DOLE asked to recall order extending floating status

The Department of Labor and Employment (DOLE) is being asked by the labor group Partido Manggagawa (PM) to recall the order extending the floating status of workers to one year. The group called on the DOLE to re-submit the proposal to the deliberation of the National Tripartite Industrial Peace Council (NTIPC) where labor, employers and government are represented.

 

“We appeal to Labor Secretary Silvestre Bello to recall DO 215. DOLE orders should be subject to tripartite agreement and not be unilateral decisions of government,” asserted Renato Magtubo, PM national chair.

 

He wondered why the DOLE pushed through with extending the floating status of workers when labor groups were firm in their opposition to the proposal when it was tabled in an NTIPC meeting.

 

PM countered the position of Labor Undersecretary Benjo Benavidez that extending the floating status is a measure to protect workers. “DO 215 is pro-employer as it allows them to evade payment of separation benefits to workers who are now more than six months on forced leave,” insisted Magtubo.

 

According to PM, thousands of workers have already filed complaints for constructive dismissal because their employers have not reinstated them since the lockdown started in March. “Who will benefit from the dismissal of these cases because of DO 215? Thus the DOLE is being disingenuous when it says that DO 215 is protective of workers,” Magtubo stated.

 

He also answered DOLE’s claim that the Labor Code is silent on the floating status of workers: “Article 310 provides that workers are deemed not terminated—meaning employees are put on forced leave or floating status—when the operations of a company are suspended, which is the scenario at present. But Article 301 explicitly mandates that such suspension cannot exceed six months—and for good reason more than half a year is too long for workers to suffer on no work, no pay.”

 

He recalled that the DOLE earlier floated the deferment of the 13^th month pay but backtracked because of outrage over the proposal. PM is calling on workers to similarly express opposition to DO 215.

 

Magtubo maintained that “DO 215 is another example of DOLE’s social distancing from workers in the time of covid. Earlier DOLE released a series of orders and advisories such as DO 213 that suspended complaints and inspections and LA 17 that allowed diminution of wages and benefits. All these disadvantaged workers impacted by the lockdown and opened them to abuse by employers. Labor’s challenge finally led to DO 213’s repeal by DO 214 which permitted the operation of the dispute resolution mechanisms for workers.” 

October 30, 2020

Employers can evade separation pay via extension of floating status—labor group

 

The militant group Partido Manggagawa (PM) countered the position of the Department of Labor and Employment (DOLE) that DO 215 extending the floating status of workers to one year is a measure to protect workers. “DO 215 is pro-employer as it allows them to evade payment of separation benefits to workers who are now more than six months on forced leave,” insisted Rene Magtubo, PM national chair.

 

PM is calling on the DOLE to recall DO 215 and submit the proposal to the deliberation of the National Tripartite Industrial Peace Council where labor, employers and government are represented. “We appeal to Labor Secretary Silvestre Bello to recall DO 215. DOLE orders should be subject to tripartite agreement and not be unilateral decisions of government,” Magtubo asserted.

 

He answered DOLE’s claim that the Labor Code is silent on the floating status of workers: “Article 310 provides that workers are deemed not terminated—meaning employees are put on forced leave or floating status—when the operations of a company are suspended, which is the scenario at present. But Article 301 explicitly mandates that such suspension cannot exceed six months—and for good reason more than half a year is too long for workers to suffer on no work, no pay.”

 

PM avers that thousands of workers have already filed complaints for constructive dismissal because their employers have not reinstated them since the lockdown started in March. “Who will benefit from the dismissal of these cases because of DO 215? Thus the DOLE is being disingenuous when it says that DO 215 is protective of workers,” Magtubo stated.

 

He recalled that the DOLE earlier floated the deferment of the 13^th month pay but backtracked because of outrage over the proposal. PM is calling on workers to similarly express opposition to DO 215.

 

Magtubo maintained that “DO 215 is another example of DOLE’s social distancing from workers in the time of covid. Earlier DOLE released a series of orders and advisories such as DO 213 that suspended complaints and inspections and LA 17 that allowed diminution of wages and benefits. All these disadvantaged workers impacted by the lockdown and opened them to abuse by employers. Labor’s challenge finally led to DO 213’s repeal by DO 214 which permitted the operation of the dispute resolution mechanisms for workers.”

