Transcript for:
Overview of Labor Standards and Relations

and does not constitute a lawyer and client relationship between the speaker and the audience this presentation includes citations and online sources law and jurisprudence used by the speaker in accordance with intellectual property laws so just a disclaimer so our lecture outline for today so i will be discussing uh the difference first of labor standards and labor relations then pertinent or important principles in liber law updates on statutory benefits for 2021 and uh also some updates on critical issues on labor standards during the school vid19 pandemic okay so i know uh some of you already might know these concepts just to remember [Music] okay so again labor standards refer to philippine laws that provide the minimum requirement so it provides a floor not a ceiling regarding the work conditions work hours wages benefits to be enjoyed by the worker and implemented by the management so these standards provides a floor meaning a minimum requirement but it does not provide a maximum requirement so employers and the employees are free to bargain for higher benefits but the law mandates if mandates a floor or a minimum the goal of labor relations is to strike the proper balance between the protection of workers one second okay say thank you so the goal of labor relations is to strike a balance between the protection of workers rights meaning that the rights of workers as mandated by law and the management exercise of their prerogative so a management prerogative so the main goal of labor relations is to foster or promote industrial peace so industrial peace will allow the companies and the workers to be more productive for the company to earn more profits and for the workers to develop and earn their living though so that is uh labor standards versus labor relations okay so let's proceed so the the main protection of labor or the main basis for our for uh the protection of labor or our employees will be the constitution so section three of our constitution provides that the state shall afford full protection to libor both local and overseas though so the these included includes our overseas filipino workers so our ofw so hello it shall guarantee the rights of all workers to self-organization collective bargaining and negotiations and peaceful concerted activities so even the right to strike is guaranteed however it should be in accordance with lodge and be peaceful and it will it will undergo some uh procedural requirements before the workers can declare a strike and the constitution also entitles us workers to security of tenure meaning you cannot be arbitrarily fired by your managers by your employer so unlike in what we see in american movies so when we watch american movies so the the manager will talk to the employee and the manager will say uh you're fired here in the philippines no that that is not allowed because our laborers employees are protected under our constitution okay so continuing now so the state shall promote the principle of shared responsibility between workers and employers so the goal of industrial peace is a shared responsibility of both the workers and the employers not just by the employers and the state shall also regulate the relations between workers and employers recognizing the rights of employers okay the rights of employers to reasonable return of investment and also the right of laborers to the just fruits of production so there is a balance also the the [Music] law and even the constitution they recognize the rights of both the employers and the employees so the employees they recognize the right of labor to just share of the fruits of production on the other hand the employers or the management the company they also have the right to grow okay to recover their return on investment and to expand their companies to expand your business okay so this provided under section 3 article 8 of our constitution and even on our labor code so we have presidential decree 442 also known as the labor code okay so under article 3 it declares that the state shall afford protection to liber okay even on the uh construction or how do we interpret the laws and even the uh irr okay in case there are doubts in the implementation and interpretation of the law including the rules and regulations it shall be resolved in favor of labor so uh it is also referred to an equipose rule no equipotential meaning if um there is uh doubt in um construing or interpreting the law okay if there is doubt only in case of doubt no the scales will be tilted in favor of the labor in favor of the employee okay so that is um basic no in how to interpret the law liber lost okay so just uh a quick rundown or summary of what are the benefits statutory benefits that are given to workers we have first minimum wage overtime pay holiday pay premium night shift differential 13th month pay a service leave okay magna carta for women paternity leave for the fathers the legal fathers solo parent leaves solar parent act violence against women and children then you have your retirement pay okay your separation pay you know just in case you are let's see how you were terminated from your work okay so most of the lecture will come from also this um handbook handbook for handbook of workers statutory monetary benefits also would come from pd442 the labor code okay so if you would like to download uh the handbook you can download it from vwc.dollar.com so what are the things to consider to determine if the statutory benefits we are discussing are applicable first we should determine if there is an employer employee relationship between the parties if there is none then that the benefits won't be applicable so first there should be an employer employee relationship we'll discuss that further also we should determine the number of workers employed okay do we have uh does the company have one to five workers one to nine workers ten or more workers and last would be the nature of the company okay the nature of the company you know so is the company engage in agricultural um in agriculture retail or service okay the different nature of the company so how do we determine of the first question if there is a an employee employer relationship or employer employee relationship so we now go to the case of ratan incorporated versus coming so decided uh during march 12 2014 so according to the case to a certain the existence of an employer employee relationship to know if the worker is indeed an employee of the company okay we have what we call the four-fold test okay the four-fold test first selection and engagement the power to hire the payment of wages okay the the payment of pages so where the where does the payment come from no does it come from the employer third the power to fire or the power of this missile no the power to fire and last which is the most important is the control test okay who controls the conduct of the employee okay is it the company okay so if uh all of these are present then there is an employer employee relationship okay but of uh out of the four the fourth or the control test is the