Showing posts with label Security of Tenure. Show all posts
Showing posts with label Security of Tenure. Show all posts

Wednesday, October 15, 2014

Peace panels to create team to oversee ARMM-Bangsamoro transition

The peace panels of the government and the Moro Islamic Liberation Front (MILF) are putting together a team that would coordinate preparations for the smooth transition of government functions from the Autonomous Region in Muslim Mindanao (ARMM) to the Bangsamoro Transition Authority (BTA).

In a press statement, government peace panel head Miriam Coronel-Ferrer said the creation of the composite team was agreed upon during the three-day meeting held in Kuala Lumpur, Malaysia last September 27 to 29. She said the team will be in charge of all the preparations in anticipation of the passage of the Bangsamoro Basic Law (BBL) by Congress and its subsequent ratification through a plebiscite.

“The composite team will be made up of members coming from the central and ARMM governments and the MILF,” Ferrer said.

“The terms of reference of said composite team is being drafted and is expected to be signed soon,” she added.

Job loss fears to be addressed

Ferrer said that among the supposed functions of the composite team is to address the concerns of thousands of ARMM employees who might get affected by the transition.

“The Civil Service Commission and other relevant agencies will be consulted to ensure a smooth transition,” Ferrer said.

The Trade Union Congress of the Philippines (TUCP)-Nagkaisa had earlier estimated that about 24,000 government workers in the ARMM might lose their jobs once the region is dissolved and replaced by the Bangsamoro government.

The TUCP-Nagkaisa said the Civil Service Commission (CSC) should make sure that the existing workforce will be integrated into the new Bangsamoro government through "lateral transfer and merit-based integration."

Presidential Adviser on the Peace Process Teresita Quintos Deles said that civil service rules will be followed and civil service eligibilities and entitlements of ARMM employees will be respected during the transition phase.

“We imagine that there may be some reorganization of the governmental structures in consonance with the proposed ministerial form [of government of the Bangsamoro],” Deles said, emphasizing that, “certainly in doing that, there will be a clear plan, separation benefits if necessary.”

“We’ll follow the laws of the land. Certainly to those who have civil service eligibility, we’ll have different options open to them such as being transferred to another area or by choice, being separated with due compensation. This will all undergo due process,” Deles said.

Deles added that the transition process will only begin once the BBL is passed and ratified in a plebiscite.

BTA interim government

The BBL will serve as the legal basis for the creation of the Bangsamoro juridical entity that will replace the ARMM.

Under the Comprehensive Agreement of the Bangsamoro (CAB) signed between the government and the MILF last March, the BTA shall serve as the interim government prior to the establishment of the Bangsamoro government and the assumption of its elected leaders in 2016.

According to the Office of the Presidential Adviser on the Peace Process (OPPAP), aside from the creation of the composite team, both panels have recently formalized the bodies and mechanisms that will roll out the normalization plans stated under the CAB.

These bodies include the Independent Decommissioning Body (IDB), which shall oversee the decommissioning of firearms of MILF combatants; the Joint Normalization Body (JNC), which shall coordinate the different normalization processes and mechanisms; and the Transitional Justice and Reconciliation Commission (TJRC) which, under the CAB, “shall study and recommend the appropriate mechanisms to address legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations through land dispossession.” — Elizabeth Marcelo/BM, GMA News

Monday, October 13, 2014

Massive displacement of local, foreign workers seen next year

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MANILA, Philippines - Many workers here and abroad are expected to be displaced next year, labor groups and recruitment industry officials warned the national government yesterday.

The Trade Union Congress of the Philippines (TUCP) said about 24,000 local government employees are expected to lose their jobs with the setting up of Bangsamoro Transition Council next year.

“Workers employed in municipalities, cities, provincial and regional offices will be displaced once the Autonomous Region in Muslim Mindanao is dissolved and taken over by the Bangsamoro Transition Council,” said TUCP executive director Louie Corral.

He said the 24,000 workers are the largest number of employees to be affected as the new Bangsamoro government becomes operational.

The government, Corral said, has the primary responsibility to provide safety nets for these workers who had been serving the bureaucracy quietly.

Corral said the Aquino government apparently has no preparation in place for the impending displacement of government employees.

He called on the Civil Service Commission (CSC) to step in and take the necessary course of action.

