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HK unrest shows need for workers to learn livelihood skills: Labatt

Posted on 17 June 2019 No comments

By Vir B. Lumicao   
Image may contain: 21 people, including Rowena Cuevas Rosales, people smiling, people standing
The graduates with Labatt dela Torre (in white), with his two deputies flanking him

Filipino domestic workers here should take advantage of free skills and livelihood trainings to prepare them to return home should the political uncertainty in Hong Kong worsen, and put their jobs in jeopardy.

Labor Attaché Jalilo dela Torre gave this advice on Sunday, Jun 16, as he spoke at the graduation of 52 massage therapy trainees at the Philippine Overseas Labor Office in Wanchai.

The graduates made up the 10th batch of the 10-week training course offered by the POLO and the Overseas Workers Welfare Administration.

Labatt Dela Torre, who was sweating and panting as he arrived from a Health-Wise mission outreach in Yuen Long, apologized for his delayed arrival for the graduation rites, where he was the guest speaker.
He spoke of how he had a hard time returning to the city by bus and train because of the heavy volume of black-shirted passengers going to Admiralty to join the anti-extradition protest.

He said at Admiralty, he had to find his way out of the station because all the exits were clogged with people, as was the platform for the line towards Wanchai.  In the end, he said, he had to exit in Admiralty by all means.

Labatt Dela Torre said the past few days’ protest action against the extradition bill being pushed by the Carrie Lam administration shows OFWs the importance of preparing for any eventuality.
He explained that the proposed legislation, if passed as scheduled last Jun 12, would have made it possible for Hong Kong to send accused people to places where it does not have an extradition treaty, such as Taiwan, Macau, and especially, China.

He asked the workers if they thought they would be affected by the proposed amendment to the law, and they answered “yes” in unison.

“This points to the fragility of our stay here in Hong Kong. So, the more empowered you are to return to the Philippines with skills like massage therapy, the better for all of us, di ba?” Dela Torre said.

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“Kasi hindi natin alam, eh. Who would have guessed na ganito ang mangyayari sa…ang bilis ha! Kailan nag-umpisa? Last Sunday, and then Wednesday, then ngayon. Talagang ang bilis ng mga pangyayari,” he said.

He said things seemed to have cooled because the government had backpedaled and suspended the hearing on the extradition bill indefinitely. But he warned that when the protests had died down, the government could push the bill again and “maaapektuhan na naman ang mga trabaho natin”.

He congratulated the graduates, many of whom, he said, were already raring to go home. He said he hope they could put to good use the skills that they learned.

Image may contain: 5 people, including Jalilo Dela Torre, people smiling, people standing
Labatt congratulating a graduate

Labatt Dela Torre reminded them of a standing offer from Nuat Thai, a massage therapy company founded by an OFW, that offers its franchise free of charge to every group of 10 OFWs who could to put up an outlet of the company.   

He also advised them to prepare for the certification assessment by the Technical Education and Skills Development Authority in December this year.

Sana ay sa pagdating uli ng Tesda ay nandito pa kayo at maipasa ninyo ang NCII,” he said.

Also addressing the graduates were assistant labor attaches Antonio Villafuerte and Angelica Sunga, who both urged the workers to take advantage of the POLO’s skills training programs.

“Maganda ang ginagawa ninyo na ganyan na kung hindi kayo busy sa inyong mga gawain…tingnan ninyo yung mga programang ibinibigay ng opisina para magagamit ninyo pag-uwi ninyo sa Pilipinas,” Villafuerte said.
  
Sunga, for her part, praised the graduates for their initiative to learn new skills instead of playing cards elsewhere on their days off.

“Mabuti iyan para pag-uwi ninyo sa Pilipinas magkaroon kayo ng ibang options. Sana pag-uwi nyo ay magtayo kayo ng sarili ninyong spa tulad ng iba,” she said.
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Parangal kay Itay sa simbahan

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Image may contain: 11 people, people smiling, people standing
Ang mga tatay na pinarangalan
Isang sorpresang pagbati at pag-aalay ng munting regalo para sa mga tatay ang isinagawa sa RiverGrace International Evangelical Church sa United Christian College sa Shek Kip Mei noong Linggo, Jun 16, tanda ng pagdiriwang ng Father’s Day. Napasaya ang ilang tatay mula sa iba-ibang lahi nang tawagin sila sa harap ni Pastor Cynthia Aufrance at alayan sila ng regalo na LED flashlight.
Image may contain: 3 people, people smiling, people standing
Tuwang-tuwa si George sa kanyang munting regalo

Kabilang sa mga pinarangalan si George Manalansan, isang Pilipinong driver na nandoon para tumulong makipag-usap para sa napipintong pagbibigay ng outreach financial literacy ng kanyang grupong Card HK Foundation.

