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minimum terms, benefits and conditions of employment which employees are legally entitled to and employers must comply with. )he minimum re2uirements prescribed by e&isting laws, rules and regulations and other issuances relating to wages, hours of wor!, cost of living allowances and other monetary and welfare benefits, including those set by occupational safety and health ha3ards. 4Section 7, ,ule ., ,ules on the 1isposition of *abor Standards +ases 5 September 1", 19677 8&. $vertime pay, night differential pay, premium pay, minimum wage
0oo! .9.: *A0$, ,8*A).$(S ,efers to the interactions between the employers and employees or their representatives and the mechanism by which the employment standards are negotiated, adjusted and enforced. Mar2ue3/ process the terms, benefits and conditions to improve the same through collective bargaining or negotiation. S$+.A* A(1 <8*=A,8 *8>.S*A).$(S *egislations that grant benefits which apply to wor!ers who are unable to wor! on account of sic!ness or disability or not at wor!. ,efers to a broader category of law that protects or promotes the welfare of society or segments of it in furtherance of social justice. .ntended to substitute income 8&. Social Security Act, ,etirement *aw, ?hil@ealth
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*A0$, S)A(1A,1S 5 employee is actually at wor! S$+.A* A(1 <8*=A,8 *8>.S*A).$( 5 employee is not at wor! or unable to wor!.
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CONCEPT OF LABOR .n a general sense, a job, wor! or service. .n a particular sense, it is the e&ertion of human being by his mental or physical effort towards production of goods or services. )echnically, a wor!ing force or wor!ingmen.
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,efers to the e&traction of wor! or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or deception. 41$ "-9B S#BB 7 not recogni3ed in the ?hils S8,=1$M4not recogni3ed in the phils7 8nforced labor of serfs on the fields of the landowners, in return for protection and the right to wor! on their leased fields. A little better off than slavery.
THREE FIELDS OF LABOR LAWS 1. *A0$, S)A(1A,1S Minimum terms and conditions fi&ed by law.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 1 of 75
8&le/ Article 263 LC 4g7 <hen, in his opinion, there e&ists a labor dispute causing or li!ely to cause a stri!e or loc!out in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the +ommission for compulsory arbitrationG ,eason/ S$*8 may compel the employer to admit the employees and the employees to return to their wor!. #. S$+.A* FHS).+8 )he 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 proper economic and social e2uilibrium in the interrelation of the members of the community, constitutionally through the adoption of measures legally justifiable, or e&tra9constitutionally through the e&ercise of powers, underlying the e&ercise of all governments on the time honored principle of %salus populi est suprema le&'. 41r. Fose ?. *aurel7 )he law is geared towards the concern of labor because our legislators reali3e that social and economic imbalance between the employer and employee. ?hilippines is a signatory of .*$ +onvention 4.nternational *abor $rgani3ation7 H( 1eclaration of @uman ,ights ?,$)8+).$( )$ *A0$,
OMNIBUS RULES "s ")e $e$ *+ DO NO. ,S.--/, DO NO. 4,0,1 S2,,1, "s ")e $e$ *+ DO NOS. 4,0A0,1, 4,0B0,1, 4,0C0,1 " $ 4,0C0 ,2 @ave the force and effect of laws. ?rovided, however, that these rules and issuances will not e&pand the law or strip the law. $therwise, under the rules on statutory construction, these will be considered void. )he 1$*8 is the lead agency in enforcing labor laws and it possesses rule9ma!ing power in the enforcement of the +ode. 0ut a rule or regulation that e&ceeds the departmentCs rule9ma!ing authority is void. )he rule9ma!ing power is e&ceeded when the implementing rule changes, wittingly or unwittingly, the content or meaning of the law which the rule aims to implement. )he implementing rule, on other words, must be subordinate to the law itself.
8DAM?*8/ ?olicy .nstruction (o. - 966 4issued by former Sec. =ran!lin 1rilon7 has been declared void by the Supreme +ourt because this has e&panded Art. 6; of the *abor +ode on 8mployment of @ealth ?ersonnel by erroneously interpreting that health employees are entitled to a %full wee!ly wage for 7 days' if they have completed the B9hourE-9day wor!wee!. SUPREME COURT DECISIONS Article 8 CC.9 Fudicial decisions applying or interpreting the laws or the +onstitution shall form part of the legal system of the ?hilippines.
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Article X ! Section 3! "#8$ Constitution . )he State shall afford full protection to labor, local and overseas, organi3ed and unorgani3ed, and promote full employment and e2uality of employment opportunities for all. ,eason/ 8mployer stands in a higher footing than the employee because of economic dependence of the employee on the employer and the greater supply of labor than the demand of it. LIMITATIONS
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 2 of 75
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+ongress could not pass laws which would impair the obligations of the parties, however, the same can pass laws to regulate the obligations and contracts. May be impaired by the e&ercise of the state of police power. 8IHA* ?,$)8+).$( +*AHS8
2. ART. 2 NCC. *aws shall ta!e effect after fifteen days following the completion of their publication either in the +fficial ,a-ette, or in a newspaper of general circulation in the ?hilippines, unless it is otherwise provided. 4As amended by 8$ #BB7. 1. E.O. 2-2 A$)! !str"t!5e Co$e o& t6e P6!#!77! es Sec& "8& .hen La/s (a0e Effect& 1 *aws shall ta!e effect after fifteen 41-7 days following the completion of their publication in the $fficial >a3ette or in a newspaper of general circulation, unless it is otherwise provided. Sec& "#& 2rospectivity& 1 *aws shall have prospective effect unless the contrary is e&pressly provided. Sec& 2%& nterpretation of La/s and Administrative ssuances& 1 .n the interpretation of a law or administrative issuance promulgated in all the official languages, the 8nglish te&t shall control, unless otherwise specifically provided. .n case of ambiguity, omission or mista!e, the other te&ts may be consulted. Sec& 2"& 3o mplied 'evival of 'epealed La/&1 <hen a law which e&pressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless e&pressly so provided. Sec& 22& 'evival of La/ mpliedly 'epealed& 1 <hen a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise. Sec& 23& 4norance of the La/& 1 .gnorance of the law e&cuses no one from compliance therewith. <ill not apply unless the people are informed through the re2uired publication
Article ! Section "& (o person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the e2ual protection of the laws. ;. .ndividuals similarly situated must be treated e2ually under the; law. 82uality among e2uals ?,$@.0.).$( S8,:.)H18 A>A.(S) .(:$*H()A,A
A'( CLE ! Section "8)2*& (o involuntary servitude in any form shall e&ist e&cept as a punishment for a crime whereof the party shall have been duly convicted. . 1H8 ?,$+8SS +*AHS8
SOURCES OF LABOR LAWS ?,.MA,A +onstitution Statutes 4?1 #, (++, ,?+7 Fudicial decisions
RULE ON THE IMPLEMENTATION AND INTERPRETAION OF LABOR LAWS 1. ART. 4. Construction in favor of labor. - All doubts in the implementation and interpretation of the provisions of this +ode, including its implementing rules and regulations, shall be resolved in favor of labor. ,easons/ 8mployer stands in a higher footing than the employees and the State affirms labor as the primary social economic force. )he policy is to apply the code to a greater number of employees to enable them to avail of the benefits under the law, in line with the StateCs desire to give ma&imum aid and protection to labor. .t is not always correct to thin! that the aim of the law is always to favor labor. )he mandate under Art is simply to resolve doubt, if any, in favor of labor. .f there is no
AHD.*.A,A 1ecision of foreign courts )e&tboo!sEreviewers in labor law $pinions of 1$*8 .,, issued by 1$*8
EFFECTI4IT( OF LABOR LAWS, RULES AND RE3ULATIONS 1. ART. 5. Rules and regulations. - )he 1epartment of *abor and other government agencies charged with the administration and enforcement of this +ode or any of its parts shall promulgate the necessary implementing rules and regulations. Such
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 3 of 75
RELATIONS BETWEEN CAPITAL AND LABOR 2. Art. 1700. )he relations between capital and labor are not merely contractual. )hey are so impressed with public interest that labor contracts must yield to the common good. )herefore, such contracts are subject to the special laws on labor unions, collective bargaining, stri!es and loc!outs, closed shop, wages, wor!ing conditions, hours of labor and similar subjects. *abor disputes also affect the state and the public at large if employees are engaged in stri!e or other concerted activities.
PRINCIPLE OF NON0OPPRESSION 3. Art. 1701. (either capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public. (ot to re2uire employee to wor! against his will nor to compel the employer to hire the employee against the formerCs will.
%)he state shall afford full protection to labor, local and overseas, organi3ed and unorgani3ed, and promote full employment and e2uality of employment opportunities for all.' SPECIFIC RI3HTS OF WOR:ERS IN RELATION TO LABOR STANDARDS ; LABOR RELATIONS .( ,8*A).$( )$ *A0$, S)A(1A,1S 1. #. ;. @umane conditions of wor!.4 A,) D..., Sec ; par #7 *iving wage.4 A,) D..., Sec ; par #7 Fust share in the fruits of production. .4 A,) D..., Sec ; par 7
4. Art. 1702. .n case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. LABOR AND 8CHATTEL9 %labor is not a chattel nor a commodity, but human, and must be dealt with from the standpoint of human interest.'4asufrim vs. smc7
.( ,8*A).$( )$ *A0$, ,8*A).$(S 4A,) D..., Sec ; par #7 1. #. ;. . -. Self9organi3ation +ollective bargaining and negotiations ?eaceful concerted activities including the right to stri!e in accordance with law. Security of tenure ?articipate in policy and decision ma!ing processes affecting their rights and benefits as maybe provided by law.
TRIPARTISM IN DECISION AND POLIC( MA:IN3 BODIES OF THE 3O4ERNMENT ART. 275. Tri artis! and tri artite conferences. - 4a7 )ripartism in labor relations is hereby declared a State policy. )owards this end, wor!ers and employers shall, as far as practicable, be represented in decision and policy9ma!ing bodies of the government. 4b7 )he Secretary of *abor and 8mployment or his duly authori3ed representatives may, from time to
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 4 of 75
)he minimum re2uirements prescribed by e&isting laws, rules and regulations and other issuances relating to wages, hours of wor!, cost of living allowances and other monetary and welfare benefits, including those set by occupational safety and health ha3ards. 4Section 7, ,ule ., ,ules on the 1isposition of *abor Standards +ases 5 September 1", 19677
+ustomary mode of employerCs conduct, usually nonverbal fi&ing employment benefits over a period of time through repetitive employer behavior. 8&. :acation with pay, birthday leave . Administrative $rder of 1$*8 Also prescribes the terms and conditions of employment. 8&. +ompressed wor!wee! +ompulsory or :oluntary Arbitration the award given to the party, it is another source of a *abor Standard
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AS?8+)S $= *A0$, S)A(1A,1S 1. M8*.$,A).:8 *A0$, S)A(1A,1S .ntended to e&pand the flow of income or benefits to wor!ingman that are re2uired for a decent living. 8&. $vertime pay, premium pay, nightshift differential pay ?,$)8+).:8 *A0$, S)A(1A,1S .ntended to protect harsh and oppressive conditions of wor! that inimical to health, safety and well9being of the wor!ers. 8&. ?rescribed hours of wor!
". +ollective 0argaining Agreement or +0A can also be a source of *S because it provides terms and conditions of employment prescribed by law. 7. Statutes
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,8AS$(/ ?rinciple of (on9diminution of benefits. CONSCEPT OF EMPLO(ER < EMPLO(EE= NATURAL AND >URIDICAL PERSON IN LABOR STANDARDS Art -/*. %8mployer' includes any person directly or indirectly in the interest of an employer in relation to an employee and shall include the >overnment and all its branches, subdivision and instrumentalities, all government9 owned or controlled corporations and institutions, as well as non9profit private institutions, or organi3ations.4e&panded definition7 Art -/c. %8mployee' includes any individual employed by an employer. IN LABOR RELATIONS Art 2.2e. %8mployer' includes any person acting in the interest of an employer, directly or indirectly. )he term shall not include any labor organi3ation or any of its officers or agents e&cept when acting as employer. Art 2.2&. %8mployee' includes any person in the employ of the employer. )he term shall not be limited to the employees of a particular employer, unless this code so e&pressly states. .t shall include any individual whose wor! has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially e2uivalent and regular employment. 4e&panded definition7 COMMENTS? 8M?*$A8, may be 3A(7'AL +' 87' 9 CAL, a single proprietorship, a partnership or a corporation.
+$(S8IH8(+8S $= M8*.$,A).:8 A(1 ?,$)8+).:8 *A0$, S)A(1A,1S A. Social 8njoying a better living conditions, humane conditions, high salary, greater 2uality of life 0. ?olitical ,elationship of people and government would be better because people are enjoying healthy living conditions. +. 8conomic More money, more demands because there will be an increase in basic production of commodities. ?H,?$S8 $= *A0$, S)A(1A,1S ,emedial and @umanitarian S$H,+8S $= *A0$, S)A(1A,1S 1. 8mployment +ontract
,eason/ *S are terms and conditions fi&ed by law and the contract is the law between the parties. 8&. 8mployer hires an employee and gives a high salary in effect the former provides the latter a labor standard plus car, allowances and other benefits. #. +ompany ?olicies 1eclarations or statements in written form fi&ing employment benefits usually found in company manual. 8&. ,esignation benefit, retirement benefit other than the one mandated by law. +ompany ?ractice
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)he >overnment is an employer within the meaning of the *abor +ode in *abor Standards.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 5 of 75
So, a government agency with an original charter contracts with a security agency to supply security guards, and this security agency is unable to pay the wages of its guards. Q? .s principal government agency considered jointly and severally liable with the security agencyJ <ill Article 1B"91B9, *+ apply to themJ +an the guards file with the labor complaint with the nearest arbitration branch of the (*,+ and sue both the security and government agencyJ A? A8S, the *abor +ode will govern. )he government agency cannot move for the dismissal of the complaint for lac! of jurisdiction on the part of the *abor Arbiter and say that they are governed by the +ivil Service *aw ,ules and ,egulations. )he government agency contracted the services of an independent contractor, so they are considered principals. )herefore the *+ will govern regarding the monetary claims of the security guards. A motion to dismiss filed by the government agency in the above9cited e&le will not prosper on the ground that the *abor Arbiter has no jurisdiction, because the term %8mployer' includes government agencies. t does not ma0e any :ualifications /hether it is one /ith or /ithout ori4inal charter& 8M?*$A88 An employee is always a 3A(7'AL 2E'S+3 Kmay include =ilipino citi3ens or foreignersL Sari9sari Store 4single
IH8S).$( $= *A<M IH8S).$( $= =A+) %)he e&istence or absence of employer9employee relationship is A IH8S).$( $= *A< A(1 A IH8S).$( $= =A+)S, each in its defined sense. )he character of relationship between the parties is not what they call it in their contract but what the law calls it after e&amination of the facts. )he characteri3ation by law prevails that in the contract. .n this case the e&istence of employer9 employee relationship is not a matter of stipulationM it is a IH8S).$( $= *A<. 0ut the conclusion an employer9employee relationship e&ists depends upon the facts of each case. .n one case an employer9employee relationship may be found to be present, but in another case with different facts, it may be absent. .n this sense, the e&istence of an employer9employee relationship is a IH8S).$( $= =A+).' )*ili++ine ,-.i /ero0 Cor+ vs. NLRC R %%%1"%$ "1&"1&(# +$,8 $, ($(9+$,8 F$0S %1epending on the applicability of the tests of employment, an employer9employee relationship may e&ist regardless of the nature of the activities involved. .n other words, the !ind of wor! is not the definitive test of whether the wor!er is an employee or not' Sevilla vs. CA R 22%!'34$ "2&%1&!! ).)*8 AS <8AN .(1.+A)$,S %)he fact that one had been designated %branch manager' does not ma!e such person an employee. )itles are wea! indicators' En5y5lo+e6ia Britani5a vs. NLRC R !7"(!$ %%&"2&(# %<here a person who wor!s for another does so more or less at his own pleasure and is not subject to definite hours or conditions of wor! and in turn is compensated according to the result of his efforts and not the amount thereof, we should not find that the relationship of employer9employee e&ists.' Dy 8e* Beng vs. ILM9) R %""##1$ "'&%4&(1 M8,8 8D.S)8(+8, ($) A+)HA* 8D8,+.S8 %0ut it should be borne in mind that the control test calls M8,8*A =$, )@8 8D.S)8(+8 of the right to control the manner of doing the wor!, ($) )@8 A+)HA* 8D8,+.S8 of the right.' Ins-lar Ass-ran5e Co. vs. NLRC R %%((4"$ "4&%'&(! %8&clusivity of service to the company, control of assignments and removal of agents, collection of premiums, furnishing of
<ho is considered the employerJ <ilbert 1umon will be the employer, because the sari9sari store does not have a separate juridical personality. So, if 1umon is made a defendant in a labor case, the caption will be 9 %8mployee vs. <ilbert 1umon, doing business under the name and style of 1umon Sari9 sari Store.' EMPLO(ER0EMPLO(EE RELATIONSHIP it is in personam, involves the rendition of personal service by the employee, and parta!es of master and servant relationship.
FOUR0FOLD TEST 1. )he selection and engagement of the employee. #. )he payment of wages or salaries for services. ;. )he power of dismissal or to impose disciplinary actions. . )he employerCs power to control the employee with respect to the means and methods by which the wor! is to be accomplished. )his is also !nown as the %C+3('+L (ES(;& Tabas vs. California Mfg Co. R !"#!"$ "%&'#&!(
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 6 of 75
,egular courts
ECONOMIC REALIT( TEST ,ran5is5o v. NLRC .R. No. %7""!7? A-g-st 4%$ '""# )<$9).8,81 A??,$A+@
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 7 of 75
)here is only one party in a principal9agent relationship, the agent is merely an e&tension of the principal. )hey are regarded as one. So if there is a contractor relationship, it is not between ; parties but is between the principal or the agent as an e&tension of the principal and the other party.
Note? )o ma!e a distinction between a principal9agent relationship and that of an employer9employee relationship, the four9fold test will not be used because the 17 agent is selected by the principal #7 compensated by the principal ;7 and most oftentimes, the principal also substitutes his own judgment for that of the agent. PRINCIPAL0CONTRACTOR CFREE ARTISAND RELATIONSHIP principal selects the contractor contractor is compensated for services rendered. )he contractor is ot under the discipline of the principal. the contractor is ot under the control of the principal. )he definition says that aside from engaging in a business separately distinct from the principal, to perform job, wor! or service, according to his own means and methods, free from control and direction of the principal e&cept as to the results thereof. Krelate above with four9fold testL this relationship e&ists also in situations under art 1B"9 1B9 *+. Article 171;, +ivil +ode/ 0y contract for a piece of wor! the contractor binds himself to e&ecute a piece of wor! for the employer, in consideration of a certain price or compensation. )he contractor may either employ only his labor or s!ill, or also furnish the material.
