Duterte wants list of firms in ‘labor-only contracting’

President Rodrigo Roa Duterte ALFRED FRIAS/PRESIDENTIAL PHOTO

President Rodrigo Duterte has ordered Labor Secretary Silvestre Bello III to submit within 30 days an inventory of companies involved in “labor-only contracting.”

“The Department of Labor and Employment (DOLE) secretary is hereby directed to submit to the Office of the President within thirty (30) days from issuance hereof, a comprehensive report on the implementation of DOLE Department Order Nos. 174 and 183 Is 2017, including violations thereof and a list of companies engaged and/or suspected to be engaged in labor-only contracting,” Duterte’s memorandum to Bello read.

“Further the National Labor Relations Commission is directed to coordinate with the DOLE Secretary and submit a list of cases involving respondents found to be engaged in labor-only contracting and/or have committed violations of the above-stated Department Orders,” the memorandum added.

‘Tokhang’ 

Presidential Spokesperson Harry Roque said the order to Bello would mean a crackdown on labor-contracting companies.

“Tawagin na lang natin ito bilang Tokhang Laban sa Cabo,” Roque said in a Palace briefing on Friday.

Cabo is a person or group supplying workers, with or without any monetary or other consideration, whether in the capacity of the employer’s agent or an independent contractor.

He said there would be a “crackdown” against companies engaged in labor-only contracting.

“Itong 30 days na ito, it’s not just for the list. It’s to tell them comply, otherwise isasara kayo ni Presidente,” he said.

“At talagang magkakaroon ng Tokhang sa mga kumpanya, iisa-isahin sila. Tokhang laban sa ‘cabo’ ito.  Let me call it now, Tokhang Laban sa Cabo,” he added.

The Philippine National Police has its own Tokhang, which means that policemen go on the houses of drug suspects to urge them to surrender to the government and seek rehabilitation.

Roque said “labor-only contracting is already prohibited by the existing Labor Code.”

“Ang promise ng Pangulo, habang ganiyan ang depinisyon ng contractualization na hindi lahat ay bawal, kung hindi iyong mga cabo lamang, sisiguraduhin ni Presidente wala talagang 555 at wala talagang cabo – 30 days. Wag n’yo pong subukan ang Presidente, dahil alam n’yo naman ang resolve ng Presidente,” he said.

The Palace official reiterated that Duterte would no longer sign an executive order on “endo” but would rather leave it up to Congress to pass a law instead.

“As I said, the decision is to now leave the matter of endo to Congress, because there was no tripartite to consensus on an executive order on endo,” he said.

“And we realized that if we are going to have a re-definition – prohibit even service contractors with substantial capitalization – that would require an act of Congress,” he added.

The Labor Code, he said, allows service contracting provided it is not “cabo.”

“Ang cabo na ipinagbabawal ay iyong mga walang capital at saka ang ipinagbabawal iyong 555, iyong talagang pagkatapos ng limang buwan sinisisante iyong mga empleyado,” he said.  / kga / jpv