Samsung C&T vs GS E&C: Demonstrating Compassion During the Pandemic (COVID-19)
An Open Appeal Letter to Samsung C&T Corporation – Naama Combined-Cycle Power Plant Project in Algeria
Dear Samsung,
I hope this letter finds you well. As a former employee of Samsung, I am writing to address a matter of great concern regarding the treatment of Filipino workers in the Naama Combined-Cycle Power Plant Project in Algeria. While my intention is not to tarnish Samsung’s reputation, I feel compelled to speak up about the distressing situation these individuals face during these unprecedented times.
During my decade* tenure with Samsung, I was fortunate to witness the company’s dedication to its employees and unwavering commitment to fostering a harmonious work environment. However, the experiences shared by my Filipino colleagues in the Naama project have deeply saddened me. Their pleas for assistance conveyed through videos and appeals to President Rodrigo Roa Duterte, Raffy Tulfo in Action, Senator Bong Go, Senator Manny Pacquiao, POEA, OWWA, and more, highlight their desperation for repatriation and support from the Philippine government.
It is disheartening to witness the stain on Samsung’s reputation caused by the administration of the Naama project. The inhumane treatment and lack of empathy displayed by the Naama Admin officers and staff contradict Samsung’s values and reputation as a pro-people organization. While I acknowledge that this may be an exceptional case, I cannot stay silent in such suffering amongst my friends and former coworkers.
Despite my limited knowledge of GS E&C (GS Engineering & Construction) due to not having been employed by the company, I am aware of the overwhelming support they have provided to their Filipino employees in Saudi Arabia during this global crisis. It pains me to see the stark contrast in support between these two top-notch Korean companies. The threat and deprivation of rights my former colleagues face in the Naama project are unacceptable. I implore Samsung’s leadership, including the project director, site manager, and other relevant personnel, to reconsider their stance.
I implore you to end the suffering of the Filipino workers in the Naama project, who have undoubtedly contributed to the success of this endeavor. Considering that claims for Force Majeure, Change in the Law, and Disruption due to Actions by Government Authority have been submitted or will be submitted to your client (employer) due to the pandemic, I ask why there is a need to deduct a meal amount of $19 per day from the salary of just over 25 Filipinos who have chosen to prioritize their safety against COVID-19. Exploiting the vulnerability of my fellow countrymen who are struggling to protect themselves is an affront to human dignity. If GS E&C can support their 700+ stranded Filipino employees in Saudi Arabia, I implore Samsung to do the same for the sake of humanity.
I urge you to watch the accompanying video and appeal, embrace your humanity, and restore Samsung’s honorable reputation as a leading international Korean company. It is my firm belief that your organization cares deeply about its employees, and it is during times like this we must prioritize their welfare and entitlements without undermining their rights. As a company that prides itself on excellence, I implore you to listen to these voices and demonstrate your commitment to co-prosperity with a compassionate heart.
Wouldn’t it be heartwarming if the appeals of your employees mirrored those of GS E&C’s workers, who can proudly declare that they are being cared for by their employer? Let us prevent the need for public pleas and ensure that the employees you cherish are supported adequately.
Samsung, I implore you to take immediate action and show care and support for my fellow countrymen during this difficult pandemic period. Remember that we are not merely individuals or companies but a united front embracing our shared humanity.
Before concluding, I sincerely thank my former colleagues at Samsung C&T in Algeria for entrusting their stories to me. I would also like to express my appreciation to the Philippine Embassy in Libya, Kapulungan ng mga Filipinos sa Algeria, and all individuals who have contributed to enabling this open appeal.
Furthermore, I thank the Philippine government for recognizing the plea for assistance and offering their support.
May we all remain blessed during these challenging times.
