Professional Documents
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TOPIC:
LAW?
INTERNALTIONAL LAW
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INTRODUCTION
million domestic workers are women. 17.2 million of them are aged between
5 and 17 years old. It has also been cited that 45% of the domestic workers
are not entitled to a weekly day off or paid holidays1. News up to date and
physical violation and other forms of maltreatment has been shown to be the
domestic helpers. Stigma is natural with respect to how the society view the
nature of work and job of a domestic helper and the helper himself or herself.
The stigma and violence reported have been the cause of the birth of several
helpers and its industry. Just looking into the daily news, the researcher
submits that there is indeed an urgent and utmost need to pass laws for the
welfare of the domestic helpers not just here in the Philippines but
worldwide.
This short research paper aims to provide facts that will let the reader
infer an answer to the topic and question posted in the first page of this
paper. Nevertheless, the researcher will also provide his opinion and
conclusion at the end with the intention but to promote the welfare of the
domestic helpers in our country. This research paper will also discuss the
law that was approved last January 18, 2013. This law is entitled Republic
Act No. 10361 or known as "Batas Kasambahay". This law will be our guide
with respect to Philippine jurisdiction and hopefully to get its intent to arrive
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at the soundest conclusion. We will also look into some of the International
INTERNATIONAL LAW
signature in a treaty of a State does not constitute and does not amount to
obliged, it has to ratify the treaty. The said Convention or treaty has been
ratified by the Philippines4. What is the effect of a ratified treaty? The state
is bound by the provisions of the treaty and therefore its enforcement and
of the said ratified treaty is a legislation which provides for the specific details
and sets out minimum labor standards for domestic workers5. In relation to
Convention, it provides for the fair terms of employment and decent living
conditions for the domestic workers. It also provides, in article 11, that a
minimum wage should exist for the domestic workers and should be without
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(2) the items or services given as in-kind payment are of
regarded as payment in kind, but as tools that the employer must provide to
the workers at no cost to them for the performance of their duties (Article
12).
From the reading of the above provisions, we have observed that the
the domestic workers around the globe. It provides its states members the
However, it is important to note that this frame work does not dwell into the
minimum wage can secure the daily basic needs of a person while a
inflation may not be able to secure the basic daily needs of a person.
In our jurisdiction, a law was approved last January 18, 2013. AN ACT
law, under the Section 2, Declaration of Policies, paragraph (b) of this law,
dialogue; "
when RA10361 and its succeeding augmentation of the minimum wage has
After one (1) year from the effectivity of this Act, and periodically
It shows that the Philippines has well established the rights of the domestic
income, is an amount that cannot sustain at least one single person, in the
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National Capital Region, unless an extreme thriftiness will be exercised by
the person, which in such case, will surely render the person so deprived of
his essential needs such as shelter, clothing and food. As a proof, according
to the Philippine Statistics Authority, in the year 2015, the average annual
family expenditure was 215 thousand pesos2. Comparing this to the annual
DECENT LIVING
factors which, international law did not specifically dictate. It has given each
of the States the consideration and factors which are the point of reference
can be based on the eyes of the beholder. However, following this reason
It is also important to note that having a decent life does not mean just
to merely having enough or more than enough amount of money to buy the
living. It is not a life in a jungle which is survival of the fittest. Having a decent
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life also promotes a life which does not step on to others foot. It is a life
where you produce your daily needs without taking advantage to others
weakness or status in life. There are people who earn more than 3,500 per
day, they even earn it in an hour, but are stepping onto others life
This means that decent life is not just defined as to how much a
person earns.
It has been well established that living wage is different from minimum
wage. The former means the minimum income necessary for a worker to
meet their basic needs5. The living wage differs from the minimum wage in
that the latter is set by national law and can fail to meet the requirements to
have a basic quality of life which leaves the family to rely on government
Based from the above definition, living wage is a wage which would
enough for a person to be able to buy the daily basic needs. This may not
even to mention the expenses that can be incurred and used for social
the daily basic needs. The question now is, “Why does the international law,
specifically the Convention for Domestic Workers only talks about minimum
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wage and not living wage?”. Should the international community elevate the
SUMMARY
everybody; that the international law promotes and advances the welfare of
domestic workers and their rights. It is indeed that international law is aware
International prescribes the minimum wage for domestic workers though not
We have also discussed about the reality of the cost of living in the
shows that 3,500 pesos monetary earnings will surely not suffice to support
have put stressed on its definition and went beyond the meaning by
stressing that a decent life is a life which is not merely earning monetarily
but also not taking advantage of someone’s weakness and status in life.
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Finally, we have covered the basic concept and difference of a living
wage and a minimum wage which, we learned that these two has a huge
difference which has influenced the finality of this short research and essay
work. These two concepts are very important as one has attained the status
of being considered as a right and the other has not. The definition and
difference of this has the majority influence and guide as to how the
CONCLUSION
The researcher submits, based on the gathered facts that 3,500 pesos
will not give a decent life to the workers. This is so because practically
speaking, 3,500 is not just enough to sustain a single person to live in the
National Capital Region. The cost of food and pace of life will devour the
said amount by which it may only last for 3-4 days of spending considering
way of living despite scarcity. There are people who earn at least 3,500
pesos per month as a domestic worker but whose life values and principles
imposing the required amount of salary to sustain a person for his daily basic
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plan as to impose a minimum wage able to sustain a person’s daily basic
needs. Nevertheless, this is not impossible to attain per se, it just requires
community faces problems that are all “urgent” “priority” and “important”, it
wage, it may not really be possible at this point in time since, as previously
“urgent” “priority” and “important”, it seems that such may not be attained.
living for the domestic workers but due to considerable factors in each states
and governments, there are things that the International Law cannot
intervene into and where the sovereignty of the state shall be respected.
can only provide for the minimum wage requirement. Nevertheless, the
wage is not just one sided as employers needs to be included in this matter.
here in the Philippines, our domestic workers are indeed hardworking and
would rather earn 3,500 pesos per month instead of planting kamote tops in
There are Domestic Workers which are very lucky who found to be in
good and kind employer who gave them even more than what is prescribed
by the law. However, there are still a lot of domestic Filipino workers, locally
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and internationally, that are in the darkness and experiences abuse and
domestic workers, the researcher submits that yes, a decent living can be
not due to the fact of the cost of living in the NCR is substantially high.
it should deprive a person the ability to earn for his sustenance without a
seem to impose the requirement of the so called living wage and it cant be
now has the control over this matter and this may change the course of the
employer will give its best, as much as it can, to provide for the domestic
Philippines. Voluntarily giving them more than 3,500 pesos per month
to rally and advance the living wage concept and make it a right or to plead
to congress to increase the minimum wage. The change of the country shall
be accelerated by the help of the citizen in doing their moral duties and
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3
https://en.wikipedia.org/wiki/Category:Treaties_of_the_Philippines
4
https://en.wikipedia.org/wiki/Category:Treaties_of_the_Philippines
5
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/documents/genericdocument/wcms_208561.pdf
6
https://en.wikipedia.org/wiki/Living_wage
7
https://en.wikipedia.org/wiki/Living_wage
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