Monday, July 22, 2013

The Kasambahay Law-Empowers domestic workers group in Cebu

SUMAPI to expand membership with the law's full implementation
By Ferliza C. Contratista


CEBU CITY, July 22 (PIA) -- A Kasambahay organization in Cebu is seen to expand with the full implementation of Republic Act 10396.

This as registration of Kasambahay’s in Local Government Units will be launched in Cebu City on July 28.

In the island of Mactan, where the first Filipinos headed by Datu Lapulapu, showed their resistance to foreign oppression, an organization of Kasambahays, domestic workers had been existing in the last five years.

The Samahan ng mga Manggagawang Pantahanan ng Pilipinas or SUMAPI was organized in 2008 mainly to answer to the need to protect a somewhat vulnerable sector, the house helpers.

According to its president, 52 year old Rosalinda Manamparan, they were very fortunate that the Department of Social Welfare and Development (DSWD) and Visayan Forum Foundation Incorporated, a non government organization had partnered to have them organized.

Lapulapu City is a highly urbanized City with a population of 350,000. It also housed big and small companies in the Export Processing Zones. With the economic activities comes the need for helpers to tend to the household and the children.

Manamparan said, almost every household has a male or female house helper or a yaya or contracts the services of a “labandera” for laundry.

Several years ago, she said there were a lot of reported cases of helpers and yayas from neighboring provinces who were rescued from the hands of abusive employers.

Manamparan, who had worked as a house help for 30 years said she also experienced some abuses and even working under and not paid.

Now in Lapulapu they will soon have a Kasambahay Convergence Network in all 18 barangays where members and soon to be members can avail for information and assistance to further enhance their working conditions.

“Amo tudluan ang amoa mga kauban unsa ato mga katungod og mga benepisyo, dili pod sa ingon nga mohawod mi, pero kana lang makiangayon, dili masakit sa grabeng trabaho, og nay opurtunidad nga molambo pud mi." (We will teach our members our rights and benefits, not that we want to dominate, just to be treated fair, not to get sick because of being overwork and we have opportunities to grow,”) Manamparan said.

For now Manamparan said, they have 30 active members of SUMAPI and will still have to reach out to an approximate 500 more or less in the island of Mactan.

Department of Labor (DOLE7) regional director, Chona Mantilla said they are looking at a figure of more or less 2,000 Kasambahays in Cebu which will benefit on RA10361.

DOLE had just issued its Implementing Rules and Regulations which simplified and detailed the conditions of RA 10361.

Mantilla however said, as of this writing, the IRR is currently under review because of certain gray areas particularly in the coverage of insurance under the Social Security System (SSS).

The law mandates extension of benefits such as SSS and Philhealth to all domestic workers whose salaries are below P5,000.

DOLE will also regulate Private Employment Services (PES) in the deployment of Kasambahays to their respective employers.

The other agencies include Department of Education (Deped) and the Technical Education Skills and Development Authority (TESDA) to answer the educational and developmental needs of the Kasambahays.

Former regional information officer of the DSWD, Jaybee Binghay said they are fully supporting SUMAPI and soon to be established groups of domestic workers.

DSWD’s role in the law is in the rescue and rehabilitation of domestic workers.

On the other hand Department of Interior and Local Government (DILG7) announced that the national registration of Kasambahay’s will be launched on July 28 in key areas in the country.

DILG7 Kasambahay Focal Person, Atty. Aiza Nogra said they received a directive that the official registration date will be launched on July 28 in Cebu City.

“But we had already started coordination meetings in several LGU’s na long before the launching because we have to make sure that the registration is being implemented in the barangays,” Nogra said.

The “Domestic Workers Act” or “Batas Kasambahay” was signed into law by President Benigno S. Aquino III on January 18, 2013 and it took effect on the 4th of June this year.

It is a landmark labor and social legislation that seeks to strengthen respect and protection for as well as promotion of the rights and welfare of domestic workers or Kasambahay.

It took Congress 16 years to pass the Kasambahay Law or Magna Carta for Domestic Workers. In 1993 Congress passed Republic Act 7655 which mandated the increase of minimum wage of house helpers.

According to the law, the Kasambahays are those who are engaged in domestic work, whether live in or live-out arrangement.

They may be a general househelp, a yaya, cook, gardener, laundry person “labandera”, working children or domestic workers 15 years and above but below 18 years old and any person who regularly performs domestic work in one household on an occupational basis.

They do not include service providers, family drivers, children under foster family arrangement (working student).

A contract is required in hiring a Kasambahay to be signed and witnessed by the Punong Barangay and issuance of payslip is also required. (mbcn/FCC/PIA7-Cebu)