QuestionsQuestions (EXECUTIVE ORDER NO. 51)
EO No. 51 implements Article 106 of the Labor Code to protect workers’ right to security of tenure and to eradicate abusive contracting/subcontracting practices that circumvent labor rights, consistent with social justice.
EO No. 51 cites Section 18, Article II (state protection of labor) and Section 3, Article XIII (workers’ rights, including security of tenure, humane conditions, and rights to self-organization, collective bargaining, and peaceful concerted activities).
EO No. 51 applies to all parties, including cooperatives engaged in any contracting and subcontracting arrangement.
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, the Labor Code, and prevailing jurisprudence.
Contracting or subcontracting is strictly prohibited when undertaken to circumvent workers’ rights to security of tenure, self-organization, and collective bargaining, as well as peaceful concerted activities.
The Secretary of Labor and Employment may, through appropriate issuances and in consultation with the National Tripartite Industrial Peace Council (Art. 290[c] of the Labor Code), declare activities which may be contracted out.
The principal in any arrangement in violation of the Order shall be considered the direct employer of the contractor’s or subcontractor’s workers for all purposes.
Section 4 bases enforcement on Article 128 (Visitorial and Enforcement Power) of the Labor Code, granting the Secretary or authorized representatives full access to employer records and premises and the right to copy, question employees, and investigate facts/conditions at any time of day or night when work is being undertaken.
It requires due hearing before issuing compliance orders to give effect to labor standards provisions of the Labor Code and other labor legislation.
Compliance orders affirmed by the Secretary of Labor and Employment are immediately executory unless restrained by an appropriate court.
The employment of the workers shall not be terminated pending appeal of such order except for just or authorized cause. Any termination during the appeal renders the compliance order involving regularization executory.
Violations shall be penalized as provided for under existing laws and/or regulations, where appropriate.
All government agencies in the Executive Branch are directed to cooperate and assist the Department of Labor and Employment to carry out the objective of the Order.
Under the separability clause, the remaining sections or provisions not otherwise affected shall remain in full force and effect.
It contains a repealing clause: all orders, rules, regulations, or issuances inconsistent with EO No. 51 are repealed, amended, or modified accordingly.
It takes effect fifteen (15) days after its publication in a newspaper of general circulation.