Beruflich Dokumente
Kultur Dokumente
PRELIMINARY TITLE
7.Right to Participate in Policy &
CHAPTER I Decision-Making Processes affecting
GENERAL PROVISIONS their rights and benefits as may be
provided by law
☛ RELATED LAWS:
✍ ART 1. NAME OF DECREE
1. CIVIL CODE: see Arts. 1700, 1701and 1703
☛ LABOR LEGISLATION - Consists of 2. REVISED PENAL CODE: Art. 289
statutes, regulations and jurisprudence 3. OTHERS: SSS Law, GSIS Law, Agrarian
governing the relations between capital and Reform Law, the 13th month pay law, the
labor, by providing for certain standards of terms Magna Carta for Public Health Workers, etc.
and conditions of employment or providing a
legal framework within which these terms and ☛ RATIONALE :
conditions and the employment relationship may
be negotiated, adjusted and administered. It is - The raison d’ etre of labor laws is the POLICE
divided into labor standards and labor relations. POWER of the State
☛ LABOR STANDARDS - Are the minimum ✍ ART 3. DECLARATION OF BASIC
requirements prescribed by existing laws,
POLICY
rules and regulations relating to wages,
hours of work, cost-of-living allowance, and
The State shall afford protection to labor,
other monetary and welfare benefits,
promote full employment, ensure equal work
including occupational safety, and health
opportunities regardless of sex, age or creed,
standards.
and regulate the relations between workers and
employers. The State shall assure the right of
☛ LABOR RELATIONS LAW - defines the
workers to self-organization, collective
status, rights, and duties and the institutional
bargaining, security of tenure, and just and
mechanisms that govern the individual and
humane conditions of work.
collective interactions of employers, employees
or their representatives.
- The law which ☛ EMPLOYER - one who employs the
seeks to stabilize the relation between employer services of others; one for whom employees
and employee, to forestall and thresh out their work and who pays their wages or salaries.
differences through the encouragement of
collective bargaining and the settlement of labor ☛ EMPLOYEE - one who works for an
disputes through conciliation, mediation, and employer; a person working for salary or wages
arbitration.
LABOR LAW COMMITTEE: JUBERT JAY C. ANDRION, Chairperson, PAULITO DEJESUS, EDP
MEMBERS: RJ Nolasco, Michelle Marquez, JoMarie Lazaro, AnnaLeah Lee, Grace Tenorio, Allan Alda, Jono DeGuzman, Elmer
Guerzon, Angeluz Torres, Sheila Sulit, Liezel DeLeon, Ana Marie Gayos, Liza Sato , Mac-Mac Romero, Filmar Callejo, Sally Silva,
Joy Mejia, Howard Arzadon
Page 2 of 70
☛ WORKER -any member of the labor force,
whether employed or unemployed
☛ PRESCRIPTIVE PERIOD
BOOK TWO
HUMAN RESOURCES binds himself to train the apprentice and the
DEVELOPMENT apprentice in turn accepts the terms of training
☛ EXCEPTIONS:
1. When the waiver stipulates higher payment
or rate of OT pay; or W 1. Country is at war or any other
2. Where the contract of employment requires national/local emergency has been
work for more than eight hours of work at declared by the Chief
specified wage per day providing for a fixed Executive/Congress
hourly rate or that the daily wages include N 2. Necessary to prevent loss of
overtime pay. life/property/ in case of actual/impending
emergency in the locality
☛ COMPRESSED WORKWEEK -allowable U 3. There is urgent work to be performed
under the following conditions: on machines, installations, or equipment
1. It is voluntary on the part of the worker in order to avoid serious loss/damage to
2. There will be no diminution of the weekly or the employer or some other causes of
monthly take-home pay and fringe benefits similar nature
of the employees; N 4. Work is necessary to prevent
3. The value of the benefits that will accrue to loss/damage to perishable goods; and
the employees under the proposed schedule C 5. where the completion or continuation
is more than or at least commensurate with of the work started before the eighth
the one-hour OT pay that is due them during hour is necessary to prevent serious
weekdays based on the employee’s obstruction or prejudice to the business
quantification or operations of the employer.
