Another Filipina helper is being held in jail to await her trial after being accused of stealing her employer’s diamond ring.
Judibeth Yarcia appeared in Eastern Court on Jul 10, where the amended part of her charge sheet was read to her by a Tagalog court interpreter.
The court was told that between February and May 5 this year, Yarcia was accused of taking a diamond ring that belonged to her employer.
The prosecutor asked Magistrate Peter Law to adjourn the case to Aug 7 for plea-taking. He also said he would object to granting bail as the case was serious and the defendant had no local ties.
Law granted the adjournment and told the defendant she could apply for bail at the Court of First Instance. He ordered the defendant returned to jail while awaiting the decision in her baiul plea.
22-24 months for shopping with stolen credit card
Posted on 23 July 2018 No comments
By Vir B. Lumicao
Two Filipino buddies who pleaded guilty to using a stolen credit card in March last year to buy three laptop computers and a guitar were sent to jail for 2 years and 22 months, respectively, by a District Court judge on Jul 12.
Judge Don So meted out the sentences after Hong Kong residents Manuel Roldan and Edward Reyes admitted the charges.
Roldan, a 49-year-old waiter who was charged with one count of theft and four counts of obtaining property by deception, drew a 24-month jail term.
Reyes, a 50-year-old musician and friend of Roldan who joined the shopping spree, was sentenced to 22 months for three counts of obtaining property by deception.
The case was transferred to the District Court in Wanchai from Eastern Court in Sai Wan Ho because of the seriousness of the offenses, according to Magistrate Bina Chainrai.
The prosecution report said Roldan stole a Bank of China MasterCard credit card owned by a certain Lam Chi-hau on Mar 1 last year. Using the card, he immediately went to a shop in 298 Computer Zone in Wanchai and bought a laptop computer for $1,956. He was charged with obtaining property by deception for this.
Roldan was later joined by Reyes, and together they used the card to buy a second laptop computer worth $3,750 from Cyber System Computer shop, and a third laptop for $3,330 at Wise Computer Technology Co, both in the Wanchai Computer Centre,
Afterwards, they went to a Tom Lee Music shop at City Centre on Gloucester Road, Wanchai and bought a bass guitar and an effect machine for guitar for a total of $9,450.
They were arrested on an unspecified date after the card issuer alerted the cardholder about the series of purchases.
Two Filipino buddies who pleaded guilty to using a stolen credit card in March last year to buy three laptop computers and a guitar were sent to jail for 2 years and 22 months, respectively, by a District Court judge on Jul 12.
Judge Don So meted out the sentences after Hong Kong residents Manuel Roldan and Edward Reyes admitted the charges.
Roldan, a 49-year-old waiter who was charged with one count of theft and four counts of obtaining property by deception, drew a 24-month jail term.
Reyes, a 50-year-old musician and friend of Roldan who joined the shopping spree, was sentenced to 22 months for three counts of obtaining property by deception.
The case was transferred to the District Court in Wanchai from Eastern Court in Sai Wan Ho because of the seriousness of the offenses, according to Magistrate Bina Chainrai.
The prosecution report said Roldan stole a Bank of China MasterCard credit card owned by a certain Lam Chi-hau on Mar 1 last year. Using the card, he immediately went to a shop in 298 Computer Zone in Wanchai and bought a laptop computer for $1,956. He was charged with obtaining property by deception for this.
Roldan was later joined by Reyes, and together they used the card to buy a second laptop computer worth $3,750 from Cyber System Computer shop, and a third laptop for $3,330 at Wise Computer Technology Co, both in the Wanchai Computer Centre,
Afterwards, they went to a Tom Lee Music shop at City Centre on Gloucester Road, Wanchai and bought a bass guitar and an effect machine for guitar for a total of $9,450.
They were arrested on an unspecified date after the card issuer alerted the cardholder about the series of purchases.
‘Abused’ worker breaks contract, wins claim against her employer
Posted on No comments
By Vir B. Lumicao
A diminutive Filipina domestic worker showed her employer she could not take the bad treatment she was getting from his wife and quit her job just 16 days into her work contract, and the Labour Tribunal supported her.
In a hearing on Jul 6, presiding officer Eric Tam ordered the employer to pay Joy Verzola her wages for the 16 days she had worked for the family and give her money for her air ticket back to the Philippines.
All in all, Verzola received $3,452 from Liu Chung Hang as payment for arrears in wages, including $1,200 for a one-way plane ticket home, and $100 in travel and food allowance.
Initially, Liu refused to pay her wages and demanded that he be paid a month’s pay in lieu of notice because Verzola broke their contract on May 4 and refused to stay on until Jun 25.
But Tam told Liu that the worker had the right to terminate the contract if she was assaulted by the employer’s wife as she had claimed.
When Tam asked Liu to tell his side of the case, the employer said the helper just made up some of the charges. But the presiding officer rebuked Liu, asking why it was he and not his wife who was at the Tribunal. Tam said Liu’s wife should submit a statement.
