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AGREEMENT ON DISPUTE SETTLEMENT ON OUTSOURCING IN PHILIPPINES BANKS

The Resolution’s two main provisions deal with dispute settlement and outsourcing and subcontracting. With regard to the former, banks may request the Banking Industry Tripartite Council (BITC) itself for conciliation-mediation services. A novel feature is that two representatives each from management and labour who are not parties to the issue, will constitute a committee, headed by a representative from Department of Labour and Employment ( DOLE), that will try to settle the dispute.
The other key section, on outsourcing/subcontracting, enjoins management to engage affected employees and the union, if any, in a pro-active discussion prior to implementation of such an arrangement. Management will also attempt to transfer affected employees to other departments within the bank and, if not feasible, will coordinate with the service provider to absorb the affected employees.
The Resolution was hailed by the DOLE Secretary as a model voluntary code of good conduct to be emulated by other Industry Tripartite Councils (ITCs). In addition to its pro-active participation in the BITC discussions of the draft of the Resolution,NUBE also conducted a survey of outsourcing/subcontracting in the banking sector and sponsored a colloquium on this topic, with the (Central Bank of Philippines) BSP presenting a key paper which greatly facilitated the dialogue process. The BSP Governor and the DOLE Secretary both publicly acknowledged the role of NUBE in bringing about this historic event. The National Union of Bank Employees in the Philippines (NUBE PH) saw the results of its nine-year advocacy finally bear fruit on 01 December 2011, with the signing of the BITC Resolution Number 1, Series of 2011. The Resolution was signed by top government officials – the Governor of the Bangko Sentral ng Pilipinas (BSP) and the Secretary of Labour and Employment (DOLE) – and by the presidents of the three banking subsectors (unviversal/commercial; thrift banks, and rural banks) and four labour federations led by NUBE’s Bro. Jun Umali. The venue was the BSP itself, with other top BSP officials and members of the Monetary Board in attendance.