Wednesday, October 22, 2014

7 Keys To Protect Your Online Human Endeavor


              I can’t help but to share which to me significant information vis-à-vis Information Age re using your credit card number and so with your Social Security number over the phone.

               Item number one to consider invest a shredder. Why? This is to make it sure that any receipt or statement as to your personal circumstances should be shredded.

               Worth of note is the fact that many of the so-called identity theft occurs online or shall we called it cyber theft…hence, be smart when you’re in your computer (connected online/WiFi), and here some basic tips so to speak to remember:

  1. Only use your own computer/laptop to do your business transaction such as doing  your online stock trading or any other personal financial affairs.

2. Please bear to remember not to use public library; it is suggested not to use your laptop on the free wireless network such as in the coffee shop or any establishment having a WiFi zone.

3. Don’t click on pup-ups. (if you want to know why, yes you can Google the same for further details, OK)
                   
4. Always and do it always to log off as soon as you ended up/finished your online financial transaction such as online banking or credit card  business deal.

5. Don’t download anything unless you are sure that the same is safe, and the site has been verified.

6. Make a so-called exceptionally ingenious password (obvious reason)

7. Make it a deal to yourself to have your unit run with antivirus and/or security software, and only your trusted technician will do it.

Be ProActive and Smart Online….

                  Do you have your cyber security tips to share? Please feel free to write at the box below...


Jay Tan Finance Hub  

Friday, April 18, 2014

Filipino Domestic Workers Law Institutionalize

Photo Credit untvweb.com

I am motivated to upload it here in our hub with the sole purpose of informing you more about Batas Kasamabahay here in our beloved Philippines.

First, to inform you that the line agency who handled the jurisdiction as to rules and regulations is no other than Department of Labor and Employment (DOLE). Bare to note that a Kasamabahay defines as a person engage in domestic work.

Moreover, the employment relationship is likened to a household, nursemaid or Yaya, cook, gardener, or stay in laundry person.

For informational purposes only, it is best to remember year ago when the said law came into being, the same institutionalized the basic rights of domestic worker as to the salary, rest period, service incentive leave, 13th month pay and social security benefits enshrined by law.

Note well that these are reflected in the implementing rules-procedure. What about you do you have a friend over here in the Philippines who tendered some sort of domestic works? If so, kindly tell the said fellow that under the Kasambahay Act with its implementing rules-procedure, a Kasambahay:

               1. Must be be afforded the opportunity to finish basic education, which shall consist of elementary and secondary education; 

               2. The Kasambahay Act with its implementing rules-procedure mandates the Technical Education and Skills Development Authority (TESDA) to facilitate access of a Kasambahay to efficient training on technical-vocational education, and to coordinate with the National Wages and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Boards (RTWPBs) to develop a skill/competency-based pay system.

               3. Recognizing the vulnerability of domestic workers to different forms of abuse, the IRR establishes a mechanism for the rescue and rehabilitation of an abused.

              4. For the recovery and rehabilitation of an abused Kasambahay, the implementing rules-procedure mandates that he/she be provided with a temporary shelter, counseling, free legal services, medical or psychological services, livelihood and skills training, and other relevant services as may be necessary.

Anchored on the aforementioned support and protection elements, Kasambahay's implementing rules-procedure creates a rescue team composed of the following officials:

               (a) the municipal or city social welfare officer;

               (b) the concerned barangay officials, and

               (c) a proper law enforcement personnel.

Worthy of note that he rescue team must immediately respond to any report of abuse, and ensure the full protection of the rights of the rescued Kasamabahay while under its control and custody. 

And here is the beauty because the Kasambahay Law directs the parties to execute a written employment contract before the commencement of the service of a Kasambahay. The contract must be in a language or dialect understood by both the Kasambahay and the employer.

Make it simple because a long and tedious contract is not only painstaking to read but it boils into nothing.

Important things to be indicated in the contract are as follows:

          1. The Contract should be written in Filipino or regional dialect such as Cebuano, Ilonggo, Ilocano and or those dialect best understood by the parties customary used.

         2. Contains provisions relating to the Kasambahay’s duties and responsibilities, rest days and leaves, and compensation and benefits among others.

        3. Be sure that the contract must contain spaces for signature witnesses/parties.

Importantly, as put in the implementing rules-procedure, either party may request the Punong Barangay or his/her designated officer to read and explain the content of the contracts and to serve as witness thereon.

That is why if you're reading this and one of your friends or your relatives thinking to work temporary as Kasamabahay, kindly please give it a shout for him/her as to the rights on Kasamabahay.

What about you do you have tidings to share as to rights of Kasambahay? Please share over here at the box provided for humanity, and feel the good karma circulating to land in your domain.

All the best in us to shine, and let us ExecuteDifferently!

Jay Maghuyop Tan

P.S. My only request from your end if you find this post endowed with sense and usefulness, can you share so that others will know also. Maraming Salamat...


Monday, April 14, 2014

Why Jay Maghuyop Tan is Happy with SWA-Team Manny Viloria's Profitable Blogging


Do you believe that people come into our lives for a reason?

