Marquez PPT (Labor Law)

April 19, 2018 | Author: Rhacq Kho | Category: Employee Benefits, Lawyer, Employment, Apprenticeship, Parental Leave
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1. Legal Principles a.1. Prior Notice and Hearing - ample opportunity means five (5) - day prior notice to explain ( 2007 Genuico) - EE entitle to nominal damages; 30,000 – violation of twin notice rule Procedural requirement to terminate probationary employee No need to observe the 5-day period for failure to qualify If just cause, ER must comply with twin notice rule Due process, formal conference under IRR mandatory only when requested by the EE in writing, or substantial evidentiary disputes exist or a company rule or practice requires it or when similar circumstances require it. Ample opportunity to be heard under LC prevails over the hearing requirement of the IRR (2009 Perez, En Banc) Does LC require formla investigation before termination? No, LC provides only ample opportunity; whereas IRR requires conference or hearing; LC prevails.

a.2. Imposable Penalty - “Double Jeopardy” or penalty rule (1990 Filipino, Inc.) - “Past or Previous Infraction” rule - “Totality “Totality of Infraction” rule - Doctrine of Discretionary Rule Double Jeopardy Rule  An employee cannot be penalized twice for the same offense (1990 Filipino, Inc.). Thus, if an EE has incurred absences in the past for which he had been penalized, the ER cannot use these past infractions to impose a higher penalty. Past or Previous Infraction Rule  Previous infraction which may be used as justification for an EE’s dismissal from work must be in connection with a subsequent similar offense. It cannot be used if the offense recently committed is different from the previous offense (1996 Stellar Industrial Services, Inc.) The previous infraction, in other words, may be used if it has bearing to the proximate offense granting his dismissal (1998 La Carlota). Totality of Infraction Rule 

The number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committing by him should not be taken singly and separately but in their totality. Fitness for continued employment cannot be compartmentalized into tight little cubicles. Doctrine of Discretionary Justice (1974 Almira)  1. Reliefs and Award Rule: Reinstatement and Backwages (Art. 279) Award of Damages (Civil Code) 2. Separation Pay in Lieu of Reinstatement Company has closed (1988 Pizza Inn) Strained relationship (1994 Mapalo). However, this must be pleaded, tried and proved, and not based on mere impression alone (2009 Caligting). Mere perception that antipathy and antagonism will exists is not sufficient. One month pay for every year of service. Worsening health condition (1998 Del Monte Phils.) Has reached compulsory age of retirement (1998 Mendoza) Occurrence of supervening event (1994 Sampaguita Garments) as when EE was incarcerated (2009 Phil. Airlines) If case is pending for many years (2008 Goma; 2008 Sari-Sari Group of Companies) EE opted not to be reinstated (1995 Labor) Insolvency of company (2004 Electronics Asia) Abolition of position (2002 Abalos) without substantially equivalent position Unfavorable financial condition of company (2004 Mitsubishi) 3. Award of Backwages; Concept Scope of “backwages” under Art. 279 (2006 Equitable Banking Corp.) inclusive of “allowances and benefits” e.g. fringe benefits Excludes “salary increase” Volatile? Mere expectancy? No degree of assuredness? Base Figure: wage rates at time of dismissal inclusive of “allowance” e.g emergency living allowance, 13th month pay

