LABOR LAW

Art. 97. Definitions:

(a) "Person" (I-P-A-C-B-LR-OG) means an individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons. (b) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee & shall include the govt & all its branches, subdivisions & instrumentalities, all GOCC & institutions, as well as non-profit private institutions, or organizations. (c) "Employee" includes any individual employed by an employer. (e)"Employ (SP)- includes to suffer or permit to work.

Art. 97. Definitions:

(d) "Agriculture" includes farming in all its branches

includes: a. cultivation and tillage of soil, b. dairying, the production, cultivation, c. growing & harvesting of any agricultural & horticultural commodities, d. the raising of livestock or poultry, & any practices performed by a farmer on a farm in conjunction with such farming operations, but does not include: the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products.

What is a wage?
Remuneration or earnings however designated,
capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered; and includes the fair and reasonable value of board, lodging, or other facilities customarily furnished by the employer to the employee.

What is a wage?
FAIR & REASONABLE VALUE determined by the DOLE Secretary, " FRV " shall not include any profit to the employer, or to any person affiliated with the employer

FACILITIES
Items of expenses necessary for the laborers and his familys existence and subsistence Note: Does not include tools of trade or articles / services primarily for the benefit of the Er or necessary to the conduct of the Ers business.

SUPPLEMENT

Extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings or wages

Forms part of the wage Deductible from wage

Independent of wage Not wage deductible

For the benefit of the worker and Granted for the convenience of the his family. Er.

? for facilities Requirements to be wage- deductible

(a) Proof must be shown that such facilities are customarily furnished by the trade; (b) Provision of deductible facilities must be voluntarily accepted in writing by the employee; (c) facilities must be charged at fair & reasonable value.

What is the criterion in determining whether an item is a supplement or facility?

The criterion is not so much with the kind of the benefit or item (food, lodging, bonus or sick leave) given, but its purpose.

Fair Days Wage for Fair Labor No Work No Pay Principle

If there is no work performed by the employee, there can be no wage or pay., unless the laborer was able, willing, & ready to work but was prevented by management or was illegally locked out, suspended or dismissed. But where the failure of employees to work was not due to the employers fault, the burden of economic loss suffered by the employee. Should not be shifted to the employer. Each party must bear his own loss.

Fair Days Wage for Fair Labor No Work No Pay Principle

GR: If there is no work performed by the Ee, without the fault of the Er, there can be no wage or pay. XPN: The laborer was able, willing and ready to work but was: a. Prevented by management; b. Illegally locked out; c. Illegally suspended; d. Illegally dismissed e. Otherwise illegally prevented from working. But where the failure of employees to work was not due to the employers fault, the burden of economic loss suffered by the employee. Should not be shifted to the employer. Each party must bear his own loss.

Equal Pay for Equal Work

Equal Pay for Equal Work persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid similar salaries.

Coverage and Exclusions

To whom does the title on wages apply? GR: It applies to all employees XPN:
1. Farm tenancy or leasehold; 2. Household or domestic helpers, including family drivers & persons working in the personal service of another; 3. Home workers engaged in needlework or in any cottage industry duly registered in accordance with law; 4. Workers in duly registered cooperatives when so recommended by the Bureau of Cooperative Development and upon approval of the Secretary of Labor and Employment. 5. Workers of a barangay micro business enterprise (R.A. 9178)

WAGE

SALARY

Compensation for manual labor (skilled or unskilled) also known as blue collared workers, paid at stated times and measured by the day, week, month or season.

Paid to white collared workers and denotes higher degree of employment or a superior grade of services and implies a position in office.

Considerable pay for a lower and less responsible character of employment. GR: Not subject to execution XPN: Debts incurred for food, shelter, clothing and medical attendance.

Out gesture of a larger and more important service

Subject to execution.

Minimum Wage Rates

Regional Minimum Wages the minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional TripartiteWages and Productivity Boards

Minimum Wage lowest wage rate fixed by law that an Employer can pay his employee; payment of minimum wages is not dependent on the employers ability to pay Daily-Paid Employee paid only for days he actually worked (6 days---261 days a month )

Minimum Wage Rates

Monthly-Paid Employee employees paid by the month, irrespective of the number of working days therein, with a salary of not less than the statutory or established minimum wage, shall be presumed to be paid for all the days in the month whether worked or not. The Monthly Min. Wage shall not be less than the statutory minimum wage multiplied by 365 days divided by 12. Agricultural Rate farm work from land preparation to harvesting Industrial Rate manufacturing or processing of farm products

Minimum Wage Rates

The minimum wage rates for a. agricultural & b. nonagricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9, 1989).