CHIEF CHARACTERISTICS OF EMPLO(EE 1. 8conomic 1ependence on the person hiring the services. 8mployee cannot bargain the terms and conditions of employment. Medical doctors, lawyers, dentists, engineers in the e&ercise of their profession offer special services, the person engaging their services cannot e&ercise control over the means and methods of accomplishing the wor! e&cept the results thereof. )hey are considered as independent contractors not needing protection from the *abor +ode. 1. Subordination in his wor! relationship 8mployer e&ercises control not only the means and methods but also the results thereof.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 8 of 75
)T@T V. NLRC '7' s5ra 1(# %.t assaults good morals and public policy, tending to deprive a woman of freedom to choose her status, a privilege that by all accounts inheres in the individual as an intangible and inalienable right % ?A* 2. A e)7#o+er !s 7ro6!*!te$ &ro) e)7#o+! ' " + 7erso *e#o% .A +e"rs o#$ ! " @ $ert"H! ' %6!c6 !s 6"I"r$o@s or $e#eter!o@s ! "t@re.
ART. .1-. #ini!u! e! lo$able age& 9 4a7 (o child below fifteen 41-7 years of age shall be employed, e&cept when he wor!s directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.4amended by 'A $6"%! /hich /as also amnded by 'A $658 and 'A #23"! implemented by 9+ 651 %>* 4b7 Any person between fifteen 41-7 and eighteen 4167 years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of *abor and 8mployment in appropriate regulations. 4c7 )he foregoing provisions shall in no case allow the employment of a person below eighteen 4167 years of age in an underta!ing which is ha3ardous or deleterious in nature as determined by the Secretary of *abor and 8mployment. DO NO. ,40-@AOA,1$HS <$,N A(1 A+).:.).8S =$, ?8,S$(S 08*$< 16 A8A,S $*1 1. <or! which e&poses children to physical, psychological or se&ual abuse. lewd shows cabarets bars 4!tv, !arao!e bars7 dance halls bath houses and massage clinics escort service gambling halls and places
EXERCISE OF RI3HT OR PRERO3ATI4E ABSOLUTEE (o, it is a mere prerogative subject to limitations provided by e2uitable principles of law
LE3AL LIMITATIONSFPROHIBITIONS PRIOR TO HIRIN3 A. UNDER THE LABOR CODE .. A e)7#o+er !s 7ro6!*!te$ &ro) reG@!r! ' "s " co $!t!o o& e)7#o+)e t t6"t " %o)" e)7#o+ee s6"## ot 'et )"rr!e$. Art .1B. "ti ulation against !arriage& 9 .t shall be unlawful for an employer to re2uire as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate e&pressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss,
#. <or! underground, underwater, at dangerous heights or at unguarded heights # meters and above, or in confined places. Mining 1eep sea fishingEdiving .nstalling and repairing of telephone, telegraph and electrical linesM cable fitters ?ainting buildings <indow cleaning =ruit pic!ing involving climbing
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 9 of 75
-. <or! under particularly difficult conditions such as wor! for long hours or during the night, or wor! where the child is unreasonably confined to the premises of the employer. 1. A e)7#o+er !s 7ro6!*!te$ &ro) e)7#o+! ' c6!#$re *e#o% .2 +e"rs o#$, eJce7t?
%17 <hen a child wor!s directly under the sole responsibility of hisEher parents or legal guardian and where only members of hisEher family are employed/ ?rovided, however, )hat hisEher employment neither endangers hisEher life, safety, health, and morals, nor impairs hisEher normal development/ ?rovided, further, )hat the parent or legal guardian shall provide the said child with the prescribed primary andEor secondary educationM or
RA 7#%" as a:en6e6 S+e5ial )rote5tion Against C*il6 Ab-se$ E0+loitation an6 Dis5ri:ination A5t A a:en6e6 Art %4( LCB Sec& ">& 2rohibition on the Employment of Children in Certain Advertisements. 5 (o child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 10 of 75
ART. 24A. %nfair labor ractices of e! lo$ers & 9 .t shall be unlawful for an employer to commit any of the following unfair labor practice/ 4b7 )o re2uire as a condition of employment that a person or an employee shall not join a labor organi3ation or shall withdraw from one to which he belongs. FULL TEXT OF THE SPECIAL LAWS AMENDIN3 ART .1- LC INCLUDIN3 D, B20,4 RE)9BLIC ACT NO. 7#%" S+e5ial )rote5tion Against C*il6 Ab-se$ E0+loitation an6 Dis5ri:ination A5t Sec. 1#. Employment of Children& 5 +hildren below fifteen 41-7 years of age may be employed e&cept/ 417 <hen a child wor!s directly under the sole responsibility of his parents or legal guardian and where only members of the employerCs family are employed/ 2rovided! ho/ever! )hat his employment neither endangers his life, safety and health and morals, nor impairs his normal development/ 2rovided! further! )hat the parent or legal guardian shall provide the said minor child with the prescribed primary andEor secondary educationM or 4#7 <hen a childCs employment or participation in public Q entertainment or information through cinema, theater, radio or television is essential/ 2rovided, )he employment contract concluded by the childCs parent or guardian, with the e&press agreement of the child concerned, if possible, and the approval of the 1epartment of *abor and 8mployment/ 2rovided! )hat the following re2uirements in all instances are strictly complied with/ 4a7 )he employer shall ensure the protection, health, safety and morals of the childM 4b7 the employer shall institute measures to prevent the childCs e&ploitation or discrimination ta!ing into account the system and level of remuneration, and the duration and arrangement of wor!ing timeM and P )he employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and s!ill ac2uisition of the child.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 11 of 75
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 12 of 75
4b7 )he use, procuring, offering or e&posing of a child for prostitution, for the production of pornography or for pornographic performancesM 4c7 )he use, procuring or offering of a child for illegal or illicit activities, including the production or traffic!ing of dangerous drugs or volatile substances prohibited under e&isting lawsM or 4d7 <or! which, by its nature or the circumstances in which it is carried out, is ha3ardous or li!ely to be harmful to the health, safety or morals of children, such that it/ i. 1ebases, degrades or demeans the intrinsic worth and dignity of a child as a human beingM or ii. 8&poses the child to physical, emotional or se&ual abuse, or is found to be highly stressful psychologically or may prejudice moralsM or iii. .s performed underground, underwater or at dangerous heightsM or iv. .nvolves the use of dangerous machinery, e2uipment and tools such as power9driven or e&plosive power9actuated toolsM or v. 8&poses the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which re2uires the manual transport of heavy loadsM or vi. .s performed in an unhealthy environment e&posing the child to ha3ardous wor!ing conditions, elements, substances, co9agents or processes involving ioni3ing, radiation, fire, flammable substances, no&ious components and the li!e, or to e&treme temperatures, noise levels or vibrationsM or 1A8S). vii. .s performed under particularly difficult conditionsM or viii. 8&poses the child to biological agents such as bacteria, fungi, viruses, proto3oa, nematodes and other parasitesM or i&. .nvolves the manufacture or handling of e&plosives and other pyrotechnic products. S8+).$( ". ?rohibition on the 8mployment of +hildren in +ertain Advertisements. R (o child below 16 years of age shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, into&icating drin!s, tobacco and its by9products, gambling or any form of violence or pornography. +@A?)8, ; 8&ceptions to the ?rohibition S8+).$( 7. 8&ceptions and +onditions. R )he following shall be the only e&ceptions to the prohibition on the employment of a child below 1- years of age/ 4a7 <hen the child wor!s under the sole responsibility of hisEher parents or guardian, provided that only members of the childTs family are employed. 4b7 <hen the childTs employment or participation in public entertainment or information is essential, regardless of the e&tent of the childTs role. Such employment shall be strictly under the following conditions/ i. )he total number of hours wor!ed shall be in accordance with Section 1- of these ,ulesM
%h7 8&poses the child to biological agents such as bacteria, fungi, viruses, proto3oans, nematodes and other parasitesM or %i7 .nvolves the manufacture or handling e&plosives and other pyrotechnic products.' of
Section -. Section 1 of the same Act is hereby amended to read as follows/ 8Sec. .4. Pro6!*!t!o o t6e E)7#o+)e t o& C6!#$re ! Cert"! A$5ert!se)e ts . 5 (o child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, into&icating drin!s, tobacco and its byproducts, gambling or any form of violence or pornography.' De+art:ent Or6er No. #13"2 series of '""2 AR-les an6 reg-lations i:+le:enting re+-bli5 a5t no. ('4% a:en6ing r.a. 7#%"$ as a:en6e6B +@.*1 *A0$, ,efers to any wor! or economic activity performed by a child that subjects himEher to any form of e&ploitation or is harmful to hisEher health and safety or physical, mental or psychosocial development. +@A?)8, # ?rohibition on the 8mployment of +hildren S8+).$( . >eneral ?rohibition. R 8&cept as otherwise provided in these ,ules, no child below 1years of age shall be employed, permitted or suffered to wor!, in any public or private establishment.S8+).$( -. ?rohibition on the 8mployment of +hildren in <orst =orms of +hild *abor. R (o child shall be engaged in the worst forms of child labor. )he phrase Sworst forms of child laborS shall refer to any of the following/ 4a7 All forms of slavery, as defined under the SAnti9traffic!ing in ?ersons Act of #BB;S, or practices similar to slavery such as sale and traffic!ing of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 13 of 75
4f7 <hen the employer is the parent, guardian, or a family member other than the parent of the child, heEshe shall present any valid document such as latest passport, latest postalEcompany identification card, and driverTs license establishing hisEher identity. A legal guardian is re2uired to present a duly authenticated proof of legal guardianship while a family member shall present any proof of relationship to the childM 4g7 <hen the employer is in public entertainment or information, heEshe shall submit a certified true copy of the employerTs business permit or certificate of registration and a written employment contract to be concluded between the employer and the childTs parents or guardian and approved by the 1epartment. An e&press agreement of the child to the provisions of the contract is needed when such child is between seven and below 1- years of age. S8+).$( 1B. Application =ee. R )he employer shall pay an application fee of $ne @undred ?hilippine ?esos 4?1BB.BB7 to cover administrative costs. )his amount may be reviewed and adjusted by the Secretary of *abor and 8mployment from time to time subject to applicable regulations. S8+).$( 11. Action on the Application. R <ithin three wor!ing days from the employerTs compliance with Sections 651B, the ,egional $ffice shall re2uire the appearance of the childTs parent, guardian, or employer, or the child himself or herself as may be appropriate, to validate the information indicated in the application and to educate such parent, guardian, or employer, on child labor laws and regulations. )he ,egional $ffice, through the ,egional 1irector, shall issue the wor! permit within three days from compliance with all the foregoing re2uirements. (on9compliance with the re2uirements shall automatically result in the denial of the application. .n such instances, the application shall be deemed not filed and the ,egional $ffice shall immediately return it to the applicant, indicating the re2uirements that were not complied with. S8+).$( 1#. :alidity of <or! ?ermit. R )he wor! permit shall state the period of its validity based on the employment contract or the application for wor! permit, as the case may be. @owever, the period of validity shall in no case e&ceed one year. S8+).$( 1;. 8mployment of Spot 8&tras. R .n public entertainment or information, the re2uirements for the issuance of wor! permit stated in Sections 651# shall not be applicable to the employment of spot e&tras or those being cast outright on the day of the filming or taping. .nstead, the
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 14 of 75
REPUBLIC ACT NO. /2// LM"' " C"rt" &or D!s"*#e$ Perso sM Q@"#!&!e$ I $!5!$@"# %!t6 " D!s"*!#!t+ shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires Sec. 12. D!scr!)! "t!o o E)7#o+)e t. R (o entity, whether public or private, shall discriminate against a 2ualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. )he following constitute acts of discrimination/ 4a7 *imiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his wor! opportunitiesM 4b7 Hsing 2ualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person unless such standards, tests or other selection criteria are shown to be job9related for the position in 2uestion and are consistent with business necessityM 4c7 Htili3ing standards, criteria, or methods of administration that/ 417 have the effect of discrimination on the basis of disabilityM or 4#7 perpetuate the discrimination of others who are subject to common administrative control. 4d7 ?roviding less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a 2ualified disabled employee, by reason of his disability, than the amount to which a non9disabled person performing the same wor! is entitledM 4e7 =avoring a non9disabled employee over a 2ualified disabled employee with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latterTs disabilityM 4f7 ,e9assigning or transferring a disabled employee to a job or position he cannot perform by reason of his disabilityM 4g7 1ismissing or terminating the services of a disabled employee by reason of his disability unless the employer can
REPUBLIC ACT NO. /A// LA t!0SeJ@"# H"r"ss)e t Act o& .--2M S8+).$( ;. .or0! Education or (rainin4 1'elated! Se?ual @arassment 9efined& 9 <or!, education or training9related se&ual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a wor! or training or education environment, demands, re2uests or otherwise re2uires any se&ual favor from the other, regardless of whether the demand, re2uest or re2uirement for submission is accepted by the object of said Act. C"D I " %orH0re#"te$ or e)7#o+)e t e 5!ro )e t, seJ@"# 6"r"ss)e t !s co))!tte$ %6e ? 417 )he se&ual favor is made , or in granting said individual favorable compensation, terms of conditions, promotions, or privilegesM or the refusal to grant the se&ual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employeeM /. A e)7#o+er !s 7ro6!*!te$ &ro) $!scr!)! "t! ' ! " + &or) &ro) 7re0 e)7#o+)e t to 7ost e)7#o+)e t, ! c#@$! ' 6!r! ' *"se$ o t6e "ct@"#, 7erce!5e$ or s@s7ecte$ HI4 st"t@s o& " ! $!5!$@"#. Co tro# Act o&
REPUBLIC ACT NO. A2,4 LP6!#!77! e A!$s " $ Pre5e t!o .--AM
A,).+*8 :.. 1.S+,.M.(A)$,A A+)S A(1 ?$*.+.8S SECTION 12. )iscri!ination in t'e *or+ lace& R 1iscrimination in any form from pre9employment
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 15 of 75
Art. ./,1. (o contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid. RE4ISED PENAL CODE Art 2/2. S#"5er+.9 )he penalty of prision mayor and a fine of not e&ceeding 1B,BBB pesos shall be imposed upon anyone who shall purchase, sell, !idnap, or detain a human being for the purpose of enslaving him. .f the crime be committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its ma&imum. Art 2/1. EJ7#o!t"t!o o& c6!#$ #"*or.0 the penalty of prision correccional in its minimum and medium periods and a fine not e&ceeding -BB pesos shall be imposed upon anyone, who under the prete&t of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latterCs will, retain him in his service. Art 2/4. Ser5!ces re $ere$ @ $er co)7@#s!o ! 7"+)e t o& $e*t.0 )he penalty of arresto mayor in its ma&imum period to prision correccional in its minimum period shall be imposed upon any person, who, in order to re2uire or enforce the paymebt of a debt, shall compel the debtor to wor! for him, against his will, as household servant or farm laborer. Art 2/A. EJ7#o!t"!o o& )! ors.0 the penalty of prision correccional in its minimum and medium periods and a fine not e&ceeding -BB pesos shall be imposed upon/ 1. #. Any person who shall cause any boy or girl under 1" years of age to perform any dangerous feat of balancing, physical strength or contortion. Any person, who, being an acrobat, gymnast, ropewal!er, diver, wild animal tamer, or circus manager or engaged in a similar calling , shall employ in e&hibitions of this !inds, children under 1" years of age who are not his children or descendants. Any person engaged in any of the callings enumerated in the ne&t preceding paragraph who shall employ any descendant of his under 1# years of age in such dangerous e&hibitions. Any ascendant, guardian, teacher, or person entrusted in any capacity with the care of a child under 1" years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in paragraph # hereof, or to any habitual vagrant or beggar.
REPUBLIC ACT NO. A/-. L3e er"# B" H! ' L"%s o& 2,,,M Sec 22.4. +onsistent with the provisions of ,epublic Act (o. 1 B-, otherwise !nown as the Aan0s Secrecy La/, no ban! shall employ casual or non regular personnel on too lengthy probationary personnel in the conduct of its business involving ban! deposits. RA -2,A LA t!0tr"&&!cH! ' o& Perso s Act o& 2,,1M 4d7 Force$ L"*or and Slavery 9 refer to the e&traction of wor! or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt9bondage or deception. Sec. . Acts of )raffic!ing in ?ersons. 9 .t shall be unlawful for any person, natural or juridical, to commit any of the following acts/ 4a7 )o recruit, transport, transferM harbor, provide, or receive a person by any means, including those done under the prete&t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, se&ual e&ploitation, &orce$ #"*or, slavery, involuntary servitude or debt bondageM 4b7 )o introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under ,epublic Act (o. "9--, any =ilipino woman to a foreign national, for marriage for the purpose of ac2uiring, buying, offering, selling or trading himEher to engage in prostitution, pornography, se&ual e&ploitation, &orce$ #"*or, slavery, involuntary servitude or debt bondageM IN4OLUNTAR( SER4ITUDE
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.f the delivery shall have been made in consideration of ant price, compensation or promise, the penalty shall in every case be imposed in its ma&imum period. .n either case, the guardian or curator convicted shall also be removed from office as guardian or curator, and in the case of the parents of the child, they may be deprived temporarily or perpetually, in the discretion of the court, of their parental authority.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 16 of 75
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Any person who shall induce any child under 1" years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged, in any of the callings mentioned in paragraph # hereof, or to accompany any habitual vagrant or beggar.
DO No. 4, Ser!es o& .--- LH"I"r$o@s WorH " $ Act!5!t!es &or Perso s Be#o% .A +e"rs o& "'eM See full te&t under topic on prohibitions prior to hiring.
DOLE Me)o C!r. No. 2 ser!es o& .--A LTec6 !c"# 3@!$e#! es &or C#"ss!&+! ' H"I"r$o@s " $ No 0 H"I"r$o@s Est"*#!s6)e ts, WorH7#"ces " $ WorH ProcessesM, see p. -6- =$O DO NO. B20,4, SERIES OF 2,,4 See full te&t under topic on prohibitions prior to hiring.
HIRIN3 OF EMPLO(EES RA /-2,, sec 11C*D, ART I4 LNe% E#ectr!c"# E '! eer! ' L"%M RA A4-2, Sec 14CCD, ART I4 LP6!#!77! e Mec6" !c"# E '! eer! ' Act o& .--AM
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 17 of 75
MabeGa vs. NLRC R %%!1"# "2&%!&(7 %,8IH.S.)8S =$, =A+.*.).8S )$ 08 +$(S.18,81 AS A( .()8>,A* ?A,) $= A( 8M?*$A88CS <A>8 4deductibility7 1. Must be customarily furnished by the employer to the employeeM #. Must be charged at fair and reasonable valueM and ;. )he provision on deductible facilities must be voluntarily accepted by the employee in writing. More significantly, the food and lodging, or the electricity and water consumed by the petitioner were not facilities but supplements& A benefit or privilege granted to an employee for the convenience of the employer is not facility . )he criterion in ma!ing a distinction between the two not so much lies in the 0ind )food! lod4in4* but the purpose . +onsidering therefore that hotel wor!ers are re2uired to wor! different shifts and are e&pected to be available at various odd hours, their ready availability is a necessary matter in the operations of a small hotel, such as the private respondentCs hotel.' .f the re2uisites are all present, that facilities may ta!e the place of the cash payment of the employeeCs wage. )his is one e&ception of the re2uirement that an employeeCs wage shall be paid in legal tender, you cannot pay it in !ind. Art 97f provides that %wage' includes the fair and reasonable value, as determined by the Secretary of *abor, of board, lodging, or other facilities customarily furnished by the employer to the employee.
