Showing posts with label PSLINK. Show all posts
Showing posts with label PSLINK. Show all posts

Sunday, August 31, 2008

Philippine State Workers Cry Foul Over Tax Relief

MANILA, Philippines (Mindanao Examiner / August 31, 2008) - Filipino civil workers criticized the Arroyo administration for seeking to pass regulations for the implementation of the tax relief package that were allegedly flawed.

President Gloria Arroyo in June signed into law the Republic Act No. 9504, otherwise known as the “Tax Relief Package Law,” which exempts minimum wage earners in both the private and public sectors from paying income tax and increases personal and additional tax exemptions allowable to individuals.

However, three months after the law was adopted,its implementing regulations have yet to be finalized by the Bureau of Internal Revenue (BIR) and the Department of Finance (DoF). The Public Services Labor Independent Confederation (PSLINK), a national union representing more than 80,000 government employees, claimed that the present draft of the implementing regulations is laden with restrictive provisions that effectively prohibit many minimum wage earners who are supposed to benefit from the law from being covered by the income tax exemption.

“RA 9504 clearly states that workers who are receiving a compensation income not more than the statutory wage fixed by the Regional Tripartite Wage and Productivity Board are considered minimum wage earners and are therefore entitled to exemption from paying income tax,” said Annie Geron, PSLINK general secretary.

“This runs in contrast to what the draft implementing regulations stipulates as the latter creates its own qualifications of who should be covered by the tax exemption package, consequently redefining who a minimum wage earner is,” Geron said.

The state workers’ group was referring to the set of conditions under the draft regulations which state that workers whose basic pay are equal to the minimum wage but receive additional compensation such as commissions or honorarium, benefits in excess of the statutory tax-exempt amount of P30,000, taxable allowances and other taxable income other than the basic pay, holiday pay, overtime pay, hazard pay and night shift differential pay, and other income not subject to final tax shall not be considered as minimum wage earners.

Hence, their entire pay including whatever excess in benefits and additional income that they receive will be subjected to income tax.

PSLINK also condemned as unfair and unlawful the proposal to implement the increase in personal and additional exemptions only to income earned from the month of July. This, according to the state employees union, diminishes the benefits intended by the law to minimum wage earners and individual workers who will benefit from the increased tax exemptions.

“The proposed regulations also violate a previous Supreme Court decision in the Umali v. Estanislao case which ruled that increased tax exemptions should cover compensation income earned for the entire year,” Geron said.

In addition, the group criticized the draft regulations for being unnecessarily stringent with its various administrative requirements and procedures.

The union claimed the required filing of updated exemption status even if there is nothing to update under pain of "disallowance" of any personal or additional exemptions and the filing of quarterly summary lists make compliance excessively cumbersome for both employers and their workers. “We don’t understand why the BIR and the DoF have to complicate the rules for implementing the tax exemption law,” Geron said.

“Instead of providing relief, the draft regulations impose undue burden to employees and employers alike. This is particularly true for the public sector which is already reeling from loads of administrative work.”

PSLINK also said the Arroyo administration may be using the draft regulations to make it difficult for employees to benefit from tax exemption law as its implementation will result to a drop in one of their main sources of revenue.

But the national union argued that the workers should not be made to pay for any reduction in revenue collection that will result from the implementation of the tax relief package law.

“The administration could very well offset their loss in revenue from the workers’ income taxes if only it would stamp out corruption that drains away much-needed resources that could have otherwise gone for public services,” Geron said.

“The tax relief package law is already too little, too late. Workers are already overwhelmed by the high prices of food and fuel. We shouldn’t be made to wait any longer for the proper implementation of the tax exemptions," she said.

Friday, July 25, 2008

Philippine Nurses Cry Over Low Pay

MANILA, Philippines (Mindanao Examiner / July 25, 2008) - Filipino nurses held a noise barrage in one of Manila's oldest government hospital to protest the failure of the Arroyo administration to increase their salaries as mandated by law.

More than 100 protesters criticized the government for its failure to implement the hike in the minimum base pay of nurses as mandated by the Nursing Act of 2002.

Dozens of nursing students also joined the rally which was organized by the Philippine Nurses Association (PNA) and the Public Services Labor Independent Confederation (PSLINK) and the National League of Government Nurses (NLGN). The Alliance of Health Workers (AHW) also supported the protest which was later followed by a press conference.

