Kwentong droga

Ni Vir B. Lumicao

Noong umpisa ng Agosto ay isang kapwa-OFW natin dumulog sa Konsulado upang magtanong doon kung maaari siyang sumaglit sa Pilipinas bago magtungo sa Canada para magtrabaho roon. Ang dahilan: nais niyang masilayan sa huling pagkakataon ang kanyang kapatid na lalaki bago siya lumayo.
Noon ay ikalawang araw pa lang ng pagkakapatay sa kapatid ng OFW. Binaril diumano  ng mga lalaking nakamotorsiklo ang biktima nang lumabas ito sa lansangan.
Nagkataon din na noong Agosto 1 ay iniharap sa hukuman ng Tsuen Wan ang isang turistang Pilipina na nasabat ng mga tauhan ng Customs habang may dalang mahigit 700 gramo ng cocaine sa Hong Kong. Ang droga ay nagkakahalaga umano ng $750,000.
Ang cocaine ay isang uri ng bawal na gamot na gawa sa Latin America mula sa puno ng coca. Idinaraan ito ng sindikatong Colombian sa Pilipinas at sa iba pang mga bansa bago  dalhin sa huling destinasyon tulad ng Hong Kong.
Nakababahala ang pagkamatay ng kapatid ng OFW dahil kusang sumuko diumano ito sa mga awtoridad, at nabigyan ng katibayang dati siyang gumagamit ng droga at gusto nang magbagong-buhay.
Gayundin, nakaliligalig ang balitang muling nakalusot sa Ninoy Aquino International Airport ang ganoon karaming cocaine sa kabila ng ibayong kampanya ni Pangulong Duterte laban sa droga. Iyon ay nangangahulugang mayroon pa ring mga galamay ng sindikato na nagpapalusot sa NAIA ng mga tagadala ng droga.
Kung susuriing mabuti ang mga balita ukol sa mga napapatay at pinapatay sa kampanya ng gobyerno laban sa droga ay nakakatakang ang karamihan sa mga napapatay ay tila maliliit na tagatulak lamang ng bawal na gamot, at iilan lang sa mga ito ang supplier ng droga.
Pati na ang mga durugista, yaong mga sugapa sa bawal na gamot na kung tutuusi’y mga biktima, ay napapasama sa mga itinutumba at sinasabitan ng kartong may nakasulat na babalang sila ay mga tulak o kaya ay adik sa droga.
Natatandaan pa namin na noong kumakandidato pa lamang si Pangulong Duterte ay nangako siyang uubusin niya ang mga nagsu-supply at nagtutulak ng mga bawal na gamot dahil sila ang sumisira sa mga kabataang Pilipino.
At noong nanalo na siya sa eleksiyon nang malaki ang kalamangan sa mga nakalaban ay agad-agad nang sinimulan ng pulisya ang “paglilinis” sa mga itinuturing na nasa likuran ng industriya ng bawal na gamot sa bansa – iyon nga lang at puro maliliit ang mga bumubulagta sa kalsada.
Naisip tuloy naming baka ginagamit ng mga bulok na elemento sa kapulisan, yaong mga mayhawak diumano sa maliliit na pusher, ang pinag-ibayong kampanya upang itumba ang mga taong posibleng magturo sa kanila bilang mga supplier ng droga.
Ito ay isang malaking posibilidad dahil hindi lingid sa sambayanan na sa bawat barangay, bayan at lungsod sa Pilipinas ay may masasamang elemento ng kapulisan na siyang kumukuntrol sa lahat ng bisyo sa mga pook na iyon, at kadalasan ay sila rin ang nakakasagupa ng mga kapwa alagad ng batas na pumupuksa sa mga bisyo.
Isang sapantaha lang namin na ang kasalukuyang pamamaslang sa mga diumano’y tagatulak at sugapa sa bawal na gamot ay isang malawakang pagliligpit sa mga “asset” ng pulisya na posibleng kakanta.
Ngunit kung totoo ang aming suspetsa, higit na nakababahala ang nangyayari dahil lalabas na ginagamit lamang ng mga maykapangyarihan ang kasalukuyang pagpapadanak ng dugo upang pagtakpan ang kanilang masamang aktibidad.
At sa pagpapatuloy ng pamamaslang sa maliliit na tagatulak, mga adik na mga biktima ng bisyo, at mga inosenteng tao, kasabay ng pagpapatuloy ng pagpapalusot ng mga sindikato ng kilu-kilong droga sa NAIA, malinaw na hindi natutumbok ng kampanya ni Pangulong Duterte ang ugat ng suliranin sa droga.
Lalo lamang lalaganap ang inhustisya at mawawalan ng saysay ang kanyang kampanya.

Correcting (Mis)information

By Cynthia Tellez

This article aims to clarify a couple of things that domestic workers are usually misinformed of, or about which they don’t get complete information.
The Mission for Migrant Workers usually gets inquiries on: the date on which the contract takes effect, the probationary period, statutory holidays, and computation of daily wage.
Most of the complainants we receive in our office are new arrivals in Hong Kong or are in their first six months of the contract. Thus, they do not know other persons in Hong Kong other than the placement agency representatives so we hope to reach those in similar condition through this article.

Start of contract

The contract depends on your visa. The contract says that it takes effect upon your arrival. It is in Clause 2. a.  which says “The Helper shall be employed by the Employer as a domestic helper for a period of two years commencing on the date on which the helper arrives in Hong Kong”.
The usual (mis)understanding or what the agency representatives (AR) make you believe if you are the worker, is that your contract starts when you arrive in your employer’s house or the address in your contract as your workplace and abode. In many cases, the AR takes you to the Immigration Department to apply for a Hong Kong Identity Card first; or sometimes takes you to undergo medical examination if the employer requires it, and unfortunately, in some other cases, you are also made to sign a loan agreement for agency fees.
The days you spend doing all these should neither be reckoned as your day-off nor removed from your working days in the contract because “you haven’t started”.  These or any other official activities imposed on you by the agency are already part of your working days in the contract. Even if the employer happens to be away for holiday or for whatever reasons, those days are already part of the employer’s responsibility to you. It is not the day when you enter the employer’s house that the contract starts, it is when you took the plane that brought you to Hong Kong. That is precisely why the “travelling allowance” covers that travel from your place of origin to Hong Kong in the shortest manner.

