Professional Documents
Culture Documents
(b) In case said Order/Resolution involves 2. Art. 37 - in relation to recruitment and If the DOLE makes a finding that there is an
a monetary award, an appeal by the placement of workers for both local and existing employer-employee relationship, it takes
employer may be perfected only upon overseas employment cognizance of the matter, to the exclusion of the
the posting of a cash or surety bond of NLRC.
appeal bond is allowed under the 3. Art. 289 - to inquire into the financial
Rules. activities legitimate labor organizations. The DOLE would have no jurisdiction only if the
employer-employee relationship has already been
Stoppage of work by SOLE ENFORCEMENT POWERS CONSIST OF terminated, or it appears, upon review, that no
The Secretary of Labor and Employment may 1. To issue compliance orders employer-employee relationship existed in the first
likewise order stoppage of work or suspension of 2. To issue writs of execution place.
operations of any unit or department of an 3. To order stoppage of work or
establishment when noncompliance with the law or suspension of operations The Court, in limiting the power of the DOLE, gave
implementing rules and regulations poses grave 4. To require employers to keep and the rationale that such limitation would eliminate the
and imminent danger to the health and safety of maintain such employment records as prospect of competing conclusions between the
workers in the workplace. Within twenty-four hours, may be necessary in aid of his visitorial DOLE and the NRC. The prospect of competing
a hearing shall be conducted to determine whether and enforcement powers. conclusions could just as well have been eliminated
an order for the stoppage of work or suspension of by according respect to the DOLE findings, to the
operations shall be lifted or not. In case the Requisites for valid exercise of enforcement exclusion of the NLRC, and this We believe is the
violation is attributable to the fault of the employer, powers more prudent course of action to take.
he shall -- the employees concerned their salaries 1. Employer-employee relationship still
or wages during the period of such stoppage of exist at the time of the initiation of the RA 8188 amending the penalty on RA 6727
work or suspension of operation. action Double indemnity - for failure to
comply with the wage orders.
NO INJUNCTION FROM INFERIOR COURT 2. Findings in question were made in the
AGAINST SOLE ORDER course of inspection, regardless of "The employer concerned shall be
It shall be unlawful for any person or entity to whether it was initiated by complaint or ordered to pay an amount equivalent to
obstruct, impede, delay or otherwise render routine inspection double the unpaid benefits owing to the
ineffective the orders of the Secretary of Labor and employees: Provided, That payment of
Employment or his duly authorized representatives Note: Under RA 7730, the DOLE regional director indemnity shall not absolve the
issued pursuant to the authority granted under this has jurisdiction despite the amount of the money employer from the criminal liability
Article, and no inferior court or entity shall issue claims involved. The initiation of a case through a imposable under this Act.
temporary or permanent injunction or restraining complaint does not divest the dole regional director
order or otherwise assume jurisdiction over any of his jurisdiction. NOT MORE THAN 5K COMPLAINT
case involving the enforcement orders issued in Art. 129. Recovery of wages, simple money
accordance with this Article. CASE: PEOPLE'S BROADCASTING SERVICE claims and other benefits. Upon complaint of any
(BOMBO RADYO PHILS., INC.) vs. THE interested party, the Regional Director of the
Any government employee found guilty of violation SECRETARY OF THE DEPARTMENT OF LABOR Department of Labor and Employment or any of the
of, or abuse of authority, under this Article shall, AND EMPLOYMENT, ET AL., G.R. No. 179652, duly authorized hearing officers of the Department
after appropriate administrative investigation, be March 6, 2012 is empowered, through summary proceeding and
subject to summary dismissal from the service. The determination of the existence of an employer- after due notice, to hear and decide any matter
employee relationship by the DOLE must be involving the recovery of wages and other monetary
THREE KINDS OF POWERS UNDER ART. 128 respected. claims and benefits, including legal interest, owing
[VEA] to an employee or person employed in domestic or
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
household service or house helper under this employees 3) inspect work premises to
Code, arising from employer-employee relations: determine compliance with labor laws SEARCH WARRANT VS INSPECTION
Provided, That such complaint does not include a and social legislation. Just because an employer has the right
claim for reinstatement: Provided further, That the to insist on a search warrant does not
aggregate money claims of each employee or After conduct of inspection necessarily mean it should require one.
house helper does not exceed Five thousand
pesos (P5,000.00). a) Compliant establishment, the The law grants the Secretary of Labor
labor inspector shall issue a or his duly authorized representative to
Any decision or resolution of the Regional Director Notice of Results to the enter places of employment to conduct
or hearing officer pursuant to this provision may be representatives of the employer inspection.
appealed on the same grounds provided in Article and employee, etc. Showing
223 of this Code, within five (5) calendar days from compliance with – Is this not a violation of the right of the
receipt of a copy of said decision or resolution to b) Non-compliant, labor inspector employer to be free from unreasonable
the National Labor Relations Commission which shall issue a Notice of Results searches as stated in the Constitution?
shall resolve the appeal within 10 calendar days indicating NO – VIOLATIONS
from the submission of the last pleading required or LAW RELATED TO ADMINISTRATION AND
allowed under its rules. DOLE 183 ENFORCEMENT
Correction period on general labor RA 11058 requires employers to provide complete
DO 183-2017 IRR OF VISITORIAL POWERS OF standards and contracting and safe work procedures; inform workers of hazards
DOLE subcontracting - establishments are associated with their specific jobs; provide
given a non-extendible period of ten appropriate and personal protective equipment
Revised Rules On The Administration days to submit compliance on the which have passed the DOLE's required tests; and
And Enforcement Of Labor Laws reported violations. provide access to mandatory OSH trainings as
Pursuant To Article 128 In Relation To prescribed by the DOLE.
Article 303 Of The Labor Code As Remediation on occupational safety
Renumbered. and health standards - will take this up OTHER STATUTORY BENEFITS
later.
Modes of implementation - the 13TH month pay
visitorial power of the sole /duly RULE VI - complaint inspection shall be Retirement pay
authorized representatives shall be undertaken when there is: Lactation pay
implemented through any of the a) SENA referral Portability law
following: b) anonymous complaint Leaves
a) routine inspection c) there is a request in a conciliation-
b) complaint inspection mediation proceedings at the READ: DOLE MANUAL OF STATUTORY
c) occupational safety NCMB to validate the violations of BENEFITS
and health standards labor laws.
investigations - see Who are qualified to receive the 13th month
definition of these RULE X - MANDATORY CONFERENCE pay?
modes in Rule 1 A) in routine inspection, it shall be held The 13th month bonus is mandatory in the
after the lapse of 10-day correction Philippines under the Labor Code and by PD
Rules on Inspection under DO 183 period for violations of general labor 851
Under DO 183, establishments may be standards ...etc. Failure to correct OSH It is a very popular employee benefit as it
subjected to a Routine Inspection, VIOLATIONS WITHIN THE allows locals to pay for the expenses of the
Complaint Inspection or Occupational REMEDIATION PERIOD SHALL Christmas and New Year’s holidays
Safety and Health Standards CAUSE THE IMMEDIATE ISSUANCE It has to be paid out by December 24 or the
Investigation, which shall be conducted OF COMPLIANCE ORDER. end of the contract, whichever is sooner.
by Labor Inspectors, formerly called B) in complaint inspection - AFTER THE The only qualification to be entitled to a 13 th
Labor Law Compliance Officers LAPSE OF THE TEN-DAY month pay is that the EMPLOYEE MUST
(LLCOs) CORRECTION PERIOD HAVE WORKED FOR AT LEAST ONE
MONTH DURING THE CALENDAR YEAR
Routine Inspection is the process of RULE XI - Section 2 It is computed as the number of months
evaluating a private establishment's In case of Compliance Order issued by the rendered by the employee which means
compliance with labor laws and social Regional Director includes a directive to regularize additional holiday pays and premiums WILL
legislation through a prescribed workers, the employment of workers ordered to be NOT be included in the computation.
Inspection Checklist regularized shall not be terminated pending appeal The formula is total basic salary minus total
salary deductions including absences, lates,
Complaint Inspection where there is a Employers shall submit a notarized commitment to and undertime over 12 months
Single Entry Approach (SEnA) referral, the regional director that workers to be regularized
or a request in conciliation-mediation shall not be terminated pending appeal PD 851 - 13TH MONTH PAY LAW
proceedings at the National Conciliation
and Mediation Board (NCM) to validate GROUNDS FOR APPEAL The 13th month pay is a form of monetary benefit
or verify violation of labor standards. If RULE XII APPEAL equivalent to the monthly basic compensation
anonymous complaints are received, The COMPLIANCE ORDER may be appealed to received by an employee, computed pro-rata
DO 187 also allows surprise visits to be the SOLE by filing a Memorandum of Appeal with according to the number of months within a year
conducted to validate the reported ten days from receipt thereof. that the employee has rendered service to the
violation of labor laws. employer
Grounds for appeal:
The refusal of access to records or 1) prima face evidence of abuse of discretion on Who are required to pay the 13th month pay?
premises, even at the first instance, the part of the regional director All establishments regardless of the number
shall -- responsible person to a criminal 2) pure questions of law of employees are required to pay their rank-
action already. In fact, the new rules 3) serious errors in the findings of facts were and-file employees the 13th month pay
even -- provision on undergoing a committed which if not corrected would cause
mandatory conference prior to the filing grave or irreparable damage or injury to the Who are entitled to receive 13th month pay?
of the criminal action – appellant.
