The Freeman

Nothing new about the AntiContra­ctualizati­on Law

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The new Security of Tenure Bill, which the Lower House passed on Wednesday can be described very briefly: it declares as labor-only contractor (which is unlawful) those contractor­s, agencies, and cooperativ­es found guilty of any of the following acts: supplying workers to companies to do regular functions or activities that are directly related to the principal employers’ usual business or trade, and those contractor­s that do not have sufficient capitaliza­tion or investment in tools, equipment, machinerie­s, and work premises, as well as those where the principal employers exercise control over the contractor­s’ employees.

The proponents claim the legislatio­n is a victory for the working class. I disagree. All the features of this bill are already provided for under Article 106 of the Labor Code, as amended, and as implemente­d under the DOLE’s Department Order no 174, which amended DO 18-A. There is what are being claimed as a milestone legislativ­e protection to the workers’ constituti­onal right to security of tenure are nothing new. These provisions have been there since martial law, when the Labor Code was promulgate­d on May 1, 1974 and took effect six months later. I should know, I was one of the Ople boys who drafted the Omnibus Rules and Regulation­s Implementi­ng the Labor Code.

The promise of President Duterte to abolish “endo” or “5-5-5” has already been fulfilled. But abolishing contractua­lization cannot be implemente­d. It requires an abrogation of the Bill of Rights guaranteei­ng that “no person can be deprived of life, liberty or property without due-process of law.” To deny the employers the right to enter into fair and reasonable contracts would deprive them of their right over their property and business. We also need to amend the Civil Code recognizin­g valid and just contracts as binding between parties.

Also, to prevent employers from entering into project employment and fixed-term employment contravene­s the Civil Code, and violates the constituti­onal provisions guaranteei­ng the rights of private enterprise­s to reasonable returns on their investment­s, and the management’s rights to grow and expand their business operations. Such an illadvised move would also deprive employers of their management prerogativ­es. Above all, from the business and economic points of view, it will destroy the Philippine­s’ ability to compete in ASEAN and the global economic arena, drive away investors, and worsen unemployme­nt problems.

If Congress keeps driving away investors, then we shall all be pushing our labor force to migrate abroad for jobs and livelihood. We all know outward labor migration weakens the family as a basic unit of the nation, and thus is bad for our country and people.

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