“Probationary period” and statutory holidays

There is no such thing as probationary period.
You are a foreign worker, treated as an alien, with no permanent domicile in Hong Kong and with a visa that allows you to work at a specific household address during a specific period of time. You cannot be left uncertain upon arrival.
This goes, too, for the misconception that many placement agencies make you and your employer believe: that you are not qualified for statutory holidays in the first three months of the contract. They confuse the provision in the Employment Ordinance of Hong Kong that says that a worker can only avail of a paid holiday after three months of continuous work. This provision only refers to the unspent holiday that cannot be paid with money, but it does not mean you are not allowed to go out on a statutory holiday. You can go out , even when your first day at work or your day of arrival, happens to be a statutory holiday.
The ordinance says that if the employer cannot give you the holiday on the specified statutory date, alternative day or another day should be assigned within the next 60 days. What you cannot do is to exchange that holiday for cash. Neither can your employer deduct your salary for the days that you took the day off because they were statutory holidays, within the first three months of your contract.
Those who were forced to not take statutory holidays that fell in the first three months of the contract  can claim these when the contract ends prematurely or upon completion.
Upon completion or premature termination of contracts, annual Leave pay can also be claimed as these are earned while you work continuously with the same employer. A domestic worker who works continuously for three months qualifies for the statutory annual leave of  seven days for the first two years. If the contract is prematurely terminated after three months, one can get what you call a pro-rata pay for the annual leave earned.
For example, if you are in your sixth month and your contract was terminated: you can get the equivalent number of days with this formula: 6/12 months = .5 which means you finished only “.5” of the year. Multiply this by seven days (.5  x  7 days). The annual leave for that year  equals  3.5 days.  This means you have 3.5 days earned as your annual leave.
Please be aware that when annual leaves are taken before the end of the contract, the days off  that are included in the inclusive period should be computed separately. The same is true if some statutory holidays were used during the vacation period.

Daily wage

We are aware that computing the daily wage is another point of argument. In many cases, the days when the statutory holiday (or any holidays, leaves, days-off for that matter) is computed, the monthly salary is simply divided into the number of days in that particular month. If you do that, if the salary is divided into 30 or 28 days, you win and your employer loses. But if it falls on a month with 31 days, you lose. So being a monthly wage earner, the computation should be to take  the average daily wage by getting the whole year’s salary. For example: HK$4,210  x  12 months = HK$50,520 for the whole year. Then divide the total by 365 days which is the number of days in a year: HK$50,520 / 365days  =  HK$138.40. This is your average daily salary.
If these computations still look confusing, you may contact the Mission for Migrant Workers at 2522-8264.
But lest you forget, these are your rights and to be able to decide wisely, you should know your rights.

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This is the monthly column from the Mission for Migrant Workers, an institution that has been serving the needs of migrant workers in Hong Kong for over 31 years. The Mission, headed by its general manager, Cynthia Tellez, assists migrant workers who are in distress, and  focuses its efforts on crisis intervention and prevention through migrant empowerment. Mission has its offices at St John’s Cathedral on Garden Road, Central, and may be reached through tel. no. 2522 8264.

‘World’s largest pearl’ found in Palawan

A fisherman in Palawan hid a giant pearl under his bed as a ‘good luck charm’ for 10 years, unaware that he had already struck gold when he found it. 

The 37-kg pearl, now believed to be the largest, is possibly worth millions of dollars, and could change the course of his life forever.

The 30 by 60 centimeter pearl is currently displayed at the Puerto Princesa city hall. Local officials are hoping to have gemologists assess its value soon. 

It was said to be discovered by the fisherman in a giant clam while waiting out a storm at sea. His aunt, Puerto Princesa tourism officer Cynthia Amurao, only told him of its potential value when he asked her to hide it for him when he moved to a new address. 

Before the discovery of this 34-kilogram pearl, the largest known pearl was the  ‘The Pearl of Lao Tzu’ also known as ‘The Pearl of Allah’. It weighed 14 kilograms, and was appraised by experts to be worth tens of millions of dollars. 

According to Puerto Princesa information officer Richard Ligad, the fisherman still owns the pearl as he has not signed any deed of donation to the city. 

The ‘good luck’ that he had hoped for in keeping the pearl for a decade may soon finally pay off. 

Judge calls out unequal treatment in illegal jobs case

The High Court houses the Court of First Instance

A judge at the Court of First Instance has taken a jab at the prosecution in a case of illegal work against a Filipina domestic worker, when he asked why her employer was out on bail and she was in detention.

At a hearing on Aug. 25, Justice Michael Stuart-Moore asked why in Hong Kong law “you’ve got the employer on bail and the employee in custody.”

He then allowed Adora Regodon to post bail after accepting an offer by a merchant-friend of the employer to put up surety of $10,000 for the helper.

“Today I will decide. I’m going to give you bail today when the $10,000 surety is paid in court. He’s very kind to put up surety for you,” Stuart-Moore told the Filipina.

The court heard that Regodon arrived in Hong Kong on Aug 8 to take up employment as domestic helper of a certain Rani Ramchandran, who operates a hotel on Nathan Road.

Regodon was caught several days later by immigration officers while allegedly working in the hotel. She and her employer were arrested.

The prosecutor said she feared Regodon would go back to work for the employer if she was given bail. A friend of the maid had previously offered to take her in but the friend’s husband reportedly objected.

The judge told Regodon to reside in the address given by the merchant who posted bail for her and attend the hearing set for Sept. 6. – Vir B. Lumicao

Bethune House appeals for more donations

Filipino community organizations and individuals are being asked yet again to help fund the needs of the Bethune House Migrant Women’s Refuge, which provides shelter and sustenance to women migrants in distress.

Bethune House, which cares for up to 30 migrant women in its two shelters in Sheung Wan and Jordan, needs $150,000 each month to pay for rent, food and other essentials.

Its funding comes mainly from donations, and in line with this, the annual Coins for Bethune House fund-raising drive was started five years ago with help from various Filcom organizations and The SUN.

Apart from helping raise much-needed funds for Bethune House, the project aims to raise awareness among the organizations about what the shelter does to help migrant women who not only need a roof over their heads, but also support with their cases and other needs.

The current Coins for Bethune project was launched at The SUN’s 20^th anniversary celebration in Chater Garden last year, and is slated to end on Sept. 11. Previous campaigns helped raise between $20,000-$50,000 for Bethune House.

Bethune’s executive director Edwina Antonio is urging all participating individuals and groups to submit their coin donations to the Mission for Migrant Workers office at Garden Road next to the St John’s Cathedral in Central before the deadline.

Coins for Bethune 2016 launch at The SUN's anniversary in Dec

Cash donations for Bethune House are used to run the two shelters that have provided temporary refuge since 1986 to distressed migrant women workers who mostly have pending labor and criminal cases against their employers.

Others are cared for at the shelter while undergoing treatment for cancer and some other serious medical condition.

Its clients are mainly Filipino and Indonesian domestic workers who were often banished by their employers in the middle of the night penniless and with nowhere to go.

Many of them claim to be victims of collusions between their employers and their employment agencies. The agencies allegedly force the helpers to take out loans to pay for illegal placement fees, and when they protest, their employers are asked to fire them.

The employer is then given a new maid without having to pay for the agency fee again.

In its Annual Case Work Report 2015 released in March, the Mission said 97% of foreign helpers with agency-related problems were charged by recruiters more than the legally mandated fees equivalent to 10% of the first monthly salary of workers.

Last year, cases related to fee collection by recruitment agencies made up 41% of total cases handled by the Mission. - The SUN

  

Sick Sluggers player opts to go home

Myla (left) and Cecil at HKIA

On Sunday, Sept 18, women’s team Philippine Sluggers will return to the pitch savoring the glory of playing again in A bracket of Hong Kong’s annual baseball league season.

