M4.1 S1 + S2 Flashcards
Module 4.1 Session 1 + Session 2
Exertion by human beings of physical or mental efforts, or both, towards the production of goods or services
Labor
sector or group in society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under
managerial direction
Labor
system of accepted laws and regulations that govern behavior
CODE
Guidelines/laws/regulations that governs how labor of contracting labor is done in the Philippines
Labor Code of the Philippines
Labor Code of the Philippines aka PD ???
PD 442
When did Labor Code of the Philippines took effect?
November 1, 1974
Labor Code of the Philippines is Administered and enforced by the
Department of Labor and Employment (DOLE)
Basic guiding principles in making decisions related to employment
Labor Code of the Philippines
Basic Policy of the Labor Code
The state shall:
1. Afford _______ to labor
2. Promote full ________
3. Ensure equal work opportunities regardless of ______, _____, or ____
4. Regulate the relations between _____ and ______
5. Assure the rights of workers to __________, _______, _________, and _________ of work.
- protection
- employment
- sex, race or creed
- workers & employers
- self-organization, collective bargaining, security of tenure, and just & humane conditions
Labor Laws are considered with ______ & ______
Labor standards & Labor relations
Consideration in Labor Law which is regarding the:
minimum requirements prescribed by existing laws rules and regulations
Labor standards
Labor standards are related to:
-Wages
-hours of work
-cost-of-living allowance (COLA)
-other monetary & welfare benefits, including occupational safety, and health standards
Basic Rights of Workers under the Constitution:
What are the 4 LABOR STANDARDS Rights?
Right to:
-security of tenure
-receive a living wage
-share in the fruits of production
-work under Humane Conditions
Consideration in Labor Law which is regarding the:
deals with the relation between employers and employees
Labor relations
How employees should conduct themselves in organizing, collective bargaining, communicating, etc.
Labor relations
Two components of Wage
Minimum wage
Living Wage
The lowest wage that an employer is allowed to pay; determined by contract or by law
Minimum wage
T or F
Employers are allowed to pay less than minimum wage
False,
employer should not be paying less than minimum wage
amount of family income needed to provide for the family’s food and non-food expenditures
Living Wage
T or F
Minimum wages are the same between rural and urban areas
False,
different between rural and urban areas
Living Wage includes a _____% proportion of “other components” to allow for savings/investments
10%
Living Wage is set by
National Wages and Productivity Commission
T or F
Labor code has provisions regarding the discharge of employees
True
Basic Rights of Workers under the Constitution:
What are the 4 LABOR RELATIONS Rights?
Right to:
-organize themselves
-conduct collective Bargaining or negotiation with management
-engage in peaceful concerted actions including strike
-participate in policy and decision-making process
What are the 4 Management Rights?
Right to:
1. conduct business
2. prescribe rules
3. select and hire employees
4. transfer or discharge employees
no woman shall be employed or permitted to work with or without compensation in any:
What sectors and time?
-industrial undertaking (10pm-6am)
-commercial/non-industrial (12mn-6am)
-agricultural-nighttime (unless given 9 hours of rest)
Exception for women working in given sectors:
a. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or
other disasters or calamity, to prevent loss of life or property
or in cases of ________ or imminent danger to public safety
force majeure
Exception for women working in given sectors:
b. In case of urgent work to be performed on machineries, equipment or installation, to avoid ______ which the employer would otherwise suffer;
serious loss
Exception for women working in given sectors:
f. Where the women employees are _______ members of the ______ operating the establishment or undertaking
-immediate members
-family
Exception for women working in given sectors:
c. Where the work is necessary to prevent serious loss of _______
perishable goods
Exception for women working in given sectors:
e. Where the nature of the work requires the ______ and _____ of woman worker and the same cannot be performed with _______ by male worker;
-manual skill and dexterity
-equal efficiency
Exception for women working in given sectors:
d. Where the woman employee holds a responsible position of ________ or ______ nature, or where the woman employee has been engaged to provide _____ and ______ services;
-managerial or technical nature
-health and welfare services
Facilities and Benefits for Women:
What are the benefits?
-Paid in full during Maternity leave
-ML covers pregnancy, delivery, abortion or miscarriage
-2mos duration but should have worked an aggregate of 6mos prior
-applied only to 1st 4 deliveries
Exception for women working in given sectors:
g. Under other analogous cases exempted by the ________________ in appropriate regulations.
-Secretary of Labor and Employment
Facilities and Benefits for Women:
What are the facilities?
-Proper seats
-separate toilet room, lavatories and dressing room from men,
-nursery in the workplace
2 Exceptions of Minor employment:
- Public entertainment or information
-Not promote alcohol, tobacco or violence
-Contract
-Conditions above
What is the general rule for employment of minors?
