Legal Principles

1.

a.1. Prior Notice and Hearing
- ample opportunity means five (5) - day prior notice to explain ( 2007 Genuico)
- EE entitle to nominal damages; 30,000 violation of twin notice rule

Procedural requirement to terminate probationary employee
No need to observe the 5-day period for failure to qualify
If just cause, ER must comply with twin notice rule
Due process, formal conference under IRR mandatory only when requested by
the EE in writing, or substantial evidentiary disputes exist or a company rule or
practice requires it or when similar circumstances require it.
Ample opportunity to be heard under LC prevails over the hearing requirement of
the IRR (2009 Perez, En Banc)
Does LC require formla investigation before termination? No, LC provides only
ample opportunity; whereas IRR requires conference or hearing; LC prevails.

a.2. Imposable Penalty
- Double Jeopardy or penalty rule (1990 Filipino, Inc.)
- Past or Previous Infraction rule
- Totality of Infraction rule
- Doctrine of Discretionary Rule

Double Jeopardy Rule
An employee cannot be penalized twice for the same offense (1990 Filipino,
Inc.). Thus, if an EE has incurred absences in the past for which he had been
penalized, the ER cannot use these past infractions to impose a higher penalty.

Past or Previous Infraction Rule
Previous infraction which may be used as justification for an EEs dismissal
from work must be in connection with a subsequent similar offense. It cannot be
used if the offense recently committed is different from the previous offense (1996
Stellar Industrial Services, Inc.)
The previous infraction, in other words, may be used if it has bearing to the
proximate offense granting his dismissal (1998 La Carlota).

Totality of Infraction Rule
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The number of violations committed during the period of employment shall be
considered in determining the penalty to be imposed upon an erring employee. The
offenses committing by him should not be taken singly and separately but in their
totality. Fitness for continued employment cannot be compartmentalized into tight
little cubicles.

Doctrine of Discretionary Justice (1974 Almira)

Reliefs and Award 1.
Rule: Reinstatement and Backwages (Art. 279)
Award of Damages (Civil Code)

Separation Pay in Lieu of Reinstatement 2.
Company has closed (1988 Pizza Inn)
Strained relationship (1994 Mapalo). However, this must be pleaded, tried and
proved, and not based on mere impression alone (2009 Caligting). Mere
perception that antipathy and antagonism will exists is not sufficient.
One month pay for every year of service.
Worsening health condition (1998 Del Monte Phils.)
Has reached compulsory age of retirement (1998 Mendoza)
Occurrence of supervening event (1994 Sampaguita Garments) as when EE was
incarcerated (2009 Phil. Airlines)
If case is pending for many years (2008 Goma; 2008 Sari-Sari Group of
Companies)
EE opted not to be reinstated (1995 Labor)
Insolvency of company (2004 Electronics Asia)
Abolition of position (2002 Abalos) without substantially equivalent position
Unfavorable financial condition of company (2004 Mitsubishi)

Award of Backwages; Concept 3.
Scope of backwages under Art. 279 (2006 Equitable Banking Corp.) inclusive of
allowances and benefits e.g. fringe benefits
Excludes salary increase
Volatile?
Mere expectancy?
No degree of assuredness?
Base Figure: wage rates at time of dismissal inclusive of allowance e.g
emergency living allowance, 13th month pay
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full backwages without any deduction and qualification (1996 Bustamante):
Rationale? EE deserves to live
Reckoned from date compensation was withheld (or date of dismissal) until
actual reinstatement
Effect of reinstatement pending appeal on award of full backwages? Physical or
payroll reinstatement at ERs option
Reinstatement wages?
Backwages are granted on grounds of equity for earnings which a worker has
lost due to illegal dismissal. It may be awarded only when there is a finding of
illegal dismissal (1996 Belaungan cited in 4004 JAT Gen. Services)
Instance where EE is at fault right for LA to simply award reinstatement but
without backwages or is tempered
When an EE voluntarily terminates his employment, he I not entitled to
separation pay and backwages (2006 Abad)
Same rue if he abandons his employment (1992 Lemerz Saving & Loan Bank;
also 2004 Gabuaz)
When an EE mistakenly believes that he was dismissed when in fact he was not
is not entitled to separation pay (1997 Capili) especially when ER is willing to
accept him back (1997 Asia Fang Plywood)

Financial Assistance; Award
Award of separation pay financial assistance based on doctrine of
compassionate justice or doctrine of discerning compassion (1998 PLDT; 2002
San Miguel case)
Is it the same as doctrine of discretionary justice? (1974 Almira)
No legal or equitable justification for awarding financial assistance to an EE who
was dismissed for stealing company property even if he has been employed for
39 years and close to retirement (2009 Reno Ford, Inc.)
Compassion for the poor is not meant to coddle those who are unworthy of such
consideration.

