Professional Documents
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ATTY. UNGOS
unused leave credits from which such been remitted for her by her
extended leave may be charged. employer to the SSS , or without
Maternity leave be paid by employer the latter having been previously
only for the FIRST FOUR DELIVERIES by notified by the employer of time of
a woman employee after effectively of pregnancy, the employer shall pay
this code to the SSS damages equivalent to
the benefits which said employee
MATERNITY LEAVE BENEFIT NOW INTERGRATED member would otherwise have
INTO THE SSS been entitled to
Female member who has PAID AT
PATERNITY LEAVE
LEAST 3 MONTHLY CONTRIBUTIONS in
RA 8187, married male employees now
12 month period immediately
entitled to paternity leave of 7 DAYS for
preceding the semester of his
the first 4 deliveries of the LEGITIMATE
childbirth, abortion, or miscarriage shall
SPOUSE with whom he is COHABITING.
be paid a daily maternity benefit
CONDTIONS:
equivalent to 100% of her average daily
a. Married male employee employed
salary credit for 60 days or 78 days in
at time of delivery of his child
case of caesarean delivery, to following
b. Employee should notify his
conditions:
employer about pregnancy of his
a. Employee shall have notified her
wife and her expected date of
employer of her pregnancy and
delivery as soon he learns that his
probable date of her childbirth
wife is pregnant by submitting a
which notice shall be transmitted to
Paternity Notification Form
SSS
provided by employer with a copy
b. Full payment shall be advanced by
of marriage contract / proof of
the employer within 30 days from
marriage
filing of the maternity leave
application
Notification requirement will not apply
c. Payment of daily maternity benefits
in cases of MISCARRIAGE or ABORTION
shall be a bar to recovery of
sickness benefits provided by this
c. Wife has given birth, suffer a
Act for the same period for which
miscarriage or an abortion
daily maternity benefits have been
received
Employee who availed paternity leave
d. Maternity benefits provided under
shall within reasonable time submit
this section be paid only for the 1st
copy of the birth certificate of the
four deliveries or miscarriages
newly-born child, death or medical
e. SSS shall immediately reimburse
certificate in case of abortion or
the employer of 100% of the
miscarriage signed by physician or
amount of maternity benefits
midwife showing actual date of child
advanced to the employee by the
birth.
employer upon receipt of
Paternity leave not convertible to cash
satisfactory proof of such payment
Can be availed of before, during or after
and legality thereof
the delivery by his wife but not later
f. If an employee member should give
than 60 days after date of delivery
birth or suffer miscarriage without
the required contributions having
PARENTAL LEAVE FOR SOLO PARENTS
LABOR STANDARDS FINALS
ATTY. UNGOS
EQUALITY OF EMPLOYMENT OPPORTUNITIES women workers by our labor laws and the
FOR WOMEN Constitution. The danger of just such a policy
Provide equal employment against marriage followed up by PT&T is that it
opportunities for all and ensure strikes at the very essence, ideals and purpose
fundamental equality before the law of of marriage as an inviolable social institution
women and men. and, ultimately, of the family as the foundation
Law makes it criminal offense to of the nation.
discriminate any woman employee
ART. 137: PROHIBITED ACTS
ART.136: STIPULATION AGAINST MARRIAGE a. Dismissing a female employee for the
Shall be unlawful for an employer to purpose of preventing her from
require as a condition of employment enjoying the maternity leave benefit
or continuation of employment that a and other benefits or facilities provide
woman employee shall not get married under LC
or to stipulate that upon getting b. Dismissing female employee on account
married, a woman employee shall be of her pregnancy, or while on leave or
deemed resigned or separated or in confinement due to her pregnancy
otherwise prejudice a woman employee c. Refusing admission of a female
merely by reason of her marriage. employee upon returning to her work
for fear the she may again be pregnant
PROHIBITED ACTS UNDER ARTICLE 136 OF THE
LABOR CODE ART. 138: CLASSIFICATION OF CERTAIN WOMEN
a. Requiring as a condition of employment WORKERS
that female shall not get married Any woman who is permitted or
b. Requiring a female employee to resign suffered to work, w/ or w/o
upon getting married compensation, in any night club,
c. Dismissing or discriminating against a cocktail lounge, massage clinic, bar or
female employee because of her similar establishment, shall be
marriage considered as an employee of such
Violation of this provision is a criminal establishment for purposes of labor and
offense social legislation.
EMPLOYMENT OF CHILDREN BELOW 15 YEARS hours/day but not more than 40 hours /
OLD week.
