MNEMONICS IN LABOR LAWS AND SOCIAL LEGISLATION

MNEMONICS IN LABOR LAWS AND SOCIAL LEGISLATIONGENERAL CONSIDERATIONSLabor Law body of statutes, rules and doctrines that:D 1. defines State policies on labor and employment, andG 2. governs the rights and duties of workers and employers respecting terms and conditions of employment by:a.prescribing certain standards therefor, orb.establishing a legal framework,T 3. in order to obtain better terms and conditions of workthrough collective bargaining or other concerted activities.KEY: D G sf TLabor Laws Consist of:1. Labor Policies principles or guidelines that define Statepolicies concerning labor and employment.2. Labor Standards Law body of statutes, rules and doctrines that governs rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefor.3. Labor Relations Law body of statutes, rules, principlesand doctrines that governs rights and duties of workers andemployers by establishing a legal framework within whichbetter terms and conditions of work could be obtained through collective bargaining or other concerted activity (Manalac, Labor Laws Comments and Jurisprudence, Vol. I, p. 1).Constitutional Provisions Concerning Labor:Art II, Sec. 18 State affirms labor as a primary social economic force. It shall protect the right of workers and promote their welfare. Art. XII, Sec. 12 State shall promote preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them more competitive. Art. XIII, Sec. 3 xxx, State shall promote the principle ofshared responsibility between workers and employers, andthe preferential use of voluntary modes in settling disputes,including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. Art. XIII, Sec. 14 The State shall protect the workingwomen by providing safe and healthful working conditions,taking into account their maternal functions, and providesuch facilities and opportunities that will enhance their welfare and enable them to realize their full potential in theservice of the nation.

Three Aggregate Powers Against Which Labor Needs Protection:1.Collective Labor directed by the union;2. Collective Capital directed by management;3. Collective Bargaining Relationship (Benjamin Victoriano v. Elizalde Rope Workers Union, et al., Sept. 12, 1974).Key: LCBConstruction of Labor and Social Legislation Laws:1. should be construed liberally in order to promote their purposes.2.all doubts in the implementation and interpretation of theprovisions of the Labor Code, including its implementing

rules and regulations, shall be resolved in favor of labor (Art 4, Labor Code).3. in case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer (Art. 1702, New Civil Code).KEY: L L STripartism participation and cooperation among government, labor and management in the evolution and formulation of labor policies and standards.PRE-EMPLOYMENTState Policy on Pre-employment (Art. 12, Labor Code):1. Promote and maintain a state of full employment throughimproved manpower training, allocation and utilization;2. Protect every citizen desiring to work locally or overseas bysecuring for him the best possible terms and conditionsof employment;3. Facilitate a free choice of available employment by persons seeking work in conformity with the national interest;4. Facilitate and regulate the movement of workers in conformity with the national interest;5. Regulate the employment of Aliens, including the establishment of registration and/or work permit system;6. Strengthen the network of public employment offices andrationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas,to serve national development objectives; and7. Insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.Worker any member of the labor force, whether employed or unemployed.Recruitment and placement any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment locally or abroad, whether for profit or not. Provided, That any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement.private fee-charging employment agency any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.License a document issued by the DOLE authorizing a person or entity to operate a private employment agency.Private recruitment entity any person or association engaged in the recruitment and placement of workers locally or overseas, without charging directly or indirectly, any fee from the workers or employers.Authority a document issued by the DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.Seaman any person employed in a vessel engage in maritimenavigation.Overseas employment employment of a worker outside the Phil-El ippines.Emigrant any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.Original and Exclusive Jurisdiction under RA No. 8042:1- all cases which are administrative in character, involving or arising out of violations of rules and regulations relating to licensing and registration of recruitment and employment agencies or entities; and2. disciplinary action cases and other special cases which arc administrative in character, involving employers, principals, contracting partners and Filipino migrant workers.

Grounds for Disciplinary Actions:Commission by the worker of any of the offenses enumerated below or of similar offenses while working overseas, shall be subject to appropriate actions as the POEA may deem necessary:1. Commission of a felony punishable by Philippine lawsor by the laws of the host country;2. Drug addiction or possession or trafficking of prohibited drugs;3. Desertion or abandonment;4. Drunkenness, specially where the laws of the hostcountry prohibit intoxicating drinks;5. Gambling, specially where the laws of the host country prohibit the same;6. Initiating or joining a strike or work stoppage wherethe laws of the host country prohibits strikes or similar actions;7. Creating trouble at the work site or in the vessel;8. Embezzlement of company funds or of monies andproperties of a fellow worker entrusted for deliveryto kins or relatives in the Philippines;9. Theft or robbery;10. Prostitution;11. Vandalism or destroying company property;12. Gunrunning or possession of deadly weapons;13. Unjust refusal to depart for the work site after allemployment and travel documents have been dulyapproved by the appropriate government agency/ies;and14. Violation/s of the laws and sacred practices of the hostcountry and unjustified breach of government-approved employment contract by a worker.Ban on Direct-Hiring:No employer may hire a Filipino worker for overseas employment except through the boards and entities authorized by the DOLE. Direct-hiring by members of thediplomatic corps, international organizations and suchother employers as may be allowed by the DOLE is exempted from this provision.Jurisdiction of the NLRC with respect to Migrant Workers and Overseas Filipinos (RA No. 8042): Money Claims Labor Arbiters of the NLRC shall havethe original and exclusive jurisdiction to hear and decide, within 90 calendar days after the filing of the complaint, the claims arising out of an employer-employeerelationship or by virtue of any law or contract involvingFilipino workers for overseas deployment includingclaims for actual, moral, exemplary, and other forms ofdamages. The liability of the principal/employer and the recruitment/placement agency for any and all claims under thislaw shall be joint and several. This provision of law shallbe incorporated in the contract for overseas employmentand shall be a condition precedent for its approval. Theperformance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable forall money claims or damages that may be awarded to theworkers. 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 andsolidarity liable with the corporation or partnership forthe said claims and damages.Such liability shall continue during the entire period orduration of the employment contract and shall not beaffected by any substitution, amendment, or modification made locally or in a foreign country of the said contract.

Minimum Employment Conditions:The POEA minimum requirements of employment contracts-1. Guaranteed wages for regular working hours and overtime pay for services rendered beyond regular workinghours in accordance with the standards established bythe administration;2. Free transportation from point of hire to site of employment and return;3. Free emergency medical and dental treatment and facilities;4. Just causes for the termination of the contract or of theservices of the workers;5. Workmen's compensation benefits and war hazard protection;6. Repatriation of worker's remains and property in casesof death to the point of hire, or if this is not possible under the circumstances, the proper disposition thereof,upon prior arrangement with the worker's next of kinand the nearest Philippine embassy or consulate throughthe office of the attaches;7. Assistance on remittance of worker's salaries, allowancesor allotments to his beneficiaries; and8. Free and adequate board and lodging facilities or compensatory food allowance at prevailing cost of livingstandards at the job site.Invalid Side Agreement agreement that diminishes the employees pay and benefits as contained in a POEA-approved contract is void, unless such subsequent agreement is approved by the POEA.Prohibited Practices:it shall be unlawful for any individual, entity, licensee, or holder of authority:fa) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable

fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance;(b) To furnish or publish any false notice or information ordocument in relation to recruitment or employment;(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code;(d) To induce or attempt to induce a worker already employedto quit his employment in order to offer him to anotherunless the transfer is designed to liberate the worker fromoppressive terms and conditions of employment;(e) To influence or to attempt to influence any person or entity not to employ any worker who has not applied foremployment through his agency;(f) To engage in the recruitment or placement of workers injobs harmful to public health or morality or to the dignity of the Republic of the Philippines;(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;(h) To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor;(i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor;(j) To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; and(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.

