BPO workers group propose options to RTO

 

With two days to go before the April 8 deadline by the Philippine Economic Zone Authority (PEZA) for BPO companies to apply for exemption from the Return-To-Office (RTO) order, an industry workers group proposed several alternatives to full on-site work. The Inter-Call Center Association of Workers (ICCAW) called on the Labor Secretary Silvestre Bello to convene a social dialogue so that the options they are presenting can be discussed.

 

“BPO workers are appealing to the government that our voices be heard and that we be given a seat at the table since this concerns the safety and well-being of employees. BPO workers are the ones who will get sick in case of infections, will endure hours in traffic even as public transportation remains broken, and will have their lives disrupted as they relocate back to cities and business districts from the provinces,” stated Bryan Nadua, ICCAW spokesperson and works in a BPO in Metro Manila.

 

ICCAW also expressed its support for the groups BPO Employees for Leni and Kiko and the Coalition of IT-BPO for Leni-Kiko which are having a press conference tomorrow to air their grievances over the implementation of the RTO. The RTO order took effect last Friday, April 1, as the Department of Finance and the Fiscal Incentives Review Board insisted that BPOs as economic zones must be “exclusively conducted or operated within the geographical boundaries of the zone or freeport.” In a press conference attended by several BPO workers last March 27, ICCAW called the RTO an “April Fools’ prank on BPO workers.”

 

ICCAW is proposing the following alternatives to the RTO or full on-site work:

 

1. Hybrid setup where workers are 3 days on-site (workplace) and 2 days off-site (home)

2. 50/50 ratio: 50% of the workforce are on-site and 50% are working from home

3. Compressed work week: 4 days on-site on 11 hours shift (which includes 1-hour lunch and three 15-minute breaks)

4. Conversion of existing benefits like internet or electric allowance to transportation allowance once workers go on-site

5. 70/30 ratio as proposed by PEZA but the 70% of the workforce should be on hybrid set-up (3 days on-site at 2 days off-site)

 

Nadua emphasized that “Dialogue is key and workers participation is imperative. At the national level, BPO workers seek a meeting with Secretary Bello. At the sectoral level, the IT-BPO industry tripartite council must table options presented by workers. And at the firm level, management must hear the concerns of employees and their representatives.”

 

The Inter-Call Center Association of Workers (ICCAW) is a DOLE-registered workers’ association that was formed in 2012 out of the struggle of 667 employees of a call center in Cebu City which unceremoniously closed down. ICCAW has core groups in Metro Manila, Cebu, Bacolod and Iloilo. ICCAW FB page: https://www.facebook.com/Inter-Call-Center-Association-of-Workers-ICCAW-649423938410656

Inter-Call Center Association of Workers

April 6, 2022

BPO workers call on Labor Secretary Bello to intervene in Return-To-Office order

With days to go to before the April 1 deadline for some 1.4 million IT and BPO employees to return to their offices as per an order from the Fiscal Incentives Review Board (FIRB) of the Department of Finance (DoF), the group Inter-Call Center Association of Workers (ICCAW) called on Labor Secretary Silvestre Bello to intervene as no consultation was done to get the voice and participation of workers affected.

 

“The RTO is a recipe for disaster. It is an ‘April Fools’ prank’ that endangers occupational safety and health, and work-life balance,” stated Bryan Nadua of ICCAW and a BPO employee in Pasig. The FIRB cited the CREATE Law that provides that BPO as economic zones must “exclusively conducted or operated within the geographical boundaries of the zone or freeport.”

 

Yesterday, Nadua along with other BPO employees Charmaine Doble and KR Raposas held a press conference to emphasize the urgency of the matter. The concerned BPO workers also expressed support for the Change.org petition of the groups BPO Employees for Leni-Kiko and IT&BPO Professionals for Leni and Kiko opposing the return to office order

 

Nadua insisted that “Dapat balik trabahong ligtas para sa BPO workers. Mandating the return to office of 1.4 million IT and BPO workers on the sole basis of economic and tax reasons disregards the issue of health and safety of employees.”

 

“Even before the pandemic, if one BPO employee gets a cough or cold, in a day or two, someone else will show similar symptoms due to infection. Headsets too are sometimes shared among employees and are another way by which COVID-19 might be easily transmitted in a 100% fully operational scenario,” averred Jodie Villanueva, a former Customer Service Representative before becoming an HR Manager in a BPO in one of her previous engagements. Villanue represented the women’s committee of Partido Manggagawa in the presscon yesterday.

 

According to the concerned BPO workers, alternatives to a full RTO by April 1 can be considered such as 50 to 75% of BPO workers returning to the office and implementing a compressed work week while maintaining the work from home or anywhere for the rest of the week.

 

The FB livestream of the presscon can be publicly accessed at https://fb.watch/b-DGOQoOZ8/ [note: there was no audio at the start of the video due to technical issues but the audio returns around 2:12].

