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COVERAGE
General rule: Shall apply to employees in all establishments and undertakings
whether for profit or not.
Exceptions:
(1) Government employees [Art. 82; Art. 76]
(2) Managerial Employees including members of the
managerial staff [Art. 82]
(3) Field Personnel [Art. 82]
(4) Members of the family of the employer who are
dependent on him for support [Art. 82];
(5) Domestic helpers and persons in personal service of
another [Art. 141]
(6) Workers who paid by result as determined by DOLE
regulation [Art. 82]
GOVERNMENT EMPLOYEES
The terms and conditions of employment of all government employees, including
employees of GOCCs, are governed by the Civil Service rules and regulations, not
by the Labor Code. But this exclusion DOES NOT refer to employees of government
agencies and government corporations that are incorporated under the Corporation
Code.
MANAGERIAL EMPLOYEES
Refer to those whose primary duty consists of the management of the
establishment in which they are employed or of a department or subdivision
thereof, and to other officers or members of the managerial staff. [Art. 82, LC]
(1) Their primary duty consists of the management of the establishment in which
they are employed or of a department or sub-division thereof.
(2) They customarily and regularly direct the work of two or more employees
therein.
(3) They have the authority to hire or fire employees of lower rank; or their
suggestions and recommendations as to hiring and firing and as to the promotion or
any other change of status of other employees, are given particular weight.
Field Personnel
Those whose performance of their job/service is not supervised by the employer or
his representative, the workplace being away from the principal office and whose
hours and days of work cannot be determined with reasonable certainty.
HOURS OF WORK
NORMAL HOURS OF WORK
General Rule: 8-Hour Labor Law. The normal hours of work of any employee shall
not exceed eight (8) hours a day. The law prescribes a maximum and not a
minimum. Thus, part-time work, or a days work less than eight hours, is not
prohibited.
Exception to the 8-Hour Law: Work Hours of Health Personnel
Health personnel in cities and municipalities with a population of at least one million
(1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred
(100) shall hold regular office hours for eight (8)hours a day, for five (5) days a
week, exclusive of time for meals, except where the exigencies of the service
require that such personnel work for six (6) days or forty-eight (48)hours, in which
case, they shall be entitled to an additional compensation of at least thirty percent
(30%) of their regular wage for work on the sixth day.
Rest period
An employee need not leave the premises of the work place in order that his rest
period shall not be counted, it being enough that he stops working, may rest
completely and may leave his work place, to go elsewhere, whether within or
outside the premises of his work place. Lectures, meetings, trainings Attendance at
lectures, meetings, training programs, and other similar activities shall not be
counted as working time if ALL of the following conditions are met:
(1) Attendance is outside of the employees regular working hours;
MEAL BREAK
Regular meal Subject to such regulations as the Secretary of Labor may prescribe,
it shall be the duty of every employer to give his employees not less than sixty (60)
minutes time-off for their regular meals. Every employer shall give his employees,
regardless of sex, not less than one (1) hour time-off for regular meals
Jurisprudence:
(1) During meal period where the laborers are required to stand by for emergency
work, or where said meal hour is not one of complete rest, such period is considered
overtime.
(2) The eight-hour work period does not include the meal break. Employees are not
prohibited from going out of the premises as long as they return to their posts on
time. [Phil. Airlines, Inc. v. NLRC, 1999]
WAITING TIME
Waiting time spent by an employee shall be considered as working time if waiting is
an integral part of his work or the employee is required or engaged by the employer
to wait
(1) Waiting time spent by the employee shall be considered as working time if
waiting is an integral part of his work or the employee is required or engaged by the
employer to wait.
(2) An employee who is required to remain on call in the employers premises or so
close thereto that he cannot use the time effectively and gainfully for his own
purpose shall be considered as working while on call.
Legal test: Whether waiting time constitutes working time depends upon the
circumstances of each particular case. The facts may show that the employer was
engaged or was waiting to be engaged. The controlling factor is whether waiting
time spent in idleness is so spent predominantly
for the employers benefit or for the employees.
OVERTIME WORK, OVERTIME PAY
Overtime compensation is additional pay for service or work rendered or performed
in excess of eight hours a day by employees or laborers covered by the Eight-hour
Labor Law.
