State Policies with respect to Labor Law:1987 ConstitutionArt.
II, Sec. 5The maintenance of peace and order, the protection of
life, liberty, and property, and promotion of the general welfare
are essential for the enjoyment by all the people of the blessings
of democracy.Art. II, Sec. 9The State shall promote a just and
dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of
life for all.Art. II, Sec. 10The State shall promote social justice
in all phases of national development.Art. II, Sec. 11The State
values the dignity of every human person and guarantees full
respect for human rights.Art. II, Sec. 13The State recognizes the
vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic
affairs.Art. II, Sec. 14The State recognizes the role of women in
nation-building, and shall ensure the fundamental equality before
the law of women and men.Art. II, Sec. 18The State affirms labor as
a primary social economic force. It shall protect the rights of
workers and promote their welfare.Art. II, Sec. 20The State
recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed
investments.Art. III, Sec. 1No person shall be deprived of life,
liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.Art. III, Sec.
4No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably
to assemble and petition the government for redress of
grievances.Art. III, Sec. 8The right of the people, including those
employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall
not be abridged.Art. III, Sec. 18(2)No involuntary servitude in any
form shall exist except as a punishment for a crime whereof the
party shall have been duly convicted.Art. XIII, Sec. 1The Congress
shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity,
reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political
power for the common good.To this end, the State shall regulate the
acquisition, ownership, use, and disposition of property and its
increments.Art. XIII, Sec. 2The promotion of social justice shall
include the commitment to create economic opportunities based on
freedom of initiative and self-reliance.Art. XIII, Sec. 3
(Provision on Labor)The State shall afford full protection to
labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all.It
shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as
may be provided by law.The State shall promote the principle of
shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith
to foster industrial peace.The State shall regulate the relations
between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to expansion
and growth.Art. XIII, Sec. 14The State shall protect working women
by providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation.
BASIC RIGHTS OF WORKERS
1. Right to Security of TenureINNODATA PHILIPPINES INC. V.
QUEJADA-LOPEZFACTS Respondents filed a case for illegal dismissal
after they were terminated by Innodata after one year of
employment; Innodata contended that the respondents employment
contract was only for a fixed period of one year.HELD Fix-term
employment contracts by Innodata were invalid, as it was utilized
to avoid regularization of workers while circumventing the
employees right to security of tenure.
2. Right to Humane Conditions of WorkISAE vs. HON
QUISUMBINGFACTS ISAE pays its foreign-hires, a higher salary than
its local-hires.
HELD Discrimination exists in this case, contrary to the
Constitutional provision entitling labor to humane conditions of
work which here, refers to the manner by which employers treat
their employees. Where the relations between capital and labor are
often skewed in favor of capital, inequality and discrimination by
the employer are all the more reprehensible.
STATE POLICIES in other laws
Civil Code, Arts. 19-21Art. 19. Every person must, in the
exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good
faith.Art. 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter
for the same.Art. 21. Any person who wilfully causes loss or injury
to another in a manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damageCivil Code,
Arts. 1700-1701Art. 1700. The relations between capital and labor
are not merely contractual. They are so impressed with public
interest that labor contracts must yield to the common good.
Therefore, such contracts are subject to the special laws on labor
unions, collective bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and similar subjects.Art.
1701. Neither capital nor labor shall act oppressively against the
other, or impair the interest or convenience of the public.
LABOR STANDARDS LAW
LABOR CODE, ART. 3: The State shall afford protection to labor,
promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers
and employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure, and
just and humane conditions of work.
HOURS OF WORKLabor Code Art. 83NORMAL HOURS OF WORK- The normal
hours of work of any employee shall not exceed 8 hours a day.Health
personnel in cities and municipalities with a population of at
least 1M or in hospitals and clinics with a bed capacity of at
least 100 shall hold regular office hours for 8 hours a day, for 5
days a week, exclusive of time for meals, except where the
exigencies of the service require that such personnel work for 6
days or 48 hours, in which case they shall be entitled to an
additional compensation of at least 30% of their regular wage for
work on the 6th day. For purposes of this Article, health personnel
shall include resident physicians, nurses, nutritionists,
dieticians, pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives, attendants and
all other hospital or clinic personnel.
Labor Code Art. 84 (a)HOURS WORKED- Hours worked shall include
(a) all time during which an employee is required to be on duty or
to be at a prescribed workplace.Omnibus Rules, Book III, Rule I,
Sec. 3 (a)Hours worked- the following shall be considered as
compensable hours worked:(a)All time during which an employee is
required to be on duty or to be at the employers premises or to be
at a prescribed workplaceOmnibus Rules, Book III, Rule I, Sec. 4
(a)Principles in Determining Hours Worked- The following general
principles shall govern in determining whether the time spent by an
employee is considered hours worked for purposes of this
Rule:(a)All hours are hours worked which the employee is required
to give to his employer, regardless of whether or not such hours
are spent in productive labor or involve physical or mental
exertion
Labor Code Art. 84 (b)HOURS WORKED- Hours worked shall include x
xx (b) all time during which an employee is suffered or permitted
to work.Rest periods of short duration during working hours shall
be counted as hours worked.Omnibus Rules, Book III, Rule I, Sec. 3
(b)Hours worked.- The following shall be considered as compensable
hours worked:XXX(b) All time during which an employee is suffered
or permitted to work.
BREAKi. Short duration or coffee breakOmnibus Rules Impl. Labor
Code, Book III, Rule I, Sec. 7 par. 1Every employer shall give his
employees, regardless of sex, not less than one (1) hour time-off
for regular meals, except in the following cases when a meal period
of not less than twenty (20) minutes may be given by the employer
provided that such shorter meal period is credited as compensable
hours worked of the employee
ii. more than 20 minutes
Omnibus Rules Impl. Labor Code, Book III, rule I, Sec.
4(b)Principles in determining hours worked. The following general
principles shall govern in determining whether the time spent by an
employee is considered hours worked for purposes of this Rule:(b)
An employee need not leave the premises of the work place in order
that his rest period shall not be counted, it being enough that he
stops working, may rest completely and may leave his work place, to
go elsewhere, whether within or outside the premises of his work
place.
MEAL PERIODi. Regular Meal Period (1 hour)ARTICLE 85. Meal
periods. Subject to such regulations as the Secretary of Labor may
prescribe, it shall be the duty of every employer to give his
employees not less than sixty (60) minutes time-off for their
regular meals.
Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 7 par.
1Every employer shall give his employees, regardless of sex, not
less than one (1) hour time-off for regular meals, except in the
following cases when a meal period of not less than twenty (20)
minutes may be given by the employer provided that such shorter
meal period is credited as compensable hours worked of the
employee
ii. Shorter Meal Period (Less than one hour but not less than 20
minutes)Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 7
SECTION 7.Meal and Rest Periods. Every employer shall give his
employees, regardless of sex, not less than one (1) hour time-off
for regular meals, except in the following cases when a meal period
of not less than twenty (20) minutes may be given by the employer
provided that such shorter meal period is credited as compensable
hours worked of the employee:(a) Where the work is non-manual work
in nature or does not involve strenuous physical exertion;(b) Where
the establishment regularly operates not less than sixteen (16)
hours a day;(c) In case of actual or impending emergencies or there
is urgent work to be performed on machineries, equipment or
installations to avoid serious loss which the employer would
otherwise suffer; and(d) Where the work is necessary to prevent
serious loss of perishable goods.Rest periods or coffee breaks
running from five (5) to twenty (20) minutes shall be considered as
compensable working time.
WAITING TIME
Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec.
5(a)SECTION 5.Waiting time. (a) Waiting time spent by an employee
shall be considered as working time if waiting is an integral part
of his work or the employee is required or engaged by the employer
to wait.
WORKING WHILE ON CALLOmnibus Rules Impl. Labor Code, Book III,
Rule I, Sec. 5(b)(b) An employee who is required to remain on call
in the employer's premises or so close thereto that he cannot use
the time effectively and gainfully for his own purpose shall be
considered as working while on call. An employee who is not
required to leave word at his home or with company officials where
he may be reached is not working while on call.
