The labor department has gifted workers in the informal economy, including kasambahays, with greater protection starting these holidays.
The workers, especially those who are vulnerable to abuses, will find better and strengthened protection in the Department of Labor and Employment’s guidelines for the Safe Spaces Act or Republic Act No. 11313, better known as the “Bawal Bastos” law.
Labor Secretary Silvestre Bello III issued Department Order No. 230 series of 2021 providing methods and interventions, including redress mechanisms, in cases of gender-based sexual harassment in the workplace, for kasambahay, workers in the informal economy, and those employed in establishments with 10 or fewer employees.
Informal economy refers to all economic activities by workers and economic units that are in law or practice not covered or insufficiently covered by formal arrangements.
The order defines Gender-Based Sexual Harassment (GBSH) as specific acts penalized by RA 11313 which may be committed either in the streets or public spaces; online; workplace; and educational and training institutions.
Under the law, GBSHs are unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
To ensure full compliance with the law, the DOLE order mandates employers in the informal economy to orient their workers in the establishments and households on the Safe Spaces Act.
For the kasambahay, the work contract must state that the worker is guaranteed with protection from sexual harassment.
Employers or other persons of authority, influence, or moral ascendancy in the establishment are also mandated to prevent, deter, or punish the commission of acts of GBSH in the workplace.
Establishments are also required as part of their occupational safety and health program to formulate their GBSH code of conduct or workplace policy.
Bello said to ensure compliance of employers to the law and Department Order No. 230, the DOLE shall conduct yearly spontaneous, random, and unannounced inspections under existing rules and regulations.
“We enjoin everyone to report to DOLE non-compliance or violations of employers to these rules,” Bello said.
Complaints can be filed at DOLE attached agencies and regional, provincial, field, or satellite offices that are nearest to the employees’ workplace, residence, or place where the alleged violation was committed. (DOLE) -rir
