Human Resources Development Management Labor Laws Reviewer, Study notes of Labor Management Relations

Download Human Resources Development Management Labor Laws Reviewer and more Study notes Labor Management Relations in PDF only on Docsity! HUMAN RESOURCES DEVELOPMENT MANAGEMENT LABOR LAWS REVIEWER Labor - The exertion by human beings of physical or mental efforts, or both, towards the production ofgoods and services Labor law - The law that governs the rights and duties of the employer and employees with respect to the:  Terms and conditions of employment  Labor disputes arising from collective bargaining or other concerted activity respecting such terms and conditions Labor legislation - It consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. CLASSIFICATIONS OF LABOR LAWS 1. Labor standards – The maximum requirements prescribed by existing laws, rules, and regulations as to the terms and conditions of employment relating to wages, hours of work, cost of living allowance, and other monetary and welfare benefits, including occupational, safety and health standards. 2. Labor relations- Defines and regulates the status, rights and duties, and the institutional mechanisms that govern the individual and collective interactions of employers, employees or their representatives. Social legislations - All laws passed by the state to promote public welfare. - It includes statutes intended to enhance the welfare of the people even where there is no Er, Ee relationship. Labor legislations vs Social legislations  Directly affects employment - Governs effects of employment compensation.  Refers to labor statutes - Refers to social security laws  Focuses on the rights of the worker in the workplace  -Focuses on the particular part of the society Sources of labor law  Constitution  Labor code and other legislation  Contracts  CBA  Company practices  Company policies Constructionin favor of labor - All doubts in the implementation and interpretation of the provisions of this code, including its implementing rules and regulations shall be resolved in favor of labor. - In case of doubt all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the labourer Protection to labor - When the conflicting interests of labor and capital are weighed on the scales of social justice the heavier influence of the latter must be counter-balanced by the sympathy and compassion the law must accord the unprivileged worker Social Justice - The state shall promote social justice in all phases of national development. - The aim of labor law is social justice. Police Power - The power of the government to enact laws within constitutional limits to promote order, safety, health, morals and general welfare of society. Labor Code - Presidential decree no. 442 - A decree instituting a labor code thereby revising and consolidating labor and social laws to afford protection to labor, promote employment and human resources development. - It is a character of human rights and a bill of obligations for every working man. Declaration of basic policy The state shall: - Afford full protection to labor The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. 3. R.A. No. 6725 – which explicitly prohibits discrimination against women with respect to terms and conditions of employment, promotion, and training opportunities. 4. R.A. No. 6955 – which bans the “mail-orderbride” practice for a fee and the export of female labor to countries that cannot guarantee protection to the rights of women workers. 5. R.A. No. 7192 or “Women in Development and Nation Building Act.” – which affords women equal opportunities with men to act and to enter into contracts, and for appointment, admission, training, graduation, and commissioning in all military or similar schools. 6. R.A. No. 7322 – increasing the maternity benefits granted to women in the private sector. 7. R.A. No. 7877 or “Anti-Sexual Harasssment Act” 8. R.A. No. 8042 or the “Migrant Workers and Overseas Filipinos Act of 1995” – which prescribes as a matter of policy, the deployment of migrant workers, with emphasis on women, only in countries where their rights are secure (Philippine Telegraph and Telephone Co. v. NLRC, May 23, 1997). 9. R.A. No. 9710 or “the Magna Carta of Women” 10. R.A. No. 9262 or the “Anti-Violence against Women and Children” Discriminatory Acts Against Women Employee 1. Discrimination with respect to the terms and conditions of employment solely on account of sex. a. Discrimination in pay – Payment of a lesser compensation including wage, salary or other forms of remuneration and fringe benefits, to a female employee as against a male employee; b. Discrimination in employment opportunity – favoring a male employee over a female employee with respect to promotion, assignment, transfer, training opportunities, study and scholarship grants solely in account or their sexes(LC, Art. 133); c. Discrimination in hiring – favoring a male applicant with respect to hiring where the particular job can equally be handled by a woman; d. Discrimination in dismissal – favoring a male employee over a female employee with respect to dismissal of personnel or the application of the last in / first out principle or other retrenchment policy of the employer (Poquiz, 2012). 