Some had experienced a relationship in just a short  and occur for a very specific reason. Sometimes they come and then go away forever. 

But in my end, and in all honesty when I met SWA-Team Manny Viloria with a reason and in a season for a lifetime digital engagement...do you know why? 

Mainly because as the way I assessed the same is that SWA-Team Manny Viloria's aim is to raise up a new generation of successful young people who take charge of their lives, live their dreams, and eventually, contribute back to society. 

Simply to indicate, allow me to share my happy engagement with the team. That was end part of 2011 when I stumbled the digital hub of www.viloria.net and thereat I enjoyed exploring the wealth of information as to online marketing up to virtual assistant module. Back and forth, the same site was then my favorite hangout...  

Back then, I am fascinated with how the online vis-a-vis Internet operates as to providing best implication to the lives of man. Since I have the liberty of time with struggled financially, I search more on the maze interaction of online/digital domain, which later I prefer to called it as “virtual world”. 

Why SWA-Team Manny Viloria?

It was Manny Viloria who answered my digital queries; such as how to blog....Profitable Blogging also I indulged the Supreme Wealth Library, and started my journey to amass desired information and/or knowledge over the 2100 eBooks.

I enjoyed much on the eBooks, BUT the other side the free tutorial shared by Team Manny Viloria as to blogging... that instead paying the same I got it for FREE... hence, this blog you are reading now! Whereupon it boost my confidence as I read more from the aforementioned eBooks.  

Also there is an Online Marketing Training offered to members of Team Manny Viloria (TMV). 
The TMV Training teaches people the following: 

       • How to build your Name first (through blogging), then your business second

       • How to market your product in social media sites

       • How to have online salespersons that automatically market your business for
you

       • How to use your mind to attract success

       • How to expand your network of supporters online

       • How to properly communicate with your warm market (people you
personally know)

       • How to harness the power of your online presence to attract even people
who do not personally know you.

In addition, TMV members also get the following benefits:

       • Automatic promotion of your SWA Ultimate referral link (via rotation on a
Team Website)

       • “Blogging Done For You Service” based on your bullet list of key bits of
information, the TMV writers will product a 100-word blog post for you.

Maximum of 1 blog per week. Maximum of 30 blog posts in total.

      • Promotion of your blog. Your blog will be featured online using internet
promotion tactics employed by TMV techies and e-marketers. In other words,
you gain more exposure.  

A year elapsed, my blog reached to 12, 000 page views [as of 15 April 2014], and why I have to share it vocally as my blog's page views because the same is material to my end. And to tell you frankly with all honesty never ever I applied SEO since I don't know about it, still this blog able to crawl organically, and I am happy about it. 

I shared this little success and celebrate the same to like minded people like you! And to tell you that I keep away from people who try to belittle our ambitions. As don't play with pigs because you'll get with mud...henceforth, surround only those dreamers with goal oriented fellow who don't afraid to take the ultimate risk. 

To reiterate, SWA-Team Manny Viloria came in to my life with a reason in time I search my passion anchored on the belief that the exponential effect of having successful young people sharing their knowledge and wealth of wisdom can positively Change The Economic Future Of The World. 

Because of the aforementioned eBooks my mindset gradually transformed into becoming less reactive instead standing in a higher plain vis-a-vis ProActive MindSet a Journey to FinancialFEAST. As to say the least, Educational Empowerment Road to FinancialFEAST. 

However, the engagement with the Team as I called it lasted till now and with greater development. Fact reveals that Manny Viloria is a big brother, a friend and above all a Mentor, you know why? Because in simple terms, he'll guide you in with his smart and intelligent advice:

            “ Invest in yourself otherwise others will in invest in you” 

            “ Build your name first, business second”

Though simple statements yet if you seriously decode it, the same will give/provide significant impact in your online endeavor. 

In my end, invest in yourself with knowledge to grow yourself so that when opportunities come in you're prepared as the adage would like to say: “ When the pupil is ready, the teacher will appear"~~Plato. 

I am happy with my Team Manny Viloria with SWA eLibrary on the fact of their commitment, and the way I assessed is that their willingness to focus on others---to your end provided further that you're teachable/coachable. 

I am thankful for your time to visit digital hub, my only tips for you as to the opportunity appears, ask your very self these two questions:

1. What is the worst case scenario?

2. If the worst happens, can I handle it?

If the answer to the second question is a “YES”, then grab that opportunity. 

With the aforementioned opportunity in hand, you need to move on the next level which more often shared by those ahead of us is to look for a mentor. A mentor who has already done what you want to do and learn from them. 

According to one of the successful entrepreneur, to get a mentor you should offer something of value to him/her first to convince them to mentor you. { I did it too, and to tell you it is effective... later after I will write a blog post centering on this issue]

Strategically speaking, if you can offer a special project endeavor and/or proposal which in the end can deliver-add value to him/her in certain respect may open to mentoring you. 

And so expect that with due harmonious cooperation the same will lead to another ladder of entrepreneurial engagement where there is greater involvement from both parties. 

