Workers from across industries are appealing to the government for the immediate implementation of previous Department of Labor and Employment’s order for regularization and has called on their respective companies to follow the example of set by fast food giant Jollibee as it recently agreed to regularize its contractual workers.
“We laud the decision of Jollibee’s management to fully comply with DOLE’s decision,” Benedict Murillo, a leader of Respect Fast Food Workers’ Alliance, said. “We urge the company to enjoin its all franchises to do the same,” he added.
A total of 2,488 employees of Sofitel, Manila Peninsula, Holiday Inn Makati, Fairmont and Raffles, Dusit Thani Manila, New World Renaissance, Manila Pavillion have been anxiously waiting for their regularization as ordered by DOLE on separate occasions.
According to Daniel L. Edralin, Secretary General of the National Union of Workers in Hotel Restaurant and Allied Industries (NUWHRAIN), his group has requested labor inspections to a total of 10 hotels, “but only seven inspections actually took place, with a dismal compliance rate on the part of the companies.”
“Based on our records, compliance to the DOLE’s order only happened in Dusit Thani and Manila Peninsula, although there are still workers due for regularization,” Edralin explained.
In an inspection in February last year, DOLE-NCR found that some 200 employees of Sual Power Plant are due for regularization but the workers are still waiting for the compliance order despite formally writing to DOLE-NCR on four separate occasions. This according to Roman Dastas of Workers’ Solidarity Network (WSN).
May Flor Palad of Pinagisang Tinig at Lakas ng Anak Pawis (PIGLAS) said that in HAMLIN, a garment company that is part of the supply chain of various global brands, the labor department ordered the company to comply in February last year, with close to 1,000 workers due for regularization. The order remains unimplemented and some workers were actually dismissed by the management after attempting to invoke the order.
According to Rodel Abenoja of SENTRO Davao, the Sky Cable’s branches in the cities of Tagum and Davao were found by DOLE guilty of the prohibited labor only contracting and a total of 77 employees should have been regularized on July 27, 2018. The order remains unimplemented.
In the case of PEPSI in Davao, DOLE has claimed compliance by the management which would have benefitted 85 workers but according to Sentro, the union in that branch did not receive compliance order and the region’s DOLE office failed to provide a copy of the compliance order when asked by the union for a copy.
According to Josua Mata, Secretary General of Sentro, the long delayed implementation proves that DOLE’s regulatory framework does not work.
“The biggest problem is that companies would generally challenge DOLE’s decisions in courts. This shows DO174 is failing to deliver Duterte’s promise,” Mata said.
In general, employers are given only 10 days from receipt of inspection results with findings of violations to correct violations of labor standards.
The labor leader explained that this is the reason why SENTRO and NAGKIASA, together with KMU and other labor groups, are calling for the issuance of an EO that would correct DO 174.
“That EO should veer away from regulating contractualization and instead work for prohibiting it, of course with some exemptions to be agreed upon,” he explained, adding that a watered down EO that DOLE and the Department of Trade and Industry has been planning will not repair the leaks of the DO 147.
Unfortunately, after more than 2 years, the president has been hemming and hawing over the issuance of an Executive Order that will signal the government’s resolve to prohibit contractualization with some exemptions.
DOLE announced that an EO would finally be signed in Malacañang on 16 April 2018.
However, Mata said that SENTRO leaders will not attend the event in Malacañang on 16 April 2018 unless it is clear that the EO to be signed is labor’s version and not the one peddled by DOLE and DTI which would only perpetuate the flawed DO 174. “SENTRO stands by NAGKAISA’s decision not to be a party to a sellout,” Mata said.
NAGKAISA is the broadest labor coalition in the country. NUWHRAIN, WSN, PIGLAS and Respect Fast Food Workers are affiliates of SENTRO.#