Philipines embassy employment contract - need agency or not?

[ecureilx]

Im not expert on the law in Singapore but I remember Philippine laws allow agents in the Philippines to charge an equivalent of 1 month salary. Not more.

however they do not have any control on the Singapore manpower agents who may (I am not sure of this) or may not be charging the Employers air fare,visa fare, processing fees etc. on top of their agency fee.So i am guessing that the employers are being charged double..? which they then pass to the worker which result to the worker having debt in the Philippines (Philippine agency) and the debt in Singapore . you can enlighten me on that.

Seriously, apart from the 1 month, legally allowed by Phil Law, the law is very vague enough that the agents can add another 2 months, including medical and all (which the MOM here doesn't even want to look at) ..

and that some law says the agent must have a counterpart, for maids ..

Nett result, the lowly paid maids get ripped off even before they come here, so much so, they are more than tempted to take up part time work and all ..

Employes pay an amount, but the agents, here and in Philippines demand that, as per some vague law, only airtickets from the agents are valid, for maids to travel, and it doesn't help that the airlines have a 'maid fare' and even when the employer provides .. a ticket, it is not accepted .. and .. not every employer has exposure to question such silly tactics employed at both ends, to make $ ..

So, even direct hires or those coming back, trying a direct employ, are caught, forced to have an agent, and then POEA, will ensure the Phil agent has a counterpart, and then there goes 6 months of the pay .. for this, that and that .. and that .. and for me, that seems legal robbery

I know enough cases of employers, who had maids for 2 years, plan to let the maid save her 6 months salary being robbed, by doing a direct hire .. but upon her return, she gets robbed, in any case ..

The only way to avoid it is for the maid not to go to Philippines, and do an exit to Malaysia, so she can avoid getting robbed in Phil.

Sorry if that sounds like major rant .. but .. I did do some counselling and assisting .. yah ... it is not all fair .. and while Singapore Govt gets burnt for all the follies, the govt too is caught in the midst ..

To add on, for maids from Sri Lanka, they are required by law to have registration with the FEB (Foreign Employment Bureau) which covers insurance and a lot more .. then again, direct registration takes 2 months, and agencies do it in 1 week

And without a registration, even when the maid has a confirmed job and even maid pass issued in the country where she works (like say IPA in Singapore), they are forced to engage an agent, and then they end up with an instant agent, instant 2 months or more 'fee' ..

And some wise-ass mentioned that the whole legalised robbery is to ensure the agents license fee .. is recovered .. by the agents ..

PS: I also have come across enough honest agents, who only ensure the 2 month fee is levied, and, ensure the maids get the basic exposure for household appliances sufficient, or put in their own training centres to teach them to use microwave, washing machine etc .. and are more than willing to ask the employer if they are willing to offset the placement costs, so the maids can work happily from day one .. but, such agents are a rare minority .. but, they do exist .. the rest are all ruthless, and anyway, it is business or so I am told ..

[morenangpinay]

EXPENSES FOR HIRING FILIPINO WORKERS

Private land-based recruitment agencies charge service fees from the employers/principals as payment for services rendered in the recruitment and placement of workers. The employers also pay the cost of:

· POEA processing, PhP200.00

· Worker membership with the Overseas Workers Welfare Administration (OWWA), US$25.00

· Visa Fee

Private land-based recruitment agencies are allowed to collect from its selected/hired workers a placement fee equivalent to one (1) month salary, except in countries where laws prohibit collection of fees from workers.



The way it works should be what is above..Employers should shoulder the medical checkup, air fare, visa.

The domestic worker has already paid the placement fee and had a medical check up in the Philippines before leaving the country. Unfortunately Singapore will also require the medical check up in Singapore and that would be shouldered by employer. So why will the domestic worker pay for the medical fee ? So tell me who is the one ripping them off ? So the employers are passing all these to the worker?? So thats why its 6 months pay ?[/url]

[ecureilx]

The domestic worker has already paid the placement fee and had a medical check up in the Philippines before leaving the country.

