Dear friends,
The Asian Human Rights Commission (AHRC) is forwarding to you an appeal from the Task Force Detainees of the Philippines (TFDP) – Luzon, a human rights non-government organization, regarding the plight of the workers employed by a Japanese-owned export firm who are presently on strike in Biñan, Laguna, Luzon.
It was reported that the firm, Nikko Materials Philippines, Inc. deployed at least one hundred security personnel to the area, where the workers have held protests, in an effort to intimidate them. They have also cut-off the water and power supply inside the company premises where the workers are currently protesting. Supply of food supposedly for the workers was also prevented from entering.
The protest began following the 3 October 2005 deadlock in the negotiation for the collective bargaining agreement (CBA), an agreement that stipulates a package of benefits for workers between Nikko Materials Workers Association of the Philippines (NMWAP) and its company, Nikko Materials Philippines Inc.
We request you to write letters to the Secretary of the Department of Labor and Employment (DoLE) to immediately assume jurisdiction, as stipulated in Article 263 (g) of the Labour Code of the Philippines, in an effort to settle the dispute between the two parties without delay. It must also initiate steps to stop and prevent the use of force, intimidation and unfair action by the company against the workers on strike.
If your have any further questions, please contact the TFDP Southern Luzon in the Philippines.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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URGENT ACTION
Task Force Detainees of the Philippines (TFDP)
Southern Luzon Region
29 S. Osmeña St., Brgy. Uno, Lucena City, Philippines
website: www.tfdp.org
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Workers rights are violated with impunity in Laguna Technopark
Case summary
Regular commuters to Biñan, Laguna and people inside of the Laguna Technopark may have noticed the presence of more than one hundred security guards at Nikko Materials Philippines, Inc., a Japanese-owned export firm. The reason: to demolish the picket set up by members of the Nikko Materials Workers Association of the Philippines (NMWAP).
The abrupt deployment of one hundred security guards at Nikko Materials Philippines and the petition for Assumption of Jurisdiction are the latest management schemes aimed to repress the workers strike, according to members of Nikko Materials Workers Association of the Philippines (NMWAP).
Under Article 263 (g) of the Labor Code of the Philippines, the Secretary of Labor and Employment may assume jurisdiction over a labor dispute and decide it or certify the same to the Commission for compulsory arbitration, when, in his/her opinion exists a labor dispute in an industry indispensable to the national interest.
On October 3, 2005, about two hundred sixty (260) workers of the Nikko Materials Philippines, Inc., a Japanese-owned export firm located at 117 East Science Avenue, SEPZ Technopark in Biñan, Laguna went on sit-down strike due to collective bargaining agreement (CBA) deadlock.
According to Darwin B. Valenzuela, president of the NMWAP, since June 14 of this year, the management and the union had thirteen negotiation meetings before the CBA negotiations bogged down. Of the 19-point demand of the NMWAP, the management is only amenable to discuss two items: the wage increase and the sick leave/vacation leave. The management offered a measly P25/day (measly less than $1) wage increase and a lump sum of P30,000 ($530.00) followed with a classic business claptrap that the offer stands only until September 9, 2005.
The NMWAP members fear that the management is trying to get rid of their organization and to employ seedier elements of management and labor adversaries to demolish their picket. Coupled with this fear is the belief that the assumption of jurisdiction by the Secretary of Labor would one way or another might bolster the managements decision and completely robbed the workers right to strike. Compounding these is the fact that the management had already cut the water and power supply inside the company and used blockades to prevent food and other supplies to enter company premises.
The Constitution unequivocally affirms labor as a primary social economic force and mandates the State to protect the rights of workers and promote their welfare (Section 18, Article II). In Laguna Technopark, labor laws are violated with impunity.
Studies and data obtained by NMWAP shows that the Nikko Materials has an outstanding P8 billion ($142.8M) profits earned during the period of 2002-2004. The workers’ total demand is about P80 million ($ 1.4M) for the period of 2005-2007. As things stand, when times are good, workers of Nikko Materials are the last to get their due. It is a trickle down effect where the neck of the bottle is clogged.
Action requested
Please write letters to express your concern about the treatment of striking workers at the Nikko Materials Philippines, Inc. located at 117 East Science Avenue, SEPZ Technopark in Biñan, Laguna. In your letters, please draw attention to the managements actions to repress the right of workers to peaceful assembly and right to strike. Please send letters in English or in your own language:
– asking the Secretary of Labor and Employment to settle the issues that resulted in the CBA deadlock and to come up with a counter-proposal completely agreeable to workers demand;
– expressing concern on the use of force and coercion by the management of the Nikko Materials Philippines to demolish the workers picket line;
– expressing concern that the striking NMWAP workers should not be terminated on the ground that they participated in the strike and their rights should be recognized and respected.
Send letters to:
1. Her Excellency Gloria Macapagal-Arroyo, President Republic of the Philippines Malacañang Palace, J.P. Laurel St., San Miguel, Manila
Telephone: (+632) 564 1451 to 80
Fax: (+632) 742 1641 / 929 3968
Email: corres@op.gov.ph / opnet@ops.gov.ph
2. Executive Secretary Eduardo R. Ermita
Office of the Executive Secretary
2nd Floor Mabini Hall, Malacañang Palace
J.P. Laurel Street, San Miguel, Manila 1105
Premiere Guest House
Telephone: (+632) 736 1076; 736 5359
3. Secretary Patricia A. Sto. Tomas
Department of Labor and Employment
Muralla Street corner Gen. Luna Street
Intramuros, Manila 1002
Telephone: (+632) 527 2116; 527 2118; 527 2120
Fax: (+632) 527 2121; 527 2131; 527 5523
e-mail address: osec@dole.gov.ph
Send copies to:
Hon. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue, Diliman,
Quezon City, Philippines
Fax: (+632) 929 0102
Email: drpvq@chr.gov.ph
and to diplomatic representatives of the Philippines accredited to your country.
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Thank you
Urgent Appeals Programme
Asian Human Rights Commission
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