JURISTS 2013 Labor Standards

8/19/2019 JURISTS 2013 Labor Standards

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Labor Standards Employer-Employee Relationship

Contracting Statutory Benefits


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Basic Principles

Article 211. Declaration of policy. A. It is the policy of theState:

(a) To promote and emphasize the primacy of free

collective bargaining and negotiations, including

voluntary arbitration, mediation and conciliation, as

modes of settling labor or industrial disputes (!) To promote free trade unionism as an instrument for

the enhancement of democracy and the promotion of

social "ustice and de#elopment

(c) To foster the free and #oluntary organization of a

strong and united labor movement

(d) To promote the enlightenment of $or%ers concerning

their rights and o!ligations as union mem!ers and as

employees


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Basic Principles

Article 211. Declaration of policy. (e) To pro#ide an ade&uate administrati#e

machinery for the e'peditious settlement of la!or

or industrial disputes

(f) To ensure a sta!le !ut dynamic and "ustindustrial peace and

(g) To ensure the participation of $or%ers in

decision and policyma%ing processes affecting

their rights, duties and $elfare.


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Basic Principles

Article 211. Declaration of policy. . To encourage a truly democratic method of

regulating the relations between the employers

and employees by means of agreements freely

entered into through collective bargaining , nocourt or administrati#e agency or official shall

ha#e the po$er to set or fi' $ages, rates of pay,

hours of $or% or other terms and conditions of

employment, e'cept as other$ise pro#ided under

this *ode.


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Basic Principles

Article 2+. Tripartism and tripartite conferences. (a) Tripartism in la!or relations is here!y declared

a State policy. To$ards this end, $or%ers and

employers shall, as far as practica!le, !e

represented in decision and policyma%ing !odiesof the go#ernment.


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Constitutional Provisions

Art. II. State -olicies Section 1. The State shall promote social "ustice

in all phases of national de#elopment.

Section 11. The State #alues the dignity of e#ery

human person and guarantees full respect forhuman rights.

Section 1/. The State affirms la!or as a primary

social economic force. It shall protect the rights of

$or%ers and promote their $elfare.


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Art. III. ill of 0ights Section /. The right of the people, including those

employed in the pu!lic and pri#ate sectors, to form

unions, associations, or societies for purposes not

contrary to la$ shall not !e a!ridged. Section 1. All persons shall ha#e the right to a

speedy disposition of their cases !efore all

"udicial, &uasi"udicial, or administrati#e !odies.


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Art. III. Social 3ustice and 4uman 0ights Section 5. The State shall afford full protection to la!or, local

and o#erseas, organized and unorganized, and promote full

employment and e&uality of employment opportunities for

all.

It shall guarantee the rights of all $or%ers to self- organization, collective bargaining and negotiations, and

peaceful concerted activities, including the right to strike in

accordance with law . They shall !e entitled to security of

tenure, humane conditions of work , and a living wage. They

shall also participate in policy and decision-making processes affecting their rights and benefits as may !e

pro#ided !y la$.


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Art. III. Social 3ustice and 4uman 0ights Section 5.

The State shall promote the principle of shared

responsi!ility !et$een $or%ers and employers and

the preferential use of voluntary modes in settling

disputes, including conciliation, and shall enforce

their mutual compliance there$ith to foster industrial

peace.

The State shall regulate the relations between

workers and employers, recognizing the right of

la!or to its "ust share in the fruits of production and

the right of enterprises to reasona!le returns to

in#estments, and to e'pansion and gro$th.


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Employer-Employee

Relationship y operation of la$

6ot !y parties7 agreement

6ot dependent on compensation

6ot determined !y Art. 2/ standards


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Art. 212 “DEFINITIONS”

(e) 89mployer8 includes any person acting in the interestof an employer, directly or indirectly. The term shall not

include any la!or organization or any of its officers or

agents e'cept $hen acting as employer.

(f) 89mployee8 includes any person in the employ of an

employer. The term shall not !e limited to the employeesof a particular employer, unless this *ode so e'plicitly

states. It shall include any indi#idual $hose $or% has

ceased as a result of or in connection $ith any current

la!or dispute or !ecause of any unfair la!or practice if

he has not o!tained any other su!stantially e&ui#alentand regular employment.


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Art. !" is #$% the basis of

ER-EE& B'% a test forRE('LAR E)PL$*)E#% Article 2/. Regular and casual employment.

The pro#isions of $ritten agreement to the

contrary not$ithstanding and regardless of theoral agreements of the parties, an employment

shall !e deemed to !e regular $here the

employee has !een engaged to perform

acti#ities $hich are usually necessary or

desira!le in the usual !usiness or trade of the

employer .


