* * * * * * *
Hi mommies and actually anyone who has household help! Are you following the Kasambahay Law? Do you even know there is a Kasambahay Law (hehe)? What do you think about it?
I recently sat down with my household staff to discuss the law with them. After a long talk, here's what we think of it:
Mabigat siya financially sa employer because of the many benefits—SSS, Philhealth and Pag-IBIG (Article IV, Sec. 30). The total is a minimum of P791 per maid. I'm actually okay with giving benefits, kahit na aaminin ko na masakit ang extra P1,600 sa monthly budget. To affluent families, P800 a maid is negligible but if you're struggling to make ends meet and need a yaya for your kid, that money could buy milk and eggs and bread!
Pampabigat siya sa schedule ng employer kasi kailangan mong asikasuhin buwan-buwan ang benefits. Plus, you need to register your household help with your barangay (Article III, Sec. 17). Okay lang kung sa opisina kasi may HR, may admin staff, may messenger. Sa bahay ko, it's me and me alone! At least ako, housewife na so I actually can devote one day a month to this. Paano if may trabaho ka? "Boss, leave po ako bukas kasi kailangan ko pumunta sa bank, sa Philhealth at sa Pag-IBIG para bayaran yung benefits ng yaya ng anak ko. Next month din po and every month after, one day leave po ako." Nyek.
The government must make a way to make the administrative burden less for us. My sister-in-law says the SSS people give her a hard time every frakkin' month. Pipila ka na, ang daming ng forms, ang sungit pa nila sa iyo. Stress! Ugh. So government. I wouldn't mind paying for my help's benefits if everything's online and from one bank. Parang bills payment!
Actually, ang SSS may ganun na. Click here. Of course, if nag-resign si yaya or you fire her, you again must file papers to say that she's no longer with you or else babawasan ka pa rin buwan-buwan. Or you'll be penalized for not paying her contributions.
Yaya doesn't want day off. Yaya Juliet doesn't like going on day off kasi napapagastos lang siya. Her family kasi is nasa probinsya lahat so she doesn't have anyone here in Manila. She also actually likes working. She doesn't like being idle!
But according to the law, the yayas must have 24-hour day off every single week (Article IV, Sec. 21). I actually like days off kasi that means a day of privacy for my family. In fact, my previous maids used to come in Monday mornings and leave Friday afternoons. So they only slept here 4 nights a week and the weekends are blissfully private.
But si Yaya Juliet ayaw niya nga mag-day off. Okay lang before but when the Kasambahay Law took effect, sabi ko sa kanya, "Juliet, sorry ka na lang pero kailangan mo talaga umalis ng bahay ko once a week. Yun ang sabi ng batas." Sagot ni Juliet: "Yang batas na yan, sasagutin ba niya yung gastusin ko sa araw na day off ko?"
You can't just fire a yaya. (Article V) Dapat may "gross habitual neglect and inefficiency." So if nahuli mo siya na hinampas niya yung anak mo, wag paalisin—dapat warning muna. Habitual means paulit-ulit. So kung nahuli mo a second time, hindi pa habitual yun.
The law does say you can fire a yaya if there's willful disobedience, fraud, willful breach of trust, violation of terms of contract, and commission of a crime against you and your family. So what I'll do is I'll draft a contract that specifically lists all cases wherein I can fire her: saktan mo anak ko kahit isang beses, magnakaw ka, nag-chismis ka about my family, etc. I'm still thinking of all possible scenarios.
The law also says you can fire yaya if she has a contagious disease (Sec. 32, f). This is a relief to me kasi I had two yayas who had TB pala. Because I didn't want to be hardhearted, I paid for their initial treatment and even gave them 2 weeks' paid leave. Ano ginawa ng mga yaya? Naghanap ng ibang trabaho at hindi na bumalik. Sayang yung pera ko. So now I know I don't have to help them financially; I can just let them go.
So I like that there's a contract! The problem is this...
Yaya doesn't want to sign a contract. (Article III, Sec. 11) Juliet didn't get to finish high school and she is inherently suspicious of contracts. Mostly because she believes they are drafted against her. And if you read my above statement, yeah, I agree since a contract must protect me, too.
So if ayaw niya mag-sign ng contract, does that mean we're breaking the law? Does that mean she's not officially employed (and therefore no benefits)? And yung contract ba dapat pa-notarize? Kasi if papa-notaryo ko pa yun, dagdag lakad at gastos na naman yan!
The law has illogical terms. This is my favorite: It says if yaya wants to go to school, employer should adjust the family's schedule to accommodate (Article II, Sec. 9). Nyek. What if her classes are from 8am-5pm? Paano na?
Well, sabi naman ng law the education shouldn't hamper the services required by employer. But the law also says "employer shall afford the domestic worker the opportunity to finish basic education." May elementary and high school classes ba sa gabi? And if meron, yaya is also required to have 8 hours of rest (Article IV, sec. 20). Are her classes considered part of her rest period?
Yayas don't want a raise anymore. My yayas are happy with their salaries kasi they are much higher than what the law stipulates (Article IV, Sec. 24, a), which is just P2500 a month. They're even happier that under the law, ako ang magbabayad ng benefits nila in full, hindi kami hati. But when they found out that once their salary hits P5000 a month, split na kami sa contributions and they have to pay taxes.
