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Tuesday, July 18, 2017

Hong Kong Domestic Workers: How to Compute Severance Payment or Long Service Payment

A large number of foreign workers in Hong Kong is working as domestic helpers. Household service workers comprise about 3% of the Hong Kong population alone. This is due to the fact that most of Hong Kong's citizens are working, leaving home and children in the care of household service workers. As of October 2016, newly hired foreign domestic helpers in Hong Kong are entitled to a minimum allowable wage of HK$4,310 per month.

But for any reason, what happens if the employer-employee relationship deteriorates and one or the other decide to end the terms of employment? What benefits can a household service worker get upon termination of employment contract?

Either the employer or the employee may terminate the contract by giving one month’s notice or one month’s payment in lieu of notice to the other party. The following are included in the Termination payment:

Unpaid salary
Payment in lieu of notice, if any;
Payment in lieu of any annual leave not availed;
Long service payment/severance payment, where appropriate; and
Any other sum under the employment contract, e.g. free return passage, food and traveling allowance, etc.

Severance Payment
A foreign domestic helper is entitled to severance payment if he/she:

has served 24 months continuously with the same employer prior to the termination

and is dismissed/laid off or the contract is not being renewed by reason of redundancy

An employee who wishes to claim for severance payment should serve a

written notice to his employer within three months after the dismissal/ lay off takes effect. The employer shall make the severance payment to the employee not later than two months from the receipt of such a notice.

Long Service Payment

A foreign domestic helper is entitled to long service payment if he/she:

has no less than 5 years of service with the same employer prior to the termination, AND
is dismissed or the contract is not being renewed by reason other than serious misconduct or redundancy
resigns on ground of ill health
resigns on ground of old age, 65 years old and above
or dies in service

Long service payment should be paid to an employee within seven days after the date of termination of employment contract.

How to Calculate your Severance or LSP?

(Monthly wages) x 2/3 x (number of years of service)

Example:
Assuming the domestic helper has received HK$4,310 monthly salary (minimum wage) for a total of 6 years after several contract renewals:

Long service = HK$4,310 x (2/3) x 6 years

Long service = HK$17,240 – the amount employer should pay to helper.

Service of incomplete year should be calculated on a basis proportional to the number of months served.

A foreign domestic helper is only entitled to either severance payment or long service payment, based on the conditions stated above.

What is the meaning of redundancy?Redundancy means the dismissal is due to the fact that:

the employer closes or intends to close his business;
the employer has ceased, or intends to cease, the business in the place/branch where the employee was employed; or
the type of job the employees do ceases or diminishes or is expected to cease or diminish - even if the business itself is not closing

What is the meaning of lay-off?
An employee shall be taken to be laid off if the total number of days on which no work is provided or no wages is paid exceeds:

half of the total number of normal working days in any 4 consecutive weeks; or
one-third of the total number of normal working days in any 26 consecutive weeks.

The days of lock-out, rest days, annual leave and statutory holidays should not be counted as normal working days during the above periods.

