Third-country deployment illegal, risky: Labatt

By Vir B. Lumicao

Labor Attache Jalilo dela Torre

Labor Attache Jalilo dela Torre has reiterated that third-country deployment or the placement of Hong Kong-based OFWs for jobs in other countries such as Turkey, Russia or Brazil, is contrary to Philippine laws.

The top labor official made the remarks as the Turkish government said its labor market is open to foreign workers seeking jobs as nannies and elderly caregivers.

In response to an emailed inquiry last month, the The Turkish Consulate in Hong Kong said: “The Republic of Turkey extended its ‘Overseas Foreign Worker’ policy around three years ago. With this extension of the legislation, foreign nationals can apply for nanny and elder care positions in Turkey.”

But Labatt dela Torre said directly sending our workers there from Hong Kong is a violation of the rules of the Philippine Overseas Labor Administration (POEA).

“It’s illegal per POEA rules and regulations because it violates our framework of protection (for OFWs), one of which is the pillar of verification,” Labatt Dela Torre told the SUN on Aug 21.

“There’s no way that the job order or the existence or nonexistence of a job or an employer can be verified kasi wala tayong POLO sa Turkey, Russia, et cetera, et cetera. So, whether or not this employer or this job order is genuine can only be authenticated and verified if there’s a POLO there,” he said.

“But there’s no way of checking that, kasi hindi dumadaan sa atin bago sila umalis. So most probably they will come into harm’s way and it’s the government who will get the blame.”

Dela Torre said there’s also a need for the worker’s contract to be checked and verified to ensure that its provisions are in accordance with the minimum standards set by the POEA.

Reports from OFWs who had worked in Hong Kong and were deployed by illegal recruiters to Russia, Turkey and other countries in Europe spoke of lack of protection from oppressive working conditions, premature terminations, or inexistent jobs.

The recruits were sent to those countries mostly on a tourist visa and later applied for commercial visas, claiming to be managers or professionals hired by companies in the destination countries.

The Consulate, and POLO in particular, has time and again warned Filipinos working in Hong Kong against taking the bait of agencies recruiting them for jobs in other countries without processing their papers through POEA.

Labatt dela Torre said POLO’s approach must be proactive so that OFWs are warned well in advance about the risks of being recruited illegally.

Labatt warns OFWs on new London job scam

Labor Attache Jalilo dela Torre has warned against a new Britain-based jobs scam reminiscent of the rip-off that victimized hundreds of Filipino domestic workers in Hong Kong in 2016.

His warning came in the form of a Facebook post he shared on Aug. 14, which was posted originally by his counterpart in Britain, Rey Conferido.

The scam reportedly involves the use of work documents purportedly verified and authenticated by labor officials attached to the Philippine embassy in London, complete with their signatures and chops.

The blue-collar jobs being offered, along with fat salaries and other perks, came from a company calling itself Bailey Consultants Ltd, and purportedly run by its sole director, a Mrs. Michele Bailey.

The jobs included those for truck drivers, electricians, carpenters, masons and painters at a salary of £2,500 each; and £3,000 for concrete machine mixers, all supposedly tax-free.

The package included a British visa and work permit, a five-day work week, free board and lodging, free Wifi, annual vacation leave, free air ticket “to and flow”, overtime pay, free medical attention, and eligibility for residency in five years.

Bailey Consultants Ltd purportedly needed 105 of these worker categories, 30 of whom would be carpenters and 25 painters who would be paid £2,500 a month.

The company said hiring would be carried out by its Philippine partner employment agency KYR International Manpower Services located along EDSA, Quezon City.

The SUN sent an email message to KYR on Aug 20 asking it to comment on its alleged partnership with Bailey, but has yet to get a reply. The package was similar to that offered by employment agency owner Ester Ylagan to lure thousands of OFWs to apply for jobs in Canada at $15,000 each; and in Britain at $10,000 each.

Conferido, who exposed the scam and whose alleged signature appeared on the documents, warned jobseekers against falling for the latest scam.

“Mag-ingat sa walang tigil na scammer na ito!!! Babalaan ang publiko laban dito. Fake ang mga dokumento at ang mga pirma dito. Yung ‘Faith Recruitment Agency’ na supposedly nagre-represent sa ‘Bailey Consultants Ltd’ ang notorious na nag-umpisa nito,” the labor attaché warned.

“Doon sa mga pinapadalhan nito, i-report ninyo sa mga government agencies na may anti-cyber crime function. Sana atakihin din ito ng mga good hackers,” said Conferido.

Bailey Consultants put its address as 5 Burstock Road, London SW15, with a certain Mrs Michele Bailey as its lone director.

It claimed to be listed in https://beta-companieshouse. gov.uk, an online listing of firms registered with Companies House, a registrar of companies and executive agency and trading fund of the British government.

A check with Companies House showed Bailey is a private limited company incorporated in June 2010 with a share capital of 100 shares, with an aggregate nominal value of £75.

The company is classified as active but there is no mention of what business it is into, and apparently it is plainly a shelf company. – Vir B. Lumicao

Himalang gumaling

Sobrang kinabahan si Elsa noong may tumubo na namang bukol sa kanyang kanang binti pagkalipas ng dalawang taon. Naging matagumpay naman ang operasyon niya noon pero hindi siya nakalakad ng tatlong buwan na siyang ikinababahala ni Elsa sa pagkakataong ito dahil kung maooperahan siyang muli ay baka mawalan siya ulit ng trabaho.

Natatakot man siya sa kanyang natuklasan ay pinili pa rin niyang maging tapat sa bagong amo. Payo kasi sa kanya ng dati niyang amo na kaibigan ng pinapasukan niya ngayon, kailangan niyang magtapat sa kung ano man ang kanyang nararamdaman para maagang maagapan kung ano may sakit mayroon siya.

Noong una kasi ay hindi niya agad sinabi sa amo ang nararamdaman hanggang ang kapatid nito mismo ang nakapansin na mas malaki ang kanyang kaliwang binti kaysa sa kanan. Noon lang niya ipinagtapat na nahihirapan na siyang lumakad at tumayo, at kumikirot nang husto ang kanyang binti kapag napapagod siya.

