Illegal Filipino Recruitment Awareness Discussion Held

By Stuart Wilson

The Filipino community living in Grand Cayman held their first ever town-hall meeting to discuss working conditions for Philippine nationals and illegal hiring practices on Friday, 23rd  August at the Town Hall in George Town.

The Department of Migrant Workers Mandate Legislation passed in the Philippines in 2021, led to the establishment of the Department of Migrant Workers (DMW) becoming operational in 2023, after merging with the Philippine Department of Labour.

The mandate of the DMW is to protect the rights of workers from the Philippines in respective jurisdictions/countries around the world, who can only be employed after receiving an exit pass and not on the bass of a tourist visa. This is in order to ensure proper due diligence of prospective employers.

“Our Migrant Workers Office accredits overseas employers, granting them the authority to recruit and hire workers from the Philippines,” noted Labour Attache with the Philippine Department of Labour in Washington DC, Mr. Saul Dvries.

Mr. Dvries added that there are rules and regulations in relation to recruitment of persons from the Philippines.

“Employers need to be accredited to make sure they go through the vetting process and they legitimately have the capacity to pay workers and treat workers fairly; operating within the legal environment of their country, as well as the Philippines’.

He explained that when foreign employers receive a certificate from the Department of Migrant Workers, it means that Filipino workers will not fall victim to predatory employers. 

The verification process for foreign employers includes benefits, safety of the work site and verification of contracts that meet the standards of the Philippine Government and the host Country.

Recruitment agencies are allowed to charge employees no more than one month’s salary as the maxim placement fee. However domestic workers are exempt from this charge.

Foreign employers must partner with a recruitment agency in Philippines, unless they are an international organisation such as the World Bank or the United Nations. High ranking government officials in potential host countries may also not need to partner with a recruitment agency in the Philippines.

Mr. Dvries also noted that third country recruitment is prohibited and Philippine nationals are not allowed to be recruited from countries outside the Philippines.

“Illegal recruitment is characterised as any act of hiring, recruiting, referring - whether for profit or not- without accreditation and it can be penalised by 12 to 20 years in prison and a fine,” he warned, adding that punishment would increase if the activity is carried our by a syndicate of three or more persons.

He said in such instances the punishment would be life in prison and a fine of 2 million pesos.

“Be very careful, as you may violate these laws even if your intent is good and you may still get into trouble if a court proceeding finds that you are guilty,” he said.

In relation to Philipine nationals already employed overseas, the Philippine Attache in Washington noted that these persons must conduct themselves to the highest standard, in addition to communicating regularly with their family.

“You should not be degrading your coworkers or badmouthing them, as you have a duty to your country and you are ambassadors of goodwill that should be enhancing the image of the the Philippines and its workers,” he remarked.

In addition to outlining expectations, Mr. Dvries added that workers from the Philippines have a duty to the employment agency as well, and should not provide false diplomas or documents. He said abiding by contracts was also of great importance.

Panelists at the event included Attorney, Mr. Gavin Dixon and Legal Counsel for the Cayman Bayanihan Filipino Community, Mrs. Desiree Jacob and President of the Cayman Bahanihan Filipino Community, Mr. Dion Se Se.