NAV

Thursday, December 30, 2010

assumption of jurisdiction comments

The TRUTH will set you FREE.


dear Sen. Chiz,
greetings pong muli... mabuhay po tayo...

Ang kapangyarihan pong na assumption of jurisdiction sa labor dispute sa Kalihim ng Paggawa ay labis pong naglulubog sa mga mangagawa sa lusak ng pagkaalipin at paghihirap at kawalang pag-asa. Buti po sana ay kapag nag-utos ang kalihim ng assumption of jurisdiction ay aksyunan niya ito sa isang takdang panahon. Yun po ang masama, kanya pong kukunin ang jurisdiction sa paghahatol sa labor dispute at pagkatapos ay uupuan na lang niya ito. Nararapat po ay bigyan na nararapat na sanction o kaparusahan ang kalihim kapag hindi niya nadesisyunan sa loob ng takdang panahon kasama na rito ang muling pagbabalik ng karapatan sa mga manggagawa na ipagpatuloy ang bantang pag-aaklas. Dito po sa kaso ng TASREA (Tabangao She ll Refinery Employees Association ) laban sa Shell Management, taon po ang nakakalipas ngunit wala pa pong desisyon na inilalabas ang kalihim. Nangyayari pong sa paraang ito tinutulungan ng kalihim ang Shell Management o alin mang kumpanya upang supilin ang karapatan ng mga kawani sa patas na pasueldo. Sa batas na ito ay inilagak natin ang mga manggawa na magtrabaho labag sa kanilang kagustuhan habang ang management naman ay tagumpay sa kanilang nais na wage increase moratorium habang inuupuan ng kalihim ang kaso. Habang tumatagal upuan lalong lumalaki ang pakinabang ng SHELL o ng kumpanya. Sa laki po ng nagiging pakinabang na iyon ng SHELL o alin mang kumpanya, mas mura pong bilhin ang tulong ng kalihim kaysa magbigay ng tumpak na umento sa paggawa. Hindi po malayung isipin na may buong matamis na ugnayan na sa pagitan ng kalihim at ng SHELL o alin mang kumpanya. Hindi rin mahirap isipin na may mayroong dalawang nakahandang desisyon ang kalihim : isang patas base sa katotohanan at isa naman base sa kabuktutan. Kapag ang kumpanya hindi gumawa ng matamis na ugnayan.. mapait na hatol ang kanyang makakamtan. Bakit naman nanaisin ng kumpanya ang hatol hango sa katotohanan ... gayon namang merong mabibiling mas mura na hatol hango sa kabuktutan?
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Wednesday, December 29, 2010

RETIREMENT PAY LAW


This webpage features the full text of
Republic Act No. 7641
December 9, 1992
The Retirement Pay Law
 
THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE
 Philippines      |       Worldwide      |      The Business Page
 
_________________________

REPUBLIC ACT NO. 7641
December 9, 1992

RETIREMENT PAY LAW

AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF ANY RETIREMENT PLAN IN THE ESTABLISHMENT

 Section 1.    Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:
    "Art. 287.    Retirement. - Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.   "In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee's retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.   "In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.   "Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.   "Retail, service and agricultural establishments or operations employing not more than (10) employees or workers are exempted from the coverage of this provision.   "Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of this Code."
Sec. 2.    Nothing in this Act shall deprive any employee of benefits to which he may be entitled under existing laws or company policies or practices.

Sec. 3.    This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved:   December 9, 1992





 
Section 1.    Article 287 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines, is hereby amended to read as follows:
    "Art. 287.    Retirement. - Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.   "In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee's retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.   "In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.   "Unless the parties provide for broader inclusions, the term one-half (1/2) month salary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.   "Retail, service and agricultural establishments or operations employing not more than (10) employees or workers are exempted from the coverage of this provision.   "Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of this Code."
Sec. 2.    Nothing in this Act shall deprive any employee of benefits to which he may be entitled under existing laws or company policies or practices.
 
Sec. 3.    This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.
 
Approved:   December 9, 1992
 
 
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Monday, December 27, 2010

CHRISTMAS GREETINGS

Merry Christmas

 

from Alfred and

 

John Donovan

Dec 25th, 2010
by John Donovan.
No comments yet

 

We would like

 

to wish all of the

 

tens of thousands

 

of good folk at

 

Royal Dutch Shell

 

and all people who

 

visit and contribute

 

to this website,

 

RoyalDutchShellplc.com,

           

Merry Christmas

 

and a

 

Happy New Year

 

From

 

Alfred

 

and

 

John Donovan

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Why SHELL wont SUE BILL CAMPBELL ?

