RANK AND FILE EMPLOYEES UNION- PROPOSAL

I.

Add one more rest dayon any day of the week aside from the two rest days of
Saturday and Sunday)
Art. 91. Right to weekly rest day.
1. It shall be the duty of every employer, whether operating for profit or not,
to provide each of his employees a rest period of not less than twenty-four
(24) consecutive hours after every six (6) consecutive normal work days.
2. The employer shall determine and schedule the weekly rest day of his
employees subject to collective bargaining agreement and to such rules
and regulations as the Secretary of Labor and Employment may provide.
However, the employer shall respect the preference of employees as to
their weekly rest day when such preference is based on religious grounds.

II.

Additional compensation of 40% of the regular wage for work on scheduled

rest day.
Art. 93. Compensation for rest day, Sunday or holiday work.
1. Where an employee is made or permitted to work on his scheduled rest day,
he shall be paid an additional compensation of at least thirty percent (30%) of
his regular wage. An employee shall be entitled to such additional
compensation for work performed on Sunday only when it is his established
rest day.
2. When the nature of the work of the employee is such that he has no regular
workdays and no regular rest days can be scheduled, he shall be paid an
additional compensation of at least thirty percent (30%) of his regular wage
for work performed on Sundays and holidays.
3. Work performed on any special holiday shall be paid an additional
compensation of at least thirty percent (30%) of the regular wage of the
employee. Where such holiday work falls on the employees scheduled rest
day, he shall be entitled to an additional compensation of at least fifty per cent
(50%) of his regular wage.
4. Where the collective bargaining agreement or other applicable employment
contract stipulates the payment of a higher premium pay than that prescribed
under this Article, the employer shall pay such higher rate.

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III.

Minimum daily rate of P350

IV.
Table III.1. WAGE ORDER NO. RB-CAR-15.
Issued on May 18, 2012 and published at Baguio Midland Courier on June 3, 2012
DAILY M I N I M U M W A G E R A T E S

Industry/Sector

Baguio City, Municipalities

of La Trinidad, Tuba, Itogon
Other Areas in the Region
and
Sablan,
Benguet
(BLIST)
BASIC
WAGE

COLA

TOTAL

BASIC
WAGE

COLA

TOTAL

Non-Agriculture P 243.00 P 37.00

P 280.00 P 237.00

P 26.00

P 263.00

Agriculture

230.00

32.00

262.00

224.00

22.00

246.00

243.00

37.00

280.00

237.00

26.00

263.00

Employing
10 223.00
workers or less

37.00

260.00

217.00

22.00

239.00

Retail/Service
Employing
more than
workers

10

Sec.22. Freedom to Bargain. This order shall not be construed to prevent

workers in particular firms or enterprises or industries from bargaining for higher
wages with their respective employees.

V.

Women should not occupy night shifts and in cases of exemptions provided
by law, pregnant employees shall not be assigned to night shifts.
Art. 130. Nightwork prohibition. No woman, regardless of age, shall be
employed or permitted or suffered to work, with or without compensation:
1. In any industrial undertaking or branch thereof between ten oclock at night
and six oclock in the morning of the following day; or

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2. In any commercial or non-industrial undertaking or branch thereof, other than

agricultural, between midnight and six oclock in the morning of the following
day; or
3. In any agricultural undertaking at nighttime unless she is given a period of rest
of not less than nine (9) consecutive hours.
VI.

Provide the following:

A. Comfortable cushioned leather seats for the employees;
B. Nursery for the benefit of pregnant employees
C. Employees quarter for rest periods
D. Separate dressing room for male and female employees
Art. 132. Facilities for women. The Secretary of Labor and Employment shall
establish standards that will ensure the safety and health of women employees. In
appropriate cases, he shall, by regulations, require any employer to:
1. Provide seats proper for women and permit them to use such seats when they
are free from work and during working hours, provided they can perform their
duties in this position without detriment to efficiency; (Note: studies showed
that prolonged standing can cause a lot of health problems, including
pregnancy difficulties)
2. To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women;
3. To establish a nursery in a workplace for the benefit of the women employees
therein; and
4. To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the
like.

VII.

Provide medical and dental clinic, fitness gym, free medical and dental
supplies, and semi-annual free medical check-up.

Art. 156. First-aid treatment. Every employer shall keep in his establishment
such first-aid medicines and equipment as the nature and conditions of work may require,
in accordance with such regulations as the Department of Labor and Employment shall
prescribe.

