The executive department is not empowered to implement a total ban on contractualization, Senior Deputy Executive Secretary Menardo Guevarra said during a press briefing on April 2 at the Malacañang Press Briefing Room.
“That draft EO has been under study in our office for quite some time. The main problem there is iyong mga gustong mangyari ay something that the executive department is not empowered to do, kailangan legislative action talaga,” Guevarra said.
HE explained that the Labor Code has provisions against contractualization but with exemptions.
“So, if you want something like a total ban on contractualization, you need a law to repeal or amend that particular provision of the Labor Code,” he said.
“An executive order is meant only to supplement, all right, or to you know give the details, implementing details of what the law provides. But it cannot add or subtract or substantially alter what the law provides. That’s really more for Congress to do,” he added.
“May mga exemptions kasi diyan eh. But for now, what the executive department is doing, is really to make compliance with the existing regulations very strict. Iyong monitoring ng compliance, at the very least, iyon ang nagagawa ng executive department for now, specially the Department of Labor and Employment. So there are few rules on inspection and so forth and so on, labor standards,” Guevarra explained.