Sunteți pe pagina 1din 10

Part 1. Constitutional Provisions SECTION 4.

No law shall be passed abridging the freedom of speech, of


expression, or of the press, or the right of the people peaceably to assemble
Article II. and petition the government for redress of grievances.
SECTION 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people SECTION 8. The right of the people, including those employed in the public
from poverty through policies that provide adequate social services, promote and private sectors, to form unions, associations, or societies for purposes not
full employment, a rising standard of living, and an improved quality of life contrary to law shall not be abridged.
for all.
The Workers Basic Rights
SECTION 10. The State shall promote social justice in all phases of national
development. Right to participate in policy & decision-making processes affecting
their rights and benefits as may be organized by law.
SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights. Right to Organize themselves

SECTION 13. The State recognizes the vital role of the youth in nation- Right to Work under humane conditions
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism Right to engage in peaceful concerted activities including strike in
and nationalism, and encourage their involvement in public and civic affairs.
accordance in law.
SECTION 14. The State recognizes the role of women in nation-building,
Right to enjoy security of tenure
and shall ensure the fundamental equality before the law of women and men.

SECTION 18. The State affirms labor as a primary social economic force. It Right to receive a living wage
shall protect the rights of workers and promote their welfare.
Right to share in the fruits of production
SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed Right to conduct collective bargaining or negotiation with
investments. management

Article XIII

Article III SECTION 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and
SECTION 1. No person shall be deprived of life, liberty, or property without equality of employment opportunities for all.
due process of law, nor shall any person be denied the equal protection of the
laws. It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also Art. 1701. Neither capital nor labor shall act oppressively against the other,
participate in policy and decision-making processes affecting their rights and or impair the interest or convenience of the public.
benefits as may be provided by law.
Art. 1702. In case of doubt, all labor legislation and all labor contracts shall
The State shall promote the principle of shared responsibility between be construed in favor of the safety and decent living for the laborer.
workers and employers and the preferential use of voluntary modes in
Art. 1703. No contract which practically amounts to involuntary servitude,
settling disputes, including conciliation, and shall enforce their mutual
under any guise whatsoever, shall be valid.
compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, PART 2 - General Principles
recognizing the right of labor to its just share in the fruits of production and Article 1. Name of Decree. This Decree shall be known as the "Labor Code
the right of enterprises to reasonable returns on investments, and to of the Philippines".
expansion and growth.
Article 2. Date of effectivity. This Code shall take effect six (6) months after
SECTION 14. The State shall protect working women by providing safe and its promulgation.
healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and Article 3. Declaration of basic policy. The State shall afford protection to
enable them to realize their full potential in the service of the nation. labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers and
LABOR CODE as amended employers. The State shall assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of
Article 3. Declaration of basic policy. The State shall afford protection to work.
labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers and Management Prerogative are granted to the employer to regulate every
employers. The State shall assure the rights of workers to self-organization, aspect of their business, generally without restraint in accordance with their
collective bargaining, security of tenure, and just and humane conditions of own discretion and judgment. This privilege is inherent in the right of
work. employers to control and manage their enterprise effectively.

Limitations to the exercise of these prerogatives:


1. Should be done in good faith.
CIVIL CODE PROVISION related to LABOR: 2. Should not be tainted with unfair labor practive
SECTION 2. - Contract of Labor (n) 3. Subject to limitations set by law, CBA, employment contract,
employer policy, practice & general principles of fair play & justice.
Art. 1700. The relations between capital and labor are not merely contractual. 4. Subject to police power
They are so impressed with public interest that labor contracts must yield to 5. Should be without abuse of discretion.
the common good. Therefore, such contracts are subject to the special laws
on labor unions, collective bargaining, strikes and lockouts, closed shop, >Prescriptive Period of ULP (1 year - 365 days)
wages, working conditions, hours of labor and similar subjects. Article 4. Construction in favor of labor. All doubts in the implementation
and interpretation of the provisions of this Code, including its
implementing rules and regulations, shall be resolved in favor of labor.
Article 5. Rules and regulations. The Department of Labor and other agency shall take appropriate measures to make emergency rules known
government agencies charged with the administration and enforcement of to persons who may be affected by them. (Emphasis supplied, Chapter 2,
this Code or any of its parts shall promulgate the necessary implementing Book VII of the Administrative Code of 1987).
rules and regulations. Such rules and regulations shall become effective
fifteen (15) days after announcement of their adoption in newspapers of If rules & regulations are contrary to substantive law, they are
general circulation. deemed ultra vires issuances. Substantive law shall prevail.

