Is the Kasambahay Bill fair to all concerned?

Now that the Kasambahay Bill has practically been enacted into law, the relevant questions that must be answered by its authors, President Protempore and Senate Labor Committee Chair, Sen. Jinggoy Estrada and Congressman Emil Ong of Northern Samar, and all their co-authors are: Are the provisions of the proposed Kasambahay Law fair to all concerned? Were there enough scientific studies made and sufficient public hearings and consultations? Are we simply doing this in order to be compliant with the ILO Convention on household service workers? Is this another international imposition on the internal and domestic affairs of our country? Is this another pretentious attempt at grandiose legislations that we are incapable of implementation? Or is this a legislation in aid of the coming elections?

If the DOLE can not even enforce fully all the labor standards that have been enacted since 1974, if they can not even do something really positive and meaningful to the many exploited workers of the giant malls, whose salesgirls have remained casuals and contractuals for many years and decades, why claim to have a political will now to intrude into the individual domiciles of private citizens and impose another obligations upon middle class working couples, who are compelled by necessity to hire a household help so that they can earn a living. There are thousands, nay hundreds of thousands, of lowly workers out there who are paid pittance for working in dangerous, difficult, dirty, degrading and deceptive jobs. The government has not been able to make a really genuine protection as mandated by no less than the Constitution.

And now, the Government is again trying to take a big bite that it certainly cannot chew. This law imposes upon the employer a minimum wage, which, by the way, is below the prevailing rates in the markets. Moreover it imposes an additional burden upon the employers to absorb all the costs of premiums for SSS, and Philhealth if the kasambahay’s salary is below P5,000. Did the Senate and House Labor committees ever consider the question of affordability? Are they aware that even public school teachers and policemen, who are buried in usurious debts, do employ household helpers to care for the babies and watch the homes while they are trying to make a living with starvation wages? Are the maids going to be better cared for than the teachers and other lowly workers?

Furthermore, this law compels the employers to make adjustments in schedules so that the kasambahay can go to school. That would practically mean hiring another help to do the work, watch the house and the kids, while the first maid is going to high school or college. Why is the government imposing upon the citizens the burdens of paying the costs of their pretentions at social justice? Why make the people pay whenever some politicians would want to show compassion to labor, like the maids and other household workers? Suppose many employers are unable, even if they like to, to comply with the law and its onerous obligations, should the government arrest, prosecute and convict the employers? I have serious doubts. This will be another law that will be more honored in breach than in compliance. Mark my word.

This is not just a question of wages either. This is a matter of principle. It would appear then, by this State imposition, that the government does not trust its own citizens to be able, on their own, and without being compelled by legal mandate, to be fair and just to their own household helps. If the law is allowed to intrude into the privacy of private dwellings, what then would be left to the citizens to decide, based on their sound discretion. What other private matters would the State intrude into next time? In my case, we have three maids who are all paid way above that which the law mandates. I have a driver who has been with us for 30 years and whose salary is double that of the salesgirls in giant chains of malls and supermarts. I did not need the government to tell me how much to pay them.

Besides, the maids enjoy free board and lodging. They receive Christmas bonus, in fact multiple of bonuses coming from my 5 children who are all working. The maids have a very decent private room with their own bath and toilet. They have TV and are free to use the landline and their own cell phone powered by electricity that we pay for. They eat whatever food we eat. They have their day-offs. They come with us to Baguio and Tagaytay, whenever we take a family vacation. They are treated as members of the family. All these were given out of our own compassion and concern. Should government then claim now the credit for all these, and would seem to project that employers, like us, would be generous only because they are mandated by law?

The bottom line then is: Is this proposed law fair to all concerned? Can the government enforce this legislation? Is there any good that will come out of this law? The answers to all these questions is NO.