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1) The government shall put a premium in the form of taxes in

companies/agencies that have high turn-over ratio per year or has not
regularize a majority of its contractual employees. The taxes earned by the
government shall form part of the social security benefits of contractual
workers.
2) Outsourced contractors shall give proportional regular employee benefits to
those employees contracted for more than 3 mos. regardless of their contract
duration. Keeping in mind of seasonal contractual employees, those
contracted employees for more than 3 mos shall receive regular employee
benefits proportionate to their tenure, example of which are leave credits,
13th month pay, retirement, social security, health insurance, bonuses, among
others.
3) Non-renewal or non-extension of contract shall only be allowed for reasons of
performance, lack of capacity to employ, and other reasons given by law for
the termination of a regular employee. Non-renewal of contract or nonextension shall simply be given the same weight as termination of a regular
employee.
4) Subsequent renewal of expired contract or subsequent extension of expiring
contract shall be deemed extension of preceding or active contract, this will
allow the contracted employee to enjoy continuous employee benefits for
his/her valuable time and effort.
5) DOLE shall create the Implementing Rules and Regulations for this law in
protecting employee benefits.
POV of Critical Legal Studies:
Every legal entitlement is limited by the competing rights of others. In the case of
Endo, the legal rights in question are the rights of the contractual employees, and
the rights of the employer to employ contractual persons with respect to the right of
the employing company to maximize its income. It is therefore the society who
decides whose right shall accommodated and upheld. In this case, the 1987
Constitution of the Philippines, while respecting the right of a private corporation to
generate income, it is the right of the employees that shall prevail.

Natural Law POV


An unjust law is not a law, which from a reasonable interpretation means that
unjust laws are not laws in the fullest sense. In natural law theory, we believe that
positive laws came from the natural (divine or something beyond our being) laws,
which a positive law should not violate. In the case of contractual employment, it
entails the question whether or not endo violates the natural law. In modern

Natural Law by Brian Brix

natural law theory, natural law is often the basis of or part of the argument for
natural rights.[1]

Natural Law by Brian Brix

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