Sunday, December 16, 2007

Analyzing the Framework and Provisions of an Employment Relationship

ANTO COMETA

The correlation that exists between the employee and employer constitutes the institutional view of an employment relationship. This general view is to some extent problematic as the provisions of employment are not categorically defined. Examining the structure together with the provisions of the individual’s employment provides a better understanding as to what determines an employment relationship. This would aid to address the issues concerning protection, compliance and violations of labor standards as well as to facilitate and promote the appropriate working conditions for both workers and employers.[1]

The employment relationship is outlined within the limitations imposed by both labor and product markets. It is in the exchange between the value of labor and performance of the individual or the worker. Moreover, it is formed within the permanent system of negotiations in view of the fact that a formal contract of employment cannot be expected to characterize the relationship between the specifics of value and performance and that control on cost necessitates repeated emphasis and realization. It is deemed as the exchange between time, qualification and wages which takes place between the employer and employee during the labor process.[2]

In order to establish the existence of the abovementioned relationship it should suffice the elements of selection and engagement of the employee in the organization, payment of wages, the power of dismissal and the employer’s power to control the employee’s conduct. The most essential factor is the employer’s power to manage and control the conduct of the individual, this is not only deemed as the consequence of tasks to be delivered but it provides the means and methods to furnish work undertakings.[3] The subject of identifying the existence of an employment relationship is mainly to establish an appropriate mechanism in order to provide effective measures of protection and prevention of maltreatment and exploitation of workers within the context that constitutes such relationship.



[1] ILO Recommendation 198: Employment Relationship Recommendation, 2006

[2] Huiskamp R. et al, 1995, “Regulating the employment relationship: an analytical framework”, Comparative Industrial and Employment Relations, pp. 17-36

[3] Sy vs. Court of Appeals, G.R. No. 142293, February 27, 2003

Saturday, December 15, 2007

Dissecting the Rudiments of Work and the Individual: Do You Live to Work or Work to Live?

ANTO COMETA

Work and the individual have been regarded as the essential components of society and its institutions. The formation, growth and development of the state together with the rest of its machinery are derived from the collective functioning of individuals for the sole purpose of survival. Without the individual working, continued existence would not be possible. Dissecting the essentials of work and the values obtained and given by the individual provides a basic understanding on the worth of both work and individual to one another. But does an individual exist to provide and execute work or does the individual toils to survive?

Work has been defined in the general sense of the concept as the individual’s effort or activity performed for the purpose of providing goods or services which are of value to others. It is the creation of material commodities as well as services in which the individual may directly consume or vend to others. This provides remuneration which may be in any form whichever considered being part of the undertaking of paid or unpaid labor. Conversely, it could also be the cause of one’s disappointment and dissatisfaction. Whether the value could be seen to have minimal worth or of vast significance, how the individual perceive that particular value and how it affects his or her well being is of substance and of utmost importance.

The view of an individual functioning and existing to perform occupational activities could be deemed as somewhat fatal to one’s being. This particular discernment of an individual existing merely to provide and execute occupational tasks and functions is of less meaning or no meaning at all when carefully examined. The premise does not have any bearing on the individual’s existence as it does not provide any rationale in the individual’s life.

Work could not be estranged from the individual as work provides several indispensable values ranging from subsistence to its socio-psychological importance. These values are deemed necessary as they are needed in order for the individual to continue and provide worth to one’s self whatever that is. At the most, with respect to one’s existence, the individual whether compelled or not works to live and not the opposite.

Restricting Work Equality through Gender Partiality

ANTO COMETA

Society has never been forbearing in terms of gender particularly in employment and equality of work opportunities. Institutions have prearranged standards and established tasks and functions wherein the abovementioned facets of work have been classified and segregated on the account of the individual’s sexual category. There have been numerous efforts of pushing gender sensitivity in employment opportunity and occupation. The creation and ratification of both local and international labor laws and policies seek to provide equal opportunity and shun discriminatory undertakings in both pre and full employment. However, it fell short of substance as they were never really effusively exercised.

