APPLICATION TO THE VARIOUS STAKEHOLDERS

Social Responsibility towards the Employees

166. What is working condition? Working condition refers to the safety and healthfulness of the workplace, particularly the physical work environment and procedures followed in performing the work. The term factory generally refers to a large establishment employing scores of people involved in mass production of industrial or consumer goods. Sweatshop, on the other hand, is usually a small manufacturing establishment, for instance, a garment factory, where tired employees work long hours under substandard conditions and for law wages. 167. What are the different dimensions of working conditions? Working conditions comprise the multiple aspects of the workplace, such as the structure of the workforce, physical environment, working time issues, organizational environment, social environment and psychological risks, and work-related outcomes. 168. What is the so-called systems approach in the workplace? An important component of working conditions is an area of safety engineering and public health that deals with the protection of workers health through control of work environment to reduce or eliminate hazards. The systems approach examines the following areas: all work locations to eliminate or control hazards, operating methods and practices, and the training of employees and supervisors regarding safe working conditions. Accordingly, it seems that one good effect brought about by globalization is that it started to force employers worldwide to pay serious attention to industrial safety and health, and many companies appear to comply with the international standards. 169. What is a nonphysical environment? Besides the physical environment, there is harassment, a form of discrimination that creates a poor social environment and work- related outcomes. It usually stems from reasons such as professional jealously or simply dominance over another that purposely intimidates or threatens another party to achieve an ulterior motive. 170. What are the ethical principles that are considered relevant in the workplace? That the employer provides good working conditions constitutes one of the basic employee rights, and therefore a social responsibility that upholds the dignity of the employee as a human person. To address this, experts recommended that human resources (HR) department put up some programs to improve the psychological environment of the workplace, the aim of which is to accomplish preferred employee behavior and an excellent working relationship. 171. Should social responsibility begin "at home"? CSR is a policy, an attitude, and management philosophy on terms of how many employees are treated, and this encompasses a multitude of business practices, such as fair wages, nondiscriminatory hiring or equal employment opportunities, the avoidance of child labor, relations with the unions or organized labor, the respect for worker's rights. Should corporate citizenship begin "at home"? It is unwise for companies to donate millions of dollars for a cause, or put up a foundation for outreach programs, when in fact its own workers are required long working hours and not even compensated the minimum wage or are underemployed.

172. Is there a universal standard in the ethical management of the working conditions? Working conditions vary depending on the kind of company, the nature of the job, and the position one holds. For instance, some human rights groups have accused certain quarters, specifically multinational firms engaged on the production of athletic outfits, of failing to pay their workers a "living wage" and of forcing employees to work overtime. Working conditions would be different from one workstation to another, where obviously some have better facilities than others. Graveyard shifts are common in call centers, but they are mitigated by more secure, convenient, and comfortable workstations. 173. Did the United Nations set a universal standard for ethics in the workplace? In 1999, UN Secretary-General Kofi Annan proposed the establishment of Global Compact that promotes a set of core values for businesses in the areas of labor standards and employee rights. United Nations Development Program's Global Compact reaches to all UNs member nations as part of its effort to lead the business community in advocating best practices in corporate citizenship in the workplace. 174. How can CSR in the workplace go beyond legal or regulatory compliance? CSR gurus are saying that any measurement standard for "good" working conditions must go beyond compliance with the minimum requirement of the law. Furthermore, efforts should be made to ensure that ethical working conditions also go beyond relativism because the "absolutes" in working conditions, the basic requirements of social responsibility in the workplace, should apply to all people of any nationality-due to the fact that there is only one universal principle for human dignity. 175. Are good working conditions a factor to business success? Companies are seen to have an increasing interest in being known as a company where the current and prospective relationship between socially responsible workplace programs and business success. 176. What do you mean by equal job opportunity, job discrimination, and affirmative action? Equal job opportunity is a labor policy that prohibits business from discriminating against otherwise-qualified people with disabilities Job discrimination refers to the unjust act of differentiating one group of people not on the basis of personal merit but on the basis of partiality or bias. Affirmative action involves policies to increase opportunities for ethnic minorities by favoring them in hiring and promotion, college admissions, and the awarding of government contracts. 177. What is a better approach to the issue of job discrimination? It ought to be on paper. A company's internal policies and practices should assure its own employees that they will be free from discrimination on the basis of "race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status"(United Nations,1948). 178. Is there discrimination here? A Quebec-based software company largely owned by a Canadian magnate was scouting for a senior officer to head a department whose former head just retired. A Filipino assistant manager who could not speak French knew the ropes around that department well enough, was competent, hardworking and very much deserving of the position. Many of his colleagues were anticipating the position would be awarded to him. But, to everyone's surprise, the position was instead given to another employee who was perceived by the majority as less qualified. The anointed one was a French-speaking Canadian and that is why most probably management promoted him to that job.

