KahLeeVogue
Sep 12, 2003, 04:37 AM
Hey Fellow Call Center People! Read this.
THE DEPARTMENT OF LABOR AND EMPLOYMENT RECOMMENDATIONS ON THE WELFARE AND CONCERNS OF CALL CENTER AGENTS
Last July 30, JobsDB.com held a special call center forum that brought industry leaders into a dialogue with government figures. Special guests included:
* Ilocos Norte Representative Imee Marcos, who also vice-chairs the House Committee on Foreign Affairs;
*Director Teresita Manzala who heads the Bureau of Working Conditions at the Department of Labor and Employment;
*and Mr. Allan Villarante, representing the House Committee on Labor and Employment.
Due to enormous inquiries from our clients and readers alike, we are posting here in full the DOLE’s findings concerning the health-related rights and concerns of call center agents, as presented by Director Manzala.
1. The DOLE Secretary approved the requests of call-center companies seeking exemption from the night-work prohibition of women employees after an ocular visit to requesting call-center companies was done.
2. The Bureau of Working Conditions through Administrative Order No. 210 s. 2002 was tasked to undertake a consultation meeting with call-center companies to discuss labor issues concerning their operations in the Philippines. On September 11, 2002, the consultation with management representatives was held. Management representatives from 10 call-center companies attended the consultation.
Pursuant to tri-partism policy of DOLE in the preparation of labor regulations or guidelines, the workers’ views/concerns affecting their employment, especially the issue on night-work prohibition of women employees was done through an on-site interview with workers from February 5 to 11, 2003.
The Final Report on the Consultation on the Employment Conditions of Workers in Call Centers together with the proposed Memorandum Circular on the Exemption of Women Employees from the Night Shift Prohibition under Article 130 of the Labor Code of the Philippines were prepared with the following conclusions/recommendations:
a. Numerous studies on the physical, psychological and medical effects of night work generally agree that, ifregularly performed, it causes negative effects on the health, social and family life of workers whether male or female. Sex plays no role, thus there appears to be no justification for protecting only women except as to their reproductive function. However, the effects vary from one individual to another.
Thus, the performance of night work for women may be allowed, so that it will not be discriminating against men who are forced to take on night work because it is prohibited for women when they are equally affected. However, in consideration of their reproductive function, the same should continuously be disallowed for pregnant and nursing mothers and those engaged in strenuous activities.
Future legislations should consider specific measures to diminish the ill effects of night work not only for women but for men as well. If night work is an unavoidable necessity, workers should be compensated more in terms of social, monetary and health protection.
b. The International Labor Conventions on Women’s Night Work have been among the most-widely denounced labor instruments, in the light of increasing globalization, growing recognition and acceptance of the principle of equality between the sexes. A contradiction between the differential treatment for women and commitment to equal opportunities and treatment for both sexes exist. There are, however, a few countries that opt to retain it to protect women who still work under deplorable conditions.
Thus, the pursuit of our constitutional mandate for equal opportunities calls for a review of the Articles 130-131 of the Labor Code. While a bill on the repeal of said Articles is pending in Congress, expanding the exemptions to allow night work in non-strenuous activities appears to be our immediate and more appropriate measure, considering that there might be industries in the country where women are still subjected to arduous tasks and long work hours.
c. Consultations with employers and employees of call centers appear to show favorable conditions of work for women in night work, in terms of security of tenure, monetary compensation and provision of fringe benefits. However, there are mandatory benefits, which are not granted according to majority of the respondents to male employees who likewise render night work.
d. With respect to work hours, consultation results revealed that work schedules adopted by respondents deviate from the usual shifts in other industries. A considerable percentage of the workers renders more than eight hours of work, and was allowed/required to work on rest days.
Work hours for night workers in call centers should be limited to eight hours a day, the provision of rest day should be strictly enforced. Future legislation should consider limiting their weekly work hours to 40, similar to health workers who are exempted from the night work prohibition.
e. Welfare facilities are provided by majority of the respondent companies. However, only a few provide for sleeping quarters and transportation. Half of the respondents do not provide health and safety training. Hence, there is a need to increase their awareness on the health and safety requirements of the government.
f. There should be periodic medical check-ups for night workers to determine fitness for night work. There should also be an assessment/study on the health, not only of women, but male night workers as well, to look into its effects given the nature of work and in the absence of studies conducted in telecommunication and globalized markets.
g. Thus, it is recommended that night work for women in call centers be allowed, as an expansion of Article 131 of the Labor Code, subject to certain requirements as contained in a Memorandum Circular to be issued by the DOLE Secretary, which will serve as a Guideline for Call Centers and companies in similar operations.
To date, there are about 13 call-center companies that were granted exemption on the night-work prohibition for women employees with the assurance that the company would provide safe and healthful working conditions and adequate/reasonable welfare facilities such as resting quarters. Also the exemption is subject to the limitation that the female employees should not be below 18 years old and are not pregnant or nursing mothers. Any deviation from the conditions, limitations and those provided for under the Labor Code shall be grounds for revocation of the exemption.
