Proposed police clearance for DOLE transactions has chilling effect on workers — solon

The Philippine National Police’s (PNP) proposal to require a national police clearance for transactions with the Department of Labor and Employment (DOLE) will have a chilling effect on the "free and unfettered" exercise of workers rights, TUCP (Trade Union Congress of the Philippines) party-list Representative Raymond Mendoza said Friday. 

In a statement, Mendoza described the police's suggestion as an "unwarranted infringement of the constitutional rights of workers to self-organization."

"On its face, the request of the PNP to require those dealing with the DOLE to submit national police clearances superimposes the heavy-handed police state security apparatus on our labor relations system," Mendoza said.

"It is violative of our right to organize and unduly expands the discretion of the State in intervening in the exercise of our constitutional rights," he added.

Further, Mendoza is urging DOLE to reject the PNP's proposal. Labor Secretary Silvestre Bello III has said the suggestion is already under consideration.

In a letter to Bello dated March 10, 2021, PNP chief Police General Debold Sinas said the PNP is hoping that the DOLE will support the National Police Clearance System (NPCS) “by making the NPC as one of your requirements in your various transactions.”

It was not specified what types of transactions would require the national police clearance.

For Mendoza, the said requirement would only intimidate and scare off workers from exercising their rights, noting that it may be an "insurmountable hurdle" in registering a union.

"It will emasculate the exercise of labor rights and will make a mockery of the labor justice system," Mendoza said.

The Associated Labor Unions also denounced the proposal, saying it is an added burden to workers and will threaten industrial peace in the country. — Anna Felicia Bajo/RSJ, GMA News

Palace certifies as urgent Senate’s anti-‘endo’ bill

MALACAÑANG has asked that Senate Bill 1826 or the Security of Tenure (SoT) Bill be certified as urgent, following President Rodrigo R. Duterte’s commitment to abolish “endo,” an employment practice that denies workers a path to permanent status.

In a palace document dated Sept. 21, Mr. Duterte asked Senate President Vicente C. Sotto III to “certify the necessity of the immediate enactment” of the SOT Bill.

Malacañang added that the bill needs to pass to “strengthen workers’ security of tenure by prohibiting the prevalent practice of contractualization and labor-only contracting which continue to immerse our workers in a quagmire of poverty and underemployment.”

Mr. Sotto said in an interview with reporters that the chamber will push for the bill’s passage before Congress adjourns on Oct. 12.

“We’ll do our best to pass it by Oct. 11,” he said.

Sen. Emmanuel Joel J. Villanueva, who chairs the Committee on Labor, Employment and Human Resources Development, added: “We certainly need a law that will not only uphold our workers’ basic labor rights and restore dignity of work, but also a law that will promote quality employment without jeopardizing business operations but rather create more stable jobs for every Filipino.”

The Senator, who is also the author and principal sponsor of the bill, added that the SoT bill will address the interests of both the labor and business sectors.

Labor and Employment Secretary Silvestre H. Bello expressed the hope that the law will pass and be implemented promptly.

At a briefing on Tuesday, Mr. Bello said he has a personal timetable of October passage for the bill allowing it to be signed into law by December.

Labor Undersecretary Joel B. Maglunsod said in a chance interview on Tuesday that the move to certify the bill is “(a step forward).”

Nagkaisa Labor Coalition (NAGKAISA) Chairperson Jose Sonny G. Matula said the process of certification brings the sector closer to the goal of ending contractualization.

“It’s closer than it has ever been but we still have some work to do,” Mr. Matula, who is also the President of the Federation of Free Workers, said in a statement on Tuesday.

He added, “After more than two years, the Duterte administration has finally made a big step towards the fulfillment of a campaign promise.”

Associated Labor Unions — Trade Union Congress of the Philippines (ALU-TUCP) National Executive Vice-President Gerard R. Seno said in a press release, “The moment the SOT bill is enacted into law, there is now a chance for contractual workers to be included in the country’s growing economic growth.”

For his part, Employers Confederation of the Philippines Acting President Sergio R. Luis-Ortiz, Jr. stressed that the passage of this bill could effectively reduce the labor force, adding that employers will be deterred from hiring workers especially for high-demand periods like Christmas.

He added that eliminating contractualization will also put off current and potential foreign investments from the country.

“Many foreign investors are turned off (by the measure),” he said in a phone interview with BusinessWorld on Tuesday.

“You cannot (remove contractualization); we’ll be the only one in the world to do that,” he added, noting that the contracting of services not directly affecting the company’s business is a common global business practice. — Gillian M. Cortez

Metro Manila housemaids to get P1,000 wage hike this December

Domestic workers in Metro Manila would receive an additional P1,000 in their salary this December as the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) approved wage increase last November 30.

