Professional Documents
Culture Documents
Preliminary Title: Memory Aid in Labor Law
Preliminary Title: Memory Aid in Labor Law
PRELIMINARY TITLE
CHAPTER I
GENERAL PROVISIONS
ART 1. NAME OF DECREE
LABOR LEGISLATION - Consists of
statutes,
regulations
and
jurisprudence
governing the relations between capital and
labor, by providing for certain standards of terms
and conditions of employment or providing a
legal framework within which these terms and
conditions and the employment relationship may
be negotiated, adjusted and administered. It is
divided into labor standards and labor relations.
LABOR STANDARDS - Are the minimum
requirements prescribed by existing laws,
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary and welfare benefits,
including occupational safety, and health
standards.
LABOR RELATIONS LAW - defines the
status, rights, and duties and the institutional
mechanisms that govern the individual and
collective interactions of employers, employees
or their representatives.
- The law which
seeks to stabilize the relation between employer
and employee, to forestall and thresh out their
differences through the encouragement of
collective bargaining and the settlement of labor
disputes through conciliation, mediation, and
arbitration.
RELATED LAWS:
1. CIVIL CODE: see Arts. 1700, 1701and 1703
2. REVISED PENAL CODE: Art. 289
3. OTHERS: SSS Law, GSIS Law, Agrarian
Reform Law, the 13th month pay law, the
Magna Carta for Public Health Workers, etc.
RATIONALE :
- The raison d etre of labor laws is the POLICE
POWER of the State
ART 3. DECLARATION OF BASIC
POLICY
The State shall afford protection to labor,
promote full employment, ensure equal work
opportunities regardless of sex, age or creed,
and regulate the relations between workers and
employers. The State shall assure the right of
workers
to
self-organization,
collective
bargaining, security of tenure, and just and
humane conditions of work.
CONSTRUCTION IN FAVOR OF
LABOR CLAUSE -this is with a view to apply
1. Right to Organize
2. Right to Conduct Collective Bargaining
or Negotiation with Management
3. Right to Engage in Peaceful Concerted
Activities including strike in accordance
with law
4. Right to Enjoy Security of Tenure
5.Right to Work Under Humane Conditions
6.Right to Receive a Living Wage
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
MANAGEMENT PREROGATIVE
Except as limited by special laws, an
employer is free to regulate, according to his
own discretion and judgment, all aspects of
employment, including:
HIRING,
WORK
ASSIGNMENTS,
WORKING METHODS, TIME PLACE AND
MANNER OF WORK, TOOLS TO BE USED,
PROCESSES
TO
BE
FOLLOWED,
SUPERVISION OF WORKERS, WORKING
REGULATIONS, TRANSFER OF EMPLOYEES,
WORK
SUPERVISION,
LAY-OFF
OF
WORKERS, AND DISCIPLINE, DISMISSAL
AND RECALL OF WORKERS. (HW5T2PLSD)
ART 6. APPLICABILITY
FARM
EMPLOYERFARM
WORKER
RELATIONSHI
P
- The lease is one
of labor with the
agricultural laborer
as the lessor of his
services and the
farm employer as
the lessee
- The agricultural
worker works for
the farm employer
and for his labor he
receives a salary or
wage, regardless of
whether the
employer makes a
profit.
TENANCY
RELATIONSHIP
- It is the landowner
who is the lessor
and the tenant the
lessee of
agricultural land
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
CHAPTER II
EMANCIPATION OF TENANTS
(Note: not included as per SC Memo)
ART 7-11
-
EXCEPTIONS:
-
BOOK ONE
PRE-EMPLOYMENT
TITLE I
RECRUITMENT AND PLACEMENT OF
WORKERS
CHAPTER I
GENERAL PROVISIONS
ART 13. DEFINITIONS
WORKER -any member of the labor force,
whether employed or unemployed
DOCUMENTATION OF WORKERS:
1. Contract Processing workers hired thru the
POEA shall be issued the individual
employment contract and such other
documents as may be necessary for travel
2. Passport Documentation
3. Visa Arrangement
JURISDICTION TRANSFERRED TO
THE LABOR ARBITERS OF THE NLRC :
a. claims arising out of an employer-employee
relationship or by virtue of any law or
contract involving Filipino workers for
overseas deployment including claims for
actual, moral, exemplary and other forms of
damages.
Venue Money claims or claims for damages
should be filed before the Regional Arbitration
branch of the NLRC where the complainant
resides or where the principal office of the
respondent/employer is situated, at the option of
the complainant.
Compromise Agreement - Consistent with
the policy encouraging amicable settlement of
labor disputes, Sec 10, RA 8042 allows
resolution by compromise of cases filed with the
NLRC.
PREMATURE
TERMINATION
OF
CONTRACT - Where the workers employment
contract is terminated long before its agreed
termination date, and the termination is not
shown to be based on lawful or valid grounds,
the employer will be ordered to pay the workers
their salaries corresponding to the unexpired
portion of their employment contract. (Tierra
Intl Construction Corp. vs. NLRC).
HOWEVER, under R.A. 8042, if the illegal
dismissal took place on or after July 15, 1995,
the illegally dismissed overseas worker shall be
entitled to the full reimbursement of his
placement fee with interest at the rate of 12%
per annum plus salary for the unexpired
portion of his employment contract or for 3
mos. for every year of the unexpired term
whichever is LESS.
-
MINIMUM EMPLOYMENT
CONDITIONS OF OVERSEAS
EMPLOYMENT:
1. Guaranteed wages for regular working hours
and overtime pay for services rendered
beyond regular working hours in accordance
with the standards established by the
Administration
2. Free Transportation from point of hire to site
of employment and return;
3. Free emergency medical and dental
treatment and facilities;
4. Just causes for termination of the contract or
of the services of the workers;
5. Workmens compensation benefits and war
hazard protection;
6. Repatriation of workers remains and
properties in case of death to the point of
hire, or if this is not possible the possible
disposition thereof
7. Assistance on remittance of workers
salaries, allowances or allotments to his
beneficiaries; and
8. Free and adequate board and lodging
facilities or compensatory food allowance at
prevailing cost of living standards at the
jobsite.
MANDATORY REMITTANCE
REQUIREMENTS:
1. Seamen or mariners: 80% of the basic
salary;
2. Workers for Filipino Contractors and
Construction Companies: 70% of the basic
salary;
3. Doctors, engineers, teachers, nurses, and
other professionals whose employment
contract provide for lodging facilities: same
as #2
4. All other professionals without board and
lodging: 50% of the basic salary;
5. Domestic and other service of workers; 50%
of the basic salary.
