‘wv 13812008 CENTRALIZED BAR OPERATIONS Definition of Torms. Employer - any person, natural, juridical, domestic or foreign, who carnes on in the Pritippines, any trade, business, industry, undertaking or activity of any Kind and uses the Services of, another person who 1s under his ondary as recards the employment except Goverment and'any of its potivcal subdivisions, branches — or instrunentatities, including corporations owned or continlied ty the Government. Employee » Any person who performs services for aus employer in which wither or nol mental and Physical efforts are used and who receives compensation for such sarvices, where (here is an employer-employee reiationshig, Self-employed ~ any person whose income is ot derived from employment; shail be both the employer and employee at the sare time. Dependents: 1” The legal spouse entitled by law'to receive support from the member; The legitimate, legitimated or legally adopted and ilegitimate child whe is unmarried, not gaintuly employad and has nol ‘eached iwanly-one ‘(21) years of age,” he ‘congenitally jincapacitated or while stil 9 minor hasbeen prnuanenty incapackated and incapable of selt-support, physically and mentally: and 3. The parent who Is receiving regular support from the member. TXECUTWE comMATYES: ERUERT CALVIN ABIGAN overal chair wn cha acadanves operons air for opera eS vein va yea Componsatione All. xetual “romunération- for empinyment. including 1e mandated, costo. tving allowance, a8 well as the cash yale of any reiouneratian paid in any medium othr than ash." excopt iat part of the remuneration in excess of the maximum salary sad Employment” Any servies performed by an enijilope for his employer Beuwliciaries ~ The dejendent spouse until he or she remarties,. the dependent legiiriate legimvated or legally adgpled yand tlegtinaate iildrun who shak be the primary benefiiaries Of, the meme, 3: 1. provived thal the dependént Wegitmate ciildren stall be entlied to 60% of the share of the legitimate, iegitimated or legaly adopied chitdrea, : 2 provided further, Inthe absence of the iugitmated, legaiy adopted or legit: ate chvdren, legiimete children shall be entitled to 100% of the beneti's 3) fy hae anagoey, a slpenden. pret who shal eee Bees: ana in, tha febsento sor ‘att porson designated, ty the.co 9 second at beni ey coi ney ner int , " et SAANOIO AUEL SA TOS chal ate opurationsy GRACE SARAK THA ie JUAN CARLOS NUESTRO shaw for ace MAL ANGELIC LANG wie chal lr Sere RNSTINE ANNABELLE FOS, ‘crc for hasce, RIEEWE MINA ACOSTA vu stat for ep, ACE Ia" GONCEE ION we ca or ages ‘wonmaa tas MWINELL MARTINEZ ode chr, AIGA, CAMILLE P2zAKO casa sje anes, ROWVE-LILAGAN lor lations, WAIGHA MEDINA soe aps urns: Ceca Werte, Sean Gusnsuesa, ta Cato, Aeewe Coyayab Ket Cones, flee Lorain, sven Ur, llr Win, stun Mcaiveg ue Rlgha, oy beiangeey, Ci AAAIGR OEMA FUNETE a, (RAK HATRINA REYES taser ‘Ong Rik Peo, Ara Reyes, Pals hedge, our Saabeah, Cte Sama As "ine apm Suing, Suh Tangiec, Chari Teves, Krave Tapas, ‘ola Varese, Grace Win Ma Sts AaSoin Beds College of Bow Limitations . ne anett earn by the employ ea under Ary te enatk pirne extaling a he thve of Bt eal et the. Aah aha cote discontinued, red.,ced or otherwise Impaired b.. Existing private phiits shall be Integrates. with the £88 but if the employer under such plan tre gnvbuting move tnen what 6 required by ThiAel ne ahah nay fo thy 885 the amon required to him, und he ‘shall conunive with his contributions fess the amount pard to Bssn : e Anpohanged, adjustment, medifentiony, Ary aon at ierproveniants inthe oonetts at mcaliny. prvato. pian afer tho tgraion shal be" sutjct to agreanents Pee the employers ang the empbyees concerned; and The private benefit pian which the employer shall continue fo’ his employees shalt remain IRur the emloyer's management. 20d contro! unless there is.an existing agreement fo the ventory, 4. Upon such self-employed persons 2s may be determined by the Commission including bu! not limited to the following (Bec: B.A): (PEAT) 3. All self-employed Professionals; ‘b._ Parlnors and single proprietors, ¢. Actors and actresses, directors, Seriptwriters and) news tofrespandents who do not fall “within the definiion of the term femployee in Section é(d} af ts Act; 4, Profassional Athletes, coaches, Jrainers, and jockeys; and fe individual Earmers and fishermen. B. Voluntary 4, Spouses’ who,” dévote full tine to thanaging., he. Household end farsiy sy affaires (Seo), 900) Filipinos errployed qoroad recruited by “foreign-uastd employers (Se.9 (0), 3. Persone. ee 2relo' from employment 0 right to full benefits, (Ser ‘4. 'Selhemploy2d ‘vho realizes no Income for a certain month (Soo. 17-A). © By Agreement ‘Any foreints government, Intemational organization, of thelr whoiy-owned inatramentality” employing workers 1 the Philiprines,.may -enter into an agreement wath the Philipaine government for the inclusion of such employees in the SSS ee MEMORY AND IN LAGOR LAW], 239. except thasa already covered by / thelr respective civll service retirement systems: Effect! Data of Covarnga (Sec. 10) +. Employor~ of ttet day of his »peration 2. Employee» on the day of his employment 5. Selkemployd = upon his registration with 388. * Effects of Separation’ from Cmiployment (Sec.11) : (pee mployer’s contribution _on_ his * account * ceases; " 2, Employee's obligation to, contribute, also jeases at the end of the month of ‘separation; and 3. Emptoyee | shall ba ccadited with all contribution pale on Ris bela’ ond entitiod to bensfit according tgthe “provisions of this fel any Effects of Interruption. of Business or Professional Income of .. Self-Employed Individual 1 He shall nat he required to pay. contributions for that month 2. Howevor, he may be aloyied to continue paying conirhutions under the game rules Spoitcable to a Separated covered employee member. Exchided Employment (Sec. 80) ‘an alien vessel by a2 employee If he is employed when such vessel 1S outside the 3. Service petormed. in the employ: ‘of the nipping parerogstumentally oF Sete oo ens as OS uS30i Br average monthly salatY’ credit “plus 2% of avorage ~T59140 |2009 CENTRALIZED BAR OPENAriONS menthly salary. cravit foreach credited year of service in excess of 10 years, 8. 