Debt collection industry

1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits. (Section 2[a], Rule I DOLE Department Order No. 155, Series of 2016) “Collector” – refers to a person engaged by a […]

Cases: Independent Contractors – Individuals

These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his […]

Duty detail order, Private Security

1. Concept Duty Detail Order – refers to a written order/schedule/assignment issued to a security guard and other private security personnel by a superior officer, usually the private security agency or branch manager or operation’s officer, for the performance of security and/or detective service duty/ies. (Section 2[b], D.O. No. 150, Series of 2016) 2. Contents […]

Right to security of tenure, Private Security

1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their services can only be terminated for just or authorized causes after due process. (Section 10.1, D.O. No. 150, Series of 2016) 2. Due process a. Just cause termination For termination […]

Statutory benefits, Private Security

1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours, work shift and workdays and other analogous conditions, which benefits should be included in the cost distribution in the Service Agreement: a. Basic salary 1) Basic salary for all actual […]

Employment terms and conditions, Private Security

1. Employer-employee relationship The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on duty detail to a principal or client under a Service Agreement. (Section 3.1, D.O. No. 150, Series of 2016) NB: 1) Private Security Personnel – refers to natural persons, including […]

SSC/PSA Responsibilities and Liabilities, Private Security

1. Solidary Liability and Responsibilities The Security Service Contractor / Private Security Agency (SSC/PSA) and its principal or client shall be jointly and solidarily liable with each other in any of the following circumstances: 1) When the SSC/PSA fails to pay the wages of its security guards and other private security personnel, the principal or […]

SSC/PSA Service Agreements, Private Security

1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms and conditions governing the performance or completion of security service, job, or work being farmed out for a definite or predetermined period. (Section 2[j], D.O. No. 150, Series of 2016) […]

Labor-only Contracting

Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All contractors are presumed to be labor-only contractors by default. ▪ Finding of labor-only contracting results in the principal being declared as the employer. ▪ There are illicit forms of employment […]

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the deployed personnel, and not the principal. ▪ Labor-only contracting results if the principal exercises control over the deployed personnel. ▪ Right, and not actual, control is sufficient. 1. Concept Controlling […]