X_Labor Law Cheat Sheet

BOOK 1: PRE-EMPLOYMENT

• Recruitment and Placement

• License

• Authority

• Employment of Non-Resident Aliens

Recruitment and Placement

• canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers

• referrals, contract services, promising, or advertising employment

• offering employment to two or more persons with or without pay

License

document issued by DOLE for operating private employment agencies

• recruitment and placement for a fee

Authority

document issued to authorize person or entity recognized as private recruitment

• recruitment and placement without fee

Employment of Non-Resident Aliens

• the employer must:

  • obtain an employment permit from DOLE

  • submit a list of non-resident aliens to be emplyed within 30 days

• the alien cannot transfer jobs or change employers without approval from DOLE

BOOK 2: HUMAN RESOURCES DEVELOPMENT PROGRAM

• National Manpower Development Program

• Apprenticeship

• Learnership

• Handicapped Workers

National Manpower Development Program

• National Policies and Administrative Machinery

• Manpower

• Entrepreneurship

National Policies and Administrative Machinery

• summary is that this ensures efficient development and utilization of the nation’s manpower in establishing human resources

• includes training and promotion of employment

Manpower

portion of the population with actual or potential capability to contribute directly to the production of goods and services

Entrepreneurship

training for self-employment or assistance to individual or small industries

Apprenticeship

• OJT + theoretical instruction

• 3 to 6 months

• covered by apprenticeship agreement

• companies have the option to hire after program

• receives at least 75% of minimum wage

• Qualifications:

  • at least 14 years old

  • vocational aptitude

  • oral and written comprehension

Learnership

• semi-skilled & non-apprenticeable industrial occupations

• does not exceed 3 months

• covered by learnership agreement

• companies are obliged to hire after program

• receives at least 75% of minimum wage

Handicapped Workers

• earning capacity limited by age or mental/physical deficiencies

• employed when employment is necessary to prevent reduction of employment opportunities and does not create unfair competition

• may be hired as apprentices or learners, provided that handicaps do not impede job performance

BOOK 3: CONDITIONS OF EMPLOYMENT

• Managerial Employees

• Field Personnel

• Work Hours

• Emergency Overtime Work

• Right to Weekly Rest Day

• Compensation for Rest Day and Special Days

• Right to Holiday Pay

• Right to Service Incentive Leave

• Service Charges

• Wages

• Prohibitions Regarding Wages

• Employment of Women

• Employment of Minors

• Employment of Househelpers

• Employment of Night Workers

Managerial Employees

primary duty: management of the establishment where they are employed or of a department

Field Personnel

non-agricultural employees working outside principal work premises

Work Hours

• Normal

• Rest Period or Coffee Breaks

• Meal Period

• Night Shift Differential

• Overtime Work

Normal (Work Hours)

8 hours

Rest Period or Coffee Breaks (Work Hours)

5-20 minutes

Meal Period (Work Hours)

at least 1 hour

Night Shift Differential (Work Hours)

work performed from 10 PM to 6 AM

Overtime Work (Work Hours)

work beyond 8 hours

• undertime work shall not be recompensated by overtime work

• in the same manner, allowing the employee to leave early and have them do overtime work does not exempt to employer from having to pay additional compensation

  • in other words, regular wage sa undertime and overtime pay sa overtime

Emergency Overtime Work

cases:

• country at war

• prevent loss of life and property

• actual or imminent emergency

• urgent work on machines, installations, or equipment

• prevent loss or damage to perishable goods

• prevent serious obstruction or prejudice to the business

Right to Weekly Rest Day

• 6 days work day; 1 day rest day

• employer determines rest day subject to collective bargaining agreement

• respect the preference of employees if based on religious grounds

Compensation for Rest Day and Special Days

• Rest Day

• if nature of work has no regular workdays and no scheduled rest days

• Special Day

• Special Day + Rest Day

Rest Day (Compensation for Rest Day and Special Days)

additional 30% of minimum wage

If nature of work has no regular workdays and no scheduled rest days (Compensation for Rest Day and Special Days)

additional 30% on Sundays and Special Days

Special Day (Compensation for Rest Day and Special Days)

additional 30%

Special Day + Rest Day (Compensation for Rest Day and Special Days)

additional 50%

Right to Holiday Pay

• Unworked

• Worked

• Double Holiday

Unworked (Right to Holiday Pay)

100% wage

Worked (Right to Holiday Pay)

200% wage

Double Holiday (Right to Holiday Pay)

300% wage

Right to Service Incentive Leave

• must have rendered at least 1 year of service

• 5 days with pay

• not apply to the following:

  • vacation leave of at least 5 days

  • establishments with less than 10 employees

  • exempted by Secretary of Labor

  • after considering the financial condition of the establishment

Service Charges

100% to covered employees and none to managerial employees

Wages

• Forms of Payment

• Time of Payment

• Place of Payment

• Attorney’s Fees

Forms of Payment (Wages)