CHAPTER II
REGULATIONS OF RECRUITMENT
AND PLACEMENT ACTIVITIES
ART 29. NON-TRANSFERABILITY OF
LICENSE OR AUTHORITY
-
PROHIBITED PRACTICES:
(CFGIIEOFSBWF)
C
F
G
I
O
F
S
B
W
CHAPTER III
MISCELLANEOUS PROVISIONS
F
F
(b)
PROHIBITION
EMPLOYMENT OF ALIENS
AGAINST
EXCEPTIONS
PROHIBITION:
a.
b.
TO
PRESCRIPTIVE PERIOD
Illegal Recruitment cases under RA 8042 shall
prescribe in five (5) years Provided, however,
That illegal recruitment cases involving
economic sabotage shall prescribe in twenty
(20) years.
TITLE II
EMPLOYMENT OF NON-RESIDENT
ALIENS
ART 40. EMPLOYMENT PERMIT OF
NON-RESIDENT ALIENS
THE
BOOK TWO
HUMAN RESOURCES
DEVELOPMENT
TITLE I
NATIONAL MANPOWER
DEVELOPMENT PROGRAM
CHAPTER I
NATIONAL POLICIES AND
ADMINISTRATIVE MACHINERY FOR
THEIR IMPLELENTATION
ART 45. DEFINITIONS
MANPOWER - that portion of the nations
population which has actual or potential
capability to contribute directly to the production
of goods and services.
ENTREPRENEURSHIP - training for selfemployment or assisting individual or small
industries within the purview of this the LC.
TITLE II
TRAINING AND EMPLOYMENT OF
SPECIAL WORKERS
CHAPTER I
APPRENTICES
Types of Special Workers:
APPRENTICES
Only employers in highly technical
industries may hire apprentices and only in
apprenticeable
occupations
as
determined by the Sec. Of Labor
1. Apprentice
2. Learners
3. Handicapped
Requisites
APPRENTICESHIP
APPRENTICESHIP AGREEMENT an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
for
VALID
completion of
learnership
4. In case of
pretermination of
the apprenticeship
agreement, the
worker is not
considered as a
regular employee
4. Learner is
considered as a
regular employee
in case of
pretermination of
contract after 2
mos. of training
and the dismissal
is without fault of
learner
5. Highly technical
industries and only
in industrial
occupation
5. Semi-skilled /
industrial
occupations
CHAPTER II
LEARNERS
CHAPTER III
HANDICAPPED WORKERS
APPRENTICESHIP
LEARNERSHIP
1. Practical training on
the job
supplemented by
related theoretical
instruction.
1. Hiring of persons
as trainees in
semi-skilled and
other industrial
occupations which
are nonapprenticeable and
which may be
learned thru
practical training
on the job in a
relatively short
period of time.
2. Practical training
on the job not to
exceed 3 mos.
3. No Commitment to
hire
3. With Commitment
to employ the
learner as regular
employee if he
desires upon
BOOK THREE
CONDITIONS OF EMPLOYMENT
TITLE I
WORKING CONDITIONS AND REST
PERIODS
CHAPTER I
HOURS OF WORK
ART 82. COVERAGE
ELEMENTS
OF
EMPLOYEREMPLOYEE RELATIONSHIP:
1.
2.
3.
4.
Government Employees
Managerial Employees
Field Personnel
Family Members dependent on the
employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result
GOVERNMENT EMPLOYEES - Refers only
to employees of government agencies,
instrumentalities or political subdivisions
and of government corporations that are
not incorporated under the Corporation
Code, meaning those which have original
charters.
PURPOSE
-
SHALL INCLUDE:
1. All time during which an employee is
required to be on duty or to be at a
prescribed workplace; and
2. All time during which an employee is
suffered or permitted to work
PRINCIPLES IN DETERMINING
HOURS WORKED:
1. All hours are hours worked which the
employee is required to give to his employer,
regardless of whether or not such hour are
spent in productive labor or involve physical
or mental exertion;
2. An employee need not leave the premises of
the workplace in order that his rest period
shall not be counted, it being enough that he
stops working, may rest completely and may
leave his workplace, to go elsewhere
whether within or outside the premises of his
workplace;
3. If the work performed was necessary, or it
benefited the employer, or the employee
could not abandon his work at the end of his
normal working hours because he had no
replacement, all time spent for such work
shall be considered as hours worked if the
MEAL PERIODS
1. Should not be less than sixty (60) minutes,
and is time-off/non-compensable
2. Under specified cases, may be less than
sixty (60) minutes, but should not be less
1.
REQUISITES :
1. The employees voluntarily agree in writing to
a shortened meal period and are willing to
waive the overtime pay for such shortened
meal period;
2. No diminution whatsoever in the salary and
other fringe benefits of the employees
existing before the effectivity of the
shortened meal period;
3. Work does not involve strenuous physical
exertion and they are provided with
adequate coffee breaks;
4. The value of benefits is equal with the
compensation due them for the shortened
meal period
5. OT pay will become due and demandable
after the new time schedule; and
6. The arrangement is of temporary duration.
ART 86. NIGHT SHIFT DIFFERENTIAL
NIGHT SHIFT DIFFERENTIAL -Additional
compensation of not less than ten percent
(10%) of an employees regular wage for every
hour of work done between 10:00 PM and 6:00
AM, whether or not this period is part of the
workers regular shift.
-
RATIONALE
- employee is given OT pay because he is made
to work longer than what is commensurate with
his agreed compensation for the statutorily fixed
or voluntarily agreed hours of labor he is
supposed to do.
-
RATIONALE
EXCEPTIONS:
N
U
N
C
CHAPTER II
WEEKLY REST PERIOD
ART 91. RIGHT TO A WEEKLY REST
DAY
-
RATIONALE
-
WHEN
EMPLOYEE
MAY
BE
REQUIRED TO RENDER WORK
ON A REST DAY:
SPECIAL HOLIDAYS
1. All Saints Day -November 1
2. Last Day of the Year-December 31
3. And all other days declared by law or
ordinances to be a special holiday or nonworking day
NOTE: worked = regular wage plus 30%
premium pay
not worked = none
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
REGULAR HOLIDAYS:
1.
2.
3.
4.
5.
6.
7.
whether
worked
of
or
REGULAR
HOLIDAY
SPECIAL
HOLIDAY
- compensable even
- not compensable if
if unworked subject
to certain conditions
unworked
- limited to the 10
enumerated by the
LC
- rate is 130% if
worked
TO
SERVICE
TITLE II
WAGES
CHAPTER I
PRELIMINARY MATTERS
ART 97. DEFINITION
WAGE - the remuneration or earnings,
however designated, capable of being
expressed in terms of money, whether fixed
or ascertained on a time, task, piece, or
commission basis or other method or
calculating the same, which is payable by
an employer to an employee under a
written or unwritten contract of employment
for work done or to be done or for services
rendered or to be rendered and includes
the fair and reasonable value of board,
lodging, or other facilities customarily
furnished by the employer to the employee.
