8 THE REPUBLIC
by Rosalinda G. Roxas
One often used to read in the papers about the sad plight of Filipino contract workers overseas. Low pay. Substandard living conditions. The absence of bene- fits. Even being stranded in a foreign country without money or a job. Usual- ly these workers were victims of illegal recruiters peddling false hopes to thou- sands of over-eager applicants.
Illegal recruiters were rampant in past years, despite an intensive drive waged by the Department of Labor (DOL) against them. (Under the labor code they are liable for stiff penalties if found guilty.) However, with the creation of the Overseas Employment Development Board (OEDB). illegal recruitment in the Philippines has dropped considerably.
The OEDB’s main function is to un- dertake a systematic program for over- seas employment of Filipino workers (other than seamen) and to protect their rights to equitable employment.
There are two kinds of overseas workers: the contract worker, who works only for specified periods and then re- turns to his home country ; and the mi- grant worker, who seeks permanent resi- dence and work status in a foreign coun- try. OEDB prefers the temporary form of migration, with the intention of see- ing the future reabsorption of workers in the national economy. Through its systematic operations, the OEDB annual- ly provides at least 30,000 new jobs for Filipinos.
To apply for overseas employment, the applicant must register with one of the 48 Public Employment Offices (PEO) located all over the country. These PEO’s are not governed by the OEDB but are part of the Bureau of Employment Serv- ice (BES). an agency under DOL. - —
When OEDB receives a job order for manpower, it informs the BES which in turn signals the PEO’s to forward applica- tions that fit the hiring requirements. Or the OEDB may conduct open registra- tion by itself if certain types of workers or skills are not available at PEO man- power banks. Applicants are pre-screened
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OEDB: protector of overseas workers.
by the OEDB. Applicants who pass OEDB’s scrutiny are then referred to the foreign employer or his repre- sentative for final selection.
Accepted applicants undergo medi- cal examinations. Those medically unfit are automatically disqualified. For suc- cessful applicants, employment con- tracts are prepared at the OEDB, faci- litated by the Board’s legal staff.
The OEDB does not issue employ- ment contracts clearances unless two conditions are met: first, their contracts must be attested by Philippine Labor Attaches or appropriate Philippine Em- bassy or Consulate officials in the place of employment; second, these contracts should contain basic Philippine labor and social legislative provisions or prac- tices, including but not limited to: free transportation.from the Philippines to the worksite and back again at the ter- mination of employment; regular work hours; overtime pay; free emergency med- ical and dental services and facilities;
workmen’s compensation coverage; and, whenever applicable, war hazards pro- tection; free transportation of remains and personal properties in case of death,
Poor litigant workers now have a chance to win over influential employers.
Death and disability claims, separa- tion pay, overtime pay and holiday pay claims are being won by dismissed or dis- gruntled workers like Luzviminda Sayo, Ramon Resuello and Manuel Lariosa.
Luzviminda Sayo, widow, was awarded Pl7,500 in a claim for death and contractual benefits of her deceased seaman husband. Ramon Resuello con- tested his dismissal from a bank and col- lected P13,526 in back wages. Manuel Lariosa, shipping company worker, sought payment of claims for overtime pay, holiday pay and night differential.
He received Pl,999 in settlement.
All three were indigent litigants who could not afford full-fledged law- yers. They turned to a group of bright young law students who gave them free legal services.
These law students belong to the Department of Labor’s Free Legal As- sistance Office (FLAO), set up by Sec- retary Blas F. Ople to aid poor worker litigants who have legitimate claims against their employers but who cannot afford to hire a lawyer in the settlement of their claims. All law seniors and top- notchers in their respective classes, members of FLAO have demonstrated their talent in paper work and practice.
They come from schools like Far Eastern University, Ateneo de Manila University, San Beda College, Manuel L. Quezon University, the University of Manila and
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Helping workers with legal battles is FI.AC
Legal aid fo
the University of the East. Their clien- tele comes all the way from Agusan del Sur in Mindanao, Sorsogon in the Bicol Region and Tarlac in Central Luzon.
FLAO provides not only legal coun- sel but also other such services as xerox copies of evidentiary documents, free notarization and transportation service (in certain cases), preparation of posi- tion papers, affidavits, motions for exe- cution of judgment, petitions for certifi- cation of election, certification of past
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Protection Package
A protection system shielding workers from harassment in a foreign environment is the Board's first concern. OEDB con- ducts research on labor laws, and social practices in manpower-importing countries.
