A SOCIAL REPRESENTATIONS STUDY OF CONTRACTUALIZATION

A SOCIAL REPRESENTATIONS STUDY OF CONTRACTUALIZATION
A Thesis
Presented to
The Faculty of the Psychology Department
Ateneo de Manila University
In Partial Fulfillment
Of the Requirements for the Degree
Bachelor of Science in Psychology
By
Fille Saint Merced Cainglet
Thea Elyssa Vega
Jerome Albert T. Zapata
2012

ACKNOWLEDGEMENTS
We thank God, Deus semper maior, our God who is always so much more, for imparting us with skills,
endurance and passion for the pursuit of this research. The researchers see this opportunity as a
response to the call of those in need. Thy kingdom come and thy will be done. Ad Majorem Dei
Gloriam.
We thank Dr. Elizabeth Macapagal, our thesis adviser, for patiently and willingly guiding us all
throughout the process.
We thank Ma’am Joy Calleja, for sharing her expertise and insights and extending her help to us.
We thank the School of Social Sciences, Sanggunian ng Mag-aaral ng Ateneo de Manila for the Project
Grant and Ana Raymundo, School of Social Sciences Chair, for providing insights.
We thank Dr. Tina Montiel and Dr. Agustin Rodriguez for inspiring us with their works as it motivated
us to pursue this research.
We thank Mr. Renato “Ka Rene” Magtubo, the Chair of the Labor Party of the Philippines and
Mr. Gerry Rivera, PALEA President, Vice Chair of the Labor Party of the Philippines as they willingly
gave time, shared their experiences and insights regarding the process of contractualization.
We thank our families (Papa, Mama, and Trista Vega) for the additional insights and for helping us get
pertinent documents regarding labor laws and labor cases for the research.
We also thank Ate Beth Clemena for helping us contact our participants.
We thank the Philippine Daily Inquirer, Ateneo Center for Organizational Research and Development
(Ateneo CORD), TV 5 Balitanghali for providing us with avenues in featuring our work.

TABLE OF CONTENTS
I.INTRODUCTION....................................................................................................................1
Defintiion of worker..................................................................................................................2
Events in the Philippines that Resulted in the Prevalence of Contractual Employees .............3
Marcos Era...........................................................................................................................3
Herrera Law.........................................................................................................................4
Definition of Contractual Workers ...........................................................................................5
Review of Related Literature....................................................................................................7
Different Types of Employment ........................................................................................8
Regular Employees....................................................................................................8
Project Employees.....................................................................................................8
Seasonal Employees..................................................................................................8
Casual Employees .....................................................................................................9
Varying Agents Involved in Contractualization .................................................................9
Private Firm’s Pursuit of Contractual Workers.......................................................10
Agencies that Employ Contractual Workers ...........................................................11
Contractual Workers Welfare in the Philippines.....................................................13
Some Labor Laws in 1987 Philippine Constitution .........................................................14
Court Cases Involving Contractual Workers ....................................................................15
Coca Cola Bottlers Phil Inc. vs. Dela Cruz..............................................................15

Philippine Airlines Inc. vs. Ligan.............................................................................16
Purefoods Corporation vs. National Labor Relations Commission .........................16
Social Representations ......................................................................................................17
The Dynamism of Social Representations ................................................................18
Social Representations and Inter-Group Relations...................................................20
Types of Social Representations...............................................................................23
Hegemonic Social Representation...............................................................23
Emancipated Social Representations...........................................................24
Polemic Social Representations ..................................................................24
Conceptual Framework ...................................................................................................26
Statement of the Problem.................................................................................................29
II. METHOD .............................................................................................................................30
Design......................................................................................................................................31
Participants..............................................................................................................................32
Measures .................................................................................................................................34
Procedures...............................................................................................................................35
Actual Procedure...........................................................................................................36
Data Analysis ..........................................................................................................................37
III. RESULTS............................................................................................................................38

IV. DISCUSSION......................................................................................................................70
Synthesis of Findings.................................................................................................................70
Hegemonic Social Representations.....................................................................................71
Absence of Security of Tenure ......................................................................................71
Variable Worker Benefits ..............................................................................................74
Flawed Business Scheme .............................................................................................78
Variable Working Procedures .......................................................................................80
Confusion Regarding Employee Types.........................................................................82
Power Relations.............................................................................................................85
Emancipated Social Representations ....................................................................................89
Emancipated Social Representations between Employer and Worker ...........................89
Presence of Fly by Night Agencies Worsen Work Conditions..................................89
Professional Relationship between employer and worker..........................................91
Emancipated Social Representations between Employer and Agency...........................92
Economic Practicality ...............................................................................................92
Complex Process of Outsourcing...............................................................................94
Loyalty of the Workers is Perceived to be Inclined Towards the Client...................96
Avoiding Unions ........................................................................................................97
Polemic Social Representations ............................................................................................99
Polemic Social Representations by Contractual Workers............................................100
Learned Helplessness ...............................................................................................100
Variability of Job Satisfaction and Motivation.........................................................102
Difference in Loyalty towards Employer and Agency.............................................104

Polemic Social Representations on Contractualization by Contracting Agencies..............107
Priority Towards the Client’s Welfare......................................................................107
Polemic Social Representation on Contractualization by the Employer.............................108
Outsourcing as a means of Hiring Peripheral Workers.............................................108
Diversion of the Problem of Contractualization to Another Party ............................110
Implications of the Study..........................................................................................................113
Reflexivity.................................................................................................................................118
Limitations and Recommendations...........................................................................................118
Conclusion: Social Representations of Contractualization.......................................................120
REFERENCES........................................................................................................................122
APENDDIXES.........................................................................................................................130
A. Interview Questions....................................................................................................130
B. Consent Form..............................................................................................................131

Abstract
The study uses the framework of Social Representations in analyzing the process of
contractualization in the Philippines. The representations of the contractual workers,
contracting agencies and employers about contractualization were garnered. These were
analyzed thematically with the use of hegemonic, emancipated and polemic social
representation types. The hegemonic social representations are as follows: absence of security
of tenure, variable worker benefits, flawed business scheme, variable working procedures,
confusion regarding employee types, and power relations. The emancipated social
representations of the employer and the agency are: contractualization as a means for economic
practicality, complex processes of outsourcing, loyalty of the worker is towards the employer,
avoiding unions. Emancipated social representations between contractual workers and
employers are: presence of fly by night agencies worsen work conditions, professional
relationship between employer and worker. No emancipated social representations were found
for the worker and the agency. The employers’ polemic social representation regarding
contractualization are outsourcing as a means of hiring peripheral workers, diversion of the
problem of contractualization to another party. The contracting agency’s polemic social
representation regarding contractualization was the priority towards client’s welfare. Lastly,
the polemic representations of the workers were learned helplessness, variable job satisfaction
and motivation, difference in loyalty towards employer and agency. The themes which
surfaced per group were reminiscent of the contesting social stakes that thee different groups
have.

CHAPTER I
INTRODUCTION
Contractual work has been one of the most problematic schemes concerning labor
relations in the Philippines since the worker is deprived of certain rights and security
(Macaraya, 1997). The agents involved in the prevalence of contractual work or sub-
contracting are the private firm’s Human Resources department, the contracting agency and
the contractual employees themselves. Using the Social Representations theory, the research
aims to qualify the agents’ perspectives on their representation of contractualization, the
process of outsourcing employees through sub-contracting agencies where the employees lack
security of tenure. The research aims to study the various social representations on
contractualization of three existing trilateral employer-employee relationships with different
types of contractual employees such as maintenance, janitorial, and security.
There is a widening gap between the workers in the formal and informal sectors in the
Philippines. The former comprises of regular workers and has security of tenure. On the other
hand, the contractual workers are part of the informal sector where they do not have security of
tenure, are not qualified to be given benefits; and are not allowed for representation in their line
of work (Inocian & Lao, 2007).
The researchers, through a qualitative research method, want to explore the social
representations of the contracting agency, private firm (employer) and the contractual workers
themselves regarding the concept of contractualization. This research would also allow
clarification regarding the trilateral employer-employee relations relationship since status quo
suggests that there is a discrepancy or confusion in the understanding on who really employs

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the casual or contractual workers, the agency or the private firm. Through Social
Representations Theory, the intentions and priorities of the various agents will be seen with
regard to contractualization. At the same time, a better understanding can be deduced regarding
their own contexts.
Definition of Workers
The terms workers and laborers are to be used interchangeably in this paper. The terms
worker and laborer refer to an individual who is part of a particular field, activity or cause.
The individual, who works for a particular occupation, is one who does manual or industrial
labor (Collins, 2009). In the Philippines, majority of workers remain to be in the informal
sector in status quo. Prior to 2003, it was estimated that about 50 % of the country’s entire
labor force comes from the informal sector (Inocian & Lao, 2007). The workers who are
irregular or casual are part of the informal sector. These workers have casual or contractual
jobs wherein they do not receive security of tenure or benefits. Regular workers, on the other
hand, are part of the formal sector. Regular workers usually have their employee benefits and
security of tenure. However, the gap between the two sectors is widening. The workers from
the informal sector, even after a due period of time, enabling them to become eligible for
regularization, are often not given the chance and opportunity to receive proper benefits as
regularized employees, thus still not being included in the formal sector.
The informal sector’s role in the overall productive capacity and the viability of the
entire productive forces within the local economy has been critical (Inocian & Lao, 2007). The
workers in the informal sector contribute to the masses of cheap labor workforce. Employment
has always been a critical issue in the Philippines. Since there is already an obvious shortage of

