Republic of the Philippines

Bicol State College of Applied Sciences and Technology

Peǹfrancia Avenue,Naga City

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Employer-Employee Relationships

The determination of whether employer-employee relation exists between the parties is very
important. For one, entitlement to labor standards benefits such as minimum wages, hours of
work, overtime pay, etc., or to social benefits under laws such as social security law, workmen’s
compensation law, etc., ,or to termination pay, or to unionism and other labor relations
provisions under the Labor Code, are largely dependent on the existence of employer-employee
relationship between the parties.

Another thing is that the existence of employer-employee relationship between the parties will]
agencies or not. If for example the parties are not employer-employee of each other,
respectively, but perhaps partners or associates, then any dispute between them will be not be
covered by the jurisdiction of labor agencies but by regular courts.
Three test to determine employer-employee relationship

There are three test commonly used to determine the existence of employer-employee
relationship, viz.:

-Four-fold test
-Economic reality test
-Two-tiered test (or Multi-factor test)
-Four-fold test elements
The usual test used to determine the existence of employer-employer relationship is the so-
called four-fold test. In applying this test, the following elements are generally considered:

-Right to hire or to the selection and engagement of the employee.

-Payment of wages and salaries for services.
-Power of dismissal or the power to impose disciplinary actions.
-Power to control the employee with respect to the means and methods by which the work is
To be accomplished. This is known as the right-of-control test.

Right of control test is considered as the most important element in determining the existence
of employment relation .Of the above-mentioned elements, the right of control test is
considered as the most important element in determining the existence of employment
relation. The control test initially found application in the case of Viaña vs. Al-Lagadan and Piga,
where the court held that there is an employer-employee relationship when the person for
whom the services are performed reserves the right to control not only the end achieved but
also the manner and means used to achieve that end.

Control test thus refers to the employer’s power to control the employee’s conduct not only as
to the result of the work to be done but also with respect to the means and methods by which
the work is to be accomplished.
In applying this test, it is the existence of the right, and not the actual exercise thereof, that is
important.

Economic reality test

In view of today’s highly specialized workforce, the court are often faced with situations where
the right-of-control-test alone can no longer adequately determine the existence of employer-
employer relationship. Subsequently, another test has been devised to fill the gap, known as the
economic reality test.

In Sevilla v. Court of Appeals, the Court observed the need to consider the existing economic
conditions prevailing between the parties, in addition to the standard of right-of-control, to give
a clearer picture in determining the existence of an employer-employee relationship based on
an analysis of the totality of economic circumstances of the worker.
Economic realities of the employment relations help provide a comprehensive analysis of the
true classification of the individual, whether as employee, independent contractor, corporate
officer or some other capacity.

Under economic reality test, the benchmark in analyzing whether employment relation exists
between the parties is the economic dependence of the worker on his employer. That is,
whether the worker is dependent on the alleged employer for his continued employment in the
latter’s line of business.

Applying this test, if the putative employee is economically dependent on putative employer for
his continued employment in the latter’s line of business; there is employer-employee
relationship between them. Otherwise, there is none.
Two-tiered test (or Multi-factor test)

The economic reality test is not meant to replace the right of control test. Rather, these two test
are often use in conjunction with each other to determine the existence of employment relation
between the parties. This is known as the two-tiered test, or multi-factor test. This two-tiered
test involves the following tests:

The putative employer’s power to control the employee with respect to the means and
methods by which the work is to be accomplished; and
The underlying economic realities of the activity or relationship

State policy on labor

Chapter I
POLICY
Art. 211. Declaration of Policy.

A. It is the policy of the State:

a. To promote and emphasize the primacy of free collective bargaining and negotiations,
Including voluntary arbitration, mediation and conciliation, as modes of settling labor or
Industrial disputes;
b. To promote free trade unionism as an instrument for the enhancement of democracy and
The promotion of social justice and development;
c. To foster the free and voluntary organization of a strong and united labor movement;
d. To promote the enlightenment of workers concerning their rights and obligations as union
Members and as employees;
e. To provide an adequate administrative machinery for the expeditious settlement of labor or
Industrial disputes;
f. To ensure a stable but dynamic and just industrial peace; and
f. To ensure a stable but dynamic and just industrial peace; and
g. To ensure the participation of workers in decision and policy-making processes affecting
Their rights, duties and welfare.
B. To encourage a truly democratic method of regulating the relations between the employers
and Employees by means of agreements freely entered into through collective bargaining, no
court or Administrative agency or official shall have the power to set or fix wages, rates of pay,
hours of Work or other terms and conditions of employment, except as otherwise provided
under this Code.

NATIONAL LABOR RELATIONS COMMISSION

Chapter I
CREATION AND COMPOSITION
Art. 213. National Labor Relations Commission.
There shall be a National Labor Relations Commission
Which shall be attached to the Department of Labor and Employment for program and policy c
coordination only? Composed of a Chairman and fourteen (14) Members Five (5) members each
shall be chosen from among the nominees of the workers and employers Organizations,
respectively. The Chairman and the four (4) remaining members shall come from the public
Sector, with the latter to be chosen from among the recommenders of the Secretary of Labor
and Employment.

Upon assumption into office, the members nominated by the workers and employers
organizations shall divest themselves of any affiliation with or interest in the federation or
association to which they belong.

