Based on the Labor Code Article 106 Section 3 ( APPENDIX A ) . In legitimate catching. there exists a trilateral relationship under which there is a contract for a specific occupation. work or service between the principal and the contractor or subcontractor. and a contract of employment between the contractor or subcontractor and its workers.
Therefore. there are three parties involved in these agreements. the principal which decides to farm out a occupation or service to a contractor or subcontractor. the contractor or subcontractor which has the capacity to independently set about the public presentation of the occupation. work or service. and the contractual workers engaged by the contractor or subcontractor to carry through the occupation work or service. Contracting or labour catching is the replacement of regular workers with impermanent workers who receive lower rewards with no or less benefits.
These impermanent workers are besides known as contractual. provisional. trainees. learners. assistants. casuals. piece rate employees. agency-hire. and undertaking employees. They do the work regular workers for a specified and limited period of clip. normally less than six months. The work they do is “desirable and necessary” for the company’s endurance. but they ne’er become regular employees even if they get rehired repeatedly under new contracts. ( Wikipilipinas.
org ) While contractual employment is allowed under Article 106 of the Labor Code of the Philippines. this clause has been used and abused over clip and led to the catching of labour. ( Wikipilipinas. org ) At present our state is holding a big population of unemployed persons. As stated in the web log of Dr. Jose Mario B. Maximiano one manner to diminish the impact of unemployment in our state is to offer contractual occupations to persons. The job is contractual occupations are non for the long term. Some of the contractual employees are non cognizant of their rights and privileges every bit good.
Harmonizing to the web log of Dr. Jose Mario B. Maximiano. catching has become the chief signifier of labour in many Philippine concerns. a good ground why there are barely any labour brotherhoods in the state or why most workers are non organized in the new millenary. Contractual workers can non afford to fall in brotherhoods because they are at the clemency of their employers. Many Torahs protecting workers protect merely regular employment. The purpose of the study is to be able to inform the users of the study about the societal duties of the concern entities towards contractual employees.
To be able to measure if contractual employees have plenty knowledge about their rights and privileges and if their employers are decently exerting such societal duties towards them every bit good. The information needed would be the societal duties towards contractual employees and the features of good working conditions under this type of employment. In order to obtain this information. the research workers will garner pieces of information from books. cyberspace and other resources sing societal duties towards employees.
The research workers will besides carry on interviews in order evaluate whether employees have plenty knowledge about their rights and privileges and if their employers exercise societal duties towards the employees. These interviews will be conducted to the contractual employees of different section shops in San Fernando City La Union. At the terminal of the study. the newsmans expect that the users of the information are to the full guided with the societal duties towards contractual employees and be able to cognize their rights and privileges in come ining in such type of employment.