Thursday, July 23, 2009

gusto mo magtrabaho sa mongolia?

Ilan na rin sa mga Pinoys sa Mongolia ang umalis nitong nakaraang taon, at paalis din sa mga susunod na buwan. Akala natin pakonti na lang tayo dito. Kala lang natin yun.

Actually it seems that more Pinoys are coming here pero di lang natin sila nasisilayan, or at least di naka kaconnect sa *mainstream* pinoy community dito, altho minsan natitisod din natin sa kung saan-saan. Napapabalita na rin na ilan sa kanila (mukhang padami) ang nagkakaroon ng problema kaugnay ng work visas and permits, illegal (overstaying) alien status, poor working conditions, etc.

Medyo nagbabago ang demographics or katangian ng mga Pinoy sa Mongolia. More than three years or so ago, karamihan ay mga nasa church mission, social development work, professionals and skilled workers sa mga economic enterprises. Currently, tumataas ang bilang ng mga domestic workers, kasunod ang mga teachers, a few sa construction industry.

Tinatayang mas dadami pa ang Pinoy OFWs gaya ng mga domestic workers and possibly teachers sa Mongolia. Nagiging status symbol sa mga Mongolians ang magkaroon ng Pinay na househelp. Nakakatulong din sa sikat-image ng mga private schools ang may mga foreign teachers. Eh bakit Pinoys ang gusto nila ? As elsewhere --- the Pinoys are known for being good and competent workers. At sulit..tatanggap ng murang sweldo, di mareklamo, etc.

I'm posting below an excerpt from the Mongolian Labor Law on Sending and Receiving Labor Force and Specialists from Abroad (April 2001). Susubukan nating alamin kung may mga revisions or pagbabago sa mga isinasaad dito.

Sa ngayon, mga paalalang mahalaga sa mga gustong makipagsapalaran sa Mongolia, at ganun din sa mga Pinoys sa Mongolia na nagmagandang loob para hanapan ng trabaho dito ang mga kamag anak o kaibigan:

- Siguraduhin na may legal na papeles e.g. kontrata, work permits bago pa man tumungo sa Mongolia;

- Alamin ang mga legal requirements, conditions, etc bago mag decision na tanggapin ang trabaho sa Mongolia. Puedeng humingi ng tulong for information sa pinoy community ( email pinoymongolia@yahoogroups.com) or sa Philippine embassy sa Beijing, which is also responsible for Mongolia ;

- Usually pinapapasok ang worker on tourist visa, which entitles Pinoys to stay in Mongolia for 21 days. Dapat mai register at masimulan ang proceso para mai convert ang tourist visa into a working visa within two days of arrival. Ito ay relatively madali lamang na proceso kung sa umpisa pa lang ay may approval na mula sa Labor Regulation office at Ministry of Foreign Affairs ang pag hire ng worker.

- Pag ang passport ay natatakan ng working visa, ang worker ay bibigyan ang Mongolian government ng *blue card* which is a kind of identity card for a foreign worker in Mongolia;

- Ang employer ang nag poprocess ng work permit. Ngunit kadalasan, di naiibabalik sa worker ang kanyang passport dahil either : a] walang balak ang employer na kunan ng work permit ang domestic worker dahil medyo complikado ang requirements/proceso at mataas ang dagdag na bayad sa gobyerno, b] gustong manigurado ng employer na di basta makaalis (makauwi o makahanap ng ibang amo) ang worker. NGUNIT ang passport ay pag aari ng Philippine government at ito ay dapat nasa safekeeping ng Pinoy na pinagkalooban nito. Walang karapatan ang employer na i-hold o ipagkait ito sa passport holder.

- ang monthly minimum wage sa Mongolia ay Mnt108,000 (more or less $75) at di lumalampas sa 40 hrs per week na trabaho.

- pag may bulilyaso, maaring ang kaso ng worker ay mahuhulog sa crimes na human trafficking at human smuggling. biktima ang worker, pero maaring makasuhan ang recruiter (lalo na kung tumaggap ng mediation or recruitment fee ang nagpasok sa trabaho).

At marami pa... subukan nating ituloy ang pagtalakay sa temang ito sa sunod na blog posts.

