CO N TIN U ATIO N :W O M EN &

M IN O RS

D iscrim inatory acts by the ER

against w om en em ployees

Payment of a lesser

compensation
Favoring a male
employee over a female
employee

Stipulation against m arriage

It

shall be unlawful for an

employer to require as a
condition of employment or
continuation
of
employment
that a woman employee shall
not get married, or to stipulate
expressly or tacitly that upon
getting
married,
a
woman
employee shall be deemed
resigned or separated, or to
actually
dismiss,
discharge,

SexualH arassm ent

Employment Environment
The sexual favor is made as a condition in the
hiring orin the employment, re-employment or
continued employmentof 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 waywould discriminate, deprive or
diminish employment opportunities or otherwise
adversely affect said employee;

R.A. No. 7877(Anti-Sexual Harassment Act of

1995)

SexualH arassm ent

Education/Training Environment
When the sexual favor is made a condition

to the givingof a passing grade, or the

granting of honors and scholarships,or the
payment of a stipend, allowance or other
benefits,privileges, or consideration; or
When the sexual advances result in an
intimidating,hostile
or
offensive
environment for the student, trainee
orapprentice.
R.A. No. 7877(Anti-Sexual Harassment Act of
1995)

Em ploym ent ofChildren

No child below 15 years of age shall

be employed, except when he works

directly under the sole responsibility
of his parents or guardian and his
employment does not in any way
interfere with his schooling.
[R.A.

7658 AN ACT PROHIBITING THE

EMPLOYMENT OF CHILDREN BELOW 15 YEARS
OF
AGE
IN
PUBLIC
AND
PRIVATE
UNDERTAKINGS, AMENDING FOR ITS PURPOSE
SECTION 12, ARTICLE VIII OF R.A. 7610.]

R.A.N o.10361 KASAM BAH AY

LAW
What are the other rights and privileges of the

kasambahay?
a. Freedom from employers interference in wage disposal;
b. Standard of treatment;
c. Board, lodging, and medical attendance;
d. Right to privacy;
e. Access to outside communication;
f. Access to education and training;
g. Right to be provided a copy of the employment contract;
h. Right to Certificate of Employment;
i. Right to form, join, or assist labor organization;
j. Right to terminate employment based on just cause; and
k. Right to exercise religious beliefs and cultural practices.

R.A.N o.10361 KASAM BAH AY

LAW
What are the mandatory benefits of the

kasambahay?
a. Monthly minimum wage;
b. Daily rest period of 8 (total) hours;
c. Weekly rest period of 24 (uninterrupted) hours
d. 5 days annual service incentive leave with pay;
e. 13th month pay;
f. SSS benefit;
g. PhilHealth benefit; and
h. Pag-IBIG benefit;

EEs Com pensation Program

Tax Exempt
Designed to ensure promptitude
Funded by monthly contributions
Compulsory on all employers and employees
Every employee not over sixty (60) years of

age shall be covered

An employee over sixty (60) years of age
shall be covered if he had been paying
contributions to the System prior to age sixty
(60) and has not been compulsorily retired
An employee who is coverable by both the
GSIS and SSS shall be compulsorily covered
by both Systems

EEs Com pensation Program

Two grounds:
Injury
Sickness (Occupational Disease)

Cancer of the Epithelial

Cataract
Deafness
Decompression Sickness
Caissons Disease
Infections
Tuberculosis

LABO R RELATIO N S

Right to Self-O rganization

The right of the people,
including those employed in the
public and private sectors, to
form unions, associations, or
societies for purposes not
contrary to law shall not be
abridged.
[Section 8, Art. III, Constitution]

Right to Self-O rganization

It shall guarantee the rights of all workers to
self-organization, collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike in
accordance with law. They shall be entitled to
security of tenure, humane conditions of
work, and a living wage. They shall also
participate in policy and decision-making
processes affecting their rights and benefits
as may be provided by law.
[Section 3, Art. XIII, Constitution]

Labor O rganization
any union or association of employees

which exists in whole or in part for the

purpose of collective bargaining or of
dealing with employers concerning
terms and conditions of employment.

W orkers Association
means any association of workers

organized for the mutual aid and

protection of its members or for any
legitimate purpose other than collective
bargaining.