most important okay so that is how we determine employer employee relationship okay so uh taking uh this from the man handbook a worker a handbook a while ago no so you can see you see here the summary of the different um statutory benefits and uh the different number of employees and the nature of the establishment now if the the benefit is applicable or not so you can go to the manual for that for the summary so first would be minimum wage so what is a minimum wage minimum wage pertain pertains to the lowest amount of wage that an employer should pay an employee you know the basic the minimum so again in uh the law we pro the law provides a minimum the floor not the maximum not ac link because again uh the the employer and the employee can negotiate for the higher pay no how much would be the pay no if it but it should be higher than the minimum wage so this is the current minimum wage no uh so unfortunately the last no the last uh petition to increase the minimum wage was dismissed by the original terry partite wage and productivity board of ncr so if you would like to petition for increase of wages you go to the original tripartite and productivity board okay so that is where you petition so it was this me so our minimum wage remains the same okay so for companies there are some companies who are exempt from paying minimum wage so these are the following companies that are accepted so this distressed establishment so meaning those who are currently in the red no if you look at their income statements they are uh incurring a net loss in their income new business enterprise specifically if you are a bmbe or barangay micro enterprise no so you're also partner you are also exempted retail and service establishments employing not more than 10 workers so if uh you are employed in this kind of a company and there are not more than 10 10 workers then you are not to be given a minimum wage of the the company is exempted and establishment adversely affected by natural calamities okay so the board may also accept establishments other than those enumerated above only if they are in accordance with the rationale for the exemption okay so so these are the companies who are exempted from from paying minimum wages okay so one basic uh principle in labor law would be the no work no pay policy okay so it means that okay so the court according to this uh jurisprudence no so here we have hail braun company versus national labour union so in just a story you know so here there was a strike and because of the strike some workers did not receive their daily wages no because they were on strike then after the strike the employees were asking for back wage yesterday meaning they they were asking the company to pay them the wages that they were unable to receive due to the strike but however according to the supreme court no let's read the decision as to demand for a payment of wages that the strikers lost on the occasion of their strike on november 22 1948 the court understands that a strike is a voluntary and deliberate station of work on the part of the workers upon this consideration and based on the equitable tenet of affair this affair days wage for a fair days days labor this demand falls of its own weight and must be as it is hereby night so it is what's the night you know so the principle of no work no pay policy okay it means that a fair there's a fair fair day's wage for a fair day's labor so if you give a service or if you worked for that day then you deserve to be paid enough for that day okay so no work no pay policy okay so that this in the case of hill brawn company versus national labor union okay so they cited that case now in san miguel brewery also versus national union but what if it was due to a lap out no so we also have a distinction so for strikes no the wages that were lost is not to be paid okay but on for this case versus minerva and pacheco so decided in januar january 25 2012 if there is no work performed by the employee there can be no wage or pay unless so there are exceptions of course the laborer the employee was able he was able willing and ready to work but was illegally locked out dismissed or suspended so the no work no principle contemplates a no work situation where the employee voluntarily absents themselves so if the um the the non rendering of service or work was involuntary okay it meaning it was not due to the fault of the employee then there can be a no wage or a no pay policy okay so so that is a difference though so no work no pay policy okay so we now go to our first um benefit now provided under law so we have overtime work so under article 87 okay so work may be performed beyond eight hours okay it may be performed not may meaning it is uh not mandated no so eight hours a day and an overtime work should be paid additional compensation equivalent to 25 of the wage the regular wage of the worker okay so that is the how we compete for overtime work so work beyond perform beyond eight hours on a holiday or rest day so if it's if it was uh performed no overtime work performed during a holiday or a rest day okay it will be at least 30 percent no of the regular wage of the employee it's a week so again so as hr practitioners know as some part of the payroll if you're under compensation and benefits no that department so you need to the terminal if it's overtime work okay on a regular day or overtime work rendered during a rest day or a holiday holiday you know because the percentage would be different so with regard to overtime work overtime is not presumed no it is not presumed now so we have here another story you know another case now so the case is told nielsen marine services versus nlrc so this uh actually is a story about a sea figure no a sea man so here the employee was uh asking for overtime pay because according to him being in a ship you know inside a ship he was not allowed to go home and he was forced to stay inside the ship you know so that is that is the background of the case no however the supreme court said they simply stated the rendition of overtime work and the submission of sufficient proof that the said work was actually performed or conditions to be satisfied before a seaman could be entitled to overtime pay which would be computed on a base of 30 percent of the basic monthly salary so it should again be proven so not just because you're inside the ship you know and you're not allowed to leave the ship of course for obvious reasons so that it would entitle you to overtime work okay for the seaman to be qualified to to ask for overtime work okay the proof of service should be prevent okay meaning he should be able to prove that he will actually rendered over time work during those times okay so that is for that that the case now okay so uh some um other statutory benefits provided by law so we have compensation of rest day okay sunday or holiday work so where an employee is made to permitted to work on his schedule rest day so this is uh considered a premium pay in holiday payment so rest day he shall pay an additional compensation of at least 30 percent of his regular wage okay so so aside