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College of Hospitality Management

First Semester, A.Y.20223-2024


MODULE 9 (FINALS)
Hospitality at Work
Introduction
This module is about the employee-employer rights
Objectives
At the end of the course, the student should be able to:

• Explain Some Labor Code Provisions Concerning Hours of Work, Rest Periods, Holiday Pay,
Leaves and Service Charges

• Discuss Anti-Sexual Harassment Act of 1995

Some Labor code Provisions Concerning Hours of Work, Rest Periods, Holiday Pay, Leaves
and Service Charges

Art 83. Normal Hours of Work – the normal hours of workers shall not exceed eight (8)
hours a day.

Art 84. Hours worked – Hours worked shall include: a) at all times during which an
employee is required to be on duty or to be at prescribed workplace and b) at all times
during which an employee is suffered or permitted to work.

Rest periods of short duration during working hours shall be counted as hours
worked.

Art 85 of the Labor Code – it is the duty of every employer to give his employees regardless of
sex, not less than sixty (60) minutes time off for their regular meals.

Art 86. Night Shift Differential – every employee shall be paid a night shift differential or
not less than ten percent (10%) of his wage for each hour work performed between ten
o’clock in the evening and six o’clock in the morning.

Art 87, Overtime work – overtime work may performed beyond eight (8) hours a day
provided by the employee is paid overtime work, an additional compensation equivalent to
his regular wage plus at least twenty five percent (25%) thereof.

Art 96, Service Charges – all service charges collected by hotels, restaurants and similar
establishment shall be distributed at the rate of eighty-five (85%) for all covered employees
and fifteen percent (15%) for the management. The share of employees shall be equally
distributed among them.

Anti-Sexual Harassment Act of 1995

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

REPUBLIC ACT NO 7877


AN ACT DECLARING SEXUAL HARASSMENT UNLAWFULL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of 1995.”

SECTION 2. Declaration of Policy. – The State shall value the dignity of every individual,
enhance the development of its human resources, guarantee full respect for human rights, and
uphold the dignity of workers, employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this end, all forms of sexual harassment
in the employment, education or training environment are hereby declared unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. – Work,


education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed


when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which in
any way would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor
laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

In the case of a work-related environment, the committee shall be composed of at least one
(1) representative each from the management, the union, if any, the employees from the
supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at
least one (1) representative from the administration, the trainors, instructors, professors or
coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post
a copy of this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The
employer or head of office, educational or training institution shall be solidarity liable for
damages arising from the acts of sexual harassment committed in the employment, education
or training environment if the employer or head of office, educational or training institution is
informed of such acts by the offended party and no immediate action is taken.

SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of
work, education or training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6)
months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty
thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3)
years.
SECTION 8. Separability Clause. – If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by such
declaration.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

SECTION 10. Effectivity Clause.- This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.
College of Hospitality Management
First Semester, A.Y.2023-2024
MODULE 10 (FINALS)
Laws on Travel
Introduction
This module is about the different types of transportation that carry people and
goods from one place to another, it also discusses here the Air freedom Rights.

Objectives
At the end of the course, the student should be able to:

• Defined Transportation

• Determine the Common Carrier

• Discuss the Bill of Lading

• Explain the Warsaw Convention

• Discuss the Air Freedom Rights

Lecture

Transportation – transportation is one whereby a certain person or association of persons


obligate themselves to transport persons, things or news from one place to another.

Common Carriers – are persons, corporations, firms or associations engaged in business of


carrying or transporting passengers or goods or both by land, water and air, for compensation,
offering their services to the public (Art.1732, Civil code of the Philippines)

Private carriers – are those who transport or undertake to transport in a particular instance
for hire or reward.
COMMON CARRIER PRIVATE CARRIER

• Holds himself out in common that is • Agrees in some special cases with
to all persons who choose to carry some private individual to carry
for hire for hire

• Bound to carry for all who offer such • It is not bound to carry for any
goods as it is accustomed to carry reason, unless it enters a special
and tender reasonable agreement to do so.
compensation for carrying them
• Not for public and not subject to
• It is for public service and subject to regulation
regulation
• Not required to render
• Required to exercise extraordinary
extraordinary diligence
diligence

Elements of Common Carrier


a) Business of transportation
b) For compensation
c) For public service
Bill of lading - is a document of title, a receipt for shipped goods, and a contract between a
carrier and shipper. This document must accompany the shipped goods and must be signed by
an authorized representative from the carrier, shipper, and receiver. Warsaw Convention

- Convention for the Unification of certain rules relating to international carriage by air,
commonly known as the Warsaw Convention, is an international convention which
regulates liability for international carriage of persons, luggage, or goods performed
by aircraft for reward.

