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June 19, 2013 Third, civic or religious organizations serving the public and
their communities.
So. This is Labor and Social Legislation Review.
Fourth, students who do assignments for their teachers.
The numbering of the Labor Code has been changed
starting from Article 130. Articles 130 and 131 of the Labor Fifth, members of the household doing chores for each
Code is repealed. A new chapter is inserted after Book other.
Three, Title III, entitled: Chapter V Employment of Night
Workers. Sixth, parents working for their children under the Family
RA 10151 approved on June 21, 2011 but then the IRR just
came out this year. Get the reliable copy of the Kasambahay Seventh, spouses serving each other under the Family
Law at the Department of Labor website. Download the Code.
primer. Its free. This is interesting because the employment
Question: Apart from the Labor Code or before the entrance
of nightwork is only for call center workers or business
of the Labor Code, what is the rule if service is rendered to
process outsourcing workers. Look at:
another and there is no explicit contract as to whether or not
Article 154 of RA 10151 - Night workers means any it is compensable?
employed person whose work requires performance of a
substantial number of hours of night work which exceeds a Perez vs Pomar 2 Phl 682(1903)
specified limit. This limit shall be fixed by the Secretary of
Mr. Perez was commissioned by Mr. Pomar, the president of
Labor after consulting the workers representatives/labor
the Tabacalera Company. At that time, Tabacalera Company
organizations and employers.
go around Luzon buying tobacco, in the process they have
Xxx except those employed in agriculture, stock raising, to go through a lot of checkpoints. At that time, the US
fishing, maritime transport and inland navigation, during Armed Forces just occupied the Philippines, the officers
a period of not less than seven (7) consecutive hours, manning the the checkpoints are all Americans. Pomar only
including the interval from midnight to five oclock in the knew Spanish so he commissioned Perez to come along
morning, to be determined by the Secretary of Labor and with him to help him get through the checkpoints. There was
Employment, after consulting the workers no talk of compensation but Pomar proposes to Perez that
representatives/labor organizations and employers. he can also do buying as they go along and put it in the
coach. After doing that for 3 months, Perez asked for
So, all those women working in banana packing compensation; Pomar refused to give compensation.
warehouses are not covered but women who are According to Pomar, there was no talk of compensation,
call center agents are covered. therefore, compensation is not owing. Perez when to court,
there is yet no Labor Code.
So my suggestion is to take up labor standard first then
labor relations, that is where most of the changes are. The SC says that if service is rendered to another when
there is no contract as to whether or not compensation is
The bar examinations this year is 80% essay, 20% multiple owing, the rule is if the type of service is one that is normally
choice. I do not know how it will be next year. So how should compensated, then compensation is owing. The amount of
you approach this year. This is a privilege time so read, compensation is the reasonable value of the service
read, read. rendered.

Alright. Today we begin with general principles. Note: The consequences are bad for society if that rule is
not followed. If you do not pay, there is unjust enrichment
General Principles that ensues.

Contrary to the common assumption, service rendered for Right side:

another is largely unpaid rather than paid. Most of the
service that is rendered to another, labor-rendered, is largely There are many kinds of services rendered to another that is
uncompensated. You think of how many millions of meals not demandable under the Labor Code.
not paid and the laundry or household chores done by
mothers are not compensated, it is classified under First, independent contractor under Article 1713 of the Civil
economics as zero-value labor. Code where the one rendering services is not subject to the
direction of the employer as to the means and methods but
If you have a spectrum, to the left are unpaid labor for as to the goal.
another; to the right is paid labor.
Art. 1713. By the contract for a piece of work the contractor
Left side: binds himself to execute a piece of work for the employer, in
consideration of a certain price or compensation. The
First, personal, military or civil service It is an exception to
contractor may either employ only his labor or skill, or also
the prohibition against involuntary servitude. You have the
furnish the material.
obligation to render compulsory military or civil service but
the State has no obligation to pay you.
Labor cases themselves have ruled that there is such a
thing as independent contractor where the one rendering
Second, convicts that are doing hard labor after they have
services is not subject to the direction of the putative
been convicted of a crime. (Article 3 Section 8 SubPar 2)
employer as the means and methods but only as the goal.

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Example: A wedding planner because there is a law. The law first creates a
position and then the law carries the amount of
If he is not paid, he cannot go to the Labor Arbiter compensation. Then he is either appointed or
to file a complaint. He or she should go to the elected. In government employment, there is no
regular courts because he is an independent contract but only appointment. It is neither here and
contractor. there.

Second, share or leasehold tenancy (RA 6657)

Third, housemaids rendering personal service to another. Why is it important to always put things?
The kasambahay is now incorporated in the Labor Code.
One, there is always a difference in the law
Fourth, homeworkers and pakyaw workers governing these services. You have to know what law.
Second, you have to know the forum to resort to when there
Fifth, industrial partners under Article 1767 of the Civil Code. is controversy.Third, is what is required in the interpretation
of the statutes involved. Remember, if it is a labor statute
Art. 1767. By the contract of partnership two or more then you have an additional rule with respect to statutory
persons bind themselves to contribute money, property, or construction. It is the interpretation in favor of labor in cases
industry to a common fund, with the intention of dividing the of doubt. This is not true in other statutes. It is not
profits among themselves. interpreted in favor of the employee, the government will go
Two or more persons may also form a partnership bankrupt.
for the exercise of a profession.
Sixth, agents serving their principal under Article 1868 of the Alright, principles.
Civil Code.
Before labor was a protected right, labor was and continues
Art. 1868. By the contract of agency a person binds himself to be, a property right. When you say protected, we refer to
to render some service or to do something in representation Article 13 section 3, the State shall afford full protection to
or on behalf of another, with the consent or authority of the labor, local and overseas, organized and unorganized.
latter. Remember that protection is separate and distinct form the
equal protection of the law which is found in Article 3,
Seventh, quasi-contracts under Article 2144 of the Civil Section 1 of the Bill of Rights. The original protection is the
Code. protection to be treated equally before the law. You will be
judged solely merit of your case.
Article 2144. Whoever voluntarily takes charge of the
Section 3 Article 13 is a protection which is based on social
agency or management of the business or property of
another, without any power from the latter, is obliged to justice. This is qualitatively more than that mention in Article
continue the same until the termination of the affair and its 3 Section 1. Social justice is first of all a mandate to the
incidents, or to require the person concerned to substitute legislature where the legislature is mandated to pass more
him, if the owner is in a position to do so. This juridical laws in favor of those who have none in life because that is
relation does not arise in either of these instances: an instrument to correct the radical defect in the society.
That is the premise of our Constitution.
(1) When the property or business is not neglected or
abandoned; Who are those who are not and worthy to be given more?

(2) If in fact the manager has been tacitly authorized by the The daily wager, the subsistence farmer, the
owner. working women, and so on. You have this list in the
Constitution. The significance of this list is that the judge can
In the first case, the provisions of articles 1317, 1403, No. 1, no longer overturn any law regarding the protection of these
and 1404 regarding unauthorized contracts shall govern. people due to undue classification. Every legislation has
classification. There must be a rational connection between
In the second case, the rules on agency in Title X of this the classification and the goal that is intended to be
Book shall be applicable. (1888a) achieved. The classification must be germane to the
objective. It must be based on substantial differences and
then it must be applied equally.

Example: Person leaves behind a business and

somebody else steps into his shoes and takes over
the business. Then, he comes back and takes over Because the different sectors have been named in the
from the one who was running it. There was no Constitution, the judiciary is no longer at liberty to invalidate
agreement as to compensation and yet such laws because judicial discretion has been preempted by the
incident creates a quasi-contract. You have to Constitution.
compensate the person.
The minimum wage law is being challenged as a law which
Eight, service rendered to another in an employee-employer impairs the obligations and contracts. Contract obligations
relationship.This is covered by the Labor Code. can be impaired in the implementation of social justice.
Before the implementation of the minimum wage law, you
Government employees are in the middle. They are agreed to pay on a daily basis your employee for P300.
compensated not because there is a contract but

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Then the minimum wage is increased to P320. What has it the legislature or the Supreme Court to issue an order to the
done to your contract obligation? It has rendered it obsolete. legislature to enact laws implementing social justice.

Q: Can SSS law be nullified because the state is mandating Why is that not possible? Because a co-equal branch of
the taking of money from Juan (employer) and give it to government, even if it is the Supreme Court, cannot order a
Pedro (employee)? co-equal branch of government.

SC said no, that is by virtue of social justice mandated by If certain implementing laws of social justice like the SSS
the Constitution. That is not undue classification. The law, are suddenly repealed by Congress, can Congress
classification omits all these challenges. The reason behind repeal it?
social justice is the preservation of the larger society
because if this correction is not made and this correction is Yes, because it has plenary legislative powers. If they
highly necessary then our society will explode and our suddenly repeal it and there are aggrieved parties like those
society will no longer be viable. Social justice, though in the who have been members of the SSS and who have been
minimum or medium term, though they benefit particular contributing to the SSS consider the rights vested in the
sectors, it is really meant to benefit the entire society. laws that have been repealed? Can they invoke social
justice and they go to court asking the court to order
Q: Why is it that there are no widows, orphans, insane in the Congress and the Senate to pass a new social justice law?
Constitution that is supposed to be the object of social A new SSS law? Your pleas will not be heard because not
justice? even the SC can order a co-equal branch of government to
do what is mandated by the Constitution is its business to
Those type of people exist whether or not the society is do: legislative, supposed to be plenary. The business of
radically defective or if it is already a self-sufficient society. making policy is Congress and Congress alone.
In fact, they have long been recognized in the Civil Code,
Napoleonic Code, etc. That is why you study patria The SC can shut down a law as being unconstitutional
potesta. Is it the same with parens patriae? Parental provided that there is an actual controversy. In deciding
authority is only up to 18. Parens patriae is the fundamental cases, it can shut down a law but it must make sure that
fatherhood by the state. All people have parents but if you there is a case because if there is no case, then it is acting
do not have one, then the state steps in. That is not social like Congress. There must be justiciable controversy. That is
justice. In cases of orphans, widows, insanes, etcetera, the the only time the SC can countermand in effect over
state acts in an exceptional manner. Congress but it is in the course of resolving a dispute. Not
only that, it must be in the very lis mota. It means that there
Social justice is a permanent stand. It begins with legislature is no other way of resolving the dispute but to meet squarely
and the implementation of it by a specific governmental the issue of the validity or constitutionality of the law. If the
department (Department of Labor). Then it is followed controversy can be resolved by some other means, then the
through by the judicial remedies because it is a more SC is not supposed to face the question of constitutionality
structural problem of the society embedded in the society. It or validity of the law. But if the controversy cannot be
is already accepted that social justice is a permanent thrust. decided upon except by passing upon the constitutionality or
validity of the law, that is the only time. Why is that there? In
What happened in Europe, a culture of entitlement grew. order to clearly demarcate the functions of the departments
There is unemployment insurance, there is universal health of government.
insurance, there is even retirement benefits. So at the time
when the State can no longer support these benefits These things have been adapted historically to limit the
because fewer people are working and contributing to there otherwise awesome powers of these different branches.
social security justice and more are collecting from it. The Thats why the assumption of law, the assumption of the
State is still bound because the guarantees this social Constitution is man is not to be trusted. At the very instance
system so the state now borrows money. Sige ug by which law grants powers to certain people, to certain
pangutang hantud dili na makabayad. That is the problem departmentswhy do I say people or departments?
with security tenure. Because there is one department that is just one person.

Why is an employer held to indefinitely keep him employed Who is that? The executive department. Thats only the
and pay him salary when that obligation is not even imposed President. Tinuod ka? O. Mao bitaw na ingon alter ego na
on parents. Pag-abot nimo diese-otso, human na ang tanan ang mga Secretary. Wala man na silay ego, alter lang
obligasyon sa parent. Pero ngano sa employer-employee man na sila. They reflect the President. Their acts are the
relationship? Contractual gud na inyong relationship. It is not acts of the President. It is the only the President who
filial. Ngano man? That is because at one moment, a guy executes the law. You are 4th year, you must realize that
named Karl Marx said it is not right for man to rent out his because that has ramifications. That is why he is called
labor for another. That is as bad as a woman selling her Chief Executive. The President is not called The Chief
honor for physical services to a man. That is the same as Executive. He is just called Chief Executive. Why? Because
prostitution. there is no other executive. There is no other. Thats is not
the same in the SC. Why? Because you call The Chief
June 26, 2013 Justice. Why? Because there are other Justices! He is only
primus inter pares.
We have decided to review Labor Standards. We will go to
the general principles and principles of social justice. What is primus inter pares? Primus first; inter pares
Remember it cannot be the subject of a mandamus against among equals. He is the first among equals. Pareho na sila
tanan. When they resolve a dispute, the Chief Justice does

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not have 2 or 3 votes. He still has just one vote. He presides must stop it. That is a violation of his Constitutional rights.
over the court but he has only 1 vote among the other 14. Why? The reason is historical. Slave labor in the Philippines
So he is called The Chief Justice. The President is called existed during the Spanish times. There were instances
Chief Executive not The Chief Executive. Dili na pareho where the crown required labor from its subjects. Remember
ug President ka ug Corporation, you are called The Chief we were not citizens. We were subjects. Subjects of whom?
Executive Officer. Daghan man ni sila. VP, Executive VP, Subjects of the crown. What crown? Spanish crown. Why do
Senior VP, etc. you say Spanish crown? Why do you not say King? Queen
diay? Nagpuli-puli man to sila. Usahay KingKing
That is why he has the power of control. What is the Ferdinand, unya usahay Queen, Queen Isabelapuli2x.
meaning of the power of control? Is that to control the Whenever involuntary servitude exists, the crown is to be
means and methods and goal to be achieved? Its worse blamed. Substitute the crown with the State, then it is also
than that! The President can substitute his own judgment for the States responsibility. Involuntary servitude.
that of another. Its only a power of supervision. The power
of supervision is to determine WON the subordinate official That is why it is contained even in the Civil Code. What is
is performing his functions in accordance with law. That is contained in the Civil Code? Personal obligations cannot
supervisory power. That is the power of the Secretory of the be the subject of a suit for specific performance. If it were,
DILG over the local executives. He cannot substitute his then the State would be an accomplice in involuntary
power. He can only supervise. But as to the entire executive servitude. Magpatupi ka, bayran na nimo daan imong
branch of government, you remove the local governments barbero. Pag-abot nimo didto, moingon sya, Di nako mo
there, the entire executive government, all the cabinet tupi nimo. Ngano man? Basta dili ko. If you go to court and
officials, the President can exercise the power of control to obtain an order directed at the barber to cut your hair
substitute his own judgment for that of another. That is according to your agreed specifications, it is the State who is
power. facilitating the involuntary service of the barber. Dili naman
gawas-non iyang pag tupi sa imong buhok. Its no longer
Social justice is prominent in the Constitution but it is not the free, it is the State who is facilitating it. Therefore, you
only thrust in the Constitution. There are others, policies cannot get the court to issue that order because the State
major policies in the Constitution. And so, if social justice is would be a guilty accomplice in further involuntary servitude.
perceived to be neglected, what is the remedy of the Moingon ka, is that not unjust? Gibayran na nimo sya, unya
general citizenry? The remedy is political, it is not judicial. dili sya mo tupi. Gibinlan na nimo ug kwarta ang ginikanan,
You elect Congressmen, you elect Senators and they nag pista na sila, gikuha nimo ang anak kay dad-on magpa
implement the social justice laws. You elect people in the maid ngadto sa Manila, palitan na nimo ug ticket, niuna ka
government that will champion the social justice as it is na lang sa Manila ug walay niabot didto na anak. Is that not
mandated in the Constitution. unjust? The law says what happens is that entire contract is
converted into a money obligation. Utangan na nimo sila.
Certain fundamental principles in the Constitution. What happens is, as to the barber, because he refuses to
render you service in cutting your hair, he is now in debt to
Prohibition against involuntary servitude. It used to be in the
you for the amount that you paid. So, you can ask another to
Bill of Rights and yet it is no longer in the Bill of Rights.
cut your hair at his expense because he is indebted to you
Where is it? It is now in the Statement of Policies and
or you can sue him for damages. Damages for what? For
Principles, Article II. What is the significance? All the rulings
your consequent loss because your hair was not cut. Unsa
still hold. You know the Bill of Rights are the rights of the
may loss nimo? Tingali nag apply ka pagka-extra in an
citizen vis--vis the State and yet if a person succeeds in
Indian movie, that requires a tomahawk pareho ni Birdman
enslaving another, that is considered a matter for the State
unya wala ka madawat kay wala ka tupihi. Damage, loss.
because the provision says: No involuntary servitude in any
You can sue him for that. But never can you compel him
form shall exist ( Note, this is still in Section 18 of Article
against his will to render a personal service, that would be
involuntary servitude.
We said before that if you are illegally dismissed by your
Exceptions to that rule:
employer, that is no longer a violation of due process. That
was pronounced by the SC in: Serrano v. NLRC 1. Those who have been convicted of crime and now
serving sentence may be made to perform hard
Due process violation, according to the SC, is when the
State sentences you with a fine or imprisonment or some 2. The State may compel its citizens to render
other criminal penalty without due process. When the State compulsory military or personal service, civil
violates that, then it is a violation of due process. When an service. Why does it say now in the Constitution
employer violates that, just dismisses you without following military or civil service? Because there might be a
process mandated by the Labor Code, that is not a violation person of conscience who are pacifists. Dili sila
of due process because the State has not committed that moapil ug giyera. Di civil service ka lang, ikaw lang
but your employer and he is a private individual. So what is ang tig-recruit sa mga mo giyera. Thats why its
it? It is a violation of the process required by the Labor Code personal military or civil service.
and yet you will see, even after the Serano ruling, the SC 3. A civil servant may be compelled against his or her
still says in many of its decisions that he was illegally will to comply with her duty as a civil servant. This
dismissed in violation of his Constitutional right to security of is provided by the SC. Example, here is a retired
tenure. That is incorrect. court stenographer. He has retired and he has
received his complete pension so he is no longer a
So, if a private person succeeds in enslaving another, is that civil servant but he has left behind so many
the culpability of the State? The SC said yes. The State stenographic notes that had not been transcribed.

