San Boda ys : College of Law 2009 CENTRALIZED BAR OPERATIONS, LABOR LAW and SOCIAL LEGISLATION BE ae Labor Standards Labor RelationsLABOR LAV! COMMITTEE SUBJLCT CHAIR ‘MARINELU MARTINEZ ASSISTANT SUBJECT CHAIR ‘ABIGAIL CAMILIE PIZZARO EDP RAINER DELA FUENTE SUBJECT HEADS, IZAH KATRINA REYES labor standards ROWELL ILAGAN labor relations NARCISAMEDINA socal egistation MEMBERS: Cecile Beritex Sean Bugnsuceso va Freyrite Erica Cayabe Dar Andrew Cayabya Katrina Nicole Contacto Katrina Paula Dominguer Hana Kamille Escueta Ma, Fe walt Jamelia Anne Marie Joya Aufelane Laxamana Jassen Ralph Lee Oliver Limba ‘Tyrus Joshua Macaraeg Fatelck Maglinno Jay Masangcay Charlene Clare Mendove Castles Navaito. ‘Mae Lane Ong Kirk Mathew Pedro ‘Ana Francessca Reyes Paola Rod*iguet Jean Minneti Salabsab Christine Santos Ma, Nina Jasmin Suing Samira Nimfa Tansingco CCherin Teves kelstine Tupar Celestiso Viernes Je Joan Grace Wilson Mica Sta. Ana ADVISERS DEAN ANTONIO ABAD ATTY, ROMEO BATINO ATTY. FLORENCIO MAMAUAG: ATTY, PAUL SAGAYO.x San Beda College of Lave 2009 CENTRALIZED BAR OPERATIONS ADMINISTRATION DEAN VIRGILIO B. JARA, VICE DEAN PABLITO A. PEREZ ADVISER ATTY, MARCIAND 6, DELSON EXECUTIVE COMMITTEE, HEPBET CALVIN ABUGAN cvecal chair ard chair academics operations MANOLO ADEL SANTOS chair hotel operations GRACE SARAH TRIA vice chair for operations JUAN. CARLOS NUES“RO vice chair for academics MAE ANGELIE ETANG vice chale for seeentarint KRISTINE ANNABELLE HIPOS vice chair for finance EIREEN ! XINA ACOSTA vice chair for edp ACE JELLO CONCEFCION vice chair for logistics SUBJECT COMMITTEES BERNADETTE BATHAN political law MARINELLI MARTINEZ tebor iow FRANCESCA LOURDES SENGA civ law CLARIBELLE BAUTISTA texat'on law PATRICK SARMIENTO commercial Iw ANDREW JOSHUA ALCANTARA crlminal law BADR MOHAMMAD SALENDAB remedial law MA. MAHARANI LIWAYA SORIA lagal ethies and practical exercisesTABLE OF CONTENTS OvEnVIEW OF THE LABOR CODE 1 PRELIMINARY TILE “BOOK ONE. PRE-EMPLOYMENT 7 Title f, RECRUITMENT AND PLACEMENT OF WORKERS Title Il, EMPLOYMENT OF NON-RESIDENT ALIENS BOOK TWO HUMAN RESOURCES OEVELOPMENT PROGRAM 7 Title |, NATIONAL MANPOWER DEVELOPMENT PROGRAM Title I, TRAINIEG ANG EMPLOYMENT OF SPECIAL WORKERS, BOOK THREE: CONDITIONS OF EMPIOYMENT 23 Fitle |. WORKING CONDITIONS AND REST PERIODS Title It, WAGES Title II, WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES. ‘BOOK FOUR. HEALTH, SAFEY AND SOCIAL WELFARE BENEFITS 59 Title f, MEDICAL, DENTAL AND OCCUPATIONAL SAFETY. Title EMPLOYEES’ COMPENSATION ANO STATE RISURANCE FUND BOOr-FIVE, LABOR I2ELATIONS 66 Title |, POLICY AND DEFINITIONS Title l, National Labor Relations Commision Tite Ml, Bureau of Labor Relations ee Title 1V-Labor Organizations E : Title V. Coverage ‘ Title Vi. Unfalr Labor Practices Title Vi. Collective Bargaining and Administration of Agreements bo Title VIl-A; Grievance Machinery and Voluntary Arbitration Title VI, Strikes end Lockouts and Foreign lavo'vement in Trade Union Activities BOOK SIX. POST-EMPLOYMENT 322 | Title |, Termination of Employment Tide i, Retirement from the Service BOOK SEVEN, FINAL AND TRANSITORY PROVISIONS 132 Title |, Penal Provisions and Liabilities | Title Hl, Prescription of Offerises and Claims SOCIAL LEGISLATION 138 Social Security System (RA 1161 as amended by 2A 8282) 1 Government Service Incurance System (RA 8292) Paternity Leave Act of 1996 (RA 8187) Retirement Pay Law (RA 7641 amending Art. 287 of LC) { Anti Sexual Harassment Act (RA 7877) ne ‘Act Agalrist Child Labor (RA 9231) “ 45" Month Pay Law (PO 851) Migrant Workers and Overseas Filipino Act of 1995 (RA 8042) BIBLIOGRAPHY “ This is the Intellectual Property of the . ~ San Beda Coliege of Law:2009 Centralized Bar Operations. ms 7 Unauthorized use and reproduction of this material 's prohibited.MEMORY AID IN LABOR LAW] 1 BGs aaa, oe ‘ eee By st are wae - ee Lrg CN, BOOK GNB: PRE-EMELOYIENT - sts the poricd ani yroundwork to uitain a etate of full amployment by «making the full poseibly ute f ts menower: | BOOK TWO: HUMAN RESOURCES DEVELOPMENT PROGRAM - eniphatizes the need of developing human rasourees. "BOOK THREE: CONDITIONS OF EMPLOYMENT - dosls with the mechanism to protect or secure the workers who inay be employed especially ater epproprate qualification and traning BOOK FOUR: HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS - deals with protection ‘and promotion ofthe health antl safety of the worker y BOOK FIVE: LABOR RELATIONS - spells out the terns and canitions of employments? BOOK SIX: POST-EMPLOYMENT - provides for security of tenure end conditions under which a worker may be dismissed, BOOK SEVEN: TRANSITORY AND FINAL PROVISIONS - provides for sanctions for vlo'ation or non= compliance with the Code; It also provides for procedure and proscription for the enforcement of rights under the Code, TEXtCUTive COMMITEE, : HERBERT CALVIN ABUGAN ois cna ana ehaw ccaares ypc, MANOA operations JUAN CARLES NUESTRO weg ci fracas, ME ANSEL ‘ide cha for hance IREENE KEVA ACOSTA vce chal fr Ad, ACE ELLE CONCEPCK tason ean 7 MABEL MARTINEZ sublet el, ABIGAY, CANELE PHTARO asian abject chal standards, ROWELLILAGAN abo relations, NARA ME.INA soci legition MEMBERS: ‘ Jose Raruo Aban, Cece Beiter, Sean Burnsucesa tu Freyeks flea Cayahon, Dar Andrew Cayat Rote Contac, Katina fauia Dorsnguets Nana Karle Esevets, Mn. Hat Janell Note Mori doy, Auflens xan, fees Raph Lee, Olver Umbo, Ty osha ecaaeg Pues Maglio, ny Mesangeny Charlene Clas Mando, Calls Navara, i alben Pas, Aa Francesca Rey Fool Rodrigue, Juan Minsth Solabsab,Cinatine Sans, Pek Serena, Marie Miia Sta Ana, M,N nin Su Sam andngco, Orin Teves, ‘rte Tpar ean Grace Wiseree CHAPTER 1: GENERAL PROVISIONS Article 1: Name of tha Decree Labor Code of the Philippines, Article 2: Date of offectivity Tho Labor Code took effect on November 4, 1974 (six months after its promulgation on May 4, 1974), Labor Logislation - consists of statutes, regulations and jurisprudence goveming me tolations between capital and inbor, by eroviding for certain employment standards’ and @ legal framework for negotiating, adjusting and ‘administering those standards end other or their representatives (Azucena, 2007), that which seeks to stabilize the ‘elation hetweer employers and employees, to forestall ‘and thrash out their differences through the encouragement of collective bargaining and the Settlement of labor disputes through conciliation, Mediation, and voluntary and compulsory arbitration, Note: Labor standards-laws and .abor seiations aws are NOT mutually exclusive; they complement each other, Social Logistation - those taws that provide Paiticular kinds of protection or benefits to Society or segments thereof in furtherance of soclal justice (Azucena, 2007) + incidents of employment (Azucene, 2007). Labor Standards Law ~ the minimum Fequlremonts prescribed by existing laws, rules and regulations raluting to: 1. wages; 2) hours of work; 3. cost-ofsliving allowance; and 4. other monetary and welfare benefits, including occupaonal safety, and health standards (Balong Buhay Gold Mines, Inc. v. Dola Serna, 312 SCRA 22/1997). Labor Relations Law. thei which defines. the Status, rigitc, ané duties und the institutional mechanisms that govorn the individual and Collective irtterctions of sm:joyars, employees + thai which requires payriont of benefits by government agencies to Ine worksr or his farnily when ard while he cenaoi Work,:by reason of sickness, aisabilty, ald 3% doeth and similar hazards, Note: Social logislation is b'viauer in scope tivan, labor logistation because ll labor laws are social iagislations but not ll social legisiations ate labor tows, ; penal Sra Pes ASCII NAGI ete i 1. Directly alfocts 1, Soverns the employment (e.g. effects of wages) employment (eg compensation for wens Lint) 2 Designed to meet |2. Tnvolves Jeng the daily needs of workers | 7 aoa heeinvers ora ient foxy fit {ia non-profi: 6st range berets }roup in'a soclaly, Uatly from rendition of work or services 11 exchange for compensation under meiagerlal —directicn: (Mendoaa, 2001), !‘Basic Rights of Workers as Guarantood by the Constitution: (Art. Xil, Soc. 3, 7” par). A. Under Labor Standards (TReSH) 4, Right to security of Tenure: 2. Right to Receive a living wage: 3, Right to Share ut the fruits of production; and 4, Right to work under Humane conditions, B, Under Labor Relations (OCEP) Right to Qrgani.s3 themselves; 2. Right to Conduct co‘lactive bargaining or negotiation with management; 3. Right to Engage. in peaceful concerted activities including strike; and 4, Right to “Participate in policy and «decision-making processes. Constitutional Mandatas 1. “Art Xill, Seo. 3 f5 The State shall afforc full protection to labor, 7" focal “and overseas, organized and 1. unorganized, and promote full employment Ys and equality of employment opportunities for all It shail guarantee the rights of all workers to self organization, colizctive bargaining and egotiations, and! peacefil ~_concerled activities, including! “he right to strike in accordance with law. They shall be entitled to security of tenure, humane conditinns of work, and a living wage. They shall also Participate in policy end decision-niaicing process affecting shel rights and benefits as may be provided by law $ shall promote the principle of sponsibility between werkers end ‘employers and.’ the preferential use of voluntary’ modes . in settling disputes, including conciliation, and thal! enforce tholr {mutual - compliance’ therewith to foster industrial peace, i” The Stale “shall regulate the relat'ons between: « worke’s “and employers, ‘recognizing the right of labor.to its just share in the, frults of production and the right of enterpriges to" téasdnable returns of ~ilnvestments, and to'expansion end grovitn. 