Rep. Palatino also said since most call center companies hire first-time and young employees, of which 58 percent come from the youth, they are very hesitant to complain. Later on, these hazards often result in unwanted absenteeism which, if repeated eight times over a six month-period, would cause their termination.

Apparently, these are the facts that the national government seems to ignore. Palatino said his fellow lawmakers were surprised to hear about the dire situation of BPO workers. Some even said this was the first time they heard anything negative about what the government refers to as a “sunshine industry.”

Palatino said they received “overwhelming public support” from the youth sector and even from their parents concerning the bill seeking BPO employees’ protection.

“Those call center agents below 20 or in early 20s don’t know yet how to protect themselves as they are just fresh graduates. They don’t have much work experience. But their parents have,” said Palatino.

Already in Labor Code

But not all are in praises of the Kabataan Partylist’s bill. One of them is the author of the Call Center Blogger, which claims itself to be the “no.1 call center blog in the Philippines.” She called HB 6921 a “redundancy” of provisions already in the Philippine Labor Code. What is needed, the blogger stressed, is an awareness drive among call center agents of their rights as workers and more efficient enforcement of these rights that are already sanctioned by the law. She also called for the abolition of blacklisting of certain call center applicants.

She even accused Palatino’s speech as an “anti-call center speech,” claiming the representative used inaccurate and outdated statistics and slamming it for making unfair generalizations and “malicious quips.”
In response, Kabataan Partylist Legislative Consultant Victor Villanueva said a law specific for the BPO industry is needed because companies can always reason out that they are not ordinary employees.

“In a way it is somewhat true that the bill only reiterates some provisions of the Labor Code,” admitted Villanueva. “But that is because these companies are not known to observe labor standards that had supposedly been set by the labor code.”

Palatino said almost every call center agency has aggrieved agents, but the National Labor Relations Commission (NLRC) receives only a few hundred reports because most call center agents do not know the agencies that could address their legal concerns.

“The general observation is that BPOs have special status and they could be exempted from certain Philippine labor laws. Just because it is a sunshine industry,” said Palatino.

In response to allegations of inaccuracy, Villanueva said they stand by the information they gathered because these were reports from call center agents themselves. The blogger may point out a 10-20 percent discrepancy in the figures Palatino presented in his privilege speech, but it does not change the working conditions in the industry.

Government (In)Action

In 2008, DOLE released a circular guiding BPO companies in forming occupational safety and health (OSH) programs for their employees. These include minimizing risks for employees, capacity building for a health and safety committee in the company and providing access to medical and welfare services.

DOLE also requires companies to address needs of pregnant and breastfeeding women, young and old employees. The DOLE’s Occupational Safety and Health Center (OSHC) was tasked to help in the circular’s implementation.

A positive development since Kabataan Partylist filed the bill in Congress was DOLE’s promise to strengthen enforcement of its BPO welfare policies. Rep. Narciso Bravo said the DOLE would recommend to the Department of Trade and Industry and other concerned agencies that BPO workers should also be entitled to the same holidays all workers are entitled to. DOLE should include a program for BPO workers in cases of natural calamities and continuously monitor BPO companies in other regions as the government has been encouraging the expansion of the BPO industry from north to south. The Labor department should also coordinate with the Department of Health in securing the health of BPO workers, considering the reported rise of HIV cases. In accordance with its mandate, DOLE should protect the rights of workers to form unions.

The issue of HIV-AIDS in call centers is true, said Laarni, who said she has friends in the company who are sexually promiscuous at work.
Given a chance, Laarni said, she wants a job related to the field she’s studying for– she wants to be a researcher someday. But at present, she said she needs money for herself and for her family. Hence she intends to continue working at a call center. (Bulatlat.com)

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