Violation of Prior Notice and Hearing Rule
Prolonged absence is not abandonment (2009 Tacloban Far East Mktg. Corp.) as
it was due to an injury she sustained at the workplace. Moreover, as no notice
was served at her last known address, the ER violated her right to due process.
ER is liable to reinstate, pay backwages and indemnity of 30,000 (2009
Faeldowa)

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No AEP; No Legal Reliefs
An alien EE who worked in the Philippines without a proper work permit cannot
sue and claim EEs benefits under Philippine Labor Laws. To grant her prayer is
to sanction the violation of Philippine Labor Laws requiring aliens to secure work
permit before the employment. Status quo must prevail and the parties should be
left where they are.

Other award based on equity
A seaman is not entitled to separation pay upon expiration of fixed contract (citing
Millares). However, pay him financial assistance of 100,000 for his 11 years of
service (2009 Eastern Shipping Lines, Inc.)
When a machine operator decided to stop working due to his failing health, it is
he who initiated the severance of his employment especially since he rejected his
ERs offer for him to return to work.
However, as a measure of social and compassionate justice, having been
employed for 30 years, an award of financial assistance of 5,000 equitable (2011
Villaruel)

Authorized Causes
4.
Authorized causes and 30-day prior notice rule (Art. 283 and Art. 277 (b))

Analogous Cases
Non-renewal of lease contract resulting to closure of business (Shoppers Gain);
also closure of operation by DENR (2008 National Mine and Allied Workers
Union)
1.
Bona Fide Suspension of Operation 2.
Suspension of operation; scope and effect
Analogous to
Temporary lay-off (1995 Sebuguero; 1997 Dela Cruz; 2002 Arc-Mgn Food
Industries)
1.
Off-detail (1998 Sentinel Security; 2002 Galiman Security) 2.

Art. 286. Suspension of wages and benefits not more than 6 months.

JURISDICTION Art. 217 Original and Exclusive

LA v. Regular Courts
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Claim asserted and relief sought reasonable causal connection rule

Other Jurisdiction:
DOLE Regional Director (Art. 128 & 129) & SOLE & CA & SC 1.
SOLE (Art. 263 (g)) & CA & SC 2.
Med-Arbiter (Art. 257) by way of appeal to SOLE & by Rule 65 to CA & by Rule
45 to SC
3.
Bureau of LR (Art. 226 & 238) & SOLE & CA & SC 4.
**written reprimand is not dismissal
VA (Art. 261 & 262) & CA & SC 5.
NLRC (Art. 218) & CA & SC 6.

FREEDOM OF ASSOCIATION carries with it an equal right not to
associate (negative freedom)
Managerial employee cannot form union
Closed shop union security clause (Art. 248); most priced achievement of
unionism; imposed for continued employment
Religious freedom higher hierarchy than freedom of association

Commercial engaged in sale of goods & services 1.
Industrial processing & manufacturing raw materials into finished products 2.
Agricultural growing & planting crops 3.

