On 16 March 2017, Secretary Bello issued Department Order No. 174-17, the long-awaited order governing contractualization. Said order was touted as the fulfillment of President Duterte’s campaign promise to end “ENDO”. Article 106 of the Labor Code grants the Secretary of Labor and Employment the discretion whether to restrict or prohibit contracting out of labor. It is unfortunate though that given this singular chance to stop contractualization, Secretary Bello instead chose to promote and further institutionalize this nefarious practice to the detriment of workers who only long for security of tenure in their workplaces.
Apart from cosmetic changes in increasing the registration fee to Php 100,000.00 and the capitalization of contractors from 3 million to 5 million pesos and reducing the validity of an agency’s certificate of registration from 3 to 2 years, the substance of Department Order 174-17 is almost a verbatim reproduction of Department Order No. 18-A. The definition of labor-only contracting, for instance, was the same definition lifted from the previous Department Order No. 18-A. Thus, for as long as an agency meets the capitalization requirement, the contractor/subcontractor is allowed to supply workers performing work/service that is directly related to main business of the principal employer. Section 6 of D.O. 174-17 likewise contains a similar enumeration found in Section 7 of D.O. No. 18-A which lists the prohibited forms of subcontracting. One notable addition in D.O. No. 174-17 is Section 6 (f) where “requiring contactor/subcontractor’s employees to perform functions currently being performed by regular employees of the principal” is treated as an illicit form of subcontracting. While ostensibly added to protect/promote regularization, Section 6(f) will only encourage and abet the wholesale abolition of department/section staffed by regular employees for what will prevent the employer from outsourcing the entire department/section of a particular company in order to ensure that functions performed by the subcontracted employees are no longer the same functions currently performed by regular employees.
If the goal of Department Order No. 174-17 is to bring an end to contractualization, it is doomed to fail. Said department order is simply the latest in a series of department orders (Department Order No. 10-97, Department Order No. 3-01, Department Order No. 18-02 and Department Order No. 18-A-11) that have failed to address the problem of contractualization. This only serves to underscore the point that what is truly needed is remedial legislation. Subcontracting can not be solved by department orders when the law itself is the problem. If President Duterte is truly sincere in his desire to end ‘ENDO’, passage of House Bill 55 authored by Hon. Kaka Bag-ao and Senate Bill 217 authored by Hon. Risa Hontiveros is imperative. We call upon the President to certify as urgent these bills currently pending in Congress. Pass the Security of Tenure (SOT) Law NOW!
SALIGAN supports the proposed Naga City’s
ORDINANCE PROMOTING POSITIVE DISCIPLINE OF CHILDREN
The right of the child against cruel and inhumane punishment is not subordinate to the right of parents to discipline their children.
SALIGAN, in its mission towards the protection and empowerment of the vulnerable members of the society, supports and calls for the passage of the proposed ordinance Promoting Positive and Non-Violent Forms of Discipline of Children and Prohibiting Corporal Punishment and All Forms of Degrading and Humiliating Punishment on Children.
The proposed ordinance fulfills the Philippines’ international obligations and adheres to the Philippine Constitution.
The UN Declaration of the Rights of the Child provides that the best interest of the child shall be the paramount consideration in the enactment of laws that would enable the child to enjoy special protection, including protection from all forms of neglect, cruelty and exploitation.
RECLAIMING THE TRANSPORT WORKERS' RIGHTS AND PROTECTING THE GAINS OF TRANSPORT UNIONISM
A Position Paper on D.O. No. 118-12, Rules and Regulations Governing the Employment and Working Conditions of Drivers and Conductors in the Public Utility Bus Transport Industry
Department Order No. 118-12 addresses the many problems faced by workers in the public utility bus transport industry. In a time when bus companies sacrifice the rights and welfare of bus drivers and conductors in order to increase corporate profits, the DOLE has asserted its authority to protect the rights of workers and secure for them benefits that they have long struggled for. In the experience of the Yellow Bus Lines Employees Union (YBLEU), the exclusive bargaining representative of the regular rank-and-file employees, including bus drivers and conductors, of Yellow Bus Lines, Inc, based in Koronadal, South Cotabato, these gains come in the form of their own collective bargaining agreements (CBA) negotiated with the management. With the issuance of the said Order, transport workers need not undergo the same amount of struggle faced by YBLEU leaders and members, but would benefit for what we have fought for.
A STATEMENT ON THE VIOLENT DEMOLITION IN LAPERAL COMPOUND, MAKATI CITY
As an advocate of inclusive, transformative and sustainable urbanization, the Partnership of Philippine Support Service Agencies (PHILSSA) denounces the violent dispersal of residents and demolition of residences at the Laperal compound in Makati City last week. There is absolutely no justification to hurt persons who had lost their houses to fire and have yet to find a new place to call home.
We particularly object to Makati Mayor Jun Jun Binay’s unreasonable refusal to talk to affected people in the community to resolve the crisis, including agreeing to a peaceful and orderly transfer of people from Laperal compound. In the same breath, we laud DILG Secretary Robredo’s openness to dialogue with the community leaders, to listen to their needs and agree on the way ahead.
Government, in dealing with its constituents, must show a preference for Talk instead of Tear Gas, Dialogue – instead of Imposition. Not only does the law (RA 7279) say as much, but common sense and decency demand it as well.
Partnership of Philippine Support Service Agencies (PHILSSA) 3/F Hoffner Building, Social Development Center, Ateneo de Manila University, Loyola Heights, Quezon City 29 April 2011