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8. Working Conditions for Special Group of Workers
A. Women

1. Women under the Constitution
Sec 14, Art II, Constitution The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Sec 14, Art XIII, Constitution The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. PT&T v NLRC (1997; Regalado, J.) QUICK FACTS: Reliever Grace de Guzman was dismissed not for acts of dishonesty but for her concealment of civil status in violation of company policy against marriage of employees. HELD: Said company policy is contrary to Art 136 of the LC

2. Coverage
Sec 1, Rule XII, Book III, ORR This Rule shall apply to all employers, whether operating for profit or not, including educational, religious and charitable institutions, EXCEPT to: • Government • GOCC • employers of household helpers and persons in their personal service insofar as such workers are concerned

1. Prohibited Acts
a. Night work/Exception

Art 130 No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation a) In any industrial undertaking or branch thereof between 10 PM and 6 AM of the following day b) In any commercial or non-industrial undertaking or branch thereof between 12 MN and 6 AM of the following day c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than 9 consecutive hours Art 131 The prohibitions prescribed by the preceding Article shall not apply in any of the following cases: a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer c) Where the work is necessary to prevent serious loss of perishable goods d) Where the woman employee holds a responsible position of managerial or technical nature, or Where the woman employee has been engaged to provide health and welfare services e) Where the nature of work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers f) Where the women employees are immediate members of the family operating the establishment or undertaking g) Under other analogous cases exempted by the Labor Sec in appropriate regulations a. Discrimination Art 135 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: a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value

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b) Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes Criminal liability for the willful commission of any unlawful acts as provided in this Article or any violation of the rules and regulations issued pursuant to Sec 2 hereof shall be penalized as provided in Art 288 and Art 289 of this Code PROVIDED, That the institution of the criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. a. Stipulation against marriage Art 136 It shall be unlawful for an employer: ○ to require as a condition for employment or continuation of employment that a woman employee shall not get married ○ to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated ○ to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. DUNCAN ASSOC OF DETAILMAN-PTGWO v GLAXO WELLCOME (2004; Ponente) a. Discharge to prevent enjoyment of benefits Art 137 (1) It shall be unlawful for any employer: • 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 a. Discharge on account of pregnancy Art 137 (2) It shall be unlawful for any employer: • To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy Art 137 (3) It shall be unlawful for any employer: • To discharge or refuse the admission of such women upon returning to her work for fear that she may again be pregnant a. Discharge on account of testimony Sec 13 d, Rule XII, Book III, ORR It shall be unlawful for any employer: • To discharge any woman or child or any other employee for having filed a complaint or having testified or being about to testify under the Code

1. Facilities
Art 132 The Labor Sec shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulation, require any employer to: a) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours PROVIDED, they can perform their duties in this position without detriment to efficiency b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women c) To establish a nursery in a workplace for the benefit of the women employees therein d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like Art 134 Family planning services; Incentives for family planning a) Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices

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b) In coordination with other agencies of the government engaged in the promotion of family planning,
the DOLE shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishments or enterprise Sec 11, Rule XII, Book III, ORR Employers who habitually employ more than 200 workers in any locality shall provide free family-planning services to their employees and their spouses which shall include but not limited to, the application or use of contraceptives. Subject to the approval of the Labor Sec, the Bureau of women and Young Workers shall, within 30 days from the effective date of these Rules, prescribe the minimum requirements of family planning services to be given by the employers to their employees.

1. Special Women Workers
Art 138 Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Labor Sec, shall be considered as an employee of such establishment for purposes of labor and social legislation.

2. Maternity Leave
Sec 14-A, RA 8282 (Social Security Act of 1997) Maternity Leave Benefit – A female member who has paid at least 3 monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a dialy maternity benefit equivalent to the 100% of her average daily salary credit for 60 days or 78 days in case of caesarian delivery, subject to the following conditions: a) That the employee shall have notified her 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 b) The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same period for which daily maternity benefits have been received d) That the maternity benefits provided under this section shall be paid only for the first 4 deliveries or miscarriages e) That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof f) That if an employee member should give birth or suffer miscarriage without the required contributions having been remitted for her by her employer to the SSS or without the latter (SSS) having been previously notified by the employer of the time of pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to

1. Sexual Harassment
RA 7877of 1995 PHILIPPINE AEOLUS AUTOMOTIVE UNITED CORP v NLRC (2000; Ponente) LIBRES v NLRC (1999; Ponente) B. Minors

