‘Disappearing’ Pinay claimant chided by Tribunal judge

The Labour Tribunal in Jordan

By Vir B. Lumicao

A Filipina helper who had launched a labor case against her former employer but could not be contacted for more than nine months, received a mouthful from a Labour Tribunal presiding officer when she finally showed up on Dec 5.

Presiding Officer Isabella Chu also warned claimant Phebe Hibulan that Immigration might look into her case since the Filipina kept applying for a visa extension using her case as an excuse when she never attended any of the earlier hearings.

Hibulan could not explain to Chu why she only sent a representative to scheduled meetings at the Labour Department with her employer, Daisy Suen in March and April, for partial settlement of her claims.

At the time, Chu said Suen had issued a check to Hipulan, but it was returned to the Labour Department as the helper could not be contacted and had no bank account.

Then Hipulan filed a case at the Labour Tribunal against Suen. But after interviews by the tribunal officer, she did not appear at hearings on May 8, June 14 and Aug 29.

The helper revived her case on Nov 12, and when she finally appeared in the tribunal, was peppered with questions by Chu.

“What have you been doing the whole year? Why were you absent from the hearings?” asked Chu, visibly irritated as the claimant only stared at her. “Why?”

“I kept going back to the Labour Department for my plane ticket,” Hipulan replied through a Cebuano interpreter.

The presiding officer said she checked records at the Labour Department but the Filipina did not go there. And yet, she kept extending her visa with Immigration, citing her pending claim as an excuse.

Chu chided Hipulan for her absences and said the tribunal officer had given up on calling her because he could not contact her on the phone.

The presiding officer said the claimant had wasted everyone’s time and the resources of the court, and set back the appointments of three claimants who were next in line.

Chu said she would also report the matter to Immigration so they would investigate what she had been doing in Hong Kong for the past nine and a half months.

Hipulan had filed a claim against Suen for $2,745.85 in unpaid wages, return air ticket, and $1,360 in damages, but Chu accepted only the claim for air ticket. She said Suen had already settled the rest by check which could not be delivered to Hipula and was kept by the Labour Department.

Chu computed the ticket cost at $1,350 and Hipulan readily accepted the amount.

Maid who sold cooked food for employer settles for $10k

By Vir B. Lumicao

 

Worker and employer settled their case at Labour Tribunal

All’s well that ends well for a Filipina domestic worker and her former employer, a local man, after settling their dispute at the Labour Tribunal on Dec 5.

A tearful Maribel Garcia embraced Hui Yiu-tak and his Filipina ex-wife in the lift on their way out of the Labour Tribunal building in Yaumatei after reaching a $10,000 settlement before Presiding Officer Isabella Chu.

But the settlement did not come easy.

About half an hour before they settled, Garcia faced Chu with a claim of $20,000 for unpaid rest days and statutory holidays. She was also claiming $10,910.79 in severance pay and the same amount as terminal pay.

Chu said both items were not valid because Garcia had resigned and Hui confirmed he had already hired a replacement. Hui was willing to settle for only $5,000.

Chu said Garcia’s only valid claim was for items A and B, or pay for unused rest days and statutory holidays, which the presiding officer had lumped together.

Garcia claimed she was not allowed by Hui to take a day off for the more than three years that she was in his employ because she had to sell cooked food that she and the employer had prepared to Filipinas who frequented a shopping center in Hung Hom.

In return, Hui paid Garcia 3% of their income from the sales. This went on until their relationship soured, and the helper resigned and left Hui’s home on Oct 11.

Chu warned Garcia and Hui they were both in breach of the condition of stay imposed by the Immigration on foreign domestic helpers.

“As a domestic helper, you can’t perform other jobs than stated in your contract. Because you consented to sell cooked food for your employer on your rest day, both of you were in breach of the Immigration conditions,” Chu said.

Chu told both parties that if they did not settle, she would send the case to trial and Immigration would be asked to investigate.

The presiding officer said their only option was to reach a settlement. She ordered a break so the parties could settle the issue by themselves.

In a short while, Garcia agreed to cut her claim to $10,000. Hui initially wavered, then agreed to pay the claim to settle the dispute once and for all. They then returned to court to inform Chu about their settlement.

