Tag Archives: John Gokongwei

[Statement] Reclaim Workers Dignity: Justice to DEU Workers

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Reclaim Workers Dignity: Justice to DEU Workers
Vigilance at Latest Tripartite Hearing Stressed

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Members of Digitel Employees Union (DEU) are currently engaged in a labor dispute against the telecommunication giant PLDT/DIGITEL, the outcome of which may redefine the enjoyment of labor rights of workers everywhere.

It has been forty two (42) days since April 10 that ninety three (93) members of DEU launched a peaceful protest in front of PLDT Main Office at Ayala, Makati City against the closure/redundancy by DIGITEL-PLDT implemented last February 7, 2013. Thirty six (36) days back, last April 16, some members led by DEU president Alan Licardo started a Hunger Strike to highlight their protest and plight at the hands of the PLDT/DIGITEL management.

According to PLDT, the closure was because of ‘end of life’ facilities of the latter, DIGITEL, and has earned telecommunication giant PLDT, P1.5 Billion in savings. Even former owner John Gokongwei got Php 1 Billion dividend in the last quarter of 2012, while PLDT earned Php 37 Billion net profit as a result of this business coup.

Indeed, the redundancy was merely a blind to render moot the earlier Supreme Court decision issued last January 21, 2013 that would have been a fitting end to almost twenty years of struggle with management to exercise the right of DEU to collectively bargain.

It also violates the Corporation Code (sec. 80) states that: The surviving or consolidated entity must, therefore, recognize the security of tenure and length of service of the workers of the merging or consolidating corporations.

DIGITEL is not losing money and their jobs still exist. But rather than retain as regulars, workers were offered Early Retirement and Voluntary Resignation Programs (ERP/VRP) and were promised to be re-hired. Unfortunately, most of those who took a chance in availing ERP/VRP-Rehire program gave up their job security and benefits: some ended up working as contractuals under PLDT’s outsourcing companies like PeopleServe and ServeFlex; others “failed” to pass probationary employment; and, there are those who did not pass their medical tests. Only a handful got to actually work for PLDT.

These affected employees are engineers and multi-skilled technicians that come from various DIGITEL offices across Luzon, they are held hostage by this unlawful act of the management that jeopardized not only their means of livelihood but also the dreams of their children and the future of labor.

Last March 19, 2013, a WRIT OF EXECUTION was issued by Department of Labor and Employment Secretary Rosalinda Baldoz. The DOLE orders the commencement of Collective Bargaining Agreement and reinstatement of affected employees. In the meantime, PLDT-DIGITEL has continued to defy the order of the the Highest Court of the Philippines, making a mockery of the rule of law and the concept of justice.

Now there is an on-going tripartite hearing between PLDT-DIGITEL, DEU and mediated by DOLE, the workers will keep watch and be vigilant that justice for their fight be theirs and in so doing reclaim the dignity of labor, often sacrificed for profit. Their demand: give them back their regular jobs. Restore the pride and dignity of labor.

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[Statement] Reclaim Dignity of Workers.. Justice for the Braves! -DEU

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Reclaim Dignity of Workers.. Justice for the Braves!

DEU copy

Members of Digitel Employees Union (DEU) are currently engaged in a labor dispute against the telecommunication giant PLDT/DIGITEL, the outcome of which may redefine the satisfaction of labor rights to workers everywhere.

Forty two (42) days ago, last April 10, 93 members of DEU launched a peaceful protest in front of PLDT Main Office at Ayala, Makati City. They launched picket activities because after PLDT acquired DIGITEL, closure due to end-of-life facilities and redundancy greeted the workers last February 7, 2013. They were illegally terminated from their regular jobs, a stumbling block to the favorable Supreme Court decision issued with finality dated January 21, 2013 that would have been a fitting end to almost twenty years of struggle with management to exercise the right of DEU to collectively bargain.

Thirty six (36) days back, last April 16, some members led by DEU president Alan Licardo started a Hunger Strike to highlight their protest and plight at the hands of the PLDT/DIGITEL management. The PLDT/DIGITEL closure and integration to justify redundancy violates corporate law wherein the Corporation Code (sec. 80) states that: The surviving or consolidated entity must, therefore, recognize the security of tenure and length of service of the workers of the merging or consolidating corporations.