source: Hong Kong Labour Department

13 Common Violations Committed by Employers of Hong Kong Domestic Helpers

Hong Kong’s more than 340,000 foreign domestic workers comprise 5 percent of total population in the territory and can be found in one of every seven households. That number is steadily increasing as more and more Hongkongers are becoming rich. While the local government have placed provisions to protect their basic rights, they are still vulnerable to exploitation and abuse. Here are some of the common violations that Hong Kong employers make: 1. Failing to Pay Wages On Time By law, wages should be paid not later than 7 days after the end of the wage period or date of termination of contract. The cycle is based on the starting date of employment. Often, employers who forget to pay salaries on time argue various reasons like unavailability of their ATM card, sickness or being too busy. It may happen once or twice, but if done on a regular basis - and is putting the helper in a tight spot - the employer is liable for criminal prosecution. This is actually a common complaint among domestic helpers. 2. Underpayment of Wages and Unfair Deductions The only legal contract for FDH in Hong Kong is the Standard Employment Contract. Here, the minimum salary for FDH is HK$4,310 per month. It can go higher as the employer sees fit, but it should not be any lower than this. Any deduction of wages must be within the legal limits. In cases where the damage to employer's property is due to helper's negligence, the amount deducted shall be reasonable with the property's value but not to exceed HK$300 for each case. The total deductions in each wage cycle should not exceed one half of the wages payable in that period. Deductions due to absence from work should not exceed the sum proportionate to the period of absence. Any other deductions - such as fees paid by employer to hire a helper, medical expenses, use of water and electricity, among others - are prohibited. 3. Employers fail to refund employment fees and expenses Employers are required to pay for expenses incurred by the domestic helper related to her employment such as insurance and medical examinations, visa fees, authentication fees and administration fees imposed by relevant government authorities. Some employers fail to pay back the expenses even if they are by law required to fully reimburse such expenses upon demand and presentation of corresponding receipts or documentary evidence of payment. 4. They fail to provide Sickness Allowance, Sick Leave and Injury Compensation. Many are not aware that domestic workers are entitled to free medical consultation, maintenance in hospital and emergency dental treatment. In accordance with local laws, helpers are also entitled to compensation if they suffer sickness or injury by accident arising from the nature of their employment. A domestic worker is entitled to two paid sick leave days every month for the first year of employment, and after that, four paid sick leave days every month. Paid sick leave days can be accumulated. If helper is sick and he or she presents an appropriate sick leave certificate, he/she should be allowed to take sick leaves. The daily rate of sickness allowance is a sum equivalent to four-fifths of the average daily wages of the helper. Some employers fail to provide this, expecting helpers to work daily, regardless of their health condition. 5. Employers are not providing adequate living conditions. Helpers must work and reside in their employer’s residence as specified in the contract during the whole employment period. The employer has to provide free, suitable and furnished accommodation with reasonable privacy. While this rule is a bit objective and considering that small apartments are actually common in Hong Kong, some employers simply convert the laundry room or small storage room to be their helper's room. In some cases, facilities required by law are not provided free. One study showed that 3 of 5 helpers are not provided adequate accommodation. A British expat showing their apartment, and the "proper" helper's room allocated. 6. Employers neglect to consider Working Hours The working hours for Hong Kong domestic helpers are really long. Sadly, working hours are currently unregulated or capped. But some employers are inconsiderate, keeping their helpers awake for long hours and requiring them to wait until everyone else is asleep. Helpers are also expected to wake up at any time if needed by their employers. These may not be violating any specific rules where there are none, but they are certainly not up to International Labor standards. 