labor law review (1).docx

8/9/2019 Labor Law Review (1).docx

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Labor Law Review

What is Labor?

As an act: Exertion by human beings of physical or mental eorts, or both, towars the prouction

of goos an services!

As a sector of society: "hat sector or group in a society, which erives its livelihoo chie#y from

renition of wor$ or services in exchange for compensation uner managerial irection (Mendoza,

2001).

Refers to wor$ers, whether agricultural or non%agricultural

Constitutional Mandates on LaborThe State shall protect and promote the interests of the Filipino Laborer:

Art. II, Sec. 9."he &tate shall promote a 'ust an ynamic social orer that will ensure the prosperity an

inepenence of the nation an free the people from poverty through policies that provie ae(uate social

services, promote full employment, a rising stanar of living an improve (uality of life for all!

Art. II, Sec. 18. "he &tate a)rms labor as a primary social economic force! *t shall protect the rights, of

wor$ers an promote their welfare!

Art. XII, Sec. 12."he &tate shall promote the preferential use of +ilipino labor, omestic materials an

locally prouce goos, an aopt measures that help ma$e them competitive!

Art XIII, Sec. 14. "he &tate shall protect women by proviing safe an healthful wor$ing conitions,

ta$ing into account their maternal functions, an such facilities an opportunities that will enhance their

welfare an enable them to realie their full potential in the service of the nation!

Art. XV, Sec. 8."he &tate shall, from time to time, review to upgrae the pensions an other bene-ts ueto retirees of both the government an the private sectors!

Rights of Wor$ers

Art. Ill, Sec. 8."he right of the people, incluing those employe in the public an private sectors, to

form unions, associations, or societies for purposes not contrary to law, shall not be abrige! .formation of

labor organiations/

Art. Ill, Sec. 18(2). 0o involuntary servitue in any form shall exist except as a punishment for a crime

whereof the party shall have been uly convicte!

rotection to Labor !la"se

Art. XIII, Sec. 3"he &tate shall aor full protection to labor, local an overseas, organie an

unorganie, an promote full employment an e(uality of employment opportunities for all!

*t shall guarantee the rights of all wor$ers to self%organiation, collective bargaining an negotiations, an

peaceful concerte activities, incluing the right to stri$e in accorance with law! "hey shall be entitle to

security of tenure, humane conitions of wor$, an a living wage! "hey shall also participate in policy an

ecision%ma$ing process aecting their rights an bene-ts as may be provie by law!

rotection to Labor !la"se

Art. XIII, Sec. 3, cont.

"he &tate shall promote the principle of share responsibility between wor$ers an employers an the

preferential use of voluntary moes in settling isputes, incluing conciliation, an shall enforce their

mutual compliance therewith to foster inustrial peace!

"he &tate shall regulate the relations between wor$ers an employers, recogniing the right of labor to its

'ust share in the fruits of prouction1 an the right of enterprises to reasonable returns of investments, an

to expansion an growth!

Commit Art. XIII, Sec. 3 to memory!

2e-nes rights of wor$ers uner Labor &tanars an Labor Relations:

3ner Labor &tanars

&ecurity of "enure4

Living wage4

&hare in the fruits of prouction4 an

5umane conitions of wor$!

3ner Labor Relations

&elf%6rganiation

7ollective bargaining an negotiations

8eaceful concerte activities, incluing stri$e4 8articipation in policy an ecision%ma$ing processes!

Social, Labor and Welfare Legislation

7onstitutional provisions on labor are not self%executory, hence the nee for &ocial Legislation,

Labor Legislation an Welfare Legislation

&ocial Legislation % Laws that provie particular $ins of protection or bene-ts to society or

segments thereof in furtherance of social 'ustice!

Labor Legislation % &tatutes, regulations an 'urispruence governing the relations between capital

an labor! *t provies for certain employment stanars an a legal framewor$ for negotiating,

a'usting an aministering those stanars an other incients of employment!


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Welfare Legislation % 8rovies for the minimum economic security, of the wor$er an his family in

case, of loss of earnings ue to eath, ol age, isability, ismissal, in'ury or isease!

Social Legislation and Labor Legislation, Distinguised

&ocial legislation encompasses labor legislation, thus is broaer in scope than the latter! All labor laws are

social legislations but not all social legislations are labor laws!

