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PRELIMINARY TITLE
6.Right to Receive a Living Wage
CHAPTER I
GENERAL PROVISIONS
RELATED LAWS:
statutes,
regulations
and
jurisprudence
governing the relations between capital and
labor, by providing for certain standards of terms
and conditions of employment or providing a
legal framework within which these terms and
conditions and the employment relationship may
be negotiated, adjusted and administered. It is
divided into labor standards and labor relations.
LABOR STANDARDS - Are the minimum
requirements prescribed by existing laws,
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
other monetary and welfare benefits,
including occupational safety, and health
standards.
LABOR RELATIONS LAW - defines the
status, rights, and duties and the institutional
mechanisms that govern the individual and
collective interactions of employers, employees
or their representatives.
- The law which
seeks to stabilize the relation between employer
and employee, to forestall and thresh out their
differences through the encouragement of
collective bargaining and the settlement of labor
disputes through conciliation, mediation, and
arbitration.
RATIONALE :
- The raison d etre of labor laws is the POLICE
POWER of the State
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 72
ART 6. APPLICABILITY
AGRICULTURAL OR FARM WORKER one employed in an agricultural or farm
enterprise and assigned to perform tasks which
are directly related to the agricultural activities of
the employer, such as cultivation and tillage of
the soil, dairying, growing and harvesting of any
agricultural and horticultural commodities, the
raising of livestock or poultry, and any activities
performed by a farmer as an incident to or in
conjunction with such farming operations.
-
discharge
MANAGEMENT PREROGATIVE
Except as limited by special laws, an
employer is free to regulate, according to his
own discretion and judgment, all aspects of
employment, including:
HIRING,
WORK
ASSIGNMENTS,
WORKING METHODS, TIME PLACE AND
MANNER OF WORK, TOOLS TO BE USED,
PROCESSES
TO
BE
FOLLOWED,
SUPERVISION OF WORKERS, WORKING
REGULATIONS, TRANSFER OF EMPLOYEES,
WORK
SUPERVISION,
LAY-OFF
OF
WORKERS, AND DISCIPLINE, DISMISSAL
AND RECALL OF WORKERS. (HW5T2PLSD)
FARM
EMPLOYERFARM
WORKER
RELATIONSHI
P
- The lease is one
of labor with the
agricultural laborer
as the lessor of his
services and the
farm employer as
the lessee
- The agricultural
worker works for
the farm employer
and for his labor he
receives a salary or
wage, regardless of
whether the
employer makes a
profit.
TENANCY
RELATIONSHIP
- It is the landowner
who is the lessor
and the tenant the
lessee of
agricultural land
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 3 of 72
CHAPTER II
EMANCIPATION OF TENANTS
(Note: not included as per SC Memo)
ART 7-11
-
EXCEPTIONS:
-
DOCUMENTATION OF WORKERS:
BOOK ONE
PRE-EMPLOYMENT
TITLE I
RECRUITMENT AND PLACEMENT OF
WORKERS
CHAPTER I
GENERAL PROVISIONS
ART 13. DEFINITIONS
PREMATURE
TERMINATION
OF
CONTRACT - Where the workers employment
contract is terminated long before its agreed
termination date, and the termination is not
shown to be based on lawful or valid grounds,
the employer will be ordered to pay the workers
their salaries corresponding to the unexpired
portion of their employment contract. (Tierra
Intl Construction Corp. vs. NLRC).
HOWEVER, under R.A. 8042, if the illegal
dismissal took place on or after July 15, 1995,
the illegally dismissed overseas worker shall be
entitled to the full reimbursement of his
placement fee with interest at the rate of 12%
per annum plus salary for the unexpired
portion of his employment contract or for 3
mos. for every year of the unexpired term
whichever is LESS.
-
CHAPTER II
REGULATIONS OF RECRUITMENT
AND PLACEMENT ACTIVITIES
ART 29. NON-TRANSFERABILITY OF
LICENSE OR AUTHORITY
-
9.
10.
11.
12.
Theft or robbery;
Prostitution;
Vandalism or destroying company property;
Gunrunning or possession of deadly
weapons;
13. Unjust refusal to depart for the worksite after
all employment and travel documents have
been duly approved by the appropriate
government agency; and
14. Violation of the laws and sacred practices of
the host country and unjustified breach of
government approved employment contract
by a worker.
CHAPTER III
MISCELLANEOUS PROVISIONS
ART 38. ILLEGAL RECRUITMENT (as
per RA 8042 otherwise known as the
Migrant Workers Act of 1995)
ILLEGAL RECRUITMENT - Any act of
canvassing,
enlisting,
contracting,
transporting, utilizing, hiring or procuring
workers and includes referring contract
services, promising or advertising for
employment abroad, whether for profit or
not when undertaken by a non-licensee
or non-holder of authority.
PROVIDED that any such non-licensee
or non-holder of authority who in any manner,
offers or promises for a fee employment abroad
to two or more persons shall be deemed so
engaged.
It shall likewise include the
commission of prohibited acts whether
committed by a non-licensee or non-holder of
authority or a licensee or holder of authority.
PROHIBITED PRACTICES:
(CFGIIEOFSBWF)
C
F
G
I
O
F
S
B
W
F
F
(b)
PRESCRIPTIVE PERIOD
Illegal Recruitment cases under RA 8042 shall
prescribe in five (5) years Provided, however,
That illegal recruitment cases involving
economic sabotage shall prescribe in twenty
(20) years.
TITLE II
EMPLOYMENT OF NON-RESIDENT
ALIENS
ART 40. EMPLOYMENT PERMIT OF
NON-RESIDENT ALIENS
-Foreigners or domestic and foreign employers
desiring to employ aliens must secure
employment permit from the DOLE upon
determination of the non-availability of a person
in the Philippines who is competent, able and
willing at the time of the application to perform
the services for which the alien is desired.
-
EXCEPTIONS
PROHIBITION:
a.
b.
TO
THE
BOOK TWO
HUMAN RESOURCES
DEVELOPMENT
APPRENTICESHIP AGREEMENT an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
TITLE I
NATIONAL MANPOWER
DEVELOPMENT PROGRAM
CHAPTER I
NATIONAL POLICIES AND
ADMINISTRATIVE MACHINERY FOR
THEIR IMPLELENTATION
ART 45. DEFINITIONS
MANPOWER - that portion of the nations
population which has actual or potential
capability to contribute directly to the production
of goods and services.