Nang marinig ito ng amo ay agad siyang pinapunta sa doctor para masuri. Ayon naman sa doctor ay kailangan niyang magpa MRI, at dahil mahaba ang pila para dito sa pampublikong lugar ay sa isang pribadong ospital siya dinala ng amo. Tumataginting na $5,800 ang ibinayad ng amo para sa pagsusuri.

Tatlong araw pagkalipas ng MRI ay sinabi sa kanya ng doctor na hindi naman cancerous ang bukol sa kanyang binti. Gayunpaman, kailangan pa rin niyang ituloy ang pagpapasuri dahil baka lumala ang kanyang bukol.

Nitong sumumpong uli ang pagsasakit ng binti niya ay masigasig niyang sinunod ang lahat ng payo ng doctor, at pati ng mga kaibigan niya. Uminom siyang madalas ng pinakuluang dahon ng guyabano at pati mga food supplements na sinasabing nakakawala ng bukol. Nagtapal pa siya ng iba-ibang produkto na galing ng Hapon at Tsina, pero parang walang epekto.

Mabuti naman at nagbakasyon ang kanyang mga amo kamakailan kaya nakapahinga siya ng matagal-tagal, na sinamantala din niya para makapagdiyeta. Tatlong araw siyang panay ang inom ng tubig, at isang pirasong tinapay lang ang kinakain bawat oras. Nagpunta din siya sa mga simbahan hanggang sa Macau para manalangin na gumaling siya.

Paggising niya noong Hulyo 16, isang araw bago bumalik ang kanyang mga amo ay naramadaman niyang magaaan ang kanang binti niya. Hinaplos-haplos nya ito at ganoon na lang ang kanyang tuwa dahil wala na siyang makapang bukol. Napalundag siya ng ilang beses nang makita na wala nang nakaumbok sa kanyang binti, at pati ang kirot ay wala na rin.

Pagbalik ng kanyang amo ay napayakap siya sa kanila sa sobrang tuwa. Muling sumigla ang kanyang buhay at nabura lahat ang masasamang pangitain sa kanyang isip. 

Ayon kay Elsa, napatunayan niya na walang imposible sa Panginoon basta magtiwala ka lang. Laking pasasalamat din niya sa mga amo dahil sa ipinakita nilang kabaitan at pag-aalala sa kanya. Sa katunayan bago sila umalis para magbakasyon noong isang buwan ay binilhan pa siya ng bagong laptop para hindi siya malungkot habang wala sila. Kaya naman para masuklian ang kabaitan ng mga ito ay dobleng sipag niya ngayon, at sinasarapan pa lalo ang pagluluto ng kanilang pagkain.

Si Elsa ay isang Ilokana na tubong Cagayan Valley at kasalukuyang naninilbihan New Territories. – Marites Palma

Ingat-ingat lang sa kalusugan

Halos maiyak sa biglang pagsakit ng kanang binti si Kuya Pepe, 55 at Kapampangan, kamakailan.

Kakaparada lang niya ng kotse noon matapos sunduin ang anak ng amo niya  nang maramdaman niya ang matinding pananakit ng kanyang binti. Halos hindi siya makalakad dahil sa bawat hakbang niya ay kumikirot a g sakit. Napaupo na lang siya sa lobby ng tirahan ng amo niya sa Shatin sa takot at kaba. Agad niyang naisip ang kanyang pamilya na umaasa sa kanyang kita.

Hindi naman siya nagpabaya at agad kumunsulta sa isang doktor sa Tsim Sha Tsui. Isinailalim siya sa x-ray, paharap at patagilid, sa leeg at balakang, dahil talagang matindi ang sakit na nararamdaman niya. Pagkatapos ay pinaupo siya ng doktor at pinataas-baba ang kanyang paa, bago minasahe siya ng bahagya.

Sa bandang huli, sinabi ng doktor na “nerve pain” lang iyong nararamdaman niya. Binigyan siya ng tableta para sa kirot  at ointment na nagsasanhi ng kaunting pag-iinit ng balat kapag ipinahid.

Laking tuwa ni Kuya Pepe nang mawala ang pananakit ng kanyang binti matapos inumin sa loob ng apat na araw ang tabletang inireseta ng doktor. Mantakin mo naman daw na bigla ka na lang mistulang paralisado, at paano kung bigla ka na lang di makalakad? Napaisip siya na talagang kailangan na maging mas maingat sa pagpapanatili ng kalusugan. - George Manalansan

Laging may dalang ka-dinner

Inis na inis si Nadia, 38 at Ilokana, dahil mahilig magsama ng bisita ang amo sa kanilang bahay para maghapunan ng walang pasabi.

Minsan ay sasabihin ng amo na dalawa lang silang kakain, tapos pagdating ay apat pala sila. Sa ganitong pagkakataon ay si Nadia at ang kanyang kasamahan ang nawawalan ng kakainin, kaya nagbubukas na lang sila ng de lata.

Ang mas masama ay talagang kulang lagi ang kanilang pagkain, kaya minsan ay iminungkahi niya sa amo na bigyan na lang siya ng food allowance, pero hindi ito pumayag. May pagkain naman daw sila ng kasama niyang kasambahay.

Ang totoo ay kulang na kulang ang ipinapakain sa kanila lagi. Pati ang laman ng sopas na wala nang lasa dahil sa kakapakulo ay pinapakain sa kanila. Naisip ni Nida na lagi na lang siyang magluto ng sobra, para kung may biglaang bisita ay hindi sila gutumin ng kanyang kasama. Tutal, pwede naman nilang kainin kinabukasan ang anumang sobra. - George Manalansan

Envoy to Singapore is Ambassadornew HK congen

By Daisy CL Mandap

Ambasador Tony Morales is set to take over
ConGen Bernie Catalla's HK post

Philippine ambassador to Singapore, Antonio Morales, is set to take over as the next consul general in Hong Kong.

This was according to outgoing Consul General Bernardita Catalla, who told The SUN that Ambassador Morales’s nomination has already been endorsed by the Department of Foreign Affairs in Manila. He is now just waiting for the exequatur, or a written official confirmation of his appointment, by the Hong Kong government.

Congen Catalla herself is waiting for the agrement, or approval by the Lebanese government of her appointment as the next Philippine ambassador to the country.

