Staggered working hours get new life

THE Associated Labor Unions (ALU), an organization of workers and laborers, yesterday called on employers and management to adopt “flexi-time and flexi-work” arrangements for their employees affected by the massive flooding.

“We are calling on private employers and management and the government to impose flexi-time and flexi-work arrangements to allow working parents to attend to urgent family needs and for them to cope with this emergency situation,” said ALU executive vice president Gerard Seno.

ALU suggested that the employee may report to office from 5 a.m. to 3 p.m., or from 10 a.m. to 6 p.m., or 7 a.m. to 3 p.m.

Seno said flexi-work means workers don’t need to commute to work to do what their bosses told them to do.

“With the existing efficiency of SMS messaging and internet accessibility, these working variations are both a win-win situation between employers and their employees during emergencies or extreme calamities,” he said.

Labor Secretary Rosalinda Baldoz is open to such an arrangement.

“That is possible since we have a guideline on flexi-work already,” she said.

She said the employers and employees, once agreeing mutually, may adopt their Department Advisory (DA) No. 2-2009, which provides the guidelines on the adoption of various flexible work arrangements for labor and management.

One arrangement is the compressed workweek where the normal workweek is reduced to less than six days but the total number of work hours of 48 hours per week shall remain by increasing duties to more than eight hours but not to exceed 12 hours, without corresponding overtime premium.

Another arrangement is broken time where the work schedule is not continuous but the work hours within the day or week remain. 

Source: http://www.malaya.com.ph/index.php/news/nation/10438-staggered-working-hours-get-new-life
Staggered working hours get new life

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THE FIVE (5) PRINCIPLES OF TRADE UNIONISM

Trade unions all over the world adhere to five (5) principles of unionism which is already embedded in the policies, structure and programs of TUCP

Solidarity. Workers must confront and assert their rights collectively. A single worker is weak and voiceless. He has no bargaining power alone and finds himself at the mercy of the employer.
Freedom. Unions must remain independent from the control of management, political parties and government. It must continuously assert and protect the interest of workers

Democracy. Unionism is a collective undertaking hence, participative democracy must be manifested in all areas of organizational motions. Members should be consulted in all the actions and decisions to be undertaken by the union.
Unity. Worker’s unity is a source of power which shields workers from the advantage of employers as to resources and influence in society.
Responsibility. Workers are accountable not only to their sectors but to society itself. Responsible unionism means tempered and sober use of workers’ rights, including the indispensable right to strike.


THE RELATIONSHIP BETWEEN LABOR AND CAPITAL

• The relationship between labor and capital have evolved from the early days where Workers were considered as properties of employers that can be sold when they are no longer useful
• To being considered an expense and input in production
• To becoming a partner of capital where labor contribute his/her skills, strength, education, knowledge, etc. to production and receives a corresponding share of the profit for such contribution
• Under a globalized environment, this concept of partnership between labor and capital sprouted and is being promoted especially among enlightened employers, government and unions.
• This is also used by unions to justify demands for increase in benefits embodied in their CBA proposals.

UNDERSTANDING THE LEGAL FRAMEWORK OF THE INDUSTRIAL RELATIONS SYSTEM

• In most countries where the rule of the law is observed, there is a distinct and orderly hierarchy of laws that govern the life of every citizen of that country. This hierarchy has implications on the way a company formulate and implement rules in the workplace; thus, the need for union officers and members to understand this.
• The same is true in the Philippines.

THE HIERARCHY OF LAWS

• There are two principles that arise out of the recognition of this hierarchy that has implications on the relationship between labor and capital.: The first principle is that no law passed shall violate the Constitution where it was sourced. The Constitution is the fundamental law of the land and spells out the basic rights of individuals and the policies of the state. These policies have to be transformed into laws and rules and regulations before they can be implemented with the exception of the Bill of Rights.
• The second principle is that no special law, rule, agreement or practice can violate a higher right. Thus, an agreement between two (2) persons or parties such as a Collective Bargaining Agreement or a Memorandum of Agreement can not violate standards prescribed by the law.

• Source: alevars@yahoo.com

FUNCTIONS OF A LABOR UNION

Labor organizations have different functions. Most unions, however, only cover the hard core functions of collective bargaining and internal union administration.  This could be attributed to the fact that unions in the Philippines vary according to the type of orientation and values adopted by the trade union organization.

THE FIVE (5) FUNCTIONS OF A TRADE UNION ORGANIZATION
*internal union administration
*collective bargaining
*relationship with national and international labor organizations
*legislative, political and community activities
*education and welfare activities

1.  INTERNAL UNION ADMINISTRATION
Embraces the legislative, executive-administrative and  the judicial functions. 
The Legislative function is exercised by the general membership and its governing body known as the         Board of Directors.  There are questions and issues on union activities which only the general membership can decide on, like questions of major policy affecting all members.
The Executive-Administrative functions involves the execution and implementation of union policies as well as the administration of the day-to-day union affairs.
The Judicial function pertains to the discipline of members and is exercised by the investigative committee or Loyalty Board with the general membership as the court of the last resort.

