Iwas-gusot sana sa check-up kung may konsultasyon

Ni Vir B. Lumicao

Tumalbog ang magandang layunin ng Philippine Overseas Labor Office dito sa Hong Kong na tiyaking nasa mabuting kalusugan ang mga OFW nang umalma ang mga ito dahil sa panganib na maaring idulot ng bagong patakaran sa kanilang mga trabaho.

Tila hindi naisip ni Labor Attache Jalilo dela Torre ang maaaring ibubunga ng kanyang atas sa mga employment agency noong Enero 8 na tiyaking dumaan sa “mandatory pre-employment check-up” ang bawat kasambahay bago sila magsimulang maglingkod sa kanilang amo.

Inatasan ni Labatt Dela Torre ang mga ahensiya na magsumite sa POLO system ng “fit to work certificate” at patunay na may “medical insurance coverage” ang isang katulong kasabay ng pagpuproseso sa kanyang kontrata.

Ayon sa isang atas ng labatt sa mga ahensiya, ang bagong patakaran ay ipatutupad ng kanyang tanggapan simula sa darating na Peb 15.

Subalit binawi rin ni Labatt Dela Torre pagkaraan ng ilang oras ang kontrobersiyal na patakaran dahil umangal agad ang mga katulong nang mabalita ang bagong kalakaran.

Maraming manggagawang nagpadala ng mensahe sa social media ang nagpahayag ng pangamba sa ikatatagal nila sa kanilang mga empleo dahil sa utos ni Labatt Dela Torre.

Nauna rito, labis na nag-alala ang mga kasambahay sa bagong patakaran ng Philippine Overseas Employment Administration na singilin sila ng US$144 o HK$1,200 para sa “OFW Compulsory Insurance” kapag magproseso sila ng kontrata.



Dati-rati, ang mga manggagawang baguhan lang na mangingibang-bayan ang sinisingil ng nabanggit na sapilitang seguro. Ngunit dahil sa atas ng POEA noong Setyembre, nagreklamo ang mga manggagawa dahil pati sila ay maaapektuhan.

Sinabi ng United Filipinos in Hong Kong na nakaamba na rin ang “Mandatory SSS Membership” na itinakda para sa mga kasambahay na Pilipino. Kapag isinama ang sapilitang insurance, aabot sa HK$364 buwan-buwan ang babayaran ng isang OFW.



Itong pinakahuling rekisito ng POLO, ang sapilitang medical check-up, ang ikatlo at pinakahuling dagok sana sa mga kasambahay dito, kung hindi sila umangal kaagad.

“Paano kung idiklara ng duktor na may sakit ako kahit nagagawa ko naman ang aking mga gawain? E di may dahilan ang amo ko na palitan at pauwiin ako,” reklamo ng isang kasambahay sa Tuen Mun.

Umalingawngaw ang kanyang reklamo sa hanay ng mahigit 200,000 Pilipinong kasambahay dito sa Hong Kong, at ang mga progresibong grupo ng mga ito ay nagbabanta ng isang malaking protesta sa Enero 27 laban sa mga dagdag na singilin.



“Bakit sa halip na mabawasan eh dinadagdagan pa ng gobyernong Duterte ang singilin sa atin? Paano na lang ang marami sa ting hindi na mapagkasya ang kinikita? Bakit hindi man lang tayo kinunsulta?” pahayag ng Unifil.

Sa pagkakaintindi namin, pumasok sa isip ni Labatt Dela Torre ang rekisitong magpatingin sa duktor at magsumite ng “fit to work” ang bawat kasambahay dahil sa mga natuklasang mga sakit ng mga OFW na sumailalim sa libreng medical check-up sa POLO, isang serbisyong sinimulan noong Nobyembre.



Ang nagtulak sa libreng pagpapatingin ay ang pag-aalala ng labatt sa sunud-sunod na pagkakasakit o pagpanaw ng ilang OFW rito nitong mga nakalipas na buwan. Hindi lang sumagi sa isip na aalma ang mga nais niyang tulungan dahil sa panganib sa trabaho nila.

Naiwasan sana ang pagkabahala at pagtutol ng mga manggagawa kung kinunsulta muna sila ni Labatt Dela Torre bago niya iniatas ang pagpapatupad sa patakarang iyon.

