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BASIC LABOR LAWS: WHAT
EVERY EMPLOYEE SHOULD
KNOW
Atty. Irene C. Cunanan-Estrellado
Ateneo de Naga University
November 11, 2011
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SELL YOURSELF
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YOURE HIRED!
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TYPES OF EMPLOYMENT
REGULAR
an employment shall be deemed tobe regular where the employee has
been engaged to perform activitieswhich are usually necessary ordesirable in the usual business ortrade of the employer.
EXCEPT: Project Employees
Seasonal Employees
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TYPES OF EMPLOYMENT
CASUAL
An employment shall be deemed tobe casual if it is not covered by thepreceding paragraph.
Any employee who has rendered atleast one year of service, whethersuch service is continuous or broken,shall be considered a regular
employee with respect to the activityin which he is employed and hisemployment shall continue whilesuch activity exists.
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TYPES OF EMPLOYMENT PROBATIONARY
Probationary employment shall not exceedsix (6) months from the date the employeestarted working, unless it is covered by anapprenticeship agreement stipulating alonger period.
The services of an employee who hasbeen engaged on a probationary basis maybe terminated for a just cause or when hefails to qualify as a regular employee inaccordance with reasonable standards
made known by the employer to theemployee at the time of his engagement.
An employee who is allowed to work after aprobationary period shall be considered aregular employee.
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8-5 JOB???
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WORKING CONDITIONS
AND REST PERIODS COVERAGE The provisions of this Title shall apply to
employees in all establishments andundertakings whether for profit or not.
EXCEPT: government employees
managerial employees
field personnel
members of the family of the employer whoare dependent on him for support
domestic helpers
persons in the personal service of another
workers who are paid by results
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WORKING CONDITIONS
AND REST PERIODS
NORMAL HOURS OF WORK
The normal hours of work of any employeeshall not exceed eight (8) hours a day
Health personnel in cities and
municipalities with a population of at least1,000,000 or in hospitals and clinics with abed capacity of at least 100 shall holdregular office hours for 8 hours a day, for 5days a week, exclusive of time for meals,
except where the exigencies of the servicerequire that such personnel work for 6 daysor 48 hours, in which case, they shall beentitled to 30% of their regular wage forwork on the sixth day.
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OT!!!
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WORKING CONDITIONS
AND REST PERIODS
OVERTIME WORK
Regular Overtime (work rendered onregular days): 125%
Overtime on Rest Day: 130% of Rest Day
Premium Pay Overtime on Holiday: 130% of Holiday
Premium Pay
Undertime work on any particular day shallnot be offset by overtime work on any other
day. Permission given to the employee togo on leave on some other day of the weekshall not exempt the employer from payingthe additional compensation required inthis Chapter.
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TGIF!!!
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WORKING CONDITIONS
AND REST PERIODS
WEEKLY REST PERIOD
It shall be the duty of everyemployer, whether operating forprofit or not, to provide each of his
employees a rest period of not lessthan twenty-four (24) consecutivehours after every six (6) consecutivenormal work days.
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WORKING CONDITIONS
AND REST PERIODS
COMPENSATION FOR REST DAY,SUNDAY OR HOLIDAY WORK
Work on Rest Day: 130% for the first8 hours
Work on Special Holiday: 130% forthe first 8 hours
Work on Special Holiday falling on aRest Day: 150% for the first 8 hours
Work on Regular Holiday: 200% forthe first 8 hours
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ITS ALL ABOUT THE
MONEY!
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WAGES FORMS OF PAYMENT
No employer shall pay the wages of anemployee by means of promissory notes,vouchers, coupons, tokens, tickets, chits,or any object other than legal tender, evenwhen expressly requested by the
employee. Payment of wages by check or money
order shall be allowed when such mannerof payment is customary on the date ofeffectivity of this Code, or is necessary
because of special circumstances asspecified in appropriate regulations to beissued by the Secretary of Labor andEmployment or as stipulated in a collectivebargaining agreement.
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WAGES TIME OF PAYMENT
Wages shall be paid at least once every two
(2) weeks or twice a month at intervals notexceeding sixteen (16) days.
DIRECT PAYMENT OF WAGES
Wages shall be paid directly to the workers towhom they are due.
EXCEPT: In cases of force majeure rendering such
payment impossible or under other specialcircumstances to be determined by theSecretary of Labor and Employment inappropriate regulations, in which case, the
worker may be paid through another personunder written authority given by the worker forthe purpose; or
Where the worker has died, in which case, theemployer may pay the wages of the deceased
worker to the heirs of the latter without thenecessity of intestate proceedings
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WAGES WAGE DEDUCTIONS
No employer, in his own behalf or in behalf ofany person, shall make any deduction from thewages of his employees.
EXCEPT
In cases where the worker is insured with his
consent by the employer, and the deduction isto recompense the employer for the amountpaid by him as premium on the insurance;
For union dues, in cases where the right of theworker or his union to check-off has beenrecognized by the employer or authorized in
writing by the individual worker concerned; and In cases where the employer is authorized by
law or regulations issued by the Secretary ofLabor and Employment.
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BENEFITS ANYONE?
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YOURE FIRED!!!
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TERMINATION
BY EMPLOYER
FOR LAWFUL CAUSES:
Serious misconduct or willful disobedience bythe employee of the lawful orders of hisemployer or representative in connection withhis work
Gross and habitual neglect by the employee ofhis duties
Fraud or willful breach by the employee of thetrust reposed in him by his employer or dulyauthorized representative
Commission of a crime or offense by theemployee against the person of his employeror any immediate member of his family or hisduly authorized representatives; and
Other causes analogous to the foregoing.
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TERMINATION
BY EMPLOYER FOR AUTHORIZED CAUSES:
installation of labor-saving devices
redundancy
retrenchment to prevent losses
partial or total closure or cessationof operation of the establishment or
undertaking affliction of disease prejudicial to the
employee's health and/or his co-employees' health
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TERMINATION
BY EMPLOYEE WITHOUT CAUSE
WITH CAUSE
Serious insult by the employer or hisrepresentative on the honor and person of theemployee
Inhuman and unbearable treatment accordedthe employee by the employer or hisrepresentative
Commission of a crime or offense by theemployer or his representative against theperson of the employee or any of theimmediate members of his family
Other causes analogous to any of theforegoing.
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AGING WITH GRACE
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RETIREMENT
In the absence of a retirement plan oragreement providing for retirement benefits ofemployees in the establishment, an employeeupon reaching the age of sixty (60) years ormore, but not beyond sixty-five (65) yearswhich is hereby declared the compulsory
retirement age, who has served at least five (5)years in the said establishment, may retire andshall be entitled to retirement pay equivalent toat least one-half (1/2) month salary for everyyear of service, a fraction of at least six (6)months being considered as one whole year
Unless the parties provide for broaderinclusions, the term one-half (1/2) monthsalary shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and thecash equivalent of not more than five (5) daysof service incentive leaves.
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