When Maria*, a three-year contractual worker, received a message about the temporary closure of the Sta. Cruz, Davao del Sur plant of Franklin Baker Inc., she initially assumed it would only last a few days or, at most, a few weeks.
But after nearly two months, Maria and nearly 3,200 other contractual workers remain in limbo, left in a “floating status” while waiting for the resumption of the plant’s operations.
“Nasanay kasi kami na minsan wala kaming trabaho sa Sabado at Linggo, pero akala namin ilang araw lang ito, hindi kami nag-expect na tatagal at wala kaming alam kung anong dahilan,” Maria said.
While workers are not permanently removed from their positions, for Maria and her partner—both Franklin Baker workers—temporary dismissal in a no-work, no-pay scheme means a struggle to provide sustenance for their family.
“Wala man lang meeting na naganap, at ang pinakamasakit pa ay wala kaming natanggap na kahit ano, kahit isang kusing man lang,” Maria added.
Last October 3, Franklin Baker, a coconut manufacturer based in Davao del Sur, announced its temporary closure in a statement sent via Facebook Messenger group chat without providing any justification.
The company’s coco water concentrate production was regarded as one of the largest investments of the region, reaching up to P392.15 million in 2014. It exports to about 50 countries worldwide for major confectionery and bakery producers through its two manufacturing facilities in Davao del Sur and one in San Pablo, Laguna.
Despite declaring a temporary shutdown, only contractual workers were greatly affected by the situation as regular workers, primarily high-ranking employees, continued reporting to the company, Maria told the Collegian.
This reflects a recurring issue with Franklin Baker, which has been known for engaging in labor-only contracting. In 2018, the Department of Labor and Employment (DOLE) tagged the company as one of the top 20 companies violating the ban on labor-only contracting engagement, with almost 3,400 workers under this practice.
Labor contracting is a prohibited act in the Philippines involving a contractor that supplies workers to the principal employer, usually a company. This allows the company to exercise control over the workers without giving them the proper benefits and salary as they do not directly employ them.
Under this scheme, Franklin Baker imposes a limit on the number of contractual workers that the company would allow to report for a certain period of time. Usually, the workers would be chosen on a first-come, first-served basis with priority for those who arrive at the plant first.
For Maria, to earn at most P10,000 per month, she has to compete with numerous workers, as the slots for them vary by demand of the manufactured products.
“Kadalasan sumusobra talaga ang mga manggagawa kaya may ibang nakakauwi. Depende kasi kung ilang tao ang kailangan ng Baker, kaya kami maaga talaga pumupunta,” Maria said. “Ako, palagi talaga akong napapauwi, kaya nakakapasok lang ako nang six to eight days kada 15 days.”
With both Maria and her partner working at Franklin Baker, the current situation worsened their financial problems. Like other laid-off employees, they were forced to take on part-time jobs to be able to provide for their family.
As part of their contract, workers are not allowed to take on another full-time job, even during the closure of the plant. Still hoping to resume their work, Maria’s colleagues juggle multiple part-time jobs to avoid resigning from the company while still providing money to their respective households.
Other workers also asked for the help of DOLE, but the agency only advised them to wait, as the company would be held liable if the period of temporary dismissal exceeds six months based on Article 301 of the Philippine Labor Code. But this keeps workers in limbo while waiting for the six months to pass.
“Floating lang talaga kami. Parang iniwan lang talaga kami sa ere. Naghihintay lang kami kung anong sabihin nila at pinatigil lang kami na walang malinaw na dahilan,” Maria said.
With the company still on temporary closure for the whole month of November, for Maria, a solution that the company and their agency could offer for the affected workers amid the situation is financial assistance to support their families.
“Bago sana kami pinaalis, dapat kinausap at kinonsulta muna kaming mga manggagawa. Sana rin ay mabigyan na kami ng ayuda kasi nakadepende kami sa mga trabaho namin,” said Maria. ●
*Not her real name. She has asked the Collegian to conceal her identity.