Kailangan niya ngayong ipaunawa sa mga OFW na para sa kabutihan nila ang patakaran iyon at di inaasahang iyon pala ang dayaming babali sa likod ng kamelyo.

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Pinay convicted of causing traffic accident that injured her

By Vir B. Lumicao

 

The street corner where the accident happened  (Wikipedia photo)

A 46-year-old Filipina was fined $300 by an Eastern Court magistrate on Jan 23 who found her guilty of negligence that caused a passenger bus to hit and injure her in April last year. The traffic accident in Central also injured two female bus passengers.

This was despite Marivic Magno’s claim that the traffic light was still green though blinking, when she crossed Des Voeux Road towards WorldWide House at around 4pm on Apr 6 last year.

Magno, a domestic helper of a Dutch family in Mid-Levels, had disputed the Citybus driver’s claim that the pedestrian light was on red when she dashed across the street.

Driver Roger Chang was the first prosecution witness who gave evidence in the one-day trial before Magistrate Selma Masood.

The prosecution had lined up four witnesses, but only the driver and passerby Yeung Ho-ping were called to give evidence. The second witness, one of the injured passengers, was not available for the trial because she was in hospital.

Defending herself, Magno challenged Yeung’s claim that the “red walking man” pedestrian light was on when the helper crossedthe road.

She said during cross examination that CCTV footages of the accident would bear out her claim that the “green walking man” light was still blinking when she crossed the street.

But Masood agreed with the prosecutor that Section 48 of Hong Kong’s Road Traffic Ordinance provides that a pedestrian violates the law if she crosses the road while the green pedestrian light is blinking.

In any case the magistrate said she was convinced that the helper had crossed the road when the pedestrian light was already red because she was in a hurry to catch the tram to Wanchai, where she was headed for the market.

The magistrate found the accused guilty of the charge of pedestrian negligence that endangered the lives of other people and said she was liable to pay a fine of $500.

But after getting Magno’s personal details and being told that she had a clear record, while the bus driver had two previous traffic convictions, the magistrate reduced the fine to $300 . She also gave the defendant until Jan 30 to pay it.

The Filipina said she was earning $4,500 a month as a domestic helper, and was  supporting her 84-year-old bedridden mother back home.

During trial it emerged that Chang, who has been a bus driver for 28 years with 19 years for Citybus, was driving a Tsuen Wan-bound Bus 930 on Des Voeux Road near Pedder St when he hit Magno on Apr 6 last year.

He said he braked hard but still hit the woman, who suddenly dashed out of a crowd on the left kerb in front of Citibank. He said that at the time the traffic light for cars was green.

The impact threw Magno about two meters from the bus front and broke its left windshield. Two female passengers on the bus were injured, including one who was thrown from her seat due to the impact and had to be hospitalized for some time.

Magno herself suffered a cut in her scalp, concussions on the left side of her head and shoulder, and impaired hearing in her right ear. 

Yeung, giving evidence, told the court he saw Magno looking downward as she tinkered with something in her left hand.

But cross-examining him, Magno asked why he told the police he saw her tinkering with her cellphone and was now telling the court he was unsure what it was.

Despite her vigorous defense, Magno failed to convince the magistrate that she should be acquitted of the charge.

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Immigration says again: FDHs should also replace their HKIDs

Foreign domestic helpers and other migrants working, studying, or residing in Hong Kong with a visa are included in the government’s ongoing territory-wide identity card replacement exercise, the Immigration Department has reiterated.

Samples of the new Smart HKID

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A spokeswoman for Immigration clarified this as the second phase of replacing the HK ID card of people born in 1985 and 1986, kicked off. The replacement exercise started on Dec. 27 last year.

Everyone will be invited to go to any of the nine newly established Smart Identity Card Replacement Centres, or SIDCCs, in phases according to their birth year, to have their HKICs replaced within specified periods, the spokeswoman said. 

She said the SIDCCs are open Mondays to Saturdays, 8am to 10pm, except on public holidays.

