Security of tenure pushed
Palace calls on Congress to expedite passage of bill to end all forms of contractualization
After President Duterte took the first step to ban illegal contractualization with the signing of Executive Order (EO) No. 51, Malacañang appealed on Wednesday to Congress to hasten the passage of the security of tenure bill to fully end all forms of labor contracting.
Presidential spokesman Harry Roque made the appeal after labor groups said they were not satisfied with the EO that Duterte signed on Labor Day in Cebu.
Roque, in an interview over DZMM early Wednesday, reiterated that an EO can only do as much, stressing that it is only Congress which can really ban contractualization.
“Malacañang cannot craft a law because that is the duty of Congress. And when you read the EO, that is really the best that Malacañang can come up with,” he said.
“Anything more will become executive overreach. It will become executive legislation na, madedeklara naman na unconstitutional iyan ’no (and will be declared unconstitutional),” he
added.
According to Roque, the House of Representatives has already passed its own version of the security of tenure bill but hopes that President Duterte will certify it as urgent so the Senate can act on it immediately.
“Maybe, if it is certified as urgent, the Senate can act on the House version and the two chambers will be forced to prioritize and expedite the passage of the bill,” Roque said.
Senate vow Senate President Aquilino Pimentel III has already vowed to prioritize the passage of a measure to end the end-ofcontract scheme or “endo”– the hiring of employees on a short-term contract – once the Senate resumes session on May 15.
“I support the end of contractualization and approve of the bold move of President Duterte signing an EO to end it. For my part, I will make sure that a law on the matter will be passed as soon as possible to make the gains of workers permanent,” Pimentel said in a statement he sent to reporters late Tuesday night.
“The law on endo will have priority once Congress resumes its session on May 15, 2018,” he added.
Pimentel agreed with the President on the need to amend the Labor Code to effectively address the problems on labor contracting in the country.
“A law may be needed as the executive order can be easily overturned by another President. A law will make it more difficult to reverse what has been done by the EO,” he said.
The Senate Committee on Labor, Employment, and Human Resources Development has yet to endorse in the plenary the proposed End of Endo Act which seeks to ensure the workers’ right to security of tenure. Several senators had earlier called for its immediate passage in the Upper Chamber after the House of Representatives passed its own version last January.
“Ending endo will empower our workers and improve their quality of life,” he said.
Roque said the Palace understands that the Senate already has a lot on their plate.
“We have already asked the Senate for too much. There is already the Bangsamoro Basic Law and now the contractualization,” he said.
“So we are also weighing the situation because we don't want the Senate to think that the President is meddling with their affairs,” he added.
“So we are asking them, coursing through the proper process. But it is really up to our honorable senators,” he continued.
EO No. 51
Duterte's new EO strictly prohibits the contracting or subcontracting when it is undertaken to circumvent the worker's right to security of tenure, selforganization, and collective bargaining, and peaceful concerted activities.
Security of tenure refers to the right of employees not to be dismissed or removed without justice or authorized cause and observance of due process. Duterte's new EO authorizes the Labor Secretary to declare activities which may be contracted out.
EO No. 51 also authorizes the Labor secretary, through his representatives, to conduct inspection of establishments to ensure that employers are complying with all labor laws, including this new Order.
The secretary of Labor and/or his representatives also have full access to employer's records and premises as well as to any personnel at any time whenever work is being undertaken.
They also have the right to copy such records, to question any employee, and investigate any fact or condition that may be necessary to determine violations or which may aid in the enforcement of the Labor Code and any other relevant rules and regulations, including wage order. (With a report from Vanne P. Terrazola)