On Eton tragedy’s first anniversary: Group expresses dismay over Aquino’s indifference to construction deaths

On Eton tragedy’s first anniversary:
Group expresses dismay over Aquino’s indifference to construction deaths

Eton first anniversary

Families and supporters of Eton Residences construction workers, who died in a gondola plunge last year, trooped to the accident site in Makati City today to call for justice on the first anniversary of the tragedy and to pin down Eton and its contractors for their liability over the tragedy.

Led by the Justice for Eton 11 Network, the group also expressed dismay over the Aquino government’s failure to go after companies which are compromising health and safety and undermining job security.

“If President Noynoy Aquino can use his executive whip against corrupt officials in the bureaucracy, why can’t he do the same to big labor rights violators like Eton Properties? Why can’t he push for a thorough investigation against these anti-labor companies, just like what he is pushing against Chief Justice Renato Corona at the moment?” asked Anna Leah Escresa, Justice for Eton 11 Network’s co-convenor.

“The Eton tragedy is about lost lives of highly exploited workers. Why is it not enough for the government to show its muscle against Eton and its contractors?” she added. 

On Jan. 27, 2011, 10 construction workers died while another one was seriously injured after a gondola they were riding crashed from the 28th floor of the condominium owned by Eton Properties Philippines Inc., the real estate arm of tycoon Lucio Tan.

It was found out that that the workers were earning poverty wages (P270/ day), and were denied job security as they were employed by Eton via multiple subcontractors.

Escresa noted that what the labor department did was to only facilitate health and safety trainings among Eton Residences workers following the tragedy. No one was held accountable for the gross neglect of labor standards on occupational health and safety and decent work.

“President Aquino’s indifference towards the Eton tragedy has spawned a climate of impunity in work sites. Following the tragedy, we have seen a string of striking work accidents which killed and injured dozens of workers,” Escresa said.

The group cited the following accidents as proof: the accident in Keppel shipyard in Subic, Zambales last October which killed six workers; the construction accidents in Megaworld in Eastwood and SM General Santos City; and the landslide in Compostela Valley early this year which killed more than 30 miners.

“As long as no one is held accountable for these grim accidents, the long list of victims will grow longer by the day. Justice will remain elusive to workers,” Escresa concluded.

Reference: Anna Leah Escresa, Justice for Eton 11 Network co-convenor, 0908-864-2151
Blog: www.eton11.tumblr.com




ILO report on vulnerable jobs proof of gov’t failure to learn from Eton tragedy

Press release of the Ecumenical Institute for Labor Education and Research (EILER)

The International Labor Organization’s (ILO) recent report on the prevalence of vulnerable employment in the Philippines last year is a clear proof of the Aquino administration’s failure to draw lessons from the January 27, 2011 Eton tragedy, a labor think-tank said on Thursday.

Ecumenical Institute Institute for Labor Education and Research (EILER) said the gondola plunge in luxury condo Eton Residences in Makati last year, which killed 10 workers and seriously injured another one, was “a wake-up call for the government to end subcontracting chains and unsafe working conditions.”

“But the Aquino government did nothing to address the social costs of subcontracting and other forms of vulnerable work. Proof of this is the series of occupational accidents last year, and recently, the report on the rising number of vulnerable jobs in the country,” said Anna Leah Escresa, EILER executive director.

Escresa cited the recent ILO report which noted that four out of 10 Filipino workers are in vulnerable employment – earning poverty wages, with no job security, and prone to work accidents.

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ETON Tragedy: 1 year after

Press release of the Institute for Occupational Health, Safety and Development (IOHSAD)
January 26, 2012

Families of victims of ETON Residences Tragedy continue search for Justice; re-files criminal case today versus billionaire Lucio Tan

On the eve of the 1st year of the gruesome ETON Residences Tragedy, survivors and families of the victims continue to search for justice by filing another criminal case against billionaire Lucio Tan, owner of Eton Residences. Last January 27, 2011, 11 workers of the posh condominium being constructed in Makati City, fell from the 32nd floor of the work site when the rope of the gondola the workers were riding snapped, plunging most of them to their immediate death. Among the 11, Only Ruel Perez survived.

The families of the victims are set to re-file reckless imprudence resulting to multiple homicide today, 1pm at the Makati Regional Trial Court. Respondents to the case are the following: Lucio Tan, Chairperson of ETON Properties, Danilo Ignacio, President ETON Properties, Guillermo Torres, Project Manager Arlo Aluminum, Galo Leonardo, Senior President Arlo Aluminum, Ian Lester Agpoon, Safety Officer, Jason Rosete, Project-in-Charge Arlo Aluminum, Eduardo Pinon, owner EPM Glazing. The case was filed before but was dismissed last year despite filing last March 22, 2011 a “manifestation with vehement opposition to motion to dismiss the case” at the Makati Prosecutors Office by two of the families. The dismissal was done without the survivors receiving any updates on the case or information on the schedule of hearings.

