National Conciliation and
mediation Board ( NCMB )
Unfair Labor Practice ( ULP )
What is domestic or household
service?
A Household or domestic service is
work or service tho performed in
the home of the employer and
which is it necessary and desirable
for the maintenance and
enjoyment of the home.
Wage of househelper
The minimum or statutory wage of
domestic or househelpers is based
on the place where the employer's
household is situated.
Can a househelper be assigned to
do non-domestic work?
No domestic or household helper
can be asigned to perform non-
domestic work. Non-domestic work
means work in a commercial,
Industrial, or agricultural
establishment. When a domestic or
household helper performs work in
any of these establishments, he
househelper shall be paid the
minimum wage of the geographic
area where the work is performed.
What is Holiday ?
Holidays are paid non-working days
to allow the worker to observe and
think of the importance or
significance of the event being
commemorated and to instill civil
consciousness. comemorated
holiday
What is holiday pay?
Holiday pay is that which an
employer must pay all employees
for all the regular holidays and
nationwide special days. Holidays
are paid non-working days.
What is paternity leave?
Paid paternity leave of seven (7)
days is granted to a male employee
who is legally married to his wife on
the occasion of childbirth. This
leave is allowed only for up to four
(4) deliveries.
How does the Constitution treat
labor?
The Constitution states that labor is
a primary social economic force and
that the State must protect the
rights and promote the welfare of
workers.
What are the requirements for the
employment of an alien who is not
a resident?
An alien can be employed only after
s/he has been issued an Alien
Employment Permit by the DOLE.
And if there is no person available
in the Philippines who is
competent, willing, and able to
perform the services for which an
alien is being employed and/or
employment of the foreign national
will redound to the national
benefit.
What is labor law?
Labor law is the branch of law
which governs the relationship
between workers and employers.
Labor Standards Law
Which provides for the minimum
terms and conditions of
employment which are necessary
for the health, safety, and well-
being of workers, and
Labor Relations Law
Which regulates the relationship
between workers organized in labor
unions and employers; unions and
their members; and unions and the
governmen.
Who is an employer?
Generally, an employer is the
owner of the business. An
individual who is a representative
of an owner, or acts on behalf of
the owner is considered an
employer when authorized by the
owner to act in his/her behalf,
e.g..managers and supervisors of an
establishment.
Who is an employee?
An employee is an individual who
works for or is in the service of an
employer.
What is an apprentice?
An apprentice is one who is
undergoing practical training on the
job, supplemented by theoretical
instruction in an apprenticeable
occupation.
What is the wage of an
apprentice?
An apprentice must be paid a
compensation of at least seventy-
five percent (75%) of the applicable
minimum wage.
Who is a learner?
A learner is a trainee in a semi-
skilled industrial occupation which
is non-apprenticeable, and the
training program is less than three
(3) months.
electrician
trainer
couch
mentor
interns
apprentice
What is the wage of a learner?
A A learner must be paid a
compensation of at least seventy-
five percent (75%) of the applicable
minimum wage.
Who is a handicapped worker?
A handicapped worker is one
whose capacity to earn is impaired
because of age, or physical or
mental incapacity or injury.
What is the compensation of a
handicapped worker?
A handicapped worker must be
paid a compensation of at least
seventy-five percent (75%) of the
applicable minimum wage.
A worker whose handicap does not
affect work performance must be
paid one hundred percent (100%)
of the wage rate.
Just cause?
1.) inform the employee in writing
of the cause or causes for
termination; and
2.) give the employee sufficient
time to answer the charges and
present defense or defenses, at the
option of the worker, with or
without the assistance of a lawyer.
3.) In all cases the employer must
have sufficient proof to show and
support or justify the cause for
termination
Just causes for termination of
employment by an employer?
1.) serious misconduct or willful
disobedience of the lawful orders
of an employer or his
representative
2.) gross and habitual neglect of
duty:
3.) fraud or willful breach of the
trust given by an employer or
employer's representative, and
4.) commission of a crime or
offense against the employer or any
immediate member of the family of
the employer or employer's
representative.
Authorized causes:
1.) installation of labor-saving
devices in the place of work;
2.) excess of workers or
redundancy;
3.) retrenchment or reduction of
the size of the workforce to prevent
business losses; and
4.) closing or cessation of
operations of the establishment.
What is right to self-organization?
The right to self-organization is the
right of workers to organize, join or
assist in organizing of administering
the management or affairs of a
labor union: A worker is qualified to
be a union member on the first day
of employment.
General reason why workers
organized a union
Because labor union is the
organisation that is best able to
negotiate for the workers all
matters or subjects of their
employment. Without a union
worker acting mafinally cannot
negotiate with an employer, or is
weak if asked to do so
What in a labor union?
A labor union is the association of
employees. As one of its purposes,
it negotiates with an employer
through group bargaining
concerning wages, hours of work,
and other terms and conifitions of
employment.
What is a national union or labor
federation?
A national union or labor federation
is one which has at least ten (10)
locals or chapters (attiliates) Each of
the affiliates must be the duly
recognized exclusive hargaining
representative in the workplace
where they are located. A national
union is an association of unions.
What are the rights of union
members ?
1.) to be charged only limited and
reasonable initiationmor
membership fee. A fine as a penalty
for violation of the union
constitutionality or by laws must
also be limited and reasonable;
2.) to be furnished full and detailed
reports of all financial transactions,
3.) to elect directly and by secret
ballot all union officers at intervals
of five (5) years; and
4.) to participate in the
deliberations and decide by secret
ballot all major policies of the
union.
Appropriate Bargaining Unit
The determination of the site and
componition of an appropriate
bargaining unit or wits for the
purpose of collective bargaing my
requirement in determining the
sode bargaining nation. Wi defined
appropiate barginning sun, the
process of determine whether
group of worlays ant or do not uant
a not all t union of the workers
choice, the workers camnet
collectively bargainnwith an
employer over the conditions of
their employment.