It is understandable-and even encouraged in that company-that a French-speaking senior officer be positioned in a strategic place where the majority of the clientele is French-speaking. But, the decision of management to promote the Canadian assistant manager who was considered by many as less qualified for that job may be preposterous. In this particular case, it is debatable whether the Filipino was discriminated against on the basis of criterion. Before jumping into any kind of conclusion, it is wiser to suppose that people in any organization constantly compete against each other for jobs and promotions. We may even hear people say that it depends, to a large extent, on good fortune or bad luck, suwerte o malas in Filipino. 179. What are the factors to consider? Sison and Palma Angeles(1997) think that it really depends on several factors, such as the following: Who his competitors are? What abilities his competitors have? How interviewers see him? How he performed during the exams and interviews?

180. Is it easy to detect discrimination in the workplace? The truth is that it is not easy to detect whether or not there is discrimination in the workplace. Spotting employment discrimination is a big headache because it is generally hard to know whether specific individuals were actually discriminated against. 181. What are the elements of job discrimination? When a judgment, decision, or treatment is intended against of the workers and his/her particular group When a judgment, decision, or treatment springs from prejudice or bias, from false stereotypes, or from other ways of unfair attitude aimed at a particular group to which the worker belongs When a judgment, decision, or treatment is disadvantageous, pejorative(to make something worse) or simply harmful to the worker, perhaps costing his/her job, promotion, or pay raise

182. How do you know whether those elements apply to our earlier example? Was the decision of management to bypass the FILIPINO assistant manager in favor of the FRENCH assistant manager based on personal merits such as seniority, performance rating or other qualifications? Or the criterion to promote the FRENCH assistant manager has nothing to do with the merits, qualifications, and credentials? Did the decision spring from false stereotypes such as the French are more competent, aggressive, or trustworthy than Filipinos, Asians in general, and other ethic groups? The presence of this element may be hard to prove. Was the decision disadvantageous to the Filipino assistant manager in terms of a promotion or a better pay?

183. Is there discrimination against women in the workplace? In the Philippine setting, it looks like there is still some kind of job discrimination against women employees. Women are routinely looked upon as the weaker sex, less competent, and less committed than men. It appears there are still tribes of managers who tend to undervalue the jobs women do.

184. What are the stereotypes against women? Job recruitment and interviews are discriminatory if the recruiter or interviewer routinely disqualifies women by relying on sexual stereotypes.

There are fields of occupation, which are traditionally suitable for women because of their sensitive, vulnerable, and fragile nature There are types of work, which may not be fitting to women due to their biological condition like monthly period The inability of women to cope up with certain job requirements since their common gender personality and aptitude traits make them unsuitable for those jobs

Such generalizations about women are not only biased or prejudicial but also untrue. Because of wrong perception, women are not assigned to the tasks traditionally directed to men and the result is that some women are never given the necessary break to prove themselves. 185. What is the lesson learned from the 1997 film G.I. Jane? The movie demonstrates the active presence of a determined woman in the toughest military facilities 186. How is discrimination related to right to work and right to life? It is unethical and socially irresponsible for any employer to dismiss or discharge an employee merely on account of his/her marital status. Hiring, firing, promotion, or demotion must be subjected to an objective, unbiased, and fair criteria. Workers ought to be treated equally on the basis of individual merit not on the ground of sexual orientation or marital status. Everyones basic right to work should be upheld since this is essentially related to the right to life and the support of his/her dependents. 187. What are the ethical principles involved in job discrimination? Discrimination in hiring is a disservice in the long run. To hire the best and the smartest, it is wiser to select somebody whose talents and personality traits qualify him/her as the most competent for the job. If you hire and appoint someone on the basis of other criteria unrelated to competency, then subsequent job performance necessarily declines and productivity goes down. It is actually double jeopardy. The company could have possibly hired the worker discriminated against, the one who might turn out to be the best and most suited for the job. It is wrong to discriminate a group or individual by reason of ethics. To discriminate is not the right thing to do. Each person has a fundamental right to be treated as a free thinking individual and all other individuals have a correlative moral duty to treat him/her as such. It consciously or unconsciously affirms that one group is inferior or subordinate to another group. Such degrading stereotypes undermine the self-esteem of those groups against whom the stereotypes are directed and thereby violate their fundamental right to be treated as equals.

