By Kim Abraham Ramos
Graphics by Anna Obeso / The Red Chronicles
Our workers pour blood, sweat, and tears to form the solid foundation of our institutions and their exceptional work effort serves as a vehicle for the smooth flow of our everyday lives. Upon their might lies the future of our nation’s economy. It is imperative upon the state to put utmost consideration in instituting programs that promote equal opportunity and protection of rights of the working class.
However, just like any other sector, the labor force is not exempted from the vexatious changes brought about by the pandemic. Unemployment peaked at an all-time high of 17.7% in April 2020, equivalent to 7.3 million jobless Filipinos.1
Last August 2021, the jobless rate increased from 6.9 % to 8.1% due to the enhanced community quarantine.2 One of the factors of the rapid increase of unemployment rate is the legal retrenchment of several companies due to the pandemic. Some business establishments are forced to shut down their operation because of low income as most of their clientele can no longer avail their services. Most business operators were forced to lessen their expenses by not renewing their contractual employees. It is worthy to remember that these workers have families to support.
One of the factors of the rapid increase of unemployment rate is the legal retrenchment of several companies due to the pandemic.
Vaccine for COVID-19 is already accessible. This vaccine is the hope of our labor to regain what the pandemic took from them. Their occupation may return to some semblance of normality. As the election season approaches, the working man once again aspires for better policies that will protect his rights and improve his condition as he enters the post-pandemic era. These legislative acts can boost the moral and confidence of the workers to continue being productive members of our society.
1. Apprenticeship program
Learning is an enduring process of acquiring knowledge throughout one’s lifetime. A diploma should not toll the development of one’s abilities. Upon the advent of globalization and technology, it is incumbent upon the workers to adjust to this new normal as change is the only constant in the world.
The battle against COVID-19 is far from over. Some livelihoods are not yet operating in full capacity. As a result, employees have to deal with a skeleton workforce resulting in the reduction of their salaries. These staggered workdays have a negative effect if they remain untreated.
The Asian Development Bank (ADB) opined that “[t]he Philippines risks falling into a phenomenon called ‘hysteresis,’ where unemployment continues to rise even after the economy has started to grow again.”3 To remedy this situation, they are proposing a scheme where workers will be placed under a training program to revive their skills. This program will eventually transform labor into a better position and equip workers for the post-pandemic era.
The Technical Education and Skills Development Authority (TESDA) has an online program, named TOP, offering various online courses to enhance the talent and skills of our workers. It is good to see that number of workers who enrolled in TOP significantly increased during the lockdown season.4
The Department of Education (DepEd) should allow more practical exercises to hone the skills of Grade 12 students as some companies are still doubtful to hire senior high school graduates. Research conducted by the Philippine Institute of Development Studies in 2020 revealed that only 20% of the graduates pursued employment. The same study also recommended the reexamination of the Senior High School Curriculum to increase the labor market performance of these students.5 In rendering these proposed programs, it is expected that the labor force should be more competent and productive workers in the future.
2. Mental Health Break
Mental health is just as important as physical health. The employees will be more productive if they are well-guided by professional mental health workers. Job stress not only affects a person’s brainpower but also transforms the workplace into a toxic environment. Job stress can be defined as “the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the worker.” 6
Mental health is just as important as physical health. The employees will be more productive if they are well-guided by professional mental health workers. Job stress not only affects a person’s brainpower but also transforms the workplace into a toxic environment.
Research that was conducted about the impact of work-related stress on an employee’s productivity and commitment revealed that it can decrease the total productivity, lower employee’s performance, and result to the loss of skilled employees.7 To cure this kind of problem, both employees and employers have to undergo counseling sessions and mental health breaks to ease the pressure brought by the heavy workload.
Rep. Alfred delos Santos of Ang Probinsyano party-list proposed a bill entitled “Mental Wellness Leave Act” that grants additional 5-day leave for mental health recovery. This bill allows individuals to consult their counselor or psychologist for their mental health issues and take a vacation break.8 A person who is healthy physically and mentally will be more resolute and successful in facing challenges. It is good to hear the Filipinos are becoming more open to talk about mental health-related concerns.
3. An act that protects the Freelancer
People say “a freelancer is not free.” This kind of work allows an individual to work at their own pace and time. This is not a typical eight-to-five job as it requires the person to work even beyond the working hours to finish a particular project. Try to imagine that you are not required to wake up at 5 A.M. to prepare yourself, face the daily traffic, and join your office mates. This would be the most ideal work scheme for most talented Filipinos who are left unrecognized by their employers.
With the emergence of technology, more Filipinos have become fond of freelancing. It has been said that “freelancing, wrapped up in the catch-all term ‘gig economy,’ has rapidly taken root around the world, driven by the explosion of the digital economy.” 9 Freelancers are more common in this pandemic season. This is the very reason why the state should push an act that guarantees the protection of workers under the gig economy.
