FDH applicants in PHL should go through agencies, says MWO

FDHs can only be hired from the Philippines through a licensed recruitment agency (File)

If you are in the Philippines and plan to come to Hong Kong to work as foreign domestic helper, you will have to go through an employment agency if:

-        You are a first-time HK FDH or a former FDH who was made to return to the Philippines after your previous employment contract was pre-terminated;

-          You completed your contract but decided to go home to the Philippines before your new visa was approved by Hong Kong immigration.

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All these will apply even if your employer decided to personally work on having your new  employment contract approved, and a new work visa issued in your name.

This is according to Assistant Labour Attache Angelica Sunga, who handles all agency-related matters at the Migrant Workers Office (MWO) at the Consulate.

ALA Sunga admits that some employers have the mistaken notion that they can hire a worker from the Philippines without going through an employment agency if they worked on the contract processing themselves.

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Many employers opt do the work themselves, thinking it would hasten the process of getting someone from the Philippines to come and work here, and also allows them to dispense with paying the hefty fee demanded by the agencies.

Not a few Filipinos share this belief, and even encourage the employer who manages to get a visa for their helper to go straight to the MWO to get the contract verified, and obtain an overseas employment certificate (OEC) which serves as an exit pass for the worker in the Philippines.

But this is not so, said Sunga.  “The worker who is a direct hire cannot get an OEC in the Philippines, and we do not verify an employment contract if the worker is not returning to the same employer,” she said.

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Part of the confusion arose from Immigration’s relaxation of the hiring process during the pandemic, when even those who were terminated were allowed to stay in Hong Kong and move to a new employer without having to return to their home countries.

Sunga says the Philippine policy against direct hiring was enforced even during the pandemic

But as Sunga pointed out, even during the pandemic, the Philippines never wavered in its stance that everyone leaving the country to work abroad has to go through a recruitment agency.

When the employers who did the contract processing themselves approach the MWO for verification, they are told that this cannot be done because the worker will not be able to leave the Philippines without an OEC, and this can only be obtained through an agency.

“We tell them to go to an agency to complete the process,” said Sunga. “(But) somehow they will not be paying much anymore because they had already done the immigration part.”

Sunga also passed on a copy of Memorandum Circular No 8, series of 2018, of the Philippine Overseas Employment Administration which banned the direct hiring of landbased overseas Filipino workers. 

The only exemptions cited in the law are those OFWs hire by members of the diplomatic corps, international organizations and heads of stage and government officials with the rank of at least deputy ministers.

Filipino residents in places where the hiring would take place are also given the right to apply for an exemption for relatives they are hiring from the Philippines, but only if the position is for non-domestic work, or as caregiver.

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Jailed Filipina recalled to court for forfeiture of full $2k bail

 

It was the second time in 9 days that the Filipina was summoned to court

A Filipina who was imprisoned for nine months last week after pleading guilty to overstaying twice, was recalled to Shatin Court yesterday  (March 9) because the $100 bail money she forfeited was incorrect.

Instead, Espirita Domepnas, 43 years old, should have forfeited another $1,900 to the court, the prosecutor explained to Acting Principal Magistrate Amy Chan.

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She did not have to shell out the additional amount because her actual bail before she was jailed was $2,000.

The $100 bail was originally imposed on Domepnas when she was arrested for her first breach of condition of stay case in 2011, for which she was sentenced by Magistrate Chan to two months in prison.

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Domepnas was charged with violation of Section 41 of the Immigration Ordinance after she was arrested on Feb. 9, 2011.

Her visa had expired two years earlier, on Oct. 26, 2008, two weeks after she was terminated from her job as a domestic helper.

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She was freed on police bail of $100 before she disappeared. 

Last March 1, she surrendered to the Immigration Department, and faced her second overstaying case, resulting in an illegal stay of more than 15 years from her original departure date of Oct. 26, 2008. 

She was temporarily released on $2,000 bail.

On Mar 7, Magistrate Chan sentenced her to nine months in prison for the two overstaying charges, with the two terms to run concurrently. Chan also ordered the forfeiture of her bail, which at the time was mistakenly mentioned as $100.

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6 persons nabbed in nighttime anti-illegal work raid

 

The surprise raids happened at night, as this photo from Immigration shows

A total of six people – four suspected illegal workers and two employers – were arrested in four days of territory-wide operations carried out by the Immigration Department from Monday to Thursday, Mar 4 to 7.

