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  1. Join Date
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    #1
    DOLE: Millions at risk if next president abolishes contractualization | mb.com.ph | Philippine News

    In a nutshell, there is legal 555 like in building condos, or temps. However, even in illegal 555s you have to ask: where is the meritocracy?

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  2. Join Date
    Nov 2009
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    #2
    Sa Government office pa lang.

    May contractual, may casual, may project based/job orders.

    You just can't regularize everyone since items/plantillas are limited.

    You just can't create new items since this should be DBM approved

    Another scenario some are not civil service eligible.

    Andame dyan tumanda na sa haba ng service hindi parin maipasa ang CSE kaya hindi sila mapermanent item.

    Sa private sector I don't know ano impact neto. Goodluck kay Henry Sy at Tan Caktiong.


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  3. Join Date
    Nov 2009
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    #3
    Quote Originally Posted by cast_no_shadow View Post
    Sa Government office pa lang.

    May contractual, may casual, may project based/job orders.

    You just can't regularize everyone since items/plantillas are limited.

    You just can't create new items since this should be DBM approved

    Another scenario some are not civil service eligible.

    Andame dyan tumanda na sa haba ng service hindi parin maipasa ang CSE kaya hindi sila mapermanent item.

    Sa private sector I don't know ano impact neto. Goodluck kay Henry Sy at Tan Caktiong.


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    Sa totoo lang hindi kailangan ng Contractual at Casual sa Government office. Ang mga regular ay enough na. Tamad lang ang mga regular at ayaw kumilos unfortunately hindi sila basta basta matanggal sa pwesto para palitan na mas masipag na empleyado.

    Galing ako sa government office at nakita ko kung pano kumilos ang may plantilya at ang mga contractual. Ang mga contractual ang gumagawa ng trabaho ng regular at ang mga empleyado na regular panay ang leave at kung saan saan napapadpad sa oras ng trabaho.

    You can not create new plantillas coz its not needed. Buti pa kung mga teacher ang gawan nila ng plantillas dahil kulang ang mga teacher talaga.

    Bakit ayaw nilang tanggalin ang contractual sa gobyerno? Kasi madami dyan ghost employee.

  4. Join Date
    Nov 2002
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    #4
    Quote Originally Posted by cast_no_shadow View Post
    Sa Government office pa lang.

    May contractual, may casual, may project based/job orders.

    You just can't regularize everyone since items/plantillas are limited.

    You just can't create new items since this should be DBM approved

    Another scenario some are not civil service eligible.

    Andame dyan tumanda na sa haba ng service hindi parin maipasa ang CSE kaya hindi sila mapermanent item.

    Sa private sector I don't know ano impact neto. Goodluck kay Henry Sy at Tan Caktiong.


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    agree.. gobyerno ang isa sa pinaka maraming contractuals (perhaps hindi 555.. pero contractuals pa din).. di pa kasama dyan yung kinukuha ng mga kawani ng gobyerno as their "assistants" para may nauutus utusan sila.. i think yung pambayad sa mga ganitong tao nakukuha nila sa mga "nakokolekta" nila.. common to sa mga agencies na talagang talamak ang bigayan...

    if you think about it.. government (nationald ang LGU ata) are also not covered by minimum wage law... although mayron silang salary standardization law... i'm not too sure kung all positions in government ay covered ng salary standardization...

    malamang pag naglabas ng batas yan against contractualization, exempted na naman gobyerno nyan..

  5. Join Date
    Nov 2002
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    #5
    personal opinion

    biggest issue from the side ng employer is yung control sa empleyado.. kung masunurin.. kung productive.. assuming properly trained, can work independently ... walang problema iregular .. tapos dapat continuous pa rin masunurin at productive yung empleyado kahit regular na sya...

    ang challenge on why employer will opt for contractualization.. is that mas marami na di hamak (although di ko pa rin nilalahat) yung empleyado na kailangan tutukan ng husto.. kasi pepetik.. hindi na susunod.. hindi na magiging productive...

    if government can legislate that as well na susundin ng lahat (employees as well as the agencies in the government tasked to enforce and adjudicate labor issues.. pati na rin Supreme Court).. then okay yan..

    pero kung hindi din kaya... mahirap talaga.. kailangan ibalance...

    if you look at countries abroad.. essentially contractualization din.. sa US.. sa UK.. that is the way kasi... marami sumusunod sa abroad.. pero mayroon din umaabuso...

    sa OFW... contract din laaht yun di ba.. nire renew din.. and yet.. pino promote pa ng gobyerno natin.. so pagpapadala sa abroad okay lang contractual... pero pag local company.. hindi din pwede? ganun?

    hindi lang employees sector ang kailangan ng tulong ng gobyerno...

    maging sa employer sector.. kailangan din ng suporta ng gobyerno..