DIGITEL is not losing money, why were the employees given the boot? When in fact, former owner John Gokongwei got Php 1 Billion dividend in the last quarter of 2012, while PLDT earned Php 37 Billion net profit as a result of this business coup. Instead, regular employees were offered Early Retirement and Voluntary Resignation Programs (ERP/VRP) and were promised to be re-hired. Unfortunately, most of those who took a chance in availing ERP/VRP-Rehire program gave up their job security and benefits: some ended up working as contractuals under PLDT’s outsourcing companies like PeopleServe and ServeFlex; others “failed” to pass probationary employment; and, there are those who did not pass their medical tests. Only a handful got to actually work for PLDT.

Last March 19, 2013, a WRIT OF EXECUTION was issued by Department of Labor and Employment Secretary Rosalinda Baldoz. The DOLE orders the commencement of Collective Bargaining Agreement and reinstatement of affected employees. These affected employees are engineers and multi-skilled technicians that come from various DIGITEL offices across Luzon, they are held hostage by this unlawful act of the management that jeopardized not only their means of livelihood but also the dreams of their children and the future of labor

The brave men and women of DEU are against the mass termination, union busting and contractualization implemented by the PLDT/DIGITEL management which aims to frustrate the implementation of the SC decision and DOLE order. Their continuous defiance on the directive makes the Highest Court of the Philippines appear stupid and powerless, a mockery on the idea of rule of law and justice.

In the face of these challenges, the DEU members are determined and committed in continuing the struggle that has earned them 25 favorable court decisions in a span of nine (9) years. Sadly, all these legal wins seem to have no bearing on an influential and rich company like PLDT.

Digitel workers deserve respect, their labor and human rights must never be sacrificed for the need of profit. Give them back their regular jobs. Restore the pride and dignity of labor.##

FOR REFERENCE:

Alan Licardo – President – 09225375689
Fritz Alzuelo – Vice President – 09225342986

Blogsite: digitelemployeesunion.wordpress.com/
Email: digitel.employees.union@gmail.com
Twitter: @DEUbraves or twitter.com/DEUbraves
Youtube: http://www.youtube.com/DEUBraves
Facebook: https://www.facebook.com/groups/digitelemployeesunion/
Petition Site: http://www.thepetitionsite.com/405/755/620/digitel-employees-union-fights-for-its-labor-rights/

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[Statement] Pahayag ng Digitel Employees Union (DEU)

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Pahayag ng Digitel Employees Union (DEU)

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Ayaw namin sa ERP-Rehire, lalong AYAW namin sa SARA-Tanggal!
Integrate and ABSORB Digitel employees – YES!
… at pasimulan ang CBA nego – Ito ang aming GUSTO! Now na!!

Pebrero 2013, wala pang isang taon matapos mabili ng PLDT ang Digitel, ini anunsyo ng PLDT ang pagsasara ng Digitel upang isanib ang operasyon nito sa PLDT! Ang mga empleyado ng Digitel ay pinag a avail ng Voluntary Retirement Program (VRP) Early Retirement Program (ERP) bilang kondisyon para mabayaran ng 190-250% separation pay at may prayoridad daw na ma “re-hire”. Ang di mag a avail ay i- re redundant at ang bayad sa separation pay na ayon na lang sa isinasaad ng batas.

Pagsasara at pagtatanggal upang palitan ang mga regular na manggagawa ng kontraktwal, mula sa dating tuwirang empleyado ay itatalaga at o mula sa outsourcing o manpower agencies. Labag ito sa karapatan ng mga manggagawa na ginagarantiyahan ng batas . Labag din ito sa DESISYON/ RESOLUSYON ng Korte Suprema . Salungat din ito maging sa batas ng korporasyon , na nagsasabing mananagutan sa mga empleyado ng biniling kumpanya ang bumiling kompanya.

