KENNETH NG MIDTERMS REVIEWER Purpose of Labor Legislation Is intended to protect the worker from the mighty and to coreect

t the injustices that are inherent in employer-employee relationship. Labor legislation provies the set of restrictions upon the worker in his relationship with the employer and vice-versa in order to maintain industrial peace and harmony; thereby promoting industrial democracy. Ultimately, the primordial purpose of labor legislation is to promote the welfare of the people based on the Latin Maxim, salus populi est suprma lex, the welfare of the people is the supreme law. Police power The power to prescribe regulations to promote health, morals peace, education, good order or safety and welfare of the society It is based on two maxims 1. Salus populi est suprema lex the welfare of the people is the supreme law 2. Sic Utere tuo ut alienun non laedas so use your own as not to injure others property. Extent and limits of police power Police power includes everything essential to the public safety, health, and morals to justify the destruction or abatement by summary proceedings of whatever may be regarded as public nuisance To justify the states exercise of such powes, the following conditions must occur

a. The interests of the public generally, as distinguished from those of a particular class, require such inference b. The means are reasonable necessary for the accomplishment of the purpose and not widely oppressive upon individuals *The legislature under the guise of public interests, arbitrarily interfere with private business or impose unusual or unnecessary restrictions upon lawful occupations. Meaning of Social Justice Calalang vs Williams It is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of the laws and the equalization of the social and economic forces by the state so that justice in its rational and objective secular conception may at least be approximated. Social justice means the promotion of the welfare of the people, the adoption by the government of measures calculated to insure economic stability of all the component elements of society through the maintenance of proper economic and social equilibrium in the inter-relations of the members of the community; constitutionally through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments, on the time honored principle of salus populi est suprema lex. Rights guaranteed by social justice: Social justice does not champion division of property or equality of economic status; what it and the Constitution guarantee are equiality of opportunity, equality of political rights, equality before the law, equality between values given and received, equitable sharing of the social and material goods on the basis of effors exerted in

their productiob as applied to metropolitan centers, especially in relation to housing problems. Nature and principle of Social Justice The well being and economic security of all the people is the end and justice is the means The object of social justice clause is the common man; his social and economic uplift is its concern. He who is less favored in life is more favored in law. Social justice and full protection to labor guaranteed by the fundamental charter is not some romantic notion, high in rhetoric but low in substance. It should be a living reality and nor a mere high level abstraction in the fundamental law of the land.

6. Incorporation of Agrarian Reform 7. Updating, of all labor and Social legislations Article 2: Date of Effectivity -- this code shall take effect 6 months after its promulgation Article 3: Declaration of Basic policy The state shall: (APERA) 1. Afford protection to labor 2. Promote full employment 3. Ensure equal work opportunities regardless of Sex, age, or creed 4. Regulate the relation between workers and employers and 5. Assure the right of workers to (JSSC) a. Just and humane conditions of work b. Self-organization c. Security of tenure d. Collective bargaining Purpose of affording protection to Labor

Article 1: Name of the DecreeThis decree shall be known as the labor code of the Philippines P.D 442 Promulgated on May 1, 1974 but took effect on November 1, 1964 * 6 months transition period *defined as the charter on human righrs and a bill of obligations Enumeration of the Basic reforms of the Labor Code : ETAP- CIU 1. Emancipation of Labor Relations 2. Transformation of Workmens Compensation 3. Abolition of Permit system 4. Placing of Government Corporations with original charters under the Civil Service 5. Creation of Overseas Employment Development board and National Seamen board

*The purpose is to place labor on equal plane with management with all its power and influence in negotiating for the advancement of his interest and the defense of his rights. *The law bends to accommodate the interest of the working class on the human justification that those with less privileges in life should have more in law. Extents and limits of the protection (p. 40-42) Purpose of Liberal construction of Labor *The principle of liberal construction in favor of labor is in accord with the doctrine that those who have less in life should have more in law. When conflicting interest of labor and capital are weighed on the scales of social justice, the heavier the influence of the latter must accord the underprivileged worker. The law authorized neither oppression nor selfdestruction of the employer.