 

BPO workers shout out against RTO: https://www.facebook.com/649423938410656/videos/362895729061725/

March 28, 2022

Inter-Call Center Association of Workers

 

Even small businesses can afford a wage hike—labor group

  

The labor group Partido Manggagawa (PM) asserted that even small businesses can afford to give their workers a pay increase. This was in reaction to a statement by the Employers Confederation of the Philippines President Sergio Ortiz-Luis Jr.

 

“Wag kang kuripot! Before the pandemic, businesses, both big and small, accumulated revenues and profit without sharing the productivity gains to their workers. From 2001 to 2016, the economy doubled in size and productivity increased by 50% but real wages remained stagnant. The pie became larger but the slice of workers remained the same. Employers greedily monopolized all the new wealth produced by the blood and sweat of workers,” explained Judy Miranda, PM secretary-general.

 

PM had earlier called for a P100 legislated wage hike even as Labor Secretary Silvestre Bello asked the regional wage boards to review the possibility of a minimum pay hike. The group is asking that the proposed emergency session of Congress tackle a legislated wage hike.

 

Miranda added that “Worse, from 2018 to the present, real wages have declined by a significant amount of 8%. The National Wages and Productivity Commission’s own data shows that as of February 2022, the P537 minimum wage in Metro Manila is worth only P494 due to inflation since 2018.”

 

She stated that “The economic slump is not an argument against a pay increase. Instead it is a reason to provide money to consumers through a wage hike. Boosting the purchasing power of consumers—especially lowly paid workers who spend most of their take-home pay compared to high income earners—will pump prime the economy and lead to the revival of MSME’s.”

 

The group pointed out that a MSME with 10 workers, will only incur an additional P1,000 in daily wage costs which annually translates to 10% of its P 3 million asset size.

 

“This will definitely not bankrupt an MSME. But a lack of market because of low consumption will kill an MSME. A wage hike will create a virtuous cycle in the economy. But of course, ECOP—as the voice of the capitalist class in the Philippines—do not want to share the profit they have accumulated through the decade and a half of sustained economic growth,” Miranda expounded.

March 13, 2022

Labor group calls on Congress for a P100 legislated wage hike

 

In reaction to Labor Secretary Silvestre Bello’s announcement that he had called on the regional tripartite wages boards to review minimum wages, the labor group Partido Manggagawa (PM) demanded that the proposed emergency session of Congress tackle a legislated wage hike.

 

“The regional wage boards are inutile. Natutulog sila sa pansitan sa nakaraang tatlong taon. Instead workers want Congress to pass a law mandating a P100 across-the-board wage increase,” asserted Rene Magtubo, PM national chair.

 

He explained that “Metro Manila workers last got minimum wage increase in October 30, 2018, more than three years ago. The most recent wage hike was for Region 2 in February 4, 2020, on the eve of the lockdowns. The worst off are workers in Calabarzon, where most factories are now situated, who last got a minimum wage increase in February 28, 2018. None of the regional wage boards have done anything for the pass three years since they are an instrument to cheapen wages.”

 

The group pointed to the government’s National Wages and Productivity Commission’s own data that shows that as of February 2022, the P537 minimum wage in Metro Manila is worth only P494 based on inflation since 2018. “This is of course an underestimation. Thus, we call for a P100 legislated wage hike for all workers, even for those receiving salaries above the minimum wage,” Magtubo elaborated.

 

He added that “P100 is really not enough to raise minimum wages to the level of the cost of living. Thus, a wholistic approach necessitates a cash aid, price discounts and a jobs program in response to the spike in food prices. Families of the unemployed and informal workers should be given a cash assistance of P10,000 a month. In the long-term, support for farmers must be accelerated, food sovereignty must be promoted and land conversion must be stopped. Local programs that connect farmers to consumers and workers’ communities must be encouraged.”

 

The group is also supporting the labor coalition Nagkaisa’s call for an emergency jobs creation program called unemployment support and work assistance guarantee or USWAG. PM and other labor groups coalesced under the Alliance of Labor Leaders for Leni signed a covenant the tandem of Vice President Robredo and Senator Kiko Pangilinan that calls for approximating the living wage and abolishing the system provincial wages. 

March 10, 2022

Government’s deeds do not match words on human rights issues

 

The labor group Partido Manggagawa (PM) slammed the government on its response to the European Union Parliament’s critique of inaction by the Philippines on human rights concerns.

 

“Deeds do not match words. Trade Secretary Ramon Lopez and acting Presidential Spokesperson Karlo Nograles are being disingenuous when they say that the administration is acting on the complaints. In reality, violations of human rights continue with impunity. The recent controversial arrest of Dr. Naty Castro is a case in point. Arrest, detention and red-tagging of critics and activists is on top of the thousands killed in the bloody drug war and the dozens of unionists murdered under the present dispensation,” asserted Rene Magtubo, PM national chair.

