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This article is written by TAS Espiritu as requested by the Center for Migrant Advocacy (CMA) - Manila for Verite International – USA

Table of Contents 1. Pre-departure - Human trafficking started from the Migrant-sending Countries. 1.1 Contract Problems (Salary, profession, etc.) 1.2 Visa Problems 1.3 Excessive Placement Fees 1.4 Identity Problems (Name, Age, etc, etc) 2. On the Job Site - Human Trafficking right after the worker’s arrival in the host country. 2.1 Probationary Period 2.2 Between Contract Periods 2.3 Termination of Contract Period

1. Pre-departure - Human trafficking started from the Migrant-sending Countries. 1.1 Contract Problems (Salary, profession, etc.) 1.2 Visa Problems 1.3 Excessive Placement Fees 1.4 Identity Problems (Name, Age, etc, etc) 1.1 Contract Deception - The migrant worker is deceived by the Recruitment Agency and the employer.

1. The salary of the worker stated in the Philippine Overseas Employment Administration (POEA) Contract will not be the same salary in the valid contract. The valid contract will be given to the worker once he will reach the country of his destination.

- Note: in Saudi Arabia the Standard POEA Contract will not be honored in any Labor Court or office. The valid contract is always the Arabic Contract signed by both the employer and the worker.

2 The profession stated in the contract will not be the same profession in the valid

contract.

Example: In Annasban case, the janitresses are made to work as caregivers in a hospital for mentally-ill individual or the old. The migrant worker receives the same salary in the contract but a big responsibility in his new profession.

3 A Skilled worker in the contract but a domestic worker in the visa.

In Saudi Arabia, the migrant workers working for domestic jobs won't get the same privileges that the skilled workers will get.

Privileges of Skilled Workers that a Domestic Worker can't have

1. Mandatory GOSI Membership - Protection for Work related Deaths or accidents. 2. Protected by the provisions of the Saudi Labor Law. 3. Mandatory Medical Insurance 4. Professional License - in Saudi Arabia where the migrant workers working in the medical field should get a license from the Saudi Council and Ministry of Health. The nurses, dentists, doctors with a visa as domestic worker or laborer cannot get a license. As a result, these medical professionals will always find a place to hide every time that there will be an inspection from Ministry of Health.

For Domestic Workers

5. The medication of the domestic workers must be shouldered by the sponsor. 6. The domestic workers are not covered by the Saudi Labor law. There is a special department under the Governor's office that handles their labor cases.

1.1.4 A contract of more than 5 years. This type of contract deprives the worker for career growth. There is no provision in the Saudi Labor that limits the contract to specific number of years. 1.2 Visa Deception 1.2.1 Working Visa

1. A skilled worker in the contract but a domestic worker in the working Visa. (This will deprive the worker the privileges that a skilled work should have - refer to 1.1.2) 2. Both Visas are for skilled workers but of different professions. (See Annasban Case)

1.2.2 Visit Visa Unavailability of working visas is the main cause why employers tend to give a visit visa to his worker.

1. It is clearly stated in the visit visa stamped in a worker's passport that he is "Not Permitted to Work" in Saudi Arabia. 2. A migrant with visit visas are deprived from the privileges stated in 1.1.3. 3. The migrant worker will be prone for abuses because once his visit visa will expire; he will become undocumented (illegal migrant).

4. A huge amount as penalty will be paid by the sponsor for an expired visit visa. This will cause delay in sending the worker back to his country; especially for those employers who are used to abuse the workers. This will also result to a delayed salary, a forced labor and verbal abuses.

Reference: Enrico Luga and the Car Designing Team Case 1.3 Recruitment Agency Problems

1. Recruitment Agencies asking for excessive placement fees 2. The worker can only see their contracts during their departure thus there is not time to back out. If the worker intends not to go, they will be threatened that a legal case will be filed against them or they will be asked for another fees for penalties. These all happen in the airport, on the day of departure where the worker has no chance to back-out. 3. The worker will be made to give an amount as a bond to ensure that he will depart. In most cases, this amount will never be returned to the worker.

Please see word document attached from Arsan Employees. 1.4 Identity Problems

1. The migrant worker is using a fictitious name. 2. The age of the minor migrant worker is altered to an age required by the Philippine government. 3. The name of the employer in the POEA standard contract is not the same as what is reflected in the working visa. 4. The address of the workplace is not the same as the real address in the workplace.

The POEA contract is supposedly for the purpose of documentation but why the Philippine Government is not implementing this system well? If the worker will have a problem in the workplace it will be very hard to locate for his/her whereabouts. Try to take a look at the following documents. (Note: these documents are owned by a female migrant. This could happen to a male migrant too.)

POEA Standard Employment Contract VS Working Visa

Standard Employment Contract 1. Name of Worker: Maricar Argano 2. Employer: Saudi Fashion Dress Shop 3. Work Location: Al Khobar 4. Profession: Janitress 5. Salary is 280 USD (since no standard salary for janitress)

Passport and Visa Info

Working Visa stamped in the Passport 1. Name: Maricar Martires Argano 2. Employer's name (Arabic): A person's name who does not own a dress shop 3. Work Location (Arabic): Sennaya Riyadh 3. Profession (Arabic): Domestic Helper (Housemaid) Real Score when the Migrant worker reached KSA 1 Name: Maricar Martires Argano 2. Employer: Same as passport (different from POEA Standard Contract) 3. Work Location: same as passport (different from POEA Standard Contract) 4. Profession: Same as passport (different from POEA Standard Contract) Comments: 1. What happened to the purpose of having an accurate database for all migrants? The recruitment agency provides wrong information about the worker, the sponsor and workplace. If the worker encounters a problem abroad, how can we locate him? 2. Why does the Recruitment Agency use a dummy company? The only reason I can think of, is for the Recruitment Agency to justify that this OFW’s work is really a Janitress and not a domestic worker. 3. Why do they put janitress instead of domestic worker as reflected in the working visa? The answer is “They will not be forced by POEA to follow the standard salary for domestic worker”.

2. On the Job Site - Human Trafficking right after the worker’s arrival in the host country The worker now enters the host country with either a working visa or a visit visa In Saudi Arabia, it is illegal for a visit visa holder to work. The visit visa normally expires after three months. If the visit visa holder was hired to work for the employer then he is already a victim of human trafficking. He will be subjected for abuses aside from being deprived of all the privileges that he can get if only he has a working visa. The following are the important processes that a migrant with working visa must go through. 2.1 Probationary Period 2.2 Between Contract Periods 2.3 Termination of Contract Period 2.1 Probationary Period

1. The probationary period is three months. It starts from the day of arrival up to the 90th day. 2. If not satisfied, the employer has the right to send a worker back to his home country. The employer can also request for a replacement from the recruitment agency. 3. This is also the period when the contract between the worker and the employer is made.

Expected Content of the Contract

1 - Name of the Worker

2 - Profession and Scope of work 3 - Name of the Employer or Company 4 - The Salary 5 - The duration of Contract 6 - Other Benefits (Housing, Food Allowance, Transportation) 7 - Indication of a 3 month probationary period 8 - Signature of Both Parties; the worker and the employer Both Parties must have a copy of the Contract. In the Saudi Labor law, it is the right of the worker to have a copy of the contract that he signed. Unfortunately, a lot of our migrant workers even signed a blank paper as contract which resulted to a lot of disputes in the future. In most cases the employer has the upper hand.

There are many instances that a migrant worker who filed a labor case against his employer doesn't even have a copy of his contract. He will only be surprised when the employer has a contract that the worker cannot remember that he had signed. The POEA Standard employment contract is not honored in the Saudi Labor Office. The Arabic contract is the valid one. The worker has the right not to sign the Arabic contract until he reads a translated copy. It is highly recommended that the worker must sign the valid Arabic Contract before leaving his country. The worker must secure a copy of that contract for him to have a ready evidence if ever there will be contract substitution (in the receiving country). The worker has the right not to sign a contract if the contract agreed in the Philippines is not followed. Many abusive employers resort to contract substitution. This normally happens when the worker has arrived in Saudi Arabia. The worker will be threatened to be sent home if he will not sign the contract. The worker will be forced to sign the contract because he is already deeply in debt from the expenses of processing and recruitment fees. If there is a contract substitution, the worker must be advised to call his embassy, consulate, Philippine Overseas Labor Office (POLO) and the Philippine recruitment agency before signing the contract. The problem is that most migrant workers in distress do not know the number of their embassy, consulate or POLO. Contract substitution involves salary deduction, extended duration of contract, change of profession and scope of work, assigned to work for different sponsor or company and deprivation of the benefits that was agreed when the worker was hired in the Philippines. The Vicious Cycle The three month probationary period is the same agreed period between the employer and the recruitment agency. It is in this period that the employer has the right to replace the worker if he is not satisfied with the worker's performance. The worker must complain to the recruitment agency that there is a contract substitution but the recruitment agency normally advises the worker to sign the contract. Their normal response "Just sign it; we can not do anything to help you". The worker then will call the embassy, consulate or the Philippine Overseas Labor office. As expected the response from the embassy will be "We can't do anything about it. Just call your recruiter and if they will not comply we will put their agency in the blacklist" The worker will only have two options left, to escape or to sign the contract. If the worker will escape, he will become undocumented and later will be caught by the authorities. He will then be placed in the deportation jail. He will call his embassy again. This will be the embassy’s normal reaction "Why did you escape?"

