Labor Law Cheat Sheet PDF

Labor Law Cheat Sheet Tags Done Date @November 6, 2023 BOOK ONE: PRE-EMPLOYMENT Recruitment and Placement canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers...

Labor Law Cheat Sheet Tags Done Date @November 6, 2023 BOOK ONE: PRE-EMPLOYMENT Recruitment and Placement canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers referrals, contract services, promising, or advertising employment offering employment to two or more persons with or without pay License document issued by DOLE for operating private employment agencies recruitment and placement for a fee Authority document issued to authorize person or entity recognized as private recruitment agencies recruitment and placement without fee Employment of Non-Resident Aliens the employer must: obtain an employment permit from DOLE submit a list of non-resident aliens to be employed within 30 days the alien cannot transfer jobs or change employers without approval from DOLE BOOK TWO: HUMAN RESOURCES DEVELOPMENT PROGRAM National Manpower Development Program National Policies and Administrative Machinery Labor Law Cheat Sheet 1  summary is that this ensures efficient development and utilization of the nation’s manpower in establishing human resources includes training and promotion of employment Manpower portion of the population with actual or potential capability to contribute directly to the production of goods and services Entrepreneurship training for self-employment or assistance to individual or small industries Apprenticeship OJT + theoretical instruction 3 to 6 months duration covered by apprenticeship agreement companies have the option to hire after program receives at least 75% of minimum wage Qualifications at least 14 years old vocational aptitude oral and written comprehension Learnership semi-skilled & non-apprenticeable industrial occupations does not exceed 3 months covered by learnership agreement companies are obliged to hire after program receives at least 75% of minimum wage Handicapped Workers earning capacity limited by age or mental/physical deficiencies Labor Law Cheat Sheet 2  employed when employment is necessary to prevent reduction of employment opportunities and does not create unfair competition may be hired as apprentices or learners, provided that handicaps do not impede job performance BOOK THREE: CONDITIONS OF EMPLOYMENT Managerial Employees primary duty: management of the establishment which they are employed or of a department Field Personnel non-agricultural employees working outside principal work premises Work Hours Normal ⇒ 8 hours Rest Period or Coffee Breaks ⇒ 5-20 minutes Meal Period ⇒ at least 1 hour Night Shift Differential ⇒ work performed from 10 PM to 6 AM Overtime Work ⇒ work beyond 8 hours undertime work shall not be recompensated by overtime work in the same manner, allowing the employee to leave early and have them do overtime work does not exempt to employer from having to pay additional compensation in other words, regular wage sa undertime and overtime pay sa overtime Emergency Overtime Work cases: country at war prevent loss of life and property actual or imminent emergency Labor Law Cheat Sheet 3  urgent work on machines, installations, or equipment prevent loss or damage to perishable goods prevent serious obstruction or prejudice to the business Right to Weekly Rest Day 6 days work day; 1 day rest day employer determines rest day subject to collective bargaining agreement respect the preference of employees if based on religious grounds Compensation for Rest Day and Special Days Rest Day = additional 30% of minimum wage if nature of work has no regular workdays and no scheduled rest days = additional 30% on Sundays and Special Days Special Day = additional 30% Special Day + Rest Day = additional 50% Right to Holiday Pay unworked = 100% wage worked = 200% wage double holiday = 300% wage Right to Service Incentive Leave must have rendered at least 1 year of service 5 days with pay not apply to the ff: vacation leave of at least 5 days establishments with less than 10 employees exempted by Secretary of Labor after considering the financial condition of establishment Service Charges Labor Law Cheat Sheet 4  100% to covered employees and none to managerial employees Wages Forms of Payment not by means of promisory notes, vouchers, coupons, token, tickets, chits, or any other than legal tender check or money order is allowed when such method is customary Time of Payment twice a month with intervals not exceeding 16 days Place of Payment at workplace Attorney’s Fees in case of unlawful withholding of wage, attorney’s fees are equivalent to 10% wages recovered Prohibitions Regarding Wages interference in disposal (di pwedeng mangialam kung saan gagastusin ni employee) wage deductions; except: insurance (to recompense employer) union dues authorized by law deposits for loss or damage (di pwedeng magdeposit for deductions on loss or damages) hindi pwedeng magdeduct unless the employee is heard and responsibility for damages is shown withholding of wages (hindi pagbigay ng any amount to the employee) kickbacks (inducing employer to give up a part of the wage without their consent) deduction to ensure employment retaliatory measures (revenge to those who complain) Labor Law Cheat Sheet 5  false reporting Employment of Women Facilities seats proper for women separate toilet rooms for women and at least a dressing room for women nursery Maternity Leave Benefits 105 days for live childbirth 60 days for miscarriage or termination of pregnancy 120 days for childbirth of solo parent extendable by 30 days without pay Family Planning Services establishment required to establish clinics or infirmaries shall provide free family planning services Acts of Discrimination lesser compensation than male employees favoring male employee over female employee on the basis of sex Stipulation against Marriage marriage cannot be considered a condition of employment or continuation of employment women cannot be deemed separated or dismissed on the basis of their marriage if such marriage does not impede on job operations Prohibited Acts denying women of benefits or discharging her to prevent her from enjoying benefits discharging women due to their pregnancy discharging or refusal to admit returning women in fear of them being pregnant again Labor Law Cheat Sheet 6  Employment of Minors children below 15 years shall be employed unless under direct responsibility of parents or guardian children 15 to 18 years old may be employed for a limited number of hours and periods of the day children below 18 