DO30 in Breach of DU30’s Campaign Promise, Workers’ Reiterate Call to End all Forms of Contractualization

President Duterte made these pledge before the Filipino people when he was campaigning for the Presidency:

"The moment I assume the Presidency, contractualization will stop. They have to stop it."

"What I will do is call the Speaker and the Senate President after their elections and everybody, may constitution na doon, internal, then I will call on mostly the majority, mga Liberal congressmen, you pass this bill immediately. Senate, sabihin ko, I need it first week of my administration."

And he stood firm and stubborn in pushing for this platform upon assumption to office, up to the point of threatening big companies to close their plants if they don't comply.

"You will not just lose money, you will also lose pants. No tolerance ako dito, ito ang pangako ko sa tao. Stop contractualization. It will not do good to our country. Huwag na ninyong hintayin na mahuli kayo ni Sec. Bello. Kapag nalaman ko, I will simply close your plant and I can find a thousand reason to do it.

He even threatened to shot businessmen who practice endo or contractualization.

"I am warning you, you choose: stop contractualization or I will kill you. You know why… I am the President. I am here. I have immunity."

Many people may have been accustomed to President Duterte's use of hyperbole in driving a point. But for workers, the epidemic of contractualization has really gone out of proportion – a plague that warrants absolute containment in order to save the present and future generation of workers, the women and the youth.

Zero tolerance, therefore, is the correct and strategic policy change to pursue.

Now, is the impending issuance of Department Order No. 30 (DO30) in line with the early pronouncements of the President and in accordance with workers' unanimous demand to end all forms of contractualization? NO!

DO30 falls short of what has been promised by DU30. It will only perpetuate contractualization. No wonder that the employers and the manning agencies are celebrating it!

Workers do not deserve this odious holiday and year-ender present from the government.

In digest, the new DO simply simulated in new fashion the framework of recognizing trilateral employment relations. It perpetuates the failed logic of regulation which, during the last several decades, has allowed and legitimized the business of labor contractualization done in many ways and in different forms.

This has to stop. The perpetuation of trilateral employment relation, which DO30 continues to recognize in the form of job/service contracting of specialized, project and seasonal jobs, is more of a system upgrade rather than a change in the policy itself. Hence, we denounce it as UNACCEPTABLE.

Ayaw namin ng mga middleman, sa anyo ng mga agency at cooperative, na ginagawang negosyo ang pangangalakal ng aming lakas paggawa. Nais namin ay DIRECT HIRING at ipagbawal ang FIXED-TERM employment.

Thus, if the President was really true to his campaign promise and to the commitment he made to end contractualization upon his assumption to office, we call on him to set aside DO30 for reasons cited above, notwithstanding its failure to secure acceptance from labor groups as well as endorsement from the National Tripartite Industrial Peace Council (TIPC).

We request that the President hold a personal dialogue with labor leaders to exchange ideas on how to really end endo. And in the meantime, in the absence of a new DO or a new law, the President should likewise consider issuing an Executive Order that expressly prohibits all forms of contractualization, or certify as an urgent administration measure the enactment of HB 4444 (Mendoza, TUCP PL) that seeks to prohibit and criminalize contractualization.

Matatapos na ang taong 2016 sa susunod na dalawang araw. Ang kontraktwalisasyon kailan pa ba magwawakas?

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)

TUCP nominee takes oath as new House member

TUCP Rep. Raymond Democrito Mendoza

The nominee of the Trade Union Congress of the Philippines (TUCP) party-list on Wednesday took his oath as the latest member of the House of Representatives.

During the day's plenary session, Majority Floor Leader Rodolfo Fariñas informed the chamber of its receipt of a Commission on Elections certificate of proclamation issued October 3, 2016, declaring the TUCP as a winner in last May 9's party-list elections.

House Speaker Pantaleon Alvarez then called up TUCP nominee Raymond Democrito Mendoza to take his oath of office.

Mendoza, who is from Barangay Poblacion in Liloan, Cebu, becomes the 295th name to be added to the roll of members of the House of Representatives. He was surrounded by fellow congressmen from Cebu province during the oath-taking. — Mark Merueñas/KBK, GMA News

High time for PH to end wage-regionalization and wage-setting at barest minimum rate

File photo

TO REALIZE the national vision of every Filipino living a life of dignity and enjoying quality standard of living as a matter of right, the 1987 Constitution directed the State to provide labor full protection and ensure the right of workers and their families to a living wage.

Regrettably, from the time the Constitution was ratified up to the present, the issue on living wage has never been addressed; one administration after the other deviated instead toward “wage-regionalization.” This consequently created wide gaps in wage levels all over the country.

Meanwhile, the wage-setting practice drifted toward containing the wages to the barest minimum, seeking the lowest level of balance in every region where the market clearing price of labor was primarily determined on the basis of employer’s capacity to pay rather than on the worker’s right to a living wage. The same problem exists in the public sector despite the salary standardization program.

This has created the condition for chronic poverty in the country, which has further deepened inequality as millions of workers are consigned to sustaining their families on wages that can hardly meet even half of the daily cost of living.

We, at Nagkaisa—a coalition of 47 labor federations, workers organizations in the private and public sectors, and urban and peasant groups—therefore, welcome the current administration’s plan to nationalize minimum wage, as announced recently by Labor Secretary Silvestre Bello. Indeed, there clearly is a need to rectify the deformed policy of regionalizing minimum wages.

However, a major government pronouncement remains a propaganda if left without form at the policy level. That, certainly, is what happened to the living wage principle that has lain lifeless in the Constitution for the last three decades. But with the new administration’s pledge to rectify the errors of previous administrations, Nagkaisa and the government can work together in achieving our common goal of stopping contractualization and realizing the living wage.

At this point, Nagkaisa gladly presumes that the Duterte administration remains committed to the principle of living wage and that its planned nationalization of minimum wage will ultimately lead to the realization of this goal. Workers, in the first place, deserve not a minimum wage but a fair share in the product of their labor.

Hence, encouraged by the announcement of Secretary Bello, Nagkaisa calls on Malacañang to issue an order directing all regional wage boards to set a uniform minimum wage based on the Metro Manila rate. At the same time, we call on President Duterte to certify as urgent a bill seeking the same and the repeal of the existing Wage Rationalization Act.

Nagkaisa also calls for a uniform application and implementation of the Salary Standardization Law among all local government units. Nagkaisa strongly believes in the principle of equal pay for equal work and work of equal value, not just for private sector workers but also for government employees who are in the same bind.

It is high time the Philippines ended wage-regionalization and -setting at the barest minimum. Nagkaisa believes this can be done, especially with government treating the labor movement as its main partner in this enormous reform endeavor.

—NAGKAISA (47 labor federations and workers organizations both in the private and public sectors) - By @inquirerdotnet