labor review report -.docx

8/17/2019 LABOR REVIEW REPORT -.docx

1/15

Labor Standards

COVERAGE

General rule: Shall apply to employees in all establishments and undertakingswhether for prot or not!

E"#eptions:

$%& Go'ernment employees (Art! )*+ Art! ,-.

$*& /anagerial Employees in#luding members of the

managerial sta0 (Art! )*.

$1& 2ield 3ersonnel (Art! )*.

$4& /embers of the family of the employer who are

dependent on him for support (Art! )*.+

$5& 6omesti# helpers and persons in personal ser'i#e of

another (Art! %4%.

$-& 7orkers who paid by result as determined by 6OLE

regulation (Art! )*.

GOVER8/E89 E/3LOEES

9he terms and #onditions of employment of all go'ernment employees; in#ludingemployees of GOCCs; are go'erned by the Ci'il Ser'i#e rules and regulations; notby the Labor Code!


2/15

6E3E86E89 2A/=L /E/


3/15

$*& Attendan#e is in fa#t 'oluntary+ and

$1& 9he employee does not perform any produ#ti'e work

during su#h attendan#e!

/EAL


4/15

Any employee may be reIuired by the employer to perform o'ertime work in any ofthe following #ases:

$%& 7hen the #ountry is at war or when any other national or lo#al emergen#y hasbeen de#lared by the 8ational Assembly or the Chief E"e#uti'e+

$*& 7hen it is ne#essary to pre'ent loss of life or property or in #ase of imminentdanger to publi# safety due toan a#tual or impending emergen#y in the lo#ality#aused by serious a##idents; re; Mood; typhoon; earthIuake; epidemi#; or otherdisaster or #alamity+

$1& 7hen there is urgent work to be performed on ma#hines; installations; oreIuipment; in order to a'oid serious loss or damage to the employer or some other#ause of similar nature+

$4& 7hen the work is ne#essary to pre'ent loss or damage to perishable goods+ and

$5& 7here the #ompletion or #ontinuation of the work started before the eighth houris ne#essary to pre'ent serious obstru#tion or pre@udi#e to the business or

operations of the employer! (Art! ); LC.

Undertime work on any particular day shall not be ofset by overtime work on any other day. 3ermission gi'en to the employee to go on lea'e on some otherday of the week shall not e"empt the employer from paying the additional#ompensation reIuired

8=GB9 7ORD; 8=GB9 SB=29 6=22ERE89=AL

N8ight worker means any employed person whose work reIuires performan#e of asubstantial number of hours of night work whi#h e"#eed a spe#ied limit! 9his limitshall be "ed by the Se# of Labor after #onsulting the workers representati'eslabororganiations and employers!

8ight shift di0erential

9he additional #ompensation of %HJ of an employees regular wage for ea#h hour ofwork performed between %Hpm and -am!

3AR9?9=/E 7ORD

A single; regular or 'oluntary form of employment with hours of work substantiallyshorter than those #onsidered as normal in the establishment! 9his e"#ludes thoseforms of employment whi#h; although referred to as part?time work; are inparti#ular; irregular; temporary or intermittent employment; or in #ases where hoursof work ha'e been temporarily redu#ed for e#onomi#; te#hni#al or stru#turalreasons!9he wage and benets of part?time worker are in proportion to the numberof hours worked!

CO89RAC9 2OR 3=ECE O2 7ORD

A #ontra#t for the deli'ery at a #ertain pri#e of an arti#le whi#h the 'endor in theordinary #ourse of his business manufa#tures or pro#ures for the general market;whether the same is on hand at the time or not; is a #ontra#t of sale; but if thegoods are to be manufa#tured spe#ially for the #ustomer and upon his spe#ial order;and not for the general market; it is a #ontra#t for a pie#e of work!


