[ovs-dev] Job Contracting and Against Labor-only Contracting - Oct. 1

Jhie Tejada jhie.powermax at yahoo.com.ph
Wed Sep 2 11:39:13 UTC 2015 

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Part I. JOB CONTRACTING AND SUB-CONTRACTING

1. The Labor Code Provisions on Legitimate Job Contracting

2. The Law Against Labor-only Contracting

3. Four (4) Labor Code provisions enunciating the rules on
contractualization, to wit:

A.  Article 106 – Contractor or Subcontractor;
B.  Article 107 – Indirect Employer;
C.  Article 108 – Posting of Bond; and
D.  Article 109 – Solidary Liability.

4. The Framework of Trilateral Relationship in
Contracting/Sub-contracting

A. Parties to Trilateral Relationship

a. Principal
b. Contractor/Subcontractor (Agency)
c. Contractual Employer

5. Leading Labor Jurisprudence

a. The Manila Water Company Case (75501, 02 Oct.
2010)
b. The Lorenzo Shipping Case (186091, 15 Dec. 2010),
and
c. The Procter and Gamble Case
(1605606, 10 March 2010 and 20 June 2011)

6. CONCLUSIONS: Lessons Learned from the Law and the Cases

a. Labor Contracting Cases
b. Labor – Only Contracting In the Shipping
Industry
c. Two Indicators OD Labor Only Contracting
d. The Three (3) Indicators of Permissible or
Legitimate Job Contracting
e. The Law, Not the Will of the Parties, Determine
the Nature of
The Business
f. The Law Itself, Not the Language of the Contract,
Is Determinative of,
And Conclusive on the True Relationship of the
Parties

Part II. Department Order No. 18-A, Series of 2011

1. What is Contracting and Subcontracting?

2. What is new with DO 18-A, Series of 2011?

3. How much is the substantial capital or investment required to
become
legitimate subcontractor?

4. How many subcontractors will be covered by new issuance?

5. How many the new DO induced ethical and professionalization of
subcontracting?

6. Is there a difference between a Subcontractor and a Private
Recruitment and
Placement Agency (PRPA)?

7. In the employment of workers, is there a difference between an
ordinary employer-
employee relationship and subcontracting?

8. Is legitimate subcontracting different from Labor-only
contracting? How is Labor-
only contracting defined?

9. What is the basis of the state in prohibiting Labor-only
contracting? What is the
objective of prohibition?

10. What will be the effect of Labor-only contracting arrangement?

11. If a legitimate subcontractor cannot pay the wages of the
employees it engaged to
perform the job or service, will the principal automatically
become the
employers of such employees?

12. Is the hiring practice or repeated “5-5-5” or “ENDO”
workers covered by DO
18-A, S. 2011?

13. Will DO 18-A, S. 2011, be able to address the issue of declining
union membership
which has been attributed by labor groups to indirect employment
schemes such
as subcontracting?

14. Will it address the issue of violation of labor standards and
occupational health and
safety standards by the subcontractors?

15. Is the “OPT-OUT” enforcement and compliance scheme available
to
contracting/subcontracting in specific industries?

16. What will happen to the workers, either the regular employees who
are terminated
due to company’s resort to contracting/subcontracting or the
workers employed by
the subcontractor after the expiration of the Service Agreement?

17. Will the substantial capital of P3Million be immediately enforced
on existing
subcontractors? What is the effect of DO18-A on existing
registration and Service
Agreement?

18. What does non-impairment of existing contracts means and why is
this necessary?

19. What will happen to the registry of subcontractors established
under Department
Order No. 18, Series 2002?

20. How do we know whether the subcontractor is legitimate of not?

21. Is DO18-A applicable to manpower cooperative?

22. What is the extent of the security of tenure of a contractual
employee under a
subcontracting arrangement?

23. What are the rights of a contractual employee? Is there a
difference between a
regular employee and a contractual employee?

24. Is there a difference between a regular employee and a
contractual employee?

25. How is tripartite engagement operationalized in the determination
of functions
that can or cannot be subject of subcontracting?

26. What is the remedy of the workers against a subcontractor or
principal who
violate the provisions of DO 18-A?

27. When is the effectivity of DO18-A?

Atty. Josephus B. Jimenez

AB, LLB, CESDP, FPM

* 2014 President of People Management Association of the Philippines

* Former Undersecretary, Department of Labor and Employment

* Former Top Corporate Executive of Petron/PNOC, San Miguel Corp.,
and Pepsi Cola Products Phil. Inc.

* Former Professor of Law of UST, FEU, UE, etc.

* Former Member of Board of Trustees, St. Paul University, QC.,

* Former Labor Attache, Taichung, Taiwan, Malaysia and Kuwait

* Author, Law Professor, Bar Reviewer, Inspirational Speaker

* Former, OIC Executive Director, National Maritime Polytechnic

For More Details / Inquiry / Reservation, Please call us

Ms. Jhie  Tejada
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Tele Fax: 470-5542

or  Call/Text: 0921-7742347/  0906-4798186
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Date       :    October 1, 2015

Time      :    9:00am - 5:00pm

Venue    :    RCBC Plaza Makati

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ATTENTION TO MS. JHIE TEJADA:
Job Contracting and Against Labor-only Contracting
October 1, 2015 / 9:00 am - 5:00 pm / RCBC Plaza Makati

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Ms. Jhie  Tejada
Marketing  Officer

Tele Fax: 470-5542

or  Call/Text: 0921-7742347/  0906-4798186
Email: jhie.powermaxph at yahoo.com

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