DOLE eyes partial lifting of deployment ban to Kuwait

FILE: Department of Labor and Employment Secretary Silvestre Bello III during a press conference on Thursday (Sept. 27, 2018), which is held at the DOLE main office in Intramuros, Manila.(PNA photo by Gil Calinga)

MANILA — The Department of Labor and Employment (DOLE) is considering the partial lifting of the ban on the deployment of Filipino workers to Kuwait following a meeting between the Philippine labor delegation and Kuwaiti officials.

Labor Secretary Silvestre Bello III said the decision to lift the ban will depend on the Kuwaiti government’s action on the cases of the overseas Filipino workers (OFWs), including Jeanelyn Villavende’s case.

“We have to be contended kung sino yung (who is the) accused. Who have been charged and what is the nature of the charges. Eh kung ang kaso lang ay (If the case is only) homicide, I will not be satisfied by that after seeing the autopsy of… There should be sexual abuse,” Bello said in an interview on Wednesday.

Bello said the hearing of Villavende’s case was held on Wednesday in Kuwait.

“I should know anytime by now the charges which have been filed. Although they told us it was murder. But I don’t think I will be contended with murder.

It should be murder with rape or homicide with rape. And who are the accused,” he said.

He said he will recommend to the Philippine Overseas Employment Administration (POEA) Governing Board the possible partial lifting after the Kuwaiti government has agreed to sign an agreement on the standard employment contract for Filipino household service workers.

The board is set to meet on Thursday.

“If you recall I imposed two conditions: the consensus on the harmonized standardized employment contract plus justice for Ms. Jeanelyn Villevende. These two must be met for us to consider the lifting. Although I am inclined to discuss the possibility of a partial lifting,” he said.

If the ban will be lifted temporarily, Bello said it will not include the household service workers (HSWs).

“Well I am considering recommending to the board the lifting of the ban with respect to semi-skilled, skilled workers, and professionals. And probably, I have not decided on that yet, probably ‘yung balik manggagawa (returning workers). It will not include newly hires,” he said.

Last February 3, Bello, Undersecretary Claro Arellano, Overseas Workers Welfare Administration (OWWA) head Hans Leo Cacdac, and POEA chief Bernard Olalia met with Kuwaiti officials and signed a standard employment contract to ensure the welfare and protection of OFWs in the gulf state.

The salient provisions of the document include prohibition for employers to keep any of the worker’s personal identity documents such as passport, and the entitlement of a worker to own a phone and use it outside the working hours provided that she keeps the secrets and privacy of the household, and use such phone in a manner consistent with public morals.

The OFWs are also entitled to a paid full day per week break and must not work for more than 12 hours a day.

The worker should be allowed to have no less than an hour break after five consecutive hours of work, and the right to at least eight hours of consecutive night rest.

Employers are also prohibited to assign a domestic worker to work outside of the State of Kuwait or be transferred to another employer without the OFWs’ written consent. If this occurs without the agreement of the worker, the worker will be returned to the Philippines at the expense of the employer.

The employer should ensure the OFWs adequate life and is obliged to provide the medical treatment and nursing by registering her in the health system applicable in Kuwait.

Early last month, the DOLE imposed a total deployment ban due to the alleged attempt of the Kuwaiti government to cover-up the cause of Villavende’s death.