All rank-and-file employees regardless of the
IMPLEMENTING RULES nature of their employment, and irrespective
RULE IV - All establishments must of the methods by which they are paid,
comply with the prescribed labor provided they worked for at least one month
standards, OSHS and social welfare PERFECTION OF APPEAL during the calendar year
benefits for their employees including An appeal is deemed perfected upon filing of the
compliance with the regulations on Memorandum of Appeal together with the appeal How is 13th month pay computed?
contracting/subcontracting bond within the prescribed period. It is computed based on 1/12 of the total
arrangements, termination of basic salary of an employee within a
employment requirements, security of Secretary of Labor vs. Panay Veteran's calendar year, or basic monthly salary for
tenure, right to self-organization and Security and Investigation Agency, G. the whole year divided by 12 months
other labor rights. R. No. 167708, August 22, 2008
Yanson et al vs. SOLE G. R. No. WHAT ARE THE COMPONENTS OF BASIC
ROUTINE INSPECTION (Rule V) 159026 - Reduction of Bond not SALARY?
allowed on appeal to the DOLE
In the presence of the representatives Garcia et al. vs. KJ Commercial et al “Basic Salary” shall include all
of the employer and employees, the G.R. No. 196830 February 29, 2012 - remunerations or earnings paid by an
Labor inspector shall 1) examine Reduction of Bond allowed on Appeal employer to an employee for services
employment records 2) interview to NRC on meritorious grounds rendered
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
DOES NOT INLCUDE allowances 1. Cash equivalent of unused vacation and SECTION 10 PROVISION OF FACILITIES
and monetary benefits which are not sick leave credits FOR BREASTMILK COLLECTION AND
considered, or integrated, as part of 2. CLOA granted pursuant to PD 525 or LOI STORAGE FOR HEALTH INSTITUTIONS
the regular, or basic salary, such as No. 174 The health institution adopting
the cash equivalent or unused 3. Overtime rooming-in and breastfeeding shall
vacation and sick leave credits, OT, 4. Premium provide equipment, facilities, and
premium, night differential and 5. Night Differential supplies for breastmilk collection,
holiday pay. 6. Holiday pay storage and utilization
Basic salary includes cost-of-living The standards of whcih shall be
allowances Your 13th month pay should be not less than defined by the Department of Health
However, these salary-related 1/12 of the total basic salary you earned institutions are likewise encouraged to
benefits should be included as part of within the calendar year. set up milk banks for storage of
the basic salary in the computation of It means your 13th month pay is breastmilk donated by mothers and
the 13th month pay if, by individual or monthly basic compensation which have undergone pasteurization
collective agreement or company computed pro-rate according to the The stored breastmilk will primarily be
practice or policy, the same are number of months/days you have given to children in the neonatal ICU
treated as part of the basic salary of worked in your company whose own mothers are seriously ill
the employees LACTATION SECTIONS
CASE: ARIEL DAVID (YIELS HOG DEALER) VS. SECTION 11ESTABLISHMENT OF
OTHER ISSUED ON 13TH MONTH PAY JOHN MACASIO, JR. LACTATION STATIONS
It is hereby mandated that all health
Are maternity leave benefits included in the The governing law on 13th month pay is PD and non-health facilities,
computation of 13th month pay? 851 establishments or institutions shall
No. Maternity leave benefits are not As with holiday and SIL pay, 13th month pay establish lactations stations.
included in the computation of 13th benefits generally cover all employees. The lactation stations shall be
month pay An employee must be one of those adequately provided with the
When shall 13th month pay be paid? expressly enumerated to be necessary equipment and facilities
The 13th month pay should be paid exempted Lavatory for handwashing
not later than December 24 of each Section 3 of the IRR of PD 851 enumerates Unless there is an
year the exemptions from the coverage of the 13th easily-accessible
Is there an option when a covered employer month pay benefits lavatory nearby
should pay the 13th month? Under Section 3 (e), employers of those who Refrigeration or appropriate
Yes. A covered employer may pay are paid on task basis, and those who are colling facilities for storing
1/2 of the 13th month pay before paid a fixed amount for performing a specific expressed breastmilk
opening of the regular school year work, irrespective of the time consumed in Electrical outlets for breast
the performance thereof are exempted pumps
NOTE: SEVERAL SECURITY AGENCIES Note that unlike the IRR of the Labor Code Small table
RELEASE THE 13TH MONTH PAY EVERY on holiday and SIL pay, Section 3 (e) of the Comfortable seats
PAYROLL Rules and Regulations Implementing PD The standards of which shall be
851 exempts employees “paid on task basis” defined by the Department of Health
WHO ARE ENTITLED TO 13TH MONTH PAY? without any reference to “field personnel” The lactation station shall not be
Only rank-and-file employees are entitled to This could only mean that insofar as located in the toilet
13th month pay payment of the 13th month pay is concerned, In addition, all health and non-health
The Labor Code, as amended, distinguishes the law did not intent to qualify the facilities, establishments or institutions shall
a rank-and-file employee from a managerial exemption from its coverage with the take strict measures to prevent any direct or
employee requirement that the task worker be a field indirect form of promotion, marketing, and/or
A managerial employee is one who is vested personnel at the same time sales of infant formula and/or breastmilk
with powers or prerogatives to lay down and substitutes within the lactation stations
execute management policies and/or to hire, 14th, 15th, 16th MONTH PAY BASED ON CBA Or in any event or circumstances which may
transfer, suspend, lay off, recall, discharge, be conducive to the same
assign, or discipline employees, or to CASE: EASTERN TELCO PHIL VS ET
effectively recommend such managerial EMPLOYEES UNION RETIREMENT LAW - REPUBLIC ACT NO. 7641,
actions. The company confirms that the 14th, 15th, DECEMBER 9, 1992
All employees not falling within this definition and 16th month bonuses are granted Art. 287. Retirement
are considered rank-and-file employees A reading of the above provisions reveals Any employee may be retired upon
that the same provides for the giving of 14th, reaching the retirement age
ARE THERE EMPLOYERS EXEMPTED FROM 15th, and 16th month bonus without established in the collective
PAYING THE 13TH MONTH WAGE? qualification. bargaining agreement or other
The wording of the provision does not allow applicable employment contract
The following employers are exempted to any other interpretation. In case of retirment, the employee
pay 13th month under PD 851: There were no conditions specified in the shall be entitled to receive such
Government and any of its political CBA Side Agreements for the grant of the retirement benefits as he may have
subdivisions, including GOCCs, benefits contrary to the claim of ETPI that earned under existing laws and any
except those corporations operating the same is justified only when there are collective bargaining agreement and
essentially as private subsidiaries of profits earned by the company other agreements
the Government The provision does not state that the subject Provided, however, that an
Employers already paying their bonuses shall be made to depend on the employee’s retirement benefits under
employees 13th month pay or more in ETPI’s financial standing or that their any collective bargaining and other
a calendar year or its equivalent at payment was contingent upon the realization agreements shall not be less than
the time of this issuance of profits. those provided herein
Persons in the personal service of Neither does it state that if the company In the absence of a retirement plan or
another in relation to such workers derives no profit, no bonuses are to be given agreement providing for retirement
Employer who are paid on purely to the employees. benefits of employees in the
commission, boundary, or task basis, In fine, the payment of these bonuses was establishment, an employee upon
and those who are paid a fixed not related to the profitability of business reaching the age of 60 years or more,
amount for performing a specific operations. but not beyond 65 years which is
work, irrespective of the time hereby declared the compulsory
consumed in the performance REPUBLIC ACT NO. 10028 (EXPANDED retirement age
thereof, except where the workers are BREASTFEEDING PROMOTION ACT OF 2009) Who has served at least 5 years in
paid on a piece-rate basis in which Lactation Period Nursing employees are the said establishment, may retire and
case the employer shall grant the entitled to paid break intervals in addition to shall be entitled to retirement pay
required 13th month pay to such the unpaid regular one-hour meal period, equivalent to at least 1/2 month
workers. to breastfeed or express milk. salary for every year of service
There may be several lactation periods of A fraction of at least 6 months being
13 MONTH PAY MAY NOT BE EQUIVALENT TO short duration during the work day considered as one whole year
YOUR BASIC SALARY Each lactation period should include the time Unless the parties provide for broader
it takes a nursing employee to go to and inclusions, the term “1/2 month
According to the law, your basic calary from the workplace lactation station salary” shall mean 15 days plus
should only be earnings or primary payment The employer and nursing employee may 1/12 of the 13th month pay and cash
paid to an employee for services rendered. agree on the duration and frequency of the equivalent of not more than 5 days of
On the other hand, basic salary DOES NOT lactation periods, provided the total length of service incentive leave (Atty. Bata:
INCLUDE: all the lactation periods is not less than 40 22 DAYS ALL IN ALL)
minutes for every 8-hour working
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
Retail, service and agricultural month pay and cash equivalent Any individual who fall under any of the
establishments or operations of nor more than 5 days of SIL following categories:
employing not more than 10 1. A woman who gives birth as a result of
employees are EXEMPTED from the REPUBLIC ACT 7699 (AN ACT INSTITUTING rape and other crimes against chastity even
coverage of this provision LIMITED PORTABILITY SCHEME IN THE without a final conviction of the offender:
Violation of this provision is hereby SOCIAL SECURITY INSURANCE SYSTEM BY provided, that the mother keeps and raises
declared UNLAWFUL and subject to TOTALIZING THE WORKERS’ CREDITABLE the child
the penal provisions provided under SERVICES OR CONTRIBUTIONS IN EACH OF 2. Parent left solo or alone with the
Article 288 of this Code THE SYSTEMS responsibility of parenthood DUE TO
Section 3: Provisions of any general or DEATH OF SPOUSE
PRIVATE RETIRMENT BENEFIT special law or rules and regulations to the 3. Parent left dolo or alone with the
An employee is entitled to receive such contrary notwithstanding, a covered worker responsibility of parenthood while the
retirement benefits as he may have earned who transfers employment from one sector SPOUSE IS DETAINED OR IS SERVING
under existing laws and any collective to another or is employed in both sectors SENTENCE for a criminal conviction for at
