Filipina files legal challenge to live-in policy for FDWs

By Vir B. Lumicao

Filipina domestic workers line up to process work contracts 
at the Philippine Overseas Labor Office

A Filipina has launched a landmark 

challenge in the High Court against the Hong Kong government’s policy prohibiting her and her fellow migrant domestic workers from living outside their employers’ homes.

The hearing of Nancy Lubiano’s application for a judicial review of the policy that was imposed by Hong Kong Immigration in 2003 began on Oct. 3 before Judge Stephen Chow.

Lubiano, who arrived in Hong Kong in 2011, claimed she suffered abuse at the hands of her former employer due to the live-in policy.

A Filipina maid was made to sleep
in this tny space in the kitchen 

Named respondent in the application was the Director of Immigration. Lubiano is represented in the case by prominent human rights solicitors, Daly, Ho and Associates.

The challenged is premised on the following grounds:

1)      That the Director of Immigration imposed the live-in requirement ultra vires, or outside the law. He has no power to impose a limit to the conditions of stay, or a precondition to issuing a foreign domestic worker’s visa, under section 11 of the Immigration Ordinance.

2)      That the requirement for live-in accommodation is unconstitutional as it violates the prohibition against servitude in the Hong Kong Bill of Rights, and the international rule against forced labor. It also violates a worker’s rights under the Basic Law to adequate rest and holidays, and heightens the risk of breaching the fundamental human, labor and economic rights of helpers.

3)      The live-in requirement is discriminatory as it goes against the “protected characteristic of the applicant as a ‘migrant worker’.”.

4)      The live-in requirement must be scrutinized under common law because its mandatory aspect allowing only an “unadvertised and highly limited class of exceptions”, is irrational.

Lubiano’s counsel, barrister Paul Shieh SC, spent more than a day arguing against what he called an unconstitutional policy that is not in the Basic Law of Hong Kong.

Shieh said his client – along with other foreign domestic helpers – believe the live-in rule infringes on her right to privacy because she is forced to endure unsuitable, inhumane or degrading accommodation.

The live-in rule also places FDHs in a vulnerable position where they are unable to establish social contacts through which they could seek aid or advice.

As well, their isolation in the homes of their employers makes them vulnerable to abuse, maltreatment or exploitation by employers and puts them at risk of doing forced labor, the lawyer said.  

“The government should have considered the deleterious effect of the live-in rule on the foreign domestic helpers,” Sheih said, as he rued that Hong Kong has no law penalizing those who engage in forced labor.

Arguing on the second day of the hearing, barristers Benjamin Yu, SC and Abraham Chan, SC took turns rebutting the arguments of Shieh. They said the live-in rule is based on law, and is actually intended to protect FDHs while serving their employers.

Yu also said that while there had been cases of assaults of FDHs by their employers,  there was no evidence that they were caused directly by the policy.

As a matter of fact, he said there were more incidents of helpers getting hurt outside their place of work than those who were assaulted by their employers.

The lawyer also said that despite the live-in policy, a big number of foreign helpers - 108,199 of them - renewed their work contracts in 2016.

Due to the protracted arguments, the hearing originally set for two days will continue on Monday, Oct. 10.

Exam takers upbeat, unsure after ‘tough’ LET

Hopeful examinees get ready to plunge into the Licensure Examination for Teachers held at the Delia Memorial School in Kowloon.

By Vir B. Lumicao

Aspiring instructors expressed mixed feelings when they emerged from the special Licensure Examination for Teachers held at the Delia Memorial School in Kowloon on Sept 24.

According to staff of the Philippines’ Professional Regulation Commission who administered the test, this year’s LET went on smoothly. The PRC team was assisted by members of the National Organization of Professional Teachers - Hong Kong.

Some examinees queried by The SUN said the exam was tough, particularly when it came to the various tests for their majors, as many of the questions were unexpected. But others said they were optimistic they would pass. 

A total of 460 would-be teachers started arriving at the exam venue, by bus or taxi, as early as 4:30am, making sure they arrived there before the 6am deadline set by the PRC. 

The 215 elementary-level examinees were distributed in 10 fourth-floor classrooms while the 245 secondary-level takers were packed in the auditorium. 

When the first part of the exam, General Education, got under way at 8am after the general instructions and filling out of forms, all but one of the expected examinees had shown up, PRC exam supervisor Gregorio Delloro told The SUN.

 By the time the school cleaners began preparing to clean up the venues at 6:30pm, all but  a handful of math majors were still rushing to finish the test.

“Mahirap po,” Rosielyn Parreno replied when asked by The SUN about how the exam went. She said the test questions had not been anticipated in the intense review. 

“Siyempre mahirap, lalo na yung sa major,” Lorilyn Orozco chimed in as the two Filipino majors followed the first few who emerged from the venue at around 4:20pm.

But both women said they were confident of passing the test, which would earn them a license as professional teachers back in the Philippines.

“I will go back home and teach if I pass the exam. Opo naman, kasi pinag-aral ka ng almost five years tapos maghuhugas ka lang ng pinggan,” said Parreno, who said it was her purpose for taking the exam after coming here to work as a domestic helper five years ago. “Uuwi para doon na kami magsisilbi.”

Karen Gay Fernandez, who majored in technology and livelihood education, found the test in her major very difficult because she was not familiar with plumbing, masonry, fisheries, and other skills which figured in the test questions.

Asked about her chances of passing, she replied jokingly: “Babalik ako next year.”

Delloro said the examinees were possibly confused because this year the PRC decided to bunch the examinees according to their majors or the focus of their studies. He said perhaps those who found the exams hard were shifters from other disciplines, say, accounting, in which case they would be placed under the math category.

The PRC team, led by Gina Emperado, along with NOPT HK members, arrived at the site at around 5:30am on Sunday to prepare the test papers and forms to be filled up by the examinees as soon as Delia’s gates opened at 6am.

The day before, the same group was at the school for the briefing of the 42 NOPT members who were deputized by the PRC as proctors and watchers.

Gemma Lauraya, NOPT HK president and floor supervisor, said she was hopeful the examinees would show better results this year despite having to travel in the wee hours to the test center by any available public transport.

She said the would-be elementary teachers were luckier than their secondary-level peers because they were assigned to the more comfortable 25-seater Delia classrooms. The future high school teachers, in contrast, were seated almost elbow to elbow in the school’s auditorium.

Delloro said the results would be known in about a month.

The PRC team was led by Gina Emperado, coordinator and building supervisor. Other team members were Delloro; Crescencia Bartolome, supply coordinator, and Marichor Empedrad, disbursing officer and attendance supervisor.

Newly fired DH sees redemption in LET

Domestic worker Joann Tamundong would have returned to the Philippines days before the exam after being terminated by her Hong Kong employer of four months.

“Hinintay ko lang talaga ang LET para makapag-exam dito bago ako uuwi,” the thirtyish woman told The SUN in a street interview in Kwun Tong after the special Licensure Examination for Teachers on Sept 24 for Hong Kong OFWs.

“Kapag pumasa ako, magtuturo na ako. Hindi na ako mag-o-OFW,” she said.

