Abstract of the Study

The practice of short-term employment is growing fast. It has spread

throughout industries—from manufacturing to services. Because the global

competition arises, the number of businesses using contractual workers also

increases.

The purpose of this research was to study the implementation of No

Contractualization or ENDO abolishment in Super Metro Lucena. End of

contract or ENDO is the term used for contractualization of employees in the

Philippines. As distinguished from a regular worker, a contractual employee

works for a company for a limited time only and most often are not

exceeding six months. Short-term employment is becoming predominant

practice in many companies and some workforces who are usually employed

under the labor contractual agreements could end up on a path toward poverty.

In this study, the researchers, Grace S. Hutalla and Liwayway S.

Talabong, attempted to determine the demographic profile of the respondents

in terms of age, gender, marital status, home address, status of employment,

their business relation to the company, their date of employment, length of

service, job title or position, salary, department assigned and total numbers of

work per day. They also sought to get data if the employees were aware of
the new No Contractualization law, or if it was clearly disseminated or

discussed within their organization. What is the level of implementation and if

it is beneficial to the company itself, current employees or non- current

employees were also answered. Aside from these, the respondents were also

requested to answer if how many in their work organization were benefited

with the implementation of No Contractualization and what were the level of

effects to the company in terms of turnovers, tardiness, absenteeism,

productivity, salary, workforce and benefits.

The study was conducted in Super Metro Lucena at ML Tagarao

Street, Barangay 3, Lucena City. The researchers surveyed 87 respondents

who were composed of 24 merchandisers, 30 employees from rank and file

position, 5 security personnel, 18 supervisors and 10 utility personnel.

 Chapter I
INTRODUCTION AND BACKGROUND OF THE STUDY

Introduction and Background

ENDO or ending the unlawful practice of continuously hiring workers

on a contract-basis was among the most popular campaign promises of

President Rodrigo Duterte. It was remembered that during his campaign on

2015 election, he said that “In 6 months, the employee cannot develop his or

her skills. If they are hired, enhance their skills, you make them more

productive. Because they have the skills and placed them in a regular position,

they enjoy benefits not just for themselves but also for their family.” Duterte

also pointed out: "How can they sustain the needs of their family, feed their

children if you employ them for 3 months only? They do not have security

which results to unrest and instability back home." He also added “I will not

run a country that way. If those who have money won't accept this, then you

campaign against me. Make sure you will beat me. I will not go for it, it is not

a policy. It is not good," – (rappler.com.).

The time President Duterte won the 2016 elections, workers especially

who are under contract agreements throughout the Philippines waited for the

realization of his campaign promise to end "endo.” Prior his takeover, DOLE
or the Department of Labor and Employment had identified the number of

contractual workers at 1.3 million. The main agency in charge of this, the

Department of Labor and Employment (DOLE) headed by Secretary Silvestre

Bello III, guaranteed to stop labor contractualization (end of contract) by

2017 as part of his agenda. Because of his dedication and leadership,

Department of Labor and Employment (DOLE) was able to help around 36,

000 employees to be regularized by year-end of 2016. By 2017, 65,000

workers can assume finally to be free from contractualization scheme.

In Quezon, Super Metro Lucena or previously known as Metro Lucena

is one of the biggest businesses which hires and employs hundreds of workers

from Lucena City and from nearby provinces. It is owned and run by a multi-

national corporation- Metro Retail Stores Group, Inc. which was founded by

Mr. Victor and Sally Gaisano on 1982 in Cebu City. As of today, the

corporation is being run by their 4 children namely; Edward, Jack, Frank and

Margaret Gaisano together with the board of directors. Like other successful

businesses, it all started with their closest friends and families as workers.

They only had each other to do the task and selling.

At present, MRSGI operates in 52 stores in Central, Western and

Eastern Visayas as well as in Central Luzon, Metro Manila and South Luzon,
with three store formats comprising a department store, a supermarket and a

hypermarket.

Super Metro Lucena is the company’s 5th branch which opened last

July 2003. It is a department store and supermarket format. Since its opening,

it has given so many opportunities to lots of the natives of Lucena. After its

boom, Lucena City becomes one of the major destinations of jobseekers. It

has employed hundreds of workers and regularized some already.

In lieu of this, the researchers did the study to determine if “No

Contractualization” policy which is mandated by the national government is

strictly followed and complied by the establishment. The researchers would

like to know also its impacts to the current employees, non-current employees

and to the company itself. To determine how many were benefitted after its

implementation and what are the levels of its effects in terms of turnovers,

absenteeism, tardiness, salary, workforce/plantilla and benefits is also the aim

of this study.
Statement of the Problem

The study aims to find out and helps understand more about No

Contractualization of Super Metro Lucena. It also intends to identify its

effects to the company and to its current and non-current employees.

Specifically, the researchers seek answers to the following questions:

1. What are the demographic profile of the respondents in terms of:

1.1 age

1.2 gender

1.3 marital status

1.4 home address

1.5 status of employment

1.6 business relation to Super Metro Lucena

1.7 date of employment

1.8 length of service

1.9 job title or position

1.10 salary

1.11 department assigned

1.12 hours of work

 2. What is the level of awareness of Super Metro Lucena in No

Contractualization?

3. Are employees also aware of the No Contractualization?

4. What are the level of effects of No Contractualization to:

4.1 company

4.2 current employees

4.3 non-current employees

5. Is “No Contractualization” fully implemented at Super Metro

Lucena?

Significance of the Study

The result of this study would be helpful to the following for them to

have a better understanding with the topic:

To contractual employees, terminating ENDO can mean regularization

of a contractual worker. It means that the company he is working with will

now become his second home. From this home, possibly, he will acquire some

benefits and perhaps a higher compensation. Benefits for regular ones include

mandatory pension under Republic Act 7641 or based on the company’s terms

besides SSS pension benefits, better medical insurance or coverage, vacation

and sick leaves with pay, life insurance, de minimis benefits, allowances, sales
commissions, and other forms.. The regularized worker can even have

performance-based bonuses, merit increase during salary reviews, or be

entitled to profit share.

To regular employees, as regular ones, they should have better

understanding on No Contractualization because ending ENDO may consume

company resources and surely they may have to compete with one another in

order to move to a higher positions and opportunities. But in order to achieve

the common goal, as a human capital, regular employees should have a good

working relationship and should be effective with their performances. They

must be always inculcated that multiple regular employees would make jobs

easier and faster.

To the companies, being knowledgeable on the policy of No

Contractulaization, this study would make them more educated and they

would be able to understand the very purpose of this Act. While businesses

can add up the increased cost to customers, they have to assess and weigh up

between revenue management and market’s price sensitivity.

To the customers, as the cost production and services increases, could

expect and understand possible higher prices for the consumption of goods

and services.
 To the society, No Contractualization would help create more

independent workers with higher morale and integrity which could lead to a

stronger society. Workers with secured job would help the society thru their

taxes and improved buying power.

To the future researchers, this study would provide additional

information and new ideas, should they conduct similar study.

To the researchers, this study would provide them better understanding

about No Contractualization law, its effects and implementations to Super

Metro Lucena.

Scope and Delimitations

The study is focused on studying No Contractualization in Super

Metro Lucena at ML Tagarao Street Barangay 3, Lucena City, this year, 2017.

Moreover, it aims to understand the results after the implementation. As of

present the company has 679 employees working under its roof. Out of those,

we gather data from 87 selected and available respondents who are composed

of employees from supervisory and rank and file positions coming from

agencies, consignors, and metro direct. This company is chosen because it is

one of the biggest business establishments in Lucena City employing

hundreds of workers. It is very suitable for this kind of research.

Research Paradigm

Independent Variables

Dependent Variable

Figure 1: Research Paradigm of the study “No Contractualization in Super

Metro Lucena, Lucena City”

 The main purpose of the study is to determine the awareness and

effects of implementation of No Contractualization in Super Metro Lucena.

