A group of business process outsourcing (BPO) workers is pushing for a Magna Carta Law to ensure decent wages, safer workplaces and working conditions, and freedom of association for the industry’s employees. If passed, the Magna Carta for BPO employees could be the most significant reform of the country’s largest and fastest-growing sector.
The shortcomings of existing labor policies have paved the way for BPO workers to experience inhumane working conditions. Stella Maragay, a BPO worker of seven years, lamented that most employees are forced to report to the office even when they are sick due to the critical attendance being mandated in their line of work.
“Kadalasan, naghihingalo at namumutla ka na sa pagod pero hindi ka pa rin talaga pauuwiin dahil babagsak daw ang workforce at malalagot sa mga kliyente,” Maragay said.
As the industry grows annually, posing a 10.5-percent revenue growth in 2022, the BPO Industry Employees’ Network (BIEN) believes that the industry’s workers must also be given their fair share in that growth.
“Kaya nabuo ang labor agenda na ito dahil sa mga demands ng BPO workers to push for fair wages and better working conditions. Dapat sa pag-unland ng industriya, umuunlad din ang buhay ng mga manggagawa,” said BIEN President Mylene Cabalona.
Grappling With Long Hours and Meager Pay
BPO employees usually receive a monthly salary of P12,000 to P18,000, a far cry from the P31,000 standard entry-level wage that various organizations, including the Outsourced Workers League, have proposed.
Meager pay is just one of the many problems that BPO workers experience. It is also commonplace in the industry to have long working hours. “Uwing-uwi ka na at pipindutin mo na yung end shift mo pero biglang pagtingin mo madadagdagan ka pa ng oras. ‘Pag naman iniwan mo, may nakalagay pa na kulang-kulang na oras. Job abandonment pa ibabato sa’yo dahil kailangan ka ng negosyo,” Maragay said.
Although BPO companies claim that they allow workers to decline overtime, this often comes at the cost of leave credits. When employees request a leave the next time, the company will disallow them due to their refusal to go overtime regardless if they have ample leave credits to utilize.
Workers are only allowed to work eight hours a day, according to the Department of Labor and Employment’s (DOLE) conditions of employment. Should overtime be necessary, additional compensation must be provided to them. Emergency overtime work is only required for extreme reasons such as when there is imminent danger to public safety. However, most employees have to go overtime to cover for the lost hours due to the absences of their workmates.
“Through the Magna Carta Law, we want to standardize the wage of BPO workers regardless kung saang location nila kasi companies try to take advantage of the regional wage [system],” Cabalona said.
The daily minimum wage in the Philippines varies per region with a rate of P570 in the National Capital Region (NCR) and about P300 in the other provinces, prompting some BPO companies to put up offices in regions with lower wage rates. In the proposed law, there will be mandatory hazard pay and subsidies for BPO workers during national emergencies.
The proposed measure does not only provide financial benefits as it also seeks to protect the health of employees through standardized healthcare coverage—an essential benefit considering the high-stress environment surrounding the BPO sector. Some employees also develop chronic illnesses because of the unhealthy lifestyle proliferating in the industry.
Dangers That Come With the Job
Yaz Asis, a 38-year-old BPO employee, has been working in the industry for eight years. They almost had a stroke because their work starts at different times every month. For a few months, Asis worked the morning shift, and they only got a single day off to adjust for the night shift.
The little time given to adjust their body clock compelled Asis to increase their caffeine intake as the work schedule of BPO employees is starkly far from the usual working hours. Some are required to work at night, but at the expense of messing up their body clock, making workers more likely to develop illnesses.
“Tumaas ang uric acid ko, to the point na nahihirapan na akong huminga, di na ako makalakad at muntik na akong atakihin sa puso,” Asis said. Illnesses force BPO workers like Asis to go on leave. While those are paid leaves, Asis had to render mandatory overtime as soon as they came back.
Even Maragay’s stomach has become too acidic to the point that even a sip of coffee will trigger severe abdominal pains. She admitted that coffee became the default—but unhealthy—mechanism to stay awake amid the long working hours.