from the payment during his rest day he shall receive an additional 30 percent okay for pay for working during his rest day okay so now an employee shall also be entitled to additional compensation for work performed on sunday only when it has his established rest day okay so if sunday is the rest day of the employee he is also entitled not to 30 premium pay or okay so continuation so work performed on any special holiday shall be paid additional 30 so that would be for a special holiday but if such holiday work falls on the employee's scheduled rest day meaning so the work was rendered on a salad on a holiday a special holiday and the rest day of the employee for example the the special holiday was on a sunday and the sunday was also the rest day of the employee okay it shall be entitled to an additional compensation of at least 50 percent of his regular wage okay so the if the work rendered okay it fell on a special holiday and the rest day of the employee okay so what about night shift differential so if you're going to work in a bpo and your shift is during the evening so you are entitled to display so according to article 86 every employee shall be paid a night shift differential of not less than 10 percent of his regular wage for each hour of work performed between so this is a threshold 10 o'clock pm 10 pm to 6 o'clock am okay so that's the threshold so if you work uh between 10 a.m to 6 00 6 a.m okay you will be entitled to the hdf differential okay so again these are a minimum no so if the company is more generous then the company can provide a higher pay okay premium pay or natural differential pay okay so right to holiday pay so this pertains to the regular holiday so these are holidays established by law okay so every worker shall be paid this regular daily wage during regular holidays except in retail establishments regularly employing less than 10 workers okay so that's that is the exception okay so regular holidays meaning these are determined by law okay so the employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate so meaning if it is a regular holiday and the employee did not work because it is a holiday is entitled to 100 of his wage okay but if the employee was required to work during that regular holiday then he will be paid a compensation equivalent to twice or 200 percent his regular rate okay so what are the um regular regular holidays mandated by law now so we have here new year's day okay during the holy week monday thursday and good friday april 9 okay the first of may labor day the 12th of june a june 12th independence day so before it was july 4th no the philippine american friendship day but now it's no longer a holiday okay november the 30th of november the 25th and 30th of december the result day okay so and the day of course designated by law for holding a general election so this will be next year now when hopefully we have our presidential elections in 2022 okay so if again if you have questions so you may type it in the chat box now for the q a later okay so what is salary differential we now go to salary differential so in case the minimum wage rate okay okay or um any you know any difference between the minimum wage rate and the actual wage paid to employee if there's a difference okay you can call it salary differential so this should be paid by the employ the employer to the employee the salary differential the the discrepancy or the variance between the actual wage paid and the minimum wage rate provided by law okay so according to the case of minnesota for his new city builders so in claims for payment of salary differential service incentive leave the holiday pay 13 month pay the burden of payment will rest on the employer okay so that is for salary differential service incentive leave which we'll be discussing later in the 13th month pay so the holiday pay so the burden of proof will be on the okay but with regard to overtime pay premium pay for holidays and rest days the burden is shifted on the employee as these are monetary claims that are not incurred in the normal course of business so it's the employee who will prove that he actually worked overtime he worked during his rest day or a holiday okay to be qualified to claim this uh premium pay no overtime pay these kinds of wages okay so because it is not based on the normal course of business of the employer or the company but for again for the normal kinds of uh pay no the salary differential meaning if their the minimum wage was not paid service incentive leave okay the holiday pay the 13th month pay so the burden of proof is now with the employer okay so what is the 13th month payno some of uh you know this as a as the christmas bonus okay so it's actually not anymore considered a bonus because because it is already mandated by law okay basically if it uh talk about a bonus so it is something that is not mandated by law but due to the uh generosity okay of the employer they give a bonus to motivate their employees okay so the the 13th month law is based on pd residential decree 851 during because before the president no uh during a time of president marcos he also had uh legislative powers no not not not right not like today wherein the power to enact laws is vested in congress meaning uh the house of representatives and the senate okay before uh during that time the president also had the power to enact loss not by the uh decreeing presidential decree so under pd851 okay payment of 13th month pays all employers covered by the presidential decree okay as referred to shall pay all their employees receiving a basic salary of not more than one thousand a month at 13th month pay not later than november 24 of every year okay so it was called a christmas bonus why because uh the the main reason or rationale for this bonus or this pay predicament pay is to help filipinos and because of our economic situation then the president would like to give additional [Music] funding for philippines to celebrate christmas for us no filipinos especially uh being a christian catholic country you know for four hundred years already you know we what we what we uh celebrate christmas like to celebrate christmas okay they mandated the employee employers to pay the 13th month pay not later than december 24 no christmas eve for us to be able to celebrate so what do we what what do we mean by 13 month pay so it means that it should be 1 over 12 of the basic salary of an employee within a calendar a year so you compute the annual uh salary of the employee one calendar year then you multiply it by one then divide it by 12 to compete for your 13th month paid okay so it should be paid again not later than december 24. some companies they divided now to help their employees during the tuition fee season okay during june because june is uh actually the official start of classes in the philippines so some of the employers they give the option okay they ask their employees if they would like to avail of the 50 of their 13th month so they divided into to it to help the ahead for uh to help know the academic expenses of their employees okay so what if the benefits