15 revisting constitutional guarantees - prof. patricia r.p. salvador daway

8/9/2019 15 Revisting Constitutional Guarantees - Prof. Patricia R.P. Salvador Daway

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1. There is inherentinequalitybetween laborand capital/theworker and theemployer.


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2. The employer operatesmainly for profit/rightto reasonable returnon investments (Const.,Art. XIII, par./right toreasonable return oninvestments (Const.,Art. XIII, par. 4).


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3. The employer wouldalways find cost-cutting measures inorder to maximize hisprofits /managementprerogative(Right to regulate allaspects of employment)


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4. The first item thathe would look atwould be thelabor costs.


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5. Workers are thusmost vulnerable toabuses andexploitation.


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7. The law has tostep in to at leastlevel the playingfield.


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Constitutional Mandate:Full Protection


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Affirmation of labor as

a primary socialeconomic force

(Article II, Section 18)


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Full Protection Clause(Article XIII, Section 3)


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Cardinal, primary rights of

workers, organized or

unorganized

(Article XIII, Section 3,

paragraph 2)


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i. right to self-organization

ii. right to collective

bargaining andnegotiations

iii. right to peacefulconcerted activities,including the right to

strike in accordancewith law


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iv. right to security of

tenure

v. right to humaneconditions of work

vi. right to a living

wage


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vii. right to participate in

policy and decision-making

processes affecting theirrights and benefits as may

be provided by law


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10,29610,924

15,44416,091 16,723 17,132 16,778 17,021 17,305 17,484

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

1. Existing Unions

*as of June 2009


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339

489

910

647

777

492

371

260 279

180

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

2. Newly Registered Unions

*as of June 2009


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2,6872,518

2,7002,842

2,798 2,793

17421,542 1,456 1,430

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

3. Existing CBAs

*as of June 2009


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419386

588

415 399

459

536

318 307

225

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

4. New CBAs Filed

*as of June 2009


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734

623

752

606558

465

353 340 362254

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

5. Strike/Lockout Notices Filed

*as of October 2009


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60

43

3638

25 26

12

6 5 4

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*

6. Actual Strikes/Lockouts

*as of October 2009


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Numerous reported instances of:

killings

attempted murders death threats

abductions

disappearances

assaults


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torture

military interference in trade unionactivities

violent police dispersion of marchesand pickets

arrests of trade union leaders inconnection with their activities

widespread impunity for theperpetration of such acts


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Despite measures previously announced by the

Government to address the issues, few

improvements have been observed in practice

and there is an abysmal failure to investigateor prosecute the perpetrators of such

acts, leading to an ongoing climate of impunity

and impassivity in the face of continuing

violence against trade unionists.


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Also rampant are violent dispersal of workers

protests, intimidation, threats and blacklisting of trade

unionists; militarization of workplaces especially in exportprocessing zones (EPZs) and special economic zones, and

constant surveillance and harassment of trade unions

opposing the economic development model and their

leaders.


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There has been no information on any conviction

pronounced against the perpetrators and instigators of acts

of extreme gravity against trade unionists and thatkillings, abductions, enforced disappearances and other

violations of fundamental rights of trade unionists continue

to take place.


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All instances of violence against trade union members and

leaders should be properly investigated and that any

evidence of impunity should be firmly combated to ensure

the full and free exercise of trade union rights and theiraccompanying civil liberties.


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The workers also intend to seek ILO

investigations on the implementation of the "no

union, no strike policy" in export processing

zones.INQUIRER.NET, 14 SEPT 2008


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The ILO has asked the Philippines to investigateallegations of murder and abductions of trade

union leaders.

It also urged the government to train and orientpolice officers and soldiers on the rights of workers

to organize and to respect civil liberties.

REUTERS, 10 JANUARY 2009


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Left-wing workers' groups claim nearly 90 trade

and union leaders have been either abducted or

killed since 2001 when President Gloria

Macapagal-Arroyo came to power.

Official government records show about 35 cases.

REUTERS, 10 JANUARY 2009


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Police and security guards imposed blockade of

food supplies. Striking workers who went out of

the picket line to get food, water and clothing

supplies were already prevented from going back.

WORKERS ASSISTANCE CENTER, 26 SEPT 2006


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23 strike-related deaths., including union presidents: Diosdado Fortuna, murdered on his way home

Meliton Roxas, assasinated in front of the company gates.

