LABOR AND THE CONSTITUTION

• 1987 Constitution of the Philippines

• Primary law of the land
• Basis for the law-making body to enact labor laws and social legislation.
• Has a special concern to the workers and has precise provisions on labor.
• Constitutions & Labor
• The Constitution states that labor is a primary social economic force and that the State
must protect the rights and promote the welfare of workers.

RIGHTS OF EMPLOYEE
1. EQUAL WORK OPPORTUNITIES FOR ALL - The State shall protect labor, promote full employment,
provide equal work opportunity regardless of gender, race, or creed; and regulate relations
between employees and employers.

2. SECURITY OF TENURE - Every employee shall be assured security of tenure. No employee can be
dismissed from work except for a just or authorized cause, and only after due process. Just cause
refers to any wrongdoing committed by an employee; authorized cause refers to economic
circumstances that are not the employee’s fault.

3. WORK DAYS AND WORK HOURS - An employee must be paid their wages for all hours worked. If
their work hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in
addition to their pay for regular work hours. If they work over eight hours a day, they are entitled
to overtime pay.

4. WEEKLY REST DAY - A Day-off of 24 consecutive hours after six (6) days of work should be
scheduled by the employer upon consultation with the workers.

5. WAGE AND WAGE-RELATED BENEFITS - Wage is the amount paid to an employee in exchange for
the service that they rendered to their employer. Wage may be fixed for a given period.

6. PAYMENT OF WAGES - Wages should be paid directly to the employee in cash, legal tender, or
through a bank.

Wages shall be given not less than once every two weeks or twice within a month at intervals not
exceeding 16 days.
7. FEMALE EMPLOYEES - Women are prohibited from engaging in night work unless the work is
allowed by the following rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-
industrial undertakings from 12 m.n. to 6 a.m., or agricultural takings at night provided that she
has had nine consecutive hours of rest.

Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the
workplace.

8. EMPLOYMENT OF CHILDREN - The minimum employment age is 15 years of age. Any worker
below 15 years of age should be directly under the sole responsibility of parents or guardians
provided that work does not interfere with the child’s schooling or development.

The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-hazardous
jobs. Hazardous jobs are

9. SAFE WORKING CONDITIONS - Employers must provide workers with every kind of on-the-job
protection against injury, sickness or death through safe and healthful working conditions.

10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING - Every worker has the right to
self-organization, i.e., to form or to join any legitimate workers’ union, free from interference of
their employer or the government. All workers may join a union for the purpose of collective
bargaining and are eligible for union membership on the first day of their employment.

Collective bargaining is a process between two parties, namely the employer and the union,
where the terms and conditions of employment are fixed and agreed upon. In collective
bargaining, the two parties also decide upon a method for resolving grievances. Collective
bargaining results in a contract called a Collective Bargaining Agreement (CBA).

11. EMPLOYEES’S COMPENSATION BENEFITS FOR WORK RELATED CONTINGENCIES - The

Employees’ Compensation Program is a government program designed to provide a
compensation package to public and private employees and/or their dependents in the event of
work-related sickness, injury or death.

The employees' compensation benefit (or disability benefit) is a compensation package for public
and private sector employees and their dependents in the event of work-related injury, sickness,
disability or death. EC is a purely employer-based contribution benefit.
 LABOR LAW
Branch of law which governs the relationship between workers and employers.

Labor Standards Law Labor Relation Law

Provides for the minimum terms and conditions Regulates the relationship between workers
of employment which are necessary for the organized in labor unions and employer’s; union and
health, safety, and well-being of workers; their members; and unions and the government.

SOURCES OF LABOR LAW

1. 1987 Constitution of the Philippines

2. Laws passed by the law-making body
3. Rules and Regulation issued by the Department of Labor and Employment (DOLE), and other
agencies
• Occupational Safety and Health Standards (OSHS)
i. Set of Rules issued by the Department of Labor and Employment (DOLE)
ii. Which mandates the adoption and use of appropriate practices, means, methods,
operations or processes, and working conditions reasonably necessary to ensure
safe and healthful employment
4. Collective Bargaining Agreements – A collective bargaining agreement (CBA) is a written legal
contract between an employer and a union representing the employees.
• The CBA is the result of an extensive negotiation process between the parties regarding
topics such as wages, hours, and terms and conditions of employment.
5. Company Personnel Policies – Personnel policies outline the hiring procedure, including whether
they should be tested first, information about a trial period or other training matters.
• They also outline pay functions, including salaries, commission and bonuses so that
employees have a clear goal and method of reward.

DEPARTMENT OF LABOR AND EMPLOYMENT

• Principal government agency that administers and enforces labor laws.
• Workers and employers can report any violation of the law to the DOLE which can order the violator
to obey and comply with the law.
o The regular courts of law, i.e., the Regional Trial Court hear and decide all criminal violations
of labor law. The penalties for violation of the law may either be fine and/or imprisonment.
Labor Laws Interpreted
• All doubts in the meaning and application of labor laws must be decided in favor of the workers.
o This liberal interpretation best protects the workers, who is the weaker party as compared
with the employer, and emphasizes the government’s primary concern for the worker.
• The laws, however, must equally protect the employer as part of the rule that justice is for all and in
accordance with the basic rules of fair play.
o Hence, when the employer is right, the DOLE and the courts will decide in favor of the
employer.
• Labor laws must be administered and enforced with fairness and justice to both the employer and the
worker.
o 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 and petition the government for
redress of grievances.
o Article 1702 – In case of doubt, all labor legislation and all labor contracts shall be construed
in favor of the safety and decent living for the laborer.

Employer Employee

An employer is the owner of the business. An employee is an individual who

An individual who is a representative of an owner, or acts on works for or is in the service of an
behalf of the owner is considered an employer when authorized employer.
by the owner to act in his/her behalf,
e.g., managers and supervisors of an establishment.

• The employer and the worker must recognize that their relationship is not merely contractual, but is
impressed with public interest.
• They are partners in a joint undertaking. Neither must abuse one another. They must recognize their
rights and obligations towards each other, and to the public.

EMPLOYEES CLASSIFIED
1. Regular employees – workers whose work is usually necessary or desirable in the usual business
or trade of an employer.
2. Probationary employees – workers who are given time to show their skill and qualifications for
the position they seek, before they become regular employees.
• The period of probationary employment is six (6) months unless a longer period is agreed
upon.
 3. Seasonal employees – workers who are employed only during a particular season of the year.
4. Contract or project employees – workers who are employed for a specific period only and
perform a specific work.
5. Casual employee workers – work is only incidental to the business of an employer.
• A casual employer can become a regular employee after one (1) year of service, whether
continuous or broken, but only for the same position and when there is a need for such a
position.
Determinants of an employer and employee relationship
Four-Fold Test
1. The selection and engagement of the employee
2. The payment of wages
3. The power of dismissal
4. Control Test
▪ Means & method of work
▪ Guidelines of work

Economic Dependence
The proper standard of economic dependence is whether the worker is dependent on the alleged
employer for his continued employment in that line of business.
 PRIVATE SECTOR EMPLOYMENT
Termination of Employment
The right of security of employment is of great value not only to workers, but also their families.
Employment is the basis for stability in income and ultimately, in life itself.

