Labor Code - Atty. Duka (Pt. 2)

Art. 291

Government employees must be covered by the Civil Service Law

License

It is a document issued by the Secretary of the Department authorizing a natural or juridical person or entity to operate a private recruitment or manning agency

Recruitment Agency

refers to a natural or juridical person duly licensed by the Secretary of the Department to engage in recruitment and placement of land-based OFWs

Manning Agency

for the recruitment of seafarers

Economic Sabotage

when it is syndicated or in large-scale

Syndicated

three or more persons conspiring or confederating with one another

Large-scale

committed against three or more persons recruited individually or as a group

Illegal Recruitment

initiation of recruitment and placement activities without a license

Employment Permit of Non-resident Aliens

aliens are not supposed to be working in the Philippines

Apprentice

- 3 to 6 months of training

- deductibility of training cost

- compensation of not less than 75% of the minimum wage

- possibility of no compensation

Learner

- semi-skilled, non-apprenticeable occupation

- learnership not to exceed 3 months

- no experienced workers available

- compensation of not less than 75% of the minimum wage

Field Personnel

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

No work, No pay Policy

fair day's wage for a fair day's labor, if there is no work performed by the employee, there can be no wage

Overtime Work and Pay

work rendered after normal 8 hours of work is called overtime work

Premium Pay

additional compensation required by law for work performed within 8 hours on non-working days, such as rest days and special days (Art. 91; Art. 93)

Art. 88

Undertime Not Offset by Overtime

Art. 91

Right to weekly rest day

R.A. 9492

Special Holidays

Service Charges

establishments like hotels and restaurants that collect service charges shall completely and equally distribute these charges among the covered employees except managerial employees

Supplements

extra remuneration or special privileges or benefits given to or received by the laborers

Facilities

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

Company Practice

- no diminution of benefits

- no specific rule specifying number of years that a company practice must be exercised in order to constitute coluntary company practice

Job contractor

agreement between principal and contractor assures contractual employee's entitlement to all labor and occupational safety and health standards, free exercise of the right to self-organization, and social welfare benefits

Labor-Only Contractor

prohibited, does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others

Independent Contractor

they offer their services

Wage Distortion

situation in which increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wages between and among groups of employees

Visitorial and Enforcement Power

access to employer's records and premises at any time of the day or night whenever work is being undertaken

VAWC Law

Protection for Women

Sexual Harassment

committed when sexual favor is made as a condition for employment, promotion, continued employment, and other privileges

R.A. 11861

Solo Parent Welfare Act

105

Maternity Leave Benefits - granted _______ days with full pay

7

Paternity Leave - _______ days leave for each delivery for the first 4 deliveries

Magna Carta of Women

dismissal for pregnancy out of wedlock is prohibited and is not a form of immorality or disgraceful conduct