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Dec
17

Service Agreement Dole

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c. Employees who are assigned by the subcontractor to perform the work or service. Overall, the D.O. 18-A program is a welcome development for both social partners and workers, as it attempts to clarify issues and concerns related to the allocation of services. The purpose of the decision is to protect the rights of contract workers, even if it also aims to eliminate illegitimate contractors and thereby assure employers that they are dealing only with independent and legitimate contractors. At the expiry of the service agreement, the contractor has three months to assign staff to another client; Otherwise, the worker is entitled to separation benefits. D.O. 18-A remained silent on this issue, so that the Supreme Court applied by analogy (as for the security authorities) the provision relating to the suspension of good faith activities and left the employer six months to resume the employment of its employees. The new D.O.

reduced the period to only three months. “Any organization or physical entity that participates in 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.” Contracts and subcontracts are commonplace in most operations. Instead of hiring, among others, messengers, janitors and security guards, entrepreneurs 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. If the quadruple examination is not done by the subcontractor, but by the contracting entity, the contracting entity becomes the employer of the worker employed to 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. DO 174 requires a service agreement between the client and the contractor or subcontractor.

It must include provisions concerning the specific description of the work or work under contract, its duration and the agreed amount of work or contract work. c. The agreement between the contractor and the contractor or subcontractor guarantees contract workers the right to all labour protection standards, the free exercise of the right to self-organization, the safety of exploitation and social and social benefits. (a) the specific description of the work, work or service to be provided by the worker; 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 only recruits, provides or provides staff to perform work, work or service for a client, and the following are present: chanroblesvirtuallawlibrary (a) The contractor is registered with DOLE and holds an independent and independent activity and undertakes to perform the task. , the work or service under its own responsibility, according to its nature and method and without the control and management of the contracting entity in all matters related to the performance of the work, excluding the results of the work; 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).

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