san beda (no date) labor law (labor standards)

7/29/2019 San Beda (No Date) Labor Law (Labor Standards)

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SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAWAny form of reproduction of this copy is strictly prohibited!!!

PRELIMINARY TITLE

CHAPTER IGENERAL PROVISIONS

ART 1. NAME OF DECREE

LABOR LEGISLATION - Consists ofstatutes, regulations and jurisprudencegoverning the relations between capital and

labor, by providing for certain standards of termsand conditions of employment or providing alegal framework within which these terms andconditions and the employment relationship maybe negotiated, adjusted and administered. It isdivided into labor standards and labor relations.

LABOR STANDARDS - Are the minimumrequirements prescribed by existing laws,rules and regulations relating to wages,hours of work, cost-of-living allowance, andother monetary and welfare benefits,including occupational safety, and health

standards.

LABOR RELATIONS LAW - defines thestatus, rights, and duties and the institutionalmechanisms that govern the individual andcollective interactions of employers, employeesor their representatives.

- The law whichseeks to stabilize the relation between employerand employee, to forestall and thresh out theirdifferences through the encouragement ofcollective bargaining and the settlement of labordisputes through conciliation, mediation, and

arbitration.

ART. 2. DATE OF EFFECTIVITY

The Labor Code took effect on November 1,1974 (six months after its promulgation on May1,1974)

SEVEN (7) BASIC RIGHTS OFWORKERS AS GUARANTEED BYTHE CONSTITUTION (OCESHLP):

1. Right to Organize

2. Right to Conduct Collective Bargainingor Negotiation with Management3. Right to Engage in Peaceful Concerted

Activities including strike in accordancewith law

4. Right to Enjoy Security of Tenure5.Right to Work Under Humane Conditions6.Right to Receive a Living Wage

7.Right to Participate in Policy &Decision-Making Processes affectingtheir rights and benefits as may beprovided by law

RELATED LAWS:

1. CIVIL CODE: see Arts. 1700, 1701and 17032. REVISED PENAL CODE: Art. 2893. OTHERS: SSS Law, GSIS Law, Agrarian

Reform Law, the 13th month pay law, theMagna Carta for Public Health Workers, etc.

RATIONALE :

- The raison d etre of labor laws is the POLICEPOWER of the State

ART 3. DECLARATION OF BASICPOLICY

The State shall afford protection to labor,promote full employment, ensure equal workopportunities regardless of sex, age or creed,and regulate the relations between workers andemployers. The State shall assure the right ofworkers to self-organization, collectivebargaining, security of tenure, and just andhumane conditions of work.

EMPLOYER - one who employs theservices of others; one for whom employeeswork and who pays their wages or salaries.

EMPLOYEE - one who works for anemployer; a person working for salary or wages

ART 4. CONSTRUCTION IN FAVOROF LABOR

CONSTRUCTION IN FAVOR OFLABOR CLAUSE -this is with a view to applythe Code to the greater number of employees toenable them to avail of the benefits under thelaw (Abella vs. NLRC). The working manswelfare should be the primordial consideration.

- This rule is applicable if there is a doubt asto the meaning of the legal or contractualprovision. If the provision is clear andunambiguous, it must be applied inaccordance with its express terms.

- These laws should be interpreted with aview to the fact that they are remedial innature, they are enacted to better the lot

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDPMEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, ElmerGuerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,Joy Mejia, Howard Arzadon


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SAN BEDA COLLEGE OF LAW

MEMORY AID in LABOR LAWAny form of reproduction of this copy is strictly prohibited!!!

and promote the welfare of the members of thelaboring class.

- Reservation of essential attributes ofsovereign power is read into contractsas a postulate of the legal order.

- Courts adopt a liberalapproach that favors the exercise oflabor rights. The mandate under Art. 4is simply to resolve doubt, if any, in favorof labor. If there is no doubt inimplementing and interpreting the law,labor will enjoy no built-in advantageand the law will have to be applied as itis.

MANAGEMENT RIGHTS: (CPST)

C Right to conduct businessP Right to prescribe rulesS Right to select employeesT Right to transfer or discharge employees

MANAGEMENT PREROGATIVE

Except as limited by special laws, anemployer is free to regulate, according to hisown discretion and judgment, all aspects ofemployment, including:

HIRING, WORK ASSIGNMENTS,WORKING METHODS, TIME PLACE ANDMANNER OF WORK, TOOLS TO BE USED,PROCESSES TO BE FOLLOWED,SUPERVISION OF WORKERS, WORKINGREGULATIONS, TRANSFER OF EMPLOYEES,WORK SUPERVISION, LAY-OFF OFWORKERS, AND DISCIPLINE, DISMISSAL

AND RECALL OF WORKERS. (HW5T2PLSD)

Thus, so long as management prerogativesare exercised in good faith forthe advancement of theemployers interest and not forthe purpose of defeating orcircumventing the rights ofemployees under special law orunder valid agreements, it shallbe upheld.

ART 5. RULES AND REGULATIONS

- The rules and regulations issued by the DOLEshall become effective 15 days afterannouncement of their adoption innewspapers of general circulation.

ART 6. APPLICABILITY

AGRICULTURAL OR FARM WORKER -one employed in an agricultural or farmenterprise and assigned to perform tasks whichare directly related to the agricultural activities ofthe employer, such as cultivation and tillage ofthe soil, dairying, growing and harvesting of anyagricultural and horticultural commodities, theraising of livestock or poultry, and any activitiesperformed by a farmer as an incident to or in

conjunction with such farming operations.

- There may be in one employer bothagricultural as well as industrial workers.

- PURPOSE of the provision: intended toencourage workers to seek employment inagricultural enterprises instead of migratingto already overcrowded urban areas to findwork in industrial establishments

- The LC applies to all workers, whetheragricultural or non-agricultural, includingemployees in a government corporationincorporated under the Corporation Code.

FARMEMPLOYER-

FARMWORKER

RELATIONSHIP

TENANCYRELATIONSHIP

- The lease is oneof labor with the

agricultural laboreras the lessor of hisservices and thefarm employer asthe lessee

- It is the landownerwho is the lessor

and the tenant thelessee ofagricultural land

- The agriculturalworker works forthe farm employerand for his labor hereceives a salary orwage, regardless ofwhether the

employer makes aprofit.

- The tenant deriveshis income from theagricultural produceor harvest

LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDPMEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, ElmerGuerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,Joy Mejia, Howard Arzadon

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CHAPTER IIEMANCIPATION OF TENANTS(Note: not included as per SC Memo)

ART 7-11

- Share tenancy has been abolishedplacing in its stead leasehold system.

- Under Art. 8, the land covered by operationland transfer must be private agriculturalland, tenanted, primarily devoted to riceand/or corn, and more than sevenhectares in are.

Present retention limits:- 5 hectares per landowner and 3 hectares

per child provided the child is:

1. Is at least 15 years of age; and2. Actually tilling the land or directly managing

the farm

EXCEPTIONS:- those covered by homestead patents- those covered by PD 27

EMANCIPATION PATENT - is the title issuedto the tenant upon compliance with all therequirements of the government. It representsthe full emancipation pf the tenant from thebondage of the soil.

PROHIBITION AGAINST ALIENATION

IS INTENDED TO:

1. Preserve the landholding in the hands of theowner-tiller and his heirs;

2. minimize land speculation; and3. prevent a return to the regime of land

ownership by a few.

BOOK ONEPRE-EMPLOYMENT

TITLE I

RECRUITMENT AND PLACEMENT OFWORKERS

CHAPTER IGENERAL PROVISIONS

ART 13. DEFINITIONS

WORKER -any member of the labor force,

whether employed or unemployed

RECRUITMENT AND PLACEMENT - any actof canvassing, enlisting, contracting,transporting, utilizing, hiring or procuringworkers, and includes referrals, contractservices, promising or advertising foremployment, locally or abroad, whether for profitor not; PROVIDED, that any person or entitywhich, in any manner, offers or promises for afee employment to two or more persons shall bedeemed engaged in recruitment and placement.(CEC-TUCP) (RCPA)

-The number of persons dealt with is notan essential ingredient of the act of recruitmentand placement of workers. The proviso merelycreates the presumption.

