Duterte urged to sign
Endo EO & free millions of Filipinos from bondage of
April 5, 2018
QUEZON CITY – Labor
group Associated Labor Unions-Trade Union Congress of the
Philippines-Nagkaisa (ALU-TUCP-Nagkaisa) is urging President Rodrigo
Duterte to fulfill his promise to end the precarious short-term Endo
work scheme in the country by signing the Executive Order drafted by
labor groups and free millions of Filipino workers kept in poverty
by contractualization arrangement.
“We are calling on
President Duterte to read the latest Executive Order on
contractualization that he asked us to draft which was submitted
February 7 to his office during our dialogue with him in Malacanang,”
said Michael Mendoza, ALU-TUCP-Nagkaisa National President.
“This EO drafted by labor
is consistent with Article 106 of the Labor Code which says that the
DOLE Secretary may prohibit or regulate the contracting out of jobs.
Further, the DOLE Secretary is just the alter ego of the President
so the EO is feasible contrary to the views of some cabinet
officials,” said Mendoza.
“The President is a
lawyer. By going through the draft, the President will find that
labor groups are no longer pushing for an absolute, total ban on
contractualization and that there is no need to transfer the end
contractualization matter to Congress to amend the law. There’s no
need to amend any laws,” explained Mendoza.
This latest version of the
EO is different from the first and previous drafted EO from labor
which practically abolishes the practice of all forms of short-term
employment including contractualization, Endo (end-of-contract), and
“555” (referring to five months contract duration).
In recognition of
President Duterte’s concern that an absolute ban on
contractualization may discourage new investors in the country,
labor organizations revised the first EO draft by giving
business-owners flexibility to hire the services of contractual or
seasonal jobs on top of the regular and directly-hired workforce.
Section 2 of the EO
drafted by labor group says that: “The Secretary of Labor and
Employment may, however, in consultation with the National
Tripartite Industrial Peace Council under Article 290 of the Labor
Code, as amended, by appropriate regulations, determine activities
which may be contracted out.”
On the other hand, Article
106 of the Labor Code says: “The Secretary of Labor and Employment
may, by appropriate regulations, restrict or prohibit the
contracting-out of labor to protect the rights of workers
established under this Code. In so prohibiting or restricting, he
may make appropriate distinctions between labor-only contracting and
job contracting as well as differentiations within these types of
contracting and determine who among the parties involved shall be
considered the employer for purposes of this Code, to prevent any
violation or circumvention of any provision of this Code.”
“We hope the President
would fulfill and not renege on his commitment to free millions of
workers from the bondage of abusive labor slavery under
contractualization. We hope he would keep his promise to end
contractualization,” said Mendoza.
Around 30 million
Filipinos of the 41 million labor force are working under
contractualization scheme without security of tenure and other
benefits received by regular workers. They are paid poverty wages,
and accorded with poor social protection insurance benefits despite
having rendered labor throughout their productive years.