Presentation 1 - LABOR STANDARDS

8/13/2019 Presentation 1 - LABOR STANDARDS

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L BOR L W


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(a) "Person" (I-P-A-C-B-LR-OG) means an individual,partnership, association, corporation, business trust, legalrepresentatives, or any organized group of persons.(b) "Employer" includes any person acting directly orindirectly in the interest of an employer in relation to anemployee & 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 anemployer.(e)"Employ (SP) - includes to suffer or permit to work.

Art. 97. Definitions


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Art. 97. Definitions(d) "Agriculture" includes farming in all its branchesincludes:

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.


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Remuneration or earnings however designated,capable of being expressed in terms of money, whetherfixed or ascertained on a time, task, piece, or

commission basis, or other method of calculating thesame , payable by an employer to an employee under a written or unwritten contract of employment for workdone or to be done, or for services rendered or to berendered; and includes the fair and reasonable value ofboard, lodging, or other facilities customarily furnished bythe employer to the employee.

What is a wage?


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FAIR & REASONABLE VALUE -determined by the DOLE Secretary ,

" FRV " shall not include any profit to theemployer , or to any person affiliated with the

employer

What is a wage?


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FACILITIES SUPPLEMENT

Items of expenses necessary for thelaborers and his familys existence andsubsistence

Note: Does not include tools of trade

or articles / services primarily for thebenefit of the Er or necessary to theconduct of the Ers business.

Extra remuneration or special privileges or benefits given to orreceived by the laborers over and abovetheir ordinary earnings or wages

Forms part of the wage Independent of wage

Deductible from wage Not wage deductible

For the benefit of the worker andhis family.

Granted for the convenience of theEr.


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?

(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.

Requirements for facilitiesto be wage deductible


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What is the criterion in determiningwhether an item is a supplement orfacility?

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


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If there is no work performed by the employee, therecan 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 dueto the employers fault , the burden of economic losssuffered by the employee. Should not be shifted to theemployer.

Each party must bear his own loss.

Fair ays Wage for Fair Labor No Work No Pay Principle


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GR : If there is no work performed by the Ee, without the fault ofthe 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 dismissede. Otherwise illegally prevented from working.

But where the failure of employees to work was not due to theemployers fault, the burden of economic loss suffered by theemployee. Should not be shifted to the employer.

Each party must bear his own loss.

Fair ays Wage for Fair Labor No Work No Pay Principle


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

Equal Pay for Equal Work


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Coverage and Exclusions To whom does the title on wages apply?GR: It applies to all employeesXPN:

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 Developmentand upon approval of the Secretary of Labor andEmployment.

5. Workers of a barangay micro business enterprise ( R.A. 9178)


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WAGE SALARY

Compensation for manual labor (skilledor unskilled) also known as bluecollared workers , paid at stated timesand measured by the day, week, monthor season.

Paid to white collared workers anddenotes

higher degree of employmentor a superior grade of servicesand implies a position in office.

Considerable pay for a lower andless responsible character ofemployment.

Out gesture of a larger andmore important service

GR: Not subject to executionXPN: Debts incurred for food, shelter,clothing and medical attendance.

Subject to execution.


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Minimum Wage Rates

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

Minimum Wage lowest wage rate fixed by law that anEmployer can pay his employee; payment of minimum wages isnot dependent on the employers ability to pay

Daily-Paid Employee paid only for days he actually worked(6 days---261 days a month )


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Monthly-Paid Employee employees paid by the month,irrespective of the number of working days therein, with asalary 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 thestatutory minimum wage multiplied by 365 days dividedby 12.

Agricultural Rate farm work from land preparationto harvestingIndustrial Rate manufacturing or processing offarm products

Minimum Wage Rates


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The minimum wage rates fora. agricultural &b. nonagricultural employees and workers in each

and every region of the country shall be those prescribed by the Regional Tripartite Wages andProductivity Boards . (As amended by Section 3,Republic Act No. 6727, June 9, 1989).

Note: Agricultural wage rates are generally lower thanthe industrial.

Minimum Wage Rates


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Who sets minimum wage?a. Regional Tripartite Wages & Productivity Boardb. Congress

Complaint re: wages may be brought before the:a. DOLE Regional Office(Art. 129) orb. Labor Arbiter (Art. 217)

Minimum Wage Rates


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GR: Benefits being given to employees (Ees) cannotbe taken back or reduced unilaterally by the employer(Er) because the benefit has become part of theemployment 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 acompany policy & Ees can demand it as a matter ofright.