THE DEPARTMENT OF LABOR AND EMPLOYMENT RECOMMENDATIONS ON THE WELFARE AND CONCERNS OF CALL CENTER AGENTS
Last July 30, JobsDB.com held a special call center forum that brought industry leaders into a dialogue with government figures. Special guests included:
* Ilocos Norte Representative Imee Marcos, who also vice-chairs the House Committee on Foreign Affairs;
*Director Teresita Manzala who heads the Bureau of Working Conditions at the Department of Labor and Employment;
*and Mr. Allan Villarante, representing the House Committee on Labor and Employment.
Due to enormous inquiries from our clients and readers alike, we are posting here in full the DOLE’s findings concerning the health-related rights and concerns of call center agents, as presented by Director Manzala.
1. The DOLE Secretary approved the requests of call-center companies seeking exemption from the night-work prohibition of women employees after an ocular visit to requesting call-center companies was done.
2. The Bureau of Working Conditions through Administrative Order No. 210 s. 2002 was tasked to undertake a consultation meeting with call-center companies to discuss labor issues concerning their operations in the Philippines. On September 11, 2002, the consultation with management representatives was held. Management representatives from 10 call-center companies attended the consultation.
Pursuant to tri-partism policy of DOLE in the preparation of labor regulations or guidelines, the workers’ views/concerns affecting their employment, especially the issue on night-work prohibition of women employees was done through an on-site interview with workers from February 5 to 11, 2003.
The Final Report on the Consultation on the Employment Conditions of Workers in Call Centers together with the proposed Memorandum Circular on the Exemption of Women Employees from the Night Shift Prohibition under Article 130 of the Labor Code of the Philippines were prepared with the following conclusions/recommendations:
a. Numerous studies on the physical, psychological and medical effects of night work generally agree that, ifregularly performed, it causes negative effects on the health, social and family life of workers whether male or female. Sex plays no role, thus there appears to be no justification for protecting only women except as to their reproductive function. However, the effects vary from one individual to another.
Thus, the performance of night work for women may be allowed, so that it will not be discriminating against men who are forced to take on night work because it is prohibited for women when they are equally affected. However, in consideration of their reproductive function, the same should continuously be disallowed for pregnant and nursing mothers and those engaged in strenuous activities.
Future legislations should consider specific measures to diminish the ill effects of night work not only for women but for men as well. If night work is an unavoidable necessity, workers should be compensated more in terms of social, monetary and health protection.
b. The International Labor Conventions on Women’s Night Work have been among the most-widely denounced labor instruments, in the light of increasing globalization, growing recognition and acceptance of the principle of equality between the sexes. A contradiction between the differential treatment for women and commitment to equal opportunities and treatment for both sexes exist. There are, however, a few countries that opt to retain it to protect women who still work under deplorable conditions.
Thus, the pursuit of our constitutional mandate for equal opportunities calls for a review of the Articles 130-131 of the Labor Code. While a bill on the repeal of said Articles is pending in Congress, expanding the exemptions to allow night work in non-strenuous activities appears to be our immediate and more appropriate measure, considering that there might be industries in the country where women are still subjected to arduous tasks and long work hours.
c. Consultations with employers and employees of call centers appear to show favorable conditions of work for women in night work, in terms of security of tenure, monetary compensation and provision of fringe benefits. However, there are mandatory benefits, which are not granted according to majority of the respondents to male employees who likewise render night work.
d. With respect to work hours, consultation results revealed that work schedules adopted by respondents deviate from the usual shifts in other industries. A considerable percentage of the workers renders more than eight hours of work, and was allowed/required to work on rest days.
Work hours for night workers in call centers should be limited to eight hours a day, the provision of rest day should be strictly enforced. Future legislation should consider limiting their weekly work hours to 40, similar to health workers who are exempted from the night work prohibition.
e. Welfare facilities are provided by majority of the respondent companies. However, only a few provide for sleeping quarters and transportation. Half of the respondents do not provide health and safety training. Hence, there is a need to increase their awareness on the health and safety requirements of the government.
f. There should be periodic medical check-ups for night workers to determine fitness for night work. There should also be an assessment/study on the health, not only of women, but male night workers as well, to look into its effects given the nature of work and in the absence of studies conducted in telecommunication and globalized markets.
g. Thus, it is recommended that night work for women in call centers be allowed, as an expansion of Article 131 of the Labor Code, subject to certain requirements as contained in a Memorandum Circular to be issued by the DOLE Secretary, which will serve as a Guideline for Call Centers and companies in similar operations.
To date, there are about 13 call-center companies that were granted exemption on the night-work prohibition for women employees with the assurance that the company would provide safe and healthful working conditions and adequate/reasonable welfare facilities such as resting quarters. Also the exemption is subject to the limitation that the female employees should not be below 18 years old and are not pregnant or nursing mothers. Any deviation from the conditions, limitations and those provided for under the Labor Code shall be grounds for revocation of the exemption.