University of the Philippines Manila College of Arts and Sciences Department of Social Sciences Padre Faura, Manila

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines

An Undergraduate Thesis

In Partial Fulfilment of the Requirements for the Degree of Bachelor of Arts in Development Studies

Farida Bianca P. Velicaria 2009-29128

Prof. Roland G. Simbulan Thesis Adviser

April 2013 University of the Philippines Manila College of Arts and Sciences Department of Social Sciences

APPROVAL SHEET

In partial fulfillment of the course requirements for the degree of Bachelor of Arts in Development Studies, this undergraduate thesis entitled “Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines,” prepared and submitted by Farida Bianca P. Velicaria, is hereby recommended for approval.

______Professor Roland G. Simbulan Thesis Adviser Department of Social Sciences College of Arts and Sciences, UP Manila

This thesis is hereby accepted and approved as partial fulfillment of the requirements for the degree of Bachelor of Arts in Development Studies.

______Professor Carl Marc L. Ramota Chairperson Department of Social Sciences College of Arts and Sciences, UP Manila

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 1 Acknowledgement

I would like to take this opportunity to thank everyone who has journeyed with me from first year to fourth year. This research serves as a culmination of everything that I have learned in UP. And through this, I come one step closer to my graduation.

Thank you to all the bus drivers, and conductors who gave me their precious time despite the little rest that they get. DOLE BWC and NWPC, LTFRB, and KABISIG, thank you for responding to my queries.

To Sir Simbulan, thank you for giving me this topic. I hope I was able to effectively show the real conditions PUB drivers’ experience. The plight of the bus drivers was never easy. Their working conditions create an environment vulnerable to accidents, forces them to push themselves to the limit, and the inefficient laws does not give them due protection.

To all my blockmates, thank you very much for the wonderful four years we have spent together. To Macky, thank you for all the debates where we always agree to disagree, I don't know how we managed to stay friends despite all the dissenting opinions we have, but all the more, thank you for staying. To Aynne, Kuya Dave, and Ate Chikkadz, Palawan team wouldn’t be complete without you, thank you for one hell of a rollercoaster ride. Because of the practicum, I was able to learn and appreciate things I usually disregard. To Pastelle, thank you for all the flying that we did together. I hope you realize how great you are. To Jen and Bea thank you for always being there to guide me. To Pat and Ariza, thank you for always being so sure of yourselves and being so great. Our relationships have been rough but our friendships have withstood all the troubles. To Vivi and Rayla, thank you for inviting me to your home. I will never forget the adventures we've had. To Hann, thank you for your kindness and the countless stories, you never fail to put on a smile on my face everytime we're together. To Charmee, Ella, Gaye, and Aubrey, for all the times we went home together, you ease the difficulty of going home miles away from our beloved UP. To Arlene, Mommy Joe and Ate Janneth, thank you for being part of our block, it wouldn’t be complete without you. To the Twins, you have a special plave in my heart. To Aldwin, you have matured and changed for the better, I hope you continue growing in the path you have chosen. To Isa, Arbin, Allan and Carmina, thank you for always being so jolly, it’s contagious! To Reggie and Johd, thank you for being how you are. To Regine, thank you for the lessons you've taught me. To Jam, thank you for all your stories most especially for explaining to me the perception of Japanese with regards to shining people. To Erika, thank you for always being online when I need to ask someone about school or when I just want to rant, and for being a reliable groupmate. To Josah, it has always been a laugh trip when you're around. To Mother Heilia, the motherly way you do things makes us all feel loved by you and by God.

To my parents, thank you for letting me stay in UP, and for all the trust you have given me. You have always been supportive, I love you very much. To my brothers and sister, thank you for bearing with me.

To my highschool, thank you for the training you have given me. I may have not yet fully bloomed, but I’m doing my best to nurture the seed you have planted in me.

To Ma’am Joson, thank you for making all my Komunikasyon units fun and worthwhile. To Ma’am Jopson, thank you for making me realize how important social movements are. To Sir Ramota, Doc Ed, Sir Ponsaran, and Sir Mesina, my other professors, thank you for instilling your knowledge to us.

To everyone I may not have mentioned here, thank you for making my stay in UP worthwhile.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 2 Table of Contents

Approval Sheet 1

Acknowledgement 2

Abstract 5

Chapter 1 Introduction 6 Statement of the Problem 7 Research Objectives 8 Hypothesis 9 Review of Related Literature 9 Methodology and Research Design 18 Population and Sampling 18 Theoretical Framework 20 Conceptual Framework 20 Variables Definitions 21 Instruments and Data Collection 23 Data Analysis 24 Scope and Limitations 25 Significance of the Study 26

Chapter 2 Company History and Profile 28 Philippine Rabbit 28 Pangasinan Five Star 31 Baliwag Transit 31 Victory Liner 32

Chapter 3 Laws Governing the Labor Conditions of PUB Drivers 37 Labor Code 37 Basic Rights of Workers 39 Unfair Labor Practice 40 DOLE Department Order No. 118-12 series of 2012 41 Terms and Conditions 42 Labor Relations 44 Compensation Scheme 44 Two-tiered Wage System 46 House Bill No. 3370 47

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 3 Chapter 4 Background of Bus Transport in the Philippines 49 History of Bus Transport in the Philippines 49 PUB drivers’ working condition situationer before DOLE DO 118-12 51

Chapter 5 Unionism and Organization in Bus Transport 56 Labor Unions 56 State of Unionism in Bus Transport 59 Unionism in the Major Bus Companies 60 Creation of KABISIG 64 Problems in Creating a Union 66

Chapter 6 Presentation of Data and Analysis 68 Sampling 68 Demographics 69 Working Conditions of PUB Drivers 74 Case Number 1 (late payment of wages) 77 Case Number 2 (accident insurance) 81 Case Number 3 (non-remittance of SSS) 84 Case Number 4 (unjust deduction of retirement fee) 85 Labor Unions 86 Case Number 5 (casual and contractual workers) 87 Case Number 6 (yellow union) 88 Enforcement of the DOLE DO 118-12 91 Problems of PUB drivers 93

Chapter 7 Conclusion and Recommendation 95 Conclusion 95 Recommendation 98

Bibliography 100

List of Interviews 103

Appendix NWPC Survey Result 104 Survey Questionnaire 106 Interview Transcriptions 108 Provincial Bus Franchises Plying Metro Manila 129

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 4 Abstract

This study focuses on the PUB drivers of major bus companies in the Philippines with liberating theory as its lens. It scrutinized the laws implemented with regard to the labor conditions of PUB drivers. It also analyzed the state of unionism in the bus transport.

The labor conditions of PUB drivers go unnoticed to the eyes of the passengers and the general public. Most of the time, they are seen negatively due to the high frequency of their accident involvement. In 2012, a department order from the DOLE was issued to reduce the number of bus accidents and to improve the working conditions of the PUB drivers. At first look, the department order seems to answer for the problems of the PUB drivers, but it actually aggravates it. Almost all the provisions stated in the department order were written in the Labor

Code but not implemented by bus operators. They are doing the paper works, but as Atty. Jaime

Garcia put it, “submission is one thing, compliance is another thing.” The department order is liberally construed, leaving its interpretation to the hands of the profit driven companies, as opposed to the drivers who want a decent pay for their family.

There are a lot of violations committed by the bus operators against the PUB drivers, such as the non-remittance of SSS, Pag-ibig, PhilHealth, and taxes, long hours of work beyond prescribed, and unfair labor practice. Severe labor conditions of PUB drivers are further aggravated by inefficient laws and weak support of the government, as well as the prevalence of yellow unions.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 5 Chapter 1

Introduction

Transportation is an important part of the lives of the people be it for leisure, business or education. Transportation costs add up or are always a factor in the computation of our expenses.

Aside from the economic factor, our time is also at stake when going from one place to another.

Every day, billions of people transport to and fro offices, schools, and other places.

A lot of technological, infrastructural and political transformations have occurred: the improvement of MMDA devices on their means of checking motor vehicles plying the roads, the creation of the LRT and MRT, and new volume reduction scheme in EDSA, respectively. Not all the transformations that have been done are improvements of the present system, some aggravates it further. Despite these changes, some still remains the same such as the rise of fuel price and the presence of buses. Bus transport is an important mode of transportation for long and short rides alike which accommodates a big number of passengers in one trip.

The world is getting smaller and smaller by the second, transportation getting more efficient as time pass by. The main actors in this industry must be well taken care of and not taken aside, for this industry is one of the keys to development. A lot of peso is wasted due to traffic. The problems of the drivers which are usually highlighted are the accidents they encounter, the rise in the price of fuel and their fight for a fare hike when needed. These are only the symptoms of a bigger problem. The root problems are the policies implemented by the government, the unfair labor practices of the bus companies, and the small voice, or rather the ignored voice, of the workers from this sector.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 6 Statement of the Problem

One of the most unappreciated/overlooked workers is the driver. In our daily encounter with the drivers we tend to judge them as reckless, drug addicts, unruly and undisciplined, most especially the PUB drivers. Most of the time, problems PUB drivers encounter, come unnoticed to the passengers. The severe labor conditions of PUB drivers are not exposed in full view to the public even if they are always with the passengers in the duration of their transport.

The usual problems PUB drivers experience are traffic congestion, muscle cramping, pressure points and poor circulation of blood in the part of the body, long term exposure to vibration and impact while driving over bumps in the road which usually result in lower back problems. All these result from poor layout of vehicle controls, steering wheel placement not adjustable and too small or large in diameter, shortcomings in the design of the seat such as no adjustable springs/suspension, no lumbar support and no height adjustability, sitting for long periods of time, holding a pedal down for long periods of time, and awkward working position, among others. These may result to musculoskeletal problems which include back, neck, and shoulder problems. This is also aggravated by the stressful work of PUB drivers having little or no input into how work is organized or implemented, work schedule interference with home life and leisure activities, social isolation on the job, disorderly passengers, threat of physical assault and crime, among others. (“Health and Safety Hazards for City Bus Drivers,” 1998) Motor vehicle accidents and exposure to air pollution are serious occupational safety hazard PUB drivers face every day; together with heavy traffic and bad weather which increases the risk of accidents. Proper maintenance of the vehicle is gravely important to reduce these accidents.

Aside from all the personal and health related problems stated above, there are other important

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 7 social problems which plague the bus drivers’ everyday struggle. This study will focus on the plight of our bus drivers in the different aspects of their daily life.

This study aims to answer the following questions:

1. What are the current labor conditions of the PUB drivers?

2. How is the government acting on the problems PUB drivers face?

3. What is the state of unionism in bus transport?

Objectives

This study aims to look at the current labor condition of public utility bus drivers of major bus companies in the Philippines. It will be studied in the lens of liberating theory’s four spheres of life in a complementary holist manner.

1. In its community sphere, it aims to define and assess the social roles played by the

government agencies, bus companies, NGOs, and the bus drivers.

2. In its kinship sphere, it aims to assess through the PUB driver’s perception of the role of

sexuality and age in being a PUB driver.

3. Economically, it aims to examine the economic condition of the public utility drivers and

to identify the classes inside the industry. It also aims to be able to understand and assess

the distribution of profit between the driver and the company.

4. Politically, it aims to evaluate the effectiveness of labor policies regarding the public bus

transport industry.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 8 Hypothesis

The PUB drivers have no bargaining power despite their labor unions because of the inefficiencies of the government agencies and motive for profit of the bus operators or companies. Thus, the PUB drivers have undesirable labor conditions.

Review of Related Literature

The author reviewed three theoretical related literatures in the study. It is focused on the more general aspects of public transport such as the contribution of transportation in national development, and the effect of Labor Code in the transportation and communication sector.

Another topic tackled is the well being of bus drivers in a span of 50 years of research.

Transportation in National Development

History of the Development of Transportation

In the ancient times, we used two forms of power in the movement of persons and things, human and animal power. It was people who carried or pulled the load while walking, and then it evolved to animals carrying or pulling the load when humans learned how to control animals in the year 2000BC to 14th century AD. Chariots were also of use to the Egyptians during 2000BC, together with the use of primitive wheel. The development of water transportation preceded any great progress in land transportation. After the 14th century, the development of transportation became faster because it has been an important tool for development in economic, social, military, and the progress of civilization and culture. The efficiency of moving passengers and cargo has improved dramatically with the technological improvements in transportation. Because

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 9 of the development in transportation, combined with the use of gunpowder and printing, there were political and scientific advances.

Safety regulations are essential in every industry to cover many aspects of the operations.

However, people’s safety and welfare are still the main concern of technology, but there are developments in transportation which can harm people such as the nuclear-powered ships with guided-missile cruiser.

Problems and Certain Policy Issues

As a developing country, the government is beset with many problems and questions such as having the government define the National Transportation Policy to guide planners and businesses in the development of the industry; having subsidized shipping industry, and create a ship building and repair industry; the continuation of the use of the present licensing and operation of the more expensive, uneconomical means of transportation; the establishment of a single agency to develop, coordinate and plan for the transportation industry; the extent of competing with private transportation entities; and the need of the government to adopt and develop a more effective method in granting licenses to operators and drivers. All concerns are posted for the national government because the public feels that they are not getting the quality of transportation they deserve such as having inequities in the number of vehicles in the different parts of the country and the poor quality of drivers.

The development of the transportation system must be tied up with national defense and civil defense plans since all military planning includes logistics, and it is hard to plan when it does not include development of transport equipments, roads, ports, airports, among others.

There is little attention to defense requirements compared to support the rice production

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 10 programs because of political reasons. This is not the case today anymore, because the Budget for the Department of National Defense costs Php106M while Department of Agriculture has only Php52M (DBM, 2011).The past governments are right in prioritizing the production of rice and other social services than the recent administrations that focus too much on defense, forgetting the welfare of the people.

Labor in Transportation Service

The most modern machine cannot run or operate without the help of people. Their training, utilization and welfare are prime considerations of society, organizations and the government. Transportation as a service is one area where the training, employment and management of labor are as important as the development, manufacture and maintenance of equipment, but this sector is usually taken for granted.

The role of personnel in the operation of the transport industry is varied and assumes great significance. The wages they earn in this sector differs: over-the-road jobs have the best pay, the mechanics rank second and so on and so forth, but this ranking may not be true for all.

This industry requires crews to operate the fleet and qualified personnel to handle the management, financial, traffic and sales aspect of the transportation business. Some even have to pass some exams such as the one from civil service, for example, while some only needs little training. Workers in this sector also formed themselves into labor unions. There are many labor unions whose actuations and demands are not conducive to the healthy growth of the industry and the economy of a developing country. The validity of this statement will be checked throughout the study.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 11 One of the problems of our motor transportation system is the poor quality of the driver population, lacking of courtesy and has made accident a daily occurrence. Most “mechanical failures” were caused by defects either previously known or foreseen, and the inattentive, careless and discourteous driver. This chapter, labor in transport service, also discusses some of the conflicts between the management and the labor unions. It also clears out the reason why labor unions exist and one of the reasons given was that they are the ones who check the performance of the management.

It also discusses the effect of technology on labor. The better the technology the less labor-intensive it becomes. New technologies in transportation and other sectors also displace many employees.

Bus Driver Well-Being Review: 50 Years of Research

This study analyzes consolidated key research on occupational health of bus drivers since

1950s. This proves the early findings that PUB drivers suffer ill health because of their job is still true up to this time. Specific stressors result in physical, psychological, and behavioural outcomes. This ill health has consequences in their performance such as absence, labor turnover, and accidents. Stressors in their job include poor cabin ergonomics, rotating shift patterns, and inflexible running times, time pressure, social isolation, reduced driver decision making authority. Aside from these, traffic and violence from passengers have heightened the stressors for PUB drivers nowadays.

Safety of travellers and other road users are of prime importance in any passenger transport industry. Side by side their safety, PUB drivers have to balance this with their service for the customer, as well as keep in mind the company operating regulations. The health of the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 12 driver is a critical factor in their driving performance. Knowing that the bus is a popular mass transport system worldwide, its endurance for staying in the future for a long time is strong.

Thus, it is imperative that the psychosocial work environment of the PUB drivers should be actively addressed.

In terms of research, it was only in the 20th century when occupational health of urban bus drivers began, some of it established the potentially noxious nature of professional bus driving. In their physical health there are three categories of morbidity prominent in bus drivers: cardiovascular disease, gastrointestinal disorders and musculoskeletal problems. In a set of

14,677 Norweigan males aged 49 to 50 years old with different occupation, based on the set of health indicators, PUB drivers have the worst health.

Bus drivers are at more risk to coronary heart disease than their bus conductors, and twice as likely to die from it at an earlier age. The difference between the conductors and drivers’ health is selection factor, greater mental strain for drivers, and the sedentary nature of driving. In another study, it turned out that drivers are more obese than others in the same socio-economic status. Obesity as a risk factor in coronary heart disease is implicated to their irregular eating habit, low level of physical activity at work, smoking and poor social networking. There is a positive relationship between length of service and hypertension, as well as between subjective reports of occupational stress and prevalence of hypertension. This trend is accounted for as consequence of two possible mechanisms: repression of anger or hostility (since they have to be courteous and appear modest while at work) as a coping mechanism facilitating the development of hypertension, or elevated blood pressure leading to hemodynamic changes that alter perception. The factors for the risk of hypertension are shift work, increased work pace and traffic, rigid time schedules, and noise combined with the prolonged exposure to toxic smoke of

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 13 the vehicles since carbon monoxide, sulphur dioxide, and nitrogen oxides escalate coronary heart disease. Even traffic was observed as a job stressor, drivers in high traffic areas are more prone to ischaemic heart disease as compared to those in low traffic areas. PUB drivers with split shifts or those who have a morning and afternoon shift with long breaks in between shows greater fatigue and physiological stress, this could be partly due to the body clock changes. Social problems arise such as disruption to marital relationships, reduced parent-child contact, problems with unwinding at home, and sleeping disorders. Cardiovascular disease has also been linked to high threat-avoidant vigilant work where high level of alertness must be maintained to safeguard passengers from safety hazards. Job-Demand-Control model predicts that individuals who have a high level of job demand with low control in the decision making will develop job strain. Those who have prolonged job strain is prone to coronary heart disease.

Psychological health outcomes that are associated with stress are depression and anxiety.

Depression and anxiety along with paranoid ideation and psychotism have been observed to be related to lower back pains among Turkish bus drivers. The same state except psychotism is also associated positively with service length. Negative passenger interaction has been implicated in poor psychological health for bus drivers; this may include obnoxious behaviour, fare evading or even physical assault. Public transport workers category of occupation were most worried about being assaulted, they are four times more likely to face the violence at work compared to the average worker. Those who are physically assaulted drivers were recorded to have developed post-traumatic stress disorder (PTSD), depression, anxiety, and low job satisfaction. Fear following assault appears to promote fatigue. Greater health problems are linked to PTSD such as back problems, gastrointestinal disease, chronic bronchitis, and inter alia. There is an

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 14 interaction effect between physical and psychological health complaints and development of post-traumatic stress disorder.

Behavioural outcomes are use of alcohol, tobacco, and drugs. There is a positive relationship with the years of service and the weekly consumption of alcohol; while there is a negative relationship with job satisfaction and alcohol consumption. Alcohol and tobacco is seen to be means to cope with stress. It has been shown that a higher level of on-the-job strain is accompanied by increase in smoking. Moreover, hindrance to opportunity to smoke heightens levels of strain as a result of plasma nicotine depletion in the blood. In a study made with the pilots, there is lowered performance due to this depletion. Another form of coping is drug use.

Drivers with back pain seek relief through medicinal drugs and greater drug abuse was linked to greater levels of stress. Shift work pattern compounds such practice with using stimulants during night to remain alert at work and using sleeping pills when attempting to sleep during the day.

Work absences due to illness are more frequent in longer durations to drivers than employees from other occupations. This may be due to the uncomfortable and fatigue-inducing working conditions, extended hours of work, and when their leave is denied by the bus operators they resort to “call in sick”. They opt to make absences and make up for it by doing overtime work since there are a lot of opportunities for them to have overtime work,. Irregular schedule obstruct legitimate opportunities to take time off. Occupational stressors including tight schedules, long hours, split shifts, poorly maintained equipment, difficult interaction with passengers, and threats of physical violence from passengers are reasons for their absenteeism.

Drivers who viewed safe driving as a priority had less absences. There is added burden to the present bus drivers because they have to compensate for their absent co-employees.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 15 Another outcome for job with high occupational strain is high labor turnover which can be due to the physically demanding work which eventually leads to disablement. There is early retirement as a result of hypertensive morbidity. On average, they retire at 47, only one out of ten bus drivers retire at the official retirement age. A few drivers pass the medical assessment to be able to retire at 63 years old; mostly drivers were classified to have medical disablement with no working capacity present which is due to back, tendons and joint disorder, mental disorders, and cardiovascular diseases. One in five drivers leaves due to job dissatisfaction. It was also revealed that long-term absence was a predictor of future disability.

Developments in UK have reduced casualties but this is not the case in developing countries. In research on accidents in the bus industry a lot of factors are considered. Age and experience appear to influence risk of accidents; there is a negative relationship in the number of employment experience with the number of accidents. Healthy drivers are less prone to accidents than those with excessive workload. There is a positive correlation between time pressure and rate of accident among drivers. Repeated insufficient recovery from work related fatigue is seen as a vicious cycle where extra effort has to be done to rebalance psycho-social state and prevent performance breakdown. Sleep deprivation and fatigue both reduces vigilant attention and promote sleepiness which is claimed to be 30% of all traffic accidents. Anxiety has been shown to reduce functioning in terms of central and peripheral task performance. Thus, not only attention field is narrowed but susceptibility to distraction is increased. Stress also compounds risk-taking. Social stress is related to fatal road accidents. Reactions to driving as task appear not only as a consequence of the situation but also influenced by the driver’s trait disposition towards viewing driving as stressful. Drivers who have lower back pain have negative effect on their efficiency as drivers. Hypertensive drivers, on the other hand, experience greater number of

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 16 severe accidents. Some medications such as tranquilizers contribute to drowsiness which perpetuates accidents. Other considerations such as traffic hazards encountered by bus drivers such as bad weather, erratic driving behaviour of other road users further add to the burden of the drivers all these coupled with poor personal coping ability poses greater accident risk.

Aspects of behaviour, locus of control, negativity affectivity, hardiness, gender, social support, and control appear to be relevant to bus drivers in the experience of stress. The study also discusses recommendations for the working conditions of bus drivers.

The Labor Code and its Effect on the Transports and Communication Industry

Major components in this topic are population, physical features, socio-economic factors, land and its development, and policy measures. These are the key elements considered by planners of transportation and communications. The implications of an increase in population will demand an increase in the facilities. This implies a need for road widening and improvement in the transportation infrastructures for the increasing demand in vehicles for transportation.

Considering that the kilometerage of roads per thousand populations, motor vehicles per thousand populations and per kilometer of road here in the Philippines are still way below those of other advanced countries. This shows discrepancies and inequalities in relationships, the dominance of urban centers, especially in greater Manila, in terms of availability of and standards for transportation and communications. But this way of looking at how population affects the demand for transportation and communications creates a unidirectional mode of causation. The viewpoint that this study used is mutual causation. This way the dimensions of population will be seen in the context of a positive loop as the receiving and originating ends of influence arrows of transportation and communications.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 17 In an archipelagic country such as the Philippines, transport and communications is crucial as a structuring device in molding the population into desirable patterns. Transportation and communications matter in the dominance of a province and vice versa. In a fast-paced society we live in, everything has to be quick, especially in transport and communications.

Methodology and Research Design

Explanatory research design was used by the author to explain the root causes and effects of the severe labor conditions of PUB drivers. Both qualitative and quantitative methods were used for this study. Surveys were administered to know the labor conditions of PUB drivers’ trend across the major provincial bus companies. Aside from the surveys, observation in the workplace both in the vehicle as well as in the terminal, and interviews were conducted for the primary data needed from the bus drivers, NGO/s, and government agencies. These were helpful in validating the secondary data collected from the libraries and the internet. Data collected and analyzed were focused on the PUB transportation sector, labor, and unionism. Laws, department orders, and memorandum circulars, among others were also retrieved to serve as parameters if bus operators and drivers comply with these. News articles, experiences of interviewed PUB drivers and cases filed to the Supreme Court among others were also used side by side with the parameters in analyzing labor conditions of PUB drivers. These were summarized, analyzed, evaluated, and presented in a logical manner to be useful knowledge in answering the questions posed at the start of this study as well as to achieve the objectives of the study. The author used accidental sampling for the sample of the population for convenience, and due to time constraint both by the PUB drivers and the author.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 18 Population and Sampling

There were four major provincial bus companies studied. Major bus companies refer to

the largest provincial bus companies in the Philippines comprising of the most number of bus

units with franchise. There were at most 10 samples from each bus company for the survey.

Table 1.1 Number of samples taken from the top five major provincial bus companies

Bus Company Number of authorized units Number of Samples Taken (Provincial bus franchises plying Metro Manila)1 Baliwag Transit Inc. 501 buses 10 Pangasinan Five Star Company Inc. 485 buses 10 Victory Liner Inc. 739 buses 10 G. V. Florida Transport 208 buses 0 Philippine Rabbit Bus Lines Inc. 186 buses 9 Total: 39

Government agencies concerning transportation and labor were tapped such as Land

transportation Franchise Regulatory Board, and Department of Labor and Employment. The list

of the major provincial bus companies were acquired from the LTFRB. Whereas the survey

result of the study of the National Wage and Productivity Commission on the labor conditions of

PUB drivers were acquired from the said wing of the DOLE. Interviews with the concerned sub-

agencies of DOLE, namely National Wage and Productivity Board and Bureau of Working

Conditions, were conducted to clear the provisions of the new department order of the

Department of Labor and Employment, as well as the Labor Code, and to get information on

how these are implemented in the case of the PUB drivers. These will be side by side with an

interview with the chairperson of the non-governmental organization, KABISIG.

1 The number of authorized units in the provincial bus franchises plying Metro Manila per bus companies listed was taken from the LTFRB data that was acquired by the author from the Management Information Division of LTFRB in January, 2013.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 19 Theoretical Framework

Liberating theory was used by the author to formulate a hypothesis, where the data collected was used to create empirical generalizations which prove or disprove the theory used. It was used in analyzing the plight and labor conditions of public utility bus drivers. Liberating theory focuses on four important spheres where these concepts interact and work together. The four important spheres are kinship, community, economy and politics. All these four constitute society. Liberating theory discusses in a complementary holist manner the features which define our society. “To be liberatory, concepts must counter tendencies to ignore, devaluate, or oversimplify important social dynamics such as race, sex, class or authority.” The goal of liberating theory is to “explain relationships, envision possibilities and delineate trends that may impede/promote these possibilities and make probabilistic predictions about the outcomes of current activities.” In Ilya Prigogine’s theory of change, the four spheres, and the human center and institutional boundary are part of dissipative systems. The society may experience evolutionary or revolutionary change depending on the pace and amount of change in the system.

Towards the end, this theory poses a humanist strategy in creating a viable blueprint which focuses on creating social solidarity, diversity of life options and outcomes, and collective self- management. (Albert, 1986)

Conceptual Framework

The four spheres of social life was used to analyze the point of view of the PUB drivers, the government agencies concerned, the bus companies involved in the study, and the non- governmental organization related to PUB drivers. This is the ideal conceptual framework of the author for a more complementary holistic approach to the focus of the study but due to time

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 20 constraint and tedious process of contacting the bus companies, the author no longer included the bus operators point of view. Here is the diagram of the ideal conceptual framework:

Figure 1.1 Conceptual framework model

Variable Definition

The variables and their operative definition, used in the study are the following:

1. Labor conditions refer to the sanitary conditions, safety conditions, apprenticeship

and education, wages, classification of workmen, trade unions, machinery for

adjusting grievances (Douglas, 1919).

2. Public utility bus drivers refer to a professional-licensed hired/paid to drive a PUB

(DOLE DO 118-12, 2012).

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 21 3. Public utility bus operator refer to a person issued a Certificate of Public

Convenience to operate a public utility bus by the Land and Transportation

Franchising Regulatory Board (DOLE DO 118-12, 2012).

4. Kabit System is where a person who has certificate of public convenience offers to

other people with motor vehicle to operate under his/her franchise for a fee. This is

not outrightly penalized as a criminal offense though it is recognized as contrary to

public policy. (Teja Marketing v. Hon. Intermediate Appellate Court and Pedro N.

Nale, 1987)

5. Subsidiary company is partly or completely owned by another company that holds a

controlling since its voting stock is comprised of more than 50% controlled by

another company (“Subsidiary,” 2013).

6. Yellow union is established by and/or under the influence and control of an employer

(ILO, 2005).

7. Economics involves the production, consumption, and allocation of materials which

affects the people as they engage in different kinds of economic activities. Other

central economic concepts for a complementary holist approach to economics are

personality, skill, knowledge, consciousness, and different kinds of qualitative social

relationships. (Albert, 1986)

8. Politics involves the creation of ideology; setting of societal priorities, policies, laws

and regulations; and the conferring of power, whether without majority participation

and ratification. Politics sphere includes the State with its military judiciary, police,

and public works; political parties; lobbying and public interest organizations, among

others. (Albert, 1986)

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 22 9. Kinship sphere determines interactions among men, women, and children. It sets the

role requirements for participation in sexual interaction and socialization and also

divides people into important gender groups. (Albert, 1986)

10. Communities are groups of people who share a common sense of historical identity or

heritage which usually derives from a common culture, language or lifestyle

developed while the original members of the community lived in geographical

proximity. Community sphere is the network of all these communities and their intra-

and interrelations. (Albert, 1986)

11. National Wages and Productivity Commission (NWPC) is an agency under the

Department of Labor and Employment whose mandate is to set minimum wage rates

and promote productivity at the national, regional and enterprise level (NWPC, 2013).

12. Bureau of Working Conditions (BWC) is a staff bureau of the Department of Labor

and Employment which primarily performs policy and program development and

advisory functions for the Department in the administration and enforcement of laws

relating to working conditions (BWC, 2010).

Instruments and Data Collection

The instruments used in this study were the following:

1. The author researched on the background and other related topics on the labor conditions

of PUB drivers and bus transport in general through the review of related literature and

the background of the study.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 23 2. The author retrieved legal documents such as laws, memorandums and department orders

from the sub-agencies of DOTC and DOLE. Some judiciary cases were also retrieved by

the author online.

3. The author acquired a copy of the list of the provincial PUB companies plying Metro

Manila from the LTFRB to know the major provincial bus companies in the Philippines.

4. Interviews were conducted with the DOLE agencies concerned: the NWPC, and the BWC.

This gave the author information on the enforcement of the laws regarding the labor of the

PUB drivers.

5. There was also an interview with the NGO of the PUB transport group. This gave the

author a background on the PUB transport industry as well as how the concerned

government agencies implement the policies.

6. Survey was also conducted with the PUB drivers. The author went to the bus terminals of

the said bus companies and surveyed those who are not so busy. The author did the survey

like somewhat an interview by administering the prepared survey questionnaire for the

PUB and asked them to elaborate through follow up questions. There was supposed to be

interviews with the bus companies but due to time constraint, the author decided to limit it

to the government agencies, PUB drivers and an NGO.

Data Analysis

In analyzing the data the author tabulated, and summarized the data first. Then, clustered and organized the data in a logical manner. The categories of responses and their linkages were determined. Trend was identified from these linkages. Then, the summarization and the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 24 interpretation of data were done to make conclusions. The theory outlined in the theoretical framework was used to analyze the data.

The interviews and surveys were analyzed simultaneously to triangulate with the secondary data gathered. The author also used case studies to present the problems PUB drivers experience in their work. In analyzing, liberating theory was used as its perspective in linking the data and discovering the trend or pattern which will materialize from the study.

Scope and Limitation

1. Though the author would want to cover the whole of the bus transportation sector, this

study will only focus on the plight of public utility bus drivers. The passengers will also

not be asked to participate in this study as well as the conductors. The environmental and

health factor will also not be tackled.

2. It will also be limited to the Philippines, covering the major provincial bus companies.

The major bus companies are the largest, with the most number of bus units. Since the

bus operators were not interviewed, the history and profiles of the bus companies only

came from internet sources.

3. The surveys were only done in terminals in Cubao, Quezon City for convenience of the

author, considering budget, time, and proximity of the location.

4. The violations of the bus companies when it comes to labor, came from the NGO and the

bus drivers interviewed and surveyed.

5. The legality of the bus company’s action and some inputs on the labor law came from the

government agencies.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 25 Significance of the Study

This study is very timely due to the prevailing labor conditions as well as the changing laws governing the PUB drivers. In the first quarter of 2012 a new scheme regarding the compensation scheme of public utility bus drivers and its conductors was passed into a department order by the Department of Labor and Employment (DOLE), the “fixed and performance-based and compensations scheme.” This scheme “refers to compensation scheme for bus drivers and conductors wherein the fixed component shall be based on an amount mutually agreed upon by the operator/owner and the driver/conductor, which shall be lower than the applicable minimum wage. The performance based component shall be based on safety performance, business performance and other related parameters.” (DOLE, 2012) This is in line with the prevention of more bus accidents and for the betterment of the PUB drivers’ labor conditions. This department order has other implications in the different spheres of life which will be discussed throughout the study.

In 2011 there was a stir about women being trained to be bus drivers. (Colmenares, 2011)

There were a lot of comments, worries and apprehensions and amazement among the people.

Finally, it has come to life. In some foreign traffic studies such as the 2001 statistics published by AAMI Australia which showed that women tend to have less crashes and their car accident claims cost less than men, one in five men admits to being an impatient driver compared to one in six women, and same number go for using mobile phones without hands free accessories

(MMDA, 2011). This may be a good move to have women bus drivers in the Philippines, gradually lifting the dominance of males in the bus transport and creating more job opportunities for women.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 26 The transportation sector is evolving: the expansion of the LRT, the increasing number of passengers, technographs, new roads, and new laws regarding traffic, among others; but little attention is given to the drivers. This study will give the attention due for the bus drivers, to air out their grievances to the government and the operators, and other concerns. This will raise the awareness not only of those with authority but the drivers themselves which may push them forward to unite and solve their problems to change their situation. There is a false consciousness seeping through the minds of the workers in general. Due to their monotonous and cyclical job situation, they just do what is asked of them and receive what is given them without asking and/or recommending what is right for them. This is also due to the fact that they do not have security of tenure. Although there are some who would want to fight for their rights, they opt not to do this anymore because they are either few, or alone. Hopefully, this study will empower them to get what is due to them.

