ALU-TUCP backs no publication bill

The Associated Labor UnionsTrade Union Congress of the Philippines is supporting the proposed bill in Congress seeking to ban the posting of employment termination notice in the media.

ALU-TUCP spokesperson Alan Tanjusay said they call the proposed measure as "second chance bill" and "move on bill" that gives second chances to terminated workers due to violation of company rules, policies, and regulations to move on with their lives to serve and support their family and continue to become productive member of the community by finding another employment opportunity.

Tanjusay said that dismissed workers already suffered the consequences of their violations so it is unnecessary for them to be humiliated through the notices in newspapers, radio, TV, and social media.

"Once this bill becomes a law, employees derogatorily dismissed will have another chance to reform his/her ways and become productive member of the family and community," Tanjusay said.

The House of Representatives recently approved on third and final reading House Bill 5818 seeking to regulate the practice of employers in posting notices of termination of former employees in newspapers, social media, and other public information venues.

The bill provides to make it as a policy of the State to protect all workers from abusive acts of employers.

Every employer, in publishing notices of termination of employment, must observe good faith, act with fairness, and respect the dignity of its former employees.

The bill provides that no employer in the private sector shall publish notices of termination of employment in newspapers, social media or other public information venues unless the subject employee has committed any of the following acts:

a.) Serious misconduct or willful disobedience by the employee of the lawful orders of the employer or the duly authorized representative of the employer in connection with work; gross and habitual neglect of duties by the employee; fraud or willful breach by the employee of the trust reposed by the employer or the duly authorized representative of the employer; commission of a crime or offense by the employee against the person of the employer or any immediate member of the employer's family or against the person of the duly authorized representative of the employer; and other causes analogous to the foregoing.

b) The subject employee was an accountable officer or staff, to include cashiers, treasurers, collection officers, sales agents or representatives, management or supervisory employees and other officers or employees who handle cash, property, stocks and other assets of the employer;

c) The employer has reasonable grounds to believe that the former employee shall cause loss or damage to the property, stocks and other assets of the employer or otherwise compromise the interest of the employer.

An employer who publishes a notice of termination of employment in a newspaper, social media or other public information venues in violation of the Act shall be liable to pay the aggrieved former employee damages amounting to P10,000 to P50,000, upon the discretion of the court, without prejudice to the filing of any criminal case.

If the violation is committed by a corporation, trust, firm, partnership, association or other similar entity, the damages hall be imposed against the responsible officer or officers.