Decent Work According to ILO (TRANSCULTURAL Nursing PDF)

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labor law employment law transcultural nursing working conditions

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This document details the principles of decent work according to ILO, focusing on employment conditions and types of employment. It also covers topics like work time, meal times, night shift pay, and overtime pay. It's relevant to transcultural nursing, and likely part of a wider educational resource.

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PRELIMS: TRANSCULTURAL NURSING DECENT WORK ACCORDING TO ILO CONDITIONS OF EMPLOYMENT It sums up the aspirations of people in their working Article 83. Normal Hours of Work lives. It involves opportunities for work that is The normal hours of work of any empl...

PRELIMS: TRANSCULTURAL NURSING DECENT WORK ACCORDING TO ILO CONDITIONS OF EMPLOYMENT It sums up the aspirations of people in their working Article 83. Normal Hours of Work lives. It involves opportunities for work that is The normal hours of work of any employee shall not productive and delivers a fair income, security in the exceed eight hours a day. workplace and social protection for all, better prospects for personal development and social Article 84. What Counts as Work Time integration, freedom for people to express their Work time includes any time when an employee has concerns, organize and participate in the decisions to be at work or a specific location, and any time that affect their lives and equality of opportunity and they’re allowed to work. Enters the workplace and treatment for all women and men. leaves on time. NATURE OF EMPLOYMENT Short breaks during work count as work time.  It is the type of work assigned to an employee.  Review the job title / job description Article 85. Meal Times It shall be the duty of every employer to give his Examples: employees not less than sixty minutes time-off for Staff Nurse = provide nursing care their regular meals. Head Nurse = still performs the staff nurse’s job but with a leveled up competency Article 86. Night Shift Pay Every employee shall be paid a night shift 1. Duration / Period of Employment - how long differential of not less than ten percent of their to stay as a staff nurse. regular wage foreach hour of work between 10 PM - 2. Pay Structure - salary 6 AM. 3. Pay Slip - deduction 4. Income Tax - the greater the salary, the more Article 87. Overtime Pay deduction in tax. An additional compensation equivalent to their regular wage plus at least 25% thereof. If holiday, it TYPES OF EMPLOYMENT would be 30%. 1. Regular / Full-time Employment - fixed pay with fixed deductions Article 88. Undertime and Overtime 2. Part-time Employment - no work, no salary; Undertime work on any particular day shall not be no deductions, no income tax offset by overtime work on any other day. Overtime 3. Casual Employment - only when necessary does not fix undertime (eg. Doctors) 4. Contracting Employees - fixed duration with Article 89. Emergency Overtime deductions in tax  When the country is at war  When it is necessary to prevent loss of life or property (imminent danger to public safety)  When there is urgent work to be performed  When the work is necessary to prevent loss or regular wage. If holiday work falls on the employee’s damage to perishable goods rest day, it would be at least 50%.  When the completion or continuation of work started before the eighth hour is necessary to Article 94. Getting Paid on Holidays prevent seriousobstruction to the business The employer may require an employee to work on any holiday but such employee shall be paid a Article 90. How Extra Pay is Calculated compensation equivalent to twice his regular rate. To calculate overtime and other extra pay, only the cash wage should be considered, without reducing Article. 95. Reward Leaves for facilities provided by the employer. Every employee who has worked at least a year should get a yearly reward leave of five days with Article 91. Everyone Needs a Break pay. It shall be the duty of the employer, whether operating for profit or not, to provide each of his Article 99. Regional minimum wages employees a rest period of not less than 24 The least amount of money agricultural and non- consecutive hours after six consecutive normal agricultural workers can be paid in each region of working days. the country is set by the Regional Tripartite Wages and Productivity Boards. (This section was changed Article 92. When Can the Boss Make You Work by Section 3, Republic Act No. 6727, on June 9, on Your Break Day? 1989).  