CHAPTER 6

CREATING GOOD
WORKING CONDITIONS
Contractualization, Sexual Harassment, Child Labor,
Corporate Citizenship Towards the Environment
Good Working Conditions
 A firm cannot simply claim being a “good corporate
citizen” while at the same time failing in its utmost
duty to provide good working conditions to its
employees.
 The noble idea of corporate citizenship urges all
firms, without exception, to provide their
employees working conditions that are in
accordance with the highest level of social
responsibility.
What are the different dimensions of
working conditions?
 Structure of the workforce - sector affiliation,
employment status, size of the company
 Physical environment – exposure to dangerous
substances, heavy loads, risks
 Working time issues – weekly hours, shift-work, typical
work patterns
 Job content and job control – refers to repetitive tasks
and pace of work
 Social environment – refers to psychosocial risks
including harassment and discrimination
 Issues on working conditions are notorious in:
 Factories – generally refers to a large establishment
employing scores of people involved in mass production
of industrial or consumer goods
 Sweatshops – refers to small manufacturing
establishment where tired employees work long hours
under substandard conditions for low wages
 Business process outsourcing (BPO), now touted as “the
sunshine industry in the Philippines”, employees call
center agents who are mostly working on night shifts
and are exposed to prolonged computer use
Benefits of Nurturing a
Socially Responsible Workplace
 Increased productivity
 Reduced operating costs
 Enhanced financial performance
 Enhanced employee commitment and loyalty
 Ability to attract and retain talented employees
 Reduced absenteeism
 Protection and enhancement of reputation.
CONTRACTUALIZATION
What is Labor Contractualization?
 This means having no stable jobs, no medical insurance, no security
of tenure, who are employed on a contract-to-contract basis.
 The concrete situation of millions of sales ladies in department stores
and giant malls, some factory workers, house helpers, carpenters,
gasoline boys, workers in the barber shops and parlors, whose jobs
are “permanently temporary”, simply because they are contractuals.
 The new millennium is witnessing the sudden increase of part-time
jobs even among our professionals.
 This is happening in spite of the fact that the Filipino labor force is
globally recognized as technically proficient, highly educated,
almost overskilled and has competitive advantage in the English
language.
Why is it a choice between “underemployment”
and “unemployment”?

 Contractualization is a form of underemployment.

