Key issues and responses on the realization of FOA, CB and labor law implement in the Philippine ecozones, LIKHA-TUCP President Jesus Villamor, 22 April 2010, Tagaytay City

KEY ISSUES AND RESPONSES ON THE REALIZATION OF FOA, CB
AND LABOR LAW IMPLEMENTATION IN THE PHILIPPINE ECONOMIC ZONES
By LIKHA-TUCP President and TUCP Vice President JESUS VILLAMOR
22 April 2010, PHINMA Training Center, Tagaytay City

Key issues and responses on the realization of FOA, CB and labor law implement in the Philippine ecozones, LIKHA-TUCP President Jesus Villamor, 22 April 2010, Tagaytay City

INTRODUCTION

We are happy to be with the DOLE, the ILO, and PEZA in this program.
TUCP commends the organizers for various actions on the recommendations of the Philippine tripartite sectors and of the ILO high-level mission.

At the National Tripartite Conference in December 2009, TUCP noted that “the issue of freedom of association and collective bargaining, as well as international labor standards, in economic zones is not simple. The search for solutions starts with an understanding of the problem.  The problem could be understood only by looking at the facts.”

Allow me to cite some facts.

In 2002, then in 2004, the TUCP/Solidarity Center/USAID Anti-Sweatshops Project conducted a random sampling (with replacement) study involving respondents from a total of 202 enterprises (81 garments and 121 non-garments) in economic zones in six areas (in Laguna, Bataan, Clark, Cavite, Subic, Tarlac), as well as in various parts of Metro Manila.

The study inquired into the working conditions prevailing in these enterprises, in terms of compliance with national and international standards of worker protection; and the climate for organizing workers and unionization in these enterprises.

The results indicated widespread violations of minimum international standards for humane working conditions, as provided for under ILO core standards, Philippine laws and regulations, and even the respondent-corporations’ own code of conduct.

ON LABOR STANDARDS

o 30 to 40% of companies pay their workers below the minimum wage; impose forced overtime/non-payment/underpayment of overtime; do not pay/remit government-mandated health benefits and social security insurance; and resort to non-regularization of workers, such as extended apprenticeship programs, re-hiring of workers as contractuals after five-month contracts
o 96% have violations of safety and health standards of one kind or another.

ON ORGANIZING

The facts are in the results.

In 1995-2000, TUCP would sign 15 collective bargaining agreements for every 100 organizing campaigns launched.  These days, this figure is down to 3 to 5 CBAs per 100 organizing campaigns.

Unions, particularly TUCP, have not been remiss in their responsibilities in organizing.  Ginagawa namin ang lahat ng kailangan para makapag-organisa …

It’s just that many employers under organizing have been very creative in resisting unions.

As a result, there have not been better results in organizing.

OUR RESPONSES

1. ORGANIZING

Despite setbacks, unions are not deterred from organizing. Ang sundalo habang nasusugatan, lalong tumatapang.

We have intensified our efforts. We are modifying our strategies.  We are adopting new techniques.

We are challenging rules, procedures and practices which go beyond the law.

We ask  no support from government, national, regional or local.  We ask only that the authorities implement the law and not to tolerate or assist anti-union elements.

We also ask infinitely faster resolution of cases, particularly those involving organizing and related issues.

For employers – we ask only that they leave workers alone to decide by themselves – for unions.

2. IMPLEMENT THE LAW!

We have some good laws and regulations in place.  These have to be implemented properly.

Workers and unions have to be part of proper implementation and monitoring procedures and practices. Workers’ groups are good for keeping government people focused on their duties and responsibilities.

Those provisions of the law and the rules which are not consistent with international standards and the Philippine Constitution —   we will get to them later. We will lobby and speak and march for their repeal, improvement, amendment, or tweaking.

3. LEGISLATIVE ACTION

The TUCP party-list, with our allies, filed labor-related bills to bring Labor Code provisions in compliance with ILO Conventions 87 and 98.

These bills, when passed into law, will improve the environment for trade unions, and promote workers’ rights in and outside economic zones.

Among them are:

o HB6965 – establishing a majority sign-up card check system for union recognition;

o HB7014 – limiting the power to assume jurisdiction by the President of the Philippines only to labor disputes involving essential services;

o HB7017 – allowing aliens to exercise their right to self-organization and withdrawing regulation of foreign assistance to trade unions;

o HB7018 – establishing the union constitution and by-laws, not administrative authority, as supreme in union matters; and

o HB7019 – removing dismissal and imprisonment as penalty for union officers/members’ violation of orders, prohibitions, or injunctions.

The TUCP Party-List representatives will re-file these bills, and file other bills,  in the 15th Congress.

4. TIPC MONITORING BODY

We now have an additional venue for monitoring and xx violations of human and trade union rights.  TUCP and, I’m sure, the other unions, would be pro-active in making this originally TUCP-proposed mechanism work.

The ILO and the world-at-large should have genuine and correct information on these issues – not watered-down or, at the other extreme, propaganda materials.

5. PEZA AND ITS DATA BASE AND MONITORING SYSTEM.

We are particularly heartened by PEZA’s increased seriousness in monitoring complaints and labor violations in the economic zones.

Unions and workers in the zones should fill the PEZA database with their legitimate complaints and grievances.  This will allow PEZA and other agencies, not only to record these transgressions, but to spur them to do more and better for workers

We are sure, given the drive and commitment of the PEZA Director-General and her officials and staff, they will treasure a recognition from ILO and DOLE as much as they do their ISO 9001: 2000 Certification.

This forum is a clear manifestation of ILO, DOLE, PEZA and the tripartite sectors’ commitment to uphold international and national labor standards and norms.

We will be with you in all these efforts.

Thank you!