In case of actual or impending emergencies caused by serious accidents: fire, flood, Article 102. Forms of payment typhoons, earthquake, epidemic, or other Employers must pay employees with legal tender, disasters or calamity to prevent loss of life and not promissory notes, vouchers, coupons, tokens, property or imminent dangerto the public safety tickets, chits, or any other object. Employees can be  In cases of urgent work to be performed on the paid with checks or money orders if that’s customary machinery, equipment, or installation to avoid or necessary because of special circumstances, as serious loss which the employer would determined by regulations issued by the Secretary otherwise suffer of Labor and Employment, or as stipulated in a  In the event of abnormal pressure of work due collective bargaining agreement. to special circumstances, where the employer cannot ordinarily be expected to resort to other Article 103. Time of payment measures Wages should be paid at least once every two  To prevent loss or damage to perishable goods weeks or twice a month. Payments can’t be more  Where the nature of work requires continuous than sixteen days apart. If the employer can’t pay on operations time because of circumstances beyond their control, they must pay the wages as soon as those Article 93. Getting Paid for Working on a Break, circumstances have ended. Employers can’t pay Sunday, or Holiday less frequently than once a month. When an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least 30% of his Article. 132: Safety REGULAR HOLIDAYS Employers must ensure the safety and health of January 1 New Year’s Day female employees. This can include providing March 28 Maundy Thursday proper seating, separate toilets and dressing rooms, March 29 Good Friday a nursery, and setting age standards for retirement April 9 Araw ng Kagitingan in certain jobs. April 10 Eid’l Fitr (Feast of Ramadhan) May 1 Labor Day Article. 133: Pregnant employees June 12 Independence Day Pregnant employees who’ve worked at least 6 June 17 Eid’l Adha (Feast of Sacrifice) months in the past year can get 2 weeks maternity August 26 National Heroes Day (Last Monday leave before delivery and 4 weeks after, with full pay. of August) This leave can be extended (unpaid) if the employee November 30 Bonifacio Day is medically unfit to work. However, employers only December 25 Christmas Day pay for the first 4 childbirths. December 30 Rizal Day WORKING BENEFITS SPECIAL (NON-WORKING) HOLIDAYS Minimum Wage - minimum amount of remuneration August 21 Ninoy Aquino Day Overtime Pay November 1 All Saints’ Day  25% = Non-holiday December 8 Feast of the Immaculate  30% = Regular Holiday Conception of Mary  50% = Rest Day, Regular Holiday December 31 Last Day of the Year Classic Pay - standards (regular wage) Premium Pay - quality + additionals ADDITIONAL SPECIAL (NON-WORKING  Regular Holidays HOLIDAYS)  Special Non-Workinhg Holidays February 10 Chinese New Year  Double Holiday March 30 Black Saturday November 2 All Souls’ Day Bonus December 24 Christmas Eve  13 Month Pay - mandated by law th  Xmas Bonus - given out of generosity by the INSURANCE BENEFITS company In the Philippines, mandatory benefits encompass contributions to Social Security (SSS), PhilHealth, How to Compute the 13 Month Pay? th and the Pag-IBIG Fund. Both employees and Basic Pay x 6 Days x 4 Weeks x 10 mos. ÷ 12 mos. employers are mandated to contribute to these institutions, ensuring coverage for insurance, loans, Example: and retirement benefits. 368 x 6 Days x 4 Weeks = 8832 (Monthly Salary) 368 x 6 Days x 4 Weeks x 10 mos. ÷ 12 mos. Social Security System (SSS) = 7360 (13 Month Pay) on/before Dec. 24 th SSS is a social insurance program that aims to provide protection to its members and beneficiaries, 7360 ÷ 2 = 3680 (Per Installment) while GSIS serves as the counterpart social insurance program for those who work in old. Monthly, there is a 5% total deduction in the government. SSS members can avail of maternity, salary. sickness, disability, retirement, funeral and death benefits. SSS also allows qualified members to take  Inpatient Benefits up salary, housing, business, educational loans.  