12 Labor Law Sheet Sheet

Canvassing

Canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, referrals, contract services, promising or advertising employment, offering employment to 2 or more persons with or without pay.

License

Document issued by DOLE for operating private employment agencies for recruitment and placement for a fee.

Authority

Document issued to authorize person or entity recognized as private recruitment agencies for recruitment and placement without fee.

Employment of Non-Resident Aliens

Employer must obtain employment permit from DOLE, submit list of non-resident aliens within 30 days, alien cannot transfer jobs or change employers without DOLE approval.

Manpower

Portion of population with actual or potential capability to contribute directly to production of goods and services.

Apprenticeship

OJT + theoretical instruction, 3 to 6 months, covered by apprenticeship agreement, companies have option to hire after, receives at least 75% of minimum wage.

Learnership

Semi-skilled & non-apprenticeable occupations, does not exceed 3 months, covered by learnership agreement, companies obliged to hire after, receives at least 75% of minimum wage.

Handicapped Workers

May be hired as apprentices or learners provided handicap does not impede job performance, employed when necessary to prevent reduction of employment opportunities and does not create unfair competition.

Managerial Employees

Primary duty is management of establishment or department.

Field Personnel

Non-agricultural employees working outside principal work premises whose actual hours cannot be determined with reasonable certainty.

Work Hours - Normal

8 hours.

Work Hours - Rest Period / Coffee Breaks

5-20 minutes (compensable).

Work Hours - Meal Period

At least 1 hour, may be 20 mins if credited as compensable: non-manual, establishment operates >16 hours, emergency, perishable goods.

Work Hours - Night Shift Differential

Work performed 10 PM to 6 AM, additional not less than 10%.

Work Hours - Overtime

Work beyond 8 hours, undertime shall not be compensated by overtime; allowing employee to leave early then do OT does not exempt employer from OT pay - regular wage sa undertime and OT 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/equipment, prevent loss/damage to perishable goods, prevent serious obstruction/prejudice to business.

Right to Weekly Rest Day

6 days work, 1 day rest, employer determines rest day subject to CBA, respect preference if based on religious grounds.

Compensation for Rest Day and Special Days

Rest Day = +30% of minimum wage, If nature of work has no regular workdays and no scheduled rest days = +30% on Sundays and Special Days, Special Day = +30%, Special Day + Rest Day = +50%.

Right to Holiday Pay

Unworked = 100% wage, worked = 200% wage, double holiday = 300% wage.

Right to Service Incentive Leave

Must have rendered at least 1 year, 5 days with pay, NOT apply to: those with vacation leave at least 5 days, establishments with less than 10 employees, exempted by Secretary of Labor after considering financial condition.

Service Charges

100% to covered employees and none to managerial employees.

Wages - Forms of Payment

Not by promissory notes, vouchers, coupons, tokens, tickets, chits, or other than legal tender, check or money order allowed when customary.

Wages - Time and Place

Twice a month with intervals not exceeding 16 days, at workplace.

Attorney's Fees

In unlawful withholding of wage, equivalent to 10% of wages recovered.

Prohibitions Regarding Wages

Interference in disposal (cannot dictate where employee spends), Wage deductions except: insurance to recompense employer, union dues, authorized by law, Deposits for loss/damage - cannot deduct unless employee heard and responsibility shown, Withholding of wages, Kickbacks (inducing to give up part of wage), Deduction to ensure employment, Retaliatory measures (revenge to complainants).

Employment of Women - Facilities

Seats proper for women, separate toilet rooms and at least dressing room, nursery.

Maternity Leave Benefits

105 days live childbirth, 60 days miscarriage/termination, 120 days solo parent, extendable 30 days without pay.

Family Planning Services

Establishment required to establish clinics/infirmaries shall provide free family planning services.

Acts of Discrimination

Lesser compensation than male, favoring male over female on basis of sex.

Stipulation Against Marriage

Marriage cannot be condition of employment or continuation, women cannot be deemed separated/dismissed on basis of marriage if does not impede job operations.

Prohibited Acts - Women

Denying benefits or discharging to prevent enjoying benefits, discharging due to pregnancy, discharging/refusal to admit returning women in fear of being pregnant again.

Employment of Minors

Children below 15 shall not be employed unless under direct responsibility of parents/guardian, 15 to 18 may be employed for limited hours/periods, below 18 may not be employed in hazardous work, no discrimination on account of age.

