They accepted its impact on their pay, the unavailability of overtime and holiday pay, rest day premium, leaves, and many other basic conditions of work. Through time, agency-hired and “endo” workers internalized the practice that they were worth and treated less than regular workers.
“End of contract” is “endo,” indirect employees introduced themselves as “agency po ako,” and repeated employment lasting five months is “5-5-5”. In time, society naturally developed colloquial names for its workers’ common experience of insecurity in employment. As a result, countless positions which had previously been occupied by directly-hired regular employees were given to workers hired by agencies. It also led to a proliferation of short-term and precarious employment arrangements. 10 led to an upsurge of employment through agencies. 10 included a provision which introduced the concept of “permissible contracting or subcontracting.” It was the expressed aim of DOLE to give employers the “flexibility” they wanted while guarding workers’ rights. In May 1997, then Secretary Leonardo Quisumbing issued Department Order No. In those many years, DOLE’s approach has been demonstrated to be a complete failure. Indeed, for more than 20 years, the DOLE has adopted the weak approach and has chosen to restrict contracting arrangements instead of prohibiting it. Therefore, the repeated assertion by DOLE officials that they cannot prohibit contracting out of labor is simply not true.
Endo meaning philippines code#
In very clear terms, Article 106 of the Labor Code says: “ The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code.” It is very important to know that the Labor Code gave more than sufficient authority to the Secretary of Labor and Employment to address whatever abuse workers face under contracting arrangements. (READ: No ‘endo’ in 2017? Challenge of ending labor contractualization)įake news: DOLE cannot prohibit contracting The contractor or subcontractor is treated merely as an agent or no different from the Principal. To ensure that the workers know who their true employer is, the law says that under prohibited labor-only schemes, the principal shall be responsible to the workers as if they were directly employed by him/her/it. This exists when “the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer.” Recognizing that this so–called trilateral arrangement leaves workers vulnerable to abuse, the law explicitly prohibits what it labels as “labor only” contracting. To see this fully, one properly begins with an overview of the law on contracting and the policies which the DOLE has toyed with through the years.Īrticles 106 to 109 of the Labor Code remain to be the main law on employment relationships which involve 3 parties, namely, a Principal which farms out work, a Contractor or Subcontractor which accepts the responsibility to do the work and the Worker(s) who actually do the work. Workers now are worse off than ever before because DO 174 merely continues DOLE’s failed policies to regulate contracting out of labor. 174 (2017), he did not end “endo.” On the contrary, he ensured its continued practice and prevalence. When Secretary Bello finally signed Department Order (DO) No.
(READ: ‘Legal’ contractualization still allowed in new DOLE order) In the end, DOLE chose to break the President’s promise and keep “endo” alive. The main agency in charge of this, the Department of Labor and Employment (DOLE) headed by Secretary Silvestre Bello III, spent several months vacillating on the issue on the pretense of implementing a triple-pronged approach at addressing the evils of contractual employment (usually referred to its Filipino slang, “endo” or end-of-contract).ĭOLE’s dilly-dallying is in stark contrast to the President’s consistent and unequivocal stand against contractualization.
From the time President Duterte won the 2016 elections, workers throughout the country waited for the fulfillment of his campaign promise to end “endo”.
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