What is an appropriate bargaining
unit?
It is a grouping of workers who
have common or mutual interest in
matters that affect their
employment. The appropriate
bargaining unit can be composed of
all or less than all the employees of
a given employer. The unit can be
employer or workerplace wide and
be composed of all the employees
or employees of a department only,
or employees of a section only, or a
combination of one or more
departments or sections
What is collective bargaining?
A Collective bargaining is the
procedure or process where
workers, acting as a group, through
a union, negotiate or hargain with
their employer on all of their
employment relations
What are the issues that the union
and employer can negotiate?
1. wages
2. hours of work; and
3. other terms and conditions of
employment.
What is an unfair labor practice?
An unfair labor practice is an act
committed by either an employer
or a labor union or its officers or
agents which violates the rights of
workers to self-organization or
collective bargaining.
Example of unfair labor practice
committed by the worker
A union can also commit an unfair
labor practice when it restrains or
coerces workers in the exercise of
their twin rights to self-organization
and collective bargaining.
Labor disputes
A labor dispute refers to a conflict
or disagreement between
employers and employees, usually
represented by labor unions or
employee associations, regarding
various aspects of employment
conditions, such as wages, working
hours, benefits, workplace policies,
or job security.
What is the most favor of dispute
settlement
Mediation, condition, and
arbitration are the most favored
means, both by the Constitution
and the Labor Code, as modes or
procedure of dispute settlement.
What is conciliation and
mediation?
Conciliation and mediation are
processes or aids, either by a
government or private agencies, to
help or assist the employer and
union solve peaomfully their
dispute or controversy
What is Arbitration?
Arbitration is a process of resolving
the labor controversy without using
of strike or lockout.
What is the right to self
organization of arm forces ?
They do not have the right to self-
organization because of the nature
of their work and duty. They are the
one who maintain the peace and
safety of the people in case of
danger.
Non-resident alien employees
- If they have valid work permit
issued by the DOLE and are citizens
of a country which grants the night
to self organisation to citizens of
the PH
- the non resident alien employee
that work in our country, is granted
the right to self organization, this is
so that our fellow citizens who
work in other countries also have
the same right to self organization
Social Security System (SSS)
The following are compulsorily
covered by the SSS
a.) all employees in private
employment who are paid salaries
or wages, and not over sixty (60)
years old;
b.) domestic helpers or
househelpers who are paid wages
of at least (Php 1,000.00) monthly;
c.) those who are self-employed.
The following are voluntarily
covered by the SSS
a.) Filipinos employed abroad by
foreign-based employers;
b.) employees separated from
employment:
c.) self-employed,
d.) spouse managing a household
on full time.
The following may be covered by
agreement
a.) Filipino employees of foreign
governments, international
organizations or wholly-owned
instrumentalities working in the
Philippines or abroad:
b.) Filipino employees covered by
the civil service retirement system
of their employers are not qualified
for membership in the SSS.
Government Service Insurance
System (GSIS)
a.) all employees not over sixty-five
(65) years old and receiving a salary
or wage:
b.) all members of the Judiciary:
Civil Service Commission;
Commission on Elections, and
Commission on Audit-only for life
insurance.
Employees' Compensation and
State Insurance Fund (ECSIF)
a.) all employees in both private
and public sectors not over sixty
(60) year and
b.) all employees over sixty (60)
years who are contributing to
qualify for insurance benefit
What are the benefits of a worker-
member ( SSS ) ?
a. Pension for member or
dependent
b. Retirement
c. Death
d. Disability
e. Sickness
f. Maternity - limited only to first
four deliveries or miscarriages
Dependent - Under the law, this
refers to:
(a) legitimate, legitimated or legally
adopted or acknowledged natural
child who is unmarried, not
gainfully employed, and not over 21
years of age who is incapacitated or
incapable of support
(b) legitimate spouse living with the
em- ployee and
(c) parents of the employee
dependent upon him.
Beneficiaries - means dependent
spouse until the spouse remarries
and dependent children. They are
the primary beneficiaries.
Separated employee entitled to
SSS benefits
A terminated employee shall be
credited with all contributions paid
on his behalf and entitled to Painters
benefits according to the provisions Online Entrepreneurs
of the SSS law. He may continue to
pay both the employer and [ ] Example of worker who
employee contributions to maintain voluntary..( doctor, professional
his right to full benefit, athlete
How is the right to self- [ ] Right of employees in a public
organization in the government sector to organize themselves
service protected? ( teacher, municipal employees,
Government employees shall not
he discriminated because of their
membership in a labor union
Government employees shall not
be denied employme because they
are members of a labor
organization, or forced to resign
from their union membership as a
condition for their employment or
continuing employment.
Can government employees
collectively bargain for the terms
and conditions of their
employment with the government
as employer?
Government employees cannot
collectively bargain with the
government because their wages,
hours of work and other terms and
conditions of employment are
already set by the Civil Service Law
and other allied laws.
Govement employees bargain with
the government all other terms and
editions of employment that are
not provided for by law
Maternity Leave
This leave is granted to a female
employee, who need not be legally
married, who has paid at least
three (3) monthly contributions
immediately preceding semester of
childbirth or miscarriage, which
benefit is equivalent to 100% of the
average salary credit for 60 days, or
78 days in case of caesarian
delivery.
What is self employed?
Self-employed means working for
oneself rather than being an
employee of an organization or
company.
Self-employed individuals are
independent business owners who
provide goods or services to clients
or customers.
Examples of self-employed:
Freelancers
Sole Proprietors
Writers
Actors
Photographer
Musicians