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Employees’ Network (BIEN) - BGC chapter.

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HUDDLE

THE

Official Publication of BIEN-BGC

Let our voi e e

First union established, a breakthrough

In the BPO History )t was unprecedented how a group of con-cerned employees in West Contact Services )nc. WCS) igured that there is nowhere to go but to defend their rights. Ready for the challenges ahead, this handful of dedicated individuals were strong-willed to form a un-ion.

Alorica )nc., one of the largest BPO compa-nies internationally, publicly announced its acquisition of WCS) agent service businesses for $ million. Due to this pronouncement, a huge number of employees were distressed inding themselves inside a black hole, with no idea what will happen next. Majority of employees afected were situated on WCS) Makati and Mandaluyong oices

On January , , concerned employees drafted a Letter of )nquiry to enumerate their concerns on security of tenure and option for severance pay. Before this, series of meetings

were held and constant consultations with partner legal experts were also made. The BPO )ndustry Employees’ Network B)EN pledged its full support by helping them throughout the campaign.

Overwhelmed by the support, the employees initiated an online campaign to reach out more colleagues. The unclear buy-out process and the management’s mum approach to-wards the pressing issue attracted great num-ber of supporters. The campaign was able to reach online members and sympathiz-ers.

Perturbed by the employees’ campaign, the management was forced to hold a focused group discussion FGD to urgently address the issues. Sadly, the FGD was not able to provide any assurance on the employees’ status if the buy-out continues rather it just created more confusion to the employees.

Bolstered by their dismay, employees wore black shirts and red ribbons on February ,

to show their unity. The employees who took part in the silent protest were barred to enter the oice. Albeit challenged by the situation, the employees showed utmost deiance. On the following day, the manage-ment held a town hall meeting, however the focal concerns were not addressed, issues were not discussed, and questions were left unanswered.

We won’t be contended on empty promises! We have our demands and our ranks will push for it till the end, said Francis Ugay, the union president.

The spate of events led the employees to stage a candle lighting activity to signify their disappointment on how WCS) management handled the situation .

…continuation on page 6

The birth of the Uni-

fied Employees of

West Contact Services

Inc. (UEWSCI), now

Unified Employees of

Alorica (UEA), gave

strength to BPO em-

ployees as the first

BPO union formed in

the Philippines to fight

for their rights and

reach greater unities

when almost 80 em-

ployees gathered at

the Makati Medical

Center Auditorium

Hall last March 28,

2015.

March 24-25, 2015 Philippine Contact Center Organizing Mission New World Hotel, Makati City Members of BIEN Philippines and Unified Employees of West Contact Services (UEWCSI), now Unified Employees of Alorica (UEA) attended the two-day meeting with UNI Global Union. UNI Global Union, which is global union federation for skilled and service workers, gathering national and regional trade unions consisting of more than 900 affiliated unions in 140 countries that are collectively made up of 20 million mem-bers. It maintains its head office in Nyon, near Geneva, Swit-zerland.

HUDDLE BOARD | News Updates

May 1, 2015 International Worker’s Day Celebration Liwasang Bonifacio, Manila Members of the BPO Industry Employees’ Network took part in the local Labor Day mobilization in Manila. BIEN joined other workers groups and unions in other line industries to call for better wages and benefits, decent working condition and social justice.

May 5, 2015 31st International Solidarity Affair Philippine-Australia Union Link (PAUL) BIEN Philippines members with Eric Thompson of PAUL. Different union leaders from Australia, Japan, china, USA, and the Philippines presented the worker's condition in their respec-tive countries. BIEN remain committed in reaching out to organize the BPO workers, especially Australian accounts here in the Philippines.

What’s Inside:

Editorial page 2

Unrealistic Metrics page 3

Know Your Rights page 4-5

On The Queue page 6

Fun Page page 7

Huddle Board page 8

Issue No. 1 | January—May 2015

Pilot

Issue!

2 7 The Huddle The Huddle

Kolsenter

FUN PAGE | Comics

B)EN is a venue for consultations on work-related problems and concerns. We have a network of legal and paralegal advisers that can give us advice on work-related matters. We also provide sup-port groups for interested members.

