PNB retirees fight for pension and benefits

By Aldwin Quitasol

BAGUIO CITY-- Retirees of Philippine National Bank (PNB) branches in Baguio and Benguet demanded they be given benefits and compensation for their years of service just like other government employees in the country.
    In a peaceful mobilization Nov. 7, the group of PNB retirees converged on main streets of this summer capital saying they were participating in national day of action.
    They said the peaceful assembly joined by all retirees of all PNB branches in the country against what they said was unfair treatment they received in return for years they rendered to the bank.
    According to retirees, the PNB was employing delaying tactics in their supposed compliance to the decision of the Courts on the payment of the employees' Cost of Living Allowance (COLA) and Special Amelioration Allowance (SAA).
    The group also complained of illegal deductions of Government Service Insurance Service (GSIS) gratuity pay from their separation or retirement pay.
    They said the PNB paid separation or retirement pay based on their basic salaries before and after the privatization of PNB instead of last basic salaries.
    They assailed dissolution of their employees’ provident fund.
    The retirees said GSIS should pay retirement benefits and pension based on total years of government service.
    They also sought legislation granting them lifetime pension as former employees who they disclosed were forced to received gratuity pay arising from PNB's privatization.
    "Instead of a one-time gratuity from their 20 years of government service, PNB employees who received gratuity pay from PNB's privatization should be granted lifetime pension just like government employees who are receiving monthly pension after rendering at least 15 years of service," the former employees said.
    The group started walking from the top of Session Road down to Malcolm Square where they explained to the public why they held protest mobilization.
 
 

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Something rotten at BeGH/‘Undemocratic Baguio Charter’

