September 17, 2013
 Why is there a need to declare judicial bankruptcy? So that creditors can
present their claims to the employer
- that includes the State claiming for unpaid taxes
 Preference vs Tax - Preference Prevail
 Mortgage Credit - Special Preferred Credit - preferred than the workers
preference.
 What is Apprenticeship?
 Apprentice?
 Who maybe hired as Apprentice?
 Age? Apprentice = 14; Learner = 15
 Training period?
 What kind of employment arrangement where employer undertakes to
employ the person? LEARNER
Who desires be employed? Learners, if he desires, the employers have
no choice but to hire him?
 When can a learner becomes a regular word? When he has finish the 3
month period for learner training and he desires to work.
 Another instances of employment? If the employer pre terminate the
learner without the latter’s fault.
 Employment of Handicapped (spelling daw kuno oi!) Workers
- What is a handicapped workers?
- What is impaired? Earning capacity
- Reason? Age, physical and mental, injury
 Which is broader term? Handicapped worker or disabled worker?
- Disabled because if you are a disabled worker, it does not necessarily
that your earning capacity is impaired
- You maybe a qualified disabled person = with the same compensation
of the regular worker
- Whereas a handicap person – your earning capacity is always impaired
– you are paid lesser than the regular worker as long as it is not less
than 75% of the minimum wage
 Can you fix the period of employment of disabled person? Yes, you can fix
even if he performs like the regular worker.
 If you hire an apprentice, what is the prescribed hours of work? Not
exceeding 8 hours
- EXCEPT: no regular EE is available, OT hours are credited as training
hours
 What instances be attorney’s fees be awarded?
- Actions for the recovery of wages of household helpers, laborers and
skilled workers. (ART 2208, CC)
o Does it require bad faith in the part of debtor? YES THERE
IS. YOU MUST PROVE BAD FAITH FIRST TO BE AWARDED.
- In unlawful withholding of wages (ART 111)
- Arising from collective bargaining negotiations (charged against union
funds) (ART 222)
 What kind of atty’s fees are we talking? The extra-ordinary concept – it is in
the concept of damages – it goes to the party litigant
 What is this limit of not more than 10%? It is the amount of wages
 What is this instance in Labor Code? Only in unlawful withholding of wages
(ART 111)
- But attorneys fees can also be awarded to other instances (ART 2208
of CC) – in here the 10% limitation does not apply.
 Are non-lawyers allowed to appear?
GR: they are not allowed to appear, because only lawyers are allowed
EXCEPT: if non-lawyer is the party litigant, represent themselves, represent
the organization or members thereof. (ART 222 LABOR CODE)
- How? Certification from Bureau of Labor Relation; (SEC 6 IRR NLRC
Rules of Procedures)
 If the worker is represented by public lawyer, can attorneys fees awarded?
SEC 6 Par. 4 IRR NLRC Rules of Procedures
 What are the facilities provided for women?
- Seats
- Separate toilet rooms
- Dressing rooms
- Nursery rooms
1
- Standards minimum age and retirement or termination in special
occupation.
 When can the women use the seats provided to them?
 Difference between seat and chair? Chair – something to lean at your back;
Seat just a stool
 Family planning – Where required? In any establishments with more than
200 workers – in any locality
 Applicable provision of RH Law? – The employers cannot require his
employer to use any method of family planning.
- Can they require the use? NO
RATIONALE: they have the right to choose what to use.
 Prohibited Discrimination (AR 135)
- Payment of lesser compensation
o “work of equal value” – male or female
- Favoring a male employee over female employee
o opportunities, scholarships
 Consti SEC 14 ART II; SEC 14, ART XIII – basis for the prohibited discrimination
- What is the equality described here? In nation-building; fundamental
equality before the law of women and men.
 What kind of protection does the state extend to women? Safe and healthful
works, conditions taking in to account their maternal functions (SEC 14, ART
XIII)
 What are provisions of law or any law that protects woman?
- ART 137
- ART 132
- Maternity leaves – ART 133; Social Security Act of 1997
- Age employment requirements
 Stipulation against marriage
 TREATY: International Convention on Elimination of All Forms of
Discrimination Against Women – part of the law of the land? YES, SEC 2 ART
2 of Consti. GAPIL (Generally acceptable principles of international law) –
Doctrine of Incorporation.
 Criminal liability to the discrimination – ART 288 and 289 of LABOR CODE
- 1k to 10k or 3 month to 3 years, or both
 ART 139 is there EE and ER relationship? NO – usually Independent
Contractor
 There is EE-ER relationship only in ART 138 - there is effective control or
supervision of the employer for a substantial period of time as determined
by the SEC. of LABOR.
- there is a need of such law because nature of a club is usually
Independent Contractor with regards to women.
September 24, 2013
 What is a nursing employee?
- any female worker, regardless of employment status, who is
breastfeeding her infant and/or young child.
 What is a young child?
- a child from the age of twelve (12) months and one (1) day up to thirty-
six (36) months.
 What is an infant?
- a child within zero (0) to twelve (12) months of age.
 What is lactation station?
- private, clean, sanitary, and well-ventilated rooms or areas in the
workplace or public places where nursing mothers can wash up,
breastfeed or express their milk comfortably and store this afterward.
 Whenever an employer has nursing employees, does it mean he needs to
provide them with lactation station? YES
 Can employer apply for exemption? YES, take into account:
- The number of nursing employees
- The practicability of providing lactation
- The nature of the place/ business
 If employer does not provide lactation station, what is the liability?
SEC 21 of Breastfeeding Act.
Fine of not less than Fifty thousand pesos (Php50,000.00) but not more
than Two hundred thousand pesos (Php200,000.00) on the first offense.
