TINDIG SOLAIR – Maraming Salamat!

ANTO COMETA

I would like to thank all those who supported TINDIG SOLAIR, the slate won all the council seats in the first UP SOLAIR Graduate Student Council Elections. In behalf of the UP SOLAIR Graduate Student Council for 2008 - 2009, maraming maraming salamat!

UP SOLAIR Graduate Student Council 2008 -2009

Chairperson - McRhon Banderlipe I, Vice-Chairperson - Jef Baraquio (Students' Rights and Welfare), Councilors - Jab Bandayrel (Extension Program), Anto Cometa (Education, Research and Popular Struggle), Anne Milla (Publicity), Mischa Millar (Finance) and Bammer Pilar (Secretariat and Logistics).

“Isang konsehong naglilingkod, nagbubuo, nakikilahok at tumutugon sa ika-100 taon”

Sustainable Progress in the Organization through Shared Responsibility and Social Partnership

ANTO COMETA

It has been a major dilemma in all organizations on how to deal with internal issues and conflicts arising from different values, views and interests of individuals. These disagreements more often than not become impediments or deterrents in achieving organizational objectives both internal and external. The challenge for parties concerned as well as for the organization is how to resolve internal discord in order to address the needs and interests not only of the individual(s) but also of the organization. Effective management and leadership often depend on the capacity to envision, bring about, sustain and modify valuable agreements among parties (Sebenius 1995). If we were to achieve efficiency and the sustainability of the business, we should highly take into account shared responsibility and social partnership within the organization.

Most people look for solutions by simply analyzing the matter based on what they deem is feasible, usually in the confines of their ivory towers. This may hold true to a lot of circumstances particularly those strategies that need to be imposed in order to get things done the way they wanted it to be without resistance and opposition. However, if we really wanted to recognize and address the matter effectively, we should put into operation proper consultation and negotiation between parties since these issues are of significance whether of common interests or not since it relates to organizational efficiency. Consultation is an avenue whereby parties could discuss and understand matters concerning disputes, positions and interests. Integrating consultation with negotiation puts these matters into concrete plans of action(s) in order to arrive at an agreement or partnership that would settle dissension between parties as well as possible risks for the organization. Negotiation is best understood as the process of potentially opportunistic dealings intended to move ahead the full set of individual interests by jointly decided action (Sebenius, 1995).

Responsibility entails accountability of all those involved throughout a certain process or course of action. It requires parties to be liable in all the phases of the process since these individuals comprise part of the assembly or constituent that collectively concerns the organization and that its impact affects individual interests and welfare. In order to create a just and unfeigned organization-focused undertaking, proper representation and consultation which should eventually lead to negotiation should be taken into account.

Just and Humane Actions

ANTO COMETA

I’ll just be brief about this personal entry.

"The preservation of Roman Catholic views is not pegged by discrimination in any form but through just and humane actions."

This is the last line of the memo I drafted prior to this entry. It just hit me when I realized that were people who deem themselves as righteous by invoking Roman Catholic views and principles in their actions and judgments whereas they themselves are the ones sullying the views and principles they deem revered by the same actions and judgments they carried out.

Although the abovementioned line was used in a different context in the memo, the meaning remains universal.

It is of highest gratitude to those people I got acquainted before who made me understand that people like them deserved what they got.

Memorandum: Worker’s Rights to Religious Affiliation

ANTO COMETA

This is a memorandum I drafted under Atty. Benedicto Bitonio Jr.'s (Former NLRC Chair and DOLE Undersecretary) labor law class as a labor consultant concerning a case of a Physics teacher in a Roman Catholic High School. Aside from the qualification standards based on education and experience, the school requires every teacher to be a Roman Catholic as a condition for hiring and continuing employment. During the instructor's employment in the school he converted to Protestantism. The issues are (1) the validity of the school policy, (2) whether Jessie may be dismissed because of it, and (3) the options to consider in dealing with the situation.

Memorandum: Worker’s Rights to Religious Affiliation

This memorandum seeks to address the underlying issue set forth by the provisions of employment by the school concerning the religious affiliation of Mr. Jessie employed as a member of the faculty of the Science Department, Division of Physics.
_________________________

Statement of Facts

The school is considered as a private sectarian academic institution operating under the jurisdiction of the Roman Catholic Church which employs individuals outside the secular domain to run its operations.

Existence of policy or qualifying standards of the school for both hiring and continuance of employment necessitates members of the faculty, staff and administrative personnel to be affiliated with the Roman Catholic religion.

Mr. Jessie an instructor of Physics in the school once part of the Roman Catholic congregation converted to Protestantism on the course of his tenure.