  6. Join Date
    Jan 2003
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    #6
    Kahit sino pa manalo, i dont think mawawala ang contractualization. The candidates just made a knee jerk reaction dun sa nagtanong ( which looks like a young inexperienced individual ) kung ayaw nila maapektuhan ng "ENDO" then they should step up their game. Equip themselves with better skills. Make themselves better and worthy to get a better position. Sino ba dito ang hindi lumusot sa karayom para marating kung ano tayo ngayon....

  7. Join Date
    Nov 2009
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    173
    #7
    Ok lang ang contractual basta parehas ang benefits o patakaran sa Regular at pwede na nga tanggalin ang regular kung lahat pareparehas ang benefits pati rate at pati mga leave.

    Pagalingan nalang talaga ang labanan at palakasan ng SIP SIP kay boss o kay Supervisor.

  8. Join Date
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    #8
    How stupid of DOLE to press the alarm button. They should be the one to protect workers right yet they are the first to panic. Ineptitude at the highest for Baldoz, matandang inutil tulad ng amo. Baldoz, Department of Labor and Employment kayo hindi Employer.

  9. Join Date
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    #9
    Macsd: check the labor code bro. Project (condo, bridges, etc) and time (Brent doctrine) based employees are legal forms of contractialization.

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  10. Join Date
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    #10
    Quote Originally Posted by b_9904 View Post
    Macsd: check the labor code bro. Project (condo, bridges, etc) and time (Brent doctrine) based employees are legal forms of contractialization.

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    I am refering to contractual employment that is replenish by another contractual employment predominant in manufacturing, services sectors and the likes.

    Project base contractualization is legal.

  11. Join Date
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    #11
    Quote Originally Posted by macsd View Post
    I am refering to contractual employment that is replenish by another contractual employment predominant in manufacturing, services sectors and the likes.

    Project base contractualization is legal.
    Which is exactly the DOLEs position.

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  12. Join Date
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    #12
    Quote Originally Posted by b_9904 View Post
    Which is exactly the DOLEs position.

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    If DOLE is against contractual being replaced by contractual, why can't they not close the business that exercise such ? If they have done it a long time ago, this practice should have not proliferated. No one has been penalized that's the reason it has become a norm and abused.

  13. Join Date
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    #13
    Quote Originally Posted by macsd View Post
    If DOLE is against contractual being replaced by contractual, why can't they not close the business that exercise such ? If they have done it a long time ago, this practice should have not proliferated. No one has been penalized that's the reason it has become a norm and abused.
    Actually, it is the NLRC that has the juris to enforce that part of the labor law.

    Re: DOLE they have teeth and stuff but... imma not that into labor law so I wont bother looking up their dole directives to check whether SM, et al violates the law.

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  14. Join Date
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    #14
    Cast mo shadow: tawag dyan ay barrier to entry lol

    Sa private at in re: SM. Ever got frustrated na hindi marunong yung sales lady na kausap mo?

    There is your answer perhaps.

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  15. Join Date
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    #15
    Quote Originally Posted by b_9904 View Post
    Cast mo shadow: tawag dyan ay barrier to entry lol

    Sa private at in re: SM. Ever got frustrated na hindi marunong yung sales lady na kausap mo?

    There is your answer perhaps.

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    OT

    Yep at MOA we are looking for Dencios kung meron. Se dept store kami tinuro nung concierge.

  16. Join Date
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    #16
    Quote Originally Posted by cast_no_shadow View Post
    OT

    Yep at MOA we are looking for Dencios kung meron. Se dept store kami tinuro nung concierge.
    Hence, if these guys have real skills I doubt they would be sitting on the concierge all day.