Title III
BUREAU OF LABOR RELATIONS
Art. 226. Bureau of Labor Relations.

The Bureau of Labor Relations and the Labor Relations Divisions in the
Regional offices of the Department of Labor, shall have original and exclusive authority to act, at
their own Initiative or upon request of either or both parties, on all inter-union and intra-union
conflicts, and all disputes, Grievances or problems arising from or affecting labor-management
relations in all workplaces, whether Agricultural or non-agricultural, except those arising from
the implementation or interpretation of collective Bargaining agreements which shall be the
subject of grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to
extension by Agreement of the parties.

Chapter II
RIGHTS AND CONDITIONS OF MEMBERSHIP
Art. 241. Rights and conditions of membership in a labor organization.

The following are the rights and conditions of membership in a labor organization:
a. No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor
organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed;
b. The members shall be entitled to full and detailed reports from their officers and
representatives of all financial transactions as provided for in the constitution and by-
laws of the organization;
c. The members shall directly elect their officers, including those of the national union or
federation, to which they or their union is affiliated, by secret ballot at intervals of five (5) years.
No qualification requirements for candidacy to any position shall be imposed other than
membership in good Standing in subject labor organization. The secretary or any other
responsible union officer shall furnish the Secretary of Labor and Employment with a list of the
newly-elected officers, together With the appointive officers or agents who are entrusted with
the handling of funds, within thirty (30) Calendar days after the election of officers or from the
occurrence of any change in the list of Officers of the labor organization; (As amended by
Section 16, Republic Act No. 6715, March 21,

Chapter III
RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS
Art. 242. Rights of legitimate labor organizations.

A legitimate labor organization shall have the right:

a. To act as the representative of its members for the purpose of collective bargaining;
b. To be certified as the exclusive representative of all the employees in an appropriate
bargaining unit
For purposes of collective bargaining;
c. To be furnished by the employer, upon written request, with its annual audited financial
statements,
Including the balance sheet and the profit and loss statement, within thirty (30) calendar days
from The date of receipt of the request, after the union has been duly recognized by the
employer or Certified as the sole and exclusive bargaining representative of the employees in
the bargaining Unit, or within sixty (60) calendar days before the expiration of the existing
collective bargaining Agreement, or during the collective bargaining negotiation;
d. To own property, real or personal, for the use and benefit of the labor organization and its
members;
e. To sue and be sued in its registered name; and
f. To undertake all other activities designed to benefit the organization and its members,
including Cooperative, housing, welfare and other projects not contrary to law.
Notwithstanding any provision of a general or special law to the contrary, the income and the
properties of Legitimate labor organizations, including grants, endowments, gifts, donations and
contributions they may Receive from fraternal and similar organizations, local or foreign, which
are actually, directly and exclusively Used for their lawful purposes, shall be free from taxes,
duties and other assessments. The exemptions provided herein may be withdrawn only by a
special law expressly repealing this provision. (As amended by

Title VI
UNFAIR LABOR PRACTICES
Chapter I
CONCEPT
Art. 247. Concept of unfair labor practice and procedure for prosecution thereof.
Unfair labor practices

Violate the constitutional right of workers and employees to self-organization, are inimical to
the legitimate Interests of both labor and management, including their right to bargain
collectively and otherwise deal with Each other in an atmosphere of freedom and mutual
respect disrupt industrial peace and hinder the promotion Of healthy and stable labor-
management relations. Consequently, unfair labor practices are not only violations of the civil
rights of both labor and management but are also criminal offenses against the State which
shall be subject to prosecution and punishment as Herein provided. Subject to the exercise by
the President or by the Secretary of Labor and Employment of the powers vested in
Them by Articles 263 and 264 of this Code, the civil aspects of all cases involving unfair labor
practices, which May include claims for actual, moral, exemplary and other forms of damages,
attorney’s fees and other Affirmative relief shall be under the jurisdiction of the Labor Arbiters.
The Labor Arbiters shall give utmost Priority to the hearing and resolution of all cases involving
unfair labor practices. They shall resolve such cases
Within thirty (30) calendar days from the time they are submitted for decision.
Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil
Code. No criminal prosecution under this Title may be instituted without a final judgment
finding that an unfair labor Practice was committed, having been first obtained in the preceding
paragraph. During the pendency of such Administrative proceeding, the running of the period of
prescription of the criminal offense herein penalized Shall be considered interrupted: Provided,
however, that the final judgment in the administrative proceedings
shall not be binding in the criminal case nor be considered as evidence of guilt but merely as
proof of compliance of the requirements therein set forth.

UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS

Art. 249.
Unfair labor practices of labor organizations.
It shall be unfair labor practice for a labor

Organization, its officers, agents or representatives:

a. To restrain or coerce employees in the exercise of their right to self-organization. However, a
labor
Organization shall have the right to prescribe its own rules with respect to the acquisition or
Retention of membership;
B. To cause or attempt to cause an employer to discriminate against an employee, including
Discrimination against an employee with respect to whom membership in such organization has
been denied or to terminate an employee on any ground other than the usual terms and
conditions Under which membership or continuation of membership is made available to other
members;
c. To violate the duty, or refuse to bargain collectively with the employer, provided it is the
Representative of the employees;
d. To cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any
money or other things of value, in the nature of an exaction, for services which are not
performed or not to be performed, including the demand for fee for union negotiations;
e. To ask for or accept negotiation or attorney’s fees from employers as part of the settlement of
any issue in collective bargaining or any other dispute; or
f. To violate a collective bargaining agreement.
The provisions of the preceding paragraph notwithstanding, only the officers, members of
governing boards, representatives or agents or members of labor associations or organizations
who have actually participated in, authorized or ratified unfair labor practices shall be held
criminally liable. (As amended by Batas Pambansa
Bilang 130, August 21, 1981)

Art. 272. Penalties.

