Recognizing that this so–called trilateral arrangement leaves workers vulnerable to abuse, the law explicitly prohibits what it labels as “labor only” contracting.
#Endo meaning philippines code
To see this fully, one properly begins with an overview of the law on contracting and the policies which the DOLE has toyed with through the years.Īrticles 106 to 109 of the Labor Code remain to be the main law on employment relationships which involve 3 parties, namely, a Principal which farms out work, a Contractor or Subcontractor which accepts the responsibility to do the work and the Worker(s) who actually do the work.
Workers now are worse off than ever before because DO 174 merely continues DOLE’s failed policies to regulate contracting out of labor. 174 (2017), he did not end “endo.” On the contrary, he ensured its continued practice and prevalence. When Secretary Bello finally signed Department Order (DO) No. (READ: ‘Legal’ contractualization still allowed in new DOLE order)
In the end, DOLE chose to break the President’s promise and keep “endo” alive. The main agency in charge of this, the Department of Labor and Employment (DOLE) headed by Secretary Silvestre Bello III, spent several months vacillating on the issue on the pretense of implementing a triple-pronged approach at addressing the evils of contractual employment (usually referred to its Filipino slang, “endo” or end-of-contract).ĭOLE’s dilly-dallying is in stark contrast to the President’s consistent and unequivocal stand against contractualization.
– Rappler.From the time President Duterte won the 2016 elections, workers throughout the country waited for the fulfillment of his campaign promise to end “endo”. (The pandemic is teaching us that if we truly want justice for the marginalized and oppressed in society, there should be no space for endo.)Ĭastro is part of the progressive Makabayan bloc, which filed a stricter version of the anti-endo bill that would have banned all forms of contractualization and fixed-term employment. “Tinuturo na rin sa atin ng pandemya na kung nais nating masabi na totoong may hustisya ang ating lipunan para sa maliliit at mahihirap, walang lugar dapat para sa endo,” said Castro. She said HB 7036 would only worsen the unemployment caused by the ongoing coronavirus pandemic, as contractual workers were the first to lose their jobs when the lockdowns were imposed. “This ‘substitute bill’ pales in comparison to the provisions of the Labor Code of the Philippines that clearly stipulate the prohibition of abusive workers’ contracts,” he added.ĪCT Teachers Representative France Castro likewise voted against the anti-endo bill because she said it would still provide “legal cover” for the abusive practices of employers, who would still be allowed to hire relievers, project workers, and seasonal employees. “The new bill departs from the original intent of the old bill which was to eliminate ‘endo.’ The current bill, to my mind, will not address the problem on labor-only contracting,” said Paduano. The Abang Lingkod lawmaker was a principal author of the anti-endo bill that Duterte had vetoed in the previous 17th Congress. House Minority Leader Joseph Stephen Paduano, however, opposed HB 7036 and argued that it is a watered down version of the Labor Code. Relievers who are temporary replacements of absent regular employees whose engagements shall not exceed 6 months.
But the measure would allow such an arrangement for the following: HB 7036 would also generally prohibit fixed-term employment, which is the hiring of workers for limited periods of time. Legitimate job contracting happens whenever a job that is not a core service of the principal employer is farmed out to a contractor or manpower agency to do the specific task. Under HB 7036, there is labor-only contracting when the contractor or subcontractor does not have substantial capital or investment to provide tools or work premises, and the workers they place are performing activities directly related to the principal business of the contractor’s employer. This is the re-filed version of the anti-endo bill that President Rodrigo Duterte vetoed in 2019 despite certifying it as urgent.Īt the time, Duterte said labor-only contracting should be prohibited but “legitimate job-contracting should be allowed” as long as the contractor is “well capitalized, has sufficient investments, and affords its employees all the benefits” in labor laws.
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