Under the Nursing Act of 2002, the minimum monthly compensation for entry-level nurses should be pegged at least to Salary Grade 15 which is equivalent to P16,093.

However, six years after the enactment of the said law, many nurses are still grossly underpaid. PNA President Dr. Leah Primitiva Paquiz said there are still government nurses receiving less than P10,000.

“How do we expect these nurses to remain in government service with this kind of salary?” Paquiz asked during the Press conference. She pointed out that while pay is not the primary reason why nurses serve, it becomes the major factor that forces nurses to leave the country and work overseas in order to support their families.

Annie Geron, PSLINK Secretary General confirmed that many nurses would not have left the country had they been accorded a living wage at least.

“Setting the minimum base pay of nurses at Salary Grade 15 does not make it comparable to the salary that a nurse can get in other countries which offer a salary from $3000-$5000,” said Geron, adding, “but this will already do a lot in terms of providing them an incentive to stay in the country.”

Poor pay has contributed to the massive exodus of Filipino nurses, particularly in the period from 2002 to 2006 when the out migration of nurses was at its peak. This mass out migration in turn has led to several hospitals and health facilities closing down due to the lack of skilled health personnel.

“Let us not wait for the time they all leave to work abroad even if in their hearts they would rather serve the Filipinos,”Paquiz said.

Prices of basic commodities such as food and oil have increased many times since the adoption of the nursing law which is why the nurses see the implementation of the nursing law as urgent.
The groups said it plan to hold a protest action in Manila on July 28 to coincide with State of the Nation Address of President Gloria Arroyo.

Wednesday, April 30, 2008

No to Artificial Solutions! Yes to Decent Work and Pay!

MANILA, Philippines - As the nation prepares to commemorate Labor Day, the Arroyo administration has certainly been busy conjuring artificial solutions to appease the growing frustration and resentment of workers nationwide over its anti-poor and anti-labor policies and programs.

GMA has declared that on May 1, she will be implementing a package of benefits to address workers’ concerns such as tax exemptions for minimum wage earners and provision of non-wage benefits for workers. But these plans barely touch on the real issues confronting the working class, both in the private and public sector.

Wages have never been as unacceptable, unjust and irreconcilable as they are now under the present regime which has indefatigably neglected the cries of workers for decent work, decent pay and decent life for all.

Working conditions continue to deteriorate and not enough decent jobs have been created for the people. Worse, the administration has even promoted the export of labor as a national policy, instead of working towards enhancing domestic employment and investing in human resources development.

We in the Public Services Labor Independent Confederation (PSLINK), a national union representing more than 80,000 government workers from national government agencies, local government units, and government-owned and controlled corporations, will not be mislead into accepting quick, artificial solutions which are obviously political stunts meant to cover up GMA’s piling atrocities against all Filipino workers and project an image of a seemingly responsive and concerned president.

We will not be duped into accepting her so-called package of benefits which are merely poor substitutes for genuine decent work and job creation.To adequately address the concerns of government workers and help them cope with the worsening energy and food crises due to rising cost of oil and basic commodities, we workers in the public sector call for the following:

* Increase the salary bracket for tax exemption of government workers (tax exemptions to include at least those receiving Salary Grades 1 to 15)

* Moratorium on withholding the income tax of government employees to increase their take home pay for at least a year

* Instead of the planned 10 percent increase in the salaries of government workers which will hardly impact on their take home pay as it will only be eaten by tax, the government should push for the passage of the proposed Government Classification and Compensation Act—a bill that will not only make salaries of workers in the government comparable to those in the private sector but will also appropriately value work based on performance and a set of identified compensable factors.

It seeks to address the distortions and inequities plaguing the present compensation system and consequently reduce corruption and ease the outmigration of government nurses and teachers that has already led to the closure of several hospitals and health facilities.

* Increase budgetary allocations for basic public services such as health and education
* Condonation of the loan penalties for the Government Service Insurance System (GSIS) to ease the financial burden of government employees

* Reform of the Government Service Insurance System (GSIS) Transparency and accountability must be brought back to the state pension fund. The gross mismanagement of GSIS must be stopped by instituting a revamp of its current Board of Trustees and sacking its President, Winston Garcia

* Creation of plantilla items for the casual or contractual workers in the government including Barangay Health Workers and Day care workers who are merely recognized as volunteers in the government

* Allocation of funds for the implementation of the different laws covering different sectoral groups in the public sector such as the Magna Carta of Public Health Workers, Magna Carta for Public School Teachers and Magna Carta for Disabled Persons Unless these calls are met, government workers who form the backbone of the bureaucracy will continue to bear the burden of meager and inequitable pay, failing investments in public services, corruption, deteriorating professionalism, and demoralization. This does not bode well for the millions of Filipinos now driven to poverty and dependence on public services.