2,.cArt i, Seo. 9 «The State stall promote a just and dynamic <=, 80clal order that will ensute: the, prosperity | hand independence of tne nation and free tho hee inane nincn cena arene TG an Bi Soe 8 people from poverty through: policies that provide adequa‘e social services, promote full employment, @ rising standard of living and improved quiality oF life for all. 3. Art ll, Sec. 18 The State affims labor as a primary social economic force. It shall protect the rights of ‘workers and promota thelr welfare. AL Att ill, Ses. 8 ‘The right ‘of the. people, including those employed i» the public and private sectors, to form sions, associations, or sociatias for Purposes not contrarysto lew, shall not be abridged. n 5. Art ill, Seo 1(2) No involuntary servitude in any form shalt exist except as a punishmont for a crime whereof the perty shall have been duly convieted, Att. XIl, See. 12 The Stale shall promote the praferential use of Filipine labor, domestic materials and locally producsd goods, and. adopt ‘measures that hsIp make them compatitve, 7. Att, Xill, Sec. 14 The State shall protect working women by providing safe and healthful working conditions, taking into account thelr internal functions, and such facilities ond opportunities thet will enhance thelr welfare and enabie tham to realize the full potential inthe'sersice of theinetign.. > ey heeae Had ‘el the State sh eto tie, igiade tha: foots tg ie, ip tethges eh ) Mh Pb route, closed Avitions, hours of jj Sean Beda College of Tow MEMORY AID IN LABOR LAW| 3,4 J2009 CENTRALIZED BAR OPERATIONS Adt_ 1701. Neither capital nor labor shalt act ‘onpressively against the other, ar impair the interest or convenience of the public Ar 1702, tn case of covbt, all tabor legisiations and alt labor contracts shell be construed in favor of the safely and decent living forthe taborer An 1703. No contract’ which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid, 2, Revlsea Pena! Code Art. 269. Formation, ~ maintonance and prohibition of combination af capital or labor through viotance of threats, — The penalty Of airasto mayor and a fine not exceeding 300 pasos shail be imposed upon ary person who, for the purpose of organizing, ‘maintaining or preventing coalitions . of Capltal or labor, strike of laborers of !ock-out of employees, shall employ violence or threats In such @ degrae as to compel or force the laborers or employers in the free and legal exercise of their industry or work, the azt shall not constitute a mor serious offense in accordance with the provisions of this Code, 3. Speclal Laws + S88 Law + GSIS Law : + National Health insurance Act » Putarnity Leave Act + Retirement Pay Law + Home Mutual Deyelopnient Fund Law * AntSexual Harassment Act © Ant-Child LaboriAct + 19" Month Pay Law + Migrant Workers and Overseas Filipinos Act of 1995 (R.A. No. 8042) Comprehensive Agrarian feform Lav Magna Carta for Public Heclth Workers Socla! Justice as the Aim: Social juste is neither communism, nor despotism, nor alomism nor anarchy, but the humanization of laws and the equalization of socia’ and economic forces by the State so that justice in a rational and objectivaly’ secular conception may at least be approxiinated. Social tustice means the promotion of the weltare of all People, the adoction by the overnmnent of San Deda College of Law stability of all the comporent elements of the Sosialy through the raeivenance of propor economic 3nd social jyullibnum in the interrelations of the member of the community, constitutionally, Wirougt tae “adopticn of measires “vagally jusiiicble, or extra- corvstitulionaly, through the exercise of powers underlying the axistence of all governments, on the time-hcrored principle uf Salus popull' est Suprema lex (Caislang v.. Wiliams, No. 47800, Dacember 2, 1840), : Police Power as cha basit It is the poner of the Goverment te einer laws, within Constitutional limits, to promae the prder, safety, hualth, morals and genera welalp of society (People v Vira, No. 48748, dipril 3/1959). Article 3; Dactaration of Beste Policy The Stato sivatl {APERA) 1 Afford protection to labor: 2. Bromote full employmen* 3, Ensure equal work oppertunities regardless OF sex, agy or creed 4. Regulate the relations beiween workers and employers; and ~ 5. Assure the right of workers te: (JSSC) {ust and fhumane cor sitions of wor + gel-organtzation; + goourity of tenure; aris + collective bargaining Article 4: Construction in Favor of Labor + Construed in fayoriof jaar if there is'a doubt 2s ‘puilé shearing: ei tha legal and ee a ee iepordange: wil us xpress terms Me pecee e i hed vp 2, ; | Bowdheg fia Seah | it oni Sigel} are also, Bh a ae Roasbhilsoy aiibiting Gris Emoriyiph, Ak 1. Tho Seater sugallel tebor aftdel a 2. The neod (Sbma!S~tyent by labor comes ' from ula, “and even” forperate necossity measures calculated to “ensure ecoramic ——vo "San Beda College of Law (Sanchez v. Harty Lyons Construction Inv., GR No, +2779, October.48,'1950). sExtent of Protaction to Labor: to an amployee who Is abused either by the eniploye or by the union. leadership or thelr” respuctive teprasentatives. 2 Management Rights : +. Under the dotirine of, - management “> prerogative, every employer ‘has the “Inherent right’to regulate, according to his +." own discretion’ and judgment, all aspects of employment, Including hiring, work assignments, working methods, the time, place and ‘tanner of work, work suzervision, transfer df employess, lay-off of workurs, {and discipline, ciswissal, and roca of | employees (Rural Bink of Cantiien v. Julve, OR No. 169750, Fodrsary 27, 2007) ‘The employer has the right to: (GPSTR) “4, Conduct business, Prescribe rules; Select and hire empioyees; Transfer or discharge employees; and Return of investment and expansion of business, oaens * Management prerogatives, however are subject to limitations provided by (1) law, (2) ‘contract or collective bargaining agreaments, 8G (3) general principles of fair play 2nd Justice (Mandoze v Rural’ Bank of Lucban, | “GR No, 185421, July. 7, 2004) 2 Atiele &: au ana Regulations eho *)) The rulestiand requiatloris issued by the 07 Deparmett of “Laber and Emoloyment * (DOLE) shall become effective 15 DAYS AFTER anmouncement of iheit adoption in newspapers of general circulation. Sec. 3/1) ‘arid, S8c. ;4f. the Révised Administrative 11» Coble of: 1957:aleo require the fling of three ‘ (9). certified. copies. of “the administrative ‘yggitles and: regulations. with te UP Law “Center. és : ‘© ‘Administrative rales and regulations must be “"\ published if their purpose is to enforce or > cimpiement existing law pufsuant to a valid delegation (Fafada v. Tuvera, GR N 163915, April 14, 1985; Philsa ini’ Placament \, Sec, of Labor, GR No. 103144, © April 4, 2001). JAEMORY AID IN LABOR LAWIS: Delegated Logisiative Power: The Labor Code itself vests the DOLE with rule-meking powers in the enforcement whereot (PASE! v. Drilon, GR Ne. 81988, Juno 30, 1988) However, a rule or regu‘atlon promulgated by an. administrative body In excess of its rule-making, authority is void. An administrative interpretation \Wwhicit takes away benefits granted In the law is, ultra vires (CBTC Employees Union v. Clave, GR No. L-49562, January 7, 1986): Article 6: Applicability Gorieral Rulo: The Code abpiies to all workers, whether agricultural ot non-agrioultural, including employees in a government corporation, incorporated under the Corporation Code (Seo aicussicn uncar Att: 244), Exceptions: 4, Governiment employees; 2. Employees of government corporations created by special or original charter (Juco v, NLRC, GR No, 98107, August 18, 1997); 3. Foreign governments (JUSMAG-Phillppinas, v.NLRC, GR No, 108813, December 16, 4994); \ 4, International Agencies {asco v, UNRFNRE, GR Nos. 109095-108107, February 23, -1995), ernoloyees of intergovernmental oF international organizations (SEAFDEC-AQD v._NLRC, GR No. 86773, February 14, ypursuant.tonthe ode (Natal VI if eBO02)! atid.(= 8.1209 CENTRALIZED BAR OPERATIONS performed by a farmer a8 an incident to or in ‘conjunction with such farming operations. Thera may be, in 0.38 employer, both agricultural ‘48 well as indusirla, workers, ; Note: The Labor Code applies with or without employment relationship betweun the dlsputants, depunding cn the kind of Issue involved. The presence or absence of employer employee relationship is itself a labor iaw question (Azucena, 2607), CHAPTER 2, EMANCIPATION OF TENANTS. (P.D. 27 AS AMENDED BY RA, 6567, COMPREHENSIVE * AGRARIAN REFORM LAW AKA CARL) 1. Att, $00.21 The Stata shall promote comprehensive ‘ural development and agrarian refoim, 2. Art Xill, Seo.4 ‘The State shall, by law, undertake an agrarian refoim progrein founded on the fight of farmere and regular farmworkers, who are. landiess, to own directly. or collectively the lands thoy til or, In the case of other farmivor'cers, to receive a just share of the fruits thereof, To this and, the State shall encourage and uidertake the just Uistribution of all agricultural lands, subjoct 'o such priorities and reasonable retention ‘imits a8 the Congress may presciite, taking Into account ecological developmental, or ‘equity considerations, and subject to ‘the payment of Just” compongation. In datoimlning ret zation limits, the Stale shall fespuct the rights!of small landowners. The State shall furthés -provide incentives: for voluntary land-shaving. Note: Shere tenancy has been abolished by RA, 3844, as amended by RA. 6389, for boing contrary to public policy, placing in its stead ¢ leaschold system. It marked the ‘movement towards the eventual ownership of land by its tilars. Under Art. 8 the land covered by operation land transfer must be: 1. Private agricultural land; 2. Tenanted; 3 Primarily devoted to rice andior com; and 4, More than seven hectares Ir area. San Beda College of Law b.0 27. CARL IRA. 6887) Private ‘Ail public and agriculture! | private fancs ” agricultural primerily | tands inciuding devoted to | othar lands of rice and cor | the pubsc Under | domain sutable Gane | Seetem ot or ogecutre Sharecrop i | (See daoussion teases | Under GARC for torancy, | englustons) whether 4 classified ct be landed 3 may retein | the retention by ua area na | the landowner more then”. | excead § Retontion | hectares if < | hectares. Limits such Sheciares may landowner '3 | be awarded to cultivating -.] each child of such area cr | the landowner, will now ithe is (1) at cultivate it, | least 16 years of age; and (2) actually tiling the land or | directly ‘managing the farm, Landowne "| Ti ne Gase shalt i i } ie Land Bai* Ban Beda College ist Law Sean Beda Colley ee land owived | by Senofclarics, bytenant-” - | under CARL. farriers may not lie under ?.0. | soid, transferrod 27 shall be | or conveyad for No tiie tothe | Lande eaquired | actually @ period of 10 issued toa years excopt tenant- througn farner hereditary unless and | succession or until the » when sold, . tent transterted or fern naa - | conveyed to the become a: | Government, oF Reuter | tultioaged | ome L ne Title _ member of a | other qualified a duly beneficiaries for recognized | a period of 10 farmer's years, cooperative ‘Title to the Jand is not. transferable excopt by hereditary - ‘succession ‘orto the: Government in accordance: ae with Pip. 27 He Emancipation Patent = the title issued io the fenent upon compliance with all the fequirements of: the ‘government. It reprasents the, full emaricipation ‘of ‘the. tenant from the bondage of.the sol. Purpose of Prohibition Agalnst Alienation 1), Proseive the landholding in the hande of the owner-tiler and his heirs, 2. Minimize lend spsquietion; and 3. Provent a return {9 the ronime of land ownership by a few’ Lands Not Covered » 1. Lands obtained through namestead patent; 2. ° Residential subdivisions; end 3... Livestock, poultry and swine raising lands, ane MEMORY AID IN LABOR LAW} 7 RMR A lunes en aa ‘olicy of the State Article 4 1. To promote and maintain a state of full ‘emolsyment’ through. Improved manpower training, allocation and utlization; 2 To protect every citizen by securing for him the best possib'e terms and condition of employment; 3. To facilitate @ tree choice -of available employment. by persons seeking work. in conformity with the national interest; 4. To facilitate and regulate the movernent of workers in conformity with the national interest; te 5. To regulate the “employment of aliens, including the establishment of a registration and/or permit system; network of public 6! To strengthen the employment offices end rationalize the participation of: thé private sector in the recruitment end placement of workers, locally and overseas to serve national development ebjectives; and 7 To insure careful’ valection of Filipino workers for overseas employmet in order to Crotect the good mame of the Philippinas abroad, TITLE ONE: RECRUITMENT: AND PLACEMENT OF WORKERS. Chapter 1: Genorat Provisions Dorinitions. SH ee “any martb@P otha abor ether emplayed or unethiplayed % eagiyitment’ and Placement’: fCHUP) Ganvasaing,eniisth ting, ring, staff if "hatha Toe rent, ichally QF aru rovidad that any Perso vafrler Bot the act of Of workers. The ih2 12009 CENTRALIZED BAR OPERATIONS ete CORTRAIZED BAR OPERATIONS (Csople v. Panis, GR No, 1-68674-77, July 17, 1986), Elemants of engaging in recruitment and placement activities 1 The complainant had a distinct impression that the accusec had the power to send complainant abroad for work; and The complainant was convinced to part with his money in ordsr to be sa employed (People v, Goce, GR No, 113161, August 29, 1995), Privato Recruitment Entity ~ any person or tly engaged in ths facrultment an placement cif workers for a fee which is charged, directly or indiracty, from the warkers ar ernpiayers’ oF both, Liconse - a document Issued by the DOLE authorizing @ person or entity to operate a Private employment agency Recruitment Entity - any person ot ssociation engaged in the recruitment and jement of workers, locally of overscus, pthout chargirg, directly or indirectly, any fee trorn the workers or employers. Authority » document issued ty DOLE authorizing @ person of association to engage in ‘ecruilment and placement activities as a private recruitment enity. Seaman ~ any person employed in a vessel ‘eagaiged In maritime navigation, Ovorseas Eerployment ~ employmen' of a worker ouside the Phijppinos Migrant Worker - rafers'to a person who is to be engaged, is engaged, or has buen engaged (0 @ remunerated activity in a State of which he or sha is not a egal resident, Note: A person to:be ergaged in a remunerated Activity refers to an appicant: worker who hao been promised er assured of employment overseas and acting on such promise or ‘assurance sustains damage end/ of injury. Emigrant - any person, worker oF attueiwise who emirates to a foreian country by virtue of Gn inmigrant visa or tesiders permit or its equivalent in the country of destination at Artclo 14: Employment ®romotion filocation of marigower tesources is assigned to: 1, Bureau of Lozal Employment (BLE); and 2 Philippine | Ovwesoas- Employinent Administration (PGEA) for oversoas eniployment. + RA, 8759 (approved on 2000) requires the establishmert of a Publi. Employment Serve Office (PESO) in capital towns, ilies and other strategic areas, : Article 16: Private Racruitnent tt Generel Ruta: No person crientity shalt engage in the recruitment and plecement of worke,s locally and overseas Exceptions; 1. Public employment offic: 2. Private recruitment entities: 3, Private enipioymen: sgeicies; 4. Shipging “or — manniig agents or 6. Construction! contractors I authorized by the DOLE "and te Corttruction Industry Authority, 7. Members of the diploma must 80 go through POZA) 8 Other persons or enities és may be Secretary; and ‘corps (but hiring Sia ake Sere urction’, el SGaubthery Torre 5 pe y 9422) amployer will pay the workers thair salaries “cotresponding ‘0 the.10 2009 CENTRALIZED BAR OPERATIONS nespited portion of tho empioymnent ‘contract (Vinta Maritime Co. v. NLRC, GR No. 112941, January 23, 1996) the date of employment termination Securred on or after Juy 18, 19:5, te law to apply is R. A. 8042. Under Sec, 10, a worker dismissed from “overseas employment witnout just, valid or authorized cause is sniitied “to full raimbusement sof His placement fee with interest at 12% for annum, and Ifthe contract of employment is BELOW fone year, the salaries for the onto unexpired portion of the contract shall be paid; and If the contract ‘of employment is ONE YEAR OR MORE, the salaries for the entiza unexpired portion of the contract OR three (3) months pay for every year Of the unexpired portion, WHICHEVER 1S LESSER, shall be paid (Marsaran Manning Agancy, Inc. v. NLRC, GR No, 127196, August 25, 1999). Note: The clause “er for three months for every year of the unexpired tern, Whichever is leas" in the 8" par. of Son 19 of RA No 8042 Is declared unconstitutional by the SC fer violating Soc. 1, Art. th of the Constitution, See 18, Art Il and Sec. 3, An. Xill, when accord all members of the tnbor sector without distinction ay 10 place of eplayment, full protection of thei rights and woifare, (Serrano v. Gallant Maritime Services inc. sad stavlow Navigation Co. ing, GR No. 167614.» ‘Maich 24; 2009) Outside of POEA Jurisdiction 1 Foreign Judgment + POGA has no iurisdiction to hear and declde a ciam for enforcement: of a foreign judgment. Such chim must be brought before regular courts (Pacific Asia Overseas Shipping Cor. v. NLRO, GR No. 76595, May 6, 198). Tons + ‘all under the’ provisiving of the Givin Code, Invalid Agrooments 1 Sigring satistaction recelp's Is nat ws walvey Any agieement to racuive—foas compensation than what the worker is ‘ontitled to recover Is invalid (MR Yard Crew Union v. PNR, GR No. (-33621, July 26, 1975). ery lworharpy Unger RU HOBR: shall proviog iy, the Fil ante jd is Fay < 1m Mebu College of Law" 2. An agreement ttat ..dimin'shes the employee's pay aid banefits as contained in a FOEA-approved centract Is vold, unless Such subsequent agrestnent is anproved by POEA (Chavez y. tlonte-Porez,, GR No. 109808, March 1,'1995). Minimum Employment . Conditions, of Overseas Employmont (GFF-JW-RAF) 1. Guaranteed wages fcr regular working hours’ ‘and overtime pay; 2. Eree transportation fro‘ point of nire to site.” of employment and retin; 3. Eree emergency’ mogical-y ana dental Geaiment and facilities; i 4. Just Causes for terminstion of the sarvices of the workers: * 5. Workmen's: compensation benefiis and war hazard protection: 6. Ropatristion. of worker's remains and in case of death’ z oF remitince of Salaries und allowances, and 8. Fren ans adequate board ‘and todging feciities or compensatoy food allowance, worker's age workers 1, apartment of Foreiga / airs (OFA): 2. BCLE: 3 Po 4. Qveiseas Workers” Weitare Administration (QWWA) = provides nell and wollare Services including insur rige coverage, legal assistance, piacemani "assistance and fonittance _spevicgs..tc Filipino overseas assiciancs ia i9e antoreep ent OF con “afspigation’ oy doles wnuvog ancgeRen wf Kop { Si i 5S "pce M) A te the C to the 6. RRc Wchune See ea Classiiegndn 1. Sex’ Buse pssnployed in a veSealrangaygd in matty Hapigation, 2. LundsBighg,- cenlac [footer than seaindtBtiyginggad BPs engaged in store acliyfigs Wha Gocupalion requires iothat majority of hig Wworking ‘oF gainful houre are spent on lars *article'18: Ban on Direct Hiring | General Rule: Diress biting of Filipino weskers for overseas employir ent is not allowed, Exceptions: Direct-hisng by. 4. Members of the cislomatic corps; 2. International orgerizations; 3. Other employers as may be alowae by DOLE; and ‘4, Name hireos, Name Hiress ~ individual workers who. ore able 10 secure contracts for. cverseas einployfnent on, their own offorls and represéitations withou! the assistance or Barticipution of any agency. Their hiring. ‘onetheless, shall poss through the Pl for processing puivosos (art il, Rulo if of POEA Rules — Governing Oversees Employment as amended in 2002) Rationale of the Prohibition 1, To assure the best possible terms and conditions of work to the employee, and 2 "To assure the foreiyn employer that he hiras ‘only qualified Filipino workers, “Article 19: CFO The Commission on Filipinos ‘Overseas {CFO) replaced the Office of Emigrant Affairs. it essists in the forrnulation of policies atfecting Filipinos overseas, and formulates an integraled program, ‘that promotes the welfare of Filipinos oversves, ‘article 22:fthandalony Remittance of Forelgh ‘Roguiremélt: All oversee Filipino workore are Teqhired ;to" remit a portion, of their foreign ‘exchange eamings raniing fem 50% to 80%, P! depending ofthe wwatlsat’s kind of job, io thelt Jitamillies; ‘dependents abd/or ‘benaficiaries (Rule 1 Vil; B00K i, POEA Ru'es). : ‘ TOA Sue ciann a um eesann Coes) Seamen Or Mariners 80% Workers For Filipina Contractors And Construction Companies Professionals Whos Employment Contract Provide For | Professionals | without Boar And pLodging | Domestic And Other Service Workers Exceptions to Mandatory Romittance 1. Where tha worker's immediate "family meinbers, dependents, or beneficiaries are residing with him abroad: 2, Flipin> servicemen working In U.S. miltary installations, and 3. Immigrants and Filipino professionals. and employees working with United Nations agencies or spacialized bodies (Resolution Committes for it1212009 CENTRALIZED BAR OPERATIONS ‘never BAR OPERATIC Chapter 2: Regulation of Recruitment and Placomont Activities Article 28: Private Soctor Participation in the Recruitment and Flacement uf Workers Private Soctors that can partisipeto 1, Prvate employment agencie: 2. Private recruitment antties; 3. Shipping or manning agencies: 4 Such otier persons as may be authorized by the Secretary of Laber and Employment and 5. Construction contractors with w duly issued authority to operate private -recruiiment onuties (See. 4, Rule Vi, Book implementing Rulés of Le) Qualifications for Participation 1 Chizenship requirement (Art 27, 1c) Filipino citizens; or »- Corporatiens, partnerships or entities a least 75% of the authorized and voting capital stock of which ts owned and controlled by Filipino citizens. Capitalization (Art. 28, Lo) For single proprietorship or partnership - minimum cap taiization of two (2) milion pesos. b. For corgorations - 3 ininimum raid up capital of two (2) million peso, Provided that those will existing lice.1ses. shall, within 4 years from effactivity hereof, increase thei” capitalization or paid-up capital, as the case mey be, 19 two (2) hllion pesos at the raie of two hundred lity thousanu ‘pesos (i 250,000) every yoar. : S. Those not otherwise disqualified by law or other government ‘regulations to engage in tha recruitment and placement of workers for oversoas employment Disqualified from Recrultment and Placement of | Workers for Overseas emnploymont whether tor profit or not 1. Travel agencies and talou ayencce of airline companies (rt 26, 12) 2. Officers or members of the board of any Corporation or members in a. partnership engaged in the businass of a travel agency; 3. Corporations and partnerships, when any of its ‘officers, members of the board er partnars, fs alsa an officer, member of the board or partner of a’ corporation or rrr en ne ne ry iyi Gedy College of Katy rennet EY partnership engaged in the business of ‘a travel agency (inleviacting officers): Persons, Sarinerships 2¢ corporations which have darogetory reccrds, stich a6 but nat funlted to a Those certitied to” have derogatory ecord or informetion by .the National . Bureau, of investigation (NBI) or by tne Antiillegal Recrulinent Branch of the POEA; : 5. Those agains! whon probable cause or ‘via, facia finding of guilt for illegal tweruitment or clrer elated cases pists; © Those convicted tar ilegal recruitment or other velated tases andlor crimes involving moral turpitude; and Those agencies whose licenses have sen previously sangeiled or revoked by POEA for violation of R.A. 8042,.P.0, 442 as amended ard their implementing tule and regulatinis as well as the abor Code's laiplnenting Rules and Regulations, 5. Officials or employees «1 