Only half of CBAs tackle job security

WHILE nearly all collective bargaining agreements (CBAs) registered in 2009 had union security clauses, only half of the CBAs had provisions ensuring workers’ security of tenure, data from the Bureau of Labor and Employment Statistics (BLES) show.

Only 50.4% of the 274 CBAs specifically stated that employees can be fired only if there is reasonable cause and if due process has been observed. Moreover, only 40.1% had a policy on layoffs as a result of the company’s sale, merger with another company, technological changes, business decline, or company closure.

Meanwhile, 94.2% had clauses emphasizing the right of workers to self-organization and collective bargaining, or stipulating that workers should keep their union membership in good standing as a condition for continued employment in the company.

BLES data also show that a relatively small proportion of the CBAs called for the non-discriminatory filling-up of vacancies through promotion (53.7%), hiring of retired employees’ kin (24.5%), rehiring of dismissed employees (14.2%), transferring of employees (13.5%), and union referral (5.1%).

Rene E. Ofreneo of the University of the Philippines School of Labor and Industrial Relations said these non-economic provisions of CBAs are as important as provisions with monetary value. “There are non-economic provisions that are marginal. Nevertheless, both economic and non-economic provisions are important. They go together,” he said.

Rafael E. Mapalo, director for education of the Trade Union Congress of the Philippines, agreed: “Non-economic provisions are as important as economic provisions because these are where specific union entitlements, rights and privileges are stipulated. These include union security, job security, health care, and terminal benefits, among others.”

Less than half of the CBAs registered in 2009 granted health care benefits: dental services (39.4%), annual physical examination (39.1%), hospitalization assistance (38.7%), medicine allowance (14.2%), optical assistance (12%), medical reimbursement (10.9%), and health fund (1.1%).

Majority guaranteed the usual leave benefits — vacation leave (85.7%), sick leave (82%), union leave (77.4%) — while less than half allowed burial leave (47%), emergency leave (42.1%) and birthday leave (22.9%).

Surprisingly, there were more CBAs granting paternity leave credits (69.2%) than those allowing maternity leave (58.3%).

Terminal benefits included in the CBAs were: retirement benefits (67.9%), separation pay (42%), and voluntary resignation pay (39%).

There were also supplemental benefits like clothing allowance (64.6%), longevity pay (23%), Christmas package (15%), and cost of living allowance (3.3%).

Half of the CBAs required the holding of family planning seminars, while 45.6% provided for health and safety awareness programs. Four in 10 provided life and accident insurance.

Only 8% gave skills training to employees following the implementation of new systems and technologies. Mr. Mapalo said budget issues probably prevented some companies from providing training to their workers.

The BLES report said 46.7% of the CBAs forged labor-management cooperation schemes. “Grievance machinery was also institutionalized in nine out of 10 CBAs to serve as a forum for employers and employees to settle disputes on the implementation of the CBA and policies of the company,” it said.

“A grievance mechanism is important because this is the venue where you can address problems before going to the tedious process of filing complaints before the National Labor Relations Commission,” Mr. Mapalo said.

Mr. Ofreneo, meanwhile, said there should also be grievance machineries in companies without unions.

“Grievance machineries are venues were employees air their complaints and discontent. Once these problems are accumulated, these do not necessarily come out through labor strikes and protests.

Sometimes they result in low productivity,” he said. — C. H. C. Venzon, Businessworld