Labor 1 Recit Notes
Labor 1 Recit Notes
Labor 1 Recit Notes
(Labor Code, Art 139 – 150; RA 10361 or Batas Kasambahay + IRR; DO. 17-18)
RA 10361, SECTION 44. Repealing Clause — All articles or provisions of Chapter III
(Employment of Househelpers) of Presidential Decree No. 442, as amended and
renumbered by Republic Act No. 10151 are hereby expressly repealed. All laws, decrees,
executive orders, issuances, rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.
Renewal of contract (Sec 8, Rule II of IRR) – should the parties mutually agree to
continue their employment relationship upon expiration of the contract, they shall execute
a new contract to be registered with the concerned barangay pursuant to Rule IX of this
IRR.
However, if the parties fail to execute a new contract, the terms and conditions of
the original contract and other improvements granted during the effectivity of said
contract are deemed renewed.
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Rights of Kasambahay
Minimum wage (Wage Order No. ROVII-01, published on March 29, 2017) – for cities
and first class municipalities – P3, 000; for other municipalities – P2, 500.
Daily rest period (Sec 5, Rule IV) – the Kasambahay shall be entitled to an aggregate
daily rest period of eight (8) hours per day.
Weekly rest period (Sec 6, Rule IV) – the Kasambahay shall be entitled to at least
twenty-four (24) consecutive hours of rest in a week. The employer and the Kasambahay
shall agree in writing on the schedule of the weekly rest day but the preference of the
Kasambahay, when based on religious grounds, shall be respected.
Nothing in this provision shall deprive the Kasambahay and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
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Service incentive leave (Sec 7, Rule IV) – a Kasambahay who has rendered at least one
(1) year of service shall be entitled to an annual service incentive leave of at least five (5)
days with pay
Any unused portion of said annual leave shall not be cumulative or carried over to
the succeeding years. Unused leaves shall not be convertible to cash.
13th month pay (Sec 8, Rule IV) – the Kasambahay who has rendered at least one (1)
month of service is entitled to a thirteen-month pay which shall not be less than one-
twelfth (1/12) of his/ her total basic salary earned in a calendar year.
The thirteenth-month pay shall be paid not later than December 24 of every year
or upon separation from employment.
SS benefit (Sec 9, Rule IV) – A Kasambahay who has rendered at least one (1) month of
service shall be covered by the Social Security System (SSS), Employees Compensation
Commission (ECC), Philippine Health Insurance Corporation (PHILHEALTH), and
Home Development Mutual Fund or PAG-IBIG, and shall be entitled to all benefits in
accordance with their respective policies, laws, rules and regulations.
Benefits under the SSS include sickness, maternity, disability, retirement, death
and funeral. A unified benefit package under PHILHEALTH includes Inpatient Hospital
Care and Outpatient Care.
Mandatory premium payments or contributions shall be shouldered by the
employer. However, if the Kasambahay is receiving a monthly wage rate of Five
Thousand Pesos (Php5,000.00) and above, the Kasambahay shall pay the proportionate
share in the premium payments or contributions, as provided by law.
In the event the Kasambahay avails of certain loan privileges from PAG-IBIG
Fund which require the payment of additional or upgraded contributions, the said
additional or upgraded contributions shall be shouldered solely by the Kasambahay
The SSS, PAG-IBIG and PHILHEALTH shall develop a unified system of
registration and enrollment within six (6) months from the promulgation of this IRR.
Loan assistance (Sec 10, Rule IV) – An employer may agree to extend loan assistance to
the Kasambahay in an amount not exceed his/her six (6) months’ salary.
This section shall not apply to working children.
Deductions for loans (Sec 11, Rule IV) – By written agreement, the employer may
deduct the loans from the wages of the Kasambahay, which amount shall not exceed 20%
of his/her wages every month.
