Duterte: Hands tied on ending ‘endo’

PRESIDENT Rodrigo Duterte has admitted that his hands are tied on the banning of all forms of illegal contractualization or end of contract (“endo”) schemes, saying only Congress has the power to do so.

In his speech in Mulanay, Quezon on Wednesday, Duterte said ending contractualization would require amendments to the Labor Code, which is beyond the powers of the executive branch.

“I cannot say, ‘If you do not do this, if you do this, then you will be liable and sentenced to...’ Wala ‘yan [That’s not it] because I cannot have that power. It is only Congress [that] can make whatever the situation is. If there is a wrong done, that’s only Congress,” he said.

The President on Tuesday issued Executive Order (EO) 51 prohibiting illegal contracting and sub-contracting of workers and called on Congress to enact a law to further strengthen the workers’ right to security of tenure.

Militant labor groups and other sectors rejected the EO, saying it was useless as it would not be enough to end the practice of contractualization.

A portion states that security of tenure of workers, or the right of workers not to be dismissed or removed without just or authorized cause in observance of procedural due process, is consistent with the Constitution, the Labor Code as amended and prevailing jurisprudence.

Under the EO, it shall be the Labor secretary, in consultation with the National Tripartite Industrial Peace Council, who may “declare activities which may be contracted out.”

It states that violations of the order “shall be penalized as provided for under existing rules and regulations.”

The EO will take effect 15 days after its publication in a newspaper of general circulation.

Ending “endo” was a campaign promise of then-Davao City Mayor Rodrigo Duterte to labor workers.