Complete publication; if there are two part, the effectivity shall be Article 6. Applicability. All rights and benefits granted to workers under this
from the time of complete publication Code shall, except as may otherwise be provided herein, apply alike to all
workers, whether agricultural or non-agricultural. (As amended by
1st day excluded in counting; Sec 13 of the Civil Code Presidential Decree No. 570-A, November 1, 1974)

Art. 13. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and nights Section 282 of the Labor Code as amended: Article 282. Government
from sunset to sunrise. employees. The terms and conditions of employment of all government
If months are designated by their name, they shall be employees, including employees of government-owned and controlled
computed by the number of days which they respectively have. corporations, shall be governed by the Civil Service Law, rules and
In computing a period, the first day shall be excluded, and the regulations. Their salaries shall be standardized by the National Assembly as
last day included. provided for in the New Constitution. However, there shall be no reduction
Additional requirement copy should be provided to the UP LAW of existing wages, benefits and other terms and conditions of employment
Center (Office of National Administrative Register); PASEI vs. being enjoyed by them at the time of the adoption of this Code.
TORRES G.R. No. 101279 August 6, 1992
ART IX-B of the Constitution
Sections 3(1) and 4, Chapter 2, Book VII of the Administrative Code SECTION 2. (1) The civil service embraces all branches, subdivisions,
of 1987 which provide: instrumentalities, and agencies of the Government, including government-
owned or controlled corporations with original charters.
Sec. 3. Filing. (1) Every agency shall file with the University of
GOCC with original Charter - CSC has jurisdiction
the Philippines Law Center, three (3) certified copies of every rule - GOCCs with Orig charter; created via a special law
adopted by it. Rules in force on the date of effectivity of this Code
which are not filed within three (3) months shall not thereafter be the GOCCs with no original Charter registered with the SEC
basis of any sanction against any party or persons. (Emphasis - Labor disputes are under the LAs jurisdiction
supplied, Chapter 2, Book VII of the Administrative Code of 1987.) - If dispute involves Corporate Officer, the courts have jurisdiction
- RTC has jurisdiction over intra & inter-corporate controversies;
Sec. 4. Effectivity. In addition to other rule-making requirements prior to July 2000, SEC had jurisdiction. Effective 8/8/2000, RA
provided by law not inconsistent with this Book, each rule shall become 8799 transferred jurisdiction from SEC to RTC
effective fifteen (15) days from the date of filing as above provided unless
a different date is fixed by law, or specified in the rule in cases of Who are Corporate Officers?
imminent danger to public health, safety and welfare, the existence of - If their position is provided for under the Corporation Code
which must be expressed in a statement accompanying the rule. The (President, Treasurer, Secretary)
- If their position is found in the by laws - [RTC] where the offended party actually resides at the same time of the
commission of the offense: Provided, That the court where the criminal
Cases: Matling vs. Coros G.R. 157802; Oct. 23, 2010 action is first filed shall acquire jurisdiction to the exclusion of other courts.
Provided, however, That the aforestated provisions shall also apply to those
Who has jurisdiction over ADB Employees, Internal Organization criminal actions that have already been filed in court at the time of the
Employees, UN Employees or Specialized Agencies? effectivity of this Act.
- They have internal mechanisms to resolve controversies and for File with the appropriate prosecutors office
adjustment of disputes
- If they are performing proprietary functions, courts may have
jurisdiction ILLEGAL RECRUITMENT
- They are immune entities; labor law does not apply to them Two Kinds of Illegal Recruitment
1. Simple Illegal Recruitment
2. Qualified Illegal Recruitment (Illegal Recruitment that constitutes
economic sabotage)
a. Illegal Recruitment by a Syndicate there are at least 3
perpetrators conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or
scheme defined under the first paragraph of Art 38 of the Labor
Code as amended.
PART 3 Law on Overseas Employment b. Illegal Recruitment of a Large Scale there are at least 3 victims
or if committed against three (3) or more persons individually or
Commision on Filipinos Overseas commission under DFA that monitors as a group (Art 38 of the Labor Code as amended).
Filipinos Overseas
Sec. 7 of RA 8042 as amended by RA 10022
Overseas Filipinos monitored by the POEA
PENALTIES
Sec 8 of RA 8042 as amended by RA 10022 1. Penalty for Simple Illegal Recruitment Imprisonment of not less
SEC. 8 PROHIBITION ON OFFICIALS AND EMPLOYEES. It shall than 12 years & 1 day but not more than 20 years and a fine of not
be unlawful for any official or employee of the Department of Labor and less than 1M but not more than 2M.
Employment (DOLE), the Philippine Overseas Employment Administration 2. Penalty for Illegal recruitment involving economic sabotage
(POEA), or the Overseas Workers Welfare Administration (OWWA), or the Life Imprisonment and a fine of not less than 2M nor more than 5M
Department of Foreign Affairs (DFA), or other government agencies shall be imposed
involved in the implementation of this Act, or their relatives within the Maximum penalty shall be imposed if the victim illegally recruited is
fourth civil degree of consanguinity or affinity, to engage, directly or less than 18 years of age or if the illegal recruitment is committed by
indirectly, in the business of recruiting migrant workers as defined in this a non-licensee or non-authority holder
Act. The penalties shall be imposed upon them. 3. Penalty for Prohibited Acts Imprisonment of not less than 6 years
and 1 day nor more than 12 years and a fine of not less than 500K
Sec 9 of RA 8042 as amended by RA 10022 nor more than 1M.
SEC. 9. VENUE. A criminal action arising from illegal recruitment as
defined herein shall be filed with the: Money Claims - Apply the reasonable causal connection test
- Regional Trial Court of the province or city where the offense was No Employer/Employee relationship No basis to award Book III
committed; or Benefits; No reasonable causal connection LA/LT has no jurisdiction
If there is Employer/Employee relationship There is basis to award Within 30 days from approval of the appropriate authorities of the
Book III Benefits; LA/LT has jurisdiction Compromise Agreement (previously 4 months).

