Question & AnswerQ&A (EXECUTIVE ORDER NO. 51)
This Order applies to all parties, including cooperatives, engaged in any contracting and subcontracting arrangements.
Security of tenure refers to the right of employees not to be dismissed or removed without just or authorized cause and observance of procedural due process consistent with the Constitution, Labor Code, and prevailing jurisprudence.
Contracting or subcontracting undertaken to circumvent the worker's right to security of tenure, self-organization, collective bargaining, and peaceful concerted activities is strictly prohibited.
The Secretary of Labor and Employment, in consultation with the National Tripartite Industrial Peace Council, may declare activities which may be contracted out.
The principal engaged in any illegal contracting or subcontracting arrangement shall be considered the direct employer of the contractor’s or subcontractor’s workers for all legal purposes.
The Secretary of Labor and Employment has visitorial and enforcement powers to inspect establishments, access employer's records and personnel, investigate violations, and issue compliance orders to enforce labor standards and working conditions.
The employment of workers ordered to be regularized shall not be terminated pending appeal of the order except for just or authorized cause; any termination pending appeal shall render the compliance order executory.
Violations shall be penalized as provided under existing laws and regulations, and may include fines, sanctions, or other penalties applicable to labor law violations.
All government agencies in the Executive Branch are directed to cooperate and extend assistance to the Department of Labor and Employment to carry out the objectives of the Order.
If any part of the Order is declared unconstitutional or invalid, the remaining provisions not affected shall remain in full force and effect.
The Order takes effect fifteen (15) days after its publication in a newspaper of general circulation.