“full backwages’ without any deduction and qualification (1996 Bustamante): Rationale? EE deserves to live Reckoned from date compensation was withheld (or date of dismissal) until actual reinstatement Effect of reinstatement pending appeal on award of full backwages? Physical or payroll reinstatement at ER’s option Reinstatement wages? Backwages are granted on grounds of equity for earnings which a worker has lost due to illegal dismissal. It may be awarded only when there is a finding of illegal dismissal (1996 Belaungan cited in 4004 JAT Gen. Services) Instance where EE is at fault right for LA to simply award reinstatement but without backwages or is tempered When an EE voluntarily terminates his employment, he I not entitled to separation pay and backwages (2006 Abad) Same rue if he abandons his employment (1992 Lemerz Saving & Loan Bank; also 2004 Gabuaz) When an EE mistakenly believes that he was dismissed when in fact he was not is not entitled to separation pay (1997 Capili) especially when ER is willing to accept him back (1997 Asia Fang Plywood) Financial Assistance; Award Award of separation pay financial assistance based on doctrine of compassionate justice or doctrine of discerning compassion (1998 PLDT; 2002 San Miguel case) Is it the same as “doctrine of discretionary justice”? (1974 Almira) No legal or equitable justification for awarding financial assistance to an EE who was dismissed for stealing company property even if he has been employed for 39 years and close to retirement (2009 Reno Ford, Inc.) Compassion for the poor is not meant to coddle those who are unworthy of such consideration. Violation of Prior Notice and Hearing Rule Prolonged absence is not abandonment (2009 Tacloban Far East Mktg. Corp.) as it was due to an injury she sustained at the workplace. Moreover, as no notice was served at her last known address, the ER violated her right to due process. ER is liable to reinstate, pay backwages and indemnity of 30,000 (2009 Faeldowa)

No AEP; No Legal Reliefs An alien EE who worked in the Philippines without a proper work permit cannot sue and claim EE’s benefits under Philippine Labor Laws. To grant her prayer is to sanction the violation of Philippine Labor Laws requiring aliens to secure work permit before the employment. Status quo must prevail and the parties should be left where they are. Other award based on equity A seaman is not entitled to separation pay upon expiration of fixed contract (citing Millares). However, pay him financial assistance of 100,000 for his 11 years of service (2009 Eastern Shipping Lines, Inc.) When a machine operator decided to stop working due to his failing health, it is he who initiated the severance of his employment especially since he rejected his ER’s offer for him to return to work. However, as a measure of social and compassionate justice, having been employed for 30 years, an award of financial assistance of 5,000 equitable (2011 Villaruel)

4. Authorized Causes Authorized cause’s and 30-day prior notice rule (Art. 283 and Art. 277 (b)) Analogous Cases 1. Non-renewal of lease contract resulting to closure of business (Shopper’s Gain); also closure of operation by DENR (2008 National Mine and Allied Workers Union) 2. Bona Fide Suspension of Operation Suspension of operation; scope and effect Analogous to 1. Temporary lay-off (1995 Sebuguero; 1997 Dela Cruz; 2002 Arc-Mgn Food Industries) 2. Off-detail (1998 Sentinel Security; 2002 Galiman Security) Art. 286. Suspension of wages and benefits not more than 6 months.

JURISDICTION Art. 217 Original and Exclusive LA v. Regular Courts

Claim asserted and relief sought – reasonable causal connection rule Other Jurisdiction: 1. DOLE Regional Director (Art. 128 & 129) & SOLE & CA & SC 2. SOLE (Art. 263 (g)) & CA & SC 3. Med-Arbiter (Art. 257) by way of appeal   to SOLE & by Rule 65   to CA & by Rule 45  to SC 4. Bureau of LR (Art. 226 & 238) & SOLE & CA & SC **written reprimand is not dismissal 5. VA (Art. 261 & 262) & CA & SC 6. NLRC (Art. 218) & CA & SC


with it an equal right not to

associate (negative freedom) Managerial employee cannot form union Closed shop union security clause (Art. 248); most priced achievement of unionism; imposed for continued employment Religious freedom – higher hierarchy than freedom of association 1. Commercial – engaged in sale of goods & services 2. Industrial – processing & manufacturing raw materials into finished products 3. Agricultural – growing & planting crops Self-employed – you don’t bargain with yourself but for mutual aid and protection Supervisory – conflict of interest in areas of disciplining & collective bargaining; considered as first level managers Managerial – conflict of interest Note of the three-tiered EEs in labor relations Creation of local chapter requires a federation or national union to issue a union certificate For purpose of this Section, any EEs whether employed for a definite period or not shall beginning on the first day of his/her service be eligible for membership in any labor organization e.g. probationary can form labor union