Amba Tony, as he is fondly called by Filipinos in Singapore, will be the first consul general in Hong Kong to have previously served as ambassador in another country.

However, ConGen Catalla clarified that this does not indicate a diminution in rank because one needs to be at least a career minister 2, an ambassadorial level, to be assigned as head of post in Hong Kong.

A lawyer and veteran diplomat, Amba Tony appears to be highly regarded by his colleagues in the foreign service, especially those who have had the chance to work with him.

His consul general in Singapore, Victorio Dimagiba, Jr.,  described the ambassador in an email message to The SUN  as fair to his officers and staff.

ConGen Dimagiba, whose first overseas posting was Hong Kong, also said Amba Tony is a silent worker who gets things done.

“He cares for the comfort of our Pinoys in SG (Singapore) that he pushed for the expansion of the consular area as well as introduced faster means for our public to have a smoother transacting experience. He of course led us to have the second highest turnout for the OAV in 2016, next only to HK,” he said.

Further, ConGen Dimagiba said his ambassador makes an effort to attend Filipino community events and has a healthy relationship with everyone.

“You will like him,” he said.

Another colleague who had the chance to work with him in San Francisco described Amba Tony as “low key but magaling”.

Ambassador Morales, who is in his mid ‘50s, assumed his post as head of mission in Singapore on May 29, 2014, and is expected to serve the remaining part of his standard six-year overseas posting in Hong Kong.

Before being assigned to Singapore, he was deputy chief of mission at the Philippine Embassy in Beijing, and consul general in Milan, Italy and Kuala Lumpur, Malaysia.

He served as deputy consul general in San Francisco and was previously assigned to Rome and Ankara.

At the home office, he served as special assistant at the Office of the Undersecretary for Ocean and Special Concerns, executive director at the Office of Consular Affairs, director at the Authentication Division of the Office of Consular Affairs and acting director at the Office of European Affairs. 

Maids told: Report employers who force you to work in China

By Daisy CL Mandap

Labor Attache Jalilo dela Torre.

Filipino domestic workers should complain when their Hong Kong employers bring them to China for work, according to Labor Attache Jalilo dela Torre.

At the same time, he said Hong Kong Immigration should not tolerate the illegal practice by some Hong Kong employers of making their helpers work on the mainland.

Labatt dela Torre was reacting to reports that the employers of Filipina domestic worker Lorain E. Asuncion who died in Shenzhen last month had been arrested by the police in Hong Kong last Thursday, Aug. 17. The couple was held on a charge of conspiring to defraud HK Immigration by claiming that their domestic would work only in the territory.

Police reportedly found out that the Filipina had been taken across the border by her employers four times in the nine months that she was in their employ.

Asuncion, 28 and single, reportedly fell from a building in Shenzhen on July 24 after her employers allegedly sent her to work there for the father of her female employer. The exact cause of her death is still being investigated.

“Bringing domestic workers to China for work shouldn’t be tolerated by the Immigration Department because it constitutes a continuing breach of condition of stay,” dela Torre told The SUN in an online message. “I don’t think she (was) being brought there to enjoy the sounds and sights of China”.

On the other hand, he said Filipino domestic workers should do their part in averting the commission of the said illegal act.

“Our domestic workers shouldn’t allow themselves become an unwilling party to the immigration offence. They should report to Immigration that the employer has plans to bring them to China,” dela Torre said.

While some domestic workers are allowed to accompany their employers abroad for a vacation, the labor official said a distinction should be made. “If the intention is to make them work,” he said HK Immigration should not allow it.

His call echoed that made earlier by Indonesian Consul General Tri Tharyat, who called on the Hong Kong government to crack down on the practice.

“We have to stop this practice now,” Consul General Tri told the South China Morning Post in an interview. “I don’t think we need to wait for someone else to die because of this.”

Indonesia’s top diplomat said it was not realistic to expect the helpers to report to the authorities on such cases because they are scared of losing their jobs.

“I think we should work on a policy level and operational level. There should be more stern measures taken by the Hong Kong government against these employers who employ their helpers in more than one address ... I really hope there are more sanctions,” Tri reportedly said.

Anyone found to have provided false information to Immigration could be prosecuted and face a maximum fine of $150,000 and imprisonment of up to 14 years.

However, until Asuncion’s death, no employer had been arrested or held liable for breaching the law against bringing a domestic worker to China for work. In a few cases reported to The SUN, it was the Chinese authorities which rejected visitor’s visa applications made by employers for their foreign domestic helpers.

Anak ang turing sa kanya

Gulat na napanganga si Edna nang malamang $1,705 ang kailangan niyang bayaran sa isang pribadong ospital kung saan siya pinapunta ng kanyang amo dahil sa impeksiyon sa kanyang kanang tainga.

Kahit pinabaunan siya ng amo ng $2,500 ay hindi pa rin siya makapaniwala na ganoon kamahal ang pagpapatingin sa ospital kung saan siya pinapunta ng amo.

Pero laking pasasalamat ni Edna dahil agad na bumuti ang kanyang pakiramdam. May isang linggo na kasi siyang nilalagnat at masakit ang tainga at kahit binibigyan siya ng mga amo ng gamot ay hindi siya gumagaling.

Sabi ng doktor, “severe infection” ang kanyang naging sakit at kailangan talaga niyang magpatingin para maresetahan ng gamot at gumaling.

Isa si Edna sa mga masuwerte sa amo dahil hangad nila ang kanyang mabuting kalusugan at hindi nanghihinayang sa kanilang gagastusin para masigurado na nasa mabuti siyang kalagayan. Sa katunayan ang amo pa mismo ang nagpapaalala kay Edna kung napatakan na niya ang kanyang tainga ng gamot na nireseta ng doktor.

Ayon sa among babae, “You are one of my children I need to take care of. My three kids, sir and you”.  Sabay na nagtawanan silang dalawa dahil sa tinuran ng amo. Si Edna ay tatlong taon pa lang nagtatrabaho sa mga among taga Discovery Bay. - Rodelia Pedro

Naghanap ng umento, napunta sa salbahe

Nakasampung taon na si Ann sa mga among Intsik, at kahit mabait naman sila ay may pagka kuripot dahil minimum pa rin ang sahod niya. Nang matapos na ang kanyang pinakahuling kontrata ay sinubukan niyang maghanap ng mga “puting” amo at nakahanap naman siya ng mga bagong dating na French.