“If this case goes to trial, your wife will be called to give evidence,” Tam said.
“You don’t know what is happening at home when you are at work. It’s a matter of common sense that your wife should be a witness. If (Verzola) is assaulted by your wife, she has the right to terminate the contract,” he added.
After the hearing, Verzola told The SUN she could not stand Mrs Liu’s treatment of her so she decided to break her contract. On the first occasion, the woman allegedly pulled her hair, hit her hands and grabbed her nape tightly, so she told her employment agency, and they in turn talked to her employers.
On May 4, Mrs Liu allegedly pulled the maid’s hair again after being told staff from the employment agency was coming to fetch her. Verzola called the police and they took her statement, but she did not press charges.
She said she left the Liu home penniless and was given shelter at Bethune House Migrant Women’s Refuge.
Verzola, an HRM graduate in the Philippines, arrived in Hong Kong on Apr 19 for her first employment overseas. The 24-year-old mother from Nueva Vizcaya said she paid P19,000 for her training and medical checkup.
A diminutive Filipina domestic worker showed her employer she could not take the bad treatment she was getting from his wife and quit her job just 16 days into her work contract, and the Labour Tribunal supported her.
In a hearing on Jul 6, presiding officer Eric Tam ordered the employer to pay Joy Verzola her wages for the 16 days she had worked for the family and give her money for her air ticket back to the Philippines.
All in all, Verzola received $3,452 from Liu Chung Hang as payment for arrears in wages, including $1,200 for a one-way plane ticket home, and $100 in travel and food allowance.
Initially, Liu refused to pay her wages and demanded that he be paid a month’s pay in lieu of notice because Verzola broke their contract on May 4 and refused to stay on until Jun 25.
But Tam told Liu that the worker had the right to terminate the contract if she was assaulted by the employer’s wife as she had claimed.
When Tam asked Liu to tell his side of the case, the employer said the helper just made up some of the charges. But the presiding officer rebuked Liu, asking why it was he and not his wife who was at the Tribunal. Tam said Liu’s wife should submit a statement.
“If this case goes to trial, your wife will be called to give evidence,” Tam said.
“You don’t know what is happening at home when you are at work. It’s a matter of common sense that your wife should be a witness. If (Verzola) is assaulted by your wife, she has the right to terminate the contract,” he added.
After the hearing, Verzola told The SUN she could not stand Mrs Liu’s treatment of her so she decided to break her contract. On the first occasion, the woman allegedly pulled her hair, hit her hands and grabbed her nape tightly, so she told her employment agency, and they in turn talked to her employers.
On May 4, Mrs Liu allegedly pulled the maid’s hair again after being told staff from the employment agency was coming to fetch her. Verzola called the police and they took her statement, but she did not press charges.
She said she left the Liu home penniless and was given shelter at Bethune House Migrant Women’s Refuge.
Verzola, an HRM graduate in the Philippines, arrived in Hong Kong on Apr 19 for her first employment overseas. The 24-year-old mother from Nueva Vizcaya said she paid P19,000 for her training and medical checkup.
Anti-Duterte protest held ahead of SONA
Posted on No commentsLestari called Duterte 'evil' |
By Daisy CL Mandap
About 50 members of various migrant and community
organizations staged a protest outside the Philippine Consulate in Hong Kong
today to denounce President Rodrigo R. Duterte ahead of his third State of the
Nation Address in Manila .
Most vocal in their criticism of President Duterte were two
foreign nationals who expressed solidarity for Filipinos, including Indonesian
Eni Lestari, chair of the International Migrant Alliance, who said the
Philippine president is “turning to be an “evil leader.”
“We in the international community believe Duterte should
not be supported anymore,” Lestari said, citing among his alleged misdeeds the
killing of innocent Filipinos in the name of the drug war, and his blatant
disrespect for women.
Ma Wan Ki, a local Chinese who is secretary general of the
International Confederation for Human Rights and Peace in the Philippines ,
called Duterte a “bully”, saying that for all his tough talk, he has not been
able to go after big drug lords in the country.
“He has done nothing except for the (shedding of) blood of
the innocents,” said Ma.
Pastor Joram Calimutan, who represented the Promotion of
Church People’s Response, blasted Duterte’s failure to address the problems of
Filipinos, particularly the looming economic crisis brought about by heavy
borrowing and rampant corruption.
“Walang ginagawa ang kasalukuyang administrasyon para
matigil ang krisis, at sasabihin pa na istupido ang Diyos,” said Calimutan, who
also decried other church people who
continue to openly support Duterte despite his anti-religion and
anti-god rhetoric.
He also sounded alarm bells over Duterte’s alleged plan to
bring in 10,000 construction workers in China as part of his “build, build,
build” campaign, even if there are millions of Filipinos who don’t have jobs.
Pastor Calimutan spoke for church people |
Speaking for Filipino migrant workers was Dolores
Balladares, chair of United Filipinos in Hong Kong ,
who called out the Philippine leader for failing to deliver on his campaign
promise to provide them with a better life.
