Study urges gov’t to enforce rules to protect Filipino migrant workers

THE GOVERNMENT must better enforce regulations aimed at protecting overseas workers, particularly overseas household service workers, noted a study conducted by the Scalabrini Migration Center (SMC), in collaboration with the state think tank Philippine Institute for Development Studies (PIDS).

Notably, the study recommended improving information programs to enhance the migrants’ knowledge of their work rights, and improving monitoring of repatriated workers, items already on the agenda as far as the Department of Labor and Employment (DoLE) is concerned.

The SMC-PIDS study — “Protecting Filipino Transnational Domestic Workers: Government Regulations and their Outcomes” authored by Graziano Battistella and Maruja M.B. Asis at the SMC — was submitted to PIDS on May 27.

The study involved a survey of 200 departing Filipino domestic workers, and focus group discussions with domestic workers in Singapore and the Philippines.

It also culled information from key informant interviews with government officials, staff of migration agencies, representatives of recruitment agencies, and representatives of nongovernment organizations.

“While the Philippine government continues to institute more protective mechanisms to promote the protection of Filipino domestic workers, they also tend to lack teeth in terms of enforcement and monitoring,” the study noted.

Unrealized goals?

The study observed that the landmark Migrants Workers and Overseas Filipinos Act of 1995 and the introduction of Household Service Workers Reforms in 2006 were “aimed at enhancing the protection of migrant workers; however, [their] potentials have not been realized because of the lack of enforcement and monitoring mechanism.”

The study suggested cooperating with other origin countries to increase their leverage in relation to destination countries, and negotiating with countries of destination to ensure decent work conditions for Filipino domestic workers.

It noted, for example, that the minimum wage requirement of $400 for domestic workers was not always adhered to.

Particularly challenging for the government would be to balance the divergent positions of stakeholders: the government aims to professionalize domestic work, civil society prioritizes the protection of workers, the private sector is interested in increasing deployment, and aspiring migrant workers are keen in securing jobs — sometimes at any cost.

“It is important to strike a balance between providing employment opportunities abroad and protecting overseas workers,” said the study, particularly given that “when protection restricts deployment, efforts to regulate and protect workers are usually set aside.”

Knowledge gaps

The study also highlighted gaps in migrant workers’ knowledge and understanding of government regulations — that in fact, a sizable percentage of domestic workers showed some tendency to let their employers make decisions about their work conditions, in part because of lack of information about decent work conditions.

“Knowing the right information is crucial to workers’ empowerment, particularly because they will have to engage with recruiters, employers and authorities in the course of the migration process. This means that policies are not properly communicated to stakeholders, particularly to workers and prospective workers,” the study noted.

Among the recommendations offered by the study would be to not only empower workers by improving skills and qualifications of domestic workers, but also to “improve information programs on migration to promote awareness and understanding of basic policies, rights and decent work conditions.”

At the point of origin, the pre-departure information programs, including the Pre-Departure Orientation Seminars (PDOS), must be strengthened, it suggested. Mass media campaigns should be increased “to reach a broader audience.” And the migrant workers’ education program must be further reinforced with post-arrival orientation programs in the destination countries.

Added to which, comprehensive reintegration programs for returnees, particularly for distressed migrant domestic workers, must be instituted.

Follow-up and monitoring of repatriated workers is best improved through partnerships with local governments and local institutions.

DoLE reacts

However, DoLE Labor Communications Office (LCO) Director and DoLE Call Center Head Nicon F. Fameronag said that while he “agreed 100%” that government would have to intensify the media campaign efforts and protection services, it would be “unfair” to say that efforts so far have not reached the intended audience.

“The POEA (Philippine Overseas Employment Administration) conducts a pre-employment seminar. There is a pre-departure orientation seminar conducted by agencies accredited by OWWA (Overseas Workers Welfare Administration), and the OWWA itself conducts a pre-departure orientation seminar,” said Mr. Fameronag in a phone interview.

He stressed that such seminars are given to departing overseas Filipino workers (OFWs), and the would-be or prospective workers.

“Upon arrival, there is a host-provided orientation seminar, as an additional information tool. We provide materials to all OFWs: we use traditional and nontraditional tools, social media and non-formal one-on-one talks. Upon return, there is social profiling conducted by the National Re-Integration Center for OFWs,” said Mr. Fameronag.

The director agreed with the observation that OFWs must be empowered “if they know what decent work is,” but he defended that since 2006, they have been tirelessly implementing reforms as stated in the Household Service Workers Reforms.

“The minimum wage of $400 — we do not compromise on that. We require training of domestic workers, approved by TESDA (Technical Education Skills Development Authority), this is two weeks or three weeks in duration. And all information efforts are geared towards them knowing their rights, and protecting themselves,” said Mr. Fameronag.

ILO chairmanship

Further, he pointed out that the Philippines — through DoLE Undersecretary Hans Leo Cacdac — has successfully chaired the International Labor Organization’s (ILO) Committee on Domestic Workers, which adopted the proposed Convention and Recommendation on Domestic Workers — landmark instruments promoting decent work for domestic workers by ensuring domestic workers’ protection, equal rights and equal opportunities.

“We are leading the fight for protection of migrant workers and this has been affirmed by the ILO. We are successfully sharing our insights,” said Mr. Fameronag.

As of press time, Labor Secretary Rosalinda D. Baldoz and OWWA Administrator Carmelita S. Dimzon were both in Geneva, attending the 100th Session of the International Labor Conference, with the theme “Building the Future with Decent Work.”

Ms. Baldoz declined to comment on the SMC-PIDS study and asked for more time to peruse the study before providing her answer; for her part, Ms. Dimzon also begged off. -JOHANNA PAOLA D. POBLETE, Senior Reporter, BUsinessworld