188. What is the best practice of Shell in terms of diversity standard? Creating an inclusive environment that elicits the very best from its employees is fundamental. It values the broad range of cultural and personal differences that exists in the company. Shell Company must assure that it: Has a systematic approach to diversity management addressing each of the elements of the Group Diversity Framework; Actively supports attraction, development, retention, and promotion of diverse talents; Promotes a workplace free from harassment and discrimination; Establishes annual diversity plans, goals and targets for improvement, measures, appraises, and reports business performance; Includes diversity performance in the appraisal and development plans of leaders and employees;

Provides safe and effective ways for employees to report observed behavioral inconsistencies with this stand

CHAPTER 16: Against Contractualization

189. What is labor contractualization? Labor contractualization speaks of workers whose jobs are only permanently temporary simply because they are only contractual. They are those who have no stable jobs, no SSS, no medical insurance, no security of tenure. This is because of the steady growth of unemployment and underemployment. Century of Knowledge Society (Peter F. Drucker) is witnessing the sudden increase of part-time jobs even among the professionals. 190. Is contractual labor part and parcel of the big economic landscape? Yes, contractual labor is and has been part and parcel of the big economic picture but the fact that it has been with us for a long time does not make it correct. A worker who works only for a limited time or have to renew his contract deprives his right to have a stable job. The contractualizaton of labor is a business strategy validated to be cost effective. 191. Should the government/ state promote full employment? Yes, the government/state should promote full employment because each and every one should not be deprived of full employment because it is the basic human right to earn through a legitimate means of livelihood. Every person should not have the burden of finding jobs or entering into jobs which would support his living for only a few months and the next counting months and years are not a surety. Jobs are not enough- it should be adequate and full. 192. Why is it a choice between underemployment and unemployment? The choice between unemployment and underemployment is like an option between hunger and at-leasttheres-hope-for-survival. People who are jobless tend to enter into contractual jobs beca use whats more important to them is to earn something even for a little amount just to feed mouths and to provide for their basic needs especially to persons who are breadwinners of the family. It is more important to earn something than to earn nothing for the most. 193. Is contractualization a scheme for profit maximization? Yes, contractualizaton translates to maximization of profits for most companies, but for the laborers, this system denies them the security and benefits of a regular job while being paid very low wages. Most companies use contractualization in order to attract investors and to provide them for the cheapest labor possible in order for the investors to accept the engagement offered. 194. How does contractualization affect women workers in manufacturing? In most industries, particularly in the manufacturing sector, companies employ women as temporary or contractual workers so that they can be easily dismissed or replaced when they get old and slow. They take women who desperately want work for granted because manufacturing work requires patience which women do have than in men, in effect, they see this as an opportunity to hire women and offer them with the lowest wage possible. 195. Does labor flexibility, contractualization included, lead to declining job security? Yes, contractualization and other schemes of flexible hiring have led to the increase of non-unionizable workers. Some companies prefer to reserve non- unionizable or a group of temporary workers because these workers could be called any time of the day and doesnt have any held contract, in effect, the company does not hold

