Tuesday, June 2, 2020

End the madness of transport policy during GCQ! Nagkaisa bats for safe and free public transportation!

Nagkaisa assailed the national government, particularly the DOTr and the MMDA, for its massive failure to provide adequate public transportation on the first day of GCQ in Metro Manila.

Nagkaisa is highly disappointed with DOTr for its failure to perform its primary mandate to provide "efficient, and dependable transportation systems.” Chaos and confusion now reigns in the streets of Metro Manila as hundreds of thousands of workers scramble to get to work.

Contrary to MMDA’s arrogant claims of its full readiness for June 1, physical distancing was completely compromised as commuters waited for transport services. For many, the wait was in vain as the MMDA did not provide bus stops from Quezon Ave to Ayala Ave.

In its mad rush to jump start a stalled economy without due consideration to the safety and welfare of workers, the national government has once again succeeded in heaping more unnecessary burdens to the working class.

Worst, with this transport fiasco, the DOTr and the MMDA risks wasting all the sacrifices forced on everyone for more than 2 months of lockdown to stop Covid-19.

Nagkaisa believes that all these could have been avoided had the national government provided “safe and free” transportation by implementing service contracting of PUVs that could have augmented the limited public transportation that we have.

Proposed by Move As One coalition, service contracting of PUVs would not only ensure adequate public transportation in areas under the general community quarantine (GCQ), but also protect thousands of transport workers as they earn much needed livelihood.

Nagkaisa and its affiliates are members of the We Move As One coalition.

Under service contracting, the government pays the operators and drivers to run pre-determined routes to ferry workers. This is far different from the prevailing “boundary system,” in which earnings are based on the number of passengers ferried.

Nagkaisa calls on the DOTr, the MMDA and the national government to immediately address this dangerous situation or risk worsening the continuous rise in Covid-19 cases!

Monday, June 1, 2020

NAGKAISA Labor Coalition slams Congress for railroading of the Monster Anti-Terrorism Bill

We mince no words in denouncing the hasty passage of the Anti-Terrorism Bill in the House of Representatives last Friday. It could be remembered that the same measure was overwhelmingly approved by the Senate last February 26, 2020, with only two (2) Senators registering their disapproval. The House of Representatives did no better with a vote of 40-2 in the Committee last May 29, 2020, which adopted the Senate version of the bill. The passage into law of this Monster bill would be an acceleration to an already slow and steady descent into fascism of our country today.

We take particular exception in the extremely broad definitions of “terrorism” in the Monster bill, which would virtually criminalize almost all forms of dissent. Another equally appalling provision would be the warrantless arrests and detention of suspects, which basically overturns every Filipino’s right to be presumed innocent until proven otherwise. Moreover, the provisions equating the mere threat to property to terrorism does not serve the interest of the working class who is bereft of any property to speak of in the first place. Clearly, the Monster bill does not have working class interests in mind.

Instead of focusing on how to effectively deal with the COVID-19 pandemic, or to help the 11,000 ABS-CBN employees, as well as the projected 10 million working class Filipinos keep their much-needed jobs, our Honorable lawmakers saw it fit to invest their time into crafting more laws that would possibly endanger more the already grim human rights situation in our country today.

Nagkaisa calls on all working class Filipinos to make their voices heard and oppose this Monster bill and call on their legislators to prevent this bill from passing.

Sunday, May 31, 2020

ARE WE RETURNING TO PROCLAMATION 1081 AS THE HOUSE COMMITTEE ADOPTS SB 1083 BY LEGISLATIVE FIAT? – NAGKAISA!

The NAGKAISA! Labor Coalition is alarmed with and strongly opposed the adoption of the House Committee of Senate Bill 1083 as the counter-part version of the House of Representatives on the proposed New Anti-terror Law.

It appears now that the real threat to the life and liberty of our people comes not from terrorism but the proposed law such as SB 1083. The threat to life and liberty and other guaranteed rights are the true measures of what terrorists wanted to achieve. Do you not think the dictatorial regime hold-on to power for 14 years primarily on the pretext that terrorism and the terroristic acts of the communist and Moro insurgents allegedly awaited our people -- while Marcos and his cohorts unleashed their brand of terror and terrorized the Filipino people?

As we see it on its texts, the 63-page Senate Bill No. 1083 is a Marcosian law that can be likened to Presidential Proclamation 1081 declaring Martial Law in 1972. Of recent experience is the implementation of the Bayanihan Act, a number of government officials including security personnel, while exempting high officials, arrested ordinary citizens for violation of and abused them with said "benign law", what more with a Marcosian one.

NAGKAISA minces no words in denouncing the hasty passage of the Anti-Terrorism Bill in the House of Representatives last Friday. It could be remembered that the same measure was overwhelmingly approved by the Senate in February 2020, with only two (2) Senators registering their disapproval. The House joint committee did no better with a vote of 40-2 in the committee level last May 29, 2020, which adopted the Senate version of the bill, paving the way for the controversial measures up for debate in the plenary. The passage into law of this draconian bill would be an acceleration to an already slow and steady descent into fascism of our country today.

NAGKAISA takes particular exception in the extremely broad definitions of “terrorism” in the draconian bill, which would virtually criminalize almost all forms of dissent. Another equally appalling provision would be the warrantless arrests and detention of suspects, which overturns every Filipino’s right to be presumed innocent until proven otherwise. Moreover, the provisions equating the mere threat to property to terrorism does not serve the interest of the working class who is bereft of any property to speak of in the first place. The bill does not have working-class interests in mind.

NAGKAISA cannot allow the return of executive Arrest, Search and Seizure Orders (ASSO) allowing warrantless arrest. The biggest labor group coalition dreaded the time when victims are raided and arrested in their own homes without judicial warrants and illegally detained without charges.

