Showing posts with label LAW. Show all posts
Showing posts with label LAW. Show all posts

Tuesday, August 6, 2013

#ENDviolence Against Children

One of my post on my Facebook account last few days is my LSS - "Bawat bata sa ating mundo ay may pangalan, may karapatan..." And every time I heard that song I can't help myself to think those children on the street begging for food, innocent children that need to work instead of being in school, children who are beaten by their own parents and even those who serves as their guardian to protect and give love. Let's face it, its not only in the movie na may mga bata na nagagamit sa mga maling gawain ng mga sindikato or ng kung sino-sinong tao, nakakalungkot pero totoo. Kahit saang bansa yata may mga ganitong scenario, dala nga ba ito ng kahirapan? may magagawa pa tayo to stop those maltreatment? kung may magagawa ka, are you willing to do and give your part?
The simplest definition I got about child abuse - it is the physical, mental, sexual or emotional maltreatment or neglect to a child or children.  This plain definition is not as simple as that as child abuse or violence against children can happen everywhere, I remember one commercial ads aired way back years in Philippines "safe ka ba sa bahay mo?' How many featured lives of maltreatment, violence and crime of children were seen in documentary shows in tv, in the news and in newspaper that those violence happened even inside the house.
As a Filipino citizen, single ka man, may kapatid or wala, we must be aware on the rights of the children. Under the Civil-Family Code, CHILD AND WELFARE CODE children has so many rights that we must observe and provide to them. We must be aware of that, hindi mo pwedeng sabihin na hindi mo alam ang batas at wala kang pakialam sa welfare ng bata kasi di mo naman kaano-ano, ok fine, pero kaya ba ng konsensya mo?
UNICEF (United Nation Children's Fund), works for children's rights and survival, development and protection. Last July 31, 2013 UNICEF launched the #END Violence against children.
Through some infographics UNICEF are continuously trying to open the eyes of each individual about violence against children.
Did you know that...
 



 

 


According to UNICEF, violence against children is everywhere but people turn a blind eye. Its hidden behind closed doors. Its invisible.
All children has the right to live free from violence. Violence which harms them physically, emotionally and mentally. Violence that hinder them to live normal and at peace.
Violence against children is entirely preventable, when and if only people come together and say its not acceptable. Lets make the invisible visible and fight the rights of the children. End the violence against them.
Join the global movement to end violence against children!
 

Simple right? so lets start spreading #ENDviolence and help those children who are suffering violence.
I want to take this opportunity also to invite you to support UNICEF Philippines on their campaigns and projects protecting our own Filipino children.  You can be a volunteer and take action on children's rights or be a part of "champions for children" Helping children to survive and thrive is a team effort. That is why UNICEF Philippines counts on corporate and individual donations to continue its work for children all over the archipelago. Click here if you want to donate - DONATE NOW
In same date when UNICEF launch the #ENDviolence, an independent film BOSES was shown in all SM cinemas. 

"Boses (Voices) is the story of a musician named Ariel who offers violin lessons to a child of the slums. Through the violin, the abused child Onyok is able to get back his voice from a mute, desensitized existence. A violin teacher and his student, a mute 7-year old abused child in a shelter, develop a friendship stemming from their love of music. Ariel discovers the immense talent of Onyok hiding behind a veneer of silence and pain caused by an unhappy and cruel father. In the developing relationship of teacher and student, both characters reveal more of themselves that otherwise may have remained unspoken. They discover each other's strengths and failures through the violin lessons"

