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Part I. JOB CONTRACTING AND SUB-CONTRACTING 1. The Labor Code Provisions on Legitimate Job Contracting 2. The Law Against Labor-only Contracting 3. Four (4) Labor Code provisions enunciating the rules on contractualization, to wit: A. Article 106 – Contractor or Subcontractor; B. Article 107 – Indirect Employer; C. Article 108 – Posting of Bond; and D. Article 109 – Solidary Liability. 4. The Framework of Trilateral Relationship in Contracting/Sub-contracting A. Parties to Trilateral Relationship a. Principal b. Contractor/Subcontractor (Agency) c. Contractual Employer 5. Leading Labor Jurisprudence a. The Manila Water Company Case (75501, 02 Oct. 2010) b. The Lorenzo Shipping Case (186091, 15 Dec. 2010), and c. The Procter and Gamble Case (1605606, 10 March 2010 and 20 June 2011) 6. CONCLUSIONS: Lessons Learned from the Law and the Cases a. Labor Contracting Cases b. Labor – Only Contracting In the Shipping Industry c. Two Indicators OD Labor Only Contracting d. The Three (3) Indicators of Permissible or Legitimate Job Contracting e. The Law, Not the Will of the Parties, Determine the Nature of The Business f. The Law Itself, Not the Language of the Contract, Is Determinative of, And Conclusive on the True Relationship of the Parties Part II. Department Order No. 18-A, Series of 2011 1. What is Contracting and Subcontracting? 2. What is new with DO 18-A, Series of 2011? 3. How much is the substantial capital or investment required to become legitimate subcontractor? 4. How many subcontractors will be covered by new issuance? 5. How many the new DO induced ethical and professionalization of subcontracting? 6. Is there a difference between a Subcontractor and a Private Recruitment and Placement Agency (PRPA)? 7. In the employment of workers, is there a difference between an ordinary employer- employee relationship and subcontracting? 8. Is legitimate subcontracting different from Labor-only contracting? How is Labor- only contracting defined? 9. What is the basis of the state in prohibiting Labor-only contracting? What is the objective of prohibition? 10. What will be the effect of Labor-only contracting arrangement? 11. If a legitimate subcontractor cannot pay the wages of the employees it engaged to perform the job or service, will the principal automatically become the employers of such employees? 12. Is the hiring practice or repeated “5-5-5” or “ENDO” workers covered by DO 18-A, S. 2011? 13. Will DO 18-A, S. 2011, be able to address the issue of declining union membership which has been attributed by labor groups to indirect employment schemes such as subcontracting? 14. Will it address the issue of violation of labor standards and occupational health and safety standards by the subcontractors? 15. Is the “OPT-OUT” enforcement and compliance scheme available to contracting/subcontracting in specific industries? 16. What will happen to the workers, either the regular employees who are terminated due to company’s resort to contracting/subcontracting or the workers employed by the subcontractor after the expiration of the Service Agreement? 17. Will the substantial capital of P3Million be immediately enforced on existing subcontractors? What is the effect of DO18-A on existing registration and Service Agreement? 18. What does non-impairment of existing contracts means and why is this necessary? 19. What will happen to the registry of subcontractors established under Department Order No. 18, Series 2002? 20. How do we know whether the subcontractor is legitimate of not? 21. Is DO18-A applicable to manpower cooperative? 22. What is the extent of the security of tenure of a contractual employee under a subcontracting arrangement? 23. What are the rights of a contractual employee? Is there a difference between a regular employee and a contractual employee? 24. Is there a difference between a regular employee and a contractual employee? 25. How is tripartite engagement operationalized in the determination of functions that can or cannot be subject of subcontracting? 26. What is the remedy of the workers against a subcontractor or principal who violate the provisions of DO 18-A? 27. When is the effectivity of DO18-A? Atty. Josephus B. Jimenez AB, LLB, CESDP, FPM * 2014 President of People Management Association of the Philippines * Former Undersecretary, Department of Labor and Employment * Former Top Corporate Executive of Petron/PNOC, San Miguel Corp., and Pepsi Cola Products Phil. Inc. * Former Professor of Law of UST, FEU, UE, etc. * Former Member of Board of Trustees, St. Paul University, QC., * Former Labor Attache, Taichung, Taiwan, Malaysia and Kuwait * Author, Law Professor, Bar Reviewer, Inspirational Speaker * Former, OIC Executive Director, National Maritime Polytechnic For More Details / Inquiry / Reservation, Please call us Ms. Jhie Tejada Marketing Officer Tele Fax: 470-5542 or Call/Text: 0921-7742347/ 0906-4798186 Email: jhie.powerma...