ENTREPRENEURSHIP - training for selfemployment or assisting individual or small
industries within the purview of this the LC.
TITLE II
TRAINING AND EMPLOYMENT OF
SPECIAL WORKERS
CHAPTER I
APPRENTICES
Types of Special Workers:
APPRENTICES
1. Apprentice
2. Learners
3. Handicapped
Requisites
APPRENTICESHIP
for
VALID
CHAPTER II
LEARNERS
ART 73. LEARNERS DEFINED
LEARNERS - persons hired as trainees in
semi-skilled and other industrial occupations
which are non-apprenticeable and which may be
learned thru practical training on the job in a
relatively short period of time which shall not
exceed 3 mos.
APPRENTICESHIP
LEARNERSHIP
1. Practical training on
the job
supplemented by
related theoretical
instruction.
1. Hiring of persons
as trainees in
semi-skilled and
other industrial
occupations which
are nonapprenticeable and
which may be
learned thru
practical training
on the job in a
relatively short
period of time.
2. Practical training
on the job not to
exceed 3 mos.
3. No Commitment to
hire
3. With Commitment
to employ the
learner as regular
employee if he
desires upon
completion of
learnership
4. In case of
pretermination of
the apprenticeship
agreement, the
worker is not
considered as a
regular employee
4. Learner is
considered as a
regular employee
in case of
pretermination of
contract after 2
mos. of training
and the dismissal
is without fault of
learner
5. Highly technical
industries and only
in industrial
occupation
5. Semi-skilled /
industrial
occupations
CHAPTER III
HANDICAPPED WORKERS
ART 78. DEFINITION
HANDICAPPED WORKERS - Are those
whose earning capacity is impaired by age or
physical or mental deficiency or injury.
-
BOOK THREE
CONDITIONS OF EMPLOYMENT
TITLE I
WORKING CONDITIONS AND REST
PERIODS
CHAPTER I
HOURS OF WORK
ELEMENTS
OF
EMPLOYEREMPLOYEE RELATIONSHIP:
Government Employees
Managerial Employees
Field Personnel
Family Members dependent on the
employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result
PURPOSE
-
SHALL INCLUDE:
1. All time during which an employee is
required to be on duty or to be at a
prescribed workplace; and
2. All time during which an employee is
suffered or permitted to work
MEAL PERIODS
1. Should not be less than sixty (60) minutes,
and is time-off/non-compensable
2. Under specified cases, may be less than
sixty (60) minutes, but should not be less
than twenty (20) minutes an must be with full
pay.
3. If less than twenty(20) minutes, it becomes
only a rest period and is thus considered as
work time
NOTE: Employee must be completely
relieved from duty. Otherwise, it is
compensable as hours worked.
-
differential should
overtime rate.
based
on
his
RATIONALE
- it serves as an inducement of employment
ART 87. OVERTIME WORK
RATIONALE
- employee is given OT pay because he is made
to work longer than what is commensurate with
his agreed compensation for the statutorily fixed
or voluntarily agreed hours of labor he is
supposed to do.
-
REQUISITES :
1. The employees voluntarily agree in writing to
a shortened meal period and are willing to
waive the overtime pay for such shortened
meal period;
2. No diminution whatsoever in the salary and
other fringe benefits of the employees
existing before the effectivity of the
shortened meal period;
3. Work does not involve strenuous physical
exertion and they are provided with
adequate coffee breaks;
4. The value of benefits is equal with the
compensation due them for the shortened
meal period
5. OT pay will become due and demandable
after the new time schedule; and
6. The arrangement is of temporary duration.
be
EXCEPTIONS:
1. When the waiver stipulates higher payment
or rate of OT pay; or
2. Where the contract of employment requires
work for more than eight hours of work at
specified wage per day providing for a fixed
hourly rate or that the daily wages include
overtime pay.
COMPRESSED WORKWEEK -allowable
under the following conditions:
1. It is voluntary on the part of the worker
2. There will be no diminution of the weekly or
monthly take-home pay and fringe benefits
of the employees;
3. The value of the benefits that will accrue to
the employees under the proposed schedule
is more than or at least commensurate with
the one-hour OT pay that is due them during
weekdays based on the employees
quantification
4. The one-hour OT pay will become due and
payable if they are made or permitted to
work on a day not scheduled for work on the
compressed work week
5. The work does not involve strenuous physical
exertion and employees must have
adequate rest periods
5. The arrangement is of temporary duration.
N
U
N
C
CHAPTER II
WEEKLY REST PERIOD
ART 91. RIGHT TO A WEEKLY REST
DAY
-
RATIONALE
-
SPECIAL HOLIDAYS
1. All Saints Day -November 1
2. Last Day of the Year-December 31
3. And all other days declared by law or
ordinances to be a special holiday or nonworking day
NOTE: worked = regular wage plus 30%
premium pay
not worked = none
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
ART 94. RIGHT TO HOLIDAY PAY
HOLIDAY PAY - A days pay given by law to
an employee even if he does not work on a
regular holiday. It is limited to the ten (10)
regular holidays listed by law.
- employee should not have been absent
without pay on the working day preceding the
regular holiday
Art. 94(b) refers to regular holidays, special
holidays are taken care of under Art. 93.
PREMIUM PAY - Additional compensation for
work performed on a scheduled rest day or
holiday.
REGULAR HOLIDAYS:
1.
2.
3.
4.
5.
6.
7.
whether
worked
of
or
REGULAR
HOLIDAY
SPECIAL
HOLIDAY
- compensable even
if unworked subject
to certain conditions
- not compensable if
unworked
- limited to the 10
enumerated by the
LC
TITLE II
WAGES
- rate is 130% if
worked
CHAPTER I
PRELIMINARY MATTERS
TO
SERVICE
WAGE
- compensation
manual labor
-
Not subject
execution
SALARY
for
to
- denotes higher
degree of
employment
- subject to execution
(Gaa vs. CA)
FACILITIES
SUPPLEMENTS
- Are items of
expense necessary
for the laborers and
his familys
existence and
subsistence
- Constitute extra
remuneration or
special privileges or
benefits given to or
received by the
laborers over and
above their ordinary
earnings wages
- independent of the
wage
- not wage
deductible
CHAPTER II
MINIMUM WAGE RATES
ART 100. PROHIBITION AGAINST
ELIMINATION OR DIMUNITION OF
BENEFITS
LEGAL REQTS. BEFORE FACILITIES
CAN BE DEDUCTED FROM THE
EMPLOYEES WAGES:
1. Proof that such facilities are customarily
furnished by the trade ;
2. Voluntarily Accepted in writing by the
employee
3. Charged at Fair & Reasonable Value
THE NON-DIMINUTION RULE -the benefits
being given to employees cannot be taken
back or reduced unilaterally by the
employer because the benefit has become
part of the employment contract, written or
unwritten.