 BEHIND THE SCENES

Alfred P. Dizon

EMPLOYEES of Benguet General Hospital in La Trinidad, Benguet are calling the attention of the Dept. of Health (DOH) and Gov. Diclas to immediately release the Health Emergency Allowance (HEA) of doctors, nurses, janitorial workers and guards who worked in risky conditions at BeGH during the Covid-19 period in 2020 to 2022.
    They said they have been waiting for the release of their HEA to no avail and would want an investigation why this is so. Some authorities are reportedly forcing them to sign quit claim papers so they will not pursue release of their HEA without receiving a single centavo.
    These people should be compensated for their hard, dedicated and risky work during the Covid-19 period. They are wondering where the funds went. Some are also asking if the HEA or Ayuda is taxable since this is what they are being told.
    Who are the persons responsible for this mess?
    Attention Provincial Board. A probe on this matter may unearth a Pandora’s Box which some authorities wouldn’t want to happen considering the BeGH is under the provincial government.
                ***
 (I would like to share this time a statement of Geraldine Cacho, chairperson of Tongtongan ti Umili- Cordillera Peoples Alliance (TTU-CPA) on the controversy regarding the Baguio City Charter):
Baguio City became a chartered city in 1909 as a direct result of the American colonial government’s goal of making a hill station in Northern Luzon. However, more than marking its territorial boundaries, the old charter became a formal precedent to what turned out to be a long-standing land problem in the city. With the townsite sales applications aimed at becoming the primary source of funding for the chartered city, ancestral lands were effectively snatched from original Ibaloi settlers. Further complicated by the rapid increase of commercial activity, privatization, and deteriorating ecology and carrying capacity, the worsening implications on the different sectors of the city demand a review of the old city charter. 
    This year’s Baguio City Charter Day is a reminder of the city’s unresolved issues that has festered throughout the years. In concurrence with the people of Baguio, Tongtongan ti Umili – Cordillera Peoples Alliance (TTU-CPA), calls for the need to repeal the Republic Act 11689, and asserts the crafting of a city charter that genuinely reflects the identity, aspirations, and demands of the people of Baguio.
I. Undemocratic
After Baguio Representative Marquez Go lobbied for his version of the Revised City Charter in 2021, the people of Baguio with its local city council raised an alarm as the Revised City Charter (Republic Act 11689) lapsed into law without any public consultations or exhaustive review of the proposed revisions. Besides the lack of stakeholder participation in its crafting, Go’s revised charter was found to be injudiciously detached from the issues that the city faces at present, adding no substantial rectification nor improvements from the previous version.
    The task of revising a century old charter requires the utmost participation of the stakeholders that would be most affected by its consequences. Bypassing a fundamental and crucial step can be maliciously construed as actively excluding the public’s involvement, especially considering that the revised charter was practically railroaded. The lack of proper and thorough consultation disallows the people of Baguio from registering their insights regarding the actual implications of the ambiguous provisions and other sectoral concerns that could have been relieved in the new charter.
    The insistence that a plebiscite is unnecessary not only undermines the people’s democratic participation, but also ignores the historical context and colonial inception of the original charter. It is a brazen irony to railroad the revision of the City Charter and pass it off as a move for the progress and welfare of the city and its people, when the 1909 Charter was enforced in a similar manner during the American occupation. Going through the process of consultation and involving the public would have been the opportunity to do right by the people of Baguio.
II. Poorly crafted
The bulk of RA 11689 is directly lifted from the Local Government Code (LGC), making it a repetition of already mandated regulations padded with vague provisions and generic statements that in no way addresses the complex and multi-faceted character of the City.
The statement on the United Nations Sustainable Development Goals (UNSDG) is perfunctory, to the extent that it appears to trivialize the City’s problems on cultural, ecological, and economic sustainability. With the expected results of the most recent UNSDG set by 2030, it is apparent that the Revised Charter lacks comprehensive and long-term development framework and objectives.
    Perhaps most fundamental to a city charter is the specification of the metes and bounds of the territory, which RA 11689 failed to incorporate a provision on. The lack of an updated and definite territorial boundary causes existing boundary disputes to persist and may cause friction between the local government unit and other adjacent municipalities. This is a vital part of a city charter that must be defined instead of relying on the obsolete boundaries set by the old charter.
Furthermore, the Camp John Hay Reservation (CJHR)’s land area, titled under the Bases Conversion Development Authority (BCDA), increased from the original 570 hectares to 625 hectares in the Revised Charter without any justification provided for such expansion. Communities that predated the arrival of the CJHR and BCDA are declared trespassers in their own spaces and facilities as the CJHR and BCDA encroach and overstep their jurisdiction.
    The undue declaration of the land area of the CJHR undermines Resolution 362 Series of 1994 which sets the 19 conditionalities in which the Master Development Plan of CJHR can operate. The refusal to honor these conditionalities disparages the efforts of the people who lobbied for this resolution and aggravates the dispute of the surrounding 13 barangays with BCDA. With the Revised Charter legalizing the expansion and giving BCDA full authority over the CJHR, regulation from the local government is reduced – placing the affected barangays in an enduring dilemma and even in the threat of displacement.
     Recently, the Supreme Court ruled in favor of the City in a case filed by the BCDA petitioning for businesses within the John Hay Special Economic Zone not duly registered with the Philippine Economic Zone Authority to be exempted from tax and permit fees. The petition was dismissed for lack of merit. Consequently, the BCDA filed a motion for reconsideration, now including in their supporting documents the provision in the Revised City Charter, implying that the expanded 625-hectare land area of CJHR and BCDA affirms the separation and distinction of the territory from the Baguio Townsite Reservation. This illustrates how the poorly crafted charter can be exploited, and counter the position of the City to exercise its power of taxation among others.
    In addition, the Revised Charter yields the proceeds of townsite reservation sales to national government funds instead of the City Treasury Office. This introduces a handicap to the city’s operations and capacity to pursue development initiatives and removes the city’s jurisdiction over its territories. 
 With the many insufficiencies and discrepancies of RA 11689, it is apparent that the effort to introduce an updated charter is lacking the genuine resolve to be of service to the constituents of Baguio and the City itself. Not only is the Revised Charter contradictory to local laws, it also contains provisions that could potentially harm the City if not urgently addressed.
III. Towards a charter for the people
While the old charter detached Baguio from its origins as an Ibaloi settlement, RA 11689 perpetuates the injustice as it fails to acknowledge this distinct aspect of the City. Any attempts of “preserving and restoring the historical heritage and value of the City” will be remiss and insincere as long as there is no recognition of the history, particularity, and evolving identity of the umili. Baguio City is now home to indigenous communities from other parts of Cordillera as a result of decades of migration, in addition to non-Igorot migrants from all over the country –a fact that should be recognized and addressed in the new charter.
    The Revised Charter’s provision on Ancestral Lands also relinquishes the City’s responsibilities to the National Commission on Indigenous Peoples in resolving decades-long pending ancestral land claims. Both formal and informal settlers are threatened by demolition while construction of high-rise condominiums and commercial infrastructures encroach on the already limited space of the city. Moreover, the City draws back on its services as the education center of the North as seen in the forsaking of the BIBAK lot as an affordable student dormitory for indigenous youth.  Along with conflicting territorial boundaries and the unjustified expansion of Camp John Hay Reservation, the Revised Charter only complicates the already convoluted land issue of the city. 
    Revising the 1909 Charter is less about improving and updating the document, but more of a chance to craft an entirely new charter that will genuinely benefit the City and its people, with all its demands and particularities considered. Ambiguous goals patterned from short-sighted programs does not compensate for the counterproductive provisions laid out in the Revised Charter. It should have been a given that a charter places the most priority on peoples’ rights and welfare. 
    The new city charter must be aligned with the umili’s genuine interest, providing concrete and lasting solutions to Baguio’s challenges regarding carrying capacity and limited resources while actively pursuing pro-people development.

 

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Night workers required to present birth certificates

BAGUIO CITY -- The local government will be requiring all business establishments with entertainers or night workers to mandate their employees to submit their duly issued and valid true or authenticated copy of their birth certificates and for them to have a true or authenticated copy of the same kept on file for purposes of inspections in compliance with their working permit applications in the city.
    Ordinance 74, series of 2023 amended Sections 1, 2 and 3 of Ordinance 102, series of 2003 which required all business establishments with entertainers and night workers to submit a true copy or authenticated copy of their birth certificates.
    The ordinance that will take effect on September 21, 2023 will cover all establishments with entertainers and night workers within the city, thus, no establishment with entertainer or night workers in the city shall employ any entertainer or night worker without a duly issued and valid true or authenticated copy of his or her birth certificate being presented and submitted.
    To legally protect minors and to prevent them from working in violation of the Labor Code of the Philippines, the duly issued valid certified true or authenticated copy of the birth certificate shall be presented to the Reproductive Health and wellness Center of the City health Services Office during their registration for work in night establishments.
    To eradicate child labor, protect working children, monitor employment of minors in all business establishments with entertainers or night workers and to prevent them from being exposed to hazardous places, the City Social Welfare and Development Office, Dept. of Social Welfare and Development – Cordillera Administrative Region, Dept. of Labor and Employment Cordillera and Baguio City Police Office can exercise visitorial powers and interview every employee in the establishment to determine their true ages and identify and require their health records.
    For the said purpose, a duly authenticated copy or a certified true copy of the birth certificate and any government-issued identification card of the employee shall be made available and be presented at all times to the members of the inspection team.
    In the exercise of the said visitorial powers, the body stipulated that it shall be necessary that the National Privacy Commission shall be consulted at all times in order to protect the personal information of employees in all business establishments with entertainers or night workers as provided under Republic Act (RA) 10173 otherwise known as the Data Privacy Act.
    Business establishments with entertainers or night workers found violating the pertinent provisions of the ordinance shall be penalized by a fine of P5,000 and revocation or forfeiture of business permit without prejudice to possible criminal and civil liability.
    Applicants who submit falsified birth certificates in their application for employment shall be prosecuted and be made liable under the provisions of the Revised Penal Code and other pertinent laws upon endorsement of the City Legal office of such violation to the Office of the City Prosecutor.

