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