It was the second time that Tamundong had taken the exam. She first sat for the LET in 2013 when she was teaching in a private elementary school in her home province Tarlac, but failed to pass it.

Then the call of overseas work came and she went to Oman to serve an Arab family. She finished her two-year contract and applied for a job in Hong Kong, a dream destination for many Middle East OFWs who are virtual prisoners in their Arab employers’ homes.

But Hong Kong was a big disappointment for Tamundong, who paid Php39,000 for training, medical and other pre-departure fees just to come here. “Nakaka-stress, iba ang ugali nga mga amo. Masyadong demanding. Grabe! Kulang na lang hindi ka hihinto,” she said.

Perhaps due to the stress she forgot to bring along her registration fee receipt and was almost not allowed to take the exam. Fortunately, said exam supervisor Gregorio Delloro, the Professional Regulation Commission team decided to let her take the test first, then go and get the receipt from her shelter afterwards.

Asked how she fared in the exam, Tamundong said it was difficult, especially the General Education test. But then, she said the questions were the same as in the exam in 2013, but were just rephrased this year.

Tamundong was to fly home on Sept 27, but would return in October to try her fortune with another employer.

But what if she passed the LET?

She said she would work for her new employer until her new contract ran out, then go home for good and teach in Tarlac. “Tatapusin ko lang ang contract ko dahil hindi maganda ang mag-break, lalo na galing ako sa termination,” she said.

Buddies Jhona May Alicaycay (left)
and Cyrill Mariano. 

Another examinee, Cyrill Mariano from Isabela, tugged her small suitcase to Delia Memorial School Hip Wo, the exam venue, as she traveled all the way from Macau to take the licensure exam. After the test, she headed back to Macau, tired but exuberant.

“Pasado ba?” asked Gemma Lauraya, president of the National Organization of Professional Teachers, when Mariano and her buddy Johna May Alicaycay, emerged from the secondary-level test venue at 6pm.

“Pasado, Ma’am. Magkita-kita tayo sa oath-taking,” replied the two, who both had music, arts, physical education and health as their majors.

Mariano said she had been teaching in Macau since 2014 and took the exam just to secure a license in preparation for her eventual return home. In the meantime, she said would continue to work in the former Portuguese colony.

The equally optimistic Alicaycay, from Cagayan, said she would just finish her current two-year contract as a helper in Hong Kong then go home if she passed the exams.
—Vir B. Lumicao

Police look into Pinay’s drowning

By Daisy CL Mandap

Hong Kong police are still investigating the case of a Filipina described by her kin as a “strong swimmer” who was found drowned on Repulse Bay early on Thursday, Sept. 21.

Rufina Babtoog Canuto-Killip, 46, who reportedly lived in Tavistock 2, Tregunter Path in Mid-Levels, went missing the previous night after apparently going out on her own to swim.

A late-night swimmer reportedly called the police after finding Killip’s bag, slippers and other personal items on the beach at about 9pm on Wednesday night but she was not around.

When the police came they saw Killip’s wallet and ID card, and suspected that she was missing. An air and sea search was launched, but she was not found.

At 6:15am on Thursday, a swimmer reportedly called police to say he had found the body of a woman wearing a swimsuit and floating about 100 meters from the shore.

Killip was already dead when her body was recovered by firemen.

Filipino domestic workers living nearby said the police had shown them Killip’s HKID card and asked if they knew her. They also recalled hearing the government helicopters flying throughout the night searching for her.

According to the victim’s sister, Maximina Cuaresma, who is in the Philippines, their family was surprised to hear that Killip had drowned because she was a good swimmer, having learned how to swim while she was in college in Davao.

Cuaresma said her family used to live in Benguet, but has since moved to Isabela, where Killip also lives with her husband Eddie and their 15-year-old son. “Confirmed kaya na drowning ang cause of death, dati po kasi siya naglalangoy; laking Davao po siya,” said Cuaresma in a message to The SUN.

Asked about this, Vice Consul Bob Quintin who heads the Consulate’s assistance to nationals section, said: “There are a lot of possible scenarios right now, but we’d rather not speculate since there are no eye-witnesses at this point”.

Another relative who posted in The SUN’s Facebook page in the name of “Undefeated Igorota,” confirmed Killip was a strong swimmer, and sought to quash speculations as to why she was swimming at night alone.

“She is our relative. She is a good and hardworking mother. She used to swim there alone whenever she (was) free and she (was) a good swimmer. But we accept the fact that this could be the verdict of heaven for her. This is a lesson to all not to (swim) alone. Do it in groups..” said the post.

Killip’s relatives say they have yet to be told on where her remains will be shipped to the Philippines, although her employers have committed to paying for the repatriation.

Filipina plans to take govt to court for injured arm

By Daisy CL Mandap

A longtime Filipino community leader has applied for legal aid to claim compensation for the injuries she suffered when her left leg got caught in a gap in a drainage cover in Sheung Sze Wan Village, Clearwater Bay on Aug. 17.

Merly Terne Bunda, an Ilonggo correspondent of Bombo Radyo and a contributor of The SUN, dislocated her elbow when she tried to break her fall.

She is seeking legal aid in pursuing a personal injuries claim against the government agency responsible for maintaining the drainage cover near her employer’s house, most likely the Drainage Services Department.

With help from the Mission for Migrant Workers, she is also filing a claim for employees’ compensation for her injuries as she was at work when the accident happened. Bunda said she was then on the way to the beach with a fellow maid and her two young wards.

One of her neighbors, a local Chinese man who called for an ambulance to help her, told Bunda later that he had called relevant government authorities to cover the gap after his leg was caught in it earlier, but no one came.

He has volunteered to write a statement to support Bunda’s claim for compensation.

A solicitor who gave initial advice to Bunda said testimonies from eyewitnesses, especially as to the apparent neglect in keeping the public facility safe, would help her greatly in pursuing a claim for compensation against the government.

As for employees compensation, the solicitor said it was enough that the accident that incapacitated the worker, whether permanently or temporarily, happened “in the course of work”. The duration of the sick leave would also be important in determining how much compensation she should get.

According to Bunda, three other village residents also had their legs caught in the gap earlier, including another Filipina domestic worker who has since gone to Canada, as well as a child. But no one apparently filed suit because they only suffered minor injuries.

Bunda says the Chinese man who has been helping her has since covered the gap with a piece of plywood, but no one from the government has responded to appeals to fix the problem permanently.

Bunda was admitted to Tseung Kwan O hospital for two days after the accident, and her left arm was put in a splint secured by metal screws. She was given 13 days’ sick leave and told to return to have the splint removed on Aug. 21.

But after the splint was removed, the doctor noticed that the swelling around her elbow had not subsided, and the flesh was still tender to the touch, so Bunda was told to take time off work again until Oct. 16.

She says the doctor told her it would take up to four more weeks before her arm is fully healed.

She is now complying with the documentary requirements for legal aid so she can pursue her claims.

OFWs mark martial law with anti-Duterte rally at PCG

Migrant workers gather outside the United Centre in Admiralty, where the Consulate is located.

