Senatoriables: No to reckless deportation of Chinese workers

Eleven senatorial candidates agreed that illegal Chinese workers should not be recklessly deported to their home country but want the government to strictly enforce the law on aliens in the country.

In the third ABS-CBN-Manila Bulletin Senatorial Town Hall debates, Tourism sophomore Arvin Carlos from the Far Eastern University (FEU) asked the candidates what is their stand about the growing number of Chinese nationals in the country.

Most senatorial bets agreed that the illegal Chinese workers should not be deported recklessly out of fear for Filipino workers who are in China.

According to Shariff Albani, people should consider the long-standing ties between the Philippines and China. He wants to check the policies that allow the entry of foreign workers before making any action. Fellow senatorial candidate 41-year-old teacher Jesus Caceres shared the same view, saying it will help improve the country.

Gerald Arcega is pushing for a ban on illegal foreign workers in the country. "Pinoy dapat ang employer dito, hindi Tsino (The employers should be Filipinos, not the Chinese)," he said.

Marcelino Arias also agreed that the rule of law should be observed but disagreed with the stand of President Duterte that Filipinos should just let illegal Chinese workers work in the country. He agreed that it is only fair that China does the same to illegal Filipino workers in their country.

Jonathan Baldevarona said that he wants to make concerned agencies like the Department of Labor and Employment (DOLE) and the Bureau of Immigration (BI) accountable if they fail to implement the law on employment and the entry of aliens in the country. He agreed that Chinese workers with deportable violations should be deported.

Radio commentator Melchor Chavez said that only those with legitimate contracts should be allowed to stay in the country because Filipino workers are put at a disadvantage.

Charlie Gaddi said that the government should regulate the entry of Chinese workers in the country because Filipino workers are losing the opportunity to land jobs because of them.

Businesswoman Emily Mallillin believes that the Chinese are the main source of illegal drugs in the country but said that those who follow Philippine laws should be allowed to stay.

Former newsboy and lawyer Sonny Matula said that Filipino workers should be protected and that the Chinese nationals who entered the country illegally should be deported. He also wants to penalize recruiters and those who hire illegal Chinese workers.

Luther Meniano first wants to take a look at the DOLE's implementing rules and regulations and see how many foreign workers are allowed in the country, or how many are allowed in a workplace or project.

Lawyer Allan Montaño said foreign workers should only be hired if it is allowed by the DOLE. He also wants to investigate how these workers entered the country. He added that if there are no Filipinos willing to do the job, Chinese workers should be allowed to stay.

Taxing foreign workers

The Department of Finance (DOF) and the Bureau of Internal Revenue (BIR) are working closely with other government agencies, including the justice and labor departments, to ensure that foreign nationals working in Philippine offshore gaming operations (POGO) comply with the country’s tax laws, particularly in the payment of income taxes.

Under Revenue Memorandum Circular (RMC) No. 78-2018, all foreign and Philippine-based gaming operators, including those with offshore licenses, are now required to register with the BIR as a prerequisite in the renewal of their Philippine Amusements and Gaming Corp. (Pagcor) licenses. This mandates the BIR to identify and monitor tax payments including remittances of taxes withheld on foreign nationals working for them.

Finance Secretary Carlos Dominguez III said in a statement on Sunday that the list of foreign nationals working for service providers of POGO operators should be consolidated and reconciled by the various agencies and offices involved in screening, providing work permits, and registering them here in the country.

These agencies include the Department of Foreign Affairs (DFA), which screens and issues visas to foreign nationals entering the country; the Department of Justice (DOJ), which oversees the Bureau of Immigration (BI) that, in turn, grants short-term special work permits (SWPs) to foreigners; the Department of Labor and Employment (DOLE), which issues alien employment permits (AEPs); Pagcor, which has a list of its licensed POGO operators; Department of Trade and Industry (DTI), which oversees the country’s special economic zones (SEZs) where a few of these POGOs operate; and the Securities and Exchange Commission (SEC), which registers POGO agents.

“If we get all that (information), then it is possible that we can begin to collect taxes, enforcing the law on these foreign workers who are operating here. Isn’t that what we really want to do here, enforce the law?” Dominguez said during a recent meeting he requested with the respective heads of these agencies to find ways of making foreign POGO workers pay income taxes to the BIR.

Dominguez said “a good starting point” would be to trace the employers of these foreign workers so that a portion of their salaries could be withheld and turned over to the government as partial payment of their income taxes.

Besides ensuring that foreign nationals comply with tax laws, Dominguez also said it is imperative for the government to find out who and where all these alien workers are, given the national security implications of their large presence in the country.

Contractualization

All of the senatorial hopefuls vowed to end contractualization should they get elected.

Balde Baldevarona, of the Filipino Family Party, said that as a former businessman, there are jobs that are long term and short term but he clarified that he is against contractualization.

Luther Meniano, of the Labor Party of the Philippines said contractualization should end but some jobs should remain seasonal.

Atty. Marcelino “Mar” Arias, a pastor, proposed profit sharing in order to boost the productivity of workers.

Teacher Jesus Caceres said that jobs should be created in the provinces, saying “the welfare of employees will be assured in the draft constitution that is why it should be supported.”

Melchor Chavez, 68, on the other hand, suggested that early retirement for employees as he promised to end contractualization. The government, he said, should double the retirement pay of employees in order for them venture into business.

Charlie Gaddi said that jobs should be created. Atty. Allan Montaño, a labor lawyer, said he is saddened by the sufferings of workers who are employed as “contractuals.” He said more jobs should be created for the people.

Businesswoman Evelyn Mallillin also promised to put an end to contractualization should she become a senator.

Labor lawyer Sonny Matula, of the Labor Party, said that he has long been fighting to end contractualization in Congress as current chairman of Nagkaisa, the broadest labor coalition in the country.

Shariff Albani said that all of them will fight contractualization for the welfare of workers in the country.