If the worker will sign the contract then later he will encounter a lot of labor problems. He will then ask for help from his embassy again. This will be the embassy’s common reaction "Why did you sign that contract?" Worker: "Sir, I already called your office when I was forced to sign that contract." Embassy: "What is the name of the embassy staff? It was not me. What is your agency?" Worker: “Sir Ek-ek Recruitment Manpower Agency “ Embassy: "Ah we already put that agency in the blacklist" (It is easy for our government to put a recruitment agency in the blacklist or be closed. It is much easier for a recruitment agency to just replace their name and go back to the same business!) Suggestions: Create a better mechanism to protect the migrant workers from contract substitution or any form of abuses during the probationary period. The worker must be empowered. He must know his rights and the tools he needs to protect his rights. The embassy, the POLO, the recruitment agencies and the worker himself must work together to fight against contract substitution; thus suppressing more problems in the future. Note: The employer is obligated to pay for the salary of the worker during the three month probationary period. It is a violation of the Saudi Labor Law not to give the worker his salary during this period. The start date of the contract is always the date of arrival (or a day after if the worker arrives at night) and not after the probationary period. Some employers do not pay their workers during the probationary period. Some employers also do not include the days worked during the probationary period in the contract duration. These are obvious violations of the Saudi Labor Law. 2.1.3.2 Mandatory Requirements that must be shouldered by the employer according to the Saudi Laws. 1 - Iqama and Work permit (Article 40.1 of the Saudi Labor Law) 2 - Visas (Article 40.1 of the Saudi Labor Law) 3 - Recruitment Agency Fees (Article 40.1 of the Saudi Labor Law) 4 - Plane Tickets (Article 40.1 of the Saudi Labor Law) 5 - Medical Insurance (under the Cooperative Health Insurance Law) 6 - Accidental and Death Insurance

(under the GOSI Occupational Hazard Branch - OHB)

2.1.3.2.1 to 2.1.3.2.4 Iqama, Work Permit, Visas (Entry, Exit –Reentry and Exit), Recruitment fees, Plane tickets must be shouldered by the employer (Article 40.1 of the Saudi Labor Law). Deceptions done by some employers and companies: In some employment contract, it is written that the worker will pay for the Iqama, Work Permit, Visas, Recruitment fees, or even for the plane ticket. Since the worker has no knowledge in the Saudi Labor Law he signs the contract and he agrees that the recruitment fees will be deducted from his salary. Article 8 of the Saudi Labor law states that "Any condition that contradicts the provisions of this Law shall be deemed null and void. The same applies to any release or settlement of the worker’s rights arising from this Law during the validity of the work contract, unless the same is more beneficial to the worker." What are these conditions? Undertakings, contracts, policies, rules or guidelines. That contradicts with the provisions of the Saudi Labor Law What are these provisions related to the Iqama, Work Permit, Visas and Plane tickets ? Article (40): An employer shall incur the fees pertaining to recruitment of non-Saudi workers, the fees of the residence permit (Iqama) and work permit together with their renewal and the fines resulting from their delay, as well as the fees pertaining to change of profession, exit and re-entry visas and return tickets to the worker’s home country at the end of the relation between the two parties. These provisions of the Saudi Labor Law clearly protect the migrant workers. Yet, the deductions for the fees of Iqama, Visa and Plane Ticket are the most common labor problems that the migrant worker will be facing. Let us compute the amount that the abusive employers and companies deduct from their worker’s salary Iqama – 650SR (yearly) Work Permit – 100SR (yearly) Recruitment Fee – 1900SR (first year) Entry Visa – 2000SR (first year) Exit – Reentry Visa – 200SR (2nd year) Plane Ticket – 1500SR (2nd year)

Assuming that the contract duration is 2 years then the worker will pay For the first year – total deduction of 4650SR (1230USD) or a monthly deduction of 387SR (102USD) For the second year – total deduction of 2450SR (649USD) or a monthly deduction of 204SR (55USD)

This is a summary of the total deductions of a worker in a certain hospital in Saudi Arabia. (A total of 5600SR has been deducted from the worker’s salary in a 2 year period). Their complaint is currently handled by CMA and will be submitted to the Ministry of Labor Saudi Arabia, then to the Human Rights Commission – KSA to monitor the case. The workers kindly requested not to submit their complaints to POLO and our Embassy, but directly to the Ministry of Labor of Saudi Arabia. These migrant workers don’t trust our POLO and Embassy.

Some workers do not submit their complaints to the Ministry of Labor or to any Saudi Government Agencies because of the following reasons:

1. Ignorance – they do not know that it is the obligation of the employer to incur all these fees. 2. They are afraid to lose their job because their employers had threatened them; Sometimes the employer had told the workers that he is too powerful and that he has lots of connections in the Saudi government 3. Complacency – The wrong attitude of “Bakit ako ang magpakabayani?, yung iba na lang” 4. They thought that there is a need to file a case against the employer for this kind of problem and the labor court hearings take a lot of time.

Resolution :

1. Write a complaint letter. 2. Gather evidences; employment contracts, pay slips, etc. 3. Translate the letter to Arabic 4. Send one complaint letter to each of the following offices; the Ministry of Labor,

Human Rights Commission, The Governor’s Office (Emara), Your Embassy, your own labor office and NGOs.

5. You can file anonymously and use the phrase “Please investigate and tell our company to comply with the provisions of the Saudi Labor Law.

Suggestions: Our Embassy and POLO must try to talk to the employers if they find obvious violations of the employers. The reason why migrant workers do not want to file a complaint in POLO is because the only advice a worker gets is “Let us file a labor case against your employer”. Filing a case and attending hearings consume a lot of time. The worker will surely not pursue in fighting for his rights to avoid hassles.

2.1.3.2.1 - Medical Insurance – Since September 15, 2008 the medical insurance is mandatory for all migrant workers in KSA. The employer must provide a medical insurance for his worker; otherwise he will lose his business license. The employer can not hire new workers because he will be banned to hire a worker, banned to get a worker's visa or banned to get a license for his business. What the Law Says with Regards to Health Insurance? Saudi Labor Law Provisions Article (144) An employer shall provide his workers with preventive and therapeutic health care in accordance with the standards set forth by the Minister, taking into consideration whatever is provided for by the Cooperative Health Insurance Law. Article (146.3) Necessary medical arrangements to protect the workers’ health and provide comprehensive treatment for their families (family shall mean spouse, children and parents residing with the worker). Cooperative Health Insurance Law Article (1) This Law aims at providing health care and organizing it to non-Saudi residents of the Kingdom. It may be applied to Saudi citizens on the basis of a resolution by the Council of Ministers. Article (2) The cooperative health insurance coverage includes all of those to whom such coverage applies and their families in accordance with paragraph (b) of Article (5). And what is the penalty for the employer who will not comply to this law ? Article (14) a. If the employer does not subscribe to the cooperative health insurance, or fails to pay its subscription premiums regarding a workman and his family according to this Law, the employer shall be obligated to pay all the premiums due, in addition to a financial penalty which does not exceed the amount of the yearly subscription and the possibility of forbidding it, permanently or temporarily, from recruiting expatriate labor. Schedule of mandatory implementation of Health Insurance for all migrant workers Phase I - companies with more than 500 workers - implemented January 2006 Phase II - companies with 100 to 499 workers - implemented Phase III – companies with less than 100 workers – implemented and by September 15, 2008 all workers in KSA must have a medical insurance

The above image shows two medical insurance cards and brochures. These belong to a migrant (na gwapo kaayo) working in Saudi Telecom Company. The said company had provided medical insurance to their workers even before the mandatory implementation of the Cooperative Health Insurance Law. How the migrant workers benefit of having a health insurance? A premium of SR2,500, will be covered for a total of SR500,000 annually. A premium of SR2,000, will be covered for a total of SR300,000 annually. A premium of SR1,000, will be covered for a total of SR100,000 annually. The Saudi Arabian Government has done its best in terms of protection for the health of the Migrant workers and their dependents. The law states that all employers must provide health insurance to their workers. If this will be strongly implemented then we may have no problem in searching for good Samaritans to shoulder the expenses for the medication of those legal migrant workers suffering from physical illnesses. We will never be facing any problem like that of OFW Bryan Cruz, a 22 year old dental technician whose expenses for dialysis were shouldered by generous OFWs. Bryan was able to get a royal order from HRH Prince Sultan bin Abdul-Aziz bin Saud for free kidney transplant. Note: like the many royal orders that our OFW SOS senders get, Bryan’s Royal Order did not come from our Embassy.

