Kasambahay Law - Employer Responsibilities

[Tukaram (Tim)]

There's a news article today which helps explain the kasambahay law.  I believe foreigners need to know this law and follow it even more than Filipinos because we all know they expect us to follow the laws even if Filipinos don't.

 

 

http://ph.news.yahoo.com/8list-guide-kasambahay-law-041017418.html

 

I seriously wonder how many Filipino employers follow this?  But I agree it would be enforced on foreigners first 

 

But if I had an employee and had to give all those benefits it would be in lieu of pay!

Edited August 29, 2013 by Tuka Ram

[brock]

Carl, if you are ever alone with her, Couldn't you get done for being alone with a minor ?.

[jpbago]

Carl, don't teach her English.

[i am bob]

I don't pay Jenny a wage, I let her live and eat here for free. I do help out her parents and other members of her family from time to time..., well every month.

So because I do not pay her a wage, and don't forget she is not yet 18, I am not required to do any of the above.

So says my attorney.

Papa Carl

Carl, I can't remember your relationship to Jenny and I was wondering if there was a reason there that would make you not responsible under this law or not. I guess it would come down to if you were related, wouldn't it?

[Papa Carl]

Carl, is she performing regular household duties such as cleaning and cooking? I don't see anything in the statute that being under 18 or not being paid a wage excludes you from this law. If the worker is between 15 and 18 the contract must be signed by the guardians and witnessed by a barangay official. If she is performing these duties and she is not in one of the 4 excluded classes (service provider, foster care, etc) the fact that she isn't being paid is a violation in itself. 

http://www.ffcccii.org/wp-content/uploads/2013/06/IRR-of-RA-10361.pdf

 

You might be right, however I am taking the advice of a Filipino Lawyer who I trust, so hopefully he is right. Maybe know the quirkiness of Filipino law, she somehow fits into "foster care" or something not sure.

 

You are joking aren't you? She was living, sleeping etc. on a Barber Shop Floor! in Tondo with 6 other adults and children. Now she has her own bedroom, we buy her all her personal needs, and clothes. Every time she gets here she is as skinny as a rake, and by the time she leaves she is almost Fat! Healthy and very very very Happy.

 

This time, I am even considering contributing to her going to College up here. 

 

She gets along well with Ellie, (after all they are not too many years apart), and she is fantastic with Chiya.

 

No I think we are OK, and believe me whether she is a hot looking 17 year old or not, she is in some way a relative, and just a good kid who we try and help. In fact I am hoping that if she is up here with us she won't become another one of those 17 year old Filipina that gets pregnant and not married.

 

We can only hope and pray.

 

Papa Carl

[Papa Carl]

Carl, if you are ever alone with her, Couldn't you get done for being alone with a minor ?.

 

You know I have thought of that, based on how people look at us, (us being Ellie, Jenny, Chiya and I when we are out). Consequently I make sure we are never alone!

 

Papa Carl

[Papa Carl]

Carl, don't teach her English.

 

Ha Ha, you know besides the fact that we take good care of her while she is here, and that she is Happy being here. I believe that it is one of the reason that she likes being here, because I have a rule that says, while in my house you must speak English, at least until I am confident that Chiya is THINKING in English.

 

I believe she enjoys learning and practicing her English skills, and she is getting much better.

 

Papa Carl

[Papa Carl]

 

I don't pay Jenny a wage, I let her live and eat here for free. I do help out her parents and other members of her family from time to time..., well every month.

So because I do not pay her a wage, and don't forget she is not yet 18, I am not required to do any of the above.

So says my attorney.

Papa Carl

Carl, I can't remember your relationship to Jenny and I was wondering if there was a reason there that would make you not responsible under this law or not. I guess it would come down to if you were related, wouldn't it?

 

 

Well this is the Philippines, and it is usually difficult to tell who is related to whom! And this is another one, Jenny is the daughter of my wife's father, from a different mother, out of wedlock! So if he does not want to get into trouble for having more than one family, I don't see he is going to cause any problems! Besides I already take care of one of his families, and now it appears am starting to take care of some members of his "illegitimate" family as well!

 

Papa Carl

[MikeB]

You are joking aren't you? She was living, sleeping etc. on a Barber Shop Floor! in Tondo with 6 other adults and children. Now she has her own bedroom, we buy her all her personal needs, and clothes. Every time she gets here she is as skinny as a rake, and by the time she leaves she is almost Fat! Healthy and very very very Happy.

No, I'm not joking and neither is the government. This law gives legal recourse to anyone working as household help. There are clearly-defined terms, responsibilities, and penalties to the employer for non-compliance. 

[brock]

Stepsister then, So its Family, Everything should be ok and legal