September 17, 2013

Why is there a need to declare judicial bankruptcy? So that creditors can

present their claims to the employer
- that includes the State claiming for unpaid taxes

Preference vs Tax - Preference Prevail

Mortgage Credit - Special Preferred Credit - preferred than the workers
preference.

What is Apprenticeship?

Apprentice?

Who maybe hired as Apprentice?

Age? Apprentice = 14; Learner = 15

Training period?

What kind of employment arrangement where employer undertakes to
employ the person? LEARNER
Who desires be employed? Learners, if he desires, the employers have
no choice but to hire him?

When can a learner becomes a regular word? When he has finish the 3
month period for learner training and he desires to work.

Another instances of employment? If the employer pre terminate the
learner without the latters fault.

Employment of Handicapped (spelling daw kuno oi!) Workers
What is a handicapped workers?
What is impaired? Earning capacity
Reason? Age, physical and mental, injury

Which is broader term? Handicapped worker or disabled worker?
Disabled because if you are a disabled worker, it does not necessarily
that your earning capacity is impaired
You maybe a qualified disabled person = with the same compensation of
the regular worker
Whereas a handicap person your earning capacity is always impaired
you are paid lesser than the regular worker as long as it is not less than
75% of the minimum wage

Can you fix the period of employment of disabled person? Yes, you can
fix even if he performs like the regular worker.

If you hire an apprentice, what is the prescribed hours of work? Not
exceeding 8 hours
EXCEPT: no regular EE is available, OT hours are credited as training
hours

What instances be attorneys fees be awarded?
Actions for the recovery of wages of household helpers, laborers and
skilled workers. (ART 2208, CC)
o Does it require bad faith in the part of debtor? YES THERE IS. YOU MUST
PROVE BAD FAITH FIRST TO BE AWARDED.
In unlawful withholding of wages (ART 111)
Arising from collective bargaining negotiations (charged against union
funds) (ART 222)

What kind of attys fees are we talking? The extra-ordinary concept it is
in the concept of damages it goes to the party litigant

What is this limit of not more than 10%? It is the amount of wages

What is this instance in Labor Code? Only in unlawful withholding of
wages (ART 111)
But attorneys fees can also be awarded to other instances (ART 2208 of
CC) in here the 10% limitation does not apply.

Are non-lawyers allowed to appear?
GR: they are not allowed to appear, because only lawyers are allowed
EXCEPT: if non-lawyer is the party litigant, represent themselves,
represent the organization or members thereof. (ART 222 LABOR CODE)
How? Certification from Bureau of Labor Relation; (SEC 6 IRR NLRC
Rules of Procedures)

If the worker is represented by public lawyer, can attorneys fees
awarded? SEC 6 Par. 4 IRR NLRC Rules of Procedures

What are the facilities provided for women?
Seats
Separate toilet rooms
Dressing rooms
Nursery rooms
Standards minimum age and retirement or termination in special
occupation.

When can the women use the seats provided to them?

Difference between seat and chair? Chair something to lean at your
back; Seat just a stool

Family planning Where required? In any establishments with more than
200 workers in any locality
Applicable provision of RH Law? The employers cannot require his
employer to use any method of family planning.
Can they require the use? NO
RATIONALE: they have the right to choose what to use.

Prohibited Discrimination (AR 135)
Payment of lesser compensation
o work of equal value male or female
Favoring a male employee over female employee
o opportunities, scholarships

Consti SEC 14 ART II; SEC 14, ART XIII basis for the prohibited
discrimination
What is the equality described here? In nation-building; fundamental
equality before the law of women and men.

What kind of protection does the state extend to women? Safe and
healthful works, conditions taking in to account their maternal functions
(SEC 14, ART XIII)

What are provisions of law or any law that protects woman?
ART 137
ART 132
Maternity leaves ART 133; Social Security Act of 1997
Age employment requirements

Stipulation against marriage

TREATY: International Convention on Elimination of All Forms of
Discrimination Against Women part of the law of the land? YES, SEC 2
ART 2 of Consti. GAPIL (Generally acceptable principles of international
law) Doctrine of Incorporation.

Criminal liability to the discrimination ART 288 and 289 of LABOR CODE
- 1k to 10k or 3 month to 3 years, or both

ART 139 is there EE and ER relationship? NO usually Independent
Contractor
There is EE-ER relationship only in ART 138 - there is effective control or
supervision of the employer for a substantial period of time as
determined by the SEC. of LABOR.
- there is a need of such law because nature of a club is usually
Independent Contractor with regards to women.

September 24, 2013
What is a nursing employee?
- any female worker, regardless of employment status, who is
breastfeeding her infant and/or young child.

