Pinay accused of ‘being lazy’ gets $5k settlement

A Filipina helper was paid $5,000 as settlement on Aug. 8 by her former employer who accused her of being lazy and could not speak Cantonese.

Marichu Soriano had sought severance pay of $8,000 from Chow Chu-kuem who terminated her on Jun 24 after more than three years in her employ, saying her services were no longer needed.

The helper had been paid other financial obligations like one month’s wage in lieu of notice, money for air ticket and travel/food allowance.

On top of these, severance pay could awarded in cases of redundancy.

At the Labour Tribunal, Chow told presiding officer Eric Tam she decided to let go of Soriano after realizing she “did not need her anymore”.

Soriano had allegedly become lazy and despite working for her for more than three years, could not speak Cantonese, Chow said.

“I used to do some of the work even if I was paying her,” she told Tam, showing off her hands, then sobbing.

At Tam’s suggestion, the two tried to reach settlement but could not agree initially because Chow was insisting on paying only $3,000.

Tam suggested $5,000 and Chow, after hesitating at first, eventually relented when prodded on by her son-in-law who was with her in court. – Vir B. Lumicao

DH falsely accused of theft pursues claim vs employer

By Vir B. Lumicao

An employer who falsely accused her Filipina domestic worker of theft has opted for a trial of the $10,200 claim against her by the maid at the Labour Tribunal, instead of just paying up.

Joan Sham Yi-king told the Tribunal during a hearing of the case on Jul 31 that she would contest the claim of her former maid, Jackelyn Cornejo.

The Filipina was acquitted in Tuen Mun court on Jun 21 of stealing two rings from Sham. Before this, she spent 40 days in jail until the Mission for Migrant Workers bailed her out and gave her shelter.

Cornejo, 30, came to Hong Kong on Sept 8 last year for her first overseas employment, but decided to terminate her contract after just over two months because Sham and her mother allegedly subjected her to verbal abuse and treated her badly.

She said they provided her little food, made her work from 7am to 12 midnight, delayed paying her salary, gave her just two days off a month and on returning at night, made her do all the house chores.

The helper called the police on the evening of Nov 30, saying she could no longer take the maltreatment. The officers left when Sham said the helper needed only to write a termination letter. But as soon as the police had left, the employer told Cornejo she couldn’t leave unless she paid her a month’s salary.

The two went to an ATM at Siu Hong MTR station to get cash, but even after Cornejo had paid up, Sham still refused to let go of her so the maid ran away and sought refuge in a neighbor’s flat.

Sham then called the police, and caused them to arrest Cornejo on the trumped-up charge of stealing her two rings.

At the Tribunal, Presiding Officer Jacqueline Lee rebuked Sham after noticing the employer’s attempt to delay proceedings by first, denying that she received a registered letter from Cornejo; and second, by not bringing an important document with her to court.

“I want you to make sure, Ms Sham, and I want you also to make a copy of all the documents by Aug 7,” Lee told the defendant sternly. She said the case had been stuck in for too long and she did not want any more delay.

Cornejo is claiming a month’s wage of $4,310 in lieu of notice for constructive termination, a return of the $4,310 that Sham had forced her to pay so she could be released from her employment, a one-way plane ticket and $200 travel allowance.

During a conciliation hearing at the Labour Department earlier, Sham only agreed to pay the helper $3,117.18 for arrears in wages.

The rising cost of getting a job as domestic helper

By Leo A. Deocadiz

Every Sunday, foreign domestic workers flood into Hong Kong’s parks, foot bridges and other public places to spend their day, and a growing portion of their income, on local businesses.

Of grave concern, however, is that payment for loans and agency fees is biting off 35.6 per cent of that income, according to a survey on spending habits conducted by the Mission for Migrant Workers and Asia Pacific Mission for Migrants. And since Hong Kong limits agency fees to 10 per cent of the first month’s salary (or $441 of the minimum allowable wage of $4,410), much of these fees are illegal.

It was not this way in the past, when the MAW was even lower. The share of loans and agency fees in the 2017 survey is almost triple the 13.30 per cent share that this expense registered in a similar survey conducted by the two NGOs in 2013.

