labor1 rvwer

8/12/2019 labor1 rvwer

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D. Wage Prohibitions

1. prohibition against interference in disposal of wages

ART. 112. Non-interference in disposal of wages.- No employer shall limit or otherwise interfere with the freedom of anyemployee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchasemerchandise, commodities or other property from any other person, or otherwise mae use of any store or ser!ices ofsuch employer or any other person.

"ec #. $%&' shall chec(

payroll

other financial records

to determine whether worers are properly paid or granted benefits under law or wage order

)nioni*ed companies(

president or responsible officer of bargaining unit or of any interested union shall accompany inspector

Non-unioni*ed companies(

inspection in the presence of a worer representing worers

rep shall ha!e right to inspect own findings to $%&' and testify if he cannot concur with findings of laborinspector

2. +rohibition against wage deduction

ART. 11. Wage deduction. - No employer, in his own behalf or in behalf of any person, shall mae any deduction fromthe wages of his employees, ecept(

a/ 0n cases where the worer is insured with his consent by the employer, and the deduction is to recompense theemployer for the amount paid by him as premium on the insurance

b/ or union dues, in cases where the right of the worer or his union to chec-off has been recogni*ed by the employeror authori*ed in writing by the indi!idual worer concerned and

c/ 0n cases where the employer is authori*ed by law or regulations issued by the "ecretary of &abor and 'mployment.

"ec 13. funds from( included in annual 4A

5ompensation and %rgani*ational Ad6ustment und

5ontingent und %ther sa!ings under RA 7788 general appropriations acts of 1#8#/

rom any unappropriated funds of National TreasuryApodaca vs NLRC, 172 SCRA 2!acts"#etitioner was persuaded to su$scri$e to 1%&& s'ares of corporation(s stoc)s. *e paid +7,%&& out of 1%&,&&& $ut onanuar 2, 1/0, 'e resigned.

nstituted coplaint for paent of unpaid wages, C3LA, etc. Copan ac)nowledged unpaid wages $ut said t'at t'is'as $een applied to petitioner(s unpaid $alance.

ssue 1" W3N NLRC 'as 4urisdiction over case*eld" N3Ratio"

intracorporate dispute $etween stoc)'older and corporation as in t'e atter of unpaid su$scriptions

ssue" W3N suc' tpe of wage deduction is valid*eld" N3Ratio"

no notice or call for paent of unpaid su$scriptions so preature

Article 11+ allows wage deductions onl in + instances.

5a6 n cases w'ere t'e wor)er is insured wit' 'is consent $ t'e eploer, and t'e deduction is to recopense t'eeploer for t'e aount paid $ 'i as preiu on t'e insurance


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5$6 !or union dues, in cases w'ere t'e rig't of t'e wor)er or 'is union to c'ec)-off 'as $een recogni8ed $ t'eeploer or aut'ori8ed in writing $ t'e individual wor)er concerned and

5c6 n cases w'ere t'e eploer is aut'ori8ed $ law or regulations issued $ t'e Secretar of La$or and9ploent.

. +rohibition against re9uirement to mae deposits for loss or damage

ART. 11:. :eposits for loss or daage. - No employer shall re9uire his worer to mae deposits from which deductionsshall be made for the reimbursement of loss of or damage to tools, materials, or e9uipment supplied by the employer,

ecept when the employer is engaged in such trades, occupations or business where the practice of maingdeductions or re9uiring deposits is a recogni*ed one, or is necessary or desirable as determined by the"ecretary of &abor and 'mployment in appropriate rules and regulations.

ART. 11;. Liitations. - No deduction from the deposits of an employee for the actual amount of the loss or damageshall be made unless the employee has been heard thereon, and his responsibility has been clearly shown.

"ec 11. National


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:. +rohibition against withholding of wages

ART. 117. Wit''olding of wages and )ic)$ac)s pro'i$ited.- 0t shall be unlawful for any person, directly or indirectly, towithhold any amount from the wages of a worer or induce him to gi!e up any part of his wages by force, stealth,intimidation, threat or by any other means whatsoe!er without the worer=s consent.

;. +rohibition against deduction to ensure employment

ART. 11>. :eduction to ensure eploent. - 0t shall be unlawful to mae any deduction from the wages of anyemployee for the benefit of the employer or his representati!e or intermediary as consideration of a promise ofemployment or retention in employment.

7. +rohibition against retaliatory measures

ART. 118. Retaliator easures. - 0t shall be unlawful for an employer to refuse to pay or reduce the wages and benefits,discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceedingunder this Title or has testified or is about to testify in such proceedings.

>. +rohibition against false reporting

ART. 11#. !alse reporting. - 0t shall be unlawful for any person to mae any statement, report, or record filed or eptpursuant to the pro!isions of this 5ode nowing such statement, report or record to be false in any material respect.

8. +rohibiting against eeping of employee=s records in a place other than the worplace

rule 13/ "'5T0%N 11. +lace of records. ? All employment records of the employees shall be ept and maintained bythe employer in or about the premises of the wor place. The premises of a wor-place shall be understood to mean themain or branch office of the establishment, if any, depending upon where the employees are regularly assigned. Theeeping of the employee@s records in another place is prohibited.

Sout' @otorists vs ;osoc, 1/1 SCRA +/0


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#. prohibition against garnishmenteecution

Art. 1>38. The laborer@s wages shall not be sub6ect to eecution or attachment,ecept for debts incurred for food, shelter, clothing and medical attendance

aa vs CA, 1& SCRA +&!acts"aa was $uilding adin of ;rinit Building.

acts t'at 9urop'il ndustries considered as trespass upon its rig'ts" cutting off its electricit, reoving

its nae fro $uilding director, gate passes

writ of garnis'ent of aa(s salar, coission, andDor reuneration.

ssue" Won suc' writ of garnis'ent a $e e?ecuted*eld" esRatio"

1. anagerial or supervisor eploee" for planning, directing, controlling and coordinating t'e activities of all

'ouse)eeping personnel2. not a la$orer" anual and p'sical la$or+. wages vs salar" wages for anual la$or, s)illed or uns)illed, paid at stated ties, and easured $ da, wee),

ont' or season w'ile salar denotes a 'ig'er degree of eploent

'.


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;/ 5redits for the maing, repair, safeeeping or preser!ation of personal property, on the mo!able thus made, repaired, ept orpossessed

7/ 5laims for laborers@ wages, on the goods manufactured or the wor done

>/ or epenses of sal!age, upon the goods sal!aged

8/ 5redits between the landlord and the tenant, arising from the contract of tenancy on shares, on the share of each in the fruits orhar!est

#/ 5redits for transportation, upon the goods carried, for the price of the contract and incidental epenses, until their deli!ery and forthirty days thereafter

13/ 5redits for lodging and supplies usually furnished to tra!elers by hotel eepers, on the mo!ables belonging to the guest as long assuch mo!ables are in the hotel, but not for money loaned to the guests

11/ 5redits for seeds and epenses for culti!ation and har!est ad!anced to the debtor, upon the fruits har!ested

12/ 5redits for rent for one year, upon the personal property of the lessee eisting on the immo!able leased and on the fruits of thesame, but not on money or instruments of credit

1/ 5laims in fa!or of the depositor if the depositary has wrongfully sold the thing deposited, upon the price of the sale.

0n the foregoing cases, if the mo!ables to which the lien or preference attaches ha!e been wrongfully taen, the creditor may demandthem from any possessor, within thirty days from the unlawful sei*ure. 1#22a/

Art. 22:2.


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>/ ines and ci!il indemnification arising from a criminal offense

8/ &egal epenses, and epenses incurred in the administration of the insol!ent@s estate for the common interest of the creditors, whenproperly authori*ed and appro!ed by the court

#/ Taes and assessments due the national go!ernment, other than those mentioned in Articles 22:1, No. 1, and 22:2, No. 1

13/ Taes and assessments due any pro!ince, other than those referred to in Articles 22:1, No. 1, and 22:2, No. 1

11/ Taes and assessments due any city or municipality, other than those indicated in Articles 22:1, No. 1, and 22:2, No. 112/ $amages for death or personal in6uries caused by a 9uasi-delict

1/ 4ifts due to public and pri!ate institutions of charity or beneficence

1:/ 5redits which, without special pri!ilege, appear in a/ a public instrument orb/ in a final 6udgment, if they ha!e been the sub6ect of litigation. These credits shall ha!e preference among themsel!es in the order ofpriority of the dates of the instruments and of the 6udgments, respecti!ely. 1#2:a/

Phil Export vs CA, 251 SCRA 354Repu$lic vs #eralta, 1%& SCRA +7

F. WAGE RECOVERY/JURISDICTION

ART. 128. Eisitorial and enforceent power.- a/ The "ecretary of &abor and 'mployment or his duly authori*ed representati!es,including labor regulation officers, shall ha!e access to employer=s records and premises at any time of the day or night whene!er woris being undertaen therein, and the right to copy therefrom, to 9uestion any employee and in!estigate any fact, condition or matterwhich may be necessary to determine !iolations or which may aid in the enforcement of this 5ode and of any labor law, wage order orrules and regulations issued pursuant thereto.

(b otwithstanding the provisions of Articles 1%& and %1" of this )ode to the contrary, and in cases where the relationship of employer*employeestill e+ists, the Secretary of abor and -mployment or his duly authoried representatives shall have the power to issue compliance orders to give

effect to the labor standards provisions of this )ode and other labor legislation based on the findings of labor employment and enforcement officers or

industrial safety engineers made in the course of inspection. /he Secretary or his duly authoried representatives shall issue writs of e+ecution to the

appropriate authority for the enforcement of their orders, e+cept in cases where the employer contests the findings of the labor employment andenforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection. (As amended by

Republic Act o. ""0, 2une %, 1&&3.

