Security guards owing to their semi-military work and ability to carry firearms are regulated separately thru other government agencies. Valid Employment Contracts with Fixed TermsĪs mentioned, there are services that may be validly contracted out like security and janitorial services. Their employment cannot be terminated thru “endo.” This repeated hiring of employees is seen under the law as evidence that the employee is performing functions that is “usual and necessary” to the trade or business of the employer, which consequently makes them a regular employee who are protected by the constitutional guarantee to security of tenure. Under a scheme commonly known as “555,” employees are hired for five months then dismissed by reason of “endo” and then rehired for another five months, repeating process over and over. It is an open secret that repeated hiring of the same workers is resorted to because the law accords regular status to all employees who have worked for an employer for more than six (6) months. The practice of employers requiring employees under a subcontracting arrangement to sign an employment contract fixing the period of employment to a term shorter than the term of their service agreement is forbidden.
#Endo meaning philippines series#
18-A, Series of 2011 which in turn implements Articles 106 to 109 of the Labor Code, provisions that specifically address contracting and subcontracting arrangements. 10, Series of 2016 reiterates the prohibition found in Section 6 of an earlier Department Order No. But many these parts of business have been unscrupulously contracted out so much so that manpower supply contracts have become what is known in law as “labor-only” contracting, an illegal scheme where the contractor without any capital earns from merely recruiting, supplying and placing workers to perform a job to companies. There are many parts of one’s business that may be validly farmed out to contractors or subcontractors, examples of which are janitorial and security services.
Often, “endo” is implemented under contracting and subcontracting agreements, where the employer referred to as principal farms out the performance of a part of its business to another, referred to as the contractor or subcontractor. It has come to the point that the “endo” dates imposed have no significance at all other than as a way of skirting the constitutional guarantee to security of tenure. Not that the employer and employee cannot validly stipulate for an end of their employment contract, but “endo” has been the subject of abuse with the employer imposing the “endo” date by virtue of its superior economic standing in relation to the employee. Where an employee may only be dismissed thru either of the two causes, first, for just cause or second, for authorized cause, by the mere expedient of providing an “endo” date in an employee’s contract, a third cause is created to terminate an employment. Simply, the right to security of tenure guarantees the right of employees to continue in their employment absent a just or authorized cause for termination. It reiterates the prohibition against labor-only contracting and rightly so, since “endo” erodes the right of and employee to security of tenure. 10, Series of 2016, pursuant to the Department’s policy directive to strictly implement and enforce the workers’ constitutional right to security of tenure. On July 25, 2016, the DOLE issued Labor Advisory No. When the new administration took over the reins of governance, it served notice that it will bring the fight against “endo” in the middle of the ring. The Department of Labor and Employment (“DOLE”) has long defined “endo” as a hiring practice deliberately resorted to prevent workers from acquiring regular status done through repeated short-term arrangements by one principal through the same or difference contractors, or through a service agreement of short duration under the same contractor, or different contractors. It is the date indicated on the employment contracts and is dreaded by employees as it means the end of his or her employment. “Endo” is layman’s term for end of employment contract. “Endo” is the twin brother of the drug monster that also needs to be slain, so says the Duterte administration.
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