000			02500nam a22002657a 4500
003			OSt
005			20190716113127.0
008			190610b xxu||||| |||| 00| 0 eng d
040			_aUniversity of Cebu-Banilad _cUniversity of Cebu-Banilad
100			_aCornel-Sarausad, Gammycel S.
245			_a"ENDO", end contractualization or not? / _cGammycel S. Sarausad-Cornel.
260			_aCebu City : _bUniversity of Cebu , _c2019.
300			_aiii,105 pages leaves : _billustrations ;
336			_2rdacontent _atext
337			_2rdamedia _aunmediated
338			_2rdacarrier _avolume
501			_aThesis (Degree in Juris Doctor)-- University of Cebu Banilad, 2019.
504			_aIncludes references (leaves 89-91).
520			_aSummary: 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.
541			_xBaldomero Estenzo _yLaw _zLaw
546			_aEnglish
942			_2ddc _cTHE
998			_cjanine[new] _d06/10/2019
999			_c10238 _d10238