Security of Tenure
• Security of tenure is the guarantee provided for by the Constitution and the Labor Code, that no
worker can be terminated from employment except for cause provided for by the law. (Article XIII,
Section 3 of the 1987)
• This guarantee means that an employer does not have a right to fire and terminate the service of an
employee at will.

CAUSE OF TERMINATION
JUST CAUSE AUTHORIZED CAUSE OTHER CAUSE
Serious misconduct or willful
Installation of labor-saving devices Suffering from
disobedience
disease
Gross and habitual neglect of duty Excess of workers or redundancy
Retrenchment for preventing
Fraud or willful breach of trust
business losses
Retirement
Commission of a crime against employer
Closing or cessation of operations
or family

BEFORE TERMINATION
Just Cause
1. Inform employee in writing of The employer must provide written notice to the employee
cause for termination stating the reason(s) for termination.
2. Allow time for employee to The employee must be given adequate time to respond to the
respond and defend charges and present their defense, with or without legal
representation, as chosen by the employee.
Note: The employer must have sufficient evidence to justify
the termination.
Employee Protection in Business Technology-related Termination
1. Inform employee and DOLE in The employer must notify both the employee and the
writing one month in advance Department of Labor and Employment (DOLE) in writing at
least one month prior to termination.
2. Pay separation or termination pay The terminated employee is entitled to receive separation or
termination pay from the employer. This compensation
acknowledges the termination of their employment.

TERMINATION PAY
Cause of Termination
Installation of labor-saving devices At least one (1) month pay or at least one (1) month pay
Excess of workers or redundancy for every year of service, whichever is higher.
Retrenchment for preventing business losses At least one (1) month pay or one-half (1/2) month pay
Closing or cessation of operations for every year of service, whichever is higher
Note: In all causes, services of at least six (6) months must be considered as one (1) year.
 SUFFERING FROM DISEASE
Grounds for Termination
An employer can terminate employment if the employee is suffering from a disease, under
the following circumstances:
1. A competent public health doctor certifies that the disease cannot be cured within six (6)
months even with proper treatment.
2. Continued employment is prohibited by law.
3. Continued employment is prejudicial to the health of the employee or their co-employees.
[284]
Employee Protection
When employment is terminated due to disease, the employee is entitled to:
Termination or separation pay equivalent to at least one (1) month's pay, or one-half (1/2)
month's pay for every year of service, whichever is higher.
A fraction of at least six (6) months of service must be considered as one (1) year. [284]

RETIREMENT
Grounds for Termination
Retirement is a ground for termination of employment. A worker can be retired under the
following circumstances:
Compulsory retirement upon reaching the age of sixty (60), but not exceeding sixty-five (65)
years, provided the employee has worked for at least five (5) years.
Voluntary retirement subject to agreed-upon age and service requirements between the
employer and employee, either through contract or otherwise
Retirement Pay
Workers are entitled to retirement pay, which is at least one-half (1/2) month's pay for every
year of service.
A contract of employment or Collective Bargaining Agreement may stipulate a larger amount
of separation pay. [278]
 RIGHT TO SELF-ORGANIZATION

The right to self-organization is very important and of great value to workers. Workers organize a union
for several reasons, such as:
1. Economic – to improve their economic conditions as a group)
2. Social – to associate with their fellow workers
3. Political – to participate in the process of government

The law recognizes and guarantees the right by providing for

1. Administrative – cease and desist orders to stop doing an act
2. Penal – fine and/or imprisonment
3. Sanctions and remedies – when the worker’s right is violated.

The right to self-organization cannot be exercised for purposes against the law. Workers, as a
group, must first organize a union before the bargain, as a group (speaking through their union), with their
employer.

Worker’s right to self-organization

• The right to self-organization is the right of workers to organize, join, or assist in organizing or
administering the management or affairs of a labor union.
• A worker is qualified to be a union member on the first day of employment

Basis of the right to self-organization

• The 1987 Constitution of the Philippines

• Labor Code of the Philippines
• The United Nations Declaration of Human Rights
• The International Covenant on Economic, Social, and Cultural Rights
• The International Covenant on Civil and Political Rights

• Article 3, Section 8 – The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not be
abridged.
 • Article 8, Section 3 – 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.

• All workers have the right to organize either for purposes of collective bargaining or mutual aid and
protection even if their employer is not organized for profit.

• All workers employed in commercial, industrial and agricultural enterprises, and in religious,
charitable, medical and educational institutions can exercise the right to self-organization for the
purpose of negotiating wages, hours of work, and other terms of employment.

• All workers, whether looking for employment, self-employed, or those whose employment are not
continuous, or are without definite employers, and rural workers can exercise the right to self-
organization for their common benefit support and protection.

Employees that can exercise the right to self-organization

1. Employees of medical institutions, e.g., hospitals and similar institutions
2. Non-resident alien employees – if they have valid work permits issued by the DOLE and are
citizens of a country which grants the right to self-organization to citizens of the Philippines.
3. Supervisory employees – but a union of supervisors must be composed only or exclusively of
supervisors. Supervisory employees are those who in the interest or authority of an employer,
and by the use of independent judgment, can effectively recommend managerial acts or actions.
4. Employees of cooperatives – only if the worker is an employee and not a member of the
cooperative.
5. Employees occupying confidential positions – as labeled by management, but who do not act as
or assist, in a confidential capacity, executives, who plan, decide, influence, or give direction to,
or carry out implement or execute the employer's policies relating to labor relations.

Employees that cannot exercise the right to self-organization

1. Managers and managerial employees – do not have the right to self-organization because of the
nature of their work or their position so as to avoid conflict of interest with an employee.
• A managerial employee is one who has the power or right to lay down or execute
management policies and/or hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline employees.
 • Managers and managerial employees have the right to self-organization for the purpose of
their mutual aid and protection but not for the purpose of collective bargaining.

2. Confidential employees – do not have the right to self-organization if they act as, or assist
executives who plan, decide, influence or give direction to, or carry out, implement, or execute
employer policies in matters affecting labor-management relations.
• The confidential employees' act or access to labor management matters is a necessary or
required part of their function and not only incidental. The basis of the prohibition is to avoid
conflict of interest.
• Confidential employees have the right to self-organization for their welfare and mutual aid
protection but not for the purpose of collective bargaining.