have already ripened into management practice for example uh there is this one a company they actually gave um bonuses already know aside from the dint monte they were giving 14th month or 14-month bonuses to their employees no then suddenly they they tried to remove it almost what would happen according to the supreme court decision the company can no longer withdraw it if it already if that practice already has been ripened into a management practice okay so it is under the principle that no benefit and supplement being enjoyed by the employees cannot be reduced diminished discontinued or eliminated be by the employer okay so under the principle of non-diminution of benefits so it can no longer be reduced diminished discontinued or eliminated by the employer another case like this was the case of rcbc union a bank card union sorry i i think it's bank card union uh because uh in in uh their company in the supreme court decision the management when it was taken over by a new owner they wanted to reduce the lunch break okay because the lunch break being enjoyed by the employees was actually one hour and 30 minutes that was the lunch break so there was a new management who acquired the company you know the bank cardone company then they were trying to reduce it to one hour to be probably they would like to make it uniform no uh across all of their different uh business units no they're they're different group of companies in one hour however according to the supreme court it can no longer be discontinued though it is already ripened as a management practice so it is already okay a a benefit that cannot be discontinued or diminished non-diminishing of benefits okay so let's continue so we have here the service leave maternity leave and magna carta for women so what is the service incentive leave so this is also under article 95 of the labor code so according to the article every employee who has rendered at least one year of service so every employee regardless if you are a contractual a seasonal no regular regardless of employment but every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay okay so five days so but if the company already has a benefit now for example sick leave and vacation leave then that will already suffice so it will take the place of the service incentive leave now but if there's there are no leaves no being given by the company cadenda service incentive leave will apply okay so right now there are already moves in senate i think there was a bill filed by a senator villanueva to increase the service incentive leave to make it 10 days no because according to him um some employees who are not regular employees and five days a year is too small for them to be able to to live no have a recently uh decent life no because five days a year can it's not enough now for them to attend to um when they are when they get sick so that's according to senator villanueva okay so we also have the special leave benefit for we men know so this are for all women so we call it the magna carta for women not just for married no it also pertains to single women but uh with regard to the move for the soggy bill no i'm not sure how well it will affect this lono if they allow transgenders or the trans women to be considered as legally as women but of course that's a that is a separate uh discussion so will will dwell on the magna carta for women okay so a woman employee having rendered continuous or aggregate employment continuous aggregate employment okay service of at least six months for the last 12 months shall be entitled to a special leave benefit of two months willful with full pay based on her gross monthly compensation following surgery caused by gynecological disorder okay so for example uh if a woman gets operated because of myoma you know so even if she is not married she'll be entitled to this special leave benefit so is for uh the magna carta for women okay so we have here the solar parents welfare act okay so solar parents know so solid parents are entitled to flexible work schedule so the employer shall provide a flexible working schedule before solo parents and the solid parent shall also have a parental leave so in addition to the leave privileges under existing laws so these are additional uh leaves no provided to the pair to the single parent so the parental leave of not more than seven working days every year shall be granted to any solo parent employee who has rendered a service of at least one year okay so there's the solo parents leave now so if you're a solo parent so being a solo parent to allow you to attend to the needs of your child not to uh for example you need to attend graduation the parent parents and teachers association meetings and being the sole parent okay uh you you you need to attend it so you are given this kind of leaves so that is the reason behind it so again parental leave no soul apparently seven working days so every year so we now go to the father so i think two weeks ago we celebrated father's day now so we have ra 8187 or the paternity leave no so these are leaves provided to our fathers so not withstanding any law rules regulations to the contrary so every married male employee so the the male employee should be married so he gets married so that's the first requirement the male employee first male and he should be married in both the private shall be entitled to a paternity leave of seven days with full pay for the first four deliveries of the legitimate spouse with whom he is cohabiting so for the but for the father so should you first you should be merida then it is only what for the first fool for a first four deliveries no and it should come from your legitimate spouse so it should not come from other sources no and you must be cohabiting with your legitimate spouse okay so that is these are the requisites what if um the father is not legally married no to the mother so what would happen uh what would happen we'll discuss that later later in the expanded maternity act now that will be addressed later so after this law was enacted probably there were questions also know what would happen for fathers who are not legally married to the mother okay that will be addressed later okay so we now go to the vaushi law okay the anti-violence against women and children act of 2004 so who are entitled to leave though so victims under this act shall be entitled to take a paid leave of absence up to 10 days no so then they leave no of absence paid okay in addition so this is additional leave now to other paid leaves under the labor code and civil service rules so additional leave and regulations extendable when the necessity arises as specific in the protection order so the court can actually declare a protection order which will extend the entitled leave no to more than 10 days okay so why probably if the woman was uh the the injuries offered would require it no okay so any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the labor code and civil service civil service rules though so so okay so the victims okay the victims of the violence against women and children are given this special leave