ART 16. PRIVATE RECRUITMENT

ENTITIES AUTHORIZED TO RECRUIT

1. Public employment offices2. Private recruitment entities; private

employment agencies3. Shipping or manning agents or

representatives4. The POEA5. Construction contractors if authorized by the

DOLE and the Construction IndustryAuthority

6. Members of the diplomatic corps (but hiringsmust also go thru POEA)

7. Other persons or entities as may beauthorized by the DOLE secretary

DOCUMENTATION OF WORKERS:

1. Contract Processing workers hired thru thePOEA shall be issued the individualemployment contract and such otherdocuments as may be necessary for travel

2. Passport Documentation3. Visa Arrangement

ART 17. (POEA)

- POEA has taken over the functions of theOEDB

ADJUDICATORY FUNCTIONS OF THEPOEA :

a. All cases which are administrative incharacter, involving or arising out ofviolations of rules and regulations relating tolicensing and registration of recruitment andemployment agencies or entities; and

b. Disciplinary action cases and other specialcases which are administrative in character,


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involving employers, principals, contractingpartners and Filipino Migrant Workers

JURISDICTION TRANSFERRED TOTHE LABOR ARBITERS OF THE NLRC :

a. claims arising out of an employer-employeerelationship or by virtue of any law orcontract involving Filipino workers foroverseas deployment including claims foractual, moral, exemplary and other forms ofdamages.

Venue Money claims or claims for damagesshould be filed before the Regional Arbitration

branch of the NLRC where the complainantresides or where the principal office of therespondent/employer is situated, at the option ofthe complainant.

Compromise Agreement - Consistent withthe policy encouraging amicable settlement oflabor disputes, Sec 10, RA 8042 allowsresolution by compromise of cases filed with theNLRC.

PREMATURE TERMINATION OFCONTRACT - Where the workers employmentcontract is terminated long before its agreedtermination date, and the termination is notshown to be based on lawful or valid grounds,the employer will be ordered to pay the workerstheir salaries corresponding to the unexpiredportion of their employment contract. (TierraIntl Construction Corp. vs. NLRC).

HOWEVER, under R.A. 8042, if the illegaldismissal took place on or after July 15, 1995 ,the illegally dismissed overseas worker shall beentitled to the full reimbursement of his

placement fee with interest at the rate of 12%per annum plus salary for the unexpiredportion of his employment contract or for 3mos. for every year of the unexpired termwhichever is LESS.

- Claims for death and burial benefitsinvolving seamen OCWs which the POEAhas jurisdiction are not the same as theclaims against the State Insurance Fundof the LC.

- The basis for the award of backwages is theparties employment contract, stipulating thewages and benefits.

- The fact that the employee has signed asatisfaction receipt does not result inwaiver; the law does not consider as

valid any agreement to receive lesscompensation than what the worker isentitled to recover.

(MR Yard Crew Union vs. PNR)

ART 18. BAN ON DIRECT-HIRING

Direct hiring of Filipino workers by aforeign employer is not allowed.

EXCEPTIONS :

the members of the diplomatic corps;

international organizations;such other employers as may be allowed by theDepartment of Labor and employment

1. name hirees individual workers who areable to secure contracts for overseasemployment on their own efforts andrepresentations without the assistance orparticipation or any agency

RATIONALE OF THE PROHIBITION- Filipino workers hired directly by a

foreign employer, without governmentintervention may not be assured of thebest possible terms and conditions ofwork. The foreign employer must also beprotected and may chance upon a Filipinoworker who do not possess sufficientknowledge for which he is employed.

MINIMUM EMPLOYMENTCONDITIONS OF OVERSEASEMPLOYMENT:

1. Guaranteed wages for regularworking hours and overtime pay forservices rendered beyond regularworking hours in accordance withthe standards established by the

Administration2. Free Transportation from point of hire to site

of employment and return;3. Free emergency medical and dental

treatment and facilities;4. Just causes for termination of the contract or

of the services of the workers;5. Workmens compensation benefits and war

hazard protection;6. Repatriation of workers remains and

properties in case of death to the point ofhire, or if this is not possible the possible

disposition thereof7. Assistance on remittance of workers

salaries, allowances or allotments to hisbeneficiaries; and

8. Free and adequate board and lodgingfacilities or compensatory food allowance atprevailing cost of living standards at the

jobsite.


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ART 22. MANDATORY REMITTANCEOF FOREIGN EXCHANGE EARNINGS

MANDATORY REMITTANCEREQUIREMENTS:

1. Seamen or mariners: 80% of the basicsalary;

2. Workers for Filipino Contractors andConstruction Companies: 70% of the basicsalary;

3. Doctors, engineers, teachers, nurses, and

other professionals whose employmentcontract provide for lodging facilities: sameas #2

4. All other professionals without board andlodging: 50% of the basic salary;

5. Domestic and other service of workers; 50%of the basic salary.

ART 25. PRIVATE SECTORPARTICIPATION IN THE RECRUITMENTAND PLACEMENT OF WORKERS

QUALIFICATIONS FORPARTICIPATION IN THE OVERSEASEMPLOYMENT PROGRAM:

1. Filipino citizens, partnerships or corporationsat least 75% of the authorized and votingcapital stock of which is owned andcontrolled by Filipino citizens;

2. Minimum capitalization of 1M in case ofsingle proprietorship or partnership and aminimum of 1M paid-up capital forcorporations;

3. Those not otherwise disqualified by law or

these guidelines to engage in therecruitment and placement of workers foroverseas employment

DISQUALIFICATIONS:

1. Travel agencies and sales agencies ofairline companies;

2. Officers or members of the board of anycorporation or members in a partnershipengaged in the business of a travel agency;

3. Corporations and partnerships, when any ofits officers, members of the board or

partners, is also an officer, member of theboard or partner of a corporation engaged inthe business of a travel agency.

4. Persons, partnerships, or corporations whichhave derogatory records;

5. Persons employed in the Department ofLabor or in other government agenciesdirectly involved in overseas employment

program and their relatives within the 4th

degree of consanguinity or affinity; or6. Those whose license has been previously

canceled or revoked.

CHAPTER IIREGULATIONS OF RECRUITMENT

AND PLACEMENT ACTIVITIES

ART 29. NON-TRANSFERABILITY OFLICENSE OR AUTHORITY

- No license or authority shall be useddirectly or indirectly by any person otherthan the one in whose favor it was issuedor at any place other than that stated in thelicense or authority, nor may such license orauthority be transferred, conveyed orassigned to any other person or entity.

- Licensees or holders of authority or theirduly authorized representatives may as arule, undertake recruitment and placementactivities only at their authorized officialaddresses.

- Change of ownership or relationship ofsingle proprietorship licensed to engagein overseas employment shall cause theautomatic revocation of the license.

- All overseas landbased workers shall beprovided both life and personal accidentinsurance.

GROUNDS FOR DISCIPLINARYACTION (Under the MWA of 1995) ;

1. Commission of a felony punishable by thelaws of the Philippines or by the hostcountry;

2. Drug addiction or possession or trafficking ofprohibited drugs;

3. Desertion or abandonment;4. Drunkenness, especially where the laws of

the of the host country prohibit the same;5. Gambling, especially where the laws of the

host country prohibit the same;6. Initiating or joining a strike or work stoppage

where the laws of the host country prohibitstrikes or similar actions;

7. Creating trouble at the worksite or in thevessel;

8. Embezzlement of company funds or ofmoney an properties of a fellow workerentrusted for delivery to kins or relatives inthe Philippines;

9. Theft or robbery;10. Prostitution;11. Vandalism or destroying company property;


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12. Gunrunning or possession of deadlyweapons;

13. Unjust refusal to depart for the worksite afterall employment and travel documents havebeen duly approved by the appropriategovernment agency; and

14. Violation of the laws and sacred practices ofthe host country and unjustified breach ofgovernment approved employment contractby a worker.

