{"id":8919,"date":"2013-04-05T21:07:41","date_gmt":"2013-04-05T18:07:41","guid":{"rendered":"http:\/\/patnubay.org\/?p=8919"},"modified":"2019-06-24T01:58:53","modified_gmt":"2019-06-23T22:58:53","slug":"patnubays-opinion-on-the-said-crackdown-sa-saudi-arabia","status":"publish","type":"post","link":"https:\/\/patnubay.org\/?p=8919","title":{"rendered":"Patnubay’s opinion on the said CRACKDOWN sa Saudi Arabia"},"content":{"rendered":"

Patnubay\u2019s opinion on the said CRACKDOWN sa Saudi Arabia<\/b><\/p>\n

Team, maari nyong gamitin sa inyong mga statements ang mga nakasulat sa baba.. or maari nyong i-share ang lahat statements sa baba but please make proofreading muna sa grammar and typos\u2026 <\/span><\/p>\n

Pasensyahan nyo na po at minadali ito at wala na akong panahon para magreview nito dahil nasa biyahe po tayo habang ginagawa natin ito.. ito ay para may makukuha kayo ng mga impormasyon tungkol sa issue na ito.. \u00a0\u00a0\u2013 by Tas Espiritu<\/span><\/p>\n

Absconding<\/b><\/p>\n

As per Saudi Immigration Law, absconding is a criminal offense and is punishable by 6 months jail terms or 2 thousand Riyals penalty and deportation. It is an obligation of the employer or company to file a report in the nearest police station, about the absconding worker within 24 hours.<\/span><\/p>\n

Likewise, harboring and transporting (riding a vehicle with) an absconder is also a criminal offense and is punishable by 6 months jail terms and 10 thousand Saudi riyals penalty per person (absconder) and deportation.<\/span><\/p>\n

As per Saudi labor law, it is illegal for an employer or company to employ an absconder.Most of these undocumented workers were the ones who abscond from their sponsors (original employer).<\/span><\/p>\n

The reasons for the delay of repatriation or deportation of an absconding worker are the following:<\/span><\/p>\n

    \n
  1. it is hard to convince the employer to issue the NOC (No Objection Certificate) which is one requirement of the jawasat before issuing an exit visa. <\/span><\/li>\n
  2. Deportation Fees\/fines such as the payments to clear absconding records, for the non-renewed iqama, the fees for medical insurance which is now a requirement in renewing an iqama, budget for the plane ticket <\/span><\/li>\n
  3. verification if the worker has no police records. This takes a long time specially if the worker\u2019s original location is not the same place where he was caught by the authorities.<\/span><\/li>\n<\/ol>\n

    Note: point number 2 is only required for those workers who have referrals from the Saudi Governor\u2019s Office or from the Philippine embassy; and want to be deported without going to deportation jail. Those who are caught by the authorities and detained in deportation jail will not be asked to pay for the penalties but may take longer time to repatriate.<\/span><\/p>\n

    Freelance visa<\/b><\/p>\n

    There is no such term as a freelance visa.. yet the word freelancer is a popular term used by those migrant workers who purchase their visas from saudi sponsors, for the expat to work for his own or for another employer. <\/span><\/p>\n

    This is illegal because as per the saudi labor law, a migrant worker must only work for his \/ her sponsor. \u00a0The sponsor and the migrant worker or the the company or an individual who employ these so called freelancers commit violations against the saudi labor law.<\/span><\/p>\n

    Many of these sponsors who sell visas don’t have a company of their own. they only sell these visas and will renew their yearly iqama fees for a corresponding amount that must be paid by the migrant workers. These visa \u00a0sponsors also ask for yearly fees from the migrant workers who call themselves freelancers.<\/span><\/p>\n

    Most of these so called freelancers do not work for other sponsors but they owned businesses\u2026 The punishment for employing or for working to an employer who is not sponsor is 10 thousand saudi riyals and deportation of the worker.<\/span><\/p>\n

