MANILA – On Labor Day President Rodrigo Duterte said he signed an executive order (EO) stopping the labor practice known as “endo,” or “end of contract.”
But Duterte said issuing an EO was all he can do about the issue – and admitted that this would not suffice.
The EO prohibits illegal contracting or subcontracting and strengthens the workers’ rights to security of tenure.
“This government will never cease to provide the Filipino worker with full, dignified and meaningful employment,” Duterte said in a speech at the IEC Pavilion in Cebu City. “They deserve no less than decent and comfortable life.”
Labor rights advocates said companies use “endo” to avoid regularizing employees and paying higher wages and benefits. They wanted to end labor contractualization and were pushing for direct hiring.
Under the EO, illegal contracting and subcontracting and acts that will circumvent the workers’ rights to security of tenure, self-organization and collective bargaining are all prohibited.
‘NOT ENOUGH’
But completely stopping contractualization is still up to Congress, which may revise the “outdated” Labor Code, he said.
“I am committed to certify as urgent the bill on security of tenure to once and for all address the issue and provide a long-term solution that will further strengthen the worker’s right to security of tenure,” he said.
“To implement the effective lasting solution to the problems brought about by contractualization, Congress needs to enact a law amending the Labor Code,” said the President.
“I can only do so much and a mere executive order is not enough because you have to change or modify or abrogate some of the provisions (of the law),” he said. “I cannot be a legislator. It is not allowed. I can only implement the laws.”
Ending contractualization was one of Duterte’s campaign promises. Last month Malacañang said the President will not sign an EO against “endo” and will leave the decision to Congress.
WARNING
Moreover Duterte said he directed the Department of Labor and Employment to submit a list of companies engaged in labor-only contracting and warned these to stop the practice.
“Your days are numbered. I have warned you before and I have warned you again. Stop ‘endo’ and illegal contracting. I will see to it that the laws are strongly enforced,” he said.
The private sector “will have to live” by complying with the EO, Employers’ Confederation of the Philippines president Donald Dee said in a statement.
‘USELESS’
It is “useless” and offers “nothing new” to the workforce, two opposition lawmakers said of the EO.
“Walang silbi ang EO na nilagdaan dahil ang pagbababawal sa labor-only contracting ay nasa Labor Code na,” Rep. Carlos Zarate of Bayan Muna party-list said in a statement. “Ang kailangan ngayon ay maglabas ng policy na ipagbawal ang lahat na forms of job contracting.”
“Gusto lang ng EO na ito ay pahupain ang galit ng mga manggagawa sa pagtalikod ni Pangulong Duterte sa pangako niyang wakasan ang ‘endo’ at kontraktwalisasyon,” he said.
“Reiteration lang iyan ng existing labor laws that have been proven [to be] anti-worker,” Rep. Ariel Casilao of Anakpawis party-list said in another statement. “Prohibiting (labor-only contracting) is already there but employers continue to circumvent and abuse.”
Casilao added: “What the workers demanded is total prohibition of contractualization by virtue of direct hiring. Permissible and allowable contractualization should only be limited to seasonal and project-based work with a strict provision of prohibiting repeated hiring of project based with same principal employer.”
Meanwhile Rep. Sarah Elago of Kabataan party-list already said the EO does not live up to its promise.
“These (EO prohibitions) are obviously not enough as we have seen how big businesses have been able to circumvent the law even with these prohibitions,” Elago said. “This utter deception is unacceptable.”/PN
