Basic Rights of Workers1. To ORGANIZE2. To conduct CBA3. To engage in peaceful concerted activities (STRIKE)4. To PARTICIPATE in the policy & decision-making

processes affecting their Rs & benefits5. (Farmworkers): to own directly/collectively the

land they till

Management Rights1. to manage, CONTROL and use his property and

conduct business in a manner satisfactory to himself

2. to prescribe RULES3. to SELECT employees4. to TRANSFER/DISCHARGE employees to minimize

expenses and insure stability of business provided it is done in GF and to causes beyond control

CARPScope

1. All alienable & disposable lands of the public domain devoted to or suitable for agri;

2. All lands of pub domain in excess to the specific limits as determined by Congress;

3. All other lands owned by the Gov’t devoted to or suitable for agri;

4. All private lands devoted to or suitable for agri.

Exceptions1. Lands actually, directly & exclusively used for

parks, wildlife/forest reserves, reforestation, fish sanctuaries, watersheds, mangroves;

2. Private lands actually, directly & exclusively used for prawn farms and fishponds

3. Lands actually, directly & exclusively used by national defense, schools, experimental farms in schools.

Tenant-farmers may own: a. 5 hectares of non-irrigated land; orb. 3 hectares irrigated

Land owners may retain:1. 7 hectares at most2. 3 hectares to each child, provided

a. child is at least 15y/o, andb. he is actually tilling the land or directly

managing the farm

Lands not covered1. lands obtained through HOMESTEAD patent2. RESIDENTIAL subdivisions3. LIVESTOCK, poultry and swine-raising lands

Requisites of Tenancy relationship1. Parties are the landowner & the tenant2. Subject matter is agri land3. Consent bet the parties4. Purpose is agricultural production5. Sharing of harvests bet the parties

Recruitment & Placement of WorkersRecruitment & placement – any act of canvassing, engaging,

transporting, contracting, hiring, utilizing or procuring workers AND includes promising, advertising, referrals and contract services for ENT locally or abroad, whether for profit or not, provided that any person/entity w/c in any manner offers/promises for a fee ENT to 2/more persons shall be deemed engaged in recruitment & placement

Agencies ResponsibleBLE – Bureau of Local ENTPOEA – Ph Overseas ENT Admin

Who may conduct Private Recruitment1. Public ENT Entities;2. Private recruitment entities3. Private ENT agencies4. Shipping/maning agents/reps5. The POEA6. Construction contractors if authorized by dole7. Members of diplomatic corps, processed by POEA8. Other persons/entities as may be authorized by

DOLE

Grounds for Disciplinary Action of OFWs1. Felony 2. Drug addiction/possession/trafficking3. Abandonment4. Drunkenness5. Gambling6. Illegal strike7. Creating trouble at worksite8. Embezzlement of company funds9. Theft/robbery10. Prostitution11. Vandalism/destruction of company prop12. Gunrunning13. Unjust refusal to depart for the worksite14. Violation of the laws and sacred practices of the

host country

Permanent disability – inability of a worker to perform his job for more than 120 days

Ban on Direct HiringExceptions

1. Members of diplomatic corps;2. International orgs;3. Other ERs as may be allowed by DOLE

Mandatory Remittance of Foreign Exchange earningsSeaman – 80%Workers for Fil contractors/construction co – 70&Pros where ENT contract provides for lodging – 70%Pros w/ board & lodging – 50%Domestic workers – 50%Exceptions

1. In US Military installations2. Worker’s immediate family is residing w/ him

abroad;3. working w/ UN agencies

Disqualified from Recruitment1. Travel agencies2. Officers/members of a travel agency3. Corps when any of its officers/board members is

engaged in a business of a travel agency4. w/ derogatory records

Prohibited Practices1. Illegal exaction2. False information3. False statement4. Pirating5. Influencing not to employ6. Obstruct inspection7. Failure to comply w/ RR8. Alteration of contracts9. Officer/boardmember of travel agency10. Withholding docs

Illegal Recruitment as Economic Sabotage1. Committed by a SYNDICATE – when 3/more

persons conspire2. Committed in a LARGE SCALE – if committed

against 3/more persons

Alien Employment PermitScope

1. All foreigners seeking admission to PH for ENT;2. All non-resident foreigners already working in the

PH;3. Non-resident foreigner admitted to the PH on non-

working visa and who wish to seek ENT here; and4. Missionaries

Requirements1. Substantive & documentary reqmts2. DOLE determination that no available Fil who is

competent & willing to do the job3. DOLE assessment that EENT of foreigner will

redound to national benefitExemption from Permit

1. Members of Diplomatic service2. Officers/staff of International orgs3. Member of governing Board who do not occupy any

other position4. All foreigners granted exemption by law5. Owners/reps of foreigners whose cos are POEA

accredited6. Foreigners who come to the PH to teach, conduct

research studies

7. Resident Foreigner

Special Workers1. Apprentice - highly-skilled/technical; for 6

months; earns at least 75% of the MWQualifications

a. At least 14y/ob. w/ vocational aptitudec. ability to understand instructions

2. Learner – semi-skilled3. Handicapped

CONDITIONS OF ENTCoverage : ALL EESExceptions:

1. Gov’t EEs2. Managerial3. Field personnel (unsupervised)4. Family member of ER who is dependent on him for

support5. Domestic helpers, family drivers6. Persons in the service of another7. Piece-rate (unsupervised)

* A rank-and-file EE may be considered “managerial” due to the doctrine of necessary implication (nature of duties), if he has access to mgt information

4-Fold Test of Determining EE-ER Relshp1. Selection2. Discharge3. Wage4. Control5. (+) Economic Dependence Test

Hours Worked – ER bears burden of proof1. Hrs the EE is required to give to his ER2. If the work performed is necessary/benefited the

ER/EE could not abandon his work at the end of his normal working hrs;

3. Time during w/ EE is inactive by reason of interruptions in his work beyond his control

4. Controlled/required preliminary and postliminary ativities

5. Engaged waiting time6. Eating time during w/c EE is required to perform

his duties7. Sleeping time subj to serious interruption8. On call in the ER’s premises9. Emergency travel from home to work10. Travel that’s all in a day’s work11. Travel away from home that cuts across EE’s

workday12. Meeting/Training time inside EE’s working hrs,

required and requires perf of any productive work13. Semestral break for teachers in private schools14. Actual time of work for seamen

Shortened Meal Break upon EE’s Request Requisites1. Agreement in writing to waive OT pay2. No diminution in salary & benefits3. Work is not physically strenuous4. Value of benefits is equal to the compensation due5. OT pay will become due after 8 hrs of work6. Temporary duration

NIGHT SHIFT DIFF10% for work done from 10AM-6AMOT Work – EE has burden of proof

1. Regular work day – 25%2. Holiday/restday – 30%

Workday – 24-hr period that commences from the time Ee starts to work

*Any work in excess of 8 hrs NOT falling w/in the 24hr workday is not considered as OT work

GR: OT Pay is not waivable:

1. Waiver is made in consideration of benefits & privileges; and

2. Compressed WorkweekRequisites:

a. Written consent of majority of workers;b. Cert from safety org if working conditions

are hazardous to healthc. Dole Reg ofc is notifiedd. 60 minutes mealtimee. working hrs per day maximum of 12 hrs

(beyond, it’s OT)Flexible Work Arrangements

a. Reduction of workdays – max 6months durationb. Rotation of workersc. Forced leaved. Broken-time schede. Flexi-holiday sched

*Undertime not offset by OTProper method: Deduct the UT from the accrued leave

Emergency OT Work Work on a RestdayWar/national Emergency XTo prevent loss/damage to life/prop during force majeure

Same

Urgent work needed on machines/equipmt SameTo preserve perishable goods SameTo prevent serious prejudice to the business XTo avail of favorable weather X

Where the nature of work requires continuous operations

Abnormal pressures of work due to special circumstances

Analogous circs

Rest day – 24 consecutive hours after every 6 consecutive normal work days

Regular Holidays1. New year2. Maundy Thursday3. Good Friday4. Araw ng Kagitingan5. Labor day6. Independence day7. National heroes day8. Bonifacio day9. Christmas10. Rizal day

Special Holidays1. Black Saturday2. Ninoy Aquino Day3. All saints day4. Nov 25. Dec 246. Dec 317. Those declared by law

HOLIDAY PAY - - EE should not have been absent w/o pay on the

working day preceding the regular holiday- N/A to EEs working in retail & service

establishments regularly employing 10 workers/less

For Part-time workers: 2 methodsa. Average 7 workdays take home payb. Pay on day preceding reg holiday*Whichever is higher

SERVICE INCENTIVE LEAVE- 5 days leave w/ pay for every EE who has rendered

1yr of service, whether continuous or not- convertible to cash

Exception to Entitlement1. Govt EEs2. Domestic helpers3. Persons in the service of another4. Managerial EEs5. Unsupervised Field Personnel6. Unsupervised Piece-rate worker7. Already enjoying SIL (at least 5 days)8. Already enjoying VL w/ pay9. Those employed in establishments regularly

employing less than 10 EEs

SERVICE CHARGES85% - ALL EEs managerial15% - mgt

- if revoked, considered integrated in the wages, the basis of w/c is the average monthly share of each EE for the past 12 months immediately preceding the abolition

-