Senator Raffy Tulfo on Wednesday instructed the Department of Labor and Employment (DOLE) to conduct counter-checks in establishments inspectors from the department have supposedly surveyed to ensure the inspector’s compliance with official procedures.
“This is what I need you to do, sir. Dapat, lahat ng inspekto ninyo, imbestigahan ninyo. Quality, not quantity. Na siguraduhin na mayroong evaluation, assessment ‘yung mga labor inspector niyo, na ‘yung mga pinupuntahan nila, mayroong counter follow-up or counter-check na kung talagang ginawa nila ng tama,” Tulfo said as the chairperson of the Senate Committee on Labor, Employment and Human Resources Development, addressing DOLE Undersecretary Benedicto Ernesto Bitonio Jr.
Earlier, Bitonio said that there were already rules in place against endo, and that the agency intervenes in response to reports by conducting inspections if the complainant still works for the company they have reported.
If they have left, Bitonio said that they may avail of the SEnA, or the single-entry approach) for conciliation and mediation. If a settlement is not reached, the worker can raise the issue with the National Labor Relations Commission (NLRC).
Tulfo responded that this was apparently easier said than done, saying that, on multiple occasions, he observed that companies would not only practice endo—short for “end of contract” wherein employees are hired for less than six months to prevent mandatory regularization entailing benefits—they would also commit other labor violations, such as allowing their employees to work in unsafe conditions.
“Easier said than done, ika nga. Kasi I did my inspection last year. Nag-ikot po ako sa maraming malalaking manufacturing company… Ang problema kasi sa inyong taga-DOLE, hindi ka nagi-inspect. Kung mag-inspect man kayo, nakatakip mata niyo. Paglabas ng compound, may bitbit nang envelope,” he replied.
Tulfo told Bitonio that his inspectors need to talk to the employees themselves, and not just the companies’ human resources (HR) departments. Moreover, on one occasion, he inspected a place riddled with violations, only to find that an inspector had visited the establishment only a month ago.
“Go to the mismong lugar na pinagta-trabahuan nila. Walang electric fan, walang exhaust fan, madulas, wala silang proper working gear, naka-tsinelas lang as opposed to dapat naka-sapatos. Those things, nano-notice ko. Anong masakit sir, noong ako’y mag-inspeksyon, (nalaman) ko na ‘yung inspector was just there a month ago, na hindi nakita ‘yung nakita ko,” he recounted.
The senator said that companies will, of course, have two different documents: one containing information on the company that would be deemed passable, another, the “real” one reflecting the company’s faults.
The DOLE undersecretary countered this, claiming that the agency’s inspectors follow a procedure wherein they interview people as needed and examine employees’ workplaces. In addition, those who will not adhere to the standard procedure will be subject to disciplinary action.
Disputing this, Tulfo asked whether any inspector has ever faced disciplinary action, to which Bitonio confessed there have been none.
“Pag punta ko doon, tadtad ng violations. And yet, I came to know, dumating ‘yung inspector doon at pinasa—check, check, check, no violations,” Tulfo emphasized.
The labor committee chair also pointed out that if employees were to report inspectors, other personnel from DOLE would simply protect the inspector in question.
“This nefarious practice of endo, or unlawful, labor-only contracting has to stop. Schemes like 5-5-5 or Cabo system should no longer be tolerated,” Tulfo earlier stressed.