“Hindi mo naman masisisi ang sarili mo. Hindi lang yun dahil sa choices mo. Wala ka rin namang magawa dahil at that point ang pag-inom ng kape yung nakikita mo na solusyon [para magising],” she lamented.
Despite having a medical clinic in their office, treatment is still elusive, according to Maragay. Their office clinic only has a single nurse and a doctor who is only available until 10 a.m. While health cards exist to alleviate the burden of paying medical bills, some choose not to utilize them fearing that they would have to take some time off, especially as absences are discouraged by the management.
The situation inside BPO offices worsened when employees returned to on-site work after COVID-19 cases decreased. The management became lax with health protocols which compromised their health even more. There are instances where even when one has a fever, the clinic forbids them to be sent home out of fear that the management will reprimand them. Even team leaders and operation managers refuse to report cases of COVID-19 to avoid absences and loss of working hours, according to Asis
An unhealthy lifestyle is not the only concern of employees as the lack of sanitation has also posed risk to workers. For one, the sharing of headsets used to be the norm, and other equipment, such as the mouse and keyboard, are not sanitized after every shift.
“Hindi maiiwasan na kumain habang nagtatrabaho kaya syempre yung mga kamay nadudumihan tapos hahawak sa mouse at keyboard. Hindi na yan nalilinisan bago ipagamit sa ibang empleyado,” Asis said.
Amid the perils that come with being a BPO worker, employees collectively assert better work conditions through unionizing. But even organizing is vilified, if not prohibited in the industry.
“Talagang tinatanggal ang members and officers kapag may unyon sila. You must have enough strength to do bargains with the company especially when our political climate discourages organizing,” Cabalona said.
When the Right to Unionize Is Infringed
Employees often fear joining unions as the management threatens them. Asis, while forming a BIEN chapter in their company, was constantly disrespected by the management and their officemates. “Tinatawag na akong bida-bida at araw-araw pinapahiya ako sa hallways. Sinasabihan ako na sa labas na lang mag-rally at kung ano-ano pa,” Asis said.
Soon after, Asis was terminated after being accused of aux toggling, a jargon in the industry that means an agent is temporarily unable to receive a call.
“Prior to the termination, I was warned by my operations manager, ‘wag mo sabihing hindi kita pinagsabihan.’ It’s as if they were intimidating me na itigil ko na ang pinaglalaban ko or else termination will be the result,” Asis said.
In Maragay’s early years in the industry, she felt that the management was harsh on those who tried to unionize. She later learned that the company assigned personnel to pinpoint employees who tried forming unions. Employees caught unionizing were slapped with fabricated charges and complaints.
“Nagsisisi ako noon kasi nagpatalo ako sa kanila at umalis na lang ako. Pagtapak pa lang ng paa ko sa ground floor, nanginginig na ako sa takot dahil alam ko wala naman akong atraso at pinagtutulungan lang ako,” Maragay said.
The Magna Carta for BPO workers, if passed, will ensure that workers can collectively bargain, self-organize, and form unions. The measure will also protect any form of retaliation that the company may inflict on the employees.
Under the 1987 Constitution, those employed in the public and private sectors have the right to form unions, associations, and societies. Union busting, which includes terminating union officers or threatening the existence of the union, is also prohibited
While some BPO companies do not ban unions outrightly, some employees still endure threats from the management to prevent any form of organizing.
“Point is, whether you create a union or just a chapter, you will be threatened dahil ayaw ng pagbabago ng kumpanya. When they find out you are associated with BIEN, you will be intimidated,” Asis said.
Just recently, the president of the Unified Employees of Alorica Inc. was also charged with moonlighting or having a second job, simply because they were part of BIEN. Eventually, they were terminated because Alorica did not recognize the union. This, despite the union being recognized by DOLE.
“It’s demoralizing and it’s like torture for us, but we know it’s the government’s way to silent dissenters. Of course, nothing will silence us–all the more reason for us to unionize so we may push for the needs of the BPO workers,” said Cabalona. “Hindi raw kami marginalized pero hindi nila alam na patong-patong ang problema sa loob ng industriya. We need to protect our rights.” ●
