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                  JCS Early Bird Deadline        CGBP What is MCLE?
    
presents

Tuesday, 11 DECEMBER 2012 * 9:00AM to 5:00PM
EDSA SHANGRI-LA HOTEL, MANDALUYONG CITY, PHILIPPINES
As the principals in contracting relationships, employers are not liable for the claims of individuals deployed by contractors since these persons are not their employees. However, there are pitfalls which if companies fail to avoid can make them liable for various employment claims as if the workers of contractors are their employees. Mistakes committed in dealing with contractors will hound companies relating to liabilities such as illegal dismissal, back wages, reinstatement, separation pay, money claims, SSS, Philhealth, Pag-Ibig and social legislation benefits, among others. This can cost you millions of losses years ahead when unresolved.

In this pioneering one-day seminar, our labor expert will teach business owners, employers and contractors of outsourced services all the laws and regulations on valid contracting and subcontracting. We will reveal to you all the technicalities and share with you valuable insights, best practices tips and strategies to avoid these pitfalls, traps and liabilities.

Whether you are outsourcing your janitorial, security, accounting, sales, construction, property management, logistics, merchandising, PR, adver-tising, design functions or others, this seminar will be very useful to you!


   ONE-TIME SEMINAR
   Limited Seats Only, Pre-Registration Required

   REGISTER NOW
   Avail of Early Bird and
   Group DISCOUNTS


   Contact Person: Camille Jonas
   Manila lines (+632) 556-8968 or 69
   Manila Telefax (+632) 842-7148 or 59
   Cebu lines (+63 32) 512-3106 or 07
    Email: camille@cgbp.org
    Check: http://www.cgbp.org



Course Director & Lecturer: Atty. Elvin Villanueva – is the author of the book, “Valid Contracting and Subcontracting”, that inspired the making of this seminar. He is a specialist in and practitioner of labor laws. He has written 11 other best-selling books namely: Guide on Employee Compensation and Benefits Vol. 1 & 2; Guide to Valid Dismissal of Employees; Guide on Wage Order & Minimum Wage; Gabay sa mga Karapatan ng mga OFWs; HR Forms, Notices & Contracts Vol. 1 & 2; Employee Transfer & Demotion; Leave Benefits; and How to Pass the Bar Examination.




Who Should Attend:

         • Business Owners
         • Board Directors
         • Company Presidents & Top
         Management Decision-Makers
         • HR Practitioners & Managers
         • Lawyers
         • Trade Union Representatives
         • Business Consultants
         • Those in outsourcing businesses

   ____________________________
   Seminar Investment is P8,980
   inclusive of Meals, Resource Kit, &
   Certificate of Attendance
Business World Online International Chamber of Commerce Tri-ISys Forbes College



Best Practices Guide to Valid Job Contracting and Subcontracting

What Decision-Makers Must Know About Contracting Outsourced Services

Edsa Shangri-La Hotel, Mandaluyong City, Philippines
9:00am to 5:00pm, Tuesday, December 11, 2012


Course Outline

I.     Constitutional Bases of Contracting & Subcontracting

       a. Promotion of Welfare (Section 18, Article 2)
       b. Full Protection to Labor (Section 3, Article 13)
       c. Guarantee for Rights to Self-Organization (Section 3, par 2, Article 13)
       d. Promotion of Full employment (Section 9, Article 2)
       e. Promotion of Social Justice (Section 1, Article XIII)

II.    Laws, Rules and Regulations Governing Contracting & Subcontracting

       a. Article 106 of the Labor Code, as amended
       b. Article 107 of the Labor Code, as amended
       c. Article 108 of the Labor Code, as amended
       d. Article 109 of the Labor Code, as amended
       e. D.O. 18-A, Series of 2011, Rules Implementing Articles 106-109 of the Labor Code, as amended
       f. Article 248 (c) of the Labor Code, as amended, which disallows contracting out of services or functions being performed by union
          members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
       g. Article 280 of the Labor Code, as amended which classifies employees into regular, project or seasonal employees;
       h. Article 2180 of the Civil Code, under which the principal, in a civil suit for damages instituted by an injured person, can be held liable
          for any negligent acts of the employees of a labor-only contractor;
       i. Republic Act No. 5487 and its implementing rules, which regulate the operation of security agencies;
       j. Jurisprudence interpreting the foregoing laws;
       k. Department Circular No. 1, Series of 2012;
       l. Department Order No. 19, Series of 1993 (Guidelines Governing the Employment of Workers in the Construction Industry);
       m. Department Order No. 13, Series of 1998 (Guidelines Governing the Occupational Safety and Health in the Construction Industry)
       n. D. O. No. 19, Series of 1993, for subcontracting arrangements in the construction industry; and
       o. Contractual stipulations provided these are not in conflict with Labor Code provisions, jurisprudence, and D. O. Nos. 18-A and 19.