GMA 7 news program "24 Oras Weekend" reported on Saturday that the order was confirmed by Department of Labor and Employment (DOLE) Secretary Silvestre Bello III.

With the increase, employers will be required to pay domestic workers a wage of P3,500, instead of P2,500.

The adjustment covers "general househelp; yaya; cook; gardener; laundry person or any person who regularly perform domestic work in one household on an occupational basis."

The wage board clarified that "service providers; family drivers; children under foster family arrangement and any other person who performs work occasionally or sporadically and not on occupational basis," are not covered by the order.

The board added that any violation of the order shall be punishable with a fine of not less than P10,000 but not more than P40,000 "without prejudice to the filing of the appropriate civil and/or criminal action by the aggrieved party."

The increase will take effect 15 days after the order is published in a newspaper of general circulation.

The Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) called the increase an "early Christmas gift for our kasambahays."

"We are happy that the wage board has granted the increase. With the falling value of wages , household helpers also needed the raise to cope with rising cost of living," ALU-TUCP spokesman Alan Tanjusay said.

A domestic helper, a mother who also wanted to finish her own schooling, was brought to tears when she learned of the wage increase.

"Parang naiiyak ako. Hindi, natutuwa lang po kung sakaling matuloy po 'yan," said Marissa Merino.

"So siyempre, sila, yung sacrifice na mag-travel ka pa to manila just to earn a living for your family, they deserve talaga an increase." Marissa's employer chimed. — Margaret Claire Layug/DVM, GMA News

Labor task force to meet ​on ​rest periods to mall employees

Labor Secretary Silvestre Bello III (davaotoday.com)

DAVAO CITY, Philippines — Labor Secretary Silvestre Bello III said the labor department is coming up with an administrative order to direct all business establishment to grant rest periods for salesgirls including male employees.

In an interview at the sidelines of the opening of the One-Stop Service Center for Overseas Filipino Workers in Gaisano Mall here Friday, Bello said the technical working group will meet on Tuesday, Aug. 15 to come up with a recommendation which will be the basis of the order.

“During their period of working they should be allowed rest time. Pumunta ka dun sa SM, walang saleslady na nakaupo, puro nakatindig yan. So hindi lang alisin yung requirement of high heels, we should also allow our salesgirls and security guards and other male workers some rest time,” Bello said.

He said in a span of an hour salesgirls or personnel who are commonly required to stand for a long period of time during their duty should be given “five to 10 minutes rest time” every hour.

“Depende kung gusto nila palabasin muna yung workers kung san sila pwede magrest ang importante allow them some period of resting (It depends on employers whether they want to allow the workers to go out to where they could rest, the important thing is they will be given some period of resting),” Bello said.

Meanwhile, the Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) lauded DOLE for acting swiftly on the concerns of the salesladies.

Bello on Thursday ordered the DOLE’s Occupational Safety and Health Center (OSHC), the Bureau of Working Conditions (BWC) and the Bureau of Special Working Concerns (BSWC) to come up immediately with a policy in view of an occupational safety and health hazards faced by salesladies in wearing high-heel shoes and giving rest periods to both male and female security guards and salespersons.

ALU-TUCP spokesperson Alan Tanjusay said the most of the workers were employed as short-term contractual employees.

“Most of these salesladies have been enduring the pain and the risks caused by wearing high heels shoes for the entire period of the shift for many years because they will be fired whenever they complain against it. Apart from having no security of tenure, they have no union to help them improve their plight,” Tanjusay said.

The ALU-TUCP last week urged the DOLE to draft a policy forbidding employers nationwide from requiring women employees to wear high heel shoes at work because it poses danger to their safety and health in the absence of a government regulation.

Tanjusay said the ALU-TUCP envision a policy that cover not only salesladies but promodizers in supermarkets, waitresses, hotel and restaurant receptionists, flight attendants and lady security guards. - ZEA IO MING C. CAPISTRANO (davaotoday.com)

DOLE, top networking site address job-skill mismatch

THE Department of Labor and Employment (DoLE) has tied up with LinkedIn, one of the top business and employment-oriented social networking sites worldwide, in addressing a mismatch between skills and the actual jobs available in the market.

The mismatch is blamed as the prime driver of the country’s growing problem on underemployment.

Labor Secretary Silvestre Bello 3rd on Friday said LinkedIns would provide windows of opportunity for employers to peek into the skills of its Filipino members.

He added that the employment networking site has released its Philippine Skills Report, which shows the top skills of four million LinkedIn Filipino members, to help companies identify employees who fit its hiring criteria.

“The Philippine Skills Report of LinkedIn bares the list of in-demand jobs and top skills of around four million of its Filipino members. It will help companies to fulfill their hiring needs and for the job seekers to find right opportunities fitted with their expertise,” Bello said.

