Lawmaker introduces amendments to Labor Code

A neophyte party-list lawmaker yesterday sought amendments to the Labor Code particularly on the provisions about security of tenure and contractualization of workers.

According to Rep. Emmeline Aglipay of the party-list Democratic Independent Workers Association (DIWA), there are gaps in the labor law that leads to conflict between the employer and the worker as in the case of the dispute between the Philippine Airlines (PAL) and the Philippine Airlines Employees Association (Palea).

“We should eliminate the gray areas in the Labor Code by setting stricter parameters to regular employment vis-a-vis fixed-term employment and permissible job contracting,” Aglipay, a lawyer, said at a press conference yesterday at the House media center.

Aglipay, who filed House Bill 3402, noted that there are rampant abuses by companies trying to avoid or curtail regular employment.

“Even if the dispute between PAL and Palea is regarding to the provisions of their Collective Bargaining Agreement (CBA), nevertheless, it highlights the need to clearly define the kind of contracting out of work and services that should be allowed or prohibited,” the DIWA lawmaker said.

Aglipay said the practice is discriminatory against contractual and casual employees, who do the same kind of work as regular workers but are denied the status and other benefits enjoyed by them.

In most cases contractual and casual employees are given fixed term contracts and left to the mercy of employers who can normally terminate their services anytime they please.

She, however, said that there are instances when certain industries should be allowed to engage in flexible labor practices.

She explained that under the Constitution, such practices should be the exception as it provides that regular employment should be the general rule.

“The necessity of regular employment, one that allows for upward mobility as a reward for excellence and diligence, to the Filipino family cannot be overemphasized for it is almost impossible to have a stable family or even plan for the future if one does not have a stable job,” she said.

She added the measure, which is pending before the House committee on labor, seeks to create a new category of employment and makes “clear and precise” the rights of workers, citing the ongoing labor dispute between PAL and members of the flag-carrier’s employees association. –Gerry Baldo, Daily Tribune