Money claims of OFWs as of 15 July 1995 Ex. If LA awarded Monetary Award of 500K Money Claim, 500K Monetary
Pre Employment Cases POEA Award, 50K Exemplary damage, 10% Attorneys Fees
Q: If you file a bond, what will be the basis?
Ex. X was promised a job in Japan but instead landed in Gapan, A: Only the 500K Monetary Claim (excluded MD, ED & AF)
Nueva Ecija; this is a pre-employment case (POEA has jurisdiction)
Q: What if you get awarded only nominal damages? Do you need to post a
Y was promised work in Saudi but instead landed in Laoag; this is a bond?
pre-employment case (POEA has jurisdiction) A: No!

If with Employer/Employee Relationship with LA; Regional Par 5 Sec 10 (RA 8042 as amended by RA 10022)
Arbitration Branch of the NLRC (DOLE Regional Office) Serrano vs. Gallant Maritime (March 24, 2009); par. 5 of Sec 10 of
RA 8042 was declared unconstitutional
Sec 10 of RA 8042 as amended by RA 10022 When RA 10022 was passed by Congress in March 2010, it restored
Par 1 Sec 10 (RA 8042 as amended by RA 10022) par 5 of Sec 10 of RA 8042 (virtually restored the unexpired portion
SEC. 10. Money Claims. - Notwithstanding any provision of law to the & 3 months rule)
contrary, the Labor Arbiters of the National Labor Relations Commission In August 5, 2014, in Sameer Overseas Placement Agency Inc. vs.
(NLRC) shall have the original and exclusive jurisdiction to hear and decide, Cabiles (G.R. 170139), par 5, Sec. 10 of RA 8042 as amended by RA
within ninety (90) calendar days after the filing of the complaint*, the 10022 was again declared unconstitutional.
claims arising out of an employer-employee relationship or by virtue of any If No illegal dismissal no basis to award the unexpired portion of
law or contract involving Filipino workers for overseas deployment including the contract
claims for actual, moral, exemplary and other forms of damage. If there is illegal dismissal, there is basis to award the unexpired
Consistent with this mandate, the NLRC shall endeavor to update and keep portion of the contract
abreast with the developments in the global services industry.
Par 7 Sec 10 (RA 8042 as amended by RA 10022)
-*with the Regional Arbitration Branch Noncompliance with the mandatory periods for resolutions of case
provided under this section shall subject the responsible officials to any or all
Par 2 Sec 10 (RA 8042 as amended by RA 10022) of the following penalties:
Liability of the Principal/Foreign Employer & the "(a) The salary of any such official who fails to render his decision or
recruitment/placement agency for any and all claims under the resolution within the prescribed period shall be, or caused to be,
Migrant Workers Act shall be joint & several or solidary withheld until the said official complies therewith;
REASONs: "(b) Suspension for not more than ninety (90) days; or
1. Public policy (Protection of our OFWs) "(c) Dismissal from the service with disqualification to hold any
2. On jurisdictional grounds appointive public office for five (5) years.
Officers and directors of the corporation are solidarily liable with the "Provided, however, That the penalties herein provided shall be
Corporation without prejudice to any liability which any such official may have incurred
Partners are solidarily liable with the partnership under other existing laws or rules and regulations as a consequence of
violating the provisions of this paragraph."
Par 4 SEC 10 (RA 8042 as amended by RA 10022). Period within which to
pay based on a compromise agreement Sec. 11 of RA 8042 as amended by RA 100222
Preliminary Investigations of cases under abovementioned act shall Art. 35 Suspension and/Or Cancellation of License or Authority - The
be terminated within a period 30 days from the date of their filing. Minister of Labor shall have the power to suspend or cancel any license or
If Prima facie case is established: authority to recruit employees for overseas employment for violation of rules
IF PI is conducted by Prosecution Officer the information shall be and regulations issued by the Ministry of Labor, the Overseas Employment
filed within twenty-four hours (24) from termination of the Development Board, or for violation of the provisions of this and other
investigation. applicable laws, General Orders and Letters of Instructions.
If PI is conducted by a judge the information shall be filed by the
