Kasambahay contract now available in 12 different local languages – DOLE

MANILA – The standard service and recruitment contract between domestic helpers and recruiters in the country have been translated into 12 local languages, Labor Secretary Rosalinda Baldoz said in a news release Wednesday.

In accordance with the Kasambahay Law, Baldoz said labor department’s Bureau of Local Employment caused the translation of both the service and recruitment contracts into Bicolano, Cebuano, Chavacano, Hiligaynon, Ilokano, Kapampangan, Maguindanawon, Meranao, Pangasinense, Filipino (Tagalog), Tausug, and Waray.

“User-friendly documents, such as these contracts, written in plain and easily-understandable language, could cultivate a healthy and dynamic relationship between the employer and employee,” she added.

The translation is mandated in the rules and regulations governing Republic Act 10361, otherwise known as An Act Instituting Policies for the Protection and Welfare of Domestic Workers, or more commonly known as Batas Kasambahay.

The translation, Baldoz explained, allows more kasambahay and employers to become aware of their rights, and thus spared from the hassle — saving time, money, and effort — of ensuring that the legal force and the rights sought to be protected are intact.

“The service contract for kasambahay is a binding covenant that sets the balance for the protection of both employer and household service workers (HSWs). It guarantees a system that affords both parties their own rights when they recruit or hire household service workers (HSWs), and when they accept a job offer from a potential employer,” the labor chief said.

“In effect, the contract puts on record all transactions between both parties. Thus, creating an effective mechanism to back-track on agreements and facilitate the necessary redemption for the aggrieved party,” she explained.

The contract enumerates the responsibilities of the recruiter:

• ensure that the kasambahay is qualified as required by the employer
• secure the best terms and conditions of employment for the kasambahay
• ensure that the employment agreement between the kasambahay and the employer stipulates the terms and conditions of employment and all the benefits in accordance with the IRR
• provide pre-employment orientation debriefing to the kasambahay and the employer about their rights and responsibilities
• ensure that the kasambahay is not charged or required to pay any recruitment or placement fees

The contract also directs recruiters to:

• keep copies of employment contracts and agreements pertaining to recruited kasambahay which shall be made available during inspections, or whenever required by the DOLE or local government officials
• assist the kasambahay in filing complaints and grievances against employers
• cooperate with government agencies in rescue operations involving abused or exploited kasambahay
• assume joint and solidary liability with the employer for payment of wages, wage-related and other benefits, including monthly contribution for SSS, PhilHealth, and Pag-IBIG membership

Recruiters “are also tasked to facilitate the replacement of kasambahay within one month from the day he/she reported for work. The agency must grant the employer a qualified replacement at no additional cost to the employer,” Baldoz explained, adding:

“The employer shall be entitled to a refund of 75 percent of the fees paid to the private employment agency, if the latter failed to provide a qualified replacement after the lapse of one month from receipt of request for replacement.”

The Kasambahay Law is a landmark piece of labor and social legislation that recognizes for the first time domestic workers as similar to those in the formal sector. It is expected to benefit at least 1.9 million domestic workers, such as househelp, nannies, laundrywomen, cooks, and others.

The law fulfills the country’s obligation to enact a national legislation in compliance with the International Labor Organization’s Convention 189 which sets new international standards for the protection of household helpers.

(The translated Kasambahay Service and Recruitments Contracts for Public Recruitment and Placement Agencies are available upon request from the Bureau of Local Employment, with tel. nos. 528-0083/528-0108, offices at 6th Floor, BF Condominium, cor. Solana and Soriano Streets, Intramuros, Manila.) –InterAksyon.com