Children below 15 years old can be employed NIGHT WORK PROHIBITION FOR CHILDREN
only in 2 instances:
1. When child works directly under sole 1. Children below 15 years old – cannot
responsibility of his parents or legal work from 8:00PM – 6:00 AM
guardian and only members of his 2. Children 15 years old but below 18
family are employed therein provided: years old – cannot work from 10:00PM
a. Employment of child neither to 6:00AM
endangers his life, safety,
health and morals, nor impairs PROHIBITON AGAINST WORST FORMS OF CHILD
his normal development LABOR
b. His parent or legal guardian Worst forms of child labor shall refer to any of
provides said child with the following:
prescribed primary and/or
secondary education (1) All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery such as sale
2. When child’s employment or and trafficking of children, debt bondage and serfdom and forced
participation in public and or compulsory labor, including recruitment of children for use in
entertainment or information through armed conflict; or
cinema, theatre, radio or television is 2) The use, procuring, offering or exposing of a child for
essential, provided that: prostitution, for the production of pornography or for
pornographic performances; or
a. Employment contract is
concluded by the child’s parent (3) The use, procuring or offering of a child for illegal or illicit
or guardian with the express activities, including the production and trafficking of dangerous
drugs and volatile substances prohibited under existing laws; or
agreement of the child
b. Ff. requirements in all instances (4) Work which, by its nature or the circumstances in which it is
are strictly complied with: carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
i. Employer shall ensure
protection, safety, a) Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
morals and normal
development of child b) Exposes the child to physical, emotional or sexual
ii. Employer shall institute abuse, or is found to be highly stressful psychologically
or may prejudice morals; or
measures to prevent
the child’s exploitation c) Is performed underground, underwater or at
or discrimination dangerous heights; or
INDUSTRIAL HOMEWORK – System of The standard output rates or piece rates shall
production under which work for an employer be determined through any of the following
or contractor is carried out by a homeworker at procedures:
his home. Materials may or may not be a. Time and motion studies
furnished by the employer or contractor. There b. An individual / collective agreement
is ordinarily very little supervision or regulation between the employer and its workers
for methods of work. as approved by the Secretary or his
authorized representative
LIMITATION c. Consultation with representative of
Homework is not allowed in the manufacture or employers and workers organizations in
processing of: a tripartite conference called by the
a. Explosives, fireworks and similar articles secretary
b. Drugs and poisons Time and motion studies shall be
c. Other articles, the processing of which undertaken by the Regional Office
requires exposure to toxic substances. having jurisdiction over the location of
the premise/s used
RIGHT OF HOMEWORKERS TO SELF- The standard piece rate shall be issued
ORGANIZATION by the Regional Office within one
Homeworkers have right to form, assist month after a request has been made
or join organization of their own at said office.
choosing in accordance with law. Has
right to bargain collectively, to own DEDUCTION
property, to sue and be sued. No employer, contractor, sub-
contractor shall make any deduction for
PAYMENT OF HOMEWORKERS the value of materials which have been
Upon receipt of the finished goods or lost, destroyed, soiled or otherwise
articles, employer shall pay the damaged unless the ff. are met:
homeworker or the contractor or sub- a. Homeworker is clearly shown to be
contractor, for the work performed less responsible for loss or damage;
corresponding homeworkers’ share of b. Employee is given reasonable
SSS, Medicare, and ECC premium opportunity to show cause why
contribution which shall be remitted by deductions should not be made;
the contractor/ sub-contractor to the c. Amount of such deduction is fair
SSS with the employer’s share. and reasonable and shall not
exceed the actual loss or damage;
CONDITIONS FOR PAYMENT OF WORK d. Deduction is made at such rate not
a. Employer may require homeworker to exceed 20% of the homeworker’s
redo work improperly executed without earning in a week.
having to pay stipulated rate again.
b. Employer, contractor, sub-contractor ENFORCEMENT POWER
need not pay the home worker for any Regional Director shall have the power
work done which have been returned to order and administer compliance
for reasons attributable to the fault of with the provisions of the law
the homeworker. Complaints for violation of labor
standards involving money claims of
STANDARD RATES – Established by Sec. of Labor homeworkers in amount NOT MORE
or authorized representatives THAN P5,000 per homeworkers shall be
heard and decided by Regional Director
LABOR STANDARDS FINALS
ATTY. UNGOS
Cases money claims due a homeworker the extent of the work performed
exceed P5,000 the same shall be under the contract
endorsed to the appropriate Regional The employer, contractor, sub-
Arbitration Branch of NLRC. contractor shall also assist the
homeworkers in the maintenance of
ART.155: DISTRIBUTION OF HOMEWORK basic and healthful working conditions
For purposes of this Chapter, the "employer" of at the homeworker’s place of work.
homeworkers includes any person, natural or
artificial who, for his account or benefit, or on BOOK FOUR
behalf of any person residing outside the HEALTH, SAFETY AND SOCIAL WELFARE
country, directly or indirectly, or through an BENEFITS
employee, agent contractor, sub-contractor or
any other person: TITLE 1
1. Delivers, or causes to be delivered, any MEDICAL, DENTAL AND OCCUPATIONAL
goods, articles or materials to be SAFETY
processed or fabricated in or about a
home and thereafter to be returned or CHAPTER 1
to be disposed of or distributed in MEDICAL AND DENTAL SERVICES
accordance with his directions; or
ART.156: FIRST AID TREATMENT
2. Sells any goods, articles or materials to Every employer shall keep in his
be processed or fabricated in or about a establishment such first aid medicines
home and then rebuys them after such and equipment as the nature and
processing or fabrication, either by conditions of work may require
himself or through some other person. Employer shall take steps for the
training of a sufficient number of
Agents of Foreign Principals – Considered employees in first-aid treatment.