Last March 25, 2021, the lower house approved on final reading the Freelance Worker Protection Act which requires a company to give night shift pay and hazard pay for these workers. The said bill also requires an employer to create a contract with the freelancer before the latter could render his service. It also gives the Department of Labor and Employment the authority to receive complaints from freelancers.10
4. Food and Grocery Delivery Services Protection Act
One of the silver linings brought by the present pandemic is the rise of food delivery services. This platform allows customers to efficiently order food from a distance, saving time, and lessening the risks of contracting the virus. Some fast-food chains have developed an app that can be used to order more conveniently. Food delivery service providers, like Foodpanda and GrabFood, offer a similar service with a corresponding delivery charge. The demand for these services opened more available jobs as delivery riders.
However, delivery riders have been prone to malicious schemes, such as fake bookings. To protect the interest of our delivery riders, Ako Bicol party-list Rep. Alfredo Garbin Jr, filed House Bill No. 6958 or the Food and Grocery Delivery Services Protection Act that prevents the cancelation of orders if the items are already paid by the rider. The bill also puts the fine of P100,000.00 and imprisonment of six years and one day.11
5. End Contractualization
It has been the practice of many companies to hire contractual workers for a definite period of time and rehire them under the same term or worse, terminate them.12 These workers are not entitled to benefits as their employer denies them regular status. Labor groups have been consistent in fighting this deadly scheme of employment because it deprives them of their right to security of tenure.
One of the promises of President Rodrigo Duterte during his 2016 election campaign was to end contractualization. With his strong and convincing tone, he caught the attention of the labor groups. In his first year of office as the President, 49,393 employees were regularized. In 2018, President Duterte advised Congress to pass Senate Bill No. 1826 or the Security of Tenure and End of Endo Act of 2018.13 However, in July 2019, he vetoed the said bill, explaining that there must be a balance between the management and labor.
To cease contractualization, the government should also focus on boosting the financial status of employers. The government should ensure that these companies have the resources and machinery to accumulate revenues. Allow them to operate with ease, without the burden of paying too many fees to local government units.
Another solution is to create more job opportunities. We should encourage investors to establish their brands outside Metro Manila. In doing so, there will be an essence of competition among employers. They will retain their employee by giving work benefits and the chance of being a regular status in fear of losing workers.
6. Mandatory Vaccination
As more businesses begin to resume their operations, employers are taking extra precautions by requiring their workers to be vaccinated. Former Labor Secretary Ruben Torres argued that the “no vaccination, no work” policy is part of management’s prerogative, and it is the responsibility of employers to ensure the safety of their workers against health hazards.14 However, we have to take note that the policy of the company should not contravene with existing laws. Section 12 of Republic Act No. 11525 provides that vaccination cards should not be a mandatory requirement for educational, employment, and other similar government transaction purposes. The choice of whether to get vaccinated is a matter of right and the state cannot meddle with this right in the guise of exercise of police power.
2022 Elections
This election season, one of the large labor groups has already chosen their best presidential bet. Francisco “Isko Moreno” Domagoso gained the support of the Philippine Trade and General Workers Organization (PTGWO). They applaud the excellent response of Domagoso against the pandemic. The high vaccination rate, timely received ayuda, and a successful housing project are among the Manila mayor’s many accomplishments.15 However, despite the support of said labor group, to end contractualization will not be his primary concern if he wins in the presidential race.
Labor leader Leodegario “Ka Leody” De Guzman, who also aspired to become a Senator last midterm elections, also seeks the presidency under Partido Lakas ng Masa. He is a simple man from Mindoro who belongs to the family of farmers and perhaps the candidate who truly represents the voice of the workers and the marginalized. One of his objectives is to abolish all forms of contractualization. Ka Leody devotes most of his time battling injustice in any administration. Among other presidential aspirants, he has the most experience in organizing sectors against human rights abuses, particularly inequalities among workers.
Ferdinand “Bongbong” Marcos Jr., who is also vying for the presidency, urged the government to provide financial support for transport workers such as jeepney drivers and taxi drivers. He wants a fast recovery of transportation services for better delivery of goods and services to the public.16
Vice President Maria Leonor “Leni” Robredo, who presents herself as the presidential candidate of the opposition, stays committed in providing personal protective equipment, face masks, alcohol and free transportation for frontliners. Unlike Domagoso, she is pushing to fight the Endo scheme.
In terms of party-lists, Bayan Muna again filed its certificate of nomination and acceptance (CONA). Represented by activist lawyer Carlos Isagani Zarate, Bayan Muna is known for its dedication in promoting the wellbeing of our laborers. Some of the many bills that were proposed by Bayan Muna are the act increasing the minimum salaries of public school teachers and other government employees, an act lowering the optional retirement age of government workers from sixty (60) years to fifty-six (56) years, and an act further strengthening the government service insurance system.17 Its allied labor group Kilusang Mayo Uno (KMU) criticized the administration for its failure to heed the concerns of the workers during the pandemic. KMU has been pushing for labor reforms such as ending contractualization and increasing the minimum wage.
