Executive Order No. 51 (2018) — —Section 3, Article XIII of the Constitution mandates that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all; that the State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law; and, that workers shall be entitled to security of tenure,

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Executive Order No. 51 (2018)

—Section 3, Article XIII of the Constitution mandates that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all; that the State shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law; and, that workers shall be entitled to security of tenure,

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Section 1 · Coverage Section 2 · Prohibition against Illegal Contracting or Subcontracting Section 3 · Effect of Violation Section 4 · Enforcement of Labor Standards and Working Conditions Section 5 · Sanctions Section 6 · Inter-agency Cooperation Section 7 · Separability Clause Section 8 · Repealing Clause Section 9 · Effectivity

Section 1

Coverage

Section 1.

Coverage. —This Order shall apply to all parties including cooperatives engaged in any contracting and subcontracting arrangement.

Section 2

Prohibition against Illegal Contracting or Subcontracting

Section 2.

Prohibition against Illegal Contracting or Subcontracting. —Contracting or subcontracting, when undertaken to circumvent the worker's right to security of tenure, self-organization and collective bargaining, and peaceful concerted activities pursuant to the 1987 Philippine Constitution, is hereby strictly prohibited.

Security of tenure refers to the right of employees not to be dismissed or removed without just or authorized cause and observance of procedural due process consistent with the Constitution, Labor Code, as amended, and prevailing jurisprudence.

The Secretary of Labor and Employment may, by appropriate issuances, in consultation with the National Tripartite Industrial Peace Council under Art. 290(c) of the Labor Code, as amended, declare activities which may be contracted out.

Section 3

Effect of Violation

Section 3.

Effect of Violation. —The principal engaged in any arrangement in violation of this Order shall be considered the direct employer of the contractor's or subcontractor's workers for all purposes.

Section 4

Enforcement of Labor Standards and Working Conditions

Section 4.

Enforcement of Labor Standards and Working Conditions. —Consistent with Article 128 (Visitorial and Enforcement Power) of the Labor Code, as amended, and pertinent implementing rules, the Secretary of Labor and Employment, through his/her duly authorized representatives and deputized labor and employer representatives, shall conduct inspection of establishments so as to ensure compliance with all labor laws, including this Order. They shall have full access to employer's records and premises as we!! as to any personnel at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Labor Code, as amended, and any other labor law, wage order, or relevant rules and regulations. ℒαwρhi৷

Based on the visitorial and enforcement power of the Secretary of Labor and Employment in Article 128 (b), he/she or his/her designated representative shall issue compliance orders after due hearing to give effect to the labor standards provisions of the Labor Code, and other labor legislation, rules and regulations. Compliance orders affirmed by the Secretary of Labor and Employment shall be immediately executory unless restrained by an appropriate court.

In case the compliance order involves a directive to regularize workers, the employment of the latter shall not be terminated pending appeal of such order except for just or authorized cause. Any termination of workers pending appeal shall render the compliance order involving the regularization of workers executory.

Section 5

Sanctions

Section 5.

Sanctions. —Where appropriate, violations of this Order shall be penalized as provided for under existing laws and/or regulations.

Section 6

Inter-agency Cooperation

Section 6.

Inter-agency Cooperation. —All government agencies in the Executive Branch are directed to cooperate and extend to the Department of Labor and Employment ail appropriate assistance to carry out the objective of this Order.

Section 7

Separability Clause

Section 7.

Separability Clause. —if any section or part of this Order is declared to be unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

Section 8

Repealing Clause

Section 8.

Repealing Clause. —All orders, rules and regulations, issuances, or any part thereof inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly.

Section 9

Effectivity

Section 9.

Effectivity. —This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

DONE, —in the City of Cebu, this 1st day of May in the year of Our Lord, Two Thousand and Eighteen.

(SGD.)— RODRIGO ROA DUTERTE

By the President:

(SGD.)— SALVADOR C. MEDIALDEA Executive Secretary