ART 31. BONDS

- Cash bond filed by applicants for licenseor authority is not subject to garnishmentby judgment creditor of agency

ART 32. FEES TO BE PAID BYWORKERS

- Suspension or cancellation of licenses mayinclude award of damages to repair theinjury caused to its victims.

ART 34. PROHIBITED PRACTICES

- A supplementary contract beneficial toworker not violative of protection affordedby the State to workers.

ART 35. SUSPENSION AND/ORCANCELLATION OF LICENSE ORAUTHORITY

NON-LICENSEE OR NON-HOLDER OFAUTHORITY - any person, corporation or entitywhich has not been issued a valid license orauthority to engage in recruitment andplacement by the Secretary of Labor, or whose

license or authority has been suspended,revoked, or cancelled by the POEA and theSecretary.

CHAPTER III

MISCELLANEOUS PROVISIONS

ART 38. ILLEGAL RECRUITMENT (asper RA 8042 otherwise known as theMigrant Workers Act of 1995)

ILLEGAL RECRUITMENT - Any act of canvassing, enlisting, contracting,transporting, utilizing, hiring or procuringworkers and includes referring contractservices, promising or advertising foremployment abroad, whether for profit ornot when undertaken by a non-licensee

or non-holder of authority.PROVIDED that any such non-licensee

or non-holder of authority who in any manner,offers or promises for a fee employment abroadto two or more persons shall be deemed soengaged. It shall likewise include thecommission of prohibited acts whethercommitted by a non-licensee or non-holder ofauthority or a licensee or holder of authority.

PROHIBITED PRACTICES:(CFGIIEOFSBWF)

C to charge or accept amount beyondamount allowed by law

F to furnish or publish false notice orinformation in relation to Recruitmentand Placement

G to give any false notice and informationor commit any act of misrepresentationto secure license or authority

I Induce or attempt to induce workers toquit employment to offer him anotherexcept if the transfer is to liberate aworker from oppressive terms andconditions of employment (NOTE: it is

not necessary that worker was actuallyinduced or did quit employment)I to influence or attempt to influence any

person or entity not to employ anyworker who has not applied foremployment in his agency

E to engage in the recruitment orplacement of workers in jobs harmful topublic health or morality or to the dignityof the Phil.

O Obstruct or attempt to obstructinspection by Secretary

F Fail to file reportsS Substitute or alter employment contractsB Become officer or Board member of

corporation engaged in travel agencyW Withhold or deny travel documents

before the departure for monetary orfinancial consideration other than thoseauthorized by the Code.

F Failure to actually deploy without validreason as determined by the DOLE


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F Failure to reimburse expenses incurredby the worker in connection with hisdocumentation and processing forpurposes of deployment, in cases wherethe deployment does not actually takeplace without the workers fault

THE QUALIFYING CIRCUMSTANCESTHAT WOULD MAKE ILLEGALRECRUITMENT AS A CRIMEINVOLVING ECONOMIC SABOTAGEARE :

When committed by a SYNDICATE i.e., if it iscarried out by a group of three (3) or morepersons conspiring and confederating withone another; or

(a) When committed in a LARGE SCALEi.e., if it is committed against three (3) ormore persons

VENUE OF ACTIONS ON ILLEGALRECRUITMENT:

1. RTC of the province or city where theoffense was committed; or

2. where the offended party resides at the timeof the commission of the offense

at the option of the complainant

- These circumstances only qualify. They donot define the offense themselves

- Recruitment and placement activities ofagents or representatives appointed by alicensee, whose appointments were notpreviously authorized by the POEA shalllikewise constitute illegal recruitment.

ART. 38 ( c ) declared unconstitutional sinceonly a judge may issue searchwarrant/ warrant of arrest. TheSec. Of Labor may onlyrecommend not issue. However,Closure of establishments of illegalrecruiters may still be ordered bySecretary of Labor, same beingessentially administrative andregulatory in nature.(Salazar vs.Achacoso and Marquez)

PRESCRIPTIVE PERIOD

Illegal Recruitment cases under RA 8042 shallprescribe in five (5) years Provided, however,That illegal recruitment cases involvingeconomic sabotage shall prescribe in twenty(20) years.

TITLE IIEMPLOYMENT OF NON-RESIDENT

ALIENS

ART 40. EMPLOYMENT PERMIT OFNON-RESIDENT ALIENS-Foreigners or domestic and foreign employersdesiring to employ aliens must secureemployment permit from the DOLE upondetermination of the non-availability of a personin the Philippines who is competent, able andwilling at the time of the application to performthe services for which the alien is desired.

- Foreigners may not be employed in certainnationalized business.

- a non-resident alien worker and theemployershall bind themselves to train at least2 Filipino understudies.

PROHIBITION AGAINSTEMPLOYMENT OF ALIENS

Section 2-A of the Anti-Dummy Law prohibitsthe employment of aliens in establishment or

entities which have under their name or control aright, franchise, privilege, property or businessthe exercise or enjoyment of which property orbusiness the exercise or enjoyment of which isexpressly reserved by the Constitution or thelaws to citizens of the Philippines or tocorporations or associations at least 60% of thecapital of which is owned by such citizens.

EXCEPTIONS TO THEPROHIBITION:

a. where the Secretary of Justice specifically

authorizes the employment of technicalpersonnel; or

b. where the aliens are elected members ofthe board of directors or governing body ofcorporations or association in proportion totheir allowable participation in the capital ofsuch entities.

BOOK TWO


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HUMAN RESOURCESDEVELOPMENT

TITLE INATIONAL MANPOWER

DEVELOPMENT PROGRAM

CHAPTER INATIONAL POLICIES AND

ADMINISTRATIVE MACHINERY FORTHEIR IMPLELENTATION

ART 45. DEFINITIONS

MANPOWER - that portion of the nationspopulation which has actual or potentialcapability to contribute directly to the productionof goods and services.

ENTREPRENEURSHIP - training for self-employment or assisting individual or smallindustries within the purview of this the LC.

TITLE II

TRAINING AND EMPLOYMENT OFSPECIAL WORKERS

CHAPTER IAPPRENTICES

Types of Special Workers:

1. Apprentice2. Learners3. Handicapped

ART 58. DEFINITION OF TERMS

APPRENTICESHIP - practical training on thejob supplemented by related theoreticalinstruction

APPRENTICE - worker who is covered by awritten apprenticeship agreement with anindividual employer or any of the entitiesrecognized under this chapter

APPRENTICEABLE OCCUPATION - anytrade, form of employment or occupation whichrequires more than 3 months of practical trainingon the job supplemented by related theoreticalinstruction

APPRENTICESHIP AGREEMENT - anemployment contract wherein the employer

binds himself to train the apprentice and theapprentice in turn accepts the terms of training

ON-THE-JOB TRAINING the practicalwork experience through actual participation inproductive activities given to or acquired by anapprentice

HIGHLY TECHNICAL INDUSTRIES trade,business, enterprise, industry or other activity,which is engaged in the application of advancedtechnology

ART 59. QUALIFICATIONS OFAPPRENTICES

Qualifications of an Apprentice

1. at least 15 years of age; provided thosewho are at least 15 years of age but lessthan eighteen may be eligible forapprenticeship only in non-hazardousoccupations and the apprenticeshipagreement shall be signed in his behalf bythe parent or guardian or authorizedrepresentative of DOLE.

