Contractuals assured security of tenure – DOLE

Published by rudy Date posted on March 6, 2012

Legazpi City, Mar 6 (PIA) — Contractual workers across Bicol region need not worry losing their jobs hastily, intimidated, and anxious of unpromising future upon completion of their contract of employment.

The Department of Labor and Employment (DOLE) regional office here has assured contractual workers of ‘security of tenure’ by virtue of Department Order No. 18-A providing that contractual workers cannot be terminated without due cause and due process and shall enjoy all the benefits and privileges accorded to a regular employee.

Establishments or companies listed as principals, or those engaging the services of a contractor, must justify to DOLE that the work to be done by the contractor are not necessary and desirable to the business of the company.

DOLE V regional director Nathaniel V. Lacambra said DO 18-A, also known as, “The Guidelines in Labor Contracting and Sub-Contracting,”  was issued by Labor Secretary Rosalinda Dimipilis-Baldoz in November last year and will take effect this year.

Lacambra explained that the new policy is designed to address the issue on contractualization which undermines the security of tenure of contractual workers, adding that it also addresses the issue of labor only contracting (LOC) and fly-by-night establishments that are contracting services without sufficient capital thereby sacrificing their worker’s security of tenure and labor standards benefit.

“While we assure our contractual workers to worry no more, we are also soliciting the cooperation and support of all the construction and service contractors and sub-contractors in the region  to abide by the new policy,” he stressed.

“This new law has given us (DOLE) more power to regulate the practice of job contracting and strictly prohibiting labor-only contracting,”  Lacambra added.

The new policy, according to DOLE V assistant regional director Exequiel Ronnie A. Guzman, will provide safety net protection to the workers by ensuring that contractors/sub-contractors are legitimate and have substantial capitalization.

DOLE V also emphasized that the “five months – five months” contract will be addressed by the provision of the new department order.

Mona Catoria, 37-years old and a management representative of Elkan Konstrak Development Corporation  said that, “Wala naman problema dun sa security of tenure at compliance namin sa labor standards. Ang parang nakakagulat lang eh yung registration na P25,000 dati P100 lang tapos ngayon ang taas na at yung requirement na dapat ay di bababa sa P3 milyon and paid-up capitalization. Sa amin, malalaking estalishments ay ayos lang, e pano yung mga maliliit at nag uumpisa pa lamang? Kung ang layunin natin ay mag-generate ng employment, di ang mga maliliit na sub-contractors/contractors ay di na mabibigyan ng pagkakataon na lumago”

DOLE- V officials, however, said they will take note of all the concerns raised by the stakeholders.

With the unanimous concerns, the participants have agreed to organize an Industry Tripartite Council (ITC) after the orientation in order to come up with their written position on DO18-A.

“Our advise to the small contractors/sub-contractors if they cannot comply with the P3 million paid-up capitalization, then they can form a merger.” Lacambra said.

DOLE V has set another orientation on DO 18-A on March for the members of the tri-media under its DOLE and Media Alliance (DAMA Bicol) Program.

“The tri-media is our partner in information dissemination. We need their help in letting the public know this new development on labor laws.”  Lacambra concluded.  (MAL-PIA V/DOLE V)

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