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And its impeding the speedy disposition of those you put them together into one question, they like that.
court cases. Can the judge not order to complete Why? Because it determines your grasp of the basic
the transcription of the stenographic notes? He is principles. It determines whether you can live with principles
already retired. The SC says yes. That is a that are disparate. Whether you can reconcile them. Now
governmental function. Governmental function that the essay questions are back then those kinds of
cannot be impeded. Why? Because it is in function questions become attractive to the examiners. Remember
of governmental duty: Dispensing justice. So he that the bar examination now is 80% essay, only 20% is
can be compelled to transcribe those notes under mcq. If you are completely wrong in the entire mcq and you
pain of imprisonment for contempt. Di gani nimo I are 100% in the essay, you will still get a remarkable mark of
transcribe ning notes, didto ka sa prisohan. Di pa 80.
gyud? Pabilin ka sa prisohan hantod imong
ikumpleto pagtranscribe ang stenographic notes. Now in labor standards law, we know of visitorial powers.
Remember, imprisonment there is not a penalty. It
is a means to compel the performance of a duty. Who has visitorial powers?
Involuntary servitude. The SC has said the
issuance of the Secretary of Labor of a return to First of all the POEA has visitorial powers to recruitment,
work order is not a violation of the prohibition placement and manpower agencies to whom it gives
against involuntary servitude. Remember, under licenses or permits to recruit. Again, the bureau of labor
the old 263(g), now Art. 269(g): Whenever in the relations and the secretary of labor has visitorial powers
judgment of the Secretary there exists a labor over unions, their offices. The regional director of labor has
dispute arising from an industry indispensable to visitorial powers for purposes of enforcing health and safety
the national interest, the Secretary of Labor may laws and for purposes of enforcing labor standards laws. He
assume jurisdiction over the dispute and issue a has visitorial powers in all workplaces.
return to work order. The return to work order is
What does visitorial powers mean?
issued under pain of losing your employment status
if you fail to work. Is that not a violation of the It means that the authority can enter those premises. That
prohibition against involuntary servitude? SC says means he is allowed to enter at anytime of the day or night
no. Why? Because you can still refuse, only you provided they are operating, provided they are in business.
will have no work. Is that not equivalent to They cannot have them opened if they are closed. But if
compulsion to work because you will be taken out they are open for business, then these authorities have the
of work? The SC says you refuse to work, therefore right to enter. Now when they enter, they are not allowed to
you are granted your wish. You will be out of work. search for anything. No. They are allowed let us say for
That is the reason given by the SC. Therefore, it is labor standards inspection, they are allowed to ask for
not a violation of the prohibition against involuntary documents and records that you are required to keep as an
servitude. employer.

What are those?

All right. The US SC has declared that an accused may be
Income records, roster of employees, employee records that
ordered to provide personal piece of tissue for purposes of
pertain to their status, whether they are probationary, when
determining DNA. The normal way of getting DNA is to open
they began their probationary period, how they became
your mouth and scrape the inner walls of the mouth then
regular, when they became regular, etc. They have the right
that is already enough to take samples of DNA. The
to take a look at those. If they want they can ask to be given
objection, believe it or not, in the case of this illegality in Civil
copies of those records. Because the law makes it
Liberties Union, they are always protagonist against
imperative of them to maintain those records. They have the
invasion of the state. The basic objection is that the
right to require the presentation of payrolls. How far back the
procedure of taking samples from the inner walls of the
payrolls? Since the operation of the factory 20 years ago?
mouth is unreasonable search and seizure. That was shut
No How far back? 3 years. 3 years because that is the
down by the Supreme Court. That is not unreasonable
prescriptive period for money claims complaints. 3 years
search and seizure.
lang. But the BIR can require the employer to produce
payroll records up to 5 years. Why? Because the NIRC
I do not know what will be the decision of the SC here. The
requires all business establishments to maintain records of
decision of the SC here, remember, follow the decision of
business transactions for 5 years.
the US Supreme Court with respect to an accused can be
compelled to try on shoes and clothes to determine whether
Now they are allowed to make interviews with any employee
or not he is the perpetrator of the crime. The objection here
with or without the presence of the employer. They can even
is that it is a violation of the right against self-incrimination.
say, ako ning interbyuhun ning imong usa ka empleyado.
Why will I provide evidence that will convict me? I have the
Ayaw dinhi. Palayo. Can the employer say, you are
right against self-incrimination. The SC shut that down
conducting a hearing. I have to be present? No. This is an
because the freedom against self-incrimination is the
exercise of visitorial power. This is not a hearing. He has a
freedom against testimonial evidence on your part. You
right to do that. Can the regional director of the Department
cannot be forced to testify against yourself. But you can be
of Labor visit a workplace at night and ask for those records
examined physically to determine evidence in court that
at night? If it is operating at night, the regional director can
includes trying on shoes or size, footprints, measuring their
do it. He can go to the call centers. He can go there.
feet, etc. that is not a violation. There are constitutional
issues like that and bar examiners favor multiple issues. If it
is a question of labor and also a question of political law and

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Can the call center give an alibi and say, We cannot Estrada? If you cancel the registration of the union, you
produce the payroll records because our payroll master or penalize everybody. Di man na nila sala. Sala man na sa
accountant is not here? Can they? No. They cannot. If you mga officers. Kadto sila ang sad-an, silutan, bitayon, they
are open, you must have readily available all of these can be ejected from the union. Not the entire union. That is
records that are required to be kept by the Labor Code. Now according to Jinggoy Estrada. They say there are more laws
what is the consequence if you cannot produce it? The coming. More laws on labor because there is another
consequence if you cannot produce it then labor inspector Estrada in the Senate. JV Ejercito.
will make the corresponding report. If the corresponding
report is against you and the corresponding report is The only question if they will be sitting together copying from
adopted by the Regional Director of Labor, the next thing each other. We have a senate with a brother and sister and
that will be issued is the compliance order. a brother and brother. We have Cayetano and Cayetano
and Estrada and Ejercito. Sa pagkadaghan natong mga tao
What is that? diri sa kalibutan, kana pa dyud ang nahitabo. I am not proud
to be a Filipino. Kana pa. So be careful. These are right for
It is an order for the employer to make good the level of pay the bar examinations because these are dual issues. Sayon
to pay what is the difference between the actual pay ra baya kaayo pagtabok ana. Buntag political law hapon
received by the workers pending the investigation and what labor. Malay nimo balik na pud ka sa political law
is supposed to be paid under the minimum wage order. pagkahapon kay naay nigamot na political law. O dili kaya
They can compute the time as far back as 3 years. Later on buntag pa lang daan naa nay labor law nisulod. So have a
can the employer say they are producing the payroll very clear and precise grasp of the political principles and
records, baliki ning among bookkeeper. Di-a ra. No. That the labor principles. Be sure.
can no long be accepted. The only other evidence that can
controvert the compliance order is documentary evidence Now you might be wondering why the housemaids or
not otherwise considered in the course of inspection. domestics are always subject of special laws. Now there is
Please remember this because this is not a violation of the this law of the Kasambahay. You know that terminology is a
prohibition against unlawful searches or seizure. This is creation of nationalist linguist like the salumpuwet.
visitorial power. Kung sirado ang factory unya musulod ang Kasambahay needs to have a special law. Why not include
labor inspector. Dumbulun niya, kuutun niya ang kandado, them in the general chapters of the labor standards, create
sulod siya. Kana that is a violation. But if it is open for a minimum wage for them and then lump them together with
operation and there are operations that are open for 24 all the daily workers? You know why? You might think the
hours. What are these? Kanang call centers. Naa bayay reason is historical. They have existed long before the
bag-ong law ron. Law involving the conditions of those doing factory worker came to being. The working class came to
night work. Abot sila didto ug kalit. Inspection. Are there being in the 19th century with the coming of the Industrial
sleeping quarters for those being relieved in the middle of Revolution. Before that there were already domestics.
the night? Mu-ingon sila ug No. Wala. You cannot inspect. Aliping pamumuhay o pambahay? Aliping unsa? Ambot
There are people sleeping there in the quarters. They can unsa na na? They have already existed even before the
inspect. Mu-ingon sila na you are violating the right to coming of the Spaniards. You say that since that is historical
privacy you cannot inspect. They can inspect. There are not they should be separated. That is not the main reason
enough sleeping accommodations for those who go out. because historically the craftsmen existed before the
That is a deficiency in labor standards. The next thing that Industrial Revolution and they were covered by the rules of
will happen is compliance order. You are hereby ordered to guilds.
comply. That is not a prohibition of the unlawful searches.
You have a guild. You have a master craftsman. You have
Supposed the Bureau of Labor Relations goes to the office apprentices. The apprentices did not earn until they were
of the union and asks where is your list of members, where approved by the master as now a craftsman. Sige lang ka
is your list of officers. We want to find and read your union ug trabaho. Pila ka tu-ig ka sige ug trabaho sunod sunod sa
minutes. Wa man miy minutes. Before it was very imohang master aron makantigo ka mamuhat ug
controversial because many of these things according to the lingkuranan, lamesa, magkarpentero. That existed long
Labor Code, violations of the old Art. 241: rights and before. But that was completely erased and all these
conditions of membership, can be a ground for cancellation craftsmen were included in the laws of labor standards. Why
of union registration. But now these are no longer a ground is it that you cannot do it with domestics? Why? Do I agree
for the cancellation of union registration. that they should not be included? Yes. I agree. What is the
reason? Because precisely the workplace is the household
What are they? and the household has a privacy that existed long before the
factory. The household is never a workplace pure and
Bureau of Labor Relations has not yet issued its various simple. It is an abode. It is the subject that is protected by
circulars and memoranda. Because the unions are fighting known unwarrantless searches and seizures. The
him. These could be grounds for subjecting the unions to relationship in the household is precisely membership in
fines because they are violations of the rights of workers. If household and whoever is included there in the household
they cannot produce the minutes of the meeting, the way is obligated to grant shelter and sustenance. Kanang mga
the voting and the canvass of votes of the election of maid dinha gawas sa sweldo na ibayad pakan-on na nimo
officers, etc., they are required by law to keep them in the kay kasambahay na sila. Kauban na nimo sila sa balay.
office. They cannot produce then they will be subject to fine. Magpakaon man gani ka ug iring ug iro ang maid na hinuon.
Part of your obligation is to feed them. Naglagot ka nila
What the law prohibits, the law of Sen. Jinggoy Estrada, is
makaingon ba ka na absent sa ka sa pani-udto kay buang-
the unions registration should not be cancelled for any of its
buang kang maid-a ka. Di na mahimo. Pareho lang na sa
shortcomings. What is the reasoning of this brilliant mind of

2013-2014 TSN Page 6


imohang anak. Mao gani na gitawag na kasambahay. Mao music for a particular movie. So you would think, 3 out of 4
dili na maapil diri sa labor standards. wala na. Daog na ang Miami Heat. If it was a series 3 ang
daog 1 ang pildi, kinsa man ang daog? Kadtong daog ug
Can the household be subject of visitorial powers of the tulo o kadtong usa? Why because the power of control test
Department of Labor of labor standards? is the dominant test. It is the determining test. Thats why
you have to examine the facts.
You cannot. Mga labor inspector adto didto tan-awon kung
ang mga maid insakto ba ang sweldo. Binuang. Unsaon Then the SC says in other cases, the issue of er-ee
nimo pagsulod nga balay man na. Di man na workplace. relationship is a question of law regardless of the facts of the
You see the reason? You should have clear reasons so you case whether or not it complies with all 4 or complies with
have clear idea about the labor code and the constitution. none of the 4 if the law says so, it is er-ee relationship. How
can you reconcile? If there is only one putative employer,
There are now rules. I am still not in the agreement with the question of er-ee relationship is a question of fact.
putting minimum wage. It should have been clear in the Examine the peculiarities of the factual consideration of the
Kasambahay law that other benefits given to maids should case. If you are involved in contracting and subcontracting
be given as part of wage. Naa may mga maids na dili stay-in when there is an indirect employer, there is a contractor, and
but they are still part in the nomenclature of maids. Why? there are employees of the contractor seconded with the
Naa man gihapon sila lugar dira. Kung dili sila gusto muuli indirect employer. The relationship is more complex. Then it
sa ilaha ana sila matulog sa inyoha kay kapuyan sila o is a question of law. Er-ee relationship becomes a question
grabe ang ulan. Mustay man dyud sila. You are obligated. of law.
Sometimes the head of the household extends a benefit not
normally extended. Mu-ana siya na kanang Labor only contracting. If the contractor does not have
kinamaguwangan nimo na anak pa-eskwelahun nako. Ang sufficient capital or investment in equipment in office and he
uban pa kay mahuman ug college. Is that not counted as is made to perform activities directly related to the business
part of wage? The law does not give such leeway and yet of the indirect employer. Then there is only one employer.
the benefits could be more. Is that not the reasoning in the Who is the employer? The indirect employer. The contractor
labor code when members of the family dependent on each is cancelled out. He is not an employer. It becomes a
other for support are removed from the minimum wage? If a question of law. I hate to say if this is applied at all.
son is working for a father and does not receive the
minimum wage and yet he is dependent on the father for Actually there are few controversies when it comes to
support, he is not counted under labor standards because software subcontracting contracts because they are just
he might be receiving more by way of other benefits than very rare features. If you have a contractor for installation for
what the law prescribes by way of wages. Thats why they a particular software that a company needs. Let us say the
are excepted under Article 80. Why is that allowed when it company wants to install Oracle database. The application
comes to members of the family dependent on each other is SAT-German Split. It is installed. The installer/contractor
for support? But not allowed when it comes to domestics? does not have any equipment. Unsa ba iyang equipment?
Too brilliant for Jinggoy Estrada. Kinahanglan ba sya ug laptop? Di man na laptop.
Mainframe man na. Madala ban a ang mainframe? Ang
All right. I would just like to point out several features in er- mainframe kay ang mainframe man sa employer. Naa siyay
ee relations. In er-ee relations, there is a question as to mga tauhan. Naa siyay systems guy, applications guy,
whether or not er-ee relations is a question of fact or financial application, production application, etc. Muta-od na
whether or not it is a question of law. There are decisions by sila dinha. Mu-abot na sila, unsa man ilang dad-on? Usahay
the SC that say er-ee relations is a question of fact. Each mudala sila ug sleeping bag. Usahay dili masulbad matulog
set of facts in each case is peculiar to itself that must be man na sila dinha.
examined against the requirements of the existence of er-ee
relation. Why are they contracted? Because Oracle charges $300/hr
for an upgrade or an installation. Pila man ang kubrahon
In Biama vs. Alagadan quoted in the case of LVN vs. aning mga tawhana? $90 lng. 1/3. Ngano manguha man sila
Philippine Musicians Guild, the SC said there are 4 criteria ani? Karaan na silang workers sa Oracle. Nang-resign. Nag-
for the existence of er-ee relationship: adventure. Nangahoy sa ilahang kaugalingon. Now if you
measure it according to the law, right then and there igo na
1. Selection and hiring; siya. Way investment/equipment, no office. Unsa man ilang
2. Payment of wages;
office na internet/email lang ang ilang office. And they are
3. Power to dismiss;
4. Power of control- control as to the means and installing something which is directly related to the work or
methods used by the employee not just as to the the business of the employer. What is the work/business of
ends or goals to be achieved but as to the precise the employer? Social network siya. Tanan mga bul-anon
mode or method to achieve that end. magtagbo sa iyahang website. Kailangan niya ug bag-ong
website ug database kay ang kalibutan nag-awas2 na ug
SC says of all the requisites, it is the power of control that is mga bul-anon. Naa sa Hawaii, America, Norway, Finland.
the controlling test. So you have to examine the facts of Magtagbo sila dira. Diba that makes the contractor a labor-
each case. In LVN vs. Phil Musicians Guild, the first 3 only contractor? You apply the law. But if you apply the law
criteria were not complied with because the one who did the to software installers/contractors, many of them will be
selection and hiring was not LVN. The one paying the wages outlawed. In fact many of them are in fact not registered in
was not LVM. The one who dismissed these musicians if did the Department of Labor. If you are a contractor for
not comply was not LVN. It was the musical director who manpower you must be registered. If you are not registered,
was an independent contractor engaged by LVN to provide according to the SC, it is a presumption that you are a labor
only contractor. If you are not registered unless you can

2013-2014 TSN Page 7


provide a good reason why you are not registered. Mu-ingon hired the musicians, who pays their wages and who has the
ka national security contractor unya dili ka registered. Mao power to dismiss the musicians. So that is why the ruling in
na ang nahitabo kay Edward Snowden. Tan-awa nang LVN case established the prominence of the control test. If
tawhana na dropout sa high school. Pila iyang sweldo sa the putative employer controls the methods, the manner, the
subcontractor? Pila? You are not reading? US$200,000 a means by which the employee achieves the goal that is set
year. Dropout but he developed proficiency in software. He before him, then there is ER-EE relationship despite
has very large database. Let us call it a night. whatever deficiencies there might be in the first 3 requisites.

July 10, 2013 Now, the determination of this is a question of fact. That is
why the SC says that ER-EE relationship is basically a
Sorry for I have missed the class because of the bar review. question of fact. You have to examine the peculiar
This is the last week of the bar reviews that I have to teach. circumstances of the case at hand as to whether or not
there has been selection and hiring.
I hope you have gotten the correct, the latest version of the
Labor Code. You should have at least the latest version so Now, of all these 4 elements, selection and hiring is the
that you have the correct numbering. After Article 130, the easiest to prove. Why? Because it is implied once a person
numbering changes because the new legislations were is suffered or permitted to work. If somebody works under
added. Big chops(?) of law have been added. Like the night your control, under your supervision, it is very difficult for
workers law, big chop? , Then, the Kasambahay Not to you to deny - that he is not your employee because you did
mention the amendment in 225 which added new provisions not choose him/her. That has been the ruling of the court in
in the Bk V of the Labor Code. Otherwise, you will be many of these contracts of contracting cases.
quoting or you will be referring to the old law, it might not be
accurate. If you do not want to buy, and I can understand
why, download it from the website. Download it from Chan,
or download it from the Supreme Court, or Department of California Manufacturing vs NLRC
Labor. That should be the least expensive way of doing it.
there is - special offer girls. Kanang mag suroy-suroy, bug-
So, alright. I will now jump to the employer-employee (ER- at gyud kaayo hantod ang paglakaw nila mura na silag
EE) relations cases. I will just pick a few cases that I like, the mahagbong na hapit na to house. Procter
ER-EE requisites and how it stands. & Gamble said -- we did not choose them. We just hired an
agency and they worked there, they trained there, we just
Now, the LVN vs Phil Musicians Guild on SCRA 132 (1961 supply the goods that they peddle house to house. They
case), this is a landmark ruling not because it enumerates are under this provision of their own agencies supervisors.
the 4 requisites of the ER-EE relationship. Because the The agencys supervisors are given targets for these
original case that enumerates the requisites is the case of special offers. These supervisors are those who are trained
Viana vs. Al-Lagadan, a much earlier case in the 1950s. by Procter & Gamble. Naa tay promo, unsa may promo
nato? Ay, kani atong ibaligya
Now, where did these 4 requisites originate? It originated
from the US Supreme Court. Actually, its central rulings in The ruling in California is that they are employees of Procter
the Supreme Court. Why is that? Because our laws, our and Gamble. They are not employees of the agency that
labor laws, are actually copies of US laws and was contracted by Procter. Why? Because the SC began to
jurisprudence. Our labor standards laws are copies of the use what under the old Article 279, which now is 293 or
Fair Labor Standards Act of the United States. rather 294 - regular and casual employees. That is what the
SC used.
Now, that has been enacted because of the Interstate
Commerce Act. In the Constitution of the US, there is federal Id like to point that out because this is prominent. What
jurisdiction in commercial laws, when interstate commerce is measurement should the SC used under the law? Is it 294
involved. Most employers have interstate dealings. Once or the measurement in 106?
they are registered in a federal institution, then you have
interstate commerce right away because you are dealing Look at the measurement in 106. There is labor-only
with an institution that is headquartered in Washington DC. contracting where the persons supplying workers to an
And immediately, this all-embracing clause interstate employer does not have substantial capital or investment in
commerce puts you under the federal laws of labor. Fair the form of tools, equipment, machineries, work premises,
Labor Standards Act - that is the basis for our labor among others, and the workers recruited and placed by
standards laws. such person(this is the measure) are performing
activities which are directly related to the principal
Now, just to refresh your memory, the 4 elements of ER-EE business of such employer. That is the measure
relationship are: 1) selection and hiring; 2) payment of supposed to be. Then, there is labor-only contracting, then
wages; 3) power to dismiss; and then 4) the power to the contractor is cancelled out but the SC does not use that.
control. What does the SC use? It uses 294 - To perform activities
which are usually necessary or desirable in the usual
LVN case is a landmark case because despite the non- business or trade of the employer.
compliance of the first 3, because of the prominence of the
4th element, the SC declared that there was ER-EE What is the purpose and business of Procter & Gamble?
relationship between the musicians who provided music to Manufacture personal care products, detergents and other
the films of LVN despite the fact that it was not LVN who