too much obligation from these workers, and also the company could lower their cost by providing them with low wages, which in return, have resulted in the stagnation in the number of unionized workers. 196. How does contractualization affect women workers in agriculture? Regular women workers are assigned to the packing operations because it became the managements policy to keep regular women workers from prolonged exposure to elements in the field while female contractual workers join males as weeders, fertilizer applicators, deflowerers, deleafers, etc., as a conclusion, contractual women workers dont get the same benefits and protection as those regular women workers get. 197. Is the regularization possible in the agricultural sector? Contractual workers sign contracts ranging from three to five months of maximum tenure. They are not given a copy of the document. However, contractual workers usually work beyond the tenure in their contracts for as long as their services are needed in the farm. No contracts are drawn to cover the duration of the extension. In fact, it is common for workers to serve people beyond the six-month probationary period without the contract. Moreover, it is common for a worker who has been in a farm for years to remain a casual worker. When they are finally dismissed from work for the period, contractual workers are not allowed to reapply in the same farm on the next hiring period. If they want to work, they have to apply in other farms. This system has been imposed to prevent contractual workers from being regularized and forming labor union. Mostly affected by this system are the women who make up the majority of the seasonal workers. 198. Is contractualization socially responsible? Contractualization, as a form of underemployment, is socially irresponsible. How can he/she purchase groceries with sufficient nutritional value and maintain decent clothing and medical security for his/her dependents? As a contractual worker, will he/she have the chance to build and own a modest home for his/her family, to save for contingencies, emergencies and old age?

In employment, it is not satisfactory to consider only the legal requirements but also the socio-ethical considerations. One ethical consideration is that the basic right to adequate work and full employment is essentially attached to other fundamental rights, that is, everyones right to life, the support of his/her depe ndence, and right to decent living.

CHAPTER 17: Anti-Sexual Harassment

199. 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. Two Types 1. 2. Sexual coercion which is explicitly or implicitly made as a condition for favorable decisions affecting ones employment, gain, or loss of tangible job benefits. Sexual annoyance although not directly related to anyones employment, still creates an intimidating, hostile, or offensive environment in the workplace.

200. Is sexual harassment a form of discrimination?

The Supreme Court of the United States ruled in a 1986 case that sexual harassment is a form of discrimination prohibited by Title VII of the 1964 Civil Rights Act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment. The most important element is: when submission to or rejection of this conduct explicitly or implicitly affects an individuals employment, unreasonably interferes with an individuals work performance or creates an intimidating, hostile, or offensive work environment. 201. Is there an anti-sexual harassment law in the Philippines? The Philippine Anti-Sexual Harassment Act of 1995 somehow repeated the US Supreme Court ruling of 1986 Case Meritor Savings Bank v. Vinson. It defines sexual harassment as: The sexual favor made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee. 202. Is this law addressed to the male specie? In a strict legal sense, sexual harassment could be committed by somebody having authority or moral ascendancy over another usually by a male superior. As the Anti-Sexual Harassment reads: An employer, manager, supervisor, agent of the employer, teacher, instructor, profess or, 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. In the Philippines, the Anti-Sexual Harassment Act is virtually addressed to men. More often than not, men who wield some kind of authority become sexual harassers. 203. What are the manifestations of sexual harassment? Sexual harassment may be manifested in both the verbal and physical conduct. Verbal harassment may consist of lewd comments or remarks, offensive jokes, or outright propositions. The physical form may range from a naughty glance, leering, kissing and intentionally brushing up against a person to pinching, touching, and any sexual assaults. The use of objects or pictures to harass the victim is another form. The European Commission Code of Practice (1993) presents a list, which may include the following: Touching including pats, hugs or akbay, cuddles, kissing, beso-beso, fondling, pinching 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, and fondling of private parts Suggestive comments about ones body, clothes, personal lives, partners Innuendoes, sexist or lewd remarks or jokes Display of sexually explicit materials, sexual or sexist telephone calls, fax messages, e-mail, graffiti, letters or notes

204. What makes verbal sexual harassment different from a compliment? A compliment produces good feeling so much so one wants the interaction to go on. Sexual harassment is so discomforting that one wants it to stop, pronto. Such conduct causes the victim to undergo embarrassment or humiliation and a sense of being violated, taken as an object and pushed into a corner.