COVERAGE:
- All rank-and-file employees regardless of their
designation or employment status and
irrespective of the method by which their wages
are paid, are entitled to this benefit, provided,
that they have worked for at least one (1)
month during the calendar year.
FORMS:
1.
2.
3.
4.
Christmas bonus
midyear bonus
profit sharing payments; and
other cash bonuses amounting to not less
than 1/12 of its basic salary.
CATEGORIES OF PIECE-RATE
WORKERS:
as
the
are
yet
WORKERS PAID ON PIECE-RATE BASIS shall refer to those who are paid a standard
amount for every piece or unit of work produced
that is more or less regularly replicated, without
regard to the time spent in producing the same.
CHAPTER III
PAYMENT OF WAGES
WHEN TO PAY:
at least once every two (2) weeks or twice a
month at intervals not exceeding sixteen
(16) days
force
majeure
or
other
circumstances
beyond
the
employers control, payment must be
made
immediately
after
such
occurrence have ceased.
EXCEPTIONS:
1. When payment cannot be effected at or near
the place of work by reason of deterioration
of peace and security
2. When the employer provides for free
transportation to the employees back and
forth;
3. And under analogous circumstances
-
REQUISITES :
1.
2.
3.
4.
5.
6.
7.
promissory notes
vouchers
coupons
tokens
tickets
chits
or any object.
GENERAL RULE:
-
EXCEPTIONS:
- checks or money orders may be paid if:
1. the same is customary on the date of
effectivity of the LC;
ART
105. DIRECT
WAGES
PAYMENT
OF
TO WHOM PAID
-
EXCEPTIONS:
a. in
case
of
force
majeure/special
circumstances, payment may be made
through another person under written
authority where the worker has died, the
b. employer may pay the wages of the
deceased worker to the heirs of the latter,
through the Secretary of Labor or his
representative, without the necessity of
intestate proceedings, after the heirs have
executed an affidavit attesting to their
relationship to the deceased and the fact
that they are his heirs to the exclusion of all
others
LABOR ONLY
CONTRACTING
1. No E- E
relationship exist
between
employer and the
contractors
employee except
when the
contractor or
subcontractor
fails to pay the
wages of his
employees
1. Employer is treated
as direct employer
of the person
recruited in all
instances
2. liability is limited
to unpaid wages
and other labor
standards
violations
3. Permissible
3. Prohibited by law
4. Contractor has
substantial capital
or investment
4. Contractor has no
substantial capital/
investment
CHAPTER IV
PROHIBITIONS REGARDING WAGES
ART 112. NON-INTERFERENCE IN
DISPOSAL OF WAGES
In relation to the Civil Code:
Art. 1705. The laborers wages shall be paid in
legal currency.
Art. 1706. Withholding of the wages except for
a debt due, shall not be made by the employer
Art. 1707. The laborers wages shall be a lien
on the goods manufactured or the work done.
Art. 1708. The laborers wages shall not be
subject to execution or attachment except for
debts incurred for food, shelter, clothing, and
medical attendance.
Art. 1709. The employer shall neither seize nor
retain any tool or other articles belonging to the
laborer.
SSS Payments
MEDICARE
Contributions to PAG-IBIG Funds
value of meals and others
payments to third persons with employees
consent
6. deduction of absences
W/OUT EMPLOYEES CONSENT:
1. Workers insurance acquired by the employer
2. Union Dues, where the right to check-off has
been recognized by the employer
3. Cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor
4. debts of the employee to the employer which
have become due and demandable
CHAPTER V
WAGE STUDIES, WAGE
AGREEMENTS AND WAGE
DETERMINATION
Unionized Establishment
1. Negotiate to correct the distortion.
2. Any dispute arising therefrom should be
resolved through grievance procedure under
their CBA.
3. If the dispute remains unresolved, through
voluntary arbitration.
Establishments without Unions
1. The employers and workers shall endeavor
to correct the distortion.
2. Any dispute arising therefrom shall be
settled through the NCMB and
3. If it remains unresolved after 10 days of
conciliation, it shall be referred to the NLRC.
-
CHAPTER VII
ADMINISTRATION AND
ENFORCEMENT
ART. 128. VISITORIAL AND
ENFORCEMENT POWER
REQUISITES :
1. The claim is presented by an employee or
person employed in domestic or household
service or househelper;
2. The claim arises from employer-employee
relations;
3. The claimant does not seek reinstatement;
and
4.
The aggregate money claim of each
employee or househelper does not exceed
P5, 000.00
-
ART 128
ART 129
1. Visitorial and
enforcement
power of the
Secretary of
Labor /his duly
authorized
representatives
exercised through
routine
inspections of
establishments
1. Power of the
Regional Director or
any duly authorized
hearing officers to
hear and decide
matters involving
the recovery of
wages, upon
complaint of any
interested party
2. requires the
existence of E-E
Relationship
3. No limit as to
amount of claim
3. Aggregate claim of
each complainant
does not exceed
P5,000
4. Appeal is with
Sec.of Labor ;
period of appeal
is 10 calendar
days
5. Person exercising
the power is the
Sec. Of Labor or
any of his duly
authorized
representatives
who may or may
not be a regional
director
5. The power is
vested upon a
regional director or
any duly authorized
hearing officer of
the DOLE.
