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SEPTEMBER-OCTOBER 2002


TUCP blasts labor standards violations, challenges employers confed to police ranks

The TUCP sharply reacted to reports from the labor department that most firms in the country violate labor laws on a regular basis.

TUCP was particularly appalled over reports that violations go unchecked in the National Capital Region (NCR) and Southern Tagalog where millions of workers are employed. DoLE statistics point out that almost 80% of firms inspected in NCR defy labor standards including non-payment of minimum wages. DoLE statistics confirm that of the 342 firms inspected, 269 did not observe labor regulations. Forty percent were also found to have violated the current minimum wage of P285.

In Southern Tagalog, some 80% of the 788 firms inspected were violating the same. Similarly, forty percent of those inspected also did not follow minimum wage rates. Other regions also registered high rates of labor standards violations, the highest of which is in CARAGA region registering a 74% rate of violations. On a national average, 46.4% of firms inspected by the labor department were found to have disobeyed standards.

TUCP expressed disgust over the report and pointed out that the open defiance by employers of the country's labor regulations violations have been a long standing issue and goes back to many administrations.

TUCP urged DoLE Secretary Patricia Sto. Tomas to crack the whip on regional directors to force them to go after the violators and file the necessary charges. TUCP stressed that the issue is the responsibility of regional directors.

TUCP also urged the labor department to deputize tripartite inspection teams composed of labor department officers, employers and labor representatives to conduct inspections. TUCP pointed out that the teams are to help the department in the enforcement of rules. Before, the labor officials complained that they lack enough manpower to do regular inspection of the thousands of establishments in the country. Under this proposal labor officials will have no excuse, TUCP added.

"We also call upon the Labor Secretary to order an evaluation of the performance of regional directors and labor justice officials to check whether they are complying faithfully to their mandates", TUCP said. The TUCP also proposed that a tripartite team also undertake the evaluations to ensure transparency and accountability.

At the same time, the TUCP challenged the Employers Confederation of the Philippines (ECOP) to police their ranks and raise the issue with individual members. The TUCP lamented that while it has signed numerous agreements with ECOP and other employers groups, the violations go unabated.

"We are saddened by the fact that despite the almost annual signing of social accords with employers, it is apparent that employers are not doing anything to check on their members. It is about time leaders of the employers sector do something about erring members of their community", TUCP said.

The TUCP, ECOP, and other employers organizations in May 2001 signed an accord that among others entail both labor and employer sectors to work progressively to enforce International Labor Organizations (ILO) Conventions and Declarations, particularly standards on payment of minimum wages and the right to form unions, among others.

"Employers organizations should be made responsible for these for they are also affected. They should not allow businesses complying with labor regulations be disadvantaged by firms who do not subscribe to labor standards. Sila ang nalalamangan," TUCP said.

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TUCP urge Congress to appropriate funds for evacuation of OFWs

Anticipating war to break out in the Middle East, TUCP urged Congress to enact a supplemental budget to finance the evacuation of Filipino migrant workers in the Middle East in case a war breaks out in Iraq.

TUCP made the appeal after reports that the Labor and Foreign Affairs Departments are solely relying at the Overseas Workers Welfare Administration (OWWA) to fund the emergency operations.

TUCP stressed that OWWA Funds are trust funds set aside for benefits of Filipino workers abroad and should not be readily used to fund the emergency operations.

"While we do not object to OWWA helping the Government at this time in evacuating Filipinos abroad particularly those who will be endangered in case a war breaks out in the Middle East, we are worried that the funds of OWWA will be depleted or is not even enough if it is forced to fund such operations on an extended scale", TUCP said.

"Congress should act immediately and appropriate a supplemental budget that will ensure the evacuations and other contingencies that may arise from the anticipated war in the region", TUCP said.

TUCP adds that Congress should also consider setting aside funds for the re-integration of migrant workers who will be forced back to the country. "Bringing them home and away from harm is only one part of the job, the other bigger thing is how to ensure that these people are provided with livelihood when they get back", TUCP added.

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EDITORIAL
DoLE: The never-ending story of labor standard violations

Trade unions are discouraged by many things in fighting for the rights of workers. Union leaders fight tooth and nail just to ensure that workers receive decent wages, better benefits, health care, representation in the shop floor, better labor laws, and the like.

However, there can be no better discouragement when government itself, the one which is supposed to execute laws and regulations, tells you that the things organized labor fight, and sometimes die for, are put to naught because of its inability to enforce labor standards.

