TUCP: Chinese are
allowed but keep jobs for Filipinos
Press Release
February 25, 2019
QUEZON CITY –
Chinese workers are welcome in the Philippines. However, the
country’s biggest workers group the Trade Union Congress of the
Philippines (TUCP) maintained that the jobs must be kept to
Filipinos.
“Our laws and regulations
policies are clear: all jobs including skills and professions must
be given to Filipino workers and professionals. 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). 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,” said TUCP President Raymond Mendoza.
Nonetheless, the TUCP said
the AEP and work permit issued by DOLE and BI must be enforced with
routine coordination, monitoring and implemented free from
corruption.
“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,” Mendoza said.
Mendoza said the labor
market test method that the DOLE uses before it issues work permit
is also flawed.
Upon submission of
required documents, the DOLE publishes the names, type of jobs that
foreign workers are seeking in newspapers. If no one files a protest
or complaint about the application for a few days, the applicant is
deemed accepted to work for a certain period.
“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 adding:
“there has to be an immediate serious reforms and improved
implementation of work permit policy applied to foreigners.”
On one hand, the TUCP
meanwhile welcomes all foreigners, even Chinese nationals for that
matter, to come and work in the country as long as they apply for
work permits.
“We urge foreign workers
including Chinese nationals to legalize their stay, abide with our
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. 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.”
It is also worth-noting
that going through the legal process will also benefit migrant
workers in terms of labor standards and working conditions. Illegal
migrant workers 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.
“We even encourage them to
allow TUCP to help and organize them into workers union or
associations while they work here,” Mendoza said.
The TUCP maintained that
the "Build, Build, Build", should foremost generate jobs for
Filipinos first.
"In the Philippines, 'ang
tunay na problema ay kahirapan (the true enemy is poverty).' What is
the point of a building boom if it means that it will be foreign
workers who will be employed and other countries will benefit?"
Mendoza.
TUCP, therefore, supports
a two-pronged strategy to generate decent, sustainable jobs for all
Filipinos. First, increase budgetary allocations to Technical and
Skills Development Authority (TESDA) and target accelerated support
to the regional TESDA centers where most of the "Build, Build,
Build" infrastructure is scheduled to be built. Such support should
be targeted to be appropriate for the construction projects intended
in each region.
Second, the Energy
Regulatory Commission must bring down our power. Our electricity
rates are now the highest in Asia and hamper our economic
competitiveness. By bringing down power rates, investors would have
the incentive to now enter and put up factories with decent
employment even without the need to wait first the next 4 years for
the "Build, Build, Build" projects to be constructed.
"TUCP believes that the
Government should increase the budgetary allocation for the
Technical Education and Skills Development Authority (TESDA) and
DOLE to ensure that the training and re-skilling of Filipino workers
can be fast-tracked. We recommend that priority be given to areas
and regions where the Administration construction projects are being
put up to cut down on time-and-motion manpower-lack problems and
fast track towards project completion," explained Mendoza.
"The problem of power
rates can be addressed even without obligating the Malampaya Funds
to answer for the stranded costs of the privatized National Power
Corporation. The ERC can move away from the 'sky-is-the-limit'
Performance-Based Rate-making tariff system that has made our power
rates unaffordable. The ERC can instead use the 12% Return-on-Rate
Base (RORB) tariff under the 1936 Public Service Law. Further, we
can push the ERC to insist that all of the Power Supply Agreements (PSAs)
of the Distribution utilities – including that of MERALCO – be
subjected to international public bidding. Lets put an end to
'sweetheart contracts' between power generators and distribution
utilities. These players have price-gouged our poor consumers and
suffering industries for the past 16 years. It is not the cost of
labor which has made our economy uncompetitive. For Small and
Medium-scale Enterprises (SMEs), electricity costs constitute 60% of
their operational costs," added Mendoza.