Filipino Migrant Workers

ftlt ptno tr{tgrant Workers
in 5 inga pore, lr{alaysia and Brunei:

What They Need To Know...
(...and What They Have To Tell)
A publication by the Ateneo Human Rights Center
ftl t p tno Mtgrant Workers

tn Stngapore, Malaysia and Brunel:
What They Need To Kno\ry... (.., and What They Have To Tell)
Amparita S. Sta. Maria Gilbert V. Sembrano Ma. Glenda R. Ramirez

writers
Ateneo Human Rights Center G/F Ateneo Professional Schools Rockwell Center, Rockrarell Drive Makati City, Philippines 1209
,-:l.45r4.lllltn-e-
Acknowledgment
The publisher gratefully acknowledges the generous support of The Asia
Foundatioo
The Philippine Embassy aosistance they extende4
in
Singapore, Malaysia and Brunei
for
the
The migrant workers and the various migrant-frimdly organizations in singapore, Mjaysia and Brunei for the valuable information and insights tliey
offere4
Amparita
S. Sta.
Maria for the title and concept cover,
Raquel F. Constantino for helping with the final editing, and

rl
-l
the staff of the Ateneo Human Rights Center.
'.','l{
Any part in this publication Evry be quoted or reproduced for noncommercial PurPoses with appropriate acknowledgment'
Copyright 1999.
Ateneo Human Rights Center, G/F Ateneo Professional School+ Rockwell Center, Rockwell Drive, Makati City 1209
Published
by the
Philippines.
1r
ISBN
Jtg,
Tablc ol Llontente
lntroduction Chapter 1: Existing Legal Mechanisms for the Protection of Migrant Workers
2. Work Permit Processing Schemes
vtl
._t-
Applicable Laws
a.
T'he Employment of
ForeignWo*,ers Act (7990)

14 15
A. Principal law governing migrant workgr!

Migrant Worlcers anil Oaerseas Filipinos Act of 7995 ..... ..... ......
The
1. Workers Covered ................ ' '........... '......... 2. Levy and Security Bond ......................'....... 3. Medical Examination .................................. 4. Pregnancy Test for Domestic Workers . '.. '. . .....
16 17
b.
1
.
Employment Act
4.
1. Definition of Terms ........... 2. Punishable Acts and Penalties 3. Repatriation
....
,,,,,,
,,, ,, ,,,, ,., ,,, ,,,
'The Migrant Workers and Overseas ltlllpho Resource Center (Filipinos Resource Cntst) ,,,, ,,,,, i,
3 3
1. Workers Covered ....,........... 2. Terms and Conditions of Employment '......... 3. Benefits

Problems Encountered and Remedies Sought
77 79 79
B. Departrnents and Agencies on Labor Mlgfrtlon

Philippine Oaerceas Employment AdminiatntJgtt,,,,,,,.,,, Ooerse as Workers' Welfare Administn tion,.,,,, | | | r,,,,,,,, i Departmznt of Foreign Afairs
4
6
ContractViolations ............ b. Conditions of Work ........... c. Violation of Local Laws
a.
2L
25 27
B. MALAYSIA
.....'..................... 27 Brief 2. Legal Mechanisms Relating to Employment ...... 29 of Foreign Workets
7.
Chapter IL Overseas Bmployment On Slte Problems and Available Legal Remedies , , , , , ,, ,,,,
Background
,, ,,,, ,, ,,
A.
.................
Singapore
1. BriefBackground..,,,,,...,... 2. Legal Mechanisms Relating to Employmcnl ,*r,,.,.,,,

of Foreign Workero .,..,,...........
I
10
a. b.
Foreign Worker Policy .......... Irnplementing
Agency
...............'......-... 29 . . .. ...... .. -. - 29
29
Ministry
of
llwnan
Resourczs
and Departnent of Labour
..................................
a.
Foreign Worker Pollcy b. Implementing Agency

The
10
,,,,,,,,,,,,,,
11
Applicable Laws
Ministry ol Manpowet (MOM)

Pass
a.
11
The Employment Act
(L955) .....
37
1. Work
Framework Scheme
1.
lll
32
Workers Covered ... .....
2. 3.
Terms and Conditions of Emplopnent ... ...... Benefits

Act (j.968)
....
JJ
36
b. Enployment (Restriction) c.
38
4.
Wornen
Special Provisions Relating
to Employment of '.'........65
Worlonen's C.ompensation Act (7952) ..........
.....
38 39 39
b, Workmen's Compensation Act

1. Workers Covered
1. Workers Covered . ...... ...... 2. Benefits
..
2.
Benefits
.,..... '...,..... '.. '...... '.......... '. 66 ...........67

Order of1997
d,. Immigration Act (7959fl963) or ACT LSs
c. Energency (Public Entcrtainment)
......
67
e. Passport Act (L966) or ACT 150

4.
Violations ...
4't
a. Contract Substifution and Contract b. Conditions of Work........... c. Violations of Local Laws .

c. NEGARA BRUNEI DARUSALAM
1.
a. Contract Substitution and Contract Violations . '.... 68 ...'...73 b. Conditions of Work ............. ....-....-.... 75 c. Violation of Local Laws
Chapter III RA 8042 in Application: Cases decided by the Philippine ]udicial and Labor Courts '..'.........'... 76
45 48
BriefBackground
Legal Mechanisms Relating to Employment of Foreign Workers
...........................
A, Money
50
51
51
Claims '...
B, Illegal Recnritrnent ........
...........76 .............. 80
2.
a. Foreign Worker Policy b. lnplementing Agency

Brunei Labour Cnmmission ...
J.
53 53
Applicable Laws
a.
The Labour
Act (7955)
1. 2.
3.
Benefits
Workers Covered ......,................................ 55 Terms and Conditions of Employment ........... 57
...........64
Filipino Migrant Workere in Singapore, Malaysia and Brunei
lntroiluction
The globalization of the world economy has hastened the glowth of intemational labor migration. It is one of the major iactors which has shaped the movement of migration for work. In the Asian region, the rise of the so-called "Tiger economies" in the 1980s also Played a major role in providing for a market particularly for overseas Filipino workers (OFWs) in the domestic and service sectors. The Philippines has adopted the poliry of exporting labor ostensibly as a temPomry meaflre; while acknowledging that remittances from OFWs continue to provide a steady and stable source of badly needed dollars to boost its fo.reign exchange resewes. However, the onset of the Asian financial crisis in the late 1990s, aggravated by the increase in its unemployment rate, has made it more evident that labor export shall persist to be a policy of the Philippine government and that the prospect of the economy absorbing a sizable amount of retuming migrant workers to its workforce by the new millenium, remains bleak.
Against this backdrop, it is vital that the protection of migrant workers, whether potential or actual, takes Priority in the govemment's policies and Prografirs. The dangers of overseas work cannot be overemphasized. Its very nature predisposes workers to exploitation and can very well make them vulnerable to human rights abuses, especially the so-called unskilled and
semi-skilled workers. This manual aims to examine the existing mechanisrrs for legal protection afforded by the Philippines as a sending country to migrant workers specifically in the domestic and service sectors, with particular focus on Republic Act No. (RA) 8042' It
vll
i&,
Filipino Migrant Workers in Singapore, Malaysia and Brunei

assess how the Philippine govemment through its diJferent departments and agencies, have been effective in protecting the OFWs, based on the actual problems encountered by the migrant workers and the solutions they had sought ?risri-ois the available remedies provided by existing laws, both at the home front (during the pre-employment and post-employment stages) and at the work place (during the employment stage). It will give a background on the policies and laws goveming foreign workers, specifically in the domestic and service sectors, in Singapore, Malaysia and Brunei as receiving countries and offer insights on how these laws have either helped or hindered the protection of migrant workers in the aforementioned categories. In Singapore, the problems discussed would be focused on domestic workers while in Malaysia and Brunei, probleru of other unskilled and serni-skilled workers shall also be discussed. Decisions by the Philippine judicial and labor courts shall likewise be presented in question and answer form to illustrate how RA 8042 has been applied in actual cases filed by migrant workers.
Filipino Migtant Workec in Singapore, Malaysia and Brunei
will
Chapter 7: Exkting Legal Mechanisms for the Prctection Migrant Workers
of
A, Principal law governing migrant workers

Tfu Migrant Workers anil Ooerseas Eilipinos Act of L995: RA 8&2 and its Implementing Rules and Regulations:
1.
Definition of Terms Under this law, a migrant workets is defined as a Person
who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a legal resident. The term mi$ant worker is also to be used interchangeably with "Overseas Filipino Worker." (Art Z sc.2lal
bnplementing Rules)
It is hoped that this manual could sewe as .rn eye-opener to potential migrant workers, in order to raise their awareness on the social and financial costs of migration for worlg and to lawyers involved with migrant workers, for them to have an insight on how RA 8042 has so far been applied and interpreted in court.
Mgtant workers, however, are classified into two, namely: documented mi$ant workers and the undocumented migrant workers. Documented migrant workers are those who either 1.) possess valid passports and visas or Permits to stay in the host
country and whose contracts of employment have been plocessed by the Philippine Overseas Employment Administration (POEA), if required by law or regulatiory or 2.) are registered with the Migrant Workers and Other Overseas Filipinos Resource Center or by the Embassy. (tut. 2, *c.2 [d], Implementing Rules) On the other han4 undocumented migrant wotkers refer to those who do not fall under the definition of documented migant wolkers. (Art. 2,
sec.2 [e],
Lnplementing Rules)
2. Punishable Acts and Penalties
comrrritted by an unlicensed agency or person engaging in lecruitment activities
The act
of illegal recruitrrent is
Filipino Migrant Wotkers in Singapore, Malaysia and Brunei
(including adznrtising or promising job openiflgs abroad, contracting, hiring, transporting uorkers, whethet for Woft or not). IlIegaT recruitrnent may also be carried out by any person or agency, whether licerued or not, when the following acts are committed: overcharging of fees, giving false information to get license, recruiting for jobs hannful to the health and morality of the worker and to the dignity of the country, contract substitutioq withholding travel documents for financial consideladons not authorized by law, failure to deploy worker without valid reason and failure to reimburse worker for documentation and processing expenses in case of non-deployment). (RA 8042, sec.6) RA 8042 provides for the following penalties for the act of illegal recruitnent 6 years and 1 day up to 72 years and a fine between PhP200,000.00 up to PhP500,000.00. The maximum penalty is imposed if the victim is a minor or if the person/agency is unlicensed. The penalty of life imprisonment and a fine between PhP500,000.00 up to PhpPlM may also be imposed if the crime is considered as economic sabotage, i.e., when the act of illegal recruitment is carried out by 3 ol more persons acting in conspirary or when illegal recruitment is committed against 3 or more persons. (RA 8042, Sec.4
o .
criminal cases for illegal recruitrnent are filed before the judicial coults to be prosecuted like any other criminal complaint (Sec.9); and
administrative cases against licensed and registered recruitrnent agencies may be filed before the POEA'
(Presidential Decree No. 797)
3. Repatriation
As far as repatriation of the migrant worker is concemed, the law provides that all costs for rePatdation shall be borne by the principal and/or local agency in case the termination of employment is not solely due to the fault of the wotker. In case
the principal/agency could not be identified, repatliation costs shall be borne by the Overseas Workers Welfare' Adrninistration (OWWA) EA sMZ sec. 1s). (For undocumented migrant workers, repatriation is effected by the Departrnent of Foreign Affairs [DFA]) The law also requires the mandatory repatriation of migrant workers whose ages fall below the minimum required for deployment (cunently 21 years old) by the officers of the foreign
service,
(Sc. 16)
As regards the filing of cases by the migrant worker, the l4w provides for the following procedures:
4.
money claims arising out of employer-employee relationship (incluiling moral and exemplary ilamages) are filed with the Labor Arbiter of the National Labor Relations Commission (NLRC). The cases must be decided within 90 days after filing of the complaint. The recruitment agency is held solidarily liable with
the principal employer. (RA 8042, sec. 10);
The Migrant Workers and Overseas Filipino Resource Center (Filipinos Resource Center)
RA 8M2 further provides that a Filipino Resource Center shall be established in countries where there are at least 20,000 migrant workers or when necessary. It shall be deemed part of the Philippine Embassy or Mission premises. (Implementing Rules, sec. 41) The Center shall operate on a 24-hour basis including Saturdays, Sundays and holidays. (Sec. 45) The services to be provided are the following:
counselling and legal assistance
Filipino Migrant Worken in Singapore, Malaysia and Brunei
. welfare assistance + medical and hospitalization services . regrstration of undocumented migrant workers . implementation of voluntary membership with OWWA . trairdng and skills upgrading . gender-sensitiveprograms . o entation programs for returning migrants o conciliation disputes arising from employer-employee
relationship
B. Departments
and Agencies on Labor Migration

