Recruiters seek changes in Saudi 'UC' policy
MANILA, Philippines - Local recruiters have proposed some amendments to Saudi Arabia’s contested “unified contract" policy, with an appeal to the Philippine government to push for its adoption.
“If it cannot be totally stopped, perhaps it could be tempered in a way that won’t be disadvantageous to Filipino workers, service providers and the Philippine economy as a whole," said Victor Fernandez Jr., president of the Philippine Association of Service Exporters, Inc. (Pasei).
Fernandez earlier warned that the Philippine government’s inaction on the impending implementation of the contract could lead to the local overseas recruitment industry being placed under the control of the Saudi National Recruitment Committee (Sanarcom).
Under the existing system, Philippine recruitment agencies deal directly with Saudi employers. But if the “unified contract" scheme prevails, local recruitment firms will have to deal with a Saudi recruitment agency that is a member of the Sanarcom.
Fernandez said it is not just the recruitment agencies who would be “adversely affected" by the scheme.
He said it could lead to more cases of “contract substitution," a prevailing practice by employers in the Middle East by which the contracts of overseas Filipino workers (OFWs) are replaced with disadvantageous ones that have not been scrutinized by Philippine officials.
Under the contract, a Filipino worker cannot seek the help of the Philippine labor representative and would not be allowed to avail of the services of mediators or any parties in settling disputes or disagreements with their employers.
In addition, if the unified contract is accepted, Sanarcom will do the verification of the worker’s contract and it would not need to go through the Philippine Overseas Labor Offices (POLO).
“This is highly objectionable to us as Sanarcom is not a government body, but an association of private recruitment companies. The unified contract is seeking to create a middleman between the worker and the employer and puts into place a brokering system, which is unacceptable," said Fernandez.
Pasei’s proposal that it has submitted to the government panel dealing with the Sanarcom group hopes to address the above concerns.
The salient points of the proposed amendments include:
• A Filipino worker shall not reject any work or run away as long as he or she is treated “humanely and properly, is not oppressed or exploited, receives just wages regularly and on time, is not abused and not harmed in any way."
• The Saudi recruitment agency shall pay the local manning agency a recruitment fee equivalent to one month salary of the worker and $250 for processing and documentation. It will also pay for all air fare, training, trade tests and assessment fees of the worker – without deducting anything from him or her.
• The transportation, salary, benefits, work conditions, and employment terms of the worker shall be based on the offer of the client but must also be in accordance with Philippine laws, codes, rules, and regulations.
• The work contract shall be one that was approved by the Philippine Overseas Employment Administration (POEA) duly attested by the Philippine Consulate or Embassy and shall not be substituted with any other contract nor amended without the approval of the local recruitment firm.
• The Philippine manning agency shall not shoulder the deportation of the worker who rejected work for no reason or who ran away from his or her employer because of unjust treatment.
• If there are any reports of rejection of work or runaways, they shall be resolved with help from the Philippine government.
• The local manpower firm shall inform the worker recruited of the actual situation of his or her potential workplace – regulations, rules, living conditions, weather conditions, and the offer presented by the client including the salary and benefits, if any.
• Both the Philippine and Saudi agency shall agree to abide by the POEA rules and regulations governing the recruitment and employment of land-based overseas workers.
• The Saudi agency shall provide the worker with copies of the documents such as the employment contract, passport, labor permit, residency permit, insurance coverage, driving license (if needed), and shall assist him or her by giving advise (if requested).
• The contract shall be valid for one year and shall be automatically renewed unless one party has no desire to do so.
• The terms and conditions mentioned in the contract shall be covered by Philippine laws, with any dispute regarding it to be resolved in a Philippine court.
• The contract shall be stated in English and will have an Arabic translation.
This proposal, which is still considered a working draft, is currently being tackled as of posting time during a multi-stakeholders meeting attended by representatives from the POEA, Department of Labor and Employment (DOLE), Congress, and industry leaders.
Meanwhile, Pasei told GMANews.TV in an e-mail on Wednesday that the Sanarcom delegation was in the Philippines last January 21.
During that time, the DOLE and POEA hosted a meeting between the Sanarcom and Philippine representatives at the Casa Marinero in Intramuros, Manila where individual provisions of the “unified contract" were discussed and debated.
