DEPARTMENT OF LABOR

AND EMPLOYMENT
NATIONAL CAPITAL
REGION-
QUEZON CITY FIELD
OFFICE
ATTY. JELIZA ESPEJO
MANALIGOD, JD
Labor and Employment Officer III

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 OVERVIEW
 Labor standards definition
 Compensable Working
Hours
 Meals and Rest Period
 Monthly Paid Employees
v. Daily Paid Employees
 General Labor Standards
 Department order no. 184,
series of 2017
 Prohibition on Wages
 Labor Relations
 Relationship Between Employee and
Employer
 Relationship Between Employee and
Employer
 Management Prerogative
 Bona Fide Occupational Qualifications
(BFOQ)
 Contractual Limitations
 Presumption In Favor Of Labor presumption
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 Security of Tenure
Labor Standards
and Labor
Relations
DOLE-NCR QUEZON CITY FIELD
OFFICE
Labor Standards

DOLE-NCR QUEZON CITY FIELD

OFFICE
 What are Labor
Standards?
▰ the minimum requirements prescribed by
existing laws, rules and regulations relating
to wages, hours of work, allowances and
other monetary and welfare benefits,
including those set by occupational safety
and health standards.
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 Compensable WORKING HOURS
▰ Hours worked (8 hours)
▻ A. all time required to be on duty or to be at employer’s premises
or prescribed work place
▻ B. all time which an employee is suffered or permitted to work,
could not abandon his work
▻ C. waiting time – if integral part of his work or the employee is
required to wait by the employer
▻ D. Inactive by reason of interruptions in his work beyond his
control
▻ E. Remain on call or close thereto and cannot use the time for his
own use.
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Meals and Rest Period

▰ Not less than 20 minutes may be given

(Credited as compensable hours)
▻ Work is non-manual in nature or non-physical
▻ In case of impending or actual emergencies or urgent work to be
done
▻ To prevent serious loss of perishable goods.

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 MONTHLY PAID EMPLOYEES V. DAILY
PAID EMPLOYEES

▰ MONTHLY PAID ▰ DAILY PAID EMPLOYEES

EMPLOYEES ▻ FACTOR OF:
▻ Are those who are paid
▻ 394.4 days= working
every day of the month,
everyday
including unworked rest
days, special days, and ▻ 313 days= not work on
regular days sundays or rest days
▻ Factor of 365 days in a ▻ 261 days= no work on
year weekend and rest days. 9
GENERAL LABOR
STANDARDS
 Minimum Wage

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GENERAL LABOR
STANDARDS
 Service Incentive Leave (SIL)
▻ NOTE: Employees engaged on task or contract basis or paid on purely commission basis
are not automatically exempted from the grant of SIL, unless they fall under the
classification of field personnel. If required to be at specific places at specific times,
Ees including drivers cannot be said to be field personnel despite the fact that they are
performing work away from the principal office of the Ee; as such they are entitled to
SIL. (Autobus Transport Systems v. Bautista, G.R. No. 156367, 16 May 2005)
 13th Month Pay
▻ NOTE: Bus drivers and conductors who are paid a fixed or guaranteed minimum wage, in
case their commission be less than the statutory minimum, are entitled to a 13th-month
pay equivalent to 1/12 of their total earnings during the calendar year. (Philippine
Agricultural Commercial and Industrial Workers Union v. NLRC,
G.R. No. 107994, 14 Aug. 1995)
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GENERAL LABOR
STANDARDS
 Expanded Maternity Leave
 Special Leave for Women
 Paternity Leave
 Parental Leave for Solo Parents
 Leaves for victims of VAWC
 Separation Pay
 Retirement Pay
 Social Welfare Benefits 28
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 EXCEPTIONS

Kasambahay and persons in the personal

service of another
 No Holiday Pay
Managerial Employees  No premium pay
(special days, rest days, overtime
Field Personnel pay, night shift differential)
 No Service incentive leave
except Kasambahay)
Seasonal Workers
(during off-season when they are not at
work)

Paid by results, piece rate, pakyaw Note: Holiday pay shall not less than the 30
average daily earnings for the last 7
 DEPARTMENT ORDER NO. 184, SERIES OF 2017:

SAFETY AND HEALTH MEASURES FOR WORKERS WHO, BY THE NATURE

OF THEIR WORK, HAVE TO SPEND LONG HOURS SITTING

 Provide workers with regular five-minute breaks every two

hours from sitting time
 Encourage workers to reduce sedentary work by interrupting
sitting time and substitute it with standing and walking
 Ensure that the workstation is designed appropriately for the
type of work
 Redesign work tasks, if possible, to enable greater variability
in movement or posture
 Organize health promotion activities
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WITHHOLDING VIS-À-VIS
CLEARANCE PROCEDURE OF WAGES

▰ An employer is allowed to withhold terminal pay

and benefits pending the employee's return of its
properties
▰ Withholding of payment does not mean that the
employer may renege on its obligation to pay
employees their wages, termination payments.
(Emer Milan et al. v. NLRC (Solid Mills, Inc.), G.R. No. 202961, February 4,
2015)

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 E-filing of DOLE

▰ 13th month pay Report

▰ https://clients.ncr.dole.gov.ph/
▰ https://reports.dole.gov.ph/
▰ Establishment Termination
Report
▰ OSH Reports
▰ OSH Programs

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 OVERVIEW

 Labor Relations
 Relationship Between Employee and Employer
 Relationship Between Employee and Employer
 Management Prerogative
 Bona Fide Occupational Qualifications (BFOQ)
 Contractual Limitations
 Presumption In Favor Of Labor presumption
 Security of Tenure
 Due Process

