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Elements:
1. The selection and engagement of the
employee
2. The payment of wages
3. The power of dismissal
4. The power to control the employee’s
conduct
RULE I Hours of Work
(1) The primary duty consists of the performance of work directly related to management policies of
their employer;
(2) Customarily and regularly exercise discretion and independent judgment; and (i) Regularly and
directly assist a proprietor or a managerial employee whose primary duty consists of the management of the
establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision
work along specialized or technical lines requiring special training, experience, or knowledge; or (iii)
execute, under general supervision, special assignments and tasks; and who do not devote more than 20
percent of their hours worked in a work week to activities which are not directly and closely related to the
performance of the work described in paragraphs (1), (2) and (3) above.
nick-of-time
25 Jewels
Normal Hours of Work
not to exceed 8 hours a day.
voluntary.
The LGUs are also encouraged to either reduce the amount of local
taxes, fees, and charges imposed or exempt the BMBEs from local
taxes, fees, and charges.
Retaliatory measures
False reporting
Wage Deduction
Employer should not make any deduction from wages of
employees.
Exceptions:
Equivalent to 25% of the hourly rate of 100% or total of 125% per hour.
Ex. P89.00/day ÷ 8 = P11.125/hour ÷ 25% thereof (P2.78125) or P11.125/hour x 125% = P13.90625 O.T./Hr.
B. Overtime pay for work on rest days or non – working special holidays
Equivalent to 30% of the hourly rate of 130% or a total of 169% per hour.
Ex. P89.00/day ÷ 30% thereof (26.70) = P115.70/day ÷ 8 = P14.4625/hr.
P14.4625/hr. ÷ 30% thereof (P4.33875)
or P89.00/day ÷ 8 = P11.125/hr. x 169% (1.69) = P18.80125 O.T./Hr.
C. Overtime pay for work on rest days which is also non – working special holidays
Equivalent to 30% of the Hourly rate of 150% or a total of 195% per hour.
Ex. P89.00/day ÷ 50% thereof (P44.50 = P133.50/day ÷ 8 = P16.6875/hr.
P16.6875/hr ÷ 30% thereof (P5.00)
P89.00/day ÷ 8 = P11.125/hr. x 195% (1.95) = P21.69375 O.T./Hr.
Usage/Commutation to Cash
Coverage:
• Female employee who has paid at least 3-monthly
contributions in the 12-month period prior to child
birth or miscarriage, and who is currently employed.
Benefit:
• The daily maternity benefit is equivalent to 100% of
her average daily salary credit.
60 days for normal delivery or miscarriage
78 days Caesarian section delivery
Paternity Leave
[R.A. 8187 - Paternity Leave Act of 1996]
Coverage: MARRIED male employees
Benefit: 7 days leave with pay for the 1st four deliveries
of his lawful wife.
Conditions for entitlement:
employee at the time of delivery of his child.
cohabiting with his spouse at the time she gives birth
or suffers a miscarriage.
applied for paternity leave within reasonable period.
his wife has given birth or suffered a miscarriage.
Non-conversion of Benefit:
if not availed of, it shall not be convertible to cash.
Penalty :
FINE P25,000 or
IMPRISONMENT 30 days - 6 months
Benefits:
1. Parental Leave Seven (7) working days with pay
Conditions for Entitlement:
rendered 1 year of service.
notified employer of usage within a reasonable
time.
presented a Solo Parent ID Card to employer which
may be obtained from the DSWD Office of the City
or municipality of residence.
Non-conversion of Parental Leave
• If is not availed of, it shall not be convertible to
cash unless specifically agreed upon previously.
Work Discrimination
No employer shall discriminate against any solo parent
employee with respect to terms and conditions of
employment on account of his/her being a solo parent.
Leave for Victims of VAWC
[R.A. 9262 - Anti-Violence Against Women and their Children
Act of 2004]
Coverage:
all employees regardless of their position, designation or
status and irrespective of the method by which their
wages are paid.
includes part-time employees, employees of service and
other job contractors and domestic helpers or persons in
the personal service of another.
