Beruflich Dokumente
Kultur Dokumente
Deployment Expenses – paid by ER; expenses KBs cannot acquire regularity of employment -
directly used for KB’s transfer from place of origin becasuse KB have fixed-term Et; No probationary
to place of work, covering transportation, meals, Et; Not covered by Art. 280 (regular Et); Not
entitled to reinstatement/backwages, only to
compensation earned + 15 days salary as calendar yr paid not later than Dec 24 or upon
indemnity separation
Prohibition against withholding of wages – if KB Apex Mining Company vs. NLRC: that househelper
leaves w/o justifiable reason, unpaid salary for works within premises of ER’s business and in
max. 15 days forfeited relation to/connection with its business warrants
conclusion that househelper is a regular EE
J. Terms and Conditions
Remington Industrial Industries vs. Castaneda:
Employable age – min. 15 yrs old That Rt works within company premises and does
not cater exclusively to Pr’s personal comfort
Normal daily hours of work – 16 (deduced from reflects Pr’s right of control over her functions.
daily 8 hr rest pd), 8 if below 18
Extent of duty outside household – KB and ER can
13th month pay – KB with min. 1 month service; agree to temporarily perform task for benefit of
not less than (1/12) of total salary earned in
another household, provided: (Invalid ground for termination)
- Agreement on tasks to be performed
between KB and ER Et certification – Er shall issue ceritificate upon
- KB entitled to additional payment not less termination of Et, within 5 days from request
than min. wage (nature/duration/description of work)
- ER responsible for liability incurred by KB on
account of such arrangement
- ER is not charging any amt from other Management Prerogatives (Chan Outline)
household for the arrangement 1. Rt of Er to regulate all aspects of Et
Max. 30 days per assignment San Miguel Brewery Sales Force Union vs. Ople:
Original Er and other household solidarily liable Except as limited by special laws, Er is free to
for non-payment of wages regulate, according to his own discretion and
judgment, all aspects of Et, including
L. Standards for Employment of Working Hiring
Children work assignments
(working children) working methods
(gen prohibition) time, place and manner of work
(benefits) tools to be used
processes to be followed
Et of working children – they cannot work: past 8 supervision of workers
hrs/day and 40 hrs/week; from 10 pm-6 am; working regulations
engage in work hazardous/harmful to transfer of EEs
health/safety/morals work supervision
lay-off of workers and the
M. Termination of Kasambahay discipline, dismissal and recall of work
Pre-termination – if duration specified, ER and KB Sime Darby Pilipinas vs. NLRC: Mgt retains
can agree upon notice to terminate before term prerogative, whenever exigencies of the service so
expires; IF not, ER/KB can give notice 5 days require, to change the working hours of its EEs. So
before intended termination long as such prerogative is:
- exercised in GF for the advancement of the ER’s
Initiated by KB - interest; and
- Verbal/emotional abuse - not for the purpose of defeating or circumventing
- Inhuman treatment EEs rights under special laws or valid agreements.
- Commission of crime/offense by Er
- Violation of Et contract 2. Limitations on exercise of Mgt Prerogatives
- Disease prejudicial to health of KB/Er
- Analogous causes A. Discipline
1. Components
Initiated by ER 2. Rt to Discipline
- Misconduct/willful disobedience of lawful 3. Rt to Dismiss
order in connection with KB’s work 4. Rt to determine who to punish
- Gross/habitual neglect/KB’s inefficiency 5. Rt to prescribe company rules and
- Fraud/willful breach of trust regulations/code of discipline
- Commission of crime/offense 6. Rt to impose penalty; proportionality rule
- Violation of Et conract 7. Rt to choose which penalty to impose
- Disease prejudicial to health of KB/Er 8. Rt to impose heavier penalty than what
