Gender responsive provisions in collective bargaining agreements/Toplu pazarlik anlasmalarindaki toplumsal cinsiteye duyarli hukumler.
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|Author:||Edralin, Divina M.|
|Publication:||Name: Kadin/Woman 2000 Publisher: Eastern Mediterranean University Audience: Academic Format: Magazine/Journal Subject: Social sciences; Women's issues/gender studies Copyright: COPYRIGHT 2009 Eastern Mediterranean University ISSN: 1302-9916|
|Issue:||Date: June, 2009 Source Volume: 10 Source Issue: 1|
|Topic:||Event Code: 640 Foreign trade; 280 Personnel administration; 950 International economic relations Canadian Subject Form: Collective labour agreements; Child labour|
|Product:||Product Code: 9105130 Social Service Support Programs; 4721000 Travel Agents; 9103557 Racial Oppression; 9918330 Collective Bargaining; 4830000 Radio & TV Broadcasting; 7011000 Hotels & Motels; 9918560 Career Planning; 9108000 Economic Programs; 7752000 Prostitution; 9920000 Multinational Corporations; 8331000 Job Counseling Centers; 9918650 Leave of Absence; 9918440 Affirmative Action; 8220000 Colleges & Universities NAICS Code: 92313 Administration of Human Resource Programs (except Education, Public Health, and Veterans' Affairs Programs); 56151 Travel Agencies; 92812 International Affairs; 5131 Radio and Television Broadcasting; 72111 Hotels (except Casino Hotels) and Motels; 9261 Administration of Economic Programs; 62431 Vocational Rehabilitation Services; 61131 Colleges, Universities, and Professional Schools SIC Code: 4724 Travel agencies; 4832 Radio broadcasting stations; 4833 Television broadcasting stations; 2023 Dry, condensed, evaporated products; 2834 Pharmaceutical preparations; 7011 Hotels and motels; 7299 Miscellaneous personal services, not elsewhere classified; 8331 Job training and related services; 8221 Colleges and universities|
This paper determines the different gender-related concerns of women workers they considered important to be addressed in Collective Bargaining Agreement (CBA) negotiations and analyzes whether there are actual CBA provisions responsive to these. It also identifies benchmark gender-responsive CBA provisions which other unions could use as bases in negotiating their own CBA demands to respond to women-specific needs and issues. Data were gathered from 50 union leaders in a series of focused group discussions held in the City of Manila and from 50 CBAs from various industries in the Philippines. Findings revealed that trade unionists perceived, before and even up to now, that issues related to: (1) tack of support on reproductive health/rights, (2) sexual harassment, and (3) discrimination against married women were the top three ranked most important women issues that should be addressed in the CBAs. It also appeared that only the CBAs in the Hotel Industry are gender-focused, evidenced by the inclusion in most, of a separate article that pertains to women workers' benefits, whiles the rest lack or has no substantial provisions that will fully benefit women workers in particular. Generally, collective bargaining has not proved to be the panacea for addressing the existing gender inequality in the workplace; and it seems that the best way to address the gender concerns of women workers in the workplace and in all fields of working life is likely through the legislations and the courts. At the company level, it is recommended that trade union women leaders, in collaboration with the men leaders, must implement courses of action, such as improving CBA provisions related to reproductive health/rights and sexual harassment and discrimination against married women as well as involving and training more women workers in union governance.
Keywords: Collective bargaining, Collective Bargaining Agreements, Filipino women workers,Women in trade unions, Gender responsive CBAs.
Bu makale kadin iscilerin toplu sozlesme surusmelerinde dikkate alinmasini istedikleri sorunlari tanimlarken gorusmelerin bu sorunlaar ne derecede yanit verdigini tartismaktadir. Ayrica makale toplumsal cinsiyete duyarli toplu sozlesme gorusmelerde ortaya cikan referans noktalarinin diger sendikalar tarafindan kadinlara ozgu ihtiyaclar ve sorunlara cevap verecek bicimde nasil kullanilabilecegini tanimlamaktadir. Veriler Manila, Filipinler'de 50 degisik sektorden gelen 50 sendika lideriyle yapilmis focus grup toplantilarindan derlenmistir. Bulgular gostermistir ki sendika liderleri toplu gorusmelerde onceden ve halen gecerli olan su sorunlari dile getirmelidirler: (1) kadinlara ureme sagligi ve haklari konusunda yeterince destek olunmamasi; (2) cinsel taciz; ve (3) ust duzey yonetimde evli kadinlara yer verilmemesi. Sadece otelcilik sektorundeki toplu sozlesme gorusmelerinde calisan kadinlarin haklarini koruyan toplumsal cinsiyet odakli bir maddeye yer verildigi gorulmustur. Genellikle toplu sozlesme gorusm eleriyle isyerlerindeki toplumsal cinsiyet esitsizliklerine cozum saglanamadigi gorulmustur. Bu konudaki en iyi yontem yasal duzenlemeler ve mahkemeler olarak gorunmektedir. Isyeri duzeyinde sendikalarin kadin liderlerinin erkeklerle birlikte calisarak toplu is sozlesmeleri gorusmelerine, kadinlari sendika yonetiminde yer almalari yonunde egitmenin yani sira, kadinlarin ureme sagligi ve haklarinin taninmasi, cinsel tacizin onlenmesi ve ust duzey yonetimde evli kadinlara yer verilmesi icin bir dizi madde katmalari gerekmektedir.
Anahtar Kelimeler: Toplu pazarlik, Toplumsal cinsiyet, Filipin, Toplu sozlesme
A woman worker has the right to be treated with respect, the right to a reasonable workload, the right to an equitable wage ... and the right to be human.
(Peartman, Coburn, Jakubowski, 1973:16)
Women and men is an essential way of classifying people in society. The maleness and femaleness of individuals are biological facts. As such, sex is the genetic and physical or biological identity of a person, which indicates whether one is female or male (Reyes, Mandap, Ilarde, Asirot, Valencia, & Robielos, 2003:6). On the other hand, gender pertains to the socially differentiated roles and characteristics attributed by a given culture to women and men (National Commission on the Role of Filipino Women [NCRFW], 1993). Although women and men have inherent physical and biological differences, both are endowed with social, emotional, psychological, intellectual, and spiritual dimensions which enable them to function and contribute to society's development and continued existence.