With ProActive stand, you can move higher and faster with safe arrival from project to project until such time you eventually become business partner.  

What about you? Do you have something which you think you share over there that can add value to us here, and please don't forget to share it here at the box below....

“You can conquer almost any fear if you will only make up your mind to do so. For remember, fear doesn't exist anywhere except in the mind~~Dale Carnegie

ExecuteDifferently!

Jay Maghuyop Tan

P.S. I am sure that the road to liberty is not smooth, hence, setbacks is imminent, and yes, there will be struggles. However, if you keep on going in spite of your fear who will become the leaders of tomorrow. 

P.S. As I read in one book while the author is passionate to say that "don't wait until everything is just fight and/or smooth. It will never be perfect. There will always be challenge, obstacle, and less than perfect conditions. 

P.S. So what? Get started now. With each step you take, you will grow stronger and stronger, more and more skilled , more and more self-confident, and more and more successful.

P.S. I have here something of everything, a video made by My Mentor Manny Viloria as to how to increase your CashFlow using the Internet.



Sunday, February 9, 2014

How To Avail of Parental Leave for a Solo Parent in the Philippines


Do you know that you can avail of this privilege? So long as you’re qualified! As surveyed majority of the Filipinos don’t mind to get importance on this matter. Maybe due to lack of information and/or knowledge, hence, I am here in my humble means of bridging that gap.

If you won’t help in disseminating this information of value to the majority, this is nothing but a useless law.

Why? This is because the majority of our kababayan failed to avail the import benefits of the same.

So you can share in all aspect of dissemination availing the latest trend of the tools of information age vis-à-vis Social Media.

First, let us deal with the net significance of this mentioned law otherwise known as Solo Parent Law. That aside from enjoying the virtual benefits of consumer goods discount, one also can avail of so-called parental leave of seven (7) days.

To note, the leave mentioned should be with full pay every year, this is separate and in addition to leave privileges under existing laws, to solo parents.  

Worth of note, parental leave for solo parents is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to:

1. Giving birth as a result of rape or, as used by the law, other crimes against chastity;
2. Death of spouse;

3. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

4. Physical and/or mental incapacity of spouse as certified by a public medical practitioner;

5. Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she is entrusted with the custody of the children;

6. Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided, that he/she is entrusted with the custody of the children;

7. Abandonment of spouse for at least one (1) year;

8. Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution;

9. Any other person who solely provides parental care and support to a child or children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and

10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.

And maybe you will a naïve query as to how to get the privilege benefits of a solo parent? So here you will get some relevant information.



Relatedly, as the law provides that for one to be entitled to get the privileges of leave, the following are material information:

1.   A solo parent employee should have rendered at least one (1) year of service, whether continuous or broken.

2.   The employee should notify his or her employer that he or she will avail of the leave within a reasonable period of time; and

3.   The solo parent employee must present to the employer his or her Solo Parent Identification Card.

The aforementioned card which may be obtained from the Department of Social Welfare and Development (DSWD) located in the city/municipality where the employee resides.

In the event that the parental leave is not availed of, it shall not be convertible to cash.

This is how to avail of parental leave for solo parent in the Philippines. And I dearly hope this will be made known to the entire majority of solo parent in the Philippines.

This is written and the same posted in this media because I believe it will help you, and to those of your friends and relatives who virtually need this information to avail of the sound implication of the Solo Parent Act.

But the focal point also because I want it to spread and help as many Kababayan as possible. For it to accomplish my ardent sharing purpose, I need people like you to spread this information. Maybe the DSWD will recognize you is immaterial I know.

Got any Questions?

Feel free to ask me any questions in the comment box below! Also, if you’ve had any experience and/or knowledge with the topic, please share your thoughts and suggestions.

Best of all…




Sunday, January 26, 2014

What You Need to Know About the Domestic Workers Act or Batas Kasambahay

I uploaded in here the very law on Kasambahay for your information and further guidance. And to note, the aforesaid law is in accord with the constitutional provision which says afford for protection to labor. Hence, this Domestic Workers Law.

Significantly, mentioned sort of a tag line: More than Jobs! It's decent jobs.

                                         Photo Credit: negroschonicle.com

Source of Uploaded Info: Department of Labor and Employment (DOLE)

X-----------------------------------------------------/

PART 1. BACKGROUND 
1. What is Republic Act No. 10361?
Republic Act No. 10361 is an Act Instituting Policies for the Protection and Welfare of Domestic Workers, otherwise known as ‘Domestic Workers Act’ or ‘Batas Kasambahay.’

2. When was it signed into law?
It was signed by President Benigno S. Aquino III on 18 January 2013.

3. When did the law become enforceable?
The law became enforceable on 04 June 2013 or fifteen (15) days after the publication of its Implementing Rules and Regulations (IRR) on 19 May 2013 in The Philippine Star and the Manila Times.

4. What is the significance of the passage of the law?
The law is a landmark piece of labor and social legislation that recognizes for the first time domestic workers as similar to those in the formal sector. It strengthens respect, protection, and promotion of the rights and welfare of domestic workers or kasambahay.