5/15

7AGES

$%& =t is the remuneration or earnings; howe'er designated; #apable of beinge"pressed in terms of money;

$*& whether "ed or as#ertained on a time; task; pie#e; or #ommission basis; or

other method of #al#ulating the same;

$1& whi#h is payable by an employer to an employee

$4& under a written or unwritten #ontra#t of employment for work done or to bedone; or for ser'i#es rendered or to be rendered and

$5& in#ludes the fair and reasonable 'alue; as determined by the Se#retary of Laborand Employment; of board; lodging; or other fa#ilities #ustomarily furnished by theemployer to the employee

$-& 2air and reasonable 'alue ? shall not in#lude any prot to the employer; or to anyperson a>liated with the employer! (Art! ,$f&.

F8o work no pay prin#iple

General Rule: a fair days wage for a fair days labor or no work no pay

E"#eption: when the laborer was able; willing and ready to work but was illegallylo#ked out; suspended or dismissed; or otherwise illegally pre'ented from working!

FEIual 7ork for EIual 3ay 3rin#iple

Employees working in the 3hilippines; if they are performing similar fun#tions and

responsibilities under similar working #onditions should be paid eIually! =f anemployer a##ords employees the same position and rank; the presumption is thatthese employees perform eIual work!

7AGE VS! SALAR

7ages and salary are in essen#e synonymous!

7age

3aid for skilled or unskilled manual labor! 8ot sub@e#t to e"e#ution; garnishment oratta#hment e"#ept for debts related to 8e#essities!

Salary?3aid to white #ollar workers and denote a higher grade of employment! 8ote"empt from e"e#ution; garnishment or atta#hment

CO//=SS=O8S

Commissions ha'e been dened as the re#ompense; #ompensation or reward of anagent; salesman; e"e#utor; trustee; re#ei'er; fa#tor; broker or bailee; when thesame is #al#ulated as a per#entage on the amount of his transa#tions or on theprot to the prin#ipal!

2AC=L=9=ES V! S33LE/E89S

9he distin#tion between fa#ilities and supplement is rele'ant be#ause the former

are wage?dedu#tible while the latter is not! Simply put; a wage in#ludes fa#ilities!

7AGE 6=S9OR9=O8REC9=2=CA9=O8

A situation where an in#rease in pres#ribed wage rates results in the elimination orse'ere #ontra#tion of intentional Iuantitati'e di0eren#es in wage or salary ratesbetween and among employee groups in an establishment as to e0e#ti'elyobliterate the distin#tions embodied in su#h wage stru#ture based on skills; length


6/15

of ser'i#e; or other logi#al bases of di0erentiation

4 Elements of wage distortion $ESES&

$%& E"isting hierar#hy of positions with #orresponding salary rates+

$*& A signi#ant #hange in the salary rate of a lower pay #lass without a#on#omitant in#rease in the salary rate of a higher one+

$1& 9he elimination of the distin#tion between the two le'els+ and

$4& 9he e"isten#e of the distortion in the same region of the #ountry!

Bow to Resol'e $8G& Organied Establishment (with bargaining representati'e.

$%& Employer and the union shall negotiate to #orre#t the distortions!

$*& 6isputes shall be resol'ed through the grie'an#e pro#edure!

$1& =f still unresol'ed; 'oluntary arbitration! Grie'an#e 3ro#edure (under the C


7/15

BOL=6A 3A3RE/=/ 3A

Boliday pay is a one?day pay gi'en by law to an employee e'en if he does not workon a regular holiday! 9his gift of a days pay is limited to ea#h of the %* regularholidays!

REGLAR BOL=6AS

3ro#lamation 8o! 45 signed by 3resident AIuino on %- August *H%*; pro'ides forthe obser'an#e of the regular holidays and spe#ial (non?working. days for the year*H%1 on the following dates:

Regular Bolidays

$%& 8ew years 6ay ? Kanuary % $9uesday&

$*& /aundy 9hursday P /ar#h *)

$1& Good 2riday P /ar#h *

$4& Araw ng Dagitingan P April $9uesday&

$5& Labor 6ay P /ay % $7ednesday&

$-& =ndependen#e 6ay P Kune %* $7ednesday&

$,& 8ational Beroes 6ay P August *- $Last /onday of

August&

$)&


8/15

7ork on any regular holiday; if it e"#eeds ) hourso'ertime *HHJ of regular dailywage $for the %st ) hours&Q 1HJ of hourly rate on said day

7ork on any regular holiday whi#h falls on the s#heduled rest day; not e"#eeding )hours *HHJ of regular daily wage Q 1HJ of su#h amount

7ork on any regular holiday whi#h falls on s#heduled rest day; if it e"#eeds )hourso'ertime?Regular holiday?on?rest day rate $*HHJ of regular daily wage plus1HJ of su#h amount& Q 1HJ of hourly rate on said day!

