Customs employees want to void new policy on work schedule

MANILA, Philippines—The Bureau of Customs Employees Association (BOCEA) on Thursday asked the Supreme Court to declare as unconstitutional the customs administrative order regarding the shift of policy in overtime payment of customs employees.

In their petition for certiorari, prohibition and injunction, petitioners asked the high court to nullify Customs Administrative Order No. 7-2011 which prescribes a new scheme of shifts so that there would be personnel manning ports and airports 24 hours, seven days a week without need of overtime work.

But if overtime work cannot be avoided, it will be shouldered by the concerned agency. Previously, it was shouldered by airline companies, aircraft owners or operators.

Finance Secretary Cesar V. Purisima said “payment by private entities of overtime pay rendered by government personnel is a deterrent to the tourism industry and is general regarded as irregular activity.”

Customs employees told the high court that the order is unconstitutional and patently illegal and were issued with grave abuse of discretion.

Petitioners pointed out that the Supreme Court has already ruled on the legality of Section 3506 of the Tariffs and Customs Code of the Philippines stating that “airline owners, companies and operators are not excluded from coverage of the said provision and are therefore liable for overtime payment.”

The employees said the decision was never complied with and up to now,  customs employees at the Ninoy Aquino International Airport are still demanding unpaid overtime fees for work they actually rendered.

“Like adding salt to an already open and gaping wound, the DOF and BOC through Secretary Purisima and Commissioner [Ruffy] Biazon issued directives that would worsen the situation of the already economically dislocated customs personnel,” the employees said.

They added that working without an assurance of being paid overtime “is tantamount to involuntary servitude and a clear violation of the constitutional principle of protection of labor.”

Named respondents in their petition were the finance department through Secretary Cesar Purisima, Department of Transportation and Communications (DOTC) through Secretary Joseph Emilio Abaya, Interior Secretary Mar Roxas and Customs Commissioner Rufino Biazon.