Friends Of OFW –SOS KSA. The late Tatay Conrado Nazareno, Nanay Tess Nazareno, Ate Tess Cruz, Tita Edith Citro, Bryan Cruz and Kuya. Both Tatay Conrado and Bryan needed operation for kidney transplant. Both were recipients of Royal Order for free transplant with the help of the Bagahansol – Citro Family who referred their cases to HRH Prince Sultan bin Abdulaziz bin Saud. Both Tatay Conrado and Bryan received the royal order from HRH Sultan thru our SOS Friends and not from the embassy. Tatay Conrado died before his scheduled operation. They first sought help from the embassy for a royal order. Both families were told by embassy officials “Kami lang ang makakuha ng Royal Order. Hindi kayo makakuha ng hindi manggagaling sa amin”. Until now, there is no news of what happened to that request from our Embassy. YouTube links : Bryan Cruz - http://www.youtube.com/watch?v=y5OzzT8vbpI The late Tatay Conrado Nazareno - http://www.youtube.com/watch?v=MQHwfS1PVgk

Are the undocumented migrants covered by the Health Insurance too? The undocumented migrants are not covered by the Health insurance. One requirement to avail the health insurance is that you have a valid Iqama and a valid sponsor. Look for example the case of OFW Ernesto Dueñas.

OFW Ernesto Dueñas arrived in Saudi Arabia in 1986. He became undocumented in 1997 when his employer died. In his letter to HRH Prince Salman and HE Sheik Turki bin Khalid al Sudairy, Ernesto wrote “In December 2007, I stepped into something that caused infection to my right leg. I am a diabetic and the infection became severe. The Philippine Embassy sent me to Shumeisy Hospital. My right leg was amputated because of the severe infection. I was released from the hospital on February 2008. The embassy promised to send me home as soon as possible. It's been 6 months and nothing happened.” Your Excellency, I have stayed here in the Kingdom for 22 straight years. I have not violated any law except for being undocumented because of circumstances that I had nothing to do with. I have been a good resident. Likewise the Kingdom of Saudi Arabia has financially helped me and my family in Philippines. Your Excellency, I attached herewith the waragas to prove my claims. I also attached my photo to earn your sympathy. With my situation it will be hard for me to go through deportation. I am now knocking at your heart. I know you are fair to all residents in the Kingdom regardless of race, culture and beliefs. Please don’t fail me.

OFW Ernesto Dueñas in the office of KSA Human Rights Commission President Sheik Turki bin Khalid al Sudairy. Other SOS cases that could have benefited from the Health Insurance law.

Efren Lapuz (right) - a trailer truck driver who suffered acute bacterial meningitis

The Late OFW Zacharias Llamera - a hit and run victim. His employer did not even visit him in the hospital to check for Llamera's condition. The Philippine Embassy only visited him once. He had no health insurance. OFW Llamera was the sole bread winner of his family. The late Zacharias Llamera died 2 years ago.

The late OFW Anna Demegilio (seated); a cancer patient with the members of Ilonggo Corp Group. The IC Group paid for the hospital bills. They then brought OFW Demigilio to Bahay Kalinga. OFW Demigilio died two weeks after this photo was taken.

Other Related Cases: Connie Lahoy-lahoy Renze Baltazar For more info : please refer to Cooperative Health Insurance Law of Saudi Arabia posted in patnubay.com

Please Continue to Next Page

2.1.3.2.2 – Occupational Accident or Death Insurance (under the GOSI Occupational Hazard Branch - OHB) Provisions of the Saudi Labor Law with regards to work related Accident / Death Benefits Article (132) - The provisions of this Chapter shall not apply to the firms subject to the Occupational Hazards Branch of the Social Insurance Law. Article (133) - If a worker sustains a work injury or an occupational disease then the employer shall be required to treat him and assume directly or indirectly all necessary expenses, including hospitalization, medical examinations and tests, radiology, prosthetic devices and transportation expenses to treatment centers. Article (134) - An injury shall be deemed a work injury in accordance with the provisions of the Social Insurance Law. Occupational diseases shall also be considered work injuries and the date of the first medical diagnosis of the disease shall be treated tantamount to the date of injury. Article (135) - Any relapse or complication arising from an injury shall be deemed an injury and shall be treated as such in terms of aid and treatment. Article (136) - Occupational diseases shall be determined in accordance with the Occupational Diseases Schedule provided for in the Social Insurance Law. Degree of total or partial disability shall be determined according to the Disability Percentage Guide provided for in the said Law. Article (137) - In the case of temporary disability arising from work injury, the injured party shall be entitled to financial aid equal to his full wage for thirty days, then 75% of the wage for the entire duration of his treatment. If one year elapses or it is medically determined that the injured party’s chances of recovery are improbable or that he is not physically fit to work, his injury shall be deemed total disability. The contract shall be terminated and the worker shall be compensated for the injury. The employer may not recover the payments made to the injured worker during that year. Article (138) - If an injury results in a permanent total disability or the death of the injured person; the injured person or his eligible beneficiaries shall be entitled to compensation. The computation must be equal to his wages for three years, with a minimum of fifty-four thousand riyals. If the injury results in a permanent partial disability, the injured person shall be entitled to compensation equal to the percentage of the estimated disability in accordance with the approved disability percentage guide. Schedule multiplied by the amount of compensation for the permanent total disability. Article (139) - An employer shall not be required to comply with the provisions of Articles (133), (137) and (138) of this Law if any of the following is established:

(1) If a worker deliberately injures himself. (2) If an injury is caused by intentional misconduct on the part of the worker. (3) If a worker refuses to be examined by a physician or refuses to accept treatment by the physician designated by the employer without a valid reason. Article (140) - Liability of previous employers of a worker suffering from an occupational disease shall be determined in light of the medical report of the attending physician. Previous employers shall be required to pay the compensation provided for in Article (138) of this Law, each in proportion to the period such worker has spent in his service, provided that the industries or occupations they engage in cause the disease the worker suffers from. Article (141) - The procedures for reporting work injuries shall be determined pursuant to a decision by the Minister. Provisions of Social Insurance Law of Saudi Arabia GOSI - Government Organization of Social Insurance Overview - Occupational Hazards Branch (OHB) is one of the two insurance branches (of GOSI) which provide benefits in cases of employment injuries. The other branch is called Annuities Branch which provides benefits in cases of non-occupational disability, old-age pension, and death. OHB is compulsory and applied to all Saudi and non-Saudi workers Exceptions are the following 1. Domestic workers / family drivers - however they are free to be treated in a government hospital as long as they have valid Iqamas 2. Foreign workers who engage in works which usually take no more than three months. 3. For more exceptions see Article 5 of the Social Insurance Law. Disability and Death Benefits Computation (under OHB)

Permanent Disability Benefit Computation (if the worker's age does not exceed 40)

- Salary multiplied by 84 (or number of months in seven years) - The total amount won't exceed 330,000SR

For example if the salary of the worker is 4000Sr and he is entitled for permanent disability benefit; the computation will be like

4000 X 84 = 336,000 , the worker will receive a 330,000SR

Partial Disability Benefit Computation (if the worker's age does not exceed 40) The disability must be declared by GOSI and their physician If disability percentage is 50% or more, the computation will be (Basic Salary X 84 months X Disability percentage.) If Disability percentage is less than 50 percent, the computation will be

-Salary multiplied by 60 months (5 years) multiplied by the percentage of disability. - The total amount won't exceed 165,000 SR

For example the salary is 4000SR and the percentage of disability is 30% then

4000 X 60 X 30% = 72,000

Death Benefits Computation (if the worker's age does not exceed 40)

- Death Benefits computation is like that of Permanent Disability benefit.

- Salary X 84 but not more than 330,000SR

For workers above 40 years old, the excess years (above 40) will be deducted from the total number of months (84)

For example if the age of the worker who suffers occupational injury is 50 years old.

