Basic Labor Laws

8/10/2019 Basic Labor Laws

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BASIC LABOR LAWS: WHAT

EVERY EMPLOYEE SHOULD

KNOW

Atty. Irene C. Cunanan-Estrellado

Ateneo de Naga University

November 11, 2011


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SELL YOURSELF


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YOURE HIRED!


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TYPES OF EMPLOYMENT

REGULAR

an employment shall be deemed tobe regular where the employee has

been engaged to perform activitieswhich are usually necessary ordesirable in the usual business ortrade of the employer.

EXCEPT: Project Employees

Seasonal Employees


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TYPES OF EMPLOYMENT

CASUAL

An employment shall be deemed tobe casual if it is not covered by thepreceding paragraph.

Any employee who has rendered atleast one year of service, whethersuch service is continuous or broken,shall be considered a regular

employee with respect to the activityin which he is employed and hisemployment shall continue whilesuch activity exists.


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TYPES OF EMPLOYMENT PROBATIONARY

Probationary employment shall not exceedsix (6) months from the date the employeestarted working, unless it is covered by anapprenticeship agreement stipulating alonger period.

The services of an employee who hasbeen engaged on a probationary basis maybe terminated for a just cause or when hefails to qualify as a regular employee inaccordance with reasonable standards

made known by the employer to theemployee at the time of his engagement.

An employee who is allowed to work after aprobationary period shall be considered aregular employee.


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8-5 JOB???


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WORKING CONDITIONS

AND REST PERIODS COVERAGE The provisions of this Title shall apply to

employees in all establishments andundertakings whether for profit or not.

EXCEPT: government employees

managerial employees

field personnel

members of the family of the employer whoare dependent on him for support

domestic helpers

persons in the personal service of another

workers who are paid by results


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WORKING CONDITIONS

AND REST PERIODS

NORMAL HOURS OF WORK

The normal hours of work of any employeeshall not exceed eight (8) hours a day

Health personnel in cities and

municipalities with a population of at least1,000,000 or in hospitals and clinics with abed capacity of at least 100 shall holdregular office hours for 8 hours a day, for 5days a week, exclusive of time for meals,

except where the exigencies of the servicerequire that such personnel work for 6 daysor 48 hours, in which case, they shall beentitled to 30% of their regular wage forwork on the sixth day.


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OT!!!


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WORKING CONDITIONS

AND REST PERIODS

OVERTIME WORK

Regular Overtime (work rendered onregular days): 125%

Overtime on Rest Day: 130% of Rest Day

Premium Pay Overtime on Holiday: 130% of Holiday

Premium Pay

Undertime work on any particular day shallnot be offset by overtime work on any other

day. Permission given to the employee togo on leave on some other day of the weekshall not exempt the employer from payingthe additional compensation required inthis Chapter.


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TGIF!!!


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WORKING CONDITIONS

AND REST PERIODS

WEEKLY REST PERIOD

It shall be the duty of everyemployer, whether operating forprofit or not, to provide each of his

employees a rest period of not lessthan twenty-four (24) consecutivehours after every six (6) consecutivenormal work days.


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WORKING CONDITIONS

AND REST PERIODS

COMPENSATION FOR REST DAY,SUNDAY OR HOLIDAY WORK

Work on Rest Day: 130% for the first8 hours

Work on Special Holiday: 130% forthe first 8 hours

Work on Special Holiday falling on aRest Day: 150% for the first 8 hours

Work on Regular Holiday: 200% forthe first 8 hours


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ITS ALL ABOUT THE

MONEY!


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WAGES FORMS OF PAYMENT

No employer shall pay the wages of anemployee by means of promissory notes,vouchers, coupons, tokens, tickets, chits,or any object other than legal tender, evenwhen expressly requested by the

employee. Payment of wages by check or money

order shall be allowed when such mannerof payment is customary on the date ofeffectivity of this Code, or is necessary

because of special circumstances asspecified in appropriate regulations to beissued by the Secretary of Labor andEmployment or as stipulated in a collectivebargaining agreement.


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WAGES TIME OF PAYMENT

Wages shall be paid at least once every two

(2) weeks or twice a month at intervals notexceeding sixteen (16) days.

DIRECT PAYMENT OF WAGES

Wages shall be paid directly to the workers towhom they are due.

EXCEPT: In cases of force majeure rendering such

payment impossible or under other specialcircumstances to be determined by theSecretary of Labor and Employment inappropriate regulations, in which case, the

worker may be paid through another personunder written authority given by the worker forthe purpose; or

Where the worker has died, in which case, theemployer may pay the wages of the deceased

worker to the heirs of the latter without thenecessity of intestate proceedings


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WAGES WAGE DEDUCTIONS

No employer, in his own behalf or in behalf ofany person, shall make any deduction from thewages of his employees.

EXCEPT

In cases where the worker is insured with his

consent by the employer, and the deduction isto recompense the employer for the amountpaid by him as premium on the insurance;

For union dues, in cases where the right of theworker or his union to check-off has beenrecognized by the employer or authorized in

writing by the individual worker concerned; and In cases where the employer is authorized by

law or regulations issued by the Secretary ofLabor and Employment.


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BENEFITS ANYONE?


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YOURE FIRED!!!


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TERMINATION

BY EMPLOYER

FOR LAWFUL CAUSES:

Serious misconduct or willful disobedience bythe employee of the lawful orders of hisemployer or representative in connection withhis work

Gross and habitual neglect by the employee ofhis duties

Fraud or willful breach by the employee of thetrust reposed in him by his employer or dulyauthorized representative

Commission of a crime or offense by theemployee against the person of his employeror any immediate member of his family or hisduly authorized representatives; and

Other causes analogous to the foregoing.


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TERMINATION

BY EMPLOYER FOR AUTHORIZED CAUSES:

installation of labor-saving devices

redundancy

retrenchment to prevent losses

partial or total closure or cessationof operation of the establishment or

undertaking affliction of disease prejudicial to the

employee's health and/or his co-employees' health


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TERMINATION

BY EMPLOYEE WITHOUT CAUSE

WITH CAUSE

Serious insult by the employer or hisrepresentative on the honor and person of theemployee

Inhuman and unbearable treatment accordedthe employee by the employer or hisrepresentative

Commission of a crime or offense by theemployer or his representative against theperson of the employee or any of theimmediate members of his family

Other causes analogous to any of theforegoing.


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AGING WITH GRACE


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RETIREMENT

In the absence of a retirement plan oragreement providing for retirement benefits ofemployees in the establishment, an employeeupon reaching the age of sixty (60) years ormore, but not beyond sixty-five (65) yearswhich is hereby declared the compulsory

retirement age, who has served at least five (5)years in the said establishment, may retire andshall be entitled to retirement pay equivalent toat least one-half (1/2) month salary for everyyear of service, a fraction of at least six (6)months being considered as one whole year

Unless the parties provide for broaderinclusions, the term one-half (1/2) monthsalary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and thecash equivalent of not more than five (5) daysof service incentive leaves.

Basic Labor Laws

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