40% monthly salary creett; ang © P-4,000 provided that the monthly Pension shail in no case ve paid for an aggregate amount of less than 69 montis For members wilh at east 10 years credited service, the minimum persion shall be F 1,200; and % For members with at least 20 years credited service, the minimum pansion nal be P-2,400, Depundent’s Pansion (Sec. 12-A) Equivalant to 10% ef monthly pension or 260, whichever is higher; 2. Payable of account of deaths, perma total disabiliy or retirement; and 3, Payable to each conceived child on or before the date of contingency but not exceeding five (6) dapancents beginning fror.1 the youngest with preference on legitimate children, All. Retirement Benefits (See.12-8) ‘A member who has paid at least 120 ‘monthly contributions prior tothe somester of retirement shail be entiled {0 monthly pansion a3 long as he ives, provided that: @. He has reached the ago inf sixty (60) years and is already separated from employnient or has ceased 10 be self-omployed; or b. He has reaclied the age of sixty-five (65) years, Note: Mamber has the ootion to receive tis 1" eighteen (18) montily pansion in lump sum at i preferential rate of interest as datoumined ty the SSS, 2. Accoverad mambar who ie sixty (G0) years old but was not able fo contribute at lecst 120 monthly contribution pror to the semester of his retirement shall stil: ie entitled to a lump sum boneft equal to the total contripution pald by him and on his behalf, PROVIDED, he is separated trom umpioyment and’ ig net eontinuls 3 Payinent of contributions to the SSS on bis own, Upon Death of Ratirod Member (Suc.12-8(4)) 1. ils primary beneficiaries as af the date of hie elirement sha’! be entited to receive the ponthly pension; and : s50n Meda College of Has . 2 if te has no primary beneficiaries and he dies within sixty (00) munths from the: start of ‘his monthly pension, secondary beneficiaries shall be entitled to @ lump sum benefit equivalent to the otal’ monthly. pensions corresponding tc the balance of the tive= year guaranteed period, excluding the dor endents’ pension. Suspension of Monthly Pension Upoli the re-employment or fesurtpion of self employment of @ retired employes who is less than sixty-five (65) yours ct, 8. Death Benefits’ and Permanent Disability Bonefits (Sec. 13 and Suc.13-A) "| Permanent “otal disability ‘Wieiiber Fas paid at least 36 ‘month en'bulsne. Monthiy Refision oe Br eimay amber Berets all be King sum ‘uivalontio the monthly pension tines the numbar of ‘onthiy cenrioutions pair to SSS oF 12 times the monthiy pension, whichever is highe deceased has 2 the ne primary Donetcires, his secondary beneliclaties shat be entiled to tump sum kensft equivalent 10.26 Aonthiy ponsrone f Death of Rermiajent Totglaisanuity sfenatmeaetniiou, [pe ees Han Of sc ee gee Sh pani pahaed ah et land i a eae tee 2 Seckelloaael br insanity: dndSan Feds College ot Lato 8 Such cases as clalermined and approved by the SSS. Funeral Benefits (S¢0.13-8) Tn cave of death of any member, @ “uneral grant equivalent t9 F. 12,000 shalt be pale in cash or in kind 1) nelp etray the cost of funeral exoenses, Sickness Benofiis (Sec. 14) A daily sickness benefit equivalent to ninety rporcant (90%) ei his avorage. dailv- salary credit shall be pei by his eraployer or by the '885, if unemployed or self-omployed. Requirements 4. A member 1ust have paid at Jonst 3 monthly conabutions in the 12 menth period. imnadialely preceding. the Eagaster of eickness of Injury, 2. -Cehfinee’ for more than three drys Ina 1iBopital or e¢ewho-e wih the approval of she SSS; ard 3. All sick leaves of absonoe with fu pay to the credit of re employee member shail have been oxhausted: Conditions +1, Inno cage ehail the dally sickness benefit be paid longer than 120 days in one (1) calendar year; 2, Nor shail eny unusad portion of the 120 days of sick yess, Lonefit be carried forward and euded to the total number of compensable days aliowabe In the subsequent year: 3. The dally sickness benefit shail aot be ppald for more than 240 days on aczounl of the same confinement, and 4, The employee member: shall nally bis employer, of the SSS it unemployed of sélfsemployéd, of the fact o° his sickness ‘of Injury: wit five (6) calendar days afer the tart of his continernent Note: The folowing are exceptions fo the reyulrement of not fication Confinemé- 13 In the hospital; ad Became .s.ck or was injured while working oF Within the premises of the ‘employer. Maternity Leave Benefits (43 amandod by RA, 7322). Covered female amoloyee is enttied to a dally mateintty benefit equvalent, te, one hhandrod percunt 1100%) of hor prec@nt basic salary, allowances and other bonafils or tho ‘cash ecuivalent oF such bonefits for 60 deys oF: 78 days in case of caesarian delivery. ORY AID IN LABOR LAW] 3! Requirements: . 