These studies contribute to sharpened negotiating strength and assure the OEDB that overseas workers are protected by both Philippines and foreign labor laws.
In compliance with Presidential Letter of Instruction No. 537 creating the DOL Welfare Training Fund for overseas work- ers. a Welfare Services Unit (WSU) was created to provide welfare and social ser- vices to workers placed through the Board.
Tire program mapped out insurance cover- age, social work assistance, re-entry prep- aration of workers, cultural services and salary remittance services.
Welfare services include life and travel insurance policies. Life insurance for each placed worker is P5,000, and the contract is for a one-year period from the date of employment. The travel plan insures him against any risk during the first seven days after departure and provides a coverage of P50,000 in case of death and P5,000 for injuries sustained in an accident.
As further protection for workers the OEDB investigates the employers’ financial status. Employers are asked to submit a copy of their license to do business, clear- ance from the host government for the recruitment of Filipinos, financial state- ments for the last three years and duly certified articles of incorporation.
In its three years of operation. OEDB has serviced 1,247 foreign employers whose manpower requirements ranged from one domestic helper to hundreds of construc- tion workers. The concentration of these employers is in the Middle East with 57 percent. Asia is second with 20 percent and Europe third with 6.5 percent
New markets are opening for expatriate labor in the Middle East and Africa. Their manpower are so staggering that no single country can endeavor to fill. Aggregate spending schedules in Iran and Saudi Arabia alone call for S243 billion through 1980 for the infrastructure and service projects.
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or, if transport of the remains is not pos- sible, proper disposition in accordance with arrangements with the next-of-kin, or in their absence, the appropriate Phil- ippine embassy or consulate official;
guaranteed minimum wage prevailing at the site of employment or in the Philip- pines, whichever is higher; and just causes for the termination of contract or serv- ice of the worker. Whenever beneficial to the Filipino worker, provisions of labor laws in force at the site of employment are incorporated into the contract.
Before they leave, contract workers undergo an OEDB orientation program to prepare them for their overseas assign- ments. Workers are briefed on the history and culture of the host country, dollar remittance procedures, behavior guide- lines, taxation laws, travel tips, etc. OEDB also helps with travel documents, such as police clearance, NB1 clearance, NISA clearance and passport. In addition, OEDB handles ticketing, booking and other travel arrangements.
“We are sometimes accused of being slow,” (referring to all the above require- ments) “but we are just being sure,” said.
Gloria Ramos, an OEDB department head.
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Secretary and Undersecretary of Labor, Office of Civil Relations, Social Security System, Civil Service Commission and the Citizens Legal Assistance Office have inundated the FLAO, indicating the tremendous public response.
FLAO staffers earn P300 a month and academic credits for their Trial Prac- tice or Practice Court subjects. They have the first crack at some top labor ad- ministration posts if they opt to stay with DOL after hurdling the bar.
The recruitment of these law stud-
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ir workers
employment, appeals/motion for recon- sideration, memoranda, requests for fi- nancial assistance, powers of attorney, quit claims and releases and other allied pleadings.
The FLAO is among the new agen- cies today which demonstrate the gov- ernment’s concern for the poor. The dynamism and enthusiasm of its staff, headed by Atty. Mila Rosario Taruc, have been strongly felt. Referrals to and from the Office of the President, the
ents (their deans certify them as the cream of their classes) is organized by the DOL in coordination with the De- partment of Education and Culture.
In an interview during the DOL’s Oras ng Manggagawa weekly radio pro- gram. FLAO Supervisor Taruc said the creation of the FLAO “is the best evi- dence of the Department of Labor’s concern for the causes of indigent work- ers under the New Society.”
Last year, the FLAO people worked on 2,226 cases arising from violation of labor standards laws, layoffs, all sorts of unpaid compensations, death benefits and nonfulfillment of labor agreements.
Four hundred disputes were settled, enabling many workers to return to their jobs with back wages. Some workers secured the lifting of their suspensions and financial assistance.
DOL’s I LAO gives meaning to one of the goals of government-the establish- ment of a truly “compassionate society.”
