The mere thought of blogging about this Kasambahay Law makes me tired already. This is not a pleasant post but I feel I have to do this to help protect good-meaning employers from bad maids.
The law always favors the worker. They always presume that workers are api. I am an employer, but there have been many times that I felt api, too. The government protects the maids. Who protects the employers? No one, just yourself.
My friend May, from Ayala Alabang, employed a cook for 6 months paying her P10,000 a month. She frequently hosts dinners for small group of people. When the cook left, she went to DOLE and filed a complaint against May for not paying her overtime. The case was dismissed.
Then she went to SSS and Philhealth to complain that she didn’t have SSS. She also went to the courts and filed a case against May. May’s lawyer is currently handling the situation.
May found out that the former cook had done that before to another employer. That is her modus operandi. According to May, she has found a job in Corinthian Gardens.
The village head security told me there was one incident when a maid left in perfect health and condition. She went to the police station and to Tulfo with a bruise. To avoid scandal, the former employers succumbed into giving her money.
I was advised by the village head security to make the domestic workers sign a simple letter before they leave our house. Before you issue them their gate passes.
I am posting this in case you encounter the same situation. You may revise as you please, but the letter must contain the very essence:
Ako ay si ____(name of your maid/driver/worker) ,
galing sa _______________Employment Agency, (or her address– but we know they give inaccurate addresses)
Ako ay namasukan sa tahanan nila __________________________ bilang ___________(cook, lava, etc,), buhat _________( employment period) at may sahod na___________________.
Aking pinatutunayan na ako ay aalis sa tahanan nila Mr. & Mrs. (Your name) sa (your address where the maid had stayed),
na bayad ng buo ang aking lahat ng sahod,
ako ay nasa mabuting kalagayan, walang sugat o galos,
dala ko lahat ng aking mga personal na kagamitan,
Wala akong reklamo sa pamilya nila Mr. & Mrs._______________.
Ako ay nagpapasalamat sa magandang trato nila sa akin.
Walang pumilit sa akin na pirmahan ito.
Lagda (Signature)
________________________
.