Self-employed you dont bargain with yourself but for mutual aid and protection
Supervisory conflict of interest in areas of disciplining & collective bargaining;
considered as first level managers
Managerial conflict of interest
Note of the three-tiered EEs in labor relations

Creation of local chapter requires a federation or national union to issue a union
certificate

For purpose of this Section, any EEs whether employed for a definite period or
not shall beginning on the first day of his/her service be eligible for membership
in any labor organization e.g. probationary can form labor union

CANCELLATION OF UNION REGISTRATION
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Note 1:Jurisdiction of BLR (Art. 238) the certificate of registration of any LLO, whether
national or local, may be cancelled by the Bureau, after due hearing, only on the
grounds specified in Article 239.
Note 2:Cancellation of union limited to three grounds (please see Art. 239):
Misrepresentation, false statement or fraud with the adoption of the constitution
or by-laws or amendments thereto, x x x
1.
Misrepresentation, false statement or fraud in connection with the election of
officers, minutes of election of officers, and the list of votes
2.
Voluntary dissolution by the members 3.
x x x 4.
Mixed membership is not a ground for cancellation
Automatically deemed removed from list of membership of said union
those EEs outside the bargaining unit (Art. 245-A (RA 9341))

EXCLUSION AND INCLUSION PROCEEDIG DURING CERTIFICATION ELECTION
(CE)
The inclusion of supervisory EEs in a labor union seeking to represent the
bargaining unit of rank and file does not divest it of its status as a legitimate labor
organization. The LC does not provide for the effects thereof. Such mingling in
membership is not among the grounds for cancellation of union registration (2011
Samahang Manggagawa sa Charter Chemical Solidarity)

CANCELLATION OF UNION REGISTRATION
Failure to comply with reportorial requirements is not a ground to cancel
registration; erring officers and members liable e.g. expulsion from membership
(Art. 242-A (RA 9481))

JURISPRUDENCE
The withdrawal of member-employee form the union will affect neither the unions
registration nor its petition for CE as their affidavits of retraction were executed
AFTER the unions petition for certification had been filed (2010 Eagle Ridge Golf
& Country Club)
ILO Convention No. 87 provides that workers & ERs organization shall not be
liable to be dissolved or suspended by administrative authority. The dissolution of
a union & cancellation of registration for that matter involve serious
consequences of occupational representative (2011 Heritage Hotel Manila)

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UNION MEMBERS OBLIGATION
Union dues v. Agency fees
Assessment of agency fees from non-union EEs and deductions thereof from
the EEs salaries (Art. 248(e)) even in the absence of individual written
authorization of the non-union EE accept the benefits under the CBA
Do not assess union dues to non-members
Unions right to agency fees is neither contractual nor statutory but quasi-
contractual

Art. 110. Workers Preference in case of Bankruptcy
Requires public proceeding
Preference of credit does not constitute a lien on the property
Claim of the government is subordinate to the claim or workers
Workers Preference
(Barayoga c. Asset Privatization Trust GR NO. 160073, October 24, 2005) which
is an ordinary preferred credit; it is first priority in the order of preference
(2009 Loy, Jr.) the board and the union

Jurisprudence
Labor claims are included among the actions suspended upon placing under
rehabilitation of the ER corporation where a receiver is appointed (2009 Tiangco)
Claims arising from criminal case is not suspended
Gives temporary relief to the corporation to pay its debt

ATTORNEYS FEES & APPEARANCE (ART 111 & 222)
Two concepts of attorneys fees: ORDINARY AND EXTRAORDINARY
In the concept of damages; awarded to clients
See 2011 NLRC Rules
See Art. 2208 of NCC
Proof of bad faith is required in CC because no permission to litigate
Attorneys Fees (LC) v. Attorneys Fees (NCC)

LEGAL PRINCIPLES
Award of AF pertains to the EE and the EE can waive the same & execute a quit
claim without the conformity of his counsel
An attorney can recover his AFs from the union which he represented in the CBA
Negotiation based on quantum meruit even in the absence of board authority
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provided such representation is with the knowledge and acquiescence
No interest in claim for AF since practice of law is a profession, not a money
making venture
But if it is in the concept of damages, it will earn interest
In an action for recovery of wages & benefits, AFs may be awarded under Art.
111 even without need of showing malice or bad faith on the part of the ER.
There need only be a showing that the lawful wage were not paid accordingly
(2011 Kaisahan at Kapatiran)
The award of AF is payable not to the lawyer but to the client, unless the client &
his lawyer have agreed that the award shall accrue to the lawyer as additional or
part of compensation
Art. 111 is an exception to the declared policy of strict construction in x x x
Award of AF is not matter of right because there is no premium to litigate

SPECIAL TYPES OF WORKERS
Apprentices highly technical industries; apprenticeable occupation; approval
of TESDA
1.
Learners there is commitment to hire as regular worker of learners so desire 2.
Handicapped workers 3.
Disabled person (RA 7277) 4.

