0 évaluation0% ont trouvé ce document utile (0 vote)
173 vues18 pages
This document discusses social justice and social legislation in the Philippines. It provides definitions of key terms like social justice, creditable services, and totalization. It explains that social legislation should be construed liberally in favor of beneficiaries to achieve humanitarian purposes. The document also summarizes the Limited Portability Law, which allows workers to totalize their contributions to the GSIS and SSS when transferring between public and private sectors to qualify for benefits. Overlapping membership periods are credited only once for totalization. This allows workers to retain social security benefits despite changing employment sectors.
This document discusses social justice and social legislation in the Philippines. It provides definitions of key terms like social justice, creditable services, and totalization. It explains that social legislation should be construed liberally in favor of beneficiaries to achieve humanitarian purposes. The document also summarizes the Limited Portability Law, which allows workers to totalize their contributions to the GSIS and SSS when transferring between public and private sectors to qualify for benefits. Overlapping membership periods are credited only once for totalization. This allows workers to retain social security benefits despite changing employment sectors.
This document discusses social justice and social legislation in the Philippines. It provides definitions of key terms like social justice, creditable services, and totalization. It explains that social legislation should be construed liberally in favor of beneficiaries to achieve humanitarian purposes. The document also summarizes the Limited Portability Law, which allows workers to totalize their contributions to the GSIS and SSS when transferring between public and private sectors to qualify for benefits. Overlapping membership periods are credited only once for totalization. This allows workers to retain social security benefits despite changing employment sectors.
"Social justice is 'neither communism, nor despositism, nor atomism nor anarchy,' but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the inter-relations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex." Calalang v. Williams, (70 Phil. 726) (Bar Question)
CONSTRUCTION: All doubts in the
implementation and interpretation of different social legislations shall be resolved in favor of compensability.
He who has less in life should have more
in law. Ramon Magsaysay The promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the component elements of the society through the maintenance of proper economic and social equilibrium in the interrelation of the members in the community, constitutionally through the adoption of measures legally justifiable or extra-constitutionally through the exercise of powers, underlying the exercise of all governments on the time honoured principle of salus populi est suprema lex. Dr. Jose P. Laurel* The law is geared towards* the concern of labor because our legislators realized the social and economic imbalance between the employer and employee. Philippines is a signatory to the International Labor Organization (ILO)
The inflexible rule in our jurisdiction is
that social legislation must be liberally construed in favor of the beneficiaries. Retirement laws, in particular, are liberally construed in favor of the retiree because their objective is to provide for the retirees sustenance and, hopefully, even comfort, when he no longer has the capability to earn a livelihood. The liberal approach aims to achieve the humanitarian purposes of the law in order that efficiency, security, and well-being of government employees may be enhanced. Indeed, retirement laws are liberally construed and administered in favor of the persons intended to be benefited, and all doubts are resolved in favor of the retiree to achieve their humanitarian purpose. - Construction (GSIS vs. De Leon. G.R. NO. 186560, November 17, 2010) LIMITED PORTABILITY LAW (R.A. 7699) An Act Instituting Limited Portability Scheme in the Social Security Insurance Systems by Totalizing the Workers Creditable Services or Contributions in each of the Systems Policy of the State: (PIT) Promotion of workers welfare by realizing their efforts in productive endeavors; Improvement of workers conditions by providing benefits for their long years of contribution to national economy; and Totalization and portability of social security benefits with the view of establishing within a reasonable period a unitary social security system* Note: it includes contributions paid by the employee or worker on account of the
workers membership to the system,
either the GSIS or the SSS. Totalization refers to the process of adding up the periods of creditable services or contributions under each of the systems, for purposes of eligibility and computation of benefits. Portability refers to the transfer of funds for the account and benefit of a worker who transfers from one system to the other. Who are the covered workers? Those who transfer employment from public to private sector or vice-versa; or Employed in both private and public sectors. RULE I : COVERAGE Section 1. These rules and regulations shall apply to all workermembers of the Government Service Insurance System (GSIS) and/or Social Security System (SSS) who transfer from one sector to another, and who wish to retain their membership in both Systems.* The creditable services or contributions in both systems shall be: CREDITED to their service or contribution record in each of the systems; and TOTALIZED for purposes of old-age, disability, survivorship and other benefits in case the covered member hoes not qualify for SSS or GSIS benefits in either or both systems without totalization. Note: In case of overlapping periods of membership, it shall be credited only ONCE for purposes of totalization. Proportionality of Benefits: Benefits to be paid by the system shall be in proportion to the number of contributions ACTUALLY REMITTED to that system. Note: All contributions paid by such member personally, and those that were paid by his employers to both systems (SSS and GSIS) shall be considered in the processing of benefits which he can claim from either or both systems.