 

The group said that the EU Parliament is not the only international body taking the government to task. In its latest report, the International Labor Organization’s committee of experts on the committee of experts on the application of conventions and recommendations averred that speedy and effective probes of the killings of trade unionists and the conviction of perpetrators are lacking if not absent.

 

Magtubo added that “Just to cite one case, the murder of union organizer Dennis Sequeña remains unsolved to this day, almost three years after he was shot while facilitating a labor seminar for export zone workers in Cavite. It was the outrage over the killing of Dennis just days before the annual International Labor Organization (ILO) in 2019 that precipitated the current complaint against the Philippine government for systematic violations of Convention 87 and Convention 98 on freedom of association and collective bargaining.”

 

 “Aside from Dennis, no justice has been served for the killings of PM leaders Orlando Abangan of Cebu, Rolando Pango and Victoriano Embang of Negros Occidental. As the ILO report has noted, the government keeps on repeating that investigations are happening without providing any details,” Magtubo insisted.

 

The group also stated that the government is dragging its feet on a review of the rules governing the conduct of security personnel during disputes and the scrapping of a program on peacekeeping in the export processing zones.

 

“The Philippine Economic Zone Authority in particular has been blocking progress on strengthening the freedom to unionize and the right to protest of workers in export processing zones. Their latest maneuver has been to change the name of the Joint Industrial Peace Concerns Office to Alliance for Industrial Peace and Program Office but the aim of militarizing ecozones by setting up police precincts and suppressing unionism remains in place,” Magtubo explained. 

February 22, 2022

Labor group to Bello: Deeds do not match words on killings of unionists

 

The labor group Partido Manggagawa (PM) slammed Labor Secretary Silvestre Bello’s statement that the government is addressing the killings and repression of labor leaders and trade unionists. “Deeds do not match words. Labor Secretary Bello is unfortunately being disingenuous when he says that the government is acting on the complaints. In reality violations of labor rights continue with impunity,” asserted Rene Magtubo, PM national chair.

 

He added that “Just to cite one case, the murder of union organizer Dennis Sequeña remains unsolved to this day, almost three years after he was shot while facilitating a labor seminar for export zone workers in Cavite. It was the outrage over the killing of Dennis just days before the annual International Labor Organization (ILO) in 2019 that precipitated the current complaint against the Philippine government for systematic violations of Convention 87 and Convention 98 on freedom of association and collective bargaining.”

 

Echoing the observation of the ILO committee of experts on the application of conventions and recommendations in its latest report, PM averred that speedy and effective probes of the killings and the conviction of perpetrators are lacking if not absent.

 

“Aside from Dennis, no justice has been served for the killings of PM leaders Orlando Abangan of Cebu, Rolando Pango and Victoriano Embang of Negros Occidental. As the ILO report has noted, the government keeps on repeating that investigations are happening without providing any details,” Magtubo insisted.

 

The group also stated that the government is dragging its feet on a review of the rules governing the conduct of security personnel during disputes and the scrapping of a program on peacekeeping in the export processing zones.

 

“The Philippine Economic Zone Authority in particular has been blocking progress on strengthening the freedom to unionize and the right to protest of workers in export processing zones. Their latest maneuver has been to change the name of the Joint Industrial Peace Concerns Office to Alliance for Industrial Peace and Program Office but the aim of militarizing ecozones by setting up police precincts and suppressing unionism remains in place,” Magtubo explained.

February 14, 2022

Bello asked to dialogue with labor groups on urgent demands

 

Photo from Asia Nikkei

The workers group Partido Manggagawa (PM) welcomed the announcement of Labor Secretary Silvestre Bello that labor inspections will resume for the year 2022 after being suspended last December. “Labor inspections are a key mechanism in ensuring compliance with labor standards and enforcement of occupational safety and health protocols, especially during the pandemic since pasaway employers have weaponized covid and abused workers,” stated Rene Magtubo, PM national chair.

 

The group reiterated its call for Secretary Bello to heed the Nagkaisa labor coalition’s request for a dialogue on urgent demands confronting workers such as the no vaccination, no ride and no jab, no job. “A planned dialogue between Department of Labor and Employment officials and Nagkaisa labor coalition leaders has long been delayed. Instead of social dialogue, the government is exercising social distancing with labor groups,” Magtubo asserted.

 

Earlier Secretary Bello apologized for the chaos over the no vaccination, no ride policy to which the PM demanded that the controversial order be withdrawn immediately. “Confusion has arisen over these issues because of lack of social dialogue, among others,” Magtubo averred.

 

PM also welcomed the statements of Senators Kiko Pangilinan and Risa Hontiveros against the no vaccination, no ride policy. Magtubo said that “We call on Senators Kiko and Risa to open an investigation on the no vaccination, no ride, no jab, no job and similar discriminatory policies.”