Trabaho hindi bayad o mag VRP/ERP. Bakit ba kailangan pang mag VRP/ERP bago i re-hire ng PLDT? Bakit tatanggalin ang mga manggagawang gusto pang manatili sa trabaho para palitan ng mga (dating) manggagagawa ng outsourcing company.

Mga kaganapan bago ang pagbili ng PLDT sa Digitel.

Bago ang pagbili ng PLDT sa Digitel – sunod sunod ang pagkatalo ng Digitel manedsment sa mga kasong isinampa ng Digitel Employees Union (DEU) sa DOLE, NLRC, Court of Appeal hanggang Supreme Court. Sa ganitong kondisyon umentra ang PLDT para “bilihin” ang Digitel kapalit ng 12% shareholding sa PLDT Holding pabor sa DJ Summit Holdings na siya ring may-ari ng Digitel na pag-aari din ni John Gokongwei.

Matapos ang “bilihan” / shareholdings swapping, hindi nagpatumpik tumpik ang PLDT – ipinagpatuloy nito ang Voluntary Resignation Program (VRP) /Early Retirement Program (ERP) na napasimulan na ng Digitel. Nauna dito ang serye ng Mass Lay off – una ay noong Marso 2005, sinundan noong taong 2007, 2008 upang makaiwas daw sa pagkalugi. Mass Lay off naman noong 2010, dahil umano sa restructuring program ng Digitel. Hanggang maganap ang “bentahan” noong taong 2011, ang kakatwa walang taon sa panahong nagtanggal na nalugi ang Digitel. Samantala matapos “ibenta” / sharewap ay nakakuha ng P1Billion na dibedendo sa PLDT si Gokongwei na may ari ng Digitel noong huling kwarto ng taong 2012 na di pa nangyari sa kasaysayan ng Digitel.

Oktubre 8, 2012, sa wakas bumaba na ang DESISYON ng Supreme Court – inayunan nito ang mga naunang DESISYON ng DOLE Secretary, NLRC at Court of Appeal na nagsasabing;

1. For Digitel to Commence CBA negotiation with the union. The pendency of a petition for cancellation of union registration does not preclude collective bargaining.
2. Affected workers be reinstated and with full pay full back wages for –
Digiserv is a labor-only contractor and or just one department of Digitel thus; affected workers due to its closure were illegally dismissed,
3. Pay each affected employees P10,000 moral damages and P5,000 exemplary damages for finding DIGITEL guilty of Unfair Labor Practice for – closure of Digiserve and replace it with I-tech andl dismissal of affected employees mostly union members and officers is illegal and done in bad faith; also violation of the Assumption Jurisdiction Order, .

Sa halip na ipatupad ang DESISYON – na makipagnegosasyon sa unyon at ibalik ang mga apektado/tinanggal na empleyado, tuwirang sinalungat ng Digitel/PLDT ang Kautusan ng Korte Suprema at Writ of Execution ng DOLE Secretary. Ikinatwiran ng Digitel/PLDT wala ng dahilan para makipagnegosasyon pa siya dahil wala ng manggagagawa ang DIGITEL.

Paninindigan ng mga manggagawa ng Digitel – una; i absorb ng PLDT ang mga empleyado ng Digitel at pasimulan na ang CBA negotiation. ikalawa; kung ini-integrate ang operayon ng Digitel sa PLDT, dapat I absorb ang mga empleyado, pangatlo; gusto pa nilang patuloy na magtrabaho at hindi sila nag avail ng ERP/Redundancy, pang-apat; hindi naman totoong nawala ang trabaho na ginagampanan ng mga tinatanggal bagkus pinalitan lamang sila ng kontraktwal.

Pagsusuri ng DEU; Voluntary o Early Retirement, Clossure at integration ng operation- maniobra at palusot para iwasan ang DESISYON ng Korte – kasi po kapag kusang nagresign o nag avail ng early retirement … tapos na ang kwento ng mga nagawang paglabag sa batas o pagyurak sa karapatan ng mga manggagawa (ULP). Ang closure integration naman ay iskema para lusawin ang Unyon at palitan ng kontraktwal ang mga regular na empleyado ng Digitel.

Ang pinakahuli ay ang lantarang pagsuway sa DESISYON at KAUTUSAN ng Korte Suprema at Writ of Execution na ipinag uutos ng Secretary of Labor.

