Employment Promotion (Philippines) PDF

EMPLOYMENT EMPLOYMENT PROMOTION PROMOTION PART VII  Learning Learning Objectives Objectives After learning the concept, the students will be able 01 01 To identify appropriate salary according to the grade level sala...

EMPLOYMENT EMPLOYMENT PROMOTION PROMOTION PART VII  Learning Learning Objectives Objectives After learning the concept, the students will be able 01 01 To identify appropriate salary according to the grade level salary 02 02 To determine the right of the workers in terms of benefits and promotion 03 03 To apply different RA in the field of nursing EMPLOYMENT EMPLOYMENT PROMOTION PROMOTION Benefit – an allowance of money, privileges to which a person is entitled from an insurance, government funds or from his employment.  SALARY SALARY - a fixed periodical compensation paid for services rendered. - a stated compensation amounting to so much by the year, month, or other fixed period to be paid  SALARY SALARY - beginning salary should be set for the position the employee is accepting, as well as the amounts of periodic increases. - differentials for the evening and night shifts and rate and conditions of overtime pay should also be stipulated.  R.A. R.A. 9173 9173 Article Article VII VII Section Section 32 32 Salary RA 6758, otherwise known as the :Compensation and Classification Act of 1989 : Provided, that for nurses working in local government units, adjustments to their salaries shall be in accordance with Section 10 of the said law. Salary Grade 15 the minimum base pay of nurses working in the public health shall not be lower than salary  R.A. R.A. 9173 9173 Article Article VII VII Section Section 34 34 Incentives and Benefits The Board of Nursing, DOH and other government agencies, association of hospitals, and the accredited professional organization, shall establish an incentive and benefit system in the form of free hospital care for nurses and their dependents, scholarship grants and other non-cash benefits. The government and private hospitals are hereby mandated to maintain the standard nurse-patient ratio set by the Department of Health  R.A. R.A. 7305 7305 Section Section 19 19 Magna Carta for Public Health Workers. Salary Salary scale - shall be provided in progression from minimum to maximum and shall not extend over the period of 10 years Equality in salary scale - salary scales of public health workers appropriated by a city, municipality, district or provincial government shall not be less than those provided for public health workers of the National Government  R.A. R.A. 7305 7305 Section Section 19 19 Magna Carta for Public Health Workers. Salary Salaries to be paid in legal tender - of the Philippines or equivalent in checks or treasury warrants, provided such checks or treasury warrants shall be convertible to cash in any banking institution operating under the laws of the Republic of the Philippines. Deductions prohibited – no any deduction shall be made whatsoever from the salaries of public health workers except under specific provision of the law authorizing such deductions.  Additional Additional pay pay – Overtime work – Work during rest day – Night-shift differential  R.A. R.A. 7305 7305 –Section –Section 20 20 Magna Carta for Public Health Workers. Additional Compensation - Hazard allowance - Subsistence allowance - Longevity pay - Laundry allowance - Remote assignment allowance  R.A. R.A. 7305 7305 –Section –Section 20 20 Other Benefit - Housing - Medical examination - Compensation for injuries - Leave benefits - Highest basic salary upon retirement Salary Salary Standardization Standardization Law Law of of 2019 2019 (SSL (SSL V) V) January 8, 2020- President Rodrigo Duterte signed the SSLV - Salary schedules of government workers will increase in 4 tranches every January starting 2020 until 2023 - Government employees, public school teachers, nurses, doctors and other civil service workers are set to receive higher salaries with the signing of the new Salary Standardization Law - Took effect last January 1, 2020 Salary Salary Standardization Standardization Law Law of of 2019 2019 (SSL (SSL V) V) January 8, 2020- President Rodrigo Duterte signed the SSLV - Salary schedules of government workers will increase in 4 tranches every January starting 2020 until 2023 - Government employees, public school teachers, nurses, doctors and other civil service workers are set to receive higher salaries with the signing of the new Salary Standardization Law - Took effect last January 1, 2020 Labor Labor Code Code of of the the Philippines Philippines - the law governing employment practices and labor relations in the Philippines - It was enacted on Labor day of 1974 by President Ferdinand Marcos, in the exercise of his then extant legislative powers - prescribes the rules for hiring and termination of private employees Labor Labor Code Code of of the the Philippines Philippines - the conditions of work including maximum work hours and overtime; - employee benefits such as holiday pay, - thirteenth month pay - retirement pay - guidelines in the organization and membership in labor unions as well as in collective bargaining. Labor Labor Code Code of of the the Philippines Philippines - Strikes are also authorized for as long as they comply with the strict requirements under the Code, - workers who organize or participate in illegal strikes may be subject to dismissal Labor Labor Code Code of of