so don't forget the vows so we now go to the expanded maternity leave now so r a one one two one zero okay so uh it is the coverage or it is effective for all female employees who gave birth starting march 11 2019 so that is the cut off so what is the expanded leave now so 105 days paid leave for live birth okay so the seven days are transferable to the father so so regardless if you are a legitimate or illegitimate legitimate transfer the seven days no leave not to the fathers so for example uh i am the legitimate father so i have already seven days paternity leave then i can what request that the seven days leave from my wife be transferred to me that can be um done under the law but of course the decision maker for that would be the wife or the mother why because it is her benefit he the wife can choose no she can choose to transfer it to the father or not to transfer it to the father okay so that is the seven days leave transferable to others so additional 15 days for solar parents under ra 8 a8972 if you are a solo parent okay then you have the option the the mother okay has the option to avail of the 30 days additional leave without pay okay so you can avail that now okay okay so that is for live birth no so if the baby was born and it was declared alive by the doctors but for miscarriages emergency emergency termination of pregnancy for example you need to abort no the the fetus because uh due to the danger in the life of the mother no so it will be 60 days okay so 60 days okay so this is the maternity expanded maternity okay so we now go to separation uh separation from cerveza after the employee has separated from service of course he also still has some benefits no he is entitled to some benefits from the employer so one we have the retirement pay okay so article 287 under the labor code your retirement any employee may be retired upon reaching the retirement age established not collective bargaining agreement or other applicable employment contract for some companies their mandatory retirement is 60 for for others it would be 65 no for some professions which are uh those who are working in mining companies like the miners they have an earlier retirement now um at most 55 no you retire at the age of 55. okay so 60 years or more but not beyond 65. so you are what you are qualified to receive okay retirement pay so it will depend on the collective bargaining agreement or the employment contract okay but if there is none okay the employee shall be entitled to retirement pay equivalent to at least one half month or one fifty percent okay of your monthly salary for every year of service so a fraction of at least six months being considered as one whole year for example i worked in the company for 20 years and 10 months or 20 years and seven months so that will be considered 21 years so multiply it by uh so if i'm receiving a salary of 50 000 a month okay so that will be 50 of 50 000 will be 25 000 times multiplied by 21 years of service then that will be my retirement pay okay so that would be the minimum okay if there is no retirement plan or agreement in the cba or in the contract but if there is an agreement which is higher then that will prevail though some companies especially right now because because of the pandemic uh they are offering early retirement to their employees no and to encourage their employees to avail of the early retirement or the voluntary retirement okay they make it bigger no uh there is one company who gave 200 percent no to their employees meaning if they worked for 10 years and they are earning 50 000 okay so for every year of service they will be paying you one hundred thousand so that would be one million so to encourage the employee to avail of the voluntary retirement pay okay so because of the pandemic okay so what would happen if the company suddenly closes and becomes bankrupt now so a lot of companies right now especially those in the hospitality and tourism okay uh airline companies hotels restaurants they are what closing their companies their businesses that establishment so what are the rights of the employee okay so the employer will also terminate under article 283 of the labor code okay so the employer may also terminate the employment of any employee due to installation of labor saving devices redundancy retrenchment to prevent losses or the closing or cessation of operation of the establishment okay so first they should need to serve a notice to the department of labor and employment at least one month before the intended data off okay so if the worker uh was um terminated from work due to installation of labor saving devices or redundancy the workers shall be entitled to a separation pay equivalent to at least one month of a salary okay for every year of service okay in case of retrenchment to prevent losses or in case of closures or cessation of operation uh for example the restaurant had to close the for example one restaurant had to close uh their branch no to prevent or to they had to reduce their manpower because of the reduction of customers or sales though they can retrench their employee but the employee is what still entitled to receive no to one month pay okay to give it to one month pay or at least one half month pay for for every year of service whichever is higher so one month pay if he he his uh service to the company is less than one year okay but if it is more than one year for example three years then it should be one half month for every year of service so it means that the employee okay should be should be able to collect no from the company you know especially right now uh because of this pandemic now i actually i have a lot of clients who are asking help from me employees know who are asking help from me okay because they were just dismissed outrightly by their by their employee employer no without any separation pay okay but under the law if the closure okay was not due to serious business losses the employer should pay separation pay okay so what are now serious business law uh serious business losses no to to accept no employers from paying separation pay okay so we now go to the case of gjt rebuilders machine shop versus ricardo ambos decided in january 28 2015. okay so the only time employers are not compelled to pay separation pay is when they close their establishments or undertaking due to serial serious business losses or financial reversals so meaning the losses should be serious and not just be minimal or diminish me so serious business losses are substantial losses okay meaning that the business must have operated at a loss for a period of time okay for the employer to have perceived objective objectively and in good faith that the business financial standing is unlikely to improve in the future okay so it means that the company can no longer recover so uh continuing so the burden of proof okay that the serious that serious business laws were incurred by the employer is employer okay the employer must show losses on the base of one financial statements covering a sufficient period of time okay so it should not just be for one year especially for this uh