SPECIAL GROUPS OF EMPLOYEES APPRENTICE, LEARNER, HANDICAPPED, WOMEN, MINOR, HOUSEHELPER, HOMEWORKER, NON-RESIDENT ALIEN richo B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: [email protected]JDP CONSULTING WWW.LEGALASPECTS.PH Business Laws & Best Legal Practices
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SPECIAL GROUPS OF EMPLOYEESAPPRENTICE, LEARNER, HANDICAPPED, WOMEN, MINOR, HOUSEHELPER, HOMEWORKER, NON-RESIDENT ALIEN
Conditions: DOLE approved apprenticeship program w/ written agreement, highly technical industries,
75% minimum wage
LEARNER For semi-skilled and
other industrial occupations w/ OJT not exceeding 3 mos.
Conditions: no experienced workers, necessary to prevent curtailment of employment opportunities, no unfair competition of labor costs
75% minimum wage
HANDICAPPED Handicapped: earning
capacity impaired by age or physical or mental deficiency or injury
Conditions: necessary to prevent curtailment of employment opportunities, no unfair competition of labor costs
75% minimum wage
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
What do we need to know?
WOMEN No discrimination on
women solely of sex.
Prohibited discriminatory acts: (a) denial of statutory monetary benefits, (b) discharge due to pregnancy, (c) discharge or refuse admission for fear of being pregnant again
MINOR > 15 years old no
employment, except: (a) work under sole responsibility of parent or guardian, (b) employment does not interfere with schooling
16 & 17 years old may be employed under DOLE regulations
No discrimination due to age
HOUSEHELPER Personal
Househelper: For personal comfort and convenience in household of employer; may be paid below minimum wage (cf. Kasambahay Law)
Industrial Househelper: company employee, minimum wage
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
What do we need to know?
HOMEWORKER Delivers/Caused to
be delivered/Sells goods processed or fabricated in a home
Foreigner seeking admission for employment purposes
Conditions: non-availability of resident who is competent, able, and willing to work requiring alien
Requires Alien Employment Permit (AEP)
With the ASEAN integration, there will be more aliens who
might choose to work here in the Philippines. They should have AEPs.
NON-RESIDENT ALIEN
What if the rules for special groups of employees are
not followed?Fine: P1,000.00 to P10,000.00
and/or
Imprisonment: 3 months to 3 years
The Labor Code imposes the above-mentioned fine and imprisonment for violations. Aliens may be summarily departed after completion of service.
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
How do you avoid such liabilities?
Management should observe best legal practices to avoid such consequences and liabilities.
Best legal practices are best practices with legal compliance. For employment, they are sourced from labor laws, rules & regulations,
jurisprudence, and best practices.
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
What are these best legal practices for special groups of employees? In General
Properly categorize an employee whether s/he falls under the special groups of employees;
Clearly state in employment contracts whether such employee is part f the special groups of employees (if a minor, obtain written parental consent)
Review company policies for compliance with rules for special groups of employees
Notarize the employment contract to convert it to a public document
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
For specific best legal practices depending on the group…
APPRENTICE Secure a DOLE-
approved apprenticeship agreement before engaging apprentice
Verify with DOLE whether company is allowed to have apprenticeship program
LEARNER Verify with DOLE for
positions requiring learners
Avoid pre-terminating employment w/o fault of learner who worked for 2 mos., such results in regular employment
HANDICAPPED Ensure that the
handicapped employee is indeed in such state
When in doubt, verify with DOLE
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
For specific best legal practices depending on the arrangement…
WOMEN Ensure workplace
and company policies do not discriminatory rules or practices
Be aware of the statutory benefits for women: VAWC leave, special leave for women, solo parental leave
MINOR Obtain written
consent when hiring employable minors
Avoid engaging those who cannot be employed (15 years and below)
HOUSEHELPER Avoid requiring
personal househelper to work in the company as he/she will be considered an employee and thus be entitled to minimum wage
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WWW.LEGALASPECTS.PH
Business Laws & Best Legal Practices
For specific best legal practices depending on the arrangement…
HOMEWORKER Ensure that a
homeworker delivers or caused to be delivered or sells goods processed or fabricated in a home
Verify the non-availability of resident who is competent, able, and willing to work requiring services of a non-resident alien
Secure Alien Employment Permit (AEP)
Best Legal Practices will help in incurring liabilities due to non-compliance with labor
laws.
NON-RESIDENT ALIEN
“”
Knowledge of special groups of employees is an advantage in business.- ATTY. JERICHO B. DEL PUERTO