Sincerely,
Olan Deems
*Decade Tenure with Samsung C&T Corporation:
— Samsung E&C – Samsung Engineering & Construction: Nov. 19, 2012 – Jan. 26, 2020
— Samsung C&T – Samsung C&T Corporation: Nov 19, 2005 – Dec. 15, 2007
Other relevant documentation:
1. Samsung C&T Filipino Workers Appealing for Help from the Philippine Government:
Translation:
Good Day to All, We are asking for help from our government- POEA, OWWA, Senators, and our beloved President Rodrigo Duterte, to Mr. Raffy Tulfo, Sen. Bong Go and Sen. Manny Pacquiao and our agencies Yanghwa, MPL… We are based in Naama, Algeria, North Africa, at SAMSUNG C&T. We are calling for help to go home to the Philippines as soon as possible. Almost all of us have ended our employment contract. It’s more than two months now that we have been waiting for our return to our homeland due to the lockdown here in Algeria. Our health is threatened by COVID here. It is difficult here because there is no Philippine Embassy, and the number of affected people has reached 8,306 in the entire country (Algeria). But here in our respective district (area), 52 cases have already been reached. That danger here is when they are admitting local people from the outside, so we are appealing to the public (convey our message to the respective agencies) to grant our request for us to be able to return home to the Philippines as soon as possible.
And we are thankful and hoping for immediate action for our appeal and wishes because our families worry so much about us. That’s please we should not wait a situation where we will be infected. Thank you…
2. Petition Letter of Samsung Filipino Workers:
The exact Statement is mentioned in the letter above.
May 28, 2020
The Site Admin
Algérie Naama CCPP Project
Samsung C&T CorporationAttention: Mr. YOUNG JONG JIN, Project Director/Site Manager
Thru: Mr. SHIN HYOUN HAN, Admin Manager
Mr. JONG-HYUN MOON, Administrator (HR)
CC: Philippine Embassy of Libya, POEA, OWWA, Yanghwa, MPLDear Sirs,
We, the undersigned Overseas Filipino Workers of Samsung C&T Corporation working at Naama Combined-Cycle Power Plant Project (Algérie Naama CCPP Project), hereby reject your usual threat of forcing us to sign a month-term extension for our employment contract and obligating us to pay or deducting from our salaries an amount of $19 for our meal each day if we do not work.
We firmly stand our position under the provision of our Employment Contract that clearly states;
Article 7 – Food and Accommodation
The COMPANY shall, at its own costs and expenses, provide the EMPLOYEE with proper accommodation and food at the Jobsite.It’s crystal clear that the above provision doesn’t mention any circumstantial situation in which SAMSUNG may deduct any expenses related to our accommodation and food as long as we are on the site. Further, SAMSUNG shall not eliminate its obligation to take care of EMPLOYEES while at the Jobsite.
Article 13 – Risky Conditions
In the event that it is very dangerous to stay and work at the Job Site due to natural disasters, combat, bombing, or any risky circumstances in the judgment of the COMPANY, the COMPANY forthwith may terminate this agreement and repatriate the EMPLOYEE to his homeland at the COMPANY’s expense.The facts are clear that despite our Employment Contract having been ended, SAMSUNG has failed to its judgment in assessing the risk of the Global Pandemic (COVID-19) by forcing (threatening to deduct meal amount per day) us to work and/or sign an extension of our employment contract (short-term basis) even against our will.
Article 14 Miscellaneous (14.3)
If due to the delay of immigration formalities at the end of this agreement, the EMPLOYEE can’t leave to Algeria immediately, the COMPANY will give him temporary work till the immigration formalities are completed….The above provision is NOT applicable because our employment contract has been ended due to the risk of exposure to COVID-19 while at work. We prefer to keep our lives safer and want to see our families in the Philippines as soon as possible. So, we appeal that SAMSUNG must expedite and support us by cooperating and/or coordinating our repatriation to respective agencies (Yanghwa/MPL) and government bodies (POEA/OWWA) in the Philippines.
We are signing this petition letter in the hope that SAMSUNG will act on it positively and not against us. We strongly appeal to your consideration, understanding, and support for processing our repatriation in our homeland immediately.