SB 1083 (Sec 29) allows warrantless arrest by a mere suspicion and the only requirement is notifying a judge without him examining the complainant or his witnesses and, thereby, no finding of probable cause is required. This is repugnant to the constitutional protection in Section 2 of Article III of the Bill of Rights prohibiting warrantless arrest.

Section 29 of SB 1083 proposes to extend the days of detention from the present law providing three (3) days to 14, with an option to extend for another 10 days, if necessary, purportedly to preserve evidence, prevent an upcoming terrorist attack, or properly conclude an investigation.

Blatantly disregarding freedom of expression guaranteed by Section 4 of the Bill of Rights, SB 1083 (Sec 9) also consider it as a crime for any person who, without taking direct part in the commission of terrorism, shall express an opinion or show emblems, banners or other representations perceive to favor individuals or groups tagged as a terrorist and shall suffer the penalty of imprisonment of twelve (12) years.

Any citizen can be considered a criminal by association under Section 10 of SB 1083. Mere membership to an association tagged as a terrorist group is also dangerous to one’s life as it entails a penalty of life imprisonment without the benefit of parole. SB 1083 resurrects the doctrine laid down in Cold War-era anti-subversion law (RA 1700) which was already repealed by President Fidel Ramos in 1992.

The SB 1083 also drops the provision on damages for an unproven charge of terrorism under Sec. 50 of the Human Security Act (RA 9372), which entitles any person wrongfully accused of terrorism to P500,000 for every day spent in detention. Thus, police’s negligence or blatant disregard of one’s constitutional right has no more deterrent tort liability as it is now removed in SB 1083.

NAGKAISA holds that dissenters and radicals are not a threat to society if it is not connected to violence or other unlawful acts. Dissenters can be positive forces for or beneficial to change. History is our witness that people advocating for radical change make a difference for a better society. Did we not remember those advocated the 8-hour work a day, the abolition of slavery, or those who championed universal suffrage? These dissenters at their times were considered to be radical as they stood in opposition to the prevailing status quo in their societies.

Instead of focusing on how to effectively deal with the COVID-19 pandemic, or to help the 11,000 ABS-CBN employees, as well as the projected 10 million working-class Filipinos keep their much-needed jobs, our lawmakers saw it fit to invest their time into crafting more laws that would possibly endanger more the already grim human rights situation in our country today.

NAGKAISA calls on all working-class Filipinos to make their voices heard and oppose this Monster bill and call on their legislators to prevent this bill from passing.

Thursday, May 28, 2020

NAGKAISA endorses 35-hour workweek; rejects compressed work week with over 8 hours a day work without overtime pay

The NAGKAISA welcomes the proposal to reduce the workweek schedule of private-sector employees to 35 hours on voluntary basis under House Bill 309 authored by Albay 2nd District Rep. Joey Salceda. His bill's explanatory note cited studies showing that a more flexible workweek increases the productivity of workers, and benefits the economy in the long run.

NAGKAISA supports HB 309 because it is not new. Shortened hours of work from 8 to 6 hours are already observed in France, Denmark, Sweden, and other Scandinavian countries. As example: workers of Toyota company in Gothenburg, Sweden, who worked 6-hours a day are happier and more efficient and productive.

Toyota, which pioneered this 6-hour workday concept, reported that in their 15 years or more of this experience, they've had higher profits, better production, and quality. (BBC, 27 September 2015; Guardian, 17 September 2015).

NAGKAISA, however, suggests that a non-diminution of benefit provision be added in Section 1 of the Bill, as the workers shall have the equivalent workload, and the same performance standards as those working for 8 hours a day.

NAGKAISA, on the other hand, opposes House Bill No. 1338 proposing a compressed workweek allowing more than 8 up to 12 hours work a day, without overtime pay.

Such a proposal, if it becomes law, would take a heavy toll on majority of our workers. It would not be good for the health and safety of workers, especially if they do physical work like those in construction, and those jobs that rely on physical stamina like masons and bus drivers.

NAGKAISA is covinced that though perhaps tolerable for a few days, working for 10 to 12 hours, would be detrimental to workers in the long run. Working 12 hours, plus going thru traffic of 4 hours, or a total of 17 hours of toil a day, for 4 straight days a week, will dangerously affect workers' health and safety.

The Philippines had signed and ratified International Labor Organization (ILO) Convention No. 1 of 1919. ILC No. 1 limits the number of work hours in the industrial sectors to 8 hours a day, or 48 hours a week. This covers mines, factories, and other manufacturing firms. Legislating HB 1338 will be legislating violation of ILO Conv No. 1.

Workers also may run into family and childcare problems working longer hours a day, even though a three-day weekend rest might be quite tempting to some.

After the lockdown, under the 8-hour workday, one arrives home at 9 or 10 PM from work (because of heavy traffic on the road). The increase of 2 to four 4 hours on the road will make child care difficult or no longer possible for working parents with kids or children.

Under the existing DOLE Labor Advisory No. 4,Series of 2010, defines the compressed workweek as a flexible work arrangement where the normal workweek is reduced to less than six days, but the total number of work hours per week shall remain at 48 hours.

This advisory is feasible because it is voluntary, thus subject to agreement between workers and employers. The voluntary agreement serves as a legal basis for working beyond 12 hours a day without a corresponding overtime premium. And the reason/s on which the agreement is/are based rest/s solely on the agreement of the parties, not on pandemics or any other national emergencies.

Finally, studies have pointed out that working long hours regularly, offer no long term benefits to an employee. On the contrary, it provides many negative outcomes found by previous scholars, like health problems, increased medical costs, decreased productivity, reduced quality of work/job performance, lower job commitment, higher job turnover, etc.