As shown in figure 1, the researchers identified the independent variables

which are composed of the demographic profile of the respondents, level of

awareness of Super Metro Lucena on No Contractualization, awareness of

employees on No Contractualization, level of effects of implementation of No

Contractualization. The data to be gathered would be analyzed and interpreted

in order to come up with the output of study; “What are the effects of

implementation in Super Metro Lucena.”

Definition of Terms

For better understanding of the topic, the following terms are defined:

Casual employees are employees who do not have regular or

systematic hours of work or an expectation of continuing work. A

typical casual employee is employed on a daily basis when the need arises.

(Retrieved 10/14/17,

www.thepeopleindairy.org.au/LiteratureRetrieve.aspx?ID=118669)

Contractualization refers to the practice of hiring employees who

would render their services for a finite amount of time, usually, for a few

months only. This is a system that has been practiced and used by many
companies, including large corporations. These enterprises often utilize this

arrangement in order to maintain their revenues (Retrieved 10/14/17,

http://asiapro.coop/contractualization-all-need-know/)

De Minimis Benefits are facilities and privileges of relatively small

value and provided by an employer to employees merely as a means to

promote their health, good will, contentment, or efficiency. These benefits are

exempt from withholding tax on compensation (WTC) and fringe benefits tax

(FBT).Jan 8, 2015 (Retrieved 10/14/2017,

https://www.pwc.com/ph/en/taxwise-or-otherwise/)

Endo means end of contract; it is also sometimes referred to as “5-5-

5” practice. This is because some employers hire workers and then terminate

their contracts after five months, to avoid regularizing them – something that

is mandated by the law. According to the law, an employee who has been

working for a company for six months should be regularized unless the

individual is not eligible to be a regular employee. (Retrieved 10/14/17,

http://asiapro.coop/contractualization-all-need-know/)

Probationary period or probation is a status given to new employees

of a company or business. ... It also allows an employer to terminate an

employee who is not doing well at their job or is otherwise deemed not
suitable for a particular position or any position. (Retrieved 10/14/2017,

https://en.wikipedia.org/wiki/Probation_(workplace)

Project-based employees are workers you hire for a

specific project often work for a specific number of weeks or months until

the project is finished. ... You can set the hours, define the exact manner of

work, provide office space and facilities, and restrict employment activities to

your workplace. (Retrieved 10/14/17, smallbusiness.chron.com)

Regular employees or Permanent employees do not have a

predetermined end date to employment. In addition to their wages, they often

receive benefits like subsidized health care, paid vacations, holidays, sick

time, or contributions to a retirement plan (Retrieved 10/14/17,

https://en.wikipedia.org/wiki/Permanent_employment)

Regularization is used to describe the process of becoming a regular

employee. It means that the employee qualifies for the permanent position in

the company. (Retrieved 10/14/17, https://www.lilkuya.com)

Seasonal employees are the ones who works 120 days a year or less

for the employer. These days need not be consecutive. For example, if

an employee works only for the months of January, July, and October, then
the employee is seasonal, since that is less than 120 days. (Retrieved 10/14/17,

www.tnhealthcarereform.com/seasonal-employee)

Back-office is the portion of a company made up of administration

and support personnel who are not client-facing. People who hold jobs in back

office positions carry out functions such as settlements, clearances, record

maintenance, regulatory compliance, accounting and IT services. (Retrieved

11/08/17, https://www.investopedia.com/terms/b/backoffice.asp)

Selling-Area one of the areas where a company sells

its products or services, often an area for which a particular sales person or

particular sales people are responsible.

 Chapter II
REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents some of the facts and information gathered by

the researchers, which are related to several studies conducted by various

authors, scholars and educators.

A. Related Literature

Local Literature

One manifestation of how contractualization has become prevalent is

that words like “Endo” and “5-5-5” have seeped into the vernacular. “Endo” is

the shortened version of “end of contract” and is used to refer to the definitive

end of contractual employment. It is also used to refer to workers who work

under such contracts.

Meanwhile, under “5-5-5,” workers can only work for five months at a

time, renewable for another two 5-month contracts, after which they can work

as open contract workers. The limit is at five months because under the Labor

Code, an employee who is allowed to work after the probationary period of

six months shall be considered a regular employee and shall be entitled to the

rights and benefits accorded such workers. The term “5-5-5” also likens the

employment to 555, a popular brand of sardines, and connotes that the canned

food is the only thing a contractual worker can afford to eat. (De-Confusing
Contractualization: Defining Employees Engaged In Precarious Work in the

Philippines by Mely Ann Emerie A. Cristobal and Efren II R. Resurreccion,

pp 346-348)

Freedom of Contracting

Various explanations for firms’ use of non-regular employment

contracts have been advanced in the literature, all of which point to cost

minimization. In order to survive in today’s increasingly internationalized

business environment, greater agility is required. Thus firms avoid being

locked in to production technologies that tie them to inflexible long-term

contracts with their workers, even when product demand is expanding. In this

situation, labor standards and job security regulations that make terminations

increase hiring costs (Lazear [1990]). Firms avoid these expenses by resorting

to employment contracts that escape coverage of existing labor laws. But as a

result, employment has become more risky and workers’ incomes increasingly

vulnerable to economic shocks. (Policy Brief Globalization, Adjustment and

the Challenge of Inclusive Growth, Issn # 2094-3342, By Emmanuel. F.

Esguerra and Kristine Laura. S. Canales, pp3-4)

Labor policies are the aspects of government policy that regulate

employment and workers’ welfare, from hiring to firing, from pre-to-post

employment. There are three major issues regarding Philippine labor policies.
One, they are based on the standards of highly developed markets, which is

not congruent with the country’s level of development. Two, labor policies are

highly regulatory and protective of workers’ rights, which is not suitable for a

country with a huge labor surplus. Thus, labor policies tend to be pro-

employment rather than employment-oriented, therefore aggravating the

unemployment problem. (Understanding Philippine Labor Policies; The

Philippine Review of Economics Vol. XLI No. 2, page 37)

Foreign Literature

Why do governments intervene in the labor market? The theory

underlying most interventions is that free labor markets are imperfect, that as

a consequence there are rents in the employment relationship, and that

employers abuse workers to extract these rents, leading to both unfairness and

inefficiency. For example, employers discriminate against disadvantaged

groups, underpay workers who are immobile or invest in firm-specific capital,

fire workers who then need to be supported by the state, force employees to

work more than they wish under the threat of dismissal, fail to insure workers

against the risk of death, illness or disability, and so on. In response to the

perceived unfairness and inefficiency of the free market employment

relationship, nearly every state intervenes in this relationship to protect the

workers.
 Regulation of labor markets aiming to protect workers from employers

takes four forms. First, governments forbid discrimination in the labor market

and endow the workers with some “basic rights” in the on-going employment

relationships, such as maternity leaves or the minimum wage. Second,

governments regulate employment relationships by, for example, restricting

the range of feasible contracts and raising the costs of both laying-off workers

and increasing hours of work. Third, in response to the power of employers

against workers, governments empower labor unions to represent workers

collectively, and protect particular union strategies in negotiations with

employers. Finally, governments themselves provide social insurance against

unemployment, old age, disability, sickness and health, or death. The basic

question addressed in this paper is what determines these choices of

government intervention in the labor market. (The Quarterly Journal of

Economics; The Regulation Of Labor By Juan C. Botero, Simeon Djankov,

Rafael La Porta, Florencio Lopez-De-Silanes and Andandrei Shleifer,

November 2004)

The Job as Property Right

In modern developed societies, by contrasts, the overwhelming

majority of the people in the labor force are employees of organizations… and

the “means of production” is the legal sense. But it is a “right” in the means of
production as real property. Today the job is the employee’s means of access

to social status, to personal opportunity, to achievement, and to power. (The

Changing World of Executive by Peter F. Drucker, New York, 1982)

Employment Law

From an article by W. Bently MacLeod entitled Great Expectations:

Law, Employment Contracts, and Labor Market Performance; in a widely

cited work, Wood (1877) argued for replacing the law with the rule of at-will

employment, where both parties can break the relationship whenever they

wish and face no liability beyond the requirement that the employer pay her

employee the agreed-upon wage for work already completed. Wood’s

argument was a pragmatic one, based on the bad experiences of many

employers and employees with the inflexibility of master-servant law.