Nangako ang bagong amo na lampas limang libo ang sahod niya at pagbabakasyunin siya sa Pilipinas taon-taon, na sagot nila ang bayad sa ticket. Dahil dito ay hindi na siya nagdalawang-isip na lumipat sa kanila.

Noong una ay hindi siya nahihirapan dahil maliit lang ang kanilang flat at madali niyang nagagampanan ang lahat ng kanyang gawain. Ngunit makalipas ang ilang buwan ay lumipat sila sa pagkalaki-laking bahay na may tatlong palapag at rooftop, at may hardin pa sa ground floor. Mula noon ay unti-unti nang nagbago ang pakikitungo sa kanya ng mga amo dahil hindi na niya magampanan ang lahat ng kanyang gawain dahil sa laki ng bahay at sa dami ng trabaho sa paglilipat.

Noong naayos na ang bagong bahay ay lumabas na ang totoong kulay ng mga among French. Naging masyadong demanding ang mga ito at nag-iba na din ang trato sa kanya. Umabot ito sa pagsasabi nila sa kanya na hindi na sila masaya sa kanyang serbisyo kaya pinuputol na nila ang kanilang kontrata.

Laking sama ng loob ni Ann dahil biglaan ang ginawang pagtanggal sa kanya, lalo at nagpakahirap siya nang husto sa pag-aayos ng kanilang bagong nilipatang bahay.

Dahil may edad na at napagtapos na rin ang nag-iisang anak ay minabuti ni Ana na umuwi na muna pansamantala. Dahil sa dami ng mga inakong responsibilidad sa ibang mga kaanak ay hindi siya nakapag-ipon ng malaki kaya gusto niyang bumalik uli ng Hong Kong para ang sarili naman ang pag-ipunan.

Laking pagsisisi niya na naghanap siya ng expat na amo gayong mababait naman ang mga dating amo kahit may pagkakuripot. Kung palarin daw siyang makabalik ay Intsik na lang daw uli ang pipiliin niyang amo. Si Ann ay 50 taong gulang, solong ina at mula sa Maynila. – Marites Palma

Kinantiyawan ni lalaki, ipinagtanggol ni babae

Laging iniinda ni Emma ang masakit na mga balikat. Alam niya na dahil ito sa halos araw-araw na pagdadala niya ng mabibigat lalo na tuwing namamalengke. Kaya naman, matapos ang mahigit isang taon na pangungulit ng kanyang among babae ay nakumbinsi din siyang bumili ng trolley o bag na de gulong.

Isang umaga, pagdating ni Emma mula sa palengke ay nadatnan niya ang mag-asawang amo sa kusina.

Nang makita ng among lalaki ang kanyang bitbit na trolley, natatawa nitong sinabi na sa kanilang lugar daw sa Inglatera, mga matatandang babae lang ang gumagamit ng trolley kapag namamalengke.

“Oh my goodness! Did you know that it took me a year to convince her to use a trolley?” ang sabi ng kanyang among babae sa asawa nito. Natatawa namang humingi ng paumanhin ang kanyang among lalaki. Hindi na rin napigilan ni Emma na tumawa lalo na nang kunin ng among lalaki ang trolley at ilang ulit na umikot sa kusina. Si Emma, 30, ay naninilbihan sa isang pamilyang Briton. –Gina N. Ordona

Ayaw makinig si amo

Sa muling pagpirma si Andrea ng panibagong kontrata, napagkasunduan nila ng kanyang among Briton na dadagdagan ng $500 ang kanyang buwanang sahod pero mananatili sa $1,000 bawat buwan ang kanyang food allowance.

Pumayag naman si Andrea pero ipinaliwanag niya na kailangan pa ring ilagay sa kontrata ang eksaktong halaga ng buwanang food allowance na sa kasalukuyan ay kailangang hindi bababa sa $1,037 na itinakda ng gobyerno.

Ngunit imbes na pakinggan ang sabi ng katulong na hindi ito aaprubahan ng Philippine Overseas Labor Office ay nagpumilit pa rin ang among lalaki na sundan ang nakasulat sa luma nilang kontrata. Kahit mismong ang asawa na nito ang tumulong para magpaliwanag tungkol sa batas ay ayaw nitong makinig.

Ang pinagpilitan ay mas malaki naman daw kaysa sa MAW o minimum allowable wage ang kanyang sahod kaya okay na daw iyon.

Pero gaya ng inaasahan, nang ipasa ni Andrea ang kontrata sa Polo ay hindi nakaligtas ang halagang nakasulat na food allowance. Kailangan daw itong itama at kailangan din pumirma ang amo kung saan may bura.

Pagdating ng bahay, hindi pa man naibubuka ni Andrea ang bibig ay “I told you so” na agad ang sinabi ng among babae sa asawa nito. Iiling-iling na lamang ang kanyang among lalaki. Si Andrea, may asawa at tatlong anak, ay isang Ilocana na taga-Davao. –Gina N. Ordona

Phl insurer backs down, gives subsistence allowance to OFW

The information on insurance benefits came from POLO.

By Daisy CL Mandap

A Philippines-based insurance broker has reversed its decision rejecting a claim for subsistence allowance by an abused Filipina migrant worker in Hong Kong, after coming under fire from Labor Attache Jalilo de la Torre.

PAMIOFW Management Service and Insurance Intermediaries, Inc., through Angelux Employment Agency, informed Mariel Tadalan  on Aug 17 that her claim for USD300 had already been approved. By mutual agreement, the amount was to be sent to her via Western Union.

The insurer’s change of heart came just four days after dela Torre fired off an angry letter, saying the insurer’s ground for denying the claim was “unprecedented and makes no sense”.

He also sent a memo to the Philippine Overseas Employment Authority which could file a case against the insurer with the Philippine Insurance Commission, if need be.

In a letter to Tadalan dated Aug 11, PAMIOFW said the claim could not be granted as the allowance was available only to those with ongoing labor cases. As Tadalan had already settled her case against her employer when she filed her claim, she was not entitled to the benefit anymore, it added.

Labatt dela Torre was clearly angered by the insurer’s reasoning.

