BAGUIO City Councilor Art Allad-iw is set to call, in council's regular session, representatives of Sitel Philippines Corporation, the regional office of the Department Of Labor and Employment, with all interested personalities to shed light on alleged labor issues.
The summons stemmed from complaints of the newly formed Sitel Philippines-Baguio Association of Rank and File Workers (Spark), composed of employees of Sitel Philippines-Baguio alleging a labor practice controversy surrounding the supposed “re-deployment program” by the Sitel which they claimed as inhuman and demotion to several employees from permanent and regular employees to floating status.
“There is a need to know the truth as to the allegations in order to come up with concrete solutions or actions that will aid the City Council in future legislations,” Allad-iw said who is set to file a resolution in the council.
Spark earlier alleged that under the re-deployment program, the company enrolls the employee under their program for re-deployment or transfer to another account, department, program or line of business.
While the employee is in waiting status, the principle of no work no pay applies and they are required to attend all recruitment assessments and recruitment processes to undergo interviews, examinations and related activities, otherwise, they are deemed to have abandoned their work or they will be declared to be absent without official leave.
The resolution, co-authored by Councilors Leandro Yangot Jr. and Faustino Olowan, said regular employees are allegedly under threat of dismissal in these scheme and in several cases decided by the courts and labor tribunals, the stoppage by the employer in giving the salaries or wages of employees even in disciplinary or dismissal processes, is a clear case of constructive dismissal.
“The Labor Code provides provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment will be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season,” the resolution stated.
Allad-iw will file the resolution today, July 3, to set the date of the appearance of the business process outsourcing company.