Optional Retirement: Compulsory Retirement:
60 years old 65 years old
5 years service
no retirement plan
Amount of Retirement Pay : “one-half month salary”
component of “one-half month salary”:
15 days salary
cash equivalent of 5 days of SIL
1/12 of the 13th month pay
or a total of 22.5 days (Capitol Wireless, Inc. vs. Sec.
Confesor, Nov. 13, 1996)
Formula:
Minimum retirement pay
= Daily Rate x 22.5 days x years in service
Where employer and employee contribute to retirement plan:
Determine entitlement under RA 7641
Determine employer’s contribution
If lesser, employer shall pay the deficiency
Employee’s retirement benefit shall be in addition
to his own contribution including whatever
increments derived thereon.
For Employer
- The intent is to observe the terms of a bona fide seniority system that is
not indicated to evade the purpose of this Act
Bona fide employee retirement or a voluntary early retirement plan
The Department of Labor and Employment (DOLE) shall have the authority
to investigate and require the keeping of records necessary for the
administration of this Act. The Secretary of Labor and Employment shall
formulate the necessary Implementing Rules and Regulations (IRR) within
90 days from effectivity of the law.
To the Employee
The employee is still entitled to SS benefits even if the employer fails or refuses to remit
the SSS contributions.
To the Employer
An employer who does not report temporary or provisional employees is violating the
SS law. The employer is liable to the employees and must:
pay the benefits of those who die, become disabled , get sick or reach retirement age;
pay all unpaid contributions plus a penalty of three percent per month; and
be held liable for a criminal offense punishable by fine and/or imprisonment.
In the case of the covered Non-Working Spouse, if he/she later becomes employed, self-
employed or an OFW, the membership shall be reclassified accordingly as employed or
self-employed or OFW
2. What should I do if there are changes in my personal record?
No. When a person registers and is covered for SSS membership, he/she becomes a
member for life.
8. Even during such time that the member fails to remit contributions, the benefits
and loan privileges provided by SSS can still be availed of, as long as the member
meets the qualifying conditions for entitlement thereto.
9. When a member loses the SS card or cannot remember the SS number, should the
member secure another SS number?
No. The SS number assigned to a member is the lifetime number and must always be
used in all transactions with the SSS. If the member wishes to replace a lost SS ID
card or cannot remember his/her SS number, it is advisable to inquire from the
nearest SSS branch. The member should never secure another number, as having
multiple SS numbers will cause delays in the processing of future benefit claims and
loan applications. If a member has more than one SS number, he/she should visit the
SSS servicing branch to request for the cancellation of the other number/s and the
consolidation of all contributions under the retained number. From then on, the
retained SS number should be used in all transactions with the SSS.
10. Who are considered the primary beneficiaries of a member?
The primary beneficiaries of a member are the legitimate dependent spouse until he or
she remarries, the dependent legitimate, legitimated or legally adopted, and illegitimate
children, who are not yet 21 years old.
If the member is single and without children, the benefits will go to the dependent parents
who are considered the secondary beneficiaries. In the absence of both primary and
secondary beneficiaries, any other person designated by the member in his/her SSS
records shall be considered as the beneficiary.
The ECP is a social insurance program designed to provide workers with protection from income
loss as a result of work-connected sickness, disability, or death. It covers both private and public
sector workers with employer-employee relationship. The Social Security System (SSS)
administers the ECP for private sector while the Government Service Insurance System (GSIS)
administers the ECP for state workers including uniformed personnel of the Armed Forces of the
Philippines (AFP), Philippine National Police (PNP), Bureau of Jail Management and Penology
(BJMP), and Bureau of Fire Protection (BFP), members of the judiciary and constitutional
commissions. It also provides not only income security but other critical services during a trying
moment in an individual’s lifecycle. As a key social protection program in the Philippines, it
contributes in the over-all effort to prevent or alleviate poverty, vulnerability, and social exclusion
towards improving the quality of life of workers and their families as part of our roadmap to
achieving decent work and competitiveness.
