Labor Law

PH

Labor Standards

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.

Minimum Wage

Summary ▪ The law prescribes a minimum wage required to be observed by the employers. ▪ The minimum wage varies per region as it is

Maternity Leave

Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.

Cases: Service incentive leave

These are the related Labor Law Cases or Jurisprudence. 1. Covered employees a. Covered employees 1) Rank-and-file employees Ramil v. Stoneleaf Inc. G.R. No. 222416,

VAWC Leave

VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.

Due Process

Cases: Willful Disobedience

1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to

DOLE Regional Director

The Regional Director of the Department of Labor and Employment (DOLE Regional Director) has jurisdiction over certain cases. The DOLE Regional Director has the power

DOLE Inspection Report

A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”

Authorized cause procedure

DOLE D.O. 147-15 requires the following procedure be followed for authorized cause separation: 1) 30-day advance written notice to the employee; 2) 30-day advance written

Loss of trust and confidence

Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article

Management Prerogative

Transfer of Employees

1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪ Non-compliance with requirements for a

Productivity standards

An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. 1. Concept

Mental health, 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

Work Supervision

1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers

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Working Conditions

Rank-and-File Employees

1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with

Government Employees

1. Summary ▪ Government employees refer to those employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or

Managerial Employees

1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term

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.

OSHS Compliance

What is Occupational Safety and Health Standards (OSHS) Compliance? Let’s discuss.

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Pre-Employment

Women

Discrimination against women is prohibited. 1. Concepts “Women” – as contemplated by current labor law refers to workers who are anatomically or biologically classified as

Post-Employment

Cases: Resignation

1. Concept and effects of tendering a resignation letter Philippine National Construction Corporation v. NLRC, PNCC Toll Operations Employees and Workers Union (PNCC-TOEWU) G.R. No.

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

Clearance process

Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer.

Regulated Industries

Private Security

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,

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

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

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

DO-174 Contracting

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

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

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

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

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

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

Overseas Employment

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

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

DOLE, NLRC, NCMB, etc.

Labor Disputes

Voluntary Arbitrators

Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators are appointed by both the

National Conciliation and Mediation Board

Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of

National Labor Relations Commission

Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC

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Labor Laws

2023 Masterclasses – Now Available

Sign up for the 2023 Masterclasses: REGISTER HERE Greetings! Thank you for your interest in our Masterclasses. A. REGISTRATION 1. Please fill-up this Registration Form. Afterwards,

Promotion of an employee

Summary ▪ Promotion is the advancement of a position with an increase in duties and responsibilities. ▪ Increase of salary is incidental, and not required.

Full backwages

Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage

Cases: Night shift differential pay

The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay? Lepanto Consolidated

Willful disobedience

1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have

Primer: IRR of Safe Spaces Act

Summary ▪ The Department of Labor and Employment (DOLE) has issued Department Order No. 130, Series of 2021 (“DO 230-21”). ▪ DO 230-21 provided guidelines

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

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