Professional Skills Test

The Saudi government a few years ago introduced by requiring all professional expatriates in the field of engineering and medical profession to take Saudi Council exam prior to practice their profession within the Kingdom.

According to Saudi Commission the purpose of the Saudi Council exam is to evaluate the professional abilities and efficiency of expatriates in the Kingdom and to ascertain that all foreign professional workers are in accordance to the standard of safe practice in their respective field of profession. Though these doesn’t mean that an expat professional get a practice license after passing the test, it just mean that he or she have reached the standard required by the Commission to practice their chosen field of profession.

For those in medical profession, expats can take exam at Saudi Commission for Health Specialties (SCFHS) and Engineers have to be registered with the Saudi Council of Engineers (SCE) for the issuance and renewal of their iqamas or resident permits.

And just recently, the The Ministry of Labor announced that they will issue work permits to foreigners on the basis of their performance in the professional skills tests.

It is very clear therefore that the Saudi Government and the Saudi business private sector as well want to make sure that their expatriates are highly qualified in their field of expertise. The professional test can also help identify that they’ve attained a professional standard within their respective skills and profession.

Obviously, in my personal opinion the move will also give way to Saudi young professionals to compete with expatriates and in the long run Saudi authorities will see to it that all work force in Government and private sector are filled in by their own nationals. This is of course part of the host country’s Saudization program.

Credentials Verification

Today’s blog entry is just a reminder to all expatriates not to get involve in fraud by submitting falsified or false documents or credentials. Passing the host countries government regulation such as Saudi Council exam doesn’t mean that “you’re off the hook” and can freely practice your profession the way you want it to be.

After the expatriate passed the examinations and the employer observed that the worker is not qualified on the actual given job, the authorities will verify certain education, professional credentials and work experience of the employee. This is a necessity to ensure that the worker meet the minimum training/education and experience required for the position.  Upon  discovery that an employee provided false or misleading information, or omitted information, related to such education, professional credentials and professional experience, the employer will instruct their Human Resources Department to determine appropriate disciplinary action. It is the responsibility of the hiring department to conduct credentials verification and inquire with the labor sending nations government entities for clarification.

Falsifying records is never a good idea, and the implication of falsifying documents depends on the circumstances involved and the host country’s applicable law on this regards.

Saudi Arabia Visa Regulation

In most countries, if you were caught falsifying documents seeking employment abroad, there will be a criminal convictions but in Saudi Arabia there are other consequences as that may seem even more harsh penalties with higher cost and worse outcomes.

Sad to say that illegal activity is becoming increasingly common in recruitment business, not only in the Philippines but from other labor sending countries like; Pakistan, India, Bangladesh, China, and other nations. According to the website of BackgroundCheck Private Limited (formerly DataFlow Pakistan Pvt. Ltd), the largest and prestigious primary source verification provider in Pakistan says, “fake professional qualification is a serious crime and threaten the safety of public. Engineers, Doctors, Teachers, Heavy Vehicle Drivers and even Pilots have been identified as unqualified when their professional qualifications and licenses were checked. Over 1 million quacks are operating freely in the medical profession in Pakistan and 150,000 are present in Karachi alone.”

On the other hand, in India, the son and daughter of state Health & Family Welfare Minister were allegedly given jobs in the government on the basis of “fake” degree certificates.

In Philippines, the “Recto Forger University” is very much alive and kicking  up to these days.

Assuming, an expat get hired in Saudi Arabia based on the false information, the employer can simply fire or deport the worker at any time and barring that person from entering the country again or in any GCC countries as well.

However,  if the Kingdom will implement  their strict law, Saudi Arabia Visa regulation states that taking employment or helping any individual to take an employment based on forgery or cheating; submitting forgery documents or providing false statements to Saudi authorities in the Kingdom or any countries for issuance of employment visa or any kind of visas; forgery, easement or changing the content of foreign travel documents may have the following strict penalties.

• If the violator is an expatriate, he shall be fined 10,000 S.R. or imprisoned for 3 months or both, along with the termination of his Iqama and deportation from the Kingdom.

• If the violator is a Saudi Citizen, he shall be fined 10,000 S.R. the first time; 15,000 S.R. in the second time along with one month imprisonment; 15,000 S.R. in the third time along with 3 months imprisonment. Type of violation shall be considered while applying the penalty.

• These penalties are applicable to the principal perpetrator, partner and contributor.