Labor La, de"ned.

"he law governing the rights an uties of employers an employees with respect to Labor

&tanars an Labor Relations!

Labor &tanars Law eals with the minimum stanars as to wages, hours of wor$ an other termsan conitions of employment that employers must provie their employees!

Labor Relations Law e-nes the status, rights an uties as well as the institutional mechanisms that

govern the iniviual an collective interactions between employers, employees an their representatives

#e $ili%%ine Labor Code, and &ter Las

8resiential 2ecree 0o! 99

2eals with Labor &tanars an Labor Relations

;ecame eective 0ovember @==/

0ational 5ealth *nsurance Act

8aternity Leave Act Retirement 8ay Law

5ome utual 2evelopment +un Law

Anti%&exual 5arassment Act

Anti%7hil Labor Act

te or-ers em%loyer

)ene"ts are %aid by

go(ernment agencies


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Attainment of &ocial Gustice

;alance the interest of labor an capital .eliminate oppression/

Labor is aore a greater measure of protection

"here is greater supply of labor than eman for their services4

"hose who have less in life shoul have more in law4

"he nee for employment by labor comes from vital, an even esperate necessity

.survival/4

)asic $rinci%les

Wat are te basic %rinci%les in te constitution and labor'related las on %rotection to labor/ "he state shall aor full protection to labor, promote full employment, e(ual wor$ opportunities

without bias or iscrimination, regulate the relations of employers an employees, an assure

wor$ers rights .refer to protection to labor cla"se #rt. $%%%, Sec. &, 1' !onst! H Art! B, Labor 7oe/4

"he relation of capital an labor are impresse with public interest, hence employment contracts

are not orinary contracts .#rt. 100, *!!/4

*n case of oubt or ambiguity, labor laws an rules are to be construe in favor of labor .#rt. +,

Labor !ode, #rt. 102, !iil !ode/

*+ "5ERE *& 263;" as to the meaning of the legal an contractual provision, the above%

mentione applies!

*+ "5E 8R6I*&*60 *& 7LEAR A02 30A;*363&, it must be applie in accorance with its

express terms! .eralco v! 0LR7, R 0o! >D>@B, Guly

7onuct business4

8rescribe rules4

&elect an hire employees4

"ransfer or ischarge employees4

2iscipline of employees, an

Return of investment an expansion of business!

Management $rerogati(es

(-"ral an/ of !antilan ! . "le, - *o. 1'30, Febr"ar4 2, 200).

3ner the doctrine of mana5ement prero5atie, every employer has the inherent right to

regulate, accoring to his own iscretion an 'ugment, all aspects of employment, incluing

hiring, wor$K assignments, wor$ing methos, the time, place an manner of wor$, wor$

supervision, transfer of employees, lay%o of wor$ers, an iscipline, ismissal, an recall ofemployees

(Mendoza . -"ral an/ of L"cban, - *o. 133+21, "l4 , 200+).

anagement prerogatives, however, are sub'ect to limitations provie by

law,

contract or collective bargaining agreements an

general principles of fair play an 'ustice

$re'*m%loyment

State $olicy on *m%loyment

Article


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8romote an maintain a state of full employment through improve manpower training,

allocation an utiliation4

8rotect every citien by securing for him the best possible terms an conition of

employment4

+acilitate a free choice of available employment by persons see$ing wor$ in conformity with

the national interest4

+acilitate an regulate the movement of wor$ers in conformity with the national interest4

Article


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When an accommoating state observes anJor complies with the international laws an

stanars for migrant wor$ers4

Where there is a guarantee from the accommoating state to protect the rights of +ilipino

migrant wor$ers!

A'uicatory +unctions

Aministrative cases involving violations of licensing rules an regulations an registration

of recruitment an employment agencies or entities4

86EA has the power to:

&uspen or cancel license4 an 6rer the refun or reimbursement of such illegally collecte fees (6astern #ss"rance

and S"ret4 !orp. . Sec. of Labor, - *os. '+&730, an"ar4 1, 1''0)

2isciplinary action cases an other special cases which are aministrative in character,

involving employers, principals, contracting partners an +ilipino migrant wor$ers!