U nionization;EEs
Sec. 2. All government employees can form,

join or assist employees' organizations of

their own choosing for the furtherance and
protection of their interests. They can also
form, in conjunction with appropriate
government authorities, labor-management
committees, works councils and other forms
of workers' participation schemes to
achieve the same objectives.
[E.O. No. 180 June 1, 1987]

U nionization;M anagerialEEs
& Supervisory Staff
Managerial employees are not
eligible to join, assist or form any
labor organization.
Supervisory employees shall not be
eligible for membership in a labor
organization of the rank-and-file
employees but may join, assist or
form separate labor organizations of
their own.

R & F EEs and Supervisory

personnel
Confidential employees, like managerial

employees, are not allowed to form, join or assist a

labor union for purposes of collective bargaining.
Supervisors and the so-called exempt employees
are admittedly confidential employees and
therefore, they are not allowed to form, join or
assist a labor union for purposes of collective
bargaining following the above court's ruling.
(San Miguel Corporation Supervisors and Exempt Union v.
Laguesma , G.R. No. 1103099 August 15, 1987 )

Some LegMa graduates of

Letran
College
were
employed as legal or
executive
secretaries
under the Legal Dept. of
T&T
Erectors,
a
construction form of high
rise buildings. Are they
eligible to join the R & F
Union?

Security Personnelin joining labor unions.

Consequences:
Divided Loyalties
Temptation to subordinate

the allegiance they owe to

the union.
Neglect or Abandonment of
Duties
[MERALCO v. Secretary of

one-com pany,one-union
policy
Instead of forming another bargaining
unit, the law requires them to be
members of the existing one. The ends
of unionism are better served if all the
rank-and-file employees with
substantially the same interests and
who invoke their right to selforganization are part of a single unit so
that they can deal with their employer
with just one and yet potent voice.

Consent Election
the election voluntarily agreed

upon by the parties to

determine the issue of
majority representation of all
the workers in the appropriate
collective bargaining unit.
[Sec. 1 (y) Rule I, BOOK V, IRR]

Certifi
cation Election
Certification election is a process

of determining through secret

ballot the sole and exclusive
bargaining agent (SEBA) of all
the employees in an appropriate
bargaining unit for the purpose
of collective bargaining.
[Sec. 1 (x) Rule I, BOOK V, IRR]

A CERTEL is filed at
the DOLE Regional
Office.
[Sec. 2, Rule XI,
Book V, IRR]

In DEF Corp., there is

no certified bargaining
agent (union), May
CERTEL be
automatically
conducted? [Art. 257,
LCP]

How about where there is

a labor organization in
DEF Corp., but a petition
was filed questioning the
majority status of the
incumbent bargaining
agent, when is such
CERTEL be held? [Art. 256,
LCP]

The CBA between Pasaway Workers

Union [PWU] and Pasaway, Inc.
expired on Feb. 3, 2013. The
parties negotiated for its renewal.
A deadlock set in concerning wage
increase and medical benefits. On
Feb. 28, 2014, Husayito, another
union, filed a petition for CERTEL,
but was dismissed by the Bureau of
Labor Relations of DOLE. Rule on
the dismissal of the latter CERTEL?
[Sec. 6, Rule V, IRR of LCP]

 SECTION 6. Appeal. Any applicant union may

appeal to the Bureau the denial of registration

by the Regional Office, or to the Secretary if the
denial is by the Bureau, within ten (10) calendar
days from receipt of such decision on grounds of:
(a) Grave abuse of discretion; and
(b) Gross incompetence.cralaw
The appeal shall be filed in the Regional
Office/Bureau which shall cause the transmittal
of the records to the Bureau/Secretary within
five (5) calendar days from receipt of the
appeal.cralaw
The Bureau/Secretary shall decide the appeal
within twenty (20) calendar days from receipt of
the records of the case.cralaw

Term ination of Em ploym ent

and R etirem ent

Term ination

Security of Tenure
a

regular employee shall

remain employed unless his
or
her
services
are
terminated
for
just
or
authorized cause and after
observance of procedural
due process.
[Art. 279, LCP]

Regular EEs
an employment shall be deemed to

be regular where the employee has

been engaged to perform activities
which are usually necessary or
desirable in the usual business or
trade of the employer
any employee who has rendered at
least one year of service
[Article 280, LCP]

CasualEEs right to Security of

Tenure
any employee who has
rendered at least one year
of service, whether such
service is continuous or
broken, shall be considered
a regular employee
Regular EEs has the right
to security of tenure.