Article 7.- General conditions of agreement on receiving labor force and specialists
from abroad

7.1 Economic entity, organization and citizen /hereinafter referred to as , ‘organization”/ may
conclude an agreement with foreign legal body on receiving labor force and specialists from
abroad on jobs and professions requiring high - professional skills for the purpose of introducing
progressive techniques and technologies in science, education and production, dealing with
new production and services, assembling, maintaining equipment. and implementing projects.
7.2. The following general conditions are indicated in agreement on receiving labor force and
specialists from abroad:
7. 2.1. name of organization and job to be performed by a foreign citizen;
7.2.2. profession and name of workplace of a foreign citizen, number of foreign citizens
to be employed;
7.2.3. health requirements of a foreign citizen;
7.2.4. condictions of mutual recognition of documents certifying profession and
education level;
7.2.5 the length of agreement, its expiration date and terms of annulment;
7.2.6. wage amount;
7.2.7. occupational safety and health, working conditions, work and holiday regime;
7.2.8. accommodation and welfare facilities,
7.2.9. social insurance-related issues
7.2.10. methods and types of settling disputes to arise from the implementation of
agreement
and 1abor dispute.
7.3. In the case domestic labor force can not be supplied for implementing nationwide sizeable
programs and projects, building construction and required for eradicating hazards of national
calamities and disasters, labor force may be received from abroad on the basis of decision of
the Government.
7.4. In the case foreign citizen lost his/her life from being exposed to natural calamities, fire
and flood, he or she is to be granted assistance and support by the Government of Mongolia
likewise a citizen of Mongolia.
7.5. In the case of losing life and getting the disabled from being exposed to industrial accident,
acute poisoning and occupational diseases, an organization employed a foreign citizen is to
fully fulfill its relevant obligations.
Article 8. Receiving labor force and specialists from abroad
8.1 Organization must preliminary get a mediation permission from state central administrative
organization in charge of labor affairs, and its competent organizations /hereinafter referred
to as “competent” organization/ prior to receiving labor force and specialists from abroad.
8.2. Organization prepares the following documents in order to take a permission indicated in
8.1 of this law:
8.2.1. official letter indicating in detail the needs of receiving labor force and specialists
from abroad, size and length of job and services to perform, industrial specifics, location,
profession, work experience and skills of a foreign citizen;
8.2.2. copy of registration certificate of economic entity, organization and foreign
investment economic entity confirmed by notary;
8.2.3. agreement concluded with foreign legal body regarding receiving labor force
and specialists from abroad;
8.2.4. copy of foreign passport of a foreign citizen;
8.2.5. copy of professional certificate and diploma of a foreign;
8.2.6. reference letter from sectoral ministry and agency to employ;
8.2.7. proposal and comments given by Agency in charge of foreign citizens and
citizenship issues regarding foreign citizen and his/her family members;
8.2.8. comments by local employment service regarding the needs and demands of
receiving, labor force and specialists from abroad in certain organization.
8.3. Competent organization grants permission of employment in Mongolia within the
percentage and number fixed by the Government on the basis of receiving and checking
relevant documents.
8.4. Permission of employment is given for up to one year and its length is extended in
accordance with 8.2 and 8.3 of this law on the basis of receiving and checking organization’s
request, results of performed job and service, and grounds for extended employment.
8.5. Organization having a foreign citizen arrived in Mongolia in accordance with permission
of employment must register in the Agency in charge of foreign citizens and citizenship issues.
8.6. In the case a foreign citizen granted permission of employment … a contract of employment
concluded with organization, competent organization makes a decision of granting permission
in accordance with adequate procedure on the basis of reference by an organization, a foreign
citizen employed in, and grounds for …. a contract of employment.
8.7. In the case a foreign citizen granted permission of employment in Mongolia has not
fulfilled his/her duties and obligations of a contract of employment concluded with certain
organization, breached the provisions of a contract, and moved foe employment in their
organizations and locations without getting permission, the permission of employment is
annulled by relevant competent organization on the basis of reference by organization and
the notification is forwarded to ….
8.8. Length of permission of employment for foreign citizen is accounted starting from request
In the form of an official letter indicated in 8.2.1 of this law.
8.9. Procedure of service and payment amount of granting permission of etl1ployment to
foreign citizen are approved by government members for labor and financial affairs jointly.
Article 9. Workplace payment, its amount
9.1 Economic entity, organization and a citizen pays workplace payment in the amount indicated
in 9.2 of this law for providing a foreign citizen with workplace and ensuring the employment
and service with income.
9.2 Monthly workplace amount is equal to 2 times of the minimum wage approved by
Government of Mongolia per foreign citizen.
9.3. Workplace payment is concentrated in employment promotion fund and utilized for
measures to generate workplace and reduce unemployment.
9.4. The payment indicated in this article is not extended to foreign citizens being employed
in foreign diplomatic representative and consular offices, resident representative offices of
international organizations, specialists and workers being employed in education and science
sector by contract, and if it is indicated in the agreement, foreign specialists and workers
being employed by inter-government agreement.
9.5. The Government approves regulation on workplace payment