Spending one’s day off on a rainy day in Central.

These figures confirm another report by MFMW in April that showed about half of the helpers were charged HK$5,000 to HK$10,000 by employment agencies to find them employers. Some were even charged as much as HK$22,000. These amounts were set in loan agreements that were signed in the helpers’ home countries to avoid being penalized under Hong Kong’s law that limits the amount that employment agencies can charge.

“Agency fee and loan repayment constitute the chunk of this expense, showing still the prevalence of overcharging practice of agencies,” said the report which summarized the findings of the survey, conducted in the summer of 2017. “Especially that more than 50 per cent of FDWs are newly-arrived… it can be inferred that many FDWs are still paying the fees charged to them upon deployment to HK.”

It added: “Even loans can be attributed to agency problem as either they are forcibly made in order to get more from FDWs while circumventing the legal policy in place for agency fee, or they are made precisely because agency fee eats up most of their salary, leaving very little for their own needs in Hong Kong and remittance to family.”

It concluded that FDHs “continue to be exploited through debt bondage by agencies. Yet, the Hong Kong government does not actively work to alleviate this issue, allowing human trafficking and exploitation to happen.”

Despite the survey showing rampant overcharging, only three employment agencies have been prosecuted by the Employment Agencies Administration (EAA) and convicted of overcharging so far this year.

In the latest conviction on July 25, My Friends Service Limited (My Friend) located in Tsuen Wan was fined $8,000 at West Kowloon Magistrates’ Courts for overcharging a foreign domestic helper (FDH).  The other agencies convicted of overcharging this year were Quality Consultants Agency located in Tsim Sha Tsui and Familia Employment Agency located in Tai Po.

Migrants groups’ leaders display the breakdown of FDH spending: Dolores Balladares, chairperson of the United Filipinos in Hiong Kong; Cynthia Ca Abdon-Tellez, general manager iof the Mission for Migrant Workers; Ramon Bultron, managing directorof Asia Pacific Mission for Migrants (APMM); and Sringatin, chairperson of Indonesian Migrant Workers Union. 

A government spokesman said prosecution also depends on overcharged helpers filing complaints. EAA thus invites them to call 2115 3667, or visit its office at unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

The survey also showed that the job placement expenses have led to the share of remittances — the main reason the FDWs have left their families back home — to shrink . The 2013 survey showed that remittances accounted for 50.68 per cent of their income. By 2017, its share had shrunk to 31.7 per cent.

“Agency fees are not only a problem for migrant workers but also for the Hong Kong economy,” the report said. “When more money is spent repaying loans, workers have less to spend on goods and services as well as remittance to support their families back home.”

The survey showed that of the minimum allowable wage of $4,410 every month, $2,600 remained in Hong Kong. With an FDH population of 351,513, this translates to $914 million they spent monthly in Hong Kong, or almost $11 billion every year.

Of the other expenses tracked by the survey, 9 per cent went to savings, 6 per cent went to food, 4 per cent went to clothes and accessories, 3 per cent to communications, 2 per cent to transportation, 2 per cent to toiletries, 1 per cent to donations and 5 per cent to other expenses.

So even if they may be earning one of the lowest wages in Hong Kong, foreign domestic helpers pour billions into its economy, nourishing businesses that have sprouted to cater to their needs, according to the survey.

This is contrary to popular belief that they are a burden to the economy. “Migrant domestic workers are integral to the consumer and service-based economy that is Hong Kong,” the two non-government organizations said in their survey report.

MFMW general manager Cynthia Abdon-Tellez affirmed: “Yes, foreign domestic helpers come to Hong Kong to support their families, but they end up spending most of their wages in Hong Kong, and thus contribute to the economic life of the city.” 

This is in addition to their other — and better-known – contribution: taking care of their employers’ children and homes, so that both parents can pursue their own careers and thus double their household income.

Cordilleran group holds songwriting contest

As part of their campaign to promote their culture and cultivate their talents as Cordilleran migrants, members of the Pinatud a Saleng ti Umili (PSU HK) held a songwriting competition on Aug. 12 at Pier 10 in Central.