Overtime on ordinary working day
Overtime work. Work may be performed beyond eight (8)hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent
to his regular wage plus at least twenty-five percent (25%)thereof. [Art. 87, LC]
Overtime work on holiday or rest day
Work performed beyond eight hours on a holiday or rest day shall be paid an
additional compensation equivalent to the rate of the first eight hours on a holiday
or rest day plus at least thirty percent (30%) thereof.
Emergency or overtime
Any employee may be required by the employer to perform overtime work in any of
the following cases:
(1) When the country is at war or when any other national or local emergency has
been declared by the National Assembly or the Chief Executive;
(2) When it is necessary to prevent loss of life or property or in case of imminent
danger to public safety due toan actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
(3) When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some other
cause of similar nature;
(4) When the work is necessary to prevent loss or damage to perishable goods; and
(5) Where the completion or continuation of the work started before the eighth hour
is necessary to prevent serious obstruction or prejudice to the business or
operations of the employer. [Art. 89, LC]
Undertime work on any particular day shall not be offset by overtime work
on any other day. Permission given to the employee to go on leave on some other
day of the week shall not exempt the employer from paying the additional
compensation required
PART-TIME WORK
A single, regular or voluntary form of employment with hours of work substantially
shorter than those considered as normal in the establishment. This excludes those
forms of employment which, although referred to as part-time work, are in
particular, irregular, temporary or intermittent employment, or in cases where hours
of work have been temporarily reduced for economic, technical or structural
reasons.The wage and benefits of part-time worker are in proportion to the number
of hours worked.
WAGES
(1) It is the remuneration or earnings, however designated, capable of being
expressed in terms of money,
(2) whether fixed or ascertained on a time, task, piece, or commission basis, or
other method of calculating the same,
(3) which is payable by an employer to an employee
(4) under a written or unwritten contract of employment for work done or to be
done, or for services rendered or to be rendered and
(5) includes the fair and reasonable value, as determined by the Secretary of Labor
and Employment, of board, lodging, or other facilities customarily furnished by the
employer to the employee
(6) Fair and reasonable value - shall not include any profit to the employer, or to any
person affiliated with the employer. [Art. 97(f)]
No work no pay principle
General Rule: a fair days wage for a fair days labor or no work no pay
Exception: when the laborer was able, willing and ready to work but was illegally
locked out, suspended or dismissed, or otherwise illegally prevented from working.
Unorganized Establishment
(1) ERs and Employees shall endeavor to correct such distortions.
(2) Disputes shall be settled through the National Conciliation and Mediation Board.
(3) If still unresolved after 10 calendar days of conciliation, it shall be referred to the
appropriate branch of the NLRC compulsory arbitrationBoth the employer and
employee cannot use economic weapons.
(4) Employer cannot declare a lock-out; Employee cannot declare a strike because
the law has provided for a procedure for settling
(5) The salary or wage differential does not need to be maintained.
National Conciliation and Mediation Board if unresolved COMPULSORY
arbitration by the NLRC
REGULAR HOLIDAYS
Proclamation No. 459 signed by President Aquino on 16 August 2012, provides for
the observance of the regular holidays and special [non-working] days for the year
2013 on the following dates:
Regular Holidays
(1) New years Day - January 1 (Tuesday)
(2) Maundy Thursday March 28
(3) Good Friday March 29
(4) Araw ng Kagitingan April 9 (Tuesday)
(5) Labor Day May 1 (Wednesday)
(6) Independence Day June 12 (Wednesday)
(7) National Heroes Day August 26 (Last Monday of
August)
(8) Bonifacio Day November 30 (Saturday)
(9) Christmas Day - December 25
(10) Rizal Day - December 30 (Monday)
(11) Eidl Fitr date to be determined later
(12) Eidl Adha date to be determined later
LEAVES
SERVICE INCENTIVE LEAVE PAY
Right to service incentive leave. Every employee who has rendered at least one
year of service shall be entitled to a yearly service incentive leave of five days with
pay.
MATERNITY LEAVE
Every woman in the private sector, whether married or unmarried, is entitled to the
maternity leave benefits.
Conditions to entitlement
Requisites
(1) Employment: A female employee employed at the time of delivery, miscarriage
or abortion
(2) Contribution: who has paid at least 3 monthly contributions in the 12-month
period immediately preceding the semester of her childbirth, or miscarriage.
