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…..
======================================================
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
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.
i almost cry reading all the comments here bcoz I’m in this situation. My cousin just got her visa and we’ve just known this trick from the POLO canada. I’m really worried that the employer won’t sign this SCRAP CONTRACT! I doubt if they are really concern for the welfare of Filipinos coming to canada! I just conclude that they are after the fees they are collecting for what they call VERIFICATION and AUTHENTICATION! Anyway, I wonder if how could they VERIFY and finally tell that the employer is not BOGUS? I spoke to one office girl working at POLO Toronto asking her if how long would it take for the verification and authentication of contract? She said just 3-DAY only!How could they do that? They’ll just receive the payment and say ok VERIFIED and AUTHENTICATED! Kaya ang Pilipinas wala nang patutunguhan dinadala pa nila d2 sa Canada ang kaguluhan ng utak nila! Mr. Attache Case wake up!!!!!!!!!!!!
Criz, I you are absolutely right!!!
This is all about MONEY FOR THOSE IN THE POSITION.. GALIT SILA SA MGA ILEGAL ACTIVITIES WHILE IN FACT, THEY ARE THE VERY GOOD EXAMPLE OF WHAT THEY WANT TO ELIMINATE. THEY ARE NO LESS THAN A STINKY SKUNK!!!!
Oo nga nakakagigil. Ang kapatid ko nga galing na dito last year at required ng Canada na dapat may lisensiya pag auto mechanic ka, nakakuha na sana ng lisensiya sa Awa ng Diyos, na-interview ng rin dito sa Canada ng amo na kumukuha sa kanya. Natapos ang processing ng lahat ngayong Nov.08 at nakakuha ng work visa, ano ka’t ng pumunta sa POEA,saka lang niya nalaman ang tungkol sa addendum na yan . Eh ngayon ayaw pirmahan ng amo. Yung lahat ng pagod niya pumunta pa dito sa Canada para magtake ng exam, pamasahe, bayad sa exam at lahat-lahat wala ng patutunguhan ngayon. Sana bago nila inimplement itong bagong batas na eto, pinag-isipan nila ng husto. Kung bakit ba naman dito pa sa workers bound for Canada inimpose itong law, eh ang ganda-ganda na ng batas ng Canada. Tapos napakaganda pa naman ng reputasyon nating mga Pinoy dito sa Canada. Ngayon, mag-nanny man or skilled worker mawawalan na ng gana ang mga employer dito. Sayang ng napakalaking tulong na maihahatid ng mga OCW sa ekonomiya ng Pinas.
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hay naku kagrabe nga jan ng pilipino sa pinas hirap na nga pinahihirapan pa sa halip na makatulong hindi sila ang mga hayup na humihila pababa para man lang umunlad ang bansa in that case palubog na at hindi na makakaahon ang mg asimpleng mamamayan…..
I feel really bad upon reading your blog. I`m a caregiver too & I`ve been here in Alberta for more than a year. There`s no point of doing that. I remember when I took the PDOS, I`m not sure but I think, it`s the Phil gov`t who should pay for the cost for the repatriation of the remains of every OFW. I think we also paid for that in the POEA. If the employer will pay for that then what will be the role of the Phil gov`t then. So I already advised some of my friends coming from France not to go home in the Phil anymore & just go straight to Canada because they might only encounter problems with the POEA.
Another problem, my 2 cousins in the Philippines already got their working visas for Alberta but since direct hired workers are not allowed anymore to leave the country unless they’ll have an agency, then they tried to find one but unfortunately most of the agencies they asked, asked them like from P40k to P60k! That’s too much because they have working visas already they just need the agency in order to comply with the POEA rules. These agencies are taking advantage of them since they know that they are desperate to leave the country. The Philippine government needs to wake up! OFW is the source of life of our country. So pls for the people responsible of doing the laws for OFW`s rights & welfare, pls think something which is really for our benefit & not just doing a law without even considering the possible consequences of it in the end.
thank u at nahanap ko tong site, about this issue, my plan kasi ako na sumunod sa sister ko sa toronto. nag cacaregiver training ako now para lang meron ako certificate at makuha ng work tapos maabutan pa pala kami mga new applicant ng ganyang klaseng contract. kasama pa din ba siya until now?? pls i would like to hear about the result coz as far as i know marami ang tutol sa pinatupad ni luna. thank u more power! Godbless all pinoys!
@jin - spot on! wala na yatang pagbabago ang mga namumuno sa pilipinas.
@wena - ofw’s are the only source of income of the philippines at present that’s probably why they’re trying to milk the applicants before they can leave the philippines because once out - they have all options of not coming back.
mababawasan ang kita nila.
@dianne - sa pagkaka alam ko di pa din nili lift itong directive na ‘to. tanong mo na lang sa kapatid mo kung ano ang update ng philippine consulate.
graduate na ako ng caregiver … but i don’t have any experience …ano ba mga possible question sa canadian embassy … kinukuha ako ng tita ko us a live in caregiver
napaka-unfair talaga ng addendum na yan!! sobrang laki ng mga sinakripisyo ko para lang makapagaral ng caregiver at makapunta ng Canada. dahil sa addendum na yan, sana hindi magdalawang isip yung employer ko. naiinis na nga siya sa MCE dahil ayaw i-entertain na i-expedite yung request nya para makuha agad ako. sinabi niya na nga rin daw sa friend ko doon na nag-refer sa kin na ako na raw ang last na kukunin niya dito sa Pinas dahil sa sobrang tagal at haba ng process. kelangang kelangan nya ng CG para sa anak niyang disabled. nakakainis! kc ito na nga ang opportunity for me na ma-improve ko ang sarili ko and try my future abroad pero eto.. pahirap yang POEA addendum at mga POLO requirements na yan!! maibabalik ba nila yung mga ginastos ko at mga sinakripisyo ko para lang makakuha ng trabaho sa Canada? hay nako, sana lang me gawin ang gobyerno sa issue na yan!
