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MEMORY AID in LABOR LAWAny form of reproduction of this copy is strictly prohibited!!!

SAN BEDA COLLEGE OF LAW

SAN BEDA COLLEGE OF LAW

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CHAPTER IGENERAL PROVISIONSA ART 1. NAME OF DECREE^ LABOR LEGISLATION - Consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and conditions and the employment relationship may be negotiated, adjusted and administered. It is divided into labor standards and labor relations.^ LABOR STANDARDS - Are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational safety, and health standards.^ LABOR RELATIONS LAW - defines the status, rights, and duties and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives.- The law which seeks to stabilize the relation between employer and employee, to forestall and thresh out their differences through the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation, and arbitration.A ART. 2. DATE OF EFFECTIVITY^ The Labor Code took effect on November 1, 1974 (six months after its promulgation on May 1,1974)^ SEVEN (7) BASIC RIGHTS OFWORKERS AS GUARANTEED BY THE CONSTITUTION (OCESHLP):1. Right to Organize2. Right to Conduct Collective Bargaining or Negotiation with Management3. Right to Engage in Peaceful Concerted Activities including strike in accordance with law4. Right to Enjoy Security of Tenure5. Right to Work Under Humane Conditions6. Right to Receive a Living Wage7. Right to Participate in Policy &Decision-Making Processes affecting their rights and benefits as may be provided by law^ RELATED LAWS:1. CIVIL CODE: see Arts. 1700, 1701and 17032. REVISED PENAL CODE: Art. 2893. OTHERS: SSS Law, GSIS Law, Agrarian Reform Law, the 13th month pay law, the Magna Carta for Public Health Workers, etc.^ RATIONALE :- The raison d etre of labor laws is the POLICE POWER of the StateA ART 3. DECLARATION OF BASIC POLICYThe State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, age or creed, and regulate the relations between workers and employers. The State shall assure the right of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.EMPLOYER - one who employs the services of others; one for whom employees work and who pays their wages or salaries.EMPLOYEE - one who works for an employer; a person working for salary or wagesA ART 4. CONSTRUCTION IN FAVOR OF LABOR^ CONSTRUCTION IN FAVOR OF LABOR CLAUSE -this is with a view to apply the Code to the greater number of employees to enable them to avail of the benefits under the law (Abella vs. NLRC). The working mans welfare should be the primordial consideration. This rule is applicable if there is a doubt as to the meaning of the legal or contractual provision. If the provision is clear and unambiguous, it must be applied in accordance with its express terms. These laws should be interpreted with a view to the fact that they are remedial in nature, they are enacted to better the lotLABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDPMEMBERS: 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

MEMORY AID in LABOR LAWAny form of reproduction of this copy is strictly prohibited!!!

FARMEMPLOYER-FARMWORKERRELATIONSHIPTENANCYRELATIONSHIP- The lease is one of labor with the agricultural laborer as the lessor of his services and the farm employer as the lessee- It is the landowner who is the lessor and the tenant the lessee of agricultural land- The agricultural worker works for the farm employer and for his labor he receives a salary or wage, regardless of whether the employer makes a profit.- The tenant derives his income from the agricultural produce or harvestLABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDPMEMBERS: 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 Arzadonand promote the welfare of the members of the laboring class.- Reservation of essential attributes of sovereign power is read into contracts as a postulate of the legal order.- Courts adopt a liberal approach that favors the exercise of labor rights. The mandate under Art. 4 is simply to resolve doubt, if any, in favor of labor. If there is no doubt in implementing and interpreting the law, labor will enjoy no built-in advantage and the law will have to be applied as it is.^ MANAGEMENT RIGHTS: (CPST)CRight to conduct businessPRight to prescribe rulesSRight to select employeesTRight to transfer or discharge employees^ MANAGEMENT PREROGATIVEExcept as limited by special laws, an employer is free to regulate, according to his own discretion and judgment, all aspects of employment, including:HIRING, WORK ASSIGNMENTS, WORKING METHODS, TIME PLACE AND MANNER OF WORK, TOOLS TO BE USED, PROCESSES TO BE FOLLOWED, SUPERVISION OF WORKERS, WORKING REGULATIONS, TRANSFER OF EMPLOYEES, WORK SUPERVISION, LAY-OFF OF WORKERS, AND DISCIPLINE, DISMISSAL AND RECALL OF WORKERS. (HW5T2PLSD)Thus, so long as management prerogatives are exercised in good faith for the advancement of the employers interest and not for the purpose of defeating or circumventing the rights of employees under special law or under valid agreements, it shall be upheld.^ ART 5. RULES AND REGULATIONS- The rules and regulations issued by the DOLE shall become effective 15 days after announcement of their adoption in newspapers of general circulation.

