House OKs ‘security of tenure’ bill on final reading

The House of Representatives on Monday approved on third and final reading the measure seeking to strengthen the security of tenure of employees in the private sector.

Voting 199-7, the chamber approved House Bill 6908, or the proposed "Security of Tenure Act," which also addresses issues on labor-only contracting and "end of contract" (endo).

The bill prohibits contracting out of the same work contracted out by the employer.

At the same time, if the contractor fails to pay the wages, allowances and benefits of his employees, the employer will be jointly liable with the contractor to the employees to the extent of the work performed under the contract.

Article 294, "Security of Tenure" of the Labor Code of the Philippines is amended in order that in cases of regular employment, the employer will not terminate the services of an employee except for "just cause" or when authorized.

If illegal dismissal happens, the employee is entitled to immediate reinstatement even pending appeal and without loss of seniority rights and benefits.

Article 295, "Regular Employment" of the Labor Code is likewise amended defining a regular employee as one who has been hired for an indefinite period.

"No employment with a fixed term or definite period shall be allowed except in cases of overseas Filipinos workers, workers on probation, relievers who are temporary replacements or absent regular employees whose engagements shall not exceed six months, project employees, and seasonal workers," the bill read.

At the same time, relievers, project and seasonal employees will enjoy the rights of regular employees during their engagement, project or season, respectively.

The seven-member Makabayan Bloc, however, voted against the approval of the bill.

"Hindi po ang House Bill 6908 ang katuparan sa pagwakas ng mapagsamantalang kontraktwalisasyon sa ating bayan," Bayan Muna party-list Representative Carlos Zarate said in voting to the negative.

"Sa halip, ito ay puspos ng mga probisyong madaling paikutan ng mga negosyante at korporasyong sumisiil sa karapatan ng mga manggagawa at humuhuthot ng pinakamalaking tubo sa kanilang pinagpaguran," he added.

Anakpawis party-list Representative Ariel Casilao, meanwhile, said the bill is institutionalizing the practice of permissible job contracting.

"The bill is prone from circumvention and abuse. Thus ang malaganap na kontraktwalisasyon ay mangyayari at mangyayari pa din," he said. —KBK, GMA News