THERE is nothing illegal on the move of the Bacolod City Water District (Baciwa) to disallow the entry of 60 employees who have been holding picket outside their office since Monday, January 4.
This was explained Tuesday, January 5, by the Board of Directors of Baciwa led by its chair, lawyer Lorendo Dilag.
Dilag said all better options and enough time, three years to be exact, of assemblies and dialogs were given to all employees of the water district before its Joint Venture Agreement with Prime Water Bacolod was signed and implemented on November 7, 2020.
The board passed a resolution declaring as redundant of the positions of these employees, Director Mona Dia Jardin said.
"These 60 employees will be allowed entry if they decide to process their separation and benefits," Jardin added.
She said the 60 employees are insisting to stay with Baciwa when they have been aware that Baciwa now only maintains 23 employees since their role with the JVA is only monitoring while Prime Water takes care of the entire operation of the water district.
The employees refused better options like the Early Retirement Incentive Plan where they were offered 250 percent times basic rate times number of years in service. They were also offered to be absorbed by Prime Water but they refused, Jardin said.
"It's unfair that they charge us of not giving them due process when they were given three years and all better options," Jardin said.
"This is an action of the Baciwa Board and we are surprised that Prime Water is being hit on the issue," Jardin also clarified.
Dilag justified that the termination of the said employees is not illegal, it has an opinion from the Office of the Government Corporate Counsel (OGCC) and they were informed several times before their positions were declared redundant.
He said aciwa offered two options by applying for employment by Prime Water Infrastructure Corp. (Prime water), or early retirement incentive plan.
Elpidio Vega, government corporate counsel, said "pursuant to reorganization and redundancy shall, if entitled thereto, be paid the appropriate separation pay and retirement and other benefits under existing laws within 90 days from the date of the effectivity of their separation or from the date of the receipt of the resolution of their appeals as the case may be."
"With regard to the applicability of private-private-partnership Governing Board Resolution No. 2016-06-04, the same does not cover projects undertaken through joint venture arrangements.