Several provisions on both the Philippine Constitution and the Philippine Labor Code outlined the recognition, full protection and support of anti-discrimination in work and employment opportunities.[1] Furthermore, the International Labor Organization has set sight on the promotion of equality of opportunity and treatment by declaring and pursuing a national policy aimed at eliminating all forms of discrimination In respect of employment and occupation.[2] These necessitate that the state would make certain that the fundamental equality between individuals regardless of differences (physical, socio-economic and political relations) are observed and performed in the field of employment and occupation.

In spite of these, laws and policies concerning work opportunity and protection do not fully regulate employers in the selection of its workers and execution of work processes and functions assigned to the individual. To a certain extent it could be seen as if society and its institutions have accepted that preference in gender is not a barrier in the execution of occupational functions. The study conducted by Hector Morada and Lani Santos on sex discrimination in job advertisements in the Philippines reveal that within the period of 1975 to 1995 there has been decreasing figures in pre-employment sex discrimination . However, it did not signify that sex discrimination has declined or has been eliminated. A number of occupations exhibited persistence in eliminating discriminatory advertisements to avoid gender partiality while others display reversals in sex preferred by employers. [3]

We should not discard the fact that the individual is the principal component of any associations that could be instituted within the state. Establishment of these institutions would not be viable without optimizing the potential derived from each individual regardless of gender. With the current protection to labor and support in full employment and equality of employment opportunities, it still remains to be seen how far it would proceed and progress. Unless society and its institutions fully recognize that gender is not a factor that could encumber the functionality and performance in work, the essentials of the so called work equality could be deemed as distant from the ideal.



[1] Article 2 Section 14, Article 3 Section 1, Article 13 Section 3 of the 1987 Philippine Constitution, and Article 3 of the Philippine Labor Code

[2] International Labor Organization (ILO), Convention No. 111 – Convention Concerning Discrimination in Respect of Employment and Occupation

[3] Morada H. and Santos L., 2000, Sex Discrimination in Job Ads, Philippine Journal of Labor and Industrial Relations, pp. 89-99

Thursday, October 25, 2007

Uncertainty 2

ANTO COMETA

Choices are those we make for circumstances that need to (or need not) be decided. Whether we choose to come to a decision or not, it will still have an effect on the current situation that the individual is in. But why is it quite hard to make a choice? I always know the answer, and that’s the reason I wrote this entry.

I never thought I would have another entry that would turn out to be similar to what I wrote before for my sister. I could still remember that night (or should I say morning) when she begged and had given me two sticks of cigarettes (which I asked) in exchange for a one-page paper for her class. I usually don’t write schmaltzy articles, I would rather read those that were written by others than to compose one.

As I finished writing this, I just realized that I smoked ten; five times more than I had when I wrote the first.


The Choice of Uncertainty

You sail again the waters of uncertainties. But this time, it’s more perilous and far more complicated. Coupled with anxieties that you cannot fully explain but you strongly feel.

Several times you have fallen, endured the torment, already cognizant of what should be done the next time you stumble upon the same situation and yet you still haven’t set the course of your life accordingly. The problem is you refuse to learn. How can you set the path when you’re confronted with denial? It’s like a splinter in one’s mind that drives an individual mad. Now, you are strained to make a choice before it turns into complete lunacy. The choice to be made would be the choice that would conclude everything.

But a choice is not an end but a means in achieving an end, an end which in itself uncertain. Why make a choice when you don’t know what to expect after making a choice? A more convoluted question would be, why make a choice when you are unsure what choice to make. There’s only one answer I have in mind, and that is - by not making a choice you have already decided the outcome. Making a choice is the most that an individual could do and the least that could be expected. Everything begins and ends with a choice.

Making a choice is the initial phase in removing the uncertainties that you have. What lies ahead is not something to be terrified of but something to look forward to and be prepared to deal with. I’ve said before that it doesn’t really matter how long the travel would be or the obstacles to be encountered throughout the voyage. What’s more important is that you’re still on the course and nearing towards the destination.

At this point, if I make a choice, would it put an end to the uncertainties that I have in mind? How could a choice make things fall in its proper place, its proper perspective, on the right track? The choices one makes are the choices that will set one’s path (whatever that is). Apparently, uncertainty is not the dilemma but making the choice itself.

