Académique Documents
Professionnel Documents
Culture Documents
Sexual Harassment
How committed?
o Demands, requests, or otherwise requires any sexual favor
from the other regardless of whether the demand or
request or requirement for submission is accepted by the
object of the said act.
o Work related or employment: sexual favor is made as a
condtion for hiring, re employment, continued
employment, granting favorable compensation, terms,
conditions, promotions, privileges.
o Education of training environment: against who is under
the care, custody or supervision, entrusted, condtion to
giving passing grade, granting honors, scholarship,
stipend, allowance or others.
o When results in intimidating, hostile, offensive r trainee or
apprentice
Where?
o In work or taining education environment
Who commits?
o Employer
o Employee
o Manager
o Supervisor
o Agent of employer
o Teacher
o Instructor
o Professor
o Coach
o Trainor
o Anyone with authority, influence or moral
Definition
When committed (WET)
Work related, education related, training related
4. CARP
Agricultural tenant vs agri worker
o Agricultural tenant the physical possession by a person of
land devoted to agriculture, belonging to another for the
purpose of production through the labor of the former and
of the members of his immediate farm household in
consideration of which the former agrees to share the
harvest with the latter or to pay a price certain or
ascertainable, either in produce or in money, or in both.
Means a person who by himself and with the aid available
from within his immediate farm household, cultivates the
land belonging to, or possessed by, another with the
latters consent.
Test to determine tenancy relationship
Procedure:
1. Identification by the DAR of the land, landowner and
beneficiary;
2. Notice by the DAR to the landowner about the
compulsory acquisition and the price offer by mail and
posting in brgy hall and municipal hall
3. Reply by the landowner about his acceptance or
rejection of the offered price.
-If LO accepts price, LBP will pay LO within 30 days from
execution and delivery of Deed of Transfer
-If LO rejects, DAR will determine just compensation thru
administrative proceedings;
If LO disagrees with the decision of the DAR, he may bring
the matter to the regular courts of justice for final
determination of just compensation.
4. Taking of immediate possession of the land by the DAR.
- If LO receives the corresponding payment; or
-If LO does not respond to the Notice of Acquisition.
Disturbance compensation
Coverage, distribution, acquisition
COVERAGE:
(a) All alienable and disposable lands of the public domain
devoted to or suitable for agriculture. No reclassification of forest
or mineral lands to agricultural lands shall be undertaken after
the approval of this Act until Congress, taking into account
ecological, developmental and equity considerations, shall have
determined by law, the specific limits of the public domain;
b) All lands of the public domain in excess to the specific limits as
determined by Congress in the preceding paragraph;
c) All other lands owned by the Government devoted to or
suitable for agriculture;
d) All private lands devoted to or suitable for agriculture
regardless of the agricultural
ACQUISITION:
All remaining agricultural lands during the 5 yr extension period
up to June 30, 2014, in the following order of priority:
a.
Lands with an area of more than 50 hectares, specifically:
1.
Those subjected to Notice of Coverage on or before 12-1008
2.
Rice and corn lands
3.
Idle or abandoned lands
4.
Private lands voluntarily offered
5.
Lands foreclosed
6.
Lands acquired by the PCGG
7.
All other lands owned by the government devoted to or
suitable for agriculture
b.
Lands with an area of 24 hectares up to 50 hectares,
specifically:
c.
Lands with an area of more than 10 hectares up to 24
hectares
d.
Lands from the retention limit up to 10 hectares.
Qualified beneficiaries only farmers and regular farmworkers
actually tilling the lands, as certified under oath by the BARC and
attested under oath by the landowners.
DISTRIBUTION:
The lands covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay, or in the
absence thereof, landless residents of the same municipality in
the following order of priority:
(a) agricultural lessees and share tenants;
(b) regular farm workers;
(c) seasonal farm workers;
(d) other farm workers;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries; and
(g) others directly working on the land.
Provided, however, That the children of landowners who are
qualified under Section 6 of this Act shall be given preference in
the distribution of the land of their parents; and: Provided,
further, that actual tenant -tillers in the landholding shall not be
ejected or removed therefrom.
5. TERMS
Reasonable nexus rule
6.
Absence
Presence
Disability/death
Death
Night pass
Dispatch
Peace keeping
Death
Compesable
Solo parent act
Definition
7.
8. Maternity Benefits
Limitation:
No compensation shall be allowed to the employee or his dependents
when the injury, sickness, disability, or death was occasioned by
any of the following:
(1) his intoxication;
(2) his willful intention to injure or kill himself oranother; or
(3) his notorious negligence
(4)As otherwise provided by law