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Labor Standards Midterms reviewer Azucena

Labor Standards Midterms reviewer Azucena

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Published by Boom Manuel-Bayani
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Published by: Boom Manuel-Bayani on Mar 02, 2013
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05/10/2013

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Basic Rights of Workers1.
 
To ORGANIZE2.
 
To conduct CBA3.
 
To engage in peaceful concerted activities (STRIKE)4.
 
To PARTICIPATE in the policy & decision-makingprocesses affecting their Rs & benefits5.
 
(Farmworkers): to own directly/collectively theland they tillManagement Rights1.
 
to manage, CONTROL and use his property andconduct business in a manner satisfactory tohimself 2.
 
to prescribe RULES3.
 
to SELECT employees4.
 
to TRANSFER/DISCHARGE employees to minimizeexpenses and insure stability of business
 provided 
it is done in GF and to causes beyond controlCARPScope1.
 
All alienable & disposable lands of the publicdomain devoted to or suitable for agri;2.
 
All lands of pub domain in excess to the specificlimits as determined by Congress;3.
 
All other lands owned by the Gov’t 
devoted to orsuitable for agri;4.
 
All private lands devoted to or suitable for agri.
Exceptions1.
 
Lands actually, directly & exclusively used for parks,wildlife/forest reserves, reforestation, fishsanctuaries, watersheds, mangroves;2.
 
Private lands actually, directly & exclusively usedfor prawn farms and fishponds3.
 
Lands actually, directly & exclusively used bynational defense, schools, experimental farms inschools.Tenant-farmers may own:a.
 
5 hectares of non-irrigated land; orb.
 
3 hectares irrigatedLand owners may retain:1.
 
7 hectares at most 2.
 
3 hectares to each child,
 provided 
 a.
 
child is at least 15y/o, andb.
 
he is actually tilling the land or directlymanaging the farmLands not covered1.
 
lands obtained through HOMESTEAD patent 2.
 
RESIDENTIAL subdivisions3.
 
LIVESTOCK, poultry and swine-raising landsRequisites of Tenancy relationship1.
 
Parties are the landowner & the tenant 2.
 
Subject matter is agri land3.
 
Consent bet the parties4.
 
Purpose is agricultural production5.
 
Sharing of harvests bet the parties
Recruitment & Placement of Workers
 Recruitment & placement 
any act of canvassing, engaging,transporting, contracting, hiring, utilizing or procuringworkers AND includes promising, advertising, referralsand contract services for ENT locally or abroad, whetherfor profit or not,
 provided 
that any person/entity w/c inany manner offers/promises for a fee ENT to 2/morepersons shall be deemed engaged in recruitment &placement Agencies ResponsibleBLE
Bureau of Local ENTPOEA
Ph Overseas ENT AdminWho may conduct Private Recruitment 1.
 
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 byDOLEGrounds for Disciplinary Action of OFWs1.
 
Felony2.
 
Drug addiction/possession/trafficking3.
 
Abandonment 4.
 
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 thehost countryPermanent disability
inability of a worker to perform hisjob for more than 120 days
Ban on Direct Hiring
 
Exceptions1.
 
Members of diplomatic corps;2.
 
International orgs;3.
 
Other ERs as may be allowed by DOLE
 
Mandatory Remittance of Foreign Exchange earnings
Seaman
80%Workers for Fil contractors/construction co
70&Pros where ENT contract provides for lodging
70%Pros w/ board & lodging
50%Domestic workers
50%
Exceptions1.
 
In US Military installations2.
 
Worker’s immediate family is residing w/ him
abroad;3.
 
working w/ UN agenciesDisqualified from Recruitment 1.
 
Travel agencies2.
 
Officers/members of a travel agency3.
 
Corps when any of its officers/board members isengaged in a business of a travel agency4.
 
w/ derogatory recordsProhibited Practices1.
 
Illegal exaction2.
 
False information3.
 
False statement 4.
 
Pirating5.
 
Influencing not to employ6.
 
Obstruct inspection7.
 
Failure to comply w/ RR8.
 
Alteration of contracts9.
 
Officer/boardmember of travel agency10.
 
Withholding docsIllegal Recruitment as Economic Sabotage1.
 
Committed by a SYNDICATE
when 3/morepersons conspire2.
 
Committed in a LARGE SCALE
if committedagainst 3/more personsAlien Employment Permit Scope1.
 