As detailed in Feinman (1978), the new rule was quickly adopted by

the New York courts and remains the default rule today. In California, the

legislature adopted what is now Section 2922 of the California Labor code,

which provides that “employment, having no specified term, may be

terminated at the will of either party on notice to the other.”

Should a firm mistreat a worker, or have high standards for

performance or number of hours worked, the firm will have to pay relatively

high wages or else the worker will leave. Similarly, if a worker demands a
higher wage or better working conditions, the firm is free to search for another

worker who will abide by the current arrangements. In equilibrium, all firms

and workers are satisfied with their lot relative to the alternatives.

B. Related Studies

Local Studies

Fille Saint Merced Cainglet, Thea Elyssa Vega, and Jerome Albert T.

Zapata clearly stated in their study; “A Social Representations Study of

Contractualization,” that contracting has the potential to offer flexibility to the

worker as well as the firm. Rather than being locked into keeping the hours

designated by the employer, some contractors are able to vary their hours of

work in desirable ways.

Traditionally, subcontracting was confined mainly to activities

incidental to the operations of the business such as security, janitorial and

maintenance service. In recent years however, subcontracting has evolved into

complex arrangements and has encroached into areas of work regularly

performed by regular employees such as the production process and related

activities (Macaraya, 1997).

Emancipated social representations refer to perceptions shared by two

groups involved. The employer and the agency refer to contractualization as a

means for economic practicality, complex processes of outsourcing; loyalty of

the worker is towards the employer, avoiding unions.

From Mindanao State, a faculty member, Pamela F. Resurreccion, did

a study entitled “Less-than-six-months contract periods: Is the Retail Industry

Circumventing the Law?” which seek to answer if the retail industry is

avoiding the law through implementing a less than 6 months contract period.

Because subcontracting allows for flexible arrangements and lesser

employee benefits costs, this has been the easy lure for investors. While the

constitution recognizes the role of the private sector, the incentives for

investments may not necessarily involve subcontracting. It is in this light that

the 1987 Philippine Constitution becomes vulnerable to differing

interpretations.

In the practice of subcontracting majority of their employees by most

retail establishments, particularly by, but not limited to, department stores, it

appears that these establishments have observed a subcontracted employee

engagement period of less than six months. This certainly elicited cynicism

from among the labor advocates since six months is the maximum prescribed

probationary period preluding a regular tenure.

 Considering that a subcontracted employee voluntarily enters into a

contract with a principal with the knowledge of the employment period of less

than six months, such contract is deemed valid and void.

Vicente Paqueo and Aniceto Orbeta stated in their research study,

Beware of the “End Contractualization!” Battle Cry, that there is little doubt

that the “endo” practice is illegal. Therefore, to uphold the majesty of the law,

the government is obligated to end the practice. This fact, however, should not

prevent citizens from questioning the wisdom of the current worker

regularization law and from examining the need for its amendment. More

crucially, the outrage against illegal “endo” practices should not blind

politicians and voters to the potential adverse consequences of further

curtailment or prohibition of temporary employment and job outsourcing.

Temporary employment contracts and job outsourcing play a valuable

role in keeping an economy efficient, competitive and inclusive. Arguably,

further TEC curtailment and outsourcing are likely to result in worsening the

already inefficient and rigid regulatory environment governing Philippine

labor markets. First, it would disproportionately reduce good formal sector job

opportunities for disadvantaged workers. Second, the impact of a costly and

rigid regulatory environment worsened by additional labor market restrictions

is expected to be more pronounced over the long run. This is especially true
with the imminent Fourth Industrial Revolution which is foreseen to bring

about widespread jumps in the use of robots and automation of other devices

due to advances in artificial intelligence, digital technology as well as life and

other sciences.

The current one-size-fits-all regularization policy makes it more costly

and difficult for temps to become permanent employees and for small

enterprises to survive and grow. This policy means that a disproportionate

number of disadvantaged workers would be prematurely excluded from

permanent employment. On this point, a good number of them would

eventually be pushed to low income informal employment where they would

not have SSS, Pagibig, PhilHealth and other benefits currently enjoyed by

formal sector workers. As mentioned, the policy would also likely push many

small enterprises with serious financing and survival issues to stagnate or fail.

Foreign Studies

Hillary Thomas Wandera of St. Paul University studied “The Effects

of Short Term Employment Contract on An Organization: A Case of Kenya

Forest Service.” From her research, it was concluded that short term

employment results to: unscheduled turnover in an organization, low staff

morale and low productivity. Short-term employment affected productivity of

staff in the organization since a lot of time and effort was used in training new
employees as their turnover was high. The research also noted that the very

nature of temporary employment increases feelings of divided allegiance on

the part of temporary workers. This reduces their level of commitment and

hence their productivity. To cope with the effects of short term employment,

the study found that Kenya Forest Service was implementing the following

measures: gradually absorbing the temporary employees to permanent

employment whenever suitable openings arose, provided on job trainings to

short-term employees to equip them with skills so that they could be more

productive and frequently reviewed the compensation and benefits terms for

staff under short term contracts. The study found that in Kenya Forest Service

and Kenya in general, the use of temporary workers was on the increase due

to the need to cut down on costs of doing business as a result of difficult

economic situations facing the country and to competitively do business

globally.

In Ireland, “Temporary Employment Contracts and the Application of

Real Options Theory: A Case Study in the Irish Third Level Academic Sector

by Anthony Briody” discussed that the Irish Government has introduced a

moratorium on recruitment in the public service in March 2009. While the

moratorium is generally around monetary savings related to the public service

pay and pension bill, its aim is to restrict the filling of posts across the public
service including the higher education sector in which an employment control

framework was put in place to provide for the application of the cessation to

third level institutions. The moratorium also applies to temporary

appointments on a fixed-term basis and to the renewal of such contracts.

While permanent employment is always an option for an organization,

outsourcing can bring in the context of flexibility, irreversibility and

uncertainty which makes it significant.

Flexibility is of major importance to organizations in uncertain times

in order to cope with unforeseen contingencies. Such flexibility can be

achieved by using strategies that involve low commitments, with a high

degree of reversibility. Folta (1998) suggests organizations should avoid

internalization (for example, permanent employment contracts - the

transaction cost economics approach) at an early stage due to uncertainty. Van

de Vrande et al. (2006) advice flexibility and reversibility are more important

when uncertainty is high (for example, temporary employment contracts or

outsourcing).

According to the study of Elke J. Jahn and Michael Rosholm entitled

“Looking Beyond the Bridge: How Temporary Agency Employment Affects

Labor Market Outcomes,” there are concerns in Denmark whether temporary

agency work traps workers in poor-quality jobs, or whether it might act as a

 bridge into regular employment – especially for individuals otherwise

at risk of marginalization. Up to the present day, little research has been done

on temporary agency employment in Denmark.

The theoretical impact of agency employment on the employment

outcomes of the unemployed is not clear. On the one hand, temporary work

may improve workers’ human capital and also provide them with labor market

contacts that can later lead to stable employment In this case, temporary

agencies may reduce the time job-seekers spend looking for a new job and

may facilitate rapid entry into regular employment. If the labor market

tightens, client firms use temp agencies not only to screen potential candidates

to fill vacancies but also to buffer core workers in case demand declines in an

economic downturn Consequently, agency workers are the first to be laid off

in a recession.