(P
Philippine Overseas Employment Administration
OEA)
The POEA is an attached agency of the Department of Labor and Employment (DOLE) rnandated to regulate the overseas employment of Filipino workers. It was established by Presidential Decree (P.D.) No.797 tt1982.It is in charge with:
may apply for overseas work in 3 ways: via private recruitment agenry; via direct hiring (Name Hire); and via POEA Placement Branch)]. For workers availing of the services of a recruitment agency, the latter should be registered with the POEA with existing job orders. In all of
the three modes, the contract of employrnent must conform to the minimum standard set by the POEA (such as: guaranteed Tonges for regulnr working hours; ooertime pay for seruices rendered beyond regular working hours; free transport lrom point of hire to site of employment and return; free emergency, medical and dental treatment and facilities; just causes for termination of contract; utorker's conlpensation benefits and zuar hnzard protection; repatriakon of worker's remnins in cflse of death; assistance on remittance of worker's salnries; and ftee and adequate board and lodging facilities) and must be signed by
Processing
of empioyment contracts [(landbased workers
the employer and employee. In case of domestic workers, the contract must be authenticated by the Philippine Embassy. A11 workers must also undergo psychological tests. Name Hires must also undergo medical examination under accredited medical clinics of POEA, and so with workers where said examination is required by the destination country. Overseas performing artists (OPAs), in additioru are required to undergo training and testing, although exceptions may be granted by the Secretary of Labor. Training skills are only given by accredited training centers after which the OPAs will undergo academic and skills testing for the purpose of issuance of a Competency Certificate. An Artist Record Book (ARB) is also issued by the POEA which contains information on the artist's trainin& academic skills, (audition) tests, Competency Certificate. Number, and overseas employment history. It shall also indicate the artist's personal data and the talent/skills she or he Overseas Employment Certificate is also possesses. An issued to all workers after payment of the processing fee of $100.00 and OWWA contribution of $25.00.
Accreditation of Principals (foreigners hiring Filipino workers through an agency)
Approval of )ob Orders (after inspection and verification by the Office of the Labor Attach6 in the jobsite)
Licensing and Regulation of private enployment agencies [(requires minimum capitalization of PhPIM; cash and suety bond of PhP100,000.00 and PhP50,000.00 respectiVely; licensing fee of PhP30,000.00; NBI clearance (to check criminal records)]
Adjudication (cases filed against recruitment agencies for recruitment violations which may lead to suspension or
.tl
Filipino Migranl Workers in Singapore, Malaysia and Brunei
cancellation of license)
Welfare Services [(conducting pre-employment olientation seminar (PEOS) and pre-departure orientation seminar (PDOS) for workers. The first gives information on the rules and procedures for overseas employrrent to avoid illegal recruiters. The latter deals with the rights of the workers under their contracts, country profile of the destination country/ obligations as workers, coping mechanisms and survival tips and available support networks from
government and non-governmental organizations (NGOs)]. Issuance of Overseas Employment Clearance (OEC) for all Overseas Conbact Workers (OCWs) and issuance of Artist Record Book (ARB) for OPAs only - to be presented together with the employment contract PDOS certificate, passport with visa and plane ticket at the Labor Assistance Center (LAC) before checking in at the airport. The OCWs are also exempted from the airport ternrinal fee. lpurunnrNr OlrRsEAs EMpLoyMENT ADMTNT9TRATIoN, OCW HANDBOoK GABAY PARA sA MANGGAGAWANG Prl,rprNo, G1L, -27 (79%); pHrupplNE OIGRSEAS EMpLoyMEMr ADMNISTR {TroN, RULFS AND REGULATToNS GovERNrNc OITRSEAS
EMnoYMEN"r, 9-12 (1991)
The O\ /WA has a Peer Counselling Project for Wonen aimed at providing for a mechanism for assisting women workers in coping with the adverse effects of overseas migration. This is done through the delivery of counselling services to women in $oups, both on the homefront and on the jobsite. This is also implemented with the help of Labor officers and NGO tie-ups. (Vivian F. Totnea, Tle Goaemment Welfarc Ptogram for Filiino Woften Oaerseas
contract Workerc,
[Carlos P.
tt
OCws IN cRIsIs: PRorEcnNG FILIPINo MlcRANr woRKERs 26
Medina Jr., et al., eds., 1995])
Department of Foreign Affairs (DFA):
Outside Philippine jurisdiction, protection
of
migrant
workers are dependent on existing local laws of the destination or receiving country and to a large exten! the assistance offered in whatever form by the Philippine govemment represented by its enbassies and consulates. It is the DFA #hich is tasked to intervene and intercede in behalf on the OFWs. Labor Attach6s which are sent by the Department of Labor and Employment (DOLE) in the foreign posts are also put under the supervision of the Philippine Embassy or Consulate under the "Country Team Approach."
O.zterseas
Workers' Welfare Administration (OINWA) :
The DFA issues circulars for the protection of migrant workers on the jobsite. Some of these circulars are as follows:
The Welfare Fund for Overseas Workers (Welfund) was created under P.D. No. 1,694 n 1980 for the purpose of providing social and welfare services to Filipino overseas workers, including insurance coverage, legal assistance, placement assistance, and remittance service. In 1987 under Executive Order No. '126, ilis body was renamed the Overseas Workers' Welfare Association. OCWs are required to contribute to the O\ /WA a rnembership fee of $25.00. This may be renewed at the option of the worker on a yearly basis. These conhibutions are a source of funding for OWWA projects and services.
requfuing all Foreign having difficulties/problems such as violating the laws of the host country, \.iolation of their contracts and illegal recruitmen! Foreign Service Circular No. 221-86
Service Posts
to assist Filipino nationals
Foreign Service Circular No. 24686 - requfuing Posts, where financially possible, to conduct periodic visits at jobsites of OCWs;
,&
Filipino Migrant Workers in Singapore, Malayeia and Brunei
ForeiSn Service Circular
No. 300-87 - requidng
all
Ambassadors and Principal Officers in cooperation with the Labor Attach6s/Chiefs of Mission to require Filipino women workers to register and their whereabouts/conditions be closely monitored;
to the public. Ultimatelp these seryices are intended to assist individuals in making informed decisions about working and settlement ovelseas, MAIN also intends to tap NGOs, civic and religious groups and the academe as active Partners in its
serrrices
varied activities. (MAIN
Press Kit issued by the CFO, May 28,
197)
Foreign Service Circular No. 335-95 - providing for the mandatory registration of all Filipino nationalE overseas and the issuance of a certificate of identity and re$.istration whidr is valid for 2 years; and
Foreign Service Circular No. 125-96 - requiring all Posts where there are large concentrations of Filipinos (2Q000 or more) to submit a masterlist of Filipino migrant workers; an inventory of pending legal cases involving Filipino nationals (including
Chapter ll: Ooerseas Employment: On Site Prcblems anil Ao ailable Legal Remeilies
A. Singapore 1.
Brief Background
those sewing sentence); information
on the working
conditions and problems encountered by OCWs; on initiatives taken by the posts; on changes in the laws/policies of the host county and on the status of negotiations on bilateral labor agreements with the host country.
Singapore is a prosperous city-state, slightly smaller than Metro Manila and situated in Southeast Asia. It is accessible via a 3-hour flight from the Philippines. Because of its size and small population, laws are easily but strictly enforced. As both the Philippines and Singapore are members of the Association of Southeast Asian Nations (ASEAN), Filipinos can travel to Singapore without a visa for 14 days arrd aicetersa.
The ethnic composition of Singaporeans is predominantly Chinese, with some Malays and Indians, and a small number of Eurasians. Although majority of the population speak English, Chinese is the language spoken by the people.
On May 28, 7997, a Memorandum of Agreement was signed by and among twelve government agencies (the DFA, DOLE Commission of Human Rights (CHR), Comnrission on lilipinos Overseas (CFO), POEA, OWWA and the National Comrrission on the Role of Filipino Women (NCRFW), among others) to participate in the Mgrants' Advisory Information Network (MAIN). MAIN will serve as a channel for dissemination of information and promotion of community education on migratiorl provide visible and accessible
information, advisory and counselling services at the grassroots. It shall mobilize existing extension olfices and facilities of governnent agencies at the regional, provincial, city, municipal, town and barangay levels to serve as repository of information on migration facts and to deliver basic intervention and counselling
working .bluefrom veered away generally has population of Singapore collar jobs; thus, leaving this market oPen to foreign workers. Likewise, its womery who in the past merely attended to family and household duties, have now joined the worKorce and found it both necessary and affordable to hire domestic help' Thus, Singapore has been an open market for foreign workers, particuiarly in the setvice sector and domestic work.
Because of the steady growth of its economy, the
2.
a.
l,egal Mechanisms Relating to Employment of Foreign Workers.

Foreign Worker Policy
workers vulnerable to exploitation and abuse. Lr reality, though, Singapore is so aware of the foreign domestic workers' Positive impact on its economy that it has even instituted changes in the Work Permit Departrrent (WPD) just to facilitate the emPloyment
of such workers . (See iliscussion on Work Permit Proczssing Schenzs)
b.
To regulate the employment of foreign workers, Singapore imposes a quota on companies for hiring foreign workers and sets a limit on the dependency level such companies can have on these workers. In additiory a levy is also imposed on employers, whether companies or individuals for hiring foreign workers.
lnplementing Agency
The
Ministry
of Manpowet
(MOM)
However, restrictions are not only imposed on employers
but on the workers themselves. Women in particular who are holders of worker's permits (now R2 passes) such as domestic workers (as contrasted to holders of employment pass) are not allowed to become pregnant during their employnnent in Singapore. Thus, every 6 months, foreign domestic workers undergo pregnancy test to determine if they are abiding by such rule and to be sure that they will not give birth in Singapore soil. Having a reladonship with Singaporeans or perrranent residents of Singapore is also not allowed. finterviews with Philippine Embassy
and domestic workers, in Singapore (February 1998); Ma. Dulce Cecilia B. Aurba, Thz Filipina Maid Tradc in Singapofe: An Analysis of Welfare and Legal Prctection Extended by Philippines ahd Singapore, ir OCWS rN CRrsrs: PRoTECTTNG Frl,rprNo
1. Work
Pass Framework Scheme
Pass Framework Scheme for foreigners has been implemented as of September '1.,1998. Like before, the type
A new Work
of job acquired skills, talent and educational background of the worker largely deterrnine the kind of work pass to be issued and the restrictions/impositions on the emPloyer and the worker
alike.
Under this new scheme, there are 3 types of work passes:
19950 Hence, the yery policy of Singapore on unskilled foreign workers Iike women engaged in the domestic service, and the structure which reinforces this policy already discriminate against these category of workers and segregate them from the rest of the working society of Singapore. Such policy also deliberately ignores these workers' significant contribution to its economy, regarding them as a class of people not befitting to be part of the Singapore citizeruy. It is this State's overbearing posture that makes these
' The laws, rules and regulations have been accessed from the Singapo.e govemment,s wcbpag at hftp://www.gov.sg.mom (October 7, 1998)
MIGRANT WoRKERS 51 [Carlos P. Medina, Jr. et al., eds.,
P passes for those who hold administrative, professional and managerial jobs, entrePreneurs, investort as well as specialist talent such as world-class artists and musicians;
o Q passes for skilled workers and technicians; and o R passes for semi-skilled and unskilled workers whose
Work Pass P
employment shall continue to be subject to the full range of conhols in place today for Work Permit (WP) holders.
P passes are issued to foreigners who hold professional qualifications and seek to work in a professional managerial, or administrative capacity. These passes are also issued on a case-bycase basis to investors and entrepreneurs who can contribute to l1
l0
Filipino Migrant WorkeE in Singapore, Malaysia and Brunei
the Singapore economy as well as to persons of exceptional ability
in the arts, sciences, and businesses. Holders of the P Pass are allowed to bring their spouses and children otr Dependent's
Passes (DP) as well as parents and parents-in-law on Long Term Social Visit Passes (LTSVP). They can also work in all sectors of the economy. There is also no levy or restriction on *re number of P pass holders a company can employ.
Wo*
Pass Q
Q passes are issued to skilled workers and technicians and those with specialized skills needed by the Singapore economy. There are 2 categories of Q passes: a) Q1 pass - issued to those eaming a basic monthly income of more than 5$2,000 and possess an education qualification of at least 5 'O' level or possess a full National Technical Certificate-2 (NTC-2); and b) Q2 pass - issued to foreigners who do not satisfy either the basic monthly income or education criterion required for Q1 pass. A Q1 application is considered on a case by case basis taking into account the merits of each application while a Q2 pass is only issued on exceptional grounds. Applicants who qualify for Q passes are granted renewable work passes of 2 years in the fust instance and 3 years subsequently, or as per request, whichever is shorter and are allowed to work up to the prevailing retirement age. They can work in all sectors of the economy and thete is no levy or restriction on the number of Q pass holders a company can employ. Only Q1 pass holders are allowed to bring their spouses and children on DP. Work Pass R
company's dependency ceiling, etc. Within this category, there are 2 sub-.groups: (a) R1 pass - issued to semi-skilled foreign workers who hold a NTC-3 (practical) or other suitable qualifications. Their employers are required to pay a levy of 5$100 per month per worker; and (b) R2 pass - issued to unskilled foreign workers. Their employers are subject to the fuIl levy rates currently in place for unskilled 2-year WP holders. R pass holders are not allowed to bring in their immediate family members. They are also subject to security bond and medical examination requirements. as in the case of existing 2-year WP holders.
2.
Work Permit Processing &hemes
Anticipating the further increase in the number of application for work permits, the WPD embarked on an exercise
to re-engineer its business processes in August of 1995.
Workers
Arival
System (WAS)
The Workers Arrival System (WAS) is a 3-party electronic
Iink-up between the WPD and financial institutions, such as banks and insurance companies, and the Singapore Immigration at Changi Airport. WAS was introduced on March 7, 7998 to enable employers to bdng in the foreign worker on the next working day after their banks and insurance companies have transmitted the relevant infolmation to the WPD. With WAS, it is no longer necessary for the employer to make a trip to WPD. When the bank/insurance company has approved the guarantee furnished by the employer, the information will be transrnitted electronically to WPD. This information is processed and the data is downloaded to the Singapore Immigration at the Changi
Airport.
R passes are issued to semi-skilled and unskilled foreign workers. These are essentially the 2-year WP holders. Their employment continues to be suQect to the current controls in place for 2-year WP holders, i.e., sectoral restrictio& lely,
l2
Enhanced Electronic Application System (EASY)
13
The new enhanced Electronic Application System (EASY) using blternet technology, allows employers and employment agencies to access a wide range of services and transactions without the need for customers to make that extra trip to the deparhnent. Work permit applications submitted electronically are processed by the next working day, Close to 7O% of all wotk permit applications are now submitted electronically via EASY.
Employment Pass holder (generally professionals, technicians and those with specialized skills earning a salary of over 3$2,000.00) to apply for a WP. As of September 1998, all matters Pertaining to
the employment of foreigners including the

2. Levy and Security Bond
issuance of
employment pass have been transferred to tlrc MOM.
Employers of foreign domestic workers are also able to submit their work permit applications via. the Intemet. Applications via the Internet are processed within 3 working days. As an added convenience, employers of foreign domestic workers no longer need to submit hard copies of their notices of income tax assessment for verification. Through an electronic link-up with the Inland Revenue Authority of Singapore (IRAS), employers can authorize the WPD to verif their income levels electronically with IRAS.
The Singapore government imposes a levy on employers as part of the requirements for hiring foreign. workers; and in cases where the foreign worker involved is non-traditional (nonMalaysian), an additional securiW bond is exacted on the employers.
As of April 7, 7998, the Levy Rates have been revised.

While those corresponding to skilled workers were reduced, those corresponding to unskilled wolkers either remained the same or even increased. Rates for the domestic workers were increased by 5$15.00 per month.
3. Applicable Laws
Thc Employment of Foreign Wo*,ers Act (L990)
sector
Manufacturbg
Dependencv
Lever
This Act which came into force on January 1, 1991 requtues any person who wishes to employ a foreign worker (except a Singapore Permanent Resident or an Employment Pass holder) to apply to the Controller of Work Permits for a work permit. Violation of this requirement is punishable with a fine of between 24 months to 48 months' foreign worker levy or imprisonrnent for a term up to one year, or both for the first offense. On second or Eubsequent convictiory the penalty is a mandatory custodial sentence of one to 12 months, in addition to the above fines.
Tirff::S' ""*ffW.:L Montlrly Duily

400
Up to ,10% of total workforce

Between 40% to
50%
of tltal
workforce
Conshuction I lrcal Worker to 5 ForeignWorkers
Skilled
i00[200]
4T0l4?,.ol
100[200] 385 100
4t7l
Unskiled
16u51
Marine
Process
Local Worler to
Foreign
3 Skilled WorLers Unskilled

Skilled Unskilled
4lzl
13
4
15
1. Workers Covered
ConaeIvancy
440 MO
Il)
11
The law requires any person who wishes to employ a foreign worker other than a Singapore Permanent Resident or an
Srvice
30% of
total
30
workforce
t4
l5
Filipino Migrant Woikere in Singapore, Malaysia and Brunei

1 Local Worker to 9 ForeignWorkers
Filipino Migrant Workem in Singapore, Malaysia and Brunei
Hatbour Craft
Domestic Worker
Cettficated arew Non-cettificated
100[200] 4v]
330
4. Pregnancy
Test for Domestic Workers
11
345[330]
12[11]
permit permit is valid. The levy liability ends when the work Permit is
cancelled.
The levy commences once a temPorary or pelnYment is issued to the worker. It is payable as long as the
wolk work
As previously mentioned, all domestic workers, aside from the medical exarnination required for the issuance of a work permit must undergo pregnancy test every 6 months. This is to msure that they are not pregnant, otherwisg this will be cause for cancellation of their existing work permits, and consequently, their repatriation.
Employmznt Act
Aside from the levy, the MOM requires employets, after the "in-principle" approval of the application of a foreign worker is granted, to furnish a secufity bond for each non-traditional source worker before they can bdng in the worker to Singapore. The security bond must be submitted to the Departrnmt before the foreign worker arrives.
The Employment Act spells out the rights and obligations of employers and employees and the basic terms and conditions of employment
1. Workers Covered
The amount of the security deposit is 5$5,000 for each worker. The bond requires employers to provide accommodation and proper maintenance for foreign workers. It also requires employers to repatdate the foreign workers after their work permits are cancelled, failing which, the security deposit shall be forfeited. So far, the conditions of the bond have been improved for the benefit of the foreign workers. It used to be that the bond was only made to guarantee the repatdation of the foreign worker in order for the same not to be forfeited.
The Act covers every employee (regardless of nationality), including a workman, who is under a conbact of service with an employer. However, the Act excludes:
a) any person employed in a managerial executive or

confidential position;
b) 'c)
any seaman; any domestic worker; and
3. Medical Examination The foreign worker is required to undergo a medical examination and must be certified medically fit by a Singapore registered medical practitioner before a work permit can be
issued.
.d) any person employed by a Statutory Board or by the

Govemnent.
A "workman" is an errployee whose work involves manual . This includes a worker falling under any of the following
l6
t7
Filipino Migranl Workers in Singapore, Malaysia and Brunei
Filipino Migrmt Workers in Singapore, Malaysia md Brunei

