Labor Law

PH

Labor Standards

13th Month Pay

13th month pay is provided to covered rank-and-file employees who have rendered at least one (1) month of service.

Cases: Premium pay

The following are the related or relevant Labor Law Cases or Jurisprudence on the topic. 1) Covered and excluded employees Peñaranda v. Bagana Plywood Corporation

Premium Pay

Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.

Special Leave for Women

The special leave for women is given to covered female employees who have undergone surgery due to gynecological disorder.

Due Process

Moral damages

Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal

Attorney’s Fees

Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public

Equipoise rule

Summary ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. 1. Concept When the evidence in

Management Prerogative

Discipline and dismissal of employees

Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense. 2. Concept “Under

Work assignments

Work assignments refer to the work-related tasks, duties, and responsibilities.

Retraction letter

Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal of the employment offer. 1.

Lay-off and recall of employees

Lay-off and recall of employees are included in the employer’s management prerogative. Lay-off may be temporary or permanent.Recall of employees apply only to temporarily laid-off

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Working Conditions

Rotation of Workers

Summary ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek. ▪ The employer shall notify

Flexible Work Arrangements

Summary ▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek. ▪ The effectivity and

Gliding or Flex-Time Schedule

Summary ▪ Gliding or flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free

Critical workdays after holidays

.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law. ▪ Holiday pay is a

Safety & Health

Employees Scared of Covid-19

The Omicron variant shot active cases to the moon with current numbers raising more than 50,000. Undertandably, many employees fear getting the virus, even those

Primer: OSH Law (2018)

1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.

Drug-free workplace, mandatory policy

1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a

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Pre-Employment

Apprentices

Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job

Post-Employment

Non-Compete Clause

Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is

Regulated Industries

Private Security

Debt collection industry

1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

Compressed Workweek

Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work

Statutory benefits, Private Security

1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours,

DO-174 Contracting

DO-174 Semi-Annual Reports

Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017

Labor-only Contracting

Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All

Principal in Contracting

Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main

Contractor’s employees

Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

Job Contracting and Subcontracting

Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed

Overseas Employment

Overseas Filipino Workers (OFWs)

1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated

Cases: OFWs dismissed from work

1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas

DOLE, NLRC, NCMB, etc.

Labor Disputes

Bureau of Labor Relations

Summary ▪ The Bureau of Labor Relations (BLR) has original and exclusive authority on certain cases which involve unions, collective bargaining agreements, and labor disputes

Labor Arbiter

Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the

Labor disputes

“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining,

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Labor Laws

Forced Leave

Summary ▪ Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their

Consequences of illegal dismissal

Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu

Technical rules of procedure

Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence prevailing in courts of law

Telecommuting

1. Concept As used in R.A. 11165, the term “telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer

Employment bond

“Employment bond” – refers to a contractual stipulation requiring an employee to stay employed with the employer for a certain length of time, and it often comes with a penalty if the employment duration is not complied with.

Working conditions

Working conditions refer to the environment and terms/conditions of employment. 1. Coverage The provisions of [herein] shall apply to employees (“covered employees”) in all establishments

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