Not a singe perpetrator apprehended.

Surveillance, harassment and other forms of

violence.

Violent dispersal by police, using water cannons.

Arrest and detention of union leaders.

PHILIPPINE DAILY INQUIRER, 11 DEC 2008

WORKERS ASSISTANCE CENTER, 26 SEPT 2006


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The DOLE assumed jurisdiction over a Labor Day strike of

PNCCs traffic and security personnel.

NCMB director is doubtful whether the activity is a strike or asimple activity to celebrate Labor Day.

The party-list group Partido ng Manggagawa (PM) expressed

support for the PNCC-Skyway workers and condemned thelabor department's assumption of jurisdiction order, saying it

indicates suppression of the strike.

INQUIRER.NET, 02 MAY 2007


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The power to assume jurisdiction of labor disputes is being

abused to weaken labor's bargaining power, PM Rep. Renato

Magtubo said.

DoLE's data that not a single strike was launched this year is

not a sign of industrial peace but of labor repression. This isthe peace of the grave with the right to strike being buried six

feet under the ground through the power to assume

jurisdiction.

Magtubo thus called for the rationalization of the power to

assume jurisdiction to protect the right to strike, bargain, andorganize. He said its use must be used only in essential

industries like electricity, water, and hospitals, be banned in

all other cases.

INQUIRER.NET, 02 MAY 2007


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Limit governmental intervention resulting in compulsory

arbitration to the essential services in the strict sense of the term

only.

What shall be deemed essential services? These may include:

Electricity

Water

Hospitals

Transportation services. However, falling into any of these categories does not automatically

transalat to being considered a n essential service. Every situation shall be

examined on a case to case basis, looking into such factors as size of the

workforce, among others.


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A. AWARENESS BUILDING

1. DIGNITY OF LABOR

just reward for their hard labor

rightful place in society as the primary social

economic force ( Art. II, Sec. 18)

2. SYMBIOTIC RELATIONSHIP BETWEEN THE

WORKERS AND THE EMPLOYER

Partners in nation building for the greatest

good of the greatest number (general

welfare)


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B. GOVERNMENT: FOCUSED PARTNERSHIP1. Need to sensitize government agencies, officials

and employees to the problems and concerns of

workers

to this end, rationalize government machinery for

the more effective enforcement and safeguarding of

workers rights

a. Adequate legal assistanceb. Access to courts and quasi-judicial bodies (Art. II, Sec. 11)

c. An efficient machinery to address graft and corruption in

the Labor courts


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B. GOVERNMENT: FOCUSED PARTNERSHIP

2. Areas of grave concern

a. Contractualization

b. Contract violation

c. Violations of human rights

d. Illegal recruitment


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B. GOVERNMENT: FOCUSED PARTNERSHIP

4. Attendant to the impact of

globalization, government should provide

more training activities and skills upgrading

if our workers are to remain competitive

in the market and be effective agents of

economic growth.


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C. PARADIGM SHIFT

Focus on the creation of jobs in the agriculture

sector.

The 1.5 million increase in the workforce (from

57.8M in 2008 to 59.3M in 2009) vis--vis

971,000 new jobs left a big percentage of

jobless young people. To date, our countryremains largely agricultural.


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To accomplish these and many other concerns, the

next administration should exhibit the

POLITICAL WILL to make a difference, no matterwho or what gets in the way


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We take this opportunity to reaffirm our concern

for the lowly worker who, often at the mercy of

his employers, must look up to the law for his

protection. Fittingly, that law regards him with

tenderness and even favor and always with faithand hope in his capacity to help in shaping the

nation's future. It is error to take him for granted.

He deserves our abiding respect

--CEBU ROYAL PLANT vs. DEPUTY MINISTER OF LABOR

G.R. No. L-58639 (August 12, 1987)


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How society treats him will determine whether

the knife in his hands shall be a caring tool forbeauty and progress or an angry weapon of

defiance and revenge. The choice is obvious, of

course. If we cherish him as we should, we must

resolve to lighten "the weight of centuries" of

exploitation and disdain that bends his back but

does not bow his head.

--CEBU ROYAL PLANT vs. DEPUTY MINISTER OF LABOR

G.R. No. L-58639 (August 12, 1987)

15 revisting constitutional guarantees - prof. patricia r.p. salvador daway

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