By: Marites Toledo
PRESIDENT Rodrigo Roa Duterte should reject the Department of Labor and Employment (DOLE) Order 30 since it has no purpose of ending contractualization in the country.
Putting an end to all forms of contractualizations was one of the promises of Duterte when he was courting the Filipino voters to elect him as President of the country on May 9 elections.
DO 30 replaces DO 18.
Renato Magtubo, president of the Partido Manggagawa (PM), said the DO 30 will only continue and strengthen contractualization, a form of hiring employees to work in a company in less than six months whose monthly pay would be below minimum wage.
Magtubo, who was a former representative to the House of Representatives of a different labor group, said DO 30 will only “perpetuate 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.”
Under the DO 30 ends sub-contracting type of employees by another company.
Labor Secretary Sylvestre Bello III said the purpose of stopping sub-contracting is to stop the exploitation of capitalists on the workers employed by fly-by-night firms.
The DO 30 allows the manpower and recruitment firms to regularize their employees for them to get the minimum salary and financial benefits of a regular employee.
These companies should be the ones who will find jobs for the employees, but in case the recruitment firms fail to get jobs for their employees within three months after their jobs end, the said workers should be given retirement benefits.
Other forms of contractualization like 5-month contract or end-of-contract were excluded in the DO 30.
Bello stressed that ending other forms is the work of Congress and not of the Department of Department of Labor and Employment’s (DOLE).
Magtubo said all forms of contractualization “has to [be] stop[ped]. 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.”
The Federation of Free Workers (FFW) said DO 30 will actually strengthen recruitment of employees through manpower agencies.
Julius Caignlet, FFW vice-president, said “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.”
DO 30, Cainglet said, will give “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.”