OFW laments absolution of ‘rude’ labor attaché in HK
The overseas Filipino worker (OFW) who filed a complaint against the Philippine labor attaché in Hong Kong bewailed on Monday government’s decision to absolve the diplomat of abuse of authority and neglect of duty because of mitigating circumstances. Hong Kong domestic helper Agnes Tenorio, 29, said the Department of Labor and Employment’s (DOLE) decision to dismiss charges of abuse and neglect against Labor Attaché Romulo Salud shows she will not get justice from the Philippines government for what she went through. She said this in a handwritten letter to Labor Secretary Rosalinda Baldoz. “Sa pagbaba ng desisyon na ito, napatunayan ko na walang hustisya na umiiral sa ating gobyerno (With the handing down of this decision, I was able to prove that justice does not prevail in our government)," Tenorio wrote in her letter, a copy of which was obtained by GMANews.TV. In her decision, Baldoz ruled that Salud should be admonished — the equivalent of a warning — instead of being reprimanded for discourtesy or the minimum penalty under the Uniform Rules on Administrative Cases in the Civil Service, citing several “mitigating" circumstances, such as the labor attaché’s immediate public apology for the infraction and his 10 years of service that was untainted by complaints until that of Tenorio’s. On YouTube berating a woman OFW In her letter to Baldoz, Tenorio questioned Baldoz’s decision, citing the conversation she had with Salud, a purported recording of which was uploaded on YouTube, where a man’s voice was berating a woman in Filipino for having changed her mind about going back to the Philippines and instead was asking for assistance in filing a complaint against her former Hong Kong employers. “Wala po bang pang-aabuso ng kapangyarihan ang isang opisyal na nakapwesto bilang Labatt [labor attaché] kapag ang isang OFW na tulad ko ay lumapit at humingi ng tulong, at pagsabihan niya ng ‘karapatan’ niya kung tutulungan niya ako o hindi, ‘karapatan’ niya kung tatanggapin niya ako o hindi (Wasn’t there abuse of authority by a labor attaché if an OFW like me goes to him seeking help, only to be told that it is his ‘right’ whether to help me or not, it is his ‘right’ whether to accept me or not?) " Tenorio wrote. “Kahit po siguro sa malumanay na boses niya ako sinabihan ng ganito, ang nilalaman nito ang hindi katanggap-tanggap (Even if he said that in a soft voice, the import [of what he said] was unacceptable)," she added. She maintained that Salud neglected his duties when he simply agreed with her request to be sent home after being fired by her employer, instead of advising her of her rights to contest her dismissal and claim for unpaid wages. What does a labor attaché signify? “Ano po ba ang kahulugan ng labor attaché (What is the significance of a labor attaché?)," Tenorio asked. She lamented that the committee, which Baldoz formed to look into the matter, had been unfair to her and solicited testimonies from other people who were not involved the dispute. “Sinabi sa akin ng investigating committee na kukuhanan nila ako ng sinumpaang salaysay, pero hanggang sa makaalis na sila dito sa Hong Kong ay hindi nila ako tinawagan (The committee told me that it would get my sworn statement, but until they left Hong Kong they did not get in touch with me)," Tenorio explained. The maid reportedly sought the Philippine Consulate General’s help after her Hong Kong employer terminated her contract, barely two hours after she started working in the house. Confused with what had happened, Tenorio said she wanted to return to the Philippines and Salud immediately agreed without advising her of her rights, according to the United Filipinos in Hong Kong (UNIFIL-Migrante-HK) and the Mission for Migrant Workers, which helped her file complaints against Salud. Tenorio later learned from other OFWs that she could file a case of illegal termination of contract against her employer and claim for her unpaid wages with the HK labor department, said UNIFIL. She reportedly went back to see Salud, who then supposedly scolded her for changing her mind. An obvious move to favor Salud In another statement, UNIFIL criticized the DOLE decision as “highly irregular, anomalous, and an obvious move to favor Labatt Salud". “Labatt Salud’s statement that it was his right to help OFW Tenorio or not was an exhibition of power tripping. Worse, it was a dangerous declaration for it rejects the principle of public service to OFWs who are in constant need of assistance," UNIFIL chairperson Dolores Balladares said. Baldoz missed the point of the charge of neglect of duty filed against Salud, which was the attaché’s failure to help Tenorio file a case against her former employer, she added. “The point was that there was no effort from Labatt Salud to even explain to OFW Tenorio her rights after hearing her story and worse, he even berated her after she made a more informed choice on the course of action she wanted to take. If this was not neglect, then what is Secretary Baldoz’ idea of duty to OFWs?" Balladares stated. The UNIFIL chairperson said that the association’s position paper on the DOLE decision will be forwarded to Gabriela Women’s Party-list for congressional support in their demand to have Salud recalled. Vice President Jejomar Binay, the Presidential adviser for OFW concerns, will also get a copy of the demand letter and position paper, she added. — VS, GMANews.TV