by pinoy_guy

SAYS POEA Direct hires for overseas work should be cleared by DoLE

more bad news.

Last updated 06:56pm (Mla time) 09/06/2007

Foreign employers who want to hire Filipino workers without using the services of local recruitment agencies must obtain approval from the Department of Labor and Employment, the Philippine Overseas Employment Administration governing board has ruled.

In a board resolution, the POEA board repealed a section of the rules covering the recruitment of land-based overseas workers, which allowed the registration with the POEA of “name hires” as an exemption from the ban on direct hiring.

“Name hires” refer to workers who obtain employment on their own without the participation of recruitment agencies.

Registration with the POEA gives overseas workers such benefits as insurance and health care, education and training, family welfare services as well as protection and assistance in their place of work.

The Labor Code prohibits an employer from hiring Filipino workers for overseas employment, except through the boards (the POEA) or entities authorized by the secretary of labor.

. . .

Foreign employers who are accredited with private recruitment agencies are not allowed to directly hire Filipino workers, according to POEA administrator Rosalinda Dimapilis-Baldoz.

The new measure will cover directly hired OFWs like nurses.

this board resolution sounds like it was tailor-made for nurses.

around 2 years ago, there were news articles about the Philippine Government complaining about Direct Hires--they don't go through the POEA, thus the Philippine Government "loses" $88 Million Dollars a year. the plan at that time was to charge $10,000 to $20,000 per nurse--if I recall correctly.

(I can't find the specific article right now, there are lots of dead links from Philippine news websites.)

I guess this action is meant to "plug the hole."

now there's another road block for US hospitals to hire from the Philippines.

for a US Hospital to go to the Philippines for a Hiring Seminar, it has to pay a fee.

now for every hire, there is the implied additional fee for "such benefits as insurance and health care, education and training, family welfare services as well as protection and assistance in their place of work."

this would also be a road block for those thinking of the Adjustment of Status route.

add the movement to shut down an agency--which could dampen hiring by other agencies...and there's fewer incentive to hire Philippine nurses.

so what's left?

1. hardy agencies willing to risk petitioning for Filipino RNs who have the right to jump ship anytime.

2. US Hospitals who will still hire directly in spite of the added fees.

3. Adjustment of Status questionable: this depends on the implementing rules from the POEA. if approval is to be secured prior to leaving the Philippines, then there's the Intent to Migrate right there--automatic denial. if it's after leaving the Philippines, the question is who pays for implied fee.

with the cost-cutting going on in some US hospitals, they might not be able to pay the additional fee.

the other option is to get the fee from the nurse via salary deduction.

$10,000 is around 2 1/2 months Net Pay of a nurse.

$4,000 a month is not a lot because the cost of living in the US is higher. rent is almost 1/3 of the monthly salary.

I don't know what the Philippine Government is doing.

first it required training for "Super Maids" who supposedly know CPR, then doubled their salary from $200 to $400 a month...and hiring immediately went down.

now the Philippine Government is doing the same thing to nurses, adding a huge fee.

I would like to point out that US Hospitals had been getting nurses from a lot of other countries aside from the Philippines.

it is a literal melting pot in US Hospitals.

I just hope this policy does not shut out Philippine nurses from US Hospitals.

hundreds of thousands of Filipino nurses with all the certificates and licenses...with nowhere to go to.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

I think, since there are lots of nurses living the Philippines, the government might have found new ways to earn money! Sometimes... It's as if people involve are not thinking that they already destroyed our reputation!

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

They should clarify when this takes effect and for fairness, indicate that it should only cover newly formed contracts when it takes effect.

It would be grossly unfair for both the direct foreign employer/petitioner and the hired nurse if they will be made to abide w/ this, even though they have contracted w/ each way before this would be implemented.

In short, it should not be retro-active. Having the nurse part of this is already quite questionable already, in my opinion. Even for nurses that went through agencies here in PH. What 'benefits' can the POEA or DOLE possibly give to would-be US Legal Permanent Residents. If these were workers on temp. work-visas, then they may have a case that they can offer this so-called 'benefits', even though everyone know there's really none and it's just talk.

They can't even take care of our hard-working Domestic Helpers in other countries when they need help.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

Originally Posted by lawrence01

They should clarify when this takes effect and for fairness, indicate that it should only cover newly formed contracts when it takes effect.

