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PH seafarers to benefit from maritime labor convention amendments

MANILA – The Philippines is among countries that will greatly benefit from the amendments to several provisions of the Maritime Labor Convention of 2006, the Department of Labor and Employment (DOLE) said on Friday.

In a Laging Handa briefing, Labor Undersecretary Benjo Benavidez said these amendments that were adopted during the recently concluded International Labor Convention (ILC) in Switzerland are timely considering that the country is sending thousands of seafarers to work abroad.

“There are eight provisions amended there and the very important one is provision on repatriation,” he said.

Benavidez said that under the amendment, the ship owner and its agent are obliged to arrange for the repatriation of a seafarer who got sick or got into an accident or had his or her contract either expired or terminated.

“If he is a Filipino, bring him back to the Philippines,” he said.

Benavidez added that the seafarers were also provided free internet access to be able to communicate with their families or loved ones.

“Also, because of our experience with the (coronavirus disease 2019 (Covid-19) pandemic, we have amended provisions on access to information. Because of the lockdown, seafarers need access to their families, so we make your access to internet communication mandatory while he is on the ship,” he said.

Another significant amendment is the right of seafarers to suitable personal protective equipment (PPE).

“You know, the built of the Filipinos are something different, so it seems that the size of the PPE of our fellow seafarers who work on ships and cargo vessels is just right,” he added.

Likewise, Benavidez noted that seafarers are also given priorities in terms of basic needs such as food, accommodation and water,

“Again, these are lessons we learned when there was a lockdown and pandemic and because of those lessons we had to amend the Maritime Labor Convention so that we can better protect and promote the welfare of our Filipino seafarers. And we voted in favor of these amendments,” he added.

The ILC was held from May 27 to June 11 in Geneva. (PNA)

Ang mga kumpanya ng pribadong sektor na kumukuha ng mga manggagawa ay hindi magbabayad ng atraso sa bayad

JEDDAH — Inilibre ng Ministry of Human Resources and Social Development ang mga kumpanya at establisimiyento ng pribadong sektor mula sa mga hindi pa nababayarang bayad ng gobyerno ng mga manggagawang naglilipat ng kanilang mga serbisyo sa mga pasilidad na ito. Ang bagong tuntunin ay ilalapat sa mga manggagawa na ang mga serbisyo ay inililipat mula Hunyo 9, nalaman ng Okaz/Saudi Gazette.

Ayon sa bagong desisyon, ang kumpanya o establisyimento kung saan naghahangad ng paglilipat ng serbisyo ang manggagawa ay kailangang pasanin ang hindi pa nababayarang bayad ng gobyerno, kabilang ang bayad sa permit sa trabaho, bayad sa expatriate (pinansyal na kabayaran), at mga multa para sa pagkaantala sa pag-renew ng residency permit (iqama). Ang platform ng Qiwa ng ministeryo ay nagsimulang i-activate ang desisyon ng pagsingil sa mga bayarin na ito mula sa mga dating employer ng mga manggagawa.

Ang mga mapagkukunan ng Qiwa ay nagpahayag na ang bagong desisyon ay hindi naaangkop sa mga manggagawa na ang mga serbisyo ay inilipat bago ang Hunyo 9. Ang desisyon ay naglalayong bigyang-daan ang mga bagong negosyo na maisagawa ang kanilang mga negosyo nang walang hindi inaasahang pananalapi na mga obligasyon, at sa gayon ay matiyak ang patas na kompetisyon sa iba pang mga negosyo, bilang karagdagan sa hindi paglantad sa kanila sa mga kahirapan sa pananalapi. Sa ilalim ng nakaraang mekanismo, ang mga establisyimento, na naghahangad ng paglilipat ng serbisyo ng mga manggagawa, ay kailangang pasanin ang mga bayarin para sa mga permit sa trabaho, expatriate levy at mga multa para sa pagkaantala sa pag-renew ng iqama.

Samantala, ang bilang ng mga pribadong sektor na establisyimento sa Kaharian ay umabot sa 773,175 sa pagtatapos ng unang quarter ng 2022. Ang bilang ng mga hindi-Saudi na subscriber ng General Organization for Social Insurance (GOSI) sa mga establisimiyento ay umabot sa humigit-kumulang 6.61 milyong lalaki at mga manggagawang babae.

