A MEASURE seeking to eliminate labor contracting has been filed in the House of Representatives.
Under House Bill 5806, all employees are deemed regular after a period of six months from the first day of their employment.
Davao City Representative Karlo Alexei Nograles said that under his proposed measure, a probationary employee shall automatically become a regular employee after meeting the standards stipulated in the written contract of probationary employment.
The lawmaker said the bill aims to eliminate end-of-contract workers or “endo” scheme which refers to short-term and unprotected temporary work arrangements that are bound by a five-month timeframe so that companies will not make them regular employees after six months under the present law.
Nograles, chairman of the House committee on labor and employment, also raised the issue on security of tenure of workers who are under probationary, project, fixed term; casual, seasonal, temporary, extra, and 5-5-5 work arrangements.
He said employees irrespective of employment status and position shall not be dismissed without cause and due process.
Nograles said illegally dismissed employee, without cause and due process, shall be entitled to reinstatement without loss of seniority rights and benefits, full back wages, allowances, social benefits, and all other benefits and remunerations provided by law.
Sorsogon Representative Deogracias Ramos Jr., co-author of the bill, said the rights, terms and conditions of employment of probationary employee shall not be lower than the minimum standards set by laws or regulations.
“The job description and qualification standards of a worker to qualify for regular employment shall be in a written contract and made known by the employer to the employee at the time of his or her engagement,” said Ramos.
Under the bill, those under industry-specific work arrangement as may be determined by the Department of Labor and Employment (Dole) through tripartite approval are also not considered regular employees, unless there is a written contract of employment of not less than six months but not more than one year specifying the rights.
Terms and conditions of employment not lower than the minimum standards set by laws or regulations must also be followed before undergoing such arrangement. (Sunnex)