 

“These policies are patent discrimination against workers and poor. In contrast, rich people—vaccinated or not—are free to move around since they have cars to use. These unfair and biased policies disproportionately impact people in the laylayan,” Magtubo insisted.

 

He stated that the Department of Transportation’s discriminatory ban on unvaccinated individuals taking public transport is a repeat of the railroading of the jeepney phaseout amid the pandemic lockdown in 2020. “The impromptu jeepney phaseout eliminated the livelihood of several hundred thousand jeepney drivers and operators at a time they needed it most,” Magtubo explained. 

January 24, 2022

 

Sorry not enough, repeal no vaccination, no ride policy—labor group

 

Photo from the internet

In response to the declaration of Labor Secretary Silvestre Bello that the government should apologize for the confusion over the no vaccination, no ride policy, the labor group Partido Manggagawa (PM) asserted that the controversial order be withdrawn immediately.

 

“Sorry is not good enough. Apologies will not bring back the lost pay of daily paid workers who have been barred from public transport by enforcers since last week. It is not over eagerness on the part of enforcers but impunity of security forces who have been given a free pass since the onset of the pandemic to implement discriminatory policies and double standards in enforcement. Kapag VIP's malaya, kapag mahirap kawawa ngayong pandemya,” declared Rene Magtubo, PM national chair.

 

He called on Secretary Bello to immediately convene a meeting with labor groups to hear their concerns about policies such as no vaccination, no ride and no jab, no job. “A planned dialogue between Department of Labor and Employment officials and Nagkaisa labor coalition leaders last week did not push through again. Instead of social dialogue, the government is exercising social distancing with labor groups,” Magtubo asserted.

 

PM also welcomed the statements of Senators Kiko Pangilinan and Risa Hontiveros against the no vaccination, no ride policy. Magtubo said that “We call on Senators Kiko and Risa to open an investigation on the no vaccination, no ride, no jab, no job and similar discriminatory policies.”

 

“These policies are patent discrimination against workers and poor. In contrast, rich people—vaccinated or not—are free to move around since they have cars to use. These unfair and biased policies disproportionately impact people in the laylayan,” Magtubo insisted.

 

He stated that the Department of Transportations’s discriminatory ban on unvaccinated individuals taking public transport is a repeat of the railroading of the jeepney phaseout amid the pandemic lockdown in 2020. “The impromptu jeepney phaseout eliminated the livelihood of several hundred thousand jeepney drivers and operators at a time they needed it most,” Magtubo explained.

January 19, 2022

Labor group slams firing of unvaccinated workers

 

Press Release

October 22, 2021

Partido Manggagawa

Contact Rene Magtubo @ 09178532905

 

 

The labor group Partido Manggagawa (PM) slammed the opinion of Labor Secretary Silvestre Bello that unvaccinated workers can be fired and their salaries withheld on the basis of an IATF resolution.

 

“While refusing unvaccinated workers to work in facilities prohibited by alert levels is a practical health measure that employers may impose, terminating them from work is a cure worse than the disease. We demand that Secretary Bello withdraw this statement,” stated Rene Magtubo, PM chair.

 

The group declared that the call to defend the jobs and wages of unvaccinated workers will be included in the demands to be raised in the motorcade tomorrow of the Alliance of Labor Leaders for Leni (ALL4Leni). The ALL4Leni contingent of the “Unang Arangkada ng TROPA” will assemble by 8:00 am in the vicinity of the ABS-CBN compound in Quezon City. The motorcade will start by 9:00 am and wind its way around Quezon City before turning to EDSA and converge with other groups at the People Power Monument by 11:00 am.

 

Magtubo added that “We do not agree with the interpretation of Sec. Bello that the IATF resolution on alert levels can form the legal basis for terminating employees. Said resolution on vaccination is never and should never be part of just and authorized causes for terminating employment contracts. What can be done is place our workers in the order of priority in reporting for work based on alert levels, but never that their unvaccinated status be a ground for their termination.”

 

Following their expression of full support for the candidacy of Vice President Leni Robredo, ALL4Leni called on their members and workers all over the country to join the “Unang Arangkada ng TROPA” this tomorrow, a nationally coordinated action calling for all sectors of society to unite and support the Team Robredo-Pangilinan (TROPA) in the May 2022 elections.

 

“TROPA will end the regime of killings and repression, and provide space for the labor movement to campaign for workers’ demands. That space is key since it is the movement that will win change,” Magtubo insisted. ###

Riders group slams DOLE advisory on food delivery and courier work

The motorcycle riders’ rights group Kapatiran ng Dalawang Gulong (Kagulong) criticized the recently released labor advisory by the Department of Labor and Employment (DOLE) on food delivery and courier work. “The DOLE is engaged in smoke and mirrors. It pretends to do something in the face of platform work disputes when it actually is not resolving anything by issuing a useless advisory,” argued Don Pangan, Kagulong secretary-general.