)his means that an employer may provide, for instance, food and housing to his employees but he may deduct their values from the employeesC wages. S)8?S )$ 18)8,M.(8 .= A =A+.*.)A $, ($)/ ascertain the purpose for whose benefitJ 8mployer or employeeJ .f for employee, is it deductible or notJ4apply the ; re2uisites for deductibility 7
FACILITIES ;SUPPLEMENT= EMPLO(EE BENEFITS FACILITIES= $e&! e$ BooF III$ R-le 7$ Se5. 1 %=A+.*.).8S' shall include articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or service primarily for the benefit of the employer or necessary to the conduct of the employerCs business. AtoF3Big We6ge Assn v. AtoF3Big We6ge Co. (7 +*il '(2 %=A+.*.).8S are items of e&pense necessary for the laborerCs and his familyCs e&istence and subsistence so that by e&press provision of law, they form part of the wage and when furnished by the employer are deductible therefrom, since if they are not so furnished the laborer would spend and pay for them just the same.'
SUPPLEMENTS= $e&! e$ AtoF3Big We6ge Assn v. AtoF3Big We6ge Co. (7 +*il '(2 %SH??*8M8()S constitute e&tra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnin4s or /a4es.' =A+.*.).8S :S. SH??*8M8()S =acilities are wage9deductible, supplements are not. )he classification of an item of e&pense as a facility or a supplement will depend on the 7@r7ose and not on the !ind. So if it is principally or mainly for the benefit of the employee, classify as facilities, and the fair and reasonable value of that can be considered as deductible from the employeeCs wage.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 18 of 75
EMPLO(EE BENEFITS WOR:ERNS LIEN Art ./,/ CC? )he laborerCs wages shall be a lien on the goods manufactured or the wor! done. Re"so ? 0y virtue of this new lien, the laborers who are not paid by an unscrupulous and irresponsible industrialist or manager may by legal means have the goods manufactured thru the sweat of their brow sold, and out of the proceeds get their salary, returning the e&cess, if any K,eport +ode +ommission, p.1 L 3oo$s M" @&"ct@re$ or t6e %orH $o e ,efers to personal property, not real property. And even here, the lien is allowed the laborer only if he was directly employed or engaged by the owner. )he rule does not apply if contractor, with men under him, had underta!en the job. EXEMPTION FROM EXECUTION OR ATTACHMENT Art ./,A CC? )he laborerCs wages shall not be subject to e&ecution or attachment, e&cept for debts incurred for food, shelter, clothing and medical attendance. 3R? <ages are not subject to e&ecution. EJce7t!o ? 1ebts incurred for support such as food, shelter, clothing, medical attendance. )he rule applies even when the wages are still in the possession of the employer whose properties may have been attached.
WA3E= $e&! e$ Art -/C&D <A>8 paid to employee shall mean the remuneration or earnings, however designated, capable of being e&pressed in terms of money, whether fi&ed or ascertained on a t!)e, t"sH, 7!ece, or co))!ss!o *"s!s, or ot6er )et6o$ o& c"#c@#"t! ' t6e s") e, which is payable by an employer to an employee under a written or unwritten contract of employment for wor! done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of *abor, of board, lodging, or other facilities customarily furnished by the employer to the employee. A. TIME SPENT $nce the agreed period of wor! is completed, the compensation is earned and becomes due regardless of result. )he standard forms of compensation based on time spent are salaries or wages by the day, wee!, or monthly.
.. DAIL(0PAID EMPLO(EES )hose employees who are paid on the days actually wor!ed e&cept unwor!ed regular holidays when they are paid their basic wage if they are present or a leave with pay on the wor!ing day preceding the regular holiday. %(o wor! no pay' Advantage/ =le&ibility in the reduction of wor! force fro any given period according to circumstances such as slac! in demand, non9availability of materials, etc.
S"#"r!es $@e to 'o5er )e t e)7#o+ees c" ot *e '"r !s6e$ *e&ore t6e+ "re 7"!$ to t6e e)7#o+ees co cer e$ *ec"@se? 1. )he incentive for wor! would be lost #. >enerally, the state cannot be suedM and ;. =inallly, technically, before disbursements, the money still belongs to the government. Art ./,- CC? )he employer shall neither sei3e nor retain any tool or other articles belonging to the laborer. (o sei3ure or retention by the employer
,8M81A =$, 1$<(S.O.(> +ompressed wor!wee! ,educe wor!ing days )emporary suspension of operations of not more than " months 4no wor! no pay7
METHODS OF FIXIN3 COMPENSATION A. 0. +. 1. )ime Kdaily and monthly paid wor!ersL +ommission Fob or tas! basis ?iece9rate basis Kpayment by resultsL
2. MONTHL(0PAID EMPLO(EES ?aid everyday of the month including unwor!ed rest days, special days and regular holidays. .t is the standard compensation rate for managerial personnel, professionals, administrative employees and other white collar wor!ers, including clerical employees and higher grade s!illed wor!ers.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 19 of 75
B.
Appropriate only on the following conditions/ a. b. C. PIECE WOR:, OR B( THE OUTPUT IN TERMS OF WOR: UNITS a. b. c. <ithout regard to time spent. *abor contributed by each determinable and separable from each other )he value of the labor input for any particular stage is standard.
TA:E NOTE? <or!ers shall be paid the minimum wage even if paid on job or piece rate basis. =.D.(> 8M?*$A88S <A>8 a. b. wage increase resolving wage distortion
RA B/2/ WA3E RATIONALIOATION ACT ,#&-RTANC(. this law which amended the labor code will tell us the different government agencies involved in the fi&ing of wages and also how to resolve wage distortion4procedure in case wage distortion results in fi&ing wage7 ?H,?$S8/ was intended to rationali3e wagesM =.,S), by providing for full9time boards to police wages round9the9cloc!. S8+$(1, by giving the boards enough powers to achieve this objective. POLICIES OF THE STATE 1. )o rationali3e the fi&ing of the minimum wage. L!)7ort" tM
IlaH at B-Flo6 ng ManggagaHa vs. NLRC R (%(!"$ "#&'7&(% %)he policy of the state is promoting collective bargaining as a mode of settling labor dispute.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 20 of 75
Co)7os!t!o
Art 1## *+ 4As amended by ,epublic Act (o. "7#7, Fune 9, 19697.
Note? >uidelines issued by the ,)<?0 without the approval of, or worse, contrary to those promulgated by the (<?+ are ineffectual, void and cannot be the source of rights and privileges. Co)7os!t!o L/M
1. +hairman ,egional 1irector of 1$*8 #. :ice9+hairmen ,egional 1irector of (81A ,egional 1irector of 1). ;. )wo 4#7 members each from wor!ers and employers sectors who shall be appointed by the ?resident of the ?hil, upon the recommendation of the Secretary of 1$*8, to be made on the basis of the list of nominees submitted by the wor!ers and employers sectors, respectively. Secretariat Assisting each 0oard PROHIBITION A3AINST IN>UNCTION Art .2B LC. &ro'ibition Against ,n/unction.0 (o preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceedings before the +ommission or the ,egional 0oards 4As amended by ,epublic Act (o. "7#7, Fune 9, 19697. NWPC 3@!$e#! es No. ,,.0-2
Art 1#1 *+ 4As amended by ,epublic Act (o. "7#7, Fune 9, 19697.
1. 8&9$fficio +hairman Secretary of 1$*8 #. 8&9$fficio :ice9+hairman 1irector9>eneral of (81A ;. )wo 4#7 members each from wor!ers and employers sectors who shall be appointed by the ?resident of the ?hil upon recommendation of the Secretary of 1$*8 to be made on the basis of the list of nominees submitted by the wor!ers and employers sectors, respectively. . )he 8&ecutive 1irector shall also be a member of the +ommission Secretariat Kheaded by 8&ecutive 1irectorL
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 21 of 75
this is adopted and promulgated by (<?+ pursuant to Art 1#1+ *+ 4As amended by ,epublic Act (o. "7#7, Fune 9, 19697 these are rules governing proceedings in the (<?+ and the ,)<?0 in the fi&ing of minimum wage rates. =or full te&t refer to =$O p 7" STATUTOR(
BASIC WA3E means all the remuneration or earnings paid by an employer to a wor!er for services rendered on normal wor!ing days and hours but does not include cost9of9living9allowances, profit sharing payments, premium payments, 1;th month pay or other monetary benefits which are not considered as part of or integrated into the regular salary of the wor!ers on the date the act became effective. 4definition of terms .,, of ,A"7#77 STATUTOR( MINIMUM WA3E is the lowest wage rate fi&ed by law that an employer can pay his wor!ers. 4definition of terms .,, of ,A"7#77 WA3E ORDER refers to the order promulgated by ,)<?0 pursuant to its wage fi&ing authority. PURPOSE OF MINIMUM WA3E 1. )o promote productivity9improvement and gain9 sharing measures to ensure a decent standard of living for the wor!ers and their families. #. )o guarantee the rights of labor to its just share in the fruits of production. ;. )o enhance employment generation in the countryside through industry dispersal and to allow business and industry reasonable returns on investment, e&pansion and growth. . )o affirm, as the +onstitution e&presses it, labor as a primary social economic force. -. )hat wages are distributed evenly, and more importantly, social justice is subserved. AD4ANTA3ES OF MINIMUM WA3E 1. ,educes the evils of the %sweating system'. "*eating "$ste!. the e&ploiting of wor!ers at wages so low as to be insufficient to meet the bare cost of living. #. 0enefits directly the low9paid employees, who now receive inade2uate wages on which to support themselves and their families. ;. 0enefits all wage earners indirectly by setting a floor below which their remuneration cannot fall.
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May lead to unemployment. 2rofessor <in4 declared %it is clear that the effectG to throw out employment to all persons whose 2ualifications are not such that enable them to earn more than the legal minimum. .f wages are forced up to the point higher than what the wor!er is economically worth, the power wor!er may be dismissed and the law is anti9social. .t would pauperi3e the wor!er, destroy their self9respect and ma!e them miserable. 0rings depression and thus impoverish the nation. +onstitutes infringement to the wor!erCs right to labor as he could not dispose of the same under terms and conditions he may see fit. <ill tend to become the ma&imum.
EMPLO(EENS RI3HT TO A LI4IN3 WA3E 4S. RI3HT OF EMPLO(ER TO REASONABLE RETURN OF IN4ESTMENT 0A*A(+.(> $= ,.>@)S <hile labor is entitled to a just share in the fruits of production, the enterprise has an e2ually important right not only to reasonable returns on investment but also to e&pansion and growth. )he +onstitution recogni3es that the private sector plays an indispensable role something the state cannot do without. At the same breath, labor is called the primary social economic force. 0ecause one is %indispensable' and the other is %primary', how can it be said that one is more important, or deserves greater protectiBn than the otherJ 4A3ucena 0oo! . p1;7
POWER TO ISSUE WA3E ORDERS Art .22 LC. (he 'e4ional Aoards shall have the follo/in4 po/ers and functions in their respective jurisdictionC b. )o determine and fi& minimum wage rates applicable in their region, provinces or industries therein and to issue the
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 22 of 75
>* +pposition& Any party may file his opposition to the petition on or before the initial hearing, copy furnished the petitionerEs. )he opposition shall be filed with the appropriate 0oard in ten 41B7 typewritten legible copies which shall contain the following/ 4a7 nameEs and addressEes of the oppositorEs and signatureEs of authori3ed officialEsM 4b7 reasons or grounds for the oppositionM and 4c7 relief sought. 5* Consolidation of 2etitions& .f there is more than one petition filed, the 0oard may, motu propio or on motion of any party, consolidate these for purposes of conducting joint hearings or proceedings to e&pedite resolutions of petitions. ?etitions received after publication of an earlier petition need not go through the publicationEposting re2uirement. 6* Assistance of +ther ,overnment and 2rivate +r4ani-ations& )he 0oard may enlist the assistance and cooperation of any government agency or private person or organi3ation to furnish information in aid of its wage fi&ing function. ?,$?8, ?A,)A *egitimate labor organi3ation or the employer .f employed in an establishment, the employee cannot go to court and file a petition for a wage increase because the employee is not considered a proper party. .t must be an employer or a legitimate labor organi3ation. 0$A,1 May deny, grant or not ta!e an action <age $rder if granted, maybe issued by the 0oard pursuant to its rule9ma!ing power and ta!es effect 1days after publication. Q? ,emedy for the issuance of <age $rder A? Appeal to (<?+ not later than ten 41B7 days from the date of publication of the $rder. Q? >roundsJ A? 4a7 non9conformity with prescribed guidelines andEor proceduresM 4b7 2uestions of lawM 4c7 grave abuse of discretion. Q? 1oes it suspend the effectivity of the <$J A? (o, post a bond e2uivalent to the increase embodied in the wage order if you want it suspended. RE3IONAL TRIPARTITE WA3ES AND PRODUCTI4IT( BOARD LRTWPBM Metro+olitan BanF an6 Tr-st Co:+any$ In5. vs. NW)C an6 RTW)B3 Region II .R. No. %224''$ "'&'#&"7
PROCEDURES IN MINIMUM WA3E FIXIN3 Sect!o 1& 2rocedures in 6inimum .a4e Di?in4&
1a2 #otu &ro rio b$ t'e 3oard <henever conditions in the region, province or industry so warrant, the 0oard may, motu proprio or as directed by the +ommission, initiate action or in2uiry to determine whether a wage order should be issued. )he 0oard shall conduct public hearings in the manner prescribed under this ,ule and ,ule .... )he 0oard may also conduct consultations with concerned sectorsE industries. 1b2 3$ 4irtue of a &etition 5iled "* Dorm and Content of 2etition& Any party may file a verified petition for wage increase with the appropriate 0oard in ten 41B7 typewritten legible copies which shall contain the following/ 4a7 nameEs, and addressEes of petitionerEs and signatureEs of authori3ed officialEsM 4b7 grounds relied upon to justify the increase being soughtM 4c7 amount of increase being soughtM 4d7 area andEor industry covered. 2* Aoard Action& .f the petition conforms with the re2uirements prescribed in the preceding sub9section b.1., the 0oard shall conduct public hearings in the manner prescribed under this ,ule and ,ule ..., to determine whether a wage order should be issued. )he 0oard may also conduct consultations with concerned sectorsEindustries. 3* 2ublication of 3otice of 2etitionE2ublic @earin4& A notice of the petition andEor public hearing shall be published in a newspaper of general circulation in the region andEor posted in public places as determined by the 0oard. )he notice shall include the nameEs and addressEes of the petitionerEs, the subject of the petition and the dateEs, placeEs and time of the hearings. )he publication or posting shall be made at least fifteen 41-7 days before the date of initial hearing and shall be in accordance with the suggested form attached as Anne& SAS.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 23 of 75
Sect!o .& Appeal to the Commission . Any party aggrieved by a <age $rder issued by the 0oard may appeal such $rder to the +ommission by filing a verified appeal with the 0oard in three 4;7 typewritten legible copies,. )he appeal shall be accompanied by a memorandum of appeal which shall state the grounds relied upon and the arguments in support of the appeal. )he 0oard shall serve notice of the appeal to concerned parties. =ailure to file an appeal within the reglementary period fi&ed under this section or to submit the re2uired documents shall be a ground for dismissal of the appeal. Sect!o 2. ,rounds for Appeal. An appeal may be filed on the following grounds/ 4a7 non9conformity with prescribed guidelines andEor proceduresM 4b7 2uestions of lawM 4c7 grave abuse of discretion. Sect!o 1. (ransmittal of 'ecords& .mmediately upon receipt of the appeal, the 0oard Secretariat shall transmit to the +ommission Secretariat the appeal and a copy of the subject <age $rder together with the complete records of the case and all relevant documents. Sect!o 4. 2eriod to Act on Appeal& )he +ommission shall decide on the appeal within si&ty 4"B7 days from the filing of said appeal. Sect!o 2& Effect of Appeal. )he filing of the appeal does not operate to stay the $rder unless the party appealing such $rder shall file with the +ommission an underta!ing with a surety or sureties satisfactory to the +ommission for payment to employees
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 24 of 75
Art -A. A lication of Title. 000 )his title K<agesL shall not apply to farm tenancy or leasehold, domestic service and persons wor!ing in their respective homes in needle wor! or in any cottage industry duly registered in accordance with law. ,elate this to employment of home wor!ers, page ;; =$O. .f a home wor!er performs needle wor! in or at his home, that person is e&empted from employing the minimum wage by operation of law. So employers of these employees are not obliged to comply with the minimum wage. .f you are employing a house helper, you are not covered by the minimum wage by operation of law. )hat means you do not have to file an application for e&emption, and you do not have to comply with the prevailing minimum wage. U $er S7ec!"# L"%
1. EJe)7t!o
B"r" '"+ M!cro B@s! ess E ter7r!ses Act o& 2,,2 LRA -./AM Sect!o 1. 1efinition of )erms
4a7 PB"r" '"+ M!cro B@s! ess E ter7r!se ,S hereinafter referred to as 0M08, refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro9processing, trading and services, whose total assets including those arising from loans but e&clusive of the land on which the particular business entityTs office, plant and e2uipment are situated, shall not be more than )hree M!##!o Pesos CP1,,,,,,,,.,,D )he Above definition shall be subjected to review and upward adjustment by the SM81 +ouncil, as mandated under ,epublic Act (o. "977, as amended by ,epublic Act (o. 6#69. =or the purpose of this Act, FserviceF shall e&clude those rendered by any one, who is duly licensed government after having passed a government licensure e&amination, in connection with the e&ercise of oneTs profession. Sect!o 2. W6o "re E#!'!*#e to Re'!ster 5 Any person, natural or juridical, or cooperative, or
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 25 of 75
,etail or service establishments regularly employing not more than 1B wor!ers may be e&empted from the applicability of this Act upon application with and as determined by the appropriate ,egional 0oard in accordance with the applicable rules and regulations issued by the +ommission. <henever an application for e&emption has been duly filed with the appropriate ,egional 0oard, action on any complaint for alleged non9compliance with this Act shall be deferred pending resolution of the application for e&emption by the appropriate ,egional 0oard. .n the event that the applications for e&emptions are not granted, employees shall receive the appropriate compensation due them as provided for by this Act plus the interest of 1U per month retroactive to the effectivity of this Act 4emphasis supplied7.' WA3E DISTORTION= CONCEPT ; ELEMENTS ART. .24. "tandards7Criteria for !ini!u! *age fi8ing. &&& As used herein, a W"'e D!stort!o shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional 2uantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on s!ills, length of service, or other logical bases of differentiation.&&& 4As amended by ,epublic Act (o. "7#7, Fune 9, 19697. ELEMENTS OF WA3E DISTORTION BanFar6 E:+loyees 9nion J WorFers Allian5e Tra6e 9nions v. NLRC @ BanFar6$ R No. %2"#!($ ,eb. %7$ '""2 %8*8M8()S $= <A>8 1.S)$,).$( 1. An e&isting hierarchy of positions with corresponding salary rates. #. A significant change in the salary rate of a lower pay class without a concomitant increase in the salary rate of a higher one. ;. 8limination of the distinction between the two levels. . 8&istence of the distortion in the same region of the country. 0asic assumption is there e&ists a classification of employees that establishes distinctions among them on some relevant or legitimate bases.' =or salary distortion to e&ist, as defined in Art. 1# , the law does not re2uire that there be an elimination or total abrogation of 2uantitative wage or salary differencesM a severe contraction is enough. )his means, briefly, the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of compliance with a wage order. An employee has reason to complain whose pay level advantage is e2ualed or almost e2ualed or overta!en through a mandated wage increase. =or instance, if a
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 26 of 75
wage order raised a messengerTs daily pay from ?196 to ?##;, almost e2ualing a technicianTs pay of ?##-, the technician may complain of salary distortion because his pay advantage 4due to nature of job7 has been significantly reduced from ?#7 to ?# only. EJ")7#e? .f %A' was receiving a daily salary which was ?1BB higher than that of %0' who is %ACs' subordinate, but, because of a wage order increase given to %0', the ?1BB advantage disappeared or was reduced to say, ?;B, then it may be said that the salary distinction between A and 0 has been distorted. %A' may complain of a salary distortion. 1isparity in pay of two or more employees holding the same position does not necessarily mean salary distortion referred to in Art 1# . )here is no distortion if the employees, whose wages are being compared, are located in different regions. )his is because wage9fi&ing has been regionali3ed by ,A "7#7. @ow to rectify the distortion is not specified in the law. )he +ourt has pointed out that through Art. 1# the law recogni3es the validity of ne4otiated /a4e increases to correct wage distortions. )he legislative intent is to encourage the parties to see! solution to the problem of wage distortions through voluntary negotiation or arbitration, rather than stri!es, loc!outs, or other concerted activities of the employees or management.
