final exam

• Employee safety and health programs- aim to reduceabsenteeism, manpower turnover,efficiency, and confidence byfostering a safe work environmentfree from potential hazards causinginjury and illness.
• Safety - refers to protection fromharm, while health, as defined bythe World Health Organization,encompasses complete physical,mental, and social well-being,not just disease or injury absence.
• 1.UNSAFE WORKING CONDITIONS -Refers to mechanical and physical conditions that cause accident.

  -defective machinery an equipment
• UNSAFE ACTS OR THE UNDESIRABLE ATTITUDES OF SOME EMPLOYEESUCH AS :OTHER WORK-RELATED ACCIDENT FACTORS.

  • Throwing garbage such as banana peels anywhere.
  • Improper use of equipments.
• other work - related accident factors

  -job itself - work schedule
• 50-200 EMPLOYEES- Full-time registerednurse or a graduate first-aider if no nurse isavailable in non-hazardous workplaces.
• 201-300 EMPLOYEES- Full-time registerednurse, part-time physician and dentist,and an emergency clinic.
• OVER 301 EMPLOYEES - Full-time physician, dentist,registered nurse, dental clinic, and an infirmary oremergency hospital with one bed per 100 employees.
• hazardous places - Physicians and dentistsmust stay on-site for atleast 2 hours (part-time)or 8 hours (full-time).
• non-hazardous places - For non-hazardous work-places, they can be engaged on a retainer basis, ensuring availability in emergencies. (presidential decree no. 570-A , section 26 )
• quarter - period of three (3) consecutive months ending on the last days of march, september, december .
• semester - period of two consecutive quarters ending in the quarter of dealth, permanent disability, injury or sickness.
• replacement ratio - sum of twenty percent and quotient obtained by dividing three hundred by the sum of three hundred forty and the average monthly salary credit.
• Resignation Types

  :without cause - require 30 days advance notice . :with cause - immediate resignation allowed under certain condition
• • resignation without cause 


  process and requirements

  -notices period- 30days advance written notice

  -purpose- allows employer time to find a replacement. -Liability- Failure to provide notice may result in liability for the damages.
• • resignation with cause JUST CAUSES FOR IMMEDIATE RESIGNATION
• LEGAL PROTECTION -forced resignation is considered "constructive dismissal" -employees are protected from involuntary servitude under the Philippines Constitution.
• Resignation with cause

  Just causes for immediate resignation

  SERIOUS INSULT - to the employee's honor and person

  INHUMAN TREATMENT - unbearable working conditions.

  CRIME - against the employee of their immediate family.

  OTHER ANALOGOUS - similar serious reasons.
• JUST CAUSES FOR TERMINATIONJust Causes (Art. 282, Labor Code) • Misconduct- Serious breaches of company policies or ethicalstandards.


  • Wilful Disobedience- Intentional refusal to follow lawful orders.• Neglect of Duties - Gross and habitual neglect of responsibilities. • Fraud/Breach of Trust- Dishonesty or betrayal of the employer'strust.• Crime- Commission of a criminal act. • Other Analogous Causes: Similar serious offenses warrantitermination.
• Authorized Causes for Termination (Art. 283-284, Labor Code) • Business Reasons:

  • Installation of labor-saving devices

  • Redundancy

  • Retrenchment

  • Closure or cessation of operations

  • Disease- Requires certification from a competent authority that the illness is incurable within a reasonable period with medical treatment.
• Severance pay- is a Financial package offered by employers to employees who are involuntarily separated from their jobs, typically due to layoffs,downsizing, or job elimination
• Importance of Severance Pay in EmploymentTermination

  1.Financial security

  2. Employee Well-being

  3. Cooperation and Transition

  4. Company Reputation

  5. Legal Compliance

  6. Employee Retention and Attraction

  7. Ethical consideration
• Types of termination

  1.Voluntary TerminationResignation

  2. Involuntary Termination'Layoff OR Dismissal

  3. Constructive Dismissal

  4. Termination for Just Cause

  5. Termination for Authorized Cause

  6. Termination During Probation

  7. Retrenchment
• Just Cause - a wrongdoing committed by the employer or employee on the basis of which the aggrieved party may terminate the employer employee relationship