f) Creditable services for the public
sector, the following shall be considered creditable services: 1.1 All previous services rendered by an official/employee pursuant to an appointment whether permanent, provisional or temporary. 1.2 All previous services rendered by an official/employee pursuant to a duly approved appointment to a position in the Civil Service with compensation or salary; 1.3 The period during which an official/employee was on authorized sick leave of absence without pay not exceeding one year; 1.4 The period during which an official or employee was out of the service as a result of illegal termination of his service as finally decided by the proper authorities; and 1.5 All previous services with compensation or salary rendered by elective officials. g) Period of contribution for the private sector, the periods of contribution shall refer to the periods during which a person renders services for an employer with compensation or salary and during which contributions were paid to SSS. For the purpose of this Section, a self employed person shall be considered an employee and employer at the same time. h) Eligibility means the worker has satisfied the requirements for entitlement to the benefits provided for under the Act. Benefits shall refer to the following: 1. Oldage benefit 2. Disability benefit 3. Survivorship benefit 4. Sickness benefit 5. Medicare benefit, provided that the member shall claim said benefit from the System where he was last a member, and 6. Such other benefits common to both System that may be availed of through totalization. Section 1. The process involved in the prompt payment of money benefits to eligible members shall be the joint responsibility of the GSIS and SSS. RULE V : TOTALIZATION
Section 1. All creditable services or
periods of contributions made continuously or in the aggregate of a worker under either of the Sectors shall be added up and considered for purposes of eligibility and computation of benefits. Section 2. All services rendered or contributions paid by a member personally and those that were paid by the employers to either System shall be considered in the computation of benefits, which may be claimed from either or both Systems. However, the amount of benefits to be paid by one System shall be in proportion to the services rendered/periods of contributions made to that System.
you have chosen, you would not be
allowed to incorporate your contributions to the SSS anymore for availment of additional benefits. In case of death, disability and old age, the periods of creditable services or contributions to the SSS and GSIS shall be summed up to entitle you to receive the benefits under either PD 1146 or RA 8291 (expanded GSIS). If qualified under RA 8291, all the benefits shall apply EXCEPT the cash payment. The reason for this is that the Portability Law or RA 7699 provides that only benefits common to both Systems (GSIS and SSS) shall be paid. Cash payment is NOT included in the benefits provided by the SSS.
Section 3. Totalization shall apply in the
following instances: a)If a worker is not qualified for any benefits from both Systems; b) If a worker in the public sector is not qualified for any benefits in the GSIS; or c) If a worker in the private sector is not qualified for any benefits from the SSS. For the purpose of computation of benefits, totalization shall apply in all cases so that the contributions made by the workermember in both Systems shall provide maximum benefits which otherwise will not be available. In no case shall the contribution be lost or forfeited.
54. Under the Limited Portability law,
funds from the GSIS and the SSS maybe transferred for the benefit of a worker who transfers from one system to the other. For this purpose, overlapping periods of membership shall be: A. credited only once. B. credited in full. C. proportionately reduced. D. equally divided for the purpose of totalization. (Bar 2011).
Section 4. If after totalization the
workermember still does not qualify for any benefit listed in Rule III, Section 1 (j), the member will then get whatever benefits correspond to his/her contributions in either or both Systems. Section 5. If a worker qualifies for benefits in both Systems, totalization shall not apply. Section 7. Overlapping periods of creditable services or contributions in both Systems shall be credited only once for purposes of totalization.* If you have satisfied the required years of service under the GSIS retirement option
How are the portability provisions of R.A.
7699 beneficial or advantageous to SSS and GSIS members in terms of their creditable employment services in the private sector or the government, as the case may be, for purposes of death, disability or retirement? Please explain your answer briefly. (Bar Question.) Portability provisions of R.A. No. 7699 shall benefit a covered worker who transfers employment from one sector to another or is employed in both sectors, whose creditable services or contributions in both systems credited to his service or contribution record in each of the system and shall be totalized for purposes of oldage, disability, survivorship and other benefits. (Sec. 3, R.A. No. 7699) The portability provisions of R.A. No. 7699 allow the transfer of funds for the account
and benefit of the worker who transfers
from one system to another. This is advantageous to the SSS and GSIS members for purposes of death, disability or retirement benefits. In the event the employee transfers from the private sector to the public sector, or vice-versa, their creditable employment services and contributions are carried over and transferred as well.
PATERNITY LEAVE ACT OF 1996 (R.A.
8187) PATERNITY LEAVE Refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days* but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. Section 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his
legitimate spouse and the expected date
of such delivery. For purposes, of this Act, delivery shall include childbirth or any miscarriage. CONDITIONS: (RIRR Revised Implementing Rules and Regulations of R.A. No. 8187) SECTION 3. Conditions to entitlement of paternity leave benefits. A married male employee shall be entitled to paternity benefits provided that: a. he is an employee at the time of delivery of his child; b. he is cohabiting with his spouse at the time she gives birth or suffers a miscarriage. c. he has applied for paternity leave in accordance with Section 4 hereof; and d. his wife has given birth or suffered a miscarriage. SECTION 4. Application for leave. The married male employees shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by the pregnant spouse, or within such period as may be provided by company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in case of miscarriage. Note: Delivery shall include childbirth or any miscarriage. Paternity Leave Benefits shall not be convertible to cash in case it is not availed of. (Not commutable)* [vs. commutation of sentence, RPC] Unlike maternity leave, paternity leave is not found in the Labor Code. The benefit is availed of not later than 60 days after delivery/miscarriage/abortion. The covered employee is entitled to a seven-day leave (BASIC SALARY)* for the first four deliveries/miscarriage of his lawful spouse. BASIC SALARY* means your REGULAR wage, commissions, and allowances INDEPENDENT of compliance with certain rules or exertion of additional effort.
