Kilusang Mayo Uno (KMU) Cordillera is calling on the legal community to pitch support for a possible legal case on the death of SM City Baguio employee, Robin Esguerra.
Mike Cabangon, KMU – Cordillera, regional coordinator called on legal groups and individuals to offer their services, pro bono if the Esguerra family decides to file a legal case against the corporate giant to defray the high cost of court and legal fees.
Esguerra, an employee of the SM City Baguio janitorial service agency, lost his life in an elevator accident, November 2, 2024.
KMU Cordillera data shows SM City Baguio is the 23rd largest mall in the country with over 3,000 workers and only 12% holding regular positions.
“The Herrera Law further complicates this issue by prohibiting contractual workers from joining unions, severely limiting their ability to advocate for improved working conditions and rights. This situation raises serious concerns about job security and equitable treatment for the workforce,” the KMU statement said.
Cabangon stressed, each worker is entitled to a humane treatment and just compensation, regardless if regular, casual or contractual, “Kailangan pangalagaan ang kaligtasan ng buhay ng tao hindi lang puro income at profit ang nasa utak.”
In the case of Esguerra’s death which is classified as industrial and work related, safety protocols have been violated calling for an investigation on the Occupational Safety and Health standards.
“Tungkulin ng SM na pangalagaan ang safety ng mga tauhan nila, ito ang na violate, ito ang hindi natupad,” adding it is irrelevant if Esuguerra is not a regular employee, as safety and the right to life is paramount in any situation.
KMU Cordillera stated “Contractualization significantly complicates occupational health and safety issues, as employers frequently neglect to provide adequate protections for their contractual workers. This lack of support disproportionately impacts these employees, depriving them of essential benefits such as health insurance and standardized safety equipment, ultimately jeopardizing their overall well-being and safety on the job.”
Cabangon said a compensation claim at the Department of Labor and Employment is also in order.
Esguerra is survived by his wife set to give birth on December.
NLM reached out to SM City Baguio for a statement but was informed the final report of the Philppine National Police is being awaited before any comments are released. Maria Elena Catajan