“Sona (a play on Sona) ngayon ang mga ipinangakong
trabaho?”, said Balladares. “Tayong mga migrante ang patunay na ang mga
ipinangakong pagbabago ay hindi nangyari.”
She cited as an example the so-called iDOLE or OFW ID, which
was recently scrapped by Labor Secretary Silvestre Bello III amid allegations
of misuse of the congressional funding for the project.
She also harped at Duterte’s failure to have a real
consultation with Filipino migrants during his Hong Kong
visit in April, preferring instead to party with local Chinese business people
who own employment agencies, often seen as a bane to OFWs.
A bigger protest is set to be held this coming Sunday, Jul
29, to assess Duterte’s SONA and what it means to Filipinos, particularly
migrant workers.
Pinay to be tried on charge of wounding fellow maid with cooking pot
Posted on No comments
By Vir B. Lumicao
A Filipina driver who had earlier pleaded guilty to wounding
a fellow domestic helper in Kennedy Town in May with a cooking pot will be tried in Eastern Court
in August after she decided to change her plea.
Magistrate Peter Law told the lawyer of Maria Fe Pangue, 52,
to review new facts disclosed by the defendant in a statement, when the case
was heard on Jul 18. After a brief adjournment, the lawyer told the court
Pangue was reversing her plea and wanted to go to trial.
Pangue was charged with woundi
Defendant is charged with hitting a fellow domestic helper on the head with a cooking pot |
But after the facts of her case were read in court, Pangue
said, “I plead guilty, but I have a statement about my case, your honor.”
She passed the written statement on to the magistrate, who
read it and noted the differences between her account of the incident and the
facts cited in the police statement.
The police report said Pangue, who worked as a driver-helper
of a family residing at a tower in the estate, “unlawfully wounded” Sumagay.
But Law noted that in her statement,
the defendant claimed she was struck first on the face with the pot’s lid by
the victim, prompting her to hit the latter’s head once, causing it to bleed.
Law set the trial for Aug 22 in Eastern Court.
Magsasangla ka pa ba ng pasaporte?
Posted on 22 July 2018 No comments
Ni Vir B. Lumicao
Ito ang nais nating itanong sa ating mga kababayan, lalo na sa mga bagong-dating na kasambahay na natutuksong mangutang gamit ang kanilang mga pasaporte bilang garantiya sa uutangin.
Kapag nangutang kayo gamit ang mga inyong pasaporte bilang prenda ay huwag kayong umasang mabibigyan kayo kaagad ng Konsulado ng kapalit kapag naipit ang dokumento sa nagpautang o nakuha ito ng mga pulis bilang ebidensiya sa isang operasyon laban sa “loan-sharking” o sobrang pagpapatubo.
Nalaman namin sa isang opisyal ng Konsulado na kapag naipit o nawala ang pasaporte ng isang OFW dahil ginamit sa utang ay mahihirapan muna siya bago makakuha ng kapalit.
Sinabi ng opisyal na hihingi muna sila ng payo sa Department of Foreign Affairs sa Maynila kapag may mga lalapit na ganitong kaso para mag-renew ng pasaporte.
Kapag kailangang mag-renew ng kontrata ang nawalan ay papayuhan siyang sumulat sa Director of Passports ng DFA upang sa kanya mag-apply. Dito matatagalan ang proseso dahil susuriing mabuti ang aplikasyon. Kung bakit ganoon ang patakaran ng Konsulado ay dahil sa pang-aabuso ng maraming OFW sa kanilang pasaporte.
Ayon sa opisyal, layunin ng ganyang patakaran na matuto ang mga kababayan nating mahilig mangutang o hindi maingat sa kanilang mga gamit na kailangan din nilang igalang at ingatan ang pasaporte dahil ipinahiram lang iyon ng gobyerno sa kanila.
Paano nga naman matututo ng leksiyon ang mga kababayan natin madali silang makakakuha ng kapalit kapag ang nawala ang pasaporte ipinrenda nila sa mga nagpapautang?
Katunayan nga ay laging ipinapayo sa mga bagong-dating na OFW sa post-arrival orientation seminar o PAOS sa Konsulado na huwag nilang isangla o gamiting garantiya sa utang ang pasaporte.
Gayunpaman, nitong nakaraang buwan ay muling nabunyag na daan-daang mga kababayan nating kasambahay ang hindi nakinig sa payo at nangutang gamit ang kanilang mga pasaporte bilang garantiya.
Marahil ay wala naman silang balak na takbuhan ang kanilang mga utang. Sumabit lang sila nang mahuli ng pulisya ang taong inutangan nila. Sa kasunod na paghalughog sa tirahan ng nagpapautang, natagpuan ang mahigit 800 pasaporteng Pilipino at Indonesian na garantiya ng mga nangutang. Nakakuha rin ang pulisya ng mga kontrata sa trabaho.
