Househelper

Househelper
By: Veronica Alon

I. Introduction
A Greek dictionary compiler once described a Filipina or Filipineza, as they would call us, as “a domestic worker from the Philippines or a person who performs non-essential auxiliary tasks”. This caused a major uproar to the Filipino community especially to those who are working abroad. The government finally filed a formal complaint to the Greek government. After that, no updates to the public were given as to what has happened to the complaint. Was the derogatory meaning removed from the Greek dictionary? What were the actions pursued? This is the sad truth. We Filipinos are known for our mentality of ningas kugon which means that we have the behavior of starting something and not actually finishing what we have started. This can be reflected from our statutes regarding the protection of Filipino women, who we should refer to as Filipinas. It is fact that we have a number of statutes promoting protection and equality amongst human beings regardless of his or her situation. But these are not enough to protect the interests of Filipinas, who are still subject to discrimination in every corner of the country. However, major developments throughout the years have been made that included provisions protecting women, but such piece-meal basis would not alleviate or totally diminish a century-old struggle for equality of Filipinas.

There are lots of holes in our statutes but despite this, we still manage to hang on. But how far can we carry on? If we look at our several laws, particularly in the Labor Code, there are a number of provisions protecting women in the workplace but these provisions are sometimes the cause of discrimination in workplace. This is the another sad truth, no matter how much our legislators spend their time and our money drafting and making laws, if they are not implemented properly in practice then they are nothing but a bulk of words written in pieces of paper. In the following paragraphs, the paper will focus on what it seemed like a very unnoticeable part of the Labor Code that is made especially for the persons who attend to our everyday needs in the country, our ever dependable house helpers.

II. History
Our history has its own part on shaping the society that we have today. During the times that we were colonialized by numerous foreigners, we have been formed into a structure that has put people in different classes that created a huge impact on our society today. Specifically, n the early colonization of the Spaniards, we had a hierarchy of status that is similar, but not to totally alike, to that of the Caste System of India. They are similar in the sense that both them involves heredity of status, that is when you are born through your royal parents, then you are considered to be a royal. Our then hierarchy is categorized into three major classes. The first one is called the maharlika they are the royalties and the nobilities which includes the datu who heads the barangay, the basic political unit. The middle class is known to be the timawa or the freemen. Lastly, the lowest class is known to be the alipin that are dependent on these maharlikas and timawas. This last class is subdivided into two groups. The first one is called the aliping namamahay they owned properties and they were able to go back to their houses after they have finished their work. The second one is called the aliping sagigilid. They are the everyday household servants or slaves and house¬hold dependents, acquired by capture in a war or through non-payment of a debt.
Though some writings, rarely mentioned about the gender of the aliping sagigilid, history has recorded that most, if not all, of these aliping sagigilid are women. Basing from the fact, that women during that period take the domestic role who manages the affair in the household. In macho society like ours, before and today, it is unusual for a man to be seen doing the household chores. That is why, this role is passed to women that can still be traced from our ancestors’ time. Sex roles are defined to be sets of behaviors which the society perceives to be appropriate for men and women. Male roles include the thought of masculinity and attributes such as dominance and assertiveness. On the contrary, female roles include the concepts of feminity and traits like that of submissiveness, modestry and nurturance. As such, females are expected to manage the household activities like washing clothes and dishes, cooking for the family, taking care of the children, sewing, gardening and all the sorts of activities that can be done inside a family home. Following this, women became household centered because they are stuck to the belief that their place is only situated inside the corners of the home.

III. Modern Period
On present, terms may have changed but the socio-political structure still remains. The maharlikas became the elite, the timawas became the middle class people and the alipin has evolved to different sorts of terms like yaya, inday, manang, ate, katulong, kasambahay, etc. - all referring to one gender, the female. This is only the part where we, Filipinas, are distinguished from men. This led to our own history of women who are engaged in the stereotypical job of being inside the house and being the commander in her only known territory. Perhaps, the home is where a Filipina enjoys the highest stature.