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The employer shall take steps for the training of a sufficient number of employees in
first-aid treatment.
Art. 157. Emergency medical and dental services. It shall be the duty of every
employer to furnish his employees in any locality with free medical and dental attendance
and facilities consisting of:
1. The services of a full-time registered nurse when the number of employees
exceeds fifty (50) but not more than two hundred (200) except when the employer
does not maintain hazardous workplaces, in which case, the services of a graduate
first-aider shall be provided for the protection of workers, where no registered
nurse is available. The Secretary of Labor and Employment shall provide by
appropriate regulations, the services that shall be required where the number of
employees does not exceed fifty (50) and shall determine by appropriate order,
hazardous workplaces for purposes of this Article;
2. The services of a full-time registered nurse, a part-time physician and dentist, and
an emergency clinic, when the number of employees exceeds two hundred (200)
but not more than three hundred (300); and
3. The services of a full-time physician, dentist and a full-time registered nurse as
well as a dental clinic and an infirmary or emergency hospital with one bed
capacity for every one hundred (100) employees when the number of employees
exceeds three hundred (300).
Workplace Wellness
The workplace can negatively affect an employees sense of balance and
wellness if employees cant cope with their stress. A workplace gym
provides an outlet to relax the mind and body for employees to regain a
sense of control. Exercise increases serotonin levels and releases
endorphins in the brain which creates a better mood and positive outlook
on life. It helps employees focus productively on projects and tasks. The
social aspect of exercise creates happiness to stimulate conversation and
enhance creativity for a positive effect at the workplace. Physically fit
employees have energy overall to contribute to the workplace at their
optimal level. (See Reference 6, 7)
Team Building
In addition to being a personal haven, a workplace gym can provide
employees with a convenient and healthy outlet for team building.
Lunchtime yoga or a Zumba class at the gym breaks up the day, allowing
employees to share a common interest. Exercising at lunch fits into the
busy schedules of many employees. Some employees might be motivated
to come to work earlier to enjoy the benefits of the workplace gym and
start the day with their colleagues on a positive note. Others might prefer

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to relieve their stress at the end of the day. A workplace gym provides
team building benefits from dawn to dusk.
Sense of Accomplishment
The convenience of a workplace gym provides employees with an
incentive to commit to a healthy lifestyle. Setting and achieving fitness
goals and feeling a sense of pride with the results mirror the qualities held
by valuable employees, and recognizing a feeling of accomplishment
brings a healthy attitude to the workplace. Fit employees who approach
their tasks more easily and face deadlines in the same manner accomplish
tasks and are able to revel in a sense of achievement.
Bottom's Up
According to Calgary Corporate Fitness, a workplace gym increases a
company's bottom line. The company states, "For each dollar spent on
employee health, the return is between $2.30 and $10.10." A workplace
gym creates a sense of motivation for employees to come to work, hence
reducing absenteeism. The adrenaline from working out increases
employees' performance and productivity. Employees who participate in
the fitness programs offered feel healthier overall, which reduces company
health care premiums. It's a win-win situation for both companies and
employees.
Source: What Are the Benefits of Workplace
http://woman.thenest.com/benefits-workplace-gyms-4234.html

VIII. Others:
-Machines and equipment upgrade
-Air conditioning Facilities
-Canteen
-Additional water dispensers
-Additional Restrooms
IX.

Basic goods and other allowance:

-14th month pay
-Mid-year bonus
-Christmas bonus
-20 days leave with pay per year
-20 minute-break
-Clothing allowance

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Gyms?

X.

Transportation
-Shuttle or daily transportation allowance of P100
-Waiting shed

XI.

Trainings and Seminars

Republic Act No. 6971

November 22, 1990
AN ACT TO ENCOURAGE PRODUCTIVITY AND MAINTAIN INDUSTRIAL PEACE BY
PROVIDING INCENTIVES TO BOTH LABOR AND CAPITAL
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short Title. - This Act shall be known as the "Productivity Incentives Act of 1990".
Section 2. Declaration of Policy. - It is the declared policy of the State to encourage higher levels of
productivity, maintain industrial peace and harmony and promote the principle of shared responsibility in
the relations between workers and employers, recognizing the right of labor to its just share in the fruits of
production and the right of business enterprises to reasonable returns on investments and to expansion and
growth, and accordingly to provide corresponding incentives to both labor and capital for undertaking
voluntary programs to ensure greater sharing by the workers in the fruits of their labor.
Section 3. Coverage. - This Act shall apply to all business enterprises with or without existing and duly
recognized or certified labor organizations, including government-owned and controlled corporations
performing proprietary functions. It shall cover all employees and workers including casual, regular,
supervisory and managerial employees.
Section 4. Definition of Terms. - As used in this Act:
a) "Business Enterprise" refers to industrial, agricultural, or agro-industrialestablishments engaged in the
production manufacturing, processing, repacking, or assembly of goods, including service-oriented
enterprises, duly certified as such by appropriate government agencies.
b) "Labor-Management Committee" refers to a negotiating body in a business enterprise composed of the
representatives of labor and management created to establish a productivity incentives program, and to
settle disputes arising therefrom in accordance with Section 9 hereof.
c) "Productivity Incentives Program" refers to a formal agreement established by the labor-management
committee containing a process that will promote gainful employment, improve working conditions and
result in increased productivity, including cost savings, whereby the employees are granted salary bonuses