 On the second offense, a fine of not less than Two hundred thousand
pesos (Php200,000.00) but not more than Five hundred thousand pesos
(Php500,000.00).
What are other things that employer must provide to nursing employees? Break
Intervals – not less than 40mins.
On the third offense, a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00)
and the cancellation or revocation of the business permits or licenses to operate.
 So even if your child comes to you because he wants to breastfeed then you
can ask your employer to take your break and breastfeed the child.
- Is this compensable hours work? YES
o If the employer will make you work on those hours – THAT WILL
BE OVERTIME WORK (SEC 13 Breastfeeding Act)
 SEC 10-SEC 13 – obligation of employers
 EMPLOYEMENT OF NIGHT WORKERS
- Sec1 ART 130 of Labor Code – EXPRESSLY REPEALED
- Sec. 2 ART 131 of Labor Code – EXPRESSLY REPEALED
 ART 154-161 OF RA 10151 – NOW APPLICABLE.
 What is the purpose of the REALED LAW? It supposed to safeguard the
health and safety of workingwomen. The night work prohibition prohibits
the employer to prevent the workingwomen to work at night.
 The cannot be required by the employers
WHY? Who are the people awake on night? CRIMINALS, Drunkards, more prone
to accidents.
 If that is the purpose of the REPEALED LAW, why did the Night Workers Act
repealed those laws? FOR NON-DISCRIMINATION.
 What is the Convention? International Convention of Elimination of All
Forms of Discriminations of Women
 IRR of RA 10151
 Who is a Night Worker? Employed person whose work covers the period
from 10 o’clock in the evening to 6 o’clock the following morning provide
that the worker performs no less than 7 consecutive hours of work (Sec. 1)
 ALL PERSONS – male and female
2 elements
 10pm – 6am
 no less than CONSECUTIVE 7 hours
 This law covers all establishments – whether for profit or not
- EXCEPT:
o Agricultural
o Stock raising
o Fishing
o Maritime Transport
o Inland Navigation
 What is the obligation of employer to the night worker?
SEC 3. Health Assessment
- UPON REQUEST
o Advice on how to reduce or avoid health problems – for
FREE “without charge” – BY COMPETENT PHYSICIANS
 Before taking up an assignment as a night
worker
 At regular intervals during such an assignment
 If they experience health problems during such
an assignment
- EXCEPT: unfitness for night work the finding of such assessment shall
be confidential and shall NOT be used to their detriment, subject
however to applicable company policies.
 What health problems do you suffer if you work at this times? – WHAT YOU
THINK LANG. – immune system something2, etc.
 SEC 4. MANDATORY FACILITIES
- Suitable First Aid and Emergency Facilities
o For injuries.
- Lactation Station
- Separate Toilet Facilities for men and women
o WHY? Privacy.
o But what if Men-Men illicit acts? – based in this law, it does
not address these illicit acts.
 How will you address this problem? IKAW NA
BAHALA HAHA (suggested: place the toilets in
conspicuous places)
- Facility for eating with potable drinking water
o What is potable? Suitable for drinking.
2
- Facilities for transportation and properly ventilated temporary
sleeping or resting quarters - separate for male and female workers
o What is the opportune time for them to rest? That 1 hour
break period.
 EXCEPTIONS (SEC 4)
- Existing company guideline providing for an equivalent or superior
benefits
o What do you mean by this? Provide your own example
(suggested: transportation – basta e.defend lang ang imo
example)
- Where the start or end of the night work doe not fall within 12
midnight to 5 o’clock in the morning
- Where the workplace is located in an area that is accessible 24 hours
to public transportation
- Where the number of employees does not exceed a specified number
as may be provided for by the Secretary of Labor and Employment in
subsequent issuances
 ANOTHER OBLIGATION
- SEC 5 Transfer - Unfit to render night work – due to health reasons –
transferred to a job for which they are fit to work whenever practicable
 What if it is no longer viable to transfer? Par. 2. Terminate him lawfully BUT
HE SHALL BE GRANTED the same company benefits as other workers who
are unable to work due to illness. – MORE THAN 6 MONTHS OF BEING SICK
WITHOUT WORK.
 If night worker is pregnant, can the employer terminate her? NO
- What law or provision is your basis? ART 137 Par 2 – To discharge such
woman on account of her pregnancy, or while on leave or in
confinement due to her pregnancy
- Other Law? RH LAW – Responsible Parenthood and Reproductive
Health Law
 SEC 6. Alternative measures to night work for pregnant and nursing
employees.
- Transfer to day work
o Additional periods of assignment to day work during
pregnancy
 16 weeks to be divided equally before and after
delivery
o Extension of maternity leave
o Clearance to render night work
 EMPLOYMENT OF CHILDREN
 Who are considered Children? Refers to any person 18 years of age.
 How is a child employed – 15 above and below 18? Can be employed as long
as not hazardous and deleterious work places.
 Hours of Work
- Below 15 not allowed to work for more than
o 20 hours a week and
o 4 hours a day,
o from 8pm to 6am
- 15 above and below 18 not allowed to work for more than
o 40 hours a week
o 8 hours a day
o 10pm to 6am
 Violate – you are violating the WORST FORM OF CHILD LABOR.
- Criminal liability to employers if violated.
 Why criminal liability? It impairs his/her normal development, endangers his
life, safety, health and morals
- they will be prone to abuse, neglect, cruelty, exploitation and
discrimination and other conditions prejudicial to their development
(SEC 2)
 EMPLOYMENT OF DOMESTIC WORKERS – Kasambahay Law
 Does this law repeal the entire Chapter III of Labor Code Employment of
Househelpers? YES
 Domestic Worker – any person engaged in domestic work within an
employment relationship whether on a live-in or live-out arrangement, such
as, but not limited to:
- General Househelp
- Yaya
- Cook
- Gardener
- Laundry person
- Any person who performs domestic work on an OCCUPATIONAL BASIS
 Not Covered:
- Service providers
- Family drivers
- Children under foster family arrangement
- Any person who performs domestic work occasionally/ sporadically