Ang mga establisyimento ng pribadong sektor, kung saan ang mga dayuhang manggagawa ay higit sa Saudi, ay kailangang magbayad ng taunang bayad na nagkakahalaga ng SR9600 (SR800 bawat buwan) para sa bawat dayuhang manggagawa. Ilang buwan na ang nakalilipas, ipinakilala ng gobyerno ang isang bagong sistema ng hating pagbabayad ng bayarin ng gobyerno sa quarterly, half-yearly at three-quarterly basis, bukod sa dating sistema ng taunang pagbabayad para sa renewal ng work permit at iqama.

2022 overseas deployment cap para sa healthcare workers, di pa naaabot — POEA

Tuluy-tuloy pa rin ang pagde-deploy ng Philippine Overseas Employment Administration (POEA) ng mga Pinoy healthcare workers (HCWs) abroad.

Ayon kay Philippine Overseas Employment Administration (POEA) Chief Bernard Olalia, hindi naaabot ang 7,500 na overseas deployment cap para ngayong 2022.

Dagdag pa nito, nananatiling sapat ang bilang ng mga nurses ngayon sa bansa kahit may mga ipinapadala abroad.

Tinukoy nito ang kakatapos lang na PRC examination para sa mga nurses na inaasahang magdaragdag sa bilang ng working force.

Kasunod nito, sinabi ni Olalia na hindi naman awtomatikong aalisin ang deployment cap oras na ma-lift na ang COVID-19 national emergency sa bansa.

Idedepende pa rin umano ito sa assessment at rekomendasyon sa technical working group.

Police is the competent authority for complaints about harassing employer – MHRSD

Watch: https://youtu.be/dBhBO3285wc

The Ministry of Human Resources and Social Development in Saudi Arabia confirmed that, in case of harassment at a workplace, a report of bad behavior can be submitted through the ministry’s services app called HRSD Application.

The Ministry explained that, if the aggressor is employer, the complaint can be lodged through the competent legal authorities, represented by police.

– In case of a behavioral violation happened at workplace, a complaint should be submitted to the establishment within 5 working days from the date of occurrence of bad behavior, and a copy of complaint lodged with the company should be attached along with HRSD application.

– The Ministry’s application provides easy access to selected HRSD e-services and offers an excellent experience and efficient communication channels. It allows people to book an appointment, file a complaint and submit a grievance.

– Causing physical, psychological, sexual or economic harm to another party comes in the list of harassment. It accounts for all types of exploitation, threat, extortion, enticement, quarreling, cursing, insulting or prejudice modesty or deliberately secluding with opposite gender or any form of physical or verbal discrimination.

– The regulation also have misconduct among workers either during working hours or outside working hours. Through HRSD application, a maximum of 3 types of violations can be reported daily against the designated companies.

– The HRSD app includes major classification of violations, like, violation of Saudi Labor Law, violations related to behavioral violation, violations of precautionary measures of companies and individuals, violations of occupational safety and health and violations of Saudization.

– The violations of behavioral infringement includes assisting or covering up harassment (any word, act or gesture with a sexual connotation by a person against another), the failure of company to investigate or impose a disciplinary penalty on those who have been convicted of harassment and failure of company to form a committee to investigate cases of behavioral abuse at workplace, according to a report of Saudi Gazette.

A fine of 3,000 riyals per worker on violation of Midday work ban – Human Resources

The official spokesperson of the Ministry of Human Resources and Social Development in Saudi Arabia, Saad Al Hammad confirmed that the penalty for the employer to allow the workers to work under the direct sun from 15th June until 15th September (in between 12 PM to 3 PM) is 3,000 riyals per worker. 

Al-Hammad said that the penalty was mentioned in Article 6 in the table of violations and the corresponding penalties, when the employer allows worker to work under the direct sunlight or in bad climatic conditions without taking the necessary precautions in the times and cases specified by the ministerial decision, violation of this article amounts to 3,000 riyals per worker.

– The amount of the fine will be multiplied with the number of workers involved in the violation of the midday work ban. The penalties also include closing down the company for a period of not more than 30 days or shutting down it permanently, or imposing both fine and closure of the company.

– The spokesperson of the Ministry called on all private sector companies to importance the regulating working hours and taking into account the provisions of the decision. He also called on citizens to report any violation of this decision by contacting through Ministry’s unified number 19911 or through Ministry’s unified application for reports and complaints.

Public Prosecution: Saudi Arabia stipulates one-year jail, SR500,000 fine for elder mistreatment

Saudi Gazette report

RIYADH — Saudi Arabia’s Public Prosecution has stated that the new Law to Protect the Rights of the Elderly People prescribes a penalty of up to one year’s imprisonment and a maximum fine of SR500000 for anyone found mistreating the elderly people.

In a statement on its Twitter account, the Public Prosecution has emphasized that Saudi Arabia has given the elderly people great protection and special care, and the new law governs the procedures for dealing with this precious segment of society.

