To ensure the promotion of workers’ rights and welfare, Labor and Employment Secretary Silvestre H. Bello III yesterday issued a memorandum directing all regional directors and concerned heads of DOLE offices to strictly implement the Labor Laws Compliance System.
“DOLE is not allowing the use of short-term employment contracts, whether these are through direct hiring by employers/principals or through contracting out, that is contrary to the provisions of the law,” said Bello.
The Memorandum reiterated that “endo” or “555” are contrary to Articles 106 to 109, Articles 259, and Articles 294 to 296 of the Labor Code.
To assess contracting and subcontracting practices activities in the country, the Department conducted a workshop on 18-19 July at the Occupational Safety and Health Center to discuss the issues and strategies which will address “endo” or “555”.
The said initial activity will also review the policy and legal framework on contracting and subcontracting.
To come up with a reliable and credible landscape of contracting and subcontracting in the country, the labor and employment chief directed the DOLE’s Bureau of Working Conditions (BWC) to come up with a profile of contractors and subcontractors based on the findings of the Labor Laws Compliance Officers of the Department.
Under the said memorandum, the DOLE Regional Directors are tasked to submit problems and constraints encountered in the enforcement of labor laws and social legislation. They shall also come up recommendations which will address the causes of the problems.
The DOLE Regional Directors shall submit profile of contracting and subcontracting arrangements in their respective regions.
The Bureau of Labor Relations and the Legal Service shall prepare an inventory of all laws, rules and regulations, issuance and jurisprudence, including pending bills on contracting and subcontracting. They shall also come up with a recommended solutions or causes of action to remedy violations identified.
Undersecretary Ciriaco A. Lagunzad III, as the head of the Department’s Social Protection cluster, shall oversee the activities to ensure that the policy goal of Pres. Rodrigo R. Duterte’s administration to end all contracting and subcontracting arrangements and practices are in compliance with the law.