He added that the skills report will expand jobseekers’ career path decisions with increased job opportunities available in various industries, as the Philippines is currently considered as one of the Asia’s fastest-growing economies.

“The Philippines is currently one of the Asia’s fastest-growing economies, but this can only be maintained if companies can find the right talent and skill to foster business growth. In support of the Philippine government’s effort, LinkedIn is helping to bridge this gap and support local business by effectively connecting talent and skill with the right opportunities,” Bello said.

In the DoLE’s Labor Market Information (LMI) Report for 2013 to 2020, it identified key 275 occupations as in-demand and 102 occupations are listed as hard-to-fill from among key and emerging industries.

In-demand occupations refer to active occupations/job vacancies posted or advertised recurrently. These occupations have high turnover/replacement rate and are essentials in the operations of a company.

Organized labor has said that just this year, some 1.2 million college and vocational graduates find difficulty in getting a job because of a growing mismatch between their training and the job skills required by most employers.

According to the Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP), through spokesman Alan Tanjusay, the job-skill mismatch crisis in the country continues to grow, resulting in stiffer competition and prompting employers to put additional qualifications into the job descriptions for them to compete.

LinkedIn cited the Top 10 industry where its Filipino members came from, with Information and Technology topping the list, followed by Outsourcing, Education, Banking and Financial Services, Telecommunications, Real Estate, Healthcare, Computer Software, Oil and Gas and Manufacturing.

It also bared the most hired occupations on its site to guide possible Filipino members to sign up and look for in-demand job opportunities being offered by hiring companies.

Some of the most hired occupations on LinkedIn are Sales Professional, Software Developer, Customer Service Specialist, Marketing Specialist, Operations Manager, Recruiter, IT Support Specialist, Human Resource Professional, IT Consultant and Accountant.

“DoLE is working hand-in-hand with other partner agencies and organizations, including LinkedIn to address job-skill mismatch in our country. We need to bridge the gap between the skills and job opportunities for better career and economic gains,” Bello said. - WILLIAM B. DEPASUPIL / BY THE MANILA TIMES

1M graduates face bleak future

One million students graduating from college this year are facing a bleak future, according to the Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP).

Waiting for the graduates are the same old problems of job-skill mismatch, low wages, contractualization and unsafe workplaces, the group said.

“We don’t want to give these young [people] any false hopes. We don’t want to discourage them either, but these are the issues that confront our new graduates,” Alan Tanjusay, ALU spokesperson, said in a statement on Monday.

Citing the October 2016 Labor Force Survey, which showed close to 8 million workers in need of second jobs to augment their daily income, Tanjusay said mismatch between skills and actual jobs available was the prime driver of underemployment in the Philippines.

“Graduates are also confronted with low entry-level minimum wages. The purchasing value of the current P491 entry-level daily wage for workers in the National Capital Region has eroded to P363 a day excluding mandatory social protection, salary deductions, and transportation and meal expenses,” he said.

The graduates also face precarious and prevalent job contractualization arrangements, he said.

Known as “555” (five-month contracts) and “endo” (end of contract), contractualization is a work arrangement where workers are terminated after five months and then rehired for another five months.

“Seven out of 10 of the current 41-million-strong workforce are contractuals. Workers who were contractuals more than five years ago remain contractuals, getting the same entry-level pay without security of tenure and the benefits that they are supposed to enjoy,” Tanjusay said.

“That’s how bad and massive contractualization is,” he added.

Labor Secretary Silvestre Bello III is expected to sign an order on contractualization this week.

Bello was supposed to sign the order last week but labor and management groups asked for four days to discuss their “fundamental differences.”

Labor coalition Nagkaisa spokesperson Rene Magtubo said the proposed order was unacceptable because it still carried the “win-win” solution that workers had rejected.

Bello, on the other hand, explained that the labor department could not end contractualization.

“We have to accept the fact that there are certain works or jobs that are seasonal. We have to be ready for that, we have laws to talk about,” he said.

“Our position is, there are certain contractual arrangements that are allowed, which we intend to regulate. House Bill No. 444 will definitely prohibit and criminalize contractualization and all forms of fixed-term contracts. But in the meantime that there is a law, that’s what I’m going to do, which allows certain forms of contractualization,” he added. - By: Tina G. Santos - Reporter / @santostinaINQ Philippine Daily Inquirer

Bello rapped for defying Duterte's policy directives

Labor Secretary Silvestre Bello III

VARIOUS labor groups slammed Labor Secretary Silvestre Bello III for defying the policy directives of President Rodrigo Duterte to stop contractualization by drafting a new department order which will still continue contractualization scheme.

