Part III Labor Standards

PERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVER
E OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. D
ODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN B
18. A, a non-resident
RSITY COLLEGE OF LAW. NOT FOR Chinese, went to your office asking for
UNIVERSITY COLLEGE OF LAW. NOT FOR legal advice because he intendsCOLLEGE
UNIVERSITY to work for
OF LAW. NO
a local telecommunications company. What advice will you tell him so that he may lawfully engage in
SALE. DO NOT
ROPERTY REPRODUCE.
OF SAN BEDA
gainfulUNIVERSITY SALE. DO
PROPERTY
employment in the Philippines. NOT REPRODUCE.
OF SAN
Discuss BEDA UNIVERSITY
fully. SALE. DO NOT
PROPERTY REPRODUCE.
OF SAN BEDA UNIV
LEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SAL
I will explain to A that as a general rule, all foreign nationals who intend to engage in gainful employment
EPRODUCE. PROPERTY
in the Philippines shall apply for an Alien Employment Permit or AEP (Sec. 1, D.O. No. REPRODUCE.
OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA 146-15). PROPERTY OF SA
IVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW.
However, he may be exempted from securing an AEP if he falls under any of the following categories of
SALE.
PERTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
aliens: PROPERTY SALE.
OF DOSANNOTBEDA REPRODUCE.
UNIVERSITY PROPERTY SALE.
OF DO
SANNOT
BEDAREPRODU
UNIVER
• AllDO
E OF LAW. NOT FOR SALE. NOT of COLLEGE
members OF LAW.
the diplomatic NOT
service andFOR SALE.government
foreign DO NOT officials
COLLEGE OF LAW.
accredited NOT
by and FOR SALE. D
with
reciprocity agreement with the Philippine government;
ODUCE. PROPERTY OF•SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN B
Officers and staff of international organizations of which the Philippine government is a member and
RSITY COLLEGE OF LAW. NOT
their FOR UNIVERSITY COLLEGE OF LAW. NOT FOR
legitimate spouses; UNIVERSITY COLLEGE OF LAW. NO
SALE. DO NOT • Owners and representatives
REPRODUCE. SALE. DO NOT
of foreign REPRODUCE.
principals whose companies are accreditedSALE. DOPOEA
by the NOT REPRODUCE.
who
TY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY
come to the Philippines for a limited period and solely for interviewing Filipino applicants for
F LAW. NOT FOR SALE. DOemployment
NOT COLLEGE
abroad; OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO N
•
UCE. PROPERTY OF SAN BEDA
Foreign REPRODUCE. PROPERTY OF SAN BEDA
nationals who come to the Philippines to teach, present REPRODUCE.
and/or PROPERTY
conduct research studiesOF
in SAN BEDA
universities and colleges;
Y COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FO
• Permanent resident foreign nationals, and probationary or temporary resident visa holders;
E. DO NOT REPRODUCE.• Refugees and Stateless
ERTY OF SAN BEDA UNIVERSITY SALE.
PROPERTYDO NOT
personsOF REPRODUCE.
SAN BEDA
recognized UNIVERSITY
by DOJ; and SALE. DO NOT
PROPERTY OF SANREPRODUCE.
BEDA UNIVERS
• Foreign
E OF LAW. NOT FOR SALE. DO NOTnationals granted exemption
COLLEGE OF LAW. by lawFOR
NOT (D.O. No. 186-17,
SALE. DO NOT Sec. 2). COLLEGE OF LAW. NOT FOR SALE. DO
ODUCE. PROPERTY OF SAN BEDA if he falls under

Meanwhile, REPRODUCE.
any of thePROPERTY OF SANwho
following categories BEDA are excludedREPRODUCE. PROPERTY
from securing an AEP, he OF SAN B
RSITY COLLEGE OF may
LAW.instead
NOT FOR UNIVERSITY
secure a Certificate COLLEGE
of Exclusion OF Regional
from the LAW. NOT FOR
Office: UNIVERSITY COLLEGE OF LAW. NOT
ALE. • Members of the governing board with voting rights only and do not intervene inSALE.
the management of
TY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY PROPERTY SALE.
OF DO
SANNOTBEDAREPRODUCE.
UNIVERSITY
the corporation or in the day to day operations of the enterprise; PROPERTY OF DO SANNOT REPRODUCE.
BEDA UNIVERSITY
F LAW. NOT FOR SALE.•DOCorporate
NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
officers COLLEGE OF LAW. NOT FOR SALE. DO N
UCE. PROPERTY OF SAN• BEDA
President and REPRODUCE.
Treasurer, who PROPERTY
are part-owner
OFofSAN
the company;
BEDA REPRODUCE. PROPERTY OF SAN BEDA
• Those providing consultancy services who do not have employers in the Philippines;
Y COLLEGE OF LAW. NOT FOR corporate
• Intra UNIVERSITY COLLEGE
transferee who OF LAW.
is a manager, NOT FOR
executive, or specialistUNIVERSITY COLLEGE
and an employee OF LAW. NOT FO
of the foreign
E. DO
TY OF NOT REPRODUCE.
SAN BEDA UNIVERSITY for SALE.
service supplierPROPERTY DO
at least NOT
OFone
SAN REPRODUCE.
year continuous
BEDA employment priorPROPERTY
UNIVERSITY SALE. DO
OF NOT
to deployment REPRODUCE.
to a BEDA
SAN branch,UNIVERSITY
subsidiary affiliate or representative office in the Philippines;
F LAW. NOT FOR SALE.•DOContractual
NOT COLLEGE OF LAW.
service supplier who NOT FOR SALE.
is a manager, DO NOT
executive, COLLEGE
or specialist OF LAW.
of a foreign NOTsupplier
service FOR SALE. DO N
UCE. PROPERTY OF SAN BEDA REPRODUCE.
which has no commercial PROPERTY
presence in the OF SAN BEDA
Philippines: (i) who entersREPRODUCE.
the PhilippinesPROPERTY
temporarily OFto SAN BEDA
supply
Y COLLEGE OF LAW. NOT FOR a service pursuant to a contract between
UNIVERSITY COLLEGE OF LAW. NOT FOR his/her employer and a service consumer in
UNIVERSITY COLLEGE OF LAW. NOT FOthe
Philippines; (ii) must possess the appropriate educational and professional qualifications; and (iii) must
E. DO NOT REPRODUCE.
ERTY OF SAN BEDA UNIVERSITY SALE.
be employed by thePROPERTY DO NOT
OF SAN
foreign service REPRODUCE.
BEDA
supplier UNIVERSITY
for at least one year prior to the SALE.
PROPERTY
supplyDOof NOT
OF SANREPRODUCE.
service inBEDA
the UNIVERS
E OF LAW. NOT FOR SALE.Philippines;
DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
• Representative of the Foreign Principal/Employer assigned in the Office of Licensed Manning Agency
ODUCE. PROPERTY OF SAN(OLMA)
BEDA (D.O. No. REPRODUCE. PROPERTY OF SAN BEDA
186-17, Sec. 3-4). REPRODUCE. PROPERTY OF SAN B
RSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT
ALE. DO NOT REPRODUCE.
TY OF SAN BEDA UNIVERSITY SALE. DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVERSITY PROPERTY SALE.
OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
F LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO N
UCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
E. DO
SAN BEDA UNIVERSITY SALE. DO
PROPERTY OF NOT REPRODUCE.
SAN BEDA UNIVERSITY
19. SALE.
F LAW. NOT FOR Who DOare covered
NOT byCOLLEGE
the LaborOF
Code
LAW.provisions
NOT FOR onSALE.
WorkingDO Conditions
NOT and Rest OF
COLLEGE Periods?
LAW. NOT FOR SALE. DO N
UCE. PROPERTY OF SANTheBEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE.
Labor Code provisions on Working Conditions and Rest Periods apply to employeesPROPERTY
in OF
all SAN BEDA
Y COLLEGE OF LAW. NOT FOR and undertaking
establishments UNIVERSITY COLLEGE
whether OForLAW.
for profit NOT
not, but notFOR
to: UNIVERSITY COLLEGE OF LAW. NOT FO
E. DO NOT REPRODUCE. • Government employees;
SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
ERTY OF SAN BEDA UNIVERSITY
• PROPERTY OF SAN BEDA UNIVERSITY
Managerial employees including members of the managerial staff; PROPERTY OF SAN BEDA UNIVERS
E OF LAW. NOT FOR SALE. DO NOT
• Field personnel COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
• Members
ODUCE. PROPERTY OF SAN BEDA of the family of the employer
REPRODUCE. who areOF
PROPERTY dependent
SAN BEDAon him for support
REPRODUCE. PROPERTY OF SAN B
• Domestic helpers
• Persons in the personal service of another;
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA • Workers paid by
result (LABOROF DO
SANNOT
CODE,BEDAREPRODUCE.
Art. UNIVERSITY
82). PROPERTYSALE.
OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
E. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
7
OPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVE
EGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
RODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN
VERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. N
20. What is the normal hours of work?
SALE. DO NOT
PROPERTY REPRODUCE.
OF SAN BEDA UNIVERSITY SALE. DO NOT
PROPERTY REPRODUCE.
PROPERTY REPRODUCE
OF SAN BEDA UN
Article 83 of the Labor Code provides that the normal hours of work of any employee shall not exceed
OLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SA
eight (8) hours a day. Health personnel in cities and municipalities with a population of at least one million
REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE.
(1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall PROPERTY OF
hold regular office
UNIVERSITY COLLEGE OFfor
hours LAW.
eightNOT FOR a day, for
(8) hours UNIVERSITY
five (5) daysCOLLEGE OF LAW.
a week, exclusive NOTfor
of time FOR UNIVERSITY
meals (LABOR CODE, Art.COLLEGE
83). OF LAW
SALE.
OPERTY OF DO
SANNOT
BEDAREPRODUCE.
OF DO
SANNOT
BEDA REPRODUCE.
OF DO
SANNOT REPROD
BEDA UNIVE
21. O was employed
RODUCE. PROPERTY OF SAN BEDA as a bank teller in K Bank. She was required
REPRODUCE. PROPERTY OF SAN BEDA to work daily for a period of eight PROPERTY
REPRODUCE. straight OF SAN
hours.
SALE. DO NOT REPRODUCE.
a. Is this schedule allowed by
RTY OF SAN BEDA UNIVERSITY SALE.
law?DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVERSITY PROPERTY SALE. DO NOT
OF SAN BEDAREPRODUCE
UNIVERSIT
b. In case O was only given a meal break of 15 minutes, can he claim compensation for the shorter
OF LAW. NOT FOR SALE. DO NOT
meal period?COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
DUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BED
a. As a general rule, the schedule is not allowed. Article 85 of the Labor Code provides that it shall be
ITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT F
the duty of every employer to give his employees not less than sixty (60) minutes time-off for their
LE. DO NOT REPRODUCE. regular meals (LABOR
OPERTY OF SAN BEDA UNIVERSITY SALE. DO NOT
CODE, Art.OF
PROPERTY 85). REPRODUCE.
SAN BEDA UNIVERSITY SALE. DO NOT
PROPERTY OF SAN REPRODUCE.
BEDA UNIVE
GE OF LAW. NOT FOR b.
SALE. DOheNOT
Yes, can claim COLLEGE OF LAW.
compensation. A mealNOT FOR
period SALE.
of less DOtwenty
than NOT (20) minutes
COLLEGE mayOF
beLAW. NOT
given by theFOR SALE.
RODUCE. PROPERTY OF SAN BEDA provided that
employer REPRODUCE.
such shorterPROPERTY
meal periodOF is SAN BEDA
credited REPRODUCE.
as compensable PROPERTY
hours worked of the OF SAN
ERSITY COLLEGE OF LAW. employee
NOT FORin the following cases: COLLEGE OF LAW. NOT FOR
UNIVERSITY UNIVERSITY COLLEGE OF LAW. NO
i. Where the work is non-manual work in nature or does not involve strenuous physical exertion;
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY PROPERTYSALE.
ii. Where the establishment OF DO
SANNOT
regularly BEDAREPRODUCE.
UNIVERSITY
operates hours aSALE.
PROPERTY
not less than sixteen (16) OF DO
day; SANNOTBEDAREPRODUCE
UNIVERSIT
iii. NOT
OF LAW. NOT FOR SALE. DO In case of actual orOFimpending
COLLEGE LAW. NOT emergencies
FOR SALE.orDOthereNOTis urgent work to
COLLEGE OFbeLAW.
performed
NOT FORon SALE. DO
machineries, equipment or installations to avoid serious loss which the employer would otherwise
DUCE. PROPERTY OF SAN BEDA suffer; and REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BED
ITY COLLEGE OF LAW. NOT
iv.FORWhere the UNIVERSITY COLLEGE
work is necessary OF LAW.
to prevent seriousNOT
loss FOR
of perishableUNIVERSITY
goods (IRR OFCOLLEGE OF LAW. NOT F
THE LABOR
LE. DO CODE, Sec. 7, Rule I).