)r-banFers Asso5iation vs. )r-6ential BanF an6 Tr-st Co:+any 4"' SCRA 72 %1istortion does not arise when a wage order gives the employees in one branch of a ban! higher compensation than that given to their counterparts in other regions occupying the same pay scale, who are not covered by the said wage order. .n short, the implementation of the wage orders in one region but not in others does not in itself necessarily result in wage distortion.' BanFar6 E:+loyees 9nion J WorFers Allian5e Tra6e 9nions vs. NLRC @ BanFar6 R No. %2"#!($ ,eb. %7$ '""2 )he 0oard of 1irectors of 0an!ard, .nc. approved a %new salary scale' made retroactive for the purpose of ma!ing its hiring rate competitive in the industryCs labor mar!et. )his increased the hiring rate of new employees by ?1BBB for levels . Q : and ?9BB for levels .., ... and .:. ?etitioner pressed for the increase in the salary of its old, regular employees. 0an!ard replied that there was no obligation on the part of the management to grant to all its employees the same increase in and across the board manner. S+ ruled that/ %Since it is clear that there is no hierarchy of positions between the newly hired Q regular employees of 0an!ard, first element is wanting. )he formulation of wage structure through the classification of employees is a matter of management judgment and discretion. .n relation to the ;rd element, the said gap is not significant as to obliterate or result in severe contraction of the
)he +ourt has adopted the following formula as Sjust and e2uitableS to correct a salary distortion/
&
Any issue involving wage distortion is not a valid ground for a stri!e or loc!out. 8ach region has a regional wage board which, in fi&ing the wage level, considers criteria or standards e&isting in the region. Since those criteria vary from one region to another, the pay levels of comparable jobs also tend to vary among regions. 0ut pay disparity of same or comparable jobs in different regions cannot be considered wage distortion. <age distortion, in other words, involves comparison of jobs located in the same region. 8&amination of alleged salary distortion is limited to jobs or positions in the same employer within a region. )herefore, the comparison of salaries has to be intra1re4ion not inter1re4ion re4ion.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 27 of 75
?,$+81H,8 4a7 .nitiated by the filing of a complaint with the (+M0 on the ground of wage distortion. 4b7 =ill up the complaint form provided by the (+M0. 4c7 )he ,egional 1irector of the (+M0 will now issue a ($).+8 $= @8A,.(> directed to the employer inviting him to meet with them at a designated time, date, and place. 4d7 At the (+M0, the complainant 0 and the employer will have to be present. )his proceeding will be supervised by an (+M0 @earing $fficer. )his is entirely different from the first step because the third person 4(+M0 @earing $fficer7 now interferes and as!s the employers, %@ow much can you affordJ' And to the employees, %@ow much increase do you wantJ' .n so doing, in ta!es into consideration the financial capacity of the employer and the need of the wor!ers. 4e7 )he (+M0 will try AM.+A0*8 S8))*8M8(). to settle the dispute through
A. IF OR3ANIOED a7 )he matter should be brought to the grievance 4machinery7 procedure under their +0A. c7 .f no settlement is arrived at, the dispute should be submitted to voluntary arbitration 4voluntary arbitrator or panel of voluntary arbitrators7 (o number of :A specified by law (o prohibition of *abor Arbiter to be :oluntary Arbiter (+M0 has a list of :A 1ecision of :A is final and e&ecutory after 1B days from the receipt of the copy of the decision by the parties, however, no M, is allowed, a ),$ maybe applied with +A or S+ to stay e&ecution of the assailed judgment, and a ?etition for ,eview under ,ule ; may be made to +A for 2uestion of law or facts or both, then to S+ under ,ule -
8&le/ 8mployer wants to pay ?1 increase. 8mployee wants ?- increase. (+M0 will settle for ?; and suggests this solution to both parties. 4f7 Should the employer refuse to accede to the remedy suggested by the (+M0, the (+M0 cannot ma!e negotiations to bind both parties because the main purpose of (+M0 is to conciliate and it will suggest that the parties submit to :$*H()A,A A,0.),A).$(. cD .f no settlement is arrived after 1B calendar days of conciliation, the dispute should be brought to the appropriate branch of the (*,+ for compulsory arbitration, which shall conduct continuous hearings and decide the dispute within #B calendar days from the time said dispute is submitted for compulsory arbitration. Appropriate branch of (*,+ means to *abor Arbiter 4 a complaint has to be filed7, then appealable to (*,+ in 1B calendar days 4no appeal7, remedy is ,ule "- to +A, then ,ule - to S+. union or collective
$,>A(.O81 8S)A0*.S@M8() ,efers to a firm or a company where there is a recogni3ed or certified e&clusive bargaining agreement. <@A) S@$H*1 08 +$()A.(81 .( A +0A 1. #. ;. . terms and conditions of employment wages hours of wor! procedure for resolving grievances
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 28 of 75
E:+loyers Confe6eration of t*e )*ili++ines vs. NW)C '"% SCRA 71( )<$ <AAS $= =.D.(> )@8 M.(.MHM <A>8 1. =*$$,9<A>8 method which involves the fi&ing of a determinate amount to be added to the prevailing statutory minimum wage rates. #. SA*A,A9+8.*.(> method in which the wage adjustment was to be applied to employees receiving a certain denominated salary ceiling. %
)he first method was adopted in the earlier wage orders, while the latter method was used in ,A "" B and ,A "7#7. )he shift from the first method to the second method was brought about by labor disputes arising from wage distortions, a conse2uence of the implementation of the wage orders. )he shift from the first to the second method was due to the fact that the latter minimi3ed wage distortion disputes.
>URISDICTION O4ER WA3E DISTORTION DISPUTES LABOR ARBITRATION ,eference of a labor dispute to a third party for determination on the basis of evidence and arguments presented by such parties, who are bound to accept the decision. Ar*!tr"t!o )"+ *e c#"ss!&!e$ o t6e *"s!s o& o*#!'"t!o o %6!c6 !t !s *"se$, !t )"+ e!t6er *e? .. 4OLUNTAR( ARBITRATION .t is the policy of the State to encourage voluntary arbitration on all labor9management disputes. 0efore or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration. 4.mplementing ,ules, 0oo! :, ,ule D.D, Sec. -.7 1efined as a contractual proceeding whereby the parties to any dispute or controversy in order to obtain a speedy and ine&pensive final disposition of the matter, select a judge of their own choice and by consent, submit their controversy to him for determination. Hnder voluntary arbitration, the SjudgeS is named by the parties, pursuant to a voluntary arbitration clause in their collective agreement. @e is an impartial third person authori3ed by the parties to ma!e a final and binding decision or award.
:$*H()A,A A,0.),A)$, Any person accredited by the 0oard as suchM or Any person named or designated in the +0A by the parties to act as their voluntary arbitratorM or $ne chosen, with or without the assistance of the (+M0, pursuant to selection procedure agreed upon in the +0AM or Any official that may be authori3ed by the Sec of *abor to act as voluntary arbitrator upon the written re2uest and agreement or the parties to a labor dispute.
2. COMPULSOR( ARBITRATION ?rocess of settlement of labor disputes by a government agency Kor by other means provided by the governmentL which has the authority to investigate and to ma!e award which is binding on all the parties. ?arties are compelled to forgo their right to stri!e A disinterested person or party is usually appointed by the state. .t is compulsory because the law declares the dispute subject to arbitration, regardless of the consent of the parties.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 29 of 75
1one by the ,egional Arbitration 0ranch of (*,+ Krefer to Art #17L .t is an adversarial proceeding initiated by a complaint Kusually by a unionL for wage distortion before the *abor Arbiter. )he other party is re2uired to answer. .t is the *abor Arbiter who is clothed with the original and e&clusive authority to conduct compulsory arbitration under Art. #17. ?roceedings after a labor arbiterTs decision is brought up to the (ational *abor ,elations +ommission cannot be considered as part of the arbitration proceedings. )his is because in the appeal stage, the +ommission merely reviews the *abor ArbiterTs decision for errors of fact or law. .t does not duplicate the proceedings held at the *abor ArbiterTs level. )hus, the clause Fpendin4 final resolution of the case by arbitrationF should be understood to be limited only to the proceedings before the *abor Arbiter, so that when the latter rendered his decision, the case could be considered finally resolved by arbitration. KSee 2hilippine Airlines, .nc. vs& 3ational Labor ,elations +ommission, >.,. (o. --1-9, 9ec& 22! 1969.L )he +ommission itself, through any of its divisions, also conducts compulsory arbitration, but only in Snational interest casesS certified or referred to it by the 1$*8 secretary under Art. #";4g7.
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SPECIAL CI4IL ACTION RULE B2 +8,).$,A,., ?,$@.0.).$( A(1 MA(1AMHS S8+).$( 1. &etition for certiorari .R<hen any tribunal, board or officer e&ercising judicial or 2uasi9judicial functions has acted without or in e&cess of its or his jurisdiction, or with grave abuse of discretion amounting to lac! or e&cess of jurisdiction, and there is no appeal, or any plain, speedy, and ade2uate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may re2uire. )he petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 30 of 75
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 31 of 75
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 32 of 75
Aside from the penal provision provided under ,A "7#7, there are provisions in the *abor +ode on the enforcement and recovery of minimum wage provisions. )here are general two provisions for the enforcement and recovery of minimum wage provisions 5 Articles "28 and "2#. ,emember that the minimum wage is fi&ed by a wage order and there is a built9in mechanism in the *abor +ode which provides the so9called enforcement tools for the recovery of wages, particularly the minimum wage provisions. Article 1#6 5 enforcement machinery in aid of the visitorial power of the Secretary of *abor. )his is described as in2uisitorial. <hyJ 0ecause the S$*8 in2uires 5 as! for documents, investigate, etc. Article 1#9 5 machinery of wage recovery via the administrative process initiated by a complaint. )his is described as adversarial. <hyJ 0ecause it re2uires a complaint for its initiation.
>URISDICTION Re'@#"r Co@rts RA /B-. A( A+) 8D?A(1.(> )@8 FH,.S1.+).$( $= )@8 M8),$?$*.)A( ),.A* +$H,)S, MH(.+.?A* ),.A* +$H,)S, A(1 MH(.+.?A* +.,+H.) ),.A* +$H,)S, AM8(1.(> =$, )@8 ?H,?$S8 0A)AS ?AM0A(SA 0*>. 1#9, $)@8,<.S8 N($<( AS )@8 SFH1.+.A,A ,8$,>A(.OA).$( A+) $= 196BS 0e it enacted by the Senate and @ouse of ,epresentatives of the ?hilippines in +ongress assembled/ S8+).$( 1. Section 19 of 0atas ?ambansa 0lg. 1#9, otherwise !nown as the SFudiciary ,eorgani3ation Act of 196B,S is hereby amended to read as follows/ SS8+. 19. Furisdiction in civil cases. 9 ,egional )rial +ourts shall e&ercise e&clusive original jurisdiction/ S417 .n all civil actions in which the subject of the litigation is incapable of pecuniary estimationM S4#7 .n all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved e&ceeds )wenty thousand pesos 4?#B,BBB.BB7 or, for civil actions in Metro Manila, where such value e&ceeds =ifty thousand pesos 4?-B,BBB.BB7 e&cept actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon
Pe "#t+ &or 4!o#"t!o o& t6e Prescr!*e$ I cre"se or A$K@st)e t ! t6e W"'e R"te CRA A.AAD? 1. #. ?ayment of a fine of not less than ?#-,BBB nor more than ?1BB,BBBM or .mprisonment for not less than # years nor more than years, the imprisonment being non9probationable. 4)he case should
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 33 of 75
S8+. ;. Section ;; of the same law is hereby amended to read as follows/ SS8+. ;;. Furisdiction of Metropolitan )rial +ourts, Municipal )rial +ourts and Municipal +ircuit )rial +ourts in +ivil +ases. 9 Metropolitan )rial +ourts, Municipal )rial +ourts, and Municipal +ircuit )rial +ourts shall e&ercise/ S417 8&clusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of thepersonal property, estate, or amount of the demand does not e&ceed $ne hundred thousand pesos 4?1BB,BBB.BB7 or, in Metro Manila where such personal property, estate, or amount of the demand does not e&ceed )wo hundred thousand pesos 4?#BB,BBB.BB7, e&clusive of interest, damages of whatever !ind, attorneyTs fees, litigation e&penses, and costs, the amount of which must be specifically alleged/ ?rovided, )hat interest, damages of whatever !ind, attorneyTs fees, litigation e&penses, and costs shall be included in the determination of the filing fees/ ?rovided, further, )hat where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactionsM S4#7 8&clusive original jurisdiction over cases of forcible entry and unlawful detainer/ ?rovided, )hat when, in such cases, the defendant raises the 2uestion of ownership in his pleadings and the 2uestion of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possessionM and S4;7 8&clusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not e&ceed )wenty thousand pesos 4?#B,BBB.BB7 or, in civil actions in Metro Manila, where such assessed value does not e&ceed =ifty thousand pesos 4?-B,BBB.BB7 e&clusive of interest, damages of whatever !ind, attorneyTs fees, litigation e&penses and costs/ ?rovided, )hat in cases of land not declared for ta&ation purposes, the value of such property shall be determined by the assessed value of the adjacent lots.S S8+. . Section ; read as follows/ of the same law is hereby amended to
SS8+. ; . 1elegated Furisdiction in +adastral and *and ,egistration +ases. 9 Metropolitan )rial +ourts, Municipal )rial +ourts, and Municipal +ircuit )rial +ourts may be assigned by the Supreme +ourt to hear and determine cadastral or land registration cases covering lots where
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 34 of 75
4a7 )he Secretary of *abor and 8mployment or his duly authori3ed representatives, including labor regulation officers, shall have access to employerCs records and premises at any time of the day or night whenever wor! is being underta!en therein, and the right to copy therefrom, to 2uestion any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this +ode and of any labor law, wage order or rules and regulations issued pursuant thereto. 4b7 (otwithstanding the provisions of Articles 1#9 and #17 of this +ode to the contrary, and in cases where the relationship of employer9employee still e&ists, the Secretary of *abor and 8mployment or his duly authori3ed representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this +ode and other labor legislation based on the findings of labor employment and enforcement officers or industrial
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 35 of 75
LABOR ARBITER ART. 217. ;urisdiction of t'e <abor Arbiters and t'e Co!!ission. < 4a7 8&cept as otherwise provided under this +ode, the *abor Arbiters shall have original and e&clusive jurisdiction to hear and decide, within thirty 4;B7 calendar days after the submission of the case by the parties for decision without e&tension, even in the absence of stenographic notes, the following cases involving all wor!ers, whether agricultural or non9agricultural/ 1. Hnfair labor practice casesM #. )ermination disputesM ;. .f accompanied with a claim for reinstatement, those cases that wor!ers may file involving wages, rates of pay, hours of wor! and other terms and conditions of employmentM . +laims for actual, moral, e&emplary and other forms of damages arising from the employer9employee relationsM -. +ases arising from any violation of Article #" of this +ode, including 2uestions involving the legality of stri!es and loc!outsM and ". 8&cept claims for 8mployees +ompensation, Social Security, Medicare and maternity benefits, all other claims arising from employer9employee relations, including those of persons in domestic or household service, involving an amount e&ceeding five thousand pesos 4?-,BBB.BB7
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 36 of 75
4a7 4b7
)here is a report on the non9compliance of the employer with the minimum wage law. Hpon receipt of the ,egional 1irector of this information, there will be an $,18, $= .(S?8+).$(. )he S$*8 or the ,egional 1irector. )he order of inspection will simply state that this person is authori3ed to conduct an inspection on this date, place and time.
4c7
)his inspection authority will then be implemented by a *abor and 8mployment $fficer of the 1$*8. And this person will visit the employerCs premises and then conduct an inspection. @e will inspect the payroll to determine if indeed there was underpayment of wages, inspect the employerCs premises, interview and as! the employees themselves if they are indeed paid such amount of wages, compare the payment records and confer with the employees. .f the inspector finds that there is a violation or underpayment of wages, he will ma!e an .(S?8+).$( ,8?$,) Hsually embodied in a ($).+8 $= .(S?8+).$( ,8SH*)S. All violations that the *abor 8mployment $fficer will find in the employerCs premises will be enumerated and be put as his findings in the notice.
4d7
)he employer is first informed of the results of the inspection. )he employer is given the opportunity to comply within 7 daysM or )he employer may contest the notice of inspection results and raise issues which cannot be resolved without considering 1$+HM8()A,A ?,$$=S that are not verifiable in the normal course of inspection. @$< S$$(J )he employer shall raise such objections during the hearing of the case or at any time after the receipt of the notice of inspection results.
4h7
.f on the other hand, the employer does not or fails to contest the notice of inspection result, as well as fails to comply with such notice. )he ,egional 1irector will issue an $,18, $= +$M?*.A(+8. )he order of compliance will basically be based on the notice of inspection results, so if the inspection says that you are underpaying 1B wor!ers or just paying them ?1BB, the ,1 will issue an order of compliance ordering this time the employer to pay the following wor!ers the following sums of money.
ENFORCEMENT PROCESS
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 37 of 75
)he order of compliance can be 2uestioned within 1B calendar days thru an A??8A* with S$*8 4filing of bond7 )hen the employer will file a motion for reconsideration with the ,1 within 7 calendar days. .f the employer files it beyond 7 days but not beyond 1B days, that will be considered an appeal from the ,1 to the S$*8.
