Special Groups of Employees

SPECIAL GROUPS OF EMPLOYEESAPPRENTICE, LEARNER, HANDICAPPED, WOMEN, MINOR, HOUSEHELPER, HOMEWORKER, NON-RESIDENT ALIEN

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Business Laws & Best Legal Practices

“”

The law provides for protection to special groups of employees.

- ATTY. JERICHO B. DEL PUERTO

Business Lawyer & Legal ConsultantJDP Consulting Ltd. Co.

Business Law ProfessorSan Beda Graduate School of Business

Book Author, Legal Aspects of BusinessCentral Books Publishing

For more info:

www.legalaspects.phBusiness Laws & Best Legal Practices

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Disclaimer

All statements, opinions, or information provided herein are for information purposes only. They should not be taken as professional/legal advice

and/or opinion on any matter for any purpose.

All opinions expressed by the speaker are solely his own.

They do not represent that of the organizations and associations which he may have any connection, association, or affiliation.

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Who are these special groups of employees?

Special groups of employees refer the following employees:

apprentice, learner, handicapped,

women, minor, househelper

homeworker and non-resident alien

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What is the importance of learning these special groups of employees?

To avoid liability and penalty

Labor law provides for protection to these special groups of employees such that severe penalties are imposed for violations of the rules.

To take advantage of the benefits

Labor law allows for the payment of up to 75% of minimum wage for some of special groups of employees, while options for hiring are widened.

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What do we need to know?

APPRENTICE For trade/occupation

requiring +3 mos. practical OJT w/ theoretical instruction

Conditions: DOLE approved apprenticeship program w/ written agreement, highly technical industries,

75% minimum wage

LEARNER For semi-skilled and

other industrial occupations w/ OJT not exceeding 3 mos.

Conditions: no experienced workers, necessary to prevent curtailment of employment opportunities, no unfair competition of labor costs

75% minimum wage

HANDICAPPED Handicapped: earning

capacity impaired by age or physical or mental deficiency or injury

Conditions: necessary to prevent curtailment of employment opportunities, no unfair competition of labor costs

75% minimum wage

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WOMEN No discrimination on

women solely of sex.

Prohibited discriminatory acts: (a) denial of statutory monetary benefits, (b) discharge due to pregnancy, (c) discharge or refuse admission for fear of being pregnant again

MINOR > 15 years old no

employment, except: (a) work under sole responsibility of parent or guardian, (b) employment does not interfere with schooling

16 & 17 years old may be employed under DOLE regulations

No discrimination due to age

HOUSEHELPER Personal

Househelper: For personal comfort and convenience in household of employer; may be paid below minimum wage (cf. Kasambahay Law)

Industrial Househelper: company employee, minimum wage

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HOMEWORKER Delivers/Caused to

be delivered/Sells goods processed or fabricated in a home

Foreigner seeking admission for employment purposes

Conditions: non-availability of resident who is competent, able, and willing to work requiring alien

Requires Alien Employment Permit (AEP)

With the ASEAN integration, there will be more aliens who

might choose to work here in the Philippines. They should have AEPs.

NON-RESIDENT ALIEN

What if the rules for special groups of employees are

not followed?Fine: P1,000.00 to P10,000.00

and/or

Imprisonment: 3 months to 3 years

The Labor Code imposes the above-mentioned fine and imprisonment for violations. Aliens may be summarily departed after completion of service.

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How do you avoid such liabilities?

Management should observe best legal practices to avoid such consequences and liabilities.

Best legal practices are best practices with legal compliance. For employment, they are sourced from labor laws, rules & regulations,

jurisprudence, and best practices.

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What are these best legal practices for special groups of employees? In General

Properly categorize an employee whether s/he falls under the special groups of employees;

Clearly state in employment contracts whether such employee is part f the special groups of employees (if a minor, obtain written parental consent)

Review company policies for compliance with rules for special groups of employees

Notarize the employment contract to convert it to a public document

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For specific best legal practices depending on the group…

APPRENTICE Secure a DOLE-

approved apprenticeship agreement before engaging apprentice

Verify with DOLE whether company is allowed to have apprenticeship program

LEARNER Verify with DOLE for

positions requiring learners

Avoid pre-terminating employment w/o fault of learner who worked for 2 mos., such results in regular employment

HANDICAPPED Ensure that the

handicapped employee is indeed in such state

When in doubt, verify with DOLE

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For specific best legal practices depending on the arrangement…

WOMEN Ensure workplace

and company policies do not discriminatory rules or practices

Be aware of the statutory benefits for women: VAWC leave, special leave for women, solo parental leave

MINOR Obtain written

consent when hiring employable minors

Avoid engaging those who cannot be employed (15 years and below)

HOUSEHELPER Avoid requiring

personal househelper to work in the company as he/she will be considered an employee and thus be entitled to minimum wage

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For specific best legal practices depending on the arrangement…

HOMEWORKER Ensure that a

homeworker delivers or caused to be delivered or sells goods processed or fabricated in a home

Verify the non-availability of resident who is competent, able, and willing to work requiring services of a non-resident alien

Secure Alien Employment Permit (AEP)

Best Legal Practices will help in incurring liabilities due to non-compliance with labor

laws.

NON-RESIDENT ALIEN

“”

Knowledge of special groups of employees is an advantage in business.- ATTY. JERICHO B. DEL PUERTO

For more information, contact:

JDP CONSULTING LTD. CO.Call: (+632) 479-5405, Fax: (+632) 479-5401Mobile: (+63) 917-622-0124E-mail: [email protected]: www.jdpconsulting.ph

You may also want to visit:

www.legalaspects.phBusiness Laws & Best Legal Practices

©2015, Atty. Jericho B. del Puerto. All rights reserved. For permissions to use this material, send a request to this e-mail address: [email protected]

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