CA asked to reconsider ruling favoring PLDT on contractual workers

Ina Reformina, ABS-CBN News

Posted at Aug 22 2018 09:07 PM

MANILA - The Office of the Solicitor General (OSG) on Wednesday asked the Court of Appeals (CA) to reconsider its decision which stopped the Department of Labor and Employment's (DOLE) order for PLDT to regularize over 7,000 workers from third-party contractors. 

The OSG said "the CA should have considered the totality of facts and circumstances behind PLDT’s relationship with each individual contractor."

In its July 31 decision, the CA said PLDT only needed to regularize contractual workers in its core services or those performing installation, repair and maintenance of PLDT lines. 

This was in contrast to Labor Secretary Silvestre Bello's position that the telco also needed to regularize workers involved in janitorial, messengerial, clerical, IT, sales, and medical professional services. 

Bello committed grave abuse of discretion with his regularization order, the appellate court ruled. 

The OSG, however, insisted that there was no grave abuse of discretion on the part of DOLE. 

It said the contractors’ activities were directly related to the main business operations of PLDT, and that the telecommunications company exercised control over the contractors’ workers. 

The OSG added that the contractors also didn't have any business outside of PLDT. 

The eradication of labor-only contracting was a campaign promise of President Rodrigo Duterte, who signed an executive order on Labor Day this year prohibiting illegal contracting and subcontracting. 

The EO, however, stopped short of a total ban on labor-only contracting. Malacañang said this would have to be done through legislation.