Wednesday, October 24, 2007

Romanticizing Dunlop’s View of an Industrial Relations System: Fortifying the Standards of Living (Part 1)

ANTO COMETA

Stability and contentment are two of the major concerns that an individual would want to have particularly for those consumed by society’s repression and inequalities. Elevating an individual’s condition in terms of his status in both socio-economic and personal is a daunting task since numerous factors both internal and external necessitates high consideration prior to executing the decisions (to be) made.

Costing the operational costs to run your life seems to be the most pragmatic approach or method to do yet it appears to lack essence as you (want to) move forward or as you unify institutional views with your personal needs. Perversions of current notions, beliefs and ideologies consummated into actions are at the most that you could perform to satisfy the yearning yet not totally disregarding the normative principles set by society.

A lot of people are under the impression that defiance of institutional standards could lead to progressive modification of the existing paradigm. However, the basis seems to fall short of facts as society has proven its influence, power and control despite the shifting trends. Does defiance modify the paradigm, or does one have to demolish in order to create a new one?

The concepts of stability and contentment are by-products derived from the common ideologies and beliefs shared by individuals involved in a certain system. These ideas are the key elements that integrate the system as functional unit of society. Changing the paradigm necessitates a major shift in the existing ideological equilibrium. Consequently, this will create a new set of rules within the entire system that will characterize and delineate the position(s), function(s) and relationship(s) of the actors within the system.

There are risks that should be calculated and highly considered prior to deciding as to what should be done to rectify or uplift one’s existence. Those risks are the things that are responsible for the stagnation or alteration of one’s being. Whatever the (preferred) outcome, it’s the individual’s choice to make.

Sunday, October 14, 2007

Republic Act. No. 9481: Restructuring of the Philippine Industrial Relations Landscape

ANTO COMETA

Strengthening the worker’s right to self-organization has been one of the major dilemmas that the Philippine Industrial Relations System is confronted with. The lapsing of the labor bill which is a consolidation of Senate Bill No. 2466 and House Bill No. 1351 into Republic Act. No. 9481 poses several implications that could change the structure of the Philippine Industrial Relations scene. Major apprehensions on both end of the business and labor sector has surfaced due to the enactment of the aforementioned labor law.

The labor movement is confronted with a lot of problems branching out from the effects of economic restructuring, market-driven policies, technological change, degree of government intervention among others. The perceived deterioration of the country’s labor movement is mainly due to the structural causes intensified by the unrelenting trends in the labor market which tend to limit the base of union organizing.[1] The new labor law which lapsed last 25th of May 2007 enacted as Republic Act. No. 9481 will further advance the labor movement’s membership as well as extend its representation in the legislation of national policies concerning worker’s welfare and rights.

Malacanang has allowed the bill to lapse into law due to the surefire circumstance that it could perturb the current labor relations as well as the industrial peace that the country is currently experiencing.[2] The evident reason was that endorsement of the labor bill could instigate none support from the business sector, and if vetoed, reprisal from the workers league. Together with the amendments that include requirements for registration for union legitimacy, cessation of union registration, chartering and establishment of regional chapters, intermingling of rank-and-file union and supervisors’ union operating within the same firm in the same federation or national union, representation issue in organized establishments and petitions in unorganized establishments, the new labor law could aid in addressing the challenges that the Philippine labor movement is facing.

With the lapsing into law of Republic Act. No. 9481, the employers bloc were somehow taken aback since there were provisions in the new labor law that regulates (or limits) their capacity to control the emergence and expansion of labor unions as well as the underlying implications that goes with it. Concerns such as how will the expanded rights of workers to self-organization impact on investors’ confidence and industrial peace and stability?, how should businesses respond to this new law?, what are the implications and how could this be mitigated?, what are the next steps towards implementing the new law?, and how will the implementing rules be formulated?,[3] reveal the augmentation of the labor sectors’ influence over labor and economic policies which deemed as a probable risk and to a certain extent burden to the capitalist paradigm. On the labor sectors’ end, although it may be perceived as advantageous in one way or another, reservations on increased inter union conflict has emerged. The amendments outlined could lead to increased discord on ideologies and approaches since membership and representation became more lenient. No doubt that the current conflict between unions has been one of the factors aside from those influenced or brought about by the external and internal features of the system has weakened the entire organization.