^ ART 6. APPLICABILITY^ AGRICULTURAL OR FARM WORKER -one employed in an agricultural or farm enterprise and assigned to perform tasks which are directly related to the agricultural activities of the employer, such as cultivation and tillage of the soil, dairying, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any activities performed by a farmer as an incident to or in conjunction with such farming operations. There may be in one employer both agricultural as well as industrial workers. PURPOSE of the provision: intended to encourage workers to seek employment in agricultural enterprises instead of migrating to already overcrowded urban areas to find work in industrial establishments The LC applies to all workers, whether agricultural or non-agricultural, including employees in a government corporation incorporated under the Corporation Code.CHAPTER IIEMANCIPATION OF TENANTS(Note: not included as per SC Memo)A ART 7-11 Share tenancy has been abolishedplacing in its stead leasehold system. Under Art. 8, the land covered by operation land transfer must be private agricultural land, tenanted, primarily devoted to rice and/or corn, and more than seven hectares in are.^ Present retention limits: 5 hectares per landowner and 3 hectares per child provided the child is:1. Is at least 15 years of age; and2. Actually tilling the land or directly managing the farm^ EXCEPTIONS: those covered by homestead patents those covered by PD 27^ EMANCIPATION PATENT - is the title issued to the tenant upon compliance with all the requirements of the government. It represents the full emancipation pf the tenant from the bondage of the soil.^ PROHIBITION AGAINST ALIENATION IS INTENDED TO:1. Preserve the landholding in the hands of the owner-tiller and his heirs;2. minimize land speculation; and3. prevent a return to the regime of land ownership by a few.BOOK ONEPRE-EMPLOYMENTTITLE IRECRUITMENT AND PLACEMENT OFWORKERSCHAPTER IGENERAL PROVISIONS A ART 13. DEFINITIONS^ WORKER -any member of the labor force, whether employed or unemployed^ RECRUITMENT AND PLACEMENT - any actof 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. (CEC-TUCP) (RCPA)-The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. The proviso merely creates the presumption.A ART 16. PRIVATE RECRUITMENT^ ENTITIES AUTHORIZED TO RECRUIT1. Public employment offices2. Private recruitment entities; private employment agencies3. Shipping or manning agents or representatives4. The POEA5. Construction contractors if authorized by the DOLE and the Construction Industry Authority6. Members of the diplomatic corps (but hirings must also go thru POEA)7. Other persons or entities as may be authorized by the DOLE secretary^ DOCUMENTATION OF WORKERS:1. Contract Processing - workers hired thru the POEA shall be issued the individual employment contract and such other documents as may be necessary for travel2. Passport Documentation3. Visa ArrangementA ART 17. (POEA)- POEA has taken over the functions of the OEDB^ ADJUDICATORY FUNCTIONS OF THE POEA :a. 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; andb. Disciplinary action cases and other special cases which are administrative in character, involving employers, principals, contracting partners and Filipino Migrant Workers^ JURISDICTION TRANSFERRED TO THE LABOR ARBITERS OF THE NLRC :a. claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages.^ Venue - Money claims or claims for damages should be filed before the Regional Arbitration branch of the NLRC where the complainant resides or where the principal office of the respondent/employer is situated, at the option of the complainant.^ Compromise Agreement - Consistent with the policy encouraging amicable settlement of labor disputes, Sec 10, RA 8042 allows resolution by compromise of cases filed with the NLRC.^ PREMATURE TERMINATION OF CONTRACT - Where the workers employment contract is terminated long before its agreed termination date, and the termination is not shown to be based on lawful or valid grounds, the employer will be ordered to pay the workers their salaries corresponding to the unexpired portion of their employment contract. (Tierra Intl Construction Corp. vs. NLRC).HOWEVER, under R.A. 8042, if the illegal dismissal took place on or after July 15, 1995, the illegally dismissed overseas worker shall be entitled to the full reimbursement of his placement fee with interest at the rate of 12% per annum plus salary for the unexpired portion of his employment contract or for 3 mos. for every year of the unexpired term whichever is LESS. Claims for death and burial benefits involving seamen OCWs which the POEA has jurisdiction are not the same as the claims against the State Insurance Fund of the LC. The basis for the award of backwages is the parties employment contract, stipulating the wages and benefits. The fact that the employee has signed a satisfaction receipt does not result in waiver; the law does not consider asvalid any agreement to receive less compensation than what the worker is entitled to recover.(MR Yard Crew Union vs. PNR)A ART 18. BAN ON DIRECT-HIRING^ Direct hiring of Filipino workers by a foreign employer is not allowed.^ EXCEPTIONS :the members of the diplomatic corps; international organizations; such other employers as may be allowed by the Department of Labor and employment1. name hirees - individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation or any agency^ RATIONALE OF THE PROHIBITION - Filipino workers hired directly by a foreign employer, without government intervention may not be assured of the best possible terms and conditions of work. The foreign employer must also be protected and may chance upon a Filipino worker who do not possess sufficient knowledge for which he is employed.^ MINIMUM EMPLOYMENTCONDITIONS OF OVERSEAS EMPLOYMENT:1. Guaranteed wages for regular working hours and overtime pay for services rendered beyond regular working hours in accordance with the standards established by the Administration2. 