Labor Compliance Flashcards
Physical or mental effort; work for which someone is paid; aalso refers work that is done
LABOR
Hires and pays wages
Employer
Renders service/work
Employee
5 MAIN SOURCES OF LABOR LAW
Section 3, Article XIII of the 1987 Constitution
Labor Code of the Philippines
Implementing Rules and Regulations (IRR) by DOLE
Supreme Court Decisions
Special Laws
Basic Rights of Workers Guaranteed By the
Constitution (9)
Security of Tenure
Living wage
Share in the fruits of production
Just and humane working conditions
Self-organization
Collective bargaining
Collective negotiations
Engage in peaceful concerted activities,
including the right to strike
Participate in policy and decision-making
processes
Stands as the law governing employment
practices and labor relations in the
Philippines, primarily in the private sector
Labor Code of the Philippines (PD 442)
2 CLASSIFICATIONS OF LABOR
Labor Standards
Labor Relations
Minimum terms and conditions of employment which the employer is required to grant to its employees.
Labor Standards
Part of the law which regulates the relations between employers and employees.
Labor Relations
2 TYPES OF EMPLOYEES
Private Employees (Private Sector)
Public Employees (Public Sector/Government)
Administrative agency & Employment insurance of Private Employees (Private Sector)
Administrative agency: DOLE
Employment insurance: SSS
Administrative agency & Employment insurance of Public Employees (Public Sector/Government)
Administrative agency: CSC
Employment insurance: GSIS
Legal framework used to determine the
existence of an employment relationship
between two parties, typically an employer and an employee.
Helps establish whether an individual should
be classified as an employee or an independent contractor based on specific criteria.
Determine the legal rights and obligations
between parties in labor and employment law
contexts, such as entitlement to employment
benefits, protections under labor legislation, and liability for taxes and social security
contributions.
FOUR-FOLD TEST
FOUR-FOLD TEST Factors (4)
Selection/Hiring
Payment of Wages
Power of Dismissal and Discipline
Power of Control
Guarantees equal protection for every Filipino, and prohibits discrimination of persons based on age, ethnicity, race, religion or belief, political inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil status, medical condition, or any other status in the enjoyment of rights.
Bill of Rights
An employer is prohibited from requiring as a
condition of employment that a woman employee shall not get married
Article 136, Labor Code
An employer is prohibited from employing children below fifteen (15) years of age, except when he works directly under the sole responsibility of his parents or guardian,
and his employment does not in any way interfere with his schooling.
Article 139, Labor Code
An employer is prohibited from employing any person below ______ years old in an undertaking which is hazardous and deleterious in nature.
18
An employer is prohibited from requiring as a
condition of employment that a person or an
employee shall not join a labor organization
(union) or shall withdraw from one to which
he belongs.
Article 248 (b) Labor Code
No entity shall discriminate against a qualified
disabled person by reason of disability in
regard to job application procedures.
RA No. 7277, Magna Carta for Disabled
Persons
An employer in a work-related or employment environment, is prohibited from asking “sexual favor” as a condition in the hiring or employment, re-employment or continued employment of an individual.
RA 7877, Anti-Sexual Harassment Act of 1995
No bank shall employ casual or non-regular
personnel or too lengthy probationary
personnel in the conduct of its business
involving deposits.
RA 8791, General Banking Laws of 2000
Print or publish notice of advertisement relating to employment suggesting preferences, limitations,
specifications, and discrimination based on age;
Require the declaration of age or birth date during the application process;
Decline any employment application because of the individual’s age.
Anti Age Discrimination Act (RA 10911)
Discrimination in any form from pre-
employment to post employment, including hiring, etc., based on actual, perceived, or
suspected HIV status of an individual is
prohibited.
(RA No. 8504, Philippine AIDS Prevention and Control Act of 1998)
Intent is to observe the terms of the system (in good faith) that is not indicated to evade the purpose of the Anti Age Discrimination Act
Bona fide seniority system
10 EMPLOYEES’ RIGHTS
- Equal Work Opportunities
- Wage and Benefits
- Safe Work Conditions
- Security of Tenure *
- Payment of Wages *
- Work Days and Work Hours
- Weekly Rest days
- Female Employees
- Employment of Children
- Self-Organizations / CB
It is the remuneration or earnings, however
designated, for work done or to be done or for services rendered or to be rendered;
It is 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;
It 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
It includes the fair and reasonable value of
board, lodging, or other facilities customarily
furnished by the employer to the employee.
