Social Legislation Flashcards
1
Q
What is RA 10361?
A
The Domestic Workers Act or Batas Kasambahay
2
Q
What are Batas Kasambahay’s policies?
A
- Rights and principles in labor force, being a primary social force, shall be promoted and protected by the State
- The State adheres to internationally accepted working conditions
- The State recognizes the need to protect its workers from abuse or anything harmful to their physical and mental health
- The State promotes gender-sensitive measures in the formulation and implementation of the program
3
Q
What is debt bondage?
A
Rendering of service by the domestic worker as security or payment for a debt where the length and nature of service is not clearly defined or when the value of the service is not reasonably applied in the payment of the debt.
4
Q
What is deployment expenses?
A
Expenses that are directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation.
Advances and loans excluded.
5
Q
What is domestic work?
A
Work performed in or for a household/s.
6
Q
What is a domestic worker or kasambahay?
A
Any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
Children who are under foster family arrangement excluded.
7
Q
What is an employer?
A
Any person who engages and controls the services of a domestic worker and is party to the employment contract.
8
Q
What is a household?
A
Immediate members of the family or the occupants of the house that are directly provided services by the domestic worker.
9
Q
What is the Private Employment Agency or PEA?
A
It refers to any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment.
10
Q
Who are working children?
A
Domestic workers who are 15 yrs old and above but below 18 years old.
11
Q
Rights and Privileges of a Domestic Worker
A
- Kasambahay shall be free from any form of abuse
- Basic necessities shall be provided for the kasambahay (meals, sleep)
- Privacy
- Access to outside communication
- Right to education and training
- Kasambahay shall be prohibited from disclosing privileged information and shall be inadmissible in evidence except when the suit involves the employer or any member of the household in a crime against persons, property, personal liberty, and security, and chastity
12
Q
What are included in the employment contract?
A
- Duties and responsibilities of the domestic worker
- Period of employment
- Compensation
- Authorized deductions
- Hours of work and proportionate additional payment
- Rest days and allowable leaves
- Board, lodging, and medical attention
- Agreements on deployment expenses, if any
- Loan agreement
- Termination of employment
- Any other lawful condition agreed upon by both parties
13
Q
May the employer require a domestic worker to make deposits from which deductions shall be made for the reimbursement of loss or damage to tools, materials, furniture and equipment in the household.
A
No. This is unlawful.
14
Q
Where shall domestic workers be registered?
A
They shall be registered by their employers in the Registry of Domestic Workers in the barangay where the employer’s residence is located. The Department of the Interior and Local Government shall, in coordination with the Department of Labor and Employment, formulate a registration system for this purpose.
15
Q
Who is in charge of providing efficient training, assessment, and certification based on a duly promulgated training program to the domestic workers?
A
The DOLE, through the Technical Education and Skills Development Authority (TESDA)
16
Q
How many hours of daily rest period is a domestic worker entitled to?
A
8 hours a day.
17
Q
How many hours of weekly rest period is a domestic worker entitled to?
A
At least 24 consecutive hours of rest in a week.
But they may also agree to the ff:
1. offsetting a day of absence with a particular rest day
2. waiving a particular rest day in return for an equivalent daily rate of pay
3. accumulating rest days not exceeding 5 days
or other similar arrangements.
18
Q
Amount of minimum wage
A
P2,500/ month - NCR
P2,000/month - chartered cities and first class municipalities
P1,500/month - other municipalities
19
Q
How frequent shall payment be made to a domestic worker?
A
At least once a month.
20
Q
In what forms can payment be made to a domestic worker?
A
Only in cash.
No promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than cash wage.
21
Q
Is a domestic worker entitled to a 13th month pay?
A
Yes, as provided for by law.
22
Q
How long shall a copy of a pay slip be kept by the employer?
A
3 years
23
Q
What are the leave benefits of a domestic worker?
A
If the domestic worker has rendered at least 1 year of service, he shall be entitled to an annual service incentive leave of 5 days with pay.
Unused leaves cannot carry over to the next years or be convertible to cash.
24
Q
What other benefits can a domestic worker have?
A
A domestic worker who has rendered at least 1 month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or PAG-IBIG.
25
If a domestic worker is receiving a wage of 5,000 and above per month, shall the premium payments or contributions be shouldered by the employer?
No.
26
Who shall rescue an abused domestic worker?
by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials.
The DSWD and DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.
