Professional Documents
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THC 5 Module Finals
THC 5 Module Finals
• Explain Some Labor Code Provisions Concerning Hours of Work, Rest Periods, Holiday Pay,
Leaves and Service Charges
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.
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.
(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
Lecture
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
- 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.
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.
Objectives
• Defined Resort
• Defined Apartel
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.
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.
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.
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) Sanitation Permit
b) Business Permit
c) Fire Prevention Permit
Objectives
Lecture
The following are the steps for the issuance of certificate of accreditation:
thereof, duly registered with the Securities and Exchange Commission, and
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
from Bureau of Immigration and the proper permit from the Department of
Deparment.
application form has been filed, the Department shall create an inspection
Premises. - Upon receipt of its mission order, the inspection team shall
premises for the purpose of determining whether it meets the standards set
Establishment. The team shall provide itself with a set of checklist of the
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
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
applicant.
good and valid for a period of one (1) year from the date of issue, unless
Section 24. Accreditation Fees. An annual fee of Two Hundred and Twenty
Pesos (P220.00) shall be collected from the applicants that have complied
available at the time of renewal, the same shall be submitted not later than
Section 29. Periodic Inspection. When necessary or when the public good
for the purpose of finding out whether it is being kept and/or managed in a
Section 30. Defects and Deficiency Found during the Inspection. Where
certain defects and deficiencies have been found in the course of the
time.
Section 31. Penalty for Failure to Remedy the Defects, and Deficiencies. If
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
accreditation:
industry.
Objectives
- 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)
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)