CONSULTATION with Contractors, Sub-contractors and their Principals on

CONTRACTUALIZATION
Labor Laws Compliance System (LLCS)
Joint Assessment – all private establishments, 10 or more employees.
Compliance Visit – apply only if there are complaints

LAW ON CONTRACTUALIZATION
Contractualization MUST END.” PRES. D
“ENDO IS AN INJUSTICE THAT MUST BE STOPPED.”
“ENDO” end of contract
5-5-5 workers can only work for 5months and renewable for another two consecutive
5months.

Labor code: work beyond 6 months acquires permanence or regularity.

“contractuals=endo”
Section 3 ARTICLE XIII, Philippine Constitution (BASIS OF THE PROHIBITION)
Legitimate and illegitimate contracting. Labor only contracting prohibited. LABOR ADVISORY
NO. 10.
Elements:
1. Merely supplying manpower
2. Never exercise control over the work of the employee, absence of control indicates
labor only contracting.
ESSENCE OF PROHIBITION
 EMPLOYEES ARE DELIBERATELY DEPRIVED OF THEIR CONSTITUTIONAL RIGHT TO
SECURITY OF TENURE (after 6months of work) Employers try to avoid obligations related
to acquisition of tenure.
 WHO IS AN EMPLOYER? Power to hire, fire, pay salary exercise control.
 FIXED TERM EMPLOYMENT NOT VALID IF DONE ONLY TO AVOID REACHING TENURE.

NOTE: REQUIREMENT OF RETIREMENT

BENEFITS AS PER RETIREMENT LAW. CHECK
ALSO AGE REQUIREMENT.
EMPLOYEES COMPENSATION PROGRAM
 AFTER 30 DAYS SOCIAL BENEFITS
SHOULD BE AWARDED TO EMPLOYEES.
 WHY DO YOU NEED SSS?
COMPENSABLE DISEASES UNDER THE EC
LAW.

Drug-free workplace
COMPEHENSIVE DRUGS
ACT:SEC.47
 DRUG FREE WORK PLACE
POLICIES AND PROGRAM,
COMPONENTS INCULDE:
1. ADVOCACY, EDUCATION
AND TRAINING;
2. DRUG TESTING PROGRAM
FOR OFFICERS AND
EMPLOYEES;
 3. TREATMENT,
REHABILITATION AND
REFERRAL
4. MONITORING AND
EVALUATION
 ABSENCE MEAN
NONCOMPLIANCE.WAHAHA
 DEPARTMENT ORDER NO.
53-03
 SCOPE: PRIVATE AND
CONCESSIONAIRES.
Report of compliance with
the 13 month pay ;)))
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