Note: Agricultural wage rates are generally lower than the industrial.

Minimum Wage Rates Who sets minimum wage? a. Regional Tripartite Wages & Productivity Board b. Congress Complaint re: wages may be brought before the: a. DOLE Regional Office(Art. 129) or b. Labor Arbiter (Art. 217)

Concept of NonDiminution (ND) of benefits GR: Benefits being given to employees (Ees) cannot be taken back or reduced unilaterally by the employer (Er) because the benefit has become part of the employment contract, whether written or unwritten.
XPN: a. To correct an error, otherwise, if the error is not corrected for a reasonable time, it ripens into a company policy & Ees can demand it as a matter of right.

When is NonDiminution of benefits applicable? A: It is applicable if it is shown that the grant of benefit: 1. Is based on an express policy of the law; or 2. Has ripened into practice over a long period of time and the practice is consistent and deliberate and is not due to an error in the construction/ application of a doubtful or difficult question of law.

Payment by results. The Secretary of Labor and Employment shall regulate the payment of wages by results, including pakyao, piecework, and other non-time work, in order to ensure the payment of fair and reasonable wage rates, preferably through time and motion studies or in consultation with representatives of workers and employers organizations.

Payment by results.
Piece-rate . workers may be subdivided into two categories: 1. those who are paid piece rates which are prescribed in Piece Rate Orders issued by DOLE; (number of pieces produced X pay rate per piece.) 2 those who are paid output rates which are prescribed by the employer and are not yet approved by the DOLE. (the number of pieces produced x the rate per piece as determined by the employer.)

Payment by results.
Benefits Payable to Piece-Rate Workers (HANS MOTO) 1. Holiday Pay 2. Applicable Statutory Minimum Daily Rate 3. Night Differential Pay 4. Service Incentive Leave 5. Meal and Rest Periods 6. Overtime and Premium Pay 7. Thirteenth Month Pay 8. Other Benefitsgranted by law, individual or CBAor company policy or practice. .

PAYMENT OF WAGES

Art. 102. Forms of payment. GR. Wages shall be paid in legal tender. No employer shall pay the wages of an employee by means of: (PVCCTTA) a. promissory notes, b. vouchers, c. coupons, d. tokens, e. tickets, f. chits, or g. any object other than legal tender, even when expressly requested by the employee.

PAYMENT OF WAGES

Payment by check Payment of wages by

bank checks, postal checks or money orders is allowed where 1. such manner of wage payment is customary on the date of the effectivity of the LC, 2. where it is so stipulated in a CBA, or 3. where all of the following conditions are met: a. There is a bank or other facility for encashment within a radius of 1 km from the workplace b. The employer or any of his agents or representatives does not receive any pecuniary benefit directly or indirectly from the arrangement.

PAYMENT OF WAGES

Art. 102. Forms of payment.

c. The employees are given reasonable time during banking hours to withdraw their wages from the bank which time shall be considered as compensable hours worked if done during working hours d. The payment by check is with the written consent of the employees concerned if there is no collective agreement authorizing the payment of wages by bank checks .

PAYMENT OF WAGES

Art. 103. Time of payment.

GR: Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. XPN: If on account of force majeure or circumstances beyond the employers control payment of wages on or within the time herein provided cannot be made The employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

PAYMENT OF WAGES

Art. 103. Time of payment.

The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a CBA or arbitration award: (a) That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed; (b) That final settlement is made upon completion of the work.

PAYMENT OF WAGES

Art. 103. Time of payment.

The IRR of the Code requires every employer to pay his employees through payroll. They payroll should clearly, among other data, 1. the employee's pay rate, 2. the deductions made, and 3. The amount actually paid. Also required are employees' individual time records.

PAYMENT OF WAGES

Art. 104. Place of payment.

GR: Payment of wages shall be made at or near the place of undertaking. XPN: Payment in a place other than the work place shall be permissible only under the following circumstances: 1. When payment cannot be effected at or near the place of work by reason of the deterioration of peace and order conditions, or by reason of actual or impending emergencies caused by fire, flood, epidemic or other calamity rendering payment thereat impossible

PAYMENT OF WAGES

Art. 104. Place of payment.

XPN: Payment in a place other than the work place: 2. When the employer provides free transportation to the employees back and forth. 3. Under any other analogous circumstances; Provided, That the time spent by the employees in collecting their wages shall be considered as compensable hours worked.