• not by means of promissory notes, vouchers, coupons, token, tickets, chits, or any other than legal tender

• check or money order is allowed when such method is customary

Time of Payment (Wages)

twice a month with intervals not exceeding 16 days

Place of Payment (Wages)

at workplace

Attorney’s Fees (Wages)

in case of unlawful withholding of wage, attorney’s fees are equivalent to 10% wages recovered

Prohibitions Regarding Wages

• interference in disposal (di pwedeng mangialam kung saan gagstusin ni employee)

• wage deductions, except;

  • insurance (to recompense employer)

  • union dues

  • authorized by law

• deposits for loss or damage (di pwedeng magdeposit for deductions on loss or damages)

  • hindi pwedeng magdeduct unless the employee is heard and responsible for the damages shown

• withholding of wages (hindi pagbigay ng any amount to the employee)

• kickbacks (inducing employer to give up a part of the wage without their consent)

• deduction to ensure employment

• retaliatory measures (revenge to those who complain)

• false reporting

Employment of Women

• Facilities

• Maternity Leave Benefits

• Family Planning Services

• Acts of Discrimination

• Stipulation against Marriage

• Prohibited Acts

Facilities (Employment of Women)

• seats proper for women

• separate toilet rooms for women and at least a dressing room for women

• nursery

Maternity Leave Benefits (Employment of Women)

• 105 days for live childbirth

• 60 days for miscarriage or termination of pregnancy

• 120 days for childbirth of solo parent

• extendable by 30 days without pay

Family Planning Services (Employment of Women)

establishment required to establish clinics or infirmaries shall provide free family planning services

Acts of Discrimination (Employment of Women)

• lesser compensation than male employees

• favoring male employee over female employee on the basis of sex

Stipulation against Marriage (Employment of Women)

• marriage cannot be considered a condition of employment or continuation of employment

• women cannot be deemed separated or dismissed on the basis of their marriage if such marriage does not impede on job operations

Prohibited Acts (Employment of Women)

• denying women of benefits or discharging her to prevent her from enjoying benefits

• discharging women due to their pregnancy

• discharging or refusal to admit returning women in fear of them being pregnant again

Employment of Minors

• children below 15 years shall be employed unless under direct responsibility of parents or guardian

• children 15 to 18 years old may be employed for a limited number of hours and periods of the day

• children below 18 years old may not be employed in hazardous work

• no employer shall discriminate any person on account of their age

Employment of Househelpers

• contract not more than 2 years, but it is renewable

• if under 18 years old, must provide an opportunity for at least elementary education, which is part of their compensation

• lodging, food, and medical attendance are free of charge

Unjust Dismissal (Employment of Househelpers)

→ compensation already earned + 15 days by way of indemnity

Leaving Without Reason (Employment of Househelpers)

→ forfeiture of unpaid salary due not exceeding 15 days

Notice of Termination (Employment of Househelpers)

→ given to househelper 5 days before dismissal

Employment of Night Workers

• working from 12 MN to 5 AM

• Health Assessment should be undergone free of charge

  • before assignment

  • regular intervals during assignment

  • experience of health problems caused by performance of night work

• first-aid facilities should be made available to them

BOOK 4: HEALTH, SAFETY, AND SOCIAL WELFARE BENEFITS

• Emergency Medical and Dental Services

• Temporary Total Disability

• Permanent Total Disability

• Permanent Partial Disability

• Death Benefits

Emergency Medical and Dental Services

• 51 to 200 employees

• 201 to 300 employees

• more than 300 employees

51 to 200 employees (Emergency Medical and Dental Services)

• full-time nurse (hazardous work)

• graduate first-aider (non-hazardous work)

201 to 300 employees (Emergency Medical and Dental Services)

• full-time nurse

• part-time physician and dentist

• emergency clinic

more than 300 employees (Emergency Medical and Dental Services)

• full-time nurse, physician, dentist

• dental clinic & infirmary

• 1 bed capacity: 100 employees

Temporary Total Disability

• daily income benefit

• 10 to 90 pesos

• 120 days continuous

Permanent Total Disability

• monthly income benefit

• each month until death

• guaranteed in 5 years

Suspended if: (Permanent Total Disability)

• gainfully employed

• recovers from disability

• fails to be present for examination at least once a year

Disabilities: (Permanent Total Disability)

• lasting more than 120 days

• loss of eyesight in both eyes

• loss or permanent paralysis of two limbs

• brain injury resulting in imbecility or insanity

Permanent Partial Disability

• monthly income benefit

• not more than scheduled period

Schedules: (Permanent Partial Disability)

• thumb → 10 months

• index finger → 8 months

• middle finger → 6 months

• ring finger → 5 months

• little finger → 3 months

• big toe → 6 months

• other toes → 3 months

• arm → 50 months

• leg → 46 months

• hand → 39 months

• hearing in both ears → 50 months

• both ears → 20 months

• one ear → 10 months

• hearing in one ear → 10 months

• sight of one eye → 25 months

Thumb (Schedules: Permanent Partial Disability)

