How to cope with "tokhang" in contractualization
The role of management lawyers like this writer is not to fight government but defend the rights and interests of clients within the framework of law and business ethics. The president has refused to sign the draft executive order totally abolishing outsourcing but, to appease the labor sector, ordered DOLE to come up with a list of principal employers and service contractors engaged in labor-only contracting. This is a virtual ''tokhang'' list that may result to the closure of both erring principal employers and wayward agencies and cooperatives. That latest directive from Malacañan is spreading fear among businessmen who are likewise being besieged by tremendous pressures on taxation brought about by the TRAIN law.
As a consultant to a number of establishments all over the country, my team and I conducted research and discussions on how to help the business sectors cope with the latest DOLE initiatives. Happily, we have found a very good coping mechanism, and I have discovered the secrets to surviving, if we may say so, a government that "interferes so much" in private businesses and exercise of management prerogatives.
I discovered a proactive mechanism that will give the businessmen some self-confidence and peace of mind while waiting for DOLE labor inspectors armed with inspection authority. I know how to prepare executives, managers, supervisors, the HR department, and the company lawyers on easy-to-use mechanisms. I have also discovered a legal and ethical way of avoiding being tagged by labor inspectors as engaging in labor-only contracting. These are all secrets and, obviously, I cannot discuss the details here. But they are readily available to my clients.
I also discovered the secrets to protect legitimate service and job contractors, including agencies and cooperatives from the much-dreaded tag of "labor-only contractors." As I have said, these are secrets but those who know how to get in touch with me through the email address below may also discover these very vital secrets for business survival. I assure you that our techniques are perfectly legal, totally ethical, and there is nothing hanky-panky about them. Whenever companies are inspected they come to me for solutions to negative findings. They come to me to prepare their position papers and their appeals.
The smartest business owners and managers are those who come to me before the problem. I am engaged in preventive mechanisms, very easy, with no risk, very practical and sensible. Above all, it gives peace of mind to the businessmen and their executives and management team. I have discovered a hashtag for this: A solution looking for a problem.
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