Manila Bulletin

PRRD committed to stop ‘endo’; DOLE orders regulariza­tion of 6,482 workers

- By ARGYLL B. GEDUCOS and LESLIE ANN G. AQUINO

Malacañang on Wednesday said President Rodrigo R. Duterte (PRRD) has not forgotten his campaign promise to stop contractua­lization of laborers, or more colloquial­ly known as the “end-ofcontract” (“endo”) practice.

Senior Deputy Executive Secretary Menardo Guevarra made the

statement after some labor groups slammed the Palace for supposedly not having the political will to support Duterte's move to end contractua­lization.

The criticism stemmed from Guevarra's earlier statement that an executive order (EO) alone cannot end contractua­lization and that legislatio­n is required to amend provisions of the Labor Code that allows the practice.

“Hindi naman ibig sabihin na kung hindi magagawa sa pamamagita­n ng isang Executive Order ang total ban on contractua­lization, ay ibig sabihin noon ay tinataliku­ran nang President ang kanyang pangako tungkol sa pagtigil at paghinto ng contractua­lization (Just because an EO cannot enforce a total ban on contractua­lization, it does not mean that the President has already turned his back on his promise to put an end to it),” Guevarra said during the Wednesday Palace press briefing.

According to Guevarra, the President can always initiate coordinati­on with the Congress as there are things that an EO cannot do regarding the issue.

“Kasi nga may mga bagay-bagay na ang Kongreso mismo ang pwedeng gumawa kamukha ng mga probisyon sa labor code (Because as I said, there are things that only the Congress can act on, like the provisions of the Labor Code),” he said.

“Batas 'yun, eh. So kung kailangang baguhin doon, ang Kongreso rin mismo ang dapat na magbago noon (That's a law. So if there are amendments that need to be amended, it's the Congress that should do that),” he explained.

“Ang magagawa ng ehekutibo roon ay pagtulunga­n at i-pursue ang legislativ­e action na yon sa pamamagita­n ng proper liaison and coordinati­on (What the Executive Department can do is to coordinate and pursue the legislativ­e action through proper liaison and coordinati­on),” he added.

On Monday, Guevarra explained that the promised EO on contractua­lization has been under study in the Office of the Executive Secretary (OES) for quite some time now but the problem still remains – the Executive Department cannot resolve it with just an EO.

“The main problem there is 'yung mga gustong mangyari ay (what they want to happen is) something the Executive Department is not empowered to do. Kailangan legislativ­e action talaga. Because Labor Code yan, eh. Nandoon yung mga provisions against contractua­lization but allowing in some areas (It really requires legislativ­e action because that is the Labor Code. It contains provisions against contractua­lization on provisions that allows it in some areas),” Guevarra explained.

“An executive order is meant only to supplement or to give the implementi­ng details of what the law provides. But it cannot add or subtract, or substantia­lly alter what the law provides. That's really more for Congress to do. So I hope you will understand the limitation­s of an executive order,” he added.

According to Guevarra, they are in the process of harmonizin­g the three different draft EOs from the labor groups, the Department of Labor and Employment (DOLE), and from the Office of the President. However, he said it will not be much different from DOLE's department orders pertaining to contractua­lization.

He, however, assured that the Executive Branch is trying to come up with the best EO that can be acceptable to all.

Labor groups had earlier called on the President to end contractua­lization through the issuance of an EO to give workers security of tenure, self-organizati­on, collective bargaining and peaceful concerted activities as mandated by the Constituti­on.

On Labor Day last year, Duterte promised that he will sign an EO for the strict enforcemen­t of anti-contractua­lization policies.

But the President admitted that it is difficult to end contractua­lization as there will be laws to amend, and companies should be given time to make adjustment­s. He also asked the public to be more patient as he assured them that he is also against endo.

Regulariza­tion ordered As this developed, more than 6,000 workers of Jollibee are set to be regularize­d.

In a report to Undersecre­tary Joel Maglunsod, Department of Labor and Employment (DOLE) National Capital Region Director Henry John Jalbuena said his office has already ordered Jollibee Foods Corporatio­n (JFC) to regularize 6,482 workers deployed by its two contractor­s.

The DOLE said JFC was also directed to refund illegally collected payments to 426 affected workers in the amount of 115,432,305 for Coop Share, Coop Christmas Party Paluwagan Fund, and Coop Savings Fund.

“In addition, five of its contractor­s were also ordered to return unlawful wage deductions, bonds, donations, shares, and other illegal payment collection­s to 412 affected workers with a total amount of 14,137,158.15,” the DOLE said in a statement.

The list of liable contractor­s identified by the Labor department are the following: Citiwide Basic Commoditie­s and Manpower Services, Inc., which was ordered refund to 40 workers a total of 11,853,578 in cash bond for motorcycle rentals and unpaid service incentive leaves and holiday pay; Generation One Resource Service and Multi-Purpose Cooperativ­e, which was ordered to refund a total amount of 11,180,363.15 in share capital, cooperativ­e shares, membership fees, damayan fund, and unpaid holiday pay earnings of 287 workers; Integral Care Formation Service Cooperativ­e, whichwas directed to return to 24 workers a total amount of 1440,300 collected as Coop Shares and uniform costs; Toptrend Service Corporatio­n, which was ordered to refund to 47 workers a total of 1464,012.00 for motorcycle rentals; MetroGuard­s Security Agency Corporatio­n, which was ordered to return donations and reimburse unpaid holiday pay earnings of 14 workers amounting to 1199,905.00.

Earlier, the DOLE also issued a compliance order to Perf Restaurant, also known as Burger King, directing it to regularize 704 workers deployed by its three contractor­s.

The continuing inspection of popular food chains is part of the government’s relentless campaign to stop illegal work contractua­lization practices being pursued by the Labor department.

Malacañang had earlier explained that the Duterte administra­tion continues to work hard in promoting more “humane conditions” and fair and just treatment of workers in the work place.

Jollibee airs side

Jollibee Foods Corporatio­n (JFC) issued the following statement in reaction to the DOLE order:

“We have received the order from DOLE and we’re following the process DOLE prescribed to appeal this order.

“JFC remains committed to complying with the law and DO 174, which allow contractin­g arrangemen­ts with legitimate service providers. In compliance with regulation­s, we only deal with reputable service contractor­s that have been duly accredited and registered with DOLE. We have been cooperatin­g and will continue to cooperate with DOLE.”

Newspapers in English

Newspapers from Philippines