Azucena - Labor Standards - Answers to Box Questions

8/12/2019 Azucena - Labor Standards - Answers to Box Questions

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Bukidnon State University College of Law

Batch 2014 Page 1

Chapter 1General Provisions

Box 1 - Estacion

1. What is Labor law and what does itaim to achieve?

Ans.:

Labor legislation consists of statutes,

regulations and jurisprudence governing the

relations between capital and labor by

providing for certain employment standards

and a legal framework for negotiating,

adjusting and administering those

standards and other incidents of

employment.

The aim and the reason and, therefore,

the justification of labor laws is social

justice.

2. What are the Constitutional mandatespertaining to labor and labor-

management relations?

Ans.:

The basic rights guaranteed by the

Constitution are: the right to organize

themselves; to conduct collective

bargaining or negotiation with

management; to engage in peaceful

concerted activities, including to strike in

accordance with law; to enjoy security of

tenure; to work under humane conditions;

to receive a living wage; and to participate

in policy and decision-making processes

affecting their rights and benefits as may beprovided by law.

3. Do the Philippines labor laws meetinternational labor standards?

Ans.:

Yes. The Philippines is a member of the

International Labor Organization (ILO) of

the UN, a specialized agency which seeks

the promotion of social justice and

internationally recognized human and labor

rights. The Philippine Senate on March 19,

1948 passed Resolution No. 44 concurring

to the countrys acceptance of obligations

under the ILOs Constitution and By-laws.

4. Are Philippine labor laws pro-labor?Ans.:

Yes, the Labor Code states that all

doubts in the implementation and

interpretation of the Labor Code including

its implementing rules and regulation shall

be resolved in favor of labor. The policy is

to extend the decrees applicability to a

greater number of employees to enable

them to avail of the benefits under the law,

in consonance with the States avowedpolicy to give maximum aid and protection

to labor.

Chapter IIEmancipation of Tenants

Box 2 - Ga

dimidium facti qui coepit

habet


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1. What law governs agrarian reform?Ans: The Labor Code covers agrarian

reform in five(5) articles only. It is a

subject governed principally by R.A. no.

6657 (Comprehensive Agrarian Reform

Law of 1988).

2. What are the objectives of agrarianreform?

Ans: Art. 7 of the Labor Code states the

Statement of Objectives. Inasmuch as

the old concept of land ownership by a

few has spawned valid legitimate

grievances that gave rise to the violent

conflict and social tension and the

redress of such legitimate grievances

being one of the fundamental

objectives of the New Society, it has

become imperative to start reformation

with the emancipation of the tiller of

the soil from his bondage.

3. What process and conditions areobserved to make a tenant-farmer an

owner under the agrarian reform

program?

Ans: R.A. 6657 sets retention limits for

landowners. Please be guided by the

pertinent provisions of the said law.

Sec. 6 provides the retention limits and

Sec. 16 sets forth the procedure to

make a tenant-farmer an owner under

the agrarian reform law.

SEC. 6. Retention Limits. - Except as

otherwise provided in this Act, no

person may own or retain, directly, any

public or private agricultural land, the

size of which shall vary according to

factors governing a viable family-sized

farm, such as commodity produced,

terrain, infrastructure, and soil fertility

as determined by the Presidential

Agrarian Reform Council (PARC) created

hereunder, but in no case shall the

retention by the landowner exceed five

(5) hectares. Three (3) hectares may be

awarded to each child of the

landowner, subject to the following

qualifications: (1) that he is at least

fifteen (15) years of age; and (2) that he

is actually tilling the land or directly

managing the farm: Provided, That

landowners whose lands have been

covered by Presidential Decree No. 27

shall be allowed to keep the area

originally retained by them thereunder;

Provided, further, That original

homestead grantees or direct

compulsory heirs who still own the

original homestead at the time of the

approval of this Act shall retain the

same areas as long as they continue to

cultivate said homestead.

The right to choose the area to be

retained, which shall be compact or

contiguous, shall pertain, to the

landowner: Provided, however, That in

case the area selected for retention by

the landowner is tenanted, the tenant

shall have the option to choose

whether to remain therein or be a

beneficiary in the same or another

agricultural land with similar or

comparable features. In case the tenant

chooses to remain in the retained area,

he shall be considered a leaseholder

and shall lose his right to be a

beneficiary under this Act. In case the

tenant chooses to be a beneficiary in

another agricultural land, he loses his

right as a leaseholder to the land

retained by the landowner. The tenant

must exercise this option within a


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period of one (1) year from the time the

landowner manifests his choice of the

area for retention.

In all cases, the security of tenure of the

farmers or farm workers on the land

prior to the approval of this Act shall be

respected.

Upon the effectivity of this Act, any

sale, disposition, lease, management

contract or transfer of possession of

private lands executed by the original

landowner in violation of this Act shall

be null and void: Provided, however,

That those executed prior to this Act

shall be valid only when registered with

the Register of Deeds within a period of

three (3) months after the effectivity of

this Act . Thereafter, all Registers of

Deeds shall inform the DAR within thirty

(30) days of any transaction involving

agricultural lands in excess of five (5)

hectares.

SEC. 16. Procedure for Acquisition of

Private Lands.- For purposes of

acquisition of private lands, the

following procedures shall be followed:

(a) After having identified the land,

the landowners and the beneficiaries,

the DAR shall send its notice to acquire

the land to the owners thereof, by

personal delivery or registered mail,

and post the same in a conspicuous

place in the municipal building and

barangay hall of the place where the

property is located. Said notice shall

contain the offer of the DAR to pay a

corresponding value in accordance with

the valuation set forth in Sections 17,

18, and other pertinent provisions

hereof.

(b) Within thirty (30) days from the

date of receipt of written notice by

personal delivery or registered mail, the

landowner, his administrator or

representative shall inform the DAR of

his acceptance or rejection of the offer.

(c) If the landowner accepts the offer

of the DAR, the LBP shall pay the

landowner the purchase price of the

land within thirty (30) days after he

executes and delivers a deed of transfer

in favor of the Government and

surrenders the Certificate of Title and

other muniments of title.

(d) In case of rejection or failure to

reply, the DAR shall conduct summary

administrative proceedings to

determine the compensation of the

land by requiring the landowner, the

LBP and other interested parties to

summit evidence as to the just

compensation for the land, within

fifteen (15) days from the receipt of the

notice. After the expiration of the

above period, the matter is deemed

submitted for decision. The DAR shall

decide the case within thirty (30) days

after it is submitted for decision.

(e) Upon receipt by the landowner of

the corresponding payment or in case

of rejection or no response from the

landowner, upon the deposit with an

accessible bank designated by the DAR

of the compensation in cash or LBP

bonds in accordance with this Act, the

DAR shall take immediate possession of


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the land and shall request the proper

Register of Deeds to issue a Transfer

Certificate of Title (TCT) in the name of

the Republic of the Philippines. The DAR

shall thereafter proceed with the

redistribution of the land to the

qualified beneficiaries.

(f) Any party who disagrees with the

decision may bring the matter to the

court of proper jurisdiction for final

determination of just compensation.

Art. 10 of the Labor Code provides the

Conditions of Ownership, to wit: No

title to the land shall be acquired by the

tenant farmer pursuant to Presidential

Decree No. 27 shall be actually issued to

him unless and until he has become a

full-fledged member of a duly-

recognized farmers cooperative.

Title to the land acquired

pursuant to PD no. 27 shall not be

transferrable EXCEPT by HEREDITARY

SUCCESSION or to the GOVERNMENT in

accordance with the provisions of

Presidential Decree No. 27, the Code of

Agrarian Reforms and other existing

laws and regulations.

Title 1 Recruitment and Placement of

Workers

Chapter IGeneral Provisions

Box 3Cruz

1. What government agencies arecreated to promote employment

opportunities?