*if there is doubt in the meaning of the legal and contractual provision it shall be construed in favor of labor. *Not all labor disputes should be construed in favor of the labor. The law also recognized the rights of the management. Authority to promulgate rules and regulations Extent and limits of Rule making power. *Administrative rules and regulations must be published if their purpose is to enforce or implement existing pursuant to a valid delegation *The rules and regulations issued by the DOLE shall become effective 15 days after announcement of their adoption in the newspapers of general circulation. Applicability or non-applicability of the labor code on govt corporations Applicability to certain specific persons

ARTICLE 12: POLICY OF THE STATE (PRO2FAC2ReSi) 1. To Promote and maintain a state of full employment through improved manpower, training, allocation and utilization 2. To Protect every citizen by securing for him the best possible terms and conditions of employment 3. To Facilitate a free choice of available employment by persons seeking work in conformity with the national interest 4. To Facilitate and regulate the movement of workers in conformity of national interest. 5. To Regulate the employment of aliens, including the establishment of a registration and/or permit system. 6. To Strengthen the network of public employment offices and rationalized the participation of the private sector in the recruitment and placement of workers, locally and overseas to serve national development objectives and 7. To Insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.

IMPORTANT DEFINITIONS 1. Recruitment -- Any act of CETCHUP and includes CRAP Any act of Canvassing, Enlisting, Transporting, Contracting, Hiring, Utilizing or Procuring of Workers And includes Contract services, Referrals, Advertising, or Promising for employment locally or abroad whether for profit or not

Provided: That any person or entity which in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement, License Any document issues by DOLE authorizing a person or entity to operate a private employment agency Authority -- Document issued by the Dep. Of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity Seamen Any person employed in a vessel engaged in maritime navigation Overseas Employment -- Employment of a worker outside the Philippines. Evil sought to be avoided by Art 16 on Private Recruitment Is the commission of malpractices by fly-by-night or private recruiters against unsuspecting workers who intend to work locally or overseas. Powers and functions of POEA (p. 72-73) Regulatory powers of POEA and QuasiJudicial powers (p. 73-74) Philosophy on the ban of direct hiring a. To Insure the OFWs the best possible employment terms and conditions b. To protect them from exploitation and discrimination c. To insure compliance with the mandatory foreign exchange remittances policy of the government d. To insure compliance with the Labor Code provision on the solidary liability of Private employment and recruitment agencies with their foreign principal.

Mandatory Remittances The amount or portion of the basic salary of the Overseas Filipino workers required under existing laws and regulations o be remitted bythe workers required under the existing laws and regulations to be remitted by the workers to their beneficiaries in the Philippines and sold for pesos to the Philippine Banking system. Persons or Entities in the Private Sector that may engage in recruitment and placement a. b. c. d. Private employment agency Private recruitment entity Shipping or manning agency Such other persons or entities as may be authorized by the Secretary of Labor and employment.

Requirement of Licensing (p. 87) Illegal recruitment any act of CETCHUP and includes CRAP whether for profit or not when undertaken by a non-licensee or nonholder of authority, Provided, that any such non-licensee or non-holder of authority who in any manner offers or promises for a fee an employment abroad to two or more persons shall be deemed engaged. Also includes the act of reprocessing workers through a job order that pertains to nonexistent work. Work different from the actual overseas work, or work with a different employer whether registered or not in the POEA Elements of Illegal recruitment 1. The offender is a non-licensee or nonholder of authority engaged in the recruitment and placement of workers 2. The offender undertakes either any recruitment activities defined under Art.

13(b) or any prohibited practices under Art 34 Qualifying circumstances that would make illegal recruitment as an offense involving economic sabotage: 1. Illegal recruitment by 3 or more (syndicate) 2. Large scale, 3 or more victims individually or as a group Art 40 Purpose of requiring alien employment permit It is the aspect of Nationalism which is the primary consideration of the prohibition. To allow aliens to work locally will deprive other Filipinos of their opportunity to get employed. Mathematically speaking, allow an alien to work and a Filipino is deprived of his means of livelihood, that is, an opportunity to secure local employment.