Concept of Non DiminutionND) of benefits


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A: It is applicable if it is shown that the grant ofbenefit:

1. Is based on an express policy of the law; or2. Has ripened into practice over a long period of

time and the practice is consistent and deliberateand is not due to an error in the construction/application of a doubtful or difficult question oflaw.

When is Non Diminution ofbenefits applicable?


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Payment by results .

The Secretary of Labor and Employment shallregulate the payment of wages by results ,including

pakyao, piecework, andother non-time work , in order to ensure the

payment of fair and reasonable wage rates,preferably through time and motion studies or inconsultation with representatives of workers and

employers organizations .


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Payment by results .

.Piece-rate workers may be subdivided into twocategories: 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 prescribedby the employer and are not yet approved by the DOLE .

(the number of pieces produced x the rate per pieceas determined by the employer.)


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Payment by results . . Benefits Payable to Piece-Rate Workers

(HANS MOTO)1. Holiday Pay

2. Applicable Statutory Minimum Daily Rate3. Night Differential Pay4. Service Incentive Leave5. Meal and Rest Periods

6. Overtime and Premium Pay7. Thirteenth Month Pay8. Other Benefitsgranted by law, individual

or CBAor company policy or practice.


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Art. 102. Forms of payment.GR. Wages shall be paid in legal tender.No employer shall pay the wages of an employee bymeans of : (PVCCTTA)

a. promissory notes,b. vouchers,c. coupons,d. tokens,

e. tickets,f. chits, org. any object other than legal tender, even when

expressly requested by the employee.

PAYMENT OF WAGES


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Payment by check Payment of wages bybank checks, postal checks or money orders isallowed 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, or3. 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 workplaceb. The employer or any of his agents or

representatives does not receive any pecuniary benefit

directly or indirectly from the arrangement.

PAYMENT OF WAGES


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Art. 102. Forms of payment.

c. The employees are given reasonable timeduring banking hours to withdraw their wages from thebank which time shall be considered as compensablehours worked if done during working hours

d. The payment by check is with the written

consent of the employees concerned if there is nocollective agreement authorizing the payment of wagesby bank checks .

PAYMENT OF WAGES


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Art. 103. Time of payment.

GR: Wages shall be paid at least once every two (2) weeks ortwice a month at intervals not exceeding sixteen (16) days.

XPN: If on account of force majeure or circumstancesbeyond the employers control payment of wages on or within the time herein provided cannot be made

The employer shall pay the wages immediately after suchforce majeure or circumstances have ceased .

No employer shall make payment with less frequencythan once a month.

PAYMENT OF WAGES


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Art. 103. Time of payment. The payment of wages of employees engaged to perform atask which cannot be completed in two (2) weeks shall besubject to the following conditions, in the absence of aCBA or arbitration award:

(a) That payments are made at intervals notexceeding sixteen (16) days, in proportion to the amount of

work completed;

(b) That final settlement is made upon completion ofthe work.

PAYMENT OF WAGES


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Art. 103. Time of payment.

The IRR of the Code requires every employer to pay hisemployees through payroll.

They payroll should clearly, among other data,1. the employee's pay rate,2. the deductions made, and3. The amount actually paid.

Also required are employees' individual timerecords.

PAYMENT OF WAGES


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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 placeshall be permissible only under the followingcircumstances:1. When payment cannot be effected at or near the place of

work by reason of the deterioration of peace and orderconditions, or by reason of actual or impendingemergencies caused by fire, flood, epidemic or othercalamity rendering payment thereat impossible

PAYMENT OF WAGES


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Art. 104. Place of payment.

XPN : Payment in a place other than the work place:

2. When the employer provides free transportationto the employees back and forth.

3. Under any other analogous circumstances;

Provided, That the time spent by the employeesin collecting their wages shall be considered ascompensable hours worked.

PAYMENT OF WAGES


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Prohibited Place of Payment

bar,night or day club,drinking establishment,

massage clinic,dance hall, orother similar places or in places where games

are played with stakes of money or thingsrepresenting money except in the case of personsemployed in said places.

