POLO-Riyadh suspends Saudi recruitment agency; to pursue case for abused
OFW
Urgently acting on a report about an overseas Filipino worker who
suffered physical abuse at the hands of her employer, the Philippine
Embassy in Riyadh, through its Assistance to Nationals Section (ANS) and
the Philippine Overseas Labor Office (POLO), has wasted no time to
immediately pursue necessary action on the case of OFW Pahima Alagasi
Palacasi.
In a report to Labor and Employment Secretary Rosalinda
Dimapilis-Baldoz, Labor Attache to Riyadh Rustico Dela Fuente said the
POLO has summoned the Saudi recruitment agency (SRA) that recruited
Palacasi and promptly placed it on documentary suspension, which
prevents it from recruiting any more workers from the Philippines.
"Ambassador Ezzedin Tago had given instructions to ANS and the POLO to
jointly look into the case of OFW Palacasi, a 23-year old female
household service worker from Malapaan, Pikit, Cotabato, after photos of
her wounds went viral in social media over the weekend," said Dela
Fuente in his report.
"OFW Palacasi is determined to file a case against the employer. The
Embassy and the POLO will assist her," he added.
Secretary Baldoz immediately instructed the Overseas Workers Welfare
Administration (OWWA), Philippine Overseas Employment Administration
(POEA), and the National Reintegration Center for OFWs to coordinate
with the POLO in looking into this case and assist the OFW and her
family.
"Even if Palacasi is not an OWWA member, she can avail of a livelihood
assistance under the Balik-Pinay, Balik-Hanapbuhay when and if she
decides to come home," explained Baldoz.
The Balik-Pinay, Balik-Hanapbuhayis one of the income augmentation
components of the National Reintegration Program for OFWs that provides
economic opportunities through skills training and livelihood starter
kits.
According to Dela Fuente, OFW Palacasi arrived in Riyadh last March
2014. She was deployed by A-M Philippine Professional Services
Corporation, a Philippine recruitment agency, to its SRA, Al Motkasess
Recruitment Office.
A few days after she arrived at the house of her employer, whom Palacasi
identified as Adil Akmad Badjuid, she complained of homesickness and
constantly cried. She alleged she was constantly kicked and lashed by
her male employer. Because of her homesickness, her employer brought her
back to the SRA. She did not report her alleged maltreatment to the SRA
for fear of further complicating her situation.
When she came back from the SRA, she was transferred to the house of her
employer’s mother because the wife of her employer refused to accept
her.
At about 12:00 P.M. on 4 May 2014, her sponsor's mother poured boiled
water over Palacasi due to a simple misunderstanding--her sponsor’s
mother didn't speak English. As a result, OFW Palacasi was taken to a
hospital for treatment of the wounds she sustained. She returned home
same day.
Over the ensuing days, she was brought back to the same hospital for
care and redressing of the wound. She was able to escape from the
hospital on 11 May and went to the house of her cousin. On the 13th of
May, the employer reported to the SRA that OFW Palacasi ran away while
undergoing treatment.
It was on the 17th when the cousin posted photos of her scalded wounds
on the social networking site, Facebook.
By morning of 18 May, after receiving instructions from Ambassador
Ezzedin Tago, personnel from the Philippine Embassy ANS fetched OFW
Palacasi from the residence of her relative and brought her to the
Shumaisy Hospital for fresh dressing for her wounds and for medication.
After clearance from the hospital, OFW Palacasi was provided counselling
by the Social Welfare Attache from the Department of Social Welfare and
Development (DSWD) and was taken to the Bahay Kalinga, where she is
currently staying.
“She is stable, in high spirits, and is relating well with fellow OFWs
at the Bahay Kalinga. She would be calling her relatives tomorrow,”
Labatt Dela Fuented stated in his report.
Baldoz assured that the DOLE will monitor the case and will ensure that
OFW Palacasi’s welfare is taken care of.
End/rhev
Thursday, June 19, 2014
Visa-free soon? Japan eases visa requirements for Pinoys
Saying it is an initial step for a possible visa-free policy, the Japanese government will implement "substantial" relaxation of visa requirements for nationals of Indonesia, Philippines, and Vietnam.
The Japanese Ministry of Foreign Affairs (MOFA) announced this on Tuesday following a meeting of the Ministerial Council on the promotion of Japan as a tourism-oriented country.