4, Thera is childbirth, abortion or imiscartiage, and 2. Sho has ‘paid at least 3 monthly contributions, Conditions: 1. Employee chal notity her employer of her pregnancy end the probable date of her childbirth, which notice shall be transmitted to the SSS; 2. The payment shat be advanced by the employer in’ bvo equal Installments within thiny (30) days. from the fling of the maternity {eave application; 3, The payment of daily matemity be refits. shall be & Lar to the recovery of sickness benefits for thei same compensable period of tty (GQ) days for the same childhih,. abewtig, or raiscaniage, oF seventy-night (7B) days in caso of aesarinn delvery, 4. That the maternity benefits provided under this Section shall be pald only for the fuel four (4) dotivarios ator March 13, 1973: Thai the GSS shall iminediataly reimburse the omployer 01 100% of the amount of maternity ber sis advanced to the employae by the employer por receip! ol salisfactry proof of such payment and tagaiiy thereof, arid 6. Ifan employee stiould give birth or sulfer abortion er iniscarsiage without the fequited contributions having bewn remitted fo: het by her employs to the SSS, or without the latter having been proviously notified by the employer of the {imo of the pregnancy, the ampluyer shall pay to tha oss som ages equivalent to tha pe st ployen would cine iver SSS Halt mpioVel e6ni242,|2009 CENTRALIZED BAR OPERATIONS Tho Commission through such funde May: 4. Finance housing joans of members; 2 Long-term direct individual or group housing loans giving prloriy to the [aw Income groups, up 19 a maximum of 90% Of the appraised value of the properties \o be mortgaged by the borrowers: and 3. In short “and “medium-term loans. to members such ag. salary, educational, livethood, “marital, —cdiamity and emergency loans, > Now-transferabllity of Bonofits (Sov.15) Such benefits are not transferable at.4 no power of atiormay oF othur document executes by tose ontiled thereto, in favor of any agent, attorney or any other person forthe collection thereof on theit behall shall be recognized, excopt when they are Physically unable to colact personally” such bunetits, Exompttons from Tax, Legal Processes and Lion 1. The SSS and al its assets and properties, all contributions collected end all accruals thereto and income or investment earnings thereon as weil as all supplies, equipment, papers or documents shall ba exempt frou any tax, assessmon’, fee, charge, or ‘customs or import duty: and All benefit payments made by the SSS shail 'kewlse be exempt from all kinds of taxes, feos or charges, and shall not be iiatie 19 ailachments, garishmants, levy or seizure by oF under any legal or equitable process whatsor ver, aithar. before of after receipt by {te person oF perrons entitled thereto, Remittance of Contributions * The contributivgs imposed under this Act ‘shall be remittad to the SSS athin the first 19 days of euch calendar month folowing the month for which they are applicable or within such time ae the Comission may proscribe. + Seltemployed members shall emit their ‘moninly contributions quarterly on such dates and schedules as the Commission Pray prescribe Romedies for Fallure to Pay Required Contribution (CAW) 1. shall be Gollected by the S8S in the same manner 2s faxes are made collectibie uoder {he National internal Revenve Coc 2 By an Action in court, whieh shall hear and disposa of the, casein preference tc any ‘other civ! action and San Beda College of Law enn TO 3. By issuing a Warrant tothe Shuiitf of any province oF city commanding him 10 lovy ‘upon and sell any real and personal propety of the debtor. The Sheriff's sale by virtue of Said warrant shall be governed by the same Procedure prescribed for axecutions against Property upsn judgnients by: a coun of record Gutins of tie Employer 1. To pay employer's contribution in accordance with the sghedule provided in this Act, { 2 Te deduct and te remit: employees’ cantibutions; : To inumediately report fo the SSS the names, ages, cll stalus, occupations,’ salaries end dapendents of ait his employges who are Subject (> compulsory cvaraget 1. Yo Keep true and accurate work reodrds for such pesisd and cantaising such information as the Commission may preseribe; ib require, as a concticn to emoloyment, the presentation of @ registration numyer Secured Ly the prospective employee frer1 the SSS in accordance ih such procedure asthe S$3 may adop! 6. To nolify the SSS of the confinement within five (5) calendar days after receipt of the ‘Acfication from the emyoyee member, and 7 To advance in we equal monthly isstaiments the maternity leave benefits wiltin tsity (80) days irom the tiling of sna niaternity leave application, Liabilities of tne Employer: ‘Th ompioyer thal Bay i¢ Ine 88S camages esqaivatont” 10" tho” berelts,~ wise sxc trnplcyee.mombar wold siharwise hove boon gntiteg to for he laure fo rom ne FeGUIIpY. CONTRA AYA! Mo To op eeege tee lin increch 83% per many Wendthe dale, Kcontripution-fauls delat paid, for hi 6 doduct ang reintt cqatigutions: i aapctore OB oan eek je benefits wich +n eRiyember Mouidln i i name een rie Vie amgdfr to tho talon tan + Siggbayleg ges: , lent to Scat . ¥ Redes, Kayne F ber elpenehdary outdo ue uned (0 agi groeR eeninby a tie 10 thee ain UD remitted, tor he: true date of cemploymentét the eployee member of for sei aaa i. ne ee Sean Beda College of | remittance to the SSE contributions teas then those required In ths. Act or for"fallure to remit any contrivutior 8 due prior to the date: of contingency, Note: The right of the employee fo Institute the necessary actlon against the employer who foluses of neglects to reirit contributions ray ne commenced within twenty (20) years feo the time the delinquency fs known oF the assessinent ig made by the SSS, or from ine time the beneft accrues, as the case may be. The presctintve __ period does rol commence when the cbiigation to pay the premiums accrues (Lo v. GA, (1992). Settlement of Disputes (06.5) Jurtsdintion: Social Security Commission Cases Covered: Any dispute arising urder this Act with respi 1. coverage: 2. benefits? 