5. How long did it take the Congress to pass the law?
It took sixteen (16) years for Congress to pass the Kasambahay Law or Magna Carta for Domestic Workers.
The last legislation passed in Congress was in 1993 or nineteen (19) years ago. This was Republic Act No. 7655, or An Act Increasing the Minimum Wage of Househelpers.

6. Under the present administration, what initiatives have been taken to fast-track the passage of the law?
The President, in his first SONA in 2010, called for a legislation to benefit household workers. Bills were immediately filed in both houses of Congress which resulted in the approval of consolidated Senate Bill No. 78 in 2011 and House Bill No. 6144 in 2012. It took only two (2) years for both bills to pass Congress through the leadership of Senator Jinggoy Ejercito Estrada and Representative Emil L. Ong. The Batas Kasambahay can also be referred to as the “Estrada-Ong Law.”

Assume joint and solidary liability with the employer for payment of wages, wage-related and other benefits, including monthly contribution for SSS, PhilHealth, and Pag-IBIG membership. 

7. What developments in the International Labour Organization contributed to the early passage of the law?
In June 2011, ILO Convention No. 189 or the Decent Work for Domestic Workers Convention was adopted during the International Labour Conference. This contributed to the early passage of the law.
The Philippines chaired the two-year double discussion on the Convention and Recommendation at the Conference Committee on Domestic Work.

8. Did the Philippines ratify the Convention and if so, when?
Yes. President Benigno S. Aquino III ratified the Convention on 18 May 2012 and the Senate concurred in the ratification on 06 August 2012.

9. What is the effect of the ratified Convention to the Philippines?
The ratification of the Convention created legal obligation for the Philippines to observe the principles embodied in the Convention, both in law and in practice.

10. When is the effectivity of the ratified Convention?
The Convention takes into force and effect on 05 September 2013, a year after the deposit of the Philippine instrument of ratification with the ILO on 05 September 2012.

11. What is the added significance of the Kasambahay Law in relation to our compliance requirement with ILO Convention 189?
The Batas Kasambahay forms part of our progressive compliance with ILO Convention 189.

12. How many domestic workers are estimated to benefit from the law?

Estimates place the number of local kasambahay at 1.9 million. 

PART II. THE LAW 

1. Who are the kasambahay covered by the law?
All kasambahay engaged in domestic work, whether on a live-in or live-out arrangement, such as, but not limited to, the following:
a. general househelp; 
b. yaya;
c. cook;
d. gardener;

e. laundry person;
f. working children or domestic workers 15 years and above but below 18 years of age; or
g. any person who regularly performs domestic work in one household on an occupational basis (live-out arrangement).


2. Who are not covered?
The following are not covered by the Batas Kasambahay:
a. service providers;
b. family drivers;
c. children under foster family arrangement; and
d. any other person who performs work occasionally or sporadically and not on an occupational and regular basis.


3. Who are children under foster family arrangement?
Children under foster family arrangement are those who are living with a family or household of relative/s and are provided access to education and given an allowance incidental to education, i.e., “baon,” transportation, school projects, and school activities; provided, that the foster family and foster care arrangements are in compliance with the procedures and requirements as prescribed by Republic Act No. 10165 or Foster Care Act of 2012.

4. What are the examples of persons performing work occasionally or sporadically and not on an occupational basis?
a. A janitress doing irregular laundry work for a household during rest day; b. A construction worker doing casual gardening job for a household; or
c. A hospital nurse or a student doing baby-sitting job.



5. What is the employable age for a kasambahay
Fifteen (15) years old and above. 

6. Under what conditions may the employment of children fifteen (15) but below eighteen (18) years of age be made?
a. They shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week;
b. They shall not be allowed to work between ten o’clock in the evening and six o’clock in the morning of the following day;

c. They shall not be allowed to do hazardous work; and
d. They shall not be denied access to education and training.


7. Who is the employer of a kasambahay?An employer is any person who engages and controls the services of a kasambahay and
is party to the employment contract.

8. Under the law, who are included in the employer’s household to be provided direct service by the kasambahay?
Immediate family members or other occupants of the house who are directly and regularly provided services by the kasambahay.

9. How can an employer hire a kasambahay?An employer can hire directly or through private employment agencies (PEA) registered
with the DOLE regional offices.

10. Who pays the cost of hiring a kasambahay?The employer, whether the kasambahay is hired directly or through PEA, shall shoulder
the expenses for hiring.
The kasambahay shall not be charged of any cost of the recruitment, placement, or finder’s fee.

11. Who shall pay the deployment expenses or cost of transportation of the kasambahay?

The employer, whether the kasambahay is directly hired or through PEA, shall pay the expenses that are directly used for the transfer of the kasambahay from place of origin to the place of work. 

12. When can an employer be reimbursed of the deployment expenses?
When the kasambahay unreasonably leaves the employer within six (6) months from the time he/she started work.