It is high time the administration institute genuine measures for the sake of the 1.5 million-strong workforce it employs. Government workers will not any more tolerate artificial solutions by an artificial president!

ANNIE ENRIQUEZ-GERON
General Secretary
Public Services Labor Independent Confederation (PSLINK)
#15 Clarion Lily St., Saint Dominic Subdivision I
Congressional Avenue, Project 6, Quezon City

Wednesday, February 13, 2008

A Mockery Of Whistle-Blowing And Anti-Corruption Efforts: PSLINK

MANILA - The current Jun Lozada expose has brought to fore many critical issues chief of which is the preponderance of graft and corruption in the country. But for civil servants, the whole affair most glaringly exposed the lack of security, protection mechanisms and regard accorded to whistleblowers.

Ironically, it is the administration itself to blame for this sad state of affairs.

Whistle-blowing has been proven to be an integral and effective tool in fighting corruption around the world. But the Arroyo administration has besmirched the essence of whistle-blowing in the country as can be gleaned from the recent showdown between the administration witnesses and Lozada in the Senate.

The administration came fully prepared for battle during the hearing. With all their doggedness, they endeavored to discredit Lozada, portraying him as the mischief maker, an attention-grabber, somebody who had a “penchant for drama.”
They insisted on inconsistencies in Lozada’s claims, exploiting whatever gap they could find and making a whole fuss about it. Further, they went all-out to convince the public that Lozada was not abducted to prevent him from testifying and accused him and his family of acting in “bad faith” when they filed a petition for writs of habeas corpus and amparo.

All these efforts by the government have turned the whole affair intended to unveil the truth behind a highly questionable multi-million dollar broadband project into a mere recital of rehearsed lies, ruses and red herrings.
If there’s anybody acting in bad faith, it is the Arroyo administration, with its manipulative ways and palpable efforts to curtail the truth by preventing its executive officials from testifying and discouraging the practice of whistle-blowing as a way to fight corruption.

We commend Lozada for speaking up even at the risk of retaliatory attacks from those in power. Contrary to popular belief, there is nothing glamorous, advantageous or comfortable in being a whistleblower.

As a national union of government workers committed to eradicating corruption in the public sector, we have had to live through the sad reality of whistle-blowing under this administration. In a lesser publicized case, but which involves a cabinet official of Arroyo nonetheless, some of our affiliates who blew the whistle against TESDA Director General Augusto Syjuco have had to go through the same intimidation, coercion and emotional distress to which Lozada had been subjected to.

Consequently, we sympathize with Lozada and the rest like him who have suffered unduly because of this administration’s intolerance to criticisms and whistleblowers.

Lozada’s coming out heralds a new sensitivity on the part of the Filipino public to whistleblowing. Unlike in previous high-profile whistleblowing cases where those who blew the whistle did not quite get sympathy from the public, Lozada is believable in the eyes of many.
The fact that Lozada has acknowledged his improprieties in the past does not make him less of a whistleblower. In contrast, it actually shows his humility and sincerity. This explains why the majority of the public has taken his side.
Corruption is an age-old problem but it has become pervasive and insidious more than ever because fighting it is impossible under the current administration. We cannot expect any change under an administration that makes a mockery of authentic whistleblowers and anti-corruption stalwarts. We cannot expect change under an administration that turns crooked officials into allies and beneficiaries of goodwill, and legitimate whistleblowers into wrongdoers and enemies of the state.

We urge other brave souls privy to anomalous government deals and projects to come out. Let us use whistle-blowing as a legitimate medium to report on the excesses and unjust and immoral practices under the Arroyo administration. Let us use it as a means to challenge wrongdoing in the government and rid it of corrupt and abusive officials.

PSLINK is an umbrella organization of unions and associations in the public sector representing more than 80,000 government workers in the Philippines. PSLINK is committed to the development of a Strong, Accountable, Comprehensive, Responsive, Effective and Democratic (SACRED) Public Services and campaigns for responsible unionism and social dialogue.