Then 50 - 40 = 10 (So 10 months will be deducted from the 84 months)

The worker or his family may receive the benefits equivalent to 74 months (derived from 84 -10).

- For partial disability then it will be 50 months only (60 minus 10). Condition: the benefits to be received for the worker who suffers occupational injury or death must not be less than 36 months salary. - All GOSI Benefits entitled to a foreigner will be given as lump sum. Note: Foreigners who come here with visit visas are not covered by the Social Insurance Law (Note they can never be considered as legal workers / their passports have visas with "Not Permitted to Work" stamp).

Self inflicted disabilities and self inflicted deaths are not covered with the OHB. Other exceptions are the Disabilities or Deaths caused by the employer towards the worker However, Private Right of Action (for compensation) can be filed according to the Criminal Laws (Laws of Criminal Procedure). Case of Carlito Martinez Pepito

Carlito had an accident last 2006; the hospital expenses were shouldered by the company and by GOSI. OFW Pepito also got 120,000SR for his total disability benefit from GOSI. Human trafficking? Although the Kingdom of Saudi Arabia has mandatory laws that protect the welfare of migrant workers, there are still many migrants who are deprived of these rights due to the following reasons: 1. The employer did not enroll his worker to be covered by a health Insurance. 2. The employer did not enroll his worker to be covered by GOSI. 3. The migrant worker is undocumented (a runaway, with expired Iqama or visit visa).

Resolution:

1. The worker must be vigilant and empowered before coming here to work. He must know that it is his right to ask for Medical Insurance or GOSI even during the time when he was hired in his home country. When the worker arrives in Saudi Arabia, he must investigate; he must ask his co-workers if the company gives health insurance and GOSI to the workers.

2. Do not resort to escape if there are violations of the employer. Instead, you or your family in Philippines must write to the DFA, POEA, Embassy, POLO or OWWA that your employer had made violated the mandatory laws...

3. Seek the help of any NGO who had established good rapport with some Saudi Government Agencies or Saudi NGOs.

4. The above-mentioned Philippine Government Offices must remind the employer or the company that they must provide medical health insurance or GOSI for their workers to suppress any problem that may arise in the future.

5. The worker or the above mentioned Philippine Government Agencies must write a letter to inform the Saudi Government Agencies in-charged that a company had violated the mandatory laws.

6. We in OFW SOS KSA are always proactively vigilant. We must not wait for the migrant worker to run away, or to get sick or to encounter an accident before we do something. We are hoping that someday our embassy and all the Philippine Government agencies assigned to protect our rights; must also do the same.

OFW Joel Lozada, an undocumented migrant worker who had an occupational accident. He could never be admitted to any private hospital because he has no Iqama, and no passport. He can be admitted to a government hospital but with the endorsement from our embassy or any Saudi Government or Non – Government agencies. OFW Joel Lozada Video Interview http://www.youtube.com/watch?v=MIBMij1vBD8

2.2 Between Contract Periods Most abuses made by the employer in between contract periods could be caused by the following:

1. Realization of the worker that there was a deception during the contract signing 2. Abuses of the employer 3. Abuses of the worker

2.2.1 Realization of the worker that there was a deception during the contract

signing. If the worker had signed the contract then there is nothing he can do except to follow what was stipulated in that contract. (Exceptions are the mandatory laws that we had explained in the previous pages) If the contract was altered after both parties had signed then the worker has the right to object the bogus contract. He can also file a legal case against his employer for forgery. All that he has to do is to present the copy of the contract that both he and the employer had signed. Again that contract should be in Arabic. Article (9) of the Saudi Labor Law -Arabic shall be the language used for data, records, files, work contracts and the like as provided for in this Law or in any decision issued in implementation of its provisions as well as the instructions issued by the employer to his workers. If the employer uses a foreign language beside Arabic in any of the mentioned cases, the Arabic text shall prevail. Resolutions:

1. The worker must be vigilant during the contract signing as explained in the previous pages.

2. The Philippine Government Agencies, the recruitment agencies and even the NGOs must provide assistance to the worker by reminding the employer if he had violated certain laws of the Kingdom.

3. Consult the Saudi Government Agencies, the Emara, Human Rights Commission and NGOS.

4. Be equipped with thorough knowledge on the Laws and Procedures of Saudi Arabia.

5. Do not advise the worker to escape not unless in a life threatening situation. If in case there is a need to escape the worker must inform his embassy, labor office first or any Saudi Government Agency.

6. Be critical thinker.

2.2.2 Abuses of the employer

1. Iqama, Visa, Work Permit, Medical Health Insurance, GOSI or any other mandatory obligations of the employer

2. Assigned to work for another profession 3. Excess hours of Work without overtime pay 4. Delayed Salary 5. Verbal Abuses 6. Physical Abuses 7. Illegal Termination

2.2.2.1 Iqama, Visa, Work Permit, Medical Health Insurance, GOSI or any other mandatory obligations of the employer Even though these are mandatory obligations of the employer, the migrant worker must be very vigilant because these are to be renewed yearly. Resolution: Refer to 2.1.3.2 – (Mandatory Requirements and Benefits that must be shouldered by the employer according to the Saudi Laws. ) 2.2.2.2 Assigned to work for another profession Article (38) of Saudi Labor Law An employer may not employ the worker in a profession other than the one specified in his work permit. Before following the legal procedures for changing the profession, a worker is prohibited to engage in a profession other than his. Article (39): (1) Unless he has followed the stipulated legal rules and procedures, an employer may not allow his worker to work for others, and a worker may not work for other employers. Similarly, an employer may not employ workers of other employers. (2) An employer may not allow a worker to work for his own account and a worker may not work for his own account. This is the importance of having an accurate working visa. The work permit and the work mentioned in the Iqama are based in the entry working visa. The Philippine government and the recruitment agency must be very vigilant with regards to the visas issued to the migrant workers.

Armando Llave, a 55 year old Filipino was hired by a Saudi employer to work as a well-driller. He had a work related accident and his right leg needed to be treated. He had no medical health insurance; so his employer brought him to a government hospital (Sulayil Hospital). It was in Sulayil Hospital where OFW Llave had learned that the profession in his work permit was for a “Family Driver”. Family driver is considered as a domestic work. In a domestic work; GOSI and medical health insurance are not mandatory obligations of the employer but the employer must be responsible for the health and welfare of his worker. OFW Llave was treated in Sulayil hospital for free of charge. However, he could not claim for partial disability benefit because he is not a member of GOSI. A friend referred OFW Llave to OFW –SOS KSA. OFW Llave did not want to file a case against his employer and he just wanted to get his salary and to be repatriated back to Philippines. OFW SOS KSA talked with the employer and asked the latter to provide the best resolution for OFW Llave’s case. OFW SOS KSA also informed the employer about his violations. The employer reiterated that the setup was agreed between him and OFW Llave. The employer promised to give the delayed salary of 5000SR, the plane ticket and exit visa. OFW Llave got the 5000SR that the employer had promised. OFW Llave was repatriated five days after he sought help from OFW SOS KSA. For more information please refer to Armando Llave Case file. Special note: Company Driver is a skilled work and is covered by the provisions of the Saudi Labor Laws. GOSI, Medical Insurance and Motor Insurance are mandatory. Some companies also provide risk insurance to their workers aside from GOSI. 2.2.2.3 Excess Hours of Work without Overtime pay According to the Saudi Labor Law, “In all cases, the actual working hours shall not exceed ten hours a day or sixty hours a week. The maximum overtime hours allowed per year shall be determined by a decision of the Minister.” Article (107): (1) The employer shall pay the worker for overtime working hours an additional amount equal to the hourly wage plus 50% of his basic wage. (2) If the firm is operated on the basis of weekly working hours, the hours in excess of the hours taken as the criterion shall be deemed overtime hours. (3) All working hours performed during holidays and Eids shall be deemed overtime hours.

Provisions of the Saudi Labor Law for Rest Periods and Weekly Rest days First: Rest Periods Article (101): Working hours and rest periods during the day shall be scheduled so that no worker shall work for more than five consecutive hours without a break of no less than thirty minutes each time during the total working hours for rest, prayer and meals, provided that a worker shall not remain at the workplace for more than eleven hours a day. Article (102): The periods designated for rest, prayers and meals shall not be included in the actual working hours. During such periods, the worker shall not be under the employer’s authority. The employer shall not require the worker to remain at the workplace during such breaks. Article (103): The Minister may specify, pursuant to a decision by him, the cases and jobs where work shall, for technical reasons or operational conditions, continue without breaks. In such cases and jobs, the employer shall allow prayer, meal and rest periods to be scheduled during working hours by the management of the firm. Second: Weekly Rest Days Article (104): (1) Friday shall be the weekly rest day for all workers. After proper notification of the competent labor office, the employer may replace this day for some of his workers by any other day of the week. The employer shall allow the workers to perform their religious obligations. The weekly rest day may not be compensated by cash. (2) The weekly rest day shall be at full pay and shall not be less than twenty-four consecutive hours. Article (105): As an exception to the provisions of Article (104) of this Law, in remote areas and in jobs where the nature of work and operational conditions require continuous work, weekly rest periods accruing to the worker may be consolidated for up to eight weeks if the employer and the workers agree to that effect, subject to the Ministry’s approval. In calculating the consolidated weekly rest periods, it shall be taken into consideration that said periods begin at the hour the workers arrive at the nearest city with transportation services and end at the hour the workers return to it.

