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Kanlungan Centre Foundation Inc:
1.In your country context, is contract substitution a common problem? In what way(s) does contract substitution occur? Who are the main actors involved?
Contract substitution is very common in cases that we have handled in Kanlungan , besides from contract substitution the most common issue with regard to contract of employment is non compliance of the terms and conditions of the contract of employment.
The acts and omission are often committed during actual deployment . Mostly the recruitment agency is involved in the acts.
2. When a worker has experienced contract substitution, what mechanisms for redress are available, either in the country of origin or destination? How effective are these redress mechanisms?
Based on our law contract substitution is illegal . A case for recruitment violations may be filed before the Philippine Overseas Employment Administration (POEA) if the perpetrator is licensed recruitment agency. However if the perpetrator is non license holder or not duly authorized to recruit workers, a criminal case of Illegal recruitment may be filed against the perpetrator.
3. How should governments address contract substitution in their policies, regulations on labour migration?
Stricter implementation of existing laws on recruitment and access to legal assistance to migrant workers whose rights have been violated.
4. If your government has signed MOUs or BLAs to govern labour migration, in your view has this helped to reduce cases of contract substitution?
The MOUs or BLAs is indeed helpful , however the implementation of such agreements must be faithfully complied by each parties.
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