6ther eneral 8rovisions

anatory Remittance .Article /

Exceptions

+ilipino servicemen wor$ing in 3!&! military *nstallations4

Where the wor$er1s immeiate family members, epenents, or bene-ciaries are resiing

with him abroa4 an

*mmigrants an

+ilipino professionals an employees wor$ing with 3nite 0ations agencies or specialie

boies .Resolution 0o! /!

Wat if an &W fails4refuses to remit/

Wor$er shall be suspene or exclue from the list of eligible wor$ers for overseas employment!

&ubse(uent violations shall warrant his repatriation!

Employers who fail to comply shall be exclue from the overseas employment program!

8rivate employment agencies or entities shall face cancellation or revocation of their licenses or

authority to recruit, without pre'uice to other liabilities uner existing laws an regulations

Recruitment an 8lacement Agencies .private/

Art! >, L7: +ilipino citiens, or 7orporations, partnerships or entities at least >CP of the authorie

an voting capital stoc$ of which is owne an controlle by +ilipino citiens!

Art! D, L7:

8rivate employment agency for local employment

+or single proprietorship or partnership Ominimum net worth of two ./ hunre

thousan pesos!

+or corporations O a minimum pai up capital of -ve .C/ hunre thousan pesos!

8rivate recruitment or manning agency for overseas employment

+or single proprietorship or partnership O minimum capitaliation of two ./ million

pesos!

+or corporations Ominimum pai up capital of two ./ million pesos4

increase capitaliation or pai%up capital to two ./ million pesos at the rate of

two hunre -fty thousan pesos .8C,/ every year!

"hose not otherwise is(uali-e by law or other government regulations to engage in the

recruitment an placement of wor$ers for overseas employment.

*ntities dis5uali"ed from %artici%ating as a recruitment entity

6)cials or employees of the 26LE or other government agencies irectly involve in overseas

employment program an their relatives within the 9th egree of consanguinity or a)nity4

"ravel agencies an sales agencies of airline companies .Art! @, L7/!

6)cers or members of the boar of any corporation or members in a partnership engage in the

business of a travel agency4

7orporations an partnerships, when any of its o)cers, members of the boar, or partners, is also

an o)cer, member of the boar, or partner of a corporation or partnership engage in the business

of a travel agency .interloc$ing o)cers/4

8ersons, partnerships or corporations which have erogatory recors

"hose whose Licenses have been previously cancelle or revo$e .&ec! , Rule *, Rules anRegulations on the Recruitment an Employment of Lan%;ase Wor$ers/!

License or Autority6 Limitations

3se only by the person or entity in whose favor it was issue4

3se only in the 8lace state in the license!

Recruitment an placement must be unerta$en at their authorie o)cial aresses!

8rovincial recruitment anJor 'ob fairs may be allowe only when authorie by 86EA in writing!

% AR"! =, Labor 7oe

1ecruitment Agencies, )ond


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All applicants for license or authority shall post such cash an surety bons as etermine by the

&ecretary of Labor, incluing escrow eposits!

% AR"! B,

oo/ %, %mplementin5 -e5"lations of L!/!

"he recruitment agency may still be sue even if agency agreement between recruitment agency

an principal is alreay severe if no notice of the termination was given to the employee base on

#rt. 1'21 of the *e? !iil !ode (!atan . *L-!, - *o. 2', #pril 13, 1').

Exemption: Where the wor$ers themselves insiste for the recruitment agency to sen them bac$to their foreign employer espite their $nowlege of its inability to pay their wages, the 7ourt

absolve the agency from liability (Fea5le !onstr"ction !orp. . a4da, - *o. 2&10, "ne 1,

1''0).

7ontract by 8rincipal: Even if it was the principal of the manning agency who entere into contract

with the employee, the manning agent in the 8hilippines is 'ointly an soliarily liable with the

principal (Sea5"ll Maritime !orp. . alaton5an, - *os. &&373&, Febr"ar4 2, 1'').

What fees will a wor$er pay, an when?

A1#. 3:, LC

7harging of fees only after employment obtaine or actual commencement of employment!

All fees pai shall be covere with appropriate receipt!

86EAQs authority

&uspen or cancel license4 an

6rer the refun or reimbursement of such illegally collecte fees .6astern #ss"rance and

S"ret4 !orp. . Sec. of Labor, - *os. '+&730, an"ar4 1, 1''0/!

