FFW urges government to align labor laws with international treaties on workers’ rights
October 1, 2009

Labor group Federation of Free Workers (FFW) urged government today to align labor laws with international treaties on workers’ rights, particularly International Labor Organization (ILO) Convention No. 87 on “Freedom of Association and the Protection of the Right to Organize” and Convention No. 98 on the “Right to Organize and Collective Bargaining.”

The call comes at the heels of the High Level Mission in Manila of the ILO, a Geneva-based specialized agency of the United Nations (UN) that looked into reports of violations of workers’ rights to freely organize in the country, including extra-judicial killings of labor leaders.

“While we continue our trade union struggles, we recommend to the ILO and its Supervisory Bodies to strongly urge the government to make national law and practice consistent to the Conventions that it has ratified,” Atty. Allan Montaño, president of the FFW said. The Philippine government has ratified ILO Convention Nos. 87 and 98 as early as 1953.

In the same statement, Montaño said the President has to certify bills that align national laws to ILO Convention Nos. 87 and 98 as urgent.

“Certifying these bills as urgent ensures priority consideration and speedier passage of Congress. It can also be a measure of how seriously government takes up on its obligation to correctly implement International Instruments that it has ratified,” Montaño added.

Among others, the FFW reported that its own experience in organizing, collective bargaining and case handling has proved that many employers are resorting to the practice of union avoidance and union busting.

These include active cases involving Cirtek Electronics Corporation, Fundacion Santiago, Inc., Grandstar Coach Company, Inc;, Jasper Jeans Services, Inc., ( a bus company), MSIC Transportation, Inc/Europcar Phils, Hyatt Services, Inc. (taxi service), Philippine Fire and Marine Insurance Corporation, Colegio de Sta. Cecilia, St. Thomas  Academy, and La Concordia College.

Speedy labor justice

“The FFW strongly appeals to government to implement measures, both statutory and administrative, through specific policy and concrete programmes, that would speed up the resolution of labor cases and to bring down the cost of litigation, more than it is doing at present,” Montaño said.

He was referring to the litigious character of court and quasi-court proceedings such as the National Labor Relations Commission in labor cases; and the filing of criminal charges and civil cases against striking workers.

“These are acts of anti-union discrimination that result in the inordinate delay in the resolution of labor cases, coupled by the high cost of litigation which unions and worker-complainants can hardly afford,” he added.

Documented records of FFW-filed cases have an average litigation period of eight years, counting from the initial filing of complaint, a series of appeals in quasi-judicial bodies and appellate court, until a final judgment is issued by the Supreme Court.

“Delay in the resolution of labor cases amounts to the denial of justice for those aggrieved, which is tantamount to a violation of workers’ and trade union rights,” added Montaño.

Unfavorable Supreme Court ruling

The ILO Mission not only dealt with the actual reported cases of violations, but also looked into the decisions being handed out by local courts to determine their consistency with ILO Conventions 87 and 98.

The FFW is concerned about some Supreme Court (SC) rulings that are not in favor of labor.

“With all due respect, the SC may be setting a dangerous precedent in deciding, as in the case of University of San Agustin, that a Resolution passed by the Union authorizing only its President to receive a Notice of Assumption Jurisdiction (AJ) Order issued by the Secretary of Labor and Employment, manifests an intention by the Union to avoid or defy the same Order,” Montaño said.

The University of San Agustin Employees Union-FFW went on strike three years ago. Management challenged the legality of the strike by alleging that the Union avoided the AJ order, and got a favorable ruling from the Court of Appeals and the Supreme Court.

Cases Unsolved: Extra Judicial Killings

The FFW also reiterated its earlier call to put an end to extra-judicial killings.

“We impress upon government that the cases of extra-judicial killings must be thoroughly investigated, prosecuted and the perpetrators punished accordingly,” Montaño said.

To help in the process, Montaño asked the ILO to assist or support an initiative by the European Union on the use of modern methods of investigating and prosecuting cases of extra-judicial killings, disappearances and murders. This is in the form of a technical cooperation which the government has already accepted.