RTY OF NOT REPRODUCE.
SAN BEDA UNIVERSIT
OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
ITY COLLEGE OF LAW. NOT FOR
22. X works in a call UNIVERSITY COLLEGE OF LAW. NOT FOR
center which operates twenty-four (24) hours a day. His UNIVERSITY
shift starts at COLLEGE OF LAW. NOT F
4:00 P.M. until
1:00 A.M. of the following day. Is he entitled to any additional compensation for work performed during
LE. DO NOT REPRODUCE.
OPERTY OF SAN BEDA
thisUNIVERSITY
shift?
PROPERTY OF SAN BEDA UNIVERSITY SALE. DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVE
GE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
Yes, X is entitled to a night differential pay. Under Article 86 of the Labor Code, every employee shall be
RODUCE. PROPERTY OFaSAN
paid nightBEDA
shift differential REPRODUCE.
of not less thanPROPERTY
ten percentOF SANofBEDA
(10%) his regular wageREPRODUCE.
for each hourPROPERTY
of work OF SAN
ERSITY COLLEGE OF LAW. NOT
performed FOR 10:00 o’clock
between UNIVERSITY COLLEGE
in the evening to sixOF LAW.
o’clock in NOT FOR In theUNIVERSITY
the morning. COLLEGE
case of X, he is entitled toOF LAW. NO
SALE. DO NOT night shift differential for work performed
REPRODUCE. SALE. from
DO 10:00
NOT pm until 1:00 am of the day following (LABOR
REPRODUCE. CODE, Art.
RTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY
86). (LABOR CODE, Art. 86). PROPERTY OF SANNOT
SALE. DO BEDA REPRODUCE
UNIVERSIT
ITY COLLEGE23.
OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF
DEF Foundation is a non-profit organization dependent for its existence on contributions andLAW. NOT F
LE. DO
SAN BEDA donations from well-wishers.
UNIVERSITY SALE.
PROPERTY DO
OF NOT
B, an office
SAN REPRODUCE.
clerk therein,
BEDA renders work from 7:00
UNIVERSITY SALE.
A.M
PROPERTY DO
OF00NOT
to 8: REPRODUCE.
P.M.BEDA
SAN from UNIVERSIT
Monday to Friday. While admitting that it does not fall under the exceptions, DEF Foundation argued
OF LAW. NOT FOR that
SALE. DO not
it had NOTgiven overtime
COLLEGEpay
OFbecause
LAW. NOT FOR SALE.
it should DO NOT
be exempt COLLEGE
as a charitable OF LAW. NOT FOR SALE. DO
institution.
ITY COLLEGE OF LAW.a.NOT Is FOR
B entitled toUNIVERSITY
overtime pay?
COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT F
b. What is the rate of additional compensation for overtime pay?
LE. DO NOT
OPERTY REPRODUCE.
BEDA UNIVERSITY SALE. DO NOT
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
GE OF LAW. NOT FOR a. Yes, B is entitled to overtime pay. Article 82 of the Labor Code that the provisions on Working
SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
Conditions and Rest Periods shall apply to employees in all establishments and undertakings whether
RODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE.
for profit or not, subject only to certain exceptions mentioned therein. Thus, the PROPERTY
provisions are equally OF SAN
ERSITY COLLEGE OF LAW. NOT FOR
applicable to UNIVERSITY COLLEGE OF LAW. NOT FOR
non-profit institutions (LABOR CODE, Art. 82). UNIVERSITY COLLEGE OF LAW. NO
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
b. Article 87 of the PROPERTY
SALE.
Labor Code OF
DO
SANNOT
provides BEDAREPRODUCE.
UNIVERSITY
that work PROPERTY
may be performed beyond
SALE. DO
SANNOT
OFhours
eight (8)
REPRODUCE
BEDA
a day UNIVERSIT
provided
OF LAW. NOT FOR SALE. DO NOT that the employee
COLLEGE OF isLAW.
paid NOT
for theFOR
overtime
SALE.work, an additional
DO NOT compensation
COLLEGE OF LAW.equivalent
NOT FOR to SALE. DO
his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours
LE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
8
PERTY OF SAN BEDA UNIVERSITY
on a holiday or restPROPERTY
day shall beOF SAN
paid an BEDA UNIVERSITY
additional PROPERTY
compensation equivalent OFofSAN
to the rate BEDA UNIVER
the first
eight hours
E OF LAW. NOT FOR SALE. DO NOT on a holiday or rest day plus at least thirty
COLLEGE OF LAW. NOT FOR SALE. DO NOT percent (30%) thereof (LABOR CODE, Art. 87).
COLLEGE OF LAW. NOT FOR SALE. D
ODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
Note: Undertime work on any particular day shall not be offset by overtime REPRODUCE.
work on any PROPERTY
other day OF SAN B
RSITY COLLEGE OF LAW.(LABOR
NOT FOR CODE, Art.UNIVERSITY
88). COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NO
SALE. DO NOT
ROPERTY REPRODUCE.
BEDA UNIV
EPRODUCE. PROPERTY
24. U, anOF SAN BEDA
employee REPRODUCE.
of KKD Corporation, PROPERTY
works from OFtoSAN
8:00 A.M. 5:00BEDA REPRODUCE.
P.M. on Monday to Friday. OnPROPERTY
June OF SA
12, she worked from 8:00 A.M. to 8:00 P.M. What are the additional compensations she is entitled to?
IVERSITY COLLEGEDiscuss
OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR
each entitlement and the respective rates applicable.
UNIVERSITY COLLEGE OF LAW.
SALE.
PERTY OF DO
SANNOT REPRODUCE.
OF DO
SANNOT
BEDAREPRODUCE.
OF DO
SANNOT
BEDAREPRODU
UNIVER
U is entitled to holiday pay and overtime pay. For holiday pay, the rule is that work performed on a regular
E OF LAW. NOT FOR SALE.
holiday DO NOT
merits COLLEGE
at least twice (200%) OFthe LAW. NOTofFOR
wage rate SALE. DO Meanwhile,
the employee. NOT COLLEGE OFtoLAW.
with respect NOT FOR SALE. D
the overtime
ODUCE. PROPERTYpay,
OF work
SAN inBEDA
excess of eight REPRODUCE. PROPERTY
(8) hours performed OF SAN
on a regular BEDA
holiday REPRODUCE.
shall be paid an PROPERTY OF SAN B
additional compensation
equivalent to
RSITY COLLEGE OF LAW. NOT FOR the rate of the first eight hours on a holiday plus
UNIVERSITY COLLEGE OF LAW. NOT FOR at least 30% thereof. Thus, the following
UNIVERSITY COLLEGE formula
OF LAW. NO
is applicable: Compensation = [(Hourly rate of basic daily wage x 200% x 130% x number of hours work) +
TY OF SAN BEDA UNIVERSITY
(Basic wage rate x 200%)] PROPERTY SALE. DO NOT
OF SANArt.
(LABOR CODE, BEDA REPRODUCE.
UNIVERSITY
87; Art. 94(b)). SALE. DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVERSITY
25. Distinguish facilities from supplements.
Y COLLEGE OF LAW. NOT FOR
Facilities are UNIVERSITY COLLEGE OF LAW. NOT FOR
items of expense necessary for the laborer's and his UNIVERSITY
family's COLLEGE
existence and OF LAW.
subsistence so NOT FO
E. DO NOT that
REPRODUCE. by express provision of law.
SALE.On
DOthe other
NOT hand, supplements
REPRODUCE. constitute extra remuneration
SALE. DO NOT or special
REPRODUCE.
ERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERS
privileges, or benefits given to or received by the laborers over and above their ordinary earnings or wages.
E OF LAW. NOT FOR SALE. DO
Facilities formNOT COLLEGE
part of the OF are
wage and LAW. NOT FOR
deductible SALE. DO
therefrom NOT
when furnishedCOLLEGE OF LAW. whereas
by the employer, NOT FOR SALE. DO
supplements do not form part of the wage and are therefore not deductible (SLL International Cables Specialist
ODUCE. PROPERTY et.
OFal.SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
v. NLRC, G.R. No. 172161, March 2, 2011).
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY SALE.
PROPERTY OF DO
SANNOT
BEDA REPRODUCE.
OF DO
SANNOTBEDAREPRODUCE.
UNIVERSITY
F LAW. NOT FOR
26. SALE.
X andDO NOT to COLLEGE
Y decided put up an OF LAW.They
IT firm. NOTagreed
FOR SALE.
to hireDO
20 NOT
employees COLLEGE OF positions
for various LAW. NOT FORasSALE. DO N
such
UCE. PROPERTY OF software
SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY
developers and engineers, marketing officers and administrative assistants. Being optimistic OF SAN BEDA
on the growth
Y COLLEGE OF LAW. NOT FOR of the company, X and Y wanted to operate
UNIVERSITY COLLEGE OF LAW. NOT FOR daily. In the proposed employment contract,
UNIVERSITY COLLEGE OF LAW. NOT FO
the employees are required to report for work from Mondays to Sundays. X and Y sought your advice
E. DO
PROPERTY
on the legality of the employment OF NOT REPRODUCE.
SAN BEDA
contract. What UNIVERSITY
advice will you give them? SALE. DO
SAN BEDA UNIVERSITY
I will advise X and Y to include in the employment contract a weekly rest period for the employees. Article
UCE. PROPERTY OF 91
SAN BEDA
of the REPRODUCE.
Labor Code provides PROPERTY
that it shall OF of
be the duty SAN BEDA
every REPRODUCE.
employer, whether PROPERTY
operating for OF SAN BEDA
profit or not,
to provide each of his UNIVERSITY COLLEGE
employees a rest OFnotLAW.
period of NOTtwenty-four
less than FOR UNIVERSITY
(24) consecutiveCOLLEGE
hours afterOF LAW. NOT FO
every
E. DO NOT six (6) consecutive normal work
REPRODUCE. days.
SALE. DO The
NOT employer shall determine and schedule the
REPRODUCE. weekly
SALE. DO rest
NOT day of his
REPRODUCE.
employees, subject to collective bargaining agreement and to such rules and regulations as the Secretary of
Labor andDO NOT
Employment COLLEGE
may provide.OF
AsLAW. NOT FOR
an exception, theSALE. DOshall
employer NOTrespectCOLLEGE OF LAW.
the preference NOT FOR SALE. DO
of employees
as to weekly rest day when such preference is based on religious grounds (LABOR CODE, Art. 91).
OF DO
SANNOT
BEDAREPRODUCE.
UNIVERSITY
27. Mr. X is engaged in the business of selling various household and food products. He has a medium-
F LAW. NOT FOR SALE.
sizedDO NOT storeCOLLEGE
grocery located inOF
theLAW.
townNOT FOR
center SALE.
mainly DO NOT
catering COLLEGEofOF
to the residents LAW.
the town.NOT
The FOR
storeSALE. DO N
UCE. PROPERTY OF is
SAN BEDA
open daily from 8AM REPRODUCE. PROPERTY
to 9PM, including OF SAN
weekends BEDA Due to REPRODUCE.
and holidays. high volume ofPROPERTY OF SAN BEDA
sales, he had
to employ
Y COLLEGE OF LAW. NOT FOR ten (10) persons to assist
UNIVERSITY in the daily
COLLEGE storeNOT
OF LAW. operations.
FOR All 10UNIVERSITY
employees are given aOF
COLLEGE fixed
LAW. NOT FO
and regular schedule with a rest day per week. One of his employees, Y, acts as cashier. During her
E. DO
SAN BEDA UNIVERSITY
years of employment,PROPERTYSALE.
Y had DO
OF NOT
worked SAN REPRODUCE.
BEDA UNIVERSITY
as scheduled, SALE.on
without objection, PROPERTY
including DO NOT REPRODUCE.
OFholidays.
SAN BEDA UNIVERSITY
The
dispute
F LAW. NOT FOR SALE. DOarose
NOT whenCOLLEGE
Y demanded holiday
OF LAW. NOTpay FORfrom Mr.DO
SALE. X. NOT
In his defense, Mr. X
COLLEGE OFclaimed
LAW. NOT that FOR
he isSALE. DO N
exempted from paying holiday pay because he is regularly employing 10 workers only. Is the
UCE. PROPERTY OF contention
SAN BEDAcorrect? REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
E. DO NOT REPRODUCE. No, the contention of Mr. X is not correct.
SALE. DO NOT As general
REPRODUCE. rule, holiday pay benefit applies
SALE. DOto all
NOTemployees.
REPRODUCE.