4ISITORIAL AND ENFORCEMENT POWER Article 12:. 4isitorial and (nforce!ent &o*er4a7 )he Secretary of *abor or his duly authori3ed representatives, including #"*or re'@#"t!o o&&!cers, shall have "ccess to employerCs records and premises at any time of the day or night whenever wor! is being underta!en therein, and the r!'6t to co7+ therefrom, to G@est!o any employee and ! 5est!'"te any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this +ode and of any labor law, wage order or rules and regulations issued pursuant thereto.
4j7
.f the employer will not file a motion for reconsideration, what will happen to the order of complianceJ .t becomes final and e&ecutory. )he S$*8 or ,1 can issue a <,.) $= 8D8+H).$(, then it will levy. ?ursuant to ,ule ;9 in +ivil ?rocedure, the final judgment can be subject of e&ecution and the ,1 can levy on the properties of the employer to satisfy the judgment or the order of compliance. (ote/ that this is if there is no obedience to the order of compliance or there is no contesting done or no motion for reconsideration resorted to by the employer in that regard.
4!7
$n the other hand, if the employer validly contests by raising issues supported by documentary proofs which were not considered in the course of inspection 5 what will happenJ +an the ,1 still proceed with the caseJ ($. )he ,1 will endorse the case to the appropriate Arbitration 0ranch of the (*,+. <hyJ .t is no longer a summary proceeding. .t now becomes an adversarial proceeding which the ,1 is not e2uipped to handle. ,1 has no other recourse but to endorse it to the Arbitration 0ranch of the (*,+.
4b7 (otwithstanding the provisions of Articles 1#9 and #17 of this +ode to the contrary, and in cases where the relationship of employer9employee still e&ists, the Secretary of *abor and 8mployment or his duly authori3ed representatives shall have the 7o%er to !ss@e co)7#!" ce or$ers to give effect to the labor standards provisions of this +ode and other labor legislation *"se$ o t6e &! $! 's o& #"*or e)7#o+)e t " $ e &orce)e t o&&!cers or ! $@str!"# s"&et+ e '! eers made in the course of inspection. )he Secretary or his duly authori3ed representatives shall !ss@e %r!ts o& eJec@t!o to the appropriate authority for the enforcement of their orders, eJce7t in cases where the employer contests the findings of the labor employment and enforcement officer and raises the issues supported by documentary proofs which were ot considered in the course of inspection. L98D+8?).$( +*AHS8 An order issued by the duly authori3ed representative of the Secretary of *abor and 8mployment K,egional 1irectorL under this Article may be "77e"#e$ to the latter. .n case said order involves a )o et"r+ "%"r$, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the S$*8 in the amount e2uivalent to the monetary award in the order appealed from. 4c7 )he S$*8 may li!ewise order sto77"'e o& %orH or s@s7e s!o o& o7er"t!o s o& " + @ !t or $e7"rt)e t o& " est"*#!s6)e t when non9 compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor!ers in the wor!place. <ithin # hours, a 6e"r! ' shall be conducted to determine whether an order for stoppage of wor! or suspension of operations shall be lifted or not. .n case the violation is attributable to the employer, he shall pay the employees concerned their salaries or wages during
Note? .t is very important that you be able to contest the notice of inspection results within the time frame authori3ed by the ,H*8S $( 1.S?$S.).$( $= *A0$, S)A(1A,1S +AS8S. 0ecause if you fail or if you contest but the wrong way, or you fail to contest it at all, then the ,1 will have no recourse but to issue an order of compliance. And then your remedy therefore is no longer to contest but to a motion for reconsideration or probably an appeal to the S$*8. .n case you still fail to do that, then that order of compliance will become final and e&ecutory for which the S$*8 or the ,d for that matter is now authori3ed to issue a writ of e&ecution. )hen that is the end of the case. S$*8 4no appeal7, ,emedy to +A ,"-, then to S+ ,ule -.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 38 of 75
4c7 )he Secretary of *abor and 8mployment may li!ewise order stoppage of wor! or suspension of operations of any unit or department of an establishment when non9compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor!ers in the wor!place. <ithin twenty9four hours, a hearing shall be conducted to determine whether an order for the stoppage of wor! or suspension of operations shall be lifted or not. .n case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of wor! or suspension of operation. )his provision does not refer to violation of minimum wage laws. .t refers to the instance that when the non9 compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor!ers in the wor!place, the S$*8 can issue an order for the stoppage of wor! or the suspension of operations of any unit or department in an establishment.
S+$?8 $= )@8 :.S.)$,.A* ?$<8, $= )@8 S8+,8)A,A $= *A0$, Cirineo BoHling )laGa vs. R %2#17'$ "%&%2&'""1 erry Sensing
%)he visitorial and investigatory power under A,) 1#64a7 is broad enough to cover any fact, condition or matter related to the enforcement not only of the *abor +ode but of any labor law. Such power is li!ewise unlimited by the amount of monetary liability involved. )he liability, determined through appropriate proceedings, may be enforced through an order or writ of e&ecution regardless of the amount involved, according to A,) 1#6b as amended by ,A 77;B. ?ursuant to ,A 77;B, the jurisdictional limitations imposed by A,) 1#9 on the visitorial and enforcement powers of the ,1 under A,) 1#6, have been repealed. )he phrase %($)<.)@S)A(1.(> )@8 ?,$:.S.$(S $= A,).+*8S 1#9 A(1 #17 $= )@8 *+ )$ )@8 +$(),A,A,' erases all doubts as to the amendatory nature of ,A b77;B. )he amendment in effect overturned the rulings in the Aboiti- and Servandos cases in so far as the restrictive effect of A,) 1#9 on the use of the power under A,) 1#6 is concerned.' )he S$*8 or his duly authori3ed representative, in the e&ercise of their visitorial and enforcement powers, are now authori3ed to issue +$M?*.A(+8 $,18,S to give effect to the labor standards provisions of this +ode and other labor legislation based on the findings of the labor employment and enforcement officers or industrial safety engineers made in the course of
.**HS),A).$(/ <hen there is a lea! in a chemical plant, there is ha3ard to the employees. )he S$*8 can order suspension of operation. Q? .s the power of S$*8 to order suspension of operation similar to Article #6" on bona fide suspension of operationsJ A? ($. )hey are different. .n Article #6", it is the employer who suspends the operations while on the other hand, Article 1#6 spea!s of suspension by the Secretary of *abor. 8&le, for causes attributable to the employer and in the interest of health and safety of the wor!ers, the ,egional 1irector orders the suspension of the companyCs operation. )he logical 2uestion there is 5 <hat is the conse2uence of thatJ <ill the employees be paid their wagesJ .n Article #6", for e&le, if the employer decides to suspend his operations unilaterally, will the employees be entitled to their daily wagesJ <hat is being in2uired in Article 1#6 is whether or not the employer complies with labor standards laws, rules and regulations, as well as social legislations. )he power to visit the employerCs premises is so broad enough as to enable the S$*8 or his duly authori3ed representative to ma!e a finding after ma!ing such inspection. Since what will be involved would be in2uiring on violations of labor standard laws as well as wage orders, it would be
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 39 of 75
Maternity C*il6renKs Los+ital vs. Se5retary of Labor an6 Regional Dire5tor of Labor .R. No. 7!("($ =-ne 4"$ %(!( %Hnder the present rules, a ,egional 1irector e&ercises both visitorial and enforcement power over labor standard cases, and is, therefore, empowered to adjudicate money claims, provided there still e&ists an employer9employee relationship, and the findings of the regional office are not contested by the employer concerned.' ?ursuant to the provisions of Article -, in relation to Article 1#6KbL of the *abor +ode, the Secretary of *abor and 8mployment issued on September 1", 1967 the ,ules on the 1isposition of *abor Standards +ases in the ,egional $ffices to govern the enforcement of labor standards at the regional level. After the issuance of those ,ules, Article 1#6KbL was amended by ,epublic Act (o. 77;B on Fune #, 19 whose provisions are now reflected in the present Article 1#6.
Re5!se$ R@#es o D!s7os!t!o o& L"*or St" $"r$ C"ses .-A/ ser!es 00000000See FOO 7"'e 2.1 &or &@## teJt00000000 00000000See $!"'r") ! se7"r"te 7"'e00000000 De7"rt)e t Or$er No. /0A ser!es o& .--2 000000000000W" 7" H!t !Q00000000000000 DOLE Me)o C!rc@#"r No. ,20A ser!es o& .--2 0000000000000! sert 6ere000000000000000000000 APPEAL PROCEDURE An order issued under this Article is appealable to the 1$*8 secretary, the administrative superior of the regional director.
9niversity of I::a5-late Con5e+tion vs. SOLE R %24117$ =-ne '1$ '""2 %)he decision of the S$*8 becomes final and e&ecutory after ten 41B7 calendar days from receipt of the records of the case. A motion for reconsideration of the S$*8Cs decision has to be filed as a precondition for any further or subse2uent remedy. .f the motion is denied, a special civil action for certiorari under ,"- may be filed with the +A within "B days from receipt of the denial of the motion.' National ,e6eration of Labor vs. Lag-es:a R %'42'#$ Mar5* %"$ %(((
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 40 of 75
%=ollowing the rationale of St. Martin ruling, decisions of the Secretary of *abor, such as those in Articles 1#6, #;9, #-9, and #"; maybe elevated initially to the +A through certiorari.' ANTI0IN>UNCTION ART. 12:. 4isitorial and enforce!ent o*er. =
4d7 .t shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of *abor and 8mployment or his duly authori3ed representatives issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders issued in accordance with this Article. MAINTENANCE OF EMPLO(MENT RECORDS ART. 12:. 4isitorial and enforce!ent o*er. =
ARTICLES .2A AND .2- COMPARED )he two articles are similar as they both spea! of labor law administration and enforcement Art. 1#9 is more limited in scope than Art. 1#6 Art 12? Adjudicatory power vested upon a ,egional 1irector or any duly %authori3ed hearing officer' of 1$*8. ,efers to adjudication through summary proceedings after notice and hearing, of employeesC claims for wages and benefits .nitiated by sworn complaints filed by any interested party.
4f7 )he Secretary of *abor and 8mployment may, by appropriate regulations, re2uire employers to !eep and maintain such employment records as may be necessary in aid of his visitorial and enforcement powers under this +ode. SIMPLE MONE( CLAIMS AND >URISDICTION ART. .2-. Recover$ of *ages> si! le !one$ clai!s and ot'er benefits. 0 Hpon complaint of any interested party, the ,egional 1irector of the 1epartment of *abor and 8mployment or any of the duly authori3ed hearing officers of the 1epartment is empowered, through summary proceeding and after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper under this +ode, arising from employer9employee relations/ ?rovided, )hat such complaint does not include a claim for reinstatement/ ?rovided further, )hat the aggregate money claims of each employee or househelper does not e&ceed =ive thousand pesos 4?-,BBB.BB7. )he ,egional 1irector or hearing officer shall decide or resolve the complaint within thirty 4;B7 calendar days from the date of the filing of the same. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held in a special deposit account by, and shall be paid on order of, the Secretary of *abor and 8mployment or the ,egional 1irector directly to the employee or househelper concerned. Any such sum not paid to the employee or househelper because he cannot be located after diligent and reasonable effort to locate him within a period of three 4;7 years, shall be held as a special fund of the 1epartment of *abor and 8mployment to be used e&clusively for the amelioration and benefit of wor!ers.
Art 12: empowers the Secretary of *abor or any of his Sduly authori3ed representatives' who may or may not be a ,1. Spea!s of inspection of establishments and the issuance of compliance orders on labor standards, wage orders and other labor laws and regulations ?roceedings under this article are offshoots of inspections done by labor officers or safety engineers Furisdictional limits in Art 1#9 do not apply to the e&ercise of powers under Art 1#6. ?ar 0 of Art 1#6 was changed to its present wording by ,A 77;B purposely to strengthen the visitorial enforcement power by freeing it from the limitations of Art 1#9. A decision under Article 1#6, on the other hand, is administrative and therefore appealable to the Secretary of *abor who is the administrative superior of all regional directors of the
)he regional directorTs authority under Art. 1#9 is subject to four ,e2uisites.
A decision rendered under this Article, being adjudicatory in nature, is appealable to the (ational *abor ,elations +ommission 4(*,+7
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 41 of 75
)@8 ,8>.$(A* 1.,8+)$,TS AH)@$,.)A H(18, A,). 1#9 .S SH0F8+) )$ =$H, ,8IH.S.)8S, (AM8*A/ 1. )he claim is presented by an employee or a person employed in domestic or household service, or a househelper. #. )he claim arises from employer9employee relations. ;. )he claimant does not see! reinstatement. . )he "''re'"te money claim of each employee or househelper does not e&ceed ?-,BBB.BB. .f there is 2uestion of reinstatement or if the claimantTs demand e&ceeds ?-,BBB.BB, the labor arbiter has jurisdiction over the case, pursuant to Art. #17, paragraph ", e&cept claims for employeesT compensation, social security, Medicare 4?hilhealth7 and maternity benefits. 8ven as regards labor arbiter, however, employer9employee relation is a prere2uisite as basis of the claim. Articles 1#6 and 1#9 are operative only in the conte&t of employment relationship. A regular court , not 1$*8 or (*,+, has jurisdiction over claim of an independent contractor to adjust contractual fee.
f.
g. h.
Art 217. ;urisdiction of t'e <abor Arbiters and t'e Co!!ission. < Already discussed under )opic - :iolation of <age $rders
9rbanes vs. SOLE R %''7(% "'&%(&'""4 %.t is well settled in law and jurisprudence that where no employer9employee relationship e&ists between the parties and no issue is involved which may be resolved by reference to the *abor +ode, other labor statutes or any collective bargaining agreement, it is the ,egional )rial +ourt that has jurisdiction. <hile the application +ode was S$*.1A,A respondent e&ists.' resolution of the issue involves the of labor laws, reference to the *abor only for the determination of the *.A0.*.)A of the petitioner to the where no employer9employee relation
COMPROMISE OF LABOR STANDARD CASES ART. 227. Co! ro!ise agree!ents. - Any compromise settlement, including those involving labor standard laws, voluntarily agreed upon by the parties with the assistance of the 0ureau or the regional office of the 1epartment of *abor, shall be final and binding upon the parties. )he (ational *abor ,elations +ommission or any court, shall not assume jurisdiction over issues involved therein e&cept in case of non9 compliance thereof or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion. 1ispute resolution through compromise is a pervading philosophy of ?hilippine labor laws. )his is emphasi3ed in this Article ##7 and it conforms with the statement of basic policy in Art. #11 4a7 and the second paragraph of Art. ##1. )he law loo!s with disfavor upon 2uitclaims and releases by employees who are inveigled or pressured into signing them by unscrupulous employers see!ing to evade their legal responsibilities. $n the other hand, there are legitimate waivers that represent a voluntary settlement of a laborerTs claims that should be respected by the courts as the law between the parties. (ot all waivers and 2uitclaims are invalid as against public policy. .f the agreement was voluntarily entered into and
?,$+81H,8 H(18, A,).+*8 1#9 a. b. c. )he employee files a pro9forma complaint with the ,egional 1irector. )he ,egional 1irector doc!ets the complaint as simple money claim. )he ,egional 1irector issues summons served upon employer 4respondent7, together with the copy of the compliant, and sends a copy of the same to the respondent. )he employer9respondent is given - calendar days to answer the complaint. )he employer can either admit the allegations or deny it.
d.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 42 of 75
Art 202: NCC. A compromise is a contract where the parties, by ma!ing reciprocal concessions, avoid a litigation or put an end to one already commenced. APPEAL PROCEDURE ART. 223. A eal. - 1ecisions, awards, or orders of the *abor Arbiter are final and e&ecutory unless appealed to the +ommission by any or both parties within ten 41B7 calendar days from receipt of such decisions, awards, or orders. Such appeal may be entertained only on any of the following grounds/ 4a7 .f there is prima facie evidence of abuse of discretion on the part of the *abor ArbiterM 4b7 .f the decision, order or award was secured through fraud or coercion, including graft and corruptionM 4c7 .f made purely on 2uestions of lawM and 4d7 .f serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant. .n case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the +ommission in the amount e2uivalent to the monetary award in the judgment appealed from. .n any event, the decision of the *abor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be e&ecutory, even pending appeal. )he employee shall either be admitted bac!
SM Agri an6 eneral Ma5*ineries vs. NLRC .R. No. 72!("#$ =an-ary ($ %(!(. %)he 1B9day period provided in Article ##; refers to ten calendar days, not wor!ing days. )his means that Saturdays, Sundays and *egal @olidays are not to be e&cluded, but included, in counting the 1B9day period. <here the 1Bth day is a Sunday or *egal @oliday, the appeal can be filed on the ne&t business day. % AC-ino vs. NLRC an6 RobFtt In6-strial Constr-5tion$ In5.$ .R. No. (!%"%$ Se+te:ber 4$ %((4. %.f the tenth day to perfect an appeal from the decision of the *abor Arbiter to the (*,+ falls on a Saturday, the appeal shall be made on the ne&t wor!ing day. % Star Angel Lan6i5raft vs. NLRC an6 S+o-ses ,ribaMas$ No. %"!(%2$ Se+te:ber '"$ %((2. .R.
%)here is a clear distinction between the filing of an appeal within the reglementary period and its perfection. )he appeal
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 43 of 75
WHEN AND WHERE TO FILE PETITION Hnder the 1997 ,ules of +ivil ?rocedure, effective Fuly 1, 1997, the petition for certiorari may be filed not later than si&ty 4"B7 days from notice of the judgment, order of resolution sought to be assailed in the Supreme +ourt & & &. .t may also be filed in the +ourt of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. 4Sec. , ,ule "-, ,ules of +ourt.7 0ut the same Section and ,ule provide that Sif Kthe petitionL involves the acts or omissions of a 2uasi9judicial agency, and unless otherwise provided by law or KtheL ,ules, the petition shall be filed and cogni3able only by the +ourt of Appeals.S St. Martin ,-neral Lo:es vs. NLRC .R. No. %4"!##$ Se+te:ber %#$ %((!. ?,.(+.?*8 $= @.8,A,+@A $= +$H,)S Solidly buttressing the +ATs jurisdiction is the Supreme +ourt ruling in the St. 6artin case. After a discreet analysis of the legislative intent in delineating judicial jurisdictions, the +ourt 4through Mr. Fustice ,egalado7 declared that/ %0oth the Supreme +ourt and the +ourt of Appeals have the power to review (*,+ decisions. @owever, the petition by certiorari should initially be filed with the +ourt of Appeals, in line with the principle of hierarchy of courts.' National ,e6eration of Labor AN,LB vs. Lag-es:a$ %'42'#$ Mar5* %"$ %((( .R. No.
