A few weeks back, a bill was submitted that would help employees with jobs here in the Philippines. Since last year, the end of endo act has been submitted and this year, it reached its third (3rd) and final reading.
Many workers rejoiced however, our dearest President Duterte vetoed the anti-endo bill or the security of tenure bill. He said that his reasons actually are valid and they are based on SocioEconomics.
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How does a bill become a law?
In the Constitution of the Philippines, bills that are sent to the Malacañang Palace or to the President will automatically lapse or transform into law IF the President does not approve or veto it.
The President has thirty (30) days or one (1) month to decide after the bill is submitted.
In this regard, President Rodrigo Duterte vetoed the anti-endo bill because of certain reasons. Most of which revolved around the fact that the bill will negatively affect businesses; whereas what he wants is to provide security of tenure to workers and give legitimate companies and businesses the right to operate.
The Anti-Endo or the Security of Tenure bill was submitted to the Malacañang Palace on the 27th of June 2019 foe President Duterte's signature. Now, since the bill was transmitted by the previous Congress, the bill needs to be refiled in the 18th Congress for amendments to happen.
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What is endo?
Endo or end of contract, is an act that is used by companies to abuse their workers. Endo is something that strips benefits and incentives from workers because they will be given a five (5) month contract and then receive endo before their sixth (6th) month for them to be tenure.
I stand by my firm commitment to protect the workers’ right to security of tenure by eradicating all forms of abusive employment practices."
Why did Duterte veto the Anti-Endo bill?
In rejecting the bill, President Duterte gave the reasons why he wanted the bill to be improved.
The bill is not specific to illegitimate companies and businesses towards endo
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Duterte said that he is still going towards his campaign promise to eradicate abuse. However, the anti-endo bill does not target abusive businesses.
The anti-endo bill that he vetoed also banned other forms of legal and effective contractual entities. He said that this could have negative effects to the economy.
Indeed, while labor-only contracting must be prohibited, legitimate job-contracting should be allowed, provided that the contractor is well capitalized."
Businesses' decision to outsource
In addition to the reason he initially gave, the bill also prohibits businesses to outsource since no contractualization is allowed.
Duterte said that contracting is a busines strategy. Banning it will not help businesses grow and can dampen the Philippine economy. He said that this is allowed IF a business has enough funds and capital.
This is especially critical since empirical data shows that the Philippines is currently at a disadvantage already in terms of cost and flexibility of labor use compared to its peers in the region."
Business groups in the country urged President Duterte to oppose the said measure. They said that there already are existing laws protecting workers from contractualization.
In addition to that, they said that gave a warning that the bill could nudge employers to remove workers who are not skilled enough through artificial intelligence and automation.
The bill protects lazy employees
In addition to that, President Duterte said that this bill would protect lazy employees and employees that have "no I.Q." He said that when an employee becomes terminated due to behaviour, it can be used against the company in a negative way.
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You are now saddled with one or two employees and if you fire them, he will go to arbiter, to the NLRC (National Labor Relations Commission), then they will be facing cases instead of helping his fellowmen, he would have a problem and it has happened many times."
So, President Rodrigo Duterte is saying that he is still focused on his goal to eradicate illegal contractualization. What he wants is the bill to be balanced to both workers and employers in the country.
Ernesto Pernia, SocioEconomics Planning Secretary said that having the bill approved could result to less and fewer job opportunities in the country. Why? Because businesses would be limited.
The reasons why President Duterte vetoed the Anti-Endo bill isn't to disappoint workers and employees in the country. In fact, he wants a better, a more concrete solution to the problem that the Philippines has.
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I stand by my firm commitment to protect the workers’ right to security of tenure by eradicating all forms of abusive employment practices."
What do you think about the act that Duterte vetoed thw anti-endo bill? Did you initially think that this is to continue unlawful acts that illegal businesses continue to abuse workers?
Senator Joel Villanueva refiles the anti-end bill
Days after Duterte vetoed the anti-endo bill, Senator Joel Villanueva, the author of the bill that the President turned down, refiles the bill in the 18th Congress.
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Babalik tayo sa Grade 1 (We go back to Grade 1)…This is exactly the same measure that was certified as priority and urgent by the President."
According to the new refiled bill, it bans "labor-only contracting only when the following are observed:
- The job contractor merely supplies, recruits, and supplies workers to a contractee.
- The workers supplied to a contractee perform tasks/activities that are listed by the industry to be directly related to the core business of the contractee.
- The contractee has direct control and supervision over the workers supplied by the contractor.
When President Duterte vetoed the anti-endo bill, Senators expressed their feeling of disappointment and dismay. Why? Because President Duterte classified this bill as urgent back in September 2018.
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Let's wait and see what will happen after Senator Villanueva refiled the same bill that President Duterte vetoed.
Days after our dear President Duterte vetoed the anti-endo bill, another bill of the same nature has been refiled for amendments. Would this slip off the hook? Could this be the answer workers are waiting for?
Source: Rappler and The Philippine Daily Inquirer
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