A: DOLEcarries out programs for

local and overseas employment.

BLE- effective allocation of

manpower resources in local

employment.

POEA- for overseas

employment.

2. How does the POEA protect and assistthe OFWs?

A: Among the principal functions

of the POEA are the formulation,

implementation, and monitoring of the

overseas employment of Filipino

workers and the protection of their

rights to fair and equitable employment

practices. POEA also participates in the

deployment of Filipino workers through

government-to-government hiring. It

has extended its services nationally

through its regional extension units.

They process vacationing workers,

register sea-based workers, and

participate in government hiring

through manpower pooling.

3. Who has adjudicatory jurisdiction overclaims by OFWs?

A: NLRC has adjudicatory

jurisdiction over claims by OFWs. It is

provided under RA 8042, that thejurisdiction of NLRC covers not only

claims involving Filipino workers for

overseas employment but also money

claims involving Filipino workers for

overseas deployment.

4. What significant amendments to theLabor Code are introduced by RA

8042?

A: Article 17of the Labor Code hasbeen amended by RA 8042 known as

the Migrant Workers and Overseas

Filipinos Act of 1995. The law institutes

the policies on overseas employment

and establishes a higher standard of

protection and promotion of the


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welfare of migrant workers, their

families and of overseas Filipinos in

distress. It applies to recruitment for

overseas employment.

The OEDB, NSB and the

overseas employment program of the

Bureau of Employment Services were

united in a single structure-POEA.

However, adjudicatory jurisdiction of

the POEA has been moved on the NLRC

by RA 8042.

5. Are POEA-approved employment

contracts immutable?

A: NO. While the POEA Standard

Contract must be recognized and

respected, neither the manning agent

nor the employer can simply prevent a

seafarer from being deployed without a

valid reason. Thus, with valid reason

POEA-approved employment contracts

may be immutable.

Chapter II Regulations of Recruitment and

Placement Activities

Box 4Cabunoc

1) What are the requirements and restrictions

for the private sector's participation in

recruitment and placement of workers, local

and overseas?

Ans:

Requirements:

Article 27. Citizenship requirement.

Only Filipino citizens or corporations,

partnerships or entities at least 75 percent of

the authorized and voting capital stock of whichis owned and controlled by Filipino citizens shall

be permitted to participate in the recruitment

and placement of workers, locally or overseas.

Article 28. Capitalization. All applicants

for authority to hire or renewal of license to

recruit are required to have such substantial

capitalization as determined by the Secretary of

Labor and Employment.

Restrictions:

Article 29. Non-transferability of license

or authority. No license or authority shall be

used directly or indirectly by any person other

than the one in whose favor it was issued at any

place other than that stated in the license or

authority, nor may such license or authority be

transferred, conveyed or assigned to any other

person or entity. Any transfer of business

address, appointment or designation of any

agent or representative including the

establishment of additional offices anywhere

shall be subject to the prior approval of the

Department of Labor and Employment.

2) What acts or practices are

prohibited in recruitment and placement

activities of licensed recruiters?

Ans:

Article 34. Prohibited practices. It shall

be unlawful for any individual, entity, licensee

or holder of authority:

(a) To charge or accept directly or indirectly any

amount greater than that specified in theschedule of allowable fees prescribed by the

Secretary of Labor and Employment, or to make

a worker pay any amount greater than that

actually received by him as a loan or advance;

(b) To furnish or publish any false notice or

information or document in relation to

recruitment or employment;

(c) To give any false notice, testimony,

information or document or commit any act or

misrepresentation for the purpose of securing a

license or authority under this Code;

(d) To induce or attempt to induce a worker

already employed to quit his employment in

order to offer him another unless the transfer is

designed to liberate a worker from oppressive

terms and conditions of employment;


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(e) To influence or attempt to influence any

person or entity not to employ any worker who

has not applied for employment through his

agency;

(f) To engage in the recruitment or placement

of workers in jobs harmful to public health or

morality or to the dignity of the Republic of the

Philippines;

(g) To obstruct or attempt to obstruct

inspection by the Secretary of Labor and

Employment or by his duly authorized

representatives;

(h) To fail to file reports on the status of

employment, placement vacancies, remittanceof foreign exchange earnings, separation from

jobs, departures and such other matters or

information as may be required by the

Secretary of Labor and Employment;

(i) To substitute or alter employment contracts

approved and verified by the Department of

Labor and Employment from the time of actual

signing thereof by the parties up to and

including the period of expiration of the same

without the approval of the Department ofLabor and Employment.

(j) To become officer or member of the Board of

any corporation engaged in travel agency or to

be engaged directly or indirectly in the

management of a travel agency;

(k) To withhold or deny travel documents from

applicant workers before departure for

monetary or financial considerations other than

those authorized under this Code and its

implementing rules and regulations.

3) On what grounds and by which

office may an employment license or

recruitment permit be cancelled?

Ans:

Article 35. Suspension and/or

cancellation of license or authority. The

Secretary of Labor and Employment shall have

the power to suspend or cancel any license or

authority to recruit employees for overseas

employment for violation of rules and

regulations issued by the Secretary of Labor and

Employment, the Overseas Employment

Development Board, and the National Seamen

Board, or for violations of the provisions of this

and other applicable laws, General Orders and

Letters of Instructions.

Chapter IIIMiscellaneous Provisions

Box 5 - Elica

1. With the amendments made by the Migrant Workers and Overseas Filipino

act ( R.A. 8042), what acts constitute

illegal recruitment and who are thepersons that can be held liable?

ans.

The following acts constitute illegal

recruitments, whether committed by any

persons, whether a non-licensee, non-holder,

licensee or holder of authority.

(a) To charge or accept directly or indirectly any

amount greater than the specified in theschedule of allowable fees prescribed by the

Secretary of Labor and Employment, or to make

a worker pay any amount greater than that

actually received by him as a loan or advance;

(b) To furnish or publish any false notice or

information or document in relation to

recruitment or employment;

(c) To give any false notice, testimony,

information or document or commit any act ofmisrepresentation for the purpose of securing a

license or authority under the Labor Code;

(d) To induce or attempt to induce a worker

already employed to quit his employment in

order to offer him another unless the transfer is


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designed to liberate a worker from oppressive

terms and conditions of employment;

(e) To influence or attempt to influence any

persons or entity not to employ any worker

who has not applied for employment through

his agency;

(f) To engage in the recruitment of placement of

workers in jobs harmful to public health or

morality or to dignity of the Republic of the

Philippines;

(g) To obstruct or attempt to obstruct

inspection by the Secretary of Labor and

Employment or by his duly authorized

representative;

(h) To fail to submit reports on the status of

employment, placement vacancies, remittances

of foreign exchange earnings, separations from

jobs, departures and such other matters or

information as may be required by the

Secretary of Labor and Employment;

(i) To substitute or alter to the prejudice of the

worker, employment contracts approved and

verified by the Department of Labor and

Employment from the time of actual signingthereof by the parties up to and including the

period of the expiration of the same without

the approval of the Department of Labor and

Employment;

(j) For an officer or agent of a recruitment or

placement agency to become an officer or

member of the Board of any corporation

engaged in travel agency or to be engaged

directly on indirectly in the management of a

travel agency;

(k) To withhold or deny travel documents from

applicant workers before departure for

monetary or financial considerations other than

those authorized under the Labor Code and its

implementing rules and regulations;

(l) Failure to actually deploy without valid

reasons as determined by the Department of

Labor and Employment; and

(m) Failure to reimburse expenses incurred by

the workers in connection with his

documentation and processing for purposes of

deployment, in cases where the deployment

does not actually take place without the

worker's fault. Illegal recruitment when

committed by a syndicate or in large scale shall

be considered as offense involving economic

sabotage.