3, . contributions; 4, penalty; and : & any maiters related thereto, Procedtire: <.° Filing, determination, ahd. settlement of disputes’ shall be yoverned by the rules end regulaions promulgated by the Commission; 2. Shall be heard by: 2, The Commissior: b, Any of its memb #13; oF ve. Hyaring officers duly authorized by the Comission; 3... Shall be decided within’ twenty (20) days afer the submission of evidence; and 4, Shall be fal and sixecutory If no appeal within fifteen (15) days from notice of Jodgment. : Judietal Review! 1. Pormnitted “only> When < all administrative remeties have best exhausted; 2. Court of: Appeals hes. Jurisdiction to review decisioné both on questions’of facts and law but tt only questions of law are Involved, Supreme Court has the lurlsdiction, Commission is deernied to be @ party; Heard In summary meninets. » Take precedence over any cases excopt criminal: éase where life Imprisonment oF ‘death penaity fs Ihnpeed No appeal bond shail be required; and No appéal shall’act as a sup2rsedeas of 2 tay of the order of the Comminsion unless the Commission: self, or the Court of Appeals or the Supreme Court, shall so order xp MEMORY AID IN LABOR LAW| 243. Coverago Compulsory upon at employees receiving compensation who tava fot reached the fnmmpulsory retiomenx age irrespective of compoy nant talus Excoptions te the Compulsory Coverar'o {Mersbe:s of the Arined Fores of the Philippines (AFP); 2. Members of the Fhlippine National Police (PNP): and 3 Contractual. wo have no employer and employee relaticnaiip wilh the agenclee they sene. 4, Purely casual empiyees Note: All members of the GSIS shalt have life insurance, retirement, and alf ther social security: pro‘ections sutn ae disability, survivorship, ‘separaticn, and unemployment benefits, Exeeption; Members of the judiciary and constitutional commissions shall have We inourance only Computation of Service. + Computed trom tha date of original appoinimenvalacion including period. of service at fiforant times under one or more ‘employer, those yerformed overseas undar ‘he author y of the Republic of the Philippines, and those that may be prescribed by the GSIS. + Al service stodited — for _ retirement, resignation of separation for’ which Covesponding benefits have been awarded! Shall be. exeldgad.lonthe, computation of sorvide in? DAARBY 3 series! of ah 6 Tat194 12009 CEt:TRALIZED BAR OPERATIONS Dependents 1. The legitimate spouse dependent for suppor Upon the member of pensianes; 2 The legltimate, legitimated legally adopted child, inciudirg the illegitimate child who is: a. unmarried; b. not gaintully employed; 1c not over the aga of majority; or , is over the age of | majorily . but incapacitated and incapable ot seb support cue lo a mental oF physical defect acquired prior to age of majority: 3. Parents dependent upon the mémser for suppor Priory Beneficiary ~ The legal dependen spouse until he/ she remnumries and the dependant chntdeen, Socondlary Bareficlary ~ The dependent parents and, subject to the restrictions on upendent children, the legitimate descendants. Compensation ~The basic poy or salary recived by an employee, pursuent to his telyction! appointment, oxciuutins per diems, bonuses, overime pay, honor 10, allowances and any other emoluments receives in addition to tne base pay. Disat lity ~ Any loss or impaisment of the normal functions of the physical and/ or mental faculty of ‘a member, which reduces or eliminates his! hur capacity to continue with his! her current gainfu’ ‘occupation or “engage in any otter gainful ‘occupation, Total Disability - Complete incapacity to canine wait present employment or engage in any gainful ‘occupation due to the loss oF Impairment of the normal functions Of the physical and/or mental faculties of the mémnber, Permanent Total: Disability - Accrues or arises when recovery from impairment mentioned in Suction 2a) (defining disability) is medically Teinote, Temporary Total Disability - Acosues of a1is6s when imprirea physical andior metal faculties can be rehabilitated and/or restored to their normal functions, Pormanent Partlal Disability « Agciues oF arises. upon the isrevecabie fosy or impaiment of certalls portions of the physical faculties, despite which the member Is able te pursue a gainful ‘eccupation. wy ae nesorel goan Weve College of ars Bonefite Goriera! Rule: All members ‘of the GSIS sll have ile Insurance, retroment, end ai other social security protacons such as_disabili surv.vorship, separation,’ and unemployment benaits, ' Excoption: MéInbers of the Judiciary and the Constitutioral Commissions snail be entitled only to tifa incurance benefits. A. | Monthly Pensions (See. 9) 1. 87,6% of the re-valied average monthly compensation; sius 2 25% of séill re-valued average moninly competion for eacn yen of vervice In excess of fifteen (18) PROVIDED thai the .basic monthly pensicn shall rot exceed 90% of the average monihlv pompéigation. 