Filipino labour office seeks stay of ‘list’
Confusion reigned Thursday as local government officials and Filipino representatives in the Cayman Islands tried to determine why the British Overseas Territory was placed under a Filipino worker ban, along with 40 other countries and territories around the world, by the Philippines government.
Late Thursday, the Philippines Labour Department released a short statement, indicating that any further action on the list of “banned” countries should be deferred until Filipino officials had a chance to meet with officials from those nation-states.
“All I can think of is that the person who made the negative recommendation did not perform a proper research on the Cayman Islands, which led to this burning issue,” said Arturo Ursua, the Honorary [unofficial] consul for the Philippines in the Cayman Islands.
A statement was released late Thursday on the matter by Philippines Foreign Affairs Secretary Albert Del Rosario:
“The Philippine Government gives the highest importance to the safety and welfare of overseas Filipinos and we continue to reinforce our partnership with Congress and other stakeholders on this crucial issue.
“Pursuant to Republic Act (RA) 10022 of 2009, amending Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, which took effect on 08 March 2010, the deployment of overseas Filipino workers (OFWs) will only be made to countries which protect OFWs.
“In the implementation of that law, on October 28, the Philippine Overseas Employment Administration (POEA) issued a partial list. However, the Department of Foreign Affairs (DFA) believes that there are compelling reasons to defer further action on the list.
“The list does not seek to pass any value judgment on any country. It serves as a crucial benchmark for all government agencies concerned to work for the betterment of the safety, welfare and working conditions of our nationals.
”There is a need for the Department to have ample opportunity to dialogue with these countries. Such a dialogue would be to the benefit of Filipino workers already there and those planning to seek gainful employment in those countries.
“We will do all that is necessary to protect our nationals overseas. Ultimately, good and friendly relations with all nations allow us the ability to work on behalf of our nationals overseas.”
The local government’s Portfolio of Internal and External Affairs said they were still trying to go through diplomatic channels Thursday to determine why Cayman was placed on the worker ban list with the likes of Afghanistan, Libya, and Zimbabwe.
According to a resolution issued from the Philippine Overseas Employment Administration governing board earlier in the week, the Cayman Islands was included on the list of 41 countries or territories where the Filipino worker ban has been ordered.
A 2009 Philippine law requires that workers only be sent to countries that provide legal protection to foreign labourers, are a party to international labour protection accords, or have agreements with Manila that guarantee against abuse.
It was not immediately clear what effect, if any, this worker ban would have in Cayman, but the most recent immigration numbers show there are about 2,400 Filipino workers in Cayman on permits.
Nearly 10 per cent of the Philippine population – some 9.4 million people – work abroad, with many going to the Middle East.
Carlos Cao Jr., who heads the government’s Philippine Overseas Employment Administration, said the bans will take effect 15 days after the order is published in major newspapers.
In Cayman, Mr. Ursua, an engineer by trade, was in contact with the Philippines labour attache at the county’s Washington DC embassy.
“I was told that her office has no explanation as to how the certification was arrived at by the Department of Foreign Affairs or the Philippine Embassy, if the latter made the negative certification,” Mr. Ursua said.
The honorary [unofficial] consul said he sent a copy of Cayman’s Labour Law to the embassy office in Washington for their review, and also sent the document to the Philippines Overseas Employment Administration.
Cayman’s Labour Law sets strict guidelines on how many hours a worker can be employed per week [45] prior to receiving some overtime payment, and only allows a worker to forego extra pay if they agree to do so. However, there have been cases brought before the Labour Tribunal in recent years that involved accusations that employers were forcing their workers to sign those declarations.
Mr. Ursua said the Philippines resolution which led to the labour export ban against the 41 countries stated that existing labour and social laws must protect the rights of all workers, including migrant workers.
“While the Cayman Islands Labour Law may not be specific about migrant workers, the law is protecting the workers, as well as the employers,” he said.
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From money laundering to worker abuse we just sink lower and lower in the eyes of the world.
Hip Hip Hip Huray, cause some of them are too facety, think their are better than you.
Of course the Philippines government will try to extend its influence in support of its citizens in Cayman. Very quickly these foreign countries learn that Cayman easily bent to critics..
With one pointed cry the Philippines are saying as a group we want a raise; Never mind that Cayman with it’s great social sensitivities seek a minimum wage for all..
Defend yourself Cayman, slowly but deliberately remove any and all treat to national/economic security, to include those who would use economic treats to demand special Favor, Remember most do take kindness for weakness..
