Professional Documents
Culture Documents
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LABOR STANDARDS REVIEWER 3
General rule when it comes to resident physicians: there is • All benefits of the employee under the CBA
employee-employer relationship. EXCEPT WHEN: o Severance pay
• When there is a training agreement. o Unpaid salaries for work done
The training program is duly accredited or approved by the
government agency The following determines the amount of wages:
1. Collective bargaining agreement – provided that what the
LABOR-ONLY CONTRACTING JOB-ONLY CONTRACTING wage prescribed is more than what is under the law.
When there is no sufficient The person is in an independent 2. employment contract – provided that what the wage
capital and equipment. Can only business BUT the capital and prescribed is more than what is under the law.
supply labor facilities belongs to the principal 3. Law
No relationship between Carries on an independent
contractor and employee. The business and undertakes work Note: Collective bargaining agreement determines the rights of the
relationship is between the on his own account employees. When there is a CBA, this becomes the law between the
employee and the principal employer and employee provided that it does not violate law or
employer public morals
Example: agencies who hire
people and assign them to Facilities
companies • articles or services for the benefit of the employee or
*An independent contractor has all the facilities. The person his family
transacting with the independent contractor only has control • Items of expense necessary for the laborer’s and his family’s
over the result of the work of the independent contractor. existence
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LABOR STANDARDS REVIEWER 4
• constitute extra remuneration or special privileges or benefits c. workers employed in cottage industries duly registered in
given to or received by the laborers over and above their accordance with law and who perform work in their homes
ordinary earnings or wages.
• Independent of the wage and not deductible d. workers duly registered cooperatives as recommended by the
• For the benefit of the employer bureau of cooperative development and approved by the
Secretary of Labor
What an employee has worked for, his employer must pay.
e. Farm Tenancy of lease hold
WAGES SALARIES
paid to blue collar workers, paid to white collar workers. Equal Pay for Equal Work
for skilled or unskilled manual denotes a higher grade of • Persons who work with substantially equal
labor paid at stated daily, employment, a superior grade qualifications, skill, effort and responsibility, under
weekly, monthly or seasonal of services and a position of similar conditions should be paid similar salaries.
periods. office.
• If an employer accords employees the same position and rank,
NOT subject to execution or excluded in the computation of the presumption is that these employees perform equal work.
attachment except for debts basic salary
incurred for food, shelther, • sick, vacation and o Presumption: Same position and rank, equal
clothing and, medical maternity leaves work
attendance (Rosario Gaa v • nigh differentials
Court of Appeals) • regular holiday pay
• premiums for work done B. Minimum Wage Rates
on rest days and special • Lowest basic wage rate fixed by law that an employer can pay
holidays his employees (statutory minimum wage)
Living wage
• economically feasible to maintain the minimum standards of RA 6727 (Wage Rationalization Act)
living necessary for the health and efficiency and general well- • Mandates the fixing of the statutory minimum wages
being of the employees within the framework of the national applicable to different industrial sectors, namely, non-
economic and social development program. agricultural, agricultural plantation and non- plantation,
cottage/handicraft, and retail/service, depending on the
number of workers or capitalization or annual gross sales in
Exclusions from coverage some sectors
a. persons in the personal service of another
• Established the Regional Tripartite Wages and Productivity
b. homeworkers engaged in needlework Boards which has the authority to fix the wage rates
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LABOR STANDARDS REVIEWER 5
o Distressed establishments Exception: To correct and error, otherwise, if the error is left
uncorrected for a reasonable period of time, it ripens into a company
o Other firms or employers as determined by the board, policy and employees can demand for it as a matter of right.
when specifically exempted from compliance for a
period fixed by the board. Bonuses does not form part of salary. Generally, they are not
demandable. However, the following are demandable
3. Workers of registered Barangay Micro Business Enterprises bonuses:
with Certificates of Authority issued by the Office of the 1. When given with condition
Municipal or City Treasurer
2. 13th month salary
a. 14th or more are no longer demandable
Minimum wage of workers paid by results is determined 3. When it forms part of the contract
through: 4. When given as company policy for at least 6 months,
a. Time and motion studies customary or voluntary employer practice
a. Requisites for voluntary employer practice such
b. Consultation with representatives of employers and workers that the same cannot be unilaterally withdrawn
organizations in a tripartite conference called by the DOLE anymore:
Secretary i. Practiced over a long period of time
ii. Consistent and deliberate
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LABOR STANDARDS REVIEWER 6
b. Significant change in the salary rate of a lower pay class facility for encashment employee to receive their
with a concomitant increase in the salary rate of a higher one within a radius of 1 wage within the period and in
kilometer from the the amount prescribed under
c. Elimination of the distinction between the two levels workplace the Labor Code
o The employer, or any of
d. Existence of the distortion in the same region of the his agents or • There is a bank or ATM facility
country representative, does not within a radius of 1 km
receive any pecuniary
benefit, directly or • Employer shall issue a
C. Payment of Wages indirectly, from the evidencing payment of wages,
arrangement. benefits and deductions for a
Art. 102 Forms of payment – An employee may only be paid by o The employees are given particular period upon request
legal tender by the employer Art 1705 of the Civil Code – laborer’s reasonable time during of the concerned employee
wages shall be paid in legal currency. banking hours to withdraw
their wages from the bank • ATM system of payment will
Promissory notes, vouchers, tokens, tickets, chits, or any object other which time shall be not result in diminution of
than legal tender, even when expressly requested by the employee considered as benefits and privileges of the
are not allowed. compensable hours worked employee and neither the
if done during working latter incurs additional
Legal tender – that currency sufficient under the law to effect hours expenses in the process
payment of a debt or obligation (Sibal, Phil. Legal Encyclopedia, 608) o The payment by is with
the written consent of the • Employer shall assume full
All notes, coins, currencies issued by the Central Bank are legal employees concerned if responsibility in case the
tender for all debts, public and private. A check is not legal tender. there is no collective wage protection provisions of
WHEN PAYMENT OF CHECK WHEN PAYMENT THROUGH agreement authorizing the law and regulations are not
OR MONEY IS ALLOWED ATM IS ALLOWED payment of wages by bank complied with under the
• When such manner of • With the written consent of checks. arrangement
payment is customary on the the employee
date of effectivity of this Code
• Because of special • Employees are given Penalty for Violation – Art 288 of the RPC imposes a penalty of
circumstances in appropriate reasonable time to withdraw arresto mayor or a fine ranging from 200-500 pesos or both to any
regulations issued by the their wages from the bank person who shall pay the wages due a laborer employed by him by
Secretary of Labor and facility, and if done during means of tokens or objects other than legal currency of the
Employment working hours, shall be Philippines.
