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Thread: OBJECTION Your Honor! Mag-Legal Legal-an muna tayo.

  1. #651
    End is near for annoying late-night videoke sessions if…

    By: Pathricia Ann V. Roxas - Reporter / @PathRoxasINQ / 05:56 PM March 13, 2018

    The House of Representatives Committee on Public Order and Safety has begun tackling a bill seeking to limit the use of sing-along and other sound amplifying equipment between 8:00 a.m. to 10:00 p.m. in residential areas.

    The measure, proposed by Quezon 4th District Rep. Angelina Tan, aims to prevent unnecessary disturbance to residential areas, as well as to stop the negative social and health effects of such activities.

    Under House Bill No. 1035 – “An Act Prohibiting the use of Videoke/Karaoke systems and Other Sound Amplifying Equipment that Cause Unnecessary Disturbance to the Public within the Residential Areas, and Providing Penalties Therefor” – the operation of such equipment audible within 50 feet distance from the source should be considered as evidence.

    Other equipment enumerated in the bill were radios, CD players, television sets, amplified musical instruments, and loudspeakers.

    Regardless of the occasion, Tan said individuals or groups would only allowed to use or operate such equipment from 8:00 a.m. to 10:00 p.m.

    According to the measure, any person or business entity violating the rule would face a fine of P1,000 or an imprisonment of not more than six months, or both, based on the discretion of the court.

    For succeeding offenses, both penalties would apply, in addition to the revocation of the license to operate a business, Tan said.

    If the violation is committed by a corporation, partnership, association, or similar entity, the president, general manager or most senior officers would be held liable, she added.

    During the committee hearing on Tuesday, Tan stressed the need for national legislation on the issue, saying it “has not only caused quarrels and divisions among our neighborhoods but also death to some individuals.”

    Ruby Palma, volunteer from Friends of the Environment in Negros Oriental (Fenor), underscored that the “proliferation of videoke business gave rise to serious neighborhood quarrels,” and has “compromised the resting time especially of children, pregnant women and the elderly.”

    Palma suggested five points to be added to Tan’s bill:

    - designation of areas where videoke/karaoke and similar equipment would be allowed

    - requirement of structural sound-proofing

    - setting maximum sound volume level

    - setting maximum time use for private and home use of equipment

    - monitoring, reporting, and evaluation of the law’s implementation

    Negros Oriental 3rd District Rep. Arnolfo Teves Jr. also suggested the specific decibel level to be allowed under the bill.

    “Kasi pwede kung ano yung loud sayo, pwedeng hindi sa kanya dahil bingi sya,” he said.

    Antipolo City 2nd District Rep. Romeo Acop, who also chairs the committee, pointed out, however, that the existing presidential decrees already addressed noise pollution.

    But Tan acknowledged in her bill these existing anti-noise pollution laws – such as the Philippine Environmental Code (Presidential Decree No. 1152) and the National Pollution Control Decree (PD No. 984).

    But she said these laws did not “squarely address President Rodrigo Duterte’s policy pronouncement of enforcing a 10 p.m. ban on videoke/karaoke singing.”

    Under PD 1152, “appropriate standards for community noise levels” as well as “limits on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare” should be established.

    Duterte earlier pressed local government units to stamp out noisy late-night karaoke sessions.

    The President has also imposed the same ordinance when he was mayor of Davao City. / atm

  2. #652
    Dole orders Jollibee, Burger King to regularize 7,000 workers

    By: Tina G. Santos - Reporter / @santostinaINQ Philippine Daily Inquirer / 07:06 AM April 05, 2018

    In an order that rattled the country’s business community but hailed by labor groups, the Metro Manila office of the Department of Labor and Employment (Dole) on Wednesday directed fast-food giant Jollibee Foods Corp. (JFC) and one of its subsidiaries, Burger King, to regularize more than 7,000 of their workers.

    The office of Labor Regional Director Henry John Jalbuena reported to Undersecretary Joel Maglunsod that it had ordered Jollibee to regularize 6,482 workers deployed by two of its contractors, according to a Dole statement on Wednesday.

    A similar compliance order was also issued to Perf Restaurant, also known as Burger King, to regularize 704 workers deployed by three of its contractors.

    In a statement, Jollibee said it would appeal the order.

    The reports on the order sent Jollibee shares closing down almost 4 percent.

    The Dole order, however, will benefit only Jollibee and Burger King workers in Metro Manila. There was no immediate word on whether other Dole regional offices had issued the same order in their jurisdictions.

    Employers prefer contractualization to regularization of their work force to reduce labor cost, but the hiring scheme denies security of tenure to workers.

