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November 19, 2015, 2:30 p.m.- 4:00 p.m.

Cebu Grand Hotel, Cebu City

Atty. Jefferson M. Marquez


Partner, ACCRA Law Offices
Professor, USC School of Law & Governance
1. Guidelines in the Conduct of Special
Assessment or Visit of Establishment (SAVE)
(DOLE D.0. No. 131-A-14 dated July 30, 2014)

2. Time and Interval of Payment of Wages in


Subcontracting/Contracting Arrangement under
DOLE DO 18-A, S. 2001 (Labor Advisory No. 01,
S. 2014 dated March 26, 2014)
3. Non-Interference in the disposal of wages &
allowable deductions (Labor Advisory No. 11, S.
2014 dated September 3, 2014)

4. Guidelines governing Exemption of


Establishments from setting up workplace
Lactation Stations (DOLE D.O. No. 143, S. 2015,
dated May 20, 2015)
A) Establishment Profile (number and location
of branches)

B) Organizational Structure and total number of


employees (Managerial; Supervisory; Rank &
File Employees, classified according to status:
regular/permanent; seasonal; temporary;
project-based; fixed term; casual; probationary;
apprentice; learners; trainees, and OJTS)
C) Recruitment/Hiring, and firing processes and
practices

D) Compliance with Labor Laws, General Labor


Standards & Occupational Safety & Health
Standards

E) Contractors/Subcontractors, total number of


employees mobilized or assigned with
principal/s, term of employment vis-a-vis term
of service agreement, and compliance with
DOLE D0 18-A
A) Payroll Cut-Off Date – Not exceed 15 days
from 1st day of work

B) Payroll Processing Time – Not more than 10


days from Cut-Off date
C) Time of Payment of Wages – On the day
following the lapse of the 10 days payroll
processing time, in proportion to the work
rendered or completed

D) Interval of Time of Payment – At least twice a


month at intervals not exceeding 16 days
A) Rule: Non-Interference in Disposal of Wages

B) Exception to Rule on Non-Wage Deductions

C) Deductions or Cash Deposits for Loss or


Damage – allowed in private security agency
D) Amount of Cash Deposit – Maximum amount
shall not exceed employee’s one month basic
salary. Maximum amount which may be
deducted from the wages shall not exceed 20%
of the employee’s wages in a week.

E) Refund of Cash deposit – Full amount of cash


deposit shall be returned to the employee
within 10 days from his separation from service.
F) Limitation – No other wage deductions or
cash deposit/bond shall be required without
express authorization from the Sec/DOLE
through an advisory or guidelines.

G) Unauthorized deductions: (i) company


uniforms; (ii) cash deposit for loss or damage;
(iii) personal protective equipment; (iv) capital
share/capital build-up in service cooperatives;
(v) training fees, and (vi) other deductions not
included or authorized
H) Prospective Application of Advisory– Non-
Impairment of Contracts

*Unauthorized Deductions must be refunded to


employees within 30 days from issuance of
Advisory or as may be agreed upon by employer
and the employees thru the SeNa.

**Failure to refund shall render the deduction


illegal
A) Exemptible Establishments

(i) no nursing or lactating employee


(ii) no pregnant employee

at the time of application, and provided further


that no female clients visit/transact with the
establishment.
B) Where to File – nearest field office of the
DOLE having jurisdiction over the establishment