Article (106): An employer may not comply with the provisions of Articles (98), (101) and Paragraph (1) of Article (104) of this Law, in the following cases: (1) Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year. (2) If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials. (3) If the work is intended to meet unusual work pressure. (4) Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister. In all of the above cases, the actual working hours shall not exceed ten hours a day or sixty hours a week. The maximum overtime hours allowed per year shall be determined by a decision of the Minister. Article (107): (1) The employer shall pay the worker for overtime working hours an additional amount equal to the hourly wage plus 50% of his basic wage. (2) If the firm is operated on the basis of weekly working hours, the hours in excess of the hours taken as the criterion shall be deemed overtime hours. (3) All working hours performed during holidays and Eids shall be deemed overtime hours. Article (108): The provisions of Articles (98) and (101) of this Law shall not apply to the following cases: (1) Persons occupying high positions of authority in management and policy, if such positions grant the persons occupying them authority over workers. (2) Preparatory or supplemental works which must be completed before or after commencement of work. (3) Work that is intermittent by necessity. (4) Guards and janitors, excluding civil security guards. The Regulations shall specify the jobs listed under paragraphs (2), (3) and (4) of this Article and their maximum working hours.

Resolution: for excess hours of work without overtime pay

1. Write a complaint letter. 2. Gather evidences such as schedules, pay slips, etc. 3. Translate the letter to Arabic 4. Send one complaint letter to each of the following offices; the Ministry of Labor,

Human Rights Commission, The Governor’s Office (Emara), Your Embassy, your own labor office and NGOs.

5. Always use the phrase “Please investigate and tell our company to comply with the provisions of the Saudi Labor Law.

6. The letter can be anonymous or you may ask a progressive NGO like CMA Philippines to write your complaints to the offices mentioned above.

7. Do not escape or run away from the work place. The employer can file an absconding case against you if you run away.

8. As much as possible we discourage a migrant worker to file a labor case because this takes a lot of time and effort.

2.2.2.4 Delayed Salary The Saudi laws are equipped with a lot of provisions to protect the migrant workers from delayed salary; yet this problem remains the biggest puzzle to be solved. Employers’ Duties according to the Saudi Labor Laws Article (61): In addition to the duties provided for in this Law and the regulations and decisions issued for its implementation, the employer shall be required to: (1) Refrain from using the worker without pay and shall not, without a judicial instrument, withhold the worker’s wages or any part thereof. The employer shall treat his workers with due respect and refrain from any action or utterances that may infringe upon their dignity and religion. (2) Give the workers the time required to exercise their rights as provided for in this Law without any deductions from their wages against such time. He may regulate the exercise of this right in a manner not detrimental to the work progress. (3) Facilitate for the employees of the competent authorities any task related to the enforcement of the provisions of this Law. Article (62): If the worker reports to work on the prescribed time or expresses his readiness to perform his work at such times but is prevented from doing so only by a cause which is ascribed to the employer, the worker shall be entitled to the wage for the period during which no work is performed.

Among the many labor cases, the delayed salary is the most common problem especially to the migrant workers working for the following:

1. Subcontractors 2. Small Establishments 3. Domestic Works

Subcontractors – they rely mostly on the payments from their clients. In the bidding it is required for a subcontractor to have enough money to sustain their operations which includes the salaries of the workers. However, the migrants working for the subcontractor are always affected if the clients won't pay the sub-contractor on time. The strict implementation of Saudization in some fields had caused the emergence of many sub-contractors in Saudi Arabia. These fields are the following

1. Telecommunications 2. Medical Professions 3. Janitorial Services 4. Secretarial Services 5. Bank Tellers and Accountants

Small Establishments – a small establishment employs a minimal number of skilled workers (not more than 20). Yet, almost 30 percent of the total numbers of migrant workers are employed in these many small establishments. Domestic Works – From the very beginning of this report, it is always clear that migrants working in domestic works are always less protected. It must be suggested to all the migrant receiving countries in the Middle East.

1. Include the domestic workers (family drivers and domestic helper) in their respective labor laws.

2. There must be no distinction between domestic works and skilled works. Resolution for delayed Salaries

1. Write a complaint letter. 2. Gather evidences such as contracts, schedules, pay slips, etc. 3. Translate the letter to Arabic 4. Send one complaint letter to each of the following offices; the Ministry of Labor,

Human Rights Commission, The Governor’s Office (Emara), Your Embassy, your own labor office and NGOs.

5. Always use the phrase “Please investigate and tell our company to comply with the provisions of the Saudi Labor Law.

6. The letter can be anonymous or you may ask a progressive NGO like CMA Philippines to write your complaints to above offices.

7. As much as possible we discourage a migrant worker to file a labor case because this takes a lot of time and effort.

We have always suggested that “as much as possible we discourage a migrant worker to file a labor case.” Filing a labor case is time consuming. Look at the processes that a migrant must go through

1. Saudi Labor Office – Inviting both parties for settlement of labor related disputes 2. If the employer or the worker will not attend after 3 hearing schedules, a

subpoena will then be issued by the police to the party who is not present. 3. Lower Labor Court Hearings – this may take 3 hearings to give both parties the

chance to defend their claims. 4. If the employer or the worker will not attend after 3 hearing schedules, a

subpoena will then be issued by the police to the party who is not present. 5. The Lower Court will issue decision. If one party will not agree with the decision

then that party will be given 30 days to file for an appeal. That appeal will then be submitted to the Higher Court for another hearing.

6. Higher Court Hearings - this may also take several hearings to give both parties the chance to defend their claims.

These processes may take 10 months or more to finish. Many of the migrant workers who filed a labor case against their employers had already stopped working. The worker cannot work in another company because doing so; will lessen his chance of winning his case. The employer will try his best to take advantage of the long processes; knowing that the worker may soon give up. We must suggest to the host government to reform the Labor Disputes Settlement and the Labor Court processes. They must create a mechanism that a worker who is just fighting for his rights will not suffer more. It must also be suggested that if there are obvious violations of the employers then there is no need for the workers to file a case. The abuses of the employer can be categorized into the following:

1. Collective 2. Selective

Collective – the employer or the company abuses majority of their workers. The abuses mentioned earlier mostly belong to collective category Selective – the employer or the company abuses only one worker or selected workers.

Examples of abuses in the Selective Category Verbal Abuse Physical Abuse Illegal Termination Hash Penalties For these types of cases, we give the workers several options to consider

1. To submit a complaint letter addressed to the owner of the Company, the Saudi government agencies, Philippine government agencies or to file a case against his abusive manager or employer.

2. To continue working or to stop working If the worker wants to file a case against his employer, we will inform him about his rights according the Saudi Laws. We will empower him to gather evidences and witnesses to prove his claims. We will also inform him of the processes that he must go through if he has a labor case. We always advise the worker to continue working with his abusive employer even if he already filed a case against his employer (except for illegal termination though). The worker must be advised to seek help from any Saudi Government Agencies, Philippine Government agencies if there is a threat to his life. The employer might harass the worker who files a case against him. The following are the common types of harassment done by an employer against a worker who opted to continue working after filing a case.

1. The worker will be threatened that the employer will call a police to catch the worker.

2. The employer will force the worker to leave the workers accommodation. 3. The employer brags that he is powerful in Saudi Arabia and that the case filed

against him won’t prosper. 4. The employer will bring his worker to a deportation jail or to any place he wants. 5. The employer will not give the salary of the worker. 6. If the worker escapes after the employer’s bullying, the employer then will file the

worker’s name in the police station as a run away.