Illegal Recruitment 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 the Labor Code. 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:1. Charge or accept directly or indirectly any amountgreater than that specified in the schedule of allowablefees prescribed by the SOLE, or to make a worker payany amount greater than that actually received by himas a loan or advance;2. Furnish or publish any false notice or information ordocument in relation to recruitment or employment;3. Give any false notice, testimony, information or document or commit any act of misrepresentation for thepurpose of securing a license or authority under theLabor Code;4. Induce or attempt to induce a worker already employedto quit his employment in order to offer him anotherunless the transfer is designed to liberate a worker fromoppressive terms and conditions of employment;5. Influence or attempt to influence any person or entitynot to employ any worker who has not applied for employment through his agency;6. Engage in the recruitment or placement of workers injobs harmful to public health or morality or to the dignity of the Republic of the Philippines;7. Obstruct or attempt to obstruct inspection by the SOLEor by his duly authorized representative;8. Fail to submit reports on the status of employment,placement vacancies, remittance of foreign exchangeearning, separation from jobs, departures and such other matters or information as may be required by the SOLE;9. Substitute or alter to the prejudice of the worker, employment contracts approved and verified by the DOLE from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the DOLE;10. For an officer or agent of a recruitment or placementagency to become an officer or member of the board ofany corporation engaged in travel agency or to be engaged directly or indirectly in the management of atravel agency;11. Withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the LaborCode and its implementing rules and regulations;12. Failure to actually deploy without valid reason as determined by the DOLE; and13. Failure to reimburse expenses incurred by the workerin connection with his documentation and processingfor purposes of deployment, in cases where the deployment does not actually take place without the worker'sfault.Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.Illegal recruitment is deemed commited by a syndicate if carried out by a group of three or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three or more persons individually or as a group.The persons criminally liable for the above offenses are the principals, accomplices, accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.

State Policy on Human Resource Development (Art. 43 Labor Code): develop human resources, establish training institutions, and formulate such plans and programs, as will ensure efficient allocation, development and utilization of the nation's manpower and thereby promote and accelerate economic and social growth.Manpower shall mean that portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services.Entrepreneurship shall mean training for self-employment or assisting individual or small industries within the purview of the Labor Code.State Policy on Apprenticeship (Art. 57, Labor Code):1. Help meet the demand of the economy for trained manpower;2. Establish a national apprenticeship program through theparticipation of employers, workers, and government andnon-government agencies;3. Establish apprenticeship standards for the protection of apprentices.Apprenticeship means practical training on the job supplemented by related theoretical instruction.Apprentice is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter.Apprenticeable Occupation means any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction.Apprenticeship agreement is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training.Qualifications of apprentice To qualify as an apprentice, a person shall:(a) Be at least fourteen (14) years of age;

(b) Possess vocational aptitude and capacity for appropriate tests; and(c) Possess the ability to comprehend and follow oral and written instructions.learners persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.when learners may be hired Learners may be employed when no experienced workers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards.Handicapped Workers those whose earning capacity is impaired by age or physical or mental deficiency or injury.When employable: Handicapped workers may be employed when their employment is necessary to prevent curtailment of employment opportunities and when it does not create unfair competition in labor costs or impair or lower working standards.Employment agreement: Any employer who employs handicapped workers shall enter into an employment agreement with them, which agreement shall include:a. The names and addresses of the handicapped workers to be employed;b.The rate to be paid the handicapped workers which shallnot be less than seventy-five (75%) percent of the applicable legal minimum wage;c.The duration of employment period; andd.The work to be performed by handicapped workers.The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative.

LABOR STANDARDSElements of Employer and Employee Relationship:S 1. selection and engagement of the employee;W 2. payment of wages;.D 3. power of dismissal; andC 4. power to control the employee with respect to the means and methods by which the work is to be accomplished.KEY: S W D C refers to the minimum terms and conditions of employmentwhich employees are legally entitled to and employers mustcomply with. generally, employers and employees may provide for otherterms and conditions either by:(a) company policy;(b) contract; or(c) CBA, provided that such terms are above the minimumprescribed by law.guiding principle: whatever is beneficial to labor.Conditions of EmploymentHours of Work (Art. 83, Labor Code)Normal Hours of Work: not to exceed 8 hours = regular wage per dayHealth Personnel in cities and municipalities with population of at least 1 million or in hospitals and clinics with a bed capacity of at least 100 shall hold regular office hours for eight hours a day for 5 days a week, or a total of 40 hours a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for 6 days or 48 hours, in which case they shall be entitled to an additional compensation of at least 30% of their regular wages for work on the 6th day.health Personnel resident physicians, nurses, nutritionists, dietitians, pharmacist, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospitals or clinic personnel.Excess considered overtime = overtime pay + overtime premium payApplication of the Rule: applies to employees in all establishments and undertaking, whether for profit or not.Except:1. Government employees of the national government or any of its political subdivisions; excluded because they are not covered by Labor Code but by the Civil Service Law;2. Managerial employees;3. Field personnel non-agricultural workers who regularly perform their duties away from the office or place of business of the employer, and whose actual work hours in the field cannot be determined with reasonable certainty;4. Domestic servants and persons in the personal service of another; and5. Members of the family of the employer if they are dependent on employer for support.KEY: G M D F2computation of Hours Worked Hours of work shall include (Art. 84, Labor Code)1.all time during which an employee is required to be onduty or to be at a prescribed work place; and2,all time during which an employee is suffered or permitted to work. need to be doing actual work; only required to be on duty regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.Waiting Time: compensable if waiting is an integral part of Work or required or engaged by employer to wait.

Subject to Call: compensable if required to remain on callin employer's premises or close thereto so that he cannot usethe time effectively and gainfully for his own purpose. But not compensable when employee is kept "within reach" through mobile telephone or other contact device such as pagers, notwithstanding that they must remain within a certain geographical area. Meal Periods: compensable if not more than 60 minutesand employee cannot leave work place (Art. 85, Labor Code). Working while sleeping: sleeping time may be consideredworking time if it is subject to serious interruption or takesplace under conditions substantially less desirable thanwould be likely to exist at the employee's home. Training Programs, Lectures, Meetings: not compensable if attendance is outside of the employee's regular working hours; attendance is voluntary; and employee does notperform any productive work during attendance. Brief Rest Period: compensable if intervals too brief to beused effectively and gainfully in the interest of the employee. Necessary work: compensable if necessary; benefited theemployer, or employee cannot abandon work because he hadno replacement provided with knowledge of employer or supervisor. Travel Time: compensable if required by the employer ortaken for the employer's benefit. Brownout/Work Interruptions: compensable if not exceeding 3 hours; employee cannot leave workplace and cannotmake use of his time for own purpose. Grievance meeting: time spent in adjusting grievancebetween employer and employees during the time the employees are required by the employer to be on the premisesis hours worked. Semestral Break: Regular full-time teachers are entitledto salary and emergency cost-of-living-allowance duringsemestral breaks.overtime PayConsent of both employer or employee needed for renditionovertime work.Instances when employer may compel employee to render overtime work:W 1. when country is at war or when any other national or local emergency has been declared by Congress or the President;E 2. 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 pending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity;U 3. when there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;L 4. when the work is necessary to prevent loss or damage to perishable goods;P 5. when the completion or continuation of the work started before the 8 hrs. is necessary to prevent serious obstruction or prejudice to the business or operations of the employer; andW 6. where overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon (Art. 89, Labor Code).KEY:LUPW2EEmployees not entitled to overtime pay:G 1. Government employees in the civil service;F 2. members of the family of the employer if there are dependent on employer for support:D 3. domestic servants and persons in the personal service of another;