The statement was issued on the occasion of the World Elder Abuse Awareness Day, which is observed on June 15 every year to raise awareness about the abuse and neglect of older persons, as well as to enhance awareness of the cultural, socio-economic, and demographic processes affecting elder abuse and neglect. It also highlights the plight of elders at the hands of their relatives or members of society.

The Public Prosecution stated that the third article of the law guaranteed the elderly people the right to live with their family, and that their shelter and care were the responsibility of family members in accordance with the sequence stipulated in Article 6 of the law.

According to the Public Prosecution, Article 15 of the law emphasizes that the breadwinner of the family is prohibited from disbursing the money of the elderly without their consent. It is also not allowed to deliberately violate rules for the protection and care of the rights of the elderly people who are in need, in addition to the intentional misuse of money owed to the elderly people by those who are entrusted with the authority for its disbursement.

Minister of Human Resources and Social Development Ahmed Al-Rajhi approved earlier this month the executive regulations of the Law to Protect the Rights of the Elderly People. The law, which was approved by the Council of Ministers on Jan. 4, 2022, guarantees several privileges and discounts for Saudi citizens aged 60 years and above. There are several provisions in the law that aim at protecting the rights of elderly people and ensuring their care and welfare.

The executive regulations of the law consist of 19 explanatory articles, which include the provision of a system of support programs and aid for the elderly who have reached the age of 60 Hijri years. The services that will be provided to the elderly under the regulations include financial assistance, medical instruments, privilege cards, discounts and priorities to complete their procedures, as well as programs dedicated to improve the quality of their life.

There are provisions in the law to protect the physical and psychological rights of elderly people. The law dictates that elderly people have the right to live with their families, who in turn must respond to their needs in dignity. Under the law, it is not permitted to send an elderly man or woman to a shelter or care facility without their consent.

Lifting precautionary measures does not apply to health facilities

Sources for “News24”

Sources reported that the decision to lift precautionary measures related to combating the Corona pandemic does not apply to health facilities.

Sources told Akhbar 24 that the immunization status in Tawakkoluna is still required to enter health facilities and to determine eligibility for services.

She added that wearing a mask is still mandatory for all employees, patients and visitors throughout their stay inside the health facility, in order to keep everyone safe.

It is worth mentioning that the Ministry of Interior announced yesterday the lifting of precautionary measures related to combating the Corona pandemic, not requiring wearing a mask in indoor places except for the Two Holy Mosques and other specific places, and not requiring immunization and verifying the health status in the Tawakkolna application to enter facilities, activities, events and events.

Learn how to calculate employee end-of-service indemity. Be scalable to increase or decrease.

The Ministry of Human Resources and Social Development explained that the end-of-service indemnity is a material amount paid by the employer to the worker at the end of the contractual relationship, indicating that it is calculated based on the total last wage received by the worker.

The ministry pointed out that it is permissible to agree between the worker and the employer, provided that the end-of-service indemnity does not include all or some of the amounts of commissions, and is inherently subject to increase or decrease.

She pointed out that the worker is entitled to a full end-of-service indemnity if the contractual relationship ends in accordance with the system without the state of resignation, pointing out that at the end of the contractual relationship, half a month’s wage is calculated for each of the first five years, and one month’s wage for each of the years following the first five years.

She pointed out that upon resignation, the worker receives one-third of the reward for a service of not less than two consecutive years and not more than 5 years, two-thirds of the reward if the period of service exceeds 5 consecutive years, and the full bonus if the period of service reaches 10 years or more.

She added that there are exceptional cases that deserve full reward in the event of resignation, including who left work as a result of force majeure beyond his control, and a worker who terminated the contract within 6 months from the date of her marriage or 3 months from the date of placement.

“Human Resources” clarifies the leave due to employees during the service. Includes marriage, holidays and illness.

The Ministry of Human Resources and Social Development reviewed the leave due to employees of all kinds and reasons.

She explained that annual leave is not less than 21 days, and it may not be waived or receive monetary compensation for obtaining it during service, and then the number of its days increases to at least 30 days when working for five consecutive years with an employer, noting that the employer may postpone it for the following year if working conditions require and for a period not exceeding 90 days.

She added that if the worker leaves work and does not benefit from his annual leave, he will be compensated for a fee for the number of days of leave due, and stressed that the worker has the right to postpone his annual leave or days thereof to the following year with the consent of the employer.

