- EMPLOYMENT OF NURSING EMPLOYEES - ….

 What are other things that employer must provide to nursing

employees?
 Who is a nursing employee? - COMPENSABLE break Intervals of not less than 40 minutes
- any female worker, regardless of employment status, who for breastfeeding or milk expressing.
is breastfeeding her infant and/or young child.
 Can your employer force you to work during your break interval?
 What is a young child? - NO! If he does, it will be considered as overtime. (Sec 13)
- a child from the age of twelve (12) months and one (1) day - So even if your child comes to you because he wants to
up to thirty-six (36) months. breastfeed then you can ask your employer to take your
- break and breastfeed the child.
 What is an infant?
- a child within zero (0) to twelve (12) months of age. - EMPLOYMENT OF NIGHT WORKERS - ….

 What is the obligation of the employer to a nursing employee? In the Labor Code, there were provisions for night workers.
- To provide lactation station. NOTE: THEY WERE EXEPRESSLY REPEALED BY RA 10151

 What are Lactation Stations? Articles 130 – 131 prohibited employers to let WOMEN work at night.
- "RA 10028 Sec. 3p) Lactation stations - private, clean, The Noble purpose of which was to safeguard the health and safety of
sanitary, and well-ventilated rooms or areas in the women. These were however repealed pursuant to an international
workplace or public places where nursing mothers can convention. Moreover, the repealing law was made to give rights and
wash up, breastfeed or express their milk comfortably opportunities for women and to eliminate discrimination.
and store this afterward.
 What is the Convention?
 Whenever there is an employer has nursing employees, does it mean - The International Convention on the Elimination of all forms
the employer needs to provide them with lactation station? of Discrimination Against Women
- YES
 Can employer apply for exemption? IRR of RA 10151
- YES.  Who is a Night Worker?
 Where? - Employed person [includes men and women] whose work
- DOH covers the period from 10 o’clock in the evening to 6
 What to take into account: o’clock the following morning provide that the worker
- The number of nursing employees performs no less than 7 consecutive hours of work (Sec. 2)
- The practicability of providing lactation  2 ELEMENTS
- The nature of the place/ business  Suffered from 10pm – 6am
 Worked no less than 7 CONSECUTIVE hour
 If employer does not provide lactation station, what is the liability? 
 This law covers ALL establishments – whether for profit or not
Sec. 21. Sanctions. - Any private non-health facility, establishment and  EXCEPT: (Sec. 1)
institution which unjustifiably refuses or fails to comply with Sections 6 o Agricultural
and 7 of this Act shall be imposed a fine of not less than Fifty thousand o Stock raising
pesos (Php50,000.00) but not more than Two hundred thousand pesos o Fishing
(Php200,000.00) on the first offense. o Maritime Transport
o Inland Navigation
"On the second offense, a fine of not less than Two hundred thousand
pesos (Php200,000.00) but not more than Five hundred thousand  What is the obligation of employer to the night worker?
pesos (Php500,000.00). 1. SEC 3. HEALTH ASSESSMENT
 UPON REQUEST OF THE EMPLOYEE
o Advice on how to reduce or avoid health problems –
"On the third offense, a fine of not less than Five hundred thousand
for FREE “without charge” – via COMPETENT
pesos (Php500,000.00) but not more than One million pesos
PHYSICIANS
(Php1,000,000.00) and the cancellation or revocation of the business
 Before taking up an assignment as a night
permits or licenses to operate.
worker
 At regular intervals during such an
"In all cases, the fine imposed should take into consideration, among assignment
others, number of women employees, physical size of the  If they experience health problems during
establishment, and the average number of women who visit. such an assignment
o EXCEPT: unfitness for night work the finding of such
"In addition, the Secretary of Health is hereby empowered to impose assessment shall be confidential and shall NOT be
sanctions on health institution for the violation of this Act and the used to their detriment, subject however to applicable
rules issued thereunder. Such sanctions may be in the form of company policies.
reprimand or censure and in case of repeated willful violations,
suspension of the permit to operate of the erring health 2. SEC 4. MANDATORY FACILITIES
institution.1avvphi1  Suitable First Aid and Emergency Facilities
 Lactation Station
"Heads, officials and employees of government health and non-health  Separate Toilet Facilities for men and women
facilities, establishments and institutions who violate this Act shall  Facility for eating with potable drinking water
further be subject to the following administrative penalties: o What is potable?
"First offense - Reprimand;  Suitable for drinking.
"Second offense - Suspension for one (1) to thirty (30) days;  Facilities for transportation and properly ventilated
and temporary sleeping or resting quarters - separate for
"Third offense - Dismissal. male and female workers
o What is the opportune time for them to
"This shall be without prejudice to other liabilities applicable under rest? That 1 hour break period.
civil service law and rules

