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The Senate Bill 3404 or the Philippine Immigration Act of 2010 has provision that raised concern to some business sectors. Section 30 of the said act grants Immigration Officers the power to assign personnel to do overtime work at rates fixed by him when the services rendered is to be paid for by the shipping companies, airlines or other persons served.

The Philippine Chamber of Commerce and Industry (PCCI) sent a position paper opposing the said provision. The PCCI said that passing on to airline and shipping firms the proposed granting of overtime fees to immigration employees is an additional cost of doing business and would affect the country’s already beaten competitiveness.

The services rendered by the BI personnel in seaports and airports is for the protection of the State and is therefore consider public service.  The said  PCCI that the said provision is exactly against the principle of public service, and goes entirely against the collective efforts of the government and the private sector to help our country move up in the international competitiveness ranking, specifically from the bottom third to the upper third of the global ranking.

“To further boost the long-term competitiveness of the Philippines through enhanced international connectivity, we strongly recommend the deletion of the specific provision authorizing the BI Commissioner to fix the overtime rates and to charge them to the airlines, shipping companies and other persons served. This recommendation was submitted as major resolution to Her Excellency during the 35th Philippine Business Conference last October 2009,” the PCCI said.

The business chamber instead suggested that the additional overtime fees should be underwritten by the agency concerned, duly integrated in the General Appropriations Act. It also warned that the passing of overtime fees of BI personnel would increase the cost of doing business in the country for both local and foreign airlines and shipping companies.