- Analogous company rules prescribe
B. Transfer of EEs
IF no just cause, pay earned compensation + 15 1. Concept
days salary 2. Some principles on prerogative to transfer
EEs
3. Prerogative to reorganize where there are airborne contaminants,
4. Prerogative to promote human carcinogens or noise prolonged
5. Prerogative to demote exposure which poses hazards to EE’s health
C. Productivity Standard and safety, certification from health/safety
1. Concept organization or safety committee that work
2. DOLE to establish standard output rates beyond 8 hrs is within threshold limits or
3. Standard output rates or piece rates; how tolerable limits of exposure
determined - Notice to DOLE of adoption of CWW scheme
4. Time and motion studies E. Effects
5. Allowed time; meaning - Work beyond 8 hrs not compensable by OT
6. Base rate; meaning - Meal period of at least 60 min
7. Output rates in work paid by results; effect - No diminution of existing benefits
if determined by Er or DOLE
D. Bonus
1. GR: not demandable or enforceable Waiting Time
2. When demandable or enforceable Considered working time if waiting is an integral part
3. Forfeiture of bonus of his work or EE is required or engaged by Er to wait
E. Change of Working hours
1. Prerogative to change working hours 1. When waiting time compensable
2. Illustrative cases
F. Marriage bet EEs of Competitor Ers Arica vs. NLRC: 30-minute assembly time not
1. Prerogative to prescribe rule on marriage compensable. If time spent is primarily not for the
2. Rule against marriage, when valid benefit of ER and its business, it is not compensable.
3. Rule against marriage, when not valid In determining whether waiting time constitutes
4. Reasonable business necessity rule as hours worked, consider:
applied to prohibition against marriage - Amount of control Er has over EE during waiting
policy time
G. Post-Employment Ban - Whether EE can effectively use that time for his
1. Right to impose post-employment own purposes
prohibitions
a. Non-compete clause 2. On Duty
b. PH jurisprudence on non-compete 3. Off Duty
clause 4. Idle Time
c. Illustrative case 5. Commuting Time and Travel time (infra)
2. Other post-employment prohibitions
a. Confidentiality and non-disclosure Travel Time
a. Travel from home to work
CWW b. Travel that is all in the day’s work
c. Travel away from home – any work in which an
DOLE Department Order No. 02, Series of 2004 EE is required to perform while traveling must
DOLE Department Advisory No. 02, Series of be counted as hours worked.
2009
Rada vs. NLRC Rada is entitled to EEs. The task of
A. Definition under D.A. No. 2, Series of 2009 – fetching and delivering EEs is indispensable and
workday is increased to more than 8 hours consequently mandatory, then he is doing OT work
not exceeding 12 hours, without OT and should be paid for such.
B. CWW, a kind of flexible work arrangement
C. Other forms of flexible work arrangements Weekly Rest Periods
D. Conditions 1. Duration – at least 24 consecutive hours after 6
- result of express and voluntary agreement of consecutive normal work days
majority of covered EEs or DARs
- IF firm using substances, chemicals, 2. Prerogative of Er to schedule; exception –
processes, or operates under conditions religious ground
H. Right to holiday in case of temporary cessation
3. Emergency Rest Day Work of work – EEs entitled to holiday pay if
When ER may require work on rest day temporary cessation not due to business
Exclusive nature of enumeration reverses
I. Holiday pay/premium pay of teachers, piece
Holiday Pay workers, takay, seasonal workers, seafarers
J. Right to holiday pay of teachers
94 Holiday pay
regular holiday compensable Jose Rizal College vs. NLRC – hourly-paid
add 100% if regular holiday teachers not entitled to holiday pay for regular
holidays, whether during semestral or Christmas
Regular holidays: vacations. However, they are entitled to pay on
New Year days declared as special holidays or if, for some
Maundy Thursday reason, classes are called off or shortened for
Good Friday the hours they are supposed to have taught,
April 9 whether extensions of class days be ordered or
May 1 not; and in case of extensions, said faculty
June 12 members shall likewise be paid their hourly
July 4 rates should they teach during said extensions
November 30
December 25 K. Right to holiday pay of piece-workers, takay and
December 30 others paid by results
Election day
Holiday pay = average daily earnings for last 7 actual
working days preceding regular holiday ; must not be
A. Coverage; Exclusions (Art.822) less than minimum wage
B. Holiday pay, meaning and purpose
C. List of regular holidays If EE’s time and performance are unsupervised (ER’s
D. Total of 12 regular holidays control is over result of work, he is not entitled to
E. Premium pay holiday pay.
F. Computation of premium pay for holidays
G. Right to holiday pay in case of leave of absences3 L. Right to holiday pay of seasonal workers
2 Art. 82 Coverage; Exclusions Entitled to holiday pay while working during the
EEs in all establishments, WON for profit except: seasson
Gov’t EEs
MEs – (a) whose primary duty is management of M. Right to holiday pay of seafarers
establishment/department/subdivision they’re N. Important principles on holidays
employed in; (b) other officers/members of
Managerial Staff
Officers/Members of MS
Domestic servants/persons in another’s personal - On leave of absence without pay on day immediately
service preceding holiday – not entitled to holiday pay if
- Workers paid by results - those engaged on unworked
task/contract/purely commission basis; paid a fixed - On leave while on SSS or EE’s compensation benefits
amt for performing work irrespective of time – entitled to holiday pay as benefit granted by
consumed in performance competent authority in form of EE’s compensation or
Non-agricultural field personnel – non-agricultural EEs social security payment, whichever is higher, if they
(a) who regularly perform duties away from principal are not reporting for work while on such benefits
place of business and (b) whose actual hours of work - Day preceding regular holiday is a non-working day or
in the field cannot be determined with reasonable scheduled rest day – entitled to holiday pay if they
certainty worked on the day immediately before non-working
ER’s family members dependent for support day
3 On leave of absence with pay – entitled to holiday pay
Non-Muslims entitled to Muslim holiday pay during - benefit provided in law
Muslim holidays - vacation leave with pay of at least 5 days
D. Discrimination on Employment
VII. APPRENTICES
A. Apprentices and Learners
A. Preventive Suspension
B. Just Causes for Termination
Willful Disobedience
Gross Negligence
C. Authorized Causes for Termination
D. Illness or Disease
E. Retirement