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Public entertainment or information

refers to artistic, literary, and cultural performances for television show, radio program, cinema or film, theater, commercial advertisement, public relations activities or campaigns, print materials, internet, and other media.

What is the status of women working in nightclubs, massage clinics, and similar establishments?

Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.
They are considered regular employees of said establishments except when the night club operator does not control nor direct the details and manner of their work in the entertainment of night club patrons and, having no fixed hours of work, they may come and go as they please.

What are service charges?


The rule on service charges applies only to establishments collecting service charges, such as hotels, restaurants, lodging houses, night clubs, cocktail lounges, massage clinics, bars, casinos and gambling houses, and similar enterprises, including those entities operating primarily as private subsidiaries of the government. It applies to all employees of covered employers, regardless of their positions, designations or employment status, and irrespective of the method by which their wages are paid.

How is service charge distributed?


Service charges are distributed in accordance with the following percentage of sharing: a. eighty-five percent (85%) for the employees to be distributed equally among them; and b. fifteen percent (15%) for the management to answer for losses and breakages and distribution to managerial employees. The P2,000.00 salary ceiling for entitlement thereto is no longer applicable. The shares shall be distributed to employees not less often than once every 2 weeks or twice a month at intervals not exceeding 16 days.

Service charge is not profit share and may thus not be deducted from wage.
In the 2005 case of Mayon Hotel & Restaurant vs. Adana, [G. R. No. 157634, May 16, 2005], the employer alleged that the five (5) percent of the gross income of the establishment being given to the respondent-employees can be considered as part of their wages. The Supreme Court was not persuaded. It quoted with approval the Labor Arbiter on this matter, to wit:

While complainants, who were employed in the hotel, receive[d] various amounts as profit share, the same cannot be considered as part of their wages in determining their claims for violation of labor standard benefits. Although called profit share[,] such is in the nature of share from service charges charged by the hotel. This is more explained by [respondents] when they testified that what they received are not fixed amounts and the same are paid not on a monthly basis (pp. 55, 93, 94, 103, 104; vol. II, rollo). Also, [petitioners] failed to submit evidence that the amounts received by [respondents] as profit share are to be considered part of their wages and had been agreed by them prior to their employment. Further, how can the amounts receive[d] by [respondents] be considered as profit share when the same [are] based on the gross receipt of the hotel[?] No profit can as yet be determined out of the gross receipt of an enterprise. Profits are realized after expenses are deducted from the gross income.

1. Attributes of wage:
a. it is the remuneration or earnings, however designated, for work done or to be done or for services rendered or to be rendered; b. it is capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same; chanrobles virtual law library c. it is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered; and d. it includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. Fair and reasonable value shall not include any profit to the employer, or to any person affiliated with the employer.

2. Wage, salary and pay; distinction they are synonymous in meaning and usage.
3. Commission - may or may not be treated as part of wage depending on the circumstances. chanrobles virtual law library

4. Actual work is the basis of claim for wages ("No work, no pay").

What is the place of payment of wages?


1. As a general rule, the place of payment shall be at or near the place of undertaking. 2. Exceptions: 3. Payment of wages in bars, massage clinics or nightclubs is prohibited except in the case of employees thereof.

What is nightwork prohibition?


Regardless of age, no woman shall be employed or permitted or suffered to work, with or without compensation: (a) In any industrial undertaking or branch thereof between 10:00 oclock at night and 6 oclock in the morning of the following day; or (b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and 6 oclock in the morning of the following day; or (c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine consecutive hours.

1. X Works As A Hostess In A Nightclub, She Is Paid A Percentage Of The Ladys Drink Ordered By Customers. There Are Nights When She Does Not Earn Anything Because There Are No Customers. Is X An EE Of The Nightclub?

Yes. Any Woman Who Is Permitted Or Suffered To Work, With Or Without Compensation, In Any Nightclub, Cocktail Lounge, Massage Clinic, Bar, Or Similar Establishment, Under The Effective Control Or Supervision Of The ER For A Substantial Period Of Time As Determined By The Secretary Of Labor Shall Be Considered An EE Of Such Establishment For Purposes Of Labor And Social Legislation. (Art. 138)

1. In Ls Contract Of Employment With Club E, It Was Stipulated That Her Employment As A Dancer Would Cease Once She Gets Pregnant. When L Got Pregnant, L Was No Longer Allowed To Dance And Since There Were No Other Work Available For Which Her Talents Were Suitable, Her Employment Was Terminated. Is The Action Legal?
Yes. It Is Both Awkward And Dangerous For Her To Dance During Her Pregnancy. Of Course The ER Has The Obligation To Give Her Another Job, But As Stated In The Problem There Is No Other Work For Which Her Talents Are Suited. It Is Not Fair To Require The ER To Continue Employing Her

NAME: MAXENE AGE: 18

PROFILE

RECRUITMENT

Voluntarily applied as an entertainer of the club. The manager or the owner of the club conducted interview .

Requirements: 1. Must have pleasing personality (maganda) 2. Working permit this consist of medical certificate and police clearance. 3. Age requirement should be 18 yr. old above
ADDITIONAL REQUIREMENT: 1. Knows how to dance 2. Drinks hard Liquor (the stronger your stamina the better) 3. Civil status is not important.
Training : The dancer will not have training . They will practice in their own discretion.

Every Wednesday they are required to have their weekly checkup at their own expenses . If the employee is positive with HIV they will give her medicine but if she/he is positive with HIV three times she/he will be terminated.

the jewelry, clothing etc. are at the expenses of the employee.

EMPLOYER EMPLOYEE RELATIONSHIP

Maxene and the owner of the club did not have any written contract . No rules and regulation are followed. If there is no income in one club Maxene can transfer to anther even without prior notice. If the owner f the bar can remove you anytime she/he likes.

BENEFITS
No SSS No bonuses Day-off will depend on the employer but with a minimum of 1 week for 1 month. N security of tenure. No night differential. there is no holiday.

Working time: 8 pm to 4 am

Work description and rate for every performance: Dancer oSexy dance- P150 oTopless dance-P300 oAll the way-P400 3 sets f dance for every night. entertaining while drinking with the customer. touching depends on the customer.

WAGES
The basis of their salary is daily basis and it is not fix because they are considered as commission based. ladies drink Private room (2 person) VIP 290/bottle 1500 100 commission 400

No sex in VIP No going outside policy but it is already depends on the woman.

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