UNGOS NOTES - FINALS LABOR STANDARDS

8/10/2019 UNGOS NOTES - FINALS LABOR STANDARDS

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LABOR STANDARDS FINALS

ATTY. UNGOS

TITLE III

WORKING CONDITIONS FOR SPECIAL GROUPS

OF EMPLOYEES

CHAPTER 1

EMPLOYMENT OF WOMEN

ART. 130: NIGHTWORK PROHIBITION

No woman, regardless of age, be

employed/permitted or suffered to work with

/without compensation:

a.

INDUSTRIAL ESTABLISHMENT

10:00PM to 6:00 AM

b.

COMMERCIAL ESTABLISHMENT 12:00

midnight to 6:00AM

c.

AGRICULTURAL UNDERTAKING

Nightime, unless given rest period of

not less than 9 consective hours

COVERAGE OF LAW

Applies to all employers except:

a.

Government and GOCC

b.

Employers of household helpers and

persons in the personal service, insofar

as such workers are concerned

ART. 131: EXCEPTIONS

NIGHT WORK FOR FEMALE EMPLOYEES

ALLOWED IN EXCEPTIONAL CASES:

a.

Emergency Situation

b.

Urgent Repairsc.

Urgent Work

d.

Managerial or Technical Employees

Female employee holds a responsible

position

e.

Health and Welfare Employees

f.

Peculiarity of Work Nature of work

requires the manual skill and dexterity

of female workers

g.

Family Members

h.

Established Practice

i.

Analogous Cases

ART. 132: FACILITIES FOR WOMEN

EMPLOYERS MAY BE REQUIRED TO PROVIDE

THE FOLLOWING FACILITIES TO FEMALE

WORKERS:

a.

SEATS the can be used by female

employees during break time or during

working hours, if it will not affect their

efficacy;

b.

Separate TOILET ROOMS, lavatories and

a DRESSING ROOM for the exclusive use

of female employees

c.

NURSERY

d.

To determine appropriate minimum age

and other standards for retirement or

termination in special occupations such

as those of flight attendants and the

like.

ART. 133: MATERNITY LEAVE BENEFITS

Employer shall grant to any pregnant

woman employee

Who has rendered service of at least 6

MONTHS for the last 12 months

Maternity leave of at least 2 WEEKS

PRIOR EXPECTED DATE OF DELIVERY

Another 4 WEEKS AFTER NORMAL

DELIVERY/ABORTION WITH FULL PAY

based on her regular average weekly

wages

Employer may require upon application

for maternity leave a medical

certificated stating that delivery willprobably take place within 2 WEEKS.

The maternity leave shall be extended

WITHOUT PAY on account of illness

medically certified to arise out of

pregnancy, delivery, abortion,

miscarriage, which renders the woman

unfit for work, UNLESS she has earned


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ATTY. UNGOS

Solo parents are entitled to a non-

cumulative parental leave of 7 working

days.

Enable solo parents to perform parental

duties and responsibilities where his or

her physical presence is needed

Can be availed under following

conditions:

a.

Solo parent rendered at least 1 year

service whether continuous or

broken

b.

Notify employer within reasonable

period of time

c.

Must present his Solo Identification

Card to employer

ART. 134: FAMILY PLANNING SERVICES;

INCENTIVES FOR FAMILY PLANNINGa.

Establishments which are required by

law to maintain a clinic or infirmary

shall provide free family planning

services for employees. Shall include

but not limited to, application or use of

contraceptive pills and intra-uterine

devices.

b.

DOLE shall develop and prescribe

incentive bonus schemes to encourage

family planning among female workers

in any establishment or enterprise.

COVERAGE OF THE LAW

Applies to all establishments which

habitually employ at least 200

employees at any given period within a

year.

Branches or sub-offices are considered

as part of the main office provided

located within commutable distance

from the main office.

IN-PLANT FAMILY PLANNING REQUIREMENT

All covered establishments are required to have

the following:

a.

A functional Labor-Management

Coordinating Committee to be

composed of 2 or 3 representatives

each from the management sectors

b.

In-plant family planning program

suitable to meet the needs of

employees

c.

A clinic equipped with additional

instruments for family planning

services.

FAMILY PLANNING SERVICE DELIVERY

Establishments exempted from putting

up emergency hospitals shall maintain a

family planning clinic in the workplace,

unless establishment has contact with a

hospital which can adequately provide

the minimum clinic requirements.

Clinic should have part-time physician

who should render service not less than

2 hours for at least 5 days a week

If clinic staff not yet competent or hasnot undergone required training,

employee may be referred to other

family planning clinics or hospitals.

ART.135: DISCRIMINATION PROHIBITED

Shall be unlawful for any employer to

discriminate any woman employee with respect

to terms and conditions of employment solely

on account of her sex

THE FOLLOWING ARE ACTS OFDISCRIMINATION:

a.

Payment of lesser compensation to

female employee as against a male

employee for work of equal value

b.

Favouring of male employee over

female with respect to promotion,

training opportunities solely on account

of their sexes

Criminal liability for the wilful

commission of any unlawful acts as

provided in this article. Shall be

penalized as provided in Article 288 and

289 of this code. Provided, the

institution of criminal action under this

provision shall not bar the aggrieved

party from filing an entirely separate

and distinct action for money claims.