Why won't Shell

 

sue its former

 

HSE Group Auditor

 

Bill Campbell for libel?


Dec 27th, 2010
by John Donovan.
No comments yet


By John Donovan

Printed below are extracts from an email I sent on 9 August 2006 to the then CEO of Royal Dutch Shell Plc., Mr Jeroen van der Veer.
It concerned very serious published allegations against Shell management by the former HSE Group Auditor of Shell International, Mr Bill Campbell. His allegations related to the Brent Bravo explosion in which two Shell employees lost their lives as a consequence of alleged criminal negligence. It was an investigation led by Bill Campbell that revealed the notorious "Touch Fu** All" safety culture for Shell North Sea production platforms, endorsed by Shell management.
Mr Campbell has also alleged a cover-up involving senior executive directors of Royal Dutch Shell.
No reply or acknowledgment was received in response to the email. Shell did contact Mr Campbell's solicitors in the hope of ending his contact with us. That maneuver was unsuccessful.
We understand that following a long investigation by the Grampion Police, a decision by the Scottish legal authorities on launching a prosecution is imminent.
THE EMAIL
Dear Mr Van der Veer
As a long term Shell shareholder I am extremely concerned by the serious allegations made by the former Shell International Group Auditor, Mr Bill Campbell, concerning alleged falsification of records in relation to the Shell Brent scandal.
We really cannot have a distinguished former high level Shell official being allowed to make such accusations without Shell taking action against him for defamation if, as Shell claims, they are untrue.
This is not a case of some outsider ignorant of the facts making wild accusations. The charges in this case are being made by a person of high reputation and considerable expertise following his authorised investigation as Group Auditor into the Brent safety regime.
Since a number of "accidental" deaths have occurred on Brent Bravo, two of which resulted in a record breaking £900,000 fine imposed on Shell, the allegation of falsification of records could result in criminal charges if true.
Mr Campbell is on record as claiming that he has personally met with you to discuss these matters. If this is correct, then you must be fully briefed on the issues and the allegations he has publicly made. They have been repeated in various mass media sources and in trade publications including, for example, UpstreamOnline.
Mr Campbell says that ESDV leak-off tests were purposely falsified, not once but many times. He further alleges that the inaction of the relevant Asset Manager, the General Manager, the Oil Director and the Shell Expro Managing Director in 1999 (Malcolm Brinded), contributed in some part to the unlawful killing of two persons on Brent Bravo in September 2003.
My father and I have published some outspoken articles about Shell ourselves but nothing as serious as the charges levelled against Shell management by your own former Group Auditor.  And as you are aware, we have a special dispensation from Shell International Petroleum Company to say what we like about Shell.
Surely Shell is not going to allow Mr Campbell to continued repeating these devastating allegations? If they are unfounded, why have you not already instituted libel proceedings? If they are true, why have you not sacked Malcolm Brinded? Why has he not done the honourable thing and resigned?
If you do not take action, people will naturally assume that Shell management is unwilling to do so because Mr Campbell is speaking the truth and can prove it.
If anyone says anything untrue about Shell, it is your duty Mr Van der Veer to take action to protect the reputation of the Shell brand. However, you have my sympathy to some degree because Shell management blunders and misdeeds have been so wide-ranging that people who wish to criticise have an almost unlimited supply of ammunition.
Conclusion: the fact that Shell has not obtained an injunction to prevent Mr Campbell making his allegations speaks volumes.  He is plainly a man of great courage speaking the truth.
Yours sincerely
John Donovan
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Saturday, December 25, 2010

Nazi Style Reprisals and Terrorism

NAZI STYLE REPRISALS AND CORPORATE

 TERRORISM AGAINST FORMER SHELL EMPLOYEE

Dec 22nd, 2010
by John Donovan.
No comments yet

COMING SOON:

THE TRUE STORY OF ASTONISHING NAZI STYLE REPRISALS AND CORPORATE TERRORISM AGAINST A FORMER SHELL EMPLOYEE OF ALMOST 30 YEARS, A DEEPLY RELIGIOUS, CONSCIENCE DRIVEN MAN, WHO BELIEVED IN SHELL'S BUSINESS PRINCIPLES. UNFORTUNATELY, LIKE BILL CAMPBELL, FORMER HSE GROUP AUDITOR OF SHELL INTERNATIONAL, AND MANY OTHERS, HE DISCOVERED THAT THE CLAIMED PRINCIPLES ARE A SHAM PROMOTED BY SHELL'S PROPAGANDA MINISTRY. THIS IS THE MAN WHO BLEW THE WHISTLE INTERNALLY, ON SHELL'S OIL AND GAS RESERVES FRAUD.