Although the majority of job-seekers probably accept temp work to

avoid or escape unemployment, there may be also unemployed job-seekers

who choose temporary agency employment as a career choice, to obtain or

prolong eligibility for unemployment benefits, or to combine family

responsibilities with labor market participation

 Chapter III
RESEARCH METHODOLOGY

This chapter consists the research method used, research locale,

research respondents, research instruments, procedure for gathering data, and

statistical treatment of the data that were used by the researchers.

Research Method Used

This study is descriptive type of research that would be used by the

researchers in determining the levels and effects of implementation of No

Contractualizaton in Super Metro Lucena,

Descriptive research is a study created to illustrate the participants in

an accurate way. The three main methods to collect this information are:

Observational, defined as a method of viewing and recording the participants.

Case study, defined as an in-depth study of an individual or group of

individuals. Survey method, where participants answer questions administered

through interviews or questionnaires.

Research Locale

The researchers decided to conduct their study in Super Metro

Lucena, located at M.L. Tagarao Street, Barangay 3, Lucena City for it is very
convenient for the researchers to conduct survey to some employees since one

of them is employed in that company.

Research Respondents
 At present, Super Metro Lucena has a total of 679 workforces; 108 are

regulars, 125 are under probationary period, 39 are under labor contracts from

Easy Link Agency, 10 are seasonal employees, 357 are consignors (promos

and merchandisers) and 40 are from janitorial and security agencies.

From 679 employees, the researchers were able to get the sample size

of 87 respondents through the use of Slovin’s formula with the maximum 10%

error of tolerance and 90% confidence level. Slovin’s formula is a random

sampling technique formula to estimate sampling size. A confidence level

tells how reliable a measure is. Common standards used by researchers are

90%, 95% and 99%. Margin of error tells you how much error surrounds a

measure. It’s a percentage that describes how much the opinion and behaviors

of the sample you survey are likely to deviate from the total population.

(help.surveymonkey.com/articles/en_US/kb/How-many-respondents-do-i-

need)

Since it is not possible to study the entire population, a smaller sample

size was taken using the Slovin's formula which allowed the researchers to

sample the population with a desired degree of accuracy. It gave the

researchers an idea of how the sample size was identified.

Computation of sample size through Slovin’s formula;

Where: n = Number of samples, N = Total population, e = Error tolerance

n = 87.16 round off to make it 87

Research Instruments

In accomplishing the study, the researchers used a self-structured

questionnaire to determine the personal profile of the respondents and the

effects of No Contractualization to the company and to its employees.

The first part of the survey form is the demographic profile of

respondents in terms age, gender, marital status, home address, status of

employment, business relation to Super Metro Lucena, date of employment,

length of service, job title or position, salary, department assigned and number

of hours of work. The next part is composed of questions about company and

employee’s awareness of No Contractualization and what is the level of its

implementation. Moreover, this part would help to know if the

implementation of No Contractualization became beneficial and how many

were benefited. Definitely, this part also would make the researchers
understand the level of effects of its implementation to company in terms of;

turnovers, tardiness, absenteeism, productivity/ performance, salary, work

force, and benefits.

Prior to the survey, the questionnaires attached to permit letter were

submitted to QCRS, IM and were approved by the School Administrator, Ms.

Rona T. Lobos last October 17, 2017. Thereafter, the researchers explained to

the respondents the very purpose of the study before letting them answer the

guide questions.

Data Gathering Procedure

After the approval of the research topic and problems, the researchers

with the guidance of their professor came up with a set of questionnaires

which will help them to get the results resolving the statement of the

problems. Then, letters to conduct survey in Super Metro Lucena were duly

approved by the authorized signatories. Afterwards, the survey followed.

Aside from getting data through survey, the researchers also gathered

information from library and internet to make this research more informative

and effective. Finally, all the data were carefully collected and interpreted.

Statistical treatment
 After gathering all the answered questionnaires, the researchers

interpreted the results with the use of statistical tools. Surveyed answers were

evaluated by using frequency percentage.

Formula:

i. Percentage (%)

P = f x 100
N
Where:

P = Percentage distribution

f = frequency

N = Total number of respondents

To compare the proportion and distribution of the first and second part

of the questionnaire, frequency and percentage distributions were used as a

statistical tool.
 Chapter IV
ANALYSIS, PRESENTATION AND INTERPRETATION OF DATA

This chapter presents the gathered information which were tabulated

and analyzed for the purpose of presenting data in clearer form, for finding the

responses and understanding the problems that are presented.

Figure 1. The profile of respondents in terms of age

Figure 1 represents the age distribution of 87 respondents. Out of 87,

age bracket of 30 years and above got the highest distribution of 44 or

50.57%. Age bracket of 22 to 25 years old got the second most numbers of

respondents with 18 or 20.69%.

The third bracket for workers aged 26 to 29 years old got 15 respondents with

a percentage distribution of 17.24%. And the last age group of 18 to 21 years

old got the least distribution of 10 or 11.49%.

The data shows that most of the employees of Super Metro Lucena are

adults. This means that most of the respondents are matured enough to handle

the jobs assigned to them since they are grown-ups and have extensive

experiences. Moreover, when it comes to hiring, the company is now

accepting applicants 35 years old and below unlike in the previous practice

wherein the age requirement for an applicant is 18 to 24 years old only.

Figure 2. The profile of respondents in terms of gender

Figure 2 shows that out of the eighty-seven respondents, fifty of them

were male with percentage distribution of 57.47% and thirty-seven of them

were female with a percentage distribution of 42.53%.

The table shows that there’s a difference in numbers between male and

female respondents. Men are in majority because Super Metro Lucena

requires more physical effort in maintaining and piling of stocks. Moreover,

gender preference is not an issue anymore because the government forbids

discrimination in the labor market and endows the workers with some “basic

rights” in the on-going employment.

Figure 3. The profile of respondents in terms of civil status

The civil status of 87 respondents is presented in Figure 3. Majority of

the respondents were married, 43 or 49.43%, 42 or 48.28% were single and

only 2 or 2.3% were widow/ widower.

There is only a slim difference between single and married

respondents because both single and married people are considered as

breadwinners. In this company, some employees got married during their

employment in Super Metro while some singles remain singles because of

greater responsibilities for their families. Furthermore, there is no

discrimination now when it comes to civil status. Both single and married

workers are free to apply and get hired.

Figure 4. The profile of respondents in terms of residency.

RESIDENCY OF RESPONDENTS
R (77.01%)
80
e 70 67
60
s 50
40 (8.05%) (9.20%)
p 30 (1.15%) (1.15%) (3.45%)
o 20 7 3 8
10 1 1
n 0
d
e
n
t
s
Residency

The figure shows that 67 or 77.01% out of 87 total respondents reside

in Lucena City, followed by respondents residing in Tayabas with 8 or 9.20%,

Pagbilao with 7 or 8.05%, Sariaya with 3 or 3.45%, Batangas and Sariaya

with 1 or 1.15% each.

Majority of the workers are from Lucena City since Super Metro is

situated in the same area and is giving more opportunities to the city’s natives

or locals.
 Figure 5. The profile of respondents in terms of employment status

Figure 5 states the employment status distribution of 87 respondents. It

shows that there were 44 regular employees or 50.57%, 35 casual employees

or 40.23% and 8 under probationary period or 9.20%.

The majority were regulars because of loyalty and long tenancy. Some

of the regular employees started since the opening of Super Metro in 2003.

