Legal Aspects in HRM

• It sets the applicable minimum wage rates per region, province, and industry sector.

  Wage Rationalization Act, RA No. 6727
• The WRA applies to all workers and employees in the private sector, except:

  1. Household or Domestic helpers
  2. Workers and employees in retail or service establishments regularly employ not more than 10 workers.
  3. Workers and employees in Barangay Micro Business Enterprises
  4. Government Sector Employees
• 1. Are private sector employers required to pay their rank and file employees a 13th-month pay?
  2. On or before what day of December?

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• Wages must be paid at least _ a month, paid every _ weeks, or _ a month at intervals of no more than _ days.

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• Exempt Employers from the Philippines Minimum Wage

  1. Distressed Establishments
  2. Retail or service establishments regularly employing no more than 10 workers.
  3. Establishments adversely affected by calamities (e.g., natural and human-induced disasters)


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• For the employers to be exempted from the PMW, they should file application with the

  Regional Tripartite Wages and Productivity Board
• They are responsible for establishing rules and guidelines for determining appropriate minimum wage and productivity measures.

  National Wages and Productivity Commission (NWPC)
• In determining the minimum wage for each region across the Philippine regions, the Board considers the following factors:

  1. Demand for living wages
  2. Wage adjustment in relation to the consumer price index
  3. Changes or increases in the cost of living
  4. The needs of employees and their families
  5. The need to induce industries to invest in the countryside.
• This benefit applies to all covered female employees, regardless of civil status etc.

  Maternity Leave
• The maternity leave benefit shall be for _ days, with full pay, and additional _ days with full pay in case ... solo parent, and _ days full pay miscarriage. In cases of live childbirth, an additional maternity leave of _ days without full pay can be availed of.
• It is granted to all married male employees in the private sector.

  Paternity Leave
• The paternity leave shall be for _ days.
• The Paternity leave shall apply to the first _ deliveries of the employees' lawful wife
• Is paternity leave convertible to cash?
• It is granted to any solo parent or individual who is left alone with the responsibility of parenthood.

  Parental leave
• The parental leave shall be for _ work days every year, and is not convertible to cash
• This applies to private sector women employees who are victims of RA 9262
• The only requirement is for the victim-employee to present to her employer a _ , _, or prosecutor, or Clerk of Court.
• The qualified victim-employee shall be entitled to a leave of up to _ days with full pay and not convertible to cash
• It is the relationship and interaction of the employer and an employee.

  Labor Relations
• It has an entire section dedicated to Labor Relations which is Book 5. 


  Presidential Decree No. 442 (Labor Code of the Philippines)
• It is the government agency tasked with handling unfair labor practices, termination disputes, conditions of employment, prohibited acts made by either labor organization or employer, among others.

  National Labor Relations Commission (NLRC)
• What are the Employee Classifications (RPCFPS)

  1. Regular
  2. Probationary
  3. Casual
  4. Fixed-term
  5. Project
  6. Seasonal
• What are the three employee ranks?

  1. Managerial
  2. Supervisorial
  3. Rank-and-File
• It is also known as temporary laid-off or suspended employment

  floating status
• What are the five kinds of termination of employment?

  1. Resignation
  2. Termination due to Just Causes
  3. Termination due to Authorized Causes
  4. Retirement
  5. Death
• It is the severance of an employer-employee relationship

  Resignation
• This termination is attributable to the fault or negligence of the employee.

  Termination due to Just Causes
• What are just causes of termination of employment

  1. Serious misconduct
  2. Gross or habitual neglect
  3. Fraud
  4. Commission of a crime
  5. Other causes analogous to the foregoing
• This termination is attributable to the exigency of the business

  Termination due to Authorized Causes
• What are the authorized causes of termination of employment

  1. Installation of labor-saving devices
  2. Redundancy
  3. Retrenchment
  4. Cessation of Operation of the establishment
  5. Disease of an employee

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• It means to reduce manpower to avoid financial loss. 


  Redundancy
• It means that manpower is in excess of what is demanded

  Retrenchment
• Termination due to Authorized causes are entitled to _ and _ pay
• It is simply an employee reaching the age of sixty
• It extinguishes the employment relationship between an employee and employer
• The Labor Code mandates _ day notice period of a resignation to the employer
• What are the twin-notice requirement

  1. Notice to Explain
  2. Notice of Decision
• An employee may only IMMEDIATELY resign from their employment only for the _.
• Can the notice period be longer than what is mandated by law?

  Yes, the notice period may be longer than 30 days