FAIR DAYS WAGE FOR A FAIR DAYS
LABOR - if there is no work performed by
the employee, there can be no wage or
pay unless the laborer was able, willing,
and ready to work but was prevented by
management or was illegally locked out,
suspended or dismissed.
WAGE
- compensation
manual labor
-
Not subject
execution
SALARY
for
to
- denotes higher
degree of
employment
- subject to execution
(Gaa vs. CA)
FACILITIES
SUPPLEMENTS
- Are items of
expense necessary
for the laborers and
his familys
existence and
subsistence
- Constitute extra
remuneration or
special privileges or
benefits given to or
received by the
laborers over and
above their ordinary
earnings wages
- independent of the
wage
- not wage
deductible
3. It
is not due to an error in the
construction /application of a doubtful or
difficult question of law.
-
CHAPTER II
MINIMUM WAGE RATES
ART 100. PROHIBITION AGAINST
ELIMINATION OR DIMUNITION OF
BENEFITS
LEGAL REQTS. BEFORE FACILITIES
CAN BE DEDUCTED FROM THE
EMPLOYEES WAGES:
1. Proof that such facilities are customarily
furnished by the trade ;
2. Voluntarily Accepted in writing by the
employee
3. Charged at Fair & Reasonable Value
THE NON-DIMINUTION RULE -the benefits
being given to employees cannot be taken
back or reduced unilaterally by the
employer because the benefit has become
part of the employment contract, written or
unwritten.
COVERAGE:
- All rank-and-file employees regardless of their
designation or employment status and
irrespective of the method by which their wages
are paid, are entitled to this benefit, provided,
that they have worked for at least one (1)
month during the calendar year.
FORMS:
1.
2.
3.
4.
Christmas bonus
midyear bonus
profit sharing payments; and
other cash bonuses amounting to not less
than 1/12 of its basic salary.
CATEGORIES OF PIECE-RATE
WORKERS:
1. those who are paid piece rates
prescribed in Piece Rate Orders by
DOLE
2. Those who are paid output rates which
prescribed by the employer and are not
approved by the DOLE
WORKERS PAID ON PIECE-RATE BASIS shall refer to those who are paid a standard
amount for every piece or unit of work produced
that is more or less regularly replicated, without
regard to the time spent in producing the same.
CHAPTER III
PAYMENT OF WAGES
ART 102. FORMS OF PAYMENT
EMPLOYER CANNOT PAY HIS
WORKERS BY MEANS OF:
1.
2.
3.
4.
5.
6.
7.
promissory notes
vouchers
coupons
tokens
tickets
chits
or any object.
EXCEPTIONS:
1. When payment cannot be effected at or near
the place of work by reason of deterioration
of peace and security
2. When the employer provides for free
transportation to the employees back and
forth;
3. And under analogous circumstances
-
GENERAL RULE:
-
EXCEPTIONS:
- checks or money orders may be paid if:
1. the same is customary on the date of
effectivity of the LC;
2. necessary because of special
circumstances; or
3. as stipulated in the CBA
ART
TO WHOM PAID
EXCEPTIONS:
a. in
case
of
force
majeure/special
circumstances, payment may be made
through another person under written
authority where the worker has died, the
b. employer may pay the wages of the
deceased worker to the heirs of the latter,
through the Secretary of Labor or his
representative, without the necessity of
intestate proceedings, after the heirs have
executed an affidavit attesting to their
relationship to the deceased and the fact
that they are his heirs to the exclusion of all
others
standards, free exercise of the right to selforganization, security of tenure and social
and welfare benefits.
-
JOB
C
O
NT
R
A
CT
IN
G
1. No E- E
relationship exist
between
employer and the
contractors
employee except
when the
contractor or
subcontractor
fails to pay the
wages of his
employees
1. Employer is treated
as direct employer
of the person
recruited in all
instances
2. liability is limited
to unpaid wages
and other labor
standards
violations
3. Permissible
3. Prohibited by law
4. Contractor has
substantial capital
or investment
4. Contractor has no
substantial capital/
investment
CHAPTER IV
PROHIBITIONS REGARDING WAGES
ART 112. NON-INTERFERENCE IN
DISPOSAL OF WAGES
In relation to the Civil Code:
Art. 1705. The laborers wages shall be paid in
legal currency.
Art. 1706. Withholding of the wages except for
a debt due, shall not be made by the employer
Art. 1707. The laborers wages shall be a lien
on the goods manufactured or the work done.
Art. 1708. The laborers wages shall not be
subject to execution or attachment except for
debts incurred for food, shelter, clothing, and
medical attendance.
Art. 1709. The employer shall neither seize nor
retain any tool or other articles belonging to the
laborer.
SSS Payments
MEDICARE
Contributions to PAG-IBIG Funds
value of meals and others
payments to third persons with employees
consent
6. deduction of absences
W/OUT EMPLOYEES CONSENT:
1. Workers insurance acquired by the employer
2. Union Dues, where the right to check-off has
been recognized by the employer
3. Cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor
4. debts of the employee to the employer which
have become due and demandable
CHAPTER V
WAGE STUDIES, WAGE
AGREEMENTS AND WAGE
DETERMINATION
ART 122. CREATION OF THE
REGIONAL TRIPARTITE WAGES AND
PRODUCTIVITY BOARDS
Unionized Establishment
1. Negotiate to correct the distortion.
2. Any dispute arising therefrom should be
resolved through grievance procedure under
their CBA.
3. If the dispute remains unresolved, through
voluntary arbitration.
Establishments without Unions
1. The employers and workers shall endeavor
to correct the distortion.
2. Any dispute arising therefrom shall be
settled through the NCMB and
3. If it remains unresolved after 10 days of
conciliation, it shall be referred to the NLRC.
-
CHAPTER VII
ADMINISTRATION AND
ENFORCEMENT
ART. 128. VISITORIAL AND
ENFORCEMENT POWER
ART. 129. RECOVERY OF WAGES,
SIMPLE MONEY CLAIMS AND OTHER
BENEFITS
-
REQUISITES :
1. The claim is presented by an employee or
person employed in domestic or household
service or househelper;
2. The claim arises from employer-employee
relations;
3. The claimant does not seek reinstatement;
and
4.
The aggregate money claim of each
employee or househelper does not exceed
P5, 000.00
-
ART 128
ART 129
1. Visitorial and
enforcement
power of the
Secretary of
Labor /his duly
authorized
representatives
exercised through
routine
inspections of
establishments
1. Power of the
Regional Director or
any duly authorized
hearing officers to
hear and decide
matters involving
the recovery of
wages, upon
complaint of any
interested party
2. requires the
existence of E-E
Relationship
3. No limit as to
amount of claim
3. Aggregate claim of
each complainant
does not exceed
P5,000
4. Appeal is with
Sec.of Labor ;
period of appeal
is 10 calendar
days
5. Person exercising
the power is the
Sec. Of Labor or
any of his duly
authorized
representatives
who may or may
not be a regional
director
5. The power is
vested upon a
regional director or
any duly authorized
hearing officer of
the DOLE.
