Leandro Matti, 59, diligently continues his construction work even as Quezon City’s heat index tops 42 degrees Celsius. He works from 8 a.m. to 5 p.m. daily landscaping the University Amphitheater, which will be used in the graduation ceremonies in July.

Although safety measures and heat breaks are in place, Leandro still thinks that the scorching conditions make work harder than usual. “Syempre mainit, kailangan mong sumilong kasi baka mag-collapse ka. Hindi naman ako pwedeng makipagsabayan sa mga bata kasi mahina na ang katawan,” he said.

The historic heat wave has disproportionately affected urban workers like Leandro, who face “no work, no pay” schemes and lack job security as contractual workers.

While government agencies have created regulations for heat breaks and flexible work setups, deep-seated labor woes like contractualization and union busting still leave workers unable to fight for better working conditions, according to Joselito Ustarez, vice chairperson of labor union Kilusang Mayo Uno (KMU).

“Ang mga [contractual workers], wala silang kakayahang mag-bargain. Kung ano ang department order, yun na lang yung ipinasusunod ng mga employer, kaya hindi nagkakaroon ng lakas ng loob ang mga manggagawa lalo na ang mga contractual [workers] na hingin yung nararapat na benepisyo para sa kanila,” Ustarez told the Collegian.

Although the Department of Health said last April 11 that workers have the right to mandatory heat breaks, orders from the Department of Labor and Employment (DOLE) ultimately govern how workers must be treated by their employers during periods of extreme heat.

DOLE, for its part, advised companies to employ flexible work-from-home setups under Labor Advisory 8 issued last year to control heat stress in the workplace.

But the department still permits “no work, no pay” schemes for workers who skip work due to the extreme heat, under Labor Advisory 17 issued in 2022. The scheme can only be superseded by a collective bargaining agreement between the workers and their company—an agreement only possible if the worker is in a union.

“Sa kasalukuyan, napakaliit ng porsyento ng mga unionized nating manggagawa kaya nawawala ang kanilang kapangyarihan na humingi ng sapat na benepisyo sa mga employer dahil sa kawalan ng organisadong unyon,” Ustarez said.

The latest data from the Philippine Statistics Authority (PSA), obtained in 2020 and released in 2022, revealed that only 4.2 percent of workers in the country are unionized, with the statistic having been dwindling since 2016. 

Workers in establishments that do not comply with occupational safety hazards standards are further affected. The Occupational Safety and Health Standards Law mandates that workers be protected from poor working conditions, including heat-related hazards. 

For workers including Leandro, the law requires a mandated safety officer, having heat breaks, and adequate supply of drinking water. But only 53 percent of businesses have complied with the occupational safety hazards standards according to DOLE in 2022. 

Ustarez added that contractual workers working indoors are especially hard hit, as no heat breaks, poor ventilation, and other poor working conditions could add to the already extreme heat from both the machinery and the outside environment.

One of the most affected sectors of contractualization are workers in the manufacturing sector, with 27 percent of employees being contractual, showed 2016 data from PSA. Without regularization or unions, it becomes more difficult for workers to fight for better working conditions.

Currently, several bills ending contractualization remain pending in both houses of Congress, including the one filed by the Makabayan Bloc in 2022, which would ban “all forms of contractual arrangements.” Moreover, the House of Representatives is considering legislation for a P100 minimum wage hike after its approval in the Senate.

Without these protections, contractual workers like Leandro ultimately have no job security. Even with safety measures being put in place, either agencies will not pay workers if they have a heat-related illness, or they’ll lose their jobs anyway after their contracts.

“Dapat lahat ng manggagawa ay gawing regular. Ngunit, hindi lang basta-basta regular, kundi dapat, magkaroon sila ng mga unyon para magkaroon sila ng bargaining power,” Ustarez said. ●