An order issued by the duly authori*ed representati!e of the "ecretary of &abor and 'mployment under this Article may beappealed to the latter. 0n case said order in!ol!es a monetary award, an appeal by the employer may be perfected only uponthe posting of a cash or surety bond issued by a reputable bonding company duly accredited by the "ecretary of &abor and'mployment in the amount e9ui!alent to the monetary award in the order appealed from. As amended by Republic Act No.>>3, Gune 2, 1##:/.c/ The "ecretary of &abor and 'mployment may liewise order stoppage of wor or suspension of operations of any unit ordepartment of an establishment when non-compliance with the law or implementing rules and regulations poses gra!e andimminent danger to the health and safety of worers in the worplace.


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special deposit account by, and shall be paid on order of, the "ecretary of &abor and 'mployment or the Regional $irector directly to theemployee or househelper concerned. Any such sum not paid to the employee or househelper because he cannot be located afterdiligent and reasonable effort to locate him within a period of three / years, shall be held as a special fund of the $epartment of &aborand 'mployment to be used eclusi!ely for the amelioration and benefit of worers.

Any decision or resolution of the Regional $irector or hearing off icer pursuant to this pro!ision may be appealed on the samegrounds pro!ided in Article 22 of this 5ode, within fi!e ;/ calendar days from receipt of a copy of said decision or resolution,to the National &abor Relations 5ommission which shall resol!e the appeal within ten 13/ calendar days from the submissionof the last pleading re9uired or allowed under its rules.The "ecretary of &abor and 'mployment or his duly authori*ed representati!e may super!ise the payment of unpaid wagesand other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this

5ode. As amended by "ection 2, Republic Act No. 7>1;, Farch 21, 1#8#/.

ART. 21>. urisdiction of t'e La$or Ar$iters and t'e Coission. - a/ 'cept as otherwise pro!ided under this 5ode, the&abor Arbiters shall ha!e original and eclusi!e 6urisdiction to hear and decide, within thirty 3/ calendar days after thesubmission of the case by the parties for decision without etension, e!en in the absence of stenographic notes, the followingcases in!ol!ing all worers, whether agricultural or non-agricultural(

1. )nfair labor practice cases2. Termination disputes

. 0f accompanied with a claim for reinstatement, those cases that worers may file in!ol!ing wages, ratesof pay, hours of wor and other terms and conditions of employment:. 5laims for actual, moral, eemplary and other forms of damages arising from the employer-employeerelations;. 5ases arising from any !iolation of Article 27: of this 5ode, including 9uestions in!ol!ing the legality ofstries and locouts and7. 'cept claims for 'mployees 5ompensation, "ocial "ecurity, Fedicare and maternity benefits, all otherclaims arising from employer-employee relations, including those of persons in domestic or household

ser!ice, in!ol!ing an amount eceeding fi!e thousand pesos +;,333.33/ regardless of whetheraccompanied with a claim for reinstatement.b/ The 5ommission shall ha!e eclusi!e appellate 6urisdiction o!er all cases decided by &abor Arbiters.

c/ 5ases arising from the interpretation or implementation of collecti!e bargaining agreements and those arising from the interpretationor enforcement of company personnel policies shall be disposed of by the &abor Arbiter by referring the same to the grie!ancemachinery and !oluntary arbitration as may be pro!ided in said agreements. As amended by "ection #, Republic Act No. 7>1;, Farch21, 1#8#/.

ART. 111.Attorne(s fees.- a/ 0n cases of unlawful withholding of wages, the culpable party may be assessed attorney=sfees e9ui!alent to ten percent of the amount of wages reco!ered.

b/ 0t shall be unlawful for any person to demand or accept, in any 6udicial or administrati!e proceedings for the reco!eryof wages, attorney=s fees which eceed ten percent of the amount of wages reco!ered.

uico vs Sec of La$or, 2/ SCRA 007 5/6

Servando(s nc. vs Sec of La$or, 1/ SCRA 00 5&6

7. 1thFonth +ay- +$ 8;1

5ases(Arc'illes @anufacturing Corp vs NLRC, 22 SCRA 7%& 5%6Songco vs NLRC, 1/+ SCRA 01& 5&6Boie ;a)eda vs de la Serna, 22/ SCRA +2 5+6#'il :uplicators nc. vs NLRC, 21 SCRA +/& 5%6ran vs NLRC, 2/ SCRA ++ 5/6!raanlis !ars, nc vs @3L9, 171 SCRA /7 5/6

>. Donus

a. nature

Phil Dpli!ators

b. $efinition


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@anila Ban)ing Corp vs NLRC, 27 SCRA 0&2 576

5. Househelpers 5aregi!ers

1. 5o!erageART. 1:1. Coverage.- This 5hapter shall apply to all persons rendering ser!ices in households for compensation.

F:oestic or 'ouse'old serviceFshall mean ser!ice in the employer=s home which is usually necessary or desirable forthe maintenance and en6oyment thereof and includes ministering to the personal comfort and con!enience of themembers of the employer=s household, including ser!ices of family dri!ers

Apex "ining Co. vs #$RC, 1%& SCRA 2515andido performed laundry ser!ices at the staff house of company. Degan as piece rate worer then later was paid onmonthly basis.

3n :ec. 1/, 1/7, w'ile s'e was 'anging laundr, s'e fell on 'er $ac). S'e iediatel reported incident to dela Rosa,'er iediate supervisor w'o offered 'er 2t'ou t'en %t'ou for 'er to =uit 'er 4o$. S'e refused and preferred to return towor) $ut petitioner did not allow 'er to wor) and s'e was disissed.

#etitioner clais t'at Candido s'ould $e treated as a ere 'ouse'elper or doestic servant and not as a regulareploee.

ssue" W3N Candida was a 'ouse'older*eld" NoRatio"1. b/ The term househelper as used herein is synonymous to the term domestic ser!ant and shall refer to anyperson, whether male or female, who renders ser!ices in and about the employer@s home and which ser!ices are usuallynecessary or desirable for the maintenance and en6oyment thereof, and ministers eclusi!ely to the personal comfort anden6oyment of the employer@s family.

2. criteria" personal cofort and en4oent of t'e fail of t'e eploer in t'e 'oe of said eploer

separation pa granted. Reinstateent no longer possi$le.

2. Non-Household 7;;, August 1#, 1##/.

ART. 1::. @iniu cas' wage. - The minimum wage rates prescribed under this 5hapter shall be the basic cash wageswhich shall be paid to the househelpers in addition to lodging, food and medical attendance.


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ART. 1:;.Assignent to non-'ouse'old wor).- No househelper shall be assigned to wor in a commercial, industrial oragricultural enterprise at a wage or salary rate lower than that pro!ided for agricultural or non-agricultural worers asprescribed herein.

ART. 1:7. 3pportunit for education.- 0f the househelper is under the age of eighteen 18/ years, the employer shall gi!ehim or her an opportunity for at least elementary education. The cost of education shall be part of the househelper=scompensation, unless there is a stipulation to the contrary.

ART. 1:>. ;reatent of 'ouse'elpers. - The employer shall treat the househelper in a 6ust and humane manner. 0n nocase shall physical !iolence be used upon the househelper.

ART. 1:8. Board, lodging, and edical attendance. - The employer shall furnish the househelper, free of charge, suitableand sanitary li!ing 9uarters as well as ade9uate food and medical attendance.

ART. 1:#. ndenit for un4ust terination of services. - 0f the period of household ser!ice is fied, neither the employernor the househelper may terminate the contract before the epiration of the term, ecept for a 6ust cause. 0f thehousehelper is un6ustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen 1;/days by way of indemnity.

0f the househelper lea!es without 6ustifiable reason, he or she shall forfeit any unpaid salary due him or her noteceeding fifteen 1;/ days.

ART. 1;3. Service of terination notice.- 0f the duration of the household ser!ice is not determined either in stipulation or

by the nature of the ser!ice, the employer or the househelper may gi!e notice to put an end to the relationship fi!e ;/days before the intended termination of the ser!ice.

ART. 1;1. 9ploent certification.- )pon the se!erance of the household ser!ice relation, the employer shall gi!e thehousehelper a written statement of the nature and duration of the ser!ice and his or her efficiency and conduct ashousehelper.

ART. 1;2. 9ploent record.- The employer may eep such records as he may deem necessary to reflect the actualterms and conditions of employment of his househelper, which the latter shall authenticate by signature or thumbmarupon re9uest of the employer.

Civil Code #rovisionsArt. 178#. Household ser!ice shall always be reasonably compensated. Any stipulation that household ser!ice is withoutcompensation shall be !oid. "uch compensation shall be in addition to the house helper@s lodging, food, andmedical attendance.

Art. 17#3. The head of the family shall furnish, free of charge, to the house helper, suitable and sanitary 9uarters as wellas ade9uate food and medical attendance.

Art. 17#1. 0f the house helper is under the age of eighteen years, the head of the family shall gi!e an opportunity to thehouse helper for at least elementary education. The cost of such education shall be a part of the house helper@scompensation, unless there is a stipulation to the contrary.

Art. 17#2. No contract for household ser!ice shall last for more than two years. Howe!er, such contract may be renewedfrom year to year.

