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| CG's online meeting with DFA officials had DWC's Rodelia Villar as guest |
Consul General Raly Tejada has sent out a firm warning that
it is illegal for employers to prevent their domestic worker from taking a day
off.
He made his statement during an online meeting with two top officials of the Department of Foreign Affairs on Jul 24, as more Filipina domestic workers complain that their employers are preventing them from going out on their
rest day, especially amid the recent surge in Covid-19 cases.
At the online meeting with Undersecretaries Sarah Arriola and Ernesto Abella, Congen Tejada said that the
decision not to go out on a rest day should be mutually agreed upon by the
employer and the worker.
Otherwise, he said not letting the worker go out of the
house is illegal.
“Hindi sila puwedeng
pilitin na mag-stay sa bahay dahil labag ito sa batas,” said Congen.
(They cannot be forced to stay at home because that is
illegal).
And even if the situation calls for it and the helper agrees
not to go out, Congen said “hindi nila ito dapat papagtrabahuin.” (She should not be made to work).
“At kung ito ay
kanilang papagtrabahuin, dapat magkaroon ng compensation,” he said, but
emphasized that the helper’s consent is still necessary in such a case.
(And if they are made to work, there should be compensation).
He said this is the line always taken by the Consulate when
consulted by the workers, employers, employment agencies, and even the Hong
Kong Labour Department.
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| More employers are telling their helpers to stay home amid the surge in coronavirus cases |
His firm stance comes amid complaints from many Filipino
domestic workers that their employers are refusing to let them go out on their
usual Sunday off, when they are made to do errands on other days.
The usual complaint is that they are told to do the
marketing everyday, even after health officials have identified wet markets as
among the high-risk areas for the recent wave of infections.
Others complain that with the ban on dine-in at restaurants,
their employers have taken to inviting many relatives over, potentially
exposing their entire household to a greater risk of contamination.
One worker said in a private message: “Hindi ako pinapa off minsan, sabi may virus. Pero everyday naman mag
market. Tapos yung amo ko, lumalabas palagi para magtrabaho. Kapag Lunes
hanggang Sabado walang virus, kapag Linggo may virus. It’s unfair po.”
(I am not allowed to go out sometimes, (my employer) says
there is a virus. But everyday I go to market, and my employer also goes out
all the time to work. From Monday to Saturday there’s no virus, but on Sunday
there is. It’s unfair).
Several others say their employers have used rumors of a
lockdown –which the Chief Executive Carrie Lam herself has brushed aside as
“fake news” – to stop them from going out on their rest day.
Many of the workers have taken to venting out on social
media because at the end of the day, it’s the fear of losing their jobs that
prevent them from asserting their right.
But not all employers are taking advantage of their helper’s vulnerability amid the pandemic.
A reposted comment from an employer reads in part:
“The virus is active ALL week, NOT just on Sundays, yet
you're happy to send her off to the market during the week to buy YOUR food?
Likewise with taking YOUR kids out, or walking YOUR dog…”
She then added, “It's gross misconduct, bordering illegal to
keep her hostage, all the while knowing that she won't report you to the Labour
Department for fear of losing her job. Disgusting! These
ladies are an indispensable part of our lives, and should be treated humanely,
and with the respect they deserve!”
Also to
the point was an article written recently by Equal Opportunities Commission
Chairman Ricky Chu who said: “An employer who compels his/her FDH to
work on a rest day without the consent of the FDH or fails to grant rest days
to the FDH is in breach of the Employment Ordinance and is liable to
prosecution.”
Despite all the warnings, however, not a few employers have used a Labour Department’s advisory in early February that they
could “agree” with their helper about making them stay at home, as a reason for depriving the worker of her only
rest day in the week.
Several migrant support organizations, including the Mission
At least three of the workers have since left their
employers’ house, and have successfully claimed for compensation for all the
days that they were not made to take a rest day, plus one month’s salary in
lieu of notice, even if they were the ones who terminated their contracts.