27
Can the domestic worker or employer terminate the contract before the expiration of the term?
Generally no.
Exceptions: Sec. 33 and 34
28
If the domestic worker was unjustly dismissed, shall the domestic worker be paid the compensation already earned plus the equivalent of 15 days work by war of indemnity?
Yes.
29
If the domestic worker leaves without justifiable reason, shall any unpaid salary due not exceeding 15 days work be forfeited?
Yes. The employer may also recover from the domestic worker costs incurred related to the deployment expenses, if any (provided that the service has been terminated within 6 months from the domestic worker's employment.
30
What if the domestic service is not determined in stipulation or by the nature of the service?
The employer or the domestic worker may give notice to end the working relationship 5 days before the intended termination of the service.
The domestic worker and the employer may also mutually agree upon written notice to pre-terminate the contract of employment to end the employment relationship.
31
Enumerate the causes in which a domestic worker may terminate the employment relationship at any time before the expiration of the contract
1. Verbal or emotional abuse of the domestic worker by the employer or any member of the
household
2. Inhuman treatment
3. Commission of a crime or offense against the domestic worker by the employer or any member of the household
4. Violation by the employer of the terms and conditions of the employment contract and other standards set forth under this law
5. Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
household
6. Other causes analogous to the foregoing
32
Enumerate the causes in which an employer may terminate the employment relationship at any time before the expiration of the contract
1. Misconduct or willful disobedience by the domestic worker of the lawful order of the employer in
connection with the former’s work
2. Gross or habitual neglect or inefficiency by the domestic worker in the performance of duties
3. Fraud or willful breach of the trust reposed by the employer on the domestic worker
4. Commission of a crime or offense by the domestic worker against the person of the employer or any immediate member of the employer’s family
5. Violation by the domestic worker of the terms and conditions of the employment contract andother standards set forth under this law
6. Any disease prejudicial to the health of the domestic worker, the employer, or member/s of the
household
7. Other causes analogous to the foregoing
33
What is the extent of PEA's liability with employer for all the wages, wage-related benefits, and other benefits due a dometic worker?
Jointly and severally liable
34
Responsibilities of the PEA
1. Ensure that domestic workers are not charged or levied any recruitment or placement fees
2. Ensure that the employment agreement between the domestic worker and the employer stipulates
the terms and conditions of employment
3. Provide a pre-employment orientation briefing to the domestic worker and the employer about their rights and responsibilities in accordance with this Act
4. Keep copies of employment contracts and agreements pertaining to recruited domestic workers which shall be made available during inspections or whenever required by the DOLE or local government official
5. Assist domestic workers with respect to complaints or grievances against their employers
6. Cooperate with government agencies in rescue operations involving abused or exploited domestic
workers
35
Who handles all labor-related disputes?
the DOLE Regional Office having jurisdiction over the workplace without prejudice to the filing of a civil or criminal action in appropriate cases
36
What is RA 8042?
Migrant Workers and Overseas Filipinos Act of 1995
It is a police power measure intended to regulate the recruitment and deployment of OFWs. It aims to curb the injustices and abuses suffered by numerous OFWs seeking to work abroad.
37
Policies of RA 8042
1. to uphold the dignity of each State's citizens whether in country or overseas
2. to afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all (to provide adequate and timely social, economic and legal services to Filipino migrant workers)
3. to recognize the significant contributions of FIlipino migrant workers to the national economy through their foreign exchange remittances
4. to affirm the fundamental equality of men and women and the significant role of women in nation-building
5. rights and interests of distressed overseas Filipinos be adequately protected and safeguarded (free access to courts and quasi-judicial bodies)
6. The right of Filipino migrant workers to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment
7. Ultimate protection to all migrant workers is the possession of skills
8. State cooperation with non-governmental organizations
9. Free government fees and other administrative costs
38
Who is a migrant worker?
a person who is to be engaged, is engaged or has been engaged in are numerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker.
39
What is gender-sensitivity?
cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes.
40
What is overseas Filipinos?
dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act.
41
What are the guarantees on the part of the receiving country for the protection and the rights of overseas Filipino workers?
1. It has existing labor and social laws protecting the rights of migrant workers
2. It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of
migrant workers
3. It has concluded a bilateral agreement or arrangement with the government protecting the rights
of overseas Filipino workers
4. It is taking positive, concrete measures to protect the rights of migrant workers
42
What is illegal recruitment?
any act of canvassing,enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contactservices, promising or advertising for employment abroad, whether for prot or not, when undertaken by anon-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, asamended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shallbe deemed so engaged. It shall likewise include the following acts, whether committed by any persons,whether a non-licensee, non-holder, licensee or holder of authority.