Art. 17#. The house helper@s clothes shall be sub6ect to stipulation. Howe!er, any contract for household ser!ice shallbe !oid if thereby the house helper cannot afford to ac9uire suitable clothing.

Art. 17#:. The head of the family shall treat the house helper in a 6ust and humane manner. 0n no case shall physical

!iolence be used upon the house helper.

Art. 17#;. House helper shall not be re9uired to wor more than ten hours a day.

'!ery house helper shall be allowed four days@ !acation each month, with pay.

Art. 17#7. 0n case of death of the house helper, the head of the family shall bear the funeral epenses if the house helperhas no relati!es in the place where the head of the family li!es, with sufficient means therefor.

Art. 17#>. 0f the period for household ser!ice is fied neither the head of the family nor the house helper may terminatethe contract before the epiration of the term, ecept for a 6ust cause. 0f the house helper is un6ustly dismissed, he shall


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be paid the compensation already earned plus that for fifteen days by way of indemnity. 0f the house helper lea!eswithout 6ustifiable reason, he shallforfeit any salary due him and unpaid, for not eceeding fifteen days.

Art. 17#8. 0f the duration of the household ser!ice is not determined either by stipulation or by the nature of the ser!ice,the head of the family or the house helper may gi!e notice to put an end to the ser!ice relation, according to the followingrules(

1/ 0f the compensation is paid by the day, notice may be gi!en on any day that the ser!ice shall end at the close of thefollowing day

2/ 0f the compensation is paid by the wee, notice may be gi!en, at the latest on the first business day of the wee, thatthe ser!ice shall be terminated at the end of the se!enth day from the beginning of the wee / 0f the compensation ispaid by the month, notice may be gi!en, at the latest, on the fifth day of the month, that the ser!ice shall cease at theend of the month.Art. 17##. )pon the etinguishment of the ser!ice relation, the house helper may demand from the head of the family awritten statement on the nature and duration of the ser!ice and the efficiency and conduct of the house helper.

:. *oewor)ers

1. 5o!erage and Regulation

ART. 1;. Regulation of industrial 'oewor)ers.- The employment of industrial homeworers and field personnel shall

be regulated by the go!ernment through the appropriate regulations issued by the "ecretary of &abor and 'mployment toensure the general welfare and protection of homeworers and field personnel and the industries employing them.

ART. 1;:. Regulations of Secretar of La$or. - The regulations or orders to be issued pursuant to this 5hapter shall bedesigned to assure the minimum terms and conditions of employment applicable to the industrial homeworers or fieldpersonnel in!ol!ed.

ART. 1;;. :istri$ution of 'oewor). - or purposes of this 5hapter, the FeploerFof homeworers includes any person,natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly orindirectly, or through an employee, agent contractor, sub-contractor or any other person(

1/ $eli!ers, or causes to be deli!ered, any goods, articles or materials to be processed or fabricated in or abouta home and thereafter to be returned or to be disposed of or distributed in accordance with his directions or

2/ "ells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys

them after such processing or fabrication, either by himself or through some other person.

:epartent 3rder No. %, :3L9, !e$ruar , 12

"'5T0%N 1. 4eneral statement on co!erage. ? This Rule shall apply to any person who performs industrialhomewor for an employer, contractor or sub-contractor.

2. $efinition- "ec 2, $% N% ;"'5T0%N 2. $efinitions. ? As used in this Rule, the following terms shall ha!e the meanings indicated hereunder(a/ 0ndustrial Homewor is a system of production under which wor for an employer or contractor is carried outby a homewor at hisher home. Faterials may or may not be furnished by the employer or contractor. cdphil0t differs from regular factory production principally in that, it is a decentrali*ed form of production where there is ordinarily!ery little super!ision or regulation of methods of wor.

b/ 0ndustrial Homeworer means a worer who is engaged in industrial homewor.

c/ Home means any room, house, apartment or other premises used regularly, in whole or in part, as dwellingplace, ecept those situated within the premises or compound of an employer, contractor or subcontractor and the worperformed therein is under the acti!e or personal super!ision by or for the latter.

d/ 'mployer means any natural or artificial person who, for his own account or benefit, or on behalf of any personresiding outside the +hilippines, directly or indirectly, or through any employee, agent, contractor, subcontractor, or anyother person(

1/ deli!ers or causes to be deli!ered any goods, articles or materials to be processed or fabricated in or about ahome and thereafter to be returned or to be disposed of or distributed in accordance with his direction or


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2/ sells any goods, articles or materials for the purpose of ha!ing such goods or articles processed in or about ahome and then repurchases them himself or through another after such processing.

e/ 5ontractor or subcontractor means any person who, for the account or benefit of an employer, deli!ers orcauses to be deli!ered to a homeworer goods or articles to be processed in or about his home and thereafter to bereturned, disposed of or distributed in accordance with the direction of the employer.

f/ +rocessing means manufacturing, fabricating, finishing, repairing, altering, pacing, wrapping or handling inany way connected with the production or preparation of an article or material.

g/ 5ooperati!e is an association registered under the 5ooperati!e 5ode of the +hilippines.

h/ $epartment means the $epartment of &abor and 'mployment.

. registration- "ec : and ;

"'5T0%N :. Registration of Homeworers@ %rgani*ation. ? Any applicant homeworer organi*ation or associationshall ac9uire legal personality, and shall be entitled to the rights and pri!ileges granted by law to legitimate labororgani*ations upon issuance of the certificate of registration based on the following re9uirements(

a/ ifty-fi!e +esos +;;.33/ registration fee

b/ The names of its officers, their addresses, the principal address of the homeworers organi*ation, the minutesof the organi*ational meetings and the list of worers who participated in such meetings

c/ The names of all its members comprising at least 23 percent of all the worers in the bargaining unit where itsees to operate, if applicable

d/ 0f the applicant has been in eistence for one or more years, copies of its annual financial reports and

e/ our copies of the constitution and by-laws of the applicant organi*ation, the minutes of its adoption orratification and the list of members who participated in it.

"'5T0%N ;. Registration of 'mployer, 5ontractor and "ubcontractor. ? The $epartment shall, as soon as possible, conductconsultation meetings with go!ernment agencies re9uiring registration of employers and determine if the data being supplied by theregistration forms of such agencies are the same as or similar those needed by the $epartment in the implementation of thisregulations. 0f the registration forms of other agencies do not pro!ide the data needed by $%&', it shall in9uire into the possibility ofadopting a common registration form with other agencies that will pro!ide the data needed by all the agencies concerned.

:. 5onditions of 'mployment $eductions- "ec >-#

"'5T0%N >. "tandard rates. ? At the initiati!e of the $epartment or upon petition of any interested party, the"ecretary of &abor and 'mployment or his authori*ed representati!e shall establish the standard output rate or standardminimum rate in appropriate orders for the particular wor or processing to be performed by the homeworers.The standard output rates or piece rates shall be determined through any of the following procedures(

a/ time and motion studiesb/ an indi!idualcollecti!e agreement between the employer and its worers as appro!ed by the "ecretary or hisauthori*ed representati!e

c/ consultation with representati!es of employers and worers organi*ations in a tripartite conference called by the"ecretary.

The time and motion studies shall be undertaen by the Regional %ffice ha!ing 6urisdiction o!er the location of thepremises used regularly by the homeworers. Howe!er, where the 6ob operation or acti!ity is being liewise performedby regular factory worers at the factory or premises if the employer, the time and motion studies shall be conducted bythe Regional %ffice ha!ing 6urisdiction o!er the location of the main undertaing or business of the employer. +iece ratesestablished through time and motion studies conducted at the factory or main undertaing of the employer shall beapplicable to the homeworers performing the same 6ob acti!ity. The standard piece rate shall be issued by the Regional%ffice within one month after a re9uest has been made at said office.


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)pon re9uest of the Regional %ffice, the Dureau of


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c/ The ser!ices of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and aninfirmary or emergency hospital with one bed capacity for e!ery one hundred 133/ employees when thenumber of employees eceeds three hundred 33/.

0n cases of ha*ardous worplaces, no employer shall engage the ser!ices of a physician or a dentist whocannot stay in the premises of the establishment for at least two 2/ hours, in the case of those engaged onpart-time basis, and not less than eight 8/ hours, in the case of those employed on full-time basis.


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which are usually necessary or desirable in the usual business or trade of the employer ecept where the employmenthas been fied for a specific pro6ect or undertaing the completion or termination of which has been determined at thetime of the engagement of the employee or where the wor or ser!ice to be performed is seasonal in nature and theemployment is for the duration of the season.

b/ 'mployment shall be deemed as casual in nature if it is not co!ered by the preceding paragraph +ro!ided, That anyemployee who has rendered at least one year of ser!ice, whether such ser!ice is continuous or not, shall be considereda regular employee with respect to the acti!ity in which he is employed and his employment shall continue while suchacti!ity eists.

c/ An employee who is allowed to wor after a probationary period shall be considered a regular employee.

"'5T0%N 7. +robationary employment. ? a/


15/87


16/87

After which period, her employment was terminated. "he filed a complaint for illegal dismissal but &A dismissed the same for lac of merit.

N&R5 re!ersed M directed +550 to reinstate Abril to position of Regional ield %fficer.

+550 appealed.

+SSE0


17/87

The law demands that the nature M entirety of the acti!ities performed by the employee be considered. urthermore, the petitioner performed his wor of painting M maintenance acti!ities during his employment whichlasted for more than 1 year, until early Gan., 1#8 when he demanded to be regulari*ed but was dismissed.