B)EN has partnered with the Pro-labor Legal Assistance Center PLACE , a group of pro bono lawyers, to ofer free legal aid.

Our paralegals can be invited in a case conference or administration hearings upon the request of the employee. Equipped with the knowledge in good labor practices, our paralegals ofer better un-derstanding, great care and privacy on each case.

For queries and request for appointments to our paralegal team, please send an email to teambgc.bien@gmail.com

|EDITORIAL

Reasons to Organize The Department of Labor and Employment DOLE a government agency that is sup-

posed to protect the worker’s rights and wel-fare and the )nformation Technology-

Business Processing Association of the Philip-pines )BPAP , a group that was created by BPO investors and the government, both repeatedly telling that the BPO industry does not need any labor union. )BPAP purportedly reasoned that they are addressing the needs of the employees. )n addition, they lobbied to create the Voluntary Code of Good Practices VCGP , a tripartite and self-regulatory agree-

ment in the BPO industry in the objective of resolving labor relation disputes in the BPO industry on a comprehensive scale.

The VCGP was signed without any proper representation from the BPO employees. )n contrary, the VCGP brazenly diluted the labor standards and serves as a toothless paper which has no remedies to any labor disputes. Although the VCGP lobbies the Labor-

Management Cooperation LMC and pre-scribed the Single Entry Approach SENA as mechanism for resolving labor related cases, the agreement has no authority and power to punish any violators of the Labor Code. Thus, VCGP is just a lip-service of DOLE and )BPAP, and in reality, it hampers positive develop-ment in labor-related cases iled by employ-ees.

These circumstances ripened the condition and call to unionize the BPO industry. BPO employees must heap their courage and cre-ate a sense of urgency to organize every BPO centers. Ultimately, our goal is to establish an industry-wide labor federation of BPO work-ers.

Through labor unions, we can collectively bargain for our rights to job security, better wages and beneits, and pro-employee work-ing environment.

Although, BPO companies are initiating focus group discussions FGD or town hall meet-ings, these know-all and tell-all activities fell short to resolve the issues of employees. )n fact, it serves as information dissemination activity of the company for new policies or rules, and not as a venue to discuss and allevi-ate worker’s condition.

)ndividual complaints and unorganized mass actions became regular options for employ-ees. )t becomes futile if no collective voice is heard and organized actions are not yet mus-tered. The Union can help lead and carry these responsibilities.

Waging an Uphill Battle

The BPO employees are currently waging an uphill battle.

The ight for the right to job security aims to protect the employees’ security of tenure. B)EN reported scores of cases ranging from closure of accounts or LOBs, acquiring talents for project-based accounts or contractual agents, and illegal dismissals. BPO employees are unfairly dismissed from work without any just reasons or timely notices.

Additionally, the imposition of strict and subjective metrics is being used to unjustly terminate employees. The introduction of performance improvement or enhancement

plans are deem violations to right to security of tenure. This reality is masked by perfor-mance-based bonuses being ofered by com-pam

panies to lure employees. Other metrics that govern employees are Average (andling Time A(T , Adherence, Quality Score, Com-pliance, and many others. These are set in high standards and based on business needs.

The metric system is the culprit of high em-ployment turnover and depleting attrition rate in the industry. Performance and produc-tion metrics are designed to motivate em-ployees, and should not be a tool for con-structive dismissal and termination.

Another issue is the trend of merging and acquisition of BPO companies. This method happens because of accumulation of wealth and investment capital. For instance, CVG and Stream; )BM and Concentrix, SP) Global and ePLDT Ventus, and recently West Contact Services and Alorica; all of which underwent to the process of M&A. This process resulted to diminution of wages and beneits. Also, it may result to termination of contracts.

The harsh efects of M&A to the employees can be mitigated if labor unions are estab-lished. The Union, through collective action and legal proceedings, can demand option to severance pay and seniority rights. )t can also demand a inancial audit to a company, when-ever it is under heavy inancial losses or de-clares bankruptcy. Frankly, these reasons are used as alibis by companies to pardon them-selves from their inancial obligations to afected employees.