    Some distressed workers who became undocumented belong to these so called freelancers. Their problems started when their sponsors did not renew the iqama of the workers or had filed an absconding case against the worker.. \u00a0\u00a0or the sponsor and the worker are not in good relationship anymore .. or the sponsor are already caught by the authorities kaya hindi na sya makarenew ng iqama ng worker.. or those freelancers who do not have direct contact with their sponsors but through another person as bridge\u2026 \u00a0<\/span><\/p>\n

    Dependent visas<\/b><\/p>\n

    It is a privilege of some expatriate workers to bring their families to Saudi Arabia using dependent visa. Many dependents are working even if It is clear in the Saudi labor law and the immigration law that it is illegal for the dependents to work for any employer or company. They dont have a working visa and \u00a0their sponsors are their spouses and a company or an employer.<\/span><\/p>\n

    The punishment for this offense is 10 thousand Saudi riyal penalty to those companies or employer who employed the expatriate or the spouse (direct sponsor) plus deportation of the spouse and his whole family.<\/span><\/p>\n

    Hiring and Contract violations<\/b><\/p>\n

    Unlike the first three problems above, some workers were already victims of abuses when they were hired in their countries.. They were deceived and had signed a contract for an employer or company that is not their sponsor (visa). They would become victims of contract substitution because they would be forced to sign another contract once they arrive in Saudi Arabia. The \u00a0original contract that was signed in the Philippines were useless since the employer\u2019s name or the company name in the contract is not the real one.. <\/span><\/p>\n

    Another contract violation during hiring and contracting.. are for employers or companies who want to hire workers but cant provide working visas. <\/span><\/p>\n

    Then, our POLO did not properly verify the \u00a0employment visas and contracts, or the agency used a \u00a0reprocessed contract, or the POEA did not review contract and visa carefully before OEC issuance and the immigration officer at the airport allowed the worker to leave our country.<\/span><\/p>\n

    Rights are not protected.<\/b><\/p>\n

    \u2013 The rights of the absconders against labor abuses are not protected.. They are always subject to abuses because these workers cannot file \u00a0labor cases against their employers who are not their sponsors. The workers are also not protected by the <\/span>cooperative health insurance law<\/span><\/a> and the <\/span>\u00a0social insurance law.<\/span><\/a><\/p>\n

    Crackdown ?<\/b><\/p>\n

    Last february, the Saudi Labor Minister Adel al Fakieh, issued a statement that undocumented workers or absconders can leave the kingdom without paying the penalty. Many migrant workers had inquired with their embassies and consulates because they wanted to be repatriated. It turned out that the statement was just a proposal by the minister. \u00a0The decision must not come only from the ministry of labor but the ministry of interior and the jawasat also. <\/span><\/p>\n

    The iqama fee \/ fine is not the main problems for repatriating an undocumented worker but the No Objection Letter from the employer\u2026 <\/span><\/p>\n

    One thing is clear here there are many workers who want to go home\u2026 (Note: \u00a0Ang No Objection Letter also known as NOC ay letter ng employer na nagpahiwatig na wala syang pagtutol sa pagparepatriate ng worker. Iba ito sa NOC noon para sa lahat ng migrants documented man or hindi. Noon kasi, sa wala pa yong 2005 version Saudi Labor Law, hindi makakabalik ang isang migrant worker kung wala syang NOC galing kanyang dating sponsor na nagpahiwatig na wala itong pagtutol kung babalik ito at magtrabaho ulit \u00a0sa Saudi)<\/span><\/p>\n

    Last week, it was mentioned in the news that there would be a crackdown of undocumented migrant workers. To us it is not a crackdown but a strong implementation of the law.. Mayroon namang hulihan na nangyari even before.. kaya nga palaging may laman ang ang mga deportation jails at puno ang mga ito. <\/span><\/p>\n

