Memo On Uniform Implementation of DO 174
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Republic of the Philippines
DEPARTMENT OF I.ABOR AND EMPLOYMENT
Intramuros, Manila
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MEMORANDUM --.-_
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TO ALL REGIONAL DIRECTORS ^;.;cvv6.9 6v; )4g.1d)
SUBJECT UNIFORM IMPLEMENTATION OF DEPARTMENT
ORDER NO, 174, SERIES OF 2017
DATE 31 March 2017
To ensure the uniform implementation of Department Order No. 174, Series of
2017 , or the Rules lmplementing Articles 106 to '109 of the Labor Code, as amended,
please be guided by the following:
'1. Effectivity of D.O. No. 174, Series ot 2017
D.O. No. 174, Series of 2017 shall take effect on 03 April 20'17. Henceforth,
all contracting and subcontracting arrangements shall be governed by D.O.
No. 174, Series of 201 7.
2. Eflect of D.O. No. 174, Series ot 2017 to D.O. No. 162, series of 2016
D.O. No. 162, Series of 2016, which suspends the registration of new
applicants as contractors or subcontractors under D.O. No. 18-A, is effectively
lifted upon the effectivity of D.O. No. 174, Series of 2017.
New application for registration shall be processed in accordance with the
provisions of D.O. No. 174, Series of 2017 .
3. Effect of D.O. No. 174, Series of 2017 to Existing Certificate of
Registration of Contractors and Subcontractors under D.O. No.'18-A,
Series of 2011
Existing Certificate of Registration of Contractors and Subcontractors under
D. O. No. 18-A, Series of 2011 shall remain valid until its expiration.
Contractors and Subcontractors registered under D. O. No. 1B-A, Series of
201 1 need not yet file an application for renewal of registration under D.O.
No. 1 74, Series of 2017.
4. Pending Application for Renewal of Certificate of Registration Under
Department Order No. 18-A, Series of 2O11
Pending application for renewal of Certificate of Registration under D.O. No.
'1
8-A filed before the effectivity of D.O. No. 1 74, Series of 2017 shall be
processed in accordance with the provisions of D.O. No. 18-A, Series of 20'l 1 .
Application for renewal filed before the effectivity of D.O. No. 174, Series of
2017 by contractors or subcontractors whose Certificate of Registration under
D.O. No. 18-A has not yet expired or is not yet expiring pursuant to Section
21, D.O. No. 18-A shall be denied.
4. Effect of D.O.No. 174, Serl of 2017 on Existing Servlce Agreement
and Employment Contract
Contracts and agreements executed under D.O. No. 18-A, Series of 201 1
shall not be impaired or diminished consistent with the provisions of the Labor
Code, the Civil Code and existing jurisprudence. Thus, rights, benefits and
obligations of parties to an existing Service Agreement or Employment
Contract under D.O. No. 18-A, series of 201 1 shall be respected until its
expiration.
5. Effect of D,O, No. {74, Serles of 20'17 on Pending Labor Standards
Cases and Cancellation of Reglatration
D.O. No. 174, Series of 2017, has no retroactive effect on cases pending
before its effectivity. Thus, resolution of said cases shall be governed by the
applicable provisions of D.O. No. 18-A, Series of 2011 .
6, Publlcatlon of the List of Contractors/Subcontractora with Expiring and
Explred Reglstration in the Reglon,
All Regional Offices are directed to publish a notice to the public of
contractors/subcontractors with expired or expiring registration based on the
Registry of Legitimate Contractors/Subcontractors/Service Providers in the
Region. Contractors/Subcontractors with expired registration are directed to
cease and desist from engaging in contracting/subcontracting activities while
those with expiring registration are directed to renew their Certificate of
Registration at least 30 days before expiration. The notice to be published
should include the following information:
. Name or business name of the contractor/subcontractor and the
registered place of business;
. Name/s of the owner/s or proprietor/s for sole proprietorship; and
o Name of the President, General Manager or Chief Executive Officer in
the case of corporation, partnership or cooperative.
The notice should also state that pursuant to Section 20 of D.O. No. 174,
Series of 2017, subcontractor/contractor operating in a region other than
where it is registered should obtain a duly authenticated copy of its Certificate
of Registration from the registering DOLE Regional Office, and submit the
same, together with a copy of the Service Agreement, to the Regional Office
where it is operating for inclusion in the Registry of Legitimate
Contractors/Subcontractors/Service Providers in the Region.
7. Pendlng Appllcation for Renowal of Certificate of Registration and
Pendlng Labor Standards Cases and Cancellation of Reglstration
All applicatlon for renewal of Certiflcate of Reglstration, labor standards
cases, and cancellation of registration which are still pending shall be
resolved without further delay.
For guidance and strict compliance.
Secretary
