LEGISLATIVE STRATEGY ON S-O-T ADVOCACY
AND
LOBBYING BEST PRACTICES
TRADE UNION CONGRESS OF THE PHILIPPINES/
NAGKAISA
Precarious Work in Asia
29th August 2014
Denpaser Bali, Indonesia
I. DRAFT YOUR OWN BILL
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DON’T LET LEGISLATORS INTERPRET YOUR NEEDS.
LIMIT DISCRETION OF LABOR DEPARTMENT OR MINISTRY.
LIMIT DISCRETION OF EMPLOYERS.
NEVER PLACE YOURSELF AT THE MERCY OF A LEGISLATOR, THE
INTEREST HE COMPRISES MIGHT BE YOURS!
• KNOW WHAT IN YOUR BILL IS NEGOTIABLE AND NONNEGOTIABLE
HOUSE BILL 3559: STRENGTHENING SECURITY OF TENURE
Principal Author: MENDOZA, RAYMOND DEMOCRITO C.
HOUSE BILL 3560: CRIMINALIZING LABOR-ONLY CONTRACTING
Principal Author: MENDOZA, RAYMOND DEMOCRITO C.
 HOUSE RESOLUTION 1115: INVESTIGATION ON ASIAPRO (A WORKERS COOP ENGAGED
IN MASSIVE LABOR-ONLY CONTRACTING
II. DIVIDE AND RULE
• LIKE ASIAPRO AND ITS MANPOWER
SERVICES ARE NOT ONE AND THE SAME.
• THE ENEMY OF MY ENEMY IS MY
FRIEND!
III. DON’T PUT YOUR EGGS IN ONE BASKET
H.B. 3559
H.B. 3560
Hardline
Positions
HARDLINE POSITIONS
FALLBACKS IS
H.B. 573
Reps. Bello and
Gutierrez (AKBAYAN))
FALLBACK POSITIONS
Criminalize Labor-Only Contracting (L-O-C)
Regulate legitimate Subcontracting
Any stipulation in contract (oral or written)
for a FIXED period or term is NULL and VOID,
if the work is NECESSESARY and DESIRABLE in
the usual business of the employer.
Rights of Subcontracted enumerated:
 Incentive leaves, Overtime and Holiday
pay, 13th month, Separation pay.
 Social Security
 Core Labor Standards
 Right to written contract
Ratio of Regular workers to other
classification should be 90:10
Default:
 Where there is L-O-C
 In absence of a contract
 Failure to comply with rights
 Principal is deemed employer
Expose fake cooperatives engaged in Laboronly contracting
Only 20% can be subcontracted
IV. COMBINED POLITICS OF CONFRONTATION WITH
DIPLOMATIC MOVES
TUCP/NAGKAISA RALLY VS. ASIAPRO
MANNING COOPERATIVE
MEETING WITH THE HOUSE
REPRESENTATIVES COMMITTEE ON LABOR
IV-A. TUCP/NAGKAISA RALLY
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LET THE ENEMY UNDERESTIMATE YOU
PLAY DAVID VS. GOLIATH ANGLE WITH MEDIA
CHALLENGE THEIR LEGAL CREDENTIALS
ATTACK THEIR BUSINESS PRACTICES
ALL WE HAVE TO DO IS PLANT DOUBT AND THE
GENERAL PUBLIC WILL BELIEVE
• CONFRONTATION CREATES SYMPATHY
 POLITICIZE THE ISSUE: GOOD VERSUS BAD,
EQUALITY AND SOCIAL JUSTICE VS. ECONOMIC
EXPLOITATION
IV-B. TUCP/ NAGKAISA WITH THE CONGRESSIONAL
LABOR COMMITTEE CHAIRMAN
• LET HIM UNDERSTAND PUBLIC INTEREST BEHIND OUR
CAUSE:
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PHILIPPINES GDP GROWTH 2013: 7.2 % HIGHEST IN ASIA
UNEMPLOYMENT STATIC FOR 3 YEARS AT 7.1%
UNDEREMPLOYMENT STUCK AT 21%
NO INCLUSIVE GROWTH: JOBLESS GROWTH
ECONOMY IS GOOD ONLY FOR 40 FAMILIES
• LET HIM UNDERSTAND THE POLITICAL NUMBERS OF
THOSE MEETING AND RELYING ON HIM. CAN HELP HIS
POLITICAL AMBITIONS. WE ARE 80% OF PHILIPPINE
LABOR.
• APPEAL TO HIS IDEALS AND SELF-INTEREST
V. USE MEDIA WELL AND PUBLICIZE PUBLIC
HEARINGS
• REQUEST NATIONWIDE PUBLIC HEARINGS
• PREPARE CASE STUDIES PER CITY
• PREPARE TESTIMONIALS AT EACH CITY
PUBLIC HEARING
• HAVE A CORE DOCUMENT AND CORE BASIC
RESEARCH PAPER SO THAT YOUR ADVOCACY
IS BASED ON DATA, NOT MOTHERHOOD
STATEMENTS.
VI. CELEBRATE SMALL VICTORIES , MEET REGULARLY
AND MONITOR TO KEEP MORALE UP & INSPIRE
ACTIVISM
ASIAPRO VERSUS
TUCP/NAGKAISA
JUDICIAL
HEARING
FOR
DISTURBANCE OF
THE PEACE/
LIBEL; ALARM
AND SCANDAL
VII. USE OFFENSIVE AND DEFENSIVE STRATEGIES IN COMBINATION
(LIKE FOOTBALL, VOLLEYBALL, BASKETBALL): You are pushing or
defending specific LANGUAGE (provisions, powers, policies)
90% of Legislative work is done in Committee level
• 2 page position papers
• Delegations to visit key leaders of different blocs
on Congress, You do not have to visit 287
Representatives
• Invite legislators to our General Assemblies and
programs so he can see our base
• Because of BICAMERAL PHILIPPINE CONGRESS
 Try to win in the House, what you lose in the
Senate (vice versa)
VIII. DO NOT BE AFRAID TO SEEK AN AUDIENCE WITH
THE LABOR SECRETARY OR MINISTER AND THE
PRESIDENT OR PRIME MINISTER
• Convince him to certify our bills as urgent
measures
• Convert him or educate him
• If he will not support, demonstrate to him
that we will be a force that will not go away
IX. BUILD ALLIANCE WITH EMPLOYERS GROUPS THAT TRADE UNIONS
AND WAGES ARE NOT THE MAIN DRIVERS OF THE COSTS OF
PRODUCTION, BUT RATHER POWER COSTS, POOR INFRASTRUCTURE,
GRAFT AND CORRUPTION.
X. VICTORY PARTY
XI. AFTER THE VICTORY PARTY IS THE DIFFICULT
TASK OF MONITORING GOVERNMENT AND
EMPLOYER COMPLIANCE WITH NEW LAWS/
GUIDELINES
THE LESSON:
THE STRUGGLE
NEVER ENDS