I decided to sponsor under the LCP because daycare is just as expensive. My caregiver was so happy upon receiving her visa after all the processing during the past year. Then she went to the POEA and was told of the POLO requirement. She was crying when asking me to sign. The POLO requirements are only common courtesy: payment of airfare, provision of health insurance, return of a body for funeral purpose and there’s only one cause for termination of employment - failure to do the duties of a caregiver. There is no way for POLO to enforce this addendum as no Canadian law is broken. This is just a money grab by POLO.
I don’t think that the new contract is very questionable. It is a standard contract that we see all the time in the US. The employer is trying to cover all his bases by protecting himself legally. The phillipines need to catch up with the times I think.
LIVE IN CAREGIVER
medyo late na ako magreact dito sa blog na eto ngayon ko lang nakita,masarap isipain na meron pa ring mga taong concern sa mga caregiver na kagaya ko.Itong bagong derictives by the Philippine Govt,this is not protection in favor of the caregiver.
Once a caregiver is within canadian soil,she/he is govern by the Provincial
Labor standard,look at the labor standard ng Canada yan ang proworker.
Ang live in caregiver kung di kaya ang amo nya can resign and look for another job
tignan ninyo ang website na eto www.cic.gc.ca contrary sa alam ng ma caregiver na karamihan.Buti nga dito sa Canada protected ang mga caregiver kesa sa Pinas.
Sa mga merong mga relative na caregiver do not panic,as far as I know maganda pa rin ang caregiver program you just need to know how to speak up for yourself,know the labor standards ng Canada which na ka base ang contract mo.kasi yan lang ang pwedeng magprotect sa mga caregiver,caregivers contract are all base sa labor standards.
Iba naman ang kaso ng mga nonskilled,Non skilled workers sa Albert.
Sa mga derictives na pinalabas hindi ito pro caregiver ito ay ati as far as I am concern,dahil matatakot nga ang employer nito firsts and foremost para saan nag mga fees na binabayaran ng mga OFW bago umalis sa pinas insurance,POEA FEE etc.milyon milyon yan a bakit di tignan yan MR ATTACHE ang from there hindi yong mga employer ang inanatake mo,saan napupunta ang mga pera na yan sa POEA.
@theresa - sana ma-lift na ‘tong directibo na ‘to ni frank luna, dahil totoo naman na walang silbing kontrata ‘to dito sa canada. sa aminin nya at hindi, walang batas na nilubag dito sa canada ang sinuman na hindi sumunod sa kontrata nya. lalo ngayon na umiinit ang issue para sa kapakanan ng mga caregiver at worker dito sa ontario - merong malaking posibilidad na lalong titibay ang batas ng canada laban sa mga sira ulong employer at consultant. kung susundan nyo ang mga laman ng balita ngayon sa dyaryo, television at radyo dito sa toronto - ultimong myembro ng parliamento (parang senador o kongresman sa pilipinas) ay nalalagay sa alanganin dahil meron mga nanny na nagreklamo sa kanya (i-google nyo si ruby dhalla) - kaya para sa akin wala nang dahilan si frank luna para singilin ang mga employer dito ng dagdag gastos - na sa totoo lang eh, mga caregivers din ang siguradong magbabayad pero kunyari mga amo nila ang nagbayad. maraming pautot talaga ang mga taga-gobyerno ng pilipinas.
helo have a pleasant day sa inyo ako po ay nag apply din sa canada as a caregiver merun akong kaibigan sa canada nagtatrabaho din as a caregiver then ang sabi nya may agency daw cya na kilala sa canada na applyan ko nagbayad ako ng more than 100k para sa processing tapos pinadalhan ako ng lmo at nainterview din ako sa canada embassy dito sa pilipinas ang problema is himndi ako nakapasa tapos ngayun ang problema ko is humihinge ako ulit ng lmo para makapag apply ano po ba ang mabuti kong gawin?
i feel disappointed because I am about to leave for canada on october and suddenly it just came to me na may requirement ang POLO Canada which is supposed to be done at the very beginning of the process. i wish they have gone through all that we had para ma realize nila na it’s not worth it! at dagdag pahirap lang ito sa mga pilipino who wish to work as caregivers in canada.
i submitted my application for live in caregiver at the can embassy last sept 2008 up to now i havn’t receive an acknowledgement letter or any reply fr them
There should be someone or a group who are willing to make a campaign and have actually experienced the hardships you have to face not only with the adjustments that goes with the multi cultural environment but dealing with th reality that you are actually working as a housemaid. For all the professionals that we still have back home and planning to work as a caregiver in Canada think about it a thousand times. I am telling you guys it is not that easy as we thought it would be. There’s no place like home and I am really looking forward going back next year!!