TITLE III
WORKING CONDITIONS FOR
SPECIAL GROUP OF EMPLOYEES
CHAPTER I
EMPLOYMENT OF WOMEN
ART 130. NIGHTWORK PROHIBITION
-
1. Actual/Impending Emergencies
caused by serious accident, flood,
typhoon, epidemic or other disasters or
calamity, to prevent loss of life or
property, or in cases of force majeure or
imminent danger to public safety
2. Urgent work to be performed on
machineries, equipment or installation, to
avoid serious loss
3. Work is necessary to prevent serious loss of
perishable goods
4. Where she holds a responsible position of
managerial/technical nature/engaged to
provide health and welfare service
5. Nature of the work requires the manual skill
and dexterity of women workers & cannot be
performed with equal efficiency by male
workers
6. Where women workers are immediate family
members of the family operating the
establishment or undertaking
7. Analogous cases
ART 132. FACILITIES FOR WOMEN
The Secretary of Labor may require employers
to:
1. Provide seats proper for women and permit
them to use the seats when they are free
from work or during office hours provided
the quality of the work will not be
compromised;
2. To establish separate toilet rooms and
lavatories for men and women and provide
at least a dressing room for women;
3. To establish a nursery in the establishment;
4. To determine appropriate minimum age and
other standards for retirement or termination
in special occupations such as those of flight
attendants and the like
ART.
133
BENEFITS
MATERNITY
LEAVE
REQUISITES :
CONDITIONS :
2.
ART
135.
PROHIBITED
-
3.
Acts of Discrimination:
OF
CHAPTER II
EMPLOYMENT OF MINORS
STIPULATION AGAINST
MARRIAGE
of equal value.
136.
DISCRIMINATION
ART
the
b.
c.
employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
There is a written contract approved
by the DOLE; and
The conditions prescribed for the
employment of minors {above stated}
are met.
HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the
workers to dangerous environmental
elements, contaminants or work conditions;
2. Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock
work,
deep-sea
fishing,
and
mechanized farming;
3. Where the workers are engaged in the
manufacture or handling of explosives and
other pyrotechnic products;
4. Where the workers use or are exposed to
heavy or power-driven machinery or
equipment; and
5. Where the workers use or are exposed to
power-driven tools,
CHAPTER III
EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:
1. minimum cash wage
CHAPTER IV
EMPLOYMENT OF HOMEWORKERS
INDUSTRIAL HOMEWORK - a system of
production under which work for an employer or
contractor is carried out by a homeworker at his
home.
INDUSTRIAL HOMEWORKER - a worker
who is engaged in industrial homework
BOOK FOUR
HEALTH, SAFETY AND SOCIAL
WELFARE BENEFITS
TITLE I
MEDICAL, DENTAL AND
OCCUPATIONAL SAFETY
CHAPTER I
MEDICAL AND DENTAL SERVICES
ART 156. FIRST-AID TREATMENT
FIRST-AID TREATMENT adequate,
immediate, and necessary medical and dental
attention or remedy given in case of injury or
illness suffered by a worker during employment,
irrespective of whether or not such injury or
illness is work-connected, before
a more
extensive medical and/or dental treatment can
be secured.
FIRST AIDER any person trained and duly
certified as qualified to administer first aid by the
Phil. National Red Cross or by any other
organization accredited by the former.
TITLE II
WORKMENS
COMPENSATION
ACT
EMPLOYEES
COMPENSATION
LAW
1. There is a
presumption of
compensability
1. no presumption of
compensability
2. there is a
presumption of
aggravation
2. no presumption of
aggravation
4. payment of
compensation
made by the
employer
4. payment of
compensation
made by SSS/GSIS
through the State
Insurance Fund
2.
EFFECTIVE
ART 170.
COVERAGE
1.
2.
Intoxication;
Willful intention to injure or kill himself or
another;
Notorious negligence; or
Unless otherwise provided by the LC
3.
4.
7. POSITIONAL
AND
LOCAL
RISKS
DOCTRINE If an employee by reason of
his duties is exposed to a special or peculiar
danger from the elements, that is, one
greater than that to which other persons in
the community are exposed and an
unexpected injury occurs, the injury is
compensable
CHAPTER II
COVERAGE AND LIABILITY
ART 168. COMPULSORY COVERAGE
-
OF
4. SPECIAL
DATE
CHAPTER VI
DISABILITY BENEFITS
DISABILITY CATEGORIES:
TEMPORARY TOTAL - if as a result of the
injury or sickness, the employee is unable to
perform any gainful occupation for a continuous
period not exceeding 120 days
a. Illegitimate
children
and
legitimate
descendants
b. parents, grandparents, grandchildren
BOOK FIVE
LABOR RELATIONS
DEATH BENEFITS
-
TITLE I
POLICY AND DEFINITIONS
ART 211. DECLARATION OF POLICY
LABOR RELATIONS LAW - Concerned with
the stabilization of relations of employer
and
employees and seeks to forestall and adjust
grievances through - the encouragement of
collective bargaining and the settlement of
labor
disputes
through
conciliation,
mediation and arbitration.
-
DEPENDENTS:
PARTIES
CASES:
BENEFITS
1. for life to the primary beneficiaries,
guaranteed for five years
2. for not more than 60 months to the
secondary beneficiaries in case there are no
primary beneficiaries
3. in no case shall the total benefit be less that
P 15, 000.00
TO
LABOR
RELATIONS
PRIMARY BENEFICIARIES
SECONDARY BENEFICIARIES
PURPOSES OF LABOR
ORGANIZATIONS:
PARTIES TO A DISPUTE:
1. Primary Parties employer, employees,
union
2. Secondary Parties voluntary
arbitrator,
agencies of DOLE (BLR, NLRC, VAC, Sec.
Of Labor, Office of the President)
CONSULTATION ON POLICIES OF
MANAGEMENT AND OF THE EMPLOYER
-
TITLE II
its
CHAPTER II
POWERS AND DUTIES
ART 217. JURISDICTION OF LABOR
ARBITERS AND THE COMMISSION.
a. Except as otherwise provided under this
Code the Labor Arbiters shall have original
and exclusive jurisdiction to hear and
decide, within 30 calendar days after the
submission of the case by the parties for
decision without extension, even in the
absence of stenographic notes, the following
cases involving all workers, whether
agricultural or non-agricultural:
1, Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for
reinstatement, those cases that
workers may file involving wages,
rates of pay, hours of work and
other terms and conditions of
employment;
4. Claims
for
actual,
moral,
exemplary and other forms of
damages arising from employeremployee relations;
5. Cases arising from any violation
of Art 264 of this Code, including
questions involving the legality of
strikes and lockouts; and
6. Except claims for Employees
Compensation, Social Security,
Medicare and maternity benefits,
all other claims arising from
employer-employee
relations,
including those of persons in
domestic or household service,
involving an amount exceeding
P5,000.00 regardless of whether
accompanies with a claim for
reinstatement.
