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DEPARTMENT ORDER NO.

174
Series of 2017

Rules Implementing Articles 106 to 109


of the Labor Code, as amended

CONSTANTE F. VILORIA, PME


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.

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