CEBU, Philippines — President Rodrigo Duterte has signed an executive order that aims to regulate contractualization in the country.
"Mao na ni akong makaya. Sinagad ko na. Pirmahan na ni nako sa inyong atubangan," Duterte told thousands of workers who joined the 116th Labor Day celebration in Cebu City on May 1.
Labor Secretary Silvestre Bello III clarified that the EO does not end “endo,” a Filipino-coined term for “end of contract.”
"Endo is covered by law. It is unlawful," Bello said.
Section 2 of the EO read, “Prohibition against illegal contracting or subcontracting when undertaken to circumvent the workers right to security of tenure, self-organization, collective bargaining and peaceful concerted activities pursuant to the 1987 Constitution is hereby strictly prohibited.”
Duterte said it will have to take Congress to emend the Labor Code to end contractualization.
"I believe in order to implement an effective and lasting solution to the problems brought about by contractualization, Congress needs to enact a law amending the Labor Code. Dugay na ni; its outdated. I think Congress should come up with a new Labor Code to keep up and attuned to the realities of our times," the president said.
“I cannot be a legislator. It is not allowed but I can only implement on what is the law. There are laws already. My EO signed would help a lot in alleviating the problem,” he added.
Duterte directed Bello to submit to his office all companies suspected to engage in labor only contracting, abusive, and non-compliant to the law.
He warned companies anew:
"Your days are numbered. I have warned you before and I am warning you again: Stop endo and illegal contractualization. I will see to it that our laws are strictly enforced. The government will not rest until we end this kind of labor practice."
Bello said the EO can help determine what can be outsourced and the same will be identified with the help of the National Tripartite Industry Peace Council.
He said about 85 percent of companies nationwide are no longer practicing ENDO.
“Sa tingin ko, about 85 percent are no longer practicing ENDO. Alam na nila kasi na it’s illegal. May liabilities sila diyan,” he told reporters.
In 2016, the Department of Labor and Employment (DOLE) issued an order prohibiting the termination of the service of a worker before the expiration of his service agreement with his employer.
“Ang naiiwan nalang na issue is yung contractualization dahil ang Labor, immediately we want a total ban of contractualization, which is not pwede kasi merong mga works na should be outsourced,” he explained.
For example, he said, malls hire additional employees to augment its workforce during the holiday season.
Dismayed
Duterte’s EO does not impress some groups, ALU-TUCP, SENTRO, and the Partido Manggagawa - Cebu
"The EO does not end endo. The President does not fulfill his promise to end endo. He committed a big mistake by signing the EO drafted by businessmen and employers and not the one drafted by labor groups," said ALU-TUCP spokesperson Alan Tanjusay.
"We are dismayed and frustrated because we have been working with the president for the past three years already to have some sort of an EO that would address the practice of contractualization and endo-work arrangements," he added.
SENTRO Secretary General Josua Mata shared Tanjusay’s sentiments.
“Pressed by the snowballing anger of workers after he said he won’t issue an EO, Mr. Duterte signed what was essentially the DTI’s draft version, not the workers’ version," he said in a statement.
He said the EO merely reiterates the current regulatory policy that has failed to prevent contractualization. He said the EO also shows that Duterte actually is on the side of the employers.
Meanwhile, Dennis Derige of PM said the EO shows that Duterte actually is on the side of employers, not the workers.
"Wala man nagsulti sa EO ni Duterte nga iyaha nang hunungon ang endo. Kanang iyang EO kay ilad lang na," he said.
Jobs
Aside from Duterte’s visit, another highlight of yesterday’s Labor Day celebration in Cebu was the 17,966 jobs offered by DOLE and the Cebu provincial and city governments at the International Eucharistic Congress Pavilion.
Among the local positions were customer service representatives, cashiers, sales clerk, drivers, kitchen staff, waiters, engineers, service crew, carpenter, masons, and technical support representatives.
Positions for employment abroad included nurses, engineers, bell boys, cook, service crew, receptionists, waiters/waitress, room attendants, graphic designers, and restaurant workers.
“The conduct of job fairs aim to fast-track the meeting of jobseekers and employers/overseas recruitment agencies in one venue at a specific date to reduce cost, time and effort particularly on the part of the applicants. Job fairs are open to all unemployed, skilled and unskilled workers, fresh college graduates, graduates of training institutions, displaced workers and employees seeking advancement,” reads a statement from DOLE – 7.
Thrixie Baylon, a graduate of Bachelor of Science in Computer Engineering, said the government should enhance high school students’ skills given that jobs nowadays require skills training and mastery.
“Dili man sa kinahanglan nila (companies) nga mangita og taas nga qualifications kay naa mai mga taw nga ubos og qualifications pero and skills nila mao’y kuan (enhanced),” she Baylon.
“Maayo pud unta’g wala’y gender discrimination ba kay naa man gyu’y uban nga trabaho nga makaya ra gyud sa babae,” she added.
She said further that companies should also consider applicants from less prestigious or popular schools. — JMO (FREEMAN)