Senator Lito Lapid has proposed amendments to Republic Act (R.A.) No. 10361, also known as the “Batas Kasambahay,” to establish greater responsibility and accountability from private employment agencies (PEAs) in the employment of domestic helpers.
The “Batas Kasambahay” governs the rights and liabilities of domestic workers and their employers, including the standard requirements that PEAs must impose on applicants seeking employment as domestic helpers, such as a medical or health certificate issued by a local government health officer, barangay and police clearance, National Bureau of Investigation clearance, and a duly authenticated birth certificate or any other document showing the worker’s age.
However, Lapid believes that mere submission of these standard requirements is not sufficient to protect those who paid for the services of the PEAs.
Thus, the veteran legislator filed Senate Bill No. 1811, proposing amendments to the “Batas Kasambahay” to safeguard the employers and their families against those who might use the PEAs in the execution of their criminal intentions through the imposition of greater responsibility and accountability from PEAs.
“Ang pagsusumite lamang ng mga pamantayang kinakailangan na ito ay hindi sapat upang protektahan ang mga kumukuha ng serbisyo ng mga PEA.”
“Ang pagsusumite lamang ng mga pamantayang kinakailangan na ito ay hindi sapat upang protektahan ang mga kumukuha ng serbisyo ng mga PEA. Ang layunin nitong ating inihaing panukalang batas ay maprotektahan ang mga employer at ang kanilang mga pamilya sa loob ng kanilang tirahan laban sa mga maaaring gumamit ng mga PEA sa mga posibleng kriminal na intensyon,” the seasoned lawmaker stressed.
The senator’s proposed amendments also hold PEAs jointly and severally liable with the employer for all wages, wage-related benefits, and other benefits due to domestic workers.
Under SB No. 1811, PEAs will also have more responsibilities, including conducting background checks and verifying the identity and personal circumstances of the domestic helpers through relevant documents.
“Layunin rin nitong S.B. No. 1811 na panagutin ang mga PEA at tiyaking magsasagawa sila ng masigasig na pagsusuri sa background at aktuwal na pag-verify ng pagkakakilanlan at background ng pamilya ng domestic helper.”
“Layunin rin nitong S.B. No. 1811 na panagutin ang mga PEA at tiyaking magsasagawa sila ng masigasig na pagsusuri sa background at aktuwal na pag-verify ng pagkakakilanlan at background ng pamilya ng domestic helper, gayundin matiyak na sila ay hindi sisingilin ng anumang recruitment o placement fee,” he expressed.
Additionally, PEAs will be responsible for providing a pre-employment orientation briefing to the domestic worker and employer about their rights and responsibilities under the “Batas Kasambahay”.
They will also be required to keep copies of employment contracts and agreements pertaining to recruited domestic workers, which must be made available during inspections or whenever required by the Department of Labor and Employment or local government officials.
The proposed amendments under SB No. 1811 will also require PEAs to assist domestic workers with complaints or grievances against their employers and cooperate with government agencies in rescue operations involving abused or exploited domestic workers.
Lapid believes that these changes will provide greater protection for both domestic helpers and their employers, and will help prevent criminal acts in households where domestic helpers are employed.
Senate Bill No. 1811 is currently pending review and approval by the Senate.