INACTIVE DUE TO WORK INTERRUPTIONSSECTION 4. Principles in
determining hours worked. The following general principles shall
govern in determining whether the time spent by an employee is
considered hours worked for purposes of this Rule:(d) The time
during which an employee is inactive by reason of interruptions in
his work beyond his control shall be considered working time either
if the imminence of the resumption of work requires the employee's
presence at the place of work or if the interval is too brief to be
utilized effectively and gainfully in the employee's own
interest.
NECESSARY WORK AFTER NORMAL HOURS
Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec.
4(c)SECTION 4. Principles in determining hours worked. The
following general principles shall govern in determining whether
the time spent by an employee is considered hours worked for
purposes of this Rule:(c) If the work performed was necessary, or
it benefited the employer, or the employee could not abandon his
work at the end of his normal working hours because he had no
replacement, all time spent for such work shall be considered as
hours worked, if the work was with the knowledge of his employer or
immediate supervisor.
LECTURES, MEETINGS, TRAININGSOmnibus Rules Impl. Labor Code,
Book III, Rule I, Sec. 6SECTION 6.Lectures, meetings, training
programs. Attendance at lectures, meetings, training programs, and
other similar activities shall not be counted as working time if
all of the following conditions are met:(a) Attendance is outside
of the employee's regular working hours;(b) Attendance is in fact
voluntary; and(c) The employee does not perform any productive work
during such attendance.
OVERTIME WORK/PAYLabor Code Arts. 87-90ARTICLE 87. Overtime
work. Work may be performed beyond eight (8) hours a day provided
that the employee is paid for the overtime work, an additional
compensation equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. Work performed beyond eight
hours on a holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent (30%)
thereof.ARTICLE 88. Undertime not offset by overtime. Undertime
work on any particular day shall not be offset by overtime work on
any other day. Permission given to the employee to go on leave on
some other day of the week shall not exempt the employer from
paying the additional compensation required in this Chapter.ARTICLE
89. Emergency overtime work. Any employee may be required by the
employer to perform overtime work in any of the following cases:(a)
When the country is at war or when any other national or local
emergency has been declared by the National Assembly or the Chief
Executive;(b) When 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, earthquake, epidemic, or other
disaster or calamity;(c) When there is urgent work to be performed
on machines, installations, or equipment, in order to avoid serious
loss or damage to the employer or some other cause of similar
nature;(d) When the work is necessary to prevent loss or damage to
perishable goods; and(e) Where the completion or continuation of
the work started before the eighth hour is necessary to prevent
serious obstruction or prejudice to the business or operations of
the employer.Any employee required to render overtime work under
this Article shall be paid the additional compensation required in
this Chapter.ARTICLE 90. Computation of additional compensation.
For purposes of computing overtime and other additional
remuneration as required by this Chapter, the regular wage of an
employee shall include the cash wage only, without deduction on
account of facilities provided by the employer.
a. Overtime in Ordinary Working Day
Labor Code Art. 87ARTICLE 87. Overtime work. Work may be
performed beyond eight (8) hours a day provided that the employee
is paid for the overtime work, an additional compensation
equivalent to his regular wage plus at least twenty-five percent
(25%) thereof. Work performed beyond eight hours on a holiday or
rest day shall be paid an additional compensation equivalent to the
rate of the first eight hours on a holiday or rest day plus at
least thirty percent (30%) thereof.Omnibus Rules Impl. Labor Code,
Book III, Rule I, Sec. 8SECTION 8. Overtime pay. Any employee
covered by this Rule who is permitted or required to work beyond
eight (8) hours on ordinary working days shall be paid an
additional compensation for the overtime work in the amount
equivalent to his regular wage plus at least twenty-five percent
(25%) thereof.b. Emergency or compulsory overtime work
Labor Code Art. 89ARTICLE 89. Emergency overtime work. Any
employee may be required by the employer to perform overtime work
in any of the following cases:(a) When the country is at war or
when any other national or local emergency has been declared by the
National Assembly or the Chief Executive;(b) When 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,
earthquake, epidemic, or other disaster or calamity;(c) When there
is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer
or some other cause of similar nature;(d) When the work is
necessary to prevent loss or damage to perishable goods; and(e)
Where the completion or continuation of the work started before the
eighth hour is necessary to prevent serious obstruction or
prejudice to the business or operations of the employer.Any
employee required to render overtime work under this Article shall
be paid the additional compensation required in this Chapter.
c. Undertime work/leave
Labor Code Art. 88ARTICLE 88. Undertime not offset by overtime.
Undertime work on any particular day shall not be offset by
overtime work on any other day. Permission given to the employee to
go on leave on some other day of the week shall not exempt the
employer from paying the additional compensation required in this
Chapter.
d. Additional Compensation
Labor Code Art. 87ARTICLE 87. Overtime work. Work may be
performed beyond eight (8) hours a day provided that the employee
is paid for the overtime work, an additional compensation
equivalent to his regular wage plus at least twenty-five percent
(25%) thereof. Work performed beyond eight hours on a holiday or
rest day shall be paid an additional compensation equivalent to the
rate of the first eight hours on a holiday or rest day plus at
least thirty percent (30%) thereof.
NIGHT WORKLabor Code Art. 86ARTICLE 86. Night shiftdifferential.
Every employee shall be paid a night shift differential of not less
than ten percent (10%) of his regular wage for each hour of work
performed between ten oclock in the evening and six oclock in the
morning.Omnibus Rules Impl. Labor Code, Book III, Rule II, Secs.
1-6SECTION 1.Coverage. This Rule shall apply to all employees
except:(a) Those of the government and any of its political
subdivisions, including government-owned and/or controlled
corporations;(b) Those of retail and service establishments
regularly employing not more than five (5) workers;(c) Domestic
helpers and persons in the personal service of another;(d)
Managerial employees as defined in Book Three of this Code;(e)
Field personnel and other employees whose time and performance is
unsupervised by the employer including those who are engaged on
task or contract basis, purely commission basis, or those who are
paid a fixed amount for performing work irrespective of the time
consumed in the performance thereof.SECTION 2.Night shift
differential. An employee shall be paid night shift differential of
no less than ten per cent (10%) of his regular wage for each hour
of work performed between ten o'clock in the evening and six
o'clock in the morning.SECTION 3.Additional compensation. Where an
employee is permitted or suffered to work on the period covered
after his work schedule, he shall be entitled to his regular wage
plus at least twenty-five per cent (25%) and an additional amount
of no less than ten per cent (10%) of such overtime rate for each
hour or work performed between 10 p.m. to 6 a.m.SECTION
4.Additional compensation on scheduled rest day/special holiday. An
employee who is required or permitted to work on the period covered
during rest days and/or special holidays not falling on regular
holidays, shall be paid a compensation equivalent to his regular
wage plus at least thirty (30%) per cent and an additional amount
of not less than ten (10%) per cent of such premium pay rate for
each hour of work performed.SECTION 5.Additional compensation on
regular holidays. For work on the period covered during regular
holidays, an employee shall be entitled to his regular wage during
these days plus an additional compensation of no less than ten
(10%) per cent of such premium rate for each hour of work
performed.SECTION 6.Relation to agreements. Nothing in this Rule
shall justify an employer in withdrawing or reducing any benefits,
supplements or payments as provided in existing individual or
collective agreements or employer practice or policy.
RA No. 10151, An Act Allowing the Employment of Night Workers,
Thereby Repealing Articles 130 and 131 of PD 442, as amended,
Otherwise Known as the Labor Code of the Philippines (26 July
2010)
Employment of Night WorkersArt. 154. Coverage. This chapter
shall apply to all persons, who shall be employed or permitted or
suffered to work at night, except those employed in agriculture,
stock raising, fishing, maritime transport and inland navigation,
during a period of not less than seven (7) consecutive hours,
including the interval from midnight to five oclock in the morning,
to be determined by the Secretary of Labor and Employment, after
consulting the workers representatives/labor organizations and
employers.Night worker means any employed person whose work
requires performance of a substantial number of hours of night work
which exceeds a specified limit. This limit shall be fixed by the
Secretary of Labor after consulting the workers
representatives/labor organizations and employers.Art. 155. Health
Assessment, At their request, workers shall have the right to
undergo a health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their
work:(a) Before taking up an assignment as a night worker;(b) At
regular intervals during such an assignment; and(c) If they
experience health problems during such an assignment which are not
caused by factors other than the performance of night work.With the
exception of a finding of unfitness for night work, the findings of
such assessments shall not be transmitted to others without the
workers consent and shall not be used to their detriment.Art. 156.
