Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Defend Job Philippines (DJP), a social movement working to promote the human rights of the urban poor in Manila, about the dismissal of the workers of Ming John Plastic Ware. The AHRC has also been informed that the workers were evicted from their homes, and that both the dismissal and eviction followed as a punitive response to their attempt of forming a union, an inalienable right of workers.
CASE NARRATIVE:
The owners of Ming John Plastic Ware Company have been continuously harassing and threatening union members and officers since 2 October 2017. They have also unjustly and illegally evicted them from their rented barracks. They have also demolished several dwelling units, leaving 12 families, including those of four women union officers, and their children homeless. The home of the union president (also a woman) is next for demolishment. These incidents are not only violations of workers’ rights, but a clear violence against women and children.
From July to September 2017, the company dismissed eight workers for various unjust, unfounded and bizarre reasons. Alex Lazaga was dismissed for drinking water, Clarissa Guntang was forced by the supervisor to resign because she is pregnant. Miziel Bustillos (union secretary), Josephine Guntang (President), Federico Guntang (Sgt. At Arms) and Oscar (member) were dismissed because the company knew that they were actively organising the workers into a union. The latest dismissal of Jervie Manlapaz and Ricardo Ortega (membership and grievance committee heads) came because they expressed their views during a meeting called by the manpower agency.
In January 2017, the workers learned from the company owner that the factory will close and will transfer to the province of Bulacan next year (2018). The workers were alarmed because the company did not assure them of their just compensation. This is the main reason for the workers to organize themselves and conduct mass meetings and consultations. They also started labor education campaigns for their fellow workers. Members of the union are machine operators, mixers, crushers, machine maintenance, drivers, pahenante, repackers and utility personnel in the plastic ware factory. They stand united for just wages, job security, 8-hour work days, and union rights.
Knowing their rights as workers, their determination to fight becomes stronger. Aside from the impending closure of the factory, the workers have long been enduring slavery like conditions. The normal working hours are 12 hours a day, without overtime pay, and their wages range from P350-400 a day, lower than the minimum wage in the National Capital Region. They are also not paid for the rest days and holidays, and have no social security. The employers have also not been contributing to the Philhealth and Pag-ibig funds, as mandated by labour laws in the Philippines. The company has also witnessed various incidents of work related accidents. The employers also force women workers to do domestic work in their houses, like baby-sitting, cleaning, laundry and cooking.
Under the Golden Stone manpower agency, a labor only contractor, workers are also treated like slaves. Workers have neither the right to ask questions about their wages and salary deductions, nor are they allowed to complain about horrible working conditions. The manpower agency forced them to sign a payroll stating that they are paid with minimum wage, and also blank resignation papers and memorandum of suspension. In addition, the Golden Stone agency often insults the workers and threatens them that it has ‘connections’ in the Department of Labor and Employment, and thus can continue with impunity.
Under the Duterte administration, these kinds of violations of workers’ rights are rampant, especially in the area of Valenzuela City. The labor inspection (compliance visit and joint assessment) conducted by the Department of Labor and Employment in the factories did not improve the condition of workers, but rather put workers’ jobs in jeopardy. Labor only contracting activities are also widespread all over the city, victimizing thousands of workers.
Workers have no other defense but to organize and to collectively demand better working conditions. Nevertheless, thanks to the power of a collective and painstaking struggle, the workers in Ming John factory succeeded in forming their union inside the factory. They are also supported by workers from other factories. Right now, their petition for certification election (to determine that their union is the sole and exclusive bargaining agent) is being heard by the Mediation Arbiter of the Department of Labor and Employment.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention to ensure action against dismissal and eviction of the workers of Ming John Plastic Ware Company.
The AHRC is writing a separate letter to the UN Special Rapporteur on the rights to freedom of peaceful assembly and association, seeking her intervention in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Ming John Plastic Ware Workers dismissed from work and evicted from home after forming a union
Name of the victims: Workers of the Ming John Plastic Ware company
Date and Time of the incident: October 2017, ongoing
Place of incident: The City of Valenzuela, Metro Manila
I am writing to you to express my concern over the dismissal and eviction of the workers of the Ming John Plastic Ware company. The owners of the Company have been continuously harassing and threatening union members and officers since 2 October 2017. They have also unjustly and illegally evicted them from their rented barracks. They have also demolished several dwelling units, leaving 12 families, including those of four women union officers, and their children homeless. The home of the union president (also a woman) is next for demolishment. These incidents are not only violations of workers’ rights, but a clear violence against women and children.
From July to September 2017, the company dismissed eight workers for various unjust, unfounded and bizarre reasons. Alex Lazaga was dismissed for drinking water, Clarissa Guntang was forced by the supervisor to resign because she is pregnant. Miziel Bustillos (union secretary), Josephine Guntang (President), Federico Guntang (Sgt. At Arms) and Oscar (member) were dismissed because the company knew that they were actively organising the workers into a union. The latest dismissal of Jervie Manlapaz and Ricardo Ortega (membership and grievance committee heads) came because they expressed their views during a meeting called by the manpower agency.