The Japanese Embassy in Manila made the same announcement.
The MOFA said the move is an initial step for the exemption of visa requirements as promptly as possible for nationals of the three Southeast Asian countries.
"For nationals of the Philippines and Viet Nam, multiple-entry visa requirements will be substantially relaxed, and requirements for single-entry tourism visas will be relaxed to a quasi-exemption-equivalent level when applied via specified travel agencies. These measures will also be applicable for nationals of Indonesia in addition to the above," the MOFA said.
It added, however, that the details of the relaxation of visa requirements including the beginning date of application are still under consideration.
The MOFA said the measures aim to promote Japan as a tourism-oriented country with the even higher goal of attracting 20 million foreign visitors.
The objectives of the measures are also to contribute to growth strategies and the promotion of people-to-people exchanges.
Kyodo News reported in April that the Japanese government and the ruling political coalition are "making arrangements" to lift the visa requirement for Filipinos.
The report said the proposed initiative that seeks to attract more tourists from Southeast Asia is part of the revised action plan due this June.
The Japanese Ministry of Foreign Affairs (MOFA) announced this on Tuesday following a meeting of the Ministerial Council on the promotion of Japan as a tourism-oriented country.
The Japanese Embassy in Manila made the same announcement.
The MOFA said the move is an initial step for the exemption of visa requirements as promptly as possible for nationals of the three Southeast Asian countries.
"For nationals of the Philippines and Viet Nam, multiple-entry visa requirements will be substantially relaxed, and requirements for single-entry tourism visas will be relaxed to a quasi-exemption-equivalent level when applied via specified travel agencies. These measures will also be applicable for nationals of Indonesia in addition to the above," the MOFA said.
It added, however, that the details of the relaxation of visa requirements including the beginning date of application are still under consideration.
The MOFA said the measures aim to promote Japan as a tourism-oriented country with the even higher goal of attracting 20 million foreign visitors.
The objectives of the measures are also to contribute to growth strategies and the promotion of people-to-people exchanges.
Kyodo News reported in April that the Japanese government and the ruling political coalition are "making arrangements" to lift the visa requirement for Filipinos.
The report said the proposed initiative that seeks to attract more tourists from Southeast Asia is part of the revised action plan due this June.
Tuesday, June 17, 2014
Overseas Bicolano workers (OBWs) rectify work status in Saudi in 2013
Some 196, 633 overseas Filipino workers (OFWs)—possibly including 11, 342 Bicolanos—were able to rectify their work status in the Kingdom of Saudi Arabia (KSA), according to the Department of Labor and Employment.
Secretary of Labor and Employment Rosalinda Dimapilis-Baldoz in a statement expressed elation after receiving the report and expressedher gratitude to the Saudi
government and employers for their continuous support for the Filipino workers.
“It looked like a difficult task at first,” Baldoz said, referring to the campaign initiated by the Philippine government to convince its workers in Saudi Arabia to comply with the Saudization law. “But we were able to accomplish the feat. In the end, the correction of stay will be very beneficial for them,” she added.
Citing Labatt Rustico Dela Fuente’s report, the labor chief said that during the seven-month period, from April 6 to November 3, 2013, of the 2013 Saudi Amnesty Program, 104, 364 OFWs in the Kingdom were able to successfully correct their work categories. Baldoz said the actual professions of the 104, 364 OFWs are now properly indicated in their ‘iqama’ or work permits, thus, ensuring their continued employment, welfare, and wellbeing.
The report said another 53, 330 OFWs were legally transferred for employment under the sponsorship of new employers while 38, 939 left the Kingdom voluntarily on final exit at the expense of their employers/sponsors. They are entitled to re-enter KSA on future employment except for those with derogatory records.
Furthermore, Baldoz said that during the amnesty period and the implementation of the policy on foreign workers on November 4 to December 31, 2013, a total of 5, 094 OFWs were repatriated to the Philippines. Of this figure, 2, 984 came from Jeddah and the Western Region; 1, 936 from Riyadh and the Central Region; and 174 from Al-Khobar and the Eastern Region, with the assistance of the Philippine government.
However, POLO-Riyadh informed Secretary Baldoz that there is still an estimated 450 to 500 OFWs in the Central Region Area seeking repatriation.