BPO employees, Part of Bigger Community The BPO community is part of a bigger socie-ty, the BPO employees are part of a bigger sector, the Filipino working class. The BPO employees, the whole Filipino workers, and the workers of the world, have long been exploited through wage-slavery. Notwith-standing the worker’s plight and issues, the government, under the BS Aquino regime, remains deaf and blind. )t even snubbed the worker’s call for a National Minimum Wage of P(P , and continuously sending work-ers abroad, such as the likes of Mary Jane Veloso, under its labor export policy.

The right of the workers to demand from the government is well founded. The government has a duty and obligation to create a condu-cive environment for its working class. As mandated by law, DOLE and its associated agencies must promote gainful employment opportunities, develop human resources, protect workers and promote their welfare.

… continuation on page 6

BPO Workers Unionize Now!

SHOUT OUT | Announcement BIEN Help Desk | Paralegal Services Desk

The workers in the BPO industry should form a Union to address the rampant attack to job security. Only through a genuine Worker’s Union that serves the interest of the employees, we can staunch the unjust labor practices instigated by BPO companies. )ssues such as closure of accounts or line of business LOB , imposition of strict and hard-to-reach metrics, merging and acquisition M&A , diminution of wages and beneits, and others, can be col-lectively confronted by a Union. Also, the Union will pave the way for BPO employees to broadly link their plight to the Filipino workers which are docile and exploited by corporate greed and oppressed by big foreign and local capitalists.

FEATURE | Issue Analysis

Do you often wonder why we are gov-erned by a very demanding monthly metrics? Why these metrics constantly change? Why are we subjected into termination due to non-performance or not hitting the monthly scorecard despite of being a regular employee?

These are some of the concerns most contact center professionals are dealing with through their careers. Every time a rapid change in policies and business processes happens, some of these questions arise.

The Bell Curve

This oppressive business model of strict indi-vidual rating can be rooted to the Bell Curve method. Some companies used this system to gauge the working performance and rank their employees. Commonly known in statis-tics as normal distribution , it shows the average of the equal distribution of work in a business process. This model explains who are above and below average thus the manage-ment can identify who and how many are high performers or low performers.

(owever, research shows that this statistical model, while easy to understand, does not accurately relect the way people perform. As a result, (R departments and business leaders inadvertently create agonizing problems with employee performance and happiness. ¹

Good or bad practice

)n the local BPO scene, a code was formulated which aims to regularly observe and create mechanisms through self-regulation, best practices and benchmarking. The Voluntary Code of Good Practices for the BPO )ndustry was signed on December , in Cebu. This code was a collaboration developed by the members of the Board of Trustees of the Tripartite Council in Business Process Out-sourcing in )nformation Communications Technology TC-BPO/)CT and signed with the Department of Labor and Employment DOLE .

Arguably, the BPO )ndustry Employees’ Nework B)EN , the forefront of BPO worker’s rights and wel-fare, sharply questioned this code and the imposition of self-regulation by the BPO com-panies.

Mike Concepcion, Coordinator of B)EN-BGC, explained, The imposition of self-regulation in the industry is not a good prac-tice and should not be perceived as a normal benchmark govern-ing the industry and employees’ performance.

performance. Clearly, in our industry, no labor standard was set up. Business processes and policies change because of this self-regulating mechanism and not because of a mere business need.

That is the reason why B)EN is campaigning for the Minimum BPO Labor Standards. )t serves as a guidebook that set outs a frame-work in upholding the basic rights and welfare of the BPO employees. )ts principles must be ardently guided to support a working environ-ment that encourages the promotion of BPO workers’ rights in adherence to international labor standards and Philippine laws, contribute in empowering BPO employees, and set an industry-wide standard for the welfare of BPO workers, Concepcion added.

Right to security of tenure

One of the most violated inherent rights of BPO employees is the right to security of tenure. The imposition of self-regulation created various strains of exploitation that manifested through business practices. One of those is the introduction of enhancement or improvement plans .

Employees who are below average or catego-rized as low performers are enrolled to such programs. They undergo extensive and inten-sive coaching and monitoring to ensure that their work meet the required key perfor-mance indicators KP) .