All foreigners seeking admission to PH for ENT;2.
 
All non-resident foreigners already working in thePH;3.
 
Non-resident foreigner admitted to the PH on non-working visa and who wish to seek ENT here; and4.
 
MissionariesRequirements1.
 
Substantive & documentary reqmts2.
 
DOLE determination that no available Fil who iscompetent & willing to do the job3.
 
DOLE assessment that EENT of foreigner willredound to national benefit 
Exemption from Permit 1.
 
Members of Diplomatic service2.
 
Officers/staff of International orgs3.
 
Member of governing Board who do not occupy anyother position4.
 
All foreigners granted exemption by law5.
 
Owners/reps of foreigners whose cos are POEAaccredited6.
 
Foreigners who come to the PH to teach, conduct research studies7.
 
Resident Foreigner
Special Workers
1.
 
Apprentice - highly-skilled/technical; for 6months; earns at least 75% of the MWQualificationsa.
 
At least 14y/ob.
 
w/ vocational aptitudec.
 
ability to understand instructions2.
 
Learner
semi-skilled3.
 
Handicapped
CONDITIONS OF ENT
Coverage : ALL EES
Exceptions:1.
 
Gov’t EEs
 2.
 
Managerial3.
 
Field personnel (unsupervised)4.
 
Family member of ER who is dependent on him forsupport 5.
 
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 information4-Fold Test of Determining EE-ER Relshp1.
 
Selection2.
 
Discharge3.
 
Wage4.
 
Control5.
 
(+) Economic Dependence Test 
Hours Worked
ER bears burden of proof 1.
 
Hrs the EE is required to give to his ER2.
 
If the work performed is necessary/benefited theER/EE could not abandon his work at the end of hisnormal working hrs;3.
 
Time during w/ EE is inactive by reason of interruptions in his work beyond his control4.
 
Controlled/required preliminary and postliminaryativities5.
 
Engaged waiting time6.
 
Eating time during w/c EE is required to performhis duties7.
 
Sleeping time subj to serious interruption8.
 
On call in the ER’s premises
 9.
 
Emergency travel from home to work 10.
 
Travel that’s all in a day’s work 
 11.
 
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 work 13.
 
Semestral break for teachers in private schools14.
 
Actual time of work for seamen
 
Shorte
ned Meal Break upon EE’s Request Requisites
 1.
 
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 work 6.
 
Temporary duration
NIGHT SHIFT DIFF
10% for work done from 10AM-6AM
OT Work 
 
EE has burden of proof 
1.
 
Regular work day
25%
 2.
 
Holiday/restday
30%
 
Workday
24-hr period that commences from the time Eestarts to work *Any work in excess of 8 hrs NOT falling w/in the 24hrworkday is not considered as OT work GR: OT Pay is not waivable
:1.
 
Waiver is made in consideration of benefits &privileges; and2.
 
Compressed Workweek Requisites:a.
 
Written consent of majority of workers;b.
 
Cert from safety org if working conditionsare 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 Arrangementsa.
 
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 leaveEmergency OT Work Work on a RestdayWar/national Emergency XTo prevent loss/damage tolife/prop during forcemajeureSameUrgent work needed onmachines/equipmt SameTo preserve perishablegoodsSameTo prevent seriousprejudice to the businessXTo avail of favorableweatherXWhere the nature of work requires continuousoperationsAbnormal pressures of work due to specialcircumstancesAnalogous circsRest day
24 consecutive hours after every 6 consecutivenormal work daysRegular Holidays1.
 
New year2.
 
Maundy Thursday3.
 
Good Friday4.
 
Araw ng Kagitingan5.
 
Labor day6.
 
Independence day7.
 
National heroes day8.
 
Bonifacio day9.
 
Christmas10.
 
Rizal daySpecial 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 theworking day preceding the regular holiday-
 
N/A to EEs working in retail & serviceestablishments regularly employing 10workers/lessFor 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 rendered1yr of service, whether continuous or not -
 
convertible to cash
Exception to Entitlement 1.
 
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 regularlyemploying less than 10 EEs
SERVICE CHARGES
85% - ALL EEs
managerial15% - mgt -
 
if revoked, considered integrated in the wages, thebasis of w/c is the average monthly share of eachEE for the past 12 months immediately precedingthe abolition-
 

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