Mandatory Facilities. Suitable first-aid facilities shall be made
available for workers performing night work, including arrangements
where such workers, where necessary, can be taken immediately to a
place for appropriate treatment. The employers are likewise
required to provide safe and healthful working conditions and
adequate or reasonable facilities such as sleeping or resting
quarters in the establishment and transportation from the work
premises to the nearest point of their residence subject to
exceptions and guidelines to be provided by the DOLE.Art. 157.
Transfer. Night workers who are certified as unfit for night work,
due to health reasons, shall be transferred, whenever practicable,
to a similar job for which they are fit to work.If such transfer to
a similar job is not practicable, these workers shall be granted
the same benefits as other workers who are unable to work, or to
secure employment during such period.A night worker certified as
temporarily unfit for night work shall be given the same protection
against dismissal or notice of dismissal as other workers who are
prevented from working for reasons of health.Art. 158. Women Night
Workers. Measures shall be taken to ensure that an alternative to
night work is available to women workers who would otherwise be
called upon to perform such work:(a) Before and after childbirth,
for a period of at least sixteen (16) weeks, which shall be divided
between the time before and after childbirth;(b) For additional
periods, in respect of which a medical certificate is produced
stating that said additional periods are necessary for the health
of the mother or child:(1) During pregnancy;(2) During a specified
time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by
the DOLE after consulting the labor organizations and
employers.During the periods referred to in this article:(i) A
woman worker shall not be dismissed or given notice of dismissal,
except for just or authorised causes provided for in this Code that
are not connected with pregnancy, childbirth and childcare
responsibilities.(ii) A woman worker shall not lose the benefits
regarding her status, seniority, and access to promotion which may
attach to her regular night work position.Pregnant women and
nursing mothers may he allowed to work at night only if a competent
physician, other than the company physician, shall certify their
fitness to render night work, and specify, in the ease of pregnant
employees, the period of the pregnancy that they can safely
work.The measures referred to in this article may include transfer
to day work where this is possible, the provision of social
security benefits or an extension of maternity leave.The provisions
of this article shall not have the effect of reducing the
protection and benefits connected with maternity leave under
existing laws.Art. 159. Compensation. The compensation for night
workers in the form of working time, pay or similar benefits shall
recognize the exceptional nature of night work.Art. 160. Social
Services.Appropriate social services shall be provided for night
workers and, where necessary, for workers performing night
work.Art. 161. Night Work Schedules. Before introducing work
schedules requiring the services of night workers, the employer
shall consult the workers representatives/labororganizations
concerned on the details of such schedules and the forms of
organization of night work that are best adapted to the
establishment and its personnel, as well as on the occupational
health measures and social services which are required. In
establishments employing night workers, consultation shall take
place regularly.
NIGHT SHIFT DIFFERENTIALLabor Code Art. 86ARTICLE 86. Night
shift differential. Every employee shall be paid a night shift
differential of not less than ten percent (10%) of his regular wage
for each hour of work performed between ten oclock in the evening
and six oclock in the morning.Omnibus Rules Impl. Labor Code, Book
III, Rule II, Secs. 2-5SECTION 2.Night shift differential. An
employee shall be paid night shift differential of no less than ten
per cent (10%) of his regular wage for each hour of work performed
between ten o'clock in the evening and six o'clock in the
morning.SECTION 3.Additional compensation. Where an employee is
permitted or suffered to work on the period covered after his work
schedule, he shall be entitled to his regular wage plus at least
twenty-five per cent (25%) and an additional amount of no less than
ten per cent (10%) of such overtime rate for each hour or work
performed between 10 p.m. to 6 a.m.SECTION 4.Additional
compensation on scheduled rest day/special holiday. An employee who
is required or permitted to work on the period covered during rest
days and/or special holidays not falling on regular holidays, shall
be paid a compensation equivalent to his regular wage plus at least
thirty (30%) per cent and an additional amount of not less than ten
(10%) per cent of such premium pay rate for each hour of work
performed.SECTION 5.Additional compensation on regular holidays.
For work on the period covered during regular holidays, an employee
shall be entitled to his regular wage during these days plus an
additional compensation of no less than ten (10%) per cent of such
premium rate for each hour of work performed.
WEEKLY REST PERIODS
ARTICLE 91. Right to weekly rest day. (a) It 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 than twenty-four
(24) consecutive hours after every six (6) consecutive normal work
days.(b) The employer shall determine and schedule the weekly rest
day of his employees subject to collective bargaining agreement and
to such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect the
preference of employees as to their weekly rest day when such
preference is based on religious grounds.
WEEKLY REST PERIOD DEPENDENT ON PREFERENCE OF EMPLOYEE
Omnibus Rules Impl. Labor Code, Book III, Rule III, Secs.
4-5SECTION 4.Preference of employee. The preference of the employee
as to his weekly day of rest shall be respected by the employer if
the same is based on religious grounds. The employee shall make
known his preference to the employer in writing at least seven (7)
days before the desired effectivity of the initial rest day so
preferred.Where, however, the choice of the employee as to his rest
day based on religious grounds will inevitably result in serious
prejudice or obstruction to the operations of the undertaking and
the employer cannot normally be expected to resort to other
remedial measures, the employer may so schedule the weekly rest day
of his choice for at least two (2) days in a month.SECTION
5.Schedule of rest day. (a) Where the weekly rest is given to all
employees simultaneously, the employer shall make known such rest
period by means of a written notice posted conspicuously in the
work place at least one week before it becomes effective.(b) Where
the rest period is not granted to all employees simultaneously and
collectively, the employer shall make known to the employees their
respective schedules of weekly rest through written notices posted
conspicuously in the work place at least one week before they
become effective.
COMPULSORY WORK ON A REST DAY
ARTICLE 92. When employer may require work on a rest day. The
employer may require his employees to work on any day:(a) In case
of actual or impending emergencies caused by serious accident,
fire, flood, typhoon, earthquake, epidemic or other disaster or
calamity to prevent loss of life and property, or imminent danger
to public safety;(b) In cases of urgent work to be performed on the
machinery, equipment, or installation, to avoid serious loss which
the employer would otherwise suffer;(c) In the event of abnormal
pressure of work due to special circumstances, where the employer
cannot ordinarily be expected to resort to other measures;(d) To
prevent loss or damage to perishable goods;(e) Where the nature of
the work requires continuous operations and the stoppage of work
may result in irreparable injury or loss to the employer; and(f)
Under other circumstances analogous or similar to the foregoing as
determined by the Secretary of Labor and Employment.
PREMIUM PAY
ARTICLE 93. Compensation for rest day, Sunday or holiday work. -
(a) Where an employee is made or permitted to work on his scheduled
rest day, he shall be paid an additional compensation of at least
thirty percent (30%) of his regular wage. An employee shall be
entitled to such additional compensation for work performed on
Sunday only when it is his established rest day.(b) When the nature
of the work of the employee is such that he has no regular workdays
and no regular rest days can be scheduled, he shall be paid an
additional compensation of at least thirty percent (30%) of his
regular wage for work performed on Sundays and holidays.(c) Work
performed on any special holiday shall be paid an additional
compensation of at least thirty percent (30%) of the regular wage
of the employee. Where such holiday work falls on the employees
scheduled rest day, he shall be entitled to an additional
compensation of at least fifty per cent (50%) of his regular
wage.(d) Where the collective bargaining agreement or other
applicable employment contract stipulates the payment of a higher
premium pay than that prescribed under this Article, the employer
shall pay such higher rate.
HOLIDAYSArticle 94. Right to holiday pay.Every worker shall be
paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less than ten
(10) workers;The employer may require an employee to work on any
holiday but such employee shall be paid a compensation equivalent
to twice his regular rate; andAs used in this Article, "holiday"
includes: New Years Day, Maundy Thursday, Good Friday, the ninth of
April, the first of May, the twelfth of June, the fourth of July,
the thirtieth of November, the twenty-fifth and thirtieth of
December and the day designated by law for holding a general
election.
