Presidential Decree No. , s. | Official Gazette of the Republic of the Philippines
Free Essay: SOUTH AFRICAN LABOUR: A TRIPARTITE RELATIONSHIP? G.M. Ferreira Department of Public Administration and Management. In Tarlac, DOLE forges Tripartite Group for Hotel and Resto Industry. Tarlac City – With the aim of strengthening harmonious relationships. City of Tarlac – “We want to ensure a strong labor-management relationship here in the province of Tarlac” said Labor Secretary to the members of the Tripartite Industrial Peace Council (TIPC) of Tarlac in the recently held.
With respect to the areas for further labour law reform, DOLE had made the following proposals: The amended procedure would include the filing of a request for assumption of jurisdiction by either of the parties to the dispute and the conduct of a conference with the parties prior to any assumption of jurisdiction.
The case involved alleged killings of 39 trade unionists, 16 incidents of harassment, and 11 abductions or forced disappearances, adding up to a total of 66 cases from to The alleged killings, harassments and abductions involved difficulties in identifying the victims of killings as trade unionists or advocates of trade union rights due to a lack of official records of their union membership. As a result, only 13 were in the Government's view possibly labour-related cases, involving 18 victims, that is, the victim is either an organizer or a union member regardless of whether or not there was a strike or labour dispute at the time of death and the circumstances indicate a possible relation to labour issues and concerns.
More serious are the difficulties faced in the investigation and prosecution due to a number of factors which include, among others, the absence of witnesses or unwillingness to cooperate by members of the immediate families; the absence of a complaint or report filed before competent authorities; and distinguishing between activities in the exercise of legitimate trade union rights, and activities arising from insurgency operations.
The PNP report shows that in the 39 cases of alleged killings of trade unionists, there are 16 cases filed, of which one involved legal arrest and no killing; one case involved a legitimate police operation; one case is considered closed; one case is an alleged abduction; and 19 cases are under investigation. Regarding the status of the cases filed, the PNP report also shows that nine have been filed in court and seven are at the Prosecutor's office.
The status of the 24 identified suspects in the 16 cases filed is: The PNP report on 19 cases under investigation also shows that in two cases, the complainant moved to an undisclosed place; in six cases the complainant was no longer interested in pursuing the cases; and 11 cases remained under investigation. The PNP report in 11 cases of alleged abduction also shows that in two cases, victims moved to undisclosed places; no complaint filed in one case; no report of incident in one case; six are under investigation; and in one case the alleged victim's organization is non-existent.
Of the 11 cases, seven took place inthree cases in and only one case in Four cases were archived, eight cases were dismissed, four cases were undergoing trial, 20 cases were under investigation, one had no record of case filed, one case was dropped or closed, and one case was dismissed. The PNP report on the 16 cases of alleged harassment shows that in three cases warrants of arrest had been issued; in three cases no harassment had occurred; six cases were under investigation; in three cases the complainant had moved overseas or to an undisclosed place; and in one case the alleged victim's organization did not exist.
The PNP report on the 66 cases may be summarized as follows: Finally, Undersecretary Baldoz formulated proposals to address gaps in the implementation of the law by strengthening institutional linkages of DOLE with other competent authorities: The proposal to include trade union organizations in case monitoring is welcomed; - with the Presidential Legislative Liaison Office PLLO and the congressional committees on labour through active participation in public hearings; - with DTI and PEZA through monitoring of the implementation of the memorandum of social understanding on labour and social issues arising out of the activities of multinationals; - with PNP-DILG, DOJ and the task forces under the PHRC, to coordinate closely in the sustained implementation of initiatives of various government agencies involved in the administration of the criminal justice system in relation to cases of alleged killing, harassment and abduction of trade unionists.
Another response is capacity building within the labour administration through training of senior officials, bureau and regional directors, med-arbiters, conciliator-mediators, labour arbiters, legal officers, labour inspectors, sheriffs and technical support staff, the secretariat to the tripartite industrial peace council at the national, regional, city and provincial level, and the industrial tripartite councils themselves.
The Decent Work Common Agenda under the theme "narrowing decent work deficits" serves as a useful framework for a technical cooperation and assistance programme. Blancaflor, Undersecretary of the Department of Justice, provided an overview of the criminal justice system in the Philippines, in particular as it related to the allegations of extrajudicial killing, abduction and harassment. He explained that the criminal justice system rested on five pillars: Many cases were dismissed by the prosecution authorities because the process of investigation had not been done in a proper manner.
