By Ruth Nacional
Bulatlat.com

MANILA – Migrant workers’ group Migrante Netherlands questioned the decision of the Dutch Public Prosecutor’s Office’s (Openbaare Ministerie or OM) over its decision to dismiss labor exploitation in the case of 11 Filipino cleaners who filed a complaint against former employer Saints & Stars Gym in Amsterdam.     

The group said the OM had decided that they could not conclude human trafficking and labor exploitation in the cases. Investigation into alleged human smuggling and forgery is ongoing

In a press conference on October 30 with other advocacy groups and Filipino migrant workers formerly employed at Saints & Stars Gym, Migrante Netherlands stressed that exploitation and trafficking were evident in the cases of the migrants. 

The group said the cleaners were deceived into coming to the Netherlands with false promises of legal employment and proper documentation.

Instead, they were denied employment contracts, forced to work up to 12 hours a day without proper breaks, made to live in undignified conditions, and endured forms of abuse. 

Workers recount exploitation

Lynette Cruz, a former employee of Saints & Stars, shared her frustration, saying the gym’s denial cannot erase what they endured.

“We did not receive proper night differential or overtime pay, and some of us were not paid at all.” 

Cruz said that their former employer illegally withheld their passports. 

Migrante Netherlands pointed out that the company had no right to do so because it is not registered in the KVK public registry of companies authorized to process work visas. KVK, the Chamber of Commerce in Netherlands, manages the Dutch Business Register.

Andrew, one of the workers, recounted: “We were treated like slaves, with no respect for our rights as employees. We weren’t given protective gear while cleaning with strong chemical liquids.” 

He added that they continued to work even while construction was being done in the building.

“One time, I worked from 10 a.m. until 11 p.m. My supervisor pushed me into an elevator and my finger got caught in the doors,” Andrew said.

But when he filed for a sick leave, he was sacked the next day.

“Where is the justice in that? I will not stop until justice is won,” Andrew said. 

Some of these were echoed in the statement of the Philippine Embassy in the Netherlands in August, which assured its full support when six of the 11 workers confirmed during the meeting their experience of working 17 hours daily in various gym branches and being forced to sleep on the premises without a bed and heating.

On top of the violation of the workers’ rights guaranteed under Dutch labor laws and international human rights standards, the group also cited that the elements satisfy the definition of human trafficking as recognized by the Palermo Protocol and the Dutch Criminal Code (Article 273f)

Article 273f states that three elements must be present in order to constitute human trafficking: An act, a means by which that act is performed, and the intent to exploit. 

Group criticizes ‘deeply flawed’ decision

“The decision of the OM is an insult and an attack against the rights of workers in general, and in particular, to our kababayans formerly employed by Saints & Stars Gym,” Garry Martinez, chairperson of Migrante Europe and a survivor of human trafficking himself, sid during the press conference. 

In the letter sent by the OM to the complainants to explain the decision, it argued that the workers knew that the work was illegal, so there was no deception or misuse of vulnerability.

The OM also insisted that the workers received full salary and had free accommodation, and said that there were no reports received at the time of the incidents.

Migrante Netherlands unpacked in a webinar last Sunday the OM’s attempt to ‘victim-blame’ the Filipino migrants by highlighting how the decision attacks the strong indicators of human trafficking and exploitation, such as the false promise of legal work, passport confiscation, many underpaid staff, and substandard housing situation, among other violations of the law. 

The advocacy groups denounced what they described as an “injustice” and a “dangerous precedent” for migrant workers in the Netherlands, especially those from the Global South. 

In 2020, at least 40% of international migrants worldwide were from Asia. 

Today, aside from the 1.7 million migrant workers in the Netherlands, it was reported that there are 100,000 undocumented third-country nationals working in the country.

Data from non-government organization Comensha in 2015 showed that cases of trafficking in human beings mostly concerned female victims, with a large group originating from Indonesia and the Philippines.

Systemic exploitation

“There is a ready reserve of undocumented migrant workers that Saints & Stars can easily [use as replacements] whenever workers complain, fall ill, or question working conditions,” Mark Pascual, campaign officer of Migrante Netherlands, said.

He discussed how the company makes use of a classic feature of an exploitative system where workers are made disposable while being promised fair wages, legal work permits, and decent work conditions. 

International studies have described domestic work as one of the least regulated sectors in the Netherlands. 

Research from the Utrecht University, for example, cited the case of the Filipino cleaners against the gym company, stating that it is not an isolated incident as undocumented migrant workers in the Dutch domestic work sector are ‘extremely vulnerable’ due to policy gaps in regulation.

This is attributed to Regeling Dienstverlening aan Huis, the Dutch policy regulating domestic work, which provides rights to domestic workers, but at the same time, exempts a private employer from formal obligations if the employed migrant works for four days or less per week.

According to the researchers, other studies find that only 3% of employers follow the policy’s rules.

Even the thin line between a human trafficking and a smuggling case has been studied and found to make or break a case, or be skewed in favor of state security.

Victims of human trafficking are eligible for a temporary residence permit and associated provisions such as shelter and accommodation, medical assistance, legal aid and special provisions for living expenses, while those of human smuggling may not be eligible for these provisions as the emphasis is placed on their illegal status over exploitation.

Pascual noted that the decision of the OM to rule out exploitation cases proceeding with the smuggling case downplays the exploitation experienced by the Filipino migrant workers, and favors Saints & Stars Gym and other exploitative employers.

Call for support

When asked about the involvement of the Philippine Embassy in the Netherlands, Pascual said: “We recognize that the Philippine Embassy and the Department of Migrant Workers provided one-time assistance to our 11 kababayans, but we reiterate that our call is for sustained support.”

Migrante Netherlands and Migrante Europe urged the Dutch Public Prosecution Service to reconsider its position, and called on the Philippine government to take immediate action in holding Saints & Stars Gym accountable, and support to the affected workers.

Both groups vowed to continue supporting the affected workers and to raise the issue with Dutch labor and migration authorities, as well as international human rights bodies. 

In the meantime, the groups are inviting advocates to the online and on-ground protests it will stage in the following weeks, and welcomes support through the fundraising initiative launched for the affected Filipino workers via GoFundMe. (AMU, JDS)