RA 9646 Advantages the In-House Real Estate Agents of Developers
[ADVOCACY SERIES] - The proposed exemption of developers in the Implementing Rules and Regulation (IRR) of Real Estate Service Act is a big disadvantage to their in-house agents...
QUESTION: Sir John, why is it disadvantageous to the real estate practitioners who work with developers if they will not be covered by the Implementing Rules and Regulation of RESA?
RESA is primarily intended to protect the real estate salespersons especially the in-house salespersons and agents who compose 95% of the total number of agents in the Philippines.
Many in-house sales employees and agents of developers complain of labor unfair practices. The very common examples of these labor malpractices are (1) non-payment of commissions, (2) stealing of buyers, (3) unpaid wages for a day's full-time work, (4) casualization, lifetime non-regularization and everlasting contractual job, (5) non-payment of taxes, (6) unfair competition with other agents, (7) non-granting of health insurance, leave benefits, and other humanitarian fringe benefits.
Despite these malpractices against our fellow salespersons in the real estate industry, the victims cannot come out to complain because they are classified as "illegal sales agents" under the Rule 5 of the IRR of the PD 957 being implemented by the Housing and Land Use Regulatory Board.
With RESA, as soon as these in-house sales agents become registered under the license and supervision of professional licensed brokers, they will get all the protection against the malpractices of developers. No mentor licensed broker would allow malpractices committed against sales agents under his professional management.
In short, if the in-house sales employees of developers are not covered under the RESA, they cannot be protected by the IPORESP nor by the Professional Regulation Commission. If unfair labor practice is committed against them, they have to go to the Department of Labor instead of PRC, and the IPORESP cannot help them either.
IPORESP is very powerful, it is like a Labor Union that is fully integrated within the function of the government. In fact, IPORESP existence has its own protective mandate in Republic Act 9646. If the in-house agents of developers are excluded in the RESA, they will miss the protection they are entitled to as provided by the law.
I dedicate this blog to my Facebook friend/s listed below who celebrate their birthday today.
Anthonette Lusdoc Magno, Gel Ricafrente, Janel Camahalan, Katrina Dela Cruz, Mark Escuyos, Melody Lumbres, Mikaela Goloseno, Paul Rich Empeno.