• When stipulated in the CBA or considered as compensable
where all these conditions are hours worked Art. 103 Time of payment – wages shall be paid at least once
met: every two weeks or twice a month at intervals not exceeding
o There is a bank or other • System shall allow the sixteen days.
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LABOR STANDARDS REVIEWER 7
Exceptions: places or in places where games are played with stakes of money or
thing reperesenting money except in the case of persons employed in
1. Force majeure or circumstances beyond the employer’s said places.
control provided that he pays the wages immediately after
Art. 105 Direct Payment of Wages Wages shall be paid directly to
2. Wages of employees engaged to perform tasks that the workers to who they are due
cannot be completed in two weeks. In the absence of a
CBA or arbitration award: Exceptions:
a. Payments are made at intervals not exceeding sixteen a. Force Majeure – during which case the wages may be paid to
days , in proportion to the amount of work completed another person under a written authority given by the
worker.
b. Final settlement shall be made upon completion of
work b. When the worker has died – payment to the heirs without
need for intestate proceedings. Claimants shall execute an
affidavit attesting to their relationship to the deceasese.
Art. 104 Place of Payment – Payment of wages shall be made at or
near the place of undertaking except as otherwise provided by such c. In case of conflicting claims over the uncollected wages of
regulations Secretary of Labor and Employment may prescribe under deceased employee:” It should be borne in mind that in cases
conditions to ensure greater protection of wages where the second wife had in good faith contracted marriage
with the decedent notwithstanding the existence of his
Rule VIII, Section 4 marriage with the first wife, the court has generally sought
and applied a just and equitable solution and division of the
a. As a general rule, the place of payment shall be at or near the decedent’s estate among the two innocent parties”.
place of undertaking unless:
1. Reason of the deterioration of peace and order
conditions or of actual or impending emergencies Payment through Contractor
caused by fire, flood, epidemic or other calamity
rendering payment impossible The leader who a contracted a stevedoring work may receive
payment of wages for the workers. The wages was undertaken by not
2. Employer provides free transportation back and forth in their individual capacities but as a group through their leader-
contractor.
3. Time spent by the employees in collecting wages shall
be considered compensable hours Contractor or subcontractor
fails to pay the wages of his employees in accordance with In house agency – a contractor or subcontractor engaged in the
this Code, the employer shall be jointly and severally liable supply of labor which is: a.)owned and controlled by the principal:
with his contractor or subcontractor to such employees to the and b.) operates solely for the principal owning managing, or
extent of the work performed under the contract, in the same manner controlling it. This is contrary to law public policy.
and extent that he is liable to employees directly employed by him.
The Secretary of Labor and Employment may, by appropriate Job contracting – allowed by law if:
regulations, restrict or prohibit the contracting-out of labor to protect a. Contractor carries out an independent business and
the rights of workers. undertakes the contract work on his own account, under his
own responsibility, according to his own manner and method,
There is "labor-only" contracting where the person supplying from the contorl and direction of his employer or principal in
workers to an employer does not have substantial capital or all matters connected with the performance of work except as
investment in the form of tools, equipment, machineries, work to results;
premises, among others, and the workers recruited and placed by
such person are performing activities which are directly related to the b. The contract has substantial capital or investment in the form
principal business of such employer. In such cases, the person or of tools, equipment, machineries, work premises and other
intermediary shall be considered merely as an agent of the employer materials which are necessary in the conduct of his business.
who shall be responsible to the workers in the same manner and
extent as if the latter were directly employed by him.
There is no employer-employee relationship between contractors,
Purpose of the law – to protect the workers from some employees and the principal. However, when a contractor fails to pay
unscrupulous employers. Thus, the law creates an employer- the wages of his employees, he becomes obliged to do so as though
employee relationship between the employer and the contractor’s he were the employer, but only for this purpose.
workers.
Indirect employer – one who contracts with an independent
Directly related activities and activities necessary or contractor for the performance of any work, task, job or project nor
desirable in the usual business or trade directly related to the employer’s business.
Directly related activities – those which are directly related to the Posting of bond – An employer or indirect employer may require
principal business of the employer – covered by Art 106 the contractor or subcontractor to furnish a bond equal to the cost
of labor under contract, on condition that the bond will answer for the
Activities necessary or desirable in the usual business or trade – wages due the employees should the contractor or subcontractor, as
covered by Article 280 the case may be, fail to pay the same.
Legal effect of a finding that the contractor is merely a “labor Solidary liability – Other provisions of the law notwithstanding,
only” contractor – employer is responsible to the employee of every employer or indirect employer shall be held responsible
the the labor only contractor as though they were directly with his contractor or subcontractor for any violation of any
employed by him provision of this Code. For purposes of determining the extent of
their civil liability under this Chapter, they shall be considered as
direct employers.