8lacement fees cannot be collecte from a hire wor$er until he has signed te em%loyment

contract an shall be covere by receipts clearly showing the amount pai .Sec. 2@aA, -"le >, oo/

%%, -"les and -e5"lations oernin5 8erseas 6mplo4ment/!

anning agencies shall not charge any fee from seafarer%applicants for its recruitment an

placement services!

;o oter fees or carges including %rocessing fees sall be im%osed against any or-er.

Recruitment Agencies, 8rohibite Acts

! +urnish any false information in relation to recruitment or employment4B! ive any false notice, testimony etc! or commit any act of misrepresentation to secure a license or

authority4

9! *nuce or attempt to inuce a wor$er to (uit his 'ob in lieu of another oer "nless it is esigne to

liberate the wor$er from oppressive terms of employment4

C! *n#uence or attempt to in#uence any person or entity not to employ any wor$er who has not

applie for employment through his agency4

@! Engage in recruitment or placement of 'obs harmful to public health, morality or to the ignity of

the 8hilippines4

>! 6bstruct or attempt to obstruct inspection by the Labor &ecretary or his authorie representatives4


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D! +ail to -le reports, on the status of employment, placement etc! an such other matters as may be

re(uire by the &6LE4

=! &ubstitute or alter employment contracts without the approval of the &ecretary of Labor4

Recruitment Agencies, &uspension, 7ancellation, Revocation

&uspension or 7ancellation 8rohibite acts .#rt. &+)B

7harging a fee before the wor$er is employe or in excess of the authorie amount4

Recruitment activities in places outsie the authorie area4

2eploying wor$ers without processing through the 86EA4 an

Avertisements .'ob announcements/ without 86EA1s prior approval .&ec!9, Rule **, oo/ %>,

86# -"les).

rounds for 1e(ocation of License

Accumulate three counts of suspension by an agency base on -nal an executory orers

within the valiity perio of its license4

Iiolation of the conitions of license4

Engaging in acts of misrepresentation for the purpose of securing a license or renewal

thereof4 an

Engaging in the recruitment or placement of wor$ers to 'obs harmful to the public health or

morality or to the ignity of the Republic of the 8hilippines (Sec.&, -"le %, oo/ >%, -"les and

-e5"lations oernin5 8erseas 6mplo4ment).

*llegal Recruitment

Any act of canvassing, enlisting, contracting, transporting, utiliing, hiring, or procuring wor$ers an

inclues referring, contract services, promising or avertising for employment abroa, whether for

pro-t or not, when unerta$en by a non%licensee or non%holer of authority contemplate uner

Article

prohibite practices enumerate uner#rt. &+ (eople . Sadiosa, - *o. 100+, Ma4 13, 1''B

Sec. 10, -.#. 0+2).

*llegal Recruitment as an 6ense *nvolving Economic &abotage

?ualifying Circumstances

When illegal recruitment is committe by a &02*7A"E, i.e., if it is carrie out by three .B/ or

more persons conspiring anJor confeerating with one another4 or

When illegal recruitment is committe in a LARE &7ALE, i.e., if it is committe against

three .B/ or more persons iniviually or as a group!

$ersons con(icted ill su+er te folloing sanctions

Automatic revocation of the license or authority .#rt. &'@eA, L!/4

+orfeiture of the cash an surety bons .#rt. &'@eA, L!/4 an 7onviction of the crime of estafa, if foun guilty thereof .eople . !alonzo, - *os. 1131307

33, September 2, 1''/!

Why istinguish *llegal Recruitment?

;ecause of istinctions as to:

8rescriptive 8erio

8enalties


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8p! vs! "uguinay

R"7 ;r! @, ;aguio 7ity

three elements of illegal recruitment in largescale

a/ the oener has no vali license or

authority re(uire by law to enable

him to lawfully engage in recruitment

an placement of wor$ers4

b/ the oener unerta$es any of the

activities within the meaning of

recruitment an placementM uner Article .a// for as long as

they occupy any executive, avisory, supervisory, or technical position in any

establishment!

AE8, ;asis for *ssuance

;asis for issuance

7ompliance by the applicant or employer or the foreign national with the substantive

an ocumentary re(uirements!