House helpers in the Philippines are either recruited through agencies or through acquaintances in the rural area. Moreover, most of the house helpers coming from the provinces have a low access to education hence, a lower chance of getting a great opportunity for a better job. They are stuck to their everyday job of taking care of the other people’s needs and having no or a little chance of succeeding in the other field. Most of the times, they are also victims of abuses, physically, emotionally and mentally by their employers. Househelpers of today have been subject of verbal abuse by their female employers and sexual abuse by their male employers, and this tortured them but some did not have the courage to fight for a case for they afraid that they will lose their job, afraid of humiliation and they are also threatened to be killed. Just imagine the trauma of undergoing this excruciating experience. These are just some of the struggles that our house helpers endure every day.

IV. Provisions in the Labor Code
The enactment of the Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines on May 1, 1974, was a major breakthrough in the labor sector. It has provided for a numerous provisions to further secure a living for the laborers who are sometimes a subject of major oppression, and to protect the interests of the laborers and also their employers. But most importantly, its major purpose is to serve social justice. As defined by Justice Laurel, “social justice is the humanization of laws and the equalization of social and economic forces by the State so that justice in the rational and objectively secular conception may at least be approximated”. It simply means equality in the eyes of law regardless of one’s status, implying that the employer and the employee are equal.

The Labor Code is divided into seven books. In Book III, you can find a title involving Working Conditions for Special Groups of Employees. This part of the Code is intended for women, minors, househelpers and homeworkers. Just what is the basis for labelling the aforementioned book as Special, there was no explanation given. However, our legislators consider the physical attributes as major factor on the first two groups.

As for the househelpers, who are the focus of this concept paper, they are included in the special group because of the nature of their work. The Code defines a househelper to be a domestic or household server in an employer’s home who performs necessary or desirable acts for the maintenance and the enjoyment thereof which includes ministering to the personal comfort and convenience of the members of the employer’s household and that includes a service of family drivers. It can also be seen from its source in the Implementing Rules of the Code, specifically in Rule XIII, which synonymously compared a househelper to a domestic servant. Though the Code did not mention about the specific gender of a househelper, as we are seeing it in reality, the majority if not all of the househelpers are female in gender because househelper has a gender aspect. In relation to this, the following paragraphs will be divided into sections as stated in the provisions of the Labor Code.

Treatment of Househelpers
According to the provisions of the Labor Code that can also be seen in the Civil Code, a househelper shall be given a suitable and sanitary place as well as adequate food and medical attendance of the head of the family. Moreover, the clothes of a househelper maybe a subject of stipulation except in household contracts where the househelper cannot afford to obtain suitable clothing, then such contract is void.
As to the nature of work, a househelper is expected to undertake all the necessary household activities in her employer’s home. However, she should not in any way be required to work more than ten hours a day. Also, she should be allowed to have a vacation of at least four (4) with pay. On one hand, should the househelper be assigned to do non – household work like in the commercial, industrial or agricultural enterprise, she should be compensated on a rate not lower than the prescribed agricultural or non-agricultural workers’ wage or salary.
Due to poverty, especially in rural areas, many househelpers are forced to work even though they are barely 18 years of age. Instead of continuing with their education, they choose to work to support their families. Employers are often unaware of the following provision but it is one of the most important provisions that is sometimes ignored, for a househelper who is under the age of 18, the employer shall give her an opportunity for at least an elementary education. The cost of such shall be included in the househelper’s compensation unless there is a stipulation.
As for the treatment in househelpers, the Code also provided that a househelper should be treated in a just and humane manner and any form of physical violence should not be used upon the househelper. Though the Labor Code missed the provision regarding the death of a househelper, the Implementing Rules of the Labor Code and the Civil Code supplied the necessary articles. In the case of death of a househelper, who has no relatives in the place, the employer should bear the cost of the funeral expenses.

Househelper’s Compensation
Lodging, food and medical attendance are some of the necessities that are given to househelpers. However, her wage is the most essential thing that must be given to her because that is the main reason on why she is working. Further, as stated in the Civil Code any household service without compensation shall be void. The Labor Code provides for the minimum wage rates in its Article 143. But on August 19, 1993, it was amended by Republic Act No. 7655 also known as “An Act Increasing the Minimum Wage of House-Helpers”. However, after the approval of House Bill 3118, as introduced by the Honorable Carmen Cari, the minimum wage was once again adjusted through the consideration of the present cost of living. From the prescribed P800 for those who are working in the urban areas, it was changed into P3000 and from the prescribed P650 and P550 from the rural areas, it was adjusted into an approximate P1500. Moreover, the wages of the househelpers should be paid directly to her and no diminutions shall be made by the employer without the authority of the househelper. Lastly, a househelper is not prohibited to seek higher wages, shorter working hours and better working conditions than those mentioned in the Labor Code.