Saturday, December 15, 2007

Teachers' Migration Highlights Assembly In Philippines

MANILA, Philippines (Mindanao Examiner / Dec. 15, 2007) - As countries all over the world prepare to celebrate International Migrants’ Day next Tuesday, elementary and high school teachers from all over the Philippines came together to highlight their pressing concerns particularly on the issue of continued outmigration of Filipino teachers to work abroad.

Around 100 leaders of unions in the basic education sector representing 160,000 rank and file teachers on Saturday held a national assembly with the theme “Women and Young Educators Uniting Towards Achieving Transformative and Liberating Education.”

Organized by the Public Services Labor Independent Confederation (PSLINK) in partnership with the International Labor Organization (ILO) and the LO/FTF Danish Trade Union Council for International Development Cooperation, the event served as a venue for teachers to discuss the current state of women and young educators in the Philippines and the emerging challenge of migration of education professionals.

At present, the education sector makes up the biggest slice of the entire nation’s bureaucracy, totaling to more than 520,000 of the 1.4 million government workers in the country, organizers said.

Majority of the education sector is composed of teachers in basic education with 471,837 elementary and secondary teachers in 45,802 public schools in the country.

Of the total number of basic education teachers, 87 % are women. Considering their size, women educators largely bear the burden of the worsening education crisis in the country as a result of the continued neglect by the government to address gaps in the education system, particularly those pertaining to pay and working conditions of the teachers.

“The Arroyo administration persistently boasts that our economy is growing higher than ever, but public school teachers do not feel the benefits of this economic growth,” Annie Enriquez-Geron, General Secretary of PSLINK, said in a statement sent to the Mindanao Examiner.

Third quarter growth based on the latest national income accounts (NIA) figures showed a 6.6 % growth in the nation’s gross domestic product (GDP), higher than the 5.1 % recorded in the same quarter last year. But this growth was primarily driven by the influx of remittances from Filipino migrant workers.

“All the growth Arroyo speaks of is mainly due to the billions of dollars in remittances by our migrant workers, not really because of improvements in the domestic economy. Arroyo has not created enough job opportunities and has not improved employment conditions in the country,” Geron said.

Labor migration has intensified immensely in the last decade. Geron asserts that this is principally due to the administration’s “addiction” to remittances from exporting its labor instead of pushing for genuine job creation.

"The government is not creating decent work in the country. In the education sector for instance, pay for teachers continues to be peg at levels not sufficient to support an acceptable standard of living. Working conditions in public schools are deplorable, especially in rural areas."

"All these factors push our best teachers to go abroad and try their luck overseas. The lucky ones get to practice what they were trained for, but others, forced to work overseas due to the unbearable conditions and the lack of opportunities in the country, become domestic workers,” she said.

Geron argues that the current growth of the economy is not sustainable.

Migration may be bringing in remittances that prop up the economy but it has tremendous social costs to the country such as shortages in talent and the degradation of public services such as health and education.

Jonathan Malaya, Assistant Secretary of the Department of Education, who gave the keynote speech during the national assembly, also acknowledges the growing number of teachers leaving the country and its negative consequences.

“While we have a sufficient number of teachers who can fill items left vacant by those who migrate to work abroad,” said Malaya, “a rising number of those who leave are those with years of experience in teaching and this affects the quality of education in the country.”

Friday, December 14, 2007

Teachers' Group To Hold News Conference On Situation In Philippines


State teachers will hold a press conference on December 16, 2007 regarding their stand on the education budget, the continued outmigration of teachers and its impacts to basic education in the Philippines and the situation of migrant workers, among other issues.


Public Services Labor Independent Confederation

+63 62 9244710


Wednesday, December 12, 2007

Problems, Woes Top Teachers' Agenda At National Assembly In Philippines

QUEZON CITY, Philippines (Mindanao Examiner / Dec. 12, 2007) - Each day about 3,000 Filipinos leave the country to work overseas. And many of these migrant workers are young women educators seeking greener pastures abroad, leaving the country with a shortage of talent and a worsening education crisis.

This continued outmigration of teachers is one of the critical issues that will be addressed in the first National Assembly of basic education sector teachers with the theme “Women and Young Educators Uniting Towards Achieving Transformative and Liberating Education” to be held on December 15-16 at the Occupational Safety and Health Center in Quezon City.