M 4. managerial employees; F 5. field personnel; andR 6. workers who are paid by results (Art. 82, Labor Code).KEY: G M D F2 RUndertime not offset by overtime (Art. 88, Labor Code).Regular wage includes cash wage only as far as computation of overtime pay (Art. 90, Labor Code).Nightshirt Differential (NSD) not less than 10% of regular wage for each hour worked between 10 o'clock P.M. and 6 o'clock A.M. the following day (Art.86, Labor Code). Employees not entitled to NSD:G 1. Government employees in the civil service;N 2. those of retail and service establishments regularly employing not more than 5 workers;D 3. domestic servants and persons in the personal service of another;M 4. managerial employees; F 5. field personnel. KEY: G M D FnRetail Establishment one open to the general consuming public for the sale of goods that are commonly bought by end-users for personal or household use.Service Establishment one engaged predominantly in the sale of services to individuals for their own or household use (Alcantara, Reviewer in Labor and Social Legislation, 1995 ed., p. 128).Weekly Rest Periods it is the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of notless than 24 consecutive hours after every six consecutive normal work days.employer has discretion on what will be employee's rest day but must respect the latter's preference based on religious grounds (Art. 91, Labor Code).work on Employee's Rest dayGeneral Rule: employee cannot be compelled to render work on his rest day.Except:E 1. In case of actual or impending emergency caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity, to prevent loss of life or property, or in case of force majeure or imminent danger to public safety;U 2. When there is urgent work to be performed on machines, installations, or equipment, to avoid serious loss or damage to the employer;A 3. In the event of abnormal pressure of work due to special circumstances, where employer cannot ordinarily be expected to resort to other measures;L 4. To prevent loss or damage to perishable goods;C 5. Where the nature of the work is such that the employees have to work continuously for 7 days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; W 6. Where work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon (Art. 92, Labor Code); andA 7. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor.KEY: UCAELAW

Rest days are considered unpaid off-days.Additional Compensation for Work on Rest Day (Art. 93, Labor Code)1. regular work on rest day = 30% of regular wage;2. work on rest day falling on national special day = 50% ofregular wage;3. work on rest day falling on regular holiday = 30% of his regular holiday pay based on his regular wage rate.Holiday PayKinds of Holidays:A. Regular Holidays 1. New Year's Day, 1/12. Maundy Thursday, movable date3. Good Friday, movable date4. Araw ng Kagitingan, 4/95. Labor Day, 5/16. Independence Day, 6/127. National Heroes' Day, last Sunday of August8. Bonifacio Day, 11/309. Christmas Day, 12/2510. Rizal Day, 12/30 (E.O. No. 203). B. Special National Days 1. All Saint's Day, 11/12. Last Day of the Year, 12/31 (LOI 814 as amended byLOI 1087) Regular Holidays are paid days, even if unworked.If worked, employee is entitled to regular wage plus 100% of regular wage.

If worked and it falls on employee's rest day, he is entitled to regular holiday pay (200%) plus 30% thereof.general Rule: monthly paid employees are paid holiday pay, evenif unworked.Exception: when paid for all days of the month whether workedor unworked.effect of Absences on Holiday Pay:day before holiday employee is:worked unworkedon leave with pay200% 100%on leave without pay200% No pay(FLAG Primer on Labor Standards, 1994 ed.)Pay in case of Two (2) Holidays in Same Day (Araw ng Kagitingan and Good Friday, April 9):1. 200% even if unworked for daily paid.2. 100% or none for monthly paid if worked or unworked,respectively.Service Incentive Leaveemployee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.*Benefit applies to all except:G 1. government employees in the civil service;D 2. domestic servant or persons in the personal service of another;M 3. managerial employees; F 4. field personnel;

E 5. those already enjoying such benefit;V 6. those enjoying vacation leaves with pay of at least 5 days; andL 7, those employed in firms regularly employing less than 10 employees (Art. 95, Labor Code).KEY: G M D F V E LService incentive leave is commutable to its money equivalent if it is not used or exhausted at the end of the year.Paternity Leave Act of 1996 Republic Act No. 8187 Every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) dayswith full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employeeapplying for paternity leave shall notify his employer of thepregnancy of his legitimate spouse and the expected date ofsuch delivery. Delivery shall include childbirth or any miscarriage.Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes 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.Service Charges all service charges collected by hotels, restaurants and similar establishments are to be distributed at the rate of 85%for the employees, and 15% for the management, The employee's share shall be apportioned equally amongall employees, regardless of position or employment status.The management share will answer for losses and breakages, or at his discretion, to distribute this to employees receiving more than P2,000 a month (Art. 96, Labor Code)

In case service charge is abolished, share of employees shall be considered integrated in their wages. This integration shall be based on the average monthly share of each employee for the past twelve months immediately preceding the abolition.To determine whether the compensation of employees in these establishment conform to increases in the statutory minimum wages, only 50% of the credited service charges shall be included. Where the credited amount is less than the increase prescribed by a minimum wage law, the employer shall pay the difference.WagesWages 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 forthe services rendered or to be rendered (Art. 97 [j], Labor Code).Basic Salary rate of pay for a standard work period exclusive of such additional payments as bonuses and overtime (Boie-Takeda Chemicals, Inc. v. Dela Serna, 46 SCAD 690, Dec. 10, 1993).Bonus amount granted and paid to an employee for his industry and loyalty which contributed to the success of the employer's business and made possible the realization of profits.Elements of Wages:1- cash wage monetary currency paid by an employer to an employee for work or services rendered.2. facilities vital necessities, articles or services customarily given for the benefit of the employee or his family, excluding tools of the trade or, articles or services primarily for the benefit of the employer or necessary to the conduct of the employers business. Reasonable value of the same may be deducted from the cash wage (Sec. 5, Rule VII. Book III, Implementing Rules and Regulations).Requisites before value of facilities can be deducted:1. customarily given;2. voluntarily accepted in writing by the employee;3. they are charged at a fair and reasonable value; and4. within limits set by the DOLE.Circumstances Regarding Payment of Wages Forms of wages:1. legal tender;2. check or money order, provided:a.customary;b.provided in collective bargaining agreement; orc.at the option of employer, provided, further, that:(i) there is a bank or other facilities for encashment within a radius of 1 kilometer from the workplace;(ii) the employer, or any of its agents or representatives, does not receive any pecuniary benefit directly or indirectly from the arrangement;(iii) the employees are given reasonable time during banking hours to withdraw their wages from the bank, which time shall be considered as compensable time if done during working hours; and(iv) the check payment is with written consent of the employees concerned if there is no collective agreement authorizing this manner of payment (Sec. 2. Rule VIII, Book III, Implementing Rules and Regulation).Payment of Wages Through a Bank: (Conditions) Upon written permission of the majority of the employees or workers concerned, all private establishments, companies, business, and other entities with 25 or more employees and located within 1 kilometer radius to a commercial, savings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages fixed by the Labor Code (Sec. 7, RA 6727).The Labor Code prohibits payment of wages by means of:1. promissory notes;2. vouchers;3. coupons;4. tokens; 5. tickets; 6.. chits; or 7. any other objects other than legal tender, even if expressly requested by the employee.Time of Paymentat least once every two weeks at intervals not exceeding 16 days.In no case may employer pay wages with less frequency than once a month.Payment of wages of employees engaged to perform a task which cannot be completed in two weeks subject to the following conditions:1. payments are made at intervals not exceeding 16 days,in proportion to the amount of work completed;2. final settlement is made upon completion of the work(Art. 103, Labor Code).place of PaymentGeneral rule: at or near the place of undertaking.exceptions:E 1. when due to the deterioration of peace and order conditions, or by reason of actual or impending emergencies caused by a calamity, payment at or near the workplace is impossible;T 2. when employer provides free transportation to the employees back and forth;A 3. under any analogous circumstances, provided that time spent in collecting their wages shall be compensable.KEY: ETAProhibited places of payment:1. bars, or night or day clubs;2. drinking establishment;3. massage clinics;4. dance halls or similar places; and in5. places where games are played with stakes of money orthings representing money;Except: in the case of persons employed in said establishment (Sec. 4, Rule VIII, Book III, Implementing Rules and Regulation).Manner of PaymentGeneral rule: wages are to be paid to the employee entitled thereto.Exceptions:W 1. where the employer is authorized in writing by the employee to pay his wages to a member of his family;2. where payment to another person of any part of employee's wage is:p a. specifically provided by law, even without employee's consent, e.g., withholding tax, SSS and Medicare;c b. authorized by law, with the employee's consent. e.g., insurance premiums of the employee, union check offs, payments to a cooperative, deductions for facilities;

