Polo HK to start conciliation of training fee claims this Sunday

By Daisy CL Mandap 

Palma (left), and Pelaez brave the cold to meet up with claimants in an Admiralty park

The first group of Filipino domestic workers seeking reimbursement of the training fee collected by their recruitment agencies in the Philippines has been summoned to a conciliation meeting with their respective Hong Kong agencies this Sunday, Jan 10.

Most of those who received the text message from the Philippine Overseas Labor Office were among about 30 FDWs who filed a refund claim on Nov 22, the first group to do so.

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They took action after Labor Attache Melchor Dizon told a group of Filipino community leaders during a meeting that recruitment agencies could not compel the overseas Filipino workers they deploy to undergo training.

That statement entitled practically all OFWs leaving the Philippines to claim back money they paid their agencies, which did not just require their recruits to undergo training, but also chose where they should go for it.

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The notification to the claimants mostly said they should go to Polo at 11:30am for the conciliation before either of the two assistant labor attaches, Angelica Sunga or Antonio Villafuerte.

Marites Palma, head of Social Justice for Migrant Workers and co-convenor of the Rise Against Government Exactions (Rage), says a total of 286 FDWs have filed refund claims against their agencies in the past seven Sundays.

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She says the claims filed so far are for agency charges that range between Php30,000 to Php45,000.

Many more have expressed an intention to ask for a refund of the fees they paid their agencies, not just for training, but for other unauthorized fees, such as for video recording, and a second or third medical examination.

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However, some are disheartened because they do no have receipts to back up their claim. Palma and her fellow leaders who make up Rage have told them not to worry about this because it’s understandable that the agencies would not want to issue a receipt, knowing the charge is illegal.

If the workers have other proof of their payment, such as a text message from the agency, or photos, or corroborating statement by a fellow applicant, all these could be used to show how much money was collected from them.

A volunteer helps a fellow OFW fill out the claim form

But the claim has a time bar. According to Labatt Dizon, citing POEA Rules, only fees paid no later than three years ago can be claimed back through conciliation. He also said Polo needs at least a month to process the application, meaning that as of now, only those paid from February 2018 onwards could be claimed.

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During the meeting with Filcom leaders in November, Dizon said the POEA Guidelines merely require OFWs to secure the NCII (national certificate of competency) from the Technical Education and Skills Development Authority (Tesda).

They may opt to go for training if they want to have a better chance of passing the skills assessment, but they should decide on this on their own.

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An employer who requires the worker to undergo training before coming to Hong Kong should pay for it, said Dizon.

He also said that in line with the POEA Guidelines, everyone who has a valid NCII should not be required to undergo training and assessment all over again.

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Among those who were charged this illicit fee are two claimants who both worked in the Middle East previously. Jean Enceso who was charged Php35,000, worked in Saudi Arabia before coming to Hong Kong. Cherry Anne Zerrudo worked in Qatar for three years, but was still made to pay Php37,000 for training.

Palma and fellow Rage leader Dolores Balladares-Pelaez have been meeting claimants in a park near United Centre building where Polo is located, to brief them claimants on the filing process, and why they should assert their right to claim back the illegal fee that was charged them.

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Another such meet-up is scheduled this coming Sunday at Harcourt Garden. Those who wish to get more information should check out the FB page, "Training Fee Refund - Hong Kong."

This is not the first time that OFWs in Hong Kong have filed agency fee refund claims, and not a few said they managed to get back at least part of the illicit fee collected from them.

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The latest rash of claims happened in November 2016, after former POEA Administrator Hans Cacdac said during a visit to Hong Kong that the training fee collected from each OFW should be no more than Php20,000.

But in this case, the statements of claim submitted by about 20 workers were all sent to POEA for action, as they were supposedly all directed against agencies based in the Philippines.

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This time around, Dizon said the claims would be forwarded to POEA only if the worker and the counterpart agency in Hong Kong fail to reach agreement.

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FDW job losses spiked in Dec, govt figures show

By Vir B. Lumicao

Bangcawayan says many workers have asked the Mission's help in computing claims

The two-month rebound in the number of foreign domestic workers finding jobs in Hong Kong ended last month, figures from the Immigration Department show.

By end of December, a total of 1,275 Filipino domestic workers became jobless, reversing an upward trend that started in the August to September period, when a record 2,372 new jobs were created.

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Esther Bangcawayan, a case officer at Mission for Migrant Workers, said that the increase in job losses has been evident in the number of workers seeking their help in calculating claims from their employers.

Many cases involved job terminations by either side, often due to concerns related to the coronavirus pandemic.

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Fear of acquiring Covid-19 while in Hong Kong was reportedly cited by most workers as the reason why they decided to terminate their contracts. The workers were driven by concern over their health, and for those aged 50 and above, by the decision to return home for good.

Employers, on the other hand, often cut short their contracts with their helpers due to job loss, work relocation or, for expatriates, the desire to return to their home countries.

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Bangcawayan said the Mission noted the trend starting towards the last quarter of 2020. Those who sought help in computing their entitlements were a mix of terminated, separated or finished-contract workers.