The Nagkaisa and Associated Labor Unions chairman Michael Mendoza said the President instructed Bello to draft a new department order ending all forms of contractualization and do away with labor contractors who serve as middlemen between employees and principal employers.

“We are shocked that DoLE management has said that the DoLE can only regulate but not prohibit contractualization and all forms of fixed term employment. Section 106 of the Labor Code is crystal clear saying the Secretary of Labor may ‘regulate’ or ‘prohibit’ contractualization,” Mendoza said.

Members of the militant labor group Bukluran ng Manggagawang Pilipino also condemned Bello’s latest draft of the department order that contradicts Duterte’s directive to abolish contractualization, an order he reiterated when he met with labor leaders.

Mendoza said the legal stance smacked of intellectual dishonesty and deception.

“We therefore affirm that the context of any new department order must be one of total prohibition. That was reinforced by the President when he spoke with Labor and Secretary Bello on Feb. 27. President Duterte has said he will not renege on his promise to end contractualization and abhors agency hiring,” Mendoza said.

Throughout the country, the presidential commitment to end contractualization has resonated with millions of Filipinos who for the past 20 years have labored to receive the smallest of minimum wages only to be laid off after a few months.

“Presidential Spokesman Abella’s elaboration of the President’s commitment further raised massive expectations that indeed the Duterte government would bring real change through meaningful income through secure jobs,” Mendoza said.

“We are unmoved by employers and contractors in their assertion that contractualization is allowed. The billions they have earned while their workers slave at subsistence wages are testament to 25 years of injustice,” Mendoza added. - by Vito Barcelo  / manilastandard.net

Group slams Labor chief for 'misguiding' Duterte

THE Trade Union Congress of the Philippines (TUCP) accused Monday members of the Cabinet of misguiding President Rodrigo Duterte on how to properly address the issue of contractualization.

According to TUCP Vice President Luis Corral, they are wary that the Department of Labor and Employment (Dole) is misleading Duterte on how to make true to his campaign promise of eliminating all forms of contractualization.

"The real problem is the Dole as they are speaking for... they are putting words in the mouth of the President. Mukhang nililihis nila yung usapin," said Corral.

The labor leader said it is simply questionable why Labor Secretary Silvestre Bello III "is not following the directive" of Duterte.

He added that “neoliberal” Cabinet members, namely Socioeconomic Planning Secretary Ernest Pernia, Finance Secretary Carlos Dominguez, and Trade Secretary Ramon Lopez are taking advantage of Duterte’s lack of complete understanding of the contractualization issue to sway the latter’s position.

“May pakiwari kami na kulang ang pagkakaintindi ng Pangulo doon sa contractualization dahil hindi naman siya labor lawyer by profession. At nilalayo siya ng tatlong neoliberal doon sa tamang landas,” said Corral.

To recall, President Rodrigo Duterte had vowed to put an end to labor contractualization practices during his administration.

Amid accusations made by the TUCP, Bello called on the labor sector to agree to the “middle ground” proposal for contractualization, wherein only illegitimate contractualization schemes are prohibited.

“While the Department is keen on curbing illegitimate contractualization or ‘endo’ practices as directed by the President, we recognize that there are legitimate forms of contracting and thus may be allowed particularly in seasonal and project employment,” said the Labor chief in a statement.

“I urge labor groups to work hand-in-hand with the current Administration in identifying plans, policies and platform of engagement in the next medium term,” he furthered.

Earlier, Bello had already raised the “middle ground” proposal, wherein some types of contractual work schemes, such as project-based and seasonal work arrangements, will be allowed.

Essentially, the “middle ground” is a reiteration of the controversial Department Order 18-A (DO 18-A) of the DOLE. -  (HDT/Sunnex)

With ASEAN integration come social cost and disruption, labor group warns

THE COUNTRY’S biggest labor coalition warns of a disruption among workers with the realization of the planned economic integration of the Association of Southeast Asian Nations (ASEAN).
In a statement on Sunday, the Nagkaisa group of the Trade Union Congress of the Philippines (TUCP) said regional integration of which programs are under way could lead to low-quality jobs as well as a surge in unemployment.

“The integration will further stimulate jobless growth, race to the bottom phenomenon and promote other forms of precarious work conditions including lowered standard in occupational safety and health particularly if labor laws enforcement is weak and regulatory institutions are irrelevant,” TUCP-Nagkaisa Spokesperson Alan T. Tanjusay said.

The group referred to jobless growth as economic growth marred by unemployment, underemployment and poverty, and to the bottom phenomenon as competition among companies in cutting wages and workers’ living standards.

The TUCP said that, with regional integration, employers will have more leeway to pursue leaner operations, outsource jobs across borders, and relocate production to locations with the most affordable labor.