Festive holidays

With regard to the holidays, the ministry explained that the Eid al-Fitr and Al-Adha holidays are 4 days, so that the Eid al-Fitr holiday starts from the day after the 29th of Ramadan, while the Eid al-Adha holiday starts from standing in Arafa.

National events

She pointed out that national events such as National Day and Foundation Day are their holidays for one day, and are not compensated if they coincide with the holidays.

Death leave

The worker is entitled to leave for 5 days in the event of the death of his wife or one of his origins or branches. The Muslim worker whose husband has died is excluded and her leave is calculated by 4 months and 10 days or by the number of days remaining from her pregnancy.

Marriage or procreation

She pointed out that the worker is entitled to 5 days leave for marriage, and the employer has the right to request documents proving this, in addition to 3 days in the event of a newborn. The worker is also entitled to a maternity leave of 10 weeks, which can be extended after its expiration for a month without pay. She explained that the working woman in the event of having a sick child or

The tests

At the level of test leave, the worker is entitled to take leave by the number of actual test days, by the employer’s approval to join the educational institution, and to submit the leave request 15 days before its date, so that the leave is full pay to take the exam for an unrecurred year. The employer also has the right to ask the worker to submit documents supporting the leave application, as well as evidence of his performance of the exam.

Hajj

With regard to the Hajj obligation, the Ministry explained that the worker is entitled to leave of 10 to 15 days, granted once during the period of service, and that work is required for two consecutive years with the employer, and not to be performed by the worker before.

Sick leave –

At the level of sick leave, she stressed that the worker is entitled to leave with the number of sick days, calculated continuously or separately during one year, starting from the date of the first sick leave, and it is also given with full pay in the first thirty days, three quarters of the wage in the next sixty days, and unpaid leave in the next thirty days.

Saudi ministry mulls two-day weekend for all private-sector workers – Saudi Gazette


RIYADH — Saudi Arabia’s Ministry of Human Resources and Social Development has said that it is studying the prospects of amending the Labor Law article related to working hours to increase the weekly off to two days for all workers in the private sector.

“The ministry is keen on taking all the measures that serve the interests of the workers and the labor market in a way that contributes to achieving the government’s objectives and the labor market strategy in light of the Kingdom’s Vision 2030,” Saad Al-Hammad, spokesman for the ministry, said while reacting to the demand of private sector employees to review the official working hours and applying the weekly off to two days for all sections of workers in the private sector.

Al-Hammad said that the ministry had previously worked on proposed amendments to the Labor Law and had put forward these for feedback through a public opinion poll platform.

Regarding the repeated demands that the Ministry of Human Resources has to take a firm decision on implementing the two-day weekend for private sector employees and reduce working hours so as to attract Saudis to the job market, the spokesman said: “If there are any developments related to the ministry, it will be published via its official website as well as its social media accounts.”

On her part, lawyer and legal consultant Kholoud Al-Ahmadi said that Article 98 of the Labor Law affirmed that it was not permissible for the worker to actually work for more than eight hours per day, if the employer adopts the daily criterion, or more than 48 hours per week, if the weekly criterion is adopted. Actual working hours are reduced during Ramadan, as these do not exceed six hours per day, or 36 hours per week.

Al-Ahmadi noted that Article 99 of the Labor Law clearly showed that the working hours stipulated in Article 98 of the law could be increased to nine hours per day for some categories of workers, or in some industries and jobs in which the worker does not work continuously. It could also be reduced up to seven hours per day for some categories of workers or in some industries and jobs that are dangerous or harmful. The categories of workers, industries and jobs referred to are determined by a decision of the minister of human resources.

Meanwhile, Article 100 of the law permits the employer, with the approval of the ministry, to increase working hours to eight hours per day or 48 hours per week in those establishments where the nature of work requires performing work in rotation, and this is with the condition that the average working hours do not exceed eight hours a day or 48 hours a week.

Al-Ahmadi indicated that Article 101 of the Labor Law has been amended to read as follows: “Working hours and rest periods are regulated during the day, so that the worker does not work for more than five consecutive hours without a period of rest, prayer and food of not less than half an hour at a time during the total working hours, and so that the worker does not remain at the workplace for more than 12 hours per day.”

She pointed out that the Labor Law granted the employer exceptions in giving weekly off during occasions such as the annual inventory work, budget preparation, liquidation of establishment, closing accounts, preparing for discount sale, preparing for seasons, holidays and other occasions and seasonal work, provided that the number of days in which workers are required to work for such occasions does not exceed 30 days per year.

In all cases, the actual working hours may not exceed 10 hours per day or 60 hours per week. The minister shall take a decision with regard to the maximum number of additional working hours allowed per year.