Tag Archives: Labor

[Statement] Sad day for Press Freedom — Nagkaisa

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Sad day for Press Freedom — Nagkaisa

Nagkaisa Labor Coalition is enraged and gravely concerned with the conviction of administration critic Maria Ressa and his former news staff Reynaldo Santos for Cyber libel.

The article subject of the charges not only involved a private individual allegedly defamed but matters of public concerns. Matters involving one of the richest businessmen in the country, a high member of the highest court and some criminal shenanigans — which data were obtained from the intelligence community.

To expose them is not only the right of a journalist but also the right of the public to receive and evaluate.

The decision failed to consider that criminal law has no retroactive effect. The law on anti-cyber libel was not yet enacted at the time the subject article was published in 2012. The publication was a few months before the effectivity of Cyber-libel law. Thus, no one can be convicted of cybercrime when there is yet no law punishing it at the time of publication.

The prosecutors’ contention that a supposedly “republished” version of the story in February 2014 is covered by the law is doubtful and unconvincing to hold on. The defense had a credible witness who rebutted the theory of “republication”. As part of the editorial team, she categorically pointed to the fact that the change made to the story in 2014 was merely a clerical or “spelling correction.” On this ground alone, as there is reason to doubt, the defendants should have been acquitted.

Also, the decision of RTC Branch 46 of Manila is hard to fathom that it did not consider this context. More reprehensible is that its verdict goes against clearly established rules on the prescription of crimes under the Revised Penal Code and the Supreme Court, where it is clear that libel cases should be brought to the court one (1) year after its commission. Rappler’s case was filed 5 years after it was originally published, and 3 years after it was “republished”.

This decision has a chilling effect on the exercise of freedom of expression — particularly so with the impending adoption of a constitutionally infirmed anti-terror law.

This decision can be perceived as just one of the multitude of examples of how laws are being weaponized to go after perceived political opponents. It is worth reiterating that the Philippines is one of the few countries with criminal libel laws, and that the United Nations already pushed for its decriminalization as it described it as “excessive”.

And to think that the Anti-Terrorism Act has not yet been enacted into law. We can easily imagine how the said legislation would trample and disparage our rights.

Press Statement
June 15, 2020
Ref: Atty Sonny Matula
Nagkaisa Chair

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[Statement] In Response to the Threats of the PNP and the DILG -NAGKAISA

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In Response to the Threats of the PNP and the DILG

We, the people, are the authors of the Constitution.

Any law or proposal enacted by Congress which destroys or derogates our rights is not a law but an abuse of power.

It is the duty of every citizen to resist or reject such oppressive proposal as a matter of right to self-defense and defense of the rights of the people.

It is for this reason why NAGKAISA, together with the broad Anti-Terror Bill movement will hold mañanita in the streets tomorrow to press for an end to this new nightmare.

We call on the President to veto the bill and instead work on a robust economic package that would address the lack of aid and the massive job losses brought about by the Covid-19 pandemic.

#JunkTerrorBill
#SahodTrabahoKarapatanHindiTerrorBill
#PagkainTrabahoKalayaanHindiTerrorBill
#AyudaPondohanTerrorBillAtrasan
#BalikTrabahongLigtas
#JunkJIPCO
#ScrapDO213isamaLA17

NAGKAISA Press Statement
11 June 2020
Atty. Jose Sonny Matula
NAGKAISA!
Chairperson

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[Statement] Anti-Terror Bill to Worsen Plight of Workers, Labor Rights Group Says -CTUHR

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Anti-Terror Bill to Worsen Plight of Workers, Labor Rights Group Says

The Center for Trade Union and Human Rights joins the various organizations and individuals in strongly opposing the Anti-Terrorism Bill (ATB) of 2020 and the efforts of the Duterte government and his cohorts in Congress to railroad this anti-democratic bill amid the COVID-19 pandemic and the deep economic crisis that the country is experiencing. The Center believes that this proposed law is intended to be used as a weapon against activists and critics, and not just real terrorists.

“What kind of government do we have? Did they really think that the people have lost their sense of critical thinking because of hunger and will simply bow down to this kind of law? We cannot fathom how they can stomach giving priority to railroading this kind of Bill instead of focusing on significant measures to combat COVID-19, such as free mass testing,” Daisy Arago, CTUHR Executive Director said.

CTUHR believes that the Bill will result in more human rights violations instead of addressing the primary concerns of the people – healthcare, employment, food, transportation. “People are dying, losing their jobs, and are going hungry. The Department of Labor and Employment (DOLE) recently estimates that 3.2 million workers will lose their jobs because of the pandemic. And yet, you have these legislators who have the audacity to pass a law, because the President signed it as urgent,” Arago added.

The ATB, if passed into law, will repeal Republic Act 9372 or the Human Security Act of 2007. CTUHR also strongly opposed this law and called for its repeal, as it caused a drastic increase in the number of extrajudicial killings, abductions, and other human rights violations.

The House of Representatives passed the Anti-Terror Bill on its Third and Final Reading on June 3, despite the strong opposition of the people against it. A day after it was passed in the First Reading, Carlito “Karletz” Badion, Secretary-General of urban poor group Kalipunan ng Damayang Mahihirap (Kadamay) was murdered in Samar. On the day that it was passed in the Second Reading, 6 jeepney drivers and members of PISTON were arrested, as they held a peaceful protest to demand that they be allowed to resume their livelihood. These people did nothing but dissent the injustices that prevail and yet they were treated like criminals, or worse, terrorists, even without the ATB. CTUHR fears that more dissenters like them will be penalized when this proposed law is enacted.

The ATB expands the already vague definition of terrorism; forms an Anti-Terrorism Council (ATC) composed of cabinet officials with the power to order warrantless arrests; allows detention of suspects up to 24 days without a formal case; permits surveillance up to 90 days and intrudes privacy by allowing access to private communications, bank records and other personal information. It also criminalizes “inciting to terrorism” which may be abused against the people’s right to freedom of expression.

“The COVID-19 virus that disrupted our normal lives cannot be defeated by this Anti-Terror Bill. The Enhanced Community Quarantine (ECQ) coupled with the government’s incompetence have derailed the livelihood of millions of Filipinos and the economy itself. For the past 3 months, the people have relentlessly called for the urgent needs of the people amid this pandemic – free mass testing, protection of jobs and livelihood, safe workplaces and access to transportation, assistance for displaced and most vulnerable and respect for workers’ human rights. The government should focus its efforts on these aspects instead of wasting the people’s taxes on legislations that will do more harm than good.