The fact that he was rehired wees after shows that it can not be denied that his acti!ities as regular painter Mmaintenance man still eist.

What 'eterines hether a !ertain eplo*ent is reglar or !asal is not the ill or' o) eplo*er tohi!h the 'esperate orer o)ten a!!e'es nor the pro!e're o) hiring or anner o) pa*ent o) salar*. +t is

the natre o) the a!tivities per)ore' in relation to the parti!lar bsiness or tra'e !onsi'ering all!ir!stan!es, in soe !ases the length o) tie o) its per)oran!e its !ontine' existen!e.There was anob!ious de!ious dismissal of $e &eon to e!ade the obligations of petitioner to the worer.

Petitin (ranted.

Vileta !" N#RC$ )&*

Cioleta M Dalta*ar were former employees of $asmariJas 0ndustrial M "teelwors 5orp. $0"5/. Cioleta was hiredby $0"5 as 'rector 00 for +hilphos pro6ect M was subse9uently reassigned to the same position in the ; "tand T5F+ro6ect


18/87

A. Regular employees

283, 1stpar.The pro!isions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties,an employment shall be deemed to be regular where the employee has been engaged to perform acti!ities which areusually necessary or desirable in the usual business or trade of the employer, ecept where the employment has beenfied for a specific pro6ect or undertaing the completion or termination of which has been determined at the time of theengagement of the employee or where the wor or ser!ice to be performed is seasonal in nature and the employment isfor the duration of the season.

283, 2ndparagraphAn employment shall be deemed to be casual if it is not co!ered by the preceding paragraph( +ro!ided, That anyemployee who has rendered at least one year of ser!ice, whether such ser!ice is continuous or broen, shall beconsidered a regular employee with respect to the acti!ity in which he is employed and his employment shall continuewhile such acti!ity eists.

281, last sentenceAn employee who is allowed to wor after a probationary period shall be considered a regular employee.

>;d/ &earnership agreementd/ A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. Alllearners who ha!e been allowed or suffered to wor during the first two 2/ months shall be deemed regular employees iftraining is terminated by the employer before the end of the stipulated period through no fault of the learners.

The learnership agreement shall be sub6ect to inspection by the "ecretary of &abor and 'mployment or his dulyauthori*ed representati!e.

Doo 7, Rule 1."ec ; a.The pro!isions of written agreements to the contrary notwithstanding and regardless of the oral agreements of theparties, an employment shall be considered to be regular employment for purposes of Doo C0 of the &abor 5ode wherethe employee has been engaged to perform acti!ities which are usually necessary or desirable in the usual business ortrade of the employer ecept where the employment has been fied for a specific pro6ect or undertaing the completionor termination of which has been determined at the time of the engagement of the employee or where the wor or ser!ice

to be performed is seasonal in nature and the employment is for the duration of the season.

b/ 'mployment shall be deemed as casual in nature if it is not co!ered by the preceding paragraph +ro!ided, That anyemployee who has rendered at least one year of ser!ice, whether such ser!ice is continuous or not, shall be considereda regular employee with respect to the acti!ity in which he is employed and his employment shall continue while suchacti!ity eists.

"'5T0%N 7. +robationary employment. ? a/


19/87

+etitioners were employed by Hi-&ine Timber, 0nc starting from eb-Fay 87. They were all recei!ing their salariesM were re9uired to wor >dayswee inc. rest days, holidays ecept 5hristmas M 4ood riday. They were not gi!ingli!ing allowance, o!ertime M premium pay M on Gune =8> they were not allowed to wor M instead were informed thattheir ser!ices were no longer needed.

Hi-&ine, on the other hand, denied the eistence of the employer-employee relationship bet. The company M thepetitioners claiming that the latter are under the employ of an independent contractor.

Hi-&ine claimed that 'cal was an independent contractor as the latter chooses the worers and not Hi-&ine. Also,they were not included in the payroll but a lump sum money was gi!en to 'cal e!ery : days.

&A dismissed the complaint for illegal dismissal M ruled that there was no employer-employee relationship bet. theparties.

%n appeal, N&R5 affirmed the decision.

+SSE0#.

%n Guly =#1, company through "alera issued a memorandum which too note of the fact that petitioners were notworing and in connection with this, pro6ect in-charge was instructed to mae petitioners report to the office to settletheir salaries as "alera would not lie to see them in the pro6ect anymore lest they stay in the worer=s 9uarters."alera also deemed them absent M canceled their name in the daily time record.

0n defense, petitioners allege that their non-woring was made in protest of the undue delay in the payment oftheir salaries. They also construed the memorandum as a termination order. They then filed w $%&' a complaint forillegal dismissal M non-payment of salaries.

&A ruled in fa!or of petitioners and upon appeal by $atu M 5o., N&R5 affirmed the decision M added the grant ofbacwages in addition to separation pay.

0"")'(


20/87

Held( N%

Ratio(

0t cannot be denied that they had been performing acti!ities which were necessary or desirable in theconstruction business of petitioner. Respondents were hired as plumbers for more than a decade by petitioner.There was no e!idence that respondent=s employment was fied for only a specific pro6ect.

0n fact, they were assigned from 1 pro6ect to another for a period of 12 years wo any appreciable gap betweenthe last pro6ect M the succeeding one.

-This fact argues persuasi!ely for the eistence of a wor pool in the petitioner=s establishment from which thecompany drew its pro6ect employees among whom were the respondents.- it is also ob!ious that they were not hired in connection w a particular pro6ect because if this were so, thecompletion of the pro6ect would necessarily ha!e the effect of terminating their ser!ices automatically.

%n the issue of bacwages, although respondents failed to claim them in their complaint, this is only a procedural lapsewhich cannot defeat a right which is granted to them under a substanti!e law as such they are still entitled to recei!ebacwages including their separation pay in lieu of reinstatement.

In"-lar #ie !" N#RC$ )&'0nsular and +antaleon de los Reyes entered into an agency contract authori*ing the latter to solicit applications for lifeinsurance and annuities for which he would be paid compensation in the form of commission. 5ontract stipulated thatthere would be no '' relationship between them.

&ater, they entered into another contract where Reyes was appointed as Acting )nit manager under its officeS5'D)

$"% C. recruitment, training, organi*ation and de!elopment of underwriters

super!ise the wors of these underwriters

contract( acting unit manager and the agents of his unit to the company shall be that of independent contractor.

$e los Reyes wored concurrently as agent and acting unit manager until he was notified that his ser!ices wereterminated.

0ssue(


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2. contracts( as pro6ect employees but were renewed e!ery months?successi!e contracts where theyperformed same ind of wor maes it clear that they were performing necessary and desirable tass.

. also( if they were pro6ect employees, employer should ha!e submitted report of termination to +)D&05'F+&%EF'NT %05' e!ery time their employment was terminated due to completion of each constructionpro6ect

2. etended period

8oas $ao Constr!tion vs #$RC, 7%-acts(5omplainants were construction worers in different capacities for the &ao group of 5ompanies(

T&5( Tomas &ao 5orporation

TMG( Thomas and Games $e!elopers

&CF( &CF 5onstruction 5orporation

* construction of public roads and bridges* each would allow the utili*ation of their employees by the other 2.

"oon after, T&5 ceased operation so Andres &ao issued a memo re9uiring all worers to sign employment contractforms and clearances.


22/87

which shall be final and eecutory.

7>. 'haustion of administrati!e remediesDefore a person may institute any action

for the enforcement of any apprenticeship agreement or damages for breach of any such agreement

"ee also( 5hild Abuse &aw of 1##2 as amended by RA >7;8

"ection 12. 'mployment of 5hildren- 5hildren below 1; years old shall not be employed ecept(

1. when a child wors directly under the sole responsibility of his parents or legal guardian and where onlymembers of the employer=s family are employed. +R%C0$'$, H%#.


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a. disabled persons- those suffering from restriction or different abilities, as a result of a mental, physical or sensoryimpairment, to perform an acti!ity in the manner or within the range considered normal for a human being

b. impairment- any loss, diminution or aberration of psychological, physiological or anatomical structure or function

c. disability- shall mean1. physical or mental impairment that substantially limits one or more psychological, physiological or anatomicalfunction of an indi!idual or acti!ities of such indi!idual

2. a record of such an impairment or

. being regarded as ha!ing such an impairment

d. handicap- refers to a disad!antage for a gi!en indi!idual resulting from an impairment or a disability that limits orpre!ents the function or acti!ity, that is considered normal gi!en the age and se of the indi!idual

2. +olicy declaration

"ection 2.

. 5o!erage

all disabled persons

and to the etent herein pro!ided

departments offices and agencies of the National 4o!ernment N4%s

0n!ol!ed in the attainment of the ob6ecti!es of this Act.

:. Rights and +ri!ileges

"ection ;. '9ual %pportunity for 'mploymentNo disabled person shall be denied access to opportunities for suitable employment. A 9ualified disabled

employee shall be sub6ect to the same terms and conditions of employment and the same compensation, pri!ileges,benefits, fringe benefits, incenti!es or allowances as a 9ualified able bodied person.

Bernardo vs NLRC G !9B;C, +1& SCRA 1/0 56Nature( "pecial 5i!il Action in the "upreme 5ourt. 5ertiorariacts(

: deaf mutes were hired by ar 'ast Dan and Trust 5o as Foney "orters and 5ounters. &ater, they weredismissed from their positions and ban reasoned that since they were not regular employees, their complaint for illegaldismissal does not ha!e merit.

