‘Kasambahay’ Law a tool for abuse PDF Print E-mail
Tuesday, 08 September 2015 11:28

Table Talk

BY Mike S Apostol

Many will not believe me, especially those who are so dependent on their house helpers and cannot live without them or are afraid to lose their job because they cannot report for work, and do the chores at home either to take care of their babies or simply do the daily household chores. This is absurd, because household helpers tend to abuse their new-found freedom and abuse the privileges of their host. A “yaya” or baby sitter or “mayordoma” of  a child, paid according to law, must follow rules of a house they must also extend help in household chores while the baby is still sleeping and not act like boarders, leaving all the household chores to the family that accomodates them for a salary, even if they are so important to the daily care of the child , as their job responsibility. This is the complaint of many families who availed of the help of of those helpers or “Kasambahay”, who are paid according to law.

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Senator Kiko Panganiban, author of the Kasasambahay Law forgot a provision for the protection of “Kasambahay” employers, because his law only protects the interest of “kasambahays”, not knowing that it is subject to abuse, by household helpers who complain on the slightest mistake of their employers and take them as “human rights violation.” This is an onerous situation, where the employer is at the mercy of the “kasambahays” who think that they are so important and that if they resign, the employer is helpless. The law must be fair to both, employer and employee.

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Take the case of retired parents, senior citizens and sick whose children are staying with them, with a child that needs care which their parents cannot provide because they are having a full time job. The “yaya” takes the role of parents while they are at work and they just perform that responsibility and to “hell” with the domestic chores. They wake up when the baby is awake, normally almost midday, and while the parents go to work, and meantime the senior citizen parents of their employer is awake at down cooking the meals and cleaning the house while the “kasambahay” is fast asleep and wakes up only to eat her meal. And if she cooks, only for the child she is taking care of, because that is her only responsibility. Worst, the dishes are left in the sink for the sick mother to wash and clean. This is unfair, but the senior citizens cannot do anything, because the “Law” says so.

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This case is happening not to all households,  but majority are experiencing the anathema.  Perhaps, the problem starts at the first day of job, when the employer did not explicitly explain their job responsibility, but. at any rate, the “Kasambahay” should know that there are house rules to follow and the employer must explain that to their helpers, if they respect and love their senior and retired parents who have a few years with them. Their parents who took care of them until they can now stand on their own, should be given rest. They did their responsibility and prepared them to face the world. It is their turn to tell those that they employed to help their old  parents, due respect and assist them in any way. Some children are just incorrigible and heartless and some parents too, are over protective and a martyr, who are not willing to teach their children to face the rigors of the world, that the “Kasambahay Law” cannot do anything. This is not only absurd but  against the norms of society. In highly industrialized and literate countries like America and Europe, parents, after performing their responsibility to their children, send them out to face the world and learn the complexity of life. Parental love can be expressed in many ways and one of them is, the freedom and independence to do a their thing. But, respect must be there until the last day of their parents’ existence.

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Scoop: How many retired and senior citizens are experiencing this anathema? Many will hide the truth and keep the pain unto themselves. This is hypocrisy, the worst trait that could endanger the whole family, Agree or disagree and don’t blame those that tell the truth, it will not set you free.