Outpatient Benefits  Z Benefits  Sick Leave - 120 days  Maternity Care Package  Complete documents with diagnosis  Senior Citizens’ Benefits  Maternity Leave - 105 days  Oversease Filipino Workers (OFW) Benefits  Paternity Leave - 7-14 days  Disability - depends on the degree of disability RETIREMENT BENEFIT  Retirement - can retire at 60 years old but the RA No. 7641 or the Retirement Law, grants an benefit is only given at 65 years old employee retirement benefits upon reaching the age  Death - 22,000-40,000 of 60 years but not beyond 65 years, which is the  Salary Loan - employer must be informed compulsory retirement age, provided such employee has served at least five years and the retirement Home Development Mutual Fund (Pag-IBIG Fund) benefits are availed of only once. The HDMF, commonly known as Pag-IBIG (Pagtutulungan sa kinabukasan: Ikaw, Bangko, SEPARATION PAY Industriya, Gobyerno) Fund, was established to Separation pay, severance pay or termination pay provide a national savings program and an refers to the compensation an employee receives affordable house financing for Filipinos. Aside from upon leaving the company. During situations like housing programs, it also offers savings program layoffs, company downsizing, close of business or and multi-purpose loans that qualified members can mutual agreement, employers may choose to avail. provide separation pay.  Housing Loans This voluntary benefit is provided by employers to  Short Term Loans alleviate the impact of termination, to support the Multi-Purpose Loan employee through retirement or until they find new Calamity Loan employment.  Savings Program Regular Savings (Pag-IBIG I) The benefit consists of either ½ month or 1 month Modified Pag-IBIG II (MP2) Savings pay per year of service, depending on the authorized cause. Philippine Health Insurance Corporation (PhilHealth) 1 Month Service / Year PhilHealth implements the National Health The Labor Code further states that in cases of Insurance Program that aims to provide Filipinos installation of labor-saving devices or redundancy, with financial assistance and access to affordable the employee is entitled to receive the equivalent of health services. It covers hospital costs, subsidy for one month pay for every year of service. room and boarding, medicine, and professional SP = (basic pay) x (years of service) services. It is available for anyone at least 21 years Half Month Service / Year childbirth, recuperation, and infant care, for the In the case for closure or cessation of business, or deliveries of their first four children. health reasons, the employee receives one month pay or half a month pay for every year of service. Victims of Violence Against Women and Their SP = (basic pay) ÷ 2 x (years of service) Children (VAWC) Leave: Female employees who are victims of violence or assault, as defined in PHILIPPINES LEAVE LAWS Republic Act No. 9262, are entitled to up to 10 days REQUIRED LEAVE of paid leave, which can be extended as needed. Service Incentive Leave (SIL): It is mandated by The leave benefit is made available in order for the Article 95 of the Labor Code. All employees who employee to attend to medical and legal issues. have rendered service for at least a year of service will receive 5 days of leave credits annually. In accordance with the protection order granted by the barangay or court, the employee need to present However, there are certain groups of employees that their employer with a certification from the barangay are not eligible for SIL: chairman (Punong Barangay), barangay councilor,  Government employees prosecutor, or clerk of Court that an action regarding  Managerial employees the matter is in process, in order to request the  Field personnel leave benefit.  Domestic helpers  Employees in businesses with less than 10 In the event that the leave benefit is not used, it employees cannot be converted into cash and is not cumulative.  Employees that have at least 5 days vacation leave with pay Parental Leave for Solo Parents: Under Republic Act No. 8972, parents who are solely responsible for If the service incentive leave is not used or parenthood are entitled to 7 days of paid parental exhausted at the end of the year, it can be leave. However, the individual’s circumstances must converted to its monetary equivalent. fit one of the following scenarios:  Birth as a result of rape and other crimes Maternity Leave: Every pregnant female worker in against chastity the Philippines, regardless of their civil status, is  Death of spouse entitled to 105 days of maternity leave. A female  Spouse detained or serving a sentence for a employee who has made at least 3 monthly criminal conviction for at least a year contributions to the Social Security System (SSS)  Physical and/or mental incapacity of the spouse throughout the 12-month period prior to the as certified by a public medical practitioner semester of her birth is eligible for it.  Legal separation or de facto separation from spouse for at least 1 year, provided that the The maternity benefit is equal to 100% of her individual has been entrusted with the average income credit for 60 days, or 78 days for child/children’s custody employees who give birth by cesarean delivery.  