Partner, ACCRA Law Offices Professor, USC School of Law & Governance 1. Guidelines in the Conduct of Special Assessment or Visit of Establishment (SAVE) (DOLE D.0. No. 131-A-14 dated July 30, 2014)
2. Time and Interval of Payment of Wages in
Subcontracting/Contracting Arrangement under DOLE DO 18-A, S. 2001 (Labor Advisory No. 01, S. 2014 dated March 26, 2014) 3. Non-Interference in the disposal of wages & allowable deductions (Labor Advisory No. 11, S. 2014 dated September 3, 2014)
4. Guidelines governing Exemption of
Establishments from setting up workplace Lactation Stations (DOLE D.O. No. 143, S. 2015, dated May 20, 2015) A) Establishment Profile (number and location of branches)
B) Organizational Structure and total number of
employees (Managerial; Supervisory; Rank & File Employees, classified according to status: regular/permanent; seasonal; temporary; project-based; fixed term; casual; probationary; apprentice; learners; trainees, and OJTS) C) Recruitment/Hiring, and firing processes and practices
D) Compliance with Labor Laws, General Labor
Standards & Occupational Safety & Health Standards
E) Contractors/Subcontractors, total number of
employees mobilized or assigned with principal/s, term of employment vis-a-vis term of service agreement, and compliance with DOLE D0 18-A A) Payroll Cut-Off Date – Not exceed 15 days from 1st day of work
B) Payroll Processing Time – Not more than 10
days from Cut-Off date C) Time of Payment of Wages – On the day following the lapse of the 10 days payroll processing time, in proportion to the work rendered or completed
D) Interval of Time of Payment – At least twice a
month at intervals not exceeding 16 days A) Rule: Non-Interference in Disposal of Wages
B) Exception to Rule on Non-Wage Deductions
C) Deductions or Cash Deposits for Loss or
Damage – allowed in private security agency D) Amount of Cash Deposit – Maximum amount shall not exceed employee’s one month basic salary. Maximum amount which may be deducted from the wages shall not exceed 20% of the employee’s wages in a week.
E) Refund of Cash deposit – Full amount of cash
deposit shall be returned to the employee within 10 days from his separation from service. F) Limitation – No other wage deductions or cash deposit/bond shall be required without express authorization from the Sec/DOLE through an advisory or guidelines.
G) Unauthorized deductions: (i) company
uniforms; (ii) cash deposit for loss or damage; (iii) personal protective equipment; (iv) capital share/capital build-up in service cooperatives; (v) training fees, and (vi) other deductions not included or authorized H) Prospective Application of Advisory– Non- Impairment of Contracts
*Unauthorized Deductions must be refunded to
employees within 30 days from issuance of Advisory or as may be agreed upon by employer and the employees thru the SeNa.
**Failure to refund shall render the deduction
illegal A) Exemptible Establishments
(i) no nursing or lactating employee
(ii) no pregnant employee
at the time of application, and provided further
that no female clients visit/transact with the establishment. B) Where to File – nearest field office of the DOLE having jurisdiction over the establishment
resolve the motion to reduce bond and determine the final amount of bond that shall be posted by the appellant, still in accordance with the standards of meritorious grounds and reasonable amount; and (e) In the event that the NLRC denies the motion to reduce bond, or requires a bond that exceeds the amount of the provisional bond, the appellant shall be given a fresh period of ten (10) days from notice of the NLRC order within which to perfect the appeal by posting the required appeal bond (2015 Manila Mining Corp., citing 2013 Mcburnie En Banc) Art. 284 applies also to non-contagious diseases e.g. stroke, heart attack, osteoarthritis, eye cataract The twin notice requirement applies in termination due to disease since an employee should be afforded procedural due process in all cases of dismissal (2014 Deoferio citing 2003 Sy & 2005 Manly Express) Effective July 1, 2013, the monetary award shall earn interest at 6% per annum in view of the issuance of BSP-MB Cir, No. 799, S. 2013 amending Sec. 2, Cir. 905, S. 1982 (2014 Phil Spring Water Resources Inc. citing 2013 Nacar)
*Applies to final judgments after July 1, 2013
The proscription against “disgraceful or immoral conduct” , which is made as a cause for dismissal by a Catholic school must necessarily refer to public and secular morality. To constitute “disgraceful or immoral”, it must be “‘detrimental (or dangerous) to those conditions upon which depend the existence and progress of human society’ and not because the conduct is proscribed by the beliefs of one religion or the other (2015 Leus) Thank You! And Have a Nice Day!