SET B: LAW, LEAVE BENEFITS, TYPES OF EMPLOYMENT

MATERNITY BENEFITS

are given to female employees through SSS

RA NO. 11210

expanded maternity leave law

PATERNITY LEAVE

for married male employees

7 days leave with pay

RA NO. 9710

this law protects women’s rights

Magna Carta of Women

RA NO. 10361

KASAMBAHAY LAW

KASAMBAHAY

domestic worker, is any person who performs domestic work in an employer’s household

REGULAR EMPLOYMENT

has no fixed end date

enjoys full benefits

can only be dismissed for just or authorized causes

PROBATIONARY EMPLOYMENT

trial period: 6 months

employer must inform employees of standards for regularization

if not regularized after 6 months, deemed regular employee.

FIXED TERM EMPLOYMENT

workers hired for a specific period or duration, with their employment ending automatically when the term expires

PROJECT EMPLOYMENT

hired for a specific project or task within expected completion date.

SEASONAL EMPLOYMENT

work during peak seasons only

CASUAL EMPLOYMENT

not regular, not for a specific project

usually for short term, non continuous work

CONTRACTUAL / JOB CONTRACTING

legal

company hires a contractor to do specific work

contractor supplies workers, tools, materials

contractor pays wages and benefits to workers

LABOR ONLY CONTRACTING

Illegal

contractor only supplies workers (no tools, no capital)

principal controls how work is done

workers are considered employees of the principla company

FOUR FOLD TEST

selection, payment of wages, power of dismissal, control test

SELECTION

who chose the worker?

PAYMENT OF WAGES

who pays?

POWER OF DISMISSAL

who can fire?

CONTROL

who controls how the work is done? (most important)

INDEPENDENT CONTRACTOR TEST

hast their own business

has substantial capital

free from employer’s control

follows labor laws for their own employees

ECONOMIC DEPENDENCY TEST

is the worker dependent on the company for income?

YELLOW DOG CONTRACT

this is an agreement where an employee promises not to join, form, or help any union while working for the company.