Tenure of Employment
Domestic services can be availed of through contacting an agency or through informal recruitment which has no formality like having a written contract. This is usually done by the relatives of the prospective househelper. An employer, seeking to have a househelper, may contact a person who knows somebody, wanting to be a househelper to help her family. Unlike in the agencies, where there are certain formalities, in this kind of recruitment the househelper gets to acquire her wage in full without any commission unlike in an agency. Nevertheless, the Labor Code provides for the tenure of a domestic service. A domestic service shall not last for more than two (2) years, but the party are allowed extend and renew it for such periods depending on their stipulation.
If there is a period for the household service then the employer nor the househelper, before the expiration of the term, cannot terminate the contract without just cause. In case where a househelper is unjustly dismisses then, he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity.If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days. However, if there was no stipulation as to the duration of the household service, either the househelper or the employer may give notice five (5) days before the intended termination of service. However, the Civil Code provides a more specific way of termination and it further states that if the househelper is paid by day, then notice of the ending of service maybe given on any day or on the following day. If the she is paid by week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week. Lastly, If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month.
Upon the termination of the contract between the househelper and her employer, the employer should give a written statement containing the duration of her service and her efficiency as a househelper. Also, the employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper, which should be authenticated by a signature or thumbmark by the househelper.

Benefits
SSS
As provided in Article 143 of the Labor Code and as amended by Republic Act 7655, all the househelpers who are receiving a wage less than P1,000, should be covered by the Social Security System Law. Should the provision be violated, the violator will incur a punishment of imprisonment of not more than 3 months or a fine of not more than P2,000 or both.

PHILHEALTH
After the Lower House approved House Bill 3119 entitled “An Act Requiring the Mandatory Coverage of All House helpers in the National Health Insurance Program under the National Health Insurance Corporation”, authored by Representative Carmen Cari, the househelpers are now covered by the PhilHealth Insurance. Like the that of the coverage of the SSS Law, househelpers who earn less than P1,000 are to be included in the PhilHealth Insurance wherein their employers are the ones to shoulder the required contributions. The Act seeks to eliminate the decades-old grave discrimination against the lowly but very significant sector of the labor force, by protecting their rights and privileges as workers and upholding their dignity as human beings.

MATERNITY LEAVE
Since the required minimum wage for the househelpers has been adjusted into P3000 and P1500 respectively, it can be well assumed that all of them should be covered by the Social Security System. Following this, every househelper must be entitled to a maternity leave as provided in Article 133 of the Labor Code. As a member, she shall receive a benefit equal to her 100% daily salary multiplied by 60 days for normal delivery and 78 days in caesarean cases.

PREMIUM PAY
Since the prescribed hours of work for the domestic servant is 10 hours, they are entitled to an additional compensation for the hours work exceeding 8 hours. Also, they are covered by the premium pay for work done during holiday, rest day and special day.


V. Batas Kasambahay
The Batas Kasamabahay was originally introduced by Representative Juan “Jack” Enrile on 1999. It was then made into a House Bill No. 5804 also known as the Magna Carta for Domestic Helpers or Batas Kasambahay. However due to the impeachment proceedings, the reviewing by the Senate was cut short. Since then, numerous House Bills and Senate Bills, relating to the Batas Kasambahay, were filed and they were led by Representative Juan “Jack” Enrile, Representative Carmen Cari, Senator Jinggoy Estrada, Senator Lito Lapid, Senator Loren Legarda and Senator Aquilino Pimintel. If this will be passed into a law, then the househelpers will have a Magna Carta of their own that will cover their mandatory benefits and special rights which will promote their quest for a just and humane treatment. And this also, will further protect their value and honor as a human being.

VI. Recommendation

Just like any other citizen of this country, househelpers or domestic helpers also deserve an equal protection for their rights and interests. Considering the nature of their work, nobody can say that they have an easy job. In fact, they have the hardest one. If you can just imagine their sacrifices that include living their own family for a period of time, just to support them and meet their everyday needs and sometimes they are also victims of abuses by their employers. Therefore, to further protect the rights and honor of househelpers, this paper proposes the following recommendations:

Immediate approval of the Batas Kasambahay
The proposed bill must be immediately approved so as to provide the houshelpers a Magna Carta of their own thus, enhancing their employment and working conditions through the protection of their benefits and rights. The Bill, as it was recommended, covers the enrichment of a more comprehensive regulation with regard to the houshelpers. This holistic proposition, in effect, would encourage more househelpers to pursue their rights against any maltreatment or oppression made by their employers.