Questions Presented

Whether the school policy concerning hiring and continuance of the employee’s tenure is valid, this entails violation on the part of Mr. Jessie who is an instructor of Physics in the school.

Whether Mr. Jessie be dismissed from the school as a result of his conversion to Protestantism, given the policy that employees and members of the school to be affiliated with the Roman Catholic religion as part of the hiring and continuance of employment.

Response to the Questions Presented

Being considered as a private sectarian academic institution employing individuals outside the secular domain operating in the Philippines, the school notwithstanding its jurisdiction under the Roman Catholic Church is bound by the rules and regulations governing labor and employment relations of the country. This entails that the school as a labor entity with reference to its employment procedures should be in accordance to the rules and regulations set by the State.

The Philippine Constitution recognizes the right to labor and the promotion of full employment and equality of employment opportunities for all.[1] This academic institution should follow the proper guidelines set by the country with reference to labor and employment. The Philippine Labor Code upholds the civil and labor rights of every employee to which religious institutions are not exempted from.[2]

As members of the Roman Catholic Church, the 1983 Code of Canon Law with reference to the Directory for the Application of Principles and Norms on Ecumenism, Section IV B Item 102[3] states that Christians regardless of its denomination may be encouraged to share in spiritual activities as well as its resources. Protestantism is one of the denominations of the Christian religion. Also taking into account, the school under the jurisdiction of the church is considered as a resource which is of value not only for the church but also for its employees and students for their holistic development as Christians and citizens of the State.

The policy of the school administration negates both views and doctrines of the State and the Roman Catholic Church in promoting and upholding the principles of human rights. In this regard, this memorandum recognizes the right to employment notwithstanding the religious affiliation of the individual. Thus, this invalidates the employment policy set by the school.

In the case Mr. Jessie who is an instructor of Physics of this school concerning the continuance of his employment, in accordance to the Philippine Labor Code, he could only be dismissed only if any of the following grounds are committed; (a) serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work, (b) gross and habitual neglect by the employee of his duties, (c) fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative, (d) commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives, and (e) other causes analogous to the foregoing.[4] It could be argued that the first identified provision of employer termination of the worker has been sufficed. However, it has been established that the policy set by the school is unfounded as both principles of the State as well as the Roman Catholic Church concerning human rights and religious affiliation of the individual in relation to Mr. Jessie’s employment in this academic institution is in contradiction.

This is to inform that the school policy for both hiring and continuance of employment which requires members of the faculty, staff and administrative personnel to be affiliated with the Roman Catholic religion is null and void. As for the case of Mr. Jessie an instructor of Physics, he would be retained as a member of the faculty unless he willfully resigns or there would be violation(s) that fall(s) under the abovementioned provisions of termination under the Philippine Labor Code that would arise in the course of his tenure in which the school will be compelled to end his employment. Nonetheless, proper conduct of dismissal of the employee would be observed.

This is to urge both the congregation and members of the school to practice ecumenism[5] and religious pluralism[6]. This is to promote understanding, cooperation and unity among different religions or denominations within the religion. Tolerance is a condition of harmonious co-existence between members of other denominations and different religions as members of our society. Let us treat all individuals as our equal as we wanted to be treated as equal as well. The preservation of Roman Catholic views is not pegged by discrimination in any form but through just and humane actions.

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[1] Article 13 Section 3 of the 1987 Philippine Constitution

[2] Article 3 Preliminary Title of the Philippine Labor Code – Declaration of Basic Policy

[3] Pontificum Consilium Ad Christianorum Unitatem Fovendam (Directory for the Application of Principles and Norms on Ecumenism) IV B 102 – Sharing Spiritual Activities and Resources, Vatican Church

[4] Article 282 Book VI, Philippine Labor Code – Termination of Employer

[5] Defined as the movement toward unity or cooperation among the Christian churches - Britannica Concise Encyclopedia, http://concise.britannica.com/

[6] Also known as religious diversity which states that there exist significant differences of opinion among individuals who seem to be equally knowledgeable and sincere. individuals who apparently have access to the same information and are equally interested in the truth affirm incompatible perspectives on, for instance, significant social, political, and economic issues. Such diversity of opinion, though, is nowhere more evident than in the area of religious thought. On almost every religious issue, honest, knowledgeable people hold significantly diverse, often incompatible beliefs – Stanford Encyclopedia of Philosophy, http://plato.stanford.edu/entries/religious-pluralism/

UP SOLAIR Student Council Supports Rodolfo Lozada Jr.

ANTO COMETA

It's Our Time

The UP School of Labor and Industrial Relations Student Council would like to support Rodolfo Lozada Jr. in his desire to reveal to the public the truth behind the controversial “NBN-ZTE” broadband project.

