A Davao City councilor, Edgar Ibuyan, has filed a proposed ordinance that would regulate the practice by employers of putting out advertisements about the termination or separation from service of their employees. There have been complaints that these ads, which implies that the employee had committed a wrongdoing as reason for the separation, violate the rights of employees and destroy their credibility, thus reducing their chances of becoming employed in the future.
Introduced by EDGAR R. IBUYAN
City Councilor, 1st District
REPUBLIKA NG PILIPINAS
LUNGSOD NG DABAW
TANGGAPAN NG SANGGUNIANG PANLUNGSOD
Tel. No. 222-0855 Local 215/415
Ordinance No._________
Series of 2007
Introduced by EDGAR R. IBUYAN
City Councilor, 1st District
AN ORDINANCE REGULATING THE PUBLICATION OF NOTICES TO THE PUBLIC ON THE TERMINATION OF EMPLOYEES BY THE EMPLOYERS, COMPANIES SEVERANCE OF EMPLOYER-EMPLOYEE RELATIONSHIP AND/OR BUSINESS ESTABLISHMENT OPERATING IN THE CITY OF DAVAO, IN NEWSPAPERS, MAGAZINES, PERIODICALS, AND SIMILAR MEDIA, AND PROVIDING SANCTIONS FOR ITS VIOLATIONS.
Be it ordained by the City Council of the City of Davao in session assembled:
SECTION 1. TITLE
This ordinance shall be entitled AN ORDINANCE REGULATING THE PUBLICATION OF NOTICES TO THE PUBLIC ON THE TERMINATION OF EMPLOYEES BY THE EMPLOYERS, COMPANIES SEVERANCE OF EMPLOYER-EMPLOYEE RELATIONSHIP AND/OR BUSINESS ESTABLISHMENT OPERATING IN THE CITY OF DAVAO, IN NEWSPAPERS, MAGAZINES, PERIODICALS, AND SIMILAR MEDIA, AND PROVIDING SANCTIONS FOR ITS VIOLATIONS.
SECTION 2. DEFINITION OF TERMS
The following terms are defined as follows, to wit;
1. Authorized Causes of Termination refer to termination by (a) installation of labor-saving devices, (b) redundancy; (c) retrenchment to prevent losses, (d) the closing or cessation of operation of the establishment or undertaking, unless closing is for the purpose of circumventing of the provision of law [Azucena, C.A., Jr., The Labor Code with Comments and Cases., 1999, vol. 2, p 617, citing article 283 of the Labor Code of the Philippines, as amended], and (e) disease, as with the employee has been found to be suffering from any disease, whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees [Article 284 of the Labor Code of the Philippines, as amended].
2. Bargaining Unit – is a group or cluster of jobs or positions that supports the labor organization, which is applying for registration, within the employers establishment [Department of Labor and Employment (DOLE) website]
3. Collective Bargaining Agreement refers to a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.
4. Collective Bargaining Deadlock or Impasse exist where good faith bargaining on the part of the parties has failed to resolve the issue and there are no definite plans for further efforts to break the deadlock. It presupposes a reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in an agreement between the parties.
5. Employee – Includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless this code explicitly states that it shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he/ she has not obtain any other substantially equivalent and regular employment ( paragraph (f) of article 212 of the Labor Code, as amended )
6. Employer – Includes any person acting in the interest of an employer directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer, (paragraph (e) of article 212 of the Labor Code, as amended)
7. Exclusive Bargaining Agent – a union duly authorized by the majority of the employees in a bargaining unit.
8. Exclusive Bargaining Representative – Same as exclusive bargaining agent.
9. Just Causes of Termination – Are those provided for under article 282 of the Labor Code of the Philippines as amended to wit; (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; (b) Gross and habitual neglect by the employee of his duties; (c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; (d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative, and (e) Other causes analogous to the foregoing.
10. Labor Dispute includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee [paragraph (I) of Article 212 of the Labor Code of the Philippines, as amended].
11. Legal Strike refers to the strike conducted by employees which complies with the requirements provided for under the Labor Code of the Philippines, as amended.
12. Legitimate Labor Organization means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof [paragraph (h) of Article 212, ibid].
13. Lockout means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute [paragraph (p) of Article 212, ibid]