43
When is illegal recruitment deemed committed by a syndicate?
When it is carried out by a group of 3 or more persons conspiring or confederating with one another
44
When is illegal recruitment deemed committed in large scale?
If it is committed against 3 or more persons individually or as a group.
45
Who has the original and exclusive jurisdiction to hear and decide claims arising out of an employer-employee relationship?
the Labor Arbiters of the National Labor Relations Commission (NLRC) within 90 calendar days after filing of the complaint.
46
In case of termination of overseas employment without just, valid or authorized cause as dened by lawor contract, the workers shall be entitled to the full reimbursement of his placement fee with interest oftwelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract orfor three (3) months for every year of the unexpired term, whichever is less.
True.
47
Consequences of non-compliance with the mandatory periods for resolutions of cases
(a) The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith;
(b) Suspension for not more than ninety (90) days; or
(c) Dismissal from the service with disqualifications to hold any appointive public office for five (5)years.
48
Prescription for illegal recruitment
5 years provided that illegal recruitment cases involving economic sabotage shall prescribe in 20 years.
49
Who shall establish the mechanisms for free legal assistance for victims of illegal recruitment
Department of Labor and Employment including its regional offices. Such mechanism must include coordination and cooperation with the Department of Justice, the Integrated Bar of the Philippines, and other non-governmental organizations and volunteer groups.
50
The provisions of Republic Act No. 6981 to the contrary, notwithstanding, any person who is a victim of
illegal recruitment shall be entitled to the Witness Protection Program provided thereunder
True.
51
What is the purpose of the re-placement and monitoring center?
for the reintegration of returning Filipino migrant workers
52
Functions of the re-placement and monitoring center
(a) Develop livelihood programs and projects for returning Filipino migrant workers in coordination with the private sector;
(b) Coordinate with appropriate private and government agencies the promotion, development, re-placement and the full utilization of their potentials;
(c) Institute in cooperation with other government agencies concerned, a computer-based information system on skilled Filipino migrant workers which shall be accessible to all local recruitment agencies and employers, both public and private;
(d) Provide a periodic study and assessment of job opportunities for returning Filipino migrant workers.
53
What did RA 10361 repeal?
Chapter III (Employment of Househelpers) of the Labor Code. It excluded from coverage family drivers whose rights are now covered by the Civil Code.
54
Who are covered by the Kasambahay Law?
a. General househelp
b. Yaya
c. Cook
d. Gardener
e. Laundry person
f. Any person who regularly performs domestic work in one household on an occupational basis
not covered:
a. Service Providers
b. Family drivers
c. Children under foster family arrangement
d. Any other person who performs work occasionally or sporadically and not on an occupational basis.
55
Which acts pertain to illegal recruitment?
Under Section 6 of R.A. No. 8042, illegal recruitment, when undertaken by a non-licensee or non-holder of authority as contemplated under Article 13(f) of the Labor Code, shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers, and including referring, contract services, promising or advertising for employment abroad, whether for profit or not. (People v. Estrada, G.R. No. 225730, February 28, 2018, 857 SCRA 84, 98-99)
56
What are the elements to sustain conviction for illegal recruitment under RA 8042?
1. The offender has no valid license or authority required by law to enable one to lawfully engage in the recruitment and placement of workers
2. The offender undertakes any of the activities within the meaning of recruitment and placement defined in Article 13(b) of the Labor Code, or any of the prohibited practices enumerated under Section 6 of RA 8042.
If committed in large scale,
3. The offender commits the illegal recruitment against 3 or more persons, individually or as a group
57
What is security of tenure?
Security of tenure is a term used in political science to describe a constitutional or legal guarantee that a political office-holder cannot be removed from office except in exceptional and specified circumstances.
This means no employee shall be dismissed unless there are just or authorized causes and only after compliance with procedural and substantive due process.
58
Constitutional basis of workers' rights?
Article 8, sec. 3
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 shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
59
Employees are not stripped of their security of tenure when they move to work in a different jurisdiction. With respect to the rights of overseas Filipino workers, we follow the principle of lex loci contractus. T or F.
True.
