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Fundamentals of Legitimate Job Contracting and Employment Contracts

February 20 @ 9:00 am - February 21 @ 5:00 pm

₱8000 – ₱10000
Fundamentals of Legitimate Job Contracting and Employment Contracts flyer, speaker is Atty. Benedicto Ernesto R. Bitonio, Jr.

Program overview:

President Rodrigo Roa Duterte made a very strong pronouncement before assuming office, stating that “The moment I assume the Presidency, ‘contractualization’ will stop.  They have to stop it.”

On 15 March 2017, Department Order 174 (D.O. 174) was issued by the Department of Labor and Employment Secretary, Secretary Silvestre H. Bello III. Thereafter, the President issued Executive Order No. 51 (E.O. 51) on May 1, 2018, and later certified the Security of Tenure (SOT) bill as urgent.

Notably, D.O. 174 reiterates the prohibition against the practice of labor-only contracting and expands other illicit forms of employment arrangements. In the same line, the signing of E.O. 51 is a clear manifestation of President Duterte’s commitment to do away with the unlawful labor schemes. Particularly, E.O. 51 was signed to execute and implement existing laws, rules and regulations.

Today, labor cost continues to increase due to new government laws and regulations, particularly due to the TRAIN Law. This includes the yearly increase in workers’ wages and benefits, and supply and demand mismatch, among others.

It is important to emphasize that once an employer violated these laws and regulations, they can be meted out hefty fines by the government.

To avoid this problem, employers must know how to comply with new government policies. Another important thing that employers must do is to draft employment contracts correctly and properly. These contracts can serve as double-edged sword once they are not written correctly. Contents must be clear with no room for other interpretations. Lastly, an employer and employee relationship must be established.

ECOP designed a 2-day program to help companies avoid problems on employment. The program is divided into 2 parts. The first part of the program shall discuss the ways on how to avoid illegal contracting practices or “ENDO”. This shall educate participants on the fundamentals of labor laws, specific to employment relationships, that may be used in determining the manpower planning strategies within their company. Principals shall also be able to determine illegal practices of labor contractors that might hold their companies liable for engaging in the practice labor-only-contracting. The second part of the program will help participants design their own employment contracts and avoid pitfalls related thereto. Participants will also learn how to properly draft service agreements between the principal and the contractor.

 

Objectives:

At the end of the program participants will be able to:

  • Know what employment strategies that will avoid companies from committing illegal contracting violations;
  • Fully understand how employment relation framework works; and
  • Design employee contracts that will protect both employer and employee.

Course Content:

  1. Workers’ rights and management prerogatives
    1. Overview of labor law
      • Fundamental principles
      • Sources of labor policy and regulations
      • Scope of labor relations
      • Workers’ rights and management prerogative
    2. The employment relations framework (Employment relationships)
      • Who are the employers/employees?
      • Concept of four-fold test
      • Types of employment arrangements
        • Bilateral (employee-employer relationship)
        • Trilateral (contracting and subcontracting)
          • DOLE Department Order 174
          • Prohibited contacting and subcontracting / Labor-only contracting
        • Categories of employment
          • Regular employment
          • Fixed period employment
          • Project employment
          • Seasonal employment
        • Classification of employees
          • Managers
          • Supervisors
          • Rank-and-file
        • How to determine employee classification?
        • Determining employment violations in the supply chain
  2. Designing employment contracts
    • Designing employment contracts for job positions
      • According to employment arrangements
    • Reviewing contracts of subcontractors/manpower agencies
    • Pitfalls during job offers
      • Giving contract of adhesion (take-it-or-leave-it contracts)
    • Training bonds (training service agreements)

 

Methodology:

Before the start of the training, participants are encouraged to read Labor Code and DOLE Department Order 174. This will be used throughout the discussion. Participants also requested to bring sample contracts that will be used during the discussions.   Target Participants:

  • Company CEOs / Presidents
  • Principals
  • Contractors
  • HR practitioners
  • Owners of companies regardless of employment size
  • Manpower agencies
  • Employee relations managers, specialists

 

Subject matter expert:

ATTY. BENEDICTO ERNESTO R. BITONIO JR

Atty. Bitonio is a practicing lawyer, an independent consultant, and a professorial lecturer at the University of the Philippines. He is a subject matter expert on industrial relations, employment, labor law and regulation, public management, and development management and finance. He has done policy, management, legal and labor relations consulting in several national institutions and private companies in the Philippines including with the Employers Confederation of the Philippines, and in international organizations such as the International Labour Organization (ILO), the Asian Development Bank (ADB) and the ASEAN Trade Union Council. He has been a consultant on projects for strengthening industrial relations institutions in the Philippines, Cambodia, Vietnam and Indonesia. He has broad knowledge of international labour standards and of labour and employment relations and economic integration issues in South East Asia and the Pacific. He is frequently invited to speak in national and international forums and has published articles and papers on labour and industrial relations.

Prior to engaging in private practice and consultancy, Atty. Bitonio served the Philippine government for twenty years, including as director of labor relations, assistant secretary and undersecretary of the Department of Labor and Employment; chairman of the National Labor Relations Commission; and executive vice president and chief development officer of the Development Bank of the Philippines and chief executive officer of the Industrial Guarantee and Loan Fund. In various years, he was Philippine government adviser/delegate to the annual International Labour Conference (ILC) in Geneva, served as Philippine representative to the ILO Governing Body in 2004 to 2006, and chaired the Committee on Technical Cooperation in the ILC in 2006.

Atty. Bitonio obtained degrees in Bachelor of Arts and Bachelor of Laws from the University of the Philippines, and a Master in Public Management degree from the National University of Singapore (NUS) during which he was also an executive fellow at the Kennedy School of Government, Harvard University. He is currently based in Metro Manila, where he also lives with his wife and daughter.

 

Register today and avail our early bird discount:

10% discount will be given if payment is received 7 days before the course commences. Payment on-site and walk-in participants will pay the regular fee.

 

 

Details

Start:
February 20 @ 9:00 am
End:
February 21 @ 5:00 pm
Cost:
₱8000 – ₱10000
Event Category:

Organizer

ECOP Training
Phone:
500-9851
Email:
ecoptnd@gmail.com
Website:
ecop.org.ph

Venue

ECOP Boardroom
3F ECC Bldg. 355 Sen. Gil Puyat Ave.
Makati City, Metro Manila 1220 Philippines
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