BAGUIO CITY – The Cordillera Regional Tripartite Wages and Productivity Board (RTWPB-CAR) recently issued the implementing rules and regulations (IRR) to guide agencies and stakeholders in the implementation of Wage Order No. CAR-DW-02 governing the wages of domestic workers regionwide.
Under the IRR, the wage order shall apply to all domestic workers, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp; yaya; cook; gardener; laundry person; or any person who regularly performs domestic work in one household in an occupational basis.
However, not covered by the wage order are service providers; family drivers; children under foster family arrangement and any other person who performs work occasionally or sporadically and not on occupational basis
Upon effectivity of the wage order which will be 15 days after the order’s publication in a newspaper of general circulation, the order provides that the new monthly minimum wage rates for domestic workers in the Cordillera Administrative Region (CAR) shall not be less than P3,000 in chartered cities and first-class municipalities and P2,500 in other municipalities.
The wages of domestic workers shall be paid in cash at least once a month and that no payment by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash shall be allowed.
The wage order stated other than those mandated by law, the employer shall not deduct any amount from the wages of the domestic worker without his or her written consent or authorization; provided that, deductions for loss or damage shall only be made under the conditions that the domestic worker is clearly shown to be responsible for the loss or damage; the domestic worker is given reasonable opportunity to show cause why deductions should not be made; the total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage and the deduction of the wages of the domestic worker does not exceed 20 percent of his or her wages in a month.
The order stipulated that the labor department shall extend free assistance in the determination of fair and reasonable wage deductions under the said provision.
By written agreement, the employer may deduct the loans from the wages of the domestic worker, which amount shall not exceed 20 percent of his or her wages every month.
In the case of hiring or contracting of domestic workers services through licensed private employment agencies, the wage rates prescribed in the order shall be borne by the principals or clients of the agencies and the contract shall be deemed accordingly.
In the event, however, that the principals of clients fail to pay the prescribed wage rates, the agencies shall be jointly and severally liable with the principal or clients.
Household employers and their domestic workers may voluntarily and mutually agree to adopt a compensation system that rewards domestic workers with additional pay in exchange for formal TESDA certification of the domestic worker’s mastery of skills, knowledge and or competencies. By HENT