Noong nakaraang taon, isang katulad na operasyon ang nabuwag ng mga pulis at nabawi rin nila ang 248 pasaporte ng mga Pilipino na inipit ng sindikatong binubuo ng mag-asawang Intsik ng Hong Kong. Kasama ang kanilang katulong na Pilipina at ilan pang mga Pinay ding kasambahay na nagsilbing “runner” ng taga-alok ng pautang.
Nalaman ng pulisya ang nasabing bawal na operasyon nang may mga nagsumbong na Pilipina dahil kailangan na nila ang mga pasaporte nila para mag-renew ng kontrata at visa ngunit hindi maibalik sa kanila ng nagpahiram ng pera dahil hindi pa umano bayad ang utang o wala sa kanila ang pasaporte ng nangutang.
Ang ginagawa pala ng mga sindikato o mga galamay nila – mga runner – ay tatanggapin nila ang pasaporte ng nangungutang kapalit ng halagang hinihiram ng tao.
Sa kagustuhan ng runner na kumita ay uutang naman siya gamit ang pasaporteng iyon bilang garantiya ngunit ang magbabayad sa inutang niya ay ang taong nakapangalan sa pasaporte. Kaya pala lumalaki nang 10 beses o higit pa ang utang ng may pasaporte.
Labag sa batas ang ganoong gawain dahil labis-labis sa hanggang 60% legal na patubo ang babayaran ng nangutang nagiging sanhi ng pagkakabaon niya sa utang.
Kapag nahuli ang mga “loan shark”, hahawakan ng pulisya ang mga pasaporteng nabawi bilang ebidensiya at walang nakakaalam kung maibabalik pa ito sa mga may-ari. Kaya nagkakaproblema ang mga nangutang pagdating ng renewal ng kanilang mga kontrata dahil wala silang pasaporteng tatatakan ng visa extension.
Sinabi ng opisyal ng Konsulado na noong una ay madali ang pag-iisyu nila ng kapalit sa mga nagre-report na nawalan ng pasaporte. Ngunit kainalaunan ay nabisto nilang marami sa mga nagsasabing nawalan ng pasaporte ay nagsangla o nangutang pala.
Paano sila matututong huwag gamitin sa utang ang pasaporte kung alam nilang madali silang makakakuha ng kapalit, sabi ng opisyal. May katuwiran nga siya. Igalang ang kundisyon ng pagkakaloob sa iyo ng pasaporte o magdusa ka.
Ito ang nais nating itanong sa ating mga kababayan, lalo na sa mga bagong-dating na kasambahay na natutuksong mangutang gamit ang kanilang mga pasaporte bilang garantiya sa uutangin.
Kapag nangutang kayo gamit ang mga inyong pasaporte bilang prenda ay huwag kayong umasang mabibigyan kayo kaagad ng Konsulado ng kapalit kapag naipit ang dokumento sa nagpautang o nakuha ito ng mga pulis bilang ebidensiya sa isang operasyon laban sa “loan-sharking” o sobrang pagpapatubo.
Nalaman namin sa isang opisyal ng Konsulado na kapag naipit o nawala ang pasaporte ng isang OFW dahil ginamit sa utang ay mahihirapan muna siya bago makakuha ng kapalit.
Sinabi ng opisyal na hihingi muna sila ng payo sa Department of Foreign Affairs sa Maynila kapag may mga lalapit na ganitong kaso para mag-renew ng pasaporte.
Kapag kailangang mag-renew ng kontrata ang nawalan ay papayuhan siyang sumulat sa Director of Passports ng DFA upang sa kanya mag-apply. Dito matatagalan ang proseso dahil susuriing mabuti ang aplikasyon. Kung bakit ganoon ang patakaran ng Konsulado ay dahil sa pang-aabuso ng maraming OFW sa kanilang pasaporte.
Ayon sa opisyal, layunin ng ganyang patakaran na matuto ang mga kababayan nating mahilig mangutang o hindi maingat sa kanilang mga gamit na kailangan din nilang igalang at ingatan ang pasaporte dahil ipinahiram lang iyon ng gobyerno sa kanila.
Paano nga naman matututo ng leksiyon ang mga kababayan natin madali silang makakakuha ng kapalit kapag ang nawala ang pasaporte ipinrenda nila sa mga nagpapautang?
Katunayan nga ay laging ipinapayo sa mga bagong-dating na OFW sa post-arrival orientation seminar o PAOS sa Konsulado na huwag nilang isangla o gamiting garantiya sa utang ang pasaporte.
Gayunpaman, nitong nakaraang buwan ay muling nabunyag na daan-daang mga kababayan nating kasambahay ang hindi nakinig sa payo at nangutang gamit ang kanilang mga pasaporte bilang garantiya.