“We are wondering why the commission has no preparations towards one of very important elements of the transition issue,” TUCP official Gerard Seno said.

Seno said the CSC should ensure that the affected workers would be integrated into the new Bangsamoro government using lateral transfer and merit-based integration rather than leaving their fate to circumstance.

Also yesterday, officials of the job placement industry reported that close to 4,000 Filipino workers employed in US bases in Afghanistan are also expected to be displaced.

Recruitment officials said thousands of overseas Filipino workers are likely to be affected by the impending pullout of US troops from Afghanistan by the end of the year.

They said about 4,000 Filipinos are still working in Bagram Air Base and Kandahar Airfield and only around a thousand will be retained for maintenance of the military facilities.

Some of the workers are expected to return home starting November as their companies closed down after losing bids to supply logistics to the US forces.

But the workers are hoping that they will still be needed by international contractors hired by the US government, the recruitment officials said. - By Mayen Jaymalin (The Philippine Star)

Concerns over possible dislocation of ARMM workers

Labour confederation says 24,000 government workers in Mindanao would be left jobless once a new body takes over from ARMM

Manila: A labour confederation has expressed fears that some 24,000 government workers in Mindanao would be left jobless once a new body takes over from the administration of the Autonomous Region in Muslim Mindanao (ARMM).
During a recent House of Representatives committee deliberation on the provisions on the proposed Bangsamoro Law, officials of the civil service commission admitted to Rep. Raymond Mendoza of the Trade Union Congress of the Philippines (TUCP) Party list they have not made any plans concerning possible dislocation of workers once an administration for the envisioned self-rule region steps in.

“The labour centre expresses concern over the unknown fate of these workers who would be dislodged once the Bangsamoro law takes effect. We call on the civil service commission to step in and take the necessary course of action. We are wondering why the commission has no preparations towards one of the very important elements of the transition issue,” Gerard Seno, executive vice president of the Associated Labour Unions (ALU) said.

Government and the Moro Islamic Liberation Front had largely focused on the political and economic aspects of the planned Bangsamoro — a self-sustaining self-rule region envisioned to be comprised by Muslim dominated areas in Central and Western Mindanao. Authorities had all but completely ignored or had forgotten about the government workers who would be left without jobs once the transition starts.

It can be recalled that in March this year, the government and the Moro Islamic Liberation Front (MILF) signed a peace agreement, ending more than two decades of conflict with the Christian-dominated central government in Manila.

According to Seno, the labour group is proposing the civil service commission oversee transition matters pertaining to the labour sector and ensure the workforce to be integrated into the new Bangsamoro government would consider absorbing those currently employed in ARMM, with a merit-based integration adopted rather than leaving displaced employees to fend for themselves.

TUCP executive director Louie Corral said: “This is a significant number of public sector employees to be displaced. But the government has the primary responsibility to provide safety nets for these workers who had been serving the bureaucracy quietly. Rather than allowing these people fall through the crack, they should be integrated as they are already an asset.”

Sources said although a peace agreement had been signed between MILF and the government, it could still take several months until a new authority could be set up to replace ARMM.

The ARMM was set up during the administration of President Fidel V. Ramos as a result of the 1996 peace agreement between Moro National Liberation Front.

More than two decades after ARMM was established incumbent President Benigno Aquino III, as part of his promise to MILF, started work on dismantling ARMM which he described a “failed experiment” in self-rule. - By Gilbert P. Felongco, Correspondent Gulf News

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Group fears displacement of 2,400 ARMM gov't workers with creation of Bangsamoro

Labor group Trade Union Congress of the Philippines (TUCP)-Nagkaisa is worried that around 2,400 government employees in the Autonomous Region in Muslim Mindanao will lose their jobs once the region is dissolved and taken over by the Bangsamoro Transition Council.

In a statement, the group said the public sector workers are currently employed in municipalities, cities, provincial and regional government offices in the region.

“The labor center expresses concern over the unknown fate of these workers who will be dislodged once the Bangsamoro law takes effect,"said Gerard Seno, executive vice president of the Associated Labor Unions (ALU).

He said the Civil Service Commission should step in, adding the CSC does not seem to have prepared for "one of the very important elements of transition."

During House deliberations on the proposed Bangsamoro Basic Law chaired by TUCP Party-list Rep. Raymond Mendoza, CSC resource persons could not answer

TUCP-Nagkaisa said the CSC should make sure that the existing workforce will be integrated into the new Bangsamoro government through "lateral transfer and merit-based integration".