TITLE III
WORKING CONDITIONS FOR
SPECIAL GROUP OF EMPLOYEES
CHAPTER I
EMPLOYMENT OF WOMEN
ART 130. NIGHTWORK PROHIBITION
-
ART.
BENEFITS
133
MATERNITY
LEAVE
REQUISITES :
CONDITIONS :
2.
1. he is an employee at he time of the delivery
of his child;
2. he is cohabiting with his spouse at the time
she gives birth or suffers a miscarriage;
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a
miscarriage
-
ART
135.
PROHIBITED
-
3.
DISCRIMINATION
OF
Acts of Discrimination:
CHAPTER II
EMPLOYMENT OF MINORS
b.
c.
employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
There is a written contract approved
by the DOLE; and
The conditions prescribed for the
employment of minors {above stated}
are met.
HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the
workers
to
dangerous environmental
elements, contaminants or work conditions;
2. Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock
work,
deep-sea
fishing,
and
mechanized farming;
3. Where the workers are engaged in the
manufacture or handling of explosives and
other pyrotechnic products;
4. Where the workers use or are exposed to
heavy or power-driven machinery or
equipment; and
5. Where the workers use or are exposed to
power-driven tools,
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:
1. minimum cash wage
2. non-assignment to non- household work
3. opportunity for education: if under 18 (cause
of education part of compensation)
4. board/ lodging, medical attendance
5. just and humane treatment
6. indemnity for unjust termination of services
7. just causes for termination
8. right not to be required to work more than 10
hours a day
9. for days vacation each month
10. to regular wages if employed in industrial or
commercial or agricultural undertaking
11. funeral expenses must be paid by employer
if the househelper has no relatives with
sufficient means in the place where the head
of the family lives.
12. at least elementary education
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS
INDUSTRIAL HOMEWORK - a system of
production under which work for an employer or
contractor is carried out by a homeworker at his
home.
INDUSTRIAL HOMEWORKER - a worker
who is engaged in industrial homework
BOOK FOUR
HEALTH, SAFETY AND SOCIAL
WELFARE BENEFITS
TITLE I
MEDICAL, DENTAL AND
OCCUPATIONAL SAFETY
CHAPTER I
MEDICAL AND DENTAL SERVICES
ART 156. FIRST-AID TREATMENT
FIRST-AID TREATMENT adequate,
immediate, and necessary medical and dental
attention or remedy given in case of injury or
illness suffered by a worker during employment,
irrespective of whether or not such injury or
illness is work-connected, before
a more
extensive medical and/or dental treatment can
be secured.
FIRST AIDER any person trained and duly
certified as qualified to administer first aid by the
Phil. National Red Cross or by any other
organization accredited by the former.
TITLE II
EMPLOYEES COMPENSATION AND
STATE INSURANCE FUND
WORKMENS COMPENSATON- A general
and comprehensive term applied to those laws
providing for compensation for loss resulting
from the injury, disablement or death of a
workman through industrial accident, casualty or
disease.
COMPENSATION - Money relief afforded
according to the scale established under the
statute as differentiated from compensatory
damages recoverable in an action at law for
breach of contract or for tort.
WORKMENS
COMPENSATION
ACT
EMPLOYEES
COMPENSATION
LAW
1. There is a
presumption of
compensability
1. no presumption of
compensability
2. there is a
presumption of
aggravation
2. no presumption of
aggravation
4. payment of
compensation
made by the
employer
4. payment of
compensation
made by SSS/GSIS
through the State
Insurance Fund
2.
4. SPECIAL
7. POSITIONAL
AND
LOCAL
RISKS
DOCTRINE If an employee by reason of
his duties is exposed to a special or peculiar
danger from the elements, that is, one
greater than that to which other persons in
the community are exposed and an
unexpected injury occurs, the injury is
compensable
CHAPTER II
COVERAGE AND LIABILITY
ART 168. COMPULSORY COVERAGE
-
ART 170.
COVERAGE
EFFECTIVE
DATE
OF
1.
2.
3.
4.
CHAPTER VI
DISABILITY BENEFITS
DISABILITY CATEGORIES:
TEMPORARY TOTAL - if as a result of the
injury or sickness, the employee is unable to
perform any gainful occupation for a continuous
period not exceeding 120 days
PERMANENT TOTAL - if as a result of the
injury or sickness, the employee is unable to
perform any gainful occupation for a continuous
period exceeding 120 days
PERMANENT PARTIAL - if as a result of the
injury or sickness, the employee suffers a
permanent partial loss of the use of any part of
his body.
DEATH BENEFITS
DEPENDENTS:
1. the legitimate, legitimated, legally adopted or
acknowledged natural child who is
unmarried, not gainfully employed and not
over 21 years of age or over 21 years of
age provided that he is incapable of selfsupport due to a physical or mental defect
which is congenital or acquired during
minority
2. legitimate spouse living with the employee
3. the parents of said employee wholly
dependent upon him for regular support
BENEFITS
SECONDARY BENEFICIARIES
a. Illegitimate
children
and
legitimate
descendants
b. parents, grandparents, grandchildren
BOOK FIVE
LABOR RELATIONS
TITLE I
POLICY AND DEFINITIONS
ART 211. DECLARATION OF POLICY
PARTIES TO A DISPUTE:
1. Primary Parties employer, employees,
union
2. Secondary Parties voluntary
arbitrator,
agencies of DOLE (BLR, NLRC, VAC, Sec.
Of Labor, Office of the President)
CONSULTATION ON POLICIES OF
MANAGEMENT AND OF THE EMPLOYER
-
PURPOSES OF LABOR
ORGANIZATIONS:
1. for collective bargaining; and
2. for mutual aid and protection.
TITLE II
NATIONAL LABOR RELATIONS
COMMISSION
CHAPTER I
CREATION AND COMPOSITION
ART. 213. NATIONAL LABOR
RELATIONS COMMISSION
TRIPARTISM
- Five (5) divisions of NLRC.
- Three (3) sectors are represented in the
composition of the NLRC.