Persons liable are:

The persons criminally liable for illegal

recruitment are the principals, accomplices andaccessories. In case of Juridical persons, the

officers having control, management or

direction of their business shall be liable.

2.Under what circumstances is illegal

recruitment an offense involving economic

sabotage?

Ans. Illegal recruitment when committed by asyndicate or in large scale shall be considered as

offense involving economic sabotage.

Illegal recruitment is deemed committed by a

syndicate carried out by a group of three (3) or

more persons conspiring or confederating with

one another. It is deemed committed in large

scale if committed against three (3) or more

persons individually or as a group.

3.Is the secretary of labor legally authorized toorder the arrest of an illegal recruiter?

Ans. No, under article III, section 2 of the 1987

Constitution, it is only the judges, no other, who

may issue warrants of arrest and search.


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However, the secretary of labor or his duly

authorized representatives may cause the

lawful arrest of illegal recruiters either:

a.) By virtue of a judicial warrant issued bythe RTC, MTC or MCTC judge, as the

case may be, or

b.) Without judicial warrant, under theprovisions of Section 5, Rule 113 of the

1985 rules on criminal procedure, as

amended by A.M. no. 00-5-03-SC

May he order the closure of an illegal

recruitment office?

Ans.

Yes, the Secretary of Labor or his duly

authorized representative may order the

closure of illegal recruitment establishment.

Title IIEmployment of Non-resident Aliens

Box 6 - Daypuyat

1. Who are the foreign nationals thatcannot work in the Philippines without

an employment permit?

Art. 40 requires only non-resident aliens to secure

employment permit.

2. Who are exempt from suchrequirement?

a. All members of the diplomaticservice and foreign government

officials accredited by and with

the reciprocity arrangement

with the Philippine

government;

b. Officers and staff of theinternational organizations of

which the Philippine

government is a member, and

their legitimate spouses

desiring to work in the

Philippines;

c. Foreign nationals elected asmembers of the governing

board who do not occupy any

other position, but have only

voting rights in the corporation;

d. All foreign nationals grantedexemption by the law;

e. Owners and representatives offoreign principals whose

companies are accredited by

the POEA, who come to the

Philippines for a limited period

and solely for the purpose of

interviewing Filipino applicants

for employment abroad;

f. Foreign nationals who come tothe Philippines to teach,

present and/or conduct

research studies in universities

and colleges visiting, exchange

or adjunct professors under

formal agreements between

the universities or colleges in

the Philippines and foreign

universities or colleges; or

between the Philippine

government and foreign

government; provided that the

exemption is on a reciprocal

basis; and

g. Resident foreign nationals.Book TwoHuman Resources Development

Title I National Manpower Development

Program

Chapter I National Policies and

Administrative Machinery for their

Implementation


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Box 7 - Torres

1. What is TESDA and what are itsresponsibilities?

Technical Education andSkills DevelopmentAuthority

Responsibilities:A. Office of the

Executive Director

The Office of the ExecutiveDirector shall be composed

of the Executive Director III

and his/her immediate

staff. The Executive

Director shall be the head

of the TESDA SecretariatProper and as such, he/she

shall exercise general

supervision and control

over its technical and

administrative personnel

and financial

administration. The

Executive Director shall be

appointed by the Regional

Governor in accordance

with the provisions of theARMM Administrative Code

and Civil Service Law, Rules

and Regulations.

B. Regional OperationsDivision (ROD)

The Regional OperationsDivision shall be headed by

a Division Chief subject to

the qualifications set by

existing laws on

appointment. The ROD

shall:

Serve as the Secretariat to

the Regional Technical

Education and Skills

Development Committees

(RTESDCs);

Provide effective

planning, supervision,

coordination and

integration of technical

education and skills

development programs

(e.g. program registration

and accreditation,

assessment and

certification, youth profiling

for starring careers and

scholarship grants) and

projects (e.g. skills

trainings) and related

activities;

Develop and recommend

TESDA programs for

regional and local-levelimplementation within the

policies set by the

Authority;

Design and establish

planning processes and

methodologies to enhance

the efficiency of resource

allocation decisions within

the TESD sector;

Conduct researches,

studies for effective andefficient planning and policy

making within the sector;

Monitor and analyze

labor market information;

and

Perform such other

functions as may be

delegated by the Executive

Director and the Board.

C. Finance andAdministrative

Division

The Office of the ExecutiveDirector shall also be

assisted by the Finance and

Administrative Division

(FAD) headed by a Division

Chief subject to the


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qualifications set by existing

laws on appointment. The

FAD shall:

Monitor and control

utilization of funds of all

operating units;

Provide technical

assistance on budgetary

matters to operating units;

Maintain and update all

books of accounts for all

funds;

Monitor work

performances of, and study

and implement areas of

human resources and

management developmentfor, all employees of the

TESDA;

Coordinate procurement

and storekeeping of

supplies, materials and

equipment and recommend

disposal unserviceable of

tools and equipment; and

Attend to the

maintenance of records on

deductions and their timelyremittance to the proper

agencies.

D. Provincial Offices The Provincial Offices shall

be headed by Career

Executive Service Officers

with the rank of a Director

II. The Provincial TESDA

Offices (POs) shall be under

the direct control and

supervision of the Executive

Director. The POs shall:

Serve as secretariat to

Provincial Technical

Education and Skills

Development Committees

(PTESDCs);

Provide technical

assistance particularly to

LGUs for effective

supervision, coordination,

integration and monitoring

of TVET programs within

their localities;

Review and recommend

TESDA programs for

implementation within

their localities;

Coordinate programs of

private schools and

assessment centers;

Establish network of

institutions, LGUs and

enterprises implementing

the TVET programs; andPerform such other duties

and functions as may be

authorized.

E. The RegionalManpower and

Development Center

The Regional ManpowerTraining Center (RMDC)

shall be headed by a CenterChief or Chief TESD

Specialist with salary grade

24 subject to the

qualifications set by existing

laws on appointment. The

RMDC shall:

serve as the center for

excellence in the

implementation of Center-

based skills trainings;

serve as venue for

continuing development of

trainers, teachers and

instructors;

serve as venue for skills

assessments and

certifications of Technical-

Vocational Education and


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Training (TVET) graduates;

provide vocational

trainings on specialized

programs;

a. Arabic Language and

Saudi/Gulf Culture

b. Automotive Servicing-

National Certificate level I

c. Beauty Care National-

Certificate Level II

d. Carpentry-National


e. Computer Hardware

Servicing-National

Certificate level II

f. Consumer Electronics

Servicing-National

Certificate Level IIg. Dressmaking-National


h. Electrical Installation and

Maintenance-National


i. English Language and

Culture

j. Household Services-

National Certificate Level II

k. HousekeepingNational

certificate Level IIl. Machining-National


m. Masonry-National


n. Motorcycle/Small Engine

Servicing-National


o. PV Systems Design-

National Certificate Level III

p. PV Systems Installation-


q. PV Systems Servicing and

Maintenance-National

Certificate Level III

r. Plumbing-National


s. RAC Window

AC/Domestic Refrigeration-

National Certificate Level I

t. Shielded Metal Arc

Welding-National


u. Gas Metal Arc Welding-


undertake research and

development to improve

service delivery in the

center; and

organize and conduct

symposia/seminars and

other related activities.

2. How may the success or failure ofTESDA be measured? (This is purely based

on the left side my cerebral cortex. Haha!)

The success of the TESDAtraining programs will be

gauged by how they

connect skills training to

jobs.

By looking into whether ornot its vision and mission

are achieved.

Book ThreeConditions of Employment

Title IWorking Conditions and Rest Periods

Chapter IHours of Work

Box 8 - Melendez

1. Obviously, the law on conditions ofemployment cannot apply if

employer-employee relationship

does not exist between the parties.