PAYMENT OF WAGES


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Payment through Banks:Requisites

1. There must be a written permission of themajority of the employees concerned in anestablishment2. The establishment must have 25 or moreemployees

3. The establishment must be located within 1 km.radius to the bank. Payment through ATM allowed

PAYMENT OF WAGES


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Payment through Banks:Requisites

1. There must be a written permission of themajority of the employees concerned in anestablishment2. The establishment must have 25 or moreemployees

3. The establishment must be located within 1 km.radius to the bank. Payment through ATM allowed

PAYMENT OF WAGES


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Direct Payment of WagesGR: P aid directly to workers to whom they aredue.

XPN:1. Payment Through Another Persona. 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


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Direct Payment of Wagesb. When authorized under existing law including:i. payments for the insurance premiums of theemployee

ii. union dues where the right to check-off has beenrecognized by the employer in accordance with a collectiveagreement

iii. authorized in writing by the individual employeesconcerned2. Payment Through Heirs of Worker in case the

worker has died, employer may pay wages of the deceasedto the heirs of the latter without necessity of intestateproceedings

PAYMENT OF WAGES


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Direct Payment of Wages

3. Payment through Member of WorkersFamily where the employer is authorized in

writing by the employee to pay his wages to amember of his family.

PAYMENT OF WAGES


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Payment Through Heirs of Worker

Procedure:1. When the heirs are of age, they shall execute an affidavitattesting to their relationship to the deceased and the factthat they are his heirs to the exclusion of all other persons.

2. In case any of the heirs is a minor , such affidavit shallbe executed in his behalf by his natural guardian or next ofkin.3. Affidavit shall be presented to the employer whoshall make payment through the DOLE Sec. or hisrepresentative4. Payment of wage shall absolve the employer ofany other liability with respect to the amount paid.

PAYMENT OF WAGES


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No employer shall limit or otherwise interfere with the freedom of any employee to dispose ofhis wages and no employer shall in any manneroblige any of his employees to patronize anystore or avail of the services offered by any

person.

Non interference inDisposal of Wages


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Wage DeductionsGR: NOT allowedExcept:1. In cases where the worker is insured with his consentby the employer, and the deduction is to recompense theemployer for the amount paid by him as premium on theinsurance2. For union dues , in cases where the right of the workeror his union to check-off has been recognized by the

employer or authorized in writing by the individual workerconcerned3. In cases where the employer is authorized by lawor regulations issued by the DOLE Secretary


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Wage DeductionsGR: NOT allowedExcept:1. In cases where the worker is insured with his consentby the employer, & the deduction is to recompense theemployer for the amount paid by him as premium on theinsurance2. For union dues , in cases where the right of the workeror his union to check-off has been recognized by the

employer or authorized in writing by the individual workerconcerned3. In cases where the employer is authorized by lawor regulations issued by the DOLE Secretary


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WORKING CONDITIONS FOR SPECIALGROUPS OF EMPLOYEES

A. WOMENNight Work Prohibition no woman regardless of ageshall be employed or permitted or suffered to work, with or

without compensation in any:1. In any industrial undertaking or branch thereof - between10 pm 6 am of the following day; or2. In any commercial or non-industrial undertaking or branchthereof, other than agricultural - between 12 mn 6 am of

the following day; or3. In any agricultural undertaking at nighttime unless she isgiven a period of rest of not less than nine (9) consecutivehours .


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A. WOMEN

Exceptions: Prohibitions DO NOT APPLY1. In cases of actual or impending emergencies

caused by serious accident, fire, flood, typhoon, earthquake,epidemic or other disasters or calamity, to prevent loss oflife or property, or in cases of force majeure or imminentdanger to public safety;

2. In case of urgent work to be performed onmachineries, equipment or installation, to avoid serious

loss which the employer would otherwise suffer;3. Where the work is necessary to prevent seriousloss of perishable goods ;


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Facilities for Women The DOLE Secretary may require employers to:

1. Provide seats proper for women & permit themto use such seats when they are free from work & during working hours, provided they can perform their duties inthis position without detriment to efficiency

2. To establish separate toilet rooms & lavatoriesfor men & women & provide at least a dressing room for

women3. To establish a nursery in a workplace for the

benefit of the women employees therein4. To determine appropriate minimum age & other

standards for retirement or termination in specialoccupations such as those of flight attendants & the like.


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WomenDiscrimination Prohibited

unlawful for any employer to discriminate againstany woman employee with respect to terms andconditions of employment solely on account ofher sex.

Acts of Discrimination1. Payment of a lesser compensation, including

wage, salary or other form of remuneration andfringe benefits, to a female employees as againsta male employee, for work of equal value


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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 theirsexes

Person guilty of committing these acts arecriminally liable under Arts. 288-289 of the L.C.