- An international convention which regulates liability for international carriage of


persons, luggage or goods performed by aircraft for reward.
In particular, the warsaw convention:
a) mandates carriers to issue passenger tickets
b) requires carriers to issue baggage checks for checked luggage
c) creates a limitation period of 2 years which claim must be brought (article 29) d)
limits a carrier’s liability

Air Freedom Rights - The freedom to carry traffic between two domestic points in a foreign
country on a flight that either originated in or is destined for the carrier's home country. Also
referred to as “cabotage” privileges.

First Freedom of the Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State or States to fly across its territory without landing.

Second Freedom of the Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State or States to land in its territory for non-traffic purposes.

Third Freedom of The Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State to put down, in the territory of the first State, traffic coming from the home
State of the carrier.

Fourth Freedom of The Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State to take on, in the territory of the first State, traffic destined for the home State
of the carrier.

Fifth Freedom of The Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State to put down and to take on, in the territory of the first State, traffic coming from
or destined to a third State.

Sixth Freedom of The Air


The right or privilege, in respect of scheduled international air services, of transporting, via the
home State of the carrier, traffic moving between two other States.

Seventh Freedom of The Air


The right or privilege, in respect of scheduled international air services, granted by one State to
another State, of transporting traffic between the territory of the granting State and any third
State with no requirement to include on such operation any point in the territory of the
recipient State, i.e. the service need not connect to or be an extension of any service to/from
the home State of the carrier.

Eighth Freedom of The Air


The right or privilege, in respect of scheduled international air services, of transporting
cabotage traffic between two points in the territory of the granting State on a service which
originates or terminates in the home country of the foreign carrier or outside the territory of
the granting State.

Ninth Freedom of The Air


The right or privilege of transporting cabotage traffic of the granting State on a service
performed entirely within the territory of the granting State.
College of Hospitality Management
First Semester A.Y. 2023-2024
MODULE 11 (FINALS)
Hospitality Business
Introduction

This module is about Accreditation of the Hospitality Business

Objectives

At the end of the course, the student should be able to

• Defined the Hospitality Establishment/terms

• Discuss the Classification of Hotel

• Differentiate the Classes of Hotels

• Defined Resort

• Enumerate the different types of Resort

• Discuss the Rules of Operation Management of Resorts

• Defined Apartel

• Discuss the Standard Requirement for Apartel

• Defined and Differentiate the Different types of Inns

• Discuss the Importance of Accreditation

• Discuss the steps for the issuance of certificate of accreditation

• Explain the Grounds for the cancellation of Accreditation


• Discuss the Purpose of Periodic Inspection

II. Lecture

Pursuant to the provisions of the executive Order No. 120 in Relation to the Republic
Act No. 7160, otherwise known as the Local Government Code of 1991 on the Devolution of
DOT’s Regulatory Function over tourists establishment, rules and regulations to govern the
accreditation of accommodation establishment were promulgated.

Section 1. Purposes of these rules.

a) Hotel – used for a regular reception, accommodation or lodging of travelers and


tourists and the provision of service incidental thereto for a fee

b) Resort – is any place or places with pleasant environment and atmosphere conducive
to comfort, healthful relaxation and the rest, offering food, sleeping accommodation
and recreational facilities to the public for a fee or remuneration.

c) Tourist Inn- it is lodging establishment that cater transient boarder. It does not meet the
minimum requirements of an economy hotel.

d) Apartel – is any building or edifice containing several independent and furnished


apartments, regularly leased to tourists and travelers for dwelling on a more or less
long term basis and offering basic services to its tenants, similar to hotels.

e) Pension House – is a private or family-operated tourist boarding house, tourist guest


house or tourist lodging house employing non-professional domestic helpers regularly
catering to tourists and travelers. Where a combination of board and lodging may be
provided.

f) Motorist hotel (motel) – is any structure and several separate units, primarily
located along the highway with individual or common parking space at which
motorists may obtain lodging and, in some instances, meals.

g) Department or DOT – refers to the Department of Tourism.


h) Accreditation- is a certification issued by the Department that the holder is recognized
by the Department is having complied with its minimum standards in the operation of
the establishment concerned which shall ensure the safety, comfort and convenience
of the tourist.