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jobs in the country, some Filipinos resort to Overseas Contractual Work. National Statistics
Office (2010) states that there are 2 million Filipino Overseas Contractual Workers and
individuals who opt to stay in the country and find work, on the other hand, are somehow
underpaid and unrepresented. There is still inadequate protection for the workers and amenities
are quite insufficient even if there is urgency to the issue of labor relations (Inocian & Lao,
2007).
Neglected and taken for granted, the informal sector and the non-regular employees
are excluded from effective labor relation strategies and the enforcement of minimum labor
standards. The informal sector and non-regular employees are largely unorganized and thus not
fully represented in critical decision and policy making bodies in private and local
governments (Inocian & Lao, 2007).
The 1987 Labor Code of the Philippines aims to provide security for the formal and
informal workers. However, the Labor Code is still limited as most of its provisions are
focused on regular employees and overseas contractual employees. The casual employees have
been included in the Labor Code, but the code did not elaborate on their right to representation
and right to be regularized after due time. The Labor Code’s basic premise relies on the control
exercised by the employers, or those who seek service over the employee and the work or
service rendered by him or her (Macaraya, 1997). Commission – paid employees, also, were
not even included in the Labor Code.
Events in the Philippines that Resulted to Prevalence of Contractual Employees
Marcos’ Era. The attempt to revise the ‘import substitution’ began during the
Marcos Era in the implementation of the export-oriented strategy, according to the Litong et al.
study (2002; as cited in Inocian & Lao, 2007). This led to the extraordinary rise of the

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country’s GNP and GDP, which is largely attributed to the ballooning of external debt
throughout the decade of 1970s. Within the decade, unemployment and under-employment
trends played a major role in the health of the national economy.
Thus, any amount of economic development did not lead to the massive creation of job
opportunities. The country’s employment status remained stagnant, if not continually eroding.
Alonzo (1991; as cited in Inocian & Lao, 2007 ) pointed out that at that time of economic crisis
in the 1980’s, as heavily protected industries collapsed, workers laid off from their jobs sought
refuge in self-employment that could not offer the same security as their former jobs (Inocian
& Lao, 2007).
Herrera Law. In 1989, Republic Act 6715 was passed by then Senator Ernesto
Herrera. This was considered the first major revision of the Labor Code. Republic Act 6715
mainly focused on labor relations. RA 6715 allowed primacy of “free collective bargaining,
voluntary arbitration, mediation and conciliation” as modes of settling labor or industrial
disputes. It also aimed to promote free trade unionism as the instrument for the enhancement of
democracy and promotion of social justice and development, ensuring participation of workers
in decision and policy-making processes affecting their rights, duties and welfare. However,
RA 6715 just did a rehash of what is already present in that context. Instead, they lessened the
number of recognized unions to just one union per company. The representatives for the
collective bargaining were also set to a minimum and should only be coming from one union in
the company. Moreover, some regular workers who are not part of the recognized union in the
company would consequently not be given representation. Representation actually downgraded
due to RA 6715. Also, it did not give due importance to employment and labor standards and
welfare (Jimenez, 2004).

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Prior to the Herrera Law, the Philippines had a more vibrant union movement. The
labor movement was able to compel the government to legislate increases in the minimum
wage from time to time, on top of the increases unions were able to gain in collective
bargaining agreements. There was a significant decrease in the number of unionized workers,
meaning fewer workers had representation from the management. The fall in the number of
unionized workers and their ability to fight for wage increases and better working conditions
would necessarily result in worsening poverty for wage earners. Because of these acts, it was
more difficult for workers to strike (Salamat, 2010).
Salamat (2010) also states that there is a lengthy, complicated prerequisite in
registering unions. Irregular workers, then, are not given any form of representation. They are
not allowed to participate in collective bargaining as they are not allowed to form unions. As
stated earlier, only one union is permitted per company. The union in one company is then
limited to the membership of only regular workers. Many new unions have been denied
recognition because of their contractual nature of work. Companies deny employment to
unionized workers. To avoid this, the job contracting agency, becomes the employer. Through
Social Representations, the researchers explore the different social realities regarding
contractualization which are experienced by the various agents. The discrepancy regarding the
real employer of the contractual worker can be realized.
Definition of Contractual Workers. Flexibility of labor in corporate globalization
is deemed as a prerequisite in the workforce. Contractualization of labor in the Philippines
weakens the traditional power and concept of the unions (Macaraya, 1997). With the Philippine
membership to World Trade Organization, contractualization was used to attract the investor in
the form of a huge army of cheap, docile labor. A screening process at the Export Processing

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Zone Authority used local governments to screen applicants, making sure that there are no
employees that have prior experiences to unionizing. “Labor” seems to have lost its
independent potential force when it evolved into its passive name, “human capital” (Macaraya,
1997). Human capital consists of “improvements made in the labor embodied in human beings,
such as education or training to hone skills” (Byrns & Stone, 1981).
The different types of employees in the Philippines which are recognized in the Labor
Code (1987) are as follows: regular employees, term employees, project employees, seasonal
employees and casual employees. These varying types suggest different benefits and
privileges. Even if the Labor Code suggests that there is a basic right for all employees, casual
employees, still, are deprived of rights in actuality. They cannot be regularized even after a
year of working, not have security of tenure, and can just be terminated at the expense of the
firm (Inocian & Lao, 2007). The agency and firm’s context should also be taken into
consideration. There is a possibility that the needs of the workers are not being addressed since
there is no proper avenue for the agency and the firm to find out about their concerns.
With this bias and injustice to the efforts’ of workers, a historical lens was used to
unravel the progression of the rampancy of workers’ contractualization in the Philippines. The
root cause of workers’ contractualization was seen during the Marcos’ Era where the Herrera
Law (Republic Act 6715, 1989) greatly changed the Labor Code of the Philippines. Due to the
aggregate effects of these two Republic Acts, the demise of the Philippines’ Labor Relations
began. Contractual workers were not allowed to participate and be represented in collective
bargaining. At times, even regular workers are not given representation if the union they joined
is not duly recognized by the government. The addition of another entity, the contracting
agency, made the employer -employee relationship more difficult to comprehend since the

7
private firm insists that the new party, the contracting agency, should be deemed responsible
for the welfare of the contractual employees and not the private firm. Then the faulty employer
- employee relationship between the firm and the employees began where the employees do
not know who they exactly work for. Thus, this present research aims to qualify the
representations of the various agents regarding their views on contractualization.
Review of Related Literature
Since the historical background on the emergence of contractual workers in the
Philippines was already discussed, the Review of Related Literature will focus on the agents in
the trilateral employment relations: the private firm, principal or employer, contractor or the
agency, and the contractual employees. There will also be a discussion of the three court cases
(Coca Cola Bottlers Phil Inc vs. Dela Cruz, Philippine Airlines Inc vs. Ligan and Purefoods
Corporation vs. National Labor Relations Commission) filed in the Supreme Court of the
Philippines regarding the abuses brought about by contractual work. Pertinent labor laws from
the Labor Code of the Philippines (1987) will also be discussed to have a better understanding
on the safeguards of workers’ welfare.
Consequently, there will be a discussion regarding the theory of Social
Representations proposed by Moscovici (1976) and how it allows a more holistic
understanding in tackling a particular issue. In this case, the issue refers to the various
representations of the private firm, the contracting agency and the contractual employees
regarding the concept of contractualization or contractual work. This aims to show the
discrepancies or the congruence in the expectations of the agents with one another.

8
Different Types of Employment in the Philippines
There are various types of employees in the Philippines due to the differences
in the nature of work of the respective employee types.
Regular Employees are classified as such where in the employee has been engaged to
perform activities which are usually necessary or desirable in the usual business or trade of the
employer (Abad, 2006). Additionally, an employee is regular because of the nature of work
and length of service, not because of the mode or even the reason for hiring them (Prudential
Bank and Trust Co. vs. Reyes, 352, SCRA 3, 2001).
Term Employees refers to employees bound to a contract of employment for a definite
period terminated by its own terms at the end of such period (Brent School vs. Zamora, 181,
SCRA 702, 1990).
Project employees are distinguished from regular employees if they are assigned to
carry out a “specific scope or undertaking,” the duration of which were specified at the time the
employees were engaged for that project (ALU-TUCP vs. NLRC, 234 678, 1994).
Seasonal workers are those who are called to work from time to time according to the
occurrence of varying need during a season, and are laid off after completion of the required
phase of work (Abad, 2006).
Casual employees are employees who are neither regular, nor seasonal or fixed for a
specific project. Employment is casual when it is irregular, unpredictable, sporadic and brief in
nature, and outside the usual business of the employer (Caro vs. Rilloraza, 102 Phil. 70, 1957).
There are also “overstaying casual workers” where the workers have already been
working for more than 6 months in the organization but are still not regularized (Daenekindt &
Rosero, 2003).

