This document outlines new rules regarding contracting and subcontracting arrangements under the Labor Code. It increases the capitalization requirement for contractors to 5 million pesos and the registration fee to 100,000 pesos. It prohibits various practices meant to circumvent workers' security of tenure such as cabo systems, contracting out work through in-house agencies, and requiring resignation letters as a precondition for employment. Failure to register as a contractor with DOLE will result in a presumption of illegal labor-only contracting.
This document outlines new rules regarding contracting and subcontracting arrangements under the Labor Code. It increases the capitalization requirement for contractors to 5 million pesos and the registration fee to 100,000 pesos. It prohibits various practices meant to circumvent workers' security of tenure such as cabo systems, contracting out work through in-house agencies, and requiring resignation letters as a precondition for employment. Failure to register as a contractor with DOLE will result in a presumption of illegal labor-only contracting.
This document outlines new rules regarding contracting and subcontracting arrangements under the Labor Code. It increases the capitalization requirement for contractors to 5 million pesos and the registration fee to 100,000 pesos. It prohibits various practices meant to circumvent workers' security of tenure such as cabo systems, contracting out work through in-house agencies, and requiring resignation letters as a precondition for employment. Failure to register as a contractor with DOLE will result in a presumption of illegal labor-only contracting.
OSH Consultant EFFECTIVITY Date of Issuance 15 March 2017 COVERAGE All parties of contracting and subcontracting arrangements where employer-employee relationship exists Applicable particularly in the service industry. WHAT IS CONTRACTING? “Contracting” or “subcontracting”
An arrangement whereby a principal agrees
to put out with a contractor the performance of a specific job or service within a definite or predetermined period Requirements 1. Capitalization – 5 M (Previously under DO 18-A = 3M)
2. Registration fee – 100,000.00
(Previously under DO 18-A = 25,000.00) Prohibitions 1. “Cabo” system – manpower supply only
2. Contracting out of work thru in-house agency
3. Contracting out of work thru in house cooperative
4. Contracting out of work by reason of strike
5. Contracting out of work performed by union
members
6. Requiring sub-con employees to perform work
being done by regular employees of principal Prohibitions 7. Requiring sub-con employees to sign antedated resignation letter, quit claim, blank payroll, etc. as a precondition to employment
8.Repeated hiring of the sub-con employees under
employment contract of short duration
9. Requiring employees to sign a contract fixing the
period of employment to a shorter term than the service agreement
10. Other practices to designed to circumvent the
right of workers to security of tenure. Effect of Nonregistration with DOLE It is mandatory for all persons or entities, including cooperatives, acting as contractors, to register with the DOLE Regional Office where it principally operates.
Failure to register shall give rise to the
presumption that the contractor is engaged in labor-only contracting.