Employment and occupation are crucial to ensuring equal opportunities for all and in large measure contribute to the full participation of citizens in economic, social and ultra of life.
However, many cases of discrimination have been identified in the field of employment and the labor market. (Directive, 2000) So here in the Philippines, government ensures that there’ll always be fair treatment in the field of employment for all Filipinos as well as their rights, salaries and wages. Employees big or small companies or businesses used to enjoy their comprehensive package of benefits provided by the law such as ASS, Philately etc.
The Chambray Law or Domestic Workers Act is expected to benefit the estimated number of household (or domestic) errors in the Philippines ranges from 600,000 to 2. M. (ILL, 2004)
The Chambray Law or Republic Act 10361 ushering in new rules in the employment of household help. This includes a minimum wage of payable in cash for all household service workers as well as the provision to entitle to 13th month pay, service incentives and leaves under the law. Under this law, benefits should include contributions to Social Security System (ASS), housing fund, Page-lbs. And the Philippine Health Insurance Soot By Bequeath economic abuse of workers. The law obviously is intended to protect house workers in being exploited or from harm.
Significance of the Law The Chambray
Law aims to improve the plight of the millions of house helps across the nation by establishing sweeping measures affecting several aspects of their employment. These measures include mandated benefits, occupational
standards and a minimum wage. (Official Gazette of the Philippines RA 10361, 2013) According to Labor Secretary Roseland Bald, the law is a piece of labor and social legislation that recognizes domestic workers as similar to those in formal sector.
In addition to that, the purpose of the law is to not only protect substantial rights and provide utter privileges, but also to prepare domestic workers to become more productive citizens of the land. People especially lawmakers know that the domestic workers in this country have long been waiting for this law because this would guarantee them decent working conditions, fair compensations and sufficient benefits. And the principal author of this law, Senator Loren Legendary believes Chambray’s should be treated workers, not servants.
This law is important considering the rules and regulations about it. The law provides grounds to protect both the employers and employees. Through the contract between employer and employee, they have to bide what were stated there and if any case of non-compliance of either by the two of them, they will suffer consequences. It makes the domestic workers feel that they are being recognized and valued because their contribution to the engine of the economy. Through the mandatory membership and contributions in Philately and Page-lbs., aside from ASS, householders are given wider social protections.
The goal of this new law is benefit the households with their social rights and to prevail the minimum wages that they deserve because of the degree of their services that they used to render to their employers. This law will surely benefit the 2. 5 million estimated members of household helpers especially because of their Just compensations. Aside from what has been said above, its goal is to formalize transactions between employers and workers with the law that mandating an employment contract, pay slips and even a certificate of employment.
Moreover, it is important to bind both the employer and domestic worker and make them aware their social responsibilities to each other. According to the ILL COCA, household workers should be given reasonable working hours, weekly rest of at least 24 institutive hours, clear information on terms and condition of employment, as well as respect for fundamental principles, including freedom of association the right to collective bargaining. So this Chambray Law serves as the country’s compliance mechanism to the International Labor Organization’s (ILL) Domestic Working Convention. C 189)
The law guarantees equal opportunity for the domestic workers for they will enjoy the benefits of other formal professions. This law is one way of showing to all works. As what is stated in the law, the word “Chambray” shall be used from now n and they should never be called as “cataloguing”. The law is uplifting the dignity of them and in line with this, it becomes a clear yardstick for equality in the country. The law provides the concept of respect for everyone and eliminates discrimination among professionals and non-professionals occupations.
Aside from the extrinsic benefits that the law provides, it will serve as an intrinsic motivations for those domestic workers. They will be encouraged to do more and work harder for they are being paid fairly in proportions of their efforts given to their words. Moreover, the law provides security to employees. Maltreatment and inhumane doings of some employers could be avoided and there’ll always be Just CE for them. The law is fairly recognizes the human rights of all individuals. Its compliance to International Labor Organization is one of the strengths of the law has, that was accomplished.
Though the law is being created for the benefits of the employees, it brings a biased concept in the part of employers knowing that most of them belong in the middle – class households. This matter would probably result in decreasing level of households employment. Moreover, while it was grounded on good intentions, it Anton be a hundred percent assurance that it can improve the plight of the millions domestic workers. In short, above all those significant purposes of the law, it bears weakness because of disincentives to the part of employers.