PENALTIES FOR VIOLATION
a. Any person violating any of the provisions of Article 264 of this Code shall be punished by a
fine of Not less than one thousand pesos (P1, 000.00) nor more than ten thousand pesos (P10,
000.00) And/or imprisonment for not less than three months nor more than three (3) years, or
both such fine and imprisonment, at the discretion of the court. Prosecution under this
provision shall preclude prosecution for the same act under the Revised Penal Code, and vice
versa.
b. Upon the recommendation of the Minister of Labor and Employment and the Minister of
National Defense, foreigners who violate the provisions of this Title shall be subject to
immediate and summary deportation by the Commission on Immigration and Deportation and
shall be permanently barred from re-entering the country without the special permission of the
President of the Philippines. (As amended by Section 16, Batas Pambansa Bilang 130 and
Section 7, Batas Pambansa Bilang 227)

POST EMPLOYMENT
Title I
TERMINATION OF EMPLOYMENT
Art. 278. Coverage.

The provisions of this Title shall apply to all establishments or undertakings, whether for
Profit or not

Art. 279. Security of tenure.

In cases of regular employment, the employer shall not terminate the services of
An employee except for a just cause or when authorized by this Title
An employee who is unjustly dismissed From work shall be entitled to reinstatement without
loss of seniority rights and other privileges and to his full Back wages, inclusive of allowances,
and to his other benefits or their monetary equivalent computed from the
Time his compensation was withheld from him up to the time of his actual reinstatement. (As
amended by Section 34, Republic Act No. 6715, March 21, 1989)

Art. 280. Regular and casual employment.

The provisions of written agreement to the contrary
Notwithstanding and regardless of the oral agreement of the parties, an employment shall be
deemed to be Regular where the employee has been engaged to perform activities which are
usually necessary or desirable In the usual business or trade of the employer, except where the
employment has been fixed for a specific Project or undertaking the completion or termination
of which has been determined at the time of the Engagement of the employee or where the
work or service to be performed is seasonal in nature and the Employment is for the duration of
the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph:
Provided, That Any employee who has rendered at least one year of service, whether such
service is continuous or broken, shall be considered a regular employee with respect to the
activity in which he is employed and his
Employment shall continue while such activity exists.

Title II
RETIREMENT FROM THE SERVICE
Art. 287. Retirement.

Any employee may be retired upon reaching the retirement age established in the
Collective bargaining agreement or other applicable employment contract In case of retirement,
the employee shall be entitled to receive such retirement benefits as he may have earned under
existing laws and any collective bargaining agreement and other agreements: Provided,
however, that an employee’s retirement benefits under any collective bargaining and other
agreements shall not be less than those provided therein.
In the absence of a retirement plan or agreement providing for retirement benefits of
employees in the establishment, an employee upon reaching the age of sixty (60) years or more,
but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age,
who has served at least five (5) years in the said establishment, may retire and shall be entitled
to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a
fraction of at least six (6) months being considered as one whole year.
Unless the parties provide for broader inclusions, the term ‘one-half (1/2) month salary’ shall
mean fifteen (15) Days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent
of not more than five (5) days of service incentive leaves.
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 and subject to the penal provisions under
Article 288
BOOK SEVEN
TRANSITORY AND FINAL PROVISIONS
Title I
PENAL PROVISIONS AND LIABILITIES
Art. 288. Penalties.

Except as otherwise provided in this Code, or unless the acts complained of hinge on a
question of interpretation or implementation of ambiguous provisions of an existing collective
bargaining agreement, any violation of the provisions of this Code declared to be unlawful or
penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1, 000.00)
nor more than Ten Thousand Pesos (P10, 000.00) or imprisonment of not less than three
months nor more than three years, or both such fine and imprisonment at the discretion of the
court.
In addition to such penalty, any alien found guilty shall be summarily deported upon completion
of service of sentence.
Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code
shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First
Instance. (As amended By Section 3, Batas Pambansa Bilang 70)

Art. 289. Who are liable when committed by other than natural person
If the offense is committed by a corporation, trust, firm, partnership, association or any other
entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust,
firm, partnership, association or entity.

Title II
PRESCRIPTION OF OFFENSES AND CLAIMS
Art. 290. Offenses.

Offenses penalized under this Code and the rules and regulations issued pursuant
Thereto shall prescribe in three (3) years.
All unfair labor practice arising from Book V shall be filed with the appropriate agency within
one (1) year from
Accrual of such unfair labor practice; otherwise, they shall be forever barred.
Art. 291. Money claims.
All money claims arising from employer-employee relations accruing during the
Affectivity of this Code shall be filed within three (3) years from the time the cause of action
accrued; otherwise they shall be forever barred.

GENERAL LABOR STANDARDS

General Labor standards refers to the minimum requirements prescribe by existing laws, rules
and regulations relating to wages, hours of work, allowances and other monetary and welfare
benefits, including those set by occupational safety and health standards.