- each division (3 commissioners) will
have representative from the
following :
its
CHAPTER II
POWERS AND DUTIES
ART 217. JURISDICTION OF LABOR
ARBITERS AND THE COMMISSION.
a. Except as otherwise provided under this
Code the Labor Arbiters shall have original
and exclusive jurisdiction to hear and
decide, within 30 calendar days after the
submission of the case by the parties for
decision without extension, even in the
a. Rule-making power
b. Power to issue compulsory
processes
c. Power to investigate matters
and hear disputes within its
jurisdiction
d. Contempt power
e. Power to issue injunctions and
Restraining Orders
to
the
CHAPTER III
APPEAL
-
TITLE III
BUREAU OF LABOR RELATIONS
ADMINISTRATIVE FUNCTIONS OF
THE BLR:
1. The regulation of registration of the labor
unions;
2. The keeping of a registry of labor unions;
and
3. The maintenance of a file of CBAs.
NATIONAL CONCILIATION
MEDIATION BOARD:
-
AND
CHAPTER I
REGISTRATION AND CANCELLATION
REQUIREMENTS OF A VALID
QUITCLAIM:
1. The quitclaim must be voluntarily arrived at
by the parties;
2. It must be with the assistance of the Bureau
of Labor Standards, Bureau of Labor
Relations of any representative of the
DOLE; and
3. The consideration must be reasonable.
-
An unregistered CBA
certification election.
does
not
bar
TITLE IV
LABOR ORGANIZATIONS
REASON
FOR
REQUIREMENT
OF
REGISTRATION it is a condition sine qua non
for the acquisition of legal personality by labor
organizations, associations or unions, and the
possession or the rights and privileges granted
by law to legitimate labor organizations
REQUIREMENTS
BEFORE
FEDERATION CAN BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
4.
5.
6.
OF
ART
239.
CANCELLATION
REGISTRATION.
GROUNDS
FOR
OF
UNION
8.
9.
10.
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS
OF MEMBERSHIP IN A
LABOR ORGANIZATION
The record
President.
shall
be
attested
by
the
for
the
EXCEPTIONS :
1. For mandatory activities provided under
the Code; and
2. When non-members of the union avail of
the benefits of the CBA.
- said
non-members
may
be
assessed union dues equivalent to
that paid by members
- only by a Board Resolution
approved by majority of the
members in a general meeting
called for the purpose
CHAPTER III
RIGHTS OF LEGITIMATE LABOR
ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE
LABOR ORGANIZATIONS
RIGHTS OF A LEGITIMATE LABOR
ORGANIZATION:
1.
2.
3.
4.
5.
EFFECT OF CANCELLATION OF
REGISTRATION IN THE COURSE OF
PROCEEDINGS;
-
TITLE V
COVERAGE
ART. 243. COVERAGE AND
EMPLOYEES RIGHT TO
SELF ORGANIZATION
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITH A CHARTER
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
CHARTER
1. Employees cannot
stage strikes since
they are governed
by the Civil
Service Law. They
are enjoined by
Civil Service
Memorandum
Circular No. 6,
under pain of
administrative
sanctions, from
staging strikes,
demonstrations,
mass leaves, walkouts and other
concerted
activities.
1.The GOCC is
created under
Corporation Code,
then employees are
covered by the
Labor Code.
Therefore the
employees have the
same rights as
those as employees
of private
corporations, one of
which is the right to
stage strikes.
2.Corporations with
original
charters
cannot bargain with
the
government
concerning
the
terms
and
conditions of their
employment.
However, they can
negotiate with the
government
on
those terms and
conditions
of
employment which
are not fixed by law.
Thus, they have a
2. The GOCC is
created
under
Corporation
Code,
being governed by
the Labor Code, they
can bargain with the
government
concerning the terms
and conditions of
their employment.
Thus, they have an
unlimited bargaining
rights.
limited bargaining
rights.
selections of personnel to
seminar, trainings. Study grants
distribution of work load
external communication linkages
attain
RATIONALE : GOCCs
INCORPORATED UNDER THE CORP.
CODE ALLOWED TO ORGANIZE:
1. they are not involved in public service
appointments
promotion
assignments/details
reclassification/upgrading of position
revision of compensation structure
penalties imposed as a result
disciplinary actions
of
of
EMPLOYEES COVERED BY
RIGHT TO SELF- ORGANIZATION:
1.
2.
3.
-
THE
Commercial
Industrial
Agricultural enterprises, including:
charitable
religious
education or
medical institution
Self- employed
Without definite employers
Ambulant
Intermittent and Itinerant
Rural worker
5. Confidential employees
6. Cooperative members
employees
-
who
are
also
ART
245.
INELIGIBILITY
OF
MANAGERIAL EMPLOYEES TO JOIN
ANY LABOR ORGANIZATION; RIGHT OF
SUPERVISORY EMPLOYEES.
Reason for ineligibility in the collective
bargaining process, managerial employees are
supposed to be on the side of the employer, to
act as its representatives, and to see to it that its
interests are well protected. The employer is not
assured of such protection if these employees
themselves are union members.
ART. 246.
THE RIGHT TO SELF-ORGANIZATION
SHALL NOT BE ABRIDGED MEANS:
It shall be unlawful for any person to:
restrain,
coerce,
discriminate against, or
unduly interfere
with employees and workers in their
exercise of the right to self-organization.
(Art. 246)
Any act intended to weaken or defeat the
right is regarded by law as an offense, which is
technically called unfair labor practice.
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
ART. 247 UNFAIR LABOR
PRACTICES
NATURE
PRACTICES:
OF
UNFAIR
LABOR
the
be
be
but
the
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
ART 248. ULP THAT MAY BE COMMITTED
BY AN EMPLOYER
1. To interfere with, restrain or coerce employees
- in the exercise of their right to selforganization;
2. To require as a condition for employment
that a person or an employee
- shall not join a labor organization or
TEST OF DISCRIMINATION:
a.
UNION
SECURITY
DIFFERENT KINDS OF
SECURITY ARRANGEMENTS:
UNION
3. MAINTENANCE
OF
MEMBERSHIP
CLAUSE - the agreement DOES NOT
require non-members to join the contracting
union BUT provides that those who are
members thereof at the time of the
execution of the CBA and those may
thereafter on their own volition become
members must for the duration of the
agreement maintain their membership in
good standing as a condition for continued
employment in the company for the duration
of the CBA.
4. PREFERENTIAL SHOP AGREEMENT The employer agrees to give preference to
the members of the bargaining union in
hiring or filing vacancies and retention in
case of lay-off. But the employer has the
right to hire in open market if union
members are not available. Usually,
descendants (children) are also given
preference in employment.
5.
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
ART. 249. UNFAIR LABOR PRACTICES
OF LABOR ORGANIZATIONS
a. To restrain or coerce employees in the
exercise of their right to self-organization.
However, a labor organization shall have the
right to prescribe its own rules with respect
to the
acquisition or retention of
membership;
b. To cause or attempt to cause an employer to
discriminate against an employee, including
discrimination
c. To violate the duly or refuse to bargain
collectively with the employer provides that it
is the representative of the employees;
d. To cause or attempt to cause an employer to
pay or deliver or agree to pay or deliver any
money or other things of value, in the nature
of an exaction, for services which are not
performed or not to be performed, including
the demand for a fee for union negotiations;
e. To ask for a accept negotiation or attorneys
fees from employers as part of the
settlement of any issue in collective
bargaining or any other dispute; or
f. To violate a collective bargaining agreement.