4. The one-hour OT pay will become due and N 6. when it is necessary to avail of
payable if they are made or permitted to favorable weather or environmental
work on a day not scheduled for work on the conditions where performance or quality
compressed work week of work is dependent thereon
5. The work does not involve strenuous physical
exertion and employees must have ✍ ART 90. REGULAR WAGE
adequate rest periods
5. The arrangement is of temporary duration. - include the cash wage only, without deduction
on account of facilities provided by the
✍ ART 88. UNDERTIME NOT OFFSET BY employer
OVERTIME CHAPTER II
WEEKLY REST PERIOD
Undertime work on any particular day shall
not be offset by overtime work on any ✍ ART 91. RIGHT TO A WEEKLY REST
other day. Permission given to the
DAY
employee to go on leave on some other
day of the week shall not exempt the
- Employees should be provided a rest period
employer from paying the additional
of not less than twenty four (24)
compensation.
consecutive hours after every six (6)
consecutive normal work days.
☛ RATIONALE
- An employee’s regular pay rate is lower than - Employer shall schedule the weekly rest day
the overtime rate. Offsetting the undertime of his employees subject to collective
hours against the overtime hours would bargaining agreement. However, the
result in undue deprivation of the employer shall respect the preference of
employee’s extra pay for overtime work. employees as to their weekly rest day
when such preference is based on
religious grounds. But when such
preference will prejudice the operations of
the undertaking and the employer cannot
normally result to other remedial measures,
the employer may so schedule the weekly
rest day that meets the employee’s choice
for at least two (2) days a month
✍ ART 92. WHEN EMPLOYER MAY
✍ ART 89. EMERGENCY OVERTIME
REQUIRE WORK ON A REST DAY
WORK
☛ WHEN EMPLOYEE MAY BE
☛ WHEN WORKER MAY BE REQUIRED
REQUIRED TO RENDER WORK
TO RENDER OT:
ON A REST DAY:
(WNUNCN)
1. In case of actual or impending emergencies ✍ ART 94. RIGHT TO HOLIDAY PAY
caused by serious accident, fire, flood
typhoon, earthquake epidemic or other ☛ HOLIDAY PAY - A day’s pay given by law to
disaster or calamity, to prevent loss of life or an employee even if he does not work on a
property or in cases of force majeure or regular holiday. It is limited to the ten (10)
imminent danger to public safety regular holidays listed by law.
2. urgent work to be performed on the - employee should not have been absent
machinery, equipment or installation to avoid without pay on the working day preceding the
serious loss which the employer would regular holiday
otherwise suffer
3. abnormal pressure of work due to special Art. 94(b) refers to regular holidays, special
circumstances, where the employer cannot holidays are taken care of under Art. 93.
ordinarily be expected to resort to other
measures ☛ PREMIUM PAY - Additional compensation for
4. prevent serious loss of perishable goods work performed on a scheduled rest day or
5. nature of work requires continuous operation holiday.
for seven days a week
6. work is necessary to avail of favorable ☛ REGULAR HOLIDAYS:
weather or environmental conditions where
performance or quality of work depends 1. New Year’s Day -January 1
upon them 2. Maundy Thursday -Movable date
3. Good Friday- Movable date
✍ ART 93. COMPENSATION FOR REST 4. Araw ng Kagitingan -April 9
DAY, SUNDAY OR HOLIDAY WORK 5. Labor Day -May 1
6. Independence Day -June 12
- this article does not prohibit a stipulation in 7. National Heroes Day`-Last Sunday of
the CBA for higher benefits August
8. Bonifacio Day-November 30
☛ SPECIAL HOLIDAYS 9. Christmas Day-December 25
10. Rizal Day-December 30
1. All Saint’s Day -November 1
2. Last Day of the Year-December 31 Note: Compensable whether worked or
3. And all other days declared by law or unworked.
ordinances to be a special holiday or non-
working day ☛DOUBLE HOLIDAY PAY
NOTE: worked = regular wage plus 30% 1. 200% of the basic wage provided, he works
premium pay on that day and was present or on leave
not worked = none with pay on the preceding workday. If
on leave without pay, rate still applies if
☛ ADDITIONAL COMPENSATION FOR leave is authorized.