Alien employment permit (AEP) -- is required for entry into the country for employment purposes and is issued after 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. Exemptions from registration permit (DIGLATeR) 1. All members of the Diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government 2. Officers and staff of International organizations of which the Philippines is a member and their legitimate spouses desiring to work in the Philippines

3. Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation 4. All foreign nationals granted exemption by the Law 5. Owners and representatives of foreign nationals whose companies are Accredited by the POEA who come to the Philippines for a limited period only and solely for the purpose of interviewing a Filipino applicants for abroad 6. Foreign nationals who come to Teach present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges, r between the Philippine Gov. and foreign government provided that the exemption is on reciprocal basis and 7. Resident foreign nationals Powers and functions of TESDA Types of Special Workers 1. Apprentice 2. Learner 3. Handicapped Enumeration of the Qualification of Apprentice a. Be at least 14 years of age b. Possess vocational aptitude and capacity for appropriate tests c. Possess the ability to comprehend and follow oral and written instructions Learner a Person hired as a trainee in semiskilled and other industrial occupations which are non-appreniceable. Learnership programs must be approved by the Authority

Definition of Handicapped worker Are those whose earning capacity is impaired by age or physical or mental deficiency or injury Enumeration of coverage and exclusions on working conditions and rest periods GOMAFIFADOR 1. Government employees 2. Managerial Employees including members of the managerial staff 3. Field personnel 4. Members of the Family of the employer who are dependent on him for support 5. Domestic helpers or person in the personal service of another 6. Workers paid by Result Manegerial employees (PCREED) 1. That his Primary duty consist of the Performance of work directly related to management policies 2. That he Customarily and regularly exercise discretion and independent judgment in the performance of functions 3. The he Regularly and directly assist in the management of the establishment 4. That he Executes under general supervision work along specialized or technical lines requiring special training, experience or knowledge 5. That he Executes under general supervision special assignments and task 6. That he does not Devote more than 20% of his time to work. Field personnel Non- Agricultural work employees a. Who regularly perform their duties away from the principal place of business or brance of office of the employer

b. Whose actual hours of work in the field cannot be determined with reasonable certainty Normal hours of Work Shall not exceed 8 hours Rationale: a. To safeguard the health and welfare of the Laborer b. To minimize unemployment by utilizing shifts Compressed work scheme *resorted by the employer to prevent serious losses due to causes beyond his control. *The scheme is alternative arrangement whereby the normal workweek is reduced to less than 6 days but the total number of normal hours per week remains at 48 hours. The normal workday is increased to more than 8 hours without corresponding overtime premium. This applies as well to 40 or 44-hour workweek firms. Hours Worked *For health personnel in cities and municipalities with a population of at least 1M or in hospitals and clinics with a bead capacity of 100 regular office hours shall be 8 hours a day for 5 days a week, or 40 hours a week, exclusive of time for meals in case of exigencies, they may work for 6 days or for 48 hours, but they shall be entitled to an additional compensation of at least 30% of their regular wage for work performed on the 6th day Principles in determining hours worked (p. 179) Instances of working time (p. 180)

Meal Periods (p. 183) Purpose of grant of night shift differential (p. 184) Purpose of overtime pay (185-186) Holidays in the Philippines:

Computing overtime pay *Always get the hourly wage rate Ex. 800 per/day 800/10 = 100 ( Basis hourly wage rate) To compute overtime:

Jan 1 New year Feb 10 Chinese new year Mar 28 Maundy Thursday Mar 29 Good friday Mar 30 Holy Sat Mar 31 Easter Day May 1 Labor day Jun 12 independence day Aug 21 Ninoy Aquino day Aug 25 national heroes day Aug 26 national heroes day holiday Nov 1 all saints day Nov 2 all souls day Nov 30 Bonifacio day Dec 21 December Solstice Dec 24 Christmas eve Dec 25 Christmas day Dec 30 Rizal day Dec 31 New Years Eve

Overtime hours accumulated x 125 *If you have accumulated a period of 7 hours as your overtime the computation would be: 7 x 125 = 875 To get NSD (Night shift differential) NSD x no. of hours in NSD Get the overtime hourly wage rate: Basic hourly rate x .25 100 x .25 = 125 Apply the computation: 125 x .10 = 12.5 To get the NSD For example: you accumulated 2 hours as NSD 2 x 12.5 = 25