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| OFW participants were told they could be breaching their visa conditions if they blog |
Taking up jobs
that are not within the scope of the standard employment contracts of foreign
domestic helpers, including blogging or endorsing products and services online, may be considered illegal, even if unpaid.
This was the consensus
of several officers of the Philippine Consulate General and its attached
agencies when asked at Sunday’s community leaders’ forum if blogging or
vlogging, are among the prohibited acts under FDH contracts.
Alann C. Mas,
founder of Kabayani Hong Kong, asked if the Consulate could provide guidelines
on when blogging on social media turns from being a leisure activity to illegal
work.
He further asked
if the Philippines has IT (information technology) or ecommerce laws that can help
define when a social media engagement can be considered work.
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| Elnar tells OFWs, "ibayong ingat po'' with their online activities |
Trade Attache Eric
Elnar said the law on ecommerce still needs to be polished, but to be safe, he
said overseas Filipino workers in Hong Kong should not use social media to
engage in any employment or sales activity.
“Ibayong ingat po, huwag nang mag sideline, especially
live selling, lalo na sa Facebook,” he said. (Be very careful, do not do
any sideline, especially live selling on Facebook).
Labor Attache
Cesar Chavez, Jr. explained, “Sa
Pilipinas walang problema yan” (There’s no problem with doing it in the
Philippines). “But we are governed by Hong Kong laws, including the conditions
of stay in the employment contracts.”
He said all OFWs
in Hong Kong must follow these laws “para
maiwasan ang problema.” (so problems are avoided).
Chavez then reminded
the audience that there is no distinction under Hong Kong laws between paid and
unpaid work in these cases. Thus, a FDH who is caught taking up work other than
what is stated in the employment contract cannot argue that no payment is
attached to the job.
He also said that while blogging in itself may not be considered illegal work, authorities may take a second look if the online activity interferes with the work supposed to be done by a domestic worker.
Deputy Consul
General Von Ryan Ferrera echoed the sentiment, and said all OFWs must be doubly
cautious now, as the Immigration Department has been cracking down hard on illegal
work.
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| DCG Ferrera says do not do work that is not in the employment contract |
“Kung hindi nakasaad sa inyong kontrata,
huwag na ninyong gawin.” (If it’s not stipulated in your contract, don’t do
it), he said.
To further
emphasize the point, a Filcom leader asked what might happen to Filipina
domestic workers who were recently caught doing massage therapy work in a
private spa. She said both their contracts had expired, but Immigration has
been taking its time processing their application for renewal.
She was told that
this could already be an indication that the two would no longer be allowed to
work in Hong Kong. They may not be charged with violating their conditions of stay, but they will also not be
allowed to process a new employment contract again.
Labatt Chavez said
this has happened in a number of cases where the accused OFWs were acquitted of
the charge of illegal work, with the help of lawyers hired by MWO. Despite getting
their names cleared, they were not allowed to process new employment contracts.
Despite this, he
said MWO will try to appeal to Immigration on behalf of OFWs who want to
continue working in Hong Kong after being apprehended, or cleared, of illegal
work.
Under Hong Kong’s
Immigration laws, a helper should only perform domestic duties for the employer
specified in the contract. The helper should not take up any other employment,
including part-time domestic duties, with another person.
FDHs who breach
their condition of stay face a maximum jail term of two years and fine of up to
HK$50,000.
Employers of
illegal worker face a more severe penalty of up to 10 years in jail and a fine
of no more than HK$500,000.
Aiders and
abettors will also be liable to prosecution.