1. Minors under the Constitution
Sec 13, Art II, Constitution The State recognizes the vital role of the youth in nation-building and shall: ○ promote and protect their physical, moral, spiritual, intellectual and social well-being ○ inculcate in the youth patriotism and nationalism ○ encourage their involvement in public and civic affairs

1. Coverage

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3rd Par, Sec 2, RA 9231 on Sec 12, RA 7610 For purposes of this Art, the term “child” shall apply to all persons under 18 years of age. Sec 1, Rule XII, Book III, ORR This Rule shall apply to all employers, whether operating for profit or not, including educational, religious and charitable institutions, EXCEPT to: • Government • GOCC • employers of household helpers and persons in their personal service insofar as such workers are concerned Sec 2, Rule XII, Book III, ORR Children below 15 years of age may be allowed to work under the direct responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way interfere with their schooling. In such cases, the children shall not be considered employees of the employers or their parents or guardians. Sec 3, Rule XII, Book III, ORR Any person of either sex, between 15-18, may be employed in any nonhazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age. For purposes of this Rule, a “non-hazardous work or undertaking” shall mean any work or activity in which the employee is not exposed to any risk which constitutes an imminent danger to his safety and health. The Labor Sec shall from time to time publish a list of hazardous work and activities in which persons 18 years of age and below cannot be employed.

1. Employment of Children
Art 139 Minimum employable age a) No child below 15 shall be employed except when he works directly under the sole responsibility of his parents or guardian and his employment does not in any way interfere with his schooling. b) Any person between 15-18 may be employed for such number of hours and such periods of the day as determined by the Labor Sec in appropriate regulations. c) The foregoing provisions shall in no case allow the employment of a person below 18 years in an undertaking which is hazardous or deleterious in nature as determined by the Labor Sec. Sec 12, RA 7610 Children below 15 years of age shall not be employed except:

1) When a child works directly under the sole responsibility of his/her parents or legal guardian and
where only members of his/her family are employed PROVIDED that his/her employment neither endangers his/her life, safety, health, and morals nor impairs his/her normal development PROVIDED FURTHER that the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education

2) Where a child’s employment or participation in public entertainment or information through
cinema, theater, radio, television or other forms of media is essential PROVIDED that the employment contract is concluded by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible and the approval of the DOLE PROVIDED FURTHER, the following requirements in all instances are strictly complied with a) The employer shall ensure the protection, health, safety, morals and normal development of the child b) The employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration and the duration and arrangement of working time c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the DOLE which shall ensure observance of the above requirements. Sec 13, RA 7610 Access to Education and Training for Working Children

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a) b)

c)

No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education. To ensure and guarantee the access of the working child to education and training, the DepEd shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuing research and development program for the necessary and relevant alternative education of the working child. The DepEd shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances."

Sec 15, RA 7610 Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from payment of filing fees. Sec 16, RA 7610 Penal Provisions a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be penalized by imprisonment of 6 months and 1 day to 6 years or a fine of not less than P50,000.00 but not more than P300,000.00 or both at the discretion of the court. b) Any person who violates the provision of Section 12-D of this act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less than P100,000.00 but not more than P1,000,000.00, or imprisonment of not less than 12 years and 1 day to 20 years, or both such fine and imprisonment at the discretion of the court. c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in Persons Act of 2003" PROVIDED, That Such penalty shall be imposed in its maximum period. d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with R.A. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002” PROVIDED That such penalty shall be imposed in its maximum period e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or knowingly allowed the violation, shall be penalized accordingly as provided for under this Section. f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion of the court: PROVIDED, That the maximum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act 3 times; PROVIDED, FURTHER, That in addition to the community service, the penalty of imprisonment of 30 days but not more than 1 year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than 3 times. g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than 3 times. He/she shall likewise order the immediate closure of such firm or establishment if: 1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment; or 2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. a) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and other monetary benefits provided for by law." DOLE D.O. No. 04 S. 99

a) Hours of Work
Sec 3, RA 9231 on Sec 12-a, RA 7610 Under the exceptions provided in Sec 12 of this Act, as amended: 1) A child below 15 years of age may be allowed to work for not more than 20 hours a week

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2) 3)