They helped the business sustained and expand. While some new employees

were benefitted and regularized only by the new implementation of No

Contractualization.
Figure 6. The profile of respondents in terms of business relation to Super

Metro Lucena

Figure 6 shows the business relation of respondents to Super Metro

Lucena. The data gathered shows that the 43 respondents or 49.43% were

directly employed, then 20 or 22.99% were from agencies, 19 or 21.84% were

consignees and 5 or 5.75% were project- based.

It clearly shows that the company is composed mainly of outright

employees who have vital role in the business’ growth. This indicates that

Super Metro still keeps more activities in-house especially for tasks which

require specialty and confidentiality by maintaining more numbers of outright

workers.
Figure 7. The profile of respondents in terms of date of employment

Figure 7 shows the employment date of 87 respondents. It is clearly

illustrated that most of the respondents, 18 or 20.69% of the total distribution

were recently employed in 2017. In 2016, 11 or 12.64% were employed. In

2015 and 2003, 10 or 11.49% each year were employed. In 2012, there were 8
or 9.20% of the total distribution. In 2013 6 or 6.90% were employed while in

2014, 5 or 5.75% were also hired. In 2007, 4 or 4.60% started their

employment while from 2009 to 2011, there were 3 or 3.45% hired each year.

Two respondents or 2.30% were deployed in 2004 and 2005. Both 2006 and

2008 had 1 or 1.15% of the total distribution employed.

This illustration merely states that most of the employees are new in

the business. This is because of the previous contractualization practice

wherein workers were being replaced every 5 months. With this kind of

system, workers have a slim chance to have a longer tenancy.

Figure 8. The profile of respondents in terms of length of service

Figure 8 states the profile of respondents in terms of length of service.

From the data, it is noticeable that 11 or 12.64% of the total sample has 1 year

length of service, followed by 2 and 14 years length of service with 10 or

11.49%, then 5 months and below with 9 or 10.34%. 6-11 months length of

service has 8 or 9.20% distribution. Then both 4 and 5 years length of service

have 7 and 8.05%, followed by 3 years with 6 or 6.90%. Both 7 years and 10

years have 4 or 4.60% respondents and 6 years of service with 3 or 3.45%.

When it comes to 8, 12 and 13 years length of service, there are 2 or 2.30%. In

9 years of service there is 1 or 1.15% same with 11 years with 1 or 1.15%

also.

With regards to length of service or employment, the illustration

shows that there are more new employees this year. This is contributed also by

the previous practice of contractualization (end of contract) which allows

workers to work for 5 months only. According to the old practice, five months

is enough time for a worker to do well in his job. Another common belief

among employers is that within five months, a worker should be able to do well

in his job and no longer make any mistake.

Figure 9. The profile of respondents in terms of job title/position

Figure 9 shows the different job titles of respondents and their

percentage distribution. Majority of it which is 30 or 34.48% of the total

respondents were from rank and file, promo/ merchandisers ranked second

with 24 or 27.59%, 18 or 20.69% were from supervisory positions, 10 or

11.49% were utilities and 5 or 5.75% were security personnel.

Figure 10. The profile of respondents in terms of salary range

The salaries of respondents are reflected in Figure 10. From the data,

there were 62 or 71.26% receiving salary that ranges from ₱9,000-₱12,000

followed by those 13 or 14.94% receiving ₱12,001-₱15,000. Then 11 or

12.64% were receiving ₱15,001-₱18,000 and only 1 or 1.15% of the total

respondents was receiving ₱18,001 above.

Most of the employees were receiving ₱9,000-₱12,000 monthly

because the company is comprised mainly of rank and file workers with

minimum salaries.
 An employee will be considered to be paid on a “salary basis” if the

employee regularly receives each pay period on a weekly, or less frequent

basis, a predetermined amount constituting all or part of the employee’s

compensation, which amount is not subject to reduction because of variations

in the quality or quantity of the work performed. Salary is typically

determined by comparing market pay rates for people performing similar

work in similar industries in the same region. Salary is also determined by

leveling the pay rates and salary ranges established by an individual employer

(Texas Workforce Commission Values, 2011).

Figure 11. The profile of respondents in terms of department assignment

In Figure 11, different employee assignments are shown. Majority of

the respondents which is 44 or 50.57% were from supermarket, 18 or 20.69%

were from back office, 11 or 12.64% were from housekeeping, 9 or 10.34%

were form department store and 5 or 5.75% were from security department.

The data shows that Supermarket has the most numbers of employees.

Since food is the basic necessity of people, supermarket creates more

transactions and customers, thus employed more manpower. Based from HR

data, almost half of total employees or 357 out of 679 are deployed in

Supermarket.
Figure 12. The profile of respondents in terms of number of hours work

Data in Figure 12 shows the distribution of respondents in terms of

numbers of hours work. Most of the employees, 84 or 96.55% of the total

respondents rendered 8 hours of duty per day while 3 or 3.44 % only rendered

12 hours of duty. Those 3 who worked for 12 hours were security guards.

The normal hours of work of any employee shall not exceed eight

hours a day. Hours worked shall include all time during which an employee is

required to be on duty or to be at a prescribed workplace and all time during

which an employee is suffered or permitted to work. Rest periods of short

duration during working hours shall be counted as hours worked.

(http://kittelsoncarpo.com/labor-employment/working-hours/)
Part II

This section shows the collected data on the level of awareness on No

Contractualization, its effects and benefits.

Figure 1

Figure 1 aims to answer the question if the respondents are aware of

the No Contractualization law implemented by the National government. As

illustrated; among the 87 respondents 84 of them or 96.55% acknowledged

that they were aware of the law and only 3 or 3.44% admitted that they were

not aware of it. Because of television, social media, and newsprints, many

became knowledgeable of the new implementations and changes administered

by the government.
Figure 2

This data illustrates if No Contractualization is being discussed or

disseminated in the work organization. It is clearly stated that 56 or 64.37% of

the total respondents agreed that they discussed this new policy inside their

work group. However, 31 respondents or 35.63% of the total distribution said

that they did not discuss nor disseminate it.

It is important in the organization that the employees were informed

and taught. Being aware of the law will make workers be knowledgeable

about their rights, allowing them not to be abused and to be treated equally as

working citizens of the Philippines

Figure 3

LEVEL OF IMPLEMENTATION OF THE LAW

50 (52.87%) 46
R
E 40 36
S
P 30
O
N 20
D
10 ( 5.75%) 5
E
N 0
T FULLY IMPLEMENTED PARTIALLY NOT IMPLEMENTED
S IMPLEMENTED
LEVEL OF IMPLEMENTATION

Level of implementation of the company on No Contractualization is

shown in this figure. According to the 46 or 52.87% respondents, the

company partially implemented it while 36 or 41.38% believed that No

Contrcatualization was fully implemented. However, there were still 5 or

5.75% who believed that it was not yet implemented.

Super Metro Lucena is partially implementing No Contractualization

through outsourcing. The company outsources staffs from Easy Link agency

because employing regular workers in favor of casual workers entails a lot of

expenses perhaps more than double than what a contractual employee will get

without benefits.
Figure 4

This figure answers the question if No Contractualization is beneficial

to company itself. From 87 respondents, 46 of them or 55.87% believed that

they were not certain if it is beneficial to the company. There were 29 or

33.33% from the total surveyed employees who answered yes; it is beneficial

to the company while only 12 or 13.79% believed that this new

implementation is not beneficial to the establishment.

The benefits of No Contractualization to company is really hard to

ascertain in employees point of view because the company’s standing or

performance is not usually disclosed to them. But based from reliable source,
Metro Retail Stores Group Inc. (MRSGI) continues to achieve solid bottom

line figures as it registered net profit of Php550 million or a 100% growth

over last year, and sales of Php24.4 billion or 2.9% growth for the first nine

months of 2017. This means that, that the company is continuously growing

even after No Contractualization has been implemented.

