A bill seeking to improve government regulations on the employment of foreign nationals in the country has been endorsed for the Senate's approval.
Senator Joel Villanueva, chairperson of the Senate Labor, Employment, and Human Resources Committee, sponsored on Tuesday afternoon Senate Bill No. 1778, which seeks to amend the Labor Code to address the influx of illegal foreign workers in the Philippines.
In his sponsorship speech, Villanueva underscored the importance of a "Filipino First Policy" in job opportunities in the country especially after the COVID-19 pandemic displaced millions of Filipino workers here and abroad.
"However, even before and amidst the pandemic, one particular malarkey that add salt to the wounds of our Filipino workers is the influx of foreign workers in the country who take on jobs that Filipinos are competent, able, and more than willing to take, such as call center agents, electrical technicians, tour guides, machine operators, and construction workers,"
"Pati po mga barbero at chef sa mga restawran natin – may mga dayuhang manggagawa na rin (Even barbers and chefs -- workers are also foreigners). Hindi po ba katumbas na rin ito ng pagpayag nating ipanakaw ang mga trabaho at oportunidad na sa mga kababayan pa lang po natin ay kulang na kulang na (Isn't this equal to allowing our jobs and opportinities to be robbed)?" he added.
He also mentioned the "virulent mushrooming" of Philippine offshore gaming operators or POGOs which were hit for their violations of immigration, tax, and labor regulations.
POGOs continue to operate despite the government's strict quarantine rules and prohibition on non-essential movement, he said, "samantalang hindi naman makapasok sa kanilang mga trabaho ang mga Pilipino (while Filipinos can't even go to their places of work)."
"We believe, Mr. President, that the DOLE (Department of Labor and Employment) should adopt a more stringent process for vetting of foreign workers, not just in POGOs, but in all industries, considering the peculiarities of the industry," he said.
"Sa laki ng pangangailangan ng mga Pilipino sa trabaho, hindi na dapat maging bahagi ng ating 'new normal' ang patuloy na pagdagsa ng mga ilegal na dayuhang manggagawa sa bansa (With the urgent need of Filipinos for jobs, the influx of illegal workers to our country should not be part of our 'new normal')," he said.
Under SB No. 1778, all non-resident foreign nationals seeking employment in the Philippines must apply for an employment permit from the DOLE.
This, Villanueva said, will remove the supposed ambiguities in the Bureau of Immigration's issuance of working permits to foreigners employed here for three to six months.
The bill says that alien employment permits (AEP) may only be given by the DOLE if there are no qualified and willing Filipino who can perform the services for which the foreigner has qualified for.
The Secretary of Labor may grant to foreign nationals exemptions to the conduct of labor market tests in accordance with law only in occupations in short supply according to the DOLE's labor market report, and only upon tripartite consultation.
Meanwhile, employers engaging foreign nationals must have an understudy program duly approved by the DOLE, committing to train Filipinos who could otherwise succeed the foreign national in his/her task, within a specified period.
Foreign nationals shall also be prohibited from changing positions in the same company or transferring to another company without the approval of the DOLE.
The bill also proposed penalties for hiring foreign nationals without AEP; for failing to complete the skills and technology transfer to Filipinos by employed foreign nationals within the prescribed period; and for changing positions or employers by foreign nationals without the prior approval of DOLE.
Villanueva said that he is not against the entry of foreign employees "as long as walang (there are no) more than willing or able na makakagawa o gagampanan ang kanilang trabaho dito sa PIlipinas (who can do their job here in the Philippines)."
"The bottom-line principle of this bill is 'Filipino First Policy' in the labor market in the Philippines. It is a matter of sovereignty, Mr. President. It is a matter of employment, of livelihood, and earning a living, and living a life of dignity," he said.
Sen. Ramon "Bong" Revilla Jr., co-author to the bill, also said that the measure will help displaced workers recover from the pandemic.