PROVIDED that the work shall not be more than 4 hours a day at any given day A child 15 years but below 18 shall not be allowed to work for more than 8 hours a day and in no case beyond 40 hours a week No child below 15 years of age shall be allowed to work between 8 PM and 6 AM of the following day and no child 15 but below 18 shall be allowed to work between 10 PM and 6 AM of the following day

a) Prohibitions against worst forms of child labor
Sec 3, RA 9231 on Sec 12-d, RA 7610 No child shall be engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall refer to any of the following: 1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or 2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or 3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or 4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: a. Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or b. Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or c. Is performed underground, underwater or at dangerous heights; or d. Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; e. Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or f. Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or g. Is performed under particularly difficult conditions; or h. Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or i. Involves the manufacture or handling of explosives and other pyrotechnic products Sec 5, RA 9231 on Sec 14, RA 7610 Prohibition on the Employment of Children in Certain Advertisements. - No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography

a) Discrimination
Art 140 No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. Sec 3, Rule XII, Book III, ORR Any person of either sex, between 15-18, may be employed in any nonhazardous work. No employer shall discriminate against such person in regard to terms and conditions of employment on account of his age.

b) Jurisdiction
Sec 9, RA 9231 on Sec 16-a, RA 7610 The family courts shall have original jurisdiction over all cases involving offenses punishable under this Act PROVIDED, that in cities or provinces where there are no family courts yet, the RTC and the MTC shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged The preliminary investigation of cases filed under this Act shall be terminated within a period of 30 days from the date of filing. If the preliminary investigation establishes a prima faice case, then the corresponding information shall be filed in court within 48 hours from the termination of the investigation.

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Trial of cases under this Act shall be terminated by the court not later than 90 days from the date of filing of information. Decision on said cases shall be rendered within 15 days from the date of submission of cases. C. Househelpers/Caregivers

1. Definition
Sec 1(b), Rule XIII The term “househelper” as used herein is synonymous to the term “domestic servant” and shall refer to any person, whether male or female, who renders services in and about the employer’s home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer’s family.

2. Coverage
Art 141 This Chapter shall apply to all persons rendering services in households for compensation. “Domestic or household service” shall mean service in the employer’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 employer’s household, including the services of family drivers.

3. Non-household Work
Art 145 No househelper shall be assigned to work in commercial, industrial or agricultural enterprise at a wage or salary lower than that provided for agricultural workers as prescribed herein. APEX MINING CO. v NLRC ()

4. Conditions of Employment
Art 142 The original contract of domestic service shall not last for more than 2 years but it may be renewed for such periods as may be agreed upon by the parties. Art 143 (a) Househelpers shall be paid the following minimum wage rates 1) P800/month for househelpers in NCR 2) P650/month for those in other chartered cities and first-class municipalities 3) P550/month for those in other municipalities PROVIDED that the employers shall review the employment contracts of their househelpers every 3 years with then end in view of improving the terms and conditions thereof PROVIDED FURTHER that those househelpers who are receiving at least P1000 shall be covered by SSS and be entitled to all the benefits provided thereunder Art 144 The MWR prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance. Art 146 If the househelper is under 18 years, the employer shall give him/her an opportunity for at least elementary education. The cost of education shall be Art 1689 Household service shall always be compensated. Any stipulation that household service is without compensation shall be void. Such compensation shall be in addition to the househelper’s lodging, food and medical attendance. Art 1691 If the househelper is under 18 years, the head of the family shall give an opportunity to the househelper for at least elementary education. The cost of Art 1692 No contract for household service shall last for more than 2 years. However, such contract may be renewed from year to year.

LABOR - Special Groups of Workers part of househelper’s compensation, unless there is a stipulation to the contrary. Art 147 The employer shall treat the househelper in a just and humane manner. In no case shall physical violence be used upon the househelper. Art 148 The employer shall furnish the househelper, free of charge, suitable and sanitary living quarters as well as adequate food and medical attendance. Art 149 If the period of household service is fixed, neither the employer nor the househelper may terminate the contract before the expiration, except for a just cause. If the househelper is unjustly dismissed, he/she shall be paid the compensation already earned plus that for 15 days by way of indemnity.

Page 8 of 11 education shall be part of househelper’s compensation, unless there is a stipulation to the contrary. Art 1694 The head of the family shall treat the househelper in a just and humane manner. In no case shall physical violence be used upon the househelper. Art 1690 The head of the family shall furnish, free of charge, to the househelper, suitable and sanitary quarters as well as adequate food and medical attendance. Art 1697 If the period of household service is fixed, neither the head of the family nor the househelper may terminate the contract before the expiration, except for a just cause. If the househelper is unjustly dismissed, he/she shall be paid the compensation already earned plus that for 15 days by way of indemnity. If the househelper leaves without justifiable reason, he/she shall forfeit any unpaid salary due him/her not exceeding 15 days.

