The Asian Human Rights Commission (AHRC) is forwarding an appeal from a labour union of hospital employees, the Bacolod Our Lady of Mercy Specialty Hospital Employees Union (BOLMSHEU), regarding the illegal termination of 31 of their officers and members.
The hospital, the Bacolod Our Lady of Mercy Specialty Hospital, illegally terminated the employment of these workers on December 29, 2010 on the pretext that the posts they were occupying were redundant or duplicated. However, the hospital has hired other employees on contract terms to perform similar duties to those they had declared redundant.
The workers were terminated after they demanded the implementation of Minimum Wage, the payment of their Social Security Service (SSS) benefits and payment of separation pay to workers who had previously been employed at the Hospital.
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Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
BACOLOD OUR LADY OF MERCY SPECIALTY HOSPITAL
IMPOSES MASS TERMINATION
Bacolod Our Lady of Mercy Specialty Hospital (BOLMSH) claimed to be a Christian Institution aiming not only to provide medical but spiritual aspect to her patients. Its famous slogan is “cure the sick and cares for every individual who works for the common good of all”.
BOLMSH total workforce is estimated at about 300 workers primarily composed of nurses, doctors, medical orderly, janitors, midwife, pharmacist, health aid and office staff. These are the workers who are in the forefront delivering the needed health care to every patient. Without these medical workers, there will be no health care system. Hence, the medical health workers are vital in times we need the support and care for those sick members of our family.
But sadly, the existing health care system doesn’t care if our medical workers are on bad plight. It’s because our health care system is controlled by greedy businessmen hungry for profits. Even we, the health care workers when sick are also deprived of our economic and political rights.
Under the leadership of Dr. Evangeline C. Johnson as Chief Operating Officer, the hospital failed to implement labor standards like remittance of our Social Security System; non implementation of RTWPB Wage Order 16, 17, and 18 three years ago; and the sudden termination of employees without due process. Employees who were terminated several years ago didn’t receive the exact separation benefits due to them. Worst, some were not paid of their separation pay but agreed to return to work as contractual. Moreover, the most terrible thing is that the SSS of terminated and resigned employees was not paid despite the continuing deduction from their salary of their contribution.
A BOLMSH worker has no space to air their predicament, our oppressed and deprived plight pressed us to organize ourselves and form a union.
On October 23, 2010, about 60 employees from different department conducted a dialogue with Dr. Johnson for the payment of the 2 year non payment of our SSS premiums despite the continuing payroll deduction of employees’ contribution. The 2 year non remittance of our SSS premiums denied us to avail many benefits like salary loan, sick leave and other benefits.
October 29, 2010, when BACOLOD OUR LADY OF MERCY SPECIALTY HOSPITAL EMPLOYEES UNION was formally registered with the Department of Labor and Employment (DOLE).
On December 7, 2010, about 80 union members arranged another dialogue with the management on the issue of SSS premium remittances, implementation of RTWP VI wage order 16, 17 and 18 but the management committed nothing; instead Dr. Johnson made an emotional talk on the worker’s sacrifices and just walk out from the conference room.
The union filed a Petition for Certification of Election before the Bureau of labor Relations of the Department of Labor and Employment in December 20, 2010.
While waiting for the decision of our petition before the Bureau of Labor Relations, in December 30, Dr. Evangeline C. Johnson ordered to serve the NOTICE OF TERMINATION dated Dec. 29, 2010 to union members and officers due on the ground of REDANDAUNCY. 14 employees from janitorial services and 17 regular employees from orderlies were terminated.
The reason of redundancy as a ground of termination is also questionable as the management continues to employ contractual employees to positions that were declared redundant.
Here are the members and officers and members who where illegally, dismissed:
Name/Union Position/Work Designation
Roberto Villaram, President, Medical Orderly
Roger Rubin, Vice President, Medical Orderly
Elmo Alvarez, Board of Director, Janitorial
Josarel Sombilla, Board of Director, Janitorial
Jefrey Pactes, Board of Director, Medical Orderly
Marion Jhun Gane, Board of Director, Janitorial
Marlon Capunong, Board of Director, Janitorial
Ramonito Agustin, Member, Janitorial
Adam Bedia, Member, Janitorial
Joselito Bianan, Member, Janitorial
Edward Puzon, Member, Janitorial
Joeny Castillo, Member ,Janitorial
Roberto Engalan, Member, Janitorial
Christopher Dupla, Member, Janitorial
Rodlofo Apunar, Member, Janitorial
Sandy Cosio, Member, Janitorial
Razel Morales, Member, Medical Orderly
Reniel Catague, Member, Medical Orderly
Teodoro Valenzuela, Member, Medical Orderly
Noriel Novea, Member, Medical orderly
Rogelio Bandiola, Jr., Member, Medical Orderly
Alex Calamba, Member, Medical Orderly
Rigor Magdasal, Member, Medical Orderly
Jefrey Pactes, Member, Medical Orderly
Christian Roger Rubin, Member, Medical Orderly
Chris Baya, Member, Medical Orderly
Ramon Hernal, Member, Medical Orderly
Ernesto Casama, Jr., Medical Orderly
Randy Villanueva, Medical Orderly
Ricky Bilgera, Member, Medical orderly
Charlie Bautista, Member, Medical Orderly
On January 3, 2011 Bacolod Our Lady of Mercy Specialty Hospital Employees Union filed cases of Illegal Dismissal and Unfair Labor Practice before National Labor Relations Commission.
We appeal to you to help us in our demands to the BOLMSH management:
1. Stop the dismissals of workers and reinstate those who have been dismissed.
2. Respect BOLMSH workers’ right to freedom of association.
3. Stop Union Busting.
4. Payment of the SSS premiums of all workers and the implementation of RTWPB VI
Wage Orders 16, 17 and 18.
Address your protest letter to:
Evangeline C. Johnson, M.D.
Chief Operating Officer
Bacolod Our Lady of Mercy Specialty Hospital
L.N. Agustin Drive, Eroreco Subdivision
Brgy. Mandalagan, Bacolod City 6100
Email address: firstname.lastname@example.org
Fax number: +63 34 432 2887
Please send copy furnish us your support statement at:
Email address: email@example.com
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (firstname.lastname@example.org)
To support this case, please click here: SEND APPEAL LETTER