Minimum Wage
Computation of the Estimated Equivalent Monthly Rate (EEMR) of Monthly Paid Employees
Applicable Daily Rate/12 x 365= EEMR

Premium Pay
Refers to the additional compensation for work performed within 8 hours on non-work days,
such as rest days and special days

Right to Holiday Pay

Refers to the payment of the regular daily wage for any unworked regular holidays

Regular Holidays
Every employee is entitled to this holiday pay. This means that the employee is entitled to at
least 100% of his/ her basic wage even if he/she did not report for work, provided he/she is
present or is on leave of absence with pay on the work day immediately preceding the holiday

Overtime Pay
Refers to the additional pay for work performed beyond eight (8) hours a day
Night Shift Differential
Refers to the additional ten percent (10%) compensation to the regular wage of an employee
for each hour of work performed between 10:00 p.m. and 6:00 am

Right to Service Incentive Leave

Every employee who has rendered at least one (1) year of service is entitled to a yearly service
incentive leave of five (5) days with pay

Paternity Leave
Is granted to all married male employees in the private sector, regardless of employment status
(e.g., probationary, regular, contractual, project-based) to lend support to his wife during the
period of recovery and/ or nursing of her newborn child

Maternity Leave
every pregnant woman in the private sector, whether married or unmarried, is entitled to a
maternity leave of (60) days in case of normal delivery, abortion, or miscarriage ; or seventy-
eight (78) days in case of caesarian section delivery with benefits equivalent to 100% of the
average daily salary credit of the employee as defined under Social Security Law

Parental Leave for Solo Parents

Is a granted to any solo parent or individual who is left alone with the responsibility of
parenthood to enable him/ her to perform parental duties and responsibilities where physical
presence is required?
*shall be for seven (7) work days every year with full pay

Leave for Victims of Violence against Woman and their Children (VAWC)
Is granted to private sector women employees who are victims as defined in Republic Act No.
9262.The leave benefit shall cover the days that the women employee has to attend to medical
and legal concerns

Service Charges
Employee of employers collecting service charges is entitled to an equal share in the 85% of the
total such charges, except managerial employees. The remaining 15% of the charges may be
retained by the management to answer for losses and breakages and for distribution to
managerial employees, at the discretion of the management in the latter case

Separation Pay
An employee's entitlement to separation pay depends on the reason or ground for the
termination of his/ her services. On the other hand, where the termination is for authorized
causes, separation pay is due

13th month Pay

All employers are required to pay their rank-and-file employees regardless of the nature of their
employment and irrespective of the method by which their wages are paid provided they
worked for at least one (1) month during calendar year.

Equal Work Opportunity for All

The state shall protect labor, promote full employment, provide equal work opportunity
regardless of gender, race, or creed; and regulate employee- employer relations

Security of Tenure
No employee can be dismissed from work except for a just or authorized cause, and only after
due process

Workdays
Refers to any day during which an employee is regularly required to wor
Work hours
Refer to all the time an employee renders actual work, or is required to be on duty or to be at a
prescribed workplace. The normal hours of work in a day are 8 hours

Weekly Rest Day

A day off of 24 consecutive hours after 6 days of work should be scheduled by the employer
upon consultation with the workers

Wage- Wage-related Benefits

Is the amount paid to an employee in exchange for a task, piece of work or service rendered to
an employer?

Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of work. Payment may be made
through a bank upon written petition of majority of the workers in establishments with 25 or
more employees and within one (1) km radius to a bank

Employment of Women
Women are prohibited to work at night unless allowed by the rules:
- In industrial undertakings from 10 p.m. to 6 am
- In commercial/ non- industrial undertakings from midnight to 6 a.m.
- In agricultural undertakings, at night time unless given not less than 9 consecutive hours of
rest

Employment of Children
Minimum employable age is 15 years of age. (Under the sole responsibility of parents or
guardians; work does not interfere with child's schooling and development)
No person below 18 years of age can be employed in a hazardous or deleterious undertaking

Right to Self- organization and Collective Bargaining

Workers are free of any interference from the employer or from government, to form or join
any legitimate worker's organization, association, or union of his or her own choice except those
classified as managerial or confidential. An employee is eligible for membership in an
appropriate union on the first day of his or her employment

Collecting Bargaining Agreement (CBA)

The result of collective bargaining contract, generally has a term of five years.

Safe Working Conditions

Employers must provide workers with every kind of on-the-job protection against injury,
sickness, or death through safe and healthful working conditions

Hazardous Jobs
Are those which expose the employees to dangerous environment elements, including
contaminants, radiation, fire, poisonous substances, biological agents and explosives, or
dangerous processes

Employees' Compensation Program

Is the tax-exempt compensation program for employees and their dependents? (Presidential
Decree N0. 626, implemented March 1975) the benefits include:
- Medical benefits for sickness/ injuries
- Disability benefits
- Rehabilitation benefits
- Death and Funeral benefits
- Pension benefits

Safety
Refers to the physical or environmental conditions of work which comply with prescribed OSH

Health
Means a sound state of the body and the mind of the workers that enables the worker or
employee to perform the job normally

OSH Standards
Are mandatory rules and standards set and enforces to eliminate or reduce occupational safety
and health hazards in the workplace

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Prevent or reduce occupational risks; “temporary worker" includes any worker under a fixed term
contract of employment and, or any worker who has a temporary employment relationship with an
emp1oyer, including:

(a) a worker having an employment relationship governed by a fixed term contract of employment
concluded directly between the employer and the worker, where the end of the contract is
established by objective conditions including reaching a specific date, completing a specific
task or the occurrence of specific event;

(b) a worker having a temporary employment relationship with an employer who has a temporary
employment business, and where the worker is assigned to work for, and under the control of an
undertaking and, or an establishment making use of his services; “workers’ health and safety
representative" and "representative’ ‘mean a workers’ health and safety representative appointed in
terms of article 6(4) of the Act. General duties of employers.

