Question & AnswerQ&A (EXECUTIVE ORDER NO. 51)
The main purpose of Executive Order No. 51 is to implement Article 106 of the Labor Code of the Philippines to protect the right to security of tenure of all workers based on social justice principles under the 1987 Philippine Constitution.
This Order applies to all parties, including cooperatives, engaged in any contracting and subcontracting arrangements.
It strictly prohibits contracting or subcontracting arrangements undertaken to circumvent workers' rights to security of tenure, self-organization, collective bargaining, and peaceful concerted activities as guaranteed by the 1987 Philippine Constitution.
Security of tenure refers to the right of employees not to be dismissed or removed without just or authorized cause and without observance of procedural due process consistent with the Constitution, Labor Code, and prevailing jurisprudence.
The principal shall be considered the direct employer of the contractor's or subcontractor's workers for all purposes.
The Secretary, through authorized representatives, may conduct inspections of establishments to ensure compliance with labor laws, access employer records and premises, question employees, investigate matters, and issue compliance orders after due hearing.
Violations may be penalized as provided under existing laws and regulations appropriate to the nature of the violation.
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 this Order.
If any section or part of the Order is declared unconstitutional or invalid, the other sections not affected shall remain in full force and effect.