CTUHR also expressed concern on how the ATB could be used against unionists and labor rights defenders. With the vague and broad definition of terrorism and the absolute power it gives the state forces that often figured in labor rights violations, this bill can be used against the labor movement. Organizing is already difficult now. ATB will surely make it more difficult, as workers expressing dissent even through social media can easily be tagged as terrorist activity and be penalized.

Throughout history, unionists and labor rights defenders have been perpetrated by the filing of trumped-up charges against them, red-tagging and other forms of harassment. CTUHR believes that the ATB if passed into law, will worsen the struggles of workers in pushing for their rights and demands. In fact, just a day after Congress passed the bill, streamers red-tagging the Solidarity for Workers Network in Central Luzon have been seen hanging in some streets of Bulacan and Bataan.

“The workers and the people should strengthen our solidarity in opposing this measure that is meant to curtail our rights. They have locked us down for 3 months, let us not let them lockdown our rights,” CTUHR ended.

CENTER FOR TRADE UNION AND HUMAN RIGHTS (CTUHR)
Public Information and Education Department

Visit:ctuhr.org
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MEDIA STATEMENT
04 June 2020
Reference:
Daisy Arago
CTUHR Executive Director
Tel # 0961 507 1418 / 7718 00 26

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[From the web] Remember the dead, fight for the living. Defend labor rights, uphold human dignity – LaRD-Net

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Remember the dead, fight for the living.
Defend labor rights, uphold human dignity.

Statement of the Labor Rights Defenders Network for Workers’ Memorial Day
28 April 2020

Reference:
Atty. Fudge Tajar (LaRD-Net Spokesperson)-0915 342 2304

Today, April 28, we join the annual commemoration of the International Workers’ Memorial Day — a day of international solidarity, campaigning, remembrance, and call for global action as we remember those who have lost their lives at work or from work-related injury and diseases.

Whether it is due to back-breaking working hours, quota targets, hazardous chemicals at work, lack of safety committees, weak OSH policies, or a new strain of virus, workers all over the world are everyday at risk in unsafe and unhealthy working environments. The coronavirus (COVID-19) pandemic aggravated the risks that working people experience, regardless of sector and industry. Both employers and workers face disruptions in the workplace but workers face greater difficulties as they are more vulnerable to the economic and health impacts of the pandemic. Amid the lockdown and lack of transportation, some workers were obliged to report to work, serve in the frontlines, or continue their production. In particular, workers in Special Economic Zones (SEZs) and business process outsourcing (BPO) industries were immediately forced to work without concrete necessary precautionary measures in place to protect them from the coronavirus and to prevent the spread of the disease within the workplaces.

Hundreds of thousands of trade unionists are facing additional barriers in exercising their right to collectively bargain for a safety and healthy environment, guaranteed income (including hazard pay), and social protection. Meanwhile, the reduced economic activity brought about by the lockdown has driven more working people into poverty. Before the COVID-19 outbreak, job security was already beyond the grasp of most non-unionized workers, low-wage workers, migrant workers and workers in the rural areas due to the government’s anti-labor policies. At the time of the pandemic, such workers were either left jobless from massive layoffs or unpaid under the ‘no, work, no pay schemes’.

The Philippines was the first country to report a death from COVID-19 outside of China in February 2020. Filipino frontline workers and those in the skeletal workforces continue to go to work risking their lives. Many have fallen ill due to the lack of personal protective equipment. The country is also reporting one of the highest confirmed cases in Southeast Asia at 7,777 (April 27). The number of health workers who tested positive for COVID-19 has climbed to 1,101 on Sunday (April 26). As of April 27, 21 doctors and six nurses died from contracting COVID-19 in the line of duty.

It should be noted that the death toll from the COVID-19 in the Philippines is the second-highest in Southeast Asia. This is a reflection of the deplorable state of the largely privatized health care system in the country that prioritizes corporate interests over the peoples’ health, safety, and wellbeing. Moreover, the COVID-19 pandemic serves as a stark reminder that public health measures should be extended to workplaces and marginalized communities and that the workers’ right to a safe and healthy environment should be guaranteed.

We do not want more workers to die, fall sick, and get injured because of their work! As we commemorate the IWMD 2020, the Labor Rights Defenders Network urgently demand the following:

1) Uphold the right to occupational health and safety, freedom of association, collective bargaining, and gender rights at work – Preparing workplaces for COVID-19 can greatly reduce risks of workers’ exposure to illness. Workers should be able to freely negotiate with their employers how to plan and implement COVID-19 safety protocols in workplaces, including preventing the spread of infection. The gendered impacts of the pandemic must also be part of the overall preparedness and response measures. The ILO statistics reveal that women make up the majority of health and care workers and are more likely to lack social protection. Women have been also performing more than three-quarters of unpaid care work globally. In addition, the majority of the workforce in SEZs are also women. Strengthening the implementation of laws and regulations that guarantee workers’ rights to safe and healthy working conditions and gender rights at work is vital. Employers must be held accountable for non-compliance and violations of these rights.

2) Guaranteed income and job security – Prior to the COVID-19, wage and job insecurity already plagues the world of work and has pushed many workers deeper into precarious conditions. With the imposition of enforced lockdowns, work from home schemes and work stoppage seemed to have become the norm rather than the exception. However, after a few days, it has become clear that working remotely is not an option for all and is not applicable to the majority of the workforce. Workers still have to pay rents and utilities, as well as buy food, basic necessities, and medicines. Minimum wage earners and informal workers who lost their income and livelihood due to their restricted mobility amid the lockdown are likely to be uninsured and without savings, making it more challenging for them to stock their pantry and sustain their basic needs. A guaranteed source of income such as paid quarantine leave will provide immediate relief for the most economically vulnerable during the pandemic. Economic relief measures should meanwhile address and prioritize job generation, job security, increase in workers’ wages, and price controls for basic necessities. Direct and mobilize resources to reduce people’s suffering, not to bail out corporations!