pandemic now we're only one year no one year and a half no so it must not just be for this pandemic but it should also be for what it should be serious and it should be for a specif sufficient period of time okay in the case of north davao mining corporation versus nlrc north davao mining presented evidence financial statements meaning audited financial statements that you submit to the securities and exchange commission and to the bir that the continuing pattern of losses was from 1998 and 1988 until its closed short in 1992 so the company suffered net losses averaging 3 billion a year when an aggregate loss of 20 billion by the time of its closure this court the supreme court found that north davao suffered serious business losses no end they were not compelled to pay separation pay okay so if you would ask me no personally as a lawyer what would i do no for example i have clients no who were not given separation pay how will i prove that the employer is liable to pay then i would ask them to present their financial statements okay specifically their income statement to get to look at their income their net income for the past uh three to five years their cash flow statement okay showing their um ending cash balance for the year meaning how much cash do they have and in their balance sheet i will look at the retained earnings of the company okay the in their uh in their equity portion so that would help me as a lawyer prove that the company is not really suffering serious business losses you know so okay so some lever advi libor advice riso released by doleno especially during this time of pandemic now so according to dole instead of outright retrenchment or termination of service of their employees so so the companies are encouraged to do the following practices no so they can do telecommuting work from home arrangements you know they can do also job sharing and also for sleep now what do you mean by forced leave so for example the company provides a leave benefits off for vacation leave okay some companies they provide 10 days vacation leave to their employees so the company can mandate employees to lea to use their vacation leave now so that that can be done because some companies if you don't use the vacation leave you can convert it into cash so according to the dollar department of labor unemployment you can the company can use forced leaves no also they can also rotate workers on job sharing to help the company survive during this pandemic okay so another um labor advisory so these are a series of 20 20 you know basically it's still new okay so suspension of employment relationship meaning putting workers in in floating status before prior to the pandemic workers are only allowed to be placed on floating status and for example the security security guards they are allowed to be placed on floating status without pay for six months no okay suspension of relationship but for uh because of this pandemic the the department order number two and five series of 2020 extends this to another six months no so it will be extended now so so that is the gist no the the submariners for the extension of suspension of employment shall not affect the right of employees to separation pay the first six months of suspension of employment shall be included in the combination of the employment employee separation payment so after the extension if the employee cannot still be reinstated then he shall be entitled to separation pay okay so this is for department order 215 series of 20 2020 okay so again i think this is a very hot topic now so last year or rather uh last march uh there was a labor advisory on last march 2020 uh so series of 20 20 21 so last march 12 2021 the department of labor and employment okay advised employers that uh that no work no vaccination policy is not allowed no so holding here no um the no vaccine no work policy shall not be allowed no so this was uh released by dole so meaning if you are an employee you are a laborer you cannot be forced by your employer to get vaccinated especially for covid19 okay and if you would be vaccinated right it should be charged against the employer okay so you cannot be forced to get the vaccine go with 19 vaccine according to the dollar labor advice reno march this was just last march no barely three months ago march 12 no okay so you cannot be forced to be vaccinated and if you would like to be vaccinated the payment for the vaccine the vaccines should be shouldered by the employer okay so this for the hovid19 vaccina i won't comment on the declaration of the president i'll just leave it to the the senate the supreme court not to decide okay but according to the department of labor advisory labor advisory advisory number three series of 2021 which is a written and written document the no vaccine no vaccine no work policy shall not be allowed okay so in case uh the employee gets terminated no so we have here the final pay and issuance of certificate of employment okay so the final pay of the employee should be paid 30 days from the date of separation okay so it should not be more than 30 days it should it can be earlier than 30 days after the separation but it should not be longer than 30 days and if the employee will ask for a certificate of employment okay should be issued by the hrd of the company okay three days from the time of request no so it should not be greater than three days no okay so if i suggest no if you start working in a company and you transfer to another employee employer hey that's my suggestion always keep your certificate of employment for all of the companies where you work now why because you need it as your proof of employment no especially if you go to the academy or if you would like to go abroad your proof of employment will be your certificate of employment even if you put it in your in your resume the work experience but you don't have a certificate of employment to prove it then it will not be honored no by the company you should be able to issue a certificate present a certificate of employment so that is a very important okay so again uh the final page should be 30 days no after the termination of employment so meaning if my last day would be today and work no june 30th for example i resigned from my my current job today june 30 okay after 30 days or before before july 30 i should be able to get my last pay okay what about the clearances no the the clearances needed no in the company okay the clear the clearances that you need uh to get in from the company should be made okay before your last day no that that should be the that is the most prudent practice no for both the company and for both the employee why because if you are the employer you don't want a former employee entering your company after his last day for security reasons no so you don't want a former employee entering your company no loitering inside your company okay after his last day and on the same day you know if you are an employee employee you would like to what settle off all of your accountabilities in your company okay before your last day so that you can move on to your next employer