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LABOR STANDARDS REVIEWER 9
D. Prohibitions Regarding Wages 3. In other cases where the deduction is authorized by law or
regulation issued by the Secretary of Labor, ex.: taxes
o No employer shall limit or otherwise interfere with the freedom of (withholding taxes); SSS contributions; Philhealth contributions;
any employee to dispose of his wages; agency fees; Abad -deduction from employees’ wages of
o Oblige any of his employees to patronize any store or avail of the debt due the employer. Art. 1706, Civil Code, vs. Art. 114,
services offered by any person. Labor Code.
o Wage Deductions: No employer on his behalf or on behalf
of any person make any deductions from the wages of his 4. Illegal Deposits – [Five J Taxi vs. NLRC, 235 SCRA 556 (1994)]
employees. It was held that the P15 daily deposit made by taxi drivers to
defray shortage in their “boundary” is covered by the general
Note: Article 1706 allows deduction for a debt due the employer. prohibition under Art. 114 of the Labor Code. not an
Which law shall prevail? exception
o Deduction from employee’s salary as the company’s share for
job procurement, even if based on a contract in writing; 5. Where the deductions are for the payment to a third person
[Commando Security Agency vs. NLRC, 211 SCRA 645 (1992)]. and the employer agrees to do so, provided that the latter does
The contract is void ab initio being contrary to law and public not receive any pecuniary benefit, directly or indirectly from the
policy. [Mercury Drug Co., Inc., vs. Dayao, 117 SCRA 99, 166 transaction;
(1982)];
o An employee’s obligations arising from non-payment of stock 6. Deductions to answer for loss of damage, under these
subscription to the corporation cannot be deducted from the conditions:
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LABOR STANDARDS REVIEWER 10
d) The deduction does not exceed 20% of the employee’s Lawyer hired on contingent basis – A lawyer dismissed by the
wages in a week. clients because he refused to represent them in an out-of-court
settlement has no right to interfere in the implementation of their
No Work-No Pay Principle claims in his efforts to collect attorney’s fees not due him. (Chua vs.
o The age-old principle governing the relations between labor NLRC 190 SCRA 558).
and capital, that is, a fair day’s work for a fair days’ labor
remains as the basis in determining employees’ wages. The financial capacity and economic status of the clients can be
(Aklan Electric Coop., Inc., vs. NLRC, 323 SCRA 258).If there is taken into account in fixing the reasonableness of the attorney’s fees.
no work performed by the employee, there can be no wage However, where the clients are mere janitors whose fees are so low,
paid unless the worker is able and willing to work but was the equivalent of 50% is excessive. (Atty. Taganas vs. NLRC, 64 SCAD
illegally dismissed or locked-out or illegally prevented from 226, G. R. No.118746, 7Sept. 1995).
working.
o The doctrine of "no-work-no-pay" is a fundamental axiom When the issues are so simple, neither novel nor difficult, award of
10% attorney’s fees may be considered excessive. The Court may
in industrial relations. The philosophy is very simple. When a
reduce the same. (D. M. Consunji vs. NLRC, 143 SCR 204).
person is employed, it is expected that the work assigned will
be carried out. When this work is not done, the employee is
Attorney’s Fees Deleted – Where the award of moral and
not eligible for payment of any salary. Even when a general
exemplary damages was eliminated, so to was the award of
strike or countrywide ban disrupts public transport systems,
attorney’s fees. (Audion Electric Co., Inc., vs. NLRC, G.R. No. 106648,
and consequently employees are unable to reach their
17 June 1999).
workplaces, the same principle prevails. Even die-hard trade
union leaders respect this principle of equity and natural
justice. "No work, no pay" lays a strong foundation to
III. WORKING CONDITIONS AND REST PERIODS
industrial peace and harmony in the long run.[5]
Coverage
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LABOR STANDARDS REVIEWER 11
• This shall apply to all employees in all establishments or a. Since they work away from his employer’s place of
undertakings, whether operated for profit or not. business, hence not subject to personal supervision of
employer. Employer has no knowledge of how many
Exemptions hours he works per day.
1. Government employees, including those employed in 5. Family members
government-owned and/or controlled corporations 6. Domestic helpers and persons in the personal service of
2. Managerial employees another
a. one who can lay down management policies, or who 7. Workers paid by results
can fire, hire, demote or promote or who can a. Because they are paid by fixed amount for work done,
effectively recommend the fore going courses of regardless of the time spent in accomplishing the work
action.
b. Rationale: such workers are not usually employed for Hours of Work
evey hour of work but their compensation is • Normal hours of work shall not exceed 8 hours a day.
determined considering their special training, • Health personnel in cities and municipalities with a population
experience or knowledge which requires the exercise of of at least 1 million or in hospitals and clinics with a bed
discretion and independent judgment, or perform work capacity of at least 100 shall hold regular office hours for 8
related to management policies. hours a day for 5 days a week, exclusive for time of meals.
c. they are not feasibile to provide a fixed hourly rate of o If exigencies of their service require that personnel
pay or maximum hours of labor. work for 6 days or 48 hrs, they shall be entitled to 30^
3. Managerial Staff – vested with powers or perogatives % of their regular wage for work on the sixth day.
to lay down and execute management policies • Who are health personnel?
a. primary duty consists of the performance of work o resident physicians, nurses, nutritionists, dietitians,
directly related to management policies of their pharmacists, social workers, laboratory technicians,
employer paramedical technicians, psychologists, midwives,
b. customarily and regularly exercise discretion and attendants and all other hospital or clinic personnel.