Note 1:Jurisdiction of BLR (Art. 238) – the certificate of registration of any LLO, whether national or local, may be cancelled by the Bureau, after due hearing, only on the grounds specified in Article 239. Note 2:Cancellation of union limited to three grounds (please see Art. 239): 1. Misrepresentation, false statement or fraud with the adoption of the constitution or by-laws or amendments thereto, x x x 2. Misrepresentation, false statement or fraud in connection with the election of officers, minutes of election of officers, and the list of votes 3. Voluntary dissolution by the members 4. x x x Mixed membership is not a ground for cancellation  Automatically deemed removed from list of membership of said union those EEs outside the bargaining unit (Art. 245-A (RA 9341))  EXCLUSION AND INCLUSION PROCEEDIG DURING CERTIFICATION ELECTION (CE) The inclusion of supervisory EEs in a labor union seeking to represent the bargaining unit of rank and file does not divest it of its status as a legitimate labor organization. The LC does not provide for the effects thereof. Such mingling in membership is not among the grounds for cancellation of union registration (2011 Samahang Manggagawa sa Charter Chemical Solidarity) CANCELLATION OF UNION REGISTRATION Failure to comply with reportorial requirements is not a ground to cancel registration; erring officers and members liable e.g. expulsion from membership (Art. 242-A (RA 9481)) JURISPRUDENCE The withdrawal of member-employee form the union will affect neither the union’s registration nor its petition for CE as their affidavits of retraction were executed AFTER the union’s petition for certification had been filed (2010 Eagle Ridge Golf & Country Club) ILO Convention No. 87 provides that workers & ER’s organization shall not be liable to be dissolved or suspended by administrative authority. The dissolution of a union & cancellation of registration for that matter involve serious consequences of occupational representative (2011 Heritage Hotel Manila)

UNION MEMBER’S OBLIGATION Union dues v. Agency fees  Assessment of agency fees  from non-union EEs and deductions thereof from the EEs salaries (Art. 248(e)) even in the absence of individual written authorization of the non-union EE accept the benefits under the CBA Do not assess union dues to non-members Union’s right to agency fees is neither contractual nor statutory but quasicontractual

Art. 110. Worker’s Preference in case of Bankruptcy Requires public proceeding Preference of credit – does not constitute a lien on the property Claim of the government is subordinate to the claim or workers Worker’s Preference (Barayoga c. Asset Privatization Trust GR NO. 160073, October 24, 2005) which is an ordinary preferred credit; it is first priority in the order of preference (2009 Loy, Jr.) the board and the union Jurisprudence Labor claims are included among the actions suspended upon placing under rehabilitation of the ER corporation where a receiver is appointed (2009 Tiangco) Claims arising from criminal case is not suspended Gives temporary relief to the corporation to pay its debt ATTORNEY’S FEES & APPEARANCE (ART 111 & 222) Two concepts of attorney’s fees: ORDINARY AND EXTRAORDINARY In the concept of damages; awarded to clients See 2011 NLRC Rules See Art. 2208 of NCC Proof of bad faith is required in CC because no permission to litigate Attorney’s Fees (LC) v. Attorney’s Fees (NCC) LEGAL PRINCIPLES Award of AF pertains to the EE and the EE can waive the same & execute a quit claim without the conformity of his counsel An attorney can recover his AFs from the union which he represented in the CBA Negotiation based on quantum meruit even in the absence of board authority

provided such representation is with the knowledge and acquiescence No interest in claim for AF since practice of law is a profession, not a money making venture But if it is in the concept of damages, it will earn interest In an action for recovery of wages & benefits, AFs may be awarded under Art. 111 even without need of showing malice or bad faith on the part of the ER. There need only be a showing that the lawful wage were not paid accordingly (2011 Kaisahan at Kapatiran) The award of AF is payable not to the lawyer but to the client, unless the client & his lawyer have agreed that the award shall accrue to the lawyer as additional or part of compensation Art. 111 is an exception to the declared policy of strict construction in x x x Award of AF is not matter of right because there is no premium to litigate

