OLEP4CL Part IV (Termination of Contract)

OLEP4CL Part  IV – Termination of Contract (By Employer and By Worker)  

 

1St Batch

1St Batch

Termination of Contract

 

Q:       When is a contract of employment deemed terminated?

A:         An employment contract is deemed terminated in the following events:

a)      Expiration of the term or period of contract and the worker express his intention not to renew it. b)     Force majeure;  c)      Death of the worker;  d)     Death of employer in certain cases;  e)      When the workers attain the age of retirement; f)       Total disability of worker to perform work; and  g) Pre-termination of contract by either party.

Pre-termination includes the following:

1.   If  both parties agree to terminate the contract, provided that the worker’s consent be in writing.

2.  Upon the request of one of the two parties in case of contract of unspecified term.

3. Termination by the employer or worker for authorized causes;

4. Resignation by worker;

5. Serious illness of worker resulting in long  absence from  work;

6. Bankruptcy, dissolution and authorized shutdown of employer’s business, and other cases. (Arts. 74,77, 79 , 80, 81, 82, , 84, ).

I. VALID GROUNDS FOR TERMINATION BY EMPLOYER

Read more….

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OLEP4CL Part II (Complaint before SLO)

OLEP4CL Part II – Complaint before Saudi Labor Office

batch2During the seminar  Case Interpreter  Mr. Ustadz Salahuddin Unda provide us the salient features of the New Saudi Labor Law. He emphasized that the Labor Contract between the employee and employer should be respected in which terms and conditions in the contract should not be violated between both parties.  

If an OFW feels that his/her contract is violated then you have to do the following Procedure.

1) Know the terms and condition of your contract.

2) Inform your employer in writing if there are any violation/s in your contract. eg.

 (Unpaid/underpaid wages; Unpaid/underpaid overtime ; Deduction of fees for Iqama, Visa, Placement, Airfare and others ; Non-payment of ESB and Vacation Leave)

3) Do not sign a new contract without knowledge of its terms and conditions.

         Specified Contract and Open Contract

4) For Final Exit or Resignation, submit a notice 30 days prior to the date.

5) If nothing happens, file a complaint at the Philippine Overseas Labor Office (POLO) to settle the issue amicably or assist you in filing a case at the Saudi Labor Office.

Read moreFor the remedies available to the worker in case of employer’s violation of the provision of employment contract or labor law.

 LIST OF LABOR OFFICES IN THE KINGDOM 

Saudi Labor Office Tel. No. Saudi Labor Office Tel. No.
       
Riyadh Region 01-4039857 Al Rass Prov. 04-3333502
Kharj Region 01-4548231 Jauf Region 04-6241766
Dawadmi Province 01-6420920 Al-Ula Prov. 04-88440830
Wadi Addawasir Prov. 01-7840264 Northern Frontiers (Arar) 04-6627128
Shaqra Province 01-6221342 Alwajh Prov. 04-4421970
Makkah Province 02-5420745 Tabuk Prov. 04-4221181
Jeddah Province 02-6311687 Qurayyat Prov. 04-6421108
Taif Province 02-7461616 Turaif Prov. 04-6521029
Hafr Albatin Prov. 03-7220220 Majmaa Prov. 06-4321724
Ahsa Province 03-5822801 Zulfi Province 06-422-0235
Eastern Reg. (Dammam) 03-8261419 Qassim Reg. (Buraidah) 06-3250387
Khobar Province 03-8641541 Omaizah Province 06-3640285
Abqaiq Province 03-5661324 Hail Province 06-5321139
Jubail Province 03-3620150 Aseer Region (Abha) 07-2242128
Khafji Prov. 03-7660380 Qunfudah Province 07-7320761
Ras Tannurah Prov. 03-6670424 Bisha Province 07-6226718
Madinah Prov. 04-8654416 Baha Region 07-7253240
Yanbu Province 04-3222688 Najran Region 07-5224995
    Jazan Region 07-3213671
Expatriate Worker’s Care Dept.     01-2104588
       

Next: OLEP4CL  Part III (Computation-End of Service Benefits) 


Basketball Referees Take Time Out to Help Distressed OFWsArab News

RIYADH, 19 August 2007 — Basketball referees are not lovable on the hard court, but in Riyadh a group of Filipino referees have shown that they actually have hearts of gold.