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Control

uidelines indicati#e of la!or la$ ;control,<should not merely relate to the mutuallydesira!le result intended !y the contractualrelationship they must ha#e the nature ofdictating the means or methods to !eemployed in attaining the result, or of fi'ingthe methodology and of !inding or restricting

the party hired to the use of these means. Tongko v. Manufacturers ife !nsurance "#R $%&%'',

(une '), '*$* + (anuary ', '*$$


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Control

The main issue of whether an agency or anemployment relationship exists depends on theincidents of the relationship. The Labor Codeconcept of “control” has to be compared and

distinguished with the “control” that mustnecessarily exist in a principal-agent relationship.The principal cannot but also have his or her say indirecting the course of the principal-agentrelationship, especially in cases where thecompany-representative relationship in the

insurance industry is an agency. Tongko v. Manufacturers ife !nsurance "#R $%&%'',

(une '), '*$* + (anuary ', '*$$


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+%alents,

'roduction assistants,

drivers(cameramen, security guards,

are )"T “talents” They are employees

Television and 'roduction *xponents v. +ervaa, anuary %,%&&

/0+-C0) 0roadcasting Corp. v. )a1areno, +ept. %2, %&&2

3ulache v. /0+-C0), anuary %#, %&


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ual uridical

Relationship >nder the !oundaryhulog scheme

incorporated in the asunduan, a dual

"uridical relationship $as created !et$eenpetitioner and respondent: that of employer

employee and #endor#endee. The

asunduan did not e'tinguish the employer

employee relationship of the parties e'tant!efore the e'ecution of said deed. /illamaria v. 01, 1pril $), '**%


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Apprentice Article /. Definition of terms. /s used in this Title4

5a6 7/pprenticeship7 means practical training on the 8obsupplemented by related theoretical instruction.

5b6 /n 7apprentice7 is a wor9er who is covered by a written

apprenticeship agreement with an individual employer or any of the

entities recogni1ed under this Chapter.

5c6 /n 7apprenticeable occupation7 means any trade, form ofemployment or occupation which re:uires more than three months

of practical training on the 8ob supplemented by related theoretical

instruction.

5d6 7/pprenticeship agreement7 is an employment contract wherein

the employer binds himself to train the apprentice and the

apprentice in turn accepts the terms of training.


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Learners

Article +5. earners defined. =earners are

persons hired as trainees in semis%illed and

other industrial occupations $hich are non

apprenticea!le and $hich may !e learned

through practical training on the "o! in arelati#ely short period of time $hich shall not

e'ceed three months.


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Contracting Section 5, ?.@. 1/A, 211

;*ontracting< or ;Su!contracting< refers to anarrangement $here!y

a principal agrees to put out or farm out $ith a contractor the performance or completion of a specific "o!,

$or% or ser#ice

$ithin a definite or predetermined period, regardless of $hether such "o!, $or% or ser#ice is

to !e performed or completed $ithin or outsidethe premises of the principal.


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%rilateral Relationship T4099 (5) parties:

; -0I6*I-A= ; *@6T0A*T@0

; 9-=@B99S

TC@ (2) contracts ; *ontract for a specific "o!, $or% or

ser#ice !et$een the -0I6*I-A= and the*@6T0A*T@0 ; *ontract of employment !et$een the

*@6T0A*T@0 and the 9-=@B99S


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Regulating Contracting

Article 1. 0ontractor or sub-contractor.

The Secretary of =a!or and 9mployment may, !y

appropriate regulations, restrict or prohi!it thecontracting out of la!or to protect the rights of$or%ers esta!lished under this *ode. In soprohi!iting or restricting, he may ma%e appropriatedistinctions !et$een la!oronly contracting as $ellas differentiations $ithin these types of

contracting, and determine $ho among the partiesin#ol#ed shall !e considered the employer forpurposes of this *ode, to pre#ent any #iolation orcircum#ention of any pro#ision of this *ode.


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Labor-$nly Contracting

Article 1. 0ontractor or sub-contractor.

There is 8la!oronly8 contracting $here the personsupplying $or%ers to an employer does not ha#e

su!stantial capital or in#estment in the form of tools,e&uipment, machineries, $or% premises, amongothers, and the $or%ers recruited and placed !y suchperson are performing acti#ities $hich are directlyrelated to the principal !usiness of such employer. Insuch cases, the person or intermediary shall !e

considered merely as an agent of the employer $hoshall !e responsi!le to the $or%ers in the samemanner and e'tent as if the latter $ere directlyemployed !y him.


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Section . ?.@. 6o. 1/A, 211 =a!oronly contracting is here!y declared prohi!ited.

Dor this purpose, la!or only contracting shall refer toan arrangement $here:

(a) the contractor does not ha#e su!stantial capital orin#estments in the form of tools, e&uipment,machineries, $or% premises, among others, and theemployees recruited and placed are performingacti#ities $hich are usually necessary or desira!le tothe operation of the company, or directly related to

the main !usiness of the principal $ithin a definite orpredetermined period, regardless of $hether such "o!, $or% or ser#ice is to !e performed or completed$ithin or outside the premises of the principal or


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Section . ?.@. 6o. 1/A, 211 =a!oronly contracting is here!y declared

prohi!ited. Dor this purpose, la!or onlycontracting shall refer to an arrangement $here:

(!) The contractor does not e'ercise the right tocontrol o#er the performance of the $or% of theemployee.


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Section 2+. ?.@. 6o. 1/A, 211 A finding !y competent authority of la!oronly

contracting shall render the principal "ointly andse#erally lia!le $ith the contractor to the latter7s

employees, in the same manner and e'tent that theprincipal is lia!le to the employees directly hired !yhimEher, as pro#ided in Article 1 of the =a!or *ode,as amended.

A finding of commission of any of the prohi!itedacti#ities in Section +, or #iolation of either Section /

or F hereof, shall render the principal the directemployer of the employees of the contractor orsu!contrator, pursuant to Article 1F of the =a!or*ode, as amended.