But the team will be missing one buddy, Myla Someros, a founding member who went home for good on April 13, ending 14 years of working in the SAR and eight years of playing for the side.
One of her friends said she had myeloma, or cancer of the blood caused by a shortage of red blood cells. Other sources said she had pneumonia

The 47-year-old Someros, a single mother to an 11-year-old daughter, left Hong Kong quietly that Wednesday night escorted by her best friend, team founder and president Cecil Calsas, who turned over the ailing OFW to her family in San Enrique, Iloilo.

“I miss her because I consider her my family. Nakakalungkot na umuwi siya dahil sa karamdaman,” Calsas told The SUN in an online interview, reminiscing the night they flew home. They were seen off by Assistant Labor Attache Henry Tianero for their early morning flight to Iloilo City.

Calsas recalled how Someros was almost barred from boarding the plane by health screeners at HKIA because she was running a fever, but the Sluggers leader said she was able to talk their way through. Then they went through the hurdle at NAIA and passed.

Calsas said the former player was too weak to walk about in the Hong Kong International Airport terminal and had to use a wheelchair. She did so, too, when she changed plane in Manila and when she disembarked in Iloilo.

A staff from the Overseas Workers Welfare Administration office was at Iloilo Airport to assist Someros through the airport processes upon her arrival with Calsas

Back home, there’s a more serious hurdle that Someros must surmount: the reality of being penniless, as she has not received any financial help from the government, including OWWA.

“Nakakalungkot kapag naiisip ko po siya. Walang pinansiyal na tulong ang OWWA sa pagkakaalam ko. Parang pormalidad lang ang OWWA, dapat alisin na lang at i-refund ang contribution ng mga tao,” Calsas said.

OWWA is an insurance system that grants financial aid to OFWs who suffer permanent disability or dismemberment in work-related accidents or die of natural and accidental causes, but gives no cash benefits to seriously sick members.

A ray of hope is offered by a memorandum of agreement between OWWA and PhilHealth that offers a new medical aid to OFW members who are diagnosed with ailments that require hospitalization and long-term care.

MEDplus, which will be implemented starting this September, will match the benefit that PhilHealth grants to its members under its case rate system up to a maximum of Php50,000.

Myla with fellow Sluggers during happier times

According to welfare officer Lorna Obedoza, Someros will be eligible for the new medical aid, as she is an affiliate member until Nov 2016.

Someros belonged to a team of intrepid and talented domestic helpers who have opted to go to the diamond on Sundays to run, swing bats, catch balls, and dive on the pitch in practice or real play.

In the early days of Sluggers, she was a mainstay of the team along with Calsas and other original players who have since left Hong Kong for greener pastures or to settle down. – Vir B. Lumicao

Pinay na nahulog sa Lohas Park, iuuwi na

Ang yumao na si Rinalyn

Nakatakdang iuwi ngayong alas-10 ng gabi, Agosto 24, ang mga labi ni Rinalyn Idmilao Dulluog, ang kasambahay nga Pilipina na nasawi sa pagkakahulog sa Lohas Park sa Tseung Kwan O noong Agosto 9.

Dadalhin ang bangkay ni Dulluog sa Hong Kong International Airport pagkaraan ng public viewing mga alas-3 ng hapon sa Fu Shan Public Mortuary sa Tai Wai.

Sinamahan ng The SUN noong Linggo, Agosto 21, si Annabelle Pilien, ang tiyahin ng biktima, na humarap sa amo ng biktima para saksihan ang pag-abot ng kanyang sahod na umabot sa mahigit na $3,000 sa tanggapan ng Philippine Overseas Labor Office.

Si Pilien ang inatasan ng pamilya ni Dulluog sa Pilipinas upang makipag-unayan sa mga kinauukulan tungkol sa pagsasaayos ng mga dokumento ng biktima at ng pagpapadala ng kanyang mga labi sa kanilang bahay sa Santiago City sa Isabela.

Ibinigay na rin ng mga amo ang mga gamit ni Dulluog kay Pillien na nagpadala ng mga ito sa Santiago City sa pamamagitan ng door-to-door freight service noong Linggo. Bagamant nangako ang amo na ibibigay ang pambayad sa door-to-door, nagdalawang isip ito pagkatapos maipadala sa kanya ang larawan ng resibo na umaabot sa $680, at nagpilit na makita ang kopya ng resibo.

Nainis nang husto si Pilen nang sabihin ng amo na “it cost me a lot” para maipadala ang mga gamit ng namatay.

Sumagot naman ang kasama ni Pilien ng: “You only lose money, but us we lost our friend’s life”.

Ayon pa sa kasama ni Pillien, narinig nila ang amo na nagsabi ng “the devil is around” noong nakiusap sila na tulungan silang ibaba ang mga gamit ni Dulluog sa taxi stand. Dalawang kahon at dalawang striped bag ang iniabot na mga gamit kasama ang mobile phone ng biktima.

Nagkaroon ng pagkakataon na makausap ng The SUN ang kapatid ng biktima na si Reginaldo Dulluog na nagpasabi na pinoproblema nila ang malaking singil ng pagpapadala ng bangkay mula sa airport hanggang sa kanilang bayan.

Nang ipaalam ito ng The SUN kay Labor Attache Jalilo de la Torre ay pinatawagan agad nito si Reginaldo sa Overseas Workers Welfare Administration officers para matulungan.

Sa bandang huli, naliwanagan ng pamilya na hindi na kailangang gumastos pa para sa kabaong na nagkakahalaga ng Php69,000 dahil may kasama nang kabaong ang kahon na naglalaman ng mga labi pauwi ng Pilipinas.

Ang singil naman na Php30,000 para sa pagdadala ng mga labi ni Dulluog mula sa Ninoy Aquino International Airport pauwi sa Santiago ay sasagutin pansamantala ng pamilya ngunit nangako ang OWWA na sisingilin ito mula sa amo.

Samantala, sasagutin ng insurance ang $20,058 na gastos ng pagpapauwi ng bangkay mula Hong Kong hanggang Maynila, at ang sobra sa singil na humigit kumulang sa $8,000 ay sisingilin din ng punerarya sa amo.

Kasalukuyang nakikipagtalastasan pa ang pamilya ni Dulluog sa POLO at sa isang solicitor tungkol sa mga dapat pang masingil sa amo dahil ang pagkamatay ng Pilipina ay nangyari habang siya ay nagtatrabaho. Ang sabi kasi ng solicitor ay maari silang magsampa para sa employment compensation, at hiwalay na kaso para sa personal injuries.

