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THURSDAY, 12 SEPTEMBER 2019 * 9:00AM to 5:00PM

As the principals in contracting relationships, employers are not liable for the claims of individuals deployed by contractors since these persons are not their employees. However, there are pitfalls which if companies fail to avoid can make them liable for various employment claims as if the workers of contractors are their employees. Mistakes committed in dealing with contractors will hound companies relating to liabilities such as illegal dismissal, back wages, reinstatement, separation pay, money claims, SSS, Philhealth, Pag-Ibig and social legislation benefits, among others. This can cost you millions of losses years ahead when unresolved.

In this pioneering one-day training program, our labor expert will teach business owners, employers and contractors of outsourced services all the laws and regulations on valid contracting and subcontracting. We will reveal to you all the technicalities and share with you valuable insights, best practices tips and strategies to avoid these pitfalls, traps and liabilities.

Whether you are outsourcing your janitorial, security, accounting, sales, construction, property management, logistics, merchandising, PR, advertising, design functions or others, this seminar will be very useful to you!

   Limited Seats Only, Pre-Registration Required

   Avail of the Group DISCOUNT


 Contact Person: Aiza Cuenca
   Manila lines: (+632) 556-8968 or 69
  Manila Telefax: (+632) 842-7148 or 59
   Cebu lines: (+63 32) 512-3106 or 07
   Baguio line: (+63 74) 423-5148
   Legazpi line (+63 52) 736-0148

Course Director & Lecturer: Atty. Elvin Villanueva – is a specialist in and practitioner of labor and tax laws. He has written 18 best-selling books namely: Guide to Valid Dismissal of Employees, Guide on Employee Compensation and Benefits Vol. 1 & 2, Guide on Wage Order and Minimum Wage, Batas Kasambahay; Gabay sa Karapatan ng OFWs, Guide on Employee Transfer and Demotion, Human Resource Forms, Notices and Contracts Vol. 1 & 2, Guide to Valid Job Contracting & Subcontracting, How to Design and Formulate Company Code of Discipline, Employee Leave Benefits, Tax Solutions on Employee Compensation and Benefits, Real Estate Practice in the Philippines, Digest of Critical Decisions of the Supreme Court on Labor Cases (2015-2018 cases) and The Labor Code of the Philippines 2018 Edition. His advocacy is to help companies and employees solve their HR issues.
Who Should Attend:

      • Business Owners
      • Board Directors
      • Company Presidents & Top
         Management Decision-Makers
      • HR Practitioners & Managers
      • Lawyers
      • Trade Union Representatives
      • Business Consultants
      • Those in outsourcing businesses

   Training Investment is P9,980
   inclusive of Meals, Resource Kit, &
   Certificate of Attendance

Best Practices Guide to Valid Job Contracting and Subcontracting

What Decision-Makers Must Know About Contracting Outsourced Services

EDSA Shangri-La Hotel, Mandaluyong City, Philippines
9:00am to 5:00pm, Thursday, September 12, 2019

Course Outline

I.     Constitutional Bases of Contracting & Subcontracting

       a. Promotion of Welfare (Section 18, Article 2)
       b. Full Protection to Labor (Section 3, Article 13)
       c. Guarantee for Rights to Self-Organization (Section 3, par 2, Article 13)
       d. Promotion of Full employment (Section 9, Article 2)
       e. Promotion of Social Justice (Section 1, Article XIII)

II.    Laws, Rules and Regulations Governing Contracting & Subcontracting

       a. Article 106 of the Labor Code, as amended
       b. Article 107 of the Labor Code, as amended
       c. Article 108 of the Labor Code, as amended
       d. Article 109 of the Labor Code, as amended
       e. D.O. 174, Series of 2017, Rules Implementing Articles 106-109 of the Labor Code, as amended
       f. Article 259 (c) [formerly 248] of the Labor Code, as amended, which disallows contracting out of services or functions
         being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their
         rights to self-organization
       g. Article 295 of the Labor Code, as amended which classifies employees into regular, project or seasonal employees
       h. Article 2180 of the Civil Code, under which the principal, in a civil suit for damages instituted by an injured person,
         can be held liable for any negligent acts of the employees of a labor-only contractor
       i. Republic Act No. 5487 and its implementing rules, which regulate the operation of security agencies
       j. Jurisprudence interpreting the foregoing laws
       k. Department Circular No. 1, Series of 2017 (Clarifying the Applicability of D.O. 174)
       l. Department Order No. 19, Series of 1993 (Guidelines Governing the Employment of Workers in the Construction Industry)
       m. Department Order No. 13, Series of 1998 (Guidelines Governing the Occupational Safety and Health in the
         Construction Industry); R.A. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards
         and Providing Penalties for Violations)
       n. D. O. No. 19, Series of 1993, for subcontracting arrangements in the construction industry; and
       o. Contractual stipulations provided these are not in conflict with Labor Code provisions, jurisprudence, and D. O. Nos.
         174 and 19.