the DOLE of otner government agencies cirectly involved in overseas employment jwogram and thie flatives within the 4" degree of consanguinity or affinity; ind 8 Thosn whose license hive been previously Cancallud oF revoked (Luc. 2. Rule 1, 2002 Rules nd Regulations cn the Kecruitmont and Employment of Leni:Based Werkers) Anticlo 29: hon-Trainstorabil ty of License or Authority ; Ng I inay- te sid! oni) ig Bho in wpoge Rl favor it nas issued ened TH canvieees “iV assigned, ‘ndnveyoe br ranslerred “Solhur person orenbiy.s. tbo used palyunt te: plac se aaa ee bt atid dp sldmer iniertakan: ‘si theirty Hai cdi Sse, fea dls 9. Pleyindrar.feerutment gi sere may cl pri engage in; cause theScien Callen, (ay ae Atticle 31: Bonds é ‘All applicants for llearise or authonty’ shall post such cash and surety. honds as determined by the Secretary of abor,. including esc deposita, 5 Purposes: 1. To guarantee compliance with preseribed recruitment . procedures, rules and regulations, ‘end “terms and conditions of emoloyment; and 2. To ensure promt and efiecive recourse against such com antes when held labia for applicants or worker's claim (Finman Generel Assurance v, Innoconcio, GR No, 90273-76, Novemver 18, 1969) Exemption from Garnishmont : * Cash bénd filed by applicants for license or authority is not subject to garnishment by a judgment creditor of the agency. *, Should the bond/dieposit in esciow or any part thereof be gamished, the same should be replenished by the agency within 418 days “from notice from the POEA, Fullura to “replenish the same within the said perlod shall cause the suspension of the license (See, 22. Rule ll, Book 1), ‘Rules and Reguletiors on ithe Recruitirent and Employment of Land-based Workers). Note: POEA has the power to enforce liability under cash or surety bonds, « | Article 92: Foes to be Pald by Workers “se ‘The appleant can: be charged with fees only after. ha?has obtained. employmant or has actualy Gammencod aniploymant +) Fees paid snail always be covered with the * appropriaie “receipt clearly showing the ‘amount paid. 4, Suspend of cancel licirse; and 2. Order the refund or reimbursement of such illegally collected fees (Hastem Assurance and Surety Corp: v. Sec. of Labor, GI? Nos, 79436-50, January 17, 1980) Prohibition on Charging Fees 1. Placement fees cannot be collected from a hired worker until he has signed the MEMORY AID IN LABOR LAW| 13 employiment contract and shall be covered by receipts clsarly showing the amount paid (Sec. 2[a), Rulo V, Book ll, Rules ‘and Regulations Governing Overseas Employment), 2, Manning agoncies shall not charge any fee from seafarersappiicants for its’ recruitment and placement services 3. No other feos or charges Including Processing fees shall be imposed -against any worker Article 34 and Section 6, RA 8042: Prohibited Practices (iFFPI-HOFAT-W) It shall be unlawful forany individual, entity, licensee, oF holder of authority 1. To charge greateg: amount than that * Specified in the schedule of allowable foas (llega! exection), : To furnish any false information in‘relation to Tecruitmant or, employinent (False infortnation); 3. To give any false notice, testimony etc, or commit any act of misrepresentation to Sscure a ‘license or authority (False slatements); 4. To induce or attempt to induce 9 worker to Quit his job in lew of andther offer unioss it IS designed to liberate the worker from oppressive terms of employment (Blrating) 5 To influence or attempt to influence any Person or enty rot to employ any worker who has not applied for employment through his agency: (Influencing nat to OMPIOY): we seeraye ry, 6 To enyard, a -RectURHnbor placeinent of jabs airnf i, morally to the dignity, of the: Rhtliogines os, PS14 |2009 CENTRALIZED BAR OPERATIONS LTR AIED PAR OPERATION 11. To withvold travel documents froin applicant workers be‘ore oeparture for unauthorized Monetary considejaticns (wWithhataing travel documents), Article 38: Suspension andor Cancellation of License or Authority Non Licensee or Non-Holder of Authority - «any person, corporation or entity which has 1 buon issued @ valid tleanse er authority 10 ngage in recruitment and placeniant by the Swotclaty of Labor, of whose licanse or authority yao been suspended, revoked, o cancelled vy tho POEA and the Speretary Grounds for Revocation of Liconse (IVE) 4. Incurring an accumulated thrwe counts of Suspension by an agency based on final and exoculory orders within the valktity period of lis flcense; 2, Violations of the conditions of license; 9, Engaging in acus of misrepresentatior for the puspose of securing a license or renewal thereof, and 4. Engaging in the recruitment or placement of workers to jobs harmful to the public health of morality Or to the dignity of the Repubiic of the Philippines (Sec.3, Rule |, Book Vi Rules ond Reguiations Governing Overseas Employment) Grounds for Suspension’ Cancellation. of Licansa (AC-DDP) 1. The acts prohibited under An. 2. 2 Ghucging’ a tee before the worker is ‘employed or In excess of the aulhorized ‘amount, ‘ 3. Boing recruitment in places’ outside its ‘authorized area, 4. Deploying workers without rough the POEA; and 5. Bublishing job announcements without the POEA's prior approval (Sec.4, Rule Il, Book 1, PCEA Rules) processing Jurtsdletion The DOLE Secretary (Art. 96) and the POEA Admintsirator (See, 1, Rule i. Book VI, New Rules on Overseas Employment) | have CONCURRENT JURISDICTION fo suspend or cancel a license, (Trans Action Ovurseas Com. \ Sec. of Labor, Git No. 109683, Saptember 5, F997) > 14 Liability of recruitment a yancy + Thy rectuitmont agarzy is SOLIDARILY LIALE with tre foreicr principal for unpaid nakwies of @ worker it recruited. Betore recruiting, the-agency is required to submit a document containing its power to sua and be sued jointly end soliderly with the principal oF foreign-based empayer for any of the, violations of she refuitnent agreement, and the contracts of empiornent (Sec. 10, Rula ¥. Louk |. implememing Regulations of LC). Noe The recruitment agency. may stil be ‘sued @ven if agency agreament between Fecruitmont agency an pringipal is already savered if ng notice ol the: termination was given (o the employee ivised.on Art, 1927 of fig New Civil Code (Gatun v. NLRC, GR No, 77297, Api 18, 1986). Contact by Principal — > + Even if was the prin: pal of the manning agency Who entered itt contract wih the employee, the manring agent in the Philippines is jointly anc solidarity lable with the principal (Saugull Maritima: Corp. v. Balatongan, OR Nes, ®3635-—-53; February 28, '989), Suabllity of Foreign Corporations + A forsign ‘corsorationn that, through unlicensed agents, iwovits workers in ine county may be sued in-and found lable by Phibppine courts (Favilties «Management Comp. 'v. De La Osa, GR No, L-98549, Merch 26,1979). yn +t shull they indy the commission of tho “Iptowtg’ proniies acts whetror Ba jHeva Coltege of LawSan Beda Colteiv-of Zar MEMORY AID IN LABOR LAW| 15 Sd a a renters EMORY AID IN LABOR LAW] 15 committed: by u nonclicensee or non-holder of ‘authority or A licensee or holder of authority (See. 4. R.A, 6042! 1, Those pro‘ibited practices enumerated under Art. 34; 2. Fallure to-sctuaily deploy without ‘lid reason qs d2terinined by DOLE: 3. Faliure to ieimburse expenses incurred by. the-worker int connection with his documantetion and processing for" Purposes. «Mf deployment, in cases Where the deployment does not ectially tae place without the worker's fault id Recruitment and placement activiios of ‘Agents or representatives appointed by slicensee, whose appoiniments were "Rot previously authorized by the POEA ‘5 hall tkewise “constitute legal Heeruitment. ‘Eloments of ileyal Recruitment 41, . The- offender isa licensee/non-licensee or holder/non-holder of authoilty .engaged in the, recruitment and. placement of workers; and 2. The. offender’ undertakes either any fecruitment. activities defined under Article 13. (b)," or any” prohibited — practices enumerated under Art. 34 {Paoplo v. Sadiosa, GR No. 107084, May 15, 1998; Sec. 10, RA, 8042), Qualifying Circumstances that would make Mlogal recruitment .as an offense involving ‘economic sabotage: 4. When ilagal recruitment is committed by a SYNDICATE, je, iF ltis carried out by thrce 8) of more. parsons conspiring. andlor onfeiferating with one another. or 2, Wher diiegal recivitment is committed In LARGE SCALE, io, if It Is committed againBt three. i3) "or more porsons individually of ag :1 group, Consequances of Cenviction (AFC) 1.» Automatic “revocation of tne eons. o¢ ‘aulhorlly (Art 39 (7), LG); . 2, Forfeiture of.the cesh and surety bonds (Art 39 fe}, LO); and: s. , 3." Conviction for thee crime. of estata, if (ound Duily therefor (People v Calonzo, ‘GR Nos. 118180-55, Septériber 27, 1996). Act “Constituting * Estafa’ - The | accused represented themselvas to complaivants to have {the capacity to send workers abrotd, tithough they did not have any authority or license. ita by" this represoniation that they Induced complainants to pay a placement fee, Such act constitutes estate under Ar. 316, par2 ol the Revised Penvi Code (Paople \. Hemandez, GR Nos. 141221-36, March 7, 2002) Venue of Cr minal Action Arising from illegal Recrultrzent ‘The complainant may, at his option, file’at the RTC of the province or city: = 7 1. Where the offsnse was committed; OR 2. Where the offended party resides at the tina of the commission ofthe offense, Summary of Riles 8p! prescriptive perlod and penatly (Secs. 7 aiid 12, R.A. 8042) ONT Eatin syears | 20 years Prision | Life imprison= | mayor ment |: B200T- I | Peer | esooram | Note: MAXIMUM PENALTY shall’ be!) imposed if the person illegally recruited i¢ fess than 18 yoars of age or commited by a non-licensee or non-holder of authority, Absence of Receipts Evidencing Paymont, Not Fatal 10 Prosecution's, Case For iilogal Recruitment *+ As long aa the sftristspsycan positively shovi nies that the through thivefRBOBIN fcousét Il Beli frecruitmont dhe fense, despig : thes a ople v. Seead t cape spa e i ciadtiey AED i ged ingen Far Phe e Ge is16 ]2009 CENTRALIZED BAR OPERATIONS ELROD CENTRALIZED OAROPERATIONS issuance of Search Warrant or Warrant of Anost + Ait, 38 ig UNCONSTITUTIONAL inasmuch as it gives the Secretary of Labor the power to issue search or arrest warrants (the Sacretary not being a jucge, the authoriles ‘must go through the juvlicial process). + Tho EXCEPTION is in casas of deportation of legal and undesira:.ie alions whom the President or + the” Connmissioner of Immigration may order arraatad, following final order of deporiation, (Salazar v. Achecoso, GR No. 81840, March 14, 1990), Note: Tha Secretaly of Labor may order closure cf ilegat recruilment establishments because it ig only. administrative and Tagulntory in nature. See RA 6042 under social legislation for futther discussion, TITLE TWO: EMPLOYMENT OF NON RESIDENT. ALIENS Articia 40: Employment Permit o1 tone Resident ations Allon Emplaymont Permit (AEP) - is required for entry into the country for employment Purposes and is issued afler determination of he non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired, Employmont Pormit Roquirod 1 All Toruign natignals seeking admission ‘9 ‘ke Philppinas for the purpose of «inployment 2. All nonesident foreign nationals steady