DOLE seeks rigid issuance of SWP to foreign workers

By Samuel P. Medenilla, Business Mirror, Dec 11, 2018

To cut the number of foreign workers entering the country, the Department of Labor and Employment (DOLE) on Monday vowed to push for restrictions on the issuance of the special work permit (SWP).

In an ambush interview, Labor Secretary Silvestre H. Bello III said they are now in talks with the Department of Justice to limit the list of professions, which would qualify for the SWP issued by the Bureau of Immigration (BI).

“I will meet with Secretary [Menardo] Guevarra on this. We will look at the possibility of minimizing or completely withdrawing the authorization of [BI in issuing SWPs],” Bello said.

The SWP is the document issued by BI to foreigners if they intend to work in the country for less than six months.

Those who will be working in the country for at least six months will be required to get the Alien Employment Permit (AEP) issued by the DOLE, which will require them to go through the “labor-market test” before they could qualify.

Possible reforms

The DOLE’s Bureau of Local Employment Director Dominique R. Tutay said his office had recommended to Bello to restrict the issuance of SWP, amid concerns from some lawmakers it is being used by foreigners, particularly Chinese nationals, to circumvent the labor-market test of the DOLE.

“We can minimize the issuance of SWPs by proposing what kind of engagement or work which could qualify for it,” Tutay said.

She added they are also propose to require foreign workers to obtain the SWP or the AEP in the Philippines posts abroad prior to their arrival in the country.

Under the current government regulations, the SWP and AEP are obtained once a foreigner is already in the country.

Augmentation team

Tutay admitted their recommendation fell short of outright pushing for the scrapping of the mandate of BI to issue the SWP, since it will overburden their regional offices.

“It would be very challenging to our regional offices to issue permits because of the sheer number of those applying for it,” Tutay said.

During a Senate hearing, BI revealed it was able to issue 119,000 SWPs to Chinese nationals. For its part, the DOLE was only able to issue 115,000 AEPs in the last three years.

The authority of the BI to issue a SWP came from its Memorandum Order AFFJr. 05-009 issued in 2005 with the approval of the DOLE.

The DOLE said the order was a result of the country’s commitment to its trading partners to streamline the processing of foreign workers.

Ongoing mapping

IN a related development, Tutay said the Philippine Amusement and Gaming Corp. (Pagcor) had already agreed to help them in the mapping of establishments engaged in Philippine Offshore Gaming Operations (Pogos).

She said the initiative will enable the government to come out with the employment figures for Pogos, which some lawmakers claimed is the industry where thousands of foreign nationals are illegally employed.

“Currently, Pagcor still has no figures on the number of workers employed in its licensed Pogos. The mapping will address that,” Tutay said.

The mapping is expected to start in the National Capital Region before moving to other regions.

During the mapping, Tutay confirmed they will also report to the BI any foreigner, who is working in the country with SWP or an AEP.

“It is really encouraging them to observer and comply with the existing rules and regulation on employment under the Philippines laws,” Tutay said.