Last weekend, the Siglakas Group of Referees (SGR) demonstrated this last Friday by bringing grocery items to the Bahay Kalinga, a shelter for distressed Filipino women maintained by the Philippine Embassy.

Gerry Espinosa, the group’s president, said that this was their way of sharing what little they were earning during their free time. SGR’s members are hired for a fee per basketball game and the group, which was organized only last year, set aside 10 percent of their earnings for charitable purposes.

“Lending a hand to those in need is a fulfillment. The feeling is very different,” Espinosa said as his group turned over their donation to Welfare Officer Abdulghani “Jimmy” Umag, the shelter’s administrator, together with Labor Attaché Resty Dela Fuente and POLO/OWWA administrative officer Mimah Mangotara.

“The fees for our services is another form of blessing from God, and we thought we should share the same to others in need. We hope to continue this charity work for as long as there are basketball activities within the Filipino community,” said Ricky Arellano, an officer of the group.

SGR’s members are the most sought-after professional basketball referees by Filipino basketball leagues in Riyadh, said Bong Amora of the Kalipunang Kaakabay ng Mangagawang Pilipino sa Ibayong Dagat (Kakampi-KSA), who along with Reynaldo Ruiz coordinated the charity act. Kakampi-KSA is based in Riyadh’s 3rd Industrial Area.

SGR leaders said the wards of Bahay Kalinga were easily identified as beneficiaries of the group’s first donation since they are undoubtedly in need of help.

Officially known as the Filipino Workers Resource Center or FWRC, the shelter houses tens of mostly household service workers who have escaped from their employers either because of maltreatment, sexual abuse or non-payment of wages. As of Friday, the shelter had 106 wards and some of them would soon be repatriated to the Philippines once their plane tickets come, said Dela Fuente.

“We are not soliciting any form of donations from the Filipino Community but if the good deed was given wholeheartedly from any Filipino groups, they are most welcome and we are very grateful for that,” he said.

Dela Fuente heads the Philippine Overseas Labor Office (POLO) in Riyadh, which runs Bahay Kalinga.

http://www.arabnews.com/?page=10&section=0&article=100067&d=19&m=8&y=2007


Nasipit Pinoys to Hold Reunion in Riyadh

RIYADH, 23 July 2007 — A reunion will be held in Riyadh on Thursday among Filipinos from the southern Philippine town of Nasipit, organizers said yesterday.

Bong Amora, one of the organizers, said the reunion is in commemoration of “Araw ng Nasipit (Nasipit Day)” which is on Aug. 1.

For more details, interested participants are encouraged to contact Dong Come at 05602-94177, Jhun Redoble at 05088-78922, Mawe Amora at 05097-97120, Jeri Espinosa at 05546-50842 or Jhun Exclamador at 05636-43837.

During the reunion, officers of the group Nasipitnon-KSA, International will be elected and its articles and by-laws would be presented to the body for ratification. Amora said Nasipitnon-KSA, International, was organized last weekend with the aim of looking after the welfare and concerns of Nasipitnons in the Kingdom.

Its other aims include supporting worthwhile projects that could help in the development of Nasipit, including scholarship for children of poor families.

Amora said participants of the group’s meeting in Batha last weekend also called for support for the projects of Nasipit’s current mayor, Roy Orlando Doyon to help raise the economic standing of the town.

Nasipit, in the province of Agusan Del Norte, has a population of close to 40,000 from 19 barangays.

Mayor Doyon wants to bring back the ships docking at the Nasipit International Port, the town’s main source of income, by offering shipping companies to use facilities of the Nasipit, Agusan Del Norte Industrial Estate as possible site of their warehouses.

Shipping companies such as the Cebu Ferries and Trans Asia have difficulty moving goods due to the distance between the port and their warehouses in Butuan.