Verbal sexual harassment is more on the behavior that is coercive, unsolicited, and embarrassing on the part of the victim. *Take note: Sexual harassment is not based on the perpetrators good feeling but on the victims b ad feeling. A compliment produces a good and healthy feeling on the receiver while verbal sexual harassment definitely produces a diseased feeling. For this reason, it is always proper for men more importantly for those in management and executive positions to conduct themselves in a friendly but highly professional manner to prevent misunderstanding. 205. Are employers accountable when sexual harassment happens in the workplace? Because the Philippine Anti-Sexual Harassment Act declares sexual coercion or any unreciprocated and unsolicited behavior in the workplace or educational institution unlawful, it imposes a duty on the employer to prevent or deter any commission of acts of sexual harassment. The Philippine Anti-Sexual Harassment Act of 1995 makes sure that the 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 one to six months or fine ranging from P10,000 to P20,000 or both at the discretion of the court. 206. Are witnesses important to prove that sexual harassment took place in the workplace? Unless there are witnesses to the incident, which is almost improbable to produce, a complaint for sexual harassment usually winds up as a case of the word of the female employee against tht of the alleged author of the sexual indiscretion. It may be significant to note that in our country there was no specific law against sexual harassment until July of 1995 when the Anti-Sexual Harassment Act was promulgated. In CSR and business ethics, however, it is best to understand that even before it became illegal, sexual harassment in the workplace and educational institution is offensive from the moral perspective. Ethical principles and social responsibility always apply even in the absence of a law which declares an act illegal. 207. Are women becoming aware? Accusations of sexual harassment occurred in the United States at the highest levels of political power in the 1990s. Beginning in 1992, several dozen women accused US Senator Robert Packwood on making unwelcome and aggressive sexual advances. He resigned in 1995 after the Senate Ethics Committee voted to expel him of charges of sexual misconduct. In 1994, Paula Jones, a former employee of the State of Arkansas, filed a civil lawsuit alleging that she was sexually harassed by US President Bill Clinton while he served as Governor of Arkansas. In 1998, a judged dismissed the suit after determining that even if Jones allegation were proven, she could not demonstrate that she had been harmed by the behavior. Jones appealed the dismissal but later agreed to a financial settlement from Clinton and dropped the case. 208. Why is sexual harassment in the Philippines a different story? Because sexual harassment involves conduct of a very sensitive nature, the general reaction to this kind of harassment has something to do with our culture. Almost always the Filipino women would hesitate to report it when it occurs perhaps for fear of being embarrassed or ruining their reputation. Our sociocultural conditioning has made most women less courageous and less willing to talk about their sexual encounters as doing so might tarnish their person. The fear of being misunderstood is ever present in the Filipino feminine subconscious, it appears.

Taking advantage of this socioculture conditioning, harassers somehow know there is less risk of being exposed when they hit on women. Underreporting is expected in a culture where revealing details of a sexual encounter which is not of their making might mean social disapproval for women. As result, most victims are precisely targeted because they are in a very weak position to fight back. Complaining might lose them their jobs, since the harasser is often the immediate boss who has a direct say in the performance rating. 209. Why do the women victims take no action? Palabrica reports that in a local survey of female bank employees, 95 percent of those who said they were sexually harassed did not report the incident to management. From among the reasons cited, it is evident that they feared retaliation from their supervisors r coworkers and that they would not want to go through the inconvenience and complexities of having to file legal charges against them. A similar study on local hotel workers also say that most of the women do not recognize sexual harassment as a problem but rather as part and parcel of the daily job hazards in the workplace. Other women viewed it as part of being female, therefore substantially reducing the issue of sexual harassment into a gender-hazard. After all, they encounter sexual harassment practically all their lives-in school, at home, in the street, in crowded buses, and so on. Common sense dictates nonetheless that something has to be done, that is for the victim to talk about her experience to other women or colleagues in the workplace. Chances are others might have also experienced the same misconduct from the same manager or supervisor. 210. What is the socio-emotional damage that follows? In various degrees, the bad consequences of sexual harassment form part of the unhappy episode in the life of the female employee. Sexual coercion and annoyance are wicked experiences which can profoundly affect women who have to bear not only the psycho-emotional trauma, but also those results that hit them hard in the pocket. Contrary to what others might think, sexual harassment is not a minor irritation which has marginal or minor consequences. Its vicious consequences for the victims may include psycho-emotional stress, a degrading aftermath, self-doubt, economic loss, and a possible breakdown of a relationship. 1. Psycho-emotional stress. Persons who are harassed may suffer a loss of self-esteem, especially in the absence of a supportive environment. It can shatter the womens self -confidence to a point that she questions her ability to work, her physical appearance or attractiveness, her competence, and her manner of dressing. A degrading aftermath. Sexual harassment also creates a distracting work environment ehich may affect the competence and productivity of women. Successful women may instead become suspects when people start asking questions like Did she sleep her way to the top? Self-doubt. Leibenluft points out that the overriding effect is when she begins to lose confidence in her ability to carry out her job. She may believe she is responsible for the harassment, that she asked for it, provoked it, wore the wrong dress, said the wrong things, or was in the wrong place at the wrong time. Selfdoubt is not an easy matter to confront inasmuch as women have for years been wrongly blamed for causing or provoking sexual harassment and sexual assault. It can demean and damage the victim irreparably.

