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8) Provides
a
summary
proceedings
for
the
cancella5on
of
cer5ficate
of
registra5on
in
case
of
violaAon
of
the
Rules.
9) Reiterates
the
right
to
security
of
tenure
of
the
contractor’s
employees
and
clearly
set-‐out
the
“due
process”
requirement
in
terminaAon
of
employment
to
remove
the
liAgiousness
in
the
process.
10) Ensures
compliance
by
clarifying
that
the
principal
and
subcontractor
is
subject
to
rouAne
inspecAon
regardless
of
the
number
of
employees
and
provides
for
triparAte
engagement
in
the
region-‐based
triparAte
monitoring
team
in
the
implementaAon
of
DO
18-‐A,
Series
of
2011,
with
“opt-‐out”
provision
for
voluntary
compliance
through
TAV-‐KapaAran
and
IncenAvizing
Compliance
Program.
Required
substanAal
capital
is
clear…
Ø Minimum
capitalizaAon
requirement
of
at
least
P3Million
paid
up
capital
for
corporaAons,
cooperaAve,
partnership;
same
P3M
net
worth
for
sole
proprietorship
(SecAon
3[l])
Ø Tools,
equipment,
machineries
and
work
premises
are
separately
considered
from
the
paid
up
capital
requirement.
It
must
be
actually
and
directly
used
for
the
subcontracted
work
or
services.
Proof
of
ownership
or
lease
agreement
must
be
shown
with
photograph.
Subject
to
verificaAon
inspecAon.
Ø The
P3
Million
capitalizaAon
requirement
is
intended
to:
§ clarify
and
quanAfy
substanAal
capital,
which
has
been
the
source
of
liAgaAon
(the
amount
is
the
high-‐end
of
DTI
capitalizaAon
category
for
SMEs)
§ deter
fly-‐by
night
and
unscrupulous
contractors
from
engaging
in
subcontracAng
and
profiteering
through
underpayment
of
wages,
non-‐remi:ance
of
collected
SSS,
Philhealth,
or
PagIBIG
contribuAons,
non-‐payment
of
other
labor
standards
benefits
such
as
overAme
pay,
and
non-‐
observance
of
occupaAonal
health
and
safety
standards
resulAng
to
workplace
accidents
(to
protect
the
principal
or
user
enterprises
and
the
workers)
Approximately,
200,000
workers
under
2,624
registered
subcontractors
will
be
covered
(data
as
of
Oct.
2011)
It
also
covers
manpower
cooperaAves
or
cooperaAves
that
engage
in
subcontracAng
1. Requiring
an
employment
contract
and
Service
Agreement.
2. Prescribing
a
standard
form
for
Service
Agreement
(will
be
checked
through
seal
of
Good
Housekeeping)
3. SeZng
a
standard
administraAve
fee
of
at
least
ten
(10)
percent
to
prevent
the
“race
to
the
bo3om”
compeAAon
to
the
detriment
of
workers.
4. Inclusion
of
cooperaAves
to
observe
the
regulaAons
on
subcontracAng
and
the
required
registraAon
with
DOLE
Regional
Offices
to
ensure
their
compliance
to
labor
standards
and
regulaAons.
5. Validity
of
registraAon
is
limited
to
the
region
where
it
is
registered.
In
case
of
Service
Agreement
outside
the
region
where
registered,
the
subcon
should
submit
a
DOLE
cerAfied
copy
of
its
registraAon
to
the
region
where
it
seeks
to
operate
for
registraAon
&
monitoring
purposes.
6. Development
of
co-‐regulaAon
schemes
with
the
triparAte
stakeholders.
7. ProhibiAon
of
repeated
hiring
of
employees
under
an
employment
contract
of
short
duraAon
(5-‐month
employment
contract)
or
under
a
Service
Agreement
of
short
duraAon
with
the
same
or
different
contractors.
8. Underscoring
observance
of
security
of
tenure
by
requiring
compliance
with
the
clear
standards
of
due
process
in
terminaAon
cases.
YES.
Ø A
subcontractor
directly
undertakes
a
specific
job
or
service
for
a
principal,
and
for
this
purpose,
employs
its
own
workers.
c) The
contractor
does
not
exercise
the
right
to
control
over
the
performance
of
the
work
of
the
employees.
The
basis
in
prohibiAng
labor-‐only
contracAng
are:
Ø The
ConsAtuAon,
which
mandates
that
the
State
shall
protect
labor
and
promote
its
welfare,
and
shall
guarantee
basic
labor
rights
including
just
and
humane
terms
and
condiAons
of
employment
and
the
right
to
self-‐
organizaAon.