SPECIAL TYPES OF WORKERS 1. Apprentices – highly technical industries; apprenticeable occupation; approval of TESDA 2. Learners – there is commitment to hire as regular worker of learners so desire 3. Handicapped workers 4. Disabled person (RA 7277) EMPLOYMENT OF APPRENTICE V. LEARNER Compensation not less than 75% of the minimum wage Cannot reduce OT except if no available regular workers OT hours is part of training hours Not compensated – if required for graduation Tax incentive of ER decides to hire apprentices HANDICAPPED WORKERS Impairs his earning capacity by reason of age or deformity Deaf-mute is not handicapped Fernandez case: Paid just like abled worker Contractual EE Period of employment is fixed Can be paid at a substantial rate (75%)

In cases of apprentice, learners, handicapped Apprentice suing ER – committee must be created to handle the dispute; LA no  jurisdiction

Apprenticeship and Employment Program (Dole DO No. 68-04 S. 2004 as amended by DOLE Circular 2)  unemployed 15 years old and above apprenticeship period is 3-6 months employing 10 or more regular worker LIMIT : not more than 20% of the regular workforce

Employment of Women (Art. 130-138) Sec. 14, Art. II & Sec. 14, Art XIII Role of women in nation building; equality before the law; right to safe and healthful working conditions UN Convention in the Elimination of All Forms of Discrimination Against Women Article 130-131 RA 9710 repealed by RA 10151 (An Act Allowing Employment of Night Workers effective on July 12, 2011) Facilities for Women (Art. 132) Provide seats Maternity Leave Benefits (Art. 133) see also Social Security Act of 1997 (RA 8282) First 4 deliveries Apply to married, single Family Planning Services; see RH Law (RA 10354) ER who shall suggest unlawful for an ER not to hire by reason of number of children or pregnancy Responsible Parenthood and reproductive health at Art. 135, 136, 137, 138 Case: PT&T – policy is void Case: Del Monte Phils v. Velasco GR No. 153477, March 6, 2007  – dismissal of woman employee who incurred absences due to sickness that was pregnancy-

related since pregnancy is a continuing condition

Other Special Laws; Women 1. 2. 3. 4. 5. 6.

Anti-Violence Against Women (RA 9262) Mail Order Bride (RA 6955) Anti-Sexual Harassment Act (RA 7877) Women in Development and nation-Building (RA 7192) Magna Carta of Women (RA 9710) Expanded Breastfeeding Promotion Act of 2009 (RA 7600, amended by RA 10028)

Sec. 1, DO No. 11 9-12 secure a copy ALL persons who shall be employed permitted to work at night Exceptions: 1. agriculture 2. stock raising 3. fishing 4. maritime transport 5. inland navigation any employee who works 10pm-6am provided who worked at least 7 consecutive hours Right to Healthful Assessment and to an Advice on Health Problem right EEs at their request before taking up an assignment at regular intervals during such assignment if he experiences health problems during such assignment without charge shall be confidential shall not be used to EEs detriment except for a finding of unfitness for nigh workers Right to Mandatory Facilities 1. Suitable to first aid and emergency facilities 2. Lactation Station (nursing EEs) 3. Toilet Facilities separate form men 4. Facility for eating with potable drinking water

5. Temporary sleeping quarter (properly ventilated) separate form male, transportation facility Exceptions:  1. Existing equivalent or superior benefit 2. Start or end of night work does not fall within 12-5am 3. Workplace is accessible to public transportation 24 hrs 4. Number of EEs does not exceed the number Right to Transfer Due to health reasons certified by a competent physician unfit to render night work Transfer to another job Must be a job where he is fit to work whenever practicable Similar or equivalent position Good faith If not practicable Entitled to same benefits as other workers who are unable to work due to illness If night worker is deemed unfit to work for at least 6 months Same benefits If less than 6 months, cannot be terminated; forced leave with pay until fit to work Right to an alternative to night work; Pregnant and Nursing EEs If transfer to day work where is is possible Paid maternity leave Extension of maternity leave (without pay or using earned leave credits) Transfer to day work Conditions:  1. Before and after childbirth 2. 8 weeks before and 8 weeks after 3. During or after childbirth 4. For a period not more than 4 weeks or higher Night Work Schedule; Prior Consultation At his own initiative