4. (1) it shall be the duty of an employer to ensure the health and safety of workers at all times in every
aspect related to the work.

(2)An employer shall make such appropriate arrangements for the effective planning, organization,
control, monitoring and review of the preventive and protective measures, taking into consideration the
nature of the activities and the size of the undertaking.

(3)An employer shall take all necessary measures for the safeguard of occupational health and safety,
and for this purpose shall prevent occupational risks and provide information and training as required:

Provided that for these purposes, an employer shall provide the necessary organization and means by
which to ensure there quite degree of occupational health and safety standards:

Provided further that, with the aim of improving existing situations, an employer shall be alert to the
need to adjust or amend those measures taken to protect workers’ health and safety taking account of
changing circumstances. Further duties

5.Without prejudice to the generality of the provisions of these regulations, an employer shall, after
taking into account the nature of the activities of the enterprise and, or establishment –

(a) identify hazards at the place of work and shall avoid risks to occupational health and safety;

(b) evaluate those risks to the health and safety of workers which cannot be avoided and shall
combat them at source;

(c) adapt the work to the individual, especially with regards to the design of work places,
the choice of

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Work equipment and the choice of working and production methods, with a view in
particular to alleviate monotonous work and work at a predetermined work-rate and to
reduce their effect on health .Evaluation by the employer.

6. (1) Without prejudice to the generality of the foregoing, an employer shall evaluate risks to
occupational health and safety, inter alia in the choice of work equipment, the chemical substances or
chemical preparations used, the work practices or activities, and the design and fitting-out of work
places, as well as the workers ‘capabilities to carry out safely the task or tasks entrusted to them.
2)Subsequent to the evaluation referred to in the preceding sub regulation, and as necessary, the
employer shall take all necessary measures to prevent occupational risks to health and safety, and shall
control those factors which are likely to give rise to accidents or which create a risk to occupational
health and, or safety including where necessary by changing the working and production methods, so as
to assure an improvement in the level of protection afforded to workers with regard to health and safety:

Provided that such measures shall be integrated into all the activities and at all hierarchical levels within
the undertaking and, or establishment.

(3)It shall be the duty of an employer to ensure that the planning and introduction of new
technologies are the subject of consultation with the workers and, or their representatives, as regards
the consequences of the choice of equipment, the working conditions and the working environment for
the safety and health of workers.

(4)An employer shall take appropriate steps to ensure that only workers who have received adequate
and suitable training may have access to areas where there is serious and specific danger .Co-operation
between employers, contractors and, or self-employed persons.

7.Without prejudice to other provisions of these regulations, where several employers, contractors and,
or self-employed persons share a work place, the employers, the contractors and the self-employed
persons shall co-operate in implementing the occupational health, safety and hygiene provisions and,
taking into account the nature of the activities, shall co-ordinate their actions in matters which concern
protective and preventive measures, and shall inform one another and their respective workers and, or
workers’ representatives of these risks.

Workers not to suffer any charge

8.An employer shall not levy or permit to be levied on any worker any charge or deduction in
wages in respect of anything done or provided in the interests of occupational health, safety, hygiene or
welfare in pursuance of any provisions of these regulations, or of any other regulations issued under the
Act, or with respect to any measure related to occupational health, safety, hygiene or welfare at work.
Protective and preventive services and measures

9.(1)In any workplace, an employer shall designate one or more persons having the necessary
aptitude, capabilities, competence and training to assist him in undertaking the measures

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Which are required to be taken in relation to the protection of occupational health and safety and the
prevention and control of occupational risks?

Provided that where more than one person is so designated, or where external services are recruited, an
employer shall make arrangements for ensuring adequate co-operation between them.

(2) Workers who have been designated to carry out the activities referred to in the preceding sub
regulation may not be placed at any disadvantage because of their activities related to the protection of
occupational health and safety and prevention of occupational risks.
(3)If, for whatever reason, the protective and preventive measures required by these regulations
cannot be organized for lack of competent personnel in the undertaking and, or establishment, the
employer shall enlist competent external services or persons having the necessary aptitudes and the
necessary personal and professional means.

(4)Where the employer enlists such external services or persons, the employer shall inform them
of the factors known or suspected to affect the health and safety of any person by the conduct of the
undertaking.

(5)Where the employer enlists such external services or persons, the employer shall provide
them with, and ensure access to, any such information as would be required to allow them to carry out
their assigned tasks, including any information which should be given to the workers by virtue of these
regulations.