Batid naming mabigat ang labang ito sa dalawang dambuhalang kompanya – DIGITEL at PLDT ! Kung kaya kami po ay umaapela sa kapwa namin kamanggagawa at sa mamamayan na kami ay inyong tulungan at samahan sa labang ito.

Retire/Resign – REHIRE, No Way!!!
Pagsasara at Digitel Integration of operation sa PLDT,
Pwede basta mga empleyado isama sa integration at ‘di redundancy!
Tama na ang mga palusot at maniobra !
DEU kilalanin na, CBA Negotiation simulan na, Now na !

Digitel Employees Union (DEU)
Manggagawa para sa Kalayaan ng Bayan (MAKABAYAN)

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Appeal] Support DIGITEL workers’ rights!

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Dear fellow workers and Concerned Citizens,

We, the surviving Digitel employees are now embattled with latest move of DIGITEL /PLDT for “permanent closure”, allegedly due to the integration with PLDT. Notices of Redundancy with different dates were served to employees referring to management bulletin dated February 07, 2013 , just two weeks after issuance of the final Supreme Court decision dated January 21, 2013. The Decision affirmed the DOLE Secretary and the National Labor Relations Commission’s 2006 as follows;

1. For Digitel to Commence CBA negotiation with the union. The pendency of a petition for cancellation of union registration does not preclude collective bargaining.
2. Affected workers be reinstated and with full pay full back wages for –
Digiserv is a labor-only contractor and or just one department of Digitel thus; affected workers due to its closure were illegally dismissed,
3. Pay each affected employees P10,000 moral damages and P5,000 exemplary damages for finding DIGITEL guilty of Unfair Labor Practice for – bad faith in closure of Digiserve and replace it with I-tech; illegal dismissal of affected employees mostly union members and officers; and in violation of the Assumption Jurisdiction Order.

We expects that the said Supreme Court DECISION will bring us hope that our 19 years of struggles will be rewarded with success, yet we found it’s not going this way.

The Digitel/PLDT move similarly situated to the action of Digitel in this very case when it lay-off around 100 operators (close down Digiserve one of its department and put up I-tech to take the jobs of laid off employees ).

It makes sound sense for corporate greed to rid the union and regular workers and fill the company with contractuals who would work for much less!

To defend themselves, the union filed four Notices of Strike (NOS) that was slapped by the Labor Department with an Assumption Jurisdiction every time before the end of the cooling- off period.

Last March 18-21, 2013, we staged four day picket in front of DOLE and thereafter up to present staged synchronize protest picket in at least 6 regional business units from Northern Luzon to Bicol Region. This pushed Labor Secretary Rosalinda Baldoz to issue an order granting the Motion for Issuance of Execution and a Writ of Execution.

Now, the Digitel made a manifestation before DOLE Secretary’s Office that it will not negotiated as DECISION was already overtaken by supervening event – closure, integration of Digitel operation to PLDT.

Clearly the Digitel/PLDT move towards redundancy and closure is a blind move to avoid the responsibility of negotiating with the workers and replace regular workers with contractuals.

Hunger Strike is our last recourse if DOLE and Court will not push the decision to fruition, especially with telecomm giant Digitel/PLDT bent on choking the life out of the union and mangling the law to unrecognizability. Our experience also reveals that we have nowhere to go under the system, as concerned authorities on their part are just watching until their decision turn to a mere scrap.

Our case maybe a rare land mark decision that maybe useful for your/our struggle against contractualization. However we will be frank enough to say that our own strength do not match with the two (2) Telecom Titans to give lives and blood to this DECISION we call as an opportunity to combat contractualization and capitalists grand scheme in trampling the constitutionally guaranteed rights and stepping on against the Order of the highest court of the land.

In this regard, we are appealing before your office to take whatever actions you can take that may help us our demand to stop Digitel/PLDT breaking the laws and court order, that will encourage chaos. This contravene to our President marching line — Tuwid na Daan…

Help us expose the fact that the move towards redundancy and closure is a blind to avoid the responsibility of negotiating with the workers and replace regular workers with contractuals.
• Closure, Integration of operation to PLDT – Redundancy cum (ERP) Retire – Rehire No Way!
• Absorb Digitel employees in the Integration of Digitel Operation to PLDT
• Negotiate CBA with the DEU immediately, without further delay!

