Professional Documents
Culture Documents
PRELIMINARY TITLE
7.Right to Participate in Policy &
CHAPTER I Decision-Making Processes affecting
GENERAL PROVISIONS their rights and benefits as may be
provided by law
RELATED LAWS:
ART 1. NAME OF DECREE
0 CIVIL CODE: see Arts. 1700, 1701and 1703
LABOR LEGISLATION - Consists of 1 REVISED PENAL CODE: Art. 289
statutes, regulations and jurisprudence 2 OTHERS: SSS Law, GSIS Law, Agrarian
governing the relations between capital and Reform Law, the 13th month pay law, the
labor, by providing for certain standards of terms
Magna Carta for Public Health Workers, etc.
and conditions of employment or providing a
legal framework within which these terms and RATIONALE :
conditions and the employment relationship may
be negotiated, adjusted and administered. It is 23 The raison d etre of labor laws is the
divided into labor standards and labor relations. POLICE POWER of the State
LABOR STANDARDS - Are the minimum
ART 3. DECLARATION OF BASIC
requirements prescribed by existing laws,
rules and regulations relating to wages, POLICY
hours of work, cost-of-living allowance, and The State shall afford protection to labor,
other monetary and welfare benefits, promote full employment, ensure equal work
including occupational safety, and health opportunities regardless of sex, age or creed,
standards. and regulate the relations between workers and
employers. The State shall assure the right of
LABOR RELATIONS LAW - defines the
workers to self -organization, collective
status, rights, and duties and the institutional
bargaining, security of tenure, and just and
mechanisms that govern the individual and
humane conditions of work.
collective interactions of employers, employees
or their representatives. EMPLOYER - one who employs the
0 The law which
services of others; one for whom employees
seeks to stabilize the relation between employer
work and who pays their wages or salaries.
and employee, to forestall and thresh out their
differences through the encouragement of
EMPLOYEE - one who works for an
collective bargaining and the settlement of labor
disputes through conciliation, mediation, and employer; a person working for salary or wages
arbitration.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
WORKER -any member of the labor force,
whether employed or unemployed
PRESCRIPTIVE PERIOD
Illegal Recruitment cases under RA 8042 shall
prescribe in five (5) years Provided, however,
That illegal recruitment cases involving
economic sabotage shall prescribe in twenty
(20) years.
BOOK TWO
HUMAN RESOURCES binds himself to train the apprentice and the
DEVELOPMENT apprentice in turn accepts the terms of training
APPRENTICESHIP AGREEMENT - an
employment contract wherein the employer
Requisites for tax deductions in case learner as regular
employers have apprenticeship employee if he
programs: desires upon
completion of
Program duly recognized by the Department of learnership
Labor 4. In case of 4. Learner is
Deduction shall not exceed 10% of direct
labor wage pretermination of considered as a
Pay his apprentices the minimum wage the apprenticeship regular employee
agreement, the in case of
worker is not pretermination of
ART 72. APPRENTICES WITHOUT
considered as a contract after 2
COMPENSATION regular employee mos. of training
and the dismissal
Apprentices who may be hired without is without fault of
compensation: learner
5. Highly technical 5. Semi-skilled /
1.those whose training on the job
is required by the school; industries and only industrial
2.Training Program Curriculum; in industrial occupations
3.Requisite for Graduation; or occupation
4.A requisite for Board Examination
Learners in piecework/ incentive - rate jobs
are to be paid in full for the work done.
CHAPTER II
LEARNERS
CHAPTER III
ART 73. LEARNERS DEFINED HANDICAPPED WORKERS
LEARNERS - persons hired as trainees in ART 78. DEFINITION
semi-skilled and other industrial occupations
which are non-apprenticeable and which may be HANDICAPPED WORKERS - Are those
learned thru practical training on the job in a whose earning capacity is impaired by age or
relatively short period of time which shall not physical or mental deficiency or injury.
exceed 3 mos.
Subject to the provisions of the Code,
APPRENTICESHIP LEARNERSHIP handicapped workers may be hired as
regular workers, apprentices or learners
1. Practical training on 1. Hiring of persons if their handicap is not such as to
effectively impede the performance of job
the job as trainees in operations in the particular occupations for
supplemented by semi-skilled and which they were hired.
related theoretical other industrial
instruction. occupations which qualified disabled employee shall be subject to
are non- the same terms and conditions of
apprenticeable and employment and the same compensation,
which may be privileges, benefits, fringe benefits,
learned thru incentives or allowances as a qualified able-
practical training bodied person. Even a handicapped worker
on the job in a can acquire the status of a regular
relatively short employee.
period of time.