Arab News

Bahay Kalinga Policies (OLEP4CL Part I)

OLEP4CL : Part I (Bahay Kalinga)

I was one of the lucky participants of last Friday’s (08/17/07) forum initiated by POLO/OWWA dubbed as Onsite Labor Education Program for Community Leaders (OLEP4CL).

OLEP4CL is a series of meeting for 3 consecutive Friday’s that started last Friday, August 17; and to be followed by the next batches of community leaders/participants this coming August 24 and 31 respectively, at the OFW Leaders Lounge of POLO Building inside the Diplomatic Quarter in Riyadh.   

On-Site Labor Education Program for Community Leaders

On-Site Labor Education Program for Community Leaders

Objectives of OLEP4CL are to acquaint Community Leaders with the provisions of the New Saudi Labor Law, which are relevant to OFW circumstances. OLEP4CL ensures the use of common reference and the provision of correct information to OFWs seeking advice from Community Leaders. 

Since I divided this entry into several parts for our fellow OFWs in KSA to read, we will concentrate on the first subject, which I found related to my previous entry. It is about the shelter services of our Filipino Workers Resource Center or Bahay Kalinga and their current policy.

Prior to the seminar I was able to talk to BK-Riyadh Administrator Mr. Jimmy Umag in which he humbly admitted that BK does not accept pregnant female OFW including “mother and child”.  It was confirmed when Labor Attache Resty Dela Fuente says during the seminar that sheltering or harboring women who obviously committed immorality is a direct affront to the laws of the kingdom.

Some strategic BK policies are as follows:

1) The so called “waiver policy” has been rescinded since July 2006

2)  Visitation at BK is not allowed, proven relatives may meet BK residents at the POLO on pre-arranged schedules;

3) BK does not admit TNTs (with plane tickets) but may serve them through endorsement to SSWA (Saudi Social Welfare Administration;

4)  BK does not accept pregnant female OFW and admonishes the identified father to assume full responsibility; 

5)  POLO does not actively solicit but is very thankful and appreciative of community donations for BK.

    Rationales for Non-Admission of Pregnant female OFWs are the following:

a)  Almost all these women are NOT victims of employers or foreigners, but duped by irresponsible OFW-boy friends;

b)  The male OFWs who took advantage of the weaknesses of these Filipinas must not be afforded with opportunity to also take advantage of the PE-POLO;

c)   Sheltering them creates impression of condoning the wrongdoings of the Filipinos, and propels inequity of freeing irresponsible fathers from their responsibilities, while the Philippine Government suffers from overstretched negotiations with authorities and unnecessary strain in its resources;

d)  The BK is not conducive and not equipped for accommodating pregnant women;

e)   There are more cases of distressed OFWs meritorious of assistance which must be prioritized; and  

f)  Sheltering pregnant women in the context at hand is not consistent with the objective of inculcating sound values to the Filipino Community.

FilCom visit Bahay Kalinga

FilCom visit Bahay Kalinga

However, they informed the attendees that POLO continues to explore options other than sheltering them at BK, to help Assistance to National Section (ANS) in assisting pregnant female OFWs, including “mother and child” who are left in miseries and sufferings by their supposed to be “lovers”.

We support and acknowledged the BK new policies as well as the repelling of the so-called waiver policy. It really ensures that our run away female OFWs are protected from further harm done by fellow Filipinos who took advantage of their unfortunate situation.

My salute to Labor Attache Resty Dela Fuente and a tight handshake to Welfare Officers/Interpreters, Mr. Salahuddin Unda, Mr. Mustapha Glang and Welof Abdulghani “Jimmy” Umag.

But I still believe that distressed female OFWs regardless of their situation and offenses, against the strict laws of the host country; must be admitted and be given refuge to Filipino Workers Resource Center upon request of the OFW in distress for shelter. Counseling should be done immediately until such time that the other option mentioned above be realized.   