Standard of treatment (Sec 12, Rule IV) – The Kasambahay shall be treated with
respect by the employer or any member of the household. He/she shall not be subjected to
any kind of abuse, including repeated verbal or psychological, nor be inflicted with any
form of physical violence or harassment or any act tending to degrade his/ her dignity, as
defined under the Revised Penal Code, Violence Against Women and their Children Law
(RA 9262), Special Protection of Children Against Child Abuse, Exploitation and
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Discrimination Act (RA 7610) as amended by RA 9231, Anti-Trafficking in Persons Act
of 2003 (RA 9208), and other applicable laws.
Board, lodging, and medical assistance (Sec 13, Rule IV) – The employer shall provide
for the basic necessities of the Kasambahay, to include the following:
(a) At least three (3) adequate meals a day, taking into consideration the
Kasambahay’s religious beliefs and cultural practices;
(b) Humane sleeping condition that respects the persons’s privacy for live-in
arrangement; and
(c) Appropriate rest and medical assistance in the form of first-aid medicines, in case
of illnesses and injuries sustained during the service without loss of benefits.
For the Kasambahay under live-out arrangement, he/she shall be provided space
for rest and access to sanitary facility.
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Membership in labor organization
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Pay slip (Sec 2, supra)
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Post-employment
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Settlement of labor-related disputes
(See DOLE Labor Advisory No. 10-18) Labor Standards – the Kasambahay shall be
entitled to all the rights and benefits granted under RA 10361, as amended, unless
otherwise expressly provided.
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The employers are not prohibited from granting such other benefits in addition to the
minimum requirement of the law
Labor Standard Benefits – In addition to five (5) days Service Incentive Leave granted
under Article 95 of the Labor Code, as amended, the Kasambahay shall be entitled to
Special Leave Benefit (RA 9710), Solo Parent Leave (RA 8972), Violence Against
Women and Children (VAWC) Leave (RA 9262), provided he/she meets all the
conditions for entitlement.
For emphasis, to promote the welfare of the Kasambahay, it is highly encouraged the
dialogue between the Kasambahay and employer is integreal in the settlement of
disputes. Be guided accordingly.
Employment of Homeworkers
Arts. 151 to 153 of the Labor Code; DO No. 5 S, 1992; note Art. 98
CHAPTER IV
Employment of Homeworkers
ARTICLE 151. [153] Regulation of Industrial Homeworkers — The employment of
industrial homeworkers and field personnel shall be regulated by the government through
the appropriate regulations issued by the Secretary of Labor and Employment to ensure
the general welfare and protection of homeworkers and field personnel and the industries
employing them.
ARTICLE 153. [155] Distribution of Homework — For purposes of this Chapter, the
"employer" of homeworkers includes any person, natural or artificial who, for his account
or benefit, or on behalf of any person residing outside the country, directly or indirectly,
or through an employee, agent contractor, sub-contractor or any other person:
(1) Delivers, or causes to be delivered, any goods, articles or materials to be
processed or fabricated in or about a home and thereafter to be returned or to be
disposed of or distributed in accordance with his directions; or
(2) Sells any goods, articles or materials to be processed or fabricated in or about
a home and then rebuys them after such processing or fabrication, either by
himself or through some other person.
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working in their respective homes in needle work or in any cottage industry duly
registered in accordance with law.
(Bon: I think this is related to the regional minimum wages established, prohibition on
the diminution of benefits, forms of payment, etc)
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House helper v Homeworker
Works at the employer’s house Works at employee’s home
Renders personal service engaged in industrial work
Definition of terms:
Payment of Workers
o Gen rule: entitled to minimum wage
o Exception: Needlework under Art. 98
o Employers shall pay homeworkers immediately upon receipt of the
finished goods.