This study can be used for the improvement of the policies regarding the transportation sector in general but most especially for the labor conditions of the bus drivers. Due to the inaction from the part of the government, the NGOs can also use this study as their basis for pressing the government what is for them. This study will point out the advantages and disadvantages of the prevailing system today.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 27 Chapter 2

Company History and Profile

The major provincial bus companies in the Philippines have other subsidiary bus companies. Victory Liner being the has been undergoing the second wave of concentration of firms. It expands through horizontal integration: buying competitor’s bus companies, and tie up with AirAsia, as well as the expansion though vertical integration in having related businesses to transport such as food and steel creation. Its sister company, the Pangasinan Five star, is also a major provincial bus company in the Philippines. On the other hand, Baliwag Transit

Incorporated has a subsidiary bus company the Golden Bee Transport and Logistics. Another major bus company is the Philippine Rabit Bus Lines, Inc. one of the oldest bus companies in the

Philippines and had its own motor repair shop, the Bupar, before. Aside from the mergers and the business creation of related industry, technological innovations have occurred in these bus companies to make their operations more efficient. In the liberating theory, it is stated that capitalists make social and technological investment decisions in their plants and in society as a whole with an eye toward reproducing their own relative advantages (Albert, 1986).

Philippine Rabbit Bus Lines

According to urban legends, Philippine Rabbit’s name was coined by accident; it was mistakenly painted as Philippine Rabbit instead of Philippine Rapid. However, the company’s general manager, Mr. Ricardo L. Paras, explained that the company was named in reference to the animal because of its speed, agility, and how fast they procreate. Also, it is because the first bus acquisitions of Philippine Rabbit’s main body feature were like a rabbit.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 28 It is considered one of the pioneering bus companies in the Philippines. Philippine Rabbit was founded in 1946 by the brothers-in-law named Florencio Buan and Ricardo L. Paras as a family partnership. They are natives of Tarlac. After the World War II, they saw the opportunity to set up a business of transporting people and goods because they observed that the people are starting to go back to their hometowns. The population in Central Luzon and elsewhere in the

Philippines relocated in remote rural areas to stay away from the Japanese occupational forces.

They started with two 6x6 trucks, overhauled by their mechanic friend, Mr. Arsenio Arzadon, who became the chief mechanic and Mr. Simplicio Buan. These trucks were used as US weapons carrier before they bought it in Mabalacat, Pampanga. In August of 1946, the trucks made their trip from Moncada, Tarlac, to Divisoria, Manila.

In its early beginnings the older brother, Florencio, was the driver and the conductor is

Bienvenido. It was incorporated in August 1958 as the Philippine Rabbit Bus Lines, Inc. with

Florencio Buan as president, Rizalina Paras-Buan as administrator, Ricardo L. Paras as general manager, and Natividad Paras-Nisce as treasurer. The death of Florencio and Rizalina in a vehicular accident made some changes in the company’s leadership. Natividad Paras Nisce became president and treasurer, and was the court appointed administrator of the properties left by the late spouses.

The change in leadership created an opportunity for fast growth and rose to become one of the leading pioneers in the bus transport in the Philippines in the 1960s with the bankruptcy of

La Mallorca, the then largest bus transportation company in Luzon. Philippine Rabbit was able to acquire most of La Mallorca’s franchise routes in Cagayan, Ilocos, Abra, La Union, Baguio,

Pangasisnan, Tarlac, Nueva Ecija, Bataan, Zambales, and Bulacan. Until 1970s the company has been expanding its operations with the acquisition of better buses to fulfil its commitment to

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 29 provide a safe and reliable service to the riding public. Its slogan is “Safety is everybody’s business in this company.”

Rabbitours or White Rabbits were their first fleet of air conditioned buses which were used for their chartered bus tours and has featured panoramic windows. They imported this directly from Japan to cater to the growing demand for chartered buses in the fast growing tourism industry in the Philippines. In 1980s Philippine Rabbit started their own bus body repairs, the Bupar Motors, as part of its program in expanding their maintenance. They had good and the latest model of fleets in the last quarter of the century, 1975-2000. In 1988 the company introduced its own system of fare coupons for its riding passengers in all its major terminals that helped reduce bus hold-up incidents. In 1990 it rehabilitated their fleet of buses. In 1991, after the Mt. Pinatubo calamities, the company opened its mother terminal in Tarlac, the biggest in

Luzon. Another terminal was opened in Munoz, Quezon City in 1994.

In the late 1990s and the first part of the following decade, it had its darkest times. Its workforce led a strike which resulted in the temporary suspension of their operations on 1986, where the business operations were temporarily suspended for four months, and in 1990s. These labor incidents came during the time when the industry of bus transport in the Philippines was having financial setbacks due to the rise in prices of oil, equipments, spare parts and the difficulty of importing the needed genuine spare parts. To regain all the losses after the strike, the company sold many of its assets. Some of it is their bus units, franchises, and real properties.

Their area of coverage was lessened. Philippine Rabbit have managed to survive its dark times and currently in its efforts to recover and regain its status in the past. It continues to strive to be at par with the leading bus companies in terms of number of buses and providing quality and reliable transport service to its patrons. (“Philippine Rabbit,” 2012)

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 30 Pangasinan Five Star

It was founded in 1983 only as city operation with ordinary buses. It grew in the event of

Pantranco’s closure. Pangasinsan Five Star Bus Company, more known as Five Star, travels from

Manila to Pangasinan, Central Luzon, and Northern Zambales. It has Cisco, Bataan Transit, First

Solid North Transit, and City Bus as its subsidiaries, and Laguna Star Bus as its company affiliate. JRC is believed to be a part of the Five Star Group of Companies. In 2010 Five Star has all the company’s holdings of Sierra Madre Transportation, Co., Inc. In 2012 they have bought the company’s holdings of Santrans Corporation.

Now, Five Star uses Technograph to monitor its drivers who are over speeding between

100kph continuously. Those who will violate the rule will be suspended automatically. In 2012 they have installed free Wi-Fi on some of its unit. (“Five Star Bus Company,” 2013)

Baliwag Transit Inc.

In one of the cases filed against the bus company, Baliwag Transit, Inc. v. The Hon.

Court of Appeals and Roman Martinez (1987), its history unfolds. The firm was named Baliwag

Transit which was owned by the late Pascual Tuazon. He operated it until his death on January

26, 1972. Afterwards, it was named Baliwag Transit Inc. under the management of Mrs. Victoria

Vda. De Tengco, his niece. They were natives of Baliuag, Bulacan. It was formerly a single proprietorship which has expanded and became part of the Baliwag Group of Companies handled by Mrs. De Tengco’s children and grandchildren. Baliwag Transit’s headquarter is in

Sabang, Baliuag, Bulacan which services Manila-Northern Luzon. (“Baliwag Transit,” 2013)

In Baliwag Transit’s early years, their application for their six buses for the certificate of public convenience was opposed by the present bus companies at that time plying the route of

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 31 San Miguel, Bulacan and Manila. The opposing bus companies are claiming that they have enough buses plying the said route for public demand. In the end, the petition of the opposing bus companies was junked in favour of Baliwag Transit. (Angat-Manila Transportation Co., Inc.,

Victoria Vda. De Tengco, 1954) It was also said from the first case mentioned in the first paragraph that there had been an anomaly of Kabit System between the two relatives. It was stated in the case that Pascual Tuazon owns Baliwag Transit before 1972 but in 1954, when

Baliwag was starting, it was Victoria Vda. De Tengco who applied for the certificate of public convenience (Baliwag Transit, Inc. v. The Hon. Court of Appeals and Roman Martinez, 1987).

The competition among the pioneer bus lines in Bulacan did not put down Baliwag, it even expanded and acquired pioneer bus lines in 1966. The following year they had additional operations in Nueva Ecija and Bulacan with approximately 200 buses. In the next few years,

Baliwag Transit was still rapidly expanding. In 1975 they decided to enter the tourism business.

It obtained a certificate from the Department of Tourism to do a business as Licensed Tour

Transport Operator while still acquiring new units.

Their vision is “to be the premiere provincial bus transport in Luzon” and their goal is “to gain public trust and confidence.” In line with this, their mission is “to provide a safe, comfortable, and affordable transport service” while valuing human life, work, peace of mind and personal integrity. (“Baliwag Tansit, Inc,” 2011)

Victory Liner, Inc.

The mission and vision of Victory Liner, Inc. is to maintain a safe and constant speed of their drivers, have courteous and respectful conductors, as well as well-oiled machines of the buses maintained by the maintenance and service personnel, and to keep the trust of the people in

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 32 their excellent transport service. They value research and take things to the next level, according to their website.

In the years that have passed, VLI has pioneered in the local transport industry. In the

1960s, they have imported a completely built-up bus, conversion of the front-engine to rear- engine buses, use of steel bodied buses and diesel engines. In the 1970s, they had air conditioned provincial bus service, and queuing systems. By 1980s, they had radio communications, automatic transmission, and video-on-board for buses. In the 1990s, VLI has enhanced management information systems and launched intensive human resource training and development, including on-the-job-training for the next generation. (“Victory Liner, Inc. Mission and Vision,” 2011)

VLI is a product of the ruins of the Japanese occupation in the Philippines. During the

Japanese Occupation, Mr. Jose I. Hernandez was obliged to service engines and fix firearms of both the Japanese and guerrillas. When the World War II ended in the Pacific, the Americans left their automobiles in the Philippines because it would be expensive to bring them back to their country. Since Mr. Jose I. Hernandez Sr. was a mechanic, he collected parts of machinery, metals and spare parts from the abandoned US military vehicles and created a truck. Since his motor shop declined they had a new business, he thought of using this delivery truck to resume their new business. His family have a buy and sell business of rice, corn, vegetables, fish sauce, and fish paste, and their home made laundry soap. This truck he has envisioned turned out to be more like a bus.

Since public transport during that time was still in ruins, people hitched rides on passing vehicles like their truck. Jose thought of charging fee for their transport since American passengers voluntarily paid for their ride. They added wooden planks across the truck bed to

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 33 accommodate more passengers. Eventually, they saw that public transport as a business is more profitable than trading goods, and so they shifted their business. The first Victory Liner bus was open on both sides; this was assembled by Po Chuan, a friend of Mr. Hernandez. His new business was inspired by the triumph of Americans who made “Victory” a household name after the war. Also, coins had victory bore on it. Filipinos displays a V-sign and cheered “Victory!” every time they see Americans walking the streets of Manila. Thus, the name Victory Liner reflected the strong emotions of Filipinos that time.

Their first ever bus plied the Batangas Pier-Divisoria route. Mr. Jose Hernandez is the

PUB driver and mechanic, and the conductor was his brother-in-law, Leonardo D. Trinidad. It operated very simply, having the members of the family as workers. Their franchise was registered under Marta’s name, Jose’s sister. After a few years, Eugenio joined the group and their route changed to Divisoria-Olongapo. Jose also trained his son, Bernabe as his apprentice.

Jose was in charge of the maintenance, Eugenio with finance and accounting, and Leonardo with the operations. The first cashier was Cenon Galian, and then Consolacion Alava succeeded him at the VLI head office until this day. The payroll was under Elenita Sordan and assisted by Sally

Hernandez. Their first physician was Dra. Josefina Quincho and was succeeded by Victoria in

1974. They didn’t think of making this a very big thing, they became one of the main transport mode in a lot of provinces in Luzon. Their business expanded to tools and machine shop, realty, food business, production of stainless steel wares that utilized machinery from the bus building section and agri-business. (“Beginning of Victory Liner,” 2011)

During the 1970s, the second generation has been feeding innovative ideas and expansion to their elders such as the introduction of provincial air-conditioned buses and radio communications equipment. Johnny became Operations Manager in 1977, he has been exposed

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 34 to his father’s work ethics and he finished an Economics degree in the University of the

Philippines. He introduced and implemented a comprehensive training program for drivers and conductors on road safety and passenger courtesy. He also helped rewrite a book on bus safety and security with the use of metal detectors and plain-clothes security to deter crime. He also constitutionalized the “running time” rule where there is a speed limit which was closely monitored by tachographs initially to reduce reckless driving, speeding, and road accidents.

Statistics from the Securities and Exchange Commission shows that in 1979, VLI was the third largest transport company in the Philippines in terms of assets. In 1989, it became the biggest inter-provincial bus operator in the country.

During the 1980s to 1990s, they embarked on the construction of terminals meal stops, refuelling stations, and rest areas for both the passengers and crew. During this time to, VLI faced great challenges. The assassination of Ninoy Aquino caused the interest rates to rise at

43%. In 1990, an earthquake left Luzon highways damaged and impassable which caused rerouting and cancellation of the trips. The eruption of Mt. Pinatubo in 1991 caused engine troubles due to the ashes that penetrate the mechanical system, as well as the ash-filled roads that burdened the engines. In 1992, the Americans pulled out the military base in Olongapo, Clark

Field and Camp John Hay which resulted in the reduction of passenger count in Zambales and

Baguio, adversely affecting the finances of the company. But despite all these troubles, they still became the biggest inter-provincial bus operator in the North in 1994. In 1995, it became the first bus company to hit the billion peso mark in revenues. Even in the 1997 Asian Financial crisis, by implementing prudent loan and investment policies, and carefully formulated cost-cutting programs. It also continuously dialogued with labor and government to maintain industrial peace and progress. The author thinks there could have been contractualization or layoffs during this

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 35 time. They also increased the employee benefits and had recreational activities such as October sports fest in basketball and bowling.

Victory Liner was passed on to Johnny Hernandez, Mr. Hernandez’ son. In 2000, the second generation of the family was effectively running the corporation. In 2003, VLI was then ready for its expansion for another 50 years of corporate life. In 2007, they had a deluxe class in some routes. In 2011, VLI equipped its buses with Wi-Fi. In 2012, VLI has tied up with AirAsia

Philippines to provide free shuttle service for their clients in Clark International Airport from

Dau and Marquee Mall to Clark Airport.

Three generations of the Hernandezes, and still they are expanding. They continued

Marta’s tradition of gift-giving, scholarships, model employee awards, thanksgiving masses, as well as maintaining ties in Bulacan. They continue to be what their vision states, “The transport of choice and to move people better and safer by providing quality transport service.” (“The

Road to Victory,” 2011)

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 36 Chapter 3

Laws governing the Labor Conditions of PUB drivers

Contrary to the common belief, PUB drivers are not field workers. They are covered by the provisions of the Labor Code. Another law governing the labor conditions of the PUB drivers is the newly released department order of the DOLE. In contrast with this is the proposed House

Bill 3370 by Bayan Muna Representative Teddy Casino and Anakpawis Representative Rafael

Mariano. Laws were created to protect the welfare of the people but most of the time they just remain written and unused. Worst is that when its loopholes are used against the very people it is supposed to be protecting.

Labor Code

Most bus companies when in the mediation process, according to Ka Sandy Hachaso, the chairperson of Kapatiran ng mga Anakpawis sa Bus Industry, deny its PUB drivers as its regular employees since they are paid on a commission basis. PUB drivers are not field personnel. Thus, the provisions of the Labor Code applies to them accordingly. Field personnel are defined in the

Labor Code as, according to Article 82: "Field personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.” In a case between Auto Bus Transport Systems Incorporated and

Antonio Bautista, the issue of being field personnel is being debunked in order to be granted the unpaid service incentive leave. In the argument, it is “stressed that the definition of a field personnel is not merely concerned with the location where the employee regularly performs his

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 37 duties but also with the fact that the employee’s performance is unsupervised by the employer.

Also, field personnel are those who regularly perform their duties away from the principal place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.” (Auto Bus Transport Systems Incorporated v. Antonio Bautista,

2005) Technically, PUB drivers are not unsupervised because there are inspectors assigned in strategic points along the routes of the buses and they board these buses to inspect the passengers, the tickets issued. The conductor also reports their collection after each trip. Having bus stops aside from the inspectors in strategic locations show that they are monitored, they have to be in a specific place at a specific time. The dispatchers too, monitor their time of arrival and departure, and they are also responsible for giving routes to the PUB drivers. There is also a regular bus check up with its mechanical, electrical, and hydraulic aspects even if there are no reported problems with the vehicle. A PUB driver is therefore not a field personnel but a regular employee who, as defined in the Labor Code Article 230: “The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.” Being a PUB driver in a bus company is sure to be “usually necessary or desireable in the usual business or trade of the employer.”

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 38 Basic Rights of the Workers

The basic rights of workers as stated in the first few pages of Azucena’s 2001 edition of

Everyone’s Labor Code are trampled upon by the employers in their pursuit of higher profits.

Workers are not able to fight for their rights because of the poor organization in the work place and the bias of the government is in favour to the private companies.

The basic rights of workers, as stipulated in the Labor Code, include security of tenure wherein they could not be dismissed without just and authorized causes and due process; as well as they shall be made regular after 6 months probation period. The normal hours of work is 8 hours a day with meal and rest period; weekly rest day is also a must which shall be 24 consecutive hours. Their wage and wage related benefits include the following: minimum wage, holiday pay, premium pay, overtime pay, night shift differential pay, service incentive leave pay,

13th month pay, paternity leave, separation pay, and retirement fee. The payment of wages also has to be in cash at the place of work, somewhere near it, or within 1 kilometer radius to a bank.

It has to be paid directly to the worker in intervals not exceeding 16 days. The worker’s money claims is given preference in case of bankruptcy or liquidation of business.

There are provisions with the employment of women and young workers. There should also be safe and healthful conditions of work and welfare services. Benefits such as the ones under the Employees Compensation Commission and Social Security System are also part of their basic rights. Self-organization and collective bargaining, labor education, peaceful concerted activities in accordance to the law, participation in policy and decision-making processes affecting their rights and benefits, free access to courts and quasi-judicial bodies and speedy disposition of their cases are also included in their basic rights (Azucena, 2011). These are very important but not encouraged in the environment of the PUB drivers.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 39 Unfair Labor Practice

In having a union inside a company, unfair labor practice can be committed by both the employer and the employee’s organization. This violates the constitutional rights of the workers to self-organization, a violation of the labor and management civil rights, and most especially it is a criminal offense against the state. Acts under ULP is detrimental to the legitimate interests of both labor and management, disrupts industrial peace, as well as hinders the promotion of healthy and stable labor-management relations. Criminal ULP cases can be filed in the regular courts. However, no criminal prosecution may be instituted without the final judgement from the

National Labor Relations Commission. (Article 247 of the Labor Code)

Employers commit ULP when it requires as a condition of employment that a worker shall not be a part of a labor union; outsourcing services being performed by union members when such will interfere with the exercise of the workers’ right to self-organization; discrimination to terms and conditions of employment in order to encourage or discourage membership on any labor organization; and dismissal or discrimination against workers for having given or being about to give testimony under the Labor Code (Article 248 of the Labor

Code), However, labor organizations also commit ULP when they restrain or coerce any employee in the exercise of their right to self- organization; and in causing or attempting to cause an employer to discriminate against an employee (Article 249 of the Labor Code). But labor organizations have the right to create their own rules with respect to the membership, given that it does not breech any other law.

The unfair labor practice that could be committed by both the employee’s union and the employers are: interference, restraint, or coercion of employees in the exercise of their right to self-organization; violation of the collective bargaining agreement; initiating, dominating,

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 40 assisting, or otherwise interfering with the formation or administration of any labor organization; violation of the duty to bargain collectively; and payment by the employer of negotiation and acceptance by the union as part of the settlement of any issue (Article 248, 249 of the Labor

Code). Having company unions, any labor organization whose favour, function, or administration has been assisted by any act defined as unfair labor practice in the Labor Code is part of the ULP. Unfortunately, the companies included in the study still persist in committing it.

Department of Labor and Employment Department Order No. 118-12 Series of 2012

Last January 13, 2012, DOLE Secretary Rosalinda Dimapilis-Baldoz issued the DOLE

DO 118-19 series of 2012. It stated the rules and regulations governing the employment and working conditions of the PUB drivers and conductors to ensure their welfare and protection.

The policy goal of this department order is to promote better road safety not just for the driver, the conductors, the passengers, the pedestrians and other motor vehicle owners but at the same time ensensure the income of the drivers.

There will be routine inspections of the workplace and their records by the DOLE-

Regional Office. Bus companies are encouraged, but not required, to enrol and participate in

DOLE programs to improve compliance with labor standards. According to Mr. Erikson Igual, an employee from DOLE-BWC, only those who will comply can get a labor compliance certificate which is a requirement in the issuance or renewal of a franchise. This is the scheme of

LTFRB to ensure compliance with the department order.

Violations shall be resolved through the disposition of the labor case procedures and the conciliation-mediation services of the DOLE. In failure to comply or correct such violations,

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 41 DOLE will coordinate with LTFRB for the necessary action which may include cancellation of franchise after due process.

Cancellation of franchise affects not only the bus operators but also the PUB drivers and conductors more gravely. In an interview with Ka Sandy Hachaso, recently they protested against the cancellation of franchise due to accidents. Before, it was 3 months suspension or automatic cancellation, but now it has lessened to 1 month suspension. In the case of cancellation of franchise, just because of an accident by one driver, everyone else suffers, the whole operation is stopped and other drivers do not get paid. It is not the operators who get hungry but the families of these affected PUB drivers. Drivers wouldn’t risk having an accident because they too have mouths to feed. Ka Sandy defends drivers by saying accidents are part of the nature of business, it is also the design of the traffic and the road. The driver is not alone in the highway. It is not the sole responsibility of the PUB driver, in an accident, both sides should be looked into before jumping to conclusions. In the survey that NWPC conducted, it is likely that the working conditions of the PUB drivers are great contributors for such accidents.

Terms and Conditions of Employment

The terms and conditions of employment include the agreement between the bus company, and the worker. It determines the: fixed wage and the formula that will be used in calculating the performance based compensation, hours of work, wages and wage-related benefits, social security and welfare benefits, retirement pay, and other benefits under existing laws. Both parties must have a copy of this agreement.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 42 The normal hours of work has also been set to 8 hours a day and should only have a maximum of 12 hours with overtime pay. They should also have rest periods of 1 hour, exclusive of their meal breaks within the 12 hour shift period.

PUB drivers and conductors are entitled to benefits of having wages for all their work done which shall be given at intervals not exceeding 16 days, they shall also receive holiday pay, rest day of 24 consecutive hours for every 6 consecutive working days, premium pay, overtime pay, nightshift differential, paid incentive leave of five days for every year of service, 13th month pay, paid maternity leave, paid paternal leave of seven days, paid parental leave of 7 days for solo parents, it also honors the Magna Carta of Women by giving them paid special leave for women who underwent surgery caused by gynaecological disorders, as well as the Anti-Violence

Against Women and their Children Act of 2004 by giving them paid leave of 10 days for victims of violence against women and their children (VAWC), and they are also entitled to a retirement pay upon reaching 60 years old and above. They shall also be entitled for social welfare benefits such as Pag-ibig fund, PhilHealth, Employee’s Compensation Law, Social Security Law, and other applicable laws.

TESDA shall look into the knowledge, attitude, and skills of the professional drivers.

There will be an assessment which will gain them a certification from Tesda. The certification is a requirement by the LTFRB in issuing a franchise. Also, a safety and health committee should be created. They shall implement and promote occupational safety and health programs consistent with the Occupational Safety and Health Standards, and also other DOLE issuances with regard to the prevention and control of tuberculosis, HIV-AIDS, hepatitis B and illegal drugs in the workplace. This provision in the DO does not have sanctions or plan of action for those who will not create such programs.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 43 Labor Relations

Another vague provision is the creation of the labor management committee or any labor management mechanism that would be composed of representatives from the management, and the PUB drivers and conductors. They will be tasked to develop and implement labor- management schemes and welfare programs. There is no implementing rules and regulation regarding this.

They should also enjoy the security of tenure in their work and shall not be terminated without due process. From these benefits and rights arise the importance of their right to self organization and collective bargaining.

Compensation Scheme

DOLE has also devised a way to create a new compensation scheme which is the two tier wage system that should be mutually-agreed. As explained by Mr. Erickson Igual of the DOLE

Bureau of Working Conditions, with the two tier wage system there should be a fixed part which is not less than the minimum, and a performance part which is based on the income of the company during a specified period or day, as well as the safety performance of the driver. The performance based serves as a reward system while their take home pay is ensured because of the fixed part. In the DO however, they called it the Fixed and Performance Based Compensation

Scheme. Atty. Jamie Garcia from NWPC, clarified this further during an interview. She said that the most controversial part of the DO was the monetary benefits. NWPC explained to the bus operators that this is nothing new; there would be no additional costs. First, it is already clarified that PUB drivers are not field workers; thus, they are covered by the Labor Code. Secondly, the lowest take home pay of the PUB drivers, based on the survey conducted by the NWPC, is

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 44 Php1200 compared to the minimum wage at that time, Php426 only. The bus operators only think this is new but it is only a matter of realigning of the wage structure. In the fixed wage component which shall not be lower than the minimum wage, it will include the wage and the wage related benefits such as overtime pay, night shift differential, service incentive leave, and premium pay, among others. 13th month pay, holiday pay, and service incentive leave can also be integrated into the daily wage of the PUB drivers in the fixed component. Atty. Jaime Garcia explained that the 13th month pay would be too much to bear for the bus operators having so many employees if they give it all in December. The 13th Month Pay Law states that it should not be given not later than the 24th day of December, no law prohibits the distribution of 13th month pay on a daily basis. The complaint of the operators, that giving these wage related benefits would give them additional costs was thus cleared. However, other bus companies have no payroll; they only get to account the remittance, the commission of the driver and the conductor, and other expenses. The only thing that would change is that they should have payroll, and they have to submit a compensation scheme because the wage board has to check and ensure that the employees get to receive not lower than the minimum wage, and the maximum number of hours and days worked. According to the Labor Code are followed but then as Atty. Jaime put it,

“submission is one thing, compliance is another.”

In an interview with Ka Sandy Hachaso, he mentioned that the DOLE DO 118-12 in their company is not fully enforced. He finds it unwise to have the new wage system of remitting the money to the company first and getting your wage after a week or 15 days leaving you in debt. Since the bus company where he is now employed doesn’t follow the current DOLE DO on the number hours of work, they asked the bus operators to just go back to the old system where they get their commission right after every trips. They had a dialogue with the management first,

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 45 asking to give them allowance for their meals and some money for the callers or barkers if they are really going to enforce giving wages on a weekly basis. The management deems it more costly for them and just decided to go back to the old system, and right away the company got the certification from the DOLE-RO. After all, it is just a matter or restructuring the wage. The hours of work remains the same. It all boils down to politics. Their names are praised for a job well done in creating laws that seems good to the eyes of the public, but what the public do not see is its enforcement is very poor.

Two-Tier Wage System

Under this system, the first tier is the mandatory national wage or a floor wage while the second tier is productivity based which is determined by the factors that are external to workers.

According to Eiler Inc. Executive Director Anna Leah Escresa-Colina, this would further skew the highly varied wage levels across the country since productivity greatly varies among regions, per industry and per company. Our country has generally low productivity levels, implementing this wage system would just give lower wages for our workers. Also, the collective bargaining would be of no use on wage increases because productivity would become the sole measure of wage increase. (EILER, 2010)

This scheme would raise productivity of workers in general while labor costs decreases.

Workers would offer the most output at the shortest time or lowest pay. This lowers the wages because of (1) deregulation of the setting of minimum wage, (2) flexibilization of labor, renamed as productivity-pay, and (3) the putting of all the decision in setting the wage up to the companies. (EILER, 2012) Just as what is already happening now, the companies manipulates the wage structure to fit into the requirements of the DOLE. Incorporating this system to our

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 46 PUB drivers would definitely make their wages lesser since their only sure take home pay would only be the first tier, and the second tier is voluntary; in essence they are now reduced to being floor wage earners, which is contrary to the non-dimunition principle.

The fixed part or the first tier is not the same with the minimum wage it is set based on the poverty threshold, it is lower than the prevailing minimum wage in a region. In one of the

Government Finance classes of the author, it was discussed by Professor Allan Joseph Mesina that the poverty threshold was changed to reduce the price of the basket which makes our country surpass the Millennium Development Goal of reducing poverty incidence by a certain percentage. Having lower price basket would also mean having lower floor wage.

House Bill No. 3370

Introduced by Rep. Casino and Rep. Mariano, HB 3370 is entitled An Act Regulating The

Compensation of Public Utility Bus Drivers and Conductors by Requiring Bus Operators to Pay

Them Fixed Monthly Salaries and Providing Penalties for Violations Thereof. This aims to address the poor working conditions and unfair boundary or commission based systems which are at the root of the accidents involving buses. In majority of the Metro Manila bus companies, drivers get a commission of 9% and conductors get 7% only which are set by the bus operators.

When drivers and conductors do not meet the quota for the day, they would not get their bonus or the gasoline will be deducted from their collection from where the remaining would be the basis for the computation of their commission. Most bus drivers and conductors work three to five days a week, eight or more hours a day, while relievers work less than three days a week.

They work less than five days a week but almost no rest which is detrimental to their health as well as the safety of the passengers will be sacrificed.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 47 This bill aims to regulate the compensation of the PUB drivers and conductors by requiring the bus operators to grant a fixed salary and working hours. Drivers currently working more than 12 hours a day for three days a week and earns Php900 a day, for example, will receive the same income based on the minimum wage for working eight hours a day for six days a week. Under this proposed act, the drivers and conductors will get enough rest while the operators will spend almost the same amount for salaries. With the assurance of getting fixed salaries on a regular basis, the PUB drivers will no longer be pushed to compete for passengers and work beyond humane working hours.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 48 Chapter 4

Background of Bus Transport in the Philippines

In this chapter, the history of the bus transportation in the Philippines when it was still criticised for being a government monopoly will be narrated, when buses were still loved, and called love bus. Love buses seem to be loved by the people. It symbolized positive aspects of our public transport that time. It even had good OPM music playing. It was air conditioned and does not have conductors, only drivers. They also had bus stops and the bus does not stop for a person, people had to go after it. (Montemayor, 2010)

A situationer on the labor conditions of the PUB drivers will also be exposed in this chapter. The setting of the situationer is before the issuance of the DOLE department order 118-

12 series of 2012. The articles used for this chapter is Olan Giraf’s Bus System Fails from

Philippine Star, and Maria Salamat’s The Hidden Lives of Bus Drivers, Wrongly Accused as

Philippines’s Road Monsters from Bulatlat. The result of NWPCs survey on the working conditions of the PUB drivers was also used.

History of Bus Transport in the Philippines

According to Giron (1986), the Metro Manila Transit Corporation and its bus consortium leasing program have resulted in losses to the government. Metro Manila Transit Corporation was the first bus company owned by the Philippine government during the Marcos’ time. It was established in 1981 during the Iran-Iraq war but was crippled by the EDSA People Power

Revolution in 1986. It went bankrupt by 1995 but there have been transactions of selling buses in

1993. MMTC terminal in North Avenue became a shooting place of action movies because of

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 49 the stocked up buses which also became a household for some. There were 1,122 buses purchased from Europe and Japan in 1974 when the MMTC was created under Presidential

Decree 492 dated June 27, 1974. Only 340 units were running, 220 were still to be repaired which costs Php22 million at an estimate, and the rest of the 562 buses were useless. This was paid by the national government. Another importation was through the Overseas Economic

Cooperative Funds loan package from Japan in 1981. The then Transport Minister Jose Dans purchased 900 ordinary buses and 100 air-conditioned “Love” buses which was paid through a loan with the Development Bank of the Philippines and the Php200 million Oil Special Fund.

These buses were distributed to 12 companies operating in Metro Manila. Under a Lease

Purchase Agreement, it is provided that the bus consortium would pay a monthly rental to the

MMTC, and if the rentals are not paid successively for 3 months or the buses are not maintained properly, MMTC would pull out the buses after due notice. As of December 31, 1985 MMTC accumulated a loss of Php228 million.

According to Busina, the workers in the bus industry namely the drivers, conductors, mechanics, inspectors, dispatchers, and clerks are the ones making the bus operation in Metro

Manila possible, on the other hand, the stockholders of the bus consortium just inject minimal capital in the business, while the government cannot engage efficiently and effectively in the bus industry. (Giron, 1986)

Busina proposed the takeover of the ownership and management of Pasvil Liner, CBL transportation, YBL Transit, and MMTC by a stock corporation composed of employees but the government has reportedly rejected the petition. MMTC went bankrupt in 1995; some of its buses were already sold at private companies such as Elegant Shuttle Service,2 Davao Metro

2 Serves Laguna Technopark employees

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 50 Shuttle and Tomawis Transport3 in 1993. In September of the same year, its former employees formed their own companies and cooperatives. They were four, the United Workers Transport

Corporation (went bankrupt in 2008), FilCom Trans (went bankrupt in 2003), Fastrans Transport and Multi-purpose Cooperative (both went bankrupt in January 2008), and the Drivers,

Conductors, Mechanics Multi-Purpose and Transport Service Cooperative (the only surviving bus company from MMTC). (Giron, 1986)

PUB Drivers’ Working Condition Situationer Before DOLE Department Order 118-12

Every time a deadly bus accident happens, the blame always goes to the drivers even if no investigation has been conducted yet. PUB drivers are being accused as drug addicts, reckless and unruly; in short, undisciplined. But what they do not know is that bus drivers and conductors work in a severe condition imposed by the operators, which is ignored by the government. They are not even properly represented because when there are meetings, the LTFRB and LTO only calls on the operators and none from the drivers and conductors’ association.

In a study in 2003, conducted by Asian Development Bank (ADB) and Association of

Southeast Asian Nation (ASEAN), entitled “Road Safety Country Report,” they claimed that

61% of investigated traffic accidents in the Philippines in 2001 were due to the driver’s error.

According to MMDA, 10 bus accidents occurred everyday in Metro Manila in 2009, at least one in ten resulted in deaths/injuries, others in damaged vehicles. A majority of bus drivers earn on commission basis while others earn from what is left from their boundary or the rent for the vehicle. To ensure higher profits, operators impose high quotas with commission basis on newer buses while imposing the boundary system for the old dilapidated buses. The amount of boundary and the percentage of commission are determined by the operator. This forces the

3 Muslim owned company

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 51 drivers and conductors to work for longer hours just to meet the quota. The drivers prefer the new buses since old buses are hotter and more noticeable in the eyes of the traffic enforcers because it has more defects to be considered as violations. They also pay from their own pockets for the illegal exactions from the authority together with the terminal fees. Whenever the operating costs increases, the one that bears it are the bus drivers since increasing fares requires government approval. (Salamat, 2010)

In the result of the survey conducted by the DOLE-TWG (Technical Working Group) on

May 31-June 2, 2011 with a sample of 156 PUB drivers and conductors as well as 13 Human

Resources Personnel or Personnel Manager of Metro Manila bus companies the working conditions of those in public bus transport sector was looked into. They also had two or three focused group discussions with the PUB operators and drivers to verify the results of the survey.