It is held that the new labor law may possibly impinge the rule enforcement on union finances, substandard collective bargaining acts, and illegal exaction of fees from employers, among others. Moreover, the provision that managerial and supervisory employees may join, assist or form separate collective bargaining units as well as legitimate labor organizations of their own could instigate an imbalance in the establishment since managers and supervisors are the frontline representatives of the management and are the significant to running it effectively. The new law permits the rank and file employees and supervisors unions operating within the same establishment to join the same federation or national union. By allowing the supervisors and rank-and-file unions to share common cause could affect business operations and the effectiveness of its management.[4] These are the most pressing concerns that need to be anticipated as it may cause instability not only to the firm they are connected to but also to the system itself.

Whatever the concerns and issues related to industrial relations which have always been at the forefront of the country’s political, social and financial economy whether blatantly ignored or addressed have greatly shaped the current country’s industrial relations landscape over time. Moreover, the apprehensions of parties involved could not prevent the system from adapting or transforming itself as they themselves were responsible for its stagnancy or modification.

The changing landscape in the Philippine Industrial Relations is inexorable as it needs to facilitate and address the concerns, issues and shifting structure of the relationships between the actors in the country’s industrial relations system. Moreover, with the current political and economic set up of the country, it is undeniable that the labor sector in the Philippines has been greatly affected by economic policies and restructuring brought about by trade liberalization and globalization. The view on structural adjustment for instance is by and large perceived by the third world countries (such as the Philippines) as an instrument of suppression and exploitation by the industrialized countries.[5] With the structural changes in the Philippine Industrial Relations with reference to the country’ political economy and labor market that has happened in the country over the past decades, the new labor law together with the outlined amendments fervently asserts the worker’s safeguard over the implications that may arise from these.

From a theoretical point of view, reconciliation of divergent views is very much feasible if we were to apply the framework of ideology of tripartism. The Dunlopian model of an industrial realations system which implies unity, interdependence, and an internal balance which is likely to be restored if the system is displaced [6], implies a hope of structural modification provided that the actors are agreeable and the dispute settlement mechanism and strategies are acceptable by the parties. The enactment of the new labor law could be deemed as a significant step in order to establish a new or modified paradigm towards the generation of a more flexible labor market, collective bargaining and policy construction that is affable for the actors or parties concerned in the industrial relations systems of the country.



[1] Bitonio Jr, B. Unions on the Brink: Issues, Challenges and Choices Facing the Labor Movement in the 21st Century,

[2] Bengco, R. “On Brion’s advice, Arroyo lets labor bill lapse into law”, http://www.malaya.com.ph, posted May 29, 2007

[3] Employers Confederation of the Philippines, Republic Act 9481: Boon or Bane for Employers, http://www.ecop.org.ph, June 06, 2007

[4] Sun Star, “Arroyo allows pro-union bill to lapse into law”, http://www.sunstar.com.ph, posted June 06, 2007

[5] Macaraya, B. and Ofreneo, R. Structural Adjustments and Industrial Relations: The Philippine Experience,

[6] Dunlop, J. 1958, An Industrial Relations System - Industrial Relations System, Harvard Business School, Boston

Saturday, October 13, 2007

Impact of Globalization on Trade Unions in the Philippines: Rationalizing Labor Exploitation through the New International Division of Labor

ANTO COMETA

In the Context of the Modern World System

Modernization had such extensive and varied effects on the both world economic markets and its societies. The core section of the paradigm of the modern world system and the division of labor incorporates high standard of technology which results in finished products distributed in both domestic and foreign markets. Due to the nature and how its market operates, most of its workers belong to the formal sector, thus providing an elevated standard of living in contrast to those in the exterior sections – semi peripheral and peripheral segments.

The geographic expansion of the capitalist world economy (particularly industrialized or developed countries) not only altered political systems but also changed the labor conditions wherever it has penetrated. The functioning of the world economy has brought mounting disparities between economies as well as with the abovementioned sections.[1] It has brought distorted growth and development in which social inequalities between the sections of the world economy have increased rather than imparting prosperity for all.

In the Context of Globalization

The new trend called globalization has now replaced the old paradigm of modernizing the world system. Globalization has outlined the economic process which was an outcome from the changes in technology, investment and production and distribution. It is in the framework of globalizing the economies of countries in order to utilize and maximize the resources and economic potential of a specific nation. Foreign investments and its leveraging of resources as well as relocation of its business operations across borders particularly to third world countries has greatly affected the Philippine industrial relations as well as the country’s economic structure.

