Professional Documents
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Thesis Pass.
Thesis Pass.
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INTRODUCTION
The Batas Kasambahay or Republic Act 10361 purpose is to give answers to the
rights of the employer and employee about the works of kasambahay .The
kasambahay has the rights for benefit and protection thats within this Act.
However, most of the kasambahay in the Philippines does not know what theyre
supposed to get as their benefits while working.
The Batas Kasambahay was signed into law by President Benigno S. Aquino III
on January 18, 2013. The law took effect on June 4, 2013 or fifteen days after the
publication of its Implementing Rules and Regulation on May 19, 2013 in the
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leading newspaper in the Philippine.
Kasambahay are tasked to do household chores in a specific workplace which is
the house of the employer. From cooking foods, cleaning the rooms, sweeping the
floor, washing the dishes, and even taking care of the elders and children of the
family. However, most of us viewed their services as not as much important as
that of regular employee or those people who gets to get the minimum wage in
our country.
Domestic work is an essential and natural part in the Philippine Society. The
practice of employing kasambahay is innate in the Philippine culture and
continues to be part of our daily lives. Since, hiring kasamabahay is affordable it
can be afforded by middle and upper class family here in the Philippines.
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harassment,
and
other
abuses
done
by
the
employers.
The
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SSS benefit
Pag-IBIG Benefit
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Agreement on
deploymentOFexpenses,
loan agreement,
termination
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GRADUATE
SCHOOL of
employment
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THEORETICAL FRAMEWORK
Domestic workers have been historically denied their labor rights. An
international treaty has recognized that the domestic workers have the right to fair
labor and equal protection to their labor rights. Convention 189 on Decent Work
as Domestic Workers has created a new motion to the development of better
protection of the rights and their benefits as a domestic worker. Both in Brazil
and Spain, domestic work were originally marked as special type of service
employment contract and increasingly became more integrated into the general
labor law regulation. In Brazil and Spain, those recent regulations have expanded
the labor rights of
domestic workers
as wellTOMAS
as theirGRADUATE
benefits. The
process of
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OF SANTO
SCHOOL
regulation of domestic work aimed to create a systematic ways to control
domestic workers, most especially for sanitary and criminal reasons. One
guaranteed right to domestic workers is that they are now recognized as voluntary
contributors to the social security system. A federal law was promulgated,
defining domestic work, making mandatory the registration of their labor card and
guaranteeing paid vacation. In 1988, the new Federal Constitution in Brazil
guaranteed to domestic workers some of the fundamental labor rights guaranteed
to all employees. The Art. 7 of the 1988 Constitution guaranteed domestic
workers 10 of the 29 fundamental labor rights. The minimum wage,
irreductability of wage, annual bonus equal to one months salary, paid weekly
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rest, annual paid vacation, 120 days paid maternity leave, 5 days paternity leave,
notice of dismissal, as well as of integration in the social security system.
The Domestic Workers in Brazil asked the ministry of labor to include domestic
work in the labor legislation, answer came with the promulgation of the law the
recognized a few rights of domestic workers.
In Spain, the traditional marginalization of domestic work in the labor law system
has been due partly to the fact that the domestic work should take place inside the
family members to do those jobs. Thus, even though there is a domestic work
contract, it was regulated by the Civil Code (Spain, Art. 1583-1587) as precarious
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service agreement. Only in 1944, a law provided domestic workers with some
family and old aged benefits, as well as insurances for occupational accidents and
diseases.
In 1969, Decree 2346 created the Special Social Security Regime for domestic
work. This decree distinguished two modalities of domestic work for registration,
affiliation and contribution obligation purposes: full time and part time. Full time
workers were those working more than half a normal working time, which is 40
hours a week on a permanent and exclusive basis. With that case, the employer
was bound to the registration, affiliation and contribution. Part time domestic
workers were those workers who were working less than 80 hours of effective
work a month in one or more households, either permanently or on fixed term
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basis. With this kind of system, part time workers were in disadvantage, as they
need to perform their obligations with respect to the Social Security, which most
of the domestic workers will be excluded from the system. In the Special
Domestic Worker Program, there was no rules concerning to the protection of the
workers against occupational accidents and diseases, nor domestic workers were
entitled to the unemployment benefits.
For the domestic workers, the advantage of being integrated into the General
Regime is that the employers will be the one responsible in handling the Social
Security obligations even in the case of the part time workers. The former Special
Regime did not take
any actionsOFinto
account
salaries
effectively SCHOOL
received, but
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rather, it was still based on a single contribution base established by law each
year, the law changed the contribution bases to the social security to salaries
effectively received.