Let us remember that the Filipino Migrant Workers Act 8042, “Declaration of Policies” clearly states, “(e) it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded.” – BongA

Group of Referees reaches out of court to Bahay Kalinga

18 August 2007 Riyadh, Saudi Arabia- Basketball referees are not as famous as the basketball players yet they too run several miles in court supervising the game and administer its rules.   

Rey Ruiz of KAKAMPI, SGR Ricky Arellano, Labor Attache Delea Fuente, POLO Admin Officer Mrs. Mimah Mangotara, SGR Pres. Gerry Espinosa and BK Administrator Jimmy Umag

Rey Ruiz of KAKAMPI, SGR Ricky Arellano, Labor Attache Rustico M. Dela Fuente, POLO Admin Officer Mrs. Mimah Mangotara, SGR Pres. Gerry Espinosa and BK Administrator Jimmy Umag

But for Siglakas Group of Referees (SGR) their run continues and it even reaches Bahay Kalinga

The Filipino Workers Resource Center (FWRC), known as Bahay Kalinga or Paglingap Mangagawa was established under Republic Act 8042, known as Migrant Workers Act of 1995 intended as shelter for our distressed and run away female Overseas Filipino Workers.

Siglakas Group of Referees whose members are Professional Basketball Referees are hired for a fee per basketball game. The group however, set aside 10% of their earnings for charitable purposes. The fund collected was converted into assorted grocery items and were distributed to our less fortunate female OFWs at Bahay Kalinga last Friday 17 of August 2007.

SGR Pres. Gerry Espinosa with Labor Attache Resty Dela Fuente

SGR Pres. Gerry Espinosa with Labor Attache Resty Dela Fuente

Female distressed OFWs are housed at BK pending resolution of their complaint such as: maltreatment and abuse, sexual harassment and non payment of wages. Most of them are Female Household Service Workers. There are 106 female OFWs at the center as of to date and luckily some of them are waiting for air tickets to be finally send back home.

“Lending a hand to those in needs is a fulfillment, the feeling is very different” said Gerry Espinosa, the current President of SGR.  “The 10% basket funds collected among the members of the group are mainly intended for charitable purposes” he added.

Siglakas Group of Referees was formed a year ago and the most sought professional basketball referees hired by fellow Filipinos in Riyadh in their Inter Company Basketball Tournaments.  Filipinos employed at Saudi Oger Co. Ltd. and companies located at Industrial areas in Riyadh frequently hired their services.

Ricky Arellano, officer of the group said “The fees for our services is another form of blessing from God, we should share this blessings to others in needs and future donations will continue as long as there are Basketball activities within the Filipino Community”.

Welfare Officer Abdulghani “Jimmy” Umag, administrator of the Filipino Wrokers Resource Center was thankful of the group donations.

The Philippine Government is providing the needs at Bahay Kalinga but they accept donations from Filipino Community more particularly personal items to be used daily by our stranded female OFWs.

Labor Attache Resty Dela Fuente who personally acknowledged the group donations however said “we are not soliciting any form of donations from the Filipino Community but if the good deed was given wholeheartedly from any Filipino groups, they are most welcome and we are very grateful for that”.    

The group noble act was coordinated with Bong Amora and Reynaldo Ruiz of the Kalipunang Kaakabay ng Mangagawang Pilipino sa Ibayong Dagat (KAKAMPI-KSA) based in the 3rd Industrial Area-Riyadh who witnessed the turnover of the donated grocery items. – BongA

How can our Government protect us?

There are a lot of stories around that I want to write but my emotion clogged up due to its complexity. A couple of months ago this blogger was reprimanded by our Philippine Mission for just a mere inquiry about the death of a Domestic Helper who died under their care.  But who will dare to inform the Filipino global community of what is happening particularly to the plight of our distressed OFWs? As a community leader and an OFW, I have the right to inquire and assist those compatriots who ask for help.

The case of Catherine Sarabia and her 4 months old baby who traveled to Jeddah after our Philippine Mission in Riyadh can’t do anything on her case is worth a few clicks on my keyboard. She is back in Riyadh again after our Consulate Officials in Jeddah could not do anything on her plight. But I will defer the story for a moment, I should need to gather more facts before pouring out aloud my emotion in due time. When that time comes, am sure it would be a “Headlines” at home.

