Unions urge gov’t to follow rules on foreign workers

Philstar photo

LABOR GROUPS called President Rodrigo R. Duterte “irresponsible” for ignoring rules governing the employment of foreigners in the Philippines, particularly Chinese workers.

In a statement on Monday, Federation of Free Workers (FFW) Vice President Julius C. Cainglet said that Mr. Duterte’s statements are “irresponsible” with the president does not comprehend the impact on the Filipino work force.

“We have laws that govern employment of foreigners and yet there he goes giving a blanket authority to just allow them to work in the country without regard for our laws and without regard to Filipino workers,” Mr. Cainglet said.

On Sunday, Mr. Duterte said in a campaign speech that he cannot “kick out” Chinese workers who are in the country without the required permits, noting that beijing could expel the 300,000 Overseas Filipino Workers (OFWs) in China.

“(I) cannot just say, ‘Leave. I will deport you.’ What if the 300,000 are suddenly kicked out?,” he said in a speech on Sunday.

The influx of Chinese workers was discussed in a Senate hearing last week. Last year, Department of Labor and Employment (DoLE) Undersecretary Ciriaco A. Lagunzad III said in a Senate hearing that Chinese workers often enter the Philippines using tourist visas.

Nagkaisa Labor Coalition Spokesperson Renato B. Magtubo said in a statement on Monday that the President’s reasoning cannot be justified.

“Making an unfounded fear the basis of his argument not to implement our laws on employing foreign nationals… is a dereliction of duty on the part of the President and his labor secretary,” Mr. Magtubo said.

The Trade Union Congress of the Philippines (TUCP) said that Chinese nationals should abide by the law if they are looking to work in the Philippines.

“(I)f there are specializations and skills unavailable in the labor market, these should be given to foreign workers who must apply for Alien Employment Permits (AEP) from DoLE and work permits from the Bureau of Immigration (BI). We clearly reiterate that TUCP is not against the entry of foreign workers, but of the adverse impact on our very own workers who are being deprived of potential employment and livelihood opportunities,” TUCP President and Congressman Raymond C. Mendoza said in a statement on Monday.

Mr. Mendoza added that DoLE and BI need to patch up flaws in the system for issuing work permits for foreign workers.

“There is no coordination between the DoLE and BI. And this is where the problem thrives. Each agency issues permits allowing foreigners to stay and work here using different criteria,” he said.

The Department of Justice (DoJ) and the Bureau of Immigration (BI) “will take their cue” from the President but added that the entry of foreign workers will be monitored.

“The DoJ/BI will take the cue from the chief executive. I understand the President’s statement to mean that illegal aliens already in our country should be given an opportunity to comply with our immigration laws and thus legitimize their stay,” Justice Secretary Menardo I. Guevarra told BusinessWorld.

“Based on news reports, the President has apparently given a signal to exercise some liberality. So I’ll discuss the government’s next moves with the BI,” he added.

Mr. Guevarra, on the other hand, said that the DoJ and the BI will continue to control the entry of foreign workers if they cannot prove that they have skills that cannot be filled by Filipinos.

“We shall ensure that measures to control the unmitigated entry into our country of unskilled and non-technical alien workers in the future shall continue to be strictly enforced,” he said, adding that these measures include devoting more resources for screening, monitoring, and intelligence operations.

The BI’s new and stricter rules, which will require foreign applicants to submit additional documents, in issuing special working permit (SWPs) and provisional working permits (PWPs) to foreigners intending to work in the country would also be another measure but “have yet to be adopted after due consultations with the DoLE (Department of Labor and Employment),” the justice secretary also said.

The BI issues special working permits to foreigners who plan to work in the country for six months while provisional working permits are issued to foreigners with pending applications for pre-arranged employment visas.

During an inquiry by the Senate committee on labor and employment development on Nov. 26, DoLE said that the BI issued SWPs to 119,840 foreigners from 2015 to 2017, most of which were given to Chinese who work for Philippine Offshore Gaming Operators.

