LABOR STANDARDS - Pointers for review for the finals:

I. BENEFITS OF NIGHT WORKERS

Employment of Night Workers
Art. 154. Coverage — This chapter shall apply to all persons, who shall be employed or permitted or suffered to work
at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during
a period of not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the
morning, to be determined by the Secretary of Labor and Employment, after consulting the workers’
representatives/labor organizations and employers.
‘Night worker’ means any employed person whose work requires performance of a substantial number of hours of
night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the
workers’ representatives/labor organizations and employers.

Benefits:
1. Right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health
problems associated with their work. They may have this assessment before their assignment, at regular
intervals or if they experience health problems during their assignment.
2. Suitable first-aid facilities shall be made available for workers performing night work, including arrangements
where such workers, where necessary, can be taken immediately to a place for appropriate treatment.
3. Right to be transferred, whenever practicable, to a similar job for which they are fit to work if they are certified
as unfit for night work.
4. The compensation for night workers in the form of working time, pay or similar benefits shall recognize the
exceptional nature of night work
5. Appropriate social services shall be provided for night workers and, where necessary, for workers performing
night work
6. Night shift differential - For work performed from 10:00 p.m. to 6:00 a.m. the following day, the employee is
entitled to a night shift differential pay of not less than 10% of his regular wage for each hour of work
rendered.
Note: night shift differential CAN NOT be waived. Basis: Art 6 of NCC (rights may be waived unless contrary
to public policy)

Women Night Workers — Measures shall be taken to ensure that an alternative to night work is available to women
workers who would otherwise be called upon to perform such work:

1. Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time
before and after childbirth;
2. For additional periods, in respect of which a medical certificate is produced stating that said additional periods
are necessary for the health of the mother or child:
a. During pregnancy;
b. During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above,
the length of which shall be determined by the DOLE after consulting the labor organizations and
employers.
c. During the periods referred to in this article:
i. A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized
causes provided for in this Code that are not connected with pregnancy, childbirth and childcare
responsibilities.
ii. A woman worker shall not lose the benefits regarding her status, seniority, and access to
promotion which may attach to her regular night work position.

San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang

 II. ARTICLE 203(197) OF LABOR CODE ON SECOND INJURIES
Requisites:
1. Employee under permanent partial disability
2. Suffers another injury
3. Injury is compensable
4. Injury is GREATER than previous injury

Who will be liable for the income benefit of the new disability?
- The State Insurance Fund
What if the disability is related to the previous?
- The System shall be liable only for the difference in income benefits.

III. PROCEDURE IN RESOLVING WAGE DISTORTION ISSUES IN ORGANIZED AND UNORGANIZED ESTABLISHMENT
"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

Wage distortion issues in organized establishment (unionized)

1. Employer & union shall negotiate
2. Any dispute should be resolved under the CBA
3. If dispute remains unresolved issue shall be raised through voluntary arbitration
Wage distortion issues in unorganized establishment (not unionized)
1. Employer & employee shall negotiate
2. Any dispute shall be settled through the National Conciliation and Mediation Board (NCMB)
3. If remains unresolved after 10 days, it shall be referred to the NLRC
Distortion Adjustment Formula

𝑬𝒙𝒊𝒔𝒕𝒊𝒏𝒈 𝒎𝒊𝒏𝒊𝒎𝒖𝒎 𝒘𝒂𝒈𝒆

𝒙 𝒑𝒓𝒆𝒔𝒄𝒓𝒊𝒃𝒆𝒔 𝒘𝒂𝒈𝒆 𝒊𝒏𝒄𝒓𝒆𝒔𝒆 = 𝒅𝒊𝒔𝒕𝒐𝒓𝒕𝒊𝒐𝒏 𝒂𝒅𝒋𝒖𝒔𝒕𝒎𝒆𝒏𝒕 𝒂𝒎𝒐𝒖𝒏𝒕
𝑨𝒄𝒕𝒖𝒂𝒍 𝑺𝒂𝒍𝒂𝒓𝒚 𝒐𝒇 𝒆𝒎𝒑𝒍𝒐𝒚𝒆𝒆