2.  COLLECTIVE BARGAINING
 Includes the preparation, negotiation process, signing, ratification and enforcement of a collective bargaining agreement between the union and the company summarizing terms and conditions of employment covering the workers represented.  Enforcement of the agreement includes the grievance procedure in the CBA, voluntary and compulsory arbitration including use of concerted activity in accordance with the law.

3.  RELATIONSHIP WITH NATIONAL AND INTERNATIONAL CENTERS
 covers activities related to strengthening relationship with federations, trade union centers and global unions.  This would also include supporting programs designed to strengthen the workers’ movement nationally and internationally.
4.  LEGISLATIVE, POLITICAL AND COMMUNITY ACTIVITIES
    Includes activities to further specific interests and support broad programs such as supporting legislations that would be advantageous to labor,  voting for political candidates supportive to labor and undertaking community activities designed to help workers living in the community.

5.  EDUCATION AND WELFARE ACTIVITIES
 Are activities beyond the representative functions of unions in the company and is related more to the workers well-being and development.  This extra functions means a variety of activities including mutual aid benefits, setting up of cooperatives, health care for members, etc.

These varied functions puts the union into a constantly mobile state from meeting with members, holding a grievance meeting with management, collecting union dues, sends delegates to conferences with government units, passes resolutions in favor or against a particular legislation or national issues and campaign to members to vote for candidates who are considered “friends of labor.” Source: alevars@yahoo.com

THE FUNDAMENTAL RIGHTS OF WORKER

RIGHTS OF WORKERS UNDER THE LAW (Source:  Bureau of Working Conditions, DOLE)

*Premium pay for work within 8 hours on a
    1 - Special or rest day: plus 30% of basic daily rate (bdr)
    2 - Rest day falling on a special day:   plus 50% of bdr
    3 - Rest day falling on a regular holiday:  plus     30% of the     200% of bdr

     *Nightshift differential pay- plus 10% of the basic/regular rate for work between 10PM  to 6AM
  
    *Service Incentive Leave - 5 days with pay per year of service

    *Service Charges
     1 - 85% for distribution to rank and file employees
     2 - 15% for losses, breakages, or distribution to managerial
     employees applicable only in establishments collecting
     service charges)

5.  PAYMENT OF WAGES

6. EMPLOYMENT OF WOMEN

7. EMPLOYMENT OF YOUNG WORKERS
8.  SAFE AND HEALTHFUL CONDITIONS OF WORK AND WELFARE SERVICES
9.  SELF-ORGANIZATION AND COLLECTIVE BARGAINING
10.  LABOR EDUCATION THRU SEMINARS, DIALOGUES AND INFORMATION, EDUCATION AND COMMUNICATIONS MATERIAL
11.   PEACEFUL CONCERTED ACTIVITIES IN ACCORDANCE WITH LAW
12.  PARTICIPATION IN POLICY AND DECISION-MAKING PROCESSES AFFECTING THEIR RIGHTS AND BENEFITS

Workers have a right to participate in policy and decision-making processes in matters directly affecting them
They have a right to take part in tripartite activities with government and employer’s organizations
Through their organizations, workers are entitled to representation in tripartite decision-making functions as defined by law, including fixing of wages and resolution of labor disputes.


12.  PARTICIPATION IN POLICY AND DECISION-MAKING PROCESSES AFFECTING THEIR RIGHTS AND BENEFITS

Workers have a right to participate in policy and decision-making processes in matters directly affecting them
They have a right to take part in tripartite activities with government and employer’s organizations
Through their organizations, workers are entitled to representation in tripartite decision-making functions as defined by law, including fixing of wages and resolution of labor disputes.
13.  FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND SPEEDY DISPOSITION OF THEIR CASES
14.  ECC BENEFITS FOR WORK-RELATED CONTINGENCIES
                                                   Medical benefits for sickness/injuries
                                                   Disability benefits
                                                   Rehabilitation benefits
                                                   Death and funeral benefits
                                                   Pension benefits
15.  SSS BENEFITS
                               Maternity
                               Sickness
                               Disability
                               Retirement
                               Death and Funeral
                               Pension



 
WHY WORKERS JOIN UNIONS  

Workers are motivated to join unions for several reasons. These reasons could be classified into three (3) major areas:  economic, psychological and social reasons.
Economic because they want to improve their standard of living.

Psychological because as human beings, the worker has “personality needs for freedom of action, self-expression, and creativity” and a union of his choice provides him “an outlet to channel constructive and emotional expression to this complaints and problems without fear of retaliation.” 
Social because “as member workers acquire the bonds of group relationships and community life through which they are able to do things that individually they cannot.Source :alevars@yahoo.com