Migrants urge prosecution of employers who order unsafe window-cleaning

 

Galan fell from an 18th floor flat in this residential block

A multi-ethnic group of foreign domestic workers has called on the Hong Kong government to impose criminal sanctions on employers who order their helpers to perform unsafe window-cleaning.

The Asian Migrants Coordinating Body issued the statement a day after Filipina domestic worker Jonalyn Galan fell to her death while cleaning windows from her employer’s 18^th floor flat in Manhattan Hill, Cheung Sha Wan.

In a separate statement, the Mission for Migrant Workers said the prohibition is not followed in many households, citing its own study that showed one out of 10 FDWs who sought their help last year had complained of being ordered to do unsafe window-cleaning.

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While the ban on unsafe window cleaning has been in force since January 2017, deaths continue to happen because employers who caused the violation are not prosecuted, said AMCB.

“The ban is not legally binding and this is endangering the lives of many migrant domestic workers,” said the group.

The prohibition states that employers cannot require their helpers to clean the outside part of windows unless it is located on the ground floor or adjacent to a safe part of a balcony or a common corridor.

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Otherwise, windows can only be cleaned from the outside if they are fitted with a locked grille and no part of the helper’s body extends beyond the ledge except the arms.

The AMCB also lashed out at the head of an employers group, Betty Yung, for making remarks that appeared to shift the blame over the accident on the helper. According to AMCB, Yung said “accidents could still occur when helper forgets the reminders and independently decided to clean windows while their employers are at work.”

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“This is victim-blaming and (what) a bad employer (will) use to hide wrongdoings and escape accountability,” said the AMCB in retaliation.

The Mission, meanwhile, stopped short of calling for the prosecution of errant employers, but urged the government to “seriously investigate” violations of the ban, and to warn employers of “serious consequences” if they commit any such violation.

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The Mission also called on authorities to educate the public, particularly employers, about the dangers of window-cleaning, and to “put an end to victim-blaming.”

At the same time, migrant workers should be reminded of their right to reject orders or requests by their employers to do unsafe window cleaning. This should be done each time an employment contract is submitted to Immigration for approval, said the Mission.

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Philippine officials look into possible employer liability in window-fall death

By The SUN 

Secretary Ople with her HK counterpart, Chris Sun, when he visited Manila early this year

Top Philippine officials have vowed to extend help to the family of 38-year-old Filipina domestic worker Jonalyn Galan who fell to her death in Cheung Sha Wan while cleaning windows yesterday.

Department of Migrant Workers Secretary Susan “Toots” Ople told The SUN she has already told Labor Attache Mel Dizon to help the family of the late overseas Filipino worker (OFW).

“I have directed Labatt Dizon to extend full assistance to the NoK (next of kin)- may sister who works in Macau," said Secretary Ople.

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Galan, who was single and hailed from Quezon province, had worked for her employer for just over a year.

Consul General Raly Tejada also said Galan’s family members have been in touch, and that they are now being assisted by the Consulate.

“We will definitely assist them in claiming all benefits from this incident,” said Congen Tejada, who in an earlier media interview, had expressed anger at why the Filipina was made to do a chore that is clearly prohibited in her work contract.

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Of immediate concern is whether the employer has any criminal liability in the case, if it is proven that the window-cleaning was ordered by him or her.

Another OFW says she's being made to clean this grille-less window from the outside

Police categorically said immediately after the incident that Galan fell while cleaning windows. It appears a window-cleaning solution was found near the window of the 18^th floor flat at Manhattan Hill in Cheung Sha Wan from where she fell.

Although dangerous window cleaning has been prohibited under the standard employment contracts of FDWs since January 2017, months after another Filipina helper fell to her death in similar circumstances, no penalty provision is attached to the ban.

But civil liability in the form of employee compensation looks certain to be due to the worker, as her death happened in the course of work.

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When OFW Rinalyn Duollog fell from a high-rise in Lohas Park in Tseung Kwan O under similar circumstances in August 2016, then Labor Attache Jalilo dela Torre managed to secure an EC payout for her young son, who was her next-of-kin, in the sum of about $376,000.

The minimum payout for an ECC claim resulting from death was raised in 2021 to $473,610 and all workers in Hong Kong, including FDWs, can claim this amount at least.

This comes as at least one other Filipina helper sought The SUN’s help after reading about yesterday’s incident, saying her employer is insisting on her cleaning a high window with no grilles on a daily basis.

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Told about the complaint, Congen Tejada said the concerned Filipina should approach them for help.

The Filipina said that she had worked in Hong Kong for four years previously, and this was the first time she was made to clean windows from the outside.

Their Chinese neighbors were in fact so alarmed by what she was doing yesterday that they shouted at her to stop, saying it was dangerous.

She said at first, “Ano naman po ang magagawa ko e utos?” (What can I do if it was my employer who ordered it?)

