More good news for OFWs

The OFWs are among the most exploited workers in the country despite all the protective laws, regulations, and draconian measures undertaken by government through the DOLE, POEA, OWWA, the DFA, the Labor Attaches, Welfare Officers and the Ambassadors and Consuls. They are often victimized by greedy and unscrupulous recruiters who collect all sorts of excessive placement fees, make them sign onerous loan agreements, compel them to contract substitution with unfair terms when they arrive in the host country, and even “sell” them to other employers for money or for malice. Many fall into prostitution rings and trafficking syndicates, and others are used as illegal drug couriers, and they end in prisons or death row. Others are raped, mauled, maltreated, and subjected to all forms of debasement.

I am happy to report that in the darkest times of the OFWs’ sufferings, there is still a ray of hope. Last week I won case as ‘’pro bono’’ lawyer to 21 victims of illegal recruitment who were hired as nurses for Kuwait but ended as caregivers with much lower salaries and under very harsh working conditions. The POEA and the NLRC decided in their favor despite all the attempts to harass, bribe, intimidate, and fool them again. But this is not the real good news. What we are happy about is the Supreme Court decision in the case of Powerhouse Staffbuilders released by the SC on November 7, 2016 in GR 190203. This is another major victory for the migrant workers like the Sameer case of August 5, 2014 (GR 170139) and in Gallant Maritime of March 24, 2009 (GR 167674).

The Powerhouse case involved an OFW forced to resign while abroad. The court held it was an illegal dismissal. The local recruiter should be held liable for the illegal act of the principal employer in the Middle East. Thus, all the salaries for the entire remaining unexpired portion of the two-year contract should be paid plus interests of 6 percent per annum. The placement fee should be returned to the OFW plus 12 percent interest per annum. All the money illegally deducted from the OFW should also be returned with interest. The agency here is still liable even when the foreign principal abroad has shifted to another agency. The OFW is not affected by whatever schemes or machinations that the recruiters and the foreign employers entered into to escape liability.

The court stressed that the law hates and punishes acts of contract substitution, that nefarious practice of forcing the newly-arrived OFW abroad to sign another work contract with lesser pay, longer work days and hours, and with less benefits and protection. Only the POEA-approved contract will be honored. And the law of the Philippines shall apply even if the work is abroad because of the legal principle of ‘’lex contractus’’. It means that the law of the country where the contract is signed shall prevail, not the law of the country where the worksite is located. Also, corporate officers are liable in their personal capacity under specific circumstances like malice, bad faith or gross negligence. This case illustrates once again that we have a government that takes care of the most vulnerable workers. We have hope.