1 The basic monthly pension may be ‘edjusied upon the recommendation of the President and General Manayer of the GSIS arc approved by the President of the Philippines in accordance with the ules and . regulations prescribed: by the GSIS) #ROVIDED. a. the basic monthly pension shall not be less tan one thousand and thvee hundred pesos (1.300) ; and b. the basic minthly pension for tose who have fendered at least twenty years (20) of services. atter the eflectvily ofthis Act shal! not he less than two thousand four hundred pesos (2,400) @ month 3. Separation Benvbits (Sec. 11) 1. Gash payment eoulvalent to 100% of seeping caiprevon stu ge se pas My 0 a SY oe oe fy B ate sho of si ce ec ty SEEM Se ee eee eee eee eee eet ”MEMORY AIDIN LABOR LAW! 245 ¢ Conditions: + \aillul intention to Kit himself or - ‘2. Payable monihi” upon reacting the another ‘age of sixty (€0) yeas vei by, Ho has resignent at keparared from 4. Monthly tacene benefit for tle equal £2 service; and the basic month peraton. ~ cc Has rendered att least fifteen (* years of service Conulitions : 2. Llfective to the dale of alsabilty; = Not: A rember separated from'the service shell B. He is in seein at the time of 2.” continue fo be a member; aid shall be entities (2 disabilly; i Ymatover benefits he. has qt tified to in the avent If he is noparated from service, he er cof any contingency compens: ble under inis Act has paid at least 36 monthiy es S contributions within tha five-year ©. Unemployment or In oluntary Separation period immediately preceding a Benefits (Sec, 12) isabilly, of has paid a total of at Monthly cash payment of equivalent to 60% feast 86 monthly contributions priot : of the average monthly comperstation tothe disabilys ; d.If-ha is in servichy and has paid & Conultions {otal of et lead 180 monthly 1. Employee 1s separated from service conirutions, he’shall recolve. an due tg the. aboliton of his office or fedaltic a! eaah payment of eighteen positfen; and Gia) times hia basic nvonthy 2, He hes baen’ paying Inlegreted pension, arc! contiouticns fora: least one (1) year fe. Member eshte! enjoy. monthly por to sopatati Income barefit. ond the olt-ago retirement simultaneously: D._ Retirenient Jenofits (See. 13) ~ 4, Lump. sum payment, payable upon 2, Cash payment equivalent to 100% of fetirement plus. en old-age pension fhe average monthly compensation for benef payeble monthly for life, upon fueh year of service but not fess than expiration of the tive-yecr quarantesd 12,000 “gi +. gefiod covered by “he iump sum; OR wae 2. Cash payment ecuivalent to eighteon Conditions: ¥ (18) months of his basic monthly 2. Momber does. not. satisfy the | — pension plus monthly pension for fe, conditions under the preceding | payable immediately, number: and fb. Has rendered at least three ) | Conditions years of service at the time of E 3a has cenderes at feast fiteen (13) Sisal | years of service} | tb. He Is at least sbity (60) years of age at + Suspensloh BEDabNty Benetits the tiny of etirenant: and He isrhot recehvt g.¢ monthly pension i bereft from permnent total cisablliy soi re-lnbioved st 2°" He reeave i 3. He failed! for Note: ‘satirement Ia, comasteery upon reaching sixty-five (@5).years of Agu with at least filed « (15) years of sarvice, BUT (ho has rendered less than fiteen (15) years of service, he may be VT cobyetha 81S pe of allowed to complete the 83/4 period BOA: OSs 1a] OiaabItEY (SACRE) tne Keth fr yaee ee fern we Frdule prbecrinitl ky Ne BSI ee gt et E. Permanent Total Disability Banothts “ebfiatton. fe f(b] (Secs. 15-16) -op tio db utter Eat sabllty. Goneral Godditlons: Employee suffers Gc. Tariggbyery Tata OMB Sieostty not due to hs (MSM) Te erent gay AMpbehseton (or + grave Btiscondv -giViOg y tow ingomes proup " ng t0, e policy, ‘leabeatidna chase i se MD“pip Beda College of}. MEMORY ADIN LABOR LAW] 147 : Adjudi tlon of Claims and Dispritos « “A. Prascription of Clalas (Sec: 20) 7 Four years from da't of coniingancy except time and retiremer t bonetis, fy B, . Jurisdiction (See, $i!) ae « gt GSIS has original ar exchisive jurisdiction. eee ae Appeal ec 39) Under ules 4 anc) 45 bf the Rules o1 ! Court of 1997; : 4 : 2. Cases pending before the etfsctivty of . the 1997 Rulis of Court shai be governed by th» fules in force at that time 3, Appeal shall tare procedence over sny en case -except, ciininal case where fe ; a imprisonment ct deatn or recuslon foe perpetua is Impoted: 4. Appeal shall not «tay the execution of the 4 order or award uv’ unless ordered by the Board, by the Gu srt of Apoeais or by the Sunrame Court; and §. Appeal shall be wvthout prejudice to ‘ne special civil action of certiorar! “when | preper. D. Execution (Sec. 32) Any decision or award shall be exectited in the same manner as decisions of RTC Exer_stion from Tax, Lejiaf Process and Lien ‘The GSIS, ils assets, revenues and benefis pad shall be exempt from all taves, ussessimients, | foes, charges or dutles ofall kinds. onan it Ser ate ee He148 12009 CENTRALIZED BAR OPERATIONS EMPLOYER - Any person, who carrios| on In the Philippines “any trade, business, Industry, undertaking, and| Uses the services of another person Who i under hit orders as regard the| - employment, EXCEPT THOSE! UNDER THE Gsis. EMPLOYEE - Any person whol2, performs services for an employer whol receives compersation tor such] services, where ‘here is an employer-| employee