New Labor secretary told: Hands off on assumption of jurisdiction

Labor center Kilusang Mayo Uno today called on new Labor secretary Rosalinda Baldoz to not use her power to assume jurisdiction over labor disputes, saying the power, which is repressive to workers, was “abused” by her predecessors.

KMU said while Article 263 of the country’s Labor Code authorizes the secretary of the Department of Labor and Employment to issue Assumption of Jurisdiction or AJ orders over labor disputes, the AJ order was abused in the past to violently preempt workers’ strikes. This was demonstrated during the Hacienda Luisita massacre in 2004, wherein seven striking farm workers were brutally killed in the dispersal operations carried out by the police and military which was signaled by the AJ order.

“We call on the new Labor secretary of a government that promises ‘change’ to Filipino workers and people: do not use the power to issue AJ orders. That is a ‘change’ that we workers have been fighting for so long. We want to enjoy our right to launch strikes and other forms of collective actions,” said Lito Ustarez, KMU executive vice-chairperson.

“The AJ order has been a pest to Filipino workers. It is a tool that comes in handy for governments and capitalists whenever they want to stop workers from launching forms of collective action. It is actually a dictatorial edict, the implementation of which does not require a modicum of deliberation to ascertain whether workers’ actions are justified,” Ustarez said.

“The best illustration of what an AJ order can do to a workers’ strike is the Hacienda Luisita massacre of November 16, 2004. Then-Labor secretary Patricia Sto. Tomas issued an AJ order, which served as the license for the excessive use of force in that strike, which has resulted in the death of seven and the wounding of many others. AJ orders are not just lethal to workers’ jobs; they can be lethal in the literal sense,” Ustarez added.

KMU said labor secretaries under the Arroyo government “abused” the power to issue AJ orders. Data from the DOLE itself reveals that from the year 2003 to 2009, AJ orders surpassed the actual number of workers’ strikes.

While the Labor Code states that AJ orders must be issued only in cases where a labor dispute is likely to affect the national interest, AJ orders have been imposed on labor disputes in numerous cases – from companies manufacturing fish sauce to those engaged in burial services.

“The power to issue AJ orders has been abused by the Arroyo regime. The Aquino regime can prove that it is different from its predecessors by stopping the use of this repressive power,” Ustarez said.