I once wrote that Cayman’s false economy could be adversely effected by one country recalling it citizens..
Mr Solomon; try to get those key positions covered, Cayman has to be in the position to carry on during and after any kind of war..
@caymanian-on-guard
i’m with you on this one… that is exactly what they need to do… unfortunately, you can’t buy IQ, knowledge and skills at Fosters so you have to all drag your behind to school or to trainings and start having the correct mindset. Just moaning about issues won’t do any good. You all actually have to work! As long as people in this island are lazy, nothing will change.
This move of the Philippine Government is showing to the entire world that they are protecting their people, which is commendable, but for Cayman Islands to be included in the list, is quite unfair, it might be true that there are some abuses, but those are just isolated cases, e.g. overtime not paid and some petty misdemeanors of some employers to cut cost. The fact that the Labour Board punishes Employers that violates the workers right, just shows that there is a Law in place that protect workers regardless of race, it shows that there is a venue to address Labour disputes. The context of this worker ban is not bad. the question is, have they done thorough research as to the workers condition here in Cayman that would allow them to include it on the list. It might be true that there is no Bilateral Agreement between Cayman Philippines, but to equate Cayman with those other countries on the list is a far cry. Working in Cayman is most safe compare to others on the list and it might not be as comprehensive as it is, but the important is there is a law that protects workers in Cayman Islands.
tulips_forever…the important thing is having the law, it is not, it is enforcing the law.
Like so many laws in Cayman, many are not actually applied are they?
Philippine government says that they are just protecting their people, come on. We have human rights, labour law, pensions, health insurance, complaints comission here. What protection do they want still? What they need to do is mind their people at their place first before minding somebody whose making their future here. If those 2400 Filipinos goes back to Philippines, will their government can offer them jobs with salaries at least 1500.00 u.s. a month. Impossible. Plus Cayman is British teritorry, it means under Queens responsibility.
The Philippines Export their citizens as labourers, to Import/Draw money from all countries in the world, to the betterment of their own nation.
Incredibly smart strategy!
Who’s the winner and who’s the loser in this scenario?
The winner is The Philippine Government;
The losers are:
1) The people who have left their country, to work overseas, to provide the best they can for the families they left behind, earning substantially substandard wages.
2) The unemployed people of the countries, in which the Philipinos have accepted jobs for substandard wages.
(Locals, willing or not, could not survive their lifetime in competition with those who come and go: especially when other’s currencies are worth a fortune in their own country.)
3) Us, Cayman!
The labour export ban list of 41 countries is a push to up the wages of the Philippine Government’s largest Asset; the 9.4 MILLION people who work abroad!
We employ about 2,400!
Look at the percentage; we employ the least amount of their people in the world!
Yet, somehow, we get included in a list of nations that, where some of them, treat their citizens worse than we do our criminals.
It’s their choice and it’s unfortunate they’ve chosen to break their ties with us.
On the other hand, they’ve damaged OUR reputation worldwide and this is UNACCEPTABLE.
You people, and the Philippines consul are all ignoring the elephant in the room. In simple terms the action by the Philippine governments is about other governments who do not protect foreign workers from abusive situations.
So for now let’s ignore the forced overtime, improper deductions, failure to remit pension and health insurance deductions, which are all far more common than they should be (and you are guaranteed to lose your job if you report anything). Any of those abuses is enough to convince expats to leave, and many have.
But, the biggest single abuse of foreign workers on Cayman is the rollover policy. With that elephant in the room I really can’t believe that people are acting surprised by the actions of the Philippines government.
The rollover policy is an official and abusive policy of foreign workers. I wonder how long it will be until other countries take notice.
I wish we could edit our own posts. That 2nd last sentence needs work.
OldDiver
I agree; writing off the cuff is not such a great idea sometimes.
It’s like shooting yourself in the foot whith a supposedly unloaded gun.
OldDiver.
I’m guilty of that as well!!!!!!
The rollover policy can be viewed as abusive in some circumstances.
I’m not talking about any people in general now.
Those who come to work in Cayman are well aware of the Government’s policies.
Yet there are individuals that I’ve known who’ve fallen in Love with the people, the culture and the land and have been, in my opinion, abused by these policies for no fault of their own.
They’ve given more than they’ve taken; and I’m not speaking monetarily!
They’ve positively impacted and enriched the lives around them, plus the community and the island in general.
Most of them would not be considered KEY employees, but they most assuredly would be considered and valued as KEY citizens (more so than others who have been born and raised here).
These are the ones I feel sympathy for.