Overseas Filipino workers (OFWs) abandoned by their employers should immediately inform the UAE Ministry of Human Resources and Emiratisation (MOHRE) as doing so would entitle them to a temporary work permit while the case is being addressed.
Atty. Barney Almazar of Gulf Law explained OFWs could be better off this way than letting the employment visa expire while looking for another job, in which case they could face fines.
“Basta ang important is to report it within two months. Kasi, if they don’t and they keep using the visa knowing na hindi na sila talaga employed, then they are violating labor and immigration rules ng UAE.
“Ayaw i-report ng mga empleyado kasi nga if ma-cancel na ang visa, they would need to find work in 30 days,” Almazar said. “So what they do is not to report until they find a new work. Minsan, inabot na rin ng visa expiration, hindi pa rin nairi-report that the employer has absconded,” he added.
In cases like this, Almazar said, OFWs will no longer be treated as victims. “They also abused the situation so they will also be asked to pay fines,” he said.
Steps
There are steps to the process, Almazar further explained.
First, the abandoned employees have two months to inform MOHRE; if their employment was processed thru an agent, they can claim against the recruitment agency in the Philippines by way of the UAE government agency.
“Basta ang important is to report it within two months. Kasi if they don’t and they keep using the visa knowing na hindi na sila talaga employed, then they are violating labor and immigration rules ng UAE,” Almazar said.
In cases where the employees were on visit visas and had their status converted to employment visas by their employer who eventually ran away, Almazar said the recourse would be to have MOHRE and Immigration prove that he has been out of the country by way of checking exit and entry reports.
“So MOHRE and Immigration will try to locate him or contact him first. If based on the investigation, it was established that the employer has indeed fled, then the (employees’ work) visas will be cancelled,” Almazar said.
But he clarified that this would take a process of “deregistering” the company which could not be consummated until all employees are paid their dues.
“Before the license could be cancelled, it is required to cancel all employment visas and pay all employees as well as creditors like utilities companies. Deregistering can be done only when all this requirements have been cleared,” Almazar said.
In the meantime, the affected employees can file for a temporary work permit and use it pending resolution of the case “so they can work legally for another entity.”