 The key principle is that full employment is a
fundamental right of every citizen, which means the
right to be protected from unemployment and
underemployment is basic.
 In most cases, on the part of the jobseekers, who
are almost always breadwinners, it is a choice
between joblessness and underemployment, a quick
option between hunger and at-least-there’s-hope-
for survival.
Philippine Constitution
Article 13, Section 3
 “The state shall afford full protection to labor, local
and overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all”
Should the State/Government Promote
Full Employment?
 Both able and disabled person have the natural
right to earn a living by a meaningful occupation, a
job worthy of the free and thinking person.
 It is a solemn duty on the part of the private
business sector and the government to provide
ample opportunities for adequate work and full
employment.
Is Contractualization
“Socially Responsible”?
 Without full employment, how can a worker live a life worthy of human
dignity and at the same time adequately support his family?
 Will he be able to educate his children at least up to high school and
provide them opportunities to finish college without full employment?
 As a contractual worker, will he have the chance to build and own a modest
home for his family, to save for contingencies, emergencies and old age?
 It all boils down to the “metaphysical” nobility of human dignity, that labor
is sacred because it is created in the image of God.
 In employment, it is not satisfactory to consider only the legal requirements
but also socio-ethical considerations.
 The basic right to adequate work and full employment is essentially
attached to other fundamental rights, that is:
1. Right to life;
2. Right to support of his dependence; and
3. Right to decent living.
SEXUAL HARASSMENT
What are the manifestations of sexual harassment?
What is Sexual Harassment?
 Sexual Harassment is a form of unlawful sex discrimination,
which includes unwanted verbal or physical behavior of a
sexual nature that occurs in the workplace or in an
educational setting under certain conditions.
 Sexual harassment is always unsolicited and unreciprocated
behavior. It is unwanted and imposed 2 types of sexual
attention:
1. Sexual coercion- explicitly or implicitly made as a
condition for favorable decisions affecting one’s
employment, gain or loss of tangible job benefits;
2. Sexual annoyance-although not directly related to
anyone’s employment, still creates an intimidating, hostile
or offensive environment in the workplace.
What are the Manifestations of Sexual
Harassment?
 Sexual harassment may be manifested in both the verbal or physical
conduct.
 The European Commission Code of Practice presents a list:
 Touching including pats, hugs (or akbay), cuddles, kissing (or beso), fondling,
pinches and staring;
 Standing too close, bending over or extending legs or bodies over desks;
 Leering, watching women go up open staircases, making persistent eye
contact;
 Gestures using hands, tongue, mouth, pieces of instrument, fondling of
private parts,;
 Suggestive comments about one’s body, clothes, personal lives, partners;
 Innuendoes, sexist or lewd remarks or jokes; and
 Display of sexually explicit materials, sexual or sexist telephone calls, fax
messages, email, graffiti, letters or notes.
What makes verbal sexual harassment
different from a compliment?
 A compliment produces a good feeling so much so one
wants the interaction to go on.
 Sexual harassment is so discomforting that one wants it
to stop. Such conduct causes the victim to undergo
embarrassment or humiliation and a sense of being
violated.
 Sexual harassment is NOT based on perpetuator’s
good feeling but on the victim’s bad feeling.
 For this reason, it is always proper for those in the
management and executive positions to conduct
themselves in a friendly but HIGHLY PROFESSIONAL
manner to prevent misunderstanding.
What are the socio-emotional
damages?
1. Psycho-emotional stress
 Testimonies of 19 local bank employees indicated feelings
of emotional stress added to their fear of a job loss
because of sexual coercion;
 Loss of self-esteem especially in the absence of supportive
environment, to the point that she questions ability to work,
her physical appearance or attractiveness, her competence
and her manner of dressing
 Stress-related illnesses
 Nervousness
 Forgetfulness
 Sleeplessness resulting to irritability and depression.
2. Degrading aftermath
 Results to distracting work environment which may
affect the competence and productivity of women.
 It strengthens the stereotype of women as sex
objects, as they are valued not for their substantial
contribution as employees but for their sexuality.
3. Self-doubt
 Loss of confidence to carry out the job
 She may believe that she is responsible for the
harassment, that she provoked it, wore the wrong
dress, said the wrong things or was in the wrong
place, wrong time
 It can demean and damage the victim irreparably
Is It a Management Issue?
 When ignored, sexual harassment can exact a high cost
to the company in terms of:
 Loss of productivity
 High absenteeism
 Disruptions of work from long-term sick leaves
 Retraining new personnel because of frequent turnover
 Low morale among female employees
 Tarnished public image and a setback on corporate
finance because of possible litigation costs.
 It is therefore not just the right thing to do, it is
management’s legal and social responsibility to
eliminate it.
 Management should be the first to create a working
environment where all employees, male and female,
learn to respect one another’s integrity(preventive)
and to look seriously into the matter when it
occurs(curative).
Is there an Anti-Sexual Harassment
Law in the Philippines?
 Yes, there is. The Philippine Anti-Sexual Harassment Act of 1995
 Sexual harassment could be committed by somebody having
authority or moral ascendancy over another as the Anti-Sexual
Harassment Act reads:
 “an employer, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor or any other person who, having
authority, influence or moral ascendancy over another in a work or
training or education environment, demands, requests, or otherwise
requires any sexual favor from the other…”
 Most often, those persons having authority are male superiors. But
the law should work both ways, for women too can become sexual
harassers
 This act makes sure that accountability falls on both
the HARASSER and the EMPLOYER. For when an
employer fails to act after knowing the commission
of offense, he/she will be held liable in solidarity
for damages arising from the acts of sexual
harassment.
 If found guilty, the offender is penalized by
imprisonment from 1-6 months or fine ranging from
Php10,000-20,000 or both at the discretion of the
court.
CHILD LABOR
What Constitutes “Child Labor”?
 On June 17, 1992, RA 7610 also known as “Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act” was approved
by former President Fidel V. Ramos which provides that,
among others, it is illegal to employ children under 15
years of age.
 The Kasambahay Law of 2013 also declares it illegal
to hire a babysitter(yaya) or cook, household helper pr
domestic worker who is under 15 years of age.
 In coordination with the private sector and some NGOs,
the government has always promised to protect our
child laborers.
Philippine Setting
 According to UN Commission on Human Rights,
there are about 4 million chid laborers in
Philippines aged 5-17 years old. Of this statistics:
 More than 2.5 million are classified “unpaid
workers in their own family-operated businesses
 900k work in private companies
 350k are household helpers
 270k are self-employed
Reasons Why Children Work
1. Poverty
 to supplement family’s gross income
 to pay for their own schooling
 some work because they are told that it’s better than doing
nothing at all.
2. Traditional distorted beliefs
 children must help to pay debts and support the family
 some children work whether they like it or not because their
parents wanted them to work.
3. Convenience on the part of the employer
 children do not complain much
 it also costs less because the young workers are not usually
given the required minimum wage and benefits.
What are the Evil Consequences of
Child Labor?
1. Physical deterioration
2. Mental wasting – working at a very young age, kid workers
inevitably depart from some aspects of their juvenile life which are
vital to their normal growth. It also diffuses their interest to go
back to school.
3. Low aspiration – they may acquire distaste for regular
employment because they lack proper training and may eventually
drift into huge class of future casual or contractual workers.
4. Moral decay – they may show independence and defiance of
parental control, they slip away into delinquency and street work
which can eventually supply recruits to the criminal population. It is
really brutal and cruel vicious cycle.
Are Parents Legally Liable?
 The law attaches criminal liability to any parent
who, by his actuation, deprives a child of parental
love, care, protection and education.
What is the Multiple Approach to
Solve Child Labor?
 Business should see child labor eye-to-eye. Effective
approach could be:
 Use of labels indicating to consumers that the
product was manufacture under fair and equitable
conditions and without use of child labor;
 Codes of Conduct and Supplier Guidelines usually
tailored to the specific issues faced by a particular
company.
CORPORATE CITIZENSHIP
TOWARDS ENVIRONMENT
3 Duties of Business to Environment
1. The duty to conserve the natural resources;
2. The duty to install pollution-control devices;
3. The duty to compensate those affected.
 By invoking the working principles of sustainable
development, Earth ethics, stewardship, solidarity and
social justice, it is imperative to perform these duties.
 Responsibility requires that we hand over to our
children and their children’s children a world that is
not worse condition of what we received from our
forefathers.
What is Corporate Citizenship Towards
the Environment?
 Private business is socially responsible to the environment.
 When we speak of the business’ general obligations towards the
environment, we cannot disregard 3 considerations, namely:
1. That business establishments cannot use with impunity all categories
of creatures and resources whether living or inanimate (animals,
plants and the nature elements) simply as they will.
2. Business must realize that the natural resources are limited.
3. Finally, business must comprehend the evil effects of certain types
of industrial development on the quality of life.
 We all know that the direct or indirect result of industrialization is
the pollution of the environment with serious consequences for the
health and safety of the population.
Success Stories on
Community-Based Programs