SECTION 5. Availment. Paternity leave
benefits shall be granted to the qualified employee after the delivery by his wife, without prejudice to an employer allowing an employee to avail of the benefit before or during the delivery; provided, that the total number of days shall not exceed seven (7) days for each delivery. G.R. Exception When Paternity Leave may be Availed of The paternity benefit may be availed of before, during or after delivery, provided the total number of days does not exceed 7 working days. For example, the employee may take a leave of 2 days before delivery, 1 day during delivery, and another 4 days after delivery. However, the benefit must be availed of not later than 60 days after date of delivery. SECTION 8. Non-diminution clause. Nothing in these Rules shall be construed to reduce or replace any existing benefits of any kind granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee. SECTION 9. Crediting of existing benefits. Where a male employee is already enjoying the paternity leave benefits by reason of contract, company policy or collective bargaining agreement, the following rules shall apply: a.If the existing paternity leave benefit is greater than the benefit herein provided, the greater benefit shall prevail; b.If the existing paternity leave is less than that provided herein, such existing benefit shall be adjusted to the extent of the difference. However, where a contract, company policy or collective bargaining agreement provides for an emergency or contingency leave without specific provisions on paternity leave, the paternity leave as herein provided shall apply in full. There is a pending Senate Bill of Ramon Bong Revilla, Jr., legislating that paternity leave be extended on ALL deliveries of the wife
Non conversion to cash: If the
employee does not avail of the paternity leave, this benefit is not convertible to cash (not commutable) nor is it cumulative (increasing in quantity) Duration of paternity leave: 7 CALENDAR days with full pay, consisting of basic pay and mandatory allowances. Limits: This benefit is applicable to the first four (4) deliveries of the spouse of the employee with whom he is cohabiting. Penal sanctions: Sec. 5. Any person, corporation, trust, firm, partnership, association or entity* found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not exceeding Twenty-Five thousand Pesos (PHP25,000.00)* [PHP, PhP, Php, and/or P] or imprisonment of not less than thirty (30) days nor more than six (6) months. If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entitys responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible therefor. QUESTIONS: This would address only married fathers would be a discrimination against unmarried fathers to be what if they prioritize the well-being of the baby before thinking about the marriage? What if they dont believe in the sanctity of marriage? Or what if the child has a father who cant be married again for the father has been married once? Females can acquire maternity leave even unwed, why cant males do so? Because the law presumes that the illegitimate child is under the sole custody of the mother and that the father is not living with the mother. The rationale is different for the mother who is granted maternity leave because regardless of her civil status, a mother who has just given birth needs the same amount of care and rest to heal and get well. Husbands are allowed paternity leave so that they can
help their wives cope with the special
needs arising from taking care of a newborn at home. It is related to the legal obligation of the husband to take care and support the wife. That kind of legal duty does not attach to the unwed father. It is not strictly speaking discrimination but a reasonable distinction due to differences in both settings. Does RA 8187 apply for individuals working as consultants for a certain company? It is stipulated in my contract with the employer that we are not employees, but rather consultants. But I do believe that the more appropriate term to be used is contractual. Does the RA 8187 applicable on our condition? The Paternity Leave is granted to ALL married male employees in the private sector, regardless of their employment status which may be probationary, regular, contractual or project basis. So, yes. It applies to contractual employees as well. Paternity leave benefit is granted to married employees regardless of their length of service to the company? So even if the father is only on his second month of employment, the company has to grant him this benefit? Yes, thats correct. But the employee must notify the employer of the wifes pregnancy and expected due date to avail of this benefit. Consultant as a contractual employee vs. consultant as an independent contractor Consultants are independent contractors, not employees, who are often hired to render advice or provide specialized service that is not in the ordinary course of the business of the company. Examples are PR consultants, HR consultants and marketing consultants. Their scope of work is limited by a contract or agreement, which is why a consultant is often mistaken for contractual. Contractual employees are those whose employment are for a fixed term or period. The contract is often renewed after the expiry. The difference between the two is
in the control that the company engaging
their services has on them. A consultant performs work using his own tools, resources, time and methods. The contractual employee usually performs work following specific instructions of and is subject to the disciplinary rules of the employer. So, for example, if the company prohibits moonlighting or holding two or more employment, the contractual employee may be terminated on this ground, while the consultant is not subject to this restriction unless the terms of his contract specifically say so. What if the employee decides not to take all of the leave days allowed (e.g. he was on paternity leave only for 2 days). Do the 5 remaining days still apply? KA KLARO ANA!!! Is there any specific document needed for applying paternity leave like maternity leave? Generally, there is only an application for paternity leave that must be filed within a reasonable period of time from the expected date of delivery, meaning the application must be made PRIOR to the expected date of delivery although the paternity leave is to be used after delivery. But you should also check with your HR or employer if there is an existing company rule on the kind of notice required. In case of miscarriage, prior application for paternity leave is not required. In the revised IRR issued by DOLE on March 13, 1997 they delisted abortion from the coverage of the paternity leave. How about abortion that intentionally committed by medical practitioner in order to save the life of the mother out of a certain condition. Can the legal husband avail of paternity leave, given the situation above? Abortion is not included in the legal provisions on Paternity Leave. But this does not mean that the company cannot grant paternity leave as its own policy. The law is a minimum standard employers can extend its benefits for humanitarian reasons.