2. vocational aptitude/ capacity for appropriatetest3. ability to comprehend and follow oral and

written instructions

ART 60. EMPLOYMENT OFAPPRENTICES

- Only employers in highly technicalindustries may hire apprentices and only inapprenticeable occupations asdetermined by the Sec. Of Labor

Requisites for a VALIDAPPRENTICESHIP

1. QUALIFICATIONS OF THE APPRENTICE2. APPRENTICESHIP AGREEMENT DULYEXECUTED AND SIGNED PROVIDING FORCOMPENSATION NOT LESS THAN 75% OFTHE APPLICABLE MINIMUM WAGE, EXCEPTON-THE-JOB TRAINING (OJT)3.APPRENTICESHIP PROGRAM DULY

APPROVED BY DOLE4. PERIOD OF APPRENTICESHIP SHALL NOTEXCEED 6 MONTHS.

ART 71. DEDUCTIBILITY OF TRAININGCOSTS


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Requisites for tax deductions in caseemployers have apprenticeshipprograms:

1. Program duly recognized by the Departmentof Labor

2. Deduction shall not exceed 10% of directlabor wage

3. Pay his apprentices the minimum wage

ART 72. APPRENTICES WITHOUTCOMPENSATION

Apprentices who may be hiredwithout

compensation:

1.those whose training on the job isrequired by the school;

2.Training Program Curriculum;3.Requisite for Graduation; or4.A requisite for Board Examination

CHAPTER IILEARNERS

ART 73. LEARNERS DEFINED

LEARNERS - persons hired as trainees insemi-skilled and other industrial occupationswhich are non-apprenticeable and which may belearned thru practical training on the job in arelatively short period of time which shall notexceed 3 mos.

APPRENTICESHIP LEARNERSHIP

1. Practical training onthe jobsupplemented byrelated theoreticalinstruction.

1. Hiring of personsas trainees insemi-skilled andother industrialoccupations whichare non-apprenticeable andwhich may belearned thrupractical trainingon the job in arelatively shortperiod of time.

2. Not less than 3months practicaltraining on the jobbut not more than 6months

2. Practical trainingon the job not toexceed 3 mos.

3. No Commitment tohire

3. With Commitmentto employ the

learner as regularemployee if hedesires uponcompletion oflearnership

4. In case ofpretermination ofthe apprenticeshipagreement, theworker is notconsidered as aregular employee

4. Learner isconsidered as aregular employeein case ofpretermination ofcontract after 2mos. of training

and the dismissalis without fault oflearner

5. Highly technicalindustries and onlyin industrialoccupation

5. Semi-skilled /industrialoccupations

Learners in piecework/ incentive - rate jobsare to be paid in full for the work done.

CHAPTER IIIHANDICAPPED WORKERS

ART 78. DEFINITION

HANDICAPPED WORKERS - Are thosewhose earning capacity is impaired by age orphysical or mental deficiency or injury.

- Subject to the provisions of the Code,handicapped workers may be hired asregular workers, apprentices or learnersif their handicap is not such as to

effectively impede the performance of joboperations in the particular occupations forwhich they were hired.

- qualified disabled employee shall besubject to the same terms and conditionsof employment and the samecompensation, privileges, benefits, fringebenefits, incentives or allowances as aqualified able-bodied person. Even ahandicapped worker can acquire thestatus of a regular employee.

Duration of employment - no minimum, no

maximum. Dependent on agreement but isnecessary that there is a specific duration

BOOK THREECONDITIONS OF EMPLOYMENT


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TITLE IWORKING CONDITIONS AND REST

PERIODS

CHAPTER IHOURS OF WORK

ART 82. COVERAGE

ELEMENTS OF EMPLOYER-EMPLOYEE RELATIONSHIP:

1. selection and engagement of theemployee

2. the payment of wages3. the power of dismissal4. the employers power to control the

employee (with respect to the meansand methods by which the work is tobe accomplished)

- The last element as mentioned above iswhat is known as the CONTROL TEST -whether the employer controls or hasreserved the right to control the employee

not only as to the result of the work to bedone but also as to the means and methodsby which the same is to be accomplished.This last element is the most important indexof the existence of the relationship.

EMPLOYEE - A natural person who is hired,directly or indirectly, by a natural or juridicalperson to perform activities related to thebusiness of the hirer who, directly orthrough an agent, supervises or controlsthe work performance and pays the salaryor wage of the hire.

Employees Exempt from the Benefitsof E-E Relationship

1. Government Employees2. Managerial Employees3. Field Personnel4. Family Members dependent on the

employer for support5. Domestic Helpers6. Persons on the Personal Service of another7. Workers Paid by Result

GOVERNMENT EMPLOYEES - Refers onlyto employees of government agencies,instrumentalities or political subdivisionsand of government corporations that arenot incorporated under the CorporationCode, meaning those which have originalcharters.

MANAGERIAL EMPLOYEES - Refer to

those whose primary duty consists of themanagement of the establishment in whichthey are employed or of a department orsubdivision thereof and to other membersof the managerial staff

Note: Definition applies only to the 8-hour Labor law

FIELD PERSONNEL - Refer to non-agricultural employees who regularlyperform their duties away from the principalplace of business or branch office of theemployer and whose actual hours of workin the field cannot be determined withreasonable certainty.

WORKERS PAID BY RESULTS - Method ofcomputing compensation based on thework completed and not on the time spentin working.

PIECE-RATE METHOD - Where pay isdependent on unit of product finished, preferredwhere the work process is repetitive and the output is standardized and easily countable.

DOMESTIC HELPERS/ PERSONSRENDERING PERSONAL SERVICES - Performservices in the employers home which areusually necessary and desirable for themaintenance or enjoyment thereof, or ministersto the personal comfort, convenience or safety ofthe employer, as well as the members of theemployers household.

- The existence of employment relationship isdetermined by law and not by contract.

- Whether or not an employer-employee

relationship exists between the parties is aquestion of fact. The findings of theNLRC are accorded not only respect butfinality if supported by substantialevidence.

MANAGEMENT PREROGATIVE - except asotherwise limited by special laws, an employer isfree to regulate, according to his own discretionand judgment, all aspects of employment,including hiring, work assignments, workingmethods, time, place, and manner of work, toolsto be used, processes to be followed,

supervision of workers, working regulations,transfer of employees, work supervision, lay-offof workers and discipline, dismissal and recall ofworkers.

- Management prerogative recognizes theright of the employer to advance itsinterest to prescribe standards of work andimpose reasonable quotas or work


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than twenty (20) minutes an must be with fullpay.

3. If less than twenty(20) minutes, it becomesonly a rest period and is thus considered aswork time

NOTE: Employee must be completelyrelieved from duty. Otherwise, it iscompensable as hours worked.

- Mealtime is not compensable EXCEPT incases where the lunch period or meal time ispredominantly spent for the employersbenefit or where it is less than 60minutes.

- Employees may request that their mealperiod be shortened so that they can leavework earlier that the previously establishedschedule.

REQUISITES :

1. The employees voluntarily agree in writing toa shortened meal period and are willing towaive the overtime pay for such shortenedmeal period;

2. No diminution whatsoever in the salary andother fringe benefits of the employeesexisting before the effectivity of theshortened meal period;

3. Work does not involve strenuous physicalexertion and they are provided withadequate coffee breaks;

4. The value of benefits is equal with thecompensation due them for the shortenedmeal period

5. OT pay will become due and demandableafter the new time schedule; and

6. The arrangement is of temporary duration.

ART 86. NIGHT SHIFT DIFFERENTIAL

NIGHT SHIFT DIFFERENTIAL -Additionalcompensation of not less than ten percent(10%) of an employees regular wage for everyhour of work done between 10:00 PM and 6:00AM, whether or not this period is part of theworkers regular shift.

- If work done between 10 PM and 6 AM isovertime work, then the 10% night shiftdifferential should be based on his

overtime rate.