2etermination of the 26LE &ecretary that there is no available +ilipino national who is

competent, able an willing to o the 'ob for the employer!

Assessment of the 26LE &ecretary that the employment of the foreign national will

reoun to national bene-t!

AE8, When 3nnecessary

All members of iplomatic service an foreign government o)cials accreite by an

with reciprocity arrangement with the 8hilippine government4

6)cers an sta of international organiations of which the 8hilippines is a

cooperating member, an their legitimate spouses esiring to wor$ in the 8hilippines4 +oreign nationals electe as members of the overning ;oar who o not occupy any

other position, but have only voting rights in the corporation4

All foreign nationals grante exemption by law4

+oreign nationals who come to the 8hilippines to teach, present anJor conuct

+oreign nationals who come to the 8hilippines to teach, present anJor conuct

research stuies in universities an colleges as visiting, exchange or a'unct

professors uner formal agreements between the universities or colleges in the

8hilippines an foreign universities or colleges4 or between the 8hilippine government

an foreign government4 provie that the exemption is on a reciprocal basis4

Sim%le *conomic Sabotage

$rescri%ti

(e $eriodC ears ears

Im%rison

ment

8rision

mayorLife imprisonment

ine

8,

%

8C,

8C,%8


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6wners an representatives of foreign nationals whose companies are accreite by

the 86EA who come to the 8hilippines for a limite perio an solely for the purpose

of interviewing +ilipino applicants for employment abroa4

Resient foreign nationals an temporary or probationary resient visa holers

employe or see$ing employment in the 8hilippines!

AE8, Ialiity

6ne year or

7o%terminus with the uration of employment, consultancy services or other moes of

employment or term of o)ce, which in no case shall excee -ve years! &ai AE8 is vali forthe positionJs an company for which it was issue!

*n case of assignment in the companyQs subsiiaries, branch o)ces an 'oint ventures an

those assigne in the hea(uarters with oversight function in any of the branch o)ces,

operation or pro'ects in the country, one AE8 shall be re(uire an vali for all the sai

assignments irrespective of their placeJs!

rouns for the enial of AE8

isrepresentation of facts in the application4

&ubmission of falsi-e ocuments4

2erogatory recor of foreign national4

Availability of a +ilipino who is competent, able an willing to o the 'ob intene for the foreign

national!

rouns for suspension of AE8

"he continue stay of the foreign national may result in amage to the interest of the inustry or

the country4

"he employment of the foreign national is suspene by the employer or by orer of the 7ourt!

rouns for revocationJcancellation of AE8

0on%compliance with any of the re(uirements or conitions for which the AE8 was issue4

isrepresentation of facts in the application4

&ubmission of falsi-e or tampere ocuments4

eritorious ob'ection or information against the employment of the foreign national as

etermine by the Regional 2irector4

+oreign national has a erogatory recor4 or

Employer terminate the employment of the foreign national!

Appeal an 8enalties

Appeal maybe -le by any aggrieve party with the &ecretary of Labor an Employment within


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"o establish a national apprenticeship program4 an

"o establish apprenticeship stanars for the protection of apprentices!

ey #erms, de"ned.

Apprenticeship % practical training on the 'ob supplemente by relate theoretical instruction, for a

highly s$ille or technical occupation for a perio of not less than three months but not more than

six months!

Apprentice % a wor$er who is covere by a written apprenticeship agreement with an iniviual

employer or any of the entities recognie uner this chapter, with an apprenticeship program uly

approve by the 26LE! Apprenticeable 6ccupation % any trae, form of employment or occupation which re(uires more

than B months of practical training on the 'ob supplemente by relate theoretical instruction!

Apprenticeship Agreement O an employment contract wherein the employer bins himself to train

the apprentice an the apprentice in turn accepts the terms of training!

6n%the%'ob%training O practical wor$ experience through actual participation in prouctive activities

given to or ac(uire by an apprentice!

5ighly "echnical *nustries O a trae, business, enterprise, inustry or other activity which is

engage in the application of avance technology!

A%%rentice, 5uali"cations.