• Workers may freely choose not to exercise the right to self-organization for any reason.
• Workers have the right or freedom of choice.
• The law does not compel workers to exercise their right. The final choice of whether or not to exercise
the right to self-organization, however, rests solely with the worker.
• A worker can be forced to join the majority union when there is a union security provision in a
Collective Bargaining Agreement, i.e., an agreement between an employer and a union requiring
union membership as basis for hiring and continuing employment.

Worker’s right to self-organization protected and enforce by law

• It is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the
exercise of their right to self-organization.
• A union or labor organization that commits an act of unfair labor practice violates the law.
• The law will order an employer, or a labor union that commits an unfair labor practice to immediately
stop the act
• The court, in criminal cases for violations of the law, can order the imprisonment of the employer or
the union officers and order them to pay a fine.
 LABOR UNIONS

• Both the Constitution and the Labor Code recognize the importance and value of the labor union
as an organization of workers, both laws also acknowledge that labor unions have an important
role to perform in the task of nation-building, i.e., labor unions strengthen, advance, promote,
and protect worker's rights and welfare.
• Workers gain strength and confidence by joining and associating with their fellow workers when
arranging with their employers, as a group, matters or subjects affecting their employment.
• A labor union is the organization that is best able to negotiate for the workers all matters or
subjects of their employment.
➢ Without a union, a worker acting individually cannot negotiate with an employer, or is
weak if asked to do so.
Labor Union
• A labor union is an association of employees.
• As one of its purposes, it negotiates with an employer through group bargaining, concerning
wages, hours of work, and other terms and conditions of employment.

Function of Labor Union

• The Labor Code recognizes that the function of a labor union, as an institution, is to advance or
strengthen democracy and promote social justice and development.

Legitimate Labor Union

• A legitimate labor union is a union registered with the DOLE.
• A union becomes legitimate upon the approval of its Application for Registration by the DOLE.

Rights of Labor Union

1. To be officially recognized in writing by the DOLE that the union is the sole or exclusive
representative of workers to negotiate wages, hours of work, and other terms and conditions of
employment
2. To be furnished by an employer copy of its Profit and Loss Statement and Balance Sheet, to
facilitate an intelligent and orderly way of negotiating wages, hours of work, and other terms and
conditions of employment;
3. To own property for the use and benefit of its members.
4. To file cases in courts of law or other government agencies in its registered name;
 5. To engage in other activities to benefit the union or its workers, e-g, cooperatives, housing
projects, welfare projects; and
6. To be exempt from the payment of taxes, duties and other assessments for the income and other
properties of the union, including gift donations from Philippine and Foreign organizations which
are actually used for lawful purposes.

Effect of non-registration of a labor union of the DOLE

• A labor union that is not registered with the DOLE cannot exercise the rights granted by the law
to legitimate or registered labor unions.
• A labor union that is not registered with the DOLE is not a legitimate labor union

Labor Union Govern, Manage and Conduct its affairs

1. Qualification for union office - The only qualification for an elected union office is union membership
in good standing.
o No union member, who has been found guilty by a Court of Law for an act which gravely
violates moral sentiments or accepted moral standards of the community, can be elected or
appointed to any union office.
2. Compensation - No union officer shall be paid a salary or wage and expenses, unless authorized by
the union constitution or by-laws, or approved in a written resolution by members in a meeting duly
called for the purpose.
3. Union membership - No union shall knowingly admit or continue in union membership, any individual
who is a member of a subversive organization or is engaged in any form of subversive activity.
4. Financial matters - No union shall collect any fee, due, or contribution or make disbursements of
union funds unless duly authorized by the union constitution or by-laws.
5. All monies received should be duly receipted, stating its source.
6. No union can levy special assessment or extraordinary fees upon its members unless authorized by
written resolution of a majority of all its members at a meeting duly called for the purpose.
7. Collection Assessment - No union can collect by check-off special assessments, attorney's fees,
negotiation fees or extraordinary fees without an individual written authorization by a member.
o The authorization must specifically state the amount, purpose and the recipient of the
amount collected.

Rights of Union Members

 1. To be charged only a limited and reasonable initiation or membership fee.
2. A fine as a penalty for violation of the union constitutionality or by laws must also be limited and
reasonable;
3. To be furnished full and detailed reports of all financial transactions;
4. To elect directly and by secret ballot all union officers at intervals of five (5) years; and
5. To participate in the deliberations and decide by secret ballot all major policies of the union.
o A major policy is one that affects all, or a great number of union members.
o The Board of Directors of the union may adopt major policies where membership
participation is not practical because of the nature of the union organization, or because
of causes or events beyond the control of the union.

The remedy of a worker whose right is violated by the union / when a labor union commits an act or
acts which violate the rules for the administration of the labor union
A worker or group of workers can file a complaint with the Bureau of Labor Relations of the DOLE.
The Bureau, after notice and hearing, can issue all orders to protect the workers.

Appropriate Bargaining Unit

• The determination of the size and composition of an appropriate bargaining unit or the purpose
of collective bargaining is a necessary requirement in determining the sole bargaining union.

• Without a defined appropriate bargaining unit, the process of determining whether a group of
workers want or do not want a union cannot take place.

• Absent a union of the workers' choice, the workers cannot collectively bargain with an employer
over the conditions of their employment.

An appropriate bargaining unit, or a collective bargaining unit is a grouping of workers who have
common or mutual interest in matters that affect their employment, the appropriate bargaining unit can
be composed of all or less than all the employees of a given employer.

The unit can be employer or worker place - wide and be composed of all the employees or
employees of a department only, or employees of a section only, or a combination of one or more
departments or sections.

Functions of an appropriate bargaining unit

1. Employees who can vote in an election to express their choice of whether they want to be represented
by a union, and if so, which among the competing union or unions.

✓ As an alternative, workers can vote not to be represented by a union.

2. Workers who will be covered by and the beneficiaries of a Collective Bargaining Agreement which
states the terms and conditions of their employment.

The determinants of appropriate bargaining unit

• The grouping of workers, as a bargaining or negotiating unit, may be determined by voluntary

agreement between a labor organization and an employer; otherwise, by the Bureau of Labor
Relations.

Factors that determine whether or not the unit is appropriate

The following factors are considered in fixing or ascertaining whether or not a unit is appropriate:

1. History of collective bargaining in the workplace;

2. Geography or location of the workplace in relation to other workplaces of the employer; and

3. Relation of one business establishment with other business establishments owned by the said
employer.

4. No single factor is considered more important than another.

• The weight or importance of a factor is a question of circumstance, time, and place of the work
environment.

Common Rule in determining the appropriate bargaining unit

• The law provides only one test- appropriate.