III.   Important Definitions

       a. Contracting
       b. Subcontracting
       c. Contractor
       d. In-house agency
       e. Principal
       f. Right to control
       g. Solidary liability
       h. Substantial Capital

IV.   What is Permissible Contracting?

       a. Nature of relationship of the parties on permissible contracting
       b. Permissible contracting is expressly allowed by law
       c. Requisites of legitimate job contracting or subcontracting
       d. Concept of independent contractor
       e. Difference between subcontractor and private recruitment and placement agency (PRPA)

V.    Labor-Only Contracting

       a. Definition of labor-only contracting
       b. Labor-only contracting is expressly prohibited; Absolute Prohibition
       c. Distinction between permissible contracting and labor-only contracting
       d. Power of the Secretary of Labor to determine existence of labor-only contracting
       e. Criteria for the existence of labor-only contracting
       f. The presumption is that a contractor is a labor-only contractor
       g. Elements of labor-only contracting
       h. Substantial capitalization
       i. Performance of directly related jobs
       j. Right to Control
       k. DOLE Certification that an entity is a job contractor
       l. Effect of labor-only contracting
       m. Principal may still be held liable even in the absence of labor-only contracting

VI.   Bond Requirement in Job Contracting

VII.  Concept of Reimbursement

VIII. Other Illicit Forms of Employment Arrangements / Prohibited Activities Other Than Labor-Only Contracting

IX.   Payment of Wages of Employees in Contracting Arrangement

       a. Payment of wages as element of employer-employee relationship
       b. Payment of wages need not be made directly to prove this element
       c. Pay slip to prove who paid the worker's wage
       d. Joint and several liability for non-payment of wages
       e. The court takes judicial notice of the practice of employer of not issuing pay slip to evade liabilities
       f. Status in contracting relationship determines parties' liability for payment of wages
       g. Rights of Contractor’s / Subcontractor’s Employees
       h. Labor standards such as SIL, rest days, overtime pay, holiday pay, 13th month pay, and separation pay

X.    Concept of Floating Status, Off-Detail or Reserve Status

XI.   Required Contracts Under D.O. 174: Service Agreement and Employment Contract

       a. Effect of violation

XII.  Dismissal from Employment of Employees in Contracting Arrangement

       a. Article 297 of the Labor Code
       b. Article 298 of the Labor Code
       c. Article 299 of the Labor Code

XIII. Expiration of Service Agreement

       a. Option for re-employment within three (3) months
       b. Separation Benefits for Failure to Provide New Employment
       c. Mere Expiration of Service Agreement not Deemed Termination of Employment

XIV. Rules on Registration, Renewal and Cancellation of Registration

       a. Mandatory registry
       b. Requirements
       c. Verification Inspection
       d. Registration Fee
       e. Validity
       f. Semi-Annual Reporting
       g. Grounds for Cancellation of Registration
       h. Due Process
       i. Appeal
       j. Effects of Cancellation
       k. Enforcement of Labor Standards
       l. Duty to Produce Copy of Contracts

XV. Rules Governing Contracting in Construction Industry; PCAB

       a. Department Order (DO) No. 19-93 is the prevailing rules on contracting in construction industry
       b. Coverage
       c. Practice of contracting and sub-contracting in the construction industry is recognized by law
       d. Workers, where job contracting is permissible, are employees of the contractor
       e. Classification of employees employed in the construction industry
       f. Definition of project employees
       g. Definition of non-project employees
       h. Definition of probationary employees
       i. Meaning of regular employees
       j. Definition of casual employees
       k. Indicators of project employment
       l. Security of tenure of project employees
       m. Statutory benefits of construction employees
       n. Wage rates shall depend on the skills or level of competence but not lower than the prescribed minimum wage
       o. Basis in determining rates for workers paid by results
       p. Liability of the construction company and general contractors to the workers in their employ
       q. Wage increases shall be borne by the principal and the contract shall be deemed amended accordingly
       r. Completion of project or phase thereof and its effect on employment status of workers
       s. Bonus upon completion of the project or phase thereof when there is such an undertaking
       t. Project employees, as a rule, are not entitled to separation pay if separation is due to completion of project
       u. Instance when project employees become entitled to separation pay
       v. Situation when project employees become regular
       w. Meaning of "day" in day certain
       x. Instance where there is no regularization notwithstanding one-year duration of employment
       y. Reckoning period for the completion of the project
       z. Dismissal from employment of project employee
       aa. Separation pay of employees

SEMINAR FEE PER PERSON: P 9,980 (Fee covers Meals, Resource Kit, Certificate of Attendance)


Less 5% for early registrants (on registrations made on or before August 12, 2019)
Less 5% for early payment (if made on or before September 2, 2019)
Less 5% for group registration (minimum of 3 participants)

Share |
Download: Flyer - Black&White (.PDF 386kb)
                         Course Outline (.PDF 287kb)