 

Labor Secretary Silvestre Bello signed Labor Advisory 14 entitled “Working Conditions of Delivery Riders in Food Delivery and Courier Activities” on July 23 but it was posted on the DOLE website only last July 27.

 

“The DOLE avers in the advisory that food delivery riders are protected by labor law and their contracts. On the contrary, the advisory affirms what presently exists—that the majority if not almost all food delivery riders are considered independent contractors and thus at the mercy of opaque app policies and algorithms,” Pangan insisted.

 

He added that “The ongoing dispute of Foodpanda delivery riders in Davao emphasizes precisely this point—food delivery riders are not protected by labor law since they are deemed freelancers despite the app controlling the means and methods of how they work.”

 

Kagulong calls on the DOLE to immediately implement its commitment “To convene a Technical Working Group (TWG) represented by rider’s groups, trade unions, worker’s organizations and concerned government agencies to start the research and investigation that would lead to creating policy standards to protect the gig workers,” Pangan recalled. This commitment was the result of the pre-Labor Day summits called by the DOLE as part of drafting the National Economic Recovery Strategy.

 

Pangan also clarified that the labor dispute of the Davao Foodpanda riders remains unresolved as the company did not attend the mediation meeting called by the DOLE last Monday. The DOLE later admitted that Foodpanda refuses to attend tripartite meetings and will only meet riders on a bilateral basis.

 

“Pasaway ang Foodpanda. Divide and rule ang taktika nila. It clearly does not want to be covered by the labor law so that it can do anything that it pleases—like suspending riders for 10 years and reducing their pay unilaterally. In the face of this intransigence by Foodpanda, the DOLE lies prostrate even though it has the power to issue a Department Order to clarify and resolve such workplace grievances,” Pangan stated. 

Kapatiran ng Dalawang Gulong (Kagulong)

July 29, 2021

Riders group slams Foodpanda’s glitch alibi

 
 

The motorcycle riders’ rights group Kapatiran ng Dalawang Gulong (Kagulong) slammed Foodpanda for stating that the 10-year suspension of 43 Davao-based food delivery riders was just a “technical glitch.”

 

Don Pangan, Kagulong secretary-general, averred that “Technical glitch is a lame excuse for Foodpanda’s corporate abuse. Foodpanda is trying to hide its anti-worker misbehavior behind digital technology. This modus operandi is no different from Foodpanda disguising its employment relationship to riders using the platform nature of work as an alibi.”

 

At the same time the group criticized the Department of Labor and Employment (DOLE) for speaking on behalf of Foodpanda. “As the third party in the tripartite industrial relationship, the DOLE should show non-partisanship. If at all, the DOLE should be biased for workers as the Labor Code provides that in cases of ambiguity, labor should be favored in the interpretation,” Panga expounded.

 

“In fact, in this case, there is really no ambiguity as suspending workers for 10 years is a flagrant violation of the Labor Code. Workers can only be suspended for a maximum of 30 days and for actual administrative cases. Workers cannot be penalized for planning a protest that has not yet happened!” insisted Pangan.

 

Kagulong reminded the DOLE about its commitment “To convene a Technical Working Group (TWG) represented by rider’s groups, trade unions, worker’s organizations and concerned government agencies to start the research and investigation that would lead to creating policy standards to protect the gig workers,” Pangan recalled.

 

Kagulong asserted that the TWG is an urgent necessity given that Foodpanda’s action are exposing the disguised employment relationship between the app and its riders. “If riders are indeed independent contractors then they have the choice not to deliver and thus cannot be penalized. Foodpanda’s suspension reveals its control of the working conditions of riders. The control test is the key metric in determining the existence of an employee-employer relationship,” Pangan explained.

 

He added that “Other than the power to suspend and penalize riders for transgressions in the conduct of their work, the fact that uniforms and delivery bags are mandated by Foodpanda shows that it does control the working conditions of riders who must then be treated as employees not freelancers.”

Kapatiran ng Dalawang Gulong (Kagulong)

July 23, 2021

 

Labor group slams PEZA and PNP for JIPCO IRR

 

The labor group Partido Manggagawa (PM) slammed the signing of the implementing rules and regulations (IRR) of the Joint Industrial Peace and Concern Office (JIPCO) between the Philippine National Police and the Philippine Economic Zone Authority last Monday.

 

“The signing of IRR of the JIPCO between the PNP and PEZA will mean further militarization of ecozones, harassment of labor unionists and escalation of the union busting. As far as workers are concerned, police presence in the ecozones has been to harass labor protests, disperse picketlines and arrest organizers,” stated Rene Magtubo, Partido Manggagawa (PM) national chair.