NOTE: Violation must be gross with respect to
economic provisions of the CBA.
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART
250.
PROCEDURE
COLLECTIVE BARGAINING
IN
PROCEDURE IN COLLECTIVE
BARGAINING:
1. Written notice with statement of proposals
2. Reply by the other party
3. In case of differences, either party may
request for a conference
4. If not settled NCMB may intervene and
encourage the parties to submit the dispute
to a voluntary arbitrator
5. If not resolved, the parties may go to where
they want and resort to any other lawful
means.
COLLECTIVE BARGAINING
AGREEMENT- (CBA)
2.
3.
4.
5.
6.
7.
hours of work
grievance machinery
voluntary arbitration
family planning
rates of pay
mutual observance clause
of
the
Interest
THINGS
TO
CONSIDER
DETERMINING THE COMMUNITY
INTEREST DOCTRINE:
IN
OF
MODES
OF
CHOOSING
EXCLUSIVE BARGAINING UNIT:
THE
1. SELECTION
- certification election
nature of
consent election,
it is a separate
and distinct
process and has
nothing to do
with the import
and effect of a
certification
election
EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
2. DESIGNATION
a) voluntary recognition
b) direct certification
VOLUNTARILY RECOGNITION
-
distinct from a
consent election
CERTIFICATION
ELECTION
CONSENT
ELECTION
1. aimed at
determining the
sole and
exclusive
bargaining agent
of all the
employees in an
appropriate
bargaining unit
for the purpose
of collective
bargaining;
1. an agreed one,
its purpose
being merely to
determine the
issue of majority
representation of
all the workers in
the appropriate
collective
bargaining unit
2. separate and
REQUIREMENTS IN ORDER
INVOKE CONTRACT-BAR RULE:
TO
SUBSTITUTIONARY DOCTRINE-- It
means that where there occurs a shift in the
employees union allegiance after the execution
of a collective bargaining contract with the
employer, the employees can change their
agent the labor union, but the collective
bargaining contract which is still subsisting,
continues to bind the employees up to its
expiration date. They, may, however, bargain
for the shortening of said expiration date.
DEADLOCK arises when there is an
impasse which presupposes reasonable effort at
good faith bargaining which, despite noble
intentions, did not conclude in agreement
between the parties.
JURISDICTIONAL PRECONDITIONS
OF COLLECTIVE BARGAINING: (Kiok
Loy Case)
1. Possession
of
status
of
majority
representation
2. Proof of majority representation
3. Clear and unequivocal demand to bargain
collectively
to agree to a proposal or
to make a concession
SUCCESSOR-IN-INTEREST DOCTRINE
occurs when an employer is succeeded by
another employer, the successor-in-interest who
is a buyer in good faith has no liability to
employees in continuing employment and
collectively bargain because they are contracts
in personam, as well as for cases of unfair labor
practice.
TITLE VII- A
(as incorporated by RA 6715)
GRIEVANCE MACHINERY AND
VOLUNTARY ARBITRATION
Will of employees
Affinity and unity of employees interest
Prior collective bargaining history
Employment status, such as temporary,
seasonal and probationary employees.
Lack of jurisdiction
Grave abuse of discretion
Violation of due process
Denial of substantial justice
Erroneous interpretation of the law
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage of work by
the concerted action of employees as a result of
an industrial or labor dispute.
IMPORTANCE
-
ECONOMIC
STRIKE
ULP STRIKE
1. Voluntary strike
because the
employee will
declare strike to
compel
management to
grant its
demands.
1. Involuntary :
labor
organization is
forced to go on
strike because
the ULP
committed
against them by
the employer. It
is an act of self-
defense since
the employees
are being
pushed to the
wall and their
only remedy is to
strike.
decide it or
certify the same to the Commission for
COMPULSORY ARBITRATION.
TOTALITY DOCTRINE:
the culpability of an employers remarks
were to be evaluated not only on the basis of
their implicit
implications, but were to be
appraised against the background of and in
conjunction with collateral circumstances.
-
GENERAL RULE:
-
EXCEPTIONS:
1.
2.
Where there is return-to-work and the
employees are discriminated against.
- -They are entitled to backwages
from the date of discrimination.
RULES IN STRIKES IN HOSPITALS
1. It shall be the duty of striking employees or
locking-out employer to provide and maintain an
effective skeletal workforce of medical and other
health personnel for the duration of the strike or
lock-out.
RULES ON
WORKERS:
REINSTATEMENT
OF
GENERAL RULE
Striking
employees are entitled to reinstatement,
regardless of whether or not the strike was the
consequences of the employers ULP
REASON:
because while out of
strike, the strikers are not considered to have
abandoned their employment, but rather have
only ceased from their labor.
- -The declaration of a strike is NOT a
renunciation of employment relation.
EXCEPTIONS: The following strikers are
NOT entitled to reinstatement:
1. union officers who knowingly
participates in an illegal strike;
and
2. any striker/union member who
knowingly participate in the
commission of illegal acts during
the strike.
ART
265.
BALLOTING
IMPROVED
OFFER
IMPROVED
OFFER
BALLOTING:
a
referendum conducted by the NCMB on or
before the 30th day of the strike, for the purpose
of determining whether or not the improved offer
of the union is acceptable to the union members.
- applies only to economic strikes (bargaining
deadlock)
PURPOSE: to ascertain the real sentiment
of the silent majority of the union members
on strike.
BOOK SIX
POST EMPLOYMENT
TITLE I
TERMINATION
OF
EMPLOYMENT
ART 279. SECURITY OF TENURE
SECURITY OF TENURE is the constitutional
right granted the employee, that the employer
shall not terminate the services of an employee
except for just cause or when authorized by law.
An employee that has been dismissed illegally is
entitled to:
a. Reinstatement
b. Backwages
ART.
EMPOYER
282.
TERMINATION
BY
JUST CAUSES:
1. Serious misconduct or willful disobedience
by the employee of the lawful orders of his
employer or representative in connection
with his work;
2. Gross and habitual neglect by the employee
of his duties;
3. Fraud or willful breach by the employee of
the trust reposed in him by his employer or
duly organized representative;
4. Commission of a crime or offense by the
employee against the person of his
employer or any immediate member of his
STANDARDS
UNDER
EMPLOYER MAY RETRENCH:
WHICH
AN
ART.
285.
EMPLOYEE
TERMINATION
BY
2. Inhuman
and
unbearable
treatment
accorded the employee by the employer or
his representative;
3. Commission of a crime or offense by the
employer or his representative against the
person of the employee or any of the
immediate members of his family; and
4. Other causes analogous to any of the
foregoing.