The surmounting death threats that he and his family has been receiving for the past few days, and the risks of exposing such anomalies to the public are indications that there are groups who will relentlessly thwart order and destabilize the investigation proceedings.

We believe that curtailment of this freedom not only decelerates the speedy resolution of the case, but it brings millions of working Filipinos clueless as to how their taxes were utilized to finance such projects. We may have varying opinions on the credibility of his statements, but the aim to uncover the truth is based on the principled right that every person deserves to be given a fair chance to speak of and be heard.

And so our vigilance will rise up against these staggering pitfalls of the investigation process. We join the rest of the nation in its search for truth and justice.

For it’s about time that our voices be heard.

UP School of Labor and Industrial Relations Student Council
University of the Philippines - Diliman
February 08, 2008

A-ding and Bato… A-darna: A Short Entry Not Related to Labor and Industrial Relations in Any Way

ANTO COMETA

Jef and I just finished drinking at Kyusinero, an establishment a couple of meters away from Tree House along Matalino Street in Diliman area. It was around 2:30 in the morning when we decided to call it a night (or day - since it’s already morning). We didn’t have any plans of going there but since our favorite drinking spots within the village – Tree House and Taberna Ocho (along Maginhawa Street) were already closed, we were forced to drink there. Actually, we didn’t have any plans of drinking at all since we were already exhausted after doing the paper to be passed to one of our subjects in graduate school that week. However, due to the irresistible craving for alcohol (as always) we were hauled to that place. The place was ok, in fact it was better than we initially thought – food was cheaper compared to Tree House and they close at 4:00 in the morning. It was really a good deal. We stayed there for almost two hours talking crap and disclosing my problems regarding my personal life.

Jef decided to take the route to Kalayaan Avenue on our way home (good ol’ neighbors) when he noticed a new establishment at the right side of the road just across BPI Kalayaan. I looked at it and said – “Yeah, kabubukas lang n’yan two weeks ago, Adarna”. He suddenly exclaimed “A-darna” as if shouting like a local female super hero. I said “teka, dapat ganito, A-ding ang bato… A-darna”. Both of us laughed hard. We made fun of the establishment’s name and even connecting it with an Ilocano (or northern language) word. Obviously, it was a corny remark, but the two of us laughed as if it was really funny. On second thought, it was quite hilarious (on our standards) since we laughed.

Advancing Non-discrimination and Equality in the Workplace: The Case of Company Z

ANTO COMETA

Efforts to advance and uphold non-discrimination and equality in employment and occupation have been a major struggle for workers in order to achieve impartiality in aspects whereby personal as well professional qualifications are put into reservation. The abovementioned dilemma that companies are faced with is not something uncommon as this has been an enduring characteristic of labor markets across countries (Tomei, 2003). Managing diversity in the workplace through company policies and programs leads (at the very least) to tolerance and acceptance of differences amongst individuals within the organization.

Company Z is a European owned and managed Web Services Company operating in the Philippines. They develop PHP-based commercial grade software and performance-based internet marketing services for clients outside of the country. As far as creation and implementation of policies and programs are concerned with reference to non-discrimination and equality, none have been disseminated nor put in black and white. By practice (based on assumption) in the organization, acceptance of workers were based on the competency and merit of the individual and not based on the person’s physical attributes, political views and socio-cultural origin and affiliation.

It could be viewed that articulation of non-discrimination and equality is unnecessary as the organization has been liberal in accepting various individuals having different personal characteristics such as sexual category and sexual orientation. In hind sight this is fairly equitable. However, by means of actuality, non-articulation in any form does not mean approval of such matter. It could be a case of just being apathetic since it would not affect the operations of the business or restrained in view of the fact that discriminative actions could lead to violation of several labor and employment policies and laws which could bring about several negative implications to the company.

Non-articulation does not eliminate bigotry in any way within the organization. Thus, protection against discrimination in the workplace should be enforced (or reinforced) to safeguard individuals from probable adverse consequences that may arise from it. Companies fail to notice the benefits that they could get by implementing and promoting non-discrimination and equality in the organization. Administrating and harboring diversity at work leads to effective workforce management which in turn results to effective and efficient business operations. It does not only foster a good working environment for the welfare of its workers but also provides a stable groundwork for the business to thrive since workers are the chief elements of running the business. Workers play a major role for both the successes and failures of the business. Investing on equality of treatment and opportunity through equal remuneration (compensation and benefits) as well as general undertakings and conduct within the organization would provide an excellent avenue for growth and development for both the individual and the organization.

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.

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[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

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.

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[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