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TUCP alarmed over moves to make breastfeeding as non-compensable in workplace

By TUCP
June 22, 2012

QUEZON CITY  –  Trade Union Congress of the Philippines (TUCP) President Democrito “Kito” Mendoza expressed alarm over moves by foreign milk companies to unify breastfeeding laws which will make breastfeeding of babies during work hours as non-compensable.

“We are going to vehemently oppose such amendments. If this is allowed by our legislators, it is like tolerating sexual harassment in workplaces. We are going to fight this out, tooth and nail,” Mendoza said.

Earlier, the Trade Union Congress Party Party-List (TUCP) said there were movements to amend Republic Act No. 10028, better known as the Expanded Breastfeeding Promotion Act of 2009. A substitute House Bill, consolidating House bills 3535, 3527 and 3396 proposes making non-compensable the time that a working mother uses in the workplace to express her milk.

“It is anti-worker and anti-women to leave unpaid lactation hours at the workplace for working mothers. It is anti-worker because it prejudices lactating workers who have the right to equal pay for equal work and it is anti-women because it discriminates against lactating women who have the right to work while providing the best nutrition for their infant children. It is reactionary and unfair because we have a progressive law already in place that is being looked up by the International Labor Organization (ILO), the United Nations Children’s Fund (UNICEF) and the World Health Organization (WHO) as a model for other countries to emulate. We are moving the clock back to favor the multinational milk companies,” said TUCP Partylist Representative Raymond Mendoza.

“Under the current Milk Code, lactating women in the workplace are compensated for lactation breaks for not less than 40 minutes for every eight-hour work period. I see no reason why lactation breaks should be made non-compensable,” Rep. Mendoza added.

Rep. Mendoza expressed concern that there is a renewed lobby by milk and pharmaceutical companies to undermine the position that “Breastmilk is still the best food for babies”.  He expressed doubt as to the true intent behind the consolidated house bills. He pointed out that the pending bills do not appear favorable to the advocacy to promote “breastfeeding” and it would only provide greater avenues for breastmilk substitute manufacturers to push their products for purely commercial gains.

“We know that breastmilk is rich in antibodies. The medical literature supports the findings that breast-fed babies are less prone to infectious diseases,” said Mendoza. “It is clear that reverting to breastmilk substitutes is counterproductive to our desire to keep our babies healthy,” he added.

The pending bills, if passed by Congress, will not compensate a working mother during lactation periods. Further, it will allow breastmilk substitute manufacturers and marketers to make scientific claims of adequate nutritional value that undermines the confidence of the mother in breastfeeding, and inculcates in the minds of the public that it is acceptable to feed the child beyond 6 months of age with breastmilk substitutes.

Rep. Mendoza stressed that sound legislation like the current Milk Code should be left untouched unless found to be deleterious to public welfare. “As the dictum goes, if it ain’t broke, why change it?” Mendoza explained. Also, he proposes that the consolidated bill, if passed, should have the following express provisions: paid lactation hours for women workers and the desirability of and preference to breastfeeding for children until three years of age. He also calls for deletion from the consolidated bill of the proposed provision on scientific or nutritional claims on breastmilk substitutes that manufacturers will disseminate through advertisements through media and on infant milk labels and containers, marketing campaigns and donations during calamities to mothers with infant children.

The proposed consolidated House bill misleads the public, creates health problems for newborn babies, adds to the expenses of the household and definitely advances the interests of milk manufacturers without regard to infant and child health,” added TUCP Representative Mendoza. TUCP firmly believes in the statement that “Breastmilk is still the best for babies” and vows to protect the current Milk Code for the welfare of the helpless infants who depend naturally on mother’s milk.

“Recently, the Department of Health (DOH) memorandum that prohibits multinational milk manufacturers from using registered trademarks which undermine breastfeeding was upheld by the Department of Justice (DOJ) for the protection of public welfare. The favorable decision of the DOJ attests to the unwavering dedication of the government in promoting breastfeeding among infants and young children. This is a timely reminder to the proponents of the consolidated Bill that they should not vaccillate, neither deviate from the advocacy of the Philippine government as a whole regarding breastfeeding,” the TUCP Representative concluded.