7. Employers fail to provide adequate food. Domestic workers should be provided food by their employers. In lieu of this, employers are required to pay them HK$1,037 per month as meal allowance. Most violators do not choose the food allowance provisions. Instead, they only allow helpers to eat after everyone else have finished eating, often leaving only leftovers. Some employers bring their helpers with them during shopping or outings but do not include their helpers when ordering food, leaving helpers to pay for their own food. 8. Employers violate their helper's day off. The standard employment contract stipulate that helpers must spend one day off for every seven days at work. The rest day is defined as a continuous period of not less than 24 hours. Some employers fail to acknowledge this, asking helpers to do work during day-off. Others try to shave a few hours from the mandatory rest day, asking helpers to finish chores before leaving. Some implement early curfew hour, citing safety concerns, but actually wanting to get their helper back early to tidy up a full days mess in the house. The law allows helpers to work during off days, but both parties must agree too it. This is what some employers take-advantage of since some helpers could not say no out of fear. 9. Employers require helpers to do non-domestic duties. The law requires helpers to perform domestic work only, as stipulated in the contract. Asking helpers to do tasks outside the one listed in the contract is a labor violation - tasks such as performing body massage, cleaning the car or working in their employer's business. Also, cleaning of windows is strictly limited to certain condition as stipulated in the Standard Employment Contract. Many helpers could not refuse for fear they might anger their employers. 10. Employers ask helpers to work in other places Some employers take their helpers to work in other residences - parents' accommodation, their store or place of business. Even if, in some cases, both parties are willing, or if they agree to some form of overtime payment, this is illegal and both the employer and the helper are in violation of the law. 11. They fail to pay proper long service or end of service, as well as other end of contract benefits. Long service is a form of gratuity payment paid to domestic workers who have served an employer over a period of not less than five years. The amount is computed based on the latest monthly wage and number of years. See: How to Compute Severance Payment or Long Service Payment in Hong Kong? Sadly, some eligible domestic helpers fail to receive this amount due to lack of awareness or employers flat out refuse to grant this amount. Because of the two-week rule, helpers who encounter such experience have a limited amount of time to chase employers before they are sent home. Other payments or sums given to helpers at the end of contract are free return passage (or plane ticket) and food and travelling or baggage allowance. Some employers simply give tickets and not the others. 12. They fail to provide Statutory Holiday benefits Foreign domestic helpers are entitled to 12 statutory holidays in a year, irrespective of how long they have been employed. Also, they are entitled to get paid during such holidays if they have already been employed for 3 months preceding any of the statutory holidays. The 12 holidays are: The first day of January Lunar New Year’s Day The second day of Lunar New Year The third day of Lunar New Year Ching Ming Festival The first day of May Tuen Ng Festival The day following the Chinese Mid-Autumn Festival Chung Yeung Festival Chinese Winter Solstice Festival or Christmas Day (at the option of the employer) The first day of July The first day of October. 13. Failure to provide receipt for payment of wages and food allowance Employers are required to present proof of payment of salaries and allowances given to their helpers. This is done by means of receipts. The helpers must sign the receipts to acknowledge that they have received the correct amount of salary. It is a violation if the employer does not do this. Similarly, having a helper sign a receipt which does not match the actual wages or allowances - either by coercion or agreement - is also illegal. If you find yourself, a friend or a loved one in a similar situation as stated above, then you may contact the authorities as follows: If you are physically abused, you should call the Police at “999” If your wages are not paid in full and on time, not being granted rest days and holidays, or suspect any of your labour rights being infringed, you should approach the Labour Department through the following channels: Call 2717 1771 Use the tell "me@1823" App - a free application where you can text or voice recording, upload photos, and provide your location on a map to the Labour Department for assistance. Or Visit our Labour Relations Division office: In Hong Kong Hong Kong East 12/F, CityPlaza Three, 14 Taikoo Wan Road, Taikoo Shing, Hong Kong Hong Kong West 3/F, Western Magistracy Building, 2A Pokfulam Road, Hong Kong. In Kowloon Kowloon East UGF, Trade and Industry Tower, 3 Concorde Road, Kowloon Kowloon West Room 1009, 10/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Sham Shui Po, Kowloon. Kowloon South 2/F, Mongkok Government Offices, 30 Luen Wan Street, Mongkok, Kowloon. Kwun Tong 6/F, Kowloon East Government Offices, 12 Lei Yue Mun Road, Kwun Tong, Kowloon. In the New Territories Tsuen Wan 5/F, Tsuen Wan Government Offices, 38 Sai Lau Kok Road, Tsuen Wan, New Territories. Kwai Chung 6/F, Kwai Hing Government Offices, 166 - 174 Hing Fong Road, Kwai Chung, New Territories. Tuen Mun Unit 2, East Wing, 22/F, Tuen Mun Central Square, 22 Hoi Wing Road, Tuen Mun, New Territories. Shatin & Tai Po Rooms 304-313, 3/F, Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin, New Territories. Below is a SAMPLE copy of the Standard Employment Contract. It is the only legal contract for Foreign Domestic Helpers in Hong Kong. The use of another contract is illegal. sources: HK Labour Office, gov.HK, FDHguide, Labour Dept