By Vir B. Lumicao 

About 60 militant overseas Filipinos and their local supporters called for an end to brutal killings and condemned President Rodrigo Duterte’s alleged drift towards tyranny as they marked the 45th year of the declaration of martial law by Ferdinand E. Marcos.

The protesters who wore black shirts like their counterparts in Manila, vowed to resist Duterte’s threats to impose martial law nationwide in an hour-long noontime rally at the Consulate in Admiralty under the watchful eyes of about a dozen policemen. 

“We did our part in resisting the old tyrant, we shall do our part in resisting the rising tyranny of the Duterte government. We say no to Duter-tyranny!” declared Eman Villanueva, chairman of the Bagong Alyansang Makabayan (Bayan) Hong Kong and Macau Chapter.

He also said, “Duterte is on his way to becoming the new Marcos!”

The rally was in response to calls for protests by the Movement Against Tyranny, which spearheaded a massive rally at Rizal Park on the same day.

Towards the end of the protest, a joint statement signed by various Hong Kong-based organizations and individuals expressing opposition “to the rising tyranny and threats of nationwide martial rule” by the Duterte administration was presented to a Consulate representative.

The signatories included prominent church leaders and human rights advocates in the community.

They said Duterte’s path to tyranny is shown by the following acts:
- the unabated killings by the police and the armed forces of up to 13,000 people, mostly in the name of the war on drugs
- the declaration of martial law in the whole of Mindanao
- the attacks on the judiciary and the “immobilization” of the Commission of Human Rights
- the declaration of an end to peace talks with the leftist National Democratic Front of the Philippines
- enabling the return of the Marcoses to power, including allowing the burial of Ferdinand Marcos in the ‘Libingan ng mga Bayani”

“We are united in condemning the senseless deaths due to the mindless war on drugs. We are united in safeguarding the gains of the Filipino people in the long struggle against the former dictatorship of Marcos. We are united in stemming the new tide of tyrannical rule that grips the country,” said the joint statement

The rally’s first speaker, Fr Dwight dela Torre of the Philippine Independent Church, said the government is mandated to protect people’s lives yet its war on drugs had already left more than 13,000 mostly poor victims of extrajudicial killings.

He said there were “unabated killings of peasants, indigenous people and human rights, justice and peace advocates and political activists” suspected to have been carried out by police and vigilantes.

All rally speakers including Eni Lestari of the Asian Migrants’ Coordinating Body and Hong Kong trade union leaders and human rights advocates said Duterte’s all-out war against communist rebels was victimizing civilians, peasants, and indigenous peoples.

Villanueva said protests will continue in the Philippines and in various cities and countries around the globe for as long as Duterte takes “the path of martial rule and puppetry to foreign powers.”

“Duter-tyranny, as with the fascism of Marcos, will face the resistance of Filipinos everywhere. It did not triumph before and will surely not triumph now,” he concluded.

Ipinaglaban ang karapatan

Laking tuwa ni Elvira Vazquez kamakailan dahil nagawa niyang ipaglaban ang kanyang karapatan laban sa mga madayang tauhan ng isang tindahan sa WorldWide Plaza sa Central.

Napaaway si Vazquez sa mga tindera doon nang kulang ang isukli sa $500 na ibinayad niya sa kanila noong Set. 17, bandang 5pm. Imbes $472 ay $72 lang ang ibinalik sa kanya dahil $100 lang daw ang iniabot niya.

“Hindi ko sukat akalain na ang $400 ko ay maglaho nang parang bula!” ang sabi ni Elvira. Nang magpilit siya na tingnan nila sa CCTV na nakaumang sa kahera kung magkano talaga ang ibinayad niya ay sinabihan siyang hindi malinaw ang kuha. Katakot-takot na pang-aalipusta pa ang ginawa sa kanya kaya napilitan siyang umatras pansamantala.

Humingi siya ng payo sa The SUN, at sinabihan siyang kung Pilipino ang may-ari sa tindahan ay maari siyang humingi ng tulong sa Konsulado. Kung Intsik naman ay mas maigi na sa Consumer Council siya lumapit para mapilitan ang may-ari na ipakita ang kuha sa CCTV.

Sinabihan din siya na sana ay tumawag siya agad ng pulis para agad nagkaalaman kung sino sa kanila ng tindera ang nagsasabi ng totoo.

Sabi ni Elvira, nataranta lang daw siya nang sobra noong mga oras na iyon, at kailangan na rin niyang umuwi sa bahay ng amo niya, kaya siya nag blackout. Pero malaki naman ang kumpiyansa niya na maipaglalaban niya ang kanyang kaso dahil may resibo siya mula sa BDO na nag withdraw siya ng $3,000, bago dumiretso sa kalapit na tindahan para mamili.

Noong sumunod na Linggo, Sept. 24, ay bumalik siya muli sa tindahan kasama ang isang kaibigan at muling hiningi ang kuha sa CCTV ng tindahan. Ganoon na lang daw ang gulat niya nang isang screen shot na malabo ang ipinakita sa kanya.

Dahil hindi nakontento ay sinabihan niya ang mga tindera ng “Good luck na lang sa footage ng CCTV ninyo, magko-complain ako sa Consulate!”

Kinabukasan, Lunes, bandang 5pm ay tinawagan siya ng isang tauhan ng tindahan at ibabalik daw ang pera niya. “Nag thank you na lang ako kahit ang dami-dami pa nilang sinabing iba”, sabi ni Elvira. Sapat na daw na naipaglaban niya ang karapatan niya at napahiya niya ang mga taong pilit siyang dinadaya. Sana daw ay magsilbing aral din ito sa mga kapwa niya OFW na maaaring malagay sa parehong sitwasyon. - DCLM

Nainis sa mareklamong kapatid

Kunsumidong kunsumido ang ate ni Vivian na si Vilma dahil sa pagiging reklamador ng kapatid. Pinalipat ni Vilma si Vivian, na may asawa’t isang anak, sa Hong Kong mula sa Dubai, kung saan nagtrabaho ito ng dalawang taon.

Nakumbinsi naman si Vivian na lumipat dahil di hamak na mas malaki ang suweldo dito. Ngunit nabigla siya nang malaman na hindi kasing dali ng kanyang dating trabaho sa Dubai ang naghihintay sa kanya dito.

Dahil magkapatid ang kanilang mga amo, laging si Vilma ang napaghihingahan ni Vivian ng reklamo. Kesyo wala na daw siyang oras para kumain dahil tambak ang kanyang trabaho. Masyado daw kasing maselan ang kanyang amo, at lahat ng sulok ng bahay, kabilang ang mga cabinet, ay dapat linisin lagi. Mahilig pa raw mag “piano” ang amo – na ang ibig sabihin ay pinadadaan ang mga daliri sa mga gamit para masigurong wala ng alikabok ang mga ito.

Minsan ay nakausap ni Vilma ang isa nilang kamag-anak, at agad nitong ipinaabot na gusto na daw ni Vivian na magbitiw, at bumalik na lang sa Dubai. Sa inis ay sinabi ni Vilma na masyadong mareklamo ang kapatid dahil ang gusto lang nito ay ang mag dudotdot sa telepono.