The new paradigm of the international division of labor states that less developed (or underdeveloped) countries are made to specialize on labor-intensive, low-technology export commodities while those considered to be more developed focuses on capital intensive, high technology products of the multinational companies as well as transnational corporations.[2] In the Philippines, the most evident effects or trends with reference to globalization both on firm and industry levels are, trends toward labor flexibilization, trends toward the informalization of labor, trend toward an HRD strategy. These in turn have an effect on the workers as well as trade unions at it poses threat on job security which could increase the country’s unemployment and underemployment conditions, restriction on legislation matters, base reduction for union organizing and difficulty in collective bargaining.[3] Such effects create greater instability in the Philippine Industrial Relations System as it already is. The outcome illustrates the weakening power and influence of the labor sector which could result in the ineffectiveness of the country to deal with such crisis.

Globalization to a certain extent pushes workers in the formal sector to the other end. The future of unionism cannot be isolated from the future of the workers in general. The determination of that future will be a product of many procedures associated with an integrating world. These include economic restructuring, market-driven policies, technological change, the degree of government intervention in labor markets and industrial relations, flexibility in the way work is organized and growing diversity of work, and the increasing dichotomy in terms of employment and income opportunities between workers from both formal and informal sectors. [4]

Economic growth brought about by globalization is advantageous as it could facilitate in the development of the country. However it should also be taken into account the negative consequences that could be incurred by having such since effects of these could bounce back and have an effect on the state of the country’s economy. It is without a doubt that economic needs of a country could not be disregarded and consequently, compromises are inevitable. It is imperative to emphasize that is not just austerely optimizing the conditions of the market but to reconcile the interest of the workers with the welfare and economic needs of the society as whole.[5] Trade unions play a major role in the representation and formulation of certain socio-economic policies concerning not only those in the formal labor sector but also for those classified as informal. It must be taken in great consideration in order to adjust suitably to the changing trend in the world economy and landscape in the Philippine Industrial Relations System.

Globalization has taken its socio-economic toll in the exploitation of the labor sector, primarily those located in third world countries such as the Philippines. The old model of the international division of labor has been replaced by a more exploitative paradigm having direct effect on those that belongs in the working class and its trade unions. Addressing the economic needs by adapting to the changing conditions brought about by globalization is essential for the country’s survival. However, interests of workers in the formal labor sector should also be taken into consideration to fully capitalize on the changing trend in the economy.



[1] Wallerstein, I. 1974 The Modern World System: Capitalist Agriculture and the Origins of the European World Economy in the Sixteenth Century, New York: Academic Press

[2] Ofreneo, R. 2000, WTO and Globalization: Trade Union Issues and Challenges in the Asia Pacific, p.4

[3] Ofreneo, R. 2000, WTO and Globalization: Trade Union Issues and Challenges in the Asia Pacific, pp. 11-13

[4] Bitonio Jr, B. Unions on the Brink: Issues, Challenges and Choices Facing the Labor Movement in the 21st Century,

[5] Weiss, M. Globalization: Challenges and Opportunities for Philippine Industrial Relations in the Next Millennium, J.W. Goethe University, Frankfurt (Germany)

Monday, September 17, 2007

Ending Campus Violence

ANTO COMETA

Official statement released by the Student Council of the UP School of Labor and Industrial Relations with reference to a recent incident concerning an undergraduate student who died due to a fraternity related occurrence.


LET US PUT AN END TO CAMPUS VIOLENCE

The UP SOLAIR studentry sympathizes with the bereaved family and friends of Chris Mendez, an NCPAG senior who died last week due to a fraternity hazing incident. We also extend our prayers for the speedy delivery of justice to Chris and to the many others who have become victims of these fraternity-related incidents.

This issue awakens us to the fact that putting an end to campus brutality may remain an elusive goal for the members of the UP community. Fateful incidents such as these tarnish the much-celebrated academic and social reputation of our University. Many forms of physical abuse occurring everywhere in our campus counter the premises of academic freedom which we have selflessly fought for and sustained throughout the years.

