(a) safe and healthy working conditions; (b) work standards such as service incentive leave, days off, overtime pay, leave pay, 13th month of pay and separation pay, as required by the service contract or labour code; (c) pension benefits under the SSS or the contractor`s retirement plans, if any; (d) social security and social benefits; According to D.O. 18-A, the contractor refers to any individual or legal person, including a co-operative operating under a legal contract or subcontract that provides either services, skilled workers, acting workers, or a combination of services to a client under a service contract. c. Employees who are assigned by the subcontractor to perform the work or service. The termination of the contractor`s staff before the expiry of the service contract is governed by articles 297, 298 and 299 of the labour code (authorized redundancy reasons). A subcontractor does not need the authority of the Ministry of Labour and Employment (DOLE) to take over a subcontracting or service position. A PRPA requires a DOLE authority or license to legally conduct a recruitment and placement activity. (a) the holder is registered with DOLE and manages an independent and independent company and undertakes to carry out the work, work or service under its own responsibility, according to its nature and method, and without control and management of the client in all subjects related to the performance of the work, except the results of that work; “Any organization or physical entity that provides a lawful contract or subcontract that provides services to a specific business or business managed by the contracting entity as part of a service agreement.” If the quadruple examination is not done by the subcontractor, but by the contracting entity, the contracting entity becomes the employer of workers who perform the work or service. This is not a matter of subcontracting, but of a direct relationship between the employer and the worker between the client and the employees. (a) the specific description of the work, work or service to be provided by the worker; B. The client becomes an employer, as if he had directly employed workers employed in the work or service. It will be responsible for all their rights and benefits under labour laws. As DOLE`s campaign against contracting continues, companies that use the services of contractors or subcontractors must ensure that their agreements with DO 174 are compliant.
Section 2 of D.O. 3 states that there is an employment contract in which the contractor or subcontractor simply recruits, provides or provides labour for a job, job or service to a client, and the following elements are present: instead of hiring, among other things, his or her own messengers, janitors and security agents. , business leaders have learned how valuable it is to outsource these services to contractors. Honestly, allocating these jobs in terms of time and money is actually more profitable for the ordinary businessman. However, contractual agreements are governed by Philippine labour law to ensure that these agreements do not result in the exploitation of contract agents.