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ob Contracting

A contractor7s *ertificate of 0egistration is notsufficient proof that it is an independent contractor. A*ertificate of 0egistration issued !y the ?epartmentof =a!or and 9mployment is not conclusi#e e#idence

of such status. The fact of registration simply pre#ents the legal

presumption of !eing a mere la!oronly contractorfrom arising.

2abas v. orenzo 3hipping, December $, '*$* "citing3an Miguel 0orporation v. /icente 2. 3emillano,4elson Monde5as, (ovito Remada, 1lilgilan Multi- 6urpose 0oop "1M607, and Merlyn 4. 6olicarpio


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Possession by contractor ofsubstantial capital #$% E#$'(/

ere compliance with substantial capital re:uirement will notsuffice for a contractor to be considered a legitimatecontractor. !f the wor9ers supplied by the contractor wor9alongside the principal


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Liability for 0ages

Article 1. 0ontractor or sub-contractor. Chene#eran employer enters into a contract $ith anotherperson for the performance of the formerGs $or%, theemployees of the contractor and of the latterGs su!

contractor, if any, shall !e paid in accordance $iththe pro#isions of this *ode.

In the e#ent that the contractor or su!contractorfails to pay the $ages of his employees inaccordance $ith this *ode, the employer shall !e

"ointly and se#erally lia!le $ith his contractor or su!contractor to such employees to the e'tent of the$or% performed under the contract, in the samemanner and e'tent that he is lia!le to employeesdirectly employed !y him.


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Solidary Liability

Article 1F. 3olidary liability. The pro#isions ofe'isting la$s to the contrary not$ithstanding,e#ery employer or indirect employer shall !e held

responsi!le $ith his contractor or su!contractorfor any #iolation of any pro#ision of this *ode.Dor purposes of determining the e'tent of theirci#il lia!ility under this *hapter, they shall !econsidered as direct employers.


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BP$s not covered

by .$. 1!-A2 "11 Section 5, ?epartment *ircular 6o. 1212 (H)endor#endee relationship for entire !usiness

processes co#ered !y the applica!le pro#isions of the*i#il *ode on *ontracts is e'cluded.

?@ 1/A Series of 211 contemplates generic orfocused singular acti#ity in one contract !et$een theprincipal and the contractor (for e'ample, "anitorial,security, merchandising, specific production $or%)and does not contemplate information technologyena!led ser#ices in#ol#ing an entire !usiness

processes (for e'ample, !usiness processoutsourcing, hard$are andEor soft$are support,medical transcription, animation ser#ices, !ac% officeoperationsEsupport). ' ' ' ' ' ' ' '


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Construction 3ndustry not

covered by registrationmandated by .$. 1!-A Section , ?epartment *ircular 6o. 1212

Thus, the ?@=9, through its regional offices,shall not re&uire contractors licensed !y -*A inthe *onstruction Industry to register under [email protected]/A, Series of 211. oreo#er, findings of#iolationEs on la!or standards and occupationalhealth and safety standards shall !e coordinated

$ith -*A for its appropriate action, includingthe possi!le cancellationEsuspension of thecontractor7s license.


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– 0ages


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a!es

Article F+. Definitions. (f) 8Cage8 paid to any employee shall mean the

remuneration or earnings, ho$e#er designated, capa!leof !eing e'pressed in terms of money, $hether fi'ed orascertained on a time, tas%, piece, or commission !asis,or other method of calculating the same, $hich is paya!le!y an employer to an employee under a $ritten orun$ritten contract of employment for $or% done or to !edone or for ser#ices rendered or to !e rendered andincludes the fair and reasona!le #alue, as determined !ythe Secretary of =a!or and 9mployment, of !oard,lodging or other facilities customarily furnished !y the

employer to the employee. 8Dair and reasona!le #alue8shall not include any profit to the employer or to anyperson affiliated $ith the employer.


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“Fa"ilities” #s. “S$pplements”

Dacility J for the !enefit of the employee orhisEher family

Supplement J for the !enefit of theemployer

6@T9: T49 6AT>09 @D T49 A0TI*=9S @0

S90HI*9S IS 6@T T49 ?9T90I6I6 DA*[email protected] S90HI*9 AB 9 A DA*I=ITB @0 AS>--=996T ?9-96?I6 @6 C4@ IS-0IA0I=B 969DITT9?.


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a!e Fi%in! & R.A. '(2(

0egional Tripartite Cages and -roducti#ity oards(0TC-): ; determines and fi'es I6I> CA9 0AT9S

applica!le in their regions, pro#inces orindustries

; issues CA9 @0?90S ; *omposition:

> 0egional ?irector of ?@=9> 0egional ?irector of 69?A

> 0egional ?irector of ?TI> 2 mem!ers representing $or%ers> 2 mem!ers representing employers


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)inim$m a!e*

Not A"ross-the-+oar, In"rease -ursuant to its authority, the 0egional Cage oards may

issue $age orders $hich set the daily minimum $age rates.It has no authority to grant an acrossthe!oard $age

increase.

In doing so, the 0egional Cage oard e'ceeded itsauthority !y e'tending the co#erage of the Cage @rder to$age earners recei#ing more than the pre#ailing minimum$age rate, $ithout a denominated salary ceiling. TheCage @rder granted additional !enefits not contemplated!y 0.A. 6o. +2+.

etropolitan an% and Trust *ompany #. 6C-*, De!ruary, 2+


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To-Tiere, a!e System

6C-* uidelines 6o. 2, Series of 212, uidelines on theImplementation of the T$oTiered Cage System

Section 1. The T$oTiered Cage System is an approach tominimum $age setting $hich aims to impro#e the co#erage of

minimum $ages promote $or%er and enterprise producti#ityand address the negati#e effects of minimum $age policies.