Labor laws in Brazil and Spain have been changed in order to expand the rights of
domestic workers. In Brazil, they changed the limitation in hours of work of
having full time, live in domestic worker available 24 hours a day. The limitation
of hours in 8 hours a day means extraordinary transformation in how domestic
workers in brazil has been performed. In Spain, the Special Social Security for
Domestic Workers is seen as an important example is the adaptation of the general
rules of the Statute of Rights for Workers concerning the format of employment
contract. The new law requires a written contract in certain cases and establishes
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STATEMENT OF PROBLEM
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1. Are the employers complying with the provisions of the RA No. 10361 to the
following:
Existence of contract between employer and employee that should be written and
signed by both parties
Employee must be made a member of PhilHealth and payment for contribution must
be handled by employer
Employee must be made a member of PagIbig and payment for contribution must be
handled by employer
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2. Is Republic Act No. 10361 or the Domestic Workers Act effectively implemented
in terms of the following:
Age requirement
Payment of minimum wage
Minimum hours of leave
Maximum hours of work
13th Month Pay
SSS membership and contribution
HYPOTHESIS
1.1 the employees are aware of the RA 10361 or batas kasambahay
1.2 the employees are NOT aware of the RA 10361 or batas kasambahay
2.1 the employees stays in the house of the employer
2.2 the employees stays in his/her own home after his/her work
3.1 the employees enjoys his/her day off
3.2 the employees do not have day off
4.1 the employees have 8 hours of rest per day
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26.2 The employers are not the ones who pay the SSS of the Kasambahay
27.1 The employers are the ones who pay the Philhealth of the Kasambahay.
27.2 The employers are the ones who pay the Philhealth of the Kasambahay.
28.1 The employers are the ones who pay the Pag Ibig of the Kasambahay.
28.2 The employers are the ones who pay the Pag Ibig of the Kasambahay.
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will also be benefited
to the researchers
because
personally
it can give
them an
understanding on the application of this specific law and as a legal management student
they are able to understand deeper about the RA 10361. the researcher will also
understand the reason why the law is promulgated in our country. this will give
knowledge to the researchers on the rights and benefits of the domestic workers.
since the geographical location of the research is in Meycauayan, Bulacan which is near
Metro Manila it is easier for the researcher to access the location and its easier to look for
domestic workers since we are only focusing on only one barangay.
the employers and employees(domestic helper or the driver, cook and house helper)can
also be benefited on this study because this study will focus on the law concerning the
rights and privileges of the domestic workers. it can help the employers to understand
what are his obligations on the domestic workers. also it can help the employees to know
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This study will need 50 people to use for conducting survey for the progress of the study.
We need answers from the employer and kasambahay or domestic helper to make this
study more understandable. We need their answers to know the relationship of employeremployee in Meycauayan, Bulacan also to know their knowledge in the RA 10361or the
kasambahay law which covers employer and employees. Our study limits its coverage on
the resident of Meycauayan, Bulacan to become our respondents. Its main purpose is to
identify the knowledge of the employer and the domestic helper in the RA 10361 or the
kasambahay law. Also to know if the employers are aware what are the rights of the
kasambahay. The researchers will study on what are the policies of domestic workers
here in the Philippines and other countries (Brazil, Spain, and India) these countries have
promulgated the same law concerning the rights and privilege of the domestic workers.
This study will consider every aspect of the kasambahay or the domestic helper and the
employers personal information that has impact on our study and onto their employeremployee relationship such as their age, their home location, and their gender.
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Each respondent will be given same questionnaires to answers. Our survey questionnaires
are divided into two parts first part is for the employer and the other part are consisting of
questions for the domestic helper or the kasambahay. We divided the questionnaire into
two parts to know the sides of the main focus of our study the employer and the
employee. We need to get answers from the employers and employees to know their
understanding and knowledge on the said law. We limit our respondents to 50-70 not so
big and not too small. The average number of respondents will give us the more accurate
percentage of the answers on our questionnaire and more accurate answers in our surveys
and interviews. To get more precise answer we limit our study on one barangay and we
choose Meycauayan, Bulacan to become our focus barangay we will conduct our
interviews and surveys on this barangay. We choose only one barangay to limit the
number of our respondents and to limit the scope of the location of our study.
Definition of Terms
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(E) Household consists of one or more people who live in the same dwelling and also
share at meals or living accommodation, and may consist of a single family or some other
grouping of people.
CHAPTER 2
The Domestic workers act is not the first law to be enacted by that concerns the rights
and welfare of Domestic workers. There are other laws that were enacted in other
countries that help to secure the domestic worker.
Spain
In Spain there is a SMI or Salario Minimo Interprofesional wherein it is the minimum
payment that must be received by the worker for legal number of working hours in an y
sectors of agricultural, industrial, and other services activity such as that domestic work.