Requirem ents for Valid

D ism issalofan EE
the employer shall furnish the worker whose

employment is sought to be terminated a

written notice containing a statement
of the causes for termination and shall
afford the latter ample opportunity to
be heard and to defend himself with the
assistance of his representative if he so
desires in accordance with company rules
and regulations promulgated pursuant to
guidelines set by the Department of Labor
and Employment. [Art. 277 (b), LCP]

 The employer may also terminate the

employment of any employee due to the

installation of labor-saving devices,
redundancy, retrenchment to prevent
losses or the closing or cessation of
operation of the establishment or
undertaking unless the closing is for the
purpose of circumventing the provisions
of this Title, by serving a written
notice on the workers and the
Ministry of Labor and Employment at
least one (1) month before the
intended date thereof. [Article 283,
LCP]

Entitlem ent ofan EE

Reinstatement
Separation Pay
Backwages
Damages

Project W orkers
one whose employment has been

fixed for a specific project or

undertaking,
the work or service to be
performed is seasonal in nature
and the employment is for the
duration of the season, as in the
present case.

Probationary Period
Probationary

employment shall not

exceed six (6) months
from
the
date
the
employee
started
working, unless it is
covered
by
an
apprenticeship

Don was legally

dismissed by ER.
May he be entitled
to separation pay?

In exceptional cases, where separation pay

is awarded as a measure of social or
compassionate justice. Here, payment of
separation pay may be ordered by the court
even if the dismissal from service is found
to have been for valid or just cause, i.e.,
even if the employee is found to have been
at fault.
[See
PLDT vs. NLRC, No. L-80609, August 23, 19
88
.]

JU ST CAU SES for Valid

D ism issal
a)serious misconduct;
b)willful disobedience;
c)gross and habitual neglect of

duty;
d)fraud or breach of trust;
e)commission of a crime or
offense against the employer, his
family or representative;
f)other similar causes.

Authorized Causes of
D ism issal
a)installation of labor-saving

devices;
b)redundancy;
c)retrenchment to prevent
losses;
d)closure and cessation of
business; and
e)disease / illness.

D isobedience/Insubordination
willful disobedience of the

employers lawful orders, as

a just cause for dismissal of
an employee, envisages the
concurrence of at least two
(2) requisites:
employees
assailed
conduct must be willful or
intentional
the order violated must

Loss of confi
dence
Article 282 of the Labor Code provides that

an employer may terminate an employment

for fraud or willful breach by the employee
of the trust reposed in him by his employer
or duly authorized representative.
Requisites:
Employee concerned must be one holding
a position of trust and confidence.
There must be an act that would justify
the loss of trust and confidence.

Abandonm ent
when the employee leave his

job or position with a clear

and deliberate intent to
discontinue his employment
without any intention of
returning back.
Requisites:
Intention to abandon

Inef c
i
fiency
Gross

inefficiency
is
analogous to and closely
related to gross neglect for
both
involve
acts
or
omissions on the part of the
employee
resulting
in
damage to the employer or
to his business.

Retrenchm ent
Requisites:
necessary toprevent business losses;

and the business losses sought to be

prevented areserious, actual and real.
amply supported by sufficient and
convincing evidence
Proof of actual or imminent financial
losses that are substantive in character
must be proven by the employer to
justify retrenchment (Lopez Sugar
Central vs. NLRC, 189 SCRA 179).

Strained Relations
Strained relationship may be

invoked only against employees

whose positions demand trust
and confidence, or whose
differences with their employer
are of such nature or degree as
to preclude reinstatement.

Retirem ent

 Any employee may be

retired upon reaching the

retirement age
established in the
collective bargaining
agreement or other
applicable employment
contract. (Art. 287, LCP)

 The employee shall be entitled to

receive retirement benefits.

In the absence of any collective
bargaining agreement or other
applicable agreement concerning
terms and conditions of employment
which provides for retirement at an
older age, an employee may retire
upon reaching the age of sixty (60)
years. (Section 13, Rule I, Book VI of
the Omnibus Rules Implementing the
Labor Code

Conditions for retirem ent

Retirement age: sixty (60) years or

more, but not beyond sixty-five (65)

years (compulsory retirement age)
If the employee has served at least
five (5) years in the said
establishment
Retirement Pay - equivalent to at
least one-half (1/2) month salary for
every year of service, a fraction of at
least six (6) months being considered
as one whole year.

 AGC filed an illegal dismissal

case against her ER. While the

case was pending, she
accepted full retirement
benefits as embodied in the
CBA. May the illegal case
continue or be dismissed?
(Capili v. NLRC, GR No.
120802, June 17, 1997,
Applying Art. 287, 3rd par., LCP)

FIN ~