Dole: BPOs must explain ‘forced work’ during ‘Uwan’
Labor Secretary Bienvenido Laguesma has ordered the investigation of dozens of business process outsourcing (BPO) companies that allegedly forced their workers to report for work even though it was unsafe to do so during the onslaught of Typhoon “Uwan” (international name: Fung-wong).
The BPO Industry Employees Network (BIEN Philippines) filed a formal request with the Department of Labor and Employment (Dole) to investigate 98 BPO companies and sites, mostly in Metro Manila, for possible violation of the law on occupational safety and Dole’s guidelines on work suspension during inclement weather.
Must report despite hazards
According to the group, most of the BPO workers claimed that they were forced to report on-site despite “widespread flooding,” “high-risk travel conditions” and power interruptions, and that those who skipped work were issued a “notice to explain (NTE).”
“[I] have acted on the request by directing the concerned regional directors where the companies being complained of are located and operating to invite management to explain their side on the allegations so that the regional directors can determine the next step to take after the hearing,” Laguesma said in a Viber message to the Inquirer.
Uwan tore through Luzon after slamming into Aurora province on Sunday night, triggering floods, landslides and storm surges, cutting off power and leaving at least 25 people dead before heading to Taiwan. It blew in as a supertyphoon before it weakened into a typhoon.
It came on the heels of the devastation wrought by Typhoon “Tino” (Kalmaegi) which pummeled central Philippines last Tuesday and left at least 232 people dead.
BIEN Philippines, in a formal request filed on Tuesday, asked Dole to investigate and inspect the BPO companies and sites that may have breached Republic Act No. 11058 or the Occupational Safety and Health Law and the Dole Labor Advisory No. 17, Series of 2022, which provides guidelines on work suspension during weather disturbances and similar events.
“The reports we have received indicate that many BPO companies continue to compel employees to report on-site despite widespread flooding, high-risk travel conditions, and power interruptions,’’ BIEN national president Mylene Cabalona said in the request addressed to Laguesma.
‘Token measures’
In several cases, the workers were advised to use leave credits or face disciplinary action like being marked absent, or receiving an NTE if they failed to report for work, she added.
“These conditions clearly endanger workers’ lives and violate the intent of our labor and safety laws,’’ she said.
Cabalona said some companies provided shuttle services, free meals or temporary lodging for the workers, but called these “token measures” to ensure continuity of operations “at the expense of workers’ safety.”
BIEN identified 11 companies and sites that issued NTEs to absent workers; 26 others that forced its workers to report on-site; and 61 others that exhibited “business as usual” attitude. Some bear the same company name but are located in different cities.
Most are based in the National Capital Region. Others are located in Bacolod City, Negros Occidental province, and Cebu province in the Visayas, as well as Lipa City, Batangas; Sta. Rosa, Laguna; Meycauayan, Bulacan; Clark, Pampanga; and Baguio City in Luzon.
‘Biased’ inspections
Cabalona said BIEN would like to join the Dole inspection of these companies “as it is often reported to us that management-selected rank and file workers are interviewed, making the investigation already biased.”
BIEN urged the department to “direct all BPO employers to prioritize employee safety by suspending on-site work in areas under signal warnings or flooding” and “ensure that no worker is punished, penalized, or forced to use leave credits for prioritizing their safety during natural disasters.”
“There are many good laws for workers but they are not implemented properly, especially in BPO. There is no regulation coming from the government and we have been telling this to Dole for a long time,” BIEN Philippines secretary general Renzo Bahala told reporters.
Bahala lamented that BPO employees face unfair labor practices because they’re expected to report on-site during natural calamities.
“So even if the Philippines is being lashed by a storm, but the country we’re serving is not, in the eyes of our employers our operation should continue,” he said.
Bahala also said the probationary employees bear the brunt of sanctions if they skip work, noting that attendance is a requirement for regularization.
BIEN Philippines in Cebu earlier filed a formal complaint against 30 call center companies based in Cebu for forcing their agents to report on-site despite pleas for their safety during the magnitude 7.6 earthquake that killed at least 79 people in Bogo City on Sept. 30.