employers under this article
FIRST-AID TREATMENT – Adequate, immediate
CONTRACTOR OR SUB-CONTRACTOR – Any and necessary medical and dental attention or
person who, for the account or benefit of an remedy given in case of injury or sudden illness
employer, delivers or causes to be delivered to suffered by a worker during employment,
a homeworker goods or articles to be processed irrespective of WON such injury or illness is
in or about his home and thereafter to be work-connected, before more extensive
returned, disposed of or distributed in medical and/or dental treatment can be
accordance with the direction of the employer secured.
**Does not include treatment or follow-up
Whenever employer contracts with treatment for any injury or illness.
another for the performance of the
employer’s work, the employer is duty SCOPE OF LAW
bound to provide in the contract that Obligation to keep first aid medicines
the employees or homeworkers of applies to all employers, regardless of
contractors shall be paid in accordance the number of employees they employ
with law. If the contractor or sub- List of medicines may be obtained from
contractor fails to pay wages or Bureau of Working Conditions of the
earnings of his employees the employer DOLE
shall be jointly and severally liable to
LABOR STANDARDS FINALS
ATTY. UNGOS
directs the safety programs and assumes overall REPORT OF ACCIDENTS OR OCCUPATIONAL
responsibility for safety in the establishment. ILLNESS
He in turn delegates the application of safety Shall be reported by the employer
programs to plant personnel occupying line to the Regional Labor Office or duly
positions. authorized representative in
duplicate and a copy furnished the
STAFF TYPE - this is also known as the “safety employee or his duly authorized
engineer type”. It is composed of a line representative using form
organization with specialized personnel MOL/BLS/HSD-IP-6.
employed to advise and assist management in Investigation report shall be
all matters of safety. Said personnel are submitted to the employer on or
responsible to the top executive exercising staff before 20th day of the month ff. the
functions. They serve all departments in an date of occurrence of the accident/
advisory capacity and supervise the application illness is established.
of the safety program in the workplace. Formal report be submitted to the
Regional Labor Office or authorized
The employer may establish the line or staff representative on or before the 30th
type of organization subject to the approval of day of the same month.
the Secretary of Labor and Employment In case of temporary total disability
where the injured or ill employee
TERM OF OFFICE has not reported back to duty on
The chairman, physician or nurse and the closing date of reporting, an
the secretary shall be permanent estimate of the probable days of
members of the Safety Committee. disability shall be made and entered
The term of office of the department in the report and corrected after
head in the Safety committee shall be the return of the injured.
for 1 year. Where the accident or illness
Types A and B safety Committees, term results in death or permanent total
of the worker members shall be 2 years disability, the employer, in addition
each. to the required written report, shall
Types C, D and E safety committees, the initially notify the Regional Labor
term of worker-members shall be 1 Office or duly authorized
year representative within 24 hours after
Type E, the term of office of the occurrence using fastest means of
chairman and the members shall be 1 communication.
year. Membership in the joint All deaths and permanent total
committee shall be rotated among disabilities shall be investigated by
members of the safety committees in the Regional Labor Office within 48
other establishments. HOURS after receipt of the initial
report.
THE SAFETY MAN – Principal function is to
acts as the employer’s principal assistant THE FOLLOWING ARE CONSIDERED AS
and consultant in the application of the DANGEROUS OCCURRENCES:
programs to remove the hazards from the
workplace and to correct unsafe work a. Explosion of boilers used for heating or power.
practices. b. Explosion of a receiver or storage container,
with pressure greater than atmospheric,
of any gas or gases (including air) or any liquid
resulting from the compression of
LABOR STANDARDS FINALS
ATTY. UNGOS
such gases or liquid. jurisdiction thereof to form part of a
c. Bursting of a revolving wheel, grinder stone or data-bank of all covered
grinding wheel operated by
mechanical power. establishments.
d. Collapse of a crane, derrick, winch, hoist or Establishment which is the smallest
other appliances used in raising or economic activity under one single
lowering persons or goods or any part thereof, location shall be one registrable unit
the overturning of a crane, except
the breakage of chain or rope sling.
New establishments should register
e. Explosion or fire causing damage to the within 30 days before operation
structure of any room or place in which Free of charge and valid for the lifetime
persons are employed or to any machine of the establishment except when any
contained therein resulting in the complete of the following conditions exists, which
suspension of ordinary work in such room or
place, or stoppage of machinery or case, re-registration, as if it were a new
plant for not less than twenty four (24) hours, establishment, is required:
and a. Change of business name
f. Electrical short circuit or failure of electrical b. Change in location
machinery, plant or apparatus, attended
c. Change in ownership
by explosion or fire causing structural damage
thereto and involving its stoppage and misuse d. Reopening after previous
for not less than 24 hours. closing
TYPES OF INSPECTION