THE Department of Labor and Employment (DOLE) has ordered the Lucio Tan-owned Tanduay Distillery Inc. to regularize 103 of its contractual workers.
In a 20-page decision, the DOLE Region IV-A office affirmed earlier findings by Labor Laws Compliance Officers (LLCOs) favoring the workers.
“Wherefore, treating the findings of the Labor Laws Compliance Officers as final and conclusive, an order is hereby issued directing Tanduay Distillery Inc. to regularize the above-mentioned Global Pro and HD workers as its own regular employees in accordance with the principles contemplated in Article 294 of the Labor Code of the Philippines, as amended, and the rules laid down in Department Order [DO] 18-A Series of 2011,” it said.
“Further, respondents are hereby ordered to observed compliance with the provisions of Department Order No. 18-A, particularly on the labor services being farmed out or outsourced by the principal,” the order added.
DOLE Region IV-A Director Ma. Zenaida Angara-Campita on Friday assured concerned labor groups that her office would not only continue but strengthen its mandate to implement policies and regulations that will protect the rights of workers.
Campita warned stakeholders to strictly observe compliance with provisions of DO 18-A, particularly on the labor services being farmed out or outsourced by the principal, who under the law is not a considered a legitimate service provider and includes private recruitment and placement agencies (PRPA) and manpower service cooperatives.
DOLE spokesman Nicon Fameronag said the decision was a concrete victory brought by the collective action of workers and other sectors, including legitimate service providers.
DoLE’s decision was based on findings that the two agencies engaged with Tanduay were both manpower service cooperatives, which in effect prohibits them from acquiring any form of labor-only contracting agreement as stated for strict compliance in DO 18-A.
The Philippine Association of Legitimate Service Contractors (PALSCon) Region IV-A, through its president Norman Cordon, hailed Campita for the unprecedented decision which, it pointed out, did not only show the Labor department’s resolve to implement its mandate to protect workers’ rights but also promote a culture of compliance in the labor sector.
“This is a victory of the legitimate service providers who are doing everything possible to generate much needed jobs for the unemployed and underemployed while protecting their rights as contributors to the country’s economy as well as balancing investor’s flexibility to maintain economic vibrancy and competency,” Cordon said.
Earlier, the Labor deparment was able to establish that Kentex Manufacturing Corp.’s sub-contractor, CJC Manpower Services, was not a DOLE-registered subcontractor..
Labor Secretary Rosalinda Baldoz disclosed that DoLE’s findings indicated that Kentex was using its sub-contractor as a dummy to avoid complying with labor regulations.
Kentex was gutted by fire last March 13. It left 72 workers dead and scores of others injured.