Organized by the Public Services Labor Independent Confederation (PSLINK), a national Confederation of government employees and their unions and associations, in collaboration with the International Labor Organization (ILO), the event will gather 100 union leaders representing 250,000 public elementary and high school teachers from all over the Philippines to discuss pressing concerns of women educators and ways to improve basic education outcomes.

Teachers are among the skilled workers that have joined the exodus of OFWs leaving for abroad due to the lure of higher pay. Attracting and retaining competent public school teachers remains a huge problem in the country when teachers here are overworked but underpaid.

A public school teacher here only gets around $200-$400 a month while a Filipino teacher in the US can earn $4000 or more. Low-paying jobs, deplorable working conditions and lack of opportunities in the country also drive some teachers to become domestic workers or caregivers just so they can work abroad.

“Decent work and pay for educators are keys to achieving quality education,” Dante Arienza, Deputy-General Secretary of the PSLINK, told the Mindanao Examiner.

“However, it is easy for the government to forget about us teachers. Decades after the enactment of the Magna Carta for Public School Teachers, many of its provisions have still not been enforced. Every elections we risk life and limb to serve as inspectors and canvassers and yet many of us have not been paid yet for our services. The government really just considers us as slaves.”

“It is no wonder then that many teachers go abroad. It is truly depressing to see our best teachers becoming domestic workers in other countries instead of training the minds of our youth today.It is even more depressing to know that these teachers would not have left had they been accorded what is due them,” Arienza said.

Amid the nation’s education crisis and the unabated migration of many of the country’s most brilliant educators, legislators have increased the budgetary allocation for the Department of Education (DepEd) in the General Appropriations Act for 2008 with the Senate just recently passing on third and final reading the P1.277 trillion national budget.

The Deped topped the list of the budget recipients with P138 billion allocated as follows: P2 billion for the repair of school buildings; P760 million to cover the backlog of classrooms; and P420 million for school seats and P330 million to hire new teachers.

But while the bulk of the national budget goes to education, it remains inadequate to address the problems crippling the education sector.

“The budget may have been increased but it still falls short of addressing the gaps in education. Also, increases do not amount to anything if the administration will not address issues of corruption which diverts funds from public service projects to the pockets of a few greedy individuals,” Arienza said.

Aside from low pay and budget for education, teachers are also disgruntled with the unfair practices of the Government Service Insurance System (GSIS).

Many teachers criticize the GSIS for its excessive deductions, compounded interests on delayed remittances of GSIS premiums, failed computerization program and undue suspension of housing and salary loans.

“It is high time the government reform the GSIS,” said Arienza. “It is certainly unfair that while teachers comprise almost half of the entire bureaucracy which contributes to the GSIS, they are made to suffer all sorts of inconveniences and difficulties because of the gross mismanagement of the state pension fund.”

Teachers in the Autonomous Region in Muslim Mindanao (ARMM) were also complaining about non-payment of their salaries the past months and were threatening to stage protests. The ARMM is composed of Sulu, Tawi-Tawi, Basilan, Maguindanao and Lanao provinces.

Saturday, October 06, 2007

Philippine Teachers Decry Poor Working Conditions, Delay In Benefits


Filipino teachers during the World Teachers' Day celebration in Manila. Many teachers accuse the government of ignoring their plight and urge President Gloria Arroyo to carry out true reforms that will benefit not only the teachers, but all state employees.


MANILA, Philippines (Mindanao Examiner / Oct. 06, 2007) – About a thousand teachers held a peaceful rally in Manila, coinciding with the World Teachers’ Day, to assert their rights and call attention to poor working conditions of the country’s more than a half a million government teachers.

Most of those who joined the assembly were from four national teachers’ unions - the National Federation of Teachers for Democracy (NAFTED), Teachers Dignity Coalition (TDC), the Teachers and Employees Association for Change, Education, Reforms and Solidarity (TEACHERS, Inc.), and the Teachers’ Organization in the Philippine Public Sector (TOPPS).

Rey Jesuitas, TOPPS president, said the education crisis haunting the Philippines is partly due to the deplorable working conditions and lamentable pay of public school teachers.

He said the teachers were urging Manila to carry out reform in the Government Service Insurance System (GSIS) policies that will address their plight.