bargaining agreement and other agreements shall have his credible services or least 1 year
However, an employee’s retirement benefits contributions in both Systems credited to 4. Parent left solo or alone with the
under any collective bargaining and other his service or contribution record in each of responsibility of parenthood due to
agreements shall not be less than those the Systems and shall be totalized for PHYSICAL AND/OR MENTAL
provided by the Labor Code purposes of INCAPACITY OF SPOUSE as cerified by a
An employee (Except an underground Old-age public medical practitioner
mining employee) has the option to retire Disability 5. Parent left solo or alone with the
and receive retirement pay upon reaching Survivorship responsibility of parenthood due to LEGAL
the age of 60 years or more And other benefits SEPARATION OF DE FACTO
Provided he has served aat least five years In case the covered member does not SEPARATION from spouse for at least one
with his employer qualify for such benefits in either or both year, as long as he/she is entrusted with the
When the employee reaches the compulsory Systems without totalization custody of the children
retirement age of 65 years, his employer PROVIDED, howeevr, that overlapping 6. Parent left solo with the responsibility of
may retire him and pay him retirment pay. periods of membership shall be CREDITED parenthood due to DECLARATION OF
In case of underground mining employee, ONLY ONCE for purposes of totalization NULLITY OR ANNULMENT OF
they may retire and receive retirement pay MARRIAGE as declared by a court or by a
upon reaching 50 years of age and SSS PLUS GSIS CREDITS church as long as he/she is entrusted with
completing five years of service to their Under RA 7699 (PORTABILITY LAW), the custody of the children
employer, and their employer may retire government retirees who do not meet the 7. Parent left solo or alone with the
them and pay them retirment pay when they required number of years provided under PD responsibility of parenthood due to
reach 60 years 1146 and RA 8291 may still avail ABANDONMENT OF SPOUSE FOR AT
Compulsory retirment age for themselves of retirment and other LEAST 1 YEAR
underground mining workers benefits 8. UNMARRIED MOTHER/FATHER who
Under this law, retirees may combine their has preferred to keep and rear her/his
COMPUTATION OF RETIREMENT PAY years of service in the private sector child/children instead of having others care
An eligible retiring employee is entitled to represented by contributions to the SSS with for them or give them up to a welfare
retirement pay equivalent to at least his 1/2 their government service and contributions institution
month salary for every year of service to the GSIS to satisfy the required years of 9. Any other person WHO SOLELY
A fraction of at least 6 months of service service under PD 1146 and RA 8291 PROVIDES PARENTAL CARE and support
being considered as one whole year However, if retirees have already satisfied to a child or children
The term “half-month salary” for retirment the required years of service under the GSIS 10. ANY FAMILY MEMBER WHO
pay purposes generally includes the 15-day retirement option they have chosen, they ASSUMES THE RESPONSIBILITY OF
salary of the employee based on his latest would not be allowed to incorporate their HEAD OF FAMILY as a result of the death,
salary date, cash equivalent of five days of contributions to the SSS anymore for abandonment, disapperance or prolonged
service incentive leaves, 1/12 of the 13th availment of additional benefits. absence of the parents or solo parent
month pay due the employee, and all other Section 4: All contributions paid by such
benefits that the employer and employee member personally, and those that were VAWCHI LEAVE
may agree upon to be included in computing paid by his employers to both Systems shall Battered Woman Leave: 10 days leave with
the reirement pay. be considered in the processing of benefits pay for Victims of Violence Against Women
NO SEPARATION PAY TO RESIGNING to be paid by one from either or both and their Children is granted to women
EMPLOYEE Systems employees who are victims of physical,
PROVIDED, however, that the amount of sexual, psychological harm or suffering, or
CASE: SERRANO VS. SEVERINO SANTOS benefits to be paid by one System shall be in economic abuse
TRANSIT (ComputationL 22.5 days per year of propotion to the number of contributions The leave benefit shall cover the days that
service) actually remitted to that System the woman employee has to attend to
IN CASE OF DEATH, DISABILITY AND medical and legal concerns
Facts: OLD AGE, the periods of creditable services PROVIDED, that the victim woman
After 14 years of service or on July 14, 2006, or contributions to the SSS and GSIS shall employee presents to her employer a
Serrano, a bus conductor applied for be added to entitle retirees to receive the certification from the
optional retirement. benefits under their PD 1146 or RA 8291 1. Barangay chairman or
He was required to sign a waiver under If qualified under RA 8291, all the benefits 2. Barangay kagawad or
protest and the amount of P75,277.45 which shall applt EXCEPT the cash payment 3. Prosecutor or
he received as retirement pay, computed by The Portability Law provides that only 4. Clerk of Court
the company at 15 days per year of service benefots common to both Systems That an action relative to the matter is
The company did not include in the (GSIS and SSS) shall be paid pending
computation of the 5-day SIL and pro-rated Cash payment is NOT INCLUDED in
13th month pay because he was paid on a the benefits provided by the SSS BATTERED WOMAN SYNDROME
commission basis People living with battered woman
MANDATORY BENEFITS AND CONTRIBUTIONS syndrome may feel helpless
Ruling: TO SSS, PAG-IBIG AND PHILHEALTH This can cause them to wrongly
SC upheld the ruling of the Labor Arbiter SSS - Provides private employees and their believe they deserve the abuse and
“In the absence of a retirement plan families protection against disability, that they can’t get away from it
or agreement providing for retirement sickness, old age, and death In many cases, this is why people
benefits of employees in the Home Development Mutual Fund/Pag-Ibig don’t report their abuse to police or
establishment, an employee upon Fund - a provident savings system loved ones
reaching the age of 60 years or more, supplying housing loans to private and If you believe you or someone
but not beyond 65 years which is Philippine government employees, and to close to you is living with
hereby declared the compulsory self-employed persosn who elect to join the battered woman syndrome,
retirement age, who has served at Fund know that it is possible to treat
least 5 years in the said Philippine Health Insurance this condition and lead a full
establishment, may retire and shall be Corporation/PhilHealth - administered by life. Read on to learn more
entittled to retirment pay equivalent to the Philippine Health Insurance Corporation, about the signs and symptoms
At least 1/2 month salary for and provides employees with a practical of battered woman syndrome,
every year of service means of paying for adequate medical care as well as how it is treated
Fraction of at least 6 months in the Philippines. Battered Woman
being considered as one whole Syndrome/Battered Person
year SOLO PARENT LEAVE Syndrome can be the product
1/2 month salary shall mean of long-term domestic abuse. It
15 days plus 1/12 of the 13 WHO IS A SOLO PARENT is considered a SUB-
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
CATEGORY OF POST- conditions, taking into account their Other laws that prohibit discrimination against
TRAUMATIC STRESS maternal functions, and such facilities women on account of their gender, and against
DISORDER and opportunities that will enhance their children on account of their age.
welfare and enable them to realize their
MATERNITY AND PATERNITY LEAVE full potential in the service of the nation. The Magna Carta of Women
Maternity Leave: Under RA 11210, the (Republic Act No. 9710, as amended)
expanded maternity benefits are as follows: Art. 132. Facilities for women. The Secretary of prohibits discrimination against women
Maternity leave of 105 DAYS WITH Labor and Employment shall establish standards and expressly imposes liability for
FULL PAY that will ensure the safety and health of women damages on the person directly
Whether the eligible female employee employees. In appropriate cases, he shall, by responsible for such discrimination.
gives birth via caesarian section or regulations, require any employer to: The Anti-Age Discrimination in
natural delivery a) Provide seats proper for women and Employment Act (Republic Act No.
Allocation of 7 DAYS of maternity permit them to use such seats when 10911) prohibits discrimination on
leave credits to the child’s father or an they are free from work and during account of age, and imposes penalties
alternate caregiver working hours, provided they can for violation of the Act.
7 Days of Paternity Leave With Pay perform their duties in this position The Solo Parents' Welfare Act
For all married male employees in the without detriment to efficiency; (Republic Act No. 8972) prohibits an
private sector regardless of status of employer from discriminating against
employment b) To establish separate toilet rooms and any solo parent employee with respect
To allow the husband to lend support lavatories for men and women and to the terms and conditions of
to his wife during her period of provide at least a dressing room for employment on account of the
recovers and/or in nursing her women; (LGBT ISSUE?) employee being a solo parent.
newborn child The Indigenous Peoples' Rights Act
Provided he is: c) To establish a nursery in a workplace (Republic Act No. 8371) prohibits
1. An employee at the time of the for the benefit of the women employees discrimination against Indigenous
delivery of his child therein; and (LACTATION) Cultural Communities or Indigenous
2. Cohabiting with his spouse at the Peoples with respect to recruitment and
time that she gives birth or suffers a d) To determine appropriate minimum age conditions of employment on account of
miscarriage and other standards for retirement or their descent.
3. Applied for paternity leave with his termination in special occupations such The Anti-Sexual Harassment Act
employer within a reasonable period as those of flight attendants and the (Republic Act No. 7877) prohibits
of time like. sexual harassment in the workplace.
4. His wife has given birth or suffered The Mental Health Act (Republic Act
a miscarriage Ahead of Reproductive Law No. 11036) requires employers to
Art. 134. Family planning services; incentives develop appropriate policies and
GYNECOLOGICAL DISORDERS AND SSS SICK for family planning. programs on mental health in the
LEAVE a. Establishments which are required by workplace designed to, among others,
law to maintain a clinic or infirmary shall raise awareness on mental health
Special Leave for Women of Maximum of provide free family planning services to issues, correct the stigma and
2 Months with Full Pay their employees which shall include, not discrimination associated with mental
Who have rendered continuous be limited to, the application or use of health conditions, identify and provide
aggregate employment dervice of 6 contraceptive pills and intrauterine support for individuals at risk and
months for the last 12 months devices. facilitate access of individuals with
Following surgery caused by mental health conditions to treatment
gynecological disorders under the b. In coordination with other agencies of and psychosocial support.