.

..continuation on page 6

http://www.forbes.com/sites/joshbersin/ / / /the-

myth-of-the-bell-curve-look-for-the-hyper-performers/

Unrealistic Metrics:

What’s Behind It?

3 The Huddle

“The imposition of self-regulation in the industry is

not a good practice and

should not be perceived as a

normal benchmark govern-

ing the industry and employ-

ees’ performance.”

Mike Concepcion,

Coordinator of BIEN-BGC

ON THE QUEUE | What’s Next

...continuation from page

First union established

Approximately employees joined the symbolic protest in front the Export Bank Plaza in Makati City. According to B)EN, such action marked a great milestone in the BPO worker’s movement. Do not underestimate what a collective strength can do to you . The BPO employees have been shackled for the longest time without union representation, Ugay added.

We are considered neophytes in this battle highlighted by a uniied mass movement that snowballed into what it is right now. )t is heart-warming to have the support of the West Contact Services )nc. community who re-

mained deiant and vigilant as it carefully worked its way in uniting amongst ourselves, Ugay commented. (e also thanked the oice of Sen. Mirian Santiago, Kabataan Partylist Rep. Terry Ridon, Pro-Labor Legal Assistance Center PLACE , and the BPO )ndustry Em-ployees’ Network B)EN , for their full-backing on the quest to become the irst union in the industry.

On April , , Alorica )nc. fully acquired and now in control of West Contact Services’ agent service business. The employees are now represented by the Uniied Employees of Alorica UEA .###

...continuation from page

Unrealistic Metrics

According to B)EN, this mechanism is a bla-tant attack on the right to security of tenure enshrined not only by applicable local labor laws but also the international labor stand-ards. B)EN reiterated that terminating an employee under this circumstance is one-

sided, subjective and unfair.

)t actually creates a defensive atmosphere and does not encourage employees to im-prove. )t just created an environment of stif competition and culture of fear. )f possible, evaluation of performance must be geared to continuous improvement and this program must not rule out termination.

Uphold the basic rights and call to unionize

The current situation of BPO employees is unbearable and unfair: employees are rated by KP)s, evaluated and tagged as non-

performers if unable to hit the monthly met-rics, low-performers are enrolled to improve-ment plans, and then terminated if they did not pass the program.

Employees should understand that this sys-tem is not normal. )t should not perceive as a natural course in the BPO workplace environ-ment. This system can be change if we know our rights. This system can be change if we are able to unite and collectively address these concerns by learning and understanding our collective bargaining capability. )t can only be done of course by forming a union, Concep-cion concluded.###

6 The Huddle

Know Your Rights Campaign

BIEN will launch a campaign that aims to raise the awareness of BPO employees on their basic rights guaranteed by interna-tional labor standards and enshrined by Philippine laws. The campaign shall initiate events and activities promoting BPO employees’ rights and welfare. The components of the campaign are the following: Speak Out FGD Series, Aftershift Jam, Customer Service Week, KYR Conference. Check us out for further updates,

Watch out for the next big thing!

...continuation from page

BPO Workers Unionize

Now (Editorial)

Apparently, these obligations are not met by the government, and instead serve as the facilitator and promoter of minimum wage distortion, advocate of wage slavery, and ignore the call to uplift the workers’ condition that are living in a society where the daily cost is pegged as P(P , .

Prospect and Task of the Genuine BPO Employees’ Labor Union

The BPO industry which is a vibrant contribu-tor of the economy, estimated at percent of ’s GDP, should also mean the advance-ment of BPO employees’ rights and welfare. To concretize this aspiration is lead the way to the road of unionizing the BPO industry.

For the genuine union to advance, there are compelling tasks for BPO employees to ac-complish. Employees must conduct in-depth social investigation on the plight and issues of the BPO workforce and industry. Employees must educate themselves on the pressing issues faced by the industry. Employees must forge great unities and solidarity among themselves. These tasks shall serve as the seeds that must sow in order to build a Union. From then, through employees’ resoluteness and progressive mindset, we can determine the triumph of unionizing the Philippine BPO industry.