    Applicants who fail to submit their duly authenticated birth certificates shall not be issued working permits.-- Dexter A. See

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Regions 2, 3 RTWPBs set wage adjustment hearings

By Ferdinand Patinio 

Two regional wage boards are scheduled to hold separate public hearings on minimum wage adjustment on the salaries of private sector workers and domestic workers (kasambahays).
    In separate social media posts Wednesday, the Department of Labor and Employment - Regional Tripartite Wages and Productivity Boards (RTWPB) 2 (Cagayan Valley) and 3 (Central Luzon) are inviting employers, workers and other stakeholders to participate in the public hearings
    For those interested to join the activity in Region II, the public hearing will be held on Aug. 24 at 1 p.m. at the Claude Convention Center of the Cagayan State University, Andrews Campus in Caritan Sur, Tuguegarao City.
    There will also be separate workshops for workers in private establishments and for domestic workers
Parties who intend to participate to this hearing may coordinate with RTWPB-2 and may submit position papers at 3rd Floor, Andrews Building corner Blumentritt & Luna Streets, Centro 07, Tuguegarao City, Cagayan 3500 or thru email address rtwpb2@yahoo.com from Aug. 7-24, 2023.
    On the other hand, the public hearing in Central Luzon is scheduled on Sept. 4 from 1 p.m. up to 5 p.m. to be held at the Heroes Hall Mini Convention Center, Lazatin Boulevard., Barangay San Juan, City of San Fernando, Pampanga.
    Parties who intend to participate in the event may coordinate with RTWPB-3 at 0918-253-7930 or rtwpb3@yahoo.com.ph or may scan the QR code for confirmation of attendance. -- PNA 
 

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Aug. 25 work suspension up to private sector employers

By Ferdinand Patinio

 
The Department of Labor and Employment (DOLE) on Thursday said it is leaving to private companies the discretion if they will suspend work on Friday, August 25.
    This came as President Ferdinand R. Marcos Jr., in Memorandum Circular No. 27, suspended classes in public schools and work in government offices in Metro Manila and Bulacan next week, for the Aug. 25 opening ceremonies of the FIBA Basketball World Cup 2023 at the Philippine Arena in Bocaue town.
    “We always defer to the discretion of the private sector insofar as suspension of operations is concerned,” Labor Secretary Bienvenido Laguesma said in a text message.
    Laguesma said the government respects the management prerogative of private firms as long as these comply with laws, existing rules and regulations.
    At the same time, the DOLE chief noted that “no work, no pay” policy is implemented when an employee did not report to work on a day which was not declared a holiday.
    “The issuance is clear and self-explanatory so let's allow the private sector to make their judgment. You are very much aware of the complaints of firms, especially small ones, about too many holidays already and paid days without productivity,” the labor chief said.

“Remember in the private sector, the principle of 'no work, no pay' applies unless it's regular holiday or there's existing company policy beneficial to the workers,” he added. -- PNA

 

 

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Bontoc business owners found violating labor laws

By Shannon Anthea S. Pagaduan and Alpine Killa-Malwagay

BONTOC, Mountain Province – The provincial Dept. of Labor and Employment found business owners here in violation of labor laws among others.
    The DOLE found this out July 21 during inspection while imposing compliance of micro establishments to labor standards in the municipality.
     At the municipal capitol, DOLE Senior Labor and Employment Officer Leonardo Doguil said irregularities and non-compliance with rules were found during their inspection.
    He explained technical assistance visits are one of major components of the new inspectorate framework under DOLE Department Order 238, series of 2023, which allows labor inspectors to exempt MEs from inspection and instead provide developmental approach through this initiative.
    This allows them to undergo learning sessions to help them identify areas for improvement in labor laws compliance using standard checklists and action plans.
    The one-day activity aimed to monitor and assess the compliance of employers and businesses with labor laws and regulations; provide education and awareness to workers on their rights, responsibilities, and entitlements under labor laws; and gather valuable feedback and best practices from employers.
    Participants underwent a self-evaluation and assessment regarding their business labor and health standards.
    They will pass a self-correction report to DOLE within 90 days.
    Discussions on labor relations, general labor standards and occupational safety and health standards were part of the TAV session.
    Bontoc Mayor Jerome "Chagsen" Tudlong, Jr., in his message cited need for unity among Bontoc business owners who should support each other because they are all in business. 
    He thanked business owners for their contributions to the municipality's economic growth and development.
    Also present during the activity was Sangguniang Bayan member Peter Kedawen. 

