Employees have better access to speedy justice during SENA

Enployees especially barely scraping by needs speedy closure to their labor problems.

Usually their claims are simple money claims like payment below minimum wage.

Under the Single Entry Approach, enployees can get their employers on thr table and air their grievances and claim what is due them.

Of course, this proceeding is just summary and works towards amicable settlement.

Nobody not even the hearing officer can coerce the parties to settle. But for claims that are rightfully due and not so substantial, SENA might just give employees speedy justice.

This is not to mention helping to clog the labor arbiters’ dockets.

IN THE NEWS: DOLE orders PLDT to Regularize Workers

In this news, it seems DOLE has already issued a Decision to regularize workers under a labor-only contracting arrangement. PLDT filed a motion for reconsideration which was denied by PLDT. The decision and resolution has become final and executory.

Labor-only contracting is a prohibited arrangement whereby the contractor merely supplies workers to its clients.

Continue reading “IN THE NEWS: DOLE orders PLDT to Regularize Workers”

What is probationary employment?

Probationary employment is a tentative kind of employment which does not exceed 6 months. During this period, the employer determines whether the employee is qualified for permanent employment.

The important thing to remember in probationary employment is that the employee must be apprised of the reasonable standards to qualify for permanent status at the time of hiring.

If the employee has not been apprised of the reasonable standards at the time of hiring, he is considered regular employee from day 1.

Business Mirror: “Duterte’s order vs ‘endo’ wreaks havoc in ecozones”

In this June 20, 2018 news article, Pres. Duterte’s battle against Endo has reached the economic zones. The employer association hit back by saying that there is ambiguity in the executive order that will result to misinterpretation by the different DOLE Regional Directors.

In our government system, the President enforces and implements the laws while Congress and Senate make the laws. The Judiciary is the one who interprets the law.

Continue reading “Business Mirror: “Duterte’s order vs ‘endo’ wreaks havoc in ecozones””

Endo Bill will stop labor-only contracting?

News from Inquirer.net website:

The proposed Senate bill on labor contracting is intended to protect against abusive practices of employers and does not ban all kinds of contracting, according to Sen. Joel Villanueva, the measure’s main proponent.

Villanueva, who chairs the Senate’s labor committee, defended the bill from criticism from the Employers Confederation of the Philippines (Ecop) which said it had provisions that were “problematic and unconstitutional” and would abolish all forms of contracting, to the detriment of the business environment.

Sufficient capital

Ecop cites one of the provisions that prohibits labor-only contracting, in which the job contractor merely recruits or places workers to a contractee regardless of whether he or she has sufficient capital or investment, or the workers supplied are under the control and supervision of the contractee.

If this is present, the workers would be deemed regular employees of the contractee.

Villanueva said the bill banned labor-only contracting

If my memory serves me right, there is already a DOLE Department Order defining what is labor-only contracting and prohibiting such kind of arrangement. In cases before the labor tribunal, the DOLE Department Order is being applied in pertinent labor cases.

So, I think this bill is superfluous. What we need, probably, is employee awareness of their rights and more job opportunities.

Regularization of more than 7,300 PLDT Workers

According to the Philippine News Agency in this June 1, 2018 news article, more than 2,000 went to PLDT’s Human Resources Department in Mandaluyong City to claim their regularization status based on a writ of execution issued by the Department of Labor and Employment.

From what I can gather from the news article, there has already been a writ of execution directing PLDT to regularize its more than 7,300 contractual workers and that management and the company’s union would meet on how to the writ of execution will be implemented.

If there was already a writ of execution, and if the implementation of the DOLE Order becomes successful, it is a win for the contractual employees. They would now enjoy, among others, security of tenure, which means that they cannot be dismissed from employment without a valid or justifiable reason, whereas before, the employment of these workers would end upon the expiration of their contracts.

We will see how this government initiative to regularize contractual employees will turn out.