But Mr. Tanjusay for his part also said: “... [W]e can expect a wider job market for Filipino workers who are highly sought after because of their reputation for excellent craftsmanship. Thus, we see a rise in remittances and the spike of job-creating allied services which are additional perk to the economy.”

The group called for a review of the country’s Alien Employment Permit, issued by the Department of Labor and Employment, and the Work Visa and the Special Work Permit (SWP) issued by the Bureau of Immigration.

“Because of these double functions and lack of coordination between these two agencies, work permits are rife with graft and corruption resulting [in] lack of protection for foreign workers working in the country,” the group said. The group also urged the government to organize a single oversight body to grant, supervise and manage these permits. - By Alden M. Monzon, Reporter BusinessWorld Online

TUCP airs alien employment concerns

The Trade Union Congress of the Philippines (TUCP) said it is now monitoring the possible arrival of illegal migrants, who may be victims of human trafficking, with the start of the implementation of the ASEAN Economic Community (AEC) last month.

ASEAN stands for Association of Southeast Asian Nations.

“So far, we have not monitored any (surge in the number of foreign workers)… we will just continue our monitoring,” TUCP official Gerard Seno told reporters in an interview.

The country’s largest labor group expressed this concern after it reported in 2013 the some 3,000 foreigners without the necessary alien employment permit (AEP) to be working in construction sites in Bataan and Batangas.

The incident was immediately addressed by the Bureau of Immigration and the Department of Labor and Employment (DOLE).

Earlier, DOLE’s Bureau of Local Employment (BLE) Director Dominique Tutay allayed fears the AEC will pave the way for the mass entry of migrant workers in local industries. - by Samuel Medenilla / Manila Bulletin

Dole asks more sectors to file position papers until Aug. 26

FOLLOWING the wage petitions filed by some labor groups, the Department of Labor and Employment (Dole) wants the public and the concerned sectors to understand that they have yet to deliberate on the matter.

With this, Dole 7 Director Exequiel Sarcauga asked more sectors to file position papers until Aug. 26.
“The Regional Tripartite Wages and Productivity Board (RTWPB) cannot yet make any decision regarding the two petitions filed asking for across-the-board daily minimum wage increase in Region 7 right after the conduct of the regional public hearing,” said Sarcauga, who also chairs the RTWPB, in a press statement.

Hearing

The hearing last Thursday, Sarcauga said, aimed to guarantee that all ideas, rejoinders, issues and concerns of different sectors could be considered.

It was attended by various chapters of chamber and commerce industry as well as representatives from the wholesalers association, consumer groups, representatives from the academe, among others.
“It targets to ensure broad participation of stakeholders and other parties affected by the wage adjustment. It also helps generate data on the views or position of stakeholders on petitions for such move,” Sarcauga further explained.

Hike

He said the RTWPB will schedule a deliberation of the two wage hike petitions presented and submitted to their office.

Since last month, labor groups had been pursuing for the labor agency to grant a wage increase.

Metudio Belarmino Jr. of Alliance of Progressive Labor (APL) filed for a minimum wage adjustment of P145 or a P432 daily minimum wage.

Increase

On the other hand, Arturo Barit of Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) filed for an increase of P92 or a P485 daily minimum wage in Central Visayas.
“I appreciate the arguments of the labor and management sectors. Both are equally correct and sensible. Our problem and concern now is how to create and establish balance when faced with two correct issues in order to come up with a reasonable, practical and viable solution,” Sarcauga said.

Kasambahay

Sarcauga also encouraged the sectors to include in their position papers the concerns of the kasambahay or domestic helpers.
Architect Benjamin Avila of the Mandaue Chamber of Commerce and Industry, Robert Go of Cebu Chamber of Commerce and Industry and lawyer Manolette Dinsay of the Bohol Chamber of Commerce and Industry and Siquijor Chamber of Commerce and Industry said during the public hearing last Thursday that any wage increase is untimely and will increase employment rate and inflation rate. - By
EARL JON M. RALLOS / SunStar

Press conference on Labor Compliance System with Labor Secretary Rosalinda Baldoz

Kilusan Pres. Arthur Juego with Atty. Sonny Matula of FFW

On the freedom of association and the right to strike

Statement of Secretary Rosalinda Dimapilis-Baldoz
Department of Labor and Employment

20 February 2015

On the freedom of association and the right to strike

“There is a plan afoot, espoused by the employers’ group in the International Labor Organization (ILO), to declare that freedom of association does not include the right to strike as it is not so stated in the ILO Convention 87, or the Freedom of Association and the Protection of the Right to Organise.

“Naturally, the workers’ group in the ILO, as well as labor unions all over the world, including unions in the Philippines, strongly oppose this move.