0ssue( employees who wored for more than 7 months and whose contracts were renewed

Ratio(

tass were necessary and desirable to the business of respondent ban test( de &eon !s N&R5/ Test( &T $atu !s N&R5( employee is regular because of the nature of wor and the length of ser!ice, not

because of the mode or e!en the reason for hiring them/

remo!ed under Article 83 co* it was shown that they were 9ualified to perform the responsibilities of theirpositions

when ban renewed contract after lapse of 7-month probationary period, the employees became regular

employees Drent "chool !s Lamora- NA co* they were 9ualified

Dac wages and separation fee

4. Con'itions o) Eplo*ent

A. H%)R" %


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acts("ome 3 watchmen were hired by the Fanila Terminal 5ompany 0nc on 12-hour shifts. This was pursuant to

their assumption of arrastre ser!ice in some of the piers in Fanila=s +ort Area at the re9uest and under the control of the)" Army.

Howe!er, worers were not properly granted o!ertime pay as is re9uired by sections and ; of 5A ::: and the'ight-Hour &aw.

0ssue(


25/87

0ssue(


26/87

1thmonth pay no 2 of 1thmonth pay law/

o!ertime pay2>7. 4o!ernment employees

The terms and conditions of employment of all go!ernment employees, including employees of 4%55, shall bego!erned by the 5i!il "er!ice &aw, rules and regulations.

Their salaries shall be standardi*ed by the National Assembly as pro!ided for in the New 5onstitution. Howe!er,there shall be no reduction of eisting wages, benefits and other terms and conditions of employment being en6oyed by

them at the time of the adoption of the 5ode.

Doo Rule 1. Hours of


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8. The normal hours of any employee shall not eceed 8 hours a day.

Health personnel in cities and municipalities with a population of at least 1F or in hospitals and clinics with abed capacity of at least 133

shall hold regular office hours for 8 hours a day

for ; days a wee

eclusi!e of time for meals

ecept where the eigencies of the ser!ice re9uire that such personnel wor for 7 days or :8 hours

* in which case they shall be entitled to an additional compensation of at least 3K of theirregular wage for wor on the 7thday.

or purposes of this article, health personnel shall include(

resident physicians

nurses

nutritionists

dietitians

pharmacists

social worers

lab technicians

paramedical technicians

psychologists

midwi!es

attendants

and all other hospital or clinic personnel

:. 5ompensable Hours of , 2ndpar.Rest periods or coffee breas running from ; to 23 minutes shall be considered as 5ompensable woring time.


28/87

ii. Fore than 23 min.

Doo , Rule 1, "ec :b/An employee need not lea!e the premises of the worplace in order that his rest period shall not be counted, it

being enough that he stops woring, ay rest completely and may lea!e his worplace, to go elsewhere, whether within oroutside the premises of his worplace.

b. meal period

i. %ne Hour-

8;. Feal periods"ub6ect to such regulations as the "ec of &abor may prescribe, it shall be the duty of e!ery employer to gi!e his

employees not less than 73 minutes time-off for their regular meals.

Doo , Rule 1, "ec >, 1stpar.'!ery employer shall gi!e his employees, regardless of se, not less than 1 hour time-off for regular meals,

ecept in the following cases when a meal period of not less than 23 minutes may be gi!en by the employer pro!idedthat such shorter meal period is credited as compensable hours wored of the employee(

a. where the wor is non-manual wor in nature or does not in!ol!e strenuous physical eertion

b. when the establishment regularly operates not less than 17 hours a day

c. in cases of actual or impending emergencies or there is urgent wor to be performed on machineries, e9uipmentor installations to a!oid serious loss which the employer would otherwise suffer and

d. where the wor is necessary to pre!ent serious loss of perishable goods.

5hilippine Airlines vs R), 0% S)RA #'% (&&

Nature( "pecial 5i!il Action in the "5. certiorariacts(

$r. Herminio abros ser!ed as flight surgeon of +al Fedical 5linic at Nichols and was on duty from : pm to 12midnight.

ebruary 1>, 1##: at around > pm( he left post and went home to ha!e dinner. +A& cargo "er!ices employee,

Acosta suffered a heart attac so nurse 'usebio called abros about emergency. (;1, 'usebio had already left with patient. +atient died the net day.

abros was suspended for months.

0ssue(


29/87

c. in cases of actual or impending emergencies or there is urgent wor to be performed on machineries, e9uipmentor installations to a!oid serious loss which the employer would otherwise suffer and

d. where the wor is necessary to pre!ent serious loss of perishable goods.

c. waiting time

Doo , Rule 1, "ec ; a/


30/87

Nature( "pecial 5i!il Action for certiorari to re!iew the decision of the N&R5acts(

+etitioner was hired by +hilnor 5onsultants and +lanners, 0nc as dri!er for the construction super!ision phaseof the Fanila North 'pressway 'tension, 2nd"tage from Guly 1, 1#>> to $ecember 1, 1#8;/.

0llegally dismissed and that he was not paid o!ertime pay although he was made to render hours o!ertimewor for a period of years(V time used to and from his residence to the pro6ect site from ;(3-> and from :-7 pm( to pic up employees and dri!ethem to site.

0ssue(


31/87

b. 'mployees of public utility enterprise as well as those employed in non-profit institutions and organi*ation shall beentitled to(

the premium and o!ertime pay pro!ided herein

unless they are specifically ecluded from the co!erage of this Rule as pro!ided in "ection 2 hereof

c. The payment of additional compensation for wor performed on regular holidays shall be go!erned by Rule :, Doo ,of these Rules.

"ection 13. 5ompulsory o!ertime wor

a. warlocal or national emergencyb. necessary to pre!ent loss of life or property or in case of imminent danger to public safetyc. there is urgent wor to be performed on machinesXd. necessary to pre!ent loss or damage of perishable goodse. when the completion of continuation of wor started before the 8 th hour is necessary to pre!ent serious

obstruction r pre6udice to the business or operations of the employerf. when the o!ertime wor is necessary to a!ail of fa!orable weather or en!ironmental conditions where

performance or 9uality of wor is dependent thereon

0n cases not falling within any of these enumerated in this section, no employee may be made to wor beyond 8hours a day against his will.

"ection 11. 5omputation of additional compensationRegular wage shall include(

cash wage only

without deduction on account of facilities pro!ided by the employer

-ngineering -8uipment 4nc vs $inister of abor, 10' S)RA !1!

ature7 5etition to review the resolution of the $inister of abor

acts(Figuel Aspera wored as mechanical engineer in "audi Arabia.


32/87

"ection 2. Night shift differentialAn employee shall be paid night shift differential of no less than 13K of his regular wage for each hour of wor

performed between 13 pm-7 am.

"ection . Additional compensation


33/87

0C. Termination of 'mploymentReferences(Article 1, "ection

ART. 282. ;erination $ eploer.- An employer may terminate an employment for any of the following causes(

a/ "erious misconduct or willful disobedience by the employee of the lawful orders of his employer or representati!e inconnection with his wor

b/ 4ross and habitual neglect by the employee of his duties

c/ raud or willful breach by the employee of the trust reposed in him by his employer or duly authori*ed representati!e

d/ 5ommission of a crime or offense by the employee against the person of his employer or any immediate member ofhis family or his duly authori*ed representati!es and

e/ %ther causes analogous to the foregoing.

ART. 28.Closure of esta$lis'ent and reduction of personnel.- The employer may also terminate the employment ofany employee due to the installation of labor-sa!ing de!ices, redundancy, retrenchment to pre!ent losses or the closingor cessation of operation of the establishment or undertaing unless the closing is for the purpose of circum!enting the

pro!isions of this Title, by ser!ing a written notice on the worers and the Finistry of &abor and 'mployment at least one1/ month before the intended date thereof. 0n case of termination due to the installation of labor-sa!ing de!ices orredundancy, the worer affected thereby shall be entitled to a separation pay e9ui!alent to at least his one 1/ month payor to at least one 1/ month pay for e!ery year of ser!ice, whiche!er is higher. 0n case of retrenchment to pre!ent lossesand in cases of closures or cessation of operations of establishment or undertaing not due to serious business losses orfinancial re!erses, the separation pay shall be e9ui!alent to one 1/ month pay or at least one-half 12/ month pay fore!ery year of ser!ice, whiche!er is higher. A fraction of at least si 7/ months shall be considered one 1/ whole year.

ART. 28:. :isease as ground for terination.- An employer may terminate the ser!ices of an employee who has beenfound to be suffering from any disease and whose continued employment is prohibited by law or is pre6udicial to hishealth as well as to the health of his co-employees( +ro!ided, That he is paid separation pay e9ui!alent to at least one1/ month salary or to one-half 12/ month salary for e!ery year of ser!ice, whiche!er is greater, a fraction of at least si7/ months being considered as one 1/ whole year.

ART. 28;. ;erination $ eploee. - a/ An employee may terminate without 6ust cause the employee-employer

relationship by ser!ing a written notice on the employer at least one 1/ month in ad!ance. The employer upon whom nosuch notice was ser!ed may hold the employee liable for damages.

b/ An employee may put an end to the relationship without ser!ing any notice on the employer for any of the following6ust causes(

1. "erious insult by the employer or his representati!e on the honor and person of the employee

2. 0nhuman and unbearable treatment accorded the employee by the employer or his representati!e

. 5ommission of a crime or offense by the employer or his representati!e against the person of the employee or any ofthe immediate members of his family and

:. %ther causes analogous to any of the foregoing.