PAYMENT OF WAGES

Prohibited Place of Payment bar, night or day club, drinking establishment, massage clinic, dance hall, or other similar places or in places where games are played with stakes of money or things representing money except in the case of persons employed in said places.

PAYMENT OF WAGES

Payment through Banks: Requisites 1. There must be a written permission of the majority of the employees concerned in an establishment 2. The establishment must have 25 or more employees 3. The establishment must be located within 1 km. radius to the bank. Payment through ATM allowed

PAYMENT OF WAGES

Payment through Banks: Requisites 1. There must be a written permission of the majority of the employees concerned in an establishment 2. The establishment must have 25 or more employees 3. The establishment must be located within 1 km. radius to the bank. Payment through ATM allowed

PAYMENT OF WAGES

Direct Payment of Wages GR: Paid directly to workers to whom they are due. XPN: 1. Payment Through Another Person a. In case of force majeure rendering such payment impossible provided such person is under written authority given by the worker for the purpose.

PAYMENT OF WAGES

Direct Payment of Wages

b. When authorized under existing law including:

i. payments for the insurance premiums of the employee ii. union dues where the right to check-off has been recognized by the employer in accordance with a collective agreement iii. authorized in writing by the individual employees concerned 2. Payment Through Heirs of Worker in case the worker has died, employer may pay wages of the deceased to the heirs of the latter without necessity of intestate proceedings

PAYMENT OF WAGES

Direct Payment of Wages

3. Payment through Member of Workers Family where the employer is authorized in writing by the employee to pay his wages to a member of his family.

PAYMENT OF WAGES

Payment Through Heirs of Worker Procedure: 1. When the heirs are of age, they shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs to the exclusion of all other persons. 2. In case any of the heirs is a minor, such affidavit shall be executed in his behalf by his natural guardian or next of kin. 3. Affidavit shall be presented to the employer who shall make payment through the DOLE Sec. or his representative 4. Payment of wage shall absolve the employer of any other liability with respect to the amount paid.

Non-interference in Disposal of Wages No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages and no employer shall in any manner oblige any of his employees to patronize any store or avail of the services offered by any person.

Wage Deductions GR: NOT allowed Except: 1. In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance 2. For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned 3. In cases where the employer is authorized by law or regulations issued by the DOLE Secretary

Wage Deductions GR: NOT allowed Except: 1. In cases where the worker is insured with his consent by the employer, & the deduction is to recompense the employer for the amount paid by him as premium on the insurance 2. For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned 3. In cases where the employer is authorized by law or regulations issued by the DOLE Secretary

WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES

A. WOMEN Night Work Prohibition no woman regardless of age

shall be employed or permitted or suffered to work, with or without compensation in any: 1. In any industrial undertaking or branch thereof - between 10 pm 6 am of the following day; or 2. In any commercial or non-industrial undertaking or branch thereof, other than agricultural - between 12 mn 6 am of the following day; or 3. In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.

A. WOMEN

Exceptions: Prohibitions DO NOT APPLY

1. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; 2. In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; 3. Where the work is necessary to prevent serious loss of perishable goods;

A. WOMEN
Exceptions: Prohibitions DO NOT APPLY

4. Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health & welfare services; 5. Where the nature of the work requires the manual skill & dexterity of women workers & the same cannot be performed with equal efficiency by male workers; 6. Where the women employees are immediate members of the family operating the establishment or undertaking; 7. Under other analogous cases exempted by the Sec of Labor and Employment in appropriate regulations.

Facilities for Women

The DOLE Secretary may require employers to:

1. Provide seats proper for women & permit them to use such seats when they are free from work & during working hours, provided they can perform their duties in this position without detriment to efficiency 2. To establish separate toilet rooms & lavatories for men & women & provide at least a dressing room for women 3. To establish a nursery in a workplace for the benefit of the women employees therein 4. To determine appropriate minimum age & other standards for retirement or termination in special occupations such as those of flight attendants & the like.

Women
Discrimination Prohibited unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. Acts of Discrimination 1. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value

Women

Acts of Discrimination
2. Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes Person guilty of committing these acts are criminally liable under Arts. 288-289 of the L.C. Institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate & distinct action for money claims, which may include claims for damages & other affirmative reliefs. The actions hereby authorized shall proceed independently of each other.

