What is Battered Woman Syndrome?

It is a scientifically defined pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse. (Section 3, (b), RA 9262, Anti-Violence Against Women
and Children Act)

Who is entitled to the 10-day VAWC Leave?

Victims of VAWC shall be entitled to take a paid leave of absence up to ten (10) days in addition to
other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the Commented [AMSN1]: Rephrase answer. Unresponsive
necessity arises as specified in the protection order. (Sec. 43, RA No. 9262) to the question. Better if "The 10-day VAWC leave is the
leave availed of by..."

How is sexual harassment committed in the workplace?

According to Republic Act No. 7877, sexual harassment is committed in a work-related or employment
environment when:

a. The sexual favor is made as a condition in the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said individual favorable compensation,
terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect said employee;
b. The above acts would impair the employee's rights or privileges under existing labor laws; or
c. The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(Sec. 3 (a), Republic Act No. 7877)

Note: RA 11313 or Safe Spaces Act (signed April 17, 2019) now expanded the concept to include
gender-based sexual harassment in the workplace, and no longer requires moral ascendancy as
an element.

Can a Kasambahay be borrowed from the employer to perform a task for the benefit of another’s
household?

Yes. The domestic worker and the employer may mutually agree for the former to temporarily perform
a task that is outside the latter’s household for the benefit of another household for a period of not
exceeding thirty (30) days per assignment. However, any liability that will be incurred by the domestic
worker on account of such arrangement shall be borne by the original employer. In addition, such work
performed outside the household shall entitle the domestic worker to an additional payment of not less
than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer
to charge any amount from the said household where the service of the domestic worker was
temporarily performed. (Sec. 1, Rule V, IRR of R.A. 10361)

Who shall be liable for any non-payment of wages during temporary assignment of a Kasambahay
in another household?

The other household where the Kasambahay is temporarily assigned is solidarily liable with the original
employer for any non-payment of wages during temporary assignment .(Sec. 1, Rule V, IRR of R.A. 10361)

What are the classifications of foreign nationals that are excluded from securing an Alien
Employment Permit before working in the Philippines?

1. Members of the governing board with voting rights only and do not intervene in the management
of the corporation or In the day to day interpretation of the enterprise;
2. President and Treasurer, who are part owner of the company;
3. Those providing consultancy services who do not have employers in the Philippines;
 4. Intra corporate transferee who is a manager, executive, or specialist as defined below in
accordance with Trade Agreements and an employee of the foreign service supplier for at least
one (1) year continuous employment prior to development to branch, subsidiary, affiliate or
representative office in the Philippines.
a. An Executive: a natural person within the organization who primarily directs the
management of the organization and exercises wide latitude in decision making and
receives only general supervision or direction from higher level executives, the board of
directors, or stockholders of the business; an executive would not directly perform tasks
related to the actual provision of the service or services of the organization;
b. A Manager: a natural person within the organization who primarily directs the organization
/ department / subdivision and exercises supervisory and control functions over th e
supervisory, managerial, or professional staff; does not include first line supervisors unless
employees are supervised are professionals; does not include employees who primarily
perform tasks necessary for the provision of the services; or
c. A Specialist: a natural person within the organization who possesses knowledge at an
advanced level of expertise essential to the establishment/provision of the service and/or
possesses proprietary knowledge of the organization’s service, research equipment,
techniques or management; may include, but is not limited to, members of a licensed
profession.

All other intra-corporate transferees not within these transferees as defined above are required
to secure an AEP prior to their employment in the Philippines.

5. Contractual service supplier who is a manager, executive or specialist and employee of a foreign
service supplier which has no commercial presence in the Philippines:
a. Who enters the Philippines temporarily to supply a service pursuant to a contract between
his/her employer and a service consumer in the Philippines;
b. Must possess the appropriate educational and professional qualifications; and
c. Must be employed by the foreign service supplier for at least one year prior to the supply
of service in the Philippines
6. Representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning
Agency (OLMA) in accordance with the POEA law, rules and regulations. (Section 3, Department
Order No. 186, Series of 2017, Revised Rules for the Issuance of Employment Permits to Foreign
Nationals)

What are the classifications of foreign nationals who are exempted from securing an employment
permit?

1. All members of the diplomatic service and foreign government officials accredited by and with
reciprocity arrangement with the Philippine government;
2. Officers and staff of international organizations of which the Philippine government is a member,
and their legitimate spouses desiring to work in the Philippines;
3. Owners and representatives of foreign principals whose companies are accredited by the Philippine
Overseas Employment Administration (POEA), who come to the Philippines for a limited period
and solely for the purpose of interviewing Filipino applicants for employment abroad;
4. Foreign nationals who come to the Philippines to teach, present and/ or conduct research studies
in universities and colleges as visiting, exchange or adjunct professors under formal agreements
between the universities or colleges in the Philippines and foreign universities or colleges; or
between the Philippine government and foreign government: provided that the exemption is on a
reciprocal basis;
5. Permanent resident foreign nationals and probationary or temporary resident visa holders under
Section 13 (a-f) of the Philippine Immigration Act of 1940 and Section 3 of Alien Social Integration
Act of 1995 (RA 7917);
6. Refugees and Stateless Persons recognized by DOJ pursuant tot Article 17 of the UN Convention
and Protocol relating to status of Refugees and Stateless Persons; and
 7. All foreign nationals granted exemption by law. (Section 3, Department Order No. 186, Series of 2017,
Revised Rules for the Issuance of Employment Permits to Foreign Nationals)

Is the principle of “No Work, No Pay” applicable in the case of full-time teachers, professors, or
instructors during semestral breaks?

No. These semestral breaks are in the nature of work interruptions beyond the employees’ control. The
duration of the semestral break varies from year to year dependent on a variety of circumstances affecting
at times only the private respondent but at other times all educational institutions in the country. As such,
these breaks cannot be considered as absences within the meaning of the law for which deductions may
be made from monthly allowances. (University of Pangasinan Faculty Union vs. University of Pangasinan and
NLRC, G.R. No. L-63122, February 20, 1984)