MATRIX OF SECURITY OF TENURE (SOT) BILLS AMENDING THE LABOR CODE

HB 3381 (MAKABAYAN) S.B. NO. 903 (HONTIVEROS) S. B. NO.806 (J. VILLANUEVA) HB 3367 (E. VILLANUEVA) DOLE
 ART. 106 ALL FORMS  ART. 106 CONTRACTING,  ART. 106  ART. 106 LOC BY JOB  ART. 106 “THE
OF WHERE A PERSON OR ENTITY LABOR-ONLY CONTRACTOR PERFORMANCE OR
CONTRACTUALIZATION FARMS OUT THE CONTRACTING IS (INTERMEDIARY/ PERSON) COMPLETION OF A SPECIFIC
AND FIXED TERM PERFORMANCE OF ITS PROHIBITED RECRUITS OR SUPPLIES JOB, WORK OR SERVICE
EMPLOYMENT ARE BUSINESS OR ANY PART , COMPLIANCE ORDERS WORKERS TO MAY BE CONTRACTED OUT
PROHIBITED, DIRECT THEREOF TO ANOTHER, IS AFFIRMED BY THE CONTRACTEE (EMPLOYER) EXCEPT FOR CORE
HIRING OF HEREBY STRICTLY SECRETARY OF LABOR REGARDLESS OF BUSINESS ACTIVITIES OR
CONTRACTUAL PROHIBITED EXCEPT AS AND EMPLOYMENT SUBSTANTIAL CAPITAL OR FUNCTIONS UNLESS IN
EMPLOYEES IS PROVIDED IN THE SHALL BE IMMEDIATELY INVESTMENT CASES OF SEASONAL AND
PROHIBITED, FOLLOWING: EXECUTORY UNLESS PROJECT WORK
EMPLOYEES IN A SECRETARY OF LABOR RESTRAINED BY AN  ART. 107 DOLE SECRETARY ARRANGEMENT.” “MERE
CONTRACTOR OR AND EMPLOYMENT MAY, APPROPRIATE COURT. CAN EITHER FINE LABOR- SUPPLY OR PLACEMENT OF
SUBCONTRACTOR BASED ON THE , THE SECRETARY OF ONLY CONTRACTOR PHP WORKERS DOES NOT
ENGAGED IN WORK UNANIMOUS LABOR AND 5,000,000 OR CLOSE THEIR CONSTITUTE
NECESSARY AND RECOMMENDATION OF EMPLOYMENT SHALL OPERATIONS , EXPANDED CONTRACTING.”
DESIRABLE TO THE THE NATIONAL IMPOSE A FINE OF UP PROVISION FOR LICENSING “THE SECRETARY OF LABOR
PRINCIPAL EMPLOYER TRIPARTITE INDUSTRIAL TO PHP5,000,000.00 OF JOB CONTRACTORS AND EMPLOYMENT SHALL
THEY SHALL BE PEACE COUNCIL (NTIPC) AGAINST ANY LABOR- AND RIGHTS OF IMPOSE A FINE OF NOT
DEEMED AS REGULAR UNDER ART. 290 (C) OF ONLY CONTRACTOR. EMPLOYEES OF JOB EXECEEDING
EMPLOYEES OF THE THE LABOR CODE, AS THE SECRETARY OF CONTRACTORS (PHP5,000,000.00) AND/OR
PRINCIPAL EMPLOYER, AMENDED, SHALL LABOR AND PREVENTIVELY OR
WORK DETERMINE BY EMPLOYMENT SHALL PERMANENTLY CLOSE THE
ARRANGEMENTS APPROPRIATE ALSO HAVE THE POWER  ART. 108 CONTRACTOR’S OPERATIONS OF ANY
DEEMED AS REGULATIONS SPECIFIC TO PREVENTIVELY OR BOND AND TRANSITION EMPLOYER OR
CONTRACTUALIZATION ACTIVITIES WHICH MAY PERMANENTLY CLOSE SUPPORT PROGRAM CONTRACTEE
BE CONTRACTED OUT. THE OPERATIONS OF
 ART. 107,108, AND 109 ANY LABOR-ONLY  ART.109 CONTRACTEE  ARTICLE 107.