7ork on spe#ial holiday not e"#eeding ) hours? Regular daily wage Q 1HJ thereof

7ork on spe#ial holiday Regular daily wage Q 5HJ thereof

6ouble holiday pay

A##ording to F6OLE E"planatory


9/15

se#tors; regardless of their employment status $e!g! probationary; regular;#ontra#tual; pro@e#t basis&! 9he purpose of this benet is to allow the husband tolend support to his wife during her period of re#o'ery andor in nursing her newborn#hild!


10/15

employee who 'oluntarily resigns is not entitled to separation unless stipulated inthe employment #ontra#t; or the #olle#ti'e bargaining agreement; or is san#tionedby established pra#ti#e or poli#y of the employer

A/O89

One?Balf $%*& /onth 3ay per ear of Ser'i#e An EE is entitled to re#ei'e separationpay eIui'alent to T month pay for e'ery year of ser'i#e; a fra#tion of at least si" $-&months being #onsidered as one whole year; if hisher separation from the ser'i#e isdue to any of the following authoried #auses:

$%& Retren#hment to pre'ent losses (i!e! redu#tion of personnel e0e#ted bymanagement to pre'ent losses.+

$*& Closure or #essation of operation of an establishment not due to serious lossesor nan#ial re'erses+ and;

$1& 7hen the EE is su0ering from a disease not #urable within a period of si" $-&months and hisher #ontinued employment is pre@udi#ial to hisher health or to the

health of hisher #o?employees

=n no #ase will an EE get less than one $%& month separation pay if the separation isdue to the abo'e stated #auses and heshe has ser'ed for at least si" $-& months!

RE9=RE/E89 3A

RA ,-4% is undoubtedly a so#ial legislation! 9he law has been ena#ted as a laborprote#tion measure and as a #urati'e statute that absent a retirement plan de'isedby; an agreement with; or a 'oluntary grant from; an employer #an respond; in partat least; to the nan#ial well?being of workers during their twilight years soonfollowing their life of labor! 9here should be little doubt about the fa#t that the law#an apply to labor #ontra#ts still e"isting at the time the statute has taken e0e#t;and that its benets #an be re#koned not only from the date of the lawUs ena#tmentbut retroa#ti'ely to the time said employment #ontra#ts ha'e started!

7O/E8 7ORDERS

3ROV=S=O8S AGA=8S9 6=SCR=/=8A9=O8

=t shall be unlawful for any employer to dis#riminate against any woman employeewith respe#t to terms and #onditions of employment solely on a##ount of her se"!

9he following are a#ts of dis#rimination:

$%& 3ayment of a lesser #ompensation; in#luding wage; salary or other form ofremuneration and fringe benets; to a female employees as against a maleemployee; for work of eIual 'alue+ and

$*& 2a'oring a male employee o'er a female employee with respe#t to promotion;training opportunities; study and s#holarship grants solely on a##ount of their se"es!(Art! %15 LC.

S9=3LA9=O8 AGA=8S9 /ARR=AGE

=t shall be unlawful for an employer to reIuire as a #ondition of employment or#ontinuation of employment that a woman employee shall not get married; or to


11/15

stipulate e"pressly or ta#itly that upon getting married a woman employee shall bedeemed resigned or separated or to a#tually dismiss; dis#harge; dis#riminate orotherwise pre@udi#e a woman employee merely by reason of her marriage!