Section 2. ?efinition of Terms e. T$oTiered Cage System J refers to a pay system consisting

of:

1. minimum $age and2. incenti#e pay !ased on producti#ity impro#ement and

gainsharing


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Form o /ayment

Article 12. Forms of payment. )o employer shallpay the wages of an employee by means ofpromisorry notes, vouchers, coupons, to9ens,

tic9ets, chits or any ob8ect other than legal tender,even when expressly re:uested by the employee. 'ayment of wages by chec9 or money order shall

be allowed when such manner of payment iscustomary on the date of effectivity of this Code or

is necessary because of special circumstances asspecified in appropriate regulations to be issued bythe +ecretary of Labor and *mployment or isstipulated in a collective bargaining agreement.


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Form o /ayment

Article 1. Direct payment of wages. ?ages shall bepaid directly to the $or%ers to whom they are due,except4

5a6 !n cases of force ma8eure rendering such paymentsimpossible or under other special circumstances to be

determined by the +ecretary of Labor and *mployment inappropriate regulations, in which cases the wor9er may bepaid through another person under written authority givenby the wor9er for the purpose= or

5b6 ?here the wor9er has died, in which case theemployer may pay the wages of the deceased wor9er to

the heirs of the latter without the necessity of intestateproceedings. The claimant, if they are all of age, shallexecute an affidavit attesting to their relationship to thedeceased and the fact that they are his heirs, to theexclusion of all other persons. @ @ @ @ @ @ @ @ @


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Time an, /la"e o /ayment

Article 15. Time of payment. ?ages shall be paid at leastonce every two wee9s or twice a month at intervals notexceeding sixteen days. !f on account of force ma8eure orcircumstances beyond the employerAs control, payment ofwages on or within the time herein provided cannot bemade, the employer shall pay the wages immediately aftersuch force ma8eure or circumstances have ceased.

Article 1. Place of payment. 'ayment of wages shall bemade at or near the place of underta9ing, except as

otherwise provided by such regulations as the +ecretary ofLabor and *mployment may prescribe under conditions toensure greater protection of wages.


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/rohi+itions

Article 112. Non-interference in disposal of wages.

Article 115. Wage deduction.

Article 11. Deposits for loss or damage.

Article 11. Withholding of wages and kickbacks .

Article 11+. Deduction to ensure employment.

Article 11/. Retaliatory measures.

Article 11F. False reporting.


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ithhol,in! o a!es

anagement prerogati#e refers ;to the right ofan employer to regulate all aspects ofemployment, such as the freedom to prescri!e$or% assignments, $or%ing methods, processesto !e follo$ed, regulation regarding transfer of

employees, super#ision of their $or%, layoff anddiscipline, and dismissal and recall of $or%.<Although management prerogati#e refers to ;theright to regulate all aspects of employment,< itcannot !e understood to include the right totemporarily $ithhold salaryE$ages $ithout the

consent of the employee. To sanction such aninterpretation $ould !e contrary to Article 11 ofthe =a!or *ode.

+B+ 'erforated aterials v. ia1, "ctober #$, %&


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/ayment +y Res$lts

Article 11. 6ayment by results. The Secretaryof =a!or and 9mployment shall regulate thepayment of $ages !y results, including pa%yao,

piece$or% and other nontime $or%, in order toensure the payment of fair and reasona!le$age rates, prefera!ly through time and motionstudies or in consultation $ith representati#esof $or%ersG and employersG organizations.


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or0er /reeren"e

Article 11. 8orker preference in case ofbankruptcy. In the e#ent of !an%ruptcy orli&uidation of an employerGs !usiness, his

$or%ers shall en"oy first preference as regardstheir unpaid $ages and other monetary claims,any pro#ision of la$ to the contrarynot$ithstanding. Such unpaid $ages andmonetary claims shall !e paid in full !efore the

claims of the o#ernment and other creditorsmay !e paid.


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a!e Distortion

Article 12. ' ' '

Chere the application of any prescri!ed $age

increase !y #irtue of a la$ or Cage @rder issued

!y any 0egional oard results in distortions of

the $age structure $ithin an esta!lishment, theemployer and the union shall negotiate to correct

the distortions. Any dispute arising from $age

distortions shall !e resol#ed through the

grie#ance procedure under their collecti#e!argaining agreement and, if it remains

unresol#ed, through #oluntary ar!itration.


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a!e Distortion

Article 12. ' ' '

As used herein, a $age distortion shall mean a

situation $here an increase in prescri!ed $age

rates results in the elimination or se#erecontraction of intentional &uantitati#e

differences in $age or salary rates !et$een and

among employee groups in an esta!lishment as

to effecti#ely o!literate the distinctionsem!odied in such $age structure !ased on

s%ills, length of ser#ice, or other logical !ases of

differentiation.