Ayon kay Reginaldo, wala pang nakatakdang petsa ng paglilibing kay Dulluog. Pag-uusapan pa raw nilang mag-anak kung kailan ililibing kapag dumating na sa kanilang tahanan ang mga labi ng biktikma. – Marites Palma/Vir B. Lumicao

Another try at legislation for divorce advocates

Two bills seeking to legalize absolute divorce are pending at the House of Representatives.
Albay Rep. Edcel Lagman authored House Bill No. 116 which, he said, is a means for the “merciful liberation of the hapless wife from a long-dead marriage.”
Lagman, who also fought for the controversial reproductive health bill in his previous terms, said it is a “pro-woman” measure, noting that in marriages it is the woman “who is usually brutalized and it is the man who philanders and gets away with it.”
For activist women’s party list group Gabriela,  it is the fifth time since 2005 that it is pushing for the legislation of divorce in the country.
Gabriela was accompanied by other divorce advocates and lobby groups as they filed the bill in Congress Wednesday.
Under Gabriela’s bill, the following conditions must be met before divorce can be granted:
• the petitioner has been separated de facto from his or her spouse for at least five years at the time of the filing of the petition and reconciliation is highly improbable;
• the petitioner has been legally separated from the spouse for at least two years at the time of the filing and reconciliation is highly improbable;
•  when any of the grounds for legal separation has caused the irreparable breakdown of the marriage;
• when one or both spouses are psychologically incapable to comply with the essential marital obligations; and
• when the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of marriage.
In the bill of Lagman, the following are considered grounds for absolute divorce:
• psychological incapacity as defined under Article 36 of the Family Code;
• irreconcilable differences or conflicts between the married couple which are beyond redemption, or
• when either of the spouses secures a valid foreign divorce, canonical divorce, and gender reassignment surgery.
The bill likewise adopts as grounds for absolute divorce the grounds for legal separation and annulment of marriage provided for in the Family Code of the Philippines, which include: marital abuse, sexual infidelity, attempt against the life of the other, abandonment, de facto separation, conviction for a crime when the sentence is more than six years, contracting a subsequent bigamous marriage, drug addiction or habitual alcoholism, and lesbianism or homosexuality.
For annulment of marriage, the current grounds are lack of parental consent, vitiated consent, impotency, insanity and affliction of sexually transmissible disease.
Lagman said that while  “most marriages are supposed to be solemnized in heaven, the reality is many marriages plummet into hell – in irremediable breakdown, spousal abuse, marital infidelity and psychological incapacity, among others, which bedevil marriages.”
According to him, the bill gives an opportunity to spouses in “irremediably failed marriages” to secure an absolute divorce decree under limited grounds and well-defined procedures to avoid abuse, save the children from the pain and stress of their parents’ marital clashes, and grant the divorced spouses the right to marry again for another chance to achieve marital bliss.
The Philippines is one of only two countries in the world today which has no law on absolute divorce, after voters in Malta recommended by referendum the approval of its own divorce law in 2011. The other country with no divorce law is the Vatican City.

Cancer patient goes home after failing to get treatment

By Vir B. Lumicao

Cancer-stricken domestic worker Dolores Laganes made her final exit from Hong Kong on July 29 after failing to receive the free chemotherapy treatment she had badly needed.
The 50-year-old Laganes, who is suffering from stage 4 cancer, is now confined at the Bicol Medical Center in Naga City due to inflammation in her brain caused by a tumor, her sister Merly told the SUN.
The sister accompanied Laganes on her trip home because she was too weak to walk.
She had earlier been granted a recognizance paper by the Immigration Department so she could stay in Hong Kong longer to get treatment. But when she returned to Prince of Wales Hospital in Shatin, she was refused further free chemotherapy treatment.
Completing her treatment at a government hospital here was her only hope of surviving the disease, which started in her left breast and spread to her lungs and onto her brain, causing her partial blindness and inability to move her eyeballs.
On July 7, a day after Laganes was sentenced in court, she went to the hospital where she was confined for a day. But the next day doctors told her the hospital could no longer provide her free chemotherapy treatment because it was very expensive and many local cancer patients also needed it.
“They told me I better return home and seek treatment there,” Laganes said.
Consulate staff who handled Laganes’ case were earlier upbeat after learning she had been granted recognizance on the day she was handed a suspended seven-day sentence by the Shatin Court for overstaying here more than a month ago.
They told the patient that she could stay to get free treatment.
“Just report to the CIC (Castle Peak Immigration Centre) and go through their clearance process then go back to the hospital for the continuation of your treatment,” said the officers.
It turned out that the advice was not valid at all times.
Failing to avail of the much-needed treatment, Laganes told Immigration that she wanted to leave soon. But “soon” meant another month-long wait because, aside from the clearances, Laganes had no fare money.
“I went to the Consulate to beg for money to buy my plane ticket, even just for one way, but I was told a request for that would take time as it still had to be cleared with the Manila office (of the Department of Foreign Affairs),” the patient said.
Told about her predicament, Immigration booked a serat for her on a Philippine Airlines flight to Manila on Aug 5 with an onward connection to Naga Airport in Pili, Camarines Sur, the next day.
Laganes said she had been an OFW since 1995 when she was 27 years old, first as caregiver in Taiwan. She went home after two years and spent some time with her mother and children. Then she returned to Taiwan to work another two years.
After this, she went back home, but when her savings were depleted she decided to apply for domestic work in Hong Kong in 2002. In 2012, she went home again, spent time with her family and returned to this city in 2014.
“Now here I am, unable to finish my two-year contract because I got sick. When my employer found out I had cancer, she advised me to go home, but I told her I could still work,” Laganes said.
Then in April while doing her daily chores she suddenly fell dizzy and went blind. The employer had to call 999 for assistance and took her to the hospital. Doctors told her the cancer had spread and she had a brain tumor. On May 2 she terminated her employment.
Laganes was to have left Hong Kong after her 14-day visa extension, but she chose to overstay for medical reasons. On June 2, she was arrested during an ID check by police and was detained in hospital.
Laganes had no regrets leaving Hong Kong in such a condition. “Mabuti na rin at makakauwi na ako, Kuya,” she said. She sounded tired and resigned to her fate.

Hone skills and set up birthing clinics, midwives urged

Midwives belonging to the IMAP and LOFM Hong Kong chapters pose with Dr Michael Manio, Labatt Jolly de la Torre, and guest speaker Cecilia Santos after the general assembly at the POLO.