Posted in: Gas, Oil, Outspoken Articles, Royal Dutch Shell Nazi Secrets, Royal Dutch Shell Plc, Shell, Shell Employee Safety, Shell Nazi Secrets.
Tagged: · · · ·

Payback time for corporate villains?

Dec 22nd, 2010
by John Donovan.
No comments yet

(Graphics from the Guardian article: Unloveable Shell, the Goddess of Oil)

"Although Shell has extracted more than £30bn from the area,the people who live on the land survive on less than 60 pence a day, with barely any roads, schools or hospitals. Many of the Ogoni people who have spoken out against this scandal have been killed by the Nigerian state."


By Johann Hari

At the moment, foreign victims of UK corporations are left with almost no ability to answer back

Article first published: 08 June 2006
At first glance, it seems almost comically boring, a triple dose of political Mogadon. The Company Law Reform Bill appeared for its second reading in the House of Commons yesterday, and although it's easy to see why the biggest reform of Britain's corporate rules in 150 years is a big deal, it's hard to keep your mind focussed on the 900 pages of mind-numbing detail – until you realise one thing. There is a clear path running from these dry, jargon-packed pages to a human rights campaigner hanging by his neck on a rope in Nigeria and to the trashed rainforests of Indonesia.
The best guide on this long and bloody road is Hannah Ellis, chair of Britain's Corporate Responsibility Coalition (Core). She is campaigning – with the support of more than 200 MPs and all the major human rights organisations – to have the Bill amended to include a very basic principle. "At the moment, a British company director is held responsible for losing profits, or for being corrupt," she says. "So why shouldn't he be held responsible for environmental or human rights abuses his company commits too?" Ellis wants to see every British company legally required to audit the impact they have on human rights and the environment every year – at the moment, many don't even bother to look – and, crucially, for the victims of any abuses to be able to sue them in a British court.
Enter bloodied victims, stage left. At the moment, the foreign victims of British corporations are left with almost no ability to answer back. Ellis suggests a crop of corporations which might face legal action if the law was amended to make them answerable for killings and burnings abroad.
One of the most obvious contenders is Shell for its oily behaviour in the Niger Delta. Ken Saro-Wiwa, a human rights campaigner, described the effect Shell had on his community back in 1992: "Oil exploration has turned Ogoni into a wasteland: lands, stream and creeks are totally and continually polluted; the atmosphere has been poisoned.
"Acid rain, oil spillages and oil blowouts have devastated Ogonia territory."
Not only has their environment been destroyed; the people of the Niger Delta have seen none of the profits. Although Shell has extracted more than £30bn from the area, the people who live on the land survive on less than 60 pence a day, with barely any roads, schools or hospitals. Many of the Ogoni people who have spoken out against this scandal have been killed by the Nigerian state. Shortly before he was seized on ludicrous trumped-up charges, Saro-Wiwa said: "This is it. They are going to arrest us all and execute us all for Shell." Although Shell vociferously denies responsibility, their close business partner swiftly hanged Saro-Wiwa, and a major critic of the corporation was conveniently silenced.
It has not stopped. In a recent report, Amnesty International said that 10 years on, government security forces – protecting the interests of Shell and other oil companies – are still destroying villages that cause trouble. Even Shell Nigeria's own former head of environmental studies, J P Van Dessel, said in 1996: "It is clear to me that Shell was devastating the area." If the Company Law Reform Bill is amended," Ellis says, "the Ogoni people could begin to make Shell answer their charges in a British court.
There are other alleged crimes being committed by British corporations, Ellis says, that will rebound even more terribly on us at home. For example, the world's second-largest rainforests, in Indonesia, are being systematically destroyed by British corporations, in an act of environmental vandalism that will make the effects of global warming on our rainy island even more extreme.
Friends of the Earth recently documented that the Indonesian island of Sumatra has lost 70 per cent of its rainforest cover in the past few decades due to logging – and for what? To clear space to make palm oil, a product that you certainly have in your lipstick, bars of soap, margarine and bread. Britain is the second-biggest consumer in Europe. At the current rate of destruction, the rainforest will be almost gone in 12 years, and the orang-utan, one of our closest cousins, will be extinct.
But can the corporations responsible be held accountable under British law? No. Not our problem, guv. (Not until hurricane season, anyway). Up until very recently, the UK's largest supermarket, Tesco, did not use any of its £2bn-a-year profits to figure out if the palm oil it sells you is sourced from the wrecked rainforests of Indonesia. They will "be ready to participate" when "the issues are clear", they said in their explanation of why they refused to make the issue clear by checking their own supply lines. Only after massive pressure did they admit that some of their palm oil is from uncertain sources and make rote promises to look into it – but the ongoing ambiguity could make them another candidate for prosecution for potential environmental crimes if the current Bill is reformed.
At the moment, the proposed Bill asks company directors to "consider" the environmental and human rights consequences of their actions, but it puts in place no legal measures – none – to make them do so. This is the classic New Labour approach to corporate abuse, which is to stress voluntary adherence to voluntary codes. But how many people would follow Asbos if they were voluntary? Has anybody suggested the new measures on knife crime should be up to the whim of the offender, on the grounds that young thugs can be "trusted" to see the rules are "in their own best interests"?
Corporate CEOs will only ever respond to the bottom line, and it is preposterously naïve, at best, to suggest otherwise. If they do not deliver maximum profits to their shareholders, they will be sacked and replaced with somebody who will. The only way to make them behave better is to make it cost. A lot. Mega-bucks prosecutions from their victims in the corruption-free British courts are one way to make it happen. But the Government – bowing to corporate pressure – still clings to its belief in a unified globalised economy where there is only fractured, localised legal responsibility. This is virtually a charter for corporate abuse.
At his show-trial, Ken Saro-Wiwa warned: "I and my colleagues are not the only ones on trial. Shell is here on trial too … for there is no doubt in my mind that the ecological war that the company has waged in the Delta will be called into question sooner or later, and the crimes of that war will be duly punished."
If we amend that dry, dull Bill sitting in the House of Commons, we may yet wring some hope from Wiwa's dying cry.
j.hari@independent.co.uk
Posted in: Nigeria, Oil, Oil Company Profits, Pollution, Royal Dutch Shell Plc, Shell, The Independent.
Tagged: · · · · ·
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MESSAGE TO SHELL MANAGEMENT

