Bill allowing foreigners to join unions passed on 2nd reading

MANILA, Philippines - The House of Representatives has approved on second reading a bill, allowing foreign individuals or organizations to join trade unions in the Philippines.

"The measure shall promote the solidarity of workers and their organizations, whether inside or outside the country, or both," Davao City Rep. Karlo Alexei Nograles, chairman of the sponsoring Committee on Labor and Employment said.

On the other hand, TUCP partylist Rep. Raymond Democrito Mendoza, author of House Bill 5886, said the Philippines should adhere to the principle of equal treatment of migrant workers and national workers as regards to trade union membership and collective bargaining.

The bill seeks to amend Presidential Decree 442 or the Labor Code of the Philippines.

"The right to self-organization is a universal human and worker's right. The Philippines recognizes the right to self-organization, with the ratification of ILO (International Labor Organization) Convention No. 87 on Freedom of Association," Mendoza said.

Under the measure, all aliens, natural or juridical, as well as foreign organizations with valid permits issued by the Department of Labor and Employment (DOLE), may engage directly or indirectly in all forms of trade union activities but only through normal contacts between Philippine labor unions and recognized international labor centers.

Foreign workers in the country with valid permits issued by the DOLE may exercise the right to self-organization and join or assist labor organizations of their own choice for purposes of collective bargaining.

The bill also provides that foreign individuals, organizations or entities may give donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities. - By Dennis Carcamo (philstar.com)

Solon seeks additional separation pay for employees terminated due to disease

TUCP Party-List Rep. Raymond Democrito Mendoza has filed a bill seeking to increase the separation pay of employees terminated due to disease.

House Bill 2548 amends Article 284 of Presidential Decree 442, otherwise known as the Labor Code of the Philippines.

Mendoza sought the increase as he stressed that employees terminated due to disease must be treated with compassion for they may never be able to find gainful employment again.

The Labor Code of the Philippines or Presidential Decree 442 as amended, lists and limits the authorized causes for employment termination.

Article 283 of PD 442 allows employer to terminate employment or reduce the total number of personnel due to installation of labor saving devices, redundancy, and retrenchment to prevent losses, and cessation of operations or closure of the establishment. Article 284 of PD 442, on the other hand, allows termination on the grounds of disease.

"In all instances of authorized causes of termination, the separation pay ranges from payment of half month to one month salary for every year of service," Mendoza said.

"It is the policy of the State to afford full protection to labor and continuously endeavor to provide for security of tenure to workers and ameliorate the welfare of those who have been removed from employment for causes other than their own fault," Mendoza added.

The measure seeks the increase of separation pay of employees terminated due to disease, from one month's salary or one-half month salary for every year of service, to the equivalent of at least six months salary or two months salary for every year of service, whichever is greater.

Also, the bill institutionalizes the issuance of a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of six months even with proper medical treatment before an employee can be terminated for the disease.

The measure also mandates that should the employee terminated due to sickness regain his health, he shall be entitled to reinstatement to his or her former position without loss of seniority.

Solon seeks increased separation pay for employees terminated due to disease

A lawmaker is seeking an increase of separation pay of workers given the pink slip due to sickness.

Rep. Raymond Democrito C. Mendoza (Party-list, TUCP) said employees terminated due to disease should be treated with compassion and differently from other causes.

"The reason is obvious. An employee terminated due to such a disease will no longer be able to find gainful employment as compared to those who were terminated due o redundancy and related causes," Mendoza said.

Mendoza cited Article 283 of the Labor Code of the Philippines which states that the employer may terminate employment or reduce the total number of personnel due to installation of labor saving devices, among others.

"On the other hand, Article 284 of the Labor Code of the Philippines or Presidential Decree No. 442 allows termination on the ground of disease," he said.

Mendoza said in all the said instances of authorized causes of termination, the separation pay ranges from payment of half (1/2) month to one-month salary for every year of service.

House Bill 893 seeks the increase of separation pay of employees terminated due to disease to at least six months salary or two months salary for every year of service, whichever is greater.

Likewise, the bill institutionalizes the issuance of a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of six months even with proper medical treatment before an employee can be terminated for this cause.

The bill further mandates that should the employee terminated on such ground regain his health, he shall be entitled to his former position without loss of seniority. - Ma. Victoria I. Palomar, Media Relations Service