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ADMINISTRATIVE ORDER No. 05 Series of 2024

June 15, 2024

POLICY ON EMPLOYMENT PRACTICES: EQUIVALENT RIGHTS IN OUTSOURCING ARRANGEMENTS

Policy Statement

The Universidad de Manila (UDM) recognizes the essential role of outsourced personnel in supporting university operations and service delivery. In alignment with the principles of decent work, social justice, and fair labor standards as enshrined in the 1987 Philippine Constitution, the Labor Code of the Philippines, and the International Labor Organization (ILO) conventions, this policy guarantees that workers contracted through third-party service providers are afforded rights and working conditions equivalent to those enjoyed by directly employed university personnel performing similar functions.

Objectives

This policy aims to:

    1. Ensure outsourced workers are treated with fairness, dignity, and equality in the workplace;
    2. Safeguard compliance with minimum labor standards by accredited contractors and service providers;
    3. Promote transparency, equity, and accountability in UDM’s outsourcing practices;
    4. Support inclusive employment and social protection for all categories of workers.

Scope and Coverage

This policy applies to all outsourced personnel deployed within UDM premises or in connection with UDM’s academic, administrative, or auxiliary services, including janitorial, security, clerical, maintenance, ICT support, and other similar services. It covers all contracts entered into between the university and third-party service providers or contractors.

Policy Guidelines

    1. Equivalent Employment Standards
      Outsourced personnel shall be entitled to wages, benefits, working hours, rest periods, health and safety protections, and other conditions of employment that are at par with the standards afforded to UDM’s regular personnel performing comparable duties.
    2. Non-Discrimination and Inclusion
      The university shall ensure that outsourcing arrangements do not result in differential treatment on the basis of gender, age, nationality, religion, disability, sexual orientation, or civil status. Women and marginalized groups must be afforded equal opportunity for employment and workplace protections.
    1. Labor Rights and Freedom of Association
      All outsourced workers shall enjoy freedom of association, including the right to join or form workers’ organizations and engage in collective bargaining. UDM shall not impede such rights, and any service provider engaged by UDM must demonstrate respect for these rights in their labor relations.
    1. Contractual Compliance by Service Providers
      The Human Resource and Administrative Services Office (HRASO) shall ensure that all third-party service contracts include:
      • Provisions requiring the contractor to comply fully with existing labor laws, including DOLE Department Order No. 174, Series of 2017;
      • A stipulation ensuring that contractor employees receive equivalent pay, social security, PhilHealth, Pag-IBIG, and other statutory benefits;
      • A mechanism for reporting and redressing labor violations;
      • Non-retaliation provisions for complaints raised by contracted workers.
    1. Monitoring and Evaluation
      The university shall establish a compliance review mechanism, led by HRASO and the University Legal Office, to regularly monitor contractor practices, audit records of employment benefits, and respond to grievances raised by outsourced staff.
    1. Sanctions for Non-Compliance
      Any third-party service provider found in violation of labor rights or contractual obligations may be subject to the following:
      • Suspension or termination of contract;
      • Disqualification from future university procurements;
      • Referral to DOLE for investigation or legal action.

Grievance and Mechanism

Outsourced workers may lodge employment-related grievances through the University Grievance Committee or directly to the Human Resource and Administrative Services Office. The university shall ensure that all complaints are heard confidentially, impartially, and without risk of retaliation.

Policy Review

This policy shall be reviewed every three (3) years, or earlier if necessary, in consultation with labor stakeholders and relevant government agencies to ensure its continued relevance, compliance, and effectiveness.

Downloadable File