Basic Rights of Workers 1. To ORGANIZE 2. To conduct CBA 3. To engage in peaceful concerted activities (STRIKE) 4.
To PARTICIPATE in the policy & decision-making processes affecting their Rs & benefits 5. (Farmworkers): to own directly/collectively the land they till Management Rights 1. to manage, CONTROL and use his property and conduct business in a manner satisfactory to himself 2. to prescribe RULES 3. to SELECT employees 4. to TRANSFER/DISCHARGE employees to minimize expenses and insure stability of business provided it is done in GF and to causes beyond control CARP Scope 1. 2. 3. 4.
Recruitment & Placement of Workers Recruitment & 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 Responsible BLE – Bureau of Local ENT POEA – Ph Overseas ENT Admin Who may conduct Private Recruitment 1. Public ENT Entities; 2. Private recruitment entities 3. Private ENT agencies 4. Shipping/maning agents/reps 5. The POEA 6. Construction contractors if authorized by dole 7. Members of diplomatic corps, processed by POEA 8. Other persons/entities as may be authorized by DOLE Grounds for Disciplinary Action of OFWs 1. Felony 2. Drug addiction/possession/trafficking 3. Abandonment 4. Drunkenness 5. Gambling 6. Illegal strike 7. Creating trouble at worksite 8. Embezzlement of company funds 9. Theft/robbery 10. Prostitution 11. Vandalism/destruction of company prop 12. Gunrunning 13. Unjust refusal to depart for the worksite 14. 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 Hiring Exceptions 1. Members of diplomatic corps; 2. International orgs; 3. Other ERs as may be allowed by DOLE
All alienable & disposable lands of the public domain devoted to or suitable for agri; All lands of pub domain in excess to the specific limits as determined by Congress; All other lands owned by the Gov’t devoted to or suitable for agri; All private lands devoted to or suitable for agri.
Exceptions 1. 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; or b. 3 hectares irrigated Land owners may retain: 1. 7 hectares at most 2. 3 hectares to each child, provided a. child is at least 15y/o, and b. he is actually tilling the land or directly managing the farm Lands not covered 1. lands obtained through HOMESTEAD patent 2. RESIDENTIAL subdivisions 3. LIVESTOCK, poultry and swine-raising lands Requisites of Tenancy relationship 1. Parties are the landowner & the tenant 2. Subject matter is agri land 3. Consent bet the parties 4. Purpose is agricultural production 5. Sharing of harvests bet the parties
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% Exceptions 1. In US Military installations 2. Worker’s immediate family is residing w/ him abroad; 3. working w/ UN agencies Disqualified from Recruitment 1. Travel agencies 2. Officers/members of a travel agency 3. Corps when any of its officers/board members is engaged in a business of a travel agency 4. w/ derogatory records Prohibited Practices 1. Illegal exaction 2. False information 3. False statement 4. Pirating 5. Influencing not to employ 6. Obstruct inspection 7. Failure to comply w/ RR 8. Alteration of contracts 9. Officer/boardmember of travel agency 10. Withholding docs Illegal Recruitment as Economic Sabotage 1. Committed by a SYNDICATE – when 3/more persons conspire 2. Committed in a LARGE SCALE – if committed against 3/more persons Alien Employment Permit Scope 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 nonworking visa and who wish to seek ENT here; and 4. Missionaries Requirements 1. Substantive & documentary reqmts 2. DOLE determination that no available Fil who is competent & willing to do the job 3. DOLE assessment that EENT of foreigner will redound to national benefit Exemption from Permit 1. Members of Diplomatic service 2. Officers/staff of International orgs 3. Member of governing Board who do not occupy any other position 4. All foreigners granted exemption by law 5. Owners/reps of foreigners whose cos are POEA accredited 6. Foreigners who come to the PH to teach, conduct research studies
Special Workers 1. Apprentice - highly-skilled/technical; for 6 months; earns at least 75% of the MW Qualifications a. At least 14y/o b. w/ vocational aptitude c. ability to understand instructions 2. Learner – semi-skilled 3. Handicapped CONDITIONS OF ENT Coverage : ALL EES Exceptions: 1. Gov’t EEs 2. Managerial 3. Field personnel (unsupervised) 4. Family member of ER who is dependent on him for support 5. Domestic helpers, family drivers 6. Persons in the service of another 7. 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 Relshp 1. Selection 2. Discharge 3. Wage 4. Control 5. (+) Economic Dependence Test Hours Worked – ER bears burden of proof 1. Hrs the EE is required to give to his ER 2. 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 time 6. Eating time during w/c EE is required to perform his duties 7. Sleeping time subj to serious interruption 8. 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 workday 12. Meeting/Training time inside EE’s working hrs, required and requires perf of any productive work 13. Semestral break for teachers in private schools 14. Actual time of work for seamen
Shortened Meal Break upon EE’s Request Requisites 1. Agreement in writing to waive OT pay 2. No diminution in salary & benefits 3. Work is not physically strenuous 4. Value of benefits is equal to the compensation due 5. 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 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 Workweek Requisites: a. Written consent of majority of workers; b. Cert from safety org if working conditions are hazardous to health c. Dole Reg ofc is notified d. 60 minutes mealtime e. working hrs per day maximum of 12 hrs (beyond, it’s OT) Flexible Work Arrangements a. Reduction of workdays – max 6months duration b. Rotation of workers c. Forced leave d. Broken-time sched e. Flexi-holiday sched *Undertime not offset by OT Proper method: Deduct the UT from the accrued leave Emergency OT Work Work on a Restday War/national Emergency X To prevent loss/damage to life/prop during force Same majeure Urgent work needed on machines/equipmt Same To preserve perishable goods Same To prevent serious prejudice to the business X To 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 Holidays 1. New year 2. Maundy Thursday 3. Good Friday 4. Araw ng Kagitingan 5. Labor day 6. Independence day 7. National heroes day 8. Bonifacio day 9. Christmas 10. Rizal day Special Holidays 1. Black Saturday 2. Ninoy Aquino Day 3. All saints day 4. Nov 2 5. Dec 24 6. Dec 31 7. 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 methods a. Average 7 workdays take home pay b. 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 Entitlement 1. Govt EEs 2. Domestic helpers 3. Persons in the service of another 4. Managerial EEs 5. Unsupervised Field Personnel 6. Unsupervised Piece-rate worker 7. Already enjoying SIL (at least 5 days) 8. Already enjoying VL w/ pay 9. Those employed in establishments regularly employing less than 10 EEs SERVICE CHARGES 85% - ALL EEs managerial 15% - 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 -