Combating Precarious Work

In cooperation of Friedrich Ebert Stiftung , the NAGKAISA held a 2-day  Workers’ Symposium on Policies and Regulations to combat Precarious Employment

Some types of precarious employment arrangements would include:
• outsourcing, contracting-out or subcontracting
• casualization, contractualization, contingent or fixed-term contracts, leading to the creation of a large pool of permanently 'temporary' employees
• use of labour agencies
• bogus “self-employment” and independent contractors
• abusive use of seasonal and probationary employment and traineeships

Precarious work in all its forms - when it is not being praised, encouraged and promoted for contributing to labour market 'flexibiilization' - is usually discussed in relation to declining living standards, discrimination, the feminization or poverty etc.

A typical example would be "Precarious employment is employment that is low quality and that encompasses a range of factors that put workers at risk of injury, illness and/or poverty. This includes factors such as low wages, low job security, limited control over workplace conditions, little protection from health and safety risks in the workplace and less opportunity for training and career progression." (Gerry Rodgers & Janine Rodgers, Precarious Jobs in Labour Market Regulation; the Growth of Atypical Employment in Western Europe, 1989).

Campaign goals:

• To stop the massive expansion of precarious work
• To make wages and conditions of precarious workers equal to those of regular workers
• To get workers directly hired and discourage indirect employment
• To limit precarious employment to cases of legitimate need

EAGA urges immediate implementation of MRAs

​MANILA, Philippines - The special committee on the East Asean Growth Area (EAGA) has urged President Aquino to push for the immediate implementation of Mutual Recognition Agreements/Arrangement (MRAs) entered into among Association of Southeast Asian Nations member states covering eight professional services.

The panel, chaired by TUCP party-list Rep. Raymond Democrito Mendoza has adopted House Resolution 1482 urging Aquino to issue a memorandum circular to concerned agencies to fully implement the MRAs, affecting eight professions in the country, including engineering services, nursing services, architecture, surveying, medical practice, dental practice, accountancy and tourism services.

Arts Business and Science Professionals party-list Rep. Catalina Leonen Pizarro, author of the resolution, said the implementation of the agreements will help enhance safety nets and other measures for local professionals in the light of the Asean integration in 2015.

Leonen-Pizarro cited the objectives behind the MRAs, including to facilitate mobility of practitioners with the Asean region; to exchange information and enhance cooperation in respect of mutual recognition of practitioners; promote adoption of best practices on standards and qualifications; and to provide opportunities for capacity building and training of practitioners.

The eight professional services of which the government is a signatory under an MRA with the Asean were concluded separately from Dec. 9, 2005 to Nov. 9, 2012, the lawmaker said.

She said since Dec. 15, 1995 the regional grouping has recognized and emphasized the growing importance of trade in services through the adoption of the Asean Framework Agreement on Services (AFAS).

The AFAS aims to substantially eliminate restrictions to trade in services among Asean member states, enhance cooperation in services, liberalize trade in services, and promote efficiency and competitiveness of service suppliers in the region.

The AFAS establishes the general guidelines for mutual recognition, denial of benefits, dispute settlement, institutional mechanism and other areas of cooperation in the services sector, she pointed out.

Article V of the AFAS, the resolution noted, provides that the Asean member states may recognize the education or experience obtained, requirements met, and licenses or certifications granted in other member countries for the purpose of licensing or certification of services suppliers.

Leonen-Pizarro also said Asean heads of states in 2003 signed the Bali Accord II and declared the establishment of an Asean Community which comprises the political, economic, and security communities to include the completion of MRAs for qualifications for major professional services by 2008 to facilitate free movement of professional, skilled labor, and talents in the region. - By Paolo Romero (The Philippine Star)

Solon presses implementation of ASEAN agreement

Lawmakers are urging President Aquino to hasten the full implementation of the Mutual Recognition Agreements/Arrangement (MRAs) entered into by the Philippines with Association of Southeast Asian Nations (ASEAN) member states to facilitate mobility of medical professionals, architects, engineers and accountants within the region in preparation for the ASEAN integration by 2015.

House Resolution 1482, which sought the issuance of A Memorandum Circular to fully implement the MRAs entered by the ASEAN Member States such as the Brunei-Darussalam, Indonesia, Malaysia, Philippines (BIMP-EAGA) and other ASEAN Member States affecting eight professions in the country was recently adopted subject to form and style by the special House Committee on East ASEAN Growth AREA (EAGA), chaired by TUCP party-list Rep. Raymond Democrito C. Mendoza.

The eight professional services include Engineering Services, Nursing Services, Architecture, Surveying, Medical Practice, Dental Practice, Accountancy and Tourism Services.

ABS party-list Rep. Catalina G. Leonen-Pizarro said the MRAs, which were concluded separately from December 9, 2005 to November 9, 2012, should have been implemented to facilitate mobility of practitioners with the ASEAN region and to exchange information and enhance cooperation in respect of mutual recognition of practitioners.