Women
Stipulation Against Marriage It shall be unlawful for the employer to: 1. require as a condition of employment or continuation of employment that a woman employee shall not get married 2. to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated 3. to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage

Women
Classification of Certain Women Workers Any woman who is permitted or suffered to work, with or w/o compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Sec. of Labor & Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

B. MINORS

B. MINORS
Not employed EXCEPT: 1. when the child works directly under the sole

responsibility of his/her parents/legal guardian who employs only members of his/her family under the ff conditions Below a. employment does not endanger the childs 15 life, safety, health and morals b. employment does not impair the childs normal development; c. the parent/legal guardian provides the child with primary/secondary Education

B. MINORS

2. when the childs employment or participation in public entertainment or information through cinema, theater, radio or television is essential, provided that: a. employment does not involve advertisements or Below commercials promoting alcoholic beverages, 15 intoxicating drinks, tobacco and its by-products or exhibiting violence b. there is a written contract approved by the DOLE, if possible c. the conditions prescribed for the employment of minors in No. 1 are met

B. Minors
d. the following requirements are complied with:

i. employer shall ensure protection, health, morals, and normal development of the child ii. employer shall institute measures to prevent Below childs exploitation / discrimination taking 15 into account the system and level of remuneration, duration, and arrangement of working time iii. employer shall formulate and implement a continuing program for training and skills acquisition of the child, subject to approval and supervision of competent authorities (as amended by RA 9231)

B. Minors

15 Below 18

ALLOWED ONLY in: nonhazardous or non-deleterious undertakings

18 years and above

No prohibition

B. Minors
Hazardous Workplaces a. Nature of the work exposes the workers to dangerous environmental elements, contaminants or work conditions b. Workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock-work, deep sea fishing, and mechanized farming c. Workers are engaged in the manufacture or handling of explosives and other pyrotechnic products d. Exposed to or use of heavy power-driven machinery or equipment e. Workers use or are exposed to power-driven tools

C. Househelpers

C. Househelpers
Domestic or Household Service services in the employers home which is which is usually necessary or desirable for the maintenance & enjoyment thereof & includes ministering to the personal comfort and convenience of the members of the employers household, including services of family drivers. Rights of Househelpers 1. Not to be assigned to non-household work 2. Reasonable compensation (minimum cash wage) 3. Lodging, food and medical attendance 4. If under 18 years, an opportunity for elementary education cost of which shall be part of househelpers compensation.

Rights of Househelpers 5. Contract for household service shall NOT EXCEED 2 years renewable from year to year 6. Just and humane treatment 7. Right not to be required to work for more than 10 hrs. a day if the househelper agrees to work overtime and there is additional compensation, the same is permissible 8. Right to 4 days vacation each month with pay if the helper does not ask for the vacation, the number of vacation days cannot be accumulated, he is only entitled only to its monetary equivalent.

Rights of Househelpers 9. Funeral expenses must be paid by the employer if the househelper has no relatives with sufficient means in the place where the head of the family lives 10. Termination only for just cause 11. Indemnity for unjust termination of service 12. Employment certification as to nature and duration of service and efficiency and conduct of the househelper.

C. Househelpers

Indemnity for Unjust Termination of Service 1. If the period for household service is fixed, neither the employer nor the househelper may terminate the contract before the expiration of the term except for a just cause. 2. If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned + that for 15 days by way of indemnity 3. If the househelper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him/her not exceeding 15 days.

C. Househelpers

Employment for Certification upon the severance of the household service relationship, the househelper may demand from the employer a written statement of the nature and duration of the service and his/her efficiency and conduct as househelper

D. Homeworkers

Art. 153. Regulation of Industrial Homeworkers. The employment of industrial homeworkers & field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers & field personnel & the industries employing them.

D. Homeworkers
Homeworker applies to any person who performs industrial homework for an employer, contractor or sub-contractor Industrial Homeworker system of production under which work for an employer or contractor is carried out by a homeworker at his/her home. Materials may or may not be furnished by the employer or contractor. Prohibitions for Homework 1. explosives, fireworks and articles of like character 2. drugs and poisons 3. other articles, the processing of which requires exposure to toxic substance

D. Homeworkers
Employer of Homeworker includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: a. Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions b. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person

D. Homeworkers
Liability of employer and contractor the duty of such employer to provide in such contract that the employees or homeworkers of the contractor & the latter's sub-contractor shall be paid in accordance with the provisions of this Rule. In the event that such contractor or sub-contractor fails to pay the wages or earnings of his employees or homeworkers as specified in this rule, such employer shall be jointly and severally liable with the contractor or subcontractor to the workers of the latter, to the extent that such work is performed under such contract, in the same manner as if the employees or homeworkers were directly engaged by the employer.