The duty of the prosecution was to evaluate findings or evaluate complaints, and file corresponding information. The prosecution delays in the cases related to C.
Each prosecutor handles an average of cases. Some 30 to 40 criminal cases are calendared per day in court and three to four criminal cases proceed to trial on the same day. As a result, a criminal case is fortunate to have three trial sittings in one year.
Some courts have no assigned prosecutor; 2 the procedure relies heavily on testimonial evidence, rather than forensic evidence; 3 witnesses most of the time retract statements having reached settlement with offenders, and some are threatened.
Of the 12 cases that were currently considered as labour-related, three were being investigated; two had been dismissed after preliminary investigation; three had been dismissed by the court; and four were pending with the court. The impression of a culture of impunity and lack of care for witnesses had been brought about by inaccurate and incomplete reporting.
The media hardly covered cases where military personnel were indeed arrested, but preferred to target cases where no progress was made in identifying and arresting the suspects. The Undersecretary stressed that the Witness Protection Programme had never lost a witness except one recently, who had left security coverage. He recalled that the UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions acknowledged progress in the investigations and charges filed in at least four recent cases involving killings of members of the media.
In reply to queries concerning the Human Security Act, he stated that the Act was not being applied as it had been challenged as unconstitutional and the judgement had not yet been rendered.
General meeting with employers on terms of reference Employer representatives included: Tan ECOP stated that ECOP was looking forward to the closure of some cases that had been moving back and forth in the Committee of Experts and the Conference Committee, while the Philippines was one of the freest countries in the world and the last one to think of as a subject of inquiry.
He felt there was no need to go into cases where the highest authority of the land had handed down a final resolution. Labour-related issues should be separated from matters already dealt with by Philip Alston, United Nations Special Rapporteur on Extrajudicial Executions. The employers present also voiced their concern about their lack of involvement in the cases submitted to the ILO's CFA.
In some cases, the employer was not even aware that a complaint had been presented to the ILO or what the subject of such a complaint was. They urged the ILO to intervene with the Government to ensure that they were duly informed in such cases so that they could defend themselves from accusation.
Some of the cases were considered by the employers to be moot as the Supreme Court had already handed down a final judgement and many of the workers had accepted severance pay. One of the cases also concerned a company which apparently no longer existed and had been split into three separate companies. In this case, the question of reinstatement was no longer valid and only the matter of pension rights could possibly be considered.
The Employers present pledged all possible cooperation and information that would help to close the pending cases.
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Mr Padilla recommended that a protocol be put in place so that employers are systematically notified and can closely coordinate with the Government the response to complaints which concern them.
General meeting with workers on terms of reference The widely attended meeting focused on answering questions relating to the nature of the mission. A number of unions voiced concern about corruption in general, and about the Government's consistent position that the ILO only issues recommendations or that matters are already resolved following a Supreme Court decision.
The KMU pointed out that since the visit of the Special Rapporteur extrajudicial killings had gone up further from the already high number of 64 to The Alston report, which had been referred to by the supervisory bodies, should be a more active basis for the Government's consideration. All trade unions expressed the firm hope that the mission would result in more than a paper exercise. The workers' struggle in the Philippines was extremely difficult, and expectations were high that the mission could come up with tangible results.
Meeting with the workers The Alliance of Progressive Labor APL submitted a "joint position" paper on behalf of 19 trade union organizations, citing 50 incidents of violation of C. In particular, it referred to restrictions in the Labour Code to workers' freedom of association, violence against trade unionists and ineffective protection through the legal system, obstacles in the labour justice system to organizing, bargaining and peaceful concerted actions, the repression of public sector unionism and the weaknesses of policy making and policy enforcement mechanisms for the public sector.
The KMU delivered a statement of the following alleged violations of C. The FFW pointed to the violation of civil liberties, and the use of non-regular employment as a union-busting tactic. Emphasis should be given not only to changing laws, as the Government would always answer that there is a pending law, but that the matter cannot be discussed unless the President certifies.