relationship | SELF-EMLPCYED - considered as| both employer and employee Legal gpouse entitled for suppor. Child, whether legitimais, legitimated, tagally adopted or vieyitiriate’ and Parents dependent for suppor. ji Unitagied 2. Not gainfully employed; ficase maybe. Employment purely casusl! and net for]. the purpose of eceupation or business)? of the aniplayer Services” performed on or in Connection with an alien Vessel by at employee if he is empioyed when sect} vessel is vutside the Erilippincs* a} Sarvice periormec! the e mnioy Bef Ehtigpine government, sietumentsl UI gr agency thereol, S: Sanace pertormed ln the employ of forign government, internation organization, or their wholly-owney instrumentality; and eimployoo, which may be w wluiud oF regulatc 1 of the Commission, i supporting timself eho! COMPULSORY physically or mentally prior ta twenty-ona| Ail A(21) years of age or majority age, as the| compensation who have not | veached the compulsory retirement ge, irrespective -of ‘employment slat Serices -tarermed by temora San Beda College of Law EMPLOYER \ government, its.” ‘political Subdivisions, branches, agencies) of _Instrumentalities, - including govémnment-2wned or contratied Corporations with origina charters, : EMPLOYEE = Any person) receiving conpensaton while In| the service af an employer as! defined hersin, whether by election or apacintment. | 196 of majority; oF | employees recelving | Meiers of AFP and PNP; Contractual employees, who) have no emplayer-employee| Felationship wity tha agency they 8E7V9, 204. y Members! | |Son Meda College of Lig MEMORY AD IN LABOR LAW] 149 TE | MES 1 re ay Te eT PPE SI BBA actus, eomuneiation for emoloyment, {The basic pay ot salary recelved by BR incluciey thi tandsted cost-of-living fan employee, pureuatt to his ailowarce, ws well i the caah valve of lelectiorvappointmen, excluding per any rent searation pald in ary riedun: ‘conte, Bonuses, overtime pay, other thin cash excep! that part of thn, [honeraria, allowances and ary other remuneration in excess of he maximm — lemoluments received in addition to salary sadt : ___ ihe En loyer’s contrbudion on Fie accounl|A member sopncatad from the coases, joervice shall continue to Be @ Emiloyee’s obligation to contribute|member, and shail be entiied to Gls cesses at the end of the month offwhatever benefits hu hae qualified (0 separation; and in the event of any contingancy 3, Employes: shail be’ cedited with alllcompensable tinder this Act. coatributions pad on hia behalf andl enitled 10 benetits according to the provisions of this Act. Report immediately to SSE the falloving [Report to GSIS the tol informaiion on all his covered! emplo ees ‘information on all hs covéred names; lemployees: lages, Inames, Rfoivil status lemptovment status; loccugal:ons: |positions: P salaries, and jsatirles; and dependants. Jeuch other matter as determined by ihe GSIS. SELF-EMLOYED J Report 70 S85 within thity (30) days fromm the frst day of Ns operation the following: : locsupation; faverayxy-monthiy net incre; and Ra doperc ants EN empk, ora contibutions: ar fErpiey e's/Member’s contrvutlons Moni 7 pensions; GilRetrerent benefits; Pe|Perrisa 1ont disabilty bonetts, Deatr. venefits: Fune'e! banefits, oan git; a SOLE CHW I ey Se 7, Bieknuss benefis, 2! Maternity leave osnefits; and 3.- Dependents’ pension, stopatly, Resets, ang royerues of tho GSIB an fond al Genefits puld by S85 or GSIS shai! cewis B sescsaments, fees, charges, and duties of all Kind150 {2009 CENTRALIZED GAR OPERATIONS 1. Coverage, els; Contributions; 4) Penalties; and 5, Any matlers related theretu, WHEN TO DECIDE the submission of evidence Paternity Leave Benofit Paternity eave for seven days with tull payment wf daily compensation Conditions: 1 Legally married to, and is cohabiting with, the woman who deliver the baby 2. Employee of private or public sactor 3. Only for the first four dufiveries of legitimate ‘spouse wlth whom he is echatiting; and 4. Nolity his employer of the pregnancy of his legitimate spouse and the expected date of such delivery, Note: Dolivary shall include childbist or any euscaniage, t Nota: Patemity teave benefits shall not be convertible to cash In case itis not availed of eat Coverage 1. All employees in the private sector: 2. Partstime employees; 3. Employees ‘of sunvice ans snbacirs: an pers or pecsces in ne ge: service of another, hr Mardatory peri of twenty (20) days fromm oan Peda College of Lato fess {DISPUTE ARISING FROM: [Any dispute arising under this Act {and niher laws acininatered by the SSIs |wuRisoicrioN hy Foss. , 4 WHEN To DEciog hel, | vnity (80) days from the receipt of ee |the hearing officer's fndings and |rycommendations ur thirty (30) days latter submission for escision, APPEAL - Rule 43, at + Rule 45: ‘. Note The law does not cover emplnyces of 1. Rete vervice and agricutural establishments or operations regularly ‘canploying not snore vv 10 employees; and 2 Government and us poitical. subdivisions; ‘nclusirg GOCC's, if they are covered by the ‘Service Law and ts regulations, When to Retire 1 tponreavhing the retirement age. establighed ia the CBA or any’ other eniployment contract, Retirement Benefits ~ as he it earned sunt Salting ows anu offer agiters ails: trey that ai see vs e Je pres JF by ine’ Retlien|snfs Laws and y, Mf itesuch benghte are: tpay. abe ey have sand any CP ytd Sea Ge eee t compuling the 13" — TT156 |2U09 CENTRALIZED BAR OPERATICNS TALE BAR OPERATI moith pay (Philippine