independent judgment
c. regularly and directly assist the managerial employee Hours worked shall include:
d. they execute work along specialized or technical lines
requiring special training, experience of knowledge
• all time during which an employee is required to be on
duty or to be at a prescribed workplace; and
e. they execute special tasks and assignments
f. they do not devote more than 20% of their hours • all time during which an employee is suffered or
worked in a work-week activities permitted to work.
g. A supervisor is deemed a member of the managerial o Rest period of short duration during working hours shall
staff because he oversees the operation of the be counted as hours worked.
business of the company and performance of the
workers, which require discretion and independent Meal Break
judgment. • It shall be the duty of every employer to give his employees
4. Field Personnel not less than 60 mins time-off for their regular meals.
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LABOR STANDARDS REVIEWER 12
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LABOR STANDARDS REVIEWER 13
ECOLA) even if he did not report for work, PROVIDED he his rate for the first 8 hours on such holiday work plus at least
is present or is on leave of absence with pay on the work day 30%.
immediately preceding the holiday. • When overtime work falls on his scheduled rest day, he is
entitled to an additional compensation for the overtime work
Right to holiday pay equivalent to his regular holiday rest day for the first 8 hours
• Shall apply to all employees EXCEPT: plus at least 30%.it shall consist of 200% of his regular daily
o retail service establishments regularly employing less wage rate plus 30%.
than (10) workers
o government and any of political subdivision, including Divisors
GOCC • Divisor assumes an important role in determining W/N holiday
o domestic helpers and persons in the personal service pay is already included in the monthly paid employee’s salary.
o managerial employees • General Rule:
o field personnel o A company with a 6-day working schedule, divisor 314
What are covered by holidays? The term ‘regular holiday’ shall means that legal holidays are already included in the
exclusively refer to: monthly pay of the employee
1. New Year’s Day, o for company with a 5-day working schedule, divisor
2. Maundy Thursday, 261 means that the holiday pay is already included in
3. Good Friday, the monthly salary.
4. the ninth of April, • If two regular holidays fall on the same date, the
5. the First of May, worker should be paid for both days
6. the twelfth of June, • Art 94 affords workers the enjoyment of paid regular holidays.
7. the last Sunday of August, It is mandatory regardless whether an employee is paid on a
8. the thirtieth of November, monthly or daily basis.
9. the twenty-fifth and thirtieth of December.
10. Nationwide special days(special holiday) shall include the first Service incentive leaves
of November and the last day of December • Coverage – This shall apply to all employees EXCEPT:
o government and any of its political subdivisions
Compensation for holiday work o domestic helpers and in the personal service of another
• Any employee permitted to work on any regular holiday, not o managerial employees
exceeding 8 hours, shall be paid at least 200% of his o field personnel or any other employees whose
regular daily wage. performance is unsupervised by employer including
• If the holiday work falls on his scheduled rest day, he shall be task or contract basis, purely commission basis and
entitled to an additional premium pay of at least 30% of his those paid in fixed amount
regular holiday rate of 200% based on his regular wage o those who are already enjoying this benefit
rate. o those enjoying vacation leave with pay if at least five
days
Overtime pay for holiday work: o those employed in establishments regularly employing
• Additional compensation for the overtime work equivalent to
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LABOR STANDARDS REVIEWER 16
• apply within such period provided by CBA Physical/mental incapacity of spouse certified
by a public medical practitioner
When availed Legal separation or de facto separation for 1 yr
• after delivery by his wife provided that he/she is entrusted of the children
• total number of days shall not exceed 7 days for each delivery Declaration of nullity/ annulment of marriage
• It shall be full pay consisting of basic salary for the provided that he/she is entrusted the custody of
seven days he is not allowed not to report for work children
• It is not convertible to cash in case it is not availed. Abandonment of spouse for at least 1 yr
Parental Leave Unmarried father/mother
• Granted to solo parents Any other person who provides solely the
• Solo Parents Welfare Act – enacted on Nov 7 2000 parental care and support to children provided
o To promote the family as the foundation of the nation, that he/she duly licensed as foster parent by
strengthen its solidarity and ensure its total DSWD or by court
development Any family member who assumes responsibility
o Covers the ff: of head of the family due to the death,
seven working days leave privilege for every abandonment, disappearance or prolonged
year for every solo parents absence of parents for 1 yr
flexible work schedule o Conditions for entitlement
prohibition against discrimination of solo parent he/she has rendered 1 yr of service whether
employee with respect to the terms and continuous or broken
conditions of employment on account of his/her he/she notified the employer within a
status reasonable period of time
o Solo parent he/she presented to the employer a Solo Parent
Defined to include :any unmarried mother or Identification Card w/c may be obtained from
father who has preferred to keep and rear DSWD
her/his children instead of having others care for o If not availed, it shall not be convertible to cash unless
them or give them up to a welfare institution” specifically agreed.
• The Handbook on Workers’ Statutory Monetary Benefits of the o If there is a similar benefit under company policy or
Bureau of Working Conditions of DOLE (2006) provides CBA, it shall be considered. If it is greater than 7 days,
guidelines on Parental Leave for Solo parents: then the greater benefit shall prevail.
o Coverage – granted to any solo parent who is left with o Emergency or contingency leave provided in the
the responsibility of parenthood due to: company policy or CBA is not credited as parental
Giving birth because of rape, or other crimes leave under RA 8972
against chasitity o If a change of status occurs, such that he is no longer
Death of spouse left alone with the sole responsibility of parenthood, his
Spouse is detained for criminal convicton for at eligibility to the benefit is TERMINATED.
least 1 yr • Leave for victims of violence against women and their children
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LABOR STANDARDS REVIEWER 18
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LABOR STANDARDS REVIEWER 19
management policies and/or to hire, transfer, suspend, employee within a calendar year.
layoff, recall, discharge, assign or discipline employees. • The basic salary of an employee is used as the basis. Any
o Simply those who are not managerial employees. compensation or remuneration not part of basic salary is
• Piece-rate workers are entitled also since they’re employees excluded as basis.
and not independent contractors. • Basic salary – all remuneration or earnings paid by his
• Those paid a fixed or guaranteed wage plus commission, employer for his services rendered but does not include
based on their earnings during the calendar year. allowances and monetary benefits.
