For those unfamiliar with House Bill No. 6921 or the act ensuring the welfare and protection of business process outsourcing workers and the recognition of their rights as provided for in the labor code of the Philippines. You may click on the link above to read the lengthy speech made by Mr. Raymond Palatino describing "deplorable" conditions in our workplace. Contrastingly enough, the subsequent bill presents no unique substance that can impact our welfare and can be considered academic.
Our BPO labor force is the industry's most precious asset no doubt. However, we need no special bill to reiterate our basic rights as citizens. We do realize that we are special in some ways but we need no special treatment apart from our counterparts in other industries. We just need to supplement existing laws with creative ideas that will cater to our needs as workers and as citizens. The root of this problem lies within laws' enforcement and not caused by lack of legislation.*credit goes to targana.com for the image.
To stress my point about this House bill's redundancy, let me point out several sections that are already in the Philippine Labor Code.
House Bill no. 6921 Sections 13, 14, 15 and 16 - Regarding regular hours of work, overtime and night differential. This is already stipulated in the labor code of the Philippines Articles 83 to 87.
House Bill no. 6921 Section 18 - About working on holidays. This is already found on LC Book 3 chapter 2 articles 92 to 94.
House Bill no. 6921 Section 8 - Concerning right to self-organization, to engage in collective bargaining agreement and to participate in democratic exercises. This is lengthily discussed in the original Philippines Labor code book 5 chapter 2 articles 248 to 259.
I can go on and on but fact of the matter is any good lawyer can clearly say that provisions in this house proposal are just duplicates of existing laws. As I have said above, the problem lies with awareness of personal rights by workers themselves and enforcement. Based on experience in the past years I've worked as a call center agent, supervisor and call center manager, people are rarely aware of our laws concerning labor especially with the details. Additionally, BPO companies that are most likely to break existing laws are small operators.
Because I want this composition to be constructive as well, I will cite some creative suggestions that will have an impact for our fellow BPO workers.I'll also name areas of the law where we need stricter enforcement in the business process outsourcing industry.
Suggestions:
1. Set aside a day when employees can enjoy a rest day if in case they need to be working on legal holidays. The rest day must be as near as possible to the holiday date so they can enjoy being with their families. Some companies already implement this by using the "skeletal system".
2. Transparent system of wage computation, disputes and resolution.
Additional suggestions post-writing:
1. Create an audit system for labor compliance of BPO's - by regular visits of special auditing reps to unsure compliance.
2. Ensure managers and supervisors are updated with the labor code through testing and continuous education.
3. Abolish call center associations' blacklist of call center applicants.
Enforcement are needed in the following areas.
1. Issues with wages and back pay.
2. Issues with bonds and non-compete clauses.
3. Granting of leaves
4. Rest periods or breaks.
5. Due process in corrective action proceedings.
6. Timely payment, reporting and reflection of SSS, Pag-Ibig and Philhealth contributions.
7. Issues on absences due to medical conditions.
8. Timeliness of regular salaries.
9. Abusive officer conducts.
10. Right to be employed without prejudice among call center association members.
As you may see, there are more enforcement issues than loopholes in our laws concerning BPO workers' rights. As our numbers grow in the future, people that are able to raise issues for our benefit need to be in tune with our needs instead of acting only upon unsubstantiated reports. We need creative ideas and stricter enforcement, not restatement of the obvious.
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8 comments here!:
hay nako mong
u nid to listen to people with good ideas not from people who only know how to complain and gripe
kung hindi... ganyan talaga ang kalalabasan ng bill mo
walang laman
si mong ba ito?
http://www.facebook.com/mongpalatino
You're welcome to attend committee hearings with regard to the bill, in order to improve it, if you wish. Some of your suggestions are already in the bill. Prove that your intentions are constructive.
Seeing that you have been a call center manager and a supervisor, you are in the capacity to raise awareness of labor standards at least in your company. If the problems persist, you probably could've done something about it.
I don't entertain half-assed invitations if you know what I mean.
I only had 2 legislative suggestions so far and I plan on building on it. The other other suggestions you read are for enforcement of existing applicable labor laws. Don't sound like you're insinuating I didn't read 6921 before writing about it... you are sounding stupid. I don't have anything to prove to you. You can listen or read about my ideas but I also suggest you ask your so-called grassroots call center agents to present ideas on how you can make our work a little better. Don't be overwhlemed by criticisms. Hear complaints but listen to ideas.
lastly, don't appeal to my being a manager in a call center. I have as much stake in the improvement of our labor conditions as everyone else in it. And I'm pretty sure I have more stake in it than you do.
If you don't want this arguement online, email me directly. I'm a reasonable person to talk to. Do your homework and don't sound like you don't know anything about working conditions in the BPO industry because although you party list rep's speech is legthy, I'm pretty sure he only gets less than half of the whole picture to see.
Mong wla nmn tlg pinag-kaiba yung proposisyon mo sa dati e. Sana inayos mo muna bago ka nag-presenta sa kongreso. Sana kumunsulta ka muna sa mga nakakatagal na sa industriya
As a first time congressman who has more pending house bills than actual bills passed, Mr. Palatino and his cohorts have really put "so much" thought in this 6921 proposal. :)
Click to see his congressional profle here.
I wonder how of his bills are of quality? Maybe he's got too much on his plate... :)
Ma'am! Mukhang sikat na naman itong blog mu ah... hehehe
Congrat! :)
@Samuel Ong
It is not in any of our interest to criticize Mr. Palatino's congress performance. It is for this reason we may observe most call center employees prefer to be apolitical because we don't want anything to do with their politics.
Please stay on topic and I encourage you to read the HB 6921 draft to learn and be able to express your opinions with meaning.
Thanks. Enjoy reading and you're always welcome here in this blog.
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