Wrong labor provisions in draft charter ‘an honest mistake’: ConCom

ConCom senior technical assistant and spokesperson Ding Generoso said ConCom chairman and former Chief Justice Reynato Puno gave him instructions to apologize to labor groups and Labor Secretary Silvestre Bello III for the inclusion of these wrong labor provisions.(PNA photo)

MANILA — The Consultative Committee (ConCom) tasked to draft a Federal Constitution on Tuesday apologized for the inclusion of the ”wrong labor provisions” in its proposal, saying it was “an honest mistake”.

ConCom senior technical assistant and spokesperson Ding Generoso said ConCom chairman and former Chief Justice Reynato Puno gave him instructions to apologize to labor groups and Labor Secretary Silvestre Bello III for the inclusion of these wrong labor provisions.

The matter was brought before the Committee in its meeting on Monday before the panel took up the changes in the Transitory Provisions to consider the President’s suggestion for a provision to elect a transition president and bar him from running in 2022.

Generoso said the 1987 Constitution’s Article XVI on Social Justice provisions were supposed to have been retained, along with two additional provisions.

These provisions include the protection of overseas Filipino workers (OFWs) and the promotion of employment opportunities for all. However, in consolidating the articles, wrong paragraphs were placed instead.

He explained that he had noted the difference on Thursday (July 5) while proofreading the draft prior to the printing of the copy to be handed over to the President, and called the attention of Committee Secretary Gideon Mortel, who directed a review of the committee proceedings when the matter was taken up.

It was determined that although there were some proposals for changes in the labor provisions, the decision was to retain the 1987 Constitution’s Article XVI and the addition of the two new provisions.

“We had to go back to the record, we found out that there should not have been revisions [in the provisions] in the 1987 Constitution,” Generoso told reporters in an interview.

Advised of the discrepancy, Puno told the Technical Working Group on Sunday that the correct provisions will be restored in the draft but the committee will have to be informed about it first.

The TWG went ahead on Friday with the printing and binding in book form of the copy for the handover ceremonies on Monday, with a view to submitting a corrected version after the committee members are informed.

“Actually, when we were proofreading it, we already noticed it… So we informed CJ (Puno) about it and sabi niya since nandiyan na ‘yan pag-usapan na lang ulit natin sa (he said that if that’s the case, we can talk about it again in the) Committee at saka ayusin (and then fix it),” Generoso said.

So during the meeting on Tuesday, the members were informed and they affirmed the change to be made in the revised draft to be submitted, which will also incorporate the changes in the Transitory Provisions, Generoso said.

“It was an honest mistake. There has never been any intent to change those provisions.

There was also a time in the discussions when some of the provisions were being transferred to the Bill of Rights so mukhang nagkaroon lang ng konting (it looks like there was a) mix up in the files so that ang nailagay na file ay hindi yung (the file that was placed was not the) actual 1987 provision,” Generoso said.

Corrections made

On Monday, a newspaper report quoted labor group Federation of Free Workers (FFW) which described the draft Federal Constitution as “anti-labor”, claiming that some of the provisions were “removed or categorically omitted” and could expose workers to abuses from erring employers.

To correct this mistake, Generoso said the ConCom will be restoring every word in the 1987 Constitution concerning labor plus the two additional provisions.

“We will be changing that section and we will be restoring the entire labor provision under the 1987 Constitution,” Generoso said.

Generoso said there was no intention to omit any provisions protecting the rights of workers in its proposed Federal charter.

“Apparently, there were some proposed changes made but it turns out that when we reviewed the three-column material when it was being discussed, mukhang wala namang binago doon sa (it seemed like there were no changes in the) 1987 provisions and nagdagdag lang ng dalawang (and we only added two) sections which is one, the protection of OFWs and the other is on the promotion of employment opportunities with the goal of have being able to provide full employment in all enterprises and industries,” Generoso said.

Following is the full correct labor provision:

SECTION 3. (a) The Federal Republic shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. No person shall be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, and other conditions that amount to discrimination.

(b) It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.

They shall be entitled to security of tenure, humane conditions of work, a just and living wage, and redress of grievances. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

(c) The Federal Republic shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

(d) The Federal Republic shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

(e) The Federal Republic shall protect citizens of the Philippines working overseas against inhumane treatment by their employers. Those under investigation, or trial for commission of a crime shall be provided legal representation to ensure the protection of their rights.

(f) The Federal Republic shall promote employment opportunities, and pursue the economic goal of full employment. In all enterprises, industries, and work opportunities, citizens of the Philippines shall be given employment preference when they possess the necessary qualifications. Further, persons with disability shall be provided opportunities for gainful employment and the private sector shall be given incentives to employ them.