At least %, oo/ %%, -"les implementin5 the Labor !ode)

*m%loyment of A%%rentices

Employer may employ apprentices when

"hey are classi-e as highly technical inustries4 an

"he tas$ to be performe is an apprenticeable occupation as etermine by the &ecretary ofLabor!

Re(uisites for a Iali Apprenticeship

Tuali-e uner Article C=4

Apprentice earns not less than >CP of the prescribe minimum salary4 (Sec 1&, -"le >%,

oo/ %%, -"les %mplementin5 the Labor !ode)

Apprenticeship agreement uly execute an signe4

Apprenticeship program must be approve by the &ecretary of Labor4 otherwise, the

apprentice shall be eeme a regular employee (*itto 6nterprises . *L-!, - *o. 11+&&,

September 2', 1''3)B an

8erio of apprenticeship shall not excee six .@/ months .&ec! 1', -"le >%, oo/ %%, -"les

%mplementin5 the Labor !ode).

A%%renticesi% Agreement

7ontent

+ull name an aress of the contracting parties4

2ate of birth of the apprentice4

0ame of trae, occupation or 'ob in which the apprentice shall be traine an the ates on

which such training will begin an will proximately en4

Approximate number of hours of on%the%'ob training with compulsory theoretical instructions

which the apprentice shall unergo uring his training4

&cheule of the wor$ processes of the traeJ occupation in which the apprentice shall be

traine H the approximate time to be spent on the 'ob in each process4

rauate scale of wages to be pai to the apprentice4

8robationary perio of the apprentice uring which either party may summarily terminatetheir agreement4 an

An Apprenticeship "ransfer 7lause (Sec. 1, -"le >%, oo/ %%, -"les %mplementin5 the Labor

!ode).

A%%renticesi% $rogram, (enue

Within the sponsoring -rm, establishment or entity4 6R

Within a 26LE training center or other public training institutions4 6R

*nitial training in trae funamentals in a training center or other institutions with subse(uent

actual wor$ participation within the sponsoring -rm or entity uring the -nal stage of training!

=iolations, A%%renticesi% Agreements


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*nvestigation of Iiolation of Apprenticeship Agreement (#rt. 3)

Either party to an agreement may terminate the same after the probationary perio only for

a vali cause!

Action may be initiate upon complaint of any intereste person or upon 26LE1& own

initiative!

=alid Causes to #erminate A%%renticesi% Agreements

4 the emplo4er

5abitual absenteeism in on%the%'ob training an relate theoretical instructions4

Willful isobeience of company rules or insuborination to lawful orer of a superior: 8oor physical conition, permanent isability or prolonge illness which incapacitates the

apprentice from wor$ing4

"heft or malicious estruction of company property anJor e(uipment4

8oor e)ciency or performance on the 'ob or in the classroom for a prolonge perio espite

warnings uly given to the apprentice4 an

Engaging in violence or other forms of gross misconuct insie the employer1s premises!

4 the apprentice

&ubstanar or eleterious wor$ing conitions within the employer1s premises:

Repeate violations by the employer of the terms of the apprenticeship agreement4

7ruel or inhumane treatment by the employer or his suborinates4

8ersonal problems which in the opinion of the apprentice shall prevent him from a

satisfactory performance of his 'ob4 an

;a health or continuing illness! (Sec23, -"le >%, oo/ %%, -"les %mplementin5 the Labor

!ode)

A%%eal B *A1

Appeal (#rt. )

"he ecision of an authorie agency of the 2epartment of Labor may be appeale to the

&ecretary of Labor, within C ays from receipt of the averse ecision!

"he ecision of the &ecretary of Labor shall be -nal an executory!

Exhaustion of Aministrative Remeies (#rt. )

"he exhaustion of aministrative remeies is a conition preceent to the institution of

action!

"he plant apprenticeship committee shall have initial responsibility for settling ierencesarising out of apprenticeship agreements (Sec. &2b, -"le >%, oo/ %%, -"les %mplementin5 the

Labor !ode).

&rgani2ation of A%%renticesi% $rograms

AR"! >: "he organiation of apprenticeship program shall be primarily a voluntary unerta$ing of

employers, except as provie for in Article >!