(NWPC, 2011) The Vice Chair of the Tripartite Industrial Peace Council is from Victory Liner from whom the NWPC also got support to push for this department order, according to Atty.

Jaime. Also, there is a person from Victory Liner that is part of the TWG. The study is on private bus companies and having a person from one of these companies as part of the TWG shows a conflict in interest.

In the survey, majority were aged 30-49 years old and have reached high school. Even if they did not have any formal training on driving, aside from the defensive driving and on safety and health given to them by their employers, they acquired their skills just by observing others or self-taught. (NWPC, 2011)

Most of the PUB drivers work for more than 16 hours a day. When a PUB driver is tired, they are prone to accidents. In the survey, there are some drivers who admitted that they take energy enhancers in any form: drugs, vitamins, redbull, etc. to be able to stay awake. They

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 52 endure working in longer hours because of the quota and they are also purely on commission basis. Their commission ranges from 10% to 14%, while conductors get 5% to 9%. They have a tendency to compete with one another because of the commission basis, they do not have income security. Also, there are issues of kotong. Almost half of the respondents were not covered by

SSS, PAG-IBIG and PhilHealth. It is even reported that some bus companies have a “no- timeframe contract” which deems no job security for the bus drivers. Being a bus driver is a very stressful and tiring work, having to work all day chasing for the commission or boundary which triggers competition among buses. The driver’s fatigue contributes to their lack of alertness which makes them susceptible to accidents. There are even reports on The Journal of Human

Factors and Ergonomics Society that fatigue as cause of accidents are less reported because it has no test which can measure its presence unlike alcohol. Drivers who do not take frequent rest stops have slower reactions compared to those who break up long journeys as stated in smartmotorist.com cited in a study by National Central University, Tatung University, Taiwan.

(Salamat, 2010)

The three most common traffic violations are disregarding traffic signs, obstruction and loading/unloading in prohibited areas. The top three most common road accidents are collision, self-accidents, and hitting a pedestrian. The top three common reasons for traffic violations and/or road accidents are bad weather, swerving/overtaking other vehicles, and road sign. The incidence of traffic violations is higher among drivers 40 to 49 years old, with 15 or more years of driving experience, and those who acquired their skills through observing or self- taught.

(NWPC, 2011) According to Mr. Erickson Igual the common violations of the bus companies are underpayment and non-payment of wages and wage related benefit. DOLE has to correct this and issue them a compliance order which will command the bus company to pay back the wages.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 53 The common case with PUB drivers within the employee-employer relationship is the non-payment of minimum wage according to Atty. Jaime Garcia from NWPC. There are two jurisdictions, if the person is still employed then they shall go to the regional office of DOLE, when extracted and the claims are more than Php5,000 they shall go to NLRC. When the author asked Atty. Jaime whether who usually wins in these kinds of cases, is it the PUB drivers or the bus operators, she said that it depends in the appreciation of the one who is going to decide. In

NLRC, when someone files a case, three to five conferences are scheduled to resolve the issue.

The labor arbiter tries to know the truth while both sides present their evidences, if they are unable to resolve it, both sides must submit their position paper. The labor arbiter will then decide who looks seems to be telling the truth, according to Atty. Jaime Garcia of NWPC, “there is a human factor in this.”

In the recruitment process, the qualifications for drivers are: formal training on driving, driving experience, basic knowledge on trouble shooting, and at least high school graduate. Most companies implement a drug free workplace policy program and implement drug testing. The expenses for towing, bus repair, payment to fines and payment to claims for loss/damages generally increased from 2009-2010. (NWPC, 2011)

There are contentions from the provincial PUB operators on why must they comply when this survey was a result of a study in Manila and the frequency of accidents may not apply with provincial routes. NWPC said that their goal is public safety, if this happens in Manila, there is always a possibility that this may also happen in the provincial setting. Also, they are holders of a Certificate of Public Convenience which is a mere privilege, this is subject to conditions. Some companies even say that they were not consulted when in fact NWPC have minutes of the meeting with the attendance and their names on it, the company they are representing and their

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 54 contact details. There is another incident when the owner of Jayross said that they will get bankrupt if they implement the new DO, they only get meager profit from the buses. The DOLE regional director of NCR responded “how can you say you are earning meager amount if you were able to buy 50 new buses worth million.” The Jayross owner responded that it was on loan.

The regional director said why they would loan such a large amount of money to buy new buses if it is not profitable. These operators keep on making up excuses just to run from their responsibilities. They even filed temporary restraining order for the implementation of the department order.

The study conducted by the DOLE-TWG was done after the death of Estella “Chit”

Simbulan, a UP professor and veteran journalist, in Quezon City. According to Atty. Jaime Lyn

Garcia, MMDA Chairman Francis Tolentino called up DOLE Secretary Rosalinda Baldoz to conduct a study that will look into the working conditions of those in the bus transport sector immediately following the incident of Chit Simbulan’s death. From this study came the DOLE

DO 118-12 issuance entitled Rules and Regulations Governing the Employment and Working

Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry. Even before this, there were already efforts made to lessen the accidents involving buses such as the

MMDA’s incentivizing of bus companies who are going to hire female PUB drivers.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 55 Chapter 5

Unionism and Organization in Bus Transport

The brief history of the organizations or alliances of workers from the bus transport is discussed in this chapter. The source for its history was narrated by Ka Sandy Hachaso, chairperson of Kapatiran ng mga Anakpawis sa Bus Industry in an interview. The state of unionism in the major bus companies as well as in the bus transport industry will be tackled.

Labor Unions

Labor relations are very important in a company to ensure the rights of the workers. Its purpose is to connect the employer and the employee, and negotiate with each other since their goals are not the same. The communication between the two parties is very important so as to ensure that the employer does not exploit the workers and vice versa. But when the labor organization/s inside a company is a company union, as defined in the chapter on laws, the rights of the workers are violated and ULP is committed.

There are 36,293,000 total employed person in 2011, 40.9% of these are employed in private establishments. From the 14,843,840 employed persons in private establishments only

1,375,970 or 9.3% are unionized. The most number of recorded union members are from NCR having 30.1% while the lowest is Region IV-B with 0.3% only. There are 16,385 existing enterprise based unions. There are more union members in Independent Unions which is 744,291 out of 1,375,973 and the union membership is 54% which is more compared to Federated

Unions. There are only 1,389 existing CBAs which cover only 227,620 workers. The industry

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 56 with the most number of unions is under manufacturing with 53% of all the unions and the least is agriculture having only 6% or 942 unions. (“Enterprise Based Unions Statistics,” 2011)

Labor unions are communities which also evolve through a combination of internal and external social relations. These social relations define community allegiances. In the case of the

PUB drivers, because of their similar jobs and everyday experiences of oppression, they compose a community. Forming communities is imperative in attaining continuity, especially with fighting for their rights. Although there are alliances, there are also community differences which sometimes create hostility towards each other. In the case of this study, some of the differences are motive for more profit of the bus companies, the goal of enforcing laws of the government that are disguised as good for the employees, and the aim to have better working conditions of the PUB drivers. The capitalists aim to get as much profit as they can with the least input possible for the discipline of their workers to work and have high productivity. This is seen in the conditions for work that bus companies have set for their PUB drivers, commission basis with long working hours. This hostility from the differences sometimes ends in a confrontation which either annihilates the other community or merges them. From the perspective of the subjugated community since it can adapt to oppressive norms, the choice is either submission or resistance. (Albert 1986) Sometimes they try to resist but always end up submitting themselves to the oppressive norms. This can be seen in the Certificate of Election where the authorized bargaining unit are being voted on but when the real union wins they are side swept or sometimes maneuvered. Another example is the bus companies, they buy out other companies to eliminate competition or expand their scope.

Inside the bus companies there is a division: the owners or operators, the supervisory/managerial, and the other workers. Because of this division, which could still be

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 57 broken down into smaller communities, the labor union has to be assertive of the rights of the employees. There are three classes defined in the Liberating theory, these are the ruling class, the coordinators, and the working class. The bus operators are the ruling class because they have the potential to dominate economic decisions and monopolize the most desirable economic roles for themselves. They are dominant because they give the wages, and the existence of the yellow unions makes them even more powerful. The coordinators, on the other hand, are the management or the supervisors, and also include the middle strata employees. They seek more autonomy from capitalist supervision, they have antagonistic interests with the working class and they seek to reproduce the dependence of workers. (Albert 1986) An example of this relationship is the management prerogative. Discipline of employees for whatever reason is management prerogative. Management prerogative have a wide scope since they have the power to hire, to fire, to discipline, to pay the salaries, and to give them other benefits among others, it depends on them. But what we should always look into is if the employee consented or agreed.

The company policy also plays an important role here. (Garcia, Personal Communication, 2013)

Another example of the coordinator’s antagonistic interest is the abuse of the mechanics, inspectors and dispatchers. Mechanics tend to fix buses which are assigned to those who are friends or in good terms with them, there is favoritism. Same thing with the dispatchers, they tend to give more trips to their favourites. On the other hand, some inspectors are too strict in the issuance of tickets and accuse the conductor of cheating when he fails to issue a ticket to a passenger, even if it was an honest mistake. The last but definitely not the least is the working class where the PUB drivers are part of. They sell their labor for the highest wage they can find.

They also have little say on how their capacities will be utilized, and execute tasks conceived by others, just as how employee-employer relationship is defined in the Labor Code.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 58 State of Unionism in the Bus Transport

One of the big contributors to the severe labor conditions of the PUB drivers is the yellow unions. Unionism in the bus industry nowadays is very weak, knowing that most labor unions, especially in the major provincial bus companies, are under the influence and control of the operators. In an online interview with Ka Sandy Hachaso, he has expressed that all unions and federations are yellow if they are not under KMU or Kilusang Mayo Uno. TUCP and KMU have openly criticized each other in their websites. In Sims’ (2012) undergraduate thesis, she described Dejilas’ (1994) comparison of the KMU and TUCP. TUCP is associated with the government and branded as conservative while KMU is associated with the democratic forces.

TUCP supports political parties and candidates, and participates in electoral competition while

KMU is allied with the revolutionary political parties and national democratic movements. KMU does not believe electoral participation is the best strategy to set up revolutionary change.

Although both are aggressive and decisive, as well as active in initiating organizational positions they are different in nature. TUCP believes in the principles of capitalism and that trade unions must achieve maximum benefits from the capitalist system while KMU is anti-capitalist and anti- imperialist, and prefers confrontational and combative mass-action to factory focused method.

In the present, Ka Sandy has stated during an online interview, due to the ruthless attack of the state in the unionism of bus transport, it has been adamant. The negative experiences or decline of unionism in this industry during the 1990s to 2005 contributed to the weak state of unionism. Also, this is due to the decline in the industry which is caused by being import dependent of the inputs. The more difficult part is the non-acknowledgement of the management to the union and the bias of DOLE to the companies when there are strikes. Most of the unions nowadays are established by the operators or they talk to yellow unions or federations to create

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 59 one in their company so that the real unions will have a hard time penetrating the company.

KMU affiliated unions are careful in establishing union especially when the employees are not yet ready because when the company gets a hint that a union is being created, they remove the worker right away. They are being discreet by creating other forms of penetrating the company such as association and cooperative building but unionism is not side swept.

Unionism in the Major Bus Companies

Table 5.1 Federations of the unions in the major provincial bus companies

Bus Company Name of Union or Federation Scope of Worker’s exclusive bargaining bargaining covered representative agent Philippine Rabbit Philippine Transport and Affiliated with Trade Union Rank-and- n/a Bus Lines General Congress of the Philippines file Corporation Workers Organization (TUCP) Five Star Bus CFW Samahan ng mga Confederation of Filipino Rank-and- 1155 Company, Inc. Manggagawa sa Five Star Workers file Bus Chapter Baliwag Transit Samahang Manggagawa sa Obrero Pilipino Rank-and- 1427 Incorporated Baliwag Transit file Incorporated – Obrero Pilipino (SMBTI –OBRERO) Victory Liner Nagkakaisang Lakas ng Nagkakaisang Lakas ng Rank-and- 2543 Incorporated Manggagawa sa Victory Manggagawa (Formerly: file Liner Inc. (NLMVLI)-NLM- Union de Inpresores de KATIPUNAN Filipinas UIF-Katipunan) Source: Bureau of Labor Relations-DOLE, List of Existing Collective Bargaining Agreement; PTWGO Workers News Update, 2011

CFW ranks 16th in the top 20 federations with the most number of unions, NLM is 14th, and PTWGO is 8th. In the top 20 federations, NLM ranks 17th with the most number of members while PTGWO has the highest membership. Obrero Pilipino, on the other hand is nowhere in the top 20 federations. From the data below, the top 20 federations make up for 59% of the total federated unions. The top 20 federations with the most number of members cover 62% of the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 60 total membership of federated unions. In the federated unions, KMU affiliate/s consist only

1.44% of the top 20 federated unions and only 2.55% of the top 20 federated unions’ membership. (“Enterprise Based Unions Statistics,” 2011) This small percentage is a great contributor as to why yellow unions are prevalent.

Table 5.3 Top 20 federations with the most Table 5.2 Top 20 federations with the number of members most number of unions Federation Unions Members Federation Unions Members PTGWO 273 79,081 ALU 852 60,666 ALU 852 60,666 SUPER 433 26,595 NAFLU 297 28,564 FFW 432 28,532 FFW 432 28,532 LAKAS 359 6,568 SUPER 433 26,595 FSM 318 9,973 NFL 185 21,892 NAFLU 297 28,564 NAFLU-KMU 130 14,759 ADLO 277 9,864 ANGLO 221 13,894 PTGWO 273 79,081 AWATU 166 12,921 TUPAS 259 10,798 NLU 38 11,361 ANGLO 221 13,894 TUPAS 259 10,798 NWB 189 5,571 AGLO 118 10,577 UFS 188 2,929 FSM 318 9,973 NFL 185 21,892 ADLO 277 9,864 NLM 174 8,624 NATU 102 9,044 AWATU 166 12,921 PACIWU 98 8,764 CFW 162 5,032 NLM 174 8,624 CLOP-SOCDEM 151 2,060 NAMAWU 59 8,181 NAFLU-KMU 130 14,759 NOWM 130 7,456 NOWM 130 7,456 PLUM 37 7,202 PSSLU 126 2,748 Source: DOLE BLR Enterprise Based Unions Statistics, 2012

From the Confederation of Filipino Workers’ page, it stated that it is a national trade union federation of the Philippines. It was founded on April 15, 1986 and has around 50,000 dues-paying members, the only federation with the most number of unions in export processing zones. Its current president is an executive member of the Philippine Council of the International

Textile & Garment and Leather Workers Federation which is also a member of International

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 61 Trade Union Congress. (”Confederation of Filipino Workers,” 2010) In EPZs, a lot of the labor rights violations are committed.

PTWGO, on the other hand, was declared the sole and exclusive bargaining agent of

PRBLC on March 17, 2011. Since 2004, PTGWO has been organizing the workers in PRBL through seminars to coordinate with the workers. Different strategies were used to scrupulously study the situation to ensure the victory of the collective action. For five years PTWGO have been strong, in December of 2012, DOLE issued a decision to have certificate of election. In all terminals except Tarlac, PTWGO won by landslide. Of 321 voters, 222 voted for PGTWO while the other 74 voted for PRBEU. (PTGWO, 2011)

The Case of PRBEU

Philippine Rabbit Bus Employees Union has had strikes that paralyzed Philippine

Rabbit’s operations in 1990s and 2000s. NLM-PRBEU-Katipunan was recognized as an independent and sole union in PRBL in 1996-2001; they did not renew its certification nor filed an updated list of members and financial statements in 2002. (Quitasol, 2004) In an article by

Aldwin Quitasol of Northern Dispatch (2006), they still have unpaid back wages to collect in spite of the strikes held in 2002 and 2004, and the NLRC motion of execution issuance. The workers said that the company deceived them to sign waivers of quit claims which they can use against them to avoid the paying of their wages. The strike in 2002 was due to the non-payment of wages and benefits as well as the non-remittance of SSS monthly contributions. This lasted for

3 months which ended with the signing of a memorandum of agreement between the workers and the management on December 18, 2002. The agreement is that the management will pay back the workers. The strike in 2004 was a follow up because the company refused to implement

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 62 the MOA signed and the provisions in their CBA. This lasted for 7 months which ended again in the signing another MOA. The workers are still vigilant despite the signing of the MOA because they are still doubtful of the company’s sincerity and they believe the NLRCs decision was one sided and biased for the management. Former DOLE secretary Patricia Sto. Tomas issued a return to work order to the strikers stating that their action was illegal and destructive to national interest. Even before the strike, DOLE ordered the suspension of 270 workers suspected to join the strike. PRBL filed charges against 262 workers with the NLRC. They are trying to bust the union by not admitting to work some of its union officers because they cannot or does not want to pay up for their workers but they are continuously accepting casual workers. This union busting can be tagged as unfair labor practice but NLRC is still siding with PRBL management.

The company is in its third MOA with the promise to pay up the wages and implement the second MOA. The company still did not comply prompting the NLRC Regional Arbiter to issue a Writ of Execution, which ordered the DOLE Sheriff to seize four PRBL buses for auction. The proceeds will be given as payment to the workers. The company was able to successfully divide the workers by having regular and casual workers. Regular workers are those who have been with the PRBL since early 1990s, and have benefits. Although they have benefits and basic pay, not all mandated benefits listed in the Labor Code or the DOLE DO is given.

Unfortunately, until now the PUB drivers experience severe labor conditions in this bus company. Worse is that the labor union which fought for their wage and non-wage benefits,

PRBEU, have been defeated by its newly elected collective bargaining representative Philippine

Transport and General Workers Organization. Ka Sandy, in an online interview, interpreted the lost of the previous union as a division among the workers since not all receive benefits from the

Philippine Rabbit. The newly elected union has not yet started working and they are not yet

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 63 collecting union dues. The workers are even saying that this is held by the company, a yellow union. Some of the workers are discreet about the union inside Philippine Rabbit, the other union that was defeated, because they are planning about another strike since the company has not been true to the MOA signed.

Creation of KABISIG

KABISIG was founded only in 2007 but even before that, there were already efforts made to create an alliance of organizations in the bus transport sector. In 2003, G Liner, Don

Mariano, and Admiral, among others protested where there has been union building. A union was established in Qualitrans after the protest where employees have benefited. But then, there was a problem with the management of the officials. After they won, the management of the union failed and was eradicated. In the same year, they planned to revive BUSINA or Bus

Industry Alliance. BUSINA was an alliance in the line of transportation during the time when the bus industry was under the bus consortium leasing program of the government.

Busina, with Leonardo “Ka Ben” Perez as its treasurer, has led successful strikes against the bus companies until the early ‘90s (Soluta, 2011). After all these fights, BUSINA went out of the limelight for an unknown reason. In 2004 there was another attempt to create a new organization from the bus transport sector, they called it Pagkakaisa ng Mangagawa sa Bus

Transport or PMBT. It launched forums and all leaders meeting. In almost 12 companies they were able to pool employees and gathered the issues inside their respective companies. This aims to create an alliance of unions under the PMBT but during that time, unionism was very weak.

Bus operators contest the employee-employer relationship with PUB drivers due to their system of wage, commission basis. The bus companies insist that they are not legitimate employees of

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 64 their company and so the drivers and conductors always lose and are denied in the mediation.

There are cases such as the one in Admiral and Don Mariano Corporation of Dra. Lim where the real union4 already won the certificate of election but they were not acknowledged and it was maneuvered. All the officials in the line up of the wininng union was coerced, paid a sum of money, and removed from the company so that the true union would not be able to mingle or mess some more with the company’s unfair labor practice. After all the failed attempts to create a real union for the employees, they are still tied to the commission basis, and so the employees cannot insist on their rights when it comes to the labor standards. They are not as effective as they should be because unions are maneuvered by the management of the companies. Until now, according to Ka Sandy, he knows nothing except the PBT or Pitbull Bus Transport Corporation who has a real union inside their company. But as listed in table 5.2 and 5.3 there are at least 130 unions affiliated with KMU and can still be more than that, with at least 14,759 memberships. In

Cordillera Administrative Region, KMU is the third in rank with the most number of affiliates having 1920 members.

Those who were left from the PMBT tried to think of flexible ways on how they can penetrate the bus companies again. The ways they thought of were association building, and cooperative building, among others, to be preparatory mechanism in penetrating the bus companies for it not to be prone to the attacks of the operators. Transport forums were held, they were rising from the failed attempts and not let the failures of the past tie them down. From these tactics, dialogues will be made among the employees. These were the ways the leaders of PMBT thought to create the Kapatiran ng mga Anakpawin sa Bus Industry.

4 Real union refers to unions which are formed for the benefit of the employees and are not puppets of the management

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 65 It was conceptualized due to the idea that the issues of bus workers inside the companies are union matters but there are also issues that concern bus drivers and needed attention too outside the workplace. They created an alliance which should have other groups under it. Thus, the creation of Kapatiran ng mga Anakpawis sa Bus Industry. The primary members of this organization are bus drivers and conductors, but other minimum wage earners are also welcome to join. The focus of the organization’s advocacy is, first, to acknowledge the important role of bus drivers and conductors. Secondly, to oppose the abuse of the government in the implementation of laws which targets drivers and conductors, and tags drivers as unruly, reckless and drug addicts. This organization continues the advocacies of BUSINA, drivers should know their rights as workers and to obtain their benefits according to the law. KABISIG not only brings up local issues but sectoral issues as well.

Problems in Creating a Union

Difficulty in gathering the PUB drivers is one of the problems in creating a real union.

They have contact building for the target companies by holding forums and all leaders meeting to increase the membership.

According to Ka Sandy, CBAs only work if there is a true union is established in a company but in having a yellow union, the CBA that would prevail will be in favour of the company. Collective Bargaining Agreement do not function very well because there is no real union protecting the rights of the workers. Thus, it works the other way around, the companies are the ones benefiting from CBAs. Everyone in a capitalist society engages in market exchange which is a matter of bargaining power; those who have more power to assert may have higher pay (Albert 1986). Unfortunately, in the three classes identified, the PUB drivers who are the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 66 productive capital of the companies have the least power because of the yellow unions and fear of unemployment. The fight of the employees for social wage is suppressed by the bus companies or the capitalists in general to be able to “discipline” their workforce. Though bargaining power level depends in the strength of unionism, there are also other factors to be considered such as the skills, and social relations. Capitalists keep the focus of the employees on the intra-worker competition to prevent them from uniting and organizing themselves for effective collective action.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 67 Chapter 6

Presentation of Data and Analysis

This chapter would present the demography of the samples taken. It will also expose how the Labor Code and the DOLE DO 118-12 series of 2012 are violated by the bus companies.

Based on the provisions of the laws and interviews from DOLE: NWPC and BWC, the author will show how the government does not create humane conditions for work of PUB drivers.

Also, this chapter would show the PUB drivers’ working conditions drawing from the interviews of the PUB drivers, and an NGO, and surveys conducted.

Sampling

Table 6.1 Samples

Bus Company Number of Samples Taken Baliwag Transit Inc. 10 Pangasinan Five Star Company Inc. 10 Victory Liner Inc. 10 Philippine Rabbit 9 Total: 39

The respondents are public utility bus drivers of major provincial bus companies in the

Philippines. The number of respondents in each bus company was taken at most 10 PUB drivers each; it was only in a small number due to time constraint of the author and the busy schedule of the PUB drivers. The small number of respondents was backed up by in depth interviews with key informants.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 68 Demographics

Figure 6.1 Age Demographics 20 15 10 Age 5 0 30-39 years old 40-49 years old 50-59 years old

15 were aged 30 to 39 years old of the 39 PUB drivers surveyed, 19 were 40 to 49 years old, and only 5 were 50 to 59 years old. The youngest is 32 years old because there is an age requirement of 30 years old and a limit of 40 years old in accepting new PUB drivers, but even if there is a cut off at 40 years old, the retirement age is still at 60 years old.

Figure 6.2 Importance of age in being a PUB driver 40

20 Is age important in being a PUB driver? 0 Yes No

The top four reasons of the PUB drivers surveyed on why age is important in being a bus driver is as follow, from highest to lowest frequency:

1. There is an age limit set by the company.

2. Experience is very essential; and most of the time, experience comes with age.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 69 3. Good body resistance is imperative. One should not be too young or too old. Although

age does not necessarily show how fit for work a person is, just for standardization the

age requirement and retirement age is established.

4. When the person is young, they tend to be hasty.

5. Also, most people at this age needs to earn money because they already have a family.

On the other hand, only five of them answered that age is not important in being a PUB driver because of the following reasons:

1. Age does not matter as long as they follow the traffic rules and regulation.

2. As long as they are strong, they are still good to go.

3. As long as they are careful and patient, it is alright.

Figure 6.3 Importance of sexuality in being a PUB driver 30

20 Answer to: Is sexuality 10 important in being a PUB driver? 0 Yes No No answer

100% of the public utility bus drivers are male. It is a requirement in the bus companies studied. Most of them say that sexuality is important because of the following reasons, in descending order of frequency:

1. A provincial PUB driver has to be a male because they have stronger bodies, the steering

wheel is heavy and it is a toiling job.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 70 2. For provincial buses, the driver has to be male because of the job may require trouble

shooting in a far flung area where getting help would be impossible, female PUB drivers

would have a hard time.

3. In our society, we are used to seeing males as PUB drivers, not females.

4. Males decide immediately wherein females, change their mind most the time.

Those who said that sexuality does not matter in being a PUB driver, on the other hand reasons out that:

1. It depends on the capabilities of one person no matter the sexuality.

2. Anyone can be a PUB driver as long as the person knows how to drive.

3. For Ka Sandy, sexuality is not an issue here because of the widespread unemployment.

Memorandum Circular No. 02 series of 2011 from MMDA posts the hiring of female bus drivers. They are incentivizing those bus companies who are going to comply in the hiring of female bus drivers by exempting buses driven by female bus drivers from coverage under the unified vehicular reduction program5 of the MMDA. The statistics provided by MMDA in the said memorandum does not really speak for what it seems to imply. The disparity between accidents of female and male drivers can be due to the difference in the number of female and male numbers. Lesser females would most likely reflect lesser accidents for female drivers.

Some of the surveyed PUB drivers say that this memorandum order can only benefit those companies in the city bus operations because provincial buses travel far, having no mechanic present in the premise of a possible vehicle engine failure, the female bus driver will get a hard

5According to the MMDA memorandum circular number 03 series of 2011, the Unified Vehicular Reduction Program under MMDA Regulation No. 96-005, applies to all motor vehicles and prohibits operation in Metro Manila from 7:00 a.m. to 7:00 p.m. during the corresponding days of the week, except weekends and official public holidays, depending on the last digit of the license plate.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 71 time. Unlike being within Metro Manila, there are MMDA tow away trucks which can help distressed drivers with technical problems in the bus.

The only difference between males and females is the capability to bear children and breastfeed. But society dictates the meanings which are established in these differences. Socially related kin categories specify gender qualifications for filling the various roles. (Albert, 1986)

Just like what the PUB drivers have answered, driving buses are for males. Using the term patriarchal society in its incomprehensive sense, the bus transport or the transportation sector in general is still dominated by males.

Figure 6.4 Educational attainment of PUB drivers surveyed 20 15 10 Educational Attainment 5 0 High School Graduate College Vocational

Being a high school graduate is a requirement to be a PUB driver by the bus companies.

Most of the vocational courses the respondents have taken are the Diesel Engine Mechanic which they apply in their work as PUB drivers. Not all counted under the “college” bar in figure

3.4 have graduated college.

Only a few of them got their training to become a PUB driver formally from a driving school. Most of them got their training from the bus company when they applied. Before they are accepted in the company, they pass a lot of requirements including: clearances from RTC, NBI,

Police, and Barangay; and they undergo series of exams: written, practical, and medical. After

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 72 submitting all the requirements and passing the exams, they undergo training for 12 to 15 days or sometimes extend to as much as one month, and become an apprentice of the regular bus drivers of the company. After six months, they will be evaluated if they can be a regular bus driver already. In Pangasinan Five Star, there is a PUB driver who has been a casual bus driver for more than a year. He said that he was considered or approved to be a regular bus driver only after the third entry. Third entry meaning he had been evaluated to be a regular thrice, and each evaluation takes 6 months. This may go for a fourth entry depending if the applicant passes the evaluation. There is a provision in the Labor Code regarding the probationary employees, becoming a regular employee in six months after an evaluation, but this can be otherwise if there is an agreement between the employer and the employee before employment started.

Aside from the training they get from the company before they are accepted to work for the bus company, they also have regular seminars for their driving. According to them, the greatest trainer is their experiences as drivers. In the DOLE DO 118-12, TESDA is required to certify and assess the professional drivers focusing on their knowledge, attitude, and skills. This will be a requirement of the LTFRB in issuing a certificate of Public Convenience. When the

PUB driver meets an accident they also have to have a certification from TESDA before reporting back to work.

Most of the public utility bus drivers accidentally sampled was married. Whom one marries depend on their social status in life since people of the same class interacts more than other classes, the farther the distance in the social strata, the lesser the interactions (Albert,

1986). They are also the breadwinner and most of them are also the only ones working for the family with an average family size of 5 members (the family size is computed from the accidental sampling). Only a few have sideline business, some have sari-sari stores, direct-selling

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 73 (Avon, Sara Lee, etc.), selling of frozen goods and other goods in the wet market, loading station, among others. Some of them have a spouse working too, as teachers, volunteers in

DSWD, and bank tellers, among others.

Figure 6.5 Civil status of PUB drivers surveyed 40

20 Civil Status

0 Married Separated Single

Most of the spouses of the respondents are housewives or have part time jobs. One foundation of male domination over women is the binding of women to nurturing the household, which in turn free the males to focus on other activities which are rewarded with greater status than what the females do. In this way, their role from their household extends to the entire social division of labor. Because of the kinship institutions and relations socially established sexual needs are developed accordingly which either satisfies or frustrates. (Albert 1986) There is a repression of their potential. And this warping of human potential is asymmetrical for males and female, because there are also different angles to look at such as being young or old, lesbian and gay men, among others.

Working Conditions of PUB Drivers

The normal hours of work should not exceed 8 hours, and a maximum of 12 hours, having 4 hours considered as overtime with pay, but most of the PUB drivers work for more than

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 74 12 hours a day without overtime pay. This is confirmed by the author’s survey results and the

NWPC’s survey looking into the working conditions in the public bus transport sector last May

31 to June 3, 2011. The result of the author’s survey also attests to the long hours of work of the

39 PUB drivers surveyed having an average of 14 hours.

Figure 6.6 Number of work hours of PUB drivers 15

10

5 Number of work hours

0 8 hours 9-12 hours 13-16 hours 17-20 hours 20-24 hours

As Mr. Igual mentioned in an interview that one of the features of the DOLE DO 118-12 is that PUB drivers have a maximum of 12 hours working period. The bus companies explained that 18 hours of work doesn’t mean they are continuously driving on the road for 18 hours because they have intermittent rest periods when it is not the peak hours. Apparently, based on the response of the PUB drivers interviewed and the author’s observations while surveying for the study is that, even if the driver just arrive and have not rested yet, even if they want to rest, they are asked to line up to take a trip again. According to the Labor Code, “hours worked shall include all time which an employee is required to be on duty or to be at a prescribed workplace, and all time during which an employee is suffered or permitted to work. Also, rest periods of short duration during work hours shall be counted as hours worked.” Therefore, having 18 hours of work with intermittent rest periods is not an excuse to have work for such long periods of time even if they are not always on the road because it is still counted as hours of working.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 75 Also, according to one interview with the PUB drivers, it is true that some drivers take illegal drugs because drivers of some route almost do not sleep and drive non-stop. The long hours of work and the commission basis forces PUB drivers to endure this suffering to acquire money and keep their jobs. The most frequently experienced problem of the PUB drivers are lack of sleep, and fatigue. Having an accident is also one of the biggest problems of the PUB drivers.

The causes of accidents are due to road condition, vehicle condition, and the driver condition.

The most common causes mentioned by the PUB drivers surveyed are, in descending order: lack of sleep, fatigue, competition, driver error, and slippery road. And yet, these are the labor conditions prevalent since time immemorial.

To ensure that both parties bound by the agreement can review what they have agreed on and follow what was written and signed, both the operators and employee must have a copy of their contract, as stated in the DOLE DO. In Philippine Rabbit, some of their regular workers were converted to being casual workers and did not sign any contract. However, the author does not know if Baliwag and Victory have a copy of their contract, nor if they signed a contract.

Moreover, in Pangasinan Five Star, they sign a contract but do not get a copy of it. Even when employees in Pangasinan Five Star ask for their own documents, it is hard to get one. There is a case where a PUB driver in Pangasinan Five Star wanted to get his Certificate of Employment to avail of the loans from other cooperatives, the company rejected his request to have a copy of his certificate of employment. Even if they have their own cooperative inside the company, the cooperative choose to whom they release funds. The drivers in need of an immediate loan get it from another cooperative instead.

The different bus companies have diverse wage structures. Baliwag and Pangasinan Five

Star pays its drivers purely on a commission basis while Victory Liner gives its PUB drivers

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 76 basic pay and allowance. Philippine Rabbit have 2 types of PUB drivers, the regular ones and the casual. They also have different wage system: the regular drivers get a basic pay of Php302-316 for every round trip and commission of 1.5% if they reach the quota, while the casual drivers get

4-6% of commission if they reach the quota and only Php224 if they failed to reach the quota.

Casual drivers who get 6% are the one who cannot do a quadro or two roundtrips in a day because of the long trip. Those who get 4% have shorter trips wherein thy can do two roundtrips, the drivers under this says that their overtime pay is the other 4% commission they get during the second round trip.

Table 6.2 Wage structure

Baliwag Pangasinan Five Star Victory Liner Philippine Rabbit

Casual Regular

Commission 12% 7-7.5% 2.5-5% 4-6% 1.5% Basic None None Php300-650 None Php302-316 Allowance None Php 150 every trip* Php100-120 per day None None

*allowances are treated as cash advance of the drivers and are therefore deducted from their payslips.

Baliwag pay its employees every Friday, while Philippine Rabbit, Pangasinan Five Star and Victory Liner pay them every 15 days. In Victory Liner, allowance is dispensed every five days and the PUB driver’s commission is released every day. They also have a model employee who gets an incentive.