“These OFWs are those who were not able to complete the correction process and are living out of the POLO or Embassy premises and are listed on-call as to when their cases are due for processing at the Jawazat,” the report states.
Moreover, there are 170 females and 15 children currently staying at the Bahay-Kalinga and 143 males at the Exit 8 Esteraha, which are both supervised by POLO-Riyadh.
POLO-Jeddah reported that 47 females are staying at the POLO Filipino Workers Resource Center; 68 OFWs in the Consulate’s temporary shelter in Bawadi; 500 OFWs and children camping at the makeshift tents near the Consulate; and 48 OFWs and 37 children at the Saudi General Service Center.
In Al Khobar, 9 females are staying at the POLO shelter, while 7 females are staying at the Saudi Social Welfare Agency.
“As of January 2, 2014, Saudi authorities continue to inspect establishments, but we have no report of any Filipino involved. It is very unlikely that Filipinos and employers provide shelter or take in OFWs on part-time employment for fear of being caught by authorities. There has also been a general increase in the number of request for assistance in a variety of cases and three times the number of OFWs seeking shelter,” dela Fuente said in his report.
On the other hand, POLO-Jeddah reported there were no raids against Filipinos in the said region for the past three weeks. In addition, there was no influx of additional runaway Filipino workers, nor any unusual increase in the number of female runaway workers admitted at the FWRC.
Meanwhile, Secretary Baldoz welcomed reports that a two-month grace period was given by the KSA authorities to foreign workers who were not able to correct their legal status during the seven-month amnesty period to complete the rectification procedures at the Jawazat or the Passport Department. A report published at the Arab News website on January 3, 2014 said Saudi Interior Minister Prince Muhammad bin Naif had ordered the completion of correction procedures of expatriates whose papers were being processed by the Labor Ministry during the amnesty, before March 1.
“We would like to extend our gratitude to the employers and sponsors of the OFWs in Saudi for helping facilitate the correction of their work status and to the Saudi government for their continued support to the overseas Filipino workers,” Baldoz said.
“We are off to a renewed bid in terms of legal and proper OFW deployment to Saudi Arabia and we are hoping that we could do the same with the other OFW-destination countries. It is our objective to be able to afford stronger and better protection for the OFWs wherever they are and we can only do that if we know where they are, what they are doing, and they were able to pass the legal deployment process,” she added.
POEA imposes OFW ban in Iraq
The Philippine Overseas Employment Administration (POEA) yesterday
imposed a ban on the deployment of Filipino workers to Iraq due to the
deteriorating security situation in the Arab country.
POEA administrator Hans Leo Cacdac said the ban “is in line with crisis alert level three imposed by the Department of Foreign Affairs (DFA).”
Crisis alert level three entails voluntary repatriation, with the Philippine government shouldering the cost of repatriation.
The DFA raised crisis alert level three for most parts of Iraq, except the Kurdistan region which remains relatively calm and stable. Kurdistan is still under alert level 1 or precautionary phase.
The jihadist group Islamic State of Iraq and the Levant has seized a large swathe of northern Iraq, including the second city of Mosul, and has threatened to advance toward Baghdad.
There are around 500 Filipino workers in Iraq, mostly working in United States military facilities in Baghdad.
The United Nations has expressed “extreme alarm” at reports of summary executions, extrajudicial killings and displacement of half a million people, many of whom are now in urgent need of shelter.
UN High Commissioner for Human Rights Navi Pillay said reports suggest the number of people killed in recent days may run into the hundreds and the number of wounded is approaching 1,000.
With the worsening security situation, the DFA urged Filipinos in Iraq “to return to the Philippines at government expense.”
The POEA also reminded recruitment agencies and employers that it is their primary responsibility to repatriate Filipino workers, especially since recruiters are covered by compulsory repatriation insurance.
The DFA is sending a rapid response team to Iraq to assist in the voluntary repatriation of Filipinos. The department also continues to closely monitor the political and security developments in the Arab country.
Travel exemptions
Meanwhile, travel exemptions for Filipino workers returning to Libya have been approved, but crisis alert level three remains in effect for that country.
The DFA, in consultation with the Department of Labor and Employment (DOLE), POEA and Overseas Workers Welfare Administration, approved travel exemptions for several Filipino workers who have existing and valid contracts with their employers in Libya.