60
Liability of principal/employer and the recruitment/placement agency
The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all
money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and
directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and
damages.
It is intended to give utmost protection to the overseas Filipino worker, who may not have the resources to pursue her money claims and damages against the foreign principal/employer in another country.
61
What is RA11227?
Handbook for OFWs Act of 2018
62
Objectives of the Handbook
a) to empower every overseas Filipino worker (OFW) by making them fully aware of their rights and responsibilities
b) to complement the worker education program of various agencies
c) to provide a basic information on the labor and living conditions in the country of their destination
d) to make the workers well aware of the benefits and drawbacks of working overseas
e) to provide necessary information for their reintegration into the Philippine society
63
Responsibility of the POEA
to develop, publish, disseminate and update periodically a Handbook on the rights and responsibilities of migrant workers as provided by Philippine laws and the existing labor and social laws of the countries of destination that will protect and guarantee the rights of migrant workers.
64
Agencies mandated to implement the law
The Philippine Overseas Employment Administration (POEA) in coordination with
1. Department of Labor and Employment (DOLE)
2. Overseas Workers Welfare Administration (OWWA)
3. Department of Foreign Affairs (DFA)
4. Inter-Agency Council Against Trafficking (IACAT)
5. Commission on Filipinos Overseas (CFO)
6. Maritime Industry Authority (MARINA)
65
What is RA10801?
It is the Overseas Workers Welfare Administration Act. It repealed LOI No. 537, PD Nos. 1694 and 1809
66
Policy of OWWAA
to afford full protection to labor, local and overseas, organized and unorganized, and promote full employment opportunities for all.
67
What is OWWA?
The Overseas Workers Welfare Administration. It is one of the principal agencies of the State to serve and promote the rights, interest and welfare of the OFWs and their families.
It is a national government agency vested with the special function of developing and implementing welfare programs and services that respond to the needs of its member-OFWs and their families. It is endowed with powers to administer a trust fund to be called the OWWA Fund. Being a chartered institution, the OWWA shall not fall under any of the following categories: government instrumentalities with corporate powers (GICPs), government corporate entities (GCEs), government financial institutions (GFIs) and/or government-owned or -controlled corporations (GOCCs). The OWWA shall be an attached agency of the Department of Labor and Employment (DOLE). Its officials and employees are covered by the Salary Standardization Law. (Sec. 4)
68
Scope of the OWWA Act
This Act shall apply to the OWWA, the OWWA Secretariat, the OWWA Fund, to its member-OFWs and those who will avail of the voluntary membership program of the OWWA, and to overseas recruitment/manning agencies/employers who are duly registered with the Philippine Overseas Employment Administration (POEA). (Sec. 5)
69
OWWA Functions
(a) To protect the interest and promote the welfare of member-OFWs in all phases of overseas employment in recognition of their valuable contribution to the overall national development effort;
(b) To facilitate the implementation of the provisions of the Labor Code of the Philippines (Presidential Decree No. 442, as amended) and the Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042, as amended)
(c) To provide social and welfare programs and services to member-OFWs, including social assistance, education and training, cultural services, financial management, reintegration, and entrepreneurial development services;
(d) To provide prompt and appropriate response to global emergencies or crisis situations affecting OFWs and their families;
(e) To ensure the efficiency of collections and the viability and sustainability of the OWWA Fund through sound, judicious, and transparent investment and management policies;
(f) To undertake studies and researches for the enhancement of the social, economic, and cultural well-being of member-OFWs and their families;
(g) To develop, support and finance specific projects for the welfare of member-OFWs and their families; and
(h) To ensure the implementation of all laws and ratified international conventions within its jurisdiction.
70
Who are considered dependents?
a. legal spouse
b. legitimate, illegitimate, legitimated, and legally adopted child, who is unmarried, not gainfully employed, and not over the age of majority, or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect
c. the parents who rely primarily upon the member-OFWs for support
d. a sibling who is unmarried, not gainfully employed, and not over the age of majority, or is over the age of majority but incapacitated and incapable of self-support due to a mental or physical defect
71
Who is considered an OWWA member?
An OFW with a paid contribution or membership fee.
72
Classifications of OWWA membership
Active member - refers to an OFW whose last payment of contribution is still within the two-year period of membership
Non-active member - refers to an OFW whose two-year OWWA membership coverage has expired
73
Who is considered a non-OWWA member?
Non-OWWA member refers to an undocumented OFW and who has not availed of the voluntary membership of the OWWA.