2. Terms and
a) any b) any
person, skilled or unskille4 doing manual work, including any artisan or apprentice but excluding any seaman or domestic servan! person other than a clerical staff, employed in the operation or maintenance of mechanically propelled vehicles used for the transport of passengers for hire 01 for commercial
Putpose3i
Conditions of Employment
employee covered by this Act following terms and conditions of work:
An
is
guaranteed the
a)
c) any person employed to supervise any workrum Ernd to

perform manual work.
However this is subject to the requirement that the time he or she spent in doing manual work must not be less than one half of his or her total working tine in a salary period;
Salary - Although Singapore does not set a minimum wage for workers, and therefore, it leaves the negotiation of salary between the employer and the employee, it sets a period for the payment of the sane (at least once a month) and deductions are allowed only if they are authorized by law. Hours of Work - not more than 8 houts a day or 44 hours in a in excess is su$ect to overtime allowance.
b)
week. Work rendered
d)
any person specified in the First Schedule of the Employment
c)
d) e)
Rest Day - one whole day for every week. Work rendered on a rest day is subject to salary payment.
Ac!
namely:
bus conductor;
i. ii.
iii.
lV.
lorry attendan!
Holiday Pay - There are 11 holidays in Singapore which are paid holidays. Work rendered during these days is subject to salary paymmt.
Redress of grievance - An employer or employee has the
bus,lorry and van drivers;

bus inspector;
to file a
Labour
right
clairn/complaint on matters arising from the employer-employee relatio'nship before the Commissioner for
v.
goldsmith and silversmith employed in the premises of the employer;
c/o
Labour Relations Departrnen! Ministry of
Manpower.
vi.
vii.
tailor and dressmaker employed in the premises of

the employer;
3. Benefits Under the Act, the following benefits are afforded the
employee:
harbour-craftcrew;
of the employer.
viii. all workmen employed on piece rates in the premises
a)
Sick leave - 14 working days if no hospitalization is necessary; but where hospitalization is necessary, the 14 days would be extended up to 60 working days by the doctor. The employer is legally obliged to bear the medical consultation fee incurred
t8
t9
by the employee if the latter has worked for at least 6 months. As regards othet medical costs such as medicatiorL treatJrrent or ward charges, whether or not the employer is obliged to bear such costs would depend on the medical benefits provided in the employment contract of the employee.
a. Contract Violations
b)
Annual leave - An employee who has worked for at least

months is entitled to annual leave.
In addition to the fact that there is no minimum wage set by Singapore for wage-eamers, much of the terms and conditions of work are also dictated by the stipulations in the contract of employment. Consequently, for domestic workers who are specifically excluded in the coverage of the Employment Acl their rights are almost solely dependent on their employment
contracts.
c)
Matemity Benefit - 4 weeks immediately before and 4 weeks imnediately after delivery. The 8 weeks leave are to be paid by the employer if the female employee satisfies the following conditions: (1) She has been employed for at least 180 days before the date of the delivery; p) She has less than 2 children of her own at the time of delivery; and (3) She has given at least one week's notice to her employer before going on matemity leave and has informed her employer as soon as practicable of her delivery. Otherwise, she is orily entitled to half the payment during the matemity leave, unless it is proven that she was prevented by any sufficient cause from giving such notice to her employer.
Retrenchment benefit - An employee who has 3 years continuous service with the employer may claim for benefits if he or she is retrenched. The Act does not stipulate the quantum of retrenchment benefit to be paid. It should be negotiated between the employee and the employer, udess it is provided for in the contract of service.
The most corunon forms of violation arising from employment contracts are non-payment or underpayment of
salary, unauthorized deductions, longer working hours than that stipulated in the contract, no days-off and the work demanded is more than what is on the contract.
d)
Under Singapore laws, iI the domestic worker becomes aware that his or her rights under the contract are being violated, a complaint/claim can be filed against the employer before the MOM. Employers do not generally relish the idea of running into trouble with the law or being sued. In filing a complainf assistance can be tequested from the Philippine Embassy to msure that complaining workers have proper representation.
'
Moreover, Singapore has been cracking down on establishments employing workers without permits or those employing domestic workers for non-domestic jobs. Thus, if
employers or agencies demand that the domestic workers also do some chotes in stores or any commercial establishment or require that they do non-domestic work, such errployers or agencies can be charged with illegal employment.
4.
Based on interviews conducted in Singapore, the problems of domestic workers may be categorized under the foilowing:
Under the Employment of Foreign Workers Ac! the employer and the employment agency can be charged in Court for illegally deploying or employing the domestic workers. The
penalty for illegal employment is a minimum fine equivalent to
2
20
1t
Filipino Migrant Workere in SingaPore, Malaysia and Brunei
years oI the foreign worker,s lery (5$2920) and a maximum fine up to 4 years lery (5$15,840) or imprisonment for a term not exceeding one year or both. In addition, the employment agency found guilty of arranging illegal placements of domestic workers will have its Employment Agmry License revoked and the 5$20,000 deposit forfeited. This is fot contravention of the Employment Agencies Ru1es and the Conditions of the Employment Agency License. A complain! therefore, must be lodged before the MOM. Furthermore, if the employer hires mote than 5 immigration offenders, he or she will be canned.
It is, nonetheless, incumbent upon the worker to first file a complaint before the MOM in order to bring the matter of illegal employment before the law. This, however, is not the usual solution domestic workers resort to. Most of them would rather seek the advice of their friends first ot consult organizations they belong to. It is also noteworthy to emphasize that the enumerated problems are more commonly experienced by domestic workers who do not have POEA approved Standard Employment Contracts (SECs). This means that they have not undergone the POEA recruitnent process and that they left the philippines as undocumented workers. It must be bome in mind that from the point of view of the Singapore govemment the domestic worker's rights onty exist if they are stipulated in the contract. There are nJhbo, standards set by the government which must be followed by all employers. Thus, if the dornestic worker agrees undet the contract to a very low wage, 01 agrees not to have days of! then a claim or complaint cannot be lodged against the employer on these grounds. This is why the POEA and the philippine Embassy in Singapore have coordinated its efforts to regulate the inIlux of Filipino domestic workers to Singapore and to make sure that they leave with a SEC or at least secure one in Singapore.
For prospective domestic workers, however, it does not appear all that irnportant to secure a SEC before leaving for Singapore. First of a[ to be able to obtain one, it means that they have to undergo the entire application Process rnandated by the POEA. Secondly, not having a SEC does not bar them from going to, and working irg Singapore. As far as Singapore is concerned once an in-principle approval is grven a prospective domestic worker, he or she can come over and start working Pending the final issuance of a work permit. It does not matter to Singapore whether the worker enters as a tourist or as a contract worker. It is for this reason that Filipinos are easily lured to come to SingaPore. They do not foresee the dangers of leaving as an undocumented worker and the substantial monetary obligation that awaits them in Singapore. In reality, these dire consequences exact a heavier toll on them than undergoing the tedious process of applying before the POEA and getting entangled in the govemment bureaucracy. Moreover, the unchecked proliferation of illegal recruiters and corrupt govemment employees who facilitate the issuance of fake documents or certify false certificates, and render "escort service" in the airport does not alleviate the situation. Upon arrival in Singapore, tltese workers realize that the contract they are made to sign provides for a low salary and has little or no provision for days off. Even under these exploitative conditions, they are left with no choice but to sign the contract. Furthermore, they find themselves not only indebted to agents or recruiters in the Philippines but also to Singapore agencies who facilitate their working permits there. Usually, they do not receive salaries for the first 5 months just to pay off the agencies and recruiters. In the meantime, they sometimes work for almost 1618 hours as their employers make sure that they get their money's worth.
In
actual situations where the domestic workers
are
confronted with such problerrs, nost of them do not think of the

22
23
Filipino Migrant Workers irrSingapore, Malaysia and Brunei
Philippine Embassy as the first choice for seeking assistance. Partly because of the condescending attitude they receive from the Embassy people and partly because they fear the repercussions of being exposed as undocumented workers, they usually tum fust to their co-workers, co-members in their respective organizations or to their church community. With these gloups they seek support and advice, though in the meantime, they continue to endure whatever abuse or exploitation they are subjected to. OnIy in extreme cases where they could no longer bear the working conditions do they decide to escape and seek shelter from the O\4IWA Center (OFW Resource Center).
To the credit of the Philippine Embassy in Singapore, in an workers, particularly the domestic workers, the Philippine Overseas Labor Office (POLO) has embarked on an accreditation procedure for Singapore recruitment agencies where in retum for the latter's accreditation by the Embassy, these agencies will only recnrit Filipino domestic workers who have undergone the POEA processes and have secured a SEC. Furthermore, as a sort of pressure on the undocumented workers to register with the Embassy, the latter has made it a condition precedent for the renewal of a workels passport for a worker and his or her employer to sign the SEC provided by the Embassy. This, in tum, would be facilitated by the Singaporean accredited agency for which agency fees are also exacted from the employer. Up until the expiration of their passpor! however, undocumented workers can still avoid registration with the Embassy.
required by the Embassy to pay 5$314.50 for the renewal of the worker's passport and contrac! and its accredited agency the amount of 5$150.00. Such employer's exPenses can undermine the worker's chances to negotiate for a higher salary with the employer. Allegations have also been thrown against the Singapore accredited agencies that they have been recruiting workers without the POEA approved contracts on the side.
b. Conditions of Work With or without an approved SEC, domestic workets are still l'ulnerable to abuses. Their complaints vary ftom insufficient food given by the employer, less than 3 meals given per day, almost no time to eat, few hours to sleep, inadequate sleeping quarters, required to work barefoot - causing leg and foot muscle ache, prohibited from using the telephone even for emergency cases, prohibited fron taking a bath daily, and not being allowed to socialize outside the house. Although some complaints may be explained by cultutal differences [such as eatjng only pancit (noodles) as staple food when Filipinos are used to rice -pancit being taken only for snacks-, and eating lugaw (rice porridge) this being served by Fitipinos mostly to babies and sick persons onlyl, most of the complaints are clearly acts of exploitation'
Since the present security bond that employers pay to the Singapore govemment requires them to provide accommodation and proper maintenance to foreign workels, failing which, the security deposit shall be forfeited, this feature on the bond provides pressure to the employers to treat the workers adequately, though not necessarily more humanely. Thus, if the exploitation which domestic workers suffer from cannot be anchored on contract violatioo then it could be grounded on violation of the secudty bond. A complaint can be lodged with the MOM. The Philippine Embassy can also mediate between the employer and the domestic worker. It can sununon both the
25
effort to reduce the number of undocumented
Some of the domestic workers have expressed concem that
because
of the procedure adopted by the Embassy, their
employers have complained that they are paying too rruch for the renewal of their contract. Considering that aside from the 5$5,000.00 security bond and *re 5$345 monthly levy that their employers have to pay the Singapore government, they are still
24
Filipino Migrant Workere in Singapore, Malayeia and Brunei
employer and the Singaporean agency which facilitated the employrnent of the worker. If the mediation proves fruitless, then the Embassy will assist the worker in todging a complaint with the MOM. Most of the domestic workers, however, will not take the risk of lodging a complaint because once the bond is forfeite4 it could result in their repatriation, It is also not clear what "proper maintenance" really means. Only when circumstances prove to be too unbearable do the workers decide to seek legal assistance. Until that time comes, they try to adjust in whatever way they carl and hope that aftet the lapse of several months, both they and their employers would have adjusted to each other and that their employers would begin to treat thern more
humanely.
The more serious forms of abuse which domestic workers experience are verbal (yelling, cursing, subjecting to rilbute and humiliation), physical (slapping, pinching, putting of tlu ears and hair) and sexual Qasciaious conduct and rupe) abuses. Especially in cases of extreme physical abuse and sexual abuse, the workers are constrained to run away from their employers and seek refuge at the OWWA Center. Aside from the assistance (both in the iorn of shelter and legal assistance) that the Embassy can offer, assistance can also be sought from the local police and medical clinics/hospitals to document the abuse tfuough police report and rhedical check-up respectively. The police is the first person who should be approached, preferably even before the worker decides to escape to avoid any form of counter-accusation of theft or other offenses by the employer. Singapore does not exempt employer from criminal liability and a proper recourse to its criminal jusi-ice system can be had. Abuses of this nature should be reported both to the potce and the MOM.
c. Violation of Local laws As earlier mentioned, Singapore shictly enforces its laws and shows little or no compnssion for those who are found guilty. Once a domestic worke! runs into trouble with the law, it is best to get in touch with the Philippine Embassy so that proper representation in court can be secufed. That is why it is not advisable to run away from the employer except when one's life or honor is in jeopardy. It is best to contact the police and wait for its arrival before leaving the place of work.
Through the efforts of the Philippine Embassy and Filipino organizations in Singapore, particularly the Filipino Overseas Workers (FOWs), information is being disseminated not only on the advantages of being a registered and documented worker but also on some survival skills and tips so that the workers c.ur cope with the wolking environment in Singapore and avoid running into conflict with the laws.
In the face of all these ambient factots, the Filipino domestic workers struggle to make their lives in Singapore livable, so that they can send money home and help build a future for their families.
B. MALAYSIA
1. Brief Background
Malaysia is a country with a mixture of different cultures and faith, although 3 kinds of culture predominate its society, i.e., Malay-Islam, Chinese and Indian. Malaysia is a Muslim state. Notwithstanding the state religion and because of the diversity of cultures in its society, the govemment allows the inhabitants to practice their own faith and belief.
27
The official language of Malaysia is Bahasa Malaysia. However, the English and Chinese languages are widely used, as well. Malaysia has a very hot climate. In fact, Kuala Lumpur, its capital, is considered the second hottest city in the world.
Being a member of the ASEAN, social visits by Filipinos to Malaysia may be made even without the requisite visa so long as the stay does not exceed one month. Kuala Lumpur is 5 hours away by plane from Manila.
2.
Legal Mechanisms Relating
to
Employment
of
Foreign
Workers
a. Foreign Worker Policy

Malaysia has neither a long standing and stable policy relating to migrant workers nor any specific law governing them. The govemment's policy towards foreign workers can and have changed overnight. In fact, the policy changes so quickly that even different departments of government cannot keep up with said changes; resulting into conflicting pronouncements on particular issues at times. This is a sad truth notwithstanding the fact that 7 / 5 of the total labor force of Malaysia are migrant workers. In 1996, of the estimated 10 million labor force,2 rnillion were migfant workers. (Report of the Minisky of Human Resources, Nau Straight Tines, Apd 1996 cited in MIGRANT WORKERS: REALITIES AND DREAMS IManny C. Calonzo]) The onslaught of the currency crisis in Asia may have varied the above figures but the same is not expected to have changed the ratio drastically. Yet, it seems that Malaysia does not want to recognize its need for migrant workers. This is readily apparent from the harsh treatrnent mi$ant workers suffer in the hands of Malaysian authorities. Occasional round-ups, raids and spot checks are done in humiliating and arbitrary manner.
This "controversial" country with its equally controversial head of state is also known for its controversial treatment of migrant workers. Mi$ant workers and even citizens generally agree that the exercise of certain basic freedoms are quite restricted. For instance, although the right to strike is accorded to workers, as per Industrial Court Award No. 38, 1980, and as inferred from the statute books, stdkes are great$ discouraged. Dr fact workers who are accused of conducting an illegal strike may even be subjected to the application of the Internal Security Act (ISA) which allows detention without trial for a period of time. lMalmunah Aminuddin, Malaysian Enployflent afld Ind stnal Relations 14!146, Mc Graw-Htl Book Co.: Malaysia, 1996) Migtant workers, on the other han4 in practice, do not have the right to join and form unions. Neither are they accorded the right to strike.
The steady growth in its industries in the 1980s brought changes in the social and educational patterns of the more than 21
million Malaysian population with the resulting shift in their employment distribution pattern. This change left employment in some sector6, particularly the service sector, without any local takers; thus, the influx of migrant workets from the neighboring
Asian countries.
Though Malaysia's concern about the irflux of illegal migrants workers is understandable, this does not justify its condescending attitude against rnigrant workers in general.
b. Implementing Agency
Ministry
of Human Resources and Department of Labour
The administration and regulation of the employme4t system and activities in Malaysia fall under the responsibility of the Ministry of Human Resources.
29
28
Malaysia apply equally to workers, but the most important labor nationals and foreign legislation that concems migrant workers is the Employment Act of 1955. This law is implemented by the Departrnent of Labour under the Ministry of Human Resources. The same dePartment also implements the Employment (Restriction) Act of 1968 and the Workmerls Compensation Act of 7952, which are also very relevant to migrant workers.
In generaf labor laws of
Foreign workers' contracts, however, need prior