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On Eton tragedy’s first anniv: Call for netizen support

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On Jan. 27, 2011, a gondola carrying 11 construction workers crashed from the 28th floor of Eton Residences condominium in Makati City. Ten workers died, while another one was seriously injured. Investigation showed numerous violations of core labor standards by Eton Properties Philippines Inc. (EPPI), the property developer of the condo, and its various subcontractors. It was found out that workers were not provided sufficient safety harnesses, were paid poverty wages (P270/ day), and were employed via a complex web of subcontractors.  
A year later, Eton and its subcontractors have yet to be held accountable for the grave violations. Justice remains elusive to the victims and their families as cases remain pending at the National Labor Relations Commission (NLRC) and Makati Regional Trial Court. [Read issue briefer here]. 
With the continuing boom of the real estate sector, accidents like that in Eton will persist if the Aquino government will keep a blind eye to the grim state of construction workers.
As we commemorate the tragedy this Friday (Jan. 27), we urge netizens to join us in calling for justice for the Eton tragedy victims and and in demanding safe work for all. Here’s how you can help:
1) Blog about the Eton tragedy and the facts of the case
2) Circulate the video on the Eton tragedy: http://vimeo.com/31091288
3) Use the hashtag #JusticeforEton11 to discuss the issue on Twitter
4) Like the Facebook page “Justice for Eton 11” to get updates on the campaign
You can also join the candle-lighting and picket tomorrow 10:30 am in front of Eton Residences, Gallardo St. cor. Paseo de Roxas, Makati.
Justice for Eton 11 workers! Safe work for all!
E-mail: justice.eton11@gmail.com

Constructing the reality of labor from the Eton tragedy

Note: The following article was written by Jeannette Niña Nuguid Claveria, a senior political science student at the University of the Philippines - Manila. She worked as an intern at the Ecumenical Institute for Labor Education and Research (EILER), one of the active organizations calling for justice over the Eton construction tragedy.

Many Filipinos looked up to 2011 as the year that will bring hope and new opportunities for them to live their lives even just a little better than how it is. Benbon Cristobal’s family was one of those people – but that light of hope of theirs was shot down in the very first month of this year.

January 27, 2011 became a tormenting date that brought a painful memory for the families of Benbon Cristobal and nine other construction workers, for this was the day that Benbon,  JoelAvecilla, William Bañez, Jeffrey Diocado, JaykieLegada, Kevin Mabunga, Celso Mabuting, Tisoy Perez, Edward Piñion and Michael Tatlonghari lost their lives when the gondola they were riding plunged from the 32nd floor of the Eton Residences, the venue of their construction work in Makati.

This tragedy along with the negligence of the companies accountable namely Lucio Tan’s Eton Properties, Inc.,  Jose Aliling Construction Management, Inc. (JACMI), CE Construction, Arlo Aluminum Co., Inc. and Eduardo Piñon have taken breadwinners, sons, husbands and fathers from families and productive workers from the Philippine labor force. The only good that this misfortune brought was that it revealed awful working conditions of construction workers, highlighted relentless violation of labor rights and fueled the rage of the concerned to fight for the injustice done to the victims.

After almost three months since the incident, we, together with the Ecumenical Institute of Labor Education and Research (EILER) were lucky enough to conduct an interview with Benbon’s parents on April 18 in Antipolo, Rizal. This very important interview exposed background information regarding the significant situations of said construction workers, details which are unknown to the public and continually ignored by mass media.

Benbon Cristobal’s life represents the typical condition of a construction worker. This breadwinner (since his father’s disability to work due to a construction accident) and eldest son among ten siblings came from an underprivileged family. He is also Lorraine’s husband and four-year-old Nognog’s father. He was only able to get elementary education until he stopped to join construction projects with his father at the age of seventeen. He worked for ETON Properties for four years which provided the income he needed to support his families. These four years included much maltreatment and violation of his labor rights which he tolerated for the sake of his loved ones and to counter the threat of unemployment.

His wage is P 280.00/day which is definitely below the mandated minimum wage of P 404.00 as stated by Department of Labor and Employment’s (DOLE) National Wages and Productivity Commission. He is not even able to spend his P 280 fully as he allots the P100 on fare and some amount for his food to eat for the day.Like his fellow workers, he is not paid his 13th month pay, holiday pay, overtime pay and additional pay (which one would obtain for riding the gondola). They are also not provided with pay slips or payrolls. They will just sign beside their names which are written on a sheet of paper then their earnings will be given to them. Benbon’s parents also shared that when one takes an absence without leave, that worker will be suspended for two weeks and that comes along with a no work, no pay situation.

