Labor groups are seeing their hope for an end to contractualization—as what President Duterte committed on several occasions since the campaign period—dim by the day, especially with the Chief Executive opting to evade the labor issue in his State of the Nation Address (Sona) on Monday.
For Labor Secretary Silvestre H. Bello III, however, the President has already fulfilled his promise of ending “illegal contractualization”.
“What is left now is the issue on contractualization, because what the workers wanted is that there is total prohibition,” he said. “But we told them that it is not possible because there is a law that allows employers to get contractual workers,” he added. For example, he said, if an employer wanted to get a security guard for his company, he could hire one from a manpower agency. Also, if a company wanted to get janitors, it could hire from an agency. “We cannot tell employers to stop it because we have a law on that,” he added.
But the Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) and Kilusang Mayo Uno (KMU) disagree, which is why they were disappointed when Duterte did not mention in his second Sona how he intends to put an end to the practice of fixed-term employment. Moreover, theKMU said it is becoming obvious the President will not be able to junk contractualization under his six-year term.
“I don’t find any concrete and substantial commitment with regard to labor issues and other important issues of the masses. The President’s Sona is not for the common people,” KMU Chairman Elmer C. Labog told the BusinessMirror.
ALU-TUCP Spokesman Alan A. Tanjusay said they are still hoping for the issuance an executive order (EO) banning contractualization as a mode of employment. “Of course, [we still expect him to end contractualization], not only because ALU-TUCP wanted it, but, most important, because he promised it,” Tanjusay told the BusinessMirror.
However, Tanjusay said as much as ALU-TUCP wanted to give the Chief Executive time to resolve the labor issue, it wonders how long should workers wait for labor reforms to be enacted.
“We are willing to give him the time he said he would need in delivering the promises he made to the Filipino people, but how long are we going to wait? Until when will the workers have to hope in him?” Tanjusay added.
Duterte, during the campaign, vowed to outlaw contractualization—particularly the hiring practice known as endo—a promise that earned him the support of several labor groups. However, a year after and two Sona later, Duterte has yet to comply with the appeal of the labor movement for an EO scrapping contractualization.
What labor groups got, instead, was a department order issued in March by Labor Secretary Silvestre H. Bello III imposing tighter regulations on contractual arrangements. Labor groups and economists have since criticized Bello’s order, saying it was redundant with existing laws and it oversimplifies the labor market.
Striking while the iron is hot, labor groups demanded one after the other reforms under the Duterte administration, including a P184 across-the-board wage increase for Metro Manila-based workers, after getting the Chief Executive’s commitment to end contractualization.
Much to the labor groups’ dismay, however, Duterte made no mention of scrapping fixed-term employment and increasing wages in his second Sona. On top of this, Malacañang has yet to divulge any information on the status of the draft EO seeking to scrap contractualization submitted by ALU-TUCP on May 9.
But Bello insisted that there is no more endo (or end of contract), a term referring to the practice of employers to hire employees on repeated five-month contracts to go around the law requiring them to hire on a regular basis any employee who has worked for them for six months.
“Endo has stopped, because the President has already told employers and managers to stop,” Bello said, noting that “when the President said there would be no more contractualization, what he meant was that there would be no more illegal contractualization”.
He said they have corrected this practice in some big companies, such as in the country’s leading chain of supermalls, “where we asked the management to regularize their salesgirls, for instance, because the salesgirls are necessary workers in the malls”.
He said the SM Group has committed to comply, “but only gradually”, the same request made by leading food chains, citing the huge number of their workers.
Jollibee, for instance, has more than 50,000 workers “and has asked that they be allowed to gradually implement regularization”.
However, Bello admitted that there were still many shopping malls, department stores and food chains that continue to violate the law on contractualization.
So far, the labor department has monitored the regularization of 61,000 contractual workers in a span of one year, or since the President announced the end of the practice of endo. - By Elijah Felice Rosales With Manuel Cayon / Business Mirror
http://www.businessmirror.com.ph/workers-fear-endo-vow-now-on-the-back-burner/
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