Labor Law (PD 442) Flashcards
It includes any individual employed by an employer or any person hired to perform service of any kind for a valuable consideration, including household or domestic helped and crew member of vessels or seamen.
“Worker” or “Employee”
It refers (a) to those whose primary duty consist of the management of the establishment in which they are employed or of a department or subdivision thereof or (b) to other officers or members of the managerial staff.
Managerial employee
This shall refer to non-agricultural employees who regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.
Field personnel
Normal hours of work of any employee
shall not exceed eight (8) hours in a day
It shall include government and private resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
Health personnel
Hours worked shall include:
a. all time during which an employee is require to be on dutiy or to be at a prescribed workplace; and
b. alltime during which an employee is suffered or permitted to work
Meal periods
not less than sixty (60) minute time-off for their regular meals
Any employee may be required by theemployer to perform overtime work in any of the following cases: (5)
a. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
c. When there is urgent work to be performed on machines, installation, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth-hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
Right to Weekly Rest Day
It shall be the duty of any employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours for every seven (7) consecutive days.
The employer may require his employees to work on any day (5)
a. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; or in cases of urgent work tob e performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer:
b. in the event of abnormal pressure of work due to special circumstances where the employer cannot ordinarily be expected to resort to other measures;
c. to prevent loss or damage to perishable goods;
d. Where the nature of the work requires continuous operations and the stoppage ofwork may result in irreparable injury or loss to the employer; and
e. Under other circumstances analogous or similar to the foregoing as determined bythe Secretary of Labor
it includes 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, subdivisions and instrumentalities, all government-owned or -controlled corporations and institutions, as well as nonprofit private institutions or organizations;
Employer
paid to any employee shall mean the remuneration or earnings, however, designated, 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, which 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 includes the fair and reasonable value, as determined by the Secretary of Labor, of board, lodging, or other facilities customarily furnished by the employer to the employee. “Fair and reasonable value” shall not include any profit to the employer or to any person affiliated with the employer.
Wage
Wages shall be paid directly to the workers to whom they arc due, except:
a. In cases of force majeure rendering such payments impossible or under other special circumstances to be determined by the Secretary of Labor in appropriate regulations, in which cases the worker may be paid through another person under written authority given by the worker for the purpose; and
b. where the worker has died in which case the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings.
No employer shall pay the wages of an employee by means of _____.
promissory notes, vouchers, coupons, tokens, tickets, chits or any object other than legal tender, even when expressly requested by the employee.
Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because special circumstances.
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Wages shall be paid ____.
At least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
Payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions in the absence of a collective bargaining agreement or arbitration award:
- That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed; and
- That final settlement is made upon completion of the work.
Criteria for Minimum Wage Fixing
a. Cost of living;
b. Comparable wages and other incomes in the economy;
c. Fair return of the capital invested; and
d. The imperatives of economic and social development
No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:
a. In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the morning of the following day; or
b. In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o’clock in the morning of the following day; or
c. In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.
Facilities for Women
a. provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency;
b. Establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women;
c. Establish a nursery in a workplace for the benefit of the women employees therein; and
d. Determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.
It shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year
Thirteenth-month pay
It shall include all renumerations or earning paid by an employer to an employee for services rendered but may not include cost-of-living allowances granted, profit-sharing payments, and all allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee at the time of the promulgation of the Decree.
Basic Salary
PD 851 shall apply to all employers except to:
a. Distressed employers, such as (1) those which are currently incurring substantial losses or (2) in the case of non-profit institutions and organizations, where their income, whether from donations, contributions, grants and other earnings from any source, has consistently declined by more then forty (40%) percent of their normal income for the last two years
b. The Government and any of its political subdivisions
c. Employers of household helpers and persons in the personal service of another in relation to such workers; and
e. Employers of those who are paid purely on commission, boundary, or task basis, and those who are paid a fixed amount for performing a specific work, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall be covered by this issuance insofar as such workers are concerned.
This shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without regard to the time spent in producing the same.
Piece-rate basis
Private school teachers, including faculty members of colleges and universities, are entitled to 1/12 of their annual basic pay regardless of the number of months they teach or are paid within a year.
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New establishments operating for less than one year are not covered except subsidiaries or branches of foreign and domestic corporations.
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