SEPARATION PAY
In case of termination due to
a) THE INSTALLATION OF LABOR-SAVING
DEVICES OF
b) REDUNDANCY,
- the worker affected thereby shall be entitled
to a separation pay equivalent to at least
one (1) month pay or to at least one (1)
month pay for every year of service,
whichever is higher.
c) RETRENCHMENT TO PREVENT LOSSES
and CLOSURES OR CESSATION OF
OPERATIONS (NOT due to serious
business losses or financial reverses)
- The separation pay shall be equivalent to
one (1) month pay or at least month pay
for every year of service, whichever is
higher.
d) In the case of ILLNESS
- separation pay equivalent to at least one
month salary or to month salary for every
year of service, whichever is greater, a
fraction of at least 6 months shall be
considered one (1) whole year.
NOTE: If CLOSURE is due to severe financial
losses, it is still debatable whether or not
separation pay should be given.
- I f you are able to prove that such portion of
capital (10%) investment has been impaired,
the employer should be exempt for the
payment of separation pay.
GUIDELINES TO DETERMINE THE
VALIDITY OF TERMINATION:
1. Gravity of the offence
2. Position occupied by the employee
3. Degree of damage to the employer
4. Previous infractions of the same offense
5. Length of service
2.
BOOK SEVEN
TRANSITORY AND FINAL
PROVISIONS
TITLE II
PRESCRIPTION OF OFFENSES AND
CLAIMS
ART. 291. MONEY CLAIMS
PERIODS OF PRESCRIPTION
A. MONEY CLAIMS-The prescriptive period is
3 years from the accrual of the cause of
action.
B. ULP -The prescriptive period of filing a case
for ULP is 1 year from the accrual of the
cause of action.
ILLEGAL DISMISSAL
The prescriptive period of filing a case
for illegal dismissal is 4 years from the accrual of
the cause of action. (Art. 1146)
NOTE: The period of prescription mentioned
under Article 281, now Article 292, of the Labor
Code, refers to and is limited to money claims,
all other cases of injury to rights of a
workingman being governed by the Civil Code.
Hence, reinstatement prescribes in 4 years.
POST- EMPLOYMENT
FORMS OF REINSTATEMENT:
PAYROLL REINSTATEMENT
- the employee is merely reinstated in
the payroll.
PERIOD COVERED BY THE PAYMENT OF
BACKWAGES: Backwages shall cover the
period from the date of dismissal of the
employee up to the date of actual reinstatement.
SECURITY OF TENURE: An employer
CANNOT terminate the services of an employee
EXCEPT for a just cause or when authorized by
law.
REQUIREMENTS OF DUE PROCESS
BEFORE AN EMPLOYEE CAN BE REMOVED:
1. written notice to apprise the employee of the
particular acts or omission for which his
dismissal is sought and is hereby
considered as the proper charge;
2. ample opportunity to be employee to be
heard and if the employee so decides, with
the assistance of counsel; and
3. written notice informing the employee of the
employers decision to dismiss him.
Under
the
so-called
WENPHIL
DOCTRINE if just or authorized cause exist but
the affected employees right to due process has
been violated, the dismissal is valid but the
employee is entitled to damages by way of
indemnification for the violation of the right.
On Jan. 27, 2000, the SC in the case of
SERRANO vs. ISETANN et. al. Disregarded
this WENPHIL DOCTRINE and ruled that if the
employees right to due process is violated, his
dismissal becomes illegal regardless of the
existence of a just and authorized cause.
REINSTATEMENT - Restoration of the
employee to state from which one has been
removed or separated without loss of seniority
rights and other privileges.
WHAT HAPPENS IF THERE IS AN ORDER
OF REINSTATEMENT BUT THE POSITION IS
NO LONGER AVAILABLE? If the position
previously occupied by the employee is no
longer available at the time of reinstatement, he
should be given a substantially equivalent
position.
If THERE IS NO SUBSTANTIALLY
EQUIVALENT POSITION: If no substantially
equivalent position is available, reinstatement
should not be ordered because that would in
THE
1.
2.
3.
4.
5.
6.
SPECIAL LAWS
SOCIAL SECURITY SYSTEM
COVERAGE:
Compulsory upon all employees not
over 60 years of age and their employers
In case of domestic helpers, their
monthly income shall not be less than one
thousand pesos
Any benefit already earned by the
employees under private benefit plans existing
at the time of the approval of the Act shall not be
discontinued, reduced or otherwise impaired and
shall continue to remain under the employers
management unless there is an existing
agreement to the contrary
Filipinos recruited by foreign based
employers for employment abroad may be
covered by the SSS on a voluntary basis
Compulsory upon such self- employed
persons as may be determined by the
Commission including but not limited to the
following:
1. all self employed professionals
2. partners and single proprietors
3. actors and actresses directors
4. professional
athletes,
coaches,
trainers
5. individual farmers and fishermen
EFFECTIVE DATE OF COVERAGE:
Shall take effect on the first day
of the operation with respect to the
employer and that of the employee on
the day of his employment
DEPENDENTS:
CIRCUMSTANCES
THAT
AWARD OF BACKWAGES:
PREVENT
EMPLOYER
PERIOD OF ENTITLEMENT
Any person natural or juridical,
domestic or foreign, who carries on in
the Philippines, any trade business,
industry undertaking or activity of any
kind and uses the services of another
person who is under his orders as
regards the employment except the
Government and any of its political
subdivisions,
branches
or
instrumentalities, including corporations
owned or controlled by the Government
Self- employed person shall be both the
employer and employee at the same
time.
EMPLOYEE
Any person who performs
services for an employer in which either
or both mental and physical efforts are
used and who receives compensation
for such services, where there is an
employer- employee relationship.
BENEFICIARIES
The dependent spouse until he or she
remarries, the dependent legitimate,
legitimated or legally adopted and
illegitimate children who shall be the
primary beneficiaries of the member,
PROVIDED
that
the
dependent
illegitimate children shall be entitled to
50% of the share of the legitimate,
legitimated or legally adopted children
In the absence
of the
legitimated, legally adopted or legitimate
children, illegitimate children shall be
entitled to 100% of the benefits.
In their absence, the dependent
parents who shall be the secondary
beneficiaries.
In the absence of all of the
foregoing, any person designated by the
covered employee as secondary
beneficiary
MEDICARE
COVERAGE:
All SSS members are covered under the
Medicare program. Total permanent disability,
unemployed
partial
permanent
disability,
retirement pensioners and survivors of deceased
members of the SSS and their dependents are
also entitled to medical care benefits without
need of additional contributions
GOVERNMENT SERVICE
INSURANCE SYSTEM
COMPULSORY MEMBERSHIP
Compulsory for all employees receiving
compensation who have not reached the
compulsory retirement age, irrespective of
employment status, except members of the
Armed Forces and the PNP, subject to the
condition that they must settle first their financial
obligations with the GSIS and contractuals who
have no employer and employee relationship
with the agencies they serve.