EMPLOYMENT OF APPRENTICE V. LEARNER
Compensation not less than 75% of the minimum wage
Cannot reduce OT except if no available regular workers OT hours is part of
training hours
Not compensated if required for graduation
Tax incentive of ER decides to hire apprentices

HANDICAPPED WORKERS
Impairs his earning capacity by reason of age or deformity
Deaf-mute is not handicapped

Fernandez case:
Paid just like abled worker
Contractual EE
Period of employment is fixed
Can be paid at a substantial rate (75%)
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In cases of apprentice, learners, handicapped
Apprentice suing ER committee must be created to handle the dispute; LA no
jurisdiction

Apprenticeship and Employment Program
(Dole DO No. 68-04 S. 2004 as amended by DOLE Circular 2)

unemployed 15 years old and above
apprenticeship period is 3-6 months
employing 10 or more regular worker
LIMIT : not more than 20% of the regular workforce

Employment of Women (Art. 130-138)
Sec. 14, Art. II & Sec. 14, Art XIII
Role of women in nation building; equality before the law; right to safe and
healthful working conditions
UN Convention in the Elimination of All Forms of Discrimination Against Women

Article 130-131
RA 9710 repealed by RA 10151 (An Act Allowing Employment of Night Workers
effective on July 12, 2011)

Facilities for Women (Art. 132)
Provide seats

Maternity Leave Benefits (Art. 133) see also Social Security Act of 1997 (RA 8282)
First 4 deliveries
Apply to married, single

Family Planning Services; see RH Law (RA 10354)
ER who shall suggest unlawful for an ER not to hire by reason of number of
children or pregnancy
Responsible Parenthood and reproductive health at Art. 135, 136, 137, 138

Case: PT&T policy is void
Case: Del Monte Phils v. Velasco GR No. 153477, March 6, 2007 dismissal
of woman employee who incurred absences due to sickness that was pregnancy-
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related since pregnancy is a continuing condition

Other Special Laws; Women
Anti-Violence Against Women (RA 9262) 1.
Mail Order Bride (RA 6955) 2.
Anti-Sexual Harassment Act (RA 7877) 3.
Women in Development and nation-Building (RA 7192) 4.
Magna Carta of Women (RA 9710) 5.
Expanded Breastfeeding Promotion Act of 2009 (RA 7600, amended by RA
10028)
6.

Sec. 1, DO No. 11 9-12 secure a copy
ALL persons who shall be employed permitted to work at night
Exceptions:
agriculture 1.
stock raising 2.
fishing 3.
maritime transport 4.
inland navigation 5.
any employee who works 10pm-6am provided who worked at least 7 consecutive
hours

Right to Healthful Assessment and to an Advice on Health Problem
right EEs at their request
before taking up an assignment
at regular intervals during such assignment
if he experiences health problems during such assignment
without charge
shall be confidential
shall not be used to EEs detriment
except for a finding of unfitness for nigh workers

Right to Mandatory Facilities
Suitable to first aid and emergency facilities 1.
Lactation Station (nursing EEs) 2.
Toilet Facilities separate form men 3.
Facility for eating with potable drinking water 4.
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Temporary sleeping quarter (properly ventilated) separate form male,
transportation facility
5.
Exceptions:
Existing equivalent or superior benefit 1.
Start or end of night work does not fall within 12-5am 2.
Workplace is accessible to public transportation 24 hrs 3.
Number of EEs does not exceed the number 4.

Right to Transfer
Due to health reasons certified by a competent physician unfit to render night
work

Transfer to another job
Must be a job where he is fit to work whenever practicable
Similar or equivalent position
Good faith

If not practicable
Entitled to same benefits as other workers who are unable to work due to illness

If night worker is deemed unfit to work for at least 6 months
Same benefits
If less than 6 months, cannot be terminated; forced leave with pay until fit to work

Right to an alternative to night work; Pregnant and Nursing EEs
If transfer to day work where is is possible
Paid maternity leave
Extension of maternity leave (without pay or using earned leave credits)

Transfer to day work
Conditions:
Before and after childbirth 1.
8 weeks before and 8 weeks after 2.
During or after childbirth 3.
For a period not more than 4 weeks or higher 4.

