HOSPITALITY AT
WORK
JORDAN M. CABAGUING
INSTRUCTOR
Labor Law
Includes all the rules of law governing the
conditions under which persons may work
under the control of other persons called
employers. It also pertains to the labor
standards and labor relation laws
governing hours of work, weekly rest
periods, minimum wage rates, unfair labor
practices, strikes and lockouts.
Distinctions between labor
Standards and Labor Relations
Labor Standards prescribe the terms and
conditions of employment as affecting wages or
monetary benefits, hours of work, cost of living
allowances, occupational health, safety and welfare
of the workers.
Labor Relations is used to denote all matters
arising out of employer-employee relationship
involving the concerted action on the part of the
workers which is usually related to collective
bargaining and negotiation process.
Classification of Labor Laws
1. Protective Legislation. It is designed to protect
the weaker party to the employment contract.
Examples: Anti-Sexual Harassment laws, Child Labor
Laws, Laws protecting women against discrimination.
2. Welfare of Social Legislation. It is intended to
remove or reduce the insecurity of the workers while
the latter are not at work due to hazard arising from
employment. Examples: SSS Law, PAG-IBIG,
Workmen’s Compensation.
Classification of Labor Laws
3. Diplomatic Legislations. Those designed to
settle labor disputes through pacific modes.
Examples: Laws providing for a conciliation,
mediation, grievance machinery or arbitration.
4. Administrative Legislations. Those laws
creating labor bodies or agencies for
administrative purposes. Examples: POEA,
DOLE, NLRC or TESDA
Classification of Labor Laws
5. Labor Relations Legislations. Those passed
prescribing minimum requirements relating to wages,
hours of work, cost of living allowances, and other
monetary and welfare benefits including occupational
safety and health standards.
6. Labor Standards Legislations. Those passed
describing minimum requirements relating to wages,
hours of work, cost of living allowances, and other
monetary and welfare benefits including occupational
safety, and health standards.
Protection of Labor Clause
Section 3, Article XIII of the 1987
Constitution states that:
“The State shall afford full protection to
labor, local, and overseas, organized and
unorganized, and promote full employment
and equality of employment opportunities
for all”
Furthermore, it is also stated in the same section and
article of the constitution that:
“The State 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
participate in policy and decision-making process affecting their
rights and benefits as may be provided by law”.
Employees should not be deprived
from their rights….
Form and join an organization
Collective Bargaining and Negotiation
Peaceful concerted activities
Security of tenure
Humane conditions of work
Living wage
Section 3, Art XIII of the 1987 Constitution
“The State shall promote the principle of
shared responsibility between workers
and employers and the preferential use
of voluntary modes in settling
disputes, including conciliation, and shall
enforce their mutual compliance therewith
to foster industrial peace”
Also stated in Section 3, Article XIII of the
1987 constitution
“The State shall regulate the relations
between workers and employer, recognizing
the right of labor to its just share in the
fruits of production and the right of
enterprise to reasonable returns on
investment, and to expansion and growth”.
Four-Fold Test to determine the
Employee-Employer Relationship
Todetermine the existence of the employee-
employer relationship, the following should be
considered: (1) manner of selection and
engagement of the putative employee; (2)
mode of payment of wages, (3) presence of or
absence of the power of dismissal, (4) presence
or absence of a power to control the putative
employee’s conduct.
Article 1315 of the New Civil Code emphasizes
the nature of employee and employer. According
to the code, the rights and obligations arising from
employee-employer relationship are contractual in
character. As such, the parties are bound not only
to fulfillment of what has been expressly stipulated
but also to all other consequences which,
according to their nature, may be in keeping with
good faith, usage and law.
Article 1700 however provides that the relations
between capital and labor are not merely
contractual. They are also impressed with public
interest that labor contracts must yield to the
common good. Such contracts are subject to the
special laws on labor unions, collective bargaining,
strikes and lockouts, closed shop, wages, working
conditions, hours of labor and similar subjects.
Classification of Employees
Employees may be classified as
follows: Special Workers, Casual
Employees, Specific Project or
Seasonal Employees, Probationary,
Regular, Managerial
Special Workers may be classified as
Apprentices, learners and handicapped.
❑ Apprentice. Article 58 (b) of the Labor
Code of the Philippines or PD 442 defined
the term as a worker who is covered by a
written apprenticeship agreement with an
individual employer or any of the entitled
recognized under the law.
Article 59 of the same Code provides that to
qualify as an Apprentice, a person should:
1. At least 14 years old;
2. Possess vocational aptitude and capacity for
appropriate tests, and
3. Possess the ability to comprehend and follow oral
and written instructions.
Learners are persons hired as trainee in semi-
skilled and other industrial occupations which
are non-appreticeable and may be learned
through OJT in relatively short period of time
that shall not exceed three (3) months (Art 73,
Labor Code of the Philippines).
Article 79 of the Labor Code of the Philippines
provides that Handicapped Workers are those
who are impaired either by age, physical or mental
deficiency, or injury.
