KMU hails labor sec’s decision on ABS-CBN workers’ case
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Labor center Kilusang Mayo Uno hailed today Labor secretary Rosalinda Baldoz’s August 13 decision giving a nod to the petition for certification elections filed by ABS-CBN’s contractual workers, calling it a “positive development in the fight against contractualization.”
The decision affirmed the existence of an employer-employee relationship between the workers and the company as well as the workers’ regular status.
The chronology of the legal battle is as follows:
Nov. 23, 2009 -- ABS-CBN IJM Workers’ Union filed a petition for certification elections (CE) to the Department of Labor and Employment-NCR Office
Dec. 6, 2009 -- ABS-CBN Broadcasting Network Incorporated filed a position paper opposing the petition for CE on the basis that there is no employer-employee relationship between itself and IJM workers.
Dec. 21, 2009 -- ABS-CBN IJM WU filed a position paper arguing that there is no entity named “Internal Job Market” registered in the Securities and Exchange Commission and that there is an employer-employee relationship between the workers and the company.
Jan. 2, 2010 -- ABS-CBN management filed a rejoinder.
April 14, 2010 -- DOLE NCR mediator-arbiter Catherine Legados-Parado releases decision denying the workers’ petition for a CE.
May 6, 2010 -- ABS-CBN IJM Workers’ Union filed an appeal to the DOLE Secretary.
Aug. 13, 2010 -- DOLE Secretary releases decision giving a nod to the CE, affirming that there is an employer-employee relationship between the workers and the company, and that the workers are regular ones, not contractuals.
“This is a positive development in the fight of the Filipino workers and people against contractualization and for regular jobs. This is a victory of the ABS-CBN workers who have been solid and persevering in struggling for their rights. Workers, when they are united and steadfast in fighting for their legitimate demands, can pose a challenge even to companies as powerful and influential as ABS-CBN,” said Lito Ustarez, KMU executive vice-chairperson.
“ABS-CBN workers and their supporters should not relax our guards, however. We know how hell-bent the ABS-CBN management is when it comes to implementing contractualization schemes and pressing down workers’ wages. We also know that it has close ties with President Noynoy Aquino. We must continue to unite all ABS-CBN workers and fight with them against the management’s counter-moves,” Ustarez added.
“We should also continue fighting for the reinstatement of the 91 workers who have been terminated from work. The DOLE secretary’s decision shows that the workers’ calls for holding a CE and for regularization are legitimate and just. It appears that because of this, the ABS-CBN management is getting desperate, resorting to foul moves and union busting. We must fight these moves,” Ustarez said.
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#1 I hope a single complainant
I hope a single complainant like me will also be heard. Please help me too, to send my request to the authority. Here is my letter.
August 30, 2010
Dear Labor Secretary Rosalinda Baldoz & NLRC Chairman Nograles,
I am the Complainant in the case of Ryan B. dela Cruz –Versus- International Christian Academy, Melina Espino and Marivic Jacinto (NLRC RAB NO. NRC CASE No. NCR-03042688-10).
My case was filed on March 23, 2010 and until now it’s in the Honorable Office of Labor Arbiter Geobel A. Bartolabac who sets the entire schedule meeting and released order.
April 19 - 1st Hearing
April 27 - 2nd Hearing
May 19 - Position Paper
June 23 - Reply to the Position Paper
I am a teacher. This is not just my job. This is my life. When those people from the school where I served decided not to renew my contract and used the alleged significant decline in the enrollment I started to question them mostly clarification for the sake of truth and fairness and to really find out the root of our problems in school. But they do not really listen. As a teacher I know that I have an obligation not only to teach but to bring out the truth and live by morals of a good Christian and with pride and dignity. Our profession as a teacher is noble. I took care of my name in this profession for many years and I will not lose it and allowing anyone to destroy what I already build by their lies and shameful character. I am standing alone in fighting them in spite of my poverty in life.
And since they will not accept and entertain all my reasoning no matter to them how true and justifiable it is, I came up to the point that if all I wanted now is justice I forwarded a case hoping that what is really just and whole truth will come out and will satisfied us.
It’s almost five months now when I filed the case and within those months that pass in my life I really suffered a lot but I keep on holding my trust and faith in God that the day will come circumstances makes me stronger and the truth and justice will really prevail.
Today, all I want to ask is to give me the assurance that my case will not run so long more than a month from now. It’s only a plea your honor, my personal appeal or request to you. I followed all the orders, I submitted wholeheartedly to the rules and systems of our laws believing that this is now the best thing I can do to get what’s just and my rights.
Many times, parts of me want to die; physically, emotionally and mentally. I’m really getting tired of it. Because of this case, I’m still jobless. Honestly speaking, it’s not because I am not looking for a new job because I did look and try to find new one even for temporary but my pending case directly affect most of the application I’ve tried.
I’m the bread winner in the family. I’m living with my parents both are senior citizen. You will not know exactly the suffering we have been through after I lose my job but I keep my self strong even my heart cries many times seeing even my old parents how they also suffered from this because until now I can’t provide them of what they really need. Now while I’m not working we are all dependent to my sibling’s help, but until when???
I am really hoping and praying that this simple and humble request coming from me will be heard and will be given consideration. This is the only thing I can do because I have nothing and I really don’t know anymore if I can still survive the suffering that this case brought me and my family. Please bear with me. All I ask is your understanding.
Respectfully yours,
Ryan B. de la Cruz
Complainant