3) Greater social protection for all and immediate support to low-income and informal workers – The COVID-19 exposes the country’s weak social protection system. The Philippines falls behind the 6% international minimum standard set by the ILO for social protection spending, at less than 3% of the GDP. The privatization of public services, health, and social protection facilitated the accumulation of profits by corporations. The corporate capture of social protection exacerbates exclusion and inequality and continues to rob the workers by increasing contribution shares. There is an urgent need to reform the social protection system so that everyone, especially the most vulnerable, is covered, ensuring no one is left behind. Affordable health care, wage subsidies, financial assistance, livelihood programs, and unemployment benefits should also be mandatory and easily accessible by the elderly, low-income, non-regular and informal workers. The government’s massive budget for the military modernization and defense should be redistributed to the health’s budget. Such reallocation of the budget could have secured PPEs that would have prevented frontline health workers from exposing themselves to the coronavirus as well as medical facilities that could have saved more lives.

4) Mass testing and free treatment – Protecting workers go beyond the confines of workplaces. Priority should equally be given to early detection and treatment of the disease in communities to ensure that workers can safely travel to and from workplaces. Mass testing and treatment related to COVID-19 should be free of charge, and available, and accessible universally, including by the poor.

We salute the frontline workers and their steadfast dedication to continue providing services to the people amid the pandemic. We mourn for the lives that we lost and we extend our sincerest condolences to their loved ones who are going through bereavement alone as we maintain physical distancing. Their sacrifice is a distinct reminder that one death is too many. In our continuing effort to defend workers’ rights and welfare, we express our renewed commitment to organizing collectively to prevent more deaths, injuries, and diseases as a result of work.

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[Press Release] Questions for the two Joeys: Do you have a better plan for the workers? -NAGKAISA

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Questions for the two Joeys: Do you have a better plan for the workers?

Are the two Joeys trying to become the ‘corporate white knights’ of the Duterte administration?

They seem to be, according to the labor coalition Nagkaisa! which presumes businessman Joey Concepcion and Albay Rep Joey Salceda to be the corporate voices in the Duterte administration.

Nagkaisa! said, it was Joey Concepcion who, in the dead of the night, proposed to the President the use of rapid antibody testing for workers whom business crave to return to work to revive their industries.

Rep. Joey Salceda, on the other hand, has proposed a P350B bailout package for big corporations with another proposal to grant a special emergency power for the President to fast track the build-build-build (BBB) projects.

“It’s all business that we hear from the two as they clearly were advancing corporate interest as a top priority in the government’s recovery plans at the expense of workers’ safety and well-being in the immediate and long term,” said the group.

Nagkaisa! argued that the Concepcion proposal will send millions of workers back to work as unprotected herds subjected to unreliable antibody tests to be conducted at the workplace level.

“Only the world-tested PCR-based testing method can give that reliable assurance. Without this method of mass testing, the Concepcion proposal can only be considered as safe for business but not for the workers,” said the group.

To labor, group said it would be better and more cost-efficient for big businesses to help fund the national and local governments in establishing and operating additional PCR-based testing facilities that are accessible to workers all over the country.

As to the Salceda proposal, Nagkaisa! said state funds are much needed for income and employment guarantees for workers, support for MSMEs, and the building up of our healthcare system and hiring of additional health workers.

“Why bailout big business when they forever have access to local and international capital markets? Likewise, we see no need for new emergency powers for the President as the BBB budget, we demand, is better realigned to priority programs stated above as subways, railroads, and airports are not the pressing needs of our people at this point in time,” concluded Nagkaisa!

PRESS RELEASE
NAGKAISA! Labor Coalition
19 April 2020
Ref: Atty. Sonny Matula
Chairman, Nagkaisa!

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[Press Release] DOLE’S Closure of Assistance Program, Unjust, Irresponsible and Pointless -CTUHR

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DOLE’S Closure of Assistance Program, Unjust, Irresponsible and Pointless

On April 15, 2020, the Department of Labor and Employment (DOLE) announced that its COVID-19 Adjustment Measure Program (CAMP) is now closed for new applications. OIC Assistant Secretary Dominique Tutay said that this is to give way to the transition to the wage subsidy for a small business program of the Department of Finance.

The Center for Trade Union and Human Rights is strongly dismayed with this announcement. Since the lockdown was implemented, lots of families suffered from hunger as the promised assistance in the form of relief goods and cash aid comes slow or does not come at all. Displaced workers have been relying on DOLE’s P5,000 assistance for their families’ sustenance for the duration of the quarantine but have encountered numerous problems such as their employer’s non-compliance with the requirements, refusal of the company to apply, DOLE’s hotline that is not working, DOLE’s rejection of the company’s application and the slow and long process of the application with many workers not receiving anything even after a month of its implementation.

“This government is adding more harm than good to the workers and the poor, with their inconsistent and overly bureaucratic processes of giving the urgently needed aid. Why is the CAMP application being closed down when many workers are still in dire need of support? Why is the responsibility being transferred to the DOF who knows nothing about the workers’ situation? Instead of simply giving the promised assistance, this government is wasting precious time on its bureaucratic measures than providing urgently needed aid.” said Daisy Arago, CTUHR Executive Director.

The Labor Department estimates that around 1.6 million workers are affected by the lockdown due to COVID-19. It also reported that the CAMP has provided Php1.2 billion aid to 236,412 workers and is in the process of distributing aid to 85,563 more workers in the coming days. “We cannot fathom how they can afford to stop the assistance program when it has given aid to barely 15% of their conservative estimation. Providing assistance to displaced workers is under the mandate of DOLE. Transferring it to another department is simply unjust, irresponsible and pointless. Give the Php51 billion wage subsidy to DOLE and expedite the process of distributing the aid,” Arago added.

Arago also noted that the data of the Labor Department is conservative. According to the think-tank Ibon Foundation, the number of workers who may be affected by the Enhanced Community Quarantine, both from the formal and informal sectors is at 11 million. This is based on the 2018 labor survey force.

CAMP is one of the promised financial assistance programs of the Duterte Administration amid this COVID-19 pandemic through DOLE. Without economic activity, it is difficult for the workers to fend for their families’ needs. Thus, the P5,000 assistance from DOLE, insufficient as it may be, is a big help to meet the basic necessities of their families.

