MR. MASAHIRO IDE
President
Sanyo Capacitor Philippines Corporation
Luisita Industrial Park Special Export Processing Zone
San Miguel, Tarlac City
Thru: Ms. Evelyn M. Corpuz
Assistant Manager
Human Resources & Administration Department
Dear Mr. Ide:
We would like to call your attention to the following:
The Sanyo Capacitor Philippines Corporation - Employees
Movement for Progress & Stability-TUCP (SCPC-EMPS) - TUCP is a local
chapter of TUCP registered with the Bureau of Labor Relations of the
Department of Labor and Employment (DOLE) on 8 January 2002.
Shortly after the filing of the petition for
certification election on 20 January, harassment of union officers and
members started. Workers have been discouraged to attend seminars/meeting
on workers' rights and harassed if they participated in orientation on
unionism.
Union President Michael Henry Dueñas experienced
different forms of harassment. In May 8, 2002, a security person was
engaged full-time to follow/monitor Union President Dueñas.
The security guard follows him wherever he goes -- in
the canteen, in smoking areas, and even in the rest room. One day, the
union president and other workers confronted the security guard in the
smoking area and asked "why are you following me?". The security guard
confirmed that he was indeed monitoring every step he/they made. The
security guard said he was "sorry" but it was his job, and he will
continue his monitoring activities.
In May 2002, your company official called general
assemblies by departments, to orient workers on the Labor Management
Council, obviously as a substitute for the union. All those who did not
participate in the assemblies, mostly union sympathizers, were issued
Memos for not participating in company activities.
Workers have been induced to sign a document declaring
their non-participation in any union formation activities (workers were
told that would be submitted to the DOLE), designed to give the wrong
impression that majority of workers do not favor the union. A company
human resources official told them their signing or non-signing of the
document would affect their job evaluation.
Management promised the company, without the union,
will give what the workers are asking: including conversion of daily-paid
workers to monthly paid workers, appliance loans, etc.
These actions also clearly violate "Guidelines for
Overseas Direct Investment" of the Japan Overseas Enterprises Association
(JOEA) and the "OECD Guidelines for Multinational Enterprises".
These also constitute Unfair Labor Practices of
Employers as provided under the Labor Code of the Philippines as amended:
"Article 248. Unfair Labor Practices of Employers. -
It shall be unlawful for an employer to commit any of the following
unfair labor practice:
To interfere with, restrain and coerce employees in
the exercise of their right to self-organization;
To require as a condition of employment that a
person or an employee shall not join a labor organization or shall
withdraw from one to which he belongs;
To discriminate in regards to wages, hours of work
and other terms and conditions of employment in order to encourage or
discourage membership in any labor organization."
All said, please stop these violations of decency,
national law, JOEA Guidelines, and the OECD Guidelines. We reserve the
right to initiate actions to protect our members.