Under the IRR, a non-OWWA member refers to an undocumented OFW who was not processed through the POEA and who has not availed of the voluntary membership of the OWWA.
74
Who is considered a voluntary OWWA member?
It refers to the OFW who has availed of the voluntary membership of the OWWA at job sites or through electronic registration.
75
Who is an OFW?
An OFW refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which the person is not a citizen, or on board a vessel navigating the foreign seas other than a government ship used for military or noncommercial purposes, or on an installation located offshore or on the high seas.
76
How is OWWA membership obtained?
a. by compulsory registration upon processing of employment contracts of OFWs at the POEA
b. by voluntary registration of OFWs at job sites, or through electronic registration.
77
What happens when the employer or the manning and recruitment agency fails to pay the membership contribution?
He shall be liable to pay all the OWWA benefits due to an active OWWA member.
78
What comprises of the OWWA Board of Trustees?
a. Secretary of Labor and Employment, as Chairperson
b. OWWA Administrator, as Vice Chairperson
c. Secretary of Foreign Affairs
d. Secretary of Finance
e. Secretary of Budget and Management
f. POEA Administrator
g. 2 representatives from the land-based OFWs who are nominated and appointed in accordance with the provisions of RA 8042, as amended by RA10022
h. 2 representatives from the sea-based OFWs
i. 1 representative from the women sector
j. 1 representative from the land-based recruitment sector who is selected from among the various associations of registered overseas placement and recruitment agencies based in the Philippines, who shall be appointed by the President of the Philippines to serve a single term of 3 years
k. 1 representative from the sea-based manning sector
79
Responsibilities and powers of the Board of Trustees
(a) To define the thrusts of the OWWA and adopt policy guidelines to ensure their implementation;
(b) To preserve the integrity of the OWWA Fund;
(c) To approve programs, projects, and the organizational structure of the OWWA Secretariat;
(d) To modify or adjust the membership contribution and other necessary charges based on periodic reviews and actuarial studies, subject to due consultation with OFWs or nongovernment organizations (NGOs) advocating the protection of the rights and welfare of OFWs and their families;
(e) To formulate rules and regulations governing financial transactions and prepare the annual and supplemental budget of the Secretariat for submission to the DBM;
(f) To formulate rules and regulations governing the conduct and discipline of OWWA officials and employees in accordance with civil service rules;
(g) To ensure the efficiency of collection and the viability and sustainability of the fund through sound and judicious investment and fund management policies;
(h) To receive and appropriate all sums to carry out the purposes and functions of the OWWA;
(i) To authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real and personal properties, including the necessary supplies, materials and equipment;
(j) To receive in trust legacies, gifts and donations of real and personal property of all kinds, and to administer and dispose the same when necessary for the benefit of the OWWA general membership and subject to the instructions of the donor, if any;
(k) To delegate any of its powers to the Chairperson of the Board or to the Administrator of the OWWA Secretariat in case of any national emergency that affects the rights and welfare of its member-OFWs and their families;
(l) To prescribe such general policies, rules and regulations, not contrary to law, consistent with the purposes of the OWWA subject to due consultation with OFWs or NGOs advocating the protection of the rights and welfare of OFWs and their families; and
(m) To exercise such, powers as may be proper and necessary to carry out the objectives of this Act.
80
Duties and responsibilities of the OWWA Secretariat
The OWWA Secretariat shall be the implementing arm of the OWWA.
(a) To implement all decisions and policies promulgated by the Board including investment and fund management;
(b) To manage programs and implement the delivery of welfare services to its members, both local and overseas, supported by advocacy and information campaign programs;
(c) To formulate medium-term development plans responsive to the welfare, needs, and demands of member-OFWs;
(d) To submit work and financial plans for Board consideration;
(e) To provide policy analyses and recommendations for Board consideration;
(f) To conduct continuing research and studies, including impact evaluation, in aid of policy and program development;
(g) To regularly monitor and conduct assessment and evaluation of organizational performance;
(h) To establish and maintain an on-line management information system, which shall include a database on membership;
(i) To establish and maintain linkages and networks with social and institutional partners, both local and international;
(j) To submit written quarterly reports on the assessment and evaluation of programs, projects and services, and such other reports as may be required by the Board;
(k) To conduct an annual planning, budgeting and organizational performance assessment, and render the corresponding report to the Board;
(l) To submit annual reports to the Board, the Congress and the President of the Philippines;
(m) To undertake a periodic review of programs, standards, thrusts, and policies;
(n) To perform other functions as may be instructed by the Board; and
(o) To adopt internal rules of procedure consistent with the provisions of this Act.