Taking top honors was Linlyn Andrada Subido for her original competition, “Karapatan Namin”, sung by Andrada Clan. Second prize winner was Iris Ticagan, composer of “Paglayo”, which was sung by her group, Singles and Doubles.

The contest rules specified that singers representing the contestants would first sing the Cordillerans’ unity song, “Nasa Atin ang Panahon” from the group Buklod, before presenting their original composition.

According to PSU-HK president Joseline Tanguid, her group stages a Dap-ayan cultural event every two months and the song writing competition was one of the activities held as part of this.

Tanguid said that through these cultural activities, the group hopes not only to promote unity but also to empower members so they are better equipped to find solutions to issues faced by migrants both in and out of the Philippines.

Members and guests of Pinatud a Saleng ti Umili (PSU HK), with contest winners.

The Dap-ayan ti Umili, held alongside a Migrants Care Center where free services was given to migrant workers, was co-organized by PSU-HK and the Mission for Migrant Workers and had as theme “Palakasin ang Pagkakaisa sa proteksyon ng Kagalingan at Kultura.”

The judges for the songwriting contest were Aaron Ceradoy of the Asia Pacific Mission for Migrants, Carmela Cawas of Benguet Federation, and Maricel Redita of Migranteng Artista ng Bayan.

Acting as adjuducators were Joelyn Hilyawan of Ifugao Association Hong Kong and Nancy Tanguid of Asipulo Organization.
—DCLM

Labatt Jolly set to return to Hong Kong

Labatt Jolly could resume his post  early next month

By Daisy CL Mandap

The combined voices of Filipino migrant workers have been heard. Labor Attache Jalilo de la Torre, whose unceremonious and unjustified recall to Home Office in April sparked widespread protests within the Filipino community in Hong Kong, is about to come back.

The only question now is, when?

“My papers are already with the DFA (Department of Foreign Affairs)”,  was all that Labatt dela Torre said in response to a message asking when he expected to be back in Hong Kong.

Once the DFA, through the Philippine Consulate, passes on his papers to the Hong Kong government, it will be only a matter of days before Dela Torre gets the go signal to reclaim his post.

According to his temporary replacement, Labor Attache Leonida Romulo, that could be soon, as she is herself already preparing to move to another post. Insiders at the Department of Labor and Employment in Manila say Romulo will be posted to Malaysia where she’s expected to remain until her retirement by next year.

Also about to leave is Assistant Labor Attache Ma Nena German, who had cracked down on Dela Torre’s supporters when she was made officer-in-charge for three months after his recall. German will reportedly spend the last four months of her extended term in Taiwan.

Romulo, who took over the top labor post only last month, said there will be a short overlap between her and Dela Torre. “I will stay until Labatt Jolly returns because there should be an official turnover,” she said

Labor Secretary Silvestre Bello III sent her here to take up the labor attache’s post after dela Torre was recalled a full year before his tour of duty was supposed to end.

Secretary Bello’s letter dated Mar 23 did not give any reason for the recall, but merely said Dela Torre was to report back to the Home Office “effective immediately”.

He was also instructed to turn over all money, properties, equipment and accountable forms to Assistant Labor Attache Ma. Nena German, indicating the recall was final.

The order sparked widespread criticism within the Filipno community in Hong Kong, and caused two big protests to be staged, calling on Bello to revoke the order against the highly regarded labor

One of two protests held against the recall 

attache.

In response to a petition from migrant leaders, Special Assistant to the President Christopher Go and Foreign Affairs Secretary Alan Peter Cayetano both assured the community Dela Torre would get to keep his post.

But with Bello standing firm on his recall order, Dela Torre was forced to return home in mid-April. The two met in Manila about a month later, during which Bello reportedly told his labor attache to write a letter admitting that he instigated the protests against his recall, and apologize.

The news that Dela Torre is on his way back to reclaim his post was greeted with joy and relief by the Filcom leaders who joined the protests against his recall.

Rodelia Villar, leader of the Domestic Workers Corner, said rogue employment agencies have been on a roll since Dela Torre left. “Four months pa lang ang dami nang nabiktima (na domestic workers),” she said.