%)he Supreme +ourt held that challenges against rulings of the labor secretary and those acting on his behalf, li!e the director of labor relations, shall be acted upon by the +ourt of Appeals, which has concurrent jurisdiction with the Supreme +ourt over petitions for certiorari.' FINALIT( ON FINDIN3S OF FACTS Manila Man6arin E:+loyees 9nion vs. NLRC .R. No. 7#(!($ Se+te:ber '%$ %(!7. %Iuasi9judicial agencies li!e the (ational *abor ,elations +ommission have ac2uired e&pertise because their jurisdiction is confined to specific matters. @ence, their findings of facts are generally accorded not only respect but at times even finality if such findings are supported by substantial evidence. % EXCEPTIONS In6-strial Ti:ber Cor+. vs. NLRC$ Con5or6ia Dos )-eblos$ et al.$ .R. No. !4#%#$ =an-ary '"$ %(!(. %@owever, the Supreme +ourt has never hesitated to e&ercise its corrective powers and to reverse administrative decisions in the following cases/ 417 the conclusion is a finding grounded on speculations, sur9 mises and conjecturesM
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 44 of 75
Pet!t!o &or Re5!e% CR@#e 41 " $ R@#e 42, .--/ R@#es o& C!5!# Proce$@reD See topic
DEPOSITS FOR LOSSFDAMA3E ART. 115. <i!itations. - (o deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon, and his responsibility has been clearly shown. WITHHOLDIN3F:IC:BAC:S ART. 11@. 6it''olding of *ages and +ic+bac+s ro'ibited. - .t shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a wor!er or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the wor!erCs consent.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 45 of 75
DEDUCTION TO ENSURE EMPLO(MENT ART. 117. )eduction to ensure e! lo$!ent. - .t shall be unlawful to ma!e any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment. RETALIATOR( MEASURES ART. 11:. Retaliator$ !easures. - .t shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this )itle or has testified or is about to testify in such proceedings. FALSE REPORTIN3 ART. 11?. 5alse re orting. - .t shall be unlawful for any person to ma!e any statement, report, or record filed or !ept pursuant to the provisions of this +ode !nowing such statement, report or record to be false in any material respect. WITHHOLDIN3 OF WA3ES NEW CI4IL CODE ART. 170@. <ithholding of the wages, e&cept for a debt due, shall not be made by the employer. ART. 1707. )he laborerCs wages shall be a lien on the goods manufactured or the wor! done. ART. 170:. )he laborerCs wages shall not be subject to e&ecution or attachment, e&cept for debts incurred for food, shelter, clothing and medical attendance. ART. 170?. )he employer shall neither sei3e nor retain any tool or other articles belonging to the laborer. PRINCIPLE OF NON0DIMINUTION OF BENEFITS ART. 100. &ro'ibition against eli!ination or di!inution of benefits. - (othing in this 0oo! shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this +ode. it essentially means that benefits being given to employees cannot be ta!en bac! or reduced unilaterally by the employer because the benefit
*8>A* )8(18, .s that currency which has been made suitable by law for the purpose of a tender of payment of debts. All notes and coins issued by the +entral 0an! are legal tender. considered
Q? +an the employer pay the employee partly in cash and partly in !indJ A? >enerally ($. )here are cases decided by the Supreme +ourt wherein such is allowed, such as payment for facilities. Q? +an the employer pay the employee in the form
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 46 of 75
.f all of these conditions are met, the employer can validly, by himself, pay wages by chec!s. (ote the differences of the instances in the rules that allow payment by chec! and place of payment, because that it usually the mista!e of students when they interchange the instances and of course, these being different, they will end up wrong. (ote that the employer should not enter into an arrangement with the ban! that the employer will receive commission if the employer pays in the form of chec!. )here should be no pecuniary benefit from this arrangement of payment through chec!.
PLACE ART. 104. &lace of a$!ent. - ?ayment of wages shall be made at or near the place of underta!ing, e&cept as otherwise provided by such regulations as the Secretary of *abor and 8mployment may prescribe under conditions to ensure greater protection of wages. Q? .s there an instance when the employer may be allowed to pay the employeesC wage other than at the place of underta!ingJ A? Aes. EXCEPTIONS A. R@#e 4III, BooH III, Sec 4 "ection 4. &lace of &a$!ent.4a7 As a general rule, the place of payment shall be at or near the place of underta!ing. ?ayment in a place other than the wor!place shall be permissible only under the following circumstances/ 1. <hen payment cannot be effected at or near the place of wor! 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 thereat impossibleM <hen the employer provides for transportation to the employees bac0 and forthM and Hnder any other analogous circumstancesM provided that the time spent by the employees in collecting their wages shall be considered as compensable hours wor!ed.
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c.)he employees are given reasonable time during ban!ing hours to withdraw their wages from the ban! which time shall be considered compensable hours /or0ed if done during wor!ing hoursM and
4b7 (o employer shall pay his employees in any bar, night or day club, drin!ing establishment, massage clinic, dance hall, or other similar places or in places where games are played with sta!es of money or things representing money e?cept in the case of persons employed in said places. ?ayment in recreational places prohibited/
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 47 of 75
417 )he A)M system of payment is with the written consent of the employees concerned. 4#7 )he employees are given reasonable time to withdraw their wages from the ban! facilities which time, if done during wor!ing hours, shall be considered as compensable hours wor!ed. 4;7 )he system shall allow wor!ers to receive their wages within the period or fre2uency and in the amount prescribed under the *abor +ode. 4 7 )here is a ban0 or A(6 facility within a radius of 1 !ilometer to the place of wor!. 4-7 Hpon re2uest of the concerned employeeEs, the employer shall issue a record of payment of wages, benefits and deductions for a particular period. 4"7 )here shall be no additional e&penses and no diminution of benefits and privileges as a result of the A)M system of payment. 477 )he employer shall assume responsibility in case the wage protection provisions of law and regulations are not complied with under the arrangement. )he point here is that, if the employer elects to pay the employeeCs wage through the A)M, there should be no diminution of the employees wage. )he employees can also demand from the employer, proof of how much they are paid including the itemi3ed deduction. .n other words, it will not dispense with the re2uirement of the pay slip. ,emember, that the employers decide on their own without the employeesC consent to pay their wages through the A)M facilities. 8vidently in violation or non9 conformity with the guidelines issued by the 1$*8. .f that happens, then the remedy of the employees would be to report it to the 1$*8 for an inspection and for the correction of that particular system. )he 1$*8, in the e&ercise of its visitorial and enforcement power can order the employer to correct any deficiency in that !ind of practice.
PA(EE ART. .,2. )irect a$!ent of *ages. 0 <ages shall be paid directly to the wor!ers to whom they are due, e?ceptC 4a7 .n cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of *abor and 8mployment in appropriate regulations, in which case, the wor!er may be paid through another person under written authority given by the wor!er for the purposeM or 4b7 <here the wor!er has died, in which case, the employer may pay the wages of the deceased wor!er to the heirs of the latter without the necessity of intestate proceedings. )he claimants, if they are all of age, shall e&ecute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the e&clusion of all other persons. .f any of the heirs is a minor, the affidavit shall be e&ecuted on his behalf by his natural guardian or ne&t9of9!in. )he affidavit shall be presented to the employer who shall ma!e payment through the Secretary of *abor and 8mployment or his representative. )he representative of the Secretary of *abor and 8mployment shall act as referee in dividing the amount
LABOR AD4ISOR( ON PA(MENT OF SALARIES THROU3H AUTOMATED TELLER MACHINE CATMD K.ssued by then Secretary *eonardo IuisumbingL Article 1B , as amended, re2uires that payment of wages shall be made at or near the place of underta!ing, e?cept as otherwise provided by such regulations as the Secretary of *abor may prescribe under conditions that would ensure prompt payment and protection of wages. 0ased on Article 1B , as well as the provisions of Section , ,ule :..., 0oo! ... and considering present9day circumstances, practices and technology, employers may adopt a system of payment other than in the wor!place, such as
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 48 of 75
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 49 of 75
@ealth personnel in cities and municipalities with a population of at least one million 41,BBB,BBB7 or in hospitals and clinics with a bed capacity of at least one hundred 41BB7 shall hold regular office hours for eight 467 hours a day, for five 4-7 days a wee!, e&clusive of time for meals, e&cept where the e&igencies of the service re2uire that such personnel wor! for si& 4"7 days or forty9eight 4 67 hours, in which case, they shall be entitled to an additional compensation of at least thirty percent 4;BU7 of their regular wage for wor! on the si&th day. =or purposes of this Article, Fhealth personnelF shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social wor!ers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. 2. RA -21. CHILD LABOR Sec. 1. )he same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 1#9A, 1#90, 1#9+, and 1#9 1 to read as follows/ "ec. 12-A. Aours of 6or+ of a 6or+ing C'ild. - Hnder the e&ceptions provided in Section 1# of this Act, as amended/ 417 A child below fifteen 41-7 years of age may be allowed to wor! for not more than twenty 4#B7 hours a wee!/ ?rovided, )hat the wor! shall not be more than four 4 7 hours at any given dayM 4#7 A child fifteen 41-7 years of age but below eighteen 4167 shall not be allowed to wor! for more than eight 467 hours a day, and in no case beyond forty 4 B7 hours a wee!M 4;7 (o child below fifteen 41-7 years of age shall be allowed to wor! between eight oTcloc! in the evening and si& oTcloc! in the morning of the following day and no child fifteen 41-7 years of age but below eighteen 4167 shall be allowed to wor! between ten oTcloc! in the evening and si& oTcloc! in the morning of the following day.S 1. DO No. B20,4 ser!es o& 2,,4 C6"7ter 2 < Ho@rs o& WorH "(CT,-N 15. Aours of 6or+ of a 6or+ing C'ild < )he following hours of wor! shall be observed for any child allowed to wor! under ,epublic Act (o. 9#;1 and these ,ules/ 4a7 =or a child below 1- years of age, the hours of wor! shall not be more than twenty #B hours a wee!, provided that the wor! shall not be more than four hours at any given dayM 4b7 =or a child 1- years of age but below 16, the hours of wor! shall not be more than eight hours a day, and in no case beyond B hours a wee!M and
REST PERIODS= MEAL PERIOD= SHORTENED MEAL PERIOD= COFFEE BREA: ART. A2. #eal eriods. 0 Subject to such regulations as the Secretary of *abor may prescribe, it shall be the duty of every employer to give his employees not less than si&ty 4"B7 minutes time9off for their regular meals. Hnder this article the meal period should not be less than "B minutes, in which case it is time9off or non9 compensable time. )he implementing rules 0oo! ..., ,ule ., Sec 7, allows the meal time to be less than "B minutes, under specified cases. 0ut such shortened meal time 4say ;B minutes7 should be with full pay, and of course, the time when the employee cannot eat, because he is still wor!ing, should also be paid. )he employer is re2uired to give his employees not less than "B minutes or 1 hour for their regular meals everyday. )he *+ does not specify as to what specific hour of the day the meal period are to be given. )he "B9minute meal period is not compensable because during this time, the wor!er does not wor!.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 50 of 75
1$*8 1epartment Advisory (o. B#9#BB .M?*8M8()A).$( $= +$M?,8SS81 <$,N<88N S+@8M8S HEALTH PERSONNEL ART. A1. Nor!al 'ours of *or+. 0 )he normal hours of wor! of any employee shall not e&ceed eight 467 hours a day. @ealth personnel in cities and municipalities with a population of at least one million 41,BBB,BBB7 or in hospitals and clinics with a bed capacity of at least one hundred 41BB7 shall hold regular office hours for eight 467 hours a day, for five 4-7 days a wee!, e&clusive of time for meals, e&cept where the e&igencies of the service re2uire that such personnel wor! for si& 4"7 days or forty9eight 4 67 hours, in which case, they shall be entitled to an additional compensation of at least thirty percent 4;BU7 of their regular wage for wor! on the si&th day. =or purposes of this Article, Fhealth personnelF shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social wor!ers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. 8&ception to A,).+*8 91 on <ee!ly ,est 1ay Article 6; does not say that the normal hours of wor! is or should be eight hours but that it shall not e?ceed ei4ht& )herefore part9time wor! or a dayCs wor! of less than eighty hours is not prohibited. )he eight hour labor law was enacted not only to safe4uard the health and /elfare of the laborer or employee! but in a /ay to minimi-e unemployment by forcin4 employers! in cases /here more than 81hour operation in necessary! to utili-e different shifts of laborers or employees /or0in4 only for 8 hours each& )he second paragraph applies to health wor!ers in organi3ations covered by the +ode. @ealth personnel in government service are e&cluded from coverage of Articles 6# to 9". )heir wor! hours, night shift differential, and other employment benefits are defined in ,A 7;B-. )he customary service re2uiring resident physician to wor! for # hours a day violates the limitations prescribed by Article 6; and would not be permissible even if the resident physicians were paid additional compensation. .t cannot override the purpose of the limitation which is to safeguard the health and interest of hospital wor!ers. @owever, the forty9hour wee! will not apply if there is a training agreement between the resident physician and the hospital, and the training program is duly accredited or approved by appropriate government agency. .n such case there is no employer9employee relationship on the account of the approved training program. 40oo! ..., ,ule D, Sec 1-7
Q/ .s it possible to reduce the meal period to less than "B minutesJ .f so, under what instancesJ A? A8S, under Section $! 'ule ! Aoo0 &
Rule ,> 3oo+ ,,, "ec 7. #eal and Rest &eriods.- 8very employer shall give his employees, regardless of se&, not less than one 417 hour time9off for regular meals, e&cept in the following cases when a meal period of not less than #B minutes may be given by the employer provided that such shortened meal period is credited as compensable hours wor!ed of the employeeM 4a7 <here the wor! is non9manual wor! in nature or does not involve strenuous physical e&ertionM 4b7 <here the establishment regularly operates not less than 1" hours a dayM 4c7 .n cases of actual or impending emergencies or there is urgent wor! to be performed on machineries, e2uipment or installations to avoid serious loss which the employer should otherwise sufferM and 4d7 <here the wor! is necessary to prevent serious loss of perishable goods. Rest eriods or coffee brea+s running from five 4-7 to twenty 4#B7 minutes shall be considered as compensable wor!ing time. Shortcoffee brea!s of -5#B minutes is compensable. So if the employer gives the employees brea! in the morning and in the afternoon, this time is considered compensable. (ote that the employer is not obliged by law to give this coffee brea!. )he employer can lessen the "B9minute meal period into ;B minutes. And this is compensable. (ote that the employer shall pay the $vertime ?ay whenever proper. (ote that meal periods can be reduced to less than "B minutes but not less than #B minutes, and it is compensable. =or e&le, if the meal period is reduced to -9 minutes it is compensable. )he employer cannot prohibit employees from leaving the premises during the meal period of employees. )he law in fact does not re2uire that the "B minutes to be spent in the employerCs premises. )here is no labor code provision to this effect.
WEE:L( REST DA( ART. ?1. Rig't to *ee+l$ rest da$. - 4a7 .t shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 51 of 75
"ection 3. 6ee+l$ Rest )a$.- 8very employer shall give his employees a rest period of not less than # hours after every " consecutive normal wor! days. "ec. 4. &reference of e! lo$ee. 0 )he pre9 ference of the employee as to his wee!ly day of rest shall be respected by the employer if the same is based on religious grounds. )he employee shall ma0e 0no/n his preference to the employer in writing at least seven 477 days before the desired effectivity of the initial rest day so preferred. <here, however, the choice of the employees as to their rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the underta!ing and the employer cannot normally be e&pected to resort to other remedial measures, the employer may so schedule the wee!ly rest day of their choice for at least two 4#7 days in a month. Q? <hat happens on the seventh dayJ A? .t becomes the rest day. .t is mandatory on the part of the employer because it is provided for under Article 91. )hat is how we arrive on a 69hour wor! wee!. Q? <ill the seventh day be considered always and at all times the rest dayJ A? A8S. Q? 1oes the *+ tell us what specific day of the wee! will the employees rest day beJ A? ($. $f course, under the 0*H8 SH(1AA *A<, the employeesC rest day was imposed every Sunday. 0ut when the *abor +ode too! effect in 197 , it gave more fle&ibility on the part of the employer
DOES THE B CONSECUTI4E DA(S WOR:WEE: APPL( TO ALL EMPLO(ERS OR EMPLO(EESE NO, it does not apply to/ 4a7 @ealth personnel in cities or municipalities population of 1 million or 4b7 @ospitals with a bed capacity of at least 1BB.