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Electric coop illegally deducted pay of electric co-op employees

Congressional hearing findings 

The salaries of employees of the Isabela Electric Cooperative have been illegally deducted for payments to One EC MCO Network Foundation, a hearing in Congress discovered.
    Emilia de Guzman, supervising officer from the Department of Labor and Employment (DOLE), said the deductions violate DOLE Advisory No. 11 Series of 2014 on Non-Interference in the Disposal of Wages and Allowable Deductions.
    De Guzman made the statement during the joint hearing of the House committee on energy and committee on North Luzon growth quadrangle.
    Based on the said advisory, employers may only deduct from employee's wages those that are authorized by law, including insurance premiums, or if the deductions are with written authorization of employees.
    A joint affidavit filed by ISELCO-I employees revealed that without their consent, rank and file employees were being deducted P100 monthly, supervisors P150, department heads P200, general managers P500, and the board of directors P200.
    According to the affidavit, the forced remittances have reached a total of P1,549,750, which were collected from 2019 until 2022. 

Files retrieved from the Securities and Exchange Commission show that One EC MCO Network Foundation was established by officials of various electric cooperatives across the country.

 

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DOLE starts council for Ilocos construction trade

By Hilda Austria 

MALASIQUI, Pangasinan – The Dept. of Labor and Employment  reactivated the Regional Industry Tripartite Council for Construction to strengthen the industry in  Ilocos Region.
    In a phone interview on Wednesday, DOLE Ilocos regional information officer Justin Marbella said while no particular problem or issue is being encountered in the construction industry, there is the need to have it prioritized considering it is the key employment generator in the region.
    Marbella said the reactivated RITC will serve as an information network, specifically on labor relation issues and industry configurations at the appropriate level.
    “The RITC will also monitor compliance with sectoral commitments as embodied in national, regional, local, or industry tripartite accords. (It will likewise) ensure implementation of the action plan relative to the Philippine Decent Work Common Agencies,” he said.
    The council also assists concerned agencies in the identification of industries or establishments with potential for growth, and those which are likely to experience labor disputes or in need of appropriate responses with respect to the industry-specific concern, he added.
    RITC for construction is composed of elected officers out of the 100 management and labor representatives of various construction companies from the four provinces of the region.
    "The Construction RITC shall be instrumental to ensure the sustained social dialogue and collaborative networks between and among stakeholders in the construction industry," Assistant Regional Director Honorina Dian-Baga said in a statement.
    She said through the RITC, DOLE can initiate deeper engagement with the construction industry by soliciting inputs from labor and management representatives.
    DOLE urges more construction employers in employment facilitation programs, such as job fairs and the Special Program for Employment of Students.
    The elected officers were Joseph Padayao, Rommel Vivit, Rudy Ducusin, and Benedict Beguas as co-chairpersons for management and Demetrio Sabalburo Jr., Luis Ancheta, Ciriaco Ordinario III, and Analee Caberto as co-chairpersons for labor.
    Management representatives are John Quidez, Ferdinand Yago, Deo Angel Hipol, and Lester Aquino; while labor representatives are Analie Rania, Eddie Rodriguez, Jerelene Ligo, and Jemima Abata. (PNA)
 

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Ilocos workers get 3rd tranche daily wage hike

By Hilda Austria 

MALASIQUI, Pangasinan – The daily wage in the Ilocos Region is now P372 for establishments with one to nine workers and P400 for those with 10 to 29 employees starting March 1, as part of the third and final tranche of wage hike approved by the Regional Tripartite Wages and Productivity Board 1 (RTWPB1).
    In a virtual press conference on Wednesday, RTWPB1 secretary Romina Boado-Cabrillos said Wage Order RB1-21, approved last year, covers all minimum wage earners in the private sector within the region, regardless of their position, designation, or status and irrespective of the method by which their wages are paid.
    The order, however, exempts establishments in retail or service regularly employing not more than ten workers and establishments adversely affected by natural calamities or human-induced disasters, she added.
    The third and final tranche of the daily wage hike in the region imposes a P400 minimum daily wage in establishments with ten or more employees and P372 for those with one to nine employees in the non-agriculture sector.
    While, in the agriculture sector, the minimum daily wage now for non-plantation and plantation is P372.
Cabrillos said the first tranche of the wage increase was implemented on June 6, 2022, and the second tranche was on Dec. 1, 2022.
    She also warned employers who will violate the wage order will be penalized with a "fine not less than P25,000 nor more than P100,000 or imprisonment not less than two years nor more than four years and payment equivalent to double the unpaid benefits owing to the employees.”
    Meanwhile, Department of Labor and Employment (DOLE) Ilocos regional director Exequiel Ronie Guzman, also the chair of the board, vowed that the agency will monitor the implementation of the wage order.
    “DOLE is investing resources and time in the implementation because it is our primary mandate to look after the welfare of the workers,” he said.
    For the first two tranches of the wage order, the DOLE recorded a 93.65 percent compliance of the establishments in the region.
    “The enforcement program is continuing and revitalizing the enforcement framework. We hope that this year the compliance rate will increase with the full opening of the economy as the restrictions have been lifted, we expect a boost in the economy,” he said.
    He added that they hope the employers would have already recovered their losses in the past few years and attained a higher compliance rate.
    Guzman said they will change the framework for inspection this year in consideration of micro, small, and medium enterprises (MSMEs).
    “We will provide them with technical assistance visit. It is another type of inspection with an opportunity for MSMEs who are not compliant to give them to comply. We are not going to police them it is a developmental approach in assisting them eventually lead to the income of their businesses, which is a source of profit for the wages of the workers but we will still enforce minimum wage,” he said.
    He added that 99 percent of the establishments in the region are MSMEs that were adversely affected by the pandemic. -- PNA
 