Filipino workers allowed to return to Libya are household service staff employed by diplomats in foreign embassies; those employed by the UN and other international organizations in Libya; those working offshore in oil rig platforms provided that they will not pass through mainland Libya nor spend their vacation there; those working for multinational companies, government hospitals and schools and the Libyan National Oil Co.; and Filipinos who are married to Libyans.
“These overseas Filipino workers will also need to secure a letter from their employers guaranteeing their safety, security and repatriation in case the situation in Libya deteriorates and imminent danger to their lives and well-being is present,” the DFA said.
The DOLE and POEA will announce the implementation date and issue the guidelines so the Filipino workers can avail themselves of these exemptions.
POEA administrator Hans Leo Cacdac said the ban “is in line with crisis alert level three imposed by the Department of Foreign Affairs (DFA).”
Crisis alert level three entails voluntary repatriation, with the Philippine government shouldering the cost of repatriation.
The DFA raised crisis alert level three for most parts of Iraq, except the Kurdistan region which remains relatively calm and stable. Kurdistan is still under alert level 1 or precautionary phase.
The jihadist group Islamic State of Iraq and the Levant has seized a large swathe of northern Iraq, including the second city of Mosul, and has threatened to advance toward Baghdad.
There are around 500 Filipino workers in Iraq, mostly working in United States military facilities in Baghdad.
The United Nations has expressed “extreme alarm” at reports of summary executions, extrajudicial killings and displacement of half a million people, many of whom are now in urgent need of shelter.
UN High Commissioner for Human Rights Navi Pillay said reports suggest the number of people killed in recent days may run into the hundreds and the number of wounded is approaching 1,000.
With the worsening security situation, the DFA urged Filipinos in Iraq “to return to the Philippines at government expense.”
The POEA also reminded recruitment agencies and employers that it is their primary responsibility to repatriate Filipino workers, especially since recruiters are covered by compulsory repatriation insurance.
The DFA is sending a rapid response team to Iraq to assist in the voluntary repatriation of Filipinos. The department also continues to closely monitor the political and security developments in the Arab country.
Travel exemptions
Meanwhile, travel exemptions for Filipino workers returning to Libya have been approved, but crisis alert level three remains in effect for that country.
The DFA, in consultation with the Department of Labor and Employment (DOLE), POEA and Overseas Workers Welfare Administration, approved travel exemptions for several Filipino workers who have existing and valid contracts with their employers in Libya.
Filipino workers allowed to return to Libya are household service staff employed by diplomats in foreign embassies; those employed by the UN and other international organizations in Libya; those working offshore in oil rig platforms provided that they will not pass through mainland Libya nor spend their vacation there; those working for multinational companies, government hospitals and schools and the Libyan National Oil Co.; and Filipinos who are married to Libyans.
“These overseas Filipino workers will also need to secure a letter from their employers guaranteeing their safety, security and repatriation in case the situation in Libya deteriorates and imminent danger to their lives and well-being is present,” the DFA said.
The DOLE and POEA will announce the implementation date and issue the guidelines so the Filipino workers can avail themselves of these exemptions.
OWWA-PCSO’s Scholarship Program helps boost country’s S&T
The Overseas Workers Welfare Administration (OWWA) has
been responding to the call of the national government to advance
science and technology in the country through the granting of
educational assistance under the Congressional Migrant Workers
Scholarship Fund (CMWSF) to qualified OFWs and dependents.
Since its launch in 1999, the CMWSF funded by the Philippine Charity Sweepstakes Office (PCSO) already produced 213 graduates most of whom took computer-related courses, Information Technology, Electronics and Communications Engineering, Biochemistry/Chemical Engineering and other highly technical courses in top universities and colleges all over the country.
For school year 2013-2014, 91 OFW dependents shall be granted the scholarship.
Next school year, 101 slots are up for grabs. To qualify, the OFW dependent must be below 21 years old, belonging to the top 20% of the high school graduating class, and with family annual gross income of US4,800 or below.
Application period for CMWSF ends on August 30, 2013. Interested applicants may coordinate with OWWA Regional Welfare Offices all over the country.
Since its launch in 1999, the CMWSF funded by the Philippine Charity Sweepstakes Office (PCSO) already produced 213 graduates most of whom took computer-related courses, Information Technology, Electronics and Communications Engineering, Biochemistry/Chemical Engineering and other highly technical courses in top universities and colleges all over the country.
