Labor Compliance

• Labor refers to physical or mental effort, work for which someone is paid, and work that is done
• Labor is not slavery; both involve service, but slavery is involuntary, involves threats and force, and is unpaid
• Workers are considered as a group, with employers hiring and paying wages, while employees render service/work
• Employer/employee relationship is the focal point of labor
• Main sources of labor law include Section 3, Article XIII of the 1987 Constitution, the Labor Code of the Philippines, Implementing Rules and Regulations (IRR) by DOLE, and Supreme Court Decisions
• Special Laws like the Migrant Worker’s Act and Anti-Sexual Harassment Law form part of labor law
• Basic rights of workers guaranteed by the Constitution include security of tenure, living wage, share in the fruits of production, just and humane working conditions, and self-organization
• Collective bargaining, collective negotiations, engaging in peaceful concerted activities, including the right to strike, and participating in policy and decision-making processes are basic rights of workers guaranteed by the Constitution
• The Labor Code of the Philippines (PD 442) governs employment practices and labor relations in the private sector
• Labor is classified into Labor Standards (minimum terms and conditions of employment) and Labor Relations (regulates relations between employers and employees)
• The Four-Fold Test is used to determine the legal rights and obligations between parties in labor and employment law contexts
• Factors of the Four-Fold Test include selection/hiring, payment of wages, power of dismissal and discipline, and power of control
• Legal limitations/prohibitions prior to hiring include anti-discrimination laws, special laws against child labor, labor union membership, disability rights, and laws against sexual exploitation
• Employers are prohibited from discriminating based on age, ethnicity, race, religion, gender, sexual orientation, gender identity, and other statuses
• Employers are prohibited from requiring as a condition of employment that a woman employee shall not get married
• Employers are prohibited from employing children below certain ages, and from employing hazardous and deleterious work
• Employers are prohibited from requiring that a person shall not join a labor organization (union) or shall withdraw from one to which he belongs
• Employers are prohibited from discriminating against qualified disabled persons by reason of disability
• Employers are prohibited from asking for sexual favors as a condition in hiring or employment
• Employers are prohibited from employing casual or non-regular personnel in certain businesses
• Employers are prohibited from discriminating based on age, and from imposing early retirement based on age
• Employers are prohibited from discriminating against individuals based on health conditions, including HIV status
• Employees have rights to equal work opportunities, fair wages and benefits, safe work conditions, security of tenure, and more
• Compensation and benefits include attributes of wages, the no work-no pay principle, and equal pay for equal work
• Labor standards include compensation and benefits like equal pay for equal work and unfair benefits between foreign hires and local hires
• Statutory minimum wage refers to the lowest basic wage rate fixed by law that an employer can pay his workers
• Criteria for minimum wage fixing include the demand for living wages, wage adjustment vis-à-vis the consumer price index, and the needs of workers and their families
• Exemptions from wage orders include household or domestic helpers, retail/service establishments regularly employing not more than ten workers, and farm tenancy or leasehold workers
• Forms of payment wages: wages shall be paid in legal tender, payment in kind is not allowed, and payment by check or money order is acceptable
• Payment via ATM requires written consent of employees, reasonable time to withdraw wages, and a bank or ATM facility within a radius of one kilometer to the place of work
• Place of payment should be at or near the place of undertaking, and payment in bars, massage clinics, or nightclubs is prohibited except for employees thereof
• Wages should be paid at least once every two weeks or twice a month at intervals not exceeding sixteen days, and no employer shall interfere with the freedom of any employee to dispose of his wages
• No employer shall make any deduction from the wages of his employees, and withholding of wages and kickbacks is prohibited by law
• Minimum standard benefits include holiday pay, premium pay, overtime pay, night shift differential, service incentive leave, maternity leave, paternity leave, parental leave, VAWC leave, and special leave for women
• Service incentive leave is entitled to every employee who has rendered at least one year of service, and maternity leave benefits are provided to every pregnant employee in the private sector
• Maternity leave benefit is sixty days in case of normal delivery or miscarriage, or seventy-eight days in case of Caesarian section delivery, with benefits equivalent to one hundred percent of the average daily salary credit of the employee
• Attachment is a strong reciprocal emotional bond between an infant and a primary caregiver

  
• Schaffer and Emerson's 1964 study on attachment aimed to identify stages of attachment and find a pattern in the development of attachment between infants and parents
• Participants in the study were 60 babies from Glasgow
• The study analyzed interactions between infants and carers to draw conclusions about attachment