Is the application mechanics for paternity
leave the same for maternity leave where SSS pays them NOT the company (because the company has no leave benefits on its own). The Paternity leave is not a cash out benefit unlike the maternity benefit. Before the child is born, the father notifies the employer of the expected due date and the tentative schedule of the paternity leave after the delivery. Once the child is born, the father may then use the 7-day leave without suffering any deduction for his absence. Hence, it is a paid leave. It is not convertible to cash if the father does not use it. As a GENERAL RULE: the paternity leave is available after the delivery of the child with the EXCEPTION of existing company policy or other agreement where the EMPLOYER allows the employee to avail of the leave before the delivery. No contradiction you just have to read it in its entirety. One is the general rule, the other is an exception. We contracted a Service Provider for a certain position and that employee is under the payroll of the Service Provider. Where will the contractual personnel file the notification of the wifes childbirth, to the Service Provider or to us where she/ he is assigned? Who will pay for the 7 days paternity leave, the Service Provider or us? (the employer service provider of course, unless otherwise agreed upon) Paternity leave is a benefit that the employer must provide if the personnel who is about to become a father is NOT your employee but of a service provider then he should notify the service provider who will take note of the expected due date including the tentative dates of the paternity leave. The paternity leave is not a cash benefit like the maternity benefit, no amount is actually disbursed but the employee on paternity leave is allowed a paid leave. This means, he will not suffer a salary deduction for not working on those days. But this is a matter appropriate for
the employer (who is the service provider)
to consider. The service provider may just have to inform you, as a matter of expediency, of the inclusive dates of the paternity leave. If the father has already 4 children and there is another newly born child, can he avail his paternity leave if he did not avail it in his first born? The first was born 1997 but for any reason nobody informed or notified him regarding paternity leave at that time. By the way when was paternity leave became a law? The Paternity leave law was passed in 1996 and took effect in 1997. The wordings of the law is clear it only applies to the first 4 deliveries. The law does not mention any exceptions, so unless there is an amendment to this law, then the reasonable interpretation would be to exclude deliveries after the 4th child. What if the birth of my baby falls on national holiday can I still enjoy my 7 days leave after the holiday? or it overs all including saturday and sunday in that 7 days paternity leave The Paternity leave is 7 calendar days, unless otherwise provided in an existing CBA or company policy as working days. (DOLE advisory) What if may baby was born 7 days before we got married, would I still be able to apply for a paternity leave? No, you are not legally qualified for the paternity leave, unless your employer has a company policy that allows it. Who will pay for the paternity leave, company or SSS? The paternity leave is not a cash benefit that must be paid in case it is not used by the employee. The employer grants it and pays the employees usual salary as if he reported for work at the time he avails of the paternity leave. My husbands SSS status is still single and has not been updated yet by their agency. I gave an early birth during the holy week
and the 7 days-should-be-paternity leave
is about to end. It is the employers obligation (not the SSS) to grant paternity leave. Paternity leave is not a monetary or cash benefit but a paid leave, meaning, your husband can be excused from work for up to 7 calendar days and still get paid his salary on those days. But to avail of this leave, he must have informed his employer of your pregnancy and the expected dates of the availment. Under agency.. janitorial. Etc.. For as long as hes an employee of that agency meaning he performs services and receives compensation for it, then he is entitled to paternity leave regardless of the length of his employment. 41. To avail himself of paternity leave with pay, when must the male employee file his application for leave? A. Within one week from the expected date of delivery by the wife. B. Not later than one week after his wifes delivery or miscarriage C. Within a reasonable time from the expected delivery date of his wife. D. When a physician has already ascertained the date the wife will give birth. 43. Which of the following is NOT a requisite for entitlement to paternity leave? A. The employee is cohabiting with his wife when she gave birth or had a miscarriage. B. The employee is a regular or permanent employee. C. The wife has given birth or suffered a miscarriage. D. The employee is lawfully married to his wife. Mans Weto had been an employee had been an employee of Nopolt Assurance Company for the last ten (10) years. His wife of six (6) years died last year. They had four (4) children. He then fell in love with Jovy, his co-employee, and they got married.