• The usual or favored method of unit determination is the test of community or mutuality of worker
interest.

i.e., group or combined workers who have the same interest in wages, hours of work, and
other terms and conditions of employment.

• This is the grouping that will best protect and promote the worker's right to self-organization and
collective bargaining.

Appropriate bargaining unit – fixed or permanent for all time

• Appropriate bargaining unit is not fixed for all time.

• The factors earlier considered a determining the appropriateness of a unit can change over a period
of time; hence, the need to inquire whether an earlier unit can be changed or remain as it was before.

UNION OR NO UNION-WORKER CHOICE

• All the workers in an appropriate bargaining unit can freely choose to be represented by a labor union
for the purpose of collective bargaining
• As part of the freedom of choice, the workers may also choose not to be represented by a union.

Exclusive bargaining representative for the purpose of collective bargaining

• A labor union duly registered with the DOLE and duly certified by the Bureau of Labor Relations as the
bargaining representative of the majority of all the workers in an appropriate bargaining unit, and
voluntarily recognized by an employer as representing a majority of the employees in an appropriate
bargaining unit.

• An exclusive bargaining representative is chosen or selected in a certification election conducted by

the Bureau of Labor Relations of the DOLE.
❖ Certificate Election – a process whereby all employees in an appropriate bargaining unit vote

whether they want to be represented by a labor organization for the purpose of collective
bargaining, and if so, which among the several unions participating in the election.
o The Workers may also vote if they do not want to be represented by a labor union.
o The law recognizes the Workers' freedom of choice whether to be represented by a union
or not.

Scenario Description
Majority Vote for Union that obtains majority (50% +1) of valid votes in certification election
Union becomes certified exclusive bargaining representative.
Vote Against Union If workers vote against union representation, no union will be certified as
Representation exclusive bargaining representative.
Held when neither union nor no union option gets majority of valid votes in
Run-off Election
certification election.
If none of the choices get majority and all contending unions combined have
Run-off Election
50% of votes, only two unions with highest votes participate in run-off. No
Participants
union choice excluded from run-off ballot.

• An employer may voluntarily recognize a labor union as an exclusive bargaining representative

when there is only one (1) labor union in the workplace, and the union is duly registered with the
DOLE.
 COLLECTIVE BARGAINING (CB)

COLLECTIVE BARGAINING
• The law on labor standards provides only the minimum terms and conditions of employment.
• Collective bargaining is the process or procedure through which workers can obtain improved or
additional benefits.
• The right to collective bargaining is guaranteed to workers by both the Constitution and the Labor
Code.
• Collective bargaining is a procedure or process where workers, acting as a group, through a union,
negotiate or bargain with their employer on all of their employment relations.
• The Constitution and the Labor Code guarantee the right of workers to collective bargaining.

Issues that the union and employer can negotiate:

1. Wages;
2. Hours of Work; and
3. Other terms and conditions of employment
4. Other terms and conditions of employment are those which have a direct relationship between
the nature of work and the employer's business

Negotiate between employer and union

• The union and employer negotiators must promptly meet and confer in good faith to discuss the
proposal and counter proposals of the union and employer;
• However, neither the union nor the employer is required to agree to a proposal or counter-
proposal or to grant a concession.
• Good faith negotiations mean that both the union and the employer must fully explain their
respective positions, and exert all efforts to agree to a reasonable and workable Collective
Bargaining Agreement.

Collective Bargaining Agreement (CBA)

• Written document stating and covering wages, hours of work, and all the other terms and
conditions of employment voluntarily agreed upon by the union and employer and covering all the
aspects that will govern their working relationship.
• Benefits all workers in the appropriate bargaining unit i.e., union workers and non-union workers.
• Enforceable between the employer and the union, and the employer and a union member.
Union and Employer – Right to Collective Bargaining
• When either the employer or the union refuses to bargain collectively, the party, whose right to
collectively bargain is violated, can file a complaint for unfair labor practice with the office of the
Labor Arbiter.
• The Labor Arbiter, in a proper case, can order the parties to comply with their legal obligation to
bargain.
• In addition, either party can file a criminal case with the courts, which can impose a fine and/or
imprisonment as a penalty. Additionally, an alien can be deported.
• A Collective Bargaining Agreement (CBA) can be enforced by submitting unresolved grievances
arising from its interpretation or implementation to the Voluntary Arbitrator panel of Voluntary
Arbitrators.
• Violations of the CBA, which are not gross in character, shall be resolved as grievances in the CBA.
Otherwise, the complaint may be filed for unfair labor practice with the office of the Labor Arbiter,
who can issue an order to enforce compliance by the party violating the CBA.
• Gross violations of a CBA mean flagrant and/or malicious refusal to comply with the economic
provisions of such agreement.

Maximum Duration of a Collective Bargaining Agreement

• The maximum period of a Collective Bargaining Agreement is five (5) years.
• The employer's recognition of the union as an exclusive bargaining representative of the workers
cannot be questioned except during the freedom period, i.e., the last sixty (60) days of the
agreement.
▪ The employer and union can renegotiate the other terms and conditions of employment not later
than three (3) years from the date of signing of the Collective Bargaining Agreement.
▪ Where there is agreement on the renegotiated terms within six (6) months from the first date of
negotiation, the renegotiated terms shall take effect on the first day of renegotiation.
▪ Where there is no agreement within six (6) months from renegotiation, the employer and the union
must agree on its date of effectivity.
 STRIKES AND LOCKOUTS
• A strike is a group or joint action by workers to temporarily stop work because of a dispute with their
employers over wages, hours of work, and other terms and conditions of employment, or the
representation status of a union for the purpose of collective bargaining [212(0)]
o Only a labor union certified or registered with the DOLE and duly recognized by an employer
as a bargaining representative can engage in an economic strike or unfair labor practice strike.
Where there is no certified or duly recognized bargaining representative, only a labor union
duly registered with the DOLE can declare a strike and only on the ground of unfair labor
practice. [263]
• A lockout is an action by an employer to temporarily refuse to furnish work because of a dispute with
the workers over wages, hours of work, and other terms and conditions of employment, or the
representative status of a union for the purpose of collective bargaining. [212(P)]
o An employer can declare an economic lockout or unfair labor practice lockout. [212(p)]

STRIKE/LOCKOUT CLASSIFIED
1. Economic Strike - a joint act of workers to force a concession which the law does not compel an
employer to give.
2. Unfair Labor Practice Strike - declared when the cause of the action is an alleged act of unfair labor
practice by an employer.