Night Work Schedule; Prior Consultation
At his own initiative
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Regular consultation
Changes shall be agreed upon

Criminal Penalties
Fine or imprisonment or both at discretion of Judge

Employment of Minors
Below 15: 20 hours per week; 4 hrs per day; 8pm-6am
Ages 15-18: 40 hours; 8hrs per day; 10pm-6am
Child labor: any work or actively performed by a child subjecting him to any form
o exploitation, harmful to his health and safety or physical or mental
Hazardous or deleterious
Slavery
Serfdom and forced labor
Exposes child to abuse

EMPLOYMENT OF HOUSEHELPER
January 25, 2013 (RA 10361); Araw ng mga Kasambahay
Upon approval January 18, 2013
Effective February 9, 2013

LC RA 10361
Age: Silent At least 15 years old
Domestic Worker: Work performed in or for a household
Monthly Minimum Wage:
800
650
550

2,500 NCR
2,000 cities & first class municipalities
1,500 other municipalities
Silent Adjustment of Minimum Wage under
RTWPB
Periodic review
Silent Assignment
excluded Entitled to 13th month pay (I month service)
Silent Pay slip (in cash)
Daily rest period 16 hrs of work 8 hrs rest period; aggregate
Weekly rest period At least 24 consecutive hours
Schedule arrange; religious ground
Adequate food Board and lodging; three adequate meals/
day
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Suitable living quarter Humane and safe sleeping arrangement
Silent Rest and assistance in case of illness and
injuries suffered during service without loss
of benefit
Silent Guarantee of privacy
Extends to all forms of communications and
personal effects
Silent
Prohibition against privileged
information covers all
communications and information
Prohibits public disclosure;
inadmissible in evidence
Access to outside communication
During free time
During work time in case of
emergency
SSS Benefits: SSS if not over 60 & paid a
monthly salary of at least 1,000 (RA 7655)


Silent
Social Benefits: SSS, PhilHealth,
HDMF
At least 1 month of service
But if the worker is paid 5,000 and
above, worker must share
Entitled to all other benefits under
existing laws e.g. paternity leave
Failure to register subject to sanction
No requirement, can be oral or written
Requires execution of written employment
contract before commencement of service in
a language or dialect known to both
Silent
Incorporate in the contract the duties
& responsibilities, period,
compensation, authorized
deductions; hours of work &
allowable leaves, board & lodging &
medical attention
Agreement on deployment
expenses, loan agreement,
termination of employment, other
lawful conditions
Domestic worker is liable to pay
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Silent Parties may agree on pre-termination of
employment relationship (just causes)
Verbal or emotional abuse, inhuman
treatment, breach of terms and
conditions, disease
1.
Misconduct, gross or habitual
neglect of duty, disease
2.
Employment certificate Same
To issue the same within 5 days form
request
Silent
Private employment agencies
Regulated by DOLE; solidarily liable
for all wages, wage-related benefits
& other benefits
Article 129
Jurisdiction of DOLE Regional Office
on all labor-related disputes
No reinstatement; payment of
benefits
Silent
Registry of Domestic Workers
Employer is required to register in
the brgy. Where his residence is
located
DILG/DLE

CRIMINAL OFFENSES (10,000 40,000)
Deposit for loss or damage 1.
Prohibition on debt bondage 2.
Employment below 15 3.
Prohibition on interference on disposal of wages 4.
Prohibition against withholding of wages 5.

TRANSITORY PROVISIONS
Rights of Domestic Worker:
Right to minimum monthly cash wage (and to Pay slip) 1.
Right to basic necessities (Board, Lodging & Medical Attendace) 2.
Right to respect for privacy 3.
Right to access to outside communication 4.
Right to opportunity to basic education & training 5.
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Right to safe and healthful working condition 6.
Right to daily rest period 7.
Right to weekly rest period 8.
Right to annul service incentive leave every year 9.
Right to 13th month pay 10.
Right to social benefits 11.
Right to other benefits 12.
Right to indemnity in case of unjust dismissal 13.
Right against abuse & violence 14.
Right to certificate of employment 15.