She reminded migrants, particularly domestic helpers, of the following: 



1. Holders of existing smart HKIDs born in 1985 or 1986 should apply for a new smart identity card in person at SIDCC by Mar 30; 

2. They may book appointments via the Internet (www.gov.hk/newicbooking), the Immigration mobile application or the 24-hour telephone booking hotline 2121 1234; 

3. They should pre-fill the application form when booking appointments online or through the mobile application for faster registration, and

4. They should bring their existing smart HKIDs and travel documents (or passports) bearing the working visa when they go to the SIDCCs. 

For this exercise, the department is implementing a new “caring arrangement” under which eligible applicants may bring along up to two family members or friends aged 65 or above to replace their smart IDs together during the same visit.



The department said it will announce the arrangements for other age groups in due course. It said if eligible residents are absent from Hong Kong during their call-up period, they can apply within 30 days of their return to the city.

Smart HKIC replacement centers

1. Hong Kong Island Smart Identity Card Replacement Centre	Room 200, 2/F, Shui On Centre, 6-8 Harbour Road, Wan Chai
2. East Kowloon Smart Identity Card Replacement Centre	Unit 1, 2/F, Manulife Financial Centre and Unit 1B, 3/F, Manulife Financial Centre, Tower A, 223-231 Wai Yip Street, Kwun Tong
3. West Kowloon Smart Identity Card Replacement Centre	12/F, Gala Place, 56 Dundas Street, Mong Kok
4. Tsuen Wan Smart Identity Card Replacement Centre	Shop S201, 2/F, Smartland, 50 Texaco Road, Tsuen Wan
5. Sha Tin Smart Identity Card Replacement Centre	Shop G26, G/F and Shop 123, 1/F, Kings Wing Plaza 1, 3 On Kwan Street , Sha Tin
6. Sheung Shui Smart Identity Card Replacement Centre	7/F, Spot, 48 Lung Sum Avenue, Sheung Shui
7. Tuen Mun Smart Identity Card Replacement Centre	Shop L414B, Level 4, Leung King Plaza, Leung King Estate, 31 Tin King Road, Tuen Mun
8. Yuen Long Smart Identity Card Replacement Centre	Shop 50, G/F, Manhattan Plaza, 23 Sai Ching Street, Yuen Long
9. Tseung Kwan O Smart Identity Card Replacement Centre	Shop 20-26, G/F, Corinthia by the Sea, 23 Tong Yin Street, Tseung Kwan O, Sai Kung

DFA agrees to replace pawned passports – but only in Manila

Replacement passports will only be issued by DFA in Manila

By Daisy CL Mandap

Filipino domestic workers in Hong Kong whose passports were seized by police in raids on loan sharks over the past few months may now be able to get replacements, but only if they apply personally at the Department of Foreign Affairs office in Manila.

This was disclosed on Jan. 20 by Consul Paul Saret, head of the Consulate’s assistance to nationals section, when asked about complaints that the Hong Kong applicants had all been  turned away at the DFA.

“Ok na, the DFA has started issuing them new passports last week,” said Consul Saret.

But he added applicants can only secure them by queuing up at the OFW lane of the Office of Consular Affairs (OCA) in the Mall of Asia on Roxas Boulevard.  There, they will be asked to sign a declaration that they will not hock their passport again or risk forfeiting the right to get a new travel document in future.

Consul Paul Saret

Saret said the rule applies even if the OFWs live in far-flung areas in the Philippines.

“We’ll just advise them to fly to Manila first to apply for the passport, then pass by again on their way back to Hong Kong on the date of release.”

Based on a report made to them in one case, Saret said the processing of the replacement passport will take a week. He said the applicant who does not have time to pick it up can ask for courier delivery service, or issue a special power of attorney in favor of the designated representative.

He explained that the confusion arose after the Consulate asked the DFA to decide on whether OFWs who had pawned their passports to secure loans should be issued new ones. But it turned out the DFA didn’t want to act on the applications without a prior go-signal from the Consulate.

The two sides eventually reached agreement that new passports can be issued to the applicants, once they sign an undertaking that they will not pawn their personal documents again.

As a result of this policy, at least five OFWs who had to go back to the Philippines after renewing their contracts had complained about being given the run-around at the DFA.

According to Labor Attache Jalilo dela Torre, the OFWs feared losing their jobs because they didn’t have passports and could not fly back on time to their jobs in Hong Kong.