Action hereby authorized shall proceed

independently of each other


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ATTY. UNGOS

EQUALITY OF EMPLOYMENT OPPORTUNITIES

FOR WOMEN

Provide equal employment

opportunities for all and ensure

fundamental equality before the law of

women and men.

Law makes it criminal offense to

discriminate any woman employee

ART.136: STIPULATION AGAINST MARRIAGE

Shall be unlawful for an employer to

require as a condition of employment

or continuation of employment that a

woman employee shall not get married

or to stipulate that upon getting

married, a woman employee shall be

deemed resigned or separated or

otherwise prejudice a woman employeemerely by reason of her marriage.

PROHIBITED ACTS UNDER ARTICLE 136 OF THE

LABOR CODE

a.

Requiring as a condition of employment

that female shall not get married

b.

Requiring a female employee to resign

upon getting married

c.

Dismissing or discriminating against a

female employee because of her

marriage Violation of this provision is a criminal

offense

PT&T Co. vs NLRC

FACTS: GDG was hired by PT&T as its employee.

In the job application furnished to her to be

filled up, she indicated in the portion of the civil

status that she was single despite the fact that

she had contracted marriage a few months

earlier. When PT&T learned the GDG was in fact

married, after directing her to explain, she was

dismissed from employment because of

company policy of not accepting married

women

HELD: The policy of PT&T runs afoul of the test

of right against discrimination, afforded al

women workers by our labor laws and the

Constitution. The danger of just such a policy

against marriage followed up by PT&T is that it

strikes at the very essence, ideals and purpose

of marriage as an inviolable social institution

and, ultimately, of the family as the foundation

of the nation.

ART. 137: PROHIBITED ACTS

a.

Dismissing a female employee for the

purpose of preventing her from

enjoying the maternity leave benefit

and other benefits or facilities provide

under LC

b.

Dismissing female employee on account

of her pregnancy, or while on leave or

in confinement due to her pregnancy

c.

Refusing admission of a femaleemployee upon returning to her work

for fear the she may again be pregnant

ART. 138: CLASSIFICATION OF CERTAIN WOMEN

WORKERS

Any woman who is permitted or

suffered to work, w/ or w/o

compensation, in any night club,

cocktail lounge, massage clinic, bar or

similar establishment, shall be

considered as an employee of suchestablishment for purposes of labor and

social legislation.

STATUS OF FEMALE WORKERS IN

ENTERTAINMENT PLACES

Deemed employees if they have worked

therein for a substantial period of time

under the effective control or

supervision of the employer.

CHAPTER 2

EMPLOYMENT OF MINORS

ART. 139: MINIMUM EMPLOYABLE AGE

**Superseded by R.A. No. 7610**

MINIMUM AGE FOR EMPLOYMENT

General Rule: A person can be engaged for

employment only when he is 15 years old.


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ATTY. UNGOS

EMPLOYMENT OF CHILDREN BELOW 15 YEARS

OLD

Children below 15 years old can be employed

only in 2 instances:

1.

When child works directly under sole

responsibility of his parents or legal

guardian and only members of his

family are employed therein provided:

a.

Employment of child neither

endangers his life, safety,

health and morals, nor impairs

his normal development

b.

His parent or legal guardian

provides said child with

prescribed primary and/or

secondary education

2.

When childs employment orparticipation in public and

entertainment or information through

cinema, theatre, radio or television is

essential, provided that:

a.

Employment contract is

concluded by the childs parent

or guardian with the express

agreement of the child

b.

Ff. requirements in all instances

are strictly complied with:

i.

Employer shall ensureprotection, safety,

morals and normal

development of child

ii.

Employer shall institute

measures to prevent

the childs exploitation

or discrimination

In above-exceptional cases, the

employer shall first secure a work

permit from DOLE before engaging such

child

HOURS OF WORK OF WORKING CHILD

1.

Children below 15 yrs. Old not more

than 4 hours/ day but not more than 20

hours a week

2.

Children 15 yrs. Old but below 18 yrs.

Old.allowed to work not more than 8

hours/day but not more than 40 hours /

week.

NIGHT WORK PROHIBITION FOR CHILDREN

1.

Children below 15 years old cannot

work from 8:00PM6:00 AM

2.

Children 15 years old but below 18

years old cannot work from 10:00PM

to 6:00AM

PROHIBITON AGAINST WORST FORMS OF CHILD

LABOR

Worst forms of child labor shall refer to any of

the following:

(1) All forms of slavery, as defined under the "Anti-trafficking in

Persons Act of 2003", or practices similar to slavery such as saleand trafficking of children, debt bondage and serfdom and forced

or compulsory labor, including recruitment of children for use in

armed conflict; or

2) The use, procuring, offering or exposing of a child for

prostitution, for the production of pornography or for

pornographic performances; or

(3) The use, procuring or offering of a child for illegal or illicit

activities, including the production and trafficking of dangerous

drugs and volatile substances prohibited under existing laws; or

(4) Work which, by its nature or the circumstances in which it is

carried out, is hazardous or likely to be harmful to the health,

safety or morals of children, such that it:

a) Debases, degrades or demeans the intrinsic worth

and dignity of a child as a human being; or

b) Exposes the child to physical, emotional or sexual

abuse, or is found to be highly stressful psychologically

or may prejudice morals; or

c) Is performed underground, underwater or at

dangerous heights; or

d) Involves the use of dangerous machinery,

equipment and tools such as power-driven or explosive

power-actuated tools; or

e) Exposes the child to physical danger such as, but not

limited to the dangerous feats of balancing, physical

strength or contortion, or which requires the manual

transport of heavy loads; or

f) Is performed in an unhealthy environment exposing

the child to hazardous working conditions, elements,

substances, co-agents or processes involving ionizing,

radiation, fire, flammable substances, noxious

components and the like, or to extreme temperatures,

noise levels, or vibrations; or


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ATTY. UNGOS

mere domestic work but were essential and important to

the operation and religious functions of the temple.