7.Monetary claims of overseas
contract workers under the
Migrant Workers Act of 1995.
b. The Commission shall have exclusive
appellate jurisdiction over all cases
decided by Labor Arbiters.
c. Cases arising from the interpretation or
implementation of CBA and those arising
from the interpretation or enforcement of
company personnel policies shall be
disposed of by the Labor Arbiter by referring
5. Regional Directors
6. Med- Arbiters
to
the
CHAPTER III
APPEAL
ART. 223. APPEAL
GROUNDS FOR APPEAL:
1. If there is prima facie evidence of abuse of
discretion on the part of the Labor Arbiter or
Compulsory Arbitrator;
2. If the decision, order or award was secured
through fraud or coercion, including graft
and corruption;
3. If made purely on questions of law;
4. If serious errors in the findings of facts are
raised which would cause grave or
irreparable damage or injury to the
appellant.
TITLE III
BUREAU OF LABOR RELATIONS
ART. 226 BUREAU OF LABOR
RELATIONS
EXCLUSIVE AND ORIGINAL
JURISDICTION OF THE BLR:
1. inter- union conflicts
2. intra- union conflicts
3. all disputes, grievances or problems arising
from or affecting labor- management
relations in all workplaces whether
agricultural or non- agricultural.
YES.
Such being the case, the
complaint should be signed by at least 30% of
the membership of the union.
NATIONAL
CONCILIATION
MEDIATION BOARD:
-
AND
An unregistered CBA
certification election.
does
not
bar
TITLE IV
LABOR ORGANIZATIONS
CHAPTER I
REGISTRATION AND CANCELLATION
ART. 234. REQUIREMENT OF
REGISTRATION
LABOR ORGANIZATION- A labor
organization is 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 the
terms and conditions of employment.
PURPOSE OF FORMATION OF LABOR
UNIONS: for securing a fair and just wages and
good working conditions for the laborers; and for
the protection of labor against the unjust
exactions of capital
REQUIREMENTS
BEFORE
FEDERATION CAN BE ISSUED
CERTIFICATE OF REGISTRATION:
A
A
OF
ART
239.
CANCELLATION
REGISTRATION.
GROUNDS
FOR
OF
UNION
Art. 241(o).
Other than
MANDATORY ACTIVITIES under
Code.
The record
President.
shall
be
attested
by the
CHAPTER II
RIGHTS AND CONDITIONS OF
MEMBERSHIP IN A LABOR
ORGANIZATION
ART. 241. RIGHTS AND CONDITIONS
OF MEMBERSHIP IN A
LABOR ORGANIZATION
for
the
CHAPTER III
RIGHTS OF LEGITIMATE LABOR
ORGANIZATIONS
ART. 242. RIGHTS OF LEGITIMATE
LABOR ORGANIZATIONS
EXCEPTIONS :
1. For mandatory activities provided under
the Code; and
2. When non-members of the union avail
of the benefits of the CBA.
- said
non-members
may
be
assessed union dues equivalent to
that paid by members
- only by a Board Resolution
approved by majority of the
members in a general meeting
called for the purpose
EFFECT OF CANCELLATION OF
REGISTRATION IN THE COURSE OF
PROCEEDINGS;
-
TITLE V
COVERAGE
ART. 243. COVERAGE AND
EMPLOYEES RIGHT TO
SELF ORGANIZATION
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITH A CHARTER
GOVERNMENT
OWNED OR
CONTROLLED
CORPORATIONS
WITHOUT
CHARTER
1. Employees cannot
stage strikes since
they are governed
by the Civil
Service Law. They
1.The GOCC is
created under
Corporation Code,
then employees are
covered by the
are enjoined by
Civil Service
Memorandum
Circular No. 6,
under pain of
administrative
sanctions, from
staging strikes,
demonstrations,
mass leaves, walkouts and other
concerted
activities.
Labor Code.
Therefore the
employees have the
same rights as
those as employees
of private
corporations, one of
which is the right to
stage strikes.
2.Corporations with
original
charters
cannot bargain with
the
government
concerning
the
terms
and
conditions of their
employment.
However, they can
negotiate with the
government
on
those terms and
conditions
of
employment which
are not fixed by law.
Thus, they have a
limited bargaining
rights.
2. The GOCC is
created
under
Corporation
Code,
being governed by
the Labor Code, they
can bargain with the
government
concerning the terms
and conditions of
their employment.
Thus, they have an
unlimited bargaining
rights.
of
appointments
promotion
assignments/details
reclassification/upgrading of position
revision of compensation structure
penalties imposed as a result of
disciplinary actions
selections of personnel to attain
seminar, trainings. Study grants
distribution of work load
external communication linkages
Commercial
Industrial
Agricultural enterprises, including:
charitable
religious
education or
medical institution
Self- employed
Without definite employers
Ambulant
Intermittent and Itinerant
Rural worker
ART. 246.
THE RIGHT TO SELF-ORGANIZATION
SHALL NOT BE ABRIDGED MEANS:
It shall be unlawful for any person to:
restrain,
coerce,
discriminate against, or
unduly interfere
with employees and workers in their
exercise of the right to self-organization.
(Art. 246)
ART
245.
INELIGIBILITY
OF
MANAGERIAL EMPLOYEES TO JOIN
ANY LABOR ORGANIZATION; RIGHT OF
SUPERVISORY EMPLOYEES.
Reason for ineligibility in the collective
bargaining process, managerial employees are
supposed to be on the side of the employer, to
TITLE VI
UNFAIR LABOR PRACTICES
CHAPTER I
CONCEPT
ART. 247 UNFAIR LABOR
PRACTICES
NATURE
PRACTICES:
OF
UNFAIR
LABOR
the
be
be
but
the
CHAPTER II
UNFAIR LABOR PRACTICES
OF EMPLOYERS
BY AN EMPLOYER
1. To interfere with, restrain or coerce employees
- in the exercise of their right to selforganization;
2. To require as a condition for employment
that a person or an employee
- shall not join a labor organization or
- shall withdraw from one to which he
belongs;
3. To contract out services or functions being
performed by union members
- when such will interfere with, restrain or
coerce employees in the exercise of
their right to self-organization;
4. To initiate, dominate, assist or otherwise
interfere
- with the formation or administration of
any labor organization,
- including the giving of financial or other
support to it or its organizers or officers;
5. To discriminate in regard to wages, hours of
work, and other terms and conditions of
employment
- in order to encourage or discourage
membership in any labor organization .
TEST OF DISCRIMINATION:
a.