The workers were issued one-way travel documents by the Consulate so they could process their new work contracts and go home. But going back became a problem.

The Consulate’s tough stance was adopted because of the recurring problem of OFWs losing their passports to loan sharks.

In the most recent case, 300 Philippine passports were seized by the police from a local man in North Point who was found to have lent money to migrant workers at 125% interest, and secured the loans with passports and employment contracts.

Many of the borrowers in these cases would often declare that they simply lost their passports, so the Consulate resorted to requiring them to make an affidavit of loss with the police, before applying for a new one. The idea was to make it more difficult for them to acquire new passports so they would stop using their documents as collaterals for loans.

But when even this failed the Consulate decided to turn away those who lost their document in the police raids, and told them to apply for new passports directly with the DFA in Manila.

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No more mandatory medical checks, but OFWs told to keep eye on health

Labatt dela Torre scraps mandatory health check after consulting Filcom leaders

By The SUN

Labor Attaché Jalilo dela Torre has abandoned a plan to require a mandatory pre-employment check-up of all Filipino domestic workers following a consultation on Jan 20 with community leaders who mostly opposed the idea.

But Labatt dela Torre remains firm in saying a medical check-up is still a must for all workers.

“Sometimes, good intentions are not enough. But the need for medical check-up is still a priority need for our workers,” Labatt Dela Torre said.

“Whether or not imposed as a pre-requirement for verification of contracts, or requiring employers during the course of the contract, the community must find a way to ensure that workers who have unhealthy conditions are given the opportunity to get themselves checked out by a medical professional,” he said in a message to The SUN a day after the meeting.

The labor official issued the controversial advisory to agencies on Jan. 8 imposing the mandatory check-up as an additional requirement for contract processing of all categories of helpers.

But he recalled the advisory within hours of issuing it after hearing about the strong initial opposition by some leaders.

“Because of certain concerns that have been aired, we deemed it best to withdraw the memorandum first and until the consultations review so that we can see whether it can still be done with some refinements or totally withdrawn,” Dela Torre said at the start of the meeting.

About 40 Filcom leaders packed the small conference room of the Philippine Overseas Labor Office in Wanchai where the meeting was held.

Foremost of the fears the Filcom leaders cited was the likelihood that a worker who does not get a “fit to work” certificate would be terminated.

Many employers still allow their helpers to continue working even if they have ailments, but now they can use the mandatory check-up and “fit to work” requirements as an excuse to fire an incumbent worker of reject an applicant, the leaders said.

The leaders said it would be better to require the mandatory check-up “within”, rather than “before” the contract. But they agreed this would be difficult to implement as it would require the amendment of the standard employment contract through legislation.

Eman Villanueva of Unifil-Migrante Hong Kong acknowledged that the advisory was prompted by the labor attaché’s concern about the worrying state of health of workers, but added that the official did not seem to realize that the move could lead to job losses.

“Ang gusto natin kasi, yung medical checkup with the (framework) na kung paano tutulungan ang maysakit,” Villanueva said.

Cynthia Abdon-Tellez of the Mission for Migrant Workers concurred, saying the advisory had the effect of threatening workers’ job security although it was good-intentioned.

Unifil’s chair, Dolores Balladares-Pelaez said many OFWs believe that ailing workers who benefit from free or cheap medical services while working here would certainly lose their jobs if they were to submit themselves to a mandatory health check-up.

Other leaders echoed the fear, and said getting laid off would lead to more woes for the worker as medical care in the Philippines is very expensive.

A cancer patient from the cancer support group Filmcass said that if the mandatory check-up becomes a requirement for contract renewal, the Consulate would effectively be the first to reject them.   

Following the meeting, Labatt Dela Torre said he had already issued another advisory to the agencies officially recalling the Jan 8 order after listening to the community’s concerns.

Labatt's latest advisory permanently canceling the mandatory health checks

He had issued the controversial checkup requirement after seeing disturbing data gathered during the POLO’s Health-Wise free medical check-up program that began last October.

The results showed the average number of OFWs with elevated levels of blood pressure and elevated levels of blood sugar exceeded the national levels in the Philippines.