Some of them were returning home, others were preparing to exit, while there were also those who switched employers two or three times during the usual contract period of two years.

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On the part of the employers, some dismissed their workers because of financial constraints, often without a warning. She cited the case of a helper who was abruptly told on Jan.5 by her employer of three years and 11 months that she needed to find a new job.

“Look for a new employer if you want to continue working in Hong Kong because my husband and I will be going back to China and he will be working there,” the helper was reportedly told.

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Bangcawayan said the employer lost his job and his wife, a teacher, had been doing work from home since June due to the pandemic, but appeared to have become jobless as well.

Michel's last termination came without warning after just 2 weeks

Among those who were terminated was Michel T. Agustin, 40, a mother of four from Solana, Cagayan. In one year and five months she had had three employers, the latest one for just two weeks, before she got fired in November.

She said her first employer was a sickly 75-year-old bachelor in Wanchai who fell ill and became bedridden. The children took him to a hospital and after that, they decided to put him up in a nursing home. Her contract was terminated after five months.

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Agustin found a new employer in Kowloon, a local family with three teenage children. She had worked there for just 7 months when the female employer told her one day that she was being terminated without any reason.

“The employer told me she just wanted to let me go and gave me one month to find a new employer,” she said.

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She found a third employer, a Mandarin-speaking woman who fired her after just two weeks due to supposedly unsatisfactory performance. She did not give her a release letter but paid a month’s salary in lieu of notice.

On the flipside is Arlyn E. Macadenden, 45, a mother of two from San Fernando, La Union, who decided to serve a notice of termination on Nov 4 after working for her employer for 11 months.

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She cited as reasons her employers being heavy smokers, her lady boss constantly shouting at her, and her being made to serve four persons instead of the three stated in the contract. But the clincher was her being made to carry heavy stuff up the employers’ third-floor walk-up flat on Hei Wo St in North Point.

Arlyn quit after being made to carry furniture up a third-floor walkup flat

Macadenden said her worst experience was having to carry up the narrow, spiral stairway a cabinet the employer had ordered and was delivered only on the sidewalk.

“She told me to dismantle the cabinet and carry the parts piece by piece. They were so heavy that my wrists ached,” she said, showing her slightly swollen wrists.

She said she lost much of her hands’ strength that while carrying her employer’s year-old baby once, she nearly dropped him. That terrified her. 

She told the employer she was quitting because could no longer carry heavy loads up the stairs. The employer bought her a plane ticket and told her before she left the flat on Dec 4 that if she wanted to return, she would be welcome.

Agustin and Macadenden have both found new employers for whom, they hoped, they would get better treatment and a more secure job.

Both were lucky. If their contracts were terminated after Dec 30, they would not have been allowed to remain in Hong Kong and move to a new job.  As of that date, Immigration has resumed its hardline policy of allowing terminated FDWs to stay for only 14 days before returning to their home country.

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Police and other law enforcers to help with contact tracing

 By The SUN 

Police will now help track down close contacts of infected patients

Health officials have announced that about 100 officers from the disciplinary forces, meaning the police, immigration and customs, will help track down close contacts of confirmed Covid-19 patients starting on Monday.

Dr Chuang Shuk-kwan, communicable disease head at the Centre for Health Protection said the law enforcers will start working with medical staff at a new command centre in Kai Tak.

Chuang said the officers will be given a briefing and an on-the-job training. They will be tasked with looking for close contacts at their homes if they can’t be reached by phone.

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She made the announcement as she reported 33 new coronavirus infections today, Jan 7, which brought the total number of cases in Hong Kong to 9,108. About 30 preliminary positive cases were also reported.

Four of the new cases were imported, and the 29 others, locally acquired, including 5 with unknown sources.

The 24 linked cases included 11 linked to the construction site at the Tseung Kwan O – Lam Tin tunnel. There are now 27 cases in this cluster, made up of 15 workers and 12 of their close contacts, many of whom were confirmed to have the virus while in quarantine.

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The imported cases were all returnees – one from Nepal, and three from Pakistan.

Chui says it's not yet time to relax as there are still many silent carriers around

Undersecretary for Food and Health Dr Chui Tak-yi said at the daily press briefing that between Dec 24 and 30 last year, a total of 425 Covid-19 cases were recorded, more than a third (35%) of whom were from unknown sources.

Between Dec 31 last year and Jan 6 this year, there were 296 cases, mostly locally acquired. Of these, 27% had untraceable sources.

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In this two-week period, 26% of the patients had no symptoms, underlining the need to remain vigilant as the silent transmission in the community continues to claim more victims.

Chui said that even though the total number of cases has gone down in the last few days, people should still avoid gathering as the epidemic may rebound sharply if precautions are not taken.

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Dr Linda Yu, chief manager of the Hospital Authority, said that as of 9am today, 633 confirmed patients are in 22 public hospitals and the treatment facility at AsiaWorld-Expo. Forty-one of them are in critical condition, 47 are seriously ill, and 542 are stable.