UNION
SECURITY
5.
DIFFERENT KINDS OF
SECURITY ARRANGEMENTS:
UNION
3. MAINTENANCE
OF
MEMBERSHIP
CLAUSE - the agreement DOES NOT
require non-members to join the contracting
union BUT provides that those who are
members thereof at the time of the
execution of the CBA and those may
thereafter on their own volition become
members must for the duration of the
agreement maintain their membership in
good standing as a condition for continued
employment in the company for the duration
of the CBA.
4. PREFERENTIAL SHOP AGREEMENT The employer agrees to give preference to
the members of the bargaining union in
CHAPTER III
UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS
ART. 249. UNFAIR LABOR PRACTICES
OF LABOR ORGANIZATIONS
a. To restrain or coerce employees in the
exercise of their right to self-organization.
However, a labor organization shall have the
PROCEDURE IN COLLECTIVE
BARGAINING:
1. Written notice with statement of proposals
2. Reply by the other party
3. In case of differences, either party may
request for a conference
4. If not settled NCMB may intervene and
encourage the parties to submit the dispute
to a voluntary arbitrator
5. If not resolved, the parties may go to where
they want and resort to any other lawful
means.
COLLECTIVE BARGAINING
AGREEMENT- (CBA)
TITLE VII
COLLECTIVE BARGAINING AND
ADMINISTRATION OF AGREEMENTS
ART
250.
PROCEDURE
COLLECTIVE BARGAINING
IN
wages
hours of work
grievance machinery
voluntary arbitration
family planning
rates of pay
mutual observance clause
of
the
Interest
THINGS
TO
CONSIDER
DETERMINING THE COMMUNITY
INTEREST DOCTRINE:
VOLUNTARILY RECOGNITION
-
IN
OF
MODES
OF
CHOOSING
EXCLUSIVE BARGAINING UNIT:
1. SELECTION
- certification election
2. DESIGNATION
a) voluntary recognition
b) direct certification
THE
CERTIFICATION
ELECTION
CONSENT
ELECTION
1. aimed at
determining the
sole and
exclusive
bargaining agent
of all the
employees in an
appropriate
bargaining unit
for the purpose
of collective
bargaining;
1. an agreed one,
its purpose
being merely to
determine the
issue of majority
representation of
all the workers in
the appropriate
collective
bargaining unit
2. separate and
distinct from a
consent election
EFFECT OF VOLUNTARILY
RECOGNITION BY THE EMPLOYER:
-
HOW
TO
DETERMINE
THE
TWO
MAJORITY RULE :
1. In determining valid votes, eliminate spoiled
ballots but include challenged votes
2. In determining the eligible votes cast,
include spoiled ballots
RUN-OFF ELECTIONS
This happens when:
a. The election provides for at least 3
choices(no union is always a
choice)
b. The election results in none of the
choices received the majority
votes(50%+1) of the valid votes cast
REQUIREMENTS IN ORDER
INVOKE CONTRACT-BAR RULE:
TO
JURISDICTIONAL PRECONDITIONS OF
COLLECTIVE BARGAINING: (Kiok Loy
Case)
1. Possession
of
status
of
majority
representation
2. Proof of majority representation
3. Clear and unequivocal demand to bargain
collectively
1.
2.
3.
4.
SUCCESSOR-IN-INTEREST DOCTRINE
occurs when an employer is succeeded by
another employer, the successor-in-interest who
is a buyer in good faith has no liability to
employees in continuing employment and
Will of employees
Affinity and unity of employees interest
Prior collective bargaining history
Employment status, such as temporary,
seasonal and probationary employees.
TITLE VII- A
TITLE VIII
STRIKES AND LOCKOUTS AND
FOREIGN INVOLVEMENT IN TRADE
UNION ACTIVITIES
CHAPTER I
STRIKES AND LOCKOUTS
ART. 263. STRIKES, PICKETING AND
LOCKOUTS
STRIKE - Any temporary stoppage of work by
the concerted action of employees as a result of
an industrial or labor dispute.
IMPORTANCE
-
1.
1. Lack of jurisdiction
2. Grave abuse of discretion
3. Violation of due process
ECONOMIC
STRIKE
ULP STRIKE
1. Voluntary strike
because the
employee will
declare strike to
compel
management to
grant its
demands.
1. Involuntary :
labor
organization is
forced to go on
strike because
the ULP
committed
against them by
the employer. It
is an act of selfdefense since
the employees
are being
pushed to the
wall and their
only remedy is to
strike.
decide it or
certify the same to the Commission for
COMPULSORY ARBITRATION.
TOTALITY DOCTRINE:
the culpability of an employers remarks
were to be evaluated not only on the basis of
their implicit
implications, but were to be
appraised against the background of and in
conjunction with collateral circumstances.
-
GENERAL RULE:
-
EXCEPTIONS:
1.
2.
Where there is return-to-work and the
employees are discriminated against.
- -They are entitled to backwages
from the date of discrimination.
RULES IN STRIKES IN HOSPITALS
1. It shall be the duty of striking employees or
locking-out employer to provide and maintain an
effective skeletal workforce of medical and other
health personnel for the duration of the strike or
lock-out.
2. Secretary of Labor may immediately assume
jurisdiction within 24 hours from knowledge of
the occurrence of such strike or lock-out or
certify it to the Commission for compulsory
arbitration
RULES ON
WORKERS:
REINSTATEMENT
OF
GENERAL RULE
Striking
employees are entitled to reinstatement,
regardless of whether or not the strike was the
consequences of the employers ULP
BOOK SIX
POST EMPLOYMENT
REASON:
because while out of
strike, the strikers are not considered to have
abandoned their employment, but rather have
only ceased from their labor.
- -The declaration of a strike is NOT a
renunciation of employment relation.
EXCEPTIONS: The following strikers are
NOT entitled to reinstatement:
1. union officers who knowingly
participates in an illegal strike;
and
2. any striker/union member who
knowingly participate in the
commission of illegal acts during
the strike.
ART
265.
BALLOTING
IMPROVED
OFFER
IMPROVED
OFFER
BALLOTING:
a
referendum conducted by the NCMB on or
before the 30th day of the strike, for the purpose
of determining whether or not the improved offer
of the union is acceptable to the union members.
- applies only to economic strikes (bargaining
deadlock)
PURPOSE: to ascertain the real sentiment
of the silent majority of the union members
on strike.
