Phil. Labor Office worried over changes to foreign workers law

The Philippine Overseas Labor Office has raised concerns over a proposed measure that seeks to eliminate certain privileges currently enjoyed by thousands of nonresident workers in the Northern Marianas.

Labor Attaché lawyer Araceli Maraya said POLO and the Philippine Consulate have already made their concerns over the proposed changes to the Nonresident Workers Act known to legislators and administration officials.

“We have aired our apprehensions during separate dialogues with Labor Secretary Mark Zachares and some members of the CNMI Legislature including Senate President Paul M. Manglona,” Ms. Maraya told an interview.

She is, however, confident that the proposed amendments to the existing Nonresident Workers Act will not affect the bilateral labor agreement scheduled to be signed by Philippines and CNMI officials in Manila next week.

According to Ms. Maraya, the CNMI would still have to follow the country’s rules and regulations in as far as hiring workers from the Philippines even with the proposed changes that include a 50-50 sharing of medical costs between employers and their workers.

The proposed bill, which already passed the House of Representatives, will implement substantial change in the CNMI’s policies with respect to employers’ responsibilities to pay medical expenses.

House Bill 12-275 also calls for the filing of labor cases directly to the court as it eliminates hearing processes at the Department of Labor and Immigration.

Ms. Maraya said the Consulate is particularly concerned about the elimination of the hearing process at the DOLI because it may discourage nonresident workers from filing cases since it would entail additional expense like lawyer fees.

HB 12-275 will also scrap requirements like the labor certificate or work permit; labor agreement between an employer and the Division of Labor; proof of no prior criminal record on the part of the workers; proof of occupational qualification; and statement of marital status.

Existing legal restrictions on the employment of nonresidents as taxi drivers, secretaries, bookkeepers, accounting clerks, messengers, receptionists, surface tour boat operators, bus drivers, and telephone switchboard operators will be scrapped once it is passed.

At the end of the contract period, the employer should repatriate the worker to the country of origin at the employer’s expense within five days after the termination of the contract.

Ms. Maraya said the legislation eliminates certain privileges enjoyed by nonresident workers while acknowledging that HB 12-275 reduces significantly the bureaucracy in handling employees’ permit with the Division of Labor.