Obligations of Domestic Worker
To render satisfactory service at all times 1.
To keep private & confidential all communication and information pertaining to the
ER or member of the household
2.
To pay for the costs of using ERs telephone or other communication facilities, if
any
3.
To honor and respect his contract until the expiration 4.
To abandon the ER without just cause forfeit salary of not more than 95
days salary
To observe the 5 day prior notice 5.

Jurisprudence
A person who works at the company premises whose duty was to cook and
prepare lunch for the companys EEs is a regular EE and not a househelper,a s
she does not cater exclusively to the personal comfort of the family (2006
Remington Industrial, Corp.)
Complainant was tasked of cleaning the house & cooking ( please see the case
of 2011 Col Nathanie Mari House)

EMPLOYMENT OF HOMEWORKERS (Art. 153-155)
Industrial homeworker is a system of production under which work for the ER or
contractor is carried out by a homeworker at his/her home. Materials may or may
not be furnished by the ER or contractor.
Home refers to dwelling place
Entitled to minimum wage except knitting, embroidery (needlework)

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Different form factory production
Industrial homeworker is a decentralized form of production where there is
ordinarily very little supervision or regulation.

Processing; Concept
Means manufacturing, fabricating, packing, wrapping

Homework; Prohibitions
explosives, fireworks ad article of like character
Drugs and poisons
Other articles (toxic substances)

Payment of Compensation
Immediately upon receipt by the ER of the finished goods or articles from the
homeworker or contractor

NOTE 1: No need to pay again of the work was improperly executed redo

NOTE 2: If goods & articles have been returned for reasons due to the fault x x x

EMPLOYMENT OF NON-RESIDENT ALIENS
Rule:
AEP for all foreign nationas who intend to engage in gainful employment in the
Philippines.

Exception:
Members of diplomatic service & foreign government officials accredited by and
with reciprocity arrangement with Philippine government
1.
Officer and staff of international organization of which the Philippine is a member 2.
Foreign nationals elected as members of the governing board who do not occupy
any other position but have only voting rights
3.
Foreign nationals who come to teach, present and/or conduct research studies in
universities and colleges or visiting or exchange professors under formal
agreements
4.
Permanent resident foreign national, temporary resident visa holders 5.
Owner and representative of foreign principal whose companies are accredited
by POEA who come to the Philippines for a limited period and solely to interview
Filipino applicants for employment abroad
6.
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All other foreign nationals granted exemption by law (DOLE D.O. No. 97-09 S.
2009)
7.

EMPLOYMENT OF STUDENTS Working Scholars (Sec. 14, Rule X,
Bk III)
No ER-EE
Issued for the purpose of administering and enforcing the provision of the LC in
Condition of Employment (1991 Filamer Christian Institute)
Special Program for Employment of Students (RA 7323, amended RA 9547)
Employing at least 10 persons
Poor but deserving students
15-25 years old

Time of Employment
If in secondary level during simmer and/or Christmas
If in tertiary, vocational any time of the year

Length of Employment
20-52 working days if ET only except during Christmas vacation
10-15 days of ET (ER-EE exist but limited period)

Compensation
Entitled to minimum wage
60% in cash by ER
40% in voucher by government to answer for tuition and books

Other Special Laws
RA 7686 Dual Training System Act of 1994
No ER-EE
Considered trainees
No salary but allowance not less than 75% of applicable minimum wage

EMPLOYMENT OF ACADEMIC/NON-ACADEMIC
PERSONNEL
Manual of Regulation for Private Higher Education of 2008 (CHED Memo. Order
No. 40, S. 2008)
2010 Revised Manual of Regulation for Private Schools in basic Education
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(DepEd Order No. 88, S. 2010)

Principle of Laws
The manual of Regulation for Private School and not the LC determines whether or not
a faculty member in an educational institution.

Personnel in Higher Education
Academic Personnel
Academic Support Personnel
Non-Academic Personnel LC applies

Full-time Faculty or Academic Personnel; Higher Education (Sec. 36)
Possess at least the prescribed minimum academic qualifications 1.
Paid monthly or hourly based on regular teaching 2.
Devotes not less than 8 hours of work a day 3.
No other remunerative occupation elsewhere requiring regular hours of work 4.
Not teaching full time in any other higher educational institution 5.