“On the part of the DOLE, I declare that the Philippines adheres to the principle that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests.

“The right to strike, as an inseparable adjunct to freedom of association, or the right to self-organization, is a universally accepted principle.

“Also, as a member of the ILO and as signatory to ILO Conventions 87 and 98, or the Right to Organize and Collective Bargaining Convention, the Philippines recognizes that freedom of association and the right to strike are basic principles attached to the Universal Declaration of Human Rights.

“No less than the 1987 Philippine Constitution guarantees freedom of association. Section 3, Article XIII of the basic law of the land explicitly mandates that the State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.

“However, while constitutionally-recognized, the right to strike is not an absolute right and not without legal limitations. This is clear as the Constitution itself provides that the exercise of the right should be in accordance with law.

On this note, the Labor Code, as amended clearly provides procedures in order for a strike to be considered valid. Undoubtedly, the Labor Code is against the use of violence, coercion, and intimidation during a strike.

“It must be noted that statutory requirements and conditions—while these are perceived to constrict the exercise of trade union rights—are nonetheless acceptable and considered not incompatible with our Constitution and ILO Conventions 87 and 98.

“Thus, we are committed to ensuring and maintaining an atmosphere conducive to the exercise of trade union rights, free from unreasonable restraint and infringement.”



------------------------
See also Right to Strike Re-affirmed at ILO

TUCP seeks P136 minimum wage hike

MANILA – The Trade Union Congress of the Philippines-Nagkaisa (TUCP) and the Trade Union Congress Party-list is seeking an P136 increase to the current P466 minimum wage for workers in Metro Manila.

TUCP spokesperson Alan Tanjusay said the current minimum wage can no longer sustain needs of a family, arguing that the real value of the peso has been eroded by 35 percent due to several factors including consumer price index, tuition fees, the recent Metro Rail Transit/Light Rail Transit fare hike, and the impending water and electricity rate increases.

“The real value of the current P466 minimum wage is P299 only. It cannot sustain the needs of a family. As a result, many employed workers fall through the cracks and join the growing ranks of the working poor. Thus, we are asking the board to give a ‘living’ minimum wage. We particularly appeal to employers to grant our petition,” Tanjusay said.

Rep. Raymond Mendoza, meanwhile, cited a “social discrepancy” between the country’s economic growth and wages of workers.

“We have been experiencing growth in our economy but the workers who worked hard for it are wallowing in poverty. They have jobs and most are employed yet they do not benefit the development. This is highly unfair and grossly unjust to workers and their families. It is a social discrepancy that needs urgent attention from government and employers must take seriously into consideration,” he said.

TUCP made the appeal at the panel’s review of the current wage rate held Wednesday in Pasay City.

The board is composed of three government representatives, one each from the Department of Labor and Employment (DOLE), Department of Trade and Industry (DTI) and National Economic Development Authority (NEDA) and two each from the labor and employers’ sectors.

The review process will take about a maximum of two months before deciding on the lawful amount. - ABS-CBNnews.com

TUCP: Warehouse owner, contractor liable for Bulacan mishap

MANILA, Philippines - Labor group Trade Union Congress of the Philippines (TUCP)-Nagkaisa on Tuesday called on the government to hold the building owner and the project contractor liable for the death of 12 construction workers and the injury of several others when a wall collapsed on them Monday afternoon in Bulacan.

"Both the project owner and the project contractor are both liable for the deaths of the victims. This accident can be prevented, if not minimized, if these two are faithfully performing their duties and responsibilities in accordance with the occupational safety and health regulations and standards.

"There must be some kind of negligence on the safety regulations and standards that lead to the deaths and so they must be made answerable," Gerard Seno, executive vice president of the Associated Labor Unions-TUCP, said.

Seno said that by now, he expects the Department of Labor and Employment (DOLE) regional office is conducting a probe on the incident after ceasing work at the project site to prevent.

Government regulation requires project owners and contractors in all types of constructions work to have a construction safety and health program, ensure all workers have personal protective equipment, project safety personnel, emergency occupational health personnel and facilities, construction safety signages, construction safety and health committee, and workers' welfare facilities.

Seno noted that a separate charge must be slapped if the project owner and contractor also fail to comply with their obligations to pay the lawful regional wage including social protection benefits such as Social Security System, PhilHealth, Pag-ibig.

There is also a need for DOLE if the city or municipal engineer office inspected the project site for compliance on workplace safety standards before issuing the building permit and respond to reports the materials used are of poor quality, Seno said. - By Dennis Carcamo (philstar.com) |

Pres. Aquino urged to hasten full implementation of ASEAN accords on professional services

The Philippines has yet to fully implement the Mutual Recognition Agreements/Arrangement (MRAs) entered into among Association of Southeast Asian Nations (ASEAN) member states covering eight professional services.