Hong Kong’s Tiamson, Wimler receive Presidential Awards

This year's Presidential Awardees include Tiamson (6th from left in the last row)
and Wimler's Leila Rispens-Noel (in front row, 6th from left)

By The SUN

Two Hong Kong nominees – a musician and a foundation – were among those conferred the Presidential Awards for Filipino Individuals and Organizations Overseas (PAFIOO) at ceremonies held in Malacanang on Wednesday, Dec. 5.

Drummer and Filipino community leader Saturnino H. Tiamson, Jr was awarded the Pamana ng Pilipino award while Wimler Foundation Hong Kong Limited received the Banaag Award. Previously, Tiamson was also conferred the Bagong Bayani award by the Department of Labor and Employment.

President Rodrigo R. Duterte handed out the awards, assisted by Labor Secretary Silvestre Bello III, Social Welfare Secretary Rolando Bautista, CFO Secretary and Chairperson Justice Francisco “Nick” Acosta, and OWWA Administrator Hans Leo Cacdac.

Tiamson and Wimler were among 25 outstanding overseas Filipinos and organizations who received awards, along with six families who were honored with the Model OFW Family of the Year Award (MOFYA) award.

“OFWs are the lifeblood of the nation. As appreciation for all your hardships, you have my assurance that the protection and promotion of your welfare and well-being will remain as one this administration’s top priorities,” President Duterte said in his speech during the awarding ceremony.

“This nation will always recognize your invaluable contribution to nation-building, and this administration will continue to craft policies and implement programs that will respond to your needs and protect your rights,” he added. He also urged the OFWs to remain committed to their families “as we work towards a more equitable progressive future for our country.”

A total of 96 nominations were received this year by the Commission on Filipinos Overseas from 28 countries through 37 Philippine embassies and consulates.

The Presidential Awards is a biennial search for individuals and organizations based abroad who have dedicated their work in the service of Filipinos. 

This year’s Presidential awardees come from 12 countries and territories and had gone through a 4-stage selection process involving multi-sectoral representation. The Awards have four categories – Banaag, Pamana ng Pilipino, Lingkod sa Kapwa Pilipino (LINKAPIL), and Kaanib ng Bayan.

The Banaag Award is conferred on Filipino individuals or organizations for their contributions that have significantly benefited or advanced the cause of overseas Filipino communities. Aside from Wimler Foundation, the other Banaag awardees are Corazon A. Francisco (Australia), Agnes Katbeth O. Kreimer (Peru), Dindo B. Malanyaon (Italy), Juliet Montano (Taiwan), Pilipino Workers Center of Southern California (United States), and Maria Cristina F. Sulaik (Sudan).

The Pamana ng Pilipino Award is conferred on Filipino overseas, who, in exemplifying the talent and industry of the Filipino, have brought the country honor and recognition through excellence and distinction in the pursuit of their work or profession. Tiamson received the Pamana ng Pilipino award along with Paul C. Balan (United States), Edward M. Brotonel (United States), Nicolas M. Caraquel (United States), Elizabeth L. Engle (United States), Maria Theresa A. Eviota (Switzerland), Pedro A. Jose (United States), Teresita A. Marques (Portugal), C. Joe Sayas, Jr. (United States), Jose Dennis C. Teodosio (Myanmar), and Jhett D. Tolentino (United States).

The LINKAPIL Award is conferred on Filipino individuals or organizations for exceptional or significant contributions to the reconstruction, progress and development of the Philippines. The LINKAPIL awardees are Association of Fil-Am Teachers of America, Inc. (United States), Salvacion G. Cimanez (Netherlands), Filipino-American Law Enforcement Officers Association (United States), Friends Indeed U.S.A., Inc. (United States), and Hilda L. Gigioli (United States).

The MOFYA 2018 awarding, also at Malacanang

The Kaanib ng Bayan Award is conferred to foreign individuals or organizations for their exceptional or significant contribution to Philippine reconstruction, progress and development, or have significantly benefited a sector or community in the Philippines, or advanced the cause of overseas Filipino communities. The Kaanib ng Bayan awardees are Foreign Domestic Worker Association for Social Support and Training (Singapore), and Stichting LOOP (Netherlands).