13. Are there pre-employment requirements?
Yes. Before entering into an employment contract, the employer has the option to require the following from a kasambahay:
a. Medical certificate or health certificate issued by a local government health officer;
b. Barangay and police clearance;
c. NBI clearance; and

d. Duly authenticated birth certificate or, if not available, voter’s identification card, baptismal record, or passport showing the kasambahay’s age.

14. Is there an instance when the pre-employment requirements are mandatory?
Yes, when the employment of the kasambahay is facilitated through a PEA.


15. Who pays for the cost of the pre-employment documents? 
The prospective employer or PEA shall pay for the cost.

16. Is it a requirement for a kasambahay to be trained and certified by TESDA prior to employment?
No. However, the kasambahay is encouraged to undergo competency assessment and be certified by TESDA. Training is not a requirement for competency assessment.

17. Is a contract necessary before entering into an employment for domestic work?
Yes. The employer and the kasambahay shall enter into a contract of employment written in a language or dialect understood by them.

18. Is the contract required to be notarized?

No, it is not necessary. The Punong Barangay or his/her designated officer may attest to the contract and serve as witness to its execution. 

19. What should be the contents of the employment contract?
a. Duties and responsibilities of the kasambahay; b. Period of employment;
c. Compensation;
d. Authorized deductions;

e. Hours of work and proportionate additional payment; f. Rest days and allowable leaves;
g. Board, lodging and medical attention;
h. Agreements on deployment expenses, if any;

i. Loan agreement;
j. Termination of employment; and
k. Any other lawful condition agreed upon by both parties.


20. Is the consent of the parent/guardian of working children required in the employment contract?
Yes. Such consent should appear in the employment contract.

21. Is the employer required to register the kasambahay? If yes, where?
Yes. The employer is required to register the kasambahay in the Registry of Domestic Workers in the barangay where the employer resides. For this purpose, the DILG, in coordination with the DOLE, shall formulate a registration system.

22. Is the registration system of the kasambahay free of charge?
Yes, it is free.

23. What are the mandatory benefits of the kasambahay?
a. Monthly minimum wage;
b. Daily rest period of 8 (total) hours;
c. Weekly rest period of 24 (uninterrupted) hours d. 5 days annual service incentive leave with pay; e. 13th month pay;
f. SSS benefit;
g. PhilHealth benefit; and
h. Pag-IBIG benefit;


24. What are the other rights and privileges of the kasambahay?
a. Freedom from employer’s interference in wage disposal; b. Standard of treatment;
c. Board, lodging, and medical attendance;
d. Right to privacy;

e. Access to outside communication;
f. Access to education and training;
g. Right to be provided a copy of the employment contract; h. Right to Certificate of Employment;
i. Right to form, join, or assist labor organization;
j. Right to terminate employment based on just cause; and k. Right to exercise religious beliefs and cultural practices.


25. What are the basic necessities of the kasambahay?
a. At least three (3) adequate meals a day, taking into consideration the kasambahay’s religious beliefs and cultural practices;
b. Humane sleeping condition; and
c. Appropriate rest and basic medical assistance.


26. Is the employer required to provide the kasambahay with shampoo, soap, toothpaste, etc.?
Though not part of the “basic necessities” required to be provided by the employer to the kasambahay, these may be provided gratuitously.

27. What is the extent of the basic medical assistance which the employer should provide to his/her kasambahay?
First-aid medicines (e.g. paracetamol, mefenamic acid, antiseptic, etc.) in case of illnesses and injuries sustained during service.
SSS, ECC and PhilHealth have programs that can address the medical expenses of the kasambahay.

28. How much is the monthly minimum wage of a kasambahay? For those employed in:
2. Cities and 1st class municipalities
(See attached copy of the 1st class municipalities) 3. Other municipalities

- P2,000.00
- P1,500.00
1. National Capital Region - P2,500.00

29. Do we need to amend the law before the monthly minimum wage of the kasambahay may be increased?
No. The law provides a mechanism for increasing the minimum wage of the kasambahay. Initially, one year from 04 June 2013, the Regional Tripartite Wages and Productivity Boards (RTWPB) may review, and if proper, determine and adjust the minimum wage.
The RTWPB shall coordinate with TESDA on the wage review and adjustment based on the kasambahay’s competency level, in line with the thrust to professionalize the domestic service sector.

30. In what form and when will the wage of a kasambahay be paid?
In cash, at least once a month.

31. Can the employer pay the kasambahay in any form other than cash?
No. Payment of wages by means of promissory note, voucher, coupon, token, ticket, chit, or anything other than the cash wage is prohibited.

32. Is the employer obliged to issue pay slip upon payment of the salary of the kasambahay?
Yes. The employer shall at all times provide the kasambahay with a copy of the pay slip every pay day containing the amount paid and all deductions made, if any.

33. How long should the employer keep copies of the pay slips?
Three (3) years from issuance.

34. Is the kasambahay entitled to daily rest period?Yes. He/she is entitled to a total daily rest period of at least 8 hours.