Duplicators, Ine. v. NLRC, {1995}, HOWEVER, Commissions of madial represonistivas do nol form part of "basic salary’ ‘ang are not Inctuded in the computation of the £3" month pay Medical reprosantatives are not Balasmen because they did.not effect any sale of article a* al; additional payments received partock of the nature’ of profit-sharing bonuses (Buie- Takeda Chomicals, inc. v. Dela Serna, {1893}, Coverage : A. Employers (See, 3) Goneral Rule: ALi, employers are covered by thia Act Except: (DG-£-HP) 1. Distressed employers such as: 8. these whicn cre currently incurring substantial lousos; or b, Inthe case of non-profit institutions ‘and. organizations, where their Income has consistently deciinad by more than 40% of theit normal income for the last two years: 2. The Government and any of its politica: subdivisions, incuding GOCCs except those corporations operating essentially a8 private subsidiaries ci the Government; 3. Employers "already paying thei ‘emgioyees 13" month pay or more ina calendar year or its Equivalent at the lime of this issuance, Note: its oquivafont includes a. Christmas bonvs, b. Midyear bonus; © Profit sharing payments; anu) Dither cash bonuses ot less than W112 of the basic sriary, 4. Employers of Househol elpers ond persons in the personal service of nother in relation to such workers, and -miployers of those who are Pald on: Purely commission Uasis; Boundary basis; Task bass: A fixed amount for performing @ specie Work, except where the workers. are ‘paid on pirce-rate basis tn which case the employer shall bo soverad by this lsuance insolar ge worker ie conceinad. Note: Werkers paid nn flece-rate basis Fefer to those who aro pald 8 staodacd amunt for every piece or unit 0° work produced that is more or less regularly Br fun Bede College of ha replicated, without regard. to the time ‘spent in prosucing the same, Pioce-rate workers are classified into: 1, Place-rale Workers working inside. the work premises of the employer ‘and ave under the direct supervision ° of the eniployer, thus entitled to.43" month fey: and 2 2. Plece-rele. workers who wor . outside the work premises of the ‘employe: whose hours spent in the performance of their work cancot be ascertained with cortainty and ere not. undor -ihe . diget supervision ot.the employer: thus NOT entitled to.i3" month pay (Labor Cungress of. the’ Philippines v. NLRC), 8 Employees General Rule: AV fank-ancefie employees rogailess of tna amount of basi¢ sufsry that they receive in a month, if their employers are not otherwise exampled from paying the 13 month cay. Such employees are entitled to the 13° montr pay .regardess of their designation or smployment status, and Irrespective of the method by whien their ‘wages are paid, PROVIDED thot they have workad for at feast (1) one month during a calendar year (Ravised Guidelines on thy impiamontation of he 13"=Month Pay Law). xcept: (HGR) 1 tlousehota nelcers 2. Employans. pall purely on Gommesion basis 3° Empioyees already Receiving 13" month WAY gid Bah MM Se hank anblaxand 2? ee Tin Shull sl 3 ye ployer crea the enigloyees, igan Beda College ony Non-Inclustan in Reguis- Wave The benefits granted waver his Issuance’ aval ot be credited as part of Sie vegular wage of th emp ayeee for purposes of dstermining overdns and premivm pay, fring? benefits. as ert a premium contributions 19 the Stat Insurances Fund, social necurlly, mecicara ard privat welfare and tetirement pens Rutes on Certain Typer of Eimntoyns 1. Emplosoos Maid by Rasults + Employees pale on piace work basis are by law ented to the 13th month pay pioyees pal @ ‘xed oF guaranteed viage plus commission ere also ent! to the mandates! 13th month pay, base! con thir tola’ earnings unin the lender year, 11, 0n oth finer xed guorarieed watt and commis on 2. Those wath titiple Exoshoyor: + Government amp:oyecs working part tine ina private enlerpriee, Including private ‘educational inetitulans, 98 "woll 2 employees working in 4Wo oF more private firms, whether of full or parttime basis, ate enttled to tre required 13th marth pay from. all their private employe Fegardiess of thair total en ings. team ach of all their empiovers shoo! Teac vers Privato school fevichers, Iectucn cry mon ats of unkvarsiins ed cote, ev antithxd fo the required 13th moinh pay, 1eqatiows of the number of mouths they each at ar” gavel wthin @ yoat, W they have ronvered sorvico for al toast ‘one (1} month within a yr Resigned or Separa ed Emplovoos 4 Ieresigned er ecg arates from work before tne fie for payment of the 42%h man!h pay, antlleg to “his monctary bent in propertion to the enh of te fh worked during the year, sackoned fren the Vine be started woreg ‘uring the calendar year up to the ame of his resignation or termination fron, the service, Pro-Fited 13" Month :'ay Gennral Rul2: Pro-ratl> cf this: benoit appiies only in cases of resiguaton or soparaticn ftom Svcrk, computation shot | be baeed an length of service and not on the visual wage earne.t py toe worker (Honda Phils, i. v. Samaltan ny Manggagawa sa Horde, 460 SCRA 186, [2005)) Exception: Employens who are paid a guaranteed minimum wage or commiss'ons earned are entited to 13" month pay based on {otal eamings. (Philippi Agricultural Com nerciat and Indusivial Workers Union v, NLRC, 247 SCRE 256, 11395}) eee MEMORY AMD IN LABOR UAW] 17 Adjudication of Ciainis Hon-payment of F2" rich pay shall be heated 5 clears cases Note: Bilforeage nt opin on hw to compute avant pay & nect-atrikeable andl a steke hele on that grov nd