a c. authorized by law, even without the employee'sconsent, e.g., deposits for loss and breakages, court judgments for support.D 3, in case of death of the employee, his wages may be paid to his heirs without the necessity of intestate proceedings.KEY: WD capWage Distortion a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions (Art. 124, Labor Code).Responsibility for Payment of Wages

employer is the person responsible for the payment of wagesof his employees.Employer any person acting directly or indirectly in the interest of the employer in relation to an employee.Employee any individual employed by an employer.Additional level of responsibility for payment of wages: contracting.Contracting employer contracts with another person for former's work or who, not being an employer, contracts with an independent contractor for performance of any work, task, job or project, wherein principal is deemed an indirect employer.

in both cases, principal concerned is liable jointly and severally with his contractor or sub-contractor to pay wages of latter's employees to the extent of work performed under the contract, in the event of failure of contractor or sub-contractor to do so.principal or indirect employer may require contractor or subcontractor to furnish bond that will answer for the wages due to the employees in case of failure of contractor or sub-IB? contractor to do so.

in addition to the liability for wages, direct and indirect employers are likewise jointly and severally liable for violations of the Labor Code and unfair labor practices.Types of Contracting:1. Job contracting contractor carries on an independentbusiness and undertakes the contract work on his own account under his own responsibility, according to his ownmanner and method, free from the control and direction ofhis employer or principal in all matters connected with theperformance of the work except as to the result thereof, andthe contractor has substantial capital or investment necessary in the conduct of his business.2. Labor-only contracting any person who undertakes tosupply workers to an employer shall be deemed to be engaged in labor-contracting where such person: (a) does nothave substantial capital and investment; and (b) the workers recruited and placed by such persons are performing activities directly related to the principal business or operations of the employer in which employees are habituallyemployed.Job contracting is permissible by law; labor-only contracting is prohibited as contrary to public policy to promote full employment.Finding that a contractor is a labor-only contractor is equivalent to a finding that there exists an employer-employee relationship between the owner of the project and the employees of the labor-only contractor since that relationship is defined and prescribed by the law itself.Legal Relationships Created:Type of ContractingContractorPrincipal/ contracteePay liable

Job Contractingdirect employerindirect employerPrincipal

Labor-only Contractingagent of principaldirect employerboth J & S

Workers Preference in case of Bankruptcy "x x x, such unpaid wages and monetary claims shall be paid in full before the claims of the Government and other creditors may be paid (Art 110, Labor Code)."Workers preference is still subject to the Civil Code provision on concurrence and preference of credits such that Art.110 does not create a lien, but only a preference which applies to claims that do not create a charge on particular prop-erty.Hence, a mortgage is superior to worker preference, for a preference applies only to claims which do not attach to specific property, whereas a mortgage creates a lien or chargeHi on a particular property.Art. 110 cannot be invoked without a formal declaration of bankruptcy or a liquidation order.prohibited Acts Regarding Wages: I 1. Interference in the disposal of wages; No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities, or other property from the employer or from other persons, or otherwise make use of any store or service of such employer or any other person (Art. 112, Labor Code).U 2. Unlawful deductions on wages, except:a.specifically provided by law, even without employee'sconsent, e.g., withholding tax, SSS and Medicare;b.authorized by law, with the employee's consent, e.g., insurance premiums of the employee, union check offs, payments to a cooperative, deductions for facilities;c.authorized by law, even without the employee's consent, e.g., deposits for loss and breakages, court judgments for support.

d. when deductions are authorized by regulations issued by the Sec. of Labor;D 3. Deposits for loss or damage, except: employer engaged in such trade, occupation or business where making deductions or requiring deposits is a recognized practice, or is necessary or desirable, subject to following conditions:a.employee is clearly responsible for loss or damage;b.reasonable opportunity is given to employee toexplain why deductions should not be made;c.amount of deduction fair and reasonable, andshall not exceed value of loss or damage;d.deduction from wages does not exceed 20% ofweekly wage (Art. 114, Labor Code; Sec. 11, RuleVIII, Book III, Implementing Rules and Regulation);W 4. Withholding of wages and kickbacks It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker's consent;E 5. Deduction to Ensure employment It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment;R 6. Retaliatory measures It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings;F 7. False reporting It shall be unlawful for any person to make any statement, report, or record filed or kept pur-

suant to the provisions of this Code knowing such state-,ment, report or record to be false in any material respect; 8. Compelling patronage. administration and Enforcement Measures visitorial Power Art. 37 SOLE or his duly authorized representative may, at any time, inspect the premises, books of accounts and records of any person or entity engaged in recruitment and placement, require it to submit reports regularly on prescribed forms, and act on violations of any provisions of the Code on recruitment and placement.Art. 128 SOLE or his duly authorized representative shall have access to employer's records and premises to determine violations of or enforce the Code and any labor law, wage order or rules and regulations issued pursuant thereto.Art. 165 DOLE is empowered to conduct industrial safety (inspections of establishments.'Art. 274 SOLE or his duly authorized representative is empowered to inquire into the financial activities of legitimate labor organizations and examine their books of accounts upon the filing of a complaint under oath and duly supported by the written consent of at least 20% of the total membership of the labor organization.Enforcement Power Art. 128 (b), as amended by RA 7730 (June 2, 1994) notwithstanding the provisions of Art. 129 and Art. 217 of the Code to the contrary, and in case where the relationship of employer-employee still exists, the SOLE or his duly authorized representatives shall have the power to (Issue compliance orders to give effect to the labor standards provisions of the Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The SOLE or his duly authorized representatives shall issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor employment and

enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection.Any order issued by the duly authorized representaitve of the SOLE under this article may be appealed to the latter. In case said order involves a monetry award, an appeal by an employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the SOLE in the amount equivalent to the monetary award in the order appealed from.Recovery of Wages, Simple Money Claims (Recovery Power) power of the Regional Director or any of the duly authorized hearing officers of the department, xxx, that upon complaint of any interested party, through summary proceedings and after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interests, owing to an employee or domestic servants, xxx, arising from employer/employee relations; Provided, That each complaint does not include a claim for reinstatement: Provided, further, That the aggregate money claim of each employee or house helper does not exceed P5,000.Requisites:P 1. claim is presented by an employee or person employed in domestic service;A 2. claim arises from employer-employee relationship;N 3. complaint does not include claim for reinstatement. If employer-employee relationship no longer exists, and the claimant does not seek reinstatement, it becomes a mere money claim cognizable by the Labor Arbiter, not by Regional Director;A 4. aggregate money claim including legal interest does not exceed P5,000.00.KEY. P A N APls note the procedure in NLRC:

compromise Agreement any compromise settlement, including those involving labor standards laws, voluntarily agreed upon by the parties with the assistance of the BLR or the Regional Office shall be final and binding upon the parties. The NLRC or any court shall not assume jurisdiction over issues involved therein except in case of non-compliance

thereof or if there is prima facie evidence that the settlement was obtained through fraud, misrepresentation, or coercion. Similarly, compromise agreements with respect to the visitorial power shall be reduced in writing and signed by the parties in the presence of the Regional Director or his duly authorized representative.Emergency Cost of Living Allowance (ECOLA)P.D. No. 1614 and E.O. No. 178 integrated the said allowances granted into the basic wages of employees covered.13th Month Pay (PD 851) year-end pay = 1/12 of the basic salary within a calendar year. demandable as a legal obligation.

13th month pay in nature of wages not bonuses. provided by law which cannot be denied to employees. However, not included in computation of additional benefits.Employers Exempted from Giving 13th Month Pay:G 1. Government/political subdivisions/GOCC's, except corporations operating as private subsidiaries of government;D 2. Employers of domestic servants and persons in the personal service of another in relation to such workers;C 3. Employers of those paid on purely commission, boundary, or task basis, and those paid a fixed amount for specific work, irrespective of time spent in performance thereof, except where workers are paid on piece-rate basis in which case employer shall grant required 13th month pay to such workers; andA 4. Employer already paying employees 13th month pay or more or equivalent.KEY: C A D GIf no stipulation in CBA regarding treatment of bonuses which are equal to or more than 13th month pay, treat bonuses as 13th month pay.Minimum Wage Rates Provided in R.A. No. 6727 Changed scheme of prescribing minimum wages from national to regional basis. Created Regional Tripartite Wages and Productivity Boards and promoted collective bargaining and adjusting wage rates in fair and equitable manner under prevailing conditions.Minimum wage may be:1. daily wage; or2. monthly wage paid for all days of month = daily wage basis in determining whether Minimum Wage is followed.Monthly-paid Employee paid a fixed amount per month irrespective of the number or working days therein and is considered paid during rest days or holidays even if unworked.Daily-paid Employee one who is paid only on the days he actually works, except unworked regular holidays where he is paid his basic wage if he is present or on leave of absence with pay on the working day immediately preceding the regular holiday.Floor Wage Method determined amount to be paid on top of all prevailing amounts.Salary Ceiling Method fixed amount to be paid on top of specified wage range (Alcantara, p. 160).Wage Distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation.

Labor Code Provisions Regarding Working Women: 1. Prohibition from night work within certain hours; industrial undertakings = 10:00 p.m. to 6:00 a.m. nextday commercial undertaking not agricultural: 12:00 m.n. to6:00 a.m. the next day agricultural undertaking: night time unless given restperiod for not less than 9 hours Exceptions:a.actual emergencies to prevent loss of life or property;b.urgent work to be done on machines;c.to prevent serious loss to perishable goods;d.managerial or technical/health services;e.nature of work requires manual dexterity; andf.immediate members of the family (Art. 130, LaborCode; Sec. 5, Rule XI, Book III, Implementing Rulesand Regulations).2. Requirement of special facilities for women (Art. 132, LaborCode);3. Requirement of free family planning services for women (Art.134, Labor Code);4. Prohibition from sexual discrimination (Art. 135, LaborCode); Acts of Discrimination:1. payment of lesser compensation;2. favoring a male employee over a female employeewith respect to promotion, training opportunities,study and scholarship grants solely on account oftheir sexes.5. Outlawing stipulations against marriage (Art. 136, LaborCode); and6. Specific prohibited acts of employer vis-a-vis women:a. to discharge her to prevent availment of benefits;b.to discharge on account of her pregnancy;c.to refuse to admit for fear of further pregnancy; andd.to discharge for having filed a complaint/testimony.7. Stipulation against marriage: It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.Maternity Benefits Act No. 7322 Republic Act No. 7322AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER PUR- POSES.,, Maternity Leave Benefit. A covered female employee who has paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) days subject to the following conditions:1. That the employee shall have notified her employer ofher pregnancy and the probable date of her childbirthwhich notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;2. That the payment shall be advanced by the employer intwo equal installments within thirty (30) days from thefiling of the maternity leave application:That in case of caesarian delivery, the employee shall bepaid the daily maternity benefit for seventy-eight (78)days;

4. That payment of daily maternity benefits shall be a barto the recovery of sickness benefits provided by this Actfor the same compensable period of sixty (60) days forthe same childbirth, abortion, or miscarriage;5. That the maternity benefits provided under this Sectionshall be paid only for the first four deliveries after March13, 1973;6. That the SSS shall immediately reimburse the employerof one hundred percent (100%) of the amount of maternity benefits advanced to the employee by the employerupon receipt of satisfactory proof of such payment andlegality thereof; and7. That if an employee should give birth or suffer abortionor miscarriage without the required contributions having been remitted for her by her employer to the SSS, orwithout the latter having been previously notified by theemployer of the time of the pregnancy, the employer shallpay to the SSS damages equivalent to the benefits whichsaid employee would otherwise have been entitled to, andthe SSS shall in turn pay such amount to the employeeconcerned.Sexual Harassment Act of 1995 Republic Act No. 7877Work, Education or Training-related Sexual Harassment committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or by any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the subject of said act (Sec. 3, RA 7877).Employment or Work-related Sexual Harassment (Sec. Sec. 3 [a]. RA 7877):1. Sexual favor is made a condition in the hiring or in the employment, re-employment or continued employment of said

individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges, or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive, diminish employment opportunities or otherwise adversely affect said employee;2. The above acts would impair the employee's rights and privileges under existing labor laws; or3. the above acts would result in an intimidating, hostile, oroffensive environment for the employee.Duty of the Employer vis-a-vis the Prevention or Deterrence of the Commission of Acts of Sexual Harassment (Sec. 4, RA 7877):1. prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment;2. promulgate appropriate rules and regulations prescribing theprocedure for the investigation of sexual harassment casesand the administrative sanctions therefor; and3. create a committee on decorum and investigation of cases ofsexual harassment.Liability of Employer (Sec. 5, RA 7877):Employer shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment if the employer of head or office is informed of such acts by the offended party and no immediate action is taken thereon.Penalties (Sec. 7, RA 7877): Imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than P10,000.00 nor more than P20,000, or both, at the discretion of the court.Prescriptive Period 3 years