ART. 142: CONTRACT OF DOMESTIC SERVICE

Original contract of domestic service

shall not last for more than 2 years but

may be renewed for such periods asmay be agreed upon by the parties.

NON-COMPLIANCE OF STIPULATED PERIOD If

house helper fails to comply without justifiable

reason, he shall forfeit any unpaid salary due

him not exceeding 15 days. If employer fails to

comply with stipulated period without

justifiable reason, shall pay house helper an

indemnity equivalent to 15 days pay.

ART.143: MINIMUM WAGE

1.

800 Pesos / Month house helpers in

Manila, Quezon, Pasay, Caloocan,

Makati, Mandaluyong, Paranaque,

Muntinlupa, Navotas, Malabon,

Paranaque, Las Pinas ,Pasig, Marikina in

METRO MANILA AND IN HIGHLY

URBANIZED CITIES.

2.

650 Pesos / Month Other chartered

cities and first class municipalities

3.

550 Pesos / Month Other

municipalities

PROVIDED! Employers shall review employment

contracts of house helpers every 3 YEARS with

the end of improving terms and conditions

thereof.

PROVIDED FURTHER! House helpers who are

receiving at least 1000 Pesos shall be covered

by SSS.

Principle: House hold service shall

always be reasonably compensated Such compensation shall be IN

ADDITION to the house helpers

lodging, food, and medical attendance.

SACNTIONS FOR VIOLATION Imprisonment of

not more than 3 months or fine not more than

2000 PESOS or both

TIME AND MANNER OF PAYMENT

Paid directly to the house helper at

least once a month. No deduction shall

be made, unless authorized by law or by

house helper himself.

EQUIVALENT DAILY RATE

By multiplying the applicable minimum

monthly rate by 12 months divided by

365 days

PIECE OR OUTPUT RATES

The piece or output rates shall be such

as will assure the house helper of the

minimum monthly or equivalent daily

rate.

ART. 144: MINIMUM CASH WAGE

Minimum wage rates prescribed under

this chapter shall be the basic cash

wages which shall be paid IN ADDITION

to lodging, food, and medical

attendance.

Lodging, food, and medical attendance

provided for free by the employer

ART. 145: ASSIGNMENT TO NON-HOUSEHOLD

WORK No house holder shall be assigned to

work in a commercial, industrial, or

agricultural enterprise at a wage or

salary rate lower than that provided for

agricultural or non-agricultural worker

as prescribed therein.

Prohibited is not the assignment to

non-household work but payment of

wage lower than those prescribed for

non-household work, in case the house

helper is assigned to do such job.

ART.146: OPPORTUNITY FOR EDUCATION

If house helper under age of 18 years,

employer shall give him or her

opportunity for at least elementary

education. The cost of such education

shall be part of the house helpers


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ATTY. UNGOS

compensation, unless there is

stipulation to the contrary.

ART. 147: TREATMENT OF HOUSEHELPERS

Treat house helper in a just and

humane manner. In no case shall

physical violence be used upon the

house helper

WORKING HOURS

Shall not be required to work MORE

THAN 10 HOURS A DAY. Every house

help shall be allowed 4 DAYS vacation

each month with pay.

ART.148: BOARD, LODGING AND MEDICAL

ATTENDANCE Employer shall furnish free of charge

SCOPE OF MEDICAL ATTENDANCE Limited to

medical treatment for ailments contracted by

the house helper while in the service of the

employer. Hospitalization not included.

HOUSE HELPER CLOTHES Subject to

stipulation. Any contract for household service

shall be void if thereby the house helper cannot

afford to acquire suitable clothing.

FUNERAL EXPENSE Employer shall bear the

funeral expenses commensurate to the

standard of life of the deceased.

DISPOSITION OF THE HOUSE HELPERS BODY

Unless so desired by the house helper or by his

or her guardian with court approval, the

transfer or use of the body of the deceased

house helper for purposes other than burial is

prohibited

ART. 149: INDEMNITY FOR UNJUST

TERMINATION

If the period of household service is

fixed, neither employer/employee may

terminate the contract before

expiration of the term, except for just

cause.

If house helper unjustly dismissedshall

be paid the compensation already

earned plus that for 15 days by way of

indemnity

IF house helper leaves without

justifiable reason he shall forfeit any

unpaid salary due him not exceeding 15

days.