2.

3.

211. Are there economic consequences to sexual harassment experience? Yes, there are economic consequences to sexual harassment. There are victims who report a devastating economic impact and loss of income because of denied promotions, poor evaluations, or transfers. The interruption of ones career, forfeiture of benefits, and social isolation are other adverse effects of sexual harassment. Other women have suffered work-related stress that made it difficult for them to concentrate on their work. Mental anguish, depression, self-doubt and other psychological effects take their toll so that most victims frequently absent themselves from their jobs until they finally quit or are fired.

Breakdown of a relationship. Family members of the victim are also affected. To live with someone who is frightened or worried about going to work, who is depressed or angry and constantly losing temper over apparently minor events at home, is an interpersonal problem. The presence of a victim somehow creates distress in the family. The breakdown of the relationship is therefore one possible painful upshot of sexual harassment when the harassed usually pays a dearest price for being a victim. 212. What are the ethical principles violated by sexual harassment? Sexual harassment may appear to be a slight injury to the sensitivity, feelings, and freedom of the victim but, in reality, it is a dishonor to human dignity and a direct transgression to the basic human rights. Sexual Harassment is not only improper but also illegal and unethical. It is against the law, social responsibility, code of conduct, ethics and etiquette. Sexual harassment in the workplace violates several human rights, namely the fundamental right to be treated with respect, the employee right to a good working environment, the right to equal opportunity and the right to job security. Wherever sexual harassment is committed, the office becomes a sickening hunted place and the female employees immediate reaction is to get out of the workplace and seek a new employ ment somewhere. On the other hand, it is in the long-term interest of the business when working conditions are pleasant and women-friendly. 213. Is it a management issue? When ignored, sexual harassment can exact a high cost of the company in terms of loss of productivity, high absenteeism among affected employees, disruptions of work from long-term sick leaves, retraining of new personnel because of frequent workforce turnover, and low morale among female employees. And this is a tarnished public image and a setback on corporate finance because of possible litigation costs. Preventing sexual harassment is therefore not just the right thing to do. It is managements legal and social responsibility and it makes good business sense to nip it in the bud. Lawyers call this "vicarious liability while the military calls it commands responsibility". RA 7877 (The Anti-Sexual Harassment Act) - imposes a duty on the employer or management to prevent or deter any acts of sexual harassments in the workplace. 214. What are the social responsibilities of managers? The European Commission Code of Practice (1993) includes the following among the social duties of managers: To explain and positively promote the policy to their staff To ensure a working environment free of visual forms of sexual harassment To be alert to any practice of verbal forms of harassment and ready to take necessary action accordingly To be responsive and supportive to any member of staff who complains about sexual harassment To ensure a complete confidentiality in dealing with all cases of sexual harassment To ensure full and clear advice on the procedure To deal with all cases promptly To provide additional appraisal and counseling sessions to staff member who have difficulty in accepting or implement the policy To attend training sessions related to sexual harassment

