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