In law who is considered anemployee? An employer?

Ans. Employer includes any person

acting in the interest of an employer in

relation to an employee.


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Employee includes any individual

employed by an employer

Under SSS law EmployerAny

person, natural or juridical, domestic or

foreign, who carries on in the

Philippines any trade, business,

industry, undertaking, or activity of any

kind and uses the services of another

person who is under his orders as

regards the employment.

EmployeeAny person who performs

services for an employer in which either

or both mental and physical efforts are

used and who receives compensation

for such services, where there is an

employer-employee relationship

2. What are the implications orconsequences of the existence of

the employment relationship?

Who are employees excluded from

the coverage of the law on

employment conditions?

Ans. To protect workers/employee

against businessman trying to avoid

the bringing about of an employer-

employee relationship in their

enterprises because that juridical

relations spawn obligations

connected with workmens

compensation, social security,

medicare, termination pay,

unionism.

Excluded employees are the

following:

a. Govt. employeeb. Managerial employees,

including other officers or

members of the managerial

staff.

c. Field personneld. Employers family member who

depend on him for support

e. Domestic helpersf. Persons in the personal service

of another

g. Workers who are paid byresults as determined under

DOLE regulations

3. What are the rights andresponsibilities of the employer

and the employees as regards

determination and observance of

work hours?

Ans.

1. All hours which the Ee is required to

give to his Er regardless of whether or not such

hours are spent in productive labor or involve

physical or mental exertion.

2. Rest period is excluded from hours

worked, even if Ee does not leave his

workplace, it being enough that:

a. He stops working

b. May rest completely

c. May leave his workplace, to go

elsewhere, whether within or outside the

premises of the workplace

3. All time spent for work is considered

hours worked if:

a. The work performed was necessary

b. If it benefited the Er

c. Or the Ee could not abandon his work

at the end of his normal working hours because

he had no replacement

d. Provided, the work was with the knowledgeof his Er or immediate supervisor

4. The time during which an Ee is

inactive by reasons of interruptions in his work

beyond his control shall be considered working

time:


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a. If the imminence of the resumption

of the work requires the Ees presence at the

place of work or

b. If the interval is too brief to be

utilized effectively and gainfully in the Ees own

interest.

4. In law what are considered hoursworked? Which ones are

unworked, hence not

compensable? Is lunch break

compensable? What travel hours

should be paid?

Ans.

As rule hours worked shallinclude:

(a) All time during which anemployee is required to be on

duty or to be at prescribed

workplace.

(b) All the time during which anemployee is suffered or

permitted to work.

Rest periods of short duration

during working hours shall be

counted as hours worked.

The following are unworkedhence not compensable

a. Mealtime except when he isrequired to perform his duties

whether active or inactive while

eating

b. Normal travel from home towork except emergency call s

outside his regular workinghours.

Lunch break is not compensableexcept when it is required to

perform duties whether active

or inactive

Travel should be paid onfollowing cases:

a. Emergency call outside ofhis regular working hours

and is required to travel to

his place of business or

some other work site, all

time spent in such travel is

working.

b. Time spent by an employeein travel as part of his

principal activity, such as

travel from jobsite to

jobsite during the workday

must be counted as hours

worked.

c. Travel away from home isclearly work time when it

cuts across the employees

workday

5. Is rendition of overtime work anobligation?

Ans. No. Overtime work is

voluntary. Except Compulsory

Overtime work in any of the

following situations:

1. Urgent work to be performed onmachines and installations in order to

avoid serious loss or damage to the Er

or some other cause of similar nature

2. Work is necessary to prevent loss ordamage to perishable goods

3. In case of imminent danger to thepublic safety due to an actual or

impending emergency in the locality

caused by serious accidents, fire, flood,

typhoon, earthquake, epidemic or other

disaster or calamity

4. Country is at war5. Completion or continuation of the work

started before the 8th hour is necessary

to prevent serious obstruction or

prejudice to the business operations of

the Er


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6. Any other national or local emergencyhas been declared

7. Necessary to prevent loss of life orproperty.

Chapter IIWeekly Rest Periods

Box 9 - Jadap

1. When is an employee's rest day?

Every employee regardless of the nature of his

work is entitled to at least one whole day every

week as his rest day. The rest day or day off

shall be determined by the employer. However,

in cases where the employee is required by his

religious belief to rest on certain days, such

belief shall be respected by the employer

2. May an employer require work on rest day?

On non-working day?

The employer may require his employees to

work on any day:

(a) In case of actual or impending emergencies

caused by serious accident, fire, flood, typhoon,

earthquake, epidemic or other disaster or

calamity to prevent loss of life and property, or

imminent danger to public safety;

(b) In cases of urgent work to be performed on

the machinery, equipment, or installation, to

avoid serious loss which the employer would

otherwise suffer;

(c) In the event of abnormal pressure of work

due to special circumstances, where the

employer cannot ordinarily be expected to

resort to other measures;

(d) To prevent loss or damage to perishable

goods;

(e) Where the nature of the work requires

continuous operations and the stoppage of

work may result in irreparable injury or loss tothe employer; and

(f) Under other circumstances analogous or

similar to the foregoing as determined by the

Secretary of Labor and Employment. [Art. 92, LC

Chapter IIIHolidays, Service Incentive Leaves

and Service Charges

Box 10 - Jamila

1. What is holiday pay & who are theemployees entitled to it?

ANS:

Is a oneday pay given by law

to an employee even if he does not

work on a regular holiday. It is limited

to the twelve (12) regular, also called

legal holidays listed by law.

General rule, all employees in

all establishments whether for profit or

not are entitled to a holiday pay,

provided that,he should not have been

absent without pay on the working day

preceding the regular holiday.

Exception, holiday pay does not

apply to:

1. Government employees;2. Managerial employees

including members of

managerial staff; 3. Field

personnel;


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4. Members of the family of the

employer who are dependent

on

him for support; and

5. Employees of retail &

services establishments

regularly

employing not more than ten

(10) workers.

2. What is service incentive leave? Is apart-time worker entitled to S.I.L to

the same extent as a full-timer?

ANS:

It refers to the to the five (5)

days leave with pay for every employee

who has rendered at least one (1) year

of service.

Yes, part-time workers are also

entitled to the full benefit of the yearly

5-day S.I.L. The reason is that the

provisions of article 95 speak of the

number of months in a year for the

entitlement to the said benefit.

3. Aside from S.I.L, what other kinds ofleave are granted by law?

ANS:

The other kinds of leave that

are granted by law are the following:

1. R.A No. 8187 - Paternityand Maternity Leave;

2. R.A No. 8972 - Parental(solo parent) Leave; and

3. R.A No. 9262 BatteredWoman Leave.

Title IIWages

Chapter IPreliminary Matters

Box 11 - Dardo

1. What is wage? What does it include?To determine whether ones

wage meets the legal minimum, should

non-cash benefits included in the

computation?

Wage is the remuneration or

earnings,however designated,capable of

being expressed I in terms of

money,wether fixed or ascertained on a

time,piece,or commission basis or other

method of calculating the same,which is

payable by an employer to an employee

under a written or unwritten contract of

employment for done or to be done or

for services rendered or to be rendered

and includes the fair and reasonable

value,as determined by the Secretary of

Labor,of board,lodging,or other facilities

customarily furnished by the employer to

the employee.

Wage or Salary includes;

1. Commission2. Facilities3. Commodities/Supple

ments

Yes, non-cash benefits maybe

included in the computation of wages such as

board and lodging customarily furnished by the

employer to the employee.


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2. Facilities are wage-deductible,Supplements are not. How are they

differentiated?

In short, the benefit or privilege

given to the employee, which constitutes

an extra remuneration over and above

his basic or ordinary earning or wage, is

supplement. When benefit or

privilege is part of the laborers basic

wages, it is a facility. The criterion lies

not so much on the kind of the benefit or

item given,but its purpose.