Exceptions: (#rt. 2)

When grave national emergencies, particularly those involving the security of the state, arise or

particular re(uirements of economic evelopment so eman, the &ecretary of Labor an

Employment may recommen to the 8resient of the 8hilippines the compulsory training of

apprentices re(uire in certain traes, occupations, 'obs, or employment levels where shortage of

traine manpower is eeme critical!

Where services of foreign technicians are utilie by private companies in apprenticeable traes

sai companies are re(uire to set up appropriate apprenticeship programs! (Sec. +1, -"le >%, oo/

%%, -"les %mplementin5 the Labor !ode)

*m%loyer $ri(ileges

An aitional euction from taxable income of


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provie the stuents are given real opportunities, incluing such facilities as may be reasonable

an necessary to -nish their chosen courses uner such agreement

"he stuentJscholar is not consiere an employee! ;ut if he causes in'ury or amage to a thir

person, the school may be hel liable uner#rt. 210 of the 7ivil 7oe (Filamer !hristian %nstit"te

. %#!, - *o. 3112, #"5"st 1, 1''2).

A%%renticesi% agreement (alidity

Atlanta *nustries, *nc! anJor Robert 7han vs! Aprilito R! &ebolino, et al!, !R! 0o! B, Gan!

in violation of the law an the rules! oreover, with the expiration of the -rst agreement an the

retention of the employees, the employer, to all intents an purposes, recognie the completion of

their training an their ac(uisition of a regular employee status! "o foist upon them the secon

apprenticeship agreement for a secon s$ill which was not even mentione in the agreement itself,

is a violation of the Labor 7oeQs implementing rules an is an act manifestly unfair to the

employees!

Learners

Learners % persons hire as trainees in semis$ille an other inustrial occupations which are non%

apprenticeable an which may be learne through practical training on the 'ob in a relatively short

perio of time which shall not excee B months!

Learnership Agreement % employment an training contract entere into between the employer anthe learner!

0o re(uirement for theoretical instruction

Wen Learners May be @ired

0o experience wor$ers are available4

"he employment of learners being necessary to prevent curtailment of employment opportunities4

an

"he employment will neither create unfair competition in terms of labor costs nor impair wor$ing

stanars!

Employment of minors as learners

A minor below -fteen .CP of the applicable minimum wage4 an

A commitment to employ the learner, if he so esires, as a regular employee upon

completion of training!

A learner who has wor$e uring the -rst two months shall be eeme a regular employee if

training is terminate by the employer before the en of the stipulate perio through no fault of

the learner

Distinctions


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$reliminary Discussions

Employees 0ot 7overe by 8rovisions on Wor$ing 7onitions:

overnment Employees

anagerial Employees

6)cers an members of a managerial sta

2omestic &ervants an 8ersons in the 8ersonal &ervice of Another

Wor$ers 8ai by Results

0on%Agri +iel 8ersonnel

embers of an employerQs +amilyDe"nitions

0ormal hours of wor$ % Eight hours per wor$ ay

Wor$ ay O 9 consecutive%hour perio which commences from the time the employee regularly

starts to wor$

Wor$ wee$ O a wee$ consisting of consecutive wor$ ays beginning at

the same hour an on the same calenar ay each calenar wee$!

$olicies regarding ours of or-

Reuction of eight%hour wor$ing ay is not prohibite, provie there is no reuction in wor$ersQ

pay

8ayment of wages of part%time wor$ers shoul be in proportion only to the hours wor$e!

anagement has the prerogative, whenever exigencies of the service so re(uire, to change thewor$ing hours of its employees!

Wor$ays may be reuce on account of losses where the losses sought to be prevente are

cause by factors outsie of the employerQs control!

Allowe by the 26LE as it is more humane to $eep wor$ers employe rather than cause the

outright termination of their services

Com%ressed Wor- Wee-

&ix%ay wor$ wee$ may be compresse to -ve ays

&ub'ect to conitions impose by the 26LE:

Employees voluntarily agree to wor$ extene hours

0o iminution in ta$e%home pay an fringe bene-ts

Ialue of bene-ts that will accrue to the employees is more than or at least commensurate

with the overtime pay that is ue them

Wor$ oes not involve strenuous physical exertion an with rest perios

"emporary arrangement only, as etermine by 26LE

Eect of reuction of wor$ays on wages an allowances

"he employer may euct the wages an living allowances corresponing to the ays ta$en

o from the wor$ wee$, in the absence of an agreement speci-cally proviing that a

reuction in the number of wor$ays will not aversely aect the remuneration of the

employees!

