Benefits included in the BLA:
• One day off per week
• Minimum eight hours rest daily
• No salary deductions based on hiring costs
• Guaranteed $400 USD salary
• Opening of bank accounts under the name of the worker by the employer to monitor salaries
• Complaint mechanism: 24-hour hotline for dispute resolution32 33
3.3 CSO Critique
While the bilateral agreement for HSW with the KSA puts forth important provisions, the implementing
guidelines and monitoring mechanisms of the bilateral agreement have yet to be fully developed and
implemented. In order for the BLA to better protect the vulnerabilities of HSWs detailed guidelines must
be put in place that specifically details the provisions of the agreement, such as when bank accounts must
be opened, how they will be opened, and how payments will be monitored. These must be jointly
determined, jointly implemented, and jointly monitored by both the Philippines and the KSA.34
A 2014 online survey on Facebook or migrant domestic workers in Saudi Arabia conducted by the online
OFW community organization Patnubay, found that the majority of respondents did not receive one day
off per week or the minimum of eight rest hours per day. Out of 92 respondents, 10 had a continuous eight
hour rest while 66 did not and 19 respondents did not answer.35 Only 6 respondents had one rest day per
week, 66 had no rest day and 20 did not answer.36 While many blamed the employer, they did not
complain. This was partially due to the desire to keep their job. From the perception of domestic workers
the recruitment agency and Philippine government were little help in this, except for repatriation back to
the Philippines.37 As HSWs live in the residence of the employer it is difficult to monitor if HSWs receive
the mandated one day off per week or minimum hours of rest. Currently, there are no mechanisms in
place to guarantee the implementation of these rights or to monitor employer adherence.
Moreover, recruitment agencies have found ways to circumvent the “zero placement fee” policy for
domestic workers. During the pre-departure stage, fees may be increased for skills trainings or
assessments, such as the National Certification (NC) II assessment and certification.38 This may be due to
poor information dissemination and a lack of information about the migration process or those preparing
to go abroad may be aware of these additional fees but the need to work abroad is far greater.
In another instance, a focus group of female HSWs previously employed in the KSA between 2009 and
2015, indicated that less than half of eight previous HSWs received the mandated monthly wage of
USD$400 in the KSA.39 In theory, the opening of banks accounts will help to mitigate the practice of
32
Ibid.
Department of Labor and Employment, “A first between Saudi Arabia and a country of origin, in 2013, historic
agreement between PH and KSA sealed stronger protection for the Filipino HSW,” December 2013,
http://www.dole.gov.ph/ro_polo_updates/view/631
34
Center for Migrant Advocacy, “HSW Policy Reform Assessment” June 2015,
https://centerformigrantadvocacy.files.wordpress.com/2015/08/hsw-policy-reform-assess-final-version-aug-9.pdf
35
Patnubay, “Survey for HSWs in KSA,” November 2014
https://www.facebook.com/PatnubayOnline/photos/a.547120088671603.1073741843.259830960733852/82685151736512
4/?type=1&permPage=1
36
Ibid.
37
Ibid.
38
Center for Migrant Advocacy, “HSW Policy Reform Assessment” June 2015,
https://centerformigrantadvocacy.files.wordpress.com/2015/08/hsw-policy-reform-assess-final-version-aug-9.pdf
39
Ibid.
33
7 of 12