Title
Security of Tenure Protection EO
Law
Executive Order No. 51
Decision Date
May 1, 2018
Executive Order No. 51 aims to protect workers' right to security of tenure by prohibiting illegal contracting or subcontracting arrangements and enforcing labor standards and working conditions, with violations being penalized according to existing laws and regulations.

Law Summary

Scope and Applicability

  • The Order applies to all parties, including cooperatives, engaged in any form of contracting and subcontracting.

Prohibition of Illegal Contracting or Subcontracting

  • Illegal contracting or subcontracting that circumvents workers' rights to security of tenure, self-organization, collective bargaining, and concerted activities is strictly prohibited.
  • Security of tenure is defined as the right of employees not to be dismissed without just or authorized cause and due process.
  • The Secretary of Labor and Employment has the authority, in consultation with the National Tripartite Industrial Peace Council, to declare which activities can be contracted out.

Legal Consequences for Violations

  • Any principal employer involved in illegal contracting or subcontracting shall be deemed the direct employer of the workers in question for all legal purposes.

Enforcement and Inspection Powers

  • The Secretary of Labor and Employment and authorized representatives have broad visitorial and enforcement powers to inspect establishments to ensure compliance with labor laws.
  • They have access to employer records, premises, employees, and may conduct investigations any time work is being performed.
  • Issuance of compliance orders follows due process and these orders are immediately executory unless restrained by court.
  • Compliance orders involving worker regularization prohibit termination of workers pending appeal except for just cause; unlawful termination renders the order executory.

Sanctions

  • Violations of the Order shall be penalized in accordance with existing laws and regulations.

Inter-agency Cooperation

  • All Executive Branch government agencies are directed to assist the Department of Labor and Employment in implementing the Order.

Separability Clause

  • Any unconstitutional or invalid provisions will not affect the remaining provisions, which will continue to be in full force.

Repealing Clause

  • Prior inconsistent laws, orders, or regulations are repealed, amended, or modified to the extent of inconsistency.

Effectivity

  • The Order takes effect 15 days after its publication in a newspaper of general circulation.

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