By Vir B. Lumicao

Delivering a baby in a country like the Philippines where 45,000 infants are born each day and private healthcare is beyond the reach of the majority is a huge concern for expectant mothers.
But for overseas Filipino workers who are licensed midwives the dire situation has opened up opportunities.
Cecilia B Santos, former health assistant secretary and now president emeritus of the Philippine League of Government and Private Midwives Inc., says returning OFW midwives could consider setting up their own birthing clinics.
“Sa mga midwives ay napakagandang opportunity ang naghihintay sa kanila sapagkat magkakaroon sila ng pagkakataong magpatayo ng birthing centers,” Santos told The SUN at the general assembly of Hong Kong-based Filipino midwives on Aug. 7.
Santos said the government can help the OFW-midwives reintegrate back home by providing them training and financing to set up their own birthing centers.
The Department of Health provides the professional training that the returning midwives need, and also assists them in complying with the requirements for putting up their birthing centers, Santos said.
Addressing the assembly as guest speaker, Santos emphasized the need for the group to hone their knowledge and skills through continuing professional education so they won’t have problems re-joining the profession later.
She cited the refresher seminars being organized by the Integrated Midwives Association of the Philippines-Hong Kong and the League of Filipino Midwives-Hong Kong as platforms for enhancing their knowledge.
Another seminar of this kind is being planned for September by POLO and the midwives’ associations, Labor Attache Jalilo de la Torre announced before the more than 100 people who took part in the assembly.
It was Labatt De la Torre, Tetchie Blanco, IMAP-HK president Brenda Atrero and LOFM-HK president Juanita Sola who brought the midwives together.
The other speaker at the event was Dr Michael Manio, Hong Kong University professor and founder of the Domestic Workers Empowerment Project, who spoke on mental health, depression and suicide.
Manio urged the midwives-helpers to help identify, through their training, compatriots who show symptoms of mental problems, depression and suicidal tendencies and take preventive measures.
The setting up of privately-run birthing centers is being pushed by the DOH as a solution to the overcrowding in public maternity hospitals, as the country grapples with a 1.61% annual population growth,
Santos said previous owners of birthing centers among the OFWs were given the opportunity to take out loans whose sizes depended on their capacity to repay.
“Tinutulungan po sila na makapagpatayo talaga ng mga inprastruktura,” she said.
She said returning midwives who are interested in putting up birthing centers should secure a permit to operate from the DOH, and comply with space requirements for the facility.
Santos said hundreds of birthing centers are now operating across the country, but with the continuing population boom, the demand for these facilities remains high.

Nurses receive free training on dementia

Perticipants complete the Elderly Care Training, at the POLO office with Labatt Jalilo dela Torre.

By Marites Palma

A total of 17 Hong Kong-based Filipina nurses were given a free seminar on dementia  care on Jul 31 at the Philippine Overseas Labor Office in Admiralty.
The seminar, which tackled the loss of memory and other mental abilities which is often associated with old age, was offered by the Jockey Club Centre for Positive Ageing.
It was in line with Labor Attache Jalilo de la Torre’s efforts to find alternative work for Filipino professionals working as domestics in Hong Kong.
The Centre’s Mariam Lee who is the service manager of the seniors’ training program, led the seminar, along with the core group of Philippine nurses in Hong Kong.
Lee praised Filipino workers for being loving and caring, as can be seen from the way they take care of families in Hong Kong.
One of the participants, Kristine May Yu, reacted by saying she was shocked by how badly the local staff at a nursing home were treating the senior clients there. She said she even argued with one employee because she witnessed the rude treatment given to a resident.
Lee replied that what Yu said could be true, largely because there are not enough staff to look after the elderly in such facilities. She encouraged those who witness any maltreatment to bring the matter immediately to the attention of authorities.
According to Lee, the training was designed to help ease the burden of Filipino workers looking after elderly wards.
She said the elderly has special needs, from physical, psychological and emotional, to social, spiritual and even intellectual. They also need to have a safe environment, and to be made to feel that they are safe and secured, loved and cared for.
Despite their age, they still need to feel recognized and appreciated for their ideas, abilities and talents. Thus, it is important that their choices are followed, and that they are given the chance to make their own decision, like what clothes they must wear.
To help seniors better, a caregiver should have the ability to identify problems and solve them. The carer should also make an effort to understand the elderly, and avoid judging or overreacting toward them.
The seminar was given the thumbs up by the participants, especially those who have elderly wards to look after.
One of them was Jojo Cosme who arrived only two months ago to look after an elderly couple. He said he found the training beneficial as it helped him upgrade his skills.
According to Sarahjean P. Ababao, a core nursing group member, another seminar targeting nurses will be held on Aug. 28. Those who would like to join the seminar should check out their Facebook page, Philippine Nurses in Hong Kong and like it to get updates on their acitivities.
Yu said she is among those looking at the reintegration schemes being worked on by Labatt de la Torre so she can go home and look after her son during his growing-up years.

In HK, civil service exam in, OEC out

Labor Attache Jalilo de la Torre

The Philippine civil service examination is to be held in Hong Kong for the first time in November.

This was according to Labor Attache Jalilo de la Torre, who said in a speech on Chater Road yesterday, Aug. 21, that the date for the test is still being finalized by the Professional Regulation Commission.

Labatt de la Torre also confirmed what was earlier reported by The SUN: that the overseas employment certificate that thousands Filipino workers had lined up for during peak seasons has been scrapped.

“Gusto ninyo ng magandang balita, yung may kinalaman sa OEC? Wala na,” De la Torre said, to the applause of the crowd at the Aliwan Festival organized by the Global Alliance on Chater Road, Central.

“Simula sa Sept 15, wala na pong pila sa Konsulado para sa pagkuha ng OEC,” he said.

But he said all OFWs going on vacation must register with BMOnline to ensure their safe return to their worksites. Those who have already done so and are returning to the same employers need not register again.

But those who have changed employers since registering, or those whose employers have transferred to another place must again register with BMOnline to update their personal information.

He urged those who have not yet registered online to do so at the Consulate from Saturday to Thursday. He said those who do not register would be barred from leaving by the Bureau of Immigration in Manila.

Global Alliance leaders say beauty pageant is their last

De la Torre then turned to the event organizers, who were visibly anticipating what he had to say after censuring them two months ago for inviting him to an event which was spiced up with a beauty pageant with gyrating contestants.

“Perhaps you are wondering why I’m here, because two months ago I put a stop to beauty contests. But I don’t see anything indecent here,” De la Torre said.

He said the reason he put a stop to beauty contests was his belief that such pageants “degrade the dignity of Filipino women and lead to serious indebtedness and my mind hasn’t changed. It is still what I believe in.”

De la Torre said he graced the event because Global Alliance chairman Leo Solomenio promised that the culture-inspired beauty contest that highlighted Aliwan Festival was the last such pageant that the alliance organized.

The labor attaché, however, praised the pageant for its creativeness and for presenting Philippine culture. The 12 contestants wore costumes that represented various ethnic groups and their colorful cultural festivals.

VC Bob Quintin

Interestingly, their costumes were made of matted bamboo slivers, dried tiger grass flowers, rambutan rind, chicken feather, and other native materials.

“Kino-congratulate ko rin ang Global Alliance sa kanilang Aliwan Festival at sana ito na ang katapusan ng beauty contests na kanilang gagawin.”  He said festivals such as this were all right as longs as there are no women in bikinis.

Another guest, Vice Consul Bob Quintin of the Consulate’s cultural section, praised the festival participants for the preparations that each group made to depict the richness of various Philippine cultural fiestas.

“Kitang-kita naman. Wow! Wala akong masabi,” he said.

He thanked the organizers and the groups in Global Alliance for highlighting the cultural wealth of the regions.

“I hope you also continue to support the Consulate and we all also continue to support you, especially in your promotion of our country’s culture,” Quintin said. -

Vir B. Lumicao

MUSIC FEATURE: 'But I Love No One But You' ng William Elvin and the Circus Tour

PANOORIN at PAKINGGAN: 

Marami sa ating mga OFW ang nakaranas na ng panloloko mula sa ating mga asawa o karelasyon. Masakit sa damdamin ang malamang may ibang kinakasama ang ating mga minamahal habang tayo ay malayo sa kanila.