2013-2014 TSN Page 8


personal hygiene or cleaning products. They are supposed From decided cases, a peddler carries with him that
to be the manufacturers. which he sells. Ma green mango ba na na iya nang
panitan, ma silhig or hanger, o diba pagkaon kutchinta,
Now, how about selling those products? How is that related palitaw, kalamay unsa pa iya gidala, ice drop ba na, na
to the business? It is implied. It is part and parcel of their iya gibaligya, naa gani iya gidala, peddler na sya. Peddler.
purpose to manufacture. Why? Because if it is not, what is And to be a peddler, you are required to have a peddling
the use of manufacturing? Unsa man na, mamuhat sila ana permit from the city. You need effected permit. First, on your
human ipanghatag nila? So, the selling is directly related to vehicle where you deposit your things. Ah kay wa may
their business of making. things, usa ra ka bamboo dinha na gabitay dira na taho man
na gibaligya nimo, the favorite food of pregnant mothers
Now, what was their argument in California? We are not naa ba nay license gihapon? Naa gihapon na sa city
selling. Selling is usual and necessary to our practice of covered na. Peddlers license.
manufacturing. We admit selling is, but promoting is
specialized. Salesman ka? Do you need a salesman license? Kana
imong gidala, portfolio ba or bag ba or unsa diha, knapsack
Special offer is promoting, drawing up interest, creating ba sige ra man kag kuha order ana unya lain na may
market share That is not a forever activity. Once its mudeliver To have a clear understanding ha, there is a
properly established, then it is sold because there is already difference between salespersons and peddlers. Nagtulod ka
a demand. Promotion is only temporary. It happens only og bicycle ah unsa na, popsicle cart. Nagasakay ka
when the product is new. So therefore, it is not directly anang bisikleta na na nay Selecta ice cream. Unsa man ka?
related following 106. Peddler ka. Gitagaan ka ug sales invoice, mao ra na imo
dala, mangadto ka sa tindahan, Maam, pila man ka cases
But the SC did not accept the argument of Procter & imong kwaon? Unsa tong ilimnora, dong? Sparkle maam,
Gamble. The SC said it is usual and necessary to your trade Sparkle. Unsa man ng Sparkle? Who has drunk Sparkle
or business. There are so many kinds of detergents for here? Ha? Wala mo gainom anang Sparkle? Ang ginainom
washing clothes. If you do not make a promo, you will lose ninyo kay Sprite, dili Sparkle Ang Sparkle is one level
market share. You are always making promos. So it is now below Sprite. Sa cola, naay RC cola. Sa Sprite, naay
usual and necessary to your trade or business. Sparkle. Naa dinha manguha ka og order, lain na nang
mudeliver dinha sa Sparkle. Kana na nang man de hukas,
Ug wa kay promo, wa nay mupalit nimo. Cebu Pacific, kung na.. tricycle dinha, unya tan awon jud nimo maayo kay kung
mamaligya silag ticket na 1 peso ra ang plete, namaligya ba malipat ka, kwaan na nag usa ka botelya, giinom na na
sila ana or nag promo? Mao man na ilang rason nganong niya You go around taking orders, you are a salesperson.
contracted out nang ilang naa dinha sa sales nila, opisina
sa airport. Is selling passenger seats for 1 peso a sale or a If youre just a salesperson, the issue revolves around the
promo? Ug sale na, gituyo diay nimo na alkanse ka? Piso ra working hours, the kind of pay that you receive, are you
imong bayad? Pila imo makuha ana? That is what the given transportation allowance If you are not given
Supreme Court said. Selling the product embraces anything, you are given commission, dili ka employee. If you
making promos, special offer and it is usual and are not obliged to sell just Sparkle, mahimo sad nga
necessary to your trade and business. mubaligya kag lain dinha, nag sideline sad kag imo ba,
sunod nimo gibaliya kay uling, mutan aw sa imo
Therefore, those promo girls are regular employees. The mangutana pila ka kilo na uling? Unsa man na? bagol o
manpower agency that supplied them is cancelled out kahoy?
because that agency is a labor-only contracting agency.
What does that show? If you can sell other things besides
Now, as you can see, the issue there is no longer factual. It Sparkle? It means that you are an independent salesman
has become a legal issue. When you have two provisions because you are not bound to sell just your putative
screaming to be applied to the same set of facts, the employers products. If you have no requirement with the
determination as to what particular provision resolves the employer at the end of the day, that means that your time is
controversy is the legal question. So the question now is yours. But, if you are a peddler, the issue becomes who
this: Is the issue of ER-EE relation a factual issue or a legal owns the vehicle that you are operating. Is it you?
issue? The only way to resolve it is if there is only one
putative employee, if contracting or subcontracting is not Now, the question is, are you obliged to sell at a given price
involved, then the issue of whether or not there is an ER-EE fixed by your putative employer? Are you limited to particular
relationship, that is a factual issue. If there is contracting or territory designated by your employer? If you are, then you
subcontracting, the issue as to whether or not there is an are his employee. If you cannot determine your own price, it
ER-EE relationship, that is a legal issue. is fixed by you, if the particular brands that you sell cannot
be of your own choice, then you are exclusively his
So, Issues to determine whether there are ER-EE employee. Those are the indices. Kung dili mahalin, imo
relationship or independent salespersons when the job is rang gibaligya nimo, mauli nimo ngadto sa employer as long
selling More accurately, when what is involved is peddling. as you account for it, then you are an employee. Those are
What is the difference between peddling and selling? What the indices of being an employee. Peddler ha, lain ug mga
is the difference between a peddler and a salesperson? Di index sa peddler. Lain sad ang sa salespersons. Pay
na ta mahimog salesman kay ingnon ta unyag gender attention to that when you look at the specific facts of the
ignorance Salesperon. Alright. Peddler. Unsa diay case. Because those are the earmarks of the existence or
diperensya sa duha? non-existence of ER-EE relationship.

2013-2014 TSN Page 9


Alright. We talk about hiring people to do house extensive with the tenure of the project and to the activity for
improvements or house construction. You are a private which they have been engaged.
individual, you want to build a house. Naa kay yuta so you
have to construct the house. You hire a master carpenter Second, there are so-called Pool Workers. In other words,
who has been experienced for how many years constructing these are workers that were hired with no relation to an
houses. Unsay degree ana niya? Wa, grade school ra na existing project. They are the core needed to keep the
siya kutob. Wa na siya katungtung ug Engineering or projects moving. Take note, both are engaged to perform
Architecture. Wa na siya. Grade school ra na. Pero di activities that are usual and necessary to the trade or
kabalo mubasa ug plano. Imo siyang gi hire. Naa siyay business of the employer. Why? Because the employer is in
kaugalingong tao naa siyay panday, naa siyay mason, naa the construction business and yet one is regular, the other is
siyay electrician, naa siyay plumber, tanan, naa siya not regular is only casual, is project. But the project
question: Kana sila, are they your employees or his worker must be informed at the inception of the engagement
employees? of the duration of the project. And again, the project, he must
be reported with the DOLE that a project has ended.
Now, if you are engaged in the business of so-called build Following that, then you cannot prove that they are project
and sell, kadungog na mo ana? Palit siyag yuta, patukuran employeesIf those two are not there, you cannot prove.
niyag balay, ibaligya niya Asa man siya mag advertise(?)! >>> Kinahanglan kag tuxedo, Sulit. Now, the trouble is the majority of workers of a construction
Kinahanglan kag second-hand, third-hand iPhones, Sulit. company are project workers. Time and again, the argument
Kinahanglan kag Multi-cab, Sulit. Sulit lang. Is he your has been used precisely because they are in construction
employee or is he not? What is the clear indication that he is business and precisely because a constructor works on a
not your employee? That he is just an independent project business. Does that not mean even the project
contractor. The clearest indication, according to decided workers regular after the passage of multiple projects?
cases, is if he supplies not entirely labor only, if he supplies Human, kung construction contractual ka, may project man
some of the materials, clearly, he is no longer an employee. jud ka, that is usual and necessary to your trade to have
Independent na na. That is the ruling in the case of Cabe vs projects. Kung naa kay tao mag balhin-balhin na og projects
Tumang (1985 case). hantod na maniguwang na siya, gi pasa-pasa siya sa kada
project, does that not mean that by virtue of that moving, he
Now, if you are engaged in build and sell, chances are these is in fact regular?
people become your legal employees. Why? Because they
are doing an activity which is usual and necessary to your That is the issue and the SC has said, that issue has been
trade or business. And that again is your ruling in Caro vs forestalled by the memorandum of the DOLE. The
Rilloraza. Remember? Caro is in-charge of maintaining the memorandum says these people are project workers
properties that are owned by his wife that were for rent, because of the precise nature of the industry. So using the
commercial residential and he hired carpenters the SC same argument, the conclusion of the DOLE is opposite the
says the carpenters are regular because what theyre doing conclusion of labor.
is usual and necessary to your trade or business.
Because now many of these construction workers are
If you are engaged in real property business, part of your unionized. That is the issue that they raised. They will ask
business, a necessary part and parcel of your business is to the question You look for a construction company that is
maintain those real property premises in habitable condition. not on a project basis. If you can find one then that is the
So, you must have carpenters, you must have construction true construction company. Not all of us are on project basis.
workers. Now, suwayi paabang usa ka door dinha, diba ang They are called project workers who are usual and
number 1 kinahangalan diay nimo kay planner. Complain necessary to the trade and business of construction. And
na giabang, wala na dili na ma flush ang kasilyas, ngano yet, that provision is pre-empted by the DOLE.
man? Gibutangan man og jolen sa imong anak. Ang gripo
di na muagas.. naa na may buhok sa sink. Pasak-an na
sad nimo og karpentero. Unya buak man ang samin, ngano Alright.
man? Gilabayan mag bato sa mga bata dinha sa gawas
ilisdan na sad nimo. Mao nay problema sa mga Employee-employer relationship as distinguished from
mapaabang(?) Carpentry, plumbing all these the contract of agency
construction works are usual and necessary to your trade or
SC said that the common denominator between the 2
business. They become your employees.
contracts is that servcie is rendered to others.
Now, with respect to construction, there is a memorandum Whereas in agency, the services are rendered in pursuit of
by the Department of Labor. As to the construction industry, representation or for the purpose of representation, in the
this is the guidance coming from the DOLE Bureau of employee-employer relationship, the servcie is rendered to
Working Standards. further the enterprise of the employer, there is no
Number 1, there are 2 kinds of workers:
The key difference is that the contract of agency involves
First, Project workers construction workers that are hired servcies that are preparatory for succeeding contracts
in relation to a specific project and only for the duration of whereas in an EE-ER relationship, the services do not
that project. These workers are not regular workers. They prepare future contracts. These are rendered to further the
are casual workers in the sense that their tenure is co- enterprise of the employer.

2013-2014 TSN Page 10


Employee-employer relationship as distinguished from As to compensation

Agricultural Tenancy
Compensation in ER relationship is fixed and must be given
Delos Reyes vs Espineli within intervals of 2 weeks in no case longer than 16 days.
The compensation of tenant is conditional to the existence
We are here primarily interested in the basic differences of the harvest, on how large the harvest is. He is then given
between a farm employer-farm worker relationship and an his share. If there is no harvest, then there is no
agricultural sharehold tenancy relationship. Both, of course, compensation.
are leases, but there the similarity ends. In the former, the
lease is one of labor, with the agricultural laborer as the As to control
lessor of his services, and the farm employer as the lessee
thereof. In the latter, it is the landowner who is the lessor, In ER relationship, the farm owner has complete control of
and the sharehold tenant is the lessee of agricultural land. the means and method. They can tell the farm worker
As lessee he has possession of the leased premises. karong adlawa soil preparation ta sunod simena, tanom na
sunod weeding.....
But the relationship is more than a mere lease. It is a special
kind of lease, the law referring to it as a "joint undertaking." In tenancy, the tenant decides when to plant, how much to
For this reason, not only the tenancy laws are applicable, plant, how to take care and when to harvest, it is the tenant
but also, in a suppletory way, the law on leases, the customs who has complete control on the agricultural production
of the place and the civil code provisions on partnership. process.
The share tenant works for that joint venture. The
So what kind of control does the landowner exercises:
agricultural laborer works for the farm employer, and for his
Exceptional intervention control or veto power he can
labor he receives a salary or wage, regardless of whether
stop the tenant if he does something which is not unvirsally
the employer makes a profit. On the other hand, the share
acceptable as agricultural practice in that particular area.
tenant participates in the agricultural produce. His share is
For example, if tenant does away with rice production
necessarily dependent on the amount of the harvest.
because he wants to plant orchids, the owner can say no to
As to possession
So tenancy vis-a-viz employer-employee relationship:points
In Agricultural tenancy, there is a recognized legal right of
of comparison
possession at least to the whole lot. This right is separate
and distinct from the right of the tenant to continue his work
1. As to labor
or not.
2. As to possession
In fact if the government takes the land for other use, it is
not the only owner that is compensated but also the tenant. 3. As to compensation
The tenant has to be paid a disturbance fee.
4. As to control
So how about the farm worker, is he granted the right of
possession? Why is it important for us to know the difference? Because if
there is a dispute, you do not go to the Labor Arbiter but to
No, sometimes he is granted with additional benefit to stay, DAR. Kung gusto ka file ka sa duha sa musurvive lang...
an extra benefit. In tenancy, that is a requirement. Tenant mahimo mana, naa lang muatrass ana pero sa bar ayaw
has the right to stay in the agricultural land. Buhat xa ug ingna na ifile ang duha.
balay, naay baboy naay manok dira, does the owner of the
land have the right to the share of pigs and chickens? No. Let us now begin with labor standards

Suppose there are plants around the homeland, camote It begins with Article 82
planted sa likod, root crops ba. That is the savings acocunt
of the subsistence farmer sa panahon na lisod na walay Article 82. Coverage. The provisions of this Title shall apply
mutubong humay or mais mao na ang lugitun aron na a kay to employees in all establishments and undertakings
malung-ag. Does he have to give a share to the owner of whether for profit or not, but not to government employees,
the land? No. That is his. That comes with the right of managerial employees, field personnel, members of the
possession. family of the employer who are dependent on him for
support, domestic helpers, persons in the personal service
As to labor of another, and workers who are paid by results as
determined by the Secretary of Labor in appropriate
The labor involved in ER relationship is the labor of the
employee and the employee alone. That is his obligation to
render to his employer. As used herein, "managerial employees" refer to those
whose primary duty consists of the management of the
With respect to tenants, all the labor necessary for
establishment in which they are employed or of a
production is the responsibility of the tenants which means
department or subdivision thereof, and to other officers or
that his entire family may be needed to render services.
members of the managerial staff.
Mao na kanang magharvest apil mga anak, asawa, lola,
lolo, tanan. So not just the labor of the tenant but his entire "Field personnel" shall refer to non-agricultural employees
family, as long as it is required for agricultural production. who regularly perform their duties away from the principal

2013-2014 TSN Page 11


place of business or branch office of the employer and So that kind of definition includes supervisors. Managers in
whose actual hours of work in the field cannot be labor standards not only include managerial employees
determined with reasonable certainty. proper but also supervisors which is not true in labor
relations. In labor relations, it only covers managerial
After you have made the decision that this is EE-ER employees proper excluding supervisors.
relationship and this is not agency, government, tenancy,
you make another filter using Article 82 because these are, b. Members fo the managerial staff. They are
except for one, all exempted. managerial employees under Article 82. Most of
these members deal with managerial secrets and
Government employees , managerial employees, field matters. They assist managers to peform their
personnel, members of the family of the employer who are functions and therefore, they are not covered by
dependent on him for support, domestic helpers, persons in labor standards provision. Their functions and work
the personal service of another, and workers who are paid time are not the same as rank and file employees,
by results. It is true that there is an EE-ER relationship but their compenation are higher, they are not paid for
they are not covered by labor standards like minimum wage, their time but for their special qualifications and for
hours of work, rest period and etc. the results,

Government Employee Example:

If it is national or local government employees, then clearly Cost accountant they just work by themselves with a
they are not included but if they are employed in the computer all day.
Government Owned and Controlled Corporations, the so
called charter test must be applied. Are they managing other people? No. Do they lay down
policies? No. Do they hire, dismiss or discipline other
If the GOCC has original charter, then it is clearly employees? No. Do they recommend the dismissal or
government. If it has no charter even if it is owned and hiring? No
controlled by the governemnt, it is covered by the labor code
and the employees are covered by the regular procedure of What do they do? They are doing the costing needed in an
labor justice. So. The Charter test enterprise.

What do you have to know about the Charter Test? There is a very interesting case involving a cost accountant,
a 2012 case. She was given the privilege once if she goes
If it is a corporation, organized on or after 1973, the SC said overtime for more than 3 hours, to obtain free meals
that the charter test applies. Before that, the Charter Test reimbursable with the management. She was given 150
does not apply. pesos limit per meal. It was discovered that at certain times
she would bring her niece when she would work over time.
Now. If it is a corporation that has been in existence for She would feed the niece using the 150 meal. Eventually,
many years even before 1973 and it has an original charter she was fired. But i think there was another reason why she
being a creation of law, does that mean that it is was fired.
government? As a General Rule, Yes but there are
exceptions that you have to take note: Labor Arbiter upheld the ground. NLRC upheld when it came
to CA. CA also upheld. SC said she is a managerial
1. Philippine National Red Cross Gordon Case employee, she is given a reimbursable limit so it is under
her discretion bisan lain pa iyang gigastuhan ato. It is her
2. Philippine Federation for Veterans
business kung asa niya gigatso.. even if magskip xa ug
meal. Because she is a managerial employee. In other
3. Philippine Society for the prevention of cruelty to
words, even if she falsified the documents, the
misrepresentation still is not material for as long as she was
These are exceptions to the rule, even if they have original within the limit. If you commit fraud, it must be of material
charters, they have been declared as private corporations. points.