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DoLE cites SNAP for workers' safety

Leander C. Domingo

RAMON, Isabela -- The Dept. of Labor and Employment (DoLE) has awarded the prestigious Gawad Kaligtasan at Kalusugan (GKK)-Nationals to renewable energy solutions provider SN Aboitiz Power (SNAP) Group in a ceremony on November 23.
    SNAP representatives personally received the trophies from Labor Secretary Bienvenido Laguesma. SNAP has been consistently recognized by the GKK for commendable occupational safety and health (OSH) practices.
    According to Laguesma, GKK is the most prestigious award for health and safety in the industry, commending the participants for their collective contributions to uphold the labor department's advocacy and help build the future of OSH in the country.
    For years, the DoLE has lauded the best establishments and individuals in terms of OSH and environmental programs and policies through GKK.
    It said only regional champions are eligible for the national recognition; SNAP-Benguet and SNAP-Magat were awarded champions of their respective regions earlier in November, and that SNAP-Benguet's Ambuklao hydroelectric power plant (HEPP) was recognized as a national industry champion in OSH, while both Binga HEPP and SNAP-Magat's Magat HEPP also bagged Silver Awards.
    According to the Labor department, Hollis Fernandez, SNAP-Benguet assistant vice president and plant manager also received the Silver Award in the individual category for his exemplary contributions to OSH.
    Jayne Consolacion, Corporate Communication, PR and Branding specialist, said the awards reaffirm SNAP's commitment to going above and beyond in creating effective and innovative programs to ensure the health and safety of their workforce and continually create meaningful impact in communities.
    Joseph Yu, president and chief executive officer of SNAP Group, said, "as one of our core values, safety is truly ingrained in SNAP's culture," adding that the national recognition speaks to their efforts and commitment so far and drives them to innovate and work even harder.
    "We will keep raising the bar in occupational safety and health, and building resilience in our employees and communities through our programs," Yu said.

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NLRC tells Banaue coop: Pay back workers’ wages

BAYOMBONG, Nueva Vizcaya --- The National Labor Relations Commission (NLRC) has ordered Tam-an Banaue Multipurpose Cooperative (TBMC) to pay P1,049,545 in back wages, allowances and other benefits to three employees who claimed they were illegally dismissed.
    The cooperative is ordered to compensate Pepsi Altamirano who is entitled to an amount of P335,357; Jenni Camarillo who is entitled to P335,357; and Ruel Altamirano who is entitled to P378,829.
    On Aug. 26, 2021, the employees filed a case against TBMC for nonpayment of overtime pay, holiday pay, separation pay and social security system, PhilHealth and Pag-IBIG contributions benefits.
    They also sought payment of separation pay, moral and exemplary damages, and attorney's fees for being illegally dismissed.
    The decision of the NLRC Second Division dated Sept. 30, 2022, was ordered by Commissioner Charmalou Aldevera and concurred by Presiding Commissioner Julia Cecily Coching Sosito and Commissioner Nicolas Nicolas.
    In her decision, Aldevera said the complainants were placed on floating status for at least 17 months when they filed their complaint on Aug. 26, 2021, or for at least 19 months before TBMC resumed operation in November 2021.
    Citing Article 301 of the Labor Code, the decision said "complainants should have been either reinstated or permanently retrenched within six months from March 17, 2020."
    "Respondents are held liable for constructive dismissal on Sept. 18, 2020 because they did not reinstate or permanently retrench complainants during the six-month period mentioned (i.e. from March 17 to Sept. 17, 2020)," the decision said.
    Aldevera added that having been illegally dismissed, "complainants are entitled to reinstatement without loss of seniority rights and other privileges and to full back wages, inclusive of allowances and other benefits or their monetary equivalent computed from the time their compensation was withheld up to the time of their actual reinstatement."
    However, Aldevera also noted that since complainants also prayed for an award of separation pay instead of reinstatement, hence, they are no longer entitled to reinstatement.

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NLRC to Banaue coop: Pay workers’ wages

BAYOMBONG, Nueva Vizcaya --- The National Labor Relations Commission (NLRC) has ordered Tam-an Banaue Multipurpose Cooperative (TBMC) to pay P1,049,545 in back wages, allowances and other benefits to three employees who claimed they were illegally dismissed.
    The cooperative is ordered to compensate Pepsi Altamirano who is entitled to an amount of P335,357; Jenni Camarillo who is entitled to P335,357; and Ruel Altamirano who is entitled to P378,829.

