All posts by Moises Lincoln Divero Alicante

24-month ‘probie’ status before employment restructured by workers

MANILA, Philippines – There are signs of anger in some sectors of the industry after news broke that the probationary status of employees and employees could be extended for two years before employment could be finalized.

It was September 24 when Rep. Jose Singson Jr. House Bill 4802 aimed to get the employee signed before the two-year term is permanent.

In a PSN interview, Kilusang Mayo Uno said that the “endo” (end of contract) was now only six months before the probationary period could be completed.

“It makes the workers temporary rather than regular,” said Elmer “Ka Bong” Labog, KMU chairman.

“Endo” refers to the termination of an employee or worker before six months – the length of time required by the Labor Code before making the worker permanent.

Unlike probationary employees, regular security under tenure under Article 279 of the Labor Code is protected by “security of tenure”:

“In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.”

“The proposal to extend the probationary period of a new employee to 24 months is another blow to the workers,” Labog added.

Singson’s defense, however, said it would be easier for people who go through 24-month probation status to be regular full-time employees.

“Lengthening the employer’s probationary stage will give employees more opportunities to prove their worth to the employer, that they have the necessary skills, talents and other qualifications that will drive their regularization along with mandatory benefits,” Singson said.

He had earlier said that six months was not enough to go through the necessary “developmental training” and job search criteria to ensure that they could meet the demands of the employer.

An additional probationary period would also prevent the “automatic regularization of unqualified employees.”

Luke Roh, the national chairman of the Filipino Workers’ Union, replied that Singson wanted to destroy the dignity of the Filipino worker.

“Why does it take two years for the worker to prove his worth in the capitalist business?” said the Spirit.

“Would it not have been for the labor force, paid only by a modest wage, that the capitalist would not have been making a decent profit?”

‘6 months enough’

That is according to Rep. Ferdinand Gaite (Bayan Muna party-list). “That’s too long. The current six months are enough to determine if an employee deserves a job,” Gaite said.

Gaite is one of those who filed House Bill 3381, which aims to ban all forms of contractualization, endo and labor-only contracting.

The militant lawmaker added that Singson’s proposal would only deny the workforce their right to security of tenure and benefits.

“Extending the probationary period is just extending their time to the ’employment limo,'” Gaite said.

Rather than enforcing it, it would be best to just pass the real Security of Tenure Law worker.

The BMP, formerly known rival of the national democratic Left, has also expressed their support for HB 3381 of the Makabayan bloc.

Meanwhile, Bayan Muna is concerned that the Department of Labor and Employment is proposing a version of the SOT bill, something that has already been presented to the House Committee on Labor, due to provisions on fixed-term employment and intensification of contractualization.

“We will not allow it, we will contract it,” Gaite added.

SC ok to release recount report on Marcos protest vs Leni

MANILA, Philippines – The Supreme Court yesterday ordered the Presidential Electoral Tribunal (PET) to release a committee report on the recount of three pilot provinces protesting by former Sen. Bongbong Marcos in his poll protest against Vice Pres Leni Robredo.

Particularly here are the areas of Camarines Sur, Iloilo and Negros Oriental.

At the same time, PET also ordered both camps to comment and submit a memorandum within 20 days of the third cause of action filed by Marcos, who was the annulment of the 2016 election results in Lanao del Sur, Basilan and Maguindanao for terrorism, violence, force, threats, intimidation, pre-shading of ballots and vote substitution.

Marcos declared his defeat from Robredo a ‘massive cheating’ in the 2016 elections “by some 260,000 votes” which Robredo denied.

About 13 justices voted in the en banc session on Tuesday.

Two of the PET’s were ordered to release the report by Senior Associate Justice Antonio Carpio and Associate Justice Alfredo Benjamin Caguioa.

Robredo’s camp then urged the tribunal to abolish the electoral protest and said it had increased 15,000 votes to the vice president when the initial recount ended.

SC Spokesperson Brian Keith Hosaka confirmed last month that Caguioa had submitted his revision and recount report to Iloilo, Camarines Sur and Negros Oriental which included 5,417 voting precincts selected by Marcos himself.

Earlier this morning, Father Faura Street was already divided with Marcos and Robredo supporters. Their prayers and appeals were in favor of the SC’s decision.

But both camps still fail to hear from the SC who actually won the 2016 elections.