What is a young child?
- a child from the age of twelve (12) months and one (1) day up to thirty-
six (36) months.
What is an infant?
- a child within zero (0) to twelve (12) months of age.

What is lactation station?
- private, clean, sanitary, and well-ventilated rooms or areas in the
workplace or public places where nursing mothers can wash up,
breastfeed or express their milk comfortably and store this afterward.

Whenever an employer has nursing employees, does it mean he needs to
provide them with lactation station? YES
Can employer apply for exemption? YES, take into account:
o The number of nursing employees
o The practicability of providing lactation
o The nature of the place/ business

If employer does not provide lactation station, what is the liability?
SEC 21 of Breastfeeding Act.
Fine of not less than Fifty thousand pesos (Php50,000.00) but
not more than Two hundred thousand pesos (Php200,000.00) on the first
offense.
On the second offense, a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more than Five hundred
thousand pesos (Php500,000.00).
What are other things that employer must provide to nursing
employees? Break Intervals not less than 40mins.
On the third offense, a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) and the cancellation or revocation of the business
permits or licenses to operate.

So even if your child comes to you because he wants to breastfeed then
you can ask your employer to take your break and breastfeed the child.
Is this compensable hours work? YES
o If the employer will make you work on those hours THAT WILL BE
OVERTIME WORK (SEC 13 Breastfeeding Act)

SEC 10-SEC 13 obligation of employers

EMPLOYEMENT OF NIGHT WORKERS
Sec1 ART 130 of Labor Code EXPRESSLY REPEALED
Sec. 2 ART 131 of Labor Code EXPRESSLY REPEALED
ART 154-161 OF RA 10151 NOW APPLICABLE.

What is the purpose of the REALED LAW? It supposed to safeguard the
health and safety of workingwomen. The night work prohibition prohibits
the employer to prevent the workingwomen to work at night.
The cannot be required by the employers
WHY? Who are the people awake on night? CRIMINALS, Drunkards, more
prone to accidents.

If that is the purpose of the REPEALED LAW, why did the Night Workers
Act repealed those laws? FOR NON-DISCRIMINATION.

What is the Convention? International Convention of Elimination of All
Forms of Discriminations of Women

IRR of RA 10151
Who is a Night Worker? Employed person whose work covers the period
from 10 oclock in the evening to 6 oclock the following morning provide
that the worker performs no less than 7 consecutive hours of work (Sec.
1)
ALL PERSONS male and female

2 elements
10pm 6am
no less than CONSECUTIVE 7 hours

This law covers all establishments whether for profit or not
EXCEPT:
o Agricultural
o Stock raising
o Fishing
o Maritime Transport
o Inland Navigation

What is the obligation of employer to the night worker?
SEC 3. Health Assessment
UPON REQUEST
o Advice on how to reduce or avoid health problems for FREE without
charge BY COMPETENT PHYSICIANS
Before taking up an assignment as a night worker
At regular intervals during such an assignment
If they experience health problems during such an assignment
EXCEPT: unfitness for night work the finding of such assessment shall be
confidential and shall NOT be used to their detriment, subject however
to applicable company policies.

What health problems do you suffer if you work at this times? WHAT
YOU THINK LANG. immune system something2, etc.

SEC 4. MANDATORY FACILITIES
Suitable First Aid and Emergency Facilities
o For injuries.
Lactation Station
Separate Toilet Facilities for men and women
o WHY? Privacy.
o But what if Men-Men illicit acts? based in this law, it does not address
these illicit acts.
How will you address this problem? IKAW NA BAHALA HAHA (suggested:
place the toilets in conspicuous places)
Facility for eating with potable drinking water
o What is potable? Suitable for drinking.
Facilities for transportation and properly ventilated temporary sleeping
or resting quarters - separate for male and female workers
o What is the opportune time for them to rest? That 1 hour break period.

EXCEPTIONS (SEC 4)
Existing company guideline providing for an equivalent or superior
benefits
o What do you mean by this? Provide your own example (suggested:
transportation basta e.defend lang ang imo example)
Where the start or end of the night work doe not fall within 12 midnight
to 5 oclock in the morning
Where the workplace is located in an area that is accessible 24 hours to
public transportation
Where the number of employees does not exceed a specified number as
may be provided for by the Secretary of Labor and Employment in
subsequent issuances

ANOTHER OBLIGATION
SEC 5 Transfer
Unfit to render night work due to health reasons transferred to a job
for which they are fit to work whenever practicable

What if it is no longer viable to transfer? Par. 2. Terminate him lawfully
BUT HE SHALL BE GRANTED the same company benefits as other workers
who are unable to work due to illness. MORE THAN 6 MONTHS OF
BEING SICK WITHOUT WORK.