LABOR 2013-2014 | FOR THE BENEFIT OF THOSE IN NEED | jpboi 1

  EXCEPTIONS (SEC 4)
 Existing company guideline providing for an equivalent or
superior benefits
o What do you mean by this? Provide your own
example (suggested: transportation – basta
e.defend lang ang imo example)
 Where the start or end of the night work doe not fall within
12 midnight to 5 o’clock in the morning
 Where the workplace is located in an area that is accessible
24 hours to public transportation
 Where the number of employees does not exceed a
specified number as may be provided for by the Secretary
of Labor and Employment in subsequent issuances
3. SEC 5. TRANSFER
 Unfit to render night work – due to health reasons –
transferred to a job for which they are fit to work whenever
practicable
 What if it is no longer viable to transfer?
 Par. 2. Terminate him lawfully.
 Upon termination, HE SHALL BE GRANTED the same
company benefits as other workers who are unable to work
due to illness. – MORE THAN 6 MONTHS OF BEING SICK
WITHOUT WORK.
 If night worker is pregnant, can the employer terminate her?
o NO!
 What law or provision is your basis?
o ART 137 Par 2 – To discharge such woman on
account of her pregnancy, or while on leave or in
confinement due to her pregnancy
o RH LAW – Responsible Parenthood and
Reproductive Health Law
4. SEC 6. ALTERNATIVE MEASURES TO NIGHT WORK FOR
PREGNANT AND NURSING EMPLOYEES.
 Transfer to day work
o Additional periods of assignment to day work
during pregnancy
 16 weeks to be divided equally before
and after delivery
o Extension of maternity leave
o Clearance to render night work
- EMPLOYMENT OF CHILDREN - ….
 Who are considered Children?
o Refers to any person 18 years of age.
 Minimum age requirement under the Labor Code?
o 15 years old.
 How is a child employed? 15 above and below 18?
o Can be employed as long as not hazardous and
deleterious work places.
 Hours of Work
 Below 15 not allowed to work for more than
o 20 hours a week and
o 4 hours a day,
o from 8pm to 6am
 15 above and below 18 not allowed to work for more than
o 40 hours a week
o 8 hours a day
o 10pm to 6am
 If you violate – you are violating the WORST FORM OF CHILD
LABOR.
Criminal liability to employers if violated.
 Why criminal liability?
 It impairs his/her normal development, endangers his life, safety,
health and morals
 they may be prone to abuse, neglect, cruelty,
exploitation and discrimination and other conditions
prejudicial to their development (SEC 2)
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- EMPLOYMENT OF DOMESTIC WORKERS - ….
Kasambahay Act
 Does this law repeal the entire Chapter III of Labor Code
Employment of Househelpers? YES
 Domestic Worker – any person engaged in domestic work within
an employment relationship whether on a live-in or live-out
arrangement, such as, but not limited to:
 General Househelp
 Yaya
 Cook
 Gardener
 Laundry person
 Any person who performs domestic work on an
OCCUPATIONAL BASIS
Not Covered:
 Service providers
 Family drivers
 Children under foster family arrangement
 Any person who performs domestic work
occasionally/ sporadically
 Domestic Work – work performed in or for a household
 Household – immediate members of the family OR the occupants
of the house who are directly and regularly provided services by
the Kasambahay.
 Employer – any person who engages and controls the services of
a Kasambahay and is party to the employment Contract.
 Live-out Arrangement – arrangement whereby the Kasambahay
works within the employer’s household but does not reside
therein.
 What is the minimum employable age? 15 years old.
- Can we apply the Law on Employment of Children? YES
 What is the prescribed hours of work for the domestic workers?
 It shall NOT EXCEED 16 hours a day.
- BASIS: SEC. 5 Daily Rest Period – employers to
provide the domestic worker an aggregate 8
hours of work.
- 24hrs a day – 8rest = 16 work hours
 Does the law require employment agreement? YES. SEC 5
 What is the minimum wage?
o MONTHLY minimum wage (NOT DAILY)
 NCR – 2,500 per month
 Cities and First Class Municipalities –