The more than 2,000 years' history of people in various cultures all over the world has shown that a great number of women in many societies experienced a life of inequality and discrimination as dramatized in their socio-cultural, economic, and political institutions. Gender inequality exists when men (or women) enjoy a disproportionately large share of some valued good such as political power or long life (Dorius & Firebaugh, 2010:1941). Gender inequality has been one of the most enduring forms of inequality across all societies over the course of human history, and the gender divide has been one of the deepest and most resistant forms of inequality existing in the world (Epstein, 2007).
According to the International Labour Organization (2006), the gender gap is evolving into a poverty trap: women face a much higher risk of a drastic drop in living standards when they retire than men. Yet, women account for the majority of the over-60 year old population in almost all countries. Women are disproportionately responsible for household production, which generates lower labor force attachment even when they are working (Haywood and Jirjahn, 2002:45). According to Mehrotra (1998), women often have a double or triple workload, combining economic activities with looking after the household and providing family care. Women are also more likely than men to miss work due to illnesses of children or other family members, and more likely to place limits on hours worked or on commuting distance (Corcoran & Duncan, 1978, as cited in Haywood & Jirjahn, 2002:45). Mehrotra (1998) further observed that if the value of the unpaid, invisible work done by women (approximately USD 11 trillion per annum) is included, global output would be almost 50% greater. Considerable differences exist as well in women's and men's access to and opportunities to exert power over economic structures in their societies. In most parts of the world, women are virtually absent from or are poorly represented in economic decision-making, including the formulation of financial, monetary, commercial and other economic policies, as well as tax systems and rules governing pay (United Nations [UN], 2008). In spite of these realities, women are the backbone of economic development in many developing countries (Ndemo & Maina, 2007). In many countries, too, women are the primary earners for their families. But because they are discriminated against, in terms of wages, land ownership, and lending, they are inhibited from contributing to their respective nations' economies. According to Sarcos (as cited in Chiong-Javier, 2009), economic policies imposed by international trade relations agreements had intensified the exploitation of farm households, caused greater landlessness and impoverishment with the conversion of agricultural lands, shifted production to high value crops that necessitated intensive chemical use, opened the country to cheaper agricultural imports that competed with local products, and forced farm women to labor more and move to lowly paid off-farm jobs that compromised their welfare, among other problems.
In the workplace, evidence of gender inequity, such as: (a) women lag behind men in salary and salary progression; (b) women's rewards and work conditions (e.g. pay, autonomy, authority) are usually less favorable than men's; (c) women tend to work in dead-end jobs, resulting in lesser likelihood of promotion; and (d) women are less likely than men to exercise authority in the workplace; were cited in the literature by Sipe, Fisher, and Johnson (2009). However, it is argued that with the advent of collective bargaining in unionized establishments, women have a new weapon in their struggle to end discrimination related to these issues, because unions, under equal opportunity statutes, are forbidden to discriminate and have to adopt Affirmative Action Programs that concern wages, hiring, promotion, job security, and other terms and conditions of employment. It is also shown that the ability of workers to participate in investment decisions appears to have an important collective bargaining element (Haywood & Jirjahn, 2002:60).
In the Philippines, which is among the most populous countries in the world, ranking 12th globally, 7th in Asia, and 2nd in Southeast Asia (NCRFW, 2008, women constitute more than half of the over 80 million people, and have a very significant role to play in the socio-cultural and economic spheres of the society. The basic equality of women and men is affirmed by the 1987 Philippine Constitution (Article II, Section 14:3), which provides that: "The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men. However, despite this key Charter provision and significant implementing laws (e.g. The Family Code of the Philippines-1987; RA 6725 which prohibits discrimination against women in employment, promotion and training opportunities; RA 7192: Women in Development and Nation-Building Act; RA 7877: Anti-Sexual Harassment Act; RA 8355: Anti-Rape Law; the Anti-Violence Against Women and their Children Act of 2004; RA 8972: Solo Parents Welfare Act; RA 8187: Paternity Leave Act; and the Magna Carta of Women) in support of and for the advancement of Filipino women, they continue to face discrimination in the economic, political, social, and cultural aspects of Philippine society, as documented in various reports.
The 2010 Bureau of Labor and Employment Statistics (BLES)--Department of Labor and Employment (DOLE) statistics indicated that women constituted 25.24 million or 50.1%, while men totaled 25.06 million or 49.8%, of the country's total household population of 15 years of age and over in 2008. But the labor force participation rate (LFPR) of women was only 48.42%, compared to the 83% LFPR of men, in the same year. Over the years, the LFPR of women had been consistently lower, compared to that of men, and fell far short of the national average.
The BLES-DOLE report (2010) also revealed that, by industry sector, 57% of the Banking sector employed women, the Hotel industry had 33% female staff, the Manufacturing sector had a 45% women workforce, Transportation and Communication had 24% female employees, and the Educational institutions hired 56% females.
The Bureau of Women and Young Workers (BWYW) Regional Labor Force Statistics on Women and Young Workers report (2001) showed that, by major occupation group, employed women work as: laborers and unskilled workers (4.0 million or 35.1%); officials of government and special interest organizations, corporate executives, managers, managing proprietors and supervisors (1.8 million or 15.5%); service workers and workers in shops and private households with employed persons (1.3 million or 11.7%); and farmers, forestry workers and fisher folks (1.0 million or 9.3%).
The same report also highlighted the following: total employed women are predominantly classified as wage and salary workers (14.3 million or 49%); own-account workers (11.1 million or 38%); and unpaid family workers (3.8 million or 13%).
That based on union membership, women were less organized (36.7%) compared to men (63.3%). Surveyed women workers explained that their priority was to do their family responsibilities at home and that they lack leadership skills to be able to participate in union matters. As a result, men dominated (federation heads = 98%; local union presidents = 84%) the leadership positions in labor organizations.
As a whole, the available published data from various sources reveal that today's Filipino women workers, in spite of government legislative efforts, development programs, and presence of trade unions and many women's organizations in the country, still continue to experience inequality and that women's lives have not dramatically altered for the better.