Managerial employees If your activities do not involve the exercise fo independent

reason/judgment, you are not a manager, if she is not the
I would like to point out that Managerial employees basic one deciding, she is not the manager. It is one who
definition in labor standrads is of two kinds. exercised independent judgment.

a. Those who Alright.

a. manage a particular department of the Field personnel

Remember field refers to
b. lay down policies;
1. Non agricultural non-agricultural employees
c. effectively recommends the hiring, firing, 2. Who regularly perform their duties away from the
disciplining, promoting and demoting of principal place of business or branch office of the
rank and file employees employer and

2013-2014 TSN Page 12


3. Whose actual hours of work in the field cannot be compulsory circular that corporations that engage in
determined with reasonable certainty. manufacturing must have an energy conservation manager.
And it must report to the DoE compliance to the hiring of a
So the moment they say, hes agricultural, he is no longer conservation energy manager. And this conservation energy
considered a field member. manager was claiming that he cannot be terminated
because his position is re3quired by this circular and
An example: Sales person that is paid largely by management was also claiming that this conservation
commisison basis. So WON he spends the whole night energy manager is not entitled to overtime. Why am I
trying to make a sale, he cannot collect overtime pay for the bringing this case up?
time that he works. Why? Because his hours of work cannot
be determined with reasonable certainty. Because the SC many times has to cut what is not essential
goes to the heart. The SC has said, the requirement of the
Dlaa ka client tapos nagkaon mo, ang panguatana Department of energy is not determinative whether or not a
nagtrabaho mo or nagkaon? Its difficult to answer, nagkaon position is regular or casual.
ka pero nagtrabaho pud ka, you are trying to convince the
client. Because of the ambivalent nature of your activity, you NAFLU VS NLRC (AJINOMOTO CASE) G.R. No. 90739
are not allowed to take advantage and collect extra October 3, 1991
compensation. SO how is it given to you? By means of
commission, it is successful selling, compensation that The action is basically anchored on the petitioner'
comes with successful selling. supposition that his position as Energy Manager is of a
permanent nature considering the continuing policy of the
Successful selling is not defined by a sales order but by State regarding energy conservation, and constitutes a
actual collection of the sales. promotion in rank from a rank-and-file level to a managerial
position. Consequently, he asks for what he presumes a
Family members dependent on the employer for the
corresponding salary increase.
Whether the Father or Mother depend on the child who
owns the business or vice versa. Why are they excluded? Petitioner was not promoted, but he was merely given the
Because there is already an antecedent relationship functional title of Energy Manager to comply with B.P. 73, as
covered by law. Filitaion is antecedent relationship covered distinguished from hi official title of Staff Engineer. There is
by the Family Code. Labor law is not about to supplant that no showing that he ha ceased from performing his duties as
because for all you know, by virtue of that relationship, this Staff Engineer. Of primordial consideration is not the
fellow might be getting more. nomenclature or title given to th employee, but the nature of
his functions. There is no substantial proof that the petitioner
When it comes to family members, SC said that all
was vested with any of the power and prerogatives of a
extraordinary efforts of compromise should be exerted.
managerial employee, as defined by the Labor Code.
Again, domestics and in the personal service of another.
The fact that B.P. 73 did not provide for a salary for the
Energy Manager simply means that the law left that matter
Before, if the domestic is paid at least 1000 pesos you have
to the discretion of the employer, consonant with existing
to register him/her to SSS. The new law now mandates that
if the domestic is paid upto 5000 pesos then it is the sole
responsibility of the employer to pay the SSS, if above 5K,
An employer's exercise of management prerogatives, with or
there is now a counterpart on the part of the domestic.
without reason, does not, per se, constitute unjust
discrimination. Unless there is a showing of grave abuse of
Now, in the personal service of another. Usually
discretion, we can not substitute our discretion and judgment
bodyguards, vallets ( story of ancient royale protocol)
for that which is clearly and exclusively management's
prerogatives. To do so would take away from the employer
what rightly belongs to him.
July 17, 2013
It would be stretching one's imagination too far if one
Last week we discussed workers who are exempted from considers B.P. 73 as a labor law where doubts are
Title I -- hours of work, rates of pay, leave. resolved in favor of labor. B.P. 73 is a law concerning the
promotion of energy conservation. Its provision on the
These are the workers that are exempted: appointment of an Energy Manager is merely incidental and
does not change the nature of the law, from a law on energy
Government employees; conservation to a labor law. However, while we continuously
affirm our enduring sympathy for the welfare of the laborers,
Managerial employees; especially the low-salaried but modest rank-and-file whose
talents, efforts, patience, and dedication have often gone
That includes supervisors, members of the managerial staff unrewarded, we can not trample upon the rights of
if they are covered by the definition. Remember what is employers in their exercise of what clearly are management
peculiar about the managerial staff --- he does not manage prerogatives. The employees inherent right to control and
anyone yet he is called manager. Yet there are people who manage his/her affairs efficiently and effectively must,
are also called managers and they are not included. In a likewise, be respected.
decided case where the Dept. of Energy passed a

2013-2014 TSN Page 13


paid on a per piece basis if he is a piece-rate and a task-

basis if he is from a task-basis compensation. Task-basis
Please keep that in mind because that is reiterated in a means according to stages of completion. Why is that
subsequent case where the SC says, that even if the Labor important? Why do you say that the stage at which a task
Code says that a regular doctor is required if the work place basis employee is paid is important because even if they are
is hazardous and the workers exceed 1,000 that does not exempt from overtime they are not exempt from the wages
make the doctor a regular employee. If the doctor is made to provision of the Labor code.
serve more than 8 hours in a workday, he is entitled to
overtime. That worker, whether casual or regular, must be paid his
compensation not longer than intervals of two weeks and in
Because entitlement of overtime is not dependent on the no case longer than 16 days. Even if you are regular piece-
nature of your appointment. Whether or not you are a rate or on a task-basis, every 2 weeks you must be paid
managerial employee is not determined by your title. Even if because that is what the provision on wages says.
the circular of the Dept. of energy says that you are an
energy conservation manager. Energy conservation Now, if you are not finished the task but the agreement for
manager is for the purpose of the DoE. What makes you a the compensation is according to the task, are you entitled
manager? Specific duties that you practice, that is what to be paid? Yes, you are entitled to be paid. What is the
amakes you a manager. If you are an energy conservation basis of the pay? The stage of completion. If it is one half
manager who is under you ? Who are you managing? complete then you must be paid one half.
Nobody. What is your job? Your job is to see to it that you
make the management comply with the requirements of the Simple ra na kayo. Aha man ang problema? Driver siya.
DoE. You are a compliance officer. That is your job. Once Unsa man ang gi-drayberan? Kanang heavy hauler in
again, you must look behind the titles, the labels in order to different points in Mindanao and it is on a per trip basis and
find out if these employees really belong to the the tariff is already made known to them. Kani gani paingon
categorization enumerated in Art. 82 as exempt from labor Surigao city 1,200 na mao na imong rate gikan didto
standards provisions. pabalik. Pag-abot didto na nahugma ang makina. Di man
niya kaya i-lift ang makina. Kuha pa siyag mekaniko kay
Field personnel; nagtukod siya. Mahitabo ba nang mahugma ang makina?
Mahitabo na. Madakdak ang trak. Mahugno ang makina
Members of the family dependent for support from labin na kung ang engine support ana kay gitaya na. it stays
the employer; there for more than a week already. It took him a week to go
Domestics; and
Nganong 1 week man didto? Kita na mog 26 wheeler na di
Those in the personal service of another madag semento? Nisaka na nag 38 degrees primera na ba
na? mahimo ba na sa driver ingnan ang helper tan-awa ra
Art. 82. Coverage. The provisions of this Title shall apply to gud kung ga-aso na ba ng ligid nato. Way break-break
magsige dagan man na kay hinay man kayo. Mura man nag
employees in all establishments and undertakings whether
snail. Di makalukso anang river. Isa ka semana paadto ditto
for profit or not, but not to government employees,
pagdeliver ug semento. Hugma ang makina. Mangayo na
managerial employees, field personnel, members of the siyag sweldo, does he have the right? Task-basis man
family of the employer who are dependent on him for kaha? Wa pa man nahuman. He has the right. He is
support, domestic helpers, persons in the personal service covered by the wages provision.
of another, and workers who are paid by results as
determined by the Secretary of Labor in appropriate What is the difference why we have to distinguish piece-rate
from task basis? The basic difference is piece rate is entitled
to 13th month pay, the task basis is not entitled to 13th month
As used herein, "managerial employees" refer to those pay. Why? Because the law says so. I dont know why. It
whose primary duty consists of the management of the was Cory Aquino who said so. Its in the guidelines. A task
establishment in which they are employed or of a basis pakyaw worker is not entitled to 13 th month pay, a
department or subdivision thereof, and to other officers or piece-rate worker is. How is the 13 th month month pay for
members of the managerial staff. the piece worker determined? You pay the average. You pay
his gross earnings over a 12 month period preceding the
"Field personnel" shall refer to non-agricultural employees
period that is in question then you divide it by twelve. That is
who regularly perform their duties away from the principal the 13th month pay.
place of business or branch office of the employer and
whose actual hours of work in the field cannot be Now, the assumption is that a piece-rate worker works only
determined with reasonable certainty. on the average only 8 hours a day. One day he may work 12
hours but the following day he may be so tired he cannot
work so that in the average he only works 8 hours. That is
the assumption of the law.
Pakyaw workers
Taxi driver ka 24 hours ang imong boundary. Pila lang imong
Remember pakyaw workers? Two kinds of pakyaw workers:
maboundary? 1600 ngano man? Bago ang sakyanan.
piece-rate and task-basis.
Avanza man ang sakyanan. (mas kung vios
A bonafide pakyaw worker is not given hours. He is just kaya mas maraming avanza ang nag-aabang sa airport).
given a sample of the output that he should meet. And he is Are you entitled to 13 th month pay if you are in a boundary

2013-2014 TSN Page 14


system? You are entitled. That is employer-employee coverage of your working day? Your working day is from 8
relationship. That is not lease. And you work on the average oclock in the morning you go around the clock twice then
of 8 hours only? Why? Tan-awa ng mag-24 hours karon you go back to 8 that is your 4 hour working day. Why is that
maka 24 hours japon ugma? Di na na matulog. Your important? Because that is the framework when you are not
average earnings will fall just like an 8 hour period. They are supposed to work more than 8 hours. Otherwise, you will be
entitled to 13th month pay. All these things that you learn you entitled to overtime pay. So, working day is not equivalent to
apply them to regular ER-EE cases that you know. Find out. calendar day. It begins everyday on the same time on the 1st
hour of work. That is the working day. Now, if you divide the
Retail and service establishments that employ not more working day. but the calendar day, if you divide it to 3
than 5 employees. They are exempted. shifts, 7 am-3 pm , 3pm- 11pm, 11pm-7am. Thats 3 shifts.
Why 7 to 3? Where is the lunch break? Aahh, where a
Health personnel of medical institutions (Section workplace operates for at least 2 shifts the ER is allowed no
83) longer to grant meal breaks. Sugod na gani kag trabaho,
naka timotimo ka na, mulabang gani ka sa panahan na tig-
1. In cities with at least 1 million population or
kaon, pugngan ka aron makaalusot ka. Adto na ka kaon
pagkahuman. The law allows that. If a workplace is on a 2
2. In establishments with one hundred capacity
shift basis the meal period is done away with. So, 7 to 3 una
What about health personnel? Their work week is not 6 days ka mutunga didto trabaho alas syete namahaw ka na. Ang
but only 5 days. So if you are a nurse in Davao Doctors pasabot sa paniodto, alas tres ka na maniudto. Naa ba kay
hospital and you are made to work after working for 5 break? Naa. Rest periods you are allowed. Half of the
working days. If you are made to work on the 6th day then calendar day you are allowed rest periods, coffee breaks not
you will already be paid premium. What is the premium? It is longer than 20 minutes. And that is compensable working
30% of your regular hour. That is for morning. On the 6th day time. That is article 84.
if the work week is only 5 days.
Art. 84. Hours worked. Hours worked shall include (a) all
Art. 83. Normal hours of work. The normal hours of work time during which an employee is required to be on duty or
of any employee shall not exceed eight (8) hours a day. to be at a prescribed workplace; and (b) all time during
Health personnel in cities and municipalities with a which an employee is suffered or permitted to work.
population of at least one million (1,000,000) or in hospitals Rest periods of short duration during working hours shall be
and clinics with a bed capacity of at least one hundred (100) counted as hours worked.
shall hold regular office hours for eight (8) hours a day, for
five (5) days a week, exclusive of time for meals, except
Now, 7 am-3 pm , 3pm- 11pm, 11pm-7am, suppose you are
where the exigencies of the service require that such
working for 1 month on the 1st shift, 7 to 3. At the end of the
personnel work for six (6) days or forty-eight (48) hours, in month the memo of change of assignment is pu there in the
which case, they shall be entitled to an additional bulletin boarnd. You are there, Juan dela Cruz. You are now
compensation of at least thirty percent (30%) of their regular shifted to the 3rd shift, Graveyard shift 11pm-7am. Now, on
wage for work on the sixth day. For purposes of this Article, that same calendar you show up for work 1 st shift 7-3 that
"health personnel" shall include resident physicians, nurses, same calendar day you go back to your workplace and you
nutritionists, dietitians, pharmacists, social workers, report at 11 in the evening and you go beyond the 8 hours
that day and you come out at seven. How much will you
laboratory technicians, paramedical technicians,
paid on the 11-7? Straight time pay? Your first day of work
psychologists, midwives, attendants and all other hospital or
on that new shift you are paid overtime rate. Plus night shift
clinic personnel. differential from 11 to 6. Why? Because your working day of
that last day is 7 back to 7. Thats your working day. Now,
on the second day you are working now on that 3rd tshirt,
Fishermen crew your working day shifts. It now begins at eleven but your last
day your working day is still 7 in the morning to 7 in the
The crew of fishing vessels who go out in deep sea, are they morning the following day. So your work in excess of 8
paid for work beyond 8 hours? The answer is yes. Provided, hours, 7 to 3 ka tapos nibalik napud ka pag alas onse, 11-7.
it is actual work. Are they paid for staying in the boat in That is overtime because you are working more that 8 hours
excess of 8 hours? The answer is no. it must be actual work in the same working day. So please ha, keep that in mind
in excess of 8 hours every working day. How much are they because it is the working day that is the framework for the
paid? They do not have overtime pay they only have straight overtime. That determination of whether or not you are
time pay even for working in excess of 8 hours. That is the entitled to overtime. That is the framework.
rule under P.D. 74 following the fisheries act of 1979.
All the time that the employee is to be at a prescribed
So, the crew of fishing vessels have overtime pay equivalent workplace, is to be on duty or to be at the prescribed
to straight time pay. workplace or all the time that an employee is suffered or
permitted to work, two rules:
Alright, let us go to definitions.
1. The first rule is to be used if you want to determine
What is a working day? According to the implementing rules compensability and the employee is not productive.
a working day is 24 consecutive hours beginning at the 2. The second rule is to be used if the employer-
employee is actually productive.
same time everyday from the 1st hour of work. So, if your
working hours is, 8-12, 1-5, thats 8 hours. What is the

2013-2014 TSN Page 15


Example, garments. What do they produce in these

garments? Working gloves. Sa ato pa, para asa man ng
working glove? Export. Naa bay nag-gloves diri nato? Wa Suppose she does it, helping the supervisor or
man. Isa ng construction, nga naa tay kana diha. Kanang suppose she is not asked but on her own, she takes it on
mag-construct, magsugod na gani nag kalo, ah naa na nay her own and picks up these materials and helps the
gloves, naa na kay hard hat. Di ba? Naa na kay hard hat, supervisor to label. That supervisor is grateful but the
kana sila mag-gloves gloves na mga tiranggu diya. Pero supervisor never asked her. Question: Can she ask for
kanang mga ultimo, wala gyud. Mga purnal, wa gyapon na. compensation for that work? That is suffered or permitted to
Tagaan lang na silag kalo aron ma-satisfied ng Asya. work. Implied consent if the employer or his duly authorized
Workplace safety. Occupational safety. representative sees her working and says nothing. Wa ka
hununga. Suffered or permitted to work. Kung sa binisaya
pa, gi-agwanta ang imong trabaho. Bayad ka ana. That is
implied consent. So this is with respect to when the worker
But suppose one of the workers in these garments, is active and it is not his working time.
since she has been found to be deficit in her output,
surreptitiously carries unfinished work in her bag and goes
home and finds a sewing machine with a strong enough
needle to go through the work that she is doing and she All right. Other examples. When a worker, working
finishes her work there and she brings it back so that she time is defined, and yet he or she is made to come earlier
can comply with her quota. Nawa na ha? First question: Can because of preliminary duties that are required of him. For
she be required to have a quota for an eight-hour working instance, feeder or feed tender in a hog farm. If you are a
day? Kinahanglan mag-produce ka ug singkwenta (50) ka feeder or a feed tender in a hog farm, there are certain
gloves, wala ug tuo. Gloves na wa ug tuo. Pair man na. Pair. hygienic requirements that you have to undergo before you
Singkwenta ka pair, singkwenta ka gloves. One hundred ka properly do your work. Why? Because you are not supposed
gloves kay singkwenta man ka par. Dili siya makahimo ana, to put yourself in a position to contaminate the hogs. You
dili siya suweldohan? Di mahimo. Time-worker man siya. come from the outside. Muabot ka. Pag-abot nimo,
Nganung time worker man siya? Naa man siyay time card. kinahanglan maligo ka una. You take off your street clothes,
Punch in-punch out, time worker siya. Di siya mahimo nga keep them in a certain place. You have to take a shower.
buhaton nimong piece-rate. Pero can you give him a After your shower, you put on your working clothes that
quota? For purposes of discipline, you can. If she cannot remained there and that are never taken out. After you put it
make it, warning. The following day, paltos pa gihapon, on, then that is the time you are ready to feed the hogs. That
wala na. Tawgon na na siya sa supervisor. Sukit-sukiton na takes thirty minutes. But your time card only says you start
na. working at 7 (am) but actually, you arrived there at 6:30.
Question: Is the thirty minutes compensable working time?
That is the issue and the answer is yes. That is
compensable working time. Why? Because you are required
Employer: Diin man ka gabii? Diin man kang disco to do these preliminaries. Your main duties cannot be done
kagabii? unless you undergo these necessary preliminaries.