With no distinction with sex, age, fixed number of hours of work, casual, temporary, or
regular worker within the service of any household. It is set annually by the Government
of Spain. It is alco consider illegal if they would hire worker for a lower salary.
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In 2010, the minimum wage for any activity in spain is 21.11 euros a day for full legal
working day. If the number of hours became lower or less than a full day, the quantity id
proportionaly reduced.
Spanish wages for domestic workers
The amounts per day and per hour are equal to the minimum wage. Those who work by
the hour will nevertheless be paid a minimum of EUR 4.96 per actual hour of work.
The set minimum wage described above is always increased by collective bargaining or
through
an
individual
contract
with
company.
Basic pay
Supplementary payments which are are based on the work conditions: difficulty,
toxicity, hazardousness, shift work, night work and other types of production
bonuses: for quality or quantity of work, maintenance, accommodation and residence
in island provinces and Ceuta and Melilla.
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The salary must be paid for periods not exceeding one month. The employer must
provide the employee with a payslip clearly stating the name of the company and the
worker, the salary, deductions (including the workers Social Security contributions and
IRPF
or
income
tax
deductions).
The employer is responsible for collecting all contributions and therefore deducts the
correct amount for the income tax (IRPF) and social security contributions due under the
law.
The amount deducted for IRPF depends on pay and personal and family circumstances
(children and people dependent on the worker). The worker is obliged to inform the
employer and provide him with the specific information he needs to calculate the
corresponding deduction. In the case of temporary contracts lasting less than one year, the
deduction
rate
is
percent.
Salary guarantee
Salary guarantee is an independent body answerable to the Ministry of Employment and
Social Affairs (FOGASA) guarantees workers salaries and also compensation due to
them for dismissal or termination of the working relationship which has not been paid
because the employer is insolvent, has ceased payments, gone into liquidation or entered
into composition with creditors.
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India
The promulgated an act called Registration social security and welfare act of 2008. It
involves the vast demands of domestic works in india, it is a fast growing type of job
however causes trouble to some other womens thus the implementation of this act. As for
the Indian Government it included the general welfare of domestic workers under their
labor code and for the workers to receive social welfare benefits and meet the minimum
wage requirement.
The domestic workers can achieve the legal protection through a range of
regulatory instruments. The national labour laws applicable to domestic workers
take the form of statutes and decrees. Collective agreements addressing the
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conditions of the domestic workers have been concluded important elements of
legal protection of domestic workers rights in some other countries. and some
countries also concluded bilateral and multilateral agreement in the migrant
domestic workers protection rights. Labour law governing domestic work is
relevant for both domestic workers and their employers. It facilitates the
formation and formalization of the employer-employee relationships. It can
facilitate employer-employee relations by providing a binding reference, thus
lowering transaction costs and addressing the power imbalance between the
parties. Statutory entitlements provide a minimum level of protection to be
enjoyed by all workers, and which are ultimately enforceable in court. From a
public policy point of view, the inclusion in labour law of domestic workers, who
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tend to belong to the most disadvantaged and vulnerable segments of society, can
make a substantial contribution to the creation of decent work opportunities and
the professionalization of the domestic work sector, which is of growing
importance. (Pramod et al., 2008) The ILO is a founding member of the Geneva
Migration Group, now the Global Migration Group (GMG), established in 2003
to enhance coordination and complementarily on migration policies. In spite of
international standards to protect migrants, their rights as workers are too often
undermined, especially if the migrants go abroad undocumented searching for a
job. While no reliable data on undocumented migrants by sex can be found, the
report on Gender and Migration prepared by the Global Commission on
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International Migration argued that due to the undervaluing of womens
labour and restrictions on their right to work, a higher proportion of women
migrants than men are statistically invisible and are or could become
undocumented. to conclude these articles are all concerning to the issues of
domestic workers laws on rights and privileges here and to other countries and the
causes of migration of domestic workers. The articles show that mainly the reason
why people are migrating from their state to another state is because of poverty.
These related literature stated that the household workers are the ones who lives
in the state of poverty they risked their lives going to countries and leave their
families to earn more income. Being a domestic worker is not easy because on
the first place they are dealing with living life alone and away from the family. A
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domestic worker doesn't go out of the country to just tour and chill not what our
society thinks about what a domestic worker was. Being a domestic worker is
the hardest knowing that you have to risk everything just to earn more money
for your family. Knowing how much risk they gave in just to know that their
family can be on a better stand in the society. The articles gathered also explain
about the obligations of the employer and an employee to one another also
explains the laws concerning the household workers. It show how the employer
must compensate his or her employee. The employer must know what are the
rights and privilege of the employee. The employee must enjoy his rights and
privilege being a domestic worker as a return employer must also enjoy his or
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her right on the employee.