MAGNA CARTA OF WOMEN (RA the government engaged in the The Philippine HIV and AIDS Policy
9710) promotion of family planning, the Act (Republic Act No. 11166) also
A woman employee regardless of age Department of Labor and Employment prohibits the rejection of job application,
and civil status, can avail of special shall develop and prescribe incentive termination of employment, or other
leave benefits after she has bonus schemes to encourage family discriminatory policies in hiring,
undergone surgery due to planning among female workers in any provision of employment and other
gynecological disorder without establishment or enterprise. related benefits, promotion or
prejudice to an employer allowing her assignment of an individual solely or
to receive her pay before or during partially on the basis of actual,
the surgery DISCRIMINATION perceived or suspected HIV status. This
SSS SICK LEAVE: Policy vs. Bona fide Occupational Qualification law also states that compiled that
A member can be granted sickness policies and practices that discriminate
benefit for a maximum of 120 days in Art. 135. Discrimination prohibited. It shall be on the basis of perceived or actual HIV
one calendar year unlawful for any employer to discriminate against status, sex, gender, sexual orientation,
Any unused portion of the allowable any woman employee with respect to terms and gender identity and expression, age,
120 days sickness benefit CANNOT conditions of employment solely on account of her economic status, disability and ethnicity
BE CARRIED FORWARD AND sex. The following are acts of discrimination: are deemed inimical to national interest.
ADDED TO the total number of a. Payment of a lesser compensation,
allowed compensable days for the including wage, salary or other form of Background checks on applicants
following year remuneration and fringe benefits, to a From the internet: There is no law prohibiting
female employees as against a male background checks on applicants, whether
FOR HUMAN RESOURCE PRACTITIONERS employee, for work of equal value; and conducted by the employer or a third party. There
In rare cases however, you may have concerns are, however, specific laws that apply with respect
that an employee is NOT BEING GENUINE about b. Favoring a male employee over a to applications and background checks.
an illness, in order to avoid work, do less work, or female employee with respect to
gain financial beneft (company sick pay). This is promotion, training opportunities, study The Anti-Age Discrimination in Employment Act
known as MALINGERING and scholarship grants solely on (Republic Act No. 10911) specifically prohibits
When an employee pretends to be ill in account of their sexes. requiring the declaration of age or birth date during
order to escape duty or worl the application process.
What to do if your suspect an employee c. Criminal liability for the willful
is faking illness? commission of any unlawful act as The implementing rules of the Data Privacy Act
1. Keep records of sickness absence provided in this Article or any violation (Republic Act No. 10173) also provide that the
2. Return-to-work interviews of the rules and regulations issued applicant or data subject has a right to be informed
3. Ask for medical evidence pursuant to Sec. 2 hereof shall be if personal data is being collected for purposes of
4. Be careful with social media penalized as provided in Articles 288 profiling, or for other forms of data processing.
5. Conduct a thorough investigation and 289 of this Code: Provided, That Under this law, 'profiling' includes the automated
the institution of any criminal action processing of personal data (defined as information
WOMEN WORKERS under this provision shall not bar the from which the identity of an individual is apparent
Constitutional Provisions: aggrieved employee from filing an or can be ascertained) consisting of the use of such
Article I, Section 14 - The State entirely separate and distinct action for personal data to evaluate certain personal aspects
recognizes the role of women in nation- money claims, which may include relating to a natural person.
building and shall ensure the claims for damages and other
fundamental equality before the law of affirmative reliefs. The actions hereby The Philippine HIV and AIDS Policy Act prohibits
women and men. authorized shall proceed independently the rejection of a job application solely or partially
of each other. (As amended by on the basis of actual, perceived, or suspected HIV
Article XIII, Section 14 - The State Republic Act No. 6725, May 12. 1989) status.
shall protect working women by
providing safe and healthful working MEDICAL EXAMINATIONS
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
These apply to women and men workers. interests of Glaxo. In laying down the assailed
Zialcita vs. Pal - "Flight attendant-applicant must company policy, we recognized that Glaxo only
The Philippine HIV and AIDS Policy Act prohibits be single and they shall be automatically separated dims to protect its interests against the possibility
the rejection of a job application solely or partially in the event they subsequently got married" null that a competitor company will gain access to its
on the basis of actual, perceived, or suspected HIV and void. secrets and procedures.
status.
The requirement that a company policy must be
Access to personal data relating to an employee's reasonable under the circumstances to qualify as a
hepatitis B status is bound by the rules of STAR PAPER CORPORATION ET AL VS. valid exercise of management prerogative was also
confidentiality and is strictly limited to medical SIMBOL, ET AL. G.R. No. 164774 April 12, 2006 at issue in the 1997 case of Philippine Telegraph
personnel or if legally required as stated in DOLE Petitioner contend that their policy will apply when and Telephone Company v. NLRC. In said case,
Department Advisory No. 05-10. one employee marries a co-employee, but they are the employee was dismissed in violation of
free to marry persons other than co-employees. petitioner's policy of disqualifying from work any
Under the Magna Carta for Persons with Disability - The questioned policy may not facially violate woman worker who contracts marriage. We held
medical examination should not be used to deny Article 136 of the Labor Code but it creates a that the company policy violates the right against
employment when it would constitute disproportionate effect under the disparate impact discrimination afforded all women workers under
discrimination. theory, the only way it could pass judicial scrutiny Article 136 of the Labor Code, but established a
is a showing that it is reasonable despite the permissible exception, Viz.
DRUG AND ALCOHOL TESTING ON discriminatory, albeit disproportionate, effect. The
APPLICANTS failure of petitioners to prove a legitimate business Overweight employee
These apply to women and men works: concern in imposing the questioned policy cannot Armando Yrasuegui vs. Philippine Airlines, Inc.,
prejudice the employee’s right to be free from G.R. No. 168081, 17 October 2008. Yrasuegui
There are no restrictions against drug and alcohol arbitrary discrimination based upon stereotypes of was an international flight steward who was
testing, and there is no law prohibiting an employer married persons working together in one company. dismissed because of his failure to adhere to the
from refusing to hire an applicant who refuses to weight standards of the airline company, Philippine
submit to a test. However, the DOLE has issued In challenging the anti-nepotism employment Airlines, Inc.
the Guidelines for the Implementation of a Drug- policies in the United States, complainants utilize The Supreme Court upheld the legality of his
Free Workplace Policies and Programs for the two theories of employment discrimination: dismissal. Obesity can be a ground for dismissal
Private Sector (DOLE Department Order No. 053- (1) the disparate treatment and under Article 282(e) of the Labor Code, viz:
03), which states that only drug-testing centers (2) the disparate impact.
accredited by the Department of Health shall be "A reading of the weight standards of PAL would
utilized for drug testing. Under the disparate treatment analysis, the lead to no other conclusion than that they constitute
plaintiff must prove that an employment policy is a continuing qualification of an employee in order to
RA 9165 - Section 36. (d) Officers and employees discriminatory on its face. No-spouse employment keep the job. Tersely put, an employee may be
of public and private offices. - Officers and policies requiring an employee of a particular sex to dismissed the moment he is unable to comply
employees of public and private offices, whether either quit, transfer, or be fired are facially with his ideal weight as prescribed by the
domestic or overseas, shall be subjected to discriminatory. For example, an employment policy weight standards. The dismissal of the
undergo a random drug test as contained in the prohibiting the employer from hiring wives of male employee would thus fall under Article 282(e) of
company's work rules and regulations, which shall employees, but not husbands of female employees, the Labor Code.
be borne by the employer, for purposes of reducing is discriminatory on its face.
the risk in the workplace. Any officer or employee PROBLEM ON OVERWEIGHT CABIN
found positive for use of dangerous drugs shall be On the other hand, to establish disparate impact, ATTENDANT
dealt with administratively which shall be a ground the complainants must prove that a facially neutral "The business of PAL is air transportation. As such,
for suspension or termination, subject to the policy has a disproportionate effect on a particular it has committed itself to safely transport its
provisions of Article 282 of the Labor Code and class. For example, although most employment passengers. In order to achieve this, it must
pertinent provisions of the Civil Service Law. policies do not expressly indicate which spouse will necessarily rely on its employees, most particularly
be required to transfer or leave the company, the the cabin flight deck crew who are on board the
Can the policy of my employer in hiring young policy often disproportionately affects one sex. aircraft. The weight standards of PAL should be
laborers be considered in contravention with viewed as imposing strict norms of discipline upon
the Age Discrimination Act? NO SPOUSE EMPLOYMENT POLICY its employees.
Age as a qualification for employment is not always These courts also find the no-spouse
considered as a violation of Republic Act (RA) employment policy invalid for failure of The biggest problem with an overweight cabin
10911, or the "Anti-Age Discrimination in the employer to present any evidence attendant is the possibility of impeding passengers
Employment Act." In fact, under Section 6 of the of business necessity other than the from evacuating the aircraft, should the occasion
afore-stated rule, the following exemptions are general perception that spouses in the call for it. The job of a cabin attendant during
provided: same workplace might adversely affect emergencies is to speedily get the passengers out
the business. of the aircraft safely. Being overweight
"It shall not be unlawful for an employer to set necessarily impedes mobility. Indeed, in an
age limitations in employment if: They hold that the absence of such a emergency situation, seconds are what cabin
bona fide occupational qualification attendants are dealing with, not minutes. Three
"(a) Age is a bona fide occupational qualification invalidates a rule denying employment lost seconds can translate into three lost lives.
reasonably necessary in the normal operation of a to one spouse due to the current Evacuation might slow down just because a wide-
particular business or where the differentiation is employment of the other spouse in the bodied cabin attendant is blocking the narrow
based on reasonable factors other than age; same office. aisles. These possibilities are not remote."
(Emphasis and underscoring supplied.)