ART. 287.W'en eploent not deeed terinated. - The $ona-fidesuspension of the operation of a business orundertaing for a period not eceeding si 7/ months, or the fulfillment by the employee of a military or ci!ic duty shallnot terminate employment. 0n all such cases, the employer shall reinstate the employee to his former position withoutloss of seniority rights if he indicates his desire to resume his wor not later than one 1/ month from the resumption ofoperations of his employer or from his relief from the military or ci!ic duty.

b/ "ub6ect to the constitutional right of worers to security of tenure and their right to be protected againstdismissal ecept for a 6ust and authori*ed cause and without pre6udice to the re9uirement of notice under Article28 of this 5ode, the employer shall furnish the worer whose employment is sought to be terminated a writtennotice containing a statement of the causes for termination and shall afford the latter ample opportunity to beheard and to defend himself with the assistance of his representati!e if he so desires in accordance with


34/87

company rules and regulations promulgated pursuant to guidelines set by the $epartment of &abor and'mployment. Any decision taen by the employer shall be without pre6udice to the right of the worer to contestthe !alidity or legality of his dismissal by filing a complaint with the regional branch of the National &aborRelations 5ommission. The burden of pro!ing that the termination was for a !alid or authori*ed cause shall reston the employer. The "ecretary of the $epartment of &abor and 'mployment may suspend the effects of thetermination pending resolution of the dispute in the e!ent of apria facie finding by the appropriate official ofthe $epartment of &abor and 'mployment before whom such dispute is pending that the termination may causea serious labor dispute or is in implementation of a mass lay-off. As amended by "ection , Republic Act No.7>1;, Farch 21, 1#8#/.

Doo 7, Rule 1

"'5T0%N >. Termination of employment by employer. ? The 6ust causes for terminating the ser!ices of an employeeshall be those pro!ided in Article 28 of the 5ode. The separation from wor of an employee for a 6ust cause does notentitle him to the termination pay pro!ided in the 5ode, without pre6udice, howe!er, to whate!er rights, benefits, andpri!ileges he may ha!e under the applicable indi!idual or collecti!e agreement with the employer or !oluntary employerpolicy or practice.

"'5T0%N 8. $isease as a ground for dismissal. ?


35/87

c/ This "ection shall apply where the employee retires at the age of sity 73/ years or older.

R$E ;+Termination of 'mployment"'5T0%N 1. "ecurity of tenure and due process. ? No worers shall be dismissed ecept for a 6ust or authori*ed causepro!ided by law and after due process.

"'5T0%N 2. Notice of dismissal. ? Any employer who sees to dismiss a worer shall furnish him a written noticestating the particular acts or omission constituting the grounds for his dismissal. 0n cases of abandonment of wor, thenotice shall be ser!ed at the worer@s last nown address.

"'5T0%N . +re!enti!e suspension. ? The employer may place the worer concerned under pre!enti!e suspension ifhis continued employment poses a serious and imminent threat to the life or property of the employer or of his co-worers.

"'5T0%N :. +eriod of suspension. ? No pre!enti!e suspension shall last longer than 3 days. The employer shallthereafter reinstate the worer in his former or in a substantially e9ui!alent position or the employer may etend theperiod of suspension pro!ided that during the period of etension, he pays the wages and other benefits due to theworer. 0n such case, the worer shall not be bound to reimburse the amount paid to him during the etension if theemployer decides, after completion of the hearing, to dismiss the worer.

"'5T0%N ;. Answer and hearing. ? The worer may answer the allegations stated against him in the notice of dismissal

within a reasonable period from receipt of such notice. The employer shall afford the worer ample opportunity to beheard and to defend himself with the assistance of his representati!e, if he so desires.

"'5T0%N 7. $ecision to dismiss. ? The employer shall immediately notify a worer in writing of a decision to dismisshim stating clearly the reasons therefor.

"'5T0%N >. Right to contest dismissal. ? Any decision taen by the employer shall be without pre6udice to the right ofthe worer to contest the !alidity or legality of his dismissal by filing a complaint with the Regional Dranch of the5ommission.

"'5T0%N 8. +eriod to decide. ? 5ases in!ol!ing the dismissal of a worer shall be decided by the &abor Arbiter within23 woring days from the date of submission of such cases for decision.

"'5T0%N #. Reinstatement pending hearing. ? The "ecretary may suspend the effects of the termination pendingresolution of the case in the e!ent of a prima facie finding that the termination may cause a serious labor dispute or is in

implementation of a mass lay-off.

"'5T0%N 13. 5ertification of employment. ? A dismissed worer shall be entitled to recei!e, on re9uest, a certificatefrom the employer specifying the dates of his engagement and termination of his employment and the type or types ofwor on which he is employed.

"'5T0%N 11. Report of dismissal. ? The employer shall submit a monthly report to the Regional %ffice ha!ing6urisdiction o!er the place of wor all dismissals effected by him during the month, specifying therein the names of thedismissed worers, the reasons for their dismissal, the date of commencement and termination of employment, thepositions last held by them and such other information as may be re9uired by the $epartment for policy guidance andstatistical purposes

A. 4eneral 5oncepts

1. 5o!erage

ART. 2>8. Coverage.- The pro!isions of this Title shall apply to all establishments or undertaings, whether for profit ornot.

2. "ecurity of tenure

ART. 2>#.Securit of tenure.- 0n cases of regular employment, the employer shall not terminate the ser!ices of anemployee ecept for a 6ust cause or when authori*ed by this Title. An employee who is un6ustly dismissed from worshall be entitled to reinstatement without loss of seniority rights and other pri!ileges and to his full bacwages, inclusi!e


36/87

of allowances, and to his other benefits or their monetary e9ui!alent computed from the time his compensation waswithheld from him up to the time of his actual reinstatement. As amended by "ection :, Republic Act No. 7>1;, Farch21, 1#8#/.

5ondo "uite 5lub Tra!el 0nc !s N&R5, Gan 28, 2333acts(

+ri!ate respondent was first employed as houseeeper by "unette Realty de!elopment 5orp and was lateremployed by 5ondo "uite 5lub Tra!el 0nc, both owned by AR5%N.

+ri!ate respondent also owned a car which he rented out to one &andrigan which the latter operated as a tai.%n August 1;, 1##:, &adrigan approached the front des cler and a certain 0n H) had owes him 2333 for car

ser!ice and for that amount to be included in the guest=s bill. 4uest left hurriedly. Dut in Borea, disco!ered discrepancy.5omplained. 17>13---1:>13

"er!ices terminated for loss of confidence in his malicious intent to defraud a guest.

&A( dismissed complaint for diminution of salary and illegal dismissal&A( affirmed dismissal of complaint for diminution%rdered reinstatement since incident was &adrigan=s fault

0ssue(


37/87

Decause of a surprise audit of the his records, the company found him guilty of !iolations of company rules.>, 5orporate +olicy No. 31: was issued to minimi*e losses eperienced by company because of

checs encashed by them which later bounced.+etitioner allegedly !iolated said policy when she encashed Y1233 chec of Fr. 4ayondato, the general cashier

of +uerto A*ul Deach resort and nephew of 'C+."uatengco ordered petitioner to eplain and also placed her under pre!enti!e suspension.+etitioner wrote a letter of eplanation but her ser!ices were ne!ertheless terminated on %ctober 3, 1#82.

&A( illegal dismissal( reinstateN&R5( set aside decision, dismissed complaint for illegal dismissal for lac of merit

0ssue(


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Ratio(1. N&R5 simply assumed the remoteness of reinstatement2. "ecurity of tenure is gi!en specific recog and guarantee by consti.. should not be denied on so nebulous a basis as mere speculation

3. 283( un6ust dismissal reinstatement without loss of seniority rights and bacwages from the time hiscompensation was withheld up to the time of his reinstatement

b. 5o!erage

0nter%rient Faritime 'nterprises 0nc. !s N&R5, 1##:acts(

5aptain Tayog was hired by Trenda


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&A( illegal, reinstateN&R5( illegal dismissal but reinstatement would not be conduci!e to industrial harmony since he is a managerialemployeeDacwages( bacwages up to months since he was still probationary employee

%"4( from the time an employee is illegally dismissed to the time he is restored to his position of up to the finality of6udgment

0ssue(


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employed in the particular pro6ect, the completion of the pro6ect or of any phase thereof will not mean se!erance ofemployer-employee relationship.

Howe!er, if the worers in the wor pool are free to lea!e anytime and offer their ser!ices to other employers then theyare pro6ect employees employed by a construction company in a particular pro6ect or in a phase thereof.4enerally, there are three / types of non-pro6ect employees( first, probationary employees second, regular employeesand third, casual employees.

+robationary employees are those who, upon the completion of the probationary period, are entitled to regulari*ation.Regular employees are those who ha!e completed the probationary period or those appointed to fill up regular positions!acated as a result of death, retirement, resignation, or termination of the regular holders thereof. %n the other hand,casual employees are those employed for a short term duration to perform wor not related to the main line of businessof the employer.

The non-pro6ect employees of a construction company shall ha!e the right to self-organi*ation and free collecti!ebargaining. They may constitute or form part of the appropriate ran and file collecti!e bargaining unit within thecompany.

%n the other hand, it is the policy of the $epartment of &abor to promote the unioni*ation of pro6ect employees byindustry, but not by pro6ects. 0n other words, for pro6ect employees the appropriate collecti!e bargaining unit is theindustry, not any particular pro6ect or any phase thereof. Therefore, the employees of a particular pro6ect cannotconstitute an appropriate collecti!e bargaining unit. They may, howe!er, 6oin the recogni*ed industry union in theconstruction industry.