Moviegoers who watched Boses in SM cinemas also seen the Invisible video featuring UNICEF ambassador Liam Neeson; the heartbreaking video that urges people to speak out and respond to the issue of child protection is appended to the Boses main picture.
I read some reviews that it was also shown in some depressive areas in Metro Manila where children were gathered in gymnasium as well as parents to watch the movie. Its one way of educating people as well and spread the campaign of UNICEF.
After the movie, UNICEF are also explaining their campaign on ending the violence against the children.
Sabi ni Rizal "ang kabataan ang pag-asa ng bayan" but how can we fulfilled it kung sa murang edad pa lamang ay napapariwara na ang buhay nila. How can we have good leaders if our children today is on the street and working hard instead of studying inside their classrooms. Maybe you'll think I'm being an idealist pero isipin natin nasa kanila talaga nakakasalalay kung anong future ang meron sa mga susunod na generation. Kung hindi natin sila aalagaan at mamahalin baka wala nang susunod na henerasyon.
All of us once in our life became a child, we are blessed that we didn't experience violence, so may those happy memories we have on our childhood will be an inspiration to move and fight the rights of the children today. Nobody wants violence but if we will just keep our eyes blind and lips closed many children will continue to suffer.
By simply sharing this information, we will able to help
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Behold, children are a heritage from the Lord, the fruit of the womb a reward. Like arrows in the hand of a warrior are the children of one's youth. Blessed is the man who fills his quiver with them! He shall not be put to shame when he speaks with his enemies in the gate. - Psalm 127:3-5

Thursday, July 11, 2013

Official Clarifies ID Fine Confusion

July 9, 2013 Tuesday when the new Qatar Rules on ID card spread all over the social medias and even in emails as well as memo disseminated by embassies of different country. This morning Peninsula newspaper published the clarifications made by officials regarding to the confusion of many expatriates regarding the 10,000 QR fine .

BY MOBIN PANDIT and MOHAMED OSMAN

DOHA: It is not a crime punishable with a fine if an expatriate does not carry with him his Qatar identity (ID) card, a senior official from the Ministry of Interior has clarified.
However, if one refuses to produce any identification document (ID or passport) despite the insistence of a law-enforcement official, he would be taken to task.
He would be referred to the court at the ministry’s Search and Follow-Up Department (SFD) through the department’s prosecution. The court can impose a fine of up to QR10,000 on such a person. That is the maximum fine, but if he admits his mistake with the Prosecution, he could walk away with a “reconciliatory” fine of QR1,000.
And even if the erring person is referred to the SFD court by the Prosecution, the court could impose a fine of just QR1,000. “It is the court’s discretion.”
The Director of the SFD, Brigadier Nasser Mohamed Eisa Al Sayed, told The Peninsula yesterday that sleuths from his department always demand ID from suspects.
For example, someone driving late in the night can be stopped by the SFD personnel and asked to produce his identification.
In situations where someone is unable to produce ID or passport, one would be held back until one proves who he is. “Once you prove who you are, you can walk away.”
Asked what happens to people who go on long walks or jog or do some sporting activity and leave their IDs behind in their cars, Al Sayed said: “ID is always demanded from suspects, not from such people”.
The official said sections of the local media have carried misleading reports, creating confusion on the ID issue. “What they have reported is not true.” 
The reports that went viral on the local social media were based on an interface of the Interior Ministry with representatives of expatriate communities on Sunday. Many people found it surprising that such a huge fine could be imposed for not carrying one’s ID. 
Al Sayed reiterated: “You are committing a crime only when you refuse to produce any identification document on the insistence of a law-enforcement official. Just not carrying your ID isn’t an offence punishable with a fine.”
Talking about passports of expatriates, the SFD Director said that legally the employee should keep it with him. Many companies and personal sponsors prefer to keep the passports of their expatriate employees. This is to avoid complications like delay in getting an employee’s residence permit (RP) renewed in time because it is a sponsor’s responsibility.
“Workers sometimes forget to renew their RPs if they have their passports with them,” said Al Sayed.
However, if a worker asks for his passport from his employer, he must give it to him. “If he refuses, the worker can approach the SFD and file a formal complaint. Action would be taken against the sponsor because he doesn’t have the right to refuse to part with an employee’s passport”.
About the ministry’s meeting (seminar on issues like community policing and visa and related issues) with the expatriate communities, Al Sayed said he didn’t attend it. “I wasn’t there but sections of the print media have even used my file picture with the misleading report about the ID issue, while the presentation was actually made by a colleague.”
The Peninsula

