Ordinance to protect service crew members pushed in Cebu City

A service crew cleans the table used by their customers. | FILE PHOTO

CEBU CITY, Philippines — A local legislator wants to uphold the protection of service crew members in Cebu City.

The proposed ordinance was called the  “Service Crew Protection Ordinance of Cebu City” which was included in the council’s agenda during their regular session on Wednesday. Councilor Jose Lorenzo Abellanosa

Abellanosa said that “while the adage, ‘the customer is always right,’ may be the standard for some private establishments and businesses, the customer being ‘right’ has its limitations and is not a license for the customer or client to make unreasonable demands or requests, harass, assault, humiliate, embarrass, or discriminate against employees of these establishments.

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Moreover, he also noted that the food and beverages, retail, and hospitality industries are top contributors to the economy of Cebu City and they also serve as the backbone of the city’s tourism.

“These industries’ success is largely attributable to their service crew members who provide the best service possible to ensure customer satisfaction, thus it is only proper to provide them with legal protection against customers or clients who abuse their rights leading to a disruption in the establishment and results to a hostile work environment,” Abellanosa said.

The service crew members in this proposed ordinance are those working in the “covered establishments.”

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These covered establishments refer to the private establishments and businesses in the food and beverages, retail, and hospitality industries that employ service crew members that are not limited to bars, cafes, coffee shops, hotels, motels, inns, restaurants, food and beverages stalls, massage clinics, spas, salons, retail and grocery stores.

Punishable acts

These are the following acts of the customers against the service crew that are considered punishable under the proposed ordinance:

1. Using expletives or shouting at a service crew member to cause public humiliation unless there was sufficient provocation from the service crew member;
2. Making unreasonable or excessive requests or demands from a service crew member making the latter’s work environment hostile;
3. Making unjustified complaints or otherwise harassing, intimidating, or detaining a service crew member causing embarrassment or psychological harm to the latter;
4. Throwing a tantrum or causing a disturbance in the establishment or physically assaulting a service crew member leading to a disruption in the services of the establishment unless there was sufficient provocation from the service crew member;
5. Discriminating against the service crew member on the basis of race, ethnic group, skin color, sex, gender, language, religion, or social standing;
6. Taking a photo or recording a video and/or audio of the service crew member without the latter’s consent in order to humiliate or intimidate the service crew member; Provided, that, if the taking or recording is not based on legitimate concerns about the covered establishments’ customer service or standard operating procedure, the taking or recording shall be considered a prima facie evidence that it is done to humiliate or intimidate the service crew member; and
7. Uploading of photos, videos, or audio recordings of the service crew member to humiliate the latter; Provided, that, if the contents of the photo, video, or audio do not involve legitimate concerns about the covered establishments’ customer service or standard operating procedure, the uploading shall be considered a prima facie evidence that it is done to humiliate the service crew member; Provided, further, that, the uploading for purposes of legitimate criticism of the covered establishment’s customer service shall not be considered a punishable act under this ordinance.

These are also the acts of the owners, managers, or president of the establishments that are considered punishable under the ordinance:

1. Dismissal of the service crew member who was the victim of any prohibited acts…Provided, that, the dismissal of the service crew member within one (1) week from the commission of the prohibited acts of the customer/client shall be prima facie evidence that the dismissal of the service crew member was done to mollify or appease the customer/client who perpetrated the prohibited act/s;
2. Refusal of the covered establishment’s management to take steps to assist and defend the rights and dignity of the service crew member who is the victim of any of the prohibited acts…Provided, that, failure or refusal to call or request for the assistance of a law enforcement officer or security personnel of the covered establishment when the same is necessary to deal with a verbally or physically violent customer/client shall be prima facie evidence of the covered establishment’s refusal to take steps to assist and defend the rights and dignity of the service crew member.

Fines

First-time offenders must pay a fine of P1,000 or imprisonment for a period of not more than a month or both at the discretion of the court.

Meanwhile, those who violated for the second-time will pay a fine of P3,000 or imprisonment of not more than six months or both at the discretion of the court.

And those who violate for the third time will pay a fine of P5,000 or imprisonment of not more than a year, or both at the discretion of the court.

The proposed ordinance was referred to the Committee on Laws, Ordinances, and Styling, and the Committee on Labor, Employment, Cooperative, and Livelihood for review.