Employment Of Minors Minimum employable age: No child below fifteen (15) years of age shall be employed,except when he works directly under the sole responsibilityof his parents or guardian, and his employment does not inany way interfere with his schooling. Any person between fifteen (15) and eighteen (18) years ofage may be employed for such number of hours and suchperiods of the day as determined by the Secretary of Laborand Employment in appropriate regulations. The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.The Following shall be Considered Hazardous Workplaces (Worker must be 18 and above):1. Where the nature of the work exposes the workers todangerous environmental elements, contaminations or workconditions including ionizing radiations, chemicals, fire,flammable substances, noxious components, and the like;2. Where the workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dockwork, deep-sea fishing, and mechanizedfarming;3. Where the workers are engaged in the manufacture orhandling of explosives and other pyrotechnic products;4. Where the workers use or are exposed to heavy or power-driven machinery or equipment; and5. Where workers use or are exposed to power-driven tools.R.A. No. 7658 Prohibits the employment of children below 15 years of age.Exceptions and Conditions:1. When the child works directly under the sole responsibility of his/her parents or legal guardian who employs members of his/her family only, under the following conditions:a.The employment does not endanger the child's life,safety, health and morals;b.The employment does not impair the child's normaldevelopment; andc.The employer parent or legal guardian provides thechild with the primary and/or secondary educationprescribed by the DECS.2. Where the child's employment or participation in public entertainment or information through cinema, theater, radio or television is essential, provided that:a.The employment does not involve advertisements forcommercials promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products or exhibiting violence;b.There is a written contract approved by the DOLE;andc.The conditions prescribed in RA 7658 are met. Prohibition against child discrimination: No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.Househelpers and HomeworkersDomestic or Household Service service in the employer's home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer's household, including services of family drivers (Art. 141, Labor Code).Minimum wage of house helpers_ (Art. 143, Labor Code): In Metro Manila and other highly urbanized cities = P800.00 Other chartered cities and 1st class municipalities = P650.00For those in other municipalities = P550.00.

Househelpers receiving at least Pl,000.00 shall be covered by the SSS and entitled to all benefits therein.Minimum Cash Wage basic cash wage which shall be paid to the househelpers in addition to lodging, food and medical attendance (Art. 144, Labor Code).If the househelper is under the age of 18 years, the employer shall give him/her an opportunity for at least elementary education which shall be part of the househelper's compensation, unless there is a stipulation to the contrary (Art. 146, Labor Code).The employer shall treat the househelper in a just and humane manner. In no case shall physical violence be used upon the househelper (Art. 147, Labor Code).The employer shall furnish the househelper free of charge suitable and sanitary living quarters as well as adequate food and medical attendance (Art. 148, Labor Code).If the period of household service is fixed, neither the employer nor the househelper may terminate the contract before the expiration of the term, except for a cause. If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for 15 days by way of indemnity.If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not exceeding 15 days (Art. 149, Labor Code).Homeworker person who performs in or about his home any processing or fabrication or of goods or materials, in whole or in part, which have been furnished directly or indirectly, by an employer and thereafter sold or returned (Alcantara, p. 208).Medical Benefits (Art. 165, Labor Code)Medical and Dental services that employer must extend:1. first aid medicines and equipment as nature and conditions of work require and to take steps for the training ofa sufficient number of employees in first-aid treatment;2. furnish free medical and dental attendance and equipment; and

3. provide all necessary assistance to ensure adequate and immediate medical and dental assistance and treatment to an injured or sick employee in case of emergency.free Medical and Dental attendance and equipment comprised of (Sec. 4, Rule 1, Book IV, Implementing Rules and Regulation):1.no. of employees: 10-50a.graduate first-aider, may be one of employees; andb.first-aid materials.2.more than 50 but less than 200:a.full time registered nurse but may be graduate first-aider in non-hazardous workplaces; andb.first-aid materials.3.more than 200 but less than 300:a.full-time registered nurse;b.part-time physician (2 hours/day at least and alwayson call);c.part-time dentist (2 hours/day at least and alwayson call);d.emergency clinic.4.more than 300 and hazardous workplaces:a.full-time registered nurse;b.full-time physician (8 hours/day at least and alwayson call);c.full-time dentist (8 hours/day at least and always oncall);d.dental clinic;e.infirmary or emergency hospital (bed: 1/100 employees).5. more than 300 and non-hazardous workplaces:a.full-time registered nurse;b.part-time physician (2 hours/day at least and alwayson call);

c.part-time dentist (2 hours/day at least and alwayson call);d.dental clinic;e.infirmary or emergency hospital (bed: 1/100 employees).In workplaces having more than 1 working shift: graduate first aider per shift.LABOR RELATIONS refers to the interactions between employer and employees or their representatives and the mechanism by which employment standards are negotiated, adjusted and enforced.State Policy on Collective Bargaining. Trade Unionism, and Other Matters Concerning Labor Relations:1. promote free collective bargaining, including voluntaryarbitration, as a mode of settling labor or industrial disputes;2. promote free trade unionism as an agent of democracy, social justice and development;3. foster free and voluntary organization of a strong andunited labor movement;4. promote the enlightenment of workers concerning theirrights and obligations as union members and as employees;5. provide an adequate administrative machinery for theexpeditious settlement of labor and industrial disputes;6. ensure a stable but dynamic and just industrial peace;7. encourage representation of workers and employers inpolicy-making bodies of the government (Tripartism).Definitions:Labor Organizations any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment.

employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not includeany labor organization or any of its officers or agents, exceptwhen acting as employer.employee any person in the employ of an employer. Term shall not be limited to employees of a particular employer, except when Labor Code explicitly states. It shall include any individual whose work has ceased as a result of or in connection