(3) Notice: employee notified employer of her pregnancy and the probable date of
her childbirth, which notice shall be transmitted to the SSS in accordance with the
rules and regulations it may provide.
PATERNITY LEAVE
Paternity leave is granted to all married male employees in the private and public
PARENTAL LEAVE
RA 8972 (Solo Parents Welfare Act of 2000)
Leave benefits granted to a solo parent to enable him/her to perform parental
duties and responsibilities where physical presence is required. (Parental Leave for
Solo Parents, RA 8972)
LEAVES FOR VICTIMS OF VIOLENCE AGAINST WOMEN
VAWC leave is granted to women employees who are victims of violence, as defined
in RA 9262. The leave benefit covers the days that the women employee has to
attend to medical or legal concerns.
SEPARATION PAY
Separation pay is defined as the amount that an employee receives at the time of
his severance from the service and is designed to provide the employee with the
wherewithal during the period that he is looking for another employment. The rule
embodied in the Labor Code is that a person dismissed for cause as defined therein
is not entitled to separation pay. EXCEPTION Considerations of equity as in the An
RETIREMENT PAY
RA 7641 is undoubtedly a social legislation. The law has been enacted as a labor
protection measure and as a curative statute that absent a retirement plan devised
by, an agreement with, or a voluntary grant from, an employer can respond, in part
at least, to the financial well-being of workers during their twilight years soon
following their life of labor. There should be little doubt about the fact that the law
can apply to labor contracts still existing at the time the statute has taken effect,
and that its benefits can be reckoned not only from the date of the law's enactment
but retroactively to the time said employment contracts have started.
WOMEN WORKERS
PROVISIONS AGAINST DISCRIMINATION
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 and fringe 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,
training opportunities, study and scholarship grants solely on account of their sexes.
[Art. 135 LC]
stipulate expressly or tacitly that upon getting married a woman employee shall be
deemed resigned or separated or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her marriage.
PROHIBITED ACTS
Discharge to prevent enjoyment of benefits [Art 137(a
(1)] To deny any woman employee the benefits provided for in this Chapter or to
discharge any woman employed by him for the purpose of preventing her from
enjoying any of the benefits provided under this Code.
Discharge on account of pregnancy [Art 137(a)
(2)]To discharge such woman on account of her pregnancy, while on leave or in
confinement due to her pregnancy.
Discharge on account of testimony [Art 137(a)
(3)To discharge or refuse the admission of such woman upon returning to her work
for fear that she may again be pregnant.
EMPLOYMENT OF HOUSEHELPERS
"Domestic or household services" shall mean service in the ER's home, which is
usually necessary or desirable for the maintenance and enjoyment thereof and
includes ministering to the personal comfort and convenience of the members of
the ER's household, including services of family drivers.
Compensation
Minimum wage rates shall be equivalent to the basic cash wages plus lodging, food
and medical attendance.
SSS Membership
Those househelpers who are receiving at least One thousand pesos (P1,000.00)
shall be covered by the Social Security System (SSS) and be entitled to all the
benefitsprovided thereunder.
Time and Manner of Payment
Wages shall be paid directly to the househelper to whom they are due at least once
a month. No deductions therefrom shall be made by the employer unless authorized
by the househelper himself or by existing laws.
Opportunity for education if househelper is below 18 years
(1) ER shall provide for at least elementary education;
(2) cost shall be part of the EEs compensation UNLESS otherwise agreed upon.
Just and humane treatment
The employer shall treat the househelper in a just and humane manner. In no case
shall physical violence be used upon the househelper Board, lodging and medical
attendance shall be furnished by employer
Household work - Non-hazardous work for persons between 15-18 years old.
Contract for Domestic Service shall NOT exceed 2 years but renewable annually.
Hours of Work - House helpers shall NOT be required to work more than ten hours a
day.
Vacation with Pay - Shall be allowed 4 paid vacation days per month.
Funeral Expenses
Prohibition - RIDICULE
No individual, group or community shall execute any of these acts of ridicule against
persons with disability in any time and place which could intimidate or result in loss
of self-esteem of the latter.
Prohibition - VILIFICATION
Any individual, group or community is hereby prohibited from vilifying any person
with disability which could result into loss of self-esteem of the latter.