CHAPTER 3
RESEARCH DESIGN
There will be two parts of method wherein survey method and one on one
semi structured interview with the domestic workers whether or not they
have the knowledge about the republic act no. 10361 or otherwise known as
Domestic workers act.
There will also be two different set questionnaires for the employee and employer.
Whether the follow such agreements such as the minimum age requirement,
minimum wage, hours of work, entitled to rest days, and for the employer if
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theyre complying with the said act, and for the employee if they are getting what
theyre supposed to do. The study entitled "Effective implementation and
promulgation of RA 10361 or batas kasambahay" it is a qualitative type of
research which attempts to accumulate the informations and data regarding the
RA 10361 or the batas kasambahay. this study wishes to show what are the effects
of the implementation and promulgation of the RA 10361 or the batas
kasambahay o on the employer and the employee. This study tends to focus on
two factors on the RA 10361 or batas kasambahay which are the rights and
privilege of the kasambahay and the employer. We the researchers decided to use
qualitative approach to verify our observations on the RA 10361 or batas
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kasambahay regarding the effectiveness on its implementation and promulgation.
In this study we will use both descriptive and explanatory research methods.
Descriptive research is a method used to obtain information relating to the current
status of an issue or phenomenon to describe "what exists" within the variables or
conditions of the situation. The two most common types of descriptive research
tools are surveys and observation or interview. The researchers would make use of
their observations by interviewing some kasambahay and their "amo"(employer)
to come up with precise answers to best describe our study. Exploratory research,
on the other hand, is often utilized in order to yield information to explain
problems which are not yet clearly defined or the real scope is still unclear. It
allows the researchers to familiarize themselves with the concepts of the problem
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Bulacan,
Regardless of age. This way, the survey can be properly addressed by the ones
answering them. Respondents are selected households around the St. Francis and
St. Michael in Meycauayan. These are areas that can be easily accessed by the
researchers. The estimated number of population in St. Francis and St. Michael is
around 30,000. To know the number of participants needed to undertake the
questionnaire developed for this study, Solvins formula is used; written as n = N /
( 1 + Ne2). With N as the total population and 0.05 as the margin of error (e), we
compute for the sample size (n). The result of this formula is 30-50 sample size.
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With the use of a survey questionnaire this study took the quantitative approach.
Quantitative approach is useful as it helps the researcher to prevent bias in
gathering and presenting their data. This is an approach that is primarily deductive
reasoning perfect for the addressing their answers in the one on one semi
structured interviewe of the study. It prefers the least complicated explanation and
basically gives a generalization of the gathered data with tentative interpretations.
Simple random sampling is used for the researchs quantitative approach. This is a
method planned to successfully promote equal opportunity for each available
members of a population to participate in the research. The samples are chosen
randomly and entirely by chance from a huge population in the areas indicated
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above. This was said to be the most efficient sampling procedure. Advantages of
this method are that it is free of classification error, and its simplicity also makes
it relatively easy to interpret data collected in this manner.
DATA ANALYSIS
To examine the data collected from the questionnaire, the study will look further
on the precision of the answers. It is a measure of distribution around the mean
value and frequently expressed in terms of standard deviation, a range (difference
between the highest and the lowest result). The result of the survey with the
employer and employee will be read an analyzed by the statistician. While the one
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on one semi structured interview with the kasambahay will be written through a
descriptive anaylsis. Result made by the statistician will be illustrated with the use
of charts.
The data of this research were gathered through survey questionnaires. The
questions were formed by the researchers and it was created using suitable
questions modified from the related research. The survey were comprised in two
parts one for the employer and the other part is for the employee we decided to
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make two sets of questionnaires to know the effect of the RA 10361 or batas
kasambahay in both employer-employee and to gather a precise answers from the
employer and employees. The questions were everything about the household
workers and the law involving them or the RA 10361 or the Batas Kasambahay.
In the survey questionnaires we used the likert scale to determine whether the
respondents agree or disagree in every statement stated on the given survey
questionnaire. After the validation of the questionnaire we conducted the survey
in Meycauayan, Bulacan particularly in St. Francis and St. Michael.We the
researchers understood that the consciousness of the respondents may affect their
honesty in answering the survey questionnaires so we decided to give the
respondents an option to answer our survey anonymously. Personal information of
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the respondent will not be asked for us to have more precise answers from the
respondents. We also planned the questions we will use to ask in the interview.
We, the researchers will interview a certain number of kasambay and their
employers regarding effectiveness of the implementation and promulgation of the
RA 10361 or the Batas Kasambahay.
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