WORK ON A REST DAY, SUNDAY 2. 400% if he worked – as per DOLE Memo if
OR HOLIDAY WORK: there are 2 regular holidays in one day eg.
April 9 and Good Friday. Provided the
1. Work on a scheduled rest day - 30% of employee worked on the day prior to the
regular wage regular holiday or on leave with pay or on
2. No regular workdays and rest days -30% of authorized absence.
regular wage for work on Sundays & 3. If there are two succeeding holidays eg.,
Holidays Maundy Thursday and Good Friday, the
3. Work on Special Holidays -30% of regular employee must be present the day before
wage the scheduled regular holiday to be entitled
4. Holiday Work falls on Scheduled Rest Day - to compensation to both otherwise, he must
50% of regular wage work on the first holiday to be entitled to
holiday pay on the second regular holiday.
CHAPTER III
HOLIDAYS, SERVICE INCENTIVE
LEAVES AND SERVICE CHARGES
REGULAR SPECIAL
HOLIDAY HOLIDAY
☛ EXCEPTIONS:
a. in case of force majeure/special
circumstances, payment may be made
through another person under written
authority where the worker has died, the
b. employer may pay the wages of the
deceased worker to the heirs of the latter,
through the Secretary of Labor or his
representative, without the necessity of
intestate proceedings, after the heirs have
executed an affidavit attesting to their
relationship to the deceased and the fact
that they are his heirs to the exclusion of all
others
her childbirth or miscarriage shall be paid a daily DELIVERY – includes childbirth, miscarriage, or
maternity benefit equivalent to 100% of her abortion.
average daily salary credit for 60 days or 78
days, in case of caesarian delivery. Purpose: to enable the husband to lend support
to his wife during the period of recovery and/or in
REQUISITES : the nursing of the newly born child.
☛ CONDITIONS : 2. the above acts would impair the
employee’s rights or privileges under
1. he is an employee at he time of the delivery existing labor laws or
of his child; 3. The above acts would result in an
2. he is cohabiting with his spouse at the time intimidating, hostile, or offensive
she gives birth or suffers a miscarriage; environment (Sec. 3[a], RA No. 7877)
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a ✍ ART 136. STIPULATION AGAINST
miscarriage MARRIAGE
- Paternity leave, if not availed of, is not - it shall be unlawful for an employer to require
convertible to cash. as a condition for employment or continuation of
employment that a woman employee shall not
WIFE - refers to the lawful wife which means the get married, or to stipulate expressly or tacitly
woman who is legally married to the male that upon getting married a woman employee
employee concerned. shall be deemed resigned or separated, or to
actually dismiss, discharge, discriminate or
- Where the male employee is already otherwise prejudice a woman employee merely
enjoying the paternity leave by reason of by reason of her marriage.
any law, decree, executive orders or any
contract, agreement or policy between
employer and employee and the existing ✍ ART 138. CLASSIFICATION OF
paternity benefit is greater, the greater CERTAIN WOMEN WORKERS
benefit shall prevail; if lesser, the
existing benefit shall be adjusted to the - Any woman who is permitted to work or
extent of the difference. suffered to work, with or without
compensation, in any night club, cocktail
lounge, massage clinic, bar or similar
✍ ART 135. DISCRIMINATION establishment, under the effective control or
PROHIBITED supervision of the employer for a substantial
period of time as determined by the
- It shall be unlawful for any employer to Secretary of Labor, shall be considered as
discriminate against any woman employee an employee of such establishment for
with respect to terms and conditions of purposes of labor and social legislation.
employment solely on account of her sex.