the the Philippines Philippines PRE-EMPLOYMENT Art. 12. Statement of objectives. It is the policy of the State: a. To promote and maintain a state of full employment through improved manpower training, allocation, and utilization; b. To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions ofemployment c. To facilitate a free choice of available employment by persons seeking work in conformity with the national interest; Labor Labor Code Code of of the the Philippines Philippines PRE-EMPLOYMENT d. To facilitate and regulate the movement of workers in conformity with the national interest; e. To regulate the employment of aliens, including the establishment of a registration and/or work permit system; Labor Labor Code Code of of the the Philippines Philippines PRE-EMPLOYMENT f. To strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives; g. To ensure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad. Labor Labor Code Code of of the the Philippines Philippines Art. 17. Overseas Employment Development Board.. It shall have the power and duty: 1. To promote the overseas employment of Filipino workers through a comprehensive market promotion and development program 2. To secure the best possible terms and conditions of employment of Filipino contract workers on a government- to-government basis and to ensure compliance therewith Labor Labor Code Code of of the the Philippines Philippines Art. 17. Overseas Employment Development Board.. It shall have the power and duty: 3. To recruit and place workers for overseas employment on a government-to-government arrangement and in such other sectors as policy may dictate; and 4. To act as secretariat for the Board of Trustees of the Welfare and Training Fund for Overseas Workers. Labor Labor Code Code of of the the Philippines Philippines Art. 18. Ban on direct hiring. -No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. -Direct hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision. Labor Labor Code Code of of the the Philippines Philippines Art. 21. Foreign service role and participation. - To provide ample protection to Filipino workers abroad, the labor attaches, the labor reporting officers duly designated by the Secretary of Labor and the Philippine diplomatic or consular officials concerned shall, even without prior instruction or advice from the home office, Labor Labor Code Code of of the the Philippines Philippines Art. 21. Foreign service role and participation. Power and duty a. To provide all Filipino workers within their jurisdiction assistance on all matters arising out of employment; b. To ensure that Filipino workers are not exploited or discriminated against; Labor Labor Code Code of of the the Philippines Philippines Art. 21. Foreign service role and participation. Power and duty c. To verify and certify as requisite to authentication that the terms and conditions of employment in contracts involving Filipino workers are in accordance with the Labor Code and rules and regulations of the Overseas Employment Development Board and National Seamen Board; d. To make continuing studies or research and recommendations on the various aspects of the employment market within their jurisdiction; Labor Labor Code Code of of the the Philippines Philippines Art. 21. Foreign service role and participation. Power and duty e. To gather and analyze information on the employment situation and its probable trends, and to make such information available; and f. To perform such other duties as may be required of them from time to time. Labor Labor Code Code of of the the Philippines Philippines Art. 38. Illegal recruitment. a.Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of this Code. Labor Labor Code Code of of the the Philippines Philippines Art. 38. Illegal recruitment. b. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof. Labor Labor Code Code of of the the Philippines Philippines Art. 38. Illegal recruitment. - Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. - Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group Labor Labor Code Code of of the the Philippines Philippines Art. 38. Illegal recruitment. - The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of jobseekers. Labor Labor Code Code of of the the Philippines Philippines Art. 38. Illegal recruitment. - The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties, and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so Labor Labor Code Code of of the the Philippines Philippines Art. 39. Penalties. a. The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P1000,000.00) shall be imposed if illegal recruitment b. Any licensee or holder of authority found violating or causing another to violate any provision will suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both such imprisonment and fine, at the discretion of the court; Labor Labor Code Code of of the the Philippines Philippines Art. 39. Penalties. c. Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court; Labor Labor Code Code of of the the Philippines Philippines Art. 39. Penalties. d. If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; Labor Labor Code Code of of the the Philippines Philippines Art. 39. Penalties. e. In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives. ; Labor Labor Code Code of of the the Philippines Philippines Art. 39. Penalties. e. In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives. ;  BOOK BOOK THREE THREE CONDITIONS CONDITIONS OF OF EMPLOYMENT EMPLOYMENT Title Title II WORKING WORKING CONDITIONS CONDITIONS AND AND REST REST PERIODS PERIODS  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. ;  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 82. Coverage. “Managerial employees” refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. “Field personnel” shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty;  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 83. Normal hours of work. -The normal hours of work of any employee shall not exceed eight (8) hours a day.  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 83. Normal hours of work. - A population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals - service requires work for six (6) days or forty-eight (48) hours, is entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day.  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 83. Normal hours of work. To whom this will be applied…. - “health personnel” shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel..  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 84. Hours worked. Hours worked shall include (a)all time during which an employee is required to be on duty or to be at a prescribed workplace; (b)all time during which an employee is suffered or permitted to work. Note: Rest periods of short duration during working hours shall be counted as hours worked..  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 85. Meal periods. -it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. Art. 86. Night shift differential. - Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 87. Overtime work. -Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. -Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 88. Undertime not offset by overtime. -Undertime work on any particular day shall not be offset by overtime work on any other day. -Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases: a. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases: b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 89. Emergency overtime work. c. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; d. When the work is necessary to prevent loss or damage to perishable goods; and e. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.  Chapter Chapter II HOURS HOURS OF OF WORK WORK Art. 89. Emergency overtime work. Note: Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 91. Right to weekly rest day. - It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 91. Right to weekly rest day. b. The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. Ex. 7th day Adventist , Muslim, INC CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day: a. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day: b. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; c. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 93. Compensation for rest day, Sunday or holiday work. a.Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 93. Compensation for rest day, Sunday or holiday work. b. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays. CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 93. Compensation for rest day, Sunday or holiday work. c. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage. CHAPTER CHAPTER II-WEEKLY II-WEEKLY REST REST PERIOD PERIOD Art. 93. Compensation for rest day, Sunday or holiday work. d. Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate. ChapterIII ChapterIII HOLIDAYS, HOLIDAYS, SERVICE SERVICE INCENTIVE INCENTIVE LEAVES LEAVES AND AND SERVICE SERVICE CHARGES CHARGES Art. 94. Right to holiday pay. a. Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers; b. The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; ChapterIII ChapterIII HOLIDAYS, HOLIDAYS, SERVICE SERVICE INCENTIVE INCENTIVE LEAVES LEAVES AND AND SERVICE SERVICE CHARGES CHARGES Art. 94. Right to holiday pay. c. “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty- fifth and thirtieth of December and the day designated by law for holding a general election CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 132. Facilities for women. Employers hereby requires to: a.Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; b.To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 132. Facilities for women. Employers hereby requires to: c. To establish a nursery in a workplace for the benefit of the women employees d. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 133. Maternity leave benefits. a.Every employer shall grant to any pregnant woman who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. - medical certificate is required CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 133. Maternity leave benefits. b. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 133. Maternity leave benefits. c. The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code. CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 134. Family planning services; incentives for family planning. a. Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 134. Family planning services; incentives for family planning. b. In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise. CHAPTER CHAPTER II EMPLOYMENT EMPLOYMENT OF OF WOMEN WOMEN Art. 134. Family planning services; incentives for family planning. b. In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise.  