Ito ang kwento ng orihinal na awiting 'But I Love No One But You' ng William Elvin and the Circus Tour, isang bandang Pilipino dito sa Hong Kong.

Para sa mas marami pang impormasyon tungkol sa kanila, i-like ang kanilang Facebook page: https://www.facebook.com/williamelvinmusic/

Pumunta rin sa kanilang official website para sa FREE download ng kanta: www.williamelvinmusic.com

Ang banda ay binubuo nina William Elvin, Satur Tiamson, Matt Mateo, at Rico Cristobal Jr.

Suportahan natin ang ating mga kababayang manlilikha dito sa Hong Kong!

LYRICS:

BUT I LOVE NO ONE BUT YOU

music and lyrics by William Elvin

She came along one lonely night

When I had no one here to feed my need of love

She said hello, gazed at me, and smiled

So I took your picture from my head

And dropped it to my hand, instead

Then put it in my pocket for a while

Then I took her home and we made love

And in that moment, I was free from you

Or at least, from your memory

As far as I can ever be

All that I wanted she had

And she gave it all to me:

Strength and security,

All that you were to me

Now she’s the one by my side

She spoke of love like you did before

And I swear she sounded like she’s true

She sang it in that tune I heard from you

She’s all I have while you’re far away

I hope that you would understand,

It’s cold here in this foreign land

Believe me that I love no one but you

...but I love no one but you 

Small Claims Tribunal sets hearing of jobs ‘scam’ applicants

The Small Claims Tribunal is in this building

The Small Claims Tribunal is set to hear the cases filed by at least 35 Filipino domestic workers claiming a refund of between $5,000 and $20,000 they allegedly paid veteran jobs recruiter Ester Ylagan for apparently non-existent work in Britain and Canada.
The hearings are slated to begin on Aug. 29 and will last until the third week of September.
Consul General Bernardita Catalla has assured the claimants of help since most of them are unable to attend the weekday hearings.
Officials from both the Consulate and the Hong Kong Labour Department have encouraged the workers to file claims with the tribunal for faster disposition.
The claimants are among the more than 200 Filipinos who have sought help from Philippine and Hong Kong authorities, claiming to have been duped into paying for the fictitious jobs.
All the complainants named Ylagan, using her solely-owned company, Mike’s Secretarial Services, which used to have a shop on the third floor of World WidePlaza in Central, as the one who briefed them about the jobs supposedly on offer.
During the briefing, Ylagan reportedly introduced herself as the “boss” of Mike’s and Emry’s Service Staff Employment Agency, which had an adjacent office. She reportedly told the applicants she would not risk the solid reputation built by Emry’s in its 30 years of experience in the recruitment business, by offering them spurious jobs.
Latest records obtained from the Inland Revenue Department, however, show that Ylagan has been replaced as co-owner of Emry’s by her son, Ridge Michael Ylagan, as of July 15 this year, two days after its Central office was shut. Ricardo Ylagan is the other co-owner.
Mike’s records show on the other hand, that “international recruitment” was added to its nature of business as of June 17 this year. Before this, its business activities were limited to “typing, xeroxing and internet surfing”.
Both companies appear in the latest list of employment agencies licensed by the Employment Agencies Administration of the HK Labour Department.
Ylagan allegedly collected $10,000 from those applying for the jobs in Britain, and $15,000 for those bound for Canada. Most paid the total amount in cash, while a few asked to pay by installment. At least two of the claimants said they paid for themselves and another person, thus the claim for $20,000 each.
No receipts were issued to the applicants by Ylagan, who allegedly said she did not want to be taxed by the Hong Kong government. She said the money she collected would be sent to her partner in London for their FICC or foreign immigrant clearance certificate. However, Ylagan reportedly made them fill up “bio-data” sheets and recorded their payments on slips of paper. Some of these documents have apparently been retrieved by EAA officers, who have given copies to the concerned applicants.
The applicants started asking for their money back when the “job order” reportedly promised by Ylagan did not come as expected in June.
About a dozen applicants reportedly managed to get a refund from Ylagan in early June, after complaining to the Philippine Overseas Labor Office and the Mission for Migrant Workers.
In an interview with The SUN, Ylagan said she would return the applicants’ money, although she had already sent them all to her London partner she named as William Clinton James or William Clinton Erich. She said she had never met the man, and had communicated with him only via email.
But a few weeks later, she filed a complaint with the Central Police station, claiming a business partner had duped her out of $4.2 million. The police say they are still investigating the case.
Meanwhile, both the Consulate and the EAA have continued their separate investigations into the allegations.
EAA officers have called about a dozen applicants for interviews on various dates, and have reportedly asked them to act as witnesses in the case that would be filed against Ylagan and Emry’s.
Ylagan was also reportedly asked to appear for an interview, but she sent a solicitor in her stead.
The Consulate’s assistance to nationals section, on the other hand, says it continues to receive signed complaints from Ylagan’s recruits, some of whom have decided to return to the Philippines after being reportedly told they could return to Hong Kong as tourists and fly out to their destination with the others.
The developments came as solicitors acting for Emry’s and its “co-owners” Rick Ylagan and Ester Ylagan sent a “cease and desist” letter to Labor Attache Jalilo de la Torre, The SUN publisher Leo Deocadiz and this author, in relation to the jobs scandal.
In the letter dated August 8, 2016, Wong &  Co. Solicitors demanded that all three “cease and desist all defamation of character and reputation of Emry’s, Rick and Ester”.
The demand stemmed from Labatt de la Torre’s act of suspending the processing of work contracts by Emry’s due to Ester’s alleged violation of Philippine laws against third-country deployment by recruiting Filipinos for jobs in Britain and Canada.
The SUN, its editor and publisher were accused of acting with malice in reporting about the complaints against Ylagan and of conspiring with Labatt de la Torre in making defamatory statements against her, Rick and Emry’s.
Asked for a reaction to the solicitors’ letter, Labatt de la Torre told The SUN: “I will not be deterred by a letter from a solicitor in pursuing what I think is necessary to advance and protect the interests of OFWs in Hong Kong”.
The SUN’s own stance is clearly reflected in this article.

What you need to know

The Philippine Consulate General will be CLOSED on the following date:
Aug 29, Monday – National Heroes’ Day
*There will be no official transactions, including OEC issuance, at both the PCG and POLO on both dates. In case of emergency, call: 9155 4023 (consular assistance); 5529 1880 (POLO) or 6345 9324 (OWWA)

Attention: Filipina Registered Nurses
Are you a Registered Nurse working as a domestic helper in Hong Kong who cares for elderly and/or patients with dementia?
If so, please send a private message to the FB page, Philippine Nurses in Hong Kong, giving the following details: Complete Name, E-mail Address, Patient Category: (Elderly and/or with Dementia), Mobile Number

LET in September
The Board Licensure Examination for Professional Teachers (BLEPT, formerly LET) will be held in Hong Kong on Sept, 25, Sunday. The deadline for the application for both repeaters (July 22) and new applicants (July 29) has not passed.
For more information on the Teachers Board, please visit the FB page of the National Organization of Professional Teachers (NOPT) – HK Chapter, like it and send a private message.

