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Subcontracting and Other Forms of Non-standard Employment Relationship

February 15, 2022 @ 9:00 am - 12:00 pm

|Recurring Event (See all)

One event on February 18, 2022 at 9:00 am

Program overview

Subcontracting has been the subject of debate and litigation since the enactment of the Labor Code in 1974. The source of the controversy is Article 106 of the law, which allows subcontracting but gives the DOLE Secretary the power to regulate, “restrict or prohibit the contracting out of labor to protect the rights of the workers under this Code.” In addition, the same article distinguishes between job contracting and labor-only contracting to determine who among the parties involved shall be considered the employer.

In an era where outsourcing is a worldwide trend, employers want more flexibility in hiring temporary workers to be labor-cost efficient. But, on the other hand, labor groups decry the “creeping casualization of the labor force,” which deprives workers of security of tenure, benefits, and unionization.

Department orders regulating contracting out of labor have undergone several amendments, the latest one of which is D.O. 178-17. Instead of clarifying the issue, jurisprudence adds more controversy on the matter. The program will help to participants to understand when job contracting – which is lawful – ends and when labor-only contracting begins.

Program objectives 

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

  • Appreciate the basic principles underlying the regulations on subcontracting;
  • Know the basic requirements in engaging the services of labor service contractors;
  • Distinguish between job contracting and labor-only contracting;
  • Plan their activities and practices to ensure compliance with the Labor Standards in outsourcing labor.
  • To be familiar with the other non-standard employment relationships

Program outline 

  1. Overview of the types of employees under the labor law
    • regular
    • probationary
    • casual
    • contractual
  2. The constitution and law on security of tenure
  3. Management’s prerogatives to outsource jobs
  4. The law on job contracting and its restriction
    • article 106 to 109
    • article 248 (c)
  5. The issue on workers’ cooperatives
    • the law on workers’ cooperative
    • legal personality of workers’ cooperative in job contracting
  6. Department of labor and employment orders and issuance
    • o. no. 174-s.17
  7. Non-standard employment relationships
    • fixed-term
    • part-time work
    • agency work
    • ambiguous and disguised employment relationships

Methodology

  • Lecture
  • Group discussions
  • Exercises

Duration and Program Schedule

February 15 and 18, 2022, 2-sessions, 9:00 – 12:00 NN

Facilitator 

ATTY. BENEDICTO ERNESTO R. BITONIO 

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.

Program Fees

Regular Price/Non-member Rate: PhP 4,000.00.00

All ECOP members are entitled to a member-rate discount using a coupon code. To get a code, kindly contact our Training Department at [email protected].

Important Notes

  1. The training slot is confirmed only upon receipt of payment. Only confirmed (paid) participants will be given access to the training.
  2. The registration fee must be paid not later than two (2) working days before the first session of the training.
  3. The speaker will make available learning materials that participants will use in this training program. It can be downloaded from our eCampus platform.
  4. The recorded video of the session will be uploaded in our eCampus platform after each training session.
  5. Participants will receive e-certificates after the training.

Deadline for Registration: February 5, 2022
Deadline for Payment: February 6, 2022

Click here to register

For more inquiries, you may contact us via ECOP Training and Development: [email protected]

Details

Date:
February 15, 2022
Time:
9:00 am - 12:00 pm

Venue

via ZOOM
Philippines

Organizer

ECOP Training
Phone:
7-500-9851
Email:
ecoptnd@gmail.com
View Organizer Website