Figure 5

BENEFITS OF THE THE NO CONTRACTUALIZATION

TO EMPLOYEES
R
E
50 ( 45.98%) ( 43.68%)
40 38
S 40
P
O 30
N
D 20
( 10.34%)
E 9
10
N
T 0
S YES NOT CERTAIN NO
IS THE LAW BENEFICIAL TO THE CURRENT
EMPLOYEES?

While Figure 4 states if the employees believed if No

Contractualization is beneficial or not to the company, Figure 5 on the other

hand shows whether it is beneficial to the current employees or not. This

figure shows that most of the respondents answered yes. There were about 40

or 45.98% who believed that this new implemented law is beneficial to the

current employees while 38 or 43.68% were uncertain and 9 or 10.34%

definitely answered no.

Upon the implementation of No Contractualization some of the current

employees were given opportunities and became regulars. But some were not

lucky enough and ended their contracts due to performance and attitude

reasons.
Figure 6

BENEFITS OF THE NO CONTRACTUALIZATION

LAW TO NON-CURRENT EMPLOYEES

50
44
R 45
E 40 37
S 35
P 30
O
25
N
20
D
15
E
10 6
N
T 5
S 0
YES NOT CERTAIN NO
IS THE LAW BENEFICIAL TO NON-CURRENT
EMPLOYEES?

Figure 6 states if the law is also beneficial or not to non-current

employees. In this figure, it is shown that 44 or 50.57% of the total

respondents answered yes, it is beneficial while 37 or 42.53% were not certain

and 6 or 6.90% said that it is not beneficial to non-current employees.

For non-current employees, they will have greater opportunity to land

in new jobs and get regularized. Since No Contractualization took effect just

recently, there are still more opportunities and vacancies. Furthermore, there

were current employees who did not passed the probationary period which

gave opportunities to non-current employees.

Figure 7

TOTAL NUMBER OF BENEFICIARY OF THE NO

CONTRACTUALIZATION LAW
R 60
E (55.17%)
48
S 50
P
40
O
N (25.29%)
30
D 22 (19.54%)
E 20 17
N
T 10
S 0
25 EMPLOYESS BELOW 26-50 EMPLOYEES 51 EMPLOYEES ABOVE
HOW MANY ARE BENEFITED OF THE LAW?

When asked if how many were benefited with the implementation of

No Contractualization, respondents have different calculations and point of

views. Figure 7 showed that 48 respondents or 55.17% believed that there

were 51 employees and above who were being benefitted with the

implementation, 22 or 25.29% of the total surveyed samples believed that

there were only 25 employees and below who were regularized and 17 or

19.54% assumed that there were 26 – 50 employees who were benefitted with

No Contractualization.

According to HR, there were 125 employees who were put under

probations early this year. At present, almost all of them are already regulars

because they already passed their trainings and probationary period.

Figure 8

EFFECTS OF THE LAW IN TERMS OF TURNOVERS

50 (50.57%)
44
R
40
(36.78%)
E 32
S 30
P
O 20 (12.64%)
11
N 10
D
E 0
N INCREASED NO EFFECT DECREASED
T
S THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
TURNOVERS

Figure 8 shows the effects of No Contractualization in the company in

terms of turnovers; whether if they increased or decreased or if the

implementation had no effect to turnovers. This table shows that 44

respondents or 50.57% believed that there was no significant effect when it

comes to turnovers while 32 or 36.78% believed that turnovers had increased

and 11 or 12.64% believed that turnovers had decreased since implementation.

According to some study, short term employment results to:

unscheduled turnover in an organization, low staff morale and low

productivity. It also affected productivity of staff in the organization since a

lot of time and effort was used in training new employees as their turnover

was high. But based from the data, implementation of No Contractualization

did not affect the turnovers.

Figure 9
EFFECT OF THE LAW IN TERMS OF TARDINESS
(49.43%)
R 50 (42.53%) 43
E 37
S 40
P 30
O
N
20 (8.05%)
7
D 10
E 0
N
INCREASED NO EFFECT DECREASED
T
S
THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
TARDINESS

Effects of No Contractualization in the company in terms of tardiness

are presented in Figure 9. From the data, the implementation of No

Contractualization in Super Metro Lucena had no effect in terms of tardiness.

Based on the survey, 43 or 49.43% of respondents answered no effect while

37 or 42.53% said that there was an increased effect in tardiness and 7

respondents or 8.05% of the total percentage said that tardiness had decreased

since the implementation.

When a worker is always late to work, other employees might start to

feel no one in organization minds that that one person is late. The employees

may then conclude it won't matter if others are late, too. Once more personnel start

to come to work late simply because they can, an apathetic attitude toward the

workplace can emerge. Finding the reason for one worker's tardiness, and preventing

through transportation help, different hours or other adjustments will keep this

domino-like effect from occurring.

Figure 10

THE EFFECTS OF THE LAW IN TERMS OF

ABSENTEEISM
60
R (55.17%)
48
E 50
S (39.08%)
P 40 34
O
30
N
D 20
E (5.75%)
N 10 5
T
0
S
INCREASED NO EFFECT DECREASED
THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
ABSENTEEISM

When it comes to absenteeism, Figure 10 stated that 48 or 55.17% of

the total respondents claimed that the implementation of No

Contractualization had no effect to absenteeism but 34 or 39.08% agreed that

there was an increased effect while 5 or 5.57% answered that there was no

significant decreased in terms of absenteeism.

Absenteeism is very common to both regular and casual employees. It

is in the nature of the employees to make some excuses if they don’t feel like

working.
Figure 11

THE EFFECTS OF THE LAW IN TERMS OF

PRODUCTIVITY / PERFORMANCE
60 (59.77%)
52
R
50
E
S 40
P
O 30 (25.29%)
22
N (14.94%)
20 13
D
E 10
N
T 0
S INCREASED NO EFFECT DECREASED
THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
PRODUCTIVITY / PERFORMANCE

In figure 11, respondents were asked whether if No Contractualization

has an increased, decreased or no effect when it comes to productivity. From

the data gathered, 52 or 59.77% of the total respondents said that the

implementation had no effect in the productivity or performance of employees

while 22 or 25.29% agreed that the productivity of manpower had increased

and 13 or 14.94% of the total respondents said that performance had

decreased after the realization of No Contractualization.

One of the common arguments against regularizing staff is that

employees turn lazy and only deliver the bare minimum once they are
regularized. With this the company will suffer. But when employees know that

the company cares about them and their welfare and that the employer

genuinely wants them to do well, they give the best of themselves and go over

and beyond the call of duty in order to help the company succeed. In addition to

this, when a company provides benefits to its employees, there is a greater

chance that the employees will be more productive and motivated to work for

the company.
Figure 12

THE EFFECTS OF THE LAW IN TERMS OF SALARY

90 (91.95%)
R 80
80
S
70
E
S 60
P 50
O S
40
N 30
D (8.05%)
20
E 7
10
N 0
T 0
INCREASED NO EFFECT DECREASED
THE LEVEL OF EFFECTS IN TERMS OF SALARY

Figure 12 shows the answers for the question; what are the levels of

effects of No Contractualization in terms of salary. The data shows that there

were none who answered decreased but there were 80 respondents or 91.95%

of the total surveyed employees who said that since the implementation of No

Contractualization, there was no effect when it comes to their salaries.

However, there were 7 or 8.05% of the total respondents who said that there

was an increased in their salaries after the implementation.

Compensation is one of the important factors that affect the

satisfaction of the employees. If an employee feels that the salary given to

him/her is not enough that is the time that he/she will change his amount of

duty based on the salary he/she received.