However, one of the exceptions therein are retail and service establishments regularly employing less than ten
E OF LAW. NOT FORworkers. In other
SALE. DO NOTwords, COLLEGE
exemptionsOFfrom holiday
LAW. NOTpayFORapply onlyDO
SALE. to establishments
NOT employing
COLLEGE “less than
OF LAW. NOTten”
FOR SALE. DO
employees or workers, meaning one to nine. Otherwise, if the number of employees equal to ten or more, such
ODUCE. PROPERTY employer
OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY
is no longer covered by the exception. Accordingly, Mr. X is obliged to pay holiday pay to his
OF SAN B
RSITY COLLEGE OF employees,
LAW. NOT including
FOR UNIVERSITY
Y (IRR of the LaborCOLLEGE
Code, Sec. OF1,LAW. NOT
Rule IV, FOR
Book III). UNIVERSITY COLLEGE OF LAW. NOT
ALE.
TY OF DO
SANNOT REPRODUCE.
PROPERTY OF DO
SANNOT REPRODUCE.
PROPERTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
9
OPERTY OF SAN
28. BEDA
C, a UNIVERSITY
worker at XYZ Center, was PROPERTY
on leaveOF SAN BEDA
without pay onUNIVERSITY PROPERTY
April 17, 2019. He did not report forOFwork
SANonBEDA UNIVE
April 18 and
EGE OF LAW. NOT FOR SALE. DO NOT19, Maundy Thursday and Good Friday, respectively.
COLLEGE OF LAW. NOT FOR SALE. DO NOT Is C entitled to holiday pay
COLLEGE OF LAW. NOT for the FOR SALE.
two successive holidays? Explain.
VERSITY COLLEGE OF LAW.
No, CNOT
is notFOR UNIVERSITY
entitled to holiday pay for COLLEGE OF LAW.holidays.
the two successive NOT FOR Where thereUNIVERSITY COLLEGE OF LAW. N
are two (2) successive
SALE. DO NOT regular
REPRODUCE.holidays, like Maundy Thursday and Good
SALE. DO NOT Friday, an employee
REPRODUCE. may not be paid for both
SALE. DOholidays
NOT ifREPRODUCE
PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN
he/she absents himself/herself from work on the day immediately preceding the first holiday, unless he/she BEDA UN
OLLEGE OF LAW. NOT FOR
works on SALE.
the firstDO NOT in which
holiday, COLLEGE OF LAW.
case he/she NOTtoFOR
is entitled SALE.
his/her DO pay
holiday NOTon the second
COLLEGE OF LAW.
holiday NOT FOR SA
(IRR of
the Labor Code,
REPRODUCE. PROPERTY OF SAN BEDA Sec. 10, Rule IV, Book III).
REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF
UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW
SALE.
OPERTY OF DO
SANNOT
BEDAREPRODUCE.
UNIVERSITY PROPERTY SALE.OF DO
SANNOTBEDA REPRODUCE.
OF DO
SANNOT REPROD
BEDA UNIVE
EGE OF LAW.29. How should service charges be distributed?
NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
RODUCE. PROPERTY OF All SAN BEDA employees
rank-and-file REPRODUCE.
of employers PROPERTY OF SAN
and contractors BEDA
collecting REPRODUCE.
service charges are entitled PROPERTY
to equal OF SAN
VERSITY COLLEGE OF LAW. NOT FOR
share in the 85% of the UNIVERSITY COLLEGE OF LAW. NOT FOR
total of such charges. The remaining 15% may be UNIVERSITY COLLEGE OF LAW. N
retained to cover for loss and
breakages and for distribution to managerial employees, at the discretion of the management in the latter case.
RTY OF SAN BEDA UNIVERSITY PROPERTY OF
In restaurants or similar establishments
SALE. DO NOT
SANno
where BEDA REPRODUCE.
UNIVERSITY
service charge is collected butPROPERTY
SALE.
OF SAN
there is a policy
DO NOT
BEDAREPRODUCE
or practice UNIVERSIT
OF LAW. NOT FOR ofSALE.
pooling
DOtips,
NOT such pooled tips shall
COLLEGE OFbe distributed
LAW. in theSALE.
NOT FOR DO NOT(2018 Handbook
same manner COLLEGEon OFWorker’s Statutory
LAW. NOT FOR SALE. DO
Monetary Benefits, p. 25). The shares referred to herein shall be distributed and paid to the employees not
DUCE. PROPERTY OF SAN
less thanBEDA REPRODUCE.
once every two (2) PROPERTY
weeks or twice a month atOF SAN BEDA
intervals REPRODUCE.
not exceeding sixteen PROPERTY
(16) days (IRR OF THEOF SAN BED
ITY COLLEGE OF LAW.
LABOR NOT FOR Sec. 4, Rule
CODE, UNIVERSITY
VI). COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT F
OPERTY OF SAN BEDA UNIVERSITY SALE. DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVERSITY SALE. DO NOT
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
30. What is the rule in case the service charge is abolished?
In the event that the company stopped collecting service charges, the share of the covered employees
shall be considered as integrated in their wages. The basis of the amount to be integrated shall be the average
ERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGEofOF LAW. NO
monthly share of each employee for the last 12 months immediately preceding the abolition of withdrawal
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA
such charges
UNIVERSITY
(IRR OF THE LABOR
PROPERTY SALE.
OF DO
CODE,
SANNOT
Sec. 5,
BEDA REPRODUCE.
Rule VI).
OF DO
SANNOT REPRODUCE
BEDA UNIVERSIT
31. W is real estate
ITY COLLEGE OF LAW. NOT FOR agent engaged in selling condominium
UNIVERSITY COLLEGE OF LAW. NOT FOR units. In her employment
UNIVERSITY contract with OF
COLLEGE XYZLAW. NOT F
Builders, she is paid on a purely commission basis at the rate of 10% of the total purchase price of the
LE. DO
SAN BEDA UNIVERSITY sold.SALE.
condominium units she PROPERTY After DO
OF NOT
two SAN REPRODUCE.
yearsBEDA UNIVERSITY
with the 13 th SALE.
company, W claimedPROPERTY monthDOpayNOT
OF SAN REPRODUCE.
fromBEDA
XYZ UNIVERSIT
th
OF LAW. NOT FOR Builders.
SALE. DOIsNOT
XYZ Builders required
COLLEGE OF to pay NOT
LAW. 13 month pay toDO
FOR SALE. W?NOT COLLEGE OF LAW. NOT FOR SALE. DO
DUCE. PROPERTY OF SAN No, BEDA REPRODUCE.
XYZ Builders is not PROPERTY
required to pay 13th monthOF
paySAN BEDA
because REPRODUCE.
it falls within the exception asPROPERTY
an employerOF SAN BED
ITY COLLEGE OF LAW. NOTwho
of those FORare paid onUNIVERSITY COLLEGEbasis.
a purely commission OF LAW. NOT FORare not covered
The following UNIVERSITY COLLEGE
by PD 851, or theOF
13thLAW. NOT F
LE. DO NOT Month
REPRODUCE. Pay Law: SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
OPERTY OF SAN BEDA UNIVERSITY
• PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN
The government and any of its political subdivisions, including government-owned and controlled BEDA UNIVE
GE OF LAW. NOT FOR SALE. DO NOT except
corporations, COLLEGEthose OF LAW. NOToperating
corporations FOR SALE. DO NOT as private
essentially COLLEGE OF LAW.ofNOT
subsidiaries theFOR SALE.
government;
• Employers who are already paying their employees thirteenth- month pay or more in a calendar year
ERSITY COLLEGE OF LAW. or
NOT FOR
its equivalent UNIVERSITY
at the time of the COLLEGE
issuance ofOFPDLAW.
851; NOT FOR UNIVERSITY COLLEGE OF LAW. NO
SALE. DO NOT •
REPRODUCE.
Persons
RTY OF SAN BEDA UNIVERSITY in the personal SALE.
service DO
of NOT
another REPRODUCE.
in
PROPERTY OF SAN BEDA UNIVERSITYrelation to such workers; and
PROPERTYSALE.
OF DOSANNOT REPRODUCE
BEDA UNIVERSIT
• Employers of those who are paid on purely commission, boundary or task basis, and those who are
OF LAW. NOT FOR SALE. DO
paidNOT COLLEGE
a fixed amount OF LAW.specific
for performing NOT FOR
work,SALE. DO NOT
irrespective COLLEGE
of the time OF
consumed in LAW. NOT FOR SALE. DO
the performance
DUCE. PROPERTY OF SAN BEDA REPRODUCE.
thereof (except those PROPERTY
workers who OFpiece-rate
are paid on SAN BEDA REPRODUCE.
basis, in which PROPERTY
case their employer shallOF SAN BED
grant
ITY COLLEGE OF LAW. NOT FORthem thirteenth-month
UNIVERSITYpay) (2018 Handbook
COLLEGE OF LAW.on Workers’
NOT FOR Statutory Monetary Benefits,
UNIVERSITY COLLEGE p. 40).
OF LAW. NOT F
LE. DO
SAN BEDA UNIVERSIT
32. Distinguish wage from salary.
LE. DO NOT
OPERTY REPRODUCE.
PROPERTY REPRODUCE.
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
GE OF LAW. NOT FOR Wage
SALE.applies
DO NOT to the compensation
COLLEGE OF forLAW.
skilledNOT
or unskilled manual
FOR SALE. DOlabor
NOT while salary denotes
COLLEGE OFcompensation
LAW. NOT FOR SALE.
for a higher grade or supervisor level of employment (Equitable Banking Corp. v. Sadac, G.R. No. 164772,
RODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN
June 8, 2006 citing Gaa v. CA, G.R. No. L-44169, December 3, 1985). BEDA REPRODUCE. PROPERTY OF SAN
ERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NO
33. What is the required form of payment of wages?
SALE.
RTY OF DO
SANNOT REPRODUCE.
OF DO
SANNOT BEDAREPRODUCE.
OF DO
SANNOT REPRODUCE
BEDA UNIVERSIT
OF LAW. NOT FOR SALE. DO
As a NOT rule, wages
general COLLEGEshallOF LAW.
be paid NOTtender;
in legal FOR SALE.
use ofDO NOT notes
promissory COLLEGE OFforms
and other LAW. NOT FOR SALE. DO
is prohibited
even when expressly requested by employee (IRR of the Labor Code, Sec. 1, Rule VIII, Book III). The only
DUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
exceptions in which the law allows payment by check are when:
REPRODUCE. PROPERTY OF SAN BED
10
PERTY OF SAN BEDA UNIVERSITY PROPERTY
a. Such manner is customary upon OF SAN BEDA
effectivity of the UNIVERSITY
Labor Code, or PROPERTY OF SAN BEDA UNIVER
b. Stipulated
E OF LAW. NOT FOR SALE. DO NOT in a CBA, or
COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. D
c. The following conditions are met:
ODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
i. There is a bank or facility for encashment within a radius of 1 km REPRODUCE. PROPERTY OF SAN B
RSITY COLLEGE OF LAW. NOT FOR
ii. Employer UNIVERSITY
does COLLEGE
not receive any pecuniaryOFbenefit
LAW. from
NOTthe
FORarrangementUNIVERSITY COLLEGE OF LAW. NO
SALE. DO NOT REPRODUCE.iii. Employees are given reasonable
SALE. DO NOT time during
REPRODUCE.banking hours to withdraw, such time
SALE. shall REPRODUCE.
DO NOT be
ROPERTY OF SAN BEDA UNIVERSITY PROPERTY
considered as working hours OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIV
LEGE OF LAW. NOT FOR SALE. DO NOT
iv. Written COLLEGE
consent of OFconcerned
employees LAW. NOT FOR isSALE.
if there DO(Sec.
no CBA NOT2, RuleCOLLEGE
VIII, BookOF
III, LAW.
IRR of NOT
the FOR SAL
Labor
EPRODUCE. PROPERTY OF SAN BEDA Code). REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SA
IVERSITY COLLEGE OF LAW.
34. When NOT FOR
is payment to a personUNIVERSITY COLLEGE
other than the employeeOFhimself
LAW. NOT FOR underUNIVERSITY
authorized the law? COLLEGE OF LAW.
SALE.
PERTY OF DO
SANNOT REPRODUCE.
OF DO
SANNOT
BEDAREPRODUCE.
OF DOSANNOT
BEDAREPRODU
UNIVER
Wages shall be paid directly to the employee, except when:
a. Payment COLLEGE
to a member of theOF LAW.
family NOT FOR inSALE.
is authorized DO
writing byNOT COLLEGE OF LAW. NOT FOR SALE. D
the employee
ODUCE. PROPERTY OFb.SAN BEDA to anotherREPRODUCE.
Payment is authorized byPROPERTY OFpayment
law (such as SAN BEDA REPRODUCE.
for insurance premiums PROPERTY
and union dues OF SAN B
c. In case of death, payment to heirs of the deceased employees without need of intestate proceedings
RSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR
(IRR of the Labor Code, Sec. 5, Rule VIII, Book III).
