HOUSE Legislators on Monday re-filed the Security of Tenure bill which the President vetoed last month, this time seeking a ban on manpower agencies and other third parties that stand between the worker and employer.
The Makabayan bloc of the House of Representatives filed House Bill 3381, which seeks to repeal Article 106 of the Labor Code and prohibit all forms of contractualization and fixed-term employment.
The bill also prohibits job contracting, or the contracting out of a work by the principal employer to a contractor or a manpower agency.
Deputy Minority leader and Bayan Muna Rep. Carlos T. Zarate told reporters, “Dito sa version na ire-re-file namin, dito wawakasan ang mga uri ng kontraktwalisasyon at ibalik ang relasyon na direktang pag-hire at gawing regular ang mga manggagawa. Hindi na ito dadaan sa mga intermediaries, gaya ng agencies o ano pa mang third parties.” (the new bill ends all forms of contractualization and requires direct hiring of workers and a clear path to regular status, with no role for intermediaries, agencies or third parties).
The bill calls for fines of P1 million to P10 million, six months to three years of imprisonment, and possible cancellation of business permits for violators.
Ways and Means Committee chairperson and Albay Rep. Jese Ma. Clemente S. Salceda said that the bill in its current form is expected to cause job losses.
“From an economic perspective, the likelihood is baka bumaba ang employment (employment might fall). It will create job losses. Because employers lose their flexibility,” said Mr. Salceda in a chance interview.
He added, “Kapag may sale season tayo, bawal na sila mag-hire para lang magkaroon ka ng Christmas sales. Hindi sila pwede mag-hire, otherwise, hindi nila pwede tanggalin. (During Christmas shopping season it means retailers won’t be able to hire temporary workers. They’ll be reluctant to hire becuse they can’t easily shed the extra workers). Eh kahit tapos na ‘yung sale (even after the sale ends), you are stuck with the workers. If you are stuck with them, will you hire more?”
In his July 26 veto message to the Senate, President Rodrigo R. Duterte said that while he remains committed to protecting workers’ rights to security of tenure, the enrolled bill “unduly broadens” the scope of labor-only contracting, which is already banned by law. — Vince Angelo C. Ferreras
