Module 3.1.edit9

PDOS Online| Module 3.1

OWWA Pre-Departure Orientation Seminar

POSSIBLE CASES& REMEDIES

Module 3.1

PDOS Online| Module 3.110/20/2015 2

PDOS Online| Module 2

As an OFW, you might face employment problems abroad. Here are some scenarios with suggested solutions that usually happen in GCC or Gulf Cooperation Council countries such as Saudi Arabia, UAE, Qatar, Kuwait, Bahrain and Oman.


Running away from your employer may constitute pre-termination of contract and may lead to:

• Abandonment or absconding which violates the laws of the host country• Non-payment of benefits

Issues & Concerns• OFW might be compelled to pay for the repatriation cost and other

expenses incurred by the employer, foreign recruitment agency (FRA) and/or Philippine recruitment agency (PRA)

• It will cost difficulty in returning to the country• OFW will be vulnerable to abuse• Possibile imprisonment and deportation

Remedies: Proceed to the POLO immediately within 24 hours, if possible, for assistance in resolving the case

What are the consequences when I run away from my employer?


What if my employer confiscates my passport?

Withholding of passport• Violates Geneva Convention since OFW’s passport is the property

of Philippine Government• Violates the provision in the Standard Employment Contract

Issues & Concerns• Withholding of passport is a common practice among employers

associated with GCC

Remedies Inform your employer regarding the provision in the standard employment contract prohibiting the confiscation of the passport by the employer. In case the employer is stubborn, you may report him/her to any of the following: Foreign Recruitment Agency (FRA), POLO, or your Philippine Recruitment Agency (PRA)


Can I engage in part-time jobs?

Moonlighting or having more than one job, violates the Kafalah System” or Sponsorship Law in GCC countries

Issues & Concerns• Possible imprisonment with monetary fine

Remedies• Refrain or do away with having part-time jobs• Seek assistance from FRA, PRA and POLO


What are some issues about the working visa or Iqama?

Possible Situations• Working without Iqama (residence visa/work permit) • Employers compel the workers to shoulder the cost of securing Iqama

including penalties and other charges• Workers are issued photocopies of their Iqama instead of the originalIssues & Concerns• Possible imprisonment with monetary fine• Restricted movement • Worker cannot engage in official transactions• Worker will not be covered by health insuranceRemedies• Assert that employer pays for the cost of securing the worker’s Iqama.

Report immediately to your FRA, PRA and POLO should employer refuse to pay the cost of the Iqama.

• Insist that the Iqama should be in the possession of the worker as stated in the SEC. Otherwise, seek assistance from FRA, PRA, POLO or labor court of the host country.


What should I do if my working visa expires but my employer still wants me to work?

Possible Situations• Workers are forced to continue working until the expiration of the

Iqama beyond the original duration of the work contract.• Employer insists to extend the validity period of the Iqama beyond

the original period as specified in the employment contract.• This practice constitutes forced labor and violates the anti-human

trafficking law.

Remedies Insist that the provisions of the contract be followed during the validity period of the Iqama. Otherwise, seek assistance from FRA, PRA and POLO or labor court of the host country.


Is working for a new sponsor without documentation allowed?

Possible Situations• Transfer of sponsor without proper documentation from concerned

authorities• Worker unknowingly works for an employer who is not the visa

sponsorIssues & Concerns Liability issue in cases of illness, accident, and death of the worker

including worker’s benefits Possible incarceration with monetary fineRemedies Refrain from transferring to another employer while original contract

still exists. Worker should ascertain the name of the sponsor in the visa and Iqama. Report the matter to FRA, PRA and POLO.


Is mingling of males and females allowed?

“Love Case’’In GCC countries, it is prohibited for men and women who are not married or related by blood to mingle with each other.

Issues & Concerns Possible imprisonment with lashes and deportation

Remedies Request assistance from the Embassy


How do I deal with unwanted pregnancy??

Giving birth outside of marriage is considered adulterous. Legal documentation of mother and child prior to deportation is difficult.

Issues & Concerns• The mother will be jailed, with lashes and is deported.• The child is deprived of official status and denied the universal

rights accorded to children. Sometimes, the child is taken to prison with his / her parents.

Remedies Request assistance from the Embassy

Module 3.1.edit9

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