is flegat (lsafaea Machine Wrorks Carp, v. NPC, 1195) 14" Month Pay The granting of 14" meth pay 16 A management areiogative af ip no tegally demandable, Wis Casically 2 bonus ard is, gratuitous in nature (Karnaya Point Hota! v NERC, (1969) FRTR Definition of Terms Aligrané Worker - Parson who is to be engaged senyayed ot hes beon engaged ia remunerated actiaty ir a slate of which helche 1s hot a legal residant; «o be used interchangeadly ‘with overseas Filipina worker Overseas Filipinos - Dependen's of migrant ‘rorkers and ther Filipina nationals who are ir distress Deploy an Work the Se ta poy owes Fine ote oe ounln wore the. eghis of FHP Siam workers protect. The fling Ve teonynzod. ae qumentae on tha pat tha reeting exert for tho praeuton of verseas Fira work ea existing labor and si ews freight of rat workers 1 Megat to multe convent tecnracene oF asoullane ging tthe 4, protec on of rl ‘anv wotwerst e Tylb je nas conriuded bilateral Bgreem, 2 Avargangement with the pe never rrment pt! {ahs rights of ovensaas Filipino worker ele takno-rostive, ae metigis to rotecting hace noite 97g aM Wot Se oe retibednibe Bellon Bipilionticls ThatkSvernmel), in PUBL OF tt inter?Stor inner sunt eld al ae ela ee we) ceplonshéat bt i oe sa Ree ied r phronoh ‘ At else on pert ie rdonnel of the Prippine olin angi oad reoncess Scr maar ageleiad Stat ‘on a per country basis, ect as of€ counliysteam with @ mission pallor UY, see |158 | 2009 CENTRALIZED BAR OPERATIONS ES TRAUZED DAR OPERATION under the leadership of the ambassador The ambassader may recommend to ths Sec of OFA the ‘recail of officers, representatives aid Personnel of the Philippine government posted abroad for acts Inimical to the national interest Such a8, but not limited to, faslure to provice the Hecessary services to protect the rights of overseas Filmings, Jurisdiction A. NLRC (Seo. 10) * Original and exclusive jurisdiction over money clalme arising out of ant employer-omployen lo .onship or by Vitus of any law or ¢ stract involving Filpino workers or overseas deployment including claims for setual, ‘moral, exemplary and other farms of damages, + Gases to be decided within nincty’ (90) calendar cays alter the filing af the complaint Liability: Principaltomployer andthe fecruitmentiolacement agency tor any and all Clain's under thio section shall be juint and Several. The performance bond to ba filed by the | recruitmenvplacement agency, ag Provided by law, stall be anuwerabie for al) Mmuney claims or damages that may be awarded tothe workers. if the Fecruitmentiplacement agoncy is a juricical being, the corporate officers, directors. or Partners shall be joinlly anc! solidarily lable with the agency, 8 POEA Retains vriginal and exclusive jursciction to hear and deci (All cases which are administrative in character, involving or aiising out of Violations’ of “rules and. regulatiois felating to leansing and registration of tecruitment and employment agencies or nities: and 2 Disciplinury action cases’ and cther spocial cases, whici are administrative in character, involving empiayers, Princlpals, contracting pariners and Fiioino migrant worksrs. Venue: FORA Adjuuiustion Office of COLE ot POEA Regional Office of the place where the complainant appliad or was recruited, af ‘tho option of the coritaiiauit RT Criminal action arising fiom legal recruitment shail be filsd with the RTC of the. province or city wharw the olfense was exit paging ip thon strall be. ys i! iy San Beda College of Lats coramitted or where the offended party, actually resides at» the. time of the commission of ('¢ offense. ‘The court where: the cririinal action is first-fled shall acquire Iwisdiction to the exclusion of other courts. Etfects of Termination Oversoas Employment without Just, Valid a: Autharized Cause in thu e999 oF Marinan. Manning Agency ‘W. NLRC, August 25, 1909, the folowing sules Wwe observod: 1 It tne contract ef employment is BELOW ONE (1) YEAR, Lie salaries for the: entire Unexpired portian of the contract shall be piv 2 If the contract of employment is ONE (i) YEAR AND ABOVE, then the salaries for the entve unexpired pertion of the contract OR t1ce (3! montis ay fer every year af the maxpited perwan, whichover is fessor, shell Le ai. Note: The deie whvn the termination of employment occurred Is material. tf the termination occurred on: of after July 18, 1995, apply provisions of RA. 8042 Mandatory Poriods for Resolution + The pretininary investigations “of cases under tas Act shal be terminated within a Period of thirty (39) cxlendar days from the uate oftheir fing, * Where the pretiainary favastigation is voudueled by a posecutlon omer ard a prin facia case is established, the Corresponding ‘infor vation shall be fied in court within 24 now's ‘rom the lerrination af te investigation, + Ene protiniiaary inastigation iy coniduetud ny a fudgu and a pryna facie case Is found to eel ony ie, pe remy 8%, Of tdceipt i of his primary ith apaited or tp aepiaion of is duw solely worker, the principalemSfoyer or 2PSncy shall no* in any2am Beda College of Lavy MEMORY AID IN LABOR LAW] 159 manner be responsible for the repatriation of lie former andor his belcngings; anc 2 In cases of war, epidenic, disaster vr calamities, natural of toun-oude, and otter similar events, and where the principal or neruliment agency cannot be Wentified, the Oversees Workers Wellury Administration (OWWA), 19 coordination wilh appropriate es Injemational agencies, shal toke cha-ge of ths repatrietion. | | | 753