Employee: Pero gud Sir, wala gyud ko katulog gabii kay

ang akong anak gitubuag ngipon, sigeg hilak.
Question: Ang imong trabaho receptionist. Pag-
Employer: Di na mahimo ha, di ka makahimo sa imong apply nimog trabaho, mao nay requirement dinha: pleasing
quota. Di na mahimo. Ika-tulo pa gani, di ka maka-quota, personality, required oral and written communication.
tangtang ka sa linya. Balik ka na sad ug training. Balik kag Pleasing personality. Wa pa gani abri, tua na ka. Niya aron
trainers allowance. ma-pleasing ang imong personality, mamintura ka sa imong
mga kuko. Question: Is the time that you are there thirty
minutes earlier, is that compensable working time? No, its
not compensable. Thats not compensable. That is your
Pwede ba na? Yes, that is allowed. Balik ka. So responsibility. Remember, it has always got to do with some
you will be trained again. Thats for purposes of discipline. improvement, some procedure that you have to be at the
The quota is not given for purposes of compensation. Now, ready that is required of you. Suffered or permitted to work.
those who are afraid that they might be disciplined. Hinay-
hinayon nilag tigum tong wala nila mahuman, dad-on nila
sa ilang balay. Ilang trabahoon adto. The issue is can they
be claimed overtime? Gida nila sa ilang balay, nagtrabaho Here is the Pan Am case, Pan Am Employees vs.
sila. What is the rule that we should follow? Suffered or Pan Am. Ground crew of Pan Am Airways. Their instruction
permitted to work. Are they suffered or permitted to work? is once the airplane taxis in, that is the priority. If you are
Unless their supervisor knew about it and did not raise any eating, you leave what you are eating and attend to the
objections, they are not suffered or permitted to work plane. Why? So that there will be shorter turn-around time.
because they surreptitiously brought the working materials The schedule of the plane is always earlier than the meal
home and they did it on their own time. Suffered or period. But many times during the week, the plane is late.
permitted to work. Many times during the week. More than half of the time
during the week, the plane is late. So it now happens that
Thats a different story if here is a worker that you have just resigned yourself into saying, di na lang ka
arrives at the assembly line always one hour before his mulingkod ug kaon ug paniudto nimo kay muabot man gyud
actual working hours. The supervisor also arrives one hour ning eroplano nga samtang nagakaon ka. Now the issue is:
earlier. Why? Because the supervisor is in charge of getting Is your entire meal period compensable or only those times
the work stations ready. Butangan na na niyag raw materials when the plane comes in exactly within your meal period?
dinha. Tan-awon na niyag na bay hilo ang mga makina. Tan- That is the issue. Di ba? Hibalo ba mo unsa. Kay sige na
awon ba ng dagum ana nga nagtul-id pa ba o nabaliko na. mag ka late ang plane, muingon na lang ka nga di na lang
Siya muy mutan-aw ana. Now, because the supervisor sees ko mukaon hangtud di moabot ang eroplano. Then the issue
one of these sewer. She is already there, the supervisor boils down to this: Are all my meal periods compensable or
asks her, Ikaw ra gud, i- distribute ra gud ni day sa mga only those meal periods that are disturbed by the late
work stations kining mga tinabas nga gloves nga wala pay coming of the plane? Supreme Court says all your meal
tahi. Ibutang ra gud ni dinha. periods now are compensable working time. Thats what the

2013-2014 TSN Page 16


Supreme Court says in the Pan Am case. Because you are nibuto man si lolo. Di man ta to niya kuptan pero nagkaon
disturbed so often, you cannot make use of that meal period man siyag biko. Pagkupot niya, paglabay niya ay nalayo na.
according to your own personal benefit. Suspense man ka. Wa pa man kay nagpabilin man si biko. Pasko man, di ba?
Niya kinahanglan mu-attend man ka sa plane dayon kay Di nibuto. Operahan. Nadawat niya alas-siyete to. The time
mutuyok man dayon na. Kinahanglan man na mulupad to travel from her home to the hospital place of work, that is
dayog balik. already compensable time. Until she reaches back to her
home, that is compensable time. So thats the rule with
respect to being on call.

The economic logic is the more the plane is on the

sky than on the ground, the more profitable for the airline.
Mao nang patuyukon gyud dayon na nilag balik aron What is the rule with respect to brown-out? Nag-
mulupad. Mao man na. In terms of efficiency. So, you are brown out ug duha ka oras. Compensable gyapon na,
impliedly required to be at the required place or at the Father. Nganu man? Masahista man na sila, niya buta. Sige
workplace. Even if under the law, you are supposed to be lang gyapog trabaho. They are still working. Buta man nga
consuming your meals. Now, remember the rules on meal mga masahista. Now lets change the facts of the case.
periods ha. Because the meal period is also a right. What is Unsa may trabaho niya? Composer sa kanang i-print.
the right for meal period? How much time do you have to Printing gani. Siya may mu-layout ana. Wa may electricity.
consume your meals? One hour and it should be Di, dili mudagan iyang monitor. Di mudagan iyang computer.
uninterrupted. What kind of meals are these? Coincides with Unsa man, maghintunga lang siya dinha. The rule is when it
the Anglo-Saxon custom of three meals: Breakfast, lunch, is brown out, brown outs that do not last more than two
and dinner. Now the law says that if the employer has a hours, provided the employees are allowed to use the time
good reason, he can do away with the meal period of one to their own benefit. Meaning makalakaw sila, baligya silang
hour provided that his workplace is not physically strenuous pangompra diya dayon pauli, palit ba silag pirit or unsa ba
in nature. If that is the case, then the employer can just give dinha aron pagpauli nila, diretso na imbes nga mangompra
the employee twenty minutes to consume his meals, his or sila human trabaho, the employer can extend the working
her meals, and the same will be compensable working hours. Two hours. That is what the circular for brown-out
hours. Give an example: says. Not more than two hours. That is the rule. Now, the
rule is questionable but that is the rule.
1. Construction work - You cannot dispense with meal
periods because the work is strenuous in nature. Ingnon
nimong mga pahinante diya nga memorisa lang na ninyong
paniudto, di mahimo na. Bug-at and trabaho nila. Attendance of meetings. The worker is not
Construction industry, you cannot dispense with meal productive. Paadtuon siya. Unsa man iyang trabaho? Teller
periods. sa bangko. Teller siya sa bangko. Imbes na manglingkod
siya diya ang teller, naay seminar. Gipadagan sa Central
Bank. Unsa man ng seminar? How to recognize fake bills.
Domingo ang seminar diha sa Central Bank. Nganong
2. Retail Industry - Retail, Gaisano. Gaisano Grand, domingo man? Ang lecturer, gikan man sa Manila gipalupad
Gaisano Mall. Can you? Yes, you can dispense. But you diya. Dala na lang sa iyang bakasyon paingon sa Eden. So
must grant them twenty minutes. mu-lecture siyag duha ka oras. Is that compensable time
nga na siya sa lecture? It depends. If you were not made to
attend pero nganung gusto man gyud siya mu-attend? Teller
siya. Ika-upat na siya sigeg ka-short. Sa iyang training,
Another rule, if the work place is, at least, on a two- absent siya pag-train nila. So sige siyag ka-short. So di siya
shift basis and with all the more reason if it is on a three-shift makadala sa shortage allowance. The bank, let us say for
basis, then you dispense with the meal periods. You example, has a shortage allowance. Three month period,
dispense with the meal periods. The worker is obliged to you have two thousand pesos. If you do not commit any
show up to work already having consumed his meals. shortage within the two month period, the two thousand
pesos is yours. If you have a shortage, then the shortage
will be deducted against your shortage allowance. That is
the rule of the bank. Wa pa gyud siya kadawat tawon anang
All right. How about being on call? On call. What is iyang two thousand kay nganu man? Sige siyag ka-
to be on call? You are not actually at the workplace. You are shortage. You know that is a special skill. Katawa lang mo
somewhere else but you are always ready to be called by ana. Suwayig ihap. Unsaon man nimo pagkabalo kung
your employer in case he needs you. Now all the time that taliwa na beh? Ah dili, tan-awon gyud na nimo kada usa. Di
you are on call, are you entitled to compensation? Example, na nimo mahuman. Kinahanglan sige ihap ra ba ka. Hulbot
operating room nurse ka. Christmas and holiday and New dayon nimo, mailhan dayon nimo nga fake na.
Years Eve, the most sacred family time for family bonding,
you are on call kay operating room nurse ka man. Nganong
operator nurse ka man on call? Libintador man na, kanang
mabuthan sa kamot. Ing-ana dinha. Now, tawgon ka man Tulo ra na. Tulo ka fingers ra na, makahibawo ka
dayon ana so dagan dayon kuno. Question: Is all the time na. Kinsa may niagig teller diri? Naa bay niagig teller diri?
that you are there compensable time that you are entitled? O di ba? Naa ra na diri, mailhan na nimo. Dili gyud ka kaila
Supreme Court has not yet written a decision on that but the ana kung kuwang ka sa training. Karon na nay mga aids,
decisions in the US jurisprudence is you are not entitled to daghan na kayo ug watermark, naa nay mga pasihag-sihag,
compensation during your on call. Why? Because you can thread lines. So as to seminars, meetings:
still make use of the time to your benefit. Who can prevent
you from cooking something, preparing the noche buena
while you are waiting for the call. Nobody can prevent you.
You can always do something for your benefit while you are 1. It is scheduled not during working hours;
on call. But the rule says the moment you receive the call, 2. You are not compelled or ordered to attend
working time tolls. Kadawat kag call, alas-siyete sa gabii. working;
Report to Operating Room No. 3. Naa tay amputation dinhi 3. When you do attend that, you are not actually
kay nabungkag ning tanang kamot niya. Gikuptan man niya productive.
sa tirang-lolo (NB: Superlolo a type of firecracker). Niya

2013-2014 TSN Page 17


Now take note ha, even if the supervisor knows day which is your rest day, that is both overtime and
that you are attending but the supervisor does not order you premium. Question: In the computation of 13th month pay, is
to attend, that is not suffered or permitted to work. Why? premium pay and overtime pay included? 13 th month pay
Because you are not productive. Wa man ka manguhag computation. The answer is no. Only your straight time pay.
laing account o di ba mag-disburse ug account. Wa man ka Is premium pay and overtime pay included in the
acting as a teller. Naminaw man ka sa training. You are not computation of your withholding tax? And the answer is yes.
actually productive. If that is the case, those three requisites, That is included. Remember the basis for the computation of
its not compensable. So all right. Because many times, they premium and overtime pay is your regular rate or your
give you problems on compensable working time. straight time pay. That is the basis for the computation.

Manila karon ha, they are trying out a Metro Manila Now, there is a night premium pay. Night
Overarching Ordinance. Unsa man ng ordinance? Truck ban differential, take note of that. Technically, night shift
for the whole day. Truck ban starting at 8 in the morning up differential. What is that? If you are made to work between
to 6 in the evening. Kanus-a na man ng mga trucks ma- the hours of 10 and 6 in the morning, you are entitled to an
allowed pagawas? 6 in the evening to 8 in the morning. additional compensation of at least 10% of your straight time
Now, kung ikaw driver ka diya sa truck magdakpan ka diya, pay. Night shift differential. What is your work? Security
padaplin ka na kay dako kayo ang fine. What is the guard. What are your working hours? Ang security guard,
classification of the truck? Unsa may truck, unsa may dili dose-dose man na sila. Unsa man ng dose-dose? Alas-otso
truck? Double tire na gani ang inyong likod, truck na na. Sa sa gabii hantud alas-otso sa buntag. Ang ilang gipulihan,
ato pa, kanang mga jeepneys sa Arakan nga oversized alas-otso sa buntag hantud alas-otso sa gabii. Dose-dose.
jeepney nga double tire sa likod, truck na. di na makasud Kanang gabii, na na siyay night shift differential from 10
didto. Now, what happens if youre the driver? Niya (pm) to 6 (am). Everyday, he receives that. Is that part of his
nadakpan ka sa truck ba, padaplin ka niya nagtulog ka. regular pay? If his shifting is never changed, that is his
Katorse oras, perting hinagok nimo. Lamia sa tulog nimo. regular shift. Murag lisod man tuuhan noh pero ug dili pud,
Kana. Na sad ka gamay nga katol ba or standard tool of the perti na putia sa iyang mata ug luspad sa imong nawong.
driver. Katol, kaldero, gas. Nganong kinahanglan man siyag Kadaadlaw ing-ana imong kuan, wakwak ka na. Thats why
gas? Usahay, mag-uwan uwan man, manguha kag kahoy the turnover of these call centers is very fast because
unya imong isugnod diya human bitayon nimo sa ilalom sa according to the Supreme Court in the Shell case, the night
imong truck, kaldero ana. So unsaon man na nimo? was not created for work. The night is not created for work
Sindihan na nimong kahoy nga basa pa, di man na musiga. so, therefore, there should be additional compensation for
Butangig gamay nga gas, di ba muulbo dayon. Naay gamay working at night.
mantika ana, palit kag gamay ginamos dinha. Naa bay
papayas nga hilaw-hilaw, sungkiton dayon nimo. Ayos na.

Now, if you take a look on the recent law on night

work/night workers, it says nothing about pay for night
Is your entire stay there because of the truck ban, workers. Nothing. Because those call agents receive more
is that compensable? Wa pa na ma-covered sa than the straight-time pay minimum wage. They receive so
memorandum circular sa Department of Labor Labor much higher pay. What is provided there is that they should
Standards. Bureau of Labor Standards. It is my submission be allowed or be given health check-ups. They can request
that if your original orders was given in such a way that your for health check-up every 6 months. Then they can be
trip, you have no choice but you will be caught in the truck allowed extended leave for health reasons. Why? Because
ban, then you are suffered or permitted to work. But you are you are affected. You work at night. Sagunsula ra gud. The
stopped by the truck ban because your employee chose, so younger you are, the better your stamina is for sleep
therefore that is compensable. Kung ikaw naglangan, you deprivation. The younger you are. Mag-cram ka, 24 hours,
had orders not to leave but you left, then you can not be igo gyud mug-exam ka. Mahimo pa na nimo. Nganu? Karon,
considered as being suffered or permitted to work. So note you are in your 20s. Kwarenta ka na, suway ra gud mo ana.
two kinds of pay: Maghinutok ka. Although nay nag-ingon pop, di ba. They
pop pills to pop them up. But thats the problem. The
problem of pilots. Trans-pacific flight is normally 14 hours.
You fly from Hong Kong to San Francisco, that is 13-14
1. Premium pay hours. Its not the same as flying from the US to Europe.
2. Overtime pay Thats only 8 hours. Di ba? Anywhere from Singapore,
Bangkok to North America, pareha ra lang man na. Mu-land
ka sa San Francisco or sa New York, almost the same.
This is with respect to compensability. What is Why? Because you have polar flight, you go over the North
premium pay? Premium pay is additional compensation. Pole. You can cut the globe in equal parts, that is the
Additional to what? To your regular, straight time pay of 8 shortest part. The shortest path -14 hours. Piloto ka. Dili
hours. Premium pay is additional, on top of your regular pay man na sila overtime. Wala man na silay overtime. They are
granted to you because you are working on a day when you paid on the basis of how many nights they sleep not in their
are not supposed to work. Its your rest day. Its a regular designated home cities. They have a maximum landings
holiday. Trabaho ka. Kanang i-sweldo nimo dinha, premium and takeoffs per 24-hour period. Your body has to take that.
pay na because youre not supposed to be working. Thats
your rest day or its a holiday.

Unsa may nahitabo atong pag-landing sa San

Francisco. Nakuha baya tog iPhone cam. May gani karon,
What is overtime pay? Overtime pay, again, is kanunay na nay camera. Kuha gyud. Tulog-tulog nato. Upat
additional compensation paid to you because you are kabuok piloto sa cockpit. Two of them were seniors. Ang
working in excess of 8 hours during your working day. nahitabo ato, katulgon na ang duha. Unya panahon na mu-
Question: Can it happen that additional pay is both premium landing, ah ikaw na lang una. Nakalimot sila na katung ni-
and overtime pay? The answer is yes. When? When you are takeover, although daghan na ug oras, permiro pa siya mu-
working on your rest day in excess of 8 hours. So that land sa San Francisco. Lupad gyud ang lubot. Undershot.
portion of your working time in excess of 8 hours during that The San Francisco runway is already protruding the sea.

2013-2014 TSN Page 18


Sangit. Lupad na. Pagkawala sa lubot, wa na. Kinsa na may productive but actually working. That is the rule that you
mu-giya. Those are the workplaces. Drivers, kanang mga use.
bus drivers. Once you turn them into no longer time workers,
patay ka. Mao nang sa Edsa, mau ng gi-ingun nilag death When he is working, but he is outside his working hours, the
highway kay porsyento man. Kadaghang mangamatay rule that you use is suffered or permitted to work. Have we
dinha. Let us continue next week.
discussed this? We discussed this.

Now let us go to the evidentiary side. The Supreme Court

July 24, 2013 has said, when an employee files a complaint for
underpayment or nonpayment of wages, what does he have
The coverage is the entire Labor Standards. What will be to do? All the employee has to do is to allege: (1) he is an
new there is nightwork. This is the culprit for adjusting the employee of this employer; (2) he has to allege that he has
numbering of the labor code. Those are what are new, been underpaid or not paid at all.
The first he proves by writing an affidavit. I so and so, that I
Employment of Night workers. That is what is new. Article am being engaged by XYZ corporation as the driver since
154 of the New Labor Code as up to 161, Night work 1981. That is enough. That is his evidence, his own
schedule. That is by virtue of R.A. 10151 June 21, 2011. testimony. Now, does so and so, does he have to produce
payroll records? Or his pay slip to prove that he has been
And then there is another new law, which is this special law. engaged ___? The answer is no. All he has to do is to
And that is the Kasambahay Law. Kasambahay. They are allege! Why? why is he not required to produce any proof,
used to be domestics. Now they are kasambahay. I suggest his pay slip? Because according to the Supreme Court, the
you go to the website of the Department of Labor, there is a employer is required to keep payroll records. So my
primer there for the kasambahay. Catechism there, question question is what kind of payroll records is the employer
and answer. So, you dont have to take down notes. Just go required to maintain and for how long. Implementing rules
to the DOLE website and get the kasambahay catechism. I say that payroll records to be kept by the employer three (3)
call it catechism, question and answer. years. Why 3 years? Because the prescriptive period for
money claims is just 3 years. Actually the employer keeps it
I just like to remind you of the night work . What it does not
for longer than 3 years. Why? because of another law, the
cover. Because you will find out that this is strictly for call
National Internal Revenue Code, which must keep records
agents. This is strictly for call agents because in Article 154
up to five (5) years for purposes of the NIRC.
coverage. This chapter to apply to all persons, who shall be
employed or permitted or suffered to work at night, except Alright, if the employer is to keep payroll records, what must
those employed in agriculture, stock raising, fishing, be contained in the payroll records? For each employee, he
maritime transport and inland navigation, during a period of must maintain payroll records that contain the following: (1.)
less than seven (7) consecutive hours, including the interval the period covered by the payroll. You know very well that
from midnight to five oclock in the morning, to be the period cannot exceed sixteen (16) days. Why? Because
determined by the Secretary of Labor and Employment, the law requires that the employer must pay the employee
after consulting the workers representatives/labor at intervals of two (2) weeks or in no instance more than 16
organizations and employers. days. So period coverd. Second. (2.) the rate of pay, the
strict time rate of pay whether hourly, daily, weekly or
So there you have it. It is strictly for call agents of the BPOs.
Kanang mga.. unsa may tawag sa banana packing houses.
Now labor standards is basically for daily paid workers. They
Their operations are non-stop. They process it overnight.
are the lowest earners. The daily paid. So our law reckons
That is not covered. It is being said so by the law
pay on a daily basis. Is there such a thing as hourly? Yes!
There is. You have to divide the daily rate according to the
So I pointed out these two laws to you because these are
maximum number of hours required by the employer which
two sections of the labor standards that is probably not
in no case should be more than eight (8). Is it not? Because
reviewed to you. We might not have time to cover these
the maximum number of hours worked per working day for a
thoroughly. You should be able to go through it yourself.
full days pay must not exceed 8 hours. It can be lower than
We have gone through the different classes of workers that 8 hours. It can be just 7. Because the employer might give
are not included in Title 1, hours of work, ____ of pay. We that as a concession. How? Either by explicitly or by
have gone through the rules of compensability(?) on practice. The moment that you allow your employees to take
working hours, Article 84, the two rules. Those are the two a lunch break of longer than 1 hour and that obtains for a
basic rules for the determination as to whether or not the considerable period of time then that gives rise to a right.
hours of work of an individual employee are compensable For example, ordinary office worker, the working hours is 8
working hours or not. to 12, 1-5. Thats 8 hrs. But then, actually, you allowed the
workers to report back after lunch at 2 oclock. What
The workers rules: (a) all the time that an employee is happens? The maximum number of hours becomes 7. So
required to be on duty or to be at a prescribed workplace; actually in effect the employer by practice has lowered the
(b) all the time during which an employee is suffered or requirement of the law. So what is the maximum number of
permitted to work. hours of work now for a full days pay? It is 7. Is that
violative of the law? No. Why is it not violative? Kung
The first rule is used to determine whether or not the hours musaka violative man. Kung muubos kag 7, di man.
of an employee is compensable when he/she is not Because it is in favor of the employee. That is the labor
code. If it favors the employee, then that is allowed.

