Senator Joel Villanueva on Thursday urged President Rodrigo Duterte to certify as "priority and urgent measure" the bill seeking to guarantee security of tenure of workers following what he saw as skirting of the labor code by NutriAsia and the Philippine Long Distance Telephone Company after a hearing on the issue.
“In my mind, yes,” Villanueva said when asked directly whether the two companies skirted the labor code.
“Wittingly or unwittingly, they believe it or not, klaro na may pang-aabuso na nangyari. Klaro na may problema sa ambigwidad ng mga patakaran, protocols, at maging ang ating batas.”
He admitted that there is no commitment from Malacanang yet about the measure, but expressed confidence given the President’s statement during his State of the Nation Address.
“So far, sa akin wala po but I take it noong State of the Nation Address na ito ang nais ng Pangulo, klaro na sabi niya na magpasa ang Kongreso ng isang batas na tutuldok sa kalabisan o evils of contractualization,” he said.
NutriAsia
During the hearing, Villanueva asked representatives of unions from NutriAsia and PLDT regarding their status of employment.
Reynante Gudinez, a representative of Nagkakaisang Manggagawa ng NutriAsia, said that he has been working at NutriAsia’s Marilao plant for 10 years.
He said his job revolves on the weighing of ingredients and believes that his job at the plant is “crucial for the company.”
He was, however, not hired directly by NutriAsia but employed by its toll packer/service provider, B-Mirk Enterprises Corporation. He said his salary was also cut by B-Mirk to pay for contributions for the Social Security System, PhilHealth, PAG-IBIG, among others.
When Villanueva asked if they had a supervisor who oversees their job in the plant, Gudinez said they did — a regular employee of NutriAsia.
NutriAsia president and chief operating officer Angie Flaminiano contended that the DOLE affirmed B-Mirk as a legitimate contractor.
Asked what jobs qualify as part of NutriAsia's core business, Flaminiano answered these are jobs relating to the formulation of its products and manufacturing/ cooking, and those that involve confidentiality, proprietary information, and trade secrets.
She said jobs like that of Gudinez are not part of their core business.
PLDT
On the other hand, Dan Joshua Nazario, president of PLDT Organization of Worker and Employees for Rights, said he was working for PLDT as a customer service representative for two years but he was hired by its contractor, SPi CRM.
He said his salary was also being cut due to mandatory contributions and that for two years, his salary has not been adjusted.
Nazario said there are employees like him in the company who have worked for almost 10 years but have not also received a salary adjustment.
He stopped working when PLDT terminated its contract with SPi CRM after the Department of Labor and Employment ordered the company to regularize more than 7,000 workers working under its contractors.
PLDT human resources head Menardo Jimenez, Jr., said DOLE issued a cease and desist order against SPi CRM, the reason Nazario and other personnel were laid-off.
Senator Nancy Binay asked DOLE if it can make arrangements so that SPi CRM employees can continue working while PLDT is dealing with the regularization issue.
“August na, next month September na, magpapasko na. Ang sitwasyon may cease and desist kayo, nakakuha ang PLDT na hindi nila kailangang i-regularize sina Mr. Nazario at mga kasamahan niya. In the meantime sila itong sobrang kawawa sa buong sitwasyon, sila ang walang trabaho, hindi nila alam kung maligaya ba ang Pasko nila,” Binay said.
“Hindi po ba pwede na for the meantime, payagan muna natin si PLDT na ituloy ang kontrata sa SPi habang meron kayong problema sa korte, para lang magtuloy at kahit papano ay may pagkukuhanan sila ng pagkakakitaan?” she asked.
DOLE decision
Labor Undersecretary Joel Maglungsod said they will stand by their decision.
“Pwedeng itanong n’yo yan sa PLDT pero sa amin e paninindigan namin ang desisyon namin,” he said.
“Ang bola kasi ngayon andun sa PLDT. Malinaw ang order ng DOLE, PLDT you have to regularize, 7,000 plus workers at ikaw SPi cease and desist. Ang sitwasyon ngayon nasa PLDT na paano i-handle dahil nakikita naman ang epekto. Huwag nilang sisihin ang DOLE dahil tumutupad lang kmai kung ano ang mandate namin,” he added.
He said DOLE is providing affected workers minimum assistance which is being processed now.
In response, PLDT spokesman Ramon Isberto contended that a Court of Appeals ruling "sets aside the regularization orders with respect to several functions that includes among others IT firms and services and call centers."