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LABOR
RELATIONS
LABOR
RELATIONS

LABOR
RELATIONS

A BOR S
L I O N
EL AT
R
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 LABOR RELATIONS

▰ Labor relations knowledge and skill are

confined to Human Resources and Legal
Departments
▰ “Labor Relations” is confined to
compliance with basic labor laws
▰ To have clear and purposive effort to
achieve workplace harmony
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BONA FIDE OCCUPATIONAL
QUALIFICATIONS (BFOQ)
BFOQ refers to the standard which employers are allowed to consider in making decisions about hiring or
retention of employees (Ungos III, Labor Law 3: The Fundamentals of Labor Law Review, 2021, p. 490)

Employment in particular jobs may not be limited to persons of a particular sex, religion, or national
origin unless the employer can show that sex, religion, or national origin is an actual qualification for
performing the job. (Yrasuegui v. Pilippine Airlines, Inc., G.R. No. 168081, October 17, 2008)

General rule: Employment in particular jobs may not be limited to persons of a

particular sex, religion or national origin.

Instances of a valid exercise of BFOQ:

a. Mandatory retirement ages for bus drivers and airplane pilots for safety reasons

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 PRESUMPTION IN FAVOR OF
LABOR
Art. 4 All doubts in the implementation and interpretation
Labor of this Code, including its implementing rules
Code and regulations shall be resolved in favor of
labor.

Art. 1702 In case of doubt, all labor regulations and labor

Civil contracts shall be construed in favor of the
Code safety and decent living of the laborer.

Art. 1701 Neither capital nor labor shall act oppressively

Civil against the other, or impair the interest or
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SECURITY OF
TENURE

▰No employee can be

dismissed except for a
CAUSE

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 DUE
PROCESS
Substantive Procedural
due process due process

JUST / NOTICE AND

AUTHORIZED HEARING
CAUSES
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Substantive Due
Process

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“CAUSE” may either
be:
▰ “JUST” CAUSE
– connotes faults, misdeeds of employee (Art. 282, LC)

▰ “AUTHORIZED” CAUSE
– employee is not responsible to losing his job but
dismissal is allowed by law. (Arts. 283, 284 & 287,
LC)

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 JUST CAUSES FOR TERMINATION

1. Serious misconduct;
2. Fraud or loss of trust and confidence;
3. Willful disobedience;
4. Gross and habitual neglect of duty;
5. Crime or offense against the employer, immediate
member of his family, or authorize representative; and
6. Other analogous causes.
(Art. 282 [now Art. 297] of the Labor Code
Authorized Causes for Termination
 Redundancy - employees’ positions are “superfluous”
because their work is duplicated or unnecessary (e.g.
installation of labor saving devices, merger of two
companies, streamlining of operations)
 Retrenchment - serious and imminent losses force the
employer to let some employees go
 Closure/Cessation of Business - the employer stops doing
business
 Disease (not curable within 6 months)
(Art. 283-284 [now298-299], LC)
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 Procedural
Due Process

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 Procedural Due Process

AUTHORIZED CAUSES

▰ Termination Procedure
The employer has to:
1. Serve notice to the Department of Labor and Employment and to the affected
employees at least 30 days before the effective date of termination; and
2. Payment of separation pay.

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 Procedural Due Process

JUST CAUSES
Termination Procedure
The employer has to observe the two-notice rule and to set a conference or hearing in
some cases.

FIRST NOTICE
• Letter informing the respondent employee of the nature of the accusations and the
grounds for termination and giving the employee ample opportunity to refute the
allegations against him.
• Ample Opportunity under jurisprudence considers a five-day notice for the
employee to gather evidence in support of his defense.
• The first notice shall likewise set the date of conference where the employee will
present evidence why he should not be terminated from work.
• All efforts must be exerted to serve the notice to the employee personally. If the same
proves futile, the employer may send it by registered mail to his last known address.
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 Procedural Due Process

JUST CAUSES continuation

ADMINISTRATIVE HEARING OR CONFERENCE
• During the hearing or conference, the respondent employee, with the assistance of
counsel if he so desires, is given an opportunity to respond to the charge, present his
evidence, or rebut the evidence presented against him.
• A hearing is not always required to be set. What is critical is that the employee is
given an opportunity to be heard or to explain his side. e.g. submission of a written
explanation.

SECOND NOTICE
• After the investigation and hearing, the company will then decide on whether to retain
or dismiss the employee.
• The second letter is a written notice to the employee stating that grounds have been
established to justify the dismissal of the employee considering all the circumstances,
evidence submitted, and records on hand.
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MANAGEMENT EMPLOYEE

JUST / RESIGNATION
AUTHORIZED OR
CAUSES ABANDONMENT

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 SOURCES OF GROUNDS FOR
EMPLOYEE DISCIPLINE AND
TERMINATION

1. Law (Art. 297,298, 299 of the Labor Code)

2. Contract
a. CBA
b. Employment Contract

3. Company Rules and Regulations

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 PREVENTIVE SUSPENSION
Preventive Suspension is imposed on the employee pending formal investigation of a
reported violation.

CONSIDERATIONS:
1. Have you conducted an initial fact finding that can be the
basis for determining the need for preventive suspension?

2. Does the continued presence of the employee being

investigated cause a threat to the
-- life or property of the employer?
-- life or property of a co-employee
3. Remember:
• Preventive suspension cannot exceed 30 days
• Must be accompanied by written notice
QUESTIONS AND
ANSWERS
OPEN DISCUSSION

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 THANKS! Any questions?
Contact the DOLE-NCR Quezon City Field Office at
ncr_quezoncity@dole.gov.ph
CP No: 0956 962 0982

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