The special House Committee on East ASEAN Growth AREA (EAGA), chaired by Hon. Raymond Democrito C. Mendoza (Party-List, TUCP), has adopted, subject to form and style, House Resolution 1482 authored by Hon. Catalina G. Leonen-Pizarro (Party-List, ABS).

HR 1482 is entitled a "Resolution urging the Executive Department thru H.E. President Benigno S. Aquino III to issue a Memorandum Circular to fully implement the MRAs entered by the ASEAN Member States such as the Brunei-Darussalam, Indonesia, Malaysia, Philippines (BIMP-EAGA) and other ASEAN Member States affecting eight (8) professions in the country, including Engineering Services, Nursing Services, Architecture, Surveying, Medical Practice, Dental Practice, Accountancy and Tourism Services, ensuring enhancement measures and safety nets in the light of the ASEAN integration in 2015."

Leonen-Pizarro cited the following objectives behind the MRAs: 1) to facilitate mobility of practitioners with the ASEAN region; 2) to exchange information and enhance cooperation in respect of mutual recognition of practitioners; 3) promote adoption of best practices on standards and qualifications; and 4) to provide opportunities for capacity building and training of practitioners.

The eight professional services of which the Philippine Government is a signatory under an MRA with the ASEAN were concluded separately from December 9, 2005 to November 9, 2012, the author noted.

She recalled that since December 15, 1995 the ASEAN has recognized and emphasized the growing importance of trade in services through the adoption of the ASEAN Framework Agreement on Services (AFAS) by the ASEAN Economic Ministers during the 5th ASEAN Summit in Bangkok, Thailand.

The AFAS aims to substantially eliminate restrictions to trade in services among ASEAN Member States, enhance cooperation in services, liberalize trade in services, and promote efficiency and competitiveness of ASEAN service suppliers.

The AFAS establishes the general guidelines for mutual recognition, denial of benefits, dispute settlement, institutional mechanism and other areas of cooperation in the services sector, she pointed out.

Article V of the AFAS, the House Resolution noted, provides that the ASEAN Member States may recognize the education or experience obtained, requirements met, and licenses or certifications granted in other ASEAN Members States, for the purpose of licensing or certification of services suppliers.

Leonen-Pizarro also noted that during the 9th ASEAN Summit held on October 7, 2003 in Bali, Indonesia, ASEAN Heads of States/Governments signed the Bali Accord II and declared the establishment of an ASEAN Community which comprises the political, economic, and security communities to include the completion of MRAs for qualifications for major professional services by 2008 to facilitate free movement of professional/skilled labour/talents in the ASEAN.

Furthermore, the author cited Executive Order No. 83, issued by the President on October 1, 2012, entitled "Institutionalization of the Philippine Qualifications Framework (PQF)" to, among other vital objectives, "align the PQF with international qualifications framework to support the national and international mobility of workers through increased recognition of the value and comparability of Philippine qualifications."

Above other laws and issuances related to professional services, the authors noted that "Art. XII (National Economy and Patrimony), Sec. 14 par. (2) of the 1987 Philippine Constitution provides that the practice of all professions in the Philippine shall be limited to Filipinos citizens, save in cases prescribed by law."

One vital reference statute on the subject is Republic Act No. 8981 otherwise known as the "PRC Modernization Act of 2000" which provides that Filipino and foreign professional practicing in the Philippines are regulated and screened by the Professional Regulatory Commission (PRC) which is attached under the Department of Labor and Employment (DOLE).

By Dionisio P. Tubianosa, Media Relations Service-PRIB

Labor group supports optional AIDS tests for employees

A LABOR group expressed support for a Department of Health (DoH) policy that makes tests for the Acquired Immune Deficiency Syndrome (AIDS) optional for employees.

This is a “more viable government response to a very insidious spread of HIV” compared to mandatory testing, Associated Labor Unions executive vice-president Gerard R. Seno said in a press statement.

According to the United Nations Children’s Fund (UNICEF), the prevalence of the diseases in the country is relatively low, however, the country is “one of only seven countries globally” where there has been an increase in HIV cases from 2001.

A total of 4,814 cases of HIV/AIDS were noted in 2013, data from the DoH HIV (Human Immonodeficiency Virus) and AIDS registry showed.

For its part, the Philippine National AIDS Council (PNAC) has yet to come up with a definite stand on the matter as its members remain unable to arrive at a consensus due to the contentions raised -- that the proposed policy would subject infected individuals to stigma and discrimination.

“There is no right or wrong in the opposing arguments offered by government and advocates,” Mr. Seno said. “(W)e have to address the problem as quickly as possible without infringing the right of an individual in making choices for himself.”