In October this year, Wetos new wife is
expected to give birth to her first child. He has accordingly filed his application for parternity leave, conformably with the provisions of the Paternity Leave Law which took effect in 1996. The HRD manager of the assurance firm denied his application, on the ground that Weto had already used up his entitlement under the law. Weto argued that he has a new wife who will be giving birth for the first time, therefore, his entitlement to paternity leave benefits would begin to run anew. Whose contention is correct, Weto of the HRD manager? The contention of Weto is correct. The law provides that every married male is entitled to a paternity leave of seven (7) days for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The fact that Jovy is his second wife and that Weto had 4 children with his first wife is beside the point. The important fact is that this is the first child of Jovy with Weto. The law did not distinguish and we should therefore not distinguish. The paternity leave was intended to enable the husband to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly born child. (Sec. 3, R.A. No. 8187) To deny Weto this benefit would be to defeat the rationale of the law. Moreover, the case of Weto if a grey area and the doubt should be resolved in his favor. Is Jovy entitled to maternity leave benefits? Yes, Jovys maternity benefit is personal to her and she is entitled under the law to avail herself of the same for the first four times of her delivery. (R.A. No. 8282). MATERNITY LEAVE A female member is entitled to a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days* in case of caesarean* delivery. Requirements:
There is childbirth, abortion* or
miscarriage*; and (vs. Paternity leave (no abortion{G.R.}) She has paid at least 3 monthly contributions in the 12-month period immediately preceding the semester of her childbirth of miscarriage* (How is this computed?) Checklist for Availment The pregnant woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. She has given the required notification of her pregnancy through her employer if employed, or to the SSS if separated, voluntary or self-employed member. 3-monthly Contribution Illustration To avail of maternity benefits, the woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. A semester refers to two consecutive quarters ending in the quarter of contingency; A quarter refers to three consecutive months ending March, June, September or December. To illustrate, assume that the projected date of delivery is March 2010. The semester of childbirth would be from October 2009 to March 2010. This is called the semester of contingency. Count 12 months backwards starting from the month immediately before the semester of contingency, which is September 2009. Hence, the 12-month period immediately preceding the semester of childbirth or miscarriage is from October 2008 to September 2009. To avail of the benefits, the employee must have paid at least 3 monthly contributions during this period. Note that this requirement supersedes Article 133, which requires that the woman employees must have rendered an
aggregate service of at least six months
for the last twelve months. Conditions: Employee shall notify her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS; The payment shall be advanced by the employer in two equal installments within 30 days from the filing of the maternity leave application; The payment of daily maternity benefits shall be a bar to the recovery of sickness benefits for the same compensable period of 60 days for the same childbirth, abortion, or miscarriage, or 78 days in case of caesarean delivery;* That the maternity benefits provided under this Section shall be paid only for the first four deliveries or miscarriages. That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and If an employee should give birth or suffer abortion or miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits, which said employee would otherwise have been entitled to, and the SSS shall in turn pay such amount. Abortion Reproductive Health Act of 2012. (3) Proscription of abortion and management of abortion complications; What if 10 days la na maternity leave? Punishment? Penal Provisions under R.A. 8282 (Social Security Law) (among others) "(e) Whoever fails or refuses to comply with the provisions of this Act or with the
rules and regulations promulgated by the
Commission, shall be punished by a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years, or both, at the discretion of the court: Provided, That where the violation consists in failure or refusal to register employees or himself, in case of the covered self-employed or to deduct contributions from the employees' compensation and remit the same to the SSS, the penalty shall be a fine of not less Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) and imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years. Maternity Leave under Labor Code Maternity Leave Under Article 133(a) of the Labor Code, Every employer shall grant to any pregnant woman employees who has rendered an aggregate service of at least six months for the last twelve months, maternity leave of at least two weeks prior to the expected date of delivery and another four weeks after normal delivery or abortion, with full pay based on her regular or average weekly wages. From the above provision, a qualified pregnant woman employee shall be entitled maternity leave of at least two weeks prior to expected date of delivery and another four weeks after normal delivery or abortion. Thats a total of six weeks maternity leave. (Note: Article 133, particularly provisions pertaining to benefits and procedure for availment, must give way to Social Security Act.) Leave extension Maternity leave may be extended on account of illness arising out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work. Extended maternity leave is without pay, but may be
charged against any unused leave
credits. Maternity Benefits under SSS Law A pregnant woman member of SSS who has paid at least three monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit. Amount SSS maternity benefit shall be equivalent to 100% of the pregnant employees average daily salary credit for 60 days, or 78 days in case of caesarian delivery. Time of payment The full payment of maternity benefits shall be advanced by the employer within 30 days from the filing of the maternity leave application. Who makes the payment The SSS shoulders the payment of maternity benefits. But the procedure is that the payment is to be initially advanced by the employer, subject to immediate reimbursement by SSS. Valid marriage not required Unlike in paternity leave where valid marriage is a requisite for availment, the existence of a valid marriage is not required to avail of maternity leave benefits. Limitation on Availment Entitlement to maternity leave under the Labor Code and maternity benefits under the SSS Law applies only for the first four deliveries.
Bar to recovery of sickness benefits.
That payment of daily maternity benefits is a bar to the recovery of SSS sickness benefits for the same period for which daily maternity benefits have been received. Effect of Failure of Employer to Remit Contribution.