70 SAF personnel assigned to guard critical areas

MANILA, Philippines – About 70 new PNP-Special Action Force (SAF) personnel were deployed yesterday to guard critical areas at the New Bilibid Prisons (NBP) in Muntinlupa City.

The new NBP guards are members of the 33rd Special Action Company and the 3rd Special Action Battalion (33 SAC, 3 SAB). They will replace former SAF personnel.

Bureau of Corrections (Bucor) Director General Gerald Bantag thanked National Capital Regional Police Office Director P / Maj. Gen Guillermo Eleazar and SAF Director P / Maj. Gen. Clifton Empowerment of lending staff for the purpose of eliminating corruption and other prison modus operandi.

Bantag challenged the new guards from the SAF to stand strong. “Here you have to be strong in the strength and the big bribe. You will not die if you reject it,” he added.

New SAF guards were placed on the towers and all the entrances and exits of the People were even inspected by the two.

It was learned that 70 new SAF personnel were just part of replacing the previous 200 SAF personnel who had been assigned to the NBP in 2016.

7 PMA cadets in Dormitorio hazing charged in court martial

MANILA, Philippines – Seven cadets involved in the killing of Cadet 4th Class Darwin Dormitorio have been charged in court.

According to Brig. Gen. Romeo Brawner Jr., PMA Corps of Cadet Commandant, officials decided that Dormitorio’s upper classmen had to go to court as part of an administrative case against them.

Among them are PMA Cadets 3rd Class Shalimar Imperial, Felix Lumbag Jr., John Vincent Manalo, Julius Carlo Tadena and Rey David John Volante, Cadet 2nd Class Christian Zacarias, and Cadet 1st Class Axl Rey Sanopao.

They have been charged with first-degree murder and violation of anti-hazing and anti-torture law at the Baguio City Prosecutors Office.

They will be charged with violating Article of War (AW) 96 conduct unbecoming a gentleman and an officer at AW 97 (conduct prejudicial to good order and military discipline).

In the meantime, the PMA has the custody of the cadets first and by the time the court martial commences they will be turned over to the General Headquarters at Camp Aguinaldo.

Meanwhile, the AFP leadership will have to decide if the Tactical Officers of the said cadets, Major Rex Bolo and Capt. Jeffrey Batistiana, and PMA Hospital doctors Col. Cesar Candelaria, Capt. Apple Apostle and Maj. Ofelia Beloy.

Mocha Uson appointed deputy administrator of OWWA

MANILA, Philippines (Update 2, 2:14 pm) – President Rodrigo Duterte has been appointed deputy administrator of President Rodrigo Duterte’s Esther Margaux “Mocha” Uson, according to a released list of presidential appointees dated September 26th.

That is why Article IX Section 6 of the 1987 Constitution forbids the government of appointing lost candidates for one year:

“No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.”

Uson was nominated for the AA Partners party-list in the recent 2019 midterm elections in May, which was held almost five months ago.

However, Comelec spokesperson James Jimenez clarified that the one-year ban does not cover party-lists.

Prior to being assigned to OWWA, which is an agency under the Department of Labor and Employment, he served first as the assistant secretary of the Presidential Communications Operations Office.

In 2017, Mocha became a member of the Movie and Television Review and Classification Board.

An avid supporter of president Duterte, Uson first became known for his dancing and appearing in some outrageous videos.

“You know, I don’t think so. I’m happy to volunteer now, so we just keep going,” Uson said.

Appointment costs

Meanwhile, such an appointment has led to a variety of negative reactions.

The media and arts alliance LODI, or Let’s Organize for Democracy and Integrity, maintains that its position is against the Constitution.

They also used the provisions of Article IX Section 6 of the Constitution as a basis for their position.

“Even with a position in the local government, Uson cannot be placed without violating the Local Government Code,” according to a statement released Monday.

“Uson did not qualify as a PCOO assistant secretary, nor did he qualify for the position of soliciting the full trust of OFWs in handling their money.”

The group added that misinformation and “hate-filled rhetoric” within the OWWA have no place.

Uson has long been suspicious of spreading misinformation.

Not only is the OWWA fund at risk, but also the lives of the OFWs, said the steering committee of LODI.

“We have seen Uson liaise with the former [Department of Foreign Affairs] consultant on the release and monetization of the OFW rescue video in 2018 that has endowed thousands of Filipinos in Kuwait.”

17th of September let ‘s Uson is no intention to be part of the president’s Cabinet.

“You know, I don’t think so. I’m happy to volunteer now, so we just keep going,” Uson said.