“The reason for the benefit is to afford the worker some kind of temporary relief which can bridge her over some difficult times while the case is pending. It is not diminished by the fact that the case had already been settled or had been resolved in favor of either worker or employer,” he said in his letter.

He also noted that the law was still unknown to many migrant workers as it has not been fully disseminated, and so they were unlikely to file a claim as soon as they take their employers to court.

Still, he said, “There is nothing in the law nor its implementing regulations, which requires the worker to file their claim while the case is pending or while the case has not been settled yet. To impose a requirement that is not called for by the law nor its implementing rules is egregious and must not be tolerated”.

On receipt of his letter, the chairman of the insurance company reportedly berated his staff for denying the claim.

Tadalan, 36, walked out on her job on Apr 4 this year but was still awarded her full claim of $5,568 against her employer on July 7 at the Minor Employment Claims Adjudication Board. The officer said the employer had effectively terminated their contract from the time the worker was forced to sleep on the terrace outside his house.

Tadalan was also able to show proof of the other abuses she was subjected to during her employment that lasted just over two months, including being fed leftovers and given only four hours of sleep.

Under Section 37-A (e) of RA 10022, a subsistence allowance of at least US$100 per month for a maximum period of six months is payable to a migrant worker “who is involved in a case of litigation for the protection of his/her rights in the receiving country”.

The only other requirement is that the labor attache, or in his absence, an embassy or consular official, issues a certification stating the name of the case and parties, and the nature of the cause of action of the migrant worker.

In line with this, Tadalan was entitled to USD300 for the three months that she spent pursuing her case against her employer.

Sec 37 of RA 10022 also provides other benefits due a migrant worker covered by mandatory insurance, including:
1) A payout of at least US$15,000 in case of the migrant worker’s accidental death;
2) At least US$7,500 compensation in case of the worker’s permanent total disability;
3) Repatriation cost of the worker whose contract is prematurely terminated without valid cause, including the transport of his/her belongings. In case of death, the insurer should pay for the cost of repatriating the worker’s remains;
4) Money claims arising from the employer’s liability which may be awarded to a worker in a settlement of his/her claim with the NLRC. The insurance coverage for money claims shall be at least 3 months for every year of the migrant worker’s contract;
5) Transportation cost for the compassionate visit of a family member to a worker who gets hospitalized abroad for at least seven days;
6) Medical evacuation or medical repatriation of a sick OFW under certain conditions.

A Philippine legal expert consulted by The SUN said that an insurance company that refuses to pay a lawful claim  could be blacklisted, or even have its license revoked by the PIC.

Filipina in viral window-cleaning photos sacked by employer

M.R. was photographed by neighbors while cleaning her employer’s window.

By Daisy CL Mandap 

A Filipina domestic worker who was pictured by concerned neighbors clinging precariously to a wall while cleaning windows from the outside of a flat was terminated by her employers at midnight on Aug. 29.

M.R. Sta. Cruz, 37, told The SUN her employers kept prodding her to write a termination letter as she seemed to be unhappy working for them but she did not budge. In retaliation, she was given a termination letter and told to leave the house in the wee hours.

Before this, Sta. Cruz said she complained to her employers about being made to clean the outside windows of their first floor flat in Grand Garden, Repulse Bay, but was told their contract did not include this restriction.

Sta. Cruz, who is on her first overseas employment, said she and her employer signed the contract in August last year, but she arrived in Hong Kong to start working for his family on October 15.

That time the Hong Kong government had already confirmed plans to ban the cleaning of outside parts of windows but the restriction was added to the standard employment comtracts of foreign domestic workers only on Jan. 1 this year.

On page 3 of the new blue contract, which lists the Schedule of Accommodation and Domestic Duties, Item no. 6 states that:

“When requiring the Helper to clean the outside of any window which is not located on the ground level or adjacent to a balcony (on which it must be reasonably safe for the Helper to work) or common corridor (“exterior window cleaning”) the exterior window cleaning must be performed under the following conditions:—

(i) the window being cleaned is fitted with a grille which is locked or secured in a manner that prevents the grille being opened; and

(ii) no part of the Helper’s body extends beyond the window ledge except the arms.”

Despite the implementation of the new policy, Sta. Cruz’s employers appeared bent on ignoring it, and reportedly told her to clean the windows thoroughly on a daily basis.

The order was enforced even with the approach of a typhoon, which explained why the windows which dela Cruz was seen cleaning in the viral photos were all taped up.

“Ang dulas nga noon kasi maulan,” dela Cruz said. Despite this, she kept her usual practice of cleaning the glass windows thoroughly with wet newspapers before polishing them with a rag.

She said the pictures were taken by a concerned neighbor who noticed her daily window cleaning from an opposite building. it was this same neighbor she called when her employers ejected her from their house at an ungodly time on Aug. 29.

But being told to do the risky task was just one of the many things dela Cruz said she had to put up with during her 10-month employment.

She reportedly was not given a key to the house, was checked on constantly through the CCTVs installed throughout the house, had her passport taken away by her employer, was mostly fed leftovers, and was allowed to sleep only for four hours on average.

Last July, she said her employers forced her to take her annual leave while they went on a vacation in the United States. They reportedly told her she would be refunded her air fare if she ddin’t terminate their comtract ahead of time.

But when the employer and his wife chose to end the contract themselves they reportedly charged the vacation to her annual leave, and even deducted a sum from her last paycheck to pay for what was not covered.

Still, dela Cruz said she would have held on to her job because she needed money to help her husband provide for their three kids back in their hometown in Pangasinan.

“Unang kontrata ko pa lang at ayaw kong magka bad record kasi gusto kong makalipat sa ibang bansa, “ said dela Cruz, who holds a degree in computer science.

For now, she’s hoping to get help from Consulate officials so she could be allowed to process a new work contract in Hong Kong. The photos taken of her while cleaning windows from the outside on a stormy day could hopefully convince Immigration authorities that she had tried her best to keep her job.

Ex-DH jailed 8 weeks for overstaying 3 yrs

A Filipina former domestic helper was jailed for eight weeks on Aug 24 by a Shatin Court magistrate for staying illegally in Hong Kong for three years and nine months.

Dorotea Sadang, 48, pleaded guilty to a charge of “breach of condition of stay” when she appeared before Magistrate Lam Tsz-kan.

