Labor disputes confronting OFWs

(First of 2 parts)

KUWAIT- The life of migrant workers abroad largely depend on 4 Cs, namely: Competence, that includes his skills and qualifications as well as attitude, his Contract (of employment), Culture of the host country, including its legal and judicial/quasi-judicial system, and Consultation facilities put up by POLO (Philippine Overseas Loan Office) headed by the Labor Attaché.

In the event of any legal problem arising from his employment, like illegal recruitment (e.g. deployment without following POEA and DOLE procedure), illegal trafficking of women and children for prostitution and involuntary servitude, contract substitution (compelling workers to sign another contract with inferior wages and benefits), and contract violations, like non-payment of wages and benefits and illegal dismissal, premature pre-termination of work contract, then the Labor Attaché is duty-bound to conduct conciliation and mediation proceedings.

If unresolved, the parties may elevate the labor dispute to the labor adjudicating system of the host government. Once filed there, the legal system of the country governs and the Labor Attaché loses control over the case.

Actual case: Non-payment of wages

 This writer, as Labor Attaché, is handling the conciliation process involving 39 OFWs who were not paid their salaries for three months. Their employer is a cement factory that supplies the government and other public and private institutions. The workers claimed that their wages were left unpaid for three months, they have no more food to eat, and their housing quarters in an isolated area in the desert was not provided with enough water and other needs.

They called the Labor Attaché and I, together with the OWWA Officer, forthwith rushed into the area, inspected the place and talked to the workers who were all cramped in an unsanitary, crowded, dirty encampment in a no-man’s-land near the camel and sheep territory. The OFWs were mixed with Indians, Bangladeshis, Pakistanis, Thais and other foreign workers. We brought them foods, basic medicines, mineral water, vegetables and fruits.

The next day, we sent two vans to pick them up and brought them to the Embassy where the Labor Attaché conducted conciliation. The company’s lawyer and administrative officer committed to pay their one-month salary immediately, which the company actually did on the same day. Quarters were cleaned, water provided, and the other issues were addressed.

The good news was that because of publicity generated by it, many Filipino community organizations came forward and offered help to the distressed workers. As of today, the rest of the wages are still to be paid but the workers feel assured that the government and fellowmen are behind them in their predicament.

The bad news is that some radical NGOs wanted to transform it into a full-blown controversy. The workers are aware that other people are merely trying to use them as a political weapon. But they know better.

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