Other requirements from the reform include a mandatory pre-departure orientation seminar (PDOS) along
with mandatory cultural and language training (CPDEP) and a skills assessment and competency
certification by TESDA. Research has demonstrated that HSWs have obtained certificates of completion
sometimes without even undergoing the course.50 HSWs are coached through the test process by
recruitment agencies and simply memorize the motions. Even for those who have completed the training,
there is a question on the level of effectiveness of the training. While there are requirements in place for
domestic workers to complete before leaving the country, the completion of these requirements does not
equal proficiency in skill or knowledge.51
Issues on-site pertain to the treatment and handling of cases for domestic workers. In early 2013, the sex
for flight (SFF) scandal exposed rights and gender based violations against female migrant workers by
employees of the Department of Foreign Affairs (DFA) and by the Department of Labor and Employment
(DOLE). Distressed domestic workers in the Middle East and GCC were offered repatriation back to the
Philippines in exchange for sexual favours. Three government personnel were accused of various abuses
including sexual harassment, covering up the rape of a migrant worker, the use of vulgar language, and
viewing pornographic materials on a work computer. In spite of the scandal and proceedings, the
government employees only received short suspensions.52
This issue highlights the exploitation of female migrant workers by government personnel when they are
in an already vulnerable state, and further highlights the lack of gender sensitivity when helping female
migrant workers in distress. There has been an effort to equip Post personnel with gender sensitivity
training and more female staff, however having undergone training, or being a female, does not equate to
an individual to being gender sensitive.
Access to justice continues to be a major challenge for female migrant workers. There are a number of
factors that influence this.
Recruitment companies are required to keep a minimum amount of one million pesos in an escrow
account. This way the government ensures that the recruitment agency has money to pay migrant workers
who have been wronged and have made a claim for compensation. Yet, if many claims are made against
an agency then the one million pesos may not be enough to cover all claims. Moreover, if agencies do not
replenish their escrow accounts their licenses are cancelled to avoid the further exploitation of migrant
workers. Some agencies will choose not to replenish the funds in their escrow account, and instead lose
their license, all so they can avoid paying out money claims. 53
Some domestic workers that have been subject to sexual harassment, violence, or rape abroad, run away
to escape their situation. As such, it is the recruitment agency’s responsibility to provide airfare home.
Agencies have pressured domestic workers into signing a quitclaim excusing the agency of further
monetary liability by compelling them to sign the quitclaim before they will be provided with airfare.
Once a quitclaim is signed, the agency is absolved of liability and the OFW is prevented from pursuing
money claims and other claims.54
50
Center for Migrant Advocacy, “HSW Policy Reform Assessment,” p.16, June 2015,
https://centerformigrantadvocacy.files.wordpress.com/2015/08/hsw-policy-reform-assess-final-version-aug-9.pdf
51
Ibid, p.13.
52
Center for Migrant Advocacy, “The feminization of migration,” p.5-7, September 2014,
https://centerformigrantadvocacy.files.wordpress.com/2014/04/feminization-of-migration-v-1-0-021315.pdf
53
Center for Migrant Advocacy, “Filipinos access to justice: What stands in the way and what can be done?,” p.910 (To be published soon)
54
Ibid, p.10-11.
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