Yes to YOUR Support!
 Circulate this information through your networks
 Write a letter in behalf of your organization or union to Mr. John Gokongwei of Digitel/JG Summit – 16th Flr Cybergate Tower 3, Robinson Pioneer Complex, Pioneer St. Mandaluyong City Phils., and Mr. Manny Pangilinan of PLDT at Ramon Cojuangco Building,Makati Avenue corner Ayala Avenue,Makati City,Philippines, Hon. Rosalinda Baldoz – DOLE Secretary Muralla St. corner Juan Luna St., Hon. Cong Sonny Belmonte – Speaker of the House of Representative, Batasan Compound : Digitel Employees Union (DEU) and Communication Workers of the Philippines (CWP) at # 22 Libertad St. Mandaluyong City.
 Hear us Out – Organize forums and we will come and speak whether in person or virtually (through skype or phone-patch)

 Support – We are also in need of support – financial, materials and moral support as well.

In Solidarity,
ALAN LICARDO
DEU – President

Contact persons: For DEU – Alan Licardo – President – 09225375689 and Fritz Azuelo – VP – 09225342986
: For MAKABAYAN Sect.- Tony Reyes -09237044885 and Joy Tacadena
Email – makabayan2003@yahoo.com or 2003makabayan@gmail.com
Blogsite: http://digitelemployeesunion.wordpress.com/

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Press Release] PM slams richest Filipinos as kings of contractualization

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In reaction to the news about the richest Filipinos on the Forbes list of billionaires, the militant Partido ng Manggagawa (PM) called the top three—Henry Sy, Lucio Tan and John Gokongwei—as “kings of contractualization.” Renato Magtubo, PM national chair, argued that “While Forbes asserts that the booming stock market has increased the wealth of the richest Filipinos, we believe that their base income is the windfall profit from contractualization. Their flagship companies, SM of Henry Sy, Philippine Airlines (PAL) of Lucio Tan and Robinsons Malls of Gokongwei, are well-known as exponents of contractual employment and labor outsourcing.”

Gerry Rivera, president of the Philippine Airlines Employees’ Association (PALEA) and vice chair of PM, stated that Tan has become the second wealthiest Filipino by outsourcing and other violations of labor rights. “Despite the bountiful fruits of production, Lucio Tan as owner of PAL refuses to share with his workers through a collective bargaining agreement (CBA) and plans to squeeze even more profit from employees through contractualization,” he declared.

“As these rich Filipinos grow fat from contractualization, workers wages and benefits are getting thin in proportion,” insisted Magtubo. Magtubo and Rivera both called on President Benigno Aquino III to support the security of tenure (SOT) bill pending in Congress in his forthcoming State of the Nation speech.

PM and PALEA are supporting the bill that seeks to regulate the rampant practice of contractual employment and promises to be as controversial as the RH bill once it is tabled for plenary debates. The SOT bill has been passed by the House Labor Committee and is due to be scheduled for second reading in Congress.

Rivera added that “But $2.8 billion in wealth is not enough for Lucio Tan. The mother of all outsourcing scheme is in the offing, with 2,600 employees to be laidoff and made contractuals in SkyLogistics and SkyKitchen which are owned by Manny Osmena but, as journalist Raissa Robles pointed out in her expose, is just fronting for Lucio Tan. Further PAL wants an indefinite CBA moratorium on top of the 12-year suspension in negotiations. So while PAL workers have not been able to improve their wages and benefits via a new CBA, Lucio Tan’s pockets have been bulging.”

“All through the years that PAL was losing, Lucio Tan has been getting richer. His get-rich-quick formula is nothing else but to cheapen labor costs by outsourcing the profitable units of PAL to third-party providers, such as Lufthansa Technik and MacroAsia, in which he has a stake,” Rivera explained.

Press Release
June 24, 2011
Partido ng Manggagawa