Besides the underpayment of workers, safety conditions in their work environment are deliberately disregarded. Safety equipments and rules are unobserved by authorities and this has led to tragic incidents like the most notorious one that recently happened.

Construction workers are clearly discriminated as these risk-taking workers are seen as uneducated lowlives and mga patapon ang buhay (insignificant people) by their employers, a description uttered by Eduardo Piñon himself.

This maltreatment continued even after the ETON tragedy. During the wakes of the victims, representatives from these companies abused their weak situation to force the parents to sign a paper (leaving no copy of it) and take the so-called “financial assistance” of P 150,000. But now during the National Labor Relations Commission’s (NLRC) hearings of this case filed by the parents against the contractors, they refer to it as the due payment of their balance to the victims. At present, families and supporters continue to fight for social justice they deserve from the respondents.

Of course, this reality acquires a disapproving reaction from me. Being a Political Science student, this uncovers Philippine government inefficiency to appropriately respond, intervene and resolve this kind of labor conflict. It exposes its weak mechanism to defend the labor rights which it advocates and supervise company employment relations. Being also a child, I sympathize with the victims’ families for their losses. I cannot imagine one day randomly waiting for my parent to come home from work only to find that he/she had passed away because of his/her employer’s negligence to do the proper job of assuring a safe working environment for workers as it legally should be. Being a soon-to-be part of the labor force, I am disappointed in the situation of how Philippine labor workers are actually treated and how violations of their human rights are tolerated.

And being a Filipino citizen, I am awakened to the labor reality constructed here in the Philippines that there’s actually a part of our society that allows this kind of cruel degradation of fellow citizens who contribute so much to the significant economic progress and development of this nation. We have our construction workers to thank for the convenient infrastructures that stabilize and institutionalize our society. I would not be surprised if that day will come where the demand of these workers abroad will increase and be responded to, leaving our country in dire need of them.

The exposure of the reality of construction workers had enlightened me very much and I hope the same for the Filipino public. It stroked such an impact on me. If you cared to know much about it as few have had, you too, would never look at the construction sites here the same, ever again. If this kind of labor situation is permitted, we can just imagine how worse it could get if no appropriate action is done to resolve it.

DOJ Secretary’s support on the Eton tragedy case sought by victims kin

After Malacanang gave its approval to the outsourcing plans of the Lucio Tan-owned Philippine Airlines, the Justice for Eton 11 Network is not hopeful that for the Eton tragedy case, Pres. Aquino would support the families call for justice for the death of 10 construction workers and put his top contributor in the past election, Lucio Tan liable for the death. The family just sent a letter to DOJ Secretary Leila De Lima to seek support for their case, hopeful that Sec. De Lima would act on the case.

The Justice for Eton 11 Network said last April 28, the Presidential Management Staff announced that five out of ten victim’s families will receive P3,000 each child as a form of educational assistance. Only young siblings, not the orphaned children, of victims will receive the measly assistance.

“We see this as a vain attempt by the Aquino government to hush the families’ cry for justice so that Lucio Tan, the owner of Eton Properties, can run away scot-free from the tragedy. But such lame trick only emboldens the families and supporters to continue the fight for justice,” said Anna Leah Escresa, Justice for Eton 11 co-convenor.

“We know that Lucio Tan is a major financial backer during President Noynoy Aquino’s presidential campaign. Also, the Palace has upheld Tan’s labor rights violations as it consistently sided with him over the labor disputes hounding the Philippine Airlines, another business owned by the taipan,” Escresa added. “Families are lamenting how President Aquino has settled to provide measly assistance instead of pushing the liability of Eton and its contractors and subcontractors over the tragedy.”

P20,000 offer

The advocacy network also revealed in their picket protest today at the National Labor Relations Commission (NLRC) that Eton Properties and its subcontractors, especially Arlo Aluminum offered complainant families P20,000 each as final offer amid the pursuit of the labor case, which is on third hearing today.

“Eton is saying that they already gave what is due at P150,000 for each family. But victims’ families said that amount does not even cover the back wages arising from the non-payment of minimum wage and the benefits that the victims should have received,” Escresa said.

“P150,000 is insulting for the families because it is also the price of just one square meter of the condominium units that the victims were working on. So here is Eton saying that the lives of the slain workers are just worth one square meter. How could you be more callous with that?” added Escresa.