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 termination of the contract or of the services of the workers;5. Workmens compensation benefits and war hazard protection;6. Repatriation of workers remains and properties in case of death to the point of hire, or if this is not possible the possible disposition thereof7. Assistance on remittance of workers salaries, allowances or allotments to his beneficiaries; and8. Free and adequate board and lodging facilities or compensatory food allowance at prevailing cost of living standards at the jobsite.A ART 22. MANDATORY REMITTANCE OF FOREIGN EXCHANGE EARNINGS^ MANDATORY REMITTANCE REQUIREMENTS:1. Seamen or mariners: 80% of the basic salary;2. Workers for Filipino Contractors and Construction Companies: 70% of the basic salary;3. Doctors, engineers, teachers, nurses, and other professionals whose employment contract provide for lodging facilities: same as #24. All other professionals without board and lodging: 50% of the basic salary;5. Domestic and other service of workers; 50% of the basic salary.A ART 25. PRIVATE SECTORPARTICIPATION IN THE RECRUITMENTAND PLACEMENT OF WORKERS^ QUALIFICATIONS FORPARTICIPATION IN THE OVERSEASEMPLOYMENT PROGRAM:1. Filipino citizens, partnerships or corporations at least 75% of the authorized and voting capital stock of which is owned and controlled by Filipino citizens;2. Minimum capitalization of 1M in case of single proprietorship or partnership and a minimum of 1M paid-up capital for corporations;3. Those not otherwise disqualified by law or these guidelines to engage in the recruitment and placement of workers for overseas employment~ DISQUALIFICATIONS:1. Travel agencies and sales agencies of airline companies;2. Officers or members of the board of any corporation or members in a partnership engaged in the business of a travel agency;3. Corporations and partnerships, when any of its officers, members of the board or partners, is also an officer, member of the board or partner of a corporation engaged in the business of a travel agency.4. Persons, partnerships, or corporations which have derogatory records;5. Persons employed in the Department of Labor or in other government agencies directly involved in overseas employment program and their relatives within the 4th degree of consanguinity or affinity; or6. Those whose license has been previously canceled or revoked.CHAPTER IIREGULATIONS OF RECRUITMENTAND PLACEMENT ACTIVITIESA ART 29. NON-TRANSFERABILITY OFLICENSE OR AUTHORITY No license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issuedor at any place other than that stated in the license or authority, nor may such license or authority be transferred, conveyed or assigned to any other person or entity. Licensees or holders of authority or their duly authorized representatives may as a rule, undertake recruitment and placement activities only at their authorized official addresses. Change of ownership or relationship of single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. All overseas landbased workers shall be provided both life and personal accident insurance.^ GROUNDS FOR DISCIPLINARYACTION (Under the MWA of 1995) ;1. Commission of a felony punishable by the laws of the Philippines or by the host country;2. Drug addiction or possession or trafficking of prohibited drugs;3. Desertion or abandonment;4. Drunkenness, especially where the laws of the of the host country prohibit the same;5. Gambling, especially where the laws of the host country prohibit the same;6. Initiating or joining a strike or work stoppage where the laws of the host country prohibit strikes or similar actions;7. Creating trouble at the worksite or in the vessel;8. Embezzlement of company funds or of money an properties of a fellow worker entrusted for delivery to 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 worksite after all employment and travel documents have been duly approved by the appropriate government agency; and14. Violation of the laws and sacred practices of the host country and unjustified breach of government approved employment contract by a worker.A ART 31. BONDS Cash bond filed by applicants for license or authority is not subject to garnishmentby judgment creditor of agencyA ART 32. FEES TO BE PAID BY WORKERS Suspension or cancellation of licenses may include award of damages to repair the injury caused to its victims.A ART 34. PROHIBITED PRACTICES A supplementary contract beneficial to worker not violative of protection afforded by the State to workers.A ART 35. SUSPENSION AND/OR CANCELLATION OF LICENSE OR AUTHORITY^ NON-LICENSEE OR NON-HOLDER OF AUTHORITY - any person, corporation or entity which has not been issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor, or whose license or authority has been suspended, revoked, or cancelled by the POEA and the Secretary.CHAPTER IIIMISCELLANEOUS PROVISIONSA ART 38. ILLEGAL RECRUITMENT (as per RA 8042 otherwise known as the Migrant Workers Act of 1995)^ ILLEGAL RECRUITMENT - Any act ofcanvassing, 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.PROVIDED that any such non-licensee or non-holder of authority 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 commission of prohibited acts whether committed by a non-licensee or non-holder of authority or a licensee or holder of authority.^ PROHIBITED PRACTICES: (CFGIIEOFSBWF)C to charge or accept amount beyond amount allowed by lawF to furnish or publish false notice or information in relation to Recruitment and PlacementG to give any false notice and information or commit any act of misrepresentation to secure license or authority I Induce or attempt to induce workers to quit employment to offer him another except if the transfer is to liberate a worker from oppressive terms and conditions of employment (NOTE: it is not necessary that worker was actually induced or did quit employment)I to influence or attempt to influence any person or entity not to employ any worker who has not applied for employment in his agency Eto engage in the recruitment orplacement of workers in jobs harmful to public health or morality or to the dignity of the Phil.OObstruct or attempt to obstructinspection by Secretary FFail to file reportsSSubstitute or alter employment contractsBBecome officer or Board member ofcorporation engaged in travel agency WWithhold or deny travel documentsbefore the departure for monetary or financial consideration other than those authorized by the Code.F Failure to actually deploy without valid reason as determined by the DOLE

F Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the workers fault^ THE QUALIFYING CIRCUMSTANCES THAT WOULD MAKE ILLEGAL RECRUITMENT AS A CRIME INVOLVING ECONOMIC SABOTAGE ARE :When committed by a SYNDICATE i.e., if it is carried out by a group of three (3) or more persons conspiring and confederating with one another; or(a) When committed in a LARGE SCALEi. e., if it is committed against three (3) or more persons^ VENUE OF ACTIONS ON ILLEGAL RECRUITMENT:1. RTC of the province or city where the offense was committed; or2. where the offended party resides at the time of the commission of the offense at the option of the complainant These circumstances only qualify. They do not define the offense themselves Recruitment and placement activities of agents or representatives appointed by a licensee, whose appointments were not previously authorized by the POEA shall likewise constitute illegal recruitment.ART. 38 ( c ) declared unconstitutional since only a judge may issue search warrant/ warrant of arrest. The Sec. Of Labor may only recommend not issue. However, Closure of establishments of illegal recruiters may still be ordered by Secretary of Labor, same being essentially administrative and regulatory in nature.(Salazar vs. Achacoso and Marquez)^ PRESCRIPTIVE PERIODIllegal 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.

TITLE IIEMPLOYMENT OF NON-RESIDENTALIENSA ART 40. EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS-Foreigners or domestic and foreign employers desiring to employ aliens must secure employment permit from the DOLE upon determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of the application to perform the services for which the alien is desired. Foreigners may not be employed in certainnationalized business. a non-resident alien worker and the employer shall bind themselves to train at least 2 Filipino understudies.^PROHIBITIONAGAINSTEMPLOYMENT OF ALIENSSection 2-A of the Anti-Dummy Law prohibits the employment of aliens in establishment or entities which have under their name or control a right, franchise, privilege, property or business the exercise or enjoyment of which property or business the exercise or enjoyment of which is expressly reserved by the Constitution or the laws to citizens of the Philippines or to corporations or associations at least 60% of the capital of which is owned by such citizens.^ EXCEPTIONS TO THE PROHIBITION:a. where the Secretary of Justice specifically authorizes the employment of technical personnel; orb. BOOK TWOwhere the aliens are elected members of the board of directors or governing body of corporations or association in proportion to their allowable participation in the capital of such entities.

