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How to Avoid Illegal Contracting/Subcontracting and “Endo” Practices in your Company

September 19 @ 9:00 am - September 20 @ 5:00 pm

₱8000 – ₱10000

Overview:

Despite the issuance of the more stringent requirements under DOLE Department Order No. 174, many companies continue to have problems with their manpower provider. One of the main issues confronting a principal/employer is understanding what kind of jobs should be and not be contracted out to the contractor. Another issue to be cautious about is the extent of the liability of the principal/employer in relation to the acts of its contractor. Lastly, the principal/employer should know and comply with all the various requirements provided for by law.  In solving all the said foregoing issues, the principal/employer shall eliminate any doubt that he/she is engaged in the practice of illegal contracting/subcontracting or the so-called “endo”.

The first part of the program will discuss on how to avoid illegal contracting practices “ENDO”. This shall educate and equip participants on the basics of labor laws, particularly on employment relationship. Participants may use this information in determining the manpower planning strategies within their company. Thus, principals shall be able to determine illegal practices of contractors/subcontractors that would lead their company violate labor laws.

The second part of the program shall help participants design employment contracts specifically customized according to their industry. Participants shall also learn how to properly design and use service agreements.

 

Objectives:

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

    • Have a complete knowledge on employment strategies that shall prevent companies from violating labor laws;
    • Fully understand employment relation frameworks; and
    • Design employee contracts that may also be the basis for job offers.

 

Course Content:

A. Workers’ rights and management prerogatives

    • Overview of labor law
        • Fundamental principles
        • Sources of labor policy and regulations
        • Scope of labor relations
        • Workers’ rights and management prerogative
    • 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

B. 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 Articles 106-109 of the  Labor Code, DOLE Department Order No. 174 and Executive Order No. 51.  These laws and regulations constitute the basic legal framework on contracting/ subcontracting. Participants are also requested to bring sample contracts which may come handy during the discussions.

 

Target Participants (Maximum of 30 participants in the session):

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

 

Speaker:

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:

A 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:
September 19 @ 9:00 am
End:
September 20 @ 5:00 pm
Cost:
₱8000 – ₱10000
Event Categories:
,

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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Tickets

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