3. What establishments may beexempted from observance of the

minimum wage law?

1. Farm tenancy or leasehold;2. Household or domestic helpers;3. Homeworkers engaged in needle-

work;

4. Workers employed in anyestablishment duly registered withthe National Cottage Industry

Development Authority (NACIDA);

5. Workers in duly registeredcooperatives when so recommended

upon approval by the Secretary of

Labor;

6. Workers of a Barangay MicroBusiness enterprise

Chapter IIMinimum Wage Rates

Box 12 - Lusica

1. Minimum wage rates are regionalized,i.e., they vary among the regions. How

is this justified?

The minimum wage rates were

regionalized based on the following

applicable laws:

a. Art. 99 of the Labor Codeprovides that the

minimum wage rates for

agricultural and non

agricultural employees and

workers in each and every

region of the country shall

be those prescribed by the

Regional Tripartite Wages

and Productivity Boards.

b. By virtue of RA 6727 (WageRationalization Act), the

regional wage boards or

RTWPBs have issued wage

orders fixing the minimum

wages for their respective

regions. chardox

2. What is the Rule on Nondiminution ofbenefits? Does it apply to benefits

negotiated through a collective

bargaining agreement (CBA) or to

conditional benefits such as bonus?

The rule on Nondiminution of Benefits

is simply the prohibition against

elimination or diminution of employee

benefits under Article 100 of the Labor

Code. So that the rule against

diminution of supplements or benefits

may apply, it must be shown that:

a. The grant of the benefit isfounded on a policy or has

ripened into a practice over

a long period;

b. The practice is consistentand deliberate;

c. The practice is not due toerror in the construction or


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application of a doubtful or

difficult question of law;

and

d. The diminution ordiscontinuance is done

unilaterally by the

employer.

No. Benefits initiated through

negotiation between employer and

employees, such as those contained in a

collective bargaining agreement, are

not within the prohibition of Article 100

because, as products of bilateral

contract, they can only be eliminated or

diminished bilaterally. What the law

forbids is elimination or modification

done unilaterally by the employer.

Neither does the rule under Art. 100

apply to a benefit whose grant depends

on the existence of certain conditions,so that the benefit is not demandable if

those preconditions are absent. An

example of this is the giving of bonus

which is not part of the employees

regular compensation. It is only an act

of generosity.

In sum, jurisprudence recognizes

exceptions to the application of Article

100:

a. Correction of error;b. Negotiated benefits;c. Wage order compliance;d. Benefits on reimbursement basis;

e. Reclassification of position;f. Contingent benefits or conditional

bonus; and

g. Productivity incentives.3. What is the thirteenth-month pay and

who are entitled to it? On what basis is

it computed? Are commissions part of

the pay?

Thirteenth-month pay is an additionalmonetary benefit given to an employee

by creating an imaginary thirteenth

month and obliges employers to pay

the employees for that imaginary

month. It is a statutory grant under P.D.

No. 851.

All rank-and-file employees, regardless

of salary rate, shall be entitled to 13th-

month pay.

Under the implementing rules of

P.D.851, the basis of computation of

13th

-month pay shall be the one-twelfth

(1/12) of the basic salary of an

employee within a calendar year.

In the case of Philippine Duplicators vs.

NLRC, the Court ruled, essentially, that

commissions are included or excluded,

depending on what kind of commissions

are involved.If the commissions may

properly be considered part of the basic

salary, they should be included in

computing the 13th-month pay. (i.e.

wage-or sales-percentage type)

If the commissions are not

integral part of the basic salary, then

they should be excluded. (i.e. profit-

sharing or bonus type)

4. Wages calculated according to workoutput, instead of time spent, is lawful.

On what conditions?

This is the so-called Payment by Results

under Article 101 of the Labor Code.


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Under the law, the wage rates paid to

workers paid by results, including

pakyao, piecework and other noontime

work must befair and reasonable.

5. What statutory benefits are piece-rateworkers entitled to?

On the basis of existing labor

regulations and more recent

jurisprudence, piece rate workers are

entitled to the benefits, as follows:

a. The applicable statutory minimum daily rate;b. Yearly service incentive leave of five (5) days with pay;c. Night shift differential pay;d. Holiday pay;e. Meal and rest periods;f. Overtime pay (conditional)g. Premium pay (conditional)h. 13th-month pay

Other benefits granted by law, by individual or collective agreement

Chapter IIIPayment of Wages

Box 13 - Estacion

1. Is it lawful to pay the wages only once a month? May the wages be paid in form of goods suchas phone cards?

Ans.:

Under Art. 103 of the Labor Code; Wages shall be made at least once every two (2)weeks or

twice a month at intervals not exceeding sixteen (16) days. If on account of Force majeure or

circumstances beyond the employers control, payment of wages on or within the time herein

provided cannot be made, the employer shall pay the wages immediately after such force majeure

or circumstances have ceased. No employer shall make payment with less frequency than once a

month.

No employer shall pay the wages of an employee by means of promissory notes, vouchers,

coupons, tokens, tickets, chits or any object other than legal tender, even when expressly requested

by the employee.

2. What is independent contracting in contrast to labor-only contracting? What does the latterconsist of and why does the law prohibit it?


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Ans.:

Independent contractingis an arrangement whereby a principal agrees to put out or farm out

with a contractor or subcontractor the performance or completion of a specific job work or

service within a definite or predetermined period, regardless of whether such job, work or

service to be performed or completed within or outside the premises of the principal as

hereinafter qualified. Contracting, as the, definition shows, refers to the completion or

performance of a job, work, or service within a given period. Labor-only contracting, on the

other hand, is not really contracting because the arrangement is merely to recruit or place

people to be employed, supervised and paid by another, who, therefor, is the employer. The

commitment of the so-called contractor is not to do and deliver a job, work or service but

merely to find and supply people. The contractor is a pseudo-contractor; in fact, he himself

might even be an employee of the employer. Thus, labor-only contracting is self-contradictory

because there is no contactor and no contracting in L.o.C.

It is prohibited because it is an attempt to evade the obligations of an employer.

Section 5 of D.O. No. 18-02-Prohibition against labor-only contractingLabor-only contracting

is hereby declared prohibited. For this purpose, labor-only contracting shall refer to an

arrangement where the contractor or subcontractor merely recruits, supplies or place workers

To perform a job, work or service for principal, and any of the following elements are present:

(i) The contractor or subcontractor does not have substantial capital orinvestment which relates to the job, work, or service to be performed and the

employees recruited, supplied or place by such contractor or subcontractor are

performing activities which are directly related to the main business of the

principal; or

(ii) The con tractor does not exercise the right to control over the performance ofthe work of the contractual employee.

3. Other than labor-only contracting, what forms or acts of labor contracting are disallowed?Ans.:

Notwithstanding Section 5 of these Rules the following are hereby declared prohibited forbeing contrary to law or public policy.

(a) Contracting that terminates the employment of regular employees, or reduce their workhours, or reduces or splits a bargaining unit, if such contracting out is not done in good

faith and not justified by business exigencies.

(b) Contracting with cabo


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(c) Contracting with in-house agency(d) Contracting because of a strike or lockout.(e) Contracting that constitutes ULP under Article 248.

4. May an indirect employer be held liable answerable for an illegal dismissal done by the directemployer?

Ans.:

Every employer or indirect employer shall be held responsible with his contractor or

subcontractor for any violation of any provision of this Code. For purposes of determining the

extent of their civil liability under this Chapter, they shall be considered as direct employers.