Given the above scenario, this paper was done to contribute to the growing body of research concerned with gender inequality in developing countries, and investigates the gender-related issues facing women workers and Collective Bargaining Agreement (CBA) outcomes in the workplace in the context of Philippine experience in privately-owned companies. Specifically, this paper aims to describe the different gender-related concerns of women workers which they considered important to be addressed in CBA negotiations. It also determines the common provisions contained in CBAs that are related to gender issues in terms of: (1) Reproductive Health/Rights; (2) Gender-Friendly Health Services; (3) Work Load/Assignment; (4) Workers' Training and Development; and (5) Other gender-friendly benefits. Lastly, it identifies benchmark or model gender-responsive CBA provisions which could be used as bases by other unions in negotiating their own CBA demands to respond to women-specific needs and issues.
A Brief on Collective Bargaining in the Philippines
The conduct of collective bargaining differs significantly among countries. Its important determinants include institutional structures, union density rates, political climate, ideologies and cultural norms (Flanagan 1999). In Japan and the United States, for example, most negotiations take place at the firm or enterprise level. Centralized or industry-wide bargaining is characteristic of Scandinavian countries, throughout most of the European Union countries, of Australia, and New Zealand as well (Preston, 2003).
Collective bargaining in the Philippine context, refers to the process of negotiating a contract between a legitimate labor organization (duly registered with the DOLE), which had been duly certified or recognized as the sole exclusive bargaining agent (SEBA) or representative of all employees in a collective bargaining unit (CBU), and the employer (Edralin, 2003:120). It follows the enterprise or decentralized level of bargaining.
Collective bargaining is the centerpiece of industrial relations in the Philippines. It is fundamental to labor-management relations, just as in many other countries where unions exist. The collective bargaining process is inherently legalistic, but its legal framework does not really preclude voluntarism (Edralin, 2003:132). The legal foundation of collective bargaining in the country, particularly in the private sector, emanates from UN Instruments, ILO Conventions, the 1987 Philippine Constitution, and the 1974 Labor Code of the Philippines as amended. Moreover, the collective bargaining principles, processes and outcomes, anchored on the goals of trade unions, are based on four theoretical models of unionism. These are the economic, social, political, and dualistic theories as shown in Table 1.
The actual collective bargaining negotiations require both parties to deal with each other with open and fair minds, and to sincerely endeavor to overcome obstacles existing between union and management to the end that the industrial relations may be successful, peaceful, and beneficial to both parties (Baldoz, as cited in Edralin, 2003:120). Therefore, the observance of the basic principles of collective bargaining, such as the duty to bargain collectively, settlement of clash of interest through compromise, and non-violence, among others, is necessary.
On the other hand, gender responsive collective bargaining can be characterized as: (1) a process that involves both women and men workers representing their legitimate labor organization which had been certified as bargaining agent in the drafting, negotiation and administration of a written agreement with the employer; (2) based on certain principles and procedures that recognize the rights and distinct roles of women and men workers in the workplace; (3) demands and counter-demands wherein each party tries to obtain for itself the best or most favorable terms and conditions; and (4) must respond to the particular needs of both men and women workers to improve the quality of their work life and protect their individual rights and their union.
According to the report of Bureau of Labor and Employment Statistics (BLES), "one of the major programs of industrial peace and stable employment is the promotion of collective bargaining. Through collective bargaining, workers can negotiate with their employers on wages, hours of work and other terms and conditions of employment to come up with a Collective Bargaining Agreement (CBA). A CBA usually contains clauses on economic and non-economic benefits. Economic benefits include wage increases, allowances, bonuses, longevity pay, insurance, separation pay, monetary assistance, death aid and funeral assistance, leave benefits, retirement plan, and other fringe benefits. Non-economic provisions include union security clauses, grievance procedure, and labor-management cooperation schemes, among others. Although a CBA is effective for five years, its provisions may be renegotiated on the third year after its execution" (BLES, 2009:1).
The 361 CBAs registered at the Bureau of Labor Relations (BLR) in 2007 (BLES, 2009:2) granted a package of benefits for the welfare of 46,399 covered workers in various industries in the Philippines. Disaggregated by gender, data showed that male workers (31,183) outnumbered female workers (15,031) covered by CBAs (67.2% vs. 32.4%). In terms of content, the CBA welfare benefit provisions recorded by the BLES in 2009 indicate that these were related to wage increases, employee assistance, well-being/health promotion programs, and health care, leave, supplementary or terminal benefits, among others. Health care benefits were mostly on medical services and hospitalization plans, while employee assistance provisions included burial aid, and emergency or, calamity loans. Well-being/health promotion program provisions were usually on family planning services, workers' education and recreational activities. Supplementary benefits frequently pertained to 13th month pay, Christmas bonus, and signing bonus. Terminal benefits dealt more often on retirement and death benefits; while leave benefits referred generally to vacation and sick leaves. The miscellaneous benefits provisions commonly included sets of clothing and allowance for workers. It seems that current welfare benefits provisions coverage have expanded compared to CBAs in the past fifty years.
Philippine collective bargaining history indicate that in spite of its weaknesses in content and structure, it remains unchallenged as a means of improving terms and conditions of employment of the unionized women and men workers.
This study is based on the conceptual framework for the "determinants of bargaining outcomes" developed by Delaney and Sockell (1989: 571) as shown in Figure 1.
This model is a helpful diagram to show several variables (economic factors, organizational/institutional context, sociodemographic factors, and legal environment) that shape bargaining power (i.e. strategic position and importance of issues to parties' constituents) and its effects on bargaining outcomes. The model further assumes that the union, as a party to the bargaining process, is concerned with the wage (pay increases) and non-wage demands (job security) for its members' improved standard of living as outcomes. The management, on the other hand, is expected to resist demands interfering with their abilities to be flexible, and to respond to changes in their operating environments through the introduction of new production technologies (Fossum, 1999: 284).
[FIGURE 1 OMITTED]
Based on the succeeding conceptual framework, the following schematic diagram attempts to present the operational framework of the study to illustrate the major variables that were investigated.
[FIGURE 2 OMITTED]
The descriptive and comparative research designs were used to identify the gender-related concerns of women workers, which they consider important to be addressed in CBA negotiations. The descriptive research design was also utilized to determine the common gender-responsive provisions contained in the CBAs that are responding to needs and issues of women workers, and compared to the 2004 baseline data (Edralin, 2004).
