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Archive for the ‘Laws and Immigration’ Category

Aug
23
2016

PERiyadh:Conditions for ePassports extension validity

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PERiyadh_GuidelinesEpassportsValidityExtension

 

 

 

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Jul
6
2016

POEA to OFWs: Don’t pay for an Australian visa

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warning

 

Overseas Filipino workers or OFWs were advised by the Philippine Overseas Employment Administration (POEA) not to pay for their Australian visa for a job abroad.

 

POEA Administrator Hans Leo J. Cacdac said applicants should be careful of job offer that requires payment for work or sponsorship visas.

 

The Australian government had passed its Migration Amendment Act last December 2015 which also prohibits sponsor, visa applicant or other third party engaging in a paid transaction for the following:

 

  • Nominating to sponsor a person
  • Becoming an approved sponsor
  • Threatening to dismiss someone affecting their visa status, and;
  • Withdrawing a nomination application

 

Violating this which is considered as criminal offense will result to two-years imprisonment or a fine of $64,000 for a person and $324,000 for a company or organization.

 

However, the Australian government said they will allow payment of a reasonable amount for professional fees to registered migration agents for services such as preparing, lodging, and advising the outcome of an immigration application.

 

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May
19
2016

OFWs to benefit more as new OWWA bill signed into law

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A law creating a new charter for the Overseas Workers Welfare Administration (OWWA) was signed by President Aquino.

 

gavel

 

 

Republic Act 10801 or the OWWA Act will define the functions of the agency, its board of trustees and its secretariat and the uses of its trust fund. It will also protect the interest and welfare of OFWs from providing assistance to emergency situations to financing projects for overseas workers and their families.

 

The new law will enact the following which will benefit the overseas Filipino workers (OFWs) and their families:

 

  • Enhances the reintegration program of the government for displaced OFWs who chooses to return home.
  • Establish clear-cut guidelines for the procedure for OWWA membership registration and renewal.
  • Ensure transparency in the utilization and management of OWWA funds.
  • Mandates the agency to maintain an interactive website to gather OFW feedback, comments, suggestions and complaints on existing programs and services.
  • Ensure the agency’s operative budget to support full protection of OFW welfare.

 

Overseas Filipino workers will also have more representation in the board as there will be 7 seats for them to be comprised of two nominated and appointed representatives each from land-based and sea-based OFWs, and one each from the women, land-based recruitment, and sea-based manning sectors.  

 

An OFW automatically becomes a member upon payment of the $25 contribution, either compulsary or voluntarily, and will be active until the OFW’s existing contract expires or after two years from contract effectivity, whichever comes first.

 

The law also orders that contributions to OWWA fund must be paid by the employer or by the recruitment agency in case of new hires. Failure to comply will result to cancellation of license and banned from recruitment of overseas workers.

 

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May
10
2016

NOC and 2-year ban will stay in Oman

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The two-year employment ban for expatriates who will leave their jobs without a no objection certificate or NOC will remain until the economic situation in Oman improves.

 

Oman visa

 

 

Overseas Filipino workers or OFWs should remember that the Sultanate of Oman still imposes the rule and should comply to the regulation.

 

An OFW can transfer to a different company if his employer agrees and grant him a no objection certificate or NOC. Without an NOC, the OFW cannot join another company and will result to a two-year employment ban if transferring is pursued.

 

The Minister of Manpower thinks that the rule protects the companies from workers whom they bring and train to work in Oman then leave after a few months only because of a higher offer.

 

OFWs are seen as highly skilled people and in demand to take positions available in different work sectors.

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Apr
4
2016

Changes in Qatar Law for Recruitment of HSWs

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Overseas Filipino workers, particularly the household service workers (HSWs) or domestic helpers, will be affected by the rationalized Qatar Law for hiring them.

 

The Ministry of Administrative Development, Labour and Social Affairs highlights the following when employing a domestic worker.

 

  • A contract with the recruitment agency who will provide the HSW should be signed in advance.

 

  • Employers must read the contract carefully and need to have a copy, as well as copies of bills for any advance payment made.

 

  • The contract must be approved by the department concerned at the Labour of Ministry aside from being signed by the prospective employer and recruitment agency.

 

  • The contract must include a fixed term and guarantee (probation) period, which is three months, and will come into effect once the HSW joins the employer.

 

  • The employer is responsible for the HSW to get a medical check-up done within two weeks from arrival to ensure they are free from any disease.

 

  • If there is a delay in providing the requested HSW, the employer has the right to demand compensation.

 

  • HSWs can be send back home within the probation period if found medically unfit; carry out the duties he or she came to perform; one of the parties fails to fulfill or violate terms of the contract; or the competent authority declined to process the residency permit.

 

Before hiring, a prospective employer must received first the candidate’s curriculum vitae to make a choice. The processing of entry visa will start once the Ministry has approved the contract.

 

The Ministry said the employer has the right to file a complaint in their office if the recruitment agency fails to meet the terms in the written contract signed and approved by them.

 

 

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