Claiming Unpaid Wages Due to Pandemic-Related Job Loss in the Philippines

How can an OFW claim unpaid wages after losing a job due to the pandemic?

Overseas Filipino Workers (OFWs) who lost their jobs or were unable to return to work due to the pandemic may face difficulties in claiming unpaid wages, particularly when a contract was not fully completed. If an OFW’s employment was disrupted due to circumstances like COVID-19, they are entitled to claim their unpaid wages, including end-of-contract benefits, following certain legal steps.

Legal Grounds for Unpaid Wages

Under the Philippine Labor Code and relevant international labor laws, an employee has the right to demand payment of any earned wages, regardless of termination or disruption of the employment contract. These wages include all forms of compensation due before the disruption, such as basic salary, overtime pay, and end-of-contract benefits.

Filing a Claim with the Employer

The first step is to attempt to resolve the matter directly with the employer. This usually involves sending a formal demand letter requesting payment of unpaid wages. The demand should clearly outline the amount due, based on the terms of the contract, and specify that the wages were earned before the contract was interrupted by the pandemic.

Filing a Complaint with the POEA or NLRC

If the employer fails to respond or refuses to pay, an OFW can file a formal complaint with the Philippine Overseas Employment Administration (POEA) or the National Labor Relations Commission (NLRC). These agencies handle labor disputes involving OFWs and can mediate between the worker and the employer.

To file a claim, the OFW will need to present:

1. A copy of the employment contract.
2. Proof of employment (such as payslips, email correspondence).
3. A detailed breakdown of the wages and benefits owed.

The POEA and NLRC will assess the case and may either mediate a settlement or proceed with a formal hearing.

Legal Representation and Assistance

OFWs can seek assistance from legal counsel, non-government organizations (NGOs), or government bodies like the Overseas Workers Welfare Administration (OWWA), which offers support for OFWs facing legal disputes. The Department of Foreign Affairs (DFA) may also assist in contacting the employer or resolving issues involving foreign employers.

Government Assistance Programs

In addition to legal avenues, OFWs affected by the pandemic can also seek assistance from various government programs that provide financial aid or livelihood support. The Department of Labor and Employment (DOLE) has programs specifically aimed at helping displaced OFWs, such as reintegration programs that provide training and capital for small businesses.

The rights to claim unpaid wages are protected by law, and OFWs should be aware of the avenues available for asserting these rights when contracts are interrupted by uncontrollable factors like the pandemic.