The occupational safety advocate said Eton wants an out-of-court settlement “because it will never win the labor case.” The property developer, along with its contractors and subcontractors, were charged with non-payment of minimum wage, employment of minor, violation of health and safety standards, among others.

Case dismissed without families’ knowledge

The Justice for Eton 11 Network also said that families learned yesterday that the criminal case lodged before the Makati Prosecutor’s Office was already dismissed. 

“The case was dismissed even without the families’ knowledge. They weren’t even informed of the updates and the hearings that were conducted,” Escresa said.

Families of Benbon Cristobal and Kevin Mabunga, two of the 10 victims, filed last March 22, a manifestation with vehement opposition to motion to dismiss the case at the Makati Prosecutors Office. Early in March, other victim’s families were deceived by Arlo and Eton to sign an affidavit of desistance, which states that they were not interested in pursuing the case. The Justice for Eton 11 Network is a loose network of victim’s kin and supporters from church groups and non-government organizations who are calling for justice and accountability over the tragedy. Ten workers instantly died while another one was seriously injured last Jan. 27 when the gondola they were riding plunged from the 32nd floor of Eton Residences, a luxury condominium in Makati City owned by Lucio Tan. 

Eton workers’ kin join Labor Day actions

NEWS RELEASE

1 MAY 2011

Eton workers’ kin join Labor Day actions

Families of Eton Residences workers who died in a construction tragedy last January joined the outpouring of outrage into the streets this Labor Day as workers across the country calls for substantial wage hike and the removal of Value Added Tax on oil.

We understand the sentiments of other workers seeking for wage hike. Our sons received only PhP 280 as their minimum wage when they were still working, they did not receive any benefits and no social security. Oftentimes, they would only receive PhP 1,000 for a week of work and with prices of basic commodities continuing to rise, it is almost impossible to make ends meet,” said Marissa Cristobal, mother of Benbon Cristobal, one of the victims of the Eton Tragedy.

According to Cristobal, Benbon worked for more than 4 years as a construction worker. He started with PhP 180/day and eventually worked his way to Php 280/day. He died a few weeks after getting his wage increase. “We know the non-payment of minimum wage is a violation of labor standards that is why we filed cases against Eton Properties and its sub-contractors,” continued Cristobal.

Victim’s families have lodged before the National Labor Relations Commission (NLRC) a case against Tan and his contractors and subcontractors, who were charged with non-payment of minimum wage, employment of minor, violation of health and safety rules, among others.

Cristobal was joined by the family of Michael Tatlonghari, Kevin Mabunga, and other victim’s families during the Labor Day protests, gathering signatures from trade unionists and various sectors to muster broader support for the campaign for justice.

Photo Exhibit

The Justice for Eton 11 Network will set up a booth later today at Liwasang Bonifacio during Labor Day activities to remind the public of the harrowing tragedy through rare photos of the accident site and petitions.

We want people to remember the tragedy that transpired last January 27, 2011 which took the life of Joel Avecilla, William Bañez, Benbon Cristobal, Jeffrey Diocado, Jaykie Legada, Kevin Mabunga, Celso Mabuting, Tisoy Perez, Edward Piñion and Michael Tatlonghari. The Eton workers’ case starkly highlight the failure of existing mechanisms to ensure decent wages and decent work,” said Anna Leah Escresa, Executive Director of Ecumenical Institute for Labor Education and Research (EILER) co-convenor of Justice for Eton 11 Network. “We work to live and not to die.”

PNoy “gifts” for victims

Last April 28, the Presidential Management Staff (PMS) announced that five out of ten victim’s families will receive P3,000 each child as a form of educational assistance. Ironically, those children of the victims who were orphaned by the tragedy were excluded since they were not yet at school age. Only young siblings of victims will receive the measly assistance.

We do not need crumbs from President Aquino. We need justice. And that means pursuing those who are responsible for the death of the victims including Eton and its contractors and subcontractors,” ended Escresa.

Ten workers instantly died while another one was seriously injured last Jan. 27 when the gondola they were riding plunged from the 32nd floor of Eton Residences, a luxury condominium in Makati City owned by Lucio Tan. #

Three months after Eton tragedy: Victims’ kin pursue call for justice, urge Aquino gov’t to end work accidents

Families of the victims of the January 27, 2011 Eton Residences Tragedy once again trooped today to the National Labor Relations Commission (NLRC) to attend the second hearing on the case they filed last March 25, 2011 against Eton Properties Philippines, Inc. and all its subcontractors “for unfair labor practice specifically the non-payment of minimum wages, unsafe working conditions, non-compliance to occupational health and safety regulations resulting to death, non-registration of social security, non-payment of SSS, employment of minor, and violation of labor standards.”