How Much Will You Save Under President Duterte's Tax Reform Program?

TRAIN: Tax Reform Acceleration and Inclusion. This is a Tax Reform program initiated by the Duterte Administration, to change the old tax system in the Philippines and make it simpler, more fair, and efficient. The current tax system in the Philippines is both complex and unjust. TRAIN will change this, by reducing personal income tax, simplify estate and donor tax, expand Value-Added Tax coverage and increase oil and automobile excise taxes. Let us look at each of these components. PERSONAL INCOME TAX The proposed Tax Schedule under TRAIN will benefit 99% of the taxpayers. That's more than the percentage of voters who chose Duterte to be President. Based on the table below, the new tax rates will increase take-home pay of most workers and increase the purchasing power of the family or individual. Also, all bonuses not exceeding P100,000 will stay tax-free! Also, by 2020, the tax rates will be even lower. The current income tax rate in the Philippines is actually higher than most of its neighbors. Information gathered showed that Filipinos pay the 2nd highest tax rate in the Asean countries, with also a lower income threshold. This table shows that if you earn P500,000 in Singapore, you don't have to pay income tax. In the Philippines, that's 32% rate. Compare that to Indonesia, where you pay 30% only if you earn three times more than in the Philippines. In Thailand, you pay 35% rate, but only if you earn 11 times more than in the Philippines. Let us see some projected calculations and comparisons of present and proposed tax rates based on worker's salaries, from minimum wage earners to a call-center agent. ESTATE TAX and DONOR'S TAX TRAIN proposes that Estate Tax be fixed at 6% of the estate's net value. There will also be a standard deduction of P1 million and exemption of up to P3 million for family homes. This means that for inheritance with value below standard deduction, and for family homes valued at less than the exemption, no estate tax shall be paid. Only inheritance of rich families will be taxed. A similar scheme is applied for Donor's Tax. A single rate of 6% of the net donations for gifts above P100,000 yearly, will be applied. This is regardless of relationship. VALUE ADDED TAX This part of the TRAIN is least understood and often misrepresented by many. Actually, the VAT system in the Philippines has the most number of exemptions (people, companies, cooperatives and other institutions exempted from paying VAT). TRAIN will expand the tax base by limiting exemptions to necessities - raw food, education, and health. Cooperatives with gross sales of more than P3 million pesos will not be exempted from VAT. Only smaller cooperatives and those that produce raw agriculture products will be VAT exempt. Among the previously exempted entities that will need to pay VAT are: Domestic shipping importation power transmission low cost and socialized housing (if value is more than P1.5M for lots, P2.5M for house and lot) lease of residential units (with monthly rent of over P10,000/month) boy and girl scouts other entities exempted via special laws. This will raise more funds for the poor and vulnerable. Senior Citizens and Persons With Disabilities will still enjoy exemptions. OIL EXCISE TAX Oil excise will be raised by P6 gradually over three years. The rates will be adjusted yearly after the third year. The last time the oil excise tax was adjusted was in 1997. Increasing the petrol price via excise tax will not necessarily affect the savings of the majority. In fact, fuel consumption is higher for the wealthiest Filipino. Take this graphic below: The graphic above shows that the top 10% wealthiest Filipinos use more than half of the fuel for vehicles. The poorest 10% only use 0.6%. The middle group use only about 5%. This means that the wealthiest will be affected more by the price increase in petrol. AUTOMOBILE EXCISE TAX The tax rates for cars will be increased, more for luxury cars than basic cars. This makes the wealthier people pay more tax than the middle class. The wealthiest are the ones who usually buy or own more than one car. An example of computation is shown below: One of the main concerns of the public is the effect of the increased taxes on goods and transportation costs. The government however believes that the net savings for each worker will be greater due to the lower income tax. Also, a percentage of the revenues will be allotted for the poorest Filipinos to help them keep up with any price increase. President Duterte's Tax Reform agenda is vital to the improvement of lives of the Filipino, one that the President vowed to leave behind after his term of office. The current tax system is already 20 years old. If passed into law, the comprehensive tax reform bill is estimated to raise (P)162 billion in net revenues every year. This is vital for the advancement of the economy. The Tax Reform Acceleration and Inclusion program is vital to President Duterte's ten-point socioeconomic agenda. The revenue will be used to improve existing infrastructure and accelerate building new one, providing jobs and better services to people and help move the economy forward. Note: The values and tax rates stated herein are subject to change because the bill on tax reform has not been approved yet in the senate.