Chapter IVProhibition Regarding Wages

Box 14 - Ga

1. What wage deductions are legally allowed?Ans. Expressly provided in the Labor Code

Art. 113. WAGE DEDUCTION

No employer, in his own behalf or in behalf of any person, shall make any deduction from

the wages of his employees, except:

(a) In cases where the worker is insured with his consent by the employer, and thededuction is to recompense the employer for the amount paid by him as premium onthe insurance;

(b) For union dues, in cases where the right of the worker or his union to check-off has beenrecognized by the employer or authorized in writing by the individual worker concerned;

and

(c) In cases where the employer is authorized by law or regulations issued by the Secretaryof Labor.

Deductions authorized by law:

a. Deduction for value of meals and other facilities.b. In cases where the employee is insured with his consent by the employer, deductions for

the amount paid by said employer, as premiums on the insurance.

c. In cases where the right of the employees or his union to checkoff has been recognized bythe employer or authorized in writing by the individual employee concerned.

d. In cases where the employee is indebted to the employer, where such indebtedness hasbecome due and demandable.


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e. In court awards, wages may be the subject of execution or attachment, but only for debtsincurred for food, shelter, clothing and medical attendance.

f. Withholding taxg. Salary deductions of a member of a legally established cooperativeh. SSS, Medicare and Pag-ibig contributions2. May an employer deduct from the employees salary the cost of company property lost or

damaged by the employee?

Ans. According to the implementing rules, payments for lost or damaged equipment is

deductible from the employees salary if four conditions are met namely:

a. The employee is clearly shown to be responsible for the loss or damage;b. The employee is given ample opportunity to show cause why deduction should not be

made;

c. The amount of the deduction is fair and reasonable and shall not exceed the actual lossor damage;

d. The deduction from the employees wage does not exceed 20 percent of the employeeswages in a week.

3. May labor standards violation justify a strike?Ans. A wage violation is unlawful and may be pursued in a money claim, not through a

strike. But a strikeable situation may arise when the employer retaliates against the

complaining employee, and the retaliation is of the kind considered as ULP under Art. 248(f).

Violation of labor standards, therefore, may ultimately cause or justify a strike if Article 248

(f) or Article 261 (gross violation of the CBA) is applicable.

Chapter VWage Studies, Wage Agreements, and Wage Determination

Box 15Cruz

1. What is the NWPC? The RTWPB? What are their respective authorities as regards wagedetermination?

A: NWPC or National Wages and Productivity Commission, prescribes rules and guidelines

for determination of appropriate minimum wage and productivity measures at the regional,

provincial or industry levels. Further the NWPC may review the wage levels set by the RTWPB.

But a wage-fixing order by RTWPB does not need prior approval by the NWPC

RTWPB or Regional Tripartite Wages and Productivity Boards, are empowered to

determine and fix minimum wage rates applicable in their regions and to issue the

corresponding wage orders, subject to guidelines issued by the NWPC. But the guidelined, like

the Labor Code, do not require NWPCs approval of a wage order. What it requires is for the

board to conduct a public hearing over a petition for a wage order, to decide such petition

within 30 days after the last hearing , and to furnish the Commission a copy of the decision on


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the petition or the wage order. Furnishing the NWPC a copy of the Wage Order does not mean

seeking the Commissions approval.

2. What factors or criteria are considered in determining a regions minimum wage standard?A: ARTICLE 124. Standards/Criteria for minimum wage fixing. The regional minimum

wages to be established by the Regional Board shall be as nearly adequate as is economicallyfeasible to maintain the minimum standards of living necessary for the health, efficiency and

general well-being of the employees within the framework of the national economic and social

development program. In the determination of such regional minimum wages, the Regional

Board shall, among other relevant factors, consider the following:

(a) The demand for living wages;

(b) Wage adjustment visvis the consumer price index;

(c) The cost of living and changes or increases therein;

(d) The needs of workers and their families;

(e) The need to induce industries to invest in the countryside;

(f) Improvements in standards of living;

(g) The prevailing wage levels;

(h) Fair return of the capital invested and capacity to pay of employers;

(i) Effects on employment generation and family income; and

(j) The equitable distribution of income and wealth along the imperatives of economic and social

development.

The wages prescribed in accordance with the provisions of this Title shall be the standard

prevailing minimum wages in every region. These wages shall include wages varying with

industries, provinces or localities if in the judgment of the Regional Board, conditions make such

local differentiation proper and necessary to effectuate the purpose of this Title.

3. What obligations, if any, does an employer have when salaries are distorted by compliance

with a wage order?

A: Where the application of any prescribed wage increase by virtue of a law or wage order

issued by any Regional Board results in distortions of the wage structure within an

establishment, the employer and the union shall negotiate to correct the distortions. Any

dispute arising from wage distortions shall be resolved through the grievance procedure under

their collective bargaining agreement and, if it remains unresolved, through voluntary

arbitration. Unless otherwise agreed by the parties in writing, such dispute shall be decided by


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the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred

to voluntary arbitration.

In cases where there are no collective agreements or recognized labor unions, the employers

and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be

settled through the National Conciliation and Mediation Board and, if it remains unresolved

after ten (10) calendar days of conciliation, shall be referred to the appropriate branch of the

National Labor Relations Commission (NLRC). It shall be mandatory for the NLRC to conduct

continuous hearings and decide the dispute within twenty (20) calendar days from the time said

dispute is submitted for compulsory arbitration.

The pendency of a dispute arising from a wage distortion shall not in any way delay the

applicability of any increase in prescribed wage rates pursuant to the provisions of law or wage

order.

Chapter VIAdministration and Enforcement

Box 16Cabunoc

1) Labor laws are enforced and administered largely through DOLE's regional offices. How is this

administrative authority exercised?

Ans: (not sure)

To carry out these responsibilities, the DOLE is authorized to operate and maintain regional

offices (including district offices and provincial extension units) in each of the country's administrative

regions. These offices serve as the operational armsthe front line action officesof the DOLE. This

role is described in Arts. 128 and 129.

Article 128. Visitorial and enforcement powers. (a) The Secretary of Labor and Employment or

his duly authorized representatives, including labor regulations officers, shall have access to employer's

records and premises at any time of the day or night whenever work is being undertaken therein, andthe right to copy therefrom, to question any employee and to investigate any fact, condition or matter

which may be necessary to determine violations or which may aid in the enforcement of this Code and

of any labor law, wage order or rules and regulations issued pursuant thereto.

(b) The provisions of Article 217 of this Code to the contrary notwithstanding and in cases where the

relationship of employer-employee still exists, the Secretary of Labor and Employment or his duly

authorized representatives shall have the power to order and administer, after due notice and hearing,

compliance with the labor standards provisions of this Code and other labor legislation based on the

findings of labor regulation officers or industrial safety engineers made in the course of inspection, and

to issue writs of execution to the appropriate authority for the enforcement of their order, except in

cases where the employer contests the findings of the labor regulation officer and raises issues which

cannot be resolved without considering evidentiary matters that are not verifiable in the normal course

of inspection.

(c) The Secretary of Labor and Employment may likewise order stoppage of work or suspension of

operations of any unit or department of an establishment when non-compliance with the law or

implementing rules and regulations poses grave and imminent danger to the health and safety of

workers in the workplace. Within twenty-four hours, a hearing shall be conducted to determine whether


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an order for the stoppage of work or suspension of operations shall be lifted or not. In case the violation

is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages

during the period of such stoppage of work or suspension of operation.

(d) It shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render

ineffective the order of the Secretary of Labor and Employment or his duly authorized representatives

issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue

temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case

involving the enforcement orders issued in accordance with this Article.

(e) Any government employee found guilty of violation of, or abuse of authority under this Article shall,

after appropriate administrative investigation, be subject to summary dismissal from the service.

(f) The Secretary of Labor and Employment may by appropriate regulations require employers to keep

and maintain such employment records as may be necessary in aid of his visitorial and enforcement

powers under this Code.