REQUIREMENTS FOR A STRIKE OR LOCKOUT AS AN INDUSTRIAL ACTION

Step Description
1. Filing Notice of Notify either the Bureau of Labor Relations or the National Conciliation and
Intent to Strike Mediation Board (NCMB) about the intention to strike.
2. Vote by Workers or Workers or the board of directors must take a vote to decide on the strike
Board of Directors action.
3. Reporting Strike
Report the outcome of the vote on whether to strike.
Vote Results
Wait for a specified cooling-off period before proceeding with the strike: 15
4. Observing Cooling-
days for unfair labor practice strikes or lockouts, and 30 days for economic
off Period
strikes and lockouts.
5. Observing 7-day Wait for a mandatory 7-day period after the cooling-off period before
Strike Ban Period starting the strike.

Does a strike or lockout terminate the employment of a worker?

 No, a strike or a lockout is only temporary in duration, i.e., as long as the dispute between the
employer and workers is not resolved. After the causes of strike or lockout are resolved, the workers return
to work. [212] (o) and (I)]

STRIKE OR LOCKOUT ILLEGAL

• A strike or lockout may be declared illegal if the purpose or cause is neither economic nor unfair
labor practice, and/or unlawful means are 20 used by either the employer or the union during or
on the occasion of the strike or lockout, i.e., the use of force. violence or coercion, this is called
the purpose and means tests.
• The Constitution recognizes the right of workers to strike only if the action is peaceful and in
accordance with the procedure set by law. [Constitution, ART. XII, Sec. 3; 263(f); 264(a)]

LIABILITY OF A UNION OFFICE WHEN A STRIKE IS ILLEGAL

Category Termination Grounds
Participation in illegal strike or commission/authorization of illegal acts during
Union Officer
strike
Worker Participation in commission of illegal act during strike
Worker Mere participation in unlawful strike not grounds for termination, even if
Participation replaced

PICKETING
• Picketing is a form of speech guaranteed to workers by both the Constitution and the Labor Code.
• The purpose of picketing is to inform the workers and the public of the existence of a dispute with an
employer over the terms and conditions of employment and to ask for sympathy and understanding.
• Picketing can take place even absent an employer-employee relationship between the picketers and the
employer.
• Picketing cannot be prohibited but can be regulated in the interest of other parties and the public.
• The law recognizes and guarantees only peaceful picketing, hence, in all instances, the use of violence
and coercion is absolutely prohibited.

MEDIATION, CONCILIATION, AND ARBITRATION

• Conciliation and mediation are processes to help both employers and unions to peacefully and
voluntarily settle their dispute.
• Arbitration is a process of resolving a labor controversy without the use of strike or lockout.
• Mediation, conciliation, and arbitration are the most favored means, both by the Constitution and the
Labor Code, as modes or procedure of dispute settlement.
CONCILIATION AND MEDICATION
• A Conciliation and mediation are processes or aids, either by a government or private agencies, to
help or assist the employer and union solve peacefully their dispute or controversy.
• The NCMB, either upon the invitation of the employer or the union or both or on its own initiative,
will assist the parties in resolving their dispute.
• The NCMB is a government 21 agency attached to the DOLE.
• The employer and the union can also, jointly and voluntarily seek the assistance of a private agency
to help resolve their disputes. [250 (c-e)]

ARBITRATION AS PROCESS OF A LABOR DISPUTE SETTLEMENT

• Arbitration is one mode of dispute settlement, and may either be compulsory or voluntary.
• Arbitration is the referral of the labor dispute to a third party for the final and binding settlement
of the labor dispute.

TYPE OF
DESCRIPTION
ARBITRATION
• Occurs automatically by operation of law
• Dispute resolution mandated for disputes in industries absolutely necessary to
national interest
Compulsory
• Resolution by government agency, authorized by President or Secretary of Labor
Arbitration
and Employment
• National Labor Relations Commission can act as compulsory arbitration agency
with authorization
• Dispute settlement voluntarily agreed upon by employer and union
• Involves unresolved grievances in interpretation or implementation of Collective
Voluntary Bargaining Agreement or company personnel policy
Arbitration • Other disputes may also be submitted for voluntary arbitration
• Conducted by single arbitrator or panel selected jointly by employer and union or
by NCMB following procedures in CBA
 UNFAIR LABOR PRACTICE
An unfair labor practice is an act committed by either an employer or a labor union or its officers or agents
which violates the rights of workers to self-organization or collective bargaining.

1. The right is violated by an employer when it interfaces, restrains, coerces employees in the
exercise of their twin rights to self-organization and collective bargaining.
2. A union can also commit an unfair labor practice when it restrains or coerces workers in the
exercise of their twin rights to self-organization and collective bargaining.
3. The law does not define "interfere", "restrain" and "coerce."
• Interfere means to object, hinder, or restrict workers in the exercise of their rights.
• Restrain means to restrict workers in the exercise of their rights.
• Coerce means to prohibit by force and without regard for the workers' desire to exercise their
rights.
4. The following are an example of unfair labor practices by employers:
• Requiring employees not to join a labor union as a condition for employment or continuing
employment
• Forming, dominating, or contributing financial or other forms of support to a labor
organization.
2. An unfair labor practice violates the civil rights of workers and employees and is a criminal offense
against the state. [212(k); 247- 249]

REMEDIES OF AN EMPLOYER/LABOR UNION – UNFAIR LABOR PRACTICE

1. Civil Aspect - either the union or the employer, can file a complaint for unfair labor practice with
the Labor Arbiter, or voluntarily agree to submit the case to a Voluntary Arbitrator for resolution.
• Both the Labor Arbiter or Voluntary Arbitrator can order the violating party to comply with
the law. [217(a)(1); 262]
2. Criminal Aspect - either the union or the employer can file a criminal case with the courts of law.
• The court can impose the penalty of either a fine or imprisonment or both.
• An alien can be deported after serving the penalty of imprisonment.
• The criminal case can be filed only after the resolution of the civil aspects of the case. [247;
288-290]
 LABOR RELATIONS IN THE GOVERNMENT SERVICE

PRINCIPAL LAWS GOVERN LABOR-MANAGEMENT RELATIONS IN THE GOVERNMENT SERVICE

• The Civil Service Law
• Executive Order No. 180 (1987), “Providing Guidelines for the Exercise of the Right to Organize of
Government Employees, Creating a Public Sector Labor Management Council, and For Other
Purposes,”

➢ Employees in the government service are those employed by the national government, or local
government and government-owned and controlled corporations created by a special law. [1]
➢ The Constitution (Article IX-B, Sec. 2[5]) and Executive Order No. 180 guarantee the right of
government employees to self-organization to advance and protect their interest, and the right to
form, with appropriate government authorities, labor government committees, work councils, and
other forms of worker participation arrangement. [2]
o Basically, government workers can't be treated unfairly just because they're part of a labor
union. They can't be refused a job or be told to quit their union to keep working. It's about
making sure they're not penalized for being part of a union.

