Proposed labor law may render RP-CNMI labor agreement moot

The apparent failure of the Department of Labor and Immigration to consult with the Legislature on the amendments made to the bilateral labor agreement between the CNMI and Philippine governments may render the recently-signed pact moot and academic.

A pending legislative measure could make this scenario possible primarily because the Philippine government does not allow its workers to leave the country unless certain conditions are met that include a requirement for employers to shoulder 100 percent of their Filipino workers’ medical expenses.

This, as a labor bill which is now under review by the House Committee on Judiciary and Governmental Operations chaired by Rep. Dino M. Jones calls for a shared medical cost between the employers and their nonresident workers.

Officials said the bilateral agreement signed by Gov. Pedro P. Tenorio with then-Philippine Labor and Employment Secretary Bienvenido Laguesma in Manila in December runs in contrast with the proposed legislative measure.

But Mr. Jones said his committee is yet to receive any formal word from the Philippine Consulate about the issue, adding that consultations are now ongoing between the House body and the labor and immigration department.

He also slammed DOLI for its failure to consult with the Legislature any of the changes offered in the table during the negotiations for the amended RP-CNMI Labor Agreement.

“That agreement is the administration’s agreement with the Philippine government. The Legislature has not been consulted in any way by DOLI when they are discussing it with officials from the Philippines,” he told reporters.

He would not say, however, how do they intend to address concerns on the contradictions between the proposed CNMI legislative measure and the existing labor agreement signed by the Commonwealth with the Philippines.

The congressman only underscored the need for administration officials and legislative leaders to sit down and consult each other before the Commonwealth enters into any binding agreement with other jurisdictions.

Mr. Jones emphasized the need for consultations to prevent inconsistencies in government policies. He is particularly concerned on the consequences of reintroducing House Bill 12-275 and its possible effects on the standing agreement between the CNMI and the Philippines.

HB 12-275, while lessens employer contribution on the medical expenses of their nonresident workers, aims to overhaul existing Commonwealth regulations on the importation of foreign workers into the CNMI.

HB 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.

Mr. Jones is advancing the possibility of requiring guest workers who earn more than the $3.05 per hour to co-share their medical expenses with their employers.

The Philippine Consulate previously raised concerns over the proposed measure because it seeks to eliminate certain privileges currently enjoyed by thousands of nonresident workers in the Northern Marianas.

The Consulate made its concerns known to the Commonwealth labor and immigration department and some members of the CNMI Legislature including Senate President Paul M. Manglona.

Officials, however, stressed that 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.

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.