Sa inis ni Vilma ay ilang araw niyang hindi kinausap ang kapatid, at nang hindi na talaga makapagpigil ay sinabihan nito na kung gusto niyang bumalik sa Dubai ay bayaran muna niya ang lahat na ginastos nito sa kanya at bahala na siya.

Sinabi din niya na hindi pare-pareho ang kapalaran ng lahat sa mga amo.

Ngayon ay magta-tatlong buwan na si Vivian sa kanyang mga amo na nakatira sa Shatin pero hindi pa rin siya nasasanay sa kanyang trabaho. – Merly T. Bunda

Takot ma-offload sa airport

Ang lalakas ng tawa ng tatlong magkakapatid na pawang nagtatrabaho sa Hong Kong nang makitang putlang putla ang nakababata nilang kapatid na si Junior nang salubungin nila sa  paliparan kamakailan. Ayon kay Junior, tatlong kainan na daw itong hindi nakakain sa kakaisip kung makakalusot siya sa airport sa Pilipinas.

Walong oras bago ang kanyang flight ay nagpunta na daw ito sa airport at hindi muli kumain. Kahit tubig daw ay hindi ito makainom sa takot at kaba. Dati nang nag OFW si Junior sa Middle East pero kinabahan pa rin dahil sa kuwento ng isa pa nilang kapatid na na-offload sa Pilipinas nang tangkain nitong pumunta sa Singapore.

Kampante naman ang tatlo niyang kapatid na makakalusot siya dahil kumpleto naman ang lahat ng kanyang papeles, kasama ang invitation letter at affidavit of support para sa pananatili niya sa Hong Kong.

Noong makalabas sila sa Chek Lap Kok ay saka lang nakahinga ng maluwag si Junior. Dinala agad siya ng mga kapatid sa isang restaurant para kumain at inuwi para makapagpahinga dahil ilang gabi na din daw itong hindi makatulog sa kakaisip.

Sinubukan ni Junior na maghanap ng trabaho sa Hong Kong pero hindi siya sinuwerte katulad ng isa sa mga kapatid na natanggap bilang hardinero dahil natuto itong magsalita ng Mandarin nang magtrabaho sa Taiwan ng 12 taon.

Bago matapos ang 14 araw na palugit sa kanyang visa ay nagbakasakali naman si Junior sa Macau. Namalagi siya doon ng halos dalawang buwan pero wala pa rin siyang nakuhang trabaho, bagkus ay nasaksihan niya ang pananalasa ng bagyong Hato na umabot sa signal 10 at kumitil ng walo katao.

Natakot siya ng husto sa nasaksihan ngunit naging bentahe niya at ang mga kasabayan niyang naghahanap din ng trabaho dahil nagkaroon sila ng ilang araw na parttime. Binayaran sila sa paglilinis ng ilang araw kaya nakaipon siya ng kaunti bago bumalik sa Hong Kong.

Masaya na rin daw siya dahil marami siyang natutunan habang nasa Macau, at maraming naging bagong kakilala at kaibigan. Napagtanto niya na mahirap na ring makakuha ng trabaho sa Macau sa dami ng mga  Pinoy na pumupunta doon para makipagsapalaran.

Minabuti na lamang niyang umuwi na sa Pilipinas bago natapos ang 14 araw na visa niya pagkagaling sa Macau. Balak niyang bumalik na lang sa Middle East dahil tinatawagan na rin naman siya ng agency na kanyang inaplayan noon bago siya umalis papuntang Hong Kong.

Laking pasasalamat ni Junior sa mga kapatid na todo ang suporta na ibinigay sa kanya noong siya ay nagbakasakali sa Hong Kong. Ang apat na magkakapatid ay mula sa Cagayan Valley. – Marites Palma

Bad trip si Lola

Banas na banas na si Greg, 38, Kapampangan, sa ingay na ginagawa ni Lola paggising nito ng madaling araw.

Nung minsan na mapuno siya, bandang alas singko ng umaga, ay itinodo nya ang volume ng kanyang mini hi-fi, na gumulantang sa buong flat. Napabalikwas ng gising ang babaeng kapatid ng kanyang boss, at pupunga-pungas na sinugod ang kuwarto ni Greg at nagtanong ng, ‘What happened, what is that noise?”.

Sumagot naman si Greg ng “sorry”, at ipinaliwanag kung bakit naisipan niyang mag-ingay. Ito kasing si lola na nasa edad 80 na ay madalas lumikha ng ingay sa kusina na katabi ng store room na ibinigay bilang tulugan kay Greg.

Nakagawian na nito ang hindi magsindi ng ilaw para mag-init ng tubig para sa kanyang tsaa kaya gumagawa ng maraming kaluskos sa kusina. Ang suot pa nitong jacket ay may maliit na bell na nag titiling-tililing habang paikot-ikot ito sa kusina. Ngunit ang talagang ikinainis ni Greg ay noong nabitawan nito ang takure at kumalampag ito nang husto.

"Grabeeeee!" kuwento ni Greg na inis na inis.

Nang malaman ng kanyang amo ang tungkol sa nangyari ay namagitan ito sa kanila ng matanda. Sinamantala naman ito ni Greg para isa-isahin ang epekto ng kulang sa tulog. “Sir”, sabi niya, “when I’m driving and I feel sleepy, it is very dangerous”. Tumango-tano naman si boss na nag-iisip.

Pagkatapos ng ilang minuto ay tinanong nito si Greg ng, “Kung ipapagawa kita ng kuwarto sa mismong bahay ko hindi mo kami iiwan?” Lihim na natuwa si Greg dahil wala naman sa isip niya na layasan sila. Pero sinagot pa rin niya ito ng, “No Sir, I will continue working with you.”

Nagpasalamatan silang mag-amo at nag-ngitian. Pakiwari ni Greg tumaas pa ang respeto sa kanya ng amo dahil sa kanyang pagiging tapat. – George Manalansan

Naudlot na termination

Isang taon at pitong buwan na si Fe sa paninilbihan nang hamunin siya ng kanyang amo ng termination dahil lang sa nakita nito ang Pilipina na pinulot ang noodles na nahulog sa sahig at hinugasan bago ibinalik sa kawali na ginagamit niyang panluto.

Kahit humingi na si Fe ng katakot-takot na paumanhin ay hindi tinanggap ng amo. Walang nagawa si Fe kundi tanggapin ang termination, bago nagpunta sa Philippine Overseas Labor Office para ipakuwenta ang mga dapat bayaran sa kanya.

Umabot sa $9,917.00 ang lahat ng makukuha ni Fe dahil sa kanyang hindi nabayarang sahod, isang buwang suweldo kapalit ng isang buwang pasahe, taunang bakasyon at allowance pabalik sa Pilipinas, bukod pa ang para sa plane ticket.

Nagulat ang kanyang among babae sa laki ng babayaran. Nang malaman ng kanyang among lalaki at alaga ang tungkol sa balak na pagpapaalis kay Fe ay tinutulan nila ito.