    It is also not true yong report na hindi pwedeng mabisita ang deportation jails, dahil tayo sa patnubay ay palaging bumibisit naman doon sa mga kaso natin para magdala ng pera at kumot or damit sa kaso natin na nakakulong sa deportation.<\/span><\/p>\n

    Why this strong implementation of getting rid of undocumented workers? <\/b><\/p>\n

    The answer is Nitaqat (Saudization).. since 2011 seryoso si minister al fakieh and the Saudi government sa nitaqat.. seryoso sya sa tamang percentage ng number of saudi workers versus sa number of migrant workers sa isang company or employer,,. \u00a0<\/span><\/p>\n

    Ang problema, hindi maachieve ang tamang percentage at hindi maging successful ang nitaqat kung may mga undocumented workers (absconders, freelancers at workers with dependent visa) na nagtratrabaho sa mga companies and employers.. Yan yong main reason.. <\/span><\/p>\n

    This is not a crackdown kundi pinaigting at pinabilis lang ang pag-implement ng batas.. and this is a good news doon sa mga matatagal na na takas na gusto ng umuwi.<\/span><\/p>\n

    Kung inyong matatandaan noong nag-issue si Minister al Fakieh tungkol sa pagpauwi ng mga undocumented napakaraming mga interesado na mag-avail nito\u2026 Pero nang lumabas yong balita ng crackdown, marami naman ang nagrireklamo at humingi ng tulong.. dito maiintindihan natin na hati ang mga undocumented workers, may gustong umuwi at mayroong ayaw pa at gustong pang magtrbaho as undocumented.<\/span><\/p>\n

    Pero sa part ng Saudi arabia, this is their country and they have to implement the law kung sino ang kanilang mahuhuli na nagviolate ng batas at pauwiin ang mga undocumented,, gusto man ng worker or hindi man nya gusto na umuwi.<\/span><\/p>\n

    Reactions<\/b><\/p>\n

    On Fri, Apr 5, 2013 at 2:59 AM, USec Seguis wrote:<\/span><\/p>\n

    Joseph, I suggest you fine tune this very helpful advisory and post it in FB. Thanks.<\/span><\/p>\n

    Sent from my BlackBerry\u00ae wireless handheld<\/span><\/p>\n

    On Fri, Apr 5, 2013 at 3:02 AM, Joseph Henry B. Espiritu \u00a0wrote:<\/span><\/p>\n

    dear usec.. yes sir pagdating ko ng leyte, nasa biyahe lang ako ngayon at mahina ang signal po..<\/span><\/p>\n

    From: <\/span>Joseph Henry B. Espiritu<\/b><\/p>\n

    Date: Fri, Apr 5, 2013 at 3:29 AM<\/span><\/p>\n

    Subject: Re: Discreet: Patnubay\u2019s opinion on CRACKDOWN<\/span><\/p>\n

    To: Loreto Soriano<\/span><\/p>\n

    dear ka lito,<\/span><\/p>\n

    nope, it should not be like that because an employer can not file an absconding case against a worker if \u00a0nasa red or yellow sila..<\/span><\/p>\n

    in fact we have many cases na expired ang iqama dahil hindi marenew at hindi mapaexit ang workers ng employer.. \u00a0and we handled their case because our polo does not know the processes\u2026. napauwi naman natin ng maayos.. sa pamagitan ng pagpaliwanag both sa employer at workers sa proceso..<\/span><\/p>\n

    may proceso po na medyo mahaba dahil mawala ng access sa sadad system ang employer para magfile ng exit visa.. kaya legworking lahat.. at kailangan may clearance sa saudi labor office or ministry of labor, then babayaran lahat ng penalties as cheque (not thru bank) dahil wala ng sadad account agn employer.<\/span><\/p>\n

    noon pa man sinisigaw na natin ang mga magiging implication ng nitaqat. yet walang naniniwala sa atin from our government,\u2026<\/span><\/p>\n

    here are some videos<\/span><\/p>\n