Endo, pushed then quashed by Duterte

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By Rose de la Cruz

 

Among the many strong advocacy of then presidential aspirant Rodrigo Duterte (now on his third year as president) was to end the practice of contractualization, or commonly known as endo (for end of contract) and his fervent desire to stop the menace of drugs.  Both promises have not been met, and he even turned around on endo at his 4th State of the Nation Address.

 

But many, especially his critics, have predicted this turn around and were not at all surprised by his veto of the Endo bills pending in both chambers of Congress—and which have been lengthily deliberated and debated on by all sectors.

 

So, for those that worked hard to craft an endo bill—amid the fierce lobby against it by companies and employers—their efforts have gone to waste (including taxpayers’ money devoted on consultations and deliberating/holding public hearings on these measures).

 

The President may have voiced his objections to elitism, the oligarchy and all but in the end he has been lately protecting and coddling their interests as he had established deeper relations with many of them.

 

Clean Slate

 

At the lower house, Rep. Bernadette Herrera-Dy is asking her colleagues to “start with a clean slate and not just rewrite the contractualization parts of the Labor Code.”

 

As one of the authors in the House version of the vetoed 'anti-endo' bill, she is suggesting a different approach to addressing labor contractualization in the 18th Congress.

 

"We should start with a clean slate. I am for the repeal of all the provisions of the Labor Code on contractualization and their replacement with a separate law that abolishes the PD 442 contractualization provisions," Rep. Bernadette Herrera-Dy of Bagong Henerasyon Party-List said.

 

"We in Congress have to come up with another bill that directly addresses and overcomes the concerns of President Rodrigo Roa Duterte. I believe we need to approach the contractualization issue with a more effective strategy," she stressed.

 

She said "simply rewording those Labor Code provisions will not solve the problem."

 

Herrera-Dy wants an anti-endo bill that complies with International Labor Organization (ILO) conventions on contractual employment.

 

"ILO conventions are part of our country's laws when our Senate ratified them. I favor a definition of labor-only contracting that is much more limited than what the Labor Code now provides." she said.

 

"All the employees of subcontracting firms, labor-only service providers and job order service firms must be regular employees of those firms and providers - with all the compensation and benefits packages and compliant with anti-discrimination provisions required by national and local laws," she added.

 

Herrera-Dy said there should be limits on how large and medium-scale enterprises and contractors engage in direct hiring of contractual workers and secure the services of subcontractors, labor-only service providers, and job order service firms.

 

She wants the number of contractual employees involved in large and medium firm's contractual hiring "not to exceed 15 percent of their own workforce of regular rank-and-file employees and 10 percent of their supervisory and management workers."

 

She also said the compensation of the contractual employees "shall be determined by the "equal pay for equal work" and the compensation shall be augmented by a 20 percent premium intended for the contractual employees to be able to be covered with premiums of PhilHealth, SSS, PAG-IBIG, and work-related accident term insurance."

 

"The department of Labor and the Employees Compensation Commission must be given visitorial powers and those compliance inspection visits must be made at least once every quarter of every year for every company in the DOLE and ECC databases," Herrera-Dy said.

 

"The Philippine National Police and the elected local government officials at the provincial, city, municipal and barangay levels should be deputized by the DOLE as enforcers of the anti-endo law," she also said.