Panic sila. Ayaw daw nila mag-contribute at magbayad ng buwis (who does???). Since Juliet is about to hit the one-year mark, I told her she'll get a raise. Ayaw ni ate. Paano ito? So, hooray, this is great for me, right? But I'm scared she'll leave us if I don't give her a raise. So, no, it's not good for us at all.
I am forced to choose the better-off yayas. I recently hired a new yaya for Iñigo. We love her! But I was choosing between her and another girl. They were both perfect for me but, because of the law, it was easy to choose. I chose Josie, the yaya who already had her complete documents. NBI clearance, medical clearance, birth certificate, IDs, etc. Jenny, the other yaya, said she is very poor and cannot afford to get her documents. Now, according to the law, the employer is supposed to shoulder the pre-employment costs (Article 3, Sec 12). So I told Jenny ako na bahala. But then Josie showed up with all her documents.
Put yourself in my shoes: Josie means she can start right away and wala na ako gastos. Jenny means more gastos and a waiting period kasi I have to wait for her to get all her stuff. And nangyari na sa akin yung binayaran ko na lahat ng medical ng dalawang yaya before and we found out may TB at hypertension sila. So after all I spent and all the time I waited, I didn't get to hire them anyway. I needed a yaya ASAP so I got Josie.
 |
| One of the yayas' benefits: Meeting stars regularly! |
The law is not all bad. It's actually got some good parts like giving yayas a nice and safe place to sleep (my yayas said some of their friends sleep in the garage, beside the car!). The yayas and I have also compromised on some areas. For example, si Juliet, yung yaya na ayaw mag-day off, sabi ko I'll send her to cooking classes every weekend na lang. May day off na siya, may opportunity to learn pa! As for the raise, Juliet suggested kung pwede same salary pa rin and bigyan ko na lang siya ng "allowance" so she won't have to pay taxes. I haven't said yes to that yet since I want to ask a lawyer if that's legal.
Yes, I am actually going to talk to a lawyer about this (for a magazine article) and I hope our concerns can be cleared up. I like to think I'm a smart girl but I don't really understand legal stuff. So I really truly hope all our fears are unfounded.
The law is okey pero sana babaan pa ang minimum SSS contribution. as a government employee, and laki na ng GSIS contribution, tapos dagdag pa ang kaya yaya. baka hindi na namin kayanin.
ReplyDeleteNice entry Frances. Ang kasambahay komag 18 pa lang tomorrow sabi ko lakarin nya na SSS nya. Yung new yaya ko naman, college grad at may SSS na. Hindi ko lang alam ano ba computation ng contributions. San ba makikita yun? Agree with all the matters you discussed. IMHO, parang ang pagkakaron ng yaya ay para sa privileged na lang. Pano naman yung mga normal na manggagawa lang, lalo na kung long hours or hindi flexi time? Maraming makukulong na amo nito pag nagkataon! =(
ReplyDeleteThe computations are all in the websites of SSS, Philhealth and Pag-IBIG =)
DeleteHi, Ms. Frances! I actually have a problem with it, too. You see, my yaya is a minor. She just turned 17 last December. BUT we didn't know about it beforehand. She and the agency told us that she's 18. Nadulas lang sya one time kaya we know now. Anyway, should I give her benefits like SSS, Pagibig and Philhealth? Is it even legal?
ReplyDeleteI don't want to let go of her kasi she's really good with my baby. Also, she loves working for me (I'd like to think so).
And like you, my yaya also doesn't want to take a dayoff. So what we do is just let her relax sa bahay, basa books, nood TV. Chill lang haha
I can't make her stay sa house kasi pinipilit niya magtrabaho. Yaya kasi siya ni Vito so when she's at home, Vito wants her. Alangan naman sabihin ni yaya, "Vito, go away, day off ko ngayon."
DeleteSabi naman ng isang friend ko, "Sa lagay, sa bahay lang siya? Kinakain nya pagkain ko, ginagamit niya tubig at kuryente ko?" LOL
For me, I'm all for the Kasambahay Law. I'm used to paying for their SSS, PHIC and PagIbig contributions anyway. Yes, its quite steep - but think of it this way, you're helping them out narin. There are online SSS payments in most banks, no need for you to go to SSS to pay, yun lang the 'reporting' will become a hassle.
ReplyDeleteMy only concern is that - these helpers to be, if they don't have ways and means to get their proper documentations - and we shoulder them, tapos they stay with us for short while lang, lugi naman tayo sa kakagastos diba?
Minsan nga I think na those who drafted the law were ignorant or didnt have househelp themselves. Or they did it to benefit the 'vote'
Sana nga the IRR gets released soon eh!!
I don't mind giving benefits either =)
DeleteI don't think firing a yaya because "hinahampas-hampas ang kid" still falls under "gross habitual neglect and inefficiency." Neglect is different from battery/physical abuse, and I think the law would side with you if you would fire a yaya because of physical abuse.
