A subcontractor is subject to the laws and rules listed in question 4. A PRPA is subject to Articles 25 to 39 of the Labour Code and the rules for transposing these articles. c. The agreement between the contractor and the contractor or subcontractor guarantees contract workers the right to all labour protection standards, the free exercise of the right to self-organization, the safety of exploitation and social and social benefits. However, the removal of the DOLE registry does not mean that a subcontractor will no longer register at all. A subcontractor must continue to follow the registration or licensing procedures required by other applicable laws. For example, a company or co-operative wishing to act as a subcontractor should continue to register with the Securities and Exchange Commission or the Cooperative Development Authority. Similarly, the removal of the DOLE register does not exempt a subcontractor from the authorisation or authorisation requirements that are managed by the relevant regulatory authorities. While D.O. No. 3 D.
O. No. 10 has rendered it inoperative, the existing jurisprudence nevertheless provides definitive clues. In two recent cases, decided by the Supreme Court (Vinoy v. National Labor Relations Commission, G.R. No. 126586, 02 February 2000, and Lim v. National Labor Relations Commission, G.R. No. 124630, 19 February 1999), the definition of legitimate subcontracting is cited in D.O.
No. 10 as follows: chanrobesvirtual brlibary. The subcontractor who is able to take over the delivery of work or service independently; and the purpose of the DOLE register of subcontractors is specific. When a subcontractor enters this register, it has the presumption that it has engaged in legal subcontracting. The burden of proof that it is an illegitimate subcontractor or an illegal subcontractor then rests with the person who argues it. With revocation, there is no longer any difference between DOLE registered subcontractors and those who are not .c. Employees who are instructed by the subcontractor to perform the work or service.