authentication by the Malaysian Consular Office which is under the Ministry of Foreign Affairs before they can validly work in Malaysia.
rule in the employment of workers. The employment conbact is basically considered a purely private undertaking. Thus, the govemment generally leaves tlte fixing of the terms and conditions of employment to the contracting parties and the market forces. Once said contracting parties have come into an agreement and such agreement is approved by the Ministry of Foreign Affairs, the same will be considered the law between them and any complaint arising out of the emplol'rnent shall be judged in terms of the stipulations in the contract.
3. Applicable Laws
The Employmcnt
Act (7955)
foreigners, Malaysian employers are requhed to apply for licenses and approval of quota with the Departrtent of Labour. Furtherrnore, for the service sectot, the employer is required to apply for a Visit Pass (Temporary Employment) in behalf of the employee prior to the arrival of the latter to Malaysia. It must be noted that the "Visit Pass (Temporary Employment)" is different from the
"Employment Pass." Although both are entry permits for persons who will work in Malaysia, the "Employrnent Pass" is granted to those whose salary is not less than 1,200.00 Malaysian Ringgit (trpper income bracket). (Immigration Regulations, 1963)
To regulate employment of
The Employment Act (1955) defines, to a large exten! the rights of both the employers and the employees. It also provides
certain minimum benefits for the workers falling under its coverage. However, it must be remembered that the provisions for "conditions of work" under the Employment Act do not generally apply to Sabah and Sarawak. The conditions for employment in these two territories provide lower benefits to
workers.
Without the employment permi! the foreign worker's stay would be illegal and is considered a serious violation of the immigration laws. A hefty fine is also imposed prior to
deportation. As earlier mentioned" the labor laws of Malaysia generally applies to both nationals and foreign workers. However, the employment contract is given greater weight. This can be attributed to the fact that Malaysia adheres to the "free-market"
30
This law is considered as the most impotant piece of legislation insofar as employees in Malaysia are concemed whether they be nationals or migrant workers. However, some Malaysian labor lawyers are of the opinion that the law is antiquated and contains vague and contradictory provisions.
(Maimunah Aminuddirv Malaysian Employment and lndustrial Relatiotts 18, Mc Graw-Hll Book Co.: Malaysia, 196)
It is well to reiterate that due to the "free-market" policy of Malaysia, the employment contract basically govems the relationship between the employer and the employee. For this same reasor! the Malaysian govertunent is not keen on entering into a bilateral agreement with the Philippines in terms of coming
3l
out with standard employment contracts for Filipino migrant workefs. Thus, only in cases where the Malaysian employer signs the SEC required by the POEA, does such employer become bound by it.
The preceding notwithstandin& the Employrnent Act (1995) is supposed to provide minimum standards upon which all employment contracts are to be based. If the private employment
contract is silent on particular provisions, resort must be had to the Employment Act. Sadly, though, a lot of migrant workers become vulnerable to abuses because of the ignorance of the provisions of the law. There are employers who are equally ignorant of the said law, and thus, the employment contract they sign would contain provisions way below the minimum standards setby the law for employees. Thus, there is a general impression that the standards set in the Employment Act are not at all implemented especially with respect to the employment of migrant workers.
capacity in any vessel registered in Malaysia who are not

certified officers under the Merchant Shipping Acts of the United Kingdom or Merchant Shipping Ordinance (1952) of Malaysia. Finally, the law also puts under its coverage Persons who work as domestic servants. However, they are exempted from the coverage relating to minimum benefits whether they are nationals or foreigners. the employer of a domestic worker violates any provision of the employment contract the latter may file an ordinary civil suit for "breach of contract" but not under the Emplolurent Act. Unless the complaint stems from unpaid wages or wrongful dismissal, the domestic worker cannot file a complaint under the said Act.
Thus, When the law uses "domestic servant," it refers to a Person employed in connection with the wolk performed in a private dwelling-house for domestic household purposes, such as, a. cooki b. house-servan! c. butle4 d. gardener; e. child minder; f. vale! g. Wassermanni h. watchman; i. groom, and j. driver of a vehicle for private use. (Section 2 (1); Goh Chen Ch.aan, Guidz to the Employment Act 8 the Lobour Laos of Malaysia, I-eeds Publication: Kuala Lumpur,
Malaysia,7994
if
1.
Workers Covered
Any person who has entered into a contract of service with an employer pursuant to which such person's monthly salary or wage does not exceed 1,500.00 Malaysian Ringgit (RM) falls under the coverage of the Employment Act. However, if the worker's salary exceeds RM 1,500.00 per month but he or she is engaged in manual labor or at least more than half of his or her work is manual labor, theru he or she will still fall under the mantle of the Employment Act.
The same law applies to those engaged in the operation or maintenance of mechanically propelled vehicles for transport of passengers or goods or for commercial purposes; and to those who do supervisory work over employees performing manual labor employed by the same empioyer and those engaged in any
12
2. Terms and Conditions of Employment
a)
Salary / wages
- The term "wages" refers to the basic pay and payments made in cash to an employee for work all other done pursuant to the contract of service. The same, however, excludes, the following: (sec. 2 (1) i.
the value of any house accommodation or the supply of any food, fuel, light, water, ol the provision of medical attentioD or of any approved amenity or approved service;
33
ii.
any contribution paid by employer to any Pension fund, provident fund, and similar schemes established for the benefit of the employee;
concessiolII;;
e)
iii. traveling allowance or the value of haveling iv.

graturty payable upon retiremen! any annual bonus or part thereof; and
expenses incurred by
Termination - A contract of employment or "contract of service" may be terrrinated by either party at any time by grving to the other, notice of his or her intention to terminate. The length of the period within which notice must be given should be stipulated in the contract. Absent such provision the following shall govern: (Sec. 12 (1) & 12 (2))
i. If the employee has been employed ii. If the employee
for less than
v.
years, at least 4 weeks notice is required;
vi. any sum payable to the employee to defray special

his or her employment.
him or her through the nahrre of
has been employed for 2 years but less than 5 years, at least 6 weeks notice is required;
iii. If the employee
"Minimum wage" in Malaysia, if it exists at all, is alien to almost all migrant workers in the service sector. The amount of salary or wages in the contract is usually fixed by negotiation between the employer and the employee' This is particularly true with respect to domestic workers.
has been employed for 5 years or more, at least 8 weeks notice is required.
Either party may also terminate *re contract of employment without the requisite notice or even prior to the
expiry of the requisite period for notice by paying the other party an indemnity equal to the amount of wages which the employee may have eamed during the required period of notice. Terrnination without notice may also be made by either party if there is a willful breach of the contract by the other party. (s,ec. 13 (1) & 13 (2)
b)
Hours of Work - The same should not exceed 48 hours in a week or 8 hours in one day. However, if the employer does not require a 6-day work week the number of working hours may be increased to t hours a day. (Sec. 60 A (1); Aminud^, p. 3a)
Rest Day - A worker is entitled to one whole day a week as rest
Furthermore,
duy
d)
Holiday Pay - An employee is entitled to choose 10 public holidays from the list of public holidays declared by the government. An employee who is required by his employer to work on a specified holiday is entitled to be paid 2 days' ordinary salary plus the holiday pay' If the employee works more than the regular work hours on a holiday, the overtime pay shall be equivalent to at least 3 times the hourly tate when
overtime is done on a regular day. (Sec. 60(E))
employment without notice and without need of paylng indemnity in lieu of notice if the employee is guilty of misconduct inconsistent with the fulfillment o{ the services required, and only after due process. (sec. 14 (1) & 1a (2))
the employer may terminate the
The contuact of employment/services may also be if either party is in breach. The employer is considered in breach if he or she fails to pay the agreed wages.
terminated
The employee, on the other hand is considered in breach if he or she is consistently absent from work for more than 2 consecutive work days without prior leave or without a valid excuse or
35
Filipino Migrant Workers in SingaPore, Malaysia and Brunei
without informing or attempting to inform the employer of any excuse prior to the absence or at the earliest Possible oPportunity.
(Sec. 15)
same employer.
An employee with less than 2 years of service is entitled to 14 days of paid sick leave. If the
In addition to telmination
pleceding paragaplL the party in breach is liable to pay an indemnity equal to the amount requfued of him or her to pay if termination would have been made in accordance with the
provision on termination without notice.
of
contract Provided
in
the
employee has been in service for 2 or rnore years but less than 5 years, he or she is entitled to 18 days paid sick leave' Services corresponding to 5 years or more entitles an employee to a paid sick leave of 22 days. If hospitalization becomes necessary, the entitlement to paid sick leave can be extended up to 60 days. (Sec. 60(F)) b)
involving domestic servants can be terminated by either party to the contract by grving a 1'4-day notice in advance. (Sec. 57) Notice may be dispensed with by paying the
Contracts
amount of wages corresponding to the period of notice. (Aminudnr' pp- 27 -28; Goh Chen Chuarl pp. 15-l'8; Pimer on Termination of Employment'
Office of the Labor Attach6, Philippine Embassy, Malaysia (197))
Annual Leave - The annual leave that the employee may be entitled to depends on the length of service. If the employee has been in service for more than one year but less than 2 years, he or she is entitled to an annual leave of 8 days per
f)
employment conhact or any entitlement under the Employment Act may be brought before the Labour Departrnent which has quasi-judicial powels to hear and decide said disputes as the "labour court". This court is different from the Labour Industial Court under the lrdustrial Relations Act which deals with resolution of trade
disputes.
Redress of Grievance -
Any dispute or claim arising from the
year. If the length of service is 2 years to less than 5 years, the entitlement is 12 days in a year. If the employee has been employed for 5 years or more, he or she is entitled to an
annual leave corresponding to 16 days per year.
c)
the case is
After the complaint is filed with the Labour Department, recorded. Thereafter, the employer is surrmoned. If the parties do not come to any settlement, the Labour Court is convened. Hearings are conducted. Thereafter, a decision or an award is handed down. The decision of the Labour Court may be appealed to the High Court. (Aminudin, pp. 20-21) 3. Benefits
Maternity Benefit - Female employees are entitled to 60 days maternity leave. The employee has the liberty of allocating the use of matemity leave. For instance, she may choose to take a leave 10 days before giving birth and the rest of the 50 days after giving birth to spend more time with her baby. However, the employer is allowed to force the pregnant worker to take a leave up to 14 days before her due date if a doctor chosen by the employer certifies that the employee can no longer satisfactorily perform her tasks. The woman may allocate not more than 30 days of maternity leave prior to the day of confinement.
a)
36
Sick Leave - The number of days of entitlernent for paid sick leave depends on the number of years of service under the
d) Retrenchment/Lay-off Benefit - An employee is entitled to the amount equivalent to 10 days wages fot every year of service if his or her length of service is between one yeal and less than 2 years. If he or she has been under the employment oI the same employer for a period of 2years to less than 5 years,
Filipino Migrant Workers in Singapore, Malaysia and Brunei he or she is entitled to a benefit amounting to the equivalent of 15 days wages per year of service. Finally, if the employee has been in service for 5 years or more, the entitlement shall be the amount equivalent to 20 days wages for every year of sewice. Employment (Restiction) Act (1968)
the Workmert's Compensation Act would soon be phased out.

(Goh Chen Chuan, p. 11.2)
1. Workers Covered
A non-citizen may be employed in Malaysia provided that such person has been issued an employment permit. The permit is valid only for the period stated thereon and may be renewed upon re-application. Furthermore, the foreign worker is restdcted to work only for the employer stated therein and cannot transfer to another employment without the prior approval of the Imrnigration Departnent. Should the services of such ernployee be terminated, the employer must notify the Commissioner of Employment in writing within 14 days of such cessation of ernployment. (Goh
Chen Chuan, p. 94)
The law covers every worker but gives a long list of exemption which can be found in Section 2 (1). However, without enumerating the exclusions, it is interesting to note that domestic serv.rnts are explicitly excluded from the coverage
thereof.
2. Benefits Compensation for injuries resulting to temporary disability amounting to RM135.00 or L/3 oI the monthly salary whichever is lower, is given every middle of the montlu throughout the period of disability or for a period of 5 years whichever is less. A compensation ranging from an equivalent of 60 months' wages, &l months wages, or 108 months wages, depending on the age of the injured person, to a maximum of Rm19,200.00 whichever is lower, is awarded for injuries resulting to total disability. Should death result because of the injury suffere4 the worke/s family and dependents are endtled to corrpensation amounting RM14,400.00 or the equivalent of 45
months earning whichever is less.
(sec. s)
Workmen's Compensation Act (1952)
1993, the Workmer/s Compensation Act became relevant again particularly in addressing the rnigrant workers who meet work-related accidents. In the pas! migrant workers were solely covered by the Social Security Organization (SOCSO) of. 1992. However, difficulties were encountered with regard to the payment of clatns of foreign workers as normally, after accidents, they would be repahiated to their respective countries. With the influx of migrant workers in the late 1980s and the early 1990s, the need to address the aforementioned concem became more pronounced. lamin rain, p. s+; However this is not to say that the provisions of said legislation solely applied to migrant workers. With the enactment of SOCSO n 1992, which is in the same natule as the Workmerls Compensation, it is believed that
38
In
Immigration Act (1959/1963) or ACT 155
This Act enumerates persons who are considered
as
prohibited imrrrigrants under Section 8 (3). This section provides that a person who has no definite employment awaiting him or her or who is unable to show that he or she has the means to support himself or herself or who is likely to become a pauper will not be allowed to enter Malaysia.
39
Filipino Migrant Workers in SintaPore, Malaysia and Brunei
Filipino Migrant Workers in Singapore, Malaysia and Brunei "12 (1) Any person who -
Section 8(3)(m) states that any person required by law to be in possession of valid travel documents, and who is not in possession thereof or is in possession of {orged or altered havel document(s) shall be considered a Prohibited immigrant and will be refused entry.
(a)
xxx
xxx
xxx
xxx
(g) without lawful
Under Section 9(1)(a), the Director General of Inrmigration shall have the power to order, prohibit, either for a stated period or permanently, the entry or re-entry of any person or class of person when he or she deems it expedient to do so in the interest of public security or by reason of any economic, industrial, social, educational or other conditions.
Sec. 9(f)@) also gives the Director General the power to
authority, has in his possession any passport or travel document issued for the use of
some person other than himself."
Furthermore, there are a nurrber of Malaysian recruitment agencies which take possession of the passport of foreign workers for purposes of forging the same for the use of other workers. Again, this violates the Passport Act which prohibits:
"12 (1) Any person who -
cancel any permit to enter Malaysia if he or she is satisfied that the presence in Malaysia of the holder thereof would be prejudicial to public security, public health, public morality or public order.
(a) forges, alters ot tamPers with any PassPort or internal travel document, or any visa or endorsement thereon, or without lawful
authority uses or attempts to use, or has in his possessiory any PassPot or intemal travel document which has been so forged altered or tampered with." xxx xxx xxx
Immigration Regulations, 1963, Sec. 8 - 16, provide. for the different types of passes or permits necessary to entitle a person to enter and remain temporarily within Malaysia.
Passport Act (7966) or ACT 750
Employers in Malaysia, as a rule, confiscate the passports of their employees. Rarely, if at all, could one find employers who do not adhere to tJris practice. Employers do it because they would like to be assured that their employees will stay until the expiration of their contracts and will not run away before said period. However, this practice is a blatant violation of the Passport Act (1966) which prohibits: (section 12 (1)(g))
3. Problems Encountered and Remedies Sought
from overseas Filipino workers in Malaysia the problems of