"We are still studying the CA ruling to determine the Company's appropriate next steps," he told GMA News Online. —with Ted Cordero/JST, GMA News
“In my mind, yes,” Villanueva said when asked directly whether the two companies skirted the labor code.
“Wittingly or unwittingly, they believe it or not, klaro na may pang-aabuso na nangyari. Klaro na may problema sa ambigwidad ng mga patakaran, protocols, at maging ang ating batas.”
He admitted that there is no commitment from Malacanang yet about the measure, but expressed confidence given the President’s statement during his State of the Nation Address.
“So far, sa akin wala po but I take it noong State of the Nation Address na ito ang nais ng Pangulo, klaro na sabi niya na magpasa ang Kongreso ng isang batas na tutuldok sa kalabisan o evils of contractualization,” he said.
NutriAsia
During the hearing, Villanueva asked representatives of unions from NutriAsia and PLDT regarding their status of employment.
Reynante Gudinez, a representative of Nagkakaisang Manggagawa ng NutriAsia, said that he has been working at NutriAsia’s Marilao plant for 10 years.
He said his job revolves on the weighing of ingredients and believes that his job at the plant is “crucial for the company.”
He was, however, not hired directly by NutriAsia but employed by its toll packer/service provider, B-Mirk Enterprises Corporation. He said his salary was also cut by B-Mirk to pay for contributions for the Social Security System, PhilHealth, PAG-IBIG, among others.
When Villanueva asked if they had a supervisor who oversees their job in the plant, Gudinez said they did — a regular employee of NutriAsia.
NutriAsia president and chief operating officer Angie Flaminiano contended that the DOLE affirmed B-Mirk as a legitimate contractor.
Asked what jobs qualify as part of NutriAsia's core business, Flaminiano answered these are jobs relating to the formulation of its products and manufacturing/ cooking, and those that involve confidentiality, proprietary information, and trade secrets.
She said jobs like that of Gudinez are not part of their core business.
PLDT
On the other hand, Dan Joshua Nazario, president of PLDT Organization of Worker and Employees for Rights, said he was working for PLDT as a customer service representative for two years but he was hired by its contractor, SPi CRM.
He said his salary was also being cut due to mandatory contributions and that for two years, his salary has not been adjusted.
Nazario said there are employees like him in the company who have worked for almost 10 years but have not also received a salary adjustment.
He stopped working when PLDT terminated its contract with SPi CRM after the Department of Labor and Employment ordered the company to regularize more than 7,000 workers working under its contractors.
PLDT human resources head Menardo Jimenez, Jr., said DOLE issued a cease and desist order against SPi CRM, the reason Nazario and other personnel were laid-off.
Senator Nancy Binay asked DOLE if it can make arrangements so that SPi CRM employees can continue working while PLDT is dealing with the regularization issue.
“August na, next month September na, magpapasko na. Ang sitwasyon may cease and desist kayo, nakakuha ang PLDT na hindi nila kailangang i-regularize sina Mr. Nazario at mga kasamahan niya. In the meantime sila itong sobrang kawawa sa buong sitwasyon, sila ang walang trabaho, hindi nila alam kung maligaya ba ang Pasko nila,” Binay said.
“Hindi po ba pwede na for the meantime, payagan muna natin si PLDT na ituloy ang kontrata sa SPi habang meron kayong problema sa korte, para lang magtuloy at kahit papano ay may pagkukuhanan sila ng pagkakakitaan?” she asked.
DOLE decision
Labor Undersecretary Joel Maglungsod said they will stand by their decision.
“Pwedeng itanong n’yo yan sa PLDT pero sa amin e paninindigan namin ang desisyon namin,” he said.
“Ang bola kasi ngayon andun sa PLDT. Malinaw ang order ng DOLE, PLDT you have to regularize, 7,000 plus workers at ikaw SPi cease and desist. Ang sitwasyon ngayon nasa PLDT na paano i-handle dahil nakikita naman ang epekto. Huwag nilang sisihin ang DOLE dahil tumutupad lang kmai kung ano ang mandate namin,” he added.
He said DOLE is providing affected workers minimum assistance which is being processed now.
In response, PLDT spokesman Ramon Isberto contended that a Court of Appeals ruling "sets aside the regularization orders with respect to several functions that includes among others IT firms and services and call centers."
"We are still studying the CA ruling to determine the Company's appropriate next steps," he told GMA News Online. —with Ted Cordero/JST, GMA News