Rights of the worker according to Saudi Labor Law Article (81): Without prejudice to all of his statutory rights, a worker may leave his job without notice in any of the following cases: (1) If the employer fails to fulfill his essential contractual or statutory obligations towards the worker. (2) If the employer or his representative resorts to fraud at the time of contracting with respect to the work conditions and circumstances. (3) If the employer assigns the worker, without his consent, to perform a work which is essentially different from the work agreed upon and in violation of provisions of Article (60) of this Law. (4) If the employer, a family member or the manager in-charge commits a violent assault or an immoral act against the worker or any of his family members. (5) If the treatment by the employer or the manager in-charge is characterized by cruelty, injustice or insult. (6) If there exists in the workplace a serious hazard threatening the safety or health of the worker, provided that the employer is aware thereof but fails to take measures indicating its removal. (7) If the employer or his representative, through his actions and particularly his unjust treatment or violation of the terms of the contract, has caused the worker to appear as the party terminating the contract. Article (82): An employer may not terminate the worker’s services on account of illness prior to availing him of the period designated for sick leave as provided for in this Law. The worker may request that his sick leave be combined with his annual leave. Reaction to: “Without prejudice to all of his statutory rights, a worker may leave his job without notice in any of the following cases”. That phase is misleading because in reality only the Labor Disputes and Settlement department of the Saudi Ministry of Labor has the right to say if the accusations against and employer are valid or not. If the workers will escape from their abusive employers; who had violated the worker’s rights according Articles 81.1 to 81.7. The employer then will file an absconding case against his worker. So instead of leaving the job without notice; the worker must consult the Saudi labor office first. Once a worker files a case in the Saudi Labor the employer can not file an absconding case against his worker.

What will happen next? The worker has to stay in the kingdom for maybe 10 months or more; without work. Please refer to OFW Eddie Vacalares Case. We better suggest to the host government that for such cases, the worker must be given the permit to work for another employer or company; until his case is finished. 2.2.2.7 Illegal Termination If the reason for termination is contrary to the provisions of the Saudi Labor Law then that is an illegal termination. When can an employer terminate his worker? Article (80): An employer may not terminate the contract without an award, advance notice or indemnity except in the following cases, and provided that he gives the worker a chance to state his reasons for objecting to the termination: (1) If, during or by reason of the work, the worker assaults the employer, the manager in-charge or any of his superiors. (2) If the worker fails to perform his essential obligations arising from the work contract, or to obey legitimate orders, or if, in spite of written warnings, he deliberately fails to observe the instructions related to the safety of work and workers as may be posted by the employer in a prominent place. (3) If it is established that the worker has committed a misconduct or an act infringing on honesty or integrity. (4) If the worker deliberately commits any act or default with the intent to cause material loss to the employer, provided that the latter shall report the incident to the appropriate authorities within twenty-four hours from being aware of such occurrence. (5) If the worker resorts to forgery in order to obtain the job. (6) If the worker is hired on probation. (7) If the worker is absent without valid reason for more than twenty days in one year or for more than ten consecutive days, provided that the dismissal be preceded by a written warning from the employer to the worker if the latter is absent for ten days in the first case and for five days in the second. (8) If the worker unlawfully takes advantage of his position for personal gain. (9) If the worker discloses work- related industrial or commercial secrets. If the reason of terminating a worker is not mentioned in the above provisions then the worker can file a labor case against his employer. The case of Mr. Romeo Carbonel - Illegal Termination OFW Romeo Carbonel is a telecom technician working for ACES Company. He had an occupational accident last 2006. He underwent an operation of his right leg which was

damaged by the said accident. He was treated in a hospital. OFW Carbonel had GOSI membership and a medical health insurance. Even if not yet fully recovered, OFW Carbonel was advised to go back to work. He was assigned as a warehouse employee. Being a telecom technician, OFW Carbonel had to be acquainted with his new assignment in the warehouse. Since OFW Carbonel needed to continue his treatment and therapy; sometimes he had to leave the workplace. OFW Carbonel was terminated from the job for not being effective in his new work and for leaving the workplace. OFW Carbonel filed a labor case against his employer and won. He was allowed to be transferred to a much better company. He was able to get all his monthly salaries from the termination date up to the day when the case was finished. OFW SOS KSA drafted Romeo Carbonel’s letter to Riyadh Governor Prince Salman. OFW Romeo Carbonel also received a 45,000 SR for his GOSI partial disability benefit.

OFW Romeo Carbonel (right) shared his blessings to the distressed Filipinas in Bahay Kalinga Female Shelter. (With Welfare Officer Jimmy Umag and some distressed Filipinas)

2.2.2.8 Hash Penalties Many companies especially those managed by Egyptian, Syrian and Lebanese managers are known to give penalties to their workers even to a very minor offense, even for offences committed outside the workplace. The penalties vary from 5 days to 10 days salary deduction, illegal termination and verbal abuses. These penalties were implemented without warning letters and without giving the worker the chance to defend his side. These are violations according to the Saudi Labor Laws. Article (68): The penalty shall not be made harsher in the event of repeated violation if one hundred eighty days have elapsed since the previous violation was committed, calculated from the date the worker is informed of the penalty for that violation. Article (69): A worker may not be accused of any offense discovered after the elapse of more than thirty days, nor shall he be subjected to a disciplinary penalty after the elapse of more than thirty days from conclusion of the investigation and establishment of the worker’s guilt. Article (70): A worker may not be subjected to disciplinary penalty for an act committed outside the workplace unless such act is related to the job, the employer or the manager in-charge. Nor may a worker be fined for a single violation an amount in excess of a five-day wage, and no more than one penalty shall be applied for the same violation. No more than a five-day wage shall be deducted from his wages in one month in payment of fines, or his suspension from work without pay may not exceed five days a month. Article (71): A disciplinary action may not be imposed on a worker except after notifying him in writing of the allegations, interrogating him, hearing his defense and recording the same in minutes to be kept in his file. The interrogation may be verbal in minor violations the penalty for which does not go beyond a warning or a deduction of a one-day salary. This shall be recorded in minutes. Article (72): The worker shall be notified in writing of the decision of imposing the penalty on him. If he refuses to receive the same or if he is absent, the notice shall be sent to the address shown in his file by registered mail. The worker may object to the decision of imposing the penalty upon him within fifteen days, excluding official holidays, from the date of notifying him of the final decision. The objection shall be filed with the Commission for the Settlement of Labor Disputes which shall be required to issue its decision within thirty days from the date of registering the objection. Article (73): Fines imposed on the workers shall be entered in a special record, showing the worker’s name, his wages, the amount of the fine, reasons and date of the fine. Such fines may not be disposed of except for the benefit of the firm’s workers, upon the Ministry’s approval. Resolution: (Same as other cases mentioned above)

2.3 Termination of Contract Period This is the period when the worker completed his contract. A lot of labor disputes may happen in this period. 1. End of Service Awards 2. Deprivation to repatriate a worker 3. Tickets, Visa, Iqama Problems 4. Replacement Issues 2.3.1 End of Service Awards – According to the Labor Law Article (84): Upon the end of the work relation, the employer shall pay the worker an end-of-service award of a half-month wage for each of the first five years and a one-month wage for each of the following years. The end-of-service award shall be calculated on the basis of the last wage and the worker shall be entitled to an end-of-service award for the portions of the year in proportion to the time spent on the job. Article (85): If the work relation ends due to the worker’s resignation, he shall, in this case, be entitled to one third of the award after a service of not less than two consecutive years and not more than five years, to two thirds if his service is in excess of five successive years but less than ten years and to the full award if his service amounts to ten or more years. Article (86): As an exception to the provision of Article (8) of this Law, it may be agreed that the wage used as a basis for calculating the end-of-service award does not include all or some of the commissions, sales percentages, and similar wage components paid to the worker which are by their nature subject to increase or decrease. Reaction: The end of service awards is a mandatory obligation of the employer. Depriving the worker to get an end of service awards is a very common labor case problem. The employer takes advantage of the situation that the worker chooses to go home than stay and fight for this right. Just think about the case of OFW Marciano Baay and OFW Eddie Vacalares who filed a case against their respective employers for their End of Service Award. They stayed in the Kingdom for almost ten months now. Their cases are still heard in court as of this writing.

Resolution:

Be observant - while the contract is still active, write a complaint letter addressed to the Saudi Government agencies and to the Philippine Government agencies that your employer is not giving the end of service awards to the workers.