Villar also said Dela Torre’s return showed how unity among leaders could bring about a desired result.

Eman Villanueva of United Filipinos in Hong Kong said his group is looking forward to meeting with Dela Torre again.

“We are eager to meet with him upon his return. Maraming mga dapat na mapag-usapan na mga concerns ng community na nais namin maihapag sa kanya for POLO's intervention. One of which ay ang illegal collection ng mga agencies. Gusto din namin syang kausapin tungkol sa mga issues addressed to the HKSAR government. We are confident na gagawa sya ng mga concrete steps para suportahan ang kampanya ng mga OFWs for reforms sa ating working and living condition dito sa HK kagaya ng kanyang ginawa noon sa issue ng window cleaning,” said Villanueva.

For Aura Ablin of Mindanao Workers Federation, the four months that the labor attache was forced to wait it out in Manila while Bello decided on his fate was a lot of time lost.

“Sana yong apat na buwan na pagkawala ni Labatt de la Torre dito ay ibalik yon by extending his term. Ang daming nabinbin na mga programa para sa kapakanan ng mga OFWs dito sa HK and six months is too short to do it all.” said Ablin.

Villanueva suggested a new petition could be made to ask for Dela Torre’s extension way beyond the seven months remaining in his three-year-term.

To this day, the reason for Dela Torre’s recall remains unclear. But recent reports suggest  Bello might have been telling the truth when he told Manila reporters that the order to get dela Torre packing came directly from Malacanang. Apparently, a Hong Kong agency owner whose wife is from Davao had approached President Rodrigo Duterte directly to complain about Dela Torre, who had been bearing down heavily on errant recruiters.

It did not help that a group of Hong Kong recruiters who bring in Filipinas to work as bar girls in Wanchai were also up in arms over Dela Torre’s rejection of their job orders, depriving them of lucrative commissions.

Dela Torre had said that he was surprised by his recall, as he was not aware that he was being investigated. He maintained that he didn't have any problems getting marching orders, but didn't want to go under a cloud of doubt.

Bello later on said Dela Torre’s recall was temporary and was meant to allow him to defend himself against the accusations made against him.

Asked for his reaction to the protests in support of his top Hong Kong man, Bello said, "I respect their right to air their grievance but they (also) have to respect our mgt (management)/ procedural due proess".

The recall attracted extensive media coverage because of the widespread support given to Dela Torre by migrant workers who often cite as reasons his uncompromising stance against illegal recruitment and human trafficking.

Solons fear budget reform would cut funds for districts

The Duterte administration may have adopt its 2018 budget for 2019 if lawmakers and the Department of Budget and Management (DBM) could not agree on budget reforms.

Budget Secretary Benjamin Diokno said keeping the 2018 budget allocations was one of the options the executive department has if Congress fails to approve the P3.757-trillion appropriations by December.

The House of Representatives had suspended hearings on the 2019 budget as lawmakers rejected a shift from obligation to cash-based budgeting system.

In the past, the obligation-based budget allowed agencies to spend their respective allocations within a two-year period, sometimes leading to underspending.

“A cash-based budget instills greater fiscal discipline and prudent use of limited resources. The shift to a cash-based budget will increase the efficiency of government operations, resulting in a faster and improved delivery of public services,” Diokno explained.

“The one-year time horizon of budget execution will push heads of government agencies to
plan ahead, conduct early procurement, and regularly monitor implementation,” he added.

Congressmen feared that the budget reform would greatly affect budget allocations for their districts, since funding for hospitals, classrooms, and local infrastructure projects like roads might suffer budget cuts.

Rep. Karlo Alexei Nograles, chairman of the House appropriations committee, and other House leaders – representing lawmakers who crossed party lines – have filed a House resolution asking their Senate counterparts to return the budget reform bill that they sent last March.

In view of the rejection of the budget reform, Diokno said having a reenacted 2018 budget for 2019 would sustain the Duterte administration’s infrastructure spending in the absence of a new appropriations bill approved by Congress.

“We are studying all the options, including reenacted budget of 2018,” Diokno said during a press conference on the sidelines of the “Build, Build, Build” job fair on on Aug. 12 at the SMX Convention Center in Pasay City.