They also urged the government to appoint a new GSIS president who can undertake important reforms that will benefit not only the teachers, but all government employees.

The GSIS oversees the social security benefits of government employees estimated at more than 1.5 million. At present, a lawyer from Cebu province, Winston Garcia, is the GSIS president.

“We therefore call the government to reform the GSIS. This will be possible only if Garcia is sacked and replaced by an official who is transparent and has genuine concern for public sector workers,” Jesuitas said in a statement sent to the Mindanao Examiner.

Militant labor groups allied with government labor unions have previously protested Garcia’s continued stay at the GSIS and blamed him for the delays in loans and other state benefits of civil workers.
The teachers who joined the rally have given a failing grade on Garcia’s performance as president of the GSIS.

“As teachers, we decided to come up with a report card to rate how Garcia has fared so far in managing the national pension fund of government workers and he failed,” Jesuitas said.

“Garcia was rated in terms of financial management, efficiency of operations, transparency and accountability, consultation and participation, consistency and service orientation. He received a failing grade in all, getting below the 75% standard passing average, and even got a 0 rating in transparency and accountability and in service orientation.”

“Garcia completely deserves to get a failing grade. In fact, I believe he should have gotten zero in all areas. GMA (President Gloria Macapagal-Arroyo) is to blame too for the woes of the teachers and other government workers, after all Garcia is there primarily because of GMA,” he said.

Wednesday, October 03, 2007

Filipino Group Urges Scrapping Of Japan-RP Economic Accord

MANILA, Philippines (Mindanao Examiner / Oct. 03, 2007) – The Public Services Labor Independent Confederation (PSLINK) has released its position paper on the controversial Japan-Philippines Economic Partnership Agreement (JPEPA) and urged Manila to scrap the accord.

It said four organizations, the Alliance of Filipino Workers, the Confederation of Independent Unions in the Public Sector, the Health Futures Foundation, Inc. and the Philippine Nurses Association are supporting the PSLINK.

Below is the text of the PSLINK position paper sent on Wednesday to the Mindanao Examiner.

“The Japan-Philippines Economic Partnership Agreement (JPEPA) has been receiving quite some coverage lately. While JPEPA is a huge treaty touching almost every aspect of trade in goods, services, investments and labor, two issues have particularly caught the attention of the Philippine public: (1) the provisions that allow for the dumping of toxic wastes in the country and (2) the entry of Filipino nurses and caregivers to Japan.

Much has been said about the latter. The administration has underlined it as a triumph for the country, i.e. opening up a channel for the export of Filipino health care workers to Japan.

The government’s eagerness to push for the opening of Japan’s health care market comes as no surprise, however. Over the years, it has continuously promoted the sprouting of countless nursing schools in the country graduating thousands of nurses every year even while it has not increased local employment opportunities for them.

At the back of their minds, it could always send its thousands of nurses abroad andhas therefore been aggressively searching for overseas market for its health careworkers.

Statistically, the government can argue that there is no shortage of Filipino health care workers ‘produced’ by the country, as cited in the recent report of the Organisation for Economic Cooperation and Development (OECD). However, the report fails to recognize that these health workers produced by the Philippines are problematically oriented towards export, leaving the Philippine health system with a critical shortage of available and employed health workers.

Gambling on Filipino Health Workers’ Hopes

According to recent reports, Japan’s population is expected to drop from 127 million to 100 million by 2050. About a third of the population is also expected to be over 65 years old by then. In view of its declining birth rate and aging population, Japan has been said to be easing its policies on migrant labor. But a question remains: Can JPEPA really provide decent working opportunities for our health workers?

Based on the JPEPA, Japan will allow entry and temporary stay of persons who are college graduates of a four-year course and are licensed nurses in the Philippines with at least three years experience.

Within just three years for nurses (four years for caregivers) from their arrival in Japan, they are expected to take language training for six months, undergo training in a health facility and pass the nursing licensure exams—in Japanese. Unless they are able to meet these requirements, they will have to return to the Philippines.

Should they be able to pass all these, they will be entitled to unlimited renewal of their contracts. But just to get a picture of how difficult this task can get, we cantake a look at the passing rate of information technology workers who also need to take a certification exam in Japanese to qualify to work in Japan: Only around 5 % of Filipinos have passed this exam since five years ago.