2.3.2 Deprivation to repatriate a worker Article (40): (1) An employer shall incur the fees pertaining to recruitment of non-Saudi workers, the fees of the residence permit (Iqama) and work permit together with their renewal and the fines resulting from their delay, as well as the fees pertaining to change of profession, exit and re-entry visas and return tickets to the worker’s home country at the end of the relation between the two parties. Reasons why the employer does not want to repatriate his worker

1. No replacement 2. The employer can not pay the end of service award 3. The worker did not inform the employer his intention not to renew the contract. 4. Iqama, Passport, Visa Problems

Resolution: Sixty days before the end of the contract, the worker must inform the company of his intention not to renew his contract. Send the letter as registered mail so the employer can not deny that he has received your letter. If the employer won’t do his obligations then do the same resolution for the other previous cases. 2.3.3 Plane Tickets, Visa and Iqama and Work permit Problems If the employer failed to get an Iqama for his worker then he will pay for the penalty fees of the years that the worker has no Iqama and Work Permit. If the worker has no Iqama he can’t get a visa. And without visa, a plane ticket is useless. Resolution: Be vigilant; settle the Iqama and Work permit issues before the end of the contract. Do the same resolution as explained the previous cases. 2.3.4 Replacement Issues – is the most common excuse of the employers who hold their workers. This can be suppressed if the worker had sent a registered mail to his employer, 60 days before the end of his contract. The law gives the employer 60 days to look for a replacement.

Assalamu'alaikum Warah Matullahi, Wabarakatuh!

Title: A Case Study on Human Trafficking in Saudi Arabia Drafted by: Joseph Henry B. Espiritu Version: 1.0 Date Started: November 22, 2008 Date Finished: November 27, 2008

Dedication: To fellow OFWs, Young and old, Living or dead, Good and not bad

References: OFW stuck in Saudi deportation facility temporarily freed 10/21/2008 01:19 PM MANILA, Philippines - An overseas Filipino worker (OFW) who has been languishing in a deportation facility in Saudi Arabia has been temporarily released, a group based in Riyadh said on Tuesday. OFW-SOS, a help desk for distressed Filipino workers, said Eddie Vacalares, a former crane operator in the southwestern city of Abha, was initially given temporary liberty for two weeks after a human rights advocate question his case with local authorities. Vacalares has been languishing at the Shumeisy main office of the Jawazat (Passport Department) in the national capital, Riyadh, for more than five months even though he has a pending labor case, OFW-SOS earlier reported. He was released in Abha. As explained by OFW-SOS leader Joseph Espiritu, the Saudi law provides that any expatriate worker should not be held at the deportation facility as long as he or she has a pending labor case. Last Saturday, engineer Abdullah Sabig, a retired colonel of the Royal Saudi Air Force who is current head of the Arab Organization for Human Rights, raised Vacalares’ case with the Jawazat and was told that Vacalares was detained because his employer filed an absconding or disappearance case against him. Sabig said this was unfair given that the OFW was first to file a labor case against his previous employer to claimhis end-of-service benefits (ESB). He has reportedly won the case at the lower court but his employer appealed. Espiritu of OFW-SOS told GMANews.TV through an e-mail that the Filipino worker was given a waraga or paper for his release, which is good for only two weeks. Vacalares now needs a kafil or a guarantor who could be any Saudi or the Philippine Consulate of Jeddah itself, Espiritu said. “Our first option of course must be our consulate though sa mga previous experiences natin ay hindi sila magissue ng kafala or guarantee sa mga Pilipino (Our first option of course must be our consulate though from our previous experiences, they do not issue a kafala or guarantee to Filipinos)," said Espiritu. Founded three years ago, OFW-SOS is a hotline based in the Saudi capital to take calls from overseas Filipino workers in distress. Volunteers either provide guidance or direction to callers or connect them to the Center for Migrant Advocacy (CMA) based in

Manila or to Philippine government agencies concerned. - Kimberly Jane T. Tan, GMANews.TV OFW stuck in Saudi deportation facility despite pending labor case 10/14/2008 03:24 PM MANILA, Philippines - An overseas Filipino worker (OFW) has been languishing in a deportation facility in Riyadh even though he has a pending labor case, a group said on Monday. OFW-SOS and Patnubay.com, a site for OFWs in Saudi Arabia, said Eddie Vacalares, a former crane operator in Jeddah, has been at the Shumeisy Main Office of the Jawazat (Passport Department) for five months now despite having a pending labor case. Under Saudi laws, any expatriate worker should not be held at the deportation facility as long as he has a pending labor case. Shumeisy is the deportation facility where all male undocumented or illegal migrants in Riyadh are placed. The facility can only hold such migrants for a maximum of 45 days to ensure that they have not violated any Saudi laws. “’Di ko nga maintindihan bakit ako nandito dahil may labor case ako (I don’t understand why I’m here since I have a labor case)," Vacalares said in an interview with OFW-SOS. Founded three years ago, OFW-SOS is a hotline based in the Saudi capital to take calls from overseas Filipino workers in distress. Volunteers either provide guidance or direction to callers or connect them to the Center for Migrant Advocacy (CMA) based in Manila or to Philippine government agencies concerned. Vacalares said his labor case was about claiming his end-of-service benefits (ESB) from his previous employer. He has reportedly won the case at the lower court but his employer appealed so he is still waiting for another hearing. In an e-mail to GMANews.TV, OFW-SOS said Vacalares’ iqama or residence permit has expired for one year and five months because he no longer has a sponsor. However, the group said that as long as there’s a pending labor case, even if one’s iqama has expired, that person should not be held at the deportation facility. The OFW told OFW-SOS that Philippine consulate officials promised to visit him after he informed them of his situation. However, he said they never came and could not be contacted since then. “Napagod na rin akong tumawag sa kanila ng nandito na ako sa deportation dahil hindi naman ako nila tinulungan. Natapos ko yong kaso ko na mag-isa (I got tired of calling

them since I’ve been held in deportation because they are not helping me. I even finished my case all by myself)," said Vacalares. “Kung kausap mo sa telepono, parang ang ganda pero walang action. Siguro kung ginawa nila yong pag-assist sa akin na sinabi nila sa aking phone ay hindi ako magkakaganito (When you talk with them by phone, everything sounds good, but there’s no action. Maybe if they’re assisting me the way they say they would on the phone, I wouldn’t be in this situation)," he said. On the other hand, he said the consulate officials did call Shumeisy and told the Saudi officials that he still had a pending labor case. Vacalares said he hopes that the Philippine Consulate and Philippine Overseas Labor Office in Jeddah would serve as his guarantors to release him from the facility. Vacalares’ jobsite was in Jeddah in western Saudi Arabia, but he was brought to Riyadh when his former employer appealed to a higher court in the Saudi capital. “Kung sakaling walang kakayahan sila na ipalabas ako kahit sa Jeddah Deportation na lang ako magstay (If they cannot get Saudi officials to release me, it’s okay if they just let me stay at the Jeddah deportation facility)," he said. - Kimberly Jane T. Tan, GMANews.TV Ailing Filipino in Riyadh Gets Help Via SMS Network Bien Custodio, Arab News RIYADH, 19 November 2006 — Connie Lahoy-Lahoy, an ailing maid who had sought shelter among friends in Riyadh, has been finally reunited with her relatives in the Philippines, thanks to community groups and individuals who helped her. Lahoy-Lahoy took a flight to Manila on Friday night and proceeded to the southern region of Davao, where she comes from. Arab News learned that the woman ran away from her employer a year ago, stayed with some friends, and was able to work in a parlor for a while until she got ill. In September, she tried her luck to seek treatment at a government-run hospital but was not admitted because she did not have an iqama. Fortunately, Lahoy-Lahoy’s plight caught the attention of JUAN, a group formed to “empower” OFWs by providing advice on Saudi labor and workmen law and inform them of their rights as migrant workers. A JUAN representative, who asked not to be named, said he came to know of the case of Lahoy-Lahoy through a text message sent to the OFW SOS hotline, an SMS (text)-based

information system, which provides an on-line connection for overseas Filipinos. By sending a text message to pre-designated Philippine mobile numbers, a distressed OFW could get help. The JUAN representative relayed the information to another group called Dabaw, which then looked for Lahoy-Lahoy and have her transferred, with the help of Attaché Tom Lauzon, to the Bahay Kalinga (BK) on Oct. 17. BK is temporary shelter in Riyadh for runaway Filipino female workers. It is maintained by the Philippine Overseas Labor Office (POLO). Lahoy-Lahoy’s plane ticket was purchased by the POLO from money taken from the two-million-peso donation of Sen. Panfilo Lacson for the repatriation of distressed OFWs. The amount was released by Tulong at Pag-Asa sa OFW Incorporated (TUPA), an organization tasked to administer the disbursement donation. Dabaw President Francisco Sigaya Jr. said TUPA President Rene Zulueta confirmed the release of the amount. Sigaya’s group also raised funds for Lahoy-Lahoy to bring home because she was penniless. “Connie needs urgent medical attention,” Sigaya said. “She needs vitamins, particularly iron, and Ferosac for a twice a week medication.” The JUAN representative also said Lahoy-Lahoy “needs all the necessary assistance because she is very sick since her hemoglobin was down to level 6, and she has no money to buy the medicines.” Enrico Luga and Team Case: Enrico Salgado Luga, Redentor Padua, Ronelo Jaime, Ignacio Holasca Jr., Ben Sangalang, Silbin Pongos are Filipino care designers. They were hired by their employer to build trucks. They arrived in Saudi Arabia last August 30, 2006 with business visit visas that will expire 6 months after that date. These Filipinos were hired as workers and not businessmen. They thought that the employer could change their visit visas to working visas in due time. On Dec. 11, 2007, the authorities raided their workplace and the Filipinos were brought to the deportation jail. This is part of the immigration policies and procedures. These Filipinos are working without work permit, with visit visas and that they should be deported otherwise they will remain undocumented and subject for abuses. But on January 2, 2008 the sponsor took these Filipinos from deportation after paying the penalty of the expired business visit visa. The employer promised the authorities that

