DoLE affirms ruling denying regularization of 699 nickel workers

THE Department of Labor and Employment (DoLE) has affirmed its decision to deny regular status to 699 workers at a nickel processing facility in Palawan.

In a resolution received by the JGC Workers’ Union-Federation of Free Workers (JGCWU-FFW) on May 7 and shared with BusinessWorld on Sunday, the Office of the Secretary dismissed the union’s motion for reconsideration on the ground of lack of legal standing.

“A labor organization’s capacity to represent is limited to its members, and it cannot extend to workers of a contractor or subcontractor unless properly authorized,” the resolution read.

“In the absence of evidence showing the affected employees’ membership, Movant has no direct or immediate legal interest in the outcome of this case,” it added.

The ruling, signed by Labor Undersecretary Felipe N. Egargo, Jr., sustained an earlier Feb. 4 order which reversed a 2025 compliance mandate from the DoLE-Mimaropa regional office.

That initial order had directed JGC Philippines, Inc. to regularize the workers at the Coral Bay Nickel Corp. site in Bataraza, Palawan, after finding that their repeated contract renewals suggested a circumvention of security of tenure.

However, the central office held that the union failed to prove it represented the 699 specific workers involved in the inspection, noting that a document submitted contained signatures from only 133 individuals and did not sufficiently establish formal membership or authority.

In a statement released on Sunday, FFW President Jose Sonny G. Matula characterized the case as part of a broader trend of “precarious forms of employment” that threaten workers’ rights.

“The JGC case is not isolated. That’s why we ask the DoLE to take seriously the inspection requests of FFW in various regions. Inspection should be a bridge to justice, not a way to reverse the rights of workers,” Mr. Matula said in mixed English and Filipino.

The group said it is considering a petition for certiorari before the Court of Appeals as its next move. — Erika Mae P. Sinaking