ART. 150: SERVICE OF TERMINATION NOTICE

If duration of household service is not

determined either in stipulation or by

nature of the service, the employer or

the house helper may give notice to put

an end to the relationship 5 DAYS

before the intended termination of the

service

ART. 151: EMPLOYMENT CERTIFICATION

Upon severance of the house hold

service relation the employer shall give

the house helper a written statement of

the nature and duration of the service

and his or her efficiency and conduct as

house helper

ART. 152: EMPLOYMENT RECORDS

The employer may keep such records as

he may deem necessary to reflect theactual terms and conditions of

employment of his house helper, which

the latter shall authenticate by

signature or thumb mark upon request

of employee for greater efficacy.

CHAPTER 4

EMPLOYMENT OF HOME WORKERS

ART. 153: REGULATION OF INDUSTRIAL

HOMEWORKERS

Employment of industrial homeworkers

and field personnel shall be regulated

by the Government through

appropriate regulations issued by

Secretary of Labor to ensure general

welfare and protection of homeworkers

and field personnel and industries

employing them.


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ATTY. UNGOS

INDUSTRIAL HOMEWORK System of

production under which work for an employer

or contractor is carried out by a homeworker at

his home. Materials may or may not be

furnished by the employer or contractor. There

is ordinarily very little supervision or regulation

for methods of work.

LIMITATION

Homework is not allowed in the manufacture or

processing of:

a.

Explosives, fireworks and similar articles

b.

Drugs and poisons

c.

Other articles, the processing of which

requires exposure to toxic substances.

RIGHT OF HOMEWORKERS TO SELF-

ORGANIZATION Homeworkers have right to form, assist

or join organization of their own

choosing in accordance with law. Has

right to bargain collectively, to own

property, to sue and be sued.

PAYMENT OF HOMEWORKERS

Upon receipt of the finished goods or

articles, employer shall pay the

homeworker or the contractor or sub-

contractor, for the work performed lesscorresponding homeworkers share of

SSS, Medicare, and ECC premium

contribution which shall be remitted by

the contractor/ sub-contractor to the

SSS with the employers share.

CONDITIONS FOR PAYMENT OF WORK

a.

Employer may require homeworker to

redo work improperly executed without

having to pay stipulated rate again.

b.

Employer, contractor, sub-contractor

need not pay the home worker for any

work done which have been returned

for reasons attributable to the fault of

the homeworker.

STANDARD RATESEstablished by Sec. of Labor

or authorized representatives

The standard output rates or piece rates shall

be determined through any of the following

procedures:

a.

Time and motion studies

b.

An individual / collective agreement

between the employer and its workers

as approved by the Secretary or his

authorized representative

c.

Consultation with representative of

employers and workers organizations in

a tripartite conference called by the

secretary

Time and motion studies shall be

undertaken by the Regional Office

having jurisdiction over the location of

the premise/s used

The standard piece rate shall be issued

by the Regional Office within onemonth after a request has been made

at said office.

DEDUCTION

No employer, contractor, sub-

contractor shall make any deduction for

the value of materials which have been

lost, destroyed, soiled or otherwise

damaged unless the ff. are met:

a.

Homeworker is clearly shown to be

responsible for loss or damage;b.

Employee is given reasonable

opportunity to show cause why

deductions should not be made;

c.

Amount of such deduction is fair

and reasonable and shall not

exceed the actual loss or damage;

d.

Deduction is made at such rate not

exceed 20% of the homeworkers

earning in a week.

ENFORCEMENT POWER

Regional Director shall have the power

to order and administer compliance

with the provisions of the law

Complaints for violation of labor

standards involving money claims of

homeworkers in amount NOT MORE

THAN P5,000 per homeworkers shall be

heard and decided by Regional Director


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ATTY. UNGOS

Cases money claims due a homeworker

exceed P5,000 the same shall be

endorsed to the appropriate Regional

Arbitration Branch of NLRC.

ART.155: DISTRIBUTION OF HOMEWORK

For purposes of this Chapter, the "employer" 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 an

employee, agent contractor, sub-contractor or

any other person:

1.

Delivers, or causes to be delivered, any

goods, articles or materials to be

processed or fabricated in or about a

home and thereafter to be returned or

to be disposed of or distributed inaccordance with his directions; or

2.

Sells any goods, articles or materials to

be processed or fabricated in or about a

home and then rebuys them after such

processing or fabrication, either by

himself or through some other person.

Agents of Foreign Principals Considered

employers under this article

CONTRACTOR OR SUB-CONTRACTOR Any

person who, for the account or benefit of an

employer, delivers or causes to be delivered to

a homeworker goods or articles to be processed

in or about his home and thereafter to be

returned, disposed of or distributed in

accordance with the direction of the employer

Whenever employer contracts with

another for the performance of the

employers work, the employer is duty

bound to provide in the contract that

the employees or homeworkers of

contractors shall be paid in accordance

with law. If the contractor or sub-

contractor fails to pay wages or

earnings of his employees the employer

shall be jointly and severally liable to

the extent of the work performed

under the contract

The employer, contractor, sub-

contractor shall also assist the

homeworkers in the maintenance of

basic and healthful working conditions

at the homeworkers place of work.

BOOK FOUR

HEALTH, SAFETY AND SOCIAL WELFARE

BENEFITS

TITLE 1

MEDICAL, DENTAL AND OCCUPATIONAL

SAFETY

CHAPTER 1

MEDICAL AND DENTAL SERVICES

ART.156: FIRST AID TREATMENT

Every employer shall keep in his

establishment such first aid medicines

and equipment as the nature and

conditions of work may require

Employer shall take steps for the

training of a sufficient number of

employees in first-aid treatment.