 

He added “The hugot line about forming JIPCO and sending police to the ecozones as mechanisms to promote industrial peace is just doublespeak. It is no different from the lie about police rescuing lumad children in the bakwit school in Cebu and police killing nanlaban suspected drug addicts.”

 

PM, a member of the country’s biggest labor coalition Nagkaisa!, had earlier demanded that the PNP and PEZA withdraw the program, and for DOLE to enforce labor laws in ecozones, educate officials of the bureaucracy and security forces on labor rights, and prosecute the violators whether they are state officials or owners of capital. In fact, almost exactly a year ago today, DOLE Secretary Silvestre Bello already wrote to both the PNP Chief and the PEZA Director General to express concern about the formation of the JIPCO in Central Luzon.

 

Magtubo cited a series of PNP and PEZA collaboration in suppressing workers’ activities within the last year or so. First, the arrest by the Cebu PNP of five labor organizers and their dispersal of a rally of retrenched workers of First Glory at the gate of the Mactan ecozone last November 30. Second, the dispersal of the picketline of workers of Sejung Apparel in the First Cavite Industrial Estate by Dasmarinas police together with security guards and barangay tanods for allegedly violating quarantine rules. The dispersal happened in the dead of the night during Black Friday of 2020. Finally, soldiers and police harassed union leaders, sent threatening letters to labor organizers and held anti-union meetings with workers of the FCF Manufacturing Corp., a factory in the Freeport Area of Bataan that makes high-end leather bags.

 

He reminded the PNP and PEZA that under the law, even employers who own the businesses and exercise direct control over their workforce are considered as mere bystanders, meaning they cannot interfere in labor activities, particularly on the right of workers to form unions as provided under the Bill of Rights and the Social Justice provisions of the Constitution. “If employers are mere bystanders in workers’ exercise of their labor rights, more so the PNP and PEZA,” Magtubo insisted.

 

He concluded that “JIPCO is hiding under the cover of peace building efforts but in reality, it is a declaration of war against the trade union movement in the country. But we will not be cowed and we will continue to organize.” 

February 17, 2021

Workers slam suspension of union elections at biggest Mactan Ecozone firm

 

The labor group Partido Manggagawa slammed the suspension of the proceedings for certification election at three Sports City factories at the Mactan Economic Zone (MEZ). The Sports City group of companies employs some 14,000 workers and is the biggest employer at the MEZ.

 

“Sports City is using legal maneuvers to subvert the workers’ exercise of freedom of association and yesterday it succeeded in delaying the holding of an election at three of its factories on the basis of an appeal to the office of the Labor Secretary. We call on the Department of Labor and Employment (DOLE) to implement the law and the rules which absolutely guarantee the holding of a certification election despite an appeal by the employer,” stated Dennis Derige, PM-Cebu spokesperson.

 

In a pre-election conference yesterday, the DOLE officer handling the petitions for certification election announced that the proceedings are held in abeyance pending the appeal to the Office of the Labor Secretary. Petitions for certification election by rank-and-file unions in Metrowear, Globalwear and Mactan Apparel, and a supervisory union in Globalwear were earlier granted and objections by management dismissed.

 

Derige added that “The certification election at Sports City is a test case for the respect for freedom of association in the ecozones. In MEZ not a single union exists with a collective bargaining agreement due to the pernicious union busting efforts of capitalists. This has led to wage stagnation for workers despite decades of economic growth and productivity rise.”

 

Aside from the four petitions in Sports City, another petition for certification election is pending at First Glory Philippines. All the unions formed at Sports City and First Glory are affiliated to PIGLAS-SENTRO. A labor dispute has erupted at First Glory after the mass layoff of 300 workers, including all of the union officers, last November 27. Last December 22, members of the First Glory labor union voted overwhelmingly to go on strike.

 

“First Glory management has taken a hardline position in all mediation meetings despite being unable to substantiate its claim of losses. We demand that First Glory reinstate all 300 workers that were retrenched as this was done in bad faith and for the purpose of busting the newly-formed union,” declared Cristito Pangan, president of First Glory labor union.

 

The latest mediation hearing yesterday, attended by no less than Lapu Lapu City Mayor Junard Chan, on the First Glory dispute again ended without any agreement. Workers in the Mactan Ecozone have been hit by a series of job losses: Sports City retrenched 4,000 workers, Yuenthai fired 2000 workers, FCO International laid off 100 workers and Kor Landa dismissed 67 workers including union officers.

 

PM however believes that “The mass layoffs and labor disputes at First Glory, Sports City and Arcya Glass in Calamba, Laguna are all symptomatic of the epidemic of labor rights violations during the time of covid. Employers are exploiting the covid-19 crisis to bust unions and shift to contract work.”

