Our Desk | New regulation shouldn’t be a burden after all

Lynzy Valles

The new regulation for overseas Filipino workers to acquire an overseas employment certificate have caused anger, frustration and criticism amongst the community for the past two weeks.

The new measure is a memorandum circular from the Philippine Overseas Employment Administration (POEA) that states guidelines on the processing of returning overseas Filipino workers in accordance with its rules and regulations.

Heavily reported on media outlets in the SAR, the move is criticized as it had allegedly caused trouble for some employees due to the fact that they have to acquire a number of documents from their employers, which includes personal data – something that does not sit well with some due to privacy concern. 

This move was said to protect migrant workers in the region – which I personally agree with.

Yet main reason why these foreign workers have been criticizing the new measure was because they are aware that employers are not used to handling something that would protect them and their rights.

The new measure includes the need for employers to sign an addendum that would require employers to cover the cost in case of repatriation – another signatory that would bother employers as they may not be used to having a standard agreement that actually involves being accountable in case anything happens to the employee.

Upon having all these documents, the office can officially verify their labor contracts.

These guidelines are not new back in the Philippines as the proper way to get a job abroad was to go through POEA – with the bureau assisting with contracts and other requirements that a departing employee would need.

However, the case is not similar in Macau as the majority of these workers are hired in the SAR on tourist visas – thus accept any conditions that employers offer. 

Therefore, these guidelines – requiring the Philippine Overseas Labor Offices to verify the documents of workers not previously registered with the POEA – serve as a hassle to these workers.

One of the requirements is a working contract – something that not all migrant workers have; and something that some employers would refuse to provide, as they may have not complied with what was written in the signed contract.

Although, admittedly, I agree that all these new requirements are time-consuming to acquire, the blame should not be put on the consulate as these memorandums have only been disseminated by the Philippine government.

The problem magnifies when the community rants on social media, telling stories of stories, which in the end confuse these workers on what is actually being implemented.

This then led to major confusion amongst the community – doubting whether or not they are also required to do the same procedure; when in fact such regulation also has exclusions. 

I believe the main problem just lies within what we were used to – the easy system of employment in the city.

Involving the employer in these measures is something that both parties are not used to, as well as including them in the responsibility in case something happens to their workers is something that troubles them.

And the problem that arises for employers? Of course, it would be the fact that some do not follow what is written in the contract – whether it is in regards to pay, working place and most especially, working hours.

We all know that employment contracts, particularly for domestic workers, are just a number of papers submitted to the labor bureau for official purposes. Maybe what we need are just more employers who are willing to bear responsibilities that are rightfully theirs.