A Glimpse of 2010, An Outlook of 2011 Labor Policy Reforms and Industrial Relations Committee (LPRIRCom)

Completed Initiatives in 2010  Magna Carta of Women (RA 9710) – Enacted into law on August 14, 2009; IRR approved on April 30, 2010 Input on the IRR through DOLE and Philippine Commission on Women (PCW) on the 2-month special leave, installation of day care and breastfeeding and lactation stations and freedom to join labor unions irrespective of employment status and place of work  Philippine Psychology Act of 2009 (RA 10029) Circular to members ( ) Touched base with Psychological Association of the Philippines (PAP) and Philippine Guidance and Counseling Association (PGCA) in case they will be tapped for the Professional Regulatory Board of Psychology which is tasked to prepare the IRR  Wage Hike Petitions National: Position Paper for the Business/Employer Sector by the National Advisory Council of the Employers Confederation of the Philippines (ECOP) NCR: Participation in consultative conferences, submission of Position Paper to the NCR – Regional Tripartite Wage and Productivity Board and the Office of the DOLE Secretary

Completed Initiatives in 2010  Participation and involvement in the National Tripartite Industrial Peace Council (NTIPC) Resolution No. 1: Constituting the National Tripartite Industrial Peace Council as the High Level Tripartite Monitoring Body on the Application of International Labor Standards, in particular ILO Convention on Freedom of Association and Protection of the Right to Organize (No. 87) Resolution No. 3: Endorsing and Extending Tripartite Support to the DOLE Initiated Reforms in Labor Arbitration and Adjudication System and in Strengthening Tripartism and Social Dialogue Resolution No. 3-A: Supporting the Creation of a National Efficiency and Integrity Board under the National Tripartite Industrial Peace Council as Monitoring and Oversight Body over the Tripartite Efficiency and Integrity Boards to be established DOLE-wide Resolution No. 3-B: Recommending Pro-Active Involvement in the Implementation of Tripartite Certificate of Labor Standards Compliance under the Labor Standards Enforcement Framework

Completed Initiatives in 2010  Legislative Agenda or Priorities for the 15 th Congress* Holiday Act Amendment (RA 9492) Flexible Holiday Scheme for BPO Industry Rectification of RA 9481 Remove prohibition on night work by women Repeal RA 9849 (Eidul Adha) * AMCHAM Legislative Workshop Series on February 19 and March 18

Completed Initiatives in 2010 Learning Activities and Conferences “Recent Supreme Court Rulings on Labor Cases” for LPRIRCom members on March 19, 2010 “Updates on Labor Policy Reforms Initiatives” for ALPHA members on May 22, 2010 National Industrial Relations Summit on August 20, 2010 with the theme, “Prognosis and Prescriptions on Labor and Employment under the P-Noy Presidency” attended by 191 participants “People Engagement: Key to Organizational Success” for PMAP Pampanga Chapter on August 27, 2010 and UP-SOLAIR on August 28, 2010

Completed Initiatives in 2010 Other Activities IR Consultancy Services – On line and Face-to-Face Participation in the studies undertaken by the Institute for Labor Studies, policy and research arm of DOLE “Flexible Work and Security of Tenure: Toward a Balance of Interests Among Business and Workers” “Decent Work for People of Different Gender Orientation: Embracing Diversity in the Workplace”

Outlook of 2011  NTIPC-Initiated Programs/Activities Tripartite Efficiency and Integrity Boards (National and Regional) Industry Tripartite Councils Pro-active involvement in the implementation of the Tripartite Certificate of Labor Standards Compliance

Outlook of 2011  Membership in the Technical Working Group on Labor and Social Policy Issues, the forum to discuss pending labor bills consisting of representatives from the Employers Confederation of the Philippines (ECOP) and Industry Associations Senate 131 bills SB 672/858 – Security of Tenure – Estrada – public hearing/consultation on Jan. 26, 2011 SB 80 – Workers Productivity Incentives Act – “Annual productivity incentive bonus of not less than 10% of net profits before taxes” – Estrada SB 812/1981 – P 125 across-the-board increase – Estrada/Revilla** House of Representatives 89 bills HB 303 – Security of Tenure – Bello/Bag-ao/Mendoza/Rufus Rodriguez/Maximo Rodriguez/Gunigundo/Ejercito/Aglipay - Approved at the committee level on Dec. 8, 2010 HB 375 – P 125 daily across-the-board – Mariano/Casino/Colmenares/Ilagan/De Jesus/Palatino/Tinio - public hearing/consultation (Feb. 16, 2011)** HB 768/3014 – Magna Carta of Workers in Informal Employment – Angara/Escudero – public hearing/consultation (March 2, 2011) ** TUCP recently filed a Wage Increase Petition for P 75 across-the-board increase for NCR

Outlook of 2011  National Summit on Labor and Employment Employers’ Consultations Consolidated Input on Labor Relations and Labor Law Reform *** Post Employment Remove immediate reinstatement for illegal dismissal For non-compliance of statutory due process, no reinstatement. Adopt Agabon and JAKA cases Contracting/Subcontracting and Outsourcing Amend Department Order No Good faith and exigency of the service as guide to outsourcing/subcontracting Delineate subcontracting and outsourcing Minimum Wage Determination Explore the two-tiered wage fixing approach NWPC to correlate regional poverty threshold with the regional safety net minimum wage based on NCSB methodology Flexibility for the minimum wage based on regional poverty threshold Productivity and other business indices to be used as basis

Outlook of 2011 Right to Self-Organization Amend or repeal RA Reinstate grounds for cancellation of registration. Reinstate the power of DOLE to cancel registration of unions. Prevent the commingling of supervisors and rank-and-file unions in the same establishment under the same federation. Prior disclosure of officers and membership of chartered locals. Relax limitation pf participation of employers for certification election. Minimum compliance to ILO Convention 87. Lessen restrictions on right to self-organization Night work prohibition on women and hours of work Denounce the existing ILO Convention on the night work prohibition on women Ratify C171 that will allow flexibility of night work of women Repeal the 8-hour law and adopt the 48-hour work week to afford flexibility. OT starts after 48 hours subject to guidelines on occupational safety and health More flexible scheduling of holidays at enterprise level Apprenticeship/Learnership/Dual Training System Amend and strengthen the apprenticeship law particularly in SMEs Amend Apprenticeship/Learrnership/DTS as training modalities for flexibility and not limited to 6 months

Outlook of 2011 Productivity Incentives Act Amend the Productivity Incentives Act to make it more flexible depending upon the criteria to be established by the PIP Committee Double Indemnity Act Repeal the Double Indemnity Act by removing its criminal aspect Wage and Non-Wage Benefits Repeal Art. 100 of the Labor Code Flexibility to temporarily reduce wage and non-wage benefits during financial crisis Amendment of BMBE Implement the exemption of BMBEs from minimum wage OFW Bill Certify as urgent the passage of the Seafarers Bill Finalize and implement the guidelines on the Maritime Labor Arbitration Council (MILAC) Ratify the Maritime Labor Convention of 2006 *** Bayview Park Hotel on November 11, 2010 based on the nationwide consultation conducted by the Department of Labor and Employment (DOLE)

Outlook of 2011  Unfinished Business IRR on the Philippine Psychology Act of 2009 Implementing Guidelines on Breastfeeding and Lactation Stations Kapihan on - Magna Carta of Women Philippine Psychology Act of 2009  Continuing Programs/Activities IR Consultants Bureau Writers’ Bureau (including Chapter Presidents as ex-officio members) Speakers’ Bureau