CASE NUMBER 1 (late payment of wages) Philippine Rabbit has been delaying the release of wages to all their workers. It has been 2 months since the employees of Philippine Rabbit last received their

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 77 wages. When the author asked the PUB drivers if this has already happened in the past, they replied unanimously that this is not the first time, and has been repeatedly occurring. Most of the time they also experience a discrepancy in their DTRs or daily time record, the recorded days they have reported to work are less than the actual days they have worked. Most of them are already suffering from too much indebtedness to other people and institutions, while some of them opt to sell properties such as their land.

Philippine Rabbit still has to settle a lot of back wages from the previous MOAs that they have signed with the PRBEU. Some of their buses are even brought up for auction by the DOLE sheriff to pay for the back wages.

In Pangasinan Five Star, when the PUB driver does not reach their quota, they only get

2% commission which is fixed for all. If they reach the quota they will also be given another 5% from the gross income less the amount of quota, see figure 6.7 for the explanation. They also get an “allowance” before they leave for each trip but this is deducted as cash advance in their payslip. This seems like Pangasinan Five Star and Victory Liner is already following the two- tiered wage system.

Figure 6.7 Pangasinan Five Star’s commission computation

The excess when quota is deducted will be the basis 30,000 for computation of the other 5% 20,000 From the Quota, 2% will be 10,000 taken 0 Total gross income

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 78 There is a new system for computing wage for the Pangasinan Five Star, shown in table

6.3. This was implemented in February 8, 2013.

Table 6.3 New Wage Scheme of Pangasinan Five Star

Gross Income Bracket How much the PUB driver will get every trip Php4,500 - Php7,500 Php200 Php7,501 – Php10,500 Php300 Php10,001 – Php13,500 Php400 Php13,501 – Php16,500 Php500 Php16,501 – Php19,500 Php600 Php19,501 – Php 22,500 Php700 Php22,500 – Php25,500 Php800 Php25,501 – Php28,500 Php900 Php28,501 – Php31,500 Php1,000 Source: PUB driver from Pangasinan Five Star

The respondent in Pangasinan Five Star said that they have quota of Php8,800, if they get

2% of that, they would get Php176. On the average, they earn Php16,000 per trip, Php16,000 minus Php8800 equals Php7200. In total, Php176 plus Php360, they would get Php536 per trip.

If they stick to the old method, they can get as much as Php536 for their average earning of

Php16,000 per trip, instead of only Php500 if they use the new scheme referring to table 6.3 but if they get Php13,501, they will get an amount less than Php500.

Those working in Philippine Rabbit get half of their commission every after trip, and the other half is dispensed every 15 days. Baliwag have condrivers or conductor-drivers for long distance trips such as Isabela, they get a 9% commission while regular conductors get 6.5%; they do not use the two tiered wage system yet.

The bus companies are the ones paying for the toll and gas. In Baliwag, they base their commission from what is left in the collection after subtracting the cost of toll from the day’s

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 79 earnings. Aside from that, Baliwag PUB drivers also have a 15% share in the gas they have consumed. Atty. Jaime said that as long as there is consent or a mutual agreement from the management and the PUB drivers, this does not violate any law.

Pangasinan Five Star has a standard oil consumption each trip. When the driver exceeds this standard, there is a possibility that the PUB driver will be blacklisted. This means they will attend seminars or can be a candidate for termination. After a month, the bus operators will compute how much oil PUB drivers have exceeded and see in the bracket if they will be blacklisted or not. One PUB driver said that he always exceeded the standard oil consumption by

14 liters. If he constantly exceeds the said standard, the bus company might be setting a standard that is too low for the actual consumption. When the author asked the reasons why does he exceed the limit, he stated that the company says it is because of too much speed but for the driver it is because they still have to pick up passengers along the streets since they are on a commission basis. They would rather exceed the oil consumption than save on oil.

Another issue complained by PUB drivers are the unjust removal of employees just because of minor cases and unjust labor practice. Workers have the right to undergo due process before being removed from work. Some of those mentioned by Ka Sandy are: those who had an accident, short in remittance even if it was compensated already, and being unable to issue a ticket to a passenger, among others. Some are unjustly removed because they are outspoken about their working conditions but others were reinstated for work due to the NLRC decision.

The companies pay for the penalties when there are violations such as smoke belching.

But if it is because of the driver, for example unloading passengers in the no unloading area, it would be taken at the PUB driver’s expense. However, when it comes to accidents, it depends on whose fault it is. There are also times when the PUB driver meets an accident which costs so

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 80 much, the management gives him a hard time returning to work. After a month of suspension, when he reports for work, they would tell him to go here and there, come back here on this day and time. This goes on and on, which would consume the PUB driver’s patience and just opt to resign. The management would pay the PUB driver an amount according to their discretion.

Since the PUB driver had an accident, the charges incurred might be deducted against his meagre pay. In turn the PUB driver will not get anything from the bus operators but debts.

CASE NUMBER 2 (accident insurance) In 2008, the PUB driver from Pangasinan Five Star met an accident in Region I. It was proven from the investigation of the police that it was not the PUB driver’s fault; it was due to the other vehicle’s driver. As an exercise of management prerogative, he was suspended for a month and the company charged the damage in his payslips. According to him, it is supposed to be the insurance that should pay for the damage. From what he knows, the insurance can pay up to Php60,000 and the others beyond this sum of money will be covered by the PUB driver and the bus operators in fifty-fifty sharing. According to Atty. Jaime Garcia, there is no law which prohibits the share of cost, as long as both parties agree and the contract is valid. In his case, the damage amounted to Php 40,000. Nothing should be charged in his payslip. Now, he is trying to claim money from the insurance but the company does not release the files he need. He kept on following it up to the management but they still do not give him the files. And so, he still cannot claim the money from the insurance company.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 81 Table 6.4 Benefits

Baliwag Pangasinan Victory Philippine Five Star Liner Rabbit Holiday pay  Rest day Overtime pay Night shift differential Service Incentive Leave    13th month pay   Paternal leave   SSS     PhilHealth     Pag-ibig    Solo parents leave N/A N/A N/A N/A Retirement pay   N/A 

The author did not include the Maternal leave, paid leave for victims of Violence

Against Women and the Children (VAWC), paid incentive leave for women who underwent surgery caused by gynecological disorders since all the provincial bus drivers in the companies studied are male.

With regards to rest day of Baliwag and Pangasinan Five Star, in one month they are entitled to one week rest. But they may opt not to take this rest and still come to work. Philippine

Rabbit PUB drivers do not get a rest day except when their regular bus is color coding and when their buses are not working properly, other than that, they are forced to work even when they are already tired and wants rest. Sometimes even when their bus are not fit to hit the road, they are forced to take their daily trip and when the bus breaks down while on the road they are scolded.

The bus companies do not follow the laws as they were written, rest days were required to ensure the full rest of the driver. Rest days are supposed to be at least once every six consecutive days of work but they are not granted such condition.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 82 Though some of the bus companies have a service incentive leave and 13th month pay, the author was not able to ask the PUB driver’s if they know how this is computed. With the

Victory Liner’s holiday pay, the PUB drivers get twice their wage during holidays if they report for work but they do not get any when they do not work on the day of the holiday. The same with

Philippine Rabbit’s service incentive leave, if they do not use it, they won’t get the compensation anymore. They also have a 13th month pay but their 2012 13th month pay is not yet released due to the negotiations happening inside the company between the invisible newly elected union and the operators.

Baliwag employees have free annual general check up every year due to the Maxicare and PhilHealth benefits they get. Pangasinan Five Star also have an on the spot medical check up during peak season and an annual medical mission wherein it depends on the PUB driver what to have the doctor check up. In Victory Liner, they have a random drug test, as well as basketball clinics, cycling activities, bowling and other sports during their anniversary. In Philippine Rabbit all they get is a drug test and they do not implement the no smoking rule in the workplace.

Some of the wage deductions from their payslip are SSS, PhilHealth, Pag-ibig, taxes, union fee, salary loan, and cash bond, among others. In the case of the casual PUB drivers in

Philippine Rabbit, they have the initiative to enrol themselves at SSS, PhilHealth and Pag-ibig fund, but only few of them do this. A PUB driver in Pangasinan Five Star is wary of his ITR not being given way before April 15 for them to be able to check if they can have refundable taxes.

The author speculates that the bus operators do this on purpose to keep them from claiming these excess taxes that they have deducted from the PUB driver’s payslip. Atty. Jaime said that excess tax deductions can be credited for the following year or refund it. But we can never be sure if the bus companies are remitting all of the tax deductions from the PUB driver’s payslip and keep the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 83 excess. However, in the case of the Philippine Rabbit they do not get to see their ITRs. This could mean that the company does not remit the taxes deducted from their wages. Moreover, there is a halt of union dues deduction in Philippine Rabbit due to the changes in the collective bargaining agent.

There are some optional insurance such as the Philam life which is also deducted in their wages if they avail of it. Accident charges are also included, aside from the fact that there is also a preventive dismissal when they caught an accident. Maxicare, on the other hand, is also deducted from the Baliwag employees. Respondents from Baliwag expressed that their Maxicare benefits were once free, but as the years go by, the employer’s share got smaller and smaller and has come to the employees paying up in full.

In SSS, there must be a certain amount to be contributed by the company aside from those being deducted from the employee. In one case mentioned by Ka Sandy, some companies do not pay up their part in the contribution. The bracket of the employee becomes lower. In the long run, when the employee uses his SSS, he will get a smaller amount of money. Some does not even remit the contributions of the employees. That is why the labor unions are really important so that the action will be collective in asserting and running after the unpaid benefits and for fighting for their rights and against the laws that do more harm than good.

CASE NUMBER 3 (non-remittance of SSS) Baliwag survey respondents complained of their SSS being remitted at a smaller amount than what was deducted from their wages. They only found out that their employer is not paying their contributions right when one of them tried to use his SSS for a loan, he was in a lower bracket. When the other employees also tried to check their accounts, most of them had lesser contributions than the necessary amount.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 84 In one case filed in the Supreme Court against the Baliwag Transit on June 4, 1981, the Social Security Commission orders the bus company to remit the premium contributions of the employee. Just like what the employees of the present Baliwag Transit management, the employees are charged amounts equivalent to the premium contributions in SSS but the company is paying the SSS a lesser amount than what it should be. (Baliwag Transit, Inc., v The Hon. Court of Appeals and Roman Martinez, 1987)

Pag-ibig fund is a mandatory deduction in the payslip of the employees. The regular workers of Philippine Rabbit do not get their Pag-ibig fund anymore because their company cancelled it. In Pangasinan Five Star, there is an incident when one PUB driver was going to use his Pag-ibig fund, unfortunately it seems like he has not been contributing for six months already but the deductions from his payslips are continuous.

CASE NUMBER 4 (unjust deduction of retirement fee) In Pangasinan Five Star, the one who pays for the retirement fee of the retirees are the current PUB drivers and employees of the company. It is automatically deducted from their payslip without their consent. This is an illegal deduction because the only deductions that are allowed without prior consent is mandatory. These are the SSS, PhilHealth, and Pag-ibig. The PUB drivers in the said bus company have not done anything about this yet. According to Atty. Jaime Garcia, paying for the retirement fee is not the responsibility of the co-employees. In addition, she also said that there can be funds for retirement, a retirement program of the company where probably a part of each employee’s earnings are retained as fund for their retirement.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 85 Also, the union releases fund for retirement fee of Php1,000 per year of service if the employee has not reached 45 years old. If he or she has reached that age, they will get a much higher retirement pay. They get this after over a year of tirelessly following up from the union. Retirement fees are important; it has to be given in full because the retiree plans his retirement fee ahead. What will happen to the retiree if he does not get the pay he needs, when there is no more work for available for those aged 60?

Labor Unions

Figure 6.8 Labor union memberships

35 30 25 Philippine Rabbit 20 Baliwag Transit Incorporated 15 Victory Liner 10 Pangasinan Five Star 5 0 Member Non-Member

All the bus companies studied have labor unions. From the sample, Pangasinan Five Star has one respondent who is not part of the labor union because he is not yet a regular employee.

Baliwag Transit, on the other hand, has one respondent who is not a member of their labor union by choice; he has been working there for three and a half years already. His reason for not joining is that their labor union does not work for the welfare of the employees and is held by the company, a yellow union. In Philippine Rabbit, it can be observed that more employees are not part of the union. When the author asked the PUB drivers in this bus company if they have an organization or union inside the company they are halved in saying that there is indeed a union,

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 86 the other half say otherwise. Some of the respondents say that there is a minimum length of service that is required to be a part of it. The author observed from the survey results from

Philippine Rabbit that only those who say they are part of the union receive some of the benefits required by the government in the Labor Code.

CASE NUMBER 5 (casual and contractual workers) In Philippine Rabbit, there are two types of PUB drivers, as mentioned in the previous parts of this paper, the regular and the casual. Regular workers are observed by the author to be in the company since the early 1990s. However, there are some employees also employed in early 1990s but are now casual, based on the interviews with them, they were converted from being regular to casual workers with no benefits and basic pay. Some of the regular workers were laid off because PRBL said they have no capacity to sustain its operations and the current number of employees but they still hire casual and contractual workers.

When it comes to the casual drivers, they do not sign any contract. However, their conductors sign a contract. This contract limits them as a contractual worker which is renewed every 5 months.

According to Atty. Jaime, each member should know the terms and conditions of their membership in the union. But it seems like not everyone is aware of this, how long the officers should stay in their position, how frequent the election should be, what are the causes and means to oust an officer, and how to fill up the vacant position, among others. They also have to pay for their union dues, there has to be an authorization for the accounting department or something of that sort in the company that his union dues can be deducted automatically from his payslip.

Then, the accounting department is the one who will forward this to the union.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 87 When the author asked Atty. Jaime how a yellow union or a pseudo union, as she named it as such, could be eliminated, she said that it is with the employees. It is more of the responsibility of the union members themselves since they joined it. The reason for having a union is because there is a management governing the employees, and they do not have the same interest. One reason for creating a yellow union could be to acquire funding for the company since they have union dues, and the more obvious reason is to repress the rights of the workers to organize to critique and fight them when they’re doing something inappropriate and unjust to its workers.

A company can have multiple unions but only one authorized collective bargaining unit.

In case of having more than one union there can be a Certificate of Election to be facilitated by the Bureau of Labor Relations wherein the winning union will be the authorized bargaining unit.

The settlement that they will be able to come into terms with the company will benefit all the employees, not only the members of the bargaining unit. Also, the bargaining authority can charge a check off since they are the ones negotiating. If they have a problem with the union, they can contact the Bureau of Labor Relations, this is also where unions have to register.

CASE NUMBER 6 (yellow union) Having a labor union inside a company is not enough to ensure the rights of the workers. Yellow unions are still prevalent in the bus industry, such as Ka Sandy listed, the Bukluran, Alu, NFL, and Henerales, among others are part of the TUCP or Trade Union Congress of the Philippines. Pangasinan Five Star’s union is named as Samahan ng mga Manggagawa ng Five Star. In 2004, Pangasinan Five Star employees already tried to create a union that favors employees, and not the management, to no avail. However, they had an election of officers, with two unions. There are DOLE representatives or election officers who facilitated the

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 88 said election. The declared winners from the Vice president to the lowest position are from the party who favors the employees. However, by an unknown force, the president who won is from the other side, the puppet or the one who favors the management.

A month after the elections, the party who favors the employees is no longer seated in their respective positions, while the past puppets who lost the election are back to their seats again. It is as if no election has happened. They have meetings as usual, that none of the other employees know of: their agenda, date, time, and venue. They spend Php18,000 in each meeting and they are not even more than 20 people having a conference. Until now, they are still the ones reigning in the union, after nine consecutive years of no election. Worse is when union officers are asked by the members about the funds of the union, they cannot show files auditing the expenses, accounting for every centavo of their union dues. The only thing they did for the employees is to ask for the management to give them their cash advances. But these sometimes also fail, there is an incident when a PUB driver asked for an emergency cash advance of Php10,000 because his niece is in the hospital, the president of the union just listed his name for cash advance since there are others in the line waiting for their cash advance too. He only got his emergency cash advance three days after. When the PUB driver got his cash advance, it was already too late for the life of his niece.

In disputes with another employee, problems with the management, or higher status, the employees do not heed help from the union because they know nothing will happen. They just keep it to themselves.

They are afraid that if they struggle to fight to have a union which would fight for their rights with them, the management will keep an eye on them and might

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 89 harm them, illegally dismissing or testing them to the limits until they resign on their own. Their greatest fear is the company’s capacity to bust the union by declaring bankruptcy. From Ihra Faith C. Magno’s article in Negros Chronicle (2012), she discussed that closure of business when the underlying motive is unjustifiable and done to evade its duty to bargain collectively is considered unfair labor practice. It would not be hard for the bus company to remove all the employees who were against them. Even if this could be considered as a ground for unfair labor practice under the Labor Code, it wouldn’t be hard for the company to just paint the buses with their sister companies’ bus line such as Cisco, Solid North, Bataan Transit, and Victory Liner, among others.

When the respondents were asked what the functions of their union are, the author noticed the trend of their answers is pertaining to processing cash advance, and other financial matters such as when they are suspended. Some of them also said that the union is the one coordinating with the legal department when it comes to the grievances of the employees but does not go the extra mile to support them.

Identification with one or more communities has important social implications.

Communities are groups of people who share a common sense of historical identities, as stated in

Liberating Theory, which derives from common culture or lifestyle developed due to proximity.

This is more than class, sex, or age. Labor union is one kind of community that is important in asserting rights and collective bargaining agreement, but PUB drivers are part of a bigger picture.

They, together with the bus companies, are part of the bus transport industry. Also, they are part of the workforce and many other communities. They are in a community sphere, a network of all communities and their intra- and interrelations. (Albert 1986)

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 90 Enforcement of the DOLE DO 118-12 Series of 2012

According to Mr. Igual, the provision of the DOLE DO 118-12 series of 2012 is enough to protect the labor rights of the PUB drivers, especially when it comes to the hours of work.

However, compliance is very low as the author has observed and based on the surveys and interviews conducted.

In the enforcement, Mr. Igual said that he has no definite data which can conclude that there has been an improvement in lessening the rate of accidents. What he said, he can assure is that the working time and days of PUB drivers is now different compared to the time when

DOLE DO 118-12 was not yet implemented. Also, according to him, it has a specific provision for the health and safety of workers which emphasizes a drug-free and no smoking workplace, programs on HIV-AIDS and sexual harassment. Reviewing the DOLE DO, these health provisions are not really required and have no implementing rules and regulations as well as sanctions for those who will not follow.

This DOLE DO had its first signing anniversary last January 13, 2013. According to

Atty. Jaime Garcia, they have to give it sufficient time that is why this 2013, NWPC is programmed to assess the DO. They are still proposing how it should go, but most probably they will go back to the bus companies such as what they did before its implementation to check on the status of the compliance. If they see that the companies are still uncertain and having a hard time implementing the DO, NWPC will give the bus companies technical assistance. This year they will see if this has been a matter of paper compliance only to be able to renew their franchise or are they seriously implementing the DO.

NWPC is not rushing the bus operators because when NWPC issued this DO it is liberally construed as section 1 of Rule IX stated. “In the first six months but not later than one

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 91 year from the effectivity of this Rules, the provisions herein stated shall be liberally construed to enable compliance by the public utility bus companies.” It just seemed like the operators are being rushed because of the LTFRB’s Memorandum which stated that on or before July 30, 2012 they should have submitted their Labor Standards Compliance Certificate or LSCC. DOLE on the other hand has set the deadline to March 15, 2013, as said in an article by Kris Bayos dated

July 30, 2012 in Manila Bulletin entitled Bus Firms Confused Over Deadlines. DOLE has envisioned it as a continuing process, it is liberally construed because DOLE will help over the transition period. But LTFRB is firm in its deadline since they have already given them ample time to adopt the new compensation scheme, bus companies’ failure to comply with LTFRB face a possible cancellation of its franchise. (Franchise is renewable every five years.) They will also send show cause orders to explain why their franchise should not be cancelled. (Bayos, 2012) In having the DO liberally construed, there is no strict interpretation of the rules, this will give way for the bus companies to decide on how to implement the DO, which would be in favor of them.

Another disturbing provision of the DOLE DO is the two tiered wage system because it would depend on the bus operators how they will compute the performance based wage.

In the implementation of the two-tiered wage system in the bus companies, how much the fixed cost should be was not agreed mutually between the operators and the drivers. This even give the companies a lenient environment where they can choose to abuse the milking cows further since it is in the discretion of the company to manipulate or restructure the wage system.

This was explained in the chapter on laws, the pitfalls of the two tiered wage system. With a new law come new forms of cheating.

Even the bus industry is in the brink of contractualization. According to Ka Sandy, AC

Trans and some other bus companies have been giving three months contract to its PUB drivers.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 92 They are asking the PUB drivers to sign the three month contract even if they have been there for a long time, if the employee does not sign, the company will not give him duty. The DO remains written in paper but is not implemented fully. The bus companies, the ones with the capital make sure they will not lose money by basing the wages to commission. This way they can ensure that the PUB drivers are not in lax mode.

The laws define not only the political roles of the government, the bus operators and the employees, but also govern the economic system. It does not only distributes the governmental decision making power but also brings consciousness to the people’s minds to explore and restrict the possibilities of their capacities. (Albert, 1986) Also, laws were supposed to protect the rights of its citizens but in this case the DO aggravates the situation.

Problems of PUB Drivers

Their most frequently experienced problems of PUB drivers are lack of sleep, and fatigue which contributes greatly to road accidents aside from competition, driver’s error and slippery road. They have problems with their superiors who are abusive of their powers too, especially with the twisted reports from inspectors, dispatchers who don’t give a fair route or number of trips to the PUB driver, and some stubborn mechanics who does not fix their bus right away without bribery. The hostility of the employees tends to be towards the coordinator class or those from the middle strata since they interact with the coordinators more than the capitalists. The nature of the job of the coordinators is usually to check on the working class and it is inevitable that they accost the PUB drivers.

Another usual problem PUB drivers have is with regard to finances even if 8 out of the

39 surveyed said that their earnings are still not enough. The answer to the question: Is your

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 93 wage enough to sustain your family? is taken at different perspectives. Even if more PUB drivers said that their wage is enough, it could also mean than they are stretching their budget to meet their needs, sometimes at the expense of their nutrition and health. Some even sacrifices their appliances, and even worse is selling of their precious land.

They do not get the benefits they should be getting. They have a problem with the non- remittance of the bus companies of their contributions, illegal deductions, and the yellow unions too. Some even have lower back pains due to long drives, traffic, and stress from complaining passengers.

Truly, the PUB drivers suffer a severe labor condition under the bus operators and the repressive laws implemented by the government. The laws which were created to protect the workers are used against them to protect the profits of the employers.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 94 Chapter 7

Conclusion and Recommendation

Despite the severe labor conditions PUB drivers experience, they still continue to endure hardships for their families. The inefficiencies of the government, the prevalence of yellow unions, and the drive of greed for profit of bus companies make justice and humane working conditions elusive to PUB drivers. In this chapter, the author sums up the results of the study and recommends possible solutions to the transportation sector and the severe labor conditions of

PUB drivers.

Conclusion

This study aimed to look at the current labor conditions of the PUB drivers in the three major provincial bus companies in the Philippines using the Liberating theory as its lens. It will never be a comprehensive view of the society if we ignore some of the important factors and only focus on one or two as monists and pluralists do.

In its community aspect, it is observed that the diverse roles of the government, the PUB companies, and the PUB drivers together with the labor unions have different goals. The author has observed the state of unionism in the bus transport industry is very weak. The prevailing yellow unions weaken the bargaining power of the PUB drivers in general. Their oppressive conditions for work are aggravated by the DOLE DO 118-12 series of 2012.

In its kinship sphere, sexuality and age are tackled from the point of view of the PUB drivers. Driving has been a customary duty of the males in our society. Age is very important in being a driver, aside from the fact the fact that there is a certain age limit in acquiring a driver’s

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 95 license. Maturity is also looked upon, the PUB companies requiring at least 30 to 40 years old age limit in accepting applicants. It is by the PUB drivers premised that the general trend is the younger the driver, the more aggressive in the road; while the older the PUB driver, have more experience and careful.

Economically, the author saw how the PUB drivers are being paid, through commission.

They earn more than the minimum wage earners. When the author asked the respondents if their wages are enough for their family, 79% responded that they have enough. In saying that they have enough, it may mean that they stretch their budget to the extent that even health has to be compromised in working longer hours and almost no rest. Drawing from this we can say that they are paid equal, if not more than the living or subsistence wage. But in receiving such compensation, they are pushed to work for inhumanely longer periods of time which make them susceptible to accidents. Another issue equated with accidents is receiving their wages on a commission basis. The PUB drivers in hope of a higher pay will work extra hard to get more passengers sometimes even competing with the other buses. Capitalists only give them 7-12% of the profit even if PUB drivers were the productive capital of the company; their wage also has illegal deductions and unremitted SSS and Pag-ibig fund contributions as well as their questionable taxes.

The stakeholders are one in their definition of what the working conditions of the PUB drivers should be. But then the efficiency of creation and the implementing of the labor laws are problematic.

Also, the hypothesis was verified by the author. From the results of the surveys and interviews as presented in previous chapters, the bargaining power of the PUB drivers is low or none at all. The yellow unions and the type of laws implemented do not really answer for what

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 96 the PUB drivers’ need. Their labor conditions are severe, having to work for more than 12 hours in an accident prone type of job. They do not get their benefits as stated in the Labor Code and the DO. They are charged illegal deductions and their contributions are not remitted in SSS and

Pag-ibig fund; even their taxes are questionable.

There were questions posed from the first chapter pertaining to the current labor conditions of PUB drivers, how the government help them, and the state of unionism in the bus industry. First, severe working conditions of the PUB drivers are linked to the high accident rate of the PUB drivers. Second, the DO is implemented by the DOLE in order to answer for the high accident rate of the PUB drivers. The author was not able to get statistics from MMDA where the comparison of the bus accident rates in 2011 and 2012 can be made because the 2012 version of the MMARAS is still unavailable. The two-tiered wage system or the implementation of the

DOLE DO 118-12 is the government’s answer to the severe labor conditions of the PUB drivers but it seems like the two tiered wage system favors the bus operators than it does for the PUB drivers. Also, the enforcement of the DO is weak, especially in following the mandated 8-12 hours of work and the granting of the benefits. Lastly, the state of unionism is very weak in the bus transport sector. Several unfair labor practices are committed by the bus operators but still remain exploiting the workers. The prevalence of company unions makes this even worse.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 97 Recommendations

The Philippines have been serving band aid solutions to the problems our country has been facing even in the transportation sector. The bigger problems which lie beneath are side swept.

The recommendations of the author for the government, the PUB companies and drivers will be discussed in the following paragraphs.

First, the ticketing system when there is a violation must be uniform for all local government units and the MMDA. The varied tickets issued by the MMDA, local government and other units assigned to regulate traffic makes the consolidation hard and incomplete, and can also make a room for more corruption since it will not be checked by the rightful authority.

Having a consolidated statistics would give the public as well as the government officials a bird’s eye view of what the real conditions in the road for sound policy making.

Second, transportation should be nationalized, the one managing the transport sector must not be private companies because the operation should be public. Third, the country needs fewer cars but a mode of transportation which can transport more people. There is an international organization known as Japan International Cooperation Agency primarily which focuses on the infrastructuture development in sending us Official Development Aid which has conditionalities that would benefit the donor country more than the recipient. They give Philippines development aid to create bridges and roads but the contractor, technology and the consultant must come from the donor country. They are still extorting profit from what they have given the country as loan.

Also, the purpose of JICA is to protect and help their key industry, production and exportation of cars. Building roads and bridges would be a better choice. But we should improve on our mass transport system instead of creating new networks of roads.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 98 Fourth, the PUB drivers who will be displaced on the creation of a better mass transit system mentioned in the previously must be given livelihood programs to sustain their families.

Fifth, while the improvement on the mass transit system is ongoing, the labor conditions of the

PUB drivers must be taken care of. House Bill 3370 should be passed to grant a just and humane working condition for bus drivers and conductors and to ensure the safety of the citizenry from vehicular accidents and traffic problems.

Sixth is the passage of the House Bill 4317 which seeks to repeal the Oil Deregulation

Law. The government should have a direct control over the price of oil. Seventh, aside from oil, other inputs in the transport industry must also be controlled by the government. The cost of getting a franchise must also be lessened as well as the driver’s license but the government agencies concerned must ensure and be strict in issuing these.

Eight, another major concern of the PUB drivers is the security of tenure because of the burgeoning contractualization even in bus transport. Their security of tenure shall not only remain written but enforced. Ninth, the implementation of the laws must be closely looked into and the sanctions for the bus companies must not be a cancellation of the franchise because the ones really affected by this are the PUB drivers and their families.

Tenth, there should always be consultations with the stakeholders, most especially the drivers, before implementing policies. Bottom up approach works well because those who experience it daily knows what the really root of the problem is. In turn they would know the appropriate action to take, not just band aid solutions.

Lastly, PUB drivers should create a union that is in favour of them, one which will protect their rights. They shall educate themselves of their rights and fight for it. In the end, this is not their family’s security, and the efficiency of the government, among many others.

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Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 103 Appendix A: NWPC Survey Result

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 104

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 105 Appendix B: Survey Questionnaire Isang mapagpalayang araw po sa inyo! Ako po Mayrooon po ba kayong training para si Farida Bianca P. Velicaria, kasalukuyang nasa maging drayber ng bus? ika-apat na taon sa kursong Araling Panlipunan  Mayroon mula sa Unibersidad ng Pilipinas Manila. Para  Wala po sa aking pagtatapos, gumagawa po ako ng Ikaw ba ang tagapagtaguyod ng pamilya? thesis ukol sa kondisyon sa trabaho ng mga  Oo tsuper ng bus sa tatlong pinakamalalaking  Hindi kumpanya ng bus sa Pilipinas. Hinihingi ko po Gaano katagal na nagtatrabaho sa kumpanya?__ ang inyong tulong at kooperasyon sa pagsagot  Regular ng aking sarbey upang maging makabuluhan at  Casual makatotohan ang basehan ng aking thesis.  Makakaasa po kayo sa pagiging kompidensyal Iba pa______ng mga impormasyong inyong ibabahagi sa akin Paano po kayo natanggap sa kumpanya para at gagamitin para lamang po sa aking maging drayber?______pananaliksik. Ang partisipasyon sa sarbey na ito Gaano kahaba ang oras ng trabaho?_____ ay boluntaryo at hindi sapilitan. Magkano ang sahod sa isang araw?  Di lalampas ng Php500 Pirma ng sumagot ______ Php501 - Php1000 Petsa ng pagsagot ______ Php1001-Php5000  Php5000-Php10,000 Personal na Impormasyon  Php10,001 pataas Pangalan (maaring hindi ilagay): Tuwing kailan ibinibigay ang sahod? ______ Araw araw Edad:_____  Kada isang lingo Importante po ba ang edad sa pagiging  Kada 15 araw bus driver? Sino ang nagbabayad ng toll?  Oo  Drayber ng bus  Hindi  Kumpanya ng bus Bakit?______ Iba pa______Kasarian: Sino ang nagbabayad ng gas?  Lalaki  Drayber ng bus  Babae  Kumpanya ng bus Importante ba ang kasarian sa pagiging  Iba pa______bus driver? Sino ang may pananagutan sa bayarin  Oo kapag may aksidente?  Hindi  Drayber ng bus Bakit?______ Kumpanya ng bus Ilan ang bilang ng myembro ng pamilya:__  Iba pa______Estado sibil: Sino ang magbabayad pag may traffic violation  Walang asawa (gaya ng di pagsusuot ng seat belt o na-tow)?  May asawa / Live-in  Drayber ng bus  Hiwalay / balo  Kumpanya ng bus Ano ang pinakamataas na antas ng  Iba pa______edukasyon na naabot? Sino ang magbabayad kapag may violation sa  Elementary clean air act?  Highschool  Drayber ng bus  College  Kumpanya ng bus  Vocational  Iba pa______

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 106 Ano ang mga dahilan kung bakit nagkakaroon Mayroon bang programang pangkalusugan ba ng aksidente ang mga drayber ng bus? ang kumapnya para sa inyo? ______ Mayroon Ipaliwanag ang sistema ng pasahod.  Wala ______Ano ano ang kadalasang problema o isyu na Ano ang ibang pinagkakakitaan?______inyong nararanasan sa inyong trabaho? Magkano ang kita sa buong buwan? ______ Php501 - Php1000 May organisasyon o unyon ba sa inyong  Php1001-Php3000 pinagtatrabahuhan?  Php3001-Php5000  Mayroon  Php5000-Php8,000  Wala  Php8,000-Php10,000 Kung mayroon, myembro po ba kayo nito?  Php10,001 pataas  Oo Ano ang kinakaltas ba sa sahod?  Hindi  SSS/GSIS Ano ano ang mga aktibidad/ginagawa nito?  PAG-IBIG Fund ______ PhilHealth Kung wala, sasali po ba kayo dito kung sakaling  Income tax magkaroon ng unyon?  Iba pa______ Oo Sapat ba ang sweldong tinatanggap na sweldo  Hindi para sa mga pangangailangan?  Di-sapat

 Sapat  Sobra pa Ano-ano po ang mga benepisyo/sahod na nakukuha ninyo?  13th month pay  Rest day/day-off  Overtime pay

 Premium pay (dagdag na bayad sa trabaho sa rest day/special day)  Holiday pay  Night shift differential  Service incentive leave

 Paternity/maternity

leave/paternal leave for solo parents  SSS  Medicare/Philhealth  PAG-IBIG Fund  atbp. ano ano ito?______

kung babae,

 VAWC victims leave  Gynaecological disorders leave para sa sumailalim sa operasyon

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 107 Appendix C: Interview Transcriptions DOLE INTERVIEW Interviewee: Erickson Igual Interviewer: Farida Bianca Velicaria Venue: DOLE-BWC office Date: January 7, 2013 Time: 11:30am

1. What are the laws implemented by the agency in relation to the public utility bus drivers?

Actually, lahat nung batas which is incorporated dyan sa labor code including mga wage offer is still implemented [by the] or enforced by the Department of Labor and Employment particularly yung mga regional offices natin. Ibig sabihin nito, kung ano yung prevailing wage rate. However dito sa public utility bus drivers ang process dito is dalawa, either yung wage na fixed na payment, ibig sabihin yung merong hourly rate or daily rate or monthly rate nila. However ang common practices dito sa public utility bus drivers is on a commission basis particularly nagdedepende sila sa per day percentage nila on each net or gross income nila for the day kaya dun nag-eevolve yun. Ngayon kung makikita mo sa payment of wages kung daily paid sila or fixed na sinasabi based on the department order dapat sumusunod sila sa minimum na 8 hour, tapos kung mayroong mga in excess of that, dapat merong mga overtime, wage related benefits holiday pay however the completion (inaudible)

2. What are the common violations to these laws?

Ngayon ano bang mga pwedeng violations dito, therefore inaddress yan nung department order No. 118 which is primarily magroon ng two tier ang payment scheme para dun sa driver. Ibig sabihin ng two tier isa ng fixed part, it should not be less than the minimum and the performance based which is based on the income of the company during a specified period or day at may safety performance yung driver para merong reward system, however it will ensure yung meron silang take home pay dun sa minimum.