• Paid money shall be confiscated in all cases.

• Fines are multiplied according to the number of individuals involved and violations.

The Philippine scene

However, if there will be no convictions rendered on such case  by the host country against the employee /worker (OFW), a just simple deportation proceedings would be handed to the violator.  

Again, sad to say, the story doesn’t end well for the offender. In Philippines, the state has the right to file a case against the persons or entity who in one way or the other participated knowingly and in common intent unites in the completion of a crime or an offense.

Therefore, the employee and the recruitment agency, together hand in hand (Hawak Kamay) should faced the consequences of their action. They are both liable to the offense that has been committed. ( In every action, there is an opposite and equal reaction – The Theory of Flight).

According to the provision of  Philippine Overseas Employment Administration (POEA) Rules and Regulations “engaging in act/s of misrepresentation, such as giving false statements, false testimonies or falsified documents in connection with recruitment and placement of workers, such as furnishing or publishing any false notice, information or document in relation to recruitment or employment” is a serious offense and grounds for suspension, cancellation or revocation of  recruitment license under Article 39 of the Philippine Omnibus Rules implementing the Labor Code (Pre-Employment) and could be otherwise categorized as criminal violation under Article 171 of the  Philippine Revised Penal Code.

Why criminal offense? Frequently Asked Questions on Philippine Criminal Law states “The falsification of a public document may be a means of committing estafa because before the falsified document is actually utilized to defraud another, the crime of falsification has already been consummated, damage or intent to cause damage not being an element of the crime of falsification of public, official or commercial documents. The damage to another is caused by the commission of estafa, not by the falsification of the document; hence, the falsification of the public, official or commercial document is only a necessary means to commit the estafa.”

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To my readers and aspiring OFWs out there, don’t use fraudulent documents to land jobs abroad, always think of the consequences that would befall upon you once you get caught. Be treated with dignity – our country’s pride is at stake. 

Remittances to Philippines reached an all-time high of over $20 billion last year as demand for Filipino workers remained strong even amid economic and political challenges confronting labor markets in the West and the Middle East.

The Bangko Sentral ng Pilipinas reported that remittances of $20.1 billion for 2011 marked a 7.2-percent rise over the $18.3 billion registered the previous year. The growth in remittances came about as job orders for Filipino workers from foreign employers and that includes Saudi Arabia.

The biggest sources of remittances last year were the United States, Canada, Saudi Arabia, United Kingdom, Japan, United Arab Emirates, Singapore, Italy, Germany, and Norway.

The Banko Sentral ng Pilipinas said “Cash transfers from overseas Filipinos continued to be a major contributor in stimulating domestic demand”.

Despite global economic crisis, OFW Remittances were credited for helping the Philippine economy grow in 2011 even as exports income weaken amid dwindling demand from countries experiencing economic crisis, including those countries called ”economic giants” mainly Europe and the United States.

The Philippines last year is the fourth-biggest recipient of remittances next to China, India, and Mexico.

But despite of this good news there is still impending problem that needs to be rectified. Estimated remittances passing through alternative channels or improper channels had reach from 25 to 70 percent of the total OFW remittances according to BSP. Let’s imagine those percentage if we use the proper channel in sending remittances to our love ones. Thus – the remittance programs for OFWs of  the just concluded launching of Banco De Oro and Arab National Bank Telemoney Remittance Services in the Kingdom and so with other Philippine banking institutions had forged a tie-up arrangements with foreign bank hosting Filipino workers in the promotion of greater use of formal remittance systems by Overseas Filipinos.

To strengthen the remittance programs of our government as well as the private banking sectors and in response to increase legal channels of remittance, We OFWs, reiterated our previous demands addressed to our Government and banking institutions to look into ways for the creation of an OFW Stabilization Fund and or special exchange rate for OFW remittances.  In this way, we can lessen or perhaps eradicate totally the remittances passing through improper means. – by: BongA

TODAY’S FEATURED ARTICLE:

The 13 recruitment companies that were given preliminary licenses will commence operations soon and will rent foreign workers and maids to interested Saudi and foreign clients at monthly payments ranging between SR1,000 and SR1,200, local daily Al-Madinah reported yesterday. It was quoting an official source at the Labor Ministry.

The source, however, said the monthly salaries would be fixed according to the theory of supply and the cost of recruitment.