Sample problem:

Find the new salary of the employee given the facts below:
Existing Minimum Wage= P500 / day
Employee’s daily wage = P550/ day
Mandated wage increase is P20 / day

Answer:
𝑃ℎ𝑝 500
𝑑𝑖𝑠𝑡𝑜𝑟𝑡𝑖𝑜𝑛 ad𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡 𝑎𝑚𝑜𝑢𝑛𝑡 = 𝑃ℎ𝑝 550 𝑥 𝑃ℎ𝑝 20
distortion adjustment amount = 18.19
New salary = Php 550 + Php 18.19
New Salary = Php 568.19

San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang

IV. RULES ON REST DAYS OF KASAMBAHAY
“Kasambahay” refers to any person engaged in domestic work within an employment relationship such as, but not
limited to, the following: general house help, nursemaid or “yaya”, cook, gardener, or laundry person, but shall
exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.

Kasamabahays are entitled to the following:

1. Daily Rest Period - entitled to an aggregate daily rest period of eight (8) hours per day.
2. Weekly Rest Period –twenty-four (24) consecutive hours of rest in a week.
Requisities:
 employer and the domestic worker shall agree in writing on the schedule
 employer shall respect the preference of the domestic worker as to the weekly rest day when such
preference is based on religious grounds.
Employer and domestic helper may agree on the following:
 Offsetting a day of absence with a particular rest day;
 Waiving a particular rest day in return for an equivalent daily rate of pay;
 Accumulating rest days not exceeding five (5) days; or
 Other similar arrangements.
V. DOCTRINE OF 24 HOURS DUTY OF POLICEMEN AND SOLDIERS
General Rule: Soldiers and policemen and even firemen by the nature of their work may be considered on duty
round-the-clock.
Case: GSIS VS. ALEGRE
FACTS:
SPO4 Tenorio spotted SPO2 Alegre driving his tricycle and ferrying passengers during his tour of duty. Alegre
allegedly snubbed Tenorio and even directed curse words against the latter which led to a verbal tussle and later
on fatal shooting. As a result, Alegre’s widow filed a claim from GSIS but the latter denied saying that Alere was
performing a personal activity which is not work connected.
ISSUE:
Whether or not the SPO2 Alegre’s death is compensable pursuant to the applicable laws and regulations.
HELD:
NO. The court took in to consideration the pertinent guidelines of the ECC with respect to claims for death
benefits, the following are the requisites:
1. that the employee must be at the place where his work requires him to be
2. hat the employee must have been performing his official functions
3. that if the injury is sustained elsewhere, the employee must have been executing an order for the
employee.
Obviously, the matter SPO2 Alegre was attending to at the time he met his death, that of ferrying passengers for
a fee, was intrinsically private and unofficial in nature proceeding as it did from no particular directive or
permission of his superior officer. That he may be called upon at any time to render police work as he is considered
to be on a round-the-clock duty and was not on an approved vacation leave will not change the conclusion arrived
at considering that he was not placed in a situation where he was required to exercise his authority and duty as
a policeman. In fact, he was refusing to render one pointing out that he already complied with the duty detail. At
any rate, the 24-hour duty doctrine, as applied to policemen and soldiers, serves more as an after-the-fact
validation of their acts to place them within the scope of the guidelines rather than a blanket license to benefit
them in all situations that may give rise to their deaths.