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Para kay George, mas naging espesyal ang pagdiriwang dahil sa sermon ni Pastor AuFrance tungkol sa mga ama na may pamagat na “Making of a Man.” Dito ay tinalakay daw ng pastora ang tungkol sa pinanggalingan, pag-uugali, naging pag-aalinlangan, sampu ng mga tagumpay ng ilang mahahalagang lalaki sa Bibliya katulad nina Abraham, Peter, John, Job at Samsom.
Natapos ang pagdiriwang sa isang masaganang salo-salo sa tanghalian na inihanda ng mga Pilipinang miyembro ng simbahan.

Lubos na napahanga si George sa  nakitang samahan ng mga miyembro ng simbahan dahil lahat daw sila ay nagtulungan sa paghahain, pagliligpit at pati paghuhugas ng pinagkainan.

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“Parang tunay silang magkaka-pamilya doon,” ang sabi ni George.
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I-TRY MO ITO, KATRIBO!
Mas madali nang tawagan ang mga advertiser natin dito. Pindutin lang ang kanilang ad at lalabas ang automatic dialer. Isa pang pindot ay matatawagan mo ang advertiser na hindi na kailangang i-dial ang numero nila. I-try mo!



Pinay freed after being sentenced for theft to time served in jail

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By Vir B. Lumicao

Eastern Magistrate imposed the 'short' sentence after defendant's family paid back all the money that was stolen

A young single mother who admitted stealing nearly $29,000 in customers’ fees at a fitness center in Wanchai walked free today, Jun 17, after an Eastern Court magistrate sentenced her to 20 days in jail.

But as she had already been detained for a total of 21 days, defendant S.M.G. was set free.

Her sentence was imposed after her family completed paying back the money that she had stolen, and because she showed remorse for what she had done.
“Defendant, I have considered the facts of your case. I believe you are very remorseful and I impose a short custodial sentence,” said Magistrate Veronica Heung after listening to the mitigation by the defense lawyer.

S.M.G., a 31-year-old mother to a young girl, was sentenced to 20 days in jail for each of two counts of theft, to be served concurrently.

Her parents and three siblings wept openly outside the courtroom when the sentencing was over. They hugged each other, as well as the defense counsel and the female owner of a bookshop chain, to thank them for their support.
S.M.G. pleaded guilty on May 28 to two counts of theft for pocketing cash totaling $28,737.75 that she had been asked to deposit in the bank account of Fitness First on two occasions in November last year.

At the time of the offenses, she was employed as a clerk at the gym in Tower 535 on Jaffe Road. The manager found out later that the money was not deposited.

When confronted, she agreed to repay the company but managed to return only $6,000. On Apr 18 this year, she was arrested at the Hong Kong International Airport



The defense counsel said today her relatives were ready to pay back another $4,000 to fully reimburse what S.M.G. had stolen. He said $24,737 had already been repaid.

Heung ordered a break to allow the relatives to make the payment.

The defense counsel begged leniency for his client, saying she was born in Hong Kong where she also studied. She got to third year of a four-year university course but dropped out when she got pregnant and became a single mom.

The lawyer said S.M.G. took out a $10,000 loan from a finance company. But, as she was sending money to her family back home and supporting her baby, she could hardly repay the loan until she took the company’s money and got fired.

The defendant got a job with American Club but did not disclose her case, until the employer found out about it and dismissed her.
S.M.G. finally found a job as clerk in Bookazine and proved herself to be an asset and a benefit to the company, often working overtime, the lawyer said.

When the employer learned about S.M.G.’s case, she gave her support by attending the hearing and promising in a letter to the court that the company is still open to hiring her.


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I-TRY MO ITO, KATRIBO!
Mas madali nang tawagan ang mga advertiser natin dito. Pindutin lang ang kanilang ad at lalabas ang automatic dialer. Isa pang pindot ay matatawagan mo ang advertiser na hindi na kailangang i-dial ang numero nila. I-try mo!