On the gender issues/needs perceived by the trade unionists as important to be addressed in CBA negotiations, data were gathered through focused group discussions (FGD) among 50 union leaders (national federation officer, local union officer, women committee chairperson) from various local unions affiliated with the National Union of Workers in Hotel Restaurants and Allied Industries (NUWHRAIN) and partner organizations of the Labor Education and Research Network (LEARN). About eight to ten local union leaders participated in an FGD undertaken after a national federation meeting or a LEARN-sponsored conference/seminar held in the City of Manila from January to May 2010. Each FGD lasting for about one and a half hours, was facilitated by the researcher with the assistance of NUWHRAIN staff or LEARN educator-organizer designated by the NUWHRAIN Secretary-General and LEARN Executive Director. The respondents then were asked to identify and describe the gender issues/needs they considered important to be addressed in their CBA negotiations. At the end of the FGD, the participants were asked to arrive at a consensus in ranking such issues from most important to least important. The contents of the trends of the responses from each of the seven FGDs were then collated to represent the 2010 data and these were compared to the 2004 data as shown in Table 2.
To determine the common gender-responsive provisions contained in the CBAs that are responding to needs and issues of women workers, 50 operational/in effect CBAS from various industries doing business in the Philippines were content analyzed. Moreover, the greater bulk of these CBAs belong to those who participated in the FGD. The content analysis involved the examination of all the provisions of each of the 50 CBAs to know which ones are responding to women workers' needs. Then, the specific gender-related provisions based on the operational framework of the study were tallied using frequency and percentage statistics to describe the patterns as presented in Tables 3 to 6. Copies of the registered CBAs that are operational/in effect and available during the time of data gathering, were either obtained from the BLR-DOLE or directly from the local union officer NUWHRAIN or LEARN staff themselves. The industries and the number of CBAs that were covered were as follows: (1) Airline=6; (2) Banking=7; (3) Broadcast=7; (4) Educational Institutions=5; (5) Hotels=12; (6) Manufacturings 2; and (7) Wholesale and Retail Trade=1.
Results and Discussion
Gender Issues/Concerns Perceived by Trade Unionists As Important to be Addressed in the CBA Negotiations
Table 2 reveals that the women trade unionists perceived, before and even up to now, that issues related to lack of support on reproductive health/rights, such as family planning, maternity benefits, paternity leave, and family leave are important demands that should be addressed in the CBA negotiations. Women rated this top most because of the increased number of women in the Philippines who currently balance a job outside the home with the care of an infant. Maternal leave policy primarily benefits child health and development and the health of mothers (Chatterji fr Markowitzj, 2005:16), as well as employment and job continuity. It is interesting to note that one major strategy for advancing towards gender equality, in the past and even in the future, are the Philippine Labor Code provisions on maternity benefits, paternity leave, family planning, solo parent's leave, and unreasonable hours for pregnant women.
The second most important issue before and at present is sexual harassment. Women employees and female trainees experience various forms of sexual harassment from their boss or co-employees or customer. Sexual harassment is particularly manifested when power shifts away from workers and this is a problem women inherently face. Moreover, until now, many Philippine companies have not created the Committee on Decorum and formulated their own rules and regulations in compliance with the Anti- Sexual Harassment Law. Unfortunately, local unions have not exerted enough pressure to make their respective employers comply with the Law, aside from the fact that DOLE inspectors have not reported any such employer noncompliance so that they have gone unpunished and unnoticed. Consequently, most women sexual harassment victims in the firm do not report their case because they thought nothing would change, considering the harasser was the boss; they might lose their jobs; lacked faith in the complaints process; have no money to file a law suit; lacked the social capital to generate media frenzy; and the stigma that sexual harassment brings. Women workers or workers in general will have the tendency not to assert their rights and seek justice at the workplace if they perceive that they do not have the power or the union to protect them and ensure that their complaint will be properly dealt with.
In 2010, ranking third is discrimination against married women. This means that some employers prefer to hire single applicants due to potential maternity benefits costs. Sometimes due to pregnancy, married women are not hired; or if employed but not as regular workers, they are no longer allowed to return to work. Obviously, there are firms violating the Constitutional protection against employment discrimination based on gender, race, age and other grounds. Although a company is unionized but is able to persuade the union that to be sustainable, company costs may be minimized by the hiring of contractual or outsourced female employees instead of paying for maternity benefits of regular married employees. Such discriminatory practices of the employers can best be dealt by having a CBA general nondiscrimination clause which prohibits all forms of employment discrimination, even though the same is already stipulated in the Labor Code. The violation of such CBA clause will provide the union various options and venues to enforce the same.
Common Provisions Contained in CBAs that are Responsive to Women-Specific Concerns in the Workplace
The bone of contention in CBA negotiations, from a gender perspective, is for the union to integrate and secure the best possible economic and political package that will be beneficial to individual women members/workers and the union as well. This means that gender equality as an issue will be addressed, which will then empower women workers to uplift their lives economically, politically, and socially.
The data from 50 operational CBAs in nine industries based on the BLR-DOLE classification of registered CBAs indicated the following patterns:
1. Reproductive Health/Rights
Among the six specific types of reproductive health/rights benefits, most Philippine CBA provisions pertain to maternity leave, family planning, and maternity financial assistance. On maternity leave, though provided by Philippine law at 60 days for normal delivery, some CBAs have improved the period up to an additional seven days. Many countries have paid maternity leave policies, including those in New Zealand, in Canada and across Europe (Edwards, 2006:281). However, Australian women may avail of paid maternity leave only if concerned by enterprise bargaining agreements or select awards. According to Joesch (1997), a paid leave policy for childbirth has two effects: (1) it encourages some women to interrupt work for a longer time; and (2) it entices other women to return to their job after birth rather than quit, resulting in a shorter interruption of work. These have been borne out by women workers' experience in the Philippines as well.
On the other hand, among the nine specific types of other leaves that are considered to be gender-friendly, as illustrated in Table 4, leave for vacation, sickness, paternity, and emergency leave usually availed of in relation to family needs are found in more than the majority of the 50 CBAs. These have distant semblance to the intent of the Austrian Family Law "whereby the husband and the wife were made equally responsible for the maintenance of the family and it was argued that men and women should enjoy the same condition as regards to entitlement to such benefits as family, children's and household allowances, and allowances in kind, and others" (Metzker, 1980:244). These CBA provisions are beneficial to women workers at large.
