Retrenched Filipinos in Namibia home this week
MANILA, Philippines - Around 200 retrenched Filipino workers in Namibia are being sent to Manila this week in batches, bringing home complaints of inaction by government authorities on their ordeal with their Malaysian employers.
The workers, displaced from the Malaysian-owned Ramatex garments factory in the Namibian capital of Windhoek, claim that despite repeated pleas, they received inadequate assistance from the Philippine embassy in Pretoria, South Africa and labor offices in the Philippines.
“Matagal na po kaming humihingi ng tulong sa embahada pero sinasabi lang nila (na) wala silang magagawa. ‘Di na po namin alam kung kangino kami hihingi ng tulong," said Emma Pinzon, who has assumed leadership of the Filipino laborers at Ramatex.
“Sinasabi po na may ginagawang aksyon ang DFA (Department of Foreign Affairs) at DoLE (Department of Labor and Employment) at magpapadala ng team dito para tulungan kami pero until now walang nagpupunta dito. Siguro pag nakauwi na kami lahat baka pa sila darating dito," she continued in an email to GMANews.TV.
Last week, acting Labor Secretary Marianito Roque told GMANews.TV: “Nag-utos na tayo na makipag-coordinate sa pinakamalapit na embassy sa Namibia..the Philippines doesn’t have embassy there.. para malaman natin ang tulong na kailangan nila. Hindi sila pababayaan ng gobyerno natin," he assured.
In a report to the Department of Foreign Affairs last week, Ambassador to Pretoria Virgilio Reyes said he led a diplomatic and consular mission to Namibia on Feb 13 and 14 to meet with Ramatex management officers and the Filipino workers to thresh out the problems and find a possible amicable solution.
However, he said that Ramatex management informed the embassy through a letter about the company’s closure on March 6, stating "there is no magic solution to guarantee future success to the business operation."
Pinzon furnished GMANews.TV with copies of emails between her and Reyes, indicating that Reyes was merely relying on Pinzon’s updates on the complaints of the Filipino workers, even as he assured he was respecting their decision to seek the help of the Namibian labor union in fighting for payment of their compensation benefits.
On March 17, Ambassador Reyes cautioned the Filipinos in their dealing with Ramatex management through NaFAU because of possible implications on the pending case filed by the 19 workers dismissed last December.
In another letter on March 19, the ambassador raised concern over the decision of two Filipinos who needed medical attention, Mary Ann Rebater and Lucita Faraon, but opted to refuse the company’s repatriation offer until they get their severance benefits.
“Ang embahada ay lubos na nababahala sa balitang ito. Ang inyong ipinaglalaban ay hindi sapat na dahilan upang ilagay sa alanganin ang kalusugan o buhay n gating mga kasamahan. Maaaring pakatandaan natin ‘yan ng mabuti," the ambassador said.
He assured that while the embassy is not questioning the Filipino workers’ dealing with the Namibian labor union, he reminded them again of its implications to the pending case in court.
The workers also sought the assistance of Jovencio R. Abara, chief of the POEA legal division, who simply instructed them on March 17 to “proceed to our Philippine embassy nearest your place for legal assistance" and “proceed to our legal assistance division upon your return to the Philippines for further help in case your problem is not resolved at the workplace."
Pinzon herself is scheduled to take her flight out of Namibia on Tuesday. She said three of her colleagues have returned last week, and the rest were booked for flights between March 31 and 4. The first batch will be arriving in Manila on Wednesday, according to Noemi Alviar, another displaced Ramatex worker.
Ramatex, which employs more than 3,000 workers, including 12 percent Asian (Chinese Filipinos and Bangladeshis), gave the expatriates between March 15 and 18 to pack their things and leave Namibia without assurance of payment of their “exit’ benefits package.
With the Namibian government’s intercession, the textile factory’s management agreed with the Namibian Food and Allied Workers Union to pay an equivalent of two weeks wage for every year of service. Most of the Filipino workers were recruited in 2002 and 2003 through Solimar and Onward Agency, making them eligible to up to an equivalent of two and half months severance pay.
Others received leave credit payments for only four or five days. The company is providing for the workers’ air tickets.
Reports from Namibia said Ramatex agreed to compensate the retrenched workers after the Namibian government threatened to confiscate the passports of the Malaysian executives and keep them from leaving the south African state.
The Filipino workers however accused Ramatex of violating the contract approved by the Philippine Overseas Employment Administration which provided for 15-day annual leave credits, but were paying only for seven days.
Nineteen Filipinos who brought up a case of illegal termination to the Labor Commissioner last December were receiving the same amount of separation benefits. They had no work in the last three months while awaiting resolution of their case.