Classification of Hotel
Section 2: the rules and regulations for the Accreditation of Hotels etc. classifies into the
following

a) De Luxe Class
b) First Class
c) Standard Class
d) Economy Class

Resort – is any place or places with pleasant environment and atmosphere conducive to
comfort, healthful relaxation and the rest, offering food, sleeping accommodation and
recreational facilities to the public for a fee or remuneration.

Kinds of Resort

1. Beach Resort
2. Inland Resort
3. Island resort
4. Lakeside or Riverside Resort
5. Mountain Resort

Classification of Resort

1. Class AAA
2. Class AA
3. Class A
4. Special Interest Resort
Rules on the Operation and Management of Resorts

a) Maintenance and Housekeeping (standards prescribed under PD 856, the Sanitation


Code of the Philippines)

b) Lifeguard and Security


c) Medical Services
d) Fire-fighting facilities
e) Signboards
f) Beach and lakeside resort
g) Designated area
h) Precautionary measures
i) Prohibited acts and practices

Permits needed in the Running of Resort Business

a) Sanitation Permit
b) Business Permit
c) Fire Prevention Permit

Apartel – is any building or edifice containing several independent and furnished


apartments, regularly leased to tourists and travelers for dwelling on a more or less long
term basis and offering basic services to its tenants, similar to hotels.
College of Hospitality Management
First Semester A.Y. 2023-2024
MODULE 12 (FINALS)
Introduction

This module is about Accreditation of the Hospitality Business

Objectives

At the end of the course, the student should be able to

• Discuss the Procedure of the Department of Tourism for the accreditation of


Business Establishment

Lecture

Procedure of the Department of Tourism for the accreditation of Business


Establishment/s.

The following are the steps for the issuance of certificate of accreditation:

APPLICATION FOR ACCREDITATION

Section 15. Filing of Application. Any person, partnership, corporation or

other entity desiring to secure an accreditation from the Department shall

accomplish in duplicate and file with the Department, the application

prescribed for such purpose.

Section 16. Supporting Documents to be Submitted with Application.


Unless otherwise indicated in the form, the application shall be

accompanied by two copies of the following documents;

a. In case of corporation or partnership, a certified true copy of the Articles

of Incorporation, its by-laws, or Articles of Partnership and amendments

thereof, duly registered with the Securities and Exchange Commission, and

Business Name Certificate; in case of single proprietorship. Business Name

Certificate and amendments thereof, if any;

b. Applicant's latest income tax return and audited financial statement

sheets for the preceding year of its operation (not applicable for new

establishment):

c. List of the names of all officials and employees and their respective

designations, nationalities, home address; for alien personnel, valid vise

from Bureau of Immigration and the proper permit from the Department of

Labor and Employment.

d. Mayor's Permit/Municipal License; and

e. Such other documents as may be requires from time to time by the

Deparment.

Section 17. Creation of an Inspection Team of Two Officials. After the

application form has been filed, the Department shall create an inspection

team composed of two (2) members from the Department.

Section 18. Ocular Inspection of Establishment and its Immediate

Premises. - Upon receipt of its mission order, the inspection team shall

conduct an ocular inspection of the establishment and its immediate

premises for the purpose of determining whether it meets the standards set

by the Department for the establishment.


Section 19. Checklist to be Accomplished during Ocular Inspection of

Establishment. The team shall provide itself with a set of checklist of the

requirements for the establishments.

Section 20. All Observations of the Applicant to be Entered in the Checklist.

Any observation of the applicant or its duly authorized representative

present at the time of the inspection on any adverse finding of the team

shall be entered in the checklist. The applicant shall then be furnished with a

copy of the accomplished checklist.

Section 21. Report of the Team. Within five (5) days from the date of the

inspection of the establishment and its immediate premises, the team shall

render a report of its findings and/or recommendations.

Section 22. Issuance of Certificate of Accreditation. If the applicant has

satisfactorily complied with the minimum prescribed requirements, the

Department shall then issue the Certificate of Accreditation in favor of the

applicant.

