Lesson 8 Flashcards
the tourism industry with the labor intensive nature is prone to many kinds of labor issues hands labor law plays a vital role in the efficient operation of the various business enterprises related to tourism
Labor Law
Labor Code of PH: as amended and remembered per DOLE department advisory no.1 series of 2015
Presidential Decree no. 422
____ consists of statutes relations and jurisprudence governing the relations between capital and labor by providing certain employment standards in a legal framework for negotiating adjusting administering those standards and other incidents of employment
Labor Law
the minimum requirements for cyber existing law rules and regulations rating the wages hours of work cause of living allowance and other monetary and welfare benefits including occupational safety and health standards in which defines the status, rights and duties and the institutional mechanisms that govern individual and collective interactions of employers employees or their representatives
Labor Standard
the state shall afford full protection to labor local and overseas organized and unorganized and promote full employment and equality of employment opportunities for all.
it show guarantee the rights of all workers to self organization collective bargaining and negotiations and peaceful concert to the activities including the right to strike in accordance with law they shall be entitled to security of tenure human conditions of work and the living wage they shall also participate in policy and decision making processes affecting their rights and benefits as may be provided by law
the state of a model principle of shared responsibility between workers and employers and the preferential use of voluntary modes and settling disputes including consolation and shall enforce their mutual compliance there with the foster industrial peace
the state shall regulate the relations between workers and employers recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonably return on investments and to expansion of growth
Art. 13. Social Justice and Human Rights Section 3
the state shall protect women by providing safe and healthful working conditions taking into account their maternal functions and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation
Art. 13. Social Justice and Human Rights Section 14
the stage respect the role of independent people’s organizations to enable the people to pursue and protect within the democratic framework the legitimate and collective interest inspirations through peaceful and lawful means
people organizations o have bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership membership and structure
Art. 13. Social Justice and Human Rights Section 15
the right of the people in the organizations to effective and reasonable participation at all levels of social political and economic decision making shall not be a bridged the state shall by law facilitate the establishments of adequate consultation mechanisms
Art. 13. Social Justice and Human Rights Section 16
those who have been engaged to perform activities which are usually necessary or desirable in the usual trade our business of the employer those casual employees who have rendered at least one year of service whether such services continuous are broken with respect to the activity in which they are employed an employee who is allowed to work after probationary period worker supplies by labor only contractor to the principles should be considered regular employee of the latter provides workers only but he has no capacity capital facilities and equipment to do the job this is not allowed in the philippines
Regular Employees
those whose employment is neither regular projector seasonal
there is casual employment when an employee is engaged to perform a job work or service which is merely incidental to the business of the employer and such a job work or service is for a definite period known to the employee at the time of the engagement
any employee who has rendered at least one year of a service father continues are not shall be considered a regular employee with respect to the activity in which he is employed in his employer shall continue while such activity exists
for example a mechanic who is ride from time to time to fix a machinery in manufacturing company is a casual employee a painter in a reality company who has higher to repaint a company building is a cashier employee work of a painter is not usually necessary to the business of a realty company
Casual Employees
those who work or services are seasonal in nature and employment is for the duration of the season
An example is a farmer owner who hires is an employees who works on a certain harvest season because of the increased work
for restaurant who implies during holiday periods because of increased work and demand of customers
Seasonal Employees
those whose employment has been fixed for a specific project or and then taking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is essential in nature and they play employment is for the duration of the season and examples of worker who is hired to work in a building a house project his employment is up to the point of the completion of the project only
Project employees
a _____ is one horizontal by an employer employer during which the employer determines whether or not he is qualified for permanent employment employment shall not exceed 6 months from the date the employee started working enjoys only temporary employment status not a permanent status he can be terminated upon just or authorized cause even during the six month period
probationary employees
those who are covered in employment contracts providing for “term employment” or “fixed period employment” valid when the period upon has been knowingly and voluntarily agreed by the employer and employee without force or duress
Fixed-term Employment
also referred to as “migrant workers” first to a person who is to be engaged is engaged or has been engaged in renumeration in a state of which he is or she is not legal resident
Overseas Filipino Workers