Minimum Wage Fixing This is an integral part of the law. The criteria are provided.

Focus of the law:

Determining the agencies established for wage fixing machinery, namely: 1 National Wages and
Productivity Commission (NWPC) 2 Regional Tripartite Wages and Productivity Board (RTWPB)
Tripartite consists of the following: ER, EE and Government
NWPC (Commission) [a] Prescribe or set rules and guidelines for the determination of appropriate
minimum wages and the factors to be considered [b] Power to review wage levels set by RTWPB; appeal
power
RTWPB (Board) [a] Determines and fixed minimum wage rates applicable to region, provinces,
industries [b] Promulgates the wage order
IMPORTANT: The dividing line between NWPC and RTWPB is that the Commission sets the guidelines
to be followed, while the Board promulgates the wage orders.
Process for Minimum Wage Fixing: 1 There must be a need determined by the board based on its study
of pertinent facts 2 Conduct public hearings and consultations 3 Issue wage order (W.O.) 4
Publication of wage order in a newspaper of general circulation. W.O. takes effect 15 days thereafter 5
Appeal to NWPC w/in 10 calendar days; NWPC required to resolve issue w/in 60 days from filing
Women and Minors
Women *Consti recognizes the role of women (Art. 2 Sec.14) *3 provisions: 1) re protection the
institution of marriage, 2) protecting womens pregnancy, and 3) discrimination provisions on women
under certain conditions.
Areas of Concern: [a] Institution of marriage A136 provides for stipulation against marriage. When
does the law apply? Pre-employment and Post- employment. In case of the pre-employment, does the law
apply within the time of pre-hiring or hiring? [b] Law on pregnancy 2 associated laws: Paternity Leave
and Maternity Leave [c] Discrimination A135 LC prohibits discrimination against women with respect
to terms and conditions of employment solely on account of their sex. There must be equal opportunity,
growth, work and pay between male and female EEs.
In the case of Duncan
The SC ruled that the dismissal based on this stipulation in the employment contract is a valid
exercise of management prerogative. The prohibition against personal or marital relationships with
employees of the competitor companies upon its employees was held reasonable under the circumstances
because relationships of that nature might compromise the interests of the company.
Minors workers R.A 7678
Child refers to any person less than 18y, o.
Working child refers to nay child engaged as follows;
1, in work where she /he directly the responsibility of his parents or legal guardian
2 in public entertainment or information
Regulation of working hours child
1 all time during w/c a child is required to be a prescribed work place 2 all the during w/c a child is
suffered or permitted to work. Rest periods of short duration during working hours shall be counted as
hours work.
Gen rule is that
Special Women Workers: A138 LC provides for a classification of certain women workers. - Women
under certain conditions deemed EEs when they meet the test of the workplace, meaning, when they are
permitted or suffered to work in bars, lounges, night clubs and other similar establishments. - Wage is
immaterial: with or without compensation - Sec. of Labor should provide rules and regulations re terms
and conditions of these women workers.
Star Paper case No spouse employment policy declared invalid.
Minors *Theres recognition in Consti on the role of minors (Art. 2 Sec. 13)
*Law: R.A. 7610 Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act
Areas of Concern: [a] Minimum Employable Age: 15 years old General. Rule: Below 15 y.o. NOT to be
employed Exceptions: 1) when employed by parents of legal guardian, 2) when employment in
entertainment is essential, provided that children are protected from any hazardous undertaking, both
physical and moral hazards [b] Absolute prohibition on that range: No person shall employ children
models in all commercial ads, promoting alcoholic beverages, intoxication drinks, tobacco and its b-
products, and violence (Sec.14 RA 7610)
Main Requisite before Employment: ER must secure a work permit from DOLE before engaging the
child.
Sexual Harassment R.A 7877 unlawful only in 3 instances
1 employment 2education or 3training environment.

The law punishes sexual harassment if the same is;
1 work related; or2 education related; or training related.
Person may be liable any employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor ,coach,trainor or any person who having authority, influence or moral ascendency
over another in a work training or education that could be demand , request or otherwise requires any
sexual favor in return of object of said act.
-In work related or employment the sexual favor is made in condition in the hiring or in the employment
or continued employment.

Househelpers A141 LC coverage: all persons rendering services in households for compensation
Domestic or Household services shall mean service in ERs 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 ERs household, including services of family drivers.
*Househelpers shall not be assigned to non-household work assignment. If suffered to work in a
commercial, industrial or agricultural enterprise, he must be paid the prevailing wage or salary of such
workers. *Domestic servants or Househelpers are excluded from fringe benefits
Legal measure: - place of work: ERs home - nature of work: for maintenance and enjoyment of ERs
home and for personal comfort and convenience of ERs family - inclusion of family driver
Homeworkers A153 LC Regulations of industrial homework to be done by DOLE to ensure general
welfare and protection of homeworkers
*Industrial Homework: A system of production under which work for an ER or contractor is carried out
by homework at his/her home. Material may or may not be furnished by ER or contractor.