35. Can the employer require the kasambahay to work beyond 16 hours at any given workday in return for an equivalent hourly rate?
No. The eight-hour rest period must be observed.

36. Is the kasambahay entitled to a weekly rest period?
Yes. He/she is entitled to at least 24 consecutive hours of rest in a week.

37. Can the employer shorten the 24-hour rest day period of the kasambahay?
No. However, the kasambahay and the employer may agree to shorten the rest day, provided the employer pays for the hours worked during the shortened rest day.

38. Who determines the weekly rest period of the kasambahay?The employer and the kasambahay determine the schedule of the weekly rest period.

39. On what ground will the employer respect the preferred weekly rest day of the kasambahay?
The employer shall respect the preferred weekly rest day of the kasambahay on religious grounds. 


40. When can the kasambahay avail of the five-day annual Service Incentive Leave?
After one (1) year of service.

41. What will happen if the kasambahay fails to avail of any of his/her annual Service Incentive Leave?
It shall be forfeited and cannot be converted to cash.

42. What other agreements may the employer and the kasambahay enter into relative to the kasambahay’s weekly rest day and SIL?
a. Offsetting a day of absence with a particular rest day;
b. Waiving a particular rest day in return for an equivalent daily rate of pay;
c. Accumulating rest days not exceeding five (5) days;
d. Adding the accumulated rest days (maximum of 5 days) to the five-day SIL; and
e. Waiving a particular SIL in return for an equivalent daily rate of pay.


43. When will a kasambahay be entitled to the 13th month pay?
After one (1) month of service.

44. How is the 13th month pay computed and when is it paid?
In computing the 13th month pay, the total basic wage received in a given calendar year shall be divided by 12. The amount derived shall be paid not later than December 24.

45. When will a kasambahay be covered by SSS, PhilHealth, and Pag-IBIG?
After one (1) month of service.

46. Is the employer liable under the SSS, PhilHealth, and Pag-IBIG laws in case the kasambahay refuses membership with those agencies?
Membership under the SSS, PhilHealth, and Pag-IBIG is mandatory and non- negotiable.

47. Supposing that in exchange for non-membership, the kasambahay agrees with the employer to receive the premiums and contributions in addition to his/ her salary, is this allowed?
No. Under the SSS, PhilHealth, and Pag-IBIG laws, the employer has the obligation to register the kasambahay and deduct and remit the required premiums and contributions. The employer shall incur certain liabilities, including criminal prosecution, if he fails or refuses to comply with his/her obligations.

48. Who will pay the SSS premium, and PhilHealth and Pag-IBIG contributions of the kasambahay?
The employer, if the wage of the kasambahay is less than P 5,000.00.
If the wage of the
kasambahay is P 5,000.00 or more, the kasambahay will pay his/her
share in the premiums/contributions.

49. Does the law have provisions protecting employers of kasambahay
Yes. They include:
a. Prohibition against privileged information;
b. Employer may require certain pre-employment documents prior to 
engagement;
c. Employers are assured of quality services through DOLE-TESDA training, assessment, and certification of kasambahay;
d. Forfeiture of 15-day unpaid salary should the
kasambahay leave the residence of the employer without any justifiable reason; and
e. Right to terminate the employment on justifiable grounds.

50. Can the kasambahay terminate the contract at any time? 
Yes, on the following grounds:
a. Verbal or emotional abuse of the kasambahay by the employer or any member of the household;
b. Inhuman treatment including physical abuse of the
kasambahay by the employer or any member of the household;
c. Commission of a crime or offense against the kasambahay by the employer or any member of the household;
d. Violation by the employer of the terms and conditions of the employment contract and other standards set forth under the law;

e. Any disease prejudicial to the health of the kasambahay, the employer, or member/s of the household; and
f. Other causes analogous to the foregoing.

51. Can the employer also terminate the contract at any time?
Yes, on the following grounds:
a. Misconduct or willful disobedience by the kasambahay of the lawful order of the employer in connection with the former’s work;
b. Gross or habitual neglect or inefficiency by the
kasambahay in the performance of duties;
c. Fraud or willful breach of the trust reposed by the employer on the kasambahay;
d. Commission of a crime or offense by the
kasambahay against the person of the employer or any immediate member of the employer’s family;
e. Violation by the kasambahay of the terms and conditions of the employment contract and other standards set forth under the law;
f. Any disease prejudicial to the health of the
kasambahay, the employer, or member/s of the household; and
g. Other causes analogous to the foregoing.

52. Can the employer and the kasambahay terminate the contract anytime?Yes, provided that the kasambahay and the employer mutually agree upon written
notice.

53. If the duration of the domestic service is not determined in the contract, can a kasambahay or the employer terminate the contract anytime?
Yes. Either the employer or the kasambahay may give notice to end the working relationship five (5) days before the intended date of the termination of service.

54. What are the entitlements of a kasambahay unjustly dismissed by the employer?
a. Outright payment of earned wage; and
b. Indemnity benefit in the form of wage equivalent to fifteen (15) days work.