2. Stipulating, whether as a condition for employment or continuation of employment: a. That a woman employee shall not get married; or b. That upon marriage, such woman employee shall be deemed resigned or separated (LC, Art. 134) 3. Dismissing, discriminating or otherwise prejudice a woman employee by reason of her being married (LC, Art. 134). STIPULATION AGAINST MARRIAGE (LC, ART. 134) It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage (LC, Art. 134). No-Spouse Employment Policy It is a policy banning spouses from working in the same company. Generally, spouses are allowed from working in the same company, provided it is not in the same department, where there is direct supervision or control. In case spouses are in the same department, one of them may be reassigned to another department. Importance of the BFOQR 1. To ensure that the Ee can effectively perform his work 2. So that the no-spouse employment rule will not impose any danger to business. Is the policy of Glaxo valid and reasonable so as to constitute the act of Tecson as wilfull disobedience? A: YES. The prohibition against personal or marital relationships with employees of competitor companies upon Glaxo’s employees is reasonable under the circumstances because relationships of that nature might compromise the interest of the company. Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitor companies. Its employees are free to cultivate relationships with and marry persons of their own choosing. What the company merely seeks to avoid is a conflict of interest between the employee and the company that may arise out of such relationships. Furthermore, the prohibition forms part of the employment contract and Tecson was aware of such restrictions when he entered into a relationship with Bettsy (Duncan Assoc. Of Detailman- PTGWO v. Glaxo Wellcome Phil. Inc., G.R. No. 162994, September 17, 2004). Q: May a woman worker be dismissed on the ground of dishonesty for having written ‘’single” on the space for civil status on the application sheet, contrary to the fact that she was married? A: Art. 136 of the Labor Code explicitly prohibits discrimination merely by reason of marriage of a female employee. The policy of not accepting or disqualifying from work any woman worker who contracts marriage is afoul of the right against discrimination provided to all women workers by our labor laws and by our Constitution (PT&T Co. v. NLRC, G.R. No. 118978, May 23, 1997). Q:An international flight stewardess of PAL, was discharged from service, on account of her marriage. PAL contends that Art. 134 of the Labor Code applies only to women employee in ordinary occupations. Is the termination legal? A: NO. The termination is not legal and the policy of PAL against marriage is patently illegal. Requiring that prospective flight attendants must be single and that they will be automatically separated from the service once they marry was declared void, it being violative of the clear mandate in Article 134 of the Labor Code with regard to discrimination against married women. Article 134 is not intended to apply only to women employed in ordinary occupations, or it should have categorically expressed so. The sweeping intendment of the law be it on special or ordinary occupations (Zialcita et. al., v. PAL, RO4-3- 3398-76, February 20, 1997). PROHIBITED ACTS It shall be unlawful for any employer to: 1. Deny any woman employee benefits provided by law. 2. 2. Discharge any woman for the purpose of preventing her from enjoying any of the benefits provided by law. 3. 3. Discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy. 4. 4. Discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant (LC, Art. 135). Discharging a woman due to pregnancy Article 137 contemplates the following prohibited acts in connection with the pregnancy of a woman employee: 1. To discharge her on account of her pregnancy ; or 2. To discharge her while she is on leave due to her pregnancy; or 3. To discharge her while she is in confinement due to her pregnancy; or 4. To discharge her upon returning to her work for fear that she may again be pregnant; or 5. To refuse her admission upon returning to her work for fear that she may again be pregnant (Section 13, Rule XII, Book III, Rules to Implement the LC) Persons covered under the classification of certain women workers Any women who is permitted or suffered to work: 1. With or without compensation; 2. In any night club, cocktail lounge, massage clinic, bar or similar establishment; 3. Under the effective control or supervision of the employer for a substantial period of time; and 4. Shall be considered as an employee of such establishment for purposes of labor and social legislation (LC, Art. 136). ANTI-SEXUAL HARASSMENT ACT (R.A. 7877) State policy in enacting the Anti-Sexual Harassment Law The State shall: 1. Value the dignity of every individual; 2. 2. Enhance the development of its human resources; 3. 3. Guarantee full respect for human rights, and e. A 17-year old boy working as a dealer in a casino. (2006 Bar Question) A: a. YES. He should be prohibited from being hired and from performing the duties of a miner because such constitutes hazardous work under D.O. No. 04 Series of 1999. Art. 139(c) of LC expressly prohibits the employment of persons below 18 years of age in an undertaking which is hazardous or deleterious in nature as determined by the Art. VIII Sec. 12(2) of R.A. 7619 as amended by R.A. 7658SOLE. EMPLOYMENT OF HOUSEHELPERS Persons covered by R.A. 10361 otherwise known as “Batas Kasambahay” All kasambahay engaged in domestic work, whether on a live-in or live-out arrangement, such as, but not limited to, the following: 1. General househelp; 2. Nursemaid or Yaya; 3. Cook; 4. Gardener; 5. Laundry person; 6. Working children