FIRST-AID TREATMENT Adequate, immediateand necessary medical and dental attention or

remedy given in case of injury or sudden illness

suffered by a worker during employment,

irrespective of WON such injury or illness is

work-connected, before more extensive

medical and/or dental treatment can be

secured.

**Does not include treatment or follow-up

treatment for any injury or illness.

SCOPE OF LAW

Obligation to keep first aid medicines

applies to all employers, regardless of

the number of employees they employ

List of medicines may be obtained from

Bureau of Working Conditions of the

DOLE


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ATTY. UNGOS

ART.157: EMERGENCY AND MEDICAL AND

DENTAL SERVICES

THE REQUIRED MEDICAL AND DENTAL SERVICES

The kind of medical and dental services and

facilities depends upon the number of

employees and the nature of the workplace.

1.

10 TO 50 WORKERS

Graduate first aider

2.

51 TO 200 WORKERS

FULL-TIME REGISTERED NURSE

** A full-time first aider will suffice

if the workplace is non-hazardous

and a nurse is not available**

3.

201 TO 300 WORKERS

Full-time registered nurse

Part-time physician Part-time dentist

Emergency clinic

** An emergency clinic shall be

provided regardless of the nature of

the undertaking**

OVER 300 WORKERS:

a.

HAZARDOUS WORKPLACE


Full-time physician

Full-time dentist

Dental Clinic

Infirmary or emergency hospital

with 1 bed capacity for every

100 workers

b.

NON-HAZARDOUS WORKPLACE


Part time physician

Part-time dentist

** In all workplace where there are MORE

THAN 1 WORKSHIFT IN A DAY, employer shall,

in addition to aforesaid requirements, provide

the services of a FULL-TIME FIRST-AIDER for

each work shift **

CONCEPT OF PART-TIME SERVICE

Contemplates at least 2 HOURS stay in

the premises in a day

If establishment has more than 1

workshift a day, 2-HOUR STAY BE

DEVOTED TO WORKSHIFT THAT HAS

BIGGEST NUMBER OF WORKERS,

subject, however, to call at any time

during the other workshifts in case of

emergency.

CONCEPT OF FULL-TIME SERVICE

At least 8 HOURS STAY in the premises

in a day.

If more than 1 workshift a day, 8-HOUR

STAY BE DEVOTED TO WORKSHIFT THAT

HAS BIGGEST NUMBER OF WORKERS,

subject, however, to call at any time

during the other workshifts in case of

emergency.

THE FOLLOWING WORKPLACES ARE

CONSIDERED HAZARDOUS:

(a) Where the nature of the work

exposes the workers to dangerous

environmental elements,

contaminations or work conditions

including ionizing radiations, chemicals,

fire, flammable substances, noxious

components and the like.

(b) Where the workers are engaged inconstruction work, logging, fire-fighting,

mining, quarrying, blasting, stevedoring,

dock work, deep-sea fishing and

mechanized farming.

(c) Where the workers are engaged in

the manufacture or handling of

explosives and other pyrotechnic

products.

(d) Where the workers use or are

exposed to heavy or power-driven

machinery or equipment.

(e) Where the workers use or are

exposed to power-driven tools.

ART. 158: WHEN EMERGENCY HOSPITAL NOT

REQUIRED


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ATTY. UNGOS

AN EMPLOYER NEED NOT PUT UP AN

EMERGENCY HOSPITAL OR DENTAL CLINIC IN

THE WORKPLACE IF:

a.

There is hospital or dental clinic located

not more than 5 KILOMETERS away

from workplace in an URBAN AREA

OR

Can be reached by motor vehicle in 25

MINUTES TRAVEL if situated in RURAL

AREA

b.

Employer has facilities readily available

for transporting a worker to the

hospital or clinic in case of emergency

c.

Employer has a written contract with

the hospital or dental clinic for the use

thereof in the treatment of workers in

case of emergency** This however, does not relieve an employer

from maintaining an emergency treatment

room.

ART.159: HEALTH PROGRAM

The physician engaged by an employer

shall, in addition to his duties under this

chapter, develop and implement

comprehensive occupational health

program for the benefit of the

employees of his employer

OBJECTIVES OF AN OCCUPATIONAL HEALTH

PROGRAM

a. To assess the workers physical,

emotional and psychological assets to

facilitate his proper placement and

ensure suitability according to their

physical capacities

b.

To protect employees against health

hazards. To prevent occupational as

well as non-occupational diseases

c.

Provide for first aid, emergency services

and treatment

d.

Assure adequate medical care of ill and

injured workers

e.

Encourage personal health

maintenance and physical fitness and

proper nutrition practices

f.

Provide guidance, information and

service for family planning programs

THE HEALTH PROGRAM SHALL INCLUDE THE

FOLLOWING ACTIVITIES

a.

Maintenance of a healthful work

environment

b.

Health examinations specifically:

entrance examination, periodic, special,

transfer, separation examination

c.

Diagnosis and treatment of all injuries

d.

Immunization programs

e.

Keeping accurate and complete medical

records

f.

Health education and counselling for

habits of cleanliness, orderliness, safe

work practices, use and maintenance of

available personal protective clothingand devices

g.