San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang

VI. DOCTRINE OF STREET PERIL FOR PURPOSES OF COMPENSATION OF INJURY OR DEATH ON THE WAY TO WORK

The street peril principle - ECC passed Resolution No. 3914-A which provides that an injury or death of a covered
member in an accident while he is going to or coming from workplace shall be compensable provided the following
conditions are established:
1. The act of the employee of going to or coming from the workplace must have been a continuing acr, that is,
he has not been diverted therefrom by any other activity, and he had not departed from his usual route to
or from his workplace
2. Or if an employee is on a special errand, and that special errand must have been official and in connection
with his work
Case: Allano vs ECC
FACTS:
Dedicacion de Vera, a government employee during her lifetime, worked as principal of Salinap Community School
in San Carlos City, Pangasinan. Her tour of duty was from 7:30 a.m. to 5:30p.m. On November 29, 1976, at 7:00
A.M., while she was waiting for a ride at Plaza Jaycee inSan Carlos City on her way to the school, she was bumped
and run over by a speeding Toyota mini-bus which resulted in her instantaneous death. She is survived by her four
sons and a daughter. On June 27, 1977, Generoso C. Alano, brother of the deceased, filed the instant claim for
income benefit with the GSIS for and in behalf of the decedent's children. The claim was, however, denied on the
same date on the ground that the "injury upon which compensation is being claimed is not an employment
accident satisfying all the conditions prescribed by law." On July 19, 1977 appellant requested for a
reconsideration of the system's decision, but the same was denied and the records of the case were elevated to
this Commission for review.
ISSUE:
Whether or not the death of Dedicacion de Vera can be compensable.
HELD:
YES. it is not disputed that the deceased died while going to her place of work. She was at the place where, as
the petitioner puts it, her job necessarily required her to be if she was to reach her place of work on time. There
was nothing private or personal about the school principal's being at the place of the accident. She was there
because her employment required her to be there
VII. PROXIMITY RULE AS AN EXCEPTION TO INGRESS AND EGRESS RULE

GR: In the absence of special circumstances, an employee injured in, going to, or coming from his place of work is
excluded from the benefits of workers compensation acts

XPN:
1. Employee is proceeding to and from his work on the presence of the employer
2. Employee is about to enter or about to leave the premises of his employer (proximity rule)
3. Employee is charged, while on his way home, some duty or errand connected with his employment
4. Where the employer, as an incident of the employment, provides the means of transportation to and from
the place of employment.
Case: Iloilo Dock & Eng’g vs WCC
FACTS:
At about 5:02 o'clock in the afternoon of January 29, 1960, Pablo, who was employed as a mechanic of the IDECO,
while walking on his way home, was shot to death in front of, and about 20 meters away from, the main IDECO
gate, on a private road commonly called the IDECO road. The slayer, Martin Cordero, was not heard to say anything
before or after the killing. The motive for the crime was and still is unknown as Cordero was himself killed before
he could be tried for Pablo's death. At the time of the killing, Pablo's companion was Rodolfo Galopez, another
employee, who, like Pablo, had finished overtime work at 5:00 p.m. and was going home. From the main IDECO
San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang
 gate to the spot where Pablo was killed, there were four "carinderias" on the left side of the road and two
"carinderias" and a residential house on the right side. The entire length of the road is nowhere stated in the
record. According to the IDECO, the Commission erred in holding that Pablo's death occurred in the course of
employment and in presuming that it arose out of the employment; in applying the "proximity rule;" and in holding
that Pablo's death was an accident within the purview of the Workmen's Compensation Act.
ISSUE:
Whether or not the proximity rule is applicable in the case of Pablo’s death?
HELD:
YES. The general rule in workmen's compensation law known as the "going & coming rule," simply stated, is that
"in the absence of special circumstances, an employee injured in, going to, or coming from his place of work is
excluded from the benefits of workmen's compensation acts." This rule, however, admits of four well-recognized
exceptions, to wit:
1. the employee is proceeding to or from his work on the premises of his employer;
2. where the employee is about to enter or about to leave the premises of his employer by way of the
exclusive or customary means of ingress and egress
3. where the employee is charged, while on his way to or from his place of employment or at his home, or
during his employment, with some duty or special errand connected with his employment;
4. Where the employer, as an incident of the employment, provides the means of transportation to and
from the place of employment.
The court stressed out that where Pablo was shot was barely 20 meters away from the main IDECO gate. The spot
is immediately proximate to the IDECO premises. The court also considered that Pablo just finished overtime work
and was killed barely 2 minutes after dismissal of work
.
VIII. WHEN IS SUICIDE COMPENSABLE
According to American authorities suicide is compensable on the following cases:
1. When it resulted from insanity resulting from compensable work injury or disease
2. When it occurs during a delirium resulting from a compensable disease