prosecution officer within forty-eight (48) hours from the date of Art. 36 Regulatory Power Secretary of Labor have the power to restrict
receipt of the records of the case. and regulate the recruitment and placement activities of all agencies within
the coverage of Title I of Book 1.
Sec. 12 of RA 8042 as amended by RA 100222 - Sec. of Labor shall also be authorized to issue orders and
PRESCRIPTION: promulgate rules and regulations to carry out the objectives and
Illegal Recruitment cases (Simple) 5 years from accrual or implement the provisions of this Title (I).
commission
Illegal Recruitment involving economic sabotage 20 years from Art. 37 Visitorial Power The Secretary of Labor or his duly authorized
accrual or commission representatives may, at any time, inspect the premises, books of accounts and
records of any person or entity covered by this Title, require it to submit
ESCROW necessary when applying for authority of license with the reports regularly on prescribed forms, and act on violation of any provisions
POEA or in renewing an authority or license of this Title.
- amount of money you deposit to answer for liabilities to be paid
to an OFW Art. 38 (a) Any recruitment activities, including the prohibited practices
- To be set up by the recruitment agency enumerated under Article 34 of this Code, to be undertaken by non-licensees
- There are 3 signatories: or non-holders of authority, shall be deemed illegal and punishable under
1. Authorized representative of the POEA Article 39 of this Code (Repealed by RA 8042, Sec 7). The Department of
2. Authorized representative of the applicant/receiving Labor and Employment or any law enforcement officer may initiate
agency complaints under this Article.
3. Authorized representative of the bank where the (b) Illegal recruitment when committed by a syndicate or in large scale shall
money/amount is to be deposited. be considered an offense involving economic sabotage and shall be penalized
in accordance with Article 39 hereof (Repealed by RA 8042, Sec 7).
NAME HIRING process by which a name hire is employed
NAME HIRE one who through his/her own effort was able to secure a (c) POWERS of the Secretary of Labor DECLARED
foreign employer without assistance of a placement agency UNCONSTITUTIONAL
1. Power to cause arrest & detention
DIRECT HIRING as a general rule is not allowed for two reasons: 2. Power to order the search of the office or premises and
a. The would be employer is not assured that he will get the most seizure of documents, paraphernalia, properties & other
skilled employee implements used in illegal recruitment activities
b. An employee is not assured the best terms & conditions
POWER to issue CLOSURE ORDERS by the Secretary of Labor not
EXCEPTIONS: included in the powers declared unconstitutional
Hiring of Intl Organizations, diplomatic corps, UN, employers - Still subsists; Salazar vs. Achacoso GR. 81510, March 14, 1990
expressly allowed by the Secretary of Labor to hire directly
Part 5 Law on Working Conditions cannot use the time effectively and gainfully for his own
purpose.
Employees covered applicable to all employees in all establishments
whether operated for profit or not. TRAVEL FROM HOME TO WORK generally not considered
hours worked and not compensable since it is a normal incident of
employment
Who are not entitled to Book III Rights: ART 82 of the Labor Code as TRAVEL THAT IS ALL in DAYS WORK time spent by an
Amended (GMODWFM) employee in travel as part of his principal activity like travel from
Government Employees jobsite to jobsite during the work day (Compensable).
Managerial Employees TRAVEL AWAY FROM HOME travel that keeps an employee
Other officers and members of a managerial staff away from home overnight.
Domestic Helpers and persons in the Service of Another - work time when it cuts across an employees workday because it
Workers who are paid by results substitutes for the hours the employee should have been in the
Non-agricultural Field Personnel office.
Members of the Family of the Employer who are dependent on him
Art. 85. Meal Periods.
for support
- An employer shall give an employee not less than sixty (60)
minutes for their regular meals.
Book III of the Labor Code
Art. 86. Night shift differential
Art. 83. Normal Hours of Work
- Not less than 10% of his regular wage for each hour of work