Ramatex tried to send back the 19 Filipinos to Manila last December after they were terminated when they questioned their working conditions. They were employed under Flamingo Garments, a subsidiary of Ramatex.
The Windhoek District Labor Court stopped Flamingo Garments from deporting the Filipino laborers until their complaint filed is resolved.
The order also prevented Ramatex from evicting the Filipinos from its housing compounds where they have stayed while employed at the garments factory. Flamingo likewise has to continue to provide the workers with basic needs, such as food, as contained in the workers’ contracts.
One of the workers, Jesus Bunag Villena, said he was recruited from the Philippines in August 2002 to work with Flamingo Garments. The contract provided for annual paid leave credits of 15 days, which turned out to be against Namibia’s labor law which provides for a minimum of 24 consecutive days of annual leave.
Pinzon said the 19 workers are scheduled to leave Namibia on April 4. “Nakakaawa po sila. Three months silang tambay pero ang binayaran lang sa kanila ay katulad lang ng ibinayad sa amin," Pinzon wrote.
The Filipinos said the also failed to settle with their Malaysian employers the issue of tax refund for 2006. The tax refund of some of her colleagues for 2006 and 2007 were combined and were promised to be paid in July yet.
“’Habang nandito kami pahirapan na makuha ang tax refund, how much more kung wala na kami dito?" Pinzon asked.
Another problem she said, were the Filipinos occupying management positions in Ramatex who were able to get concessions for their repatriation and compensation without much hassle.
“Napaka-unfair po sa amin na kaming 178 workers na lumalaban (para) sa aming karapatan ay siya namang pagsisipsip ng mga maka-management at sinasabi na wala silang complaint sa kumpanya pero sila pa ang nakakuha ng malaki kesa sa aming lumalaban, at pinagtatawanan pa kami nila at sinasabi na wala silang hirap pero nakatanggap sila," Pinzon wrote.
Reyes earlier reported to the DFA that there were 40 Filipinos occupying management positions in Ramatex who requested assistance for their repatriation because they were not among the complainants and have accepted the company's offer of exit package of one month pay, current leave pay and repatriation ticket.
“Wala kaming na-receive na tulong galing sa Pretoria. Kung hindi pa sa NaFAU na tumutulong sa amin, wala kaming maiuuwing pera," Alviar complained. “Sana pagdating namin diyan ay ma-acknowledge ng government ‘yung nangyari sa amin dito dahil wala kaming natanggap na tulong sa (Philippine embassy in) Pretoria," she added. - GMANews.TV
The workers, displaced from the Malaysian-owned Ramatex garments factory in the Namibian capital of Windhoek, claim that despite repeated pleas, they received inadequate assistance from the Philippine embassy in Pretoria, South Africa and labor offices in the Philippines.
“Matagal na po kaming humihingi ng tulong sa embahada pero sinasabi lang nila (na) wala silang magagawa. ‘Di na po namin alam kung kangino kami hihingi ng tulong," said Emma Pinzon, who has assumed leadership of the Filipino laborers at Ramatex.
“Sinasabi po na may ginagawang aksyon ang DFA (Department of Foreign Affairs) at DoLE (Department of Labor and Employment) at magpapadala ng team dito para tulungan kami pero until now walang nagpupunta dito. Siguro pag nakauwi na kami lahat baka pa sila darating dito," she continued in an email to GMANews.TV.
Last week, acting Labor Secretary Marianito Roque told GMANews.TV: “Nag-utos na tayo na makipag-coordinate sa pinakamalapit na embassy sa Namibia..the Philippines doesn’t have embassy there.. para malaman natin ang tulong na kailangan nila. Hindi sila pababayaan ng gobyerno natin," he assured.
In a report to the Department of Foreign Affairs last week, Ambassador to Pretoria Virgilio Reyes said he led a diplomatic and consular mission to Namibia on Feb 13 and 14 to meet with Ramatex management officers and the Filipino workers to thresh out the problems and find a possible amicable solution.
However, he said that Ramatex management informed the embassy through a letter about the company’s closure on March 6, stating "there is no magic solution to guarantee future success to the business operation."
Pinzon furnished GMANews.TV with copies of emails between her and Reyes, indicating that Reyes was merely relying on Pinzon’s updates on the complaints of the Filipino workers, even as he assured he was respecting their decision to seek the help of the Namibian labor union in fighting for payment of their compensation benefits.
On March 17, Ambassador Reyes cautioned the Filipinos in their dealing with Ramatex management through NaFAU because of possible implications on the pending case filed by the 19 workers dismissed last December.
In another letter on March 19, the ambassador raised concern over the decision of two Filipinos who needed medical attention, Mary Ann Rebater and Lucita Faraon, but opted to refuse the company’s repatriation offer until they get their severance benefits.
