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PROJECT EMPLOYMENT vs
FIXED TERM EMPLOYMENT:
While the former requires a project
as restrictively defined, the duration
of a fixed-term employment agreed
upon by the parties may be any
day certain, which is understood to
be "that which must necessarily
come although it may not be known
when." The decisive determinant in
fixed-term employment is not the
activity that the employee is called
upon to perform but the day certain
agreed upon by the parties for the
commencement and termination of
the employment relationship
Exception:
a. When the job is technical in nature (w/n
there is an apprenticeship program)
b. When, as an act of compassion, the parties
decide to extend the 180 day period so that
the probationary employee may prove that
his is fit for the job.
Guaranteed Basic Rights of Workers under the
Constitution:
WHOSE-CD
1.
2.
3.
4.
19.
20.
Sec. 7. Prescription.
Illegal recruitment cases under this Rule shall
prescribe in five (5) years: Provided, however, that
illegal recruitment cases involving economic
sabotage shall prescribe in twenty (20) years.
Labor Code
Regulation of Recruitment and Placement Activities
(AEP).
Date
Monday nearest Auguest 21
November 1
December 24
December 31
Muslim Holidays
Amun Jadid (New Year)
Date
1stday of the lunar month of
Muharram
12th day of the third lunar mo
of Rabi-ul-Awwal
27th day of the seventh lunar
month of Rajab
Date
Example 1 :
Employee earns 50,000 per month, worked 4 hrs
January 1
OT on a normal day
Movable
50,000/22 days = 2,217.73 per day
Movable
2,217.73 per day/ 8 hour = 277.22 per hour
Monday nearest April 9 277.22 x 125% x 4 hours OT = 3,603.82
Monday nearest May 1
Monday nearest June 12
Example 2:
Last Monday of August Employee earns 400 per day (worked from 9am to
Movable Date
11pm)
Movable Date
400/8 hrs = 50is the regular pay rate per hour
Monday nearest November
5030
x 25% = 62.5OT is the pay rate for day
December 25
62.5 x 10% = 68.77 is the OT pay rate for hours
Monday nearest December
30 10pm to 6am
worked
10
Rotation of
workers
Forced leave
Broken-time
schedule
Flexi-holiday
schedule
Instances when
meal time may be
shortened to less
than 60, minutes,
with full pay:
NOTE: But still, meal
period must not be
less than 20 minutes
(a) where the
establishment
regularly operates not
less than 16 hours a
day
Emergency
Overtime Work:
When employer
may require wo
on a Rest Day:
(b) When it is
necessary to prevent
loss of life or property
or in case of
imminent danger to
public safety due to
Description
(b) where the work is
Refers to one where the normal workweeknon-manual
is
or does
reduced to less than 6 days but the total number
of the
not involve
work-hours is 48 hours per week shall remain
serious physical
Where the normal workdays per week areexertion
reduced
but should not last for more than 6 months
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an actual or
impending
emergency in the
locality caused by
serious accidents,
fire, flood, typhoon,
earthquake,
epidemic, or other
disaster or calamity;
(c) When there is
urgent work to be
performed on
machines,
installations, or
equipment, in order
to avoid serious loss
or damage to the
employer or some
other cause of similar
nature;
or other disaster or
calamity to prevent
loss of life and
property, or imminent
danger to public
safety;
SSS Law
VAWC
(b) In casesShortened
of urgent Meal Break upon Employees
Request:
work to be performed
on the machinery,
equipment, (a)
or the employees voluntarily agree in writing to a
shortened
installation, to avoid meal period of 30 minutes and are willing
waive the OT pay for such shortened meal
serious losstowhich
period;
the employer
would
otherwise suffer;
(b) there will be no diminution whatsoever in the
salary and other fringe benefits of the employees
existing before the effectivity of the shortened meal
period;
-female member
-at least 3 monthly contributions in the 12-month period
immediately preceding semester of her childbirth or
miscarriage
-A victim
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Magna Carta
Solo Parents
Act
Paternity Leave
Act
-woman employee
-for at least 6 months in the last 12 months
-following surgery caused by gynecological disorders
-solo parent
-service of at least 1 year
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Law
RA 1161,
as
amended
by RA 8282
(SSS Law)
Coverage
SEC. 14-A. Maternity Leave Benefit. - A
female member who has paid at least
three (3) monthly contributions in the
twelve-month period immediately
preceding the semester of her childbirth
or miscarriage
RA 9262
(VAWC)
RA 9710
(Magna
Carta of
Women)
RA 8972
(Solo
Parents'
Welfare Act
of 2000)
Rights
shall be paid a daily maternity benefit equivalent to
100% of her average daily salary credit for
-60 days [for normal delivery]
-OR 78 days in case of caesarian delivery, subject to the following c
(a) That the employee shall have notified her employer of her pregna
probable date of her childbirth, which notice shall be transmitted to t
accordance with the rules and regulations it may provide;
(b) The full payment shall be advanced by the employer within thirty
the filing of the maternity leave application;
(c) That payment of daily maternity benefits shall be a bar to the rec
benefits Provided by this Act for the same period for which daily mat
have been received;
(d) That the maternity benefits Provided under this section shall be p
first four (4) deliveries or miscarriages;
(e) That the SSS shall immediately reimburse the employer of one h
(100%) of the amount of maternity benefits advanced to the employe
employer upon receipt of satisfactory proof of such payment and leg
(f) That if an employee member should give birth or suffer miscarriag
required contributions having been remitted for her by her employer
without the latter having been previously notified by the employer of
pregnancy, the employer shall pay to the SSS damages equivalent t
which said employee member would otherwise have been entitled to
SECTION 43. Entitled to Leave. Victims under this Act shall be en
-paid leave of absence up to 10 days in addition to other paid leave
Labor Code and Civil Service Rules and Regulations,
-extendible when the necessity arises as specified in the protection
Any employer who shall prejudice the right of the person under this
penalized in accordance with the provisions of the Labor Code and C
Rules and Regulations. Likewise, an employer who shall prejudice a
assisting a co-employee who is a victim under this Act shall likewise
discrimination.
14
allowing him not to report for work for 7 days but continues to earn t
compensation therefor, on the condition that his spouse has deliver
suffered a miscarriage for purposes of enabling him to effectively le
support to his wife in her period of recovery and/or in the nursing of
child.
15
miscarriage
3) he has applied for paternity leave in accordance with law
4) his wife has given birth, or suffered a miscarriage.
16
Manner of Payment
General Rule: Wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons, or any other form
alleged to represent legal tender is absolutely prohibited even when
expressly requested by the employee.
Exceptions:
A. Payment of wages by bank
checks
Postal checks or money orders is
allowed where such manner of
wage payment is customary on
the date of the effectivity of the
Code, where it is so stipulated in
a collective agreement, or where
all of the following conditions are
met:
(a) There is a bank or other
facility for encashment within a
radius of one (1) kilometer from
the workplace;
(b) The employer or any of his
agents or representatives does
not receive any pecuniary benefit
directly or indirectly from the
arrangement;
(c) The employees are given
reasonable time during banking
hours to withdraw their wages
from the bank which time shall be
considered as compensable
hours worked if done during
working hours; and
(d) The payment by check is with
the written consent of the
employees concerned if there is
no collective agreement
authorizing the payment of wages
by bank checks.
17
18
Wage Distortion
-shall mean a situation where an increase in
prescribed wage rates results in the elimination or
severe contraction of intentional quantitative
differences in wage or salary rates between and
among employee groups in an establishment as to
effectively obliterate the distinctions embodied in
such wage structure based on skills, length of
service, or other logical bases of differentiation.
19