Meanwhile, TUCP Executive Director Louie Corral said that it is the responsibility of the government to look after the welfare of public sector workers.

"Rather than allowing these people fell through the cracks, they should be integrated because they are already an asset," he said. — JDS, GMA News

Tuesday, April 30, 2013

Protection of workers during business overhauls pushed

The country's largest organization of labor federations and unions will continue to fight for the protection of workers and the preservation of their jobs during mergers, consolidations or transfer of businesses.

Rep. Raymond Democrito Mendoza of the Trade Union Congress Party (TUCP) Party-List said, any merger, consolidation or transfer of business should not diminish the wages, benefits and other employment terms and conditions of the affected employees.

Mendoza filed House Bill 1557, which seeks to oblige the acquiring or transferee employers to continue the employment of the transferor employer's employees.
"An employment that has been zealously earned, industriously worked for, valued and treasured should be secured. Protection should extend to remunerations and benefits, with all the enhancements merited due to years of arduous service," Mendoza said.

Mendoza said the TUCP has consistently advocated, not only for job generation, but more importantly, for job protection and preservation.

"Competition among businesses has become tremendously intense that the dictum bigger is better has obtained zealous advocates the world over, including our country's multinational companies," Mendoza said.

"This is most especially true in this interesting time and age of globalization. Because of the need to become bigger and more competitive, the incidence of mergers, consolidations and acquisitions, including the sale or transfer of all or substantial assets, business enterprise has become very rampant," Mendoza said.

The problem is, Mendoza lamented, "some employers device these schemes - a corporate mechanism, not really for the purpose of obtaining competitiveness but with the end in view of violating workers' security of tenure, among other rights of employees."

"This plethora of previously unfamiliar corporate occurrences creates a trail of novel issues, such as the rights of employees and liabilities of the employers. This is when the issues of the security of tenure, diminution of wages and benefits and other employment terms and conditions come to fore," Mendoza said.

Mendoza has been strongly batting for his proposed measure saying it is the State's policy to extend utmost protection to the security of tenure, wages, benefits and other employment terms and conditions of employees in cases of merger or consolidation of the business of their employer with other entities.

The protection shall extend in case an employer acquires, transfers, sells, assigns, conveys or leases all, or substantially all assets, business enterprise or going concern to another employer or business entity.

Under the measure, the transferee employer shall have the obligation to continue the employment of the transferor employer's employees, without loss of seniority rights and other privileges.

In case of differences in the employment levels, wage and benefit scales, and other employment terms or conditions, the superior or most favorable to the employees shall prevail.

The transferor employer shall be liable to money claims pertaining to the period when the transferee employer was still the employer.

The measure also aims to limit the ground for termination of employment to redundancy and shall be liable for separation pay or other benefits as prescribed under the Labor Code.

"Plus it sets a presumption that if the transferee employer or new company becomes a bigger entity than the prior one, there can be no declaration of redundancy as the business can absorb the employee," Mendoza added.

The measure also requires the new company to give an employee declared to be redundant in a certain position first priority for employment in the newly created position, if qualified.

Finally, the measure sets out rules on recognition of existing bargaining agents and agreements, protecting not only the unions, but also the benefits worked hard for by them as embodied in the Collective Bargaining Agreements (CBA). - Jazmin S. Camero, Media Relations Service-PRIB

Tuesday, January 11, 2011

Employees' protection in merger or consolidation of businesses sought

Employees who will be affected by mergers, consolidations and acquisition of businesses need not worry about losing their jobs if a bill filed in Congress is approved.

TUCP Party-list Rep. Raymond Democrito C. Mendoza authored House Bill No. 1557, which seeks to protect the rights of the employees to security of tenure and other terms and conditions of employment in the event of mergers, consolidations and acquisitions.

Mendoza said because of globalization and the need to become bigger and better, competition among businesses has become tremendously intense.

"Mergers, consolidations and acquisitions, including the sale or transfer of all substantial assets, business enterprise have become very rampant," Mendoza said.

Employers use these devises and schemes to obtain competitiveness in the business, according to Mendoza. However, some employers utilize the same corporate mechanism to violate the rights of their employees to security of tenure, among others, he lamented.