- Shall not exceed eight (8) hours a day
performed between ten oclock in the evening and six oclock in
- Health personnel in cities or municipalities with a population of
the morning.
at least one million (1,000,000) or in hospitals and clinics with a
Art. 87. Overtime work
bed capacity of at least one hundred (100) normal hours of
- Work may be performed beyond eight (8) hours provided the
work shall be eight (8) hours a day, for five (5) days a week,
employee is paid for the overtime work, an additional
exclusive of time for meals except:
compensation of at least 25% of his regular wage.
o When the exigencies of the service require that such
- If the work is performed on a holiday or rest day, additional
personnel work for six (6) days or forty-eight (48) hours compensation is at least thirty (30%) of the regular wage.
in w/c case, they shall be entitled to 30% of their regular Art. 88. Undertime not offset by overtime Non-offsetting rule
wage for work on the 6th day. Art. 89. Emergency overtime work
Art. 84. Hours Worked. Art. 90. Computation of additional compensation Regular wage shall
- All the time that an employee is required to be on duty or to be at include cash wage only
a prescribed work place.
- Rest periods of short duration during working hours shall be Art. 91. Right to weekly rest period
counted as hours worked. - It is the employers duty whether operating for profit or not to
- If waiting is an integral part of the job (engaged to wait vs. provide a rest period of not less than twenty-four (24)
waiting to be engaged) i.e. driver, it is considered hours worked. consecutive hours after every six (6) consecutive normal work
- If made to wait and the activity inures to the benefit of the days.
employer, it is considered hours worked and is compensable. - The employer shall respect the preference of employees as to
- Working while on call an employee who is required to remain their weekly rest day when such is based on religious grounds.
on call in the employers premises or so close thereto that he Art. 92. When employer may require work on a rest day
Art. 93. Compensation for the rest day, Sunday or holiday work
- Where an employee is made to work on his scheduled rest day, employees/continuous or broken) is entitled to a yearly service
he shall be paid an additional compensation of at least thirty incentive leave of five (5) days with pay.
(30%) percent of his regular wage - This shall not apply to those already enjoying service incentive
- An employee shall be entitled to such additional compensation leave of at least five days or to establishments regularly
for work performed on Sunday only when it is his established employing less than ten (10) employees or in establishments
rest day. exempted from granting this benefit by the Secretary of Labor or
Art. 94. Right to holiday pay Employment.
- Every worker is entitled to be paid his regular daily wage except - The grant of benefit in excess of that provided herein shall not be
in retail and service establishments regularly employing less made a subject of arbitration or any court or administrative
than 10 workers; action.
- If retail and service establishment employs exactly 10 - Serves as motivation or encouragement/for the well being of
workers, the workers are entitled to Holiday pay employees
- An employee who works on a holiday shall be paid Art. 96. Service charge
compensation equivalent to twice his regular rate - Distribution shall be at the rate of 85% for all covered employees
and 15% for management (for losses and breakages).
Double Holiday PP = 300% (RW + 200%) according to the - The share of the employees shall be distributed equally among
DOLE Explanatory Bulletin them.
ABSENCES - If abolished, the service charge shall be considered integrated in
- Employee on Leave of absence with pay entitled to the benefit their wages.
provided therein
- Employee on leave of absence without pay on the day
immediately preceding a regular holiday may not be paid the RA 9262 ANTI VIOLENCE AGAINST WOMEN AND THEIR
required holiday pay if he has not worked on such regular CHILDREN ACT OF 2004
holiday.
- Where the day immediately preceding the holiday is a non- (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
working day in the establishment or the scheduled rest day of the psychological and behavioral symptoms found in women living in battering