Attributes of Wages
No Work-no Pay Principle unless otherwise? (2)
Provided by law (i.e., Holiday Pay, Maternity Leave)
Provided by the employer
(i.e., Vacation Leave)
Persons who work with substantially equal
qualifications, skill, effort and responsibility,
under similar conditions, should be paid
similar salaries.
Equal Pay For Equal Work
Refers simply to the lowest basic wage rate fixed by law that an employer can pay his workers.
STATUTORY MINIMUM WAGE
The minimum wage rates for employees in every region shall be those prescribed by the?
Regional Tripartite Wages and Productivity Boards (RTWPB),
Violation of Wage Orders
Section 12. “… refuses or fails to pay any of the prescribed increases or adjustments in the wage rates xxx shall be punished by a fine not less than __________ nor more
than__________ or imprisonment of not less than____ years nor more than ____ years,…”
P25,000 nor more than P100,000
2 years nor more than 4 years
Exemption From Wage Orders
Household or domestic helpers and persons
employed in the personal service of another,
including family drivers.
(RA6727, as amended by RA10361, Kasambahay Law)
Retail/service establishments regularly employing NOT MORE THAN 10 WORKERS may be exempted from the applicability of Exemption From Wage Orders upon application with and as determined by the appropriate Regional Board in accordance with the applicable rules and regulations issued by the Commission.
RA6727
Exemption From Wage Orders
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
Article 98, Labor Code
Exemption From Wage Orders of Barangay Micro Business Enterprises
RA9178
Wages shall be paid in legal tender and the use of tokens, promissory notes, vouchers, coupons or any other form alleged to represent legal tender is prohibited even when expressly requested by the employee.
Article 102, Labor Code
Payment of wages in bars, massage clinics, or
nightclubs is prohibited except in the case of
employees thereof.
Article 104, Labor Code
Wages shall be paid at least _________ or ________ at intervals not exceeding
___________.
Once every 2 weeks
Twice a month
16 days
No employer shall make payment with less
frequency than once a month.
Article 103, Labor Code
Withholding of wages and kickbacks is
prohibited.
Article 116, Labor Code
Deduction to ensure employment
Article 117, Labor Code
Retaliatory measures.
Article 118, Labor Code
False reporting.
Article 119, Labor Code
19 MINIMUM STANDARD BENEFITS
Minimum Wage
Holiday Pay
Premium Pay
Overtime Pay
Night Shift
Service Charge
Service Incentive Leave
Maternity Leave
Paternity Leave
Parental Leave
VAWC Leave
Special Leave for Women
13th Month Pay
Separation Pay
Retirement Pay
ECC
PhilHealth
SSS
Pag-Ibig
Refers to the additional compensation for
work performed within 8 hours on non-work days, such as rest days and special days.
Premium Pay (Article 91-93, Labor Code)
Refers to the addi1onal compensa1on for work performed beyond 8 hours a day.
Overtime Pay (Article 87, Labor Code)
Refers to the addi1onal compensation of 10% of an employee’s regular wage for each hour of work performed between 10pm and 6am.
Night Shift Differential (Article 86, Labor Code)
It shall be the duty of every employer to provide each of his employees a rest period of not less than 24 hours
REST DAY, DAY-OFF (Article 91, Labor Code)
Every employee who has rendered at least 1 year of service is entitled ______ of 5 days with pay.
SERVICE INCENTIVE LEAVE (SIL) (Article 95, Labor Code)
Every pregnant employee in the private sector, whether married or unmarried, is entitled to maternity leave benefit of 60 days in case of normal delivery or miscarriage, or 78 days, in case of Caesarian section delivery, with benefits equivalent to one hundred percent (100%) of the average daily salary credit of the employee as defined under the law.
MATERNITY LEAVE
MATERNITY LEAVE
Every pregnant employee in the private sector, whether married or unmarried, is entitled to maternity leave benefit of ____ days in case of normal delivery or miscarriage, or ____ days, in case of Caesarian section delivery, with benefits equivalent to one hundred percent (100%) of the average daily salary credit of the employee as defined under the law.