The following do not have right to self- organization because of the nature of the work and duty.
1. Members of the Armed Forces 3. Jail Guards
2. Police Officers and Policemen 4. Firemen

PROHIBITED ACTIVITIES OF GOVERNMENT EMPLOYEES

A Government employee cannot engage in any form of strikes or concerted activities. Government
employees,
• However, may peacefully assemble to make known their complaints and seek resolution of the
same during their non-working hours or while they are off-duty. [14]
• Government employees can lobby in the legislature of the enactment of laws will improve the
terms and conditions of their employment.

A Government employee cannot collectively bargain with the government because their wages, hours
of work and other terms and conditions of employment are already set by the Civil Service Law and
other allied laws. Government employees can bargain with the government all other terms and
conditions of employment that are not provided for by law.
RECRUITMENT AND PLACEMENT WORKERS
 • A worker generally files an application with, and his hired directly by an employer. This is a
common form of hiring
• A local or overseas employer may directly hire or request for a referral of workers either through
government agencies or private free-charging employment agencies or private recruitment
entities. [25; 13(c) and (e)]
• The business of recruitment and placement of workers is regulated by the Labor Code of the
Philippines and the Migrant Workers and Overseas Filipino Act of 1995. [12-39 and 8042]

ILLEGAL RECRUITMENT
• Illegal recruitment is a criminal offense committed by an individual, or a private fee charging
employment agency or a private recruitment entry.
• The offense can be committed either under the Labor Code (workers recruited for local or
Philippine employment) or the Migrant workers and Overseas Filipino Act of 1995 (workers
recruited for employment abroad). [38 and R.A. No. 9042, Sec. 6]

ACTS OF ILLEGAL RECRUITMENT

When undertaken by non-licensees or non-holders of authority; Any form of the ten (10) acts may be done
for profit or not.
1. Canvassing – Recruiter go to different places to solicit worker.
2. Enlisting – Recruiter enrolls workers.
3. Contracting – Recruiter commissions workers.
4. Transporting – recruiter brings workers from one place to another.
5. Utilizing – Recruiter puts to use or make use of workers.
6. Hiring – Recruiter employs workers.
7. Procuring – Recruiter obtains workers.
8. Referrals – Recruiter refers worker to prospective employers.
9. Contract services – Recruiter agrees to lure workers.
10. Advertising - Recruiter posts public notice of employment.

Profits is not important to any of the acts. There is a presumption of recruitment and 27 placement activity
when the offender promises to two (2) or more workers employment in consideration of money or anything
of value.

PROHIBITED ACTS – ACTS OF ILLEGAL RECRUITMENT

When undertaken by non-licensees or non-holders of authority:

1. Charging or accepting fees greater than allowed by the DOLE.

2. Making a worker pay a bigger amount than actually loaned or advanced.
3. Furnishing or publishing false notice or information or document connected with the recruitment
and placement.
4. Attempt to, or persuade an employee to leave present employer in order to refer the same
employee to another employer.
✓ The exception is to free the employee from oppressive terms and conditions of
employment by present employer.
5. Attempt to influence, or influence an employer from hiring a worker whose employment was not
through the agency.
6. Changing the DOLE approved terms and condition of employment.
7. Withholding or denying travel documents of worker before departure for money or other
considerations, except for considerations approved by law.

ACTS OF ILLEGAL RECRUITMENT UNDER MIGRANT WORKERS LAW

1. Failure to send the worker to the overseas work place without valid reason as determined by the
DOLE.
2. Failure to return expenses incurred by a worker in the documentation and processing of all travel
or other documents where the non-deployment of the workers is not due to worker’s fault. [13(b)
and R.A. No. 804, sec 6]

SIMPLE ILLEGAL RECRUITMENT

• There is simple illegal recruitment when there is only (1) individual or recruitment agency which
performs acts involving recruitment and placement of workers or commits any of the prohibited
acts and only one (1) worker is involved.
• Illegal recruitment is an act of economic sabotage when committed by a syndicate or operating in
large scale.
o Illegal recruitment is deemed committed by a syndicate when the act is committed by a
group of three (3) or more persons who plan, cooperate, combine, and unite committing
the act.
o Illegal recruitment is deemed committed in large scale when the act is committed against
three (3) or more persons individually or as a group. [38(b)]
 • General Policy on local employment – The Constitution requires the State to promote the
preferential use of Philippines labor.
o It means that as a general practice, employers are urge or encouraged to hire Filipino
workers.
• The state recognizes the reality that Philippine labor expertise may not always be available in
certain fields of activity.
o In this instance, the State allows the employment of aliens, who are not permanent
residents, subject to specific requirements.
CATEGORY DEFINITION / REQUIREMENT WAGE
Aliens ✓ Requires Alien Employment Permit issued
by DOLE
✓ Certification of non-availability of Filipino Not specified
workers
✓ Employment benefits national interest
Apprentices ✓ Practical training supplemented by
theoretical instruction in an
apprenticeable occupation (Determined
by DOLE)
✓ Requires a training period of more than
three (3) months but not beyond six (6)
months
EMPLOYMENT OF

Learners ✓ Trainee in semi-skilled industrial

occupation
✓ Training program less than 3 months At least 75% of minimum
wage
✓ Conditions for employment: No
experienced workers available, no unfair
competition, not to reduce employment
opportunities
✓ Learner can become a regular employee if
employer agrees in internship contract.
✓ If employer ends program early through
no fault of learner in first two months,
learner can become regular employee.
[75(d)]
Handicapped ✓ Capacity to earn impaired due to age, At least 75% of minimum
Workers physical or mental incapacity, or injury wage (for most cases)
✓ Conditions for employment: Increase 100% of wage rate if
employment opportunities, no unfair handicap doesn't affect
performance
 competition, no impairment of worker
standards

WAGES

• A Wage is the compensation paid to an employee for work done or to be done, or for services
rendered or to be rendered.
• Wage includes a fair and reasonable value for board, lodging and other facilities customarily
provided to the employee by the employer.
• The fair and reasonable value of board, lodging and other facilities is determined by the DOLE and
does not include profit to the employer or anyone connected with the employer.

WAGE RATE
• Wage rate may be determined on any of the following basis:
1. Time = hourly, daily and monthly;
2. Task = specific work to be done, e.g., cleaning a garden of a special area
3. Piece = piecework, e.g., for every shirt or dress of an article
4. Commission = an agreed percentage of the sale price of an article.