REDUCED OFFER BALLOTTING
-
TITLE I
TERMINATION
OF
EMPLOYMENT
ART 279. SECURITY OF TENURE
SECURITY OF TENURE is the constitutional
right granted the employee, that the employer
shall not terminate the services of an employee
except for just cause or when authorized by law.
An employee that has been dismissed illegally is
entitled to:
a. Reinstatement
b. Backwages
PROBATIONARY
PERIOD
OF
EMPLOYMENT - the period needed to
determine the fitness for the job, i .e., the
time needed to learn the job.
It is period during which the employer
may determine if the employee is qualified for
possible inclusion in the regular force.
NOTE:The standard which the probationary
employee is to meet must be made known by
the employer to the employee at the time of the
engagement.
Probationary employees may be terminated for
the same causes as a regular employee, except
that there is an additional ground failure to
meet the standard.
Is it necessary that probationary employment
be for a period of 6 months?
No. Provided that the following
requisites concur:
1. it is done before the lapse of 6
months;
2.employee must be advised of such extension;
3. employee must agree.
EFFECT IF PROBATIONARY EMPLOYEE IS
ALLOWED TO WORK BEYOND 6 MONTHS:
If the probationary employee is allowed
to work beyond the period of 6 months or the
agreed probationary period, said employee
become a regular employee by operation of law.
Under the Labor Code, an employee
who is allowed to work after a probationary
period shall be considered a regular employee.
(Art. 281.)
STANDARDS
UNDER
EMPLOYER MAY RETRENCH:
WHICH
AN
ART.
285.
EMPLOYEE
TERMINATION
BY
the
the
the
the
SEPARATION PAY
In case of termination due to
a) THE INSTALLATION OF LABOR-SAVING
DEVICES OF
b) REDUNDANCY,
- the worker affected thereby shall be entitled
to a separation pay equivalent to at least
one (1) month pay or to at least one (1)
month pay for every year of service,
whichever is higher.
c) RETRENCHMENT TO PREVENT LOSSES
and CLOSURES OR CESSATION OF
OPERATIONS (NOT due to serious
business losses or financial reverses)
- The separation pay shall be equivalent to
one (1) month pay or at least month pay
for every year of service, whichever is
higher.
d) In the case of ILLNESS
- separation pay equivalent to at least one
month salary or to month salary for every
year of service, whichever is greater, a
fraction of at least 6 months shall be
considered one (1) whole year.
NOTE: If CLOSURE is due to severe financial
losses, it is still debatable whether or not
separation pay should be given.
- I f you are able to prove that such portion of
capital (10%) investment has been impaired,
the employer should be exempt for the
payment of separation pay.
GUIDELINES TO DETERMINE THE
VALIDITY OF TERMINATION:
1. Gravity of the offence
2. Position occupied by the employee
3. Degree of damage to the employer
4. Previous infractions of the same offense
5. Length of service
2.
BOOK SEVEN
TRANSITORY AND FINAL
PROVISIONS
TITLE II
PRESCRIPTION OF OFFENSES AND
CLAIMS
ART. 291. MONEY CLAIMS
PERIODS OF PRESCRIPTION
A. MONEY CLAIMS-The prescriptive period is
3 years from the accrual of the cause of
action.
B. ULP -The prescriptive period of filing a case
for ULP is 1 year from the accrual of the
cause of action.
ILLEGAL DISMISSAL
The prescriptive period of filing a case
for illegal dismissal is 4 years from the accrual of
the cause of action. (Art. 1146)
NOTE: The period of prescription mentioned
under Article 281, now Article 292, of the Labor
Code, refers to and is limited to money claims,
all other cases of injury to rights of a
workingman being governed by the Civil Code.
Hence, reinstatement prescribes in 4 years.
POST- EMPLOYMENT
FORMS OF REINSTATEMENT:
PAYROLL REINSTATEMENT
- the employee is merely reinstated in
the payroll.
PERIOD COVERED BY THE PAYMENT OF
BACKWAGES: Backwages shall cover the
period from the date of dismissal of the
employee up to the date of actual
reinstatement.
SECURITY OF TENURE: An employer
CANNOT terminate the services of an employee
EXCEPT for a just cause or when authorized by
law.
REQUIREMENTS OF DUE PROCESS
BEFORE AN EMPLOYEE CAN BE REMOVED:
1. written notice to apprise the employee of the
particular acts or omission for which his
dismissal is sought and is hereby
considered as the proper charge;
2. ample opportunity to be employee to be
heard and if the employee so decides, with
the assistance of counsel; and
3. written notice informing the employee of the
employers decision to dismiss him.
Under
the
so-called
WENPHIL
DOCTRINE if just or authorized cause exist but
the affected employees right to due process has
been violated, the dismissal is valid but the
employee is entitled to damages by way of
indemnification for the violation of the right.
On Jan. 27, 2000, the SC in the case of
SERRANO vs. ISETANN et. al. Disregarded
this WENPHIL DOCTRINE and ruled that if the
employees right to due process is violated, his
dismissal becomes illegal regardless of the
existence of a just and authorized cause.
REINSTATEMENT
- Restoration of the
employee to state from which one has been
removed or separated without loss of seniority
rights and other privileges.
WHAT HAPPENS IF THERE IS AN ORDER
OF REINSTATEMENT BUT THE POSITION IS
NO LONGER AVAILABLE? If the position
previously occupied by the employee is no
longer available at the time of reinstatement, he
should be given a substantially equivalent
position.