C) Issuance of Certificate of Exemption – DOLE


shall issue
D) Display and Validity of Certificate of
Exemption – conspicuously at all times in the
work/office premises; renewable every two
years; shall be revoked anytime during the 2
year period of exemption if no longer qualified
as exemptible establishment
Date of mailing is date of Date of mailing is date of
filing if pleadings are filed filing if pleadings are filed
through registered mail through registered mail
or courier authorized by
NLRC
Mandatory conciliation Mandatory conciliation
and mediation shall be and mediation may be
personally presided by presided by a Labor
the Labor Arbiter who Arbitration Associate, any
may be assisted by the other authorized NLRC
Labor Arbitration personnel with sufficient
Associate training and knowledge
xxx or duly authorized
DOLE personnel in areas
where no Labor Arbiter is
assigned
The Sheriff shall enforce a The Sheriff shall
monetary judgment by immediately furnish the
demanding immediate losing party by registered
full payment from the mail or courier authorized
losing party, and in case by the NLRC with a copy
of failure or refusal to of the writ of execution
pay, to enforce the and enforce the judgment
judgment award xxx award xxx
Where the executed Where the executed
judgment is reversed or judgment is reversed or
annulled by the Court of annulled by the Court of
Appeals or Supreme Appeals or Supreme
Court with finality, the Court with finality, and
Labor Arbiter shall, on restitution is so ordered,
motion, issue such order the Labor Arbiter shall, on
of restitution xxx motion, issue such order
of restitution xxx
None Examination of losing
party when judgment is
unsatisfied; entitles the
prevailing party to an
order from the labor
Arbiter, requiring the
losing party to appear
and be examined
through, an order or
subpoena, concerning his
property and income
The petition for extra- The petition for extra-
ordinary remedy may be ordinary remedy may be
entertained only on any entertained only if there
of the following grounds: is no appeal or any other
xxx plain, speedy and
adequate remedy in the
ordinary course of law
and based on any of the
following grounds:
Requires payment of filing Complainants are
fees for: exempted from these
(a) Petition for filing fees to afford full
Extraordinary remedy – protection to labor;
Php5,000 Complainants can
(b) Motion to Recompute execute a sworn
Award – Php700 certification/undertaking
before the Labor Arbiter
© Motion for attesting that he/she
Postponement – Php500 cannot afford payment
1) Illegal Wage Deduction of Sales Negative
Variance
2) Failure to qualify; Termination of
Probationary Employee
3) Six (6) months floating status
4) Sexual Intercourse inside company premises
during work hours
5) Teacher’s Gross Inefficiency; Valid Dismissal
6) Appeal from Voluntary Arbitrator Under Rule
43 of Rules of Court
7) Requisites for filing Motion to Reduce Appeal
Bond
8) Compliance with Twin Notice Requirement in
Termination Due to Disease
9) 6% interest; No longer 12% interest for loan
or forbearance of money, goods or credits
10) Pre-Marital Sexual Relations; Not disgraceful
or immoral conduct in Catholic School
There is no recognized practice in the retail
industry to deduct from the Sales Clerk’s wages
the negative variance the company had in its
sales especially here where there is no proof of
responsibility and no opportunity to be heard
(2014 Bluer Than Blue Joint Venture Company
citing Nina Jewelry Mfg. of Metal Arts)
If a probationary employee had been fully
apprised by his employer of his duties and
responsibilities, then basic knowledge and
common sense dictate that he must adequately
perform the same, else he fails to pass the
probationary trial and may therefore be subject
to termination. The adequate performance of
such duties and responsibilities constitute the
inherent and implied standard for regularization
(2014 Abbott Laboratories Phils. En banc)
The mere lapse of the six month period of
floating status does not immediately constitute
constructive dismissal. The circumstances must
be looked into and the reason of the security
guard’s failure to assume another post or
assignment. If such failure is due to the
employee’s own refusal (he insisted on his
former assignment as VIP security), the security
agency should not be held liable (2014 Exocet
Security & Allied Services Corp., et al.,)
Sexual acts and intimacies between two
consenting adults belong, as a principled ideal,
to the realm of purely private relations.
Whether aroused by lust or inflamed by sincere
affection, sexual acts should be carried out at
such place, time and circumstance that, by the
generally accepted norms of conduct, will not
offend public decency nor disturb the generally
held or accepted social morals (2014 Imasen
Phil. Mfg. Corp)
When a teacher, in numerous instances, failed
to observe the school’s prescribed standards of
performance (i.e. lack of adequate planning for
her subject, and lack of skills, in-depth
knowledge and expertise) and was informed of
these inadequacies, given a chance to improve
and even made to undergo remediation, she
can be terminated for gross inefficiency after
affording her right to prior notice and hearing
(2014 International School Manila et al., )
An appeal to reverse or modify a Voluntary
Arbitrator’s award or decision must be filed with
the Court of Appeals within 10 calendar days
from receipt of the award or decision. Xxx Being
provided in the statute, this 10 day period must
be complied with; otherwise, no appellate court
will have jurisdiction over the appeal, the award
or decision becoming final and executory after
10 calendar days (2014 Phil. Electric
Cooperative)
(a) The filing of a motion to reduce appeal bond
shall be entertained by the NLRC subject to the
following conditions: (1) there is meritorious
ground; and (2) a bond in a reasonable amount
is posted;
(b) For purposes of compliance with condition
no. (2), a motion shall be accompanied by the
posting of a provisional cash or surety bond
equivalent to ten percent (10), of the monetary
award subject of the appeal, exclusive of
damages and attorney's fees;
(c) Compliance with the foregoing conditions
shall suffice to suspend the running of the 10-
day reglementary period to perfect an appeal
from the labor arbiter's decision to the NLRC;

(d) The NLRC retains its authority and duty to


resolve the motion to reduce bond and
determine the final amount of bond that shall
be posted by the appellant, still in accordance
with the standards of meritorious grounds and
reasonable amount; and
(e) In the event that the NLRC denies the
motion to reduce bond, or requires a bond that
exceeds the amount of the provisional bond,
the appellant shall be given a fresh period of ten
(10) days from notice of the NLRC order within
which to perfect the appeal by posting the
required appeal bond (2015 Manila Mining
Corp., citing 2013 Mcburnie En Banc)
Art. 284 applies also to non-contagious diseases
e.g. stroke, heart attack, osteoarthritis, eye
cataract The twin notice requirement applies in
termination due to disease since an employee
should be afforded procedural due process in all
cases of dismissal (2014 Deoferio citing 2003 Sy
& 2005 Manly Express)
Effective July 1, 2013, the monetary award shall
earn interest at 6% per annum in view of the
issuance of BSP-MB Cir, No. 799, S. 2013
amending Sec. 2, Cir. 905, S. 1982 (2014 Phil
Spring Water Resources Inc. citing 2013 Nacar)

*Applies to final judgments after July 1, 2013


The proscription against “disgraceful or immoral
conduct” , which is made as a cause for
dismissal by a Catholic school must necessarily
refer to public and secular morality. To
constitute “disgraceful or immoral”, it must be
“‘detrimental (or dangerous) to those
conditions upon which depend the existence
and progress of human society’ and not
because the conduct is proscribed by the beliefs
of one religion or the other (2015 Leus)
Thank You!
And Have a Nice Day!