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OFW with coronavirus variant is from Cagayan Valley, says DOH

By Daisy CL Mandap

The Filipina tested negative in Manila and on arrival in HK, but positive while in quarantine (File) 

The Department of Health in the Philippines has confirmed the personal details of the Filipina domestic worker who was found with the highly infectious variant of the coronavirus 12 days after arriving in Hong Kong.

Citing a report from the HK International Health Regulations National Focal Point and the Philippines’ Centers for Health Development, DOH said the 30-year-old OFW from Cagayan Valley tested negative for Covid-19 before leaving Manila, and again on arrival in Hong Kong.

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But she developed symptoms on Dec 28 while in quarantine at Ramada Grand View Hotel in Sai Ying Pun, and was found infected after her second test in Hong Kong on Jan. 2.

She was added in the list of infected patients on Jan. 4, and was tagged as case no 9003 when reported the next day.

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The DOH report says the Filipina left her hometown in Cagayan Valley for Manila on Dec 17, then got tested for Covid-19 two days later as part of the pre-flight requirements for passengers bound for Hong Kong. She tested negative.

She left for Hong Kong aboard Philippine Airlines flight 300 on Dec 22, and in line with the city’s health protocols, got tested for Covid-19, which again yielded a negative result.

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"On January 2, 2021, she underwent RT-PCR testing again where the swabs tested positive and detected to also be positive for the UK variant," the DOH said.

The department said the patient “remains in isolation and in stable condition.”

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It did not mention the visa status of the patient, but staff at Hong Kong's Centre for Health Protection staff told The SUN on Jan 5 that she is a domestic helper.

Contact tracing of all the 39 other passengers who flew with her to Hong Kong has begun. Her close contacts in Cagayan Valley and Metro Manila are also being identified by DOH surveillance units.

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"They have been instructed to ensure strict quarantine of identified close contacts and for samples collected from said contacts to be sent for confirmatory testing and, if samples test positive, subsequent whole genome sequencing," the department said.

Earlier, the DOH said there was another 30-year-old female passenger on the flight, which made it difficult for them to pinpoint immediately who the infected patient was.

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Health Undersecretary Maria Rosario Vergeire also said that the phone numbers of both patients that were listed with PAL could not be reached.

The Filipina was among 15 newly arrived travelers in Hong Kong found to have the  infectious strain first seen in Britain. Thirteen of them flew in from London, while a fourth was from France.

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Her case was classified as "imported." Despite this, the DOH has maintained that the new variant, said to be 15 times more infectious than the common strain, had not reached Philippine shores yet. 

On Wednesday, the Philippine Genome Center reported that none of the 305 confirmed patients it tested had the new variant.

Duque says it's possible the Filipina was infected in HK

And in a news conference today, Health Secretary Francisco Duque III said it was possible the Filipina caught the virus in Hong Kong as there were 10 days between the day she tested negative on arrival on Dec 22, and when she was found positive on Jan 2.

“So that’s 10 days in between from the time she left and then the time she arrived in Hong Kong when she tested positive. So you can readily just speculate that it’s possible she might have contracted it there,” he added.

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The health official did not, however, note that the Filipina had little interaction with people here, as she was immediately put in isolation after arrival, in line with strict Hong Kong health protocols.

Consul General Raly Tejada says he has contacted Hong Kong Health Secretary Sophia Chan directly to ask for more information about the case, saying the Philippines needs to know how or where the patient might have acquired the variant. Dr Chan reportedly gave assurance that she would provide the information requested.

Meanwhile, Presidential Spokesperson Harry Roque has said that the ban imposed on foreigners flying into the country from 21 states where cases with the variant had been found, could be lifted after Jan. 15.

The ban did not include Filipinos, who are, however, required to spend 14 days’ quarantine in a government-designated facility after testing negative for Covid-19 on arrival in Manila.

Aside from Britain and Hong Kong, the list also includes the United States.

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Local man charged with false imprisonment of Filipina

By Vir B. Lumicao

The defendant appeared in Eastern Court this morning

A Chinese man was charged today, Jan 6, in Eastern Court with two counts of false imprisonment (or illegal detention) of a Filipino woman on Jan 2 and Jan 3 in a flat at Wah Fu Estate in Southern District, Hong Kong.

The charges read to Lau Yan-ting, a 41-year-old freelance photographer, said he “unlawfully and injuriously imprisoned Almenario Jingky Camino and detained her against her will”. No plea was taken.

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The prosecution said Lau committed the offenses against Almenario between 11pm on Jan 2 and 1am on Jan 3, and again between 11am and 12 noon on Jan 3.

Almenario was able to escape and reported the matter to the police. The defendant was later arrested.

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The alleged victim was a former domestic worker whose last contract was dated October 2017, a check with the Consulate showed. But a Consulate official said the two are married.

Magistrate Bina Chainrai adjourned the hearing until Feb 17 at the request of the prosecution.

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The defendant was granted bail of $50,000 for his provisional liberty.

 

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