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– 0ages

–/ours of 0or4


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0


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o$rs o or0

Article /F. 9mergency overtime work. Any employee may !e

re&uired !y the employer to perform o#ertime $or% in any ofthe follo$ing cases:

(a) Chen the country is at $ar or $hen any other national or localemergency has !een declared !y *ongress or the *hief 9'ecuti#e

(!) Chen it is necessary to pre#ent loss of life or property or incase of imminent danger to pu!lic safety due to an actual orimpending emergency in the locality caused !y serious accidents,

fire, flood, typhoon, earth&ua%e, epidemic or other disaster orcalamity (c) Chen there is urgent $or% to !e performed on machines,

installation or e&uipment, in order to a#oid serious loss or damageto the employer or some other cause of similar nature

(d) Chen the $or% is necessary to pre#ent loss or damage toperisha!le goods

(e) Chere the completion or continuation of the $or% started!efore the /th hour is necessary to pre#ent serious o!struction orpre"udice to the !usiness or operations of the employer.


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o$rs or0e,

Article /. :ours worked. 4ours $or%ed

shall include (a) all time during $hich

an employee is re&uired to !e on duty

or to !e at a prescri!ed $or%place, and(!) all time during $hich an employee is

suffered or permitted to $or%.

0est periods of short duration during

$or%ing hours shall !e counted ashours $or%ed.


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)eal /erio, Article /. Meal periods. Su!"ect to such regulations as

the Secretary of =a!or and 9mployment may prescri!e,it shall !e the duty of e#ery employer to gi#e hisemployees not less than si'ty minutes timeoff for theirregular meals.

9690A= 0>=9: not less than 1 hour timeoff for regular meals Jnoncompensa!le

9*9-TI@6S: meal period of not less than 2 mins.: Chere the $or% is nonmanual $or% in nature or does not in#ol#e

strenuous physical e'ertion Chere the esta!lishment regularly operates not less than 1 hours

a day In case of actual or impending emergencies or there is urgent

$or% to !e performed on machineries, e&uipment or installationsto a#oid serious loss $hich the employer $ould other$ise suffer

Chere the $or% is necessary to pre#ent serious loss of perisha!legood

0est periods or coffee !rea%s


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O#ertime /ay

Article /+. 7vertime work. Cor% may !e performed !eyond eighthours a day pro#ided that the employee is paid for the o#ertime$or% an additional compensation e&ui#alent to his regular $ageplus at least t$entyfi#e percent thereof.

Cor% performed !eyond eight hours on a holiday or rest day shall !e

paid an additional compensation e&ui#alent to the rate for the firsteight hours on a holiday or rest day plus at least 5 percent thereof.

T4>S:

; 2K @T -09I> for @0?I6A0B ?ABS ; 5K @T -09I> for 9T0A@0?I6A0B ?ABS

(4olidaysE0est ?ays)


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O#ertime /ay

Article F. 0omputation of additionalcompensation. Dor purposes of computingo#ertime and other additional remuneration asre&uired !y this *hapter, the 8regular $age8 of anemployee shall include the cash $age only,$ithout deduction on account of facilitiespro#ided !y the employer.


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Osettin! /rohi+ite,

Article //. ;ndertime not offset by overtime. >ndertime $or% on any particular day shall not !eoffset !y o#ertime $or% on any other day.-ermission gi#en to the employee to go on lea#eon some other day of the $ee% shall not e'emptthe employer from paying the additionalcompensation re&uired in this *hapter.


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Ni!ht Shit Dierential

Article /. 4ight shift differential. 9#ery employeeshall !e paid a night shift differential of not less thanten percent of his regular $age for each hour of $or%performed !et$een ten oGcloc% in the e#ening and si'oGcloc% in the morning.

6I4T S4IDT ?IDD9096TIA=: 1K

TI9: 1 - T@ A

6@T9: 6ight Shift ?ifferential is on top of @H90TI9-09I>


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o$rs o or0 - Co#era!e

Article /2. 0overage. The pro#ision of this Title

shall apply to employees in all esta!lishments

and underta%ings, $hether for profit or not, !ut

not to go#ernment employees, managerial

employees, field personnel, mem!ers of thefamily of the employer $ho are dependent on him

for support, domestic helpers, persons in the

personal ser#ice of another and $or%ers $ho are

paid !y results as determined !y the Secretary of=a!or and 9mployment in appropriate

regulations.


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Article /2. 0overage. ' '

As used herein, 8managerial employees8 refers to

those $hose primary duty consists of the management

of the esta!lishment in $hich they are employed or of

a department or su!di#ision thereof, and to otherofficers or mem!ers of the managerial staff.

8Dield personnel8 refers to nonagricultural employees

$ho regularly perform their duties a$ay from the

principal place of !usiness or !ranch office of the

employer and $hose actual hours of $or% in the fieldcannot !e determined $ith reasona!le certainty.


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DI9=? -90S@669= J employees $hoseperformance of their "o! is not super#ised !y theemployer or its representati#e, as the $or% isperformed outside the principal office of theemployer

time and performance is unsuper#ised !y theemployer


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RE/34IC ACT NO. 15161

A6 A*T A==@CI6 T49 9-=@B96T @D 6I4TC@0L90S, T4909B 09-9A=I6 A0TI*=9S 15 A6? 151@D T49 =A@0 *@?9

Article 15. 4ight work prohibition. 6o $oman, regardless of age, shall !e

employed or permitted or suffered to $or%, $ith or $ithout compensation:

(a) In any industrial underta%ing or !ranch thereof !et$een ten oGcloc% at

night and si' oGcloc% in the morning of the follo$ing day

(!) In any commercial or nonindustrial underta%ing or !ranch thereof, other

than agricultural, !et$een midnight and si' oGcloc% in the morning of the

follo$ing day or

(c) In any agricultural underta%ing at night time unless she is gi#en a period

of rest of not less than nine consecuti#e hours.

