DOLE CL starts info drive to halt “ENDO”

Written by
  • Mhike R. C.
  • 6 years ago

CLARK FREEPORT ZONE – The Department of Labor and Employment (DOLE) has started its information campaign among firms of various industries in Bataan and other provinces of Central Luzon in its bid to stop contractualization or “ENDO.”

This comes after Labor Secretary Silvestre Bello III’s directive for all DOLE Regional Offices to discuss matters on contractualization, “ENDO,” and labor-only contracting with employers.

DOLE Regional Director Atty. Ana Dione held a press conference last week at the Royce Hotel and Casino to cascade this latest DOLE mandate with local media partners.

Dione cited the media’s vital role, support, and contribution in ensuring that the DOLE’s message gets across to the public, especially with employers and employees.

“We are grateful to our media partners for gracing our press conference. We would like to take this opportunity to fully explain what contractualization, ENDO, and even labor-only contracting are so that we won’t have different interpretations and we are hopeful we could effectively “laymanize” this for our public,” Dione said.

Dione presented to media partners in a lecture an overview in Understanding Contractualization, “ENDO,” and Labor-Only Contracting.

Her presentation highlighted topics which include the Right to Labor Standards, Right to Security of Tenure and Due-Process, and Right to Self-Organization and Collective Bargaining.

Dione discussed the different types of employees, either directly-hired, hired through a placement employment agency, and those hired by legitimate contractor-employers.

Contracting and subcontracting were discussed by Dione underscoring the “trilateral relationship” existing in a contracting and subcontracting work arrangement scheme between the principal, contractor, and contractor-employee.

Dione noted that “contracting or subcontracting” in itself, is not illegal since the provisions of the Labor Code of the Philippines allows such practice.

“Contracting is legal if the contractor or subcontractor is registered under Department Order No. 18-A, or the rules and regulations governing contracting and subcontracting, carries a distinct and independent business, and has substantial capital or investment,” Dione explained, adding:

“Contractors and subcontractors should also be able to perform the work, job, or service on their own responsibility, according to their matter and method, and free from control and direction of the principal in all matters connected with the performance of the work except as to the results thereof and has signed a Service Agreement to ensure compliance with all the rights and benefits under the Labor Laws.”

Aside from the rules on contracting and subcontracting, Dione also took the opportunity to explain what “labor-only” contracting is to media.

“When we say labor-only contracting, this is an arrangement where the contractor or subcontractor merely recruits, supplies, or places workers to perform job, work, or service for a principal; they do not have substantial capital or investment; and they do not exercise the right of control over the performance of the work of the employee,” Dione explained.

The “ENDO” or end of contract was also tackled by Dione referring to it as a system where employers hire and fire probationary employees to avoid making them regular employees.

Dione added that this practice deprives employees from benefits that come with being regular employees such as paid leaves, bonuses, overtime, and member contributions to social and health benefits.

Aside from her presentation, Dione also officially launched the DOLE Regional Office No. 3’s two 24/7 regional hotline numbers which are 0925-8150214 (mobile) and (045) 455-1619 (landline).

“We have been instructed by our Labor Secretary, through the issuance of Administrative Order No. 409, series of 2016, for the regional offices to set-up their respective 24/7 DOLE Hotline Call Services to ensure the timely delivery of government services to its various clients and program partners,” Dione said.

Dione took the opportunity to clarify certain queries or issues raised by local media concerning contractualization, ENDO, and LOC, as well as issues concerning the hotline numbers.

The DOLE will be holding its series of information campaign in halting contractualization and ENDO with other industries in other parts of the region.

On Friday, the DOLE will convene the Central Luzon Regional Tripartite Council to discuss another contractualization-related topic, the D.O. 18-A, with regional stakeholders at the Fontana Leisure Parks and Casino.

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