San Beda LMT Soc Leg

Executive Committee:

Ian Michel Geonanga, Over-all Chairperson; Jose Angelo David, Academic Operations Chairperson; Ruth Abigail Acero, Hotel Operations Chairperson;

Alberto Recalde Jr., Operations; Maria Carmela Hautea, Secretariat; Mark Emmanuel Abilo, Finance;

Ryan Liggayu, EDP; Jomarc Dimapilis, Logistics

Subject Committes: Erika Marie Gallego, Political Law; Sheila Pasicolan, Labor Law

Subject Committee Members: Advisers:

2013 San Beda College of Law Centralized Bar Operations

LABOR LAW AND SOCIAL LEGISLATION

SOCIAL LEGISLATION

LEAVE BENEFIT UNDER R.A. 9262

1. Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in

addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations,

extendible when the necessity arises as specified in the protection order.

RETIREMENT PAY

2. Retirement is a result of a bilateral act of the parties, a voluntary agreement between the

employer and the employee. An employer is, however, free to impose a retirement age earlier

than that mandated by R. A. 7641. (Cercado vs. Uniprom, G.R. NO. 188154, October 13, 2010)

3. R. A. No. 7641 applies to all employees in the private sector, regardless of position,

designation, status, and irrespective of the method by which their wages are paid. They shall

include part-time employees, employees of service and other job-contractors and domestic

helpers or persons in the personal service of another.

4. Part-time employees are entitled to retirement pay, after satisfying the following conditions

precedent for optional retirement:

a. there is no retirement plan between the employer and employee;

b. the employee should have reached the age of sixty (60) years;

c. should have rendered at least five (5) years of service (Explanatory Bulletin on Part-Time

Employment issued by Acting DOLE Secretary Jose Brilliantes, 1996)

5. For covered workers who are paid by results and do not have fixed monthly rate, the basis for

the determination of salary for fifteen (15) days shall be their average daily salary (ADS).

6. Benefits:

A retiree is entitled to a retirement pay equivalent to at least ½ month (22.5 days) salary for

every year of service, a fraction of at least six (6) months being considered as one whole year.

7. Taxability.

The tax exemption privilege granted to retirement benefits under R.A. No. 7641 can only be

invoked when there is no existing retirement plan, CBA, or other applicable employment

contract in the establishment. In the presence of a retirement plan duly approved by the BIR,

the same shall be followed provided that it shall not be less than those provided under R. A.

7641. (Revenue regulation No. 12-86; Intercontinental Broadcasting Corporation vs. Noemi

Amarilla, et. al., G.R. No. 162775, October 27, 2006)

San Beda Law Last Minute Tips 2 L A B O R L A W

KASAMBAHAY LAW

8. Domestic worker or kasambahay refers to any person engaged in domestic work within an

employment relationship such as, but not limited to general househelp, nursemaid or yaya,

cook, gardener, or laundry person.

9. The employable age of kasambahay is fifteen (15) years old and above.

10. A domestic worker who has rendered at least one (1) year of service shall be entitled to

annual service incentive leave of five (5) days with pay; Provided, that any unused portion of

annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves

shall not be convertible to cash.

11. A domestic worker who has rendered at least one (1) month of service shall be covered by

SSS, PhilHealth, and Pag-Ibig, and shall be entitled to all the benefits in accordance with the

pertinent provisions provided by law.

12. Mandatory benefits of kasambahay:

a. Monthly minimum wage;

b. Daily rest period of 8 (total) hours;

c. Weekly rest period of 24 hours (uninterrupted) hours;

d. 5 days annual service incentive leave with pay;

e. 13th month pay;

f. SSS benefit;

g. PhilHealth benefit; and

h. Pag-Ibig benefit.

13. Rights and privileges of kasambahay:

a. Freedom from employer’s interference in wage disposal;

b. Standard of treatment;

c. Board, lodging, and medical attendance;

d. Right to privacy;

e. Access to outside communication;

f. Access to education and training;

g. Right to be provided a copy of the employment contracat;

h. Right to certificate of employment;

i. Right to form, join, or assist labor organizations;

j. Right to terminate employment based just cause; and

k. Right to exercise religious beliefs and cultural practices.