So yung mga common violations nito which is pertaining dun sa mga underpayment and non-payment of wages and wage related benefit may mga nakitang ganyan however itinama ito. Otherwise iissue-han sila ng compliance order, commanding them to pay the back wages (inaudible), so isang feature noong department order 118-12 is imposing a maximun of 12 hours working period for the driver. According to our research study or survey, yung mga driver works at least mga yung lengths na nasa kalsada sila. However, yung bus company nag-explain naman na hindi naman na ibig sabihin nila 18 hours sila na continuous driving because meron silang mga intermittent na pahinga kung hindi peak hours ang period nung driving nila.

3. Are these laws enough to protect the labor rights of the PUB drivers?

So, sa question number 3 kung enough ba yung laws to protect them, definitely yung 18-A na-address yung protection ng mga drivers ensuring na ang maximum working hours nila is 12 hours, very specific yung provision doon.

4. Before the implementation of the DOLE Department Order No. 118-12 series of 2012 (working conditions of PUB drivers and conductors), what was the public utility bus drivers’ labor condition?

Ngayon, ano ba ang before nga ng implementation nitong DO, ito yung nakikita ng department na concern para maprotektahan yung well-being ng mga driver. It is kapag pagod ka, prone ka sa mga accident. So ang isa pang tiningnan dyan is kung on a commission basis at base doon sa road pay or income nung bus, may tendency sila na mag-unahan sila dun sa passengers which we can say could nagcocontribute doon sa accidents kaya binigyan ng part fixed tsaka yung performance based. It is either yung based dun sa income, and yung component of performance din tsaka yung sa safety performance. Yung example dyan, kunwari during the computation ng part performance based sa computation ng wages, ineemphasize yung safety, sinasabi yung mga employer bus company na lawyer na magdevise sila ng scheme para mabigyan ng compensation yung safety aspect ng pagmamaneho kaya sa computaion kunwari sa isang buwan kung wala kang meron kang corresponding additional compensation kung meron kang isa, parang pro-rata yung compensation scheme

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 108

5. What are the problems/issues usually faced by the government agency in implementing these laws?

So yung mga problems and issue dito faced by government agency, ito naaddress ito ng memorandum circular number 1 ng LTFRB na dated 2012 na only those companies which will abide by Department order No. 118 yun lang ang maiissue-han ng labor compliance certificate namin and eventually yung labor compliance certificate will be a requirement for the issuance of a franchise or renewal of the franchise kaya yun yung scheme ng LTFRB to ensure compliance with the department order saka yung memorandum circular ng LTFRB.

6. Have seen any changes in the since the implementation of the new department order?

Syempre itong bago in relation doon sa relative doon sa accidents, wala akong definite data na makakapagsabi na conclusive data na makapagsasabi na nag-improve yung rate ng accidents, bumaba dahil dun sa wage scheme what we can say is if the bus companies including yung mga bus conductors sa pagtatrabaho lang ng 12 hour maeensure natin na they are well rested unlike before na talagang sinisikap nila na magtrabaho ng longer period para makakuha sila ng much higher compensation dahil on a commission basis sila saka yung initial na mga interview when it comes to… meron kaming intial na masgusto nila yung compensation scheme na two-tierred na meron talaga sila na guarantee kasi yung mga set-up kasi ng work schedule ng mga bus driver dati kung magtrabaho ng 16 hours kaya yung working day nila in a week hindi naman masasabi natin na tuloy tuloy kasi working on a seven day work week in a week kaya yun ang pagbabago saka lahat nun, yung specific na inaddress pa rin nun yung service leave considering na nagbuo ng [DO 118-12] merong specific provision on the health and safety ng workers specially yung inemphasize doon yung drug-free workplace, (inaudible), smoking, yung HIV, sexual harrassment incorporated doon.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 109 NWPC INTERVIEW Interviewee: Atty. Jaime Interviewer: Farida Bianca Velicaria Venue: NWPC office Date: January 16, 2013 Time: 2:30pm

AJ: Atty. Jaime Garcia BV: Farida Bianca Velicaria

BV: Meron din po yung sa retirement. Nakita ko po yung payslip nung isang taga dun sa Pangasinan Five Star, may nakasulat dun na pangalan. Tinanong ko po kung bakit merong pangalan dito. Sabi po nila, pangalan daw po iyon ng isa sa mga nagretire na kasamahan nila. Tinanong ko po, bakit po merong bawas sa inyo? Sabi po niya, iyon daw po yung retirement fee nung nagretire po. Sa payslip po nila naka-charge yung retirement fee, mga tig-200 po ata sila

AJ: So parang yung lumalabas, sila yung nagbabayad ng retirement? Mali yun. Pero actually mali yun kasi, unang una dapat, para magkaroon ng pondo for retirement, dapat merong retirement program yung company na probably part of their earnings ire-retain nila as fund for their retirement kasi ganun yung mga pwede nilang gawin. Pero yung icha-charge mo sa employees, it is not the responsibility of the co-employees to answer it. Yun pwede ma-observe yun as illegal deduction kasi diba pag deduction, tatlo lang naman yung allowed ng law without the consent ng employee, yun yung mga mandatory like SSS, PhilHealth and PAG-IBIG. Unless, nag-consent sila. Ayun sana naitanong mo yun, nagconsent ba sila na ikakaltas sa kanila yun, kasi if they consented pwede.

BV: Actually yun din po yung nirereklamo nila, nung tinanong ko po sila kung bakit sa inyo kinakaltas, sabi nila yan din ang tanong namin.

AJ: Actually hindi dapat, unless nga lang merong policy to which they have agreed pagpasok nila na “meron kaming retirement fund na kinukuha” walang problema pag ganun. Pero if they did not consent to it, bawal.

BV: Meron po sa kanilang binabawas po, cash bond po. Yun po yata yung dapat for retirement?

AJ: For any damages. Kasi usually ang cash bond, kinakaltas din yan sa mga hotels and restaurant to answer for any breakage, yung mga ganun. Pero may guidelines tayo dyan eh, kung kelan ka lang pwede magkalatas ng cash bond and kung magkano, may limit yun. Pero valid sya kaya lang may mga certain conditions tayo.

BV: Tapos po, may refundable tax po sila? Yung mga ordinary workers po?

AJ: Refundable, baka nasobrahan yung kinaltas sa kanila. Kasi diba minimum wage earners, exempted sila sa income tax pero kahit naman samin din, possible kasi math yan. Possible din na error in the computation. So pagdating ng Income Tax Return every April 15, nire-recompute naman kasi yan ng BIR. So, pwede ka magkaroon ng refundable kung based sa magiging computation ng BIR nasobrahan yung kaltas sayo. Pero pag nasobrahan kasi yung kaltas sayo, dalawa yung pwede mangyari, either i-credit na lang nila yan as tax mo for the next filing or ire- refund sayo. Pero actually kung employed ka, yung company na usually yung ang nagdadala, sila na yung nagfa-file na para sa employee.

BV: Sa union po, okay lang po na may binabawas po sa sweldo nila?

AJ: As union dues, oo. Basta alam nila kung magkano na before sila naging member ng union, alam nila naichcharge yung union dues.

BV: Dun po talaga nakasulat sa payslip po yun? Hindi po sila yung voluntary na magbibigay?

AJ: Hindi, kasi pag nagmember ka kasi sa isang union, bound ka by the rules of the union. So kaya dapat alam nila yung terms and conditions ng membership nila dun sa union so dun sa terms ng union, sinasabi na pag naging

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 110 member ka kailangan mong magbayad ng monthly union dues mo na 50 pesos yun, tsaka meron dapat pinipirmahan ang employee na authorization for the payroll department or accounting department na ikaltas na yung union dues. So there’s parang memorandum of understanding between yung union tsaka si accounting na sasabihin ni union na naging member ko si ganito eto yung authority nya na ikakaltas na. So kapag kinaltas ni accounting, automatic naman si accounting, ifforward nya kay union.

BV: Alam nyo po yung yellow union po? Yung hawak po sya ng company. So hindi po totoong union.

AJ: So parang pseudo-union sya?

BV: Opo. Paano po nasusugpo yung mga ganun kasi hindi po napoprotektahan yung mga rights?

AJ: Well, actually, it’s with the employees. Yung members ng union mismo or pwede rin yung non-members. Pero it’s more of, yung responsibility ng union members kasi diba kaya ka nga sila sumali sa union. Kaya nga merong union, merong management, na usually yung interest nila is not the same diba? Hindi pareho, so kumbaga dapat as a union member responsibility mong tingnan “yung union ko ba is tuta ng management” kasi if ganyan yan, if pseudo union sya na ginawa lang sya ng company kasi, hindi ko sure lang kasi kung pwede sya gamitin as a tax shield kasi merong mga deductible items from the gross income na pwede mo kasing palabasing expense, business expense kasi diba the lesser yung dinedeclare mo nang income, the lesser din yung bumababa din yung impact ng tax sayo. So di ko lang sure kung bakit nagkakaroon ng mga pseudo union kasi pwede scheme sya ng company to acquire funding kasi kung meron ngang union dues and everything. Pero yun nga, as a union member, dapat ikaw yung nakakaalam if ito bang union na ito ay nakaktulong sa amin kasi kung hindi wala namang limit as to the number of unions in a company. Magkakaroon lang ng authorized bargaining unit pero dun pumapasok yung halimbawa may pseudo union, merong union member na alerto, uy, hindi ito totoong union kasi hindi kami natutulungan, magtatayo ako ng bago. Assuming na valid yung union nya, meaning puro rank and file lang kasi bawal ang union na puro membership ng rank and file at saka managerial or supervisorial dapat magkahiwalay yan. Halimbawa, both of them are representing rank and file employees saka papasok yung process na certification election na magbobotohan kung sino ba yung proper na bargaining unit so if they win, etong totoong union, sila ngayon ang pwede lang makipagusap sa management for benefits ng employess, but yung benefits namakukuha nila will benefit all kasi sila lang yung, yung union nila yung naging bargaining unit but the benefit goes to all rank and file. Pero pwede sila magcharge ng check off, parang PF ba na ako nakipagnegotiate bigyan mo ko ng 10%, it’s valid.

BV: Kasi po ang nagiging problema naman po nila dun ay parang nagkakroon po ng illegal dismissal.

AJ: Oo, union busting. Pero yan pwede nila i-correct kasi union busting is considered as an unfair labor practice. Strikable yun, malaki kasi yung interplay ng labor relations sa unionism kasi parang maraming i-commit na unfair labor practice ang company so strikeable issue yun pero si union di naman sya pwede right away magdeclare ng strike in the same way na si employer hindi rin sya pwedeng magdeclare ng work stoppage, ng lock-out. May prosesong sinusunod.

BV: Pero kasi po feeling ko nagiging voiceless po sila in a way kasi di po nila alam kung saan sila lalapit or wala silang malalapitan na feeling po nila mapagkakatiwalaan nila.

AJ: BLR, Bureau of Labor Relations. Office din sya, it’s a bureau under ng Department of Labor na kung legitimate ka nga na labor union, dapat kayong magregister sa kanila. So yun they also keep a monitor. Tapos ang alam ko, meron din namang process ng intra- tsaka inter-union disputes. Pag inter union nasa by laws yan, pag intra I’m not quite sure sa mandate ng BLR but I think BLR can mediate yung problema nila.

BV: Pwede po pala silang gumawa ng sarili nila kung di sila sang-ayon dun sa isa?

AJ: Oo, BLR and I think to some extent nagfafacilitate din ng certification election. Yung election between or among union ang regional offices pwede.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 111 BV: Meron po kasi dun sa Baliwag, sa loob daw po ng union nila hindi daw po sila yung nag-eelect. Yung company daw po yung nag-aassign kung sino po yung magiging president ng union.

AJ: Bawal yun kasi ang election ng office, ang first check ng officers ay nasa by laws, pero nasa by laws din nila dapat kung gaano katagal yung term ng officers, how frequent yung election, ano yung means na o yung mga causes para matanggal tong officers na to, kung pano ifi-fill up yung mga vacancy, yun yung mga details na yun dapat napupunuan dapat ng by laws nila parang company policy. May gap dapat meron kang existing na company policy para i-fill up yung gap na yun.

BV: Kasi diba po field personnel po yung mga bus drivers po, ano pong ibang mga provisions po na nag-aapply po sa kanila kasi diba po sa labor code karamihan po dun

AJ: May Supreme Court decision. Kasi diba sabi sa labor code, book three, labor standards. Meron dun mga di covered, one of them is yun field personnel. Pero di kasi tumitigil sa field personnel yun eh. Field personnel, whose number of working hours can not be determined with certainty. Ibig sabihin, hindi kayang bilangin, halimbawa, ang isang sales agent ng soft drinks company. I know of some people na quota kasi sila, ang basis nila ay quota basta makabenta ka ng 5000 cases in one day walang problema. So ano ginagawa ng iba, nagta-time in lang sila and then they are free to go, basta pag nag-audit tayo or nagremit ka pasok ka dun sa quota mo na 5000, field personnel. Hindi ko madetermine kasi ako pwedeng fieled personnel, maboka ako, nag-time in ako ng 7, 8 o’clock may nabenta na akong 5000 na case, im free. Field personnel ako, so si company have no way of telling, ilang hours ba yung tinrabaho ko para ma-reach ko yung quota ko kasi ang nire-require lang sa akin ay 5000 na quota. Ang bus driver, meron nang supreme court decision dyan. Hindi ko lang kabisado yung title but there is already a supreme court decision stating that bus drivers are not field personnel, so covered sila ng labor standards. Bakit sila hindi field personnel? Kasi may mga inspector, diba na sumasampa sa bus, and these inspectors, I think, yung basa ko sa process nila, they are prompted na itong si bus A umalis sa terminal ng ganitong oras. So kung ako nakaabang somewhere along the highway matatantsa ko yung oras. So alam ko na they are working during those hours, at tsaka meron namang mga break period diba, declared naman yan tsaka given naman yan, tsaka makikita mo naman yan kung on the way sa Baguio, makikita mo naman yan na may mga official bus stop pa yan “Victory Liner official bus stop” so dun talaga tumitigil, so nalalaman talaga. Meron, may supreme court order. Yung annotation, alam ko nasa Labor Code kay Azucena na book. May bago kasi syang edition 2010 or 2011edition, naandun na, hindi ko lang sigurado, parang naandun na, nasa discussion na sa start lang ng book three kasi yung start ng book three ay yung coverage, pagdating sa discussion ng field personnel, dun ini-stress nya na hindi field personnel, hindi lang field personnel, field personnel whose number of working hours cannot be determined with certainty tapos kasama dun sa isa sa mga cases na sini-site nya dun is bus drivers and conductors kasi nga issue din yan naming nung nagcoconsultation kami dyan sa DO, in-issue din yan samin, “hindi kami covered nyan kasi exempted kami from the coverage” and them we showed them “eto yung supreme court decision na sinasabi.”

BV: Tapos po napansin ko po na hindi po pinatupad itong department order, karamihan pa rin sa kanila ay commission basis.

AJ: Last January 16 diba nag-anniversary na yung signing nito. This year nakaprogram sa amin yung assessment nito kasi we have to give it sufficient time. And hindi naman naming rinush yung mga drivers, kasi actually when we issued this, nandyan din naman yung provision na it will be liberally construed na hindi naman liberally sinasabi na dapat agad agad particularly yung part fixed part performance scheme dun sa under ng DO. So, nagmukha lang na mabilisan yung implementation because of yung memorandum circular naman ng LTFRB. Doon kasi sinabi ng LTFRB kailangan makapagsubmit sila ng LSCC, on or before August 31. So parang nagmukhang yung implementation ng DO hanggang August 31 lang, but ang na-envision dyan ng DOLE, it’s a continuing process. So di kaya nga liberally construed, kasi tutulungan namin kayo over the transition period. So ngayon, etong naka- program sa amin na assessment, probably, although ipo-propose ko pa lang kung paano yung magiging process nung assessment probably we will be going back to visit bus companies kasi we did it before, tinitingnan namin yung status of compliance tapos kung makita naming medyo alanganin pa sila sa compliance, nagbigay kami ng technical assistance. Ngayong year na ‘to, matitingnan naming if it was just a matter of paper compliance para lang maka- renew sila ng prangkisa o talagang pinapatupad nila. So malamang babalik ulit sa field yung mga staff para magconduct ng study.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 112 BV: Ang napansin ko lang po nasumunod ay yung Victory Liner po, pero matagal na po pala nila kasing ginagawa yun may basic salary po sila.

AJ: In fact yung isa sa mga major supporters ng, nung kinukuhaan naming ng support itong DO na ito, Vice-chair sya ng Tripartite Industrial Peace Council ng bus industry, taga-Victory sya.

BV: Meron na po ba kayong nahawakan na kaso po ng mga bus drivers po?

AJ: Hindi, yung sa legal mitigation?

BV: Itatanong ko po sana kung ano yung madalas nanagiging kaso nila, sino yung madalas nananalo?

AJ: Labor in general, ang karaniwan naman usually kahit naman hindi sa bus drivers, within the employee-employer relationship ang commonly naman na fina-file… Kasi dalawa yung jurisdiction namin. Regional office, kapag employed ka pa. Pero kapag tinanggal ka na, it’s the NLRC, tsaka kapag ang claim mo ay Php5000 and above. Ang usual naman ay non-payment of minimum-wage kung minimum earner tsaka, non-payment of other monetary benefits like 13th month pay, overtime, usually yung ganun yung mga nirereklamo nila. Sino yung usually nanalo, di ko masabi kasi yung laban naman is depende kasi yan sa appreciation ng magdedecide kasi ang laban dyan sa NLRC, as far as I know, is pag may nag-file ng complaint, nagiischedule ng, siguro mga around three to five na conferences and conference is ganito: ikaw si complainant, eto si kino-complain mo, si respondent. Sasabihin ni, ako yung deciding officer, yung labor arbiter: “what is your problem” “non-payment po of 13th month pay” “hindi mo ba talaga binayaran?” Eto si employer magpapakita ng ebidensya, “hindi, ito po yung payroll namin” “binayaran ka daw” yung ganito, normal na usap lang. “di mo daw sya binayaran, ito yung proof nya” ganyan, pag hindi kayo nagkasundo dun sa hanggang limang conference natin, magsusubmit kayo ng position paper. Dun sa position paper ninyo, kanya kanyang argument kanya kanyang attatch ng ebidensya nasa appreciation ko na. Sino yung mukhang nagsasabi ng totoo. Parang ganun. There is a human factor in this society, hindi naman natin makakaila yung you know red tape (inaudible), hindi yun mawawala.

BV: karamihan po sa kanila wala pong overtime pay tapos more than 12 hours ang byahe po nila.

AJ: Yes, nasa result yan ng survey, hindi lang more than 12 hours majority yata is more than 16hours. Yun, kaya dun nakita yung link kasi based sa survey, ipagpalagay natin, maraming lampas sa 12hours and based sa studies. Ang hanggang 12 hours na ay sobrang tiring na, what more kung more than. So, sa survey lumabas na may mga drivers na umamin na they’re taking energy enhancers in whatever form, drugs, vitamins yung mga redbull, yung mga ganyan. Tinitiis nila. Bakit nila tinitiis na mag-work ng longer hours? Because of the quota. Bukod sa mataas na yung quota, mas tinataasan pa nila yung kita nila kasi the more na mai-remit nila at the end of the day, the more din yung take home pay nila. Diba, kasi dun naka-base. So tinitiis na lang nila, para kumita sila ng malaki. Kung titingnan mo sa ganun, wala silang income security kasi its all dependent kung kikita ba sila o hindi dun sa maire- remit nila at the end of the day kasama pa dyan yung mga issue nila yung mga nangongotong, lagay, mga ganyan. So malaki talaga yung issue nila, so yun nga ang naging solution ay given this result ng study, na hindi maganda yung conditions of employment nila kasi apparently hindi rin sila nabibigyan ng 13th month pay, walang overtime kasi nga nakabase lang dito “basta mabigyan mo ko ng 15,000 or magkano man yung maremit mo sakin, 10% nyan sayo” wala na tayong pinaguusapan, kita ko kita mo, tapos, ganun. Tsaka yung result ng survey naming was validated, nagconduct kami ng two or three Focused Group Discussion inviting bus companies parehong owners and coming from the employees sector, yung mga drivers and conductors, and vinalidate nila na “oo, ganyan ang kalakaran” so, yung industry nila is unique in that sense kasi ganun na nga yung kalakaran sa kanila. Tapos meron pa nga dun kapag nakabangga sila, sinasabi ng iba na “naka-charge pa sa amin,” although may mga companies naman na meron talaga silang fund for that. So yun, given all these premises, we came up with this DO118-12. So ang policy namin dyan, ang policy goal namin to promote better road safety not just for the driver, the conductor, ‘di lang for the passengers, pati sa pedestrian tsaka yung iba pang motor vehicle owners but at the same time ensuring the income of the drivers. Kaya ang pinaka-controversial dyan actually is yung mga monetary benefits like yung pagkakaroon na nga ng part fixed, part performance, although in-explain na namin sa kanila, hindi yan bago kasi, diba na-settle natin kanina, covered kayo ng labor standards kasi hindi kayo among those which are exempted. Pangalawa, nasusunod na ninyo yan, akala nyo lang hindi. Bakit? Kasi based dun sa survey alam nyo ba na ang

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 113 pinakamababang take home pay nila on a daily basis ay Php1,200. Diba, very high, magkano lang ang minimum Php400+. At that time na kinonduct yung survey Php426 pa lang, diba? So anlaki, doble, more than 200% diba? So paanong gagawin natin? I-break down lang natin yan, kasi nag-range ng 1200-1600. I-break down lang natin. Part fixed, ano yung nasa DO basta hindi mababa sa minimum, so pwede kita bigyan ng 500. Assuming na 1500 yung kinikita mo on the average. Php500. Dahil meron tayong principle of non-dimunition of benefits, dapat ang matatanggap mo on a daily basis Php1500 pa rin. Dahil Php500 lang yung napag-usapan natin sa part-fixed mo, ilalagay natin yung Php1000 sa part-performance. Pero lagyan natin ng condition, kasi eto na papasok na yung pino- promote mo yung road transport safety, kung wala kang bangga or wala kang huli, bibigyan pa kita ng Php1000, buo pa rin yung Php1,500 nya. Anong tendency ng driver? “Mag-iingat ako para Php1500 pa rin yung kikitain ko.” Tapos yung sa 13th month pay naman, tsaka yung mga overtime. Kasi dapat entitled sila nyan, very clear naman eh, beyond 8hours, bayad ka overtime 25%. Pwedeng dun na rin natin kunin, kasi yung sa part fixed, pwedeng kasama na dyan yung wage related benefits mo gaya ng overtime, so ilagay na natin Php500. So kung, basta may computation yun. Php500 pwede natin yang plus plus. Ano yung plus plus? Compute-in natin, kung ma-establish natin na on an average, daily basis, 12hours ka nagtatrabaho, compute-in na natin, kunin na natinyung 4hours na overtime mo, ang basis na natin ay itong Php500 kasi eto yung basic pay mo, so kung halimbawa, naka-compute tayo ng Php200, so sa part fixed, meron ka nang Php700. Yung 13th month pay din, pwede nang kasama dun kasi ang sabi lang naman sa 13th month pay law, it should not be given not later than December 24, so walang nagpo- prohibit sayo na ibigay sya on a daily basis. So i-average natin yung kita mo, halimbawa sa 1500 a day, pumapasok ka ng 30days, 1500x30, mothly salary mo. Assume na lang natin na kumikita ka ng Php30,000x12 para makuha natin yung.. Php30,000 so yan yung supposedly 13th month pay mo. Pero ako as operator sa dami ng bus ko, like diba victory ang dami tapos ang driver pa ng isang bus posibleng hindi lang isa, dalawa. So, sa isang bus dalawang driver, minsan dalawa din yung kunduktor so sa isang bus unit mo pa lang, apat na ang bibigayan mo ng Php30, 000. So at the end of the year napakabigat naman nun para sakin na bibigyan ko... so anong solusyon natin, Php30,000 na supposedly entitlement ng isang driver or conductor sa 13th month pay, idi-divide nati by 365 days, assuming na araw araw ang pasok nya, so magkano lang papatak yun diba, so Php500 na basic, Php200 na overtime plus Php30 halimbawa pumatak lang ng Php30 yung 13th month pay magkano lang yan, that’s 730. So sa Php1500, i-deduct mo yung 730, may paglalaruan pa rin tayo sa. So yun pa rin yun. Kumbaga yung mga nagpoprotesta before, kasi sabi nila, additional cost, ganyan kasi dati, di kami nagbibigay ng 13th month pay, di kami nagbibigay ng holiday pay. kasi pwede namang incorporated na rin sa lahat. Parang naliliwanagan sila na, oo nga nakakapagbayad pala kami without additional cost. Kasi nakita na nila na it’s a matter of restructuring kasi yung iba nga sa kanila, walang payroll. Minsan ikaw yung in charge sa pagre-receive, pag gumarahe, taga-receive ng kinita. “plate number ABC 123, Body Number, Driver, Conductor, Remmitance” yun lang. Kasi pag base sa remittance, makikita mo na dun magkano yung nabawas 10% kay driver 8% kay conductor, ganun lang kadali. So, ngayon mababgo lang naman yung process nila kasi kailangan na nila magkaroon ng payroll tsaka kailangan na nila magsubmit ng compensation scheme nila kasi yun yung role namin tsaka nung mga wage boards namin, i-check kung, unang- una nagbelow minimum ba sya kasi yun naman yung main concern namin eh, it’s not below minimum, ilan ba yung working hours nya at yung number of days na nagtatrabaho sya sa isang araw, naibibigay ba yung dapat para sa kanya. Pero yun ah, submission is one thing, compliance is another.

BV: Legal po ba yun na pagka po may share po sila sa gas, 15% po yung share nila sa gas?

AJ: Pwede kasing, that’s a matter or company policy. Kasi I can’t think of any law or rules and regulations prohibiting yun. Pero ang pwede siguro nating balikan dyan is at the end of the day kung ikakaltas mo sa kanya yung gasoline expenses, makakatanggap pa rin ba sya ng not below minimum, iyan ang from our end, kasi from sa office namin. Kasi ang concern nga namin is maka-receive sya ng atleast not less than the minimum. So para namang wala namang problema, parang cost sharing.

BV: Sa accidents po, kunwari po, ako naka-accident po ako. Legal po ba na ma-suspend ako for 1 month?

AJ: Management prerogative, kasi discipline of employees for whatever reason, management prerogative yan kasi, malaki din actually ang sakop ng management prerogative kasi nga diba, the management has the power to hire, to fire, to discipline, to pay the salaries, mga ganyan. Well to give other benefits kung meron pa silang pwede ibigay above or more than the required on the minimum ng national law, nasa kanila nay an. Pero ang lagi lang naman, kumbaga tinitingnan lang natin palagi is nag-agree ba si employee, kasi yun nga yung company policy plays a very important role na kasi nakadefine na sayo yan. Parang yan sabi mo, nakabangga, sinuspend, dapat lang merong due

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 114 process. Ibig sabihin, dapat nagkaroon ng investigation, na napatunayan na kasalanan talaga ni driver o kaya pwede namang preventive din, na halimbawa, pwede ring bayolente din kasi talaga si driver. So habang nag-iimbestiga, basta parang nakakaapekto yung pagiging bayolente mo, suspended ka pa, yung mga ganun. Basta ang importante lang, meron due process yun lang yun.

BV: Diba po insured naman yung bus, tapos icha-charge pa po sa kanya [driver] yung pagpapaayos po ng bus.

AJ: Hindi ako masyadong familiar sa ganyan, pero pwede nga kasi yan... kasi ganito, walang law na nagpo-prohibit na share tayo sa cost, basta, napag-agree-han natin, and yung agreement natin, o yung kontrata kung meron man tayong pinirmahan na kontrata, walang violations sa law, wala s’yang vinayoleyt na kahit na anong law. Wala ako masyadong alam sa laws ng insurance pero parang hindi naman bawal, parang sa call center papasok ka may training, common yan sa call center. Ako magbabayad ng training mo, pero kapag umalis ka, after ng training mo kailangan mag-stay ka sa’kin for two years, pag hindi mo nakumpleto yang two-year period na employment mo sakin, kailangan bayaran mo sakin yung ginastos ko, nag-agree ka. Hindi naman bawal. Para sa employer, ginastusan kita, kaya nga kita ginastusan kasi yung expertise na makukuha mo sa training mo, magagamit ko rin pero dahil hindi mo sinunod yung kondisyon to which you agreed, balik mo sakin pera ko. Pumayag ka, ganun yun. Basta yung kontrata valid. Yun ang presumption natin, valid yung kontrata. Kasi ‘pag ‘di valid ang kontrata, pwedeng ‘di mo bayaran, yun yung ilalaban mo, “kasi pinilit mo lang naman ako pumirma”, kasi yun naman ang number one na requirement ng kontrata, dapat it’s contention between the parties.

BV: ayun po

AJ: Sige, goodluck sa thesis! Nastrike kami sa letter mo, nastrike kami, Simbulan, yung isang staff, kaano ano nya kaya si Chit Simbulan?

BV: Asawa nya po

AJ: Maikkwento mo pa tuloy sa kanya. Pero probably he knows kasi syempre, may mga connect connect na yan somewhere else na nabalitaan na nya. Pero yun talaga yung main reason. Pero actually, kwento ko lang sayo, ang mga reklamo talaga ng mga provincial buses, although ang Victory, never naming narinig na magreklamo, kasi they have good practice, allegedly, they have good practice. Bulacan, never ko na-encounter. Five Star, di ko rin naencounter.

BV: Baliwag po

AJ: Baliwag. Victory lang talaga kasi yung naging member ng Technical Working Group, taga-Victory. Ang isa sa mga contentions ng mga provincial buses, “yung result ng survey ninyo was a result of a study in manila kaya yang mga aksidente na yan, yang frequency ng mga accident may not apply to provincial routes” yun. Pero ang sinasabi naman namin, we’re taking care of public safety din kasi and yun yung sinasabi nila na “bakit nyo kami nirerequire ngayon na bayaran yung ganito”. Number one it’s not something new, it’s in the labor code. Pangalawa, may study nga, na yung study na to, although sa manila sya ginawa, we can’t erase the possibility na pwede rin ito mangyari somewhere else. Saka, pangatlo they’re holders of a certificate of public convenience which is a mere priviledge, na kapag franchise subject to conditions talaga. Kasi maraming umaattend na mga lawyers, lalo na yung malalaking kumpanya. Mga lawyers talaga yung pinapaharap, so labanan ng legal basis, mga ganyan. Kaya lang ang medyo mahirap samin ngayon. Diba nag-file sila ng petition ng TRO, though pending pa sya, pero nakapagsubmit na kami ng comments yun yung number one na sinasabi nila hindi raw sila naconsult, meron kaming minutes, may attendance din kami, nandun yung pangalan nila, contact details nila, yung company na nirerepresent nila. Wala raw consultation. Tsaka nakakatawa yung regional director ng NCR, ininvite kami ng mga Jayross, byaheng Baclaran, San Jose Belmonte, Fairview, Groto, sabi kasi, talagang babarahin kaya minsan di mo na lang mapigilan, barahan na lang tayo. May nagsabi, “malulugi naman kami nyan,” yung may-ari ng Jayross, malulugi naman kami eto na nga lang kinikita namin. Well researched yung regional director, “diba ikaw yung may-ari ng Jayross bus company?” sabi nya “yes” “paano ka nalulugi, balita ko nga kakaacquire mo lang ng bagong 50buses worth million, pano nalulugi?” sabi nyang ganun. Tapos binara nya ulit “ano po yan utang po yan” “bakit ka maglalaks ng loob na umutang ng ganya kalagi kung hindi ka kumikita?”