2,000 PER MONTH
 Other Municipalities – 1,500
 Pay them AT LEAST ONCE A MONTH – with pay slip.
 Entitled to: (GIVEN AFTER 1 MONTH OF SERVICE!)
 Service Incentive Leave
 13th Month Pay
 SSS, ECC, PhilHealth, PAG-IBIG – at least 1 month service
 PAG-IBIG – Pagtutulungan Ikaw, Banko, Industria, Gobyerno
 Kasambahay – if solo parent
 (SEC 13) – entitled to other benefits in existing laws
- has right of maternity leave, paternity, etc.
 When is employer under obligation to register employee under
SSS, Pag-Ibig, etc?
o At least one month of service
 How much does the employer pay? You need to qualify.
o If salary is 5,000.00 or more then it will be proportion,
o If salary is less than 5,000.00 then it will be the
employer only.
2
NOTE: If there is an employment agreement – there are valid ground in
which kasambahay can terminate the employment.
 IRR of 10361 RULE VII SEC 2 – SEC 3
 Replacement of Kasambahay by PEA – SEC 4
 Termination of employer without valid ground – Kasambahay has
remedy
 Can kasambahay sue the employer?
- YES, before the Regional Office of DOLE (RULE 11 Sec
1)
 SEC 2
- he is entitled to his unpaid salary
- indemnity of damages equal to 15 days of salary
- NO REINSTATEMENT – because of degree of trust
between the employer and Kasambahay. FUDICIARY
 HOMEWORKERS VS. HOUSEHELPERS
- HOMEWORKS work at their home.
- HOUSEHELPERS work at employers home.
- EMPLOYMENT OF MIGRANT WORKERS AND OFWs -
 Is OFW can be used interchangeably with migrant workers?
 SEC 2 IRR – YES – definition of terms
. 
 Recruitment and Placement
- As defined in Art. 13b of the Labor code, it does not
involve employment. There is a recruitment and
placement under the Migrant Act. Not Recruitment
and Employ.
- Sec 13 (b) - Refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or procuring
workers, and includes referrals, contract services,
promising or advertising for employment, locally or
abroad, whether for profit or not. Provided, That any
person or entity which, in any manner, offers or
promises for a fee employment to two or more
persons shall be deemed engaged in recruitment and
placement.
 Recruitment and Placement vs. Recruitment and Employ
- Recruit and place him else where
- Recruit and then employ
 Two important requirement for you to engage in recruitment
and placement
- Nationality requirement
- Capitalization requirement
 Can a foreigner organize and become the manager of a
recruitment agency?
- NO, Illegal Recruitment includes - SEC 5 (n) To allow a
non-Filipino citizen to head or manage a licensed
recruitment/ manning agency
 Why? THERE IS A POSIBILITY OF CONFLICT OF INTEREST –
foreigners are deemed to be loyal to their country.
- Filipino must manage a recruitment agency
 Who is a non resident alien?
- Foreign national who intend to gain employment in
the Philippines
 Does he need any permit?
- Yes. Alien employment Permit
 What about a permanent resident alien? Does he need a
permit?
- Yes. Alien employment certification
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 Who is exempted from getting an AEP?
- Sec 2 of DOLE DO 97-09 S, 2009
 Members of the diplomatic service and
foreign government officials
 Officers and staff of international
organizations of which Philippines is
member
 Foreign nationals elected as members of
the governing board who do not occupy
any other position – voting rights only in
the corporation – MULTI NATIONAL
COMPANY
 All foreign nationals granted exemption by
law
 Owners and representative of foreigner
principals whose companies are accredited
by the POEA – for a limited period and
interviewing Filipinos for abroad
 Foreign nationals who come to Philippines
to teach, present or conduct research
studies in universities.
-
 Is direct Hiring allowed of OFW?
- No because there is a ban.
 What is the ban for?
 TO protect OFWs
Government does not want
anybody to apply abroad
independently so that they can
control who can be sent to work.
 When is recruitment and placement illegal?
- When there is no LICENSE and AUTHORITY
 REGARDLESS IF IT IS A NON PROFIT OR FOR
PROFIT, LOCAL OR NOT.