Unfortunately Singapore will also require the medical check up in Singapore and that would be shouldered by employer. So why will the domestic worker pay for the medical fee ? So tell me who is the one ripping them off ? So the employers are passing all these to the worker?? So thats why its 6 months pay ?

My argument is why is the law even allowing the poor maid to be ripped off a month's hard work ?? And that should be removed .. typical asian style - let the rich get richer, and rip off the poor .. (sorry, not just Philippines, it happens almost everywhere in Asia .. )

And secondly, yes, the medical gets done, but the employers don't shoulder the fictitiuous medical done back home, which is not even worth the toilet paper, and the employers do shoulder the medical DONE IN SINGAPORE, AS RECOGNISED BY MOM .. not the one done at Phil.....

I don't agree you also taking the blame to the employer .. not every employer has a team of lawyers to read the terms and conditions, and not everybody has the patience to dispute the payment, or the payment levied on the maid, in lieu of 'services rendered in Philippines .. ' which the employer has to only believe as cast in stone, as almost every agency has the same song .. ..

if you have time, just ask the maids around your place how many months is deducted .. some agents are ruthless to even cut off 12 months pay, under the pretext of this and that, or loans she took out for her family .. etc, stuff which the employer can only believe and not argue lest forget their payments if the agent does a U turn and says the maid wants out ...

[ecureilx]

PS: I heard this from an agent, who used to do Philippine maids, and considering the number of maids who end up with sour face, when they realise half a year salary is gone .. and now focus on Indonesia, and Myanmar maids, where, to a great extent, such govt endorsed robbery is less ...

She only said "well, when you need to put up a mega deposit to become an agent in Philippines, the govt is ensuring that ever employee has to see one of the agents or another, lest the agents ask their money back .. so it is a win-win situation . "

Is that so ? I have no clue ...

[nakatago]

Is that so ? I have no clue ...

likewise with our lawmakers hence all the s#!+ we have to put up with.

[morenangpinay]

im simply questioning why did you say maids will not get 3-6 months of salary? When clearly it was stated that it should only be 1 month worth of salary. . 12 months!why would they take a loan if they havent even started in their job yet..seriously how is that possible. im just asking for my information and enlightenment..blame it on the Singaporean agency. i am betting they are hiking up costs.

the truth is there is no law protecting the migrant domestic workers in Singapore. The government has specifically excluded them in the employment act. Singapore is dragging its feet in ratifying the ILO convention on decent work for migrant domestic workers.

[ecureilx]

im simply questioning why did you say maids will not get 3-6 months of salary? When clearly it was stated that it should only be 1 month worth of salary. . 12 months!why would they take a loan if they havent even started in their job yet..seriously how is that possible. im just asking for my information and enlightenment..blame it on the Singaporean agency. i am betting they are hiking up costs.

the truth is there is no law protecting the migrant domestic workers in Singapore. The government has specifically excluded them in the employment act. Singapore is dragging its feet in ratifying the ILO convention on decent work for migrant domestic workers.

Errrr ... you miss the point AGAIN.. when they are ripped off back home .. how can you blame Singapore ?? The so called loan, which is non-existant and is to cover the agents inflated commission, is LEVIED BACK HOME ..

And that 3-6-12 months salary deduction ?? Why not you ask around the maids, as to how much they loose ?? Nothing less than 3 months, and atleast 6 months, even when the employer has paid the flight ticket .. the agents, those in Philippines, will charge the maid for the same flight ticket ..

And more than half the agencies have to only go by the word of the Phil Agents, when they are told to deduct and remit back the 'loan' .. some are part of the scam, most are not, and they have their hands tied .. if they refuse, they loose a supplier .. a supplier legally endorsed by the Govt of Philippines to charge placement fee ..