9
Given that there are various types of work, not all worker types are ensured of the same
privileges and benefits. Seemingly, the regular employee is the only employee type which is
legally ensured with tenure and benefits. On the other hand, the term, project and seasonal
employees can be considered regular employees during the duration of the nature of their work.
These workers are usually under the jobs, labor, and service contracting. The difference of the
term, project and seasonal employees with the regular workers is the absence of security of
tenure (Macaraya, 1997). Lastly, the worker type who receives the least protection and security
are the casual workers, home-workers, the commission- paid and contractual workers
(Macaraya, 1997). This is the reason why there is clamor for this working class to determine
why its rights have been undermined. Through Social Representations Theory, the
perspectives of the various agents regarding the implementation of worker rights in lieu with
contractual work can then be explored.
Varying Agents Involved in Contractualization. In our study, the participants are
the trilateral agents in employer relations are as follows: (a) the employer who is the principal;
(b) contractor or subcontractor; and (c) the employees. The Labor Code (1989) recognizes
triangular or trilateral employment relations as an employment arrangement that should be
regulated for the protection and benefit of the workers. Thus said the Supreme Court, “while it
is true that the parties to a contract employment arrangement that should be regulated for the
protection and benefit of the workers may establish any agreements, terms and conditions that
they may deem convenient, the same should not be contrary to law, morals, good customs,
public order or public policy. The relations between capital and labor are not merely
contractual, impressed as they are with so much public interest that the same should yield to
the common good” (Philippine Telegraph and Telephone Company vs. NLRC. 272, SCRA

10
596, 1997). However, it is evident in status quo that there is discrepancy between what the law
states and its implementation. Non-regularized, contractual employees are not even allowed to
form unions and are not allowed to take part in collective bargaining. Since there is difficulty
in the translation of the laws regarding industrial-contractual relationships, we aim to qualify
the perspectives of the various agents involved in the prevalence of the unjust treatment of the
contractual, non-regular employees.
Private Firms’ Pursuit of Contractual Workers. The human resources department of
the private firm usually responds to the needs of the firm that are deemed of primary
importance: the perspective of the firm typically has the most influential stance in decision-
making. This kind of single perspective does little for our understanding of the employment
relationship. It lacks recognition of the importance of employment mutuality, of matching the
needs of the worker with the needs of the business. Employment entails an ‘authority relation’
(Williamson, 1985) where employees are subject to supervision within a ‘zone of acceptance’
(Simon, 1951).
The Labor Code of the Philippines prohibits the following acts of the principal
employer: (a) in addition to his assigned functions, requiring the contractual employees to
perform functions which are currently being performed by the regular employees of the
principal or of the contractor or subcontractor; (b) requiring him to sign, as precondition for
employment, an antedated resignation letter, a blank payroll, a waiver of labor standards
including minimum wages and social or welfare benefits, or a quitclaim releasing the
principal, contractor or subcontractor from any liability as to payment of future claims; and
(c) requiring him to sign a contract fixing the period of employment to a term shorter than the
term of the contract between the principal and the contractor or subcontractor, unless the

11
latter contract is divisible into phases for which substantially different skills are required and
this is made known to the employee at the time of engagement (Labor Code, 1987).
As stated earlier, the Labor Laws did partake in ensuring the welfare of the employees.
Contracts of the employees should then have the same longevity of the contract of the agency.
However, the implementation of this does not take place. Even if the contracting agency is still
working with the private firm, some employees’ contracts are then terminated earlier. This
validates the lack of security of the contractual workers.
The HR systems of organizations try to look for laborers who qualify their job
descriptions and are competent enough to be hired. They try their best to match the potential
workers with their current job openings, sometimes without putting much consideration to the
personal growth of the employee. Also, depending on the job, the HR systems may sacrifice
the quality of the workers for their quantity, especially if the job positions needed to be filled
are blue-collared in nature. Through Social Representations Theory, we would then be able to
find out the representation of each agent in the participation in the process of
contractualization.
Agencies that Employ Contractual Workers. A firm may purchase work from a
contractor who typically enjoys a greater degree of autonomy in how the work is done, and
who invoices the firm on completion or in agreed stages (Peel & Boxer, 2005).
Contracting relationships are less stable and predictable, as there is generally no
commitment to a long-term attachment between the firm and the individual. Many contractual
relationships are also less predictable in terms of time and place. Contractors may not be sure
exactly when and where their services will be required, making long term planning difficult,
something that may impact negatively on other aspects of their lives.

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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. Kunda et al. (2002) found that control
over time was an important theme in contractors’ accounts of entering contracting (Peel &
Boxall, 2005).
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).
The Labor Code (1987) states that to qualify as legitimate contractor, a contractor
or subcontractor must: (a) carry on a distinct and independent business and performs the job,
work or service on its own account and under its own responsibility, according to its own
manner and method, and free from the control and direction of the principal in all matters
connected with the performance of work except as to the results; (b) has substantial capital or
investment; and (c) the agreement between the principal and matters connected with the
performance of work except as to the results; (b) has substantial capital or investment; and (c)
the agreement between the principal and contractor assures the contractual employees
entitlement to all labor and occupational safety and health standards, free exercise of the right
to self-organization, security of tenure, and social and welfare benefits, safety and health
standards, free exercise tenure, and social and welfare benefits (Macaraya, 1997). Section C
states that the workers have a right to self-organization, however, the agency’s staff of

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contractual workers are not allowed to form own unions. Again, there is a discrepancy with the
ideals and the implementation of the law.
The hiring agency recruits potential laborers and workers that are qualified to work
for certain companies. They are basically a company that helps other companies outsource
manpower for their specific needs. In recruiting these laborers and looking for potential
employers, they get a certain commission. Their interest, most likely, may not be of the
laborers’, but of the amount of commission they will get. Through Social Representations, we
can realize the processes between the private firm and the contracting agency that take place in
contracting. We would then determine the displacement of the workers from the agency to the
private firm.
Contractual Workers’ Welfare in the Philippines. Contractual workers, on the other
hand, generally have more personal and short-term goals. They earn money for themselves and
for their families. They will, most probably, look for companies or agencies with higher and
more efficient hiring rates, with the highest pay, if still possible.
Also, the perception of Filipinos towards work might be different as compared to
workers from other countries. Filipinos might be more ambivalent and more patient towards
authority figures in their respective workplace. Even if there is oppression or undermining of
their rights as workers, only minimal effort can be noted from the workers since rallies are not
prevalent nowadays (Macaraya, 1997). If the workers participate in a rally, this would entail a
certain loss on their wages. Also, there is no assurance that their cause would then be yielded.
Thus, they accept whatever terms given to them since they have no other choice. Perhaps, this
can be due to learned helplessness. Social Representations could then qualify the situation of
the contractual workers.

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Some Labor Laws in the 1987 Philippine Constitution. Contracting and
subcontracting arrangements are expressly allowed by law and are subject to regulation for the
promotion of employment and the observance of the rights of workers to just and humane
conditions of work, security of tenure, self-organization and collective bargaining. Labor- only
contracting as defined herein shall be prohibited.
“Note: Labor only contracting refers to the person supplying workers to employer
does not have substantial capital or investment in form of tools, equipments, machineries, work
premises. The workers recruited and placed by such person are performing activities which
are directly related to the principal business of the employer” (Salao, 2010).
Contractualization is allowed by law as long as it helps and goes hand-in-hand with
the growth of the workers with accord to their rights, condition, and security of tenure, self-
organization and collective bargaining.
Any employee, who has rendered at least one year of service, whether such a service
is continuous or broken, shall be considered a regular employee with respect to the activity in
which he is employed and his employment shall continue while such activity exists. After a
year of service, an employee is entitled to be regularized. (Abad, 2008).
The constitution affords full protection to labor when conflicting interests of labor
and capital collide (Fuentes, et al vs. NLRC, et al., 266 SCRA 24, 1997). State is bound under
the Constitution to afford full protection to labor and when conflicting interests of labor and
capital are to be weighed on the scales of social justice, the heavier influence of the latter
should be counterbalanced with the sympathy and compassion the law accords the less
privileged working man. This is only fair if the worker is to be given the opportunity and the
right to assert and defend his cause, not as a subordinate, but as part of management with

