MANILA - Most of Morris Guiregay’s job lasted only 5 months, so when the pandemic started, he was one of the first to be removed from the supermarket.
He finds it difficult to find a new job so he sells chicharon and balut first.
“A lot of requirements, you don’t have any requirements because there are still swab tests. It’s really hard to find a job now … It’s especially difficult now that I have 2 children, I have a one-year-old baby,” he sighed.
The “endo” or end of contract scheme in which workers are laid off even after the 6-month probationary period to avoid their regularization has long been a problem.
Others have counted years of work but remain contractual.
So last year, Congress passed the security of tenure bill but President Rodrigo Duterte did not sign it because it allegedly did not balance the interests of labor groups and businessmen.
After more than a year, a new version was passed by the House.
Under House Bill 7036, labor-only contracting is prohibited where a contractor is only an “agent” who does not have sufficient capital and control over the work of his supplied worker. The workers, on the other hand, are held by the agency but provide essential services to the principal employer’s business.
Despite this, the measure allows relievers, project employees and seasonal workers, as long as they have the same rights as regular employees.
If a legitimate contractor fails to pay workers’ wages and benefits, the principal employer is liable.
Those who violate the job contracting regulations will also be fined P30,000 to P5 million.
But according to the Employers Confederation of the Philippines (ECOP), it is no different from the version vetoed by the President. The timing is also said to be bad especially since the businesses are struggling with the pandemic.
Labor groups are also alarmed at the alleged railroading or rapid approval of the proposal.
“Security is called tenure but in essence workers are not guaranteed this bill. Even essential jobs are allowed to be contracted. It will be another torture for workers, and a great favor to the capitalists,” said Kilusang Mayo Uno chairperson Elmer Labog.
This is also the position of Defend Jobs Philippines.
The NAGKAISA group is also wondering why the House did not consult.
“We did not sit on it very much and we did not break down these provisions. The consultation would have been very important before it was approved, but they seemed to be in a hurry,” said Sonny Matula, chairperson of the NAGKAISA Labor Coalition.
Labor groups plan to appeal to the Senate and the House.
Employers, on the other hand, are learning to appeal to Duterte again.
–Report by Zen Hernandez, ABS-CBN News