2013-2014 TSN Page 19


We connect it to a collective bargaining agreement. differential? Wala kay nightshift deferential. Nang nightshift
Suppose the CBA says 8 hours of work, 8-12, 1-5. Actually differential asa man na? 10 in the evening to 6 in the
in practice, they are allowed to come home and to come morning. Kung na balhin ka sa ika duhang shift 7 in the
back at 2. What has happened to the written agreement? evening to 7 in the morning, naa kay nightshift differential.
Can the employer, after, let us say, 1 year allowed its Naa ka overtime? In either shift you have overtime pay
employees to come back at 2, we will stick it out to 8 hours? because you work in excess of 8 hours. So how many hours
Now you must come back at 1. Mubalik ta. Posterity of overtime do you have every working day or night? 4
measures depict that we should go back to 1. Can you do it? hours ka. Overtime ka ug 4 hours.
No more! You cannot do it. You will have amended the CBA.
Was there a written amendment? No, that is called Now, how many times can you collect the premium of
Fractional Bargaining. There has been an amendment due restday pay. For working on a restday what is the rate?
to practice. And practice gives rise to rights. And if the rights 150% ra na. Basta restday if you work. 130% if you work on
that gives rise to is favorable to the employee then it is that a holiday, dili legal holiday. Kung legal holiday, 100% diba?
practice that prevails. Favorable man. The lowering of the 200% na imo kung mu work ka.
number of hours.
So right then and there ang 365 days dungagan na nimo
So laxity. In terms of enforcing labor standards does not dayon ug 11 days. 11 days na man run ang legal holiday. Na
work in favor of the employer. An employer who is lax is 12 na man diay. Nganong na 12 man? There are 2 muslim
punished by the labor code. Sa binisaya pa, ang holidays that were added to the original 10.
mapasagarun ginasilutan sa balaod. Simple lang and
pasabot. Ang tanga nga employer gibunalan sa balaod. So right away you add those, you add nightshift differential,
Tanga tanga gani ka nay musilot sa imo. you add overtime. So the computation of the annual pay
becomes very wide (bad) because you get the sum total
However, suppose that has already been the practice and annual pay, you divide it by 12 and that is his monthly gross
the CBA has come up for amendment. And then you beat pay against which is deducted those that are allowed to be
the 8 hours. Is that allowed, so that the next 5 years you deducted by law. What are those allowed to be deducted by
again enforce 8 hours? Is that allowed? Yes, that is allowed. law? Ha? What are those in the labor code? Review man ni,
Because the employee is presumed to negotiate the terms ngano di naman mahinumduman ha? SSS, Pagibig,
and conditions of work. For as long as it does not bring the PhilHealth, o tulo na. Withholding tax, what else? Union
benefits or the obligations of the workers lower than the dues. Di ba? If there is a proviso in the CBA that says check
standards, then there is negotiation of amendments allowed. off of union dues. And then premium or industrial insurance
You can bring it up. In other words the diminution of benefits must have been agreed upon by the employees and the
prohibition under Article 100 and Article 127, they will not employer. Those are the allowable deductions.
Question. If an employees is allowed to make cash
Alright. We have taken up the concept of working days. advances. Not sexual advances that is prohibited by the
Remember the rules. The concept of working week. How anti-sexual harassment law. This is advances from your
about the annual year? Is there a concept of the annual payroll. Can the employer deduct from the gross pay? Is
year? No, there is no concept of the annual year. There is there any limit to the amount that he may deduct due to
however a concept of the annual wage. When is the annual advances? Is there a limit? Di kaha ma sero na na pagka
wage material? The annual wage becomes material when katapusan sa buwan? Mahurut na lang na iyang pay. Wa na
the standard work hours or standard work days are not jud siyay makuha. That is not covered by the labor code.
applicable to the employee. Give an example. Suppose you That is covered by the civil code. Thats why it depends on
have a security guard on a 12 hour duty. Your working hours what he signs when he gets a cash advance because that is
are 12 hours. And you have no rest day. You work 365 days a loan. Mutuum. It is signed there, deduction and sometimes
of the year. Wa kay ligo ligo. Dose ka oras imo trabaho. In the employers put the terms to be deducted, every 15 th and
that case, you actually receive pay for more than one year. 30th. Wa na ni. There is no limit to what the employer can
Everyday you work overtime. What is the presumption if you deduct because the moment the obligation ripens then the
work on sunday and that you have no restday? The obligor must pay, that is the civil code. There is no labor law
presumption of law is that Sunday is your restday and when that determines settlement of advances. There is no labor
you work on a Sunday because you have no declared law. So it is the civil code.
restday, youre working with no premium for working on a
restday. So that is included in your computation. When you So it is important, therefore, that the employer makes the
compute there, the actual number of days of work is employee sign the proper forms. Suppose, there is no form
certainly more than 365 days. That is when the annual that is signed, can that happen? No that cannot happen.
working year becomes relevant. Unsaon man pagkompra sa advance kung di siya magpirma
ug receipt? Naa man gyud nay pirmahan nang gidawat niya
Let us see how many premium pays and overtime pays you nga kwarta. Unsaon man nimo pagadto sa finance or payroll
can still remember. 12 hours ang trabaho sa security guard master nga muissue magdisburse kung wa kay gipirmahan
everyday of the year. What should be included in the nga nadawawat na nimo. Di na mahimo. Naa gyud na siyay
computation? Review na man gud ni. Alright unsay iapil? pirmahan bisan resibo lang na gidawat niya. Pagdawat niya
Kanang security guard, dose ka oras gani na, mao na ilang atung sweldo niya, ideduct to tanan. Because he is even
gitawag syete syete. 7 oclock in the morning to 7 oclock in granted a favor of collecting his salary ahead of time. The
the evening. Mao na ang 1st shift. Ang 2nd shift, 7 oclock in employer does not look back there because he has granted
the evening to 7 oclock in the morning. Syete syete. Now if payment even before it is due under the labor code. So if he
you are in the 1st shift, syete syete ka. 7 oclock in the deducts the entire amount, there is no violation. There is
morning to 7 oclock in the evening. Do you have nightshift only human consideration. Kung maayo ka nga employer,

2013-2014 TSN Page 20


kung dili ka gusto nga initan sa imo mga empleyado. The is Thursday and Friday because Friday is the day of
relevant area of employee-employer relations maximizing worship. So Saturday and Sunday are working days in
the reduction of friction between employer and employee, Saudi Arabia. Now they have changed it to Friday and
that is beyond the law. Those are policies for personnel Saturday to align it with all the other sovereigns in the
management. But the law is, once you sign your cash middle east. Qatar, Dubai, all those, their weekend is Friday
advance, your pay, kadtong tibuok nga amount ideduct. and Saturday. Why? because they are losing up to a billion
dollars every month because they have their weekend on
Alright, favorite question in the bar examination with respect Thursday and Friday. It is dysfunctional for the rest of the
to legal holidays. 1st, two legal holidays falling on the same world. Because believe it or not, the weekend in China is
day, do they operate to reduce to 9 the 10 holiday pay also Saturday and Sunday. The weekend in Japan is also
benefit that a worker is entitled to receive? When it is two Saturday and Friday. Can you imagine they will be opening
holidays falling on the same day and it is a monthly paid all their banks when all the banks all over the world are
worker, not a daily paid worker, you must take the decision close? They cannot transact with _____ etc. They will lose
of the SC in Asian Transmission Corporation vs CA, penned up to a billion dollars a month. Unya muingon ka they are
by Justice Carpio-Morales, 3rd Division, 2004 case. SC says, respecting Christian tradition when they are officially a
unlike a bonus in which is a management prerogative, muslim country. Is that so? They are bowing to economic
holiday pay is a statutory benefit demandable of the law. necessity. Not cultural pervasiveness. Those are the
Since a worker is entitled to the enjoyment of 10 paid reasons. Thats compelling. Just like you say I am marrying
regular holidays, the fact that the 2 holidays fall on the same him because he has a good character. It is the character
day should not operate to reduce to 9 the 10 holiday pay that is compelling. So hope you remember that for your
benefits a worker is entitled to receive. This ruling is given political law.
when the worker that is involved is a daily paid worker. If it is
monthly paid, this ruling does not apply. Why? Because a For the first time in the US, the issue prayer issue. Can you
monthly paid worker, all the days of the year is reckoned have prayer? Malacanang does not begin the cabinet
with or already computed. Why? Because you receive the meeting without a prayer. Is that not establishment of
same amount of pay regardless of the actual number of religion? You think the SC will put a stop to that practice if it
days worked during the month. Kung monthly paid ka? Lahi is challenged? If you were put in the shoes of the SC, will
ba imong salary kung February nga beint-ocho dias ra you stop that if that is challenged? That will test your grasp
kaysa July nga 31 days? Nagkalahi ba imong salary? Di of constitutional principles.
man, pareho ra man gihapon. Pila man ang diperensyang
adlawa na na? July, 31 sa February, 28, di tulo ka adlaw ka The armpit has been opened.
diperensya. Regardless of the number of actual days
worked, your pay remains the same. That means that all Another possible bar question is the recent issues in the
days are accounted. But, if the issue is daily paid United States of LGBT. The correct terminology now is
employees, two regular holidays. Monthly paid employees LGBT. Lesbian, Gay, Bisexual, Transsexual/Transgender. If
are entitled to an additional days pay if the holiday falls on a unions in the US recognize, what is the implication here?
Sunday. That is the issue in Wellington Investment and Labor, if an employee dies and he is LGBT, that is a
Manufacturing Corporation vs Trajano(?), this is a monthly foreigner and he has a marriage on the US that is valid. Will
paid employee, the holiday falls in a Sunday, is he entitled to the survivors/ partners (claim benefits). That is the issue. In
an additional days pay because that is his rest day, he is not your Persons and Family Relations, is the marriage of the
entitled to work? And the SC says, NO. Why? Because he is LGBT in the United States recognized here? Because
a monthly paid employee. specifically a marriage is between a man and a woman? You
have to have something to write in the bar examination,
Asian Transmission and Wellington Industries, those two answer which is sensible. You might write something there
cases. Wellington Investments is 1995, Asian Transmission that is discriminatory, that is also prohibited in labor code.
is 2004. Almost 10 years. Remember, not only Muslims but Although, Under our anti discriminatory law does not include
also Christian employees in the designated provinces and sexual orientation. It just includes religion, race, ethnicity,
cities are entitled to holiday pay on the Moslem holiday. age. It does not include sexual orientation. If you want to be
Moslem holidays that are earmarked in PD 1083. Why is correct culturally, you must include their gender or sexuality.
that a rule? Because, Muslims are also entitled to the That is already a failing ground. It cannot be discriminatory.
holiday pays of Christian holidays if they are in the non-
muslim areas. Is that a violation of separation of church and (Story about the teachings of the church and the 77 page
state? Suppose youre asked, why is the law giving workers decision of US Supreme Court allowing gay marriage).
privilege on religious grounds? Like Holy Thursday, Good
There is a Federal law, The Defense of Marriage Act
Friday, why? Is that not establishing religion? You answer
passed by Clintons. It says,even if you are legally married in
what the SC said. The case of _____ vs Rodriguez, when
states which accept this kind of marriages. If you are not a
the Eucharistic congress was made the stamp of the Bureau
man and woman, you cannot avail of the 1000 or so
of Posts. The first Eucharistic Congress held in 1932. That
provisions for marriage couple that are found in the federal
was questioned by constitutionalists and the Philippine bar
statutes. Like the benefits under the SSS, right to decide on
association. Why is it that the government will use as a
the funeral and burial of your partner, you cannot avail of the
postage stamp _________? The SC said, it is not as a
benefits under the federal law. That was challenged as
religious event that this is recognized as an event. It is now
discriminatory. The one who wrote the decision of this case
a cultural event because it is so wide spread in the
ask Are these people human beings? if your answer is yes,
Philippines, its celebration is repeated and repeated. Even
then you willhave to respect them. You cannot discriminate
the nearest country Japan recognizes Christmas. Just last
them. That is the summary of the case, the law is
month, the KSA changed its weekend. The weekend of KSA
discriminatory that is why it has to be abolished. (About

2013-2014 TSN Page 21


church again, story on The Divine Right of Kings.) Father sugar sa iyang pagkaon. So that is a process done in the
ends his story by saying that because of academic freedom farm done in conjunction with.
he can say all these things about the church.
In the same way coconut make it to copra. Lugiton nimo
Lets us go on with our review of labor standards. If you list ang lubi, painitan nimo sa kalsada. Are those persons
down all the different labor standards benefits you will have: processing it since coconut is excluded, are they agricultural
rates or are they industrial rates? Kanang nangompras,
1. The eight- hour labor right nagsugnod ug bagol para initonn ang copras kay walay init
sa adlaw, dinha kay agricultural rates gihapon na. Pero
2. The minimum wage kanang naa sa Franklin Baker sa Sta. Cruz modawat anang
lubi nga tibuok ang mo process ana, industrial worker na
The labor standard says no person shall work for less than
sila. That is a chemical process, which involves transitions.
the minimum wage. Who determines the minimum wage?
Again,abaca. Kanang magbuhat anang lanot, lukdohon sa
It is no longer the legislature. The legislature has delegated
mga netibo gikan sa bukid padulong sa ubos. Kinsa pa may
the fixing of minimum wage, to whom? It is trusted to
mamalit ana karon? Kana na lang magbuhat ug decorative
Regional Tripartite Wage and Productivity Board (RTWPB).
materials. Is there processing to make it into abaca fiber?
RTWPB is created by the Wage Rationalization Act. The
Are they agricultural or Industrial rate? Still agricultural rate
minimum wage is now regional in scope and character. In
because no chemical, mechanical processes. That is a task
scope, according to the territory of the region. In character,
perform by a farmer in conjunction with. Tobacco? Have you
taking into consideration the living standards of that
been to Ilocos? Every Saturday they sell tobacco in different
particular region because of the basket of goods embraced
grades. Mao nang buhatong tinustos, you roll it yourself then
on the consumer index, demand for family living wage, and
sindihan nimo. Is dried tobacco classified and sold that was
all other criteria listed in the law. So each RTWPB sets a
processed, is that agricultural or industrial rate? That I still
minimum wage, and the minimum wage it is set according to
agricultural, you add nothing on the tobacco. Pero kung imo
the classes of worker. Whether it is agricultural, that is the
nang ibaligya sa US Fortune Tobacco Corporation of Lucio
qualification, whether it is commercial or industrial.
Tan and gather and grates them, starts to blend them and
produce cigarette. What is that? That is not agricultural, that
is industrial and the wage rates of the workers there are
In our region, commercial and industrial are lumped together industrial rate.
as a class. Agricultural is further divided into two classes. 1.
Agricultural Plantation or 2. Agricultural Non-plantation Pineapple, kanang pineapple nga gi process sa DOLE,
workers. Plantation workers if they are workers in a farm sapsap then hiwaon isulod ug latakanang mga
land at least 24 hectares then they are considered nagatrabaho dinha nga murag madre nga naay tabon sa
plantation workers and have slightly higher minimum wage. ilang ulo nga puti, puti pud ilang suot. What is there wage
Non-plantation, ordinary worker working for an employer rate, agri or non agri? It used to be agricultural because
with less than 24 hectares then that is there specific Philippine Packing Corporation won the case in the early
provision. The issue is what is agriculture? And agriculture is sixties that is why they call themselves Philippine Packing
defined in the law as farming in all its branches and among Corporation (Del Monte) they said that they are not adding
other things includes the cultivation and tillage of soil, dairy, anything, no preservatives we are just repacking the
the production, cultivation, growing and harvesting of any pineapple. We are not processing pineapple. But one day
agricultural and horticultural commodities, the raising of live their pineapple in can were found to be spoiled, they found it
stock or poultry and any practices perform by a farmer on a necessary to add preservatives. Why did that happen?
farm as an incident to or in conjunction with such farming Nagstrike sila sa Philippine Packing Corporation and all the
operations but does not include the manufacturing or processed fucked up, gibutangan diri sa kuko, tae sa baka
processing of sugar, sugar maze, coconuts, abaca, tobacco, sa packing house sa del monte. Sa Puerto, when you go
pineapple and other farm products. down from Camp Philips in Del Monte down there. Mga
truck sa Philippine Packing Corporation tag duha kabuok
If you work in a farm of sugar cane, you are an agricultural puno ug pineapple. Lisod man magliko because there are
worker and covered by agricultural minimum wage. But if many hairpin turns there. Mangambak ang mga tao gikan sa
you work in a sugar refinery, or sugar mill, you are not an pampang then magdala ug sako then iitsa kay naa man
agricultural farmer, you are part of the exclusion. But if you naghuwat lukso dayon sila. Dili pa kaabot ang truck didto na
are farm worker working on a muscovado sugar mill, are you sila, namaligya na silag pineapple didto sa ubos. Mao nang
an industrial or agricultural worker? Have you seen a naay security gurad kay dagko kayo ang truck.
muscavodo sugar mill? Ituslok nila ang sugar cane sa tube
cylinders then naa moagawas dinha. Ngano motuyok man? They used to throw the peelings of pineapple to the sea.
Kay naay kabaw nga motuyok tuyok. Mogawas na dinha The fishermen complains kay baho kaayo. They are forced
ang kamay, galingon na nila. The most healthful sugar to find the use of it, and they found the use. Thats why
because daghan fiber. Refined sugar wala ka kahibalo Philippine Packing started going around Mis Or buying
makanser paka ana, processed food is mother of all cancer. cattle. They breed cattle, they use as fattening cattle and
These days, its very difficult to look for non-processed food. they mix concentrates. So kanang mga tao sa yard,
Muscovado sugar is something which a farmer does in fattening cattle with pineapple pulp/peelings. Kay kanang
conjunction with or incident to farm mill operation. That is pineapple juice I crush nimo, ang nahibilin I feed sa cattle
the sugar state with each ___. Kung kinahanglan sa mag and they ship 200 to 300 heads a week to manila. Kanang
uuma ug asukae sa iyang kape, dili man mahimo na mga taker dinha industrial or agricultural? Agricultural
magkuha lang siya ug sugar cane, kinahanglan man niya ug gihapon na kanang fattening kay wala man nimo injectioni
ang cattle o unsa ba dinha. Gipakaon man gihapon na nimo,