The prosecution said Sadang, a former domestic helper, was allowed by the Immigration authorities to stay until Oct 28, 2013. But after her visa expired, Sadang stayed illegally until she was arrested on Aug 21, the prosecution said.

In mitigation, the defense lawyer said Sadang tried to find an employer after she was fired by her employer in 2013.

When she failed to find one so she decided to remain in Hong Kong to work illegally because she had two daughters to support in the Philippines.

The lawyer pleaded for leniency for her client, saying she was remorseful and wanted to be reunited with her children.

But Lam only gave her the standard discount of eight weeks in prison for  her guilty plea. – Vir B. Lumicao

HK migrant workers call for $5,500 minimum wage

AMCB spokesperson Dolo Balladares (with mic) speaks to the press while
Indonesian leader Sringatin (center) and Mariel Tadalan look on

By Daisy CL Mandap

One of the biggest migrant workers’ groups in Hong Kong has called on the government to increase the minimum salary of foreign domestic workers to $5,500 (US$706) and the food allowance to $2,500 (US$321) per month.

The call was made by the Asian Migrants Coordinating Body (AMCB) at a protest rally held on Chater Road, Central last Sunday, Aug 20.

According to AMCB spokesman Eman Villanueva, their calls focused on three Ws: wage, working hours and working and living conditions, and their impact on the health of foreign domestic workers.

In its statement, AMCB said the wage increase it is seeking will allow migrant domestic workers to cope with the increasing cost of living in Hong Kong.

The food allowance sought, on the other hand, is meant to ensure the workers’ well-being and their capacity to work.

Currently, the “minimum allowable wage” set for foreign domestic helpers in Hong Kong is $4,310 and the food allowance, which is given only to those who don’t get free food from their employers, is $1,037.

Previously, it was $4,210 and $995, respectively.

“The measly increases of the MAW for the past years are very much insufficient to reach a living wage for MDWs. Inflation in Hong Kong is constant, yet the wage of MDWs are not adjusted accordingly against the upward trend of the cost of commodities and of living in HK,” said the AMCB statement.

During the rally, a Filipina domestic worker who made headlines after she won a constructive dismissal case against her Hong Kong employer who made her sleep on the terrace and on the kitchen floor of his house, was made to speak.

Mariel Tadalan echoed the call for better sleeping arrangements for all FDWs.

AMCB expanded the demand to include the scrapping of the mandatory live-in arrangement for FDWs.

“It is disappointing that despite the overwhelming (number of) cases and evidence of the impact of the mandatory live-in arrangement, the government has refused to even review the flaw of such policy. The AMCB maintains that accommodation arrangement should be of mutual consent between employers and MDWs while categories of unsuitable accommodation should be made more clear,” the group said.

AMCB plans to hold a series of mass actions starting Sept. 3, while pursuing dialogues with legislators and HK labour officials to press their demands.

Labatt tells Filipino maids, report employers who force you to work in China

By Daisy CL Mandap

Labor Attache dela Torre 

Filipino domestic workers should complain when their Hong Kong employers bring them to China for work, according to Labor Attache Jalilo dela Torre.

At the same time, he said Hong Kong Immigration should not tolerate the illegal practice by some Hong Kong employers of making their helpers work on the mainland.

Labatt dela Torre was reacting to reports that the employers of Filipina domestic worker Lorain E. Asuncion who died in Shenzhen last month had been arrested by the police in Hong Kong last Thursday, Aug. 17. The couple was held on a charge of conspiring to defraud HK Immigration by claiming that their domestic would work only in the territory.

Police reportedly found out that the Filipina had been taken across the border by her employers four times in the nine months that she was in their employ.

Lorain Asuncion

Asuncion, 28 and single, reportedly fell from a building in Shenzhen on July 24 after her employers allegedly sent her to work there for the father of her female employer. The exact cause of her death is still being investigated.

“Bringing domestic workers to China for work shouldn’t be tolerated by the Immigration Department because it constitutes a continuing breach of condition of stay,” dela Torre told The SUN in an online message. “I don't think she (was) being brought there to enjoy the sounds and sights of China”.

On the other hand, he said Filipino domestic workers should do their part in averting the commission of the said illegal act.

“Our domestic workers shouldn't allow themselves become an unwilling party to the immigration offence. They should report to Immigration that the employer has plans to bring them to China,” dela Torre said.

While some domestic workers are allowed to accompany their employers abroad for a vacation, the labor official said a distinction should be made.

“If the intention is to make them work,” he said HK Immigration should not allow it.

His call echoed that made earlier by Indonesian Consul General Tri Tharyat, who called on the Hong Kong government to crack down on the practice.

“We have to stop this practice now,” Consul General Tri told the South China Morning Post in an interview. “I don’t think we need to wait for someone else to die because of this.”

Indonesia’s top diplomat said it was not realistic to expect the helpers to report to the authorities on such cases because they are scared of losing their jobs.

“I think we should work on a policy level and operational level. There should be more stern measures taken by the Hong Kong government against these employers who employ their helpers in more than one address ... I really hope there are more sanctions,”

Tri reportedly said.

Anyone found to have provided false information to Immigration could be prosecuted and face a maximum fine of $150,000 and imprisonment of up to 14 years.

However, until Asuncion’s death, no employer had been arrested or held liable for breaching the law against bringing a domestic worker to China for work. In a few cases reported to The SUN, it was the Chinese authorities which rejected visitor’s visa applications made by employers for their foreign domestic helpers.

2 Pinoy gays jailed 2 months for selling sex

By Vir B. Lumicao

Two Filipino gay tourists were each sentenced to two months in jail on Aug 10 after they both pleaded guilty in Eastern Court to charges of soliciting sex and breaching immigration rules two nights earlier.

Defendants Prince Galabin, 20, and Egypt Nacion, 28, both unemployed, appeared along with a third Filipino, Stephen Mark Polines, 28, before Magistrate Bina Chainrai for plea taking.

But only Galabin and Nacion pleaded guilty to one count each of “soliciting for an immoral purpose” and “breach of condition of stay.”

Chainrai convicted the two Filipinos and sentenced each to two months in jail for each offence, to be served concurrently.

Polines was ordered to return to Eastern Court on Aug 24.