UNIVERSITY COLLEGE OF LAW. NO
PROPERTY OF SAN BEDA UNIVERSITY PROPERTY SALE. DO NOT
OF SAN BEDAREPRODUCE.
UNIVERSITY
UCE. PROPERTY
35.OF What
SAN BEDA REPRODUCE.
are the prohibitions regarding PROPERTY
wages? OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
E. DO NOT The following are the prohibitions
REPRODUCE. SALE.regarding
DO NOT wages:
REPRODUCE. SALE. DO NOT REPRODUCE.
ERTY OF SAN BEDA UNIVERSITY
• PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERS
Non-interference in disposal of wages – No employer shall interfere with the employee’s freedom
E OF LAW. NOT FOR SALE.toDOdispose
NOT of hisCOLLEGE OF shall
wages nor LAW.force,
NOT compel,
FOR SALE. DO NOT
or oblige COLLEGE
employees OF LAW.
to purchase NOT FOR SALE. DO
merchandise,
commodities or other property from the employer or from any other person, or otherwise make use of
any store or services of such employer or any other person (LABOR CODE, Art. 112);
RSITY COLLEGE OF LAW.
• No wage deduction – No employer shall make any deductions from the employee’s COLLEGE
NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY OF LAW. NOT
wages except
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA when authorized to do soSALE.
UNIVERSITY OF DO
PROPERTY(LABOR SAN NOT
CODE,
BEDAREPRODUCE.
Art. 113);
UNIVERSITY PROPERTYSALE.
OF DO
SANNOT
BEDAREPRODUCE.
UNIVERSITY
• No deposits for loss or damage – No employer shall require the worker to make deposits from which
F LAW. NOT FOR SALE. DOdeductions
NOT COLLEGE
shall OF for
be made LAW. NOT FOR SALE.
reimbursement of lossDO NOT
of or damageCOLLEGE OF LAW.orNOT
to tools, materials, FOR SALE. DO N
equipment
UCE. PROPERTY OF SAN BEDA REPRODUCE.
supplied by the PROPERTY
employer except when the OFemployer
SAN BEDA is engaged inREPRODUCE.
such business PROPERTY OF SAN BEDA
requiring such
deposits
Y COLLEGE OF LAW. NOT FOR as determined by the Secretary of Labor
UNIVERSITY COLLEGE OF LAW. NOT FOR (LABOR CODE, Art. 114);
UNIVERSITY COLLEGE OF LAW. NOT FO
• Limitations on deductions from deposits for loss or damage – No employer shall make any
E. DO
deduction fromPROPERTY OF NOT
the employee’s SAN REPRODUCE.
deposits
BEDA forUNIVERSITY
the actual amount of the SALE.
loss
PROPERTY DO
OF NOT
or damage REPRODUCE.
unless
SAN BEDAthe
UNIVERSITY
F LAW. NOT FOR SALE. DOemployee
NOT has been heard
COLLEGE OF thereon
LAW. NOTand his
FOR responsibility
SALE. DO NOT has been clearly
COLLEGEshownOF(LABOR
LAW. NOTCODE,FORArt.SALE. DO N
115);
UCE. PROPERTY OF SAN• BEDA
Withholding of REPRODUCE. PROPERTYprohibited
wages and kickbacks OF SAN BEDA REPRODUCE.
– No employer shall withhold anyPROPERTY OF SAN BEDA
amount from
Y COLLEGE OF LAW. NOT the
FORwages unless
UNIVERSITY
authorizedCOLLEGE
to do so OF LAW. NOT
or induce FOR to give
the employee UNIVERSITY
up any partCOLLEGE OF LAW.
of his wages by NOT FO
E. DO NOT REPRODUCE. force, stealth, intimidation,
SALE. threat
DO or dismissal
NOT REPRODUCE.or by any other means without his DO
SALE. (consent
NOT (LABOR
REPRODUCE.
ERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY
CODE, Art. 116); PROPERTY OF SAN BEDA UNIVERS
• No
E OF LAW. NOT FOR SALE. DOdeduction
NOT COLLEGE
to OF LAW. NOT
ensure employment – No
FOR SALE. DO
employer shallNOT COLLEGE
make deductions as OF LAW. NOTofFOR
consideration a SALE. DO
promise of employment or retention of employment (LABOR CODE, Art. 117);
• No retaliatory measures – No employer shall refuse to pay or reduce the wages and benefits or
RSITY COLLEGE OF LAW. NOT FOR discharge
otherwise UNIVERSITY COLLEGE
the employee OFfiled
who has LAW.
any NOT FOR under this
complaint UNIVERSITY
Title, or hasCOLLEGE
testified orOF
is LAW. NOT
ALE. DO NOT REPRODUCE. SALE. DO
about to testify in such proceedings
TY OF SAN BEDA UNIVERSITY NOT REPRODUCE.
(LABOR CODE, Art. 118); and
PROPERTY OF SAN BEDA UNIVERSITY
• No false reporting – No employer shall make any statement, report or record knowing such
F LAW. NOT FOR SALE. DOstatement,
NOT COLLEGE
report OF LAW.
or record NOTinFOR
to be false any SALE. DO
material NOT (LABOR
respect COLLEGE
CODE,OF
Art.LAW.
119). NOT FOR SALE. DO N
E. DO
SAN BEDA UNIVERSITY
36. D Manufacturing is engaged in the business of manufacture and sale of household appliances. The
F LAW. NOT FOR SALE. DO NOTand foremen
supervisors COLLEGE ofOF
theLAW. NOT FOR
company wereSALE.
then DO NOT a daily
receiving COLLEGE
wageOFof LAW.
P320 NOT
and FOR
P300,SALE. DO N
respectively. Sometime in 2005, a new law was passed increasing the statutory minimum wage and
UCE. PROPERTY OF salary
SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
rates in the private sector by P25 per day but only for those receiving the minimum wage and
Y COLLEGE OF LAW.
up NOT FORDid the wage
to P300. UNIVERSITY
increaseCOLLEGE OF LAW.
result in wage NOT FOR
distortion? Explain. UNIVERSITY COLLEGE OF LAW. NOT FO
E. DO NOT
ERTY REPRODUCE.
PROPERTY REPRODUCE.
OF SAN BEDA UNIVERS
Yes, the wage increase resulted in wage distortion. Wage distortion means a situation where an increase
E OF LAW. NOT FORin SALE. DO NOT
prescribed wage ratesCOLLEGE OF elimination
results in the LAW. NOTorFOR SALE.
severe DO NOTof intentional
contraction COLLEGE OF LAW.
quantitative NOT FOR SALE. DO
differences
ODUCE. PROPERTY inOFwage
SANorBEDA
salary rates between and among
REPRODUCE. employee OF
PROPERTY groups
SANinBEDA
an establishmentREPRODUCE.
as to effectively obliterate OF SAN B
PROPERTY
the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of
RSITY COLLEGE OF differentiation.
LAW. NOT FOR UNIVERSITY
In other words, COLLEGE
wage distortion OF LAW.
means NOT FOR or virtual
the disappearance UNIVERSITY COLLEGE
disappearance OF LAW. NOT
of pay
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA differentials between lower
and higher DO
SANNOT
OFpositions inREPRODUCE.
BEDAanUNIVERSITY
enterprise because of compliance
PROPERTY SALE.
withOF DO
SANNOT
a wage REPRODUCE.
order.
BEDA In
UNIVERSITY
the case at bar, only the daily wages of foremen were increased from P300 to P325, resulting in a situation
whereDO
theNOT
foremen COLLEGE OF LAW.
would receive more NOT
than FOR SALE.
that of DO NOT
the supervisors. COLLEGE
Thus, wage OF LAW. resulted
distortion NOT FOR(PISALE. DO N
11
Manufacturing PROPERTY
v. PI Manufacturing OF SAN
Supervisors andBEDA UNIVERSITY
Foreman Association, G.R. No.PROPERTY OF SAN 4,
167217, February BEDA UNIVE
2008).
RODUCE. PROPERTY
37. X Bank classifies its employees according to five (5) levels. Sometime in 2010, REPRODUCE.
OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA PROPERTY OF SAN
the Board of Directors
VERSITY COLLEGE OF LAW. NOT
approved a new FOR UNIVERSITY
salary scale wherein theCOLLEGE OF LAW.
hiring rates of newNOT FOR were UNIVERSITY
employees increased byCOLLEGE
PhP1,000 OF LAW. N
SALE. DO NOT for those
REPRODUCE. falling under Levels 1-3, and by PhP2,000
SALE. DO NOT for those
REPRODUCE. classified under Levels 4-5.
SALE. DO Only
NOTtheREPRODUCE
PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY
salaries of those who fell below the new minimum rates were adjusted. The union demanded for an OF SAN BEDA UN
OLLEGE OF LAW. NOT FOR SALE. DOincrease
across-the-board NOT forCOLLEGE OF LAW.
old employees. NOT refused
X Bank FOR SALE.
andDO NOT that
maintained COLLEGE OF obliged
it was not LAW. NOT FOR SA
to do so. In its
REPRODUCE. PROPERTY OF SAN BEDA complaint, the union contended that the adjusted
REPRODUCE. PROPERTY OF SAN BEDA salary scale resulted in a wage
REPRODUCE. PROPERTY OF
distortion using the classification based on new and old employees and thus necessitated a correction
UNIVERSITY COLLEGE OF LAW. NOT
or adjustment. DidFOR UNIVERSITY
the said change in salaryCOLLEGE OFinLAW.
scale result wageNOT FOR
distortion? UNIVERSITY COLLEGE OF LAW
SALE.
OPERTY OF DO
SANNOT
BEDAREPRODUCE.
OF DO
SANNOT
BEDAREPRODUCE.
OF DO
SANNOT REPROD
BEDA UNIVE
No, the change did not result in wage distortion. Jurisprudence laid down the four elements of wage
EGE OF LAW. NOT FOR SALE.toDO
distortion, wit: NOT COLLEGE
(1) an existing OFofLAW.
hierarchy NOTwith
positions FOR SALE. DO NOT
corresponding COLLEGE
salary rates; OF LAW.
(2) a significant NOT FOR SALE.
change
RODUCE. PROPERTY OFsalary
in the SAN rate
BEDA REPRODUCE.
of a lower pay class without aPROPERTY
concomitantOF SAN BEDA
increase in the salary rateREPRODUCE. PROPERTY
of a higher one; (3) the OF SAN
elimination of the distinction between the two levels; and (4) the existence of the distortion in the same region
of the country. In the case at bar, the first element is wanting. While seniority may be a factor in determining
wages, it cannot be the sole
RTY OF SAN BEDA UNIVERSITY PROPERTY SALE.
basis whenOF DO
theSAN NOT
nature REPRODUCE.
of their
BEDA work differs. Moreover,PROPERTY
UNIVERSITY SALE.
for purposes DO NOTBEDAREPRODUCE
of determining
OF SAN UNIVERSIT
the existence of wage distortion, employees cannot create their own independent classification as this is a
OF LAW. NOT FOR matter
SALE. ofDO NOT
management COLLEGE OF discretion
judgment and LAW. NOT FOR SALE.
(Bankard DO NOT
Employees COLLEGE
Union-Workers OF LAW.
Alliance Trade NOT FOR
Unions v. SALE. DO
DUCE. PROPERTY OF SANG.R.
NLRC, BEDA
No. 140689, REPRODUCE. PROPERTY OF SAN BEDA
February 17, 2004). REPRODUCE. PROPERTY OF SAN BED
38. How should a wage distortion be settled? (2006, 1997, 2009 Bar)
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
GE OF LAW. NOT FOR Where the application
SALE. DO NOT of any prescribed
COLLEGE OF LAW. wage
NOT increases
FOR SALE.by virtue
DO NOTof a law orCOLLEGE
wage order OFissued
LAW.by anyFOR SALE.
NOT
Regional Board results in distortions of the wage structure within an establishment, the employer and the union
RODUCE. PROPERTY OFnegotiate
shall SAN BEDA REPRODUCE.
to correct the distortions. PROPERTY
Any dispute OFfrom
arising SAN BEDA
wage distortion shallREPRODUCE. PROPERTY
be resolved through the OF SAN
ERSITY COLLEGE OF LAW. NOT
grievance FOR as provided
procedure UNIVERSITY COLLEGE
in the applicable OF LAW.
collective NOT FOR
bargaining UNIVERSITY
agreement and, COLLEGE
if the dispute remainsOF LAW. NO
SALE. unresolved, then through voluntary SALE.
arbitration.NOT
In cases where there are no collective bargaining agreements
RTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY PROPERTY OF DO SAN BEDA REPRODUCE.