• Employees with multiple workers. o Commissions are included in the basis salary for
o Government employees working part time in priv. purposes of computing 13th month pay.
enterprises, including private educational institutions o Profit –sharing/productivity bonuses are not part of the
whether on full or part-time basis. 13th pay should be computation for basic salary.
given to them by their private employers regardless of The minimum amount required by law shall not be less than 1/12 of
their total earnings from each of all their employers. the total basic salary earned by an employee within a calendar year.
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LABOR STANDARDS REVIEWER 20
employees. within the calendar year. (c) To prevent serious loss of perishable goods.
(d) Woman employee holds managerial or technical position, or
H. Bonus where she has been engaged to provide health and welfare
• It is given out of gratuity of the employer but it is demandable services.
or enforceable obligation when it is made part of the (e) The work requires the manual skill and dexterity of women.
wage/salary of the employee. (f) The women employees are immediate members of the family
• If it is additional compensation which employer promised and operating the establishment.
agreed to give without any conditions imposed for its payment (g) Other analogous cases exempted by the Secretary of Labor.
it is part of wages. (CONDITIONS: success of business,
production output) What are the facilities for women employees that an
o Simply: If it is stated in the employees contact, then it employer should provide?
is mandatory. (a) Proper seats which they can use when they are free from work
and during working hours, provided they are still efficient in this
I. Non-inclusion in regular wage position.
(b) Separate toilet room, lavatory and dressing room.
The mandated 13th month pay need not be credited as part of (c) Nursery
regular wage for purpose of determining overtime and (d) Standards for retirement or termination in special occupation.
premium payments, fringe benefits as well as SS, Medicare
and private retirement plans. ART. 133. MATERNITY LEAVE BENEFITS
(a) Any pregnant women employee who has rendered an aggregate
V. WORKING CONDITIONS FOR SPECIAL GROUPS OF service of at least six months for the last twelve months is entitled to
EMPLOYEES maternity leave benefits of at least two weeks prior to the
expected date of delivery and another four weeks after normal
A. Employment of Women delivery or abortion with full pay based on her regular or
average weekly rates.
ART. 130. NIGHTWORK PROHIBITION (b) The maternity leave shall be extended without pay on account of
No woman, regardless of age, shall be employed or permitted or illness medically certified to arise out of the pregnancy, delivery,
suffered to work, with or without compensation: abortion, or miscarriage.
(a) Industrial undertaking – between 10:00pm to 6:00pm (c) Maternity leave is applicable only for the first four deliveries by a
(b) Commercial or non-industrial undertaking – between 10:00pm woman employee.
to 6:00pm
(c) Agricultural undertaking – at nighttime unless she is given a MATERNITY LEAVE UNDER SSS LAW
period of rest of not less than nine consecutive hours. Qualifications:
1. The female member should be employed at the time of the
Exceptions on nightwork prohibition of women: delivery, miscarriage, or abortion.
(a) Disaster or force majeure, in order to prevent loss of life or 2. She must have given the required notification to the SSS thru her
property. employer.
(b) Urgent work on machineries to avoid serious loss.
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LABOR STANDARDS REVIEWER 21
3. Her employer must have paid at least three months of maternity or to actually dismiss, discharge, discriminate or otherwise prejudice
contributions within the twelve-month period immediately before the a woman employee merely by reason of marriage.
semester of contingency.
Any woman who is (1) permitted or suffered to work with or without
How much is the maternity benefit under SSS Law? compensation (2) in any night club, cocktail lounge, massage clinic,
100% of her average daily salary credit for 60 days or 78 days in case bar or similar establishment (3) under the effective control or
of caesarian delivery. supervision of the employer for a substantial period of time as
determined by DOLE Secretary, is deemed an employee of such
Every pregnant women in the private sector, whether married or establishment.
unmarried, is entitled to the maternity leave benefits. (No. XI, DOLE
Handbook on Worker’s Statutory Benefits)
What are considered acts of discrimination? A child 15 years of age but below 18 shall not be allowed to work for
1. Payment of a lesser compensation to a female employee as more than 8 hours a day, and in no case beyond 40 hours a week.
against a male employee for work of equal value. (R.A. 7610)
2. Favoring a male employee over a female employee with respect to
promotion, training opportunities, study and scholarship grants. No child below 15 years of age shall be employed, except
3. To deny or discharge any women employee the benefits provided • when he works under the sole responsibility of his
under the Labor Code. parents or guardian, and
4. To discharge a woman employee because of her pregnancy. • his employment does not in any way interfere with his
5. To refuse the admission of such woman employee upon getting to schooling.
her work for fear that she may again be pregnant.
C. Employment of Househelp
ART. 136. STIPULATION AGAINST MARRIAGE
It shall be unlawful for an employer to require as a condition of Domestic or household service shall mean services in the
employment or continuation of employment that women employees employer’s home which is usually necessary or desirable for
shall not get married, or be deemed resigned upon getting married, the maintenance and enjoyment thereof and includes ministering
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LABOR STANDARDS REVIEWER 22
to the personal comfort and convenience of the members of the the applicable legal minimum wage.
employer’s household, including services of family drivers. Trains in a semi-skilled job or Trains in a highly skilled job
industrial occupations that or in a job found only in a
The contract of domestic service shall not last for more than 2 years require training for less than highly technical industry
but may be renewed for such periods as may be agreed upon by the three months. hence training period
parties. exceeds three months.
