The usual complaint normally raised by employers, whenever the issue of productivity is discussed, is the supposedly too many working hours wasted in too many holidays and leaves granted by law to the Filipino workers. Of course, the labor sector would argue that these are labor standard benefits that the workers have earned, after a long and painful struggle in tripartite conventions and in legislative investigations in aid of legislation. Many of these benefits are based on international conventions where our country has participated actively in the International Labor Organization’s annual conference in Geneva.
It is noted that every year, we send a tripartite delegation to ILO, headed by no less than our Labor Secretary, and with the Employers’ Confederation of the Philippines (ECOP), representing the employers and the trade union delegation with Trade Union Congress of the Philippines (TUCP), the Federation of Free Workers (FFW) and other labor federations. These delegates usually take a unified country position when they are in the convention. And the Labor Secretary, of course, who finalizes the list of the delegates, have a strong persuasive influence on the entire delegation’s position on issues to be voted upon in Geneva. This writer has attended many of these conferences and indeed, the deliberations are based on scientific and objective data.
The number of holidays that the Labor Code provides are results of legislations, and not merely brought about by international conventions. The 12 regular holidays as provided in the Labor Code are: New Year, Maundy Thursday, Good Friday, Araw Ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Eidl Fitr, Eidl Adha, Bonifacio Day, Christmas Day and Rizal Day. Aside from these national holidays, there are three more to be observed in Muslim areas, namely: Amun Jadid (Muslim New Year), Maulid Un Nabi (Birthday of Prophet Mohammad), and Laitaful Isra’ Wal Mi’raj (Ascension of Prophet Mohammad). Aside from these, there are many local holidays like City Charter Day, birth of a local statesman with national prominence, like Don Sergio Osmeña Day.
The five-day Service Incentive Leave in the Labor Code is usually increased to 15 days vacation leave with pay and 15 days sick leave with pay, per year, patterned after the standards for government personnel. Pregnant women, whether married or not, are entitled to maternity leave of 60 days for normal delivery and 78 days for Caesarian section delivery. Husbands are entitled to 7 calendar days of paternity leave for legitimate wife’s delivery. Solo parents, whether male or female, are also granted another 7 calendar leaves every year. Women who are victims of violence are, in addition to all the above, entitled to 10 days with full pay every year. To top them all, any female employee, regardless of age and civil status, is entitled to a leave for two months with full pay for any gynecological disorder that requires, among others, hysterectomy, ovariectomy and mastectomy.
And so, just for illustration, a female worker may take a vacation for 15 days, a sick leave for another 15, and the delivers by Caesarian section and leave for 78 days. She may avail of a solo parent’s leave for 7 days and 10 days as a victim of violence. Then, if she has gynecological disorder, she could go on leave for 60 days. These all add up to 185 days or more than six months, out of a yearly 303 working days. And yet, she is entitled to 13th moth pay by law. These then would discourage employers from hiring female workers. But that is another issue. The point at hand is the allegation of too many holidays and too many leaves.
If we benchmark our labor standards with the ASEAN countries, we are indeed among the highest three in terms of number of holidays and leaves. We are also in the bottom three when it comes to productivity.And when the company is unionized, there can be more leaves, like union leaves for union officers and some union members, labor seminar leaves and other labor relations-related concessions. Thus, the employers may have some points when they’d say that labor cost in this country is quite high while productivity is low. The labor sector, of course, would contest that alleging that there is nothing wrong with workers being allowed sufficient opportunity to rest so that they would go back to work more motivated and recharged.
Our opinion on this issue would depend on the result of an ongoing study that shall examine this matter in a more scientific manner. As of now, we look at the question with an open mind, and we urge both labor and management to cooperate in this scientific research and look forward to its results objectively and dispassionately.