DOLE cites labor violations of M/V June Aster owner
MANILA – The Department of Labor and Employement (DOLE) said it has found labor violations committed by M/V June Aster owner Atienza Interisland Ferries Inc. after the agency conducted a hearing on Thursday following the fire that razed the ship off Coron, Palawan last September 9.
DOLE Secretary Francis Tolentino presided over the hearing that was attended by representatives of the shipping line, officials of the Philippine Coast Guard (PCG), and several ship crewmembers who survived the fire incident.
Tolentino said the inquiry was not intended to prejudge anyone but to determine what transpired.
More than 70 individuals died in the ship fire.
The legal counsel of Atienza asked for a resetting of the hearing to prepare all the documents subpoenaed by the labor department, but the manifestation was denied by the committee, saying the subpoena was properly issued ahead of the scheduled hearing.
“The information we got from our regional office in MIMAROPA at dito rin sa NCR, patuloy daw ninyong dine-disregard yung pagtanggap ng mga notices kaya nandito kayo ngayon. But you will have time to submit your other annexes through a memorandum,” Tolentino told Atienza’s representative.
DOLE-MIMAROPA labor inspector Emmanuel Antonio Portugal Jr., presented the result of its investigation on September 14 and 15 in Coron.
Portugal said they found out that the some wages and benefits of several crew members of M/V June Aster have not been paid.
These include:
Unpaid wages
Unpaid holiday pay
Unpaid premiums on special days and rest days
Unpaid night shift differential
Non-provision of service incentive leave
These amounted to a total of P665,873.85, he said. Out of this, unpaid overtime for 3 crew members reached P330,016.55.
Dindo Macalinao, Atienza Interisland Ferries Inc., Human Resource representative, was asked by Tolentino if said figures presented by DOLE-MIMAROPA was accurate, but he said he needs to double check records. He, however, admitted that some employees were underpaid.
Macalinao said the company owns 8 vessels, including the ill-fated M/V June Aster.
FIRE PROBE UPDATE
PCG Captain Jomark Angue told DOLE that based on a preliminary investigation, some of the names listed in the passenger manifest were misdeclared, including the name of the chief engineer onboard.
“Cases has been filed, the first one is the falsification of document – since there are inconsistencies with the declaration of the master when departed, particularly the names of the passengers listed in the passenger manifest. We have found out several names, that are listed in the manifest who did not board the ship. Another one, is that we have determined in the crew manifest that there is one person – the chief engineer, who is not the actual chief engineer onboard the vessel when the master declared it during their departure,” said Angue.
“One of the ancillary crew of the vessel, a food attendant, was listed under the name of passengers, when in fact the crew is an employee of the vessel,” Angue added.
Angue said the PCG conducted a marine casualty investigation to determine the actual cause of the incident, and a maritime crime investigation that would be the basis in filing charges in court.
DOLE-NCR Director Roy Buenafe said the agency would conduct an inspection on Friday, October 9.
According to Tolentino, some personnel of DOLE-NCR were barred from entering the premisses of Atienza office in Manila. A work stoppage order is also being considered, DOLE said.
“‘Pag hindi nag-comply sa mga safety regulations kagaya ng napag-usapan kanina – na bigyan ng pagkakataon, patitigil na muna sila. Matagal nang pinupuntahan nina regional director, ayaw daw silang papasukin ‘di ba? Hindi nga dumating dito yung may-ari,” Tolentino told reporters.
“Ang implication nun, dapat maging masusi din yung inspection ng DOLE sa mga barko para siguraduhin na merong mga kagamitan. Dapat talaga maaoyos yung ating sasakyang pandagat, ito yung means of transportatio ng inter-island natin.”
Tolentino said even if DOLE decides to issue work stoppage order, affected employees should still receive their salary from the company.
“May suweldo yun, habang nakasara,” said Tolentino.