Labor groups will have a say on which positions in a company may be subjected to contractualization under their proposed executive order (EO), which they hope President Duterte will sign this week.
In a statement, the Trade Union Congress of the Philippines (TUCP) disclosed the proposed EO will prohibit contractualization if it contravenes with the rights of workers on security of tenure, organizing themselves into unions and to bargain collectively.
The EO defines security of tenure as the direct hiring relationship between principal employer and the employee.
The TUCP said companies, which are seeking to be exempted from the prohibition of the EO, must get the approval of the National Tripartite Industrial Peace Council (NTIPC).
The NTIPC serves as the advisory council of the Department of Labor and Employment (DOLE) for its new policies. It is comprised of representatives from the government, private sector and labor groups.
“Exemptions to the prohibition of contractualization under the EO shall be through unanimous agreement in the National Tripartite Industrial Peace Council (NTIPC) in conjunction with the DOLE secretary,” TUCP President Raymond Mendoza said.
Labor Undersecretary Joel B. Maglunosd confirmed the said provision of the draft EO in an interview with the BusinessMirror.
“It has no major difference from our current policies [on contractualization]. It just defined security of tenure and added a provision that in an event some positions must be contracted out, the NTIPC will create a body to define that,” Maglunsod said.
The EO, which was supposed to have been signed by President Duterte last December, was a result of the DOLE’s consultation with employers and labor groups.
Last month the DOLE revised the draft EO upon the request of some labor groups.
President Duterte is expected to meet with labor representatives this week to discuss the EO.
Days before the said meeting, labor groups expressed concern on the report quoting President Duterte that Labor Secretary Silvestre H. Bello III will soon resign from his post to focus on his plans to run for senator in 2019.
The Federation of Free Workers (FFW) urged Bello to postpone his political plans in favor of reforming government policies on contractualization. “It’s too early to talk about politics now. What we need is concrete action to stop contractualization,” FFW Vice President Julius Cainglet said.
For its part, the Associated Labor Union-TUCP (ALU-TUCP) said they will throw their support to Bello’s senatorial bid if the EO is signed.
“If he would be able to get an EO banning contractualization before he steps down, he will be supported by all labor groups and workers organizations,” ALU-TUCP Spokesman Alan Tanjusay said.
Bello, however, immediately denied the report that he will soon be leaving his post saying the President was merely teasing him, when he publicly announced his supposed senatorial bid.
“I am already too old for that. President Duterte was just joking when he said that,” Bello clarified in a radio interview last week.
Under Bello’s administration, the DOLE imposed additional restrictions for contractors and subcontractors and launched an ongoing campaign against illegal contractualization resulting to the regularization of thousands of contractual workers.