RATIONALE- it serves as an inducement of employment

ART 87. OVERTIME WORK OVERTIME PAY - Additional compensation

for work performed beyond eight (8) hourswithin the workers 24-hour workday.

30% of 130% if on a special holiday/rest day1. 25% of regular wage if done on a regular

workday2. 30% of 150% if on special holiday AND rest

day3. 30% of 200% if on a regular holiday

RATIONALE- employee is given OT pay because he is made

to work longer than what is commensurate withhis agreed compensation for the statutorily fixedor voluntarily agreed hours of labor he issupposed to do.

- As a rule, cannot be waived, as i t i sintended to benefit laborers and employees.But when the waiver is made inconsideration of benefits and privilegeswhich may even exceed the overtime pay,the waiver may be permitted.

NOTE: OT pay will not preclude payment ofnight shift differential pay.

- Meal periods during overtime work is notgiven to workers performing overtime forthe reason that OT work is usually for ashort period ranging from one to three hoursand to deduct from the same one full houras meal period would reduce to nothing theemployees OT work.

WORK DAY - the 24-hour period whichcommences from the time the employee

regularly starts to work. e.g., if the worker startsto work 8 am today, the workday is from 8amtoday up to 8 am tom.

- The minimum normal working hours fixed bythe Act need not be continuous toconstitute the legal working day

- Express approval by a superior is not aprerequisite to make overtime workcompensable. HOWEVER, writtenauthority after office hours during rest daysand holidays are required for entitlement to

compensation.

- The right to OT pay cannot be waived.Such waiver is contrary to law and publicpolicy.

EXCEPTIONS:


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1. When the waiver stipulates higher paymentor rate of OT pay; or

2. Where the contract of employment requireswork for more than eight hours of work atspecified wage per day providing for a fixedhourly rate or that the daily wages includeovertime pay.

COMPRESSED WORKWEEK -allowableunder the following conditions:1. It is voluntary on the part of the worker2. There will be no diminution of the weekly or

monthly take-home pay and fringe benefitsof the employees;

3. The value of the benefits that will accrue tothe employees under the proposed scheduleis more than or at least commensurate withthe one-hour OT pay that is due them duringweekdays based on the employeesquantification

4. The one-hour OT pay will become due andpayable if they are made or permitted towork on a day not scheduled for work on thecompressed work week

5. The work does not involve strenuous physicalexertion and employees must haveadequate rest periods

5. The arrangement is of temporary duration.

ART 88. UNDERTIME NOT OFFSET BYOVERTIME

Undertime work on any particular day shallnot be offset by overtime work on anyother day. Permission given to theemployee to go on leave on some otherday of the week shall not exempt theemployer from paying the additionalcompensation.

RATIONALE- An employees regular pay rate is lower than

the overtime rate. Offsetting the undertimehours against the overtime hours wouldresult in undue deprivation of theemployees extra pay for overtime work.

ART 89. EMERGENCY OVERTIMEWORK

WHEN WORKER MAY BE REQUIREDTO RENDER OT:

(WNUNCN)

W 1. Country is at war or any othernational/local emergency has beendeclared by the Chief Executive/Congress

N 2. Necessary to prevent loss oflife/property/ in case of actual/impendingemergency in the locality

U 3. There is urgent work to be performedon machines, installations, or equipmentin order to avoid serious loss/damage tothe employer or some other causes ofsimilar nature

N 4. Work is necessary to preventloss/damage to perishable goods; and

C 5. where the completion or continuationof the work started before the eighthhour is necessary to prevent seriousobstruction or prejudice to the businessor operations of the employer.

N 6. when it is necessary to avail offavorable weather or environmentalconditions where performance or qualityof work is dependent thereon

ART 90. REGULAR WAGE

- include the cash wage only, without deductionon account of facilities provided by theemployer

CHAPTER IIWEEKLY REST PERIOD

ART 91. RIGHT TO A WEEKLY RESTDAY

- Employees should be provided a rest periodof not less than twenty four (24)consecutive hours after every six (6)

consecutive normal work days.

- Employer shall schedule the weekly rest dayof his employees subject to collectivebargaining agreement. However, theemployer shall respect the preference ofemployees as to their weekly rest daywhen such preference is based onreligious grounds. But when suchpreference will prejudice the operations ofthe undertaking and the employer cannotnormally result to other remedial measures,the employer may so schedule the weeklyrest day that meets the employees choicefor at least two (2) days a month

ART 92. WHEN EMPLOYER MAYREQUIRE WORK ON A REST DAY

WHEN EMPLOYEE MAY BEREQUIRED TO RENDER WORKON A REST DAY:


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- Are items ofexpense necessaryfor the laborers andhis familysexistence andsubsistence

- Constitute extraremuneration orspecial privileges orbenefits given to orreceived by thelaborers over andabove their ordinaryearnings wages

- part of the wage - independent of thewage

- deductible from thewage - not wagedeductible

ART. 98. APPLICATION OF TITLE

This Title shall not apply to thefollowing:

1. household or domestic helpers2. homeworkers engaged in needle-work3. workers employed in any establishment

duly registered with the National CottageIndustry

4. Workers in any duly registered cooperatives

CHAPTER IIMINIMUM WAGE RATES

ART 100. PROHIBITION AGAINSTELIMINATION OR DIMUNITION OFBENEFITS

LEGAL REQTS. BEFORE FACILITIESCAN BE DEDUCTED FROM THE

EMPLOYEES WAGES:

1. Proof that such facilities are customarilyfurnished by the trade ;

2. Voluntarily Accepted in writing by theemployee

3. Charged at Fair & Reasonable Value

THE NON-DIMINUTION RULE -the benefitsbeing given to employees cannot be takenback or reduced unilaterally by theemployer because the benefit has becomepart of the employment contract, written or

unwritten.

The rule is applicable if it is shown thatthe grant of the benefit is:

1. based on an express policy, or2. has ripened into practice over a long period

of time, and the practice is consistent anddeliberate.

3. It is not due to an error in theconstruction /application of a doubtful ordifficult question of law.

- But even in cases of error, it should beshown that the correction is being donesoon after the discovery of the error.

BONUS - A supplement or employmentbenefit given under certain conditions, suchas success of the business or greaterproduction or output. As a rule, it is anamount granted voluntarily to an employee

for his industry and loyalty whichcontributed to the success and realizationof profits of the employers business.Therefore, from a legal point of view, it isnot a demandable and enforceableobligation. Unless, it was promised to begiven without any conditions imposed for itspayment, as such, it is deemed part of thewage.

13TH MONTH PAY (OR ITS EQUIVALENT)-additional income based on wage required byP.D. 851 which is equivalent to 1/12 of the totalbasic salary earned by an employee within a

calendar year.- may be given anytime but not later than Dec.24

COVERAGE:- All rank-and-file employees regardless of theirdesignation or employment status andirrespective of the method by which their wagesare paid, are entitled to this benefit, provided,that they have worked for at least one (1)month during the calendar year.

FORMS:

1. Christmas bonus2. midyear bonus3. profit sharing payments; and4. other cash bonuses amounting to not less

than 1/12 of its basic salary.

- Difference of opinion on how to compute the13th month pay does not justify a strike

- It must always be in the form oflegal tender. Free rice, electricity cash and stockdividends, COLA not equivalent

ART 101. PAYMENT BY RESULTS


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- wages shall be paid directly to the workersto whom they are due.

EXCEPTIONS:a. in case of force majeure/special

circumstances, payment may be madethrough another person under writtenauthority where the worker has died, the

b. employer may pay the wages of thedeceased worker to the heirs of the latter,through the Secretary of Labor or hisrepresentative, without the necessity ofintestate proceedings, after the heirs have

executed an affidavit attesting to theirrelationship to the deceased and the factthat they are his heirs to the exclusion of allothers

ART 106. CONTRACTOR ORSUBCONTRACTOR

LABOR ONLY CONTRACTING - where theperson supplying workers to an employer doesnot have substantial capital or investment inthe form of tools, equipment, machineries, workpremises, among others, and the workersrecruited and placed by such persons areperforming activities which are directly related tothe principal business of such employer.