10 months (finger)

Index Finger (Schedules: Permanent Partial Disability)

8 months (finger)

Middle Finger (Schedules: Permanent Partial Disability)

6 months (finger)

Ring Finger (Schedules: Permanent Partial Disability)

5 months (finger)

Little Finger (Schedules: Permanent Partial Disability)

3 months (finger)

Big Toe (Schedules: Permanent Partial Disability)

6 months (toe)

Other Toes (Schedules: Permanent Partial Disability)

3 months (toe)

Arm (Schedules: Permanent Partial Disability)

50 months (limb)

Leg (Schedules: Permanent Partial Disability)

46 months (limb)

Hand (Schedules: Permanent Partial Disability)

39 months (limb)

Hearing in Both Ears (Schedules: Permanent Partial Disability)

50 months (hearing)

Hearing in One Ear (Schedules: Permanent Partial Disability)

10 months (hearing)

Both Ears (Schedules: Permanent Partial Disability)

20 months (ear)

One Ear (Schedules: Permanent Partial Disability)

10 months (ear)

Sight of One Eye (Schedules: Permanent Partial Disability)

25 months (sight)

Reminders: (Permanent Partial Disability)

• wrist = hand

• elbow = arm

• ankle = foot

• knee = leg

• more than one joint = half of whole finger or toe

Death Benefits

• monthly income benefit plus 10% for each dependent child up to 5 children beginning with the youngest

• guaranteed for 5 years

• exempted from tax

• Funeral Benefit → 30,000 pesos

BOOK 5: LABOR RELATIONS

• National Labor Relations Commission

• Appeals

• Bureau of Labor Relations

• Unfair Labor Practices

• Collective Bargaining

National Labor Relations Commission

attached to DOLE for program and policy coordination

Appeals

• decisions of the labor arbiter are final and executory unless appealed to Court of Appeals

• must be appealed within 10 calendar days from receipt of decisions

Grounds: (Appeals)

• prima facie evidence of abuse of discretion

• decision was secured through fraud, coercion, graft, or corruption

• appeals made purely on questions of law

• serious errors in the findings of facts are raised

Bureau of Labor Relations

• exclusively authority to act upon own initiative or request of either or both parties

• has 15 days to act on labor cases before it is subject to extension by agreement of parties

Unfair Labor Practices

• violates the constitutional right of workers and employees

  • interfere, restrain, or coerce employees in exercising their right to self-organization

• of Labor Organizations

  • cause or attempt the employer to discriminate against the employee

Collective Bargaining

• Procedure

• Strikes and Lockouts

Procedure (Collective Bargaining)

• written notice of the party desiring negotiations

• other party replies within 10 calendar days from receipt of notice

• either party may request a conference, which begins not later than 10 days from date of request if differences arise on the basis of notice and reply

• the board shall intervene if dispute is still not settled

• during conciliation proceedings, parties are prohibited from doing anything that may impede or disrupt the early settlement of disputes

Strikes and Lockouts (Collective Bargaining)

• right of labor organizations to strike and picket

• right of employes to lockout

• notice of strike or lockout may be submitted at least 30 days before intended date in case of bargaining deadlocks

  • in cases of unfair labor practices, 15 days before intended date

• no declaration of strike or lockout shall be made without first having bargained collectively

• aliens are prohibited from engaging in all forms of trade union activities

BOOK 6: POST-EMPLOYMENT

• Just Causes of Termination

• Authorized Causes of Termination

• Disease as Ground for Termination

• Ineffectual Termination

• Constructive Dismissal

• Retirement

Just Causes of Termination

• Insubordination

• Neglect of Duties

• Fraud

• Crime

Authorized Causes of Termination

• Labor-saving Devices and Redundancy

• Retrenchment or Closure of Operations

Labor-Saving Devices and Redundancy (Authorized Causes of Termination)

separation pay of 1 month or 1 month per year of service

Retrenchment or Closure of Operations (Authorized Causes of Termination)

• separation pay of 1 month or ½ month per year of service

• 6 months = 1 year

Disease as Ground for Termination

• separation pay of 1 month or ½ month per year of service

• 6 months = 1 year

Ineffectual Termination

• having just or authorized causes, but employer does not undergo due process

• employer must pay for nominal damages

Constructive Dismissal

• employee may terminate employment by serving written notice at least 1 month in advance

  • failure to do so may hold them liable for damages

• due to the following causes:

  • serious insult by employer

  • inhuman and unbearable treatment

  • commission of crime

Retirement

• 60 to 65 years old

  • 65 years old → compulsory

• at least 5 years of service in the establishment

  • entitled to 1 month salary or ½ salary per year of service

• mining services

  • 50 to 60 years old

  • 60 years old → compulsory

• racehorse jockeys

  • 55 years old → compulsory as per PHILACOM