CEBU, Philippines — President Rodrigo Duterte’s executive order (EO) regulating contractualization does not reflect the demands of the labor sector to reinstate direct hiring and regularization as the norm in employment relations, said workers group Partido Manggagawa (PM).
“The EO narrative is over. Sadly, we are in for another waiting game as the anti-endo ball was passed by the President to Congress for ultimate resolution. The workers’ struggle for security of tenure, therefore, is far from over. Tuloy ang laban!," PM said.
PM said that after more than two years of protest actions, negotiations, and the labor groups’ dutiful drafting of five drafts of an EO, it was big businesses and their “captured officials” in the Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) that reportedly own Duterte’s heart in the end.
"The die is cast here and in this episode of class battle it is the side of capital that gained momentum with their effective capture of the Executive, including the President," PM said.
Labor Secretary Silvestre Bello III has said that the EO does not end “endo,” a Filipino-coined term for “end of contract.”
Section 2 of the EO reads: “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 signed the EO before thousands of workers who joined the 116th Labor Day celebration in Cebu City on May 1.
He told the crowd at the International Eucharistic Congress Pavilion:
"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 Dugay na ni; its outdated.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."
Duterte said he cannot be a legislator to correct the Labor Code’s constraints.
But PM said this "sounded so legalese and diplomatic for a President known for unorthodox political brinkmanship.”
At the Cebu Capitol, Governor Hilario Davide III agrees that the Labor Code needs to be amended if government wants to end illegal contracting and sub-contracting.
“Ang contractualization is in the Labor law already so maybe the labor law needs amending,” he said yesterday.
He said, however, that it would be hard to eradicate it completely because there are industries that need project-based contracts.
Both Cebu City Mayor Tomas Osmeña and Councilor Sisinio Andales are grateful Duterte signed the EO.
“Companies must heed the EO otherwise president Digong may take drastic measure to close their companies due to blatant refusal to follow the ENDO,” Andales said, urging labor groups to report companies that do otherwise.
Senator Joel Villanueva said the Senate will push through with enacting a law that will end labor abuses and promote workers' right to security of tenure.
"Let me emphasize that addressing the abuses and ensuring compliance by businesses with labor standards and occupational safety and health standards through clear and fair legislation is not anti-business," Villanueva said. — CNU Intern /JMO (FREEMAN)