OF DO
SANNOT
or recognized labor unions, the employers and workers shall endeavor to correct such wage distortions. Any
REPRODUCE
BEDA UNIVERSIT
OF LAW. NOT FOR dispute
SALE. DO NOTtherefrom
arising COLLEGE
shall beOF LAW.through
settled NOT FOR
the SALE.
NationalDOConciliation
NOT COLLEGE OF LAW.
and Mediation BoardNOT
and, FOR
if it SALE. DO
remains unresolved after ten (10) calendar days of conciliation, the issue of wage distortion shall be referred
to the appropriate branch of the NLRC (LABOR CODE, Art. 124, par. 5).
LE. DO
SAN BEDA UNIVERSIT
OF LAW. NOT39.
FOR WSALE. DO NOT
Company is engagedCOLLEGE OF LAW.
in a business NOT FOR
involving SALE. DO
integrated NOTto serve
circuits COLLEGE OF LAW. NOT
communications FOR SALE. DO
and data
DUCE. PROPERTY OF SAN BEDAindustries. REPRODUCE.
processing PROPERTY
Through negotiations byOFtheSAN BEDA
union, the company REPRODUCE. PROPERTY
agreed to increase theOF SAN BED
salaries/wages
ITY COLLEGE OF LAW. NOT FOR of its employees within a four-year period.
UNIVERSITY COLLEGE OF LAW. NOT FOR After a year of implementing the agreement,
UNIVERSITY COLLEGE OF LAW. NOT F
the company discovered an error in the automated payroll which caused overpayment of
OPERTY OF SAN BEDA UNIVERSITYto employees.
salaries/wages SALE. DO
PROPERTY NOT
OF SAN
Accordingly, REPRODUCE.
BEDA UNIVERSITY
the company SALE.
notified the employeesPROPERTY DO
that the NOT REPRODUCE.
OF SAN BEDA UNIVE
overpayment
will SALE.
GE OF LAW. NOT FOR be deducted
DO NOTon a staggered
COLLEGE OF basis.
LAW. The union
NOT FORopposed
SALE. DOtheNOTdeduction and thereafter
COLLEGE OF LAW.filed
NOTaFOR SALE.
complaint against the company for violation of Article 100 of the Labor Code on non-diminution of
RODUCE. PROPERTY OF SANWill
benefits. BEDA REPRODUCE. PROPERTY OF SAN BEDA
the action prosper? REPRODUCE. PROPERTY OF SAN
SALE. DO NOT No, the action will not prosper.
REPRODUCE. Diminution
SALE. DO of benefits
NOT is the unilateral withdrawal by
REPRODUCE. the employer
SALE. of
RTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF DO
SANNOT
BEDAREPRODUCE
UNIVERSIT
benefits already enjoyed by the employees. There is diminution of benefits when it is shown that: (1) the grant
OF LAW. NOT FOR orSALE. DOis NOT
benefit founded onCOLLEGE
a policy orOF
hasLAW. NOT
ripened intoFOR SALE. over
a practice DO NOT COLLEGE
a long period; OF LAW.
(2) the practice NOT FOR SALE. DO
is consistent
and deliberate; (3) the practice is not due to error in the construction or application of a doubtful or difficult
question of law; and (4) the diminution or discontinuance is done unilaterally by the employer. In this case, the
ITY COLLEGE OF LAW.
third requisite is absent. An erroneously granted benefit may be withdrawn without violatingCOLLEGE
NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY OF LAW. NOT F
the prohibition
LE. DO
SAN BEDA
against non-diminution
UNIVERSITY
of SALE. DO
benefits
PROPERTY OF NOT
because no REPRODUCE.
vested
SAN BEDA
right may
UNIVERSITY
be said to have arisenSALE. DO
nor
PROPERTY
any
OF NOT REPRODUCE.
diminution
SAN BEDA
of
UNIVERSIT
benefit may have resulted (TSPIC Corp v. TSPIC Employees Union, G.R. No. 163419, February 13, 2008).
LE. DO NOT
OPERTY REPRODUCE.
PROPERTY REPRODUCE.
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
GE OF LAW. NOT
40. FOR
As aSALE. DOrule,
general NOTevery employee
COLLEGE who OF LAW. NOT FORatSALE.
has rendered DO NOT
least one COLLEGE
year of service shall OF LAW. NOT
be entitled to aFOR SALE.
RODUCE. PROPERTYyearly service
OF SAN incentive leave
BEDA of five (5) days
REPRODUCE. with pay.OF
PROPERTY Who areBEDA
SAN excluded fromREPRODUCE.
the benefit? PROPERTY OF SAN
ERSITY COLLEGE OF LAW.
The NOTare
following FORnot entitledUNIVERSITY COLLEGE
to service incentive OF LAW. NOT FOR
leave: UNIVERSITY COLLEGE OF LAW. NO
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA • Government employees
OF DO
SANNOT
BEDA REPRODUCE.
UNIVERSITY PROPERTYSALE.OF DO
SANNOTBEDAREPRODUCE
UNIVERSIT
• Managerial employees and officers or members of the managerial staff
OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
• Persons in the personal service of another
COLLEGE OF LAW. NOT FOR SALE. DO
• BEDA REPRODUCE.
Field personnel and those whosePROPERTY OF SAN BEDA
time and performance is unsupervisedREPRODUCE. PROPERTY OF SAN BED
by the employer
12
• Those already enjoyingPROPERTY OF SAN BEDA UNIVERSITY
the benefit PROPERTY OF SAN BEDA UNIVER
•
Those enjoying COLLEGE OF LAW. NOT FOR SALE. DO NOT
vacation leave with pay of at least five (5) days COLLEGE OF LAW. NOT FOR SALE. D
ODUCE. PROPERTY OF•SAN Those employed in establishments regularly employing less than 10 employees (2018 Handbook on
BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN B
Workers’ Statutory Monetary Benefits, p. 26).
RSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NO
SALE. DO NOT
ROPERTY REPRODUCE.
41.
OF SAN X worked as a
BEDA UNIVERSITYbus driver for AB SALE. DO NOT
Trans.
PROPERTY His REPRODUCE.
daily
OF SAN route is from
BEDA UNIVERSITYLipa City, BatangasSALE. DO NOT
to Cubao,
PROPERTY REPRODUCE.
Quezon
OF SAN BEDA UNIV
City. For every trip, he is required to report on time to ensure prompt departure and arrival. Bus
LEGE OF LAW. NOTinspectors
FOR SALE.alsoDO board
NOT the COLLEGE OF LAW.
bus for general NOT FOR
inspection SALE.
while onDO
theNOTway fromCOLLEGE
the pointOF of LAW.
originNOT
to FOR SAL
destination.
EPRODUCE. PROPERTY OF SANDuring
BEDA his five (5)REPRODUCE.
years of employment,
PROPERTY he OF
did SAN
not use
BEDAhis service incentive
REPRODUCE.leave. PROPERTY
When OF SA
he was dismissed, he sued his employer for non-payment of commutable service incentive. AB Trans
IVERSITY COLLEGEargued
OF LAW.
thatNOT FOR
X was UNIVERSITY
not entitled COLLEGEleave
to service incentive OF LAW. NOT
because heFOR UNIVERSITY
is considered COLLEGE OF LAW.
as a field personnel
SALE.
PERTY OF DO
SANNOT REPRODUCE.
paid
BEDA on a commission basis
and thus OF DO
SANNOT
excluded REPRODUCE.
from
BEDA the benefit. Will the actionPROPERTY
UNIVERSITY SALE.OF DO
of X prosper? NOT
Explain.
SAN BEDAREPRODU
UNIVER
E OF LAW. NOT FOR SALE. DOaction
Yes, the NOTof X will
COLLEGE
prosper. OF LAW.
Section NOT
1(D), FOR
Rule SALE.IIIDO
V, Book NOT
of the COLLEGE
Implementing RulesOF
andLAW. NOT FOR SALE. D
Regulations
ODUCE. PROPERTYofOFtheSAN
LaborBEDA
Code excludesREPRODUCE.
field personnel PROPERTY OF SAN BEDA
and other employees whose performance REPRODUCE. PROPERTY
is unsupervised by the OF SAN B
employer including
RSITY COLLEGE OF LAW. NOT FOR those who are engaged on purely
UNIVERSITY COLLEGE OF LAW. NOT FOR commission basis. However, the phrase
UNIVERSITY COLLEGE "other
OF LAW. NO
employees whose performance is unsupervised by the employer" must not be understood as a separate
TY OF SAN BEDA UNIVERSITY PROPERTY
classification but must be SALE.
taken as anOF DO NOT REPRODUCE.
SAN BEDAofUNIVERSITY
amplification PROPERTY
the definition of field personnel. SALE.
Here, OF DO
SAN
while NOT
X isBEDA REPRODUCE.
UNIVERSITY
paid on
a commission basis, his work is supervised by his employer. Not being considered as field personnel, X is
entitled to service incentive leave (Auto Bus v. Bautista, G.R. No. 156367, May 16, 2005).
Note: D.O. No. 118-12UNIVERSITY COLLEGE OF LAW. NOT FOR
expressly provides that public utility bus drivers and UNIVERSITY
conductors are COLLEGE
now entitledOF
to LAW.
be NOT FO
paid service incentive leave of five (5) days for every year of service.
ERTY OF SAN BEDA UNIVERSITY SALE. DO NOT REPRODUCE.
PROPERTY OF SAN BEDA UNIVERS
E OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
42. What are the conditions for entitlement to the maternity leave benefit?
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA To be entitled to thePROPERTY
UNIVERSITY SALE.
maternity OF DO
leave NOT
benefit,
SAN BEDA aREPRODUCE.
female employee should bePROPERTY
UNIVERSITY SALE.
OF DO
an SSS member NOT REPRODUCE.
employed
SAN BEDA at
UNIVERSITY
the time of her delivery or miscarriage; she must have given the required notification to the SSS through her
F LAW. NOT FOR SALE. DO NOT
employer; COLLEGE
and her employer OFhave
must LAW. NOT
paid FORthree
at least SALE.monthly
DO NOT COLLEGE
contributions to the OF
SSSLAW.
withinNOT FOR SALE. DO N
the twelve-
UCE. PROPERTY OF month
SAN BEDA REPRODUCE.
period immediately PROPERTY
before the date OF SAN BEDA
of the contingency (i.e., childbirth orREPRODUCE. PROPERTY
miscarriage) (2018 OF SAN BEDA
Handbook
on Workers’
Y COLLEGE OF LAW. NOT FOR Statutory Monetary Benefits, p. 28).
UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FO
E. DO
SAN BEDA
43. UNIVERSITY whoSALE.
A, a female employee,PROPERTY DO
OF NOT
is living-inSAN REPRODUCE.
withBEDA UNIVERSITY
B, is pregnant with her fourthPROPERTY SALE.
child. PriorDO
OF NOT
SANdue
to her REPRODUCE.
BEDA UNIVERSITY
date,
she filed for maternity leave, but the employer refused the application because she is not married. Is
F LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
the refusal of the employer justified?
COLLEGE OF LAW. NOT FOR SALE. DO N
No, the refusal of UNIVERSITY COLLEGE OF LAW. NOT FOR
the employer is not justified. The law does not UNIVERSITY
discriminate based onCOLLEGE OF LAW.
the civil status of NOT FO
a female employee. Accordingly, this benefit applies to all female employees, whether married or unmarried.
ERTY OF SAN BEDAAsUNIVERSITY SALE.
PROPERTY
long as the female employee
DO NOT
OFatSAN
has paid
REPRODUCE.
leastBEDA
three UNIVERSITY
SALE.
PROPERTY
(3) monthly contributions in
DO NOT REPRODUCE.
OF SANperiod
the twelve-month BEDA UNIVERS
E OF LAW. NOT FORimmediately
SALE. DOpreceding
NOT the semesterOF
COLLEGE of her
LAW.childbirth,
NOT FOR she SALE.
can avail
DOofNOT
the maternity benefitsOF
COLLEGE by LAW.
complying
NOTwith
FOR SALE. DO
the requirements on notification. Hence, even if A is not married, she is still entitled to the maternal leave,
ODUCE. PROPERTY regardless
OF SAN BEDA REPRODUCE.
of civil status or the legitimacyPROPERTY
of her childOF(2018
SAN Handbook
BEDA REPRODUCE.
on Workers’ StatutoryPROPERTY
Monetary OF SAN B
RSITY COLLEGE OF Benefits,
LAW. NOT FOR
p. 28). UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT
OF DO
SANNOT
BEDAREPRODUCE.
UNIVERSITY
UCE. PROPERTY OF SAN BEDA
44. What are the REPRODUCE. PROPERTY OF SAN BEDA
conditions for entitlement of paternity leave benefit? REPRODUCE. PROPERTY OF SAN BEDA
A legally married male employee in the private and public sector shall be entitled to a seven-day paternity
E. DO
SAN BEDA UNIVERSITY heSALE.
