[APWSLMembers 215] Labor sector says ChaCha an attempt to do away with pro-worker provisions in the labor code

[Kilusang Mayo Uno]

KMU NEWS RELEASE
March 27, 2006

Labor sector says ChaCha an attempt to do away 
with pro-worker provisions in the labor code

The Kilusang Mayo Uno (KMU) said that part and 
parcel of the Charter Change are the unceasing 
attempts of the government to amend the 
Philippine labor code to do away with the 
provisions guaranteeing workers' rights.

KMU National Chairperson Elmer Labog said that 
these workers' rights that are feared to be 
removed includes the security of tenure, right to 
labor unions, right to collective bargaining 
agreement (CBA), right to living wage and others, 
"Even now that these rights are inherently given 
by the constitution, they are widely violated so 
how much more with the removal of the provisions guaranteeing these?"

Labog likewise slammed Finance Secretary 
Margarito Teves and some business groups for 
advancing the removal of the restrictive policies 
in the ChaCha  "to draw more foreign investment in the country."

The labor leader insisted that Malacañang's 
ChaCha which proposed the removal of the 
protectionist policies on the ownership of land, 
use and exploitation of natural resources, public 
utilities, education and mass media is tantamount to treason.

"With the intensification of globalization which 
has already caused massive job loss, local 
industries or what's left of it will die," Labog warned.

"This is exactly the reason why this government 
is hell-bent on jailing the workers' 
representative to the congress Crispin "Ka Bel" 
Beltran to neutralize pro-labor congressmen," said Labog.

Meanwhile the independent labor think tank 
Ecumenical Institute for Labor Education and 
Research(EILER) said, "Chacha is being pushed by 
the GMA government - in accordance with the 
demands of imperialism through their controlled 
multilateral instruments like the IMF, WB, WTO, 
etc. - to totally liberalize the Philippine 
economy, totally surrender our  economic 
sovereignty and surrender our national patrimony 
to imperialist exploitation, take-over and or control."

The group said that the principal points to be 
amended are the nationalist provisions of the 
basic law (Constitution) safeguarding  the 
mentioned points, "ChaCha will naturally amount 
to  legalizing the present anti-labor policies of 
multi-national companies and bourgoeis-comprador 
landlord firms intensifying  exploitation of 
Filipino workers  to increase the  profits of the former."

EILER also said, "It goes without saying that 
Chacha is also being employed by GMA to divert 
and or divide the broad united front of the 
Filipino people working for her ouster. By 
undertaking the process of Chacha, GMA hopes to 
gain the support of major political opposition 
groups to let her serve the remain of her 
presidential term, and thereafter give her 
another opportunity to  compete for power again 
under a parliamentary system in exchange of the 
oppositions remaining in power even without elections particularly in 2007."

After redefining the "unemployed", ULP next

The KMU also expresses apprehension that after 
the government's redefinition of the state of 
unemployment, the definition of the unfair labor practices (ULPs) will be next.

This is in line with the statement made by 
National Conciliation and Mediation Board (NCMB) 
executive director Hans Leo J. Cacdac seeking 
clear parameters on unfair labor practices (ULP) 
which he said would result to a decline in the said acts.

Labog said, "Clearly, this is a means to justify 
ULPs and to hide the fact that ULPs exist. This 
is just like the government's redefinition of the 
"unemployed" which drastically reduces the rate 
of unemployment in the country. But just 
recently, the jobless rate shot up to 8.1% 
unmasking the dim reality of the government's inutility to produce jobs."

As of March 15, three out of five work stoppages 
could have been prevented, said Cacdac, if there 
had been a "clear jurisprudence on unfair labor 
practices." The NCMB executive director likewise 
said, "My impression is
there has nor been a 
defined ULP jurisprudence, especially at the 
National Labor Relations Commission (NLRC)
There 
are cases  (filed) under the guise of ULP but 
mean something else, like recognition of unions."

Labog insisted that the parameters of ULPs are 
clear to the workers, "Sa pagtingin ng mga 
employers, malabo ang ULP pero palusot lamang 
ito. Ang masama, kahit ang ahensya ng paggawa ay 
madalas nagiging kasapakat ng mga kapitalista sa 
ULP. Dapat ang gobyerno ang nagpapaintindi sa mga 
kapitalista na may mga karapatan ang mga 
manggagawa at hindi parang ang gobyerno mismo ang 
nagiging tagapagsalita ng mga ito."

Meanwhile, Atty. Remigio Saladero of the 
Pro-Labor Legal Assistance Center (PLACE) said 
that since Cacdac is part of the NCMB, his 
statement on ULP is not surprising since 
redefining the parameters of ULPs will mean the 
strikable disputes will also be reduced.

Saladero also said that the recognition of unions 
which Cacdac is referring to as non-ULP, in 
practice, is always accompanied by actions that 
are under the parameters of ULPs such as 
retrenchment, harassment of union officials, 
withdrawal of benefits, suspension, and others.

Meanwhile, Labog said that redefining the 
parameters of ULP is another of the many tactics 
of the government in its tall tale of industrial 
peace in the country amidst heightened trade 
union and human rights repression. ###