after that you no longer need to uh fix your clearances no okay so that is the most prudent way which is both beneficial for both the employer and the employee and also it will adhere or follow the labor advisory given by dole that the payment of the final pay the release of the finance pay should be 30 days from the date of separation or termination if you would ask me if i were the manager the hrd manager i would require the employee to complete all of the clearances turn over all of his accountabilities on his last day okay even the everything the id the his password his laptops you turn it over to the company on your last day okay so our last uh mandatory benefits we have social security system but ebig and field health okay so this we are now uh going to end the lecture you know so the social security act is actually for the private sector for the public sector you have your gsis uh i think the military the fp they have also their own okay so we have here uh the main goal also of the social security app is to develop promote and perfect a sound viable tax exempt social security system suitable to the needs of people throughout the philippines so it means that um for you to be secure for you to have a source of income after you retire you need to make the contributions now while you are working and the social security system would be the fund manager to collect the payments and to invest your payments to make it grow so that when you get old okay you will have a source of your pension okay so this is one of the government mandated deductions from the salaries of their employee or the salaries of the employee no sss go so same uh you know same with the contribution of the employee the employer also has his contribution to the social security system fund so we have both the employee contribution and the employer contribution so depending on your contribution okay it will also determine your benefits or the pension that you will have in the future okay so we now go to pd 1752 or the home development mutual law fund okay which is actually uh promoting socialized housing so it uh state policy it is the policy of the republic of the philippines to motivate the employed and other earning groups to better plan and provide for their housing needs now by membership in an integrated nationwide savings system so the main goal of uh this page now your contribution is for you to be able to buy your own house now as we all know if there is an american dream we also have our own filipino dream we filipinos are very simple we are contented with two things no one to put our children to give them the best education to put them to college to allow them to graduate in college okay and second is to have our dream house no our own home okay a house that would we can call our own so that these are the two basic or very simple dreams of a filipino okay so that is our filipino dream so to help us achieve that dream that goal so we have the home development mutual fund law or what we all know as padilla okay so i saw this uh joke no in the internet no there was this worker an employee worker a laborer with a code he was working and he was there there was a quote now in filipinos and so last benefit will be the field health no or the national health insurance act not the field health so here we have uh the goal of the government is to provide uh universal health care or socialized healthcare so they would like to provide health care to all filipinos so your contribution to field health before it was the same though uh i remembered when i started working it was 100 a year no 100 a month no but now it is now it will now depend on your income now for those who are earning higher you need to what contribute higher to the national health insurance okay or feel help no okay so it's a social service not to make essential goods and health and other social services available to the filipino especially to the popper so since you are earning more you need to also what contribute more so that what you call it a progressive system so similar to taxation the higher your income your taxes will also be higher so it is it is also the same principle so that is for the national health insurance act of 2013. okay so again i think that ends my lecture not everyone knows so thank you again for this opportunity so thank you sir joseph and god bless thank you [Music] just one second please uh if we have questions anthony from rtu you can type details at box then i'll read it speaker we have one here uh attorney um consider [Music] [Music] uh if you were not given a regularization contract say you showed a management practice now when i was in the industry after the six months probationary period before actually the sixth month okay there would be an evaluation conducted by the superior and the employee so the superior the superior or the supervisor will what evaluate your performance and he or she will inform you if you will be regular or not sometimes there will be agreement event extender probationary period no pediatric probationary automatically after the probationary period of six months and he continued your employment okay you're already deemed a regular employee okay i know a case uh before though on the job training i think it was a hotel hotel so after six months oj six months no afternoon tina luino employer that's afternoon six months they were deemed a regular employee so uh for the service incentive leave your second question regardless if you are a contractual employee or a seasonal employee you know casual employee as long as you um rendered for more than uh a year at least one year of service you are entitled to the service incentive leave of five days another another no six months so you're you're entitled to that uh service incentive leave now but already the vacation leave or the sick leave that will take the place of the service incentive okay but if you don't have any leave no and you would like to claim the service incentive leave you can ask dole okay to inspect no to visit the company you can file a complaint in dollar to inspect and visit the so they can actually check it if the company is complying with it [Music] next question attorney what are the legal instances where illegal dismissal is declared but back wages are not awarded illegal actually it will depend on the facts of the case now uh basically back wages are awarded they are separation pays awarded when the employer and employee relations were strained that it can no longer be restored very uncomfortable employee number no relationship [Music] relationship so separation pain along as for back to ej so if the employer okay prohibited the worker okay going back to our no work no pay policy back wages okay it's not to be awarded no but if the employee is available and is willing to work but the employer prevented him or her to work okay illegally then back wages should be how are you dead so no work no pay policy and awarding of back wages thank you sir uh another question siguro or the stipulation of the parties in the contract prevail in determining the employee employee relationship or the employment