  Authorized Cause- brought by changing economic or business condition of employer.
• Just Causes for Termination by the Employee

  -Serious insult by the employerrepresentative on the honor and person of the employee

  -In human and unbearable treatment accorded to the employee by the employer or his or her presentative

  -Commission of a crime by the employer or his representative against the person of the employee or any of the immediate members of his or her family
• Authorized Causes For Termination

  •Installation of labor saving device

  •Redundancy

  •Retrenchment to prevent losses

  •Closure of cessation of business

  •Disease not curable within 6 months or certified by competent public authority and continued employment of the employee is prejudicial to his or her health or the health of his or her co- employees
• Due process - means that the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes,to be provided the opportunity to defend himself or herself. 


  -In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the groundsgiven, at least 30 days before the date of termination. -A copy of the notice shall be furnished the Regional Office of theDepartment of Labor and Employment of the Philippines (DOLE).
• The Labor Code of the Philippines • Presidential Decree No. 442,

  As Amended

  • Purpose:

  • Protect labor

  • Promote employment

  • Develop human resources

  • Ensure industrial peace based on social justice

  Key Objectives

  • Labor Protection

  •Employment Promotion

  • Human Resources Development

  Industrial Peace
• Post Employment - Separation and Termination

  Post Employment

  • Separation and Termination:

  • Legal Grounds: Just and authorized causes for ending employment.

  • Resignation:

  • With cause: No notice required

  .• Without cause: 30-day advance written notice required.

  Just Causes

  • Misconduct

  • Willful disobedience

  • Gross neglect of duties

  • Fraud or breach of trust

  • Commission of a crime
• Post Employment - Authorized Causes and Employee RightsAuthorized Causes

  • Business Reasons

  :• Installation of labor-saving devices

  • Redundancy

  • Retrenchment

  • Closure or cessation of operation

  • Disease:

  • Certified incurable diseases affecting work capabilityEmployee Rights

  • Fair Treatment: Legal standards for terminating employment ensure fair treatmentfor both employers and employees.

  • Voluntary Retirement: Employees can retire voluntarily or be compelled by specificconditions.
• WHAT IS RETIREMENT? -Retirement in a general sense is the time of life when you no longer need to work to live comfortably, and can rely on savings or passive forms of income to fund your lifestyle. Retirement and the term "financial independence" are often used interchangeably. Both are achieved when you have enough combined savings, investment income, and or pension income to cover your living expenses.
• WHAT DO YOU CALL A PERSON WHO IS HAPPYON A MONDAY- RETIRED
• An underground mining employee upon reaching the age of fifty (50) y ears or more, but not beyond sixty (60) years which is hereby declared the compulsory retirement age for underground mine workers, who has served at least five (5) years as underground mine worker, may retire and shall be entitled to all the retirement benefits providedfor in this Article.
• Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from the coverage of this provision. Violation of this provision is hereby declared unlawful andsubject to the penal provisions under Article 288 of this Code.
• Termination - of employment refers to an employee's departure from their job at the hands of the employer.
• Types of termination of employment:

  1.Lay-off

  2. Fired from work/dismiss

  3. Resignation

  4. Retirement

  5. Wrongful termination/illegal dismissal
• Layoff- refers to the temporary or permanent termination of employment that typically doesn't have anything to• do with your performance in the workplace. For example, you may get laid off if the company experiences a lack of funding and needs to downsize or if they plan to restructure the company altogether.
• Fired- When your employer fires you, it's typically because of your poor work performance or your violation of one or more of their• company policies. Since the employer initiates this, they can ask you to leave immediately or at a later date
• The main difference between resignation and termination lies in who initiated the severance of employment:-

  - resignation- employee decides to end the employment;

  - termination- the employer makes the decision to end the employment.
• types of resignation ART 285 labor code, right to resign

  -resignation with cause

  -resignation without cause