The Department of Labor and Employment (DOLE) on Tuesday said that it would look into the alleged labor standards violations of Don Mariano Transit Corp., one of whose buses figured in an accident on Monday, killing 18 people and injuring 16 others.
In an interview, Labor Secretary Rosalinda Baldoz said the department had received reports that the driver of the Don Mariano Transit Corp.’s ill-fated bus had been working excessive hours.
DMTC drivers usually work for at least 19 hours, according to reports.
Under the DOLE’s labor standards, bus drivers are allowed to work only for a maximum of 12 hours.
“We have set this standard because we found out in our previous studies that drivers have a higher risk of accidents if they have already worked for 17 or more hours,” Baldoz said.
If proven to have violated this provision, the bus company will be penalized with corresponding fines, she added.
However, the Land Transportation Franchising and Regulatory Board (LTFRB) will handle the possible technical liabilities of the bus company, Baldoz said.
She disclosed that the bus firm had an expired labor standards compliance certificate (LSCC), an LTFRB requirement before renewing bus a company’s franchise.
Minimum wage, commission
The LSCC is given to bus companies that implement a two-tier payment system for their drivers and conductors.
Under this system, the bus drivers and conductors are paid a minimum wage at the first tier, and a performance-based commission at the second tier.
Such a system was meant to discourage commission-based bus drivers or those who are paid according to the number of passengers they convey from jockeying for position on the road to accommodate as many passengers as possible.
Baldoz ordered the DOLE office in the National Capital Region to conduct an immediate assessment and inspection of the bus company and to include in the priority list of “inspectionable”’ establishments in January 2014 bus companies that had been issued LSCC to ensure their continued and sustained compliance with the requirements of Department Order No. 118-A and its operational guidelines.
78 buses
“Don Mariano Transit Corp. is covered by D.O. 118-A. It was last inspected on July 3, 2012, and issued a labor standards compliance certificate by the DOLE on July 17, 2012. It has an expired LSCC and has not renewed its application,” Baldoz said.
DOLE records showed that Don Mariano Transit Corp., which plies the Baclaran-Novaliches route via Edsa, Mindanao Avenue and Quirino Avenue, has 78 buses, 79 bus drivers, and 107 conductors, and seven certificates of public convenience (CPC).
In Metro Manila, the DOLE has issued LSCCs to 78 bus firms with a combined fleet of 3,561 buses and 385 CPCs, employing 3,927 drivers and 3,632 conductors.
In January 2012, Baldoz issued D.O. 118-12 Series of 2012 pursuant to the provision of Article 5 of the Labor Code to ensure the protection and welfare of drivers and conductors employed in the public utility bus transport industry.
Terms of employment
D.O. 118-12 is known as the Rules and Regulations Governing the Employment and Working Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry.
It institutes major reforms in the terms and conditions of employment of bus drivers and conductors, requiring written employment agreement for drivers and conductors, and providing them standard employment benefits, such as minimum wages, holiday pay, rest day, overtime pay, night-shift differential, paid service incentive leave, 13th-month pay, paid leaves and retirement pay.
The department order also specifies the hours of work of drivers and conductors and provides them security of tenure, as well as a fixed and performance-based compensation scheme and occupational safety and health and social protection benefits.
The order vests enforcement of the minimum wages, wage-related benefits, hours of work and occupational safety and health standards with the appropriate DOLE regional office, and mandates the DOLE to coordinate with the LTFRB on the matter for appropriate action, including possible cancellation of franchise after due process.
“Our main aim with DO 118-12 is to ensure passenger safety in bus transport and also to enhance the well-being and health of bus drivers and conductors,” said Baldoz.
“So in January, when the implementation of our Labor Law Compliance System resumes, we will see to it that bus companies are fully compliant. We will also coordinate with the LTFRB to ensure that only those bus companies with labor standards compliance certificates are issued CPCs,” she added.
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