CTUHR also noted its continuous appeal to big companies to pay their workers despite work stoppage because of the enhanced community quarantine.

https://bit.ly/2XGifjp

—
CENTER FOR TRADE UNION AND HUMAN RIGHTS (CTUHR)
Public Information and Education Department
MEDIA STATEMENT
17 April 2020
Reference:
Daisy Arago
CTUHR Executive Director
Tel # 0999 195 3195 / 7718 00 26

Visit our site:ctuhr.org
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[In the news] Worker abuse rampant under Luzon lockdown – labor group -RAPPLER.com

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The labor group gathers reports of unjust employer practices from 318 employees in 160 companies during the coronavirus crisis

ALBAY, Philippines – A labor group released a report on unjust employer practices during the Luzon-wide lockdown due to the coronavirus pandemic.

Labor federation Solidarity of Unions in the Philippines for Empowerment and Reforms (SUPER) said the report is based on its two-part online labor survey conducted between March 19 and 22 with verified complaining workers from Luzon. (WATCH: Rappler Talk: Justice as the missing component in fighting coronavirus)

The labor group SUPER gathered reports of unjust employer practices during this crisis from 318 employees in 160 companies.

These include companies that are allegedly using the crisis to justify illegal termination of its workers (11 companies), workers made to work under the “no work, no pay” scheme but without transport being provided (81 companies), flexible work arrangements but with reduced pay (28 companies), suspension of work without pay (98 companies) coupled with refusal to apply for the financial assistance programs being offered by the Department of Labor (56 companies).

The report had been relayed in official correspondence to the Department of Labor and Employment (DOLE) and their respective local government units where the companies are located.

According to SUPER national president Luke Espiritu, the survey proves that relying on employer volunteerism is farcical because rather than cooperating with their workers at this time of crisis, the reported employers take advantage of the situation to deepen the precarious nature of work, adding that the national government has yet to offer aid for businesses.

Read complete story @rappler.com

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[Press Release] Labor NGO warns on massive job loss as multinational corporations continue race to the bottom

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Labor NGO Ecumenical Institute for Labor Education and Research (EILER) expresses alarm as more and more corporations are laying off employees, contributing to the number growing of joblessness in the country.

EILER noted that already at least 2,626 employees are part of layoffs since the beginning of 2020 as specific divisions of Honda Cars Philippines, Inc. (387 plant workers), Wells Fargo & Co. (700 tech employees), and Nokia (700 IT professionals) close, and as PAL downsizes affecting 287 administrative staff. Before the four more talked-about companies, Yamada Technology Corp. (YTC), a manufacturer of furniture and Ecowalls products in Digos, Davao del Sur already closed on February 10 and laid off 552 workers. YTC, a subsidiary of Japan-based Yamada Denki, Co., one of the largest consumer electronics retailer chains in Japan, has been downsizing since 2015.

“The downsizing also affects workers along the supply chains, so the job loss is actually more. Take Honda Philippines for example, the closure of the car manufacturing plant may affect employees of their 60 parts and materials suppliers and 38 dealers nationwide. In England, as Honda announced its Swindon car factory will cease production in 2021, it will be laying off 3,500 workers. Honda said that another 3,500 jobs could be affected in its subsidiaries and partner companies, bringing the total to a massive 7,000 job losses,” Executive Director Rochelle Porras said,

EILER cited the companies’ annual reports and pointed out that they are generating income in spite of the economic downturn. For Honda, production might be slowing, but its profit soared in 2018 by 72% (988 million USD) and net sales is not drastically plummeting. Its forecast for the end of its fiscal year in March projects its operating profit to increase 68.2 billion YEN (635 million USD). For one of the biggest banks in the world, Wells Fargo’s profit in Q4 2019 may have declined to 2.87 billion USD from 6.06 billion USD the year prior, but it’s mainly due to low-interest rates and the litigation charges and fraud scandal it faced some years back finally weighing. Nokia’s profit went up to 821 million EUR (917.4 million USD) in Q4 2019 by 11% as compared to the year before. Meanwhile, PAL’s parent company, PAL Holdings Inc. has been able to trim down its profit losses. PAL’s labor costs are steady and cargo revenues are up. In 2019, it announced that it is ‘confident in swinging back to profitability’ with ANA’s investments and its upgrades and expansions to be a five-star carrier.

“Walang nalulugi even PAL is still generating high revenues. That’s why, the workers were shocked at the ill-announced layoffs,” Porras said.

Porras also identified a couple of similarities at least in the claims of Honda, Wells Fargo, Nokia and PAL management based on their official statements in the Congressional hearing on March 3. First, that they are reorganizing, strategizing on technological impacts. Second, they are relocating what they’re closing in the Philippines, to other countries, except for PAL.

“Honda and Wells Fargo see opportunities in Thailand and India. But these two countries, unlike the Philippines, have not ratified fundamental ILO Conventions 87 and 98 on freedom of association and collective bargaining and C095 on the protection of wages. With multinational corporations competing for lower wages and weaker labor regulations, it really is race to the bottom,” Porras said.

“COVID-19’s impact is felt worldwide and in many supply chains not just PAL. People are flying less; they are not booking hotels for travel. The environmental and health degradation that we have now is a consequence also of race to the bottom under an unsustainable economy and profit-driven production and consumption. As the situation continues, we need to brace ourselves for massive job loss,” Porras added.

“Only trade unions can stop the race to the bottom, but our labor unions are under attack. They are victims of union-busting, red-tagging, harassment, and police and military interventions such as the unconstitutional Joint Industrial Peace Concerns Office (JIPCO). There are so many barriers in organizing trade unions. We must eliminate these and build our national industry so we don’t have to rely heavily on foreign investments from corporations who can easily come and go as they please,” Porras concluded.

NEWS RELEASE
5 March 2020
Reference: Ms. Rochelle Porras, Executive Director, +63 920 127 6491

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[Press Release] Workers picket DOLE to demand investigation of union organizer killing -PM

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Members of the group Partido Manggagawa (PM) picketed this morning the main office of the Department of Labor and Employment (DOLE) to demand that the National Tripartite Industrial Peace Council (NTIPC) be convened to investigate the killing of a union organizer in Cavite. The mass action coincides with the 40th day since the brutal shooting of Dennis Sequeña, vice chair of the PM-Cavite chapter and veteran union organizer.

“We condemn the glaring inaction and chilling silence of the DOLE on the killing of our colleague Dennis. Today marks 40 days since his murder, and the relevant government agencies have so far failed to make any headway in the investigation of the case,” stated Rene Magtubo, PM national chair.

