All violations of basic workers’ rights are criminal acts

“In many cases, poverty results from a violation of the dignity of human work, either because work opportunities are limited (through unemployment or underemployment), or because a low value is put on work and the rights that flow from it, especially the right to a just wage and to the personal security of the worker and his or her family.” (“Caritas in Veritate”)

WITH DEEP sympathy, the Churchpeople-Workers’ Solidarity (CWS) extends its condolences to the bereaved families of the workers killed at the Kentex Manufacturing Corp. fire in Valenzuela City last May 13. CWS share in their sorrow.

The incident again highlights the hazards faced by workers in many factories nationwide. It is truly tragic that so many perished in a fire apparently because they were trapped inside the workplace. It yet again exposed the abusive conditions that millions of poor and desperate workers across the nation are subjected to. The 72 confirmed deaths point to very serious occupational safety issues in the Kentex factory and show that the government’s mechanism for labor assessment is seriously flawed.

One of the country’s deadliest workplace accidents, this is not the first factory fire, under the watch of this Aquino administration, that killed many workers. We have not forgotten the 17 workers of Novo Jeans and Shorts (May 19, 2012, Butuan City) and eight workers of Asia Micro Tech (April 30, 2014, Pasay City). Often, such tragedies in the Philippines pass without anyone being held accountable. We are deeply saddened that not a single capitalist has been judged guilty and jailed for the death of workers in a workplace. Even the Department of Labor and Employment should be held liable for this tragic incident for giving Kentex an occupational health and safety standard compliance certificate.

All relevant government agencies, including the Valenzuela local government unit and the Bureau of Fire Protection, should deeply investigate the incident and the factory’s compliance with existing mandatory safety standards. If violations are found, it is imperative that for the victims and their families to attain justice, there must be accountability and criminal punishment.

The Church sees violations of occupational health and safety standards that result in workers’ deaths as criminal acts: “All violations of the integrity of the human person, all offenses against human dignity, such as subhuman living conditions, degrading working conditions where men/women are treated as mere tools for profit, rather than as free and responsible persons: all these and the like are criminal: they poison civilization.” (“Gaudium et Spes”)

Furthermore, we vehemently condemn the continued neoliberal assault on workers’ rights through antilabor policies. Contractualization is still prevalent in many factories across the country. To extract more profits from the workers, both government and the private sector are now shifting to contractual labor and flexible employment. Mandated by the logic of neoliberal economic policy to squeeze more profits from the workers, contractualization of workers leads to the dissolution of unions and the dismantling of the protection and benefits of regular workers.

The DOLE reported that Kentex engaged the services of an illegal subcontractor, a violation of the Labor Code. The right of workers for a just compensation was also clearly violated. Kentex is said to have employed more than 100 agency-hired contractuals who received P202 as daily wage. Survivors of the blaze and the victims’ relatives also claim that they were denied many legally mandated benefits and, worse, were forced to work 12 hours a day, seven days a week without overtime pay.

Lastly, we call on Filipino workers to unite in upholding the cause of occupational health and safety and other fundamental workers’ rights. We reiterate International Labor Organization director general Guy Ryder’s statement that: “We can make workplaces safe by improving working conditions in factories, including carrying out regular inspections to ensure that factories comply with structural, fire and electrical safety; and by ensuring workers’ rights, especially freedom of association and collective bargaining.” Hence, we support workers’ right to form labor unions because only with such unions can they fight for their rights.

Echoing the words of Pope Francis, we join the millions of workers in their fight to “construct a society and an economy where man and his good, and not money, may be the center.”

Most Rev. Gerardo A. Alminaza, DD, is chair of Churchpeople-Workers’ Solidarity.