MINIMUM WAGE
• A minimum wage or statutory wage is the wage set be law.
• It is the lowest amount that an employer must pay to an employee.
• The minimum wage is set or fixed by a Regional Tripartite Wages and Productivity Board.
• The minimum wage is applicable only to a particular geographic area, which may be region,
province or provinces, municipality or municipalities, or even a particular industry. [99]

FACTORS ARE CONSIDERED IN MINIMUM WAGE FIXING

1. The needs of a workers and his family for food, clothing, shelter, and other necessities for a decent
life
2. The fair return of an employer’s investment, and capacity to pay
 3. The needs of national economic, social, and political development as stated in government policy
statements.
• A Wages must always be paid in money even if the employee agrees to be paid by substitutes
• Wages should be paid at least every two (2) weeks, or twice a month at intervals not exceeding
sixteen (16) days.
• Wages should be paid at or near the place of work or at such other place as approved by the DOLE.
[104] 33
• Wages should be paid directly to the employee.

HOWEVER,
• Wages may be paid only to a duly authorized representative of an employee through a written
authority where direct payment to an employee cannot be made by reason of force majeure.
• The DOLE determines the instance when payment can be made to an employee’s
representative.
• Where the employee dies, his/her wages should be paid to the heirs through the DOLE.

INCASE OF EMPLOYER BANKRUPTCY – WAGE PERFOMANCE

• Employee wage preference means that all unpaid wages and other employee money claims must
first be paid before the claims of government or other parties can be paid.

NOTES:
• Employer cannot force or oblige an employee to buy merchandise or service from an employer-
owned establishment, or that owned by any other person.
• An employer requires an employee to make a deposit to answer for any loss or damage to tools,
materials, or equipment supplied by the employer but only where the practice of deposits is a
recognized one or is desirable, and in accordance with the rules and regulations of the DOLE.
o An employer can make deductions from the deposit made by an employee to pay for any
loss or damage to the tools, materials, or equipment only:
▪ After the employee has been given an opportunity to explain the loss or damage
▪ After the employee’s responsibility has been fully established. [115]
 HOURS OF WORK
• An employee’s normal hours of work is eight (8) hours a day.
• A work is counted from the time an employee begins to work, and extends for twenty-four (24)
hours thereafter.
• An employer is required to give an employee a regular meal period of at least (60) minutes.

HOURS WORKED
1. All the time that a worker is required by an employer to be at a designated work place.
2. All the time that an employee was suffered or permitted to work
3. Rest periods of short duration during working hours.

OVERTIME WORK
• Overtime work is work performed in excess of a work day of eight (8) hours.
• Thus, if the employee’s work shift is from 8:00 A.M. – 12:00 NOON, and 1:00 P.M. to 5:00 P.M.,
then all work performed after 5:00 P.M. up to 8:00 A.M. the next day is overtime work.
• An employer must be paid additional compensation (overtime compensation) for work performed
after eight (8) hours.
o The rate of overtime compensation is provided for by law.
o Overtime work performed an employee’s day of work, on a rest day, or a holiday is paid
at different rates.
o Overtime compensation cannot be waived by a worker.
o An employer cannot work for more than eight (8) hours in one day without overtime
No Offsetting

compensation in order to compensate for under time the previous day.

Rule

o Undertime on one day cannot be offset by overtime the next day.

o Overtime in one (1) day cannot be offset by undertime the next day.

• As a general rule, an employer cannot be compelled to work overtime.

• Overtime work is voluntary.
OVERTIME WORK – COMPULSORY
1. In case of war
2. When a national and local emergency has been declared by the President or Congress.
3. When urgent work needs to be performed on machines, installations or equipment, in order to
avoid serious loss or damage to the employer.
4. When work is necessary to prevent loss or damage to perishable goods.
5. When it is necessary to prevent loss of life or property or in case of immediate danger to public
safety.
6. When the completion or continuation of the work started earlier is necessary so as not to
prejudice an employer.

This overtime work must be compensated at the rate provided for by law.

NIGHT SHIFT
• A night differential pay is additional pay of not less than ten percent (10%) of the daily regular wage
for work performed between 10:00 P.M. and 6:00 A.M. the next day.
• An employee working during these hours must be paid a night differential pay.

➢ The law applies to all employees.

➢ However, the law does not apply to certain employees such as:
1. Managerial employees, because of their function
2. Field personnel whose hours of work cannot be determined with reasonable certainty;
3. Members of the family of the employer dependent on the employer for support
4. Persons in the personnel service of another, e.g., domestic helper
5. Workers paid by results as a method of wage payment.

WEEKLY REST PERIOD

• An employee is entitled to rest day of twenty-four (24) consecutive hours after every six (6)
consecutive normal work days.
• An employee cannot be compelled to work on the rest day.
• Rest day work is voluntary.

WORK ON REST DAY (COMPULSORY)

1. In case of emergency, e.g., natural calamities
 2. When there is need for urgent work to avoid serious loss
3. When there is heavy work pressure due to special circumstances, and employment has no other
remedy
4. To prevent loss or damage to perishables
5. If the nature of work requires continuous operation and stoppage of work results in irreparable
loss or injury to employer
6. For other grounds approved by the DOLE.

HOLIDAYS

• Holidays are paid non-working days to allow the workers to observe and think of the importance
or significance of the event being commemorated and install civic consciousness.
• The holidays may either be regular holidays or nationwide special days. [Sec. 1, E.O. 203]

HOLIDAY PAY
• A Holiday pay is that which an employer must pay all employees for all the regular holidays and
regular special days.
• Holidays are paid non-working days.

SERVICE INCENTIVE LEAVE

• Service incentive is granted by law in recognition of the service of a worker as there is no law that
provides for paid vacation leave.
• A service incentive leave of five (5) days with pay is granted to an employee annually after one (1)
year of service.

PATERNITY LEAVE
• Society expects that husband must give aid and comfort to his wife during childbirth.
A Paid paternity leave of seven (7) days is granted to a male employee who is legally married to
his wife on the occasion of childbirth.
• This leave is allowed only for up to four (4) deliveries. [Sec. 2, R.A. No. 8187]
 WOMEN WORKERS
• A Women employees must have the same terms and conditions of employment as that of men
when they are similarity situated.
• This means that no discrimination in any form is allowed on the basis of gender. Specifically, it
means:
o Equal pay and fringe benefits for equal work, or work of equal value, between women and
men employees
o There shall be no discrimination with respect to promotion, training study, and scholarship
based solely on account of their gender.

STIPULATION AGAINST MARRIAGE

• It is unlawful for an employer to enter into a contract with a woman employee on the following
grounds:
o That a woman shall not marry, as a condition for hiring, or continuation of employment;
o That a woman employee shall be deemed separated or resigned from employment upon
getting married
o To actually dismiss, discharge, discriminate or prejudice a woman employee by reason of
her marriage.

CAN A WOMAN BE DISCHARGE BY REASON OF PREGANCY?