81
Who is in charge of the management and supervision of OWWA?
The Administrator
As the Chief Executive Officer of the Secretariat, the Administrator shall oversee the overall operations of the Secretariat, which shall include the general supervision and control of all its personnel and resources, and the assumption of full responsibility and accountability thereof.
The Administrator must possess good leadership and managerial skills, and shall be appointed by the President of the Philippines. The Administrator shall report to the President, through the Secretary of the DOLE, and shall perform the duties and functions stated in this Act and all the necessary and related functions of the office of the Administrator, subject to the policies and rules prescribed by the OWWA Board.
Two (2) Deputy Administrators shall assist the Administrator in the management and supervision of operations of the OWWA. There shall be one (1) Deputy Administrator for Administration and Fund Management, and one (1) Deputy Administrator for Operations. They shall also be appointed by the President upon the recommendation of the Administrator. They must also possess good leadership and managerial skills. The Board may assign specific functional responsibilities to the Deputy Administrators.
82
Guiding principles on OWWA benefits and services?
To provide gender-responsive reintegration programs, repatriation assistance, loan and credit assistance, on-site workers assistance, death and disability benefits, health care benefits, education and skills training, social services, family welfare assistance, programs and services for women migrant workers and other appropriate programs that provide timely social and economic services.
83
Benefits and services to OFWs
a. Reintegration of OFWs
- National Reintegration Center for OFWs (attached office of OWWA) shall be headed by an Executive Director who shall be under the supervision of the OWWA Administrator
b. Repatriation assistance
c. Loan and other credit assistance
d. Workers assistance and on-site services
e. Social benefits
- Death and disability benefits
- Health care benefits
- Education and training benefits
84
What is the OWWA Fund?
It is a private fund held in trust by the OWWA. This is not part of the fund of the National Government because it is a trust fund.
It is exempted from the "one fund doctrine" of the government.
85
What is RA8187?
Paternity Leave Act of 1996
Every married male employee in the private and public sectors shall be entitled to a paternity leave of 7 days with full pay for the first 4 deliveries of the legitimate spouse with whom he is cohabiting.
86
What is paternity leave?
it refers to the benefits granted to a married male employee allowing him not to report for work for 7 days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for pruposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.
87
Conditions for entitlement of paternity leave benefits
a. he is employed at the time of delivery of his child
b. he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof
c. his wife has given birth, suffers a miscarriage or an abortion
88
The paternity leave benefit shall be availed of not later than sixty (60) days after the date of said delivery. T or F.
True.
89
Apex Mining Co. v. NLRC
Candida performed laundry services at the staff house of Apex Mining Company. She had an accident during her work, slipped and hit her back on a stone. She was permitted to go on leave for medication. However, De la Rosa, the immediate supervisor also offered her money to persuade her to quit the job. Candida preferred to go back to work but she was still dismissed.
Basically, this case established that being a person who performs laundry services for a company, not for the enjoyment of the family, she is not considered as a househelper. She is considered as a regular employee who is entitled to appropriate relief.
90
Barcenas v. NLRC
The Buddhist Temple hired Barcenas as secretary and interpreter. She had sexual relations with the head monk and had a child with him. She gave birth sometime in 1982. Unfortunately, the head monk, the child's father died in 1983. But up to this point, Barcenas still worked for the Buddhist Temple. In 1985, Chua was elected as the new Head Buddhist Priest. Thereafter, he stopped giving Barcenas her monthly allowance and he also evicted Barcenas and her child from the Temple, claiming that Barcenas was not actually an employee of the Temple but only attended to the personal needs of the former head monk and should have been terminated alongside him.
So the issue here was whether Barcenas was actually an employee of the temple. The nature of her work was not purely domestic. She attended to the visitors, arranged meetings between the visitors and Su, served as a tour guide, among other things. Basically, what she did was essential and important to the operation and religious functions of the temple.
However, there was no proof that she filed for a leave or that she was granted of such benefit nor was it found that she was re-hired by the new monk so her status as a regular employee ended when she left the temple.
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People v. Abella
Illegal recruitment in large scale - 3 or more persons, individually or as a group
SEC. 6. Definition. – For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:
(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.