Ø ArAcle
106
of
the
Labor
Code,
which
allows
the
Secretary
of
Labor
to
disAnguish
between
labor-‐only
contracAng
and
job
contracAng
to
prevent
any
violaAon
or
circumvenAon
of
the
Labor
Code.
1. The
subcontractor
will
be
treated
as
the
agent
of
the
principal.
Since
the
act
of
an
agent
is
the
act
of
the
principal,
representaAons
made
by
the
subcontractor
to
the
employees
will
bind
the
principal.
2. The
principal
will
become
the
employer
as
if
it
directly
employed
the
workers
engaged
to
undertake
the
subcontracted
job
or
service.
It
will
be
responsible
to
them
for
all
their
enAtlements
and
benefits
under
the
labor
laws.
3. The
principal
and
the
subcontractor
will
be
solidarily
treated
as
the
employer.
4. The
employees
will
become
employees
of
the
principal,
subject
to
the
classificaAons
of
employees
under
ArAcle
280
of
the
Labor
Code.
NO.
Ø Under
ArAcle
106
of
the
Labor
Code,
a
principal
has
two
types
of
liability
in
relaAon
to
the
employees
of
the
subcontractor.
The
first
type
of
liability
is
limited,
and
is
governed
by
the
first
two
paragraphs
of
ArAcle
106.
Thus,
mere
inability
of
the
subcontractor
to
pay
wages
will
not
automaAcally
make
the
principal
the
direct
employer.
It
will
only
make
the
principal
jointly
and
severally
liable
with
the
subcontractor
for
payment
of
the
employees'
wages
to
the
extent
of
the
work
performed
under
the
contract.
Ø The
second
type
of
liability,
which
arises
from
the
third
and
fourth
paragraphs
of
ArAcle
106,
is
absolute
and
direct.
This
liability
arises
when
there
is
labor-‐only
contracAng
as
defined
in
SecAon
6
of
the
new
DO.
In
such
cases,
the
principal
shall
be
responsible
to
the
workers
in
the
same
manner
and
extent
as
if
it
directly
employed
these
workers.
YES.
Ø Sec%on
7(A)[7]
makes
subcontracAng
a
prohibited
acAvity
when
it
is
done
through
repeated
hiring
of
workers
for
a
5
to
6
months
employment
contract
under
the
same
employer
or
Service
Agreement
of
the
same
duraAon
Ø In
case
of
violaAon,
the
Contractor’s
CerAficate
of
RegistraAon
can
be
cancelled,
a\er
due
process,
and
the
worker
becomes
regular
employee
of
the
principal,
and
all
benefits
due
to
him/her
shall
be
the
liability
of
the
principal.
The
“5-‐5-‐5”
or
“endo”
workers
refers
to
the
hiring
pracAce
that
is
deliberately
resorted
to
prevent
workers
from
acquiring
regular
status
by
reason
of
length
of
service
of
at
least
6
months
and
one
day.
Under
a
subcontracAng
arrangement,
this
is
done
through:
(a)
repeated
short-‐term
arrangements
(e.g.,
“5
months,
5
months”,
“5-‐5-‐5”,
or
less)
by
one
principal
through
the
same
contractor,
or
under
different
contractors,
or
(b)
repeated
short-‐term
arrangements
(e.g.,
“5
months,
5
months”,
“5-‐5-‐5”,
or
less)
through
a
Service
Agreement
of
short
duraAon
under
the
same
contractor,
or
different
contractors.
Jurisprudence
of
repeated
hiring
is
well-‐se:led.
Repeated
hiring
of
the
same
workers
shows
that
he/she
is
performing
funcAons
that
is
usual
and
necessary
to
the
trade
or
business
of
the
employer.
On
the
other
hand,
the
5-‐5-‐5
working
arrangement
that
is
not
repeated
has
been
declared
by
the
SC
in
the
Purefoods
Case
in
General
Santos,
as
in
violaAon
of
public
policy
as
it
has
been
shown
to
have
been
resorted
to
prevent
regular
employment.
The
new
DO
has
provided
ample
safeguards.
