Small step to victory: DoLE Region-IV exposes Tanduay management’s “non-compliance to Labor Code”

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CABUYAO CITY, LAGUNA – Cheers from the picket line were heard today when Tanduay workers on strike celebrated a small step to victory as the National Conciliation Mediation Board (NCMB) released the results of Department of Labor and Employment inspection stating the Tanduay management’s “Non-compliance with Department Order No. 18-A, series of 2011”.

The good news came as the workers at the picket line welcomed their fellow workers who came back from a protest action with Kilusang Mayo Uno, Bagong Alyansang Makabayan, and other sectoral groups who trooped to the Department of Labor and Employment in Intramuros, Manila., Mendiola and the International Office of Tanduay Distillers, Inc at Makati City earlier today.

Anse Are, President of the Tanggulang Ugnayan Daluyang Lakas ng Anakpawis sa Tanduay Distillers Inc. (TUDLA) said that this is a solid basis for proving that Lucio Tan practices the illegal Labor Only Contracting (LOC). In a 5-page document addressed to all parties including the Tanduay management and the agencies of Global Skills Providers Multi-purpose Cooperative and HD Manpower Service Cooperative, DoLE stated that the basis for non-compliance are:

a. Supervision and Control – Employees of the Service Cooperatives were directly reporting to the Supervisor of the Tanduay Distillery, Inc.,” and,

b. Work Assignment – Employees of the Service Cooperatives were assigned at the production area which is necessary in the operation of the Principal’s business”

“DoLE has yet to expose that the tools and equipment are owned by Tanduay management and not from the agencies. We urge the officials to be thoroughly honest with their report,” Are said.

Added to the indicated violations from the management were the “non-payment of five days Service Incentive Leave Pay” and “Unauthorized deduction of medicines, uniform and Personal Protective Equipment”. Several issues on Occupational Safety and Health Standards were also reported.

“We shall not let ourselves turn complacent because of this legal victory. We know that Lucio Tan and the Tanduay management will do everything they can to manipulate the legal system. Or even if we win legally, they may still become adamant to our demands for regularization. The NCMB result will further fuel our strike in the next days until concrete victory is attained,” Are stressed. He added that the management has yet to be held accountable for the numerous human rights abuses made by hundreds of hired goons who have attempted to disperse them through violence.

Tanduay workers have been on strike for 10 days now calling for the regularization of 397 workers employed as contractuals for 5 to 11 years. ###

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