"(b) The intent is to observe the terms of a bona Thus, they rule that unless the
fide seniority system that is not intended to evade employer can prove that the reasonable Yrasegui stands five feet and eight inches (5'8")
the purpose of this Act: demands of the business require a with a large body frame. The proper weight for a
distinction based on marital status and man of his height and body structure is from 147 to
"(c) The intent is to observe the terms of a bona there is no better employee's spouse. 166 pounds, the ideal weight being 166 pounds, as
fide employee retirement or a voluntary early This is known as the bona fide mandated by the Cabin and Crew Administration
retirement plan consistent with the purpose of this occupational qualification exception. Manual of PAL. He was overweight at 215 pounds,
Act: Provided, That such retirement or voluntary which is 49 pounds beyond the limit.
retirement plan is in accordance with the Labor The concept of a bona fide occupational
Code, as amended, and other related laws; or qualification is not foreign in our jurisdiction. We MADE IN USA
employ the standard of reasonableness of the BONA FIDE OCCUPATIONAL QUALIFICATION
"(d) The action is duly certified by the Secretary of company policy which is parallel to the bona fie (BFOQ)
Labor and Employment in accordance with occupational qualification requirement. There are situations where employment
compiled pf this Act." Thus, age requirement is discrimination is allowable under both federal and
allowed if the same is a bona fide occupational In the recent case of Duncan Association of NYS law. An employer can discriminate if the
qualification in the business of the employer. Detailman-PTGWO and Pedro Tacsonv Glaxo employer establishes a lawful job-related reason for
Welcome Philippines, Inc., we passed on the the discrimination! This is called a bona fide
Stipulation against marriage validity of the policy of a pharmaceutical company occupational qualification or BFOQ.
Art. 136. Stipulation against marriage. It shall be prohibiting its employees from marrying employees
unlawful for an employer to require as a condition of any competitor company. We held that Glaxo So how does BFOQ work? Here are some
of employment or continuation of employment that has a right to guard its trade secrets, manufacturing examples found by the courts as acceptable
a woman employee shall not get married, or to formulas, marketing strategies and other reasons to discriminate in hiring:
stipulate expressly or tacitly that upon getting confidential programs and information from 1. Mandatory retirement age requirements
married, a woman employee shall be deemed competitors. We considered the prohibition against were allowed for airline pilots because
resigned or separated, or to actually dismiss, personal or marital relationships with employees of safety was the primary concern and
discharge, discriminate or otherwise prejudice a competitor companies upon Glaxo's employees airlines could show that older pilots
woman employee merely by reason of her reasonable under the circumstances because were significantly less safe once they
marriage. relationships of that nature might compromise the reached a certain age.
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
Two factors necessary to justify bona fide
2. Male clothing designers were allowed to occupational qualification, to wit: Tropical's ground for terminating Belga is her
legally advertise for male models only, "While a marriage or no-marriage qualification may alleged concealment of pregnancy It argues that
since female models wouldn't be able to be justified as a "bona fide occupational such non-disclosure is tantamount to dishonesty
model men's clothing as intended. qualification," the company must prove two factors and impresses upon this Court the importance of
necessitating its imposition, viz.: Belga's position and the gravity of the disruption
3. Churches were allowed to legally hire (1) that the employment qualification is reasonably her unexpected absence brought to the company.
only members of their own church and related to the essential operation of the job Tropical also charges Belga with insubordination for
faith and reject clergy from other involved; and refusing to comply with its direction to report for
religions. (2) that there is a factual basis for believing that all work and to explain her absence.
or substantially all persons meeting the qualification
4. An airline was allowed to hire only pilots would be unable to properly perform the duties of Night club workers - employees under Art 138
of a certain religious background. Why? the job." Art. 138. Classification of certain women
Because one the countries that the workers.
airline flew over prohibited, under No termination during pregnancy Any woman who is permitted or suffered to work,
punishment of death, the presence of Art. 137. Prohibited acts. It shall be unlawful for with or without compensation, in any night club,
people outside of a certain religion. any employer: cocktail lounge, massage clinic, bar or similar
1. To deny any woman employee the benefits establishments under the effective control or
MORE ON BFOQ provided for in this Chapter or to discharge any supervision of the employer for a substantial period
Title VII permits discrimination on the basis of woman employed by him for the purpose of of time as determined by the Secretary of Labor
"religion, sex, or national origin in those instances preventing her from enjoying any of the benefits and Employment, shall be considered as an
where religion, sex, or national origin is a bona fide provided under this Code. employee of such establishment for purposes of
occupational qualification reasonably necessary to labor and social legislation.
the normal operation of the particular business or 2. To discharge such woman on account of her
enterprise." This exception has also been extended pregnancy, or while on leave or in confinement due REPUBLIC ACT NO. 10151
to discrimination based on age through the Age to her pregnancy; AN ACT ALLOWING THE EMPLOYMENT OF
Discrimination in Employment Act (ADEA). This NIGIIT WORKERS, THEREBY REPEALING
exception does not apply to discrimination based 3. To discharge or refuse the admission of such ARTICLES 130 AND 131 OF PRESIDENTIAL
on race. NYS has also adopted the federal rule that woman upon returning to her work for fear that she DECREE NUMBER FOUR HUNDRED FORTY-
race cannot be a justification for BFOQ may again be pregnant. TWO, AS AMENDED, OTHERWISE KNOWN AS
discrimination. THE LABOR CODE OF THE PHILIPPINES
CASE: DEL MONTE PHILIPPINES, INC., VS.
So, what if a role in movie or play calls for a black LOLITA VELASCO, G.R. NO. 153477 March 6,
"Article 154. Coverage. - This chapter' shall apply
male or female actress? Can a director discriminate 2007
to all persons, who shall be employed or permitted
in hiring an actor to play the role by excluding white Petitioner's reliance on the jurisprudential rule that
or suffered to work at night, except those employed
actors? The answer is no. Title Vll and the NYS's the totality of the infractions of an employee may be
in agriculture, stock raising, fishing, maritime
HRL make so exception for such situations. taken into account to justify the dismissal, is
transport and inland navigation, during a period of
However, a director can choose an actor based on tenuous considering the particular circumstances
not less than seven (7) consecutive hours,
the actor's physical characteristics. obtaining in the present case. Petitioner puts much
including the interval from midnight to five o'clock in
emphasis on respondent's "long history" of
the morning, to be determined by the Secretary of
Some company policies may be interpreted as unauthorized absences committed several years
Labor and Employment, after consulting the
discriminatory beforehand. However, petitioner cannot use these
workers representatives/labor organizations and
The defense of the employer against such claim is previous infractions to lay down a pattern of
employers.
that it is Bona fide Occupational qualification absenteeism or habitual disregard of company
(BFOQ) . rules to justify the dismissal of respondent.
'Night worker' means any employed person whose
work requires performance of a substantial number
"Employment in particular jobs may not be limited The undeniable fact is that during her complained
of hours of night work which exceeds a specified
to persons of a particular sex, religion, or national absences in 1994, respondent was pregnant and
limit. This limit shall be fixed by the Secretary of
origin unless the employer can show that sex, suffered related illnesses.
Labor after consulting the workers'
religion, or national origin is an actual qualification
representatives/labor organizations and employers.
for performing the job. The qualification is called a Again, it must be stressed that respondent's
bona fide occupational qualification (BFOQ). discharge by reason of absences caused by legal
Health assessment
basis in considering these absences together with
"Article 155. Health Assessment. - At their
Test to determine validity of employment policy her prior infractions as gross and habitual neglect.
request, workers shall have the right to undergo a
In British Columbia Public Service Employee
health assessment without charge and to receive
Commission (BSPSERC) v. The British Columbia The Court finds no cogent reason to disturb the
advice on how to reduce or avoid health problems
Government and Service Employee's Union findings of the NRC and the CA that the respondent
associated with their work:
(BCGSEU), the Supreme Court of Canada adopted was able to subsequently justify her absences in
(a) Before taking up an assignment as a night
the so-called "Meiorin Test" - test in determining accordance with company rules and policy; that the
worker;
whether an employment policy is justified. Under respondent was pregnant at the time she incurred
(b) At regular intervals during such an assignment;
this test: the absences; that this fact of pregnancy and its
and
(1) the employer must show that it adopted the related illnesses had been duly proven through
(c) If they experience health problems during such,
standard for a purpose rationally connected to the substantial evidence; that the respondent
an assignment which are not caused by factors
performance of the job; attempted to file leaves of absence but the
other than the performance of night work.
(2) the employer must establish that the standard is petitioner's supervisor refused to receive them; that
reasonably necessary to the accomplishment of she could not have filed prior leaves due to her
"With the exception of a finding of unfitness for
that work-related purpose; and continuing condition; and that the petitioner, in the
night work, the findings of such assessments shall
(3) the employer must establish that the standard is last analysis, dismissed the respondent on account
not be transmitted to others without the workers'
reasonably necessary in order to accomplish the of her pregnancy, a prohibited act.
consent and shall not be used to their detriment."
legitimate work-related purpose.
CASE: LAKPUE DRUG, INC., ET AL, VS, MA,
TO JUSTIFY A BFOQ LOURDES BELGA, G.R. No. 166379 October 20,
Star Paper Corporation v. Simbol, G.R. NO. 2005
Mandatory facilities for workers performing
164774, 12 April 2006 - to justify a BFOQ, the In the instant case, the alleged misconduct of Belga
night work
employer must prove that: barely falls within the situation contemplated by the
"Article 156. Mandatory Facilities. - Suitable first
(1) the employment qualification is reasonably law. Her absence for 16 days was justified
aid facilities shall be made available for workers
related to the essential operation of the job considering that she had just delivered a child,
performing night work, including arrangements
involved; and which can hardly be considered a forbidden act, a
where such workers, where necessary, can be
(2) that there is factual basis for believing that all or dereliction of duty, much less does it imply wrongful
taken immediately to a place for appropriate
substantially all persons meeting the qualification intent on the part of Belga, Tropical harps on the
treatment. The employers are likewise required to
would be unable to properly perform the duties of alleged concealment by Belga of her pregnancy.
provide safe and healthful working conditions and
the job. This argument, however, begs the question as to
adequate or reasonable facilities such as sleeping
how one can conceal a full-term pregnancy. We
or resting quarters in the establishment and
In short, the test of reasonableness of the company agree with respondent's position that it can hardly
transportation from the work premises to the
policy is used because it is parallel to BFOQ. escape notice how she grows bigger each day.
nearest point of their residence subject to
BFOQ is valid "provided it reflects an inherent While there may be instances where the pregnancy
exceptions and guidelines to be provided by the
quality reasonably necessary for satisfactory job may be inconspicuous, it has not been sufficiently
DOLE."
performance. proven by Tropical that Belga's case is such.