INDEPENDENT CONTRACTOR - one whoexercises independent employment andcontracts to do a piece of work according to hisown methods and without being subject tocontrol of his employer except as to the resultthereof.

- A mere statement in a contract with acompany that laborers who are paidaccording to the amount and quality of work

are independent contractors does notchange their status as mere employeesin contemplation of labor laws.

REQUISITES FOR A CONTRACTINGOR SUBCONTRACTING TO BE :

1. where the contractor or subcontractorcarries on a distinct and independentbusiness and undertakes to perform the jobon his own account and under his ownresponsibility, according to its own mannerand method and free from the control and

direction of the principal in all mattersconnected with the performance of the workexcept as to the results thereof;

2. the contractor or subcontractor hassubstantial capital or investment; and

3. the agreement between the principal andcontractor or subcontractor assures thecontractual employees entitlement to alllabor and occupational safety and health

standards, free exercise of the right to self-organization, security of tenure and socialand welfare benefits.

- Substantial capital need not be coupledwith investment in tools or equipment.This is clear from the use of the conjunctionor.

JOBCONTRA

CTING

LABOR ONLYCONTRACTING

1. No E- Erelationship existbetweenemployer and thecontractorsemployee exceptwhen thecontractor or

subcontractorfails to pay thewages of hisemployees

1. Employer is treatedas direct employerof the personrecruited in allinstances

2. liability is limitedto unpaid wagesand other laborstandardsviolations

2. liable to all rightsduties and liabilitiesunder laborstandards lawsincluding the right toself- organization

3. Permissible 3. Prohibited by law

4. Contractor hassubstantial capitalor investment

4. Contractor has nosubstantial capital/investment

WORKING CONDITIONS - Refers to theterms and circumstances affecting theemployment of an employee, includingpolicies, programs and regulationsgoverning his employment status, work,and work relationships. They are, as a rule,determined by the employer.

ART. 110. WORKER PREFERENCE INCASE OF BANKRUPTCY

- This Article did not sweep away theoverriding preference accorded under the


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scheme of the Civil Code to tax claims of thegovernment.

- just a preference, must yield to specialpreferred credit, e.g. secured creditors

- The formal declaration of insolvency orbankruptcy or a judicial liquidation of theemployers business is a condition sinequa non to the operation of the preferenceaccorded to workers under Art. 110.

CHAPTER IVPROHIBITIONS REGARDING WAGES

ART 112. NON-INTERFERENCE INDISPOSAL OF WAGES

In relation to the Civil Code:

Art. 1705. The laborers wages shall be paid inlegal currency.Art. 1706. Withholding of the wages except fora debt due, shall not be made by the employerArt. 1707. The laborers wages shall be a lien

on the goods manufactured or the work done.Art. 1708. The laborers wages shall not besubject to execution or attachment except fordebts incurred for food, shelter, clothing, andmedical attendance.Art. 1709. The employer shall neither seize norretain any tool or other articles belonging to thelaborer.

PROHIBITIONS REGARDING WAGES:

1. Payment of wages with less frequency thanonce (1) a month.

2. Limitations/Interference by the employerwith the employees freedom to dispose ofhis wages.

3. Forcing, Compelling/Obliging employees topurchase merchandise , commodities orother properties from the employer or fromany other person, or to make use of anystore or service of such employer or anyother person

4. Withholding of wages5. Deduction of wages as consideration of a

promise of employment or retention inemployment

6. Refusal to pay/ Reduction of wages andbenefits, discharge/ discrimination againstany employee as retaliatory measuresagainst any employee who has filed anycomplaint or instituted any proceedingsagainst his employer

ART 113. WAGE DEDUCTION ALLOWABLE DEDUCTIONS:

WITH EMPLOYEES CONSENT:

1. SSS Payments2. MEDICARE3. Contributions to PAG-IBIG Funds4. value of meals and others5. payments to third persons with employees

consent6. deduction of absences

W/OUT EMPLOYEES CONSENT:

1. Workers insurance acquired by the employer2. Union Dues, where the right to check-off has

been recognized by the employer3. Cases where the employer is authorized by

law or regulations issued by the Secretary ofLabor

4. debts of the employee to the employer whichhave become due and demandable

ART 114. DEPOSITS FOR LOSS ORDAMAGE- Deposits for Loss or Damage to tools,

materials and equipment supplied by theemployer shall not be made, EXCEPTwhen the trade, occupation or businesses ofthe employer recognizes, or considers thepractice of making deductions or requiringdeposits necessary or desirable.

REQUISITES FOR DEDUCTION FORLOSS OR DAMAGE :

1. employee clearly shown responsible2. opportunity to show cause to show whydeduction should not be made

3. deduction is fair and reasonable and shallnot exceed the actual loss or damage

4. does not exceed 20% of the employeeswages in a week.

CHAPTER VWAGE STUDIES, WAGE

AGREEMENTS AND WAGEDETERMINATION

ART 122. CREATION OF THEREGIONAL TRIPARTITE WAGES ANDPRODUCTIVITY BOARDS

WHO MAY SET MINIMUM WAGE:


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1. Regional Tripartite Wages and ProductivityBoard

2. Congress

MINIMUM WAGE - The lowest wage rate fixedby law that an employer can pay hisemployees.

ART. 123 WAGE ORDER

WAGE ORDER an order issued by theRegional Board whenever the conditions in the

region so warrant after investigating andstudying all pertinent facts and based on thestandards and criteria prescribed by the LC, theRegional Board proceeds to determine whetherto issue the same or not.

EFFECTIVITY of a wage Order it shall takeeffect after 15 days from the its completepublication in at least one newspaper of generalcirculation in the region.

FREQUENCY of a wage order- Wage Orderissued by the Board may not be disturbed for aperiod of 12 months from its effectivity and no

petition for wage increase shall be entertainedduring said period. EXCEPTION: WhenCongress itself issues a law increasing wages.

ART 124. STANDARDS/CRITERIA FORMINIMUM WAGE FIXING

FACTORS FOR DETERMININGREGIONAL MINIMUM WAGE RATES(DACNNIPFEE)

1. Demand for living wages;2. Wage Adjustment vis-a vis the consumer

price index;3. Cost of living and changes or increases

therein;4. Needs of workers and their families;5. Need to induce industries to invest in the

countryside;6. Improvements in standards of living;7. Prevailing wage levels;8. Fair Return of the capital invested and

capacity to pay of employers;9. Effects on Employment Generation and

Family Income;10. Equitable Distribution of Income & Wealth

along the imperatives of economic andsocial development

WAGE DISTORTION - situation where anincrease in prescribed wage rates results in theelimination or severe contraction of intentionalquantitative differences in wage or salary ratesbetween and among employee groups in anestablishment as to effectively obliterate the

distinctions embodied in such wage structurebased on skills, length of service or other logicalbases of differentiation.

CORRECTING WAGE DISTORTION

Unionized Establishment

1. Negotiate to correct the distortion.2. Any dispute arising therefrom should be

resolved through grievance procedure undertheir CBA.

3. If the dispute remains unresolved, through

voluntary arbitration.

Establishments without Unions

1. The employers and workers shall endeavorto correct the distortion.

2. Any dispute arising therefrom shall besettled through the NCMB and

3. If it remains unresolved after 10 days ofconciliation, it shall be referred to the NLRC.

- Wage distortion is non- strikeable.

Is the employer legally obliged to try& correct a wage distortion?

It appears so. Article 124 of the Codeprovides that the employer and the union shallnegotiate to correct the distortions. If there isno union, the employer and the workers shallendeavor to correct such distortions.