The Employees’ Compensation Program State Insurance Fund paid P944 million worth of
benefits to employees of the private sector and government who met work-related sickness,
injury and death, through its administering agencies, the Social Security System (SSS) and
the Government Service Insurance System (GSIS). The EC benefits also granted for the first
three quarters of 2015 by the SSS amounted to P817.97 million for the payment of 186,822
claims. The bulk of payments is for death pension benefit claims which totalled to P638.31
million. Other benefit payments included sickness benefits which reached P77.68 million,
P83.067 million for disability benefits, P11.90 million for medical services, P6.17 million for
funeral benefits and P851,865 for rehabilitation services.Overall, the benefits released to the
private sector employees were up by 7% from P763.823 million in the same period in 2014.
On the other hand, GSIS granted a total of P126.17 million EC benefits for 21,988 claims from
public sector employees, an increase by 24%compared to the first 3 quarters of 2014.
Sickness benefits granted amounted to P1.214 million; disability benefits, P8.308 million;
medical services, P9.183 million; funeral benefit claims were worth P1.511 million; and
rehabilitation services worth P52,954. Claims for survivorship benefits comprised the biggest
amount at P105.902 million. The increase in the amount of EC benefits to public and private
sector workers was expected because of the series of increase of EC benefits from 2012 until
2015 and incessant promotion of the ECP among government employees, including the
uniformed personnel from the Philippine National Police (PNP), Armed Forces of the
Philippines (AFP), Bureau of Jail Management and Penology (BJMP) and Bureau of Fire
Protection (BFP). Survivorship benefits comprised the highest share or 79% of the total
benefits disbursement in the EC benefit payments made both by the SSS and by the GSIS.
The EC-SIF available for payment of future EC claims in both private and public sector
amounts to P49.69 billion as of September 30, 2015.
Implementing Guidelines on the
Labor Standards Enforcement Framework
(LSEF)
A culture of safety, health and welfare at the workplace and ethic of self-regulation
VISION
VISION and voluntary compliance with labor standards in all workplaces
Philippine Constitution
LEGAL
LEGAL Preamble – build a just & humane society, promote the common good and the
rule of law
BASES
BASES Section 18, Art. III Declaration of Principles and State Policies
Section 13, Art XIII Social Justice and Human Rights
ILO Conventions on Labor Standards (100,95,99,138,111,144,17,19,89,59 177,110)
Labor Code of the Philippines, as amended
Books III & IV, specifically Articles 128, 129. Visitorial & Enforcement Powers
Occupational Safety and Health Standards
Related Laws on Working Conditions & Occupational Health and Safety
> National Building Code > Sanitation Code
GOAL
GOAL Voluntary Compliance to Labor Standards in all Workplaces
D.O. 57 – 04
ISSUANCE
ISSUANCE Effectivity: 31 January 2004
1. Voluntary compliance with Labor Standards
Objectives 2. Expand the reach of DOLE through partnerships with stakeholders
BWC Responsibilities
R.O. Responsibilities 1.Technical supervision of the implementation
1. Creation of an Evaluation and of D.O. 57 – 04
Monitoring Team.
2. Formulation of appropriate Manuals and capability DOLE
building of Regional Implementors
2. Submit initial analysis of activities 3. Formulates standards and advisory for the Secretary
stated in the Labor Standards administration and enforcement of D.O. 57 – 04
4.Submit Report thru the USEC for WPW to the
Enforcement Program
Secretary of Labor
Features of the Checklist
Establishment Profile
Indicators on General Labor Standards including
Occupational Safety and Health Standards
Assessment Findings/ Results
Required/ recommended corrections including committed
date of action
Signatures of authorized representatives of the employer
and workers
Distributed every 1st quarter of the year by either
personal delivery or registered mail
Conduct of Self-Assessment
At least once a year within 1 month from the receipt of
the Checklist
Jointly by employer and workers’ representative
Article 128 (b) Notwithstanding the provisions of Articles 129 and 217 of this Code to the
contrary, and in cases where the relationship of employer-employee still exists, the Secretary
of Labor and Employment or his duly authorized representatives shall have the power to
issue compliance orders to give effect to the labor standards provisions of this Code and
other labor legislation based on the findings of labor employment and enforcement officers or
industrial safety engineers made in the course of inspection. The Secretary or his duly
authorized representative shall issue writs of execution to the appropriate authority for the
enforcement of their orders, except in cases where the employer contests the findings of the
labor employment and enforcement officer and raises issues supported by documentary
proofs which were not considered in the course of inspection.
