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Labour officer rules that employer's holiday not DH’s annual leave

Posted on 17 August 2019 No comments
Tribunal officer said FDWs cannot be considered to be on leave just because their employer leaves town

By Vir B. Lumicao

In a ruling that could impact a lot of foreign domestic workers in Hong Kong, an
officer at the Labour Tribunal said an employer who leaves Hong Kong with his family cannot consider their absence from home a vacation leave for their helper if she decides to stay behind and do her chores.

Presiding officer Isabella Chu made the statement on Aug 15 as she thumbed down employer Li Jinyi’s attempt to avoid paying just over $500 for the unused annual leave of his dismissed Filipina helper, Mary Ann Villanueva.

Li had argued that the maid was idle while the family was away, so she could be deemed to be on vacation.
But after Chu dismissed the argument, Villanueva and Li ended a two-month stalemate by agreeing on a $6,312 payout to the maid. 

The sum was reached after Li and his wife talked to Villanueva outside the courtroom to get the $7,762 proposed settlement computed by the presiding officer reduced further.

Villanueva had claimed $3,675 in arrears in wages, $4,390 wage in lieu of notice, $543.31 for unused annual leave, $100 travel allowance, and $700 for one-way air ticket.

She was terminated by Li just eight months into her two-year contract, saying in a three-page statement that he was dissatisfied with her performance.
But, after Chu computed what he should be paying, Li said he would file a claim for one month salary in lieu of notice, since it was Villanueva who allegedly terminated her contract.

“I just don’t understand it. In your statement you used three pages to say you were not satisfied with the claimant’s performance so you dismissed her. You gave a her a month’s notice on Jun 6, so, why do you say she left her employment?”  Chu asked Li.
The employer said that after he served the notice, Villanueva should have continued to do her work “but she did something that angered us,” Li said, while his wife butted in and said the helper was always on her phone.

But Chu, who had read Villanueva’s statement, said the helper could not work because the couple didn’t allow her to do so.

Unable to do anything, the maid left Li’s house on Jun 9 and took her case to the Labour Department.
 ==
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Heat stroke suspected in elderly Pinay DH’s death

Posted on 15 August 2019 No comments

Pamemla Youde Nethersole Eastern Hospital where the victim was declared dead o n arrival.

By Vir B. Lumicao
A 63-year-old Filipina domestic worker with a known heart ailment was found dead on Monday morning, Aug 12, in her bed in Shaukeiwan, a likely victim of heat stroke.
The helper, Milagrosa M. Aligaen, a widow with two grown-up sons, was discovered dead by her 62-year-old employer on the lower deck of a bunk bed that they shared in the latter’s flat.
Aligaen’s sister-in-law, Elsa Cordero, said the employer called up police on Monday morning after she found her maid already lifeless.


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The officers who responded called an ambulance crew that took Aligaen to Pamela Youde Nethersole Eastern Hospital where she was certified dead, said Cordero, who was also contacted immediately by the employer.
The actual cause of her death is still being determined by the coroner.
Aligaen, a native of Maasin, Iloilo, had been complaining about a heart problem and taking maintenance medicines, said Cordero.

During their last meeting on Sunday Aug 12, Aligaen complained to Cordero that she could not sleep and had difficulty breathing due to the hot weather in the past few days.
“Sinasabi niya naiinitan siya at nahihirapang huminga dahil sa init pero ayaw ng amo niyang magbukas ng aircon,” Cordero said.
She said the employer’s flat was small so they had to share the double-deck bed, with the employer occupying the upper deck. To cool herself, the victim reportedly used a tiny portable electric fan.