Must the previous pay gaps berestored?

While that is the aim, it need notnecessarily be restored to the last peso. Anappreciable differential, a significant pay gapshould suffice as correction of the distortion.

CHAPTER VIIADMINISTRATION AND

ENFORCEMENT

ART. 128. VISITORIAL ANDENFORCEMENT POWER

ART. 129. RECOVERY OF WAGES,SIMPLE MONEY CLAIMS AND OTHER

BENEFITS- Under Art. 129, the Regional Director is

empowered through summary proceedingand after due notice, to hear and decidecases involving recovery of wages and othermonetary claims and benefits, includinglegal interests.


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REQUISITES :1. The claim is presented by an employee or

person employed in domestic or householdservice or househelper;

2. The claim arises from employer-employeerelations;

3. The claimant does not seek reinstatement;and

4. The aggregate money claim of eachemployee or househelper does not exceedP5, 000.00

- Access to employers records andpremises

the day/night whenever work is beingundertaken therein

includes the right to copy therefrom,to question any employee & investigateany fact, condition or matter which maybe necessary to determine violations orwhich may aid in the enforcement of theCode and of any labor law, wage order,or rules and regulations

- Issue Compliance Orders (ART. 128)

based on the findings of laboremployment and enforcement officers orindustrial safety engineers made in thecourse of inspection

- Issue Writs of Execution (ART. 128)

for the enforcement of orders

except in cases where the employercontests the findings of the said laborofficers and raises issues supported bydocumentary proofs which were notconsidered in the course of inspection.

- Order Work Stoppage/Suspension ofOperations

when non-compliance with the law orimplementing rules and regulationsposes grave & imminent danger to thehealth and safety of the workers in theworkplace.

- Conduct Hearings within 24 hours

to determine whether an order forstoppage of work/suspension ofoperations shall be lifted or not.

employer shall pay the employeesconcerned their salaries in case theviolation is attributable to his fault

- Require employers to keep and maintainEmployment Records

- as may be necessary in aid of hisvisitorial and enforcement powers

ART 128 ART 129

1. Visitorial andenforcementpower of theSecretary ofLabor /his dulyauthorizedrepresentativesexercised throughroutineinspections ofestablishments

1. Power of theRegional Director orany duly authorizedhearing officers tohear and decidematters involvingthe recovery ofwages, uponcomplaint of anyinterested party

2. requires theexistence of E-ERelationship

2. E-E relationship notnecessary since itshould not include aclaim forreinstatement

3. No limit as toamount of claim

3. Aggregate claim ofeach complainantdoes not exceedP5,000

4. Appeal is withSec.of Labor ;period of appealis 10 calendardays

4. Appeal with NLRC;period of appeal is5 calendar days

5. Person exercisingthe power is theSec. Of Labor orany of his dulyauthorizedrepresentativeswho may or maynot be a regionaldirector

5. The power isvested upon aregional director orany duly authorizedhearing officer ofthe DOLE.

TITLE IIIWORKING CONDITIONS FOR

SPECIAL GROUP OF EMPLOYEES

CHAPTER IEMPLOYMENT OF WOMEN

ART 130. NIGHTWORK PROHIBITION

- No woman , regardless of age, shall beemployed or permitted or suffered to work,

with or without compensation in any :

1. Industrial undertaking between 10PM-6AM2. Commercial/Non-Industrial undertaking

between 12 MN-6AM3. Agricultural undertaking at nighttime unless,

she is given a period of rest of not less than9 consecutive hours


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ART 131. EXCEPTIONS1. Actual/Impending Emergencies

caused by serious accident, flood,typhoon, epidemic or other disasters orcalamity, to prevent loss of life orproperty, or in cases of force majeure orimminent danger to public safety

2. Urgent work to be performed onmachineries, equipment or installation, toavoid serious loss

3. Work is necessary to prevent serious loss ofperishable goods

4. Where she holds a responsible position ofmanagerial/technical nature/engaged toprovide health and welfare service

5. Nature of the work requires the manual skilland dexterity of women workers & cannot beperformed with equal efficiency by maleworkers

6. Where women workers are immediate familymembers of the family operating theestablishment or undertaking

7. Analogous cases

ART 132. FACILITIES FOR WOMEN

The Secretary of Labor may requireemployers to:1. Provide seats proper for women and permit

them to use the seats when they are freefrom work or during office hours providedthe quality of the work will not becompromised;

2. To establish separate toilet rooms andlavatories for men and women and provideat least a dressing room for women;

3. To establish a nursery in the establishment;4. To determine appropriate minimum age and

other standards for retirement or termination

in special occupations such as those of flightattendants and the like

ART. 133 MATERNITY LEAVEBENEFITS

MATERNITY LEAVE UNDER THE SSSLAW

A female member, who need not belegally married, who has paid forat least three(3) monthly contributions in the 12-monthperiod immediately preceding the semester of

her childbirth or miscarriage shall be paid a dailymaternity benefit equivalent to 100% of heraverage daily salary credit for 60 days or 78days, in case of caesarian delivery.

REQUISITES :

1. Employee notified her employer of herpregnancy of the probable date of herchildbirth

2. Full payment be advanced by the employerwithin 30 days from the filing of the maternityleave application

3. That payment of daily maternity benefitsshall be a bar to the recovery of sicknessbenefits

4. That the maternity benefits shall be paidonly for the first four (4) deliveries ormiscarriages

5. That the SSS shall immediately reimbursethe employer of 100% of the amount ofmaternity benefits advanced to theemployee by the employer

6. That if an employee member should givebirth or suffer a miscarriage without therequired contributions having been remittedfor her by her employer to the SSS, orwithout the latter having been previouslynotified by the employer of the time of thepregnancy, the employer shall pay to theSSS damages equivalent to the benefitswhich said employee member wouldotherwise have been entitled to.

- ART 133 (b) subsists, i.e., the maternityleave shall be extended without pay onaccount of illness medically certified to ariseout of the pregnancy, delivery, abortion, ormiscarriage, which renders the woman unfitfor work , unless she has earned unusedleave credits from which such extendedleave may be charged.

LIMIT OF THE BENEFIT: Applies only for thefirst four deliveries irrespective of who is thefather of the children, and may not be availed of

in addition to sickness benefit under the SocialSecurity program.

RA 8187 (PATERNITY LEAVE)

- This law grants paternity leave ofseven daywith full pay to all married male employeesin the private and public sectors.

- It is available only for the first fourdeliveries of the legitimate spouse with whomthe husband is cohabiting.

DELIVERY includes childbirth, miscarriage, orabortion.

Purpose: to enable the husband to lend supportto his wife during the period of recovery and/or inthe nursing of the newly born child.


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CONDITIONS :1. he is an employee at he time of the delivery

of his child;2. he is cohabiting with his spouse at the time

she gives birth or suffers a miscarriage;3. he has applied for paternity leave ; and4. his wife has given birth or suffered a

miscarriage

- Paternity leave, if not availed of, is notconvertible to cash.

WIFE - refers to the lawful wife which means thewoman who is legally married to the maleemployee concerned.

- Where the male employee is alreadyenjoying the paternity leave by reason ofany law, decree, executive orders or anycontract, agreement or policy betweenemployer and employee and the existingpaternity benefit is greater, the greaterbenefit shall prevail; if lesser, theexisting benefit shall be adjusted to theextent of the difference.

ART 135. DISCRIMINATIONPROHIBITED

- It shall be unlawful for any employer todiscriminate against any woman employeewith respect to terms and conditions ofemployment solely on account of her sex.

Acts of Discrimination:

a. Payment of a lesser compensation for work

of equal value.b. Favoring a male employee over a femaleemployee solely on the account of theirsexes.

