Terminal leave and bonuses of BALAS boys paid in full
City of San Fernado, Pampanga - The provincial government through the Human Resource Management Office clarifies today some quarry checkers that they will be paid in full of their bonuses and terminal leave credits.
Mrs. Jesusa Goseco, Provincial HRMO, sheds light on these issues as another stand-off staged this morning by some provincial quarry checkers in front of the capitol building here. The matter is directed to the 64 reinstated provincial checkers. It may be recalled that on July 10 of this year, the same checkers headed by Eduardo de Leon and Alex Pineda ( both former Quarry Supervisors ) engaged in the same protest rally clamoring for the resignation of Provincial Administrator Atty. Vivian T. Dabu who is the Chairperson of the BALAS Committee. The protesters were one in saying that they were hurt by allegations of Atty. Dabu regarding their "inefficency" and "irregularities" in some checkpoints.
The initial four-day stand-off was settled by Gov. Eddie T. Panlilio through a dialogue with all workers concerned. All employees who joined the rally then were automatically terminated following the guidelines set forth by the Civil Service Commission ( CSC ) through Resolution No. 021316 referred to as the "Omnibus Rules on Prohibited Concerted Mass Actions in the Public Sector". Thus state the guidelines:
Section 4. Limitations on the Right to Self Organization. - the right to self organization accorded to the government employees as described in the foregoing section that shall not carry with it the right to engage in any form of prohibited concerted activity or mass action causing or intending to cause work stoppage or service disruption, albeit of temporary nature.
Section 5. Definition of Prohibited Concerted Mass Action. - As used in this Omnibus Rules, the phrase "prohibited concerted activity or mass action" shall be understood to refer to any collective activity undertaken by government employees, by themselves or through their employees' organizations, with the intent of affecting work stoppage or service disruption in order to realize their demands or force concessions, economic or otherwise, from their respective agencies or the government. It shall include mass leaves, walkouts, pickets and acts of similar in nature.
Section 7. Administrative Liability. - Government employees who join, participate or take part in any prohibited concerted activity or mass action as defined in the preceding section, shall be held administratively liable for the offense of conduct prejudicial to the best interest of the service and such other administrative offenses as may be warranted under the circumstances.
Furthermore, in the Plantilla of Casual Appointment, the appointee clearly understands and agrees that he/she "may be laid-off any time before the expiration of the employment period when his/her services is no longer needed or funds are no longer available or the project has already been completed/finished or his/her performance is below par".
All provincial checkers are casual appointees. The "unconditional reinstatement" was a fruit of the negotiation that was mediated by some members of the civil society groups like the Kapampangan Marangal Inc. (KMI) and Kapampangan Coalition (KCI) on JUly 14, 2008 at a venue undisclosed to media. While Gov. Panlilio ordered the reinstatement of the terminated employees, the provincial chief executive remains firm that he is bound to implement the law.
Goseco further elucidates that the checkers (whose re-appointment covers the period July 21, 2008 - August 31, 2008) need not worry of facing unemployment because they (64 Checkers) are being considered for continuous service. "No directive was issued by the appointing authority that these checkers will be laid-off after August 31, 2008", the HRMO added.
Christopher Ocampo, a BALAS Committee member, was told to explain to his rank that their termination in July 10, 2008 still entitles them to the full payment of their terminal leave credits as well as their bonuses. Four months of uncut service prior to October 31 qualifies a government employee to receive his/her bonus in full. /PIO