ReplyDeleteAlso, your interpretation of the rule on day off is wrong. It only means that she doesn't have to work on that day; it doesn't mean that she has to to physically leave the home for a day off.
Ikaw naman. Hindi ko sinabi "hinahampas-hampas." That means many times. I said, "hinampas" which is one time. That's hardly called child abuse. So if I go to the barangay and say, "Nahuli ko sya na pinalo nya anak ko. Once." Hindi yata ako papaboran ng batas. Lalo na dito sa Pilipinas. Although sinabi ng isang commenter, Mike Cruz, that it is a crime to hit a child. (Hmm. Does this mean my parents—who loved us very much but hit us regularly when we were kids with belts and even slapped me hard for talking back—should go to jail?)
DeleteAs for the day off, nope, she has to really leave the house. I'll copy-paste my reply to another commenter: I can't make her stay sa house kasi pinipilit niya magtrabaho. Yaya kasi siya ni Vito so when she's at home, Vito wants her. Alangan naman sabihin ni yaya, "Vito, go away, day off ko ngayon."
And if on her dayoff she just stays inside the house, am I responsible for her food? I mean hello, ako na nga gagawa lahat ng chores since she is in a day off & she's not allowed to do anything (kase nga on day off) tapos I'll spend pa for her food, electricity and water. Oh btw, if she doesn't take her dayoff, you can pay her the equivalent day's rate. So for someone paying a php 2.5k salary, that means an additional php 330 per month if your yaya is like Yaya Juliet who doesn't like taking days off. Mabigat yan sa bulsa for a regular worker.
DeleteTo share... When Sen Jinggoy was asked what should those family who cannot afford the new provisions of K-bill do, he said "Magtrabaho na Lang sila ng mas maigi para ma-afford".
Haaaay, Jinggoy. Why why why are you a senator?
DeleteYou read my mind Frances!
ReplyDeleteThis actually became a burden now that I am in need of a new all-around helper/housekeeper. Even the "recruitment agency" told me that the yayas/maids themselves do not want deductions for the required contributions. Eh baka ako ang ma-demanda if I don't have contract!
I also want online services so employers don't have to be physically present just to submit docs and pay fees! Such hassle, waste of precious time, just like lining up at the bank. :(
Also, day-off once a month is all they ask since magastos nga kung weekly, so I just don't require them to work on Sundays. Haaaay... hope they amend this law to cover the points you've raised which are very valid, and the same concerns as the other wives and moms I've talked to on this major issue.
I'm also looking for a new maid. I told people the sweldo is P4,000. But I'm thinking I'll say the sweldo is P3500 but if hindi sila mag-day off, P4,000. Don't judge me. I really think this law wasn't thought out well enough.
DeleteHi Frances! Hindi ako mapakali sa entry na ito, even with the caveat that you’d consult pa a lawyer to see if your fears are unfounded. Let me share my views:
ReplyDelete"Pampabigat siya sa schedule ng employer" -
Nothing in the law requires the employer to actually and physically pay for the statutory benefits himself. IMHO, pwede mo namang iutos sa mga kasambahay mo iyon. Better yet, include it (THEY pay with YOUR money) in the contract.
"Yaya doesn't want day off." -
If you'd read Sec 21 fully, you'd see that:
"...Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:
...
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;"
“Yaya doesn't want to sign a contract.”
Tell her that contract provisions are to be construed strictly against the one who prepared the contract. There’s also a social justice dimension to the Kasambahay Act so contracts will also be construed to achieve that end. And no, notarization is not required under the law.
“I am forced to choose the better-off yayas.”
Notice that in Section 12 the word used is “may” and not “shall.” Generally, “may” in law is permissive as in you may or you may not require the pre-employment documents. Had the law used “shall,” then the requirement would be imperative.
It is submitted, however, that in case of private employment agencies, the pre-employment requirements are necessary.
“You can't just fire a yaya. ‘….So if nahuli mo siya na hinampas niya yung anak mo, wag paalisin—dapat warning muna.’”
“Hampasin ang anak mo” is actually a crime. It’s either child abuse under RA 7610 or at least Physical Injuries under the Revised Penal Code. If you look at Section 34, gross or habitual neglect of duty (34(b)) and commission of a crime (34(d)) are two SEPARATE and DISTINCT grounds. It is absurd to wait for the crime to become a habitual one before you can do something about it.
This is great! Thanks for clarifying! Hindi ko na kailangan mag-lawyer LOL But still, I do have some comments.
Delete1. Yes, we'll try that arrangement na sila yayas ang pipila =)
2. Yes, I know that provision na if hindi mag-day off, babayaran ko siya. But ayoko siyang bayaran ng extra 4 days!!! Ang dami ko na nga binabayaran! Plus, she VOLUNTEERED to stay and work!
3. Hooray! No need to notarize the contract! Whew!
4. In my case kasi, since mga bata ang aalagaan, requirement ang NBI and health clearance. Like I said, I really do pay for those naman. But between a yaya with no papers and a yaya who already has the clearances, syempre pipiliin ko yung may papers na.