Tuesday, July 9, 2013

Qatar Law on ID and Others

Being an expatriate in other countries, we MUST always follow their rules, policies, regulations, and laws. I mean not only in other countries, much more in our own countries, how I wish all Filipinos has a heart and mind to follow even the simplest laws in the Philippines.
I remember my former professor in MPA, Judge Norberto Arellano said "kung gusto nating maging katulad ng ibang bansa we need to replace Filipinos" - get the logic guys? We cannot totally change Philippines, I mean 100% but we can eradicate or minimize disobedient and live as abiding citizen. Sometimes I just wondered too, bakit nga kapag nasa ibang bansa ang bilis nating sumunod, pero kapag sarili nating mga batas sa Pilipinas, complain before obey muna, hindi ba pwedeng obey first before you complain.
Early this morning, I saw several posts on Facebook about Qatar ID and the fine you need to pay if you will be check without having it with you.
Qatar ID is the residence permit ID card of each person who are living in Qatar whether your are a citizen or expatriate. It is a proof that you are a legal resident of Qatar. When I arrived here in Qatar 2006, may mga nagchecheck talaga na mga authorities, one night they are in the R/A then bigla nilang ipapa-stop ang sasakyan at ichecheck ang Qatar ID that time wala pa kaming ID kasi few days pa lang kami, pero we have our passports and visa, good thing isang ID lang ang hiningi sa pinsan ko lang, sya rin kasi ang nagdadrive.
Recently, Qatar changes from time to time its policies in securing VISA for the expatriates and maybe one of the reason also for them to tighten their rules on Qatar ID.
This morning this photo was widely spread in social media sites
From Gulf Times newspaper by Staff reporter - Joseph Varghese 
 
All residents should always carry their Residence Permit ID Cards or proof of residence and should produce it whenever asked by authorities concerned, said Brig Nasser Mohamed Eisa al-Sayed, director, Search and Follow-Up Department, during a community interaction seminar held at the headquarters of the Traffic department on Sunday.
Those who violate the rule will be fined up to QR10,000. Brig al-Sayed also said that the Ministry of Interior can transfer the sponsorship of expatriates, if they proved that they were abused by sponsors as per the Law No 4/2009.
Addressing various community leaders in Qatar, Brig al-Sayed said that the Ministry of Interior would publish guides on rights and obligations of expat workers in different languages. He pointed out: “We spend maximum efforts in providing proper help and solve the problems of expats without any discrimination as all are equal before law.  All expats irrespective of their identity and culture shall abide by the rules of the county.”
Specifying some of the rules and regulations, the official said that the use of private vehicles as taxis was a clear violation of the traffic law. He said: “Fines will be levied upon the offenders. It may also lead to deportation as the person violates the purpose of residence permit given to him, which is a clear violation of Residence Law No 4/2009.”
He further said that sheltering workers and housemaids who abscond from their employers is a crime. He said: “Violators of this rule will be dealt with strictly to eliminate the issue of absconding. Providing shelter for absconding workers is punishable as per Qatari Penal Code with imprisonment not exceeding two years and fine of maximum QR 10,000 or any one of them.”
We Filipinos are fortunate to have OWWA who assist and accommodate our kababayan whenever they faced "pang-aabuso" If you happen to encounter kababayans na tumakas po sa mga amo nila, dalhin po natin kaagad sa OWWA office, kasi nga po as an ordinary expatriates hindi natin sila pwedeng itago kasi punishable by Qatar Penal Code po yon kapag nalaman ng mga authorities na tinatago natin sila. 

The official added that if a person engages in selling items at public places or on streets on his own, it is a crime. “This is in violation of Article 11 of Residential Law No 4/2009 which stipulates that one should stick to the purpose of residence permit. He has to work for his sponsor and should not work on his own,” he added.