----------------------------------------------------------------Article
94.Right to holiday payEvery worker shall be paid his regular daily
wage during regular holidays, except in retail and service
establishments regularly employing less than ten (10) workers;Rule
IV, Sec. 1SECTION 1.Coverage. This rule shall apply to all
employees except:(a) Those of the government and any of the
political subdivision, including government-owned and controlled
corporation;(b) Those of retail and service establishments
regularly employing less than ten (10) workers;(c) Domestic helpers
and persons in the personal service of another;(d) Managerial
employees as defined in Book Three of the Code;(e) Field personnel
and other employees whose time and performance is unsupervised by
the employer including those who are engaged on task or contract
basis, purely commission basis, or those who are paid a fixed
amount for performing work irrespective of the time consumed in the
performance thereof.
RA 9492SECTION 1. Section 26, Chapter 7, Book I of Executive
Order No. 292, as amended, otherwise known as the Administrative
Code of 1987, is hereby amended to read as follows:"Sec. 26,
Regular Holidays and Nationwide Special Days. (1) Unless otherwise
modified by law, and or proclamation, the following regular
holidays and special days shall be observed in the country:a)
Regular HolidaysNew years Day - January 1Maundy Thursday - Movable
dateGood Friday - Movable dateEidulFitr - Movable
dateArawngKagitingan (Bataaan and Corregidor Day) - Monday nearest
April 9Labor Day - Monday nearest May 1Independence Day - Monday
nearest June 12National Heroes Day - Last Monday of AugustBonifacio
Day - Monday nearest November 30Christmas Day - December 25Rizal
Day - Monday nearest December 30
b) Nationwide Special Holidays:Ninoy Aquino Day - Monday nearest
August 21All Saints Day - November 1Last Day of the Year - December
31c) In the event the holiday falls on a Wednesday, the holiday
will be observed on the Monday of the week. If the holiday falls on
a Sunday, the holiday will be observed on the Monday that
follows:Provided, That for movable holidays, the President shall
issue a proclamation, at least six months prior to the holiday
concerned, the specific date that shall be declared as a nonworking
day:Provided, however, The EidulAdha shall be celebrated as a
regional holiday in the Autonomous Region in Muslim Mindanao."SEC.
2. All laws, orders, presidential issuances, rules and regulations
or part thereof inconsistent with this Act are hereby repealed or
modified accordingly.SEC. 3. This Act shall take effect after
fifteen (15) days following its publication in at least two
newspapers of general circulation.Amended EO 292Section 26.Regular
Holidays and Nationwide Special Days. -1.Unless otherwise modified
by law, order or proclamation, the following regular holidays and
special days shall be observed in this country:(A)Regular
HolidaysNew Year's Day - January 1Maundy Thursday - Movable
dateGood Friday - Movable dateArawngKagitingan (Bataan and
Corregidor Day) - April 9Labor Day - May 1Independence Day - June
12National Heroes Day - Last Sunday of AugustBonifacio Day -
November 30Christmas Day - December 25Rizal Day - December
30(B)Nationwide Special DaysAll Saints Day - November 1Last Day of
the Year - December 31
(2) The terms "legal or regular holiday" and "special holiday",
as used in laws, orders, rules and regulations or other issuances
shall be referred to as "regular holiday" and "special day",
respectively.Section 27.Local Special Days. - The President may
proclaim any local special day for a particular date, group or
place.Section 28.Pretermission of Holiday. - Where the day, or the
last day, for doing any act required or permitted by law falls on a
regular holiday or special day, the act may be done on the next
succeeding business day.
D. SERVICE INCENTIVE LEAVEReferences:Article 95; Omnibus Rules,
Book III, Rule
V----------------------------------------------------------------Labor
Code, Art.95Right to service incentive leave.(a) Every employee who
has rendered at least one year of service shall be entitled to a
yearly service incentive leave of five days with pay.(b) This
provision shall not apply to those who are already enjoying the
benefit herein provided, those enjoying vacation leave with pay of
at least five days and those employed in establishments regularly
employing less than ten employees or in establishments exempted
from granting this benefit by the Secretary of Labor and Employment
after considering the viability or financial condition of such
establishment.(c) The grant of benefit in excess of that provided
herein shall not be made a subject of arbitration or any court or
administrative
action.----------------------------------------------------------------1.
Coverage/Extensions----------------------------------------------------------------Labor
Code, Art.95(a)(b)(a) Every employee who has rendered at least one
year of service shall be entitled to a yearly service incentive
leave of five days with pay.(b) This provision shall not apply to
those who are already enjoying the benefit herein provided, those
enjoying vacation leave with pay of at least five days and those
employed in establishments regularly employing less than ten
employees or in establishments exempted from granting this benefit
by the Secretary of Labor and Employment after considering the
viability or financial condition of such establishment.Book III,
Rule V, Secs. 2-3SECTION 2.Right to service incentive leave. Every
employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of five days with
pay.SECTION 3.Definition of certain terms. The term "at least
one-year service" shall mean service for not less than 12 months,
whether continuous or broken reckoned from the date the employee
started working, including authorized absences and paid regular
holidays unless the working days in the establishment as a matter
of practice or policy, or that provided in the employment contract
is less than 12 months, in which case said period shall be
considered as one year.Makati Haberdashery Inc. v. NLRC
Facts: While a case for underpayment against the employer was
ongoing, two of its employees were dismissed from the company for
allegedly copying for accepting a job order which is prejudicial
and in direct competition with the business of the company.Held:
They were not entitled to service incentive leave pay and holiday
pay because as piece-rate workers being paid at a fixed amount for
performing work irrespective of time consumed in the performance
thereof, they fall under one of the exceptions stated the
Code.Labor Congress v. NLRCsupra.
----------------------------------------------------------------a.
Meaning at least one year of
service----------------------------------------------------------------Book
III, Rule V, Sec. 3SECTION 3.Definition of certain terms. The term
"at least one-year service" shall mean service for not less than 12
months, whether continuous or broken reckoned from the date the
employee started working, including authorized absences and paid
regular holidays unless the working days in the establishment as a
matter of practice or policy, or that provided in the employment
contract is less than 12 months, in which case said period shall be
considered as one
year.----------------------------------------------------------------b.
Treatment of
benefits----------------------------------------------------------------Book
III, Rule V, Sec. 5SECTION 5.Treatment of benefit. The service
incentive leave shall be commutable to its money equivalent if not
used or exhausted at the end of the
year.----------------------------------------------------------------E.
VACATION LEAVE/SICK
LEAVE----------------------------------------------------------------PNCC
Skyway Traffic Management & Security Division Workers
Organization v. PNCC Skyway Corp.
Facts: Dispute is with regards a CBA, wherein the Labor union
insists that their union members have the preference in scheduling
their vacation leave, while PNCC argues that CBA gives the
management the final say regarding the vacation leave schedule of
its employees.Held: According to the CBAs language, PNCC can
unilaterally schedule the vacation leave of its employees. Since
the grant of vacation leave is a prerogative of the employer, the
latter can compel its employees to exhaust all their vacation leave
credits----------------------------------------------------------------F.
PATERNITY LEAVERA 8187 (Paternity Leave Act of 1996) Secs. 1-6RA
8187 Implementing
Rules----------------------------------------------------------------1.
Coverage----------------------------------------------------------------RA
8187, Sec. 2SECTION 2. Notwithstanding any law, rules and
regulations to the contrary, every married male employee in the
private and public sectors shall be entitled to a paternity leave
of seven (7) days with full pay for the first four (4) deliveries
of the legitimate spouse with whom he is cohabiting. The male
employee applying for paternity leave shall notify his employer of
the pregnancy of his legitimate spouse and the expected date of
such delivery.For purposes, of this Act, delivery shall include
childbirth or any miscarriage.RA 8187 Implementing Rules, Secs.
2SECTION 2.Coverage. Every married male employee in the private
sector shall be entitled to paternity leave benefits of seven (7)
working days with full pay for the first four (4) deliveries by his
lawful spouse under such terms and conditions as hereinafter
provided.The rules on paternity leave of employees in the public
sector shall be promulgated by the Civil Service
Commission.----------------------------------------------------------------2.