Institution of any criminal action under this provisionshall not bar the aggrieved employee from filing an entirelyseparate & distinct action for money claims, which mayinclude claims for damages & other affirmative reliefs.

The actions hereby authorized shall proceed independently

of each other.


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Women

Stipulation Against MarriageIt shall be unlawful for the employer to:1. require as a condition of employment or continuation ofemployment that a woman employee shall not get married2. to stipulate expressly or tacitly that upon gettingmarried, a woman employee shall be deemed resigned orseparated3. to actually dismiss, discharge, discriminate or otherwiseprejudice a woman employee merely by reason of hermarriage


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Women

Classification of Certain Women Workers Any woman who is permitted or suffered to work,

with or w/o compensation, in any night club, cocktaillounge, massage clinic, bar or similarestablishments under the effective control orsupervision of the employer for a substantial periodof time as determined by the Sec. of Labor &

Employment, shall be considered as an employee ofsuch establishment for purposes of labor and sociallegislation.


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B. MINORS


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B. MINORS

Below15

Not employed EXCEPT:

1. when the child works directly under the soleresponsibility of his/her parents/legal guardian who employs only members of his/her familyunder the ff conditions

a. employment does not endanger the childslife, safety, health and moralsb. employment does not impair the childsnormal development;c. the parent/legal guardian provides the child with

primary/secondary Education


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B. MINORS

Below

15

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

commercials promoting alcoholic beverages,

intoxicating drinks, tobacco and its by-productsor exhibiting violence

b. there is a written contract approved by theDOLE, if possible

c. the conditions prescribed for the employment ofminors in No. 1 are met


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B. Minors

Below15

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

childs exploitation / discrimination takinginto account the system and level of remuneration,duration, and arrangement of working time

iii. employer shall formulate and implement acontinuing program for training and skills acquisitionof the child, subject to approval and supervision ofcompetent authorities (as amended by RA 9231)


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B. Minors

15 Below 18 ALLOWED ONLY in: nonhazardousor non-deleterious undertakings

18 yearsand

above No prohibition


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B. MinorsHazardous Workplacesa. Nature of the work exposes the workers to dangerousenvironmental elements, contaminants or work conditionsb. Workers are engaged in construction work, logging,fire-fighting, mining, quarrying, blasting,stevedoring, dock-work, deep sea fishing, andmechanized farmingc. Workers are engaged in the manufacture or handling of

explosives and other pyrotechnic productsd. Exposed to or use of heavy power-driven machineryor equipmente. Workers use or are exposed to power-driven tools


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C. Househelpers


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C. Househelpers

Domestic or Household Service services in theemployers home which is which is usually necessary ordesirable for the maintenance & enjoyment thereof & includesministering to the personal comfort and convenience of themembers of the employers household, including services of

family drivers. Rights of Househelpers1. Not to be assigned to non-household work2. Reasonable compensation ( minimum cash wage)3. Lodging, food and medical attendance4. If under 18 years, an opportunity for elementaryeducation cost of which shall be part of househelpers compensation.


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Rights of Househelpers5. Contract for household service shall NOT

EXCEED 2 years renewable from year to year6. Just and humane treatment7. Right not to be required to work for more

than 10 hrs. a day if the househelper agrees to workovertime and there is additional compensation, the sameis permissible

8. Right to 4 days vacation each month with pay if the helper does not ask for the vacation, thenumber of vacation days cannot be accumulated, he isonly entitled only to its monetary equivalent.


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Rights of Househelpers

9. Funeral expenses must be paid by the employerif the househelper has no relatives with sufficientmeans in the place where the head of the family lives

10. Termination only for just cause11. Indemnity for unjust termination of service12. Employment certification as to nature and

duration of service and efficiency and conduct ofthe househelper.


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C. Househelpers

Indemnity for Unjust Termination of Service1. If the period for household service is fixed,

neither the employer nor the househelper mayterminate the contract before the expiration of theterm except for a just cause.

2. If the househelper is unjustly dismissed, heor she shall be paid the compensation alreadyearned + that for 15 days by way of indemnity

3. If the househelper leaves without justifiablereason, he or she shall forfeit any unpaid salarydue him/her not exceeding 15 days.


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C. Househelpers

Employment for Certificationupon the severance of the household

service relationship, the househelper maydemand from the employer a writtenstatement of the nature and duration of

the service and his/her efficiency andconduct as househelper


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Art. 153. Regulation ofIndustrial Homeworkers.