2013-2014 TSN Page 22


gwapo gwapo lang ang gipakaon nimo dinha. But the So the night workers law covers Articles 154 up to 161. This
workers in the canning factory, the women there who are whole set of articles is RA 10151 which was approved in
doing slicing and putting it cans now that they add June 21, 2011. The implementing rules of RA 10151 is DO
preservatives that is already processing of pineapple and 119-12 dated January 20, 2012.
that is industrial rate.
First lets look at the definition of night workers. Who is a
Kanang dinha sa Toril, the sign there in toril in front of St. night worker?
Peters funeral parlor, we buy mangoes the price for puree
300/gallon. Kanang mga tao nagatrabaho mamanit ug Art. 154. Coverage. x x x
mangga, mao rana ilang trabaho mamanit ug mangga. Is
that agricultural or industrial rate? That is already industrial Night worker means any employed person whose work
because that is the beginning phase of dried mangoes. requires performance of a substantial number of hours of
Hiwa hiwa then lutuon butangan ug asukal then ibutang sa night work which exceeds a specified limit. This limit shall be
bulsitas kan on sa mga hapon, amerikano. They are fixed by the Secretary of Labor after consulting the workers
industrial workers because you dont normally do that. representatives/labor organizations and employers.
Tanan harvest nimo imong panitan? Talagsa ra gyud na
kung nay mohangyo kanang green pa..pero exception na. Article 154, second paragraph says: night worker means
Kanang mango peeled there are made into dried mango any employed person whose work requires performance of
that is an industrial process because it involves already the a substantial number of hours of night work which exceeds a
addition of chemicals. the biggest buyer of mangoes in the specified limit. This limit should be fixed by the Secretary of
Philippines is Pro Food. It has in Cebu, with 5000 women Labor after consulting the workers representatives, labor
workers. They are very efficient in peeling mangoes they organizations and employers. So you have to look at the
can do 150 tons a day. (Story of their efficiency). So know IRR to know what exactly a night worker is because if he
whats agricultural, it is important because the rate changes. works a substantial number of hours at night, he is a night
worker. What is substantial? That is defined in the IRR. So
What is the key difference? Once there is heating, in the IRR, what does it say?
chemicals, processing, it ceases to be agricultural. If there is
a mechanical process but it is traditional mechanical Section 2. Definition. As used herein, night worker
process. That is why sugarcane is squeezed and juice is means any employed person whose work covers the period
extracted in the muscovado mill process, that is traditional, from 10 oclock in the evening to 6 oclock the following
that is still agricultural. Buhat ka anang kamay, mag akob morning provided that the worker performs no less than
gani nang kamay gahi kaayo sa tanan. Lethal weapon na seven (7) consecutive hours of work.
kung ilabay na buak imong ulo ana. Mao nay gamiton sa
pagbuhat sa kalamay sa Bohol. It says, night workers is any employed person whose work
covers the period from 10 oclock in the evening to 6 oclock
Go through the definition of agriculture, wage. Go through the following morning provided that the worker performs no
the dos and donts of wage. With what you cannot do with less than 7 consecutive hours of work. That is the definition
wage, can you pay wage other than the employee? Can you given by DO 119-12 which has now become part and parcel
deduct from wages? Because that is how you remember the of the Rules to Implement the Labor Code, Book 3. If you
minimum standards with respect to wages. Can you pay work 7 hours and it is within 10 in the evening to 6 in the
wages in kind? Can you give in to the demands of your morning, the following morning, you are a night worker
workers to be paid in kind if they want to be paid in kind? referred to in Article 154.
How should wages be paid? Can it be pay through ATM?
Can it be paid in check, can it be paid trough a bank? Article 154 further says.. Im looking for the exclusions. Who
Remember these rules. Dili na nato balik balikon na kay are excepted? Agricultural workers.
nabungol namo sa tanan akong gisulti ana, hasta ang jokes
nahibaw an na ninyo. Hopefully you know, or just so Art. 154. Coverage. This chapter shall apply to all
remember, we will see each other next meeting. persons, who shall be employed or permitted or suffered to
work at night, except those employed in agriculture, stock
August 7, 2013 raising, fishing, maritime transport and inland navigation, x x
Coverage of the exam, new laws: Kasambahay law and
night workers, plus the DO, the handout which implements First paragraph in the coverage says: It applies to all
Article 128. The rest of labor standards, I will assign to your persons who shall be employed, permitted or suffered to
conscience. Sa ato pang istinuryahan: makonsensya unta work at night except those employed in the agricultural,
mo. But these laws (covered in the exam), these are not stock raising, fishing, maritime transport and inland
review. You have to go over it. These will probably be asked navigation. The moment it is agricultural, it does not apply to
the year you will take the bar because the Kasambahay law that worker even if he works at night. Please pay attention to
and night workers is no longer new. Night workers law is the definition of agriculture in Article 97, letter d. Remember
from Article 154-161. agriculture is agriculture proper and agriculture in the
secondary sense.
Well just take up the night worker law first because it is
shorter; because this DO (I gave you) is long, you might be What is agriculture proper? Tillage of the soil, harvesting,
overwhelmed. This was just published this morning in the planting, you know all that. The second type of agriculture is
Philippine Star. Tomorrow it will already take effect; activity that is performed by a farmer at the farm IN
publication in 2 newspapers of general circulation. Probably CONJUNCTION with farming. What does that mean?
the other one is Manila Standard Today. Manufacturing, processing of sugar, coconuts, pineapple

2013-2014 TSN Page 23


and other farm products. These kinds of activities, even if operators who man the telephone lines; customer service.
these are done at night between the hours of 10 PM to 6 Basically for those abroad. Those in the US, in the UK. I
AM, they are NOT included in the provisions of employment dont know if we have Spanish call center agents here.
of night workers. What provisions cover them? The ordinary These are the people that are covered. They are working at
provisions of Labor Standards. Remember that ha? night because the ones they are serving are operating at
another time zone. So they are serving at night here to
Again, those that are involved in stock raising. What is stock coincide with working day of their varied markets.
raising? Raising nga pagpatubo, dili nang pagpa-lumba! All
those that involve poultry, etc. Remember that poultry has a The first thing that is granted to them is this health
lot of night workers! Why? There are contract growers and assessment right. Pasalamat na lang because there are
the whole idea is to deprive these chickens sleep so that no numbers here. Wa may minimum age diri. Wa man
theyll always be eating. Sige na sila ug kaon. Manok gud because their wage is clearly above our minimum wage so
na. So ang employees, di na sila matulog! Naay sounds, the law does not have numbers. What are the benefits here?
sigeg bu-bo sa feeds, etc. If you are employed there at
night, are you covered? You are NOT. What covers you? First, health assessment.
The ordinary provisions of Labor Law because you are
livestock raising. If you are engaged to work in a Art. 155. Health Assessment, At their request, workers
slaughterhouse, mangingihaw ba, are you covered? shall have the right to undergo a health assessment without
Slaughter houses, what time do they open? Mingaw pa charge and to receive advice on how to reduce or avoid
kaayo na pag-udto. Gabii na sila mangihaw! Here in Davao, health problems associated with their work:
are slaughter house workers covered? They are NOT
covered because they are government employees! Sa City (a) Before taking up an assignment as a night worker;
na sila. But if you have a private slaughter house, because
(b) At regular intervals during such an assignment; and
you are Virginia Farms and you produce canned goods, can
you make them work at night? Are you covered? You ARE (c) If they experience health problems during such an
already covered because you are a manufacturing industry. assignment which are not caused by factors other than the
You are not agricultural anymore. You are not stock raising. performance of night work.
If you are private ha. Pero if public, you are in a slaughter
house, you deal with live stock, you are not covered With the exception of a finding of unfitness for night work,
because you are government. the findings of such assessments shall not be transmitted to
others without the workers consent and shall not be used to
Fishing. This has got to do with deep sea fishing, fishing their detriment.
crew. Again, the basic provisions of PD 705 are repeated
here. They are NOT covered by overtime pay, they are not At their request, workers shall have the right to undergo a
covered by night shift differential. They are NOT covered by health assessment without charge and to receive advice on
employment of night workers. You go out to sea, you are how to reduce or avoid health problems associated with
a part of the crew, you are paid the actual hours of work that their work. When is that? At their request.
you do. If it is in excess of 8 hours, you are paid but you are
not paid at overtime pay; that is what PD 705 says. A. Before taking up an assignment as a night worker.
Question: is the employer obliged to give the newly hired
Maritime transport. Sea men. These are local sea men. Do worker, even before he goes on duty, to ask him to go to a
they work at night? Yes, because a ship is operating 24 medical check-up? Are they obliged? No, the law does not
hours. You have duty hours. Are you covered? NO, you are say so. It must be at their request. At their request, workers
NOT covered by the employment of night workers. Maritime shall have the right to undergo a health assessment without
transport, those that are operating by sea, and inland charge and to receive advice on how to reduce or avoid
navigation, those which are not operating at sea. Why do health problems associated with their work. Letter A,
you distinguish maritime transport and inland navigation? BEFORE taking up an assignment as a night worker.
You know that there is heavy traffic between Laguna de Bay
and Pasig, all the way to the fresh markets in Manila, B. At regular intervals during such an assignment.
bringing the harvest from the fish pens of Laguna de Bay
and usually they travel at night. So they are excluded. And C., if they experience health problems during such an
assignment which are not caused by other factors other than
(Father talks about fish pens and fish ponds. For fish ponds, the performance of night work.
you have to have a permit from the local government. There
is a lot of colorum in the fish pen industry. That is why With the exception of a finding of fitness for night work, the
Laguna is over fished. So many fish die kay nanubra na findings of such assessments shall not be transferred to
man. If in your locality, the pigs are dying, that means that others without the workers consent and shall not be used to
there are too many pigs around and there is a disease that their detriment. This is superfluous because patient and
is spreading. Naa kay binuhi nga manok nga self doctor relationship is confidential. You know that already. So
supporting, kanang sigeg suroy-suroy dira, when they go this is a superfluous provision.
belly up, that means there are too many of them already.
Mao nang gina-ingon nila nga gi-atay na! Patay, feet up. But if it is the employer who pays for the health assessment,
That means there are just too many.) I am sure that the employer will have a way of finding out
what the result is. It cannot be used to their detriment. If
Who are covered here? The ones that are covered, the there is already something wrong with you health-wise, dont
target beneficiaries of these provisions are the call center you think it will somehow come out in your work? But the
agents, the Business Process Outsourcing (BPO) agents or employer already knows what the health problem is in the

2013-2014 TSN Page 24


health assessment by the medical doctors. After all, he quarters in the establishment. And also, if the employee
pays. He will never admit that he has access to those wants to go home at that late hour, the employer must
records. Muingon ka, muhatag man gud nang doctor kay iya provide transportation form the work premises to the nearest
man nang obligation kay muingon dayon nang employer, point of their residence. Why nearest point of residence?
kung di ka muhatag eh di mangita na lang kog lain doctor. Naa may residence nga dili maabot ug sakyanan. Sulod
man kaayo. Pareha anang SIR nga sulod na man kaayo. Di
With the exception of a finding of unfitness for night work, na makasulod and sakyanan. Nearest point if the nearest
the findings of such assessment shall not be transmitted to point that the vehicle can reach is your driveway. But if it is
others. If there is a finding that you are unfit for night work, somewhere in the inner recesses of Agdao, aw tua ra ka
what would that be? How could there be a finding of dira ibilin. Maybe the employer can make arrangements with
unfitness for night work? Use your common sense, ug the police to escort you. I dont know. But the obligation of
matulog gud diay ka kung gabii na, unsaon pa man nimo the employer here is the nearest of point of residence
pagtrabaho, naa ra man ka diha naglingod unya natulog ka. subject to the exceptions and guidelines to be provided by
Ay di na mamahimo kay bisan pag tukuran nag toothpick the DOLE.
nang imong pilok, di man gihapon. So unfit ka for night
work. That is readily verifiable. Unfit gyud na siya doc kay Transfer.
pag abot nya sa balay, di man pud siya katulog. Thats
everybodys problem. You cannot sleep during the day as Art. 157. Transfer. Night workers who are certified as unfit
well as at night hangtod na mamahimo na lang nag for night work, due to health reasons, shall be transferred,
habitual, di na hinuon ka katulog. whenever practicable, to a similar job for which they are fit to
Another provision here: Article 156, this is a benefit for them.
We have seen the health assessment benefit. This one is If such transfer to a similar job is not practicable, these
mandatory facilities. workers shall be granted the same benefits as other workers
who are unable to work, or to secure employment during
Art. 156. Mandatory Facilities. Suitable first-aid facilities such period.
shall be made available for workers performing night work,
including arrangements where such workers, where A night worker certified as temporarily unfit for night work
necessary, can be taken immediately to a place for shall be given the same protection against dismissal or
appropriate treatment. x x x notice of dismissal as other workers who are prevented from
working for reasons of health.
They can immediately go to a place for appropriate
treatment. The employers are likewise required to provide Night workers who are certified as unfit for night work, due
safe and healthful working conditions and adequate facilities to health reasons, shall be transferred, whenever
such as sleeping and resting quarters in the establishment practicable, to a similar job for which they are fit to work.
and transportation from the work premises to the nearest Look at the modifiers: whenever practicable. So if it is not
point of their residence subject to the exceptions and practicable, the employer has no obligation. But if he has
guidelines to be provided by the DOLE. daylight operations, then there is a possibility that there is a
place for the worker who can no longer work at night due to
Immediate place for appropriate treatment. Normally what health reasons.
the employers do is they will reserve a number of beds in
the nearest hospital. That is already provided in the other So, best efforts. Transferring a night worker who is certified
parts of the Labor Code, occupational safety. But you have as unfit for night work, that is the obligation of the employer.
to have a certain number of workers. If you have 500 Just best efforts. Because it says: if such transfer to a
workers, you must have the nearest hospital reservation of a similar job is not practicable, this worker shall be granted the
given number of beds. But here, regardless of the number of same benefits as workers who are unable to work or to
workers you have, you must have a reservation in the secure employment during such period. What does that
hospital because you are required to have a place for mean? That means termination benefits. And how much is
appropriate treatment that is immediately available. This is the termination benefit? If the employer is not losing, it has
an added expense in the part of the employer just like the to be one month salary or one month salary for every year
health assessment. of service, a fraction of at least 6 months is considered one
year because that is what a worker under similar
Next, safe and healthful working conditions. circumstances gets. The reason why he is given benefits
could also be health reasons and if you are terminated by
Art. 156. Mandatory Facilities. x x x The employers are reason of health, what is the benefit? It is also one month
likewise required to provide safe and healthful working salary or one month salary for every year of service,
conditions and adequate or reasonable facilities such as whichever is higher, a fraction of at least 6 months is
sleeping or resting quarters in the establishment and considered one year. But you need to have a public officer
transportation from the work premises to the nearest point of certify that your sickness cannot be cured with 6 months of
their residence subject to exceptions and guidelines to be rest and medication. If the public health officer certifies that,
provided by the DOLE. now you are entitled to termination pay due to sickness.
Here, it is verified by health assessment, is it not? You ask
If you are off from work at 1 in the evening because you for health assessment, then it is verified that you are not fit
began work earlier, you should have a place to sleep until anymore to work at night, and then there is no place for you
daylight hours. You should not be forced to go home at that other than your work at night, what is the duty of the
late hour in the evening. The employer is required to provide employer? Termination benefits. Is there a need for a public
adequate or reasonable facilities such as sleeping or resting health officer to certify? There is NO NEED because the law

2013-2014 TSN Page 25


here does not provide. That is the difference between the can be your medical certificate as an employee or your
ordinary worker and this night worker. newly born child. If the mother or the child needs it, you can
stretch the 16 weeks.
Art. 157. Transfer. x x x
Alternatives during pregnancy. Thats for the whole 9
A night worker certified as temporarily unfit for night work months! You can stretch the 16 weeks during pregnancy or
shall be given the same protection against dismissal or no. 2, during a specified time beyond the period after child
notice of dismissal as other workers who are prevented from birth is fixed pursuant to subparagraph (a) above, the length
working for reasons of health. of which shall be determined by DOLE after consulting with
labor organizations and employers. So you might require
Now, a night worker certified as temporarily unfit for night additional time after child birth. How much time? Ah, this is
work shall be given the same protection and reasonable subject to consultation and you have to consult the DOLE
notice of dismissal as other workers who are prevented from and the employee unions, labor organization together with
working for reasons of health. In other words, the worker is the employers.
entitled to some hearing if he is just temporarily unfit for
night work. In other words, a temporary inability to work at During the periods referred to in this article:
night cannot be used as a ground for termination.
(i) A woman worker shall not be dismissed or given notice
Article 158 addresses specifically women night workers. of dismissal, except for just or authorised causes provided
for in this Code that are not connected with pregnancy,
Art. 158. Women Night Workers. Measures shall be childbirth and childcare responsibilities.
taken to ensure that an alternative to night work is available
to women workers who would otherwise be called upon to (ii) A woman worker shall not lose the benefits regarding
perform such work: her status, seniority, and access to promotion which may
attach to her regular night work position.
Measures shall be taken to ensure that an alternative to
night work is available to women workers who would During this time that she is working not as a call agent or
otherwise be called upon to such work. What are these night worker but in an alternative work, she cannot be
instances where there should be an alternative to night dismissed. It says here: during the periods referred to in this
work? article, the woman worker shall not be dismissed or given
notice of dismissal except for just or authorized cause
(a) Before and after childbirth, for a period of at least provided for in this Code. It must not be connected with
sixteen (16) weeks, which shall be divided between the time pregnancy, child birth and child care responsibilities. So this
before and after childbirth; particular inconvenience to the employer, because these are
truly inconvenient: he has to look for an alternative, give you
A. Before and after child birth for a period of at least 16 extra hours; these cannot be used as a reason for dismissal.
weeks which shall be divided between the time before and
after childbirth. So a night worker who becomes pregnant And then a woman worker shall not lose the benefits
should be given an alternative to night work for a period of at regarding here status, seniority and access to promotion
least 16 weeks to be divided before and after child birth. 16 which may attach to a regular night work position. She
weeks or 4 months. It could be 2 months before birth or 2 continues to receive whatever benefits that are owing to
months after or 1 month before work and 3 months. But she those who are on their job at the regular night hours she
has 16 weeks to be able to demand alternative to night being not working in those night work hours but in an
work. Call agent ka unya mabdos ka, una may mahitabo alternative setting, she continues to receive. If they have
nimo? Usually they put them in the training department unya productivity bonuses every 3 months, she has to be
magrecruit ug bag-o. Ikaw nay mag-train. Buntag man mo included in that because she must not be deprived of those
ana mag-train. So that is an alternative. Kapait lang ana kay benefits regarding her status, seniority and access to
kung bag-o pa ka, wa pa ka kahibaw, trainingon pa pud ka, promotion which may attach to a regular night work position.
unsaon man nimo pag-train. Mag-training ka na hinuon pero Is she already working night work? No more, she is in an
adlaw ka. alternative work, but she will still continue to receive those
concomitant benefits as if she had been working as a night
(b) For additional periods, in respect of which a medical worker. Unya maglagot na lang iyang mga kauban, wa man
certificate is produced stating that said additional periods ni sya nag night work unya continue man gihapon syag
are necessary for the health of the mother or child: receive ug benefits. Why? Because the law says so.