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proportionate to increases in current productivity over the average for the preceding three (3) consecutive
years. The agreement shall be ratified by at least a majority of the employees who have rendered at least
six (6) months of continuous service.
Section 5. Labor-Management Committee. - a) A business enterprise or its employees, through their
authorized representatives, may initiate the formation of a labor-management committee that shall be
composed of an equal number of representatives from the management and from the rank-and-file
employees: Provided, That both management and labor shall have equal voting rights: Provided, further,
That at the request of any party to the negotiation, the National Wages and Productivity Commission of
the Department of Labor and Employment shall provide the necessary studies, technical information and
assistance, and expert advice to enable the parties to conclude productivity agreements.
b) In business enterprises with duly recognized or certified labor organizations, the representatives of
labor shall be those designated by the collective bargaining agent(s) of the bargaining unit(s).
c) In business enterprises without duly recognized or certified labor organizations, the representatives of
labor shall be elected by at least a majority of all rank-and-file employees who have rendered at least six
(6) months of continuous service.
Section 6. Productivity Incentives Program. a) The productivity incentives program shall contain provisions for the manner of sharing and the factors
in determining productivity bonuses: Provided, That the productivity bonuses granted to labor under this
program shall not be less than half of the percentage increase in the productivity of the business
enterprise.
b) Productivity agreements reached by the parties as provided in this Act supplement existing collective
bargaining agreements.
c) If, during the existence of the productivity incentives program or agreement, the employees will join or
form a union, such program or agreement may, in addition to the terms and conditions agreed upon by
labor and management, be integrated in the collective bargaining agreement that may be entered into
between them.
Section 7. Benefits and Tax Incentives. - (a) Subject to the provisions of Section 6 hereof, a business
enterprise which adopts a productivity incentives program, duly and mutually agreed upon by parties to
the labor-management committee, shall be granted a special deduction from gross income equivalent to
fifty percent (50%) of the total productivity bonuses given to employees under the program over and
above the total allowable ordinary and necessary business deductions for said bonuses under the National
Internal Revenue Code, as amended.
b) Grants for manpower training and special studies given to rank-and-file employees pursuant to a
program prepared by the labor-management committee for the development of skills identified as
necessary by the appropriate government agencies shall also entitle the business enterprise to a special
deduction from gross income equivalent to fifty per cent (50%) of the total grants over and above the
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allowable ordinary and necessary business deductions for said grants under the National Internal Revenue
Code, as amended.
c) Any strike or lockout arising from any violation of the productivity incentives program shall suspend
the effectivity thereof pending settlement of such strike or lockout: Provided, That the business enterprise
shall not be deemed to have forfeited any tax incentives accrued prior to the date of occurrence of such
strike or lockout, and the workers shall not be required to reimburse the productivity bonuses already
granted to them under the productivity incentives program. Likewise, bonuses which have already
accrued before the strike or lockout shall be paid the workers within six (6) months from their accrual.
d) Bonuses provided for under the productivity incentives program shall be given to the employees not
later than every six (6) months from the start of such program over and above existing bonuses granted by
the business enterprise and by law: Provided, That the said bonuses shall not be deemed as salary
increases due the employees and workers.
e) The special deductions from gross income provided for herein shall be allowed starting the next taxable
year after the effectivity of this Act.
Section 8. Notification. - A business enterprise which adopts a productivity incentives program shall
submit copies of the same to the National Wages and Productivity Commission and to the Bureau of
Internal Revenue for their information and record.
Section 9. Disputes and Grievances. - Whenever disputes, grievances, or other matters arise from the
interpretation or implementation of the productivity incentives program, the labor-management
committee shall meet to resolve the dispute, and may seek the assistance of the National Conciliation and
Mediation Board of the Department of Labor and Employment for such purpose. Any dispute which
remains unresolved within twenty (20) days from the time of its submission to the labor-management
committee shall be submitted for voluntary arbitration in line with the pertinent of the Labor Code, as
amended.
The productivity incentives program shall include the name(s) of the voluntary arbitrator or panel of
voluntary arbitrators previously chosen and agreed upon by the labor-management committee.
Section 10. Rule Making Power. - The Secretary of Labor and Employment and the Secretary of
Finance, after due notice and hearing, shall jointly promulgate and issue within six (6) months from the
effectivity of this Act such rules and regulations as are necessary to carry out the provisions hereof.
Section 11. Penalty. - Any person who shall make any fraudulent claim under this Act, regardless of
whether or not a tax benefit has been granted, shall upon conviction be punished with imprisonment of
not less than six (6) months but not more than one (1) year or a fine of not less than two thousand pesos
(P2,000.00) but not more than six thousand pesos (P6,000.00), or both, at the discretion of the Court,
without prejudice to prosecution for any other acts punishable under existing laws.

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In case of partnerships or corporations, the penalty shall be imposed upon the officer(s) or employee(s)
who knowingly approved, authorized or ratified the filing of the fraudulent claim, and other persons
responsible therefor.
Section 12. Non-Diminution of Benefits. - Nothing in this Act shall be construed to diminish or reduced
any benefits and other privileges enjoyed by the workers under existing laws, decrees, executive orders,
company policy or practice, or any agreement or contract between the employer and employees.
Section 13. Separability Clause. - If any provision of this Act is held invalid, any other provision not so
affected shall continue to be valid and effective.
Section 14. Repealing Clause. - Any law, presidential decree, executive order, and letter of instruction, or
any part thereof, which is inconsistent with any of the provisions of this Act is hereby repealed or
amended accordingly.
Section 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation. Approved: November
22, 1990

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