Learnership is allowed even for Employment of apprentices is
A househelper shall not be assigned to non-household work. non-technical jobs. legally allowed only in highly
technical industries.
If the period of household service is fixed, neither the employer nor Involves theoretical
the househelper may terminate the contract before expiration of the perspective.
term except for just cause. If unjustly dismissed, he or she shall be
A learner is not an apprentice, but an apprentice is
paid the compensation already earned plus that for 15 days by way of
conceptually also a learner.
indemnity. If he/she leaves without justifiable reason, he/she shall
forfeit any unpaid salary due him/her not exceeding 15days.
Qualifications:
If there is no contract, the employer or househelper may give notice 1. At least 15 but less than 18, only in nonhazardous
to put an end to the relationship 5 days before the intended occupations
termination of service. 2. Physically fit (need not be physically fit unless it is essential
D. Apprentices to the expeditious and effective learning of the occupation.)
3. Possess vocational attitude.
Apprenticeship is the arrangement and the period when an upcoming 4. Ability to comprehend and follow oral and written
worker undergoes hands-on training, more or less formal, to instructions.
learn the ropes of a skilled job.
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LABOR STANDARDS REVIEWER 23
perform activities which are usually necessary or desirable in the for a just cause or authorized cause, or when he fails to qualify as
usual business or trade of the employer except: a regular employee in accordance with the reasonable standards
a. where the employment has been fixed for a specific prescribed by the employer; and
project or undertaking the completion or termination of d. In all cases involving probationary employees, the employer shall
which has been determined at the time of the engagement make known the standards under which he will qualify as a
of the employee; or regular employee at the time of his engagement.
b. where the work or service to be performed is seasonal in
nature and the employment is for the duration of the Employees covered by contracting or subcontracting
season. arrangement may NOT be dismissed prior to the expiration of
c. a probationary employee who is allowed to work beyond the contract between the principal and the contractor or
the probationary period shall be considered a regular subcontractor as defined in Rule VIII-A, Book III.
employee.
NOTE: Trilateral Relationship in Contracting Arrangements – In a
2. Casual employment - Employment shall be deemed casual in legitimate contracting there exists a trilateral relationship under
nature if it is not covered by the preceding paragraph which there is:
a. a contract for a specific job, work or service between the
UNLESS the employee has rendered at least one year (six principal and the contractor or subcontractor;
months) of service whether such service is continuous or not, with b. an employment contract between the contractor or
regard to the activity in which he is employed and his subcontractor and its workers.
employment shall continue while such activity exists.
Parties
3. Probationary employment - There is probationary employment 1. The principal which decides to farm out a job or service to a
where the employee, upon employment is made to undergo a contractor;
trial period during which the employer determines his 2. The contractor or subcontractor which has the capacity to
fitness to qualify for regular employment, based on independently undertake the performance of the job, work, or
reasonable standards made known to him at the time of service; and
engagement. 3. The contractual workers engaged by the contractor or
subcontracot to accomplish the job, work or service.
Rules on probationary employment:
a. Where the work for which the employee was engaged is Exceptions:
learnable or apprenticeable, in accordance with the standards • for just and authorized causes;
prescribed by the DOLE, the probationary period shall be • completion of the phase of the contract for which the
limited to the authorized learnership or apprenticeship employee was engaged.
period, whichever is applicable;
b. Where the work is neither learnable or apprenticeable, the BUT – subject to the requirements of due process and notice.
probationary period shall not exceed six (6) months
reckoned from the date the employee actually started; IN ALL CASES, the standards of due process shall be observed:
c. The services of a probationary employee may be terminated only • A written notice served on the employee specifying the
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LABOR STANDARDS REVIEWER 25
Art. 283 Closure of establishment and reduction of personnel If the ailment can be cured within the period, the employee shall not
Termination due to: be terminated. Instead, the employer shall ask him to take leave, to
• the installation of labor-saving devices, redundancy; be reinstated later to his former position immediately upon
• retrenchment to prevent losses; restoration of his normal health.
• closing or cessation of operation of the establishment or
undertaking Basis of termination pay – The last salary of the employee unless it
o UNLESS the same is for the purpose of circumventing was reduced by the employer to defeat the law in which case the
the provisions of this Title. salary before the reduction shall be the basis.
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LABOR STANDARDS REVIEWER 26
women, irrespective of their marital status, on a basis of The Magna Carta of Women also spells out every woman's
equality of men and women, of human rights and fundamental right to:
freedoms in the political, economic, social, cultural, civil or any • Protection from all forms of violence, including those
other field; committed by the State.
• any act or omission, including by law, policy, administrative • Protection and security in times of disaster, calamities and
measure, or practice, that directly or indirectly excludes other crisis situations, especially in all phases of relief,
or restricts women in the recognition and promotion of recovery, rehabilitation and construction efforts, including
their rights and their access to and enjoyment of protection from sexual exploitation and other sexual and
opportunities, benefits, or privileges; gender-based violence.
