LABOR STANDARDS When an employee volunteers to work on his. rest day under other circumstances, he may be allowed to do so, provided he expresses such desire in writing and he is paid the additional ‘compensation for working on his rest day (IRR of the LABOR CODE, Book I!!, Rule Ill, Sec. 6) ARTICLE 93: COMPENSATION FOR REST DAY, SUNDAY, OR HOLIDAY WORK Premium Pay or Differential Compensation v. Overtime Pay Premium pay \éfers(6 the additional compensation required by law to be paid for work performed within the regular eight (8) hours on non-working days, such as rest days and special holidays (Handbook on Workers’ Statutory Monetary Benefits, Bureau of Working Conditions, 2014, p.18). Overtime pay {eters io the additional compensation for work performed beyond or in excess of the regular eight (8) hours of daily work (Handbook on Workers’ Statutory Monetary. Benefits, Bureau of Working Conditions, 2014, p.18) Note: Premium pay and overtime pay are not mutually exclusive. Every employee who is entitled to premium pay is likewise entitled to the benefit of overtime pay if overtime work is actually rendered, Formula to Compute Wages on Holidays (Labor Advisory No. 2, (2014)) shall apply: a. If itis an employee's regular workday i. If unworked — (Daily rate + Cost of Living Allowance) x 100% ii, worked 1. 1st 8 hrs. ~ (Daily rate + COLA) x 200% 2. (es ot ne pip Ses the basic daily wage x 200% x 130% x number of hours worked) b. Ifitis an employee's rest day i. I unworked ~ (Daily rate + COLA) x 100% (ct If worked: | (—1. 18t8 hrs. — (Daily rate + COLA) x 200%] + [30% (Daily rate x 200%)] Excess of 8 hrs. - (Hourly rate of the basic dally wage x 200% E x 130% x 130% x number of hours worked) 2. For declared special days such as Special Non- Working Day, “Special Public Holiday, Special National Holiday, and nationwide special days, the following rules shall apply: a. If unworked - No pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked b. Ifworked i. 18t8 hrs. ~ (Dally rate x 130%) + COLA ii, Excess of & hrs. — (Hourly rate of the basic daily wage x 130% x 130% x number of hours worked) ©. Falling on the employee's rest day and if worked ii 1st hrs, ~ (Daily rate x 150%) + COLA iv. Excess of 8 hrs. - (Hourly rate of the basic daily wage x 150% x 130% x number of hours worked) 3. For those declared as special_working holidays, te folowing rules sappy F Work performed, an employee is entitled only to his basic rate b. No premium pay is required since work Performed on said days is considered work (on ordinary working days. Note: This article does not prohibit a stipulation in the CBA for higher benefits. List of Special Days 1. National a. All Saint's Day - November 1 b. Last Day of the Year - December 31 ©. Ninoy Aquino Day - Monday nearest August 24 (RA. 9492, July 25, 2007) 4d. Other days deciared by law 2, Local Those deciared by law or ordinance (e.g. Makati Day for Makati City only) Note: Holidays, except those which are religious in nature, afe moved to the nearest Monday, unless otherwise modified by law, order or proclamation (RA. 9492 or the Holiday Economies Law) Regular H v. Special Hol Compensable even if Not compensable if unworked subject ‘to | unworked! | certain conditions,” Limited to the 12 | Nat excuswe singe 8 enumerated by the | law or ordinance may Labor Code and special | provide for other special laws holidays!” Rate 1 200% of the |Rato is 130% of the | regular rate if worked/~ | regular wage if worked!” Please refer to the next page for the list of the regular holidaysLABOR RELATIONS Distinctions: Methods of Determining the Sole and Exclusive Bargaining Unit bade Tot pose is to determine the sole and exclusive bargaining agent of all the employees in an appropriate bargaining unit for the purpose of collective bargaining Thd-parpose’® to determine the issue of majority representation of all the workers in the appropriate collective bargaining unit mainly for the purpose determining the administrator of the CBA when ‘the contracting union suffered massive disaffiliation and NOT for the purpose of determining the bargaining agent for purposes of collective bargaining. ‘It takes place between the unions who received the two highest number of votes in a certification election with three (8) or more choices, where not one of| ‘the unions obtained the majority of the valid votes cast, provided that the total union votes is at least 50% of the votes cast the election, there is NO run-off election. of. Note:-If the “No Union” ‘option wins. in}. teeta tl C lg It requires a petition for certification election filed by a union or employer. A Med-Arbiter grants the petition and an election officer is designated by the Regional Director to supervise the election Note: Med-Arbiter may determine if there is employer-employee relationship and if the voters are eligible. Itis held by agreement of the unions with or without the participation of the Med- Arbiter, It takes place in-two instances: a. if one choice receives a plurality of vote and the remaining choices results in a tie; or if all choices received the same number of votes. In both instances, the NO UNION is also a choice. cents een b 2016 CENTRALIZED BAR OPERATIONS SAN BEDA COLLEGE OF LAW 137is SOCIAL LEGISLATION The members of the POEA governing board who actually voted in favor of an order allowing the deployment of migrant workers without any of the aforementioned guarantees shall suffer the penalties of removal or dismissal from service with disqualification to hold any appointive public office for five (5) years (RA. No. 8042, Sec. 4, as amended by R.A. No. 10022) Deployment The State shall also allow the deployment of overseas Filipino workers to: 1 Vessels navigating the foreigy seas or to installations located offshore or on high seas whose owners/employers are compliant with international laws and standards that protect, the rights of migrant workers*/\.,. a. a) Companies and contractors with international operations: provided, That they are compliant with standards, conditions and requirements, as embodied in the employment contracts. prescribed by the POEA and in accordance with internationally-accepted standards (R.A, No. 8042, Sec. 4,.as amended by R.A. No. 10022). Termination or Ban on Deployment In pursuit of the national interest or when public. welfare so requires, the POEA Goveming Board, after consultation with the Department of Foreign Affairs, may, at any time, terminate or impose a ban on the deployment of migrant workers (R.A. No. 8042, Sec. 5, as amended-by R.A. No. 10022). Illegal Recruitment (CEC-TUHP-RCPA) Any act of canvassing, ‘enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment.abroad, whether for profit or not, when undertaken: by non-licensee or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code’ -of ..the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers -or promises for a fee employment abroad to two or more persons shall be deemed so engaged (See Art. 38) Milegal_recruitment is also committed by one who sommits the following prohibited acts: \ %-—Fo-charge or accept directly. or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance; SAN BEDA COLLEGE OF LAW 274 2016 CENTRALIZED BAR OPERATIONS 11. 12. To furnish or publish any false notice or information or document in relation to recruitment or employment; To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to nonexistent work, work different from the actual overseas work, or work with a different employer whether registered or not with the POEA; To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed. to liberate a worker from oppressive terms and conditions of employment; To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or has contacted .or is supported by any union or workers’ organization; To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information .as. may be required by the Secretary of Labor and Employment; To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of ‘the Department of Labor and Employment; For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency; . To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations; Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment; Failure to reimburse expenses incurred by the worker in connection with his