Labor Secretary Silvestre H. Bello III said in a Senate hearing on Feb. 21 that DoLE issued a more than 169,000 alien working permits, permits issued to foreigners working for more than six months, 85,486 of which were given to Chinese nationals.

Senator Joel J. Villanueva, who chairs the Senate committee on labor, employment and human resources development, said the rules are there to protect jobs for Filipinos and the rights of the workers regardless of nationality.

“The bottom line is enforcement of laws to protect workers’ rights and our Filipino first policy. There are illegal Filipino workers abroad and we should aim to help them become legal workers. And it is the same as what we are doing here. We want legal workers,” he said in a text message.

Senate President Vicente C. Sotto III said foreigners must be subject to deportation as a consequence for violating Philippine laws.

“Deportation is a consequence if laws are violated by foreigners,” Mr. Sotto told reporters in a text message.

Sen. Francis N. Pangilinan said the government “should not be afraid of China” and should fear instead the anger of unemployed Filipinos while special treatment is given to Chinese workers.

“Uphold the rule of law and without fanfare deport these illegals. The administration should not be afraid of China in the face of hundreds of thousands of their citizens working here illegally. What it should fear is the anger of millions of our people who remain jobless while we give special treatment to these Chinese illegals,” he said in a statement on Monday.

The Senate committee on labor, employment and human resources development has been conducting hearings into the influx of foreign workers. Senators have raised concerns that the jobs the Chinese nationals were filling deprived Filipinos of employment opportunities. — Gillian M. Cortez, Vann Marlo M. Villegas, and Camille A. Aguinaldo

Labor group says Chinese allowed in PHL but jobs must be kept for Pinoys

Manila Times photo

The Trade Union Congress of the Philippines (TUCP) on Monday clarified that it is not against the entry of foreign workers in the Philippines. However, the group insisted that jobs must be kept for Filipinos.

“Our laws and regulations policies are clear: All jobs including skills and professions must be given to Filipino workers and professionals," TUCP president Raymond Mendoza said in a press release.

"However, if there are specialization and skills unavailable in the labor market, these should be given to foreign workers who must apply for Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) and work permits from the Bureau of Immigration (BI)," Mendoza added.

On Saturday, President Rodrigo Duterte remarked that he cannot simply drive away the Chinese nationals working in the Philippines because he is thinking of the welfare of the Filipinos working in China who may be massively laid off as a consequence.

Labor Secretary Silvestre Bello III, for his part, said Chinese nationals who hold working permits in the country are just filling vacancies for jobs that Filipinos cannot or would not do.

The TUCP, meanwhile, lamented that there is no coordination between the DOLE and BI as regards issuing work permits to foreigners, noting that allowing foreign workers to work here should be done with routine coordination and monitoring and must be free from corruption.

Mendoza claimed that the labor market test method, which DOLE uses before it issues work permit, was "flawed."

“Nobody is contesting the labor market test because nobody is aware that there is such a publication. No one is filing a complaint against the applicant because no one is even aware of such notice,” Mendoza said.

"There has to be an immediate serious reforms and improved implementation of work permit policy applied to foreigners," he added.

Mendoza also urged foreigners who wish to work in the Philippines "to legalize their stay, abide with laws and regulations and respect our culture and traditions."

"They should legalize their stay so that they will be protected by our laws from abusive and exploitative working conditions,” Mendoza said. "Foreign nationals must go through the due process legally mandated by the laws."

Meanwhile, Senator Francis "Kiko" Pangilinan on Monday urged the sacking and the filing of charges against DOLE and BI officials for allegedly allowing the illegal entry of around 400,000 Chinese workers.

"Fire DOLE and BI appointees and officials who allowed the entry of 400,000 Chinese illegals. File criminal cases against them," Pangilinan said in a press statement. —Anna Felicia Bajo/KG, GMA News

TUCP: Expanded Maternity Leave Law also benefits employers

Image Credits: Richard Thomas | Dreamstime.com

The country’s largest labor group said in a statement Friday employers would also benefit from the recently signed Republic Act (RA) 11210 or the Expanded Maternity Leave Law.

