[3] Labor Laws Cheat Sheet - Book 4 to Book 6

From St. Ven's Cheat Sheet

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

*Reason: Business/organizational cause (company decision due to financial losses or closure)

Disease as Ground for Termination

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

• 6 months = 1 year

*Reason: Employee health cause (termination due to illness preventing continued work)

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