MikeLigalig.com

By Chito Vissara
The Bohol Chronicle

Some 521 workers of Hanjin Development Co. Ltd are demanding for their back wages after the Supreme Court's 3rd division affirmed an earlier decision of the labor arbiter that the workers were regular employees, thus, were entitled to their benefits.

Supreme Court ordered Hanjin to pay workers full back wages from their respective dismissals and separation fees amounting to P66 million plus attorney's fees pegged at 10 percent.

Complainants were working for the construction of the BHIP 2-C1 dam component as well as BHIP 2-C2 Bayongan and Capayas irrigation systems, both foreign financed projects. The workers alleged they were hired as regular employees while Hanjin said they were hired as project-contracted employees.

Rep. Roberto Cajes told the Chronicle that due to the glaring unfair labor practice committed by the said Korean construction firm, the three Bohol solons will join resolution demanding for an investigation on the matter. The case has been decided by the Supreme Court 1st division on April 10, 2006.

Atty. Joseph Bernaldez, counsel of the workers, asked Hanjin to settle their obligation of P66 million to the more than 500 Boholano workers.

He even alleged that Gov. Erico Aumentado, during a meeting at Marriot Hotel in Cebu City last year, brokered a deal between him and Hanjin to settle the labor case in exchange for a P20 million payoff for the workers. He declined the offer and asked "unsa namay ikasulti ug akong ika atubang sa atong mga katawhan." He bared this during a radio interview over "Pulso" of Kagawad Batchoy Alba and Brigette Biernes last Thursday.

Asked to comment on this, Gov. Aumentado strongly denied having offered to broker for a settlement fee for the workers. In fact, he said, it was the workers' group who requested him to ask Hanjin to abort its plan to appeal the case to higher courts. He declined the request since he finds it "unethical" to request the counsel for such action. He challenged Bernaldez to show evidences that he offered such settlement fee. If he can not prove what he said over the airlanes, "I will file libel charges against him," the governor warned.

BACKGROUNDER

Hanjin Dev. Co. Ltd. established and registered in South Korea, contracted by RP for construction of BHIP 2-C1 Dam Component & BHIP 2-C2 Bayongan & Capayas Irrigation System. These are foreign-financed projects of NIA.

Hanjin contracted the services of 712 carpenters, masons, truck drivers etc, from Aug. 1995 to Aug. 1996 for the construction of Malinao Dam in Pilar, Bohol. The project was completed Nov. 1996.

On April, 1998, an original 712 workers filed complaints before NLRC against Hanjin & Nam Hyun Kim, Project OIC for illegal dismissal and payments of benefits. Only 521 complainants affixed their signatures in the complaint.

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