    On Aug. 26, 2021, the employees filed a case against TBMC for nonpayment of overtime pay, holiday pay, separation pay and social security system, PhilHealth and Pag-IBIG contributions benefits.
    They also sought payment of separation pay, moral and exemplary damages, and attorney's fees for being illegally dismissed.
    The decision of the NLRC Second Division dated Sept. 30, 2022, was ordered by Commissioner Charmalou Aldevera and concurred by Presiding Commissioner Julia Cecily Coching Sosito and Commissioner Nicolas Nicolas.
    In her decision, Aldevera said the complainants were placed on floating status for at least 17 months when they filed their complaint on Aug. 26, 2021, or for at least 19 months before TBMC resumed operation in November 2021.
    Citing Article 301 of the Labor Code, the decision said "complainants should have been either reinstated or permanently retrenched within six months from March 17, 2020."
    "Respondents are held liable for constructive dismissal on Sept. 18, 2020 because they did not reinstate or permanently retrench complainants during the six-month period mentioned (i.e. from March 17 to Sept. 17, 2020)," the decision said.
    Aldevera added that having been illegally dismissed, "complainants are entitled to reinstatement without loss of seniority rights and other privileges and to full back wages, inclusive of allowances and other benefits or their monetary equivalent computed from the time their compensation was withheld up to the time of their actual reinstatement."
    However, Aldevera also noted that since complainants also prayed for an award of separation pay instead of reinstatement, hence, they are no longer entitled to reinstatement.
 

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2 Ilocos gov’t agencies adapt 4-day workweek

By John Michael Mugas

LAOAG CITY, Ilocos Norte — Two government agencies in Ilocos Norte province started to adapt a four-day work scheme, in accordance with the new policy of the Civil Service Commission (CSC) which was issued on May 18 but took effect only on June 15.
    The policy sought to “institutionalize flexible work arrangements as part of the nationwide effort to transition from a state of public health emergence to the new normal,” the CSC said. Government operations would not be hampered and that the public services would remain to be efficiently delivered, added the CSC.
    In Batac City, the state-run Mariano Marcos State University announced Saturday, June 25, in a memorandum issued by university president Shirley Agrupis, that beginning June 27, the rules on flexible working arrangements.
    The university said employees are expected to be at work from 7 a.m. to 6 p.m. for four days.
    This would still complete the 40-hour work that government employees should render in a week, the university said.
    The university would be implementing a work-shift arrangement so that offices and colleges in the university would continue to be manned from Mondays to Friday. Colleges would also assign officers-of-the-day every Friday to “accommodate academic concerns.”
    The scheme, however, would not apply to faculty and staff of the Graduate School, College of Law, College of Medicine, and security, medical, and general services personnel because of the “nature of their operations.”
    In Piddig town, the local government had also started to implement the shortened workweek on June 21. Other than being a mechanism to improve productivity, the scheme was also meant to help employees save on costs amid rising commodity prices, such as fuel and electricity.
    The indefinite pilot compressed workweek scheme at the town begins at 7:30 a.m. to 6 p.m.
    Exempted from this arrangement are those who work in healthcare and janitorial services, and those in radio communication.
    In an interview with state-run Philippine News Agency, Mayor Eduardo Guillen said that the “four-day work is also in anticipation of a looming food crisis” as he encouraged the employees’ Friday off to “establish their own food garden.”
 

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Ilocos, Cagayan valley wage hike approved

Minimum wage earners in three more regions in the country will receive an increase in their daily take-home pay, the Department of Labor and Employment reported Thursday.
    Rolly Francia, DOLE Information and Publication Service director, said the Regional Tripartite Wages and Productivity Boards in Ilocos, Cagayan Valley and Caraga granted petitions for salary hike.
In Ilocos Region, the wage board approved daily wage increases ranging from P60 to P90 to be given in tranches.
    Francia said this means the minimum wage in Ilocos will range from P372 to P400 from the current P282 to P340.
    He said the wage board also granted an increase of P500 to P1,500 in the monthly salary of house helpers in the region.
    Domestic helpers in cities and first class municipalities will receive a minimum salary of P5,000 while those in other municipalities will receive P4,000.
    DOLE regional office director Evelyn Ramos said both management and the labor sectors are amenable to the wage increase, which was described as ”substantial.”
    Ilocos Sur, Ilocos Norte, Pangasinan and La Union comprise the Ilocos Region.
    In Cagayan Valley, Francia said the regional wage board approved pay hikes ranging from P50 to P75 to be given in two to three tranches. This will increase the daily take-home pay of workers in the region from P345 to P370 to P400 to P420.
    Workers in Batanes, Cagayan, Isabela, Nueva Vizcaya and Quirino as well as the cities of Cauayan, Ilagan, Santiago and Tuguegarao are covered by the wage order.  – Eva Visperas
 

 

 

 

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Bontoc gives hazard pay to disaster workers

By Alpine L. Killa

BONTOC, Mountain Province – Regular employees of the Municipal Disaster Risk Reduction and Management Office of municipal government here are now entitled to hazard pay. 
    The Sangguniang Bayan passed ordinance 330, s. 2021, granting bonuses and allowances (hazard pay) to regular employees of the MDRRMO. 
    The ordinance said MDRRMO personnel stake their lives to give humanitarian assistance or save the lives of those affected by calamities. 
    Mayor Franklin Odsey approved the ordinance recognizing said employees are among the human resource of the local government exposed to hazardous work areas as they attend to emergency operations where their lives are placed at risk. 
    He added the hazard pay is equitable compensation for services they provide.
    The ordinance stated all regular employees of the MDRRMO shall be entitled to the hazard pay which shall be P1, 000 per month regardless of their period of exposure. 
    It was stipulated in the ordinance that affected personnel shall be entitled to receive their hazard pay starting February 2021 irrespective of the date of its approval and affectivity.
    Section 3, Article 8 of the 1987 Constitution provides that the State shall protect labor, promote full employment, provide equal opportunities regardless of gender, race, or creed and regulate employee-employer relations.
    DBM national budget circular 451, series of 1996 provides compensation premium or allowance may be provided for officials and employees, who, because of the nature of their work, are exposed to hazards.
    The municipal ordinance passed by the Sangguniang Bayan was sponsored by Councilors Jerome Tudlong, Jr., and Alsannyster Patingan