Section 23. Validity of Accreditation. The certificate of accreditation shall be

good and valid for a period of one (1) year from the date of issue, unless

sooner revoked or cancelled by the Department.

Section 24. Accreditation Fees. An annual fee of Two Hundred and Twenty

Pesos (P220.00) shall be collected from the applicants that have complied

with the requirements for accreditation.

Section 25. Renewal of Accreditation. The accreditation shall be renewed

on or before its date of expiration.

Section 26. Documents Required for Application for Renewal of


Accreditation. The application for renewal of accreditation shall be

supported by the following documents.

a. A copy of the amended or revised articles of incorporation or articles of

partnership and by-laws, if applicable.

b. The list and information sheets of additional personnel, if any, including

any change in the manpower complement of the company;

c. Audited financial statements and income tax return covering the

preceding year's operation; Provided, that if this requirement is not

available at the time of renewal, the same shall be submitted not later than

April 30 of the current year; and

d. Mayor's Permit/Municipal License

SUPERVISION OF ACCREDITED ESTABLISHMENTS

Section 27. Display of Certificate of Accreditation. The certificate of

accreditation shall be displayed in a conspicuous place of the establishment.

Section 28. Non-Transferability of Certificate of Accreditation. The

accreditation shall be non-transferable.

Section 29. Periodic Inspection. When necessary or when the public good

dictates, the Department may send an inspection team to the establishment

for the purpose of finding out whether it is being kept and/or managed in a

manner conformable to the standards set by the Department. The

inspection shall be conducted at a reasonable time of the day with due

regard and respect accorded to the right of privacy of parties concerned.

Section 30. Defects and Deficiency Found during the Inspection. Where

certain defects and deficiencies have been found in the course of the

inspection, the Department shall give direction to the keeper, manager or


operator to rectify the defects or deficiencies within a reasonable period of

time.

Section 31. Penalty for Failure to Remedy the Defects, and Deficiencies. If

the management fails to remedy the defects or deficiencies, the Department

may revoke the certificate of accreditation of the establishment.

Section 32. Liability of Keepers/Managers for Acts or Omission of its

Employees. - Without prejudice to the provisions of existing laws,

keepers/managers and their assistants shall be administratively liable for the

acts or omission of any staff committed against any member or guest. They

may, however, be exempt from liability if they could establish that they have

exercised the diligence of a good father of the family in the supervision of

the erring employee.

GROUNDS FOR CANCELLATION OF ACCREDITATION

Section 33. Grounds for Cancellation of Accreditation. Any of the following

acts or omission shall be sufficient ground for the cancellation of

accreditation:

a. Making any false declaration or statement or making use of any such

declaration or statement or any document containing the same or

committing fraud or any act of misrepresentation for the purpose of

obtaining the grant of accreditation;

b. Failure to maintain the standards and requirements for accreditation as

prescribed in these Rules;

c. Violation of or non-compliance with any of the provisions of these Rules;

promulgated orders, decisions and circulars issued by the Department and

other concerned government agencies; and


d. Any other act or omission that works against the interest of the tourism

industry.

College of Hospitality Management


First Semester A.Y. 2023-2024
MODULE 13 (FINALS)
Introduction

This module is about Accreditation of the Hospitality Business

Objectives

At the end of the course, the student should be able to:

- Explain the Purpose of Inspection


- Discuss and explain the remedies in case defects and deficiencies were found
during the inspections

Purpose of Periodic Inspection

Section 34. Provides for the Periodic Inspection

- the rules states that when necessary or when public good dictates, the Department
may send an inspection team to the establishment for the purpose of finding out
whether the hotel is managed in a manner comfortable to the standards set by the
Department.

Periodic Inspection

An inspection shall be conducted at a reasonable time of the day with due regard
and respect accorded to the right of privacy of parties concerned.

Remedy in Case Defects and Deficiencies were found during the Inspection
Where certain defects and deficiencies have been found in the courses of the
inspection, the Department shall give direction to the keeper; manager or operator to rectify
the defects or deficiencies within the reasonable period of time (Section 37 of the Rules and
Regulation for the Accreditation of Hotels)

Penalty for the Failure to give Remedy for the defects

If the management fails to remedy the defects or deficiency, the Department may
revoke the Certificate of Accreditation of the Establishment. (Section 38 of the Rules and
Regulations for the Accreditation of Hotels)

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