The Hong Kong Observatory has issued a hot weather warning over the past several days as the city baked under high temperatures of 33 to 35 degrees Celsius.
Aligaen was hired seven years ago to take care of the employer’s father, who is in a home for the elderly, Cordero said. The deceased came to work in Hong Kong in 1990.
While the employer worked at a 7-Eleven store in the area, the maid reportedly had to go to the elderly home everyday to look after the old man’s needs.
On Wednesday, the employer went to the Overseas Workers Welfare Administration to report the death of Aligaen and work on the required documents for her repatriation.
Cordero said the employer wants the deceased cremated, but Aligaen’s sons, who had already been informed of their mother’s death, want her flown home and buried in her hometown.
The remains are in Victoria Mortuary in Kennedy Town but will be moved to a funeral home in Hung Hom for a planned public viewing this Sunday, Aug 18, Cordero said.  
 ==
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‘Bayaran’ story grips HK Filcom

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Protesters fill the arrival area of the airport. (Photo by JP Goroy)

By The SUN

Amid the simmering tension in Hong Kong between anti-government protesters and police, stories have emerged about Filipino domestic workers supposedly being offered $3,000 to further create trouble by throwing bricks at the police.

While many have dismissed the story outright for being ridiculous, given that protesters are mostly students who cannot afford paying agitators, quite a few said it was true, and their employers were the first to warn them against taking up the offer.

Filipino community leader Rodelia Villar said three Filipina workers had each sent her a message saying the same thing, that their employers had reminded them not to accept money in exchange for joining the protests.

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She said that one “village” management had sent out warnings about this.

The story appears to have gone around in the local Chinese community that employers had thought it credible enough to warn their helpers.

One said in response to the post that her employer had told her $10,000 was being offered to each agitator, but warned her that the punishment could be 10 years in jail if she was caught joining the fray.

The employer in this case appeared to have referred to the maximum penalty imposed on those convicted of rioting, which is what the government warns protesters they could be charged with.

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Most others who commented sounded like they never heard of the supposed money offer, but acknowledged that their employers had told them to stay away from the protests.

Migrant rights activists, while acknowledging that OFWs are better off staying away if they don’t want to be caught in a tight spot, warn the volatile situation could be used by some employers to deprive their helper of a day off.

Others appeared inclined to believe the money offer, and expressed hope that OFWs enmeshed in debt would not be tempted to accept it.

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One chimed in jest: “Maganda (kung) yun na lang bangko (finance company) ang bombahin nila para mawala records. Abswelto na kaming madaming utang.”

Another kidded: “Lodi, kung 1 milyon yan sali ako sa martsa, tapos diretso sakay ng eroplano (pauwi).

But others were clearly not amused. “Kanila na lang 3k nila, susme hindi ko ipagsasapalaran ang pamilya ko para lang dyan,” one said.

Another stated the obvious, given that no one has actually stepped forward to admit being offered money. “Wala pong nagbabayad ng 3k, lol. Sabi-sabi lang yan.”

At least one said she had been asked to join a “Pro-Chinese’ rally, but it did not come with a monetary reward, just free food and “protection.” “Pero di ako sumali,no, kahit bayaran pa nila ako.” she said.

The talks also found their way into the Consulate. Acting head of post Germinia Usudan said she had heard rumors that even employers had offered to pay their Filipino help $3,000 to participate, but they declined.

That part about workers turning down the money offer she believes could be true. “ I think it’s an insult to say na ‘nagpa-participate dahil nabayaran.’ Maaring mag-participate dahil gusto talaga. Pero para bayaran upang magparticipate at isakripisyo ang kanilang safety, I think unfair yun… I find it insulting,” she said.
 ==
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Stay away from protests and fly from Macau if you must, Pinoys told

Posted on No comments


By The SUN

The Consulate has reiterated its advice for Filipinos in Hong Kong to stay away from anti-extradition protests to avoid getting hurt, in the wake of escalating tensions between the protesters and the police.

Those who need to fly out should do so in Macau if they can buy tickets to leave from there, said Acting Head of Post Germinia Usudan.


Her advice came in the wake of an unprecedented shutdown of Chek Lap Kok Airport on Aug 12, after tens of thousands of protesters swarmed the massive facility.

Most flights in and out of Hong Kong were again cancelled the next day as protesters stormed the airport anew, and physically tried to stop some of the passengers from leaving.

Amid the sporadic chaos, the Philippine government advised its nationals to put off traveling to Hong Kong in the meantime.

Presidential Spokesperson Salvador Panelo said in a news conference on Aug 13 that it was “not the right time”, given the cancellation of flights to and from Hong Kong, a popular international destination among Filipinos.