For school year 2013-2014, 91 OFW dependents shall be granted the scholarship.
Next school year, 101 slots are up for grabs. To qualify, the OFW dependent must be below 21 years old, belonging to the top 20% of the high school graduating class, and with family annual gross income of US4,800 or below.
Application period for CMWSF ends on August 30, 2013. Interested applicants may coordinate with OWWA Regional Welfare Offices all over the country.
OWWA Programs and Services
OWWA is the government welfare institution that protects and promotes
the interest of member-Overseas Filipino Workers. It develops
responsive programs and services for the social protection of its
members.
With a membership fee of US$25.00, an OFW is entitled to the following benefits and services:
With a membership fee of US$25.00, an OFW is entitled to the following benefits and services:
Overseas Employment Scams
Job seekers,
interested in overseas employment that promises high
pay, good benefits, free traveled adventure, should
be aware that there are unscrupulous operators who
have devised elaborate and very convincing scams to
bilk unwitting, and often desperate applicants.
Before getting swept away with promises of exotic job opportunities, make sure you have thoroughly investigated the matter and know the potential risks involved in obtaining overseas employment.
In many instances, law enforcement officials investigating a suspicious firm have found a "fly-by-night" operation. The scam headquarters, with little more than a desk and a telephone, may be based in one state, but operate out of other states, making it more difficult for the officials to track the operation.
Typical overseas job scams, include:
Before getting swept away with promises of exotic job opportunities, make sure you have thoroughly investigated the matter and know the potential risks involved in obtaining overseas employment.
Typical Overseas Employment Scams
Unlike legitimate employment firms that have permanent addresses, many unscrupulous operators run their so-called job placement firms from out-of-state, and may provide only a post office or mail drop address. Although there are legitimate firms with post office or mail drop addresses, job applicants should be aware that this practice, when used by unscrupulous operators, makes it easier for the operators to avoid scrutiny by their clients.In many instances, law enforcement officials investigating a suspicious firm have found a "fly-by-night" operation. The scam headquarters, with little more than a desk and a telephone, may be based in one state, but operate out of other states, making it more difficult for the officials to track the operation.
Typical overseas job scams, include:
-
Firms that charge advance fees. These
operations usually advertise in newspapers and
magazines. The ads most frequently offer
construction jobs, one of the industries hardest
hit by a weak economy. Consumers who call the
number, provided in the ad, are generally told
that there are immediate openings available for
which they are perfectly suited. But to lock in
the job, they are told, they must pay a
placement fee in advance.
These up-front
charges can range from $50 to several thousand
dollars. Firms that charge these advance fees
often are so eager to get the money in their
hands and avoid using the U.S. mail service that
they may send a courier to pick up the deposit,
or require that it be sent via overnight
delivery, at the applicant's expense.
However, more often than not, these firms actually have little, or no, contacts with employers and can offer minimal assistance, despite their service charges.
Job seekers should not be duped by a firm's promise of a refund, if no job or lead materializes. Most of these firms that require payment in advance do not stay around long enough for dissatisfied customers to get their money back.
-
Firms that charge a fee once they provide a job
lead. A disreputable firm may fabricate
job leads, or bring in a third-party to
impersonate a potential employer, in order to
get an applicant's fee.
-
"900" number operators. A "900" number
connected with employment opportunities may
charge a high flat fee, or per-minute rate. In
some instances,"900" number operators may fail
to disclose the cost of each call or, if
printed, display it in fine print. As a result,
callers may not be aware of how much they are
spending. Some unscrupulous operators may even
increase their fees by creating delays while the
caller is on the line.
In one case,
for example, a consumer answered an
advertisement instructing job applicants to call
an"800" toll-free number for more information.
The message on that number directed the caller
to dial a"900" number to find out about job
openings. The"900" number, however, merely
directed the caller to send a stamped,
self-addressed envelope to have a job
application mailed out. The consumer complied;
received only a one-page generic job
application, and was billed $39 for the phone
call.
The FTC now requires, among other things, that operators of "900" numbers provide information on the cost of the call up front. When calling a "900" number, be sure you understand the charges before continuing with the call.