PROPERTY
leave benefit provided that has metDO NOT
OFthe
SAN REPRODUCE.
BEDA
following UNIVERSITY
conditions: SALE. DO
SAN BEDA UNIVERSITY
F LAW. NOT FOR SALE.a.
DOHe is an employee at the time of the delivery of his child;
NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO N
b. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;
UCE. PROPERTY OF SANc.BEDA REPRODUCE. PROPERTY OF SAN BEDA
He has applied for paternity leave with his employer within a reasonableREPRODUCE.
period ofPROPERTY OF SAN BEDA
time from the
Y COLLEGE OF LAW. NOT expected
FOR date of delivery by
UNIVERSITY his pregnant
COLLEGE spouse,
OF LAW. NOTorFORwithin such UNIVERSITY
period as may be provided
COLLEGE by
OF LAW. NOT FO
company rules and regulations, or by collective bargaining agreement; and
E. DO NOT
ERTY REPRODUCE.
OF SAN BEDA UNIVERSITY
d. His wife, to whom he SALE.
PROPERTY DOmarried,
is legally NOT
OF SANREPRODUCE.
BEDA
has UNIVERSITY
given SALE.(2018
PROPERTY
birth or suffered a miscarriage DO NOT
OF REPRODUCE.
SAN
HandbookBEDA
on UNIVERS
E OF LAW. NOT FOR SALE.Workers’
DO NOTStatutory Monetary
COLLEGE OFBenefits,
LAW. NOTp. 30).
FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
ALE.
TY OF DO
SANNOT REPRODUCE.
OF DO
SANNOT
BEDA REPRODUCE.
UNIVERSITY SALE.
PROPERTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
13
45. A isOF
RODUCE. PROPERTY married to B and they have
SAN BEDA three minorPROPERTY
REPRODUCE. children. Later on, B
OF SAN was convictedREPRODUCE.
BEDA for the crime of theft
PROPERTY OF SAN
and meted the penalty of imprisonment for two years. B was then arrested and jailed to serve the
VERSITY COLLEGE OF LAW. NOT
sentence. Is A FOR UNIVERSITY
considered as COLLEGE OF LAW. NOT FOR
a solo parent? UNIVERSITY COLLEGE OF LAW. N
SALE. DO NOT
PROPERTY REPRODUCE.
PROPERTY REPRODUCE.
PROPERTY OF SAN REPRODUCE
BEDA UN
Yes, A is considered as a solo parent because she was left with the responsibility of parenthood due to
OLLEGE OF LAW. NOT FOR SALE.
the criminal DO NOT
conviction resulting COLLEGE OF LAW.ofNOT
to the imprisonment FOR SALE.
her spouse for atDO NOT
least COLLEGE
a year. Section 3 (a)OF LAW.
of R.A. No.NOT FOR SA
REPRODUCE. PROPERTY OF SANthat
8972 provides BEDA REPRODUCE. PROPERTY OF SAN BEDA
a solo parent is: REPRODUCE. PROPERTY OF
UNIVERSITY COLLEGE OF• LAW.
A woman
NOTwho FORgives birth as a result of
UNIVERSITY rape andOF
COLLEGE other crimes
LAW. NOTagainst
FOR chastityUNIVERSITY
provided sheCOLLEGE
keeps OF LAW
and raises the child
SALE.
OPERTY OF DO
SANNOT
BEDAREPRODUCE.
•UNIVERSITY with theSALE.
PROPERTY
Parent left solo or alone OF DO
SANNOT ofREPRODUCE.
BEDA
responsibility UNIVERSITY
parenthood due to: PROPERTY SALE.
OF DO
SANNOT
BEDAREPROD
UNIVE
o DO
EGE OF LAW. NOT FOR SALE. Death
NOT of the spouse
COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
o Spouse is detained of serving sentence for criminal conviction for at least a year
RODUCE. PROPERTY OF SAN
o BEDA
Due to physical orREPRODUCE. PROPERTY
mental incapacity of spouseOF SAN BEDA REPRODUCE. PROPERTY OF SAN
o Due to legal UNIVERSITY COLLEGE OF LAW. NOT FOR
separation or de facto separation from spouse for at least 1 UNIVERSITY
year so long asCOLLEGE
entrusted OF LAW. N
SALE. DO NOT with custody of the child
RTY OF SAN BEDAREPRODUCE.
UNIVERSITY o PROPERTY SALE. DO NOT
UNIVERSITY PROPERTY SALE. DO NOT
OF SAN BEDAREPRODUCE
Due to declaration of nullity or annulment of marriage as long as in custody of the children UNIVERSIT
o NOT
OF LAW. NOT FOR SALE. DO Due to abandonment
COLLEGE OF of spouse for atFOR
LAW. NOT leastSALE.
1 year.DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
• Unmarried mother or father who preferred to keep and rear his or her children
o Any other person who solely provides parental care and support to a child.
ITY COLLEGE OF LAW. NOTo FOR
Any family UNIVERSITY
member whoCOLLEGE
assumes OFthe LAW. NOT FOR
responsibility of head ofUNIVERSITY COLLEGE
family as a result OF LAW. NOT F
of death,
LE. DO NOT REPRODUCE. SALE. DO
abandonment, disappearance
OPERTY OF SAN BEDA UNIVERSITY NOT REPRODUCE.
or prolonged SALE.
absence of the parent (R.A. No.
PROPERTY OF SAN BEDA UNIVERSITY DO
8972, NOT
Sec. 3).REPRODUCE.
46. OF
ERSITY COLLEGE A LAW.
was employed
NOT FORby BKY Company
UNIVERSITY on June 10, 2010.
COLLEGE Sometime
OF LAW. NOTinFOR
2018, she suffered from COLLEGE
UNIVERSITY intraductalOF LAW. NO
papilloma. Her doctor advised her that she needs to undergo the procedure of excision of the
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY PROPERTY
lactiferous duct fistula. As SALE.
a result, OF DO
she SAN NOT
filed BEDAREPRODUCE.
UNIVERSITY
a leave under the special leavePROPERTYSALE.
benefits DO
SANNOT
OFwomen.
for Is REPRODUCE
BEDA A UNIVERSIT
OF LAW. NOT FOR entitled
SALE. DOto such
NOT benefit?
COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO
Yes, A is entitled to the special leave benefit for women. Section 18 of R.A. REPRODUCE. PROPERTY
No. 9710 provides that aOF SAN BED
ITY COLLEGE OF LAW.
woman NOT FOR havingUNIVERSITY
employee COLLEGE
rendered continuous OF LAW.
aggregate NOT FORservice ofUNIVERSITY
employment at least six (6)COLLEGE
months forOF
theLAW. NOT F
LE. DO last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her
SAN BEDA
gross monthly compensation following surgery caused by gynecological disorders (R.A. No. 9710, Sec. 18). UNIVERSIT
47. B, a female
DUCE. PROPERTY OF SAN BEDA employee, filed charges against her live-in
REPRODUCE. PROPERTY OF SAN BEDA partner under R.A. No. 9262 or Anti-Violence
Against Women and Their Children Act. After suffering trauma, she filed for a leave. However, her
ITY COLLEGE OF LAW. NOT did
employer FORnot approve
UNIVERSITY
the sameCOLLEGE OF LAW.
claiming that NOT FOR
she already used up allUNIVERSITY COLLEGE
her sick leave. OF LAW. NOT F
Is B entitled
to file for a leave?
GE OF LAW. NOT FOR Yes,
SALE.B DO NOT to a leave
is entitled COLLEGE
underOF LAW.
R.A. NOT FOR
No. 9262. UnderSALE. DO43NOT
Section COLLEGE
of R.A. No. OF LAW.
9262, victims NOT FOR SALE.
of violence
against women
RODUCE. PROPERTY OF SAN BEDA and their children shall be entitled to take
REPRODUCE. PROPERTY OF SAN BEDAa paid leave of absence up to 10 days in addition
REPRODUCE. PROPERTY to OF SAN
other paid leaves under the Labor Code extendible when the necessity arises as specified in the protection
order. Hence, even if B already used up all her sick leaves, she is still entitled to take a leave under R.A. No.
9262 (R.A.
RTY OF SAN BEDA UNIVERSITY No. 9262, Sec. 43). SALE. DO NOT REPRODUCE.
OF DOSANNOTBEDAREPRODUCE
UNIVERSIT
LE. DO
SAN BEDA UNIVERSIT
48. What are the acts of discrimination prohibited under the Labor Code? REPRODUCE. PROPERTY OF SAN BED
LE. DO NOT Article
REPRODUCE. 133 of the Labor Code provides
SALE. DO NOTthat it shall be
REPRODUCE. unlawful for any employer to discriminate
SALE. DO NOT against
REPRODUCE.
OPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN
any woman employee with respect to terms and conditions of employment solely on account of her sex. BEDA UNIVE
GE OF LAW. NOT FOR SALE. DO
Specifically, theNOT COLLEGE
following are OF LAW. NOT FOR SALE. DO NOT
acts of discrimination: COLLEGE OF LAW. NOT FOR SALE.
a. Payment
RODUCE. PROPERTY OF SAN BEDA of lesser compensation,
REPRODUCE.including
PROPERTY wage,
OFsalary or other form of REPRODUCE.
SAN BEDA remuneration and fringe
PROPERTY OF SAN
benefits, to a female employee as against a male employee for work of equal value; and
b. Favoring UNIVERSITY
a male employee over aCOLLEGE OF LAW.
female employee withNOT FORto promotion,
respect UNIVERSITY COLLEGE OF LAW. NO
training opportunities,
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA study
UNIVERSITY and scholarship
PROPERTY SALE.
grants
OF DO
SANNOT
solely on REPRODUCE.
account
BEDA of their
UNIVERSITYsexes (LABOR CODE, SALE.
Art.
PROPERTY OF DO
133).
SANNOT
BEDA REPRODUCE
UNIVERSIT
14
PERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVER
E OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. D
49. POF
ODUCE. PROPERTY Airlines is an airline company
SAN BEDA cateringPROPERTY
REPRODUCE. domestic flights
OF SAN in the
BEDAcountry. Z was hired as a stewardess
in May 2000. Sometime in March 2015, P Airlines fired Z on the ground that she had gotten married.
RSITY COLLEGE OFThe
LAW. NOT FOR
dismissal was pursuantUNIVERSITY COLLEGE
to a company policyOF LAW. NOT
requiring that aFOR UNIVERSITY
female employee must beCOLLEGE OF LAW. NO
single and
SALE. DO NOT
ROPERTY REPRODUCE.
OF SAN BEDA UNIVERSITY SALE. DO
shall not marry during her employment.
PROPERTY NOT
OF SANREPRODUCE.
P Airlines justified its company policy based
BEDA UNIVERSITY SALE. DO130
on Art.
PROPERTY NOT REPRODUCE.
OFofSAN
the
BEDA UNIV
Labor Code which states that an employer can determine appropriate standards for retirement or
LEGE OF LAW. NOTtermination
FOR SALE.inDO NOT occupations
special COLLEGE OFas
such LAW. NOT
those FOR attendants
of flight SALE. DO NOT COLLEGE
and the like. OF LAW.
Did P Airlines NOT FOR SAL
violate
EPRODUCE. PROPERTY OF SAN
the Labor BEDA
Code? REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SA
IVERSITY COLLEGE OFYes,
LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW.
P Airlines violated Article 134 of the Labor Code which specifically provides that it shall be unlawful
SALE.
PERTY OF DO
SANNOT REPRODUCE.
forUNIVERSITY
BEDA an employer to require as PROPERTY SALE.
a condition ofOF DO
SANNOT
employment
BEDAREPRODUCE.
or UNIVERSITY
continuation of employment SALE.
that a woman
PROPERTY DO
SANNOT
OFemployee
BEDA REPRODU
UNIVER
shall not get married, or to stipulate expressly or tacitly that upon getting married a woman employee shall be
E OF LAW. NOT FOR SALE.resigned
deemed DO NOT COLLEGE
or separated, or to OF LAW.dismiss,
actually NOT FOR SALE. discriminate
discharge, DO NOT or otherwise
COLLEGEprejudice
OF LAW.a woman
NOT FOR SALE. D
ODUCE. PROPERTYemployee
OF SAN merely
BEDA by reason REPRODUCE.
of her marriage.PROPERTY
In the case OF SAN
at bar, theBEDA REPRODUCE.
stipulation requiring PROPERTY
a female employee to OF SAN B
be single violates
RSITY COLLEGE OF LAW. NOT FOR the prohibition on stipulations against
UNIVERSITY COLLEGE OF LAW. NOT FORmarriage. Article 134 provides protection for women
UNIVERSITY COLLEGE OF LAW. NO
that is broader and more powerful than the regulation provided under Article 130 (Zialcita v. PAL, Case No.
