The workers group Partido Manggagawa (PM) called
on the Department of Labor and Employment (DOLE) to deputize union officers as
labor inspectors to assist in the campaign to end endo. “By deputizing labor leaders,
the number of inspections of establishment using subcontracting schemes can be
multiplied overnight, enforcement can be strengthened immediately, and hundreds
of thousands of contractual workers can be regularized as a result,” asserted
Rene Magtubo, PM national chairperson.
PM also supported the proposal of the
Trade Union Congress of the Philippines to criminalize violations of laws and
regulations on contractualization. “Still employers and their contractors must
first be found guilty of violations and thus we urge the deployment of union
officers as labor inspectors to level up the enforcement and compliance system,”
Magtubo argued.
He added that “If Labor Secretary
Silvestre Bello’s target of reducing contractualization in half by the end of
the year, then the present cadre of some 600 labor inspectors must be beefed up
by trained and motivated volunteers from the workers movement.”
In response to employers’ opposition to
the criminalization, the group finds nothing controversial about jailing
violators of labor laws and regulations. “Former Labor Secretary Rosalinda
Baldoz already proposed criminalizing breaches of occupational health and
safety standards in the wake of the Kentex fire that killed at least 72 workers
and employers did not threaten to relocate to Vietnam or Cambodia to evade incarceration,”
Magtubo reminded.
He explained that “Let us not forget the
lessons of Kentex. The Valenzuela factory was found compliant after three site
inspections by a DOLE labor inspector who mechanically followed a checklist but
did not go beyond it, like for example verifying if the manpower agency used by
Kentex was duly registered, which in fact it was not. A determined union officer
deputized as labor inspector would not make the same mistake.”
According
to the DOLE, in October 2011, a month before the issuance of DO 18-A which
regulates the practice of subcontracting, there were 200,000 contractual workers under 2,624 registered
subcontractors. “Needless to say, this data is grossly incorrect and patently
underreported to put it mildly. In a succeeding 2012 survey by the Bureau of Labor and Employment, 30.5 percent of total
employment of 3,769,259 (based on establishments with 20 or more workers) or more than 1
million are non-regular workers, meaning apprentices, probationary, seasonal,
casual and project-based workers. In the same survey, one third of factory workers
were found to be contractual. DOLE’s labor inspectors alone would be overworked
to finish inspecting the working conditions of more than one million contractual
workers.”
“We call on DOLE to train union officers in the labor inspection
and enforcement process and then accredit them appropriately,” Magtubo added
August 5, 2016
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