It was an eventful evening last Tuesday, 25 June 2013 at BCCP’s Panel of Speakers Night – Understanding the New Domestic Workers (Kasambahay) Law.
Following a cocktail buffet and drinks, the panel discussion got underway at the Dusit Thani Manila Boardroom. BCCP Executive Director, David Mascenon, welcomed everyone to the event and introduced each of the speakers for their presentation.
First to speak was Nicanor V. Bon, Chief of the Policy and Program Development Division of the Bureau of Working Conditions, Department of Labor and Employment. Mr. Bon outlined the development timeline of the law and its key features including the definition of domestic workers or ‘kasambahay’; the mandatory benefits, rights and privileges of domestic workers as well as provisions protecting employers. He also spoke of the requirement for an Employment Contract and what such contract should contain. Mr. Bon presented scenarios for termination from both the employer as well as the domestic worker’s points of view.
Next to speak was Fiona Malca, the Executive Vice-President & Co-owner of Pandiman Philippines, and Board Secretary of the British Women’s Association of the Philippines (BWA) who operates a charity for assisting Filipina maids to earn gainful employment by placing them with expatriates living in Manila. Ms. Malca presented statistics showing the number of domestic workers in the Philippines and abroad, the different levels of wages and other benefits granted to this workforce. She showed actual examples of an employment contract, registration documents that need to be filed when hiring a kasambahay, SSS forms, Certificate of Employment, and pay slips, among others.
The last on the panel was Atty. Catherine Franco, an Associate at Quisumbing Torres’ Employment Practice Group, who focused on the compliance requirements and penalties in non-compliance. She highlighted acts that are prohibited and unlawful such as diminution or substitution of existing benefits, withholding of wages and the placing of domestic workers under “debt bondage”. Atty. Franco also discussed dispute settlement procedures.
During the open forum, questions and comments centred on the SSS, PhilHealth and Pag-Ibig fund registration requirements and the “unrealistic” timeframe that these registrations needed to be done by. Perhaps the most controversial topic discussed was the registration of domestic workers already in long-term employment and the retroactive penalties that may apply relating to SSS contributions.
Members wishing to ask further questions may do so through this blog and BCCP will ask the appropriate panelist to respond.
Several members thanked BCCP for putting on an event around this topic which obviously affects many as employers of domestic workers.
The Panel of Speakers Night ended with Michael Whiting, BCCP Vice Chairman, presenting tokens of appreciation to the speakers.
The speakers’ presentations may be viewed by members in the Resources section of the BCCP website.
