May
6
NOTE: For information on how this blog came about, go to the Press Release of the Philippine Labor Attache as published in The Philippine Reporter (which can be downloaded in their archive section at www.philreporter.com) and the reprint of the article questioning the new contract titled New LCP Contract Scares Canadian Employers Away…..
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Recently, the labor attache of the Philippines to Canada, Frank Luna, came out with a directive that before a Filipino/Filipina live in caregiver will be allowed to leave the Philippines for Canada to work as a caregiver, an additional contract must be signed by her/his employer (The Philippine Reporter, Issue April 16-30, 2008 - pages 13 and 30).
This addition is also the subject of an article in same paper, titled “New LCP Contract Scares Canadian Employers Away” (The Philippine Reporter, issue April 16-30, 2008 - page 24) and the continuation, titled “LCP Flawed, Needs Major Changes” (The Philippine Reporter, issue May 1-15, 2008 - page 15).
The press release by the Philippine Overseas Labor Office which can be found on page 13 of the paper states:
Addendum to Employment Contract. The employer undertakes to be responsible for:
1) Cost of 2-way transportation to and from Canada;
2) Health coverage for the employee before the provincial health insurance applies;
3) Termination of employment shall only be for cause;
4) In case of work-related death, cost of repatriation of remains to the Philippines;
Employer Employee
Date ___________________________________
That “short” addition to the contract must be forwarded to the Philippine Overseas Labor Office in Toronto and have to be paid a signature verification fee of US$10 and another CAD$28.75 for consular authentication fee.
Now the question is - how will this “new” additions protect the live-in caregiver?
In case the employer reneged on the signed agreement, how will the Philippine Overseas Labor Office plan to implement any “serious” penalty for violation of those addendum, like say “a day in jail”?
To answer those questions, let us take a look at this additions…..
The first one - the cost of 2-way transportation to and from Canada that must be shouldered by the employer;
In the Labor Market Opinion of Service Canada for the live-in caregiver program, this requirement IS NOT existing (LMO-LCP2 or see screenshot here) and (LMO-LCP1 or see screenshot here) - but the office of the labor attache instead quoted the Expedited Labor Market Opinion for temporary workers for Alberta and British Columbia ( E-LMO) repeatedly in their press releases (The Philippine Reporter, Letter To The Editor, issue May 1-15, 2008 - page 14) and also at another paper (Atin Ito, Vol. 33 No. 4, April 2008 - page 1).
Now, I’m not very good in regulations or any kind of law for that matter but it seems, this are two different set of rules - one for the live-in caregiver program and one for the temporary worker program (E-LMO).
Let’s take a shortcut and include the remaining directives from Philippine Overseas Labor Office new contract which are: health coverage for the employee, termination clause and the work-related death clause.
NOT EVEN ONE of those are in the Labor Market Opinion intended for the live-in caregiver program!
So, how does violation of any one of the additions protect the rights of the caregiver? I don’t think there’s any.
Let’s give an example. Let’s say for the sake of argument that a “bad” employer signed the “new” contract so the caregiver can come to Canada. The employer have no intention of keeping the live-in caregiver and instead will terminate the caregiver as soon as she arrive in the employers house. And the employer did so without having second thoughts and fired the caregiver immediately.
Would the Philippine Overseas Labor Office do something to fight for the rights of this caregiver by “waving” the contract to the proper authorities?
They couldn’t. Why?
Because there is no Canadian law that was broken even if the employer signed that contract. Even the LMO of the live-in caregiver program was not violated.
The labor attache himself said this in one of his press release, “the contract, while approved for LMO purposes, is still a PRIVATE CONTRACT BETWEEN THE EMPLOYER and the WORKER. That being the case, such contract is still subject to the laws and policies of the Philippines, which can prescribe additional conditions to protect the interests of its nationals going abroad.” (The Philippine Reporter, issue April 16-30,2008 - page 13).
Those alone are proof that this new contract will not provide any protection at all that even law enforcers in Canada cannot cite any ordinance that have been violated. Prove me wrong. Give me any proof that a Canadian law was broken just because the employer changed his or her mind in hiring the caregiver or that the employer does not want to pay for the airfare of the caregiver or does not want to pay for the caregivers repatriation in case of death.