If the employer fails to remit the required
contributions, or to notify SSS of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to. Tax Treatment of Maternity Benefit Maternity benefits advanced by employer to employee are excluded from gross income and thus exempt from withholding tax. Under the National Internal Revenue Code (NIRC), all benefits received from or enjoyed under the Social Security System in accordance with the provisions of Republic Act No. 8282 shall not be included in gross income and shall be exempt from taxation. (Section 32 [B] [6][e], NIRC) SOLO PARENT WELFARE ACT R.A. 8972 WHAT IS THE SOLO PARENT WELFARE ACT? RA 8972 or the Solo Parent Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs. WHEN DID R.A. 8972 TAKE EFFECT? RA 8972 was signed into law on November 7, 2000 and took effect on November 28, 2000. Its implementing rules and regulations (IRR) was approved in April 2002. WHO ARE CONSIDERED AS SOLO PARENT? Solo Parent is any individual who falls under any of the following categories: 1. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided that mother keeps and raises the child.
2. Parent left solo or alone with the
responsibility of parenthood due to the following circumstances: a. Due to death of spouse. b. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year. c. Physical and/or mental incapacity of spouse as certified by a public medical practitioner. d. Legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children. e. Declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children. f. Due to abandonment of spouse for at least one (1) year. 3. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution. 4. Any other person who solely provides parental care and support to a child or children; provided he or she is duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court. 5. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. CHILDREN Those living with the solo parent, dependent for support, unmarried, unemployed and below eighteen (18) years old, or eighteen (18) years old and above but is incapable of self-support and/or with physical/mental defect/disability. WHAT ARE THE CONDITIONS FOR THE TERMINATION OF THE PRIVILEGES OF A SOLO PARENT? A change in the status or circumstances of the parent claiming benefits under this Act, such that he/she is no longer left
alone with the responsibility of
parenthood, shall terminate his/her eligibility for benefits such as change in the status with marriage*, the concerned parent is no longer left alone with the responsibility of parenthood, etc. DOES THE SOLO PARENT ACT APPLY TO THOSE WHOSE SPOUSE IS ABROAD? The law did not consider this as one of the categories of solo parent since the other spouse still exercises duties over his/her family. However, if the other parent is abroad and has lost contact with his/her family for a year or more, the other parent who is left with the custody of the family, may be considered as solo parent, provided proofs are presented to qualify as such. WHAT IS THE PACKAGE OF SERVICES FOR SOLO PARENT? The comprehensive package of programs/services for solo parents includes livelihood, self-employment and skills development, employment-related benefits, psychosocial, educational, health and housing services. WHAT ARE THE CRITERIA FOR SUPPORT? Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance. A Solo Parent can directly inquire from the following agencies to avail of their services: 1. Health Services (DOH) 2. Educational Services (CHED, TESDA) 3. Housing (NHA) 4. Parental Leave (Employer, DOLE, CSC) Solo parent whose income is above the poverty threshold shall enjoy only such limited benefits as flexible work schedule, parental leave and others to be determined by the DSWD. WHAT ARE THE STEPS TO AVAIL OF THE PACKAGE OF SERVICES?
A solo parent shall apply for a Solo Parent
Identification Card (Solo Parent ID) from the City/Municipal Social Welfare and Development (C/MSWD) Office. Once the C/MSWD Office issues the Solo Parent ID, a solo parent can apply for services he/she needs from the C/MSWD Office or to specific agencies providing such assistance/services. WHAT ARE THE REQUIREMENTS IN SECURING A SOLO PARENT ID? 1. Barangay certificate residency in the area; 2. Documents/Evidence that the applicant is a solo parent (e.g. death certificate of spouse, declaration of nullity of marriage, medical certificate if incapacitated); and 3. Income Tax Return (ITR) or certification from the barangay/municipal treasurer. WHAT DOCUMENT/PROOF WILL A SOLO PARENT PRESENT IF HE/SHE HAS CHILD OR IS DE FACTO SEPARATED FROM HUSBAND/WIFE? A Certificate issued by the Barangay Captain indicating the circumstances on ones being a solo parent. IF A SOLO PARENT FILES THE APPLICATION, CAN AN ID BE SECURED RIGHT AWAY? No. The Social Worker has to complete the assessment/evaluation of the solo parent situation. The ID will be issued after 30 days from filing. The validity of the ID is one year and is renewable. IS PARENTAL LEAVE RETROACTIVE SINCE THE LAW TOOK EFFECT LAST NOVEMBER 2000? No. Parental leave is non-cumulative and can be availed only during the current year. Further, it can only be availed after the issuance of the Solo Parent ID. IS THE 7-DAY PARENTAL LEAVE IN ADDITION TO THE EXISTING 3-DAY SPECIAL LEAVE PRIVILEGE? The law clearly indicates that the granting of the 7-day parental leave is on top of the 3-day special leave and other mandatory leave benefits.
