Questionable Add-ons to Caregiver Contract for Canada

INQUIRER.net
Posted date: May 29, 2008

Toronto, Ontario, Canada- The Philippine labor attaché to Canada, Frank Luna, recently issued a directive: before a Filipino/Filipina is allowed to leave the Philippines for Canada to work as a live-in caregiver, an addition to the contract must be signed by her/his employer (The Philippine Reporter, April 16-30, 2008), to wit:

Addendum to Employment Contract

The employer undertakes to be responsible for:

1) Cost of 2-way transportation to and from Canada;

2) Health coverage for the employee before the provincial health insurance applies;

3) Termination of employment shall only be for cause;

4) In case of work-related death, cost of repatriation of remains to the Philippines.

That “short” addition must be forwarded to the Philippine Overseas Labor Office in Toronto, with a signature verification fee of US$10, and another CaD$28.75 as consular authentication fee.

Now the question is, how will these “new” additions protect the live-in caregiver?

Take the first requirement of the cost of transportation to and from Canada to be shouldered by the employer – it’s not found in the Labor Market Opinion of Service Canada for the live-in caregiver program, here or here, see screenshot here.

What the office of the labor attaché quoted in the press releases was the Expedited Labor Market Opinion for temporary workers for Alberta and British Columbia (E-LMO). I’m not an expert but it seems these are two different set of rules - one for the live-in caregiver program and one for the temporary worker program (E-LMO).

The main contention in this controversial contract, however, is really the repatriation clause in case of work -related death. Does Mr. Frank Luna even know how much it would cost to repatriate a dead body to the Philippines from here? It may cost upwards of the cost of a brand new car (over $10,000). Which employer in his/her right mind would agree to that? That’s a problem of the Philippine government, not the Canadian employer. Would Canada ask the Philippine government to pay for the repatriation of a deceased Canadian working for an NGO in Manila? I guess not!

We’re not questioning the sincerity of the labor attaché in a directive like this. But what he could have done was come up with a draft then met with all those who would be affected by it - employment agencies, caregiver groups, immigration consultants and lawyers.

Meanwhile all live-in caregivers waiting to leave for Canada (some waiting for over a year) when this contract came out have to wait to see if their employers would be willing to sign it, knowing that those add-ons could put them in debt.

The Philippine Consulate and the Labor Attaché better come to terms with the reality that this new addition to a contract will not do much good in protecting a caregiver’s welfare. A consultant I called said pending documents regarding this addendum are already mounting in the Philippine Overseas Labor Office (Toronto) and many live-in caregivers with visa in their hands cannot leave Manila because of it. I understand a recruitment office has also stopped representing live-in caregivers coming direct from the Philippines, discouraging employers from signing the contract. Who knows how many more have done the same?

Most Filipino-Canadians probably don’t know that this new contract was likely modeled after a similar controversial memorandum by the Philippine Overseas Employment Administration (POEA) –Memorandum Circular 04 (CF-04). This memorandum was met with fierce resistance by different Filipino workers groups in Asia, the Middle East and other places as well.

Eventually giving in to pressure from both workers and foreign employers, Secretary of Labor Arturo Brion suspended its implementation.

Canada needs people and needs them quick. The Canadian dollar is going strong. And Filipinos have plenty of competition. If you look around Toronto nowadays, you will notice a lot of Mexicans in the city. Many Mexicans in the US who cannot get legal status there are beginning to look at Canada as the next best place to be.

And don’t forget other Latin countries, as well as Sri Lanka, India, Bangladesh, Indonesia, China, Pakistan, some Eastern European countries etc. The competition will eat the Philippines alive if the labor representative does not wise-up.

Remember, Canada is not Saudi Arabia or Singapore or Hong Kong where live-in caregivers cannot become citizens. In Canada, these workers have a great chance of becoming citizens and beneficiaries of its wealth. That’s why Canada is sought after by different worker groups.

You want to protect the Filipina worker? Review Ms. Mila Echevarria’s suggestions or Ms. Eva Agpaoa’s offer of help (Manila Media Monitor p. 9, May 2008, Year 11, No. 11). That’s the kind of assistance our kababayans need, not some toothless contract.

Noli Maniquis
www.adoborepublic.net