Caritas Lessons
For queries, call Sisca on 2147-5988.
Sunday Basic Cantonese
(Sponsored by Home Affairs Department of the Goverment of the HKSAR). Sept 4-Dec 18, 2016 (total: 16 Sundays)
10:00am – 1pm (total: 50 hours). Target : ethnic minorities with HKID. Fee: $100 each, including materials, half fee for CSSA recipients. Venue : Caritas Fortress Hill Centre, G/F, No.28A, Fortress Hill Road, Hong Kong
Saturday Beads Making Class
Sept 3- Oct 15 (6 Saturdays), 2:00pm – 5:00 pm (18 hours total)
Target : foreign domestic helpers.Fee: $100/ head including materials.Venue : Caritas Fortress Hill Centre, G/F. , No.28A, Fortress Hill Road, Hong Kong.

What's on where

Magtanong kay DoK: 'Bangungot'
Aug 21, 2 pm onwards, Consulate Public Area
Guest Speaker: Dr Romeo V Orteza, MD. Admission is free but registration is required as slots are limited. Call: 2823 8537

3rd Tapuey Festival 
Aug 21, pm, Ice House St. Central . For inquiry pls call Nica Tabao-Ican at mobile # 67746487.

Free Financial Literacy Seminar
Aug 21, pm, Bayanihan Centre. Organized by CARD MRI OFW HK Foundation. For inquiries, call 54238195/95296392

Aliwan Festival
Aug. 21, whole day, Chater Road, Central
Organized by: Global Alliance. Features: Street dance and singing contests and search for Miss Aliwan 2016

Making Wrongs Right Seminar
(Know your rights in HK). Aug. 28, 2pm-5pm, Resurrection Church Sai Kung.1 Pak Sha Wan Centre, HK. Target audience: migrant workers, NGOs, clergy. Co-organizers: Resurrection Church and Global Alliance

Learn to drive information seminar
Sept. 11, 1:00-5:00 pm, Conference Room, PCG
14/F United Centre, Admiralty.Organized by: ROAD HK. For details, please visit ROAD-HK's Facebook page or call Tek Barro 67788167/ Mar 93850546

Free Forum for Nurses
Oct. 9, Bayanihan Centre, Kennedy Town. Speakers from Australia and New Zealand, and agencies deploying to Germany and Qatar are coming to orient registered nurses about the working conditions in those markets. For full details, visit the FB page, Philippine Nurses in Hong Kong. Like it, and message your full name and mobile number.

Another job ‘scam’ emerges as victims seek POLO help

By Vir B. Lumicao

Five Filipina maids have sought the Consulate’s help in recovering huge sums they claim to have paid for purported jobs in Canada, in what appears to be another scam targeting Hong Kong-based overseas Filipino workers.
Three of them, who requested anonymity, went to the office of Labor Attache Jalilo de la Torre on July 10 and 17 and filed affidavits to support their claims for a refund against Charisse Cruz and/or Judith Ga.
They all told de la Torre that Cruz and Ga appeared to be the same person.
Two of them disclosed a link between the Ontario-based recruiter and Joyce Agency, an employment agency in Tsuen Wan that was padlocked last year by the Labour Department for overcharging an applicant.
Claimant “A” said she paid Cruz a total of $30,000 in two remittances through WEstern Union. She said she addressed the payments to Ga, allegedly the designated recipient of all payments.
Claimant “B” paid a total of $34,434 to Cruz via Ga in tranches that carried over from a $20,000 she had originally paid Joyce Agency for a supposed Canadian job that never materialized. The payments were made between Nov 6, 2014 and April 25, 2015.
Claimant “C”, who said she was also contacted by Cruz after being referred by Joyce owner Fe Cheung, was claiming $40,000 that the Ontario-based recruiter charged her on various dates between November 2014 and May 2015.
Labatt De la Torre, who personally took the statements and prepared the affidavits of each of the claimants, said he would send a copy of the affidavits to the POLO in Ontario and ask for the post’s help in locating Cruz/Ga.
The last two of the group were set to go to the POLO on Aug 7 to execute their affidavits. One of them told The SUN she had received an initial refund of CA$1,000 from Cruz which, per instruction of the recruiter, she would have to split with the other applicant.
“Cherisse promised to make weekly partial refunds of CA$1,000, but that was just once and since then she has not responded to SMS messages,” the claimant said.
The claimants came to know Cruz separately through different connections, but one said it was Fe Cheung who referred her to Cruz after failing to refund the $20,000 paid by the job applicant for a promised employer in Canada.
The claimant said she made the payment to Cheung in November 2014, and two weeks later, was told that she already had an employer.
But despite repeated follow-ups, the promised job never materialized. In December 2014 Cheung told the applicant that Cruz would contact her about her application.
A month afterwards, Cheung sent Cruz’s telephone number and the applicant and the recruiter talked for the first time.
Cruz allegedly told the claimant that of the $20,000 she had paid Joyce, only $13,000 was remitted by Cheung and that the applicant needed to pay a total of $40,000.
That’s when the money flow to Canada started, with Cruz making excuses for the delay in obtaining a Labour Market Opinion for the claimant, and appeasing her with “konting tiis” and “be positive”.
On June 9, 2015, the news from Cruz was Canada was tightening up on job sponsorships and that she was “trying to get all applications to be approved before they close any sponsorship.”
After that, Cruz stopped replying to the claimants’ inquiries.

Migrants to rally for $5k monthly wage, ban on window cleaning

Two Pinays pictured while cleaning windows

Migrant workers are planning a big rally next month to push their demand for a $5,000 monthly pay. They also want their food allowance raised to $1,600 and to have the same number of working hours as other Hong Kong employees.

In addition, they are urging the Hong Kong government to stop employers from ordering their helpers to clean windows from the outside.
The new call follows last week’s fatal fall of a Filipino helper in Tseung Kwan O while reportedly cleaning windows.

The demands were among those submitted by migrant support organizations to Labour and Welfare Secretary Matthew Cheung when he conferred with them in his Sheung Wan office in the run-up to the government’s annual wage review,

 “We presented our $5,000 proposal and also discussed the safety of workers because of the succession of work-related deaths of domestic helpers,” Dolores Balladares, Unifil-Migrante Hong Kong chairwoman, said in an interview with The SUN on Aug 17.

But she said Labour officials who invited workers’ representatives to the meeting hinted they shouldn’t expect much because of uncertainties in the local economy. 

“We are planning to stage a big rally around the second week of September to press the government on our wage petition, but we will hold daily pickets at the Labour Department to step up the pressure before the big one,” Balladares said.

On the window cleaning ban, Balladares cited the risks faced by helpers forced to do such a task. This was graphically shown when 35-year-old Rinalyn Dulluog fell to her death on Aug 9 reportedly while cleaning the exterior of the window of her employers’ flat in Lohas Park, Tseung Kwan O.

Another incident was the one reported by The SUN in which two Filipinas in Taiwai were ordered by their boss to climb out and wipe the exterior of a window. Luckily, they were rescued by Consulate officials before they could get hurt.

