Category Archives: End Contractualization

Rules Allowing Agency Hiring Rejected Anew by Workers Groups

The anticipated new Department Order (D.O.) on endo is finally out for issuance today. But rejection can only be the immediate response of organized labor for the kind of rules that speak about prohibiting contractualization but ends up allowing agency hiring in many forms.

The Labor Secretary has ignored the overwhelming demand of trade unions and workers’ associations to prohibit contractualization since the previous administrations and which the groups continue to articulate in all official consultative processes called for by the DOLE and national tripartite conferences from the beginning of the Duterte Administration.

The President then was very clear: “Ayoko sa agency agency, wala na dapat itong agency agency,” declared the President during the labor dialogue last February 27. The labor movement, likewise, was very insistent: The current policy is a failure, thus, the government must now shift to prohibition.

Workers were demanding prohibition on contractualization based on the following grounds:

The current policy of “allow then regulate” has failed the workers and this nation. A country of endos is a nation of poor, violated, and voiceless people.

It is immoral as it allows employers to save on labor cost and avoid having direct responsibility to their workers while their middlemen (agencies and cooperatives) earn profit from the same exploitative trading transaction.

It is anti-labor because it violates all the fundamental rights of labor.

It is anti-development as it exacerbates poverty and deepens inequality in our country.

By ensuring continuity and stability of agency hiring, the new D.O. will never put an end but rather perpetuate the epidemic of contractualization.

1. It prohibits labor-only-contracting (LOC) and the cabo system which is already prohibited by law anyway;

2. While it prohibits the contractualization of jobs directly related to main business and subject to control of principal, interpretation disputes shall mean expensive an wearisome litigations in DOLE, NLRC and the courts;

3. Only in-house agencies and labor cooperatives are not allowed to operate. Independent contractors are permitted;

4. The DO opens floodgates to agencies to set up shops. This will enhance cutthroat competition among contractors bidding down salaries and benefits of their employees;

5. The more contractuals the country will have, the harder to monitor and regulate. DOLE’s inspection capacity is a chronic problem that also has to be addressed.

It is still a sad day for workers. But the struggle continues. It’s time for a full court press and nationwide actions. We thus demand that Pres. Duterte issue an Executive Order in place of this bad order and certify as an urgent measure HB4444 that seeks the prohibition of contractualization and the criminalization of such offense

PRESS STATEMENT
NAGKAISA
17 March 2017
Contact: Ka Rene Magtubo, Spokesperson
09178532905

DOLE must enforce ‘prohibit order’ on contractualization

President Rodrigo Duterte’s marching orders are clear: Stop contractualization! No agency hiring!

Labor Secretary Silvestre Bello III received these marching orders from the President during the labor dialogue last Monday.  He was instructed to work on a new draft Department Order and to address the related plea of PALEA on outsourcing.

“As the alter ego of the President, Sec. Bello is hard pressed to comply with the order and to abide with the demand of workers without further delay,” said Nagkaisa chairman, Michael Mendoza.

Through a symbolic pressing of time button, the group declared a 30-day countdown for DOLE to come up with new rules prohibiting contractualization.

Junk win-win

The group noted that the latest draft of the issuance, distributed in January, still reflects the DTI and employers formula of legitimizing manpower agencies and regulating their practices.

“In the light of the President’s latest instructions, Sec. Bello should junk its draft and adopt Nagkaisa’s proposed DO, which seeks prohibition of contractualization, as the new working draft,” added Mendoza

On orders of the President, Sec. Bello is to convene the Tripartite Industrial Peace Council (TIPC) to discuss the new draft order. The TIPC, composed of workers and employers representatives serves as the clearinghouse of all labor polices, with the power to endorse proposed issuances to the DOLE Secretary.

“Should there be another deadlock at this level, we will expect the Secretary to decide along the line of prohibition agreed upon at the Palace,” stressed Mendoza.

The coalition is likewise hopeful that HB4444 authored by Rep, Raymond Mendoza of the TUCP Partylist, which seeks total prohibition and criminalization of contractualization offenses, will gain ground in Congress once certified by the President.

Once contractualization is finally prohibited, the rights of workers to security of tenure, to unionize and bargain collectively will be restored.

However, Mendoza called on workers to continue working together and be vigilant as the enemies of the working class will surely find ways to prevent workers from achieving total victory against contractualization and other forms of exploitation.

Women march against endo

Women make up more than half of contractual workers. Hence, led the Women’s Committee of Nagkaisa, women workers will continue to exert pressure on the DOLE to stop contractualization.

On March 6, two days before International Women’s Day, women workers will march from Plaza Salamanca to the DOLE offices in Intramuros. Among their calls are, “Sa multiple burden ko, dagdag pa ang endo”, “Sa regular jobs, may forever,” and “Endo itigil na, now na!”

Rights for public sector workers

While calling for a stop to contractualization in civil service, public sector unions has also secured a commitment from the President to ratify ILO Convention 151.

According to Annie Geron of the Public Services Independent Labor Confederation (PSLINK) which is affiliated with Public Services International (PSI), Convention 151 is an international labor standard that recognizes the rights of public sector workers to freedom of association and collective bargaining.