HUMAN RESOURCESDEVELOPMENTTITLE INATIONAL MANPOWERDEVELOPMENT PROGRAMCHAPTER INATIONAL POLICIES ANDADMINISTRATIVE MACHINERY FORTHEIR IMPLELENTATIONA ART 45. DEFINITIONS^ MANPOWER - that portion of the nations population which has actual or potential capability to contribute directly to the production of goods and services.^ ENTREPRENEURSHIP - training for selfemployment or assisting individual or small industries within the purview of this the LC.TITLE IITRAINING AND EMPLOYMENT OFSPECIAL WORKERSCHAPTER IAPPRENTICESTypes of Special Workers:1. Apprentice2. Learners3. HandicappedA ART 58. DEFINITION OF TERMS^ APPRENTICESHIP - practical training on the job supplemented by related theoretical instruction^ APPRENTICE - worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this chapter^ APPRENTICEABLE OCCUPATION - anytrade, form of employment or occupation which requires more than 3 months of practical training on the job supplemented by related theoretical instructionbinds himself to train the apprentice and the apprentice in turn accepts the terms of training^ ON-THE-JOB TRAINING - the practical work experience through actual participation in productive activities given to or acquired by an apprentice^ HIGHLY TECHNICAL INDUSTRIES - trade, business, enterprise, industry or other activity, which is engaged in the application of advanced technologyA ART 59. QUALIFICATIONS OF APPRENTICES^ Qualifications of an Apprentice1. at least 15 years of age; provided those who are at least 15 years of age but less than eighteen may be eligible for apprenticeship only in non-hazardous occupations and the apprenticeship agreement shall be signed in his behalf by the parent or guardian or authorized representative of DOLE.2. vocational aptitude/ capacity for appropriate test3. ability to comprehend and follow oral and written instructionsA ART 60. EMPLOYMENT OF APPRENTICES- Only employers in highly technical industries may hire apprentices and only in apprenticeableoccupations as determined by the Sec. Of Labor^ Requisites for a VALID APPRENTICESHIP1. QUALIFICATIONS OF THE APPRENTICE2. APPRENTICESHIP AGREEMENT DULY EXECUTED AND SIGNED PROVIDING FOR COMPENSATION NOT LESS THAN 75% OF THE APPLICABLE MINIMUM WAGE, EXCEPT ON-THE-JOB TRAINING (OJT)3. APPRENTICESHIPPROGRAMDULYAPPROVED BY DOLE

4. PERIOD OF APPRENTICESHIP SHALL NOT EXCEED 6 MONTHS.

^ APPRENTICESHIP AGREEMENT - anemployment contract wherein the employerA ART 71. DEDUCTIBILITY OF TRAINING COSTS

APPRENTICESHIPLEARNERSHIP1. Practical training on the jobsupplemented by related theoretical instruction.1. Hiring of persons as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned thru practical training on the job in a relatively short period of time.2. Not less than 3 months practical training on the job but not more than 6 months2. Practical training on the job not to exceed 3 mos.3. No Commitment to hire3. With Commitment to employ thelearner as regular employee if he desires upon completion of learnership4. In case of pretermination of the apprenticeship agreement, the worker is not considered as a regular employee4. Learner is considered as a regular employee in case of pretermination of contract after 2 mos. of training and the dismissal is without fault of learner5. Highly technical industries and only in industrial occupation5. Semi-skilled / industrial occupations^ Requisites for tax deductions in case employers have apprenticeship programs:1. Program duly recognized by the Department of Labor2. Deduction shall not exceed 10% of direct labor wage3. Pay his apprentices the minimum wageA ART 72. APPRENTICES WITHOUT COMPENSATION^ Apprentices who may be hired without compensation:1 .those whose training on the job is required by the school;2. Training Program Curriculum;3. Requisite for Graduation; or4. A requisite for Board ExaminationCHAPTER II LEARNERSA ART 73. LEARNERS DEFINED^ LEARNERS - persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned thru practical training on the job in a relatively short period of time which shall not exceed 3 mos.