Trade Union Congress of the Philippines (TUCP) said the new legislation will allow employers to cut down unnecessary costs by ensuring the health of their employed mothers.

“In fact, it is the companies, which really need the Expanded Maternity Leave to ensure their child bearing women worker will not suffer from any post-natal issues after giving birth,” TUCP spokesperson Alan Tanjusay said.

“It is scientifically proven that nursing mothers need at least more than 100 days to heal and recover completely after giving birth,” he added.

Furthermore, he also the new policy will also enable companies to retain their experienced women workers.

TUCP issued the statement in response to the pronouncement of Employers Confederation of the Philippines (ECOP) president Sergio Ortiz-Luis Jr. that RA 11210 is actually anti-women since it will discourage employers hiring women.

In a radio interview, Luis said this is more likely micro, small and medium enterprises (MSMEs), which will not be able afford to lose some of its employees for a long period of time.

TUCP hit the ECOP statement for being “disrespectful” to mothers and nursing employees.

“ECOP should respect these biological and psychological needs of women employees and their newborns and encourage their member companies to abide and respect these basic human rights,” Tanjusay said.

RA 11210 expanded the duration of the average 90-day maternity leave to 105 days.

Despite his reservation for the law, the ECOP leader conceded they would have to follow its provisions. - By Samuel P. Medenilla

TUCP wants improved services with new SSS law

The group said workers expect improved SSS services as a result of the increase in monthly contribution.

MANILA, Philippines — The country’s largest labor group Trade Union Congress of the Philippines (TUCP) is expecting the Social Security System to improve its services with the implementation of the SSS Rationalization Act.

The group said workers expect improved SSS services as a result of the increase in monthly contribution.

“The implementation of the new SSS law will hopefully help improve the vast range of services the system provides to its members,” TUCP president Raymond Mendoza said.

Mendoza said they do not object to the planned 12 percent increase in the SSS monthly premium as part of the implementation of the new SSS law.

“The SSS this time has been doing fairly with its job to look for other means and resources to improve the system’s fund aside from increasing the monthly premium,” Mendoza said.

He said the TUCP is closely monitoring SSS’s efforts to go after employers who are delinquent in paying remittances and ensuring SSS investments are creating dividends.

Other labor groups, however, are wary over the possible negative effect of the new law.

Julius Cainglet of the Federation of Free Workers (FFW) expressed fear the newly signed law might result in uncontrolled increase in SSS premium rates paid by employees.

Cainglet said the law gives full authority to SSS to increase premium.

“It’s a bit dangerous as one of the built-in safeguards against unbridled increases in premium contributions was just removed,” he said.

He said the new law does not ensure genuine representation of workers at the SS Commission, the highest policy-making body of the SSS.

“This is the formula for destruction: giving more power to a commission whose members do not represent the interests of its main contributors, its members,” Cainglet said.

He said under such a setup, the SSS may eventually turn into a profit-driven business entity.

President Duterte earlier signed the SSS Rationalization Act to enable the agency to improve its investing capacity and generate more funds for members and pensioners.

The new law provides that the SS Commission may collect higher contributions even without the President’s approval.

To prevent such a problem, Cainglet said the drafting of the law’s implementing rules and regulations (IRR) should not be put in the hands of the SS Commission alone.

“What we want to see in the IRR is an assurance that any decision to increase premium payments should not be lodged with the SS Commission alone,” Cainglet said.

Militant group Kilusang Mayo Uno (KMU) condemned the signing of the SSS Rationalization Act, saying it will bring additional financial burden to workers.

KMU chair Elmer Labog said the law would reduce the take-home pay of workers already struggling to make ends meet because of rising cost of commodities due to inflation.

Instead of increasing premium, Labog said, SSS should just improve its collection.

