Kav La'Oved has been cooperating with Kakammpi, a Philippine organization for the protection of overseas workers. In the framework of our cooperation, the following informative document has been produced. We hereby provide you with the full report.

Kakammpi Report Series No. 4 / April 2000

One of the main concerns of Kakammpi (Kapisanan ng mga Kamang-anak ng Migranteng Manggagawang Pilipino, Inc.) is to actively provide information on specific issues related to Filipino overseas migration. This case study of Kakammpi focuses on the overseas Filipino workers in Israel and the illegal recruitment system and payments related to employment-contracts. The study is based on the data produced both by Kakammpi and Kav La Oved (an Israeli non-government organization (NGO) that cooperates with Kakammpi): the questionnaire survey made in Israel on September 1998 (see Appendixes) and personal testimonies of some victims documented by Kav La Oved and Kakammpi. Our main purpose is to inform concerned governmental agencies about the issue, and hopefully spur them to action to prevent the illegal escort service at the Ninoy Aquino International Airport (NAIA).

For over 25 years labor export has been a program of the Philippine government to ease unemployment and to boost needed foreign currency reserves. According to some estimates there are some 7 million overseas Filipinos in more than 180 countries worldwide. The figure of seven million is divided into nearly three million Filipino emigrants, and into over four million Filipino overseas workers – both documented and undocumented. The top five destinations of overseas Filipino workers (OFWs) are Saudi Arabia, Malaysia, Taiwan, Japan, and Hong Kong. Despite the world financial crisis at the end of 1990s, the deployment of OFWs has continuously increased culminating in the year 1998 when the figures were highest ever.

Over the years labor export has become a cornerstone of the government’s development strategy. In addition to benefiting government, the phenomenon is also profitable for industry, travel agencies, airlines, telecommunications, banks, insurance agencies, and families left behind. But benefits do not come without costs on the migrants’ health, family relationships, and even lives. Especially vulnerable for exploitation are those workers illegally recruited. There are thousands of reported cases of unpaid salaries, breach of contracts, imprisonment, and maltreatment, among other kinds of exploitation.

The presence of large numbers of migrant workers in Israel is a fairly recent phenomenon characterized for the most part by an ad-hoc decision-making process, and the apparent absence of considered long-term policy calculations. At present, there are nearly 30,000 Filipino nationals employed in Israel as migrant workers. Most of the workers are women, working as caregivers to elderly, chronically sick and disabled citizens. The distressing problems related to Filipino employment in Israel are many. There is a general negligence practiced by the Israeli government in regard to all migrant workers; the Labor Ministry does not protect the workers from exploitation by the employers; the welfare departments of the local councils do not provide services to them; the Health Ministry neglects their health; the Interior Ministry follows a harsh policy toward them that focuses on deportation; the police do little to deal with their complaints and prefer to arrest them instead.

The State of Israel offers no information or assistance service to migrant workers, for free or otherwise. The entire process of recruiting, transporting and employing migrant workers is carried out by private manpower companies. In addition there are many Filipinos departing for Israel without registration as overseas workers with the Philippine government, and thus they are unrecognized by the authorities. As a result, many workers are misled regarding the work they will be performing, the terms of remuneration, and even the legality of their employment in Israel. Migrant workers are not provided any substantial information before departure or upon arrival, concerning details on the general conditions in Israel, nor are they informed or provided with information on their labor and civil rights, and responsibilities in the country.

One main concern has been the practice of illegal recruitment, and the means to prevent it. In 1998, while Ellene Sana (Advocacy Officer, Kakammpi) visited Israel, Kav La Oved and Kakammpi produced a questionnaire to ascertain the actual recruitment process and the cost it entails to land a job in Israel. The focus group of the questionnaire was overseas Filipino workers on-site. Findings that were made speak out well about the existence of illegal recruitment of migrants in Israel, as well as the collection of illegal exorbitant payments purportedly for the processing of the papers and the escort services at the NAIA. The fees collected from the workers ranged from P82,000 to P180,000.

The Philippine Embassy in Tel Aviv requires prospective employers to accomplish a POEA¨ -prescribed employment contract available at the embassy. There is feedback, however, both from OFWs and Israeli recruitment agencies that the POEA-contract does not stipulate the actual terms of employment agreed upon between worker and employer. In fact, where available, a second employment contract is accomplished for this purpose. More importantly, the minimum basic rights of workers in accordance with Israeli law are not clearly stipulated in the POEA-contract, and thus give more room for maneuvers by employers, and thus more room for exploitation of the workers.

The working permits granted by the Labor and Interior Ministries allow workers to work just

as care providers for their employer. Most, however, are required to perform other household duties for other family members. The work visas bind the worker to a single employer and condition his/her legal status in Israel on continued employment with this single, identified employer. Thus in case the worker leaves this original employer, for whatever reason – even disagreements, like unpaid salaries – the visa is no longer valid, and the worker loses his legal status in the country. Furthermore, membership in the Histadrut Labor Federation is denied to non-citizens.

