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Thursday, April 18, 2024

Law on regulating alien labor pushed

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With the controversy about foreign nationals allegedly flooding the country's labor force, a pro-administration legislator has filed a bill protecting Filipino labor and strengthen regulations on the employment of foreign nationals.

Rep. Jericho Nograles of Davao City said he and his brother, former Davao City Rep. Karlo Alexei Nograles who is now Cabinet secretary, authored House Bill 277, and subsequently House Bill 8368 which proposes to amend Articles 40, 41 and 42 of Title II, Book 1 of Presidential Decree No. 442, otherwise known as the “Labor Code of the Philippines.”

Nograles said the measure has been approved in third and final reading at the House of Representatives last November 11, 2018 and has been transmitted to the Senate for action on Nov. 27, 2018.

Once enacted, Nograles said that stricter rules on the employment foreign nationals would be in effect.

And with the increasing public sentiment against the influx of foreign nationals in the country’s labor force, Nograles said that the senators should prioritize the proposed law.

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“There will be strict implementation and harsh penalties for those who will employ foreigners first before Filipinos. That is my proposal,” Nograles said.

“The influx of laborers will increase if we do not pass laws protecting the Filipino laborer. We still have time if the Senate fast tracks the passage of the Bill,” Nograles, a deputy majority leader, said

Nograles’ HB 8368 seeks to adopt the Labor Market Test as basis in determining non-availability of a qualified and willing Filipino national to do services, for which the foreign national is being hired. This means that before hiring a foreign national for a certain job posting, an employer must advertise the position and review resumes for more than 30 days, but less than 180 days, prior to filing the application to ensure that there are no other qualified local workers available. 

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