    Proponents of contractualization say the scheme is necessary because not all workers are needed the whole year, especially during slack business periods. But seasonal work or during a temporary surge in business would require additional workers.

    Jollibee said it “remains committed to complying with the law and Department Order No. 174, which allow contracting arrangements with legitimate service providers.”

    Business chambers

    “In compliance with regulations, we only deal with reputable service contractors that had been duly accredited and registered with Dole. We have been cooperating and will continue to cooperate with Dole,” it said.

    The head of the Philippine Chamber of Commerce and Industry (PCCI), the country’s largest business group, questioned the validity of the order, saying it should have been issued by the labor secretary himself.

    “The regional director can only recommend,” PCCI president Ma. Alegria Sibal-Limjoco said in a text message to the Inquirer.

    “Once such recommendation is formally made to the labor secretary, the affected company can have a platform to appeal and explain their side,” she added.

    John Forbes, senior adviser for the American Chamber of Commerce of the Philippines, said contract workers played an important role in a modern economy.

    “Companies should not be forced to make every employee a regular worker, but nor should companies fail to regularize employees who perform regular work over a long period of time and who qualify for a permanent job,” he told the Inquirer.

    The president of the European Chamber of Commerce of the Philippines said his group supported the protection of labor rights and fair employment but “there must be careful evaluation of the short, medium and long term effects” of such an order from Dole.

    “We are hopeful that both sides will come to a fair and equitable solution for all,” Guenter Taus said in a text message to the Inquirer.

    Workers’ refund

    The Dole also directed Jollibee to refund illegally collected payments to 426 workers amounting to P15,432,305 for cooperative shares, Christmas party, “paluwagan” fund and cooperative savings fund.

    Five other Jollibee contractors were ordered to return P4,137,158.15 in unlawful wage deductions, bonds, donations, shares and other illegal payments collected from 412 workers.

    Leading the list of liable contractors is Citiwide Basic Commodities and Manpower Services Inc. with a total financial obligation of P1,853,578 to 40 workers for refunds on cash bonds for motorcycle rentals and unpaid service incentive leaves and holiday pay.

    Generation One Resource Service and Multi-Purpose Cooperative was ordered to refund share capital, cooperative shares, membership fees and “damayan” fund and to compensate the unpaid holiday pay of 287 workers for a total amount of P1,180,363.15.

    Labor inspections

    The Dole directed the Integral Care Formation Service Cooperative to return P440,300 to 24 workers from whom it had collected cooperative shares and payments for uniforms.

    Toptrend Services Corp. was ordered to refund a total of P464,012 to 47 workers for motorcycle rentals. MetroGuards Security Agency Corp. was told to return donations and reimburse the unpaid holiday pay of 14 workers amounting to P199,905.

    The Dole said it would continue inspections of popular food chains in the country in line with its crackdown on illegal labor contractualization practices.

    It has set schedules to inspect McDonald’s and KFC restaurants to ensure their compliance with labor laws.

    McDonald’s Philippines does not practice contractualization and has not used the services of manpower agencies since it started operations in 1981, according to Adi Timbol-Hernandez, the company’s senior communications manager.

    Last month, Dole field offices in the cities of Makati and Pasay met with the management of Chowking, with more dialogues set this month. A separate meeting with the management of Mang Inasal has also been set by the Quezon City field office.

    Maglunsod said the department would inspect fast-food chains in other regions as part of its “relentless campaign to stop illegal work contractualization practices.”

    Trade Union Congress of the Philippines president Raymond Mendoza said both Jollibee and Burger King must immediately comply with the order to regularize their workers.

    “These workers are undertaking tasks which are directly related to the main business of these fast-food chains and working under the supervision of Jollibee and Burger King,” Mendoza said.

    ‘Very good news, if true’

    Julius Cainglet of the Federation of Free Workers (FFW) welcomed the Dole order as “very good news, if true.”

    He said the FFW was willing to help Dole to monitor compliance to the order by Jollibee and Burger King.

    In addition to Burger King, Chowking and Mang Inasal, Jollibee’s subsidiaries include Greenwich, Red Ribbon and Highlands Coffee.

    In 2016, the the fast-food giant had 978 Jollibee stores nationwide, more than half of them company-operated and the rest under franchise. It also had 35 stores in the United States, 84 in Vietnam, 26 in the Middle East, 14 in Brunei, four in Singapore, three in Hong Kong and one in Canada.

    In the same year, it had about 12,000 permanent and contractual employees. - WITH A REPORT FROM STEPHEN C. CANIVEL

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