(6)In selecting designated workers or the external services to be consulted, including the numbers
required as well as the level of professional training and competence, an employer shall also take into
consideration the size of the undertaking and, or establishment, the number of persons present at any
time, the hazards to which the workers are exposed and their distribution throughout the entire
undertaking and, or establishment, and in the case of workers designated from within the establishment,
shall ensure that the time available for them to fulfill their functions and the means at their disposal are
adequate.

(7)Where both designated workers and external services are appointed, the employer shall ensure the
co-ordination of the activities that are to be carried out, and that they work together whenever
necessary.

(8)It shall be the duty of an employer to ensure that designated workers or services are informed of the
assignment of work to temporary workers to the extent necessary for the designated workers to be able
to carry out adequately their protection and prevention activities for all the workers in the undertaking
and, or establishment.

(9)The Authority may determine the capabilities, aptitudes and level and type of training required by
designated persons for the adequate and suitable implementation of this regulation.

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Risk Assessments.

10.(1) It shall be the duty of every employer and of every self-employed person to carry out, or to
ensure that is carried out, a suitable, sufficient and systematic assessment of all the occupational health
and safety hazards which may be present at the place of work and the resultant risks involved
concerning all aspects of the work activity. Such assessments shall consider the risks to the health and
safety of workers and of self-employed persons to which they are exposed whilst at work, as well as the
risks to the health and safety of other persons, including visitors to the place of work, which risks arise
out of, or in connection with the work being carried out, or by the conduct of the undertaking: Provided
that when carrying out such assessments, an employer and a self-employed person shall also take
into consideration changes to the work activities being carried out and to the workplace, and shall take
appropriate action.

(2)Where five or more workers are employed, an employer shall keep in his possession written or
retrievable electronic copies of such assessments, and shall ensure that they are updated regularly.

(3)An employer and a self-employed person shall decide on the protective measures appropriate to the
nature of the work being carried out which are required to be taken following the reassessments and, if
necessary, the protective equipment to be used.

(4)The assessments referred to in this regulation shall be reviewed whenever there is any major
change in working conditions, or whenever the employer or self-employed person have reason to
suspect that they are no longer valid.

Serious and imminent danger

11.(1) An employer shall establish and give effect to appropriate procedures to be followed in
the event of serious and imminent danger, and for this purpose shall nominate a sufficient number of
competent persons to implement those procedures to be followed when the circumstances or the
situation require the evacuation of persons from the place of work.

(a) as soon as possible inform all workers who are, or maybe exposed to serious and imminent danger,
of the risk involved, and of the steps taken, or to be taken as regards protection;

(b) Take action and give instructions to enable workers in the event of serious, imminent and
unavoidable danger, to stop work and, or immediately to leave the work place and proceed to a place of
safety;

(c) refrain from asking workers, save in exceptional cases for reasons duly substantiated, to resume
work in working situation where there is still a serious and imminent danger.

(3)An employer shall take no action, disciplinary or otherwise, against a worker who has removed
himself from a work situation which the worker had reasonable justification to believe presented an
imminent and serious danger to his life or health, or against a

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Workers’ representative who informs any worker of such work situation presenting an imminent and
serious danger to life or health

(4)An employer shall ensure that all workers are able, in the event of serious and imminent danger
to their own safety and, or that of other persons, and where the immediate superior responsible cannot
be contacted, to take the appropriate steps in the light of their knowledge and the technical means at
their disposal, to avoid the consequences of such danger. Their actions shall not place them at any
disadvantage, unless they acted carelessly or there was negligence on their part.

Provision of information
12. (1) it shall be the duty of an employer to provide workers and their representatives with
comprehensible and relevant information on:

(a) the risks to health and safety which are known to the employer or which have been
identified by any risk assessment carried out by, or for the employer, and which are known to be
present at the workplace in general, as well as in respect of each individual workstation, and
in respect of any job, task or work activity assigned to be done;

(b) The preventive and protective measures required with respect to all the risks identified;

(c) the procedures to be followed in the event of serious and imminent danger present at work,
including on the evacuation of workers, and on the arrangements made in respect of first aid, and fire-
fighting:

Provided that where appropriate, an employer shall put up information signs which shall be placed
at suitable location syndicating the procedures and arrangements made thereon, including the names of
the person or persons responsible, their location within the establishment and how they can best be
contacted in times of need.

(2)The employer shall take appropriate measures so that employers of workers from any outside
undertakings and, or establishments engaged in work in the undertaking and, or establishment of the
employer, receive adequate information on matters which could affect occupational health and safety,
and such information shall be provided to the workers in question.

(3)The employer shall take appropriate measures so that workers with specific functions in
protecting the safety and health of workers, or workers’ representatives with specific responsibility for
the safety and health of workers shall be allowed to carry out their functions, and in particular, shall have
access to:

(a) Any risk assessment and protective measures referred to previously; and

(b) All information with respect to occupational health and safety given to the employer by
outside agencies contracted by him on any matter regarding

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Occupational health and safety, as well as by an officer Consultation and participation of workers

13. (1) It shall be the duty of an employer to consult workers in his employ and, or the workers’ health
and safety representatives, in advance and in good time, for the purpose of making and maintaining
arrangements which will enable the employer and the workers to co-operate fully and effectively in
promoting and developing preventive and protective measures by which to ensure the health, safety and
welfare at work, and to ascertain the effectiveness of such measures.