-
Job listing services. There are many
firms that make no promises to place you in a
job. They merely sell a list of job
opportunities, providing little assurance about
the accuracy of the information.
For instance,
the information may be sold via a newsletter
that features photocopied help-wanted ads from
newspapers around the world. Many of the ads may
be months old, soliciting jobs that already have
been filled. In addition, the ads may not have
been verified to ensure that the jobs actually
exist.
Some ads may be from countries with strict quotas that discourage the hiring of foreign citizens. Other publications may promise access to information on job opportunities, but provide nothing more than a listing of employers in various regions.
How to Avoid Employment Scams
Many job seekers have lost money to disreputable advance-fee placement firms. If you decide to use an overseas job placement firm, the best way to avoid being scammed is to learn as much as you can about the operation:-
Ask for references. Request
both names of employers and employees the
company has actually found jobs for. Scam
artists will typically defend their refusal to
provide the information, claiming it is a" trade
secret." Or, they frequently claim that if they
told you where the openings are, you would
circumvent their services. These schemers may
also cite privacy concerns as the reason for
refusing to provide the names of people they
have placed.
-
Check out reliability.
Contact the local Better Business Bureau, as
well as the state's consumer protection agency,
to find out if any complaints have been filed
against the firm.
-
Avoid firms that operate solely via
telephone or mail. Any reputable
placement firm will almost certainly need to
meet you before it can market you effectively to
an employer. Be suspicious of any operation that
claims it can place you with an employer,
without meeting and interviewing you.
Be particularly
wary of firms that operate outside of the state
where they advertise. In many instances,
unscrupulous operators purposefully seek to
distance themselves from their clients in order
to avoid closer scrutiny. If they are ultimately
challenged, the distance complicates an
investigation by law enforcement authorities.
-
Find out how long the employment company
has been in business. Also, ask
what is the firm's present financial condition.
Compare the company, and the services offered,
with other similar firms before you pay a fee.
-
Get all promises in writing.
Before you pay for anything, request and obtain
a written contract that describes the services
the firm intends to provide. Determine whether
the firm is simply going to forward your resume
to a company that publicly advertised a listing,
or if it will actually seek to place you with an
employer. Make sure that any promise you receive
in writing is the same as what was stated in the
initial sales pitch.
-
Research any information the firm provides
to you before you make a commitment.
Make certain the job actually exists before you
pay a firm to "hold" a slot for you, and
definitely before you make plans to relocate.
Some
unfortunate job seekers have been instructed to
meet at a particular place to fly to their new
jobs, only to find no airline tickets, no job,
and often, no more company.
-
Check with the embassy of the country
where the job is supposed to be located.
Make certain that, as a citizen of another
country, you are eligible to work there.
-
Ask if you will be eligible for a refund,
if the leads the firm provides you are
unacceptable, or do not work out for any other
reason. If the firm has a refund
policy, ask for specific written details that
spell out whether you can expect a full refund,
and if there are any time limits for receiving
your refund.
Even if you are
promised a refund in a written agreement, read
the fine print. A disreputable firm may include
"red tape" that protects its interests, not
yours.
For example, one common scam is to include a requirement that job seekers check in regularly with the firm, at their own expense. Clients who unwittingly fail to make the required contact may forfeit their opportunity for a refund. However, they are not told this until they ask for the refund.
If You Are Scammed
If you have been victimized by an employment scam, you can help prevent these types of incidents from recurring by reporting it to the proper law enforcement authorities. They may be able to put the unscrupulous operator out of business and, in extreme cases, fine them heavily or even put them in jail.Tips To Remember
- Be very skeptical of overseas employment opportunities that sound "too good to be true."
- Never send cash in the mail, and be extremely cautious with firms that require a money order. This could indicate that the firm is attempting to avoid a traceable record of its transactions.
- Do not be fooled by official-sounding names. Many scam artists operate under names that sound like those of long-standing, reputable firms.
- Avoid working with firms that require payment in advance.
- Do not give your credit card or bank account number to telephone solicitors.
- Read the contract very carefully. Have an attorney look over any documents you are asked to sign.
- Beware of an agency that is unwilling to give you a written contract.
- Do not hesitate to ask questions. You have a right to know what services to expect and the costs involved.
- Do not make a hasty decision. Instead, take time to weigh all the pros and cons of the situation. Be wary of demands that "you must act now."