Nutrition program

DUTIES OF COMPANY PHYSICIAN

a.

Pre-employment medical examination

free of charge for proper selection and

placement of workers

b.

Annual physical examination for

workers

c.

Collaborate closely with the safety and

technical personnel of theestablishment to assure selection and

placement of workers

d.

Develop and implement a

comprehensive occupational health and

safety program

e.

Conduct studies on occupational health

f.

Prevent diseases or injury in the

workplace

g.

Conserve the health of the workers

through physical examinations, proper

advice for placement and health

education

h.

Provide medical and surgical care to

restore health and earning capacity of

injured workers

i.

Maintain and analyse records of all

medical cases

j.

Continually monitor the work

environment for health hazards


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ATTY. UNGOS

k.

Act as adviser to management and

labor on health matters

l.

Report directly to top management

DUTIES OF THE COMPANY NURSE

a.

Organize and administer a health

service program

b.

Provide nursing care

c.

Participate in health maintenance

examinations

d.

Participate in the maintenance of

occupational safety and health by giving

suggestions

e.

Maintain a reporting and records

system

DUTIES OF THE COMPANY DENTIST

In accordance with the standardsprescribed by the Bureau of Dental

Health Services of the DOH

DUTIES OF THE COMPANY FIRST AIDER

Give immediate temporary treatment

before the services of a physician

become available. If the case needs a

physician, the first aider shall

immediately call or refer the injured to

one.

DUTIES OF EMPLOYER

Establish in his workplace, occupational

health services to provide a healthful

place of work.

Adopt a comprehensive occupational

health program for his employees

Enter into a contract with hospitals or

dental clinics, if this is not available in

workplace

Maintain a health record of his program

PHYSICAL EXAMINATION All workers

irrespective of age and sex shall undergo a

complete and thorough physical examination,

FREE OF CHARGE:

a.

Before entering employment for the 1st

time;

b.

Periodically as may be necessary on

account of the conditions or risk

involved in the work;

c.

When transferred or separated from

employment;

d.

Injured or ill.

Purpose is to determine the physical

condition of the prospective employee

at the time of hiring and to prevent the

placement of a worker or a job where,

through some physical or mental

defects, he may be dangerous to his

fellow workers or to property.

Periodic annual medical examinations

are conducted in order to follow-up

previous findings, to allow early

detection of occupational and non-occupational diseases, and to

determine the effect of exposure to

health hazards.

Special examinations may be required if

there is undue exposure to health

hazards, such as lead, mercury,

hydrogen sulphide, sulphur dioxide,

nitroglycerin, nitroglycol, and other

similar substances.

If worker returns to work, a return to

work examination shall be conducted todetect if worker still contagious and to

determine if the worker is fit to return

to work.

Workers hired for a specific job shall

not be transferred to another work until

they have been examined by the

physician and certified that the transfer

is medically advisable.

Employers are obliged to maintain a

record of all medical examinations,

treatments and medical activities

undertaken.

ART. 160: QUALIFICATIONS OF HEALTH

PERSONNEL

The physicians, dentists and nurses employed

by employers pursuant to this Chapter shall

have the necessary training in industrial

medicine and occupational safety and health.


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QUALIFICATIONS OF FIRST AIDERS

Able to read and write

Have completed a course in first aid

Duly certified by the Philippine National

Red Cross or by any other organizations

accredited.

QUALIFICATIONS OF NURSE

Must have passed the examinations given

by the Board of examiners

Licensed to practice nursing in the

Philippines

Preferably, with at least 50 hours of training

in occupational nursing

QUALIFICATIONS OF PHYSICIAN

Passed the examinations

Licensed to practice medicine in the

Philippines

A graduate of a training course in

occupational medicine

QUALIFICATIONS OF DENTIST

Passed the examination

Licensed to practice dentistry in the

Philippines

Completed a training course in Dental

services

Where a number or workers in a hazardous

workplace exceeds 2000, a higher degree of

qualifications, such as diploma or master on

Occupational Health or Industrial Health or its

equivalent shall be required

ART.161: ASSISTANCE OF EMPLOYER

It shall be the duty of any employer to provide

all the necessary assistance to ensure adequate

and immediate medical and dental attendance

and treatment to an injured or sick employee in

case of emergency.

CHAPTER 2

OCCUPATIONAL HEALTH AND SAFETY

ART. 162: Secretary of Labor shall, by

appropriate orders, set and enforce mandatory

occupational safety and health standards to

eliminate or reduce occupational safety and

health standards in all workplaces and institute

new, and update existing, programs to ensure

safety and healthful working conditions in all

places of employment.

Purpose: to protect every workingman against

the dangers of injury, sickness or death through

safe and healthful working conditions assuring

the conservation of valuable manpower and the

prevention of loss or damage to lives and

properties, commitment for the total

development of every worker as a complete

human being.

Coverage: Occupational safety and health

standards set by the DOLE covers all

establishments, workplaces, and other

undertakings, including agricultural enterprises,

whether for profit or not except to:

a.

Engaged in land, sea and airtransportation, except their garages,

dry-docks, hangars, maintenance and

repair shops and offices

b.

Residential places exclusively devoted

to dwelling purposes

c.