these workers will be sent home. However, the workers started working back to the company on January 5, 2008. It is against the Saudi Labor Law for a migrant to work if his visa is a visit visa. They are not protected from any violation according to the Saudi Labor Law they are visit visa holders. Here are the alleged violations done by their employer. 1. They are hired as workers but with visit visas. 2. The workers have no iqama and their visit visas are long expired. 2. Delayed Salary of 5 months 3. Verbal Abuse 4. The workers are currently suffering occupational illness. 5. Working of more than 60 hours per week and even on holidays. These workers came here to work and to earn money; to feed their families in the Philippines. They do not know the result of working with visit visa. The employer who hired them has the power to abuse because he is the sponsor and he knows the laws better. The OFW SOS KSA requested to the authorities that these workers be repatriated otherwise they will continue to be unprotected from abuses. We also requested that the workers should be paid for the delayed salaries or whatever benefits (or protection) that these migrant workers ought to receive according to the Saudi Labor Law. These workers made mistakes in accepting a work with a visit visa in their passport. But their ignorance is too small compared to the sufferings and the abuses that they had received. The workers sought the assistance from our embassy but the latter did nothing. CMA met with the wives of these workers and they drafted a letter to Riyadh Governor Prince Salman. The good governor forwarded their case to the Ministry of Labor which pressured the employer to repatriate the workers; and the delayed salaries must be paid. OFW SOS KSA assisted Luga and team in the negotiation between the workers and their employer (and the visa sponsor who is not the employer). Enrico Luga, Redentor Padua and Ronelo Jaime were repatriated after two months of fighting for their rights. Ignacio Holasco went home first because he was asked by the employer to hire for additional workers. He did not come back to Saudi. Ben Sanggalang and Silbin Ponggos opted to stay with the employer.

Letters From Romy Carbonel (Case Solved) 4 December 2007 HRH Prince Salman Bin Abdulaziz Governor of Riyadh Central Region, Kingdom of Saudi Arabia Hon. Minister Gazi Algosaibi Ministry of Labor Kingdom of Saudi Arabia Subject: Appeal Your Excellency, I, Romeo Carbonell, Filipino expatriate, is respectfully appealing for your benevolence and generosity to intervene in the eventual resolution of my case against my employer. Details are as follows: Employer: Advanced Comm. & Electronic Co. Contact Person: Adnam Manasra Address: Al Arba Street, Riyadh Tel No: 250-0444 Fax No: 250-0333 Facts of the case: 16 September 2006 - I had a vehicular accident going to work. 17 September 2006 - I was admitted at the Dammam General Hospital Surgical Operation, I was discharged on 19 October. 10 January 2007 - I was admitted at the Riyadh Care Hospital for the 2nd surgical operation and was discharged on 30 January 2007 24 April 2007 - The Company's Administrative Officer Mr. Adnan issued a notice of termination with immediate effect, while I my condition was unstable and still undergoing medication. 28 May 2007 - Preliminary hearing was held in the Labor Court 2 December 2007 - Final hearing was held in the Labor Court

Several hearings were scheduled from May to December 2007 but not any representative of my company appeared in court. In the final hearing, I demanded for the following from my employer: - My unpaid salaries from April 2007 to present; - Moral damages. My children dropped out of school because I failed to send them money. During this ordeal, I was able to survive by begging for food and money from my fellow Filipinos and friends; - End-of-Service benefits for 3 years Despite this heartbreaking experience, I would like to believe that the law of the Kingdom of Saudi Arabia will give justice to me, whose rights and welfare are abused by my employer. After the court hearing, our HR Manager Abdullah Fawaz Harara, asked me to report to his office for the settlement of this case. But contrary to what I expected, I was asked to sign accepting the amount of SAR 7,000, an amount equivalent to my three-month salary written in a paper without official letterhead (please check the attached document). Your Excellency, when I refused to sign the letter, Mr. Harara threatened me that he could create problems against me citing his long stay in the Kingdom. And so, he told me that my iqama will not be renewed as soon as it expires and a case will be filed against me as “run-away.” He even gave a 2-day deadline to sign the letter. The employer is responsible for the medication of an injured worker. Terminating an employee who is still under medication indicates that my company is violating the Saudi Labor Law. Your Excellency, I suffered so much pain from this depressing situation. From the time I had the accident, seeking help from friends for my food, fighting for my rights and getting unfair treatment from my employer. Not to mention, my family in the Philippines who had to go through similar sufferings. Your Excellency, at this point, you are the only hope I know could end all my pain. Respectfully Yours, Romeo Carbonell CC: Expatriates Grievances Department, Ministry of Labor Philippine Oversease Labor Office, Philippine Embassy, Riyadh, KSA Advanced Comm. & Electronic Co.

Letters From ____ Employees Dear Sir: We are contractual employees of King Faisal Specialist and Research Center employed by ____ CONTRACTING EST. – Riyadh, KSA. With more than sixty (60) newly hired people, we were recruited by SAUDI PLACEMENT AGENCY – Leon Guinto, Malate, Manila, Philippines. We started our work last June and we are getting a basic salary of SR 600.00 plus SR 200.00 as food allowance as per agreed in our contract. Saudi Placement Agency promised and convinced us that we will have overtime work that is why we signed the contract. Aside from this, we were also promised that we will be given a good and decent Housing / Lodging facilities. Unfortunately this did not happen because we are living in a very unsanitary place like we are prisoners, polluted water, no washing machines, no water heaters (the cold season is coming already), very unsanitary showers & comfort rooms and even these facilities are not enough for all of us living in these place. Even the transportation provided to us in going to and from work is overcrowded.

We paid Saudi Placement Agency a cash amount of PHP 14,000.00 as Placement Fee in return they issued a receipt and another PHP 7,500.00 as Processing Fee without a receipt. Saudi Placement Agency also required us to sign for a Promissory Note as Salary Deduction for a balance (?) in our Placement Fee amounting to SR 1,000.00. This deduction will be for 10 months, so our net pay is SR 700.00 including our food allowance. We were deceived by the agency that deployed us here in the kingdom. As we are experiencing now, The food allowance of SR 200.00 per month is not even enough for us to survive for one month so we are forced to add some more budget for our food allowance from our basic salary to meet our basic needs here in the kingdom. The net balance from our monthly pay is not even enough for our families in the Philippines to meet their basic needs and instead for us giving them a hope for a brighter future, we are now facing a disaster. You are also a Filipino and you very know the conditions of our country. We were hoping that they will give us an overtime work to compensate for the situation we are in now but to no avail. We are already suffering on our present conditions and so are our families. We never dreamt that this will be the outcome of our venture in seeking a good job here abroad. We have nobody to turn to but to seek help from our government on behalf of your office and we truly believe that you can help us. ___ EMPLOYEES

To: HRH Prince Mohammad bin Fahd bin Abdul Aziz Governor of the Eastern Province Date: Subject: Request for Assistance Your Royal Highness, I am Marciano Baay, a Filipino national working at International Airport Project (IAP) since July 25, 1998. I submitted my letter for end of contract last January, 9 2008 which then took effect on May 1, 2008. Your Royal Highness, My wife's health condition the reason why resigned. I have to go home and take care of her. Your Royal Highness, our company is known to give the benefits too late which sometimes took 1 year to wait. Many of my collegues who resigned before had to wait for several months to get their benefits. Your Royal Highness, I am asking for your kind assistance to expedite the release of my end of service benefits. My wife and my family need me. You are my only hope because you are fair and just regardless of race, creed or nationality. Here is the Contact Information of My Company Contact Person: Telephone Number: Fax Number Respectfully yours, Marciano Baay Employee Number Iqama Number Mobile Number