Minors – refer to individuals who are below legal age. 1. Concepts “Child” or “Children” refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition….
Industrial workers are those who perform work in or about a home. 1. Concepts “Employer of homeworkers” – 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: 1)…
Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers’ representatives/labor organizations and employers. 1. Concepts “’Night worker” – means any employed person whose work requires performance…
Learners are workers hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. 1. Concepts “Learners” – are persons hired as trainees in semi-skilled and other industrial occupations…
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 supplemented by related theoretical instruction. 1. Concepts “Apprenticeship” – means practical training on the job supplemented by related theoretical instruction. (Article 58[a], P.D. 442, Labor Code) “Apprentice” – is a…
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment. It may be in the form of documentary submission, a medical examination, or an assessment or evaluation of an individual’s knowledge, skills, and competence. 2. Pre-employment requirement as a management…
Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative. What’s the legal basis? It appears that there is confusion on the legal basis for drug test as a pre-employment requirement. While random drug testing for those who are already employees is clearly provided for in Republic…
Summary ⦁ A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or a certain period of time. ⦁ Fixed term employees should have willfully and voluntarily entered into the fixed term employment contract. ⦁ Fixed term employees should have bargained…
Summary ⦁ A seasonal employment contract is an employment arrangement between an employer and a seasonal employee wherein the latter has been engaged to render work during a season ⦁ The employer must be justified in hiring additional help via seasonal employees. ⦁ Seasonal employee should work during the specified season only. ⦁ Regular seasonal…
Summary ⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking. ⦁ The project’s completion or termination should be determined or determinable at the time of the engagement of the project employee. ⦁ The existence of…