BOOK BOOK FOURFOUR Health,Safety, Health,Safety, and and Social Social Welfare Welfare Benefits Benefits TitleI TitleI Medical, Medical, Dental Dental And And Occupational Occupational Safety Safety CHAPTER CHAPTER I_MEDICAL I_MEDICAL AND AND DENTAL DENTAL SERVICES SERVICES Art. 156. First-aid treatment. -Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of work may require, in accordance with such regulations as the Department of Labor and Employment shall prescribe. CHAPTER CHAPTER I_MEDICAL I_MEDICAL AND AND DENTAL DENTAL SERVICES SERVICES Art. 157. Emergency medical and dental services. -The services of a full-time registered nurse when the number of employees exceeds fifty (50) but not more than two hundred (200) - - services of a graduate first-aider shall be provided for the protection of workers, where no registered nurse is available. CHAPTER CHAPTER I_MEDICAL I_MEDICAL AND AND DENTAL DENTAL SERVICES SERVICES Art. 157. Emergency medical and dental services. b. employees exceeds two hundred (200) but not more than three hundred (300) needs full-time registered nurse, a part-time physician and dentist, and an emergency clinic c.The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and an infirmary or emergency hospital with one bed capacity for every one hundred (100) employees when the number of employees exceeds three hundred (300). CHAPTER CHAPTER I_MEDICAL I_MEDICAL AND AND DENTAL DENTAL SERVICES SERVICES Art. 160. Qualifications of health personnel. -The physicians, dentists and nurses shall have the necessary training in industrial medicine and occupational safety and health. The Secretary of Labor and Employment, in consultation with industrial, medical, and occupational safety and health associations, shall establish the qualifications, criteria and conditions of employment of such health personnel.  CHAPTER CHAPTER V-MEDICAL V-MEDICAL BENEFITS BENEFITS Art. 185. Medical services. - Immediately after an employee contracts sickness or sustains an injury, he shall be provided by the System during the subsequent period of his disability with such medical services and appliances as the nature of his sickness or injury and progress of his recovery may require, subject to the expense limitation prescribed by the Commission.  CHAPTER CHAPTER V-MEDICAL V-MEDICAL BENEFITS BENEFITS Art. 186. Liability. - The System shall have the authority to choose or order a change of physician, hospital or rehabilitation facility for the employee, and shall not be liable for compensation for any aggravation of the employee’s injury or sickness resulting from unauthorized changes by the employee of medical services, appliances, supplies, hospitals, rehabilitation facilities or physicians  CHAPTER CHAPTER V-MEDICAL V-MEDICAL BENEFITS BENEFITS Art. 187. Attending physician. -Any physician attending an injured or sick employee shall comply with all the regulations of the System and submit reports in prescribed forms at such time as may be required concerning his condition or treatment. -All medical information relevant to the particular injury or sickness shall, on demand, be made available to the employee or the System. No information developed in connection with treatment or examination for which compensation is sought shall be considered as privileged communication  CHAPTER CHAPTER V-MEDICAL V-MEDICAL BENEFITS BENEFITS Art. 188. Refusal of examination or treatment. - If the employee unreasonably refuses to submit to medical examination or treatment, the System shall stop the payment of further compensation during such time as such refusal continues. What constitutes an unreasonable refusal shall be determined by the System which may, on its own initiative, determine the necessity, character and sufficiency of any medical services furnished or to be furnished.  CHAPTER CHAPTER V-MEDICAL V-MEDICAL BENEFITS BENEFITS Art. 189. Fees and other charges. - All fees and other charges for hospital services, medical care and appliances, including professional fees, shall not be higher than those prevailing in wards of hospitals for similar services to injured or sick persons in general and shall be subject to the regulations of the Commission. Professional fees shall only be appreciably higher than those prescribed under Republic Act Numbered sixty-one hundred eleven, as amended, otherwise known as the Philippine Medical Care Act of 1969. Employment Employment law law in in the the Philippines Philippines Overview The employment law landscape -Philippine economy continues to be one of the fastest growing in South East Asia -attractive jurisdiction in which to do business due to relatively low labor costs and an educated and largely bilingual workforce -legal system is a mix of the civil and the common law system -main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions Employment Employment law law in in the the Philippines Philippines Overview -Constitution is the highest law, the Labour Code (“the Code”) is the statute that regulates employment relationships -The Code also applies to foreign nationals working in the Philippines -Philippine employment landscape is generally pro-labour rather than promanagement, meaning the law tends to be more employee- friendly Employment Employment law law in in the the Philippines Philippines Overview The employment contract -An employment contract can be oral or written so long as it satisfies the essential requirements of consent, object and cause -Parties are generally free to negotiate the terms and conditions