Considering the fact that most domestic workers belong to the poorest of the poor, hence they were not able to finish their education, then they will find it sophisticated to know if their employers actually complied with the imposed law made for them. Until now, it’s still unclear if all the Chambray here in the Philippines are already aware about the content of he law. In most cases, they only know few things about it that favors them but don’t know that in return, they have also responsibilities that should be followed.
It’s typically the normal situation, the lack of knowledge about the law that results to lack of opportunity to produce its desired results. Since no monitoring by concerned government agencies can be done because the work of the Chambray is hidden view, it is more likely questionable if that certain law is being practiced in every household. It is unclear whether the employers welcome the new law for the Chambray or not. With this matter, it might be another weakness of the law because it is written and considered as a law but it has an incomplete assurance if it is being abided by everyone.
RA 10361 grants opportunities that provide the basic necessities of the Chambray such as at least 3 adequateness a day, sleeping arrangements that ensure safety and rest days. With these rules, it can create productive workers. It empowers the minds and conditions of the domestic workers to strive their best and love their Jobs for they are being motivated by the law that inspires them and proves to them that they ivies for all those Chambray who usually dismayed with their salaries but still holding on to their small salaries because they really need to earn money for their living.
Since Chambray law is created, it would benefit them a lot. Also, the law gives right to education and training of the domestic workers. The employer shall afford the domestic workers the opportunity to finish basic education and may allow access to learning systems and as far as practicable, higher education or technical and vocational training. Aside from that, it provides right for domestic workers to access outside communication during free time. They can make of the employer’s telephone or other communication faculties, the cost shall be borne by the domestic worker, unless such charges are waived by the employer.
Since Chambray law added costs to employers because they are required to enroll their employees in ASS and other social benefits, it threatens the affordability of hiring Chambray for most middle-income employers who are mere employees too in their works. This could not only increase shore-run employment but also robs the opportunity of low-skilled workers to generate Jobs . The intention of the law is to uplift the benefits of domestic workers but it can cause loss of employment due to required fees that some employers could practically decide not to hire household now.
Furthermore, the law will likely be welcomed only by households that earn big and capable of meeting its requirements. According to Mercedes Sullies, she wonders if the employers are happy with the author of the law, which constitutes a heavy burden on then. Meaning, there’s a threat that the imposed law may not fully implemented because employers have their own Judgments and stand regarding the ewe law though it is mandated. In addition, there are still some spots of argument if this law is boon, which frequently makes employers feel unhappy.
For there’s a lot of written complains through posting articles in newspapers and online about their stands about the law. It is said that it’s hard to complied with the law for it includes more disadvantages than positive effects in the lives of millions of domestic workers.
The Chambray Law should be fair both the Chambray master of the house help and household. A one sided Chambray Law that benefits the house help but imposes unrealistic burdens upon the employer might result in fewer Jobs. The master of the house also has to bear some cost realities and that limits what can be afforded for the hiring of Chambray.
First of all, the author of the law shout had been considered how this will impact on the middle class because they would logically be the biggest numbers of Chambray employers. But since it is now a law and mandatory, it’s better to suggest that there should be an amendment for this law to consider the voice of other people that would be greatly affected by the law. Aside room that, to take into account the level of awareness of the people about the existing law and cope with this weakness, the government must conduct campaigns that would reach the mind of the people and help them know the content of the law.
They their company to the level of intelligence of the people. In addition, there must be a genuine understanding of the law for both employers and employees.
One more weakness that the law covers is the inadequate knowledge of the government of the employers really complied with the law. With this matter, they should take consideration to make some efforts of random inspection for random households and ask for the personal experience of the Chambray regarding the implementation of the law. The law threats the level of employment for domestic workers because of added cost that would result to disobedience of the employers.
With this matter, upon creating the law, the lawmakers should be considerable for both parties. Since it has been passed and considered as a law now, there must be amendment that should be added or removed in the content of the law. In addition, it is said that the law may not likely be welcomed by all households. In remedy, there must be a clear explanation why this law was made. There must be a provided information that would enlighten the mind of the people especially of the employers for they believe that they are the ones who suffer from this law.
By amending the law, it should grant equal opportunities for both employers and employees. Only by then, the threat may be removed and be replaced by the supports of the employers. Also, there must be a remedy to cope with the problems about miscalculated affordability of the employers. The government should take a glance first about the economical status before imposing the law. Boon or Bane? This is questionable thing about the law cause it provides argument upon the people for it is said that it is not sure if it is boon for domestic workers and definitely a bane in the part of employers.
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