ECOP IN THE FOREFRONT OF FIGHTING FORCED LABOUR

ECOP: In the Forefront of Fighting Forced Labour JOSE ROLAND A. MOYA Deputy Director-General Director, CSR Department Employers Confederation of the Philippines (ECOP) Content     Legal Basis Some Situations and Proposed Solutions ECOP’s Response Scaling Up Interventions Legal Basis 1987 Constitution  Article III, Bill of Rights  Article II, Declaration of Principles and State Policies  Article XIII, Social Justice and Human Rights Civil Code of the Philippines  Articles 32 and 1703 Revised Penal Code  Articles 272 to 274 Republic Act 9278 Legal Basis Civil Code, Art. 32  Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (14) The right to be free from involuntary servitude in any form; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; Legal Basis  Art. 1703. No contract which practically amounts to involuntary servitude, under any guise, shall be valid. Revised Penal Code, Arts. 272 & 274  Art. 272. Slavery- The penalty of prision mayor and a fine not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him. If the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period. Legal Basis  Art. 274. Services rendered under compulsion in payment of debt- The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. Legal Basis  Republic Act 9208: Anti-Trafficking Act of 2003 Some Situations and Proposed Solutions  Situation 1: Training bond A written undertaking requiring the trainee to reimburse the company of its expenses for sponsoring his/her training in the event he/she discontinues his/her employment prior to the completion of a certain period that he/she is under obligation to stay in the company in exchange for his/her participation in the training. Proposed Solutions: 1. The provisions of the undertaking must be fair and reasonable to both parties; 2. They should be fully be fully discussed and explained to the employee concerned prior to the commencement of the training; Some Situations and Proposed Solutions 3. Where sanctions are imposed for any violation of its provisions, they should be proportionate to the gravity of the violation and not unduly burdensome and onerous to the employee; 4. The employee should have the right to propose amendments or revisions to the undertaking; 5. The employee should have the right to decline participation in the training if he/she finds the arrangements unacceptable; 6. Such refusal alone to participate should not be a ground for disciplinary action. Some Situations and Proposed Solutions  Situation 2. Mandatory/Forced Overtime Rendition of overtime, with or without the consent of the employee, to meet buyer’s quota, order or delivery dates is a must. Refusal to do so may result in the imposition of disciplinary sanctions. Proposed Solution: Alignment to the provisions of the Labor Code, Art. 89. Emergency Overtime WorkAny employee may be required by the employer to perform overtime work in any of the following cases: (a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive; Some Situations and Proposed Solutions (b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; (c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; (d) When the work is necessary to prevent loss or damage to perishable goods; and Some Situations and Proposed Solutions (e) Where the completion or continuation of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.  Situation 3: Credit and Loan Schemes for Employees Some companies – (a) administer an in-house credit scheme, payments for which are made through salary deductions. (b) facilitate loans of their employees with other financial institutions. Some Situations and Proposed Solutions Proposed Solution: Policy must consider employee’s take home pay after deducting loan amortization.  Situation 4: Unpaid or Underpaid Work of Child Laborers Child labor especially in the informal economy may not only be underpaid but worse, unpaid. Proposed Solutions: 1. Supply chain awareness advocacy. 2. CSR Programs such as promotion of child friendly and child labor-free initiatives ECOP’s RESPONSE  SMS Compliance Assessment - Social management system (SMS) is a structured administration of social requirements integrated into the business processes and strategies. - Patterned after the international standards for social accountability (SA 8000). - SMS elements: child labor, FORCED LABOR, safety and health, freedom of association, discrimination, remuneration, working hours, disciplinary practices, management system. - SMS assessment is a voluntary measure by which enterprises are assessed and audited based on the 9 elements of social standards. - Includes remediation through training; engagement lasts for 6-8 months. ECOP’s RESPONSE  Labor standards enforcement framework What is LSEF: - Government mechanism for promoting compliance with labor standards. - Depending on company size, involves self-assessment, mandatory inspection, advisory services. What ECOP does: - Awareness campaign and orientation seminars. - Capacity building activities for ECOP staff and selected company representatives. - Collaboration with DOLE and organized labor: consultations, joint trainings/ advocacy. ECOP’s RESPONSE  Child Labor Free and Child Friendly Recognition Program - companies with programs that uphold the interests, rights and welfare of children and place children at the core of their CSR initiatives are publicly acknowledged. - supply-chain driven, continuous improvement approach, provision of opportunities for sharing and showcasing of best practices. Scaled Up Interventions Some proposals to scale up interventions in the fight against forced labor :  Sustained advocacy in partnership with other stakeholders.  Development and dissemination IEC materials and tools for self-assessment.  Promotion of best practices through awards and recognition programs.  Audit of HR policies and practices. Scaled Up Interventions  Industry and supply chain mapping to identify sectors prone to possible forced labor situations.  Identification of existing CSR programs where advocacy against forced labor may be dovetailed and mainstreamed.  Documentation and showcasing of corporate best practices.