LOOK: Kuwait Newspaper Insults Duterte Many Times, Depicts President As Butcher, Insane and Terrorist

A Kuwait-based newspaper is taking flak from netizens when pictures of its editorial cartoons featuring the Philippine President Rodrigo Duterte made rounds in the internet. The Kuwaiti Times editorials paint the highly popular leader in bad light. He was depicted in various personas such as a butcher, an insane person, a murderous villain and a moronic terrorist. The images below are arranged in chronological order. The dates when the images were published are shown so you can check Kuwait Times' website to see for yourself. May 7, 2016 The editorial cartoons begin innocently enough showing President Duterte as a fighter casting his ballot for the Presidential Elections of 2016. May 10, 2016 - Election Day Upon winning the elections, President Duterte makes it again in the editorial cartoon section. This time, the Kuwait Times' shows the President pointing a gun and trash-talking some "punk," while what seems to be blood is seen in the bottom left corner. August 29, 2016 Things get malicious with Kuwait Times as they portrayed a leader of an independent nation as a butcher, about to hack the Philippines in the form of a bloody piece of hanging meat. September 27, 2016 The President is depicted wearing slippers, with his mouth, both hands and a foot "holding" a gun. A text bubble implies that Duterte is frustrated for not being able to kill all drug dealers, a statement so far from reality. October 11, 2016 The Kuwait Times mocks President Duterte again, this time along with US President-Elect Donald Trump. The paper depicts the two world leaders as a pimple on the face of a globe. The Kuwait Times editor seems to disagree about the populist views that helped elect both Duterte and Trump into office. October 24, 2016 Misinterpreting the President's statements on addicts, the Kuwait Times editors insulted the still popular leader, depicting him as an insane person in an asylum, complete with a straitjacket. President Duterte has since apologized to the Jewish community regarding the misunderstood statement. February 01, 2017 While not directly attacking the President, the newspaper wrongly depicts the Philippine Government's war on drugs as war on the poor. The image shows a member of the Philippine National Police shooting a stray dog dead. The editorial also insults Filipinos, depicting them as dogs. Clearly, the editors of this newspaper are not conducting enough research before publishing their work. March 04, 2017 As the Philippine lawmakers are debating the reinstatement of death penalty, the Kuwait Times editors cannot help but poke fun at the Philippine President. It depicted Duterte trash-talking the bullet-riddled body of what could only be assumed as a criminal. Around the guys neck is a noose, as the paper's editors wanted to lay all extra-judicial deaths to the President. It is ironic that a paper from Kuwait will criticize the leader of an independent country regarding death penalty, when their own country of Kuwait executes more people than most other countries except for a few. April-30-2017 Not happy with depicting the Philippine leader as an insane person, the Kuwait paper repeats the insult, this time pairing Duterte with Trump. The editorial mischievously draws Duterte and Trump as two crazy blabbermouths who have so much in common. The two are shown wearing straitjackets. May 30, 2017 At the height of the Marawi Crisis, while other countries were offering their support to the Philippines, the Kuwait-based newspaper ups its malicious depiction as it publishes a malevolent piece of editorial cartoon likening the Philippine President with other Islamic militants, and making the insult one step higher by labeling Mr. Duterte as a moron. What do you think of the Kuwait Times? Do you agree with their assessment? Do you think the editor-in-chief should make a public apology? What about the "artist" who's supposedly done the drawings, should he lose his job? Tell us what you think! Please comment and share this article! DISCLAIMER: All editorials were taken from Kuwait Times website, they own the rights to it, but they DO NOT have the right to insult our President! If you agree with me, drop them a message here >>> Kuwait Times Facebook Page.

With Tagalog: Which Last Name Should An Illegitimate Child Use And How To Use The Father's Surname?