CAN A SOLO PARENT APPLY FOR
PARENTAL LEAVE FOR ANY CHILD? Yes, as long as the child is living with him/her, dependent for support, unmarried, unemployed and below eighteen (18) years old, or eighteen (18) years old and above but is incapable of self-support and/or with physical/mental defect/disability. WHAT ARE THE CONDITIONS FOR GRANTING PARENTAL LEAVE TO SOLO PARENTS? The parental leave of seven (7) days shall be granted to any Solo Parent employee subject to the following conditions: 1. The solo parent must have rendered service for a least one (1) year, whether continuous or broken, reckoned at the time of the effectivity of the law on September 22, 2002, regardless of the employment status. 2. The parental leave shall be availed of every year and shall not be convertible to cash. If not availed within the calendar year, said privilege shall be forfeited within the same year. 3. The parental leave shall be availed of on a continuous or staggered basis, subject to the approval of the Administrator. In this regard, the solo parent shall submit the application for parental leave at least one (1) week prior to availing the solo parent leave, except on emergency cases. 4. The solo parent employee may avail of parental leave under any of the following circumstances: a. Attend to personal milestones of a child such as birthday, communion, graduation and other similar events; b. Perform parental obligations such as enrollment and attendance in school programs, PTA meetings and the like; c. Attend to medical social, spiritual and recreational needs of the child; d. Other similar circumstances necessary in the performance of parental duties and responsibilities, where physical presence of the parent is required.
5. The head of agency/office concerned
may determine whether granting of parental leave is proper or may conduct the necessary investigation to ascertain if grounds for termination and withdrawal of the privilege exist. What are the requirements for the availment of this leave? The solo parent has: Rendered at least one year of service whether continuous or unbroken; Notified the employer within a reasonable time period; and Presented a Solo Parent Identification Card to his/her employer (while the ID is in process, any proof may be presented) What are the criteria for support under RA 8972? [1] Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area is eligible for assistance; [2] That any solo parent whose income is above the poverty threshold can enjoy the benefits mentioned in Sections 6, 7 and 8 of RA 8972. Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds. Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. What are government agencies required to provide under RA 8972?
A comprehensive package of social
development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents. The DSWD must coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families.
parents: But the flexible work schedule
should not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on meritorious grounds.
What are included in this package of
services for single parents? The package of services will initially include:
What is the so-called single parent
leave? Section 8 of Republic Act No. 8972 states that in addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. Please take note of the phrase in addition to leave privileges under existing laws.
(a) Livelihood development services
which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement. (b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts. (c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children. (d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse. (e) Special projects for individuals in need of protection which include temporary shelter, counselling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment. What is flexible work schedule? It is the right granted to a solo parent employee to vary arrival and departure time without affecting the core work hours as defined by the employer. Under Section 6 of RA 8972, the employer must provide for a flexible working schedule for solo
What about the issue of work
discrimination, in terms of job assignments or promotion? Section 7 of RA 8972 provides that employers must not discriminate against solo parents with respect to terms and conditions of their employment.
What if there are already benefits
under company policies or provisions of the CBA? Can the parental leave still be availed of? Section 20. Non-conversion of Parental Leave In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. However, if said leave were denied an employee as a result of non-compliance with the provisions of these Rules by an employer, the aforementioned leave may be used a basis for the computation of damages. Section 21. Crediting of Existing Leave If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7) days provided for in the Act, the greater benefit shall prevail. If the company already gives leave benefits or there are applicable provisions in the CBA, the question
that should be resolved is: Are the
benefits similar to or greater than the parental leave under RA 8972? If not, then such benefits under company policies or CBA provisions cannot be credited under Section 21. Question: Companies, in seeking ways to save on costs and expenses, sometimes refuse to grant the solo parent leave. They claim that that there are existing or benefits similar to the solo parent leave under company policies. If you are a solo parent working for a company that refuses to grant the solo parent leave by claiming that Section 21 of the IRR applies, then you should seek the help of the Public Assistance and Complaints Unit of the DOLE. The PACU will help you file a complaint and then call you and your employer to a mediation/conciliation conference. If nothing comes out of the conciliation, the PACU will endorse your complaint to the National Labor Relations Commission. A common problem of single parents is providing educational opportunities for their children. Does RA 8972 have provision on this issue? The DECS, CHED and TESDA are mandated to provide the following benefits and privileges: (1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and (2) Non-formal education programs appropriate for solo parents and their children. Another problem of single parents is housing. What benefits if any are provided under RA 8972? Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.
What about medical assistance?