January 5, 2021

Workers to spend Christmas at Laguna picketline

 

 

Workers of a glass factory in Laguna are spending their holidays on the picketlines as their labor dispute continues unresolved. Some 200 employees, about a dozen of whom are women, were terminated as Arcya Glass Corporation in Calamba, Laguna filed for permanent closure in November 16. However, the Arcya Glass Employees Union is accusing the company of union busting as the factory continues to operate with a reduced workforce.

 

“We believe that Arcya Glass is feigning closure as a way to bust the union and replace regular workers with contractual employees who will work for less wages and benefits. Despite the alleged closure, a skeletal force is working and trucks from Pedraja Trucking are ferrying bottles from the factory for delivery to Arcya’s customers,” stated Joseph Legada, president of the Arcya Glass Employees Union.

 

“The mass layoffs in Laguna and elsewhere are symptomatic of the pandemic of job loss that is happening without effective intervention by the government. This ties in with news reports that 4.5 million are unemployed this year and 2.2 million are also out of work but are not officially jobless only because they stopped looking for work. The restricted definition of unemployment limits it only to the jobless who are actively looking for work in the last six months,” asserted Rene Magtubo, PM national chair.

 

He added that “Moreover, we are seeing that capitalists are exploiting the covid-19 crisis to bust unions and shift to contract work. This is shown by the experience of the Arcya Glass Employees Union and the First Glory labor union in the Mactan ecozone.”

 

Last November 27 the garment firm First Glory Apparel in the Mactan ecozone fired 300 workers, including all the union officers. The union has a pending petition for certification election. A rally of terminated First Glory workers last November 30 was broken up by police and led to the arrest of five union officers and labor organizers. The so-called MEPZ 5 were later released as their cases for “disobedience to person in authority” were dismissed.

 

Arcya Glass put workers on one-month forced leave in March 15 as the covid lockdown started. The company then filed for temporary closure until October 15. Finally the company declared permanent closure on November 16. The Arcya Glass Employees Union has a pending case for unpaid benefits at the National Conciliation and Mediation Board and a complaint for illegal closure and union busting at the National Labor Relations Commission.

 

Magtubo insisted that “We demand that Labor Secretary Silvestre Bello convene a dialogue with labor groups on the continued hemorrhage of jobs inside and outside of the ecozones. We also ask Secretary Bello to remind police that existing DOLE-PEZA-PNP rules on labor disputes prohibit security personnel from harassing workers’ concerted actions.”

 

Photos of the Arcya workers protest can be accessed at

https://www.facebook.com/partidomanggagawa/posts/10158723479239323

https://www.facebook.com/partidomanggagawa/posts/10158678405269323.

December 24, 2020

Workers protest factory closure in Laguna

 

Workers of a glass factory in Laguna protested in front of the company gates last Wednesday. Some 200 employees, about a dozen of whom are women, were terminated as Arcya Glass Corporation in Calamba, Laguna filed for permanent closure in November 16. However, the Arcya Glass Employees Union is accusing the company of union busting as the factory continues to operate with a reduced workforce.

 

“We believe that Arcya Glass is feigning closure as a way to bust the union and replace regular workers with contractual employees who will work for less wages and benefits. In fact last Wednesday, three trucks from Pedraja Trucking came out of the factory and we think they carried bottles for delivery to Arcya’s customers,” stated Joseph Legada, president of the Arcya Glass Employees Union.

 

“The mass layoffs in Laguna and Cebu are symptomatic of the pandemic of job loss that is happening without effective intervention by the government. This ties in with news reports that 4.5 million are unemployed this year and 2.2 million are also out of work but are not officially jobless only because they stopped looking for work. The restricted definition of unemployment limits it only to the jobless who are actively looking for work in the last six months,” asserted Rene Magtubo, PM national chair.

 

He added that “Moreover, we are seeing that capitalists are exploiting the covid-19 crisis to bust unions and shift to contract work. This is shown by the experience of the Arcya Glass Employees Union and the First Glory labor union in the Mactan ecozone.”

 

Last Friday the garment firm First Glory Apparel in Cebu fired 300 workers, including the union president. The union has a pending petition for certification election. A rally of terminated First Glory workers last November 30 was broken up by police and led to the arrest of five union officers and labor organizers. The so-called MEPZ 5 were later released as their cases for “disobedience to person in authority” were dismissed.

 

Arcya Glass put workers on one-month forced leave in March 15 as the covid lockdown started. The company then filed for temporary closure until October 15. Finally the company declared permanent closure in November 16. The Arcya Glass Employees Union has a pending case for unpaid benefits at the National Conciliation and Mediation Board and a complaint for illegal closure and union busting at the National Labor Relations Commission.

 

Magtubo insisted that “We demand that Labor Secretary Silvestre Bello convene a dialogue with labor groups on the continued hemorrhage of jobs inside and outside of the ecozones. We also ask Secretary Bello to remind police that existing DOLE-PEZA-PNP rules on labor disputes prohibit security personnel from harassing workers’ concerted actions.”

