Hanjin workers seek justice on SC ruling

By KIT BAGAIPO - Bohol Chronicles
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.