DOLE finds labor violations in Tanduay workers’ case

MEMBERS of the Tanggulan Ugnayan Daluyong ng Lakas-Anakpawis ng Tanduay Distillers Inc. (Tudla) stand their ground on the picket line in front of the Asia Brewery compound in Barangay Sala, Cabuyao City, Laguna province. PHOTO COURTESY OF PAGKAKAISA NG MANGGAGAWA SA TIMOG KATAGALUGAN

SAN PEDRO CITY—Anse Are, 27, has been working in the production line of Tanduay Distillers Inc. in Cabuyao City, Laguna province, for almost six years.

He earns P340 in wage plus a P25 allowance a day to support his three children. His wife does not have a job.

“The incoming school year is really a problem to us. We don’t know where to find money for my children’s tuition as I am also supporting two other nephews in the province,” he said.

Are and about 200 other contractual workers of the distillery have stopped going to work since they went on strike on May 18.

As members of the workers’ association Tanggulan Ugnayan Daluyong ng Lakas-Anakpawis ng Tanduay Distillers Inc. (Tudla), they are seeking for the regularization of 397 employees, who comprise 90 percent of the distillery’s labor force.

The contractual workers, some of them working for Tanduay for almost a decade now, are under labor contracts with service contractors, HD Manpower Service Cooperative and the GlobalPro Workers Cooperative.

“We already made it through the 14th day (of strike). We can go on like this if only to win our case,” Are, the president of Tudla, said in a phone interview on Sunday.

Violations

But the strikers saw a glimmer of hope after labor officials, in its initial findings, found violations of labor laws against Tanduay and the service contractors.

On May 27, the Department of Labor and Employment (DOLE) in Laguna released the Notices of Results (NRs) of the compliance visit conducted by labor laws compliance officers in the distillery plant on April 28.

The NRs, copies of which were furnished to the Inquirer by

Tudla, were addressed to Tanduay plant manager Richard Teng, HD Manpower Service Cooperative owner Gregorio Hemedes, and GlobalPro Workers Cooperative owner Alejandro Lukban.

According to the NRs, Tanduay Distillers Inc., referred to in the report as the “principal,” and the two service contractors violated DOLE Order 18-A that provides for the supervision and control, and the work assignment of the workers.

DOLE Order 18-A covers labor provisions on job contracting.

DOLE, for one, noted that the workers were “directly reporting to the supervisor of the Tanduay Distillery Inc.” and were assigned at the production area “necessary to the production of the Principal’s business.”

It added that both contractors failed to assign a “trained first aider” and a safety and health officer to be present during the production.

Tanduay and the two service contractors also violated labor laws when they failed to pay the workers the five-day service incentive leave, an amount equivalent to five-day worth of salary, and when they deducted from the salaries the workers’ medical, uniform and personal protective equipment expenses.

Are said DOLE’s findings were favorable to their case as this “shows that we have been performing jobs similar to those of the regular employees.”

He said the NRs also proved their claim that theirs was a case of labor-only contracting, an illegal labor practice, as opposed to legitimate job contracting wherein contractors should have a direct supervision over the employees.

The three companies were asked by DOLE to present their replies to the NRs in the next hearing scheduled on June 1.

Labor supervisor Marivic Martinez of DOLE Calabarzon (Cavite, Laguna, Batangas, Rizal, Quezon), said by phone that the companies would be given the chance to “refute” the results of the labor inspection before the labor agency issues its final decision.

Asked what penalties the companies could face in such a case, Martinez said the labor contractors could be ordered to cease its operations while the principal might be forced to “regularize” the contractual employees.