arabnews/news/641036 Filipinos laud court ruling to protect workers abroad RIYADH: ABDUL HANNAN TAGO Published — Wednesday 8 October 2014 Filipinos in the Kingdom welcomed a ruling by the Philippine Supreme Court (SC) that provides further support and protection for the countrys estimated 12 million citizens working abroad. Former Filipino Labor Attaché Josephus B. Jimenes said Tuesday on his blog that 15 members of the SC voted unanimously for 10 new provisions in support of Overseas Foreign Workers (OFWs). Describing it as a landmark ruling, Jimenes said the ruling would benefit 12 million OFWs, especially those who were dismissed recently without getting compensation or end-of-service benefits. It would also deal a big blow to some unscrupulous recruitment agencies responsible for their plight. Eli Mua, a Riyadh-based community leader, described the ruling as historic for OFWs worldwide. “The SC was merely trying to deal with the discrimination against OFWs. I don’t think the Philippine government can run after foreign recruitment agencies or employers through the country’s system,” said Maria Embry, an OFW rights advocate, adding that the move was a breakthrough. The SC has stressed that OFWs are entitled to security of tenure, irrespective of how some may classify them. It has further ruled that an employee should have job security during the two-year contract period. Secondly, OFWs cannot be dismissed by foreign employers without valid grounds under the Labor Code or other provisions in the contract approved by the labor attaché and the Philippine Overseas Employment Administration (POEA). It said OFWs are eligible for due process under the law and the law of the Philippines, where the contract was signed, shall be taken into account, not the host government’s law. The SC said Philippine recruiters should be held responsible for the illegal acts of the foreign employer and since recruiters have a shared responsibility, they have to bear the full extent of the liability. On illegally dismissed OFWs, it said they are entitled to receive pending dues for the duration of the contract instead of being limited to three months at present. In other words, if the OFW is fired after one month, the 24-month contract is breached by the employer through illegal dismissal. In his observation, Justice Mario Leonen said: “This government loses its soul if we fail to ensure decent treatment for all Filipinos. We default by limiting the contractual wages that should be paid to the workers, when their contracts are breached by foreign employers.”
Posted on: Wed, 08 Oct 2014 00:13:35 +0000
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