or domestic workers 15 years and above but below 18 years of age; or 7. Any person who regularly performs domestic work in one household on an occupational basis (live-out arrangement) (Sec. 3[d], R.A. 10361). Employer’s household Household - refers to the immediate family members or other occupants of the house who are directly and regularly provided services by the kasambahay Pre-employment requirements Before entering into an employment contract, the employer has the option to require the following from a kasambahay: 1. Medical certificate or health certificate issued by a local government health officer; 2. Barangay and police clearance; 3. NBI clearance; and 4. Duly authenticated birth certificate or, if not available, voter’s identification card, baptismal record, or passport showing the kasambahay’s age. should be shouldered by the employer.Requirements are mandatory when the employment of the kasambahay is facilitated through a private employment agency. It is not a requirement for a kasambahay to be trained and certified by TESDA prior to employment. However, the kasambahay is encouraged to undergo competency assessment and be certified by TESDA. Training is not a requirement for competency assessment. Registration of the kasambahay The employer is required to register the kasambahay in the Registry of Domestic Workers in the barangay where the employer resides. For this purpose, the DILG, in coordination with the DOLE, shall formulate a registration system. Mandatory benefits of a kasambahay 1. Monthly minimum wage; 2. Daily rest period of 8 (total) hours; 3. Weekly rest period of 24 (uninterrupted) hours 4. 5 days annual service incentive leave with pay; 5. 13th month pay; 6. SSS benefit; 7. PhilHealth benefit; and 8. Pag-IBIG benefit Kasambahay desk officer In case of non-payment or underpayment of wage and other labor-related concerns, the kasambahay can seek assistance to the Kasambahay Desk Officer situated in their respective barangays or the nearest DOLE field/provincial/regional office. EMPLOYMENT OF HOMEWORKERS Homeworkers They are those who perform in or about his own home any processing or fabrication of goods or materials, in whole or in part, which have been furnished directly or indirectly, by an employer and sold thereafter to the latter. Industrial homework It is a system of production under which work for an employer or contractor is carried out by a homeworker at his/her home. Materials may or may not be furnished by the employer or contractor. HOUSEHELPERS -Minister to the personal needs and comfort of his Er in the latter’s home. HOMEWORKERS- Performs in or about his own home any processing or fabrication of goods or materials, in whole or in part, which have been furnished directly or indirectly, by an Er and sold thereafter to the latter. Payment for Homework Immediately upon receipt of the finished goods and articles, the employer is required to pay the homeworker (DO No. 05-92, Sec. 6). Prohibitions for homework The following shall be prohibited as homework: 1. Explosives, fireworks and similar articles; 2. Drugs and poisons; and 3. Other articles, the processing of which requires exposure to toxic substances (DO No. 05-92, Sec. 13). NIGHT WORK (R.A. 10151) NOTE: RA No. 10151 inserted Chapter V (Art. 154- 161) under Book 3, Title III of the LC. Night work is at least seven consecutive hours of work between 10:00pm and 6:00am (D.O. No. 119- 12). Night worker Pursuant to D.O. No. 119-12, night worker has been defined as any employed person whose work covers the period from ten o’clock in the evening to six o’clock the following morning, provided that the worker performs no less than seven consecutive hours of work. Persons covered by the provisions on night work GR: All persons who shall be employed or permitted or suffered to work at night. XPN: Those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than 7 consecutive hours, including the interval from midnight to 5 in the morning, to be determined by the SLE after consulting the workers’ representatives/labor organizations and Ers. Right Of The Workers To Health Assessment At their request, workers shall have the right to undergo health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work: 1. Before taking up an assignment as a night worker; 2. At regular intervals during such an assignment; and 3. If they experience health problems during such an assignment which are not caused by factors other than the performance of night work (LC, Art. 155). Protection of Night Workers The law protects the nightworkers by requiring: 1. The provision of certain facilities such as sleeping or lactation quarters and means of transport; 2. Conduct of medical examination to determine fitness for night work; and, 3. Observance of legal process to decide appropriate action where a worker is found unfit for night work. Such process includes transfer of worker to day work, if practicable, and, only as a last recourse separation from employment. MIGRANT WORKERS Claims for Compensability of Work-related death, sickness, disability Migrant Workers Covered Each migrant worker deployed by a recruitment/ manning agency shall be covered by a compulsory insurance policy which shall be secured at no cost to the said worker. Coverage of Policy 1. Accidental death – at least US$15,000 2. Natural death – at least US$10,000 3. Permanent Total Disability – at least US$7,500 4. Costs of repatriation when employment is terminated without any valid cause or by the employee with just cause