Nine locations were targeted in the operation, which resulted in the arrest of the four suspected illegal workers comprising four men, aged 28 to 37. All hold recognizance forms, which prohibit them from taking employment.

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Arrested with them were two men, aged 41 and 43, who are suspected of hiring the illegal workers.

Among the premises raided were a factory, locations including a factory, warehouses, restaurants and a vegetable transfer station. The Immigration statement did not indicate where the suspects were found.

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Immigration reiterated that taking up illegal work while on a visitor visa is a serious offence, for which the maximum penalty is a fine of $50,000 and up to two years' imprisonment.

The prescribed maximum prison term goes up to three years if the offender is an illegal immigrant, a person who is subject to a removal or deportation order, an overstayer or a person who was refused permission to land.

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Employers of illegal workers are punished more severely, with the maximum fine that could be imposed going up to $500,000 and imprisonment of up to 10 years.

The courts have also prescribed immediate custodial sentence for offenders.

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Filipina hit by car over CNY needs help

 

Gemologa has been in hospital since Feb 10

When it rains, it pours.

This is how a 35-year-old Filipina domestic helper is feeling right now, as she remains in hospital nearly a month after she was hit by a private car in Fortress Hill as she was rushing to bring food to her ailing employer at Tseung Kwan O hospital.

Nely Gemologa, who is married and has a teen-age daughter back in Cagayan Province, had started working for her employer only five days before the accident, which happened on the first day of the Chinese New Year.

The car’s impact was such that Nely suffered from internal bleeding and a broken pelvic bone that prevents her from walking on her own until now.

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“Excited akong maghatid ng pagkain sa amo ko na nasa ospital kaya napatakbo ako sa pagtawid at hindi ko nakita yung parating na kotse,” Nely recalled. (I was excited to bring food to my employer so I ran to cross the road and did not see the approaching car).

Unfortunately she was already beset with problems at the time. A sibling had fallen down a cave back in their hometown, her 16-year-old daughter had to be taken to hospital for a suspected kidney problem, and her grandfather had just passed on.

While she has worked in Hong Kong for five years, she just recently moved to her employer, which means she has yet to be paid a salary, and may not even be entitled to sick leave allowance.

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Worse, she now fears she will be fired as soon as she is released from the hospital, just when she badly needs money for her and her family members’ medical needs.

Compounding Nely’s woes are the many anxious days she has spent – alone – in four hospitals so far.

After being rushed to Ruttonjee Hospital in Wan Chai, she was transferred to the Pamela Youde Nethersole Eastern Hospital which was better equipped for the injuries she suffered, then to Tseung Kwan O Hospital, and now to the Adventist Hospital in Tsuen Wan where she is undergoing physiotherapy,

As her employer is herself sick, Nelly has never seen her since she was admitted to hospital. Her few visitors included Beth Lizardo from the foreign domestic helpers’ group Social Justice for Migrant Workers and a Filipino resident known as Iron Rock Jermice, who gave her a wheelchair.

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Through The SUN, Nely has asked that she be visited by officers of the Overseas Workers Welfare Administration as she is uncertain what she should do when she’s allowed to leave the hospital. She also wants it known that there are no visiting hours at the hospital she’s now at, so anyone who wishes to see her to extend help and comfort could do so.

Nely said she’s hoping she will still be allowed to remain in Hong Kong as she is desperate for work. But if that is not possible, that she will still be paid some salary, despite what she admits was her contributory negligence in the accident.

Amid her woes, Nely learned she might be able to get compensation from a little-known fund administered by the Social Welfare Department for traffic accident victims in Hong Kong.

The Traffic Accident Victims Assistance Scheme provides compensation, provided the accident was reported to the Police, the victim was legally permitted to remain in Hong Kong at the time of the accident, the application must be made within six months after the accident, and the victim died/sustained permanent disability or the injury resulted in the victim being hospitalized for at least three days.

Nely could also apply for payment under the Employees’ Compensation Ordinance, which obliges employers to pay compensation for injuries sustained by their employees in the course of work. The payment will depend on the age and salary of the worker, and the extent of injuries suffered.

But to navigate through all these, Nely needs help, so she’s imploring staff at the Consulate or migrant support organizations to visit her as soon as possible. She can be contacted directly at the Adventist Hospital in Tsuen Wan, or through the Facebook account of Social Justice for Migrant Workers, care of administrator Beth Lizardo.