SSS LAW vs. GSIS LAW

14. Difference between SSS Law and GSIS Law:

SSS LAW GSIS LAW

COVERAGE

1. Employer- Any person, who

carries on in the Philippines any

trade, business, industry,

undertaking, and uses the

services of another person

under his orders.

2. Employees- Any person who

performs services for an

employer who receives

compensation for such services,

where there is an employer-

employee relationship.

1. Employer- National government,

its political subdivisions, branches,

agencies or instrumentalities,

including government-owned or

controlled corporations with

original charters.

2. Employee- Any person receiving

compensation while in the service

of an employer as defined herein,

whether by election or

appointment, including Barangay

and Sanggunian offcials.

EXCLUSION

1. Employment purely casual and

not for the purpose of

occupation or business of the

employer;

2. Services performed on or in

connection with an aliean

1. Members of AFP and PNP;

2. Contractual employees, who have

no employer-employee

relationship with the agency they

serve; and

3. Members of Judiciary and


vessel by an employee if he is

employed when such vessel is

outside the Philippines;

a. Service performed in the

employ of the Philippine

government, instrumentality

or agency thereof;

b. Service performed in the

employ of a foreign

government, international

organization, or their wholly-

owned instrumentality; and

c. Services performed by

temporary employees,

which may be excluded by

the regulation of the

Commission.

Constitutional Commission, who

shall be covered only by life

insurance cverage;

a. Purely casual employees.

BENEFICIARIES

1. Legal spouse entitled for support;

2. Child, whether legitimate,

legitimated, legally adopted or

illegitimate; and

3. Parents dependent for support;

1. Legal spouse entitled for support;

2. Child, whether legitimate,

legitimated, legally adopted or

illegitimate; and

3. Parents dependent upon the

meber for support.

BENEFITS

1. Monthly Pension

2. Dependent’s Pension

3. Retirement Benefits

4. Death Benefits and Permanent

Disability

5. Funeral Benefits

6. Sickness Benefits

7. Maternity Benefits

1. Temporary disability benefits

2. Separation benefits

3. Unemployment/ involuntary

separtion benfits

4. Survivorship benefits;

5. Life insurance benefits

DEATH BENEFITS

15. Under No. 6, Section C, Part II of the POEA “Standard Employment Contract Governing the

Employment of All Filipino Seamen On-Board Ocean-Going Vessels” (POAE-SEC), the death

of a seaman during the term of employment makes the employer liable to his heirs for death

compensation benefits. This rule, however is not absolute. The employer may be exempt

from liability if it can successfully prove that the seaman’s death was caused by an injury

directly attributable to his deliberate and wilful act. (Crewlink, Inc. and/or Gulf marine

Services vs. Editha Teringtering, G.R. No. 166803, October 11, 2012)

LIMITED PORTABILTY LAW

16. Portability refers to the transfer of funds for the account and benefit of a worker who transfers

from one system to the other.

17. Totalization refers to the process of adding up the periods of creditable services or

contributions each of the systems, for purposes of eligibilty and computation of benefits.

18. Covered workers are those who transfer employment from public to private sector or vice-

versa or employed in both private or public sectors.

19. Benefits to be paid by the system shall be in proportion to the number of contributions

actually remitted to that system.


EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND

20. Coverage of Compensability

a. Injury

i. Sickness

j. Disability

k. Death

19. Compulsory coverage

a. All employers;

b. Their employees not over 60 years old; or

c. Employees over 60 years old and paying contributions;

d. Filipino employees employed abroad subject to prescribed ECC regulations

e. Covered Employees

1. Persons compulsorily covered by GSIS or SSS;

2. Those employed as casual, emergency, temporary, substitute or contractual

employees; and

3. Members of the AFP.

f. If the employee was not in the actual performance of his duties when he died, but

returning to work as instructed by his superior, same is equivalent to performance of duty

under Section 1, Rule III of ECC Rules. (GSIS vs. Zarate, et al., G.R. No. 170847, August 3,

2010).



Documents

San Beda LMT Soc Leg