Conditions----------------------------------------------------------------RA
8187, Sec. 2SECTION 2. Notwithstanding any law, rules and
regulations to the contrary, every married male employee in the
private and public sectors shall be entitled to a paternity leave
of seven (7) days with full pay for the first four (4) deliveries
of the legitimate spouse with whom he is cohabiting. The male
employee applying for paternity leave shall notify his employer of
the pregnancy of his legitimate spouse and the expected date of
such delivery.For purposes, of this Act, delivery shall include
childbirth or any miscarriage.RA 8187 Implementing Rules, Secs. 2,
3, 4SECTION 2.Coverage. Every married male employee in the private
sector shall be entitled to paternity leave benefits of seven (7)
working days with full pay for the first four (4) deliveries by his
lawful spouse under such terms and conditions as hereinafter
provided.The rules on paternity leave of employees in the public
sector shall be promulgated by the Civil Service Commission.SECTION
3.Conditions for entitlement of paternity leave benefits. A married
male employee shall be entitled to paternity benefits provided
that:a. he is employed at the time of delivery of his child;b. he
has notified his employer of the pregnancy of his wife and her
expected date of delivery subject to the provisions of Section 4
hereof; andc. his wife has given birth, suffers a miscarriage or an
abortion.SECTION 4.Notification. As soon as the married male
employee learns that his spouse is pregnant, he shall inform his
employer of such pregnancy and the expected date of delivery within
a reasonable period of time. The employee shall accomplish a
Paternity Notification Form to be provided for by the employer and
submit the same to the latter, together with a copy of his marriage
contract, or where not applicable, any proof of marriage. Provided,
That this notification requirement shall not apply in cases of
miscarriage or abortion.Any employee who has availed of the
paternity benefits shall, within a reasonable period of time,
submit a copy of the birth certificate of the newly born child,
death or medical certificate in case of miscarriage or abortion,
duly signed by the attending physician or midwife showing actual
date of childbirth, miscarriage or abortion, as the case may
be.----------------------------------------------------------------3.
When to avail of
benefits----------------------------------------------------------------RA
8187 Implementing Rules, Sec. 5SECTION 5.Availment. The paternity
benefits set forth herein may be enjoyed by the qualified employee
before, during or after the delivery by his wife; provided, that
the total number of days shall not exceed seven (7) working days
for each delivery. Provided, further, that this benefit shall be
availed of not later than sixty (60) days after the date of said
delivery.----------------------------------------------------------------4.
Benefits----------------------------------------------------------------RA
8187 Implementing Rules Sec. 6SECTION 6.Benefits. The employee is
entitled to seven (7) working days paternity leave with pay,
consisting of basic salary, all allowances and other monetary
benefits.----------------------------------------------------------------5.
Treatment of
benefit----------------------------------------------------------------RA
8187 Implementing Rules, Sec. 7SECTION 7.Non-Conversion of
benefits. In the event that the paternity leave benefit is not
availed of, said leave shall not be convertible to
cash.----------------------------------------------------------------6.
Penalty
provisions----------------------------------------------------------------RA
8187, Sec. 5SECTION 5. Any person, corporation, trust, firm,
partnership, association or entity found violating this Act or the
rules and regulations promulgated thereunder shall be punished by a
fine not exceeding Twenty-five thousand pesos (P25,000) or
imprisonment of not less than thirty (30)days nor more than six (6)
months.If the violation is committed by a corporation, trust or
firm, partnership, association or any other entity, the penalty of
imprisonment shall be imposed on the entity's responsible officers,
including, but not limited to, the president, vice-president, chief
executive officer, general manager, managing director or partner
directly responsible therefor.RA 8187 Implementing Rules, Sec.
10SECTION 10.Repealing Clause. All laws, ordinances, rules,
regulations, issuances, or parts thereof which are inconsistent
with these Rules are deemed repealed or modified
accordingly.----------------------------------------------------------------7.
Employment related rights and
benefits----------------------------------------------------------------RA
8187, Sec. 2-3SECTION 2. Notwithstanding any law, rules and
regulations to the contrary, every married male employee in the
private and public sectors shall be entitled to a paternity leave
of seven (7) days with full pay for the first four (4) deliveries
of the legitimate spouse with whom he is cohabiting. The male
employee applying for paternity leave shall notify his employer of
the pregnancy of his legitimate spouse and the expected date of
such delivery.For purposes, of this Act, delivery shall include
childbirth or any miscarriage.SECTION 3.Definition of Term. - For
purposes of this Act, Paternity Leave refers to the benefits
granted to a married male employee allowing him not to report for
work for seven (7) days but continues to earn the compensation
therefor, on the condition that his spouse has delivered a child or
suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the
nursing of the newly-born child.RA 8187 Implementing Rules, Sec.
1(b)b. Employee refers to any person who performs services for an
employer and receives compensation therefor, provided an employer-
employee relationship exists between them.RA 8187 Implementing
Rules, Sec. 3(a)SECTION 3.Conditions for entitlement of paternity
leave benefits. A married male employee shall be entitled to
paternity benefits provided that:a. he is employed at the time of
delivery of his
child;----------------------------------------------------------------G.
PARENTAL LEAVERA 8972 (Solo Parents Welfare Act of 2000)RA 8972
Implementing
Rules----------------------------------------------------------------1.
Coverage----------------------------------------------------------------RA
8927, Sec. 3(a)Section 3.Definition of Terms. - Whenever used in
this Act, the following terms shall mean as follows:(a) "Solo
parent" - any individual who falls under any of the following
categories:(1) A woman who gives birth as a result of rape and
other crimes against chastity even without a final conviction of
the offender: Provided, That the mother keeps and raises the
child;(2) Parent left solo or alone with the responsibility of
parenthood due to death of spouse;(3) 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 one
(1) year;(4) Parent left solo or alone with the responsibility of
parenthood due to physical and/or mental incapacity of spouse as
certified by a public medical practitioner;(5) Parent left solo or
alone with the responsibility of parenthood due to legal separation
or de facto separation from spouse for at least one (1) year, as
long as he/she is entrusted with the custody of the children;(6)
Parent left solo or alone with the responsibility of parenthood due
to declaration of nullity or annulment of marriage as decreed by a
court or by a church as long as he/she is entrusted with the
custody of the children;(7) Parent left solo or alone with the
responsibility of parenthood due to abandonment of spouse for at
least one (1) year;(8) Unmarried mother/father who has preferred to
keep and rear her/his child/children instead of having others care
for them or give them up to a welfare institution;(9) Any other
person who solely provides parental care and support to a child or
children;(10) Any family member who assumes the responsibility of
head of family as a result of the death, abandonment, disappearance
or prolonged absence of the parents or solo parent.A change in the
status or circumstance of the parent claiming benefits under this
Act, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility
for these
benefits.----------------------------------------------------------------2.
Criteria----------------------------------------------------------------RA
8972 Implementing Rules, Art. IV, Sec. 7Section 7. Criteria for
Support Any solo parent whose income in the place of domicile falls
equal to or below the poverty threshold as set by the NSCB and
subject to the assessment of the duly appointed or designated
social worker in the area shall be eligible for assistance:
Provided, however, That any solo parent whose income is above the
poverty threshold shall enjoy the benefits mentioned in Sections
16, 17, 18, 19, 20, 21 and 23 of these Rules. For purposes of the
Act and these Rules, the place of domicile shall refer to the
residence mentioned in Section 8(a) of these
Rules.----------------------------------------------------------------3.
Qualifications of solo
parents----------------------------------------------------------------RA
8972, Sec. 8Section 8.Parental Leave. - In addition to leave
privileges under existing laws, parental leave of not more than
seven (7) working days every year shall be granted to any solo
parent employee who has rendered service of at least one (1)
year.RA 8972 Implementing Rules, Art. IV, Sec. 8Section 8.
Qualifications of Solo Parent A solo parent seeking benefits other
than those provided for under Sections 16, 17, 18, 19, 20, 21 and
23 of these Rules shall be qualified on the basis of the
following:(a) A resident of the area where the assistance is
sought, as certified by the barangay captain; Provided, that if the
solo parent is a transferee from another barangay, he/she is
required to secure a clearance from his/her previous barangay,
indicating whether or not he/she has availed of any benefits for
solo parents, and the nature of such benefits. (b) With an income
level equal to or below the poverty threshold as set forth by NSCB
and assessed by a social worker as provided for under Section 7 of
these
Rules.----------------------------------------------------------------4.
Employment Related rights and
benefits----------------------------------------------------------------RA
8972, Sec. 3(d)(e)(d) "Parental leave" - shall mean leave benefits
granted to a solo parent to enable him/her to perform parental
duties and responsibilities where physical presence is required.(e)
"Flexible work schedule" - is the right granted to a solo parent
employee to vary his/her arrival and departure time without
affecting the core work hours as defined by the
employer.----------------------------------------------------------------a.