Take the case of minimum wages, the web page of DoLE says that 45% of the firms it inspected violate regulations on minimum wages. It adds that 80% of all firms in the country violate labor standards.
It is very discouraging to note the DoLE allows such arrogance on the part of erring employers. Worse, we have been hearing this horrible story since I don't even remember when. Panahon pa ng Kopong-koppong!

It's not hard to conclude that we are a nation who can not implement even the most basic laws. The worse part is hearing labor officials saying "we cannot monitor all firms, we are undermanned, etc."
Monitoring establishments is one thing. Making an example and sending the right signal is another. We have yet to hear a report that the DoLE has sent an erring employer to jail for violating labor standards. The excuse of being undermanned is the standard excuse of incompetents!

This writer is now reminded of a DoLE regional director, who after a team of NBI, DSWD, and the TUCP representatives raided and found child workers in garment firms, did nothing. Instead of prosecuting the owner, the director facilitated an out of court settlement. These are the kind of labor officials we wish to banish.

I guess a lot of cases end up with this kind of arrangements. How then do we expect employers to follow labor standards? They know they can settle, at the right price or if the price is right!

Labor Secretary Patricia Sto. Tomas, in all fairness, seem to be sincere in trying to put order in DoLE. It will be a tall order. She may need to kick some ass, especially among regional directors and their sub-alterns who seem to be in deep slumber.

The DoLE system should shape up. They cannot forever pass all the blame to employers for widespread violation of labor standards. The DoLE itself is a part to this big mess. Ma'am, Sipain na ang mga dapat sipain!

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TUCP meets with SSS CEO on proposed increases in member contributions

On the invitation of the Social Security System (SSS) TUCP officials led by President Democrito T. Mendoza on October 22 met with SSS Chief Executive Officer (CEO) Corazon de la Paz and DoLE Secretary Patricia Sto. Tomas to discuss proposals to increase members contributions. The TUCP earlier objected to the proposals citing economic difficulties experienced by workers.

In the meeting, De la Paz informed the TUCP of a proposal to shield workers from the increases. SSS suggests that employers shoulder the increase in contributions from the current 8.4% monthly contributions. De la Paz added that the SSS is currently discussing the proposal with employers groups. The pension fund is studying the appropriate percentage increase acceptable to employers.

The SSS CEO explained the need to increase contributions to sustain the actuarial life of the fund. She stressed that the present level of members' contributions can no longer sustain the benefits extended to members.

Bro. Mendoza was joined by TUCP Vice President Zoilo De la Cruz, Jr and Deputy General Secretary Cedric Bagtas in the meeting. FFW President, LSM Vice Chair Ramon Jabar, and AFW President Gregorio del Prado also joined the dialogue.

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DoLE Chief expects calm labor front as year ends

Department of Labor and Employment (DoLE) Secretary Patricia A. Sto. Tomas on Oct 24 said the department expects a peaceful labor front for now until the year ends.

The labor chief explains that at this time of the year, management and workers are tied with preparations for the Yuletide season, preparing to meet the increasing demands for their products.

She adds that workers would not consider going on strike this time of the year, as they are expecting to receive their 13th month pay and the traditional Christmas bonus. They would rather choose to spend time with their families than be out in the picket lines during the Christmas holidays, she said.

Secretary Sto. Tomas said workers would rather postpone to January or early next year the negotiations for their labor problems so as not to spoil the holidays.

The Dole chief also said the labor department and the agencies under it like the Philippine Overseas Employment Administration (POEA), the Overseas Workers Welfare Administration (OWWA), and the Technical Education and Skills Training Authority (TESDA) are currently preparing a grand welcome for Filipino overseas workers.

POEA Administrator Rosalinda Baldoz adds that Filipino overseas workers really deserve a grand welcome considering they contribute a lot in stabilizing the Philippine economy with their annual remittances amounting to 8 billion dollars.

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International labor organization holds confab in Manila

The biggest umbrella organization of labor unions representing some 128 million workers in the world recently held its annual conference in the Philippines.

The International Confederation of Free Trade Unions and its Asian Pacific Regional Organisation (ICFTU-APRO) held its 75th Executive Board Meeting at the Galleria Suites in Pasig City from October 7-11.

The ICFTU-APRO houses together national labor organizations from almost every country in the world.