with
)he population re2uirement and the bed capacity need not go together. )hey are to be ta!en separately.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 52 of 75
@8A*)@ 4a7 4b7 4c7 4d7 4e7 4f7 4g7 4h7 4i7 4j7 4!7 4l7
&olic$ ,nstruction No. 54 Kissued by =ran!lin 1rilonL ,t sa$s in effect t'at t'ose 'ealt' ersonnel *ill 'ave to be considered aid 7 da$s a *ee+. ,s t'is validC ($, this was held to be void in the case of San 8uan de 9ios @ospital Employees Association vs& 3L'C! ,' "26383 )3ovember! 28! "##$* . )his is because it contravenes the *+ because the *+ does not say that these # days off shall be paid, but rather, it only says that there will be ;BU which will be added to the regular wage if they wor! on the rest day. )he *+ does not give them a full 7 days with pay but rather, only additional compensation. "an ;uan de )ios Aos ital (! lo$ees Association vs. N<RC >.,. (o. 1#";6; (ovember, #6, 1997 A cursory reading of Article 6; of the *abor +ode betrays petitionersC position that %hospital employees' are entitled to %a full wee!ly salary with paid # daysC off if they have completed the B9 hourE-day wor!wee!. '<hat Article 6; merely provides are/ 417 4#7 )he regular office hour of 6 hours a day, days a wee! for health personnelM and <here the e&igencies of service re2uire that health personnel wor! for " days or 6 hours, then such health personnel shall be entitled to
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(o employee shall be re2uired against his will to wor! on his scheduled rest day e&cept under the circumstances provided. ?rovided, however, that where an employee volunteers to wor! on his rest day under other circumstances, he shall e&press such desire in writing.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 53 of 75
.f the employee wor!s on his rest day, he is entitled to additional compensation and this is called 2'E6 76 2A=. )his is not the same as overtime pay. )his is additional compensation for the wor! of the employee for not more than 6 hours during his rest day. METHODS OF FIXIN3 COMPENSATION
Standards 0enefits covered under Art. 6#/ (ight Shift 1ifferentialM $vertime payM @oliday payM Service .ncentive *eaveM and Service +harges KArt 6#L
R@#e I, BooH III, Sect!o 2 E)7#o+ees ot co5ere$ *+ t6!s 7ro5!s!o "& ,overnment Employees
ART. ?7. )efinitions. - As used in t'is Title. 4f7 F.a4eF paid to any employee shall mean the remuneration or earnings, however designated, capable of being e&pressed in terms of money, whether fi&ed or ascertained on a time, tas!, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for wor! done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of *abor and 8mployment, of board, lodging, or other facilities customarily furnished by the employer to the employee. FDair and reasonable valueF shall not include any profit to the employer, or to any person affiliated with the employer. .--- WOR:ERS STATUTOR( MONETAR( BENEFITS See on page -#7 =$O 2,,4 DOLE BWC MANUAL ON LABOR STANDARDS
<hether employed by the national government or any of its political subdivisions, including those employed in government9owned and 5controlled corporations. ,8AS$(/ )hey are governed by different set of laws, which are the +ivil Service *aw, the Administrative +ode, and by their respective charters. .f a government9owned or 5 controlled corporation has been incorporated, they are governed by the +orporation +ode and are conse2uently covered by the *abor +ode. 2& 6ana4erial Employees and members of the 6ana4erial Staffs Managerial employees if they meet all of the following conditions/ 1. )heir primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereofM Kformulate policiesL )hey customarily and regularly direct the wor! of two or more employees thereinM Ke&ecute management policiesL )hey have the authority to hire and fire employees of lower ran!, or their suggestions and recommendations to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. Kimpose disciplinary actionsL
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,8AS$(/ Managerial employees are not usually employed and paid by the hour. )heir compensation is determined by their special training, e&perience or !nowledge, which re2uires the e&ercise of discretion and independent judgmentM or perform wor! related to management policies and general business operations along speciali3ed or technical lines. $fficers or members of the managerial staff if they perform the following duties and responsibilities/ 1. )he primary duty consists of the performance of wor! directly related to management policies of the employerM #. +ustomarily and regularly independent judgmentM e&ercise discretion and
;. )hey/ i. ,egularly and directly assist a proprietor or general managerial employee whose primary duty consists of the management of the establishment in which he is employed or a subdivision thereofM
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 54 of 75
. )hey do not devote more than #BU of their hours wor!ed in a wor!wee! to activities, which are not directly and closely related to the performance of the wor! prescribed in the above9mentioned 1, # and ;. ,8AS$(/ )hey may be considered managerial employees as well. )hus, it would not be feasible to provide a fi&ed hourly rate of pay or ma&imum hours of wor! li!e managerial employees as previously mentioned. 3& Dield 2ersonnel
.f they/ 4a7 ,egularly perform their duties away from the principal or branch office or place of business of the employerM and 4b7 <hose actual hours of wor! in the field cannot be determined with reasonable certainty. ,8AS$(/ )hese wor!ers perform their jobs away from the employerCs place of business, and therefore not subject to the personal supervision of their employer. @is employer has no way of !nowing the e&act number of hours he is wor!ing in a day, li!e medical representatives and field salesmen. )heir hours of wor! cannot be determined with reasonable certainty. >& 6embers of the family /ho are dependent upon him for support ,8AS$(/ )he employer has already ta!en care of the sustenance, clothing, medical attendance or education of the particular members of his family. (ote that this category refers to husband and wife, parents and children, other descendants and ascendants, brothers and sisters whether in the full or half blood. .t does not include in9laws because they do not pertain to the same family. Also !eep in mind that the family must be dependent upon the employer for support. 5& @ousehold helpers 6& 2ersons in the personal service of another& 9omestic servants and persons in the personal service of another if they perform such services in the employerCs home which are usually necessary and desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience or safety of the employer as well as the members of the employerCs household. ,8AS$(/ )hey are already provided with living 2uarters, food, and e&tra clothing such that all in all, it would e&ceed the statutory minimum wage.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 55 of 75
EXCEPTIONS Art!c#e A-. (!ergenc$ -verti!e 6or+& Any employee may be re:uired by the employer to perform overtime wor! in any of the following cases/ 4a7 <hen the country is at war or when any other national or local emergency has been declared by +ongress or the +hief 8&ecutiveM 4b7 <hen it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earth2ua!e, epidemic or other disaster or calamityM 4c7 <hen there is urgent wor! to be performed on machines, installation or e2uipment, in order to avoid serious loss or damage to the employer or some other cause of similar natureM 4d7 <hen the wor! is necessary to prevent loss or damage to perishable goodsM 4e7 <here the completion or continuation of the wor! started before the 6th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee re2uired to render overtime wor! under this Article shall be paid additional compensation re2uired in this +hapter. +$M?H*S$,A $:8,).M8 <$,N Article 69 enunciates the situations where the employer can legally compel his wor!ers to render overtime wor!. )he employer should pay his wor!ers who render overtime wor! the appropriate additional overtime compensation for such wor!. Aside from the instances mentioned in Art 69, the .,, authori3es compulsory overtime wor! when it is necessary %to avail of favorable weather or environmental conditions where performance or 2uality or wor! is dependent thereon 4Sec 1B, ,ule ., 0oo! ...7. .n cases not falling within any of the enumerated cases or instances, no employee may be made t wor! beyond 6 hours a day against his will 4Sec 1B, ,ule ., 0oo! ...7.
8DA(N =or purposes of Article 67, a %day' 4or %daily'7 is understood to be )@8 # @$H, ?8,.$1, <@.+@ +$MM8(+8S =,$M )@8 ).M8 )@8 8M?*$A88 ,8>H*A,*A S)A,)S )$ <$,N. .t is not necessarily the ordinary calendar day from 1# oC cloc! midnight to 1# oCcloc! midnight unless the employee starts wor!ing at 1# midnight, which is unli!ely in which case the start of the # 9hour period in computing his wor! day coincides with the start of the calendar day.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 56 of 75
Hnless otherwise modified by law, order or proclamation, the following regular holidays and special days shall be observed in this country/
UNDERTIME NOT OFFSET B( O4ERTIME= ANALO3OUS CASES Art!c#e AA. %nderti!e not offset b$ overti!e& Hndertime wor! on any particular day shall not be offset by overtime wor! on any other day. ?ermission given to the employee to go on leave on some other day of the wee! shall not e&empt the employer from paying the additional compensation re2uired in this +hapter. Art!c#e -2. 'i4ht to service incentive leave& 4a7 8very employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. 4b7 T6!s 7ro5!s!o s6"## ot "77#+ to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay at least five days and those employed in establishments regularly employing less than ten employees or in establishments e&empted from granting this benefit by the Secretary of *abor after considering the viability or financial condition of such establishment. 4c7 )he grant of benefit in e&cess of that provided herein shall not be made a subject of arbitration or any court or administrative action. Art!c#e -4. 'i4ht to holiday pay& 4a7 8very wor!er shall be paid his regular daily wage during regular holidays, e&cept in retail and service establishment regularly employing less than ten wor!ersM 4b7 )he employer may re2uire an employee to wor! on any holiday but such employee shall be paid a compensation e2uivalent to twice his regular rateM and 4c7 As used in this Article, SholidayS includes/ (ew AearTs 1ay, Maundy )hursday, >ood =riday, the ninth of April, the first of May, the twelfth of Fune, last Sunday of August, first of (ovember, the thirtieth of (ovember, the twenty9fifth and the thirtieth of 1ecember, thirty9first of 1ecember, and the day designated by law for holding a general election.
,egular @olidays
Fanuary 1
Maundy )hursday
Movable date
>ood =riday
Movable date
April 9
*abor 1ay
May 1
.ndependence 1ay
Fune 1#
0onifacio 1ay
(ovember ;B
+hristmas 1ay
1ecember #-
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 57 of 75
,i3al 1ay
1ecember ;B
407
(ovember 1
1ecember ;1
4#7 )he terms Slegal or regular holidayS and Sspecial holidayS, as used in laws, orders, rules and regulations or other issuances shall be referred to as Sregular holidayS and Sspecial dayS, respectively. Re7@*#!c Act No. -.// AN ACT DECLARIN3 THE FIRST DA( OF "AA66A<, THE TENTH MONTH OF THE ISLAMIC CALENDAR, A NATIONAL HOLIDA( FOR THE OBSER4ANCE OF (,)%< 5,TR AND THE TENTH DA( OF FA%<) A,;;A. THE TWELFTH MONTH OF THE ISLAMIC CALENDAR, A RE3IONAL HOLIDA( IN THE AUTOMNOMOUS RE3ION IN MUSLIM MINDANAO CARMMD FOR THE OBSER4ANCE OF (,)%< A)AA, AMENDIN3 FOR THE PURPOSE SECTION 2B, CHAPTER / OF EXECUTI4E ORDER NO. 2-2. OTHERWISE :NOWN AS THE ADMINISTRATI4E CODE OF .-A/, AND FOR OTHER PURPOSES.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 58 of 75
8idul =itr (ew years 1ay Araw ng Nagitingan 9 1ay7 Fanuary 1 40ataan and +orregidor *abor 1ay Maundy )hursday .ndependence 1ay (ational @eroes 1ay 0onifacio 1ay >ood =riday +hristmas 1ay ,i3al 1ay E!$@# F!tr b7 9 9
9 Movable 1ate 9 April 9 9 May 1 9 Fune 1# Movable date 9 *ast Sunday of August 9 (ovember ;B Movable date 9 1ecember #9 1ecember ;B
(ationwide Special @olidays 9 Movable date All Saints 1ay 9 (ovember 1 *ast 1ay of the Aear 9 1ecember ;1 9 Monday nearest April 9
*abor 1ay
.ndependence 1ay
0onifacio 1ay
+hristmas 1ay
1ecember #-
,i3al 1ay
Sec. #". 'e4ular @olidays and 3ation/ide Special 9ays 417 Hnless otherwise modified by law, order or proclamation, the following regular holidays and special days shall observed in the country. a7 ,egular @olidays (ew AearTs 1ay Maundy )hursday >ood =riday 9 Fanuary 1 9 Movable 1ate 9 Movable 1ate
2rovided! ho/ever )hat Eidul Adha shall be celebrated as a regional holiday in Autonomous ,egion in Muslim Mindanao.S
AN ACT RATIONALIOIN3 THE CELEBRATION OF NATIONAL HOLIDA(S AMENDIN3 FOR THE PURPOSE SECTION 2B, CHAPTER /, BOO: I OF EXECUTI4E ORDER NO. 2-2, AS AMENDED, OTHERWISE :NOWN AS THE ADMINISTRATI4E CODE OF .-A/
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 59 of 75
c7 .n the event the holiday falls on a <ednesday, the holiday will be observed on the Monday of the wee!. .f the holiday falls on a Sunday, the holiday will be observed on the Monday that follows/ ?rovided, )hat for movable holidays, the ?resident shall issue a proclamation, at least si& months prior to the holiday concerned, the specific date that shall be declared as a nonwor!ing day/ ?rovided, however, )he 8idul Adha shall be celebrated as a regional holiday in the Autonomous ,egion in Muslim Mindanao.S
8D8M?)81 8M?*$A8, a. b. c. d. government and any of its political subdivisions including >$++ employers already paying their employees a 1; th month pay or its e2uivalent employers of household helpers and persons in the personal service of another in relation to such wor!ers employers of those who are paid on purely commission, boundary or tas! basis and those who are paid a fi&ed amount for performing specific wor!
Art!c#e AB. 3i4ht shift differential& 8very employee shall be paid a night shift differential of not less than ten percent of his regular wage for each hour of wor! performed between ten oTcloc! in the evening and si& oTcloc! in the morning.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 60 of 75
T!)e o& 7"+)e t? )he re2uired 1;th month Kpay shall be paid not later than 1ecember # of every year. An employer, however may give to his employee ] of the re2uired 1; th month pay before the opening of the regular school year and the other half on or before the # th of 1ecember of every year. .1t6 )o t6 7"+ o& res!' e$ or se7"r"te$ e)7#o+ee/ An employee who has resigned or whose services were terminated at anytime before the time for payment of the 1;th month pay is entitled to this monetary benefit on proportion to the length of time he wor!ed during the year, up to the time of his resignation or termination from the service, the payment maybe demanded by the employee upon the cessation of 8,988 relationship. )he benefits granted shall not be credited as part of the employees and other benefits. <or!ers paid by result are not entitled to this benefit only those who are paid on apiece rate basis are specifically mentioned by e&press provisions of the law. 0asic salary shall include all remuneration or earnings paid by an employer to an employee for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash e2uivalent of unused vacation and sic! leave credits, overtime premium, night shift differential and holiday pay and cost9of9living9 allowance. @owever these salary related benefits should be included as part of the basic salary related benefits should be included as part of the basic salary in the computation of the 1;th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees. )he law provides that the only re2uirement is that the employee must have at least rendered 1 month of service during the calendar year. )he does not forfeit or there is no forfeiture provision under the law.
+$(1.).$(S =$, 8().)*8M8() $= ?A)8,(.)A *8A:8 1. #. ;. he is employed at the time of delivery of the child he has notified his employer of the pregnancy of his wife and her e&pected date of delivery his wife has given birth suffers miscarriage or abortion
)he employee shall accomplish a ?aternity (otification =orm to be provided for by the employer and submit the same to the latter together with a copy of his marriage contract or if not any proof of marriage contract who has availed of the paternity leave benefits shall with in reasonable period of time submit a copy of birth certificate of the newly9born child, death or medical certificate in case of miscarriage or abortion. .n case such paternity leave benefit is not availed, said leave shall not convertible to cash. .f the employer does not comply with what is mandated in ,.A. 6167 under section - the employer maybe subject to a fine not e&ceeding ?#-, BBB.BB or imprisonment of not less than ;B days nor more than "Bm days.
DOMESTIC ADOPTION ACT OF .--A < R.A. A222 SEC. .2 S@7er5!se$ Tr!"# Co@rt
(o person for adoption shall be finally granted until the adopter4s7 has been given by the court supervised trail custody period for at least " months within which parties are e&pected to adjust psychologically and emotionally to each other and establish a bonding relationship. 1uring said period, temporary parental authority shall be vested in the adopter4s7. )he court may motu propio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of the period. @owever for alien adopters heEshe must complete the si& month trial custody. .f the child is below seven years of age and is placed with the prospective adopter4s7 through a pre9adoption placement authority issued by the department the prospective adopter shall enjoy all the benefits to which biological parents is entitled from the date the adoptee is placed with the prospective adopters.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 61 of 75
4?lease insert new retirement law, ,A 7" 1 and ,A 6-669+A() =.(1 )@.S $(8. S$,.7 LABOR AD4ISOR( ON RETIREMENT PA( LAW +overage/ )he ,etirement ?ay *aw shall apply to all employees in the private sector, regardless of their position, designation or status, and irrespective of the method by which their wages are paid. )hey shall include part9time employees, employees of service and other job contractors and domestic helpers or persons in the Kpersonal service and agricultural establishment or operations employing not more than 1B employees or wor!ers and employees of the (ational >overnment and its political subdivisions including government9owned and controlled corporations, if they are covered by the +ivil Service *aw and regulations. ART..12 FACILITIES FOR WOMEN )he Secretary of labor shall establish standards that will insure the safety and health of women employees in appropriate cases, he shall by regulations, re2uire employers to/ 1. provide seats proper for women and permit them to use such seat when they are free from wor! and during wor!ing g hours, provided they can perform their duties ion this position without detriment to efficiency to establish separate toilet and lavatories for men and women and provide at least dressing room for women to establish a nursery in a wor!place for the benefit of the women employees therein to determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the li!e
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SOLO PARENT WELFARE ACT0R.A.-A/2 1efinition of terms/ Solo ?arent9 any individual who falls under any of the following categories/ 17 #7 ;7 a woman who gives birth as a result of rape final conviction of the offender/ provided that the mother !eeps and raises the childM parent left solo or alone with the responsibility of parenthood due to death or spouseM parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least 1 year parent left solo or alone with the responsibility of parenthood due to physical andEor mental incapacity of a spouse as certified by a public medical practitioner parent left solo or alone with the responsibility of parenthood due to legal
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If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 62 of 75
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 63 of 75
$)@8, +*ASS.=.+A).$( 4Special *aws7 1. +onstruction .ndustry 41epartment $rder (o. 19, Series of 199;7 a. ?roject b. (on9?roject b.1. probationary b.#. regular b.;. casual #. 0roadcast .ndustry 41$*8 ?olicy .nstruction (o. B7 [Same classification as in the *abor +ode. ?olicy .nstruction (o. B has been declared to be of ($ effect in the case of Son3a vs. A0S9+0( 4>.,. 1;6B-1, Fune 1B, #BB 7 .n ?rivate 8ducational .nstitutions 4Manual of ,egulations for ?rivate School7 [ as simply classified by Mar2ue3 a. Academic ?ersonnel a.1. Academic teaching a.#. Academic non9teaching )e?& (he librarian* b. (on9Academic ?ersonnel 5 those staff who perform administrative functions but are not involved in academic wor! [ )heir employment is ($) covered by the M,?S or by the ):8) Manual but by the *abor +ode. .n @ospitals I: Are ,esident ?hysicians considered employees of hospitalsJ A: MA,IH8O: .t depends. .f undergoing training, he is ($) an employee of the hospital. .f not undergoing training, he is an employee, but only on a term basis. 0AS.S: $mnibus ,ules, 0oo! ..., ,ule D9A, Sec.1-
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If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 64 of 75
LIMITATIONS ON THE EXERCISE OF MANA3EMENT PRERO3ATI4ES )he e&ercise of management prerogative is not absolute but subject to the limitations imposed by law or by +0A, employment contract, employer policy or practice and general principles of fair play and justice. 1. R!'6t to H!re 9)his is inherently a management right because it is not found in the *abor +ode. @ence, it is not a statutory right. R!'6t to Pro)ote 9 ?romotion is the Sadvancement from one position to another with an increase in duties and responsibilities as authori3ed by law, and usually accompanied by an increase in salary.S
.( )@8 *A0$, +$18 1. Seasonal 8mployment #. ?roject 8mployment ;. +asual 8mployment FH,.S?,H18(+8 40rent School vs. Oamora, =ebruary 9, 199B7 . =i&ed )ermE?eriod 8mployment 5 an employment that will last only for a definite period, as agreed by the parties. 9)his !ind of employment is not per se illegal or against public policy, even if this !ind of employment is not mentioned in Art. #6B of the +ode. Such !ind of employment contract may be justified in the +ivil +ode. 9 MA,IH8O: Art. #6B does not prohibit agreements voluntarily agreed upon by the employer A(1 employee, provided that it is not used to circumvent the right of security of tenure.
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+onsent here is re2uired. ;. R!'6t to De)ote 9 1emotion means the movement from one position to another with a diminution in duties andEor status or ran!, not necessarily with a reduction in salary. 1emotion necessitates the issuance of a notification for demotion for cause.
^ .t may be e&ercised by an employer when the interests of the employer reasonably demand subject to the following limitations/ a.7 .t must not whimsically. be e&ercised arbitrarily, capriciously or
b.7 .t must be for a cause c.7 .t must pass the test of reasonableness, e2uity and good faith.
^ =ailure on these re2uirements may amount to illegal or constructive dismissal, as the case may be. .t is even more so if the demotion is not part of the company policy. . R!'6t to Tr" s&er 9 )ransfer is a Smovement from one position to another which is of e2uivalent ran!, level or salary, without brea! in service. )his right can be challenged if it is e&ercised arbitrarily or capriciously or in the absence of good faith. +onsent here on the part of the employee is not re2uired since this can only be e&ercised by the management in accordance with best interest of the company by trying to see where a particular employee can be best ma&imi3ed. )ransfer is reasonable if there is a need to augment wor! force because of a wor! assignment.
SCOPE (8tent of #anage!ent &rerogative to &rescribe 6or+ing #et'ods> Ti!e> &lace> #anner and -t'er As ects of 6or+ 8mployers have the freedom and prerogative, according to their discretion and best judgment, to regulate and control all aspects of employment in their business organi3ations. Such aspects of ^ ^
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 65 of 75
a. b.