Learners in piecework/ incentive - rate jobs are to be paid in full for the work done.CHAPTER IIIHANDICAPPED WORKERSA ART 78. DEFINITION^ HANDICAPPED WORKERS - Are those whose earning capacity is impaired by age or physical or mental deficiency or injury. Subject to the provisions of the Code,handicapped workers may be hired as regular workers, apprentices or learners if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they were hired. qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Even a handicapped worker can acquire the status of a regular employee.^ Duration of employment - no minimum, no maximum. Dependent on agreement but is necessary that there is a specific durationBOOK THREECONDITIONS OF EMPLOYMENT

TITLE IWORKING CONDITIONS AND RESTPERIODSCHAPTER IHOURS OF WORKA ART 82. COVERAGE^ ELEMENTS OF EMPLOYER- EMPLOYEE RELATIONSHIP:1. selection and engagement of the employee2. the payment of wages3. the power of dismissal4. the employers power to control the employee (with respect to the means and methods by which the work is to be accomplished)- The last element as mentioned above is what is known as the CONTROL TEST - whether the employer controls or has reserved the right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished. This last element is the most important index of the existence of the relationship.^ EMPLOYEE - A natural person who is hired, directly or indirectly, by a natural or juridical person to perform activities related to the business of the hirer who, directly or through an agent, supervises or controls the work performance and pays the salary or wage of the hire.^ Employees Exempt from the Benefits of E-E Relationship1. Government Employees2. Managerial Employees3. Field Personnel4. Family Members dependent on the employer for support5. Domestic Helpers6. Persons on the Personal Service of another7. Workers Paid by Result^ GOVERNMENT EMPLOYEES - Refers only to employees of government agencies, instrumentalities or political subdivisions and of government corporations that are not incorporated under the Corporation Code, meaning those which have original charters.^ MANAGERIAL EMPLOYEES - Refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof and to other members of the managerial staff^ Note: Definition applies only to the 8- hour Labor law^ FIELD PERSONNEL - Refer to non- agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.^ WORKERS PAID BY RESULTS - Method of computing compensation based on the work completed and not on the time spent in working.^ PIECE-RATE METHOD - Where pay is dependent on unit of product finished, preferred where the work process is repetitive and the out put is standardized and easily countable. DOMESTIC HELPERS/ PERSONS RENDERING PERSONAL SERVICES - Perform services in the employers home which are usually necessary and desirable for the maintenance or enjoyment thereof, or ministers to the personal comfort, convenience or safety of the employer, as well as the members of the employers household. The existence of employment relationship is determined by law and not by contract. Whether or not an employer-employee relationship exists between the parties is aquestion of fact. The findings of the NLRC are accorded not only respect but finality if supported by substantial evidence.^ MANAGEMENT PREROGATIVE - except as otherwise limited by special laws, an employer is free to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, time, place, and manner of work, tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay-off of workers and discipline, dismissal and recall of workers. Management prerogative recognizes the right of the employer to advance its interest to prescribe standards of work and impose reasonable quotas or work assignments, and failure on the part of the employees to meet the requirement, impose in good faith, constitutes a just cause for his dismissal.- New owner/management group has no obligation to re-employ workers who freely and voluntarily accepted their separation pay and other benefits. Achange of ownership in a business concern is not proscribed by law.& ART 83. NORMAL HOURS OF WORK Shall not exceed 8 hours in a regular working day^ PURPOSE to safeguard the health and welfare of the laborer and in a way to minimize unemployment by utilizing different shifts^ REGULAR WORKING DAYS: The regular working days of covered employees shall not be more than five days in a workweek. The workweek may begin at any hour and on any day, including Saturday or Sunday, designated by the employer.^ ART 84. HOURS WORKED SHALL INCLUDE:1. Alltimeduring whichanemployeeisrequired to be on duty or to be at a prescribed workplace; and2. Alltimeduring whichanemployeeissuffered or permitted to work^ PRINCIPLES IN DETERMINING HOURS WORKED:1. Allhours are hours worked whichtheemployee is requiredtogive tohisemployer, regardless of whether or not such hour are spent in productive labor or involve physical or mental exertion;2. An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his workplace, to go elsewhere whether within or outside the premises of his workplace;3. If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked if the work is with the knowledge of his employer or immediate supervisor4. The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered time either if the imminence of the resumption of work requires the employees presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employees own interest.- Only the maximum is prescribed, not minimum.Part- time work is therefore not prohibited.^ ENGAGED TO WAIT - when waiting is an integral part of the job, it is compensable^ WAITING TO BE ENGAGED - idle time is not working time, not compensable ^ WHEN TRAVEL TIME COMPENSABLE:1. Travel from home to work- refers to ordinary work travel but where the worker is made to work on an emergency call and travel is necessary in proceeding to the workplace, the time spent on travel is compensable2. Travel that is all in a days work- time spent by an employee in travel as part of his principal activity, such as travel from jobsite to jobsite during the workday, must be counted as hours worked.3. Travel away from home- travel that keeps an employee away from home overnight.- Work hours of seamen are governed by the same rules as land based employees. Thus, they must show sufficient proof that said work is actually performed.Rest Periods of short duration during working hours shall be considered as hours worked.Preliminary activities compensable when controlled or required by employer and are pursued necessarily and primarily for the employers benefit, Employee to notify employer within 5 days from injury or illness(unless no longer necessary under the exceptions)> Employee to notify employer within5 days from injury or illness (unless it is no longer necessary under the