Activities of a lessee regarding safety of

mining installations

DUTY OF EMPLOYERS TO OBSERVE SAFETY AND

HEALTH STANDARDS

a.

Keep and maintain his workplace freefrom work hazards that are causing or

likely to cause physical harm to the

workers of damage to property

b.

Give complete job safety instructions to

all his workers and hazards to which the

workers are exposed to and the steps to

be taken in case of emergency

c.

Provide only approved devices and

equipment in his workplace

DUTY OF EMPLOYEES

a.

Cooperate in carrying out occupational

safety and health standards

b.

Report to their supervisor any work

hazard they may discover in their

workplace

c.

Make proper use of all safeguards and

safety devices furnished to them by

their employer


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SUSPENSION OF RULES

Any part of the Occupational Safety and

Health Standards may be temporarily

suspended by the Secretary of Labor

and Employment upon application by

an employer for the following reasons:

a.

Unavailability of professional or

technical personnel or materials and

equipment needed to comply with the

rule

b.

Necessary construction or alteration of

the prescribed facilities cannot be

completed on the effectivity date of the

rule;

c.

If the employer is participating in

experiments or studies approved or

conducted by the Bureau of WorkingConditions designed to demonstrate

new techniques to safeguard the safety

and health of workers.

The suspension order shall not be in effect

longer than the period needed by the employer

to come into compliance with the rule, or one

year, whichever is shorter, renewable for

another year, subject to revocation or

shortening by the Sec. of Labor and

Employment, if such is warranted.

VARIATION ORDER

If there is practical difficulty or

unnecessary hardship in complying with

the requirements, the Sec. of Labor

upon recommendation of the Regional

Director, may issue an order allowing a

variation in complying with such

requirements

A variation order shall stipulate the

conditions under which the variation is

permitted and shall be applicable and

effective only to the particular

employer and operations covered by

the order.

SAFETY COMMITTEE

All establishments are required to have

a Security Committee which should be

organized within 1 month from the date

of the business starts operating and

should reorganize every January of each

year.

DUTIES OF THE SAFETY COMMITTEE(1) Plans and develops accident prevention programs

for the establishment.

(2) Directs the accident prevention efforts of the

establishment in accordance with the safety

programs safety performance and government

regulations in order to prevent accidents

from occurring in the workplace.

(3) Conducts safety meetings at least once a month.

(4) Reviews reports of inspection, accident

investigations and implementation of program.

(5) Submits reports to the manager on its meetings

and activities.

(6) Provides necessary assistance to governmentinspecting authorities in the proper conduct

of their activities such as the enforcement of the

provisions of this Standards.

(7) Initiates and supervises safety training for

employees.

(8) Develops and maintains a disaster contingency

plan and organizes such emergency service

units as may be necessary to handle disaster

situations pursuant to the emergency

preparedness manual for establishments of the Office

of Civil Defense.

TYPES OF COMMITTEES

TYPE A This is the type of safety

committee in workplaces with a total

workforce of over 400 workers.

TYPE BWith total workforce of 201 to

400 workers

TYPE C100-200 workers

TYPE E (Joint Committee) This is an

organization of the safety committeesof different establishments housed

under one building

OTHER TYPES OF SAFETY ORGANIZATION

LINE TYPE Form of organization wherein the

general manager or head of the establishment


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directs the safety programs and assumes overall

responsibility for safety in the establishment.

He in turn delegates the application of safety

programs to plant personnel occupying line

positions.

STAFF TYPE - this is also known as the safety

engineer type. It is composed of a line

organization with specialized personnel

employed to advise and assist management in

all matters of safety. Said personnel are

responsible to the top executive exercising staff

functions. They serve all departments in an

advisory capacity and supervise the application

of the safety program in the workplace.

The employer may establish the line or staff

type of organization subject to the approval ofthe Secretary of Labor and Employment

TERM OF OFFICE

The chairman, physician or nurse and

the secretary shall be permanent

members of the Safety Committee.

The term of office of the department

head in the Safety committee shall be

for 1 year.

Types A and B safety Committees, term

of the worker members shall be 2 yearseach.

Types C, D and E safety committees, the

term of worker-members shall be 1

year

Type E, the term of office of the

chairman and the members shall be 1

year. Membership in the joint

committee shall be rotated among

members of the safety committees in

other establishments.

THE SAFETY MAN Principal function is to

acts as the employers principal assistant

and consultant in the application of the

programs to remove the hazards from the

workplace and to correct unsafe work

practices.

REPORT OF ACCIDENTS OR OCCUPATIONAL

ILLNESS

Shall be reported by the employer

to the Regional Labor Office or duly

authorized representative in

duplicate and a copy furnished the

employee or his duly authorized

representative using form

MOL/BLS/HSD-IP-6.

Investigation report shall be

submitted to the employer on or

before 20thday of the month ff. the

date of occurrence of the accident/

illness is established.

Formal report be submitted to the

Regional Labor Office or authorized

representative on or before the 30th

day of the same month. In case of temporary total disability

where the injured or ill employee

has not reported back to duty on

the closing date of reporting, an

estimate of the probable days of

disability shall be made and entered

in the report and corrected after

the return of the injured.

Where the accident or illness

results in death or permanent total

disability, the employer, in additionto the required written report, shall

initially notify the Regional Labor

Office or duly authorized

representative within 24 hours after

occurrence using fastest means of

communication.