Message to Shell

management from

a blunt American

Dec 22nd, 2010
by John Donovan.
BY A FORMER EMPLOYEE OF SHELL OIL USA
I have been reading and contributing to this blog for some months now, and it is clear that RD Shell has pretty much made an implacable enemy out of the Donovan's. They have done so unnecessarily and through managerial arrogance and complete incompetence.
Unlike RD Shell management John and Alfred conduct themselves with a good degree of 'class' and humor, and respect for the law, and I commend them for this.
I think I know a little about John's attitude towards you folks, and I sympathize with him. That  attitude could probably be most colorfully stated by quoting a famous fictional character of American literature, Captain Ahab, of Herman Melville's 'Mody Dick' (I presume you people do read good literature, on occasion). To wit:
"To the end I will grapple with thee;
From Hell's heart I will stab at thee;
and for Hate's sake I will spit my last breath at thee."
John would never cast his approach to you folks in such a harsh and colorfully blunt form. He is British, after all, and has manners that we Americans sometimes fail to appreciate.
I am American, and therefore far more blunt in my approach to such matters. Hense, the above quotation (which does a pretty good job of describing my attitude). However, the point should not be lost on you people.
You folks in RD Shell management need to be a lot more careful about whose shoe's you piss on. Dealing with people unfairly has a nasty way of coming back to haunt you, BIG TIME. As Bill Clinton once said: 'Doesn't take a tree full of owls to figure that one out.'
Posted in: Alfred Donovan, John Donovan, Outspoken Articles, Royal Dutch Shell Plc.
Tagged: · ·
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Tuesday, December 21, 2010

EDD CALL 18NOV13








The TRUTH will set you FREE.
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Saturday, December 18, 2010

Donna Getz allegations against Shell

Donna Getz

allegations

against Shell

Nov 27th, 2010
by John Donovan.