o Amount: work performed – homeworker’s share of SSS, PHILHEALTH
and ECC Premium contributions
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o If ER shall contract with another for the performance of HW’s work, he
shall be severally and jointly liable to homeworkers with the contractor, to
the extent that such work to be performed under a contract in the same
manner as if HWs were directly engaged by ER
o ER may require homeworker to redo the work improperly executed
without having to repay
o ER may not be liable to pay HW for goods returned due to fault
attributable to HW
o Standard Rates – Check Sec 7, supra
Note for (c): no employer or contractor shall make any deduction
from the HWs earning for the value of the materials which have
been lost, destroyed, soiled, or damaged UNLESS the following
conditions are met:
HW is clearly responsible
HW is given reasonable opportunity to show cause why
deductions should not be made
Cost shall not exceed actual loss or damage
Amount deducted is not less than 20% of the HW Worker’s
earning in a week
TITLE II
Employment of Non-Resident Aliens
ARTICLE 40. Employment Permit of Non-Resident Aliens — Any alien seeking
admission to the Philippines for employment purposes and any domestic or foreign
employer who desires to engage an alien for employment in the Philippines shall obtain
an employment permit from the Department of Labor.
The employment permit may be issued to a non-resident alien or to the applicant
employer after a determination of the non-availability of a person in the Philippines who
is competent, able and willing at the time of application to perform the services for which
the alien is desired.
For an enterprise registered in preferred areas of investments, said employment permit
may be issued upon recommendation of the government agency charged with the
supervision of said registered enterprise.
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ARTICLE 41. Prohibition against Transfer of Employment — (a) After the issuance of
an employment permit, the alien shall not transfer to another job or change his employer
without prior approval of the Secretary of Labor.
(b) Any non-resident alien who shall take up employment in violation of the provision of
this Title and its implementing rules and regulations shall be punished in accordance with
the provisions of Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be subject to deportation after service of his sentence.
(b) This prohibition shall equally apply to foreign donations, grants or other forms of
assistance, in cash or in kind, given directly or indirectly to any employer or employer's
organization to support any activity or activities affecting trade unions.
(c) The Secretary of Labor shall promulgate rules and regulations to regulate and control
the giving and receiving of such donations, grants, or other forms of assistance, including
the mandatory reporting of the amounts of the donations or grants, the specific recipients
thereof, the projects or activities proposed to be supported, and their duration.
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employee relationship between the Philippines based employer and the foreign national
where the former has the power to hire or dismiss the foreign national from employment,
pays the salaries or wages there of and has authority to control the performance or
conduct of the tasks and duties.
Other
Working Scholar (RA 7323, S. 1992, as amended by RA 9547, S. 2009, and further
amended by RA 10917)
RA 7796 TESDA Act of 1994; RA 7686 Dual Training System Act of 1994 see TESDA
Resolution No. 2019-01. Revised Dual Training System IRR,
CHED Memo Order No. 104, s. 2017 (expressly repealing CHED Memo Order No. 23,
S. 2009)
DOLE Advisory No. 09, S. 2017 (expressly repealing DOLE Advisory No. 08, S. 2016)
Questions:
1. Who is a working scholar?
the students who work for school in exchange for privilege to study free of
charge provided they are give the reasonable opportunity to finish the course.
under RA 10917, fifteen (15) years of age but not more than thirty-(30)
years old
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2. How long is the duration of work?
Students enrolled in the secondary level: only employed during summer
and/or Christmas vacations; from 10 – 15 days only.
the students who work for school in exchange for privilege to study free of
charge provided they are give the reasonable opportunity to finish the course.
Dual Training Act (TESDA Resolution No. 2019-01, published on March 15, 2019)
1. Meaning (Rule III, par. g) – a learning modality that provides in-school and in-
plant training interventions following a mutually-designed competency-based
curriculum and outcome-based training plan with prior notice and advice to the
local government unit concerned.
3. How much is the allowance? (Rule III, par. s) – xxx It shall, in no way, be less
than seventy-five percent (75%) of the applicable minimum daily wage for every
eight (8) hours actually spent by the trainee in the Establishment for the in-plant
training. The trainee’s allowance shall be computed based on eight (8) hours per
day.