 Domestic Work – work performed in or for a household
 Household – immediate members of the family OR the occupants of the
house who are directly and regularly provided services by the Kasambahay.
 Employer – any person who engages and controls the services of a
Kasambahay and is party to the employment Contract.
 Live-out Arrangement – arrangement whereby the Kasambahay works
within the employer’s household but does not reside therein.
 What is the minimum employable age? 15 years old.
 Can we apply the Law on Employment of Children? YES – apply
abovementioned discussions
 What is the prescribed hours of work for the domestic workers? It shall not
exceed 16 hours a day.
 BASIS: SEC. 5 Daily Rest Period – employers to provide the domestic worker
an aggregate 8 hours of work.
 24hrs a day – 8rest = 16 work hours
 Does the law require employment agreement? SEC 5
 What is the minimum wage? Monthly minimum wage
- NCR – 2,500 per month
- Cities and First Class Municipalities – 2,000
- Other Municipalities – 1,500
Pay them AT LEAST ONCE A MONTH – with pay slip.
 Entitled to:
- Service Incentive Leave
- 13th Month Pay
- SSS, ECC, PhilHealth, PAG-IBIG – at least 1 month of service
 PAG-IBIG – Pagtutulungan Ikaw, Banko, Industria, Gobyerno
October 1, 2013
 Who pays for the sss? The employer – part of salary
 What is recruitment and placement – governed by Migrant Workers and
Overseas Filipino Act of 1995? When can they be involved in recruitment
and placement?
- Sec 13 (b) - Refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers, and includes
referrals, contract services, promising or advertising 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.
 Recruitment and employment is different in recruitment and placement.
- Former, you recruit then employ them. Latter you recruit then place
them where they can work.
 Who is a non-resident alien? – A foreign national who seeks employment in
the Philippines.
 If he marries a Filipina or Filipino then he seeks employment – EXEMPTED
FROM ACQUIRING AEP
 Exemption in EAP
- Sec. 2 of IRR of Employment permits of foreign nationals
o Members of the diplomatic service and foreign government
officials
o Officers and staff of international organizations of which
Philippines is member
o Foreign nationals elected as members of the governing board
who do not occupy any other position – voting rights only in the
corporation – MULTI NATIONAL COMPANY
o Companies allowed to be wholly owned by foreign national
– NATURAL ???? – e.g. Petroleum Companies (Chevron),
Proctor and Gamble
o All foreign nationals granted exemption by law
o Owners and representative of foreigner principals whose
companies are accredited by the POEA – for a limited period and
interviewing Filipinos for abroad
o Foreign nationals who come to Philippines to teach, present or
conduct research studies in universities.
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 RA 8042
GR: There is a bond on direct hiring of foreign employer for overseas employment.
- to secure the protection of immigrant workers - SEC 2 (g) State
recognized that the ultimate protection to all migrant workers is the possession
of skills
EXCEPT:
Illegal Recruitment – when there is no license – whether for profit or not. (SEC 6)
Can it be committed to only 1 individual? YES, even if it only 1. As long as it has no
license for it.
When can it be considered as large scale or syndicate? Large scale - If it is
committed against 3 or more. Syndicate if carried out by 3 or 4 person conspiring.
Illegal Recruitment – constitutes economic sabotage – prescriptive period of 20
years.
- normal – 5 years.
If somebody get himself injuries – ART 161 Labor Code.
Duty of any employer to provide all the necessary assistance to ensure
the adequate and immediate medical and dental attendance and treatment to an
injured or sick employee in case of emergency. - ONLY SAFETY AND HEALTH
STANDARD PROVISION ONLY
 If violated – QUASI-DELIC in civil code 1711-1712
Employment of Students
Working Scholars - are students who work for the school in exchange for the
privilege to study free of charge provided they are given the reasonable
opportunity to finish the course.
 Reasonable opportunity – that time you are given related to units per
school year given
Employment of Studens during Summer and Christmas
 Establishment with 10 or more employees
 age: not less than 15, not more than 25
 Time limit of employment:
o 10 – 15 days – secondary students (high school)
o Time limit: 20 - 52 working days
 Wage: they are paid minimum wage
o 60% - in cash; 40% - voucher
Agencies involved
 DOLE, POEA, OWWA, DFA, LGU
What is the role of LGUs? To fight against illegal recruitment –
 dissemination of information to their constituents
 To provide venue of POEA
 HELP DESK
What is the role of OWWA? Assistance they may need in the enforcement of
contractual obligation
What is the role of DOH? Regulate operation of clinics to conduct examinations.
What is the role of POEA? Participate in recruitment and overseas placement of
workers by setting up a licensing and registration system.
Guarantee: (Sec 4)
- Existing labor and social laws protecting the rights of workers.
- The receiving country must be a signatory of multilateral treaty.
- bilateral treaty with Philippines.
Kasambahay – if solo parent
(SEC 13) – entitled to other benefits in existing laws
- has right of maternity leave, etc
Dual System Law – delivery system to quality technical and vocational education
and training that combine in-plant training and in-school training based on
training plan
 Entitled to allowance – not less than 75%
Domestic workers Act – period of employment – it depends on the agreement.
 Requires written employment contract
If there is an employment agreement – there are valid ground in which
kasambahay can terminate the employment.
IRR of 10361 RULE VII SEC 2 – SEC 3
Replacement of Kasambahay by PEA – SEC 4
Termination of employer without valid ground – Kasambahay has remedy
Can kasambahay sue the employer? YES, before the Regional Office of DOLE (RULE
11 Sec 1)
 SEC 2 –
o he is entitled to his unpaid salary
o indemnity of damages equal to 15 days of salary
 o NO REINSTATEMENT – because of degree of trust between
the employer and Kasambahay

