Tuesday, September 30, 2008 23 Cebuano OFWs need plane fare back home; agency ‘delays’ action
THE 23 Cebuanos detained in Trinidad and Tobago have been given the chance to come home without being charged for possessing fake documents. But they are not rejoicing yet.
The detained workers don’t have money for their fare back home, and the Trinidad government wants them to leave the island “as soon as possible.”
Yesterday, the 23 overseas Filipino workers’ (OFWs) relatives demanded that the group’s recruitment agency pay for their $2,000-plane fare home.
Be Glad Worldwide Placement Agency (BGWPA) legal officer Antonio Cabreros said, though, that the company still has to discuss the matter.
Cabreros is in Manila so he could go to the embassy today and arrange a trip to Trinidad.
In a phone interview yesterday, lawyer Felipe Landicho, who is assisting the OFWs’ relatives, said that Trinidad consul Dr. Marie Francisca Magno Advani had negotiated with the Trinidad government regarding the workers’ plight.
Trinidad authorities gave the detained OFWs a chance to come home, as long as they would pay for their own airfare.
But as of late yesterday afternoon, it was still not clear how much time the workers had.
“The families are now in distress because consul Advani sent another e-mail saying that the agreement with the Trinidad government might expire. The OFWs have to be repatriated at once,” Landicho said in a text message sent to Sun.Star Cebu.
If they do not leave soon, the Trinidad government will file charges against them, leading to a more complicated situation, Landicho explained.
But Mandaue City Vice Mayor Carlo Fortuna, who chairs City Council Committee on Labor, said he also learned from Philippine Overseas Employment Administration (POEA) lawyer Janet Abellanosa that the Philippine Overseas Labor Office (Polo) will first investigate the incident to determine violation committed by the employer or the workers before the POEA will recommend the repatriation of the workers.
Fortuna is already coordinating with Labor Attache Florenda Herrera, the wife of Bohol Vice Gov. Julius Herrera, who is with the Polo based in Washington USA.
He also cited Section 53 of Republic Act (RA) 8042 or Migrant Workers and Overseas Filipino Act, which mandates the principal or agency to shoulder the cost of the
plane fare for the repatriation of the workers “without a prior determination of the cause of the termination of the workers employment.”
The same section states that the principal or agency may recover the cost of repatriation from the worker if the termination of employment is the worker’s fault.
Section 55 of the said Act also states that if the employment agency fails to provide an airfare ticket within 48 hours, the POEA will suspend license of the agency.
Overseas Workers Welfare Administration (Owwa) 7 Director Wilfreda Misterio also said earlier that the employer and the recruitment agency are jointly and separately responsible for the detained OFWs composed of 22 construction workers and electricians, and engineer Jacqueline Fortuna, who is the only female in the group.
They, along with 16 others, left the country last June for South American country Trinidad and Tobago. All were contract workers of Tobago-based Multitask Maintenance Co. Ltd. through recruiter BGWPA, which is registered with the POEA.
Except for one, all the 22 workers were registered with the Owwa (contrary to an earlier report).
Jacqueline’s sister, Marisol, who spoke with consul Advani, said the official confirmed that the OFWs did not commit any violation and were “victims.”
BGWPA claims, though, that the 23 broke away from Multitask and sailed to Trinidad for a new employer. It was the new employer who allegedly placed fake stamps on
the workers’ passports.
BGWPA denied the workers’ claims that Multitask failed to give them salaries, food supply, water and electricity.
Yesterday afternoon, the agency’s recruitment officer Jessa Paran also denied receiving any plea or demand to shoulder the OFWs’ airfare back home.
Marisol confirmed, though, that Landicho personally delivered a demand letter to the agency at 10 a.m. yesterday.
“Kung tinud-anay ang Be Glad nga mutabang sa 23 ka OFW, then this is the right move to do—to bring the 23 safely back home,” Marisol said.
Marisol and Landicho confirmed that the 23 went to Trinidad to work under a new employer. They did not know the new employer’s name though.
BGWPA stressed that the 23 had “genuine work permits” issued by the Ministry of National Security of Trinidad and Tobago Republic but for employment in Tobago island only.
Meanwhile, POEA 7 Director Evelia Durato said they are waiting for the investigation report on the incident to determine if Cebu City-based BGWPA has violated any law and will be sanctioned.
Casimiro Madarang III, immigration chief at the Mactan-Cebu International Airport, confirmed that the OFWs left Cebu a few months ago and were issued Overseas Employment Certificates (OECs), which meant they were only required to present one-way tickets. (KAB/OCP/EOB)