working in the Philippines; 3. Non-resident foreign nationals. admitied to {tha Phillpines on non-working visas and \whio wish lo seek employment; and Mistionarins oF religious ‘workers v.39 intend {6 ongaga in gainful employer Note: Employment permit should se secured vegardiess of the source of compensation and duration of the employment, whether the onploymont is parttime or temporary (Sees, 2 and 3, Revised Gvidaines for Issuance of lier Employment Permil), Han Weds Coltege vf Law An AEP is issued baseui on tho tollowing: 1. Compliance by the: azplicant employer or the foreign national with tne substantive and documentary requirerrants; 2. Determination ol the DOVE Secietary that iharo is no avaiable Fllpine national who ia, competent, able anc: yiling fo do the job for? the employer, and 3. Assessment of the DTLE Secretgty that the erployment. of xe “foreign national will redo1Ind to national busiefit. Nole, DO. No.2 and ts adcompanying DOLE Primer siete that: the Undorstudy: Training Program is no longer’ araquiroment in the issuance of AEP and the smpiojer has now the : option {0 implement transfa of technology q Requisite for Smployment™ of Resident Aliens; + Immigrants and resident alians ere ot fequired to secure a working permit. They ate requifed ( vecure their Alon Employmont Rogletration Certificate (AERC) (Almodiel v. MRC, GR N>, 1006.1, ure 14, 1993) Exemption from Pormit The (lloning eaiegorog.of aliens are exempt from Sacuring employment permit In order 10 work in the PF lippines 1. All-unembers'01 the dplomatic serves and foreign guvernment olicials aceredied. by and with rechaoeiy arrangement with the Phiippine government 2 Oh SE RL omaiond organigatigng lot biRi¢h Ihe sBhgippines is a mort: Yahi “IGRICGIES. Sorage desiring to.work inet hilipginas; Onis Forign mah ig aCe) acme eaty eee Upon Sete vies Spiker postign at “y i Ee Soul ediporalon 4 8H Phalp aha rcpt Ibe yng Gott cee ih i 3. a b wie a fa Bysmigtai 4 8 oats malian ihe Pris Suip wah, eg sh : ‘eeu ort tiga oe and collegas A a5 visiting, adjunct professors under for agreeifens between the {tes GE tian WHSy 9 AG wl i6 7universities or.coluigen in tho Philippines and foreign univarsile oF colleges; or betweon the. Philippine, government and foreign government; provided that the exemption is on a reciprocal basis; and 7. Resident foreign naticnals (Dept. Order No.75-06, May 31, 2006), Grounds For Susjnsion of Employment “Parmit :' 1... The continued stay of the foreign national may rasuttin damage to the inturost of the industry of the country; and ‘2. The employment. of the foréign national is ‘suspended by the: employer or by the orer of the Court (bid. Grounds for Rei Poanlt 4. Non-compliance, with any of tha roquiraments of’ conditions for which the employment permit was Issued; 2. Misrepresentation of facts in the application; 3, Submission of. falsified or tampured document; 4, Maritorious’ objection vr Information against the omploymant, of foreign national as determined by the Regional Director, 5. Foreign national has 8 derogetory record; ard 6. Employer has terminated the employment of the foreign national (Ibi). tation’ of Employment Valiaity of Employment Permit + ONE. (1). YEAR, unless the employment contract, consultafcy services or other which shell Inno. case exceed 5 YEARS (Ibid). fy + FINE 16 working withduil cr with an éxpired AEP: 10,000 every year er a ‘traction therdof (ibid). > Rule on Nationalized Busin ue Be i Rule: Foreigners 'may NOT be ee ee din talenatcee bustece ‘+ Seétion 2-A'of the Ant-Dummy Law problolts: > the employment oF aliéns in entitles engaged in business vitioss exercise-or enjoyment Is revetved only to'Filipinos or to corporations or associations whose capital should ve at least 60% Filipino-cwned, modes of ennagement: provides otherwise, . [MEMORY AID IN LABOR LAW] 17. Excoptions: 4. Where the Secrstary of Justice specifically authorizes the employment of technical personnel, 2 Allens who ore mambére’of the board of directors of corporations in proportion to their allowable participation in the capital of euch entities (DOJ Opinion No.143, s, 1976); and 3, Enterprises registered under the Omnibus. Investment Code in case of technical, aupervisory or advisory positions, but for & limited period Article 41: Prohibition Against Tranefer of. Employment 1. Allens shalt ‘not transier to another job or change his employer ithout prior approval of the Secretary of Labor. 2. Non-residant allen shell not take up. employment in violation of (he provisions of the Code, Note: Violations of the abovementioned acts wil subject the alien to the punishment provided in. Arts, 289° and 230 and to deportation after service of sentancs TILE ONE tor Hit Inistfach NATIONAL MANPOWER To disseny knowledge ’ . To reognze “and encourage the complementary roles of public end private institutions; and :218 |2009 CENTRALIZED DAR OPERAIONS AR LIEENTBAUZED DAR OPERA 5. To inculcate desirable values, Middio-Levol Manpower roars ta those: 1. Who have acquired practical ski's and krowledge through formal or nonsformal education and waining equivalont to at least @ secondary education byt protarably a post Secondary education with @ corresponding degree oF diploma; or 2. Sklied workers who fave become highly competent in their trade or craft as attested by industry, TITLE TWO: TRAINING OF SPECIAL WORKERS AND EMPLOYMENT Chapter 1: Types of Special Workers 1. Apprentice 2. Leamer 3 Handicapped Articlo 87: Statomant of Objectives for the Training ancl Employment of Spocial Workers | To halp mest the demand of tue economy {or trained manpower, 2. To ostablish a national program; and 3. To establish “apprenticeship standards. for tha protaction of apprentices, apprenticeship Articlo 58: Definition or Terms Appreniicostip - practical training on the job Supplemented by related theoretical instruction, ‘or a highly skilled or technical occupation for # Period of not less than three (3) months but not ‘more than six (©) months, Approntice « \wiitten @ worker who is covered by a apprenticeship agreement with ar Individval employer or any of the entities recognized under this chapter, with an tbprenticashlp program duly approved oy the DOLE : Appronticanble Occupation - any wade, form of employment or occupation wich requires mare than 8 months of practical training on the job supplemented by related theoretical instruction, ; Appronticuship Agreement ~ an employment contract wherein the employer binds hinge to {iain the apprentice and the apprentice in-turn wocepls the terms of training, in 1 LLL On-tho-job-training « prestical work expetlehce’ through’. actual partcipvtion in - productive Span jBeda College of. activities given to oF acquivsa by an apprenti Busingss, snterprisa, industry or olher acti which is engaged in the a atication of advan lechnoiagy ; Highly Technteat’ industries = ty Article §9° Qualifications it Apprentices 1. At least 15 years af aye (as amendeal by RA. 7610), provided tat if below 18 yodrs, he shali “not be eligible “for hazerddus occupation, tag 2. Physically fit for the acekisaitan in ywehich| Geuires to be trained, 4. Passes vocational apt tude and capacity for the particular occupa:on “as. establisted through appropriate tas's: and 4. Possess the “ability 12° comprenand dd follow oral and written irstructions. he Note: fiede and industry, associations mby fecommend to. the Secretary of Latfor appropiate” educational’ - qualifications lor apprentices in certain oezupations “wich, | If approved, shall be the educational requiremeyts ‘or apprenticeship in such occupatione, uniebs waved by’ an employer in fhvor of an applccht who has demonstrated exceptional abilty | Geatiicatien expisining riety’ the groune Such waiver, cing signed by he pergon in crarfe of tho program, shall be” attached “to the ‘apprenticeship agreement of the applic} concetnad. (See 45 Rue doe thud Impremontrg:the Ebon Coats endsitge er 60! Employment of ¢ppréntices QUplifications to be'mét dy Inijployer TOely employers inthlaniyy ec ig Sy ebripiogapprentigg alin 2 Snly | gh papeat iblprineaip, te a Veg Rois ieastorra 78 Vas 1. eiysuncetign gi fe : 2 bs B het yb6r6 of the prylrve : 2 Arg 1 ADS xacutes anetfgheg freee nt 4 Apevia Vir yaC UES be approved by tndSeBebetg SGYE otherwise, the appronllea” a Beydecrmod a regularjeptamba) 20,1996); and lcaship shail not exceed six (6) months (Sec. 19,'Rule Vi, Book I, Rules es Implantenting the Labor Code). Note: At’ the < ‘termination of thie. “apprenticeship, the, employer is not required to continue the employment. Article 612,. Contents’ of Apprenticeship Agreement + Agreemont shal Include: 11 Full name and addross of the contracting parties; 2. Date of birth of the apprentice; 3. Name of:trade, occupation or jcb in which the apprentice shall be trained and the dates. fon which such training wil begin and will proximately end 4. Approximate number of hatirs of on-the-job tralning~ with «Compulsory theoretical Instructions which the apprentice shall undergo during his training; 5. Schedule of tho-work processes of the lradofoccupotion ’n which the apprentice shall be tained and the approximate tinre to be spent on the job in each process; 6. Gleduated scale of wages to be paid to the epprentice; ; 7, Probationary period of the apprentice during which either party may summarily terminate their agreement; and 8. A clause that if the employer is unable to fulfil his training obligation, he may transfer tha agreement, with the‘ consent of the apprentice, to any other employer who is willing torassunie such obligation (Sec. 18, Rule VitiBvok Il, Rules. Implementing the Labor Coie); ." Article ‘62! Signing . of Apprenticeship Agreement Who Sigr 1. Apprentice, if of -age,. otherwise, ‘by his arant or guardian,’or in the latter's absence, by an “authorized representative of the DOLE; and = 2, Employer» or his» duly representative, ‘uthorized Article 63: Venue of Apprenticeship Program 41. Within the sponsoring firm, establishment or . entity: OR a4 2. Within a DOLE training center or other be ‘public training institutions; OR “agg 3, Initia! training’ in tade fundamentals in 9 ey training center or other institutions with : subsequent actual work participation: within the sponsoring firm or entity during the final stage of taining: Article 64. Sponsoring of Apprenticeship he Programs : Apprenticeship Programs;can be undertaker : or sponsored by: eS 1. The plant, shop or prenises of the employer or firm concemed if!'the apprenticesnip : program is organized by an individual employer or firm, 2. The premises of one or several firme. dasignated for the purpose by the organizar of the program if ‘such organizer is an association of eniployers, civic group and the tke: and 3, DOLE Training Center or other public trainicg institutions wth which the TESDA has made approprine arrangements. (Sac 4, Rubs Vi, Book Ul, ules tmplementing the Labor Coda) 4 Article 65:67: Violation of Apprenticeship ‘Agreement Investigation of Vielation, of Apprenticeship Agroomenit (are Gs). Eithor petty toMen eg Sechatithay term he same. afer the prabationsty perio ra valid cause," oh may tbe: 3} hee sien est vw ad 8020 [2009 c*winaiszeD 8 Boca Say Heda College of Uw Exhauation of Administrative Remedies (Art. efficiency of pprentces are granted to the 87) person or