@yahoo.com Date : October 1, 2015 Time : 9:00am - 5:00pm Venue : RCBC Plaza Makati (Inclusive of seminar kit, certificates and am snacks, lunch and pm snacks) Super Saver Rate- Php 3,995 + VAT (until September 10) Early Bird Rate- Php 4,695 + VAT (September 11 - 23) Regular Rate - Php 4,995 + VAT (starting September 24) Group Rate - Php 4,395+ VAT per pax (5 pax or more) For your convenience, you may deposit your payment at any branch of BANCO DE ORO (BDO) Account Name:Powermax Consulting Group Inc. Account Number: 4950214023 BANK OF THE PHILIPPINE ISLAND (BPI) Account Name: Powermax Consulting Group Inc. Account Number: 4021-0138-68 Branch: Robinsons Equitable Tower Ortigas Please fax a copy of the validated deposit slip with your company details to 470-5542 or email a scanned copy to jhie.power...@yahoo.com.ph. Official Receipts are to be given on the day of the seminar. "We Accept All Major Credit Cards." ATTENTION TO MS. JHIE TEJADA: Job Contracting and Against Labor-only Contracting October 1, 2015 / 9:00 am - 5:00 pm / RCBC Plaza Makati Name Of Participants: 1. _____________________ Email/Mobile: __________________ 2. _____________________ Email/Mobile: __________________ 3. _____________________ Email/Mobile: __________________ 4. _____________________ Email/Mobile: __________________ 5. _____________________ Email/Mobile: __________________ AUTHORIZING OFFICER / CONTACT PERSON: Company Name Mr./Mrs. __________________________________________________________ Address Position __________________________________________________________ Tin # Email __________________________________________________________ Telephone Mobile __________________________________________________________ Fax Signature __________________________________________________________ POLICIES ON REGISTRATION 1. To avail of the EARLY BIRD DISCOUNT, payment should be made no more than five (5) days after registration. 2. For the seminar fee to be refunded, cancellation should be made not less than four(4) days before the date of the workshop. 3. Certificates will be given only to those who have actually attended the seminar. Those who register and pay but will not attend the workshop will be given handouts but not certificates. 4. The materials for this seminar are protected. Any form of audio, video or image recording of the seminar or PowerPoint slides used by the speaker is strictly prohibited. 5. Only the handouts will be given by the speaker. He / she is not obliged to provide a copy of other training materials like the Powerpoint file. 6. Companies / Organizations / Individuals with business(es) competitive with the businesses of Powermax Consulting Group (i.e., seminars, training, consultancy, and the like) are not allowed to register unless with written consent by the management of Powermax. Full disclosure of business line in registration is required. If anyone registers without full disclosure, and it is discovered that his business or one of his businesses is competitive with that of Powermax, his registration will be forfeited. Expenses incurred by the registrant in the process (e.g., plane ticket reservation, hotel reservation, etc.) will not be reimbursed by Powermax Consulting Group. Kindly email back this reservation form to us at jhie.powerma...@yahoo.com or fax it back to us at (02) 470-5542 to ensure your seat is reserved to this program. WE CAN CUSTOMIZE PROGRAMS BASED ON YOUR COMPANY'S TRAINING NEEDS * SALES * CUSTOMER SERVICE * LEADERSHIP * TEAMBUILDING * COLLECTION Instead of the usual headaches, let us manage your events. We can also provide the following: * TALENTS (Emcees, Singers, Dancers, Bands, Models) * STAGE DESIGN * SOUNDS AND LIGHTS * PROGRAM * FOOD/VENUE * VIDEO COVERAGE * EVENT MARKETING For More Details / Inquiry / Reservation, Please call us Ms. Jhie Tejada Marketing Officer Tele Fax: 470-5542 or Call/Text: 0921-7742347/ 0906-4798186 Email: jhie.powerma...@yahoo.com If you think your friends may benefit from this training program, please feel free to pass. THANK YOU! The Management Unit 104 Corinthian Executive Regency Ortigas Road, Ortigas Center, Pasig City Tele Fax: 470-5542 or Call/Text: 0921-7742347/ 0906-4798186 _____________________________ Unsubscribe / Change Profile: http://ymlp182.com/ugjmybuwgsgqequwygusuywggubhjm Powered by YourMailingListProvider _______________________________________________ dev mailing list dev@openvswitch.org http://openvswitch.org/mailman/listinfo/dev