(By the way, the airfare and repatriation of body thing is a big issue, moneywise. No “regular” Canadian employer would agree to that - but that’s another blog post.)
Any one of those directives are argumentative.
We’re not questioning the sincerety of the labor attache for coming out with a directive like this. Maybe his intentions are good. But what he should have done is come up with a draft of his proposition and arrange several meetings with all those who’s going to be somehow affected by it. Employment agencies, caregiver groups or immigration consultants and lawyers. Ask for their input because only those involved in the caregiver employment business knows who the crooks were and “witch hunting” or unfair accusations will not help your cause of weeding out the “bad eggs” - if that’s the intention.
More study should have been done before directives like those are sent out to “take effect immediately” - where the most affected people are those who you’re trying to protect. How so?
All the live-in caregivers who are just waiting to leave for Canada when this contract came out would have to wait if their employers would be willing to sign their names knowing that those add-ons can possibly put them in debt, specially the repatriation of the body clause.
Some of this caregivers have been waiting more than a year for their “first step to a better future” but this new contract will “screw it up” if the employer does not sign it. What do we do about them now?
The Philippine Consulate and the Labor Attache better come to terms with the reality that this new additional contract will not do good to protect a caregiver’s welfare. Scrap it. Canada already has enough laws to protect every individual in this country. What should be additionally done is to disseminate every important information to newly arrived Filipinos, whether immigrants or workers, about their rights and numbers to contact in case of emergency. Information, education and extended help is what they need.
Noli Maniquis
www.AdoboRepublic.net
Comments
17 Responses to “Questionable Live-In Caregiver Program Contract…..”
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Hello kabayan, thanks for visiting my blog.
So what are the OFWs in Canada are doing against this memo from Philippine embassy in canada?
Aside from your blog, i haven’t heard of any body else challenging this iniquitous directive (if not downright stupid) made by the embassy.
As you said, such directive never really was for the protection or benefits of the lowly OFW in Canada. It was just a burden to both OFW and employer, which the OFW is at the losing end.
I hope for OFWs in Canada and those bound for Canada affected by this thoughtless directive would make a stand and show to the embassy what its jobs is supposed to be — i don’t know.
Thanks again.
I do miss adobo around here in Nigeria.
I agree completely — we’ve stopped representing Filipinos direct from the Philippines — and have not encouraged families to sign such contracts.
All this does - is make it harder for the Filipinos to get hired for Canada.
@don kishote - we’ll have to see what others will say about this in the papers. Filipinos here leave their sentiments in the Filipino newspapers still and blogs are not mainstream yet.
@el apostol - that’s going to be the result of this new directive, honest consultants and recruiters would not want to be involved in “begging” honest employers to sign this because it’s so difficult to justify.
the labor attache should have thought of this before coming out with such drastic rules.
hello kabayan,
i think you should email your article to Ms. Sylvia Mayuga of PDI’s Global Nation.
Her email is: slmayuga@yahoo.com
I am sure your issues will get wider coverage from other OFWs and from the Philippines.
You know, all OFWs around the world (with exception Canada OFWs) reacted vigorously to that kind of memo (MC 4), forcing POEA to withdraw it.
It is not too late yet to bring this issue into the open.
It is very unfair to Canada bound-OFWs.
“nemo me impune lacessit”
[…] Questionable Live-In Caregiver Program Contract….. […]
@don kishote - thanks for the info, kabayan. will do that asap.
the addendum is not right..costly to canadian employers, too many hassles advises:
1. let all ofw buy insurance plans only $30/mnt, 2. what is pdos for? educate them and give pamplets of rules and regulations plus phone no. of offices they can call in case of emergencies 3. caregiver is a program wherein they are given a chance to be an immigrant in Canada so therefore abolish it.
question: what is the assurance of the employers that the caregivers will finish their contracts of 2 years for they can quit anytime without any reason at all nor just dont work for them after 2 hours arriving at the airport….the contracts are not binding and no violations will occur of it happens….think..think…think..
para sa akin unfair yong addendum na yon kasi mabuti kung ang employer ng isang caregiver ay kamag-anak nya, kahit ano pang addendum na yan ay talagang pipirmahan ng employer makarating lang ang kamag-anak nya but what if the employer is not a relative? No employer here in canada will sign it!Pwede nga pagdating na pagdating ng caregiver sa canada hindi sya magtrabaho sa employer na kumuha sa kanya at humanap sya ng iba, so para ano pa yong addendum na yon? Caregivers here in canada are very much protected…and employers here in canada are very kind.And they really respect the caregiver’s right’s..