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Parking revenue deficit delays collectors’ pay

By Jordan Habbiling

BAGUIO CITY -- The 39 parking attendants  hired by the city government in charge of collecting parking fees within the central business district have not yet received their salaries since April 16 due to revenue deficit.
    Engineer Januario Borillo, Transport Management Division chief of the City Engineering Office, told the Baguio City Council during last Monday’s regular session that the closure of Session Road every Sunday and suspension of parking operation along Kayang Hilltop Road in the wake of the pandemic significantly reduced the city’s revenue of pay parking fees in designated roads within the CBD.
    The 2-hour free parking of senior citizens pursuant to ordinance 149-2020 also accounts for the reduced parking revenue, Borillo said.
    By virtue of the ordinance, pay-parking along Session Road, Kayang Hilltop Road, and other streets/roads has been legalized to remedy traffic woes in the CBD such as disorganized parking and rampant obstruction.
    Collection of parking fees in these designated streets starts 7 a.m. until 7 p.m. with parking attendants having two working shifts which are 7 a.m. -2 p.m. and 2 p.m. to 7 p.m. 
    Under Ordinance 68-2020, 40% of the total collection of parking fees is set aside for salaries and benefits of parking attendants.
    The 60% is remitted to the City Treasury Office as an additional income of the city.
    Borillo said 40% of the total collection no longer suffices to pay the parking attendants and that a different profit-sharing scheme should be applied to offset the deficit.
    “Maybe we can do away with the 40-60 sharing scheme. We ensure first the salaries of the parking attendants and their other needs. Whatever amount left will be remitted to the city government,” Borillo said.
    Councilor Benny Bomogao has previously filed a proposed ordinance suspending the provision of Ordinance 68-2020 prescribing the 40-60 sharing scheme.
    The proposed ordinance has been approved on first reading. Before it takes effect, the ordinance should first hurdle the second and third and final reading and should be approved by the city mayor.
    The matter has been referred to the sanggunian’s committee on public utilities, transport, and traffic legislation chaired by Bomogao for further study.

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Baguio VM pushes legal help for sued city workers

By Jordan G. Habbiling

BAGUIO CITY – The vice mayor here is pushing a local law for the city government to provide city government and barangay workers lega assistance if they are sued while in performance of their official functions.
    In his proposed ordinance, Vice Mayor Faustino Olowan sought help of the City Legal Office for legal counselling, preparation of pleadings, representation to the courts/tribunals/quasi-judicial bodies/other special bodies, and other legal assistance to barangay officials and city government employees.
    Barangay officials include elected officials, appointed secretaries, appointed treasurers, tanods, health workers, barangay nutrition action officers, and barangay human rights action officers.
    The ordinance shall not apply if the case is between or among barangay officials, city officials, and/or employees and if there is conflict of interest clearly identified by the concerned office.
    The budget shall be formulated by the City Legal Office and shall be incorporated in the yearly budget of the said office subject to accounting/auditing rules and approval of the Sangguniang Panlungsod. The city legal officer shall coordinate with the city budget officer for the fund allocation within five days from the approval of the ordinance.
    Likewise, the CLO shall be tasked to prepare rules and regulations of the ordinance.
    Olowan invoked Section 458 of the Local Government Code or Republic Act No. 7160 which mandates the Sangguniang Panlungsod to “provide legal assistance to barangay officials who in the performance of their official duties or on occasion thereof have to initiate judicial proceedings or defend themselves against legal action.”
    The same law states that the city legal officer shall perform other functions and exercise other powers subject to local legislation.
    The vice mayor said there was no specific provision of the code prohibiting the City Legal Office from representing the city government’s rank-and-file employees sued by virtue of their official functions.
    Rank-and-file employees are those who are not in any managerial positions.
    The proposed ordinance was approved on first reading and was referred to the committee on ethics, governmental affairs and personnel for further study.

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Laoag job order, contract workers get gratuity pay

By Leilanie Adriano 

LAOAG CITY – Some 473 job order and contractual workers of Laoag’s city government will receive a gratuity pay of up to P3,000 for their services this year.
    In an announcement on Tuesday, City Administrator Roxanne Lee Castro said the government employees thank President     Rodrigo Duterte and city officials for approving the gratuity pay that would further inspire workers in serving the government.
    Duterte has approved the release of funds to cover the gratuity pay of job order and contractual workers for 2020 through Administrative Order (AO) 38.
    The city government has 1,177 employees, 418 of whom are under contract of service, 29 are contractual personnel, and 26 are casual employees.
    Based on Duterte’s order, all job order and contractual workers who have rendered at least four months of service as of December 15 would receive a gratuity pay not exceeding PHP3,000 each.
    Meanwhile, some 704 regular employees of the city government have received P10,000 each as productivity enhancement benefit while all barangay chairmen, treasurers, and secretaries in the city’s 80 barangays were given a P3,000 allowance each.
In the face of the pandemic, Mayor Michael Keon said many people are facing a difficult time earning a living, hence, the need to share more with the needy. -- PNA 

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Lumads escape abusive employer in Pangasinan

By Sherwin De Vera

BAGUIO CITY — Thirty-two Lumads, including a couple with two kids, belonging to the Manobo-Pulangihon tribe of Quezon, Bukidnon escaped from their abusive employer in Sual, Pangasinan on June 30 according to a factsheet sent by the Unyon ng mga Manggawa sa Agrikultura (Agriculture Workers Union or UMA).