If the househelper leaves without justifiable reason, he/she shall forfeit any unpaid salary due him/her not exceeding 15 days. Art 150 If the duration of the household service is not determined either in stipulation or by the nature of service, the employer or the househelper may give notice to put an end to the relationship 5 days before the intended termination of service.

Art 1698 If the duration of the household service is not determined either by stipulation or by the nature of service, the employer or the househelper may give notice to put an end to the relationship 5 days before the intended termination of service.

Sec 2, Rule XII, Book III The provisions of this Rule shall apply irrespective of the method of payment of wages agreed upon by the employer and househelper, whether it be hourly, daily, weekly or monthly or by piece or output basis.

1) If the compensation is paid by the day, notice may be
given on any day that the service shall end at the close of the following day.

2) If the compensation is paid by the week, notice may
be given, at the latest, on the first business day of the week, that the service shall be terminated at the end of the 7th day from the beginning of the week

3) If the compensation is paid by the month, notice may
be given, at the latest, on the 5th day of the month, that the service shall cease at the end of the month. Art 151Upon the severance of the household service relation, the employer shall give the househelper a written statement of the nature and duration of the service and his/her efficiency and conduct as househelper. Art 152 the employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper, which the latter shall authenticate by signature or thumbmark upon request of the employer. Sec 16, Rule XIII, Book III In case of death of the househelper, the employer shall bear the funeral expenses commensurate to the standards of life of the Art 1696 In case of death of the househelper, the head of the family shall bear the funeral expenses if the househelper has no relatives in the place where the head Art 1699 Upon extinguishment of the service relation, the househelper may demand from the head of the family a written statement on the nature and duration of the service and the efficiency and conduct of the househelper.

LABOR - Special Groups of Workers deceased.

Page 9 of 11 of the family lives, with sufficient means therefor. Art 1693 The househelper’s clothes shall be subject to stipulation. However, any contract for household service shall be void if thereby the house helper cannot afford to acquire suitable clothing.

Art 1695 Househelpers shall not be required to work more than 10 hours a day. Every house helper shall be allowed four days vacation each month, with pay.

Sec 3, Rule XIII, Book III The children and relatives of a househelper who live under the roof and who share the accommodations provided for the househelpers by the employer shall not be deemed as househelpers if they are not otherwise engaged as such and are not required to perform any substantial household work. D. Homeworkers

1. Coverage and regulation
Art 153 Art 154 Art 155 DOLE D.O. No. 5 of 1992 (now Rule XIV, Book III, ORR)

2. Definition
Sec 2, D.O. No. 5

3. Registration
Sec 4, D.O. No. 5 Sec 6, D.O. No. 5

4. Conditions of Employment/Deductions
Sec Sec Sec Sec 6, 7, 8, 9, D.O. D.O. D.O. D.O. No. No. No. No. 5 5 5 5

5. Joint and Several Liability of employer/contractor
Sec 11, D.O. No. 5

6. Prohibitions
Sec 13, D.O. No. 5

7. Enforcements
Sec 10, D.O. No. 5

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9. Medical, Dental and Occupational Safety
a. Coverage
Sec 1, Rule I, Book IV, ORR

b. First Aid Treatment
Art 156

c. Emergency Medical and Dental Services
1. When required Art 157 ESCASINAS v SHANGRI-LA’S MACTAN ISLAND RESORT (2009; Ponente) 2. When not required Art 158

a. Employer assistance – Obligation
Sec 161

b. Occupational safety and health standards, training of supervisor/technician
1. When required Sec 5 a, Rule II, Book IV Sec 5 d, Rule II, Book IV 2. When not required Sec 5 e, Rule II, Book IV

a. Enforcement/DOLE obligations
Art Art Art Art Note: • • • 162 163 164 165

Art 166-208 have been repealed by SSS Law of 1997 Art 209 see NHI Law Sec 8, Rule II, Book IV

III. EMPLOYEE CLASSIFICATION
1. Coverage
Art 278

2. Employee classification
a. Employer recognition

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b. Employer determination/designation
PHIL FEDERATION, etc V NLRC (1998; Ponente)

c. Management prerogative
A. Regular Employees

1. Nature of work
POSEIDON FISHING v NLRC (2006; Ponente) PACQUING v COCA-COLA (2008; Ponente) DELA CRUZ v MAERSK FILIPINAS CREWING INC (2009; Ponente)

2. Extended period
TOMAS LAO CONSTRUCTION v NLRC (1998; Ponente)

3. Repeated renewal of contract
BETA ELECTRIC CORP v NLRC (1990; Ponente) A. Project Employees B. Casual Employees C. Fixed-term Employees D. Seasonal Employees E. Probationary Employees