Article 151. 9


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RE/34IC ACT NO. 15161

Art. 1. 0overage.= This chapter shall apply to allpersons, $ho shall !e employed or permitted or suffered to$or% at night, e'cept those employed in agriculture, stoc%raising, fishing, maritime transport and inland na#igation,during a period of not less than se#en (+) consecuti#ehours, including the inter#al from midnight to fi#e o7cloc%in the morning, to !e determined !y the Secretary of =a!or

and 9mployment, after consulting the $or%ers7representati#esEla!or organizations and employers. ;6ight $or%er< means any employed person $hose $or%

re&uires performance of a su!stantial num!er of hours ofnight $or% $hich e'ceeds a specified limit. This limit shall!e fi'ed !y the Secretary of =a!or after consulting the

$or%ers7 representati#esEla!or organizations andemployers.<


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omen Ni!ht or0ers

Art. 1/. 8omen 4ight 8orkers.= easures shall !eta%en to ensure that an alternati#e to night $or% isa#aila!le to $omen $or%ers $ho $ould other$ise !ecalled upon to perform such $or%:

(a) efore and after child!irth, for a period of at leastsi'teen (1) $ee%s, $hich shall !e di#ided !et$een thetime !efore and after child!irth

(!) Dor additional periods, in respect of $hich a medicalcertificate is produced stating that said additional periodsare necessary for the health of the mother or child: ; (1) ?uring pregnancy ;

(2) ?uring a specified time !eyond the period, afterchild!irth is fi'ed pursuant to su!paragraph (a) a!o#e, thelength of $hich shall !e determined !y the ?@=9 afterconsulting the la!or organizations and employers.


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omen Ni!ht or0ers

Art. 1/. 8omen 4ight 8orkers.=

-regnant $omen and nursing mothers may !e allo$ed

to $or% at night only if a competent physician, other

than the company physician, shall certify their fitness

to render night $or%, and specify, in the case ofpregnant employees, the period of the pregnancy that

they can safely $or%.

The measures referred to in this article may include

transfer to day $or% $here this is possi!le, the

pro#ision of social security !enefits or an e'tension of

maternity lea#e.


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Ri!ht to EA4T ASSESS)ENT

Art. 1. :ealth 1ssessment, > At their re&uest, $or%ersshall ha#e the right to undergo a health assessment$ithout charge and to recei#e ad#ice on ho$ to reduceor a#oid health pro!lems associated $ith their $or%:

(a) efore ta%ing up an assignment as a night $or%er (!) At regular inter#als during such an assignment and (c) If they e'perience health pro!lems during such an

assignment $hich are not caused !y factors other thanthe performance of night $or%.

Cith the e'ception of a finding of unfitness for night$or%, the findings of such assessments shall not !etransmitted to others $ithout the $or%ers7 consent andshall not !e used to their detriment.


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Ri!ht to ADE7ATE

FACI4ITIES

Art. 1. Mandatory ?acilities.= Suita!le firstaid

facilities shall !e made a#aila!le for $or%ers

performing night $or%, including arrangements $here

such $or%ers, $here necessary, can !e ta%enimmediately to a place for appropriate treatment. The

employers are li%e$ise re&uired to pro#ide safe and

healthful $or%ing conditions and ade&uate or

reasona!le facilities such as sleeping or resting

&uarters in the esta!lishment and transportation fromthe $or% premises to the nearest point of their

residence su!"ect to e'ceptions and guidelines to !e

pro#ided !y the ?@=9.


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TRANSFER

Art. 1+. Transfer.= 6ight $or%ers $ho are certified as

unfit for night $or%, due to health reasons, shall !e

transferred, $hene#er practica!le, to a similar "o! for

$hich they are fit to $or%.

If such transfer to a similar "o! is not practica!le, these$or%ers shall !e granted the same !enefits as other

$or%ers $ho are una!le to $or%, or to secure

employment during such period.

A night $or%er certified as temporarily unfit for night

$or% shall !e gi#en the same protection againstdismissal or notice of dismissal as other $or%ers $ho

are pre#ented from $or%ing for reasons of health.<


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CONS4TATION

Art. 11. 4ight 8ork 3chedules.= efore introducing

$or% schedules re&uiring the ser#ices of night

$or%ers, the employer shall consult the $or%ers7

representati#esEla!or organizations concerned on thedetails of such schedules and the forms of

organization of night $or% that are !est adapted to the

esta!lishment and its personnel, as $ell as on the

occupational health measures and social ser#ices

$hich are re&uired. In esta!lishments employing night$or%ers, consultation shall ta%e place regularly.<


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– 0ages

–

/ours of 0or4 –Rest Period


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Rest Day

Article F1. Right to weekly rest day. (a) It shall !ethe duty of e#ery employer, $hether operating forprofit or not, to pro#ide each of his employees arest period of not less than t$entyfourconsecuti#e hours after e#ery si' consecuti#enormal $or% days.