Transfer of night workers
Two factors necessary to justify BFOQ Belga's failure to formally inform Tropical of her
"Article 157. Transfer. - Night workers who are
Capin-Cadiz vs. Brent Hospital and Colleges, pregnancy cannot be considered as grave
certified as unfit for night work, due to health
Inc. G.R. No. 187417. 24 February 2016 misconduct directly connected to her work as to
reasons, shall be transferred, whenever
constitute just cause for her separation.
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
practicable, to a similar job for which they are fit to Section 6. All crimes defined and penalized by the Such privileged information shall be
work. Revised Penal Code, as amended, and special inadmissible in evidence except when
laws, if committed by, through and with the use of the suit involves the employer or any
"If such transfer to a similar job is not practicable, information and communications technologies shall member of the household in a crime
these workers shall be granted the same benefits be covered by the relevant provisions of this Act: against persons, property, personal
as other workers who are unable to work, or to Provided, That the penalty to be imposed shall be liberty and security, and chastity
secure employment during such period. one – degree higher than that provided for by the SEC. 11. EMPLOYMENT CONTRACT
RPC, as amended, and special laws, as the case An employment contract shall be
"A night worker certified as temporarily unfit for may be. executed by and between the
night work shall be given the same protection domestic worker and the employer
against dismissal or notice of dismissal as other before the commencment of the
workers who are prevented from working for service in a language or dialect
reasons of health." understood by both the domestic
RA 10361 - AN ACT INSTITUTING POLICIES worker and the employer.
"Article 158. Women Night Workers. - Measures FOR THE PROTECTION AND WELFARE OF The domestic worker shall be
shall be taken to ensure that an alternative to night DOMESTIC WORKERS provided a copy of the duly signed
work is available to women workers who would employment contract which must
otherwise be called upon to perform such work: Definitions include the following:
Domestic Work: Refers to work performed A. Duties and responsibilities of the
"(a) Before and after childbirth, for a period of at in or for a household/s domestic worker
least sixteen (16) weeks, which shall be divided Domestic Worker/Kasambahay: Any B. Period of employment
between the time before and after childbirth; " perdon engaged in domestic work within an C. Compensation
employment relationship such as, but not D. Authorized deductions
“(b) For additional periods, in respect of winch a limited to, the following: E. Hours of work and proportionate
medical certificate IS produced stating that said 1. General househelo additional payment
additional periods are necessary for the health of 2. Nursemaid/yaya F. Rest days and allowable leaves
the mother or child: 3. Cook G. Board, lodging and medical
4. Gardener attention
"(1) During pregnancy; 5. Laundry person H. Agreements on deployment
But shall EXCLUDE ANY PERSON expenses, if any
"(2) During a specified time beyond the period, after who performs domestic work ONLY I. Loan agreement
childbirth is fixed pursuant to subparagraph (a) OCCASIONALLY or sporadically and J. Termination of employment
above, the length of which shall be determined by not an occupational basis K. Any other lawful condition agreed
the DOLE after consulting the labor organizations The term shall not include children upon by both parties
and employers. who are under foster family
arrangement, and are provided Weekly Rest Period
Continuation on night workers access to education and given an SEC. 21 WEEKLY REST PERIOD
'(i) A woman worker shall not be dismissed or given allownce incidental to education The domestic worker shall be entitled
notice of dismissal, except for just or authorized (baon, transportation, school projects, to at least 24 CONSECUTIVE
causes provided for in this Code that are not and school activities) HOURS OF REST IN A WEEK
connected with pregnancy, childbirth and childcare The employer and the domestic
responsibilities, Board, Lodging and Medical Assistance worker shall agree in writing on the
SEC. 5. STANDARD OF TREATMENT schedule of the weekly rest day of the
'(ii) A woman worker shall not lose the benefits The employer or any member of the domestic worker
regarding her status, seniority, and access to household shall not subject a PROVIDED that the employer shall
promotion which may attach to her regular night domestic worker or kasambahay to respect the preference of the
work position. any kind of abuse nor inflict any form domestic worker as to the weekly rest
of physical violence or harassment or day when such preference is BASED
"Pregnant women and nursing mothers may be any act to degrade the dignity of a ON RELIGIOUS GROUNDS
allowed to work .at night only if a competent domestic worker Nothing in this provision shall deprive
physician, other than the company physician, shall SEC. 6. BOARD, LODGING AND MEDICAL the domestic worker and the
certify their fitness to render night work, and ASSISTANCE employer from agreeing to the
specify, in the case of pregnant employees, the The employer shall provide for the following:
period of the pregnancy that they can safely work. basic necessities of the domestic A. Offsetting a day of absence with a
worker to include at least 3 particular rest day
"During the periods referred to in this article: "The ADEQUATE MEALS A DAY and B. Waiving a particular rest day in
measures referred to in this article may include humane sleeping arrangements that return for an equivalent daily rate of
transfer to day work where this is possible, the ensure safety pay
provision of social security benefits or an extension The employer shall provide C. Accumulating rest days not
of maternity leave. appropriate rest and assistance to the exceeding five days
domestic worker in case of illnesses D. Other similar arrangements
"The provisions of this article shall not leave the and injuries sustained during service
effect of reducing the protection and benefit without loss of benefits Payslip
maternity leave under existing laws. At no instance shall the employer SEC. 26. PAYSLIP
withdraw or hold in abeyance the The employer shall at all times
NIGHT WORK SCHEDULES provision of these basic necessities as provide the domestic worker with a
"Article 161. Night Work Schedules. punishment or disciplinary action to copy of the payslip containing the
Before introducing work schedules requiring the the domestic worker amoung paid in cash every pay day,
services of night workers, the employer shall and indicating all deductions made, if
consult the workers' representatives/labor Right to Education and Training any
organizations concerned on the details of such SEC. 9. RIGHT TO EDUCATION AND The copies of the payslip shall be
schedules and the forms of organization of night TRAINING kept by the employer for a period of
work that are best adapted to the establishment The employer shall afford the THREE YEARS
and its personnel, as well as on the occupational domestic worker the opportunity to SEC. 27, PROHIBITION ON
health measures and social services which are finish basic education and may allow INTERFERENCE IN THE DISPOSAL OF
required. access to alternative learning system WAGES
and, as far as practicable, higher It shall be unlawful for the employer to
In establishments employing night workers, education or technical and vocational interfere with the freedom of any
consultation shall take place regularly. training. domestic worker to dispose of the
The employer shall adjust the work latter’s wages
REPUBLIC ACT NO. 10175 schedule of the domestic worker to The employer shall not force, compel
"Cybercrime Prevention Act of 2012". allow such access to education or or oblige the domestic worker to
training wihtout hampering the purchase merchandise, commodities
Section 4. Cybercrime Offenses. The following services required by the employer or other properties from the employer
acts constitute the offense of cybercrime SEC. 10. PROHIBITION AGAINST of from any other person, or otherwise
punishable under this Act: PRIVILEGED INFORMATION make use of any store or services of
All communication and information such employer or any other person
Libel pertaining to the employer or
The unlawful or prohibited acts of libel as defined in members of the household shall be Withholding of Wages and Leave
Article 355 of the Revised Penal Code, as treated as privileged and confidential, SEC. 28. PROHIBITION AGAINST
amended, committed through a computer system and shall not be publicly disclised by WITHHOLDING OF WAGES
or any other similar the domestic worker during and after
employment
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
It shall be unlawful for an employer, efforts before a decision shall be pay the homeworker or the
directly or indirectly, to withhold the rendered contractor/subcontractor as the case may
wages of the domestic worker Ordinary crimes or offenses be… less corresponding homeworkers’
If the domestic worker leaves wihtout committed under the RPC and other share of SSS Medicare and ECC premium
any justifieable reason, any unpaid special penal laws by either party contributions
salary for a period not exceeding 15 shall be filed with the regular courts
DAYS SHALL BE FORFEITED Standard Rates
Likewise, the employer shall not CASE: APEX MINING COMPANY, INC. VS NLRC SECTION 7: Standard output rate or
induce the domestic worker to give up AMD SINCLITICA CANDIDO standard minimum rate must be established
any part of the eages by force, The time and motion studies shall be
stealth, intimidation, threat or by any Issue: Is the househelper in the staff houses of an undertaken by the Regional Office
other means whatsoever indutrial company a domestic helper or a regular SECTION 8: Deduction for the value of
SEC. 29. LEAVE BENEFITS employee of the said firm? materials which have been lost or damaged
A domestic worker who has rendered Due process must be observed
AT LEAST 1 YEAR OF SERVICE Facts: Amount must be fair and reasonable
shall be entitled to an annual service Private respondent Candido was employed and not exceed the actual loss or
incentive leave of five days with pay by petitioner Apex Mining Company, Inc on damage
PROVIDED, that any unused portion May 18, 1973 to perform laundry services at
of said annual leave shall not be its staff house located at Masara, Maco, Solidary Liability
cumulative or carried over to the Davao del Norte SECTION 11: The employer shall be
succeeding years In the beginning, she was paid on a piece solidarily liable with the contractor if the
Unused leaves shall not be converted rate basise employees are not properly paid.
to cash However, on January 17, 1982, she was
paid on a monthly basis at P250.00 a month TITLE 3 CHAPTER II - EMPLOYMENT OF
SSS, PHILHEALTH, PAG-IBIG which was ultimately increased to P575.00 a MINORS
SEC. 30. SOCIAL AND OTHER BENEFITS month ART. 137. Minimum Employable Age.
