Health-safety-and-social-welfare-benefits.pdf

Health, safety and social welfare benefits  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...

Health, safety and social welfare benefits  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. The employer shall take steps for the training of a sufficient number of employees in first-aid treatment. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 157. Emergency medical and dental services. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities consisting of: The services of a full-time registered nurse when the number of employees exceeds fifty (50) but not more than two hundred (200) except when the employer does not maintain hazardous workplaces, in which case, the services of a graduate first-aider shall be provided for the protection of workers, where no registered nurse is available. The Secretary of Labor and Employment shall provide by appropriate regulations, the services that shall be required where the number of employees does not exceed fifty (50) and shall determine by appropriate order, hazardous workplaces for purposes of this Article; The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when the number of employees exceeds two hundred (200) but not more than three hundred (300); and 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). Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 158. When emergency hospital not required. The requirement for an emergency hospital or dental clinic shall not be applicable in case there is a hospital or dental clinic which is accessible from the employer’s establishment and he makes arrangement for the reservation therein of the necessary beds and dental facilities for the use of his employees. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 159. Health program. The physician engaged by an employer shall, in addition to his duties under this Chapter, develop and implement a comprehensive occupational health program for the benefit of the employees of his employer. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 160. Qualifications of health personnel. The physicians, dentists and nurses employed by employers pursuant to this Chapter 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. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 161. Assistance of employer. It shall be the duty of any employer to provide all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick employee in case of emergency. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits OCCUPATIONAL HEALTH AND SAFETY  Art. 162. Safety and health standards. The Secretary of Labor and Employment shall, by appropriate orders, set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health hazards in all workplaces and institute new, and update existing, programs to ensure safe and healthful working conditions in all places of employment. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 163. Research. It shall be the responsibility of the Department of Labor and Employment to conduct continuing studies and research to develop innovative methods, techniques and approaches for dealing with occupational safety and health problems; to discover latent diseases by establishing causal connections between diseases and work in environmental conditions; and to develop medical criteria which will assure insofar as practicable that no employee will suffer impairment or diminution in health, functional capacity, or life expectancy as a result of his work and working conditions. Art. 164. Training programs. The Department of Labor and Employment shall develop and implement training programs to increase the number and competence of personnel in the field of occupational safety and industrial health. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 165. Administration of safety and health laws. The Department of Labor and Employment shall be solely responsible for the administration and enforcement of occupational safety and health laws, regulations and standards in all establishments and workplaces wherever they may be located; however, chartered cities may be allowed to conduct industrial safety inspections of establishments within their respective jurisdictions where they have adequate facilities and competent personnel for the purpose as determined by the Department of Labor and Employment and subject to national standards established by the latter. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 166. Policy. The State shall promote and develop a tax- exempt employees’ compensation program whereby employees and their dependents, in the event of work-connected disability or death, may promptly secure adequate income benefit and medical related benefits. (EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND) Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Definitions: “SSS” means the Social Security System created under Republic Act Numbered Eleven hundred sixty-one, as amended. “GSIS” means the Government Service Insurance System created under Commonwealth Act Numbered One hundred eighty-six, as amended. Dependent” means the legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over twenty-one (21) years of age or over twenty-one (21) years of age provided he is incapacitated and incapable of self-support due to a physical or mental defect which is congenital or acquired during minority; the legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Definitions: “Beneficiaries” means the dependent spouse until he/she remarries and dependent children, who are the primary beneficiaries. In their absence, the dependent parents and subject to the restrictions imposed on dependent children, the illegitimate children and legitimate descendants, who are the secondary beneficiaries: Provided, That the dependent acknowledged natural child shall be considered as a primary beneficiary when there are no other dependent children who are qualified and eligible for monthly income benefit. “Medical benefit” means all payments made under this Title to the providers of medical care, rehabilitation services and hospital care. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 168. Compulsory coverage. Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over sixty (60) years of age: Provided, That an employee who is over (60) years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be subject to compulsory coverage. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 169. Foreign employment. The Commission shall ensure adequate coverage of Filipino employees employed abroad, subject to regulations as it may prescribe. Art. 172. Limitation of liability. The State Insurance Fund shall be liable for compensation to the employee or his dependents, except when the disability or death was occasioned by the employee’s intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 183. Employers’ contributions. Under such regulations as the System may prescribe, beginning as of the last day of the month when an employee’s compulsory coverage takes effect and every month thereafter during his employment, his employer shall prepare to remit to the System a contribution equivalent to one percent of his monthly salary credit. When a covered employee dies, becomes disabled or is separated from employment, his employer’s obligation to pay the monthly contribution arising from that employment shall cease at the end of the month of contingency and during such months that he is not receiving wages or salary. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare 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. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 190. Rehabilitation services. The System shall, as soon as practicable, establish a continuing program, for the rehabilitation of injured and handicapped employees who shall be entitled to rehabilitation services, which shall consist of medical, surgical or hospital treatment, including appliances if they have been handicapped by the injury, to help them become physically independent. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 191. Temporary total disability. Under such regulations as the Commission may approve, any employee under this Title who sustains an injury or contracts sickness resulting in temporary total disability shall, for each day of such a disability or fraction thereof, be paid by the System an income benefit equivalent to ninety percent of his average daily salary credit, subject to the following conditions: the daily income benefit shall not be less than Ten Pesos nor more than Ninety Pesos, nor paid for a continuous period longer than one hundred twenty days, except as otherwise provided for in the Rules, and the System shall be notified of the injury or sickness. (As amended by Section 2, Executive Order No. 179) Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 192. Permanent total disability. Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in his permanent total disability shall, for each month until his death, be paid by the System during such a disability, an amount equivalent to the monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution: Provided, That the monthly income benefit shall be the new amount of the monthly benefit for all covered pensioners, effective upon approval of this Decree. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  The following disabilities shall be deemed total and permanent: 1. Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules; 2. Complete loss of sight of both eyes; 3. Loss of two limbs at or above the ankle or wrist; 4. Permanent complete paralysis of two limbs; 5. Brain injury resulting in incurable imbecility or insanity; and 6. Such cases as determined by the Medical Director of the System and approved by the Commission. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 193. Permanent partial disability. Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in permanent partial disability shall, for each month not exceeding the period designated herein, be paid by the System during such a disability an income benefit for permanent total disability. Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  The benefit shall be paid for not more than the period designated in the following schedules: Complete and permanent No. of Months loss of the use of: - One thumb – 10 - One index finger – 8 - One middle finger – 6 - One ring finger – 5 - One little finger – 3 - One big toe – 6 - One toe – 3 Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  The benefit shall be paid for not more than the period designated in the following schedules: Complete and permanent No. of Months loss of the use of: - One arm – 50 - One hand – 39 - One foot – 31 - One leg – 46 - One ear – 10 - Both ears – 20 - Hearing of one ear – 10 - Hearing of both ears – 50 - Sight of one eye – 25 Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Art. 194. Death Benefits. Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries upon the death of the covered employee under this Title, an amount equivalent to his monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution, except as provided for in paragraph (j) of Article 167 hereof: Provided, however, That the monthly income benefit shall be guaranteed for five years: Provided, further, That if he has no primary beneficiary, the System shall pay to his secondary beneficiaries the monthly income benefit but not to exceed sixty months: Provided, finally, That the minimum death benefit shall not be less than fifteen thousand pesos. (As amended by Section 4, Presidential Decree No. 1921) Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits  Under such regulations as the Commission may approve, the System shall pay to the primary beneficiaries upon the death of a covered employee who is under permanent total disability under this Title, eighty percent of the monthly income benefit and his dependents to the dependents’ pension: Provided, That the marriage must have been validly subsisting at the time of disability: Provided, further, That if he has no primary beneficiary, the System shall pay to his secondary beneficiaries the monthly pension excluding the dependents’ pension, of the remaining balance of the five-year guaranteed period: Provided, finally, That the minimum death benefit shall not be less than fifteen thousand pesos. (As amended by Section 4, Presidential Decree No. 1921) Funeral benefit. – A funeral benefit of Three thousand pesos (P3,000.00) shall be paid upon the death of a covered employee or permanently totally disabled pensioner. (As amended by Section 3, Executive Order No. 179) Department of Labor and Employment. Bureau of Labor Relations. Book IV – Health, Safety and Social Welfare Benefits Unfair Labor Practices Laws protecting workers A. It is the policy of the State: a. To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; b. To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development; c. To foster the free and voluntary organization of a strong and united labor movement; d. To promote the enlightenment of workers concerning their rights and obligations as union members and as employees; e. To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; https://amslaw.ph/philippine-laws/labor-law/labor-code-law-of-the-philippines-(4) Unfair Labor Practices Laws protecting workers A. It is the policy of the State: f. To ensure a stable but dynamic and just industrial peace; and g. To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code. (As amended by Section 3, Republic Act No. 6715, March 21, 1989) https://amslaw.ph/philippine-laws/labor-law/labor-code-law-of-the-philippines- (4) Definitions.  "Employer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer.  "Employee" includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.  "Labor organization" means any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment.  "Legitimate labor organization" means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof.  "Company union" means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code. Definitions. "Bargaining representative" means a legitimate labor organization whether or not employed by the employer. "Unfair labor practice" means any unfair labor practice as expressly defined by the Code. "Labor dispute" includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. "Voluntary Arbitrator" means any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement, or any official that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator upon the written request and agreement of the parties to a labor dispute. Definitions.  "Strike" means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.  "Lockout" means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.  "Internal union dispute" includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code.  "Strike-breaker" means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.  "Strike area" means the establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment. (As amended by Section 4, Republic Act No. 6715, March 21, 1989)