Samahan laban sa Katiwalian ng mga Recruitment Agencies at
Patakarang MC-04 (SKRAP-MC04)
A broad coalition of Filipino migrant workers’ organizations, alliances, federations, union and faith-based associations in Hong Kong fighting against irregularities of unscrupulous recruitment agencies and the POEA Memorandum Circular No.4)


Press Release
11 February 2008

For reference: Dolores Balladares
Co- convenor
Tel. No.: 97472986

HK OFW rally hits exemption, Scrap MC-04 call still on
Scores “lies and misdirection” of DoLE and POEA on recruitment

“There will be no letup in our fight until MC-04 is totally scrapped.”

This was declared by Dolores Balladares, co-convenor of the Samahan laban sa Katiwalin ng Recruitment Agencies at Patakarang MC-04 (Society against Illegal Practices of Recruitment Agencies and the MC-04 Policy) or SKRAP MC-04 in a protest action yesterday against the new POEA policy on direct hiring and to demand solution to problems with illegal recruitment practices.

“The unjustness and burden that the MC-04 will bring to Filipino migrant workers cannot be covered by reform or exemption. At the end of it, our livelihood will always be in the danger for as long as the policy is in place,” she said to a crowd of about 1,000 OFWs.

POEA announced recently that it is considering an exemption on the guidelines policies for OFWs in Hong Kong, Italy and Canada. This plan, however, was met by Hong Kong OFWs with contempt.

“DoLE and the POEA can think again if they believe that we will be appeased. There can be no way that we will let the policy hang over our heads or let it be implemented to our fellow OFWs who experience the same abuses from unscrupulous agencies,” she stressed.

Balladares relayed that their experience with exemptions has shown that such moves serve merely as “a delaying tactic of the government, a deception to downplay the real intent of their rule, a temporary move to placate protests, and a divisive action against OFW unity.”

“They exempted us from POEA MC-41 in 2001 and now we are again haunted by it through the new guidelines. Last year, they also exempted existing OFWs from the training requirement for hiring because thousands protested. For sure, they will not hesitate to remove this exemption once we let our guards down,” she warned.

Aside from criticizing the exemption scheme, the group also lambasted the “lies and misdirection” of the DoLE and the POEA in their recent Q and A bulletin on MC-04 released on their website and to the press.

“What the bulletin has merely shown is that the POEA and the DoLE have miserably failed to address the problems that OFWs face with recruitment agencies. In their effort to justify the MC-04, they have revealed their ineptitude in solving the real issues that we have been telling them,” she said.

In particular, Balladares identified POEA’s claim that OFWs hired through agencies are covered by an undertaking of agencies and employers to protect OFWs through proper implementation of the employment contract.

“In reality, however, recruiters never stand up to protect OFWs. In fact, it is their overcharging and other recruitment practices that are abusive or make us vulnerable to further abuses,” she added.

According to the said Q and A bulletin also, majority of OFWs deployed in 2007 went through recruitment agencies and only a mere 2.6 percent of landbased OFWs go through direct hiring.

“As what figures of NGOs in Hong Kong have shown, majority of their cases of OFWs with employment problems were processed through recruitment agencies. If this is the case, the POEA and DoLE should instead run after recruiters who do not assume their responsibilities instead of banning direct hiring that is our way out of overcharging,” Balladares remarked.

Balladares said that the government’s record in addressing the problems of OFWs related to recruitment agencies is dismal. She also scored government practices that perpetuate overcharging which they believe will be worsened by MC-04.

“Here in HK, whenever a case of overcharging comes up, the Consulate’s automatic method is their so-called hands-on conciliation. At the end of this process, however, OFWs only get a pittance as compared to the overcharged amount. Moreover, recruitment agencies are freed from other legal actions and thus can exploit more workers,” she explained.

Aside from this, SKRAP MC-04 also lambasted the DoLE’s constant announcement and reiterated in their bulletin that they are merely following the law.

“The government has allowed direct hiring for years which, in their own logic now, violates the law. But now that the government stands to gain more from banning direct hiring, they are the first to raise the law as basis. Isn’t this duplicity and double standard?” Balladares said.

SKRAP MC-04 said that their protest was just the first of a series of actions they are planning. They said that they will coordinate with OFWs in other countries, inform their families on the issue and write to the Philippine Senate and House of Representatives to intensify the opposition to the guidelines.