In January 2017, the workers learned from the company owner that the factory will close and will transfer to the province of Bulacan next year (2018). The workers were alarmed because the company did not assure them of their just compensation. This is the main reason for the workers to organize themselves and conduct mass meetings and consultations. They also started labor education campaigns for their fellow workers. Members of the union are machine operators, mixers, crushers, machine maintenance, drivers, pahenante, repackers and utility personnel in the plastic ware factory. They stand united for just wages, job security, 8-hour work days, and union rights.
Knowing their rights as workers, their determination to fight becomes stronger. Aside from the impending closure of the factory, the workers have long been enduring slavery like conditions. The normal working hours are 12 hours a day, without overtime pay, and their wages range from P350-400 a day, lower than the minimum wage in the National Capital Region. They are also not paid for the rest days and holidays, and have no social security. The employers have also not been contributing to the Philhealth and Pag-ibig funds, as mandated by labour laws in the Philippines. The company has also witnessed various incidents of work related accidents. The employers also force women workers to do domestic work in their houses, like baby-sitting, cleaning, laundry and cooking.
Under the Golden Stone manpower agency, a labor only contractor, workers are also treated like slaves. Workers have neither the right to ask questions about their wages and salary deductions, nor are they allowed to complain about horrible working conditions. The manpower agency forced them to sign a payroll stating that they are paid with minimum wage, and also blank resignation papers and memorandum of suspension. In addition, the Golden Stone agency often insults the workers and threatens them that it has ‘connections’ in the Department of Labor and Employment, and thus can continue with impunity.
Under the Duterte administration, these kinds of violations of workers’ rights are rampant, especially in the area of Valenzuela City. The labor inspection (compliance visit and joint assessment) conducted by the Department of Labor and Employment in the factories did not improve the condition of workers, but rather put workers’ jobs in jeopardy. Labor only contracting activities are also widespread all over the city, victimizing thousands of workers.
Workers have no other defense but to organize and to collectively demand better working conditions. Nevertheless, thanks to the power of a collective and painstaking struggle, the workers in Ming John factory succeeded in forming their union inside the factory. They are also supported by workers from other factories. Right now, their petition for certification election (to determine that their union is the sole and exclusive bargaining agent) is being heard by the Mediation Arbiter of the Department of Labor and Employment.
Thus, I urge you to ensure that the relevant authorities urgently
1. Take concrete action to reinstate all illegally dismissed Ming John Plastic Ware Workers and safeguard workers’ right to form unions and to collectively bargain.
2. Take action to stop the eviction of workers from their rented barracks and provide immediate and concrete assistance for those who lost their homes.
3. Take action to give remedy, especially to women workers and their children affected by the eviction and harassment.
4. Take action to abolish and penalize the illegal agency inside the Ming John factory.
5. Take action that the salary differential, unpaid rest day, holiday and overtime pay and social benefits shall be paid to all workers of Ming John.
6. Take action to ensure the orderly conduct of Petition of Certification Election
7. Take action to strictly implement all labor standards such as 8 hour work.
8. Ensure effective labor inspection towards compliance of labor rights and standards.
9. Implement the national minimum wage and abolish all forms of contractualization.
Sincerely,
_______
PLEASE SEND YOUR LETTERS TO:
1. Mr. Rodrigo Duterte
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Email: pcc@malacanang.gov.ph
2. Silvestre H. Bello
Department of Labor and Employment Secretary (DOLE)
Department of Labor and Employment (DOLE) Building,
Muralla Wing cor. General Luna St., Intramuros,
Manila, 1002,
PHILIPPINES
Fax: +63 2 336-8182
Email: secshb3@dole.gov.ph,
3. Joel B. Maglunsod
DOLE Undersecretary,
Labor Relations and Special Concerns
Department of Labor and Employment (DOLE) Building,
Muralla Wing cor. General Luna St., Intramuros,
Manila, 1002,
PHILIPPINES
Email: useclr@dole.gov.ph
4. Dir. Rowella V. Grande
CAMANAVA (Caloocan, Malabon, Navotas, Valenzuela) Field Office
5/F Araneta Square Center , Monumento Circle
Caloocan City
PHILIPPINES
Fax: +63 (2) 367-3188
Email: dole_camanava@yahoo.com
5. Coun. Ramon Encarnacion
Worker's Affairs Office (WAO)
Valenzuela City Action Center,
Mc Arthur Highway (beside Puregold Price Club),
Barangay Dalandanan
Valenzuela City
PHILIPPINES
EMAIL: waovalenzuela@gmail.com
6. Hon. Jose Luis Martin C. Gascon
Chairperson
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Email: chairgascon.chr@gmail.com
7. Dr. Rhodora M. Bucoy
Chairperson
Philippine Commission on Women
1145 J.P. Laurel St., San Miguel
Manila 1005
PHILIPPINES
Fax: +632.7364449
Email: edo@pcw.gov.ph
Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
