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Makabayan Bloc refiles Security of Tenure bill


The progressive Makabayan Bloc in the House of Representatives on Monday refiled what they called a "pro-worker" and "stronger" Security of Tenure Bill, just days after President Rodrigo Duterte vetoed its earlier version.

House Bill 3381 seeks to strengthen the workers' right to security of tenure by amending the Labor Code of the Philippines.

The measure prohibits all forms of contractualization and fixed term employment, as well as "job contracting" or the contracting out of work by a principal employer to a contractor, manpower agency, or similar entity.

At the same, direct hiring of contractual employees is likewise prohibited.

The bill also mandates that no employee will be dismissed without just cause or due process. Those who are illegally dismissed will be entitled to full backwages, accrued benefits and remunerations provided by law.

In the explanatory note of the bill, the Makabayan Bloc reiterated that labor contractualization "blatantly" violates the rights of workers to security of tenure. Many of them, they said, have already worked for about 12 years but were never regularized.

"Aside from having no security of tenure, contractual workers have no or lower benefits, no social insurance protection, no right to self-organization, no promotion opportunities, have higher withholding taxes, and,  become targets of discrimination at work," the bill read.

"In general, contractualization is aimed at pressing down workers' wages and  benefits  while  increasing more the capitalists' profits," it added.

Duterte, in explaining his veto, said there were not enough safeguards for the business sector in the Security of Tenure bill.

But the Makabayan Bloc said the vetoed measure was for the workers' security of tenure and not for "security of business."

"Contractualization persisted because present laws and regulations allowed job contracting and businesses were able to get around the prohibited labor-only contracting," they said.

"By allowing business to determine which work is up for contractualization, President Duterte is negating the Labor Code definition of regular work as 'desirable or necessary in the business or trade' and thus opens up all work and positions for contractualization," it added.

The progressive lawmakers said the State should protect and uphold the rights of the workers to decent and long-term employment.

"The challenge lies with Congress to uphold the people’s rights and interests by passing a law that will truly protect workers’ right to security of tenure, declare all forms of contractual employment as illegal and penalize those who will continue to carry out this anti-worker scheme," the bill read. —KBK, GMA News