Declaration of marriage annulment as decreed by a court or church Paternity Leave: Married male employees can seek  Spouse abandonment for at least a year 7 days of paid leave to assist their spouses with  Unmarried individual who has preferred to keep credits. Special leave benefits for women are not and care for their child or children cumulative and cannot be monetized when unused.  Any other person who primarily gives parental care and support, provided that the individual is NON-REQUIRED LEAVE a duly licensed foster parent by the Department Sick Leave: Although sick leave is not required, of Social Welfare and Development (DSWD) or employees can use their service incentive leave to duly designated legal guardian by the court request time off due to illness. It provides 5 days of  Any family member who takes on the role of paid leave for employees to use for sickness, family head as a result of the death, vacation, or other personal reasons. abandonment, disappearance, or extended absence of the parents, provided that such Furthermore, insured employees who are sick can circumstances lasted for at least a year. receive 90% of their regular salary when confined in a hospital or healthcare facility. To be eligible for this Aside from the prerequisites listed above, the solo benefit, employees must have contributed to the parent employee must comply with the following to SSS for at least 3 months in the previous 12 months. be eligible for leave: This benefit begins once the employee has used all  Employee has rendered at least 1 year of of their paid sick leave. service, whether continuous or broken  The employer has been notified of the intention Bereavement Leave: Employers are not required to take the absence within a reasonable period by law to offer bereavement leave to employees of time who have lost a family member. However, people’s  The employer has been presented with a Solo representatives have introduced a bill in Congress to Parent Identification Card, which can be grant bereavement leave. In the proposed obtained from the DSWD office of the city or Bereavement Act of 2022, employers shall provide municipality where the employee lives. 10 days of paid bereavement leave to allow employees to grieve their loss without sacrificing Solo parent employees must note that unused their income. parental leave cannot be converted into cash unless otherwise agreed upon in the employment contract. Numerous employers in the Philippines choose to Furthermore, if the solo parent’s status or provide three days (or longer) of bereavement leave circumstances change, the employee’s eligibility for to their employees. Some employers even provide the benefit can be terminated. longer bereavement leave. Special Leave Benefits for Women: In the Vacation Leave: Although vacation leave is not Philippines, female employees are mandated to required by Philippines leave laws, it is the most request a 2-month leave benefit (with full payment frequently requested work leave among employees. based on their gross monthly income) due to The number of days of vacation leave given is up to surgery for gynecological disorders. This is the employer’s discretion. If offered, employers regardless of their age or civil status but the should outline the guidelines about the leave employee must have rendered at least 6 months of requirement in the employment contract, employee continuous aggregate. In the case that she needs to handbook, or corporate policy. extend her leave, she can use her earned leave Military Leave: Military leave is not required by law. HEALTH, SAFETY, AND SOCIAL WELFARE However, in 2022, House Bill No. 6377 was filed, BENEFITS proposing military duty leave. The bill will provide Article 156. First-Aid Treatment military reservists with 7 days of paid leave to attend Every employer shall keep first-aid medicines and military training or participate in military activities. equipment in his establishment as the nature and conditions of work may require. Employer shall also Voting Leave: It is another leave entitlement not take steps for the training of a sufficient number of mandated by the law. However, in May 2022, the employees in first-aid treatment. former president declared the election day a special non-working holiday to allow citizens to vote. Those Article 157. Emergency Medical and Dental who had to report to work that day received 30% Services compensation. Employers must provide free medical and dental services to their employees: SPECIAL LEAVE PRIVILEGES  51-200 employees: A full-time registered nurse Government employees have special leave is required. If the workplace is not hazardous privileges. In addition to mandatory leave, and no registered nurse is available, a graduate employees with or without a Collective Negotiation first-aider may be provided. Agreement (CNA) can request a special leave. Here  201-300 employees: A full-time registered are possible reasons an employee may request it: nurse, a part-time physician, a part-time dentist,  Personal milestones and an emergency clinic are required.  