The TUCP has been taking up steps to address HIV/AIDS discrimination in the country and has recently partnered with the PNAC, Pilipinas Shell Foundation, the DoH, PhilHealth, and the Department of Labor and Employment (DoLE) to conduct seminars on this.

“The seminar module was designed to mainstream ALU organized workers with HIV and AIDS and to empower participants with a conviction to share the information with their relatives, friends, and co-workers,” TUCP Spokesperson Alan A. Tanjusay said.

The DoH is currently lobbying for the adoption of the policy in the amendments currently made in the National AIDS Law.

Officials from the DoH could not be reached for further comment. -- J.V.D. Cabuenas / Bworldonline

RTWPB 7 sets 2 hearings on Cola-wage integration

THE Regional Tripartite Wages and Productivity Board (RTWPB) 7 will conduct two public hearings this month to get the sentiment of the labor sector on the proposal to integrate the P13 cost-of-living allowance (Cola) in the basic wage.

RTWPB 7 labor sector representative Jose Tomungha said that the hearings are set on Oct. 13 in Bohol and Oct. 14 in Cebu City.

Tomungha said that RTWPB 7 will deliberate the inputs from the participants and the result of the public hearings on Oct. 15 and 21.

Tomungha said that the labor coalitions in Cebu are also now conducting research on the amount of the wage increase that could be filed by the workers in May 2015.

He said May 2015 is just seven months away that’s why it is appropriate to start the research now.

Early this year, the Associated Labor Union-Trade Union Congress of the Philippines (ALU-TUCP) filed a petition for a P90 across-the-board wage increase, while the Alliance of Progressive Labor (APL) wanted an increase of P132 per day.

The regional wage board, however, only granted a P13 Cola for workers that dismayed Tomungha and other labor sector representative, lawyer Ernesto Carreon.

RTWPB 7 is co-chaired by the director of the Department of Labor and Employment 7 and the director of the Department of Trade and Industry.

The RTWPB 7 members who also voted for the Cola are the director of the National Economic and Development Authority 7 and two representatives of the management sector.

With the P13 Cola on top of the P327 basic wage, the total minimum compensation now of a minimum wage worker is P340.

The decision of RTWPB 7 was affirmed by the National Wage Commission and it took effect last March 21, 15 days after it was published in a newspaper of general circulation last March 6.

Tomungha said that unlike Cola, which can be removed from the payroll anytime, a basic pay is permanent under the labor law. - By Elias O. Baquero / SunStar

TUCP bats for P135 wage hike in Metro next month

The country’s largest labor group is considering filing a P135 wage hike in Metro Manila next month to help workers cope with the rising cost of basic commodities and services.

In a text message, Trade Union Congress of the Philippines (TUCP) spokesperson Alan Tanjusay said the tentative amount was based from their assessment on the impact of the high-cost of living in the National Capital Region (NCR) to minimum wage earners.

“Among our primary considerations is the 4.9 percent inflation, which is the highest in 33 months, increase in transportation fares, food prices, and tuition of students,” Tanjusay said.

He said they will finalize the amount for their new wage petition by October during the anniversary date of the implementation of Wage Order No. NCR-18, which raised the minimum wage rates in Metro Manila to P429 to P466.

The previous wage rate in NCR was P399 to P436.

“We are preparing our wage increase petition. We are also trying to improve our lobby efforts to get a significant amount from the wage board,” Tanjusay said.

Last year, TUCP filed an P85 wage petition at the Regional Tripartite Wage and Productivity Board of the National Capital Region (RTWPB-NCR).

DoLE-NCR director and RTWPB-NCR chairperson Alex Avila said they will wait for the new wage petition before they begin processing a new wage hike in Metro Manila.

Under the wage rules, regional wage boards could only process a new wage petition after the anniversary date of its previous wage order.

“As of now, the Board has not yet received any new petition,” Avila said. - by Samuel Medenilla - Manila Bulletin

DOLE backs raising tax exemption on bonuses

The Department of Labor and Employment (DOLE) and labor groups aired support yesterday for pending legislation seeking to raise tax exemption cap of bonuses of  employees from P30,000 to P70,000.

In an interview, Labor and Employment Secretary Rosalinda Baldoz said the measure would help workers cope with the rising price of basic goods and services.

“We support the bill itself since it would mean more benefit for the workers,” she said.

Trade Union Congress of the Philippines (TUCP) said it will push for the passage of the bill, which will “reward” workers for their economic contributions.

“This measure such as this is very much welcome especially at this time when workers who work so hard to bring about an improved economic growth of the country gets to have a bonus,” TUCP spokesperson Alan Tanjusay said. - (Sam Medenilla) Manila Bulletin / Yahoo News