17/08/2020
OFWS facing wage theft as Covid-19 pandemic rages
(MFA), of which CMA Philippines Inc. is a member, together with Lawyers
Beyond
Borders
(LBB), Cross Regional Center for Refugees and Migrants
Monday, August
17, 2020
(CCRM), South Asian Regional Trade Union Council (SARTUC), ASEAN
BUSINESSCouncil
FINANCE
TECHNOLOGY Solidarity
LIFESTYLE Center,
SPORTS POLITICS
Services Employees NEWS
Trade Union
(ASETUC) and
have launched a global campaign for the immediate establishment of a
Transitional Justice Mechanism to address wage theft cases of repatriated
migrant workers. This transitional justice mechanism hopes to respond to
the volumes of wage theft cases and other related claims by migrant
workers against their employers. The proponents call on governments and
UN agencies to establish a justice system that addresses the following areas :
secondhand smoke?
What seniors can expect in
post-Covid vaccine world
ENTERTAINMENT
Establish an International Claims Commission – An International Claims
Commission must be set up as a specialized international quasi-legal body
to adjudicate on claims of migrant workers on an expedited basis in cases
related to wage theft and other outstanding claims and to provide equitable
remedies. Cases could be received directly from migrants themselves or
through entities providing support or legal representation to migrants. All
pre-existing case documentations should be referred to this Claims
Commission for resolution.
ADVERTISEMENT
Compensation Fund – A Compensation Fund should be set up at the global
and national levels to accompany the work of the Claims Commission and
act as its executive branch, dispensing appropriate compensation in cases
determined as wage theft. Funds must be set up at the national level, and
contributions to them could be ensured by the government, private
contributions, business and philanthropic foundations.
Reforming National Justice System – National and global claims
commissions and compensation funds are no substitutes for fair and
functioning justice systems at the national level. Availment of remedies
under the transitional justice mechanism is not exclusive and without
prejudice to the availment of more favorable legal remedies available
under the existing national justice systems.
It will be noted that under RA 8042 provision on joint and several liability
between the local recruitment agency and the foreign employer, repatriated
OFWs whose deployment overseas was coursed through private
recruitment agencies, may file money claims for wage theft cases and
related issues before the National Labor Relations Commission (NLRC)[4]
with their recruitment agencies as the respondents. Unfortunately, for those
without recruitment agencies, legal redress is only available in the country
of destination where their employers are located.
“Each year, millions of dollars are lost in potential remittances due to wage
theft, even as countries of origin continue to explore new markets for
deployment of migrant workers while countries of destinations thrive on
cheap and exploitable migrant labour (Migrant Forum in Asia).”
The Covid-19 pandemic continues to impact adversely on the lives of
https://usa.inquirer.net/57691/ofws-facing-wage-theft-as-covid-19-pandemic-rages
3/7