2. Gender-Friendly Health Services
A closer review of the specific provisions on gender-friendly health services revealed that hospitalization, group life and accident insurance, and medical/dental consultations are the top three women-specific concerns found in at least 31 or 65% of the CBAs. This is an indicator that the union paid a lot of attention to and worked hard for these women's issues. However, only a few CBAs had gender-friendly health services, like day care center. It could be noted that on-site childcare positively affected employees' decisions to remain employed at the company and increased the extent to which they used the on-site childcare policy as a recruitment tool (Kossek Et Nichol, 1992:485), and insufficient access to affordable, accessible and reliable childcare facilities also affects women's participation in the workforce (Thomson 2008:84).
Although, the assigning of workload is a management prerogative, only 12 CBAs out of the 50 surveyed stipulated women-worker friendly provisions such as the special maternity privilege that "precnant women employees shall be relieved of heavy workload and/or strenuous jobs upon submission of medical certificate or doctor's advice." However, across industries, men and women have to work eight hours a day, six consecutive days a week. This pattern is quite different to that in Germany where women are much less likely than men to work evenings or weekends (Hamermesh, 1996); or in the United States where women are also much more likely to work full time than women in countries like Germany and Sweden (Blau and Khan, 2003).
4. Workers' Training and Development
Provisions on training and development of employees are found in 30 out of the 50 CBAs analyzed. This gender-related provision, either or both, pertain to workers' education that will provide training and development programs for the technical and professional improvement of the employees, as well as to job enrichment and spiritual upliftment. Seminars on livelihood, women empowerment, trade unionism, and managing stress are also indicated in very few (10 out of 50) CBAs. Although women are assured of attending training programs, these are predominantly on technical training to improve their skills in the performance of their jobs. Noteworthy is Management's shouldering of training costs for increasing their workers' competencies on union governance and participation in addressing workers' issues and concerns.
5. Other Gender-Related Benefits
As reflected in the CBAs, a wide array of other benefits are stipulated therein which laws do not mandate to be included, but which can improve the working conditions and standard of living of women workers. On top of the list are free uniforms, death benefit, and rice subsidy which women considered beneficial to them, especially if they are the main breadwinners or are single parents. Significant is the inclusion of provisions pertaining to Joint Actions Against Child Prostitution and Child Labor (9 out of 50 CBAs) and Joint Anti-Sexual Harassment (5 out of 50 CBAs), which directly address the issues of sexual harassment and child labor concerns of women. These spell out the union's and management's equal responsibilities in ensuring that workers whose ages are below 18 years are not exploited; and women workers are protected from sexual harassment, can seek legal redress, and complaints will prosper with justice if ever they are sexually harassed.
Benchmark or Model Gender-Friendly/Focused CBA Provisions
There are several benchmark or model gender-friendly/focused CBA provisions that could be identified from among the said 50 contracts, that since these are over and above the minimum provisions of the Philippine Labor Laws and are superior compared to the other CBAs under study in terms of the scope/coverage. It could also be noted that many of the model gender-friendly CBA provisions are from the Hotel industry. These CBA provisions could be used as bases by other unions in preparing their own CBA proposals and in formulating their negotiation strategies and tactics. These benchmark or model CBA provisions, mostly copied verbatim are as follows:
Qualitative evidence from these model CBA provisions revealed that women employees will take advantage of gender-responsive welfare benefits, particularly leaves, work reduction, and work schedule policies, if they feel that doing so will not jeopardize their job security, work assignments, or promotional possibilities. Unionized enterprises with predominantly female workforces and large firms in general, adopt gender-responsive policies earlier and more comprehensively than others. Highly competitive and multinational companies, particularly those in the Hotel industry, emphasize the importance of people search and replacement costs in an effort to reduce turnover from an efficiency perspective. This suggests that organizations with large training costs or greater reliance on skilled labor should more quickly implement gender- responsive programs, while an organization perspective emphasizes the role of well-developed internal labor markets, high-commitment work systems, and a strong social partnership with the labor union in the adoption of innovative and benchmark gender-responsive programs.
Moreover, these model CBA provisions from the Hotel, Banking, and Broadcast industries seemed to show that the presence of their Human Resource Departments, who have strategic roles in their firms, increased the number of gender-responsive policies and the implementation of such CBA provisions, are good for improving their public image.
Finally, a more radical view of model CBAs which are gender-responsive would promote workplace policies that raise wages, while avoiding both excessive work hours and frequent layoffs or downsizing.
Overall, there are many women specific concerns that the union should address in the CBA negotiations to ensure gender equality and protection. The women trade unionists perceived, before and even up to now, the issues related to lack of support on reproductive health/rights and sexual harassment, as the two most important women concerns/issues that should be responded to in the CBAs. At present, the third important concern ranked by the women workers is discrimination against married women. This includes the preference by some employers for unmarried applicants to be hired due to potential maternity benefits costs. And the fact that sometimes due to pregnancy, they are not hired, or if employed are not regular workers, they are no longer allowed to return to work. This is one concrete manifestation of violating employment equity for women in the industries covered in this study.
Among the CBAs that are said to be gender-responsive, many have provisions that do not explicitly focus on specific women concerns. Reproductive health and women's rights are not given the much-needed attention in the greater bulk of the collective contracts. It seems that only the CBAs in the Hotel Industry are gender-focused, evidenced by the inclusion in most of a separate article that pertains to women workers' benefits.
Moreover, a greater part of the perceived needs of women workers related to training and development are not responded to in the CBAs. This implies that in this era of globalization, the companies prioritize the technical and professional development of their workers, more than on the education of and increasing workers', particularly women workers' awareness regarding their rights and working conditions, and improving their self-efficacy through empowerment training, including those related to management, interpersonal and entrepreneurial skills.
Lastly, it appears that unions are not that strong, while the employers in general have not completely realized the importance that must be given to reproductive health, family welfare, and women's rights, as reflected in the lack or absence of substantial provisions that will really benefit women workers in particular. Maybe, it is imperative for both the union and management to adopt a socially responsible family agenda, where commitment to family is seen as an important contribution by the organization to their Corporate Social Responsibility Program.