The employment of industrial homeworkers & field

personnel shall be regulated by the governmentthrough the appropriate regulations issued by theSecretary of Labor and Employment to ensure thegeneral welfare and protection of homeworkers &field personnel & the industries employing them .

D. Homeworkers


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D. Homeworkers

Homeworker applies to any person who performs industrialhomework for an employer, contractor orsub-contractorIndustrial Homeworker system of production under which

work for an employer or contractor is carried out by a homeworkerat his/her home.Materials may or may not be furnished by the employer orcontractor.Prohibitions for Homework

1. explosives, fireworks and articles of like character2. drugs and poisons3. other articles, the processing of which requires exposure to

toxic substance


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D. HomeworkersEmployer of Homeworker includes any person, natural or

artificial who, for his account or benefit, or on behalf of anyperson residing outside the country, directly or indirectly, orthrough an employee, agent contractor, sub-contractor or anyother person:

a. Delivers, or causes to be delivered, any goods,articles or materials to be processed or fabricated in or about ahome and thereafter to be returned or to be disposed of ordistributed in accordance with his directions

b. Sells any goods, articles or materials to be processedor fabricated in or about a home and then rebuys them aftersuch processing or fabrication, either by himself or throughsome other person


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D. HomeworkersLiability of employer and contractor

the duty of such employer to provide in such contract thatthe employees or homeworkers of the contractor &

the latter's sub-contractor shall be paid in accordancewith the provisions of this Rule. In the event that suchcontractor or sub-contractor fails to pay the wages orearnings of his employees or homeworkers as specified inthis rule ,

such employer shall be jointly and severally liable withthe contractor or subcontractor to the workers of the

latter , to the extent that such work is performed under suchcontract, in the same manner as if the employees orhomeworkers were directly engaged by the employer.


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APPRENTICES Who is an apprentice?

Any worker who is covered by a written apprenticeshipagreement with an individual employer or any of theentities 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


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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 advancedtechnology.

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.


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APPRENTICESQualifications of an Apprentice:

1. At least 15 years of ageNote: Those below 18 years of age shall not work inhazardous occupations

2. Physically fit for the occupation

3. Possess vocational aptitude and capacity4. Possess:a. The ability to comprehend, andb. Follow oral and written instructions

5. The company must have an apprenticeship program dulyapproved by the DOLE.Note: Trade and Industry associations may recommend tothe SLE appropriate educational requirements for differentoccupations.


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APPRENTICES

When is an occupation deemed hazardous?

Nature of work exposes worker to dangerous environmentalelemental contaminants or work conditions

Workers are engaged in construction work, logging, firefighting,mining, quarrying, blasting, stevedoring, deepsea fishing, andmechanized farming

Workers are engaged in the manufacture or handling of explosivesand other pyrotechnic products

Workers use, or are exposed to heavy or power driven machineryor equipment.


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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, theemployer is not obliged to employ the apprentice after thecompletion of his training.

Period of Apprenticeship

Must not exceed 6 months:2 months/400 hours: Trades or occupations which normally require 1 yea

or more for proficiency1 month/200 hours: Occupations and jobs which require more than 3months but less than 1 year for proficiency. (Sec. 19, Rule VI, Book II, IRR)


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APPRENTICES

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

Note: GR: Apprenticeship programs shall be primarily voluntary

XPN: Compulsory apprenticeship:

National security or economic development so demand, thePresident may require compulsory trainingServices of foreign technicians are utilized by private companies inapprenticeable trades.


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APPRENTICES

What is the status of an apprentice hired after suchterm?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 schoolBy the training program curriculumFor GraduationFor board examinations


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APPRENTICES

Who signs the apprenticeship agreement?Every apprenticeship agreement shall be signed by:

1. The employer or his agent, or2. An authorized representative of any of the recognized

organizations, associations or groups, and3. The apprentice.

Q: Who will sign if the apprentice is a minor? An apprenticeship agreement with a minor shall be signed inhis behalf by:1. His parent or guardian, or if the latter is not available,2. An authorized representative of the DOLE.


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APPRENTICES

Who may terminate an apprenticeship agreement?

Either party may terminate an agreement after the probationaryperiod but only for a valid cause.It may be initiated by either party upon filing a complaint or uponDOLEs own initiative.

Who may appeal the decision of the authorized agency of theDOLE?