2. Not less than 3 2. Practical training Duration of employment - no minimum, no
maximum. Dependent on agreement but is
months practical on the job not to necessary that there is a specific duration
training on the job exceed 3 mos.
but not more than 6 BOOK THREE
months CONDITIONS OF EMPLOYMENT
3. No Commitment to 3. With Commitment
NIGHT SHIFT DIFFERENTIAL -Additional The minimum normal working hours fixed by the
compensation of not less than ten percent Act need not be continuous to constitute
(10%) of an employees regular wage for every the legal working day
hour of work done between 10:00 PM and 6:00
AM, whether or not this period is part of the Express approval by a superior is not a
workers regular shift. prerequisite to make overtime work
compensable. HOWEVER, written authority
If work done between 10 PM and 6 AM is after office hours during rest days and
overtime work, then the 10% night shift holidays are required for entitlement to
differential should be based on his compensation.
overtime rate.
The right to OT pay cannot be waived.
RATIONALE Such waiver is contrary to law and
- it serves as an inducement of employment public policy.
EXCEPTIONS:
When the waiver stipulates higher payment or
rate of OT pay; or 1. Country is at war or any other national/local
Where the contract of employment requires emergency has been
work for more than eight hours of work at declared by the Chief
specified wage per day providing for a fixed Executive/Congress
hourly rate or that the daily wages include 2. Necessary to prevent loss of life/property/ in
overtime pay. case of actual/impending emergency in
the locality
COMPRESSED WORKWEEK -allowable 3. There is urgent work to be performed on
under the following conditions: machines, installations, or equipment in
It is voluntary on the part of the worker order to avoid serious loss/damage to
There will be no diminution of the weekly or the employer or some other causes of
monthly take-home pay and fringe benefits similar nature
of the employees; 4. Work is necessary to prevent loss/damage to
The value of the benefits that will accrue to the perishable goods; and
employees under the proposed schedule is 5. where the completion or continuation of the
more than or at least commensurate with the work started before the eighth hour is
one-hour OT pay that is due them during necessary to prevent serious obstruction
weekdays based on the employees or prejudice to the business or
quantification operations of the employer.
The one-hour OT pay will become due and 6. when it is necessary to avail of favorable
payable if they are made or permitted to weather or environmental conditions
work on a day not scheduled for work on the where performance or quality of work is
compressed work week dependent thereon
The work does not involve strenuous physical
exertion and employees must have adequate ART 90. REGULAR WAGE
rest periods
5. The arrangement is of temporary duration. include the cash wage only, without deduction
on account of facilities provided by the
ART 88. UNDERTIME NOT OFFSET BY employer
OVERTIME CHAPTER II
WEEKLY REST PERIOD
Undertime work on any particular day shall
not be offset by overtime work on any ART 91. RIGHT TO A WEEKLY REST
other day. Permission given to the
DAY
employee to go on leave on some other
day of the week shall not exempt the Employees should be provided a rest period of
employer from paying the additional not less than twenty four (24)
compensation. consecutive hours after every six (6)
RATIONALE consecutive normal work days.
An employees regular pay rate is lower than the Employer shall schedule the weekly rest day of
overtime rate. Offsetting the undertime hours his employees subject to collective
against the overtime hours would result in bargaining agreement. However, the
undue deprivation of the employees extra employer shall respect the preference of
pay for overtime work. employees as to their weekly rest day
when such preference is based on
religious grounds. But when such
preference will prejudice the operations of
the undertaking and the employer cannot
normally result to other remedial measures,
the employer may so schedule the weekly
rest day that meets the employees choice
for at least two (2) days a month
ART 92. WHEN EMPLOYER MAY
ART 89. EMERGENCY OVERTIME
REQUIRE WORK ON A REST DAY
WORK
WHEN EMPLOYEE MAY BE REQUIRED
WHEN WORKER MAY BE REQUIRED
TO RENDER WORK ON A REST
TO RENDER OT:
(WNUNCN) DAY:
In case of actual or impending emergencies ART 94. RIGHT TO HOLIDAY PAY
caused by serious accident, fire, flood
typhoon, earthquake epidemic or other HOLIDAY PAY - A days pay given by law to
disaster or calamity, to prevent loss of life or an employee even if he does not work on a
property or in cases of force majeure or regular holiday. It is limited to the ten (10)
imminent danger to public safety regular holidays listed by law.
urgent work to be performed on the machinery, employee should not have been absent without
equipment or installation to avoid serious pay on the working day preceding the regular
loss which the employer would otherwise holiday
suffer
abnormal pressure of work due to special Art. 94(b) refers to regular holidays, special
circumstances, where the employer cannot holidays are taken care of under Art. 93.
ordinarily be expected to resort to other
measures PREMIUM PAY - Additional compensation for
prevent serious loss of perishable goods work performed on a scheduled rest day or
nature of work requires continuous operation for holiday.