@arlene
@nerissa
sabi ni frank luna kaya daw nyang pangatawanan na makasuhan ang sinumang susuway sa kontrata nya. dapat daw kumausap ako ng abogado para malaman ko kung ano daw batas ng canada pagdating sa kontrata.
ite-take up ko ang challenge ni frank luna. kakausap ako ng abogado para malaman ko kung talagang legal ang kontrata nya dito sa canada.
edit (12jul2008): ‘wag na lang. bayaan mo na lang ang mga pilipino ang maghusga sa kanya. sayang lang oras ko sa taong yan.
I came to Canada under the LCP twice. Both times I was fortunate enough to have found Canadian employers who, after much communication, and building relationship of trust, decided to trust me enough to hire me directly.
The hardest part for Filipinos who are hoping to come to Canada under the Live-in Caregiver Program is finding a Canadian employer willing to hire, sponsor and wait for them.
With this new LCP Contract, demanding Canadian employers to take more monetary obligations just to hire a Filipino live-in caregiver from the Philippines,who is a stranger to them, will be a huge discouragement and “turn-off” for the possible employers. Mr Frank Luna might have good intentions for the Filipino workers but this move is unrealistic, unproductive and down right foolish!
from taiwan, nag apply ako sa canada. fortunately w/in 2mos. na isyuhan ako 3yrs working visa. gumastos ako ng more than 4k $US.I’m here in the Phils for 2 mos now, bcoz my employer refused to sign that paper. ibabalik kaya ni mr luna ang nagastos ko sakaling i cancel ng employer ang contract ko? maganda layunin nya, pero di maganda ang resulta.
tambak na ang pending sa opisina ni frank luna sa toronto - ang dahilan - madaming employer ang ayaw pumirma sa kontrata nya.
aaminin ba nya na nakakasama ang ginawa nyang memorandum? syempre hindi. meron bang opisyal na pilipino na umamin na mali sila?
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Filipino ba si Mr. Frank Luna?bakit di yata sya concern sa mga filipino caregivers bound for canada?our visa has been approved, we have our plane ticket but we cannot get an exit clearance from the poea.the addendum is a big problem to us..our employer doesnt want to sign it because of the added expenses..can mr. luna give us a new employer who is willing to sign the addendum?or is he willing to replace all our expenses in the application of our visa if in case our employer didnt sign the addendum?he’ll start calculating our expenses from the caregiver training school, our daily allowances, visa application, speak test, medical, airfare..the addendum must be imposed before the employer applies for the LMO..so, if in case the employer wont agree to the addendum, the filipino caregiver can find another employer..but i doubt it, if ur employer is not related to u, they wont sign it..lucky for those cargeivers whose employers are their relatives..of course dugong filipino pa rin, they will sign it..para lang makapunta ng canada..the solution to this, suspend nalang yung addendum..canadian law is enough..caregivers are already protected by canadian law..
@filipina - alam mo, i don’t want to be involve with this anymore (sana), pero your comment as well as the comment of others in the other sites that i posted this issue kept
hauntingcoming back to me.for the info of those who are affected by this, i sent emails to the different immigration and worker protection departments of different provinces - manitoba, saskatchewan, alberta, ontario, etc. - only one responded and the response is, it is the prerogative of the philippine government.
i take that it means - they don’t care or they couldn’t do anything about it.
the ball is definitely back in frank luna’s court. if he keeps on being stubborn about the issue, it is those not being sponsored by their relatives who will suffer. not him.
does he even care? i don’t think so. if he does, he should’ve acted immediately and lifted his directive as soon as he noticed that files concerning this contract started to pile up in his office.
only thing you could do is put pressure on this guy by emailing your concern with different ofw groups.
as for me, i already did what i think is right. but i’m alone in this, so my voice is rather weak.
maka-karma din yang si frank luna.