Given all the restrictive requirements imposed on our nurses, it seems that they will be gambling three years of their lives—notwithstanding the economic costs they have to shell out as well as the social costs to their families—for an expectation to work in Japan.

Sacrificing the Philippines’ Health Care System

Two years ago, Japan had imposed stricter rules regarding the entry of Filipino overseas performing artists (OPAs). This has resulted to a huge drop in the number of deployed OPAS from 74,480 in 2004 to only 10,615 last year.

This decline can be viewed as a motivation for the government to compensate for the loss of its share in Japan’s entertainment labor market by seeking to obtain access to its health caremarket.

Ultimately, the Filipino health workers are stuck at the raw end of the deal. Instead of addressing the longstanding issues of health workers such as inadequate pay, poor working conditions and lack of opportunities in the Philippines, the JPEPA will only give another reason for the government to push with its labor export policy as a measure to boost the economy through strong remittance flows.

The government until today has yet to fully implement RA 9173 or the Nursing Act of 2002 which sets the minimum base pay of nurses working in the public health institutions not lower than salary grade 15 (P 15,810).

Thus, many nurses still continue to receive unbelievably low wages that do not compensate for the services they render and the risks in the workplaces they are exposed to. In addition, RA 7305 or the Magna Carta for Public Health Workers has also been neglected with many of its promised benefits left unfulfilled.

The government also has consistently been lowering the share of health services inthe national budget. For this year, budget allocation for health is a negligible 1 % of the national budget—by far the lowest in our history.

Inadequate health funding has led to deteriorating pay and working conditions in the public health sector forcing highly competent government nurses to transfer either to the private sector or to higher paying jobs in other countries. Given this situation of employment in the public health sector, the push factor to migration is just too strong; with the government deliberately backing it through its labor export policy.

As a consequence, the exodus of our best nurses and doctors to other countries has reached alarming levels with some hospitals or health facilities closing down due to the lack of experienced health workers. And yet, the government is all too willing to send out its nurses with at least three years experience to Japan further depleting our country of its experienced health care personnel.

In negotiating with Japan on the JPEPA, perhaps the Philippine government should look at the example of how Japanese nurses are calling on their governments to press for retention, better pay and working conditions for nurses in Japan to address the staffing shortage.

The Japanese Nursing Association (JNA), which is the largest nursing professional organization in Japan, is critical of international recruitment as a solution to the apanese health care worker shortage.

In a statement on JPEPA, the JNA has affirmed that the acceptance of nurses from the Philippines is not a solution to the shortage of Japanese nursing staff. The JNA believes that their government must prioritize ensuring the employment of nursing professionals in Japan and supporting job retention.

According to the JNA, there are even 550,000 Japanese registered and licensed practical nurses but are not working as one who can be tapped to fill in the gap. They want their government to focus on facilitating the return of these nurses to their nursing jobs instead of resorting to a stop-gap solution of poaching the Philippines’ valuable health workforce.

If JPEPA is ratified by the Senate, this will embolden the government to enter into agreements that will jeopardize the sustainability of our health workforce and public health services.
This could set the tone for what the government will eagerly include in its ongoing negotiations with other countries like the USA, New Zealand and Australia. By this stance, the Philippine government acts like a salesman peddling its wares, which happen to be its skilled health workers, at the peril of the Filipino citizens’ right to have quality and adequately funded health workforce.

Modern day heroes, or modern day slaves?

While JPEPA has been very detailed in terms of the requirements that need to be met by an aspiring migrant health worker to Japan, it does not have any safeguards whatsoever to ensure that our nurses and caregivers will receive just and fair treatment.

Further, it does not explicitly define what the status of the migrant health worker will be in Japan before he/she passes the licensure exam.

This ambiguity can be used by exploitative recruitment agencies and employers who seek to make money out of a possible source of cheap labor that the JPEPA makes way for—the notorious trainee system of Japan.

The trainee system was established mainly to facilitate the sharing of technical skills between Japan and developing countries.

However, this scheme has been widely abused by firms or institutions as a way to access cheap and temporary labor. Most trainees are asked to render work usually done by a regular employee but are nonetheless paid way below than the latter.

While the trainee system has been primarily utilized in industry firms, the JPEPA paves the way for the expansion of Japan’s critically flawed trainee system to the health sector. As trainees, professional Filipino nurses and caregivers risk receiving mere trainee allowance, not a regular salary of a nurse in Japan.