with any current labor dispute, or because of any unfair laborif he has not obtained any other substantially equivalent and regular employment.Legitimate Labor Organization any labor organization duly registered with the DOLE, and includes any branch or local thereof.Company Union any labor organization whose formation, . function or administration has been assisted by any act defined as ULP by the Labor Code.Bargaining Representative a legitimate labor organization or any officer or agent of such organization whether or not employed by the employer., Labor Dispute any controversy or matter concerning termsor conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer or employee.Managerial Employee one who is vested with powers or prerogatives to lay down and execute management policies and/ or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees.Characteristics of Managerial Employee:1. he is not subject to the rigid observance of regular office2. his work requires the consistent exercise of discretionand judgment in its performance; 3. the output produced or the result accomplished cannot be standardized in relation to a given period of time;4. he manages a customarily recognized department or subdivision of the establishment, customarily and regularlydirecting the work of other employees therein;5. he either has the authority to hire or discharge otheremployees or his suggestions and other recommendationsas to hiring and discharging, advancement and promotion and other change of status of other employees aregiven particular weight; and6. as a rule, he is not paid hourly wages nor subject to maximum hours of work.Supervisory Employee one who, in the interest of the employer, effectively recommend such managerial actions if the . exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.Rank-and-file Employees all employees not falling within any of above definitions.Voluntary Arbitration any person accredited by the Board as such, any person named or designated in the CBA by the parties to act as their voluntary arbitrator, or one chosen, with or without the assistance of the NCMB, pursuant to a selection procedure agreed upon in the CBA, or any official that may be authorized by Secretary of DOLE to act as voluntary arbitrator upon written request and agreement of the parties to a labor dispute.Strike any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.Picketing stationing of persons before the premises of an establishment involved in labor dispute, generally accompanied by the carrying and display of signs, placards or banners stating the issues involved in the dispute.Lock-out temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.Internal Union Dispute all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of the union, including any violation of the right and conditions of union membership provided for in the Labor Code.Strike-Breaker any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.Strike Area establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.Bargaining Unit legal collectivity for collective bargaining purposes whose members have substantially mutual bargaining interests in terms and conditions of employment as will assure to all employees the exercise of their collective bargaining rights.Elements: 1. the will of the employees (Globe doctrine):2. affinity and unity of employees' interests, such as similarities of duties and working conditions;3.. prior collective bargaining history; and4.. employment status, positions and categories of work.Collective Bargaining bargaining by a labor organization, in behalf of its members, with the employer regarding terms and conditions of employment.Kinds of Labor Disputes:1. Labor Standards Disputes: a. Compensation - e.g.; under payment of minimum wage, stringent output quota, illegal pay deductions;b. Benefits e.g.: non-payment of holiday pay, overtime pay, or other benefits;c. Working conditions e.g., unrectified work hazards-2. Labor Relations Disputes:a.Organizational right dispute/ULPExample: coercion, restraint or interference in unionization efforts, reprisal or discrimination due to union activities, company unionism, ULP strike or lockout, union members' complaint against union officers.b.Representation disputesExample: uncertainty as to which is the majority union, determination of collective bargaining unit, contest for recognition by different sets of officers of same union, ULP strike.c.Bargaining disputesExample: refusal to bargain (ULP), bargaining in bad faith, bargaining deadlock, economic strike or lockout.d.Contract administration or personnel policy disputesExample: non-compliance with CBA provision (ULP if gross non-compliance with economic provisions), disregard of grievance machinery, non-observance or unwarranted use of union security clause, illegal or unreasonable personnel management policies, violation of no-strike/no-lockout agreement.e.Employment tenure disputesExample: non-regularization of employees, non-absorption of labor only-contracting staff, illegal termination, non issuance of employment contract (Azucena, The Labor Code with comments and cases), Vol. II, 1999 ed., p. 20).Remedies in labor Disputes:1. Grievance Procedure in-house adjustment of complaint-problem or dispute following the steps prescribed in CBA or company policy;2.Conciliation a process where a disinterested thirdparty meets with management and labor, at their requestor otherwise, during a labor dispute or in collective bargaining conferences, and by cooling tempers, aids inreaching an agreement.3. Mediation a third party studies each side of the dispute then makes proposals for the disputants to consider,but a mediator cannot render an award. Conciliation andmediation are done primarily by "conciliators-mediators"of the National Conciliation and Mediation Board.4. Enforcement or Compliance Order an act of the SOLEin the exercise of his visitatorial or administrative authority to enforce labor laws, policies, plan, or programs, orrules and regulations.5. Certification of Bargaining Representatives Determination of which contending unions shall represent employees in collective bargaining. This is handled by "med-arbiters" of the DOLE. Adjudication by med-arbiters ofinter-union or intra-union conflicts are appealable directly to the SOLE.6. Arbitration the submission of a dispute to an impartial person for determination on the basis of evidence andarguments of the parties.a.Voluntary if submission of the dispute is by agreement of the parties and the arbitrators or panel ofarbitrators is chosen by them. Voluntary arbitrationis done by "voluntary arbitrator."b.Compulsory if submission of the dispute is by directive of law. Unlike a conciliator or a mediator, anarbitrator is a judge, he makes decisions and awardsthat the parties must accept. Compulsory arbitrationis done primarily by "labor arbiters" of the NLRC.In VA, the award is final and unappealable, except through certiorari.In CA, the decision is appealable to the NLRC,then to the CA, through the special civil action ofcertiorari.

7. Assumption of Jurisdiction an authority vested by lawto the SOLE or the President to decide a dispute causingor likely to cause a strike or lockout in an industry indispensable to national interest.8. Certification to NLRC an action of the SOLE empowering the NLRC to compulsorily arbitrate a dispute causing or likely to cause a strike or lockout in an industryindispensable to the national interest. Either assumption or Certification automatically enjoins an on-going or impending strike/lockout. A return to work order is issued to strikers, at the same time the employer is ordered to immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout.9. Injunction is an ordinary remedy and is not favored in labor law. As a general rule, an injunction or restraining order to prevent or stop the doing of an act is avoided in resolving a labor dispute because the State policy and aim are to encourage the parties to use the non-judicial processes of negotiation and compromise, mediation and arbitration. A writ of injunction is issued to stop or restrain an actual or threatened commission of prohibited or unlawful acts or to require the performance of an act, which if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.10. Judicial action complaint filed with the regular courtin cases falling under its jurisdiction.11. Appeal the process by which an order, decision, oraward is elevated to a higher authority, on specifiedgrounds, so that the order, decision or award may bemodified or set-aside and a new one issued. In instanceswhere appeal is allowed, the administrative remediesshould be availed of, as a rule, before the aggrieved partymay go to court.12. Judicial Review no law allows appeal from a decision of the SOLE, or of the NLRC, or of a voluntary arbitrator. In these cases the "special civil action of certiorari, prohibition or mandamus" may be lodged with the Court of Appeals.R 13. Compromise agreement in any stage of any of these settlement processes, the labor dispute may be resolved by the parties through a compromise agreement, provided that the agreement is freely entered into and is not contrary to law, morals, or public policy. A compromise agreement is also subject to approval of the authority before whom the case is pending. Even a labor standards case can be settled through a compromise. But it has beenheld that ULP cases are not subject to compromise.Jurisdiction of the Labor Arbiters and the Commission:Labor Arbiters shall have original and exclusive jurisdictionto hear and decide, within thirty (30) calendar days afterthe submission of the case by the parties for decision with-out extension, even in the absence of stenographic notes, thefollowing cases involving all workers, whether agriculturalor non-agricultural:1. Unfair labor practice cases;2. Termination disputes;3. If accompanied with a claim for reinstatement, thosecases that workers may file involving wages, rates of pay,hours of work and other terms and conditions of employment; 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;5. Cases arising from any violation of Article 264 of thisCode, including questions involving the legality of strikesand lockouts; andExcept claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claimsarising from employer-employee relations, includingthose of persons in domestic or household service, involving an amount exceeding Five thousand pesos (P5.000.00)

regardless of whether accompanied with a claim for reinstatement.The Commission shall have exclusive appellate jurisdictionover all cases decided by Labor Arbiters.Cases arising from the interpretation or implementation ofcollective bargaining agreements and those arising from theinterpretation or enforcement of company personnel policiesshall be disposed of by the Labor Arbiter by referring thesame to the grievance machinery and voluntary arbitrationas may be provided in said agreements. (As amended by Section 9, Republic Act No. 6715, March 21, 1989).Venue:All cases which LA's have authority to hear and decide maybe filed in the Regional Arbitration Branch having jurisdiction over the work place of the complainant/petitioner. For purposes of venue, workplace shall be understood asthe place or locality where the employee is regularly assignedwhen the cause of action arose. It shall include the placewhere the employee is supposed to report back after a temporary detail, assignment or travel. In the case of field employees, as well as ambulant or itinerant workers, theirworkplace is where They are regularly assigned or where theyare supposed to regularly receive their salaries/wages or workinstructions from and report the results of their assignmentto their employers.

