15 Senators shed
hope for millions Endo workers by passing 21-year old Anti-Endo Bill
By
ALU-TUCP
May 23, 2019
QUEZON CITY – The
Trade Union Congress of the Philippines (TUCP) lauded the Senate for
displaying great political leadership and the highest standards of
legislative independence, when it passed on second and third reading
Wednesday night, the historic Senate Bill No. 1826 or the 21-year
old "The Security of Tenure Bill".
"Fifteen senators shed
hope to millions of endo workers nationwide. TUCP and the Nagkaisa
Labor Coalition are overjoyed that notwithstanding a fierce lobby
opposing the passage of SB 1826, led by employers, agency
contractors and the joint foreign chambers of commerce, the Senate
passed the measure that will begin the process of finally ending
contractualization and "Endo" (end-of-contract) employment," said
TUCP President Raymond Mendoza.
"By a vote of 15-0, the
Senate also brushed aside the apprehensions and objections made by
Finance Secretary Sonny Dominguez that the Bill would negatively
affect the economy and was contrary to the interest of management
flexibility. We remind Secretary Dominguez that TUCP also respects
management flexibility, but it must be consistent with the
Constitutional rights of workers, the right to security of tenure,
the laws and the higher goals of building decency and fairness in a
society faced with growing income and social inequality," said the
TUCP President. "By helping President Duterte meet his campaign vow
of ending contractualization, all of us are actually building a
socially inclusive country and strengthening genuine grassroots
democracy," said Mendoza.
"Much credit should be
given to Sen. Joel Villanueva, the Chairman of the Committee on
Labor and the principal sponsor of the bill who patiently and
carefully built the coalition of Senators who passed the measure by
a vote of 15-0 tonight. He converted potential oppositors into
allies by showing them the reasonableness of the bill – that the
needed first step to putting a stop to "ENDO" is not to ban
contractualization per se but to go after contractors and agencies
who do not actually directly have workplace control over the workers
they place in firms. Further, the bill only serves to regularize
those workers from agencies who are actually doing jobs directly
relayed to the principal business of the firms they are deployed in.
And finally, it deems agencies that are merely recruiting and
deploying workers, irrespective of their capitalization or
equipment, as being engaged in illegal labor-only contracting,"
explained Mendoza.
"We understand that
several Senators led by Senator Joel Villanueva walked out of a
private briefing being given in the Senate by the Joint Foreign
Chambers of Commerce who were scare-mongering legislators as to the
economic impact of the Security of Tenure bill. We also recognize
the leadership of Senator Vicente Sotto III and Majority Leader Juan
Miguel Zubiri in resisting the attempted derailment of the bill by
certain parties," added Mendoza.
"Kudos also goes to
Senators Nancy Binay, Grace Poe, Rissa Hontiveros, Franklin Drilon,
Ralph Recto, Loren Legarda and Cynthia Villar who contributed their
great moral persuasive powers to helping right the historic wrong of
epidemic-scale contractualization. TUCP must pay mention of outgoing
Senators Bam Aquino and J.V. Ejercito, who stood with the workers
from the very start and leave this Congress with great honor for
serving our nation nobly," said Mendoza.
"There are easily 15
million contractual and "Endo" workers in our workforce. The bill
will incentivize workers to higher labor productivity by
regularizing huge numbers of them. It will cut down production costs
by doing away with 'Labor-only' or 'Cabo' contractors whose
financial services charges add 15% to the labor costs of employers
utilizing such agencies. It will reduce training costs for firms who
are constantly refitting a new workforce as they phase out workers
whose "Endo" contracts have run out. It means having an experienced
and loyal workforce for employers treating their workers fairly.
After all, our labor market model should not be sweatshop countries
like Bangladesh. By equipping our workers with world-class labor
standards, we help our workers make world-class products, "Mendoza
said.
Endo workers are thriving
in the services sector such as hotels, restaurants, resorts, repair
shops, malls, supermarkets, security agencies, offices, transport,
and logistics. Followed by agriculture and manufacturing industries.
"We understand that in a
caucus requested with the Senators by the Department of Finance
Secretary Sonny Dominguez prior to the vote, Secretary Dominguez
expressed opposition to the House version of the same measure, which
the House passed overwhelmingly 2 years ago by a vote of 177 - 8. It
is apparent that Secretary Dominguez was openly hinting that the
Department of Finance actually looks on the Security of Tenure
initiative with hostility. We still fear that DOF Secretary
Dominguez will move to kill the worker's bill as it goes to the
Bicameral Conference Committee next week," said TUCP Vice President
and Nagkaisa co-convenor Luis Corral. "We trust however that both
the Senate and House panels will keep the faith and uphold the
workers' interest who universally wants to see the end of
contractualization which is really a modern form of slave labor," he
added.
President Rodrigo Roa
Duterte certified the Security of Tenure bill last year as an urgent
administration bill, even as he said, that only Congress, not the
President, could put an end to contractualization. In the 2016
polls, he promised to put an end to contractualization of workers in
"months". In both his 2018 and 2019 Labor Day Address President
Duterte has called on Congress to pass the Security of Tenure bill.
"It has been the great unmet promise of his 2016 Presidential
campaign. Before the end of the 17th Congress, we pray that it is
realized substantially through the enactment of this new law," said
Corral.