These allowances are more often than not lower than the minimum wage in Japan or 50% cheaper than the salary of a Japanese nurse. Moreover, our migrant health workers if merely regarded as trainees in Japan will be entitled to virtually zero employment rights as they are not considered employees or workers under the Immigration Control Act.

If a trainee encounters an accident at the workplace, he/she will not enjoy a workers’ accident compensation. This arrangement is highly disadvantageous to our nurses and caregivers who, given the nature of their work, are vulnerable to health hazards and workplace violence and therefore need adequate social protection and assistance.

Besides the unstable status of our workers, the Japanese society’s strong proclivity to preserve their cultural homogeneity may cause tensions that could lead to racism and discrimination of foreign health workers in Japan.

Japan’s failure to ratify ILO Convention no. 111 otherwise known as the Discrimination (Employment and Occupation) Convention is an indication that the Japanese government has not been keen on addressing its persistent problem of discrimination on the basis of race, gender, disability, language and social status.

Japan has also not ratified the Convention on the Abolition of Forced Labor.

The absence of specific clauses that emphasize the need for both parties to JPEPA to commit to international core labor standards and protect the rights of migrant health workers are clearly absent from the agreement (except on Chapter 8, Article 103, but this is more focused on Investment).

The Japanese trade unions, such as JICHIRO, the largest public sector union in Japan, are actively lobbying their government to ensure non-discrimination and equal treatment of Filipino health workers when they come to Japan. They are calling for the full application of Japanese labor laws in order to protect the human and trade union rights of migrant health workers in Japan.

The current administration has branded our nurses as modern day heroes but in reality, treats them as mere commodities to be traded that would bring in precious remittances for the country. The government has hurriedly incorporated into the agreement the sending of nurses to Japan without due regard for the context in which it will be done. Further, the administration signed JPEPA without adequate consultation with the health sector.

Make migration an option, not a necessity. Junk JPEPA now.

If the government, indeed, wants to extol its so-called modern heroes, then it must start by strengthening the domestic economy and the health system that will provide the conditions for them to stay in the country and live their lives in dignity.

If the administration is really sincere in making migration an option, not a necessity, for Filipino workers as it had recently affirmed during the World Economic Forum on East Asia held last June and more recently, the Global Forum on Migration and Development which was held in Brussels this month, it should stop pressuring the Senate to ratify a one-sided agreement that only seeks to push for a policy that promotes the export of labor in order to prop up a failing domestic economy.

While we recognize the right of every person to migrate, we strongly defend the human right to quality and accessible public health services for all Filipino citizens and the right to decent work and decent life in the Philippines for all Filipino health workers.

As trade unions, we reiterate this basic human right for decent work in the place where people live. Selling our health workers, when they are very much needed here, is simply not the solution to our worsening health sector crisis.

Therefore, we stand together as trade unions to oppose the JPEPA on the following grounds:

1. Exporting our needed health workforce spells the demise of our ailing health sector and our dwindling health workforce.

2. The right of the Filipino people to quality and accessible public health services, with an adequately funded health workforce, must take precedence over labor export and reliance on migrant workers’ remittances.

The Philippine government must prioritize retention of our health workers by providing them better pay and working conditions. PSLINK research hass hown that health care workers would rather stay, if only they could earn a living wage.

Migration should be a choice, not a necessity.

In order to provide health workers an option to stay, the Philippine government must implement Republic Act 9173 (Nursing Act of 2002) fully and immediately. It must also prioritize funding for the full implementation of Republic Act 7305 otherwise known as the Magna Carta for Public Health Workers.

We cannot allow the Philippine government to compromise the health of its Filipino citizens and the welfare of its health workers in what is clearly a losing deal with Japan through the JPEPA.

We therefore call on the Senate to stop the sell-out of our health workers. Do not compromise the Filipino citizen’s right to quality health services. Junk JPEPA now.”

Public Services Labor Independent Confederation (PSLINK)
#15 Clarion Lily St. St. Dominic Subdivision I, Congressional Avenue, Quezon City
Tel. (02) 9244710
www.pslink.org
Email: jill_of_pslink@yahoo.com
Supported by: Alliance of Filipino Workers (AFW)Confederation of Independent Unions in the Public Sector (CIU)Health Futures Foundation, Inc.Philippine Nurses Association (PNA)