A prosecution report said the three were arrested separately during anti-street prostitutes operations mounted by police in Wanchai on the night of Aug 8 and 9.

Galabin approached police undercover agent David Neil Bennet as the officer, posing as a sex customer, stood at the corner of Luard Road and Jaffe Road at 10:29pm on Aug 8, the report said.

The Filipino offered Bennet sexual services for $2,000. When the officer agreed, Galabin invited him to his room in Holiday Inn Express, Causeway Bay. In the hotel room, Bennet identified himself as an officer and arrested Galabin for soliciting.

After turning Galabin over to his team, Bennet went back to his post at the same street corner in Wanchai. At 12:17am on Aug 9, he was approached by Nacion, who chatted with him and also offered him sex for $2,000.

Bennet accepted the offer and Nacion took the officer on a taxi to the same hotel in Causeway Bay. When they got to the guest room, the agent took off his cover and arrested the Filipino for soliciting.

 Polines was arrested on the same night after he also invited Bennet to the same hotel for sex at the same price.

Galabin, Nacion and Polines were also charged with breaching their condition of stay when their passports showed they were in Hong Kong as tourists. Galabin arrived on Aug 3, Nacion on Aug 1 and Polines on Aug 8.

Pregnant DH set to fly home after winning appeal

By Vir B. Lumicao

A pregnant Filipina domestic worker who was sentenced to three months in jail for working in her employer’s restaurant was ordered released immediately by the High Court on Aug 2 so she could fly home the next day.

But the appellant, Candelaria Fabroa, was warned sternly by Justice Audrey Patricia Campbell-Moffat to leave Hong Kong on Aug 3, or she would again be in breach of law and returned to jail as her recognizance paper was expiring on the same day.

“Remember that yours is an exceptional case. I’m doing this because you are pregnant,” Campbell-Moffat told the appellant.

The judge took just a short time hearing the case as she had already heard the issues when Fabroa first appeared in court to apply for leave to appeal out of time on July 14.

The judge asked Fabroa to present in court two documents: her pregnancy test result and her plane ticket to the Philippines, before allowing the appeal to proceed.

At the same time, the judge instructed Fabroa to ask Shatin magistrate Colin Wong his reasons for convicting the maid.

Campbell-Moffat upheld Wong’s reasons for convicting Fabroa despite the Filipina’s claim that the magistrate had ignored the weight of her evidence during trial in December last year.

Wong had relied on the testimony of an immigration officer who arrested Fabroa on July 26 last year at the Big Mama restaurant in Shaukeiwan.

The officer, together with a colleague, posed as customers and were served by Fabroa who was then wearing an apron. Not only did she take their order and punched it into the cash machine, she also served their food and took a $100 bill from them as payment. She was also seen by the witness in the act of putting some food in a plastic takeout bag.

In her defence, Fabroa said she was just helping a Filipino staff in the restaurant when the officers arrested her.

But Campbell-Moffat allowed the appeal against sentence mainly because the appellant was five months pregnant and wanted to go home as soon as possible.

The judge was moved to help after learning that the Filipina was turned away by Hong Kong hospitals when she needed a checkup because she had no Hong Kong ID, just her recognizance paper by Immigration.

Campbell-Mofatt ordered that Fabroa’s three-month sentence be reduced by 44 days, effectively releasing the appellant, who had already served 46 days,

The judge instructed Fabroa to go to the Castle Peak Immigration Centre in Tuen Mun on Aug 3 where she would be given back her passport and escorted to the airport.

Asked whether she had any question, the Filipina said: “I just want to ask if I can work again in Hong Kong after I give birth.”

The judge referred the question to Daryanani, who consulted the Immigration lawyer and then replied it was possible for long-term employees but on a case-by-case basis. He cited as precedent a convicted maid who was allowed back by Immigration because she had been taking care of an elderly man for a long time.

On free passage, food and traveling allowance

By Cynthia Tellez

Free passage

It is clear in the standard employment contract (SEC) that your employer must provide YOU (worker) a free passage from your place of origin to Hong Kong and another free passage to your place of origin once your contract is prematurely terminated or is completed (finished contract).  Free passage is specified under the SEC’s Clause-7(a).

An airfare or an air ticket is the most common and fastest way for you to return to your place of origin. Employers provide an economy air ticket or equivalent cash.

The airfare or the air ticket must be based on your place of origin, which is written on the SEC’s Clause-1.

However, there are instances when employers and/or through agencies provide an air ticket with Hong Kong-Manila route only even if your place of origin as stated in the SEC’s Clause-1 is somewhere else. That is also why it is important that you state your exact home address in the said Clause.

Many times, the agency writes in the contract as your place of origin the place where you stayed as transient during your application, which is either in Metro Manila or the city/town center in your province. This makes it easier for them to process and follow-up your documents for deployment to Hong Kong. Doing so will compromise your right to free passage back to your place of origin. Remember, you must ensure that what is written in your SEC’s Clause-1 as your place of origin should be the address where you reside. This is relevant as well to your daily food and traveling allowance under Clause 7 which will be discussed later in this article.

When settling your entitlements upon end/termination of contract, do take note that when your employer has not paid you all that you are entitled to and you have no other recourse than to pursue your claims through the Labour Department or HK courts, it is not advisable to accept an air ticket yet. Because once you accept an air ticket and you still have not received other payments due you, the air ticket can either expire or you may have to pay a rebooking fee that amounts to a few hundred dollars. As your employer has already fulfilled her/his obligation under your SEC’s Clause 7(a) by issuing you an air ticket that you have duly accepted, you can no longer claim a replacement even if other claims are still under dispute.

Daily Food and Traveling Allowance

It is also clearly stated in the contract that your employer must pay you a daily food and traveling allowance amounting to HK$100 per day, from the date of your departure from your place of origin until the date of your arrival in Hong Kong, traveling by the most direct route. The same payment must be paid to you by your employer on your return to your place of origin, whether your contract is prematurely terminated or completed (finished contract). Daily food and traveling allowance is laid down under SEC’s Clause-7(b).

However, there are instances when employers only pay the worker one way, such as at the end of the contract only. If your employer has not paid you the daily food and traveling allowance of HK$100 when you arrived, you are entitled to claim it.  Oftentimes, this is being overlooked.