The NTIPC, sitting as the National Tripartite Monitoring Body (NTMB), is tasked to investigate complaints of labor-related extra-judicial killings. The NTMB was formed in response to the recommendations of a high level mission by the International Labor Organization in 2009.

The mass action today over the murder of Sequeña comes in the wake of the Philippines being named among the ten worse countries for workers. The International Trade Union Confederation (ITUC), the global body of organized labor, has once again listed the country for systematic violations of labor rights.

Sequeña was killed in broad daylight by a gunman in the middle of a meeting with ecozone workers last June 2. Local and international labor groups, including the labor coalition Nagkaisa and the ITUC, condemned the murder, called on the DOLE to stop the killings of unionists and investigate these cases.

“It is sad and frustrating to note that such basic acts of workers self-organization, protected no less by our Constitution and several international conventions and treaties, come at the price of the lives of countless labor organizers and rights defenders. Dennis’ murder and the appalling state of worker’s rights in ecozones simply confirm the report by the ITUC that the Philippines is among the ten most dangerous countries for unionists,” Magtubo explained.

PM also demanded that the DOLE enforce laws guaranteeing the freedom of association in ecozones in light of rampant management interference and intimidation against workers exercising their constitutional and human rights. Sequeña was actively assisting three unions at the time of his killing. This month several unions in the ecozones of Cavite are due to undergo certification elections but organizers are alleging that workers are “challenged by adversity and harassment by management.”

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[Press Release] Labor group condemns killing of union organizer in Cavite -PM

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The labor group Partido Manggagawa (PM) condemned the killing of the vice chairperson of its Cavite chapter. The group called on the authorities to investigate and solve the killing.

Dennis Sequena was shot and killed earlier today in Brgy. Bunga, Tanza, Cavite while meeting a group of workers. He was shot by a gunman who arrived riding in tandem on a motorcycle. The gunman and his accomplice escaped using the same motorcycle. Sequena was brought by his PM colleagues to the General Trias Maternity and Pediatric Hospital but doctors failed to revive him.

“We call on the police to act with dispatch and catch the perpetrators of the crime. Dennis is a community leader and has no personal enemies. We believe this is an extra-judicial killing for Dennis’ work as a labor organizer,” stated Rene Magtubo, PM national chair.

Sequena was a union organizer and partylist nominee of the group in the just concluded elections. He was active in assisting Cavite workers facing labor problems and advising workers who are unionizing as a means to improve wages and working conditions.

Magtubo also called on Congress to launch a congressional investigation on the extra-judicial killing of labor organizers and union activists.

Press Release
Partido Manggagawa
June 2, 2019
Contact Rene Magtubo @ 09178532905

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[Campaigns] Holcim workers demand justice -SENTRO

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For years contractual workers at the Holcim cement plant in Davao have demanded regular employment, in line with Philippine law. Last year they filed a complaint with the Department of Labor and Employment, however in March 140 contract workers were laid off, while non-union workers were offered new employment contracts. Since then the workers have been picketing the factory, but in May they found out the owner of the plant – multinational cement giant LafargeHolcim – is planning on selling the factory to notoriously anti-union Filipino conglomerate San Miguel. On May Day the workers’ picket line was violently attacked by thugs, and the union is convinced that Holcim is responsible for the attack. These workers need justice, not violence and repression.

Read more @www.labourstartcampaigns.net

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[In the news] Neri Colmenares, Leody de Guzman want Mining Act repealed -RAPPLER.com

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Neri Colmenares, Leody de Guzman want Mining Act repealed

Two senatorial candidates said they would support the repealing of the Philippine Mining Act of 1995, saying it protects mining companies more than it does Philippine communities.

Leftist leader Neri Colmenares and labor leader Leody de Guzman took this stance in response to a question on how they would reconcile the government’s mining policies and the impacts of climate change to local communities which are aggravated by destructive and irresponsible mining.

They were asked this on Monday, March 4, during the #TheLeaderIWant senatorial forum organized by Rappler and Ateneo School of Government.

“My first law would probably be the repeal of the Mining Act because the Mining Act has led to the onslaught of big mining corporations against the environment, against the indigenous peoples, against the country in general,” he said.

Read full article @www.rappler.com

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[Press Release] Labor rights NGO hits Duterte over surging cases of trump-up charges vs activists, human rights defenders

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On the first month of Sta. Cruz 5’s illegal arrest and detention,

Labor rights NGO hits Duterte over surging cases of trump-up charges vs activists, human rights defenders

Labor rights organization Center for Trade Union and Human Rights (CTUHR) calls for their immediate release and the junking of trumped-up charges filed against Sta Cruz 5: Adelberto Silva, labor organizer Ireneo Atadero, organic farmer Ediecel Legaspi, women’s group consultant Hedda De Luna Calderon and their hired driver Julio Lusania illegally arrested in Sta Cruz, Laguna and detained a month ago.

“The continuing detention of the Sta. Cruz 5 is a part of Duterte’s grand plan to justify its unsuccessful ‘Red October’ scare and intensified political persecution. It underscores that arresting and detaining Silva, Atadero and other labor leaders and organizers cannot resolve the growing labor unrest fueled by no less than Duterte himself and his empty promise of ending contractualization. His (Duterte) utter failure to bring genuine change to the workers and nation is igniting increased dissatisfaction”, CTUHR says in a statement.

On October 15, mid-afternoon, exactly a month ago, the five, collectively known as Sta. Cruz 5, were blocked by combined forces of Criminal Investigation and Detection Group (CIDG) and Intelligence Service of the Armed Forces of the Philippines (ISAFP), while on their way to a consultation on prospects of the proposed Comprehensive Agreement on Social and Economic Reforms (CASER). Reports noted that the five were held at gunpoint, handcuffed and were made to lie on their stomach on a burning asphalt road for an hour while the police and military were busy doing what they are good at – planting evidence.

The five were later charged with illegal possession of firearms and explosives and on court order were transferred to Metro Manila District Jail Annex 4 inside Camp Bagong Diwa in Taguig last October 30. However, the Sta. Cruz RTC in Laguna has yet to rule on the Motion to Suppress Evidence filed by their lawyers.

Silva and Atadero come from the trade union movement. ‘Ka Adel’, as most workers and colleagues in the trade union movement call him has been a long-time organizer and advocate for trade union and human rights. He contributed in crafting the draft CASER particularly on the question of National Industrialization and Economic Development. His comprehensive knowledge and understanding of the plight of the working class gained from decades of living and fighting alongside the workers inspired to continue serving the workers.