ARE REPEALED  ART. 107. STRINGENT CONTRACTOR." AND CONTRATOR’S LICENSING OF JOB
CONDITIONS ON SOLIDARILY LIABILITY. CONTRACTORS. – IT SHALL
CONTRACTING  ART. 107 LICENSING OF JOB BE MANDATORY FOR ALL
 FINE OF PHP 1MILLION , IN NO CASE SHALL PRIVATE CONTRACTORS PERSONS OR ENTITIES
TO PHP 10 MILLION OR RECRUITMENT AND , IN NO CASE SHALL  ART. 294 SECURITY OF ACTING AS JOB
IMPRISONMENT OF PLACEMENT AGENCIES PRIVATE RECRUITMENT TENURE IRRESPECTIVE OF CONTRACTOR TO OBTAIN A
 NOT LESS THAN 6 (PRPA) OR PRIVATE AND PLACEMENT EMPLOYMENT STATUS OR LICENSE FROM THE DOLE,
MONTHS OR MORE EMPLOYMENT AGENCIES AGENCIES (PRPA) OR POSITION “IN NO CASE SHALL
THAN 3 YEARS, OR (PEA) UNDER ARTICLE 25 OF PRIVATE EMPLOYMENT PRIVATE RECRUITMENT
BOTH. THE LABOR CODE, AS AGENCIES (PEA) UNDER  ART. 295 ALL EMPLOYEES, AND PLACEMENT AGENCIES
AMENDED, BE ALLOWED TO ARTICLE 25 OF THE EXCEPT THOSE IN (PRPA) OR PRIVATE
 ART. 294 NO ENGAGE IN CONTRACTING. LABOR CODE, AS PROBATIONARY EMPLOYMENT AGENCIES
EMPLOYEE AMENDED, BE ALLOWED EMPLOYMENT, ARE (PEA) UNDER ARTICLE 25 OF
REGARDLESS OF  ARTICLES 108 OF THE LABOR TO ENGAGE IN JOB DEEMED REGULAR, THE LABOR CODE, AS
EMPLOYMENT STATUS CODE IS HEREBY DELETED. CONTRACTING AND/OR INCLUDING PROJECT AND AMENDED, BE ALLOWED TO
SHALL BE DISMISSED THE PROHIBITED LABOR- SEASONAL EMPLOYEES ENGAGE IN JOB
WITHOUT DUE  ART. 109. EVERY EMPLOYER ONLY CONTRACTING.”,
PROCESS… EVEN [OR INDIRECT EMPLOYER] CONTRACTING." THE TERMS AND
PENDING APPEAL, SHALL BE HELD SOLIDARILY  ART. 296 EXPANDED CONDITIONS OF
STRAINED RELATIONS RESPONSIBLE WITH ITS  ARTICLE 107-A. RIGHTS OF PROVISION OF EMPLOYMENT OF THE
MAKES THE EMPLOYER CONTRACTOR OR EMPLOYEES OF JOB PROBATIONARY EMPLOYEES OF JOB
LIABLE BACKWAGES SUBCONTRACTOR CONTRACTORS. THE TERMS EMPLOYMENT CONTRACTORS SHALL NOT
AND SEPARATION PAY AND CONDITIONS OF BE LOWER THAN THE
,EMPLOYER IS  ART. 294 SECURITY OF EMPLOYMENT OF THE  ART.297 AMENDED JUST MINIMUM STANDARDS SET
LIABLE FOR TENURE IRRESPECTIVE OF EMPLOYEES OF JOB CAUSES FOR BY LAW AND
NOMINAL EMPLOYMENT STATUS OR CONTRACTORS SHALL NOT TERMINATION INCLUDES REGULATIONS.”
DAMAGES IF POSITION BE LOWER THAN THE OTHER CAUSES EXPRESSLY
ILLEGAL DISMSSAL MINIMUM STANDARDS SET SPECIFIED IN COMPANY • ART. 108 CONTRACTOR’S
IS WITHOUT JUST  "ARTICLE 295. STATUS OF BY LAW AND REGULATIONS. RULES. BOND AND TRANSITION
OR AUTHORIZED EMPLOYMENT. - EXCEPT SUPPORT PROGRAM
CAUSE THOSE UNDER VALID  ART. 108 AND 108-A
WRITTEN PROBATIONARY CONTRACTOR’S BOND AND  ART.298 ON AUTHORIZED • ART.109 CONTRACTEE
 ART. 295 NO CONTRACTS, ALL EMPLOYEES TRANSITION SUPPORT CAUSES IS AMENDED AND CONTRATOR’S
EMPLOYMENT WITH A ARE DEEMED REGULAR, PROGRAM WITH A 1 MONTH SOLIDARILY LIABILITY.