“The companies will enable citizens and expatriates to hire foreign manpower with various professions except the specialized jobs, such as doctors and engineers, without incurring any additional costs like the Iqama and visa fees,” he said.

 The source explained the companies would be committed to provide suitable and safe accommodation for the foreign manpower under their sponsorship.

He said any of the recruitment companies should consist of at least five recruitment offices and added that each company would be given 1,000 work visas for each of its offices.

“The establishment of the companies was aimed at organizing the import of qualified manpower and to provide professional services,” he said.

Meanwhile, director of information and public relations Hattab bin Saleh Al-Anzi, who is the ministry’s official spokesman, said the ministry would hold workshops and meetings with representatives of the companies and the National Recruitment Committee of the Saudi Council of Chambers to discuss problems facing the establishment of the companies and other issues, including provision of accommodation for foreign manpower.

He said the paid-up capital of each company wishing to import workers and housemaids should not be less than SR50 million, while that of companies wishing to recruit foreign manpower for the public sector should not be less than SR100 million.

The spokesman explained that the companies, covering various regions of the Kingdom, should commence activities a year after obtaining the final licenses.

By JEDDAH: ARAB NEWS, Published: Mar 11, 2012 23:17  : Updated: Mar 11, 2012 23:17

The Nitaqat

Many expatriates are afraid of what would be the outcome of this new Saudi policy, and some says it can create chaos among OFWs that will be affected on it. For me, there’s nothing to worry, I don’t even agree that our low skilled and semi skilled OFWs will be displaced. You know why?  Under the Nitaqat system an expatriates or a foreign worker will be given a free hand to transfer to another sponsor without even asking for the original sponsor’s consent.  This category falls under the Yellow and Red categories.

To those fellow OFWs who wrote in our blog asking if their employer’s move terminating them is legal - my answer is No! Under the Nitaqat system those companies belong to Yellow and Red categories will not be able to renew their foreign workers’ visas – it means, the worker still have the chance to complete their contract till his/her work permit expires (unspecified period) or contract expires (specified period).  If your sponsor terminates your contract, don’t panic, don’t sign any documents accepting the termination, tell them that you understand the  point and instead  submit a letter of non-renewal of contract. In this manner, the worker can receive all the benefits under the law.

Another option is – the worker can transfer his services or can transfer employment to another company even without the original employer’s consent.  So why panic? Stop worrying because we are not affected at all. Many good companies especially those belong to Green and Excellent categories will surely hire our services – Filipino pa! Alam nila kung paano tayo magtrabaho. So, those OFW’s out there, if you sense that your company will surely be affected by Saudization for not complying the recent Saudi government Nitaqat system, it’s time for you to start looking for a new employer but just do it cool and ask for their consent if necessary. (Click this link>>> The Facts About Nitaqat “The Nitaqat System in a Nutshell”)

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PHL Recruitment Agencies should be aware of the Saudi’s Nitaqat policy; particularly their clients belong to Yellow and Red categories.  In the same time job seekers should be smart in accepting job offers from Saudi firms nowadays. Find out how long the Saudi employment company has been in business, see to it that the firm’s present financial condition is stable and more importantly, these companies are in line with the Saudization policy.

One more thing, job seekers or applicants who passed interviews from their prospective employers, please do not sign any documents or comply to the recruitment agencies instruction like, to undergo medical examinations, advance payment of placement fees and others without accepting first the employer’s JOB OFFER in accordance with the POEA Full Disclosure Policy.

The following terms and conditions must be written in the mentioned job offer or Full Disclosure of Employment Contract:

1)      Salary per month

2)      Food allowance ( If there is)

3)      Designation (Work Position)

4)      Contract Duration ( includes Yearly/after 24 months with number of days paid vacation)

5)      Free Airfare Ticket (upon completion of contract: 1 Year or 2 Years, it depends)

6)      Probation period (3 months)

7)      Transportation ( Allowance or Provided by employer)

8)      Accommodation ( Allowance or Provided by employer)

In addition, an OFW should always be aware of his/her Visa Category. If the visa category is different from the official work at site, an OFW should acknowledge that he/she is aware about it BUT salary and official designation shall be applied at site. This document should be signed by both the OFW and the Manager or Owner of the recruitment agency.

Upon arrival at site or country of destination, DO NOT sign any documents or new contract in which the basic terms and conditions are not the same in the Job Offer you signed with your recruitment agency in the Philippines. –End-