APPRENTICES

Who is an apprentice? Any worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the LC.(Art. 58) What is apprenticeship? It is practical training on the job supplemented by related theoretical instruction.

What is an apprenticeable occupation? That which requires more than 3 months of practical training with theoretical instruction

APPRENTICES
On The Job Training (OJT)? It is practical work experience through actual participation in productive activities given to or acquired by an apprentice. Highly Technical Industries? Those which are engaged in the application of advanced technology. Related Theoretical Instructions? Technical information based on apprenticeship standards approved by the Bureau. Note: Prior approval by TESDA (formerly DOLE) of the proposed apprenticeship program is a condition sine qua non.

Otherwise, apprentice becomes a regular Ee.

APPRENTICES
Qualifications of an Apprentice: 1. At least 15 years of age Note: Those below 18 years of age shall not work in hazardous occupations 2. Physically fit for the occupation 3. Possess vocational aptitude and capacity 4. Possess: a. The ability to comprehend, and b. Follow oral and written instructions 5. The company must have an apprenticeship program duly approved by the DOLE. Note: Trade and Industry associations may recommend to the SLE appropriate educational requirements for different occupations.

APPRENTICES
When is an occupation deemed hazardous?

Nature of work exposes worker to dangerous environmental elemental contaminants or work conditions
Workers are engaged in construction work, logging, firefighting, mining, quarrying, blasting, stevedoring, deepsea fishing, and mechanized farming Workers are engaged in the manufacture or handling of explosives and other pyrotechnic products Workers use, or are exposed to heavy or powerdriven machinery or equipment.

APPRENTICES
What is the employment status of apprentices? They are contractual workers whose length of service depends on the term provided for in the apprenticeship agreement. Thus, the employer is not obliged to employ the apprentice after the completion of his training. Period of Apprenticeship Must not exceed 6 months: 2 months/400 hours: Trades or occupations which normally require 1 year or more for proficiency 1 month/200 hours: Occupations and jobs which require more than 3 months but less than 1 year for proficiency. (Sec. 19, Rule VI, Book II, IRR)

APPRENTICES
What is the wage rate of an apprentice? Start at not less than 75% of the statutory minimum wage for the 1st 6 months (except OJT); thereafter, shall be paid in full

minimum wage, including the full COLA.

Note: GR: Apprenticeship programs shall be primarily voluntary
XPN: Compulsory apprenticeship: National security or economic development so demand, the President may require compulsory training Services of foreign technicians are utilized by private companies in apprenticeable trades.

APPRENTICES

What is the status of an apprentice hired after such term? He is deemed a regular Ee. He cannot be hired as a probationary Ee since the apprenticeship is deemed the probationary period. May apprentices be hired without compensation? A: Required: By school By the training program curriculum For Graduation For board examinations

APPRENTICES
Who signs the apprenticeship agreement? Every apprenticeship agreement shall be signed by: 1. The employer or his agent, or 2. An authorized representative of any of the recognized organizations, associations or groups, and 3. The apprentice. Q: Who will sign if the apprentice is a minor? An apprenticeship agreement with a minor shall be signed in his behalf by: 1. His parent or guardian, or if the latter is not available, 2. An authorized representative of the DOLE.

APPRENTICES

What are the rules on working scholars? There is no ErEe relationship between students on one hand, and schools, where there is written agreement between them under which the former agree to work for the latter in exchange for the privilege to study free of charge. The student is not considered an Ee. (Sec. 14, Rule IX, Book III, IRR)

APPRENTICES
Who may terminate an apprenticeship agreement? Either party may terminate an agreement after the probationary period but only for a valid cause. It may be initiated by either party upon filing a complaint or upon DOLEs own initiative. Who may appeal the decision of the authorized agency of the DOLE? It may be appealed by any aggrieved person to the SLE within 5 days from receipt of the decision. Note: The decision of the SLE shall be final and executory

APPRENTICES
Q: What is the procedure for the termination of apprenticeship? The party terminating shall: Serve a written notice on the other at least 5 days before actual termination, Stating the reason for such decision; and A copy of said notice shall be furnished the Apprenticeship Division concerned.

