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Philippines: Union takes illegal outsourcing case to Supreme Court

On 11 January 2007, the Court of Appeals rejected the case filed by the Union of Nestle Workers Cagayan de Oro Factory (UNCWF), a member of the IUF-affiliated Council of Filipino Nestle Unions (CFNU) against the illegal outsourcing practices of Nestle Philippines. Filed more than five years ago, the union's case is supported by more than 2000 pages of evidence, including the company's own internal documents. In response to the failure of the Court of Appeals to even look at this evidence, the union filed the case in the Supreme Court on 6 February 2007.

In a bizarre ruling in January, the Court of Appeals rejected the union's complaint based on minor technicalties - such as a missing community tax file number in the union's petition to the Court! The question of Nestle's illegal outsourcing practices wasn't even considered by the Court.

This five year struggle centres on Nestle Cagayan de Oro management's use of a bogus "co-packing arrangement" to secure cheap labour outside of the bargaining unit. As the union has shown - and the Department of Labour itself has found in its own investigation in 2001 - the workers hired by the co-packer are in fact under Nestle management but are paid less than 50% of wages of regular workers at the Nestle factory, and are denied any rights and benefits - including the right to join the union.

As the legal case enters its sixth year, Nestle Philippines continues to exploit some 300 workers at the co-packer and systematically violate their legal rights.

For background and previous updates on this struggle, please visit the following links:

Philippines: After 5 years union continues fight against Nestle's illegal precarious employment practices [uly 31, 2006]

Union tells Brabeck advisor: lawsuit against labour-only contracting will go all the way to the Supreme Court [March 20, 2006]

Nestle Philippines: legal complaint against labour-only contracting at Nescafe co-packer [July 11, 2005]

Posted by Greenfield on February 12, 2007 12:38 AM | Permalink


what about working hours daily in phlippines labour laws???