Académique Documents
Professionnel Documents
Culture Documents
EXCEPT:
the working days in the establishment as a
MATERNITY LEAVE
MATERNITY LEAVE UNDER THE SSS LAW
PATERNITY LEAVE
R.A. 8187, Paternity Leave Act of 1996
COVERAGE
R.A. 8187 grants 7 working days of paternity
leave with full pay to married male employees
in the private and public sectors. (Sec. 1(a),
RA 8187 IRR)
support.
Sec.25. Public Crime - Violence against
women and their children shall be considered
a public offense which may be prosecuted
upon the filing of a complaint by any citizen
having
personal
knowledge
of
the
circumstances involving the commission of the
crime.
SERVICE CHARGES
Service charges apply only to establishments
collecting service charges such as hotels,
restaurants, lodging houses, night clubs,
cocktail lounge, massage clinics, bars, casinos
and gambling houses, and similar enterprises,
including those entities operating primarily as
private subsidiaries of the Government.
COVERAGE:
ALL
EMPLOYEES
OF
COVERED
EMPLOYERS, regardless of their positions,
designations or employment status, and
irrespective of the method by which their
wages are paid, are entitled to service
charges. (IRR Section 2, Rule VI, Book 3)
EXCLUSION :
Managerial employees are excluded.
DISTRIBUTION
pending.
AVAILMENT
EXCLUSIONS or EXEMPTIONS
COVERAGE OF 13TH MONTH PAY
FROM
exceeding 16 days
Supervisors share in the 15%. (LC speaks of
management,
and
not
managerial
employees.)
INTEGRATION
In case the service charge is abolished, the
share of covered employees shall be
considered integrated in their wages.
2.
Employers
already
paying
their
employees 13th month pay or more in a
calendar year or its equivalent at the time
of issuance of PD 851;
TIPS
The pooled tips should be monitored,
accounted for and distributed in the same
manner as the service charges. (DOLE
Handbook on Workers Statutory Monetary
Benefits)
4. Distressed employers:
BUT EXCLUDE:
ALL allowances and monetary benefits which
are NOT considered or integrated as part of
the regular or basic salary, such as the cash
equivalent of unused vacation and sick leave
credits, overtime premium, night differential
and holiday pay, and cost-of-living allowances.
Section4(a),paragraph4.TheRevisedGuidelines
ontheImplementationof the 13th month pay
issued on November 16, 1987.
WOMEN WORKERS
NIGHTWORK PROHIBITION
No woman , regardless of age, shall be
employed or permitted or suffered to work, with
or without compensation in any :
1. Industrial undertaking between 10PM-6AM
2. Commercial/Non-Industrial
undertaking
between 12 MN-6AM
3. Agricultural undertaking at nighttime
unless, she is given a period of rest of not
less than 9 consecutive hours.
EXCEPTIONS
DISCRIMNATION PROHIBITED
It shall be unlawful for any employer to
discriminate against any woman employee with
SPECIAL
GYNECOLOGICAL
LEAVE
BENEFITS OF TWO (2) MONTHS WITH
FULL PAY BASED ON GROSS MONTHLY
COMPENSATION
to
work,
with
or
MINOR WORKERS
without
Exception
and
condition
on
employment of a child below 15:
the
PROHIBITION
AGAINST
CHILD
DISCRIMINATION. -- No employer shall
discriminate against any person in respect to
terms and conditions of employment on
account
of
his
age
a. employment
does
not
involve
advertisements
or
commercials
promoting
alcoholic
beverages,
intoxicating drinks, tobacco and its byproducts or exhibiting violence;
b. There is a written contract approved by
the DOLE; and
c. The conditions prescribed for the
employment of minors {above stated}
are met.
NOTE: In the above-exceptional cases where
any such child may be employed, the employer
shall first secure, before engaging such child, a
work permit from the Department of Labor and
Employment which shall ensure observance of
the above requirements. (Rep. Act. No. 9231).
COMPARISONS: ( RA 9231)
A child below Allowed to work for not
15
more than 20 hours a
week. Provided, the work
shall not be more than 4
hours in a day.
Shall not be allowed to
work between 8pm and 6
am of the following day.
NONHAZARDOUS
WORK
OR
UNDERTAKING
one where the employee is not exposed to
any risk which constitutes an imminent danger
to his safety and health.
HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the
workers to dangerous environmental
elements, contaminants or work conditions;
2. Where the workers are engaged in
construction work, logging, fire-fighting,
mining, quarrying, blasting, stevedoring,
dock work, deep-sea fishing, and
mechanized farming;
EMPLOYMENT OF HOUSEHELPERS
RIGHTS OF HOUSEHELPERS:
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INDUSTRIAL HOMEWORK
11. funeral
1. Formation
3. Prohibitions
for
Homework
ILLEGAL RECRUITMENT
(Sec. 5 RA No. 10022, AN ACT AMENDING
REPUBLIC ACT NO. 8042, OTHERWISE
KNOWN AS THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995, AS
AMENDED, FURTHER IMPROVING THE
STANDARD OF PROTECTION OF THE
WELFARE OF MIGRANT WORKERS, THEIR
FAMILIES AND OVERSEAS FILIPINOS IN
DISTRESS, AND FOR OTHER PURPOSES)
HOMEWORKER
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12
e)
f)
g)
h)
i)
j)
k)
l)
principals,
accomplices
and
AND
PLACEMENT
OF
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Canvassing;
Enlisting;
Transporting;
Contracting;
Hiring;
Utilizing or;
Procuring workers; and
Includes Contract services, Referrals,
Advertising,
or
Promising
for
employment, locally or abroad, whether
for profit or not, when undertaken by a
non-licensee or non-holder of authority;
PROVIDED, that any person or entity
which, in any manner, offers or
promises for a fee employment to two
or more persons shall be deemed
engaged in recruitment and placement.
APPRENTICESHIP
Apprenticeship is the practical on-the-job
training as supplemented by related
theoretical instruction.
APPRENTICE - worker who is covered by a
written apprenticeship agreement with an
individual employer or any of the entities
recognized under this chapter.
APPRENTICEABLE OCCUPATION - any
trade, form of employment or occupation which
requires more than 3 months of practical
training on the job supplemented by related
theoretical instruction.
APPRENTICESHIP AGREEMENT - an
employment contract wherein the employer
binds himself to train the apprentice and the
apprentice in turn accepts the terms of training.
representatives
4. The POEA
5. Construction contractors if authorized by
the DOLE and the Construction Industry
Authority
Qualifications of an Apprentice
14
apprenticeship only in
occupations and the
agreement shall be signed
the parent or guardian
representative of DOLE.
non-hazardous
apprenticeship
in his behalf by
or authorized
aptitude/
appropriate test
capacity
2. vocational
for
EMPLOYMENT OF APPRENTICES
hire
apprentices
and
only
in
LEARNERS
Learners are persons hired as trainees in
semi-skilled and other industrial occupations
which are non-apprenticeable and may be
learned through practical training on the job
in a relatively short period of time which
shall not exceed three months.
NATURE
PERIOD
COMMITMENT TO
15
APPRENTICE
-SHIP
highly
technical
Six (6) months
At option of
employer
LEARNERS
semi skill;nonapprenticeable
Three
(3)
months
At option of
learner
HIRE
WAGES
DOLE
APPROVAL
DEDUCTION FOR
EXPENSE
S
May be paid or
not; if paid,
75% of
minimum
YES, DOLE
approval is
essential
Yes, expenses
for training
deductible
from income
tax
Must
always
be paid; 75%
of minimum
No,
DOLE
approval
not
required;
inspection only
None.
Disabled Persons]
disabled
employees
shall
be
benefits,
fringe
benefits,
HANDICAPPED/DISABLED WORKERS
Qualified
benefits,
fringe
benefits,
acquire
the
status
of
regular
employee.
Duration of employment - no minimum, no
maximum. Dependent on agreement but is
necessary that there is a specific duration
16
Where
reinstatement is no longer desirable or viable
in view of strained relations between the
parties, then separation pay is an acceptable
alterative to reinstatement. Computation: one
month for every year of service, computed
from date of hiring until finality of the .Decision
finding for illegal termination.
CASE:
DIFFERENCE
BETWEEN
17
adequate,
immediate, and necessary medical and dental
attention or remedy given in case of injury or
illness suffered by a worker during
employment, irrespective of whether or not
such injury or illness is work-connected, before
a more extensive medical and/or dental
treatment can be secured.
FIRST AIDER any person trained and duly
certified as qualified to administer first aid by
the Phil. National Red Cross or by any other
organization accredited by the former.
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or disease.
EMPLOYEES
COMPENSATION
LAW
a
of
No presumption of
compensability
No presumption
aggravation
Payment
of
compensation made
by the employer
Payment
of
compensation made
by SSS/GSIS through
the State Insurance
Fund
of
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EXTENT OF LIABILITY
Simultaneous recovery under the Labor
Code and the Civil Code cannot be made.
The action is selective and the employee may
either choose to file the claim under either.
But once the election is made, the claimant
cannot opt for the other remedy.
DEPENDENTS:
1. The legitimate, legitimated, legally adopted
or acknowledged natural child who is
unmarried, not gainfully employed and not
over 21 years of age or over 21 years of
age provided that he is incapable of selfsupport due to a physical or mental defect
which is congenital or acquired during
minority
2. Legitimate spouse living with the employee
3.
The parents of said employee wholly
dependent upon him for regular support
BENEFITS
1. For life to the primary beneficiaries,
guaranteed for five years
2. For not more than 60 months to the
secondary beneficiaries in case there are
no primary beneficiaries
3. In no case shall the total benefit be less that
P 15, 000.00
PRIMARY BENEFICIARIES
a) Dependent spouse until he remarries
b) Dependent children (legitimate, legitimated,
natural born or legally adopted)
SECONDARY BENEFICIARIES
a) Illegitimate
children
and
legitimate
descendants
b) Parents, grandparents, grandchildren
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