Atadero, on the other hand, is currently with Kilusang Mayo Uno. As a former seaman, Atadero, witnessing the condition of port workers, he was prompted to organize fellow workers in the port area. Later on, he helped in organizing workers under Ilaw Buklod Manggagawa (IBM), a national federation of workers in San Miguel Corp. affiliated with KMU.

The labor rights NGO also hit the rising trend of illegal arrest of activists and organizers based on trumped-up charges. At work, companies and corporations are also finding their way to file fabricated criminal offenses against union leaders and organizers bolstering government efforts to crackdown on activists. These combined attacks only expose the Duterte government, in cahoots with corporations, desperation to silence critics, divert the public attention and blame the human rights and labour rights defenders on his utter failure to curb deepening poverty, surging prices due to TRAIN law, and desire to freeze wages amidst rising inflation, it added.

“Naked attacks on activists, critics, `so-called poor drug suspects’ parallel with squeezing the belly and purse of poor, while the few rich and transnational corporations are accumulating more wealth day by day are Duterte’s naked invitation to unrest. More attacks on resisting and struggling people will not stop them, it will fire them. The government will no longer find the 16 millions who voted for him,” CTUHR ended.

Follow CTUHR @
Website: ctuhr.org
Facebook: @ctuhrph

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[Press Release] Labor rights group hits union busting in Japanese glass mfg firm -CTUHR

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Labor rights group hits union busting in Japanese glass mfg firm

CTUHR logoThe Center for Trade Union and Human Rights hit the retrenchment of 44 workers including union officials in the Japanese glass manufacturing firm, Asahi Flat Glass Philippines while the collective bargaining negotiations are ongoing.

Roben Casalda, documentation coordinator of CTUHR said, “The move of the Japanese firm is a plain and  direct attack on the union of rank and file workers in the Asahi Glass as the dismissal took place.”

Asahi Flat Glass Philippines manufactures different kinds of glasses, such as solar glass, glaze glass, figured glass etc for industrial, commercial and residential use. It is an affiliate of global giant Asahi Glass Company of Japan. Its factory in the Philippines can be found in Pasig City.

At present, collective bargaining negotiations are derailed due to the dismissal of key officials of the local union, Asahi Glass Philippine Labor Union-NAFLU-KMU, including the vice president, auditor and two board members.

On January 11, AGC dismissed 44 employees including regular rank and file workers, four union officials and some supervisory employees the management announced the closure of its solar department due to the alleged shutdown of its major client, Toshiba. However, the local union noted that the company took the affected agency workers in and placed them in other two departments leaving mostly union members out.

“The report of contract employees being transferred to other departments only shows that the closure of one of AGC’s departments need not result in workers retrenchment or dismissal. But the company is using the alleged loss of its client, Toshiba, to single out and discriminate union members by dismissing them thereby effectively undermining the union which is negotiating for a new agreement,” Casalda added.

CTUHR also cited that AGC has been contractualizing its labor force in the last two decades. From over 800 regular workers in the early 1990s, the total number of regular workers has declined to only 181 in 2004, while the number of contract or temporary workers had increased.  Since, 2008, this number of regular workers did not change though its total workforce ranged between 500 to 700 workers, depending on seasonal demands from clients.

As number of permanent workers declined, number of union members also has shrunk to 99 following  waves of retrenchment beginning 2008 despite a CBA provision stating that company must maintain at least 192 regular employees. Last year, the company also dismissed 37 workers purportedly to “prevent further losses” while hiring temporary workers.

“Under the Aquino administration, it has become so easy for companies to retrench or dismiss employees under the pretext of losses without worrying about obligations. Alleged losses are exploited to bust unions with impunity and sending more workers to joblessness. You cannot find meaning in the much-hyped economic growth under this administration, but growth for the few and destitution,” Casalda added.###

For reference: Roben Casalda, CTUHR Documentation Coordinator, +63916.2484876

RELEASE
26 February 2016

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[Statement] Pahayag ng Church-Labor Conference hinggil sa pagtaas ng SSS pension

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Pahayag ng Church-Labor Conference hinggil sa pagtaas ng SSS pension

CLCAng Church-Labor Conference ay sumusuporta at naninindigan sa paghiling na itaas ng P2,000 ang SSS pension para sa kapakinabangan ng SSS pensioners.

Nakakalungkot na tila walang malasakit ang kasalukuyang administrasyon sa mga umaasang Senior Citizens na maitaas ang kanilang pension. Ang pag-veto ni Pangulong Benigno Aquino III sa P2,000 pagtaas ng SSS pension ay pagpapakita niya ng kawalan ng malasakit sa kapakanan ng mga nakatatanda. Para sa kulturang Pilipino, ang pagbibigay malasakit sa mga nakatatanda (Senior Citizens) ay isa sa kaugaliang pinapahalagahan ng bawat pamilya. Ito ay paglalapit sa kanilang puso. Gayundin, ito ang hangad ng bawat mahirap na Pilipino — ng sila ay bigyang pansin at kalinga.

Sila na nangangailangan ng sapat na pagkain, medikasyon para sa kanilang kalusugan at pangangalaga. Dahil rin sa kahirapan, ang karamihan sa kanila ay itinutulong pa ang kanilang pension sa kanilang pamilya . Hindi sapat ang natatanggap ng karamihan dahil sa taas ng bilihin, serbisyong pangkalusugan at iba pang serbisyo sa pampubliko man o pribado. Ang minimum pension kada buwan na P1,200 ay P40 lang kada araw kumpara sa P50 kada araw na pagkain para sa mga preso sa kulungan. Ito ay matinding pagpapahirap sa mamamayan.Bakit nag-aalala ang Pangulo na maaaring ma-bankrupt ang SSS? Kung susuriin, maraming pagkakamali ang SSS upang masiguro ang pagiging matatag nito at makapagdulot ng serbisyo sa mga miyembro nito.

