Below is the summary of discussions between Saudi and Philippine labor officials in Riyadh on May 25 to 28. The Saudi side was headed by Labor Minister Ali Al-Namla while the Philippine side was led by Labor Secretary Patricia Sto. Tomas.
Ambassador Rafael E. Seguis provided Arab News a copy of the summary to help clarify what he said were misimpressions of what had really been discussed.
For instance, he said, there’s nothing in the document that says the minimum monthly wage of unskilled Filipino workers should be reduced to $150 per month from the present minimum of $200.
Ambassador Seguis also sought to clarify a report (not by Arab News) that Secretary Sto. Tomas gave special recognition or award not just to outstanding Saudi employers but also those who have not been exactly too generous in their treatment of OFW.
Seguis described the report as “baseless.”
“Whoever circulated that ‘long tale’ must have gotten it from disinformants out to embarrass the good Labor Secretary,” he said, adding that even some and well-meaning Filipino journalists covering the visit were given a bum steer.
Summary of Discussions between delegations of the Saudi Ministry of Labor and Social Affairs and the Philippine Department of Labor and Employment, May 25-28, Kingdom of Saudi Arabia.
Relative to the issue of agreements, settlements, waivers agreed upon by employers and OFWS in Saudi Arabia, or decisions reached by the labor courts and authorities of Saudi Arabia, the issue was deemed moot and academic considering that the Philippine Overseas Employment Administration (POEA), the Overseas Workers Welfare Administration (OWWA), and the National Labor Relations Commission (NLRC) — three Philippine government instrumentalities involved in labor justice administration — have signed an agreement among themselves to give recognition and legal effect to the above-mentioned agreements, settlements and waivers, provided the same are attested only by officials of the Philippine Overseas Labor Office (POLO) and parties now agree to adopt measures to give full and immediate effect to the above:
The recently approved POEA Rules and Regulations already contains provisions allowing dual accreditation for Saudi-licensed agencies. For other employers, the rule provides multiple accreditation.
Pertaining to the issue of the blacklisting of employers without being informed of the cases against them, both parties agreed that henceforth, no case for blacklisting filed against Saudi employers will proceed until the latter is informed of the charges brought against them. The POEA agreed to send notice to the respondent employers through the Philippine Mission, the SANARCOM (Saudi Arabia National Recruiting Committee) and the Saudi Embassy in Manila.
As to the proposed training scheme for household workers, SANARCOM agreed to the implementation of the training scheme developed by TESDA and committed to provide a mechanism by which the training cost should not be borne by the workers. Further, SANARCOM agreed to provide technical information and consultative services pertaining to the design and content of the training program.
SANARCOM expressed its concern on the logistical and administrative difficulties of POLO to conduct post verification due to the wide area covered and big number of employers. Therefore, SANARCOM proposed to the POEA the possibility of allowing the Saudi-licensed agencies, accredited with POLO, to conduct the verification of its own clients with the commitment to take full responsibility should any labor-related problem arises. Under this scheme, POLO could concentrate on the verification of the direct-hired employers. POEA is committed to consider the concern of SANARCOM on the verification done by the POLO. However, it finds the need to create a system of assurance that POLO should have a ready source of solution should a problem arise.
Both parties agreed to formulate a model employment contract that would contain the minimum terms and conditions that may be improved by the employers. Both parties are also committed to finalize the model contract and recommend it to the Ministry of Labor and Social Affairs for recognition and endorsement t concerned entities. The parties further agreed that the employment contract processed by POEA, which shall be based on the agreed model employment contract, should not be amended, revised or substantially altered at work site without the approval of the Ministry of Labor and Social Affairs in co-ordination with the POLO.
Wages shall be determined by the dynamics of the market. However, SANARCOM and POEA agreed that the minimum wage of the unskilled worker must not be less than the prescribed minimum wage of a non-agricultural worker in the National Capital Region of the Philippines. As for the domestic helpers, it shall remain status quo.
SANARCOM and POLO agreed to establish a joint consultative committee that will draw solution to any welfare problem of the worker that may arise.
Per Resolution No. 90 passed by the Council of Ministers on 14/5/1418 (corresponding to 15/9/1997), it was stated that the party responsible for the payment of iqama fees is the employer. Any violation of this resolution shall be a cause for the worker to file a case before the Saudi Labor Office.
In case the employer delays in purpose the repatriation of workers who completed or terminated their contracts for whatsoever legal reasons, the worker has the right to file a petition in the Saudi Labor Office or the Saudi Labor Committees for the immediate repatriation.
However, if employer refuses to cooperate, the Saudi delegation explained that the worker should file a petition directly addressed to The Ministry of Labor and Social Affairs for assistance.
Runaways female domestic helpers can seek refuge at the shelter provided by the Saudi Social Welfare Administration (SSWA). However, the Philippine Embassy experienced refusal for admission to the shelter for reasons of minor non-communicable ailments. Relative to this, the Saudi delegation assured the Philippine delegation that it will address the matter.
The male runaway workers, on the other hand, have no provision for shelter. The Saudi delegation viewed that any provision for such shelter is against the law. The male workers should maximize the legal remedies available under the Saudi labor Law. SANARCOM, meanwhile, committed to assist the POLO in coordinating with concerned agencies to speed up the resolution of the case of runaway male workers according to the laws and regulations enforced.