employee, he shall not be deemed to be on leave of absence on relationships as a result of cumulative abuse.
that day, in which case he shall be entitled to the holiday pay if
he worked on the day immediately preceding the non-working Sec. 43. Entitled to Leave. Victims under this Act shall be entitled to take
day or rest day. 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,
SUCCESSIVE Regular Holidays When there are 2 successive holidays, extendible when the necessity arises as specified in the protection order.*
like Holy Thursday or Good Friday, an employee may not be paid for both
holiday if he absents himself from work on the day immediately preceding *if unused Not convertible to cash
the first holiday, unless he works on the first holiday, in which case, he is
entitled to a holiday pay on the second holiday. To be entitled to 2 successive
holidays, employee must: 1) be present on the day immediately preceding the RA 8972 SOLO PARENTS WELFARE ACT OF 2000
1st holiday; or 2) be on leave with pay.
(a) "Solo parent" any individual who falls under any of the following
Art. 95. Right to service incentive leave categories:
- Every employee who has rendered at least one year of service
(does not distinguish between full time or part time
(1) A woman who gives birth as a result of rape and other crimes Section 6. Flexible Work Schedule. - The employer shall provide for a
against chastity even without a final conviction of the offender: flexible working schedule for solo parents: Provided, That the same shall not
Provided, That the mother keeps and raises the child; affect individual and company productivity: Provided, further, That any
(2) Parent left solo or alone with the responsibility of parenthood due employer may request exemption from the above requirements from the
to death of spouse; DOLE on certain meritorious grounds.
(3) Parent left solo or alone with the responsibility of parenthood
while the spouse is detained or is serving sentence for a criminal Section 8. Parental Leave. - In addition to leave privileges under existing
conviction for at least one (1) year; laws, parental leave of not more than seven (7) working days every year shall
(4) Parent left solo or alone with the responsibility of parenthood due be granted to any solo parent employee who has rendered service of at least
to physical and/or mental incapacity of spouse as certified by a one (1) year.
public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due *if unused Not convertible to cash
to legal separation or de facto separation from spouse for at least one
(1) year, as long as he/she is entrusted with the custody of the
children;
(6) Parent left solo or alone with the responsibility of parenthood due PAYMENT OF WAGES
to declaration of nullity or annulment of marriage as decreed by a Who Sets Minimum Wage
court or by a church as long as he/she is entrusted with the custody 1. Regional Tripartite and Productivity Boards
of the children; 2. Congress
(7) Parent left solo or alone with the responsibility of parenthood due
to abandonment of spouse for at least one (1) year; Art. 102. Forms of Payment No employer shall pay the wages of an
(8) Unmarried mother/father who has preferred to keep and rear employee by means of promissory notes, vouchers, coupons, tokens, tickets,
her/his child/children instead of having others care for them or give chits or any object other than legal tender, even when expressly requested by
them up to a welfare institution; the employee.
(9) Any other person who solely provides parental care and support - Payment of checks allowed if it is customary or if necessary
to a child or children; because of special circumstance as specified in appropriate
(10) Any family member who assumes the responsibility of head of regulations to be issued by the Sec. of the DOLE or as stipulated
family as a result of the death, abandonment, disappearance or in a collective bargaining agreement.
prolonged absence of the parents or solo parent.
Art. 103. Time of Payment wages shall be paid at least once every two
A change in the status or circumstance of the parent claiming weeks or twice a month at intervals not exceeding 16 days.
benefits under this Act, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for these Art. 104. Place of Payment Payment of wages shall be made at or near the