Employment of Househelpers

Contract not more than 2 years but renewable, if under 18 must provide opportunity for at least elementary education as part of compensation, lodging/food/medical attendance free of charge, unjust dismissal => earned + 15 days indemnity, leaving without reason => forfeiture of unpaid salary not exceeding 15 days, notice of termination 5 days before dismissal.

Employment of Night Workers

Working 12 MN to 5 AM, Health Assessment free of charge before assignment, regular intervals, when experiencing health problems due to night work, first-aid facilities must be available.

Emergency Medical and Dental Services

51-200 employees => part-time physician.

Temporary Total Disability

Daily income benefit 10 to 90 pesos, 120 days continuous.

Permanent Total Disability

Monthly income benefit each month until death, guaranteed 5 years, suspended if gainfully employed, recovers, fails to present for exam at least once a year; disabilities: lasting >120 days, loss of eyesight both eyes, loss/paralysis of two limbs, brain injury resulting in imbecility/insanity.

Permanent Partial Disability

Monthly income benefit not more than scheduled period: little finger 3 months, ring finger 5, middle 6, index 8, thumb 10, big toe 6, other toe 3, arm 50, hand 39, leg 46, one ear 10, both ears 20, hearing one ear 10, both ears 50, sight one eye 25; Reminders: wrist=hand, elbow=arm, ankle=foot, knee=leg, more than one joint = half of whole finger/toe.

Death Benefits

Monthly income benefit +10% for each dependent child up to 5 children beginning with youngest, guaranteed 5 years, exempted from tax, Funeral Benefit 30,000 pesos.

Appeals - Labor Arbiter

Decisions final and executory unless appealed to Court of Appeals within 10 calendar days from receipt, Grounds: prima facie abuse of discretion, decision secured through fraud/coercion/graft/corruption, appeals purely on questions of law, serious errors in findings of facts.

Bureau of Labor Relations

Exclusive authority to act upon own initiative or request of parties, has 15 days to act before subject to extension by agreement.

Unfair Labor Practices

Violates constitutional right of workers, interfere/restrain/coerce employees in exercising right to self-organization, cause/attempt employer to discriminate against employee.

Collective Bargaining - Procedure

Written notice desiring negotiations, other party replies within 10 calendar days, either party may request conference not later than 10 days from request if differences arise, Board intervenes if not settled, during conciliation prohibited from doing anything that may impede early settlement.

Strikes and Lockouts

Right of labor orgs to strike and picket, right of employers to lockout, notice at least 30 days before intended date in bargaining deadlocks, 15 days in ULP, no declaration without first bargaining collectively, aliens prohibited from engaging in all forms of trade union activities.

Just Causes

Insubordination, neglect of duties, fraud, crime.

Authorized Causes of Termination

Labor-saving devices and redundancy => separation pay 1 month or 1 month per year of service, retrenchment or closure => 1 month or 1/2 month per year, 6 months = 1 year.

Disease as Ground for Termination

Separation pay 1 month or 1/2 month per year, 6 months = 1 year.

Ineffectual Termination

Having just or authorized causes but employer does not undergo due process => employer must pay nominal damages.

Constructive Dismissal

Employee may terminate by serving written notice at least 1 month in advance, failure may hold liable for damages, causes: serious insult by employer, inhuman and unbearable treatment, commission of crime.

Retirement

60-65 years old, 65 compulsory, at least 5 years service, entitled to 1 month salary or 1/2 salary per year of service, mining services 50-60 compulsory 60, racehorse jockeys 55 compulsory per PHILRACOM.

Benefits

Indirect financial and nonfinancial payments for continuing employment.

Supplemental Pay

Benefits for time not worked.

Severance Pay

Reduces litigation.

Pension Plans

Income in retirement.

Compressed Workweek

Fewer but longer days.

Job Sharing

2+ people sharing single full-time job.

Work Sharing

Temporary reduction in hours by group to prevent layoff.

Components of Rewards System

Direct base pay => fixed salary/wage, Pay progression => related to age/length of service/performance, Performance variable pay => directly linked to work-related behavior: Payment by results => quantity of output (piecework, commission, output, target-based), Performance-related pay => based on profitability, Indirect pay or benefits => non-cash items.