Emmanity

• Labor laws define what employees and employers are responsible for and provide regulations for resolving workplace conflict
• Labor legislation consists of statutes, regulations, and jurisprudence governing the relations between capital and labor
• Labor standards prescribe terms and conditions of employment affecting wages, hours of work, cost of living allowance, and worker health, safety, and welfare
• Social legislation is designed to uplift and protect the welfare of workers and their families
• Classifications of labor laws:

  • Protective Legislation: designed to protect the weaker party in the employment contract
  • Welfare or Social Legislation: intended to reduce worker insecurity during hazards arising from employment
  • Diplomatic Legislation: settles labor disputes through peaceful means
  • Administrative Legislation: creates labor bodies or agencies for administrative purposes
• The State provides full protection to all types of labor, promotes full employment, and equality of employment opportunities
• Existence of Employer-Employee Relationship:

  • Manner of selection and engagement of the employee
  • Payment of wages
  • Power of dismissal
  • Power to control the employee’s conduct
• Types of employments:

  • Regular or Permanent Employment: necessary or desirable activities in the employer's business, with at least one year of service
  • Term or Fixed Employment: service for a definite period of time
  • Project Employment: hired for a specific project
  • Seasonal Employment: work for a specific season
  • Casual Employment: not necessary or primarily related to the employer's trade
• Other Classification of Employees:

  • Managerial: manages the establishment, directs work, and has the authority to hire or fire
  • Domestic Servants: perform services in the employer's home
  • Field Personnel: non-agricultural employees who work away from the principal place of business
• Employer's Rights:

  • Reasonable return on investment
  • Expansion and growth
  • Exercise management prerogative: To lay down and execute policies, hire, transfer, discipline, dismiss
  • Retrenchment
  • Declare redundancy
  • Cease operation
  • Sell the company
  • Abolish positions
• Normal Hours of Work:

  • Not to exceed eight hours a day
  • Hours worked include all time on duty or at the workplace
  • Rest periods during work hours count as hours worked
• Meal Periods:

  • Employer duty to provide at least sixty minutes for regular meals
  • Meal time not compensable unless predominantly for the employer's benefit
  • Implementing rules allow meal time to be less than 60 minutes under specified cases, but not less than 20 minutes with full pay
• Night Shift Differential:

  • Every employee shall be paid a night shift differential
• Rest period of less than 20 minutes during work time is considered compensable
• Night shift differential: Employees are entitled to a 10% night shift differential for work performed between 10 p.m. and 6 a.m.
• Overtime work: Employees can work beyond 8 hours a day and must be compensated with additional pay equivalent to their regular wage plus at least 25%
• Undertime work on a particular day cannot be offset by overtime work on another day
• Weekly rest periods: Employers must provide employees with a rest period of at least 24 consecutive hours after every six consecutive normal work days
• Service charges collected by establishments must be distributed with 85% for covered employees and 15% for management
• Sexual harassment in work, education, or training environments is declared unlawful by Republic Act No. 7877
• Transportation: A contract of transportation exists when a person agrees to transport persons or property from one place to another for a consideration
• Common carriers are responsible for the loss, destruction, or deterioration of goods, unless caused by specific events like natural disasters or acts of the shipper or owner
• Department of Transportation and Communications (DOTC) is responsible for maintaining and expanding transportation and communications systems in the country