5. I didn't know hitting a child was a crime. I don't hit my kids. But that means my parents should go to jail!!!
One issue i have here is the basis for termination - Fraud or willful breach of the trust reposed by the employer on the Kasambahay; --> this is someone living in your house. what is the interpretation of fraud/willful breach here? does it cover "pinagdududahan mo siya". what if nawalan ng laman ang piggy bank ng anak mo. but you can't prove who took it? pero you don't trust the yaya anymore? what interpretation will be used for "fraud and willful breach"? mahirap naman ata ito sa employer especially since magkasama kayo sa bahay! Eto pa, I have a friend who shared that their new helper constantly talked about how there was a moo-moo in their house, etc. etc. my friend was bothered.. pero otherwise, the helper was ok.. pero may nakikita daw, etc. etc. so where will that fall? Any disease prejudicial to the health of the Kasambahay, the employer, or member/s of the household? no kase disease must be diagnosed diba? and it has to be prejudicial to the health of the people in the household? i had hoped na these things will be given more flesh sa IRR but mukhang we will have to wait for jurisprudence to come up with the interpretation
DeleteJenny, yung unang yaya ni yaya, bruha. And I mean bruha as in Tagalog ng witch. I was scared of her na. Daming incantations at medallions at kung anu-ano pa. I actually asked a pastor and his wife and my brother (who is a good Christian, unlike me) to come over sa house at ipag-pray kami. I didn't know how to fire her! Ano sasabihin ko? "Ate, alis ka na. Natatakot kami sa mga dasal mo." That will totally be unacceptable under the new law, right???
DeleteActually, you can still let her go.. pero may provision kase dun na you have to pay 15days salary if you let her go not based under the grounds provided. diba? ikaw na takot, ikaw pa penalized! --"If the employer dismissed the Kasambahay for reasons other than the above, he/she shall pay the Kasambahay earned compensation plus indemnity in the amount equivalent to fifteen (15) days work."
DeleteNapaka unfair ng batas na yan. Kapag di mag dayoff, babayarn ko pa ng extra? Yung mga yaya nga ang ayaw mag day off! Tas tama sabi ng friend mo, Miss Frances. So kung di mag day off, pwede sa bahay ikamo. So ginagamit nya kuryente at tubig namin, kinakain nya pagkain namin, tapos hindi sya magtrabaho? Labo talaga!
ReplyDeleteGreat article! Very helpful too! I'm blessed my yaya doesn't demand much because her salary is above minimum wage and we are readily supportive for emergency cash advances. She's loyal to us and I think at the end of the day, as long as we are mutually happy work and relationship-wise, we can do away with the law! Hehe!
ReplyDeleteFrom what I read, you're not opposed to the law, and actually see the need for it. I hope I'm correct. I'm getting a little alarmed at the comments here. I am a mom myself and I do see the need for a yaya. But before and after this law, the fact remains: having a yaya is a privilege. And the privileged one is the equation is the person or family who employs the yaya or maid. Social justice naman, mga mommy. Can you imagine living on P2,500, or even P5,000 a month (which all of you seem to already consider "generous?") I don't see how the law can be "unfair" or "pabigat" when those we get as maids have all their lives been exploited for their desperation, their poverty. Totoo naman di ba: we get them for cheap labor, when the work they do is incredibly difficult--backbreaking manual work for 12 hours (or more, since they're on call all hours of the day and night) every single day of the week. And if they're moms, heartbreakingly away from their children while caring for ours. Kahit maganda ang trato mo sa katulong, talagang they are not and never will be paid the just equivalent of the work they do. If the world were fair, they should be paid as much as you, ang hirap ng trabaho nila! When will the working class be given justice in this society? I hope this law is the first step to closing the gap between "them" and us, who complain about "unfair" treatment.
ReplyDeleteYes, I am okay with this law. Yes, I think it's pabigat to fill up forms and line up every month sa bank. If you don't think it's pabigat, come over here sa house every month and do it for me! Hehe.
DeleteAs for equal pay for all, let me tell you a story, Anonymous. When I was very young, I also believed in equality. I was a teacher paid 7K a month, less taxes and SSS, etc. I was bringing home 5K a month. Yes, I can imagine living on 5K a month because I totally lived it. Meanwhile, my friend who is a doctor worked a few hours a day and she was paid buckets of money. Hardly fair, right? Where is the justice?
Then when I became a writer, I'm paid 2K-3K an article. Yes, that's how much I earn even today. But my makeup artist friends charge 5K a head, my stylist friends 50K a campaign, my photographer friends 100K a wedding. So unfair, right?
So what am I trying to say? The world values people who are rare and gifted and educated. It's just the law of supply and demand. (Apparently, there are a lot more writers than stylists since stylists get paid more than writers do.) There is a demand for domestic labor, yes, but there is a vast supply. So they are cheap. But yayas who have experience and are educated (college, cooking, midwifery) can charge much higher. I know this because when I was a teacher with a 7K salary, I met a kid's yaya who was paid 12K. She had a college degree and CPR training. I really felt bad about that!
Right on target Frances. Ang galing mo!