• a measure or practice of general application that fails to • Participation and representation, including undertaking
provide for mechanisms to offset or address sex or temporary special measures and affirmative actions to
gender-based disadvantages or limitations of women, accelerate and ensure women's equitable participation and
as a result of which women are denied or restricted in the representation in the third level civil service, development
recognition and protection of their rights and in their access to councils and planning bodies, as well as political parties and
and enjoyment of opportunities, benefits, or privileges; or international bodies, including the private sector.
women, more than men are shown to have suffered the • Equal treatment before the law, including the State's review
greater adverse effects of those measures or practices; and and when necessary amendment or repeal of existing laws
• discrimination compounded by or intersecting with other that are discriminatory to women;
grounds, status, or condition, such as ethnicity, age, poverty, • Equal access and elimination of discrimination against women
or religion. in education, scholarships and training.
o This includes revising educational materials and
Principles of human rights and rights of women curricula to remove gender stereotypes and images,
Human rights are: and outlawing the expulsion, non-readmission,
1. universal and inalienable prohibiting enrollment and other related discrimination
2. indivisible against women students and faculty due to pregnancy
3. inherent to the dignity of every human being outside of marriage;
4. interdependent and interrelated • Equal participation in sports.
o This includes measures to ensure that gender-based
What are the rights of women guaranteed under the Magna
discrimination in competitive and non-competitive
Carta of Women?
sports is removed so that women and girls can benefit
• All rights in the Philippine Constitution and those rights from sports development;
recognized under international instruments duly signed and
• Non-discrimination in employment in the field of military,
ratified by the Philippines, in consonance with Philippine laws.
police and other similar services.
These rights shall be enjoyed without discrimination since the
o This includes according the same promotional
law prohibits discrimination against women, whether done by
privileges and opportunities as their men counterpart,
public and private entities or individuals.
including pay increases, additional benefits, and
awards, based on competency and quality of
performance.
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LABOR STANDARDS REVIEWER 28
• Non-discriminatory and non-derogatory portrayal of women in • Recognition and preservation of cultural identity and integrity
media and film to raise the consciousness of the general provided that these cultural systems and practices are not
public in recognizing the dignity of women and the role and discriminatory to women;
contribution of women in family, community, and the society • Inclusion in discussions on peace and development;
through the strategic use of mass media; • Services and interventions for women in especially difficult
• Comprehensive health services and health information and circumstances or WEDC;
education covering all stages of a woman's life cycle. • Protection of girl-children against all forms of discrimination in
• Leave benefits of two (2) months with full pay based on gross education, health and nutrition, and skills development; and
monthly compensation, for women employees who undergo • Protection of women senior citizens.
surgery caused by gynecological disorders, provided that they
have rendered continuous aggregate employment service of Marginalized refers to the disadvantaged or vulnerable persons or
at least six (6) months for the last twelve (12) months; groups who are mostly living in poverty and have little or no access
• Equal rights in all matters relating to marriage and family to land and other resources, basic social and economic services.
relations.
o The State shall ensure the same rights of women and These include but not limited to women in the following sectors and
men to: enter into and leave marriages, freely choose a groups: (SFU-WWM-IMC-SDS)
spouse, decide on the number and spacing of their • Small farmers and rural workers,
children, enjoy personal rights including the choice of a • Fisherfolk,
profession, own, acquire, and administer their property, • Urban poor,
and acquire, change, or retain their nationality. • Workers in the formal economy, Workers in the informal
economy,
The Magna Carta of Women also guarantees the civil, political • Migrant workers,
and economic rights of women in the marginalized sectors,
• Indigenous Peoples,
particularly their right to:
• Moro, Children, Senior citizens,
• Food security and resources for food production, including
• Disabled persons
equal rights in the titling of the land and issuance of
stewardship contracts and patents; • Solo parents
• Localized, accessible, secure and affordable housing;
Who’s primary duty is it to implement and give force and
• Employment, livelihood, credit, capital and technology;
effect to the magna carta of women?
• Skills training, scholarships, especially in research and
• The State, the private sector, society in general, and all
development aimed towards women friendly farm technology;
individuals shall contribute to the recognition, respect and
• Representation and participation in policy-making or decision- promotion of the rights of women defined and guaranteed in
making bodies in the regional, national, and international the Magna Carta of Women.
levels;
• Access to information regarding policies on women, including What are the specific duties of government under the magna
programs, projects and funding outlays that affect them; carta of women?
• Social protection;
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LABOR STANDARDS REVIEWER 29
• The Philippine Government shall be the primary duty-bearer in MIGRANT WORKERS AND OVERSEAS FILIPINO ACT OF 1995
implementing the said law. This means that all government (RA 8042) AS AMENDED AND FURTHER AMENDED BY RA 10022
offices, including local government units and government-
owned and controlled corporations shall be responsible to Date of effectivity: August 13, 2010
implement the provisions of Magna Carta of Women that falls
within their mandate, particularly those that guarantee rights Overseas Filipino Worker (OFW)
of women that require specific action from the State. • Interchangeably used with migrant workers
• As the primary duty-bearer, the Government is tasked to: • Person who is (1) to be engaged, (2) is engaged or (3) has
o refrain from discriminating against women and been engaged in a remunerated activity in a state of which he
violating their rights; is not a citizen.
o protect women against discrimination and from • Person who works on a vessel navigating the foreign seas
violation of their rights by private corporations, entities, o except: government ship used for military or non-
and individuals; commercial purposes.
o promote and fulfill the rights of women in all spheres,
• Person working on an installation located offshore or on the
including their rights to substantive equality and non-
high seas
discrimination.
