CG says, still no direct hiring for OFWs coming from Philippines

By Daisy CL Mandap

ConGen Tejada says all OFWs being hired from the Philippines will have to go through agencies

Consul General Raly Tejada has dashed expectations that direct hiring for all overseas Filipino workers in Hong Kong has been revived.

“Actually there’s still no direct hire. The new system just revised the previous processing, which means, the contracts will go to HK immigration first before Polo,” said Congen Tejada.

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“For the new hires, they still need to go through agencies.”

He made the clarification one day after Labor Attache Melchor Dizon issued an advisory, saying that effective Aug 10 (Sunday), Polo will be implementing a new system for verifying employment contracts.

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The process starts with securing an employment visa from Hong Kong Immigration, before the contract and all supporting documents are presented to Polo for verification, and then on to the Consulate for the releasing.

Dizon said that the new procedure “shall apply to new hire, contract renewal, change of employer after mature or premature termination, or ‘break contract.’”

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OFW leader Eman Villanueva, who yesterday hailed the return of direct hire for all workers, was quick to label the explanation as a “u-turn” by the Polo chief, possibly because of pressure from agency groups.

“U-turn yan,” Villanueva said. “There was no mention of ‘employment agency’ in any part of the advisory.”

He added, “The advisory is very clear. Walang sign na may na-miss na point at wala din namang sign na the advisory was addressed to agencies.”

The Polo advisory makes no mention of employment agencies, says Villanueva

Villanueva said the turnaround will cause outrage among those who have started preparing to get their family and friends hired directly from the Philippines, which was an option made available to employers up until the early 2000s.

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Thomas Chan, head of the Hong Kong Union of Employment Agencies, said his group was told during a meeting with Labatt Dizon earlier today, that all hiring from the Philippines must still go through accredited agencies.

That includes new hires and current FDWs whose contracts were terminated, and were not allowed by Immigration to remain in Hong Kong to process a new employment contract.

“For those terminated, if Immigration allows them to stay in Hong Kong, then it is under the category of ‘transfer’; if not, then it is new hiring from the Philippines,” he said.

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Chan himself had initially thought that going through employment agencies in hiring Filipino workers had become optional under the Polo advisory, and had warned of difficulties being encountered by workers if they processed their contracts themselves.

But the initial purpose of their meeting, said Chan, was his request for help in getting the Hong Kong government to extend to one week the validity period for the swab Covid-19 test that OFWs flying in from the Philippines must undergo.

Many workers and their employers reportedly found the 72-hour limit prior to boarding unrealistic, as most testing centers in Manila could only guarantee results after 3-5 days.

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“Since 25 July (when the new pre-boarding requirements for travelers from the Philippines were imposed) there has been no deployment of workers by my members and most other agencies in Hong Kong,” said Chan.

He said the Consulate and Polo both agreed to endorse his group's request to Hong Kong authorities.

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2 Filipinas who used fake documents in UK job application jailed for 6.5 months

By Vir B. Lumicao

The Filipinas were sentenced in Shatin magistracy by a District Court judge

Two Filipina domestic workers who had earlier pleaded guilty to conspiring to use forged documents in applying for a British work visa were sentenced today, Aug 4, to six months and two weeks in jail.

Criselda Bantasan, 33, and Cristy Par, 49, who had been out on bail since they were brought to court, were immediately taken into custody.

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Their lawyers had appealed for suspended sentences, citing their guilty plea and their having helped investigators to arrest and prosecute the alleged mastermind of the fake documents scam.

District Court Judge Li Chi-ho, who moved the sentencing to Shatin court, acknowledged the evidence that the two Filipinas gave during the trial of the alleged mastermind, a certain Ms Chan, in June.

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But he pointed out that Chan was acquitted after the trial judge expressed doubts about their evidence.

Solicitor Teddy Lam, defense counsel for Bantasan, pleaded in the previous hearing for a lenient sentence for his client, citing the maid’s inability to work for the past 18 months while the case was pending in the courts.

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Lam said his client was a victim who lost a fortune when she applied for a job in Britain for which the Manila-based syndicate that recruited her had produced the fake documents.

Lawyer Vivian Chan also sought “the most lenient sentence” for Par, so she could continue working for her employers and earn money to support her parents.

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Chan said her client’s employers, who had been attending the hearings regularly, were willing to employ her again.

Judge Li cited two similar cases in which the judges had adopted three years as starting point for the sentences. But in the case of Bantasan and Par, the judge started off with a 13-month sentence, then halved it after giving discounts for their guilty plea and mitigation.

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After the judge left the courtroom, the two maids were escorted by court security staff  into the dock, where their lawyers spoke with them for a while, before they were led away.

The two had been released on bail since Feb 22, their second appearance in court since their arrest in January 2018.