III.   Important Definitions

       a. Contracting
       b. Subcontracting
       c. Contractor
       d. In-house agency
       e. Principal
       f. Right to control
       g. Solidary liability

IV.   What is Permissible Contracting?

       a. Nature of relationship of the parties on permissible contracting
       b. Permissible contracting is expressly allowed by law
       c. Requisites of legitimate job contracting or subcontracting
       d. Concept of independent contractor
       e. Difference between subcontractor and private recruitment and placement agency (PRPA)

V.    Labor-Only Contracting

       a. Definition of labor-only contracting
       b. Labor-only contracting is expressly prohibited
       c. Distinction between permissible contracting and labor-only contracting
       d. Power of the Secretary of Labor to determine existence of labor-only contracting
       e. Criteria for the existence of labor-only contracting
       f. The presumption is that a contractor is a labor-only contractor
       g. Elements of labor-only contracting
       h. Substantial capitalization
       i. Performance of directly related jobs
       j. Right to Control
       k. DOLE Certification that an entity is a job contractor
       l. Effect of labor-only contracting
       m. Principal may still be held liable even in the absence of labor-only contracting

VI.   Bond Requirement in Job Contracting

VII.  Concept of Reimbursement

VIII. Prohibited Activities Other Than Labor-Only Contracting

IX.   Payment of Wages of Employees in Contracting Arrangement

       a. Payment of wages as element of employer-employee relationship
       b. Payment of wages need not be made directly to prove this element
       c. Pay slip to prove who paid the worker’s wage
       d. Joint and several liability for non-payment of wages
       e. The court takes judicial notice of the practice of employer of not issuing pay slip to evade liabilities
       f. Status in contracting relationship determines parties’ liability for payment of wages

X.    Dismissal from Employment of Employees in Contracting Arrangement

XI.   Concept of Floating Status, Off-Detail or Reserve Status

XII.  Rules on Registration, Renewal and Revocation of Registration

XIII. Rules Governing Contracting in Construction Industry

       a. Department Order (DO) No. 19-93 is the prevailing rules on contracting in construction industry
       b. Coverage
       c. Practice of contracting and sub-contracting in the construction industry is recognized by law
       d. Workers, where job contracting is permissible, are employees of the contractor
       e. Classification of employees employed in the construction industry
       f. Definition of project employees
       g. Definition of non-project employees
       h. Definition of probationary employees
       i. Meaning of regular employees
       j. Definition of casual employees
       k. Indicators of project employment
       l. Security of tenure of project employees
       m. Statutory benefits of construction employees
       n. Wage rates shall depend on the skills or level of competence but not lower than the prescribed minimum wage
       o. Basis in determining rates for workers paid by results
       p. Liability of the construction company and general contractors to the workers in their employ
       q. Wage increases shall be borne by the principal and the contract shall be deemed amended accordingly
       r. Completion of project or phase thereof and its effect on employment status of workers
       s. Bonus upon completion of the project or phase thereof when there is such an undertaking
       t. Project employees, as a rule, are not entitled to separation pay if separation is due to completion of project
       u. Instance when project employees become entitled to separation pay
       v. Situation when project employees become regular
       w. Meaning of “day” in day certain
       x. Instance where there is no regularization notwithstanding one-year duration of employment
       y. Reckoning period for the completion of the project
       z. Dismissal from employment of project employee
       aa. Separation pay of employees

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SEMINAR FEE PER PERSON: P 8,980 (Fee covers Meals, Resource Kit, Certificate of Attendance)

GET AS MUCH AS 15% DISCOUNT! AVAIL OF ANY OR ALL OF THE FOLLOWING:

Less 5% for early registrants (on registrations made on or before November 11, 2012)
Less 5% for early payment (if made on or before December 1, 2012)
Less 5% for group registration (minimum of 3 participants)

REGISTER NOW to avail of Early Bird and Group DISCOUNTS
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Share |
Download: Flyer - Black&White (.PDF 436kb)
                         Course Outline (.PDF 287kb)