Marahil ay wala naman silang balak na takbuhan ang kanilang mga utang. Sumabit lang sila nang mahuli ng pulisya ang taong inutangan nila. Sa kasunod na paghalughog sa tirahan ng nagpapautang, natagpuan ang mahigit 800 pasaporteng Pilipino at Indonesian na garantiya ng mga nangutang. Nakakuha rin ang pulisya ng mga kontrata sa trabaho.
Noong nakaraang taon, isang katulad na operasyon ang nabuwag ng mga pulis at nabawi rin nila ang 248 pasaporte ng mga Pilipino na inipit ng sindikatong binubuo ng mag-asawang Intsik ng Hong Kong. Kasama ang kanilang katulong na Pilipina at ilan pang mga Pinay ding kasambahay na nagsilbing “runner” ng taga-alok ng pautang.
Nalaman ng pulisya ang nasabing bawal na operasyon nang may mga nagsumbong na Pilipina dahil kailangan na nila ang mga pasaporte nila para mag-renew ng kontrata at visa ngunit hindi maibalik sa kanila ng nagpahiram ng pera dahil hindi pa umano bayad ang utang o wala sa kanila ang pasaporte ng nangutang.
Ang ginagawa pala ng mga sindikato o mga galamay nila – mga runner – ay tatanggapin nila ang pasaporte ng nangungutang kapalit ng halagang hinihiram ng tao.
Sa kagustuhan ng runner na kumita ay uutang naman siya gamit ang pasaporteng iyon bilang garantiya ngunit ang magbabayad sa inutang niya ay ang taong nakapangalan sa pasaporte. Kaya pala lumalaki nang 10 beses o higit pa ang utang ng may pasaporte.
Labag sa batas ang ganoong gawain dahil labis-labis sa hanggang 60% legal na patubo ang babayaran ng nangutang nagiging sanhi ng pagkakabaon niya sa utang.
Kapag nahuli ang mga “loan shark”, hahawakan ng pulisya ang mga pasaporteng nabawi bilang ebidensiya at walang nakakaalam kung maibabalik pa ito sa mga may-ari. Kaya nagkakaproblema ang mga nangutang pagdating ng renewal ng kanilang mga kontrata dahil wala silang pasaporteng tatatakan ng visa extension.
Sinabi ng opisyal ng Konsulado na noong una ay madali ang pag-iisyu nila ng kapalit sa mga nagre-report na nawalan ng pasaporte. Ngunit kainalaunan ay nabisto nilang marami sa mga nagsasabing nawalan ng pasaporte ay nagsangla o nangutang pala.
Paano sila matututong huwag gamitin sa utang ang pasaporte kung alam nilang madali silang makakakuha ng kapalit, sabi ng opisyal. May katuwiran nga siya. Igalang ang kundisyon ng pagkakaloob sa iyo ng pasaporte o magdusa ka.
Where to settle claims: job agency or Labour Department?
Posted on No comments
By Cynthia Tellez
A lot of times, our troubled migrant workers lack the right information on what to do and where to file their complaints when they are shortchanged by employers or agencies. This puts our OFWs in a vulnerable position and instead of a favourable resolution, they end up on the losing end because they thought they were given the proper advice.
There are migrant workers who report that their employer, after terminating their employment contract, did not give them what are due under the contract. The employer, instead of settling their obligations with their workers immediately, makes an appointment for them to see each other at the recruitment agency that facilitated the worker’s employment in Hong Kong.
Due to fear of receiving nothing if they refuse, migrant workers are forced to submit to the employer’s demand to settle claims in the office of the recruitment agency. In many cases, what happens next is that the agency just wants a way to get hold of whatever amount the employer will pay the worker.
The agency uses its “power” to pressure the worker to accept whatever is offered and from this, some amount may be deducted, including for the “completion of placement fee” plus many other things. In the end, almost nothing is left to the worker. She may even be forced to sign the receipt that makes it more difficult to file further claims against the employer at the Labour Relations Division of the Labour Department of Hong Kong.
First question: Do employers have the right to dictate where to settle their obligations to their domestic worker? The answer is: NO.
Let us then explain the different functions of different entities related to the employer-domestic worker disputes in relation to contract. In this column, we will primarily discuss matters pertaining to employment contract violation that is within the jurisdiction of the Labour Department through its Labour Relations Division located in different districts of Hong Kong.
Technically any settlement between the employer and domestic worker is called amicable settlement which means that the dispute is settled between them and only by them. The involvement of recruitment agencies should be avoided by domestic workers. It is best to always settle disputes through the Labour Relations Division because only the Labour Department is mandated and tasked to attend to this kind of disputes.
There may be times that a Labour Officer also tells you to settle the matter at the recruitment agency. You have the right to refuse to do that.
Why should you avoid this? There are lessons to learn from the experiences of others who resorted to this move. Some domestic workers are threatened by employers by calling the police as if the worker has committed a crime. Some workers are threatened that they will not receive any amount in relation to their claims if they will not agree to settle through the recruitment agency. Some domestic workers succumb to pressures or may even be persuaded to agree, thinking that it is the easiest way to settle. Unfortunately, many experience undue deductions: “unpaid agency fees”, wages in lieu of notice and in some cases, even payment for plane ticket. They may turn out to be illegal deductions if thoroughly analyzed. But a confused and rattled migrant worker may not be in a position to do that.
They are overpowered by the presence of two authorities: employer and agency staff. “Unpaid agency fees” in many instances are overcharged fees if not illegal charges; wage in lieu of notice can be argued depending on the circumstances leading to the termination of employment contract; and air ticket is the responsibility of the employer for hiring a foreign worker. Once a domestic worker has agreed to any of these deductions, she will be forced to sign a paper stating that no further claims can be filed against the employer. It may even include the line “full and final settlement”. Thus, even if the full amount of the claims is not given, it will be difficult to file further claims, though not impossible. So, it is better to file the claims at the proper government agency that is the Labour Relations Division of the Hong Kong Labour Department and NOT the placement or recruitment agency.
The recruitment agency’s responsibility is mainly to process your work contract in Hong Kong. This includes, after ensuring the legitimacy of the employer, processing at the Philippine Consulate for authentication and verification, and then further on, to the facilitation of work visa application processing to the Immigration Department. Placement agencies based in the Philippines cannot charge any agency fee from an OFW applicant. This is based on the policy by the Philippine Overseas Employment Administration or POEA in December 2006. Meanwhile, the agency in Hong Kong can charge only 10% of the first month’s salary of the worker. This, and anything related to job placement, is the main role of the agency. Also, as a reminder, throm Page agency has no right to keep the domestic worker’s passport, employment contract, and other personal official documents issued to the domestic worker including the HK Identity card.
In summary, migrant domestic workers must not allow themselves to be pressured or coerced by their employer to settle employment claims anywhere apart from the Labour Department. When they feel uncomfortable, they should seek assistance from service providers like the Mission for Migrant Workers, which can help clarify what actions they need to take. It is better to be cautious than sorry.
---
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.
A lot of times, our troubled migrant workers lack the right information on what to do and where to file their complaints when they are shortchanged by employers or agencies. This puts our OFWs in a vulnerable position and instead of a favourable resolution, they end up on the losing end because they thought they were given the proper advice.
There are migrant workers who report that their employer, after terminating their employment contract, did not give them what are due under the contract. The employer, instead of settling their obligations with their workers immediately, makes an appointment for them to see each other at the recruitment agency that facilitated the worker’s employment in Hong Kong.
Due to fear of receiving nothing if they refuse, migrant workers are forced to submit to the employer’s demand to settle claims in the office of the recruitment agency. In many cases, what happens next is that the agency just wants a way to get hold of whatever amount the employer will pay the worker.
The agency uses its “power” to pressure the worker to accept whatever is offered and from this, some amount may be deducted, including for the “completion of placement fee” plus many other things. In the end, almost nothing is left to the worker. She may even be forced to sign the receipt that makes it more difficult to file further claims against the employer at the Labour Relations Division of the Labour Department of Hong Kong.
First question: Do employers have the right to dictate where to settle their obligations to their domestic worker? The answer is: NO.
Let us then explain the different functions of different entities related to the employer-domestic worker disputes in relation to contract. In this column, we will primarily discuss matters pertaining to employment contract violation that is within the jurisdiction of the Labour Department through its Labour Relations Division located in different districts of Hong Kong.
Technically any settlement between the employer and domestic worker is called amicable settlement which means that the dispute is settled between them and only by them. The involvement of recruitment agencies should be avoided by domestic workers. It is best to always settle disputes through the Labour Relations Division because only the Labour Department is mandated and tasked to attend to this kind of disputes.
There may be times that a Labour Officer also tells you to settle the matter at the recruitment agency. You have the right to refuse to do that.
Why should you avoid this? There are lessons to learn from the experiences of others who resorted to this move. Some domestic workers are threatened by employers by calling the police as if the worker has committed a crime. Some workers are threatened that they will not receive any amount in relation to their claims if they will not agree to settle through the recruitment agency. Some domestic workers succumb to pressures or may even be persuaded to agree, thinking that it is the easiest way to settle. Unfortunately, many experience undue deductions: “unpaid agency fees”, wages in lieu of notice and in some cases, even payment for plane ticket. They may turn out to be illegal deductions if thoroughly analyzed. But a confused and rattled migrant worker may not be in a position to do that.
They are overpowered by the presence of two authorities: employer and agency staff. “Unpaid agency fees” in many instances are overcharged fees if not illegal charges; wage in lieu of notice can be argued depending on the circumstances leading to the termination of employment contract; and air ticket is the responsibility of the employer for hiring a foreign worker. Once a domestic worker has agreed to any of these deductions, she will be forced to sign a paper stating that no further claims can be filed against the employer. It may even include the line “full and final settlement”. Thus, even if the full amount of the claims is not given, it will be difficult to file further claims, though not impossible. So, it is better to file the claims at the proper government agency that is the Labour Relations Division of the Hong Kong Labour Department and NOT the placement or recruitment agency.