seven days a week
work is necessary to avail of favorable weather REGULAR HOLIDAYS:
or environmental conditions where
performance or quality of work depends 1. New Years Day -January 1
upon them 2. Maundy Thursday -Movable date
3. Good Friday- Movable date
ART 93. COMPENSATION FOR REST Araw ng Kagitingan -April 9
DAY, SUNDAY OR HOLIDAY WORK Labor Day -May 1
Independence Day -June 12
this article does not prohibit a stipulation in the National Heroes Day`-Last Sunday of August
CBA for higher benefits Bonifacio Day-November 30
Christmas Day-December 25
SPECIAL HOLIDAYS Rizal Day-December 30
EXCEPTIONS:
in case of force majeure/special circumstances,
payment may be made through another
person under written authority where the
worker has died, the
employer may pay the wages of the deceased
worker to the heirs of the latter, through the
Secretary of Labor or his representative,
without the necessity of intestate
proceedings, after the heirs have executed
an affidavit attesting to their relationship to
the deceased and the fact that they are his
heirs to the exclusion of all others
MATERNITY LEAVE UNDER THE SSS LAW It is available only for the first four deliveries of
A female member, who need not be the legitimate spouse with whom
legally married, who has paid for at least three the husband is cohabiting.
(3) monthly contributions in the 12-month
period immediately preceding the semester of
DELIVERY includes childbirth, miscarriage, or
her childbirth or miscarriage shall be paid a daily abortion.
maternity benefit equivalent to 100% of her
average daily salary credit for 60 days or 78 Purpose: to enable the husband to lend support
days, in case of caesarian delivery. to his wife during the period of recovery and/or
in the nursing of the newly born child.
REQUISITES :
CONDITIONS : the above acts would impair the employees
rights or privileges under existing
he is an employee at he time of the delivery of labor laws or
his child; The above acts would result in an
he is cohabiting with his spouse at the time she intimidating, hostile, or offensive
gives birth or suffers a miscarriage; environment (Sec. 3[a], RA No. 7877)
he has applied for paternity leave ; and
his wife has given birth or suffered a miscarriage ART 136. STIPULATION AGAINST
MARRIAGE
Paternity leave, if not availed of, is not
convertible to cash. it shall be unlawful for an employer to require as
a condition for employment or continuation of
WIFE - refers to the lawful wife which means the employment that a woman employee shall not
woman who is legally married to the male get married, or to stipulate expressly or tacitly
employee concerned. that upon getting married a woman employee
shall be deemed resigned or separated, or to
Where the male employee is already enjoying actually dismiss, discharge, discriminate or
the paternity leave by reason of any law, otherwise prejudice a woman employee merely
decree, executive orders or any contract, by reason of her marriage.
agreement or policy between employer and
employee and the existing paternity benefit
is greater, the greater benefit shall prevail; ART 138. CLASSIFICATION OF
if lesser, the existing benefit shall be
adjusted to the extent of the difference. CERTAIN WOMEN WORKERS
Any woman who is permitted to work or suffered
to work, with or without compensation, in
ART 135. DISCRIMINATION
any night club, cocktail lounge, massage
PROHIBITED clinic, bar or similar establishment, under the
effective control or supervision of the
It shall be unlawful for any employer to
employer for a substantial period of time as
discriminate against any woman employee determined by the Secretary of Labor, shall
with respect to terms and conditions of be considered as an employee of such
employment solely on account of her sex. establishment for purposes of labor and
social legislation.
Acts of Discrimination:
The employer is covered compulsorily from first TEMPORARY TOTAL - if as a result of the
day of operation and the employee from the injury or sickness, the employee is unable to
first day of employment perform any gainful occupation for a continuous
period not exceeding 120 days
ART 172. LIMITATIONS OF LIABILITY
PERMANENT TOTAL - if as a result of the
NO COMPENSATION can be obtained if the injury or sickness, the employee is unable to
injury, death or disability is a result of the perform any gainful occupation for a continuous
employees: period exceeding 120 days
legitimate spouse living with the employee Labor relations policy under the LC is
the parents of said employee wholly dependent embodied in Section 3 Article XIII of the
upon him for regular support 1987 Constitution which guarantees to all
workers their right among others to self-
BENEFITS organization, collective bargaining and
negotiations, peaceful land concerted
for life to the primary beneficiaries, guaranteed activities including the right to strike in
for five years accordance with law, and to participate in
for not more than 60 months to the secondary policy and decision making processes
beneficiaries in case there are no primary affecting their rights and benefits as may be
beneficiaries provided by law.
in no case shall the total benefit be less that P
15, 000.00
ART. 212. DEFINITIONS
THE BENEFICIARIES ARE:
LABOR DISPUTE INCLUDES:
PRIMARY BENEFICIARIES
Dependent spouse until he remarries any controversy or matter concerning terms or
dependent children ( legitimate, legitimated, conditions of employment or
natural born or legally adopted) the association or representation of persons in
negotiating, fixing, maintaining, charging or
SECONDARY BENEFICIARIES arranging the terms and conditions of
a. Illegitimate children and legitimate employment, regardless of whether the
descendants disputants stand in the proximate relation of
b. parents, grandparents, grandchildren employer and employee.