“Ang embahada ay lubos na nababahala sa balitang ito. Ang inyong ipinaglalaban ay hindi sapat na dahilan upang ilagay sa alanganin ang kalusugan o buhay n gating mga kasamahan. Maaaring pakatandaan natin ‘yan ng mabuti," the ambassador said.
He assured that while the embassy is not questioning the Filipino workers’ dealing with the Namibian labor union, he reminded them again of its implications to the pending case in court.
The workers also sought the assistance of Jovencio R. Abara, chief of the POEA legal division, who simply instructed them on March 17 to “proceed to our Philippine embassy nearest your place for legal assistance" and “proceed to our legal assistance division upon your return to the Philippines for further help in case your problem is not resolved at the workplace."
Pinzon herself is scheduled to take her flight out of Namibia on Tuesday. She said three of her colleagues have returned last week, and the rest were booked for flights between March 31 and 4. The first batch will be arriving in Manila on Wednesday, according to Noemi Alviar, another displaced Ramatex worker.
Ramatex, which employs more than 3,000 workers, including 12 percent Asian (Chinese Filipinos and Bangladeshis), gave the expatriates between March 15 and 18 to pack their things and leave Namibia without assurance of payment of their “exit’ benefits package.
With the Namibian government’s intercession, the textile factory’s management agreed with the Namibian Food and Allied Workers Union to pay an equivalent of two weeks wage for every year of service. Most of the Filipino workers were recruited in 2002 and 2003 through Solimar and Onward Agency, making them eligible to up to an equivalent of two and half months severance pay.
Others received leave credit payments for only four or five days. The company is providing for the workers’ air tickets.
Reports from Namibia said Ramatex agreed to compensate the retrenched workers after the Namibian government threatened to confiscate the passports of the Malaysian executives and keep them from leaving the south African state.
The Filipino workers however accused Ramatex of violating the contract approved by the Philippine Overseas Employment Administration which provided for 15-day annual leave credits, but were paying only for seven days.
Nineteen Filipinos who brought up a case of illegal termination to the Labor Commissioner last December were receiving the same amount of separation benefits. They had no work in the last three months while awaiting resolution of their case.
Ramatex tried to send back the 19 Filipinos to Manila last December after they were terminated when they questioned their working conditions. They were employed under Flamingo Garments, a subsidiary of Ramatex.
The Windhoek District Labor Court stopped Flamingo Garments from deporting the Filipino laborers until their complaint filed is resolved.
The order also prevented Ramatex from evicting the Filipinos from its housing compounds where they have stayed while employed at the garments factory. Flamingo likewise has to continue to provide the workers with basic needs, such as food, as contained in the workers’ contracts.
One of the workers, Jesus Bunag Villena, said he was recruited from the Philippines in August 2002 to work with Flamingo Garments. The contract provided for annual paid leave credits of 15 days, which turned out to be against Namibia’s labor law which provides for a minimum of 24 consecutive days of annual leave.
Pinzon said the 19 workers are scheduled to leave Namibia on April 4. “Nakakaawa po sila. Three months silang tambay pero ang binayaran lang sa kanila ay katulad lang ng ibinayad sa amin," Pinzon wrote.
The Filipinos said the also failed to settle with their Malaysian employers the issue of tax refund for 2006. The tax refund of some of her colleagues for 2006 and 2007 were combined and were promised to be paid in July yet.
“’Habang nandito kami pahirapan na makuha ang tax refund, how much more kung wala na kami dito?" Pinzon asked.
Another problem she said, were the Filipinos occupying management positions in Ramatex who were able to get concessions for their repatriation and compensation without much hassle.
“Napaka-unfair po sa amin na kaming 178 workers na lumalaban (para) sa aming karapatan ay siya namang pagsisipsip ng mga maka-management at sinasabi na wala silang complaint sa kumpanya pero sila pa ang nakakuha ng malaki kesa sa aming lumalaban, at pinagtatawanan pa kami nila at sinasabi na wala silang hirap pero nakatanggap sila," Pinzon wrote.
Reyes earlier reported to the DFA that there were 40 Filipinos occupying management positions in Ramatex who requested assistance for their repatriation because they were not among the complainants and have accepted the company's offer of exit package of one month pay, current leave pay and repatriation ticket.
“Wala kaming na-receive na tulong galing sa Pretoria. Kung hindi pa sa NaFAU na tumutulong sa amin, wala kaming maiuuwing pera," Alviar complained. “Sana pagdating namin diyan ay ma-acknowledge ng government ‘yung nangyari sa amin dito dahil wala kaming natanggap na tulong sa (Philippine embassy in) Pretoria," she added. - GMANews.TV
Comments