If THERE IS NO SUBSTANTIALLY
EQUIVALENT POSITION: If no substantially
WHAT
ARE
INCLUDED
IN
COMPUTATION OF BACKWAGES
THE
SPECIAL LAWS
SOCIAL SECURITY SYSTEM
COVERAGE:
Compulsory upon all employees not
over 60 years of age and their employers
In case of domestic helpers, their
monthly income shall not be less than one
thousand pesos
Any benefit already earned by the
employees under private benefit plans existing
at the time of the approval of the Act shall not be
discontinued, reduced or otherwise impaired and
shall continue to remain under the employers
management unless there is an existing
agreement to the contrary
Filipinos recruited by foreign based
employers for employment abroad may be
covered by the SSS on a voluntary basis
Compulsory upon such self- employed
persons as may be determined by the
Commission including but not limited to the
following:
1. all self employed professionals
2. partners and single proprietors
3. actors and actresses directors
4. professional
athletes,
coaches,
trainers
5. individual farmers and fishermen
EFFECTIVE DATE OF COVERAGE:
Shall take effect on the first day
of the operation with respect to the
employer and that of the employee on
the day of his employment
DEPENDENTS:
1. the legal spouse entitled by law to
receive support from the member
2. the legitimate, legitimated or legally
adopted and illegitimate child who is
unmarried, not gainfully employed
and has not reached 21 years of
age or if 21 years of age, he is
congenitally incapacitated or while
still a minor has been permanently
incapacitated and incapable of selfsupport, physically and mentally and
MEDICARE
COVERAGE:
All SSS members are covered under the
Medicare program. Total permanent disability,
unemployed
partial
permanent
disability,
GOVERNMENT SERVICE
INSURANCE SYSTEM
COMPULSORY MEMBERSHIP
Compulsory for all employees receiving
compensation who have not reached the
compulsory retirement age, irrespective of
employment status, except members of the
Armed Forces and the PNP, subject to the
condition that they must settle first their financial
obligations with the GSIS and contractuals who
have no employer and employee relationship
with the agencies they serve.
Except for the members of the Judiciary
and constitutional commissions who shall have
life insurance only, all members of the GSIS
shall have life insurance, retirement and all other
social security protection such as disability,
survivorship, separation and unemployment
benefits.
COMPUTATION OF SERVICE
The computation of service for the
purpose of determining the amount of benefits
payable shall be from the date of the original
appointment/ election including
periods of
service at different times under the authority of
the Republic of the Philippines and those that
may be prescribed by the GSIS in coordination
with the Civil Service Commission.
All service credited for retirement,
resignation
or
separation
for
which
corresponding benefits have been awarded shall
be excluded in the computation of service in
case of reinstatement in the service of an
employer and subsequent retirement or
separation which is compensable.
UNEMPLOYMENT OR INVOLUNTARY
SEPARATION BENEFITS
HOWEVER:
A
member
cannot
enjoy
temporary total disability benefit and sick leave
pay simultaneously.
In no case shall it be less than
70 pesos a day.
SURVIVORSHIP BENEFITS:
Upon the death of a member, the
primary beneficiaries shall be entitled to:
survivorship pension, PROVIDED:
a. member was in service at the time of his
death
b. if separated from service, has rendered
at least 3 years of service and paid 36
monthly contributions with the 5- year
period immediately preceding his death
or has paid a total of at least 180
monthly contributions.
LIFE INSURANCE BENEFITS
All employees except members of the
AFP and the PNP shall be compulsorily covered
with life insurance.
PRESCRIPTION OF CLAIMS
Claims for benefits under the Act except
for life and retirement shall prescribe after 4
years from the date of the contingency.
JURISDICTION
GSIS shall have the exclusive and
original jurisdiction to settle any dispute arising
under the Act and any other laws administered
by the GSIS.
POEA
The POEA retains original and exclusive
jurisdiction to hear and decide:
VENUE
A criminal action arising from illegal
recruitment shall be filed with the RTC of the
province or city where the offense was
committed or where the offended party actually
resides at the time of the commission of the
offense. The court where the criminal action is
first filed shall acquire jurisdiction to the
exclusion of other courts.
PRESCRIPTIVE PERIODS
Illegal recruitment cases under this Act
shall prescribe in five (5) years; provided,
however, That illegal recruitment cases involving
economic sabotage as defined herein shall
prescribe in twenty (20) years. (Sec. 12, R.A.
8042)
Repatriation fund
Loan Guaranty fund
Legal Assistance fund
Congressional Migrant Workers Scholarship
fund
DFA
DOLE
POEA
OWWA
OF
THE
RIGHT
TO
Government
employees
organization shall register with the Civil
Service AND the Department of Labor
and Employment .
government employees
employees already receiving 13th month pay
household helpers
employees paid purely on commission basis
STATEMENT
OF POLICIES
EMPLOYER
COVERAGE
COMPULSORY
VOLUNTARY
BY-ARRANGEMENT
Any foreign government, international
organization or their wholly owned instrumentality
MAT enter into agreement for the inclusion of
their employees EXCEPT those covered by their
own respective civil service retirement systems.
EXEMPTED
EMPLOYMENT
1. AFP
2. PNP
3. Contractuals who have no employer
and employee relationship
* Members of the judiciary and the
Constitutional Commissions life
insurance only
BENEFITS
1.
2.
3.
4.
5.
6.
7.
8.
Monthly pension
Dependents pension
Retirement
Death Benefits
Permanent Disability benefits
Funeral
Sickness
Maternity
1.
2.
3.
4.
5.
6.
Life Insurance
Retirement
Disability
Survivorship
Separation
Unemployment
BENEFICIARIES
PRIMARY
SECONDARY
1. Dependent parents
2. Legitimate descendants subject to the
restrictions on dependent children,
the legitimate descendants
CONTRIBUTIONS
1. Employers contributions
2. Employees contribution
3. Government contribution
1. Employers contribution
2. Employees contribution
MODE
OF COLLECTION
PENALTIES
DISABILITIES DEEMED
PERMANENT TOTAL
SYSTEM EXCUSED
FROM LIABILITY
AMOUNT OF FUNERAL
BENEFITS
P12,000.00
WHO PAYS
REMITTANCES?
COVERAGE
NOTICE
REQUIREMENT
P10,000.00
Employer
EFFECT OF
ERRONEOUS
PAYMENT
DISPUTE SETTLEMENT
1.
2.
3.
4.
exceptions)
Employer to record the same in
logbook within 5 days from notice.
Employer to notify SSS or GSIS
within 5 days from recording in
logbook.
1.
2.
3.
4.
Grievance Machinery
1. Interpretation or
implementation of the
CBA
2. Interpretation or
enforcement of
company personnel
policies
Voluntary Arbitration
1. Unresolved Grievances
2. Agreement on other
labor dispute(Bargaining
deadlock, ULP)
Labor Arbiter
(UTRCCC-M)
1. ULP
NLRC
1. Appellate jurisdiction
over Labor Arbiters
2. Termination Disputes
2. Injunction
3. Reinstatement-with
cases involving wages
3. Contempt
4. Claims of damages
arising from E-E
relationship
5. Cases involving
prohibited acts in strikes
(ART. 264)
6. Claims arising from E-E
relationship including
those of domestic
service, involving
amount exceeding
P5,000.0
7. Migrant Worker Cases