status of the employee contract rebelled will basically you know under obligations and contracts no the contract is the law between the parties but if the there are provisions under the contract which are okay good morals public customs no then it will it can be declared void no by the by the court so it will also depend but basically uh the the general rule is that the contract is the law between the parties so you'll contact [Music] but of course it can still be um disputed now by the memo okay thank you sir uh please see mr harold fernandez voluntary if you're assigned since it was voluntary termination of your employment you will get your prorated uh 13th month no and of course your unused vlsl and the pro data in camera you probably salarismo for that one thank you sorry this one uh spandex status what actions they should do if ever they encounter another agreement to other companies without the consent of their present employer mm-hmm [Music] [Music] there are is who are in uploading status and then she prepaid to work because of this situation and then another agreement which is and the work was in love with the other employer um consent present employer bunila so what actions are they going to do for para public so uh there's also another provisional under young uh department order 215 series of 2020 regarding suspension of employment relationship okay there is a clause note that says the extension of suspension of employment okay provided however that the employee shall not lose employment so no exception uh the employee shall not lose employment if they find alternative employment during the extended suspension of employment except in cases of written unequivocal and voluntary resignation so in six months now individually after the six month uh young after the six-month period of floating that's employer then the employee was able to get um alternative uh work to survive no it will not uh remove the security of tenure of the employee provided hinduism design express resignation no assad employee okay thank you sir um [Music] what are the actions from being to be done by the employee aside from updating the issue about the delay of giving coe for example one month [Music] is already defying the order of the department of labor and employment my mom helped this you can give your complaints to you next sir regarding those premium pay particularly thank you [Music] that you should be present the day before no especially prior to that um if you don't go to work not prior to that holiday then you won't be entitled to the holiday thank you sir um uh you can always complete with the dollar no um especially for sss if you don't remit sss that will be considered a i know criminal offense already know actually there are a lot of um companies know where in my clients their employees were charged with qualified theft no i so it should be reported to the no today no no no non-compliance it's actually considered now my penal probation sasha if you look at the new sss law uh it was uh made stronger no by very low thank you sir question mr legally landmark maximum number of deliveries for maternity leave or your number of yeah you pack a bail the maternity leave sir um maximum i think it's still for no i see for you um [Music] next um if an employee works on saturday and is the employees uh and it is employees rest day on to mama's special non-working holiday and none work person between between 10 to 6 a.m will the employee still subject for otn additional other additional compensation [Music] [Music] uh yes no especially for our muslim brothers no uh since under their law no eddie can have four um spouses that are legal this paternity law um does not distinguish no uh religion and uh basically i have not handled vietnam young any complaint as a girl no situation but i'm not sure if it will the sharia law will apply also since the sharia ports will also be different from our regular records as if you are part of our muslim community you know you have your sharia law and your sharia courts number lawyers then okay so maybe you can consult a sharia lawyer specialized in chela but uh to me since uh equal protection of the london it should also apply to our muslim brothers so they should have no this uh we should not discriminate another question do we have blood uh particular part in particular it's among a will they still be able to get it right with their organization absent without leave and you were uh the the employer adheres to the two notice rule and you were dismissed or terminated from employment based on that no so it's a legal ground for termination so it will be part of your 20101 file regular so if you would be getting a certificate of employment it can be indicated there now that you did not resign from work okay your termination from work was not uh voluntary but you were dismissed no because you were absent without leave no from work so it can be indicated in your certificate of employment because it will be part of your 201 file materials you can always file a case no so you can file a case single entry approach no um request for assistance to arbitrate so you can find that in dollar is already online you can file an online complaint or request for assistance then automatically there would be a mediation mediator so it will be already a complaint for while finishing the report usually there is a break first no a 30-minute break before the rendering of your overtime work no and the overtime work should be agreed upon by both the subordinate and the superior okay you're not important yeah um over time [Music] then you can refuse to work though after the working hours so you can definitely refuse to work bandit so after your work hours after the eight hour regular work hours then if you are not given uh that authority to work overtime then you can refuse to render service already to [Music] um you know it's nothing for this session you will prepare the notes we'll send it to the department your hr department and then they'll be the one to send to your coordinators and to the all the students um sir francis in lecture nothing to happen um we'll be sending it again to serge and and we'll be giving you an additional reading [Music] for this one um again thank you sir uh zarik please so again [Music] state university sir uh on behalf of pisa technological university and the human resource educators association of the philippines we're giving the certificate appreciation uh to attorneys and evan c miguel for sharing his knowledge and insights as lecturer reviewer in the certified human resource associate review session given this 30th day of june signed by your student and uh professor perry the president of uh again and um [Music] the recent pizzeria what happened to a certain of the record a certain company in valenzuela about legal tender the one just just now just this afternoon spend my own business permit imagine a simple action by an employee or with or without siguro consent from the top management can can actually affect the whole the entire business hr practitioners thank you for your time joseph thank you everyone hello