ARTS 97-118 WAGES Flashcards
Art. 97
An individual, partnership, association, corporation, business trust, legal rep., or any organized group of persons
Person
Art. 97
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 as well as non-profit pricate institutions or orgs.
Employer
Art. 97
Any individual employed by an employer
Employee
Art. 97
Includes farming in all its branches and includes cultivation and tillage of soil, dairying, etc.
Agriculture
To suffer or permit to work
Employ
Art. 97
Paid to any employee shall mean the remuneration or earnings, howver desginated, capable of being expressed in terms of money
Wage
Art. 98
The Labor Code provisions on wages do not cover:
- Farm tenance/leasehold
- Domestic service & any persons working in their respective homes or in any cottage industry
Art. 99
The lowest wage fixed by law that an employer can pay employees
Minimum wage
note: employer can pay higher than the minimum wage but not lower
The employer’s poor financial condition is not an exemption from paying the minimum wage; the minimum wage is fixed per region
Article 99
Employees shall continue to enjoy the supplements & other benefits they were receiving from the employer
Article 100
The employer shall pay the employee’s wages either in cash/legal tender, check, or money order
Article 102
Art. 102
The following cannot be used to pay the employees,even if requested by the employee:
- Promissory notes
- Vouchers
- Coupons
- Tokens
- Tickets
- Chits
Time of payment at least once every 2 weeks or twice a month not exceeding 16 days. If there is force majeure and the wages cannot be paid on time, the employer shall pay the wages immediately after such force majeure
Article 103
For employees engaged to perform a task which cannot be completed in 2 weeks, wages shall be paid at intervals not exceeding 16 days and the final settlement is made upon completion of work
Article 103
Place of payment at or near the place of undertaking
Article 104
wages shall be paid directly to the workers except: in cases of force majeure or where the worker has died, in which case, the employer may pay the wages of the deceased to the heirs
Article 105
This article deals with labor-only contracting & job contracting. It is an arrangement where the contractor, who does not have capital or investment in the form of tools, equipment, machineries, and others, supplies workers to an employer
Article 106
Art.106
Refers to an agreement whereby a principal agrees to put out or farm out with the contractor/subcontractor the performance or completion of a specific job, work, or service within a definite period
Permissible or legitimate job contracting/subcontracting
Not being an employer, contracts with an independent contractor for the performance of any work, task, job or project
Article 107
An employer/indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor/subcontractor fail to pay the same
Article 108
Every employer/indirect employer shall be held responsible with his contractor/subcontractor for violation of the Labor of Code
Article 109
If the employer went out of business or bankrupt, then workers shall enjoy priority as regards their wages & monetary claims. Their unpaid wages & monetary claims shall be paid in full
Article 110
If the employee is forced to file a case because the employer is not paying his/her salary,then he/she may be awarded attorney’s fees equivalent to 10% of the amount of wages recovered
note: not more than 10% & that this is awarded to the employee & not to their lawyer
Article 111