of the contract, provided that they comply with the minimum statutory standards and are no less favourable than prescribed by the Code -The law does not require contracts to be written in any particular language Employment Employment law law in in the the Philippines Philippines Overview -a dual language contract in Filipino is recommended if an employee is a Philippine national and unable to fully understand the contract in English -Probationary periods are permitted and the maximum period allowed is six months. Employment Employment law law in in the the Philippines Philippines Types of employment : 5 Categories 1.regular employment where the employee is engaged for an indefinite period; 2.project employment where the period of employment is fixed for a specific undertaking; 3.seasonal employment where the period of employment is only for a certain time of the year. Employment Employment law law in in the the Philippines Philippines Types of employment : 5 Categories 4. casual employment where the employee is engaged to perform work that is merely incidental to the business of the employer and for a definite period; 5. Fixed term employment where the duration of the employment is specified before the employment relationship commences Employment Employment law law in in the the Philippines Philippines Note: Fixed-term contracts are not limited to seasonal work and extend to employment arrangements where both parties have voluntarily agreed on a fixed period of employment. Part-time workers in regular employment are entitled to the same rights as permanent employees Employment Employment law law in in the the Philippines Philippines Key minimum employment rights Leave - 12 paid regular holidays each year when employees are entitled to be paid their normal rate for an unworked day - Employees can be required to work on these days but must be paid double their usual rate - special non-working holidays are also proclaimed by the government each year, on which employers may choose to grant unpaid leave Employment Employment law law in in the the Philippines Philippines Key minimum employment rights Leave - Employees who are required to work on a special holiday must be paid a premium of 30% of their normal pay, - 50% if it falls on the employee’s rest day - Employees are entitled to five days of paid vacation leave after 12 months of service. - Employees are not entitled to statutory sick leave, although sick leave are granted through a voluntary employer policy or collective bargaining agreements. Employment Employment law law in in the the Philippines Philippines Key minimum employment rights Leave -Female employees are entitled to maternity leave of up to 105 days, all of which is paid. -Male employees are entitled to seven paid paternity leave days. Employment Employment law law in in the the Philippines Philippines Key minimum employment rights Leave -Maximum working hours is 8 hours per day or 48 hours per week. -excess of eight hours are entitled to overtime pay of 25% on top of their normal wage, -30% for if the work is done on a rest day Employment Employment law law in in the the Philippines Philippines Key minimum employment rights Leave -Employees are entitled to an unpaid rest period of at least 24 consecutive hours for every six consecutive days of work. -In emergency situations employees may be required to perform overtime work and to work outside their normal work schedule, provided they are paid the overtime premium. -Employees are entitled to a daily unpaid meal break of at least one hour or a paid meal break of 20 minutes Employment Employment law law in in the the Philippines Philippines Pay and social security: The minimum wage rate varies between regions. -In Metro Manila, the minimum wage is now P 537.00 per day effective from 2 January 2020 -National Health Insurance Programme and the Home Development Mutual Fund which covers sickness, maternity, disability, retirement, deaths and funerals, health insurance and housing loans Employment Employment law law in in the the Philippines Philippines Pay and social security: -Employees and employers must both contribute to the Social Security System (SSS), -For example, the current SSS contribution rate is 11% of monthly salary not exceeding PHP16,000 and is split between the employer (7.37%) and the employee (3.63%). -Employers must also contribute an equivalent to one per cent of the employee’s monthly salary to the Employees’ Compensation Programme which covers medical and rehabilitation services which the current required minimum contribution is PHP10. Employment Employment law law in in the the Philippines Philippines Discrimination and harassment -Employees have the right to work without being discriminated against on the basis of gender, age, race, creed, disability, diseases or indigenous backgrounds -unlawful for employers to discriminate against employees who have filed any complaint concerning wages, joined or encourage membership of labour organisations, or testified under the Code. -Sexual harassment in the workplace is also prohibited under statutory law. “No matter how much falls on us, we keep plowing ahead. That's the only way to keep the roads clear.” ― ― Greg Greg Kincaid Kincaid Thanks!-lma Do you have any questions? CREDITS: This presentation template was created by Slidesgo, including icons by Flaticon, and infographics & images by Freepik Please keep this slide for attribution