No child below 15 years old shall be employed
Employment of Handicapped workers:
In Handicapped workers, earning capacity is impaired by ____ or ________ or ______
-age
-physical or mental deficiency
-injury
2 Exceptions of Minor employment:
- Directly under the sole responsibility of the parents or guardians. Provided:
-not endanger the child’s life, safety or morals
-not impair child’s normal development
-provides for schooling
Employment of Handicapped workers:
To receive ________ of the minimum wage
not less than 75%
Law policy on Employment of Handicapped workers
RA 7277
RA 7277 states that
-no ______ person shall be denied access to opportunities for _______ subject to the same terms and conditions of employment
-disabled person
-suitable employment
True or False
RA 7277 states that even if Handicapped Persons can do the same job, they should not be paid the same way
False,
If they can do the same, they should be paid the same way
Handicapped Persons may be employed:
a. Necessary to prevent ______ of employment opportunities
b. Does not create unfair competition in ______ or lower __________
-curtailment
-labor costs, standards of work
The RENUMERATION 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 and Employment, of board, LODGING OR OTHER FACILITIES CUSTOMARILY FURNISHED BY THE EMPLOYER TO THE EMPLOYEE
Wages
Examples of principles on wages
- Fair Day;s Wage for a Fair Day’s Labor
- Equal Pay for Equal Work
If there is no work performed by the employee, there can be no wage or pay unless the laborer was able, willing and ready to work but was prevented by management or was illegally locked out, suspended or dismissed
Fair Day’s Wage for a Fair Day’s Labor
Employees holding the same position or rank are presumed to be performing equal work
Equal Pay for Equal Work
The rules on wages apply to all employees except:
- Farm tenacy or leasehold
- Domestic service
- Persons working in their respective homes in needlework or in any cottage industry regiestered in the National Cottage Industry Development Authority
- Employees of cooperatives
Legal tender cannot pay with:
- Promisory notes
- Vouchers
- Coupons
- Tokens
- Tickets
- Chits or
- Any object other than legal tender
Exceptions (on legal tender?)
- Special circumstances determined by the Sec. Labor
- Stipulated in the CBA
(a) there is a bank within 1 km from the workplace
(b) the employer does not derive any benefit
(c) employees given reasonable time to encash
(d) with written consent
When to pay:
- at least once every two weeks
- twice a month at intervals not exceeding 16 days
- in amounts proportional to work done
- exceptions:
1. circumstances beyond the employer’s control
2. task cannot be completed within two weeks
Where to pay:
At or near the place of undertaking
Exceptions:
1. Emergencies or deterioration of peace and order
- Employer provides for free transportation
- Any other analogous circumstances
- No payment shall be made in any night clubs massage clinic or casinos or similar places.
Who to pay to
To the employee
Exceptions:
1. Payment to another person in exceptional circumstances where he is specially authorized to do so or authorized by existing law or the CBA
- Heirs of deceased workers
- Member of worker’s family where employeris authorized
How much to pay:
- Minimum wage
- except: farm tenants, domestic service and persons working in their homes in
needlework or any cottage industry - Determined by the Regional Tripartite Wages and Productivity Boards
Prohibitions Concerning Wages
- Payment of wages with less frequency than once a month
- Interference with the freedom of the employee to dispose of his wages
- Forcing, compelling or obliging employees to purchase merchandise, commodities, or other properties from the employer or from any other person
- Withholding of wages
- Deduction of wages as consideration of a promise of employment or retention of employment
- Refusal to pay or reduction in pay or otherwise discriminate as a retaliatory measure for filing a complaint
Wage deductions are generally not allowed, but what are the exceptions?
- With employee’s consent
- SSS/GSIS
- Philhealth
- Pag-ibig/ Home Development Mutual Fund
- Meals
- Payment to third persons
- Deduction of absences
- Without employee’s consent
- Insurance
- Union dues
- Cases authorized by the Sec. of Labor
- Debts of the employee
What RA is SSS and when was it mandated?
RA 1161
September 1, 1957
To render assistance to workers and their families in case of sickness, disability, death and old age
SSS (Social Security System)
6 % of monthly compensation (2 1⁄2 % employee, 3 1⁄2% employer)
SSS
RA of GSIS
RA 8291
9% of monthly compensation (employee), 12% of monthly compensation (employer)
GSIS (Government Service Insurance System)
Working and rest conditions discussed are applicable to all employees except:
- Government employees
- Managerial employees
- Field Personnel
- Members of the family of the employer who are dependent on him for support
- Domestic Help or persons in the personal service of another
- Workers paid by results
Elements of employer-employee relationship
- Selection and Engagement of the employee
- Payment of Wages
- Power of Dismissal
- Power to Control
Normal hours of work
- Not to exceed 8 hours, includes (anytime between 6:00 am to 10:00 pm) :
- All the time during which an employee is required to be on duty or to be at a prescribed workplace
- All the time during which an employee is suffered or permitted to work
- Rest periods not exceeding 20 mins
- Meal periods not less than 20 mins.
Meal Period
- Should not be less than 60 mins.
- Not compensable unless required to work
- May be less than 60 but not less than 20 mins, but compensable in this case
Night Shift Differential
- what is the percentage in relation to regular wage
- what time of day for work
- 10% of regular wage
- For hours worked between 10 pm and 6 am
Overtime pay
- what is percentage in relation to regular wage
- how many hours
- what is percentage in relation to regular wage if working on holiday or rest day
- is offset available?
- when to render overtime work?
- 25% of regular wage
- For hours worked exceeding 8 hours of work
- 30% if performed on a holiday or rest day
- Not offset by undertime on a different day
- Employees cannot be compelled to render overtime work except during “emergency”
Weekly rest period
- Not less than 24 hours after 6 consecutive days of work (based on CBA, preference or rules and regulations of DOLE)
- May not be required to work except: actual or impending emergency, urgent work, abnormal circumstances, perishable goods, work is of continuous nature
Compensation for rest day, Sunday, or holiday work
Additional of at least 30% of regular wage:
1. Scheduled Rest day
2. Regular Holiday
3. Special Day
See: DOLE MC No. 01 and Proc.84 (Holidays)
What serves as the primary reference on legal matters concerning employment in the Philippines?
The Labor Code of the Philippines
T or F: Knowing and understanding the law is optional for managers as it is mostly common sense that is necessary for managing employees and preventing their rights are not violated
F: Correct interpretation of the law is crucial for managers to manage employees without violating their rights.
