Palace admits totally ending endo not possible, unless law is amended

April 2, 2018

Malacanang admitted on Monday that completely ending contractualization or "endo" is not possible by a mere executive order of President Rodrigo Duterte.

In a press briefing, Senior Deputy Executive Secretary Menardo Guevarra said to totally ban contractualization, the Labor Code should be amended.

"The main problem there is those that they (labor groups) want to happen are something that the executive is not empowered to do, there's really a need for legislative action. Because that is Labor Code, there are provisions against contractualization, but allowing for some in some areas," he said.

"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. 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," Guevarra explained.

Labor groups have been pressing Duterte since he assumed office in June 2016 to issue an EO to stop endo.

But up to now, the Palace is trying to harmonize the three drafts of the EO prepared by the labor group, the Department of Labor and Employment and the Office of the President.

"So, I hope you will understand the limitations of an executive order," Guevarra said.

He said there would only be a "slim chance" that an EO would be issued by Duterte and if he does, "not really on the substantive side."

"Maybe it's really more on strictly enforcing the existing provisions of the law...but substantial amendments. That's legislative. That's congressional," he said. Celerina Monte/DMS