We in UP SOLAIR condemn all forms of campus violence. We recognize this issue as an organizational malady that needs to be acted upon. While student councils, student organizations, fraternities and sororities continue to provide a staunch support in promoting the University's academic and social thrusts, we are, at the same time, endowed with the responsibility of ensuring the rights and welfare of the students.

We therefore urge the administration to address the need for institutional reforms to break the traditional inhumane practices employed by some organizations and to safeguard the students' rights to a safe and student-friendly campus.

Every member of the UP community is asked to remain vigilant. Collective effort should be observed in order to systematically eradicate violent incidents in our campus. It is about time that we set our self-gaining interests aside and promote solidarity and respect for one another.

For in the end, we will never be judged by our individual contributions but by our conscience.

Let us help make campus violence a history. . . NOW!!!!!


UP SOLAIR Student Council
University of the Philippines - Diliman
September 4, 2007

Friday, September 7, 2007

The Drinking Bender after the Midterm Exam

ANTO COMETA

Results from the midterm exam in IR 201 were already out. I didn’t know that until Cathe text messaged stating that Dr. Bach Macaraya was already distributing the midterm papers in class. At the time she informed me, I was on my way to UP SOLAIR. I was with my drunk dad whom I asked to drive me to school. We were stuck in heavy traffic at Philcoa. After receiving that text from Cathe I was a bit uneasy and wanted the car to fly in order to get to UP SOLAIR in an instant. I received a text message again but this time it was from Jef. He asked if I would like to go out after class with Pau, Bam and Gracey to celebrate Pau’s recent break up with her boyfriend.

When I arrived at the school I immediately went to the classroom. Obviously I was late and it was so evident because there was a group reporting in front and the class for some reason was so quiet although the topic of the report was very mind stimulating – “Strategic Choice of Multi National Companies”. When I entered the class everyone looked at me as if they saw an extra terrestrial life form entering earth. I immediately sat down and looked at Cathe who was seated across - smirking. I was seated beside one of the reporters, Mani. It’s a pseudonym I invented since I don’t want to disclose his real identity because he’s an established person in his field. After a couple of minutes I received a text message, it was from Cathe. She was asking me how it feels to be seated with Mani – the person we were so irritated with since day 1 of that particular class. I smiled and replied “feels like heaven”.

After 40 minutes, the uneasiness got worse not because I was seated beside Mani (actually he was so nice to me and even offered chocolates, which I didn’t refuse, well, at first I did but he was insistent so I did get some) but mainly because the people beside me were looking at their papers. I snapped. So I asked Mani if we could have a 10-minute break before they start their next topic. In order to get the attention and relay the request to their group mate who was currently reporting, he interrupted the lecture and said, “break daw” the reporter replied “huh, ano, break? break na tayo? It got the attention of our professor and told the class to have a fifteen-minute break. Before I proceeded to have the break, I approached Dr. Macaraya and asked for my paper. I was quite nervous to see the grade that he gave. When he handed over the paper, the foremost thing I noticed were remarks in red. I thought those were terrible comments, but when I looked closely, the remarks stated “ok” and some very critical points that he thought I should have covered and discussed in my paper. When I flipped the last page, it was a relief for me, I got 1.75.

I took my break with two of my “council of elders” (Bossing Jess and Cathe – peace mga friends!) together with Elo. We went to the hut beside the pond inside the school and smoked. We were discussing some things which were mostly not related to industrial relations. We lost track of the time - since we were laughing our hearts out because of some jokes and stuff that Cathe and Elo did while Mani and his group mates were reporting. When we went back to the classroom, the reporter in front was already discussing the conclusion. It was very embarrassing - it was really evident that we didn’t want to pay attention to their report.