Generally, collective bargaining has not proved to be the panacea for addressing the existing gender inequality in the workplace that some thought initially, although there have been successes in a few industries, notably Hotel and Banking. These certainly had been the product of hard work on the part of women union leaders, local union officers, and the national federation union officers who uphold the principle of gender equality, and on the willingness of some management to give the necessary additional budgets as part of the negotiated CBA. On the basis of the 50 CBAs negotiated to date, however, it seems that the best way to address the gender concerns of women workers in the workplace and in all fields of working life is likely still through the legislation and the courts.
Considering that women workers are equally important partners in creating change and development of the society, it is imperative that they share the benefits reaped by companies from the fruits of their labor.
In this regard, trade unions and women leaders, in collaboration with the men leaders, especially in the workplace, must implement the following courses of action: (1) Improve the CBA provisions related to family planning, maternity benefits, and occupational health and safety; (2) Include among CBA proposals, specific provisions on women workers' seminars related to reproductive health, skills development, and women's rights in order to increase women's empowerment at work; (3) Ensure the establishment of work councils and/or functional LMCs to provide venues for women workers to contribute their ideas towards improving their conditions in the workplace and in the community; (4) Develop women's capacity to use information and communication technologies, and link them and their organizations nationally and internationally around common gender and other economic-political issues or agenda; (5) Work for the promotion of the concept of social partnership towards the goal of global competitiveness tempered by genuine concern for the protection of rights and promotion of the welfare of women workers; (6) Adopt a leadership development program for women, which will include a "mentoring program" as a key part. Developing leaders through mentoring is considered an efficient instrument for individual career success, selfdevelopment and reflection, knowledge transfer, and will buffer women against various forms of discrimination (De Vries and Webb, 2006); and (7) Involve and train more women workers in union governance. Their participation in women activities and attendance in various union education programs will lead to increased awareness and acquisition of skills that will contribute to their fighting for their rights through collective bargaining.
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Divina M. Edralin *
De La Salle University
* Prof. Dr. Divina M. Edralin, Business Management Department, De La Salle University, Manila--Philippines. E-mail: email@example.com
([dagger]) Prof. Dr. Divina M. Edralin, Business Management Department, De La Salle University, Manila-Philippines. E-mail: firstname.lastname@example.org
Table 7. Summary of Model CBA Provisions from Various Industries 1. Medical and dental services (Broadcast industry) The Company shall provide vitamins for alt night shift employees with the advice of the Company physician. In areas where the Company maintains an infirmary or clinic, the Company shall make available competent medical doctors, dentists, ophthalmologists, and shall keep sufficient stock of first aid medicines in the premises. In such cases the Company shall make available 24 hours an on duty nurse, including Saturdays, Sundays and Holidays. The Company shall schedule a physician for consultations for four hours, Mondays, Tuesdays, Thursday, and Fridays; and on ophthalmologist shall be requested on quarterly basis. Employees on provincial assignment shall be provided free medical consultation at least once a month. All provincial station managers shall secure the services of medical doctors to comply with the provisions of this Section for the benefit of the employees within their jurisdiction. An annual complete physical, medical examination shall be required of all employees. Expenses shall be borne by the Company and shall include X-ray, urinalysis, stool examination, blood chemistries, HIV, HEPA-B, PAPSMEAR and ECG. Said examinations must be completed every last week of February each year. (Radio Philippines Network Employees Union) 2. Hospitalization (Banking industry) Subject to the limitations hereinafter set forth, the Company agrees to give financial assistance to employees who, upon proper certification by the Company physician, are required to undergo hospitalization. Should the hospital require a deposit, the Company agrees to advance the deposit in an amount not exceeding Php 2,000.00. The maximum financial assistance to be given to any one employee shall not exceed (a) Php 10,000.00 per confinement for minor/ ordinary confinement; and (b) Php 20,000.00 per confinement for major operations as defined by the Company physician; provided, that this assistance shall include as dependents the legitimate spouse and two (2) dependent legitimate children per married employee at 75% of the foregoing, per contract year; and both parents per single employee at 75% of the foregoing, per contract year; provided further, that the total maximum financial assistance of the Company shall not exceed P400,000.00 per contract year. In case this amount is insufficient, next year's budget can be advanced if needed. (Malayan Employees Association) 3. Medicine allowance (Banking industry) The Bank agrees to increase the present yearly medicine allowance for employees from Php 3,800.00 to Php 4,600.00 payable on the first week of January of each year, with the understanding that employees whose dates of permanent appointment fall after 01 January shall be paid the medicine allowance on a pro-rata basis. Employees who resign within two (2) months after payment of the medicine allowance shall reimburse to the Bank the portion of the medicine allowance which corresponds to the period from the effectivity of his resignation up to 31 December of the calendar year. (BPI Consumers Banking Croup Employees Union-FFW-BPI Family Savings Bank Chapter) A. Maternity Benefits (Hotel industry) Maternity Leaves/Benefits: a. Credits--Women employees, in case of delivery, legal abortion or miscarriage, shall be allowed maternity leave with full pay (basic salary plus allowance and service charge share) as follows: 1) For normal delivery--66 calendar days 2) For caesarian delivery--84 calendar days b. Advance Payment--Maternal benefits may be paid in advance, provided there is a prior written request by the employee concerned and compliance with the requirements of the Social Security System. c. Financial Assistance 1) For normal delivery Php 2,500.00 2) For caesarian delivery 3,500.00 (NUWHRAIN-APL-IUF-Manila Peninsula Supervisors' Chapter) 5. Maternity Benefit (Hotel industry) Maternity Leave a) Special Maternity Privilege--The HOTEL shall continue the practice of relieving pregnant women from heavy workload and/or strenuous jobs taking into consideration, however, the medical recommendation of the HOTEL physician. Pregnant women may be assigned in work areas which will best enhance their work skills and productivity. Addition to Post-Delivery Leave--When the pregnant employee