I don't think it should be implemented at all.

this is the Philippine Government killing another goose that lays golden eggs.

it had killed the market for Japanese entertainers by requiring the "Artist's Log Book," which ended up being a money-making scheme...then finally scrapped. some entertainers claimed they had to shell out up to P30,000 each just to collect the required signatures.

it is killing the market for Domestic Helpers by unilaterally increasing their salaries from $200 to $400 per month...without even consulting the employers. deployment is way down.

now it will be killing the market for Philippine nurses. nurses from all over the world are applying for jobs in US hospitals...and they do not require the $10,000 to $20,000 "service fee" that the Philippine Government will be requiring.

Philippine nurses will be priced out of the market.

Originally Posted by lawrence01

In short, it should not be retro-active.

sadly there's no guarantee.

as long as the nurse does not have the Green Card, he/she is still under the mercy of the Philippine Government.

when he/she gets the Green Card, he/she gets some protection from the US Government.

Originally Posted by lawrence01

Having the nurse part of this is already quite questionable already, in my opinion. Even for nurses that went through agencies here in PH. What 'benefits' can the POEA or DOLE possibly give to would-be US Legal Permanent Residents. If these were workers on temp. work-visas, then they may have a case that they can offer this so-called 'benefits', even though everyone know there's really none and it's just talk.

I remember watching the evacuation of Filipino refugees from Lebanon when the fighting broke out July of 2006.

Tribune Editorial

Yet in the case of the overseas workers' funds, where her government should have, at the very least, some P8 billion that should be flowing, given the war conditions in Lebanon, where some 34,000 Filipino workers are stationed, all Gloria has eked out for evacuation purposes is P150 million.

And Gloria's people are stingy with that miniscule amount even at this time of evacuation.

Philippine Ambassador to Lebanon Al Bichara has been complaining publicly that the embassy's funds are running out. He has asked for at least $1 million to keep things going.

For airing this complaint, Bichara has been berated heavily by Malacañang and the Department of Foreign Affairs with even a DFA undersecretary saying that if Bichara were a soldier during a time of war, he would shoot him dead. That's the diplomacy they teach this undersecretary?

There was too that remark from the undersecretary that all Bichara spends on is food and bus transport from Lebanon to Damascus. Just how much does this undersecretary think feeding sardine-packed OFWs in that church costs, given the many days they have been staying there?

Rafael Seguis, a DFA official, was sent to Lebanon to check on the claim of Bichara, and said the ambassador had less than $100,000 total. So what's that amount when one is dealing with the problem of some 34,000 Filipinos? But why are they so measly with the funds, since the OWWA funds, precisely meant for such contingencies, amount to some P8 billion minimum?

They all denied that there is a lack of funds, yet it was clear, from the flight arrivals of Filipino workers from the war-torn country, that there are less and less workers being brought home by the Philippine government, with the latest batch numbering some 50 workers and in a commercial flight, which means that chartered flights have been dumped by the Arroyo government as a means to get more Pinoy workers home and fast.

Even more ridiculous was the claim of Budget Secretary Andaya that he wouldn't release any money to Bichara unless and until the ambassador liquidates that which he has been given. With the red tape in Gloria's government and considering that the times are extraordinary in Lebanon and the Filipino situation, the Budget secretary wants to wait for a liquidation report? Has Gloria even liquidated the cash advances her office got for her many jaunts abroad? Past Commission on Audit reports showed a huge amount that has been left unliquidated for these trips.

Chances are, those billions in OWWA funds no longer exist, with the funds diverted elsewhere — again.

I recall the news reports on TV.

the Philippine Government Representative in Lebanon was begging the passing trucks and buses from other countries to let our Filipino OFWs (which had been hailed as the New Heroes) hitch rides in their vehicles.

I wonder what sort of protection this new measure will supposedly provide.

Originally Posted by lawrence01

They can't even take care of our hard-working Domestic Helpers in other countries when they need help.

exactly.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

All I can say is Philippines is ran by thieves, ....and now they are going after the nurses.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

And we almost forget to ask if whether they did something for the nurses on the Sentosa case. These nurses, undoubtedly went through POEA since Sentosa has a local office here. Can they mention any significant help they have given so far and will be giving if the case further deteriorates not in favor of the nurses. The agency is winning, so far.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

Originally Posted by lawrence01

And we almost forget to ask if whether they did something for the nurses on the Sentosa case. These nurses, undoubtedly went through POEA since Sentosa has a local office here. Can they mention any significant help they have given so far and will be giving if the case further deteriorates not in favor of the nurses.