Flexible Work
Schedule----------------------------------------------------------------RA
8972, Sec. 6Section 6.Flexible Work Schedule. - The employer shall
provide for a flexible working schedule for solo parents: Provided,
That the same shall not affect individual and company productivity:
Provided, further, That any employer may request exemption from the
above requirements from the DOLE on certain meritorious grounds.RA
8972 Implementing Rules, Art. V, Sec. 17Section 17. Work
Discrimination No employer shall discriminate against any solo
parent employee with respect to terms and conditions of employment
on account of his/her
status.----------------------------------------------------------------b.
Work
discrimination----------------------------------------------------------------RA
8972 Implementing Rules, Art. V, Sec. 18Section 18. Parental Leave
In addition to leave privileges under existing laws, parental leave
of not more than seven (7) working days every year shall be granted
to any solo parent employee who has rendered service of at least
one (1) year. The seven-day parental leave shall be
non-cumulative.----------------------------------------------------------------c.
Leave----------------------------------------------------------------RA
8972 Implementing Rules, Art. V, Sec. 19Section 19. Conditions for
Entitlement of Parental Leave A solo parent shall be entitled to
parental leave provided that: (a) He/She has rendered at least one
(1) year of service whether continuous or broken at the time of the
affectivity of the Act;(b) He/She has notified his/her employer of
the availment thereof within a reasonable time period; and (c)
He/She has presented a Solo Parent Identification Card to his/her
employer.----------------------------------------------------------------5.
Treatment of benefit; Non
cumulative----------------------------------------------------------------RA
8972 Implementing Rules, Art. VI, Sec. 18 (Second sentence)The
seven-day parental leave shall be
non-cumulative.---------------------------------------------------------------H.
VICTIMS LEAVERA 9262 (An Act Defining Violence Against Women and
their Children of 2004), Sec. 43RA 9262 Implementing Rules, Rule
VI, Sec.
42---------------------------------------------------------------1.
Definition/Coverage---------------------------------------------------------------RA
9262, Sec. 3SECTION 3. Definition of Terms.- As used in this
Act,(a) "Violence against women and their children" refers to any
act or a series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in
or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following
acts:
A. "Physical Violence" refers to acts that include bodily or
physical harm;B. "Sexual violence" refers to an act which is sexual
in nature, committed against a woman or her child. It includes, but
is not limited to:a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to
watch obscene publications and indecent shows or forcing the woman
or her child to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;b) acts causing or
attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of
physical or other harm or coercion;c) Prostituting the woman or
child.C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation,
repeated verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to witness
abusive injury to pets or to unlawful or unwanted deprivation of
the right to custody and/or visitation of common children.D.
"Economic abuse" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to
the following:1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;2. deprivation or threat
of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;3.
destroying household property;4. controlling the victims' own money
or properties or solely controlling the conjugal money or
properties.(b) "Battery" refers to an act of inflicting physical
harm upon the woman or her child resulting to the physical and
psychological or emotional distress.(c) "Battered Woman Syndrome"
refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.(d) "Stalking" refers
to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or
places the woman or her child under surveillance directly or
indirectly or a combination thereof.(e) "Dating relationship"
refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over
time and on a continuing basis during the course of the
relationship. A casual acquaintance or ordinary socialization
between two individuals in a business or social context is not a
dating relationship.(f) "Sexual relations" refers to a single
sexual act which may or may not result in the bearing of a common
child.(g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary organization
accredited by the DSWD for the purposes of this Act or any other
suitable place the resident of which is willing temporarily to
receive the victim.(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this
Act, it includes the biological children of the victim and other
children under her
care.---------------------------------------------------------------2.
Entitlement to
leave---------------------------------------------------------------RA
9262 Implementing Rules, Rule VI, Sec. 42Section 42. Ten-day paid
leave in addition to other leave benefits. - At any time during the
application of any protection order, investigation, prosecution
and/or trial of the criminal case, a victim of VAWC who is employed
shall be entitled to a paid leave of up to ten (10) days in
addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations and other existing laws and company
policies, extendible when the necessity arises as specified in the
protection order. The Punong Barangay/kagawad or prosecutor or the
Clerk of Court, as the case may be, shall issue a certification at
no cost to the woman that such an action is pending, and this is
all that is required for the employer to comply with the 10-day
paid leave. For government employees, in addition to the
aforementioned certification, the employee concerned must file an
application for leave citing as basis R.A. 9262. The administrative
enforcement of this leave entitlement shall be considered within
the jurisdiction of the Regional Director of the DOLE under Article
129 of the Labor Code of the Philippines, as amended, for employees
in the private sector, and the Civil Service Commission, for
government employees.The availment of the ten day-leave shall be at
the option of the woman employee, which shall cover the days that
she has to attend to medical and legal concerns. Leaves not availed
of are noncumulative and not convertible to cash.The
employer/agency head who denies the application for leave, and who
shall prejudice the victim-survivor or any person for assisting a
co-employee who is a victim-survivor under the Act shall be held
liable for discrimination and violation of R.A 9262.The provision
of the Labor Code and the Civil Service Rules and Regulations shall
govern the penalty to be imposed on the said employer/agency
head.---------------------------------------------------------------I.
SPECIAL LEAVE BENEFITS FOR WOMENRA 9710 (Magna Carta of
Women)---------------------------------------------------------------1.
Covered
employees---------------------------------------------------------------RA
9710, Sec. 18Section 18.Special Leave Benefits for Women. - A woman
employee having rendered continuous aggregate employment service of
at least six (6) months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by
gynecological
disorders.---------------------------------------------------------------J.
SERVICE CHARGESArticle 96; Omnibus Rules, Book III, Rule
VI---------------------------------------------------------------Art.
96. Service charges. All service charges collected by hotels,
restaurants and similar establishments shall be distributed at the
rate of eighty-five percent (85%) for all covered employees and
fifteen percent (15%) for management. The share of the employees
shall be equally distributed among them. In case the service charge
is abolished, the share of the covered employees shall be
considered integrated in their
wages.---------------------------------------------------------------1.
Covered
establishments---------------------------------------------------------------See
Article 96 above.Book III, Rule VI, Sec. 1SECTION 1.Coverage. This
rule shall 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.---------------------------------------------------------------2.
Covered
employees---------------------------------------------------------------See
Article 96 above above.Book III, Rule VI, Sec. 2SECTION 2.
Employees covered. This rule shall apply to all employees of
covered employers, regardless of their positions, designations or
employment status, and irrespective of the method by which their
wages are paid except to managerial employees.As used herein, a
"managerial employee" shall mean one who is vested with powers or
prerogatives to lay down and execute management policies and/or to
hire, transfer, suspend, lay-off, recall, discharge, assign, or
discipline employees or to effectively recommend such managerial
actions. All employees not falling within this definition shall be
considered rank-and-file
employees.---------------------------------------------------------------3.
Sharing---------------------------------------------------------------See
Article 96 above aboveabove.Book III, Rule VI, Sec. 3SECTION
3.Distribution of service charges. All service charges collected by
covered employers shall be distributed at the rate of 85% for the
employees and 15% for the management. The 85% shall be distributed
equally among the covered employees. The 15% shall be for the
disposition by management to answer for losses and breakages and
distribution to managerial employees at the discretion of the
management in the latter
case.---------------------------------------------------------------4.
Frequency of
Distribution---------------------------------------------------------------Book
III, Rule VI, Sec. 4SECTION 4.Frequency of distribution. The shares
referred to herein shall be distributed and paid to the employees
not less than once every two (2) weeks or twice a month at
intervals not exceeding sixteen (16)
days.---------------------------------------------------------------5.
Rule if
abolished---------------------------------------------------------------Book
III, Rule VI, Sec. 5SECTION 5.Integration of service charges. In
case the service charges is abolished the share of covered
employees shall be considered integrated in their wages. The basis
of the amount to be integrated shall be the average monthly share
of each employee for the past twelve (12) months immediately
preceding the abolition of withdrawal of such charges.Phil.