Termination of contract while on leave

Posted on 16 June 2019 No comments

By Cynthia Tellez

Our topic for this issue is prompted by cases that are getting quite common, of migrant domestic workers’ contract being terminated by the employer while the worker is in the Philippines on vacation or an emergency leave. The workers have prior permission to leave, often for a holiday or to attend the funeral of their next of kin, or to attend to someone in the family who is in a serious condition. In other words, they were away for legitimate reasons and were permitted by their employers to take the vacation or the emergency leave.

But while away, the workers receive a termination letter stating that they cannot come back to Hong Kong anymore because their employers had terminated their contracts, and had informed the Immigration Department about it. These inconsiderate, sometimes vindictive employers, refuse to realize the compounded problems they have given their workers.
Distressed, suddenly unemployed, confronted with medical bills and more, the domestic worker may not know what to do.

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Let us clarify the issue and suggest some steps to take.

First, know that conditions regarding termination are very clear in the Standard Employment Contract. Clause number 10 says that whoever wants to terminate the contract must issue a one-month-notice of termination or pay an equivalent of a month’s salary of the domestic worker. This, apart from other claims such as annual leave pay (if one had worked for at least three months), arrears of wages and others as per the employment contract. There are some steps that can be followed to claim for one’s entitlements.

So, if the employer did not follow the provisions in terminating the contract, the domestic worker definitely has the right to claim for a month’s salary in lieu of notice and other termination payments.

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But because the worker is not in Hong Kong to file the claims let us look at the different options:

If you still have a valid ticket to Hong Kong, you can come back. Even if the contract has been terminated by your employer, as a Filipino passport holder, you should be allowed to enter Hong Kong for 14 days with such permission (visa) given upon arrival.

But because the employer may have informed Immigration about the termination of the contract, the immigration officer will see this in their record.  Do not be intimidated. Do not panic. You have not committed any offence. The officer may try hard to send you back home, but you can insist that your coming back is because your employer had violated your employment contract and you want to file a claim at the Labour Department. If still prevented by the officer, insist that you want to talk to their superior to explain the situation.



Remember, you are just insisting on implementing the Labour Ordinance (Law) of Hong Kong and that the employer is the one who violated that law. You will in fact act as a claimant based on your contract of employment and as a witness if ever the Labour Department files a case against the employer for breaching or breaking the contract. “An employer who willfully and without reasonable excuse fails to pay termination payments when they become due is liable to prosecution…”

There are also cases where the domestic worker does not know of the termination because she/he was not informed at all. She learns about it only upon arrival in Hong Kong, from the Immigration officer. But as you must have a copy of your employment contract, show the officer Clause No. 10 which states the conditions for terminating the contract. Tell the officer that you will file your claims at the Labour Department because of the contract violation of your employer. Be insistent because you are not the one at fault, but your employer. They cannot charge you for stubbornly insisting on your right.

If you were allowed to enter Hong Kong, then you can file the necessary claims due you. It would be better if the Mission’s assistance is sought to accurately know the items to claim based on the contract, along with the computation, before filing your case at the Labour Department.

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If the situation is such that one has no means to come back to Hong Kong, there is still a strong possibility of getting your claims. As per Philippine government policy, a domestic worker is deployed to Hong Kong through a recruitment agency. In this case, you can file claims against the agency at the POEA. The agency will be made to answer for the violation of your work contract by your employer. The agency will be held liable to ensure that the employer abides by the contract, by filing the following claims:
i. All contractual obligations of the employer.
ii. There being an unlawful termination, you can also claim at the POEA compensation equivalent to the remaining period of the employment contract (RA10022 revised RA 8042 or the Migrants Act of 1995).
iii. If uncertain, you may send a message to the Facebook page of the Mission For Migrant    Workers, explaining your problem for referral to a service provider in the Philippines to assist you in your claims. We can find other possibilities in addressing this, collaborating with other migrant-serving institutions; and,
iv. Last, but not the least, if you paid placement fees in the Philippine-based agency, you may also include in your claims at POEA the illegal fees you were made to pay. This also needs detailed background story.

Since December 2006, all Philippine passport holders leaving the country for household service work overseas are not supposed to pay any agency fees. A violation of this may fall under Illegal Recruitment Act.

Should all these fail at POEA, file the claims at the National Labor Relations Commission (NLRC) of the Philippine Labor Department. This is where a Philippine-based service provider and pro bono lawyer are most needed.

If there are other questions concerning this topic, please call the Mission at 2522-8264.

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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. 2522 8264.
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