Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that the workers who were illegally dismissed whom the Department of Labour and Employment (DoLE) allowed to return to work are now being subjected to repressive and inhumane policies by the employing company. The policies are a clear violation of the DoLE order; however, the company is continuing to implement them with the intention of forcing the workers to submit to their demands.
UPDATED APPEAL: (Based on the information received from the Kilusang Mayo Uno, Negros (KMU))
In October 20, 2012, we issued an appeal (AHRC-FUA-009-2012) that 26 workers and union leaders working for Bacolod Columbia Markerting Inc. (BCMI), a retail company in Bacolod City, were illegally dismissed in September 2012. After they were dismissed, the BCMI Workers Association (BCMWA), the worker’s labour union, went on strike to protest against the unfair labour practice and union busting.
After the workers went on strike, Ms. Rosalinda Baldoz, secretary of the Department of Labor and Employment (DoLE), assumed jurisdiction over the labor dispute. This Assumption of Jurisdiction (AJ) means that a status quo has to observe by both parties while the dispute is being resolved under the DoLE’s jurisdiction. In her order dated November 9, 2012, Ms. Baldoz instructed the company to allow all the striking workers and locked out employees to return to work. The following is an extract of Ms. Baldoz’s order:
“Accordingly, any intended strike or lockout or any concerted action is automatically enjoined if one is already taking place, all striking and lockout employee’s shall within twenty four (24) hours from receipt of this order immediately resume operation and readmit all workers under the same terms and condition prevailing before the strike, the parties are likewise enjoined from committing any act that my further exacerbate the situation. SO ORDERED. ”
Photo by KMU, Negros
However, after the DoLE’s order, the company implemented new policies, rules and regulations and orders, which in effect defies the purpose of the return to work order. They have:
a) reinstated locked out and striking workers in their payroll but stationed them outside the company and call them routinely by security guards anytime they want;
b) deducting their salaries if they fail to appear in a roll call despite being present by punching “in” and “out” in the biometric records;
c) implemented forced leave during holidays;
d) not converted 5 days incentive leave pay to cash, instead they are forced to take leave in exchange for the regular days;
e) reduced the payroll period from 13 days to 11 days;
f) refused to sign the worker’s loan application for the Social Security System and Pag Ibig loans.
The workers have complied with the DoLE’s order in good faith despite the systematic and targeted reprisals that the company is taking against the workers. The situation worsened when the company, once again, implemented further repressive policies. On March 4, 2013, Mr. Alfonso Choa, general manager; and Fonsella Kae Choa, their human resource Officer, issued a Memorandum No. 3-391-13.
In this recent order, even though they continue to pay the workers their salary they have refused to allow them to return to work inside the company by arguing that they had no judicial authorization. For this reason, they hoarded the workers into 4×4 barricaded fences at the company’s compound in poor and humiliating condition:
a) they are forced to stay inside the fence and prevented going out;
b) even after they punched “in” and “out”, they are routinely being roll-called by security guards anytime they want;
c) they are prohibited from using the company’s toilets;
d) they are exposed to direct sunlight from 1pm onwards;
e) they are exposed to dust and engine combustion emitted by delivery truck trucks since the fence is located at the truck garage;
f) their pay is deducted if they fail to present themselves during roll calls by the security guard.
The actions taken by the company is contrary to the DoLE’s return to work order for the company to: “readmit all workers under the same terms and condition prevailing before the strike. The Parties are likewise enjoined from committing any act that may further exacerbate the situation.” It is clear that after the DoLE assumed jurisdiction of the labour dispute, the company implemented measures in retaliation against the workers.
SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to ensure that the government’s order allowing dismissed workers to return to work without being repressed as complied with by the company.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Reprisals against illegally dismissed workers after they were reinstated
Name of affected workers:
Union leaders of the Bacolod Columbia Marketing Inc. Workers Association (BCMWA):
Cansenaje, Jose Roland, president
Toleco, Julius, vice President
Dela Pena, Jonie, board member
Torrecarion, Remus, board member
Gacutan, Danilo, board member
Pelaez, Jose, board member
Berdin, Jimmy, board member
Reosura, Jomar, board member
Singson, Dohna, secretary
Amante, Roberto Jr., auditor
Descotido, Eduardo, treasurer
Union members
Camagos, Marlon
Claur, Edwin
Gutierrez, Evangeline
Guzon, Richard
Lim, Janeth
Secong, Jubany
Tenero, Rene
Abunyawan, Anthony
Adelantar, Jose
Aguilar, Roberto
Amante, Geovanni
Amante, Joseph
Amena, Thomas
Bayot, Alberto
Belo, Walter
Benedicto, Jenny
Bianes, Erwin
Cabayao, Rodolfo
Caminse, Melvin
Corasa, Jessie
Deopita, Romeo
Dorimon, Daniel
Dorimon, Davon
Edano, Fernando
Eladio, Danny
Estilo, Rene
Gan, Joemarie
Garcia, Allan
Garcia, Ray
Gelli, Bernie
Gepaya, Dennis
Hernane, Robert
Hiponia, Reynante
Layasan, Joemarie
Miranda, Reylan
Miranda, Reynaldo
Padilla, Fernando
Pelaez, Arnold
Pelaez, Ramon Jr.
Pelayo, Francis
Planilla, Danilo
Resuma, Rogelio
Rivera, Endrico
Rotas, Alfonsito
Sanita, Rolando
Tan, Alberto
Tibes, Belly
Tolentino, Charlito
Tolentino, Danny
All of them are members
Name of the company:
Bacolod Columbia Markerting Inc. (BCMI), a retail company in Bacolod City
Status of the case:
On November 9, 2012, the Department of Labour and Employment (DoLE) assumed jurisdiction on the labour dispute between the workers and the company. In its order, the DoLE ordered the company to: “resume operation and readmit all workers under the same terms and condition prevailing before the strike.”
I am writing to express my concern on the ongoing reprisals against the workers and union members of the BCMWA after they protested against the company, the BCMI, for unfair labour practices and union busting in October 2012. The workers, union members and leaders commenced a strike after 26 of their colleagues had been illegally dismissed by the company in September 2012.
While I welcome the DoLE’s intervention, by giving an order for the return of the workers to their work on the same terms and condition I have learned that the company had also implemented policies and orders defeating the purpose of the return to work order. This policies and order, to my understanding, are clearly repressive of the workers. I do not see any other reason why these policies are imposed against the workers but solely to force them into submission to their demands.
These reprisals include:
a) the workers were not allowed to work inside, but are routinely called outside the workplace for routine roll calls by security guards anytime they want;
b) their salaries are deducted if they could not present themselves in the roll call even though they had proof that they have punch “in” and “out” in the biometric records;
c) the company implements forced leave during holidays;
d) the company does not convert 5 days of incentive leave pay to cash, instead they are forced to take leave in exchange for the regular days;
e) their payroll has been reduced from 13 days to 11 days;
f) the company refuses to sign the workers Social Security System (SSS) and Pag Ibig loans;
Apart from this, the company issued another repressive order against the already suffering workers on March 4, 2013. The company hoarded the workers into 4×4 barricaded fences inside company compound in poor and humiliating condition:
a) they are forced to stay inside the fence;
b) Even after they punched “in” and “out” as proof of their attendance, they are routinely called by the security guards anytime they want;
c) they are prohibited from using the company’s toilets;
d) they are exposed to direct sunlight from 1pm onwards;
e) they are exposed to dust and engine combustion emitted by delivery truck trucks since the fence is located at the truck garage;
f) their pay is deducted once they fail to present their self during roll calls by the security guard.
This repressive and inhumane policy that the company is taking against the workers is completely unacceptable. I am shocked by how the company openly and deliberately defies the authority and the order of the DoLE.
I urged you to ensure that the DoLE’s return to work order dated are complied with by the company. In this case, the company’s repressive and inhuman policies must be stopped, and they must be punished for defying the DoLE’s order.
I trust that you take action in this case.
Yours sincerely,
————–
KINDLY SEND YOUR LETTERS TO:
1. Ms. Rosalinda Baldoz
Secretary of Department of Labor and Employment
7th Floor DOLE Bldg.
Intramuros, Manila
PHILIPPINES
Fax +63 2 3368182
Email secrdb@dolegov.ph
2. Hon. Benigno Simeon Aquino III
President Republic of the Philippines
Manila JP Laurel Sts, San Miguel Manila
PHILIPPINES
Fax: +63 273610101
Email op@presidentgov.ph
3. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
