9 Labor Code Pt2

Workers Not Covered by Labor Code (Art. 6)

Government employees (Art. 291), Employees of international organizations, Employees of Local Water Districts, Corporate Officers

Government Employees (Art. 291)

must be covered by Civil Service Law; If GOCC without original charter = Labor Code; If GOCC with original charter = Civil Service Law

Employees of International Organizations

might be immune from suit; only those granted immunity under treaty

Employees of Local Water Districts

quasi-GOCCs created by P.D. 198; Civil Service covered

Corporate Officers

three types: President, Secretary, Treasurer; must have designation in corporation constitution and by-laws that they are corporate officers; Vice President is NOT considered corporate officer; still entitled to benefits per Magna Carta for Women

License

document issued by Secretary authorizing natural or juridical person/entity to operate private recruitment or manning agency

Recruitment Agency

natural or juridical person duly licensed to engage in recruitment and placement of land-based OFWs

Manning Agency

agency for recruitment of seafarers

Illegal Recruitment

initiation of recruitment and placement activities without license

Economic Sabotage

when illegal recruitment is syndicated or in large-scale

Syndicated

three or more persons conspiring/confederating with one another

Large-scale

committed against three or more persons recruited individually or as group

Penalty - Simple Illegal Recruitment

imprisonment 12 years and 1 day to 20 years; fine P2M to P5M

Penalty - Economic Sabotage

life imprisonment; fine P2M to P5M; maximum penalty if victim <18 yrs old or committed by non-licensee/non-holder of authority

Employment Permit of Non-resident Aliens

aliens not supposed to work in Philippines unless no Filipinos competent, able, and willing at time of application to perform service; Requires: CV, employment contract, designation of at least 2 understudies for every alien worker for transfer of technology

Apprentice

Apprenticeable occupation; 3 to 6 months training; deductibility of training cost; compensation not less than 75% of minimum wage; possibility of no compensation if requirement for graduation or board exam; no commitment to hire

Learner

semi-skilled, non-apprenticeable occupation; learnership not to exceed 3 months; when no experienced workers available; compensation not less than 75% of minimum wage; commitment to hire learner; if dismissed illegally - treated as regular employee (Art. 75)

Field Personnel

non-agricultural employee who performs task away from employer's premises and whose actual hours of work in field cannot be determined with reasonable certainty

No Work, No Pay Policy

fair day's wage for fair day's labor; if no work performed, no wage

Overtime Work

work rendered after normal 8 hours of work

Overtime Pay

additional compensation for work beyond 8 hours; ordinary day = 25% additional on hourly rate; holiday, rest day, or special holiday = 30% additional to hourly rate

Premium Pay

additional compensation required by law for work within 8 hours on non-working days such as rest days and special days (Art. 91; Art. 93); at least 30% premium pay; Special holiday and rest day = 50% premium pay on first 8 hours

Art. 88 - Undertime Not Offset by Overtime

Undertime work on any particular day shall not be offset by overtime on any other day; agreement by parties cannot supersede expressed provisions of Labor Code

Art. 91 - Right to Weekly Rest Day

After six consecutive days of work, employee entitled to 24 consecutive hours of rest; working on rest day = at least 30% compensation; working on holiday that falls on rest day = at least 50% compensation

Special Holidays (RA 9492) - Nationwide

All Saints Day Nov 1, Last Day of Year Dec 31, Ninoy Aquino Day Monday nearest Aug 21, Immaculate Conception Dec 8

Special Holidays - Presidential Proclamation

Chinese New Year, EDSA Day Feb 25, Black Saturday, All Souls Day Nov 2, December 24

Right to Holiday Pay - Special Holiday

30% or 50% if falling on rest day

Right to Holiday Pay - Regular Holiday

no work = gets paid 100%; if worked = 200%; two regular holidays same day = at least 200% even if unworked, 300% if required to work; holiday falls on rest day: if unworked = 100%, if worked = 230% (+ premium for rest day)

Regular Holidays (List)

New Year's Day Jan 1, Maundy Thursday to Good Friday, Araw ng Kagitingan Apr 9, Labor Day May 1, Independence Day Jun 12, National Heroes Day Last Sunday Aug, Eidul Fitr, Eidul Adha, Bonifacio Day, Christmas Day, Rizal Day, day designated by law for general election

Service Charges

establishments like hotels/restaurants collecting service charges shall completely and equally distribute charges among covered employees except managerial; when discontinued, share integrated into salary paid by EMPLOYER

Supplements

extra remuneration or special privileges or benefits given to laborers; shall NOT be deducted from wage

Facilities

items of expense necessary for laborer's and family's existence and subsistence so by express provision of law they form part of wage and when furnished by employer are deductible

Company Practice / No Diminution of Benefits

no diminution of benefits; no specific rule on number of years practice must be exercised to constitute voluntary company practice

Job Contractor

has compliance: carries distinct and independent business, has substantial capital or investment, agreement between principal and contractor assures contractual employee's entitlement to all labor and OSH standards, free exercise of right to self-organization, and social welfare benefits

Independent Contractor

offers their services

Labor-Only Contractor (Prohibited)

does not have substantial capital or investment (tools, equipment, machineries, premises); workers recruited performing activities directly related to principal business of employer; Presumption: contractor is presumed labor-only unless overcomes burden proving capital not less than P5M, investment, tools, etc.

Wage Distortion

situation where increase in prescribed wage rates results in elimination or severe contraction of intentional quantitative differences in wages between groups; RWB wage order increases wage of minimum wage earners ONLY not across board

Visitorial and Enforcement Power (Art. 6)

access to employer's records and premises any time day/night whenever work undertaken; right to copy, question any employee and investigate necessary to determine violations

Jurisdiction of Regional Director - Recovery of Wages

claim must arise from employer-employee relationship; claimant no longer employed and not seeking reinstatement; aggregate does not exceed P5,000

Sexual Harassment

prohibits all forms in workplace, education, or training environment; committed when sexual favor made as condition for employment, promotion, continued employment, privileges; abuse of power; not necessary offer for sex, superior's underpinnings which offends victim or creates hostile environment suffices; essence is not violation of sexuality but abuse of power; Three-fold liability: criminal, civil, administrative; even men can be victims

Safe Spaces Act (RA 11313)

employers have duty to institute programs/policies that will prevent, deter, or punish acts of gender-based sexual harassment in workplace

Protection for Women

businesses shall provide sitting breaks for both male and female; women not obliged to wear high heels; VAWC law constitutional

Solo Parent Welfare Act (R.A. 11861)

parental leave not more than 7 working days every year granted to any solo parent employee who rendered at least 1 year service; can be continuous or periodic; if not complied, employer liable fine P5,000 to P15,000

Paternity Leave

7 days leave for each delivery for first 4 deliveries; continues to earn compensation; not convertible to cash if not availed; must be cohabiting with legal wife

Magna Carta of Women

dismissal for pregnancy out of wedlock prohibited and not form of immorality/disgraceful conduct; dismissal of pregnant women prohibited; women having surgery for gynecological disorders having rendered at least 6 months service for past year entitled to 2 months leave with full pay; both private and public sector; equal rights - elimination of discrimination

Maternity Leave Benefits (105-Day Expanded)

105 days with full pay, may be extended 30 days without pay, regardless if married or not; if solo parent = 120 days paid; extended 30 days without pay; unlimited; Miscarriage = 60 days paid; female worker may allocate up to 7 days to child's father whether married or not (written notice to employers); if female dies or permanently incapacitated, benefits accrue to father or qualified caregiver; Penalty: 6 to 12 years imprisonment, fine 60k to 120k pesos