Problems, confusion, fears

With less than a week before the full implementation of the Kasambahay Law, many are already wary and uncertain, confused actually, about certain provisions in the said law. Some are already complaining that the law was not thoroughly thought out, giving so much leverage on the maids and not considering the employers. Once such provision is the requiring of all employers to pay for the benefits of the maid, such as PhilHealth, SSS and Pag-Ibig contributions. But many are asking, who goes to these agencies and pays for the contributions? Certainly the employers will not do this. To hire someone to do it entails extra costs every month! And if the maids are the ones tasked to do this, when will they do it? During their days-off? And shouldn't a one-stop shop be provided where one can just make one payment for all three agencies? That's just for starters.

Another provision causing consternation among the employers is the right of the maid to access educational opportunities. Meaning, time should be given to the maid to pursue a basic education. What exactly is a basic education? High school or even up to college or some other form of formal training? And when exactly should the maid be given time to pursue that? During the day, that cuts into her daily work at home? At night? If her classes require her to be present six days a week, when will she actually be able to do house work? And what if the maid doesn't even go to school but only loiters with friends or relatives? Is it the obligation of the employer to make sure she is in school? Really? I can see how this provision will cause problems.

Then there is the provision where the employer provides the basic necessities to the domestic helper. Does this include her toothpaste, soap and shampoo? Even I am not certain about this! Yet another is the entitling of at least eight hours of rest per day. What if the domestic helper finishes her chores at midnight or later, as in the case of a party. Does that mean she is entitled to wake up at 8 am or later? What about the early morning chores? This is confusing indeed, and a potential source of tension and misunderstanding between the employer and the domestic helper!

It is certain that in the coming days or months, we will see a whole range of complaints, accusations, even bad blood between employers and their domestic helpers, because of differing opinions and interpretations of the Law. The call for domestic helpers to join labor unions is certainly not helping allay the fears of employers that they will eventually be taken advantage of. Indeed, if there is someone who stands the most to lose should misunderstandings and conflict arise because of the differing interpretations of the Kasambahay Law, it is the domestic helpers themselves. For I am sure that to avoid these “problems”, it may be best not to hire domestic helpers anymore. What used to be a simple agreement between an employer and their domestic helper, has become a legal contract with all its trappings. Do not get me wrong. I am not against the Kasambahay Law in its totality. I do agree that certain provisions will cause a strain in the professional relationship between the employer and domestic helper. Especially if one party abuses these provisions with the help of unscrupulous personalities that cajole the domestic helpers into taking advantage of their employers behind the supposed strength of the law.