A domestic worker who has rendered On December 18, 1987, while she was (a) No child below fifteen (15) years of age shall be
AT LEAST ONE MONTHE OF attending to her assigned tas and she was employed, except when he works directly under the
SERVICEshall be covered by the hanging her laundry, she accidentally sole responsibility of his parents or guardian, and
SSS, PhilHealth, and Pag-ibig, andd slipped and hit her back on a stone. his employment does not in any way interfere with
shall be entitled to all the benefits in She reported the accident to her immediate his schooling.
accordance with the pertinent supervisor and to the personnel officer.
provisions provided by law (b) Any person between fifteen (15) and eighteen
Premium payments or contributions Ruling: (18) years of age may be employed for such
shall be shouldered by the employer She is not a househelper but a regular number of hours and such periods of the day as
However, if the domestic worker is employee of the company determined by the Secretary of Labor and
receiving a WAGE OF 5,000 and Employment in appropriate regulations.
above monthly, the domestic worker EMPLOYMENT OF HOME WORKERS
shall pay the proportionate share in ART. 153, REGULATION OF INDUSTRIAL (c) The foregoing provisions shall in no case allow
the premium payments or HOMEWORKERSb the employment of a person below eighteen (18)
contributions, as provided by law The employment of industrial years of age in an undertaking which is hazardous
homeworkers and field personnel or deleterious in nature as determined by the
Termination of Service shall be regulated by the government Secretary of Labor and Employment.
SEC. 32. TERMINATION OF SERVICE through the appropriate regulations
Neither the domestic worker nor the issued by the Secretary of Labor and RA 9231 - against child abuse
employer may terminate the contract Employment to ensure the general Republic Act No. 9231 December 19, 2003 AN
before the expiration of the term welfare and protection of ACT PROVIDING FOR THE ELIMINATION OF
EXCEPT for grounds provided for in homeworkers and field personnel and THE WORST FORMS OF CHILD LABOR AND
Sections 33 and 34 of this Act the industries employing them AFFORDING STRONGER PROTECTION FOR
If the domestic worker is UNJUSTLY ART. 155. DISTRIBUTION OF THE WORKING CHILD, AMENDING FOR THIS
DISMISSED, tje domestic worker HOMEWORK PURPOSE REPUBLIC ACTNO. 7610, AS
shall be paid the compensation For purposes of this Chapter, the AMENDED, OTHERWISE KNOWN AS THE
already earned PLUS the equivalent “employer” of homeworkers includes: "SPECIAL PROTECTION OF CHILDREN
of 15 DAYS WORK by way of Any person AGAINST CHILD ABUSE, EXPLOITATION AND
indemnity. Natural or artificial DISCRIMINATION ACT"
If the domestic worker leaves without Who, for his account or benefit,
justifiable reason, any unpaid salary Or on behalf of any person It provides for special protection to children from all
due NOT EXCEEDING THE residing outside the country forms of abuse, neglect, cruelty, exploitation and
EQUIVALENT 15 DAYS WORK Directly or indirectly or through discrimination, and other conditions prejudicial to
SHALL BE FORFEITED an employee, agent contractor, their development including child labor and its worst
In addition, the employer may recover subcontractor, or any other forms. The law provides for minimum employable
from the domestic worker costs person: age; hours of work of a working child; prohibition on
incurred related to the deployment 1. Delivers, or causes to be the engagement of children in worst forms of child
expenses, if any delivered, any goods, articles labor; and provides administrative and criminal
PROVIDED, that the service has or matetials to be processed or sanctions for violations.
been TERMINATED WITHIN 6 fabricated in or about a home
MONTHS from the domestic worker’s and thereafter to be returned Policy on protection to children
employment or to be disposed of or "Sec. 2. Declaration of State Policy and
If the duration of the domestic service ditributed in accourdance with Principles. - It is hereby declared to be the policy
is not determined either in stipulation his directions of the State to provide special protection to children
or by the nature of the service, the 2. Sells any goods, articles or from all forms of abuse, neglect, cruelty,
employer or the domestic worker may materials to be processed or exploitation and discrimination, and other
give notice to end the working fabricated in or about a home conditions prejudicial to their development including
relayionship 5 DAYS BEFORE THE and then rebuys them after child labor and its worst forms; provide sanctions
INTENDED TERMINATION OF THE such processing or fabrication, for their commission and carry out a program for
SERVICEB either by himself or through prevention and deterrence of and crisis intervention
The domestic worker and the some other person. in situations of child abuse, exploitation and
employer may mutually agree upon discrimination. The State shall intervene on behalf
written notice to pre-terminate the DO NO. 5, SERIES OF 1992 of the child when the parent, guardian, teacher or
contract of employment to end the person having care or custody of the child fails or is
employment relationship Definition: unable to protect the child against abuse,
Industrial homework/homeworker exploitation and discrimination or when such acts
Settlement of Disputes Employer of homeworker against the child are committed by the said parent,
SEC. 37. MECHANISM FOR SETTLEMENT Contractor/Subcontractor guardian, teacher, etc. having care and custody of
OF DISPUTES the same.
All labor-related disputes shall be Registration of Homeworkers Organization
elevated to the DOLE Regional Office Section 4, Rule XIV Definition of children and child labor
having jurisdiction over the workplace Entitled to the rights and privileges granted Children - refers to persons below
without prejudice to the filing of a civil by law to legitimate organizations eighteen (18) years of age or those
or cirminal action in appropriate cases over but are unable to fully take care of
The DOLE Regional Office shall Payment of Homeworker themselves or protect themselves from
exhaust all conciliation and mediation SECTION 6: Immediately upon receipt of the abuse, neglect, cruelty, exploitation or
finished goods or articles, the employer shall
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
discrimination because of a physical or 2) when the child's employment or participation in The wages, salaries, earnings and other income of
mental disability/condition. (Section 3) public entertainment or information is essential, the working child shall belong to him/her in
Child labor - refers to the illegal regardless of the extent of the child's role, Such ownership and shall be set aside primarily for
employment of children below the age employment shall be strictly under the following his/her support, education or skills acquisition and
of fifteen (15), where they are not conditions (Dept, Order No, 65-04): secondarily to the collective needs of the family:
directly under the sole responsibility of Provided, That not more than twenty percent (20%)
their parents or legal guardian, or the A) total number of hours worked of the child's income may be used for the collective
latter employs other workers apart from shall be in accordance with the needs of the family.
their children, who are not members of Rules
their families, or their work endangers B) does not endanger the child's life, "The income of the working child and/or the
their life, safety, health and morals or safety, health and morals, nor property acquired through the work of the child
impairs their normal development impair the child's normal shall be administered by both parents. In the
including schooling. This also extends development absence or incapacity of either of the parents, the
to the situation of children below the C) the child is provided with at least other parent shall administer the same. In case
age of eighteen (18) who are employed the mandatory and secondary both parents are absent or incapacitated, the order
in hazardous occupations. education of preference on parental authority as provided for
D) the employer secure work permit under the Family Code shall apply.
for the child
Sec. 12. Employment of Children - Children
Sec. 12-D. Prohibition Against Worst Forms of
below fifteen (15) years of age shall not be
Hours of Work of a Working Child Child Labor. - No child shall be engaged in the
employed except
(1) A child below fifteen (15) years of age may be worst forms of child labor. The phrase "worst forms
allowed to work for not more than twenty (20) hours of child labor" shall refer to any of the following:
(1) When a child works directly under the sole
a week: Provided, That the work shall not be more
responsibility of his/her parents or legal guardian
than four (4) hours at any given day; "d) Involves the use of dangerous machinery,
and where only members of his/her family are
equipment and tools such as power-driven or
employed: Provided, however, That his/her
(2) A child fifteen (15) years of age but below explosive power- actuated tools; or
employment neither endangers his/her life, safety,
eighteen (18) shall not be allowed to work for more
health, and morals, nor impairs his/her normal
than eight (8) hours a day, and in no case beyond "e) Exposes the child to physical danger such as,
development: Provided, further, That the parent or
forty (40) hours a week; but not limited to the dangerous feats of balancing,
legal guardian shall provide the said child with the
physical strength or contortion, or which requires
prescribed primary and/or secondary education; or
(3) No child below fifteen (15) years of age shall be the manual transport of heavy loads; or
allowed to work between eight o'clock in the
(2) Where a child's employment or participation in
evening and six o'clock in the morning of the "f) Is performed in an unhealthy environment
public entertainment or information through cinema,
following day and no child fifteen (15) years of age exposing the child to hazardous working conditions,
theater, radio, television or other forms of media is
but below eighteen (18) shall be allowed to work elements substances, co-agents or processes
essential: Provided, That the employment contract
between ten o'clock in the evening and six o'clock involv radiation, fire, flammable substance
is concluded by the child's parents or legal
in the morning of the following day." components and the like, or to extreme noise
guardian, with the express agreement of the child
levels, or vibrations; or xxx
concerned, if possible, and the approval of the
Children are allowed to undertake work under
Department of Labor and Employment: Provided,
certain conditions Children in advertisement
further, That the following requirements in all
Children are allowed to undertake work under Section 5. Section 14 of the same Act is hereby
instances are strictly complied with:
certain conditions. amended to read as follows:
A child below 15 years old can be
(a) The employer shall ensure the protection,
permitted to work if he/she is under "Sec. 14. Prohibition on the Employment of
health, safety, morals and normal development of
supervision by family senior/ parents Children in Certain Advertisements. - No child
the child;
provided that the child works directly shall be employed as a model in any advertisement
under the sole responsibility of his/her directly or indirectly promoting alcoholic beverages,
(b) The employer shall institute measures to
parents or legal guardian and where intoxicating drinks, tobacco and its byproducts,
prevent the child's exploitation or discrimination
only members of his/her family are gambling or any form of violence or pornography.”
taking into account the system and level of
employed.
remuneration, and the duration and arrangement of
The child's employment does not Sec. 12-C. Trust Fund to Preserve Part of the
working time; and
endangers his/her life, safety, health, Working Child's Income. - The parent or legal
and morals, or impairs his/her normal guardian of a working child below eighteen (18)
(c) The employer shall formulate and implement,
development. years of age shall set up a trust fund for at least
subject to the approval and supervision of
The parent or legal guardian shall thirty percent (30%) of the earnings of the child
competent authorities, a continuing program for
provide the said child with the whose wages and salaries from work and other
training and skills acquisition of the child. "In the
prescribed primary and/or secondary income amount to at least two hundred thousand
above-exceptional cases where any such child may
education. pesos (P200,000.00) annually, for which he/she
be employed, the employer shall first secure,
The employer first secures a work shall render a semi-annual accounting of the fund
before engaging such child, a work permit from the
permit for the child from the Department to the Department of Labor and Employment, in
Department of Labor and Employment which shall
of Labor and Employment (DOLE). compliance with the provisions of this Act. The child
ensure observance of the above requirements.
shall have full control over the trust fund upon
Children aged 15 to below 18 years of age are reaching the age of majority.