• An employer cannot discharge a woman by reason of her pregnancy, or while on leave, or in
confinement because of her pregnancy
• An employer cannot discharge or refuse admission of a woman worker who is returning to work
after her pregnancy for fear that she may again be pregnant.

WOMEN WHO WORK IN NIGHT CLUBS, COCKTAIL LOUNGES, MASSAGE CLINICS, BARS
• These women workers are considered employees for purposes of labor and welfare laws after the
DOLE has determined that they work 35 under the effective supervision and control of the
employer for a considerable period of time whether they work with or without pay.
 MINORS

MINIMUM EMPOLOYMENT EMPLOYABLE AGE OF A CHILD

• The minimum age of a child for employment is fifteen (15) years of age
• No child below fifteen (15) years of age can be employed except when such child is employed
under the direct and sole responsibility of his or her parents or guardians, and the employment
does not affect the schooling of the child.
• No child between fifteen (15) and eighteen (18) years of age can be employed in any work which
is dangerous or injurious to his or her health.
• An employer employing at least fifty (50) employees can employ a minor of at least fifteen (15)
years of age whose parents have a combined yearly income of thirty-six thousand pesos (Php
36,000.00) during summer of Christmas vacation.
• The employer shall pay sixty percent (60%) of the wages and the government forty percent (40%)
by vouchers applicable to the payment of tuition fees and books for secondary, tertiary, vocational
or technological education. [139 and R.A. No. 7323]
 MAIN FORMS OF SOCIAL LEGISLATION IN THE PHILIPPINES
1. The Social Security Act of 1997 (R.A. No. 1161, as amended by R.A. No. 8282) – for workers in the
private employment;
2. The Government Service Insurance System Act of 1997 (R.A. No. 8291) – for workers in
government employment.
There may be cases where a worker works in both public and private employment, therefore,
the worker will be covered by both laws.

QUALIFIED FOR MEMBERSHIP IN THE SSS & GSIS

GOVERNMENT SERVICE
SOCIAL SECURITY SYSTEM (SSS)
INSURANCE SYSTEM (GSIS)
COMPULSORY COVERED
• Employees in private employment who are paid salaries of • a. All employees not over
wages,
sixty-five (65) years old,
• Not over sixty (60) years old;
• Domestic helpers or house helpers who are paid wages of at and receiving a salary or
least (Php 1,000.00) monthly;
wage;
• Self-employed. [Sec. 9 and 9-A, R.A. No. 1161 as amended by
R.A. No. 8282] • All members of the
VOLUNTARY COVERED Judiciary; Civil Service
• Filipinos employed abroad by foreign-based employers;
• Employees separated from employment Commission; Commission
• Self-employed on Elections, and
• Spouse managing a household on full time.
COVERED BY AGREEMENT Commission on Audit –
• Filipino employees of foreign governments, international only for life insurance.
organizations or wholly-owned instrumentalities working in
[Sec. 3, R.A. No. 8291]
the Philippines or abroad
• Filipino employees covered by civil service retirement of their
employees are not qualified for membership in the SSS.

BENEFITS OF THE WORKER-MEMBER

GOVERNMENT SERVICE
SOCIAL SECURITY SYSTEM (SSS)
INSURANCE SYSTEM (GSIS)
1. Pension for member or dependent 1. Separation
2. Retirement 2. Retirement
3. Death 3. Disability
4. Disability 4. Survivorship
5. Sickness 5. Life Insurance
6. Maternity – limited only to first deliveries or miscarriage [Sec. 6. Funeral [Sec. 11-20; 23-27,
12; 12-A; 12-B; 13; 13-A; 13-B and 14-A, R.A. No. 1161 as R.A. No. 8291] 38
amended by R.A. No. 8282]
 BASIS FOR WORKER’S CLAIM
SOCIAL SECURITY SYSTEM (SSS) GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)
• Non-connected disability, sickness or • based on a nonwork connected disability or
death, which results in loss of income sickness.
• Death benefits when a covered • Death benefits can be claimed upon the death of
employee dies a covered employee.
• A woman member may claim maternity • The GSIS shall not pay any benefit when the
benefits when she gives birth or suffer a death of disability is due to grave misconduct,
miscarriage. [as amended by R.A. No. habitual intoxication, or unlawful intention to kill
11210] oneself or another. [Sec. 15-17, R.A. No. 8291]

How are the benefits received by an employee protected?

• All benefits received by an employee under the SSS and GSIS are exempted from the payment of
all kinds of taxes, fees or charges.
• A court, while a case is pending, cannot order that the benefits be seized before or after judgment
to pay a claim by other persons.
• The SSS and the GSIS can deduct all debts of the employee from all benefits due an employee.
[180; 182; Sec. 5, R.A. No. 1161 as amended by R.A. No. 8282; Sec. 30-32, R.A. No. 8291

EFFECT ON MEMBERSHIP IN THE SSS AND GSIS IF THE EMPLOYEE IS SEPARATED FROM EMPLOYMENT
A. Social Security System (SSS)
• A member separated from employment will be credited with all contributions paid and entitled
to benefits.
• The employee may continue contributions to maintain full benefits. The said rule applies to the
self-employed whose business income is interrupted. [Sec. 1 and 11-A, R.A. No. 1161 as
amended by R.A. No. 8282]

2. Government Service Insurance System (GSIS)

• A member separated from employment continues to be entitled to benefits when the
contingency occurs. [Sec. 4, R.A. No. 8291]

How are the SSS and GSIS funded?

• The SSS and the GSIS are funded by both the employers and the workers.
• The cost of premiums is based on a percentage of the workers’ salaries or wages in accordance
with the schedule provided by law.
 LEGISLATION ON SEXUAL HARASSMENT
ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA NO. 7877)

OFFENDER HAS VICTIM

— AUTHORITY It can be result into an

Intimidating, Hostile,
— INFLUENCE HE DOES UNWANTED SEXUAL ADVANCES IN A WORK, and Offensive
EDUCATION AND TRAINING ENVIRONMENT.
— MORAL ASCENDANCY Environment for the
Victim.

SAFE SPACE ACT (RA NO. 11313)

• An expansion of Anti-Sexual Harassment, or the concept of Sexual Harassment, entails a tougher

administration.
• In contrast to R.A NO. 7877, which has limited penalties and categories for sexual harassment,
there could be additional penalties and categories.
o Administrative penalties could include actions such as stripping of diplomas or expulsion
from educational environments.
o Examples of remedial actions could be gender sensitivity seminars or community service.

OFFENDER CAN BE VICTIM CAN BE

— PEERS It can happen online, in public spaces,

or in any place.
— PEERS
— STUDENT It can happen online, in public spaces,
or in any place.
— STUDENT
— DRIVER — PASSENGER