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Bantasan was charged with conspiring with Chan to use forged documents after she submitted on Apr 1, 2016, fake personal papers of her employer to back her application for work visa at the UK Visa Application Centre at Leighton Centre in Causeway Bay.

Par was also alleged to have conspired with Chan and other unknown persons to submit on May 30, 2016, copies of fake papers purportedly belonging to her employer to the UK VAC staff to support her visa application.

The British Consulate General reported the case to the police after discovering that the documents, including their employers’ bank statements and passport copies, that the pair submitted were spurious.

The documents were later found out to have been produced by a syndicate in Manila specializing in faking documents to support job applications for overseas.

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HK posts 80 new Covid-19 cases, including 2 Filipina DHs in quarantine

By The SUN

 

The Filipinas tested positive while in quarantine, 12 days after flying in from Manila

Two Filipina domestic workers who tested positive on their 12^th day of quarantine were among 80 new confirmed cases reported today, Aug 4,  by Hong Kong health officials.

According to Dr Chuang Shuk-kwan of the Centre for Health Protection, the two Filipinas were among five imported cases today, which also included an air crew of Ethiopian Airlines who flew in from Manila, on the way to Addis Ababa.

The two other imported cases were another flight crew who came from Belgium, and a returnee from Russia.

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The Filipina DHs would have flown in from Manila on Jul 23, two days before the new requirement for pre-boarding testing for Covid-19 took effect.

Still, it would have meant them testing negative on arrival at Hong Kong airport, then turning positive only 12 days after.

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The total Covid-19 tally in HK now is 3,670, but less than a third of the patients are still in 19 public hospitals, and the treatment facilities in Lei Yue Mun and AsiaWorld-Expo.

Of the active cases, 43 are in critical condition, 52 are serious, and 1,203 are stable.

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The death toll stands at 37, after three more elderly patients were reported to have died in the past 24 hours.

The latest fatality was an 85-year-old man with a chronic heart disease who passed away in Princess Margaret Hospital at about 3pm today. The patient was previously admitted to Yan Chai Hospital for swollen feet, and was discharged after three days, on Jul 30.

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At Yan Chai, he stayed in a medical ward with 10 other patients, who have been listed as close contacts and will be tested. Two medical staff in the ward are under medical supervision.

Earlier, an 82-year-old woman confirmed as Covid-19 positive passed away at Queen Elizabeth Hospital at 5:29 am today. Another 82-year-old woman died at Prince of Wales Hospital (PWH) at 3:10 pm yesterday.

Dr Chuang said that of the 75 local cases, 43 were linked to previous infections, while 32 have unknown sources. Most, or 36, or the linked cases involved family members and friends who gathered together.

 

10 cases have been linked to wet markets, and an expert will test samples to find out more about the outbreak

New cases emerged from two wet markets. At the Hung Hom public market, two sellers of dried goods tested positive, along with a fish stall owner in Tok Wa Wan.

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Chuang said both markets will be closed early today for disinfection. Microbiologist Dr Yuen Kwok-yung have visited both markets to analyze samples.

A total of 10 cases involving stall owners in wet markets, including 4 fish vendors, have been detected so far.

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Two more cases were linked to the multi-level marketing company called Star Global on Argyle Street, Kowloon. Three others tested preliminary positive.

One of the new confirmed cases joined a company outing in Cheung Chau, which was linked to previous infections.

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Gathering rules extended as 80 new Covid-19 cases reported

By The SUN

The rule that not more than 2 people can gather in public has been extended for another week

The Hong Kong government has extended for a week gathering restrictions which include a ban on gatherings of more than two people, and the mandatory wearing of face masks in public places.

The restrictions, which are due to expire tomorrow, were imposed amid a record surge in coronavirus infections.

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But for the first time in nearly two weeks, the total Covid-19 tally in Hong Kong dropped to below 100 today, Aug 3. A total of 80 cases were reported by health officials, all of them locally acquired.

The death toll also climbed to 37, with two more elderly patients succumbing to Covid-19 over the past 24 hours, while confirmatory tests on another patient who died on Saturday showed he did have Covid-19.

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The latest to pass away was an 83-year-old man confined at Tuen Mun Hospital. Another patient, an 84-year-old woman, died in Queen Elizabeth Hospital hospital earlier.

At the same time, tests taken on an 88-year-old man who died at United Christian Hospital on Saturday showed he was positive for the coronavirus disease.

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Dr Sara Ho of the Hospital Authority reported that 1,243 patients are currently hospitalized in 19 public hospitals and at the isolation facilities in Lei Yue Mun and AsiaWorld-Expo.

Among them, 43 are in critical condition, 49 are in serious condition, and 1,151 are in stable condition.

 

The AsiaWorld treatment facility can accommodate as many as 500 patients

As of noon today, 56 patients were in the AsiaWorld-Expo facility, and about 200 were in Lei Yue Mun. About 300 others had been moved to second-tier isolation beds to make room for new patients in the first-tier beds.