15
which he can negotiate on even plane. Thus, labor is not a mere employee of capital but its
active and equal partner.
Laborers are not merely employees, but business partners as well. Their own
personal interests and welfare are critical not only to themselves, but to the company as well.
Social justice ceases to be an effective instrument for the “equalization of the social
and economic forces” by the State when it is used to shield wrongdoing (Jamer vs. NLRC, 278
SCRA 632, 1997). The cause of social justice is not served by upholding the interest of the
employees in disregard of the right of the company.
It should be made clear that when the law tilts the scale of justice in favor of labor,
it is but recognition of the inherent economic inequality between labor and management. The
intent is to balance the scale of justice; to put the two parties on relatively equal positions.
Justice is to be denied to none (Abad, 2006).
Court Cases Involving Contractual Work
It is very critical for all the parties involved with the process of contractualization
to formally know their limits, boundaries, privileges and benefits with regard to the law.
Knowing these legal concerns with regard to restriction and allowance, there is a great
possibility for conflict and misunderstanding between these parties to be avoided, possibly
even increasing the loyalty and retention rate of the workers not only to the companies, but to
the agencies as well. Knowing the law will make people know their rights, allowing them not
to be abused and to be treated equally as working citizens of the Philippines.
Coca Cola Bottlers Phil Inc vs. Dela Cruz, 2011. Coca-Cola Bottlers Phlippines , Inc.
vs. Dela Cruz. Coca-Cola workers raised the issue of not being given the proper privileges and
benefits of a regularized employee after working in the particular firm for due time. They

16
questioned the stipulated fee that was being given to them, as, according to Coca-Cola, there is
an absence of the employer-employee relationship. Also, according to the company there is an
absence of jurisdiction regarding National Labor Relations Commission. Contracting and sub-
contracting are quite vague issues that do not have a strict and formula regulation process. This
may be a cause of misunderstanding and anomaly. Both the contracting agencies, and the
companies the laborers are in reality working for, are both held as the employers, thus making
regularization, security of tenure and other benefits very questionable and subjective.
Philippine Airlines Inc vs. Ligan, 2009. Workers of Philippine Airlines who were
hired with the assistance of contracting agencies complained of unequal rights as opposed to
regular workers. Also, there was a resurgence of this case in 2011 where the regular employees
from Philippine Airlines were terminated then aimed to be re-hired again through a new-hired
contracting agency. The regular workers then are to be re-hired as contractual workers with
their usual wages and benefits scrapped off to minimum wages again. This implies the
vagueness of the employee-employer relationship where re-occurrences take place due to
uncertain nature of the employees, of being part of the contracting agency or the actual
company given that their deserved benefits as regular workers/ employees were revoked
instantly. The said newly hired sub-contracting agencies of “Sky Logistics” and “Sky
Kitchen” which are to be the new employers of the workers are said to have been “dummy
corporations” as they do not have separate capital and resources from Philippine Airlines.
Purefoods Corporation vs. National Labor Relations Commission, 1997. Again, there
are instances where the laborer is regarded as an employee of the agency, not of the company,
thus, nullifying all benefits possible for the employee, coming from the company itself.

17
Some Purefoods’ workers also questioned this as they filed a case against Purefoods,
asking for benefits of regularized employees, as according to them, they also did what the
regular employees did.
There is clearly anomaly between the relationships between the agencies, the workers
and the companies. The rights of the workers are not clearly stated, thus the presence of such
few cases with concern to this discrepancy. There are only few court cases regarding the
abuses in contractual work even if is very rampant. Perhaps, not all workers are capable of
providing resources necessary for pursuit of a lawyer’s services. Also, given that there are
various employer- employee relationships per transaction (with a contracting agency and a
private firm), a Social Representations method could then align the intentions of the various
agents that could provide a mutual relationship between all the agents involved.
Social Representations Theory
Social representations are systems of values, ideas and practices which enable
communication to take place among the members of a community by providing them with a
code for social exchange and a code for naming and classifying unambiguously the various
aspects of their world and their individual and group history (Moscovici, 1961). Certain studies
such as from Clemence, Devos and Doise, (2001); Philogene and Deaux, (2001); Wagner,
Duveen, Farr, Jovchelovitch, and, Lorenzi-Cioldi, Markova and Rose (1999) have all pointed
out that Social Representations as highly dependent on particular views and interpretations
regarding interactions in specific social contexts (de Guzman, 2011). Also, according to page
xiii of Moscovici’s 1973 article, Health and Illness: A Social Psychological Analysis, social
representation is a “system of values, ideas and practices” that, according to Stephens (2007)
bridges and facilitates communication and provides practicality (de Guzman, 2011). De

18
Guzman also mentions that according to Sotirakopoulou and Breakwell (1992), Social
Representation not only encompasses ideas but also beliefs, values, practices, feelings, images,
attitudes, knowledge, understanding and explanations regarding a social construct. Social
Representations do influence our actions, particularly how we may explain our actions or the
actions of others, but they are also contained within and developed through our social actions
(Moscovici, 1988), or more properly our social practices (Marková, 2000). Hence we must
emphasize the point that representations not only influence people’s daily practices – but
constitute these practices (Howarth 2006).
The Dynamism of Social Representations
Bauer and Gaskell (2008) state that social representations are multi-faceted and
are able to show two things at the same time. First, it highlights the process of transformation
as ideas move in society. Second, it also provides an integrative theory of communication for
social psychology. Social representations allow a social – psychological framework of
knowledge used in studying psychosocial phenomena in contemporary societies (Wagner et al,
1999). In contemporary times, this would then be suggestive of a system and process of
discourse that would conglomerate the different groups which experience varying realities.
There are spontaneous expressions of multiple views about various social objects. Social
representations highlight shared knowledge that is produced and negotiated through social
interaction and discourse in the daily life of the people (Montiel, 2010).
Most issues are composed of subject-object relations which are not a matter of
individual information processing. Hence, it states that all issues are comprised of various
paradigms, subject matter or perspective. The unit of analysis of social representations is not
an isolated organism. Instead, a certain issue arises due to the effect of different paradigms on

19
each other. With this theory, different representations on a certain issue could then provide
alignment or clarity of intentions that could lead to the fueling of collective action in a given
party (Montiel, 2010). Practical engagement then results from these various perspectives.
Different representations can also constitute an inter-group context which can be less
conflicting once a certain paradigm is aware of another party’s beliefs or representations
(Moscovici, 1998).
In this case, the research study’s object for examination is the process of
contractualization as perceived by the various agents (the contractual employees, the company
or employer and the contracting agency) involved in their prevalence. This would allow
gaining and garnering insight about a certain group’s social-psychological processes and group
relationships between patterns of thinking (Montiel, 2010).
Howarth (2006) points out that knowledge is never disinterested: it is always
actively constructed by social agents who speak from different positions and who have
different ‘social stakes’ (Mugny & Carugati, 1989) in maintaining and/or challenging the
hegemonic social representations that invade their realities. Different social groups have more
and less access to the (co)construction of social reality within the public sphere (Jovchelovitch,
1997) and so to the ramification and legitimization of knowledge systems, and therefore
experience different levels of social inclusion- exclusion (Howarth, 2001). In the study, the
different positions of the trilateral agents in the employer-employee relationship could
showcase the varying social representations in their concept of “contractualization”. Possibly,
through their social representations, the “social stakes” of these agents with varying social
positions could be clarified.

20
Montiel (2010) states that Social Representations are dynamic as they evolve
continuously over time and space. Social Representations in a specific era would then be
reflective of the current political, economic and cultural state of a particular group in the
society. Social Representations Theory is particularly useful for it, since it is oriented towards
exploration of explanations that arise in the face of new events (Hewstone 1998; as cited in
Joffe, 2003). The social representations of contractualization in the current era would be then
reflective of the current processes in terms of labor and management relationships and
practices in contractual labor in the National Capital Region of the Philippines.
Social Representations and Inter-group Relations
Moscovici (1973) states that Social Representations could elucidate the links which
unite human psychology with contemporary social and cultural questions. With the summation
of the various realities and experiences of different groups, the bigger picture or the bigger
representation of reality would then be drawn upon. This would allow a better understanding of
the varying systems in status quo. And if there is a problem with current processes about a
specific issue, the perception of each group involved could then clarify each other’s context. It
was also mentioned by Moscovici (1972) that Social Representations can support or critique
social order or to consolidate and transform it.
Consequently, in Social Representations theory, two or more groups are frequently
studied in order to compare and contrast the similarities and difference of representations
between the varying groups. Studies on Social Representation illustrate the collective and
contrasting views of varied groups on a particular phenomenon. Moreover, qualitative methods
like interviews and focused group discussions are mainly used in gathering data (Carignan &

21
Jovchelovitch, 1995). Aside from this some studies also utilize free word associations in order
to quantify data (Roland-Lévy, 2009). Furthermore, there are studies that compare more than
two groups. In a study conducted by Lévy and Berjo (2009) the authors investigated the social
representations of three social groups (students, people in the workforce, and retirees)
regarding the retirement in France. Comparison of the three samples allows the authors to
describe how social representations of retirement differ according to age and employment
status. In the study, the content of social representations of retirement was assessed through a
free association task with the stimulus word “retirement”. Following this task, valence of the
words cited was asked in order to assess attitudes toward retirement. A characterization task
was used to assess the core representation of retirement and the place of financial concerns.
The results of this study showed that the central elements in the study differ from one social
group to the other; it can be observed that there were three different social representations in
the three age groups.
Another study was conducted by Vaast (2007), regarding the Social Representations of
Information Systems security in healthcare. This study investigated the Social Representations
of Information Systems (IS) security of different communities working in a health care
organization. It also considers the questions on how the IS security is socially constructed and
how people makes sense of their context of work. This study illustrates the relevance of this
perspective by analyzing the differences and similarities in the way members of seven
occupational communities (physicians, nurses, IS professionals, social workers, clerks,
technicians, and managers) working in the same healthcare organization represent IS security.
Through analyzing the different groups, social representations can be useful in making sense of
the IS security from the point of view of the various communities. This study employed a