Where two or more regional branches have jurisdiction overthe work place of the complainant or petitioner the branchthat shall first acquire jurisdiction over the case shall exclude the others. When improper venue is not objected to before or at the timeof filing of position papers, such question shall be deemedwaived. The venue of an action may be changed or transferred to adifferent regional arbitration branch other than where thecomplaint was filed by written agreement of the parties orwhen the NLRC or LA before whom the case is pending soorders, upon motion by the proper party in meritorious cases.national Labor Relations Commission attached to DOLE only for purposes of programs and policycoordination. Composition: 1 Chairman and 14 members; 5 from labor; 5from management and chairman and 4 from public sector. May sit en bane or in 5 divisions, each composed of 3 mem- bers.Shall sit en banc only for promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches and formulating policies affecting its administration and operations.Appointment and Qualifications 1. Chairman and members:a.members of the Bar;b.engaged in the practice of law for at least 15 years;c.with at least 5 years experience on labor-managementrelations;d.preferably resident of the region where to hold office.2. Executive Labor arbiters and labor arbiters:; a. members of the Bar;b. engaged in the practice of law for at least 7 years; c. with at least 3 years experience on labor-managementrelations; d. preferably resident of the region where to hold office.'fingers of the NLRC:1. Promulgate rules and regulations governing:a.the hearing and disposition of cases before it and its regional branches;b.those pertaining to its internal functions; andc. rules and regulations as may be necessary to carry outthe purposes of the Labor Code.2. Administer oaths, summon the parties to a controversyissue subpoenas requiring the attendance and testimonyof witnesses or the production of such books, papers, contracts, records, statement of accounts, agreements, and others as may be material to a just determination of the matterunder investigation, and to testify in any investigation orhearing conducted in pursuance of this Code;3. Conduct investigation for the determination of a questionmatter or controversy within its jurisdiction, proceed to hearand determine the disputes in the absence of any partythereto who has been summoned or served with notice toappear, conduct its proceedings or any part thereof in publicor in private, adjourn its hearings to any time and place,refer technical matters or accounts to an expert and toaccept his report as evidence after hearing of the parties upondue notice, direct parties to be joined in or excluded fromthe proceedings, correct, amend, or waive any error, defector irregularity whether in substance or in form, give all suchdirections as it may deem necessary or expedient in the determination of the dispute before it, and dismiss any matteror refrain from further hearing or from determining the dispute or part thereof, where it is trivial or where further proceedings by the Commission are not necessary or desirable;and4. Hold any person in contempt directly or indirectly and impose appropriate penalties therefor in accordance with law.5. Enjoin or restrain any:a.actual or threatened commission of any or all prohibitedor unlawful acts; orb.to require the performance of a particular action any labordispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.* Requisite for issuance:1. complaint made under oath;2. hearing the testimony of witnesses in supportof the allegations thereof;3. with opportunity for cross-examination;4. hearing the testimony in opposition thereto,if offered; and5. only after a finding of fact by the Commission, to the effect:i. that prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained; Injunction Only Issued Against:a.person or persons, association ororganization making the threat orcommitting the prohibited or unlawful act; orb.person or persons, association ororganization actually authorizingor ratifying the same after actualknowledge thereof;ii. that substantial and irreparable injury to complainant's property will follow;iii. that as to each item of relief to be granted, greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief;iv. that complainant has no adequate remedy at law; andv. that the public officers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection.Issuance_of_.a_Tgmporary Restraining Order (Requisites):1. allegation in the complaint that unless a temporary restraining order shall be issued without notice a substantial and irreparable injury to complainant's property will be unavoidable;2. testimony under oath, sufficient, if sustained, tojustify the Commission in issuing a temporaryinjunction upon hearing after notice;3. file an undertaking with adequate securityin an amount to be fixed by the Commission sufficient to recompense those enjoined for:a.any loss, expense or damage caused by theimprovident or erroneous issuance of suchorder or injunction, including;b.all reasonable costs, together with a reasonable attorney's fee; andc.expense of defense against the order oragainst the granting of any injunctive reliefsought in the same proceeding and subsequently denied by the Commission. Such a temporary restraining order shall be effective for no longer than twenty (20) days and shall become void at the expiration of said twenty (20) days. In any proceeding before the Commission or any of theLabor Arbiters, the rules of evidence prevailing incourts of law or equity shall not be controlling andit is the spirit and intention of this Code that the Commission and its members and the Labor Arbiters shalluse every and all reasonable means to ascertain thefacts in each case speedily and objectively andwithout regard to technicalities of law or procedure, all in the interest of due process (Quantum ofEvidence required: Substantial Evidence). In any proceeding before the Commission or any LaborArbiter, the parties may be represented by legal counselbut it shall be the duty of the Chairman, any Presiding Commissioner or Commissioner or any LaborArbiter to exercise complete control of the proceedings at all stages.

Labor Arbiter shall exert all efforts towards the amicable settlement of a labor dispute within his jurisdiction on or before the first hearing. The same rule shall apply to the Commission in the exercise of its original jurisdiction.Period to appeal from decision, awards, or orders of the LA to the NLRC: ten (10) calendar days from receipt of such decisions, awards, or orders.grounds:a.If there is prima facie evidence of abuse of discretion onthe part of the Labor Arbiter;b.If the decision, order or award was secured through fraudor coercion, including graft and corruption;c.If made purely on questions of law; andd.If serious errors in the findings of facts are raised whichwould cause grave or irreparable damage or injury to theappellant.In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.In any event, the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement provided herein.In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days from receipt thereof. The Commission shall decide all cases within twenty (20) calendar days from receipt of the answer of the appellee. The decision of the Commission shall be final and executory after ten (10) calendar days from receipt thereof by the parties.Appeal from the NLRC: None. But aggrieved party may avail of the special civil action of certiorari under Section 4, Rule 65 of the 1997 Rules of Civil Procedure to the Court of Appeals within 60 days from notice of judgment, order or resolution sought to be assailed.Bureau of Labor Relations The BLR and the Labor Relations Divisions in the regional offices of the Department of Labor, shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on:a.all inter-union and intra-union conflicts,b.all disputes, grievances or problems arising from or affecting labor-management relations in allworkplaces, whether agricultural or non-agricultural,except those arising from the implementation or interpretation of collective bargaining agreements whichshall be the subject of grievance procedure and/or voluntary arbitration. The BLR shall have fifteen (15) working days to act on labor cases before it, subject to extension by agreement of the parties.[ntra-Union Dispute any conflict between and among union members, and includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including cases arising from chartering or affiliation of labor organizations or from

any violation of the rights and conditions of union member-inter-Union Dispute any conflict between and among legitimate labor organizations involving questions of representation for purposes of collective bargaining. It also includes all other conflicts which legitimate labor organizations may have against each other based on any violations of their rights as labor organizations. If the issue involves the entire membership of the union, the complaint shall be supported by at least 30% of the membership of the union.Labor OrganizationsRjght of Self-Organization:4 Constitutional provisions: The State shall guarantee the rights of all workers to self-organization. entitled to such right = all workers in: C1.commercial; I2.industrial;A3.agricultural enterprises;R4.religious; M5.medical; andE6.educational institution; whether for profit or not. right to self-organize, form, assist or join labor union for purpose of collective bargaining;A7.ambulant; I8.intermittent;I9.itinerant workers;S10.self-employed people;R11.rural workers; and W12.those without any definite employer.KEY: MARI'CARSEW

Kinds of Labor Organizations:1. Independent Labor Union possesses a registration of itsown;2. Local or Chapter its legal personal