 

Photos of the Arcya workers protest can be accessed at https://www.facebook.com/partidomanggagawa/posts/10158678405269323.

December 4, 2020

As Cebu labor organizers released from jail, DOLE asked to act on mass layoffs

 

Labor groups welcomed the release from detention of three labor organizers who were arrested in a workers rally at the Cebu Mactan Ecozone last November 30. Cases of “disobedience against a person in authority” lodged against Dennis Derige, Joksan Branzuela and Jonel Labrador were dismissed yesterday afternoon. Their colleagues Myra Opada and Cristito Pangan, both union leaders at the Mactan Ecozone, were released earlier.

 

Partido Manggagawa (PM) and Sentro ng mga Nagkakaisa at Progresibong Manggagawa (Sentro) also asked the Department of Labor and Employment (DOLE) for pro-active measures to stem the series of mass layoffs in the ecozones.

 

“We condemn the double standard of police in implementing the quarantine rules. Police turn a blind eye to Presidential spokesperson Harry Roque leading a mass gathering in Bantayan, Cebu last November 27 but without batting an eyelash arrest union leaders who were airing grievances on mass firings,” stated Rene Magtubo, PM national chair.

 

Meanwhile Josua Mata, Sentro secretary-general stated that “I would like to laud the decision of the prosecutor in dismissing the cases against our organizers. It only shows that there are still people in our justice system who are courageous enough to uphold the constitutional rights of workers.”

 

Magtubo insisted that “Another double standard is DOLE’s inaction on employers engaging in mass layoffs for dubious reasons while police immediate suppress workers’ protests against indiscriminate firings. We demand that Labor Secretary Silvestre Bello remind police that existing DOLE-PEZA-PNP rules on labor disputes prohibit security personnel from harassing workers’ concerted actions. We also ask him to convene a dialogue with labor groups on the continued hemorrhage of jobs inside and outside of the ecozones.”

 

Last November 30, the so-called MEPZ 5 led more than a hundred recently terminated ecozone workers in rally at the Mactan ecozone gate. But police dispersed the rally and arrested the MEPZ 5.

 

On November 27, First Glory Apparel fired 300 workers. This comes on the heels of mass layoffs at other firms in the Mactan ecozone. Earlier the Sports City group of companies retrenched 4,000 workers, Yuenthai fired 2000 workers, FCO laid off 100 workers and Kor Landa terminated 67 workers.

December 2, 2020

Foodpanda riders protest harassed by police, 1 arrested

 

 

Some 700 riders of the food delivery app Foodpanda held a “unity ride” today to seek redress of their grievances. However the peaceful protest at the Department of Labor and Employment (DOLE) was marred by an altercation with police from the Intramuros station. Jack Vergara of the Food Panda Riders Association was arrested while the cellphone of Romeo Maglunsod of the Kapatiran sa Dalawang Gulong (KAGULONG) was confiscated by the police.

 

“We condemn the harassment by the Manila police of a peaceful concerted action by workers that is a constitutionally guaranteed right. We ask Labor Secretary Silvestre Bello to ensure that workers’ right to redress of grievances is observed at the DOLE area. That is traditionally a site of protest but police are now using the pandemic as an excuse to suppress the right to peaceful assembly,” stated Rene Magtubo, national chair of Partido Manggagawa which is supporting the Foodpanda riders.

 

The Foodpanda riders assembled at the Film Center/Cultural Center of the Philippines area before proceeding to the DOLE to seek an audience and deliver a letter addressed to Labor Secretary Silvestre Bello.

 

The groups are asking the DOLE to conduct an inspection for the purpose of resolving the grievances of the Foodpanda riders. Riders are discontented over recent changes in Foodpanda policies that have negatively affected their pay and working conditions.

 

“Pay is tied to bookings which are affected by so-called ‘grades.’ But the grading system is opaque. Grades have fallen due to changes in the system which penalize riders. Pay has also been reduced per delivery due to a new system,” explained Don Pangan of KAGULONG.

 

Further, a policy called “undispatch” forces riders to rush in order to pick up an order, thereby putting their safety at peril. The groups are demanding the removal of “undispatch,” and transparency and fairness in policies, including the computation of the pay for deliveries.

 

Pangan added that “Food Panda riders are called delivery partners but in reality are employees of the company owning the app. Food Panda riders are subject to control and supervision of the company as shown by the impact of policy changes on pay and condition. Foodpanda riders are not independent contractors but ordinary employees of th company owning the app.”

 

The groups are calling on the DOLE to act on their request for dialogue and inspection. “This is only the start of our advocacy for the rights and welfare of Foodpanda rider and other gig workers. Ang laban ng Foodpanda riders ay laban ng lahat ng gig workers,” insisted Pangan.

Food Panda Riders Association

Kapatiran sa Dalawang Gulong (KAGULONG)

November 18, 2020

 

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