October 29, 2020

Labor group slams new DOLE order extending forced leave

The militant labor group Partido Manggagawa (PM) today slammed a new order from the Department of Labor and Employment that effectively extends the floating status of workers beyond the maximum of six months provided for in the Labor Code. DO 215 entitled “Rule Amending Section 12 Rule 1, Rules Implementing Book VI of the Labor Code on Suspension of the Employment Relationship” was signed on October 23, 2020 by Labor Secretary Silvestre Bello.

 

“Extension of the floating status of workers beyond the six months maximum through a DO is illegal as it is tantamount to executive legislation. The water cannot rise above its source,” declared Rene Magtubo, PM national chair.

 

Magtubo cited that Article 301 of the Labor Code does not provide for an extension of the six month maximum of forced leave or floating status: “When Employment Not Deemed Terminated—The bona fide suspension of operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate the employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.”

 

The PM leader revealed that the labor coalition Nagkaisa labor groups is coordinating for a campaign for the repeal of the “blatantly pro-employer” DO 215 and to file a legal challenge at the Supreme Court.

 

“DO 215 is deceptively presented by the DOLE as an amendment to the existing implementing rules and regulations when in truth it revises the clear mandates of Article 301 of the Labor Code. In a tripartite dialogue, labor groups had expressed the opposition to the proposal on the grounds that it contravenes existing law and that it opens workers to employer abuse,” Magtubo elaborated.

 

He added that “This is another instance of DOLE’s social distancing from workers in the time of covid. Earlier DOLE released a series of orders and advisories such as DO 213 that suspended complaints and inspections and LA 17 that allowed diminution of wages and benefits. All these disadvantaged workers impacted by the lockdown. Labor’s challenge finally led to DO 213’s repeal by DO 214 which permitted the operation of the dispute resolution mechanisms for workers.” 

October 27, 2020

Youth groups slam Parlade, support red-tagged celebrities

Youth groups slammed the red-tagging by Lt. Gen Antonio Parlade, commander of the AFP Southern Luzon Command, who threatened and harassed celebrities advocating for human rights. Liza Soberano was warned by Parlade after participating as a guest in a militant women group’s online forum. Aside from Soberano, Parlade also red-tagged Miss Universe 2018 Catriona Gray and Angel Locsin, whose sister was alleged as an underground activist in Quezon.

 

“We are all Liza, Catriona and Angel. Advocating for women's rights is not an act of terrorism nor a sign of being a member of a terrorist group. Speaking up for the rights of the marginalized and exploited is a right protected by the Constitution. It is impunity when death threats can be thrown at celebrities and activists on the basis of mere suspicion,” said Christine Pangan, Youth Claim Spokesperson. Youth Claim is a youth organization in Cebu composed of college students and community youth who stand for social justice.

 

Meanwhile Jonel Lalvador of Partido Manggagawa-Kabataan, stated that “Parlade's redtagging of Liza Soberano, Catriona Gray and Angel Locsin is the best argument against the Anti-Terror Law and exposes the abuses it will spawn.” PM-Kabataan is the youth wing of the militant labor group.

 

One of the most controversial provisions of the Anti-Terrorism Law is the arrest of suspects without warrant and for mere suspicion, and detention for as long as 24 days. “Activism is not terrorism. It is clear that both are different but the current administration is blurring the distinction. Under the Anti-Terror Law, it is very alarming that activists can easily be red-tagged. Activists use their voice and act upon their goal to bring positive change so Parlade should stop conflating activism with terrorism. Stop red-tagging human rights organizations, religious groups, unions and the mainstream media,” said Pangan.

 

“We have this so-called freedom of expression and there is nothing wrong with it especially when you advocate for a greater good. We support women and everyone who speak out their minds, defend their rights and fight for the betterment of all. The pervasiveness of red-tagging will only worsen the Philippine government's human rights and violations. Now, that we have seen how military has red-tagged public figures, I hope we all realized how life-threatening it is especially to those people who lack money, fandom and legal connections to protect them,” asserted Labrador.

 

Pangan insisted that “The flimsy basis of Parlade to accuse Liza Soberano applies to all of us. We must be heard without being labeled terrorists.”

October 26, 2020