After the class, we went to Tree House (a restaurant along Matalino St. which is within our village). We ordered the good stuff – red wine, although the brand of the wine is cheap, nonetheless it’s still the good stuff. All of us were there except Pau. Pau went home after their class but according to Jef she was already on her way to join us. Around 10pm, after we had dinner and a couple of (or several) bottles of wine which made almost everyone tipsy except for Gracie (she never really drinks alcohol, she prefers the Chuckie chocolate drink over alcohol) who just had a glass of wine because we forced her, Pau arrived. She immediately ordered a bottle of beer and briefly discussed their break up, no details though. After an hour then came the “MU” (the label is so childlike – well I don’t know how to label their ongoing relationship). We talked to the guy to make him feel comfortable. Well to start with, the situation is already uncomfortable since he was introduced to the friends of the girl she’s courting, not to mention that all of us had this look as if we wanted to tie him up at the chair he’s currently sitting with a shotgun pointed at his head (or was it just me and Bam - biro lang 'to) and make him confess if his motive is just to fornicate with our friend. Nonetheless we made him feel comfy since we love our friend (hehe - seriously, but not the intimate type).

It was already midnight when Pau and the MU decided to go ahead. We stayed there for several minutes to discuss our personal assessments about the guy. Me, Bossing Jess and Bam had the same view about the guy – he’s just for that thing. Well, as if we can do something about it (if ever yun nga) but Cathe was quite worried after hearing our assessment, so she text messaged Pau to be careful (hmmm…) and be sound on her decisions. The exchange of views and the worrying didn’t stop even after the restaurant closed so we went to a nearby canteen selling baka soup – Tangkoy’s, that’s along Kalayaan Avenue near Tree House. By the way, their baka soup was one of the best that I tasted. Even though I’m so tipsy or scatterbrained I could still discern Cathe’s anxiety. The discussion continued while eating (or sipping) baka soup. When I looked at Cathe I noticed that her MP3 headphones were soaked in the soup. So I stood up and removed the headphones from the soup. Cathe just stared at me. After finishing our soups we decided to go home since all of us are quite exhausted and to an extent drunk (and the discussions were going nowhere).

I really don't know what happened to the rest after I entered Jef's car, all I know was that it was another ecstatic day for me, thanks to the wine... and friends of course.

Friday, August 10, 2007

The Deterioration of the Labor Movement and Expansion of Cooperatives and Its Impact on Philippine Industrial Relations

ANTO COMETA


Economic restructuring and policies, even technological change, brought about by trade liberalization and globalization has greatly impinged the current Philippine Industrial Relations Systems. The decline in both numbers and membership of unions in contrast to the mounting presence of cooperatives and its members has brought several implications in the representation of the formal labor sector- creation of national policies concerning the formal workforce and effectiveness of collective bargaining in the country.

The apparent decline in the Philippine labor movement could be attributed to the structural causes as well as institutional barriers which tend to regulate union organizing and expansion. [1] Foreign investments and its leveraging of resources and transfer of operations across borders particularly to third world countries has instigated not only an economic move but also social as well as political. It has affected the existing national set up of industrial relations system of the country which is executed through the reduction of regular workers and increase in contractual or casual employees, and the prevention of unionism.

Cooperatives has somehow benefited from the effects of trade liberalization and globalization. Companies lean towards the acceptance of cooperatives as compared to unions, which can be perceived in the approach used by numerous companies across industries – the “union avoidance approach”. Companies’ either directly undermine union organizing efforts or restructure the company and relocate the unionized business into a non-unionized setting.[2] Cooperatives are deemed by companies as somehow less problematic and muddled and to a certain extent advantageous as they have become providers of contractual or casual workers for the company they are affiliated or connected to. This has paved the way to the increase in cooperatives over trade unions.

As a major consequence of this growing trend, the underpinning in which the entire industrial relations system is situated has also been compromised - and that is the relationship between the tripartite actors. The core of the Philippine Labor Code which governs the actors is centered within the aspect of regular employment purposely for labor standards and protection.[3] The deteriorating number of non-regular employees due to labor flexibility or flexible labor arrangements brought about by globalization implies minimal influence of the labor sector in public policy and governance. Without ample and proper representation from the workers, its influence over national policies and collective bargaining in terms of employment relationship is at stake. The effectiveness of the national industrial relations system, its control over the employers and protection of the workers is inadequate if not desecrated.

If we are to efficiently address issues concerning the labor sector and its impact on the industrial relations system, major actors in the tripartite system should be properly represented. Programs and policies to be developed and implemented in order to achieve a well-balanced and affable industrial relations in the country should be done with proper consultation from the key actors which runs the national tripartite mechanism.