For purposes of this Article, the term "child" shall
permitted to work in any economic activity not
apply to a child eighteen (18) years of age.
considered child labor, but not more than (8) hours TRAINING AND EMPLOYMENT OF SPECIAL
a day and in no case beyond forty (40) hours per WORKERS
Working child
week. A child shall not be allowed to work between
Child refers to any person less than 18 years of
10:00 P.M. and 6 following day, and employer REQUISITES FOR EMPLOYMENT OF
age.
should provide the child -- at least elementary and APPRENTICES
secondary education.
Working Child --
Employer is engaged in a business that is
A) when the child is below 18 in work or
Hazardous work considered highly technical industry - one
economic activity that is not a child
Chemical - work involves exposure to: that utilizes the application of advanced
labor
Dust (e.g. silica, dust, standing dust), technology
B) when the child below 15:
Liquid (e.g. oil, gasoline, mercury), Mist, Apprentice MUST WORK apprenticeable
1) in a work where he is under the
fumes, or vapors (e.g. paint, occupation
responsibility of his parents/guardian
insecticides or pesticide spraying), Gas Labor Code says 14 YEARS OLD (ART. 59)
and where only members of the family
(e.g. oxygen, ammonia), etc. But RA 7610 as amended by RA
of the child are employed; or
Physical - work involves exposure to: 7658
Noise, Temperature or humidity, Explicitly prohibits employment
2) in public entertainment or information
Pressure, Inadequate illumination or of children below 15 years of
which refers to artistic, literary and
lighting, Slip, trip, or fall hazards, age
cultural performances, etc.
Insufficient exit for prompt escape,
Congested lay-out Radiation, ultraviolet, CASE: NITTO ENTERPRISES V. NLRC
Prohibition on the employment of children
or microwave, etc. Apprenticeship Agreement must first be
below 15, exceptions and conditions, General
Biological - work involves exposure to: approved by TESDA before the apprentice
rule; No child below 15 shall be employed,
Viral, Bacterial, Fungal, Parasitic (e.g. starts to work otherwise he shall be
permitted or suffered to work
drinking water affected with amoeba), considered as regular employee and as
etc such, entitled to all the rights and privileges
Exceptions:
appurtenant thereto.
1) when the work under the responsibility of his
Income of the child No valid agreement
parents/guardians provided only members of the
Sec. 12-B. Ownership, Usage and
family are employed;
Administration of the Working Child's Income. -
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
The worker is considered a regular HANDICAPPED WORKERS PROVIDED FURTHER, that after the laps
employee and entitled to all rights and of the period of apprenticeship, if found
benefits as such ART. 78 satisfactory in the job performance, they
He is entitled to security of tenure as Handicapped workers are those whose shall be eligible for employment
a regular employee earning capacity is impaired by age or
physical or mental deficiency or injury SECTION 32 - DISCRIMINATION ON
LEARNERS EMPLOYMENT
Art. 73 - DEFINITION OF LEARNERS ART. 80 - EMPLOYMENT AGREEMENT No entity, whether public or private, shall
Learners are persons Any employer who employs handicapped discriminate against a qualified disables
Hired as trainees in semi-skilled and workers shall enter into an employment person by reson of disability in regard to
other industrial occupations agreement with them, which agreement shall Job application procedures
Which are non-apprenticeable and include: Hiring
which may be learned through A. The names and addresses of the Promotion
practical training on the job handicapped workers to be employed Discharge of employees
In a relatively short period of time B. The rate to be paid the handicapped Employee compensation
Which shall not exceed 3 months workers which shall be not less than 75% of Job training
Art. 74 - WHEN LEARNERS MAY BE the applicable legal minimum wage Other terms, conditions, and
HIRED C. The duration of employment period privileges of employment
Learners may be employed when no D. The work to be performed by Dismissing or terminating the services of
experiences workers are available handicapped workers a disabled employee by reason of his
The employment of learners is The employment agreement shall be disability unless the employer can prove
necessary to prevent curtailment of subject to inspection by the Secretary of that he impairs the satisfactory
employment opportunities, and Labor and Employment or his duly performance of the person involved to the
The employment does not create authorized representatives prejudice of the business entities
unfair competition in terms of labor PROVIDED HOWEVER, that the
costs or impair lower working MAGNA CARTA FOR DISABLED PERSONS employment sought provide reasonable
standards accommodations for disabled persons
The stipulated period through no fault of the RA 7277 - An Act Providing for the
learners Rehabilitation, Self-Development and Self-
The learnership agreement shall be subject Reliance of Disabled Person and Their SAME TERMS AND CONDITIONS TO
to inspection by the Integration into the Mainstream of Society and QUALIFIED DISABLED PERSONS
Secretary of Labor and Employment for Other Purposes
or CASE: BERNARDO ET AL VS. NLRC
His duly authorized representative A. Disabled Persons:
ART. 75 - CONTENTS OF LEARNERSHIP Those suffering from restriction of The Magna Carta for Disabled Persons
AGREEMENT different abilities, as a result of a mandates
The names and addresses of the mental, physical or sensort That qualified disabled persons be granted
learners impairment, to perform an activity in the same terms and conditions of
The duration of the learnership the manner or within the range employment as qualified able-bodied
period, which shall not exceed 3 considered normal for a human being employees.
months B. Disability : Shall mean Once they have attained the status of
The wages/salary rates of the a) Physical or mental impairment that regular workers, they should be accorded all
learners which shall begin at not less substantially limits one or more the benefits granted by law, notwithstanding
than 75% of the applicable minimum psychological, physiological or written or verbal contracts to the contrary
wage anatomical function of an individual or This treatmen is rooted not merely on charity
Commiment to employ the learners if activities of such individual or accommodation, but on JUSTICE FOR
they so desire, as regular employees b) A record of such an impairment ALL
upon completion of the learnership c) Being regarded as having such an
All learners who have been impairment FACTS:
allowed or suffered to work C. Handicap: 43 complainants are deaf-mutes who were
during the first 2 months shall Refers to a disadvantage for a given hired on various periods from 1988 to 1994
be deemed regular individual resulting from an by Far East Bank and Trust Co as Money
employees if training is impairment or a disability that limits or Sorters and Counters through a uniformly
terminated by the employer prevents the functioning of an activity, worded agreement called Employment
before the end of the stipulated that is considered normal given the Contract for Handicapped Workers
period through no fault of the age and sex of the individual Discaliming that complainants were regular
learners employees, the Bank maintained that they
Section 5 - EQUAL OPPORTUNITY FOR are special class of workers
DIFFERENCE BETWEEN APPRENTICESHIP EMPLOYMENT Hearing-impaired employees
AND LEARNERSHIP No disabled persons shall be denied Hired temporarily under a special
Read zucena Book access to opportunities for suitable employment arrangement
FROM TESDA employment Out of an overtures made by some
Apprenticeship Program is a training and A qualified disabled employee shall civic and political personalities to the
employment program involving a contract be subject to the same terms and respondent Bank
between an apprentice and an employer on conditions of employment and the
an approved apprenticeable occupation. same RULING
Generally, it aims to provide a mechanism Compensation At the outset, let it be known that this Court
that will ensure availability of qualified skilled Privileges appreciates the nobility of private
workers based on industry requirements. Benefits respondent’s effort to provide employment to
The period of apprenticeship covers a Fringe benefits physically impaired individuals and to make
minimum of four months and a maximum of Incentives or allowances them more productive members of society.
six months. Only companies with approved As a qualified able-bodied person However, we cannot allow it to elude the
and registered apprenticeship programs The 5% of all casual, emergency and legal consequences of that effort, simply
under TESDA can be hire apprentices. contractual positions in the DSWD because it noe deems their employment
Objectives: and Development, Health, Education, irrelevant
1. To help meet the demand of the Culture and Sports, and other The facts, viewed in light of the Labore Code
economy for trained manpower; government agencies, offices or and the Magna Carta for Disabled Persosn,
2. To establish a national corporations engaged in social indubitably show that the petitioners should
apprenticeship program through the development shall be reserved for be deemed regular employers
participation of employers, workers disabled persons The fact that the employees were qualified
and government and non-government diables persons necessarily removes the
agencies; and OPPORTUNITIES AND NO DISCRIMINATION employment contracts from the ambit of
3. To establish apprenticeship Article 80
standards for the protection of SECTION 7 - APPRENTICSHIP Since the Magna Carta accords them the
apprentices. Subject to the provision of the Labor rights of qualifed able-bodied persons, they
Code as amended are thus covered by ARTICLE 280 OF THE
Learnership Program is a practical training Disabled persons shall be eligible as LABOR CODE
on-the-job for approved learnable apprentices or learners The primary standard of determining
occupations, for a period not exceeding PROVIDED, that their handicap is not regular employment is the reasonable
three months. Only companies with TESDA much as to effectively impede the connection between the particular
approved and registered learnership performance of job operations in the activity performed by the employee in
programs can hire learners. particular occupation for which they are relation the usual trade or business of the
hired employer
LABOR LAW 1 TRANSCRIPTION - MIDTERM
SUICO and CAUBANG
The TEST is whether the former is
usually necessary or desirable in the
usual business or trade of the
employer
The connection can be determined by
considering the nature or the work
performed and its relation to the
scheme of the particular business or
trade in its entirety.
Without a doubt, the task of counting and
sorting bills is necessary and desirable to
the business and trade of the respondent
Bank.
With the exception of 16 of them, petitioners
performed these tasks for several months.