FIXED TERM OR INCLUDING PROJECT AND PRESCRIPTION PERIOD
DEFINITE PERIOD SHALL SEASONAL EMPLOYEES, AND  ART. 109. [EMPLOYER OR • ART. 294 SECURITY OF
BE ALLOWED EXCEPT IN SHALL, IN CASE OF RANK- INDIRECT EMPLOYER] TENURE IRRESPECTIVE OF
CASES OF OVERSEAS AND-FILE OR SUPERVISORS, CONTRACTEE SHALL BE EMPLOYMENT STATUS OR
FILIPINO WORKERS, BE TREATED AS PART OF THE HELD [RESPONSIBLE] POSITION
RELIEVERS AND APPROPRIATE BARGAINING SOLIDARILY LIABLE WITH
PROJECT AND UNIT [HIS] THE JOB CONTRACTOR  “ARTICLE 296. STATUS OF
SEASONAL EMPLOYEES [OR SUBCONTRACTOR] EMPLOYMENT. - THE
,ALL OTHER FORMS  ART. 296 EXCEPT WHEN THE PROVISIONS OF WRITTEN
OF TERMINATION IS FOR JUST  ART. 294 SECURITY OF OR ORAL AGREEMENTS TO
 DISCOUNTINUOUS CAUSE, A PROBATIONARY TENURE IRRESPECTIVE OF THE CONTRARY
EMPLOYMENT ARE EMPLOYEE WHO HAS EMPLOYMENT STATUS OR NOTWITHSTANDING, ALL
PROHIBITED RENDERED AT LEAST ONE (1) POSITION… “THE EMPLOYEES, EXCEPT THOSE
MONTH OF SERVICE IS EMPLOYER SHALL HAVE THE UNDER PROBATIONARY,
 ART. 295-A EXISTENCE ENTITLED TO A BURDEN OF PROVING THAT SEASONAL OR PROJECT
OF EMPLOYER- TERMINATION PAY OF ONE- THE TERMINATION IS WITH EMPLOYMENT, SHALL BE
EMPLOYEE HALF (1/2) MONTH SALARY." CAUSE AND DUE PROCESS DEEMED REGULAR.
RELATIONSHIP IN
CONTRACTUALIZATION  "ARTICLE 303-A. VARIED  ART. 295 ALL EMPLOYEES,  FIXED-TERM EMPLOYMENT
PENALTIES EXCEPT THOSE IN SHALL NOT BE ALLOWED
 ART. 295-B ALL PROBATIONARY EXCEPT UNDER CETAIN
EMPLOYEES EXCEPT EMPLOYMENT, ARE CONDITIONS
THOSE UNDER DEEMED REGULAR,
PROBATIONARY INCLUDING PROJECT AND  ART. 296. The services of
EMPLOYMENT , ARE SEASONAL EMPLOYEES [an] A PROBATIONARY
DEEMED REGULAR, employee [who has been
INCLUDING PROJECT  ART. 296 EXPANDED engaged on a probationary
AND SEASONAL PROVISION OF basis] may be terminated
EMPLOYEES PROBATIONARY for [a] just OR AUTHORIZED
EMPLOYMENT causes UNDER ARTICLES
297 [282] AND 298 [283] OF
 ART. 296  ART.297 AMENDED JUST THE LABOR CODE, AS
PROBATIONARY CAUSES FOR TERMINATION AMENDED
EMPLOYEES REFER TO INCLUDES OTHER CAUSES
THOSE EITHER IN EXPRESSLY SPECIFIED IN  “ARTICLE 298-A. PROOF OF
CONTINUOUS OR COMPANY RULES. AUTHORIZED CAUSE AND
BROKEN EMPLOYMENT PAYMENT OF SEPARTATION
PAY. – WITHIN THE
 ART.298 ON AUTHORIZED PRESCRIBED ONE (1)
CAUSES IS AMENDED WITH MONTH PERIOD
A 1 MONTH PRESCRIPTION
PERIOD