+ending the establishment of the recogni*ed industry-wide union in the construction industry, a Tripartite 5onstruction0ndustry Doard T50D/ is hereby established composed of representati!es of the employers, representati!es of theworers and representati!es of the go!ernment for the purpose of establishing fair wages and other terms and conditionsof employment in the industry, short of free collecti!e bargaining. The Doard shall also ser!e as a forum for consultationson all other matters affecting employer-employee relations in the industry, including manpower de!elopment andemployment. cdsiaNote( The issuance is undated/

"4$./ D&A" . %+&'"ecretary

April 1, 1##$'+ARTF'NT %R$'R N%. 31#-#4)0$'&0N'" 4%C'RN0N4 TH' 'F+&%EF'NT %


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e/ The termination of his employment in the particular pro6ectundertaing is reported to the $epartment of &aborand 'mployment $%&'/ Regional %ffice ha!ing 6urisdiction o!er the worplace within 3 days following the date of hisseparation from wor, using the prescribed form on employees@ terminationsdismissalssuspensions.f/ An undertaing in the employment contract by the employer to pay completion bonus to the pro6ect employee aspracticed by most construction companies.2. +ro6ect completion and rehiring of worers. ?a/ The employees of a particular pro6ect are not separated from wor at the same time. "ome phases of thepro6ect are completed ahead of others. or this reason, the completion of a phase of the pro6ect is considered thecompletion of the pro6ect for an employee employed in such phase. Feanwhile, those employed in a particular phase ofa construction pro6ect are also not separated at the same time. Normally, less and less employees are re9uired as thephase draws closer to completion.b/ )pon completion of the pro6ect or a phase thereof, the pro6ect employee may be rehired for another undertaingpro!ided, howe!er, that such rehiring conforms with the pro!isions of law and this issuance. 0n such case, the last day ofser!ice with the employer in the preceding pro6ect should be indicated in the employment.2.: Types of non-pro6ect employees. ? 4enerally there are three / types of non-pro6ect employees( first,probationary employees second, regular employees and third, casual employees.a/ +robationary employees are those who, upon the completion of the probationary period, are entitled toregulari*ation. )pon their engagement, probationary employee should be informed of the reasonable standards underwhich they will 9ualify as regular employees.b/ Regular employees are those appointed as such or those who ha!e completed the probationary period or thoseappointed to fill up regular positions !acated as a result of death, retirement, resignation or termination of employment ofthe regular holders thereof.c/ 5asual employees are those employed to perform wor not related to the main line of business of the 'mployer.

5asual employees who are employed for at least one year, whether continuous or broen, shall be considered regularwith respect to the acti!ity in which they are employed and their employment shall continue for as long as such acti!ityeists, unless the employment is terminated sooner by the employer for a 6ust or authori*ed cause, or !oluntarily by theemployee. prcd2.; 5ontracting and subcontracting. ? The practice of contracting out certain phases of a construction pro6ect isrecogni*ed by law, particularly wage legislations and wage orders, and by industry practices. The &abor 5ode and its0mplementing Regulations allow the contracting out of 6obs under certain conditions.


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one-half 12/ month salary for e!er 12 month ser!ice and may be put into effect for any pro6ect bid in case of bidpro6ects/ tender submitted in case of negotiated pro6ects/ thirty 3/ days from the date of issuance of these 4uidelines..; "tatutory benefits. ? $uring the period of their employment, the construction employees whether pro6ect ornon-pro6ect shall en6oy all the benefits due to them under the law, both monetary and non-monetary..7 +ayment by results. ? > b/ of the 5ode, pro6ect and non-pro6ect employees may be pre!enti!ely suspended if theircontinued employment poses a serious and imminent threat to the life or property of the employer or of their co-worers.No pre!enti!e suspension, howe!er, shall last longer than fifteen 1;/ days. The employer shall thereafter reinstate theworer in his former or in a substantially e9ui!alent position or the employer may etend the period of suspensionpro!ided that during the period of etension, he pays the wages and other benefits due to the worer. The employer shalldesignate a day, time and place within the period of pre!enti!e suspension, with notice of the employee, to hold a fact-finding in!estigation, to enable the suspended employee to be heard and be assisted by his counsel or representati!e, ifhe so desires, of the charge and against him and thereby eonerate the employee, or upon the employee@s failure to!indicate himself, to find the employee guilty and thereby, to terminate his employment. "uch termination shall notpre6udice the right of the employee to 9uestion the se!erance of the relationship in the appropriate forum."'5T0%N ;. "elf-%rgani*ation and 5ollecti!e Dargaining0n recognition of the right of employees to self-organi*ation and collecti!e bargaining, this $epartment herebyencourages the formation of trade unions in the construction industry, pro!ided that the formation or acti!ities of arecogni*ed trade unions will not pre6udice eisting bargaining units, sub6ect to eisting laws. As used herein, trade unions

refer to a combination of worers of the same trade or of se!eral allied trades, for the purpose of securing by unitedaction the most fa!orable conditions regarding wages, hours of labor and other terms and conditions of employment forits members."'5T0%N 7. &iabilitiesResponsibilities of the 'mployer and the . 'ffect on 'isting 0ssuances and AgreementsThese issuances shall ser!e as guides for this $epartment and its agencies in the administration and enforcement ofapplicable labor and social legislations and their implementing regulations. prcdNothing herein shall be construed to authori*e diminution or reduction of benefits being en6oyed by employees at the

time of issuance hereof.This $epartment %rder supersedes +olicy 0nstructions No. 23 of 1#>> and shall tae effect immediately.

"4$./ FA. N0'C'" R. 5%N'"%R"ecretary

5ases(0mbuido !s. N&R5, 2333acts(

+etitioner was employed as data encoder by 0nternational 0nformation "er!ices, company engaged in thebusiness of data encoding and eypunching.


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rom August 27, 1#88 until %ctober 18, 1##1, 1 employment contracts were entered, each lasting for a periodof months( specified that they were hired for a specific pro6ect6ob contract.


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Fagante !s N&R5acts(

+etitioner was employed as carpenter by 5onstress +hilippines 0nc from April 1>, 1#83 to march 7, 1#82.His wor in!ol!ed maing of molds for(


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Dridges Duildings

5harcoal guilder

"ea file

He was ne!er assigned to wor outside plant.

'!ery months, he was made to sign employment contract relating to a particular phase of wor in a specific

pro6ect.

%n march 7, 1#82, a notice of termination was posted and petitioner was told that his ser!ices were beingterminated because(1. he was already old2. contract has epired. he was not renewed as pro6ect employee

&A( regular employeeN&R5( pro6ect employee pursuant to +0 23( in connection with a particular construction pro6ect

0ssue(


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. after completion of a pro6ect, they were free to find other 6obs

&A( pro6ect employeesN&R5( regular employees

0ssue(


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All establishments and enterprises may operate or open for business on "undays and holidays pro!ided thatthe employees are gi!en the weely rest day and the benefits as pro!ided in this Rule.

"ection .


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higher premium pay than that prescribed under this"ection the employer shall pay such higher rate.

"ection 8. +aid off-daysNothing in this Rule shall 6ustify an employer in reducing the compensation of his employees for the unwored

"undays, holidays, or other rest days, which are considered, paid off-days or holidays by agreement or practicesubsisting upon the effecti!ity of the 5ode.

"ection #. Relation to agreementNothing herein shall pre!ent the employer and his employees or their reps from entering into any agreement

with terms more fa!orable to the employees than those pro!ided herein, or be used to diminish any benefit granted to theemployees under eisting laws, agreements, and !oluntary employer practices.

Calte? Regular 9ploees vs Calte?, 27 SCRA +/ 5%6Nature" Special Civil Action in t'e SC. Certiorari!acts"


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2. $etermination 5ompulsory wor compensation- #1-#

Fanila 'lectric 5o !s +ublic )tilities 'mployees Assn, ># +hil :3# :>/Nature( +etition to re!iew on certiorari the decision of the 50Racts(

'mployees of Fanila 'lectric 5o are claiming added compensation for wor during "undays and legal holidays.

0ssue(


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Doo , Rule :, 0RRThis rule shall apply to all employees ecept(

a/ those of the go!ernment and any of the political subdi!ision, including 4%55sb/ those of retail and ser!ice establishment regularly employing less than 13 worersc/ domestic helpers and persons in the personal ser!ice of anotherd/ managerial employees as defined in Doo of this 5odee/ field personnel and other employees whose time and performance is unsuper!ised by the employer including

those who are engaged on tas or contract basis, or those who are paid a fied amount for performing worirrespecti!e of the time consumed in the performance thereof.

"ection 2. "tatus of employees paid by the month'mployees who are uniformly paid by the moth, irrespecti!e of the number of woring days therein, with a

salary of not less than the statutory or established minimum wage shall be presumed to be paid for all days in the mothwhether wored or not.

or this purpose, the monthly minimum wage shall not be less than the statutory minimum wage multiples by7; days di!ided by 12.

"ection . Holiday pay'!ery employer shall pay his employees their regular daily wage for any unwored regular holiday.

