Let us address contractualization to help our workers have a security of tenure.
Let us address contractualization to help our workers have a security of tenure.
The Issue
TO : Department of Labor and Employment Sec. Rosalinda Baldoz
SUBJECT : Security of Tenure for Factory Workers, Mall and Supermarket Sales Personnel and Others.
To all concerned:
It is an illegal act when companies hire workers on a uniformly fixed contract basis of 5 months and replace them upon the expiration of their contracts with other workers on the same employment duration and same job function.
In the case cited below, Purefoods lost and was required to PAY "...with full back wages computed from the time of dismissal up to the time of actual reinstatement, without deducting the earnings derived elsewhere pending the resolution of the case."
References:
- Inquirer.Net: SPECIAL REPORT Worker hired, fired every 5 months - Philippine Daily Inquirer May 1, 2014
- Inquirer.Net: Address contractualization, Aquino told - April 30th, 2013
"Former Akbayan party-list Rep. Risa Hontiveros and former Movie and Television Review and Classification Board chairperson Grace Poe urged President Auqino to address the issue of contractualization..."
- Supreme Court G.R. No. 122653. December 12, 1997 PURE FOODS CORPORATION, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, RODOLFO CORDOVA, VIOLETA CRUSIS, ET AL., respondents.
- DOLE Art. 279-281
Art. 281. Probationary employment.
Comment: Art. 281 shows that “Probationary employment shall not exceed six (6) months”, but big malls, supermarkets and factories go around this law by hiring employees for a period not exceeding five (5) months; "...a clear circumvention of the employees right to security of tenure and to other benefits like minimum wage, cost-of-living allowance, sick leave, holiday pay, and 13th month pay."; which was considered a “clandestine scheme employed by [the petitioner] to stifle [private respondents] right to security of tenure and should therefore be struck down and disregarded for being contrary to law, public policy, and morals. Hence, their dismissal on account of the expiration of their respective contracts was illegal."
Let us join hands to help our poor brothers and sisters.
God bless us all.
Mars Tagayun
The Issue
TO : Department of Labor and Employment Sec. Rosalinda Baldoz
SUBJECT : Security of Tenure for Factory Workers, Mall and Supermarket Sales Personnel and Others.
To all concerned:
It is an illegal act when companies hire workers on a uniformly fixed contract basis of 5 months and replace them upon the expiration of their contracts with other workers on the same employment duration and same job function.
In the case cited below, Purefoods lost and was required to PAY "...with full back wages computed from the time of dismissal up to the time of actual reinstatement, without deducting the earnings derived elsewhere pending the resolution of the case."
References:
- Inquirer.Net: SPECIAL REPORT Worker hired, fired every 5 months - Philippine Daily Inquirer May 1, 2014
- Inquirer.Net: Address contractualization, Aquino told - April 30th, 2013
"Former Akbayan party-list Rep. Risa Hontiveros and former Movie and Television Review and Classification Board chairperson Grace Poe urged President Auqino to address the issue of contractualization..."
- Supreme Court G.R. No. 122653. December 12, 1997 PURE FOODS CORPORATION, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, RODOLFO CORDOVA, VIOLETA CRUSIS, ET AL., respondents.
- DOLE Art. 279-281
Art. 281. Probationary employment.
Comment: Art. 281 shows that “Probationary employment shall not exceed six (6) months”, but big malls, supermarkets and factories go around this law by hiring employees for a period not exceeding five (5) months; "...a clear circumvention of the employees right to security of tenure and to other benefits like minimum wage, cost-of-living allowance, sick leave, holiday pay, and 13th month pay."; which was considered a “clandestine scheme employed by [the petitioner] to stifle [private respondents] right to security of tenure and should therefore be struck down and disregarded for being contrary to law, public policy, and morals. Hence, their dismissal on account of the expiration of their respective contracts was illegal."
Let us join hands to help our poor brothers and sisters.
God bless us all.
Mars Tagayun
Petition Closed
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The Decision Makers
Petition created on July 2, 2015