The SUN HK : 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.

PINDUTIN PARA SA DETALYE!

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.

Magkano? Pindutin ito!

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.

Pindutin para sa detalye

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.