Natuwa naman si Fe na hindi natuloy ang kanyang pag-alis, dahil kahit paano ay hindi siya nahirapan sa biglang pag-aalsa balutan at paghahanap ng malilipatan. Pilit na lang niyang iniintindi ang masungit na among babae na nagpapirma pa sa kanya sa isang kasunduan na nagtatakda ng mga bagong pamamaraan sa loob ng bahay.

Ang payo ni Fe sa mga kapwa OFW, alamin nila ang kanilang mga karapatan at pumunta agad sa POLO at kung sakaling magka problema. Ngayong isang buwan na lang ang natitira sa kanyang kontrata ay nag-uumpisa nang maghanap ng lilipatan si Fe na nagtatrabaho sa Mongkok at tubong Ilocos Sur. Hangad niya ang makahanap siya ng mabait na amo. – Rodelia Villar

Ano daw ang Polo?

Hindi makapaniwala si Gina nang tanungin siya ng Pilipina na nakasabay niya sa lift kung ano ba daw ang Polo at kung saan ito matatagpuan. Tinanong kasi siya nung Pinay kung saan siya galing dahil Lunes iyon at bihis na bihis siya at naka lipstick pa. Nang sagutin niya na sa Polo dahil may inasikaso siya ay iyon agad ang tinanong sa kanya. 

Nais sana ni Gina na ipaliwanag sa kausap kung ano ang POLO ngunit bumukas na ang lift at nagmamadali itong lumayo. Nagtataka ngayon si Gina kung bakit hindi alam ni kabayan ang Polo gayong isa siyang OFW at sigurado namang dumaan sa PDOS o pre-departure orientation seminar sa Pilipinas, kung saan sinasabihan ang lahat ng mga paalis ng bansa na ang POLO o Philippine Overseas Labor Office ang una nilang lapitan kapag nagkaproblema sa trabaho.

Pagdating sa Hong Kong, dapat ay sumailalim din ito sa PAOS o post arrival orientation seminar para mas lalo nilang maintindihan ang pamamalakad sa lugar na kanilang titirhan.

Naisip tuloy ni Gina na kaya siguro maraming nasisisante sa mga bagong OFW dahil parang hindi nila isinasapuso ang mga tinuturo sa kanila sa training bago umalis ng bansa.

Umaasa siya ngayon na makita niyang muli ang kapwa OFW para maipaliwanag sa kanya ang kahalagahan ng POLO sa mga manggagawang Pilipino na nasa ibang bansa. Si Gina ay taga Cagayan Valley, 40 taong gulang, may pamilya at kasalukuyang naninilbihan sa mga among Briton sa New Territories.- Marites Palma

It’s final: POLO will move to Wanchai in December

Mass Mutual Tower on 38 Gloucester Road, Wanchai, will be the site of the new offices of the Philippine Overseas Labor Office when it moves out of Admiralty Centre Tower 1 in December, for which the monthly rental will be just over $500,000.

This was disclosed on Sept 21 by Labor Attaché Jalilo dela Torre, who told The SUN that POLO had already paid rental deposit for the property.

He said the move would take place in December as renovation work would take two months.  In the meantime, POLO will extend its lease on its offices at Admiralty Centre Tower 1.

Clinched at a monthly rent of $42 per square foot, or $504,000 for the 12,000 sq ft space, the Mass Mutual property unit will have more space for training programs and the long queues for the overseas employment certificate exemptions, Labatt Dela Torre said.

Mass Mutual Tower is about 8 minutes away by foot from Admiralty, where POLO and the Consulate are both located neighboring buildings.

People who need to go to the new POLO offices will have to walk from the Admiralty MTR station, or take the tram to the stop next to the Hong Kong Police headquarters on Arsenal St. then walk north to Gloucester Road.

For those going or coming from the Immigration Tower, the new POLO site will just be a few blocks away, as Mass Mutual stands midway between Admiralty and the Immigration.

Earlier, Labatt Dela Torre said the site selected was Sunlight Tower on Queen’s Road East, but the deal fell through because the property agent was asking for a bigger fee and management was not prepared to handle big crowds of people.

However, the rent Sunlight could have been cheaper than Mass Mutual, at $38 per sq. ft. or $440,800 a month.

POLO’s first choice was, however, the more upmarket Lippo Tower, also in Admiralty. But it was snapped up by another tenant after POLO failed to pay the required deposit on time.

Labatt dela Torre chose not to renew the lease on its 11th and 16th floor offices in Admiralty Centre because the current monthly rent of more than $500,000 is projected to rise considerably on renewal.

Many visitors to its present offices also complain about the rough treatment they get from security officers in the building, especially on Sundays. - VBL

Phl solons seek HK Pinoy’s inputs on divorce bill

By Daisy CL Mandap

A group of lawmakers from the Philippines is set to hold a landmark public consultation with Filipinos in Hong Kong on Oct. 1 on divorce bills currently pending before the House of Representatives.

Those who will lead the consultation set between 5 and 7pm at the Philippine Consulate’s public area are members of the House Committee on Population and Family Relations, led by Deputy House Speaker  Pia Cayetano (Taguig City, 2nd dist).

Also in the list are Reps. Gwen Garcia (Cebu, 3rd district); Sol Aragones (Laguna, 3rd dist); Geraldine Roman (Bataan, 1st dist); Teddy Baguilat (Ifugao, lone district); Ranie Abu (Batangas, 2nd dist); Lourdes Aggabao (Isabela, 4th dist); Aniceto Bertiz III (ACT-OFW party list) and Emmie de Jesus (Gabriela party list).

The bills that would be presented for discussion were authored by various House members, with the most comprehensive coming from Rep. Edcel Lagman (Albay, 1st dist). The bill brings out the surprising fact that divorce used to be allowed in the Philippines from as far back as the Spanish rule, and was outlawed only when the Civil Code was passed in 1950.

Lagman suggests carrying over all the grounds for obtaining legal separation and annulment under present legislation to the new law on divorce.

The most liberal is the draft bill submitted by Rep. de Jesus which allows divorce when the spouses have been physically separated for at least five years.

Filcom leaders largely welcomed the consultation, the second in as many months by a Congressional delegation, with many saying they are in favor of divorce being legalized in the Philippines.

Leo Selomenio, chair of Global Alliance said: “Coming from a predominantly Catholic country, I should probably oppose a divorce law. However, the reality in our country these days suggest we must have divorce to give justice and respect to battered wives and victims of infidelity by the other spouse. While marriage should remain sacred, reality dictates that there should be a way out for those in an abusive situation.

Marites Palma, adviser of the Roxas Group of Migrants and contributor of The SUN, agreed that the time is ripe for divorce to be allowed in the Philippines.

“In favor po ako sa divorce dahil naniniwala ako na kung wala ng pag-ibig sa puso mo para sa asawa mo ay wala ng dahilan para ituloy ang pagsasama,” she said.

This alienation, according to her, could be the result of the other spouse’s infidelity, irresponsibility, and substance abuse which puts the whole family’s security at risk.”

“Mas mainam na mawala ang bisa ng kasal para malagay na sa tahimik ang buhay ng bawa’t isa.”

A prominent Hong Kong resident and outspoken leader, Daphne Ceniza-Kuok, said she is also in favor of divorce, but a law allowing it should not be passed only because it favors high-ranking officials known for their philandering ways.