Acquisition of regular or permanent status; conditions
Must be full-time 1.
Must have satisfactory completed his/her probationary employment 2.
Must be re-hired or re-appointed immediately after the end of his/her
probationary employment (Sec. 118)
3.

**At the end of probationary period, the decision to re-hire a probationary belongs to the
university

Forfeiture of regular or permanent status, at discretion of school
(Section 118) considered resigned when he/she requests for a teaching load equivalent
to a part-time load.

NOTE 1: If forfeited, status is converted to a term-contract employment
NOTE 2: Regular teaching load no case to exceed for 24 units per semester
NOTE 3: Normal hours of work of teaching or academic personnel shall be based on
their normal (or regular) teaching loads.
NOTE 4: Any teaching load in excess of the normal (or regular) teaching load shall be
considered as overload.
NOTE 5: If performed within the 8 hours work, overload shall be considered as an
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overload honorarium.
NOTE 6: If performed beyond the 8 hour daily work is overtime.
NOTE 7: Overload is essentially a temporary arrangement resorted to when there is no
faculty available to teach the subject/ cover a part

Doctrine of Laws
Overload pay is excluded from the 13th month pay, as it is paid by additional
work in excess of the regular teaching load (2008 Letra Calamba)

Higher Education; Part-time
Those who do not meet the qualification prescribed for full-time employment
Those who at the same time hold positions in the government unless permitted
by the institution

Tenure; Part-time
A part-time EE cannot acquire a regular permanent status and hence may be
terminated when a qualified teacher becomes available.

Principle of Laws
A part-time teacher cannot acquire a permanent status.
Thus, the 3 semesters he served as part-time lecturer could not be credited to
him in computing the number of years he has served to qualify her to permanent
status.

Basic Education; Personnel
School teaching personnel
Non-teaching personnel includes kindergarten

Full-time Employment; Basic Education; Conditions
Meets the minimum prescribed qualifications 1.
No other remunerative employment regular working hours elsewhere 2.
Services at least 8 hours a day 3.

Employment of Senior Citizens RA 9994 (Expanded Senior
Citizens Act of 2010)
Entitled to additional deductions from income equivalent to 50% of the total
amount paid as salaries & wages to senior citizens
At least 6 months employment
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Employment of Drivers & Conductors in Public Utility
Bus Transport Industry DO No. 118-12, S. 2012 dated January 13, 2012

Notarial Employment Contract
Part-fixed, part-performance based Compensation
Mutually agreed between the owner/operator and the driver & conductors

Fixed Wage; Component
Amount actually agreed upon BUT not lower than the applicable minimum wage
(Basic + COLA)
Shall include wage related benefits
Maybe fixed on time (eg daily/monthly); per trip or per km/distance, within an 8
hour period; result or output based (Sec. 2, Rule II, NWPC Guidelines No. 1, S.
2012)

Performance-based; Component
Business performance (revenue/ridership)
Safety performance (safety record ie incidence of road accident, traffic violations)
Furnish the driver or conductor with original copy (Sec. 1, Rule II)

Hours of Work; Overtime
Not exceed 8 hours a day
If required to work overtime, maximum hours of work shall not exceed 12 hours
in any 24 hour shift, subject to safety and operation conditions of the bus (Sec. 3,
Rule II)

Rest Period
On trip at least 1 hour exclusive of meal breaks within a 12 hours shift

Medical, Dental and Occupational Safety Art 156-165 BWC

Employment of Physician/Nurse/Dentist (Art. 157 on Emergency Medical &
Dental Services) depend on number of EEs & nature of establishment (2009
Escasinas; 2005 Phil Global)
Art. 161. Assistance of ER; Key Elements:
Necessary assistance
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The ERs advice for the sick EE to take a 3-day rest and later have him brought
to the nearest hospital will suffice (2011 Ocean Builders Construction Corp.)
The detrination of what the phrase adequate & immediate medical attendance
means is left to the ER (2003 Tolosa) Art. 161 does not grant or specify a claim or
relief of. Thus, claims for an ER violation thereof are beyond the jurisdiction of LA
just a labor standard provision

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