Case of OFW J. Dulnuan in Canada

Case of OFW J. Dulnuan in Canada

Talking about “headlines” the vultures in our midst is coming back in the scene again and our Government has done nothing to curb or stop the illegal trafficking of Filipinos. Illegal entries of OFWs to other countries are again on the rise. This pertains to the 51 Filipinos that had been kidnapped to fill in the labor contract to work for the construction of U.S. Embassy 21 high-rise towers in 104 acres on the west bank of the River Tigris in Iraq.

How powerful those people behind the scene that even our media walang naamoy tungkol dito.  Philstar columnist Carmen Pedrosa in his column said “where are the usually alert local press and human rights groups when all this was happening? Or when it happened and came to be known through a congressional inquiry in US Congress, it took the London Times to pick it up as a major story”. To read more click link “Why did this story not make the headlines?”

In Jeddah, a news item appeared in Arab News about the 7 OFWs hired to work in a restaurant with Tourist Visas. Those OFW could be apprehended and end up in jail if found working without residency or work permit.

No to Illegal Recruitment

No to Illegal Recruitment

Despite of the temporary ban to work in Lebanon, many Domestic Helpers arrived in that country through unscrupulous travel agencies based in Cebu. How can they travel or exit from our country without the help of corrupt officials in our Government?

How can our government protect OFWs, “sa Pilipinas pa lang hindi na ninyo kami ma protektahan, how much more when an OFW arrived in his/her destination?”  Huh! If something happen to Catherine Sarabia and her 4 month old baby, surely it would be “another case of government neglect” like what had happen to Felisa Garcia.

Open Letter of Appeal to Pres. GLoria M. Arroyo

Her Excellency Gloria Macapagal Arroyo

Dear Madam President:

We are writing to you today to raise our concern over the continued appreciation of the peso to a level which is now hurting each and every one of us Overseas Filipinos and our families.

The following realities will help you appreciate the predicament we are in:

1) While our salaries during the last few years remained the same, our cost of living here in the Kingdom, like anywhere else, have increased.  This means less income available for remittance to our families back home;

US Dollar

US Dollar

2) The situation became worse when the peso appreciated from 55 to 45 versus US dollar during the last ten months.  The continued peso appreciation effectively reduced the value of our remittances by an average of 18%;

3) On the other hand the rising prices of commodities back home, which ironically should have decreased due to the strengthening of the peso, aggravated further the already worsening situation;

4) We estimate that with the 18% reduction in the value of our remittances plus, say a 10% increase in household expenses of families back home, an OFW who used to remit $300 monthly, will now have to send $405 to maintain his family’s current living standard. To be able to do this, he will have to work longer hours and/or tighten his belt.

5) For those of us who have planned to go back home for good within the next couple of years, will now have to reconsider our plans, and might have to extend our stay here in the Kingdom for a few more years.

Philippine Peso

Philippine Peso

We believe that a strong peso will help improve our country’s balance of payments, and allow the government to service the country’s debts at a lower cost.  However, we also believe that the gains the government will earn from its debt servicing agreements must not be at the expense of those providing those benefits.  It must not be at the expense of us Overseas Filipinos and our families.

We therefore respectfully request your good Office to look into ways and means to mitigate the negative impact of the continuing dollar decline on our remittances. Please ask the appropriate officials in your cabinet to study how the following alternatives may be implemented:

A.    Special exchange rate for OFW remittances:

B.     Peg the Peso – Dollar exchange rate at P50 to $1;

C.    Creation of an OFW Stabilization Fund, like the one proposed for the export sector;

D.    Provision of incentives or rewards based on the amount of OFW remittance, in order to encourage OFWs to continue remitting the same amount to their families.

We believe that with enough political will, your good Offices will be able to find a solution to this problem which is most equitable to all affected parties.

Thank you for your time, and may God bless you and your family.

Respectfully Yours,

 

THE FILIPINO COMMUNITY LEADERS IN RIYADH