MANILA –The Department of Labor and Employment (DOLE) on Friday reiterated its order to bus operators to provide fixed and performance-based salaries, as well as better conditions at work, to drivers and conductors.
Bureau of Working Conditions (BWC) Director Teresita Cucueco said DOLE Department Order No. 118-12, series of 2012, which established the rules and regulations governing the employment and working conditions of drivers and conductors in the public utility bus transport industry, must be strictly enforced and monitored.
“The department order ensures income security for the bus drivers and conductors, as well as improves the working conditions in the bus transport sector. We will continue our monitoring on the implementation and compliance, as mandated,” Cucueco said.
The BWC Director also said the department order reduces the risk-taking behavior of drivers with a purely commission-based system, as they are provided with secured income, social benefits, as well as safety and health measures at work.
Based on the DO, the fixed wage component shall be an amount mutually-agreed upon by the owners or operators and the drivers and conductors, which should not be lower than the applicable minimum wage.
The performance-based wage component, on the other hand, shall consider business performance, which includes revenue or ridership and safety performance, taking into consideration the safety records, such as incidence of road accidents and traffic violations.
The Supreme Court on Sept. 27, 2018, dismissed the petition of the bus operator groups that questioned the DOLE order, which they claimed had violated their constitutional rights as public utility bus operators to due process, equal protection, and non-impairment of obligation of contracts.
“The Department Order No. 118-12 and Memorandum Circular No. 2012-001 are in the nature of social legislation to enhance the economic status of bus drivers and conductors, and to promote the general welfare of the riding public. They are reasonable and are not violative of due process,” the decision of the SC read. (PR/PNA)
