More illegal
foreign workers caught, TUCP urges senate and house to begin probe
By TUCP
August 13, 2014
QUEZON CITY – With
the arrest of 52 more foreign workers allegedly working without valid
working permits in Davao City last week, the Trade Union Congress of
the Philippines (TUCP) urges the Senate and the House of
Representatives to act on their pending resolutions calling for a
probe in aid of legislation on the matter.
“There is indeed a clear,
continuing and growing violation of our domestic laws. The increasing
incidence of migrants working in the country without necessary
government working permits and without fulfilling other requirements
for alien workers has very serious adverse implications not only in
the local construction industry, fishing, mining and other industries,
but also in the current employment and underemployment situation in
the country. This further undermines the job security in the country,
as they compete with the already limited jobs generated for the
Filipinos in our homeland,” TUCP spokesperson Alan Tanjusay said.
For not having valid working
permits, the Bureau of Immigration (BI) rounded up last week 50
Chinese, one British and one Australian working in the construction of
coal-fired power plant Therma South Inc., a wholly-owned subsidiary of
Aboitiz Power Corporation.
There is also a need to
investigate Aboitiz Power Corporation on how were they able to hire
the foreigners amid the existence of the law.
In December last year, the
BI detained and deported more than 200 foreign workers working in
construction sites in Bataan and Batangas provinces after they were
discovered to have without working permit.
But on one hand, Tanjusay
stressed that the probe, if ever, will also benefit migrant workers in
terms of labor standards and working conditions. Illegal migrant
workers, he explained, are vulnerable to violation and exploitation of
their basic rights as workers as they cannot be provided protection by
our laws.
“They are susceptible to
being abused for reasons such as their lack of capacity to speak and
understand the Filipino language and other exploitative working
conditions such as unjust compensation given to them. They should
enjoy the freedom from this worst form of modern-day slavery,”
Tanjusay said.
Senator Miriam-Defensor
Santiago filed Senate Resolution 288 in December 2013 and TUCP
Party-list Rep. Raymond Mendoza filed House Resolution 974 on February
2014 to conduct an inquiry aid of legislation on the said matter but
neither happened.
Philippine unemployment
rates have remained static on the average of 7% the past years.
According to the April 2014 Labor Force Survey, the unemployment rate
was at 7.0% or 2.924 Million of the total labor force of 38,172,006,
excluding the typhoon Yolanda stricken areas while 18.2% or 7.0
Million were underemployed, and about 36.9% or 1.078 Million of the
unemployed are were college undergraduates and graduates.
The World Bank, through its
Philippine Development Report (PDR) released in September 2013,
estimates that about 10 million good jobs are needed to be generated
per year which includes jobs for about three (3) million people who
are unemployed and seven (7) million who are underemployed, and that
the government also needs to create employment for another 1.15
million new entrants to the labor force every year from 2013 to 2016.
On the average, the
government can only generate about 240,000 new employment
opportunities annually which leave most job-seekers with no choice but
to either seek employment abroad, remain unemployed, go back to
school, or rely on financial support from employed family members for
the time being.
“We clearly reiterate that
TUCP is not against the entry of foreign workers in the country, but
of the adverse impact on our very own workers who are being deprived
of potential employment and livelihood opportunities,” Tanjusay added.
Foreign nationals must go
through the due process legally mandated by the laws. Under the
Department Order No. 12 (Series of 2001) known as the Omnibus
Guidelines for the Issuance of Employment Permits of the Department of
Labor and Employment, all foreign nationals seeking employment in the
Philippines are mandated to apply for an Alien Employment Permit (AEP).
DOLE Order No. 12 states
that “an AEP shall be issued based on the following: (i) compliance by
the applicant employer of the foreign national with the substantive
and documentary requirements; (ii) determination of the DOLE Secretary
that there is no Filipino national who is competent, able and willing
to do the job for which the services of the applicant is desired; and
(iii) assessment of the DOLE Secretary that the employment of the
foreign national will redound to national benefit.”