A much-used argument whenever workers’ rights are discussed is competition and marketability. The concern is that if OFWs demand higher wages and higher standards for employment then they will probably reduce, if not lose their marketability because of stiff competition among migrant workers in Israel. Even though there is a minimum wage law in Israel, employers have a choice to go for the lowest bidders. According to some estimates 70% of foreign workers earn less than the minimum wage, and the present laws do not promise any salvation.

The practice of illegal recruitment, or charging of high fees compounded by usurious interest payments for the “right“ to work abroad, seems to be quite common since most of the Filipinos in Israel come to the country as tourists or undocumented workers. Once in Israel it is easy to legalize one’s stay and work there, so many OFWs do not see the need to go through the POEA and have themselves registered as legal OFWs. The workers think that POEA would only extract more money from them than what the scrupulous agencies and escort services demand. At the same time Israeli agencies observe that POEA requires too many documents for the recruitment of workers. So, instead of passing through POEA, OFWs prefer contacting illegal recruiters.

Despite the fact that it is illegal to collect money from the worker, agencies usually co-operate with their local recruiters and charge the worker various fees: from US$ 1,800 to US$ 4,200 (P72,000 to P168,000). Twelve out from twenty-three interviewed Filipino workers in Israel had paid service fee for the Israeli agency: from 2,000 to 3,000 US dollars (P80,000 to P120,000) on average (see Appendix 2). The law in Israel that prohibits the exacting offees from workers by personnel companies or agencies:

Based on the findings of the questionnaire survey made by Kakammpi and Kav La Oved in Israel there are workers who have been illegally recruited and made to pay for escort services at NAIA ranging from P6,000 up to P13,000 (see Appendix 2).

To cite a case, in 1997 the relatives of three women OFWs in Israel approached Kakammpi for assistance. The OFWs were victims of illegal recruitment and illegal exaction of fees. Upon investigation, Kakammpi found out there were at least four of them in the same situation and victimized by one and the same recruiter. They were all being sued by the illegal recruiter for non-payment of loans in the amount of US$4,200 (P168,000) and P12,000. These loans were actually imaginary or virtual loans since the victims received no sum of money at all. The dollar amount purportedly covered the placement fee for a job placement in Israel. The peso amount was for escort service at the NAIA to ensure that the workers would be able to board the plane despite the absence of proper working visas to Israel. The women were all recruited in 1996: in August, September, and November.

The peso loan for the escort fee was to be paid in one month's time after which a 5% monthly interest would be charged. The dollar loan, on the other hand, was to be paid to the Israel-based recruiter within a year, after which again a monthly interest of 5% would be imposed for the unpaid amount. Failure to pay off the debts would mean a claim from the court for not honoring the loan agreement and risk confiscation of assets and properties.

One of the pressing labor migration concerns is illegal recruitment, and the collection of exorbitant fees that goes with it. These twin schemes only serve to exacerbate the oppression and exploitation of thousands, and even millions, of Filipino migrant workers whose first violation of their basic human right came about when they were forced to embrace the option of labor migration.

On the part of the Philippine government, there is much to be done in terms of actualizing services and protection to the OFWs, the country's modern-day heroes. Specifically in curbing illegal recruitment, the political will of government is grossly inadequate if not totally absent. The element of deterrence is almost always absent, as in the case of Israel where recruiters are rarely punished, prosecuted or fined even if faults are found. Therefore they tend to continue violating the law and victimizing the migrant workers.

In spite of the many international instruments and conventions for migrants' welfare already existing, there are still many limitations to be subjugated. So far, it seems that only migrant sending countries have ratified the UN Convention on the Protection of the Rights of Migrant Workers and Members of Their Families. Because the outflow of Filipino workers is likely to continue for many years, there is a need for strong cooperation and joint actions between sending and receiving governments. #

Kav La Oved and KAKAMMPI, 1998.

1. In the Philippines

How did you learn about the employment in Israel?

Relatives: ____ Agency: ____ Others: ____

(If processed by agency:)

Name, address, and telephone of agency in the Philippines: ___________________________

Name, address, and telephone of agency in Israel: __________________________________

How long did the processing take place? __________________

If from province, did you stay in Manila for the processing of your papers?

____Yes ____No

How did you sustain yourself during this period?

____Savings ____Agency ____Relatives ____Others

How much did you spend to be able to go/ work in Israel? _______ (Estimated total amount)

Did you borrow money to pay for these? _____Yes _____No

If yes, to whom? ____Agency ____Relative ____Friend ____Bank ____Others

At what interest per month? _________

What is the mode of payment? ______ periodic payments ______salary deduction

Did you sign any work contract before you go to Israel? _____Yes _____No

Were you aware of your rights as a migrant worker before you went to Israel? ___Yes ___No

When did you arrive in Israel? ________

(Optional) Name: ________________________________________

Address in the Philippines: _____________________________________________________