Parental obligations  300 employees: A full-time physician, a full-time  Filial obligations dentist, a full-time registered nurse, a dental  Domestic emergencies clinic, and an infirmary or emergency hospital  Personal transactions (with one bed for every 100 employees) are  Calamity, accident, hospitalization required. CSC Memorandum Circular No. 6, s. 1999 provides In hazardous workplaces, part-time doctors or the Expanded Conditions, which cites that: dentists must be available on-site for at least 2  Employees can appeal for a special leave hours, and full-time ones for at least 8 hours. In non- privilege for their birthday or any other occasion. hazardous workplaces, doctors and dentists can be If the employee’s birthday falls on a weekend, hired on a retainer basis, ensuring they're available the employee can request it before or after the in emergencies. occasion.  Employees applying for special privilege leave Article 160. Qualifications of Health Personnel shall no longer be required to present proof that The physicians, dentists and nurses shall have the they are entitled to avail of such leaves. necessary training in industrial medicine and  An employee can avail of one special privilege occupational safety and health. The Secretary of leave for 3 days or a combination of any of the Labor and Employment, in consultation with types of leave for a maximum of 3 days in a industrial, medical, and occupational safety and given year. Special leave privileges are non- health associations, shall establish the qualifications, cumulative and cannot be carried over to the criteria and conditions of employment. succeeding year if unused. Article. 161. Assistance of Employer RESUME / PORTFOLIO DEVELOPMENT Employers must provide all necessary assistance to Compilation of personal information, credentials, ensure the adequate and immediate medical and work experiences, and skills. dental attendance and treatment to an injured or sick employee in case of emergency. PERSONAL INFORMATION Top of the Header Article 166. Policy  Picture is either left or right. White background. The State shall promote and develop a tax-exempt Usually 2x2 sized. Wearing clothes, preferably employees’ compensation program whereby with collar. employees and their dependents, in the event of  Professional email accounts. work-connected disability or death, may promptly  Full name with complete middle name. secure adequate income benefit and medical related  Phone numbers and linked social media benefits. accounts.  Number of pages depends on the content. CONTINUING PROFESSIONAL DEVELOPMENT (CPD) Job Objective Republic Act No. 10912, otherwise known as the  Include skills, experience, and background. “Continuing Professional Development (CPD) Act of  Can be paragraph or bulleted. 2016”, is an act which requires CPD as the  Must be compelling, concise, and clear. mandatory requirement for the renewal of Professional Identification Card. CREDENTIAL Educational Background CPD activities can include attending workshops,  Name of school. seminars, conferences, taking courses, or engaging  Location. in other educational opportunities to stay current in  Year graduated. one's field, enhance professional competencies, and  Honors and awards. ensure compliance with industry standards or regulations. WORK EXPERIENCES  Begin at the most recent. Some of the benefits of CPD:  Name of the company.  Enables upgrade of competency skills  Location of the company.  Work promotion awareness  Position.  Improve professional practice  Date of start and end. CPD Nursing: 15 units for 3 years SKILLS Masteral Degree  If computer skills, specify the software.  MN - areas related to MEDSURG and Psych  Certifications.  MAN - with thesis and is admin-type  Languages. - Nursing eduation / Nursing management  MSN Relevant Coursework (Special Skills) Doctorate  Core competency from 1st-4th year.  More specific skills.  Example: 1 is to 6 with minor supervision. Experiences and Accomplishments  Completion of the RLE hours.  Research approved. Organizations  Seminars attended.  Sports.  Outreach programs.

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