Term Employment in Labor Law Amendments Opposed; ECoP Says 'Anti-Investments,' 'Anti-Labor'
Employers Confederation of the Philippines (ECoP) opposed yesterday the proposed amendments to the Labor Code seeking term or fixed-period employment, except for overseas Filipino workers (OFWs), saying they are anti-investment and anti-labor.
ECoP said the amendments, if approved, will emasculate the rights of employers as will as the employes to enter into a contract of employment.
It added that the Supreme Court, in a number of landmark cases, has upheld the validity of a contract of employment with fixed or specific period.
"The High Court held that term employment constitutes an exercise of the right to enter into contracts provided that consent is not vitiated," said ECoP vice president Rene Y. Soriano.
Soriano, chairman of ECoP Industric Relation Committee, added that in a recent ruling, the Supreme Court ruled that the decisive determinant in term employment is not the activities that the employe is called upon to perform, but the day certain agreed upon by the parties for the commencement and termination of their employment relationship, a day certain being understood to be that which must necessarily come, although it may not be known when.
Soriano noted that in Brent School, Inc., et al. Vs. Ronaldo Zamora, etc. et. Al., the Court had occasion to examine in detail the question of whether employment for a fixed term has been outlawed under the above-quoted provisions of the Labor Code. …