DOLE not in favor of two-year probationary period for employees

Labor Secretary Silvestre Bello III on Saturday said the Department of Labor and Employment (DOLE) is not in favor of the proposal to extend the probationary period of employees from six months to two years.

"Hindi namin alam ano ang dahilan kung bakit nag-sponsor ang [Probinsiyano Ako] party-list ng a longer period of probation. With due respect, ang DOLE has a different position kasi masyado naman atang mahaba 'yan," Bello said in an interview on Dobol B sa News TV aired on GMA News TV.

"Tama naman 'yung six months (na probationary period) without prejudice kung mayroong usapan, may agreement between the employer and employee na they can have a longer period. Otherwise dapat sundin 'yung probationary period na six months," he said.

"After six months, regular (status), automatic na," Bello added.

Probinsyano Ako party-list Representative Jose "Bonito" Singson Jr. filed House Bill 4802, saying the six-month probationary employment period prescribed under the Labor Code is not enough to assess whether an employee is qualified for regularization, particularly in positions requiring specialized skills and talents.

The measure is currently pending before the House Committee on Labor and Employment.

Bello said labor laws say an apprenticeship agreement after a six-month probationary period may be entered into between employer and employee if there is a need to learn special skills or there is a new requirement.

"Under the Labor Code, puwede naman 'yung longer period provided there is an agreement that after six months there is an apprenticeship agreement between employer and employee. Magtatrabaho ka pa rin pero hindi ka pa rin regular, pero may special agreement," he said.

Bello clarified that such agreements depend on the position being applied for.

The Labor secretary also said should the proposed measure pass Congress, they will recommend to the President that he veto the bill.

"Congress will decide and of course the President. Assuming na papasa and the President will ask the Department of Labor kung ano ang posisyon namin, we will recommend a veto, kasi kawawa naman ang ating mga manggagawa," Bello said.

He added that President Rodrigo Duterte has made known he is against contractualization, wherein an employee does not get to become regularized after six months due to end of contract.

"Ayaw na ayaw ng ating Pangulo 'yung 5-5-5. 'Yung mga pasaway na employer, para hindi ka maging regular, after five months tinatanggal ka muna. After an interval of one or two months, ire-rehire ka just to avoid 'yung pagiging regular na employee," Bello said.

Makabayan bloc lawmakers on Thursday opposed the proposal of their fellow House minority member to extend the maximum prescribed period of probationary employment from six months to up to two years.

The Trade Union Congress of the Philippines (TUCP) on Thursday also opposed the measure, saying such a proposal would impede workers' welfare.

Alan Tanjusay, spokesperson of Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP), said in an interview on Dobol B sa News TV on Saturday that their organization is rejecting the proposal.

"Ito ay nire-reject ng TUCP at isa itong uri ng pagpapalawig ng endo at kontraktuwalisasyon sa Pilipinas," he said.

Meanwhile, the Employers Confederation of the Philippines (ECOP) on Saturday said it was still studying whether the proposed two-year probationary period for employees would be beneficial.

"Pero normally six months is enough (na probationary period), pero pinag-aaralan pa namin ang bill dahil baka naman may magandang probisyon doon na pahabain natin ang six months," ECOP president Sergio Ortiz-Luis Jr. said in an interview on Dobol B sa News TV aired on GMA News TV. —KG, GMA News

-----

This article has been updated to clarify an earlier attribution to Ang Probinsyano Party List which actually should be to Probinsyano Ako Party List. We regret the error.