Labor issues

THE INFLUX OF FILIPINO workers in Japan has brought with it a compendium of labor problems that have put the struggling OFW in a compromising position. Employer – employee relationships, especially under so-called “manpower brokers,” have resulted in the exploitation of Filipinos and the inordinate accumulation of wealth by these powerful agencies at the expense of the pathetic worker.

Those who work under manpower agencies know what I mean. For instance, the broker pays the worker 900 yen per hour, however, the actual hourly rate that the contracting company pays to the agency is equivalent to 1300 or 1500 yen. Undoubtedly, loads of money go to the broker, and yet all it does is provide the manpower, which is never in short supply anyway. If the agency has 100 workers, each putting in 40 hours per week, the broker rakes in roughly 6.4 million yen per month net! Yet most of them do not even provide benefits such as paid leaves, insurance, or even gasoline allowance. There is no security of tenure and the worker can be dismissed under the flimsiest of reasons.

The absence of a written contract makes all these possible. After all, a person without a valid working visa, which some of these brokers primarily victimize, cannot legally sign a working agreement. And this puts them at the mercy of the agency.

Some of these brokers deduct a substantial amount from the workers’ wage as “withholding tax” without remitting the funds to the government. This is clearly illegal, and the Japanese government should investigate these cases. If the broker deducts a substantial amount from your paycheck for “tax” purposes, make sure that you receive an income tax return or an official notice from the broker that your money has been remitted to the government in case you decide to file your own income statement. If the broker cannot provide this document, you have a case in hand and you can bring your crooked broker down through tax evasion charges. It is bad enough that the broker already earned inordinately from your sweat, it is evil if he mulcts you of your rightful earnings.

Those without a valid working visa are apparently at a disadvantage, and exploitative brokers happily know this. That is why they continue to hire them. I personally know of one broker whose roster is full of illegal workers. Nonetheless, it is the agency which has violated the law for providing the opportunity. The lure of money, esp. easy money, is irresistible. And brokers know that those working illegally apparently cannot raise a howl even if they are under exploitative conditions.

Japan’s labor laws, however, apply to all workers, documented or not. In 1989, the Labor Ministry announced that “Japanese labor laws protect all people working in Japan, regardless of their nationality or visa status.” Even “overstayers” or bilog are protected by labor laws.

Moreover, dismissals should also be done legally. The law clearly stipulates that “If an employer wishes to dismiss an employee, the employer shall provide at least 30 days’ advance notice. An employer who does not give 30 days’ advance notice shall pay the average wages for the number of days short of 30 days.” If you are terminated with only a day’s or a week’s notice, and esp. if the reason is flimsy, you, again, have a case against your exploitative broker and you can bring him to court.

The law also stipulates that “An employer shall grant an annual paid holiday of 10 consecutive working days or the same divided into parts to employees who have been employed for 6 consecutive months and who had at least 80 percent attendance.” I know of some workers who toil from 7 a.m. to 9 p.m. with only an hour’s lunch break. Sometimes, they work even on Sunday. Yet despite this, they haven’t had a paid vacation in years.

We consulted the Philippine Embassy’s labor representative regarding these matters during a forum held in Tsukuba last month. Josephine Sanchez, the welfare officer, said that the aggrieved party has the right to bring these violations to Japan’s labor bureau. While she said that a written contract may be necessary to push the matter, Atty. Sofronio Cortel added that because the broker has hired you (with pay slips as evidence), an “unwritten contract” exists and that a sworn statement is enough to establish the case.

Another exploitative practice that many brokers do is illustrated in this scenario. The agency hires workers and arranges their housing near the factory site. If the apartment plus utilities costs 40,000 yen per month and if 4 persons are accommodated, it is appropriate that this amount be divided into 4. Each person should pay only 10,000 yen monthly. However, come pay day and each of the 4 workers living in the same apartment see a 40,000-yen deduction from each of their pay checks. Is this evil or what?

I also know of a case somewhere in the south of Japan where the Filipino workers in a big multinational company are under two manpower brokers. As such, each of these brokers deduct a substantial amount from the OFW’s paycheck, leaving them with a much lower wage compared to Brazilian workers who do the same job but who are under only one agency. As such, the workers can only dream of a pay raise, causing them to leave at the slightest chance. Last time I heard, most of these Filipinos have moved to SONY where the pay is more just.

What we see here are clear examples of man’s inhumanity to others. Driven by greed, these brokers exploit Filipinos without the slightest tinge of conscience or regret. Money is their only motive and they can’t seem to get enough. Truly indeed, it is difficult to be content with little, it is impossible to be content with much. Money blinds values. Martin Luther King Jr. once said, "We are prone to judge success by the index of our salaries or the size of our automobile rather than by the quality of our service and relationship to mankind."

But read my lips. Even if the exploited do not raise a howl, the culprits cannot run away from their evildoing. The karmic law is universal. In His time, God’s poetic justice will be served. *

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You may email the author at butch@philippinestoday.net