Delete"If the world were fair, they should be paid as much as you, ang hirap ng trabaho nila!" This may be true, but hindi ba for most people, kaya nga rin we hire helpers/yaya is because we have to work to support the family at the expense of leaving our kids to other people para sila ang mag-alaga na dapat tayo ? That for one, is not fair, kung titingnan mo pero kailangan. Every day I go to work, mabigat sa akin na iwan ko sa yaya ang anak ko kasi kailangan ko magtrabaho. :(
DeleteFrances-- add to the list of offences which can merit termination: Gamitin any of your stuff, kahit i-fit lang just to see if bagay!!!!! Hay, my pinaghuhugutan ako dyan, LOL
ReplyDeletehi. reading this entry made me think.. really think. (now, i just called my husband to give him this problem. haha! ) ive been your follower for quite some time now, and this entry just didnt entertain me in any way, i am worried. :( all your points are just so true! i have a yaya who has been with the family for almost 27 years now, since she transfered to our family (9years back) been telling her that we will get all these sss, etc.. but she just doesnt like, "ayoko ng bagay na hindi ko naiintindihan." she doesnt like to go on day offs weekly too, ayaw din daw niya mabawasan ang salary going nowhere... please give us updates about this.
ReplyDeleteI'm supposed to interview a lawyer about this, it's for a magazine. Please buy the May issue of Smart Parenting =D
DeleteFrances, perhaps you missed my point. My comment had to do with the idea of justice. You are right, the world is unfair, some people get paid more. I am a lawyer so I understand that. I practice law for the dispossessed, the indigenous, and the peasantry. Perhaps you encountered a yaya who was paid 12k, but I can assure you that she was the exception. There are many out there who are paid dirt cheap. But they go for it because they have no choice. It's either that or die, and let their kids die with them. You and I, who have studied at good schools, obtained postgraduate degrees abroad, have choices. These people don't. How could someone from the ranks of farmers or urban poor even hope to get a good education, be "rare and gifted and educated?" Go to the schools our children attend? They do not have the luxury or the wherewithal; and what's wrong is that government or civil society have not much in place to help them rise beyond their station or the circumstances of their birth. (Kaya nga perhaps this bill is a start). So they work like dogs for measly pay. That's what exploitation is. I am only offering a perspective here, a POV especially needed in a country like ours where the class struggle is the biggest ill. The law of supply and demand is working in a system that is unjust. "There is a demand for domestic labor, yes, but there is a vast supply. So they are cheap." The "vast supply" are people being cheated and oppressed by the neoliberal system. Just because it's that way doesn't mean it's right, and doesn't mean we should be complicit in this injustice by being satisfied na, "Ganun eh, let's live with it." At least that's what we would hope to teach our sons, that though the world be unfair, one should fight to make it fairer for all, especially those who do not have the voice or the means to. I hope you understand.
ReplyDeleteI do understand but this is not the venue for your cause. Many mothers are struggling to make ends meet, to keep their jobs and yet worry about caring for their children. They won't understand your argument of oppression, injustice, neoliberal system. All they're concerned about is how to come up with that extra cash. I hope you understand that.
Delete@Frances, very.well.said :) To you anonymous, if you want to talk about justice, sa court na lang please :P
DeleteHi Frances great article! I've been thinking about this lately since I have to change yayas. I am for the law, but I have to agree that this was not written for the ordinary employer. Ang hassle talaga to pay those benefits every month. Bakit employer ang magshoulder ng fees for the requirements, bakit ba if you're applying for low paying jobs such as a janitor, laborer etc. it's the employee who still shoulders the expenses for the requirements. Hay the list goes on....I'm for the kasambahay law...they are people just like us who have rights...but they should really think hard about amending some details.
ReplyDeleteWell, I was told that it is the interest of the employer kasi. For example, hindi naman necessary ang NBI at medical but paano kung criminal pala siya or may sakit? The one affected is the family so it's up to you to protect yourself by spending on that requirement. Yun ang explanation sa akin ng asawa ko =)
DeleteHi Frances, your post enlightened us in many ways. Aside from those that you have listed.. isa sa problem ng mga yaya eh yung pagtuloy sa bayad incase magresign sila or mawalan sila ng trabaho. Hindi naman daw nila kayang i-sustian ang pagbabayad so in the end, useless lang yung mga ibinayad ng amo nila.
ReplyDeleteWell, you can do whatever you can to help these people but in the end, it's still their decision what to do with their lives. So we'll just do what the law says and hope that our money will not go to waste. Sigh!
DeleteFor SSS, the helper can continue to pay the minimum premium of Php104/ month as a voluntary memeber so she can still avail of her benefits. I explain that to my helpers so that hindi sayang yung binayad na namin! It's lower than the premium we pay but I understand that it might be difficult for them to pay it pa rin since they don't have work or are in between jobs.
DeleteThanks alot.. it really lighten me up about this law.. well i havent discuss it to my yaya..good thing you wrote this article.. galing mo talga topaz mommy :)
ReplyDeleteHi Frances. Maybe you just want to add for your article -- the SSS now requires household employers to apply for an SS employer number . Before, it was okay to use the employer's existing SS number, but now, there's a need to apply for another number which you will use to identify yourself as having household employees. The issuance is on the SSS website.:)
ReplyDeleteArgh. =(
Deletehi frances. i too pay for my yaya's sss monthly. ok lang ang once a month na pagpila sa bank pero ang hassle talaga is yung quarterly reporting. it's already march and hindi ko pa rin nasu-submit yung 4th qtr 2012 remittances ko kasi hindi ako makapag-leave sa office. hay.