(2)Without prejudice to the generality of the preceding sub regulation, workers shall choose
from amongst their number are preventative or representatives as the case may be, hereinafter referred
to as the workers’ representatives, to represent them in consultations pursuant to this regulation with
their employer: Provided that after due consultation between an employer and his workers the
number of workers is deemed to be insufficient so as to permit the appointment of a representative, the
employer shall consult, and allow the participation of all the workers on matters referred to in sub
regulation

(5).(3)Where in a place of work the workers fail for what so ever reason, to choose from amongst
their number a person to represent their interests on matters concerning occupational health and safety,
the employer shall appoint a person or a number of persons to act as the workers’ health and safety
representative, who shall also have the right to act on the workers behalf after due consultation.

(4)A workers’ representative shall not carry out, or be involved with, any work which can give
rise to a conflict of interest in the discharge of his functions pursuant to these regulations, and in
discharging such functions, the workers’ representative shall act with the sole objective of safeguarding
the workers’ health and safety.

(5)Workers and their representatives shall have the right to make representations with, and to make
proposals to their employer on any matter which may affect the health, safety and welfare at work,
including, but not limited to –

(A) Measures which may substantially affect health and safety;

(b) the designation of workers having specific functions for first aid, fire-fighting and the
evacuation of workers in case of serious and imminent danger, and on the method of selection of
workers’ representatives;

(c) Those risk assessments required to be carried out by an employer and their results, the
preventive and protective measures required to be taken;

(d) occupational accidents, injuries and cases of occupational ill-health occurring at the
employer’s place of work;(e) the enlistment, where and when appropriate, of those

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

Competent services or persons outside the undertaking and, or establishment, as referred to in
regulation 9(3);

(f)all information required to be given to workers by virtue of these regulations and of any other
regulations issued under the Act;

(g) the planning and organization of the training required to be given to workers by virtue of
these regulations and by other regulations issued under the Act.

(6)Workers’ representatives shall have the right to ask the employer to take appropriate measures and to
submit proposals to him to that end to mitigate hazards for workers and, or to remove sources of danger.

(7)Workers and the workers’ representatives may not be placed at a disadvantage because of any
activity taken pursuant to any matter relating to the protection of occupational health and safety.
(8)Employers shall allow workers’ representatives with specific responsibility for occupational
health and safety adequate time off work, without loss of pay, and provide them with the necessary
means to enable such representatives to exercise their rights and functions deriving from these
regulations.

(9)Workers and, or their representatives are entitled to make representations to the Authority if they
consider that the measures taken, and the means employed by the employer are inadequate for the
purposes of ensuring health and safety at work.

(10) Workers’ representatives must be given the opportunity to submit their observations during visits
by officers.

Training of workers and representatives

14. (1) the employer shall ensure that each worker receives adequate training on health and safety, in
particular in the form of information and instructions specific to the workstation and to the task
assigned:

(a) On recruitment;

(b) In the event of a transfer or a change of job or task;

(c) In the event of the introduction of new work equipment or a change in equipment;

(d) On the introduction of any new technology;

(e) On the introduction of new work practices.

(2)The training referred to in the preceding sub regulation shall be adapted to take account of new or
changed risks, and repeated periodically where necessary.

(3)An employer shall ensure that workers from outside undertakings and, or establishments
engaged in work in his under taking and, or establishment have in fact received appropriate instructions
regarding health and safety risks during their activities in his undertaking and, or establishment.

(4)Workers’ representatives shall be entitled to appropriate raining.

GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

(5) Training that is commissioned by an employer and given to workers or to workers’ representatives by
virtue of these regulations shall be at the expense of the said employer.

(6)The training given to workers and to the workers’ representatives must take place during
working hours.

Work’s obligations
15.(1) It shall be the duty of each worker to take care as far as possible of his own safety and health as
well as that of other persons who can be affected by his acts or commissions at work in accordance with
the training and the instructions given by the employer.

(2)Without prejudice to the generality of the foregoing, it shall be the duty of a worker to:

(a) Make correct use of machinery, apparatus, tools, dangerous substances, transport equipment
and other means of production;

(b) make correct use of the personal protective equipment supplied to him and, after use, return it
to its proper place;

(c) refrain from disconnecting, changing or removing arbitrarily safety devices fitted to
machinery , apparatus, tools, plant and buildings, and to use such safety devices correctly;

(d) immediately inform the employer and, or the workers with specific responsibility for the safety
and health of workers of any work situation he has reasonable grounds for considering that it
represents a serious and immediate danger to safety and health and of any short comings in the
protection arrangements;

(e) co-operate with the employer and with workers having a specific responsibility for the safety
and health of workers, for as long as may be necessary to enable to be carried out any tasks or
requirements imposed by the Authority to protect the safety and health of workers at work;

(f)co-operate with the employer and, or workers with specific responsibility for the safety and
health of workers, for as long as may be necessary to enable the employer to ensure that the working
environment and working conditions are safe and pose no risk to safety and health within their field of
activity.

Health surveillance

16.(1) A worker is entitled to undergo health surveillance at regular intervals, and for this purpose
an employer shall ensure that workers are provided with health surveillance appropriate to the health
and safety risks at work, and shall make all arrangements as are required.

(2)Without prejudice to the generality of the preceding sub regulation, health surveillance shall
be carried out whenever the risk assessment required to be performed by an employer reveal:

10[S.L.424.18GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES

(a) An identifiable disease or adverse health condition related to the work involved;

(b) The likelihood that the disease or condition may occur under the particular conditions of work.