Except for the members of the Judiciary
and constitutional commissions who shall have
life insurance only, all members of the GSIS
shall have life insurance, retirement and all other
social security protection such as disability,
survivorship, separation and unemployment
benefits.
COMPUTATION OF SERVICE
The computation of service for the
purpose of determining the amount of benefits
payable shall be from the date of the original
appointment/ election including
periods of
service at different times under the authority of
the Republic of the Philippines and those that
may be prescribed by the GSIS in coordination
with the Civil Service Commission.
All service credited for retirement,
resignation
or
separation
for
which
corresponding benefits have been awarded shall
be excluded in the computation of service in
case of reinstatement in the service of an
employer and subsequent retirement or
separation which is compensable.
UNEMPLOYMENT OR INVOLUNTARY
SEPARATION BENEFITS
Monthly cash payments equivalent to
50% of the average monthly compensation shall
be paid to a permanent employee who is
involuntarily separated from the service due to
the abolition of his office or position usually
resulting from reorganization.
70 pesos a day.
SURVIVORSHIP BENEFITS:
2. It is a signatory to multilateral
conventions,
declarations
or
resolutions relating to the protection
of migrant workers;
3. It has concluded a bilateral
agreement or arrangement with the
government protecting the rights of
overseas Filipino workers; and,
4. It is taking positive, concrete
measures to protect the rights of
migrant workers.
JURISDICTION
- NLRC
RA 8042 has transferred to the NLRC
the jurisdiction over employer-employee cases
1. Money Claims.-, the Labor Arbiters of
the National Labor Relations Commission
(NLRC) shall have the original and exclusive
jurisdiction to hear and decide, the claims arising
out of an employer-employee relationship or by
virtue of any law or contract involving Filipino
workers for overseas deployment including
claims for actual, moral, exemplary and other
forms of damages.
LIABILITIES
The liability of the principal/employer
and the recruitment/placement agency for any
and all claims under this section shall be joint
and several. The performance bond to be filed
by the recruitment/placement agency, as
provided by law, shall be answerable for all
money claims, or damages that may be awarded
to the workers. If the recruitment/placement
agency is a juridical being, the corporate officers
and directors and partners as the case may be,
shall themselves be jointly and solidarily liable
with the corporation or partnership for the
aforesaid claims and damages.
Such liabilities shall continue during the entire
period or duration of the employment contract
and shall not be affected by any substitution,
amendment or modification made locally or in a
foreign country of the said contract.
POEA
The POEA retains original and exclusive
jurisdiction to hear and decide:
1. all cases which are administrative in
character, involving or arising out of
violations of rules and regulations relating to
licensing and registration of recruitment and
employment agencies or entities; and,
VENUE
A criminal action arising from illegal
recruitment shall be filed with the RTC of the
province or city where the offense was
committed or where the offended party actually
resides at the time of the commission of the
offense. The court where the criminal action is
first filed shall acquire jurisdiction to the
exclusion of other courts.
PRESCRIPTIVE PERIODS
Illegal recruitment cases under this Act
shall prescribe in five (5) years; provided,
however, That illegal recruitment cases involving
economic sabotage as defined herein shall
prescribe in twenty (20) years. (Sec. 12, R.A.
8042)
PROHIBITED
ACTS
IN
THE
RECRUITMENT
AND
PLACEMENT
OF
WORKERS UNDER THE LABOR CODE ARE
RETAINED UNDER THE MIGRANT WORKERS
ACT WITH THE ADDITION OF THE
FOLLOWING:
functioning or administration of
government
employees
organization through acts designed
to place such organization under the
control of the government authority
DFA
DOLE
POEA
OWWA
REGISTRATION
Government
employees
organization shall register with the Civil
Service AND the Department of Labor
and Employment .
COVERAGE
-Applies to all employees of all
branches, subdivisions, instrumentalities and
agencies of the government, including
government- owned or controlled corporations
WITH original charters
All government employees can form,
join or assist employees organizations of their
own choosing for the furtherance and protection
of their interest.
They can also form in
conjunction with appropriate
government
authorities, labor- management committees,
works councils and other forms of workers
participation schemes to achieve the same
objectives.
High- level employees whose functions
are normally considered as policy- making or
managerial or whose duties are of a highly
confidential nature shall not be eligible to join the
organization of rank and file government
employees.
PROTECTION
ORGANIZE
OF
THE
RIGHT
TO
government employees
employees already receiving 13th month pay
household helpers
employees paid purely on commission basis
STATEMENT
OF POLICIES
EMPLOYER
COVERAGE
COMPULSORY
VOLUNTARY
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
EXEMPTED
EMPLOYMENT
1. AFP
2. PNP
3. Contractuals who have no employer
and employee relationship
* Members of the judiciary and the
Constitutional Commissions life
insurance only
BENEFITS
1.
2.
3.
4.
5.
6.
7.
8.
Monthly pension
Dependents pension
Retirement
Death Benefits
Permanent Disability benefits
Funeral
Sickness
Maternity
1.
2.
3.
4.
5.
6.
Life Insurance
Retirement
Disability
Survivorship
Separation
Unemployment
BENEFICIARIES
PRIMARY
SECONDARY
1. Dependent parents
2. Legitimate descendants subject to the
restrictions on dependent children,
the legitimate descendants
CONTRIBUTIONS
1. Employers contributions
2. Employees contribution
3. Government contribution
1. Employers contribution
2. Employees contribution
MODE
OF COLLECTION
PENALTIES
DISABILITIES DEEMED
PERMANENT TOTAL
SYSTEM EXCUSED
FROM LIABILITY
AMOUNT OF FUNERAL
BENEFITS
P12,000.00
WHO PAYS
REMITTANCES?
COVERAGE
NOTICE
REQUIREMENT
P10,000.00
Employer
EFFECT OF
ERRONEOUS
PAYMENT
DISPUTE SETTLEMENT
1.
2.
3.
4.
exceptions)
Employer to record the same in
logbook within 5 days from notice.
Employer to notify SSS or GSIS
within 5 days from recording in
logbook.
1.
2.
3.
4.
Grievance Machinery
1. Interpretation or
implementation of the
CBA
2. Interpretation or
enforcement of
company personnel
policies
Voluntary Arbitration
1. Unresolved Grievances
2. Agreement on other
labor dispute(Bargaining
deadlock, ULP)
Labor Arbiter
(UTRCCC-M)
1. ULP
NLRC
1. Appellate jurisdiction
over Labor Arbiters
2. Termination Disputes
2. Injunction
3. Reinstatement-with
cases involving wages
3. Contempt
4. Claims of damages
arising from E-E
relationship
5. Cases involving
prohibited acts in strikes
(ART. 264)
6. Claims arising from E-E
relationship including
those of domestic
service, involving
amount exceeding
P5,000.0
7. Migrant Worker Cases