The ILO should offer more technical cooperation, particularly to the labour courts. Hurdles in the judicial system should be removed so that court procedures are shortened to a minimum - cases can currently linger on in the courts for ten years or more. Finally, the Philippines had no shortage of tripartite bodies, yet there appears to be a lack of social dialogue in many aspects, so that issues remained undiscussed and unresolved. Other representative trade unions reiterated many of the points made by the national centres, adding also a few new facts and recommendations: The highest regional president of the Confederation of Public Employees of Leite, Professor Aqui was killed in front of his students by the military.
Government employees have been denied the right to strike since Meanwhile, policies of privatization have led to job losses of per cent in government-controlled agencies. As a result of Executive Order No. Since the union was certified inno collective agreement has been negotiated as a result of a moratorium on collective bargaining.
The 30 per cent threshold for the registration of trade unions should be lowered to 10 per cent as there is no protection without registration. The requirement is that there should be one union representing all teachers. Bonuses cancelled by the commission of auditors should be reinstated as upheld by the Supreme Court.
Around 8, retrenched workers were rehired by different components division, generation, distribution, assets-liabilities managementbut had to accept wage cuts up to 30 per cent.
Union moves have been curtailed since by eliminating check-off facilities. The ADB recognized in its loan agreement that a severance package for retrenched workers is a legitimate cost of restructuring, but nothing has happened. The following is a summary of relevant information gathered. At any rate, millions of pesos had already been spent on bribes and the union had therefore requested an audit of the fund.
Another motion pending with the Supreme Court challenged the fact that a judge which had retired since had participated in the February resolution. That resolution had hurriedly refused reconsideration, deciding not to elevate the deliberations to the banc, despite an en banc resolution being the normal rule for overturning precedent. An attorney clerk who had admitted to making a "human error" had taken early retirement in June The union submitted that it followed the rule of law, but that, in its view, none of the decisions in this case were following the rule of law.
The union noted that no less than three cases were pending before the bar of the Philippines considering disbarment of lawyers for falsification of documents, or producing unethical documents. In the case at hand, the court did not answer the question why women workers were also dismissed although they had not cut their hair short. The union suspected that the Supreme Court had tried to evade the arguments of the union.
It considered, for example, that the union had committed a violation of ingress or egress, while the Secretary of Labor had testified to the contrary, and the Ayala Center - where the hotel is located - had been cordoned off at the time by security guards and police in full battle gear making this impossible.
Some workers have not accepted the compensation package. In FebruaryDOLE authorized a new certification election, which took place on 16 Februaryand led to the certification of the Toyota Motor Philippines Corporation Labor Organization TMPCLO - which was allegedly established under the dominance of the employer - as sole and exclusive bargaining agent of all the rank and file employees. At the meeting, the union submitted a written memorandum on record. In April the Supreme Court confirmed the dismissal of the union members.
Around members of the union are still working at the plant, while dismissed workers are still not accepting severance pay from the company. Several complaints against the continuous violation regarding the certification election by Toyota are pending with the NCMB, but Toyota continues to ignore hearings. From the 26 members against whom a criminal lawsuit was lodged for illegal strike, nine remaining members are still not accepting severance pay and these are the ones for whom the criminal charges are yet to be dropped.
Some military members of the nd Infantry Unifier Brigade who had a detachment close to the union office inside the factory only left in May in connection with the acceptance by the Philippine Government of the HLM, but four members have become bodyguards of the top-level management. Around the same time, a community organizer Ms Ka-Sabeng Arriolawho advocated the removal of the military, was killed.
The union considered the invitation of armed policemen for a tour of the factory to be a form of intimidation; further attempts were made to bribe union members with supervisory positions and to resort to bullying tactics if these were refused. The management installed seven CCTV cameras in the production line limiting the activity of the union. They have negotiated a collective agreement, and there is now a moratorium on collective bargaining.
The TMPCWA recalled a long history of attempting to set up a union at Toyota going back to and which met with systematic obstacles from the management culminating in a Supreme Court judgement broadly defining supervisory personnel and their exclusion from unions of the rank and file.
The workers had persevered in their attempts to form an independent union but were constantly challenged by management and, even when they had finally won the certification election, they were rendered impotent through complex legal appeals which delayed their effective recognition and ended in the holding of a new election prior to the final determination of the substantive issue at hand.
While, in their view, Toyota would not accept the reinstatement of their leaders, the TMPCWA would only consider studying a proposal to reinstate its members if the criminal lawsuits against the leaders were withdrawn. It shall be mandatory for the Commission to decide such appeal within sixty 60 calendar days from the filing thereof.