    So, this answers SOME of the questions why SM, et al. has contractuals replacing other contractuals

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  17. Join Date
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    #17
    Macsd: nlrc is quasi judicial, while dole is executive functions.

    If you wanna go after a company in.violation of labor laws then you go to nlrc.

    "Sm, et al." Means SM and persons doing SM things.

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  18. Join Date
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    #18
    Quote Originally Posted by b_9904 View Post
    Macsd: nlrc is quasi judicial, while dole is executive functions.

    If you wanna go after a company in.violation of labor laws then you go to nlrc.

    "Sm, et al." Means SM and persons doing SM things.

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    I am not asking what is the function of NLRC, i am saying that it is under DOLE , the same manner NBI is under DOJ , BOC & BIR is under DOF. WTF, you kept stating SM now your saying Sm et al??? Do you have an ax to grind on SM ? Your a waste of time.
    Last edited by macsd; April 26th, 2016 at 09:18 AM.

  19. Join Date
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    #19
    Quote Originally Posted by macsd View Post
    I am not asking what is the function of NLRC, i am saying that it is under DOLE , the same manner NBI is under DOJ , BOC & BIR is under DOF. WTF, you kept stating SM now your saying Sm et al??? Do you have an ax to grind on SM ? Your a waste of time.
    change is coming!

    it is very sad that DOLE which represents the government is not happy that people wont be on a contractual basis!

    isn't it good for the people to have job security for their family and not being abused by big time business like hiring them for 5 months then forever renewal only?

    how about their benefits? hmo, sick/vacation leave, et al....

    and the best thing about this NO contractualization is there would be NO MORE DISCRIMINATION between regular and contractual employees! (been here, done that)

    and it should be the government who should start getting rid of contractual employees to set a good example...

  20. Join Date
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    #20
    imho.....the labor law is not silent on contractualization. ang mahirap is may butas ang batas that huge companies exploit.

    contractualization is hiring in 5 months, then terminate.... the employer cannot get the same person to renew the contract. and the person affected should look for other jobs. ito ang kailangan tanggalin.... due to the temporary nature of the business.

    project-based is hiring due to the necessities of the activities. contract is for a year, and the employer can renew. based on the labor code, if the employee is renewed for another year, the treatment is that the employee can now enjoy the benefits the same as a regular employee without the security of tenure, but can still be continued as long as the activity of the business exists.

    we have project-based people here at the office, that have been with us for more than 5 years. heck, they even have their retirement fund the same as regular employees. they are paid allowances too, with housing benefits, insurance benefits, HMO and uniform benefits. we don't treat our project people as second in level. some of them were also promoted to regular positions (one of our project-based before is now our server engineer, one of them is now our IT security analyst and one of them is now our operations supervisor). We spend and send them to refresh technical training every year and they go out with us on sportsfests, summer outings and christmas parties. we also include them on our annual employee recognition programs.

    5% of them leave every year due to opportunities outside. we don't stop them. the only difference is for them, if they do not make the grade on our annual performance process, we just terminate them on that grounds. we cannot do that for our regular employees except perhaps if we have proof na nagnakaw.

    my take to the next administration:

    a. the contractual (first item above) mode, can be abolished.
    b. need to improve on the definitions and widen the scope of the project-based people so that it includes non-critical activities. as long as the business needs the position on an operational or day to day basis, then it should be defined. currently, it only includes technical requirements.
    c. enforcement of compliance to the project-based employees should be improved.

    my personal opinion is that there is a thin fine line separating regular and project-based people based on the above definition. kung sa US, you can be fired immediately, what would be the difference here? ang mahirap din kasi dito sa kultura ng mga pinoy, pag permanent employee ka, even though you are not productive, hindi ka magagalaw. and most of the pinoys, pag permanent employee ka na, alam mo na hindi ka basta-basta matatangal, nag rerelax ka na.

    on contractuals, the business spends every 5-6 months on training.... pag project-based, one time training and an occassional refresh lang. cheaper....

    on project-based, pag nawala ang project, the person can be terminated. its the same as call-center agents. pag nagsara account mo, pwede ka i terminate.

    again, personal opinion ko lang. everything would fall on how the employer treats every employee.

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DOLE: Millions at risk if next president abolishes contractualization