MANILA, Philippines — Barangay officials nationwide should strengthen the implementation of Republic Act No. 10361 or the Domestic Workers Act, a party-list legislator said Wednesday.
Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Party-list Rep. Jocelyn Tulfo stressed that the role of barangay officials is crucial to the success of R.A. No. 10361, which is also commonly known as the Kasambahay Law, because they are the direct link between households and government agencies.
The lawmaker noted that the barangay office should keep a copy of the Department of Labor and Employment (DOLE) standard contracts for housekeepers to ensure that the law is being followed.
“Kinakailangan na lamang na paigtingin ang implementasyon nito gaya ng patuloy na pagtulong ng mga barangay officials,” Tulfo said in a statement, adding that both DOLE and the Department of the Interior and Local Government should coordinate with barangays and local government units regarding the implementation of the Kasambahay Law.
“Registration and submission of employment contracts would aid the barangay officials in monitoring the compliance of employers to labor laws as well as in investigating abuse or theft in the household,” she added.
The law mandates the DOLE, DILG, Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and Pag-IBIG Fund to develop and implement a continuous information dissemination program about the measure’s provisions.
It was the late former President Benigno S. Aquino III who signed the Kasambahay Law in 2013. Nearly 10 years later, observers say there is poor compliance by implementing agencies.
READ: Kasambahay law: Noble aim, poor compliance
In 2018, it was reported that SSS still has to figure out the total number of employers nationwide who have not registered their housekeepers with the state-run social insurer.
SSS also did not have the data determining who among employers are paying regular SSS contributions for their house help.
Likewise, there are alleged cases when “creative” employers were able to evade following the law while some fail to comply with retroactive payments of SSS contributions for housekeepers under the Kasambahay Law.
Tulfo did not give a specific incident that prompted her to ask DOLE and DILG to coordinate with barangay officials regarding the implementation of the Kasambahay Law, but she stressed that the relationship between employer and household worker can be complicated at times due to the possibility of non-compliance with labor rules or even abuse.
“The employment relationship between the household and the household help or staff should be regarded as a special form of relationship imbued with the elements of mutual trust and confidence, present in each household,” Tulfo said.
“This relationship may be problematic, both for the employer and employee, especially when complications arise from non-compliance with minimum labor standards or with existing labor laws, domestic violence against or by a household help, and sexual abuse among others,” she added. — With reports from Andy Hoo, INQUIRER.net trainee