Legal Assistance for Overseas Filipino Workers (OFWs) in KSA

PROJECT PROPOSAL

Proposed Program:

Legal Assistance for Overseas Filipino Workers (OFWs) in KSA

Action Needed: To hire Saudi Lawyers to properly represent or defend OFWs during court hearings

Coverage: Kingdomwide ( Kingdom of Saudi Arabia )

Possible Sources of Funds

· $5.00 / contract to be taken from the $25 OWWA contribution

Background

There are approximately 1.2 million OFWs working in the Kingdom of Saudi Arabia. Every OFW is required to pay an OWWA membership contribution of $25 (SR94/P1150) every contract (some OFWs have yearly contract while others have every two years). This is some kind of insurance where in the OFW is entitled to P200,000 for accidental death or P100, 000 if death is due to illness, and P20,000 burial fee.

Another $22 (SR85/P1000) contribution is being paid for PhilHealth as medical insurance to cover part of hospitalization expenses of an OFW and his/her dependents. This is also mandatory and the payment is yearly. If the OFW is on 2 years contract, he/she can ask any relative to pay the fee in any Philhealth office in the Philippines during his/her absence.

Mostly domestic helpers (housemaid, family drivers) have experience labor problems from their employers of unpaid or delayed salary, physical or sexual abuse and other forms of maltreatment.

Lately due to the new system of sub-contractual basis of employments, the original contracts are substituted upon arrival in the KSA by which the salary is being reduced by nearly one-half.

Due to this predicament, many of these maltreated OFWs escape from their employers and seek shelter in the Embassy’s or Consulate’s OWWA Filipino Resource Center. This sector of OFWs comprises the bigger percentage of the most abused sector and a chronic headache to our Embassy and Consulate and to the POLO/OWWA.

Despite the huge amount of money being collected from these two sources, POLO/OWWA still hesitates to hire Saudi lawyers to defend an OFW during court hearings because of the possible big amount of attorney’s fee it will pay. This is quite revolting because parts of OWWA funds are being used to invest in other businesses that do not benefit OFWs. Even some Philhealth funds are allegedly used by politicians’ campaign fund.

We have Filipino lawyers in our Embassy and Consulates but they function as conciliators and are not permitted to practice as lawyers to defend OFW’s in court due to language barrier and unfamiliarity with Sharia law. Only an interpreter is sent to accompany the OFW during court hearings and their job is only to translate (explain in English or Tagalog) what is being discussed in court. This is the reason why many OFWs lose in their complaint against the employer and some who are accused of even imaginary crimes are convicted because of the lack of legal defense.

In this context, the idea of hiring a Saudi Law firm comes into picture. This idea has been suggested by a Saudi lawyer long time ago but it did not materialize because of lack of funds and it will be additional burden on the OFWs who have already spent a lot before going abroad. Even the government did not bite the idea because of the huge amount it might entail.

Solution

As they say, we do not need to re-invent the wheel. I have already discussed this matter to a Saudi lawyer who is presently defending an OFW who is accused of breach of contract by a Saudi businessman. He has a soft heart for Filipinos because he used to work in an Islamic charity foundation in Asia and he is willing to help us in coordination with the Embassy and Consulate/POLO/OWWA because he can compel his fellow Saudis to attend in court hearings, unlike our DFA/Labor personnel here that are usually snubbed despite the repeated summons they are sending to these employers.

Now, the idea is to deduct $5.00 from OFW’s OWWA contribution($25) and make a contract with a Saudi law firm. The amount that will be collected is to be paid to that firm who will in turn represent the OFW in all court litigations. This law firm can also be a Consultant /in-charge of PDOS given to OFWs before they are deployed overseas because of its familiarity with the local customs and traditions. With the amount of money that can be collected, it can be arranged that this law firm would also arrange to pay for the least amount of “blood money” if required and not our government as it has done in the past cases. This means no additional expenses from either the OFW or the Philippine government but with additional benefits to both.

This law firm will not replace the function of ANS, POLO and OWWA but would rather cooperate, complement and coordinate with these agencies to reduce if not fully eradicate OFW problems that result to big number of distressed OFWs being housed inside the Embassies and Consulates and more TNTs roaming around the Kingdom. Can you imagine that these are the “Bagong Bayani’ that keep the Philippine economy afloat through its $17,000,000,000.00 (Php 782 billion) a year remittances!

OTHER PROPOSAL:

OFW hospital:

This has been the “impossible dream” of the OFWs for several decades now.

The hospital will be funded by OWWA contributions and should be under OWWA administration but should be managed and staffed by mostly ex-OFWs to serve OFW dependents and OFWs who have gone home for good and not possible to apply for a job in hospital due to age factor and stiff competition with younger applicants.

Services:

Hospitalization of OFW dependents and former OFWs to be paid partially by Philhealth.

Pre-employment medical check-up for those applying for a job abroad can also be done there.

Nursing and other paramedical graduates who can not find jobs and are paying some hospitals to let them work just to get experience can be employed in the OFW hospital without salary but with some forms of allowance to give them the chance because personnel who are hired without experience are exploited by foreign employers by paying them low salary that they are forced to accept because of the need to work and earn money immediately.

This hospital can also be used as an affiliation of Medical schools and including those offering courses such as nursing, radiologic technology and medical or laboratory technology.

This hospital must be equipped with modern facilities so ex-OFWs or dependents from far away provinces could be treated here if facilities are not available in their areas.

Another Option:

Being an OFW for 30 years as a CT Scan and MRI supervisor and a former Chairman of OFW Cooperative Council (OFWCC) (2008) and currently Chairman again for 2011, I propose the formation of an OFW Cooperative Hospital that will be owned and funded by OFWs’ and former OFWs’ contribution as cooperative member. OFWCC is a federation of Cooperatives in Jeddah that was given accreditation by Cooperative Development Authority (CDA) in Manila to propagate Cooperatives here in Jeddah and other parts of Saudi Arabia by conducting Pre-Membership Education Seminar (PMES).

This gives OFWs the opportunity to invest their hard-earned money in a sure and viable business.

Second hand but refurbished equipments such as Laboratory, X-ray, CT Scan and even MRI machines can be supplied and serviced by OFWs or former OFWs(engineers) to minimize expenses.

Prepared by:

FORTUNATO (Atoy) L. ESGUERRA

MRI Supervisor, Dr. Erfan & Bagedo Gen. Hospital

Jeddah, KSA

President (2000), Batangas Brotherhood International, Jeddah, KSA

Chairman (2008 and 2011)) OFW Cooperative Council, Jeddah, KSA

If I may add:

Can we not request the government a portion of the Veteran's Memorial Medical Center to be the OFW Hospital? Veteran's Hospital is serving the Heroes of the World War 2 and aother heroes in the Military, Why not give us the "Modern Day Heores" a portion of the that heroes' hospital?