If night worker is pregnant, can the employer terminate her? NO
What law or provision is your basis? ART 137 Par 2 To discharge such
woman on account of her pregnancy, or while on leave or in confinement
due to her pregnancy
Other Law? RH LAW Responsible Parenthood and Reproductive Health
Law

SEC 6. Alternative measures to night work for pregnant and nursing
employees.
Transfer to day work
o Additional periods of assignment to day work during pregnancy
16 weeks to be divided equally before and after delivery
o Extension of maternity leave
o Clearance to render night work

EMPLOYMENT OF CHILDREN
Who are considered Children? Refers to any person 18 years of age.

How is a child employed 15 above and below 18? Can be employed as
long as not hazardous and deleterious work places.

Hours of Work
Below 15 not allowed to work for more than
o 20 hours a week and
o 4 hours a day,
o from 8pm to 6am
15 above and below 18 not allowed to work for more than
o 40 hours a week
o 8 hours a day
o 10pm to 6am
Violate you are violating the WORST FORM OF CHILD LABOR.
Criminal liability to employers if violated.

Why criminal liability? It impairs his/her normal development, endangers
his life, safety, health and morals
they will be prone to abuse, neglect, cruelty, exploitation and
discrimination and other conditions prejudicial to their development (SEC
2)

EMPLOYMENT OF DOMESTIC WORKERS Kasambahay Law
Does this law repeal the entire Chapter III of Labor Code Employment of
Househelpers? YES

Domestic Worker any person engaged in domestic work within an
employment relationship whether on a live-in or live-out arrangement,
such as, but not limited to:
General Househelp
Yaya
Cook
Gardener
Laundry person
Any person who performs domestic work on an OCCUPATIONAL BASIS
Not Covered:
Service providers
Family drivers
Children under foster family arrangement
Any person who performs domestic work occasionally/ sporadically

Domestic Work work performed in or for a household

Household immediate members of the family OR the occupants of the
house who are directly and regularly provided services by the
Kasambahay.

Employer any person who engages and controls the services of a
Kasambahay and is party to the employment Contract.

Live-out Arrangement arrangement whereby the Kasambahay works
within the employers household but does not reside therein.

What is the minimum employable age? 15 years old.

Can we apply the Law on Employment of Children? YES apply
abovementioned discussions

What is the prescribed hours of work for the domestic workers? It shall
not exceed 16 hours a day.
BASIS: SEC. 5 Daily Rest Period employers to provide the domestic
worker an aggregate 8 hours of work.

24hrs a day 8rest = 16 work hours

Does the law require employment agreement? SEC 5

What is the minimum wage? Monthly minimum wage
NCR 2,500 per month
Cities and First Class Municipalities 2,000
Other Municipalities 1,500
Pay them AT LEAST ONCE A MONTH with pay slip.

Entitled to:
Service Incentive Leave
13th Month Pay
SSS, ECC, PhilHealth, PAG-IBIG at least 1 month of service

PAG-IBIG Pagtutulungan Ikaw, Banko, Industria, Gobyerno

October 1, 2013
Who pays for the sss? The employer part of salary

What is recruitment and placement governed by Migrant Workers and
Overseas Filipino Act of 1995? When can they be involved in recruitment
and placement?
Sec 13 (b) - Refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers, and includes
referrals, contract services, promising or advertising for employment,
locally or abroad, whether for profit or not. Provided, That any person or
entity which, in any manner, offers or promises for a fee employment to
two or more persons shall be deemed engaged in recruitment and
placement.

Recruitment and employment is different in recruitment and placement.
Former, you recruit then employ them. Latter you recruit then place
them where they can work.

Who is a non-resident alien? A foreign national who seeks employment
in the Philippines.

If he marries a Filipina or Filipino then he seeks employment
EXEMPTED FROM ACQUIRING AEP

Exemption in EAP
Sec. 2 of IRR of Employment permits of foreign nationals
Members of the diplomatic service and foreign government officials
Officers and staff of international organizations of which Philippines is
member
Foreign nationals elected as members of the governing board who do not
occupy any other position voting rights only in the corporation MULTI
NATIONAL COMPANY
o Companies allowed to be wholly owned by foreign national NATURAL
???? e.g. Petroleum Companies (Chevron), Proctor and Gamble
All foreign nationals granted exemption by law
Owners and representative of foreigner principals whose companies are
accredited by the POEA for a limited period and interviewing Filipinos
for abroad
Foreign nationals who come to Philippines to teach, present or conduct
research studies in universities.