“Because so many projects in 2017 and 2018 have not been done, when you add those to projects in 2019, the budget is so big. The ‘Build, Build, Build’ program won’t suffer.”

Under its ambitious “Build, Build, Build” program, the Duterte administration plans to rollout 75 “game-changing” flagship projects alongside spending a total of up to P9 trillion on hard and modern infrastructure until 2022 to usher in the “golden age of infrastructure.”

But some members of the House have been questioning why the 2019 budget proposal, at nominal value, is lower than the record P3.767-trillion 2018 appropriation.

Diokno has explained that this year’s obligation-based budget should not be compared apples to apples to the cash budget proposal for next year.

According to Diokno, the cash-based equivalent of the 2018 budget was P3.324 trillion.

He had noted that “73 percent of the countries around the world, as well as the private sector, are implementing a cash-based budget.”

“This is the way to go if you want transparency and efficiency,” he said. “Annual cash-based appropriations will also encourage a more open and accountable government. In this new system, agency performance will be measured not on contracts awarded or obligated but on the actual delivery of goods and services that will improve the lives of Filipinos.”

NOPTI sets review sessions for LET

The National Organization of Professional Teachers Inc is holding its regular review classes for prospective takers of the Licensing Examination for Teachers to be administered by the Professional Regulation Commission in Hong Kong this September.

The regular review classes are held every Sunday until Aug 26 at the Bayanihan Center in Kennedy Town.

The final coaching will be conducted by the Carl Balita Review Center at the Bayanhihan Hall on Sept 2, Stanley Community Hall on Sept 9 and Bayanihan Hall on Sept 16.

Join the Coins for Bethune House fund-raising project

The Bethune House Migrant Women’s Refuge is calling on more organizations and individuals to join its annual Coins for Bethune House fundraising project, which is meant to raise funds to sustain the shelter’s programs and expenses.

Those who wish to join may collect cans or jars for their donations from the Mission for Migrant Workers office in St John’s Cathedral on Garden Road, Hong Kong, or from the Bethune shelter on #2 Jordan Road, Kowloon.

Those who have already filled their cans are enjoined to submit them as soon as possible to #2 Jordan from Monday to Saturday, and to the Mission office on Sundays. The deadline for submitting the cans is on Sept 30.

The first counting of donations made through the cans began on Aug. 12, and will continue for the next Sundays until the deadline.

Bethune House executive director Edwina Antonio is appealing for more help, citing a financial crisis brought about by the unexpected withdrawal of funding support from big corporate donors.

“We are always grateful and thankful for the support the Filipino Community extends to our migrants in distress, especially women. And as everybody knows, the Bethune House is undergoing a crisis to come up with a significant amount to augment its finances to sustain its programs and expenses,” she said.

“It is during times of need that challenges turn into opportunities. It is through this that the Coins For Bethune House project was born years ago. It continues to help sustain us, which is why your coins are very much welcome,” Antonio also asserted.

For enquiries, please call 27213119, 25228264 or 93572125.

Note from Bethune House Migrant Women's Refuge: “We met this young girl when we visited Bradbury School. She came to us with her teacher, holding a hundred dollar bill. She said  she and her sister made chatterboxes to sell to raise money for Bethune House. She is worried about the women at Bethune House. We, the residents were speechless by her compassion, sense of charity and social responsibility at her age, so humbled and touched by her gesture.”

Pinay in reported suicide to be flown home

Ariel (in red shirt) and other relatives meet with
CG Morales (in suit) at the Consulate

By The SUN-HK

Consulate officers say the remains of the Filipina who allegedly hanged herself at her employer’s home will be flown home on Aug. 27.

A day before this, or on Aug. 26, a Sunday, a public viewing of her body will be held at the North District Hospital in Sheung Shui, from 12 noon to 3pm. Mourners are requested to wear white.

According to Lorna Obedoza, welfare officer at the Philippine Overseas Labor Office, the employers of the victim had paid for the repatriation, and also paid for long service for the seven and a half years that the Filipina had worked for them.