ReplyDeleteHi Frances.
ReplyDeleteLike Mike Cruz, I was a bit bothered by this post. It's good that he addressed almost all of the confusing points you raised.
Just to clarify a few more points...
Your parents did not and will not go to jail for spanking you when you were a child because R.A. 7610 was not yet a law during that time.
The yaya can stay at home during her day off and you do not need to pay her extra for as long as she is free to do whatever she wants on that day. If she decides to help around the house, then it is her choice and you will not be penalized for it.
Methinks you should have done more research and consulted a lawyer before releasing this post. I usually don't expect thorough research from other bloggers since most are online diaries and private journals. But since you were a former editor-in-chief and are a current writer/columnist, the standard is higher for you. Di na pwedeng "write now, research later" because your readers turn to you for guidance. Pressure! Haha. I hope you take this constructively because I read your blog regularly and I am a fan. =)
Kat and Mike Cruz, didn't you read her second paragraph? This one:
Delete"I recently sat down with my household staff to discuss the law with them. After a long talk, here's what we think of it."
She was reporting what she and her maids thought about it. She wasn't telling us about her research into the article or the finer points of the law or its pros and cons. She was just telling us a story. In that sense, it is a fine piece of journalism because she reported what she and her yayas talked about.
I am a bit disappointed with the way you reacted to my comment.
ReplyDeleteTo say that you wrote this post as a mom and not as a writer, and to explain that this was not a professional piece but just a collection of your private musings, is just a big fat excuse for a lousy job. I tried to be nice and polite because I wanted to give constructive criticism and I really wanted to contribute to the improvement of your blog. So imagine how sad I was when you took my words out of context.
I never said that you were irresponsible for releasing your post without first consulting a lawyer. You were the one who said that you would consult a lawyer soon to be enlightened about the subject. This made me wonder, especially after reading your confusing post, why you did not do your research and consult a lawyer first before hitting the publish button when you had no deadline to beat. To be frank, ang tamad kasi ng dating at ang gulo-gulo ng mga sinabi mo.
I do not think it is possible for you to separate your being a writer from your being a mom. I was attracted to your blog exactly because of this combination. I am not a writer. I do not have the skill and the imagination. But through you, I had a glimpse of a writer's life and how wonderful it was to be a part of the action. You often write about your work, so how is a reader like me supposed to distinguish when you stop acting as a writer and when you start acting just as a mother?
As you said so yourself, you have an average of 40,000 views a month. You also accept sponsors and advertisers. You may not be charging people a subscription fee but you are earning from this blog so you have to put in time, effort and professionalism at all times. You owe it to your readers. If this is not the venue for expert writing then you can opt not to feature subjects which require expert opinion. You do not have to rethink the blog. You just need to rethink this particular post and future posts of the same category.
At the end of the day, you have to admit to yourself that your post was not up to par. It was lazy journalism. As an editor-in-chief, you said in a previous post that you demand perfection from your staff. Why do you hold yourself to a lesser standard simply because this is an online journal and not a parenting website when you obviously have a large audience base as well?
I am just one reader so you could have chosen to ignore what I said. You were hurt because you knew deep inside that I was right. Unfortunately, instead of taking my comments constructively, you let your emotions get the better of you. And instead of thanking me for not sugar coating things the way your other readers do, you made me feel like I was your detractor. =(
Sigh. I think you got emotional as well. You tell me how to write my blog and now you tell me how to react to criticism as well. You tell me you "tried" to be nice, meaning you actually are nasty. You even demand I say thanks! =(
DeleteYes, I could've chosen to ignore you but I didn't because, just so you know since you seem to know sooo much about me, I actually was having this exact same discussion with Judy Ann Santos. We were talking about how we don't want to be seen as role models because it's unnecessary and incredible pressure, and that it is possible to separate career from private life. It is very possible. I'm sad you are your job. I'm sad you think people's jobs define them.
I was also going through an emotional decision, thinking about revealing less on this blog, even discontinuing it because my kids are growing and I think they deserve some privacy now. At the same time, I love my mommy blogging and can't imagine stopping.
So you got me at a delicate time. Yes, I am—surprise!—emotional and sensitive, too. I don't know how you could've missed that. Diba I keep writing about how I cry all the time, how the maid who didn't know how to cook rice made me weep??? So no, I didn't make you patol because deep inside I know you're right. Don't flatter yourself. You do not know me at all. Please don't assume anything. It is pompous and judgmental. But we already know that—you have called me lazy, sloppy, and you order me about because you say I owe you that. I don't owe you or anyone else or even my dear readers anything. I'm glad you read the blog, I'm glad you get entertained, but ultimately you are here of your own free will. That doesn't make me beholden to you.
This comment has been removed by a blog administrator.
DeleteDear Anonymous 8:05am,
DeleteI edited your comment because you posted our plans for the week and your new phone number! And sorry if I talk in Taglish!!!