Hoteliers, Inc. v. NUWHRAIN-APL-IUF
Facts: Wage Order No. 9 granted all private sector employees
earning 250-290 pesos daily wage an Emergency Cost Of Living
Allowance of P30 per day. Dusit Hotel allegedly did not comply with
the WO, saying that the wage increase in a new CBA already
incorporated the WOHeld: The hotel employees right to their shares
in the service charges collected by Dusit is distinct and separate
from their right to ECOLA; gratification by the hotel of one does
not result in the satisfaction of the
other.----------------------------------------------------------------K.
NON DIMINUTION OF
BENEFITS----------------------------------------------------------------Article
100.Prohibition against elimination or diminution of
benefits.Nothing in this Book shall be construed to eliminate or in
any way diminish supplements, or other employee benefits being
enjoyed at the time of promulgation of this Code.
Metropolitan Bank & Trust Co. v. NLRC
Facts: Patag and Flora requested that their retirement benefits
be computed at the new rate to be set after the then ongoing CBA
negotiations were signed, but Metrobank complied with the
retroactive application of the increased benefits only with regard
to employees who remain in service in a then future time.Held:
Metrobank had consistently, deliberately and voluntarily granted
improved benefits to its officers after the signing of each CBA
with its rank and file employees and had applied it retroactively,
without the condition that the officers should remain employees as
of a certain date. This constitutes voluntary employer practice
which cannot be unilaterally withdrawn or diminished by the
employer without violating the spirit and intent of Art. 100 of the
Code which prohibits the non-diminution of benefits. Thus, Patag
and Flora can recover higher
benefits.----------------------------------------------------------------5.
Minimum Wages and Wage Fixing MachineryReferences:Articles
97-119Omnibus Rules, Book III, Rules
VII-VIII----------------------------------------------------------------A.
MINIMUM
WAGES----------------------------------------------------------------Labor
Code, Art.99Art. 99. Regional minimum wages. The minimum wage rates
for agricultural and non-agricultural employees and workers in each
and every region of the country shall be those prescribed by the
Regional Tripartite Wages and Productivity Boards. (As amended by
Section 3, Republic Act No. 6727, June 9, 1989.)1987 Constitution,
Art. XIII, Sec. 3Section 3. The State shall afford full protection
to labor, local and overseas, organized and unorganized, and
promote full employment and equality of employment opportunities
for all.It shall guarantee the rights of all workers to
self-organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their
rights and benefits as may be provided by law.The State shall
promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.The State shall
regulate the relations between workers and employers, recognizing
the right of labor to its just share in the fruits of production
and the right of enterprises to reasonable returns on investments,
and to expansion and
growth.----------------------------------------------------------------1.
General Principlesa. Right to a living
wage----------------------------------------------------------------Constitution,
Art. XIII, Sec. 3 par. (2)(4)[Par. 2.] It shall guarantee the
rights of all workers to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law.[Par.
4.] The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and
growth.----------------------------------------------------------------b.
No Work, No pay/ A fair days wage for a fair days
labor----------------------------------------------------------------Sugue
v. Triumph International (Phils)
Facts: Sugue and Valderrama personally attended a preliminary
conference of their money claim case against Triumph. Consequently,
the company charged the half day utilized by the two to their
vacation leave credits.Held: There was no bad faith or malice on
the part of the company because it is fair and reasonable for
Triumph to do so considering that Sugue and Valderrama did not
perform work for one-half day. It was previously held that laborers
who voluntarily absent themselves from work to attend the hearing
of a case in which they seek to prove and establish their demands
against the company should not be entitled to pay during their
period of absence from work.
Aklan Electric Corp. Inc. v. NLRC
Facts: AKELCO transferred its office for daily operations, but
some employees continued to report for work at the old office. Some
of the employees who continued to report at the old office were
considered dismissed and later accepted back subject to the
condition of "no work, no pay."Held: It would neither be fair nor
just to allow private respondents to recover something they have
not earned and could not have earned because they did not render
services at the Kalibo office during the stated period.
----------------------------------------------------------------c.
Equal pay for work of equal
value----------------------------------------------------------------Article
135(a)Art. 135. Discrimination prohibited. It shall be unlawful for
any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of
her sex.The following are acts of discrimination:(a) Payment of a
lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employees as against
a male employee, for work of equal value;Article 248(e)Art. 248.
Unfair labor practices of employers. It shall be unlawful for an
employer to commit any of the following unfair labor practice:(e)
To discriminate in regard to wages, hours of work and other terms
and conditions of employment in order to encourage or discourage
membership in any labor organization. Nothing in this Code or in
any other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for
employment, except those employees who are already members of
another union at the time of the signing of the collective
bargaining agreement. Employees of an appropriate bargaining unit
who are not members of the recognized collective bargaining agent
may be assessed a reasonable fee equivalent to the dues and other
fees paid by members of the recognized collective bargaining agent,
if such non-union members accept the benefits under the collective
bargaining agreement: Provided, that the individual authorization
required under Article 242, paragraph (o) of this Code shall not
apply to the non-members of the recognized collective bargaining
agent;International School Alliance of Educ. v. Quisumbing
Facts: International School pays its or foreign-hires, a higher
salary than its local-hires.Held: Discrimination exists, because
the local-hires perform the same services as foreign-hires and they
ought to be paid the same salaries as the latter. Persons who work
with substantially equal qualifications, skill, effort and
responsibility, under similar conditions, should be paid similar
salaries.----------------------------------------------------------------d.
Form: agreement for compensation of
services----------------------------------------------------------------Article
97(f)(f) "Wage" paid to any employee shall mean the remuneration or
earnings, however designated, capable of being expressed in terms
of money, whether fixed or ascertained on a time, task, 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 work 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 Labor and Employment, of
board, lodging, or other facilities customarily furnished by the
employer to the employee. "Fair and reasonable value" shall not
include any profit to the employer, or to any person affiliated
with the employer.Arms Taxi v. NLRC
Facts: A dismissed taxi company employee sues for a 15%
commission and reinstatement with backwages as a regular
employeeHeld: He is not entitled to the commission as it had not
been agreed upon in writing as required by law, but he is entitled
to be considered as a regular employee for doing necessary and
desirable work for his company.
----------------------------------------------------------------e.
Exemption from income
tax----------------------------------------------------------------RA
9504 of June 17, 2008 (An Act Amending the National Internal
Revenue Code of 1997), Sec. 2SEC. 2. Section 24(A) of Republic Act
No. 8424, as amended, otherwise known as the National Internal
Revenue Code of 1997, is hereby further amended to read as
follows:"SEC. 24.Income Tax Rates. -"(A) Rates of Income Tax on
Individual Citizen and Individual Resident Alien of the
Philippines. -"(1) x x x:"x xx; and"(c) On the taxable income
defined in Section 31 of this code, other than income subject to
tax under Subsections (B), (C) and (D) of this Section, derived for
each taxable year from all sources within the Philippines by an
individual alien who is a resident of the Philippines."(2) Rates of
Tax on Taxable Income of Individuals. - The tax shall be computed
in accordance with and at the rates established in the following
schedule:"Not over P10,000........5%"Over P10,000 but not over
P30,000........ P500+10% of the excess over P10,000"Over P30,000
but not over P70,000........ P2,500+15% of the excess over
P30,000"Over P70,000 but not over P140,000........ P8,500+20% of
the excess over P70,000"Over P140,000 but not over P250,000........
P22,500+25% of the excess over P140,000"Over P250,000 but not over
P500,000........ P50,000+30% of the excess over P250,000"Over
P5000,000........ P125,000+32% of the excess over P500,000"For
married individuals, the husband and wife, subject to the provision
of Section 51 (D) hereof, shall compute separately their individual
income tax based on their respective total taxable income:
Provided, that if any income cannot be definitely attributed to or
identified as income exclusively earned or realized by either of
the spouses, the same shall be divided equally between the spouses
for the purpose of determining their respective taxable
income."Provided, That minimum wage earners as defined in Section
22 (HH) of this Code shall be exempt from the payment of income tax
on their taxable income: Provided, further, That the holiday pay,
overtime pay, night shift differential pay and hazard pay received
by such minimum wage earners shall likewise be exempt from income
tax."x
xx."----------------------------------------------------------------2.