“Cleaning window exteriors is a task that should not be assigned to domestic workers, because that work should be the responsibility of building management,” said Balladares.

Joining her at the meeting with Cheung were Unifil secretary-general Eman Villanueva and Mission for Migrant Workers general manager Cynthia Tellez.

The three also prodded Cheung on the inclusion of domestic workers in the legislation on the maximum working hours.

“We discussed with him the need for domestic workers to have at least 11 hours of rest, including their meal time and sleep, so that they can do their work better. For how can they perform well if, having little food, they also get very little rest?” Balladares said. – Vir B. Lumicao

DH’s death renews call for ban on window cleaning

The death plunge of Filipina domestic worker Rinalyn Dulluog on Aug 9 has ignited a debate on a gray area in Hong Kong’s labour laws regarding the protection of domestic workers from occupational risks.
Dulluog, 35, died after “falling from a height” while cleaning the window of her employers’ flat in Lohas Park, Tseung Kwan O, a police report said.
While fatal accidents resulting from such an occupational hazard appear rare, an inquiry raised during a Legislative Council session on Jan. 21 last year showed that four workers had fallen to death while cleaning windows between 2010 and 2014. Their nationalities were not given.
Comments on social media, including The SUN’s Facebook page, suggested that the Consulate could explore the possibility of pushing for legislation to exclude window cleaning from the scope of domestic work.
Others say occupational safety training should be included in the orientation seminar for newly arrived domestic workers, although they doubted whether that would be a better strategy than an outright ban.
“Cleaning windows should be banned for domestic helpers. Few cleaning contractors offer such services around Hong Kong and employers can afford hiring professional ones to perform dangerous jobs particularly at heights. The Consulate should look into this,” said a certain Dick Garcia.
Indz Bautista Bengan agreed. “Yes… But how? Cleaning of windows is part of our job, it depends on the employers if they care for their workers,” she said.
The problem is while there is nothing in the local laws that stipulates that window cleaning is part of a domestic helper’s duties, neither is there a guarantee of protection for workers who refuse to do the job.
A commenter by the name of Summer Flame is hoping the practice will be banned, saying her boss orders her to clean the windows almost everyday.
“Dito sa amin almost everyday ako naglilinis. Gusto ni Madam yung sobrang linis. At dahil di abot ng kamay ko ang likod ng salamin at yung stick di sapat para malinisan ang likod, kailangan kong ilabas ang katawan ko sa window,” she said.
She said she realized the risk just now after doing it regularly for some time on the 18th floor of her block. “Rain or shine need ko linisan ang window nila.”
Zezile Aveunalliv, joining the debate from Singapore, said: “It’s so sad to hear another kababayan died again. Dito sa Singapore mahigpit na pinagbabawal na ilabas yung katawan sa bintana. Pag may nakakita, pwedeng makasuhan ang amo. Kaya implemented dito na maglagay ng grills.”
Legislator Chan Kin-por raised the issue of window cleaning with Development Secretary Paul Chan, who replied the Occupational Safety and Health Council had issued brochures relating to domestic helpers’ safety measures during window cleaning.
“OSHC will also continue to organize regularly courses on working-at-height safety for household workers and domestic helpers, and publicity activities to enhance their safety awareness of window cleaning,” Secretary Chan said.
In its booklet on occupational safety, the Labour Department said in its “Points to Note for Employers on Safety and Health Matters” section: “You shall be aware of your FDH’s (helper’s) safety in doing housework. For example, when ‘cleaning a window, you should remind the FDH not to open or lean on the window grille or windowpane, or lean outside the window. Suitable tools should be used to facilitate the work.”
There is, however, no mention of any penalty should an employer fail to comply with the guideline. – VB Lumicao

‘Maid in a box’ to seek relief from ILO

Exclusive by Vir B. Lumicao

Cristine's 'box' is the one next to the window

A Filipina maid who claims to have been made to sleep in a “box” is set to go the International Labor Organization to file a landmark case challenging Hong Kong’s definition of what constitutes “suitable accommodation” for domestic workers.

Cristine L. Primne, 32, is taking this step after the High Court dismissed on Aug. 9 her application for leave to appeal a labor court’s dismissal of her claim for one month’s pay in lieu of notice against her former employer.

At the center of the dispute was whether she had the right to terminate her work contract because her employer, Wong Ka-chun, exposed her to undue risk by letting her sleep in a makeshift room on the terrace which she said looked like a doghouse.

Judge Wilson Chan decided to uphold the June 22 ruling by the Minor Employment Claims Adjudication Board (Mecab), saying no question of law was raised in the appeal.
Following the ruling, Primne authorized the Mission for Migrant Workers to plan the next move in her case as she had to fly back to Manila on Aug. 17 when her extended visa had run out.

Her decision to go to the ILO could set a standard for what is “suitable accommodation” for Hong Kong’s 350,000 foreign helpers, as the government stands pat on its policy against domestic workers living outside their employers’ homes.

It would also be the first time a dispute in Hong Kong over helper accommodation would be elevated to the ILO, the United Nations body that seeks to protect the rights of workers around the world.

Primne told The SUN on Aug 16 that she terminated her contract on May 3, just eight months after being hired by Wong because she felt bad about being treated like a dog.

The room she was made to sleep in was a rectangular wooden box measuring about 3”x4”x6” which had a tiny window and a door that she could enter only by crouching. But it was equipped with lighting, an air-conditioner, electric fan, mattress and cabinet.

“I could not stand inside it, I could only kneel or squat and I had only enough space to lie down. It had no ventilation so I sweated a lot and that made the flooring and the sidings moist,” she said.

If she turned on the air conditioner, the small box got too cold very quickly. And when it rained, the interior got wet if she opened the door or window even for just a bit.

The helper said she had to use a potty for her toilet needs because she was afraid to enter the house at night because of the falling objects that landed on the terrace.

Cristine consults with Mission's Edwina Antonio

Primne sought the help of the Mission, which sent a letter on Apr 13 to the Immigration Department to complain on her behalf about her living condition. After two weeks she received a reply which advised her to call the police.

She did so on May 2 and after the police visit the employer offered her three options: to share a room with the two children, sleep on the sofa, or sleep on a folding bed in the living room.

But Primne decided to leave the next day, telling her employer she was opting for constructive termination. That would have meant her employer paying her a month’s pay in lieu of notice, instead of the other way around.

Mission director Edwina Antonio said constructive termination was in order since the maid was made to sleep in a box that was no better than a doghouse, and was left in a place that exposed her to the elements and to danger from falling objects.

She said this was inhuman and violated the provision for suitable accommodation stated in the work contract.

But, “Mecab said the room was reasonable because it had privacy and was equipped with some of the amenities listed in the contract, and the High Court agreed,” lamented Antonio.

In his ruling, Judge Chan said no error of law was committed by Mecab in deciding that the employer was not liable to pay a month’s wage in lieu of notice as he was not guilty of any conduct which constituted constructive dismissal.

He said, “Provided the Board has not erred in applying the relevant legal principles, nor acted against the weight of the totality of the evidence, the conclusion it reached cannot amount to a question of law.” -