"ENDO", end contractualization or not? / Gammycel S. Sarausad-Cornel.
Material type:
TextPublisher: Cebu City : University of Cebu , 2019Description: iii,105 pages leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Ending contractualization involves a complex interplay of the interests of labor and business. Although contractualization practices may affect the constitutionally guaranteed right of workers to enjoy security of tenure and may diminish the protection afforded to labor, the employer is likewise afforded the right to exercise its management prerogatives to regulate all aspects of employment , according to its own discretion and judgement for a reasonable return of its investments, with limitation set by law. This paper aims to determine whether or not contractualization should be ended given its legal and economic implications.
A qualitative method of research was applied. A semi-structured interview was done among twelve(12) randomly selected informants from the laborers, employer and DOLE/Legal Profession Sectors.
The results of this study revealed that contractualization should not be ended. Legally, the law allows legitimate forms of contracting, provided the parameters set by law to protect the welfare of the workers are complied with. Forcing the establishments to hire regular employees to perform non-core business functions would be tantamount to depriving them of their right to property without due process of law. An amendment of Article 106 of the Labor Code, incorporating Section 5,6 and 7 of D.O. 174-17 to avoid being questioned as ultra- vires and a recommendation to increase the current number of Labor Laws Compliance Officers of DOLE are proposed to closely monitor and strictly implement the applicable laws in order to add more teeth to the law.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
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Reserved (Law) | T C81en 2019 (Browse shelf) | Not for loan | 3UCBLL00008552 |
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Thesis (Degree in Juris Doctor)-- University of Cebu Banilad, 2019.
Includes references (leaves 89-91).
Summary: Ending contractualization involves a complex interplay of the interests of labor and business. Although contractualization practices may affect the constitutionally guaranteed right of workers to enjoy security of tenure and may diminish the protection afforded to labor, the employer is likewise afforded the right to exercise its management prerogatives to regulate all aspects of employment , according to its own discretion and judgement for a reasonable return of its investments, with limitation set by law. This paper aims to determine whether or not contractualization should be ended given its legal and economic implications.
A qualitative method of research was applied. A semi-structured interview was done among twelve(12) randomly selected informants from the laborers, employer and DOLE/Legal Profession Sectors.
The results of this study revealed that contractualization should not be ended. Legally, the law allows legitimate forms of contracting, provided the parameters set by law to protect the welfare of the workers are complied with. Forcing the establishments to hire regular employees to perform non-core business functions would be tantamount to depriving them of their right to property without due process of law. An amendment of Article 106 of the Labor Code, incorporating Section 5,6 and 7 of D.O. 174-17 to avoid being questioned as ultra- vires and a recommendation to increase the current number of Labor Laws Compliance Officers of DOLE are proposed to closely monitor and strictly implement the applicable laws in order to add more teeth to the law.
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