The group escaped in the middle of the night from the aquaculture farm of a certain Arian Hao, whom they described as a “very strict and despotic” landlord. They walked by the shore, bypassing four security guards. They chanced upon a bus passing by that allowed them to ride to Cubao without any money. UMA took responsibility and paid for their transport, and brought them Commission on Human Rights.

Based on the victims’ account provided by UMA, Danny Talisan, a fellow Lumad and Rizalinda de Felix from Pangasinan recruited them to work, promising P7,500 monthly pay with one month advance, and free food and housing.

However, the recruiters did not provide the one-month advance payment prior to their departure. De Felix, who accompanied them in their travel made repeated excuses until they arrived in Pangasinan, where they immediately worked in the aquaculture farm located in the open seas.

The Lumads worked as fish feeders and harvesters for almost two months. They tended two parcels of fish pens, covering about 100,000 square meters in the open seas. Every day, they harvest more than 19,000 kilos of bangus. They also doubled as loaders and cleaners. Work runs from 6:00 in the morning, under the heat of the midday sun and up to 7:00 in the evening.

Despite being exhausted, the victims said their supervisor, a sibling of their employer do not allow them to rest. Someone fetches them at nighttime and brings them to walled and guarded dwellings that require passes before anybody can leave the house. Rest can only come after they carried and finish loading 200 sacks of fishmeal for the following day. They also experienced physical abuse and many got sick from the miserable working conditions.

The owner only paid them P1,800 citing deductions for their food usually composed of one fried or boiled egg with three pieces of fried fish, and sometimes munggo. Worse, there are those reported not receiving any pay at all.

Prior to their departure from their work in Sual, the group asked for assistance to get out of their terrible situation. They coursed their plea through Organisasyon sa mga Yanong Obrero sa Bukidnon (OGYON), a local chapter of UMA. OGYON, in turn, informed and alerted UMA to help.

UMA chairperson Antonio “Ka Tonying” Flores said that the individuals were working as tapasero (cane cutter) in the sugar cane plantation. 

“They are forced by circumstances to leave their village, to look for better pay than the slave-like wages they are getting in Bukidnon,” he explained.

The UMA leader disclosed that the farmers are in a land dispute against the Montalvan estate who wants to lease their ancestral lands to pineapple plantations. Quezon Mayor Pablo Lorenzo owns part of the land, the Rancho Montalvan.

“They are also victims of forced surrender campaigns, rather than succumbing to military pressures, they took the offer to leave their militarized village without knowing what they are really going into,” Ka Tonying added.

He also called on the Department of Labor and Employment and National Bureau of Investigation must act at once to close down the illegal and exploitative operations of Hao and put him and his recruiters behind bars. -- Nordis

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DOLE to sanction Chico contractor; hearing set

PINUKPUK, Kalinga -- The Dept. of Labor and Employment Cordillera is set to sanction the Chinese contractor of the huge Chico River Pump Irrigation Project here along the Chico River and areas it passes through for not submitting requirements to the DOLE.

In Baguio City, Exequiel Ronie Guzman, Dole regional director, said the Chinese company behind the P4.37-billion CRPIP did not submit documents required by the agency saying these should be given before work begins. 

A hearing on the matter at the Dole Cordillera office in Baguio was set next week.

Guzman said they investigated the matter two weeks ago and the Chinese reportedly admitted they did not have alien employment permit (AEP) and safety health program.

“These were the two areas where we saw the Chinese company committed major violations which they need to comply with. They also failed to show their corresponding pick-up license which is required being the contractor of the project," said Guzman.

Pick-up licenses are special licenses foreign companies need to comply when contracting with the Dept. of Public Works and Highways.

“We already had two hearings in Kalinga and since they could not comply, the case was forwarded to our regional office."

CRPIP is the first large infrastructure project financed by China under President Rodrigo Duterte's "Build, Build, Build" program.

According to the Philippine Contractors Board license, groups were questioning the constitutionality of the loan agreement between the Philippines and China and pushing to get a temporary restraining order.

Speculation over the Chico River stemmed from constitutionality of making patrimonial assets as collateral, as well as agreements on automatic appropriation as the deal takes away the power of the purse from Congress.

The 20-year loan deal for the CRPIP was signed by Ambassador Extraordinary and Plenipotentiary of China Zhao Jianhua and Finance Secretary Carlos Dominguez III in April 2018.
The project seeks to create canals, diverting the water from the Chico River into different areas in Tuao and Piat in Cagayan and Pinukpuk in Kalinga.
"If they will not submit and comply with the requirements for alien employment permit, we will report them to the Bureau of Immigration and Deportation for possible sanctions. So it will be the BID who will take responsibility of whatever violations they may have committed because all foreigners who work in our country needs to secure an alien employment permit," Guzman said.

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