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). A subcontractor does not need the authority of the Ministry of Labour and Employment (DOLE) to take over a subcontracting or service position. A PRPA requires a DOLE authority or license to legally conduct a recruitment and placement activity. c. Employees who are assigned by the subcontractor to perform the work or service. (1) persons who work, work or service under a service contract with a client (the „detached workers“ of the contractor) and, on the whole, the issuance of D.O. 18-A 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. 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. According to D.O. 18-A, the contractor refers to any individual or legal person, including a co-operative operating under a legal contract or subcontract that provides either services, skilled workers, acting workers, or a combination of services to a client under a service contract. B.
The subcontractor who is able to take over the delivery of work or service independently; and b. The client becomes an employer, as if he had directly employed workers employed in the work or service. It will be responsible for all their rights and benefits under labour laws. A subcontractor directly supports a specific organization or service for a client and employs its own employees for this purpose. A PRPA cannot be a subcontractor. It only recruits employees to place them with another employer, so that the employees recruited do not become employees of the PRPA. 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. According to the new D.O., the loan relates only to the borrowing under section 108 of the labour code (equal to the cost of contract work). It removes the loan that the client has reserved as collateral or guarantee for the payment of services provided by contractors or subcontractors under the service contract.
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.