LEARNERS
Who are learners? They are persons hired as trainees in semiskilled and other industrial occupations Which are nonapprenticeable and Which may be learned through practical training on the job in a relatively short period of time which shall not exceed 3 months Whether or not such practical training is supplemented by theoretical instructions. (Sec. 1a, Rule VII, Book II, IRR)

LEARNERS

When may learners be employed?

When no experienced worker is available It is necessary to prevent curtailment of employment opportunities; and Employment does not create unfair competition in terms of labor costs or impair or lower working standards.

LEARNERS Learnership Agreement? Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include: A. The names and addresses of the learners; B. The duration of the learnership period, which shall not exceed 3 months; C. The wages or salary rates of the learners which shall begin at not less than 75% of the applicable minimum wage; and D. A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership.

LEARNERS
What is the status of learners who have been allowed or suffered work during the first 2 months, if training is terminated by the Er before the end of the stipulated period through no fault of the learner?

They are deemed regular employees. (Sec. 4, Rule VII, Book II, IRR)
Who may employ learners? Only employers in semiskilled and other industrial occupations which are nonapprenticeable.

Learnership
Nature Training on the job in semiskilled and other industrial occupation or trades which are nonapprenticeable & which may be learned thru practical training on the job in a relatively short period of time.

Apprenticeship
Training in trades which are apprenticeable, that is, practical training on the job supplemented by related theoretical instruction for more than 3 months.

Duration of training

Max: 3 months

Min: 3 months Max: 6 months

Learnership Commitment to With commitment to employ employ the learner as a regular Ee if he desires upon completion of learnership

Apprenticeship

No commitment to hire

In case of Considered a regular Ee if Worker not considered pretermination pretermination occurs after as regular employee. of contract 2 months of training and the dismissal is without fault of the learner.

Learnership Semiskilled/Industrial occupations

Apprenticeship

Coverage

Highly technical industries and only in industrial occupation

There is a list of learnable No list trades by TESDA Written agreement Require Learnership Agreement Requires Apprenticeship Agreement

.HANDICAPPED WORKERS
(RA 9277)

.HANDICAPPED WORKERS
(RA 9277) Who are handicapped workers (HW)? (PADIMI Those whose earning capacity is impaired by: Physical deficiency Age Injury Disease Mental deficiency Illness What is the duration of the employment period of handicapped workers? There is no minimum or maximum duration. It depends on the agreement but it is necessary that there is a specific duration stated.

HANDICAPPED WORKERS (RA 9277)

May handicapped workers be hired as apprentices or learners? Yes, if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired. (Art. 81) Can a handicapped workers acquire the status of a regular Ee? Yes, if work is usually or necessarily or desirable to the business.

.HANDICAPPED

WORKERS (RA 9277)

When Employable 1. their employment is necessary to prevent curtailment of employment opportunities 2. does not create unfair competition in labor costs 3. does not impair or lower working standards Handicapped Workers May Become Regular Employees if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they were hired.

.HANDICAPPED WORKERS (RA 9277)

Employment Agreement; Contents 1. Names and addresses of the employer and the handicapped worker 2. Rate of pay of the handicapped worker which shall not be less than 75% of the legal minimum wage 3. Nature of work to be performed by the handicapped worker 4. Duration of the employment

Handicapped

Disabled (Differently Abled)

Earning capacity is impaired by Refers to all suffering from age, or physical or mental restriction of different abilities deficiency or injury. as a result of mental, physical or sensory impairment to perform an activity in the manner or within range considered normal for a human being. Covers only workers. Loss due to injury or physical or mental defect or age. Covers all activities or endeavors. Restriction due to impairment of mental/physical/ sensory defect .

Rights and privileges of disabled workers

1. Equal opportunity for employment 2. Sheltered employment (the govt shall endeavor to provide them work if suitable employment for disabled persons cannot be found through open employment) 3. Apprenticeship 4. Vocational rehabilitation (means to develop the skills and potentials of disabled workers and enable them to compete in the labor market) 5. Vocational guidance and counselling

Incentives for employers 2. Private entities that improve or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs of the improvements or modifications

Incentives for employers

1. Entitled to an additional deduction, from their gross income, equivalent to twentyfive percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided, however, That such entities present proof as certified by the DOLE that disabled persons are under their employ: Provided, further, That the disabled employee is accredited with the DOLE and the DOH as to his disability, skills and qualifications

Prohibition on discrimination against disabled workers

No disable person shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able bodied person. Five percent (5%) of all casual emergency and contractual positions in the DSWD, DOH; DECS, and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons.