OFW in Kwong Wah appeal dies of stroke

By Daisy CL Mandap

A Filipina domestic worker died of stroke in Kwong Wah Hospital early on Monday, Jul 23, two days after an appeal for help to get her family in the Philippines by her bedside before she passed on went viral on Facebook.

Kwong Wah's letter

Bernadett Manalo Natividad, 37, married and a resident of Guiguinto, Bulacan, died without regaining consciousness. But officers at the Consulate said her sister and a group of friends managed to gather at the hospital a day after she was rushed there in critical condition. She died a few hours afterwards.

Natividad’s medical condition became known to thousands of people in the community after a letter from Kwong Wah asking for help in facilitating the travel to Hong Kong of her family in the Philippines, went viral on Facebook.

“The abovenamed patient was admitted on the 21^st July 2018 for severe hemorrhagic stroke. Her condition is critical and life-threatening. The patient will pass away at any moment,” said the letter, which was accompanied by a copy of the Filipina's Hong Kong ID.

”It has come to our attention that she has family members residing in the Philippines. For her sake, please consider the early processing of their application to visit the patient as soon as possible,” the letter urged.

Weloff Tamayao 

According to the Virsie Tamayao of the Overseas Workers Welfare Administration office, Natividad’s employer was the one who called for help after finding the helper unconscious on the night of Jul 21.

The employer also called up OWWA’s hotline to report on the case, and was coordinating with the assistance to nationals section of the Consulate on the preparations for repatriating the victim’s remains.

Tamayao said she personally went to Kwong Wah on Jul 22 to extend assistance, but Natividad was still in intensive care at the time, fighting for her life. Only a nurse reportedly briefed her on the patient’s condition.

Natividad was reportedly married with two young children. Her husband had already been notified of her death. She had been working in Hong Kong since 2015, but has been with her current employer for just a little over a year.

According to Tamayao, the worker’s family would be entitled to the Php100,000 death benefit plus Php20,000 funeral assistance extended to all OWWA members. In addition, one of her children would be given scholarship until she finishes college, in line with OWWA’s Education and Livelihood Assistance Program.

Ang hinaharap para sa iyo

ASO. Isinilang noong 1922/34/46/58/70/82/94
Iwasan ang mahahabang biyahe, pero makakabuti ang pagpunta sa malalapit na lugar. Mag-ingat sa maliliit na aksidente; upang maiwasan ang nerbiyos, mag-ehersisyo sa malawak na lugar. Tagumpay ka sa trabaho at sa lipunan pero manatiling simple at mapagkumbaba. Magiging masaya sa pag-ibig at nanaisin mong ialay ang lahat sa minamahal; matutumbasan rin ito ng pagmamahal.    Lucky numbers: 3, 15, 26 at 38.
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BABOY. Isinilang noong 1923/35/47/59/71/83/95
Ang malaking proyektong inaasam ay unti-unti nang nagkakahugis, huwag madaliin upang hindi ito lumubog. Madali kang kapitan ng sakit ngayon kaya mag-ingat. Kung hindi naniniwala, huwag mahiyang sabihin ito, kahit pa taliwas ito sa paniwala ng nakakarami. Hindi maiwasang mag-alala sa isang personal na problema kaya hindi ka mapakali, huwag mangamba dahil madali mong makokontrol ang sitwasyon at manunumbalik din ang kapayapaan ng loob.  Lucky numbers: 19, 28, 31 at 43.

DAGA. Isinilang noong 1924/36/48/60/72/84/96 
Mas magiging maganda ang resulta kung magiging mahinahon ka sa mga anak kaysa magalit. Mag-ingat sa posibleng pagdating ng malaking problema sa pera! Malaki ang tsansa na tumagal ang  relasyon mo sa mga bagong kaibigan. Kung laging mataas ang presyon ng dugo at maraming nararamdaman sa katawan, sundin lang ang payo ng doktor at maaayos din ang kalagayan. Lucky numbers: 17, 21, 30 at 40.

BAKA. Isinilang noong 1925/37/49/61/73/85/97 
Makakasiguro ka sa magandang takbo ng trabaho at pakikipag-ugnayan, pero ang pagiging pabaya at kakulangan sa tiyaga ay may mabigat na kapalit. Ang love affair ay mamumukadkad. Kung nahihirapang matulog, bawasan o tigilan ang stimulants gaya ng kape o sigarilyo. Dagdagan ang pagkain ng gulay. Tamang panahon ito sa paglilipat. Marami kang makikilalang tao na malayo sa katangian mo, pero makakasundo mo at magbibigay sa iyo ng bagong pananaw. Lucky numbers: 15, 33, 41 at 45.
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TIGRE Isinilang noong 1926/38/50/62/74/86 at 98 
Magiging mapanukso ka ngayon, pero huwag asahang aayunan ka ng kapartner. Sa trabaho, hindi masasayang ang pinagpaguran at ilang mabubuting kasamahan ang tutulong sa iyo. May dahilan ka para matakot sa away o masangkot sa argumento. Mapipilitan kang tanggapin na wala ka nang matatakbuhan, pero magkakaroon ka pa rin ng pagkakataong makaalpas, kumilos ka agad!  Lucky numbers: 7, 29, 36 at 42. 

KUNEHO Isinilang noong 1927/39/51/63/75/87 
Bigyan ng atensyon ang pangangatawan, kung hindi ay mahihirapan kang ibalik ang dating pigura. Iwasang maghangad ng labis at baka mauwi lang sa kabiguan. Huwag ding  maging mapaghanap sa mga taong malalapit sa iyo. Sayang kung hindi mo gagamitin ang mga bagay o katangian nasasa-iyo na. Kung nakaranas ng sobrang kagipitan, ngayon ay kakasihan ka ng swerte at mas magiging malakas at matibay ka kaysa dati.  Lucky numbers: 13, 27, 34 at 44.

 DRAGON Isinilang noong 1928/40/52/64/76/88 
Nasa posisyon ka ngayong tapusin na ang pananahimik at hindi umurong sa mga  delikadong usapin kaya matapang ka na ring hingin ang nararapat sa iyo. Lalakas ang kapit mo sa puwesto. Makakaranas ng problema sa bituka.  Ang relasyon sa pag-ibig ay lalong iinit. Mag-ingat sa pagbitaw ng malaking pera sa mga bagay na hindi ka sigurado; kung gusto mong mag-invest ng malaki, kumunsulta sa mga eksperto.   Lucky numbers: 9, 14, 26 at 41.

AHAS Isinilang noong 1929/41/53/65/77/89 
Marami kang dapat gawin, pero kulang ka sa sigla at inspirasyon; makakabuti ang kauting oras sa piling ng mga kaibigan para ganahan ka. Maging maingat sa pagmamaneho o paggamit ng makinarya dahil mabagal ang kilos mo ngayon. Maganda ang takbo ng iyong pananalapi. Magpakita ng diplomasya sa lahat ng pakikipag-usap. Tahimik sa trabaho, pero maging alerto sa mga pagbabagong magaganap. Lucky numbers: 18, 25, 31 at 42.

KABAYO. Isinilang noong 1930/42/54/66/78/90
Tamang panahon na balikan ang pag-aaral, pagkuha ng pagsusulit o training course. Mag-ingat sa lahat ng pwedeng mauwi sa problemang legal. Umiwas muna sa shellfish, hilaw na gulay at produktong gawa sa gatas. Pagkakataon na rin na ito na patibayin pa ang relasyon sa magulang at mga anak. Maganda ang takbo ng pananalapi. Maganda at malaking pagbabago ang magaganap, at makikinabang ka ng husto; magkakaroon ka ng malalaking proyekto.  Lucky numbers: 16, 31, 32, at 39.

KAMBING. Isinilang noong 1919/31/43/55/67/79 at 91 
Buong tapang mong haharapin ang mga problemang dumarating. Kung matatanda na ang magulang, lalong lalala ang tensyon sa pagitan nyo, dagdagan ang pasensya at unawa.  Mas magiging malambing ka sa karelasyon, pero mas magiging mapaghanap ka rin kaysa dati. Kung umiinom ng antibiotics, dagdagan ang pagkain ng yogurt na makakatulong sa bituka na naaapektuhan ng malakas na gamot. Lucky numbers: 9, 16, 20 at 29.

UNGGOY. Isinilang noong 1920/32/44/56/68/80/92
Iwasang mag-isip ng mga nakakalungkot na bagay. Sa trabaho, dagdagan ang atensyon at konsentrasyon upang makuha ang tamang resulta. Ingatan ang atay at baga; kailangan mo ng sariwang hangin at umiwas sa sobrang paninigarilyo at pag-inom ng alak at kape. Madali kang mainis kahit sa maliliit na dahilan at nababagalan ka sa takbo ng mga bagay, kaya iniiwasan ka ng mga kasamahan mo. Iwasang mag-init ang ulo. Lucky numbers: 8, 24, 28 at 42. 

TANDANG Isinilang noong 1921/33/45/57/69/81/93
Marami kang bagong makikilala at matutuhan na makakaapekto sa iyong pananaw at paniniwala. Sa trabaho, maganda ang resulta ng pinagpaguran, manating realistiko. May senyales ng aksidente, umiwas munang magmaneho o doblehin ang pag-iingat sa linggong ito. Makakakita ka ng kapayapaan at kalinga sa tahanan. Maniguro sa tibay at kalidad ng bagay na binibili upang hindi magsisi. Huwag maging mapagmataas at bawasan ang pagsusuplada. Lucky numbers: 11, 16, 21, at 40. 

Another Pinay accused of stealing diamond ring

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

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.

‘Abused’ worker breaks contract, wins claim against her employer

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.

Anti-Duterte protest held ahead of SONA

Lestari 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.

 

Ma blasted at the extra-judicial killings

“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

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

ng for allegedly hitting fellow helper Jethelyn Sumagay on the head with a cooking pot more than once during a quarrel on May 22 on the podium of The Belchers residential estate in Sai Ying Pun, Kennedy Town.

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?

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.

Where to settle claims: job agency or Labour Department?

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.

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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

Fake 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.