THE PHILIPPINE DOMESTIC WORKERS LAW AND ITS IMPLEMENTATION Discussed by: MARIA EVELYN LITA P. MANANGAN Chief Labor and Employment Officer Bureau of Workers With Special Concerns (BWSC) Department of Labor and Employment DOLE 10TH ASEAN FORUM ON MIGRANT LABOUR Sofitel Manila, CCP Complex, Roxas Boulevard, Manila 25 October 2017

OUTLINE OF PRESENTATION Republic Act No. 10361: Domestic Workers Act of the Philippines Brief Description Salient Features Implementation Recommendations on Developing a National Policy on Decent Work for Domestic Workers

REPUBLIC ACT NO. 10361 (Domestic Workers Act or Batas Kasambahay) SALIENT FEATURES: It seeks to change the conditions of the domestic workers (kasambahay) by institutionalizing rights similar to the rights of the workers in the formal employment. Specifically, it sets the standards for the terms and conditions of work including the execution of a written employment contract between the employer and the kasambahay. It provides minimum wage; health and safety standards; compulsory coverage to social protection such as SSS, Pag- IBIG, and PhilHealth; adopts the standards for employment of working children and protects them from unjust termination of employment.

REPUBLIC ACT NO. 10361 (Domestic Workers Act or Batas Kasambahay) SALIENT FEATURES: It requires employers to register their domestic workers in the barangay and regulates their employment by Private Employment Agencies (PEAs). It directs certain government agencies to provide specific services.

IMPLEMENTATION: An Inter-Agency Approach The implementation of the Philippine Domestic Workers Law is not tied to a single office. Aside from DOLE, other government agencies are duty bound to implement certain provisions of the law, all for the development and protection of domestic workers.

Areas of Concerns and Lead Agencies/Stakeholders Compliance with Labor Standards (BWC) Safety and Health Standards (OSHC/DOLE ROs) Licensing and Regulation of Private Employment Agencies (BLE) National Certificate (NCII) on household services customized for local hired kasambahays (TESDA) Adjustment of the monthly minimum wage rates for kasambahay (NWPC) Information dissemination on the provisions of the IRR (IPS/DOLE ROs) Designation of Kasambahay Desk Officers in all ROS (DOLEROs) Oversight on the implementation of the law thru TIPC (DOLE/Labor-Management Rep, House of Representatives and Senate) Social Protection/Unified Registration System (URS) (SSS, PhilHealth, Pag-IBIG) Barangay Registration (DILG, HLURB) Rescue and Rehabilitation of Abused Kasambahay (DSWD, DILG, DOLE ROs PNP, NBI) Dispute Settlement (DOLE ROs/NCMB) Capacity Building (BLE,LGU-PESO, ) (HRDS, BLR,NCMB) Advocacy and Inputs to Policy Development (Trade Unions, Workers’ Organizations, Employers’ Groups, CSOs)

Decent Work for Domestic Workers IMPLEMENTATION: Labor-Related Concerns National Wages and Productivity Commission (NWPC) Occupational Safety and Health Center (OSHC) Bureau of Workers with Special Concerns (BWSC) Bureau of Working Conditions (BWC) Bureau of Local Employment (BLE) National Conciliation and Mediation Board (NCMB) Information and Publication Service (IPS) International Labor Affairs Bureau (ILAB) Department of Labor and Employment (DOLE) Responsible for implementing all the labor-related provisions of the law. Decent Work for Domestic Workers Regional Offices (ROs)

IMPLEMENTATION: Registration DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT Through its National Barangay Operations Office (NBOO), the DILG is responsible for the registration of domestic workers in the barangay. The HLURB, as the lead agency in the provision of technical assistance to local government units in the preparation of comprehensive land use plans; regulation of housing, land development and homeowners association; and adjudications of disputes related thereto, is committed to deliver its services with competence and integrity in order to satisfy its stakeholder. HOUSING AND LAND USE REGULATORY BOARD Ensures the registration of the members of homeowners’ associations, to enroll themselves as employers and their respective kasambahay to the barangay.

IMPLEMENTATION: Social Protection and Other Benefits The registration of a Domestic Workers under the following Social Protection Agencies ensure their added protection and security. Social Security System (SSS) Sickness, maternity, disability, retirement, death, and Funeral benefits. Philippine Health Insurance Corporation (PhilHealth) Unified benefit package including Inpatient Hospital Care and Outpatient Care. Home Development Mutual Fund (Pag-IBIG Fund) Loan privileges.

IMPLEMENTATION: Training and Development TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY (TESDA) Ensures access of domestic workers to efficient training, assessment, and certification based on a duly promulgated training regulation. DEPARTMENT OF EDUCATION (DepEd) Ensures continued access of the domestic worker to alternative learning system education.

Rescue and Rehabilitation of Abused Kasambahay IMPLEMENTATION: Rescue and Rehabilitation of Abused Kasambahay Through the joint efforts of the following government agencies, Joint Memorandum Circular 2015-002 (Protocol on the Rescue and Rehabilitation of Abused Kasambahay) was issued. The Protocol lays down the procedure as well as the individual responsibilities of the said agencies in rescuing and rehabilitating domestic workers which were reported to have been abused by their employers. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG) DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) PHILIPPINE NATIONAL POLICE (PNP) NATIONAL BUREAU OF INVESTIGATION (NBI)

IMPLEMENTATION: Other Stakeholders Trade Unions, Workers’ Organizations, NGOs/CSOs, Employers’ Groups Responsible for the continued awareness raising and advocacy work to promote and protect the welfare and interests of domestic workers as well as providing inputs to policy development. Achievements and Ways Forward: Trade Unions and Workers’ Organizations Increased level of organization of Domestic Workers [from one (1) prior to ILO C189 to three (3)] Action Programme on Domestic Work Plan to create a National Federation of Domestic Workers Unions Employers’ Groups To do a compensation survey for Domestic Workers

Ratification of ILO C189 Top Level Support RECOMMENDATIONS ON DEVELOPING A NATIONAL POLICY ON DECENT WORK FOR DOMESTIC WORKERS Ratification of ILO C189 Pursued through a strong political will, influenced by the efforts of different stakeholders Top Level Support Executive and Legislative Branches of Government Coalition building and advocacies through multi- stakeholders engagement (Coalition TWG: DWs Association, Unions, Employer’s Confederation, CSO/NGO Advocates, Government Agencies, ILO) Intensive Lobby Work

Ceremonial Signing of the Joint Memorandum Circular 2015-002: Protocol on Rescue and Rehabilitation of Abused Kasambahay DOLE Secretary Rosalinda Dimapilis-Baldoz together with DSWD Undersecretary Parisha H. Taradji, DILG Director Leocadio T. Trovela, NBI Deputy Director Atty. Edward Villarta and PNP Deputy Director Maria Asuncion Placino sign the Joint Memorandum Circular on Protocol on the Rescue and Rehabilitation of Abused Kasambahay.

Advocacy Activity with Tripartite Partners: Kasambahay Day

Kasambahay Desk Officers in Action The Kasambahay Desk Officers of different DOLE Regional Offices attend to the requests for assistance of clients.

Thank you! Bureau of Workers with Special Concerns DEPARTMENT OF LABOR AND EMPLOYMENT