Casual Employees are those who perform
activities which are not usually necessary or
desirable in the usual trade or business of the
employer. The obligation of the employer over the
employees terminate as soon as the contract
expires.
Specific Project or Seasonal Employees are
persons who perform work or services which are
seasonal in nature.
Probationary Employee are those who are
employed on a trial basis. A probationary
employment does not exceed six (6) months from
the date the employee started working.
Regular Employees are persons who perform
activities, which are usually necessary or desirable
in the usual business or trade of the employer.
Managerial Employees are those who meet the
following conditions: (1) The primary duty consists
of the management of the establishment in which
they are employed or of a department or
subdivision thereof, (2) They customarily and
regularly direct the work of two or more
employees therein, (3) They have the authority to
hire or fire other employees of lower rank.
Domestic Servant is defined under Sec 2d, Rule
1, Rules Implementing the Labor Code as persons
in the personal service of another are those who
perform services in the employer’s home which are
usually necessary or desirable for the maintenance
and employment thereof, or minister to the
personal comfort, convenience or safety of the
employer as well as the members of his employer’s
household.
Sec. 27, Rule II, Book III, Rules Implementing
the Labor Code defines Field Personnel as
non-agricultural employees who regularly
perform their duties away from the principal
place of business or branch office of the
employer and whose actual hours of work in
the field cannot be determined with
reasonable certainty.
Constitutional Rights of Workers
Rights to self-organization
Rights to collective bargaining
Rights to security of tenure
Right to just and humane conditions of work. Refers to
fair wages and equal renumeration for work of equal
value, safe and healthy working conditions, equal
opportunity to promotion and rest, leisure and
reasonable limitation of working hours, such as:
❑ The right to regular working hours
❑ The right to regular working days
❑ The right to overtime work
❑ The right to weekly rest period
❑ The right to additional compensation on
scheduled rest day/special holiday
❑ The right to compensation for holiday work;
and
❑ The right to hospitalization
Right to collective negotiations
Right to peaceful concerted activities
Right to strike
Right to a living wage
Right to participate in policy and decision-
making processes
Right to just share in the fruits of production
Employer’s Rights
Reasonable return on investment
Expansion and growth
Exercise management prerogative
- To lay down and execute management policies
-To hire
-To transfer
-To discipline
-To dismiss
-Retrenchment exists during the period of
business recession, industrial depression, or seasonal
fluctuations.
-To declare redundancy exists where the
services of an employee are in excess of what is
reasonably demanded by the actual requirements of
the enterprise.
-To cease operations or undertaking even if it is
not suffering from serious business losses or financial
reverses.
-To sell the company
-To abolish positions
Termination of Employer-Employee
Relationship
An employer cannot terminate the services
of an employee except for JUST or
AUTHORIZED causes as provided by
Articles 279, 282, 283 and 284 of the Labor
Code of the Philippines.
Just Causes
SeriousMisconduct of Willful
Disobedience
Gross Habitual Neglect
Fraud or Willful Breach
Commission of a Crime
Other Causes Analogous
Authorized Causes
Redundancy
Retrenchment
Installation of Labor Saving
Device
Closure or Cessation
Article83. Normal Hours of Work. The normal hours
of work of any employee shall not exceed eight (8) hours
a day.
Article 84. Hours Worked. It shall include: a) at all
times during which an employee is required to be on duty
or be at a prescribed workplace, and b) at all times during
which an employee is suffered or permitted to work.
Article 85. It is a duty of every employer to give his
employees regardless of sex, not less than 60 minutes
time off for their regular meals. These meals period are
not however not compensable hours of work.
Article 86. Night Shift Differential.
Every employees shall be paid a night
shifty differential or not less than ten
percent (10%) of his regular wage for each
hour of work performed between ten
o’clock in the evening and six o’clock in
the morning.
Except….
Government employees including those employed in
government owned corporations.
Employees of retail and service establishments regularly
employing not more than five (5) workers.
Domestic helpers
Persons in the personal service of another
Managerial employees
Officers and members of a managerial staff
Field personnel and other employees whose time and
performance is unsupervised by the employer
Except…
Workers who are engaged on task or contract
basis, purely commission basis, or those who are
paid with a fixed amount for performing work
irrespective of the time consumed in the
performance thereof (Sec 1, Rule II, Book III,
Rules Implementing the Labor Code), and
Member of the family of the employer who are
dependent upon him for support.
Article87. Overtime Work. Work may be
performed beyond eight (8) hours a day
provided that the employee is paid for the
overtime work , an additional compensation
equivalent to his regular wage plus at least
twenty five percent (25%) thereof. Worked
performed beyond 8 hours on a holiday or rest
day shall be paid an additional compensation
equivalent to the rate of the forst 8 hours on a
holiday or rest day plus at least thirty percent
(30%) thereof.
Article 96. Service Charges. All service
charges collected by the hotels,
restaurants and similar establishments
shall be distributed at the rate of eighty-
five (85%) for all covered employees and
fifteen percent (15%) for the management.
The share of the employees shall be
equally distributed among them.
ANTI-SEXUAL
HARASSMENT ACT OF
1995 (RA 7877)