22
qualitative approach through interviewing the various communities. Finally, the results of this
study showed that security and awareness programs should be customized to acknowledge that
members of various communities "know" different things about security and that they react
differently to various security initiatives. Therefore, social representations was used in this
study in order to find out the different point views of the various communities regarding the IS
security. It showed the how the various communities socially constructed and how people
understood the context of work of the IS security.
This shows that social representations can go beyond comparing two groups and it is
also possible to compare various groups. Although comparing several groups may add to the
complexity of the study, it is also useful in showing the different views of the varied groups. It
also shows that varying groups would typically result to having different or homogenous
representations regarding certain a context. In relation to the current study, three groups are
being compared (contractual workers, agency, and private firm) regarding their perspective on
contractualization in the Philippines. The varying perspectives may also show the problems or
concerns regarding the trending phenomenon of contractualization in the Philippines.
In summary, as according to Jovchelovitch (1995), social representations theory gives
significance to the shared, multiple and possibly contested nature of meanings and
understandings that can be given to a particular social object (de Guzman, 2011) which then
could lead to the collective representation per group that might differ in the understanding and
perception of the social object. Shared representations constitute the basis for communication
and the ability to function as a social body with shared ideological codes, a sense of identity
and social coherence. Social representations serve the dual purpose of making the unfamiliar
familiar, and constructing a group identity (Ben-asher, 2003).

23
Types of Social Representations
Hegemonic Social Representations. Hegemonic representations are typically found in
homogeneous societies containing only one group or little inter-group conflict (Liu, 2011).
Hegemonic social representations sustain the dominant cultural order which is unchanging over
time and so are almost completely dominated by the central nucleus of ideas (Howarth, 2011).
Here it is more useful to examine the ways in which communicative practices operate
ideologically through the systematic manipulation of knowledge in the service of power and
the defense of unequal social relations (Howarth, 2011). These hegemonic representations are
shared by all group members (Moscovici, 1988). They help resolve conflicts and reconcile
subgroups (Liu, 2005). Hegemonic representations would then be able to showcase a generic
representation regarding contractualization that is shared by all the groups involved.
Symbolic representations can then be used to unite (as in hegemonic
representations) or divide (polemical representations).. The current study will be working on
hegemonic, emancipated, and polemic social representations. With polemic social
representations, the representations of the various agents of contractualization would be
analyzed. After which, hegemonic social representations would allow to concretize and
homogenize the various social representations and be interpreted given the framework that all
these representations are part of a particular society. Hegemonic Representations are shared to
some extent by all members of a society and signify the societal identity, allowing very few
degrees of freedom on the individual level (Ben-Asher, 2003).

24
Emancipated Social Representations. Ben-Asher (2003) states that emancipated social
representations are distinctively constructed information by small sectors of society that are not
yet incompatible with hegemonic representations. These representations are said to be
constructed when members of society are exposed to different information and experience
which reflect the differences among the sub-groups. Liu (2002) also suggests that
emancipated social representations are smoothly interacting versions of representations in
different segments of society. Consequently, emancipated social representations are
considered the outgrowth of shared knowledge within subgroups (Brewer, 2001).
Polemic social representations. These social representations are formed by subgroups in the
course of a dispute or social conflict when societies as a whole or the social authorities do not
necessarily share them. They express rivalry or incongruity between representations (Ben-
Asher, 2003). A Moscovici (2000) state that polemic social representations are generated in the
course of social conflict, social controversy and society as a whole does not share them.
Polemical views are held by only some groups in society, while other groups hold opposing
views (Liu, 2011). Polemical representations are often indicative of conflict, and tend to be
found in more diverse societies (Liu et al., 1999). Polemic representations are contradictory or
mutually exclusive interpretations that usually arise in the context of social controversy
(Moscovici, 1988). These engender miscommunication and mistrust and may even lead to
antagonistic relationships (Liu, 2005). These representations then showcase the diverse
realities that the varying groups experience that do not coincide. Polemic representations are
the independent, unshared representations or perceptions of a certain group which are different
from the perception of the other groups involved. With the group’s polemic representations,

25
their representations of a certain object would then project the group’s value-systems thus
forming its social identity (Liu, 2011).
Social and political consequences of different polemic representations and the
relationship between representation and the social order would enable knowledge to be
theorized as legitimate or illegitimate in inter-subjectively negotiated realities in terms of
sustaining or contesting particular relations of power (Foucault, 1980). This would demand the
recognition of the reproduction of power in the reification and legitimization of social
representations, as well as in the collaborative struggle for recognition and in possibilities for
resistance and transformation. This would expose the dialectics of coding and trans-coding,
consensus and dispute, cooperation and conflict, imposition and resistance at the heart of all
meaning, practice and communication. Without these tensions, representations would stagnate
(Howarth, 2006).
Breakwell (1993) states that powers differentials are only one such influence
which might be examined empirically. Inter-group power differentials will have an important
impact upon the development of social representations. The acceptance of alternative social
representations of a single event is likely to be greatly affected by the relative power of the two
groups generating them. Hierarchies do exist and this will become apparent in the
representations.
Rose et. al (1995), challenges the notion that consensus defined as 'agreement in
opinion' is at the heart of the theory of social representations. Moreover, the issue of power was
also discussed. In this study it was argued that `consensus' is always temporary and precarious
since social interaction and communication constantly threaten its stability. On the other hand,
the multiplicity of social representations, or of contradictory elements within a given

26
representation of any one object needs to be emphasized, relativism must be avoided. A
relativist position denies the fact that social representations held by certain groups in a society
have greater authority than those of other groups. There is power to be found in the symbolic
field, in which very unequally equipped agents must compete to exert their influence. Nowhere
is this clearer than with respect to the location of social representations in institutional settings
which stabilize, control, and even segregate social groups and individuals.
In conclusion, Rose et. al. (2005) proposed that the notion of consensus exists in an
area of the representational field which is in permanent interaction with more mobile and
unstable elements. Moreover, it was suggested that this field is itself heterogeneous, contested
and diverse.
Conceptual Framework
Using the Social Representations Theory, we aim to examine the perspectives of the
HR system, the contracting agency and the blue collar contractual workers’ regarding the
process of contractualization. The research study aims to explore each other’s social
representations since there is no other avenue for representation or discourse in current labor
relation policies for contract workers. Collective bargaining process is non-existent for
contractual employees. The research aims to find the implications of the trade off and if there is
a possibility for mutually satisfying employer-employee relationship. Social representations,
then, allow clarification on different realities experienced by a certain group in the light of
another group’s own experiences (Bauer & Gaskell, 2008). We will determine if there are
hegemonic and polemic social representations of these agents regarding contractualization.

27
Howarth (2006) critiqued the usage of Social Representations as this can be biased
especially when it focuses on the thoughts of only one actor in a particular issue. In this study,
however, more than one social representation will be used so the chances of having a biased
representation are unlikely. Instead, varying representations of the issue would be seen in form
of polemic social representations. Then given the polemic representations, other overlapping
representations from the various parties through hegemonic social representations could then
provide alignment of intentions from the different parties involved. Social representations
could then inform and contribute to our perception of reality, realize the congruence and
incongruence between the realities these various agents experience regarding
contractualization. Social representations become more dynamic and become inter-
subjectively agreed to be (Howarth, 2006). Polemic representations would be equivalent to
each representation of the party. Hegemonic representations would only be drawn after the
analysis of these representations, whether there is an underlying coherence and cohesion
among the three sectors (workers, HR management and the contracting agency).
If one particular agent’s rationale is dominant and without the presence of any avenue
for collaboration regarding the certain clamors on an issue, there would really be a party whose
interest would not be recognized without the alignment of intentions brought about by the
various social representations. Hence, the social representation regarding contractual work
from the various agents would then allow an unbiased and well-represented account on the
prevalence of contractual workers. This would allow alignment in the intentions and
realizations regarding the value judgment of each particular agent.
This framework would serve as bulwark against reductionism and reification of
public opinion. Social representation is a theory of the dynamics and differentiation of

28
common senses, not least in relation to science as a source of knowledge. The theory is thus a
part of the diverse tradition of conceptualizing the relations between common sense and
science. “There is no public opinion without different representations” (Bauer & Gaskell,
2008; 349).
Figure 1 Conceptual Framework
Figure 1 shows the placement of the three agents - private firm, contractual worker, contractual
agency. Their individual circles would consist of their polemic social representations (pink,
yellow, green circles). This showcases each agent’s own paradigm, representative of its own
ideals. The purple interconnection in the middle would equate to emancipated social
representations, shared by two groups. Lastly, the over-arching circle (blue-green) is the
hegemonic representation, shared by the three agents. Through Social Representations, the

29
various parties would then be able to determine the congruence and incongruence regarding
their concept of contractualization with all the other paradigms involved.
Statement of the Problem
What is the social representation of contractualization for the contracting agency,
contractual workers and the private firm or employer?
Are these representations hegemonic, emancipated or polemic?