RA 8042
GR: There is a bond on direct hiring of foreign employer for overseas
employment.
- to secure the protection of immigrant workers - SEC 2 (g) State
recognized that the ultimate protection to all migrant workers is the
possession of skills
EXCEPT:

Illegal Recruitment when there is no license whether for profit or not.
(SEC 6)
Can it be committed to only 1 individual? YES, even if it only 1. As long as
it has no license for it.

When can it be considered as large scale or syndicate? Large scale - If it is
committed against 3 or more. Syndicate if carried out by 3 or 4 person
conspiring.

Illegal Recruitment constitutes economic sabotage prescriptive
period of 20 years.
- normal 5 years.

If somebody get himself injuries ART 161 Labor Code.
Duty of any employer to provide all the necessary assistance to ensure
the adequate and immediate medical and dental attendance and
treatment to an injured or sick employee in case of emergency. - ONLY
SAFETY AND HEALTH STANDARD PROVISION ONLY
If violated QUASI-DELIC in civil code 1711-1712
Employment of Students
Working Scholars - are students who work for the school in exchange for
the privilege to study free of charge provided they are given the
reasonable opportunity to finish the course.
Reasonable opportunity that time you are given related to units per
school year given

Employment of Studens during Summer and Christmas
Establishment with 10 or more employees
age: not less than 15, not more than 25
Time limit of employment:
o 10 15 days secondary students (high school)
o Time limit: 20 - 52 working days
Wage: they are paid minimum wage
o 60% - in cash; 40% - voucher

Agencies involved
DOLE, POEA, OWWA, DFA, LGU

What is the role of LGUs? To fight against illegal recruitment
dissemination of information to their constituents
To provide venue of POEA
HELP DESK

What is the role of OWWA? Assistance they may need in the
enforcement of contractual obligation

What is the role of DOH? Regulate operation of clinics to conduct
examinations.

What is the role of POEA? Participate in recruitment and overseas
placement of workers by setting up a licensing and registration system.

Guarantee: (Sec 4)
- Existing labor and social laws protecting the rights of workers.
- The receiving country must be a signatory of multilateral treaty.
- bilateral treaty with Philippines.

Kasambahay if solo parent
(SEC 13) entitled to other benefits in existing laws
- has right of maternity leave, etc

Dual System Law delivery system to quality technical and vocational
education and training that combine in-plant training and in-school
training based on training plan
Entitled to allowance not less than 75%

Domestic workers Act period of employment it depends on the
agreement.
Requires written employment contract
If there is an employment agreement there are valid ground in which
kasambahay can terminate the employment.

IRR of 10361 RULE VII SEC 2 SEC 3

Replacement of Kasambahay by PEA SEC 4

Termination of employer without valid ground Kasambahay has
remedy
Can kasambahay sue the employer? YES, before the Regional Office of
DOLE (RULE 11 Sec 1)
SEC 2
o he is entitled to his unpaid salary
o indemnity of damages equal to 15 days of salary
o NO REINSTATEMENT because of degree of trust between the employer
and Kasambahay

Can a foreigner organize and become the manager of a recruitment
agency?
NO, Illegal Recruitment includes - SEC 5 (n) To allow a non-Filipino citizen
to head or manage a licensed recruitment/ manning agency
o Why? THERE IS A POSIBILITY OF CONFLICT OF INTEREST foreigners are
deemed to be loyal to their country.
Filipino must manage a recruitment agency

INSTANCES OF ILLEGAL RECRUITMENT SEC 6

Criminal Who has jurisdiction? REGULAR COURT

What is the role of DFA? To be a representative of other country where
the OFW will be sent.

Is OFW can be used interchangeably with migrant workers?
SEC 2 IRR YES definition of terms

Seafarer

Manning Agency

SEC 5 definition of terms Manual of Regulations for Private Higher
Education

Non-Academic Personnel

Academic Personnel
Not only teaching they can also be in direct support

2 Manuals of Regulations
Manual of Regulations for Private Higher Education
Revised Manual of Regulations for Private Schools in Basic Education
Kindergarten Basic Education

Divers and Conductors entitled to rest period of at least 1 hour
exclusive of Meal Breaks, within a 12-hour shift.
The 1 hour rest period is

In fixing of performance for compensation, consider:
Based on safety requirements
Based on number of passage/ Ridership/ Business Performance

Hiring of Senior Citizen There is a tax incentive
Deduction to 15% of the total amount paid as salaries and wages to
senior citizens subject to the provision of SEC 34 of National Internal
Revenue Code (NIRC)

Distinguish homeworks and domestic workers