She was told that this was not the right attitude to take, as her life was at stake. If her employer ignores her protest she should seek help, either with the Hong Kong Labour Department or the Consulate.

But in no case should she continue doing the prohibited work.

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ATN starts handover of OFW-related concerns to MWO

 

Saret says the initial workload of the MWO staff taking over OFW cases will be tough

Soon, all overseas Filipino workers facing non work-related problems will no longer have to seek help from the assistance to nationals section of the Philippine Consulate General.

This is because the law creating the Department of Migrant Workers (RA 11641) specifically provides that all OFW-related concerns will now have to be dealt with under one roof.

For overseas posts, that will mean all services being integrated under the Migrant Workers’ Office, which replaced the Philippine Overseas Labor Office.

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The transition to the new system started in January this year, and should be completed by February next year, according to ATN head Consul Paulo Saret.

This means OFW issues will be addressed by MWO while ATN will focus on helping all Filipinos who are not migrant workers.

The changes entailed by the creation of DMW also included the transfer of the Department of Social Welfare and Development’s attached office from the PCG to the MWO, with Social Welfare Attaché Remilene Marcelino now working under the supervision of Labor Attache Mel Dizon.

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The Overseas Workers Welfare Administration, however, has not been affected by the changes as it continues to operate as a separate agency with its own funds, though still under the DMW.

Where previously ATN officers were seen accompanying OFWs with court cases to the courts  or visiting confined OFW patients in hospital, since May 2 it has been either Marcelino or MWO officer Joffrey Gido Pagaran doing the rounds.

Saret said Pagaran and Marcelino have been training at ATN since February on duties that they will perform for OFWs when the transition has been completed by the end of the Philippine government’s fiscal year 2023-24.

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That would mean a daunting workload for the MWO as OFWs make up an overwhelming 191,000 of the 211,000 Filipinos working or living in Hong Kong.

The remaining 20,000 are dual citizens, students, and permanent residents whose concerns are far fewer than those of the OFWs. Add to these the handful of tourists, transients, asylum seekers who seek consular intervention when they have a run-in with the law.

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Given this, Saret says MWO does need additional staff to take up all the OFW-related matters currently being handled by ATN. But as the DMW was not included in the budget for this year, it will have to make do with the number at hand for now.   

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Pinay na walang tirahan, dinakip dahil sa kutsilyo

 

Ibinalik sa kulungan si Jocelyn matapos humarap sa West Kowloon court

Isang Pilipinang walang permanenteng tirahan ang humarap sa West Kowloon Court kaninang hapon, Mayo 15, upang basahan ng sakdal na “possession of offensive weapon” o pag-aari ng sandatang nakasasakit.

Ayon sa sakdal, dinakip ng pulis si Jocelyn B. noong Mayo 13 malapit sa Mui Wo Swimming Pool sa 5 Ngan Shek St., Mui Wo, Lantau Island, na may nakasilid na isang 23-sentimentrong kutsilyo na kulay kahoy ang puluhan sa kanyang mga dala-dalang kagamitan.

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Sinabi ng tagausig na noong tanungin siya ng humuling pulis, na kinilala lamang na Police Witness 1 (PW1), kung bakit may dala siyang kutsilyo, sumagot umano si Jocelyn na gagamitin niya iyon laban sa nanggugulo sa kanya.

Hindi tinukoy sa korte kung sino ang nanggugulo sa 38-anyos na Pilipina.

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Ayaw ng tagausig na payagang magpiyansa si Jocelyn dahil umano sa wala itong permanenteng tinutuluyan at inaalam pa kung siya ay isang torture claimant dahil mayroon naman siyang Hong Kong identity card.

Isa pang dahilan ng pagtutol sa tagausig sa piyansa para sa nasasakdal ay ang kanyang intensiyong saktan ang isang tao.

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Nang tanungin ni Acting Principal Magistrate Veronica Heung Shuk-han ang nakatalagang manananggol ni Jocelyn kung mayroong aplikasyon para sa piyansa ang kanyang kliyente ay sumagot ang abogada na may perang $30 ang nasasakdal.

Itinakda ang susunod na pagharap ni Jocelyn sa korte sa Hunyo 26, 2023 sa kahilingan ng tagausig dahil patuloy pa ang imbestigasyong isinasagawa ng pulisya.

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Inutos na ibalik sa kulungan si Jocelyn hanggang sa susunod na pagharap niya sa korte sa Mayo 23 para sa muling pagdinig ng kanyang kahilingan na makapagpiyansa.

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Filipina DH falls while ‘cleaning windows’

 

Dangerous window cleaning by FDHs such as this has been banned since January 2017 (File)

A 38-year-old Filipina domestic worker fell from a flat in Cheung Sha Wan earlier today, and police said it happened while she was cleaning windows.

