Let the sunshine in: House bill promoting call center employees rights

Updates on the recently held round-table discussion on BPO workers rights and welfare.

The second round-table discussion on call center rights and welfare finally happened on October 13, 2010 at Gelatissimo, Greenbelt 5, Makati City. It was attended by call center agents from as far as Manila area, QC area, and, with a large contingent, Makati area. We were able to gather 5 major call center locations. A total of 24 participants attended the event.

The program formally started with the Ecumenical Institute for Labor Education and Research (EILER) sharing its research on the plight of BPO employees. Kabataan Party-list Rep. Mong Palatino presented salient points of House Bill 2592 or the BPO Workers and Welfare Act of 2010.

Below are some of the points raised during the discussion:

1)Right to Freedom of Association. All participants attest to the sad fact that they are not given a venue in which they could discuss their issues or concerns as employees. As pointed out in the paper “Offshored Work in Philippine BPOs” by Prof. Maragtas ‘Noy’ Amante, former professor at the UP School of Labor and Industrial Relations (SOLAIR) and currently professor at Hanyang University in South Korea, “despite the high level of communications technology in the industry, most BPO firms are short on the concept of employee involvement.” This was further validated in a recently published book by the International Labor Organization (ILO), “Offshoring and Working Conditions in Remote Work,” which asserts that the BPO industry should "redesign" its work processes, especially in call centers, "to allow BPO workers a democratised participation in policy-making through the formation unions or associations," among other things. The book further stresses that "BPO firms have restrictive rules and procedures which hamper the democratic rights of the employees be it on decision-making or bargaining."

2)Work-related health problems. The nature of the work of most BPO centers is stressful because of various factors: heavy workload, intermittent changes in work shift, irate customers, performance demands, and so on. Given these, BPO employees are vulnerable and exposed to work-related health problems such as hypertension and migraine.

3)Regularization. This is one of the highlights of the bill filed by Rep. Palatino. The Labor Code of the Philippines gives no exception to the standard rule that regularisation should be on the 6th month of employment.

4)Lack of Due Process. An innumerable number of cases that range from illegal termination to salary disputes are being handled by the National Labor Relations Commission (NLRC). In a recent dialogue of Rep. Palatino with DOLE Secretary Rosalinda Baldos, the latter confirmed that, indeed, labor disputes are a common problem being addressed by the department. Rep. Palatino stressed the need to set-up a desk that specifically caters to concerns of BPO employees.

5)Salary disputes, hazard pay, forced overtime, no extra-pay for agents who are multi-skilled or overloading of work and so on.

From the discussion, several campaign plans were set including the formation of a BPO employees' association or alliance. The participants also pledged to actively lobby for the immediate passage of the bill. Activities and initiatives such as t-shirt wearing, rotating decentralised and clustered discussions were immediately set.

The next decentralised discussion will be held in Cubao, with participants from Quezon City area pledging to host the event.#

See related posts:

House Bill 2592: A bill for the protection of the rights and welfare of BPO workers

Call Center Bill: Understanding Its Salient Provisions

Round Table Discussion on BPO Workers Rights and Welfare

House Bill 2592: A bill for the protection of the rights and welfare of BPO workers

The much awaited bill, House Bill No. 2592 or the "BPO Workers' Welfare and Protection Act of 2010, originally filed last 14th Congress, was refiled today by Kabataan Party-list Rep. Mong Palatino.

In his explanatory note, Rep. Palatino explained that the bill "seeks to assert the prescribed labor standards set forth in the Labor Code and institutionalize additional benefits that would hopefully address specific work-related problems and issues peculiar to the nature of BPO work.”

Citing numerous feedbacks received after the young legislator delivered a speech on the plight of BPO workers same month last year, a refined bill has been filed to address the growing problems that need serious and concrete measures in order to protect the welfare of thousands of BPO workers.

The refined and updated bill includes 1) mandatory regularization of all employees who have worked for at least six months in the company; 2) standardization of restroom breaks; 3) standardization of the medical check-up benefits for all workers; 4) right to organize and establish formations and unions; and 5) right to due process in administrative proceedings.

Let us support HB 2592!

Tell your call center friends, relatives, FB friends and Twitter followers that we need their support in order to pressure Congress to pass this bill. Write your district representatives; tell them that we want this bill passed this 15th Congress.

Read and download full text of the bill. Click here and here.

Call Center Bill: Understanding Its Salient Provisions

Kabataan Party-list Rep. Raymond “Mong” Palatino delivered a speech titled “The Call of Call Center Agents” on August 17, 2009. His speech was met with various reactions. It was a mix of accolades and criticisms for the young legislator’s exposé on abuses committed by Business Process Outsourcing (BPO) owners. His speech also presented measures on how to protect and safeguard the rights of call center workers.

Many were exuberant about a young legislator speaking about the plight of employees in BPO companies.

And yes, there were some who criticized. But violent reactions came mostly from BPO owners. And contrary to criticisms posed by some on the purpose of the speech, Rep. Palatino didn’t intend to present call center job as gruesome. In fact, Rep. Palatino just validated the myriad challenges call center agents deal with in their workplaces. These range from health hazards brought about by working on night shift to underemployment.

Rep. Palatino’s speech intended to raise the consciousness of agents on their labor rights. It was a strong statement, a call to action to the Arroyo government that the “sunshine industry” it so promotes and markets in western countries is not a very “friendly” job to the workers.

If you read through the speech, one would seriously ponder: “What can be done to protect their rights? What did the National Labor Relations Commission (NLRC) and the Department of Labor and Employment (DOLE) do to ensure that their rights are protected?”

Highly notable is the fact that just barely five months into office, someone in the House of Representatives stood up to speak for the voiceless call center workers. True to his objective, a bill has already been passed by Rep. Palatino, House Bill 6921 - An Act Ensuring the Welfare and Protection of Business Process Outsourcing (BPO) Workers and the Recognition of their Rights as Provided for in the Labor Code of the Philippines. Read full text of the bill here.

Below are some of the points the bill wishes to address. Let me elaborate a few of these:

1) Are workers ensured medical insurance from day 1?
In two call centers alone, ICT and Sitel, trainees do not enjoy medical coverage as they have to complete their six-month training or probation period first before they are given medical insurance. Why is it that in other companies, as in the case of APAC Customer Services, HTMT etc., coverage starts from day 1.

2) Right to self-organization, to engage in collective bargaining, and to participate in democratic exercises.
What rights can the workers invoke once management and agent dispute arise? Is there a union in every call center to ensure that employees' grievances are addressed?

BPO owners have the leeway to exploit workers in the first place. There are laws which prohibit the formation of unions, disallowing workers from forming one. President GMA made sure that BPO owners will be delighted by the package the government and DOLE have crafted for them.

3) Forced Overtime.
In some centers, agents are forced to render 30-minute overtime work, which will be taken off their lunch break. This usually happens during queuing or peak hours.

4) Reasonable compensation
Some call centers give a measly P12,000 as starting salary, as in the case of Sykes; Sitel (P14,000), APAC (P13,000), Accenture P11,000. Measly as compared to what the company earns. Given the number of calls an agent gets, it is not reasonable for the company to give a measly share of what the workers worked hard for in the first place. The Philippines is among the top choice of American companies because the government 'boasts' of cheap labor.

5) Night Differential.
What is the standard percentage? Some centers give as high as 30%, others a paltry 15%. What does the law require?

The point now is, HB 6921 has been passed and will anytime be ready for deliberation. I challenge groups and individuals who are for the protection of the rights of BPO workers to actively participate once the bill is up for deliberation.