And gee .. sorry to say this .. you are starting to sound similar to the US Govt blaming Singapore for the Human trafficking cases, of the fishermen, when the only connection with the Fishermen who operate on the Taiwanese, HK and China owned vessels is, they boarded the vessel in Singapore .. though the fish is caught in High Seas, offloaded to mother vessels .. and then the sailors are dumped saying that not enough money was paid, and Singapore is warned by US for the fishermen's plight .. instead of going after the Taiwanese, and Chinese and HK ship owners ..

sorry, if I riled your nerves .. but .. I am not a proponent of abuse of foreign labour, but neither am I in favor of accusing the employing country, when the supplying country has legally allowed scamming .. and the scamming is done at the source country ..

[morenangpinay]

.. and are more than willing to ask the employer if they are willing to offset the placement costs, so the maids can work happily from day one .. but, such agents are a rare minority .. but, they do exist .. the rest are all ruthless, and anyway, it is business or so I am told ..

I am not riled or angry. I am only trying to understand the situation. Because the picture I am getting is that the domestic worker will be charged by the phil. agency and then an additional charge by the Singapore agency.

SO you mean to tell me the employer does not pay any placement fee to the singapore agency for sourcing the maid? thus the singapore agency charges the worker 6 mos. salary deduction..is that it? so the singapore agent is charging the maids instead.

it is not supposed to work that way... an employer who has asked a manpower agency to source out the worker should pay the placement fee to the Singapore agency.

A philippine based agency does not have any power in singapore. If the Singapore agent dont pay them upfront, why would they send the maid to Singapore? are you sure the singapore agency is remitting the 6 mos. salary deduction you are saying? Are you sure that they are not keeping it?

clearly there is someone ripping off the worker either the singapore agency or the philippine agent. But you can't deny the fact that there is no law in Singapore protecting the Domestic worker. Singapore is already behind hongkong which was previously well known for unfair treatment of domestic workers

So atleast now you know the legal law in the Philippines is only 1 month salary deduction and not more. If you are advising people, then now you know what is correct so you should be able to advise them properly.

[ecureilx]

One at a time .. Ma'am ..

I am not riled or angry. I am only trying to understand the situation. Because the picture I am getting is that the domestic worker will be charged by the phil. agency and then an additional charge by the Singapore agency.

The Singapore agency is asked to 'recover' the loan of the maid, by the Phil Agency, in most cases, and in few cases, the Singapore agencies add the charge ..

SO you mean to tell me the employer does not pay any placement fee to the singapore agency for sourcing the maid? thus the singapore agency charges the worker 6 mos. salary deduction..is that it? so the singapore agent is charging the maids instead.

You need to re-read my words ..

If I employ A china worker, and the worker's agent from China says that the worker has taken a 1,000 $ loan, and the amount is to be recovered by me and remitted back to China .. what do I do ???

it is not supposed to work that way... an employer who has asked a manpower agency to source out the worker should pay the placement fee to the Singapore agency.

You keep ignoring my words .. the "FEE" is what the agents in Philippines and sometimes in Singapore scam off the maid .

A philippine based agency does not have any power in singapore. If the Singapore agent dont pay them upfront, why would they send the maid to Singapore? are you sure the singapore agency is remitting the 6 mos. salary deduction you are saying? Are you sure that they are not keeping it?

errrr .. something got twisted, aint' it ?? If my supplier, on whom I am dearly depending upon, insists I collect and pay back the 3 months or 6 months, as the maid has taken a loan, what do I do ? I do what he / she asks, or close shop ?? After all, I have to believe that the Phil agency is covering themselves with the proper law ..

clearly there is someone ripping off the worker either the singapore agency or the philippine agent. But you can't deny the fact that there is no law in Singapore protecting the Domestic worker. Singapore is already behind hongkong which was previously well known for unfair treatment of domestic workers

no comments .. on that ..

So atleast now you know the legal law in the Philippines is only 1 month salary deduction and not more. If you are advising people, then now you know what is correct so you should be able to advise them properly.

Sorry .. ma'am .. everybody knows the Philippine Law allows only 1 month ..



















I hope you are not using me as prima facie evidence in your case history .. from being called a possible maid agent .. now I dunno where I have gone .. but .. I like your style of taking credit for teaching me of the 1 month law .....