A promise kept does not mean a promise fulfilled.
The Labor Day in 2018 marks the day when President Duterte signed the executive order (EO) no. 51 that prohibits contractualizaton.
Section 2 of the EO prohibits contracting “when undertaken to circumvent the worker’s right to security of tenure, self-organization and collective bargaining, and peaceful concerted activities.
One of Duterte’s campaigns on the 2016 presidential election was to end contractualization and “endo” or end contract.
Endo “refers to a contractualization scheme that offers short-term and unprotected temporary work arrangements.”
Labor groups’ stand on the EO
However, did this EO fulfil the promise to end contractualization?
Anakbayan Metro Baguio said in a statement that “Pangako niyang wawakasayan ang koontraktwalisasyon ngunit bagkus na tuldukan ito’s lalo lamang niyang pinasahol ang kalagayan ng mga manggagawa.”
“Tuluyang tinalikuran ni Duterte ang pangakong tutugunan ang matagal nang panawagan ng mga manggagawa na itigil ang anumang iskema ng kontraktwalisasyon,” the organization added.
Sen. Joel Villanueva, chair of the Senate labor, employment and human resources development committee said that the President’s EO has no real bearing on existing labor policy.
Sentro ng mga Nagkakaisa at Progresibong Manggagawa agrees that the EO merely reiterated the current regulatory policy that has failed to prevent the spread of contractualization, an arrangement that offers workers no security of tenure
Anakpawis Representative Ariel Casilao said employers would still be able to circumvent the EO.
“He made workers believe that he would fight for our cause. But he fooled us. Just like in any relationship, it’s more painful when someone gives you false hopes,” he said.
Ferdinand Gaite, national president of Confederation for Unity, Advancement and Recognition of Government Employees (Courage), said Mr. Duterte’s stand was similar to that of capitalists.
“They’re making it appear that there are legal and illegal forms of contractualization. For us, there’s none,” Gaite said.
Labor groups wanted the government to have a policy that allows direct hiring of the employee the norm, and labor contracting an exception.
Duterte to Congress
Duterte now urged the Congress to pass the measure that would certify the security of tenure bill
Presidential Spokesperson Harry Roque argued that all forms of contractualization be stopped, a law must be passed.
“Hindi kakayanin ng ehekutibo ‘yan dahil walang ganyang kapangyarihan ang ating Presidente sa ating Saligang Batas,” he said in a press briefing in Malacanang.
Anakbayan Metro Baguio, however, said in a statement “tuluyang inabandona ni Duterte ang hinaing ng mga mangagagwa… sa kabila ng malinaw na kapangyarihang hawak ng ehekutibo upang tuluyang maipabasura ang kontraktwalisasyon.”
The organization said that more than 24.4 million workers nationwide are employed in different schemes of contractualization.
The question now is: what will the president do with the discontent of the labor groups with the signed EO and the Congress’ action regarding Duterte’s statement? / Natasha Morano
The Panorama 