[1] Bitonio Jr, B. Unions on the Brink: Issues, Challenges and Choices Facing the Labor Movement in the 21st Century, 128

[2] Ofreneo, R. Globalization and Unionism: The SMU Challenge, 7

[3] Macaraya, B. The Labor Code and the Unprotected Workers, 230

Tuesday, July 17, 2007

Addressing the Principle of Minimum Wage Fixing: An Initial Approach to an Efficient Labor Costing

ANTO COMETA


Several theories and models on wages have been developed in order to address the dilemma in the structure of labor costing. Fixing wages covers a wide range of factors affecting both the supply and demand of the labor market as well as economic and political conditions and policies of a country.

One of the components that need to be attended to is the principle of minimum wage fixing. Minimum wage is a good and reliable reference of the standard of living of the workers particularly in developing or third world countries such as the Philippines. In this particular case, the dependent variable which is the minimum wage determines the outcome or the output of the independent variable which is the living standard of the workers. This could assist in the initial approach on how to properly put forward an efficient labor costing policy and structure across economic sectors and industries.

According to the Labor Code of the Philippines, the determinant of the minimum wage in the country constitutes a near satisfactory level that could sustain the living conditions in terms of the basic necessities of the worker. “The regional minimum wages … shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program.”[1]

As avowed in the labor code, the minimum cost of labor ensures sufficient remuneration for the worker in order to suffice the cost of living or the standard living necessities of the individual (and their families). However, in this regard, the minimum wage does not entail improvement in the economic situation of the individual. This is just a mere “pay the rent” principle whereby an individual works in order to live by the day.

Minimum labor costing should intend to address poverty and guarantee the sustainability of the necessities of the workers and their families. A study conducted by Catherine Saget of the International Labour Organization (ILO) with reference to the minimum wage and its impact on the nation’s poverty suggests there is evidence to support that minimum labor costing can take an essential part in the reduction of poverty of a country. [2] In relation to the evidence, at least three premises should be sufficed - (1) most workers should be entitled to get at the least the minimum wage, (2) compliance of employers with the minimum wage regulation and there should be (3) no price increase in commodities following the augmentation in minimum wage. Accordingly, if the three conditions were met, the principle of minimum wage to surmount poverty and meet the requirements of satisfying the necessities of the workers and their families is feasible.

One of the major hindrances aside from the economic condition affecting the country and its labor market is the revenue acquisition of the employers. Employers are quite concerned in the maximization of their profits. Most if not all adheres to the principle of sticky wages. By not promptly responding to the changes in wage levels in the labor market, revenue exceeds the cost of hiring the worker. This is also applicable in hiring additional workforce in their business.

The principle in minimum wage fixing will remain abstract if it would not be applied and stringently implemented. The most viable way of addressing both social and economic issues and eventually arriving to a resolution is through social dialogue in different forms and levels between the tripartite partners.[3] In the paper published by the ILO authored by Tayo Fashoyin, discourse and consultation between the workers (with their organizations or trade unions), employers and the government as well as other relevant stakeholders is a useful measure of developing agreements on policy issues.

Coming to agreements and formulating policies based on the consensus of concerned parties plays a fundamental function in shaping the labor market and relevant institutions as well as the economy of the country. An efficient minimum wage fixing could pave the way not only to an efficient structuring of labor costing but also to the development of the country and its economy.



[1] Art 124 of the Philippine Labor Code, www.dole.gove.ph/laborcode/

[2] Catherine Saget, Minimum Wage – Does it Cut Poverty?, http://www.ilo.org/public/

[3] Tayo Fashoyin, Social Dialogue and Labour Market Performance in the Philippines, http://www.ilo.org/public/

Wednesday, July 11, 2007

Earrings With Feelings

ANTO COMETA

I’m promoting my friend’s business, let's support Filipino domestic entrepreneurship.

earrings with feelings.

abubot.

palamuti.

kerengkeng.

sabit-sabit.

borloloy.

palawit.

They are selling funky earrings made mostly out of wooden and glass beads. If you want an alternative pair of earrings for your fashion accessory that is very unique and affordable, you may place your order(s) by contacting them through the following numbers:

Jasmine - 0917-8978562

Riza - 0917-8502849

Ros - 0919-2394114

Email: earringswithfeelings@gmail.com

Blog: http://earringswithfeelings.blogspot.com