Una, ang pagbibigay ng matataas na sahod at bonus sa mga administrators at pamunuan nito. Hindi ba kayo nakukunsyensiya na pagsamantalahan ang pera ng mga manggagawa na nagbabanat ng buto para paghandaan ang kanilang retirement? Dugo, pawis at higit sa lahat buhay ang naging puhunan ng mga ito para mapaghandaan ang kanilang retirement. Pangalawa, ang hindi pagsisiguro ng koleksyon at pagpaparusa sa mga employers/kumpanya na hindi nagre-remit ng SSS ng kanilang mga empleyado/manggagawa. Maraming reklamo ang natatanggap hinggil dito. Pangatlo, maraming idle properties ang SSS na hindi napapakinabangan. Paano ba pinangangalagaan o pinapangasiwaan ng SSS ang pondo ng mga manggagawa?

Dahil dito, kaming kasapian ng Church-Labor Conference ay nananawagan sa pamahalaan na itaas ng P2,000 ang SSS pension. Nararapat lamang na mapakinabangan ng mga Senior Citizens ang kanilang pinaghirapan nung sila ay nagtatrabaho pa. Sa kanilang kasalukuyang estado, mas lalong kailangan nila ang pagtaas upang matugunan ang kanilang batayang pangangailangan.

Nananawagan rin kami na siguruhin ng pamahalaan ang mababang presyo ng bilihin; ang mababang presyo ng pampublikong serbisyo at de kalidad na serbisyo para sa lahat upang makapamuhay ng marangal ang karamihang mamamayang Pilipino. Nagkakaisa kami na susuporta sa lahat ng pagkilos at inisyatiba ng iba’t ibang grupo upang maisapasa ang pagtaas sa P2,000 ng SSS pension.

“Anak, kalingain mo ang iyong ama (ina) kapag siya’y matanda na, at huwag mo siyang dudulutan ng sama ng loob habang nabubuhay…. Ang paglingap mo sa iyong ama (ina) ay di malilimutan, iyan ang magiging kabayaran sa iyong mga kasalanan.” (Ecclesiastico 3:12.14)

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[Press Release] Labor group demands that DOLE relax rules on tardy workers -PM

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As cabinet meets to deal with traffic problem:
Labor group demands that DOLE relax rules on tardy workers

With the cabinet meeting today to deal with the grave traffic problem in Metro Manila, the labor group Partido Manggagawa (PM) demanded that the Department of Labor and Employment (DOLE) issue rules to protect workers who are late for work due to traffic.

pmLogo1

“With employers seemingly cool to our proposal not to penalize tardy workers stuck in traffic, we petition the DOLE to mandate new rules so that employees are not punished for a problem that they have no control over and the government has no solution yet,” insisted Rene Magtubo, PM national chair.

Last week PM proposed the following steps:
1. Grace period of 30 minutes
2. No warning or infraction if three or more workers are late due to traffic
3. No pay cut, offset through additional time worked
4. Shuttle buses for establishments with 200 or more workers

Magtubo averred that “It is well within the powers of the DOLE to issue rules on tardiness due to traffic as it also makes industrial regulations in times of power or economic crisis. Traffic is no less a pressing concern for workers as it impacts on their work-life balance and also employers as it affect their productivity.”

He added that “At the very least DOLE should call a tripartite conference of representatives of workers, employers and government so that the parties can agree on concrete steps to deal with the industrial implications of traffic congestion, including protection for workers who are late due to traffic.”

Media reported that officials of the Employers Confederation of the Philippines were opposed to the proposals of PM. “Since employers are unwilling to meet our sensible proposals, we encourage unions to negotiate with management for such measures in their collective bargaining agreements or table them in grievance procedures. We also call on employees without unions to directly petition their management. Until traffic congestion is substantially reduced, such remedial steps must remain in place to protect workers,” Magtubo argued.

PM is proposing that government provide for green, cheap, public mass transport system in Metro Manila and major cities as a long-term solution to the issue of traffic. Among other strategic solutions, the group insists that government invest and subsidize in efficient electric rail networks that must remain in public hands.

Press Release
September 1, 2015
Partido Manggagawa
Contact Rene Magtubo @ 09178532905

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[From the web] Workers Resistance, Gains, and Prospects for 2015 -CTUHR

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Workers Resistance, Gains, and Prospects for 2015
(Last part of a three-part series CTUHR Yearend Report for 2014)

Underneath the seemingly ‘stable industrial relations’ silenced by hosts of legal offensives  and workers’ rights violations is a resurgence of dynamic workers resistance  to reclaim their rights and score gains. The formation of All Workers Unity (AWU)  to push for a national minimum wage for all workers in the public and private sectors is not only strategic but a long overdue mechanism to break the division imposed by the regionalized wage fixing in the private sector and salary standardization law in the public  sector.

CTUHR logo

Read full article @ctuhr.org

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[From the web] Criminalization and anti-union measures heightened in 2014 -CTUHR

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Criminalization and anti-union measures heightened in 2014
(Second part of a three-part series of Trade Union and Human Rights Situation 2014 )

In the year 2014, CTUHR documented a total of 82 cases of trade union and human rights violations that affected almost 10,000 workers (See Tables 8a and 8b). Dismissals, refusal to bargain with the union, and union busting are the most glaring economic violations affecting several thousands of workers. At least one worker was extra-judicially killed while hundreds more were harassed, threatened and detained. Number of victims of legal offensives increased by 75 percent as more unionists were slapped with false criminal charges. Violations of labor standards were also documented even as the government reported high compliance rating of private enterprises with less than 200 workers.

CTUHR logo

Violations of labor standards

CTUHR documented several cases of labor standard violations notably non-payment of minimum wages. For example in Ardi Construction and Development Corp. in Pasig, workers only receive P 350 to 420 a day in contrast to the minimum wage of P466. Workers in Creative Stone Tech. Corp in Bulacan also receive wages below the minimum rate of P349. Creative Stone, a company which produces kitchen sinks and tiles and employs at least 100 employees, pays only P250 for 8 hours of work each day.

The government reported a 98 percent compliance to labor standards of enterprises with 200 or more workers with 11 regions including CARAGA registered 100 percent compliance rate, 99.2 percent for Region IV-A or CALABARZON and 99.8 percent in the National Capital Region. However, it must be noted that the government adopts a “self-assessment” procedure for big enterprises. This means that companies with 200 or more workers need not be inspected by labor standard inspectors; rather these companies evaluate their own compliance with the labor standards. But for companies with less than 200 workers, the DOLE inspected 29,248 enterprises in 2014 and found 84.6 percent compliance rate: 89.8 percent in the NCR, 83.2 percent in CALABARZON, 70.8 percent in CARAGA, and 54.9 percent in Region IV-B or MIMAROPA.