2) Some labor disputes are likewise adjudicated at the regional level. What are the limits to

such adjudicatory function?

Ans:

Under the provisions of Art 129, the Regional Director is empowered through summary

proceedings and after due notice, to hear and decide cases involving recovery of wages and other

monetary claims and benefits, including legal interests, provided the following requisites are present:

a) the claim is presented by an employee, or a person employed in domestic or household

service, or househelper;

b) the claim arises from employer-employee relations;

c) the claimant does not seek reinstatement; and

d) the aggregate money claim of each claimant does not exceed P5,000.00

3) Administrative orders or adjudications are appealable. To whom? When?

Ans:

Art. 129

x x x

Any decision or resolution of the Regional Director or hearing officer pursuant to this provision

may be appealed on the same grounds provided in Article 223 of this Code, within five (5) calendar days

from receipt of a copy of said decision or resolution, to the National Labor Relations Commission which

shall resolve the appeal within ten (10) calendar days from the submission of the last pleading required

or allowed under its rules.

Title IIIWorking Conditions for Special Groups of Employees

Chapter 1Employment of Women

Box 17Elica


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1. Women, as a rule, are not allowed to engage in nightwork. What are the exceptions?Ans. Art. 131. Exceptions.The prohibitions prescribed by the preceding Article shall not apply in any of

the following cases:

1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon,earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in

cases of force majeure or imminent danger to public safety;

2. In case of urgent work to be performed on machineries, equipment or installation, to avoidserious loss which the employer would otherwise suffer;

3. Where the work is necessary to prevent serious loss of perishable goods;4. Where the woman employee holds a responsible position of managerial or technical nature, or

where the woman employee has been engaged to provide health and welfare services;

5. Where the nature of the work requires the manual skill and dexterity of women workers and thesame cannot be performed with equal efficiency by male workers;

6. Where the women employees are immediate members of the family operating theestablishment or undertaking; and

7. Under other analogous cases exempted by the Secretary of Labor and Employment inappropriate regulations.

2. Sex discrimination at work is basically wrongful. What acts are considered discriminatoryagainst women employees?Ans.Art. 135. Discrimination prohibited.It shall be unlawful for any employer to discriminate

against any woman employee with respect to terms and conditions of employment solely on

account of her sex.

The following are acts of discrimination:

1. Payment of a lesser compensation, including wage, salary or other form of remuneration andfringe benefits, to a female employees as against a male employee, for work of equal value; and

2. Favoring a male employee over a female employee with respect to promotion, trainingopportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any

violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as

provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action

under this provision shall not bar the aggrieved employee from filing an entirely separate and


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distinct action for money claims, which may include claims for damages and other affirmative

reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by

Republic Act No. 6725, May 12, 1989)

Chapter IIEmployment of Minors

Box 18 - Daypuyat

1. Childwork is wrongful and generally illegal. Before a child may be put to work, what are thelegal requirements?

- It must be a nonhazardous work- the child is not exposed to any risk which constitutes animminent danger to his safety and health.

- The child shall work only for such # of hours and period of days as determined by the Secretaryof Labor.

- For below 15yrs old: Must work directly under the sole responsibility of the parents/legal guardian and

where only members of his family are employed;

It does not endanger childs life, safety, health nor impair normal development; The parent/legal guardian shall provide for the childs primary and/or secondary

education.

If employed in any form of media-Childs participation must be essential; Employment contract is concluded by the childs parent or legal guardian with

express agreement of the child concerned, if possible, and the approval of the DOLE;

The ff. are strictly complied with:a. Er shall ensure the protection, health, safety, morals and normal

development of the child

b. Er shall institute measures to prevent exploitation or discrimination of the

child (remuneration, working time)

c. Er shall formulate and implement continuing program for training and skill

acquisitions of the child.

2. What are the employable ages? Between 15 and 18 for non-hazardous work 18 and above for any hazardous work Below 15yrs old-GR: not allowed to work. Exceptions: (RA 9231 refer to page 444 if

you must)

1. When a child works directly under the sole responsibility of the parents and

where only members of his family are employed;

2. Artista nga bata AKA child star:p


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Chapter IIIEmployment of Househelpers

Box 19 - Torres

1. What statutory employment benefits do househelpers have?a. Standard treatmentany kind of abuse or any form of physical violence or harassment

or any act tending to degrade the dignity of a domestic worker is not allowed.

b. Free board, lodging and medical attendancec. Guarantee of privacy- extends to all forms of communication and personal effects.d. Access to outside communication-during free time. In case of emergency, access to

outside communication shall be at all times.

e. Right to education and training- primary education; ALS; and higher education, technicaland vocational training, if practicable.

f. Health and safetyg. Daily rest period-8hrs/dayh. Weekly rest period-24hrsi. Minimum wage-

i. 2,500php/month for those employed in NCR;ii. 2,000php/month for those employed in chartered cities and first class

municipalities; and

iii. 1,500php/month for those employed in other municipalities.j. Leave benefits- 5 days with pay for those who have rendered at least 1yr of service.k. Social and other benefits-must have rendered at least one month of service

i. SSSii. PhilHealthiii.

Pag-ibig

2. When a househelpers employment is terminated, is he entitled to separation pay? There is no provision of separation pay under the Kasambahay Law. But it provides

that if the domestic worker is unjustly dismissed, the domestic helper shall be paid

the compensation already earned plus the equivalent of 15 days work by way of

indemnity. (Sec 32)

3. Does the SSS law apply to househelpers? Yes. A domestic worker who has rendered at least one month of service shall becovered by the Social Security System and entitled to all the benefits in accordance

with the pertinent provisions of the SSS law. (Sec 30)*Answers taken from RA 10361 -Kasambahay Law

Chapter IVEmployment of Homeworkers


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Box 20 - Melendez

1. Are homeworkers entitled to the right to self-organize? Are they SSS covered?Ans.

Yes, in the new rule, it authorizes the formation and registration of labor organization of

industrial homeworkers. It also makes explicit the employers duty to pay and remit SSS,

medicare and ECC Premiums.

2. Who is their employer?Ans.

Employers of homeworkers includes any person, natural or artificial, who for his account or

benefit or on behalf of any person residing outside the country, directly or indirectly or through

any employee, agent, contractor, subcontractor or any other person.

Title IIEmployees Compensation and State Insurance Fund

Chapter IPolicy and Definitions

Box 21 - Jadap

1. What are the significant changes introduce by labor code to the law that awards compensation

benefits to employees who sustain work connected injury?

Where an ailment supervened before the new labor code, the governing law is the Workmen

Compensation Act. Thus, the changes are as follows:

Workmen Compensation Act. Act 3428 Employees Compensation Law pd 442

amended by pd 626

(labor code)

there is presumption of compensability no presumption of compensability

no need to present proof of causation causation proof of causation is needed of

diseases is not listed

employer has burden of proof Claimant

there is presumption of aggravation aggravation no presumption

if he so desires, employer had to controvert the claim

within 14 days from date of disability or 10 days from

the knowledge, otherwise it is deemed waived

employer is not allowed much less required to

intervene in the process of the compensation

claim

payment of compression is made by employer payment of compensation is made by the

sss/gsis through state insurance fund. Employer

obligation is to pay counter contribution

litigation, quasi judicial judicial administrative

2. Under what circumstances is an injury considered work connected and therefore compensable?

Conditions:


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1. The employee must have been injured at the place where the work required him to be

2. The employee must have been performing his official functions

3. If the injury is sustained elsewhere, the employee must have been executing an order

of the employer

4. The injury was not due to the employees intoxication, willful intention to injure or kill

himself or another, or notorious negligence Injuries incurred by a health worker while

doing overtime work shall be considered work-connected.