The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs). How do I avail of the benefits under RA 8972? You can communicate with the DSWD office of your town or city as to the requirements. RETIREMENT PAY LAW (R.A. 7641) Amending Art. 287 of the Labor Code COVERAGE: All employees in the private sector; Part-time employees; Employees of service and other job contractors; and Domestic helpers or persons in the personal service of another. Note: The law does not cover employees of: Retail, service and agricultural establishments or operations employing not more than ten (10) employees; and Government and its political subdivisions, including GOCCs, if they are covered by the Civil Service Law and its regulations. Dismissed from work due to just cause (as a rule) WHEN TO RETIRE: 1.Upon reaching the retirement age established in the CBA or any other employment contract. Retirement Benefits as he may have earned under existing laws and any CBA and other agreements, provided that: It shall not be less than those prescribed by the Retirement Pay Law; and If such benefits are less, the employer shall pay the difference between the amount due under the Retirement Pay Law
and that provided under the CBA or
retirement plan. 2.In the absence of retirement plan or CBA regarding retirement, employee upon reaching the age of 60 years or more and has served at least 5 years in the said establishment. (Optional Retirement) Retirement benefits equivalent to at least month salary for every year of service; a fraction of at least 6 months being considered as one whole year. Note: Unless parties provide for broader inclusions, the term 1/2 MONTH SALARY shall mean 15 days + 2.5 days representing one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves, or a total of 22.5 days for every year of service. 3. Upon reaching the age of 65. (Compulsory Retirement) RETIREMENT PLAN VIS--VIS RETIREMENT PAY LAW A retirement plan in a company partakes of the nature of a contract, with the EMPLOYER AND THE EMPLOYEE AS THE CONTRACTING PARTIES. R.A. No. 7641 only applies in a situation where: There is no CBA or other applicable employment contract providing for retirement benefits for an employee, or There is a CBA or other applicable employment contract providing for retirement benefits for an employee, but it is below the requirement set for by law. Even if the company does not include 13th month pay and service incentive leave as part of the salary base, R.A. 7641 DOES NOT APPLY WHERE THE EMPLOYEE RECEIVES A LUMP SUM OF 1 months pay per year of service. The company already grants to its retiring employee more than what the law gives which is month salary for every year of service. (Oxales vs. United Laboratories, Inc. G.R. No. 152991 , July 21, 2008) RETIREMENT AGE FOR MINERS
An underground mining employee upon
reaching the age of fifty (50) years or more, but not beyond 60 years, which is hereby declared the compulsory retirement age for underground mine workers, who has served for at least five years as underground mine worker, may retire and shall be entitled to all the retirement benefits provided for in the Article. ANTI-SEXUAL HARASSMENT ACT (R.A. 7877) DECLARATION OF POLICY The State shall: (D2H2) Value the Dignity of every individual; Enhance the development of its Human resources; Guarantee full respect for Human rights; and Uphold the Dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Note: All forms of sexual harassment in the employment, education or training environment are hereby declared UNLAWFUL! WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT DEFINED WHO may commit: Supervisor Agent of the employer Manager Employer Employee Teacher Instructor Professor Coach Trainor; and Any other person who, having authority, influence or moral ascendancy (AIM) over another. Any person who Directs or induces another to commit any act of sexual harassment as herein defined (principal by induction), or who cooperates in the commission thereof by another, without
which it would not have been committed
(principal by indispensable cooperation), shall also be held liable under this Act. WHEN Sexual Harassment punishable: (WET) Work-related; Education-related; and Training-related. WHERE committed: In a work or training or education environment. HOW Committed: General Rule: Demands, requests or otherwise requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is accepted by the object of said act. Specifically: In a work-related or employment environment, sexual harassment is committed when: (CRI-IHO) The sexual favor is made as a Condition: In the hiring or in the employment; Re-employment or continued employment of said individual; or In granting said individual favourable compensation, terms, conditions, promotions or privileges. The Refusal to grant the sexual favour results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; The above acts would Impair the employees rights and privileges under existing labor laws; and The above acts would result in an Intimidating, Hostile or Offensive environment for the employee (IHO) 2.In an education or training environment, sexual harassment is committed: (CECIHO) Against one who is under the Care, custody or supervision of the offender;
Against one whose Education, training,
apprenticeship or tutorship is entrusted to the offender; When the sexual favor is made a Condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges or considerations; and When the sexual advances result in an Intimidating, Hostile or Offensive environment for the result, trainee or apprentice (IHO). Duty of the Employer or Head of Office in a Work-Related, Education or Training Environment It is the duty of the employer or head of office in a work-related, education or training environment: To prevent or deter the commission of acts of sexual harassment; To provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment; Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representative, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor; Create a Committee on decorum and investigation of cases on sexual harassment to increase understanding and prevent incidents of sexual harassment; and The employer or head of office, educational or training institution shall Disseminate or post a copy of this Act for the information of all concerned. Note: Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. Liability of the Employer or Head of Office, Educational or Training Institution Shall be SOLIDARILY liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training
institution is informed of such acts by the
offended party and no immediate action is taken thereon. Independent Action for Damages Nothing in this Act shall preclude the victim of work, education or trainingrelated sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Penalties Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than 1 month nor more than 6 months* (seriously??), or a fine of not less than PHP10,000.00 nor more than PHP20,000.00, or both such fine and imprisonment at the discretion of the court. Prescription
Any action arising from the violation of
the provisions of this Act shall prescribe in three (3) years.
"Social Double-Account-System with Three-Column-Funding with free prices and money administration by the citizens themselves" Adapted to US Economy, strong market-based and joining social needs (All your claims are fulfilled): A potential Health Care Act by Donald Trump, President of the United States (To be urgently forwarded to) New Deal Health Care (to vanish old-fashioned "Obama Care")