"I don't want you to stop blogging. But you're right. This is still your blog so you can write anything you want in anyway you want. I actually don't like it when you talk in Taglish. I think it doesn't suit you. But I don't say anything about it hehe until now hehe because who am I to tell you what to do with your blog? If we don't like it, we can go somewhere else. But we can't make you do anything you don't want to do. That is what she missed. She thinks she owns you."
I was wondering why my comment came out, disappeared then came out under your name!
DeleteWhen you talk in Taglish, it sounds jeje. Yuck. See you on Tuesday!
"If this is not the venue for expert writing then you can opt not to feature subjects which require expert opinion."
DeleteTama nga naman si Kat. Dapat if you talk about your marriage, maginterview ka muna ng marriage counselor. If you talk about your kids, dapat may parenting expert's opinion. If you write about breastfeeding, dapat may pedia, lactation consultant and nutriotionist—hindi sariling opinyon mo lang. If you talk about food you prepare, hindi pwedeng recipe lang—dapat may input ni Heny Sison. No, dapat Martha Stewart! With nutritional information!!!
Don't be a lazy journalist daw, Ms. Frances. From now on, interview mo muna lahat ng expert sa mundo ksi lahat naman ng subjects require expert opinion ngayon, diba?!
Oh and please do not worry. I am not here to antagonize you. You won't hear from me ever again. =(
ReplyDeleteTroll. Go away!
DeleteKat, I didn't want you to go away. You made me cry, you called me bad things but it's okay. It's just a disagreement. We can have an argument all day long but it's just an argument. It's nothing really.
DeleteDear Kat,
DeleteMedyo naguluhan lang ako sa sinabi mo na, "I am not a writer. I do not have the skill and the imagination."
You are not a writer and you do not have the skill and the imagination, pero kung mang-push around ka ng *MAS* may experience sayo wagas wagas lang?! What the hell?! *insert Jackie Chan meme here*
Hiyang-hiya naman kaming lahat sayo, ang dami mong alam.
Continue doing what you do best Ms F--be it a writer or a mommy or a wifey! I'l have to admit that I never took interest into reading OK! magazine (save for the Will and Kate issue!) because I'm not really into showbiz, but I'm a fan of yours because you are just yourself when you blog, and your concerns as a mommy, a wife and a yaya-employer are just so true, sincere and heartfelt. Don't worry, that nasty girl is just a speck against among us who truly support you! We're just right behind you! :)
It's okay, K. My own husband didn't read OK! haha.
DeleteAnd thank you! I don't know why people will expect me to just smile at criticism, maling criticism pa. I don't just sit quietly nodding my head. I really got hurt there =(
Hoy Kat, leave this blog please lang ha.. This is Frances' blog not yours to own :P She can write here anything! Be it as a mother or as writer duh?! Gawa ka ng sariling blog mo para mapagusapan yang gusto mo.
DeleteHi Frances!! here's a FAQ on the law released by the DOLE. I'm still waiting for the IRR as well http://www.bwsc.dole.gov.ph/bwscweb/files/Documents/Documents/Batas-Kasambahay-brochure.pdf
ReplyDeleteThanks, Jenny! What's IRR? Hehe, ignorant and lazy me won't Google. Anyway, DOLE wants to hear from us mommies!!! Hooray. We are a democracy after all =)
Deletehttp://www.gmanetwork.com/news/story/299595/scitech/technology/dole-to-consult-netizens-on-rules-for-kasambahay-law
draft IRR here - http://www.dole.gov.ph/files/Draft%20IRR%20of%20RA%2010361%20as%20of%2014%20March%202013%207pm%20(For%20Discussion).pdf
DeleteImplementing rules and regulations - IRR - rules issued by the agency supposed to implement the law which explains or gives guidance on how to implement the law :D
DeleteExpert commenter is right. Don't be lazy. When you talk about your sons in future posts, dapat merong opinion ni Dr. Child Psychologist, Dr. Child Psychanalyst. When your kids get sick, get the opinion of the best pedia in town, or better yet, the best in their field, i.e. internist, pulmonologist, endocrinologist, etc. You can't just post anything here because it's lazy journalism. LOL. Don't worry Frances. We are still here and we still love you to bits..hugs.
ReplyDeleteThanks, mayumi. I was really affected. I won't deny it or apologize for it. Just because I'm a big girl now doesn't mean I don't get hurt. Thank you!
DeleteHi Frances! IRR means Implementing Rules and Regulations. I highly suggest you mommies take active part in its para consistent na ang interpretation ng lahat sa provisions nung law All clarifications and grey areas in the Kasambahay law can be addressed by this IRR. Good luck!
ReplyDeleteI definitely will! Thanks, Leah! =)
DeleteI'm surprised, yet pleased, by how well you handled such critics, Frances. It's so honest of you to say you are hurt and that you didn't go on all Jacky Chan in defense mechanism. Just like this blog - honest and real. You are your blog, and we thank you that you let us in on your world. Ang hirap kaya mag open up, lalo na sa mga taong hindi mo kakilala! I adore you and your chubby kids. Stay happy! :)
ReplyDeleteLabor Day ngayun at di pumasok si yaya namin. May day off sya ng Sunday and she only work from 7:30-4:00. Nauwi sya evryday. No work no pay ba kung holidays at di pumasok si yaya or with pay p rin? Ehdami ng holidays sa Pilipinas ah...Susmaryosep paano n gagawin ko nyan di rin ako makakapahinga even holidays kasi wala si yaya...