benefits. place of undertaking, except as otherwise provided by such rules and
regulations as the Secretary of Labor and Employment may prescribe under
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to conditions to ensure greater protection of wages.
enable him/her to perform parental duties and responsibilities where physical
presence is required. * Art. 105. Direct Payment of Wages Wages shall be paid directly to
workers to whom they are due.
(e) "Flexible work schedule" - is the right granted to a solo parent
employee to vary his/her arrival and departure time without affecting the core
work hours as defined by the employer. WAGE DISTORTION non-strikable issue
Article 281. Probationary employment. Probationary employment shall not
Art. 106. Whenever an employer enters into a contract with another person exceed six (6) months from the date the employee started working, unless it
for the performance of the formers work, the employees of the contractor is covered by an apprenticeship agreement stipulating a longer period. The
and of the latters subcontractor, if any, shall be paid in accordance with the services of an employee who has been engaged on a probationary basis may
provisions of this Code. be terminated for a just cause or when he fails to qualify as a regular
In the event that the contractor or subcontractor fails to pay the employee in accordance with reasonable standards made known by the
wages of his employees in accordance with this Code, the employer shall be employer to the employee at the time of his engagement. An employee who
jointly and severally liable with his contractor or subcontractor to such is allowed to work after a probationary period shall be considered a regular
employees to the extent of the work performed under the contract, in the employee.
same manner and extent that he is liable to employees directly employed by
him. JUST CAUSES:
Article 288. Termination by employer. An employer may terminate an
Labor only contracting when the person supplying the workers to an employment for any of the following causes:
employer does not have substantial capital or investment in the form of tools (a) Serious misconduct or willful disobedience by the employee of the
(T), equipment (E), machineries or work Premises (P), among others, and the lawful orders of his employer or representative in connection with
workers recruited and placed by such person are performing activities which his work;
are directly related to the principal business of such employer. In such cases, (b) Gross and habitual neglect by the employee of his duties;
the person or intermediary shall be considered merely an agent of the (c) Fraud or willful breach by the employee of the trust reposed in him
employer who shall be responsible to the workers in the same manner and by his employer or duly authorized representative;
extent as if the latter were directly employed by him. (d) Commission of a crime or offense by the employee against the person
of his employer or any immediate member of his family or his duly
authorized representatives; and
Probationary Employees may be dismissed on two grounds: (e) Other causes analogous to the foregoing.
1. Just and Authorized Causes
2. Failure to cope/reach that reasonable standard of performance which Analogous Causes under established jurisprudence
is an integral part of the probationary contract(Otherwise this cannot 1. Violation of company rules & regulations.
be invoked as a ground to dismiss the probationary employee); the 2. Theft of property owned by a co-employee, as distinguished
contract of probationary employment is the gauge on whether the from theft of property owned by the employer.
probationary employee is entitled to be regularized; if there is no 3. Incompetence, inefficiency or ineptitude.
notice that he did not qualify, he is deemed regularized by operation 4. Failure to attain work quota.
of law 5. Failure to comply with weight standards of employer. (?!)
6. Attitude problem is analogous to loss of trust and confidence.
Who is regular employee:
1. A employee who is allowed to work after a probationary period (you STRIKE temporary stoppage of work by the concerted action of
are a regular employee on the 181st day) employees as a result of an industrial or labor dispute.
2. A casual employee who has worked for 1 year whether continuous or
broken