New Standard Employment Contract (SEC) will be effective on October

by Jaswinder Singh

Filipino Household Service Workers (HSWs) will now be protected because of the new Standard Employment Contract (SEC) that Kingdom of Saudi Arabia (KSA) and the Philippines agreed upon.

Department of Labor and Employment (DOLE) Secretary Rosalinda Dimapilis-Baldoz yesterday said she is positive about the Filipino workers in Saudi because of this.

“This will pave the way for the resumption of the deployment of HSWs to the Kingdom. But with the new SEC both parties have hammered out and agreed upon. In addition, to the strengthened policies and measures the DOLE and its agencies, namely the POEA, POLO, OWWA, and TESDA have set in place, we are very confident all Filipino overseas workers will get the protection they need and deserve should they find it still desirable to work in Saudi Arabia as HSWs,” Baldoz said.

The agreement was stopped for a while when the Arabian government prohibited it in March 2011, but the SEC was declared by Baldoz after the contracts recommencement, confirmation and authentication.

After waiting for the new contract to be verified, Baldoz ordered Administrator Hans Leo Cacdac of the Philippine Overseas Employment Administration (POEA), Administrator Carmelita Dimzon of the Overseas Worker Welfare Administration (OWWA), Philippine Labor Attaches to Saudi Arabia Albert Valenciano, Alejandro Padaen, and Adam Musa, and Director Restituto dela Fuente of the National Reintegration Center for OFWs (NRCO) to prepare and work with qualified recruitment agencies and instantly generate vast public announcement and major campaign to educate workers both here in the Philippines and in KSA on the main changes of the new HSW Standard Employment Contract, the pros and cons and dangers and rewards of working as an HSW in Saudi Arabia.

“I have directed the widest dissemination of a simple question and answer manual on the very important provisions of this agreement, which should give us the opportunity to really deliver the message to Philippine recruitment agencies. Saudi foreign placement agencies and employers, prospective Filipino HSWs and the concerned Filipino public that we mean business when we say the deployment of HSWs is highly-regulated, with a very strong bias for welfare and protection,” Baldoz said.

She also persistently clarified that the welfare and protection of the HSWs should begin in their department. They should take advantage on the new agreement and make sure that there will be no HSW that will be abused by recruitment agencies, no HSW will be exploited and used for other peoples advantage.

To ensure that only qualified and with required competencies are allowed to be HSW in Saudi Arabia, Baldoz asked Administrators Cacdac and Dimzon to work with Technical Education and Skills Development Authority (TESDA), look into the Comprehensive Program on Training, Assessment, and Certification for HSWs, and review jointly the module on OWWA mandatory language and culture.

The “notoriously undesirables” should be cleared so TESDA together with POEA is tasked to work on a system that will regulate and monitor the training centers. She added that, “I also asked OWWA and the NRCO to vigorously promote the national reintegration program, including its livelihood components, such as the Balik-Pinay, Balik Hanap buhay Program, to provide our people a clear and better option to stay and not work abroad as a HSW.”

Baldoz explained, “On the other hand, the POEA should further tighten the screws on erring employers, as well as recruitment agencies–both local and foreign. It should go hard against any or all of them, not only those hiring HSWs, but [also] any OFW. It should simplify further its own processes and, as I have said last January, make it “easy to do” business for those who comply and “easy to go” for those who violate our rules,” “I have assigned Undersecretary Danilo P. Cruz, cluster head for employment, to be on top of all these sustained welfare and protection activities and measures for our HSWs.” she added.

The new SEC for HSWs, which contain 19 articles, spells out strong and exact provisions on income (minimum US$400) and the manner of its payment (bank account to be opened by the employer for the HSW in Saudi); rest hours (at least 8 hours of continuous rest) and rest days (at least one day per week); and paid vacation leave in the Philippines (30 days for every two years of service with free round-trip economy class air ticket).

Employers are required to give the HSW appropriate and clean home with suitable food, and when sick the employer should shoulder the expenses and let the HSW rest with continuous pay. Upon the end of the two-year contract and in case termination, free transportation from Philippines and back is also required from the Saudi employers.

The employer should repatriate the belongings and remains of the HSW to the Philippines in case of death. The employer should also be in charge of the HSW in the event of war, civil disturbance or major natural calamity. In addition, in case if the HSW became seriously ill or is medically proven that cannot work anymore, it will be the employer’s expense.

According to Baldoz one of the most significant protection and welfare assurance is the treaty and procedure on the clearance of disputes linking the HSW and the employer.

Responsibility of notifying the employer on the departure from the Philippines and arrival to Saudi Arabia of the HSW (the role of the Philippine recruitment agency and the Saudi recruitment agency); common respect; reportage of work (HSW to work solely for employer and immediate household); and expense of residence permit (iqama), exit/re-entry visa, and final exit visa, including renewals and penalties resulting from delays (the employer’s responsibility). Any deduction from the HSW’s salary is prohibited; passport and iqama should always be in the possession of the HSW; employers should allow the HSW to freely communicate with her family and the Philippine embassy. These are the eight special provisions of the new SEC. Baldoz gladly expressed her fulfillment with this new SEC and wants it to be a model and be applied to other countries that accept HSWs.

As Baldoz instructed members of the Philippine side, of the KSA-Philippines Joint Technical Committee, will continue its bilateral talks with the Saudi officials on other arrangements and areas of cooperation that remained unsettled.

She also wanted the unfinished items, as the signing of the bilateral agreement on HSW to be done hopefully by the end of the year.