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 115 PANGASINAN FIVE STAR PUB DRIVER INTERVIEW NOTES Interviewee: Joefrey Garcia Interviewer: Farida Bianca Velicaria Venue: Pangasinan Five Star Cubao Terminal Date: February 4, 2013 Time: 2:30pm

1. Mayroon po ba kayong kopya ng kontrata ninyo sa kumpanya? Hindi, wala po silang binigay. 10 years na akong nagtatrabaho dito. Pumirma lang kami. Ayaw nilang maglabas. Minsan nga kumukuha lang ako ng certificate of employment, tinatanong pa nila kung saan ko gagamitin. Kaya naman ako kumukuha ng nun gawa ng kukuha ako ng appliance sa isang coop, required yung certificate of employment para marelease-an pambili ng freezer kasi nagbebenta ako ng frozen goods para may mapag-stock-an. Di nila ako binigyan ng certificate of employment baka daw gamitin kong (inadible). Meron naman coop dito pero pinipili nila ang bibigyan nila ng pera. 2. Mayroon po bang holiday pay? No work no pay. Hindi naman kami arawan. 3. Mayroon po bang overtime pay? Walang overtime pay. Nakaka-12 hours ako. Percentage lang, laking tuwa namin kapag ginawang arawan. Tingnan mo ang tagal naming naghihintay, tatlong oras ngayon. 4. Mayroon po bang rest day? Sa isang buwan, pwede magrest day ng limang araw 5. Mayroon po bang night shift differential? Wala 6. Mayroon po bang paid service incentive leave? Wala 7. Mayroon po bang 13th month pay? Paano ito kinokompute? Ang pagco-comupute nila nun, kung ilang araw yung pasok mo ita-times nila yun, kunwari ang per day mo ay Php325 imu-multiply natin yun sa kung ilang araw ang pasok mo tapos idi-divide sa 12. Pero maliit din 8. Mayroon po bang paid paternity leave? Merong paid paternity leave, basta ifa-file mo lang. 9. Mayroon po bang retirement pay para sa 60 years old pataas? Yan nga ang inilalaban namin, masyadong maliit. Kunwari yung sa union, meron kaming bracket sa age. Kailangan 45 years old ka na para makakuha ka ng malaki-laki. Kapag hindi mo pa nakuha yung bracket na 45 years old tapos gusto mo na magresign, ang makukuha mo lang sa union Php1000 per year [of service] Gusto nila ma-reach mo yung 45 years old bago ka magresign. Sa union lang yun. Mas mababa pa yung sa ano (inaudible). Pag nagretire ka, ang nagbabayad ng retirement fee mo ay yung mga katrabaho mo. Kinukuha sa union yung retirement fee, kontribusyon namin yun, kami nagbabayad. Kinakaltas din sa payslip namin yung retirement fee nila. Kami ang nagbabayad sa mga nagre-resign. Kagaya nung pinakita ko sayo dati, lahat ng mga nagre-resign kinukuha nila sa amin yun, kami ang kinakaltasan nun. Kunwari meron na magreresign, automatically ikakaltas sa payslip namin yun, tapos yung kukuha naman nun, siguro umaabot pa ng isang taon bago makuha kasi pila pila daw, marami pa nagreretire. Kaya nga sinasabi namin, saan napupunta yung pondo ng union na ibinabawas sa amin tuwing sahod. Meron kaming monthly dues dyan, Php250. Saan napupunta pondo namin kung wala silang pambayad dun sa mga nagreretire? Siguro someday magkakaron ng time na kakaunti na lang kami nagtatrabaho dito, kawawa yung mga susunod saamin na magreretire, wala ng magbabayad sa kanila.Ang binabawas sa payslip naming para sa retirement fee nila ay depende kung ilang years sya. May mga nakukuha sila mga 300K. Yung mangagaling sa company makukuha mo na pero pila pila yun, di ibig sabihin pagkaretire mo makukuha mo kaagad, sasabihin pa nila kung

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 116 kelan ka babalik. Yung sa union talaga yung matagal. May kasama nga kami, nailibing na yung tao, naaagnas na, di pa rin nya nakukuha yung pera nya. Ang nangyari kasi dun nagkaroon ng komplikasyon, namatay. Nung kukunin na yung pera nya sa union, matagal pa, umabot ng taon. Naagnas na yung bangkay. Kailangan na sya singilin ng punerarya na nag-ayos ng burial nya. Diabetic sya, tapos biglang nagbakasyon, di na nakabalik kasi nagkaron na ng komplikasyon. 10. Gaano katagal po ang trabaho ninyo? Simula 7am, dumating ako dito mga 2pm, makakaalis siguro ako 3pm makakarating ako dun ng 8pm. lampas na ng 12 hours, 13 hours. 11. May mga break time po ba kayo para kumain? Meron, sa bus stop na yun. 12. May oras pa po ba kayo sa pamilya ninyo? Wala na, yung 5 days rest day na lang. Beyond 5 days pwede ka pa mag-rest depende kung may sakit ka, may sira yung bus mo. Pero pag naayos na yung bus, papasok ka na ulit, isschedule ka na nila. May sick leave kami, ang alam ko 100 days ang pwede sa isang taon. 13. Mayroon po ba kayong seguridad sa trabaho, na hindi kayo maaaring tanggalin ng walang due process? Wala, kasi dito nga, tulad ng sabi ko sayo, once na nagkamali ka, sa side to bilang driver, malaki laki yung damage, kunwari hindi mo naman inaasahan o hindi mo naman kagustuhan naaksidente ka, pag medyo malaki laki yung damage, yun yung time na titirahin ka nila ng kinakasuhan ka ng preventive suspension ng isang buwan, ipapabalik balik ka nila hanggang sa mabwisit ka, magreresign ka na lang, babayaran ka na lang nila ng gusto nilang presyo dahil may aksidente ka. Papabalik balikin ka nila kasi, kunwari ayaw ka na nila pagdrive-in, pagbalik mo galing sa preventive suspension, sasabihin sayo “di mo pa nakausap si ganito, bumalik ka na lang sa ganitong araw” paulit ulit yun, syempre maasar ka na, magreresign ka na lang. Ang masama pa nyan, pag nagresign ka, baka ikaltas pa sayo yung damage wala ka na makukuha, magkakautang ka pa 14. Kunwari gagawa ka ng totoong union, sa tingin mo po magkakaroon po ng illegal dismissal sayo? Pag-iinitan ka syempre, kasi hawak nila yung union. Ilang beses na kami nag-try ng ganyan, nag-file kami, walang nangyari. Nagkaroon nga ng election ng union dito. Diba yun nga sinasabi ko sayo, ang mga taga-DOLE pa naghandle nyan dito. Ang problema dito pag magbubuo ka ng panibagong union, pag-iinitan ka, meron pang time na madismiss ka. Gusto ko na lumaban kaso nagbubulagbulagan na lang mga kasamahan namin kahit gustuhin ko, hindi naman pwedeng ako lang. Pero wag lang dadating yung time na magre-resign na ako, may mga mapagtatanungan naman akong mga abogado. Ang nanalo mula vice president pababa mula sa labas, yung union na hindi sa kumpanya. Ang nanalong president yung sa company. Kung ikaw yung botante, bakit hindi mo iboboto yung sa labas? Matagal na to, way back 2004, hanggang ngayon sila pa rin yung nakaupo, hindi pa rin napapalitan. Yung mga nanalo from vice president pababa, hindi rin nakaupo yung mga yun kasi nga sa labas sila, ang nakaupo yung mga nasa yellow union. Parang walang nangyari sa eleksyon. Binantayan ng DOLE representatives, dineclare nila ang mga nanalo. Ang problema hindi rin sila umupo. After one month nagkakaroon ng mga meeting, di sila nakaupo. Hanggang ngayon wala pa rin ulit eleksyon, 10 years na wala pa rin napapalitan. Wala kaming kopya ng rules and regulation, paano naming malalaman kung magkakaroon na dapat ng eleksyon kung sakali. Ang pinagtataka namin, ‘pag nagtatanong kami kung asan yung mga pondo ng union, wala sila maipakita. Ang alam ko nga pag nagmi-meeting sila ang ginagastos nila nasa Php18,000, isang meeting lang yan, wala pa sila sa 20 katao. May consultant din sila. Kung may mga media nga lang, ibubulgar ko to eh. Diba nga sinabi ko nga sayo kaming mga driver kapag may aksidente, ang magbabayad ay kami. Meron naman mga kaso na nakakabalik kami pagnagkaaksidente, gaya ko, 1 month ako nasuspend. Di ko naman kasalanan yun, yun nga ang masama, hindi na nga ako yung may kasalanan, ako pa yung sinuspende, ako pa yung nagbayad. Di ko kasi dala yung mga document na pinapirma nila sakin noon. Yan kasi yung gusto ko ilaban ngayon, komo nabayaran ko na yun gusto ko magclaim sa insurance. Ang problema hindi pinasa nung abogado yung mga medical records dito sa opisina, ngayon kumukuha ako ng medical records dun sa pinangyarihan ng aksidente, ayaw ako bigyan kasi nga kailangan kumuha pa ng request mula sa abogado. Kumukuha nga ako ng request hanggang ngayon hindi pa rin ako binibigyan ng request letter na manggagaling sa legal council namin para makakuha ako ng mga medical records sa hospital sa region I, pero wala pa, until now wala pa, naka tatlong sulat na nga ako dun, mismong personal talaga na written na

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 117 letter pa, pinasa ko pa ng personal dyan sa may-ari. Hanggang ngayon wala pa rin nangyayari, pinabayaan ko na. Unless na magreretire na talaga ako, magcclaim pa rin. 38 years old na ako. 15. Ano po bang klaseng mga drayber ang meron dito, casual at regular lang po ba? oo 16. Mayroon po bang mga kontraktwal dito sa inyong kumpanya? wala 17. Ano po ang pangalan ng inyong union? Kasapian ng Manggagawa ng Five Star, di sigurado. Paano naman kami magkakaroon ng open forum sa kanila, pag nagmi-meeting sila, walang representatives mula saming mga drayber at conductor. Ang president at iba pang officers ng union ay mga drayber at conductor din. Sana kung magmi-meeting sila, sana may representative din kami. Kaso wala, di rin kami sinasabihan kung magmi-meeting sila, di nga rin sinasabi kung ano ang agenda ng meeting nila. 18. Bakit nyo po nasabi na union ng kumpanya ang union ninyo dito sa 5 star? Ano po ang mga ginawa ng inyong union? Pabor kasi sa kanila lahat. Kunwari may sasabihin ka dun sa president, sa case ko ilang beses ko na dinulog sa kanya yung problema ko, tinulungan nya nga ako ipasok yung papel ko sa loob pero hindi naman nya ko tinulungan i- follow up yung mga billings at statement na gusto ko makuha, pinabayaan nya na ako. Hanggang ngayon hindi pa rin ako nakakapagclaim. Sa mga normal na disputes gaya ng reklamo sa dispatcher, wala ring mangyayari kaya di na lang kami lalapit sa union. Mabilis lang yan sya pagbabale ka dyan, emergency bale, kasi yan lang yung ginagawa nya. Samantala yung babalehin mo dyan, pera mo pa yun, cash bond mo yun, antagal mo pa makukuha yun, pahirapan pa sasabihin sayo “next week ka na lang marami nakapila eh” paano kung yung emergency bale mo kailangan na talaga ng pamilya mo kasi may sakit. Nagkaroon nga ako ng case na ganyan, nagkasakit yung pamangkin na pinalaki ni misis, bumabale ako ng 10K, nilista nya. Hanggang sa inabot ako ng tatlong araw pabalik balik, ang nangyari namatay yung pamangkin ni misis, nakuha ko na nga yung pera pero nung papunta na ko sa hospital, wala na bata pa yun mga 15 years old. Hindi daw kasi sila pwede pumirma ng ganyan na wala si boss lalo pa sa mga financial ang pinag-uusapan. Walang pondo ang union, pano ka manghihiram.

19. Paano po ba ang sistema ng pasahod? 5%, di kasi kami pareparehas ng sweldo rito eh. Fixed na yun 5%, pag di ka nakaquota 2% lang. pero pagnakalampas ka ng quota, yun lalampas sa quota dun yung 5% pa. Bale 2% lang. 20. Magkano po ang Basic wage? Tuwing kalian po ito ibinibigay? Wala kaming basic wage. 21. Magkano po ang allowance? Tuwing kalian po ito ibinibigay? Di mo naman masasabing allowance yun kasi kinakaltas din samin yun bilang everyday bale. Sinasabi nilang allowance, pero bale yun kinakaltas yan sa sweldo namin. Binibigay yung Php150 bago ka bumyahe. May bago silang sistema mga 1 week ang nakakaraan, may mga bracket sila. (See Figure 8.1) Makukuha mo na to bago pa maremit per byahe. Sa feb 8 pa naming makikita yung sistema nito kung magkano yung papasok sa payslip namin.Pero yung dati commission basis lang, napupunta kagad sa ATM namin, tapos may 150 na “allowance” na nakalagay as bale, ikakaltas sayo.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 118 22. Ilang porsyento po ang commission? Tuwing kalian po ito ibinibigay? Saka ka lang mag-5%, kunwari ang quota mo ay Php8,800, paglampas nun dun pa lang yung 5%. Yung sa php8,800 dun yung 2%. Kagaya ngayon nasa 22K kami, nasa 1200 yung 5% nun. 23. Nakakamagkano po ang kita ng bus sa isang araw? Php16,000 on average 24. Ano ano po ang binabawas sa sweldo ninyo? Mga magkano po ito? Retirement pay ng kasamahan, lahat kami kakaltasan nun. Ang problema naman malalapitan na pwedeng mapagkatiwalaan talaga. Meron na kaming case na ganyan, nag-abogado na sya tinarantado lang sya ng abogado nya. 25. Mayroon po bang ginagawa ang kumpanya para sugpuin o maiwasan ang TB, HIV-AIDS Hepatitis, at Droga sa pinagtatrabahuan? Meron kaming yearly na medical mission pero na sayo yan kung ano ipapacheck up mo. Walang specific na para sa mga HIV ganyan 26. Totoo po ba na may ilang draybers na gumagamit ng pinagbabawal na gamot? Meron, napakahypokrito ko naman kung sasabihin kong hindi. Yan yung sa mga Nueva Ecija, kasi halos walang tulog yang mga yan, takbo ng takbo yan, pati sa Cabanatuan 27. Gaano po kahaba ang pinakamaiksing duty dito sa Pangaisnan Five Star? 12 hours ang pinakamababang oras ng trabaho dito. 28. Mayroon po bang Safety and Health Committee ang kumpanya? Wala po 29. Sigurado po ba kayong nare-remit ang inyong mga buwanang contribusyon sa SSS, PhilHealth at Pag-ibig? Oo, pero meron akong kasamahan na nagtext sakin nung isang araw “paki-check yung Pag-ibig mo, yung akin 6 months nang hindi nahuhulugan” nalaman nya lang yun nung gagamitin na nya. Hindi ko lang alam kung may contribution ang kumpanya sa SSS ko. Ang nakikita ko lang na kinakaltas sa sweldo ko yung SSS, Pag-ibig, Philhealth. 30. Magkano po ang share ng kumpanya sa mga kontribusyon ng SSS? Alam nyo po ba kung anong bracket kayo? Kung oo, ano po? Hindi ko alam 31. Mayroon po kayong sinasabi dati tungkol sa refundable tax, maaari nyo po ba ito ulit ipaliwanag? Paano naming makokompute yung contribution naming kung sobra hindi naman binibigay kaagad yung ITR namin, ibibigay ITR naming last filing na. 32. Nagpa-assess na po ba kayo sa TESDA para sa certification ng professional driver? Hindi pa. Sa amin nirerequire nila na pag nakaaksidente ka, blacklisted ka, kailangan mo muna kumuha ng certification sa tesda bago ka pagduty-hin

33. Sabi nyo po dati, mabablack list ka rin kapag sumobra ka ng consumo ng diesel, bakit po ba sosobra ka sa pagconsume ng diesel?

Sobra daw sa arangkada, masyado daw mabilis magpagtakbo kaya malakas ang bawas sa krudo. Araw araw sumosobra ako ng 14 liters sa binibigay na allocation. Hindi ko yun babayaran personally pero cocompute-in nila lahat ng mga excess ko ngayong buwan na ito, iba-bracket ka kung blacklisted ka. Magseseminar ka. Hindi tama yung sineset nilang standard para sa pagkonsumo ng krudo kasi masgugustuhin na naming sumobra sa konsumo kasi nga porsyentuhan kami dito. Makakatipid ka lang ng diesel dito kung dirediretso ka lang ng takbo, wag ka na mamulot. Ano naman ang mapoporsyento ko, okay lang sana kung arawan kami, kung ano na yung nakuha kong

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 119 pasahero dito, aalis na ko, paano naman yung mga tao sa labas. Pero maspabor pa rin talaga sakin na tanggalin nila yung commission basis.

34. Saan nyo po dinadala yung mga problema sa dispatcher o sa sasakyan o kapwa driver?

Pag problema sa dispatcher wala. Pag sa problema sa sasakyan dadalhin namin sa shop. Pag problema sa kapwa driver, kami kami na lang nagkukuro kuro.

35. Problema sa kumpanya:

Accident, diesel consumption, mga pinakamalaking dinadaing nila

36. Sa illegal dismissal, may mga natanggal na?

Awol siguro meron.

37. Willing po ba kayo gumawa ng totoong unyon?

Oo naman kung pwede, katulad sa kompanya namin, hindi mo pwede patayuan ng unyon to andaming pangalan nito, Cisco, Five Star, Bataan Transit, First Solid North pa. For example kaming Five Star nag strike kami, iddeclare lang nilang bankrupt ang Five Star eh, saan kami pupulutin. Pipinturahan lang nila yung bus ng Bataan Transit. Kaya marami tikom ang mga bibig namin, tiis tiis na lang. Magkapatid lang sila ng Victory, pipinturahan lang nila yung mga bus ng Victory.

38. Yung sa aksidente nyo po, kailan po ito? Napatunayan po ba na hindi ikaw yung may kasalanan?

2008 ako nagkaroon ng aksidente, napatunayan sa police record na hindi ko kasalanan. Kinaltas sa akin yun. Insurance dapat ang sasagot nun, hindi ako kahit sabihin mong may participation ako dun. Ang alam ko ang sagot ng insurance yung Php60, 000 tapos yung lalampas dun maghahati kayo ng may-ari ng bus. Yung akin Php40,000 ang nadamage, dapat wala akong babayaran dun.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 120 KABISIG INTERVIEW Interviewee: Ka Sandy Hachaso Interviewer: Farida Bianca Velicaria Venue: Mendiola Date: January 22, 2013 Time: 10:30am

BV: Farida Bianca Velicaria KS: Ka Sandy Hachaso

BV: Medyo ngayon ko lang po narinig yung organisasyon ninyo

KS: Oo, actually katatayo lang yan mga 2006, 2007 pala.

BV: So paano po ba nagsimula po yung organisasyon po?

KS: Ganito yan nung una, 2003 meron nang mga pagsisikap. Kung naalala ninyo nagwewelga yung noon yung G Liner, nagwelga yung Beltran, nagwelga yung Don Mariano, nagkaroon ng mga union building, andyan yung Admiral. Yun yung time pagkatapos yun ng Qualitrans. Nagwelga ang Qualitrans. Kung naaalala nyo, ang Qualitrans ay naging matagumapay ang unyon at nakuha yan ng mga empleyado kaso ang naging problema after na manalo sila, yung pagmamanage nung mga opisyales ng unyon naging problema ay bumagsak yung, ano nila, pagmamanage. So nauwi sa wala yung panalo nila, nalusaw yung union. Tapos 2003, yan yung time na nagkaroon ng planong buhayin yung diwa nung BUSINA naalala nyo yung BUSINA siguro mga batang bata pa kayo nun yung Bus Industry Alliance, BUSINA. Yun ay isang alyansa na sa hanay ng transportation sa bus yun yung mga nagbalagbag ng bus dyan sa... that time under consortion program pa yung programa ng gobyerno sa bus, nandyan yung bus leasing program, nagpapautang yung gobyerno ng mga unit dun sa mga kumpanya katulad ng sa PASPHIL noon, itong YBL, itong iba iba pang kumpanya, yung Metro Manila Transit Corporation noon ay nasa ilalim pa ng consortium program ng gobyerno, ngayon ang, nung pagkatapos ng nung laban na yun nawala na sa limelight yung BUSINA, di rin natin malaman kung ano yung mga naging problema. Nag-attempt yung mga kasamahan nating manggagawa sa hanay din ng bus transport na magtayo ng isang organisasyon na tinawag nilang Pagkakaisa ng Mangagawa sa Transportasyon sa Bus Transportation, PMBT: Pagkakaisa ng Mangagawa sa Bus Transport, napasama tayo dyan 2004 na naglungsad ng mga forum at all leaders meeting, at mula sa mga halos umaabot ng 11- 12 companies, nakakapag-ipon tayo ng mga empleyado, at ginagather natin yung mga issues nila doon sa loob ng company which is ang pinaka layunin noon ay buuin yung alyansa ng mga union sa ilalim ng PMBT kaya lang that time dapat talaga yung usapin ng union sa mga bus companies dahil yun na nga yung laging technical na usapin na ginagawang dahilan ng mga kumpanya ng bus na ang mga empleyado under commission basis ay hindi sila mga lehitimong mga empleyado kaya laging may teknikalidad nadedeny sila pagdating doon sa mediation. Halimbawa, naglunsad ng certification correction, pagdating sa labor hindi sila naggrant na makilala at pilit talaga silang dine- deny ng management na hindi kilalanin. May mga kaso nga dyan halimbawa yung Admiral, Don Mariano Corporation under Dra. Lim, nanalo na sila sa election sa CE pero hindi sila kinilala at ang ginawa minaniobra lahat ng mga opisyales na naka-line up dun sa nanalong totoong union tinakot at ang iba ay binayaran at tinanggal para lang umalis, hindi naging matagumapay yung usapin ng pagtatayo ng union. At linagom yung karanasan dyan hanggang sa umabot sya ng 2006 at 2007 kung hindi ako nagkakamali at talagang hindi naging matagumpay yung pagbuo ng pagawa ng alyansa ng union dahil na nga sa ganung kalagayan na palaging nadedeny na hindi kinikilala ng mga bus operators yung karapatan ng mga mangagawa na makapag put up ng talaga ng union and hanggang sa kasalukuyan, maliban siguro sa isang company yung PBT meron syang tunay na union sa loob. Pero pilit syang minamaniobra ng kumpanaya na hindi talaga sya maging epektibo at wala na tayong ibang alam pa na may union talaga na tunay na umiiral sa bus company dito sa bansa ngayon dahil sa kalagayan na tinali sila doon sa sistemang komisyon kaya merong mga kahinaan pagdating doon sa paggigiit ng mga mangagawa doon sa kanilang mga

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 121 lehitimong karapatan pagdating doon sa usapin ng labor standards kaya ang ginawa namin nung mga natira dun sa PMBT, yung mga leaders, sinikap nating aralin ulit kung ano yung mga pleksibleng paraan, yung mga possible entry sa loob ng bus company para hindi maging masyadong prone sa atake nung company, ginawa natin nagbuo tayo ng mga association. Association building, Coop building para mga ganoon para at least maging panimulang makinarya sya, na maging daluyan din ng mga dayalog. Maging daluyan din ng pag-uusap usap ng mga empleyado sa company. Which is yan na nga yung sinimulan natin yung mga bus transport forum ulit na hindi tayo magpatali doon sa mga usapin sa teknikalidad sa union, sa mga naging mapapait na karanasan natin sa pag-uunyon kundi dapat maghanap tayo ng ibang paraan kaya ang association building ang isa sa mga naisip naming gawing paraan para buuin ang kapatiran ng mga anakpawis sa bus industry. Sabi nga natin, hindi lang naman kasi ang mga isyu ng bus workers ay nasa loob ng company kasi pagka isyu sa loob ng company, union matter yun pero meron din naman mga isyu na katulad halimbawa mga mapanupil na batas sa kalye tapos iba pang mga isyu na atake ng estado mismo sa doon sa hanay ng pagawa ng mga mangangawa, why not na buuin natin yung isang, kumbaga ay, alyansa pa rin sya, yung tipo nya, pero dapat magkaroon sya ng mga samahan dun sa ilalim. Kaya yung kapatiran ng mga anakpawis sa bus industry, ganun nagsimula, naconceptualize ulit na sige magbuo tayo ng kapatiran ng anakpawis sa bus industry mga drayber at konduktor ang pangunahin, tapos syempre bukas parin trayo dun sa mga regular na pasahuran. Ang naging focus ng kanyang advocacy ay una kilalanin ang estado bilang katuwang. Diba yung bus industry pangunahin na yung mga drayber at konduktor na syang nakararami nakakahigit ang populasyon na nabubuhay sa transport sa bus, kilalanin yung kanilang mahalagang papel. Pangalawa ay tutulan yung mga pagmamalabis ng gobyerno doon sa implementasyon ng mga batas na ang laging mga target ay mga drayber, mga conductor which is mga balasubas gago, mga kaskasero at mga adik daw na sinasabi nila kaya bali pagpapatuloy sya ng advocacy din ng BUSINA nung araw. Yung mga drayber dapat kilalanin nila yung mga lehitimong karapatan bilang isang regular na mangagawa diba at magtamasa sya ng mga benepisyo ayon sa pinagkakaloob ng batas

BV: Yung Obrero Pilipino, alam nyo po ba yun? Kasi yun daw po yung mother union sa Baliwag po. Sinasabi po nila na yellow union nga daw po yun

KS: Yellow union yan, which is maaaring mga bagong tinayong federasyon yan ng Bukluran o kaya ALU, kasi ALU ang Rural sa Mindanao; series; at Bachelor, mga ALU-TUCP yan, yan ang mga lumang dilawang union. Yung mga bagong dilawang union ngayon yung… Bukluran, yung NFL yata nasa kanila pa rin. Yun yung mga union dati ng Baliwag at Philippine Rabbit. Henerales yan, ngayon ganun ang mission ng KABISIG ngayon na bitbitin yung isyu di lang sa lokal kundi pati yung sectoral issues. Ngayon pag local issues kung sino yung mga potensyal yung sitwasyon para magtayo ng union, or its either na labor management council o LMC, grievance committee pwede nating i-maximize yung mga ganung mga tipo. Kaya ganun ang (inaudible) nya. Ang ginagawa naman natin, ayon sa lakas, mina-maximize din naman natin na tugunan yung mga issues, kagaya nitong nakaraan, naglunsad kami ng mga pagkilos laban dun sa suspension o kanselasyon ng mga prangkisa kapag nakakaaksidente that’s why medyo na-lessen na yung automatically dati 3 months kagad na suspension ngayon medyo nagrestrrain sila ginagawa nilang 1 month. Kaya sabi ko nga depende sa lakas magkakahugis yung sistema ng pagpapatupad nila ng ganyang mga sanction doon sa mga companies na naiinvolved sa accidents depende sa lakas, syempre, kasi ang nagugutom dun hindi naman yung mga operator. Sabi nga natin ang nagugutom dun yung pangunahin dun yung mga mangagawa, yung mga drayber at konduktor na hindi mo bibigyan ng byahe dahil lang nakaaksidente yung isang tao isang bus isang drayber, hindi mo bibigyan ng trabaho yung majority kung mga 1000 empleyado yan o 500 na empleyado yan plus yung kanilang family magugutom. Ang isang issue na nire-raise natin, hindi dapat na ganun kahigpit yung pagpapatupad ng polisiya, kasi ang akidente kasi, nature of business yan, natural tumatakbo ka sa kalye, at hindi lang ikaw ang tumatakbo. Hindi lang din ugali ng drayber ang problema dun kungdi yung disenyo din ng traffic, yung kalye. Yun and paano mo nasisiguro na sa banggaan na yan, yung drayber lang ng bus ang walang disiplina diba, kundi dapat tignan mo mo rin both sides, kaya lang sila karakaraka kaagad, sabi nga natin dapat ang gobyerno nagpoprovide ng livelihood ng hanap buhay para sa tao pero bigla sya ngayon ang magiging dahilan para alisan mo ng hanapbuhay.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 122 BV: dun nga po sa pagkakansela ng LTFRB ng prangkisa, ang naaaalala ko po kapag hindi daw po sumunod sa labor standards yung bus company po, may possibility na tatanggalin ang prangkisa, paano poi yon?

KS: yun na nga eh mismo sila, parang dumura sila sa isang salamin na bumalik din sa mukha nila. Kasi ang nangyayari nakikita na nilang mali kunwari yung pagpapatupad ng department order 118-12 unang mali dun hindi nasunod dun yung 8-hour law yun ang batayan na dapat una, to make sure na tama yung pagrender mo ng public service oras ang pinaguusapan dun na ang dapat na 12 hours lang, hindi na lalampas dun, yung ngayon ang nangyayari kung ano yung dating sistema, ganun pa rin. And then, kung magkano ang kinita mo dun, aataduhin nila yun, eto basic, eto ganito, tapos kukunin muna nila yung basic plus overtime and then, saka ibibigay sayo after a week. Samin hindi namin pinapayag yun, automatically after a week nag-launch kami ng dialogue, ang nangyayari kasi kung short kami sa Php741, yung Php 741 yun yung basic, plus yung COLA, plus yung service incentive leave, yung mga benefits na nakapaloob dun, tapos overtime, ibibigay mo muna yun for safe keeping sa kanila and then after a week, ibibigay sayo parang regular na sahod weekly. Pero pera mo na yun na pwede mo na iuwi, ganun kung sa dating kalakaran, iuuwi mo na yun that night. Kaso kukunin muna nila yun. Ang nangyayari nasho-short ka dun dahil kakain ka tulad dati magbabayad pa utang. Pag di umabot ng Php741 kung Php700 lang ang matira ibigay mo, hahanap ka pa ngayon ng 41 para iingreso mo ulit sa kanila para lang kumpletuhin yun makukuha mo after a week. Kaya malaking kalokohan. Kaya sabi namin, naglunsad kami ng dialogue sa legal ng company kung ganyan ang gusto nyo mangyari. Sige, para hindi mabawasan yung sahod namin kung makadalawang byahe lang kami kasi kakain kami, magbigay kayo ng allowance na pangkain, magbigay kayo ng bitbit pambarya magbigay ka ng libreng pambigay sa caller, sa barkers. Inisip isip nila malaki yun, di napwersa sila ngayon na tuwing gabi ibibibgay na namins sa inyo yung sahod nyo, hindi na weekly. Sabi ko tama lang yung ganun kasi una, hindi naman kayo sumunod sa mga probisyon ng department order wag nyo na kami idamay kung ayaw ninyo sumunod. Kayo na bahalang gumawa ng paraan ninyo. Ang bilis nila nakukuha ng certification na in-approve na ni Allan Macaraya ng Department of Labor Regional Office na pag nabigyan ka ng certification na yun ibig sabihin nakapagsubmit ka na ng formula kung paano magpapasahod na mutually agreed.

BV: Mutual nga ba?

KS: Hindi. Ang nangyari kumbaga ang nagdecide lang yung side ng management kung paano ipapatupad kasi nung nakipagusap sa amin hindi nila tinugunan yung request namin na “pwde ba tayo magusap kako para mag-MOA signing tayo na nandito yung taga-Department of Labor” sabi nila oo daw. Pero sila din mismo ang.. nag-isip siguro, malalagay tayo sa alanganin, sabi nila tatawagan na lang namin. Nung tinawagan ko yung NWPC “pinacancel po nila” kaya yun hindi na natuloy tapos ang dami nila pakana na pinapipirma halimbawa yung empleyado na sang- ayon doon sa pagpapatupad. May mga kontrata silang nilalabas para lang daw requirements yun para lang makapagrenew lang ng public convenience andami nilang… Kaya and dami nilang samu’t saring pamamaraan, ngayon na sabi nga natin na kung walang organisasyon na mangangasiwa sa mga manggagawa sa loob ng kumpnaya, kung walang organisasyon ng mga mangagagwa, (inaudible) lang ang mga mangagagawa sa isang mapanlinlang na sistemang pakana ng gobyerno na wala namang pakinabangan para sa kanila kundi naging pakinabangan para sa side ng politika ng gobyerno na kunwari nagpatupad na, diba? Naririnig ng publiko, pero ang di alam ng publiko hindi usually ano ba talaga nangyari, yung katotohanan. And then, sa part ng management mas naging instrumento pa nila yun para mas lalong pahigpitin yung control nila sa empleyado na “once na di ka pumirma, sige hindi kita bibigyan ng byahe..” Sige, ano pa bang...

BV: ayun po, nasabi nyo na yung mga hakbang saka aktibidad ng organisasyon. Para po ba sa inyo sapat ba yung Labor Code saka tong DOLE department order no. 118-12 para protektahan yung karapan ng mga drayber ng bus

KS: Hindi. Una, nagagamit pa ng management ngayon para lalong pagsamantalahan ang mga mangagawa lalo na yung mga drayberc at konduktor ng bus. Nagagamit pa nila yun, in the sense na lalong dumami yung mga kaltas na nilalagay nila, halimbawa yung SSS, matagal nang nagiging problema yan, hindi lang ng mga kumpanyang may

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 123 organisasyon kundi lalo na dun sa mga nag-eemploy ng mga apat, sampung drayber; dun sa mga malalaking companies din usually problem yung hindi na nagbibigay ng share ang mga companies kung ano yung hinulog ng empleyado kung ano lang yung nakaltas sa kanila, yun na din yung hinuhulog nila, lumiliit yung kanilang bracket. So pag nag-salary loan, maliit lang yung bracket. So pati hilHealth, PAG-IBIG halos hindi yan sineseryoso ng companies kung walang nag-aassert na grupo ng mga empleyado na hulugan. Kung walang naghahabol. Ang nakikita nating isang matingkad yang department order na yan ang nangibabaw sa implementasyon nyan dahil walang depenidong patakaran o implementing rules and regulations na inilabas ang Department of Labor, ang namayagpag dyan kung paano hihitsurahan yan ay ang mga operators. Sila ang namayagpag dyan., hindi na- empower yung mga empleyado kung paano ima-maximize at paanong gagampan ng papel para sa pagtiyak para sa sarili nilang kapakanan para magsilbi magsilbi sana yung department order na yan bilang seguridad nila sa trabaho. Kaya para sa akin, para sa atin, para sa KABISIG hangga’t walang malakas na organisasyon na nagtutulak para sa kapakinabangan ng mga empleyado sa pagtitiyak ng kapakinabangan, walang katiyakan na magiging/makikinabang ang mga drayber at konduktor sa mga batas paggawa. Mismo ang batas paggawa natin ay sabi nga natin na nakadisenyo imbes na ang Department of Labor ang maging tagapamagitan, sila pa mismo ang nagiging tulay para lalo pagsamantalahan ang mga manggagawa. Para sa kanila, accomplishment ng departamento yung gumawa ng mga panukalang batas pero hindi na nila responsibilidad kung paano titiyakain ang pagpapatupad. Yun.

BV: Nawalan po ng gamit ang Department Order na ito.

KS: Wala, nawalan sya ng silbi. Para sa atin mayroon tayong HB 3370 na ipinasa sa kongreso. Ang author nito ay si Cong. Teddy Casino nga Bayan Muna at Co-author itong si Cong. Rafael Mariano ng AnakPawis Partylist. Mas yun ang pinagkakatiwalaan natin kung yun ay magigingbatas kung magiging republic act sya

BV: Tungkol po saan iyon, sir?

KS: Yun ay panukalang batas para sa regular na sahod at benepisyo ng drayber ng bus at konduktor, an act regulating the driver’s compensation. Ngayon, yan ang mas itinutulak natin, ang gusto natin mairevise sa Congreso, House Bill 3370. Kaya lang may isang tingin din tayo na sa isang comprehensive na pagtingin na kung ang gobyerno ay hindi handang umako ng risk sa pagpapatupad na yan sa pagpapatupad ng panukalang batas na yan, dapat ang gobyerno kailanga alisin nya yang oil deregulation law, diba? Dapat magkaroon sya ng lehitimong control sa oil prices and yung mga inputs dun sa bus industry. Ano yung mga inputs na yun, yung imported spare parts, dapat may control din sya dun, diba? At handa syang umako ng subsidies doon sa operasyon, diba? Para maging realistic na hindi dapat magkakaroon ng doubt yung mga operators na hindi sila malulugi pag regular silang nagpasahod ng mga drayber at konduktor. Magkakaroon ng assurance. Sa ngayon walang nabibigay na assurance ang gobyerno, anong madalas na nirereklamo ng mga operator? Mataas ang diesel, mataas ang piyesa, mataas ang bayarin sa pagkuha ng prangkisa, rehistro, ganyan kasi nga nandyan yung burokrasya nandyan yung sistema na under the table. Mga kung ano anong mga kalagayan, diba? Mga payola. So once na hindi pa rin nae-eradicate yan, at ang gobyerno hindi pa rin seryosong umako ng risko hindi magiging matagumpay ang pagpapatupad ng regular na sahod para sa mga drayber at konduktor ng bus

BV: Pero diba po, meron namang regular na sahod dito pos a DOLE Department Order na to?