The recruitment agency’s responsibility is mainly to process your work contract in Hong Kong. This includes, after ensuring the legitimacy of the employer, processing at the Philippine Consulate for authentication and verification, and then further on, to the facilitation of work visa application processing to the Immigration Department. Placement agencies based in the Philippines cannot charge any agency fee from an OFW applicant. This is based on the policy by the Philippine Overseas Employment Administration or POEA in December 2006. Meanwhile, the agency in Hong Kong can charge only 10% of the first month’s salary of the worker. This, and anything related to job placement, is the main role of the agency. Also, as a reminder, throm Page agency has no right to keep the domestic worker’s passport, employment contract, and other personal official documents issued to the domestic worker including the HK Identity card.
In summary, migrant domestic workers must not allow themselves to be pressured or coerced by their employer to settle employment claims anywhere apart from the Labour Department. When they feel uncomfortable, they should seek assistance from service providers like the Mission for Migrant Workers, which can help clarify what actions they need to take. It is better to be cautious than sorry.
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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.
Suspended jail term for DH caught selling fake Nike shoes
Posted on No commentsFake Nike being sold online |
By Vir B. Lumicao
A Filipina who sold fake Nike shoes on her day off to
augment her income was sentenced on Jul 19 to six weeks in jail, suspended for
a year, after she admitted her offenses.
Geraldine Hurboda, a 36-year-old domestic worker, pleaded
guilty before Magistrate Peter Law in Eastern Court to charges of “possession
for sale or any purpose of trade of goods to which a fake trademark was
applied” and “breach of condition of stay”.
The prosecution said Hurboda was arrested on Dec 3 last year
by a Customs officer posing as a civilian while selling eight pairs of fake
Nike shoes to fellow Filipinos near St Joseph’s Church on Garden Road, Central.
The charge read to the defendant said the officer watched
for a few minutes as Hurboda laid her merchandise on the pavement for likely
buyers to inspect before arresting her.
The prosecutor said Hurboda, who came to Hong Kong on Jul
23, 2016 to work as a domestic helper for a family on Caine Road, Mid-Levels,
had a clear record. She had lost her job since her arrest.
Her counsel from the Duty Lawyer Service said in mitigation
that Hurboda had admitted her offenses at the earliest instance, adding that
she committed them because she wanted to send more money to her ailing mother.
The lawyer read a letter from Hurboda which said she was
remorseful and was hoping to get another job in Hong Kong. Her former employer
also sent a letter attesting to her good character.
Law imposed a two-week sentence on Hurboda for selling fake
goods and six weeks for breaching her condition of stay. Both sentences are to
be served concurrently but suspended for 12 months.
“The nature of your breach of condition of stay is different
from the nature of other breach of condition cases I’ve heard. Those cases
involved people who are not allowed to work at all in Hong Kong. In your case,
you were working in Hong Kong when you breached your condition of stay,” Law
told Hurboda.
Five Pinays lose more than $300k in love-jobs scam
Posted on No commentsThe victims had to pawn their passports to borrow more money for John |
By Daisy CL Mandap
In just over two months, a group of Filipina domestic
workers found themselves neck-deep in debt, all because of a charlatan who
promised to get them work visas through a tech company he was supposedly setting
up.
Banking on that promise, the five Filipinas racked up debts
totaling a whopping $312,000, money they said all went to the Egyptian man they
identified as John, but whose passport name they gave as Ghonam Aly Elsayed Aly
Ibrahim.
But after reportedly demanding increasing amounts of money
each month from the victims, saying he needed funds to set up the business and
for him to live on, John suddenly cut off contacts with them by the end of last
month.
By then, the Filipinas were already facing the fruit of
their folly. Debt collectors from the various financing companies and
individuals they borrowed money from, began calling them up to demand payment.
As a result, at least three of the alleged victims had their
contracts terminated, and they would soon head home penniless and in tears, fearful
of the adverse consequences of not being able to pay the huge amounts of money
they had borrowed so recklessly.
All five filed statements at the Consulate on Jul 15, with
at least one making a separate complaint at the Central Police station.
Everyone was desperately seeking advice, wary of the notorious debt
collectors that were closing in on them, and worried they could no longer work in Hong Kong.
The alleged scam unfolded on Feb. 18 this year, when Vivian
- who was among those who complained - met John, a good-looking man who said he
was from Alexandria, Egpyt, in a park in Hong Kong.
John, who was on tourist visa, reportedly wanted to look for
a job in Hong Kong , but he had no money. He
allegedly said he could also set up his own IT company from home, but he must
need at least a computer and an iPad.
Vivian responded to this by borrowing $30,000 from a
financing company so John could buy whatever he needed for his business, and to
pay the recruitment agency that would help him find a job.
Not long after, they became a couple.
But soon, John’s needs began to include his daily meals and
accommodation, forcing Vivian to borrow heavily. In the end, she said her
losses had run up to no less than $110,000.
