Published by Department of Labor and Employment(DOLE) on Aug. 4, 2023.
Requested from DOLE by L. Figueroa at 09:37 AM on
Aug. 4, 2023.
Purpose: Inquiry on what I shall do
Date of Coverage: 07/18/2022 - 08/04/2023
Tracking no: #DOLE-767894476155
L.FIGUEROA
Aug. 4, 2023, 9:37 a.m.
My employer gave me my 1st contract as an employee on July 18, 2022 to Dec 17, 2022. After my 1st contract I was not given any contracts to sign with and continued to work up until now Aug 3, 2023. On Jun 6 2023, I was given two contracts, Dec 18, 2022 to May 17, 2023, and May 18, 2023 to Oct 17, 2023. I did not sign it because the contract is overdue. Since I am convinced that I am already a regular employee at the end of 180 days and I have been working for 1 year now, I asked my employer to clarify my employment status. Now they are forcing me to sign the contract. What shall I do? Thankyou
J.PUGATE
Aug. 4, 2023, 6:07 p.m.
August 4, 2023
Dear Luis,
Thank you for your request dated Aug 04, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for I am being force to sign a contract that is overdue.
We received your request on Aug 04, 2023 and will respond on or before Aug 25, 2023 09:37:48 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzY3ODk0NDc2MTU1DA, for request with ticket number #DOLE-767894476155.
Thank you.
Respectfully,
Josefina Pugate
FOI Officer
R.AQUINO
Aug. 7, 2023, 12:53 p.m.
August 7, 2023
Dear Luis Figueroa,
Greetings!
Thank you for your request dated Aug 04, 2023 09:37:48 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for I am being force to sign a contract that is overdue.
“A regular employment contract is an employment arrangement between an employer and a regular employee wherein the latter has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
A regular employee is one who has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, as defined under the Labor Code.
Employment contract is not required to prove existence of employer-employee relationship and regular employment status of an employee.
The law is tilted towards the protection of employees. So, even in the absence of the contract, it would look towards the actual relationship between the employer and employee. In case there is an employer-employee relationship, then it does not matter whether a contract is present, the employer still has to fulfill his/her obligations as an employer.
One of the assistance that DOLE can offer is SEnA. It is an administrative approach to provide a speedy, impartial, and inexpensive settlement procedure of labor issues or conflict to prevent them from ripening into full-blown disputes or actual labor cases. With SEnA, a conference is scheduled for the employee and the representative of the employer to meet at DOLE Office (personal or through online), and with the aid of a SEADO Officer (DOLE personnel) we will assist you with your concerns.
You may file SEnA thru online by accessing this link https://sena.dole.gov.ph/
Lastly, you mentioned that you are being forced to sign a contract, you may bring the said contract to any DOLE Field Office and request for assistance in interpreting the same, if the terms therein are in compliance with labor laws and regulations.”
Thank you.
Respectfully,
Engr. Joseph P. Gacosta
FOI Decision Maker
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