If your travel from your place of origin to Hong Kong takes more than a day, and your travel back to your place of origin is the same, it is your employer’s obligation to provide you a daily food and traveling allowance calculated by how many days your travel took. Again, you have the right to claim it. This shows the importance of ensuring that your place of origin is correctly written on Clause-1 of your contract, and why your first day of employment is from the time you took the ride going to Hong Kong.

Start of Contract

It is not unusual that upon your arrival in Hong Kong, the agency takes you to the Immigration Department for registration to get a Hong Kong Identity Card, then to a clinic for another medical check up, maybe, and to many other places to comply with the requirements set either by the employer or by the agency itself. Keep copies of whatever documents you should have (like medical certificate) especially those that you signed. A day or so (sometimes several days) after, your employer picks you up to bring you to their house. Many times, they consider it as the first day of work. This is wrong. Your day of arrival is the first day of the contract. That is your first day of work. Fulfilling the requirements of the Hong Kong government is part of the working days. More so if the days are used to do other requirements imposed by the employer or the agency (remember, the agency is an extension of your employer until you finally are in your employer’s house). Those days are not to be reckoned as unpaid days off.

Never forfeit your right to free passage and daily food and traveling allowance upon arrival from your place of origin and upon your departure back to your home. Know when the contract starts. It is best to read through the clauses in your contract and to understand them. Ask when in doubt. Do not presume. Keep a diary so you will not forget important events and circumstances. Should you have any queries or concerns on the above matters, it is best to consult service providers for migrants such as the Mission For Migrant Workers (tel.no. 2522 8264) or the Labour Department branch near your place of work.

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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.

Maaga pa para magbalak lumipat sa China

Ni Vir B. Lumicao

Ligtas ba ang kababaihan natin kung magpapakatulong sila sa China? Ito ang tanong na naglalaro sa aking isipan matapos ihayag ng isang opisyal ng Department of Labor and Employment na papayagan na raw ng Beijing ang pagpasok ng mga dayuhang katulong.

Bagamat pinabulaanan mismo ni Labor Secretary Silvestre Bello III ang pahayag na iyon, maraming kababayan natin ang natuwa sa balita dahil sinabi pa umano ni Undersecretary Dominador Say sa kanyang hilaw na pahayag na ang sahod sa mga kasambahay doon ay halos US$2,000 bawat buwan.

Agad nagalak ang marami sa mga OFW sa balitang ito dahil sa mataas na sahod, na halos apat na ibayo ang higit sa buwanang pasahod sa mga katulong sa Hong Kong, at walong beses na mas malaki kaysa sa suweldo sa Middle East.

Isipin mo nga naman, kung ang nagtulak sa iyo para magpakatulong sa Hong Kong ay para makapag-ipon ng pampabahay sa loob ng 10 taon, baka tatlong taon mo lang pag-iipunan iyan sa China at makakauwi ka na.

Ngunit hindi ganyan kadali ang usaping pagpapadala ng katulong sa China. Maraming bagay ang kailangang isaayos ng mga gobyerno ng Pilipinas at China bago sila magpirmahan ng bilateral labor agreement na siyang hudyat ng pagbubukas ng pinto ng China para sa mga dayuhang katulong.

Isasaalang-alang ng magkabilang panig ang mga gabay sa pagkuha at pagpapadala ng mga kasambahay doon, tungo sa ikaaayos ng programang iyon para sa kapakinabangan  ng dalawang bansa.

Tulad ng sa Pilipinas at Hong Kong, mayroon ding mga alituntunin na dapat sundin ng China at Pilipinas upang magiging makinis ang pagpapatupad sa kanilang kasunduan.

Pagkatapos niyan, naririyan ang usapin sa kaligtasan ng mga katulong na ipadadala natin sa China. Ang hantungang iyan ay bago sa mga pantahanang OFW na dahil nanatiling sarado ang pamilihang iyan hanggang sa ngayon.

Malaking usapin ang magiging kaligtasan ng mga kasambahay na Pinoy na pupunta sa China dahil napakalaking lugal ito at hindi natin natitiyak na mababantayan ng mga alagad ng batas doon ang mga dayuhang katulong dahil, katulad sa Hong Kong, titira ang mga ito sa bahay ng mga amo.

Katulad din sa Hong Kong, o kahit saanmang lupalop na pupuntahan ng mga Pinay at alinmang lahi para magpakatulong, hindi nakikita ng mga pulis ang nagaganap sa loob ng mga bahay. Dahil sa ganitong sitwasyon, mahirap patunayan kapag nagreklamo ang isang kasambahay na ginawan siya ng masama ng kanyang amo o iba pang kasama sa bahay.

Naalala ko tuloy ang sinapit ng isang Pinay na pinasunod ng kanyang mga amo sa China kamakailan upang samahan sila habang nakabakasyon doon.

Sumunod ang katulong sa Shenzhen nang Sabado at pagdating ng Lunes ay napabalitang patay na siya – nahulog diumano mula sa bintana ng bahay ng magulang ng amo niya. Hanggang ngayon ay isang palaisipan pa ang nangyari at kasalukuyang sinisiyasat ng pulisya ng China.

Kunsabagay, nangyayari rin ang ganitong trahedya kahit saang lugal na pinupuntahan ng mga OFW, maging dito sa Hong Kong na itinuturing na isa sa pinakaligtas na siyudad sa mundo. Katunayan nga ay mas maraming nagaganap na hindi maganda sa mga OFW na nasa Middle East kaysa sa mga napabalitang trahedyang sinapit nila rito sa Hong Kong.

May tinatayang 200,000 manggagawang Pinoy na nagtatrabaho sa China nang labag sa batas ng bansang iyon, at karamihan sa kanila ay mga kasambahay, ayon sa mga opisyal ng DOLE. Dahil sa palihim ang kanilang pamamasukan doon, hindi nababantayan ng gobyerno natin ang kanilang kalagayan.

Sa ngayon ay maaga pa upang maghangad ang mga OFW na lumipat sa China. Wala pang kasunduan para sa pagpapapasok ng mga katulong na Pinoy doon. Maghintay muna at kung maayos na ang kanilang kalagayan sa Hong Kong o saan man ay baka mas mabuting manatili sila sa kasalukuyang trabaho.