ReplyDeleteHello maam... kasama po ba ang STAY OUT HOUSEHELP sa kasambahay law? you see we have a househelper she stays with us from 9am and leaves around 4pm because she has other work around the neighborhood din po. minsan if she finishes early she can leave agad2x. havent read the law po sa news lang... hope you can help me out. thank u and God bless!
ReplyDeleteYes. Kasama po ang stay-out househelp. Kahit labandera po. Hardinero, etc. Basta nagta-trabaho po para sa inyo (maliban sa family driver), kasama sa babayaran niyo.
DeleteThis is a great post, for both personal blog and professional writing. either way's there's always a critic and I admire how you handle it.
ReplyDeleteThis post is enlightening for parents especially to those that are new in that state. And I am one. Me and my wife are married for 2 years and we just had a baby, now 5 months. We had problems with domestic helper's but it is natural and common. Many had come and go, but there are some worth to retain. I just want to share my case, we tried to go with this Law, abiding as it had been. But going through all of this is not a good thing for us, and I believe it applies to the majority. It is a waste if employees would just quit after a few days or weeks. Not to sound biased but we always give our best on their provisions, compensation & benefits. There are a lot of scenarios but I don't want to go to the details. Moving forward, it occurred to me one day, "freelancing". It was the tradition actually before this Laws came out. No contract, no employment. Simple as 'no work, no pay'. It works for us, and it worked for them. I don't think I am breaking any Laws. As long as there's a mutual understanding on both parties then its a deal. They don't feel deprived and I don't think we are depriving them, they are getting above the required salaries anyway.
Ako rin. I hire freelancers na lang. =) They like it kasi they're paid more. A cleaning lady I hired one day charges P400 a day minimum (depends on how big the house is) and she cleans houses 6 days a week. I wasn't able to get her again kasi she's fully booked! So she earns almost 15K a month daw, much higher than a kasambahay who gets only P2500 minimum.
DeleteHi Frances! I was only able to read the comments from Kat, and you handled that situation admirably. I am a mommy blogger as well, and what some people fail to realize that we write about things as we experience it and we don't claim to be experts. In the case of this issue, when you wrote about it, it prompted me to do research on my own and find out what the other mommies have to say about it. I didn't rely solely on what you said, but instead, saw it as a "my two cents" type of thing, as though we were a group of friends discussing an issue that is relevant to all of us.
ReplyDeleteI love reading your blog, and I love how it's so personal the way you share stories of your sons (who are coincidentally the exact same age as my two kulit bulilits). But I hope all your readers remember that because you share so much of your life with us, it's hard to not get emotionally involved in the blog and any criticism can really hurt. You share your life, your thoughts and your feelings, so for people to put you down for that can be really hurtful.
Keep blogging, Frances! I always look forward to your posts, and your 39,999 other readers do as well. :)
Hi Frances. I recently hired a helper and I am browsing the net to further understand the law and I saw your blog. I share of some of your sentiments. Also, after reading the bill, I realized mas maganda pa nga ang treatment ko with my helper maliban lang dun sa mga SSS/GSIS/Philhealth, which I don't pay before. May agreement kasi kami ng helper na I'll just add sa sahod nya then sya na mag-asikaso pero it never happened dahil she had problems getting the documents. Tama ka na dagdag asikaso rin kasi from our end and I'd rather just be home and do the chores/take care of my kid kaysa pumunta sa mga agencies/banks to file forms, etc. I even allow my helper to go home to the province every Christmas, sometimes to even a month vacation, na sagot ko rin ang gastos nya papunta at pabalik. Maayos din naman ang treatment ko with my helper. She's been with me for 6 years and masaya naman sya dito kung tatanungin. :). I think besides the bill mandated govt benefits we need to pay, this is all just about being humane and making sure we promote healthy environment na hindi rin sila na o-overwork. Sa totoo lang, kung titingnan naman talaga, yung ginagawa nila is dapat tayo ang gumagawa noon, especially the mommies, but it's just really hard lalo na kung kailangan both parents magtrabaho especially sa panahon ngayon.
ReplyDeleteHI FRANCES, VERY INFORMATIVE BLOG, MY BIGGEST PROBLEM IS THIS ---( In the form R-1A, you will be asked for your kasambahay's date of employment. The SSS will require you to pay your kasambahay's contributions starting from the date of employment. Therefore, if you have receipts of payment in previous years, bring your receipts with you so you do not get charged a second time. It is also good to bring your kasambahay with you, in case the SSS wants to interview him/her, to make sure that the payments have been made in the past years.there will be a 3% penalty that will be incurred) --- i have a maid that's been working for us for 3 years and the other one for 4 years!!! there goes our 3 months apartment rental!
ReplyDelete