AT least five bills pending at the House of Representatives have been designed to plug the “loopholes” in the Labor Code of 1974 and address the gridlock between workers and employers on the issue of “endo” or end of contract or labor contractualization.
Davao City Rep. Karlo Alexei Nograles, chairman of the House committee on labor and employment, said the measures are House Bills 5416, 5415, 5806, 6397 and 4659, which he authored.
“These bills seek to institutionalize the multiple approach adopted by Department of Labor and Employment in addressing the issue of endo or contractualization, which is synonymous to circumvention of labor laws on labor standards and occupational safety and health standards, security of tenure, and right to self-organization and collective bargaining,” he said.
He, however, said DoLE has undertaken reforms to address the issue of contractualization over the issuance of Department Order 18-A prescribing stricter rules and regulations on contracting and subcontracting, and provides all contractor’s employees, the rights and labor standards benefits including the right to security of tenure, right to self-organization and collective bargaining.
Another reform by DoLE is Department Order No. 131-2013 or Labor Law Compliance System that ensures enforcement of all labor laws and regulations and addresses issues on contractualization, security of tenure and other labor laws violations through a combined regulatory and developmental approach,” he added.
The gaps include Articles 106-109 that allows contracting and subcontracting arrangement and prohibits labor-only contracting; Articles 279, 280 and 281 on the right to security of tenure, regular employment, probationary; and Articles 282 and 283 or the grounds on termination of employment and Articles 128 and 129 on visitorial and enforcement power of DoLE secretary.
“Completing the package of amendments is the proposed Labor Laws Compliance System (HB6433) or the amendments to Articles 128 to 129 of the Labor Code, and House Bill 6397, the Occupational Safety and Health bill, which imposes penalties for everyday of non-correction of OSH violations including criminalizing deaths with employer negligence due to non-observance of OSH standards,” Nograles said.