Choose CHOOSE Flashcards
Trains in a semi-skilled job
Learner
3 months period
Learners
There is a commitment to employ
They as a regular employee if
he so desires, upon the completion
of the learnership
Learners
TESDA approval is not necessary,
only TESDA inspection is required
Learners
No provision for deductibility of
expenses
Learners
Compensatio
n
75% of the minimum wage
Learners
Trains in a highly technical job.
Apprentice
No such commitment to employment
Apprentice
Prior approval by TESDA is required.
Apprentice
Expenses of training are deductible from income tax.
Apprentice
Generally compensated which may be at least 75%of the
minimum wage; But may be uncompensat ed if DOLE
authorizes such as when this is part of OJT
required by schools
Apprentice
extra remuneration or special
privileges or benefits given to or received by the laborers over and
above their ordinary earnings or wages. (Supplements vs facilities)
Supplements
items of expense necessary for the laborer’s and his family’s
existence and subsistence so that by express provision of law,they form
part of the wage and when furnished by the employer are deductible
therefrom,since if they are not so furnished,the laborer would spend
and pay for them just the same. (Supp or Fac)
Facilities
include those articles or services of benefit to the employee
and his family such as rice ration,housing,recreational facilities,
medical treatment to dependents,school facilities,cost of light,water,fuel,meals or snacks. (Supp or fac)
.
Facilities
part of the wage and deductible from the wage.
·Shall not include tools of the trade or articles or services,primarily for
the benefit of the employer or necessary to the conduct of the
employer’s business. ( Supp or fac)
Facilities
Examples
vacation leave pay,overtime pay in excess of the legal rate,profit-
sharing benefits,sick pension,retirement and death benefits,family
allowances,Christmas bonus,war-risk or cost-of-living bonuses or
other bonuses other than those paid as reward for extra output or time
spent on the jobs
(Supp or fac)
Supplements
Since they are not considered as part of wages,their value cannot be
deducted from the cash wage of an employee.
Supplements
They are independent of the wage and not wage deductible.
A benefit or privilege granted to an employee for the convenience of
the employer is not a facility. (SorF)
Supplements
employee has been engaged to
perform activities which are usually necessary
or desirable in the usual business or trade of
the employer, (RorC)
Regular
employee who is allowed to work after a
probationary period (Art. 296)
Regular
An employee is engaged to perform a job, work
or service which is merely incidental to the
business of the employer, and such job, work
or service is for a definite period made known to
the employee at the time of engagement (R/C)
Casual
The employment has been fixed for a specific
project or undertaking, the completion or
termination of which has been determined at the
time of the engagement of the employee R/C
Casual
The work or service to be performed is
seasonal in nature and the employment is for
the duration of the season
Casual
Prohibited arrangement where the
contractor or subcontractor merely
recruits, supplies or places workers to
perform a job, work or service for a
principal
(LOC VS LS)
LABOR-ONLY CONTRACTING
The contractor or subcontractor does not
have substantial capital or
investment(worth P5,000,000) to
actually perform the job, work or service
under its own account and responsibility (LOC VS LS)
LABOR-ONLY CONTRACTING
The employees recruited, supplied or
placed by such contractor or
subcontractor are performing activities
which are directly related to the main
business of the principal. (LOC VS LS)
LABOR-ONLY CONTRACTING
The contractor does not exercise the
right to control over the performance of
the work of the contractual employee (LOC VS LS)
LABOR-ONLY CONTRACTING
A permissible arrangement whereby a principal
agrees to put out or farm out with a contractor
or subcontractor the performance or
completion of a specific job, work or service
within a definite or predetermined period,
regardless of whether such job, work or service
is to be performed or completed within or
outside the premises of the principal. (LOC VS LS)
LEGITIMATE SUBCONTRACTING
The contractor or subcontractor has substantial
capital or investment (LOC VS LS)
LEGITIMATE SUBCONTRACTING
The contractor or subcontractor carries on a
distinct and
Independent business (LOC VS LS)
LEGITIMATE SUBCONTRACTING
The contractor undertakes to perform the job,
work or service on its own account and under its
own responsibility according to its own manner
and method, and free from the control and
direction of the principal in all matters
connected with the performance of the work
except as to the results thereof (LOC VS LS)
LEGITIMATE SUBCONTRACTING
Serious Misconduct or Willful
Disobedience (Insubordination) (JC OR AC)
Just cause
Gross & Habitual Neglect of Duties
Just causes
Fraud/Willful Breach of Trust
Just causes
Commission of A Crime
Just causes
Analogous cases
As a measure of self-protection against
acts inimical to the employer’s interest.
An employer cannot be compelled to
continue employing an employee guilty
of acts inimical to the employer’s
interest, justifying loss of confidence in
him.
Just causes
Also known as “Business-related Causes.”
Authorized causes
The installation of labor-saving devices
Authorized causes
Redundancy
Authorized causes
Retrenchment to prevent losses
Authorized causes
The closing or cessation of operation of the establishment or undertaking
not due to serious loss [Art. 298]
Authorized causes
Disease incurable in 6 months [Art. 299]
Authorized causes
Enforcement of union security clause in the CBA
Authorized causes
Dismissal of union officers for the conduct of an illegal strike; Dismissal of
union members for participating in the commission of illegal acts in a strike
Authorized causes
Abandonment-
• It is the deliberate and unjustified refusal of an employee to resume his employment. It is a form of neglect of duty.
• Requisites
• 1. Failure to report for work or absence without valid or justifiable reason, and
• 2. Clear intention to sever the employer employee relationship (more determinative factor and manifested in overt
acts). The burden to prove whether the employee abandoned his work rests on the employer.
Just causes
Courtesy resignation- Resignation per se means voluntary relinquishment of a position or office. Adding
the word ‘courtesy’ did not change the essence of the resignation.
Just causes
- Habitual absenteeism/tardiness
• It is a form of neglect of duty. Lack of initiative, diligence and discipline to come to
work on time everyday exhibit the employee’s deportment towards work. It is inimical
to the general productivity and business of the employer.
This is especially true
when the tardiness and/or absenteeism occur frequently and repeatedly within an
extensive period of time.
Just causes
Poor performance
• It is tantamount to inefficiency and incompetence in the performance of official
duties. An unsatisfactory rating can be a just cause for dismissal only if it amounts to
gross and habitual neglect of duties
Just causes
Past offenses
• Previous offenses may be used as a valid justification for dismissal only if the
infractions are related to the subsequent offense upon which the basis of termination
is decreed.
Just causes
Habitual infractions
• A series of irregularities when put together may constitute serious misconduct
Just causes
Immorality
• The act of engaging in extramarital affairs was specifically provided for by the
cooperative’s Personnel Policy as one of the grounds for termination of employmen
Just causes
commission of a crime
• The charge of drug abuse within the company’s premises and during work hours
constitutes serious misconduct which is a just cause for termination.
Just causes
Totality of infractions
Just causes