)he important element is that the act must be committed in relation to the employeeCs wor!. 8lements/ a. an improper act b. willful in nature c. of a grave and aggravated character d. wor! related ^ W!##&@# D!so*e$!e ce )o constitute disobedience, the employeeCs conduct must be willful or intentional.
)he employerCs right to conduct the affairs of his business, according to its own discretion and judgment, includes the prerogative to instill discipline in its employees and to impose penalties, including dismissal, upon erring employees. )his is a management prerogative where the free will of management to conduct its own affairs to achieve its purpose ta!es form. )he only criterion to guide the e&ercise of its management prerogative is that the policies, rules and regulations on wor!9related activities of the employees must always be fair and reasonable and the corresponding penalties, when prescribed, commensurate to the offense involved and to the degree of the infraction. 4St. MichaelCs .nstitute vs. Santos, >. ,. (o. 1 -#6B, 1ec. , #BB1M +onsolidated =ood +orporation vs. (,*+, ;1- S+,A 1#9, 1;9 K1999L7. .nstilling discipline among its employees is a basic management right and prerogative. Management may lawfully impose reasonable penalties such as dismissal upon an employee
.t is characteri3ed by a wrongful and perverse mental attitude rendering the employeeCs act inconsistent with the proper subordination. )he orders, regulation or instruction of the employer against which the employee willfully disobeys must be/ a. b. c. d. reasonable and lawful refers both to the !inds and character of the direction and commands and the manner in which they are made of given sufficiently !nown to the employee in connection with the duties which the employee has been engaged to discharge
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 66 of 75
3.2 A%TA-R,F() CA%"(" 1Art. 2:32 1. #. ;. . .nstallation of *abor9Saving 1evices ,edundancy ,etrenchment to ?revent *osses +losing or +essation of $peration of the 8stablishment or Hnderta!ing H(*8SS the closing is for the purpose of circumventing the provisions of law.
OTHER AUTHORIOED CAUSES? -. ". 7. 6. 9. 1B. 11. 1#. 1;. 1 . 1-. 1". 17. 16. )otal and ?ermanent 1isability of An 8mployee 1isease (ot +urable in Si& Months :alid Application of a Hnion Security +lause 8&piration of ?eriod in )erm 8mployment +ompletion of ?roject in ?roject 8mployment =ailure in ?robation Sale Amounting to +losure of 0usiness ,elocation of 0usiness to a 1istant ?lace 1efiance of ,eturn9to9<or! $rder +ommission of .llegal Acts in a Stri!e (on9feasible ,einstatement =loating Status or $ff91etail 0eyond Si& Months ,esignation :iolation of a +ontractual +ommitment e.g. being a consultant to a competitor 19. ,etirement #B. 1eath of employee ^ I st"##"t!o o& L"*or0S"5! ' De5!ces
8lements/ a. the breach must be wor!9relatedM and b. the position must be impressed with trust and confidence 4employee has custody over the funds, money or other property of the company7 I)7ort" t? Management has wider discretion in terminating employees holding position impressed with trust and confidence. 0reach is said to be willful if intentional, if done !nowingly, deliberately and without justifiable e&cuse. ^ ^ ^ Co))!ss!o o& " Cr!)e or " O&&e se
+onviction is not necessary to effect termination on this ground. )he 2uantum of evidence is merely substantial evidence. Ot6er A "#o'o@s C"@ses )hese are causes that are in one or more respects similar to the above9mentioned causes, and have been delivered by the S+. )he following were held to be just causes.
,eduction of the number of wor!ers in a companyCs factory made necessary by the introduction of machinery in the manufacture of its products is justified. )here can be no 2uestion as to the right of the manufacturer to use new labor9saving devices with a view to effecting more economy and efficiency in its method of production. Re$@ $" c+
1. A*" $o )e t 9 prolonged absence is not alone a sufficient basis to say that an employee has abandoned his wor!. Absences must also fall under gross and habitual neglect. )he immediate filing of a complaint for illegal dismissal against an employer, with a prayer for
,edundancy e&ists where the services of an employee are in e&cess of what is reasonably demanded by the actual re2uirement of the enterprise. )he following are the causes of redundancy/ o $ver9hiring of wor!ers
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 67 of 75
o o o o
TERMINATION OF ACADEMIC PERSONNEL 4Manual of ,egulation of ?rivate Schools shall govern and suppletorily by the *abor +ode7 ^ 1. Section 9 Schools/ 4#7 of the Manual of ,egulation of ?rivate
Retre c6)e t to Pre5e t Losses ReG@!s!tes &or " 4"#!$ Retre c6)e t? a. )he retrenchment is necessary to prevent losses and such losses are provenM b. <ritten notice to the employees and to the 1epartment of *abor and 8mployment at least one moth prior to the intended date of retrenchmentM and c. ?ayment of separation pay e2uivalent to one moth pay or at least ] month pay for every year of service, whichever is higher. Fo@r St" $"r$s o& Retre c6)e t? a. b. )he losses e&pected should be substantial and not merely de minimis in e&tent. )he substantial loss apprehended must be reasonably imminent, as such imminence can be perceived objectively and in good faith by the employer. ,etrenchment must be reasonably necessary and li!ely to effectively prevent the e&pected losses. Alleged losses, if already reali3ed, and the e&pected imminent losses sought to be forestalled, must be proven by sufficient and convincing evidence. C#os@re o& B@s! ess ^ +losure of business is allowed whether or not the business is losing. .f the business is not losing but its owner, for reasons of his own, wants to get out of the business, he in good faith can lawfully do so anytime. Fust as no law forces anyone to go into business, no law compels anybody to stay in business. )he prevailing rule now is that in case of closure due to serious business losses, then the employer is not under any obligation to give its employees separation pay. A!#)e t or D!se"se ReG@!s!tes? a. )he employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co9employees. )here is a certification by a competent public health authority that the disease is of such nature or at such a stage that is cannot be cured within a period of si& months even with proper medical treatment. 1.
1isgraceful or .mmoral +onduct .mmoral +onduct 9 any act that is inimical to the public welfare and policy as e&pressed in law. 1isgraceful +onduct 9 that scandalous, or dishonorable. which is shameful, in the
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.ncompetence
(egligence in Neeping School and Student ,ecords or )ampering with or =alsification of )hese ,ecords 0eing (otoriously Hndesirable. Selling of )ic!ets or +ollection of Any +ontribution in Any =orm or for Any ?urpose or ?rojects <hatsoever, whether voluntary or otherwise 8D+8?) >irl or 0oy Scout Membership =ees among others
c. d.
REQUISITES FOR 4ALID TERMINATION 1. #. ?rocedural ,e2uirementsM A(1 Substantial ,e2uirements such as the e&istence of a just or authori3ed cause >UST CAUSES CD.O. No. - Iss@e$ >@ e 2., .--/D <ritten notice served on the employee specifying the ground for termination, and giving to such employee reasonable opportunity within which to e&plain his side. Krule DD..., section 1 4a7 L <ritten notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. Krule DD..., section # 417 4b7L
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)here must be a hearing or conference during which the employment concerned, with the assistance of counsel if the employee so desires, so that he may be given an opportunity to respond to the charge, present his evidence or rebut the evidence presented against him. As long as the substantive re2uirements are complied with, the termination is valid, but defective. )he employer may be held liable for indemnity in the form damages, for not having complied with the procedural aspect of due process. .f only the procedural re2uirements and not the substantial re2uirements are complied with, the dismissal is invalid and illegal. .t is a deprivation of an employee of his right to due process. AUTHORIOED CAUSES
b.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 68 of 75
1.
Serve a written notice upon the wor!er at least one month before the intended date of the termination. 1.$. (o. 9 states %;B days.'
)his is to inform the employee of the impending loss of his employment, thus enable him to loo! for a fallbac! position at the earliest opportunity. #. Serve a written notice upon the 1epartment of *abor and 8mployment at least one month or ;B days before the intended date thereof. )his is in order for the 1$*8 to/ a. 1etermine the validity of the dismissalM and b. )o intervene for a possible conciliation or mediation )o give Separation ?ay where warranted or applicable. PRE4ENTI4E SUSPENSION ^ )he right to impose preventive suspension is a management prerogative although it is not found in the *+. .t is found in its implementing and regulations. ;.
4"#!$ S@s7e s!o ? .f the employees continued employment poses a serious and imminent threat to the life and or property of the employer or of his co9wor!ers. 4section ;, rule D.:, boo! :7 .t is not a form of penaltyM it is more of a protective measure underta!en by the employer. $ne cannot impose a penalty because the employee cannot be punished without due process. .n practice, preventive suspension notice should be in writing. Ma&imum ?eriod/ ;B days )he employer shall thereafter a7 ,einstate the wor!er in his former or in a substantially e2uivalent positionM or b7 )he employer may e&tend the period of suspension, provided that during the period of e&tension, he pays the wages and other benefits due to the wor!er concerned. .n such a case, the wor!er shall not be bound to reimburse the amount paid to him during the e&tension if the employer decides, after completion of the hearing, to dismiss the wor!er.
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 69 of 75
>eneral ,ule/ ,estoration of the employee to his previous position or to a substantially e2uivalent position without loss of seniority rights and other privileges. 8&ceptions/ a. strained relationship b. it is legally or physically impossible c. because of supervening events d. when employee voluntarily opts to be awarded separation pay ;. 1amages particularly moral and e&emplary where warranted
CORPORATE OFFICERS ^ )hree 4;7 officers which a corporation must have under the statute/ president, secretary, and treasurer. @owever, the law does not limit corporate officers to these three. Section #- of the +orporation +ode gives corporations the widest latitude to provide for such other offices, as they may deem necessary. )he by9laws may and usually do provide for such other officers, e.g., vice president, cashier, auditor, and general manager. +onse2uently, the Supreme +ourt has held that one who is included in the by9laws of a corporation in its roster of corporate officers is an officer of said corporation and not a mere employee.
EFFECT OR DISMISSAL ^
Article #79, *+/ .n cases of regular employment, the employer shall not terminate the services of an employee e&cept for a just cause or when authori3ed by this )itle. An employee who is unjustly dismissed from wor! shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full bac!wages, inclusive of allowances, and to his other benefits to their monetary e2uivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. .n a host of cases, the court has upheld the employeeCs right to security of tenure in the face of oppressive management behavior and management prerogative. Security of tenure is a right which may not be denied on mere speculation of any unclear and nebulous basis. OF AN ILLE3ALL( DISMISSED
?ersons *iable/ Art. #69. <ho are liable when committed by other than natural person. 9 .f the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity. 0? "6 4+orporation +ode of the ?hilippines7 Sec& 3"& Liability of directors! trustees or officers& 1 9irectors or trustees /ho /illfully and 0no/in4ly vote for or assent to patently unla/ful acts of the corporation or /ho are 4uilty of 4ross ne4li4ence or bad faith in directin4 the affairs of the corporation or ac:uire any personal or pecuniary interest in conflict /ith their duty as such directors or trustees shall be liable jointly and severally for all dama4es resultin4 therefrom suffered by the corporation! its stoc0holders or members and other persons& >eneral ,ule/ $fficers of a corporation are not personally liable for their official acts unless it is shown that they have e&ceeded their authority. 8&ceptions/ a7 S<here the incorporators and directors belong to a single family, the corporation and its
RI3HTS EMPLO(EE 1.
0ac!wages 9 the salary that the employee would have earned had he no been illegally dismissed. .t is computed from the date of the illegal dismissal up to the date of the
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 70 of 75
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Hnless they have e&ceeded their authority, corporate officers are, as a general rule, not personally liable for their official acts, because a corporation, by legal fiction, has a personality separate and distinct from its officers, stoc!holders and members. @owever, this fictional veil may be pierced whenever the corporate personality is used as a means of perpetuating a fraud or an illegal act, evading an e&isting obligation, or confusing a legitimate issue. .n cases of illegal dismissal, corporate directors and officers are solidarily liable with the corporation, where terminations of employment are done with malice or in bad faith. 40ogo9Medellin Sugarcane ?lanters Association v. (*,+, >.,. (o. 976 " September #-, 19967
BASIS ^ Article #6"/ 8mployment is deemed not terminated when there is/ 1. 0ona9fide suspension by the employer of the operation of his business or underta!ing for a period not e&ceeding si& 4"7 monthsM #. =ulfillment by the employee of a military dutyM or ;. =ulfillment by the employee of a civic duty. ^ Sec .1#, ,ule, 0oo! :./
)he employer9employee relationship shall be deemed suspended in case of suspension of operation of the business or underta!ing of the employer for a period not e&ceeding si& 4"7 months, unless the suspension is for the purpose of defeating the rights of the employees under the +ode, and in case of mandatory fulfillment by the employee of a military or civic duty. )he payment of wages of the employee as well as the grant of other benefits and privileges while he is on a military or civic duty shall be subject to special laws and decrees and to the
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 71 of 75
DISTIN3UISH &ro) STOPPA3E o& WOR: OR SUSPENSION o& OPERATION ^ Art. 1#64c7 )he Secretary of *abor and 8mployment may li!ewise order stoppage of wor! or suspension of operations of any unit or department of an establishment when there is non9compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor!ers in the wor!place. <ithin twenty9four hours, a hearing shall be conducted to determine whether an order for the stoppage of wor! or suspension of operations shall be lifted or not. .n case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of wor! or suspension of operation. TEMPORAR( OR PERIODIC SHUTDOWN " $ TEMPORAR( CESSATION OF WOR: ^ Section 7, ,ule .:, 0oo! ... )emporary or periodic shutdown and temporary cessation of wor!. 4a7 .n cases of temporary or periodic shutdown and temporary cessation of wor! of an establishment, as when a yearly inventory or when the repair or cleaning of machineries and e2uipment is underta!en, the regular holidays falling within the period shall be compensated in accordance with this ,ule. 4b7 )he regular holiday during the cessation of operation of an enterprise due to business reverses as authori3ed by the Secretary of *abor and 8mployment may not be paid by the employer. G5or To ics No. 1@-1:. "ee addendu!H .-. >URISDICTION OF THE LABOR ARBITER
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Appeal/ (*,+, then +A 4Special +ivil Action under ,ule "-7, then S+ 4+ertiorari under ,ule -7
SCOPE OF >URISDICTION Cre&er to " .0B "*o5eD CONCURRENT >URISDICTION o& OTHER A3ENCIES ^ Art. 1#6/ :isitorial and enforcement powers. 5 4a7 )he Secretary of *abor and 8mployment or his duly authori3ed representatives, including labor regulations officers, shall have access to employerTs records and premises at any time of the day or night whenever wor! is being underta!en therein, and the right to copy therefrom, to 2uestion any employee and to investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this +ode and of any labor law, wage order or rules and regulations issued pursuant thereto. 4b7 )he provisions of Article #17 of this +ode to the contrary notwithstanding and in cases where the relationship of employer9employee still e&ists, the Secretary of *abor and 8mployment or his duly authori3ed representatives shall have the power to order and administer, after due notice and hearing, compliance with the labor standards provisions of this +ode and other
ORI3INAL " $ EXCLUSI4E >URISDICTION OF LA ^ Art. #17 Furisdiction of *abor Arbiters and the +ommission. 5 4a7 8&cept as otherwise provided under this +ode, the *abor Arbiters shall have original and e&clusive jurisdiction to hear and decide, within thirty 4;B7 calendar days after the submission of the case by the parties for decision without e&tension, even in the absence of stenographic notes, the following
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 72 of 75
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Art. 1#9/ ,ecovery of wages, simple money claims and other benefits. 5 Hpon complaint of any interested party, the ,egional 1irector of the 1epartment of *abor and 8mployment or any of the duly authori3ed hearing officers of the
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 73 of 75
Art. #"#.Furisdiction over other labor disputes. 5 )he voluntary arbitrator or panel of voluntary arbitrators, upon agreement of the parties, shall also hear and decide all other labor disputes including unfair labor practices and bargaining deadloc!s. 4As added by ,A "71-7 Appeal/ +A 4?etition for ,eview under ,ule ;7, then S+ 4+ertiorari under ,ule -7 Art. #";. 4g7 <hen, in his opinion, there e&ists a labor dispute causing or li!ely to cause a stri!e or loc!out in an industry indispensable to the national interest, the Secretary of *abor and 8mployment may assume jurisdiction over the dispute and decide it or certify the same to the +ommission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending stri!e or loc!out as specified in the assumption or certification order. .f one has already ta!en place at the time of assumption or certification, all stri!ing or loc!ed out employees shall immediately return to wor! and the employer shall immediately resume operations and readmit all wor!ers under the same terms and conditions prevailing before the stri!e or loc!out. )he Secretary of *abor and 8mployment or the +ommission may see! the assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same.
.n line with the national concern for and the highest respect accorded to the right of patients to life and health, stri!es and loc!outs in hospitals, clinics and similar medical institutions shall, to every e&tent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be e&hausted to substantially minimi3e, if not prevent, their adverse effects on such life and health, through the e&ercise, however legitimate, by labor of its right to stri!e and by management to loc!out. .n labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the stri!ing union or loc!ing9 out employer to provide and maintain an effective s!eletal wor!force of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and ade2uate protection of the life and health of its patients, most especially emergency cases, for the duration of the stri!e or loc!out. .n such cases, therefore, the Secretary of *abor and 8mployment may immediately assume, within twenty four 4# 7 hours from !nowledge of the
.t is settled jurisprudence that a cause of action has three elements, to wit/ 1. #. ;. a right in favor of the plaintiff by whatever means and under whatever law it arises or is createdM an obligation on the part of the named defendant to respect or not to violate such rightM and an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.
LABOR DISPUTE CLAD Art. #1# / 4l7 S*abor disputeS includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fi&ing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the pro&imate relation of employer and employee. INTRA0CORPORATE DISPUTE CRTCD
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 74 of 75
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_A fortiori, the decision or award of the voluntary arbitrator or panel of arbitrators should li!ewise be appealable to the +ourt of Appeals, in line with the procedure outlined in ,evised Administrative +ircular (o. 199-, just li!e those of the 2uasi9judicial agencies, boards and commissions enumerated therein.
C"se L"%? Article #"1 of the *abor +ode accordingly provides for e&clusive original jurisdiction of such voluntary arbitrator or panel of arbitrators over 417 the interpretation or implementation of the +0A and 4#7 the interpretation or enforcement of company personnel policies. Article #"# authori3es them, but only upon agreement of the parties, to e&ercise jurisdiction over other labor disputes. $n the other hand, a labor arbiter under Article #17 of the *abor +ode has jurisdiction over the following enumerated cases/ . . . 4a7 8&cept as otherwise provided under this +ode the *abor Arbiters shall have original and e&clusive jurisdiction to hear and decide, within thirty 4;B7 calendar days after the submission of the case by the parties for decision without e&tension, even in the absence of stenographic notes, the following cases involving all wor!ers, whether agricultural or non9agricultural/ 1. #. ;. Hnfair labor practice casesM )ermination disputesM .f accompanied with a claim for reinstatement, those cases that wor!ers may file involving wages, rates of pay, hours of wor! and other terms and conditions of employmentM
If you know your enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle SUN TZU 75 of 75