Still, John reportedly kept asking for more that Vivian had
to look for other people who could help put up the money for him.
That was when Mariz, whom Vivian met at the training centre
they both attended in the Philippines
prior to deployment, came into the picture.
Mariz, a single mother of three who had been working in Hong Kong for only 15 months, was easily lured by the
promise of transitioning from maid to staff at an IT company that she readily
took out a loan of $20,000 on Apr 15 to give to John.
At one point, she said Vivian even managed to get her to
sign the loan agreement for an iPhone 8 that they bought for John in Worldwide Plaza .
Mariz ended up borrowing a total of $80,000 for him.
But so impressed was she of John’s vision, and also allegedly
because of Vivian’s relentless nudging, that Mariz enticed a 24-year-old niece
to also borrow money to help set up their dream company. This young newcomer
ended up with debts totaling $63,000.
A friend who also quickly fell into the trap reportedly
ended up indebted by $52,000; while a friend of this friend lost “a mere”
$7,000 because she got into the picture much later than they did, and even
managed to make Vivian pay $2,000 of her original $9,000 loan.
According to Mariz, they were told to borrow money nearly
every week that on their days off they would look for all possible sources,
even the loan sharks who demanded their passports and work contracts as
collateral.
At one stage when she began entertaining doubts about the
whole scheme, Mariz said she was told by Vivian that she already had a two-year
work visa and had paid for a flat that she and John would move into. That
reportedly erased whatever doubts she had in her mind.
Thus, when John had to leave for Macau
at the end of his three-month visitor visa, Mariz said she even went there on
her day off to deliver some of the borrowed money. She said John and Vivian
gave her money for her boat fare, but the loaned amounts were delivered to them
intact.
That was the first and only time she met the man who would soon leave
3 Pinoys in US$5B bank draft case denied bail
Posted on 21 July 2018 No comments
Three Filipino male tourists who are accused of presenting a
fake US$5 billion bank draft to HSBC failed in their attempt to secure
bail at Eastern Court on Jul 19.
In two separate cases, a male tourist who allegedly
attempted to encash fake traveler’s checks worth US$50,000 in February and a
fellow Filipino who tried to verify an HSBC deposit slip for US$943 billion in
April appeared in District Court on Jul 17.
In the first case, Elmer P. Soliman, 57, his son Eric Jude
P. Soliman, 31, and Eliseo L. Martinez returned to the court with bail money
and addresses to stay in Hong Kong in case they gain temporary release, as well
as a promise not to leave the city and report to police daily.
But that did not convince Magistrate Peter Law to grant
their bail applications.
The three defendants, who are facing a charge of “using a
false instrument”, were ordered back in jail.
HSBC staff called police after seeing the fake US$5billion bank draft |
Soliman and his son, who claimed to be a secretary and
engineer, respectively, submitted an address on Jordan Road near the
Tsimshatsui Police Station. They also offered bail money of $15,000 each and
their Hong Kong Chinese friend who was in court was ready to put up a surety of
$3,000 each, their lawyer told Law.
Third defendant Martinez, a lawyer, offered bail of $15,000
in addition to an offer of $15,000 surety from his friend “Mr Pieter”, a Hong Kong resident. His lawyer also offered
a new address, also in Saikung, where Martinez would reside.
Despite the offers, however, Law remained firm in refusing
the bail applications of all three.
The magistrate told the defendants that their offense was
serious, so he could not grant their applications. But he said they could apply
for bail at the High Court.
Law told Martinez he had considered his case separately, but
rejected his bail application.
Martinez, wearing a red round-neck shirt, smiled to his wife
and daughter as he emerged in the dock along with the Solimans. The daughter
wiped off her tears as she beheld her father, a 46-year-old municipal lawyer in
Tarlac province.
For the Solimans, a son and grandson of Elmer came with two
local Chinese friends and a Filipina companion.
Magistrate Law said the case could now go to a pre-trial
review on Aug. 9.
The three defendants were arrested on Jun 25 at the HSBC main office in Central after they tried to open an account using the fake bank draft worth US$ 5 billion. Two other unidentified
persons who were with them were initially arrested but were later released by
the police.
The prosecution said the elder Soliman approached a female
staff to open an account. He then presented the bank draft that was handed to him by Martinez. The staff called the police when
they noticed that the bank instrument was spurious.
A raid on their hotel room in Tsimshatsui followed, and
police seized a suitcase with contained documents. Investigations are
continuing.
In the District Court, Filipino tourists Noel Rambuyon and
Brudencio Bolaños appeared for the first hearing of their individual cases of
“using a false instrument” since their transfer from Eastern Court in Sai Wan
Ho.
No plea was taken from either of the defendants. Their
lawyer from Legal Aid applied for a
six-week adjournment to study the cases.
Judge Gary Lam adjourned the cases until Sept 4 and ordered
Rambuyon and Bolaños back in jail.
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