The life and struggle of women workers under contractualization

This paper addresses the issue of women in labour contractualisation in the Philippines. Labour contractualisation refers to the replacement of regular workers by temporary workers who are not given benefits, do not accumulate seniority and could be easily terminated. Women are particularly prone to contractualisation as women’s income is regarded as supplementary and women’s labour as peripheral and appropriate for low-skill jobs.

The paper found that, in some companies, 92% of the workers are contractuals. It argues that by allowing the practice of certain forms of contractual labour such as subcontracting, and by ignoring gross violations of labour code provisions of various establishments, the Philippine government is condoning albeit even encouraging labour contractualisation. Furthermore, many companies are flagrantly skirting the labour code provision that after six months of service, a worker, whatever her/his hiring status, is automatically considered a regular worker.

Impacts of contractualisation:

• further depresses the already very low wages of workers. 4/10 respondents revealed that they are paid below the mandated minimum wage. From this income, they spend as much as PhP 500 up to PhP 1,000 in application requirements.They also have to pay for the cost of their uniforms and other work paraphernalia
• contractuals cannot refuse overtime work which during the peak season means staying beyond until 10pm, though the labour code prohibits this as inhuman practice
• brings down the workers’ self-esteem. As a whole, management looks down on workers but their biggest contempt is reserved for contractuals
• nurtures and reinforces the already prevailing culture of docility and subservience that have been inherited from the feudal-patriarchal culture introduced by Spanish colonisers

Impacts of contractualisation on women:

• further aggravates discrimination among women. 6% of the respondents said that they were obliged to have pregnancy test even if they are single. They will never enjoy the benefit of maternity leave because work for contractuals last only for five months
• ignores the special needs of pregnant women and those with their monthly period. Women are often made to stand the whole day and undergo degrading tests to determine if they are on their period. The frequency and use of comfort rooms are limited
• many female contractual workers are made to accept the sexual advances made by their superiors and believe that these may open doors for possible renewal of contract
• they are not entitled to leave of any kind so if their children become ill, they have no choice but entrust the child to someone else

The paper concludes that the most effective way to successfully fight contractualisation is through the united and militant actions of regular and contractual workers. It is not through the passage of laws which are often watered down or full of loopholes to allow flagrant violations by capitalists. It is the strength of the workers’ united action that will force the capitalists to recognise and respect the rights of contractual workers including their right to regular and secure employment. This has been proven time and again by the workers themselves.

This paper was prepared for the Asia Pacific Research Network (APRN) Conference on Globalization and its impact on Women’s Labour 18 to 20 June 2003, Bangkok, Thailand