In the determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following: These wages shall include wages varying within industries, provinces or localities if in the judgment of the Regional Board conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and, if it remains unresolved, through voluntary arbitration.
Unless otherwise agreed by the parties in writing, such dispute shall be decided by the voluntary arbitrator or panel of voluntary arbitrators within ten 10 calendar days from the time said dispute was referred to voluntary arbitration. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and, if it remains unresolved after ten 10 calendar days of conciliation, shall be referred to the appropriate branch of the National Labor Relations Commission NLRC.
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It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within twenty 20 calendar days from the time said dispute is submitted for compulsory arbitration. Provided, That those already receiving above the minimum wage rates up to one hundred pesos P Provided, further, That the appropriate Regional Board is hereby authorized to grant additional increases to the workers and employees mentioned in the exception clauses of this Section if, on the basis of its determination pursuant to Article of the Labor Code such increases are necessary.
Otherwise, such increase shall be so applicable not later than the opening of the next school year beginning Whenever an application for exemption has been duly filed with the appropriate Regional Board, action on any complaint for alleged non-compliance with this Act shall be deferred pending resolution of the application for exemption by the appropriate Regional Board. Such increases shall not include anniversary wage increases, merit wage increases and those resulting from the regularization or promotion of employees.
Where the application of the increases in the wage rates under this Section results in distortions as defined under existing laws in the wage structure within an establishment and gives rise to a dispute therein, such dispute shall first be settled voluntarily between the parties and in the event of a deadlock, the same shall be finally resolved through compulsory arbitration by the regional branches of the National Labor Relations Commission NLRC having jurisdiction over the workplace.
It shall be mandatory for the NLRC to conduct continuous hearings and decide any dispute arising under this Section within twenty 20 calendar days from the time said dispute is formally submitted to it for arbitration. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the increase in the wage rates prescribed under this Section. Within a period of four 4 years from the effectivity of this Act and without prejudice to collective bargaining negotiations or agreements or other employment contracts between employers and workers, new business enterprises that may be established outside the NCR and export processing zones whose operation or investments need initial assistance as may be determined by the Department of Labor and Employment in consultation with the Department of Trade and Industry or the Department of Agriculture, as the case may be, shall be exempt from the applicability of this Act for not more than three 3 years from the start of their operations: Other mountain peoples of Luzon include Kalinga of Kalinga-Apayao province and Tinguian of Abra province, who employ both wet-rice and dry-rice growing techniques.
Isneg of northern Kalinga-Apayao, Gaddang of the border between Kalinga-Apayao and Isabela provinces, and Ilongot of Nueva Vizcaya province all practise shifting cultivation. Although Negritos formerly dominated the highlands, by the early s they were reduced to small groups living in widely scattered locations, primarily along the eastern ranges.
The other concentration of indigenous communities is in central and southern Philippines. The Lumad groups of Mindanao have faced, and continue to face, long-term displacement and legalized land dispossession, which is also a threat to other minority groups in the Philippines.
The southern Philippine island groupings of Mindanao are resource-rich and were formerly under-populated compared to the northern island groupings of Luzon. Thus, throughout the twentieth century, there has been a steady migration of Christian lowland Filipinos into areas previously occupied and dominated by Lumad and Moros.
These migrations were initially encouraged by the American authorities, when the Philippines was under their rule, and were given further impetus by central government authorities after independence by the development of plantation agriculture, logging concessions and hydro-electric and geothermal energy schemes.
The Lumad are now outnumbered in their ancestral lands. Historical context The Spanish crown, by virtue of colonization, claimed rights over the islands and the authority to dispose of the land. Later, the US authorities institutionalized their legal powers to dispose of all land, and voided all the previous land grants by Moro or Lumad chiefs, as well as others throughout the Philippines, that had been made without government consent.
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Only individuals or corporations could register private claims to land ownership. This left no room for the concept of ancestral or communal land, which the indigenous Lumad had held to be sacred and not subject to individual title or ownership. Through the efforts of the Lumad of Mindanao, and their supporters among the lowland Christian Filipino community, two important provisions were written into the Constitution.
However, the state also continued to maintain rights to land, and national development policies continued to be shaped by powerful economic interests and political forces.