fails to avail of the fifteen (15) days pre-delivery leave, or any part thereof, the same shall be added to b) her post-delivery leave with pay. c) Extension--Upon proper recommendation of her attending physician, and with the conformity of the HOTEL doctor, the woman employee shall be allowed extension of her maternity leave charged to her unused leaves, if any. Extended leave of absence without pay for maternity-related causes may be allowed on a case-to-case basis. This benefit is applicable only up to the fourth child. It is understood that employees on maternity leave will not be paid their basic salaries, but will be paid service charge as presently practiced. Obstetric/Gynecologic Service The HOTEL shall continue the practice of providing an Obstetrician/Gynecologist who shall be available for consultations at the Medical Clinic twice a month. Work Schedule of Women The working schedule of women employees shall not go beyond 12:00 o'clock midnight except those who are assigned at beverage outlets or those who may agree to work beyond such time because of operational requirements. (Century Park Hotel Employees Labor Union--NUWHRAIN-APL-IUF) 6. Day Care Center (Broadcast industry) The Corporation and the Union shall jointly put up a day care center within the compound of the central office and provide facilities to maintain said center. (People's Television Network, Inc.) 7. Family Planning (Hotel industry) Family Planning Seminars The HOTEL and the UNION shall continue to jointly conduct family planning seminars at least twice a year. Late Marriage Special Privilege The HOTEL shalt grant complimentary overnight stay, subject to prior reservation and availability of space, to male employees who get married not earlier than the age of thirty-one (31) years, and to female employees who get married not earlier than the age of twenty-seven (27) years, including complimentary breakfast for two (2) and complimentary dinner for two (2) at the coffee shop. (Century Park Hotel Employees Labor Union--NUWHRAIN-APL-IUF) 6. Workers' Education (Hotel industry) Participation in Seminars and the Like Attendance by authorized Union members or representatives in the following workers' education seminars shall be allowed by the Hotel upon written request of at least one (1) week in advance: Basic Membership Basic Women Awareness Basic Political Education Basic Leadership Members already scheduled to attend may be prevented by department heads from attending only once. The Union shall furnish the HRD copies of the Certificate of Attendance to the course or issue a certified list of those who attended the course. Employees participating in such seminars shall not suffer loss of pay, seniority rights, and other benefits and privileges. This workers' education leave of thirty (30) days shall be separate from the union leave and shall not be deducted therefrom. (NUWHRAIN-APL-IUF-Hotel Intercontinental Manila Chapter) 8. Livelihood Seminars (Hotel Industry) 9. The HOTEL shall include in its training program, continuous livelihood seminars for its employees and/or dependents. (NUWHRAIN-APL-IUF-Manila Peninsula Supervisors' Chapter) 10. Recreational Area and Program (Hotel Industry) The HOTEL shall provide the employees with recreational facilities and a separate reading room (common to rank-and-file) within the HOTEL premises. Likewise, the HOTEL shalt continue to sponsor excursion and/or sports activities for employees annually. (NUWHRAIN-APL-IUF-Manila Peninsula Supervisors' Chapter) The HOTEL agrees to continue sponsoring at least six (6) recreational and/or sports activities including basketball, bowling, ladies' volleyball, darts, chess, checkers, as well as excursions and bingo socials each calendar year for all employees of the HOTEL. The UNION shall help set up the schedules. The HOTEL hereby further agrees to grant an extra day-off for employees who join either departmental or UNION'S outings; provided that such arrangement do not interfere with the satisfactory performance of their regularly assigned duties. (NUWHRAIN-APL-IUF-Hotel Intercontinental Manila Chapter) 11. Services of Pediatrician (Hotel industry) The HOTEL shall continue to provide the services of a pediatrician every second and fourth Wednesday of each month wherein children of employees up to seven (7) years old would be entitled to medical check-up at the clinic of the said pediatrician. (Century Park Hotel Employees Labor Union--NUWHRAIN-APL-IUF) 12. Sick Leave (Banking Industry) Each and every regular employee shall earn a one and one-fourth (1.25) days sick leave with pay every month beginning from the date of regular appointment, or a total of fifteen (15) working days sick leave in a calendar year, exclusive of Saturdays, Sundays and holidays. Sick leave shall be enjoyed only if the employee is actually sick as certified by a duly licensed physician; provided however that if an employee absents himself for two (2) days due to illness after having duly notified the BANK of his absence/ sickness, his absence shall be automatically charged to his unused sick leave, if any, without any need for a physician's certification. Sick leave shall be cumulative up to ninety (90) days. Earned but unused sick leaves not exceeding ten (10) days as of 31 December of every year shall be commuted into its cash equivalent and paid to the employee on the last banking day of the year. Any employee who has been absent due to a sickness or disability for more than ninety (90) working days during a one (1) year period shall not be entitled to any vacation leave during the same year, unless he has accumulated accrued vacation leaves. (Bank of the Philippine Islands) 13. Joint Action Against Child Prostitution and Child Labor (Hotel Industry) The parties hereby agree to take steps toward contributing and eliminating child prostitution and child labor, including the following: a.) The COMPANY shall refuse to do business with travel agencies, tour operators or other companies identified as having connections with child prostitution. b.) The COMPANY and the UNION shall display and make available to their customers information concerning the fight against child prostitution and child labor. c.) Employees shall have the right and make it their duty to report to the UNION any customer request having to do with child prostitution. The UNION shall, in turn, inform the COMPANY about these matters and examine ways to discourage this type of requests. d.) Employees shall have the right and make it their duty to refuse to respond to any request having to do with child prostitution. In the event thereof, the COMPANY undertakes to support employees in any dispute with customers. No disciplinary measures whatsoever shall be taken against an employee having declined to act upon a request by a customer having to do with child prostitution. e.) No children may be employed in the COMPANY even on voluntary service, except upon prior agreement of the parties. As a rule, young workers shall not work at night. (NUWHRAIN-APL-IUF-Montebello Villa Hotel Chapter) Table 1. Theories of Collective Bargaining Theories Goal Of Unions CBA Provisions That Support The Theory Economic * secure higher wages and * across-the-board increases better terms and * job and wage scale conditions of work * productivity * control job situation * premiums * protect and improve the * bonuses general living standards * allowances of its members Social * eradicate work * hours of work alienation * leaves * gain respect and * employee assistance recognition * health care benefits * promotion and transfer Political * union exclusive * enhance interest representation of workers * union security * democratize power * union rights/privileges * secure unity and * security of tenure strength of members * employee discipline * labor management committee * grievance machinery Dualism * perform both economic * across-the-board increases and political thrusts * premiums simultaneously * union security * security of tenure Source: Edralin D. (2003): 121 Table 2. Gender Issues/Concerns Perceived to be Important Gender-Focused Issues Rank Rank (2004) (2010) Lack of Support on Reproductive Health Concerns. 