“The rationalization act will just punish those who are already paying,” he said.

SSS coverage for vendors

The SSS rationalization act may cover market vendors, according to Sen. Grace Poe who urged local government units (LGU) to assist vendors amid privatization of public markets.

“They can enrol directly to the SSS as self-employed workers, a cooperative or through their barangay leaders. They can pay P5 or P10 every day. The coverage and benefits should include everyone and not only those who are employed in offices,” Poe said, referring to the vendors.

She urged the LGUs to help vendors acquire decent and affordable stalls when markets are turned into modern commercial centers. – Mayen Jaymalin With Cecille Suerte Felipe (The Philippine Star)

Shortage of construction workers traced to low pay, poor access to certification

TUCP President Raymond Mendoza
(TUCP Party-List / MANILA BULLETIN)

Low pay, meager benefits, unsafe and unhealthy working conditions, and poor access to certification are some of the causes of shortage of construction workers in the country, a labor group said.

“It’s true that we have shortage of construction workers. Though we have plenty of certified, skilled and world class construction workers but due to meager salary, poor benefits, unsafe and unhealthy working conditions, and lowly regarded workers they prefer to work abroad,” said Trade Union Congress of the Philippines (TUCP) President Raymond Mendoza in a statement.

“After a few months of training and actual field experience here because they are dignified there, they are given higher salary and benefits there, and are given free decent housing and paid vacation,” he added.
The TUCP estimates that there are three million construction workers nationwide. However, only about one million of them are certified.

“We are currently experiencing “skill and brain drain” phenomenon because of this bad treatment of our construction workers. The nation is losing fast its vast and excellent reserves of construction manpower to higher pay and attractive benefits offered by companies abroad,” said Mendoza.

“We have a vast pool of highly, multi-skilled and fine craftsmen but also because of lack of training facilities and poor access to certification programs we do not tap them to become potentials for the country’s build, build, build programs. Many of them even have to pay, fall in long line and travel far just to access national certification,” he added.

The labor group proposed to raise the minimum wage of construction workers from the current P500 to P800 per day and improve their benefits.

“Construction workers even purchase their own personal protective equipment, buy their own drinking water, pay for their food, and given a dirty and bad sleeping quarters during the whole duration of the construction project,” said Mendoza.

Mendoza said that the government’s ‘Build, Build, Build’ program can help raise the “dignity” of the construction workers.

“There seems to be no pride and no dignity being a construction worker nowadays. But President Duterte’s Build, Build, Build program is an opportunity to address that and raise the dignity of our construction working people through a functioning and sustained government policy,” said Mendoza. - By Analou De Vera

TUCP: Wage hike will help solve shortage of construction workers

In Photo: Workers out on a break at a construction site in Bonifacio Global City, Taguig. 

The country’s largest labor group on Friday said a P300-wage hike will help solve the shortage of construction workers.

In a statement, Trade Union Congress of the Philippines (TUCP) President Raymond Mendoza attributed the lack of new workers in the construction industry to low pay.

“The TUCP is also proposing to raise the minimum wage for construction workers from the current minimum of P500 a day to a minimum P800 a day,” Mendoza said.

The labor leader said this should be coupled with better working and living standards of construction workers.

Due to their law pay in the country, TUCP said Filipino construction workers tend to look for employment opportunities abroad.

“We are currently experiencing ‘skill and brain drain’ phenomenon because of this bad treatment of our construction workers,” Mendoza said.

Also contributing to the scarcity of construction workers, TUCP said, is the lack accessibility of training facilities and access to certification programs for construction jobs.

“Based on different government statistics, the TUCP estimates there are 3 million construction workers nationwide and only around 1 million of them are certified,” Mendoza said.

TUCP issued the statement after President Rodrigo R. Duterte said in a speech last Thursday blamed labor shortage as one of the reason for the delays in the government’s numerous infrastructure projects under its Build, Build, Build program. - By Samuel P. Medenilla