3. What kind of disease are compensable?

Occupational disease listed by the commission otherwise, proof must be shown that the risk of

contracting the disease is increased by the working conditions.

4. Explain the theory of increased risk?

If an ailment is not included in the list of occupational disease as drawn up by the commission,

the claimant has the burden of proving that the nature of the work increased the risked of contacting

the disease. The claimant must show proof of reasonable work connection, not necessarily direct causal

relation.

5. What is the dual purpose doctrine?

An employees status of acting in the course of his employment is not negated by the fact that He may

be pursuing a dual purpose.

Considers as compensable an injury that an employee sustains while on a trip undertaken for the benefit

of employer even if in the course thereof the employee pursues also a personal purpose.

6. If the cause of disease is unknown, for example, cancer, must the claimant prove that it is work

related so as to obtain benefits under SIF?

Yes. Proof is required.

As a general rule, cancer is a disease still unknown origin which strikes people in all walks of life. Unless

it be shown that a particular form of cancer is caused by specific working conditions or environment,

one cannot conclude that it was the employment which increased the risk of contracting the disease.

Chapter IICoverage and Liability

Box 22 - Jamila


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5. Maternity Leave BenefitsNOTE: Simultaneous recovery of benefits under Employees Compensation Program of

the Labor Code & under the Social Security Law is allowed.

Chapter IIIAdministration

Box 23 - Dardo

1. Who administers the State Insurance Fund? What is the role of the SSS?It is administered by the government and attached to the Department of Labor for

policy coordination and guidance. Its chairman is the Secretary of Labor and Employment.

The SSS is the collecting agent of the employees in the private sector of the State

Insurance Fund.2. Does the EC Commission decide on compensation claims? Are their decisions appealable?

Yes, the EC is the policy-making body of the Employees Compensation Program and also

the appeal body.

The decisions of either SSS or GSIS, if unfavorable to the claimant are appealable to the

ECC. Upon appeal, the system elevates the record of the case to the ECC for review.

Chapter IVContributions

Box 24 - Lusica

1. Is it the employers or the consumers that shoulder the contributions to the State InsuranceFund (SIF)?

Employers. Under the law, contributions shall be paid in their entirety by the employer and any

contract or device for the deduction of any portion thereof from the wages or salaries of the

employees shall be null and void. chardox

Chapter V Medical Benefits

Box 25 - Lusica

1. What are the benefits recoverable under the EC Program?The benefits or compensation extended to the employee (or to beneficiaries) are of three

kinds: services, income benefit, and funeral benefit.

A. Services


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(1) Medical services, appliances and supplies;(2) Rehabilitation services;

B. Cash Income Benefit or Pension due to:(1) Temporary total disability;(2) Permanent total disability;(3) Permanent partial disability;(4) Death.

C. Funeral benefit. chardox2. Are medical benefits payable even after ones retirement?

Yes. In the case of Itogon Suyoc Mines Inc. vs. Dulay, et al, medical attendance is owing as long

as the employee is sick of a compensable illness, and this duty is not ended when employment

terminates.

Chapter VIDisability Benefits

Box 26 - Daypuyat

1. What are the kinds of disability benefits under the EC program?a. Income benefit

i. For temporary total disabilityii. Equivalent to 90% of his average daily salary creditiii. Shall be paid to the ee from day 1 of his disability until the 120thday

b. Full monthly income benefiti. for permanent total disability

ii. guaranteed for 5yrsc. Permanent partial disability benefit

i. for Permanent partial disabilityii. same amount with permanent totaliii. monthly/lump sum (Until how many months will the ee receive the income

benefit under this category? Refer to page 553. Example: loss of one thumb-10

months)

2. When is a disability considered permanent-total? If the ee is unable to perform any gainful occupation for a continuous period

exceeding 120 days.

An incapacity to perform gainful work which is expected to be permanent. But doesnot require a condition of complete helplessness. Nor is it affected by the

performance of occasional odd jobs (Abaya v. ECC)

Example: Article 192


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a. Temporary total disability lasting continuously for more than 120 days, except asotherwise provided;

b. Complete loss of sight of both eyes;c. Loss of two limbs at or above the ankle or wrist;d. Permanent complete paralysis of two limbs;e. Brain injury resulting in incurable imbecility and insanity; andf. Such cases as determined by the System and approved by the commission.

Chapter VIIDeath Benefits

Box 27 - Culaway

1. In case an SIF covered employee dies, how are the beneficiaries of the death benefitsAs provided by law, Art 194(a) Under such regulations as the Commission may approve, the System

shall pay to the primary beneficiaries upon the death of the covered employee under this Title, an

amount equivalent to his monthly income benefit, plus ten percent thereof for each dependent child,

but not exceeding five, beginning with the youngest and without substitution, except as provided for in

paragraph (j) of Article 167 hereof: Provided, however, That the monthly income benefit shall be

guaranteed for five years: Provided, further, That if he has no primary beneficiary, the System shall pay

to his secondary beneficiaries the monthly income benefit but not to exceed sixty months: Provided,

finally, That the minimum death benefit shall not be less than fifteen thousand pesos.

2. If there are competing claimants who resolves the disputes?a. If there competing claimants the ECC is empowered by law to resolve disputes in

compensation claims.

Chapter VIIIProvisions Common to Income Benefits

Box 28 - Palamine

1. What are the liabilities of an employer who is delinquent in his contributions to the SIF?An employer who is delinquent in his contributions shall be liable to the System for the benefits which

may have been paid by the System to his employees or their dependents, and any benefit and expenses

to which such employer is liable shall constitute a lien on all his property, real or personal, which is

hereby declared to be preferred to any credit, except taxes. The payment by the employer of the lump

sum equivalent of such liability shall absolve him from the payment of the delinquent contribution andpenalty thereon with respect to the employee concerned.

2. What is the prescriptive period of EC claims?

As provided by law, No claim for compensation shall be given due course unless said claim is filed with

the System within three (3) years from the time the cause of action accrued. (As amended by Section 5,

Presidential Decree No. 1921). Art 201


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Chapter IXRecords, Reports and Penal Provisions

Box 29 - Ga

1. What steps need to be observed in filing and pursuing an EC claim?Ans. Under Art. 206 of the present law on Employees Compensation, it is required that the

employee, his dependents or anybody on his behalf, should give the notice of sickness, injury or

death to the employer within five (5) days from the occurrence of the contingency. The purpose

is not only to establish the employees right to compensation, as no claim for compensation

shall be given the employer, but also to enable the employer to comply with its duty under the

Rules that of entering the contingency in the logbook and of giving also due notice to the

System if the injury, sickness or death is deemed work-connected.

The same article provides, however, that notice need not be given if the employer or his

agent or representative is aware of the contingency that gives rise to the claim for

compensation.

2. Under what circumstances may the notice to the employer be dispensed with?Ans. Under ECC Resolution No. 2127, notice of injury, sickness or death of the employee

need not be given to the employer in any of the following situations:

a. When the employee suffers the contingency within the employers premises;b. When the employee officially files an application for leave of absence by reason of

the contingency from which he suffers;

c. When the employer provides medical services and/or medical supplies to theemployee who suffers from the contingency; and

d. When the employer can be reasonably presumed to have knowledge of theemployees contingency, in view of the ff. circumstances:

1. The employee was performing an official function for the employer whenthe contingency occurred;

2. The employees contingency has been publicized through mass mediaoutlets; or

3. The specific circumstances of the occurrence of the contingency have beensuch that the employer can be reasonably presumed to have readily known

it soon thereafter; and

4. Any other circumstances that may give rise to a reasonable presumptionthat the employer has been aware of the contingency.

Once you've started, you're halfway there.Fear not, for I am with you, be not dismayed, for I am your God; I will

strengthen you, I will help you

Azucena - Labor Standards - Answers to Box Questions

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