Increased Educational Opportunity
The current provision regarding an opportunity for education of the househelpers is limited to those who are 18 years old and below in an elementary level. This, however, is not sufficient to secure them with a more desirable living in the future. Therefore, it is recommended that all the househelpers aged 20 years and below must be able to have an opportunity for education at least in the highschool level. A specialized institution perhaps is the best solution. The government must be able to build an institution especially made for the houshelpers. Moreover, it must be able to equip its students with the basic knowledge in a highschool level. This will give a chance to the helpers to have more opportunity for a better future.

Eight Consecutive Hours Rest a Day
The prescribed hours of work for the househelpers, as provided in the Labor Code, is 10 hours a day. But then, they are paid in their regular rate per day. As a proposal, the househelpers must be entitled to a rest day of eight consecutive hours. With this prescribed rest day, they can recuperate from their tasks at their employer’s home.

Expanded Retirement Benefits
All of us get older through the passage of time. This is also a fact for the househelpers but then, because of their loyalty and commitment they sometimes find themselves homeless or without a family that they can go back to. Hence, a proposal for an extended retirement benefit is highly recommended. A househelper may retire on the age of 60 but should be compulsory retired at the age of 65. She should be given ½ of her monthly salary for every year of service, that is if she had rendered at least five years on her employer.

Strict Implementation of Mandatory Leave
Houshelpers who have rendered at least one (1) year of service to her employer must be entitled to a maternity leave. The same rule should apply, that is she should be given the right to receive her daily salary in full and must be multiplied by 60 days for normal delivery and 78 days for cesarean delivery. Discrimination on account of pregnancy is prohibited and any offender should be charged a penalty of punishment as required by the Law. Also, househelpers must be entitled to Holiday Leave which should be compensated with her daily salary plus a 25% thereof, if worked.

Strict Implementation of Premium Pay
With a job worked beyond the prescribed 10 hours, the househelpers must be entitled to an additional compensation of 25%, based on her daily rate, for every additional hours succeeding the aforementioned working hour. Moreover, for holiday or rest day, she should be given an additional compensation of 30%, based on her daily rate, for every additional hours succeeding the aforementioned working hour. Lastly, a night differential pay must also be given by her employer for each hour of work beyond 10 o’ clock in the evening to 6 o’ clock in the morning.

Special Savings Bank Account for Househelpers
Househelpers are to be given a special bank account that can open an opportunity for them to start their own businesses or to use for personal purposes. This also must include an interest that is a little higher than the usual. This, in effect, will provide a financial security for the househelpers for any contingency.

Specialized sector of the government for the Domestic Helpers
By a formulation of a specialized sector for Domestic Helpers that will cater from their basic needs, implementation of the mandatory working condition to their complaints, domestic helpers will be more protected. Moreover, this agency should be entrusted for the strict implementation of their rights and mandatory benefits and it will also serve as their support group for their concerns. Moreover, this can also help lessen the abuses that the househelpers endure for they will now be a body of the government that is tasked to protect them.

Identification System
Providing househelpers with identification cards will help the proposed government agency for the domestic helpers to monitor the condition of the househelpers. This system will facilitate the strict implementation of the required benefits and mandatory benefits to which they are entitled.

VII. Conclusion
As you can notice from the above-mentioned proposals, househelpers must be treated like any other employee and as such, they must be entitled to the same benefits and rights. Our househelpers have been an integral part of our society for they make our lives easier. Following this, it is just right for them to have additional benefits or newly expanded ones. These things are not impossible to attain. All we need to do is think of our househelpers as a very important part of our home. A househelper is a human being too. As such, she should be given the same protection and rights like any other human being. In God’s eyes, we are all equal therefore, in the eyes of the law all of us must be equal too, regardless of our situation and nature of work.






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Labor Code of the Philippines

New Civil Code of the Philippines

Republic Act No. 7655

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Senate Bill No. 1141