CHAPTER II
METHODOLOGY
The theory of Social Representations sets out to overcome the dichotomies between the
individual and society as well as between subjective and objective. There has been an effort to
adopt a consistent methodological approach given the diversity of voices and variety of
contexts. Farr (1993; as cited in Wagner, 2007) advocates the use of multiple methods for
Social Representations. Wagner (2007) lists quantitative and qualitative research
methodologies for Social Representations. Our current study used only a qualitative method.
The current study emulated the methodology of the Social Representations study of the
“Symbolic Construction of Public Spaces in Brazil by Jovchelovitch (1995) as Wagner (2007)
discussed its methodology. The Jovchelovitch (1995) study discussed Social Representations
during the ousting of the Brazilian President F. Collor Melo who was the first Brazilian
president to be expelled from office due to corruption charges. The study by Jovchelovitch
(1995) used narrative interviews and focus group methodologies among different Brazilian
participants from the government, citizens and media personnel. Each social group had a
minimum of four members each for the interview or focus group session. The data were then
analyzed through content analysis where a coding frame was used. The coding frame is the set
of categories or themes that arise from the transcription of the narratives and the focus group
discussions.
Wagner (2007) states that narrative interviews under social representations, in
contrast to other forms of in-depth interviewing, leaves the field completely open to the
interviewee, by simply asking subjects to tell the story of the event being studied (Bauer,1996;
as cited in Wagner, 2007). Narrative interviews draw on the conceptual value of story-telling
as one of the most fundamental forms of human communication (Barthers,1988; as cited in

31
Wagner, 2007), and have been considered as a particularly useful method in the study of social
representations (Jovchelovitch, 1995b; Laszlo, 1997; Rose, 1996).
The research will use an exploratory, qualitative design, specifically semi-structured
narrative interviews regarding the representation on the object and the phenomenon of
contractualization.. These semi-structured interviews would then be able to determine the
representations of the various parties (the contractual worker, the contractual agency and the
private firm) regarding their views on the process of contractualization. Content analysis will
be done after the transcription of the narratives.
The current study used the focus group and interview methodology for the Pre-
Test in one employer-employee relationship consisting of the agency, employer or private firm,
and contractual workers. However, the focus group deemed ineffective since not all the
participants shared their representations in depth. There was only one person in the group who
participated. To minimize the unresponsiveness and possible tendency of participants to just
agree, without critical thinking and self-analysis, to the answers and responses of the other
participants, personal interviews were conducted for all the respective parties involved, in
accord to each of their employer-employee relationships.
Design
The research used a qualitative study, in form of semi-structured interviews for each
agent involved in the contractualization process. The researchers conducted semi-structured
interviews for the contractual employees, contractual agencies and the private firms. The
research, basically, is a qualitative study of current, existing trilateral relationships in various
working environments that hire contractual workers for maintenance, security and janitorial

32
services through a contracting agency. The questions that were used are semi-structured,
allowing consistency at the start of the interview for all the three parties involved. The semi-
structured interview format allowed the interviewees to surface their own personal
representations, based on their own personal experiences in their respective fields regarding
contractualization. Also, to minimize the possibility of confounding, there was only be one
interviewer for all these three groups of people..
Through thematic analysis, certain value judgments and themes regarding each
agent’s views on contractual work surfaced after data gathering.
Participants
There were three kinds of respondents for the study. First, the blue collared contractual
employees who work for companies under a contracting agency were asked to engage in the
study. The researchers garnered participants who were blue-collared contractual workers,
specifically maintenance, janitorial and security contractual workers who are contracted by
agencies. These employees are part of a trilateral employer-employee relationship, the
relationship between the contracting agency and their employer (the firm). The researchers
specifically selected to inquire maintenance, janitorial and security contractual workers so as to
better represent the various worker types of sub-contracting schemes. Each type of contract
worker has its own corresponding contracting agency and employer. These different workers,
given the variation in their line of work, are possibly more representative of the population of
contractual workers.
Secondly, the contracting agencies who hired the contractual workers providing
maintenance, janitorial and security services were asked to participate in this study. The

33
researchers obtained respondents from the contracting agency who are part of the
administrative and human resources program, directly involved with the contractual workers.
They were also asked to participate during a weekend so as not to disrupt regular working
hours. These people should ideally have worked at least a year in their respective jobs in order
to allow a more holistic and complete point of view regarding their working experience with
contractual workers.
Lastly, the researchers also engaged participants from the human resources department
or supervising committee of the companies which are currently hiring contractual employees
from contracting agencies. The human resources supervisor who directly hires the contractual
workers for maintenance, janitorial and security was contacted. They were contacted through a
formal letter informing them of the background and significance of the study. The researchers
were able to get regular employees of the HR department who were directly involved in the
processes regarding screening, selection and recruitment of employees. Although no initiatives
were given to them, tokens were handed out as to give appreciation to their allocation of time
to the researchers’ study.
Eight contractual workers, three maintenance workers, three janitorial workers and
two security contractual workers were asked to participate in interviews in order to have a
diverse, well-represented and unbiased representation regarding the issue of contractualization.
On the other hand, four participants, the supervisors of the interviewed workers from the
contracting agency, were also interviewed. Finally, four employees from the HR or
admistration department of the company or the employer were asked to participate in the study.
There were a total of sixteen participants in the study proper. This was done as the researchers
conducted two interviews, each from these two groups of participants, not only due to

34
feasibility and practicality purposes but also to be able to better understand the competence and
structure of the institution based on their individual employees.
These participants were obtained using snowball and stratified purposive sampling. The
researchers then contacted the agency and the HR supervisor of the various contractual
employees’ participants. Snowball sampling was again incorporated since the contractual
workers also referred other contractual workers to be interviewed. Stratified purposive
sampling was used since four representatives’ (2 contractual workers, 1 contracting agency
representative and 1 HR supervisor) views on contractualization was needed for each trilateral
employer-employee relationship.
Measures
The interviews followed a semi-structured format. Introductory questions were asked
first from the respondents regarding their basic information and current status in the
organization (Appendix A). The primary question that was asked from the three agents was in
Filipino asking “Ano ang contractualization para sayo?” This question allowed the
participants to narrate or share their opinions and stories about contractualization.
Aside from this, follow-up questions were asked to confirm and clarify the responses
of the participant/s. The interview question for all three agents (HR supervisor of the private
firm or employer, contracting agency and contractual employee) sought to answer their
opinions regarding the concept of contractualization. The semi-structured type of interview
was able to manifest the certain issues, discourse and representations of opinions regarding
contractualization.

35
Procedure
Pilot Test Phase
Before the actual procedure, a pretest was conducted as to study the clarity and
effectiveness of the interview and group discussion questions. The contractual workers from a
university gym, one employee from Contracting Agency A counterpart and one representative
from Employer A underwent a focused group discussion and interviews respectively since the
initial method consisted of Focus Group Discussions for the workers and interviews for the
other participants. The FGD and the interview of the private firm’s human resources’
representative were held in a conducive place for discussion, in a conference room in a
university gym. The interview with the contractual agency regular employee was held in Shaw,
in her office, last October 7, 2011.
The pre-test conducted last October 7, 2011 showed that focused group discussions
were not as effective and beneficial as the researchers predicted it would be. There were
chances that the contractual employee would just agree to the other participants instead of
voicing out his own opinions and concerns. In a way, there might have been some group think
involved in this method, disrupting the data. It would be best to have interviews even for the
workers, instead of focused group discussions.
As for the type of interview, the researchers determined that it would be best to keep
the interviews semi-structured as to open the free association of the participants regarding the
true issues and concerns they have regarding this topic, avoiding preempting of the researchers
on theorized possible issues.