Ø Sec%on
8
provides
that
all
contractor’s
employees
are
enAtled
to
all
the
rights
and
privileges
provided
in
the
Labor
Code,
and
set
out
in
subparagraph
(e)
the
right
to
self-‐organizaAon,
collecAve
bargaining
and
peaceful
concerted
acAviAes
Ø Sec%on
7,
subcontracAng
is
prohibited
acAvity
when
it
results
to:
(1)
the
terminaAon
or
reducAon
of
regular
employees
and
reducAon
of
work
hours
or
reducAon
or
spliZng
of
the
bargaining
unit
as
provided
in
SecAon
7(A)[1]);
and
(2)
unfair
labor
pracAce
(interfere
with,
restrain
or
coerce
employees
in
the
exercise
of
their
rights
to
self-‐organizaAon
as
provided
in
ArAcle
248
(c)
of
the
Labor
Code,
as
amended)
as
provided
in
SecAon
7(A)[6].
The
new
DO
has
improved
on
the
exis%ng
enforcement
and
compliance
mechanism.
Ø Engagement
of
the
triparAte
partners
in
region-‐based
triparAte
monitoring
team
on
the
observance
of
labor
standards
in
contracAng
and
subcontracAng
arrangement
Ø Conduct
of
rouAne
inspecAon
regardless
of
the
number
of
employees
engaged
by
the
principal
or
by
the
contractor,
excepted
from
the
coverage
of
LSEF
The
new
DO
also
provides
for
an
“opt-‐out”
enforcement
and
compliance
scheme.
Ø Sec%on
35,
the
principal
and
subcontractors
may
opt
to
enroll
and
parAcipate
in
DOLE
programs
on
improving
compliance
with
labor
standards
and
OSH
such
as
the
KapaAran-‐WISE-‐TAV
Program
and
IncenAvizing
Compliance
Program
(ICP)
YES.
NO.
Ø There
is
a
period
of
compliance
because
the
effecAvity
of
the
CerAficates
of
RegistraAon
acquired
under
DO
18,
s.
2002,
which
has
a
life
of
3
years,
shall
be
respected
unAl
its
expiraAon.
This
is
due
to
the
ConsAtuAonal
principle
against
impairment
of
contract.
Ø SecAon
38
of
DO18-‐A
provides
that
rights
or
benefits
being
enjoyed
by
the
parAes
to
exisAng
contracAng
and
subcontracAng
arrangements
shall
not
be
impaired.
Ø Contracts
referred
to
are
those
contracts
executed
and
already
being
implemented
before
the
effecAvity
of
DO18-‐A.
ObligaAons,
rights
and
benefits
of
parAes
to
any
subcontracAng
arrangement
prior
to
the
effecAvity
of
DO18-‐A
shall
not
be
diminished.
Ø Service
Agreements
entered
into
upon
the
effecAvity
of
DO18-‐A
(on
5
Dec.
2011)
and
onwards
will
have
to
observe
the
requirements
of
the
Rules
on
standard
contracts.
Ø DOLE
registry
of
subcontractors
that
was
established
under
DO
18,
s.
2002,
shall
be
respected
unAl
the
expiraAon
of
the
CerAficates
issued
in
accordance
thereto.
1) Minimum
capitalizaAon
requirement
of
at
least
P3
Million
fully
paid
up
capital
for
all
subcontractors
whether
corporaAon,
partnership
and
cooperaAve;
and
a
net
worth
of
at
least
P3
Million
for
single
proprietorship
2) Proof
of
ownership
or
lease
agreement
on
tools,
equipment,
machineries
and
work
premises
3) Payment
of
P25,000.00
registraAon
fee
4) Proof
of
financial
capacity
to
pay
the
wages
and
benefits
of
the
workers
in
every
service
contract
using
the
Net
Financial
ContracAng
Capacity
(NFCC)
formula
in
government
procurement
5) Control
over
the
performance
of
the
work
of
the
employee
deployed
or
assigned
to
render
the
contracted
work
or
services.
6) Not
engaged
in
labor-‐only
contracAng
arrangement
as
provided
in
SecAon
6
7) Not
engaged
in
prohibited
acAviAes
enumerated
in
SecAon
7
8) Observes
the
rights
of
the
workers
as
provided
in
SecAon
8
9) Observes
the
required
contracts
under
SecAon
9
10) Not
delisted
from
the
registry
of
legiAmate
contractor/
subcontractor
YES.
Ø CooperaAves
may
engage
in
subcontracAng
provided
they
comply
with
the
requirements
on
legiAmate
subcontracAng
under
DO
18-‐A.
What
is
prohibited
is
the
use
of
cooperaAves
to
circumvent
the
law,
and
such
pracAce
is
a
prohibited
acAvity
that
is
subject
to
the
same
sancAons
under
the
DO.
§ NO.
Job
Order
employees
directly
hired
by
the
government
are
receiving
above
the
minimum
standards
or
20%
more,
which
is
similar
to
the
casual
loading
concept
in
Australia.
