Labor groups urge Duterte to reject DOLE’s draft order on contractualization

Labor groups on Thursday urged the President not to sign the Department of Labor and Employment's (DOLE) Department Order No. 30, saying it would only "perpetuate" contractualization of labor.

"In digest, the new DO simply simulated in new fashion the framework of recognizing trilateral employment relations. It perpetuates the failed logic of regulation which during the last several decades has allowed and legitimized the business of labor contractualization done in many ways and in different forms," Rene Magtubo, chairman of Partido Manggagawa, said during a press briefing in Quezon City.

"This has to stop. The perpetuation of trilateral employment relation, which DO 30 continues to recognize in the form of job/service contracting of specialized, project and seasonal jobs, is more of a system upgrade rather than a change in policy itself. Hence, we denounce it as unacceptable," Magtubo said.

For his part, Federation of Free Workers (FFW) Vice-President Julius Cainglet explained that the new order will further legitimize the operations of manpower agencies.

"While being regularized sounds good, being employed by a manpower agency is different altogether. It doesn't improve the precarious condition of workers for they can still be easily removed from their work anytime," Cainglet said.

"It gives manpower the power to float workers for 3 months without giving them jobs until they surrender and resign without getting any of the promised benefits," Cainglet added. 

Meanwhile, Associated Labor Unions spokesperson Alan Tanjusay said that labor groups fear that the pending DOLE order will only create cheap labor as employers will only look for the cheapest contractor to source out the requirements of their business.

"Dito sa DO, magkakaroon po ng middleman at ang mangyayari ay magkakaroon ng race to the bottom kung saan magkakaroon ng cheapest labor in the history of the Philippine labor movement. Ang mangyayari po rito ang employer pipili po siya kung sino ang pinakamurang contractor yoon ang pipiliin niya," Tanjusay said.

"Pag pinili niya ang pinakamurang contrata, ang mangyayari sa manggagawa ay magkakaroon din ng pinakamaliit na sahod at pinakamura na benepisyo na matatanggap kaya po nirereject po namin ito," Tanjusay added.

Cainglet also stressed that the formulation of DO 30 did not go through the traditional process of consultations with affected sectors.

"Under RA 10395 or the Tripartism Law, issuances need to go through the National Tripartite Industrial Peace Council. While there were extensive consultations, the final form of the DO did not go through the TIPC," Cainglet said.

To address the labor groups' issues, Magtubo said they will request the President to hold a dialogue with labor leaders to exchange ideas on how to really end contractualization.

"In the meantime, in the absence of a new DO or new law, the President should likewise consider issuing an executive order that expressly prohibits all forms of contractualization or certify as urgent the enactment of House Bill 4444 that seeks to prohibit and criminalize contractualization," he said. —KG/BM, GMA News