RO4-3-3398-76, February PROPERTY SALE. DO NOT REPRODUCE.
20, 1977).OF SAN BEDA UNIVERSITY PROPERTY SALE. DO NOT
UNIVERSITY
50. GG Airlines hired and recruited A, B and C as flight attendants. They continued their employment until
UCE. PROPERTY OF they
SAN were
BEDAseparated REPRODUCE.
from service on PROPERTY OF SAN
various dates. BEDA
Later, A, B and C REPRODUCE. PROPERTY
brought an action OF SAN BEDA
for illegal
dismissal against UNIVERSITY COLLEGE OF LAW. NOT FOR
GG Airlines. According to them, the termination of UNIVERSITY COLLEGE OF LAW. NOT FO
their employment was illegal
E. DO NOT because the same was made
REPRODUCE. solely
SALE. DO on the
NOT ground that they became pregnant.
REPRODUCE. In DO
SALE. its NOT
defense, GG
REPRODUCE.
Airlines invoked the Employment Contract which provides that the employment of a flight attendant
who DO NOT
becomes pregnantCOLLEGE OFduring
at any time LAW. the NOT FOR
term of SALE. DO NOT
the contract COLLEGE
shall render OF LAW.void
such contract NOTandFOR SALE. DO
shall be cause for termination for lack of medical fitness. Decide the case.
RSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY
A, B and C were illegally dismissed. It is illegal and unlawful to terminate the employment of COLLEGE OF LAW. NOT
any woman
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA
by reason
UNIVERSITY
of pregnancy. Section
PROPERTY SALE.
135
OF DO
of
SANNOT
the Labor
BEDA REPRODUCE.
Code provides
UNIVERSITY
that it shall be SALE.
unlawful
PROPERTY OF DO
for
SANNOT
any REPRODUCE.
employer
BEDA
to
UNIVERSITY
discharge a woman on account of her pregnancy. While pregnancy does present physical limitations that may
renderDO NOT the performance
difficult COLLEGE OF LAW. NOT
of functions FOR SALE.
associated with DO NOT
being COLLEGEit would
a flight attendant, OF LAW. NOT FORbeSALE. DO N
nevertheless
UCE. PROPERTY OF the
SANheight
BEDAof iniquity toREPRODUCE.
view pregnancy as a disability
PROPERTY so permanent
OF SAN BEDA and immutable that, it PROPERTY
REPRODUCE. must entail the
OF SAN BEDA
termination of one's employment. It is clear that any individual, regardless of gender, may be subject to
exigencies UNIVERSITY
that limit the performanceCOLLEGE OF but
of functions, LAW. NOT FOR
pregnancy could not be UNIVERSITY COLLEGE
such an impairing OF LAW. NOT FO
occurrence
E. DO
SAN BEDA that it leaves no other recourse
UNIVERSITY SALE.
PROPERTY but DO
the NOT
OF completeREPRODUCE.
SAN BEDA termination of the means through
UNIVERSITY SALE.
which DO
PROPERTY aOF NOT
woman REPRODUCE.
earns a
SAN BEDA UNIVERSITY
living (LABOR CODE, Art. 135; Saudi Arabian Airlines v. Rebesencio et al., G.R. No. 198587, January 14,
2015).DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO N
ERTY OF SAN51.
BEDAAUNIVERSITY SALE.
PROPERTY
is a female employee working
DO NOT
as anOF
REPRODUCE.
SANclerk
office BEDA UNIVERSITY
under
SALE.
PROPERTY
the supervision of B,
DO NOT REPRODUCE.
OF SAN BEDA
the office manager. On UNIVERS
E OF LAW. NOT FORseveral
SALE.occasions,
DO NOT B called A asking
COLLEGE her toNOT
OF LAW. come to his
FOR office.
SALE. At one time,
DO NOT while inside
COLLEGE the office,
OF LAW. NOT FORB SALE. DO
touched her shoulder and part of her neck. He also tickled her ears. A filed a complaint for sexual
ODUCE. PROPERTY harassment.
OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN B
B argued that his acts do not constitute sexual harassment because A did not allege in
RSITY COLLEGE OF her
LAW. NOT FOR
complaint that there UNIVERSITY COLLEGE
was a demand, request,OF LAW. NOT FOR
or requirement UNIVERSITY
of a sexual favor COLLEGE
as a condition OF LAW. NOT
for her
ALE. DO NOT continued employment or for her
REPRODUCE. promotion
SALE. DO NOT to a higher position. Is B guilty of sexual
REPRODUCE. SALE. harassment?
DO NOT REPRODUCE.
Explain. PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY
Yes,
UCE. PROPERTY OF SAN BEDA B is guilty of sexual harassment. It is true
REPRODUCE. PROPERTY OF SAN BEDA that sexual harassment under R.A. No. 7877
REPRODUCE. calls forOF
PROPERTY a SAN BEDA
“demand, request or requirements of a sexual favor”. However, it is not essential that the demand, request or
Y COLLEGE OF LAW. NOT FORbe made as
requirement UNIVERSITY COLLEGE
a condition for continued OF LAW. NOTorFOR
employment for promotionUNIVERSITY COLLEGE
to a higher position. OF LAW. NOT FO
It is enough
E. DO
SAN BEDA UNIVERSITY SALE.
that the respondent’s acts result
PROPERTY DO
OF NOT
in creating
SANan REPRODUCE.
BEDA UNIVERSITY SALE. DO
intimidating, hostile or offensive environment
PROPERTY NOT
for the
OF SAN REPRODUCE.
employee.
BEDA UNIVERSITY
In the case at bar, the acts committed by B generated an intimidating and hostile environment for A (Domingo
F LAW. NOT FOR SALE. DO NOT
v. Rayala, COLLEGE
G.R. No. 155831, OF LAW.
February 18, NOT
2008).FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO N
E. DO NOT
ERTY REPRODUCE.
OF SAN BEDAR,UNIVERSITY
52. a 17-year-old girl, signed
SALE.
PROPERTYDO NOT
a contract OF
REPRODUCE.
withSAN
MG BEDA UNIVERSITY
Company
SALE. DO
PROPERTY
to work as a model promoting
NOT
theOF
REPRODUCE.
SAN
new BEDA UNIVERS
flavors
E OF LAW. NOT FORof SALE.
Crazy DO
Vodka,
NOTits premier alcoholic
COLLEGE product.
OF LAW. NOTIt FOR
was stipulated
SALE. DO inNOTthe contract that since
COLLEGE R is aNOT
OF LAW. minor,
FOR SALE. DO
she will only work for eight (8) hours per day during the shooting and will not work beyond 10:00 P.M.
ODUCE. PROPERTY until
OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA
6:00 A.M. the next morning. Did MG Company violate any law? REPRODUCE. PROPERTY OF SAN B
ALE. Yes, MG Company violated R.A. No. 9231. Under D.O. No. 65-04, the rules and regulations implementing
TY OF DO
SANNOT REPRODUCE.
OF DO
SANNOT
BEDAREPRODUCE.
OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
R.A. No. 9231, as amended, no child below 18 years of age shall be employed as a model in any advertisement
F LAW. NOT FOR SALE. DOorNOT
directly COLLEGEalcoholic
indirectly promoting OF LAW.beverages,
NOT FORintoxicating
SALE. DO drinks,
NOT tobacco
COLLEGE
and itsOF LAW. NOT
byproducts, FOR SALE. DO N
gambling
15
or any PROPERTY
form of violence or pornography. OF MG
Thus, SANCompany
clearly violated the prohibition when OF SAN BEDA UNIVE
it engaged
R in advertising
EGE OF LAW. NOT FOR SALE. DO NOT an alcoholic beverage. (D.O. No. 65-04, Sec. 6).
COLLEGE OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
SALE. DO NOT
PROPERTY OF REPRODUCE.
53.SAN
DBEDA
is employed
UNIVERSITY SALE. DO
by A Company to PROPERTY
perform NOT
laundry
OF SANREPRODUCE.
services
BEDAatUNIVERSITY SALE.while
its staff house. One morning, DO NOT
PROPERTY REPRODUCE
D was
OF SAN BEDA UN
performing her assigned task and hanging her laundry, she accidentally slipped and hit her back on a
OLLEGE OF LAW. NOT FORThe
stone. SALE. DO NOT
accident preventedCOLLEGE
her fromOF LAW. NOT
working. She FOR
was SALE. DO NOT
permitted COLLEGE
to go on leave OF LAW. NOT FOR SA
for medication.
REPRODUCE. PROPERTY
After a OF SANABEDA
month, Company offeredREPRODUCE.
her PhP5,000PROPERTY
to persuadeOFherSAN
to BEDA REPRODUCE.
quit her job instead. D refusedPROPERTY
and OF
informed A Company
UNIVERSITY COLLEGE OF LAW. NOT FOR that she preferred to return to work. A was
UNIVERSITY COLLEGE OF LAW. NOT FOR not permitted to work again and was
UNIVERSITY COLLEGE OF LAW
thereafter dismissed. Hence, D filed a case for illegal dismissal before the Labor Arbiter. The Labor
SALE.
OPERTY OF DO
SANNOT
BEDAREPRODUCE.
UNIVERSITY
Arbiter PROPERTY
awarded salary differential, 13SALE.
th
OF DO
SAN
month NOT
payBEDAREPRODUCE.
UNIVERSITY
differential and separation pay. NLRCSALE.
PROPERTY OF DO
SAN
affirmed NOT REPROD
BEDA
and UNIVE
held that D was a regular employee and thus entitled to such benefits. In its defense, A Company
insisted that D is a mere domestic helper and not a regular employee. Is D a kasambahay? Explain.
No, D is not a UNIVERSITY COLLEGE OF LAW. NOT FOR
kasambahay. Under Section 4(d) of R.A. No. 10361, a domesticUNIVERSITY COLLEGE OF LAW. N
worker or kasambahay
refers to any person engaged in domestic work within an employment relationship. Domestic or household
RTY OF SAN BEDA UNIVERSITY
service shall mean servicePROPERTY
SALE. DO
OF SAN
in the employer’s
NOT
BEDA
home
REPRODUCE.
whichUNIVERSITY PROPERTY
is usually necessary or desirable
SALE. SANNOT
DO BEDAREPRODUCE
OFmaintenance
for the UNIVERSIT
OF LAW. NOT FOR and enjoyment
SALE. DO NOTthereofCOLLEGE
and includes
OFministering
LAW. NOTtoFORthe personal
SALE. DO comfort
NOT and convenience
COLLEGE OFof LAW.
the members
NOT FOR of SALE. DO
the employer’s household. The criterion is the personal comfort and enjoyment of the family of the employer in
DUCE. PROPERTY OFtheSAN
homeBEDA REPRODUCE.
of said employer. PROPERTY
The definition cannot beOF SAN BEDA
interpreted REPRODUCE.
to include househelper PROPERTY OF SAN BED
or laundrywomen
ITY COLLEGE OF LAW. NOT
working in FOR
staff houses UNIVERSITY
of a company.COLLEGE
Hence, DOF LAW.beNOT
cannot FOR as a UNIVERSITY
considered COLLEGE
kasambahay (Apex OFv.LAW. NOT F
Mining
LE. DO NOT NLRC, G.R. No. 94951, April 22,
REPRODUCE. 1991).
SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
GE OF LAW. NOT
54. FOR
WhatSALE. DOrights
are the NOT and benefits
COLLEGE of OF LAW. NOT granted
a kasambahay FOR SALE. DORA
under NOT COLLEGE
10361 or OF LAW. NOT FOR SALE.
Batas Kasambahay?
The following are the rights of a kasambahay:
a. Minimum wage; UNIVERSITY COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NO
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA b. Other mandatory benefits, SALE.
UNIVERSITY PROPERTY such asDO
theNOT
OF SAN dailyREPRODUCE.
BEDA and weekly rest periods;
OF DO
SANNOT REPRODUCE
BEDA UNIVERSIT
c. Service Incentive Leave;
OF LAW. NOT FOR SALE.
d. DO NOT
13th COLLEGE OF LAW. NOT FOR SALE. DO NOT
month pay; COLLEGE OF LAW. NOT FOR SALE. DO
DUCE. PROPERTY OF SAN Freedom from employers’
e. BEDA interference
REPRODUCE. in the disposal
PROPERTY OF SAN of wages;
BEDA REPRODUCE. PROPERTY OF SAN BED
f. Coverage under the SSS, PhilHealth and Pag-IBIG laws;
ITY COLLEGE OF LAW.g.NOT FOR UNIVERSITY COLLEGE OF LAW. NOT FOR
Standard of treatment;
UNIVERSITY COLLEGE OF LAW. NOT F
LE. DO
SAN BEDA h. Board, lodging and
UNIVERSITY SALE.attendance;
medical
PROPERTY DO
OF NOT REPRODUCE.