Loose regulations and enforcement of occupational health and safety standards keep workers barely protected from occupational deaths and hazards resulting in 11 more worker deaths in the year 2014. Three separate accidents claimed the lives of workers in the following companies: Hanjin Heavy Industries Subic Zambales (1); Asia Metro Tech, Pasay (8); and Ardi Const and Development Corp. (2) (See Table#). Similar to DOLE’s guidelines on basic labor standards, companies with 200 or more workers merely undergo self-assessment to check their compliance to OHS standards. In the year 2014, the DOLE reported having inspected 3,711 workplaces with less than 200 workers, 88.3 percent of which complied to OHS standards.

Read full article @ctuhr.org

REPORT
6 March 2015

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[Press Release] Militant Labor Decry Union-busting at PMFTC -BMP

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Militant Labor Decry Union-busting at PMFTC
Accuses Management of Unfair Labor Practice and Blames Aquino’s Sin Tax

IN AN e-mailed statement to the media, a militant labor group issued a strong condemnation after the management of the Philip Morris Fortune Tobacco issued notices of termination to six hundred and forty of its regular employees in its Marikina plant. PMFTC is the producer of Marlboro and Fortune brand cigarettes and despite the reported decline in its market share still leads the industry in volume of sales.

bmplogo

The Bukluran ng Manggagawang Pilipino (BMP) called the move of the PMFTC management as “reeking with treachery” since the local union and the management just recently concluded their Collective Bargaining agreement (CBA) barely a month ago.

Meanwhile, PMFTC president Paul Riley in a statement to the media said the company treated its employees “with utmost respect”.

“This retrenchment plan of PMFTC is undeniably groundless and equally heartless because not only did the termination notice welcome their return from the holiday break but because the management deceptively led the workers to believe that they were getting a well-deserved promotion in benefits, said Gie Relova of BMP.

Among the benefits that were concluded in the CBA negotiations were annual increases of a thousand pesos for two years and other fringe benefits.

He claimed that the company is not bankrupt and is nowhere close to suffering financial losses based on its submitted financial statements to the Security and Exchange Commission in the past three years. Relova also said that the same company documents were used as baseline data during the CBA negotiations, indicating that the management acknowledged the veracity of the documents.

The management told their employees last week that they shall incur losses in the coming months based on their projections.

Relova explained that, “Ultimately, there can be no other motivation for them to lay-off workers but to bust the union so it can rake in more profits. Since the management’s stock build-up scheme and costly lobbying in Congress failed to curb the surge of the sales of its closest rival, it opted to make its diligent workers pay for its own miscalculations”.

He further argued that PMFTC has nearly six thousand workers nationwide, but its right-sizing scheme maliciously targeted five hundred-eighty union members, an overwhelming majority of the six hundred and forty regular employees to be terminated.

The BMP claimed that the remaining union members fear that this will not be the last attempt of the management. It said that, “Riley will not rest until the labor union is fully busted and its workforce entirely made up of contractual employees”.

The labor leader also took a swipe at the government. Relova focused his crosshairs on Senator Franklin Drilon and chief sin tax promoter, finance Secretary Cesar Purisima who repeatedly claimed during the deliberations of the Sin Tax Reform Law that increased excise tax collections will not lead to job losses.

“We demand that Drilon and Purisima for the sake of delicadeza issue a public apology for misleading the public as well as the allocation of sufficient state funds from the excise tax collection to provide financial package to soften the impacts of unemployment until they have secured regular employment,” Relova said.

The BMP leader likewise inferred that, “We were not mistaken in our analysis in 2012. The government is thrilled with its excise tax collection and the companies maintained to reap billions of pesos in profits. Ultimately only the factory workers and tobacco farmers shall be the ones to bear the brunt of the sumptuary imposition.

He added that, “In their insatiable quest for profit and taxes both the state and corporations arrange the workers to be the last to benefit from its own labor yet the first to be discarded when they fall short of their revenue targets”.

“Not only has this government failed to deliver the Filipino workers from the yoke of contractual employment, rampant violations of labor standards and wage suppression but has also condemned once productive workers to the gallows of unemployment and economic uncertainty,” he charged.

The BMP, though vindicated after fighting tooth and nail during the sin tax law deliberations vowed to make the Aquino government and the management of PMFTC pay for their rabid anti-worker schemes.

14 January 2015

Reference:
Gie Relova 0915-2862555
Bukluran ng Manggagawang Pilipino

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[Petition] Take action for women workers’ rights and an end to gender-based violence at work! -International Labor Rights Forum

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Take action for women workers’ rights and an end to gender-based violence at work!

Gender-based violence in the workplace is a pernicious and global labor and human rights violation that particularly impacts women, their well-being, and their participation in the economy and society.

Whether occurring at the actual place of work or on the way to and from work, it can take on multiple forms, including:

Physical abuse, including assault, battery, attempted murder and murder
Sexual violence including rape and sexual assault
Verbal abuse and threats of violence
Bullying
Psychological abuse and intimidation
Sexual harassment
Threats of violence
Economic and financial abuse
Stalking
Worldwide, 35% of women have experienced violence, and 40 to 50% of women experience unwanted sexual advances, physical contact or other forms of sexual harassment at work.1

This global problem demands a global response. Trade unions are calling for a new international Convention on gender-based violence at the workplace, and are using their voice at the International Labour Organization’s Governing Body (ILO GB) to put the topic on the agenda of the International Labour Conference (ILC). The ILC is where international labour standards get negotiated and agreed upon by employers, governments and workers. A proposal is currently pending before the Governing Body of the International Labour Organization (ILO) to develop an international standard to guide governments and businesses on developing strong laws and policies to prevent and remedy the problem. Developing an international standard will promote global equality and foster safer workplaces.

You can take action now to support women workers’ rights and stand against gender-based violence at work, by urging Coca-Cola, Disney and Procter & Gamble — leaders in the United States Council for International Business — to support the call at the ILO Governing Board in November 2014 to put a standard-setting conversation on gender-based violence in the world of work on the agenda of the International Labour Conference.

Add your voice here.

Thank you,

Judy Gearhart
Executive Director
International Labor Rights Forum

Sign petition @action.laborrights.org

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