Twenty-seven heads of the national trade union federations representing countries in the Asia and Pacific attended the meeting. Countries as far as Australia, Fiji, Samoa, Pakistan, India, Japan and Korea, Taiwan, and the Philippines were among the countries represented in the meeting.

The Trade Union Congress of the Philippines (TUCP), an affiliate of the ICFTU-APRO, hosted the event.

The conference discussed issues ranging from international labor standards, campaigning for social safety nets, political and economic issues affecting the region, and migrant workers, particularly the incident in Sabah, Malaysia where Filipinos were forcibly deported back to the Philippines.

In his address TUCP President Democrito T. Mendoza, thanked the ICFTU-APRO and the Malaysian Trade Union Congress (MTUC) for their representations with the Malaysian Government on the issue of the inhuman treatment of Filipino migrants in Sabah, Malaysia.

Mendoza earlier wrote to the ICFTU-APRO and MTUC urging both organizations to make representations on behalf of the TUCP to stop the inhuman treatment of Filipino migrants in Sabah.

Noriyuki Suzuki, General Secretary of the ICFTU-APRO reported on the ongoing process where global unions are discussing ways of addressing the many challenges the union movement is facing, particularly the decreasing number of members, incessant attacks of multinational companies on long established trade union rights and the growing interdependence of economies of the world.

Suzuki emphasized on the need for labor unions to address such issues to sustain the relevance of trade unions to workers and their families.

The leaders of the ICFTU-APRO also held a two-day dialogue with officials of the Asian Development Bank, International Monetary Fund, and the World Bank.

The dialogue the second of its kind is meant to raise workers issues to the three international financial institutions (IFIs). The ICFTU-APRO maintains that projects of the IFIs need to consider its impact on the lives of workers.

Mr. Tadao Chino, President of the ADB, acknowledged the need for a continuous dialogue with trade unions as an essential component of the IFI's policy on transparency and accountability.

Representatives of the IMF and WB also echoed similar sentiments and vowed to work with trade unions in the formulation of their policies.

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Mass wedding at RTMI
Bus drivers wed, finally

Given their tight schedules, bus drivers and conductors, hardly find time to even do the basic things of family life, even committing their "I dos" with their loved ones. It took a good sense of social responsibility on the part of an ALU union to pave the way for some of their members to finally "tie the knot".

Eleven couples made it to the altar to finally receive the sacrament of matrimony in the mass wedding officiated by Rev. Father Joel Lusat SSJV, parish priest of the Immaculate Conception Church in Cagayan DE Oro City. The simple but touching ceremony was held on Oct 5 at the Rural Transit of Mindanao Incorporated (RTMI) Compound. The couples were joined by their families and friends.

The affair was attended by RTMI owner Mr. Ricardo B. Yanson and top regional ALU officials led by Bro. Oliver R. Plaza and Sister Florencia P. Cabatingan. The occasion was jointly coordinated by ALU and RTMI.
Jaime U. Bacarro Sr., RTEU-ALU President, and his local officers, actually waited for three months for the applicants' baptismal and confirmation certificates, affidavits, validation seminars and others to be completed in order to realize the program.

In the customary salo-salo Yanson congratulated the newly-weds. "It has always been my vision to provide you not just material things for your family but spiritual as well. Look at our units. God has given us all these blessings and we are sharing the fruits with you,'' said Mr. Yanson.

Bacarro disclosed some of the couples have been living together for 10, 15 and 28 years without the benefit of a formal wedding.

For ALU, the mass wedding in RTMI was a concretizatio0n of the union's objective of providing moral and spiritual values for its members.

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AWATU opens regional office in Calamba

The All Workers Alliance Trade Unions (AWATU) established a regional office for Region IV in Calamba, Laguna.

The new provincial office, according to AWATU National President Atty. Temistocles S. Dejon Sr., would bring the organization closer to local unions and affiliates, ensuring fast and effective service to them.

AWATU appointed Bro. Robinson P. Ladera as the new Regional Director. The office covers Export Processing Zones in the provinces of Laguna and Cavite.

Ladera, presently heads the ongoing organizational activities in Sanden Aircon Philippines Inc., considered as one of the biggest aircon manufacturing companies. The company is located at Calmeray Industrial Park in Calamba, Laguna.

Companies organized by AWATU in Calmeray Industrial Park include: Kewalram, Ergonomic System, ENKEI, Casita Crafts, and MEIWA. All these companies have Collective Bargaining Agreements (CBAs).

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