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Opinion

Government inspectors should help, not terrorize businessmen

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

Government inspectors, like auditors, have been created to find fault in the private sector, and catch companies doing things they think are wrong. That is why they are hated, feared, and even perceived as terrorists.

There many kinds of inspectors from different government agencies like the fire department, engineering office, health office, etc. They have only one mission: To catch you violating any rule and then threaten you with millions in fines or imprisonment, even both.

There are inspectors who go to restaurants, and order food. Some do not pay at all, and then demand change. Don’t get me wrong. These scoundrels are a small minority. Majority of government inspectors are clean and have integrity. But in their literal interpretation of the law, they cause so much headaches, anguish, and anger on the part of honest businessmen. For instance, one client of mine complained inspectors demanded for a lactation room in a factory that does not employ women. They demand that the contractors should have their own tools and equipment, or be branded as labor-only contractors. Do they mean that when we hire elevator boys, they should bring their own elevators?

The most dreaded and perhaps hated inspectors nowadays are the DOLE inspectors. I hate to say this considering that I retired from government as DOLE Undersecretary. Many DOLE inspectors today are really nice but these poor civil servants are being pressured from the top to declare more and more companies as labor-only contractors. On their own, they really do not want to disturb private enterprises. But they are mandated to disrupt the standard operating procedures. They compel companies to open their gates and let them in. They examine company documents, audit payrolls, and interview workers with leading questions designed to find employer’s violations. This disturbs the industrial peace in the workplace, instills fear among HR and business managers, and drives investors away.

Their reports are used by regional directors as basis to issue compliance orders. The orders usually end in a directive addressed to the principal employers to absorb the hundreds or thousands of contractors. Then they award millions in backwages and give the poor employers only 10 days to comply. If they appeal, they need to produce millions in appeal bonds or else the order becomes final and executory. This is very cruel, harsh, and unfair to employers who pay billions in taxes, who have remitted millions to the SSS, ECC, PhilHealth and PAG-IBIG. This current rampage to terrorize employers is pushing investors to leave the Philippines, causing workers to lose jobs. This is very bad for the country and President Rody should summon DOLE officials and reflect on the implications of what DOLE is doing.

I am from DOLE and love DOLE inspectors. I lectured to them last week in Don Bosco Lawaan, Talisay City. I told them they are “killing the goose that lays the golden egg.” It is not their fault, though. Their bosses in Manila should do a lot of reflections and analysis.

DOLE should help firms that provide jobs, not to terrorize them. You don’t have to be a genius to figure that out.

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