Filipinos in the service sector may be categorized as follows:
Based on interviews conducted and documents gathered
a.
Contract Substitution and Contract Violations
Malaysia puts a lot of premium on the contlact agreed to
by the employer and the ernployee. Once entered into, this contract is supposed to govern the relationship between the
parties. Almost always, employees get the raw end of the deal in
41
40
govemment prescribes the use of SEC. In many instances, the ernployers and agencies, are able to escape from tire provisions of the SEC by resorting to the practice of "contract substitution.', Furthermore, in most instances, they blatant$ violate the provisions of the contract whether it is a SEC or the substituted contract.
In order to protect Filipino migrant workers, the phifuppine
the negotiation for the terms and conditions of their employment.
minimum provisions contained in the SEC. However, insofar as Malaysian authorities are concerned, the contract is valid believing that the same is a result of a voluntary negotiation
between the parties.
Usuallp when a Filipino contract worker arrives in Malaysi4 he or she is met at the airport by a representative of his or her Malaysian placement agency or representative of the employer. It is not uncommon that this representative may, at the airpor! force a worker either to sign a blank sheet of paper or another contrac! the content of which the worker would -not even have the chance to read. The worker, thery is forced to sign either because he or she is not wary of the consequences of his oir her acq or he or she is threatened that he or she would be left alone at the airport if the document is not signed. In the latter case, the worker is left with no choice but to sign as the trip had already cost him or her so much.
In either case, the worker later finds out that the paper contains terms and conditions of employment which are materially different from those written in the contract which he or she signed while still in the Philippines. This unscrupulous
practice aptly termed as "contract substitution,, is a very common experience among migrant workers in Malaysia. To make things worse, even the contracts, which are substituted through fraud to replace the SEQ are openty being violated by the Mataysian employers.
Thus, to avoid the above predicamen! careful investigation about the details of recruitment should be made while still in the Philippines. Workers should always make sure that the recruibnent agencies they are dealing with, both in Malaysia and in the Philippines, are not ',fly-by-night" agencies. They should have in their possession a copy of the contract which they signed in the Philippines. There are a lot of instances when recruitment agencies in the Philippines do not even furnish workers a copy of the employment contract If upon arrival at the Malaysian airport a worker is asked to sign another documen! it is best that he or she compares it with the one signed in the Philippines. If they materially differ, then, he or she should inform the representative about said discovery and should refuse to sign the new document.
Of course, it is not always possible to refuse to sign especially when drere is a threat that a worker will be left at the airport In such cases, one recourse would be to file a civil suit to nullify the contract as it was signed with vitiated consent. This option is not normally resorted to by migrant workers because it
entails the hiring
of a Malaysian lawyer which they would
necessarily have to pay for services rendered. Nevertheless, it is still an option open to migrant workers. Should they choose to avail of i! they could ask for the assistance of the Philippine Embassy and the Filipino support groups existing in Malaysia.
From the perspective of the philippines, the contract is void not only because the same was executed with fraud and machinatiory but also because the same normally falls short of
42
Violations
of
employment contract are ra:rrpant in
Malaysia. Non-payrmen! underpayment, withholding of or delay in payment of salary, deducting the levy (the amount collected yearly by the Malaysian immigration in connection with the
43
conhactual stipulations committed

placement agents.
employment of a foreign worker) from the salary of the employee -the when the employer has the responsibility of shouldering same, other unauthorized deductions, very long hours of wor! no day-off or rest day, are conunon and blatant violations of
When complaints against employers for conkact vioiations

are brought to the attention of the Philippine Embassp the latter
by
employers and/or
Subtracting from the salary of a domestic helper the sum equivalent to a day's wage should a day-off be availed of, requiring a domestic helpet to work in a place other than that of the employels, b.i.S-g an employee to work for an employer other than the one stipulated in the contract, withholding- of refum ticket are also rampant violations.
usually calls on the placement agencies to talk to the employers concerned to address the complaints o{ the employees. Placement agencies would normally give in to this kind of request because they usually have pending contracts for authentication by the POLO and they would not want to run the risk of these contracts not being authenticated.
a complaint may be before the Labour Department or the Immigration Departnrent, as the case may be. It must be noted that Maiaysian :mployment agencies and employers are generally afraid of being sued before any of these two govemment bodiei because of the dire consequences in case they ire proven to be at fault. For the agencies, aside from the imposition of a fine, licenses may also tre revoked. However, they lre not usually caught because not too many migrant workers have the courage to file complaints
against them.
When any of the above happens, . brought
If nothing happens to the efforts of the agencies, the Philippine Embassy will try to mediate between the employer and bmployee. If still nothing happens, the POLO will make representations in behalf of the employee before the Labour Department. Complaints are filed with the assistance of the POLO officials.
b.
Conditions of Work Being away from the family to eke out a living is hard enough. Working with an employer who does not care about the welfare of his or her employee makes it more unbearable. Physical maltreatment/abuse, sexual harassment, verbal abuse, too heavy workloa4 jealous female employers, failure to give sufficient or proper food provisions, and very strict employers are some of the most corunon complaints which can be elicited from Filipino migrant workers in Malaysia as regards conditions of work.
In fiting a
lndividuals or entities, it is best to seek the assistance of officials from the Philippine Embassy especially from rhe philippine Overseas Labour Office (POLO). Aworker who does not feel like going directly to the Philippine Embassy may opt to get in touch with Filipino support groups or local Malaysian nongovemmental organizations (NGOs). These groups can assist the workers in coordinating with the Embassy and in documenting his or her plight
complaint against the abovernentioned
All these complaints should be brought to the attention of the proper authorities. Physical abuse/injuries, verbal abuse,
and sexual harassment (lascivious conduct) should be reported to the police immediately. However, based from the experience of the Filipino workers it is best i-f the worker seeks the help of Filipino support groups or NGOs who can assist in coordinating with the proper authorities or in reporting the matter to the Embassy. Officials from the Enbassy usually accompany the
45
44
Filipino Migrant Worke6 in Singapore, Malaysia and Brunei
victim to the local police who will prepare the necessary police report. The victim is also accompanied to an accredited hospital for physical examination. The medical report can be obtained from the police. It normally takes the police quite a long while to furnish the victim a copy of the medical report. Thus, the victim should take pains in making regular follow-ups with the police. The worker should see to it that he or she secures a copy of the medical report and other documents pertaining to his or her complaint. These are pieces of evidence which can matter a lot should he or she decide to file a case either before the Malaysian courts or in the Philippines - before the NLRC. In the former, the Philippine Embassy, on a case by case basis, hires a legal counsel to handle the case of the complainant. In the latter, Philippine laws and jurisprudence allow a migrant worker to file certain claims against the Philippine recruitment agency who is considered solidarily liable with the Malaysian employer or
Malaysian recruiter.
The problem on verbal abuse, too heavy workload jealous female employers, failure to give sufficient or proper food provisions, and very strict employers may be addressed by following the same procedure as in addressing the complaints on contract violations.
undocumented migrants because they cannot Ploduce their passports and other documents when asked by the proper authorities. It must be remembered that different agencies of the govemment in Malaysia sometimes issue conflicting rules' There are those, for instance, who consider Presentation of mere photocopies of travel documents sufficient and there are those who do not. It must also be noted that beginning January 3'1998, the Imrnigration DeParknent has started to issue identification cards (ICs) to foreign workers. It is hoped that these ICs would somehow lessen the negative effect of the illegal practice of withholding the passport and travel documents from the foreign workers.
There are employers and agencies who do not confiscate the passports of their employees if they realize that the employees are knowledgeable about the law regarding PassPorts. Thus, it is important for migrant workers to familiarize themselves with the important laws that will affect their stay in Malaysia.
agents same to the Philippine Embassy for it to take the necessary steps in obtaining the passport. ln the meantime, the employees should make sure that the photocopies given them are properly endorsed by their employers, to give them an aPparent sign of legitimacy.
If notwithstanding the foregoing, the employers or their still confiscate the passport, it is advisable to rePort the
As earlier mentione4 many employers or their agents, take possession of the passports and other travel documents of their employees in violation of the Passport Act. In lieu of the original, the employers furnish their employees with a mere
photocopy of the same. It becomes a problem to the employees as their movement within Malaysia becornes restricted because of the risk of getting apprehended and detained by immigration officials or local potce for failure to produce valid travel documents upon demand. ln fac! in many instances, a lot of migrant workers, whether Filipino nationals or not get or apprehended on suspicion of being illegal migrants
46
If a worker gets detained for failure to produce the

necessary documents or Passport, he or she should immediately call his or her employer and request that the travel documents concerned be brought to the detention center' Caution should be made though, in refusing to surrender the passport and other travel documents or in demanding the return thereof from the employer. There have been instances where employers have cancelled the employment permit of their respective employees 47
teturn their travel documents. This, then, resulted to the employees' immediate repatriation fol want of the necessary permit to work.
because of the latter's demand to
A worker's stay in Malaysia is considered illegal in any of the following instances:
it is best to document everything in order to have evidence on hand when the need arises.
In
a1l these cases,
i. ii.
iii. iv.
working while possessing
tourist visa;
Furthermore, foreign workers, as much as possible, should not try to escape or runaway from their employers unless, life or limb is threatened. If a foreign worker escapes, the employer can cancel the employment permit and make it appear that the one in breach of contract is the worker. Said cancellation can result to the latter's status becoming illegal. Furthermore, employers may get back at the worker and may report to the police that the latter escaped because he or she committed a particular offense, such as, theft. Hence, the worker would have difficulty in reporting to the authorities what actually happened as his or her mere illegal status is already a ground for apprehension. Thus, it is advisable to seek help from the Philippine Embassy officials
before leaving the employer.
possession and use of a forged or fake work permit at all

a
permit or with no
runaway whose work permit has been cancelled;
over-staying due to an exPired conhact which was not renewed, or dismissal from employmen! or resignation; illegal entrant, i.e., one who entered Malaysia without any travel document whatsoever.
v.
However, should it become necessary to runaway from the employer, the worker can get in touch with the Office of the Labour Attach6 so that he or she can be accommodated at the Filipino Worker's Resource Center which is the house for
distressed Filipino workers.
To stay iJlegally in Malaysia is considered as a very serious offense. The penalty is imprisonment for at least 3 months and an imposition of a fine called "COMPOUND" (KOMPOUN)' The amonnt of kompoun is calculated based on the length of illegal stay. Thus, the longer an illegal stays in Malaysia the higher the kotttpoun is. However, the amount is slightly reduced if there is voluntary surrender to the authorities.
wishes to surrender to the immigration authorities, it is best if he or she Presents hirnself or
If a Filipino worker
c. Violations of Local laws Drug trafficking is a very serious offense in Malaysia. If convicted, the penalty to be meted out is death. However, the law which Filipino migrant workers most commonly encounter trouble with is the law on immigation. Malaysia, especially with the advent of the regional financial crisis, has been cracking down on the illegal migrants or undocumented migrants with more
zeal than ever.
herself to the Philippine Embassy and ask for assistance on how to go about surrendering. Sometimet uPon the representation of thJ Phtppine Embassy officials, the immigration authorities do not impose the penalty of imprisonment an)rmore. They iust require the worker to pay the kompoun. Thereafter, he or she is allowed to be repatriated. In many instances, the Embassy takes care of paying for the repatriation exPenses of the workers when the workers cannot really afford to pay for the same'
would have gone so high that the Filipino worker could not
49
The usual Problem though, is that the amount of kompoun
48
afford to pay for Ule same. What the Embassy does in such a case is to negotiate with the proper authorities for its lowering.
Malaysia illegally to find a job because under Malaysian law, even the employer or those who facilitated the workels employment will be su$ected to a penalty. Thus, not too many employers hire those staying illegally in Malaysia or what they term as illegal migrants.
government can easily monitor the presence of illegal aliens in its territory.
It is difficult for a worker who is staying in
Malays comprise about two-thirds
of the population.
Chinese comprise the second biggest group followed by Indians. Although the official language is Malay, English is widely used. (Migrants' Advisory and Information Network (MAIN) Reference Manual, Commission for Filipinos Overseas, Department of Foreign Affairs'797; p.88)
C. NEGARABRUNEI DARUSALAM 1. Brief Background
Friday is a non-working day since it is the rest day for the Muslims. However, Christians are allowed to have their rest day on a Sunday. This means that, although Muslirn is the state religiorg other beliefs are tolerated.
of Brunei is NEGARA BRUNEI DARUSALAM (Sultanate of Brunei). It is an oil-rich country located in the northwestern coast of the island of Bomeo. It is accessible via a mere 2-hour flight from Manila to its capitaf Bandar Seri Begawan. Filipino tourists ate allowed to travel to Brunei without visa for 14 days and vice versa - the two countries being members of the ASEAN. However, tourists are required to have (and show) an amount of at least five hundred U.S. Dollars (U.S. $500.00) as pocket money before leaving their country of origin and again at the immigration counter upon arrival in Brunei.
The official name
The two main areas of Brunei (eastem and westem part) are divided and surrouaded by Sarawak, East Malaysia. The eastem part of Brunei is composed of the Temburong District. The westem area is composed of Muara, Tutong, and Belait Distdcts. The capital, (the term used by Filipinos) is located in the district of Muara. Because of Bruneiis small land area, which is largely forested, one can acfually go around most of the interesting places in one day. For the same reasorl the
Being a Muslim country, liquor and other alcoholic beverages are generally ptohibited. However, small amounts may be allowed to non-Muslims provided that they consume
them in the privacy of their homes.
Not too many Brunei nationals work in tlte service sector. Thus, majority of the workers employed in said sector are foreign workers from the Philippines, Thailand and Indonesia' Recently, however, a policy was adopted to nationalize or reserve certain types of employment in the service sector to Brunei nationals. It is interesting to note, however, that foreiSn wotkers ale allowed to work for the govemment. Thus, there are Filipinos wolking in the public sector such as in the fields of education and information technology, among others.
As of August 1, 1998, there are 228,938 OFWs in Brunei. Of the total number OFWs, 63.99% are unskilled workers and domestic workers.
2. Legal
Workers
Mechanisms Relating
to
Ernployment
of
Foreign
a. Foreign Worker Policy

50
5l
Brunei Filipino Migrant Workers in Singapore, Malaysia and
Just like in Singapore, Brunei sets up a quota for e-mployers in hiring foreign workers for purposes of rtguhting the lattels influx. The quota is applied for by the employer. An approved quota does not only state the number.of foreign workers that an employer may hire but also prescribes the Jtumhr of foreign workers that may be employed per nationality based on the type of work. For instance, an approved quota may state that an employer is allowed to hire 3 drivers of Malaysian nationality and 2 machine mechanic of Filipino nationality.
There had been instances when this quota system was
used by some employers specifically to thwart the resurgence of a
stronger labor movement in their respective work environments. This is particularly significant in the light of the fact that Brunei laws do not accord the workers the right to sbike or to do collective actions.
were retrenched' Of approximately 20,800 foreign workers that belonging to the if e, Z,ZOZ were Filipino workers, maiodty Attach l-amberto skilled category. (RePort of and lnterview with Labour POJ-O- projects that there Marin, Brunei Darusalam, october 15, leea) The in be an increase in the demand for foreign workers ;tii;;; U'S' the in quota g-o;i t""u,r"" it has been Fanted a bigger Brunei will be market for ready-to-wear garirents' Furthermore' the ASEAN hostine two important intemational events; namely' APEC Conference in 2000' Again' the local ;#""";bil;the to cope iJ.t t"*t", -uy not be able to supply enough workforce to have may ;i h ,lt;;; devellpments. Ihus, this oil-rich country fill in the demand' "import" foreign riorkers to
b. Implementing Agency Brune i labour C-ommission

