ALMACOP, Davao Chapter in Partnership with NCMB-RBXI Holds a Learning Session
Hashtagged Learn More, Achieve More: LevelUp 2017.1
Region XI – The Association of Labor and Management Cooperation Practitioners (ALMACOP), Davao Chapter in cooperation with National Conciliation and Mediation Board, Regional Branch No. XI holds a learning session for 2017 marked as “Learn More, Achieve More” LevelUp 2017.1. The activity entitled “Understanding D.O. 174-17 and How It Transforms Workplace Now and in the Future” was held on May 25, 2017 at the Big8 Corporate Hotel, Tagum City. The venue was especially intended to cater the northbound companies in Region XI, says Julius Bulacito, President of ALMACOP, Davao Chapter.
One hundred nine (109) representatives both from labor and management sectors joined in this activity. They come from thirty (30) organized and twenty one (21) unorganized companies.
The LevelUp 2017.1 introduced two (2) significant topics. These are the latest Supreme Court Jurisprudence affecting labor and management: updates and remedies. The second topic is D.O. 174-17 which is the newest issuance of the Department of Labor and Employment signed by Secretary of Labor Silvestre H. Bello III governing contracting and subcontracting arrangements.
The program started with an invocation followed by the Philippine National Anthem. Mr. Julius Bulacito, President of ALMACOP, Davao Chapter gave the opening remarks.
Atty. Virginio C. Juan II was the resource speaker on the topic Latest Supreme Court Jurisprudence affecting labor and management. He basically presented the different employment arrangements from regular employees to probationary to fixed term to project and to seasonal employees and the latest Supreme Court cases analogous to these issues. According to Atty. Juan, where the seasonal employees had been hired repeatedly and continuously to perform the same tasks or activities for several seasons or even after the cessation of the season, this length of time may likewise serve as badge of regular employment. He then cited the case of Universal Robina Sugar Milling Corporation and Rene Cabati, G.R. No. 186439. 15 January 2014.
The seminar was also attended by our honorable Executive Director IV Shirley M. Pascual who gave inspiring messages to the participants.
In the afternoon, Atty. Benjo Santos M. Benavidez, Director IV of Bureau of Labor Relations discussed about Department Order No. 174-17. He stressed that the said D.O. is just a reiteration of the previous issuances prohibiting labor only contracting and subcontracting. These are Omnibus Rules implementing the labor code of the Philippines in 1989, D.O. 10 in 1997, D.O. 18-02 in 2002 and D.O. 18-A in 2011. Basically, D.O. 174-17 is the implementing rules of Articles 106 to 109 of the Labor Code of the Philippines.
At the start, he presented a diagram of contracting and subcontracting allowable by law. He stressed that principal and subcontracting and another subcontracting is not allowed. We do not condemn contractualization. What the law prohibits is labor only contracting, says Atty. Benavidez.
Atty. Benavidez showed Supreme Court decisions on several labor only contracting cases. According to him, substantial capitalization is not the only requirement, the Supreme Court rules also in the size of the company.
Thereafter, there was an open forum with Public Relations Officer Julius Jonelas as the moderator.
The seminar ended with closing remarks given by our very own OIC-Director Aerrine Marie R. Reyes.
The Association of Labor Management Cooperation Practitioners (ALMACOP), Davao Chapter is an organization of LMC practitioners in Region XI. It is one of the social partners of NCMB-RBXI in the promotion and advocating industrial peace in the region. Sheila A. Rivera, LIO-designate.