Last month, another congressional delegation led by Rep, Winston Castelo (Q.C., 1st dist) held a public consultation on issues confronting overseas Filipino workers.

DHs’ monthly pay raised by $100, food allowance by $16; workers call it insult

Migrant workers groups asked for a minimum monthly wage of $5,500

By The SUN Staff

Foreign domestic helpers in Hong Kong who sign new contracts from Sept 30 onward will see their monthly salary increased by $100 (2.3%) to $4,410 from the previous $4,310. Those who are given food allowance will get an increase of a mere $16 (1.5%) – from $1,037 to $1,053

The new rates were announced by the Hong Kong government earlier today, Sept. 29.

Villanueva

Militant migrant workers’ leader Eman Villanueva called the meager increase “an insult and a clear proof that the Hong Kong government is promoting slavery.”

“We laid down the basis of our demand for a $5,500 monthly minimum wage during the public consultations but the government simply ignored our demand. Obviously, it is clear that the government is not sincere about the public consultations,” Villanueva, chairman of Bayan Hong Kong & Macau said when asked for a comment. 

He said the levels of increases are not realistic and send a message that the government does not care about migrant workers.

“The $100 increase is only a token pay hike to appease the workers,” he said.

Militant workers’ groups are now reportedly consulting each other to set a date for any action they will take against the slight salary increase.

A government press release reiterated that several factors were taken into consideration in coming up with the MAW.      

“The government reviews the MAW for FDHs regularly. In accordance with the established practice, we have carefully considered Hong Kong's general economic and labour market conditions over the past year, as reflected through a basket of economic indicators, including the relevant income movement and price change in this year's review,” a government spokesman said.

“Moreover, the government has taken into account Hong Kong’s near-term economic outlook, as well as affordability for employers on the one hand and the livelihood of FDHs on the other, in reaching the decision on the above-mentioned adjustment.

“The government has also reviewed the food allowance in lieu of free food, and decided to increase the allowance level.”

Most FDWs are asking to get the allowance instead of being given free food by their employers, claiming that many are not given enough to eat each day, or get only leftovers.

The government announcement said contracts signed on Sept 29 or earlier at the existing salary of $4,310 a month and with food allowance of not less than $1,037 a month will still be processed by Immigration provided the applications reach the department by Oct 27.

This arrangement is meant to give employers enough time to send the signed contracts to Immigration to complete the application process.

POLO makes farm training quarterly event

By Vir B. Lumicao


Seminars on farming will become a regular part of the livelihood training program of the Philippine Overseas Labor Office in Hong Kong for overseas Filipino workers.

Labor Attaché Jalilo dela Torre told The SUN at the sidelines of last weekend’s two-day integrated mushroom-rice farming seminar at POLO that he would make the highly popular organic farming and livestock raising seminars a quarterly event.

Resource speaker  Jo Johnson Munoz.

“We will make this a continuing program for our workers. We’ll invite experts from the Department of Agriculture to conduct the training sessions to prepare our workers for reintegration into the economy when they return home,” Labatt Dela Torre said.

He said the regular seminars will be held at the new POLO offices on Queen’s Road East in Wanchai when they move there by December.

On Sept 9 and 10, a total of 532 OFWs attended the seminars conducted by farming experts Josephine Muñoz and Lowell Rebillaco of the DA Region 3 office in San Fernando City, Pampanga.

Resource speaker Lowell Rebillaco.

These were a follow-up of the successful mushroom-growing seminars on June 24-25 at POLO’s 16th floor office in Admiralty Centre and Boys and Girls Auditorium in Wanchai which had a total of 858 participants.

Labatt Dela Torre was pleased with the unexpected overwhelming interest from the Filcom in the agriculture training program.

In fact, the two-day seminars complement the already regular agri-livelihood training sessions being offered every Saturday and Sunday by POLO courtesy of the Overseas Workers Welfare Administration.

POLO’s rationale for the extra focus on farm production is that OFWs who return home for good might not be able to rejoin the labor force in the country, where the official unemployment as of April was at 5.1%. So, the training program will ensure that returning OFWs won’t starve when they go home.

“Food security is a paramount national concern. We’re glad to be able to contribute our 5-cents’ worth through this farming seminar series,” Labatt Dela Torre said separately in a post on his Facebook page after the latest seminars.

“The objective is to open the eyes of 1,427 potential and actual OFW farmers that agriculture through the farming technologies now available may be profitable, and may prod them to reunite with their families,” he said.

He said that the feedback gathered after the seminar indicated that many participants wanted to return home and farm again. Even while still in Hong Kong, some of them are already actively engaged in farming or slowly investing in their farms until their contracts run out.

The labor official said coming up next in the livelihood series are balut, salted egg and food processing seminars sometime in December, and livestock production early next year.

In the latest seminars, Rebillaco presented “Palayamanan”, his masteral thesis featuring the zero-tillage method of rice farming that aims to maximize resources, reduce farming risk, enhance sustainability, productivity and profitability, improve economic stability and build a better relationship among family members.

“Yung ating maliit na lupa sa Pilipinas, gawin nating pagkakakitaan sa pamamagitan ng konseptong ‘Palayamanan’,” Rebillaco said.

He said key to this is maximizing resources by integrating organic rice farming with vegetable, fruit, cash crop, livestock and fish production in which excess output can be sold in the market or exported to earn income for the farmer.

Muñoz gave a presentation on organic mushroom farming that OFWs can start on a low capitalization and can turn into an income and employment-generating community livelihood activity.

She said demand for mushroom in the Philippines is so big that current production fills just a small percentage of that output.

Nakababahala kapag umatras ang isang biktima

Ni Vir B. Lumicao

Sa limang pagkakataon sa nakaraang dalawang buwan ay may nagpatulong sa aming mga OFW dahil pinagmamalupitan sila ng kanilang mga amo o ng kapamilya ng mga ito.

Hangad naming mabigyan sila ng hustisya kaya inilapit namin sila sa mga kaukulang  opisyal ng Konsulado na makatutulong upang ilaban ang kanilang mga karapatan at makakuha ng karampatang kabayaran sa perhuwisyong ginawa sa kanila.

Ngunit sa huling sandali ay isa-isa silang sumuko dala marahil ng takot sa ganti ng amo, nainip sa mabagal na proseso ng hustisya, o nabalisa sa katotohanang di sila puwedeng magtrabaho o maghanap ng bagong amo habang nakabinbin ang mga kaso nila.

Ang pinamasaklap na maaaring nangyari ay ang nakipag-areglo sila sa kanilang mga amo para iurong ang mga isinampang reklamo, o ang mas masama, ay bumalik sila sa panunungkulan sa mga amo.

Ang ganitong desisyon ay mahirap intindihin. Nakapagtataka dahil may malakas silang ebidensiya laban sa pananakit ng kanilang mga amo nguni’t naisipan pa rin nilang bumaligtad.

Magkakaiba ang mga dinanas ng mga maid na itatago namin ang mga tunay na pangalan. Ang una, si Beatrice, ay inilapit sa amin ng isang kaibigan dahil sinasaktan siya ng maliit na anak ng kanyang “amo”. Ngunit inamin niya nang makausap namin na hindi pala niya tunay na amo ang ina ng batang nanakit sa kanya.