Regular consultation Changes shall be agreed upon Criminal Penalties Fine or imprisonment or both at discretion of Judge

Employment of Minors Below 15: 20 hours per week; 4 hrs per day; 8pm-6am Ages 15-18: 40 hours; 8hrs per day; 10pm-6am Child labor: any work or actively performed by a child subjecting him to any form o exploitation, harmful to his health and safety or physical or mental Hazardous or deleterious Slavery Serfdom and forced labor Exposes child to abuse

EMPLOYMENT OF HOUSEHELPER January 25, 2013 (RA 10361); Araw ng mga Kasambahay  Upon approval January 18, 2013 Effective February 9, 2013


RA 10361

Age: Silent Domestic Worker: Monthly Minimum Wage: 800 650 550 Silent

At least 15 years old Work performed in or for a household

Silent excluded Silent Daily rest period Weekly rest period Adequate food

2,500 NCR 2,000 cities & first class municipalities 1,500 other municipalities Adjustment of Minimum Wage under RTWPB Periodic review Assignment Entitled to 13th month pay (I month service) Pay slip (in cash) 16 hrs of work 8 hrs rest period; aggregate At least 24 consecutive hours Schedule – arrange; religious ground Board and lodging; three adequate meals/  day

Suitable living quarter Silent



Humane and safe sleeping arrangement Rest and assistance in case of illness and injuries suffered during service without loss of benefit Guarantee of privacy Extends to all forms of communications and personal effects Prohibition against privileged information covers all communications and information Prohibits public disclosure; inadmissible in evidence Access to outside communication During free time During work time in case of

emergency SSS Benefits: SSS if not over 60 & paid a Social Benefits: SSS, PhilHealth, monthly salary of at least 1,000 (RA 7655) HDMF At least 1 month of service But if the worker is paid 5,000 and Silent above, worker must share Entitled to all other benefits under existing laws e.g. paternity leave Failure to register subject to sanction No requirement, can be oral or written Requires execution of written employment contract before commencement of service in a language or dialect known to both Silent Incorporate in the contract the duties & responsibilities, period, compensation, authorized deductions; hours of work & allowable leaves, board & lodging & medical attention Agreement on deployment expenses, loan agreement, termination of employment, other lawful conditions Domestic worker is liable to pay


Employment certificate


Article 129


Parties may agree on pre-termination of employment relationship (just causes) 1. Verbal or emotional abuse, inhuman treatment, breach of terms and conditions, disease 2. Misconduct, gross or habitual neglect of duty, disease Same To issue the same within 5 days form request Private employment agencies Regulated by DOLE; solidarily liable for all wages, wage-related benefits & other benefits Jurisdiction of DOLE Regional Office on all labor-related disputes No reinstatement; payment of benefits Registry of Domestic Workers Employer is required to register in the brgy. Where his residence is located DILG/DLE

CRIMINAL OFFENSES (10,000 – 40,000) 1. Deposit for loss or damage 2. Prohibition on debt bondage 3. Employment below 15 4. Prohibition on interference on disposal of wages 5. Prohibition against withholding of wages TRANSITORY PROVISIONS Rights of Domestic Worker:  1. Right to minimum monthly cash wage (and to Pay slip) 2. Right to basic necessities (Board, Lodging & Medical Attendace) 3. Right to respect for privacy 4. Right to access to outside communication 5. Right to opportunity to basic education & training