"ection :. 5ompensation for holiday wor

any regular holiday, not eceeding 8 hours

at least 233K of his regular daily wage

if holiday falls on scheduled rest day

additional premium of 3K of his regular holiday rate of 233K based on his regular wage rate

"ection ;. %!ertime pay for holiday wor e9ui!alent to his rate for the 1st8 hours on such holiday wor plus at least 3K thereof

regular holiday-rest day rate( 233K of his regular daily wage rate plus 3K thereof

"ection 7. Absencesa. All co!ered employees shall be entitled to the benefit pro!ided herein when they are on lea!e of absence with pay.'mployees who are on lea!e of absence without pay on the day immediately preceding a regular holiday may not bepaid the re9uired holiday pay if he has not wored on such regular holiday.

b. 'mployees shall grant the same percentage of the holiday pay as the benefit granted by competent authority in theform of employee=s compensation or social security payment, whiche!er is higher, if they are not reporting for wor whileon such benefits.

c.


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"ection #. Regular holiday falling on rest days or "undaysa/ A regular holiday falling on the employee=s rest day shall be compensated accordingly.b/


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b. $i!isor as actor

/rans*Asia 5hil -mployees Association vs R), 0% S)RA 03" (&&

ature7 Special )ivil Action in the S). )ertiorari.

6acts7

:nion entered into )=A which provided for the payment of holiday pay with a stipulation

that if an employee is permitted to work on a legal holiday, the said employee will receive a salary

e8uivalent to %> of the regular daily wage plus a !> premium pay.

/o compute for compensation, the company used the %'! divisor which already takes into

account the 1 regular holidays in a year.

0!# calendar days minus unworked and unpaid #% Sundays and %! Saturdays (re8uired to

work half*day.

4ssue7 ?9 holiday pay is already included in petitioner@s monthly salary


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% days* special days

%!% days

%!* Saturdays when employees are re8uired to work half day

%'' days

but there are only & unworked but paid legal holidays beco under -9 %0, one always falls on the

last Sunday of August, ational


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no provision of law re8uiring any employer to make adjustments in his employees@

monthly salaries on the number of times that a legal holiday fell on a Sunday?hat the law re8uires7

to assure that the monthly minimum wage shall not be less than the statutory

minimum wage multiplied by 0!# days divided by 1%

to pay that salary for all days in the month whether worked or not and irrespective of

the number of working days therein

D. SERVICE INCENTIVE LEAVE AND PATERNITY LEAVE

95. Right to service incentive leave

a) ever e!"loee #ho has ren$ere$ at least % ear o& service shall 'e entitle$ to a earlservice incentive leave o& 5 $as #ith "a.

') This "rovision shall not a""l to

those #ho are alrea$ en(oing the 'ene&it herein "rovi$e$

those en(oing vacation leave #ith "a o& at least 5 $as an$

those e!"loe$ in esta'lish!ent reglarl e!"loing less than %* e!"loees or

in esta'lish!ents e+e!"te$ &ro! granting this 'ene&it ' the Sec o& La'or a&ter

consi$ering the via'ilit or &inancial con$ition o& sch esta'lish!ent.

c) The grant o& 'ene&it in e+cess o& that "rovi$e$ herein shall not 'e !a$e a s'(ect o&

ar'itration or an cort or a$!inistrative action.

,oo- / Rle 5/ IRR

Section %. Coverage

This rle shall a""l to all e!"loees e+ce"t0

a. those o& the govern!ent an$ an o& its "olitical s'$ivisions/ incl$ing 12CCs'. $o!estic hel"ers an$ "ersons in the "ersonal service o& another

c. !anagerial e!"loees

$. &iel$ "ersonnel ++3


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e. those #ho are alrea$ en(oing the 'ene&it herein "rovi$e$

&. those en(oing vacation leave #ith "a o& at least 5 $as an$g. those e!"loe$ in esta'lish!ents reglarl e!"loing less than %* e!"loees.

Section 4. Right to service Incentive leave

Ever e!"loee #ho has ren$ere$ at least % ear o& service0 5 $as #ith "a

Section . De&inition o& certain ter!s

At least % ear service0 service #ithin %4 !onths/ #hether continos or 'ro-en rec-one$ &ro! the

$ate the e!"loee starte$ #or-ing/ incl$ing athorie$ a'sences an$ "ai$ reglar holi$as nless

the #or-ing $as in the esta'lish!ent as a !atter o& "ractice or "olic/ or than "rovi$e$ in the

e!"lo!ent contract is less than %4 !onths/ in #hich case sai$ "erio$ shall 'e consi$ere$ % ear.

Section 6. Accral o& 'ene&its

Entitle!ent to the 'ene&it shall start Dece!'er %7/ %985/ the $ate the a!en$ator "rovision

o& the Co$e too- e&&ect.

Section 5. Treat!ent o& 'ene&it

The service incentive leave shall 'e co!!ta'le to its !one eivalent i& not se$ or

e+haste$ at the en$ o& the ear.

Section 7. Relations to agree!ents


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Nothing in the Rle shall (sti& an e!"loer &ro! #ith$ra#ing or re$cing an 'ene&its/

s""le!ents or "a!ents as "rovi$e$ in e+isting in$ivi$al an$ collective agree!ents or

e!"loer:s "ractices or "olicies.

#aternit Leave Act of 10- see A8ucena

1. 5o!erage

Faati Haberdashery !s N&R5, 1># "5RA ::# 8#/Nature" #etition for certiorari to review t'e decision of t'e NLRC!acts"#elo$ello and Rivera, a salesan for *a$erdas'er were leaving toget'er w'en t'e were found wit' an open pac)agecontaining a 4usi $arong ;agalog. Conse=uentl disissed after t'e failed to su$it an e?planation to copan.


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#7. ser!ice charges

All ser!ice charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of8;K for all co!ered employees and 1;K for management. The share of the employees shall be e9ually distributedamong them. 0N case the ser!ice charge is abolished the share of the co!ered employees shall be considered integratedin their wages.

Doo , Rule 7, 0RR

"ection 1. 5o!erage.%nly to establishments collecting ser!ice charges such as hotels, restaurants, lodging houses, night clubs,

coctail lounges, massage clinics, bars, casinos and gambling houses, and similar enterprises, including those entitiesoperating primarily as pri!ate subsidiaries of the go!ernment.

"ection 2. 'mployees co!ered

all employees of co!ered employers

regardless of their positions, designations or employment status

and irrespecti!e of the method by which their wages are paid, ecept to managerial employees.

As used herein, a managerial employee shall mean one who is !ested with powers or prerogati!es to lay downand eecute management policies andor to hire, transfer, suspend, lay-off, recall, discharge, assign, ordiscipline employees or to effecti!ely recommend such managerial actions. All employees not falling within this

definition shall be considered ran-and-file employees.

"ection . $istribution of ser!ice charges

8;-1;

1;K shall be for disposition by management to answer for the losses and breaages and distribution tomanagerial employees at the discretion of the management in the latter case.

"ection :. re9uency of distributionThe shares referred to herein shall be distributed and paid to the employees not less than once e!ery 2 wees

or twice a month at inter!als not eceeding 17 days.

"ection ;. +ermanency of ser!ice charges0n case the ser!ice charge is abolished, the share of co!ered employees shall be considered integrated in their

wages. The basis of the amount to be integrated shall be the a!erage monthly share of each employee for the past 12months immediately preceding the abolition or withdrawals of such charges.

"ection 7. Relation to agreements-"ame-

"ection >. This rule shall be without pre6udice to eisting and future 5DAs.Nothing in this rule shall be construed to 6ustify the reduction or diminution if any benefit being en6oyed by any

employee at the time of effecti!ity of this rule.

'astern Assurance and "urety 5orp !s "ecretary of &aborNature( "pecial 5i!il Action of certiorari to re!iew the order of the "ec of &aboracts(G M D Fanpower "pecialist, 0nc applied for a license with the +%'A to engage in business as a recruitment agency.

They, together with 'astern Assurance filed a surety bond to ensure faithful compliance of rules and regulationspromulgated by Finistry of &abor.

"ubse9uently, GD failed to deploy complainants and the latter filed claims for refund.

0ssue(


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Rule-maing power of "ec ga!e +%'A on its own initiati!e or upon filing of a complaint or report or upon re9uest forin!estigation by any aggrie!ed person to conduct the necessary proceedings for the suspension or cancellation of thelicense or authority..

0mplicit here is the award of appropriate relief to the !ictims claims for refund granted/

0ssue(


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amendment or

modification

made locally or in a foreign country

The following shall be paid within : months from the appro!al of the settlement( compromise settlement

amicable settlement

!oluntary agreement on money claims inclusi!e of damages

Termination of o!erseas employment without 6ust, !alid or authori*ed cause(

full reimbursement of hit placement fee

with 12K interest per annum

plus his salaries for the unepired portion of his employment or

for months for e!ery year of the unepired term, whiche!er is less

Non-compliance with the mandatory periods for case resolutions shall result to(1. salary withheld until official complies therewith

2. suspension for not more than #3 days

. dismissal from ser!ice with $I to hold any appointi!e public office for ; years

\ without pre6udice to any liability incurred under other eisting laws or rules as a conse9uence of !iolating thepro!isions of this paragraph

;. +%'A o!er administrati!e and disciplinary cases

"ection 28, RA 83:2. 5ountry-Team Approach

all officers, reps, and personnel of +hil go!t posted abroad shall act as one country-team

with a mission

under the leadership of the ambassador

The ambassador may( recommend to the "ec of $ept of oreign Affairs

the recall of %R+

for acts inimical to the national interest

such as, but not limited to, failure to pro!ide the necessary ser!ices to protect the rights of o!erseasilipinos

The "ec of $A shall(

endorse such recommendation

to the dept secretary concerned for appropriate action

pending action, person recommended f

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