“The families and their lawyers is expected to present their positions regarding the amount of compensation the victims survivors should receive. We feel the families have a strong case, since the Department of Labor and Employment – National Capital Region (DoLE-NCR) has already enforced ‘double indemnity penalties amounting to P5,239,857.17 and total unearned wages of P1,719,223.92 for the benefit of 339 construction workers’ from several of the contractors of Eton Properties last March 25, 2011,” said Noel Colina, Justice for Eton 11 Network co-convenor, and Executive Director of Institute for Occupational Health and Safety Development (IOHSAD).

Families and supporters of Eton Residences workers are also asking the Aquino government “to take massive strides” in eliminating hazards and labor injustices in the workplace as they mark the third month of the tragedy today.
“The recent mining tragedy in Compostela Valley in Mindanao reminds us that work-related deaths of workers persist even after the deadly fall of Eton workers from the 32nd floor three months ago. This is also a call to the Aquino administration to squarely address occupational risks and concretely ensure workers’ safety,” said  Colina.

According to the group, as more work-related deaths of workers occur, the government should take active role on how to prevent such tragedies.

“Regulating workplaces through inspections conducted by the appropriate government agencies, including the Bureau of Working Conditions and the Occupational Health and Safety Center, should be reinstated. Mr. Aquino can instruct the Department of Labor and Employment to repeal the Department Order 57-04 (DO 57-04) issued by the said department,” added Colina.

The DO 57-04 allows workplaces with more then 200 employees to conduct self-assessment and avoid scrutiny from the workplace inspectors.

On Thursday, April 28, 2011, the families of the Eton Tragedy victims will lead the commemoration of Workers Memorial Day 2011. Workers Memorial Day is done in various parts of the world to remember workers who have died due to work and underscore the need for safer workplaces. #

Eton workers’ kin troop to NLRC on first hearing of the case

 

‘SSS offices pointing fingers over slain Eton workers’ benefits’

Families of construction workers who died in a tragic gondola plunge in Eton Residences in Makati more than two months ago trooped today to the National Labor Relations Commission (NLRC) in Quezon City for the preliminary hearing of the case which they filed against Eton Properties and its subcontractors.

Among those charged are Lucio Tan, owner of property developer Eton Properties, Eduardo Pinon, and officials of Eton’s contractors CE Construction, Arlo Aluminum, and Jose Aliling Construction. 

“Last March 25, families of Eton Tragedy victims Benbon Cristobal, Michael Tatlonghari and Kevin Mabunga, filed a case before the NLRC to push for accountability and justice over the tragedy,” said Noel Colina, co-convenor of the Justice for Eton 11 Network.  

Colina said the case was lodged against Eton Properties Philippines, Inc. and all its subcontractors “for unfair labor practice specifically the non-payment of minimum wages, unsafe working conditions, non-compliance to occupational health and safety regulations resulting to death, non-registration of social security, non-payment of SSS, employment of minor, and violation of labor standards.”

SSS dilly-dally, families angry

The Justice for Eton 11 Network, which is composed of victims’ families and supporters, also raised a howl on how the families were treated by offices of the Social Security System (SSS).  

“The SSS promised that the case of the Eton victims will be a top priority. In reality, the two branches, SSS Antipolo and SSS Palatiw in Pasig, keep passing the puck as to who has jurisdiction over their claims. Each time families follow up on the case, the two offices point to each other, rubbing salt to the families’ wounds,” clarified Colina.

During the hearing, members of the Justice of Eton 11 Network also held a brief program in front of the NLRC to push the labor commission to act swiftly on the case. 

“There will be no letup in the case against officials of Eton and its contractors over the workers’ non-payment of minimum wage, denial of benefits and child labor practice in the construction site,” said Colina. “Unless those responsible for the incident are held liable, construction companies will have the guts to shackle workers into slave-like and hazardous working conditions.”

Last Jan. 27, ten workers instantly died while another one was seriously injured when the cable of a service elevator in Eton Properties snapped. This coming April 28, 2011, 3 months after the gruesome tragedy in Makati City, families of Eton Tragedy victims will lead the gathering of various groups as part of the worldwide commemoration of Workers Memorial Day, a day for remembering those who died due to work.

The Justice for Eton 11 Network is a loose network of victim’s kin, non-government organizations, church groups and labor unions demanding justice for slain workers. #

Posted March 23, 2011

The Department of Labor and Employment (DoLE) has slapped a P5 million fine to the contractors and subcontractors of the Eton Residences project in Makati City for their failure to pay the right wages to their construction workers.