After a nine-month dialogue, DOLE Secretary Silvestre Bello III has signed on Thursday the Department Order # 174 Series of 2017 or the DOLE order on contracting and subcontracting.
This, after a series of dialogues with labor groups and employers across the country on the creation of a new policy on contractualization or endo.
But the labor groups argue that the new order will only regulate and not prohibit contractualization. Thus, it will not provide solution on labor issues caused by the endo scheme.
“We’ll try to seek audience again with the President and tell him this is not your campaign promise, this is not your instruction. Why the goal of the leadership of the present administration of department of labor contradicting or contravening the instructions made by the President,” PALEA President Gerry Rivera said.
The labor secretary, on the other hand, clarifies that he has no power to totally prohibit all forms of contractualization and fixed term employment since only congress has the authority to do so by amending existing laws.
‘Under the law I can regulate contractual and subcontractual arrangements but I can also prohibit labor only contracting but the legitimate contracting and subcontracting I cannot prohibit that is for Congress to prohibit… even though the president wants it to end, the problem is there are existing laws which allows certain forms of contractual arrangements,” said DOLE Secretary Bello III.
Bello says the regulations stated in the order is in accordance to the President’s directives when it comes to the employment of Filipino workers.
“When the President said he doesn’t like endo or contractualization what he was referring to is the illegal and unlawful contractual arrangement. So, it is still in line with the President’s marching order,” Secretary Bello III added.
Among the prohibitions under the new DOLE order are: labor- only contracting; contracting out of job or work through an in- house agency; repeated hiring by the contractor/ subcontractor of employees under an employment contract of short duration or the hiring of worker for only a short period of time.
DOLE will immediately implement the said order and vows to intensify inspections of companies and business establishments across to the country to ensure that the rights and benefits of workers are not being violated.
“The number is close to 630,000 plus the workers not included here. 1.3 million non-regular workers under the bilateral arrangement… this may reach close to two million workers in the event of the full implementation of this new department order,” labor undersecretary Maglunsod said. — Aiko Miguel | UNTV News & Rescue
Duterte signs EO on ‘endo’
President Rodrigo Roa Duterte (RENE LUMAWAG/PRESIDENTIAL PHOTO)
CEBU, Philippines – In front of the crowd amid Labor Day rites in Cebu on Tuesday, May 1, President Rodrigo Duterte signed the executive order ending the practice of illegal contractualization, more popularly known as “endo.”
The president admitted that his EO is not enough to ensure security of tenure. He urged Congress to revisit and revise the existing Labor Code.
He has also ordered the Department of Labor and Employment to submit a list of companies that engage in illegal labor contracting.
“Endo” which is short for ‘end of contract’ refers to the illegal practice of terminating a worker’s contract before reaching six months of employment to dodge regularization and the benefits that come with it. — UNTV News & Rescue
“ENDO” Bill to face intense debate in Senate – SP Pimentel
FILE PHOTO: Senator Aquilino “Koko” Pimentel III (UNTV News)
Senate President Aquilino “Koko” Pimentel believes that the passage of an anti-ENDO law will go through heated debate at the Senate plenary.
“It must be really that controversial na mahirap ipasa (that it’s difficult to pass), but we will still try kasi priority yan (because it’s a priority),” he said.
Pimentel added that some investors have expressed concern over the provisions of the new legislation and might opt to leave the country should the new labor policy gets tough.
“May the best argument win na. Depende na iyon kung ma-convince ang majority ng legislators, we will not have a law. Kapag hindi nila ma-convince then we will have a law, then umalis na lang sila, kung gusto nilang umalis,” says Pimentel.
(May the best argument win. It depends, if majority of legislators will be convinced, we will not have a law. If they will not be convinced, then we will have a law. If that happens, they can leave if they want to leave.)
The Senate President said they will consult Labor Secretary Silvestre Bello III on the issue to know what the labor sector really needs captured by law.
The Anti-ENDO Bill was submitted to the Senate in January pending deliberation in the plenary.
Currently, there are two versions of the law in the Senate.
Senator Joel Villanueva, in his version, emphasizes stricter labor policy. He seeks to simplify classification between a regular and under probation employee as well as equal treatment among project-based or seasonal employees with the regular ones. His version of the bill also bans the so-called “labor only” or “manpower contracting” practices.
The bill also imposes heavier penalties for employers who will violate its provisions. — Nel Maribojoc | UNTV News & Rescue
Bello: bill on ‘endo’ will have heavier penalties
FILE PHOTO: Labor Secretary Silvestre Bello III
MANILA, Philippines — Labor Secretary Silvestre Bello III assuaged concerns of labor groups following the non-signing of an executive order on contractualization by President Rodrigo Duterte.
Bello said workers will be much protected in the proposed bill.
“Medyo mabigat lang iyong (It has more weight on the) issue of the penalty which could not be provided for in the proposed executive order because only Congress can impose penalty,” he said.
On Thursday, Malacañang announced that instead of signing an EO, President Duterte will certify as a priority bill Senate Bill No. 1116 or the “End of Endo Act.”
However, the decision dismayed labor groups.
Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) President Alan Tanjusay still insisted that the Chief Executive sign the EO “to serve as a policy guidance to the faith and direction of the security of Tenure Bill now pending in Congress.”
Following the decision, labor groups are brewing a massive protest on Saturday, April 21.
Nevertheless, the Labor Secretary assured that the President has prepared something for the workers on Labor Day. — Aiko Miguel |UNTV News & Rescue