TUCP/NAGKAISA
LEGAL STRATEGY & LEGISLATIVE
LOBBY TO STRENGTHEN
SECURITY OF TENURE
(SUMMARY)
TRADE UNION CONGRESS OF THE PHILIPPINES/
NAGKAISA
Precarious Work in Asia
29th August 2014
Denpaser Bali, Indonesia
LEGAL STRATEGY TO CHALLENGE DOLE
LEGISLATIVE LOBBY TO CHANGE THE
ORDER 18A AND SEC. 106 OF LABOR
LAW/ LABOR CODE
CODE
LEGAL STRATEGY
LEGISLATIVE LOBBY TO CHANGE THE
LAW OWN BILL
1. ORGANIZE A COALITION: BROADER 1. DRAFT YOUR
BASE BUILDS
CREDIBILITY AND
1. Have
your aspirations turned into a
1. ORGANIZE A COALITION:
DRAFT YOUR OWN BILL
BROADER BASE BUILDS
 bill
Have your aspirations turned
POLITICAL INFLUENCE
CREDIBILITY AND POLITICAL
into a bill
 Know
what is negotiable and what is
INFLUENCE
 Know what is negotiable and
not
the
billbill
what in
is not
in the
Have a sense
of democratic
give Have
a sense
of democratic
giveand-take
and-take
 Be prepared to negotiate
 Be prepared to negotiate
1. HAVE A BASIC DOCUMENT:
1. DON’T PUT YOUR EGGS IN ONE
2. HAVE A BASICResearch
DOCUMENT:
2.
DON’T PUT YOUR EGGS IN ONE
Paper on SOT/ Asiapro
BASKET
 on
Data-based
 Have different sponsors
Research Paper
SOT/ Asiapro
BASKET
Have fallback version for tactical
 Data-based Arms you with arguments
 Have
different sponsors
 Gives counter-arguments
flexibility
 Arms you with arguments
 Have
fallback
version for tactical
Have a Senate
and House
sponsor
 Gives counter-arguments
flexibility
 Have a Senate and House sponsor
LEGAL STRATEGY TO CHALLENGE DOLE
ORDER 18A AND SEC. 106 OF LABOR
CODE
LEGISLATIVE LOBBY TO CHANGE THE
LAW/ LABOR CODE
3. SIMPLIFY, SIMPLIFY:
HAVE A COMPLAINT DOCUMENT and legal
issues paper (just fill in the blanks)
The issue of classification of
contractors
- Necessary and desirable
- Capital and equipment
3. DIVIDE AND RULE: ASIAPRO/ COOPS
AND MANPOWER AGENCIES, TARGET ONE
FIRST (THE ENEMY OF MY ENEMY IS MY
FRIEND)
 If you hit all, they will gang up on you
 Hit one first, the one most successful at
bending the legal rules that were
intended to protect workers (the others
will not help him)
4. MULTIPLY YOURSELVES: Lawyers
are very expensive, Let us train
paralegals to file cases, hold press
conferences. And to argue cases
4. COMBINE POLITICS OF
CONFRONTATION WITH DIPLOMATIC
MOVES
 Be assertive, use “occupy” tactics
 Be sophisticated, do “backdoor”
negotiations
LEGAL STRATEGY TO CHALLENGE DOLE
ORDER 18A AND SEC. 106 OF LABOR
CODE
5. MULTIPLY YOURSELVES: Lawyers
are very expensive, Let us train
paralegals to file cases, hold press
conferences. And to argue cases
LEGISLATIVE LOBBY TO CHANGE THE
LAW/ LABOR CODE
5. COMBINE POLITICS OF
CONFRONTATION WITH DIPLOMATIC
MOVES
 Be assertive, use “occupy” tactics
 Be sophisticated, do “backdoor”
negotiations
6. TO BEAT A CARTEL, YOU MUST
6. CELEBRATE SMALL VICTORIES TO
BECOME A CARTEL: FILE CASES
KEEP MORALE ALIVE AND INSPIRE
SIMULTANEOUSLY NATIONWIDE USING ACTIVISM
PARALEGALS
 Project size and national search
 Panic the Ministry or Department
of Labor Compel them to seek a
way out
LEGISLATIVE LOBBY TO CHANGE THE
LAW/ LABOR CODE
7. CLOG THE LABOR COURTS
8. POLITICIZE THE ISSUE
9. NEGOTIATE CHANGE IN DOLE
GUIDELINES
10. GENERATE CRITICAL MASS
LEGISLATIVE LOBBY TO CHANGE THE
LAW/ LABOR CODE
7. VOLUNTEER ADVOCATES WITH
VARIOUS LEGISLATORS
8. POSITION PAPERS/STUDIES WHEN
NECESSARY
9. GET PRESIDENTIAL CERTIFICATION
OF SOT BILL
10. ACCOMPANY BILL THROUGH
LEGISLATIVE MILL
11. PUBLIC EVENTS/ MOBILIZATIONS
AS NECESSARY
12. PASSAGE INTO LAW
VICTORY PARTY