Labor Law

• Regular employees - who have been engaged to perform activities which are usually necessary or desirable in the usual trade.
• Casual Employees - are those whose employment is neither regular project nor seasonal as defined under article 280 of the labor code.
• Seasonal employees - are those whose work is seasonal in nature and the employment is for the duration of the season.
• project employee - is the one whose employment has been fixed for a specific project or undertaking the completion or termination
• Probationary employees - is the one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent

  employment.
• employees for fixed term - these are employees covered in employment contracts providing for “term employment” or “fixed period employment”.
• Overseas Filipino worker - referred as “migrant worker” overseas filipino worker
• Special worker - apprentice/ trainee, hired as trainees in semiskilled, whose earning capacity is impaired by age or injury
• independent contractor - is one who engages to perform a certain service for another according to his own manner and method free from the control

  and direction of his employer
• The following are the tests of management prerogative to outsource labor as an independent contractor: test of substantial capital, agreement between principal and independent contractor, right to control, work not part of employer general business
• Labor only – in labor only contracting the statue creates an employer-employee relationship for a comprehensive purpose to prevent a circumvention of labor laws.
• The concept of minimum wage means more than setting a floor wage to upgrade existing wages.
• By virtue of Republic Act No. 6727 (Wage Rationalization Act), the determination of minimum wage rates are now within the function of the

  Regional Tripartite and Productivity Board.
• Collective bargaining - This means conferring promptly and in good faith for negotiating agreements with respect to wages, hours of work, etc. and entering into written contracts called Collective Bargaining Agreement or CBA adjustment of grievances, etc.
• If the jurisdictional preconditions are present, the collective bargaining

  should begin within 12 months following the determination and

  certification of the employees' exclusive bargaining representative.
• The parties to collective bargaining are the employer and employees represented by their labor union.
• Labor Management Council - either as council or committee, can serve as a forum where management and employees may air their concerns, short of collective bargaining. It is largely a communication mechanism which includes or resolution of disputes.
• Maternity leave benefits are covered under Republic Act No. 8282 (May

  1, 1997), also known as the Social Security Act of 1997. who has paid at least three (3) monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity

  benefit equivalent to 100% of her average daily salary credit for 60 days

  or 78 days in case of caesarian delivery,
• Republic Act No. 8187, also known as the Paternity Leave Act of 1996 governs the granting of paternity leave to every married male.
• Under the paternity leave, every married male employee in the private and public sector shall be entitled to a paternity leave of 7 days with full pay for the first 4 deliveries of the legitimate
• Republic Act No. 8972, otherwise known as the Solo Parents Welfare Act of 2000

  governs the granting of leave privileges to solo parents. In addition, to leave

  privileges under existing laws, parental leave of not more than 7 days every year shall be granted to any solo parent employee who has rendered service for at least 1 year.
• legitimate labor organization - has the requisite personality to sue on behalf of its members for their individual money claims For the purpose of collective bargaining, a legitimate labor union must be certified as an exclusive bargaining agent who won in a certification election.
• Strike - means temporary stoppage of work by the concerted action of

  employees as result of a labor or industrial dispute.
• Lockout - means temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
• service charges - applies only to establishments collecting service charges

  such as hotels, restaurants, lodging houses, nightclubs, cocktail lounge, massage clinics, bars, casinos, gambling houses and similar enterprises, including those
• employment contract - is that by virtue of which one person (employee) binds himself with respect to another (employer) to place at the service of the latter his own efforts in work,
• written and express contract of employment - company rules and regulations, code of discipline, mission orders, policy manual on security, safety, accounting and auditing, day to day instruction, job description, standard operating procedures, memoranda
• Death benefits - Under the Social Security Law, upon the death of a member who has paid at least 36 monthly contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly pension.
• Health Benefits - Under the Social Security Law, a member who has paid at least 3 monthly contributions in the 12 month period immediately preceding the semester of sickness or injury and is confined more than three (3', days in a hospital or elsewhere with the approval of the SSS, shall be paid a daily sickness benefit equivalent to 90% of his average daily salary credit.
• Under Republic Act No. 9165 (June 7, 2002), also known as the Comprehensive Dangerous Drugs Act of 2002 drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the Department of Health (DOH) to safeguard the quality of test results.
• Under Article 287 of the Labor Code, as amended by Republic Act No. 7641, also known as The New Retirement Law , any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
• Mandatory Government Benefits and Contributions Covered by the Philippine Labor Code - Social Security System, National Health Insurance Program, Home Development and Mutual Fund, Separation Pay
• Republic Act No. 8282 or otherwise known as the Social Security Act of 1997 The social security system is aimed at providing protection for the SSS member against socially recognized hazard conditions such as sickness, disability, maternity, old age and death, or other such contingencies
• National Health Insurance Program - The employee and his/her employer(s) are to contribute to the medical insurance of the said employee in accordance to the Republic Act 7875 on Medicare Program which is administered by the Philippine Health Corporation (PhilHealth).
• Home Development and Mutual Fund - According to Republic Act 7742 which was fully implemented on January 1, 1995, membership to the PAG-IBIG Fund shall be mandatory for all employees covered by the Social Security System (SSS). This mandatory coverage extends to expatriates whose age is up to 65 years old and who are compulsorily covered by the SSS.
• Separation pay - An employee is not entitled to this when he is terminated based on just causes. Pertinently, he is also not entitled to this when he tenders his resignation.
• Resignation - is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and he has no other choice but to disassociate himself from his employment.
• under maternity leaves, The full payment shall be advanced by the employer within 30 days from the filing of the maternity leave application
• how many days credited for matrnity leave ?

  105 days
• commonly found in collective bargaining - enumeration or reservation of management rights, recognition and security, wage and fringe benefits and their administration, physical working conditions, selected personnel management and plant operation practices