Ayon kay Beatrice, ang lolang nakatira sa ibang bahay na may kalayuan sa tirahan ng ina ng bata sa Yuen Long ang siyang dapat pinaglilingkuran niya. Ngunit nang dumating siya sa Hong Kong noong nakaraang taon ay ipinasa siya ng matanda sa anak at doon na rin tumira ang Pilipina. Araw-araw ay pinaglingkuran niya ang matanda at ang anak, na siyang nagtatakda ng mga gawain niya sa maghapon.

Napuno siya nang baliin ng alagang bata ang kanyang hinlalato dahil inawat niya ito sa pakikipag-away sa nakababatang kapatid. Napasigaw at naiyak sa sakit si Beatrice ngunit siya pa ang pinag-initan umano ng ina ng bata at binantaang sisisantihin.

May usapan kami ni Beatrice na sasamahan siya sa Konsulado upang ireklamo ang mga  amo ngunit nagbago ang isip nang takdang araw at hindi na raw magrireklamo dahil nagkaayos na sila ng ina ng bata. Di nagtagal ay nabalitaan naming na-terminate siya.

Iba naman ang kaso ni Josie, na halos araw-araw ay kinakagat ng asong alaga ng amo niya. Minsa’y ipinakita sa amin ang mga bagong kagat at mga pilat sa kanyang mga binti.

Nang sabihin niya na magpapatusok siya ng anti-rabies ay hindi siya pinayagan ng amo dahil may bakuna naman daw ang aso. Tinanggihan din siyang iniksiyunan ng  pinuntahang ospital dahil naitawag na raw ng amo na may bakuna ang asong nangagat.

Pinayuhan naming magtungo sa Konsulado at sa Immigration si Josie upang ireport ang nangyayari sa kanya para payagan siyang mag-constructive termination, o yung umalis sa amo ng walang pasabi dahil sa pagmamaltrato sa kanyan, pero hindi siya nakinig. Pagkaraan ng dalawang buwan ay nabalitaan naming sinisante siya at pinauwi kaagad ng amo.

Si Lindy naman ay matagal nang nagrireklamo sa pagmamaltrato ng kanyang mga amo, kabilang na ang pagpapagawa sa kanya sa bahay ng amo at sa matanda nang ina nito.

May kasulatan pang pinapirmahan sa kanya ng amo na hindi siya puwedeng umalis sa trabaho hangga’t di natatapos ang kontrata niya.

Nang hindi nakatiis, nagsumbong siya sa Labour Department. Ipinaalam din siya sa Immigration na aalis na siya dahil sa mga paglabag ng amo sa kanilang kontrata.

Nang ipatawag ng Labour ang amo, hindi ito humarap, kaya iniakyat sa Labour Tribunal ang kaso. Hindi naman ito sinipot ang Pilipina. Kinalaunan ay sinabi ni Lindy na iuurong na niya ang kaso dahil nag-usap na raw sila ng amo at bumuti na raw ang trato sa kanya. Iyon pala’y nilansi lang siya at tinanggal dahil padating na ang kapalit niya.

Ang pinakanakakabahala ay ang pang-apat na kaso. Isang Pinay na ilang buwan pa lang sa Hong Kong ang binugbog isang gabi kamakailan ng isang napakayamang among lalaki. Humingi siya ng tulong dahil gusto na siyang dalhin sa airport ng amo at pauwiin noon din.

Pinayuhan naming tumawag kaagad sa 999, kaya sinundo siya ng mga pulis at pina medical, at pagkatapos ay kinunan ng pahayag sa presinto. Itinawag namin sa Konsulado ang kanyang kaso upang dalhin siya sa shelter, ngunit hindi siya dumating sa POLO sa itinakdang meeting nila ni Labor Attaché Jalilo dela Torre.

Iyon pala’y iniurong na raw niya ang kasong pananakit laban sa amo at babalik na ito sa bahay ng bumugbog sa kanya.

Pananakit din ang inireklamo sa pulisya ni Dolly laban sa kanyang among babae at malakas ang kanyang kaso dahil mga pulis mismo ang nagligtas sa kanya. Ngunit nang umabot na sa husgado ang mga kasong isinampa niya ay saka siya nagkipag-areglo. Mabuti na lang at binayaran siya.

Nalungkot at nainis kami sa pangyayaring ito. Pilit naming inuunawa ang dahilan nila sa pag-atras. Sa kabila nito, alam namin na ang ibubunga ng mga ganitong pagtalikod sa karapatan ay ang palakasin ang loob ng mga amo na saktan at pahirapan lalo ang kanilang mga katulong.

Beware. Be Aware.

By Cynthia Tellez

The Mission is currently assisting victims in filing cases against the owner of an agency who promised them jobs in another country that turned out to be inexistent. Sadly, many of our fellow migrants are lured by catch phrases such as “permanent residency” and “you can petition your family”.

Swindlers prey on such simple dreams of migrant workers. Of course, if there is just the slightest chance to bring their family with them abroad, most would grab at such a “golden opportunity”. Unfortunately, this often leads to misery because all that the worker gets is an empty promise from a recruiter who knew how to target their most vulnerable spot.

The usual scheme is to place advertisements or distribute promotional materials convincing potential applicants to apply for placement in other countries. Other agencies or recruiters offer another route: via student visa application. However it is done, the best rule of thumb to protect oneself is to always determine the authenticity of the job offer.

This article aims to provide some pointers for migrants to avoid being victimized. Here are some steps they can take:

1) As the usual warning goes, always verify if the recruitment agency has a valid license to conduct business, particularly for job placements to the countries they cite. The license issued to any business is usually very specific and shows the kind and scope of business and operations it is allowed to do. For example, their license may not allow them to recruit for overseas work, but is only limited to domestic (or local) placement.

2) Verify the authenticity of the job orders (if any). If no job order is shown, beware! It might be just a scheme to swindle money from applicants. Usually, job orders are authenticated by receiving governments. This is an added information that applicants need to know aside from the business permits issued by the local government where the agency is principally based. In sum, applicants should know the authenticity of both the business permit and the job order issued by the country destination.

3) There are times when the arrangement is with a school or a registered institution in the country destination. For example, it can be a school or a college that can issue a student visa but with an additional incentive like giving permission to work at certain number of hours while studying. Again, it has to be verified whether such a policy exists because in some destination countries a foreign student’s right to work has already been revoked or substantially curbed, yet unscrupulous agencies still actively promote the revoked policy.

4) It would be an additional assurance for a job applicant to get a relative, friend or trusted person to verify the job order in the destination country. This way, the applicant will know right away if the job offer should be pursued.

5) In the absence of friends and relatives, applicants may approach church-based or non-church based service providers or NGOs who may have counterpart service providers in the country destination. Or these groups might have individual contacts in the target countries who can be mobilized to help secure the needed information.

6) Do not be enticed by sweet talk. No matter how nice the job prospect being peddled to you, the final decision is still yours. Before making a decision, be sure that you have considered and studied, as much as possible, all angles before accepting the offer.  Remember that your decision will have a lasting effect on your future as well as with your family and loved ones.