4 The Huddle 5 The Huddle

01

Right to Freedom of

Association, Assembly

and Non-Discrimination

Every employee shall not be discriminated upon, nor his ben-

efits refused or reduced by virtue of filing a legal complaint against

his/her company, or by virtue of being or entering marriage (Article

118 and 136 of the Labor code and Article 16 of the Universal Decla-

ration of Human Rights)

Employees may also not be denied their right to form organi-

zations, unions and associations, trade unions, to bargain and to strike

if need be, for purposed not contrary to law (Sec. 8 Article III Philippine

constitution and Article 22 of the Universal Declaration of Human

rights).

Employees have the right to freedom of speech and expres-

sion and to join assemblies and petition the government for redress of

their grievances, this right includes the freedom to hold opinions with-

out interference and to seek, receive and impart information and

ideas through any media and regardless of frontiers (Sec. 4 Article III

Philippine constitution and Article 19 of the Universal Declaration of

Human Rights). They have the right to manifest their religion in teach-

ing and in practice, worship or observance (Article 18 of the UDHR).

02

Right to Freedom of

Association, Assembly

and Non-Discrimination

Right Against

Illegal Dismissal

Employees may not be dismissed without cause and without

compliance with due process, (Article 282-284 Labor code) nor may

he/she be completed to work against his/her desire (Article 4 Universal

Declaration of Human Rights).

Every employee, without discrimination, has the right to

equal pay for equal work. He or she has the right to just and favorable

remuneration ensuring for himself and his family an existence worthy

of human dignity and supplemented if necessary by other means of

social protection (Article 23 of the UDHR).

03 Right to Benefits

An employee is entitled to social security benefits through

SSS or GSIS (RA 8282), medical insurance benefits through PHILHEALTH

(RA 7835), and housing benefits though Home Development Mutual

Fund (PAGIBIG Fund). All of which shall be fulfilled by means of the

employees' contribution and the employers as designated by law.

Every employee is entitled with 13th month pay equivalent to

one month's salary (PD 851), at least five days of convertible and paid

leaves, whether it be sick leave or vacation leave after his first year of

work, and overtime pay of an equivalent of his hour's worth of salary

plus 25% of such amount (Article 87 and 95 of the Labor Code).

Women are entitled to maternity benefits such as a 6 week

leave with pay; leave extensions, maternity financial assistance from

SSS (Article 133 the Labor Code), to a two-month paid leave subse-

quent to operations relating to gynecological disorders (Magna Carta

of Women RA9710), and to women's facilities in the workplace such as

proper seats for women, dressing rooms, separate comfort rooms and

a nursery (Article 132 of the Labor Code).

Every person and employee has the right to work, to free

choice of employment, to just and favorable conditions of work and

to protection against subsequent or existing unemployment (Article 23

of UDHR).

04 Right Against Deduction

of Wages and

Diminution of Benefits

All employees receiving or enjoying any benefit or supple-

ment for a continued length of time, cannot be deprived of such ben-

efit through discontinuation of diminution, the same shall be for their

wages except for reasons authorized by law (Article 4, 100 and 113 of

the Labor Code).

05 Right to Schedule Rest

Day, Holiday Pay and

Night Shift Differential

Every employee is entitled to a whole day rest period after

every six consecutive normal work days. The employer shall respect

the employee's preferred rest day when preference is based on reli-

gious grounds (Article 91 of the Labor Code and Article 18 of the

UDHR).

Work required on rest days, holidays and from the time peri-

od of 10 o'clock in the evening to 6 o'clock in the morning is entitled

to compensation of 30% and 10% of their regular salary respectively

(Article 86 and 87 of the Labor code).

06 Rights to

Retirement Pay

Employee reaching the age of 60 or more but not beyond

65 years of age who served at least 5 years in a said establishment,

shall be entitled to a retirement pay in the absence of a retirement

plan or agreement provisioning retirement benefits for the employees

in the establishment (RA 7641).

KNOW

YOUR

RIGHTS

Every employee shall have "the right to assert for the protection of their rights and the promotion of their welfare."

- Philippine Constitution Sec. Article II

These rights are granted to us by virtue of being employees, regardless of association with a union or not.