Punishable by Qatar law din po yung mga sideline jobs, its against the law po kasi na magtrabaho sa hindi mo sponsor, one of the reason na rin po kaya mahigpit sila sa pag-iissue ng visa, free lance visa is one example of this violation, kaya kung meron po tayong mga kakilalang may mga free lance visa at sa iba sila nagtratrabaho paalalahanan po natin sila.
 
Brig al-Sayed observed that if any sponsor refuses exit permit to any worker or if the sponsor is out of country and nobody is there to represent him, the Search and Follow-up Department (SFD) has some legal procedures that will ensure the travel of a migrant worker.
He explained: “If any expatriate faces a problem from his sponsor with regard to getting the exit permit for him, the SFD will study the application to get an exit permit to allow him leave the country temporarily or permanently and the department will implement the rules and regulations in this matter.”
Further to this, al-Sayed highlighted that the violators of the law No 4/2009 who voluntary surrender to SFD for leaving the country, will never be detained and will be sent back home without detention after completing the procedures.
“If an expatriate, against whom an absconding complaint has been registered, approaches us with an application, we will study it without arresting him. We will facilitate the violators for reconciliation and payment of reconciliation fine instead of taking legal procedures against them,” he added.

Living in any country, we are bounded to whatever laws they have and we must follow. Kahit gaano pang kahigpit or gaano man tayong hindi kasang-ayon sa mga batas nila, we can do nothing than to obey. Ignorance of the law excuses no one applies to all laws, hindi natin pwedeng sabihin na hindi natin alam, kasi kung may unang-una tayong dapat malaman kapag nagpunta tayo sa kahit anong bansa yun ay ang kung ano ang batas nila.
Let's just follow and obey for whatever Qatar law says, anyway its for sure for our own safety too.

Monday, July 8, 2013

Kasambahay Law 101

I grew up with a nanny but that doesn't mean that we're rich, its just my parents are both working that time. Yun kasi yung first instict ng iba na kapag may kasambahay, maid, or yaya mayaman ka, pero the truth is may mga instances na kailangan talaga natin ang serbisyo nila.
Marami-rami din kaming naging kasambahay - may kasambahay kami na pinagaral pa ng parents ko pero sympre nung makagraduate na sya she decided na humanap ng ibang work, parang si Mhaya dela Rosa lang ang peg. Mabait naman ako kaya lang mejo may katarayan at kamalditahan din nga siguro ako nung bata ako, one time itinapon ko lahat ng damit ng yaya namin sa bintana at pinapalayas ko sya mga grade I pa lang ako noon,maldita ..hehehe, well as I remembered  nagstart kasi yon summer vacation so both of parents nasa office ako lang at yung brother ko naiiwan sa bahay at sya, pero pagkakaalis ng parents ko don na sya pumupunta sa tapat bahay na may billiard hmmm siguro andon yong boyfriend nya babalik na lang kapag lunch time, pero wala ako magawa bata pa ako, minsan nakalock talaga yung pinto, she is the same kasambahay na pinagiwanan namin sa brother ko kasi may pinuntahan kami pagbalik namin sa bahay walang tao may nakita lang kaming letter at sinabi na parang kinidnap sya ek-ek na kung hindi daw sya sasama pati yung kapatid ko tatangayin. We found my brother sa uyaye sa taas ng bahay namin buti na lang may door pa yung upper part ng bahay bago ka makapasok so at least safe pa rin kahit papaano yung kapatid ko - what if nahulog sya uyayi nya at nakagapang pababa ng stairs. From then on hindi na kumuha si Mommy ko ng stay-in na kasambahay, nagkaroon pa rin kami ng mga sumunod na kasambahay pero live out na. Malaking tulong talaga sila pero yun nga lang ang hirap kapag nawala, I was in third year highschool na nung totally wala kaming kasambahay, or even labandera. Honestly nahirapan akong magadjust pero nung natutunan ko naman nagenjoy ako. Just when last year we tried again to get kasambahay for my pamangkin actually every year since ipinanganak yung eldest nephew ko nagta-try na kami kumuha ng yaya for him pero wala talagang tumatagal - its either na after a month aalis na kasi ang reason lang daw naman nya para may pambili ng cellphone, meron naman tumagal pero umuwi kasi magbibirthday lang daw ang anak nya then babalik ulit pero di na bumalik so pati yung hiniram na pera sa sister in law ko nadala nya, meron namang pinaalis na talaga ni Mommy at Daddy ko kasi aside sa laging nanunuod lang daw ng tv may mga ilang pieces na rin ng personal things sa bahay na nawala at nakita sa kwarto sa bahay na ginagamit nya. Hay ang hirap humanap ng isang Mhaya dela Rosa o kaya Doris or Sabel or much better Manang Fe.
Pero guys are you aware to the latest law that was passed last June? well kung hindi pa, our lesson for today is Kasambahay Law 101. Take note this is a pre-requisite kaya dapat aware kayo.