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Filipina charged with assault after Sunday brawl at 'ale-ale'

One of 2 alleys in Central where many Filipinos hang out, especially on Sundays

A Filipina domestic helper found herself in court Thursday (March 7) after a Sunday spent at the so-called "ale-ale" in Central - popular as a drinking spot for Filipinos - ended in a brawl that resulted in one woman getting hurt.

J. Balanguit, 43 years old, was charged at Eastern Court with assault occasioning actual bodily harm, which is punishable under the Offenses against the Person Ordinance.

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She was accused or hurting another Filipina, Rodelia Dangayo, on Nov. 5, 2023 outside 21 Li Yuen West in Central.

According to the police complaint, Dangayo was assisted by an unidentified female.

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After the charge was read to her, Dangayo was set free on bail of $500.

Magistrate Stephanie Tsui scheduled the next hearing for April 18.

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Mission for Migrant Workers offers free Cantonese classes for FDWs

 

The first 4 lessons with their contents

Starting this coming Sunday, Mar. 10, the Mission for Migrant Workers will again be offering free Cantonese lessons for migrant domestic workers.

The classes will be held on six Sundays until May, from 2:30-4:00pm at the Hong Kong Visual Arts Centre, 7A Kennedy Road, Mid-Levels, Hong Kong.

The first lesson to be held on Mar 10 will be on Cantonese tones and Basic Greetings.

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On Mar 24, the topic will be Household Conversations and Activities.

On Apr 7, the lesson will focus on learning the names of places in Cantonese, getting the right directions and mode of transportation.

The fourth lesson on Apr 21 will deal with counting, getting the right change when shopping, and telling time.

The last 3 lesssons will focus on counting, cooking, and employment terms

On May 5, there will be a lesson on food and cooking.

Finally, on May 19, the lesson will be on employment, including legal terms and carrying on conversations.

The seats are open to all MDWs on a first come, first served basis. To sign up, send a message or call Ms Johannie on WhatsApp, 9529 0387.

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Meanwhile, the Mission continues its weekly Saturday sessions for MDWs,  with help from pause.for.a.cause.

“Through yoga, we learn to care for our wellbeing by relaxing our muscles and stretching our body. It’s also a good training to keep our minds focused,” said the Mission in a Facebook post. Message their page, “Mission for Migrant Workers” if interested.

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Filipina who overstayed twice gets 9-month jail term

 

A Filipina was imprisoned for nine months today after pleading guilty at Shatin Court to two counts of overstaying.

Acting Principal Magistrate Amy Chan sentenced Espirita Domepnas, 43 years old, to two months in prison for the first breach of condition of stay and nine months for the second. Since the two penalties were made to run concurrently, the net penalty is nine months.

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Magistrate Chan also ordered that Domepnas forfeit her bail of $100.

Domespnas was charged with violation of the Immigration Ordinance after she was arrested on Feb. 9, 2011. Her visa had expired two years earlier, on Oct. 26, 2008, two weeks after she was terminated from her job as a domestic helper.

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But after she was freed on police bail of $100, she disappeared.

Her second case arose from violating her condition of stay between Aug. 8, 2012 and March 1, 2024, thus extending her overstay period to more than 15 years from her original departure date of Oct. 26, 2008, which resulted in her penalty being set at nine months in prison. 

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Street zumba kicks off Women’s Month in QC

 

QC celebrates Women's Month with a zumba dance (Manila Bulletin photo)

Thousands of women converged earlier today on Visayas Avenue in Quezon City to kick off the annual celebration of Women’s Month with a Zumba dance.

An estimated 6,000 women participated in the dance dubbed as “Sumayaw at Umindak 2.0” and March 8 and Women’s Day.

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The celebration of the annual National Women’s Month in the Philippines was made possible through Proclamation No 224 of 1988, which declared the first week of March of every year as Women’s Week. March 8, 1988 and every year thereafter was declared as Women’s Rights and International Peace Day.

In later years, March came to be known as Women’s Month.

Women are taught macrame making to enhance their creativity

Over at the Consulate, a macramé workshop titled “Juana, Can!” will be held on Sunday, Mar 17, at the Consulate’s conference room in celebration of National Women’s Month.

The activity is aimed at enhancing women’s creativity through the art of macramé knotting and creating unique handcrafted pieces. 

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It’s in line with the annual event’s agenda of supporting women empowerment rhgouth education and capacity-building programs.

To join, register through this link: https://bit.ly/juanacan or by scanning the QR code in the poster above.

Slots are limited, so participants will be accommodated on a first-come, first-served basis.For any questions or clarifications, please send an email to atn.hkpcg@gmail.com.

 

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