Recent labor advisories, particularly
Department Order (DO) No. 213 and Labor Advisory (LA) No. 17 and 18 issued by
the Department of Labor and Employment (DOLE) under Sec. Silvestre Bello are
loosening up some well placed labor standards that protect workers from being
exploited under normal conditions as well as during crisis situations.
Labor Advisory No. 17 is an
example of how an emergency instrument can legitimize wage reduction at a time
regular income and #AyudangSapatParaSaLahat are badly needed by no work-no pay
workers.
The pre-Covid19 low wage
regime that dominated industries for decades can only be negotiated up not
down, but here is DOLE giving ECOP a wider latitude in making flexible work arrangements
and diminution of wages and benefits a legitimate exercise of their
prerogative. This policy will surely work in favor of the employers as workers
are made to choose between jobs and fair income which, in the ideal world of
Harry Roque, does not exist during this time.
LA 17 is no different from LA
18 which requires employers to cover the cost of PPE's and testing but did not
make mass testing mandatory.
The same goes with the
DOLE-DTI guidelines which required employers to provide shuttle services or
near-site accommodation to their employees but without mandating their
compliance.
Kaya nauwi lahat sa 'bahala na
si batman.'
Employers of course can only
be happy with any policy that is not mandatory yet allows flexibility on their
side to shortchange workers without facing any penalty.
We maintain that in times of
crisis, the role of the state is to defend the better standards from eroding
and to further seek its better ideals in the practical world where the power of
capital rules.
This loss of direction on the
part of DOLE we believe is not due to developmental topographical
disorientation (DTD) syndrome as getting out of line most of the time is a
regular thing in the department.
19 May 2020
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