The following information

 

is generated from emails

 

received from Donna Getz,

 

who makes self

 

explanatory

 

allegations against Shell

 

and other parties.


BY DONNA GETZ
Read your articles about Royal Dutch Shell.  It makes me sick what they can get away with.
I am going to tell you what happened to myself and my family.
We were caretaking a ranch near Tumbler Ridge, BC about six years ago. We were looking after their horses and ours. We never received payment for this.
Unknown to us, Shell Oil was drilling a well 3 km across country from us.
When they started to flare the well, something went wrong.  We got hurt from this. The spruce trees had golden patches on them, the leaves on the cottonwood turned upside down, the game left or died. Four of our horses died over time from this and we have one that is still wheezing from it. I have 30% lungs left, my husband and daughter 50% left.  Our truck we had at the time, rusted out on one side.
The Oil and Gas Commission came out and took pictures, etc. They told me to forget about my face, my family and animals because Shell was putting money into the community, they were staying in the hotels, eating at restaurants and spending time in the pubs. I have letters from two politicians, Blair Lekstrom and Richard Neufeld (now a senator) saying the same thing.
Shell flew me to Edmonton to specialists. They told me I was okay. While I was there, the Shell rep took the specialists aside and talked to them. Later on they received money from Shell. Did I get a good report or a bought report?
We later went to specialists on our own and found out that we lost lung function. We also found out that when the specialist was flushing our lungs out that the saline solution turned to a white foam. He told us we could not live by the ocean or be near it for long as this foam would form in our lungs.  We cannot live in the gas fields.
We obtained a lawyer, Brian Sutton from Naniamo, BC.  He led us on for over five years then told us we did not have enough money to fight Shell.  He wanted to get off the case. We tried to get a second opinion and no lawyer in BC will look at the case or talk to us. In the mean time, Shell put it into court and the judge said we had to pay Shell costs.  Their lawyer just sent us a bill.  We have no money, no lawyer and no law.  I talked to Shell's lawyer after we received the bill.
I took Brian Sutton to the Law Society of BC and they found lots of wrong doings.  They are disciplining him but that still doesn't help us.  We do not know where to go from here.
We were shocked by what we read on your website. We will never buy Shell products and haven't for a long time.
Go ahead and publish, it cannot do any more harm to us. It may even help us and other people. We are going to start letting it be known all over the world. It is sad when a company like Shell can make it so a person who is hurt by them has no recourse. Besides what they did with the flaring, they wanted to go back in the same hole to fix what went wrong but couldn't do it while we were there so they had us run out of Tumber Ridge. We had no money and no place to go.  My husband's disabled sister in Norway gave us some money to move away.
The people who had the ranch threw us out.  They figured that Shell, Western Canada Coal and Encana were going to pay them money for the ranch. They ended up with nothing, they cannot even stay overnight on the ranch.
Shell Oil has a rep on the Oil and Gas Commission Board. Good regulatory body for the gas companies, isn't it. It's like asking the fox to take care of the chickens!!
Thank you for your time.
Posted in: Canada, Environment, Gas, Human Rights, Litigation, Oil, Outspoken Articles, Pollution, Royal Dutch Shell Plc, Shell.
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SHELL CIRCUMVENTED RA 7641

SYNDICATED ESTAFA


MY QUEST FOR SWINDLED 

RETIREMENT PAY BY SHELL



SWINDLING ITO, SYNDICATED ESTAFA


HOT PURSUIT
DUTY OF LAW ENFORCEMENT ENTITIES


SHELL SWINDLING OF RETIREMENT PAY 5TH YEAR

1001counts
SEE BELOW FOR THE 1001ST   TIME THE REITERATION OF DEMAND PAYMENT OF RETIREMENT PAY WHICH SHELL REFUSED TO HONOR IN THE PRESENCE AND DEEMED APPROVAL OF THE HONORABLE MAGISTRATES OF THE SUPREME COURT OF THE PHILIPPINES

GEUS_15MAR16_66th FOLLOW UP_REITERATION

OF DEMAND  PAYMENT OF RETIREMENT PAY
Dishonest scales are an abomination to the Lord, but a just weight is His delight... Proverbs Chapter 11  v. 1
Retirement Pay Law circumvented by Shell subject to penal provision provided for by Article 288 of the Labor Code of the Philippines.





CONTENTS

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