55. What are the liabilities of a kasambahay who leaves his/her employer without justifiable reason?
a. Forfeiture of wage equivalent to fifteen (15) days work; and
b. Reimbursement of the deployment expenses, if the employment contract is terminated within six (6) months from employment.


56. Can the employer inspect the belongings of the kasambahay before he/she leaves the household in case of termination of employment?
No. However, the employer and the kasambahay can agree in their employment contract that an inspection can be made before he/she leaves the household.

57. If there is non-payment or underpayment of wage and other labor-related concerns, where can the kasambahay seek assistance?
The kasambahay can go to a Kasambahay Desk Officer situated in their respective barangays or the nearest DOLE field/provincial/regional office.

58. If a kasambahay is hired thru a Private Employment Agency (PEA), can it charge Service Fee from the employer as well as Recruitment or Finder’s Fee from the kasambahay?
Although, the PEA is allowed to collect Service Fee from the employer, in no case shall it charge Recruitment or Finder’s Fee from the kasambahay.

59. Can the employer demand from a PEA the replacement of a kasambahay?Yes. Within one month from the day the kasambahay reported for work, the employer
may demand a replacement based on the following cases:

a. The kasambahay is found to be suffering from an incurable or contagious disease, or mental illness as certified by a competent or government physician;
b. The
kasambahay abandons the job without justifiable cause, voluntarily resigns, commits theft or any other analogous acts prejudicial to the employer or his/her family; or
c. The kasambahay is physically or mentally incapable of discharging the minimum requirements of the job, as specified in the employment contract.

60. What will happen in case the PEA fails to provide a qualified replacement after one month from receipt of the employer’s request?
The employer shall be entitled to a refund of seventy-five percent (75%) of the fees paid to the PEA.

61. What are the declared responsibilities of the Private Employment Agency under the law?
a. Ensure that the kasambahay is qualified as required by the employer;
b. Secure the best terms and conditions of employment for the
kasambahay; c. Ensure that the employment agreement between the kasambahay and the employer stipulates the terms and conditions of employment and all the benefits in accordance with the IRR;
d. Provide a pre-employment orientation briefing to the
kasambahay and the employer about their rights and responsibilities in accordance with this IRR;
e. Ensure that the
kasambahay is not changed or required to pay any recruitment or placement fees;
f. Keep copies of employment contracts and agreements pertaining to recruited
kasambahay which shall be made available during inspections or whenever required by the DOLE or local government officials;
g. Assist the
kasambahay in filing his/her complaints or grievances against the employers;
h. Cooperate with government agencies in rescue operations involving abused or exploited kasambahay; and

i. Assume joint and solidary liability with the employer for payment of wages, wage-related and other benefits, including monthly contribution for SSS, PhilHealth, and Pag-IBIG membership.

62. What are the specific acts declared “unlawful” under the law?
a. Employment of children below 15 years of age;
b. Withholding of the
kasambahay’s wages;
c. Interference in the disposal of the
kasambahay’s wages;
d. Requiring
kasambahay to make deposits for loss or damage; e. Placing the kasambahay under debt bondage; and
f. Charging another household for temporarily performed tasks.


63. What are the penalties for the commission of unlawful acts under the law?
Unlawful acts are punishable with an administrative fine ranging from P 10,000 to P40,000 to be imposed by the DOLE Regional Offices.

64. What other remedies for unlawful acts are available under the law?
The aggrieved party may file the appropriate civil or criminal action before the regular courts.

65. Does the law afford remedy for abused or exploited kasambahay?
The law mandates the conduct of immediate rescue of abused or exploited kasambahay by the municipal or city social welfare officer or a social welfare officer from DSWD, in coordination with the concerned barangay officials.
The law sets out that crimes or offenses committed under the Penal Code and other criminal laws shall be filed with the regular courts.

_________




Monday, December 16, 2013

How to Manage Your Credit Card Debts in the Philippines



       Here comes the time when we hear a certain call, a collection call. The truth of the matter is that “gone are the days of happy swiping your credit card”. You're now been summoned to pay your debts.

      This is likened in the Last Days mentioned in the Bible...Ang Araw ng Paninigil![joke only]

       But...think again, this is not the end of your promising life...you may ask why I can say the same, certainly because in real sense credit card companies inasmuch don't want litigation. A kind of process similarly walking a rocky road ended in costly legal affairs.

       Instead, your credit card debts as in most cases, the same will be entrusted and/or forwarded to a Collection Agency.

      Remember those guys who informed you over telephone or cellphone calls naming the them as lawyer, and worst an officer of law enforcement agencies such as NBI or PNP. In short, they are simply collecting agents who are so agitated to collect with the end in their mind to get their pie of commission.

      But you are reminded, for you to know that the amount due on your credit card debt is compounded with more than legal interest. That an interest is again earning interest more than the prescribed legal rate.

    Wow! So nice diba superb talaga...it seems the credit card company is printing real bucks....a money viz Peso or Dollar as the case maybe. Yes, this is a kind of real printing of money via compound interest mostly likely 3% per month which in all 36% per annum less the annual renewal of membership, and etc.