Employees
of
janitorial
and
security
agencies
are
covered.
§ YES
cabo
system
is
covered
and
it
is
clearly
prohibited.
NO.
The
NCR
Broadcast
Industry
TriparAte
Council
have
a
dra\
guidelines
on
the
engagement
through
the
“talent
system”.
However
if
they
are
hired
through
a
third
party
or
there
is
a
middle
man
that
negoAates
and
deploy
them
to
the
network,
such
arrangement
may
fall
under
the
subcontracAng
arrangement.
Ø The
concept
of
“security
of
tenure”
is
hinged
on
an
employer’s
regulated
right
to
hire
and
fire
an
employee.
Ø The
Labor
Code
recognizes
opAons
to
terminate
the
employment
relaAonship
by
either
the
employer
or
the
employee.
TerminaAon
of
employment
at
the
iniAaAve
of
the
employer
must
be
due
to
just
or
authorized
causes
and
with
due
process.
The
two
facets
of
this
legal
provision
are:
(1)
the
legality
of
the
act
of
the
dismissal;
and
(2)
the
legality
in
the
manner
of
dismissal.
The
illegality
of
the
act
of
dismissal
consAtutes
discharge
without
just
or
authorized
cause;
while
illegality
in
the
manner
of
dismissal
is
dismissal
without
due
process
or
noAce
requirement.
(ArAcles
282,
283
and
284
of
the
Labor
Code,
as
amended)
Ø A
contractual
employee
works
for
the
duraAon
of
the
Service
Agreement
between
the
principal
and
the
contractor,
unless
the
arrangement
is
divisible
into
phases
for
which
substanAally
different
skills
are
required
and
this
is
made
known
to
the
employee
at
the
Ame
of
engagement.
Ø A
contractor’s
employees,
whether
deployed
or
assigned
as
reliever,
seasonal,
week-‐ender,
temporary,
or
promo
jobbers,
are
enAtled
to
all
the
rights
and
privileges
as
provided
in
the
Labor
Code,
to
include:
(a)
safe
and
healthful
working
condiAons;
(b)
labor
standards
such
as
service
incenAve
leave,
rest
days,
overAme
pay,
holiday
pay,
13th
month
pay,
and
separaAon
pay
as
may
be
provided
in
the
Service
Agreement
or
under
the
Labor
Code;
(c)
reArement
benefits
under
the
SSS
or
reArement
plans
of
the
contractor,
if
there
are
any;
(d)
social
security
and
welfare
benefits;
(e)
self-‐organizaAon,
collecAve
bargaining
and
peaceful
concerted
acAviAes;
and
(f)
security
of
tenure.
§ YES.
Direct
contractual
workers
of
the
principal
are
enAtled
to
separaAon
benefits
if
so
provided
in
their
contracts.
§ YES.
Direct
contractual
workers
of
the
principal
are
enAtled
to
reArement
benefits
under
the
SSS
scheme
unless
the
employer
has
a
be:er
reArement
package.
YES.
For
one,
the
expiraAon
of
the
employment
engagement
in
contractual
arrangement
is
predetermined.
Wage
rates
and
“top
of”
benefits
are
different
as
regular
employees
observed
the
company
pay
scale
while
contractual
engagement
may
or
may
not
be
based
on
the
company
pay
scale.
However
it
should
not
be
below
the
minimum
standards.
Ø In
opAons
afforded
to
allow
the
ER-‐EE
to
determine
by
themselves,
in
a
“firm-‐level
approach”
through
collecAve
bargaining
agreement
negoAaAon,
or
“industry-‐level
approach”
through
Voluntary
Code
of
Good
PracAces,
funcAons
that
can
or
cannot
be
subcontracted.
They
can
file
a
complaint
for
cancellaAon
of
the
contractor’s
registraAon
before
the
DOLE
Regional
Office.
DO18-‐A
provides
for:
Ø Grounds
for
cancellaAon
of
contractor’s
cerAficate
of
registraAon
Ø Summary
procedure
and
periods
for
cancellaAon
of
cerAficate
of
registraAon.
Ø Requires
the
principal,
as
the
indirect
employer
or
the
user
of
the
services
of
the
contractor,
to
observe
the
provisions
of
the
Rules.
5
December
2011
(15
days
a\er
its
publicaAon
in
the
Philippine
Star
on
19
November
2011)
Now,
we
buckle
down
to
work…
For
your
quesAons,
the
Q&A
can
be
accessed
in
DOLE
CARAGA…
THANK
YOU.