7) In case you were already recruited but are still in doubt, be sure to gather enough evidence or proof before making the final plunge. This way, you will not jeopardize your chances of filing a case should it become necessary, and the dubious recruiter will not have a chance to cover up his or her misdeed.  Do not be selective when gathering evidence. It might even be just a piece of paper with hand written instructions by a staff or employee of the agency, a phone number of contact person, or an address in the country destination as their contact. Text messages from the recruiter or agency staff about arrangement, especially pertaining to mode of payment, are also very telling. Gather the contact numbers of fellow applicants as potential witnesses or co-complainants if ever.

It would be good to ask a friend or a willing witness to go with you in the succeeding visits to the agency or appointment with the recruiter. The witness will play a very important role in case the transaction is determined to be fraudulent and you need to file a claim or case against the recruiter.

Before taking any legal action, it would be good to ask for assistance from service providers you know. They will help you seek legal or professional advice, or advise you where to file your case, or what steps you could take to speed up the proceedings. Remember that if you took the wrong steps or procedure in acting on your complaints, you may not be able to take them back anymore. It’s good if corrective measures are still possible; if not, you might have already lost your case before it could begin.

If you decide to seek assistance from a service provider, be sure to bring along all the evidence you gathered as well as your witnesses (if more than one) for proper assistance in making a statement. All these pieces of evidence and witnesses’ statement(s) will be evaluated by lawyers in determining the proper steps to take.

Fraud or scheme to deceive people for monetary gain is a serious matter and should not be taken lightly. Service providers like the Mission are prepared to provide assistance. Lawyers must be consulted every step of the way in filing civil claims or criminal cases. But the success of the  victim’s case lies in the preparation, from collecting all possible documentary evidence to preparing witnesses, even before deciding on what cases should be filed against the erring recruiter or agency. Bear in mind that recruiters know what they are doing and are usually prepared for any eventuality.

Prevention is always better than cure. So beware of fraud. Be aware of the techniques of swindlers and illegal recruiters. Be aware also of ways to protect yourself.

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.

Filipina in viral window-cleaning photos files landmark case vs employer

By Daisy CL Mandap 

The Filipina domestic worker pictured cleaning windows from outside a high-rise in Repulse Bay at the height of a typhoon is seeking 13 months’ pay for her alleged illegal sacking.

M.R. Sta. Cruz, 37, filed the landmark claim for the remaining portion of her contract on Aug. 31, citing her employer’s alleged violation of the Hong Kong government’s policy against unsafe window cleaning by foreign domestic workers.

She was terminated on Apr. 29, a few days after a concerned neighbor took pictures of her cleaning the taped-up windows of her employer’s first-floor flat in Grand Garden.

The pictures that were uploaded on Facebook by Elpie Elba, were allegedly taken on Aug. 23, shortly after typhoon signals were lowered from 8 to 3, as Hato, one of the strongest storms to hit Hong Kong in years, was still making its presence felt in the city.

According to the Mission for Migrant Workers’ Edwina Antonio, the Labour Department accepted the claim after being furnished copies of the pictures that garnered more than a thousand likes on Facebook and were shared by dozens of people.

“The officer who took the complaint did not say anything when we said the claim was for M’s salary for the remaining period in her contract,” Antonio said.

On top of the 13 months’ wage claim, Sta. Cruz is also seeking reimbursement for the plane ticket she bought in July this year, after her employers allegedly forced her to take her annual leave while they went on a vacation in the United States.

She is also hoping that the Immigration Department would allow her to process a new work contract after her claims against her employer had been resolved.

Sta. Cruz told The SUN in an earlier interview that her employers told her to clean their windows daily. When she asked if that was allowed, her employers reportedly said that the window-cleaning prohibition did not apply to them as they were still bound by the old contract that did not have this provision.

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

The new blue contracts that were issued starting Jan. 1 this year contain a provision that stipulates that, “when an employer requires 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, this 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 from being opened; and

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

The prohibition was imposed in the wake of debates sparked by Labor Attache Jalilo dela Torre’s unilateral decision to require employers of Filipino domestic workers to sign an undertaking not to order their helpers to clean windows from the outside.

He took the move shortly after Filipina helper Rinalyn Dulluog fell while cleaning the windows of her employer’s flat in a high-rise on Lohas Park on Aug. 9 last year

Earlier, Sta. Cruz also got the Philippine Overseas Labor Office to put her employer on its blacklist for willfully violating their employment contract.

With help from the Mission and POLO, she also filed a claim for subsistence allowance from her insurers in the Philippines while she pursues her case in Hong Kong. Under the terms of the insurance, she could claim US$100 for every month that she is involved in litigation, for a maximum period of six months.

According to Sta. Cruz, her employers kept prodding her to write a termination letter after she questioned them about her window cleaning. She was reportedly told that if she was unhappy working for them she could leave, but she did not budge.

In retaliation, she was given a termination letter and told to leave the house shortly after midnight on Aug. 29. She was given her unpaid salary, a month’s pay in lieu of notice, and air ticket.

Kahalagahan ng pagpaplano, tinalakay

Ni George Manalansan 

The CARD HK team.

Ang kahalagahan ng isang epektibong “business plan” ang naging sentro ng talakayan sa  pinakahuling entrepreneurship seminar na isinagawa ng CARD HK Foundation noong ika-23 ng Setyembre sa Bayanihan Centre sa Kennedy Town.

Naging espesyal na panauhin si Jackie Lou Tayaban, na pinadala pa ng CARD MRI sa Pilipinas para gabayan ang mga sumali sa seminar.

Ayon kay Tayaban, ang pangunahing hakbang para sa tiyak na paglago ng isang negosyo ang pagkakaroon ng isang epektibong business plan, o ang pagbalangkas ng mga gustong maisakatuparan sa negosyo sa loob ng itinakdang panahon.

Idiniin din niya na hindi lang pangsarili ang pagtatayo ng negosyo kundi  pampamilya din at panlipunan dahil malaki ang maitutulong nito para mabawasan ang bilang ng mga walang trabaho sa Pilipinas. Malaking kasangkapan din ito para magpatuloy ang daloy ng serbisyo at produkto sa merkado.

Naging katuwang ni Tayaban sa pagpapaliwanag si Vicky Munar na lead trainor ng CARD HK. Itinuro ni Munar kung paano gumawa ng business plan, bago nagbigay ng aktuwal na pagsasanay para dito.

Ang mga kalahok naman ay halatang pursigido na matuto kung paano makapag-uumpisa ng negosyo, at ano ang gagawin para lumaki ang tsansa na umangat ito at lumago. Para sa kanila, ang pagnenegosyo ay isang paraan para makauwi na sila sa kani-kanilang mga pamilya, at nang hindi na maging kasambahay pang muli.

Ang seminar ay kabilang sa mga libreng pagsasanay na ibinabahagi ng CARD HK para matulungan ang mga Pilipinong migrante na mapangalagaan ang kanilang kinikita, at maplano nang maigi ang kanilang pagbabalik sa bansa.