After the conferment of the Presidential Awards, President Duterte also awarded this year’s MOFYA, which is given to OFW families that have successfully hurdled the challenges of overseas employment. It also aims to highlight the role of OFW families in achieving socio-civic, education and professional success.

The 2018 MOFYA awardees are engineer Mohammad Ali Sulay Urao and family (outstanding achievement in community projects); engineer Arnulfo Navarro Geganto and family (in entrepreneurship); Josefina dela Chica Villamor and family (Model OFW Family of the Year: land-based); and Domingo Cuanang Jr. and family, Reynaldo Granada Gaitan and family, and Gemelito Geloca and family (sea-based OFW family). 

The event was hosted by CFO Usec. Astravel Pimentel-Naik and OWWA Deputy Administrator Arnell Ignacio.

'
'''

OWWA offers Php20k livelihood aid for terminated OFWs

By Vir B. Lumicao

Filipino migrant workers who have lost their jobs prematurely due to termination, maltreatment and other employer violations of their contracts can apply for a Php20,000 livelihood aid from the Overseas Workers Welfare Administration on their return home.

This little-known benefit was disclosed recently at Filipino community gatherings by new welfare attaché Marivic Clarin, and confirmed in an interview on Nov 22 by Labor Attache Jalilo dela Torre.

Welfare Attaché Marivic Clarin

According to Labatt dela Torre, terminated workers who go home for good are endorsed to OWWA offices in the workers’ regions.

“Lahat ng terminated na umuuwi, binibigyan namin ng endorsement sa regional offices ng OWWA” so they can receive the livelihood aid, Labatt Dela Torre said.

But it appears there has not been a lot of takers in the eight years that the “Balik-Pinas, Balik-Hanapbuhay” program has been in existence.

Statistics from the Department of Labor and Employment show that only 260 OFWs have received the benefit as of the end of the third quarter this year.

This may be because OWWA is said to be meticulous in evaluating the returning worker’s proposed project so that the financial aid does not go to waste.

“Kasi, yung iba, ipinambabayad lang sa utang,” Clarin said.

She said the intent of the program is to help distressed OFWs, primarily wards of government shelters who have cases against their employers, those who are terminated for medical reasons, or are laid off due to their employers’ financial difficulties.

Clarin said the cash assistance comes with a development training to provide the recipients basic skills in doing the livelihood project of their choice.



The training is said to be provided by OWWA, other government agencies, as well as non-government organizations and OFW cooperatives or groups in the regions.

Evaluation and supervision of the project is conducted to ensure its success, especially now that the aid amount is bigger than before, Clarin said.



The livelihood assistance was put in place during the tenure of Former President Benigno Aquino III, but the aid given at the time was in the form of starter kits worth Php10,000.

Clarin said that since 2016, the livelihood grant had been doubled to PhP20,000.



But she admitted that the success rate among aid recipients has been low “because not everyone is cut out for business”.

One recipient, an illegally terminated worker from Naga City, told The SUN she applied for the assistance in January 2016 and got a check for PhP10,000. She said the check was not issued to her but to a local merchant who provided her a starter kit for her project.



Another former Hong Kong-based OFW who went to Russia only to discover it was a job scam, said she tried applying for the livelihood assistance but balked when she was told she would have to stay in the Philippines for good.

In Nueva Vizcaya province, where former OFWs have formed a cooperative and undertaken livelihood projects, there were 85 recipients of the OWWA assistance as of the end of the third quarter this year, said its president Cristina Gauuan Reyes.




She said in her barangay, there are 20 recipients whose projects, namely piggery, sari-sari store and fish vending, are being coordinated by the cooperative.

She said the “Balik-Pinas, Balik-Hanapbuhay” beneficiaries in the 15 municipalities of Nueva Vizcaya received PhP20,000 each, which they put into their chosen businesses. They received help from the provincial government in the form training.

The reintegration program was introduced to help former OFWs rejoin Philippine society by offering them livelihood opportunities if they decide to stay home for good.