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4. Components – 2 components; In-plant & In-school
- In-Plant Training (Rule III, par. n) is the portion of a DTS program where
trainees receive practical learning that may be integrated in the regular work
system of an Establishment whenever and wherever possible. xxx
- In-School Training (Rule III, par. o) the portion of a DTS program where
trainees receive technology-based theoretical instruction in a lecture area and
hands-on exercises in a laboratory and/or a workshop within the premises of a
TVI.
5. What are the training plan variations? – 2 variations; Block Release Scheme &
Day Release Scheme.
- Block Release Scheme refers to the schedule wherein the student/ trainee
spends full time in the TVI to finish the forty (40%) percent of the training
and then deployed full time in the establishment to complete the sixty (60%)
percent in-plant training
- Day Release Scheme refers to the schedule where the student/ trainee spends
two (2) days weekly in the school and the remaining working days of the
week in the establishment.
JobStart
1. Purpose
2. Who are covered
3. Stages
4. How much is there wages
5. What are their labors standards entitlements?
6. Minimum qualifications
7. 3 stages of training
8. What is meant by life-skill training? – 10 days
9. Does the Job Start trainee get allowance from the DOLE? For life-skill…
10. How much is the training allowance
11. Technical training (where will it be held; duration; allowance)
12. Job Start Internship (Venue; period; benefits and compensation (allowance/
stipend))
13. Daily duration of internship
14. Overtime allowed – yes – 2hrs
15. Paid for overtime – 25%
16. Work on holiday – twice stipend; requires his consent
17. Night shift differential – 10%
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Academic Personnel – Manual of Regulations
Non Academic Personnel – Labor Code
Definitions of Terms (CHED Memo)
Who are full time and part time Academic Personnel
When does he acquire regular of permanent employment (Art XXIV, Sec 118)
Period of Probation (Art , Sec 117)
BASIC EDUCATION – DepEd Order No. 88
Difference w/ CHED Memo
Full Time and part time employment – Sec 66
Period of Probation – Sec 63
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Rest Period
DOLE DO No. 156-16, S. 2016; see D.O. No. 196, S. 2018, amending Sec. 1, Rule V &
Sec. 1, Rule VI of DO No. 156-16, dated July 27, 2018)
Healthcare Industry
Health Personnel & Student-Trainees/ Intern; Apprentice; Resident Physicians;
Minimum Benefits
Hours of Work
Meal & Rest Periods
Night Work Schedules
Waiting Time
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Wage deductions
Compressed workweek Schemes
Occupational Safety & Health
Personal Protective Equipment
Social Welfare Benefits
Allowable Trainings
Volunteer Programs
RA 11165, Telecommuting Act, and Dole DO No. 202, s. 2019, IRR, published on April
24, 2019
Telecommuting
Alternative Workplace
Telecommuting Agreement & Stipulations
Duties & obligations of Employer
Rights of Telecommuting Employees And Obligations
Telecommuting Program
Resolution of Grievances
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the EC Program)
State Insurance Fund and its Liability
Proscription against double recovery; civil liability of employer (Arts. 1711-1712, Civil
Code)
“Going & Coming Rule & Proximity Rule”
“Bunkhouse Rule” (ECC Board Res. 12-01-02)
“Personal Comfort Doctrine” (ECC Board Res. 15-04-15)
Bureau of Working Conditions Occupations Occupationals Safety & Health Standards
(Arts. 162-165)
Relevant Rules:
DOLE DO No 178 S 2017, dated August 25, 2017 (Safety & Health Measures for
Workers who by Nature of Their Work, Have to Stand)
DOLE DO No 184, s 2017, dated October 18, 2017 (Safety & Health Measures for
Workers Who, by the nature of their work, have to spend long hours sitting) SEE ALSO
RA 11058 (Strengthening Compliance With Occupational Safety & Health Standards &
Providing Penalties) ALSO DOLE DO No 198, s 2018
Outline
State Policy
duties of the employer
Rights of the workers
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TOPIC 16: MIGRANT WORKERS & OVERSEAS FILIPINO ACT OF 1995, AS
AMENDED
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