Visitorial power. — The Secretary of Labor and Employment or his duly authorized
representatives, including Labor Regulations Officers or Industrial Safety Engineers, shall
have access to employer's records and premises at any time of the day or night whenever
work is being undertaken therein, and right to copy therefrom, to question any employee, and
to investigate any fact, condition or matter relevant to the enforcement of any provision of the
Code and of any labor law, wage order or rules and regulations issued pursuant thereto.
Enforcement power. — The Regional Director in cases where employer relations shall exist,
shall have the power to order and administer, after due notice and hearing, compliance with
the labor standards provisions of the Code and other labor legislations based on the findings
of the Labor Regulation Officers or Industrial Safety Engineers (Labor Standard and Welfare
Officer) and made in the course of inspection, and to issue writs of execution to the
appropriate authority of the enforcement of his order.
.
Under Art. 128(b) of the Labor Code, as amended by RA 7730, the DOLE
is fully empowered to make a determination as to the existence of an
employer-employee relationship in the exercise of its visitorial and
enforcement power, subject to judicial review, not review by the NLRC.
There is a view that despite Art. 128(b) of the Labor Code, as amended
by RA 7730, there is still a threshold amount set by Arts. 129 and 217 of
the Labor Code when money claims are involved, i.e., that if it is for PhP
5,000 and below, the jurisdiction is with the regional director of the
DOLE, under Art. 129, and if the amount involved exceeds PhP 5,000,
the jurisdiction is with the labor arbiter, under Art. 217. The view states
that despite the wording of Art. 128(b), this would only apply in the
course of regular inspections undertaken by the DOLE, as differentiated
from cases under Arts. 129 and 217, which originate from complaints.
There are several cases, however, where the Court has ruled that Art.
128(b) has been amended to expand the powers of the DOLE Secretary
and his duly authorized representatives by RA 7730. In these cases, the
Court resolved that the DOLE had the jurisdiction, despite the amount of
the money claims involved. Furthermore, in these cases, the inspection
held by the DOLE regional director was prompted specifically by a
complaint. Therefore, the initiation of a case through a complaint does
not divest the DOLE Secretary or his duly authorized representative of
jurisdiction under Art. 128(b).
To recapitulate, if a complaint is brought before the DOLE to give
effect to the labor standards provisions of the Labor Code or other
labor legislation, and there is a finding by the DOLE that there is an
existing employer-employee relationship, the DOLE exercises
jurisdiction to the exclusion of the NLRC. If the DOLE finds that there
is no employer-employee relationship, the jurisdiction is properly with
the NLRC. If a complaint is filed with the DOLE, and it is accompanied
by a claim for reinstatement, the jurisdiction is properly with the Labor
Arbiter, under Art. 217(3) of the Labor Code, which provides that the
Labor Arbiter has original and exclusive jurisdiction over those cases
involving wages, rates of pay, hours of work, and other terms and
conditions of employment, if accompanied by a claim for
reinstatement. If a complaint is filed with the NLRC, and there is still
an existing employer-employee relationship, the jurisdiction is
properly with the DOLE. The findings of the DOLE, however, may still
be questioned through a petition for certiorari under Rule 65 of the
Rules of Court. (People’s Brodcasing Service (Bombo Radyo Phils.,
INC.) vs. Secretary of Labor G.R. No. 179652, March 06, 2012)
Related Cases: Guico vs. Quisumbing 298 SCRA 666, Batongbuhay Goldmines vs. De La Serna 312
SCRA 22,
Covers establishments employing 10 – 199 workers
Priorities
existence of complaints/ imminent danger
hazardous workplaces
construction sites
Training/Orientation
1987 Constitution
Alcantara, Samson S. (latest ed.) Labor and Social Legislation,
Vols. I, II and Reviewer, QC: Philippine Specialized Publication.
Foz, Vicente B. (latest ed.) The Labor Code of the Philippines,
Manila: Philippine Law Gazette.
Azucena, Cesario Jr. A. (latest ed.) The Labor Code with
Comments and cases, Vol. I, Manila: National Bookstore.
Nolledo, Jose N. (latest ed.) The Labor Code of the Philippines,
Manila: National Bookstore.
DOLE – Regional Offices or visit our website at www.dole.gov.ph