CHAPTER18: Challenging Child Labor

215. What is the Philippine experience?

The United Nations Commission on Human Rights reports that if this exploitative practice is a fact of life in the affluent society, it is even more shameful and disgraceful in poor and developing countries. There are about 4 million child laborers in the Philippines -- aged between 5 to 17 years. More than 2.5 million are classified as "unpaid workers" in their own family business. While some 900,000 child laborers work in private establishments, more than 350,000 are household helps and 270,000 are self-employed. January 16, 1998 - Global March against Child Labor June 12 - Anti-Child Labor Day 216. What constitutes child labor? Child labor, the employment of children below 15 years old, is both illegal and unethical. RA 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act) - was approved on June 17, 1992 by the president of the Philippines. RA 7658 - was issued on May 12, 1994 by the DoLE which provides that among others, it is illegal to employ children under 15 years of age. 217. What are the dire reasons why children work? 1. 2. 3. Poverty Traditional distorted beliefs Convenience on the part of the employer

218. What are the evil consequences of child labor? Children who work may suffer in four areas: physical, mental, emotional, and moral. 1. 2. 3. Physical deterioration - since their body, emotion, psyches and mind have not matured yet. Mental wasting - young workers inevitably depart from some aspects of their juvenile life which are vital to their normal growth. Low aspiration - child laborers may soon acquire distaste for regular employment because they lack proper training and are physically worn out. They possess a small chance of acquiring a trade skill and may eventually drift into a huge class of future casual or contractual workers. Moral decay - they may show independence and defiance of parental controls as they develop a liking for "petty excitements on streets". They encounter opportunities to slip away into delinquency and street work, which can eventually supply a large percentage of the recruits to the criminal population.

4.

219. Are parents legally liable? The Human Rights Commissioner Nasser Marohomsalic said Republic Act 7610 which penalizes child abuse was signed by the President Corazon Aquino on June 17, 1992. The law attaches criminal liability to any parent who, by his/her actuation, deprived his/her child of parental love, care, protection, and education. 220. Are parents morally liable? A parent who defaulted from his responsibility is also morally resp onsible for his/her childs affliction. Many millions of child workers could have had the option to settle for a better life only if their fathers were men enough to take jobs and provide for their family. Their tragedy appears to have started with parents who were irresponsible. 221. What is the multiple approach to the problem of child labor?

One effective approach is the use of labels, which seeks to ensure that a single product or product type is free from child labor. Another is by codes of conduct and supplier guidelines, usually tailored to the specific issues faced by a particular company. 222. Is labeling effective? Critics suggest that labeling is generally too simplistic an approach by which to combat such a complex problem, for it is extremely hard to guarantee that a product has been manufactured without the use of child labor. However, such labels can bring benefits when they are supported by a rigorously applied audit process. 223. How do codes of conduct and supplier guidelines work? It is a voluntary scheme that seeks to control the worst excesses of the rug and carpet industry in Asia by encouraging loom owners to register their looms and hence qualify to apply the rug mark to their product. Loom owners must: Commit to working without illegal child labor; Provide a comprehensive list of all looms in their company; Pay at least the minimum wage; Have at least one third of looms inspected before acceptance within the scheme; Agree to unannounced inspection; Contribute 1% of export revenue into a central fund to rehabilitate and support exploited children.

224. How do businesses learn from the experience of others? Take for example a company that prioritizes the views of its customer stakeholders. Where customers demand that the company stop using child labor as has happened with some retailers, the company might concentrate on ensuring that children are not employed at its own or its suppliers premises. 225. Do some businesses focus on supplies and the community? A Company that focuses on the need of its supplier and local community stakeholders might well have a different response to the same problem. Rather than seeking to eliminate all work undertaken by children, it might choose instead to change the nature of work, in line with ILO recommendations and ideally in consultation with the local community based organization. 226. What is Royal Dutch/ Shell group doing vis--vis child labor? No kid pumps in gas, even in remote town in Mindanao. We are assured, positively, that all Shell employees are above the local legal age of employment and none is under 15 years old. Shell companies include specific anti-child labor clauses in the contracts they draw up with their suppliers and contactors. Shell companies are increasingly screening contractors and/or supplier against the use of child labor.

GROUP 4 MEMBERS
DAVID, Leanne Raye DIONSON, Elaine May DUMARAN, Althea ESPARAGOZA, Ian Christopher FORTES, Hillary Kate MONTES, Denisse Ira NALUZ, Joey RAGUINE, Jhosua