Can a foreigner organize and become the manager of a recruitment agency?

 NO, Illegal Recruitment includes - SEC 5 (n) To allow a non-Filipino
citizen to head or manage a licensed recruitment/ manning agency
o Why? THERE IS A POSIBILITY OF CONFLICT OF INTEREST –
foreigners are deemed to be loyal to their country.
 Filipino must manage a recruitment agency

INSTANCES OF ILLEGAL RECRUITMENT – SEC 6

Criminal – Who has jurisdiction? – REGULAR COURT

What is the role of DFA? To be a representative of other country where the OFW
will be sent.

Is OFW can be used interchangeably with migrant workers?

 SEC 2 IRR – YES – definition of terms

Seafarer –

Manning Agency –

SEC 5 – definition of terms – Manual of Regulations for Private Higher Education

Non-Academic Personnel –

Academic Personnel –
 Not only teaching – they can also be in direct support

2 Manuals of Regulations
 Manual of Regulations for Private Higher Education
 Revised Manual of Regulations for Private Schools in Basic Education
Kindergarten – Basic Education

Divers and Conductors – entitled to rest period of at least 1 hour exclusive of Meal
Breaks, within a 12-hour shift.
 The 1 hour rest period is

In fixing of performance for compensation, consider:

 Based on safety requirements
 Based on number of passage/ Ridership/ Business Performance

Hiring of Senior Citizen – There is a tax incentive

 Deduction to 15% of the total amount paid as salaries and wages to
senior citizens subject to the provision of SEC 34 of National Internal
Revenue Code (NIRC)

Distinguish homeworks and domestic workers