6. Right to safe and healthful working condition 7. Right to daily rest period 8. Right to weekly rest period 9. Right to annul service incentive leave – every year 10. Right to 13th month pay 11. Right to social benefits 12. Right to other benefits 13. Right to indemnity in case of unjust dismissal 14. Right against abuse & violence 15. Right to certificate of employment Obligations of Domestic Worker  1. To render satisfactory service at all times 2. To keep private & confidential all communication and information pertaining to the ER or member of the household 3. To pay for the costs of using ER’s telephone or other communication facilities, if any 4. To honor and respect his contract until the expiration To abandon the ER without just cause – forfeit salary of not more than 95 days salary 5. To observe the 5 day prior notice Jurisprudence A person who works at the company premises whose duty was to cook and prepare lunch for the company’s EEs is a regular EE and not a househelper,a s she does not cater exclusively to the personal comfort of the family (2006 Remington Industrial, Corp.) Complainant was tasked of cleaning the house & cooking ( please see the case of 2011 Col Nathanie Mari House)

EMPLOYMENT OF HOMEWORKERS (Art. 153-155) Industrial homeworker is a system of production under which work for the ER or contractor is carried out by a homeworker at his/her home. Materials may or may not be furnished by the ER or contractor. Home refers to dwelling place Entitled to minimum wage except knitting, embroidery (needlework)

Different form factory production Industrial homeworker is a decentralized form of production where there is ordinarily very little supervision or regulation. Processing; Concept Means manufacturing, fabricating, packing, wrapping Homework; Prohibitions explosives, fireworks ad article of like character Drugs and poisons Other articles (toxic substances) Payment of Compensation Immediately upon receipt by the ER of the finished goods or articles from the homeworker or contractor NOTE 1: No need to pay again of the work was improperly executed – redo NOTE 2: If goods & articles have been returned for reasons due to the fault x x x

EMPLOYMENT OF NON-RESIDENT ALIENS Rule: AEP for all foreign nationas who intend to engage in gainful employment in the Philippines. Exception: 1. Members of diplomatic service & foreign government officials accredited by and with reciprocity arrangement with Philippine government 2. Officer and staff of international organization of which the Philippine is a member 3. Foreign nationals elected as members of the governing board who do not occupy any other position but have only voting rights 4. Foreign nationals who come to teach, present and/or conduct research studies in universities and colleges or visiting or exchange professors under formal agreements 5. Permanent resident foreign national, temporary resident visa holders 6. Owner and representative of foreign principal whose companies are accredited by POEA who come to the Philippines for a limited period and solely to interview Filipino applicants for employment abroad

7. All other foreign nationals granted exemption by law (DOLE D.O. No. 97-09 S. 2009)


Working Scholars (Sec. 14, Rule X,

Bk III)  No ER-EE Issued for the purpose of administering and enforcing the provision of the LC in Condition of Employment (1991 Filamer Christian Institute) Special Program for Employment of Students (RA 7323, amended RA 9547) Employing at least 10 persons Poor but deserving students 15-25 years old Time of Employment If in secondary level – during simmer and/or Christmas If in tertiary, vocational – any time of the year Length of Employment 20-52 working days if ET only except during Christmas vacation 10-15 days of ET (ER-EE exist but limited period) Compensation Entitled to minimum wage 60% in cash by ER 40% in voucher by government to answer for tuition and books Other Special Laws RA 7686 Dual Training System Act of 1994  No ER-EE Considered trainees No salary but allowance not less than 75% of applicable minimum wage

EMPLOYMENT OF ACADEMIC/NON-ACADEMIC PERSONNEL Manual of Regulation for Private Higher Education of 2008 (CHED Memo. Order No. 40, S. 2008) 2010 Revised Manual of Regulation for Private Schools in basic Education