KS: Nakasulat lang yan, pero hindi natin ganun katiyak kung paano ipatutupad yan, kung paano nila uutusan yung management na ipatupad yung regular na sahod. After ng 8 hour na working hours, diba? Yun, kaya ganun katuso din yung may hawak ng capital na to make sure na hindi sila malulugi na kung ano lang ang koleksyon mo, dun ka lang mangongomisyon. Kasi baka sabi nila baka magpabanjing banjing ka kapag binigayan ka ng Php426 plus Php20 na cola, halimbawa o plus Php30 kasi magiging Php456 na. Ayun ganun, baka kompletuhin mo lang sa takbo at hindi ka na magsakay ng pasahero. Parang ganun, may mga doubt na ganun yung ano... yun doon umatras din yung Department of Labor yung and National Wage anf Productivity Commission sa kanilang posisyo na na

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 124 ipatupad talaga yung regular na sahod kaya bumaling sila sa pewdeng per trip pwede ring kilometre, pero ang ginawa pa rin ng operators, commission pa rin.

BV: Kumpara po sa kung ano po yung nararanasan po ng mga bus driver sa ngayon, ano po ba yung dapat na kondisyon nila sa paggawa? Yung dapat po?

KS: Yung dapat na kondisyon nila sa paggawa una, kailangan magkaroon isang tiyak na oras makataong kalagayan sa paggawa. Ano yung makataong kalagayan sa paggawa? Una, meron silang maayos na mga benepisyo, dapat ang oras ng kanilang trabaho may sapat na pahinga, diba? Hindi yung mula alas tres ng madaling araw uuwi ka ng alas dose ng hating gabi. Pwede ka gisingin anytime, pwede kang gumampan sa trabaho dapat merong regular na oras ng pagtatrabaho at merong regular na oras ng pahinga. Ayun syempre dapat makatarungan at nakabubuhay yung sahod na matatanggap nya hindi yung ayon lang sa discretion lang ng companya, ayun sa gusto nya.

BV: Ano po yung kadalasang nadodokumenta nyo po sa tangapan nyo po na mga bayolasyon sa paggawa?

KS: Ang mga violations na karaniwan na nae-encounter natin ay yung sa usapin nag pagtanggal sa mga empleyado dahil lang dun sa minor na kaso, tapos yung nakakaaksidente biglang hindi na lang pinaduduty kadalasan may mga pangyayari na ang empleyado, sabihin natin kapag na-short kakasuhan na nila ng short in remittance, and then hindi na nila padu-duty-hin. Minsan pag nakabayad naman, nakabayad naman sya pero ayaw na sya pagduty-hin. Yun ang kadalasang nagiging violation ng kmpanya. Tapos syempre dahil may mga inspectors sila yung mga konting mali lang ng empleyado, hindi naticketan yung pasahero, yung sa konduktor to. Ico-consider na nila yun as violation. Mga minor na na problema, ginagawa nilang isyu para tanggalin yung empleyado. Ang napaka-worst na scenario ngayon na ginagawa ng mga companies ngayon, pinapapirma nila ng three months na kontrata. Pag hindi pumirma, hindi na bibigyan ng duty. Yung AC Trans, ang ginagawa ngayon pinapapirma ng three months contract yung mga empleyado and then after three months hindi ka na marerenew, bahagi yun ng kahit regular na. Kahit 30 years ka na papipirmahin ka ng three months, pag ayaw mo pumirma, bahala ka, wala kang duty. Kahit sa ibang kumpanya ganu ang ginagawa ngayon

BV: nagkakaroon na po ba ng mga kaso yan, yung mga nasabi nyo pong violations?

KS: pinagfi-file natin sila ng kaso, gusto nating kunin sila kung sino yung mga biktima ng ganun...

*Recorder went off but the interview was still going on*

KS: Minsan macocontact mo sya rito sunod makikita mong iba na naman dala nyang bus. Kaya mahirap ang organizing sa bus.

BV: Meron po akong nakausap sa Baliwag po parang wiling po syang.. magtatayo daw po sya ng union pero medyo nahihirapan pa po yata.

KS: Masmaganda yun kung mae-endorse mo sa amin.

BV: Opo, kakausapin ko pa po sya, pero inuna ko pong kausapin muna kayo para po medyo makakuha po ako ng ano, kung paano ko po sa kanila sasabihin.

Paano nyo naman po tinutugunan yung ganung problema po?

KS: ng mga?

BV: Kasi po diba nahihirapan po kayo na tipunin po sila?

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 125 KS: Ang ginagawa natin ay sinisikap natin na magcontact building dun sa mga particular na kumpanya na target natin. And then syempre, bahagi ng ating adbokasiya, nagpapatawag tayo ng mga forum, nagpapatawag tayo ng all leaders meeting para patampukin yung mga isyu yung mga, para magkaroon pa ng higit na maraming maging contact doon sa kumpanya na iyon. Ganoon natin hinaharap yan

BV: Gumagana pa po ba yung CBA?

KS: Collective Bargaining Agreement? Ang CBA gagana lang naman yan oras na makapagtayo ka ng isang tunay na union. Pero kapag ang isang union sa company ay dilawang union ang tiyak dyan ang CBA ay sila lang ang may gawa nyan at kung iiral man yan ay tiyak na pabor sa kumpanya.

BV: Sa inyo pong opinion may kahalagahan po ba ang sekswalidad at edad sa pagiging bus driver?

KS: Sa bahagi namin, hindi ganoon katingkad ang usapin ng sekswalidad, lalo na ngayon ang usapin ng kawalan ng trabaho dito sa bansa ay lalong tumataas, kawalan at kakulangan ng trabaho. Kaya nga ang mga nanay, ang mga kababaihan napapasok na rin doon sa trabahong panlalaki. Kaya hindi malaki sa amin ang usapin ng sekswalidad bilang respeto doon sa kasarian naman ng kababaihan may mga kaya naman sila syempreng gawin bilang babae na bahagi ng paghahanap buhay na hindi naman natin dapat tawanan, ginagalang natin yun. Kaya lang usapin ng edad, dapat namang bigyan natin yan ng karampatang pagkilala yung mga umaabot na ng 60. So dapat nabigyan naman ng karampatang benepisyo sa kanila as part of their retirement age. 60 years old, kasi mahirap din para sa mga 60 years old na pipilitin mo pang magtrabaho, diba?

BV: Meron nga pong isang nakita ko po sa payslip nila, tapos may nakita po akong pangalan dun, yung pangalan na yun, nag-retire na daw po sila na kasamahan yun, tapos binabawas po sa sweldo nila

KS: Nagretire na

BV: Yung retirement fee po yata ng pangalan na nakasulat dun ibinabawas po sa kanila. Sa payslip po nila, sila po yung nagbabayad.

KS: Salbahe yun. Sa amin nga ginagawa ng isyu yung retiree na yung tao, ang gagawin nila, hindi nila kayang bigyan ng buo yung retirement fee, ang gagawin nila tatlong bigay o apat na bigay, hati hati post dated yung checks. Ginagawa naming issue yun. Dapat kako pag nagretiro ang tao, pinaplano na nya ang kanyang retirement kung saan nya ilalagay yung pera. So paano mo ipaplano yung patingitingi dapat ibinibigay ng buo yan. Dapat labanan ng unyon yan, labanan ng CBA yan. Dapat noon pa lang nilaban na yan para hindi na. Ano yang company na binabanggit mo?

BV: Pangasinan five star po yata yun

KS: Okay, mali yun. Dapat yun galing sa company.

BV: Ano pa po ba yung mga isyu ng mga draybers pa po natin?

KS: Ang pangunahing isyu ng ating mga drivers ngayon, ay yung usapin nga ng paano dapat kinikilala ng gobyerno as part sila nung planning ng mga kakalsadahan na dinadaan nila kung papano ang kanilang mga ruta. Kagaya nyan, nagpapatupad ang MMDA ng Segregation Scheme na ang gobyerno naman hindi man lang kinoconsider na as part ng planning body yung mga driver at konduktor na syang gumagamit ng kalye. Dapat tanungnin nila yung mga drayber at konduktor dahil yan ang araw araw na dumadaan dyan at hindi yang mga technocrats dyan na nakaupo ang dapat na asahan ng kanilang, nakaupo lang naman sila sa opisina. Dapat mismong on hand ng mga driver ang tanungnin nila kasi yan ang talagang nandyan araw araw. Tapos yung isa yung concern namin ngayon, yung

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 126 katiyakan sa trabaho. Kontractuwalisasyon, may three months na nga na pinapairal ang ibang mga kumpanya at yung pagtiyak na secured ang aming mga benepisyo at sahod. Yan ang pinaka-primary na concern namin sa ngayon. Sa kagiyat yan. Sa pangmatagalan ang gusto namin una, para maging stable ang presyo ng krudo, alisin ang oil deregulation law. Isabansa yung industriya ng langis. Dapat isapubliko ang operasyon ng transportatsyon.

BV: Ano po ng ibigsabihin nyo ng isapubliko ang operasyon ng transportasyon?

KS: Dapat, sabi nga estado ang namamahala sa serbisyo ng transportatsyon, hindi pribado. Kasi kapag pribado, nandun yung tendency ng capital na nangingibabaaw sa paggawa.

BV: Yun lang po

KS: Yun lang

BV: Maraming salamat!

FACEBOOK CONVERSATION Date: March, 13, 2013 Time: 11:15pm

BV: Magandang gabi po, Ka Sandy!

KS: Mangandang gabi din po. Kamusta?

BV: Malapit na po ako matapos sa thesis, may mga konting kulang na lang po. May itatanong pa nga po ako sa inyo, pero bago po iyon, pinadagdag po kasi sakin yung case ng Philippine Rabbit. Hindi pa daw po nabibigay yung sweldo nila ng 2 months na. Tapos nakakausap na po ako ng mga conduktor dun, contractual po sila, tapos hindi lahat ng drivers may benefits.

KS: Hindi na sila nag-ooperate diba?

BV: Mukhang active po sa unang unyon nila, yung PRBEU, kaso po medyo lumayo po sila sakin, hindi ko po alam kung bakit, preo mukhang may binabalak po ulit sila na strike. Nag-ooperate po sila, pero maskonting bus na lang po kasi nasheriff na yung iba. May mga kasama po ba kayo doon? Sana po maging matagumpay po sila sa pagkuha ng mga dapat ay para sa kanila.

KS: Ang alam ko kasi nasa NFL National Federeation of Labor sila, dilawan yun. Wala tayo tao dun. Pero malamang ang ibang feds natin my kontak dun.

BV: Yung una po nilang union independent po yun, yung PRBEU. Ngayon po ay PTGWO na po sila, affiliated sa TUCP

KS: Okay, usap uli tau para makakuha din ako ng information aboutt them.

BV: Actually, nakuha ko lang din po sa internet yun kasi pag tinatanong ko po sila sa Philippine Rabbit tungkol sa union nila, sinasabi nilang wala silang union. Hindi pa daw po nagco-collect ng union dues at marami pa daw po sila pinag-uusapan. Pero grabe po talaga yung walang kontrata ang mga driver na hindi "regular." Ang mga "regular" lang po sa kanila, yung may konting benefits, ay yung mga 23 years pataas na nagsstay sa Philippine Rabbit, mukhang mga member po ng PRBEU lang na nagstrike dati.

KS: Okay, mukhang nahati yung mga empleyado kaya nakapasok yung PTWGO.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 127 BV: Mukhang ganun na nga po. Ka Sandy, may isang tanong lang po ako.

KS: Sige, ano yun?

BV: Karugtong po ito ng interview natin dati. Ano na po ang kasalukuyang estado ng unyonismo sa hanay ng bus transport?

KS: Sa kasalukuyan, bunga ng matinding atake ng estado at kumpanya sa paguunyon sa bus at bunga ng mga negatibong karanasan noong mga 1990s up to 2005, ay maganit ang pag-uunyon sa bus. Bunga rin ng pagbagsak ng industriya dulot ng pagging import-dependent sa mga inputs, maraming operator ang maituturing na pambansang burgesya kaya may mga adjustments tayong gingawa. Hindi natin agad agad tinatayuan ng unyon lalo na kung wala pang kahandaan ang mga manggagawa. Sa ngayon iba’t ibang porma ang tinatayo natin. May association o coop. Pero hindi natin isinsantabi ang pag-uuyon. Kadalasan kasi, pag natunugan ng mga kumpanya na nagtatayo ng unyon, agad tinatanggal mga manggagawa

BV: Oo nga po, ganun na nga po kabilis magtanggal kasi wala din po silang kontrata na pinipirmahan. Kung meron mang kontrata, hindi sila binibigyan ng kopya. Ka sandy, NLM-Katipunan-PRBEU po yung Philippine Rabbit dati. Dilawan po ba yun?

KS: Oo ganun ginagawa nila. Ang pnakamahirap na karanasan ay ang hndi pgkilala ng mga management sa unyon. Dagdag pa ang pagpabor ng DOLE sa kumpanya kapag nag-strike ang manggagawa. Lahat nman halos ng mga unyon at feds na wala sa ilalim ng KMU ay dilawan.

BV: Grabe nga po ang pagpabor ng DOLE sa bus companies lalo na po sa Philippine Rabbit, kinasuhan pa sila ng illegal daw yung strike nila at maraming mga loopholes yung MOA nila. Ganun po ba, mukhang lahat nga po ng bus companies na napuntahan ko ay dilawan ang unyon kasi ang mga federation na kinabibilangan nila ay CFW, Obrero Pilipino at NLM.

KS: Karamihan ng unyon ngayn sa bus ay company ang nagtayo. Kundiman company nagtayo, mga dilawan na sadyang kinausap ng mga kumpanya para sila ang mgtayo at di makapsok ang mga tunay na union.

BV: Sadyang nakakalungkot po, pero kung dilawan nga po ang PRBEU, malaking hakbang po ang mga strike na nagawa nila noong 2002 at 2004 na talagang nakapagpahinto ng operations ng Philippine Rabbit kaso wala pa rin po nagawa ito, hindi kasing epektibo ng ginawa nila noong 1988.

KS: Itanong ko din sa mga kasama kung ano nga katangian ng PRBEU. Sige out na muna ako ha. May lakad pa bukas. Thanks.

BV: Sige po, tay. Maraming salamat po sa oras ninyo.

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 128 Appendix D: Provincial Bus Franchises Plying Metro Manila Source: LTFRB

NO. OF VICTORY LINER INC 5 SOLID NORTH TRANSIT INC 12 AUTHO. SANTRANS INC 10 MHEL BHEN MOTORS CORPORATION 15 NAME UNIT/S DAGUPAN BUS CO INC 15 PANGASINAN FIVE STAR BUS CO INC 12 MENCORP TRANSPORT SYSTEMS 10 PANGASINAN FIVE STAR BUS CO INC 5 PHILIPPINE RABBIT BUS LINES INC 8 INC PANGASINAN FIVE STAR BUS CO. 5 PHILIPPINE RABBIT BUS LINES INC 2 MENCORP TRANSPORT SYSTEMS 5 INC., PHILIPPINE RABBIT BUS LINES INC 1 INC PANGASINAN FIVE STAR BUS CO INC 3 PHILIPPINE RABBIT BUS LINES INC 2 MENCORP TRANSPORT SYSTEMS 9 PANGASINAN FIVE STAR BUS CO IN 5 PHILIPPINE RABBIT BUS LINES INC 2 INC FARIÑAS TRANS,INC. 10 PHILIPPINE RABBIT BUS LINES INC 1 DAGUPAN BUS CO INC 32 FIRST NORTH LUZON TRANSIT INC 1 PANGASINAN FIVE STAR BUS 15 MENCORP TRANS SYSTEMS 6 FIRST NORTH LUZON TRANSIT INC 1 COMPANY INC MENCORP TRANSPORT SYSTEMS 8 FIRST NORTH LUZON TRANSIT INC 2 F. FRANCO TRANS CO INC 5 INC LUZON CISCO TRANSPORT INC 1 F. FRANCO TRANS CO INC 7 EMC TRANSPORTATION INC 12 LUZON CISCO TRANSPORT INC 1 PHILIPPINE RABBIT BUS LINES INC 2 MENCORP TRANSPORT SYSTEMS 18 LUZON CISCO TRANSPORT INC 1 PARTAS TRANSPORTATION CO INC 12 INC LUZON CISCO TRANSPORT INC 1 PANGASINAN FIVE STAR BUS 40 GAVINA FLORENCIA 10 PANGASINAN FIVE STAR BUS CO INC 5 COMPANY INC PARTAS TRANSPORT CORP INCC 15 PANGASINAN FIVE STAR BUS CO INC 5 PHILIPPINE RABBIT BUS LINES INC 9 VIRON TRANSPORTATION CO INC 9 PANGASINAN FIVE STAR BUS CO INC 5 PARTAS TRANSPORTATION CO INC 16 VIRON TRANSPORTATION CO INC 4 PANGASINAN FIVE STAR BUS CO INC 5 PARTAS TRANSPORTATION CO INC 12 VIRON TRANSPORTATION CO INC 10 VICTORY LINER INC 1 DAGUPAN BUS COMPANY INC 8 PANGASINAN FIVE STAR BUS CO INC 18 VICTORY LINER INC 2 DAGUPAN BUS COMPANY INC 18 VICTORY LINER INC 26 VICTORY LINER INC 2 DAGUPAN BUS CO INC 30 PARTAS TRANS CO INC 10 VICTORY LINER INC 1 DAGUPAN BUS COMPANY INC 19 PARTAS TRANSPORTATION CO INC 12 VICTORY LINER INC 2 DAGUPAN BUS COMPANY INC 1 PARTAS TRANSPORATION CO INC 2 VICTORY LINER INC 1 HEIRS OF RODOLFO ANICETO 2 PARTAS TRANS CO INC 4 VICTORY LINER INC 1 VICTORY LINER INC 70 PANGASINAN FIVE STAR BUS CO INC 6 PANGASINAN FIVE STAR BUS CO INC 8 VICTORY LINER INC 25 PANGASINAN FIVE STAR BUS CO INC 10 PANGASINAN FIVE STAR BUS CO INC 2 SANTRANS INC 19 SUERTE MOTOR VEHICLE TOURS & 2 PANGASINAN FIVE STAR BUS CO INC 1 VIRON TRANSPORTATION CO INC 16 TRANS INC PANGASINAN FIVE STAR BUS CO INC 1 VIRON TRANSPORTATION COMPANY 16 PANGASINAN FIVE STAR BUS CO 8 PANGASINAN FIVE STAR BUS CO INC 1 INC FERMINA EXPRESS CORPORATION 10 PANGASINAN FIVE STAR BUS CO INC 1 VICTORY LINER INC 37 FERMINA EXPRESS CORPORATION 10 PANGASINAN FIVE STAR BUS CO INC 1 VICTORY LINER INC 37 FERMINA EXPRESS CORPORATION 10 PANGASINAN FIVE STAR BUS CO INC 1 VICTORY LINER INC 3 GENESIS TRANSPORT SERVICES INC 11 PANGASINAN FIVE STAR BUS CO INC 1 BALIWAG TRANSIT INC 2 G V FLORIDA TRANSPORT INC 1 PANGASINAN FIVE STAR BUS CO INC 1 LBS BUS LINES INC 3 G V FLORIDA TRANSPORT INC 1 PANGASINAN FIVE STAR BUS CO INC 2 DAGUPAN BUS CO INC 6 GENESIS TRANSPORT SERVICE INC 12 PANGASINAN FIVE STAR BUS CO INC 5 DAGUPAN BUS CO INC 3 PARTAS TRANSPORTATION CO INC 48 PANGASINAN FIVE STAR BUS CO INC 1 SAULOG TRANSIT INC 5 SANTRANS INC 10 PANGASINAN FIVE STAR BUS CO INC 1 RCJ BUS LINES 10 PARTAS TRANSPORTATION 7 PANGASINAN FIVE STAR BUS CO INC 1 SAULOG TRANSIT INC 8 COMPANY INC PANGASINAN FIVE STAR BUS CO INC 1 SAULOG TRANSIT INC 1 VICTORY LINER INC 46 PANGASINAN FIVE STAR BUS CO INC 1 SAULOG TRANSIT INC 1 CUE NORBERTO M SR 10 PANGASINAN FIVE STAR BUS CO INC 2 GAVINA FLORENCIA 3 FERMINA EXPRESS CORPORATION 14 PANGASINAN FIVE STAR BUS CO INC 4 VIRON TRANSPORTATION CO INC 4 PANGASINAN FIVE STAR BUS CO INC 4 PANGASINAN FIVE STAR BUS CO INC 1 VIRON TRANSPORTATION CO INC 4 FARINAS TRANS INC 4 PANGASINAN FIVE STAR BUS CO INC 1 F FRANCO TRANS CO INC 4 FARINAS TRANS INC 4 PANGASINAN FIVE STAR BUS CO INC 1 VIRON TRANSPORTATION CO INC 7 GENESIS TRANSPORT INC 20 PANGASINAN FIVE STAR BUS CO INC 2 VICTORY LINER INC 10 G V FLORIDA TRANSPORT INC 9 TRANSPORTPRO SERVICES INC 4 PHILIPPINE RABBIT BUS LINES INC 4 VICTORY LINER INC 22 TRANSPORTPRO SERVICES INC 3 PHILIPPINE RABBIT BUS LINES INC 1 RCF 3PL INC 8 TRANSPORTPRO SERVICES INC 3 PHILIPPINE RABBIT BUS LINES INC 2 G V FLORIDA TRANSPORT INC 10 VICTORY LINER INC 19 PANGASINAN FIVE STAR BUS 19 G V FLORIDA TRANSPORT INC 6 VICTORY LINER INC 3 COMPANY INC ANICETO RODOLFO AZURIN JR 7 VICTORY LINER INC 4 VIRON TRANSPORTATION CO INC 7 SANTRANS CORPORATION 10 VICTORY LINER INC 14 MARIA DE LEON TRANS CO INC 40 SANTRANS CORPORATION 10 VICTORY LINER INC 17 PANGASINAN FIVE STAR BUS CO INC 25 SANTRANS CORPORATION 10 VICTORY LINER INC 6 VIRON TRANSPORTATION CO INC 14 SANTRANS CORPORATION 10 VICTORY LINER INC 6 VIRON TRANSPORTATION COMPANY 20 PANGASINAN FIVE STAR BUS CO INC 20 VICTORY LINER INC 4 INC STA LUCIA EXPRESS BUS CO INC 14 VICTORY LINER INC 4 SANTRANS INC 10 STA LUCIA BUS CON INC 11 VICTORY LINER INC 4 WONG VICTOR 10 SOLID NORTH TRANSIT INC 11 DALIN LINER INC 18 SOLID NORTH TRANSIT INC 12 DALIN LEONCIO 9

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 129 RAYRAY JOHNNY (JUAN) B 9 UNIVERSAL GUIDING STAR BUS LINE 5 VICTORY LINER INC 2 DAGUPAN BUS COMPANY INC 9 INC VICTORY LINER INC 4 DAGUPAN BUS COMPANY INC 10 EVERLASTING TRANSPORT CO 5 VICTORY LINER INC 6 ANICETO RODOLFO F 2 DALIN BUS LINE INC 4 VICTORY LINER INC 1 BALIWAG TRANSIT INC 10 BALIWAG TRANSIT INC 7 VICTORY LINER INC 1 BALIWAG TRANSIT INC 4 G V FLORIDA TRANSPORT INC 2 VICTORY LINER INC 19 BALIWAG TRANSIT INC 3 G V FLORIDA TRANSPORT INC 5 VICTORY LINER INC 14 BALIWAG TRANSIT INC 3 G V FLORIDA TRANSPORT INC 2 VICTORY LINER INC 2 NORTHEAST LUZON BUS CO INC 6 VICTORY LINER INC 11 VICTORY LINER INC 14 LBS BUS LINES INC 4 GV FLORIDA TRANSPORT INC 10 VICTORY LINER INC 8 DANGWA TRANSPORTATION CO INC 10 GV FLORIDA TRANS[PORT INC 10 VICTORY LINER INC 31 F FRANCO TRANS CO INC 4 GV FLORIDA TRANSPORT INC 9 VICTORY LINER INC 14 RIVERA MARGARITO JR G 2 VICTORY LINER INC 2 VICTORY LINER INC 16 RIVERA MARGARITO JR G 1 VICTORY LINER INC 2 VICTORY LINER INC 2 AUTOBUS TRANSPORT SYSTEMS 6 VICTORY LINER INC 2 VICTORY LINER INC 1 INC VICTORY LINER INC 2 VICTORY LINER INC 5 VIVA TRANSIT CORP 8 VICTORY LINER INC 2 VICTORY LINER INC 2 VIVA TRANSIT CORP 10 VICTORY LINER INC 2 VICTORY LINER INC 7 DALIN LINER INC 7 VICTORY LINER INC 2 VICTORY LINER INC 3 PANGASINAN FIVE STAR BUS CO INC 2 VICTORY LINER INC 2 VICTORY LINER INC 10 PANGASINAN FIVE STAR BUS CO INC 4 VICTORY LINER INC 2 BALIWAG TRANSIT INC 30 PANGASINAN FIVE STAR BUS CO INC 8 VICTORY LINER INC 2 BALIWAG TRANSIT INC 7 BALLESTEROS BUS LINE CORP 4 VICTORY LINER INC 2 BALIWAG TRANSIT INC 6 AUTOBUS TRANSPORT SYSTEMS 3 VICTORY LINER INC 2 BALIWAG TRANSIT INC 19 INC VICTORY LINER INC 2 BALIWAG TRANSIT INC 8 AUTOBUS TRANSPORT SYSTEM INC 4 VICTORY LINER INC 2 BALIWAG TRANSIT INC 10 G V FLORIDA TRANSPORT INC 25 VICTORY LINER INC 2 BALIWAG TRANSIT INC 7 BALLESTEROS BUS LINES CORP 5 VICTORY LINER INC 2 BALIWAG TRANSIT INC 10 E S TRANSPORT INC 2 VICTORY LINER INC 2 BALIWAG TRANSIT INC 8 ES TRANSPORT INC 5 VICTORY LINER INC 2 BALIWAG TRANSIT INC 8 VICTORY LINER INC 2 VICTORY LINER INC 2 BALIWAG TRANSIT INC 2 DAGUPAN BUS CO INC 2 VICTORY LINER INC 4 BALIWAG TRANSIT INC 4 DAGUPAN BUS CO INC 2 VICTORY LINER INC 2 BALIWAG TRANSIT INC 3 DAGUPAN BUS CO INC 3 VICTORY LINER INC 2 BALIWAG TRANSIT INC 4 PANGASINAN FIVE STAR BUS CO INC 4 VICTORY LINER INC 2 BALIWAG TRANSIT INC 1 PANGASINAN FIVE STAR BUS CO INC 4 VICTORY LINER INC 2 BALIWAG TRANSIT INC 1 PANGASINAN FIVE STAR BUS CO INC 2 VICTORY LINER INC 2 BALIWAG TRANSIT INC 7 G V FLORIDA TRANSPORT INC 2 VICTORY LINER INC 2 BALIWAG TRANSIT INC 7 G V FLORIDA TRANSPORT INC 1 PANGASINAN FIVE STAR BUS CO INC 2 BALIWAG TRANSIT INC 7 BALLESTEROS BUS LINE CORP 2 PANGASINAN FIVE STAR BUS CO INC 1 BALIWAG TRANSIT INC 3 BALLESTEROS BUS LINE CORP 2 PANGASINAN FIVE STAR BUS CO INC 1 BALIWAG TRANSIT INC 4 BALLESTEROS BUS LINE CORP 1 ZAMORA REBECCA R 6 BALIWAG TRANSIT INC 6 BALLESTEROS BUS LINE CORP 1 SAMPAGUITA TRANS INC 9 BALIWAG TRANSIT INC 5 BALLESTEROS BUS LINE CORP 1 PHILIPPINE RABBIT BUS LINES INC 5 BALIWAG TRANSIT INC 6 BALLESTEROS BUS LINE CORP 1 PHILIPPINE RABBIT BUS LINES INC 2 BALIWAG TRANSIT INC 3 BALLESTEROS BUS LINE CORP 1 PHILIPPINE RABBIT BUS LINES INC 7 BALIWAG TRANSIT INC 2 BALLESTEROS BUS LINE CORP 1 PHILIPPINE RABBIT BUS LINES INC 6 BALIWAG TRANSIT INC 1 BALLESTEROS BUS LINE CORP 3 PHILIPPINE RABBIT BUS LINES INC 2 BALIWAG TRANSIT INC 2 BALLESTEROS BUS LINE CORP 3 PHILIPPINE RABBIT BUS LINES INC 11 BALIWAG TRANSIT INC 20 G V FLORIDA TRANSPORT INC 15 PHILIPPINE RABBIT BUS LINES INC 10 BALIWAG TRANSIT INC 9 G V FLORIDA TRANSPORT INC 9 PHILIPPINE RABBIT BUS LINES INC 17 BALIWAG TRANSIT INC 6 G V FLORIDA TRANSPORT INC 6 PHILIPPINE RABBIT BUS LINES INC 10 BALIWAG TRANSIT INC 2 G V FLORIDA TRANSPORT INC 6 PHILIPPINE RABBIT BUS LINES INC 24 BALIWAG TRANSIT INC 5 G V FLORIDA TRANSPORT INC 2 PHILIPPINE RABBIT BUS LINES INC 5 BALIWAG TRANSIT INC 10 G V FLORIDA TRANSPORT INC 3 PHILIPPINE RABBIT BUS LINES INC 1 BALIWAG TRANSIT INC 6 BALLESTEROS BUS LINE CORP 1 PHILIPPINE RABBIT BUS LINES INC 2 BALIWAG TRANSIT INC 19 G V FLORIDA TRANSPORT INC 6 PHILIPPINE RABBIT BUS LINES INC 6 BALIWAG TRANSIT INC 10 ALEJANDRO ARLEEN 4 PHILIPPINE RABBIT BUS LINES INC 8 BALIWAG TRANSIT INC 5 ALEJANDRO ARLEEN 4 PHILIPPINE RABBIT BUS LINES INC 7 BALIWAG TRANSIT INC 10 PARTAS TRANSPORTATION CO INC 7 PHILIPPINE RABBIT BUS LINES INC 5 BALIWAG TRANSIT INC 9 IMAYAHO RAFAEL B 10 SAULOG TRANSIT INC 29 BALIWAG TRANSIT INC 6 PANGASINAN FIVE STAR BUS CO INC 1 SAULOG TRANSIT INC 9 BALIWAG TRANSIT INC 7 PANGASINAN FIVE STAR BUS CO INC 3 SAULOG TRANSIT INC 8 BALIWAG TRANSIT INC 4 G V FLORIDA TRANSPORT INC 10 SIERRA MADRE TRANSPORTATION 4 BALIWAG TRANSIT INC 5 G V FLORIDA TRANSPORT INC 10 CO INC BALIWAG TRANSIT INC 4 G V FLORIDA TRANSPORT INC 9 VICTORY LINER INC 8 BALIWAG TRANSIT INC 4 G V FLORIDA TRANSPORT INC 10 VICTORY LINER INC 12 BALIWAG TRANSIT INC 5 G V FLORIDA TRANSPORT INC 10 VICTORY LINER INC 10 BALIWAG TRANSIT INC 9 G V FLORIDA TRANSPORT INC 10 VICTORY LINER INC 42 BALIWAG TRANSIT INC 1 GUARDIAN ANGELS BUS LINE INC 5 VICTORY LINER INC 5 BALIWAG TRANSIT INC 5

