Manpower agencies clash with lawmakers over new OFW bill
MANILA, Philippines - A proposed amendment being sought to strengthen the Migrant Workers and Overseas Filipino Act of 1995 is being opposed by local manpower agencies, who warned that it would limit the labor market for Filipino workers.
Section 4 of Republic Act 8042 currently allows a country to hire workers from the Philippines if any of the following conditions exists:
a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
A consolidated version of House Bill Nos. 628, 699, 700 and 769, seeks to delete Section 4 (d) of RA 8042. Among the substitute bill’s authors, are Reps. Rex Gatchalian (Valenzuela, 1st district), Arthur Pingoy Jr. (South Cotabato, 2nd district) and Judy Syjuco (Iloilo 2nd district).
During a public hearing by the House Committee on Overseas Workers Affairs last Wednesday, Victor Fernandez, president of the Philippine Association of Service Exporters, Inc. (Pasei), argued that the proposed amendment would be harmful not just to recruitment agencies but to OFWs seeking work abroad as well.
“If you delete section 4 (d), you prevent the opening of new industries because once that’s approved, we cannot deploy to a country that has no such laws or agreements," he explained.
Jackson Gan, spokesman of the Federated Association of Manpower Exporters, agreed with Fernandez. “This limits the opportunities for Filipino workers because of the existence of non-complying countries," he said.
But Jun Pablo, representative of Representative Pingoy explained that the deletion of the section serves a “legislative intent."
“Section 4 (d) is seen as the weakest link, a loophole. It will allow countries employing Filipinos to not make the necessary precautions for their workers," he asserted.
Pablo also said that a country could easily claim that they are taking “positive, concrete measures" but may not be able to prove it. “If there are no concrete guarantees, why send them (OFWs) in the first place?" he asked.
Proponents of the measure got support from migrant rights advocate Kanlungan Center Foundation.
Kanlungan representative Aladdin Diega said letter “d" of Section 4 could be discarded since the three other options, which were for the rights of the workers, would suffice.
Manpower agencies also opposed the proposed amendment of Section 10 of the law regarding money claims. The amendment requires that the performance bonds filed by the recruitment or placement agencies should be not less that one million pesos.
Fernandez said that his group has never used such bonds. “It’s a waste of money, I suspect it’s a money-making venture of the government," he said.
He also cautioned the government agencies that if they were to increase the money claims, the recruitment agencies might have to get the money needed from the workers themselves.
The committee’s technical working group will meet next Wednesday to continue their deliberation of the proposed measure.KIMBERLY JANE TAN, GMANews.TV
Section 4 of Republic Act 8042 currently allows a country to hire workers from the Philippines if any of the following conditions exists:
a) It has existing labor and social laws protecting the rights of migrant workers;
(b) It is a signatory to multilateral conventions, declarations or resolutions relating to the protection of migrant workers;
(c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and
(d) It is taking positive, concrete measures to protect the rights of migrant workers.
A consolidated version of House Bill Nos. 628, 699, 700 and 769, seeks to delete Section 4 (d) of RA 8042. Among the substitute bill’s authors, are Reps. Rex Gatchalian (Valenzuela, 1st district), Arthur Pingoy Jr. (South Cotabato, 2nd district) and Judy Syjuco (Iloilo 2nd district).
During a public hearing by the House Committee on Overseas Workers Affairs last Wednesday, Victor Fernandez, president of the Philippine Association of Service Exporters, Inc. (Pasei), argued that the proposed amendment would be harmful not just to recruitment agencies but to OFWs seeking work abroad as well.
“If you delete section 4 (d), you prevent the opening of new industries because once that’s approved, we cannot deploy to a country that has no such laws or agreements," he explained.
Jackson Gan, spokesman of the Federated Association of Manpower Exporters, agreed with Fernandez. “This limits the opportunities for Filipino workers because of the existence of non-complying countries," he said.
But Jun Pablo, representative of Representative Pingoy explained that the deletion of the section serves a “legislative intent."
“Section 4 (d) is seen as the weakest link, a loophole. It will allow countries employing Filipinos to not make the necessary precautions for their workers," he asserted.
Pablo also said that a country could easily claim that they are taking “positive, concrete measures" but may not be able to prove it. “If there are no concrete guarantees, why send them (OFWs) in the first place?" he asked.
Proponents of the measure got support from migrant rights advocate Kanlungan Center Foundation.
Kanlungan representative Aladdin Diega said letter “d" of Section 4 could be discarded since the three other options, which were for the rights of the workers, would suffice.
Manpower agencies also opposed the proposed amendment of Section 10 of the law regarding money claims. The amendment requires that the performance bonds filed by the recruitment or placement agencies should be not less that one million pesos.
Fernandez said that his group has never used such bonds. “It’s a waste of money, I suspect it’s a money-making venture of the government," he said.
He also cautioned the government agencies that if they were to increase the money claims, the recruitment agencies might have to get the money needed from the workers themselves.
The committee’s technical working group will meet next Wednesday to continue their deliberation of the proposed measure.KIMBERLY JANE TAN, GMANews.TV
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