workels' The labor laws of Brunei also apply to foreign Labour fn""e ta*s .re ad.ministered and executed by the Brunei The fairs' io-r"ir"io" which is under the Ministry of Hgme Af. Conrmissioners of Labour Commissioner is assisted by Deputy ;;;; .. Assistant Commissioners' At Present there are two
The general sentiment in Brunei is that the Bruneian government recognizes the important role that foreign workers play in their economy and industry especially in the senrice sector where there are not too many Brunei nationals. The above
government. In additiory many Brunei families send their children abroad for university and further studies. Thus, their
observation could perhaps be attributed to the fact that Brunei has a very small population and most of its citizens work in the
^"j!1i?,Atf:J"i:] cor'nission "ppt*"aAssistantCommissio-ners a;:;.;-;, .*;1. under the Labour direct the1Tl1 concemed with "-j
Enforcement Team which
enforcement of labor laws.
training and educational background do not jive with the kind of work that is demanded of workers in the service sector.
, That Brunei recognizes the important role of foreign workers can also be gleaned from the fact that its labor laws do n9t only equally apply to foreigners in general terms, but they also contain very specific provisions for the protection of migr:rnt workers.
There had been massive lay-offs of foreign workers in the middle part of 1998. In fac! as of August 1, 1998, there were
52
foreign Adjudication of labor cases, whether involving lndustrial Relations' workers or'noL is lodged with the Labour ii"- f"l"f t decision- is directly appealable to the Labour
Conurrission.
quota for The Labour Commission fixes the employels to the number hirine of foreign workers/employees' Quota refers or .??.?"ig" *,iit"r" *hith an employer' whether.individual may emplov' ttre $ant of quota for companies
;;;;;f;;"
Filipino Migrant Workere in SingaPore, Malaysia and Brunei
fepenf+ among others, on its size. On the other hand, the quota for individuals largely depends on his or her income. The hiring of domestic workers, for instance, will depend upon the personJ quota given to the would-be employers.
_ tlrc company or individuaf as the case may be, desires to hire Filipino workers, the necessary documents, iogether with the approved quota, and employment conhact ,r""d-to b" fiI"d with the trOLO in Brunei for authentication. Thereafter, the latter decides whether or not to approve the application. In some instances, the POLO would approve less than the number of workers requested.
A11 foreign workers in Brunei must possess valid work permits. These work permits or employment passes (,'EM_pASS") are approved by the Brunei Labour Commission, as well. Ttrus, foreign workers wishing to work there must make sure that their employers take care of obtaining employment visa or what is
of any tools or other implements or is engaged in any activity which may give rise to the inference that he is doing any work the occuPier of such premises or place shall until the contary is proved, be presumed to have employed him knowing that he is an immigrant worker,"
(2)
xxx
xxx
(3) eoy employer who contravenes the provisions of zubsection (1) and any immigrant worker found working for such an employer shall each be guilty of an offence Penalty a fine (sic) of $10,000 and imprisonment for a terms of no less than 6 months and not more than 3 years." (Chapter XIV (118.1), Pait
IV, CAP. 93)
(MIGRANTS' ADVISORY AND INFORMATION NETWORK REFERENCE MANUAL, COMMISSION FOR FTLIPINOS O!'ERSEAS, Departmenr of Foreign IJfairs, 1997, p.94)
called "employment pass" before their arrival
in
Brunei.
The contract which the employer and employee enter into must be authenticated and approved by the Brunei Labour Com:rrission in order for the same to become binding.
3. Applicable Laws
The Inbour
Foreigners who work without the requisite permit are considered in violation of a very serious offense. Th-e workers, their employers, as well as those harboring and abetting the continued stay of illegal migants in Brunei is subjected to possible detention, fine and even deportation. Thus, the Labour Act specifically provides: "18. (1) No person shall knowingly employ any immigrant worker ur ess he has obtained a license from the Commissioner to do so in such form and subject to such conditioru as my be prescribed x x x Provided that where an immigrant worker is found at any premises or place and is in possession
54
Act (7955)
The principal law that governs employment in Brunei is the Labour Act (Act). The Act came into force on February 1, 1955 and amends and consolidates the laws relating to labor (cap. 93 I-aws of Brunei)
1- Workers Covered
(Chapter I (2), Pa* I, Cap. 93)
governs and regulates the employment of both Brunei nationals and foreign workers. It lays down the rights and obligations of the employer and employee, as well as the basic terms of employment. The Labour
Act
Filipino Migranl Workers in Singapore, Malay8ia and Brunei
Filipino Migrant Workers in SintaPore, Malaysia and Brunei
Since the Act applies equally to all workers regaldless of nationality, it is not surpdsing to see that it specifically provides
definitions
workers.
of
certain terms particularly addressing migrant
The act specifies who are considered as ,workers,', to wit:

a.
handicraftsman; miner;
other person engaged in manual labour;
b.
c.
trimrnigrant worker" under the Labour Act is any worker who normally resides outside Brunei and who has come to Brunei for the PurPose of Performing wolk there. The Act generally applies to domestic workers of all nationalities, as well. (Chapter xnl (100), Part Iv, cAP. 93) Domestic workers are termed "domestic servants" under the law' The term is used to refer to any house, stable or Sarden servant or car driver habitually employed in, or in connection wittu the domestic services in any public or private dwelling-house, eating house, club or institution.
An
d.
e.
labourer;
servant in husbandry;
f.
journeyman;
artificer;
h.
engaged
in recruiting
the above;
Furthermore, a subsidiary legislation sPecifically relating to domestic workers aPPeats in the same CAP' 93 called the Labour (Domestic Servants) RuJes - s.79/7L This legislation enumerates the sections in the LABOUR ACT which shall specifically apply to "domestic servanb." It categorically declares that "domestic servants" are included under the definition of
"worker."
i.
engaged in supervising in person any workman throughout the performance of his work;
in
and
2. Terms and Conditions of EmPloyment
who has entered into and works under contract with an employer and includes:
an
agreement or
i. ii.
an immigrant worker; and
The L,abour Act (1955) guarantees certain terms and conditions which are considered as minilrrurn emPloyment standards and which are expected to be in an employment
any person, other than clerical staff, employed in the operation or maintenance of mechanically propelled vehicles used for transport of passengers or goods for hire or for commercial purposes, 6ut does not include an apprentice or seanurn engaged on ships articles.
"agreement" or an emPloyment "contract." An "agreement" is an oral engagement to work entered into in accordance with the provisions of the Labour Act. An employment "contract", on the other hand, is a wdtten engagement to work entered into also in accordance with the provisions of the law' (chaPter I (2), Part I, cAP'
e3)
the engagement to work is made for a period exceeding one month or i number of work days exceeding 26. The same is required if the work to be performed relates to specified piece of work for an
57
The Act requires a wdtten "contract" when
56
Filipino Migrant Workers in gingapore. Malaysia and Brunei
Filipino Migrant Wotkers in Singapore, Malaysia and Brunei
employer, incapable of being completed within one month ftom the commencement of work. Finally, if the conditions of employment differ matedally from those custornary in the district of employment for the same type of work, the engagement to work must also be in writing. (chapter V(19), CAP. 93)
special order of the State Secretary published Gazefte;
in the
ii.
any contribution paid by the employer on his own account to any pension fund or provident fund;
just like in Malaysia and Singapore, Brunei authorities

fundamentally lespect and give much weight to the contractual stipulations between the employer and employee. Once an agreement/contract has been reached and the sarne has been approved by the Labour Commission, such will govem the rela tionship between the parties.
iii. any traveling allowance or any havelling concession; iv. any amount payable to the worker to defray special expenses incurred by him by the nature of his
employmenq
v.
In order to protect Filipino workers in Brunei, there are 2 standard contracts which the POLO-Brunei prescribes for OFWs. There is a standard contract that specifically applies to domestic workers and the other standard contract applies to all other types of workers. These contracts contain the minimum provisions necessary to protect the rights of the Filipino workers. Anything short of these standards shall not merit the approval of the Philippine Labor Office. Such approval is necessary in the processing of the employment papers of the parties.
any $atuity payable on retirement or on discharge. Brunei laws do not provide for workers' mininrum wage.
The government leaves to the parties and the market forces the fixing of the wage rate of the worker. Once fixed, it becomes the governing law between them. Almost always, it is the workers who get the raw end of the deal. Their bargaining relationshiP proceeds from an unequal posture leaning in favor of the employer. Thus, to protect Filipino workers, the Philippines provides a rninimum salary for some areas of work engaged in by Filipinos. For instance, as of the mid-part of 1998 the minimum wage set by the Philippines for domestic workers in Brunei was at 320 Brunei Dollars. Contracts which provide for any amount below the rninimum are disapproved by the POLO-Brunei.
Act is a.
Be that as
it
may, the employee/worker covered by the
guaranteed
the following general conditions of
employment:
Salary/Wage - Under the Act, "wages" refer to all remuneration which is payable to a worker for work done in respect of his agreement or contract but excludes the following: (Chapter I(2), Part I, CAP.93)
i.
Although this assures Filipino workels of a very good wage rate, it sometimes becomes a liability. Workers from Thailand and Indonesia, for instance, would agree to receive wages way below the prescribed minimum wage for Filipino workers. Thus, the tendency of some employers is to oPt to
employ those whom they can pay less. This is one negative effect of the "free-market".. system in relation to guaranteeing decent standards of employment for the workers.
the value of any house accommodation or the supply of any food fuel, Iight or water or medical attendance, or of any amenity or services excluded by general or
58
59
Filipino Migant Wotkers in Singapore, Mataysia and Brunei
However, notwithstanding
competitiory many employers still prefer Filipino workers because of their facility with the English language and because their job performance is more satisfactory than any other nationality.
the above concem
for
Under the standard contract provided by the POLO, all complaints must be brought before the Comrrrissioner or Deputy Commissioner of Labour before the employees concerned leave
Brunei.
b.
Days and Hours of Work - No worker, except for a shift worker, must be required to work more than 6 days in a week or for more than 6 consecutive hours without a Lreak, or for more than 8 hours a day of actual work. Otherwise he shall be paid wages for the extra work. (chaprer XIV (104.a - 10a.b), part IV,
cAP. 93)
e.
Termination - If the engagement to work is pursuant to a "Contract " the same terminates generally by the expiry of the period for which it was made and by the death of either party io the contract. It may also be terminated with the consent of the Labour Commissioner if the employer is unable to fulfill the terms thereof,
The Philippine standard conhact for domestic household workers in Brunei provides that the worker shall not work more than 10 hours each day dnd shall be given at least g hours of rest/sleep a day. The standard contraci for all other workers in Brunei requires only a work hour not exceeding g hours a day from Monday to Saturday. Holiday and Rest Day - No worker other than a shift worker, shall be required to work on a prescribed holiday or rest day. If any worker, at the request of his employer, works on a prescribed holiday or on a Friday (or other reit day which had been agreed upon by at least 3 days before such rest day is taken) he or she shall be paid for such work at the prescribed rates. (Chapter XIV [04.a - lot.b], part fV, CAp. 98) The standard contract for Filipino wotkers requires a one day rest per week, normally on Sundays.
Redress of,Grievance - Any complaint relating to employrnent must be filed with the Labour Indushial Relations Oflice. The
Furthermore, the contract may be terminated by mutual agreement of the parties with the consent of the Commissioner subject to conditions safeguarding the worker from loss of his or her right to repatriation. The Com:rrissioner should be satisfied that the worker freely consented to the termination and that all monetary liabilities between the Parties have been settled. Finally, su$ect to the terms of the contract, either party thereto may terminate the same by g"i"g to the other notice of termination. If the contract engages the employee to work for more than one mont[ notice should be given not less than 14 days and may be given orily after one month of employment has
elapsed. (Chapter V
(27 - 28),
cAP. 93)
If the engagement to work is pursuant to an "Agteement"

or an oral engagement to work for one month or less, either Palty may terminate the same upon the exPiration of due notice given by one party to the other. The length of the notice to be given shall, uriless otherwise stiPulated, be equal to the period of the agreement to be terminated. However, in no case shall it be tr"cessary to give notice exceeding one month or in the case of domestic servants a period of 14 days. Furthermore, the notice may be either oral or written and may be given at any time. The
decision of the latter may be appealed to the Labour Comrnissioner. Any adjudication mide by the Commissioner may be appealed to the Minister of Home Affairs within j.4 days from notice of order or decision.
60
6l
day on which notice is given shall be included in the period of the notice. (Chapter rV [12])
notice, either party to an agreement nury terminate the same upon payment to the other party of a sum equal to the amount of wages which would have accrued to the worker during the period of notice. (chapter w[r3])
In lieu of
It must be noted that according to the POLO even if there is a no valid cause for terminatior! as long as the giving of notice
The unique provision of the Brunei Labour Act is the preby paying the salary conesponding to termination of &Pioyment 'This payment in lieu of notice is. specifically the period of notice. pro;ided in the Labour Act to aPply to "agreements'" ,, However' 'th" A"t dou, not exPlicitly state the salne to apply to "conttacts'" orrgt in practice the payment of certain benefits in lieu of "ttt "i" uppU"a to terrninations of both "agreement" and ooti." ^ftti, b".uo"" parties are free to incorporate the i"
"contract." same into their contracts.
or the payment in Iieu thereof is made, the employer or the employee rray terrninate the employment. This observation is
not without basis as the same may be implied from Chapter IV (14) provision of the Act. It enumelates the instances when an employer may dismiss a worker without notice, to wit a) misconduc! b) willful disobedience; c) lack of skill; d) neglect of duty; e) absenteeism. Said provision speaks of the instances when notice may be dispensed with and not when an employee may be dismissed. Thus, it can be inferred that so long as there is notice,
an employee may be dismissed.
Brunei requires the employer to give one month notice or one month's salary in lieu t e or she wish to terminate the contract' The of i.oti."
Thus, the SEC for Filipinos
in
The standard contract required to be used by Filipino domestic workers provides for the same grounds for termination by the employer found in Chapter IV (14) of the Labour Act. However, it adds the instances when the worker may terminate lhe same, these are: a) inhuman Ueatnenti b) reasonable fear of physical harm from violence or disease; c) deliberate nonpayment of salary; d) physical molestation; e) physical assault, I illegal employmen! g) transfer without consent/approval of the Commissioner; and h) violation of contract.
"nolotd notice employee, on the other hand, is required to give one nronth or forfeit a month's salary. f. Repatriation - The Act defines the term as the "return of a worker to his country of domicile or origin and includes the return to his house oi a worker (sic) who has been brought to a place of employment by an employer from any other place within Brunei." (Chapter I (2), Part I, cAP' 93)' Every worker covered by the Act shall b9 entitled to be repatriated it the expense of tlre employer to the place of origin or (96 1)' the place of engagement in the following cases: (chaPter )cI
Pa* W, cAP' %)
i. ii.
the agreement ot contract
has expired;
It is interesting to note that the standard conkact that applies to all other types of workers does not enumerate the grounds when the employee may terminate the employment contract the way that the standard contract for dornestic workers
does. 62
termination of agreement or contract due to the inability of the employer to fulfill his obligations; iii. termination of agreement or contract due to the inability of the employee/worker to fulfill the same
because of sickness or acciden!
iv. termination of agreement or conuact
by notice;
b. Sufficient supply of clean water; d.
(60.b.) (60 c) (6a)
v.
upon the order of the Commissioner if the worker is subject to ill-usage in person or properly; and
c. Sufficient and proper sanitation arrangements;

e. Cost of medical care and treatmenti
vi. temination of the agreement or contract by agreement between the parties, unless the Commissioner of
labour disallows it.
Separate housing accommodation for each race;

(55)
f.
Chapter y\fl,(96.2), specifically provides that every immigrant worker who is ordered to leave Brunei under or in accordance with any provision of any written law enforced in
relation to immigration shall be repatdated at the expense of the employer to the place of origin or place of engagement. The expenses of repatriation shall include the travelling and subsistence expenses during the joumey. It shall also cover subsistence expenses during the period, if anp between the date of termination of agreement or contuact and the date of
Decent interment for any worker and/or "dependents" who may have been accompanying him/her in Brunei; and 1eo;
g. With due regard to the situation of employment and the number of workers, the construction of hospital by the
employer for the benefit of the emPloyees. (64
Depending on which of the above ptovisions is violate4 the imposable penalty ranges from a fine of 600 Brunei Dollars to 1,500 Brunei Dollars and/or imprisonment for 3 months. (Chapter
X(69), Part W, CAP. 93)
repatriation. Finally, it shall include provision for
decent interment and the payment of reasonable expenses of burial in the event of death of a worker occurring during the course of, or pending, repatriation. However, the employer shall not be responsible for subsistence expenaes covering the period during which repatriation has been delayed due to the workers choice or for reasons of foru majeure , when the employer has been able to use, during the said period, the services of the worker at the rate of the wages stipulated in the expired contract. (chapter xII (96.4 %.s)
4. Special Provisions Relating to Employment of Women

(Chapter
CAP. %)
a. Matemity Benefits - Every female worker shall be entitled to a leave from work during periods 4 weeks before and 4 weeks
after confinement (means delivery of a child - chaPtei I (2), Part I, cAP. 93) With respect to such Perio4 referred to as the "benefit periods," she is to receive from her employer matemity benefits. The payments shall include the rest days and holidays. (chapter )O (838a))
b. In general, no female shall

3. Benefits
The following benefits are mandated by the Act to be provided by the employer to the employee/worker: (chapter X(5769), Part IV, CAP. 93)
be employed during the "nightu in any industrial sefting. "Night" should be construed to mean a period of at least 11 consecutive hours. (chapter )c (75))
c.
Generally too, no female shall be employed on undergtound mining. (chapter XI (78(2))
a. Sulficient and hygienic house accommodation;