All deaths and permanent total

disabilities shall be investigated by

the Regional Labor Office within 48

HOURS after receipt of the initial

report.

THE FOLLOWING ARE CONSIDERED AS

DANGEROUS OCCURRENCES:

a. Explosion of boilers used for heating or power.

b. Explosion of a receiver or storage container,

with pressure greater than atmospheric,

of any gas or gases (including air) or any liquid

resulting from the compression of


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such gases or liquid.

c. Bursting of a revolving wheel, grinder stone or

grinding wheel operated by

mechanical power.

d. Collapse of a crane, derrick, winch, hoist or

other appliances used in raising or

lowering persons or goods or any part thereof,

the overturning of a crane, exceptthe breakage of chain or rope sling.

e. Explosion or fire causing damage to the

structure of any room or place in which

persons are employed or to any machine

contained therein resulting in the complete

suspension of ordinary work in such room or

place, or stoppage of machinery or

plant for not less than twenty four (24) hours,

and

f. Electrical short circuit or failure of electrical

machinery, plant or apparatus, attended

by explosion or fire causing structural damage

thereto and involving its stoppage and misuse

for not less than 24 hours.

PURPOSE OF REPORTING REQUIREMENTSIt is

only for information purposes so that the

Regional Labor Office can have the necessary

data to be used in connection with the

performance of its accident and illness

prevention.

RECORDS TO BE KEPT BY THE EMPLOYER

The employer shall maintain and keep an

accident or illness record which shall be open at

all times for inspection to authorized personnel.

a.

Date of accident or illness

b.

Name of injured or ill employee, sex

and age

c.

Occupation of injured or ill employee at

the time of accident or illness

d.

Assigned causes of accident or illness

e.

Extent and nature of disability

f.

Period of disability

g.

Whether accident involved damage to

materials, equipment or machinery

h.

Record of initial notice and/or report tothe Regional Labor Office or authorized

representative.

REGISTRATION

Employers are required to register their

business with the Regional Labor office

or authorized representative having

jurisdiction thereof to form part of a

data-bank of all covered

establishments.

Establishment which is the smallest

economic activity under one single

location shall be one registrable unit

New establishments should register

within 30 days before operation

Free of charge and valid for the lifetime

of the establishment except when any

of the following conditions exists, which

case, re-registration, as if it were a new

establishment, is required:

a.

Change of business name

b.

Change in location

c.

Change in ownership

d.

Reopening after previous

closing

ARTICLE 163: RESEARCH

It shall be the responsibility of the Department

of Labor and Employment to conduct

continuing studies and research to develop

innovative methods, techniques and

approaches for dealing with occupational safety

and health problems; to discover latent

diseases by establishing causal connections

between diseases and work in environmental

conditions; and to develop medical criteriawhich will assure insofar as practicable that no

employee will suffer impairment or diminution

in health, functional capacity, or life expectancy

as a result of his work and working conditions.

ART. 164: TRAINING PROGRAMS

DOLE shall develop and implement training

programs to increase the number and

competence of personnel in the field of

occupational safety and industrial health.

TRAINING OF PERSONNEL IN SAFETY ANDHEALTH

Every employer shall take steps to train a

sufficient number of his supervisors or technical

personnel in occupational safety and health. An

employer may observe the following:


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IN NON-HAZARDOUS ESTABLISHMENT OR

WORKPLACE

500-400 workers per shift at least 1 of the

supervisors or technical personnel shall be

trained in occupational health and safety and

shall be assigned as part-time safety man

Over 400 workers per shift at least 2 of its

supervisors shall be trained and a full-time

safety man shall be provided.

IN HAZARDOUS ESTABLISHMENT OR

WORKPLACE

20 to 200 workers per shift at least 1 of its


trained and one of them shall work as part-timesafety man.

Over 200 workers per shift at least 2 of its


trained and of them shall be appointed full-time

safety man and secretary of the safety

committee

The employment of a full-time safety

man may not be required if the

employer enters into a written contractwith a qualified consulting organization

which shall develop and carry out his

safety and health activities.

ART. 165: ADMINISTRATION OF SAFETY AND

HEALTH LAWS

THE ENFORCEMENT OF SAFETY AND HEALTH

LAWS

The DOLE is solely responsible for the

administration and enforcement of

occupational safety and health laws in

all workplace

Chartered cities may be authorized by

the Sec. of Labor to enforce it.

TYPES OF INSPECTION

Technical Safety Inspection this refers to

inspection for the purpose of safety

determination of boilers, pressure vessels,

internal combustion engines, electrical

installations, elevators, hoisting equipment and

other mechanical equipment.

General Safety Inspection Inspection of work

environment, including location and operation

of machinery other than those covered by

technical safety inspection, adequacy of work

space, ventilation, lighting, conditions of work

environment, handling etc..

FREQUENCY INSPECTION

Every establishment or place of employment

shall be inspected at least once a year. Special

inspection may be authorized by the RegionalLabor office:

a.

To investigate accidents,

occupational illness

b.

Conduct surveys of working

conditions

c.

Conduct investigation,

inspections or follow-up

inspections upon request of

employer.

d.

UNGOS NOTES - FINALS LABOR STANDARDS

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Transcript of UNGOS NOTES - FINALS LABOR STANDARDS