FASAP files 'gender discrimination' complaint vs PAL

The Flight Attendants' and Stewards' Association of the Philippines (FASAP) filed a complaint before the Commission on Human Rights (CHR) on the alleged anti-women and gender discrimination policies of the flag carrier Philippine Airlines' (PAL). As CHR Chairperson Rosetta Rosales received the complaint on Monday morning, she commented that the violations of PAL are "obvious," and that the CHR will work together with the Department of Labor and Employment (DOLE) in resolving the issue. FASAP had already brought the case to DOLE for preventive mediation. Rosales said the case is a "top priority" and the CHR will come out with a resolution by the end of the month. "Obvious na obvious and violation. Nasa Constitution na dapat pantay-pantay," said Rosales, who assured FASAP that the CHR will give priority to their complaint. Three major issues FASAP president Roberto Anduiza said the original negotiations on the PAL management policies have been reduced to three major points: the discriminatory retirement age, the mandatory pregnancy leave, and their wages. In its statement, FASAP said that the PAL-FASAP Collective Bargaining Agreement (CBA) provides a complusory retirement age, which is higher for males at 60, compared to females at 55. Moreover, the new hires are retired at the much younger age of 40. FASAP proposes to have an equal retirement age for men and women, consistent with the Constitutional mandate declaring that the "State shall ensure the fundamental equality before th elaw of women and men" (Sec. 14, Art. II, 1987 Constitution). FASAP also seeks to raise the retirement age of new hires, as the Constitution guarantees "equality of employment opportunities for all" (Sec. 3, Art. XIII, 1987 Constitution). FASAP has been trying to correct these discriminatory provisions for years but PAL has been playing hardball and employing tactics that force the flight attendants to abandon its cause, the flight attendants said. Only flight attendants are forced to retire at 40. Managerial and ground employees retire at 65. "By forcing us to retire before our time PAL is depriving us of our right to gainful employment and a dignified retirement," read the statement. Stereotyped as glamorous and feminine "In an industry where safety is critical, the skills and experience of senior crew members should be valued, not discarded indifferently or as a matter of policy," they said. Such a policy finds root in sexism, as flight attendants have been stereotyped since the 1930s as sexy, exuberant, glamorous and feminine, the statement read. PAL's policies are "antiquated and sexist, not rooted in logic or common sense but by sheer discrimination based on sexism and appearances," said FASAP. Merit and performance As safety professionals, flight attendants have a right to be treated based on merit and performance, not age and gender. Despite the Magna Carta for Women, PAL imposes a mandatory pregnancy leave where pregnant flight attendants must go on leave without pay. Worse, the period they are on pregnancy leave is subtracted from their years of service, FASAP said. "The provision in effect penalizes women fro being pregnant and suspends her for seven months without pay," said FASAP. PAL flight attendant Cathy Zalvidea 32 is in her sixth month of pregnancy and on unpaid leave, based on the PAL policy. When she retires in 8 years, she will not have many options. "Siguro ang pinaka option ko na is to start a business, pero siyempre alam mo naman ang economics natin, mahirap din. At ano namang gagamitin ko, siguro yung retirement pay na makukuha ko from PAL hindi rin enough," she said. At 40, she would have served only 17 years of service, not including her mandatory pregnancy leave. "The issues that they raised sound jurassic," she said, saying the law against all forms of discrimination is already in place with its implementing rules and regulations. "Certainly that has already been articulated and domesticated in the newly passed Magna Carta for Women. If PAL management is able to understand the issues, then they may open up," she added, saying that all other airlines are complying with labor code requirements. "There is really no reason why any company will still hold its jurassic law against women," she said. "As our country's premier flag carrier and Asia's first airline, it is only fitting that age and gender discrimination should be abolished and rendered obsolete. PAL should serve as a true champion of equality and fairness towards its flight attendants. Only then could it be truly Filipino," read the statement. Strike in October Anduiza if the PAL management continues to refuse their plea, the cabin crew union will go on strike by the end of October. "We intend to stop operations," he said, adding that the union has approximately 1,600 members. Meanwhile, PAL spokesperson Cielo Villaluna told GMANews.TV that the PAL management would like to refrain from issuing statements related to FASAP issues until after completion of conciliation hearings at the DOLE. "We don't want to exacerbate the situation. This will not help in the progress of the hearings," she said. Villaluna was quoted in a statement issued on September 9 as saying the union's plan to strike is ill-timed because it would scare away tourists and cause further damage to the flag carrier’s fragile finances. “A strike threat doesn’t help in efforts to lure back tourists to the country," she said. Villaluna also refuted accusations of age and gender discrimination, reiterating that the early retirement age is part of the negotiated CBA FASAP leaders signed on two separate dates. "They complain of alleged inequity of early retirement provisions when in fact the older batch of FASAP members, including the union leaders themselves, have been receiving and enjoying financial benefits in exchange for the younger retirement age of their colleagues," Villaluna said. On the claim that PAL discourages pregnancy among cabin attendants, Villaluna said there were at least 65 cabin attendants who went on maternity leave last year. “All of them received maternity benefits in accordance with the Labor Code and the CBA. PAL even advanced P30,000 in SSS benefits before they gave birth," she said. –VVP, GMANews.TV