enterprise’ organizing an 1, Tho exhaustion of administrative renvedies is apprenticeship program. é @ condition precedent 10 the institution of wy ction, Requisites (DNP) og 42 The plant apprenticeship committee shall 1. Apprenticeship program must be. duly Sighs have - inital” responsiblity for setting fecognized by the Department-of Labor; =: differences arising out of apprericeship 2. Deduction shall ot exoded 10% of direct ‘agreements (Sec. 320, Rule \', Hook " 7 labor wage; and Rules Implementing the: Labur Cet), % Employer must pay’ his. spprentices the! . minimum wages sn Article 68: Aptitude vests. e Article 72; Apprentices Without * An employer who has a recognized Compensation iyi Spprenticeshi> program shail provide Agprentices may be hired without. where oretie-iob trainingis! Note: However, if the employer does not 1. Required by the school." have adequate facilities, the DOLE may Required < by the,.'training » programs Provide the service free of charge. (Sec. 12, Curriculum: i aptitude tests to apiprentice-applicants, Rule Vi, Book 11, Rules: Implementing the 3, A requisite for gradualidn; of. « Labor Code) 4. A reauisite for boare examination, (Sec. 40, Rule Vi, 800k Wi, Rules Implementing the Article 69: Responsibility tar Theoretical Labor Coda) : Instruction Rules on Working Scholar * Related theoretical instructions to 1. There Is NO employer-erployee relationship apprentices may be undertaken by the ‘employer himself if he has adequate facilis between students on one hand, arid schools, Colleges or universities on the: other hand, and quaifiad instructors for the purpose. He shall indicate his intention to assume such fesponsibiliy in the eppronticeship standara Of his progam. (Sec. 27, Rela VI, Book Il, where there is agreement between them lundier which tha former agree to work for the fatter in exchange for the priviege to study fee of charge, provided the students are Rules Implementing the \.sbor Sode) given real opportuntiés, including suct. : faciities as. may be. réaspnable . ana Article 70: Voluntery Organization of necessary .{,-figish;..heir chosen courses Apprenticeshio Programs pecelgteh sare AY (SAau. 14, Rule x, Wy i fh iipiemendn i " General Rule: ‘The. “orgenization of Under this. Articlag sth 2pprenticeship prograsn: shail. be primarily a onetdereh af ome voluntary undertaking of empicyers, Exception: Instances when organization of program is compulsory: 2) When. national ““seourliy | or. particular Foquirements: of econiumis development > demand; and 1” 2.” Where services of forsigr: technicians are arti . ke utiized by private companies in ES ‘apprenticeablo trades. Loar ceQyBS in semi. skillet eat $uBKons which , Article 71: Deduetibilty of Training Costs are _redhgbpret may: 9¢ learned the Job in @ + An additional deduction from taxable income relatively Shp ich shall nat of 1/2 of the value of labor traning expenses exceed 3 months ye Ineurred for developing the productivity and : : = 20 ary" Gr 4a aa hagan Toda Colley jaw Leamership Agresmert + employment anc training contract entered Into between the employer and the learner. Note! On-the-job ot practical training of a lenrner need not be- supslemanted by thearatical Instruction (Sec. Af Rule Vi, Book I, Rules __Implamenting the Labor Code), article 74: ‘When Levers May be Hired +f) No experienced workers are avalabis ‘The . employinent’ of learners | being necessary to' prevent curtailment of employment opyortunitias; and 3. The efipioyment, will neither creute unfair ‘compeitinn ia tarris of labor costs nor impair working standards. Articia 76: Learnership Agroomen: It shaill include: 1, The names and acdresses of the employer tnd the leamer; 2. The occupation to be leained and the duration ofthe trating period which snall not exceed three (8) months 3. The'wage of leamer which shell be at leasi 75% of the applicable minimum wage, and “4. Acommitment to employ the ieamer, if he so. desires, as a regular employee upon. completion of training, Note: A learner who'has worked during the first ‘two months shall be deemed a regular ernployao If training is terminated by the employer before the end of the stipulatad perioa through iio fault ‘of the leamer: (Sec. 4. Rule Vil, Book Il, Rules Implomenting the Lator Cote). Atticie 76Leainers Ia Plecowork Learnbte ih plecevork of incentive-rate Jobs 216 to be paid In ful for the work cone ering the training period, MEMORY AID IN LABOR LAW! 21 | Not less eT ‘than 3 inonths practical months rani) training on the Job but not more thar 6 Practical training on the job suppiement « ed by related theoretical instruction’ Ea aE Worker is nt considered an employee ical OF Bt Pos pinnate : Practical training on {he job not to exceed 3 months Hing of personeas = | tralnges in sembakiiiad,| | fand otlier Industrial * ‘occupations which are ‘non-epprenticeable and which may be, \earned through ctleal training on Job in a relatively Shirt period of ime ‘With a commitment to ‘amploy the learner os regular employee if he desires upon ‘completion of fearnership Learner le considered regular employee after 2 months of training Dae2212009 CENTRALIZED BAR OPERATIONS Chaptor 3: Handieappod Workars: Article 78: Dofinition Handicapped Workers - those whose EARNING CAPACITY is impaires by age o” physical, or mental deficiency er injury, disease or illngss, Note; There, must be a link beween the deficlancy and the “work, which entitles the ‘employer to lessen the Worker's wage. If the aivabiliy of the person is not In any wey related to the Work for which he was. hired, he should nol be 80 considered as @ handicapped worker earning capacity is impaired by age or or mental doficiency or injury. restriction or ailfferent disabiltios, a u result of a montal, physival or sensory Inpaiment, to perform an activity in the manner of within the range considered ‘normal for a human being, L Articio 79: When Employable ‘1. Their employment is. necessary t0 provent curtailment of employaient opportundies, and 2. It dows not create unfair competition in labor costs oF impair or lower working standards. Handicapped Workors May bacumo Regular Emptoyoos + Subject to the provisions of the Code, handicapped workers may be hired as Tagular workers, apprentices or toainery IF thelr handicap is not such as to effectively impede the performance of fob operations in the particular eccupaticns for which they wera hited. (Sec. §, Rule Vil, Book I, Kules Iiiplementing the Labor Cade) + The noble objectives of the Magna Carta vor Disohled Persons are not based merely on charity oF acconimodation, but on justice and equal treatment of qualifed employers, disabled or not. After the disabled employees hed shown their fliness for the work assigned to them, they. should, be treated and orentec the same fights like. ary other regular» employess... (Bemardo . ¥, NLRC, GR No, 122917, uly 12, 1999) Equal Opportunity for Emproyment (Sec. 5, RA. 7277) + No,disubled person she be denied access to opportunities for suitable’ employment. Qualified disablad oniplyees shall be subjuct fo the saine terra and conditions of employment end the same compensasion, piviloges, benefits, .,tringe benefits, incentives or ollowancur as a qualified abia- bodied pereon. Sheltarad Employment (See, 6, RA. 7277) + The Slate shali «provide sheltered ‘amployinent If suitable ampioyment cannot be found: Duration of Employment : + No minum, no inaximum duration. Depenclent on agreemeat but It Is necessary that there Is a specific divation, tucamtves for Employimart (S00. 8, RA torn 1 Private entities that employ disabled persons Pho mest tre equted cis or qvaliieaons “ibor Se gular emnoyee, apprentice or toner shal ke enttes 1 air additonal Sein tom thet" grees Inco, Slot to 25% of te total amount pal pees 20g-wagp \2.cisebled persons, Proved ital ra core ye, rove anatase: ane bios 2 Presentalion-at proof certified ty BLE 5) nat eehiog Dasons i902 4 winaloy, and *s eh spr tjas,. to ammsdatig Sb bo caniltledy mune a of: Ris, ywect aber of) ts oF avrlgatpns Latys-Cogaator apply to irene reaurog MPR PB. 244 OPPS ca) San Wedg College of LawHan eds Colleye of rw ——————— Article 80: Employment Agreement Contents 4. The names and addrosses of tha employer and the handicayped worker: 2. The rate of pay of the handicapped worker which shall not be less than 75% of the logal ihimum wage; 3. The nature of work to be performed by the handicapped worker; and 4. The duration of the employment. (Sec. 3, Rule Vill, Book il, Rules Implementing the Labor Code) Article Eligibility for Apprenticeship + Handitapped workers are elite tor emplajment. as -apprentios or. 'Gemners thaw handicap ig such that i coos not impede the perfotmance of Job operations in the particuer taco or occipation ‘ihc if the subject of * the apprenticeship or leamership program. Ding Meu uon r a ee aul uae te Benafits Granted in ‘File One Book Ih 4. Right to regular working houre 2. Right to regular working days 3. Right to overtime work 4. Right to regular maa! periods 5. Right to night-shif differential pay 8. Right to weekly rest periods 7. -Right to additional compansation on scheduled rest day, Sunday or special holiday work a 8. Right 18:compensation for hcliday work 8. Right t§-service Incentive leave 10, Right (8 @ share In the collected service charges E...loyer - one who employs the services of others or who acts for and in hehalf of an ‘employer; one for whom employees vork and ‘who pays their Wages or selerios. Employee’ one who works for an employer for a fee; 8 person working for salary or wages, Note: Not lintitéd to the employees of a particular employer. it shall include any individual whose work has ceased as a result of ‘rin connecticn with any current labor dispute or MEMORY AID IN LABOR LAW! 23 because of unfar labor practice if he has not obtained any other: 4. Substantially aquivaiont; and 2. Regular amployment. TITLE ONE: WORKING CONDITIONS AND REST PERIODS ‘Chapter 1: Hours of Work Article 82: Coverage General Rule: Tite |, Bvok Ill of the Labor ode - dealing with hours of work, weekly rest periods, holidays, service Incentive leaves and service charges, - covers all preloyecs io ALL establishments, whether for profit or not. Exceptions; (GoMaFIFdBoR) 4 Govern nt employecs: 2. Manage‘ empioyece including members ofthe managoral sta, Field personnes Members of tha Eamly of the employer who ate dependent anh for support Domestic hoipars or parsons inthe personal service of anatter ne Workers pid by Result Goverment Employeos @) Refer only 0 employees of government agencios, nstrumentalties, or political subdivisions aiid of government corporations that are NOT incorporated Under the Corporation Code, Ze. those which have orlaing| charters, ») Nuteevarde tg toceuse the tejfis Bnd'cendit 'itielt employment ae govartad ny yh SeW's0 Lun and ragulatls int Ue eHagertal Employeous. Fenlerete o N ‘ bi "ae a stata to the ming and as to the promoffen ot any her charge of status2412009 CENTRALIZED BAR APERATIONS of other employes ure given particular Weight. (Sec.2{b), Ruta 1, Book ill, Rules linplamenting the Labor Code’ b) Not covered under this’ Tilo because they are employed by reason of their special training, “experience. or knowledge; value of their wark canniot be measured in terms of hours. mee ei aa, Usa only for Used