It may be appealed by any aggrieved person to the SLE within 5days from receipt of the decision.Note: The decision of the SLE shall be final and executory


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APPRENTICES

Q: What is the procedure for the termination ofapprenticeship?

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 .


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LEARNERS

Who are learners? They are persons hired as trainees in semi skilled

and other industrial occupations

Which are nonapprenticeable and Which may be learned through practical training onthe job in a relatively short period of time which shallnot exceed 3 months

Whether or not such practical training issupplemented by theoretical instructions. (Sec. 1a, RuleVII, Book II, IRR)


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LEARNERS

When may learners be employed?

When no experienced worker is availableIt is necessary to prevent curtailment of

employment opportunities; andEmployment does not create unfair

competition in terms of labor costs or impair orlower working standards.


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LEARNERS Learnership Agreement?

Any employer desiring to employ learners shallenter 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 applicableminimum wage; and

D. A commitment to employ the learners if they sodesire, as regular employees upon completion of the

learnership.


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LEARNERS What is the status of learners who have been allowedor suffered work during the first 2 months, if trainingis terminated by the Er before the end of thestipulated 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 industrialoccupations which are non apprenticeable.


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Learnership Apprenticeship

Commitment toemploy With commitment toemploy the learner as aregular Ee if he desiresupon completion oflearnership

No commitmentto hire

In case of pretermination

of contract

Considered a regular Ee ifpretermination occurs after

2 months of training and thedismissal is without fault of thelearner.

Worker not consideredas regular employee.


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Learnership Apprenticeship

CoverageSemiskilled/Industrialoccupations

Highly technical industriesand only in industrialoccupation

There is a list of learnabletrades by TESDA

No list

Writtenagreement

Require Learnership Agreement

Requires Apprenticeship Agreement

HANDICAPPED WORKERS


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.HANDICAPPED WORKERSRA 9277)

HANDICAPPED WORKERS


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Who are handicapped workers (HW)? (PADIMI Those whose earning capacity is impaired by:

Physical deficiency A ge

InjuryD iseaseMental deficiencyIllness

What is the duration of the employment period ofhandicapped workers?

There is no minimum or maximum duration. It depends on theagreement but it is necessary that there is a specific duration stated .


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HANDICAPPED WORKERSRA 9277)

May handicapped workers be hired asapprentices or learners?

Yes, if their handicap is not such as to effectively

impede the performance of job operations in theparticular 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.


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When Employable1. their employment is necessary to preventcurtailment of employment opportunities2. does not create unfair competition in labor costs3. does not impair or lower working standards

Handicapped Workers May Become Regular

Employees if their handicap is not such as toeffectively impede the performance of job operations inthe particular occupations for which they were hired.


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Handicapped Disabled


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Handicapped DisabledDifferently Abled)

Earning capacity is impaired byage, or physical or mentaldeficiency or injury.

Refers to all suffering fromrestriction of different abilitiesas a result of mental, physicalor sensory impairment toperform an activity in the

manner or within rangeconsidered normal for a humanbeing.

Covers only workers. Covers all activities or

endeavors.Loss due to injury or physicalor mental defect or age.

Restriction due to impairmentof mental/physical/ sensorydefect .


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Rights and privileges of disabled

workers

1. Equal opportunity for employment2. Sheltered employment (the govt shall endeavor

to provide them work if suitable employment fordisabled persons cannot be found through openemployment)

3. Apprenticeship4. Vocational rehabilitation (means to develop the

skills and potentials of disabled workers andenable them to compete in the labor market)

5. Vocational guidance and counselling


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Incentives for employers

2. Private entities that improve or modify their physicalfacilities in order to provide reasonable accommodation

for disabled persons shall also be entitled to anadditional deduction from their net taxable income,equivalent to fifty percent (50%) of the direct costsof the improvements or modifications


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P hibiti di i i ti


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No disable person shall be denied access toopportunities for suitable employment.

A qualified disabled employee shall be subject to thesame terms and conditions of employment and thesame compensation, privileges, benefits, fringe benefits,incentives or allowances as a qualified able bodiedperson.

Five percent (5%) of all casual emergency andcontractual positions in the DSWD, DOH; DECS, andother government agencies, offices or corporationsengaged in social development shall be reserved for

Prohibition on discriminationagainst disabled workers

Presentation 1 - LABOR STANDARDS

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Transcript of Presentation 1 - LABOR STANDARDS