In September of 1990, the United Nations General Assembly approved and adopted the Declaration of the Rights of the Child. Among the rights of a child acknowledged is the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. The Philippines, as signatory to this declaration, has done its share to promote this right, especially in cases where the child is considered illegitimate by law. Who are considered illegitimate children in the Philippines? Children born to couples who are not legally married or of common-law marriages; Children born of incestuous, bigamous, or adulterous relations; Children born of void marriages; Children born of couples below 18, even if they are married (which is actually void). So in a case where a child is born out of wedlock, which surname should be given to him/her? Over the years, the law on illegitimate children's surname has shifted several times - pre-EDSA Revolution, in 1988, and lastly in 2004. Here are the following basic principles. Born before August 3, 1988: Prior to the Family Code (1988), an illegitimate child has the right to bear the surname of the parent recognizing him. Recognition shall be made in the record of birth, a will, statement before a record, or in any authentic writing. If recognition is made by only one of the parents, he or she shall not reveal the name of the person with whom he or she had the child. An illegitimate child who is not recognized or acknowledged by both parents in accordance with law shall be registered under the surname of the mother. Born on or after August 3, 1988 up to March 18, 2004: By law, an illegitimate child shall use the surname of the mother. The father of an illegitimate child who wishes to have his name indicated in the Certificate of Live Birth shall execute an affidavit of Admission of Paternity in lieu of the affidavit of acknowledgement. The purpose of affidavit of admission of paternity is for the support and succession only, and it does not automatically entitle the illegitimate child to use the surname of his father. Born from March 19, 2004 up to present: According to Republic Act No. 9255, illegitimate children shall shall be under the parental authority of their mother, and shall be entitled to child support from the father. Illegitimate children may use the surname of their father if the paternity is established by any of the following: filiation has been expressly recognized by the father through the record of birth appearing in the civil register - Certificate of Live Birth or Municipal Form No. 102; when an admission in a public document or private handwritten instrument is made and duly signed by the father; any other means of establishing paternity as allowed by the Rules of Court and special laws. For those born from August 3, 1988 to March 18, 2004, the rules of RA 9255 stated above cannot be used by the child until after a court decision. So what is the right and legal process for an illegitimate child to use his or her father's surname? Terms to Remember: Certificate of Live Birth (COLB) - for children born in the Philippines Report of Birth (ROB) - for children born outside the Philippines Affidavit to Use the Surname of the Father (AUSF) Private Handwritten Instrument (PHI) Local Civil Registry Office (LCRO) Philippine Foreign Service Post (PFSP) - Philippine embassies , missions , consulates general. What to File? The following documents shall be filed at the LCRO or PFSP for registration: Certificate of Live Birth (COLB)/Report of Birth (ROB) if available Affidavit of Admission of Paternity Private Handwritten Instrument (PHI) Affidavit to Use the Surname of the Father (AUSF) Who may file? The following persons are authorized to file at the LCRO or PFSP: The father, mother, the person himself , if of age, or the guardian, may file the Affidavit of Admission of Paternity. The father , mother, the person himself, if of age, or the guardian , may file the AUSF. The father shall personally file the PHI, if the proof of filiation is through a PHI, at the LCRO/PFSP for registration. The mother, the person himself, if of age, or the guardian, may file the PHI if the father is already deceased. The PHI can be accepted provided there are supporting documents to prove filiation. Where to register? For births that occur in the Philippines, the Affidavit of Admission of Paternity, PHI or AUSF executed in the Philippines shall be registered at the LCRO of the place of birth. For births that occur within or outside the Philippines, the Affidavit of Admission of Paternity, PHI or AUSF executed outside the Philippines shall be registered at the PFSP of the country of residence, or where there is none, to the PFSP of the country nearest the place of residence of the party concerned. For births that occur outside the Philippines, the Affidavit of Admission of Paternity, PHI or AUSF executed in the Philippines shall be registered at the LCRO of the place of execution. When to Register? The Affidavit of Admission of Paternity, PHI, or the AUSF shall be registered within twenty (20) days from the date of execution, otherwise, the rules on late registration of birth will apply. How to Register? The City/Municipal Civil Registrar (C/MCR) or the Consul General (CG) shall accept and examine the completeness and correctness of entries in the COLB/ROB, and the supporting documents . If there are inconsistencies, the C/MCR or Consul General will not accept the documents for registration. The C/MCR or the CG shall record the entries of the COLB/ROB in the Register of Births, Affidavit of Admission of Paternity, PHI and the AUSF in the Register of Legal Instruments. The C/MCR or the CG shall annotate the COLB/ROB and enter the annotation on the Remarks portion of the Register of Births. The C/MCR or the CG shall distribute the annotated COLB/ROB, registered Affidavit of Admission of Paternity, AUSF, or PHI including any supporting document as follows: first copy to the CRG; second copy to the LCRO/PFSP where the event was registered; third copy to the registrant/owner of the document; fourth copy shall be retained for filing by the LCRO/PFSP. The C/MCR or the CG shall issue certified copies of COLB/ROB with annotations and certified copies of the Affidavit of Admission of Paternity, AUSF, and PHI. Conditions to Remember: As a rule, an illegitimate child not acknowledged by the father shall use the surname of the mother. Illegitimate child acknowledged by the father shall use the surname of the mother if no AUSF is executed. An illegitimate child aged 0-6 years old acknowledged by the father shall use the surname of the father, if the mother or the guardian , in the absence of the mother , executes the AUSF. An illegitimate child aged 7 to 17 years old acknowledged by the father shall use the surname of the father if the child executes an AUSF fully aware of its consequence as attested by the mother or guardian. Upon reaching the age of majority, an illegitimate child acknowledged by the father shall use the surname of his father provided that he executes an AUSF without need of any attestation.