Sincerely,
Overseas Filipino Workers (See attached List with OFW’s Signatures)
Algérie Naama CCPP Project
3. Actual Deductions made for Employees Meals
4. Response of Samsung C&T to the Petition Letter:
Content of the above letter (seemed unreadable):
2nd June 2020For your informationTo Employees,For the information of those employees who stop work because of their personal reason, the company is doing the best possible solution in preventing the virus and to protect our people and everyone safety, health before you go back to your family’s home country. We would like to encourage all of you to continue working and do not worry.1. Company done all preventive measures to ensure all the safety of all workers and help them to continue their income for giving them temporary extension of cotract until they can go back home.2. Company coordinated with Philippine embassy and the Manpower Agency for repatriation but it will take time, they will need to process all the necessary documents to give you chartered/special flights.3. Company is giving you the best solution and temporary extend your contract until the repatriation schedule, even some of you do not want to get renewed.4. Company will provide welfare services like accomodation and foods upon your valid contract.5. The company are not liable in any incident, claim for insurance or any claiming that you need.You are not bind with Samsung C&T anymore without legal contract.6. If you don’t want to work anymore, company will give you 7 days 1 week to stay at the camp even without existing contract. And after 7 days, company will be charging $19.5/day for meal expenses by yourself.NOTE; The Company wants everybody to come home safe with their family and love ones, and ensure that everyone we are safe and don’t be afraid.For your information and guidance.Yours faithfully,Administration ManagerSamsung C&T Corporation
5. GS E&C Filipino Workers Appealing for Help from the Philippine Government:
Translation of the above:
All who may watch this video, please help us share this so that we can reach our beloved President. (we just want to inform you that we are here, Filipinos, more/less 700 in all that are stranded because, since last month, our work has been completed… Right fellows (comrades)? Yes! Right!
One thing we can say that we are so grateful for is that our company has not abandoned us. Right Fellows (comrades)? Yes, Right! Why? first our Food, our accommodation, in short, they have given us, almost all of us, our what we called “benefits” (even those end of service benefits) Right Fellows (comrades)? Yes, Right!
While others (or those who have not received it yet) are in the process (ongoing), we hope we can return to the Philippines because, for God’s mercy, we are still COVID-free. Right, Fellows (comrades)? Yes, that’s right! We are just afraid that we might have to (hoping not!) get COVID here.
We’ve been waiting for 35 days since we have no work. So, our beloved President, we hope our plea reaches you that we are here… Good Evening or Good Day to all who watch our videos, we want to inform to the government of the Philippines (or directly addressed to President Duterte) would reach him.
Our company is willing to support us in our return to our homeland. Actually, on May 16, they issued tickets to 285 people, but they were canceled because suddenly, those flights were not given a landing clearance in the Philippines. Hopefully, our company or we will be given support by the government to speed up our return (especially for the landing clearance). So we are calling the attention of our General Consulate in Jeddah, POEA, OWWA, and also to the Philippine Embassy in Riyadh or whoever in the government can help us…Because we believed that GS had done everything to their best so that we could go home. However, since a process is being followed, or they called it Force Majeure, an unforeseen situation (not expected), that’s why there’s this problem, right? Yes! So, for us, what we need, beloved President, is help us so that we can return home. Anyway, GS has open hands to help us and bought tickets for all of us. We hope CAAP (or Saudia Airlines) will give us landing clearance. We have done this but do not have complaints about our company, the Saudi government, or the Philippine government. We want that to speed up the process so we can all go home. Right, Fellows (comrades)? Yes, that’s right! So, this is just our concern, beloved President or whoever in the government can help us. Our families in the Philippines are worrying so much about us now. We are also worried that someone may get sick (COVID). Again, we are thankful that our company did not abandon us even though the work has been completed for a long time, right? Yes! So we hope that our government will hear us
so that we can go home soonest.
6. Actual Sources
7. Alternative Solutions if no action comes from the companies mentioned above.
If the company does not withdraw this action, the Philippine Embassy of Libya suggests the following solution.
Sa mga kababayan na nagtatanong sa pagkaltas ng kanilang pamasahe pauwi mula sa kanilang sahod, mga pagpapapirma ng extension ng contract at ibang employment-related concerns, Kung maari ay idocument niyo ito at fill up ang ATN form para maipasok sa ating database at maireport sa POEA.
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