 Can illegal recruitment be committed against one person?
- Yes. A case has been decided that if you do not have
license or authority, it is illegal. EVEN IF IT IS JUST A
PROMISE
 When is illegal recruitment considered large scale?
- When committed against three (3) or more persons
 When is illegal recruitment considered syndicate?
- When carried out by three or more person conspiring
against any person
 ILLEGAL RECRUITMENT
- When considered as an ECONOMIC SABOTAGE the
prescriptive period is 20 years. But if NOT it is just 5
years
- INSTANCES OF ILLEGAL RECRUITMENT – SEC 6
 Criminal – Who has jurisdiction?
– REGULAR COURT
 What is the obligation of the employer if the employee is
injured?
- Duty of any employer to provide all the necessary
assistance to ensure the adequate and immediate
medical and dental attendance and treatment to an
injured or sick employee in case of emergency. – Art.
161 of the LC is ONLY SAFETY AND HEALTH STANDARD
PROVISION, cannot be the source of any cause of
action/relief.
- If violated by the employer, CAUSE OF ACTION is
QUASI-DELIC in civil code 1711-1712
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  Agencies involved
- DOLE, POEA, OWWA, DFA, LGU
 What is the role of LGUs?
- To fight against illegal recruitment
- dissemination of information to their constituents
- To provide venue of POEA
- HELP DESK!
 What is the role of OWWA?
- Assistance they may need in the enforcement of
contractual obligation
 What is the role of DOH?
- Regulate operation of clinics to conduct
examinations.
 What is the role of POEA?
- Participate in recruitment and overseas placement of
workers by setting up a licensing and registration
system.
 What is the role of DFA?
- To be a representative of other country where the
OFW will be sent.
 Guarantee: (Sec 4)
- Existing labor and social laws protecting the rights of workers.
- receiving country must be a signatory of multilateral treaty.
- Bilateral treaty with Philippines.
- EMPLOYMENT OF STUDENTS AND WORKING SCHOLARS - V matters and affairs.
NOTE: NOT ALL EMPLOYMENT OF STUDENTS CREATE AND EE-ER
RELATIONSHIP BECAUSE OF THE DUAL TRAINING LAW/ACT WHEREIN THE
STUDENTS ARE PAID. THE PAYMENT IS CALLED ALLOWANCES. THE
STUDENTS ARE CONSIDERED TRAINEES; TRAINEES IN SCHOOL AND IN
PLANT.
 Dual Training Law
- delivery system to quality technical and vocational
education and training that combine in-plant training
and in-school training based on training plan
 Entitled to allowance – not less than 75%
WORKING SCHOLARS VS. WORKING STUDENTS
 Working Scholars
- are students who work for the school in exchange for
the privilege to study free of charge provided they are
given the reasonable opportunity to finish the course.
 Reasonable opportunity
- that time you are given related to units per school
year given
 Is there employer – employee relationship when you are a
WORKING SCHOLAR?
- No, there is no employer – employee relationship.
RA 7323 – SPECIAL PROGRAM FOR EMPLOYMENT OF STUDENTS
 What is the age of employment of these students
- Not less than 15 and not more than 25
 Employment of SECONDARY Students
- When? during Summer and Christmas
- Establishment with 10 or more employees
- age: not less than 15, not more than 25
- Time limit of employment:
– 10 – 15 days
 Employment of TERTIARRY Students
- When? ANY TIME OF THE YEAR
- Establishment with 10 or more employees
- age: not less than 15, not more than 25
- Time limit of employment:
– 20 - 52 working days
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 Wage: they are paid minimum wage
- 60% - in cash; 40% - voucher
NOTE: THERE IS EMPLOYEE AND EMPLOYER RELATIONSHIP HERE.
-EMPLOYMENT OF (NON)ACADEMIC PERSONNEL IN PRIVATE INSTITUTION-
c
2010 REVISED MANUAL OF REGULATIONS FOR PRIVATE SCHOOLS IN BASIC
EDUCATION (DepEd Order No. 88, Series of 2010)
 Academic personnel
- includes all school personnel who are formally
engaged in actual teaching service or in research
assignments, either in full time or part time basis, as
well as those who possess certain prescribed
academic functions directly supportive of teaching
such as registrars, librarians, guidance counselors,
researchers and other similar persons. They may
include school officials responsible for academic
matters and other school officials.
- includes all school personnel who are formally
engaged in actual teaching service or in research
assignments, either in full time or part time basis.
 Academic support personnel
- are those who perform certain prescribed academic
functions directly supportive of teaching such as
registrars, librarians, guidance counselors, researchers
and other persons performing similar functions
including institution officials responsible for academic
 Non-academic personnel
- means school personnel usually engaged in
administrative functions that are not covered under
the definition of academic personnel. They may
include school officials.
- means the rank-and-file employees of the institution
engaged in administrative functions and maintenance
of higher education institution.
NOTE: In any case, Academic personnel are governed by the Manual of
Regulations while Non-academic personnel are governed by the Labor
Code.
 2 Manuals of Regulations
 Manual of Regulations for Private Higher Education
 Revised Manual of Regulations for Private Schools in
Basic Education
o Kindergarten – Basic Education
o
- EMPLOYMENT OF DRIVERS AND CONDUCTORS IN THE PUBLIC UTILITY
BUS TRANSPORT INDUSTRY -
 Divers and Conductors – entitled to rest period of at least 1 hour
exclusive of Meal Breaks, within a 12-hour shift.
 In fixing of performance for compensation, consider:
- Based on safety requirements
- Based on number of passage/ Ridership/ Business
Performance
- EMPLOYMENT OF SENIOR CITIZENS -
 Hiring of Senior Citizen – There is a tax incentive WHEREIN
Deduction to 15% of the total amount paid as salaries and wages
to senior citizens subject to the provision of SEC 34 of National
Internal Revenue Code (NIRC)
4