years old may not be employed in hazardous work no employer shall discriminate any person on account of their age Employment of Househelpers contract not more than 2 years, but it is renewable if under 18 years old, must provide an opportunity for at least elementary education, which is part of their compensation lodging, food, and medical attendance are free of charge unjust dismissal ⇒ compensation already earned + 15 days by way of indemnity leaving without reason ⇒ forfeiture of unpaid salary due not exceeding 15 days notice of termination ⇒ given to househelper 5 days before dismissal Employment of Night Workers working from 12 MN to 5 AM Health Assessment should be undergone free of charge before assignment regular intervals during assignment experience of health problems caused by performance of night work first-aid facilities should be made available to them BOOK FOUR: HEALTH, SAFETY, AND SOCIAL WELFARE BENEFITS Emergency Medical and Dental Services 51 to 200 employees Labor Law Cheat Sheet 7  full-time nurse (hazardous work) graduate first-aider (non-hazardous work) 201-300 employees full-time nurse part-time physician and dentist emergency clinic more than 300 employees full-time nurse, physician, dentist dental clinic & infirmary 1 bed capacity : 100 employees Temporary Total Disability daily income benefit 10 to 90 pesos 120 days continuous Permanent Total Disability monthly income benefit each month until death guaranteed in 5 years suspended if: gainfully employed recovers from disability fails to be present for examination at least once a year disabilities: lasting more than 120 days loss of eyesight in both eyes loss or permanent paralysis of two limbs Labor Law Cheat Sheet 8  brain injury resulting in imbecility or insanity Permanent Partial Disability monthly income benefit not more than scheduled period schedules: ⇒ 3 months little finger ring finger ⇒ 5 months middle finger ⇒ 6 months index finger ⇒ 8 months thumb ⇒ 10 months big toe ⇒ 6 months other toe ⇒ 3 months arm ⇒ 50 months hand ⇒ 39 months leg ⇒ 46 months one ear ⇒ 10 months both ears ⇒ 20 months hearing in one ear ⇒ 10 months hearing in both ears ⇒ 50 months sight of one eye ⇒ 25 months reminders: wrist = hand elbow = arm ankle = foot knee = leg more than one joint = half of whole finger or toe Labor Law Cheat Sheet 9  Death Benefits monthly income benefit plus 10% for each dependent child up to 5 children beginning with the youngest guaranteed for 5 years exempted from tax Funeral Benefit ⇒ 30,000 pesos BOOK FIVE: LABOR RELATIONS National Labor Relations Commission attached to DOLE for program and policy coordination Appeals decisions of the labor arbiter are final and executory unless appealed to Court of Appeals must be appealed within 10 calendar days from receipt of decisions grounds: prima facie evidence of abuse of discretion decision was secured through fraud, coercion, graft, or corruption appeals made purely on questions of law serious errors in the findings of facts are raised Bureau of Labor Relations exclusive authority to act upon own initiative or request of either or both parties has 15 days to act on labor cases before it is subject to extentsion by agreement of parties Unfair Labor Practices violates the consitutional right og workers and employees interfere, restrain, or coerce employees in exercising their right to self-organization Labor Law Cheat Sheet 10  Of Labor Organizations cause or attempt the employer to discriminate against the employee Collective Bargaining Procedure written notice of the party desiring negotiations other party replies within 10 calendar days from receipt of notice either party may request a conference which begins not later than 10 days from date of request if differences arise on the basis of notice and reply Board shall intervene if dispute is still not settled during conciliation proceedings, parties are prohibited from doing anything that may impede or disrupt the early settlement of disputes Strikes and Lockouts right of labor organizations to strike and picket right of employers to lockout notice of strike or lockout may be submitted at least 30 days before intended date in case of bargaining deadlocks in cases of unfair labor practices, 15 days before intended date no declaration of strike or lockout shall be made without first having bargained collectively aliens are prohibited from engaging in all forms of trade union activities BOOK SIX: POST-EMPLOYMENT Just Causes of Termination insubordination neglect of duties fraud crime Labor Law Cheat Sheet 11  Authorized Causes of Termination labor-saving devices and redundancy separation pay of 1 month or 1 month per year of service retrenchment or closure of operations separation pay of 1 month or 1/2 month per year of service 6 months = 1 year Disease as Ground for Termination separation pay of 1 month or 1/2 month per year of service 6 months = 1 year Ineffectual Termination having just or authorized causes, but employer does not undergo due process employer must pay for nominal damages Constructive Dismissal Employee may terminate employment by serving written notice at least 1 month in advance failure to do so may hold them liable for damages due to the ff causes: serious insult by employer inhuman and unbearable treatment commission of crime Retirement 60-65 years old 65 years old ⇒ compulsory at least 5 years of service in the establishment entitled to 1 month salary or 1/2 salary per year of service mining services Labor Law Cheat Sheet 12  50-60 years old 60 years old ⇒ compulsory racehorse jockeys 55 years old ⇒ compulsory as per PHILRACOM BOOK SEVEN: TRANSITORY AND FINAL PROVISIONS Benefits indirect financial and nonfinancial payments employments receive for continuing employment Supplemental pay benefits - benefits for time not worked Severance pay - reduces the chances of litigation from former employees Pension plans - income to individuals in their retirement Compressed workweek - fewer but longer days per week Job sharing - two or more people sharing a single full-time job Work sharing - temporary reduction in work hours by a group of employees to prevent layoff Components of Rewards System Direct base pay⇒ fixed salary or wage Pay progression ⇒ related to age or length of service or performance criteria Performance variable pay ⇒ directly linked to work-related behavior Types: Payment by results ⇒ quantity of output produced piecework, commission, output, target-based outcomes Performance-related pay ⇒ based on profitability of the firm Indirect pay or benefits ⇒ non-cash items or benefits Labor Law Cheat Sheet 13