Figure 13

THE EFFECTS OF THE LAW IN TERMS OF WORK

FORCE/PLANTILLA
(51.75%)
50 45
R (42.53%)
E 40 37
S
P 30
O
20
N
D (5.75%)
10 5
E
N 0
T INCREASED NO EFFECT DECREASED
S THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
WORK FORCE/PLANTILLA

Figure13 shows the level of effects of New Contractualization in terms

of workforce or plantilla. According to 45 or 51.72% of the total respondents,

the company had decreased its manpower since the implementation of the new

law. The 37 or 42.53% respondents believed that No Contractualization had

no effect to the company’s workforce. Whereas, 5 or 5.75% of the total

surveyed employees believed that there was an increase in manpower since

the execution of the law.

Workers are not mere employees of companies but they are active and

equal partners. Employees are business partners as well. Their own respective

interests and welfare are critical not only to themselves, but to the company as

well.
Figure 14

THE EFFECTS OF THE LAW IN TERMS OF BENEFITS

R 80 (77.01%)
67
E
S 60
P
O 40
(20.69%)
N 18
D 20 (2.30%)
E 2
N 0
T INCREASED NO EFFECT DECREASED
S
THE LEVEL OF EFFECTS OF THE LAW IN TERMS OF
BENEFITS

Figure 14 shows that 67 or 77.01% of the total respondents said that

the implementation of No Contractualization had no effect in employee

benefits while 18 or 20.69% believed that there was an increased effect since

the implementation. And there were 2 or 2.30% who believed that the benefits

had decreased since its execution.

Benefits are considered an “extra” aside for having monthly salary.

Benefits are non-financial form of compensation that serves as an addition to

enrich the employees’ lives. As the researchers interviewed the participants,

the company provides vacation leave, sick leave, health care, SSS, Pag-ibig

fund, 13th month, insurance to its employees. No additions were noted.

Employee benefit serves as a tool to recruit and retain responsible

employee inside the workplace. Also, it helps motivate the employees,

enhance corporate loyalty towards the company and better development and
improvement of job performance. By offering different benefits, these help

boost employee morale within the organization. Understanding and finding

out the needs of the employees in a company provides better relationship

between the employees and the management of the company.

 Chapter V
SUMMARY OF FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS

This chapter presents the summary of findings, conclusions and

recommendations made by the researchers after the analysis and interpretation

of the data gathered from the previous chapter. This also shows the

appendices and bibliographies which were used as reference during the study.

Findings

Based from the data gathered, the following were the findings:

1. When it comes to demographic profile;

1.1 Majority of the respondents are 30 years and older with 44 or

50.57% followed by 26 to 29 years old with 18 or 20.69%, 22 to

25 years old with 18 or 20.69% and 18 to 21 years old with 10 or

11.49%.

1.2 When it comes to gender, male got the higher number which was

50 or 54.47%. The percentage distribution of female was 37 or

42.53%.

1.3 As to civil status, married and single status almost got even.

Married respondents were 43 or 49.43% of the total sample size,

 while single were 42 or 48.28% and the least is widow which was

2 or 2.30%.

1.4 It is noticeable in this study that almost all of the employees of the

company were natives of Lucena. There were about 67 or 77.01%

from Lucena, 8 or 9.20% from Tayabas, 7 or 8.05% form

Pagbilao, 7 or 3.45% from Sariaya and 1 or 1.15% both from

Batangas and San Francisco Quezon.

1.5 For the status of employment, majority of 44 or 50.57% were

regular employees, followed by 35 or 40.23% casuals, and there

were still 8 or 9.20% who were under probationary period.

1.6 Most of the interviewees were outright employees consisting of 43

or 49.43% of the total sample, from agencies, there were 20 or

22.99%, there were also 19 or 21.84% consignors and 5 or 5.75%

project-based employees.

1.7 In terms of employment date, employees hired in 2017 were 18 or

20.69%, 11 or 12.64% in 2016, 10 or 11.49% both in 2003 and

2015, 8 or 9.20% in 2012, 6 or 6.90% in 2013, 5 or 5.75% in

2014, 4 or 4.60% in 2007, 3 or 3.45% in 2009 to 2011, 2 or 2.30%

in 2004 and 2005 and lastly 1 or 1.15% both in 20016 and 2008.

1.8 When it comes to length of service there were 11 or 12.64% who

were working for 1 year already, there were 10 or 11.49% both for
 2 years and 14 years. 9 or 10.34% were just new because they

were 5 months and below, followed by 7 or 8.05% both for 4 and

5 years, 6 or 6.90% for 3 years, 4 or 4.60% both for 7 years and 10

years, 3 or 3.45% for 6 years, 2 or 2.30% for 8, 12 and 13 years

already. Lastly there was 1 or 1.15% both for 9 years and 11

years.

1.9 As for their job titles or positions, majority of 30 or 34.48% were

from rank and file positions, 24 or 27.59% were merchandisers or

promos, 18 or 20.69% were supervisors, 10 or 11.49% were utility

personnel and 5 or 5.75% were security agents.

1.10For their salary, 62 or 71.26% has a salary range of 9,000-12,000,

followed by 13 or 14.94% who has 12,001-15,000 salaries, then

11 or 12.64% who has wage of 15,001-18,000 and lastly there was

one who earns 18,001 above.

1.11When it comes to their department assignments, 44 or 50.57% of

the total respondents were from supermarket, 19 or 21.84% were

from back-office, 10 or 1.49% were from housekeeping same as

department store and 5 or 5.75% were from security department.

1.12As to number of hours work, there were 84 or 96.55% who said

that they were working 8 hours a day while the remaining 3 or

3.44% claimed that they were working for 12 hours a day.

2. Part 2 of the questionnaire;

2.1 Respondents were asked if they were aware of the No

Contractualization Law, 84 or 96.55% of the total respondents

answered yes while only 3 or 3.44% answered no, they were not

aware of the law.

2.2 If the law was clearly discussed or disseminated in their work

environment, there were 56 or 64.37% who answered yes while

there were 31 or 35.63% who answered no.

2.3 In terms of the level of implementation of the law, 46 or 52.87%

said that it was partially implemented only while 36 or 41.38%

stated that it was fully executed and there were still 5 or 5.75%

who answered that it was not implemented yet.

2.4 The data gathered if No Contractualization was beneficial to

company, 46 or 52.87% were uncertain, 29 or 33.33% were sure

that it is beneficial to the company and 12 or 13.79% clearly stated

that it is not beneficial.

2.5 If beneficial to current employees, 40 or 45.98% answered yes,

while 38 or 43.68% were not certain and 9 or 10.34% said no.

2.6 In terms of non-current employees, 44 or 50.57% said yes it is

beneficial, while 37 or 42.53% respondents were not certain and 6

 or 6.90% said that the implementation was not beneficial to non-

current employees.

2.7 To give better understanding how many were benefited with No

Contractualization, 48 or 55.17 of the total surveyed personnel

said that there were 51 employees and above who were benefited

while 22 or 25.29% said there were only 25 employees and below

and the remaining 17 or 19.54% believed that there were about

26-50 workers who were regularized.

2.8 To identify better the results of No Contractualization,

respondents were asked what are the levels of effects after its

implementation in terms of turnovers. From the 87 samples 44 or

50.57% of them said that it did not affect the number of turnovers

while 32 or 36.78% agreed that staff resignations had increased

and 11 or 12.64% believed that it had decreased.

2.9 In terms of tardiness, there were 43 or 49.43% who believed that it

had no effect while 37 or 42.53% acknowledged that tardiness had

increased and there were still 7 or 8.05% who said that tardiness

had decreased since implementation of the law.

2.10As for absenteeism there were 48 or 55.17% who said that there

was no effect, 34 or 39.08% said that there was an increased effect

 and the remaining 5 or 5.75% believed that there was a decreased

effect.

2.11In terms of productivity or performance, 52 or 59.77% answered

no effect while 22 or 25.29% believed that there was an increased

effect and there were 13 or 14.94% who believed that performance

of employees had decreased.