Lifting order on Sentosa valid - POEA

“The fact that all complainants are EB3 visa holders, effectively vesting them the mantle of protection afforded by the United States to all its immigrant visa holders, is an assurance that their rights and grievances will be properly addressed in the US,” the POEA administrator added.

our POEA is leaving things to the US Government.

Originally Posted by lawrence01

The agency is winning, so far.

I suggest not looking at this case as who's winning or who's losing.

let's stand on the side of Truth, and let the Hammer fall on the Guilty Ones.

after the US Courts (US DOJ & Nassau County Supreme Court) came out with their carefully studied decisions, I'm beginning to have some questions about the case.

the complaints of the Sentosa 27 that the decisions are being influenced by political dealings...are casting more doubts on their case.

I don't think 2 independent US Courts are that easily influenced by political pressure.

imho.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

Originally Posted by pinoy_guy

Lifting order on Sentosa valid - POEA



our POEA is leaving things to the US Government.



I suggest not looking at this case as who's winning or who's losing.

let's stand on the side of Truth, and let the Hammer fall on the Guilty Ones.

after the US Courts (US DOJ & Nassau County Supreme Court) came out with their carefully studied decisions, I'm beginning to have some questions about the case.

the complaints of the Sentosa 27 that the decisions are being influenced by political dealings...are casting more doubts on their case.

I don't think 2 independent US Courts are that easily influenced by political pressure.

imho.

I think you misunderstood me. It's not who's winning or not, it's if they are helping during the case or will help after the case, whatever the result it may be. I am by no means siding on anyone and it doesn't matter who is the perceived guilty party or not because that is for the US courts to decide as you have said.

BUT, since we are talking about benefits, insurance, protection, etc.. and that is what they claim to give when nurses go through POEA, they should extend their help such as maybe partly shouldering expenses for lawyers, and other ancillary things. They of course have no say on the case but it doesn't mean they have no obligation to help by other means either. Those are the 'benefits' we are taking about and sadly they are no where to be found again. This is what I'm trying to drive at. Not because the nurses are perceived to be guilty would mean they don't have obligations to help anymore. They still do, and that is what the POEA was tasked to do and should do, no matter what.

We won't see an American left alone w/o the help of the US Gov't when he will have a case in another country. We saw this happening last year or so when an American soldier had trial and consequently convicted. The US Gov't, thru the US embassy was there to give whatever support they can give because it is their obligation to do so, regardless of any perceived notions.

And I gave the example on my previous post to just emphasize that a nurse won't be able rely on any help from our Country (thru the POEA or OWWA or whatever) when he needs help just like what they do (or not do) to other workers, in other countries.

It would just be another way to collect money for promised 'benefits', insurance, protection, etc.. that would never come when the time comes when the nurse needs it.

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

Originally Posted by precy

All I can say is Philippines is ran by thieves, ....and now they are going after the nurses.

This thought is scary but true. Don't they have enough money from the corruption going on?

Re: SAYS POEA Direct hires for overseas work should be cleared by DoLE

Originally Posted by lawrence01

BUT, since we are talking about benefits, insurance, protection, etc.. and that is what they claim to give when nurses go through POEA, they should extend their help such as maybe partly shouldering expenses for lawyers, and other ancillary things. They of course have no say on the case but it doesn't mean they have no obligation to help by other means either. Those are the 'benefits' we are taking about and sadly they are no where to be found again. This is what I'm trying to drive at. Not because the nurses are perceived to be guilty would mean they don't have obligations to help anymore. They still do, and that is what the POEA was tasked to do and should do, no matter what.

I see your point.

the Philippine Government forgot that it is supposed to be a 2-Way Street.

collect the fees, but provide the service the OFWs are supposedly paying for.

Originally Posted by lawrence01

We won't see an American left alone w/o the help of the US Gov't when he will have a case in another country. We saw this happening last year or so when an American soldier had trial and consequently convicted. The US Gov't, thru the US embassy was there to give whatever support they can give because it is their obligation to do so, regardless of any perceived notions.

this is a painful truth.

Originally Posted by lawrence01

And I gave the example on my previous post to just emphasize that a nurse won't be able rely on any help from our Country (thru the POEA or OWWA or whatever) when he needs help just like what they do (or not do) to other workers, in other countries.

I agree.

Originally Posted by lawrence01

It would just be another way to collect money for promised 'benefits', insurance, protection, etc.. that would never come when the time comes when the nurse needs it.

exactly.