36
Actual Procedure
For the actual procedure, as mentioned earlier, the researchers conducted semi-
structured interviews, for the three types of contractual workers and for the regular employees
of the contracting agency and the representative of the private firm/company. The interviews
for the contractual agency and the private firms were conducted on a Saturday, since most
private offices and institutions do not have office during this day. They were invited during the
weekend in order to be more flexible regarding extensions of the possible duration of the
discussion. For the contractual workers, however, the researchers tried to schedule interviews
with regard to weekends or their respective day offs. In the event that these workers were not
free when the researchers are also free, interviews were done during morning, giving the
worker an opportunity to come in late for work, just in time for a half day work day. Rest
assured, ethical initiatives were given to these participants as they ran the chance of missing a
day of work for our investigation and methodical information obtainment, in order to
compensate for their working hours pay. The interviews were conducted in the respective
offices or work areas of the participants involved. The research briefly described each working
condition per interview.
The interview proper was guided by some questions (Appendix A) to start the
discussion, however, not limiting the researcher to only these questions. The interviews were
semi-structured as based on the researchers’ pre-test, structured interviews have the possibility
of constraining the openness of the participants. It was avoided that the answers be too
objective and specific, thus not being very helpful to a social representations study. Interviews
were conducted with a one specific researcher, as to avoid confounding of the results. An
audio-recording machine was placed between the researcher and the interviewee in to order to

37
record the transcript of the discourse. Data was analyzed by grouping the answers into certain
themes which was further analyzed and questioned.
Data Analysis
After transcription, the results of the semi-structured interviews were organized
through thematic analysis in order to classify and divide the responses of each agent in
accordance to their specific surfaced themes. The thematic analysis was based on the polemic,
emancipated and hegemonic social representations of the parties involved separately, and also
across their counterpart parties. Through the usage of the thematic analysis, the researchers
were able to identify certain underlying themes regarding the different concepts of
contractualization from the contracting agencies, private firms and contractual workers through
their different views and perspectives. If the theme is mutually exclusive and distinct to one
social group, it is classified under Polemic Social Representations. Shared meanings of
contractualization from two groups were classified in Emancipated Social Representations.
Lastly, coherent and shared meanings across all groups were classified in Hegemonic Social
Representations. The themes present in the interviews are important in understanding the
factors that affect the social representations of each age.

CHAPTER III
RESULTS
The results section is organized in three main parts - hegemonic social
representations, emancipated social representations and polemic social representations. The
researchers interviewed a total of four existing employer-employee relationships which include
the contractual workers, contracting agencies and the private firm (employer) regarding their
views on contractualization. There were a total of eight contractual workers (3 maintenance
workers, 3 janitorial workers, and 2 security guards), four contracting agencies and four private
firms. The semi-structured interviews were conducted by one interviewer all throughout. The
interviews allowed the researchers to know the working conditions of the participants through
the set questions (Appendix A) but also allowed more personal sharing of the participants
regarding contractualization for the unstructured part of the interview. All of the participants
were asked to explain their views on the process of contractualization, as the first research
question “Ano ang contractualization para sayo? / What is contractualization for you? ”
posed. This led to the surfacing of the themes and further insight regarding the different
social representations of contractualization. The data were aggregated and analyzed per
corresponding group. Themes drawn out were cited under its corresponding social
representation type. The themes were then divided in terms of its hegemonic, emancipated or
polemic nature as the second research question “Are these social representations hegemonic
emancipated or polemic?” posed. Furthermore, excerpts from the interviews will be cited for
validation of the themes and its corresponding social representation type.

39
As stated by Moscovici (1988) hegemonic themes are sentiments that are shared
by all the groups (employer, agency and workers) involved. Themes which were found in all
the groups were considered a hegemonic social representation. Emancipated representations
according to Liu (2005) are shared representations between sub-groups in society. Themes
which were shared by two groups were included in the emancipated social representations.
Finally, polemic representations also by Moscovici (2000) are sentiments which are distinct to
a particular group. Themes which were found in only one group were included as a polemic
social representation.
Hegemonic Social Representations on Contractualization
There are four hegemonic themes shared by the three agents regarding
contractualization which are the following: absence of security of tenure, variable worker
benefits, flawed business scheme, variable working procedures, confusion of employee types
and power relations.
Absence of Security of Tenure. The absence of security of tenure in the process of
contractualization is a hegemonic theme among the contracting agency, workers and private
firm. Security of tenure refers to the permanence of jobs which are experienced by regular
employees (Macaraya, 1997).
Sentiments from the contractual workers are as follows “Kailangan pagbutihin mo
yung trabaho, para di ka maalis, di ka magkakaroon ng buliyaso, kasi ‘pag nagkaroon ka ng
pagkakamali, huhusgahan ka nila kung tatanggalin ka o hindi.”

40
“Kapag hindi na kami nagustuhan, pwede na kami palitan agad. Kaya gusto namin maayos
ang paggawa ng trabaho para di paalisin. Syempre, kasi agency.”
Some sentiments from the employers regarding the absence of security tenure are as
follows : “kasi sa agency, pag di nag-abide, pwede kaagad sila palitan, iyon talaga status nila
e.”
“So in the event, lets say for example yung mga unit owners nag decide sila together with the
boards approval. Pwede namin iterminate yung contract ng janitorial.”
Some sentiments from the contracting agency are as follows: “Kapag nagkaroon ng
personal minsan na galit yung client sayo, naiinis sayo. Tapos okay naman yung trabaho mo
hindi ka na nila rerenew.”
“Contractualization, for me lang kung baga, may limited time lang sila dun sa isang project
then after that kailangan naman nilang undergo ng panibagong o mag-apply sa iba nanamang
client.”
“So mag worry ka after 3 months, san na ako magtratrabaho? Gusto pa ba nila ako? Iyon lang
yung mga contractual base.”
The contractual workers believe that in their line of work, any small mistake would be
tantamount to their removal from work. At the same time, any form of dislike even without
grounding or evidence by the employer would be sufficient for their removal from their jobs.

41
The employers which hire the contracting agencies to provide peripheral workers
know that the nature of the contractual workers’ jobs is easily terminable if their performance
does not succumb to their standards.
The contracting agencies also know that these workers can be removed from office due
to personal grudges of the employers. At the same time, the workers can be given new
assignment when the demands permit. During the onset of the work of the contractual workers,
however, the agency shares that the contractual workers feel a sense of paranoia due to the
instability of whether their contracts get renewed or not.
The trilateral agents in the employer-employee relationship views contractualization as
a means of having non-permanent, unstable jobs for the contractual employees.
Variable worker benefits. The results suggest that the manner of receiving benefits for the
contractual workers is a case to case basis. Some workers receive these benefits; the others
do not, due to their respective employers and contracting agency’s business negotiations. The
variable worker benefits is also a hegemonic theme among the three agents regarding their
views on contractualization.
The sentiments of the workers are as follows : “Ahh pag regular maraming
benepisyo. Kapag contractual, wala masyado. Pag regular ka dito sa kumpanya di ba?
Maganda yung buhay kasi mga anak nila libre sa pag-aaral maraming benepisyo pag nasa
loob ka ng kumpanya.”
“Kinakaltas sa sweldo naming yung PhilHealth, SSS, pero ‘pag punta namin, di pala
hinuhulugan ng agency.”

42
“ Noong nasa Agency B, kami may benepisyo kami. Yung sa health card, yung Maxicare,
binigay samin ng kumpanya mismo. Pero ngayon wala eh. Sa bagong ahensiya nilipat naming,
wala.”
“Pili ka ng contrata na papasukan mo mo -- yung may minimum wage, yung may benefits na
pag ibig, phil health,SSS. Yung ibang agency kasi wala talaga e. Di ka pa minimum wage, Wal
pang SSS.”
The sentiments of the employers are as follows : “Ah kasi yung problema diyan,
yung mga employee, naaagrabado kasi wala silang benefits, kasi di sila pwede maging
regular e. Most of the time, abusado yung ibang agency.”
“At wala rin sila nung tinatawag na right para magdemand ng regular labor kasi agency sila
e not unlike the regular employee na pwede ka magdemand ng benefits. Yung sa agency,
nakukuha lang niyan mga SSS,lang. Depende lang talaga. ”
The sentiments of the agencies are as follows : “Unlike sa regular may mga benefits
kagaya nung may incentive leave sila, then may mga, syempre kung medyo matagal na regular
na, may mga makukuha na siya like mga 13th month. Sa contractual, kung ano lang po yung
inoffer sakanila kung ano lang diniscuss sakanila, iyon lang yung ma-avail nila.”
Contractual workers are given benefits depending on the employer-employee
relationship. The workers usually receive PhilHealth and SSS. It usually stops there. PhilHealth
and SSS are not even benefits per se but are considered requirements when applying for work
in a private institution. However, there are also instances where the agency does not even
deposit to PhilHealth and SSS. The deposit for these also comes from the deducted part of the
workers’ wages.

43
The employers are aware of the situation of the contractual workers where they only
receive SSS. They also state that they see the reasons on the aggravation of workers, since they
receive so little for the amount of work provided. However, the employers state, that the
contractual workers cannot demand for their benefits since they are not regular employees to
begin with. They are deprived of that right to demand.
The contracting agencies state that contractual workers do not have 13 month pay,
incentive leave. Whatever is being offered to them by the agency are the only ones that they
can avail. Even if they spend years in the same job, they are not subject to having benefits
which are experienced by regular employees.
Flawed business scheme. The flawed business scheme refers to the shared understanding of
the workers, employer and agency regarding the flawed business scheme of contractualization.
The contractualization scheme is considered flawed as the process is embedded with certain
discrepancies regarding the adherence to labor standards and ideal managerial processes.
The contractual workers mentioned that : “Syempre mas matatalino yung agency
kaya iyon hanggang 5 months ka lang pero kung sa batas dapat diba pwede ka na
magregular. Iyon sana yung gusto namin ilaban, na may pagkakataon maging regular.
Regular na lang sana kami. Dapat wala nang mga agency, kasi yung mga agency yumayaman.
Kalagayan namin humihirap. Nagkakasakit na nga kami.”
An example of what the employer said: “Personal perception ko sa mga workers?
Pagtiyatiyagaan mo kung ano yung meron. Sana bumuti yung buhay pero magtiyaga na lang
muna kaysa naman nakatambay ka lang sa bahay di ba? Personal kong opinyon iyon ha?”

