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Hanjin workers seek justice on SC ruling
By
KIT BAGAIPO
 | JUSTICE!
Lawyer Joseph Bernaldez, counsel of Hanjin workers. They trooped to the Department
of Labor
(DOLE) last Thursday, but the government labor arbiter failed to
show up. Foto DANNY REYES |
Some
428 Boholano workers continue to demand justice after they were not paid
by
Hanjin Heavy Industries and Construction (HHIC) despite the finality of a Supreme
Court decision awarding backwages and benefits to them.
In
lieu of this dispute, two lawyers handling the labor case of the workers against
Hanjin are urging local government units, agencies and corporations of the government
to blacklist the South Korean firm.
Labor
lawyers Joseph Bernaldez and Erwin Estandarte said in an interview with the Chronicle
that unfair labor practices can be a ground for the disqualification of a contractor
to participate in public biddings of government projects.
| | | Compliance
of fair labor practices is a requirement under RA 9184, the Government Procurement
Act, the lawyers said.
Having
a pending or even a decided case in the courts can be an impediment for a contractor
that wishes to bid for a government project, Estandarte said.
While
it is obvious that the South Korean contractor has been acquiring more projects
here in the country, the lawyers said, "It is either they did not comply
with all bid requirements or they must have railroaded the bidding process." |
Hanjin
has several ongoing projects here in the province, among which are the controversial
Bohol Irrigation Project (BHIP) Stages 1 and 2 (Malinao and Bayongan Dams) and
the Tagbilaran City Drainage Improvement Project.
The
same company undertook the completion of the multi-million Bohol Circumferential
Road Improvement Project (BCRIP).
The
said workers were hired by Hanjin during its construction of the Malinao irrigation
dam in Pilar town.
Aside
from its pending claims settlement here in Bohol, Hanjin is presently in hot water
for its construction of forest condominiums at the Subic Freeport in Zambales
without environmental compliance certificate (ECC).
The
firm also figured in allegations of bribery in connection with its $2-billion
shipyard project in northern Mindanao. Here
in the city, the Sangguniang Panlungsod recently adopted a resolution requesting
the Department of Public Works and Highways (DPWH) not to accept the turn-over
of the city drainage project unless the contractor and the DPWH-District 1 cannot
comply with commitments to clear the drainage from wastes and cut-off illegal
connections coming from some 40 establishments and households.
"NOT
A HINDRANCE"
For
his part, Provincial Legal Officer Atty. Handel Lagunay when asked for comment
regarding the possibility that Hanjin is among the bidders of the airport project,
he said, "It is basically up to the bids and awards committee (BAC) of the
MIAA and DOTC to evaluate the capacity of the bidder under RA 9184."
Asked
if their track record on unfair labor practices can be used as a ground for its
blacklisting, Lagunay said, "It may be a collateral matter that they would
look into, but it will all depend on the substance of the qualification of a contractor
to undertake the project in accordance with RA 9184 or the Government Procurement
Act.
However,
under 9184, "I don't think it will become an issue when the bidder's qualification
is evaluated," he concluded. | 