To prevent such unscrupulous practices and to safeguard the employees concerned, the proposed measure directs the acquiring or transferee employer to continue the employment of the transferor employer's employees without loss of seniority rights and privileges.

Furthermore, it mandates that such merger, consolidation or transfer of business should not diminish the wages, benefits and other terms and conditions of employment of the affected employees.

In case of differences in the employment levels, wage and benefit scales and other employment terms or conditions, the superior or most favorable to the employees shall prevail. - Jennifer Arteche-Valenton, MRS-PRIB

Friday, August 13, 2010

Solons denounce PAL management

A lawmaker today denounced the Philippine Airlines (PAL) management for its failure to resolve the labor dispute, which was marred by the threat of PAL's labor union to go on strike in the coming days.
"The present problems of PAL are due to the fact that airline's management does not know the meaning of justice - that is, giving what is due to the PAL workers from the pilots, to the stewardesses, to the maintenance and service crews," said Rep. Raymond Democrito C. Mendoza (Party-list, TUCP).

This developed as Rep. Rafael Mariano (Party-list, Anakpawis) filed House Resolution 111 seeking an inquiry into the PAL's threat to retrench more than PAL 2,600 employees claiming that their actions are valid exercise of a management prerogative.

"It is but proper and necessary to ensure that workers be protected from illegal retrenchments which are based merely on highly questionable claims of bankruptcy," Mariano said.

Rep. Susan Yap (2nd District, Tarlac) said Congress must do its share and conduct hearings to get to the bottom of the problem.

"Our country has yet to recover from the losses experienced last year due to natural disasters. The country cannot afford this man-made disaster at this time," Yap said.

"We must find a quick solution to this dispute so as to address more losses that our economy may suffer. We must also look into possible measure that would help avoid these kinds of scenarios in the future," Yap said.

Yap said talks between PAL management and its employees must be pushed. "The government must step into the dispute because it already incurred, and continuous to incur a negative impact in our tourism and national economy," Yap said.

In a related development, Reps. Rufus Rodriguez (Lone District, Cagayan de Oro City) and Maximo Rodriguez, Jr. (Party-list, Abante Mindanao) have filed a bill protecting the security of tenure of employees.

The bill will expand the definition of regular employees to include those who have rendered at least one year of service, whether continuous or broken and whether or not the service is usually necessary or desirable in the usual trade/business of the employer.

"The PAL problem is based on the fact that usual and necessary positions in PAL are now being contractualized. We should protect our workers from being dismissed because they are given or made them contractual workers," Rodriguez said.

"You cannot prolong the contractualization if the position is usual and necessary in the course of business. But contractualization has been done in so many companies to save money for the employers," Rodriguez said.

"Under the law, you become regular after you have rendered six months of duty and become entitled to the privileges of regular employees. But then it's been circumvented," Rodriguez said. - Jasmin S. Camero, MRS-PRIB

Friday, March 12, 2010

Solon pushes for one year probationary period for professors of private schools

A lawmaker has proposed that the probationary period for private school instructors be limited to one school year to prevent them from being abused during said try-out period.

TUCP Party-list Rep. Raymond Democrito C. Mendoza said the probationary period for academic personnel of private schools is being abused which put these instructors at a disadvantage over other workers due to the high qualification requirement for their job.

Mendoza said the probationary period of employment has been abused to circumvent the Labor Code provisions on probationary employment and security of tenure, among other things.
"There are numerous instances of abuses of the probation period to circumvent the labor Code. The probationary period for private school personnel has also been a long standing issue," said Mendoza.

Mendoza pointed out that the nature of work of academic personnel in private schools and the high qualifications required for the practice of their profession have put them at a disadvantage and peculiar position relative to other workers.

"This situation should not detract from the fact that private school academic personnel have already devoted so many years of preparations for work, including at least four years of college studies, trainings and many seminars," Mendoza said.

Mendoza said work arrangements of said school personnel, while being responsive to the requirements of the school environment, should also be in balance with humane terms and conditions of employment.

"Work arrangements of said school personnel should contribute to decent work where workers and their families should be able to live with dignity and improved quality of life," Mendoza said.

In House Bill 7015, Mendoza proposed that the probationary period for academic personnel in private schools shall not exceed the equivalent of one school year from their first day of service. - Isagani C. Yambot Jr., MRS-PRIB