Take note the age BELOW 15 years old of age is PROHIBITED. We have a Child Labor Law also to follow. Kaya kahit pa magmakaawa sa inyo sa ibang way na lang natin sila tulungan.

Its clear stated that the kasambahay will receive CASH meaning it must be handed to them not through ATM or in any forms and upon receiving the money you can give the payslip as well.
They must also get some benefits like SSS, PHILHEALTH, and PAG-IBIG.  They are different fom each other, the says all of them must be shouldered by the employer not only SSS or Philhealth dapat tatlo.
 As an employer hindi maiiwasan na minsan is nakakahiram ng pera sina Mhaya, Doris, Joma or Sabel minsan may mga emergency silang pinagkakagastusan, and that's the time na nakakahiram sila ng pera, in short parang mga empleyado din sila sa mga opisina, they can also avail loans.
According to RA 9208 - Anti Trafficking in Persons Act 2003
Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
Like anyone of us, they need rest, leaves and even vacations. Unlike to the tv shows na napapanuod natin hindi na pwedeng kahit maysakit na si Inday ay paglalabahin or pagbibilarin mo sa init para magdilig ng mga orchids mo. They are also entitled of the following rights.
I heard and watched stories how kasambahays were deprived from basic needs like foods and lodging, yung iba pa tirang pagkain lang ang pinapakain. Kasambahays are already part of our family and if you can't treat them as a family member at least treat them as human. They must be respected too.
I admire Mommy so much how she treated our former kasambahays, they have their own room with furniture almost the same as ours. My mom usually prepared a set of hygienic stuffs like towel, soap,etc. na ibinibigay nya sa first day pa lang ng kasambahay. Kasabay namin sa mesa kumakain ang kasambahay namin, even my other relatives who have their own kasambahays kapag kakain kasabay rin namin sila. Kung anong kinakain namin kinakain rin nila.
Since there are so many schools nowadays are offering night classes, the employer shall allow them to go to school. Oh wag magtaas ng kilay mga madam, it doesn't mean na isho-shoulder nyo yung tuition fees and other expenses nila, what the law says is yung mabigyan sila ng time or chance na makapag-aral, regarding the needs in school its up to you if you will help them or give them some financial assistance or nasa paguusap nyo yan.
Maraming makakarelate dito....
But be sure that you are fair and just in weighing who's fault
Other rights of the Kasambahay that included in this law:
- right to form or assist labor organization
- right to be provided a copy of labor contract
- right to certificate of employment
- right to exercise own religion, beliefs and cultural practices
For sample labor contract, payslip and employment certificate, check here
For the kasambahays who are below 18 years old the contract shall be signed by parent or guardian with the punong baranggay or baranggay officer as witness.

Be sure to really check the birth certificate to verify their age. Once that you employed them and in the end you found out that he/she is below 15 years old tsk tsk tsk baka makasuhan ka pa according to child labor law. In that case "age" is an essential requirements in hiring kasambahays.
For some, "kasambahay" is "only" a helper but whatever treatment you want to give them, be sure to treat them with respect. Imagine your days without them? especially for the working parents
Ignorance of the law excuses no one, so for those who have plan or already have kasambahays be sure that you abide on this RA 1036.