1 1 Inadequate family planning services (seminars or orientation only), inadequate maternity (SSS reimbursement and limited number of leaves) and paternity (7 days only) benefits, absence of family leave credits, and lack of nursery- lactation rooms in the workplace. Vacation and sick leaves are also usually not tied-up to the reproductive concerns of women or to the responsibility of men to rear their children. Sexual Harassment. Existence of sexual harassment 2 2 in various forms committed by the male boss, co-employee/s, or customer despite the law prohibiting such acts. Many female trainees or casuals have also experienced sexual harassment in the workplace which is usually unreported. Need for Healthy, Safe, and Improved Work 3 6 * Environment. Lack of adequate women facilities (clean toilets, lockers rooms) and equipment (stools and tools that fit the height of Filipino women) for conducive working conditions. Assignment of women (e.g. pregnant women) to graveyard shifts, hazardous jobs (e.g. carrying of heavy load, polluted area, extreme temperature, standing for long hours), and scheduling to work on rest days. Absence or very minimal access to information about HIV and AIDS and assistance to manage stress at the workplace. Lack of Protection of Non-Regular/Outsourced and 4 7 * Child Workers. Part-time/casual/contractual and women workers aged 17 and below are paid below minimum wage, assigned to more hazardous jobs which regular employees refuse to do, given very irregular working schedules, and do not have any job security at all. Low Level of Trade Union Participation. Due to the 5 8 * multiple burden and discrimination experienced by women workers in the workplace and in society, very few women, especially the married ones, are able to actively participate in trade union activities or even occupy leadership positions in the union. Long Hours of Work. The total working time of 6 4 * women, considering their economic (regular 8 hours + overtime work of 2/3 hours/day in peak periods of the company) and domestic activities, are generally higher than that of men, indicating multiple burdens of women. Limited Development Opportunities. Limited access 7 5 * to training and development programs that will increase women's awareness on gender issues and concerns, develop their managerial and interpersonal skills, and attain higher educational qualifications to be able to grow in the organization. Most training given to women are those that pertain to technical skills to improve their work performance. Lack of Opportunity to be Involved in the 8 9 * Decision-Making Process. There are very few workplace programs or schemes other than those of the union, where the employer consciously provides a venue by which women are given substantial opportunity to be involved in decision-making, particularly on issues that pertain to gender equality. Discrimination Against Married Women. Preferences 9 3 * of some employers for unmarried applicants at the hiring stage due to potential maternity benefits costs. Sometimes due to pregnancy, married women are not hired, or if employed but not as regular workers, they are no longer allowed to return to wok. Limited Career Opportunities. There are very few 10 10 women given the opportunity to occupy higher/ managerial positions. There are more men who occupy higher positions in the firm. Occupational-Job Segregation. Women are 11 11 stereotyped to be more fit in jobs that are service-related (e.g. nursing, caregiver, teaching) and in the wholesale and retail trade, (such as sales work). They have less opportunity to be hired in occupations related to engineering, criminology, transportation, and animal husbandry wok. Low and Inadequate Wages. In general, men received 12 12 higher wages and salaries because of job segregation and lower job positions of women. Women also perceived that their current wages are not sufficient to meet their families' daily needs, especially if they are the main breadwinners. Note: * different ranking compared to 2004 Table 3. Summary of CBA Provisions Related to Reproductive Health/Rights Specific Provisions No. of CBAs (n = 50) Frequency Percentage * Maternity Leave 48 96% --Normal (60-67 days) --Caesarian (78-84 days) * Maternity Financial Assistance --Advance payment of maternity benefits 17 34% Extension of maternity leave chargeable to unused leave 13 26% --Financial Assistance/subsidy given 17 34% to woman --Normal (P1,200-P14,000) --Caesarian (P2,000-P35,000) --Abortion/miscarriage (P800-P8.000) --Home delivery (P1,000-P3,000) --Financial Assistance/subsidy given 3 6% to spouse --Normal (P600-P1000) --Caesarian (P800-P2,500) --Abortion/miscarriage (P400) --Home delivery (P1.000) 4 8% --Giving of service charge share (50%) * Family Planning (seminars, educational 34 68% materials, family birth control devices) Table 4. Summary of CBA Provisions Related to Other Gender-Friendly Benefits: Other Leaves Specific provisions No. of CBAs (n = 50) Frequency Percentage  Vacation Leave (8-30days) 46 92%  Sick Leave (8-90days) 43 86%  Paternity Leave (7-8days) 33 66%  Emergency leave (3-13days) 27 54%  Bereavement Leave (3-9days) 22 44%  Birthday Leave 12 24%  Calamity Leave (4-5days) 4 8%  Matrimonial Leave (3-7days) 3 6%  Family Day Leave (1 day) 1 2% Table 5: Summary of CBA Provisions Related to Gender-Friendly Health and Safety Services and Facilities Specific provisions No. of CBAs (n = 50) Frequency Percentage Hospitalization 34 68 Group life and accident insurance 33 66 Medical/dental clinic/free medical 31 65 consultation Table 5 continue (Obstetrician/Gynecologist and pediatrician) Eye care/optical 18 36 Annual general check-up (PAP Smear, HIV) 11 22 Sleeping quarters 9 18 Washroom and lockers 9 18 Free emergency medicines (flu, stomach ache, 8 16 diarrhea, dizziness) 8 10 Medicine allowance/subsidy (vitamins) 5 10 Hearing aid 5 10 Medical allowance 4 8 Day Care Center 1 2 Table 6. Summary of Other Gender Responsive Benefits Provision in CBAs Specific Provisions No. of CBAs (n = 50) Frequency Percentage Uniforms 38 76 Death benefit 31 62 Rice subsidy 27 54 Burial assistance 18 36 Meal Subsidy/Allowance 12 24 Calamity assistance 10 20 Educational benefits/loan 9 18 Joint Actions Against Child Prostitution and Child Labor 9 18 Burial assistance to dead family 8 member/relative of employee 16 Transportation/shuttle services 8 16 Emergency loan 7 14 Multi-purpose loan 6 12 Joint Anti-Sexual Harassment Clause 5 10 Employee discount 5 10 Laundry 3 6 Table 6 continued Sugar subsidy 3 6 Travel allowance 2 4 School opening loan assistance 2 4 Legal assistance/Legal counsel 1 2 Children's allowance 1 2 Matrimonial bonus 1 2
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