(Editor’s note: The following is the official statement of the UST Hospital administration sent to the Varsitarian office today, March 21, 2019 (Thursday) on the labor dispute between the UST Hospital Employees’ Association).
UNIVERSITY OF SANTO TOMAS HOSPITAL
LETTER TO THE EDITOR
OFFICIAL STATEMENT OF UST HOSPITAL
In the past few weeks, the University of Santo Hospital (USTH) has been severely and unjustly maligned, defamed and criticized in several news articles and social media, including a press conference, over the alleged unfair labor practices committed against its employees, more specifically, the nurses. Numerous statements have been said to appear that union members’ collective action was premised on the supposed unjust working conditions of the nurses.
To rectify the misleading information, the USTH Management has decided to, once and for all, speak on the matter.
To begin with, the labor dispute which is now pending before the Office of the Secretary of the Department of Labor and Employment (OSEC DOLE) was primarily based on bargaining deadlock and the alleged Unfair Labor Practices, i.e. violation of duty to bargain collectively and the interference to union activity. The present issue primarily hinges on the union’s demand for a higher benefit, that is more than what the present Collective Bargaining Agreement (CBA) provides.
On the other hand, the issue on the alleged poor working conditions of the nurses” is not part of the discussion in the National Conciliation and Mediation Board (NCMB) of the DOLE, as the said issue was clearly excluded and/or dropped by the union as one of the issues since the same is already subject of a pending case with the DOLE NCR which is a different and separate forum.
As of the present, this is now pending resolution before the DOLE NCR after the hospital has filed its position paper while the Ugnayang Nagkakaisang Manggagawa-University of Santo Tomas Hospital (UNM-USTH), the employees’ union, opted not to file any.
Nonetheless, the hospital knew of the various allegations hurled against the institution. One allegation is that the hospital has an inadequate staffing in various wards or units of the institution and that the nurses are overworked.
To recall, based on the Department of Health (DOH) regulations, the required ratio for nurses and patients in a hospital is 1:12. Such ratio is adequately complied with by the hospital as USTH maintains a nurse to patient ratio of 1:7-8. For Intensive Care Unit (ICU) cases, USTH implements a nurse to patient ratio of 1:2 or 3 which is likewise allowable under DOH Regulations.
It was also alleged that the hospital imposes training fees against nurse trainees. This pertained to the fees collected by the hospital from the nurse trainees whereby they were required to pay P5,500.00 training fee for their 3-month Clinical Exposure and Didactics. The said amount covers the honorarium for speakers and snacks for the 5-days Didactics. The cost of the training fee is intended for the acquisition of Specialized Nursing Skills chosen by the nurse trainee herself (e.g. Medical-Surgical Program, Maternal Neo-natal Enhancement Program, Peri-operative Program) Certificates of Completion are given out to the nurse trainees after completion of the training program.
But the alleged imposition of training fee is already a thing of the past. As of 01 November 2017, USTH already stopped conducting the said 3-month training program. Currently, what is now being conducted is a 3-week Clinical Exposure Program where no training fees are collected. This 3-week period is counted as part of their 6-month probationary employment period.
Another allegation is that the hospital is forcing its employees or particularly its nurses to render overtime work against their will.
Under the Labor Code, the law expressly allows forced or mandatory overtime work in situations when it is necessary under certain circumstances or when certain exigencies exist. Logically, this is indispensable and necessarily justified in a hospital setting where patients’ lives are at stake.
What is rather illegal or prohibited is the non-payment of overtime pay for the extra work rendered. There is no instance where the nurse who rendered an overtime work was not paid as long as the proper forms were complied with.
To clarify, even if our nurses render an overtime work, he/she gets paid with an overtime pay which is higher than what the Labor Code provides.
As to the issue of contractualization, the previous policy of the hospital is to give the newly hired nurse a 5-month fixed term and a one-year employment contract. This set up is allowed under the Labor Code and even categorically recognized by the Supreme Court in its various cases.
As of March 2018 however, the said policy was revised. Starting thereon, an incoming nurse would only need to serve a shortened one-year term (removing the 5-month fixed term) prior to his/her regularization provided that he/she successfully proves to be qualified for the position.
Just recently, the hospital again simplified its process of hiring new nurses. Currently, the one-year fixed term was already abolished.
Starting 08 January 2019, newly hired nurses only need to complete the probationary contract for a period of 6 months. Thereafter, the said nurse will already attain regular status. This policy also benefits those nurses who had applied prior to the said date (08 January 2019) as the new policy applies retroactively. That is, those nurses whose contracts were for a one-year fixed term shall be deemed and considered regular employees if his/her employment is already beyond six (6) months from the time he/she signed the one-year fixed term contract. The policy also applies to non-nursing professionals/technical employees, i.e. radiologic technologists, medical technologists and the like.
In connection with nurse shaming allegation, the records are clean that the hospital has not received any formal complaint against an individual before the Human Resource Department. In the same manner, there is no grievance filed with the Grievance Committee. Should there be an incident of actual nurse shaming, proper complaints must be filed and the proper forum must be utilized in order that the complaint may be properly acted upon by the USTH Management. The proper procedure must be observed.
Meanwhile, the transfer of employees is a valid exercise of USTH of its management prerogative which is duly recognized by the Labor Code. The transfer of personnel is applied necessarily to rotate and cross-train the employees, not primarily because the hospital would like to indirectly sanction erring employees. Sufficient time or advance notice is usually given in majority of cases of transfers except in few cases where the transfer is immediate because of certain exigencies. Our employees are not underpaid. On a yearly basis, USTH is spending around P708 million by way of salaries and benefits to its employees based on its existing CBA. On the average, the salaries and benefits paid (if quantified) by the hospital to its more than 1,000 employees amount to approximately P59,000 per month for every employee of the hospital. Currently, the minimum salary of an ordinary employee under the Minimum Wage Law is around P12,000 per month. Obviously, the salary and benefits which a regular employee receives in USTH is even above and beyond what the Minimum Wage Law provides.
By way of comparison, the existing CBA in USTH is one of the most generous CBA’s in so far as the hospital sector is concerned. To name a few, USTH provides free high school and college education to the children of the regular employees of the hospital for up to four (4) children each. The hospital also provides free hospitalization and laboratory examinations to all of its regular employees while their dependents are given 80% discount for the hospitalization expense. The discount in hospitalization even extends after the regular employees have already retired. Aside from these, the hospital also provides its employees with at least thirty (30) other benefits.
With these, it is clear that USTH’s regular employees are enjoying superior benefits compared to various other hospitals in the country. With these, how can it still be insisted that the wages and benefits are still inadequate?
To set the record straight, the hospital cannot simply agree to increase the employees’ salaries and benefits with an amount that it can no longer afford or when the claim is clearly excessive. A demand for additional salaries and benefits amounting to P700 million (originally P1.1 billion) is too much to bear. What the hospital can only give or provide is an increase in salaries and benefits that is equitable, fair and reasonable.
Finally, the UST Hospital Management would like to remind all
employees of the UST Hospital of their professional commitment to primarily serve the interests of their patients above their own personal interests. Thus in no way should the employees of the hospital compromise the health, safety, and the lives of the patients of the hospital in their quest for increase in salaries and more benefits. It must be remembered that “the loss of one life or even the compromise of care of any single patient can never be justified by any financial gain.
As an official publication of the university, the Varsitarian should be more prudent and responsible in posting such one-sided stories of an issue which is now being handled in the proper legal forum.
Thank you very much.
(Signed)
Dr. Marcellus Francis L. Ramirez
Acting Medical Director
UST Hospital