But since the Philippine delegation raised too many issues and concerns that both parties failed to resolve during the meeting, the country was given 60 days (
“If it cannot be totally stopped, perhaps it could be tempered in a way that won’t be disadvantageous to Filipino workers, service providers and the Philippine economy as a whole," said Victor Fernandez Jr., president of the Philippine Association of Service Exporters, Inc. (Pasei).
Fernandez earlier warned that the Philippine government’s inaction on the impending implementation of the contract could lead to the local overseas recruitment industry being placed under the control of the Saudi National Recruitment Committee (Sanarcom).
Under the existing system, Philippine recruitment agencies deal directly with Saudi employers. But if the “unified contract" scheme prevails, local recruitment firms will have to deal with a Saudi recruitment agency that is a member of the Sanarcom.
Fernandez said it is not just the recruitment agencies who would be “adversely affected" by the scheme.
He said it could lead to more cases of “contract substitution," a prevailing practice by employers in the Middle East by which the contracts of overseas Filipino workers (OFWs) are replaced with disadvantageous ones that have not been scrutinized by Philippine officials.
Under the contract, a Filipino worker cannot seek the help of the Philippine labor representative and would not be allowed to avail of the services of mediators or any parties in settling disputes or disagreements with their employers.
In addition, if the unified contract is accepted, Sanarcom will do the verification of the worker’s contract and it would not need to go through the Philippine Overseas Labor Offices (POLO).
“This is highly objectionable to us as Sanarcom is not a government body, but an association of private recruitment companies. The unified contract is seeking to create a middleman between the worker and the employer and puts into place a brokering system, which is unacceptable," said Fernandez.
Pasei’s proposal that it has submitted to the government panel dealing with the Sanarcom group hopes to address the above concerns.
The salient points of the proposed amendments include:
• A Filipino worker shall not reject any work or run away as long as he or she is treated “humanely and properly, is not oppressed or exploited, receives just wages regularly and on time, is not abused and not harmed in any way."
• The Saudi recruitment agency shall pay the local manning agency a recruitment fee equivalent to one month salary of the worker and $250 for processing and documentation. It will also pay for all air fare, training, trade tests and assessment fees of the worker – without deducting anything from him or her.
• The transportation, salary, benefits, work conditions, and employment terms of the worker shall be based on the offer of the client but must also be in accordance with Philippine laws, codes, rules, and regulations.
• The work contract shall be one that was approved by the Philippine Overseas Employment Administration (POEA) duly attested by the Philippine Consulate or Embassy and shall not be substituted with any other contract nor amended without the approval of the local recruitment firm.
• The Philippine manning agency shall not shoulder the deportation of the worker who rejected work for no reason or who ran away from his or her employer because of unjust treatment.
• If there are any reports of rejection of work or runaways, they shall be resolved with help from the Philippine government.
• The local manpower firm shall inform the worker recruited of the actual situation of his or her potential workplace – regulations, rules, living conditions, weather conditions, and the offer presented by the client including the salary and benefits, if any.
• Both the Philippine and Saudi agency shall agree to abide by the POEA rules and regulations governing the recruitment and employment of land-based overseas workers.
• The Saudi agency shall provide the worker with copies of the documents such as the employment contract, passport, labor permit, residency permit, insurance coverage, driving license (if needed), and shall assist him or her by giving advise (if requested).
• The contract shall be valid for one year and shall be automatically renewed unless one party has no desire to do so.
• The terms and conditions mentioned in the contract shall be covered by Philippine laws, with any dispute regarding it to be resolved in a Philippine court.
• The contract shall be stated in English and will have an Arabic translation.
This proposal, which is still considered a working draft, is currently being tackled as of posting time during a multi-stakeholders meeting attended by representatives from the POEA, Department of Labor and Employment (DOLE), Congress, and industry leaders.
Meanwhile, Pasei told GMANews.TV in an e-mail on Wednesday that the Sanarcom delegation was in the Philippines last January 21.
During that time, the DOLE and POEA hosted a meeting between the Sanarcom and Philippine representatives at the Casa Marinero in Intramuros, Manila where individual provisions of the “unified contract" were discussed and debated.
But since the Philippine delegation raised too many issues and concerns that both parties failed to resolve during the meeting, the country was given 60 days (
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