QuestionsQuestions (EXECUTIVE ORDER NO. 51)
It aims to protect workers’ right to security of tenure by eradicating abusive contracting/subcontracting practices and strictly implementing labor standards consistent with the 1987 Constitution and Article 106 of the Labor Code.
It applies to all parties, including cooperatives, engaged in contracting and subcontracting arrangements.
Contracting or subcontracting done to circumvent workers’ right to security of tenure, self-organization, collective bargaining, and peaceful concerted activities.
It is 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.
The Secretary may, through appropriate issuances and in consultation with the National Tripartite Industrial Peace Council, declare activities that may be contracted out.
The principal is considered the direct employer of the contractor’s/subcontractor’s workers for all purposes.
It cites Article 128 of the Labor Code (Visitorial and Enforcement Power).
They have full access to employer records and premises as well as personnel at any time of day or night whenever work is being undertaken, and may copy records, question employees, and investigate facts/conditions necessary to determine violations.
Compliance orders affirmed by the Secretary are immediately executory unless restrained by an appropriate court.
The employment of the workers shall not be terminated pending appeal except for just or authorized cause. If workers are terminated pending appeal, the compliance order involving regularization becomes executory.
Violations shall be penalized as provided under existing laws and/or regulations, where appropriate.
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 Order’s objective.
If any part is declared unconstitutional or invalid, the remaining provisions not affected remain in full force and effect.
Fifteen (15) days after its publication in a newspaper of general circulation.
Because the Order is implementing Article 106, which addresses labor contracting/subcontracting and is aimed at ensuring security of tenure by preventing circumvention through abusive practices.