“Avoid muna going there. That’s the advice kasi you’re not sure whether you’re going to reach Hong Kong in the first place,” Panelo explained.

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But he reiterated that the government has no plans to issue a deployment ban to Hong Kong, where there are 210,000 Filipinos employed as domestic workers.

Philippine Labor Secretary Silvestre Bello III earlier said he had ordered a slowdown in the processing of contracts of Hong Kong- bound domestic workers, but stopped short of calling for a halt in their deployment.

Usudan said OFWs who are due to take a vacation in the Philippines should ask their employers to rebook their tickets to a later date, or allow them to fly out of Macau.

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At least one Filipino traveling to the US took this route on Aug 12, when he needed to fly out urgently but his flight out of Hong Kong was cancelled due to the rally.

Usudan said she had sought the help of Consul General Lilibeth Deapera in Macau and she agreed to provide Consulate assistance to passengers who are forced to fly out from there because of flight cancellations at Chek Lap Kok.

On the second day of the massive protests at the airport on Aug 13, some 160 outbound and 150 inbound flights were again cancelled but, fortunately, all Philippine Airlines and Cebu Pacific flights arrived as expected before lunch, Usudan said.

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But she said the Consulate’s primary concern is the welfare of the workers here.

“We have been consistent in our advisory to stay away, huwag sumali para sa kapakanan or safety,” Usudan said in an interview on Aug 13.

But she said the Consulate is not concerned about their political inclinations, just their safety.

“Nandito lang sila para magtrabaho, so iwasan na lang nila ang makasama sa mga ganung protesta, kasi welfare ang aming concern, hindi yung political inclination nila,” she said.

Usudan said the Hong Kong government has not asked the Consulate for assistance to stop the Filipinos, who number around 250,000 here, from joining the protests.

But she said that it is to everyone’s best interest that Filipinos stay away from the protests as the situation is very fluid with the rally organizers unknown, and the Hong Kong government’s next moves cannot be predicted.

“So, to subject our nationals to a very fluid situation is very dangerous … kaya huwag na muna tayong makisali,” DCG Usudan said.

So far, none of the Filipinos here, except for the Hong Kong Disneyland employee who was arrested in a Mongkok rally two weekends ago, have been caught in protest-related skirmishes, she said.

She said this is because OFWs here are very careful, intelligent and very much aware of what’s been happening because of social media.

Fortunately, except for the US-bound traveler, no other Filipinos stranded at Chek Lap Kok had to seek their help.

But with thousands of flights halted during the two days of protests at the airport, there was bound to be several Filipinos affected, including a former domestic worker who was due to be flown home by a relative after suffering a mental breakdown two days earlier.

At least one prominent member of the Filipino community was also unable to take her connecting flight to Manila from the US because of the lockdown.

Meanwhile, fierce clashes continue to erupt sporadically between police and protesters fighting off an extradition bill that could pave the way for accused people in Hong Kong to be sent to China for trial.

Some of the violence also involved suspected gangsters who had used knives and various weapons to launch unprovoked attacks on protesters while police were nowhere in sight.

One of the fiercest clashes happened in North Point on the night of Aug 4, when burly men wielding long poles attacked a group of protesters walking on King’s Road toward the police station.

No police officers were around to stop the fierce attacks which were caught on video by several bystanders.

Another violent encounter happened on Aug 11 when a lone protester was shown on video being pinned to the ground by the police along busy Yee Wo street in Causeway Bay, and hit repeatedly despite bleeding profusely and saying “I am sorry, terribly sorry.”

But the worst incident happened on the same night in Tsim Sha Tsui, where a young woman was shot in the eye with what appeared to be a bean bag round that smashed through her goggles. Online reports said her eyeball had burst and she could end up blind.

The series of violent clashes that occurred across Hong Kong that day led to the occupation of Chek Lap Kok Airport the next day.

More protests are being planned over the next days, including a mass gathering at Victoria Park on Sunday, Aug 18. Organizers, the Civil Human Rights Front, said at a news conference that protesters will march to Chater Road in Central in protest of “corrupt police.”
 ==
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