A total of 78 patients were discharged from hospital today, raising the total number of recoveries to 2,037.

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Two more patients were linked to the Caritas Medical Centre cluster, which included a doctor and a patient. Two other people were earlier diagnosed in the same ward.

A total of 50 staff and patients in the ward have been classified as close contracts and were isolated for observations.

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Dr Chuang Shuk-kwan of the Centre for Health Protection apologized for mistakes made in the cases of two patients who were mistakenly diagnosed as positive for Covid-19.

The two, a resident in Tsz Wan Shan and an employee at Caritas Evergreen Home, were later found to be negative of the disease, and have since been discharged. Their case numbers have since been transferred to two positive patients.

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Polo brings back direct hiring for Filipino workers

By Daisy CL Mandap

Labatt Dizon's directive says all work contracts will  have to be submitted to HK Immigration directly 

In a move that has sent ripples through the community, the Philippine Overseas Labor Office has effectively cut off all agency interventions in the hiring of Filipino workers in the city.

A memo issued by Labor Attache Melchor Dizon today, Aug 3, says that from Aug 10, all employment contracts for Filipinos will have to be submitted directly to Hong Kong Immigration for the issuance of the work visa.

Once the visa is issued, the contract, along with supporting documents, shall be submitted directly to Polo for verification, and then forwarded to the Consulate for authentication and release.

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The new rules apply to all work contracts for Filipinos, in particular domestic workers,  whether they be new hires, re-contract with the same employer, or those moving to a new employer, whether or not the previous contract had matured, or was prematurely terminated.

Currently, all employment contracts, except those where a Filipino domestic worker had signed up anew with the same employer, must be coursed through employment agencies accredited with Polo.

Labatt Dizon’s move came in the wake of his decision to shut down Polo’s offices, after receiving a report from Hong Kong’s health authorities that an employment agency’s liaison staff had visited them before testing positive for Covid-19.

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While the sudden policy change caught agencies off-guard and prompted warnings of less protection for OFWs, Filcom leaders were quick to applaud the move.

Dolores Balladares, chairperson of United Filipinos in Hong Kong, said in a statement:

“We welcome the new advisory. It has been a long-standing demand of OFWs in Hong Kong that there should be direct hiring, specially during this time of the Covid-19 pandemic.”

“Makakagaan na ito sa laki ng gastusin ng mga OFW dahil hindi lang mga pangangailangan nila ang kanilang ginagastusan, kundi pati na rin ng pamilya nila sa Pilipinas.”

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(This will help alleviate the heavy financial burden of OFWs who not only have to spend for themselves, but also for their families back in the Philippines).

Bayan Hong Kong and Macau chair Eman Villanueva echoed the sentiment. “We welcome the decision of Polo to direct all contract processing to the Immigration Department and Polo Hong Kong office without the need to go through an agency,” he said.

“This has been our long-standing demand - that direct-hiring should be allowed - and going through an employment agency should just be made optional.”

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Villanueva said he hopes that Labatt Dizon will continue the new measure even after the pandemic “and will not be pressured by groups of employment agencies to revert to its previous policy.”

Agencies, however, warn, that the move will have “very serious” implications not only for them, but also for the worker’s interest and protection.

Thomas Chan, head of the Hong Kong Union of Employment Agencies, said that without their intervention, “bad” employers could easily escape Polo’s monitoring.

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He also warned that agencies without accreditation could easily recruit workers and charge them illicit fees without fear of having their licenses revoked by Polo and the Philippine Overseas Employment Administration.

In addition, workers could start getting their relatives hired by employers even under unfavorable terms. “Once problems come, no accredited agencies will be responsible,” he said.

Direct hiring was, however, allowed up until the term of former Labor Attache Bernardino Julve in the early 2000s, with hardly any problem being reported.

The policy changed only after he left, when all contracts, except those where the worker had completed a previous one, were made to go through agencies.

Balladares said that Dizon’s move came just as she and other OFW leaders had started talking about protesting the continued intervention of agencies in the processing of work contracts, when they hardly do any work.

 

Both the PCG and Polo are trying to limit the number of people lining up for services as part of anti-virus measures

Most, if not all, foreign domestic workers, are now being allowed by Hong Kong Immigration to remain here instead of going back to the Philippines before starting on a new contract, whether or not they completed their previous one, or it was terminated prematurely.

That meant that agencies were only submitting and following up documents with Polo, the Consulate and HK Immigration, tasks that anyone, including the worker concerned, can do.

At the start of the pandemic, agencies were given an even bigger role, as even those who finished their previous contracts but were changing employers, were required to go through an agency. Previously, the workers themselves were allowed to do this work.

At that time, Polo said it was part of a bid to decongest its offices and promote social distancing among those queuing up for services.

It did not seem to occur to Polo officials then that the dreaded coronavirus would make its way into its offices through an agency personnel.

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