The police report said staff at the site reported seeing the Filipina lying on a platform in Manhattan Hill at 1 Po Lun Street, Cheung Sha Wan at 11:23am today, May 15.

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Officers who arrived at the scene rushed the victim to Caritas Hospital in a coma, where she was later certified dead.

“After initial investigation, the personnel believed that the subject fell (while) cleaning a unit on the site,” said the police report.

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However, the exact cause of death will still have to be determined after an autopsy.

Under the revised standard employment contract of  FDHs which took effect on Jan 1, 2017, dangerous window-cleaning is strictly prohibited.

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This means, employers cannot require FDHs to clean the outside part of windows unless it is located on the ground floor or adjacent to a safe part of a balcony or a common corridor.

While cleaning, such windows must be fitted with a locked grille and no part of the helper’s body extends beyond the ledge except the arms.

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Both the helper and the employer are obliged to follow this prohibition. In case a helper is terminated for refusing to undertake risky window-cleaning, she may seek the help of the Labour Department for redress.

In cases of death like this one, the helper’s next-of-kin should be entitled to employee compensation, as what happened in the case of Rinnalyn Dulluog whose fall from a Lohas Park high rise in August 2016 sparked calls for a ban on window-cleaning.

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Wife of prominent Phl lawmaker warns about DH's alleged P1-M theft

 

Marivic Delfon's mug shot after her arrest for the theft

The wife of a Philippine lawmaker from the prominent Remulla clan has posted a warning about her former “kasambahay” about having allegedly jumped bail to work as a domestic helper in Hong Kong.

In her post on the Facebook page Hong Kong Moms, Georgia P. Remulla (married to Cavite Rep. Crispin Diego Remulla) said an arrest warrant has already been issued against the maid who stole Php1million worth of jewelry and other items from her two weeks after she had given birth.

Remulla posted a copy of the helper’s passport showing her name as Marivic Casasola Delfon, whose place of birth was Isabela province. Another photo showed a mug shot of Delfon, and another, of the arrest warrant issued against her by a Las Pinas City judge. 

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“For months, she (Delfon) played me and my family and kept telling us other people had taken it- that a ghost was in my house, that I was just forgetful because of my c-section,” said Remulla in her post.

“Then we found out that it was her because she had photos wearing my Fendi bag, and she ended up admitting to me she took my jewellery because she was scared that we would put her to jail (where she’s already been) but my husband and I thought that she was already a seasoned thief so we opted to report everything to the police any way and go through court hearings.”

Remulla, a former HK resident, is married to Rep. Ping Remulla

Remulla, who used to live in Hong Kong herself, said Delfon was ordered arrested after she stopped attending the hearings of the theft case against her. Her Php90,000 bail was consequently forfeited.

After the helper disappeared, Remulla said she found out that Delfon had managed to get a job as a domestic helper abroad, even though there was a hold departure order against her.

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Remulla also alleged that the helper – whose connections appear to have trumped those of her father-in-law, Justice Secretary Crispin "Boying" Remulla - managed to change her name “multiple times in the past and pretends to be a domestic helper to steal from her employers.” 

Delfon’s former employer in Taiwan reportedly reached out to Remulla after seeing one of her posts on social media, and claimed that the Filipina had also stolen from her, for which she was jailed for two years.

After her latest arrest, Delfon managed to post bail after allegedly stealing Php100,000 from her Chinese employer, Remulla claimed.

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The irate employer shared a link to Delfon’s new Facebook account under the name “Muchen Yuze”, where she has posted “reels’” showing her in various poses. One photo she posted on Feb 28 this year shows a night shot of Hong Kong’s Victoria Harbour.

'Muchen Yuze' posted this photo after starting to work in HK

Piqued by the post, several Filipinas working in Hong Kong sent messages to “Muchen Yuze” to ask her if it was true that she had stolen stuff from her former employer in the Philippines and she replied with “hindi naman ganyan ang kuwento” (that’s not the real story) and “wala namang nawala sa kanya” (she didn’t lose anything).

To another , she asked repeatedly, “Paki delete na lang.” (Please just delete the post)

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Remulla, replying to a query in her post, confirmed that all the items stolen had been returned. “We had our driver get them from her. He also testified for us,” she said.

She said she did not know about Delfon’s previous brushes with the law but found out about them on further investigations.

“We found out she changed her name because she was jailed in the past. And we found out it’s her regular doing to steal and lie to her employers.”

She decided to issue a warning on Facebook because she heard Delfon had moved to an employer in Stanley where she now looks after children – “and it’s so unsafe for her to be around kids.”

A few hours after posting her allegations against Delfon, Remulla hid the post in her own Facebook wall, but it can still be searched online as several other people have reposted it.

The SUN has sent a message to Remulla asking for some clarification, and to Delfon to ask if she wanted to dispute her former employer’s claims, but neither has responded so far.

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