Coverage----------------------------------------------------------------Article
97(b)(c)(e)(b) "Employer" includes any person acting directly or
indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches,
subdivisions and instrumentalities, all government-owned or
controlled corporations and institutions, as well as non-profit
private institutions, or organizations.(c) "Employee" includes any
individual employed by an employer."Employ" includes to suffer or
permit to work.Article 98Art. 98. Application of Title. This Title
shall not apply to farm tenancy or leasehold, domestic service and
persons working in their respective homes in needle work or in any
cottage industry duly registered in accordance with law.Omnibus
Rules, Book III, Rule VII, Sec. 3SECTION 3.Amount of Minimum Wage
Increase. Effective July 1, 1989, the daily statutory minimum wage
rates of covered workers and employees shall be increased as
follows:a) P25.00 for those in the National Capital Region;b)
P25.00 for those outside the National Capital Region, except for
the following:P20.00 for those in plantation agricultural
enterprises with an annual gross sales of less than P5 million in
the fiscal year immediately preceding the effectivity of the
Act;P15.00 for those in the following enterprises:1. Non-plantation
agriculture2. Cottage/handicraft3. Retail/Service regularly
employing not more than 10 workers4. Business enterprises with a
capitalization of not more than P500,000 and employing not more
than 20 workers.Phil. Fisheries Development Authority v. NLRC
Facts: Petitioner is a GOCC which entered into a contract with a
security agency. Security guards under the agency asked the
petitioner for an increase of wages in accordance with the Wage
Order#6 and later filed a complaint for unpaid amount of
re-adjustment rate.Held: Notwithstanding that the petitioner is a
government agency, its liabilities are jointly and solidary with
that of the contractor for the unpaid wages as provided in Art.
106,107 and
109.----------------------------------------------------------------3.
Minimum
Wage----------------------------------------------------------------Article
99Art. 99. Regional minimum wages. The minimum wage rates for
agricultural and non-agricultural employees and workers in each and
every region of the country shall be those prescribed by the
Regional Tripartite Wages and Productivity Boards. (As amended by
Section 3, Republic Act No. 6727, June 9, 1989).Article 97(f)"Wage"
paid to any employee shall mean the remuneration or earnings,
however designated, capable of being expressed in terms of money,
whether fixed or ascertained on a time, task, 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 work 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 Labor and Employment, of board,
lodging, or other facilities customarily furnished by the employer
to the employee. "Fair and reasonable value" shall not include any
profit to the employer, or to any person affiliated with the
employer.Article 61Art. 61. Contents of apprenticeship agreements.
Apprenticeship agreements, including the wage rates of apprentices,
shall conform to the rules issued by the Secretary of Labor and
Employment. The period of apprenticeship shall not exceed six
months. Apprenticeship agreements providing for wage rates below
the legal minimum wage, which in no case shall start below 75
percent of the applicable minimum wage, may be entered into only in
accordance with apprenticeship programs duly approved by the
Secretary of Labor and Employment. The Department shall develop
standard model programs of apprenticeship. (As amended by Section
1, Executive Order No. 111, December 24, 1986)Article 75(c)Art. 75.
Learnership agreement. Any employer desiring to employ learners
shall enter into a learnership agreement with them, which agreement
shall include:(c) The wages or salary rates of the learners which
shall begin at not less than seventy-five percent (75%) of the
applicable minimum wage;Article 80(b)Art. 80. Employment agreement.
Any employer who employs handicapped workers shall enter into an
employment agreement with them, which agreement shall include:The
names and addresses of the handicapped workers to be employed;The
rate to be paid the handicapped workers which shall not be less
than seventy five (75%) percent of the applicable legal minimum
wage;The duration of employment period; andThe work to be performed
by handicapped workers.The employment agreement shall be subject to
inspection by the Secretary of Labor or his duly authorized
representative.Wage Order No. NCR-14, May 16, 2008
(abridged)WHEREAS, the Regional Tripartite Wages and Productivity
Board-National Capital Region (RTWPB-NCR) is mandated under R.A.
6727 (The Wage Rationalization Act), to periodically assess wage
rates and conduct continuing studies in the determination of the
minimum wage applicable in the region or industry;[xxx]Section
1.NEW MINIMUM WAGE RATES. Upon effectivity of this Wage Order, all
private sector minimum wage workers and employees in the National
Capital Region shall receive an increase in the amount of Twenty
Pesos (P20.00) per day consisting of Fifteen Pesos (P15.00) Basic
Wage and Five Pesos (P5.00) Cost of Living Allowance. The Five
Pesos (P5.00) COLA shall be automatically integrated into the basic
wage on 28 August 2008.a) The new daily minimum wage rates of
covered workers in the private sector in the National Capital
Region shall be as follows: (note: min. wage under Wage Order No.
NCR-13 + P15 Basic Wage + P5 COLA)Non-Agriculture: P382Agricultural
(Plantation and non-plantation): P345Private Hospital w/ bed
capacity of 100 or less: P345Retail/Service Establishments
employing 15 workers or less: P345Manufacturing Establishments
regularly employing less than 10 workers: P325Section 2.COVERAGE.
The P 20.00 per day Basic Wage and COLA increase prescribed in this
Order shall apply to all minimum wage earners in the private sector
in the Region, regardless of their position, designation or status
of employment and irrespective of the method by which they are
paid.This Wage Order shall not cover household or domestic helpers;
persons in the personal service of another, including family
drivers, and workers of duly registered Barangay Micro Business
Enterprises (BMBEs) with Certificates of Authority pursuant to
Republic Act 9178.Section 4.APPLICATION TO CONTRACTORS.In the case
of contracts for construction projects and for security, janitorial
and similar services, the Basic Wage and COLA prescribed in this
Order shall be borne by the principals or clients of the
construction/service contractors and the contract shall be deemed
amended accordingly.In the event, however, that the principals or
clients fail to pay the prescribed wage rates, the
construction/service contractor shall be jointly and severally
liable with his principal or client.Section. 5. APPLICATION TO
EDUCATIONAL INSTITUTIONS [xxx] Private educational institutions
which have not increased their tuition fees for School Year
2008-2009 may defer compliance with the Basic Wage and COLA
prescribed herein until the beginning of School Year 2009-2010.
[xxx]Section 6. WORKERS PAID BY RESULT. All workers paid by result,
including those who are paid on piecework, takay, pakyaw or task
basis, shall be entitled to receive the prescribed Basic Wage and
COLA per eight (8) hours work a day, or a proportion thereof for
working less than eight (8) hours.Section 8.EXEMPTIONS. Upon
application with and as determined by the Board, based on
documentation and other requirements in accordance with applicable
rules and regulations issued by the NWPC, the following may be
exempted from the applicability of this Order:1. Distressed
Establishments;2. Establishments whose Total Assets including those
arising from loans but exclusive of the land on which the
particular business entitys office, plant and equipment are
situated, are not more than P3Million;3. Retail/Service
Establishments Regularly Employing Not More Than Ten (10)
workers;4. Establishments Adversely Affected by Natural
Calamities;5. Micro and small indigenous exporters as certified by
the Export Development Council, subject to the criteria and
requirements to be provided for in its Implementing Rules.Wage
Order No. NCR-16, May 9, 2011Same as Wage Order No. NCR-14
(directly above), with an additional +P22 COLA from the the-enacted
Basic Wages (under NCR-15).Non-Agriculture: P426Agricultural
(Plantation and non-plantation): P389Private Hospital w/ bed
capacity of 100 or less: P389Retail/Service Establishments
employing 15 workers or less: P389Manufacturing Establishments
regularly employing less than 10 workers: P389RA 7323 of 1992 (AN
ACT TO HELP POOR BUT DESERVING STUDENTS PURSUE THEIR EDUCATION BY
ENCOURAGING THEIR EMPLOYMENT DURING SUMMER AND/OR CHRISTMAS
VACATIONSSEC. 2. Sixty per centum (60%) of said salary or wage
shall be paid by the employer in cash and forty per centum (40%) by
the Government in the form of a voucher which shall be applicable
in the payment of his tuition fees and books in any educational
institution for secondary, tertiary, vocational or technological
education. The amount of the education voucher shall be paid by the
Government to the educational institution concerned within thirty
(30) days from its presentation to the officer or agency designated
by the Secretary of Finance.The voucher shall not be transferable
except when the payee thereof dies or for a justifiable cause stops
in his duties in which case it can be transferred to his brothers
or sisters. If there be none, the