3ROB=


12/15

3ersons who may be liable

$%& Any employer; employee; manager; super'isor; agent of the employer; tea#her;instru#tor; professor; #oa#h; trainer or any other person; regardless of whether thedemand; reIuest for reIuirement for submission is a##epted by the ob@e#t of saida#t ha'ing authority; inMuen#e or moral as#endan#y o'er another in a work or

training or edu#ation en'ironment; who demands; reIuests or otherwise reIuiresany se"ual fa'or from another;

$*& Any person who dire#ts or indu#es another to #ommit any a#t of se"ualharassment as herein dened! OR

$1& Any person who #ooperates in the #ommission by another without whi#h it would8O9 ha'e been #ommitted; shall also be held liable under this A#t

Role of the employer or Bead of O>#e

9he Employer or Bead of O>#e shall ha'e the duty:

$%& to pre'ent the #ommission of su#h a#ts and

$*& to lay down the pro#edure for the resolution; settlement or prose#ution of#ommitted a#ts!

Be shall be solidarily liable for damages:

$%& if he is informed of su#h a#ts by the o0ended party and

$*& no immediate a#tion is taken thereon

/=8OR 7ORDERS (RA ,-%H; RA *1%.

General Rule: Children below %5 shall 8O9 be employed

E"#eptions

$%& Child works dire#tly under the sole responsibility of his parents or legal guardianand where only members of the ERs family are employed; pro'ided:

$*& his employment does 8O9 endanger his life; safety; health and morals;

$1& nor impairs his normal de'elopment; and

$a& the parent or legal guardian shall pro'ide the said minor #hild with thepres#ribed primary andor se#ondary edu#ation+

$4& #hilds employment or parti#ipation in publi# entertainment or informationthrough #inema; theater; radio or tele'ision is essential; pro'ided that:

$a& employment does 8O9 in'ol'e ads or #ommer#ials promoting al#ohol; toba##oand its by?produ#ts or

'iolen#e

$b& the employment #ontra#t is #on#luded by the #hilds parents or guardian; andappro'ed by 6OLE

$#& 9he ER shall ensure the prote#tion; health; safety and morals of the #hild!

$d& 9he ER shall institute measures to pre'ent the #hilds e"ploitation ordis#rimination taking into a##ount the system and le'el of remuneration; and the


13/15

duration and arrangement of working time

$e& 9he ER shall formulate and implement; sub@e#t to the appro'al and super'isionof #ompetent authorities; a #ontinuing program for training and skills a#Iuisition ofthe #hild! (Se#! %* of RA ,-%H as amended by RA ,-5).

E/3LO/E89 O2 CB=L6RE8 2RO/ %5 9O %) ? allowed but restri#ted to non?haardous undertakings!


14/15

=n #ase of death of the house helper:

$%& 9he head of the family shall bear the funeral e"penses

$*& =f the house helper has no relati'es in the pla#e where the head of the familyli'es; with su>#ient means!

E/3LO/E89 O2 BO/E7ORDERS

Bomeworker applies to any person who performs industrial homework for anemployer; #ontra#tor; or sub?#ontra#tor!

BA86=CA33E6 7ORDERS OR 6=22ERE89L A


15/15

3rohibition ? R=6=CLE

8o indi'idual; group or #ommunity shall e"e#ute any of these a#ts of ridi#ule againstpersons with disability in any time and pla#e whi#h #ould intimidate or result in lossof self?esteem of the latter!

3rohibition ? V=L=2=CA9=O8

Any indi'idual; group or #ommunity is hereby prohibited from 'ilifying any personwith disability whi#h #ould result into loss of self?esteem of the latter!

=8CE89=VES 2OR E/3LOERS

9a" in#enti'es for employment of disabled persons

3ri'ate entities that employ disabled persons who meet the reIuired skills orIuali#ations; either as regular employee; apprenti#e or learner; shall be entitled toan additional dedu#tion; from their gross in#ome; eIui'alent to *5J of the totalamount paid as salaries and wages to disabled persons: 3ro'ided; howe'er; 9hatsu#h entities present proof as #ertied by the 6epartment of Labor and Employmentand the 6epartment of Bealth as to his disability; skills; and Iuali#ations

RE3OR9E6

labor review report -.docx

Documents