(3)After a worker undergoes health surveillance as is required under this regulation, the employer shall
only be entitled to be given by the person carrying out the surveillance, such medical details as are
directly related to the work being carried out or to the conditions of work, provided that such
information is given under strict confidential cover.
Risk groups and vulnerable groups

17. It shall be the duty of an employer to take all measures and precautions so as protect particularly
sensitive risk or vulnerable groups against the dangers which specifically affect them.

Temporary workers

18. (1) An employer shall ensure that temporary workers are afforded the same level of occupational
health and safety protection as that of other workers in the user undertaking and, or establishment, and
for this purpose shall remain responsible, for the duration of the assignment, for the conditions
connected with safety, hygiene and health at work governing performance of the work:

Provided that the existence of an employment relationship which is particular or specific to a worker
by reason of his being a temporary worker, shall not justify different treatment with respect to working
conditions inasmuch as the protection of safety and health at work are involved, especially with regards
to access to personal protective equipment.

(2)An employer shall provide temporary workers with comprehensible information on –

(a) any special occupational qualifications or skills required to be held by that worker as to
allow him to work safely; and

(b) Any health surveillance required to be provided under these regulations or under any other
regulations issued under the Act;

(c) the specific features of the job to be filled by the temporary worker, including any additional
specific risks, insofar as these features are likely to affect occupational health and safety:

Labor Code of the Philippines

The Labor Code of the Philippines stands as the law governing employment practices and labor relations
in the Philippines. It was enacted on Labor day of 1974 by President Ferdinand Marcos, in the exercise of
his then extant legislative powers. It prescribes the rules for hiring and termination of private employees;
the conditions of work including maximum work hours and overtime; employee benefits such as holiday
pay, thirteenth month pay and retirement pay; and the guidelines in the organization and membership in
labor unions as well as in collective bargaining.

The Labor Code contains several provisions which are beneficial to labor. It prohibits termination from
employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284
of the Code. The right to trade union is expressly recognized, as is the right of a union to insist on a
closed shop.

Strikes are also authorized for as long as they comply with the strict requirements under the Code, and
workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine
jurisprudence has long applied a rule that any doubts in the interpretation of law, especially the Labor
Code, will be resolved in favor of labor and against management
The Philippines' Department of Labor and Employment (Filipino: Kagawaran ng Paggawa at
Empleyo, commonly abbreviated as DOLE) is the executive department of the Philippine
Government mandated to formulate policies, implement programs and services, and serve as
the policy-coordinating arm of the Executive Branch in the field of labor and employment. It is
tasked with the enforcement of the provisions of the Labor Code.

Employee Morale and Motivation

Morale can be defined as the total satisfaction derived by an individual from his job, his work-
group, his superior, the organization he works for and the environment. It generally relates to
the feeling of individual’s comfort, happiness and satisfaction.
According to Davis, “Morale is a mental condition of groups and individuals which determines
their attitude.
In short, morale is a fusion of employees’ attitudes, behaviors, manifestation of views and
opinions - all taken together in their work scenarios, exhibiting the employees’ feelings towards
work, working terms and relation with their employers. Morale includes employees’ attitudes
on and specific reaction to their job.

There are two states of morale:

High morale - High morale implies determination at work- an essential in achievement of
management objectives. High morale results in:

-A keen teamwork on part of the employees.

-Organizational Commitment and a sense of belongingness in the employees mind.
-Immediate conflict identification and resolution.
-Healthy and safe work environment.
-Effective communication in the organization.
-Increase in productivity.
-Greater motivation.

Low morale - Low morale has following features:

-Greater grievances and conflicts in organization.
-High rate of employee absenteeism and turnover.
-Dissatisfaction with the superiors and employers.
-Poor working conditions.
-Employees frustration.
-Decrease in productivity.

Lack of motivation

Though motivation and morale are closely related concepts, they are different in following ways:

While motivation is an internal-psychological drive of an individual which urges him to

behave in a specific manner, morale is more of a group scenario.
Higher motivation often leads to higher morale of employees, but high morale does not
essentially result in greatly motivated employees as to have a positive attitude towards all
factors of work situation may not essentially force the employees to work more efficiently.

While motivation is an individual concept, morale is a group concept. Thus, motivation takes
into consideration the individual differences among the employees, and morale of the
employees can be increased by taking those factors into consideration which influence group
scenario or total work settings.

Motivation acquires primary concern in every organization, while morale is a secondary

phenomenon because high motivation essentially leads to higher productivity while high morale
may not necessarily lead to higher productivity.
Things tied to morale are usually things that are just part of the work environment, and
things tied to motivation are tied to the performance of the individual.

Republic of the Philippines

Bicol State College of Applied Sciences and Technology
Peǹfrancia Avenue,Naga City

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 Labor
Management
Relation
1.Basic Labor Law
- Employer-Employee Relationships
- State Policy on Labor
- General Labor Standards
- Provisions Regarding health & Safety in the
Workplace
- Philippine Labor Code & DOLE
2.Employee Morale & Motivation

Submitted by:
ABIGAIL G. PACHECO
BPE-4A

Submitted to:

BILLY JOHN MAE ICARO

INSTRUCTOR