The labor force plays a vital role in the progressive economy. The government should enact measures that will give sufficient tools for our workers to succeed and give them a reason to stay in the Philippines. As an indispensable member of society, laborers take part in nation-building. No less than the Constitution provides for the full protection and employment for our workers. The future of the nation will also depend on the strength of our workers.
The government should enact measures that will give sufficient tools for our workers to succeed and give them a reason to stay in the Philippines. As an indispensable member of society, laborers take part in nation-building. No less than the Constitution provides for the full protection and employment for our workers.
As stated by our Supreme Court in the case of Cebu Royal Plant v. Deputy Minister of Labor, “law regards [workers] with tenderness and even favor and always with faith and hope in his capacity to help in shaping the nation’s future. … How society treats him will determine whether the knife in his hands shall be a caring tool for beauty and progress or an angry weapon of defiance and revenge.”18
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2 Royandoyan, R. (2021, September 30). Fresh lockdowns destroy more jobs in August. PhilStar. https://www.philstar.com/business/2021/09/30/2130793/fresh-lockdowns- destroy-more-jobs-august (Last Visited October 12, 2021)
3 Rivas, R. (2021, April 28). Rise of low-quality jobs reflects pandemic scars in PH labor market. Rappler. https://www.rappler.com/business/rise-low-quality-jobs-reflects- covid-19-pandemic-scars-labor-market-philippines (Last visited October 10, 2021)
4 Innovative and flexible training needed to retool and upskill labor force – neda. (2020, June 16). Republic of the Philippines National Economic and Development Authority. https://neda.gov.ph/innovative-and-flexible-training-needed-to-retool-and- upskill-labor-force-neda/ (Last Visited December 10, 2021)
5 Orbeta, A. & Potestad, M. (2020, December). On the Employability of the Senior High Gaduates: Evidence from the Labor Force Survey. Philippine Institute for Development Studies. https://pidswebs.pids.gov.ph/CDN/PUBLICATIONS/pidsdps2040.pdf
6 Stress…At Work. Centers for Disease Control and Prevention. https://www.cdc.gov/niosh/docs/99-101/default.html (Last visited October 12, 2021)
7 Ekienabor, E. (2016, May 5). IMPACT OF JOB STRESS ON EMPLOYEES’ PRODUCTIVITY AND COMMITMENT. International Journal for Research in Business, Management and Accounting.
8 Punay, E. (2021, June 4). 5-day ‘mental wellness’ leave sought for workers. PhilStar. https://www.philstar.com/headlines/2021/06/04/2102983/5-day-mental-wellness- leave-sought-workers (Last visited October 12, 2021)
9 Schnabel, C. (2018, April 1). Freelancing taking root in the Philippines. Rappler. https://www.rappler.com/business/freelancer-market-growing-philippines-paypal (Last visited October 9, 2021)
10 Talabong, R. (2021, March 25). House approves bill adding pay, protection for freelance workers. Rappler. https://www.rappler.com/nation/house-approves-bill- adding-pay-protection-freelance-workers
11 Mercado, N. (2020, June 8). House bill prohibits unreasonable cancellation of food, grocery delivery orders. Inquirer. https://newsinfo.inquirer.net/1287890 (Last visited October 10, 2021)
12 Millares v. National Labor Relations Commission, 434 Phil. 524 (2002)
13 Tomacruz, S. (2018, May 1). TIMELINE: Duterte’s promise to abolish endo. Rappler.https://www.rappler.com/newsbreak/iq/duterte-endo-contractualization-promise- 2016-to-2018 (Last visited November 3, 2021)
14 Torres, R. (2021, October 15). ‘No vaccine, no work’ policy. The Manila Times. https://www.manilatimes.net/2021/10/15/opinion/columns/no-vaccine-no-work- policy/1818448 (Last visited December 10, 2021)
15 Galvez, D. (2021, October 4). Labor group vows to support Isko-Ong in 2022 polls.Inquirer. https://newsinfo.inquirer.net/1496901 (Last visited October 10, 2021)
16 Tamayo, B. (2021, October 5). BBM seeks more assistance for transport sector. The Manila Times. https://www.manilatimes.net/2021/10/05/news/national/bbm-seeks- more-assistance-for-transport-sector/1817186 (Last visited December 10, 2021)
17 https://www.congress.gov.ph/
18 Cebu Royal Plant (San Miguel Corporation) v. The Honorable Deputy Minister of Laborand Ramon Pilones, 237 Phil. 40 (1987)