Sexual Harassment in a Work-Related orEmployment Environment :

1. the sexual favor is made as acondition in the hiring or in theemployment, re-employment orcontinued employment of saidindividual or in granting said individual

favorable compensation, terms,conditions, promotions, or privileges;or the refusal to grant the sexual favorresults in limiting, segregating orclassifying the employee which inanyway would discriminate, deprive ordiminish employment opportunities orotherwise adversely affect saidemployee

2. the above acts would impair theemployees rights or privileges underexisting labor laws or

3. The above acts would result in anintimidating, hostile, or offensiveenvironment (Sec. 3[a], RA No. 7877)

ART 136. STIPULATION AGAINSTMARRIAGE

- it shall be unlawful for an employer to requireas a condition for employment or continuation ofemployment that a woman employee shall not

get married, or to stipulate expressly or tacitlythat upon getting married a woman employeeshall be deemed resigned or separated, or toactually dismiss, discharge, discriminate orotherwise prejudice a woman employee merelyby reason of her marriage.

ART 138. CLASSIFICATION OFCERTAIN WOMEN WORKERS

- Any woman who is permitted to work orsuffered to work, with or without

compensation, in any night club, cocktaillounge, massage clinic, bar or similarestablishment, under the effective control orsupervision of the employer for a substantialperiod of time as determined by theSecretary of Labor, shall be considered asan employee of such establishment forpurposes of labor and social legislation.

CHAPTER IIEMPLOYMENT OF MINORS

ART 139. MINIMUM EMPLOYABLEAGE

- Any person between ages 15 and 18 maybe employed in any non hazardous work.

Exception and condition on theemployment of a child below 15:

1. When the child works directly under the soleresponsibility of his/her parents or legal guardianwho employs members of his/her family onlyunder the following conditions:

a. employment does not endanger thechilds life, safety, health and morals

b. employment does not impair the childsnormal development

c. the parent/legal guardian provides thechild with the primary and/or secondaryeducation prescribed by DECS


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2. Where the childs employment or participationin public entertainment or information throughcinema, theater, radio, or television is essential,provided that:

a. employment does not involveadvertisements or commercialspromoting alcoholic beverages,intoxicating drinks, tobacco and its by-products or exhibiting violence;

b. There is a written contract approvedby the DOLE; and

c. The conditions prescribed for theemployment of minors {above stated}are met.

NONHAZARDOUS WORK OR UNDERTAKING

one where the employee is not exposed to anyrisk which constitutes an imminent danger to hissafety and health.

HAZARDOUS WORKPLACES:

1. Where the nature of the work exposes theworkers to dangerous environmentalelements, contaminants or work conditions;

2. Where the workers are engaged inconstruction work, logging, fire-fighting,mining, quarrying, blasting, stevedoring,dock work, deep-sea fishing, andmechanized farming;

3. Where the workers are engaged in themanufacture or handling of explosives andother pyrotechnic products;

4. Where the workers use or are exposed toheavy or power-driven machinery orequipment; and

5. Where the workers use or are exposed topower-driven tools,

CHAPTER IIIEMPLOYMENT OF HOUSEHELPERS

RIGHTS OF HOUSEHELPERS:

1. minimum cash wage2. non-assignment to non- household work3. opportunity for education: if under 18 (cause

of education part of compensation)4. board/ lodging, medical attendance5. just and humane treatment6. indemnity for unjust termination of services7. just causes for termination8. right not to be required to work more than 10

hours a day9. for days vacation each month10. to regular wages if employed in industrial or

commercial or agricultural undertaking11. funeral expenses must be paid by employer

if the househelper has no relatives with

sufficient means in the place where the headof the family lives.

12. at least elementary education13. employment certification

CHAPTER IVEMPLOYMENT OF HOMEWORKERS

INDUSTRIAL HOMEWORK - a system ofproduction under which work for an employer orcontractor is carried out by a homeworker at hishome.

INDUSTRIAL HOMEWORKER - a workerwho is engaged in industrial homework

BOOK FOURHEALTH, SAFETY AND SOCIAL

WELFARE BENEFITS

TITLE IMEDICAL, DENTAL AND

OCCUPATIONAL SAFETY

CHAPTER IMEDICAL AND DENTAL SERVICES

ART 156. FIRST-AID TREATMENT

FIRST-AID TREATMENT adequate,immediate, and necessary medical and dentalattention or remedy given in case of injury orillness suffered by a worker during employment,irrespective of whether or not such injury orillness is work-connected, before a moreextensive medical and/or dental treatment canbe secured.

FIRST AIDER any person trained and dulycertified as qualified to administer first aid by thePhil. National Red Cross or by any otherorganization accredited by the former.

TITLE IIEMPLOYEES COMPENSATION AND

STATE INSURANCE FUND

WORKMENS COMPENSATON- A generaland comprehensive term applied to those lawsproviding for compensation for loss resulting

from the injury, disablement or death of aworkman through industrial accident, casualty ordisease.

COMPENSATION - Money relief affordedaccording to the scale established under thestatute as differentiated from compensatorydamages recoverable in an action at law for


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permanent partial loss of the use of any part ofhis body.

DEATH BENEFITS- The System shall pay to the primary

beneficiaries upon the death of the coveredemployee an amount equal to his monthlyincome benefit, plus ten percent thereof foreach dependent child, but not exceedingfive, beginning with the youngest andwithout substitution. The income benefitshall be guaranteed for five years.

DEPENDENTS:

1. the legitimate, legitimated, legally adopted oracknowledged natural child who isunmarried, not gainfully employed and notover 21 years of age or over 21 years ofage provided that he is incapable of self-support due to a physical or mental defectwhich is congenital or acquired duringminority

2. legitimate spouse living with the employee3. the parents of said employee wholly

dependent upon him for regular support

BENEFITS

1. for life to the primary beneficiaries,guaranteed for five years

2. for not more than 60 months to thesecondary beneficiaries in case there are noprimary beneficiaries

3. in no case shall the total benefit be less thatP 15, 000.00

THE BENEFICIARIES ARE:

PRIMARY BENEFICIARIESa. Dependent spouse until he remarriesb. dependent children ( legitimate, legitimated,

natural born or legally adopted)

SECONDARY BENEFICIARIESa. Illegitimate children and legitimate

descendantsb. parents, grandparents, grandchildren

BOOK FIVE

LABOR RELATIONSTITLE I

POLICY AND DEFINITIONS

ART 211. DECLARATION OF POLICY

LABOR RELATIONS LAW - Concerned with

the stabilization of relations of employerand

employees and seeks to forestall and adjustgrievances through - the encouragement ofcollective bargaining and the settlement oflabor disputes through conciliation,mediation and arbitration.

- Absent an employer-employee relation,there is no labor relations to speak of.

PARTIES TO LABOR RELATIONS

CASES:1. The employees organization,2. management, and3. the public

- The public is always to be considered indisputes between labor and capital, and itahas been held that the rights of the

general public are paramount.

- Labor relations policy under the LC isembodied in Section 3 Article XIII of the1987 Constitution which guarantees to all

workers their right among others to self-organization, collective bargaining andnegotiations, peaceful land concertedactivities including the right to strike inaccordance with law, and to participate inpolicy and decision making processesaffecting their rights and benefits as may beprovided by law.

ART. 212. DEFINITIONS

LABOR DISPUTE INCLUDES:

1. any controversy or matter concerning termsor conditions of employment or

2. the association or representation of personsin negotiating, fixing, maintaining, chargingor arranging the terms and conditions ofemployment, regardless of whether thedisputants stand in the proximate relation ofemployer and employee.

EMPLOYEE- shall not be limited to theemployees of a particular employer.

- it shall include any individual whosework has ceased: as a result of or inconnection with any current labordispute; or because of unfair laborpractice

- If he has not obtained any other:1. Substantially equivalent and

2. Permanent employment

san beda (no date) labor law (labor standards)

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