44
The representation of the agencies are as follows: “Kung magkakaroon ng mas
matagalang kontrata sa client, edi mas makakabuti sa amin at sa contractuals. Pero kung ano
lang meron ngayon, yun lang binibigay namin.”
The workers state that the structures that they are participating in have already been
decided by those above them or who they work for. They would want to fight for their cause
for the improvement of the contractualization scheme but there are no equal opportunities
offered to them.
The employers believe that the workers are just passively accepting of whatever terms
are given to them in their line of work. The workers are perceived to just be accepting of the
minimal benefits given to them as opposed to not having any in return.
The contracting agencies believe that a longer contract between the employer and the
agency would improve the contractualization scheme and aid in the workers’ welfare
themselves. However, they just adhere to the set standards by the employer or client in status
quo.
Variable working procedures. The gravity of the work is usually different per employer-
employee relationship. The work is dependent on the ideals and standards of the employer.
Consequently, there are negotiations taking place between the workers and the employer
through the contracting agency. “Variable working procedures”regarding contractualization is
also a hegemonic theme among the three agents.
The representation of the workers are as follows: “Sa contractualization din kasi,
nakadepende ka lang talaga sa agency, kung saan ka i-aassign. Di ka talaga pwede
magreklamo kasi diba pasalamat ka nga binibigyan ka ng trabaho. Mahirap lang kadalasan

45
kung paiba iba ang lugar kung saan ka nagtatrabaho. Tapos dahil iba iba yung lugar, minsan,
iba iba rin yung mga rules ng mga kliyente. Parang ngayon, bawal umupo. 12 hour shift yun
ah. Sa agency namin, ok lang yun. Pero yung kliyente yung strikto, ano magagawa namin?
Sabi ng agency basta gawin yung gusto ng client diba.”
The representations of the employers are as follows: “ Iba iba yung core business
ng mga kumpanya eh, syempre, kung ano yung kailangan mo na empleyado na magsusuporta
sa core business mo, iyon yung kailangan mo. Sa agency na naming sinasabi yung
specifications namin.”
The representations of the agency are as follows: “Nagkakaroon ng mga seminar
tungkol sa client, tungkol sa kumpanya nila bago i-assign yung mga employees. Tapos
magkakaroon din ng briefing sa mga gusto mismo ng client, kung ilang oras yung shift,
halimbawa. Mas strikto yung ibang client sa iba pero shempre since client sila dapat sumunod
yung mga employees. Kung kailangan nakatayo buong shift, ganoon talaga.”
The workers believe that they are dependent on the agency in their given assignments.
The workers do not complain and just become thankful that they are given work. However, the
contractual workers also state that there is difficulty whenever they are constantly being re-
assigned to different clients since the rules of each client tend to vary greatly.
The employers have their own core competencies or focus in their line of work
that’s why they get peripheral workers instead for matters that are outside their core
competencies. The standards they impose, however, are still dependent on their own line of
work.

46
The contracting agencies state that the contractual workers are being provided
different seminars regarding the client that they will be working for. Briefing also is necessary
to know the standards of the company. They believe that some clients are stricter than the
others and require more standards. However, this is inevitable since the client’s preferences
should be always followed.
Confusion regarding employee types. The trilateral agents all had different understandings on
what entails a “regular employee” and a “contractual employee”. There is a hegemonic
confusion among the three agents regarding the understandings of the different employee
types, as defined by the Labor Code. Due to the various employer-employee relationships in
contractualization, delineating the differences and similarities between a regular and
contractual employee is deemed difficult among the three agents. Certain agents refer to
themselves or to other groups as “regular employees” but in actuality, they are not subscribing
to the established definition of what a regular employee is by the Labor Code.
Some of the contractual workers said the following : “May iba’t ibang klase ng
contractual at regular. Depende yun, may kanya kanyang sistema ang mga kumpanya e.”
“Regular kami sa agency naman. May health care kami, sss, pag-ibig at philhealth.”
“Regular na raw kami. Pero hindi e, Bakit pag may konting pagkakamali lang, pwede na kami
ma-tsugi?”
Some of the employers said the following : “Yung peripheral workers shempre di yan
regular sa amin, kontrata namin with the agency is project-based lang. Pero siguro baka
regular sila sa agency nila. O kung ma-absorb sila, yun yung posibilidad na regular sila tapos
direct-hired na sila.”

47
Some of the contracting agencies said the following : “Kung baga po kasi dito sa
agency C, kung yung isang tao naming ay nag end of contract na sa isang client, still yung tao
connected parin samin. Pero hindi siya regular, affiliated lang.”
“Oo regular naman yung mga employees sa amin pero on hold muna kung walang project.
Pwede sila maging reliever muna kung di pa na-aassign.”
“Minsan kasi naguguluhan yung empleyado kung regular ba siya, contractual o cooperative
lang.”
Some of the contractual workers state that being a regular or contractual employee
is dependent on the company and the agency. On the other hand, some contractual workers
perceive that they are regular employees in the agency already but not with the employer.
Lastly, some workers were told that they are already regular workers in their respective agency
but they also question why they are easily terminable from the jobs if they are said to be
regular. Due to the contractualization and its various employer-employee relationships, the
contractual workers have confusing views regarding various employee types and how to
classify themselves in. Even if their line of work is contractual in nature, some workers
perceive that they are regular employees. There is confusion being felt by the contractual
workers regarding the nature of their work.
The employers state that the peripheral workers are usually not regular with the
company, but they perceive that these peripheral workers are regular employees in their
respective agencies. The contracts of the employers with the agencies are usually project-based
so the peripheral workers cannot be regular employees in the company. However, there is a
possibility that the peripheral workers can be regularized if they are to be absorbed by the
company itself and end up direct hiring these workers. The employers are confused regarding

48
the nature of the contractual employees that they hire as their terms are being defined by the
agency and not them.
One agency states that the workers they have are not regular and are just
affiliated with the agency once the worker’s contract with a client company ends. However,
another agency states that their workers are all regular but are just considered on hold when
there’s no project that can be assigned to them yet. They can just be “relievers” for the mean
time. Also, another contracting agency states that the workers somehow get confused
regarding their status because they can either be regular, contractual or part of a cooperative.
Through all the agencies, there is confusion regarding the status of the workers that they hire.
Power relations. The results suggest that the differentials in power regarding the
contractualization process are already conceded for by the trilateral agents involved. This
suggest the presence of a social structure, a hierarchy, where the all the various employer-
employee relationships participate in.
The representation of the workers are as follows : “Kasi hindi pwedeng iby-pass
yung agency. Kailangan paboran mo din. Kailangan sila muna kasi sila makakatulong kasi
pwede ka nilang tanggalin e kung di ka sumusunod.”
“Parang ngayon, bawal umupo. 12 hour shift yun ah. Sa agency namin, ok lang yun. Pero
yung kliyente yung strikto, ano magagawa namin? Sabi ng agency basta gawin yung gusto ng
client diba.”

49
The representations of the employers are as follows: “Pumili rin dapat ng agency
na i-hhire. Yung iba kasi parang palakasan na lang ng loob, wala naman silang enough
capital pero sige lang sila ng sige. Masyadong masama na yun para sa kumpanya.”
“Minsan kasi grabe humingi yung mga empleyado kaya siguro contractual na sila, bawal na
mag-unyon. Kung humingi kasi, di rin kakayanin ng kumpanya e. Kaya nagkaroon ng
contracting agency para ma-regulate iyon.”
The representation of the contracting agencies are as follows: “Basta sinusunod
namin yung gusto ng client, sila nagbabayad eh. Kaya mayroon kami seminars at training.
Tapos kung nagreklamo man yung client tungkol sa worker, syempre kailangan naming sundin
na tanggalin agad. Sila nagbabayad e. Kaya sinasabi naming sa worker na maging pleasant at
ma-respeto at all times.”
“Yung mga regular kasi, pwede sila sa collective bargaining, makikita yung kita ng
kumpanya tapos bago sila magdesisyon sa increase. Ngayon wala na kasi masyado na
magulo yung mga naguunyon.”
The contractual workers state that they also respect and follow the agency’s
protocols since they are the intermediary agents that provide work for them. They can also be
terminated from their job if they do not follow the agency’s protocols. Also, the contractual
workers state that they have to respect the standards and rules of the employers even if these
are difficult. As stated, the contractual workers still have to tolerate the 12 hour shift where
they are not allowed to sit.

A SOCIAL REPRESENTATIONS STUDY OF CONTRACTUALIZATION

A SOCIAL REPRESENTATIONS STUDY OF CONTRACTUALIZATION

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