IX. PROXIMATE CAUSE OF COMPENSABLE INJURY OR DEATH

Proximate cause – the sufficient cause which may be the most remote of an operation chain.
Proximate legal cause – a natural and continuous chain of events, each having a close causal connection with its
immediate predecessor.
Case: BELARMINO VS. ECC
FACTS:
Oanis Belarmino was a classroom teacher at the Burucan Elementary School in Dimasalang, Masbate for 11 years.
On January 14, 1982, Mrs. Belarmino who was in her 8th month of pregnancy, accidentally slipped and fell on the
classroom floor. She complained of abdominal pain and stomach cramps but she continued reporting for work
because there was much work to do. On January 25, 1982, she went into labor and prematurely delivered a baby
girl at home. Her abdominal pain persisted even after delivery. When she was brought to the hospital, her
physician informed her that she was suffering from septicemia post-partum due to infected lacerations of the
vagina. After she was discharged from the hospital, she died three days later. The GSIS denied the claim on the
ground that septicemia post-partum, the cause of death is an occupational disease and neither was there any
showing that the ailment was contracted by reason of her employment. On appeal to the Employees
Compensation Commission, latter also denied the claim affirming the denial of the claim by GSIS.
ISSUE:
W/N the death of Mrs. Belarmino is compensable.

San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang

 HELD:
YES. The death of Mrs. Belarmino from septicemia post-partum is compensable because an employment accident
and the conditions of her employment contributed to its development. The condition of the classroom floor
caused Mrs. Belarmino to slip and fall and suffer injury as a result. The fall precipitated the onset of recurrent
abdominal pains which culminated in the premature termination of her pregnancy with tragic consequences to
her. Her fall on the classroom floor brought about her premature delivery which caused the development of
postpartum septicemia which resulted in death. Her fall therefore was the proximate cause that set in motion an
unbroken chain of events leading to her death.
Case: Lazo vs. ECC
FACTS:
Salvador Lazo, is a security guard of the Central Bank of the Philippines assigned to its main office in Malate,
Manila. His regular tour of duty is from 2:00 o'clock in the afternoon to 10:00 o'clock in the evening. On 18 June
1986, the petitioner rendered duty from2:00 o'clock in the afternoon to 10:00 o'clock in the evening. But, as the
security guard who was to relieve him failed to arrive, the petitioner rendered overtime duty up to 5:00 o'clock
in the morning of 19 June 1986, when he asked permission from his superior to leave early in order to take
home to Binangonan, Rizal, his sack of rice .On his way home, at about 6:00 o'clock in the morning of June 1986,
the passenger jeepney the petitioner was riding on turned turtle due to slippery road. As a result, he sustained
injuries and was taken to the Angono Emergency Hospital for treatment. He was later transferred to the
National Orthopedic Hospital where he was confined until 25 July 1986.For the injuries he sustained, petitioner
filed a claim for disability benefits under PD 626, as amended. His claim, however, was denied by the GSIS.
ISSUE:
Whether or not the claim is compensable?
HELD:
YES, the claim is compensable. Since Lazo left his station several hours after his regular time because the reliever
did not arrive thus he was asked to render overtime. After he was given permission, he went straight home.
There is no evidence that he deviated from his usual, regular routine.

X. LABOR ONLY CONTRACTING

Labor Advisory 010-16 - Labor-only contracting shall be declared prohibited
labor-only contracting - refers to an arrangement where the contractor or subcontractor merely recruits, supplies or
places workers to perform a job, work or service for a principal, and the following elements are present:

a. The contractor or subcontractor does not have substantial capital or investment in the form of tools,
equipment, machineries, work premises, among others, and the workers recruited and placed by such person
are performing activities which are directly related to the principal business of such employer. In such cases,
the person or intermediary shall be considered merely as an agent of the employer who shall be responsible
to the workers in the same manner and extent as if the latter were directly employed by him
b. contractor does not exercise the right of control over the performance of the work of the employee.

XI. PAGES 344 TO 570 OF AZUCENA

XII. SPECIAL LAWS

San Beda College Alabang Atty. Jimeno – Labor Standards C. Maghirang