only for purposes Purposes of Book | of Book V (i.e. forming (a. working "| and jo ning unions, conditions, rast | certificatian olections, poriods, collective baryoining) antitlanrant to benofi ‘One whose: ‘One wiro is vested wit primary duty Powers oF prerugatives congists of the to lay Gown and) management of | execute management the establishment | policies andior te hire, in which they are | transfer, suspend, lay- employed or of a | off, recall, discharge, lopartment or | assign or discipline subdivision thereot | amployeas | and to other momboru of the | vanegeri! stat Supervisors are downed members. | mambers of the of the managerial | manayenal stalt statf (National Sugar Rofineries Com. v. NLRC, | Maret 24, 1993) 7 Elomonts to be Considered @ Member of the Managerial Staff (PGREED) 1. That his primary duty consists of the nerformance of wark dwectly related .9 Management policies; 2, That “he gustomarily “and reguiarly ‘exorcises. discration. ord independent judgment in the portormence of his tunctions 3. That he seguiarly and directiy assists in the management of the establishirent 4, That he execute, under general supervision, work along specialized or technical tines requiring spacial telaing ‘oxperionce 0: knowledge; —____ wa San eda College of Law et 8. That he gxocue, under general surervision, “specia! acsignments ond tsk; and 6. That he does not davote more than 20% ©; his time to werk other than those described abave ‘See. 2), Rulo I, Book Wl, tinplomeming Rulos cf the Labor Cody) Nowe: An employee whose job is to supervise the 'aborere in the construction project fa'ls squarely urder the category of “officers or members o* a managerial stal™ end is exempted froin payment of overtime ay, premium pay for holidays’ 8nd est days anc: service incentive leaye pay, (Salezer v. * NLRU, GR No, 109210, Api 17, 1996) Test of Suporvisory or Managerial Status «Depends on whather a parson possesses authority that is not merely foulinary of lence: in neture but one thot requires USE GF INDEPENDENT JUDGMENT (Villug v: NLRC, GF No. 78028, August 23, 1593) Field Porsonnel Non-agricultural employes: a. Who regularly perform thele duties away o.n the principal piece of business or branch office of the employer; and Whose actual hours of work 1 the figid cannot be determined with reusonapie certainty. (See. 27, ‘Rule ti, Book Hi Bulos Implementing she Labor Code) Nets Gh aban aw nas no pplication to the! olisiga’jservice force 2" Feld sales pragma ain cant © Qverla compensate dRico thelr emipiojer hab’ n>. ts 0 tis aombeaf;pouraen A, (her Shiguol pBtete ly ai 0 SHENG. D1 i " gt Am mic. ease of Fisharmen icttercicar lash 5. SAREE 12574, cla mnathiey not field AURA one + cular % Wore} | conveyarida . Provided Hy the ‘employer, 3. travel is done under the ‘supervision and ‘control of the ‘employer; and 4: travel is done under vexing and dangerous circumstance. E.. Power Ir tions it 0 minute le componsabie 2. ‘Succeeding minutes not comper sable, 3. M despite the lepse oj the 1 20 minutes, ine employees are required to stay in. thelr workplaces, such time is compensable F. Semestral broak of Teachers + Compentable hours worked for. It is a form of Interruption beyond thelr control, ‘ + Only for regular full-time teachers (nl. of Pengasinan Faculty Union v, Univ. of Pangasinan, GR No. 63122, February 20, 1984), G. Lectures, Meetings, Trainings, Prograins ‘Not counted as working time if all’ the following conditions are mat, 1. Attendance is outside of the employee's Togular working houre; Attendance is'in fact voluntary; and J. Employee dc not perform any productive Werk doting such atiefidence. (Sec. 6, Rule ane : staid « MEMORY AID IN LABOR LAW] 29 re nen eens MEMORY AID IN LABOR LAW] 29° J, Book ill, Rus Implementing the Labor Code) 4H, Attendance In Labor Relations Activities 1. CBA” Nogotistons. (=. generally, net compensable, EXCEPT it ; 8. There "is an agreement for componsebiity in the parties’ Ground. Rules, : d. There ig en established practice or Policy allowng compensabilty: and» When It'ls done during regular work hours. : 2, Grievance Meeting” = generally, compensable, except when there I @ CBA, policy or practles to thaypontrary, 3. Hearing, Arbitration, “{Conclllation - not compensable, ai 4. Strices - not compensable, axcept if there is an agreement to allow “Strike duration pay.* Non-compensabilly is more compelling in case of illegal strike, 1, Work Hours of Seamer Presence on board for more than 8-hours a day i requlred by the nature of thelr service, Article 85: Me! Periods Rules on Meal >criods : 1. Should 231 be loss then sixty'(80) minutes. It 's non-compersable except: Where during ths so-called moa! period, the laborers are Fequired to standby for emergency work, or orked ) ./an, bys stem “V2 © urgent work to ‘on machineries, 6 Nhetalistions to avoid serious loss which the employer would otherwise suffer;30 {2009 CENTRALIZED BAR OPERATIONS: d, Where. tha work is necossary to prevent serious loss of parishable goods (Sec. 7, Rule 1, Book in uf ty Rules Implamenting the L aber Code) 3, IH osp than twenty (20) minutes, it becomes, only a rast period and is this considered as ‘ork time, Note: Meal periods during overtime work is aot given to workers performing ovarime for the Teason that OT work 's usually for a short period ranging ffom one to three hours arid to deduct, from the same one full how as mea period: would reduce to nothing the empioyve's OT work Shortened Meal Rraak Upan Employees Raquest Eiployees may request that theit meal period be shortened so the! they can wave work earlier than the previously established schedule, Such shortened mealtime is rot compensable Roquisite: iployees voluntarily agree in writing and waive the overtime pay; 2. No diminution in the salary and other fringe berefits of the employees already existing; 3. Work is not physically strenuous and they are provided with adequate cotfee breaks in the morning and afternoon; 4. Value of beneiits is equal to the compensation due them, 5. Overtime pay will become due and sluandable if ever they ave permitted or mado to work beyond 4:39 pm: and 6, The arrangement ig of temporary duration, Note: The eight-hour work, period does not include the meal break. Nowhere in the law may it be Inierred that eniployaes must tal,2 their ‘mouis within the company promises. :mployeus ‘ra not prohibited from going out of ths premises, fay long as they retum to. thelr poste on: time (Philippine Airlines, Ine. v: NLRC, GR No 132608, Februery 2, 1995), : Article 86: Night Shift Differential Concept of NSO 7 + Additional componsation of dt |: 10% of an employee's regular wage for ‘every Nour of work dona betivoon 19-00 Pa and 6:00 AM, whather or not such period is ‘part of the worker's regular shift 30 San Beda College of Lary Note: In uddition te the nxeiptions provider Aft. 82, NED des not apply to employeas ot retail and service eulehliviments regularly employing not more than 6 warkers. (Soo. 1fo), Rule i, Bo0'c MN, Rules Implernenting the Labor Pod} Note: If.work done betweur +o PM and 6 AM is evartins work, then the 10% night shift ilferentiat shoud he basw’ on the overtime Rationalo NSO pay Is given cs a prambin for working at a time when tie employee is supoosed to sleop and resi il, uccordanca with the-jaw of nature NSD Nox Walvablo Additional compensation lor nightume work is founded on public policy (Mercury, Drug ¥. Dayao. GR No. |.-30482, September 30, 1982). NSD is not weivable except for higher and biggar beneiits, Sample tlus:rations 4. Without Overtime {(-0% * regular wage per hour: x no. of hours of woris performed between 10 pm—6 am} re Ext pm—z00am_| Stop 1: Get hourly wage rat. Day Wage evidet fy numberof hous worked og eagoa ene eet Step 2: Gampb A ying cic? > Oa aed 8 his UO ERS OR SS Sing vreaiSh CHF t.8Mz pt alg rame sie [ho ‘ - ae bi paler _| oe [‘Spm--i0pm Nowra) _ Opm=Bam (4 roofSan Beda College «| Law 2. With Overtime ((10% of OT wage per tour) * no, of hours of Work performed between, 10 pm—6 am] [sai wage 7 Work Schedule: 6:50 am—5 00 pri ‘Overtime 6:00 pm—12:00 nin ‘Stop 1: Get houtly wage rate, Dally Wage divided by number of hours woiked 29. 800 +8 hre, = 2100 Step 2: Compute wage between 8:00 am-5:00 bm. eg, Bhrs, x R100 = R800 Step 3: Compute OT. Premium Pay betwoon 5:00 pm—12:00 mn. (28% * Wage per hour) +Wage per hour! « no. of OT hours} e.g : (25% x F100) + R100 xno. of OF hours (G pitta rany | Step 4: Compute NSD. [10% of OT wage per iiour) * no ot hours of ‘wors performed betweer: 10 pm-6 am] 2.9, (10% * R125) x 2 hrs, = B24 Computation: 8am—-5pm (8 hours) Sprtan Seat eur | xe 125=| a7 * P1250 NSD Pay (2 hours) | +H26 Yolal wage earea| i765) * f Shift Differential va, Overtime Pay COVERT Payment far work. done duringithe ‘excess of the regular night (10:09, pm— B-hour work | 8:00 am) Oe 10% of basic wage | 26% or 30% of basic : wage Note: The recelpt':of overtime pay will. not Praclude payment of night ehif ditferontial pay (NARIC V. NARIC' Workers Union, CR No. l- 12075, May 29, 1950). Articio 86: Overtime Work, Overtime Pay - additional compensation for work performed beyond eight (8) hours within MEMORY AID IN LABOR LAWN] 3: the worker's 24-rour workday regardless whether the wun covers 2 calendar days, Rationale Tha employee is given OT pay because he is made (o work ionger than what Is commensurate ‘n his agreed conpensation for the statutorily ixed or voluntarit’ agraad hours of labor he Is ‘Supposed to do (FNB v PEMA, GR No. L- 30279, July 30, 1982), Busis for Computetion of Overtime Pay +. Regular Basic Wayo! Includes cash wage Only ‘without any deduction on account of facilities provided by th employer (Art. 90, LC) + Rates " A. Overtime Work on Regular Work Day Tho employee is paid for the overtime work Cn additional compensation equivalent to his regular wage plus at least 26% thereof. B. Overtime Work on Hollday or Rest Day Overtime work performed on a holiday of fest day shall _be paid an additional Compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 30% thoreof, Conditions to bo Entitled to Overtime Pay 4, Entibement to overtime pay must first be established by sulficiant proof, 2. Said overtin was, sctuslly performed (Cagamban sat \PRNos, 8512-24, March:28; 1994). ian aT32 |2009 CENTRALIZED BAR OPERATIONS Overtime Pay Integrated In the Busie Salary ("Built i" Ovortime Pay) ‘The etipulation between employer and employee that ‘ho latter's regular or basic salary already Includes the overtime pay’ is not par se illegal This ‘s als called composite of package pay or alkinclusive salary. Requisitos . 