LABOR LAW POINTERS

1. Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate collective bargaining agreement. 2. Where the employee alleges non-payment of wages and/or commission, the employer has the burden to prove payments. 3. Payment of wages through automated teller machines (ATM) is allowed under a labor advisory dated November 25, 1996. 4. Wages shall be paid at least once every two weeks or twice a month at intervals not exceeding 16 days. 5. As a general rule, the place of payment shall be at or near the place of undertaking. Payment in a place other than the workplace shall be permissible only under the following circumstances. When payment cannot be effected at or near the place of work by reason of the deterioration of peace and order conditions, or by reason of actual or impending emergencies caused by fire, flood, epidemic or other calamity rendering payment threat impossible; When the employer provides free transportation to the employees back and forth Under any other analogous circumstances; provided that the time spent by the employees in collecting their wages shall be considered as compensable hours worked 6. Wages shall be paid directly to the workers to whom they are due.

DEFINITION: 7. Contracting refers to the completion or performance of a job, work or service within a given period. 8. Contractor refers to any person or entity engaged in legitimate contracting or subcontracting agreement 9. Substantial capital or investment refers to capital stocks and subscribed capitalization in the case of corporation, tools, equipment, implements, machineries and work premises, actually and directly used by the contractor or subcontractor In the performance or completion of the job, work or service contracted out. 10. Control refers to the right reserved to the person for whom the service of the contractual workers is performed, to determine not only the end to be achieved, but also the manner to be used in reaching that end.

11. If a cooperative is found to be a job contractor, it is considered a contractor-employee. As such it is an employer and must therefore register itself and its employees with the SSS. 12. 15. CASES 16. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees (subject to some exceptions) 17. Deduction for loss or damage: The employee is clearly shown to be responsible for the loss or damage The employee is given ample opportunity to show cause why deduction should not be made The amount of the deduction is fair and reasonable and shall not exceed the actual loss or damage The deduction from the employees wage does not exceed 20% of the employees wages in a week

18. Wage distortion is a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an established as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation 19. Art. 124 as amended by RA 6727 states that if wage or salary distortion results from implementation of a wage order, the employer and the union shall negotiate to correct the distortion. Wage distortion is nonstrikeable. It should be resolved through grievance procedure or voluntary arbitration or in the absence of CBA through NCMB or a labor arbiter. 20. Case 21. Tuition fee may be increased on the condition that 70% of the tuition fee increases shall go to the payment of salaries, wages, allowances and other benefits of teaching and non teaching personnel. 22. Women nightwork prohibition: - In any industrial undertaking between 10 at night and 6 in the morning or the following day - in any commercial or non-industrial undertaking, other than agricultural between midnight and 6 in the morning the following day - in any agricultural undertaking at nighttime unless given a period of rest of not less than 0 consecutive hours

26. Facilities for Women establish a nursery in a workplace ; provide seats for women and permit them to use seats when they are free from work and during working hours, provided they can perform their duties in this position without detriments to efficiency 27. Maternity leave entitlement: Female members should be employed at the time of delivery, miscarriage, or abortion She must be given the required notification to the SSS thru her employer Her employer must have paid at least 3 months of maternity contributions within 12 month period immediately before the semester of contingency 32. Every pregnant woman in the private sector whether married or unmarried is entitled to the maternity leave benefits 33. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage 34. CASE 35. If a house helper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen days by way of indemnity