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 130 PANGASINAN FIVE STAR BUS 30 FERMINA EXPRESS CORP 3 JAC LINER INC 10 COMPANY INC RJ EXPRESS INC 19 JAC LINER INC 10 SIERRA MADRE TRANSPORTATION 7 FIRST NORTH LUZON TRANSIT INC 7 CALLEJAS ANGELINA 15 CO INC FIRST NORTH LUZON TRANSIT INC 3 PHILTRANCO SERVICE 2 GENESIS TRANSPORT SERVICE INC 12 GENESIS TRANSPORT SERVICE INC 8 ENTERPRISES INC GENESIS TRANSPORT SERVICE INC 6 GENESIS TRANSPORT SERVICE INC 15 SUPERLINES TRANSPORTATION CO 5 VICTORY LINER INC 15 ES TRANSPORT INC 5 INC BALIWAG TRANSIT INC 30 GOLDEN BEE TRANSPORT & 15 PHILTRANCO SERVICE 4 PANGASINAN FIVE STAR BUS CO INC 12 LOGISTICS CORP ENTERPRISES INC VICTORY LINER INC 6 VICTORY LINER INC 10 SAULOG TRANSIT INC 4 BALIWAG TRANSIT INC 5 GOLDEN BEE TRANSPORT & 5 SAULOG TRANSIT INC 65 GERMAN ESPIRITU LINER INC 23 LOGISTICS CORP SAULOG TRANSIT INC 7 BALIWAG TRANSIT INC 5 FIRST NORTH LUZON TRANSIT INC 10 JAM TRANSIT INC 10 BALIWAG TRANSIT INC 9 FIRST NORTH LUZON TRANSIT INC 3 SIMUNDAC ALADIN A 15 BALIWAG TRANSIT INC 20 VICTORY LINER INC 15 ARICAYOS ANTONIA B 1 SAMPAGUITA TRANS INC 10 HERMOGENES ROWENA C 13 CALLEJAS ANGELINA 1 SUPERLINES TRANSPORTATION CO 10 NEW RL TRANSPORT CORP 10 PICAZO DANILO 2 INC LUZON CISCO TRANSPORT INC 25 SILVERIO EMERSON M 2 VILLANUEVA LEILA 2 GOLDEN BEE TRANSPORT & 6 JAM TRANSIT INC 5 PHILIPPINE RABBIT BUS LINES INC 5 LOGISTIC CORP JAM TRANSIT INC 5 BALIWAG TRANSIT INC 4 FIRST NORTH LUZON TRANSIT INC 6 BAES CEFERINO S 11 PHILIPPINE RABBIT BUS LINES INC 11 FIRST NORTH LUZON TRANSIT INC 5 SUPERLINES TRANSPORTATION CO 10 PHILIPPINE RABBIT BUS LINES INC 8 FIRST NORTH LUZON TRANSIT INC 4 INC BALIWAG TRANSIT INC 16 FIRST NORTH LUZON TRANSIT INC 5 VILLANUEVA FRANCISCO A 3 GERMAN ESPIRITU LINER INC 16 PANGASINAN FIVE STAR BUS CO INC 20 PRUDENTE LUCITA C 1 GENESIS TRANSPORT SERVICE INC 6 G.V. FLORIDA TRANSPORT IN 10 SUPERLINES TRANSPORTATION CO 5 GENESIS TRANSPORT SERVICE INC 10 FIRST NORTH LUZON TRANSIT INC 20 INC BALIWAG TRANSIT INC 23 PANGASINAN FIVE STAR BUS CO. 5 AYOS GEMINIANO D 2 BALIWAG TRANSIT INC 18 INC., SUPERLINES TRANSPORTATION CO 10 ANGAT ROVAL TRANSIT INC 10 PANGASINAN FIVE STAR BUS CO. 41 INC RJ EXPRESS INC 2 INC., SUPERLINES TRANSPORTATION CO 5 RJ EXPRESS INC 4 PANGASINAN FIVE STAR BUS CO. 3 INC RJ EXPRESS INC 1 INC., VALENZUELA ISAGANI 2 RJ EXPRESS INC 13 PANGASINAN FIVE STAR BUS CO. 4 VILLENA EUSEBIO & MIRIAM 2 RJ EXPRESS INC 5 INC., BOCALAN MALAYA J 2 PEREZ EVELYN 15 PANGASINAN FIVE STAR BUS CO. 3 BBL TRANS SYSTEM INC 3 GENESIS TRANSPORT SERVICE INC 10 INC., BBL TRANS SYSTEM INC 3 PANGASINAN FIVE STAR BUS CO INC 16 JKJ TRANSIT EXPRESS CORP 5 JAM TRANSIT INC 15 E S TRANSPORT INC 18 BATAAN TRANSIT CO INC 15 BBL TRANS SYSTEM INC 3 PANGASINAN FIVE STAR BUS CO INC 8 FIRST NORTH LUOZN TRANSIT INC 15 BBL TRANS SYSTEM INC 15 PANGASINAN FIVE STAR BUS CO INC 8 VICTORY LINER INC 13 TRITRAN INC 4 YAMBAO CHRISTOPHER LAWRENCE 4 FIRST NORTH LUZON TRANSIT INC 10 SAULOG TRANSIT INC 6 P FIRST NORTH LUZON TRANSIT INC 1 LUPISAN FELIX M 1 VIVA TRANSIT CORPORATION 12 LUZON CISCO TRANSPORT INC 1 SOSA ASUNCION 1 NEW RL TRANSPORT CORPORATION 5 LUZON CISCO TRANSPORT INC 1 RAMIREZ MARCIAL V (HEIRS OF) 3 PANGASINAN FIVE STAR BUS COINC 5 BATAAN TRANSIT CO INC 2 SORIANO JESSIE C 1 PANGASINAN FIVE STAR BUS CO INC 5 BATAAN TRANSIT CO INC 1 CESA LOLITA A 2 BATAAN TRANSIT CO INC 1 VICTORY LINER INC 2 CESA LOLITA A 1 BATAAN TRANSIT CO INC 1 PANGASINAN FIVE STAR BUS CO INC 1 INTESTATE ESTATE OF LEONIDES 2 NEW RL TRANSPORT CORPORATION 5 PANGASINAN FIVE STAR BUS CO INC 1 ESQEJO BATAAN TRANSIT CO INC 23 PANGASINAN FIVE STAR BUS CO INC 1 DAZO TRISTAN S 2 BATAAN TRANSIT CO INC 5 GOLDEN BEE TRANSPORT & 5 MANAS ELEUTERIO 2 BATAAN TRANSIT CO INC 18 LOGISTICS CORP BOCALAN MALAYA J 2 BATAAN TRANSIT CO INC 13 AYOS GEMINIANO D 1 ESCOBAR SILVINO A AND YOLANDA 3 BATAAN TRANSIT CO INC 12 AYOS GEMINIANO D 18 M PANGASINAN FIVE STAR BUS CO INC 5 BAYOT ANGELES 9 OCAMPO ORLANDO F 1 PANGASINAN FIVE STAR BUS CO INC 10 BOCALAN ANITA 10 CESA MA LOLITA 1 BATAAN TRANSIT CO INC 11 CALLEJAS ANGELINA 10 ARICAYOS ANTONIA B 1 ES TRANSPORT INC 4 CALLEJAS ANGELINA 5 MORAÑA RODELIO C 1 PANGASINAN FIVE STAR BUS CO INC 10 CESA MA LOLITA A 2 PAPA LEONARDO M 5 SANTRANS INC 10 CHITO BARNEY D 4 PERILLO DIOSDADO 1 GENESIS TRANSPORT SERVICE INC 26 ESTACION MARCELINO B (HEIRS OF) 8 ORTIZ MARCELINA M 1 E S TRANSPORTATION INC 4 HERNANDEZ CORNELIO B 1 SAULOG TRANSIT INC 5 FIRST NORTH LUZON TRANSIT INC 13 MAGTIBAY VALERIANO B 1 BAUTISTA AUGUSTO O 2 PANGASINAN FIVE STAR BUS CO INC 5 SIERRA REGINA M 7 BBL TRANS SYSTEM INC 5 FIRST NORTH LUZON TRANSIT INC 20 SOLIS TEODORO J 9 CENDAÑA NORMANDO V 2 PANGASINAN FIVE STAR BUS CO., 4 VILLAVERDE JUANITO N 2 MADRIAGA MELCHOR A 1 INC. BAYOT ANGELES D 3 ERNI ROMEO G 2 PHILTRANCO SERVICE 20 TRITRAN INC 4 SERRANO TOMASITO A 3 ENTERPRISES INC PERILLO DIOSDADO 1 FABAY TITO G 2

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 131 DEL CASTILLO MA DIVINA SUSANA V 4 LUCENA LINES INC. 10 CORP CUEVAS RICARDO E 1 LUCENA LINES INC. 10 PAPE CORPORATION 5 PAPA LEONARDO M 15 H M TRANSPORT INC 60 SANTERA ZOSIMO PRODIGALIDAD 15 FOJAS CESAR J 1 N DELA ROSA LINER INC 5 LAGUNA EXPRESS INC 8 BAES CEFERINO S 10 N DELA ROSA LINER INC 4 LAGUNA EXPRESS INC 4 N DELA ROSA LINER INC 10 N DELA ROSA LINER INC 6 VILLENA EUSEBIO 1 PRUDENTE LUCITA C 1 BENGALA ALVINE G 1 GREEN STAR EXPRESS INC 11 PALUSTRE GENITA 1 SOUTHERN CARRIER CO INC 23 CALAMBA MEGATRANS INC 5 AGUADO OSCAR C 1 SAINT ANTHONY OF PADUA TRANS 7 CALAMBA MEGATRANS INC 6 SAINT ROSE TRANSIT INC 10 SYSTEM INC BATANGAS STAREXPRESS 10 SAINT ROSE TRANSIT INC 10 CRUTO BASILIA 1 CORPORATION OLARVE ROLANDO G 1 JAM LINER INC 12 GREEN STAR EXPRESS INC 40 PAPA LEONARDO M 10 JAM LINER INC 4 GREEN STAR EXPRESS INC 10 EASTERN METROPOLITAN BUS 7 JAM LINER INC 5 VILLENA EUSEBIO & MIRIAM (SPS) 5 CORPORATION JAM LINER INC 5 CHITO BARNEY D 10 BOCALAN EDMOND J 1 JAM LINER INC 16 BALIBAGO BUS LINE INC 2 EASTERN METROPOLITAN BUS 10 JAM LINER INC 1 BOCALAN ARIEL 1 CORP JAM LINER INC 10 BOCALAN ARIEL 1 BONUS NICOMEDES L 1 JAM LINER INC 5 N DELA ROSA LINER INC 10 OLARVE ROLANDO G 1 JAM LINER INC 14 FLORALDE LOLITA 1 VILLENA EUSEBIO 2 JAM LINER INC 5 KL CNG BUS TRANSPORT 12 KALAGAYAN NOEL 1 JAM LINER INC 17 CORPORATION BOCALAN ARIEL 2 JAM LINER INC 20 CALAMBA MEGATRANS INC 20 SUSTAL SUSAN 1 CENTENO ARISTOTLE 1 ALANO JAIME R 1 SOSA ASUNCION 1 JAM LINER INC 23 ALPS THE BUS INC 20 BAYOT ANGELES 20 SAN AGUSTIN SHUTTLE SEVICE 5 KL CNG BUS TRANSPORT 12 FERAER BONIFACIO B 18 CORPORATION CORPORATION CALLEJAS ANGELINA 10 JAM LINER INC 4 SAN AGUSTIN TRANSPORT SERVICE 10 ORTAÑEZ FLOR 1 GRAND STAR COACH BUS CO INC 10 CORP DATILES MIGUEL 1 BAL TRANSPORT CORPORATION 9 ERJOHN & ALMARK TRANSIT CORP 10 COLMENAR BALTAZAR N 1 CAVITE BATANGAS TRANSPORT 4 BATANGAS STAREXPRESS CORP 21 DONDOYANO CHERRY B 1 SERVICE COOP SAN AGUSTIN TRANSPORT SERVICE 20 BAYOT ARMANDO 2 CAVITE BATANGAS TRANSPORT 15 CORP DIMARANAN MONTANO 4 SERVICE COOP VILLENA EUSEBIO & MIRIAM (SPS) 1 SANTOS NILA P 1 CAVITE BATANGAS TRANSPORT 15 BOCALAN ARIEL A 4 SANTOS NILA 1 SERVICE COOP BOCALAN ARIEL A 1 BONUS NICOMEDES L 3 CAVITE BATANGAS TRANSPORT 20 FLORES AVELINA R 1 ESCOBAR SILVINO & YOLANDA (SPS) 15 SERVICE COOP SAN AGUSTIN TRANSPORT SERVICE 15 LAGUARDIA NILO S 1 SAN AGUSTIN TRANSPORT SERVICE 8 CORP H M TRANSPORT INC 16 CORP SAN AGUSTIN TRANSPORT SERVICE 20 ERNI JOSE 1 PALUMPON ANASTACIO 1 CORP METRO COASTAL BUS LINES INC 20 GRAND STAR COACH BUS CO INC 17 VILLENA EUSEBIO & MIRIAL (SPS) 1 ALEGRE NUMERIO LITO 2 LUCENA LINES INC 2 SAINT ANTHONY OF PADUA 12 PAILANAN LEONILA B 1 JAM LINER INC 2 TRANSPORT SYSTEM ESTACION MARCELINO JR G 1 GRAND STAR COACH BUS CO INC 1 SUSTAL SUSAN N 1 SAN AGUSTIN TRANSPORT SERVICE 5 GRAND STAR COACH BUS CO INC 6 JAC LINER INC 15 CORP JAM LINER INC 24 ERJOHN & ALMARK TRANS CORP 13 TORRES DANILO 1 CAVITE BATANGAS TRANSPORT 10 VILLENA BUS LINES INC 1 CONSIGO PERCILITO P 1 SERVICE COOP BOCALAN ARIEL A 1 VILLANUEVA FRANCISCO 1 JAM LINER INC 10 ANACAN MARILY & PETRONIO (SPS) 4 RRCG TRANSPORT SYSTEM CO INC 6 CAMPANO FELINA CENIZAL 1 CERES TRANSPORT INC 20 SAN AGUSTIN TRANSPORT SERVICE 5 ARICAYOS ANTONIA 1 EAGLESTAR TRANSIT CORP 10 CORP DE OCAMPO DIOSCORO 1 EAGLESTAR TRANSIT CORP 10 SAINT ANTHONY OF PADUA 8 H M TRANSPORT INC 4 EAGLESTAR TRANSIT CORP 10 TRANSPORT SYSTEM PERLADO EUFEMIA R 13 NAPAT HILBERT S 10 MRR TRANSPORT INC 19 A & B LINER INC 5 CERES TRANSPORT INC 15 BAUTISTA GODOFREDO 1 FRANCISCO REYNALDO N 1 VILLENA BUS LINES INC 1 DELA ROSA EXPRESS INC 2 PERILLO DISODADO C 1 VILLENA BUS LINES INC 2 DELA ROSA EXPRESS INC 2 GREEN STAR EXPRESS INC 3 WORTHY TRANSPORT INC 13 JAM TRANSIT INC 15 GREEN STAR EXPRESS INC 3 GOLDEN DRAGON BUS LINER INC 6 SANTOS ARMI A 1 GREEN STAR EXPRESS INC 1 CERES TRANSPORT INC 15 MARJES MARIO O 1 LUCENA LINES INC 6 GRAND STAR COACH BUS CO INC 3 JAM TRANSIT INC 10 GRAND STAR COACH BUS CO INC 2 GRAND STAR COACH BUS CO INC 9 ST ANTHONY OF PADUA TRANSPORT 8 CENIZAL RONAN B 2 GREEN STAR EXPRESS INC 5 SYSTEM INC CENIZAL RONAN B 3 GREEN STAR EXPRESS INC 5 CABRAL ANGELITO L 1 PAPE CORPORATION 20 GREEN STAR EXPRESS INC 2 GREEN STAR EXPRESS INC 16 SAN AGUSTIN TRANSPORT SERVICE 3 ERJOHN & ALMARK TRANSIT 17 PERENA LIBERATA A 2 CORP CORPORATION MANDIGMA LUIS A 4 JASPER JEAN SERVICES INC 5 ERJOHN & ALMARK TRANSIT CORP 8 PERILLO DIOSDADO 1 SAN AGUSTIN TRANSPORT SERVICE 5 LUCENA LINES INC 2

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 132 JAC LINER INC 26 DEL MONTE MOTOR WORKS INC 9 DEL MONTE MOTOR WORKS INC 1 CERES TRANSPORT INC 9 DEL MONTE MOTOR WORKS INC 5 DEL MONTE MOTOR WORKS INC 2 GREEN STAR EXPRESS INC 5 DEL MONTE MOTOR WORKS INC 7 DEL MONTE MOTOR WORKS INC 1 GREEN STAR EXPRESS INC 10 ANACAN PETRONIO & MARILYN SPS 1 SAINT ROSE TRANSIT INC 6 BATMAN STAREXPRESS 4 CALAMBA MEGATRANS INC 8 DEL MONTE MOTOR WORKS INC 5 CORPORATION LATINA MINERVA G 1 DEL MONTE MOTOR WORKS INC 1 BATMAN STAREXPRESS 10 BBL SYSTEM INC 5 DEL MONTE MOTOR WORKS INC 1 CORPORATION BBL TRANS SYSTEM INC 5 PHILTRANCO SERVICE 1 CHITO EDWIN D 6 SAN AGUSTIN TRANS SERVICE CORP 20 ENTERPRISES INC BATMAN STAREXPRESS 20 JACLINER INC 10 PHILTRANCO SERVICE 4 CORPORATION SANTOS NILA P 1 ENTERPRISES INC BBL TRANS SYSTEM INC 5 ALONZO NENITA N 1 PHILTRANCO SERVICE 4 BBL TRANS SYSTEM INC 15 LEGASPI ANGELA N 1 ENTERPRISES INC JASPER JEAN LINER INC 7 JAM TRANSIT INC 5 PHILTRANCO SERVICE 4 OCCIDENTAL MINDORO TRANSPORT 2 SOUTH POINT CARRIER BUS CO INC 20 ENTERPRISES INC SERVICECOOP VILANUEVA LIGAYA V 1 PHILTRANCO SERVICE 10 OCCIDENTAL MINDORO TRANSPORT 10 PERILLO DIOSDADO 1 ENTERPRISES INC SERVICECOOP ROROBUS TRANSPORT SERVICES 15 PHILTRANCO SERVICE 7 VILLENA BUS LINES INC 1 INC ENTERPRISES INC SOSA ASUNCION J 1 SOUTH POINT CARRIER BUS CO INC 20 PHILTRANCO SERVICE 2 NAPAT HILBERT S 18 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC CHER TRANSPORT CORP 10 ALONZO NENITA N 2 PHILTRANCO SERVICE 2 BBL TRANS SYSTEM INC 15 SOUTH POINT CARRIER BUS CO INC 20 ENTERPRISES INC PERILLO DIOSDADO C 1 ALPS THE BUS INC 24 PHILTRANCO SERVICE 6 GREEN STAR EXPRESS INC 10 BOCALAN ARIEL A 5 ENTERPRISES INC MINDANAO EXPRESS 2009, INC 20 DEL MONTE MOTOR WORKS INC 35 PHILTRANCO SERVICE 2 NICHOLAS ALBERT TRANS CORP 20 DEL MONTE MOTOR WORKS INC 3 ENTERPRISES INC JOANNAJESH TRANSPORT CORP 20 DEL MONTE MOTOR WORKS INC 2 PHILTRANCO SERVICE 3 JAM LINER INC 10 DEL MONTE MOTOR WORKS INC 5 ENTERPRISES INC JAM LINER INC 10 AAB BUS LINES INC 1 PHILTRANCO SERVICE 2 ERJOHN & ALMARK TRANSIT CORP 20 GRANDSTAR COACH BUS CO INC 9 ENTERPRISES INC REGAL STARLINER TRANSPORT 6 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 SERVICES INC DEL MONTE MOTOR WORKS INC 2 ENTERPRISES INC GREPO MARCH A 1 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 8 NAPAT HILBERT S 10 DEL MONTE MOTOR WORKS INC 2 ENTERPRISES INC BATMAN STAREXPRESS CORP 20 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 4 CENIZAL RONAN B 5 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC BATMAN STAREXPRESS 21 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 4 CORPORATION DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC REGAL STARLINER TRANSPORT 8 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 SERVICES INC DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC REGAL STARLINER TRANSPORT 2 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 SERVICES INC DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC WORTHY TRANSPORT INC 20 DEL MONTE MOTOR WORKS INC 2 PHILTRANCO SERVICE 6 BOCALAN ARIEL A 5 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC BONUS NICOMEDES L 1 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 11 JAC LINER INC 5 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC LUCENA LINES INC 10 DEL MONTE MOTOR WORKS INC 2 PHILTRANCO SERVICE 2 JAM LINER INC 10 DELMONTE MOTOR WORKS INC 1 ENTERPRISES INC CHITO EDWIN & CHITO LEONILA 10 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 (SPS) DEL MONTE MOTOR WORKS INC 2 ENTERPRISES INC SAINT ANTHONY OF PADUA SYSTEM 10 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 INC DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC ERJOHN & ALMARK TRANSIT CORP 20 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 6 CHITO EDWIN & CHITO LEONILA 7 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC (SPS) DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 4 ALPS THE BUS INC 50 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC LUCENA LINES INC 10 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 6 REGAL STARLINER TRANSPORT 10 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC SERVICES INC DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 ALPS THE BUS INC 25 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC PAPA LEONARDO M 4 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 4 CAYAO GERONIMO C 1 DEL MONTE MOTOR WORKS INC 6 ENTERPRISES INC DEL MONTE MOTOR WORKS INC 10 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 DEL MONTE MOTOR WORKS INC 3 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC DEL MONTE MOTOR WORKS INC 2 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 2 DEL MONTE MOTOR WORKS INC 10 DEL MONTE MOTOR WORKS INC 1 ENTERPRISES INC DEL MONTE MOTOR WORKS INC 4 DEL MONTE MOTOR WORKS INC 1 ESCOBAR SILVINO & YOLANDA M 10 DEL MONTE MOTOR WORKS INC 14 DEL MONTE MOTOR WORKS INC 1 SPS DEL MONTE MOTOR WORKS INC 3 DEL MONTE MOTOR WORKS INC 1 PHILTRANCO SERVICE 8

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 133 ENTERPRISES INC BRON ANTONINA A 1 BELLEZA EDSEL B 5 PHILTRANCO SERVICE 2 ARANDIA ALAN R 3 BELLEZA EDSEL B 2 ENTERPRISES INC MADRID ANDRES A 1 BELLEZA EDSEL B 1 PHILTRANCO SERVICE 3 MADRID ANDRES A 1 BONAOBRA EVANGELINE B 5 ENTERPRISES INC MADRID ANDRES A 2 BONAOBRA EVANGELINE B 4 PHILTRANCO SERVICE 3 VOLANTE ROLANDO 2 ELAVIL TOURS PHILS INC 10 ENTERPRISES INC VOLANTE ROLANDO 2 DAET AUTO EXPRESS TRANSIT 6 PHILTRANCO SERVICE 2 LAM CAROLINA U 10 DAET AUTO EXPRESS TRANSIT 13 ENTERPRISES INC LAM CAROLINA U 8 MINDANAO EXPRESS 2009 INC 10 PHILTRANCO SERVICE 3 CAGSAWA TRAVEL AND TOURS INC 5 DEL MONTE MOTOR WORKS INC 3 ENTERPRISES INC RAMIREZ HERMAN M 1 DEL MONTE MOTOR WORKS INC 2 PHILTRANCO SERVICE 13 RAMIREZ HERMAN M 1 DEL MONTE MOTOR WORKS INC 3 ENTERPRISES INC RAMIREZ HERMAN M 4 DEL MONTE MOTOR WORKS INC 4 PHILTRANCO SERVICE 2 F/E TWIN HEART TRANS CORP 5 DEL MONTE MOTOR WORKS INC 2 ENTERPRISES INC SUPERLINES TRANSPORT CO INC 4 DEL MONTE MOTOR WORKS INC 12 PHILTRANCO SERVICE 2 ESCOBAR SILVINO/YOLANDA (SPS) 5 DEL MONTE MOTOR WORKS INC 2 ENTERPRISES INC ESCOBAR SILVINO/YOLANDA (SPS) 5 DEL MONTE MOTOR WORKS INC 6 BUBAN SOCORRO M 6 BUBAN SOCORRO M 6 DEL MONTE MOTOR WORKS INC 6 PHILTRANCO SERVICE 1 BUBAN SOCORRO M 1 DEL MONTE MOTOR WORKS INC 9 ENTERPRISES INC BUBAN SOCORRO 5 DEL MONTE MOTOR WORKS INC 12 PHILTRANCO SERVICE 2 ARANDIA ALAN R 2 DEL MONTE MOTOR WORKS INC 9 ENTERPRISES INC ARANDIA ALAN R 4 DIAZ ROBERTO U 18 GOLD LINE TOURS INCORPORATION 2 BRON MAGIN/ANTONINA (SPS) 3 VOLANTE ROLANDO 6 AMIHAN BUS LINES INC 10 BRON MAGIN/ANTONINA (SPS) 5 BOBIS FELIXBERTA 10 SUPERLINES TRANSPORTATION CO 6 BRON MAGIN/ANTONINA (SPS) 1 ESCOBAR SILVINO/YOLANDA(SPS) 3 INC BRON MAGIN/ANTONINA (SPS) 1 BRAGAIS CARMEN 4 SUPERLINES TRANSPORTATION CO 3 VILLAMONTE ADOLFO 1 BRAGAIS CARMEN B 2 INC VILLAMONTE ADOLFO 5 ARANDIA ALAN 2 EXECUTIVE CARRIERS SERVICES 10 F/E TWIN HEARTS TRANS CORP 1 ARANDIA ALAN 5 INC JYQ LINES INC 2 BICOL ISAROG TRANSPORT SYSTEM 10 SUPERLINES TRANSPORTATION CO 35 TANTIADO RENATO 1 INC INC TANTIADO RENATO 1 BICOL ISAROG TRANSPORT SYSTEM 6 GOLDLINE TRANSIT INC 4 MEGA BUS LINES CORP 3 INC GOLDLINE TRANSIT INC 4 CAGSAWA TRAVEL & TOURS INC 4 BICOL ISAROG TRANSPORT SYSTEM 9 TABACO WOMEN TRANSPORT 5 JYQ LINE INCORPORATED 3 INC SERVICE COOP INC BOBIS FELIXBERTA 2 BICOL ISAROG TRANSPORT SYSTEM 10 TABACO WOMEN TRANSPORT 3 VILLARIÑA RENE CELSO 1 INC SERVICE COOP INC BOBIS FELIXBERTA 2 BONAOBRA EVANGELINE 5 TABACO WOMEN TRANSPORT 4 BOBIS FELIXBERTA 1 PENAFRANCIA TOURS & TRAVEL 10 SERVICE COOP INC VOLANTE ROLANDO 2 TRANSPORT INC AMIHAN BUS LINES INC 16 VOLANTE ROLANDO 2 ST RAFAEL TRANSPORT LINES INC 5 PHILTRANCO SERVICE 4 BUBAN SOCORRO 3 OUR LADY OF SALVACION BUS LINES 2 ENTERPRISES INC LUCENA LINES INC 2 INC PEÑAFRANCIA TOURS & TRAVEL 3 PEÑAFRANCIA TOURS & TRAVEL 4 BUCAY PERFECTO 1 TRANSPORT INC TRANSPORT INC BUCAY PERFECTO 1 ESCOBAR SILVINO & YOLANDA SPS 5 PEÑAFRANCIA TOURS & TRAVEL 1 BUCAY PERFECTO 1 ESCOBAR SILVINO & YOLANDA M 5 TRANSPORT INC OUR LADY OF SALVACION BUS LINES 12 SPS PEÑAFRANCIA TOURS & TRAVEL 2 INC ESCOBAR SILVINO & YOLANDA (SPS) 16 TRANSPORT INC OUR LADY OF SALVACION BUS LINES 6 JVH TRANSPORT LTD CO 15 PEÑAFRANCIA TOURS & TRAVEL 4 INC ESCOBAR SILVINO/YOLANDA(SPS) 5 TRANSPORT INC ST RAFAEL TRANSPORT LINES INC 15 ESCOBAR SILVINO/YOLANDA (SPS) 5 PEÑAFRANCIA TOURS & TRAVEL 2 DEL MONTE MOTOR WORKS INC 9 ESCOBAR SILVINO/YOLANDA(SPS) 5 TRANSPORT INC DEL MONTE MOTOR WORKS INC 12 ESCOBAR SILVINO/YOLANDA (SPS) 5 PEÑAFRANCIA TOURS & TRAVEL 2 BRAGAIS CARMEN A 5 BEA LINER INC 4 TRANSPORT INC DEL MONTE MOTOR WORKS INC 1 AMIHAN BUS LINES INC 16 PEÑAFRANCIA TOURS & TRAVEL 2 DEL MONTE MOTOR WORKS INC 1 BRAGAIS ABELARDO A 2 TRANSPORT INC DEL MONTE MOTOR WORKS INC 2 BRON ANTONINA C & BRON MAGIN P 5 ELAVIL TOURS PHILS INC 5 DEL MONTE MOTOR WORKS INC 1 JR ELAVIL TOURS PHILS INC 2 ELAVIL TOURS PHILS INC 6 ALPS THE BUS INC 20 ESCOBAR SILVINO/YOLANDA (SPS) 10 BIÑAS JOSEFINA V 3 ESCOBAR SILVINO & YOLANDA (SPS) 5 LOBRIGO LINES INC 5 NAPAT HILBERT S 10 CAGSAWA TRAVEL & TOURS INC 5 BRAGAIS CARMEN B 1 PHILTRANCO SERVICE 14 BEA LINER INCORPORATED 6 ELAVIL TOURS PHILS INC 1 ENTERPRISES INC CAGSAWA TRAVEL & TOURS INC 4 ELAVIL TOURS PHILS INC 1 ALPS THE BUS INC 50 CAGSAWA TRAVEL & TOURS INC 3 ELAVIL TOURS PHILS CORP 1 CANDO JIMMY Q (HEIRS) 20 BRAGAIS CARMEN B 3 ESCOBAR SILVINO & YOLANDA SPS 10 NAPAT HILBERT S 5 BRAGAIS CARMEN B 2 BONAOBRA EVANGELINE B 3 RRCG TRANSPORT SYSTEM CO. 14 BRON ANTONINA A 1 CEM TRANSPORT SERVICES INC 4 INC., BRON ANTONINA A 1 ESCOBAR SILVINO/YOLANDA SPS 10 MALACAD JULIA L 1 BRON ANTONIA A 1 BELLEZA EDSEL B 1 MALACAD JULIA 1

Labor Conditions of Bus Drivers in the Major Provincial Bus Companies in the Philippines | 134 MALACAD JULIA 2 ENTERPRISES INC YAPUT IRENEO A 10 MALACAD JULIA 1 LAM CAROLINA U 10 CEM TRANSPORT SERVICES INC 10 NAPAT HILBERT S 10 PHILTRANCO SERVICE 4 DEL MONTE MOTOR WORKS INC 2 CUSI LEO GABA 2 ENTERPRISES INC ELAVIL TOURS PHILS INC 10 NAPAT HILBERT S 10 PHILTRANCO SERVICE 3 BICOL ISAROG TRANSPORT SYSTEM 5 BATANGAS STAR EXPRESS CORP 9 ENTERPRISES INC INC ILAGAN JAY 9 TAALA JIMMY G 5 A & B LINER INC 10 NAPAT HILBERT S 10 BATANGAS LAGUNA TAYABAS BUS 3 ST MARTHA LINES INC 5 CERES TRANSPORT INC 15 COMPANY DEL MONTE MOTORS WORKS INC 1 VALLACAR TRANSIT INC 15 BATANGAS LAGUNA TAYABAS BUS 3 DEL MONTE MOTOR WORKS INC 1 CERES TRANSPORT INC 6 COMPANY DEL MONTE MOTOR WORKS INC 1 CERES TRANSPORT INC 15 BATANGAS LAGUNA TAYABAS BUS 3 DEL MONTE MOTOR WORKS INC 1 MAHILAC CRISINCIANO E & 20 COMPANY CERES TRANSPORT INC 15 CARATING ROWENA GOLD LINE TOURS INC 5 PHILTRANCO SERVICE 6 NAPAT HILBERT S 15 GOLD LINE TOURS INC 3 ENTERPRISES INC SILVERSTAR SHUTTLE & TOURS INC 10 EAGLESTAR TRANSIT CORPORATION 5 PHILTRANCO SERVICE 2 JRMS SHUTTLE SERVICE 10 EAGLESTAR TRANSIT CORP 10 ENTERPRISES INC CORPORATION UNITED LAND TRANSPORT & BUS CO 10 PHILTRANCO SERVICE 8 LUCENA LINES INC 10 INC ENTERPRISES INC VALISNO ROSALINDA M 10 EAGLESTAR TRANSIT CORPORATION 4 PHILTRANCO SERVICE 5 UNITED LAND TRANSPORT AND BUS 7 EAGLESTAR TRANSIT CORPORATION 4 ENTERPRISES INC CO INC EAGLESTAR TRANSIT CORPORATION 4 P P BUS LINES INC 10 ROROBUS TRANSPORT SERVICES 16 EAGLESTAR TRANSIT CORPORATION 4 INC UNITED LAND TRANSPORT AND BUS 10 ESCOBAR SILVINO & YOLANDA 15 CO INC PHILTRANCO SERVICE 6 EAGLESTAR TRANSIT CORP 10 ENTERPRISES INC EAGLESTAR TRANSIT CORP 10 PHILTRANCO SERVICE 6 SILVER STAR SHUTTLE & TOURS INC 10 ENTERPRISES INC SILVER STAR SHUTTLE & TOURS INC 10 PHILTRANCO SERVICE 6 CHITO BARNEY D 2 ENTERPRISES INC VILLEGAS TRANSIT CORP 10 PHILTRANCO SERVICE 4 LAM CAROLINA U 3 ENTERPRISES INC LAM CAROLINA U 4 PHILTRANCO SERVICE 2 LAM CAROLINA U 5 ENTERPRISES INC UNITED LAND TRANSPORT & BUS 5 PHILTRANCO SERVICE 9 COMPANY INC ENTERPRISES INC UNITED LAND TRANSPORT & BUS 5 PHILTRANCO SERVICE 6 COMPANY INC ENTERPRISES INC EAGLESTAR TRANSIT CORP 10 PHILTRANCO SERVICE 3 MEGA BUS LINE CORPORATION 5 ENTERPRISES INC SILVER STAR SHUTTLE & TOURS INC 8 PHILTRANCO SERVICE 3 PELIPEL PAQUITO D JR 10 ENTERPRISES INC P P BUS LINES INC 5 PHILTRANCO SERVICE 5 P P BUS LINES 10 ENTERPRISES INC ELAVIL TOURS PHILS INC 10 PHILTRANCO SERVICE 4 SILVER STAR SHUTTLE & TOURS INC 3 ENTERPRISES INC SILVER STAR SHUTTLE & TOURS INC 2 PHILTRANCO SERVICE 10 SILVER STAR SHUTTLE & TOURS INC 3 ENTERPRISES INC SILVER STAR SHUTTLE & TOURS INC 2 PHILTRANCO SERVICE 2 SILVER STAR SHUTTLE & TOURS INC 3 ENTERPRISES INC SILVER STAR SHUTTLE & TOURS INC 3 PHILTRANCO SERVICE 4 SILVER STAR SHUTTLE & TOURS INC 6 ENTERPRISES INC JAC LINER INC 5 PHILTRANCO SERVICE 6 JOANNAJESH TRANSPORT CORP 10 ENTERPRISES INC PALMA EDUARDO L 10 PHILTRANCO SERVICE 3 LAM CAROLINA U 7 ENTERPRISES INC CAROLINA U LAM 6 PHILTRANCO SERVICE 7 CUL TRANSPORT & CAROLINA U LAM 10 ENTERPRISES INC ST CHRISTOPHER TRANSPORT 10 PHILTRANCO SERVICE 4 SERVICE COOP ENTERPRISES INC BELLEZA EDSEL B 5 PHILTRANCO SERVICE 8 BELLEZA EDSEL B 5 ENTERPRISES INC LAM CAROLINA U 10 PHILTRANCO SERVICE 6 LESAMBAH TRANSPORT SERVICE 10 ENTERPRISES INC &MULTIPURPOSE PHILTRANCO SERVICE 2 JAC LINER INC 10 ENTERPRISES INC UNITED LAND TRANSPORT AND BUS 3 PHILTRANCO SERVICE 4 CO INC ENTERPRISES INC UNITED LAND TRANSPORT AND BUS 10 PHILTRANCO SERVICE 6 COMPANY

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