2.12When it comes to salary, majority of 80 or 91.95% strongly

believed that there was no significant effect in their wages, only 7

or 8.05% believed or experienced increased in their salary while

none said that there was decreased in the salary.

2.13For number of workforces, 45 or 51.72 which is almost half of the

respondents believed that manpower had decreased since

implementation. There were also 37 or 42.53% who believed that

it had no effect in plantilla while there were still 5 or 5.75% who

said that workforce had increased.

2.14 Lastly, when it comes to benefits, majority of the respondents or

67 or 77.01% strongly believed that there were no effect or

movement in their benefits while 18 or 20.69% still believed that

the benefits had increased and 2 or 2.30% affirmed that the

benefits had decreased since the implementation of No

Contractualization in Super Metro Lucena.

Conclusions

Based from the findings, the following conclusions were drawn.

1. From the demographic profile; Most of the respondents are regular male

and company outright employees, married adults and residing in Lucena City.

Majorities of the respondents are newly hired and belong to rank and file

positions receiving a minimum salary. Majority are from Supermarket

department working minimum hours in a day.

2. Majority of the respondents are aware of the law implemented by the

government, but that the company had partially implemented No

Contractualization. Ending of contracts is not fully abolished but instead the

company used manpower agency as its leeway. For the employees whether No

Contractualization is beneficial to the company or not, they are still uncertain

if the law is beneficial to the company but guaranteed that it is beneficial to

current and non-current employees. Implementation in Super Metro Lucena

has no effect or impact when it comes to employee turnovers, absenteeism,

tardiness and productivity. When it comes to salaries and benefits, the

company did not give merit increases and additional bonuses. Another

seemed to be the effect when No Contractualization was implemented was

that the number of workforces had decreased.

Recommendations

Based on given conclusions, the following recommendations were

drawn;

1. Super Metro Lucena should provide jobs not just within Lucena City but

explores outside provinces in order to give opportunities to other natives.

2. When it comes to status of employment, it should still increase its regulars

or better yet do not rely on outsourcing by the use of Easy Link Agency in

order to comply fully with Government’s End of Contractualization.

3. The business should invest more for the trainings and seminars to increase

the potentials of new employees in order to make them more skillful and

competitive.

4. Update the benefits and wages of the employees.

5. As for the awareness of law, the company should conduct orientations and

seminars to educate them the worth, benefits and effects of No

Contractualization.

7. The employees must be educated about the company’s mission and vision

plus the core value in order for them to become more positive and productive.

8. General assemblies and awarding of gift certificates must be continuously

done for the employees who are consistently punctual and present to work.

9. Merit increases should be awarded yearly.

Appendices
History of Labor Laws in relation to Contractualization in the

Philippines

The practice of hiring “contractual employees” in labor-only

contracting arrangements emerged with the decline of the cabo system. Cabos

first emerged during the Spanish Regime. A cabo is an arrangement between a

shipping company and a labor organization whereby the latter, as an

independent contractor, engages its members, who are paid through union

payrolls, to provide arrastre and stevedoring services to the company. At

present, the cabo system is prohibited under the Implementing Rules of the

Labor Code.

In the Philippines, the contemporary trend of contractualization

started in the export processing zones in the 1970s. The first export processing

zone was created in Bataan in 1969. In 1972, President Ferdinand Marcos

enacted Presidential Decree (“P.D.”) No. 66, which created the Export

Processing Zone Authority. Section 13 allowed the Authority to establish a

merit system governing the recruitment, transfer, promotion and dismissal of

all personnel, including temporary workers. It also provided that the Civil

Service Law and regulations of the Wage and Position Classification Office

would not be applicable to the workers, effectively exempting them from the

ambit of labor laws.

 1997, DOLE Department Order (“D.O.”) No. 10-97 was issued,

amending the Implementing Rules of Books III and VI of the Labor Code. It

prohibited labor-only contracting but allowed subcontracting, provided that

the contractor or subcontractor carried on a distinct and independent business

and had substantial capital, and the agreement between them and the principal

assured the contractual employees’ right and benefits. 22

Four years later, in 2001, the said department order was modified by

D.O. No. 3-01, which added the element of a direct business relation, such

that employees recruited, supplied or placed by such contractor or

subcontractor must not be performing activities which are directly related to

the main business of the principal; otherwise, the scheme would be deemed

labor-only contracting, which the same issuance still prohibited.23

In 2002, the DOLE again exercised the power granted to it under

Article 10624 of the Labor Code by issuing D.O. No. 18-0225 which

interpreted Articles 106 to 109 of the Labor Code. It provided for a trilateral

relationship in contracting arrangements, with the principal, contractor or

subcontractor, and the workers as parties thereto.

D.O. No. 18-02 declared the practice of contractualization as legal for

as long as it did not fall within the category of “labor-only contracting,” which

is measured by the amount of capital and control of the supposed employer. It

also equated security of tenure with having a definite contract, instead of the
regular and permanent status previously enjoyed by workers who have worked

for more than six months. D.O. No. 18-A-11, the latest interpretation to Art.

106, superseded D.O. No. 18-02 but did not propose substantial changes. It

merely added more prohibitions under labor-only contracting.

Under the new order, DOLE Secretary Silvestre Bello III said that

terminating the service of a worker after the expiration of his service

agreement with his employer is no longer allowed. With the new policy,

expects the regularization of more workers and the end to illegal contractual

employment schemes. “What we are envisioning is that assuming that we

continue with the contractual operations as provided by law, regular workers

will continue to become regulars and those being outsourced by service

provider will also attain the status of a regular employee,” Bello pointed out.

To ensure only legitimate contractors can engage in permissible

contracting arrangements, DOLE has set higher capital requirements for such

enterprises, from P3 million to P5 million.

A contractor shall also maintain a working capital requirement

equivalent to 50 percent of the total salary of all employees to ensure workers

shall be paid even if there are collection difficulties.

 DOLE also requires contractors to post P100, 000 cash bond and

additional bond amounting to 50 percent of the salary of 10 percent of its

employees. Contractors must also provide financial assistance to employees

waiting for new assignment, for a maximum of three months. If the three-

month period lapses without the worker getting new employment, the

contractor should give him or her separation pay. Violators of the new DO

face cancellation of registration as well as fines ranging from P10, 000 to

P50,000.

He said the new DO ensures that workers in legitimate contracting

arrangement can enjoy their right to security of tenure as well as just and

humane working conditions.

Metro Retail Stores Group net income doubles in first 9 months

Metro Retail Stores Group Inc. (MRSGI) continues to achieve solid

bottom line figures as it registered net profit of Php550 million or a 100%

growth over last year, and sales of Php24.4 billion or 2.9% growth for the first

nine months of 2017.

“We are encouraged by our overall results,” said MRSGI chairman

and chief executive officer Frank S. Gaisano. “This shows the effectiveness of
our business strategy which continues to improve our profitability. Our

increasing gross margins are direct results of merchandising improvements

and investments in operational efficiencies,” added Gaisano.

MRSGI is on track to meeting its commitment to doubling its gross

floor area by 2020 since the company’s public listing two years ago.
Figure 1

Above data from Human Resource Department shows that after the

implementation of No Contractualization, there were 125 personnel who were

regularized. No more casual employees were directly employed after No

Contractualization took effect. The data also shows that Super Metro Lucena

started to hire some of its employees thru Easy Link agency. And right after

the implementation, it can also be observed that the manpower has decreased.

From a total of 692 last year, the workforce was reduced to 679.
 Figure 2

Figure 2 shows the effect of No Contractualization in terms of

employee tardiness and absenteeism. The data from HRD shows that the

lateness and nonattendance to work had increased after the implementation of

No Contractualization. The prohibition of ENDO nationwide gives the

employees their leeway not to perform well in their jobs and report to their

posts whenever they want. They became lax knowing that they can still find

other jobs and be regularized in some companies.

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