(DepEd Order No. 88, S. 2010) Principle of Laws The manual of Regulation for Private School and not the LC determines whether or not a faculty member in an educational institution. Personnel in Higher Education Academic Personnel Academic Support Personnel Non-Academic Personnel – LC applies Full-time Faculty or Academic Personnel; Higher Education (Sec. 36) 1. Possess at least the prescribed minimum academic qualifications 2. Paid monthly or hourly based on regular teaching 3. Devotes not less than 8 hours of work a day 4. No other remunerative occupation elsewhere requiring regular hours of work 5. Not teaching full time in any other higher educational institution Acquisition of regular or permanent status; conditions 1. Must be full-time 2. Must have satisfactory completed his/her probationary employment 3. Must be re-hired or re-appointed immediately after the end of his/her probationary employment (Sec. 118) **At the end of probationary period, the decision to re-hire a probationary belongs to the university Forfeiture of regular or permanent status, at discretion of school (Section 118) considered resigned when he/she requests for a teaching load equivalent to a part-time load. NOTE 1: If forfeited, status is converted to a term-contract employment NOTE 2: Regular teaching load – no case to exceed for 24 units per semester NOTE 3: Normal hours of work of teaching or academic personnel shall be based on their normal (or regular) teaching loads. NOTE 4: Any teaching load in excess of the normal (or regular) teaching load shall be considered as overload. NOTE 5: If performed within the 8 hours work, overload shall be considered as an

overload honorarium. NOTE 6: If performed beyond the 8 hour daily work is overtime. NOTE 7: Overload is essentially a temporary arrangement resorted to when there is no faculty available to teach the subject/ cover a part Doctrine of Laws Overload pay is excluded from the 13th month pay, as it is paid by additional work in excess of the regular teaching load (2008 Letra Calamba) Higher Education; Part-time Those who do not meet the qualification prescribed for full-time employment Those who at the same time hold positions in the government unless permitted by the institution Tenure; Part-time A part-time EE cannot acquire a regular permanent status and hence may be terminated when a qualified teacher becomes available. Principle of Laws A part-time teacher cannot acquire a permanent status. Thus, the 3 semesters he served as part-time lecturer could not be credited to him in computing the number of years he has served to qualify her to permanent status. Basic Education; Personnel School teaching personnel Non-teaching personnel – includes kindergarten Full-time Employment; Basic Education; Conditions 1. Meets the minimum prescribed qualifications 2. No other remunerative employment regular working hours elsewhere 3. Services at least 8 hours a day

Employment of Senior Citizens

RA 9994 (Expanded Senior

Citizens Act of 2010)  Entitled to additional deductions from income equivalent to 50% of the total amount paid as salaries & wages to senior citizens At least 6 months employment

Employment of Drivers & Conductors in Public Utility Bus Transport Industry DO No. 118-12, S. 2012 dated January 13, 2012  Notarial Employment Contract “Part-fixed, part-performance based” Compensation Mutually agreed between the owner/operator and the driver & conductors Fixed Wage; Component Amount actually agreed upon BUT not lower than the applicable minimum wage (Basic + COLA) Shall include wage related benefits Maybe fixed on time (eg daily/monthly); per trip or per km/distance, within an 8 hour period; result or output based (Sec. 2, Rule II, NWPC Guidelines No. 1, S. 2012) Performance-based; Component Business performance (revenue/ridership) Safety performance (safety record ie incidence of road accident, traffic violations) Furnish the driver or conductor with original copy (Sec. 1, Rule II) Hours of Work; Overtime Not exceed 8 hours a day If required to work overtime, maximum hours of work shall not exceed 12 hours in any 24 hour shift, subject to safety and operation conditions of the bus (Sec. 3, Rule II) Rest Period On trip at least 1 hour exclusive of meal breaks within a 12 hours shift

Medical, Dental and Occupational Safety Art 156-165 BWC  Employment of Physician/Nurse/Dentist (Art. 157 on Emergency Medical & Dental Services) depend on number of EEs & nature of establishment (2009 Escasinas; 2005 Phil Global) Art. 161. Assistance of ER; Key Elements: Necessary assistance

The ER’s advice for the sick EE to take a 3-day rest and later have him brought to the nearest hospital will suffice (2011 Ocean Builders Construction Corp.) The detrination of what the phrase “adequate & immediate medical attendance” means is left to the ER (2003 Tolosa) Art. 161 does not grant or specify a claim or relief of. Thus, claims for an ER’ violation thereof are beyond the jurisdiction of LA  – just a labor standard provision

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