Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
DEPARTMENT CIRCULAR NO. 01, Series of 2017
Clarifying the Applicability of Department Order No. 174, Series of 2017
I. Purpose
This Circular is issued to clarify the applicability/non-applicability of Department
Order No. 174, series of 2017, or the new Rules Implementing Articles 106 to
109 of the Labor Code of the Philippines, as amended, to persons,
establishments or companies in specific industries based on the nature of
business and contractual relationship consistent with other applicable laws,
rules and regulations.
II. Non-Applicability of D.O. No. 174, Series of 2017, to BPO/LPO/KPO
D.O. 174, Series of 2017, applies only to trilateral relationship which
characterizes contracting or subcontracting arrangement. It does not
contemplate to cover information technology-enabled services involving an
entire or specific business process such as:
- Business Process Outsourcing
- Knowledge Process Outsourcing
- Legal Process Outsourcing
- IT Infrastructure Outsourcing
- Application Development
- Hardware and/or Software Support
- Medical Transcription
- Animation Services
- Back Office Operations/Support
III. Applicability/Non-Applicability of D.O. No. 174, Series of 2017, to
Construction Industry; Coordination with PCAB-CIAР
Contracting or subcontracting arrangements in the construction industry under
the licensing coverage of the Philippine Contractors Accreditation Board
(PCAB) shall be governed by Department Order No. 19, Series of 1993
(Guidelines Governing the Employment of Workers in the Construction
Industry); Department Order No. 13, Series of 1998 (Guidelines Governing the
Occupational Safety and Health in the Construction Industry); and DOLEDPWH-DILG-DTI and PCAB Memorandum of Agreement-Joint Administrative
Order No. 1, Series of 2011 on coordination and harmonization of policies and
programs on occupational safety and health in the construction industry.
Section 2, Subparagraph 2.5 of Department Order No. 19, Series of 1993,
provides:
"Contracting and subcontracting. - The practice of contracting out
certain phases of a construction project is recognized by law,
particularly wage legislations and wage orders, and by industry
practices. The Labor Code and its Implementing Regulations allow
the contracting out of jobs under certain conditions. Where such
job contracting is permissible, the construction workers are
generally considered as employees of the contractor or
subcontractor, as the case may be, subject to Article 109 of the
Labor Code, as amended."
Pursuant to Presidential Decree No. 1746, Series of 1980, licensing and the
exercise of regulatory powers over the construction industry is lodged
with the Philippine Contractors Accreditation Board (PCAB) of the
Construction Industry Authority of the Philippines (CIAP).
The PCAB registers all types of contractors in the construction industry and
regulates the same by ensuring compliance with DOLE issuances. Thus, the
DOLE through its Regional Offices shall not require contractors licensed by
PCAB to register under D.O. 174, Series of 2017. However, findings of
violation/s on labor standards and occupational health and safety standards
shall be coordinated with PCAB for its appropriate action, including possible
cancellation/suspension of the contractor's license.
Contractors licensed by PCAB which are engaged in other contracting or
subcontracting arrangement in addition to, or other than construction activities
shall be required to register under Department Order No. 174, Series of 2017.
IV. Applicability/Non-Applicability of D.O. No. 174, Series of 2017, to Private
Security Agencies
Except for the registration requirements as provided for in D.O. No. 174, Series
of 2017, contracting or subcontracting arrangements in the private security
industry shall be governed by Department Order No. 150, Series of 2016
(Revised Guidelines Governing the Employment and Working Conditions of
Security Guards and other Private Security Personnel in the Private Security
Industry).
V. Non-Applicability of D.O. No.174, Series of 2017, to Other Contractual
Relationships
D.O. No. 174, Series of 2017, applies only to trilateral relationship which
characterizes contracting or subcontracting arrangement. It does not
contemplate to cover contractual relationships such as in contract of sale or
purchase, contract of lease, contract of carriage, contract growing/growership
agreement, toll manufacturing, contract of management, operation and
maintenance and such other contracts governed by the Civil Code of the
Philippines and other special laws.
D.O. No. 174, Series of 2017 does not also cover the contracting out of job or
work to a professional, or individual with unique skills and talents who himself
or herself performs the job or work for the principal.
VI. Effectivity
This Circular shall take effect upon the effectivity of Department Order
No. 174, Series of 2017.
Manila, Philippines. 09 JUNE 2017
SILVESTRE BELLO III
Secretary