“The government should address the real problems of OFWs. Do not make our situation worse and hypocritically claim that it’s for our protection,” she concluded.#
 

News Release

06 February 2008

For reference:            Dolores Balladares

Chairperson, UNIFIL-MIGRANTE-HK

Tel. No.: 97472986

HK OFWs form broad coalition vs MC-04

New group to mount rally on Feb 10

The name is their call.

In a bid to heighten opposition against the new POEA Guidelines on Direct Hiring, Filipino migrant workers in Hong Kong formed SKRAP MC-04 (Samahan Laban sa Katiwalin ng mga Recruitment Agencies at Patakarang MC-04 or Society against Abuses of Recruitment Agencies and the MC-04 Policy) last Sunday, following a leader’s meeting organized by the United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK).

Sixty-five groups including eight alliances, eight church-based associations, three union chapters and 44 organizations united to form the coalition whose main call is the immediate scrapping of POEA MC-04 implemented on January 15 this year.

Dolores Balladares, chairperson of UNIFIL-MIGRANTE-HK, reported that SKRAP MC-04 is also calling for more effective mechanisms to stamp out overcharging of fees by recruitment agencies, scrapping of the POEA Guidelines on Recruitment and Deployment of Filipino Household Workers implemented last year, junking of the OWWA Omnibus Policies and improving OWWA’s services, and for the general protection and assistance of the government to overseas Filipinos.

“POEA MC-04 doesn’t, in any way, serve our interest but is only for greater financial gains of unscrupulous recruitment agencies as well as further fattening of government funds that never translate to our wellbeing,” she added.

Among the actions that the new group decided to do is a major protest action on February 10 that shall serve as its initial salvo. Other forms of actions that they are planning to are public forums with DoLE, POEA, and the PCG-HK as well as actions on February 24 and March 9.

“We are determined to push through with our call until this government listens,” she said.

Balladares relayed that a similar group was formed during the campaign against the POEA Memorandum Circular No. 41 that also banned direct hiring. In 2001, then Labor Sec. Patricia Sto. Tomas issued Department Order No. 11 that revoked the said policy for OFWs in Hong Kong.

“MC-41 was revoked in the name of protection. MC-04 which is essentially the same was implemented under the same slogan. This is clearly the government’s modus operandi to push through rules that are for their own gain and protection,” she remarked.

Aside from their position that POEA MC-04 is detrimental to the jobs, services and protection of OFWs, the new group also believes that the policy’s provisions duplicate already existing policies in Hong Kong.

“While HK laws on migrants are far from perfect, POEA MC-04 is even more inferior to them. By law and as stated in the contract, the employer will shoulder the repatriation of DH in the event that the contract is terminated by either party or the employer decides not to renew the contract. With the POEA MC-04, however, repatriation of worker is not covered if the worker herself causes her contract’s termination,” she explained.

Meanwhile, with the performance bond, Balladares relayed that the Hong Kong government already has relatively cheap and fast mechanisms in place to resolve labor disputes between workers and employers including wage problems. It even has a wage insolvency fund to pay for the workers in the case of employers gone bankrupt.

“So what use is the POEA MC-04 for us now aside from being a threat to our employment and an additional burden?” she asks.

Meanwhile, on the government allowing the Philippine Embassy in Singapore to suspend the policy’s implementation, Balladares lamented the government’s reason of doing so because of protests by skilled workers.

“By saying so, the government shows its class discrimination. Does this mean that because we are merely domestic workers, we are not to be heard? The government is trying to break the ranks of Filipino migrants against the guidelines,” she declared.

Balladares also said that they are planning to approach employers and local groups in Hong Kong to support their campaign,

“POEA MC-04 must be scrapped. This is what we shall push for,” she concluded.#

■   Scrap MC-04! Labanan ang atake sa trabaho, karapatan, proteksyon at serbisyo!

■   Sa pagtanggal ng direct hiring, tuloy-tuloy ang overcharging

■   A Critique of the new POEA Memorandum Circular No. 04 and the Ban on Direct Hiring

■   “We are thrown to the wolves”: HK OFWs score DOLE-POEA scheme to ‘ban’ direct hiring

■   HK OFWs predict job loss with new POEA rules

■   OFWs dare PCG-HK to defy POEA rule

■   HK OFW rally hits exemption, Scrap MC-04 call still on

■   HK OFWs form broad coalition vs MC-04

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