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Opinion

Rampant work discrimination against Filipinos in the Philippines

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

Everybody knows that Filipino migrant workers are being discriminated against in their jobs abroad, and our government seems to be unable and unwilling to do something about it. But the unkindest cut of all is that race-based discriminations is happening right here in the Philippines. This isn’t fake news. The Supreme Court has repeatedly called the attention of the government. There is no evidence that something is going to be done about it.

In terms of pay and benefits, foreign expats and aliens who don’t seem to have superior competence and skills compared to Filipino locals doing the same jobs, are paid double, triple, or even quadruple that of the Filipinos' compensation packages. These favored races are given free executive housing in exclusive villages and millionaires' enclaves. They are provided the best cars and drivers, and their children are sent to international schools, all expenses paid by the employer. The Filipino counterparts who do the same work or are assigned even more difficult and complicated jobs are paid much lower. Is this fair to our local executives, managers, and other human talents? The HR community should address this issue ASAP.

It’s a shame to our country and to the whole world. Our government doesn’t only tolerate our OFWs being subjected to rampant and even blatant discrimination in pay and working conditions. The same government also seems to look the other way when our own executives and managers are subjected to workplace discrimination and harassment by aliens who enjoy our hospitality, some of whom are abusing our people. Witness this case, the International Alliance of Educators vs. Secretary of DOLE (GR 128845), where the Supreme Court practically scolded a former DOLE secretary for tolerating discrimination against Filipino teachers by a Metro Manila international school.

Said the Supreme Court: "Receiving salaries less than their counterparts, hired abroad, the local-hires of private respondent school, mostly Filipinos, cry discrimination. We agree. That the local hires are paid more than their colleagues in other schools is, of course, beside the point. The point is that employees should be given equal pay for work of equal value. That is the principle long honored in this jurisdiction. This is the principle that rests on fundamental notions of justice. That is the principle we uphold today." Why does it take the Supreme Court to call out the DOLE secretary about this very fundamental principle? Why is DOLE not being true to its core mission to promote justice in the workplace?

This is happening not only in the international schools but also in hotels where expat general managers, hotel executives, and even chefs and heads of food and beverage sections are paid outrageously much higher salaries than their Filipino counterparts. Also in sports, where import basketball players who are Caucasians or African-Americans are paid three times or even four times more than their Filipino teammates. There are many instances in the pharma industries, in multinational consumer conglomerates selling global brands where foreign executives are favored and pampered. There are many reports of sexual harassment committed by some of them. And DOLE looks the other way. DOLE only exercises its visitorial powers over small- and medium-scale firms, interfering with internal decisions. DOLE inspectors are merciless to small companies, even high-handed at times. But when it comes to giant multi-nationals, DOLE is as meek as a lamb.

The Supreme Court lectured to DOLE in the above cited case: "That public policy abhors inequality and discrimination is beyond contention. Our Constitution and laws reflect the policy against these evils. The Constitution, in the Article on Social Justice and Human Rights exhorts Congress to give highest priority to the enactment of measures that protect and enhance the right of all people to human dignity, reduce social, economic, and political inequalities." The very broad Article 19 of the Civil Code requires every person, "in the exercise of his rights, and in the performance of his duties, give everyone his due and observe honesty and good faith." These are very basic policies which DOLE should be advocating. But in this case, the former DOLE secretary unduly favored the management and tolerated injustice against Filipinos.

I have a long list of cases concerning discrimination in the workplaces. I don’t have enough space. I don’t have power to stop multinationals from discriminating against our people. I’m dismayed and disillusioned by the attitude of the DOLE secretary in this case. If we have officials like this, I don’t see any hope for justice in the workplace.

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