- Keep a copy of all agreements you sign, as well as copies of checks you forward to the company.
Modus Operandi of Illegal Recruiters
- Escort Services – Undocumented workers are escorted at the airport or any international exit to evade checkpoints set to check on the documents of workers.
- Tourist–Worker Scheme – Workers leave the country purportedly as tourist but in reality is being deployed as worker abroad.
- Direct Hiring – Workers are hired by foreign employers without the intervention of licensed recruitment agencies and are deployed undocumented and without protection.
Trainee Worker Scheme
– Hired workers
are deployed allegedly not for employment
but for training purposes only and will
return to sending company after training.
Backdoor Points Scheme
– Workers are sent abroad not through
regular exit channels like airports but are
deployed usually through cargo ships.
Tie-Up System
– Unlicensed recruiters with foreign
principals who are usually in the blacklist
use the name and offices of licensed
recruiters in their illegal activity.
Visa
Assistance/Consultancy Scheme
– Firms that offer services including the
pairing of workers with foreign employers
and promising applicants immigrant visas but
are in reality engaged in the recruitment
business.
Blind Ads Scheme
– Workers are enticed to apply and send cash
payments addressed to a Postal Office Box
without the worker having the opportunity to
communicate personally with the recruiter.
How to Avoid Illegal Recruitment
Do not deal with licensed agencies without job orders.
Do not deal with any person who is not an authorized representative of a licensed agency.
Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
Do not pay any placement fee unless you have a valid employment contract and an official receipt.
Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
Do not deal with training centers and travel agencies, which promise overseas employment.
Do not accept a tourist visa.
Do not deal with fixers
What are the penalties for illegal recruitment?
(a) Any person
found guilty of illegal recruitment shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day but not
more than twelve (12) years and a fine not less than two hundred
thousand pesos (P200,000.00) nor more than five hundred thousand
pesos (P500,000.00).
(b)
The penalty of life imprisonment and a fine of not less than five
hundred thousand pesos (P500,000.00) nor more than one million pesos
(P1,000,000.00) shall be imposed if illegal recruitment constitutes
economic sabotage as defined herein.
Provided,
however, that the maximum penalty shall be imposed if the person
illegally recruited is less than eighteen (18) years of age or
committed by a non-licensee or non-holder of authority.
IDENTIFY AN ILLEGAL RECRUITER
Kilalanin
ang illegal recruiter!
Ang illegal
recruiter ay:
-
agad naniningil ng placement fee o anumang kaukulang bayad nang walang resibo
-
nangangako ng madaliang pag-alis patungo sa ibang bansa
-
nagre-require agad ng medical examination o training kahit wala pang malinaw na employer o kontrata
-
nakikipag-transaksiyon sa mga aplikante sa mga pampublikong lugar tulad ng restaurant, mall, atbpa. at hindi sa opisina ng lisensyadong ahensiya
-
bahay-bahay kung mag-recruit ng mga aplikante
-
hndi nagbibigay ng sapat na impormasyon tungkol sa ina-aplayang trabaho
-
nagsasabi na may kausap na direct employer at ang mga aplikante ay di na kailangang dumaan sa POEA
-
nangangako ng mabilis na pag-alis ng aplikante gamit ang tourist o visit visa
-
walang maipakitang employment contract o working visa
-
nagpapakilala na empleyado ng isang lisensyadong recruitment agency ngunit walang maipakitang ID
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nagpapakilala na konektado sa isang travel agency o training center
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nanghihikayat sa mga aplikante na mangalap ng iba pang aplikante upang mapabilis ang pagpapaalis
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walang maibigay na sapat at tamang impormasyon tungkol sa sarili tulad ng buong pangalan o address
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nangangako na ang mga dokumento ay ipapasok sa POEA para mai-process (lalo na sa kaso ng EPS-Korea)
WHAT IS ILLEGAL RECRUITER?
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, nonholder, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to non-existent work, work different from the actual overseas
work, or work with a different employer whether registered or not with the POEA;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or has contacted or is supported by any union or workers’ organization;
(f) To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor
and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement
vacancies, remittance of foreign exchange earnings, separation from jobs,
departures and such other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of
Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing Rules and Regulations;
(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment; (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault; and
(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
REPUBLIC ACT NO. 10022
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