    You should know that “Non-payment of your credit card debt” will surely result the running of the so-called compound interest mentioned-above. Simply put, an interest will earned interest, hence, a whooping account will be billed in due time from you.

       Again don't worry because in any case if your credit card debt will rearch in the portals at the hall of justice vis-a-vis the court of competent jurisdiction, the law ordained that the interest rate will be at 12% per annum as the legal rate.

      I put my very self in the shoes of the credit card debtor, hence, never ever you have the intention negative more so defrauded the credit card company.

      Put it bluntly as my legal opinion manifest, R.A. 8484 is only applicable if you fake your identity at the time you made the credit card application.

     So long as you did not make any unlikely concealment of your true identity, the penal provision of R.A. 8484 has no application as to your credit card debt.

     Think and remember that aforementioned credit card collection agents will do all their might to force you to pay simply because they want to get the pie, a chunk of money anchored on commission basis.


      Hereunder are the projected actions which you might be thinking the creditors vis-a-vis credit card companies will undertake to pursue your debts.

1. Aggressive Collection Agents employed by Collection Agencies:

            This is normal action they will undertake by means of calling you up over the office phone/your mobile, and in the normal course the collection agents pretend to be a lawyer or the worst portion is telling you that a complaint is due to be filed at the Office of the NBI.

         In natural course of their opening statement leads to harassment viz; a         court case will soon be filed against you. 

        Worst they employed is to call the attention of your present employer,          however, this kind of collection agents practice is not tolerated. You can read      this here for your information and guidance.

2. Demand Letters from Collection Agencies:

      Be it reminded that sending you demand letters in the series         frequency among others the surest way to contact you. 

     You can accept the same or discard it, and some debtor refuse to sign the said demand letter. But in my end I suggest that there is no harm if you sign the same.

3. Non-Payment of Debt viz your credit card is not
criminal offense:

       You should know that your debt in relation to your credit card over due account is not, and can never be a criminal offense. Hence, the possible court case is not criminal action.

       Be it known that the aforementioned case is dubbed as collection of sum of money or any term a lawyer may append on his/her pleadings as to collect your debt. 

     The aforementioned situation belongs to the level of civil law which in simple term, a civil case in the worst situation may arise, and the end effect is that you should pay your debt plus legal rate of interest.

     Again, you have not to worry if you failed to pay your debts to include your credit card, since you're not alone. Even known and big companies have shared experience of debts, and so in the naturally course received some sort of demand letters just like yours.

     That being a defaulter in paying your debt is not a crime, you only failed to pay your account on reason possibly of financial reverses. However, if you are a defrauder is another term which can only be cured by way of criminal action, hence, a crime at the very start.

   One clear example of the same when at the time of your credit card application, you hide material facts as to your personal identity.

    As to the legal issue of civil complaint, which in certain respect you can receive a complaint for collection sum of money as the case so dictate. Here, you need to get a lawyer. The lawyer knows best what to do in your case.

     The moment you can receive a complaint, my centavo comment don't ignore the said complaint. The significant legal point you need to know is that if ever you ignore the complaint, and never bother at all to attend the same, highly likely the bank/credit card company can obtain favorable court decision.

     And you know the surest next game plan they have to do is to go after your properties, if there is any by way of attachment.

     And now, you may ask in the deepest deep of your senses, what has to be done to relieve from your credit card debt?

    My token of input, which I have to warn you that this is not final yet will somehow give you an idea to legally escape the horror effect of debt collection is to file for an Individual Bankruptcy under Republic Act 10142.

     You can file the Individual Bankruptcy in the court of competent jurisdiction, and of course you have to get a lawyer to draft the petition. My piece of reminder is that bring a copy of the said law R.A.10142 because this is a new law, and an amount of possibility that your lawyer will refuse to accept your desired debt legal excuse.

      This is because what have been known by many is that only corporation can file a bankruptcy proceedings to exclude individuals.

     So in gist, if in the event the court will issue a ruling that you're indeed bankrupt, simply put, your creditor to include the credit card company can no longer collect payment from you and/or go after you by way of court litigation.

    In summary, the very heart of R.A. 10142 or the so-called Financial Rehabilitation and Insolvency Act (FRIA ACT). This law in its ultimate purpose is to give you a fresh-cut economic existence. Hence, your creditor in what so ever terms they have previously against you will now be turned in the limbo of nowhere, and get rid of the claims against you.



For Your Success!

Jay M. Tan

P.S. Next time think differently... don't swipe as in there is no tomorrow. Remember that your credit card can be the best source of business machine...What? How? Are you sure? Yes...I have a model, a kind of strategy wherein you can achieve your desired goal vis-a-vis Dream of your life. Will tell you all in due time over here in my blog.

P.S. Maintain the right attitude when the 'going gets tough”. Many storms can be avoided by thinking and planning ahead. Realize that the “rough weather will not last forever”. Always remember despite how you may feel ~ you have something special ~ you have GREATNESS within you!Seek the wisdom, learn the lesson and move on.