60
78
The law increases the daily maternity leave
benefit from the iniMal 60 days for normal
delivery, or 72 days for caesarian delivery, to 105 days, regardless of the type of delivery. In case of miscarriage or an emergency termination of pregnancy, the entitlement is 60 days of paid maternity leave.
EXPANDED MATERNITY LEAVE (RA 11210, 2019)
The law increases the daily maternity leave
benefit from the iniMal 60 days for normal
delivery, or 72 days for caesarian delivery, to ____ days, regardless of the type of delivery. In case of miscarriage or an emergency termination of pregnancy, the entitlement is 60 days of paid maternity leave.
105
7 calendar days, with full pay with a purpose that allows the husband to lend support to his
wife during her period of recovery and/or in nursing her newborn child.
PATERNITY LEAVE (RA 8187)
Parental Leave for Solo Parents
RA 8972
Leave for Victims of Violence Against Women and Their Children
RA 9262
Special Leave for Women
RA 9710
All employers are required to pay thirteenth-month pay to their rank- and-file employees, regardless of employment nature.
13TH MONTH PAY (PD851)
An employee is entitled to separation pay where the termination is for authorized cause.
SEPARATION PAY (Article 297-8, Labor Code)
Employees shall be retired upon reaching the age of 60 years or more but not beyond 65 years old and have served the establishment for at least 5 years.
RETIREMENT PAY (Article 301, RA7641, RA8558)
Employees shall be retired upon reaching the age of _____ years or more but not beyond ______ years old [and have served the establishment for at least _____ years.
60
65
5
ECC
EMPLOYEE COMPENSATION COMMISSION
PhilHealth
PHILIPPINE HEALTH INSURANCE
SSS
SOCIAL SECURITY SYSTEM (RA 1161 As amended by RA 11199)
A government program that provides
compensation to employees or their dependents in case of work-related sickness, injury, or death.
EMPLOYEES’ COMPENSATION PROGRAM (PD 626)
All Filipinos are now members of PhilHealth. Families not yet registered with PhilHealth will be assisted by their healthcare provider.
Universal Health Care (UHC) Act
NHIP
National Health Insurance Program (RA 7875 As amended by RA 9241 and RA 106006)
Pag-IBIG
Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Gobyerno.
Mutual provident savings system for private and government employees and other earning groups, focuses on housing as the primary investment.
PAG-IBIG (RA 9679)
EMPLOYEES’ RIGHTS to self-organize
Article 3, PLC
EMPLOYEES’ RIGHTS to strike
Article 263-264, PLC
EMPLOYEES’ RIGHTS to collective bargaining
Article 253-A, PLC
EMPLOYEES’ RIGHTS to arbitration
Article 260, PLC
Contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations
Collective Bargaining Agreement (CBA)
Refers to the last sixty days immediately
preceding the expiration of the five-year CBA.
Freedom period
Refers to the inherent right of the employer to regulate all aspects of employment.
Includes hiring, work assignments, working
methods, time, place and manner of work, work supervision, transfer of employees, lay-off of workers, discipline, dismissal, and recall of employees.
MANAGEMENT PREROGATIVE
3 limitations of MANAGEMENT PREROGATIVE
GOOD FAITH
EMPLOYEE RIGHTS
Collective Bargaining Agreement
Main provision of the labor law
Section 3, Article 13 of the 1987 Constitution
Main legislation
Labor Code of the Philippines
Process of negotiation between representatives and employers
Collective bargaining
The bargaining process
Collective negotiations
Pay for regular holidays
Holiday pay
Pay for special holidays
Premium pay
Temporary stoppage of work due to an industrial or labor dispute.
Strike
Types of visit under DOLE D.O. 238-23 (3)
•Technical and Advisory Visit
•Labor Inspection
•OSH Investigation
Type of visit:
- gen. labor standards, OSH, productivity, child and family welfare, and other DOLE policies –
online, onsite, hybrid
•Technical and Advisory Visit
Type of visit:
- employment records (3 yrs), interviews, inspection of premises
•Labor Inspection
Type of visit:
- disabling injury, imminent danger, dangerous occurrences
•OSH Investigation
Process of negotiation between employees and employers
Individual bargaining
Ensuring your company policies and actions adhere to labor laws in your country, state or municipality
HR Compliance