• The Government shall fulfill these duties through the Deployment of Migrant Workers
development and implementation of laws, policies,
regulatory instruments, administrative guidelines, and
• State may only allow deployment of migrant workers only in
countries where the rights of the Filipino Migrant
other appropriate measures, including temporary special
Workers are protected.
measures. It shall also establish mechanisms to promote the
coherent and integrated implementation of the Magna Carta • The following are considered as sufficient guarantees for
of Women and other related laws and policies to effectively the protection of the OFWs:
stop discrimination against Filipino women. 1. Has existing labor and social laws
2. Signatory to multilateral conventions, declarations or
Pura’s tips: resolutions relating to the protection of OFWs
3. Concluded a bilateral agreement with the government
The MCW focuses on providing equal opportunities for men and 4. Taking positive and concrete measures to protect the
women. rights of the OFWs
• See Chapter 1, Sec. 2 of RA 9710
Note: no permit for deployment shall be issued by the POEA in the
• The MCW is also in compliance with the CEDAW
absence of a clear showing that any of the mentioned guarantees
exists. In the case of MWs, the employment contract has to be
Implications on Labor Laws:
approved by the POEA.
• Sec, 13
• Sec. 17 The State shall also allow the deployment of overseas Filipino
• Right to decent work standards for women workers to:
1. Vessels navigating on the foreign seas or to installations
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LABOR STANDARDS REVIEWER 30
located offshore whose owners or employers are compliant • Furnish or publish any false notice or information or document
with internationalo laws. in relation to recruitment or employment.
2. Companies and contractors with international operations • Give any flase notice, testimony, information or document or
a. Provided that they are compliant with standards, commit any act of misrepresentation for the purpose of
conditions and requirements as embodied in the securing a license or authority under the Labor Code or for the
employment contracts prescribed by the POEA. purpose of documenting hired workers with the POEA.
• Induce or attempt to induce a worker already employed to quit
Termination or Ban on Deployment
his employment.
• The POEA may impose a ban or termination of deployment to
o Unless the transfer will liberate the worker from
countries that may be found not complying with the
oppresive terms and conditions of employment.
aformentioned conditions and guarantees.
• Influence or attempt to influence any person or entity not to
• In pursuit of national interest or when public welfare so employ any worker who has not applied for employment
requires. through his agency.
• Engage in the recruitment or placement of workers in jobs
What is illegal recruitment?
harmful to public health or morality.
• Art. 38 of RA 10022 defines such as;
o Any act of: (CECTUHP) Who are liable?
Canvassing • Principals, accomplices and accessories
Enlisting • In case of juridical persons, the officers who has
Transporting ownership, control, management or direction of the
Contracting business who are responsible for the commission of the
Hiring offense and the responsible employees/agents.
Utilizing
Procuring workers
o Including SYNDICATED ILLEGAL LARGE SCALE ILLEGAL
Referring contract services RECRUITMENT RECRUITMENT
Promising or Carried out by (3) or more Committed against (3) or
Advertising for employment persons conspiring or more persons individually or as a
o Whether for profit or not, when undertaken by non- confederating with one another. group.
licensee or non-holder of authority. Look at the number of the people Look at the number of people
who committed. who were victimized.
The following are prohibited acts:
• Charge or accept directly or indirectly any amount greater Jurisdiction
than that specified in the schedule of allowable fees 1. Labor Arbiter (NLRC) has original and exclusive
prescribed by the Secretary of Labor and Employment or to jurisdiction over:
make a worker pay or acknowledge any amount greater than a. Money claims arising out of an ER-EE relationship
that actually received by him as a loan or advance. b. By virtue of any law or contract involving Filipino
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LABOR STANDARDS REVIEWER 31
availment shall be entitled to the benefits of the program. shall be entitled to security of tenure, humane conditions of work,
Provided that he pays contributions with sufficient regularity. and a living wage. They shall also participate in policy and decision-
o Provided further the he is not currently subject to legal making processes affecting their rights and benefits as may be
penalties. provided by law.
o “sufficient regularity” pertains to the history of the
payment of premiums. The State shall promote the principle of shared responsibility
• At least 3 months contribution between workers and employers and the preferential use of voluntary
• 6 months prior to availment/ confinement modes in settling disputes, including conciliation, and shall enforce
• You have to be employed for 6 months prior to confinement their mutual compliance therewith to foster industrial peace.
and you have at least 3 months contribution to avail.
The State shall regulate the relations between workers and
Quasi judicial powers employers, recognizing the right of labor to its just share in the fruits
of production and the right of enterprises to reasonable returns to
• Render deicisions
investments, and to expansion and growth.
• Shall conduct proceedings or any part thereof in public or
executive manner depending on the case
3 parts of the provision
• They are more of an administrative body with regard to
• Economic
procedure. But they have a quasi judicial function.
o Full protection to labor:
Local
RA 9241 AN ACT AMENDING REPUBLIC ACT NO. 7875,
OTHERWISE KNOWN AS “AN ACT INSTITUTING A NATIONAL Overseas
HEALTH INSURANCE PROGRAM FOR ALL FILIPINOS AND Organized
ESTABLISHING THE PHILIPPINE HEALTH INSURANCE Unorganized
CORPORATION FOR THE PURPOSE.” o Promote full employment and equality of employment
opportunities
• In the old law, those suffering from congenital diseases were o Guarantee the rights of workers:
not included. Self-organization
• Provisions are almost just the same with RA7875 Collective bargaining and negotiations
Peaceful concerted activities
1987 CONSTITUTION Right to strike
ARTICLE XIII, Section 3 o Entitlement to:
Security of tenure
Section 3. The State shall afford full protection to labor, local and Humane conditions of work
overseas, organized and unorganized, and promote full employment Living wage
and equality of employment opportunities for all. • Dispute settlement
It shall guarantee the rights of all workers to self-organization, o Promote principle of share resposibility between
collective bargaining and negotiations, and peaceful concerted
workers and employers
activities, including the right to strike in accordance with law. They
o Preferential use of voluntary modes of settling disputes
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