(1) During pregnancy; xxx

(2) During a specified time beyond the period, after Pregnant women and nursing mothers may he allowed to
childbirth is fixed pursuant to subparagraph (a) above, the work at night only if a competent physician, other than the
length of which shall be determined by the DOLE after company physician, shall certify their fitness to render night
consulting the labor organizations and employers. work, and specify, in the ease of pregnant employees, the
period of the pregnancy that they can safely work.
For additional periods, in respect of which a medical
certificate is procured, stating that such additional periods The measures referred to in this article may include transfer
are necessary for the health of the mother or the child. So to day work where this is possible, the provision of social
these 16 weeks are not fixed! It may be stretched. What can security benefits or an extension of maternity leave.
stretch it? A medical certificate. Whose medical certificate? It

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The provisions of this article shall not have the effect of Art. 154. Coverage. This chapter shall apply to all
reducing the protection and benefits connected with persons, who shall be employed or permitted or suffered to
maternity leave under existing laws. work at night, except those employed in agriculture, stock
raising, fishing, maritime transport and inland navigation,
And it says: pregnant women and nursing mothers may be during a period of not less than seven (7) consecutive hours,
allowed to work at night only if a competent physician other including the interval from midnight to five oclock in the
than the company physician shall certify the kind of fitness morning, to be determined by the Secretary of Labor and
for night work and specify, in the case for pregnant Employment, after consulting the workers
employees, the period of pregnancy that they can safely representatives/labor organizations and employers.
work. It does not say who will pay for this competent
physician. Night worker means any employed person whose work
requires performance of a substantial number of hours of
The night worker can procure this independent medical night work which exceeds a specified limit. This limit shall be
opinion other than the company physician. That is her right fixed by the Secretary of Labor after consulting the workers
and this company physician will certify that she can continue representatives/labor organizations and employers.
to work or that she cannot, during the night hours. The
measures referred to in this article may include transfer to Art. 155. Health Assessment, At their request, workers
day work if possible, provision of social security benefits or shall have the right to undergo a health assessment without
an extension of maternity leave. The provisions of this article charge and to receive advice on how to reduce or avoid
shall not have the effect of reducing the protection and health problems associated with their work:
benefits connected with maternity leave under existing laws.
So over and above this, you still have the regular maternity (a) Before taking up an assignment as a night worker;
benefits. What is the regular maternity benefit? 60 days. But
(b) At regular intervals during such an assignment; and
if you have caesarian, it is 78 days. So over and above na
from these provisions. So when youre given a problem,
(c) If they experience health problems during such an
bitbita dayon nang maternity benefits because that still
assignment which are not caused by factors other than the
performance of night work.
Compensation of night workers.
With the exception of a finding of unfitness for night work,
the findings of such assessments shall not be transmitted to
Art. 159. Compensation. The compensation for night
others without the workers consent and shall not be used to
workers in the form of working time, pay or similar benefits
their detriment.
shall recognize the exceptional nature of night work.
Art. 156. Mandatory Facilities. Suitable first-aid facilities
The compensation of night workers in the form of working shall be made available for workers performing night work,
time pay or similar benefits shall recognize the exceptional including arrangements where such workers, where
nature of night work. What is this provision? This is a necessary, can be taken immediately to a place for
surplusage. appropriate treatment. The employers are likewise required
to provide safe and healthful working conditions and
adequate or reasonable facilities such as sleeping or resting
quarters in the establishment and transportation from the
work premises to the nearest point of their residence subject
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT to exceptions and guidelines to be provided by the DOLE.
Art. 157. Transfer. Night workers who are certified as unfit
for night work, due to health reasons, shall be transferred,
whenever practicable, to a similar job for which they are fit to
Be it enacted by the Senate and House of Representatives
If such transfer to a similar job is not practicable, these
of the Philippines in Congress assembled:
workers shall be granted the same benefits as other workers
SECTION 1. Article 130 of the Labor Code is hereby who are unable to work, or to secure employment during
repealed. such period.

SEC. 2. Article 131 of the Labor Code is hereby repealed. A night worker certified as temporarily unfit for night work
shall be given the same protection against dismissal or
SEC. 3. The subsequent articles in Boot Three, Title III, notice of dismissal as other workers who are prevented from
Chapter I to Chapter IV of Presidential Decree No. 442 are working for reasons of health.
hereby renumbered accordingly.
Art. 158. Women Night Workers. Measures shall be
SEC. 4. A new chapter is hereby inserted after Book Three, taken to ensure that an alternative to night work is available
Title III of Presidential Decree No. 442, to read as follows: to women workers who would otherwise be called upon to
perform such work:
Chapter V
(a) Before and after childbirth, for a period of at least
Employment of Night Workers sixteen (16) weeks, which shall be divided between the time
before and after childbirth;

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(b) For additional periods, in respect of which a medical SEC. 8. Penalties. Any violation of this Act, and the rules
certificate is produced stating that said additional periods and regulations issued pursuant hereof shall be punished
are necessary for the health of the mother or child: with a fine of not less than Thirty thousand pesos
(P30,000.00) nor more than Fifty thousand pesos
(1) During pregnancy; (P50,000.00) or imprisonment of not less than six (6)
months, or both, at the discretion of the court. If the offense
(2) During a specified time beyond the period, after is committed by a corporation, trust, firm, partnership or
childbirth is fixed pursuant to subparagraph (a) above, the association, or other entity, the penalty shall be imposed
length of which shall be determined by the DOLE after upon the guilty officer or officers of such corporation, trust,
consulting the labor organizations and employers. firm, partnership or association, or entity.

During the periods referred to in this article: SEC. 9. Separability Clause. If any portion of this Act is
declared unconstitutional, the same shall not affect the
(i) A woman worker shall not be dismissed or given notice
validity and effectivity of the other provisions not affected
of dismissal, except for just or authorised causes provided
for in this Code that are not connected with pregnancy,
childbirth and childcare responsibilities. SEC. 10. Repealing Clause. All laws, acts, decrees,
executive orders, rules and regulations or other issuances or
(ii) A woman worker shall not lose the benefits regarding
parts thereof, which are inconsistent with this Act, are
her status, seniority, and access to promotion which may
hereby modified and repealed.
attach to her regular night work position.
SEC. 11 Effectivity Clause. This Act shall take effect after
Pregnant women and nursing mothers may he allowed to
fifteen (15) days following its publication in two (2) national
work at night only if a competent physician, other than the
newspapers of general circulation.
company physician, shall certify their fitness to render night
work, and specify, in the ease of pregnant employees, the
(second part)
period of the pregnancy that they can safely work.
Art. 160. Social Services.Appropriate social services shall
The measures referred to in this article may include transfer
be provided for night workers and, where necessary, for
to day work where this is possible, the provision of social
workers performing night work.
security benefits or an extension of maternity leave.
Art. 161. Night Work Schedules. Before introducing work
The provisions of this article shall not have the effect of
schedules requiring the services of night workers, the
reducing the protection and benefits connected with
employer shall consult the workers representatives/labor
maternity leave under existing laws.
organizations concerned on the details of such schedules
Art. 159. Compensation. The compensation for night
and the forms of organization of night work that are best
workers in the form of working time, pay or similar benefits
adapted to the establishment and its personnel, as well as
shall recognize the exceptional nature of night work.
on the occupational health measures and social services
which are required. In establishments employing night
Art. 160. Social Services.Appropriate social services shall
workers, consultation shall take place regularly.
be provided for night workers and, where necessary, for
workers performing night work.
Thats already in the policy of the labor code that workers
have to be consulted on matters that directly affect them.
Art. 161. Night Work Schedules. Before introducing work
Now, I would just like to point out that republic act 10151 has
schedules requiring the services of night workers, the
a penal provision:
employer shall consult the workers representatives/labor
SEC. 8. Penalties. Any violation of this Act, and the rules
organizations concerned on the details of such schedules
and regulations issued pursuant hereof shall be punished
and the forms of organization of night work that are best
with a fine of not less than Thirty thousand pesos
adapted to the establishment and its personnel, as well as
(P30,000.00) nor more than Fifty thousand pesos
on the occupational health measures and social services
(P50,000.00) or imprisonment of not less than six (6)
which are required. In establishments employing night
months, or both, at the discretion of the court. If the offense
workers, consultation shall take place regularly.
is committed by a corporation, trust, firm, partnership or
SEC. 5. The subsequent articles starting from Book Four, association, or other entity, the penalty shall be imposed
Title I, Chapter I of Presidential Decree No. 442 are hereby upon the guilty officer or officers of such corporation, trust,
renumbered accordingly. firm, partnership or association, or entity.

SEC. 6. Application. The measures referred to in this So there is a penal provision. Of course you have to prove it
chapter shall be applied not later than six (G) months from in court, this is not a penalty that will be meted out by the
the effectivity of this Act. labor arbiter but it is a penal provision. So, serious ni
because there is a penal provision. The insertion of this
SEC. 7. Guidelines. The DOLE shah promulgate provision has caused the renumbering of the labor code.
appropriate regulations in addition to existing ones to ensure Because republic 10151 is nightworks law, necessitated the
protection, safety and welfare of night workers. numbering of the articles into the labor code. So, there has
been a subsequent renumbering. Now, when does the
renumbering begin? It begins in article 130.

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strengthen tripartism among the employees, employers and

the government.
Now, you have the law before you. Department order no
131-13 RULES ON LABOR LAWS COMPLIANCE SYSTEM. So extensive use of compromise. Sa katong dili maka afford
this implementing rules modifies article 128. Visitorial and diha, pa-assess ky ma compromise man. The government
enforcement powers. Just a recall, in visitorial and helps you. Now, of course there is still writ of execution if
enforcement powers relating to the labor standards you do not comply. But you have many chances, you do not
provisions, that is hours of work, rate and other labor comply with minimum wage, working hours, you do not
standards benefits and occupational health and safety that comply with safety as long as there is no threat in the life
is what is contained in article 128. Now, the basis for the and limb of the employees you are encouraged to do an
enforcement is the verification by the department of labor action plan. Mag action mo by way of compromise. This is to
about non-observance of health and safety and labor help the government labor inspectors. Gamay ra kayo.
standards laws. They will visit the place, they will make Region 11 tulo ra kabuok.
inspection, they examine the documents, they interview the
employees. If they find out that there is non-compliance, Important for you to know what is hazardous establishment
they will make a report. The report will constitute finding of refers to an establishment in which the nature of work
facts and recommendation. Now, that is submitted to the exposes the employees to:
regional director of labor. The regional director of labor, if he
is convinced of the report and he accepts the report, he will 1. dangerous environmental elements, contaminants or
issue a compliance order. Inspection, report, compliance work conditions including ionizing radiation, chemicals, fire,
order. The employer has 10 days to comply with the flammable substances, noxious components and the like;
compliance order. He can challenge it provided he can
2. construction work, logging, fire fighting, mining, quarrying,
produce documentary evidence not otherwise considered
blasting, stevedoring, dock work, deep sea fishing and
during inspection. If it is a document not verified because
mechanized farming;
the lawyer was not able to produce it during inspection then
that is no longer consider. Supposed the inspector did grant 3.manufacture or handling of explosives and other
and look for the documents, can the employer produce it? pyrotechnic products;
No more, because you should have produce it at that time. It
must have been brought up in the course of inspection. 4.use or exposure to power driven or explosives powder
Now, what is this now? This creates an alternative system actuated tools.
by which the employer voluntarily complies with labor
standards provisions or voluntarily submits himself or itself 5. biological agents such as bacteria, fungi, viruses,
to voluntary assessment to whether or not he has complies. protozoas, nematodes, and other parasites; (busa ikaw
Now if he is given certificate of compliance after he has manggamos ka ug bulinaw, hazardous na. because there is
voluntarily submitted himself for inspection. He is free for 2 bacteria)
years. He is assumed for compliance for 2 years from the
time the certificate of compliance is issued. Dili ka 6.other analogous circumstances as maybe determined by
makulbaan for two years. The only exemption is if there is a the secretary of labor and employment.
complaint that arises. This is an alternative system. That is
now a leeway. You will be given chance to comply and its
even possible to compromise. Hangyuon nimo imong mga
These are the places relevant to occupational safety.
employees. Hinay-hinayon nimo ug bayad ang underpay for
Remember what are the rules in occupational safety that is
as long you will comply within 10 days. If there is
grave and imminent danger to the life and healthy of the
compromise, well and good then you will be given a
employer and employees then the department of labor
certificate of complicance and you are free for two years.
inspector can recommend closure. That is still effective, that
But you have to go over this because this includes not only
can still be done.
labor standards compliance but also for occupationa and
safety but also for child labor and trafficking. They are trying
to give you a leeway before you are prosecuted for
trafficking, child labor and child abuse. Now, the specific Now, how about what is called dangerous occurences. You
organ or agency that oversees this rule and compliance is have to be familiar with these. Depending on the gravity and
the bureau of working conditions. They a look at the the degree. If the department of labor inspects and there is
objectives of this new rules. By the way, what is this new occurrence then it can order closure.
rules called? Under section 1 it is just called RULES.
Collectively referred herein as rules. Father is reading dangerous occurences refers to any of the following:
section 2. Objectives.
1. explosion of boilers used for heating or power;
Section 2. objectives. the visitorial and enforcement power
of the secretary of labor and employment remains as the 2. explosion of a receiver or storage container, with pressure
primary framework in ensuring compliance with labor laws. greater than atmospheric, of any gas or gases (including air
The promotion of voluntary compliance through the use of or any liquid resulting from the compression of such gases
developmental approach is a supplement to: a) inculcate a or liquid);
culture of compliance with labor laws; b) ensure fair,
expeditious, and non-litigious settlement of disputes; c.) 3. bursting of revolving wheel, grinder stone or grinding
encourage the use of settlement in all labor cases; and d.) wheel operated by mechanical power;

2013-2014 TSN Page 29


4. collapse of crane, derrick, winch, hoist or other appliances Now, if you are given a certificate of compliance because
used in raising or lowering persons or goods or any part either you have remedied the deficiencies or arrived at
thereof, the over-turning of a crane except the breakage or compromise with respect to labor standards benefits or you
chain or rope sling; have installed health and safety device, if you are given that,
what is cover then? That is known as the tripartite certificate
5. explosion or fire causing damage to the structure of any of compliance with labor standards (TCCLS)
room or place in which persons are employed or to any
machine contained therein resulting in the complete Tripartite Certificate of Compliance with Labor Standards
suspension of ordinary work in such room or place, or refers to the dole certificate issued to an establishment that
stoppage or machinery or plant for not less than 24 hours; has been verified by the tripartite certification committee as
compliant with labor standards, occupational safety and
6. electrical short circuit or failure of electrical machinery, health standards, and child labor laws, with no pending case
plant or apparatus, attended by explosion or fire causing with the dole involving violations of labor laws, and no case
structural damage thereto and involving its stoppage and of fatal accidents, permanent total/partial disability or
misuse for not less than 24 hours; or occupational illness within a period of one year at the time of
application as required by the department order no.115-A,
7. other analogous occurences series of 2012.

Alright, who are the characters? LLCO labor laws Why is it called tripartite? Because it is done by 3 groups,
compliance officer. How would you know that he is the the employer, employee and government.
LLCO? He must carry an authorization for the specific place
before he can act. Here, under this law, he can go to your single entry approach refers to the speedy, impartial, and
place, there is a general commissioning. He has to have a inexpensive proceedings through conciliation-mediation
specific order authorizing him, he cannot just go. where parties are given the opportunity to settle amicably
the compliance deficiencies and to prevent them from
LLCO refers to DOLE personnel authorized to conduct joint ripening into full blown disputes pursuant to department
assessment, compliance visit, occupational safety and order no.107, series of 2010 and republic act no. 10396.
health standards investigation, compliance advocacies and
advisory services, hold conciliation and mandatory This is compromise.
conferences, and perform such other related functions which
may be necessary in the enforcement of the labor code of You can go over with this procedure. If you are non-
the Philippines, as amended, and other related laws. complaint and despite the plan of action and you do not
comply with the plan of action or the status report. That is
Now, take note of this, period of correction. Wa na sa article compromised or you fail to follow the action plan within the
128, this is like creating a new law. Why do I doubt the mediation period, what happens to you? The LLCO will
validity of this? Because this is not in favor of labor. immediately issue a compliance order and then sunod ana
writ of execution, you cannot stop that anymore, you cannot
do business, unless you comply.

period of correction refers to the 10-day period given to the I have to point out something to you. On page 11, second
establishment to correct the noted monetary deficiencies paragraph from above, in case the employer continuously
determined by the labor laws compliance officer. The same refuse to provide access to records and premises despite
period shall be observed to correct occupational safety and receipt of the notice of assessment, such refusal shall be
health standards deficiencies found during the compliance indicated in the notice of results which shall be issued by the
visit or occupational safety and health standards LLCO and shall constitute as violation of article 128 in
investigation. relation to article 288 of the labor code. Article 288 is the old
numbering, the correct number is article 302.
Remediation period refers to the time given to the
establishment to correct occupational safety and health END
standards deficiencies and undertake improvement of
working conditions through the implementation of
appropriate programs or services in the DOLE toolbox of
programs and services for labor laws compliance. The
remediation period shall not exceed 3 months after the
conduct of joint assessment.

the period to remedy is longer than labor standards.

Kanang closure order, naa nay ngalan dani.

aa. work stoppage order refers to the order of the

secretary of labor and employment or his/her authorized
representative (regional director) to stop the work of any
unit, department or entire operation of an establishment
when non-compliance with occupational safety and health
standards poses imminent danger to the health and safety
of the employees in the workplace.

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