SAN BEDA UNIVERSIT
i. Right to privacy;
OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
j. Access to outside communication;
k. BEDA REPRODUCE.
Access to education and training;PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BED
l. Right
ITY COLLEGE OF LAW. NOT FOR to form, join, or assist labor
UNIVERSITY organization;
COLLEGE OF LAW. NOT FOR UNIVERSITY COLLEGE OF LAW. NOT F
m. Right to be provided a copy of the employment contract;
OPERTY OF SAN BEDA UNIVERSITY SALE.
n. Right to certificate of PROPERTY DO NOT REPRODUCE.
employment;OF SAN BEDA UNIVERSITY SALE. DO NOT
PROPERTY REPRODUCE.
OF SAN BEDA UNIVE
GE OF LAW. NOT FOR o. Right
SALE. DOtoNOT
terminate COLLEGE
the employment;
OF LAW.andNOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE.
p. Right to exercise their own religious beliefs and cultural practices.
RTY OF SAN BEDA UNIVERSITY PROPERTY SALE.
OF DO
SANNOTBEDA REPRODUCE.
UNIVERSITY SALE.
PROPERTY OF DO
SANNOT REPRODUCE
BEDA UNIVERSIT
55. Who is an industrial homeworker?
DUCE. PROPERTY OF SAN BEDA
An industrial REPRODUCE. PROPERTY OF SAN BEDA
homeworker can be defined as any person engaged in REPRODUCE.
industrial PROPERTY
homework. IndustrialOF SAN BED
homework
ITY COLLEGE OF LAW. NOT FOR means a system of production where work
UNIVERSITY COLLEGE OF LAW. NOT FORfor an employer or contractor is carried
UNIVERSITY COLLEGE out by
OF aLAW. NOT F
homeworker in or about his/her home. In such case, the materials may or may not be furnished by the employer
LE. DO
SAN BEDA or contractor. (IRR OF THE
UNIVERSITY SALE.CODE,
LABOR
PROPERTY DO
OF NOT REPRODUCE.
Sec.BEDA
SAN 2). UNIVERSITY SALE. DO
SAN BEDA UNIVERSIT
OF LAW. NOT56.
FOR When
SALE.isDO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
homework not allowed?
No homework
ITY COLLEGE OF LAW. NOT FOR shall be performed on the following: (1)
UNIVERSITY COLLEGE OF LAW. NOT FOR explosives, fireworks and articles ofCOLLEGE
UNIVERSITY like character;
OF LAW. NOT F
(2) drugs and poisons; and (3) other articles, the processing of which requires exposure to toxic substances
LE. DO NOT
OPERTY REPRODUCE.
OF SAN BEDA
(IRRUNIVERSITY SALE.
OF THE LABOR CODE, PROPERTY
Sec. DO NOT
13). OF SAN REPRODUCE.
BEDA UNIVE
ERSITY COLLEGE
57. OF
M LAW. NOT FOR workerUNIVERSITY
is a construction whose workCOLLEGE
day is fromOF10:00
LAW.P.M.
NOT to FOR UNIVERSITY
6:00 A.M. the COLLEGE
following day. While atOF LAW. NO
SALE.
RTY OF DO
SANNOT REPRODUCE.
BEDA work, he suddenly
UNIVERSITY experienced
PROPERTYSALE.
back
OF DO
SANNOT
pain. Due to
BEDA REPRODUCE.
the incident,
UNIVERSITY he requested his SALE.
OF DO
employer
PROPERTY SANNOT
to allow REPRODUCE
him
BEDA UNIVERSIT
to undergo health assessment and get advice on how to reduce his back pain during work. The
OF LAW. NOT FOR employer
SALE. DOrefused
NOT andCOLLEGE OF LAW.
claimed that NOT
M is not FOR SALE.
covered DOlaw
by the NOT COLLEGE
governing OF LAW.
nightworkers NOTsame
as the FOR SALE. DO
only BEDAto women. REPRODUCE.
applies PROPERTY
Is the contention correct? OF SAN BEDA REPRODUCE. PROPERTY OF SAN BED
16
No, the contention is notPROPERTY OF SAN
correct. Under BEDA2 UNIVERSITY
Section of D.O. No. 119-12, thePROPERTY
implementing OFrules
SAN and
BEDA UNIVER
regulations of
E OF LAW. NOT FOR SALE. DO NOTR.A. No. 10151, a night worker is any employed
COLLEGE OF LAW. NOT FOR SALE. DO NOT person whose work
COLLEGE OF LAW. NOT10FOR SALE. D
covers the period from
in the evening to 6 o'clock the next morning provided that the worker performs no less than 7 consecutive
ODUCE. PROPERTYhours
OF SAN BEDA
of work. The law doesREPRODUCE.
not distinguishPROPERTY OF the
as to what sex SANemployee
BEDA should be. REPRODUCE.
Accordingly, allPROPERTY
workers OF SAN B
RSITY COLLEGE OFwhose
LAW. schedule
NOT FORfalls withinUNIVERSITY COLLEGE
the said schedule OF LAW.
are deemed nightNOT FORand mayUNIVERSITY
workers COLLEGE
avail of the right OF LAW. NO
to request
SALE. DO NOT health
REPRODUCE.assessment without charge. SALE. DO NOT REPRODUCE. SALE. DO NOT REPRODUCE.
ROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIV
EPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SAN BEDA REPRODUCE. PROPERTY OF SA
58. BLC Hotel and
IVERSITY COLLEGE OF LAW. NOT FORRestaurant offers apprenticeship program as approved
UNIVERSITY COLLEGE OF LAW. NOT FOR by the Secretary of Labor.
UNIVERSITY Under OF LAW.
COLLEGE
the apprenticeship program, students may be accepted for a six-month training without compensation.
SALE.
PERTY OF DO
SANNOT REPRODUCE.
BEDA
A, UNIVERSITY PROPERTY
an HRM student, submitted SALE.
OF DO
SANNOT
her application BEDAREPRODUCE.
pursuant to her school’s internship
UNIVERSITY SALE.
program.
PROPERTY DO
OFAs
SAN NOT
part of REPRODU
BEDA UNIVER
the requirements for graduation, she is required to complete 200 hours of on-the-job training work. A
E OF LAW. NOT FOR SALE. DO NOT COLLEGE OF LAW. NOT FOR SALE. DO NOT
insisted that she should receive compensation as a matter of right. Is A correct?
COLLEGE OF LAW. NOT FOR SALE. D
RSITY COLLEGE OF LAW. NOT FOR
No, A is not correct. UNIVERSITY COLLEGE OF LAW. NOT FOR
Article 72 of the Labor Code provides that the Secretary UNIVERSITY
of COLLEGEthe
Labor may authorize OF LAW. NO
hiring of apprentices without compensation whose training on the job is required by the school or training
program curriculum or as PROPERTY SALE.
a requisiteOF
DO
forSAN
NOT REPRODUCE.
BEDA UNIVERSITY
graduation or board examination. InPROPERTY
SALE.
this case, AOF
DO NOT
SAN insist
cannot
REPRODUCE.
BEDAonUNIVERSITY
receiving
F LAW. NOT FOR SALE. compensation
DO NOT as a matter
COLLEGE of right
OF LAW. NOTsince
FORtheSALE.
reason
DOwhy
NOTshe applied to BLCOF
COLLEGE is LAW.
to comply
NOTwith
FORtheSALE. DO N
school requirement for which she is not entitled to a compensation.
PROPERTY REPRODUCE.
OF SAN BEDA UNIVERS
ODUCE. PROPERTY
59. POFis SAN BEDA engineer in
a software REPRODUCE.
an advertisingPROPERTY OF SANinBEDA
firm. Sometime REPRODUCE.
2015, she figured PROPERTY
into an accident which OF SAN B
RSITY COLLEGE OF resulted
LAW. NOT FORloss of her
to the UNIVERSITY COLLEGE
ability to use her legs.OF LAW. NOT FOR
Nevertheless, UNIVERSITY
the performance COLLEGEofOF
and productivity P LAW. NOT
remained the same. When the advertising firm had a change of management, P noticed that her wage
ALE.
TY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
became 25% lower than PROPERTY SALE.
the minimumOF DO
SANNOT
BEDA
wage.
REPRODUCE.
When UNIVERSITY
P asked management PROPERTY
SALE.
OF DO
as to the suddenSANNOT
BEDAREPRODUCE.
UNIVERSITY
diminution
of her
F LAW. NOT FOR SALE. DOwage,
NOTthe management
COLLEGE OF said
LAW.thatNOT
handicapped
FOR SALE.workers
DO NOT may beCOLLEGE
paid not less than NOT
OF LAW. 75% of FORtheSALE. DO N
minimum wage. Is the employer correct?
Y COLLEGE OF LAW. NOT FORemployer UNIVERSITY
No, the COLLEGE
is not correct. Under OF 5LAW.
Section NOT
of R.A. No. FOR UNIVERSITY
7277, as amended by R.A. COLLEGE OF LAW. NOT FO
10524, a qualified
E. DO disabled employee shall be subject to the same terms and conditions and the same compensation, privileges,
SAN BEDA UNIVERSITY
benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. A qualified disabled
personDOis NOT
an employeeCOLLEGE
who canOF LAW.with
perform, NOTorFOR SALE.
without DO NOT
reasonable COLLEGE OF
accommodations, the LAW. NOT
essential FOR SALE. DO N
functions
of her employment.
UCE. PROPERTY OF SAN BEDA In this case, P is a qualified disabled
REPRODUCE. PROPERTY OF SAN BEDA person. There was no allegation that P cannot perform
REPRODUCE. PROPERTY OF SAN BEDA
the essential functions of her employment. The employer should not have had her wage cut below minimum
Y COLLEGE OF LAW.
wageNOTandFOR
should have UNIVERSITY
provided theCOLLEGE OF LAW. NOT
same compensation FORby able-bodied
received UNIVERSITY
softwareCOLLEGE
engineersOF LAW. NOT FO
in the
firm.
PROPERTY OF SAN BEDA UNIVERS
60. X, the owner
RSITY COLLEGE OF LAW. NOT FOR of JM Foods Corporation, informed you about
UNIVERSITY COLLEGE OF LAW. NOT FOR his plan to expand his business
UNIVERSITY and put OF
COLLEGE up LAW. NOT
a new brand of food chain in the Philippines. He told you that he intends to hire at least 200 crews for
ALE.
TY OF DO
SANNOT REPRODUCE.
his initial opening. How
SALE.
OF DO
SANNOT
will you convince XBEDA
REPRODUCE.
UNIVERSITY
to hire PROPERTY
persons with disabilities?
SALE.
OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
I will advise X to hire persons with disabilities and emphasize to him the incentives provided under the
UCE. PROPERTY OF Magna
SAN BEDA REPRODUCE.
Carta for Disabled PROPERTY
Persons. Section 8(b) of OF
R.A.SAN
No. BEDA
7277, as amendedREPRODUCE.
by R.A. 10524, PROPERTY OF SAN BEDA
provides that
Y COLLEGE OF LAW. NOTentities
private FOR that employ
UNIVERSITY
disabled COLLEGE
persons whoOFmeet
LAW. theNOT FORskills or qualifications,
required UNIVERSITY either
COLLEGE OF LAW. NOT FO
as a regular
E. DO employee, apprentice or learner,SALE. shall be entitled to an additional deduction, from their gross REPRODUCE.
income,
SAN BEDA UNIVERSITY PROPERTY DO
OF NOT REPRODUCE.
SAN BEDA UNIVERSITY SALE.
PROPERTY DO
OF NOT
SAN BEDA UNIVERSITY
equivalent to 25% of the total amount paid as salaries and wages to disabled persons: Provided, however, that
such DO NOTpresentCOLLEGE
entities OF LAW.
proof as certified by NOT FOR that
the DOLE SALE. DO NOT
disabled persons COLLEGE OF LAW.
are under their NOT
employ. FOR SALE. DO N
Provided
UCE. PROPERTY OF further,
SAN BEDAthat the disabled employee is
REPRODUCE. accreditedOF
PROPERTY with
SAN DOLE
BEDAand DOH as to his disability,
REPRODUCE. skills and
PROPERTY OF SAN BEDA
qualifications.
E. DO NOT
ERTY REPRODUCE.
BEDA UNIVERS
ALE.
TY OF DO
SANNOT REPRODUCE.
PROPERTY OF DO
SANNOT REPRODUCE.
PROPERTY OF DO
SANNOT REPRODUCE.
BEDA UNIVERSITY
17

Part III Labor Standards

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Part III Labor Standards

Uploaded by

Copyright:

Available Formats

PERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVERSITY PROPERTY OF SAN BEDA UNIVER

ODUCE. PROPERTY OF SAN BEDA if he falls under

You might also like