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Monday, July 17, 2017

Foreign Domestic Workers Being Blacklisted in Hong Kong Because of Debt Is NOT True

There is no truth about "blacklisting" of foreign domestic worker who will fail to pay their debts with the financing companies in Hong Kong.

According to the statement by a Hong Kong-based Non-Government Organization, Enrich sent to Hong Kong News, the Immigration Department clarified that they have never accepted nor considered submissions from agencies names of workers for the so-called ‘Blacklist’.

“It became clear that these harassment tactics widely deployed by ill-intentioned companies are threatening vulnerable workers in the name of the Immigration Department and misusing the government’s authority to continuously extort money from the migrants,” a statement from Enrich.

The statement came after a Domestic Worker Roundtable meeting led by Emily Lau, a former Legislative Council member with the Immigration Department that seeks to discuss issues about foreign domestic workers are facing during their stay in Hong Kong.

The group Enrich sought clarification regarding migrant workers’ concerns about being blacklisted at the Immigration Department if they struggle with debts.

Migrant domestic workers are being threatened and pressured by abusive debt collectors and finance companies to take out loans with high interest rates. If they fail to pay, the companies are threatened the borrowers that they will be reported to the authorities that may result to blacklisting them from possible future employment.

Loan sharks largely operates illegally in Hong Kong victimizing thousands of foreign domestic workers.
Under the Money Lenders Ordinance, lending money above the annual interest rate of 60 per cent carries a maximum penalty of 10 years in jail and a HK$5 million fine.Source: Hong Kong News

Read More:

China's plans to hire Filipino household workers to their five major cities including Beijing and Shanghai, was reported at a local newspaper Philippine Star. it could be a big break for the household workers who are trying their luck in finding greener pastures by working overseas China is offering up to P100,000 a month, or about HK$15,000. The existing minimum allowable wage for a foreign domestic helper in Hong Kong is around HK$4,310 per month. Dominador Say, undersecretary of the Department of Labor and Employment (DOLE), said that talks are underway with Chinese embassy officials on this possibility. China’s five major cities, including Beijing, Shanghai and Xiamen will soon be the haven for Filipino domestic workers who are seeking higher income. DOLE is expected to have further negotiations on the launch date with a delegation from China in September. according to Usec Say, Chinese employers favor Filipino domestic workers for their English proficiency, which allows them to teach their employers’ children. Chinese embassy officials also mentioned that improving ties with the leadership of President Rodrigo Duterte has paved the way for the new policy to materialize. There is presently a strict work visa system for foreign workers who want to enter mainland China. But according Usec. Say, China is serious about the proposal. Philippine Labor Secretary Silvestre Bello said an estimated 200,000 Filipino domestic helpers are presently working illegally in China. With a great demand for skilled domestic workers, Filipino OFWs would have an option to apply using legal processes on their desired higher salary for their sector. Source: ejinsight.com, PhilStar Read More: The effectivity of the Nationwide Smoking Ban or E.O. 26 (Providing for the Establishment of Smoke-free Environment in Public and Enclosed Places) started today, July 23, but only a few seems to be aware of it. President Rodrigo Duterte signed the Executive Order 26 with the citizens health in mind. Presidential Spokesperson Ernesto Abella said the executive order is a milestone where the government prioritize public health protection. The smoking ban includes smoking in places such as schools, universities and colleges, playgrounds, restaurants and food preparation areas, basketball courts, stairwells, health centers, clinics, public and private hospitals, hotels, malls, elevators, taxis, buses, public utility jeepneys, ships, tricycles, trains, airplanes, and gas stations which are prone to combustion. The Department of Health urges all the establishments to post "no smoking" signs in compliance with the new executive order. They also appeal to the public to report any violation against the nationwide ban on smoking in public places. Read More: ©2017 THOUGHTSKOTO www.jbsolis.com SEARCH JBSOLIS, TYPE KEYWORDS and TITLE OF ARTICLE at the box below Smoking is only allowed in designated smoking areas to be provided by the owner of the establishment. Smoking in private vehicles parked in public areas is also prohibited. What Do You Need To know About The Nationwide Smoking Ban Violators will be fined P500 to P10,000, depending on their number of offenses, while owners of establishments caught violating the EO will face a fine of P5,000 or imprisonment of not more than 30 days. The Department of Health urges all the establishments to post "no smoking" signs in compliance with the new executive order. They also appeal to the public to report any violation against the nationwide ban on smoking in public places. ©2017 THOUGHTSKOTO

Dominador Say, undersecretary of the Department of Labor and Employment (DOLE), said that talks are underway with Chinese embassy officials on this possibility. China’s five major cities, including Beijing, Shanghai and Xiamen will soon be the destination for Filipino domestic workers who are seeking higher income.
©2017 THOUGHTSKOTO

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Wednesday, August 24, 2016

PHILIPPINES PLANS TO BAN DH IN KUWAIT

NEW MEDICAL GUIDELINES FOR OFWS BOUND TO KUWAIT

The Philippines, plans to ban DH in Kuwait

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AUGUST JOBS FOR FILIPINOS TO KUWAIT NO JOBS FOR HOUSEHOLD SERVICE WORKER

MANILA, Philippines - Philippines is planning to impose a ban on its citizens from working as housemaids and domestic helper in Kuwait due to the rising cases of mistreatment and abuse of household service workers (HSW) by Kuwaiti employers.

According to reports, there are five to 10 (HSW) escapes daily from their employer in Kuwait because of abuse or maltreatment.

Cases of abuse range from non-payment of wages, maltreatment to rape and the most common complaints of the workers were ill-treatment and overworked.

Philippine Overseas Employment Administration (POEA) said, they will suspend the permits of the recruitment agency who will not help the repatriation of abused workers they recruit to work in the said country.

Currently, there are 500 distress OFW seeking refuge in Philippine Embassy o POLO - OWWA Shelters in Kuwait.

Ambassador Renato Pedro Villa of Philippine Embassy in Kuwait said he is in favor of proposed temporary suspension of the deployment of domestic helpers in the said Arab Country.

This will give way to investigate pending cases of abuse of household services workers in Kuwait and to start anew the deployment under Domestic Workers Law.

Some OFW groups support the plan while some recruitment agency opposes to this.

The government will also send a composite team to Kuwait to fast track the repatriation of abused workers.

Saturday, August 30, 2014

Watch: Domestic Helper

There was a dinner party hosted by an Asian company with a Filipina Household Service Worker or a domestic helper. The madam is feisty, pretentious, and unkind to the domestic help.

An intimate dinner party comes alive as the night takes an unexpected turn. The inhabitants become the imprisoned, and the only way to break free is to confront the lies they have told themselves. A walk through the dark history of the household becomes a desperate struggle for survival, but by dawn it becomes clear that redemption is out of reach.

Watch this too: Video about OFWs life abroad.

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