64
(60.a)
The above benefits and rights can not be diminished nor contracted out. Any agreement or contract relinquishing or diminishing the dghts mentioned shall be void. (chapter XI(%))
The above prohibition to employ women in industrial setting should be read in relation to the definition of "industrial undertaking" under the same Act which includes the following:
(Chapter I(2), Part I, CAP. 93)
calculated pursuant to the formula prescdbed under the Act exceed 750 Brunei Dollars. Furthermore, any person whose employment is of a casual nature and not for the purposes of the employer's trade or business is also excluded from the coverage.
(Sec. 2(1)(a) and 2(1Xb),
cAP. 73)
i.
mines, quarries and other works
for extraction;
Domestic workers fall within the coverage of the Act unlike the Workmerls Compensation Act of Malaysia where "domestic servants" are specifically excluded from the coverage of the law.
u. industries in which articles are transformed into some new form;

lU. construction and maintenance works; and
11/.
2. Benefits
Any personal injuries by accident arising out of and in the course of the employment caused to a "workman" makes his or her employer Iiable to pay compensation in accordance with the provisions of the Act. Any disease or death resulting from such
injuries is also compensable under the Act.
Emergency (Public Entertainntent) Ordet of 1997
transport of passengers or goods by road or rail or inland waterway, including the handling of goods at dock, quays, wharves and warehouses, but excluding transport by hand.
Workmen's Compensation
Act
1, Workers Covered
All "workmm" are covered by the provisions of the Workmer{s Compensation Act (Act). A "workman,' is any person who has entered into or works under a contract of employment either by way of rranual labor or otherwise. The Act does not distinguish whether the contract is written or oral Neither does it distinguish whether the contract is an expressed or implied one. Furthermore, the way remuneration is calculated, e.g., by time, or by outpu! or weeklp or monttrly or for longer periods or otherwise, will not affect the inclusion or exclusion of the person from the coverage of the law. (Sec. 2 (1), CAp. Z3)
Excluded from the coverage of the law are persons employed other than by manual labor and those whose earnings
66
In June 1992 the Sultan and Yan Di Pertuan of Brunei Darusalam Govemment enforced the Emergency (Public Entertainment) Order. Under the said Order, it is necessary to fust obtain a license before organizing any kind of public entertainment that would athact Large crowds except those organized by the Govemment or local authorities, religious activities and meetings of registered private companies and organizations. Private family gatherings, wedding celebrations and other private parties at homes and residential areas are excluded from the Order. However, organizers of such pdvate functions must comply with the current arrangement of
informing the nearest police station of the holding of the same for security reasons. A fine of up to 10,000.00 Brunei Dollars is imposed on the organizers of any illicit activities in contravention
of the Order and those who assisted in organizing

activities.
PP.-t-2')
such
(Bomeo Bulletin, Th.ursday,
21,
May 199a, Malal Hassan Othman,
contract submitted, This theo will be viewed by the Commission as the amendment to the eadier one submitted.
Hence, the worker is stuck with the terms thereof, even if the salary is much lower than that agreed to in the Philippines' Once the "zubstitute contract" has been aPProved by the
Filipinos are advised to take notice of this Order as they are a very sociable people by natufe and love to organize social gatherings.
3. Problems Encountered and Remedies Sought

a. Contract Substitution and Contract
Violations
Commissioner, any violations of the contractual terms would have to be judged, therefore, on the basis of said contract' This is because, is atready mentioned, Brunei authorities resPect 'rnd rely heavily on contracts as the goveming law between the
parties.
As stated previously, contract substitution normally

occurs when upon ardval at the airport in Brunei, the workers ate forced to sign a document representing a contract of employment which contains provisions materially diJferent from those which they agreed to while still in the Philippines. Lower salary, change of nature of employment from monthly pay to daily or piece rates, and diminution of certain benefits are the provisions most
In this regard, the POLO could not do much' What it does in situations like this is to refuse to grant further request for labor/worker deployment from the same agency or emPloyer in the future. This proscription becomes preventive in a sense, insofar as future deployments ate concemed. It also becomes penal insofar as the agencies and employers get blacklisted'
The common forms of violations arising from contracts of employment are non-Payment, under-payment, and delay in the payment of salary, non-Payment of overtime services, nonpayment of services rendered on a holiday, non-reimbursement illegal termination, no rest day, no medical benefits if' ^otu"", and longer work hours.
commonly substituted. The migrant workers are le{t wit}rout much choice but to sign as they have already undergone through the whole process of application and deployment and have already incurred so much.
Sadly , thouglu in cases of contract substitutior! the Brunei
labour Commission could not do anything as it views a contract of employment as purely a private undertaking. Thus, the filing of complaint before the same is not a welcome idea as the
likelihood of the case being dismissed is almost certain.
Prior to the worker's arrival in Brunei, the contract should have already been authenticated and approved by the POLO and the Local Magistrate in Brunei (Labour Commission). However, after the signing by the worker of the new documents upon arrival, the unscrupulous agency or employer re-submits the same to the Brunei Labour Commission to substitute the first
68
If the employer reneges on his or her obligations as stated in the contract, said contract may be terminated with the consent of the Labour Comrnissioner. (chapter v(7)(3), cAP. rc) Implicit in this is the need to bring the matter before the Commissioner' However, it is best to seek the assistance of the POLO to first settle the matter with the employer. The worker should proceed to the office of the Labour Attach6 and fill up a REQUEST FOR ASSISTANCE FORM . The POLO, would first try to conciliate by arranging a meeting with the employer for possible settlement' Irr io"t"t."t, it is the Brunei agenry responsible for the
"orn"-
69
recruitrnent which intervenes between the employer and the employee. If all these efforts fail, the Labour Attach6 endorses the
case to the Labour Comrnission for conciliation.
It must be remembered that for a complaint before the

Labour Commission to prosper, the worker must not leave Brunei teritory. Thus, some Filipino workers are forced to stay there until the terrnination of their case. They usually stay at the Filipino Workers' Development Center and are supported by the Philippine Embassy. As already mentioned, it is illegal for workers to continue staying in Brunei if they do not have the necessary employment pass. With the termination of their employmen! their employrnent pass also gets cancelled. Since it becomes necessary for them to remain in Brunei while awaiting the final adjidication of their respective cases, the immigration authorities issue a special pass to make their continued stay in Brunei legal. Usually this pass is issued upon the representation of the Philippine Embassy. One other remedy available to the worker is to go against the recruitment agency upon his or her retutn to the Philippines. As mentioned before, a complaint may be filed before the NLRC for contract violations as against the Philippine recruitment agency responsible for deploying the worker concerned, Under Philippine laws, said recruitrnent agency is solidarily liable with the foreign principal employer for any claim that may accrue to the worker in relation to his or her employment.
There are instances when the employment contract is Preterminated, that is, the contract is cancelled before the date of expiration. The worker may transfer to another employer provided the original employer consents and releases the worker. Thereafter, processing of the necessary docurnents should be carefully done as it is again'st Brunei laws to work for an employer other than the one stated in the contract.
70
undocumented who go to Brunei and for those not only workers; Filipino migrant work without the requisite employment permits and papers but also for those workers whose contracts/work permits have expired and yet, they continue to stay or work in Brunei' This is so because their continued stay without the necessary Permit not only renders them vulnerable to abuses by their employers but also puts them at odds with immigration officials. To reiterate, illegalty staying in Brunei is a very serious offense. The penalty may be a fine and imprisonment and subsequent deportation. As already mentioned, it is not only the workers who are punished but also those who employ or harbor them.
There
is also a growing concem for
When faced by such a circumstance, it is better to go to the POLO and secure its assistance for final repatriation to the Philippines. The Philippine Embassy would try to make representations to the proper authority in Brunei so as to avoid imprisonment and payment of large fines tmtil final repatriation. ln many instances, the POLO pays for the repatriation expenses of the workers. There is also a phenomenon in Brunei casually termed as "free-lancing" which may be considered as a situation wherein a worker may also be considered an undocumented worker. It is iJlegal to work in Brunei without the employment pass' As mentioned earlier, an employer is given a quota for the number of foreign workers that it could employ. Employment Pass or Permit may only be obtained if the worker has been recruited pursuant to the quota for employment of a particular employer (Exception of course, is given to employees for hire by the Royal Family). "Freelance" work arises when a worker's employment has been terminated and he or she transfers to another employer but still using the quota of his or her former employer; with either the new employer or the worker himself or herself, paying the royalty to the first employer for the use of the said quota.
Filipino Migrant Workers in Singaporc, Malaysia and Brunei
Filipino Migant Workers in Singapore, Malaysia and Brunei
approval of large quota for hiring of foreign employees even if said employer has no need for such a large number. When the quota is approved, the employer would recruit workers for Brunei even if it has no need for these workers. Upon arrival, the workers will be deployed to some other employers using the approved quota. In retum, the enterprising employer receives payment for the use of its quota. This is an illegal practice. The owner of the quota, the worker and his or her actual employer are aiways at risk of being apprehended and penalized with a fine of 10,000.00 Brunei dollars and imprisonrnent for a term of not less than 6 months to not more than 3 years.
Another situation which gives rise to "free-lancing', is when the employer applies to the Labour Commission for
b. Conditions of Work
Compared to Malaysia and Singapore, problerns rangmg {rom physical maltreatment, verbal abuse, sexual harassment, poor working conditions to simple misunderstandings with the employer are not too rampant in Brunei. However, these problerrs together with others - such as poor health, failure to corrmunicate well with employer due to language barrier, and a jealous female employer, do pose real threats to the well-being of the Filipino migrant workers. Most of the reported Problers pertaining to conditions of work are exPerienced by domestic workers who comprise majority of the Filipino workers in Brunei.
To prevent this situatiory the POLO takes pain in scrutinizing the request for labor deployment to Brunei. For instance, an employer who would build a house amounting to 200,000 Brunei Dollars with a request for 20 masons and 20 carpenters would appear spurious. Thus, it may decide to grant
only half of the request.
circumstances such as verbal abuse, physical maltreatment sexual harassment or poor work conditions happen, it is well to bring the matter before the Labour Commissioner. Under Brunei laws, a contract of employment may be terminated upon the order of the Labour Commissionel if the worker is su$ect to "ill-usage in person or proPerty.rl Furthermore, the same complaint procedure may be followed as in violations of contracts. (chapter w (15) & chapter v (28), CAP. 93)
If
If a worker, who finds himself or herself entangled in the above-mentioned quagmire, is able to convince the employer or the owner of the quota to release him or her from the quota because he or she has found another employer with a legitimate quota and need for his or het services, such worker may approach the POLO for assistance in the processing of documents so that when he or she goes back to the Philippines, there would be no need for POEA processing. Upon arrival in the Philippines, the documents already processed at the POLO-Brunei need only to be presented to the Brunei Embassy for approval and stamping. Thereafter, the worker can fly back to Brunei as a fully and legally documented Filipino migrant worker.
For victims of criminal conducts such as injuries and

sexual abuse or attempt to commit the same, the comPlaints may be brought immediately to the police for a swifter action. It is advised that victims, insofar as practicable, should go first to the Philippine Embassy for assistance in bringing the matter to the attention of the police. In Brunei, the police officers can issue warrants for the arrest of the suspect. These officers coul4 theD effect the arest. The suspect who has been arrested is accorded the right to post bail. Thereafter, a case may be filed in court. The Philippine Embassy provides legal assistance to the victinrs. It
has a retained legal counsel who helps in the prosecution or defense of cases involving Filipino workers.
72
73
It is noteworthy to remember that for crimes such as those mentioned above, it is important for the worker to im:nediately go to an accredited hospital and secure a medical certificate which can become handy not only dudng trial in Brunei but also in the Philippines should the victim decide to file claims with the NLRC. All evidence that may be obtained must be kept and documented
proPerly.
3.
Violation of Local laws
Marital infidelity is a growing concem among Ffipino corwrunities in Brunei. This stems from homesickness, Quite a number of martied Filipino workers both nale and female who come to Brunei for employment find themselves entangied in an illicit relationship with another worker, more often than not, with a Filipino also. There had been instances that the extra-marital affairs have resulted to pregnancies. This is one of the social costs of migration- Filipinos attribute this phenomenon fundamentally to homesickness. Brunei is such a small country and there are not too many places for amusement and entertainment.
To address this social problem, the Philippine Embassy organizes different activities so as to lessen homesickness. Thus, sports festivals and cultural shows are held periodically. There are also quite a number of social and civic organizations run by Filipinos. They, too, initiate activities to strengthen and boost the morale of their countrymen in Brunei. The Catholic and other Christian churches also provide spiritual and social activities to make the extra time of the workers productive and worthwhile.
The POLO operates a center for distressed Filipinos called the Filipino Workers Development Centet, It does not only house Filipino workers who have nowhere else to stay but also conducts review classes in preparation for professional board exams specifically for Electrical Engineers and Master Electricians.
Illegal possession of firearms, possession of prohibited drugs, and violations of imrLigration laws are the most coflunon crimes associated with foreign workers. These, too, are considered the most serious of all crimes under Brunei laws. The first two are meted out with the penalty of death. Illegal use and possession of liquor or alcohol beyond the allowable limit are offenses which are associated with foreign workers, as well.
Whenever, a Filipino migrant worker comes into conllict with the law particularly relating to the above-mentioned serious offenses, he or she should immediately seek assistance from the Philippine Embassy so that the latter could provide the necessary legal representation with the proper authorities.
There had been occasions where Filipino workers were meted the penalty of life imprisonment or even death. In these cases, the Embassy provided not only legal counsel but other assistance, as well as gathering of evidence and strengthening the morale of the accused.
In facl there was one instance where a Filipino was sentenced to death. The Embassy officials, aside from continuously providing legal and moral assistance to the convicted Filipino also relentlessly reminded and pleaded with former president Mr. Fidel V. Ramos to make representations before the Sultan so that the death sentence may be corrmuted. Their efforts paid off when the Sultan finally commuted the death
sentence.
Although Filipino workers did not have so serious complaints against the Philippine Embassy officials in the pas! neither were they open to, nor did they fully depend, on them. One of the serious complaints of the Filipinos in the past is the snail-paced processing of the documents at the Embassy. To
75
74
Filipino Migrant workers in Singapore, Malaysia and Brunei
date, the Philippine Embassy in Brunei" especially the POLO office, has been gaining credibility because of the changes that it has been initiating. For instance, there is now the policy and system that requires the POLO to process the Filipino workers' documents within 24 hours or less. It also goes to the remote areas where Filipino migrant workers are deployed to conduct onsite processlrg service so that the workers would not have to travel so far for so many hours to go to the Embassy. This is very important especially in a country where there is a dearth of public transport vehicles.
hear and decide the claims arising out of an employer-employee
relationship or by virtue of any contract involving Filipino workers for overseas deployment including claims for actual, moral exemplary and other forms of damages. (Section 10, Republic
Act no.
80t12)
What are the common money claims filed before the
Labor Arbiters?
A:
1.
With these initiatives Filipino workers are becoming more open to what the Philippine Embassy can offer. The road towards a greater partnership between the Filipino migrant workers and the Philippine Embassy is broadening.
Illegal Disnrissal 2. Nonpayment of salaries 3. Nonpayment of the unexpired portion of the contract 4. Refund of transportation fare 5. Nonpayment of overtime pay 6. Refund of placement fee Who has the burden of proof in illegal dismissal cases?
Filipino migrant workers
in
Brunei who belong the
vulnerable service sector, seem to be better-off compared to their counterparts in Malaysia and Singapore. However, one should never forget that abuses and violations of the rights of migrant workers whether pervasive or limited are still upfronts to the dignity of these workers and to the Filipino nation as a whole. Thus, the government and all concemed should work even
It is a basic principle in the dismissal of employees that the burden of proof rests upon the employer to show that the dismissal of the employee is for a just cause, and failure to do so would necessarily mean that the dismissal is not justified. loel Rosario as. ASBT Intemational Managetaent Seruies, Inc, et a| NLRC-NCR Case
No. OCW (L) 0G11-2937-%;Deertet 8,1997)
Q: A:
harder to help improve the plight of the Filipino mi$ant workers in Brunei and the rest of the destination countries where Filipino migrant workers can be found. Chapter
Q: A: Q: A:
Are quitclaims valid?
It is valid if it has not been shown that the complainant

(Porqueza, fu. os. Infucorfl amnunicolions
et
had been forced to execute them.

