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Pinay’s Christmas vacation ruined by surprise termination

04 January 2019

By Daisy CL Mandap

A Filipina domestic worker got the shock of her life when, soon after she boarded the plane for her flight home on Dec. 24, she received a text message from her employer saying she was being dismissed for “habitual negligence.”

J. R. told a migrant support group said that she had no inkling that her employer was unhappy with her work, and had planned to dismiss her.

She expressed fear that she may not be allowed to enter Hong Kong on Jan. 3, when she’s supposed to report back for work.

Told about her predicament, Labor Attache Jalilo dela Torre immediately gave assurance that J.R. should be able to return to Hong Kong and file a labor claim against her employer.

“Under current protocols, she will be allowed in, and allowed to file a case at the Labor Department,” said Labatt dela Torre in a message.

J.R.’s Chinese employer said in his text that he was “resigning” from his employment contract with the Filipina helper effective Dec. 24, and was not giving any notice “under chapter 8 of the Labour Code”, by which he apparently meant the termination was for reasonable grounds.

The employer cited four instances of J.R.’s alleged “habitual negligence,” the first of which supposedly happened on Jul 16, when the helper allegedly “leave children at the door of shop.”
The three other cases of J.R.’s alleged negligence were:

*”not optimistic about children and let her falling down from hight (sic) chair, which supposedly happened on Nov. 18;
*”ignore the reasonable requirements of the child like wash hands or go toilet etc” and
* ignore the employer’s reasonable work requirements, and many times advised that there is no improvement.”

Among those who extended help to J.R. through online chats was Rodelia Villar, founder of the social media group, Domestic Workers Corner.  Villar advised J.R. to immediately send a message asking for help and advice to the Philippine Overseas Labor Office and the migrant support organization, Mission for Migrant Workers.

She also suggested that J.R. respond to her employer’s text and deny the four grounds of negligence leveled against her.

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