S"he,$le o Rest Day


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S"he,$le o Rest Day Article F1. Right to weekly rest day. (!) The employer shall

determine and schedule the $ee%ly rest day of hisemployees, su!"ect to collecti#e agreement and to suchrules and regulations as the Secretary of =a!or and9mployment may pro#ide. 4o$e#er, the employer shallrespect the preference of employees as to their $ee%ly restday $hen such preference is !ased on religious grounds.

0>=9S: Chere, ho$e#er, the choice of the employee as tohis rest day !ased on religious grounds $ill ine#ita!lyresult in serious pre"udice or o!struction to the operationsof the underta%ing and the employer cannot normally !ee'pected to resort to other remedial measures, theemployer may so schedule the $ee%ly rest day of his

choice for at least t$o (2) days in a month.


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or0 on Rest Day Article F2. 8hen employer may re@uire work on a rest day. The employer

may re&uire his employees to $or% on any day: (a) In case of actual or impending emergencies caused !y serious

accidents, fire, flood, typhoon, earth&ua%e, epidemic or other disaster orcalamity to pre#ent loss of life and property or imminent danger to pu!licsafety

(!) In case of urgent $or% to !e performed on the machinery, e&uipmentor installation to a#oid serious loss $hich the employer $ould other$ise

suffer (c) In the e#ent of a!normal pressure of $or% due to specialcircumstances, $here the employer cannot ordinarily !e e'pected toresort to other measures

(d) To pre#ent loss or damage to perisha!le goods (e) Chere the nature of the $or% re&uires continuous operations and the

stoppage of $or% may result in irrepara!le in"ury or loss to theemployer and

(f) >nder other circumstances analogous or similar to the foregoing asdetermined !y the Secretary of =a!or and 9mployment.


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or0 on Rest Day - /ayment Article F5. 0ompensation for rest day, 3unday or holiday

work. (a) Chere an employee is made or permitted to $or%on his scheduled rest day, he shall !e paid an additionalcompensation of at least 5 percent of his regular $age. Anemployee shall !e entitled to such additional compensationfor $or% performed on Sunday only $hen it is hisesta!lished rest day.

(!) Chen the nature of the $or% of the employee is suchthat he has no regular $or%days and no regular rest dayscan !e scheduled, he shall !e paid an additionalcompensation of at least 5 percent of his regular $age for$or% performed on Sundays and holidays.


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– 0ages

–

/ours of 0or4 –Rest Period

–/olidays


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oli,ay /ay

Article F. Right to holiday pay. 5a6 *verywor9er shall be paid his regular daily $ageduring regular holidays, except in retail andservice establishment regularly employing lessthan ten wor9ers=

5b6 The employer may re:uire an employee to$or% on any holiday but such employee shallbe paid a compensation e:uivalent to t$icehis regular rate= and

@ @ @ @ @ @@ @ @

0 S i l D


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or0 on Spe"ial Day

Article F5. ompensation for rest day! "unday orholiday work. @ @ @ @ @ @ @ @ @

5c6 Cor% performed on any special holiday shall

be paid an additional compensation of at least 5percent of the regular $age of the employee.?here such holiday wor9 falls on the employeeAsscheduled rest day, he shall be entitled to anadditional compensation of at least percent of hisregular $age.


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oli,ay an, Spe"ial Day

4@=I?AB S-9*IA= ?AB

6@ C@0L, CIT4 -AB 6@ C@0L, 6@ -AB

CIT4 C@0L,?@>=9 -AB

CIT4 C@0L, 9T0A-AB (5K premium)

oli,ays an, Spe"ial Days


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oli,ays an, Spe"ial Days

4@=I?AB S-9*IA= ?AB

6e$ Bear7s ?ay

aundy Thursday

ood Driday

Ara$ ng Lagitingan

=a!or ?ayIndependence ?ay

6ational 4eroes ?ay

onifacio ?ay

*hristmas0izal ?ay

9id7l Ditr

9id7l Adha

6inoy A&uino ?ay

All Saints7 ?ay

=ast ?ay of the Bear


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Ser#i"e In"enti#e 4ea#e

Article F. Right to ser#ice incenti#e lea#e. 5a6 *very employeewho has rendered at least one year of service shall be entitledto a yearly service incentive leave of five days with pay.

5b6 This provision shall not apply to those who are already

en8oying the benefit herein provided, those en8oying vacationleave with pay at least five days and those employed inestablishments regularly employing less than ten employees orin establishments exempted from granting this benefit by the+ecretary of Labor after considering the viability or financialcondition of such establishment.

5c6 The grant of benefit in excess of that provided herein shall

not be made a sub8ect of arbitration or any court oradministrative action.


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SI4

9mployees engaged on tas% or contract

!asis or paid on purely commission

!asis are not automatically e'emptedfrom the grant of ser#ice incenti#e

lea#e, unless, they fall under the

classification of field personnel.

+errano v. +everino +antos Transit, /ugust D, %&


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)aternity 4ea#e

0.A. 111, as amended !y 0.A. /2/2

days for normal deli#ery

+/ days for caesarian deli#ery

arried or unmarried


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/aternity 4ea#e

0.A. /1/+

+ days

arried and coha!iting $ith the $ife


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4ea#e or 8AC #i"tims

0.A. F22

1 days

As the need arises, at the option of the employee


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Spe"ial 4ea#e or omen

0.A. F+1

2 months $ith pay

Dor gynecological disorders re&uiring surgicalprocedure


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/arental 9Solo /arent: 4ea#e

Section /, 0.A. /F+2 In addition to lea#e pri#ileges under e'isting

la$s, parental lea#e of not more than se#en (+)$or%ing days e#ery year shall !e granted to anysolo parent employee $ho has rendered ser#iceof at least one (1) year.