Situations Contem%lated Witin @ours Wor-edE


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All time uring which an employee is re(uire to be on uty or to be at the employerQs premises or

to be at a prescribe wor$place, an

All time uring which an employee is suere or permitte to wor$

7oee brea$s an rest perios of short uration

Waiting time, if waiting is integral part of employeeQs wor$, or he is engage by employer to wait

&leeping while on uty, if wor$ allows sleeping without interrupting or pre'uicing wor$, or when

there is an express agreement between employer an employee

Employee is re(uire to remain on call in the employerQs premises that he cannot use the time

eectively an gainfully for his own purpose! "raveling

+rom home to wor$ O not compensable

"raveling that is all in a ayQs wor$ O compensable

"ravel away from home O compensable

&eminars, training, meetings, lectures

ust be sanctione by employer to be compensable

7;A 0egotiations or grievance meeting

Meal $eriod

6ne hour time o for regular meals

0ot compensable, except if employee is re(uire to wor$ while eating .even if employer

pays for meal/

*f reuce to less than minutes, consiere as a brea$4 compensable

Employee may o anything he wants, an leave premises provie he returns on time

;igt Sift Di+erential and &(ertime Wor-

0&2:

6" on regular holiay: 8lus BP of .;5Rx/ .Article =9.b//

6" on rest ay an regular holiay: 8lus B of .;5R x !@/

&+setting of Fndertime by &(ertime

*f an employee wor$ for only > hours on any given ay .uner time assuming his regular wor$ing

perio is eight hours aily/, he cannot be compelle to ma$e up for his time e-ciency by re(uiring

him to rener wor$ for an aitional one hour on another ay! Article D> of the Labor 7oe, reas:

#rticle . ;ndertime not oCset b4 oertime.3nertime wor$ on any particular ay shall not be

oset by overtime wor$ on any other ay! x x x

6setting uner%time against overtime woul eprive the employee of the aitional compensation

for the overtime wor$ he has renere! 3nertime is covere only by the regular hourly rate

whereas overtime is sub'ect to aitional overtime rate! *f the two are to be oset, the employee

loses overtime pay to which he is entitle!

*mergency &(ertime Wor-

As a general rule, employees may not be compelle to wor$ in excess of eight hours or to rener

overtime wor$ on any given ay against his will!

"he exception to this rule is foun in Article D= of the Labor 7oe! 3ner the sai article, employeesmay be compelle to perform overtime wor$!

*mergency &(ertime Wor-

7ountry is at war or uner any national or local emergency4

0ecessary to prevent loss of life or property, or in case of imminent anger to public safety4

3rgent wor$ to be performe on machines, etc!, in orer to avoi serious loss or amage to

theemployer4

Wor$ is necessary to prevent loss or amage to perishable goos4

7ompletion or continuation of wor$ is necessary to prevent serious obstruction or pre'uice to the

business4 or
http://www.laborlaw.usc-law.org/2010/03/09/employer/http://www.laborlaw.usc-law.org/2010/03/09/employer/http://www.laborlaw.usc-law.org/2010/03/09/employer/


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0ecessary to avail of favorable weather or environmental conitions!

Managerial *m%loyees not *ntitled to &(ertime $ay

Article D: "he provisions of the Labor 7oe on wor$ing conitions an rest perios shall not apply

to managerial employees! "his inclues overtime pay for overtime wor$!

&upervisory employees are consiere as o)cers or members of the managerial sta .for purposes

of LA;6R &"A02AR2&/, an hence are not entitle to overtime, rest ay an holiay pay! . 0atQl

&ugar Re-neries 7orp! vs! 0LR7, !R! 0o! @olidays and S%ecial Days

Republic Act =9= amene &ection @, 7hapter >, ;oo$ * of E6 =, also $nown as theAministrative 7oe of , eclaring certain ays .speci-c or movable/ as special or regular

holiays4

RA =D9=: Eiul Aha shall be celebrate as a national holiay4

1egular @olidays

0ew earQs 2ay

auny "hursay

oo +riay

Araw ng Uagitingan O April =

Labor 2ay O ay

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