Netwo*,lnc.,
III: RA 8(Xjl in Application:
Cases decided by Philippine |udicial and Labor Courts
al; NLRC-NCR Case No. ffi42{135L97; November 7,1997)
What are the awards in case of illegal dismissal?
A. Q: A:
MONEYCLAIMS
Who has jurisdiction over money claims?
The Labor Arbiters of the National Labor Relations Commission shall have the original and exclusive jurisdiction to
In case of termination of overseas employment without jus! valid or authorized cause as defined by law or contract, the worker shall be entitled to full reimbursement of his or her placement fee with interest at twelve percent (12%) per armunl plus his salary for the unexpired portion of the employment
77
contract or three months for every year of the unexpired term, whichever is less.
Q: A:
What degree of proof is necessary in cages of money
claims?
What are the awards Q: legal?
in
cases where
the dismissal is
A:
A worker is entitled only to payment for eamed salary. He cannot claim the unexpfued portion of the contract if the dismissal is legal. (Rustia os. Far East latcfttationql Mtnpower Seroices, Inc.
an{or Chiu Yin Mui, POEA
Case
No. (L) 9s{6'-728tMay 221994
What is the liability of the principal/employer and the recruitment/placement agency in cases of money claims?
In pursuing money claims, workers cannot be expected to come up with conclusive evidence especially documentary in support thereof, because they are not in possession of the same. It is the employer who holds such evidence. It is sufficient that the employee alleges ultimate facts which convey the idea that they have to receive all or part of their statutory or contractual benefits due them and show that the employee is not entitled to the benefits or has aheady received the sarne. (sumadic rnd Dionisio vs. l.H.
Imperial Org. Placernent Corporation - Hualey Garments Monufocturing Brunei SDN BHD; NLRC-NCR Case No. (L) 9F061766; Iune ,"1994
A: The liability shall be joint and several. The performance bond to be filed by the recruitrrent/placenrent agency shall be answerable for all money claims or damages that may be awarded to the workers. (Section lQ Republic Act no. 8042)
Can a local agency still be held solidarily liable with the foreign principal if the agency agreement was terminated by the latter?
Q: Can an accredited transferee recruitment agent of a foreigrr errployey'recruitment office be held liable under POEA Rules and Regulations (POEA Rules) for the illegal dismissal of an overseas worker who filed the case prior to the ttansferee agent's accreditation? A:
Section 6, Rule I, Book III of the POEA Rules states that: "Section 6. Transfer of Accreditation.- The accreditation of a principal or a project may be transferred to another agency plovided that transfer shall not involve any dirninution of wages and benefits of workers." The transferee agency in these instances shall comply with the requirements for accreditation and shall assume full and complete responsibility for all contractual obligations of the principals to its workers originally recruited and processed by the former agency.
A:
reeo)
The Supreme Court

held that:
rrWhile
in the case of Mars lnternational

ruo, rrszaa, yuly
Manpower, lncorporated os. NLRC, POEA, et al 1c.n.
r7
it is true that under POEA Rules, the
newly accredited agency shall assume full and complete responsibility for atl contractual
obligations of the principal to its workers, it does necessarily and automatically release the former agency for the same solidary responsibility. Besides, the petitioner adnrits in its petition that private respondent was deployed to the Kingdom of Saudi Arabia by petitioner Mars lrtemational."
not
People os. Ortiz-Miyal(e (G.R. Nos. 11533&39; Septembet 16,1997), the Supreme Court held that the case is
However, in the case
of
an exemption to the Rule.
ln
said case petitioner (transferee

79
/8
Filipino Migrant Workere in Singapore, Malayeia and Brunei
agent) became the accredited recruitment agency two months after original agent (MARS) has filed its answer to the complaint. The Supreme Court stated tlat:
equity, however, dictate that MARS should not be totally cleared of its liability to complainant under the peculiar circumstances of this case. Section 6, Rule II, Book III of the POEA Rules may not be used as a shield against liability by a recruitrnent agency that has been substituted by a foreign principal as its local recnritment agency after it has clearly incurred liabifiry in favor of an overseas worker. After all, the POEA is presumed by law to have
Decree No. t142, as amended, otherwise known as the Labor Code of the Philippines x x x"
'rBasic principles
of justice and
Based on the cases, what are the common indicators of illegal recruitment?
Q:
A. 1. Payment of more than the amount authorized by law as

2. 3.
placement fee; Transactions are not made inside the recruiter's officei No receipt is issued or the receipt issued does not reflect the fulI amount paid; and No contract is shown 01 contract is given only upon departure.
4.
intended
right and justice to prevail
in
promulgating its rules. Consequently, considering that it was MARS with whom the complainant entered into a conbact and that it had been accorded due process at the proceedings before the POEA, it is but meet and just that MARS be the one to be held accountable for her claims,"
A crirninal action arising from illegal recruitrnent is filed with the Regional Trial Court of the province or city where the offense was comrnitted or where the offended party actually resides at the time of the commission of the offense. (section g
Republic Act No. 8042)
Q: A:
Where do you file illegal recruitment cases?
B.
ILLEGAL RECRUITMENT
Section
recruitrnent as:
6 of
Republic Act No. 8042 defines illegal
In the conviction fot illegal recruitment, is it necessary that the person charged must have done some positive acts in looking for recruits (solicited or advertised his or her trade)?
Q: A:
canvassing, enlisting, contracting, transporting, utilizin& hiring, or

procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a nonlicensee or nonholder of authority contemplated under Article 13 (1) of Presidential
"ury act of
The Supreme Court has held that there is illegal recruitment when one PurPorts to have the ability to send a
worker abroad though without authority or licerue to do so. He or she may merely give such an impression in order to induce an applicant to tender payment for fees. Even if the accused initially may not have done anything to entice individuals to apply for her employment abroa4 it does not in any way blot out her liability for engaging in illegal recruitment. The meaning of illegal recruitment must be understood in the light of what the law contemplates, not of common p atlalce. (People os vi\asr 2TT scRA391)
81
80
Q: A:
accused only assisted in the processing of passport and medical certificate? In People as. Diaz (G.R. No. 112175; Juty 26,1996), the Supreme Court ruled that a person is guilty of illegal recruitment when he gives the impression that he has the power to send workers abroad. In the said case, the Supreme Court made the observation that it was hard to believe that services promised by the accused to the three complainants were to consist only of his assistance in the procurement of passports and medical certificates for each of them for they themselves could have easily secured these
documents at a lesser cost.
Is there illegal recruitment when the
officer or bureau. An employee who actually makes referrals to the agency of which she is a part is engaged in recruitment. conviction for illegal recruitment?
The Supreme Court has previously ruIed that the absence receipts evidencing payment does not defeat a criminal prosecution for illegal recruitment. (People vs. Villas, yZ SlC,RAg9lr) IA
Q: A:
Is the
presentation
of
receipts necessa{y
for
the
of
People os. Pabalan 1C.n. No. 115356 ard G.R. Nos. 117879-A; September 30,
1996),
Supreme Court ruled that:
Q:
May an accused be held liable for illegal recruitment even if she works for free in helping people travel to fapan and she does not receive any commission from anyone like a travel agent or recruiter?
positively shown through their
"x x x the absence of receipt in a criminal case for illegal recrrritrnent does not warrant the acquittal of the accused and is not fatal to the case of the prosecution. As long as the witnesses had
A:
The trial court ruled in People as. Manahan, ef al (criminal Case No. 9L13875L; October 22, 1994 that mere referral for a job
placement is punishable by lara'. Article 13 (b) of the Labor Code
says:
respective testimonies that the accused is the one involved in the prohibited recruitrnent, he may be convicted of the offense despite the want of receipts."
"Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utiliztng, hiring, or procuring workers, and includes referrals, contract services, promising or advertising for ernployrnenN locally or abroad, whether for profit or not x x x (Italics supplied.)"
Is denial that she did not receive the money from the applicants sufficient to acquit the accused of illegal
recruitment?
Between accused denial of the crime charged against her and the parties' identification of the witresses, the Supreme Court has ruled as follows:
Q:
A:
ln People ?)s. Goce (247 sl:RA 7s0), the Supreme Court held that referral is the act of passing along or forrvarding of an applicant for employment after an initial interview of a selected applicant for employrnent to a selected employer, placement
82
"Clear and convincing identification having been given by the eyewitresses regarding the participation of accused in the crime, his deniat and explanation cannot overcome such evidence." (People as. Campana,124 SC.RA 27)
Q:
What is the liability of a tecruitment agency for the acts of its employee who is not authorized to recruit?
83
A:
In Sarto, et al. Vs. ILC Conrad Eaans Manpower Inc. and Country Bankers Insurance C.orp. (P]EA Case No. RV 97-10-0995), the POEA ruled that the recruitment agency/s denial of liability for the recruitrnent acts of it employee on the ground that she is not authorized to promise overseas employment and that her collection of fees from applicants for whatever purPose was fol her own personal gain and profit is legally untenable. Under its verified Affidavit of Responsibility submitted as one of the prefcensing requirements, respondent agency assumes full and complete responsibility for all act of its offiaials, employees, agents and/or representatives done in relation to recruitment and placement. The recruitment acts, therefore, of its employee towards herein recruited persons are deemed acts of respondent agency for which it is fully responsible; more so, when the recruiknent acts were all done inside its premises which implies knowledge and tolerance of such activities by respondent agenry.
recruitment and illegal recruitment in large scale?
Is it necessary that all the private complainants testify before the accused may be convicted of illegal recruitment in a large scale?
Q:
A; In illegal recruitment in large scale, the law does not require that at least three victims testify at the trial. However, it is necessary that there is suJficient evidence proving that the offense was committed against three 01 more persons . (ABD Olterseqs
Moxpower Corporation os. NLRC, et altc..R. No. 117056; February 24,'1998)
Q: A:
Is conspiracy applicable in cases of illegal recruitment in large scale?
Q: A:
What is the difference between simple
illegal
Yes. Even if only two applicants for employment abroad were able to pinpoint the accused as an illegal recruiter, it is illegal recruitment in large scale when the prosecution is able to establish conspiracy among the accused. The act of each of them in conspiracy was the act of the other. It rnust be sufficiently shown that the conspirators recruited definitely rnore than three
Pelsons.
(People os. Santos; G.R.
No. 1133M; JuIy 28,1997)
In ABD Oaerreas Manpower Corporation os. NLRC et al (G.R. No. 117056; February 24, 1998), the Supreme Court held that simple illegal recruitment is committed where a person:
Q: What other case may a victim of illegal recruitment against the recruiter? A:
An illegal recruitment victim may also file a
file
(a) undertakes any recruitrnent activity defined under Article 13; (b) or any prohibited practice enumerated under Articles 34 and 38 of the Labor Code; and
case for Estafa. Article 3L5(2)a of the Revised Penal Code provides that:
"Any person who shall defraud another by any of the

means mentioned herein below:
xxx
(c) does not have a license or authority to lawfully engage in the recruitment and placement of workers. Illegal recruitment in iarge scale further requires a third element, that is, the offense is committed against three or more persons, individually or as a group.
R4
2.
By means of any of the following false pretenses or fraudulent acts executed pdor to or simultaneously with the comrnission of the fraud:
(a) By using a fictitious name, or falsely pretending to possess power, influence, qualifications, ptoperty,
85
credit, agency, business or imaginary transactions; or by means of other similar deceits."

The elements of estafa under said provision are:
1.
That there must be a false Pretense, fraudulent act or fraudulent means.
2.
3.
'Ihat such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneous with the commission of the fraud.
That the offended party must have relied on the false pretense, fraudulent ac! fraudulent means, that is, he was induced to part with his money or ProPerty because of the false pretense, ftaudulent act, or fraudulerrt means.
4.
That as a result thereof, the offended party suffered

damage.
Applying this in an actual case, the trial court ruled in People as. Aguilar lCtifr|.|hat Case No. 96150637-51; January 30, 1998) that the accused is guilty of estafa since she led the private complainants to believe that they could be sent abroad upon payment of the placement fee amounting to P75,000.00 each. However, the pronrised of ovelseas employment did not materialize despite the fact that the private complainants were able to fulfiIl the requirements and gave the accused certain
amounts for the processing of their applications. Pa)rments were made because of the false pretense of the accused that she would send them abroad and without such promise the private complainants would not have parted with their money.
86
The Ateneo Human Rights Center
The Ateneo Human Rights center (AHRC) was established in october 1986 as one of the first university-based institutions engaged in the promotion of peace, development and human rights in the Philippines. It is housed in the school of Law of the Ateneo de Manila University.
The center seeks to realize its mandate through programs which focus on the continuing formation of human rights advocates among lawyers, law students and grassroots leaders, the monitoring of the human rights situation in the Philippines and abroad research and publiqatioru public education on peace, development and human rights, and legal assistance to indigent victims of human rights abuses.
Thus, the center assigns law students through the internship program to work with human rights organizations in the philippines, conducts training seminars for the benefit of government and nongovernment organizations and grassroots communities, publishes a human rights legal treatise series, and renders legal assistance to indigent clients and grassroots communities.
As varied as the center's programs, its beneficiaries include urban poor communities, womery childrery laborers, migrant workers, students, non-governmental organizations, and the general public.
As an institution of the Ateneo de Manila university, the center has access to valuable resources of the university and the law school in the implementation of its programs. volunteer law professors, alumni practitioners and law students lend additional support to its activities.
The Ateneo Human Rights center is located at the Ground Floor of the Ateneo Professional schools, Rockwell Center, Rockwell Drive, Makati City, Philippines.

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ftlt ptno tr{tgrant Workers

in 5 inga pore, lr{alaysia and Brunei:

A publication by the Ateneo Human Rights Center

ftl t p tno Mtgrant Workers

Amparita S. Sta. Maria Gilbert V. Sembrano Ma. Glenda R. Ramirez

The Philippine Embassy aosistance they extende4

Singapore, Malaysia and Brunei

Maria for the title and concept cover,

Raquel F. Constantino for helping with the final editing, and

the staff of the Ateneo Human Rights Center.

2. Work Permit Processing Schemes

ForeignWo*,ers Act (7990)

A. Principal law governing migrant workgr!

1. Definition of Terms ........... 2. Punishable Acts and Penalties 3. Repatriation

,,, ,, ,,,, ,., ,,, ,,,

1. Workers Covered ....,........... 2. Terms and Conditions of Employment '......... 3. Benefits

B. Departrnents and Agencies on Labor Mlgfrtlon

ContractViolations ............ b. Conditions of Work ........... c. Violation of Local Laws

1. BriefBackground..,,,,,...,... 2. Legal Mechanisms Relating to Employmcnl ,*r,,.,.,,,

Foreign Worker Policy .......... Irnplementing

and Departnent of Labour

Foreign Worker Pollcy b. Implementing Agency

Ministry ol Manpowet (MOM)

The Employment Act

Workers Covered ... .....

Terms and Conditions of Emplopnent ... ...... Benefits

Special Provisions Relating

Worlonen's C.ompensation Act (7952) ..........

b, Workmen's Compensation Act

1. Workers Covered . ...... ...... 2. Benefits

.,..... '...,..... '.. '...... '.......... '. 66 ...........67

d,. Immigration Act (7959fl963) or ACT LSs

c. Energency (Public Entcrtainment)

e. Passport Act (L966) or ACT 150

Problems Encountered and Remedies Sought

a. Contract Substifution and Contract b. Conditions of Work........... c. Violations of Local Laws .

B, Illegal Recnritrnent ........

a. Foreign Worker Policy b. lnplementing Agency

Workers Covered ......,................................ 55 Terms and Conditions of Employment ........... 57

Filipino Migrant Workere in Singapore, Malaysia and Brunei

Filipino Migrant Workers in Singapore, Malaysia and Brunei

Filipino Migtant Workec in Singapore, Malaysia and Brunei

Chapter 7: Exkting Legal Mechanisms for the Prctection Migrant Workers

A, Principal law governing migrant workers

Definition of Terms Under this law, a migrant workets is defined as a Person

2. Punishable Acts and Penalties

comrrritted by an unlicensed agency or person engaging in lecruitment activities

Filipino Migrant Workers in Singapore, Malaysia and Brunei

Filipino Migrant Wotkers in Singapore, Malaysia and Brunei

counselling and legal assistance

Filipino Migrant Workers in Singapore, Malaysia and Brunei

Filipino Migrant Worken in Singapore, Malaysia and Brunei

and Agencies on Labor Migration

Philippine Overseas Employment Administration

of empioyment contracts [(landbased workers

Filipino Migranl Workers in Singapore, Malaysia and Brunei

Filipino Migrant Workers in Singapore, Malaysia and Brunei

OCws IN cRIsIs: PRorEcnNG FILIPINo MlcRANr woRKERs 26

Medina Jr., et al., eds., 1995])

Department of Foreign Affairs (DFA):

Outside Philippine jurisdiction, protection

Workers' Welfare Administration (OINWA) :

to assist Filipino nationals

Filipino Migrant Workers in Singapore, Malayeia and Brunei