NEGOTIATING BILATERAL LABOR AGREEMENTS FOR MIGRANT DOMESTIC WORKERS
NEGOTIATING BILATERAL LABOR AGREEMENTS FOR MIGRANT DOMESTIC WORKERS: THE PHILIPPINE EXPERIENCE THE 10 TH ASEAN FORUM ON MIGRANT LABOUR 25 -26 October 2017, Manila, Philippines Philippine Overseas Employment Administration Department of Labor and Employment
OUTLINE 1. STATISTICS 2. LEGAL BASIS/RELEVANT LAWS 3. THE PHILIPPINES BILATERAL LABOR AGREEMENT ON DOMESTIC WORKERS WITH SELECTED COUNTRIES (For Discussion Purposes) 4. HYBRID BLAs and BLAs UNDER NEGOTIATIONS 5. CHALLENGES 6. WAYS FORWARD
Domestic Workers New Hire Deployment, 2015
Legal Basis: Republic Act 10022 (Migrant Workers Act) “The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as a guarantee on the part of the receiving country for the protection of the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of workers, including migrant workers; (b) It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of workers, including migrant workers; and (c) It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino workers.
BLA BETWEEN THE PHILIPPINES AND THE KINGDOM OF SAUDI ARABIA (KSA) Salient Features and Updates: Conduct of Joint Committee Meetings(JCMs) to discuss action points on the implementation of the instrument and issues governing the provisions of the agreement in relation to the deployment of domestic workers
BLA BETWEEN THE PHILIPPINES AND THE KINGDOM OF SAUDI ARABIA (KSA) Salient Features and Updates: There have been four (4) Joint Committee Meetings for KSA where labor concerns covering the deployment, on site employment and return of Filipino domestic workers were discussed. Among the issues discussed during the JCMs: • electronic contract recruitment and contract processing • proposed guidelines for mega recruitment companies (MRCs) • amendments to the standard employment contract for MRC recruitment • review of the recruitment process of domestic workers
BLA BETWEEN THE PHILIPPINES AND THE KINGDOM OF SAUDI ARABIA (KSA) Salient Features and Updates: The Philippines to host the 5 th JCM in 2017. Prior to the signing of the PH-KSA Agreement on Domestic Worker Recruitment, a standard employment contract (SEC) has already been in place The contract was a result of negotiations with the Saudi Embassy in Manila. Amendment to the contract was discussed during the 3 rd JCM to include developments on the new Saudi law on mega recruitment companies. The proposed amendment is still being discussed in the succeeding JCMs.
BLA Between the Philippines and Jordan Salient Features and Updates: The PH – Jordan MOU on Labor Cooperation was signed in 2010. A Joint Committee Meeting has not commenced since the signing. Despite the absence of the JCM, the POLO has regularly undertaken continuous dialogues with their counterpart/s. The Protocol on the Agreement for Recruitment of Domestic Workers to Jordan was signed in 2012. It provides for the development of a standard employment contract
BLA Between the Philippines and Jordan Salient Features and Updates: The POEA created a Technical Committee to draft the provisions of the contract which was later endorsed to the POLO for negotiations with the Jordan Ministry of Labor. Said SEC was later adopted through a POEA Memorandum Circular in 2013. The finalization of the contract requires for Filipino translation of the contract.
BLA BETWEEN THE PHILIPPINES AND LEBANON Salient Features and Updates: The PH – Lebanon MOU on Labor Cooperation was signed in 2012. The Protocol on the Recruitment of Domestic Workers which is an Annex to the MOU was likewise signed in 2012. A Joint Committee Meeting has not commenced since the signing of both instruments. The POLO, however, is regularly meeting with their counterparts to address issues/concerns on deployment of Filipino workers to the worksite. Negotiations for a standard employment contract (SEC) for domestic workers bound for Lebanon started in 2012 and is still on-going due to frequent changes in the officials of the Lebanese government.
BLA BETWEEN THE PHILIPPINES AND UAE Salient Features and Updates: The PH – UAE MOU on Labor Cooperation and the Protocol on the Recruitment of Domestic Workers which is an Annex to the MOU was both signed in September 2017. The Unified Labor Contract for Domestic Workers bound for UAE is not yet implemented pending the entry into force of the New Law on Domestic Workers in the said country The Unified Labor Contract was implemented by the UAE government on 01 June 2014 foreign domestic workers including the Philippines.
“Hybrid” Bilateral Labor Agreements On going negotiations for “hybrid” BLAs include Bahrain and Oman. The “hybrid” agreements aim to include the POEA Household Worker (HSW) Reform Package requirements and provisions for electronic contract processing, dispute settlement and human trafficking. The proposed agreements also include the development of a standard employment contract which will include provisions for termination of employment. BLAs Under Negotiations There also pending proposed agreements for domestic workers for Kuwait and Qatar. For Israel, a proposed MOA on the Recruitment of Filipino Caregivers is likewise being negotiated.
Challenges 1. Forging of Agreements § § § There is a need for up-to-date, reliable information from the ground Negotiations take time, and may be vulnerable to changes in government leadership, social and political conditions on both sides Continuity/sustained efforts needed Enforcement/ implementation of agreements Hesitance/ lack of interest of labor receiving countries to enter into BLAs
Challenges 2. Implementation of BLAs made more challenging by the occurrence of: § Recruitment Malpractices Overcharging of recruitment fees • Misrepresentation • Falsified documents • Illegal recruitment and human trafficking •
Challenges 2. Implementation of BLAs made more Challenging by the occurrence of: § • • • On-site Employment Related Problems Enforcement of contracts Maltreatment on the part of employers Confiscation of passports and travel documents Absence of / violation of host country laws and regulations on the part of workers Restrictive immigration policies in host countries Lack of cooperation of host countries in enforcing labor standards
Challenges 3. Labor market situations § Quantity and Quality of Supply • Skills and jobs mismatch • Brain drain of highly qualified workers • Recognition of qualifications/certification 4. Emergency Situations On-site which pose serious threats to the life and safety of workers • Natural calamities • Social/political instabilities • Health pandemics
Possible Ways Forward Engage more labor-receiving countries to enter into labor agreements Continuous process improvement in the management of labor migration Forging of BLAs with other labor-sending countries on areas of mutual interest i. e. , recruitment and employment standards, protection of workers, and labor market information sharing § Strengthen regional alliances/cooperation among labor sending countries on regional advocacies on labor migrations concerns affecting their respective migrant workers § § §
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