The employers also reportedly asked for understanding from those who had been bashing them because they did not show up at the hospital where their longtime helper was in critical condition for about a week before she was taken off life support.

According to Obedoza, the employers said they were also distraught at the helper’s passing, as she had been with them for a long time.

The victim’s husband, who is to fly back home to Anini-y, Antique to await his wife’s repatriation, had earlier called on the police to look into a possible foul play in the death of his wife.

Ariel, who also met with Consul General Antonio A. Morales on Aug. 13, said he did not believe his wife had committed suicide.

Ariel told The SUN his late wife, who would have turned 33 years old on Aug. 18, had not told him of any problem except for alleged death threats she had been hearing shortly before she was found dead.

“Lagi po kasing naririnig ng misis ko na papadampot siya at patayin,” Ariel said, but did not specify who might have been behind these threats.

He said his wife had told two of her friends on Jul 31 about the death threats but did not have time to report them to the police or Consulate.

Ariel also claimed his wife’s phone had been emptied of messages and reformatted when police recovered it. In addition, a piece of luggage where she hid her work contract and other important documents were reportedly missing.

Ariel corrected earlier reports that they had just gotten married, saying they were wed on June 25, 2009. His wife just went home recently to celebrate their ninth wedding anniversary with him. They had no children.

Other relatives told Morales that the victim, who used to work as a sales lady at a department store, used to take her day off only once a month and seldom met up with them.

The victim, who was briefly revived on being taken to hospital, was taken off life support system at 2pm on Aug 8, nearly 48 hours since she was declared brain-dead by doctors in the intensive care unit.

One of her cousins said that contrary to earlier reports, the victim was found by her employer in the toilet, and not in the maid’s bedroom of their luxury villa in The Green, Sheung Shui in the morning of Aug. 1.

Reports said the maid had hung herself with a wire, although a bottle of pesticide was also found in the room. There was no suicide note.

Police had indicated they found nothing suspicious, and were only investigating the reason for her suicide.

After talking to the victim’s relatives, Morales said the Consulate needs to conduct seminars for Filipino workers here on mental health. He added that they need to call the PCG immediately if they are troubled.

“We will be holding seminars to teach our workers how to cope with stress so that we can avoid tragedies like this,” Morales told The SUN. He said the Consulate’s hotline is also open 24 hours a day to answer calls.

“We have counselors here who can give them advice if they have problems,” he said.

The same advice was given earlier by Consul Paulo Saret, head of the assistance to nationals section. He said OFWs should also talk to relatives and friends about their problems to get these off their chests.

They could also call The Samaritans, which runs a 24-hour multilingual suicide prevention hotline at 2896 0000. Emails can also be sent to jo@samaritans.org.hk.

Allied Express Travel opens two new branches

Within just a week, Allied Express Travel opened two new branches in Hong Kong, in a bid to expand its market share of the Filipino market.
The first new branch opened on Aug. 5 at the Hop Yick Commercial Centre at 33 Hop Choi Street in Yuen Long. The second opened on Aug. 12 at shop 201 in Worldwide Plaza in Central.
Daisy Briones, chief executive officer of Allied Express Travel, said she was overwhelmed by the warm response from the public to their “Two Grand Openings,” especially the one at Worldwide Plaza.
“We had a soft opening of our Worldwide branch a few days before the grand launch, and the customers just started coming, mostly walk-ins,” said Briones. “We are truly grateful for this warm reception.”
The company’s chief operating officer, Jassen Trankow, said Allied Express Travel aims to build up customer trust and satisfaction as it continues to expand its operations.
Among the guests at the travel agency’s grand openings were representatives from Philippine Airlines and Cebu Pacific, media people, friends and family members.

Customers and staff celebrate the grand opening the World Wide Plaza (photo above) and Yuen Long Branch (photo below) of Allied Express Travel. The two events were attended by Daisy Briones, CEO of Allied Express Travel; Jeffrey Briones, manager of Allied Express and Jassen Trankow, COO of Allied Express, as well as representatives from Philippine Airlines and Cebu Pacific.

Allied Express Travel, which was founded in 1995, still has its main office at No 3 Queen Victoria Street in Central.