1. Clear writen agreement knowingly and {realy entered into by employee; and . Mathematical result shows thal agreed legal wage rate and the overtime pay, computed separately, are equal to or higher than the separate émounts legally due, Walvar of Overtime Pay General Ruta: Overtime pay cannot Lo waived extessly or impliedly. Any contrary stipulation is ‘ull and Void, as its intended to benefit iaborers and employees, Exceptions: 1, When the waiver is made in consideration of benefits and privileges which may be more than what will accrue to tham in overtine Pay; and 2, Coinpressed work wook. Note: Employees whose. positicns are reclassified from rank-and-file to supervisory lose overtine pay and other benefits undar Arts 82-96, Promotion produces tha same effect. But the promotion and position reclassification must be done In good falth. The personne! movernant should not be Intended to circumvent the law to deprive employees of the benefits they used to fecaive (Productivity Incentives Avt of 1990, RA. 6971), Quitcla'm tn Rolatiowto Overtime jay & quitclaim whereby laborers agree to forego their benefits due from their amployar is NULL. AND VOID In its. sntirety since It iune counter with Article 22 of the Civil Code which provides ‘egainst unjust enrichment and 1s contrary to public policy. (Pampanga Suger Dovolopment Co Inc. CIR. GR Na 1.99387, June 20, 1982) >. Holiday vy! sy San Bedu College of Law Sample ilustrations ‘A. Regular Workdays Regular basic wage + 26% of regular basis wage} age 306, Work Schedule 8.0 am—5:00 pm (irslusive of t hour ‘meal brea) TOR, Biigm=70:00 pm Stop 7: Got haury wage rato, Dally Basic Wage divided fy number of hours worked 9. R800+8hvs.=6 1) Stop 2: Compute wage betwen 8:00 am—5:00 in, 2.9. | Bhrs. xR 106 = ABCD step 3: Compute OT Premium Pay batween 5:00 pm—10.00 pm. {125% * Wage por hour) + Wage per hour] x no. of OT hours} e.g, [aT Roo [135° [ite Sf OT hours prim) “Teh, 62 Computation dam--Gor (@ hours) xe TOO=] 800 Spm 10pm & Reassale hous 126 = [+2625] Tauat wage seme PLB 8. Lagal or Regula Heuer hollday rate end 4 }0%)} es ue Step 3. Cams of OF hours ¢.g. OT Plemium Pay between» Han Meda College of Law pees MEMORY AID IN LABOR LAW] 33. EMORY AIDINEABOR LAW] 33 , Rost Days or Sprclal Holidays [Rest day or special holiday wage vate + 30% of Feet day or special holiday wage rate (136%)} Dally Wage: J 800 sai Work Schedule; ~|—8:00 am - 600 pm i (inclusive of 1 rour % ‘meal break) or Jane 34 »-{) (QC. day specie! holiday) 5:00 pm - 10:00 pm [30% * R00) + ES 0 Dally Wage: 800 xno. oF OT hours (6 on-—10 pm) [x Bre Work Schedtie 800 am - 600 pit C eee (inclusive of 1 hour ae asi ‘meal break) Computation: ine XR (Araw ng Caloocan « Semr—pm (8 hours) 1 P1600 special holiday Spm—topm FRO a a0 coiticiding w! houra) =| *Fls empioyeo's Zoielwage earned | PZ805 | scheduled rest day). 5:00 pm 10:00 pm Stop ¥: Get hourly wage tate. Daily Basic Wage divided by number of hours worked miuttiolied by reat day & special holiday wage rate, 4 eg. (P8008 hrs.)% 160% = R10 Slep 2: Compute wage’ between 8:00 am~6:00 pn: using special holday;ivage rate. 2g. Bhis, x8 180 =H 1,200 Stup &: Compute OT Premium’ Pay between 5:00 pm—10:00 pm, {(30% x HWage par hour) + HWage per hour) x no. oF OF hours : Sigp 7; Gat hourly wage rate. Daily Basic Wage divided by number of hours Worked multiplied by special holiday wage rate, 1 (PBCO +8 hire.) * 130% = R130 Step 2.Conipute wage betiveen 8:00 am-~6:00 pm using special hotlday.wage rate. eg. Bhrs. xR 190=P 1.040 Step 3 Compute O7 Preinium Pay between 5:00'pm— 10:00 pm. [30% * HWage per hour) + HWaga per hour} x Ro, of OT hours.e.g. [Boe eR sos F730 xno. of OL = houre ERD talon: . oH ‘Sam—Spm (8 hours). i ee ‘Spm—fOpm (5 * R169 hows = Total wigs earned |e D, Scheduled Rest Day whieh is Also.a Holiday : [Rest day & special holiday wage rate + 30% of rest day & special holidey wage rate (150%) (GO% XR 10) +8 180 186] xno of OT hours (6 pm—10 pm) | wB hire. 976 Le Computation: Sem—Spm (8 hours) ‘Spm—TOpm (534 |2009 CENTRALIZED BAR OPERATIONS tne eD BAR OPERAT Step 1: Get hourly wage rate Dally Basle Wage divided by number of hours worked multiplied by rest day & legal holiday wage rate, 29 (R800 + Bhs.) x 260% = R260 Stop % Compuce wage between 6:10 am—5:90 pimusing holiday wage rate." eg Bhrs.* A260 42,080 Step & Compute OT Premium Fay vetween 5:00 pm—10:00 pm. [(80% * HWage per No. of OT hours eg, (30% *R 260) + B60 a 338, xno. of ST nours (6 pri=-70 pry | Ss tees a EET: Computation, i Computation: 3 Bam—Spm (8 hours) hour) + Wage por hour) x total wage earned F. Dowbio Holiday [Double holiday wage rate + 30% of Double holiday wage rate (360%)] ae 8 00 am - 5:00 pm (inclusive of 1 hour ‘mizil bieak) Apri | (Araw ng Kagtingan | Sat ‘he same tme Good Friday) 5:00 pm - 10:00 pm so aly Wage Work Scheduta Sup 1. Gat hourly waye rate, Daily Basic Wage divided by number of hours Worked multipled by rest day & legal noliday wage rate. ey. (P00 +6 hrs.) 300% = P'g00 Slop 2: Compute wage between &:00am—$:00 Pm using special hotday wage rate, 2g. Abts, x B30 P2400 Stop 3 Compute OT Premiim Pay Letween 5:00 pm=-10:00 pm, {(80% x HWage par hour) + HWage per hour} « 0. of OT hours. eg. a 194 Sh +B 300) + P00 0. of OT hours pao art “sf San eda College of Law BTS] Computation: Bami—Spni (8 hours) | ~ P3001 Ao Ao9 | ‘Spm— Opin (6 50 hours) R390 Ta 1.960 Ra350 “otal wag earned Article 88: Undertime No! Offset by Overtime * Offsetting of ‘undertine work by overtime: ork wnetrer on the same or any other day Is prohibited by law. ft i + Permission von to the emayee to go on teava on some other cay of the week shal not extinpt the mpleyer Hamm paying toe ‘dutional compensation Ravionate The vndertime’ hours “represent only the Employee's hourly cate of pay walle the overtime ours refluct both the employee's haurly rate of Pay and the appropriate overtime premium such thet. nat being Gf equal value, offsetting the undertine hours againet che overtime. nours Would result in undue deprivation of tne employee's evartine premium (NWSA v. NSA Conswlisited Unions, GR Nos. L-26894—96, Februar, 28, 1969) Artichs 69: Surorgency Overtime Work Genera! Reto: fo rcnuer ove Emoioyees cannot be compelled Wun@ work agaist their will Nees eae or. ani natiénal or Exceptions,’ i 2 In cimes ‘of, war or Jigoat lene aoney deciaiédiby te Congress Gilthe Shies txeputiver. ig occ ne WEE UD pry wont loss at dinar to lite | emeqnonclge na toimo Ven} the gayi Lark a ait len} work isi nay tenable do ‘ 4 Sf pgresenve ignite 9. Nagebreyesin iB g, voaicuctlonedfprejudice gine ; ‘ofthe 6 Dt 18; BBag odio” AREF tavoratio waalhgh or ‘siidfonmemial (ANMiffons where perky digg oF quailty of hitiets dependent mneresenitde. 70.5 ook il, Ruios Bete sda) Implemebtihg oeSan Beda College of Law ee ‘Articio 90: Compensation Computation of . Additional Regular Wage shall include cash wage only, without. deduction ori. account of facilis provided by the employer, for purnoses uf computing OT . and ‘other additional remuneiations in Chapter l Chaptor 2: Weekly Rest Perlod Articlé 01: Right io @ Weekly Rast Day Duration: NOT. lets thar’ twenty four (24) consesitive hours after every six. (6) onsegytve cal work daya i Note! is @stablichivents’dnd enterprises may ‘operaté'or, open for businss on Sundays and holidays provided’ that the employees are given the weekly rast cay and the benefits provided under the lew (Sec. 2, Rule Ill, Book i, IRR of Lo). : Who Cotormines: ‘The “employer determines and schedules’ the weakly rest period subject to the fallow'ng: 1. Coliective bargaining agreement; 2. Rules and regulations Secretary of Labor; and 3. Employee's preference based on religious grounds, Issued by the Note" When such preference will prejudice the business operations of the employer and no other remedial muasures arc available, tha weekly rest period may be scheduled to meet the employee's: choice for at least two days 4 month (Bac, 4, Rulo Il, Book ll, i?F8 of LC), Article 82: When Employer May Requito Work of Rest Dey Generel Rule: The sinployer niey not require tha employers to work on 9 rest day. Exeeptioner(UPANAC) 4, In cases of. Urgent work 19 be perfonned on the machinery, equipment. or Installation: 2. "To Brevent lose or damage to perishable goody eens 3. In-¢ase of Actual or Impending emergencies éaused by force majéure to prevent loss of Ife and property, of imminent danger to public safety; MEMORY AID IN LABOR LAW] 35 4. Where the’ Nature of the work requires continuous operations and the stoppage of work may result In ineparable injury or lo tothe employer; 5. In the event Of Abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; and 6. Under other Gircumstantes analogous to the foregoing us determined by the Sacretary of Labor Note: The failure to Work during an employee's. rest day'does' nat justly the disci inary ennction of outright cismissai:figm empoyment as such Ia so severe a consétiuence, more- 30 when justiiable. grounds Bist for the “said failure. (Remerco Garmentsfenufacturing v. Ministor of Labor: & Employment, GR No. L-86176-77, February 27, 1965) + When an empicyee volunteers to work on his rest day under other circumstances, he may be alowed to do 80, provided’ he expresses such desire in writing and he Ie paid the adcitional compensation for working (on his rest day. Article 93: Compensation for Rest Day, ‘Sunday, or Holfday Work Premium Pay Or Differential Compensation - additional compensation for work rendered by the employee 0 days when normally he should not be working such as special holidays and weekly rest day 536 12009 CENTRALIZED BAR OPERATIONS + Excess of 8 his» Plus 20% of hourly rate on said day 2 For declared SPECIAL DAYS such as Special NonWorking Eay, Spacial Pubile Holiday, ‘Special National Holiday, and nationwide Special days, the following rules shall apply: 3. I unwoiked = No pay, unless there Is @ favorable company pxticy, practice or collective bargaining ayreemont (CBA grenting payment of wages on spacial days even irunworked », tt workec 11818 hr, - Plus 30% of tha daly rate of 100% 4 Excess of hrs. ~ Plus 20% of houry rate on stid day ©. Falling on tre employen's rast day and it worked |. tet 8 hrs. - Plus 60% of the cally rate of 100% | Excess of 8 hrs. - Plus 30% of hourly pate on said day 9. For those declared as SPECIAL WORKING HOLIDAYS, the following rulos shall apply: + For work performed, an employee is vnuitled only to his basic rate. No premium pay is required since work performed on said days is considered ‘work on ordinary working days. List of Special Days A. Nationat 4. All Saint’s Day «November 1 2, Last Day of the Year - December 31 3, Ninoy “Aquino “Cay - Monday nearest August 1 (R.A; 9492, July 26, 2607) 4. Othar days dectared by law 8B. Local Those declered by law or ardinanes (ut. Makati Pay (or Makati City only) Note: in the event the holiday falls on a ‘Weanosday, tne noliday will be ooserved on the Monday of tha week, If the holiday ‘ells on a Sunday, the holiday will be obsernal on the Monday that follows (R.A, 9492). ae Bin Hedn College of Vars Comparsable even if unworked subject ' to certain conditions enunsorated Labor Code Fegular tate if worked Day days and nv soecific rast days Not compensable it un worked Wei BeclusWve sinew a law of ordinance may provide for other speciat holidays | Rais is 130% of he cagular wage if worked Rato of Artaltional Compensatian for Work Sunday of Holic 30% of regular wage 30% of regular wage fo" work porformed ‘or Sundays ard Work on Sunday when it's his [established rest day ‘Work on spectal | Sais orragaarwaas | helduys holiday faling on | schedi’ed rest da [Work on regular holiday tailing on sch haptor ai a Incontiy N08 ald Service. cgige we i 18 Hotay Pay. yy) rng Gig Bly bey tp cane aah Uap yA to an one BS fe doe tee Rapumouar bole dks isiglgen QdAcgular alsbAebilep legal, hl ra wa. The combo lt a ity ade witnout Pa va on ¥ 9 regular non oe ’ Noten fag AS ns eprovided in Ae Cal ny oop SUE sh “miplover fabishmeris [233% of regular | wage 30% otragaar was