She said the agreements will also promote adoption of best practices on standards and qualifications; and will also provide opportunities for capacity building and training of practitioners.

Since December 15, 1995, the ASEAN has recognized and emphasized the growing importance of trade in services through the adoption of the ASEAN Framework Agreement on Services (AFAS) by the ASEAN Economic Ministers during the 5th ASEAN Summit in Bangkok, Thailand, according Leonen-Pizarro’s resolution.

The party-list lawmaker explained the AFAS seeks “to substantially eliminate restrictions to trade in services among ASEAN Member States, enhance cooperation in services, liberalize trade in services, and promote efficiency and competitiveness of ASEAN service suppliers.”

“It establishes the general guidelines for mutual recognition, denial of benefits, dispute settlement, institutional mechanism and other areas of cooperation in the services sector,” she added.

Article V of the AFAS provides “that the ASEAN Member States may recognize the education or experience obtained, requirements met, and licenses or certifications granted in other ASEAN Members States, for the purpose of licensing or certification of services suppliers,” the resolution said. - by Charissa Luci - Manila Bulettin

Pres. Aquino urged to hasten full implementation of ASEAN accords on professional services

The Philippines has yet to fully implement the Mutual Recognition Agreements/Arrangement (MRAs) entered into among Association of Southeast Asian Nations (ASEAN) member states covering eight professional services.

The special House Committee on East ASEAN Growth AREA (EAGA), chaired by Hon. Raymond Democrito C. Mendoza (Party-List, TUCP), has adopted, subject to form and style, House Resolution 1482 authored by Hon. Catalina G. Leonen-Pizarro (Party-List, ABS).

HR 1482 is entitled a "Resolution urging the Executive Department thru H.E. President Benigno S. Aquino III to issue a Memorandum Circular to fully implement the MRAs entered by the ASEAN Member States such as the Brunei-Darussalam, Indonesia, Malaysia, Philippines (BIMP-EAGA) and other ASEAN Member States affecting eight (8) professions in the country, including Engineering Services, Nursing Services, Architecture, Surveying, Medical Practice, Dental Practice, Accountancy and Tourism Services, ensuring enhancement measures and safety nets in the light of the ASEAN integration in 2015."

Leonen-Pizarro cited the following objectives behind the MRAs: 1) to facilitate mobility of practitioners with the ASEAN region; 2) to exchange information and enhance cooperation in respect of mutual recognition of practitioners; 3) promote adoption of best practices on standards and qualifications; and 4) to provide opportunities for capacity building and training of practitioners.

The eight professional services of which the Philippine Government is a signatory under an MRA with the ASEAN were concluded separately from December 9, 2005 to November 9, 2012, the author noted.

She recalled that since December 15, 1995 the ASEAN has recognized and emphasized the growing importance of trade in services through the adoption of the ASEAN Framework Agreement on Services (AFAS) by the ASEAN Economic Ministers during the 5th ASEAN Summit in Bangkok, Thailand.

The AFAS aims to substantially eliminate restrictions to trade in services among ASEAN Member States, enhance cooperation in services, liberalize trade in services, and promote efficiency and competitiveness of ASEAN service suppliers.

The AFAS establishes the general guidelines for mutual recognition, denial of benefits, dispute settlement, institutional mechanism and other areas of cooperation in the services sector, she pointed out.

Article V of the AFAS, the House Resolution noted, provides that the ASEAN Member States may recognize the education or experience obtained, requirements met, and licenses or certifications granted in other ASEAN Members States, for the purpose of licensing or certification of services suppliers.

Leonen-Pizarro also noted that during the 9th ASEAN Summit held on October 7, 2003 in Bali, Indonesia, ASEAN Heads of States/Governments signed the Bali Accord II and declared the establishment of an ASEAN Community which comprises the political, economic, and security communities to include the completion of MRAs for qualifications for major professional services by 2008 to facilitate free movement of professional/skilled labour/talents in the ASEAN.

Furthermore, the author cited Executive Order No. 83, issued by the President on October 1, 2012, entitled "Institutionalization of the Philippine Qualifications Framework (PQF)" to, among other vital objectives, "align the PQF with international qualifications framework to support the national and international mobility of workers through increased recognition of the value and comparability of Philippine qualifications."

Above other laws and issuances related to professional services, the authors noted that "Art. XII (National Economy and Patrimony), Sec. 14 par. (2) of the 1987 Philippine Constitution provides that the practice of all professions in the Philippine shall be limited to Filipinos citizens, save in cases prescribed by law."

One vital reference statute on the subject is Republic Act No. 8981 otherwise known as the "PRC Modernization Act of 2000" which provides that Filipino and foreign professional practicing in the Philippines are regulated and screened by the Professional Regulatory Commission (PRC) which is attached under the Department of Labor and Employment (DOLE).

By Dionisio P. Tubianosa, Media Relations Service-PRIB