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Ser#i"e Char!es

Article F. "er#ice charges. /ll servicecharges collected by hotels, restaurants andsimilar establishments shall be distributed at

the rate of E percent for all coveredemployees and #E percent for management.The share of the employees shall be e:uallydistributed among them. In case the ser#ice

charge is a!olished, the share of theco#ered employees shall !e integratedinto their $ages.

OFs entitle, to salar or


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OFs entitle, to salary or

NE;/IRED /ORTION o

"ontra"t /n "3? dismissed from overseas employmentwithout 8ust, valid or authori1ed cause as defined bylaw or contract, is entitled to4

3ull reimbursement of the placement fee with interestat #%F per annum Bis salary for the G)*@'!H* '"HT!") of his

employment contract

)"T*4 The $-month limit in the law is !)I/L! Serrano #s. allant Doctrine (2F)


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)oney "laims o seaarers

/rticle %D# is the law governing the prescription of money claimsof seafarers, a class of overseas contract wor9ers. This lawprevails over +ection % of the +tandard *mployment Contract for+eafarers which provides for claims to be brought only within oneyear from the date of the seafarer


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Retirement

Retirement is the result of a bilateral act of the parties! a voluntary agreement between theemployer and the employee whereby the latter!after reaching a certain age! agrees to se#er hisor her employment with the former .

/ retirement plan giving the employer the optionto retire its employees below the ages providedby law must be assented to and accepted by thelatter, otherwise, its adhesive imposition willamount to a deprivation of property without due

process of law. ercado #. $niprom! %ctober &'! ()&)

8isitorial an, Enor"ement


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/oers Article 12/. /isitorial and enforcement powers. (a) The Secretary of =a!or

and 9mployment or his duly authorized representati#es, including la!orregulations officers, shall ha#e access to employerGs records and premisesat any time of the day or night $hene#er $or% is !eing underta%en therein,and the right to copy therefrom, to &uestion any employee and toin#estigate any fact, condition or matter $hich may !e necessary todetermine #iolations or $hich may aid in the enforcement of this *ode andof any la!or la$, $age order or rules and regulations issued pursuantthereto.

(!) The pro#isions of Article 21+ of this *ode to the contrarynot$ithstanding and in cases $here the relationship of employeremployee still e'ists, the Secretary of =a!or and 9mployment or his dulyauthorized representati#es shall ha#e the po$er to order and administer,after due notice and hearing, compliance $ith the la!or standardspro#isions of this *ode and other la!or legislation !ased on the findings ofla!or regulation officers or industrial safety engineers made in the courseof inspection, and to issue $rits of e'ecution to the appropriate authorityfor the enforcement of their order, e'cept in cases $here the employer

contests the findings of the la!or regulation officer and raises issues$hich cannot !e resol#ed $ithout considering e#identiary matters that arenot #erifia!le in the normal course of inspection.



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/oers Article 12F. Reco#ery of wages! simple money claims and

other benefits. Gpon complaint of any interested party, theHegional irector of the epartment of Labor and*mployment or any of the duly authori1ed hearing officersof the epartment is empowered, through summaryproceeding and after due notice, to hear and decide any

matter involving the recovery of wages and other monetaryclaims and benefits, including legal interest, owing to anemployee or person employed in domestic or householdservice or househelper under this Code, arising fromemployer-employee relations4 'rovided, That suchcomplaint does not include a claim for reinstatement4'rovided, further, That the aggregate money claims of each

employee or househelper do not exceed five thousandpesos 5'E,&&&6. @ @ @ @ @ @ @ @ @

Stoppa!e o or0


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Stoppa!e o or0

Article 12/. *isitorial and enforcement powers. @ @ @@ @ @

5c6 The +ecretary of Labor and *mployment mayli9ewise order stoppage of wor9 or suspension ofoperations of any unit or department of an establishmentwhen non-compliance with the law or implementing rules

and regulations poses grave and imminent danger to thehealth and safety of wor9ers in the wor9place. ?ithintwenty-four hours, a hearing shall be conducted todetermine whether an order for the stoppage of wor9 orsuspension of operations shall be lifted or not. !n casethe violation is attributable to the fault of the employer, he

shall pay the employees concerned their salaries orwages during the period of such stoppage of wor9 orsuspension of operation.

Se"retary o 4a+or has NO =$ris,i"tion to ,etermine


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Se"retary o 4a+or has NO =$ris,i"tion to ,etermine

the e%isten"e o employer-employee relationship in the

e%er"ise o the #isitorial an, enor"ement poers $n,er

Arti"le 12>.

/rticle #%


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Attorney?s Fees

Article 111. 1ttorneyAs fees. (a) In cases of

unla$ful $ithholding of $ages the culpa!le

party may !e assessed attorneyGs fees

e&ui#alent to ten percent of the amount of$ages reco#ered.

(!) It shall !e unla$ful for any person to

demand or accept, in "udicial or administrati#e

proceedings for the reco#ery of the $ages,attorneyGs fees $hich e'ceed ten percent of the

amount of $ages reco#ered.

Documents

JURISTS 2013 Labor Standards