Professional Documents
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Outline
Rules on Job Contracting
DO 174-17
DO 150-16
Labor Inspection
DO 183-17
AO 164-17
LA 06-17
EO 51
Pending Legislation
SB 1116
HB 6809
Job Contracting
Types
Principal and Individual Contractor
LOC
Contractor does not have substantial capital
or investments and the employees recruited
are performing activities which are directly
related to the main business of the
principal; or
Contractor does not exercise the right to
control over the performance of the work of
the employee.
DO 174-17
Service Agreement
Specific description of job or work, including
its term or duration
Place of work and terms and condition
governing contracting arrangement,
including amount of contracted job and
admin fee of 10%
Issuance of bond
DO 174-17
Solidary Liability
Failure to pay wages and other benefits
Principal as Direct Employer
LOC Finding
Violation of rights of contractor’s employees
and required contracts
DO 174-17
Principal
Produce copy of service agreement
Contractor
Produce service agreement and employment
contract
DO 174-17
Other Salient Points
Tripartite Implementation and Monitoring
Compliance
Financial Relief Program
Enrollment in DOLE Programs on Improving
Compliance with Labor Standards
Exemption of PCAB contractors
EO 51
DOLE Issuances
DO 183-17
AO 164-17
Article 128, LC
SOLE, duly authorized reps, including
labor regulations officers
Access to employer’s records and premises
at any time of day or night
Copy employer’s records
Question any employee
Investigate any fact, condition or matter
necessary to determine violations or aid in
the enforcement of the LC
Issue compliance orders based on findings
of labor and employment officers
Article 128, LC
Compliance Orders of authorized rep
may be appealed to the SOLE
Appeal must be perfected by posting cash or
surety bond
Work stoppage or suspension of
operations
Unlawful to obstruct, impede, delay or
otherwise render ineffective the
compliance orders
TRO or injunction prohibited.
DO 183-17
Modes of Implementation
Routine Inspection
Complaint Inspection
Occupational Safety and Health Standards
Investigation
Special Inspection Team
Group of labor inspectors
Reps from Regional Office, BWC, OSHC
Other DOLE agencies
DO 183-17
Officials Involved
Labor Law Compliance Officers (LLCO)
ER rep
Owner, president, vice president, manager or
other managerial employees
EE rep
Organized: union rep
Unorganized:
Rep from LMC, Compliance Committee, Safety and
Health Committee and Family Welfare Committee
In their absence, any rank and file ee present
Deputized representatives under AO 164-17
AO 164-17
Deputized reps are members of:
Legitimate Labor Organizations
Legitimate Workers Association
Chartered Local
National Union or Federation
Accredited Integrated Professional
Organizations/Accredited Professional
Organization
Non-Government Organization
Employer’s Organization
AO 164-17
Basic Qualifications for Deputized reps:
At least 18 years of age
High school graduate
No pending criminal, civil or administrative
cases
Member in good standing of participating
organization for two (2) years
Completed and passed training
requirements of DOLE
AO 164-17
SOLE shall issue General Authority to
Assess to qualified members
RD issue Authority to Assess to qualified
members on a per establishment basis
Authority to Assess may be revoked
after a finding of:
Threat or coercion of workers
Other ground prejudicial to public service
Routine Inspection
1st Step: RD issues Authority to Inspect
Presented by LLCO at establishment
Selection
Hiring
Selection by Principal
Training
Without presence of Principal
Separate and distinct place
Disciplinary action
Code of Conduct
Replacement of Erring Employees
Payment of Wages
Payslips
Tools, Equipments,
Machineries
Substantial Capital or Investment
PHP5 Million
Use of own tools, equipment and
machineries in performing the work
Contractor owns tools, equipment,
machineries
Sale
Lease
Work Not Directly Related
Work Traditionally Contracted Out
Security Guards
Maintenance
Usually necessary and desirable
Primary Purpose of Articles of
Incorporation
Badge of regularity
Repeated hiring of employees under
contract of short duration
Work Not Directly Related
Badge of regularity
Perform functions currently being
performed by regular employees of
principal
Perform other functions apart from the
work stipulated in employment contract
EO 51:
SOLE, in consultation with National
Tripartite Council may declare activities
which may be contracted out.
Distinct and Independent
Business
Office
Duly registered and licensed with
regulatory agencies
Conducts business
Number of clients
No derogatory record as regards
officers, owners, principal
stockholders
Distinct and Independent
Business
In house agency or cooperative
Owned, managed or controlled directly
or indirectly by principal
Principal or any of its officers
owns/represents any equity or interest
and agency operates solely or mainly
for the principal
DOLE Registration
No LOC presumption if registered
If work outside DOLE Regional Office
which issued registration
Secure certified true copy of registration
and present at other DOLE Regional
Office
Subsequent registration to correct
earlier non-registration not allowed
Validity of registration: 2 years
DOLE Registration
Renewal
30 days before expiration
Renewal Fee: Php100,000.00
Semi-Annual Reporting
List of contracts
Number of workers
Proof of payment of SSS, Pag-ibig,
PhilHealth, ECC and taxes
Certified list of all cases filed against the
contractor
Contracts
With Employee
Specific description of job or work
Place of work and terms and conditions
of employment
Inform employee of the stipulations on
or before the first day of employment
Failure to comply
Ground for Cancellation
Contracts
With Principal
Specific description of job or work,
including its term or duration
Place of work and terms and condition
governing contracting arrangement,
including amount of contracted job and
admin fee of 10%
Issuance of bond
Failure to Comply
Ground for Cancellation
Employment
Rights of Employees
Safe and healthful working conditions
Labor standards
Retirement benefits
Separation pay
Social security and welfare benefits
Self-organization, collective
bargaining and peaceful concerted
activities including right to strike
Employment
Failure to Comply
Ground for Cancellation
Expiration of Service Agreement
Not a ground for dismissal
Employee may wait for re-employment
within 3 months
If not deployed within 3 months,
payment of separation benefits
Pending Legislation