TUCP alarmed over moves to make breastfeeding as non-compensable in
workplace
By TUCP
June 22, 2012
QUEZON CITY – Trade Union Congress of the Philippines (TUCP)
President Democrito “Kito” Mendoza expressed alarm over moves by
foreign milk companies to unify breastfeeding laws which will make
breastfeeding of babies during work hours as non-compensable.
“We are going to vehemently oppose such amendments. If this is allowed
by our legislators, it is like tolerating sexual harassment in
workplaces. We are going to fight this out, tooth and nail,” Mendoza
said.
Earlier, the Trade Union Congress Party Party-List (TUCP) said there
were movements to amend Republic Act No. 10028, better known as the
Expanded Breastfeeding Promotion Act of 2009. A substitute House Bill,
consolidating House bills 3535, 3527 and 3396 proposes making
non-compensable the time that a working mother uses in the workplace
to express her milk.
“It is anti-worker and anti-women to leave unpaid lactation hours at
the workplace for working mothers. It is anti-worker because it
prejudices lactating workers who have the right to equal pay for equal
work and it is anti-women because it discriminates against lactating
women who have the right to work while providing the best nutrition
for their infant children. It is reactionary and unfair because we
have a progressive law already in place that is being looked up by the
International Labor Organization (ILO), the United Nations Children’s
Fund (UNICEF) and the World Health Organization (WHO) as a model for
other countries to emulate. We are moving the clock back to favor the
multinational milk companies,” said TUCP Partylist Representative
Raymond Mendoza.
“Under the current Milk Code, lactating women in the workplace are
compensated for lactation breaks for not less than 40 minutes for
every eight-hour work period. I see no reason why lactation breaks
should be made non-compensable,” Rep. Mendoza added.
Rep. Mendoza expressed concern that there is a renewed lobby by milk
and pharmaceutical companies to undermine the position that
“Breastmilk is still the best food for babies”. He expressed doubt as
to the true intent behind the consolidated house bills. He pointed out
that the pending bills do not appear favorable to the advocacy to
promote “breastfeeding” and it would only provide greater avenues for
breastmilk substitute manufacturers to push their products for purely
commercial gains.
“We know that breastmilk is rich in antibodies. The medical literature
supports the findings that breast-fed babies are less prone to
infectious diseases,” said Mendoza. “It is clear that reverting to
breastmilk substitutes is counterproductive to our desire to keep our
babies healthy,” he added.
The pending bills, if passed by Congress, will not compensate a
working mother during lactation periods. Further, it will allow
breastmilk substitute manufacturers and marketers to make scientific
claims of adequate nutritional value that undermines the confidence of
the mother in breastfeeding, and inculcates in the minds of the public
that it is acceptable to feed the child beyond 6 months of age with
breastmilk substitutes.
Rep. Mendoza stressed that sound legislation like the current Milk
Code should be left untouched unless found to be deleterious to public
welfare. “As the dictum goes, if it ain’t broke, why change it?”
Mendoza explained. Also, he proposes that the consolidated bill, if
passed, should have the following express provisions: paid lactation
hours for women workers and the desirability of and preference to
breastfeeding for children until three years of age. He also calls for
deletion from the consolidated bill of the proposed provision on
scientific or nutritional claims on breastmilk substitutes that
manufacturers will disseminate through advertisements through media
and on infant milk labels and containers, marketing campaigns and
donations during calamities to mothers with infant children.
The proposed consolidated House bill misleads the public, creates
health problems for newborn babies, adds to the expenses of the
household and definitely advances the interests of milk manufacturers
without regard to infant and child health,” added TUCP Representative
Mendoza. TUCP firmly believes in the statement that “Breastmilk is
still the best for babies” and vows to protect the current Milk Code
for the welfare of the helpless infants who depend naturally on
mother’s milk.
“Recently, the Department of Health (DOH) memorandum that prohibits
multinational milk manufacturers from using registered trademarks
which undermine breastfeeding was upheld by the Department of Justice
(DOJ) for the protection of public welfare. The favorable decision of
the DOJ attests to the unwavering dedication of the government in
promoting breastfeeding among infants and young children. This is a
timely reminder to the proponents of the consolidated Bill that they
should not vaccillate, neither deviate from the advocacy of the
Philippine government as a whole regarding breastfeeding,” the TUCP
Representative concluded.