> Employer to notify SSS within 5 days from notice.exceptions) Employer to record the same in logbook within 5 days from notice. Employer to notify SSS or GSIS within 5 days from recording in logbook.

EFFECT OFERRONEOUSPAYMENTLegal And eligible claimant may still demand benefits, without prejudice to right of GSIS to sue improper claimant.SSS absolved unless notified of other claim prior to payment.

DISPUTE SETTLEMENT1. File claim with SSS.2. Appeal to Social Security Commission.3. Appeal to CA.4. Appeal to SC1. File claim with GSIS.2. Appeal to GSIS Board.3. Appeal to CA.4. Appeal to SC.* Appeals shall be governed by Rules 43 and 45 of the 1997 Rules of CivilProcedure1. File claim with SSS and GSIS.2. Appeal to ECC.3. Appeal to CA4. Appeal to SC

EXCLUSIVENESS OF BENEFITS May Apply for same benefits in EC, if in private sector. May not receive benefits for same contingency under GSIS offers more (he may then receive deficiency) Whenever other laws provide similar benefits for the same contingencies, members who qualifies has option to choose. If benefits chosen are less than under GSIS, he may get the difference. However, with respect to work- May apply for the same benefits under SSS, if in the private sector. May apply for same benefits under GSIS, if in public sector (applying Mazo Sugar Central vs Ca case.

connected illness and injuries, he may also recover in full under ECC, applying the Mazo Sugar Central vsCA case.

PRESCRIPTIVEPERIODS10 years from the time the right of action accrues.4 years from date of contingency except life and retirement benefits

XI. CHART ON JURISDICTIONBureau Of Labor RelationsGrievance MachineryVoluntary ArbitrationLabor Arbiter (UTRCCC-M)NLRC

1. Inter-union dispute1. Interpretation or1. Unresolved Grievances1. ULP1. Appellate jurisdiction

2. Intra-union dispute3. LaborManagementRelationsexceptinterpretationorimplementation of the CBAimplementation of the CBA2. Interpretation or enforcement of company personnel policies2. Agreement on other labor dispute(Bargaining deadlock, ULP)2. Termination Disputes3. Reinstatement-with cases involving wages4. Claims of damages arising from E-E relationship5. Cases involving prohibited acts in strikesover Labor Arbiters2. Injunction3. Contempt

(ART. 264)6. Claims arising from E-E relationship including those of domestic service, involving amount exceeding P5,000.07. Migrant Worker Cases