Labor-Law-Essentials-Final-Combined.pptx

Labor Laws

1. LABOR LAW ESSENTIALS PHILIPPINE CHRISTIAN UNIVERSITY GRADUATE SCHOOL

2. I. In General II. Terms and Conditions III. Types of Employment IV. Termination of Employment V. Labor Relations VI. Social Insurance VII. Other Labor-Related Matters Reymark C. Lazo Ma. Lourdes S. De Leon Jerwin A. Combalicer Jezreel D. Tabago Jonah C. Galoyo Edwin V. Nolasco Jonalyn C. Francisco Katherine G. Buen Daryl M. Sambuto Antonio P. Pascua, Jr. Mark Anthony A. Laña Magdalena P. Catacutan

3. IN GENERAL REYMARK C. LAZO

4. 1987 Philippine Constitution recognizes and guarantees the following rights of workers: Self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with the law. Security of tenure, humane conditions of work, and a living wage Participation in policy- and decision-making processes affecting the workers’ right and benefits as provided by the law A just share in the fruits of production vis-à-vis the right of the employer to reasonable returns on investments

5. At the same time, the 1987 Philippine Constitution expressly recognizes the right of employers to: Reasonable returns on investments Expansion and growth In this connection, management has the prerogative to: Manage, control, and use its property Conduct its business in the matter it deems best Prescribe rules and regulations, select its workers and to transfer, reduce, or lay off workers depending on the need of its business, provided , the said rights are exercised in good faith and in accordance with applicable Philippine law and subsisting contract.

6. II. Terms and Conditions of Employment Ma. Lourdes S. De Leon Jerwin A. Combalicer

7. 1. Minimum Wage In the Philippines the minimum wage is set by the Regional Tripartite Wages and Productivity Board and its rate varies from one region to another. At present, NCR’s minimum wage rate is P570. Region IV A – P470 Region III – P450

8. REGION MWR (PHP) NCR *533.00 - 570.00 CAR *400.00 REGION I *372.00 - 400.00 REGION II *375.00 - 400.00 REGION III *344.00 - 460.00 REGION IV-A *350.00 - 470.00 REGION IV-B *329.00 - 355.00 REGION V *365.00 REGION VI *410.00 - 450.00 DAILY MINIMUM WAGE RATES REGION MWR (PHP) REGION VII *382.00 - 435.00 REGION VIII *345.00 - 375.00 REGION IX *338.00 - 351.00 REGION X *378.00 - 405.00 REGION XI *438.00 - 443.00 REGION XII *347.00 - 368.00 REGION XIII *350.00 BARMM 290.00 - 325.00 Reference: https://nwpc.dole.gov.ph/

9. 2. Work Hours and Overtime Eight hours is the normal hours of work a day. An overtime pay is given to an employee that exceeds the 8-hour work time. The overtime pay = applicable wage rate + 25% wage rate. The overtime rate will vary if: - the OT work is rendered on a rest day, regular holiday or special day or during the period between 10PM – 6 AM. (NSD = 10% of regular hourly rate)

10. 2. Work Hours and Overtime However, these classes of employees (“exempt employees”) are NOT entitled to OT pay: - government employees; - managerial employees and officers or members of the managerial staff; - field personnel; - members of the family of the employer (dependent on him for support); - domestic helpers and those in the personal service of another; - employees who are paid by results

11. 3. Night Shift Differential This refers to additional compensation of at least 10 percent of an employee’s applicable wage rate, payable to employees (except exempt employees) who perform work between 10 p.m. and 6 a.m.)

12. 4. Rest days An employer may require its employees to work six days/week. Employees, except exempt employees, are entitled to a rest period without pay of not less than 1 day for every six normal working days. For work done on rest days, the employer should pay compensation equal to the applicable wage rate plus at least 30 percent thereof. This Photo by Unknown Author is licensed under CC BY

13. 4. Rest days The rate for work on a rest day will vary if the rest day is also a regular holiday or a special day or the work is during the period between 10 p.m. and 6 a.m. This Photo by Unknown Author is licensed under CC BY

14. 5. Regular Holidays When an employee is asked to work during a regular holiday, the employee should receive at least 200% of the applicable wage rate on the said regular holiday. The rate for work on a regular holiday will vary if the regular holiday work is rendered during the period between 12 midnight and 6 a.m. and 10 p.m. and 12 midnight of the regular holiday. This Photo by Unknown Author is licensed under CC BY

15. 5. Regular Holidays There are 12 regular holidays, namely: New Year’s Day (1 January) Maundy Thursday (movable date) Good Friday (movable date) Eid’l Fitr (movable date) Eidul Adha (movable date) Araw ng Kagitingan (9 April) Labor Day (1 May) Independence Day (12 June), National Heroes Day (30 August) Bonifacio Day (30 November) Christmas Day (25 December) Rizal Day (30 December) This Photo by Unknown Author is licensed under CC BY

16. 6. Special Holidays There are 3 special day holidays: Benigno S. Aquino Jr. Day (21 August) All Saints Day (1 November) Last day of the year (31 December) This Photo by Unknown Author is licensed under CC BY Work performed on these days merits compensation equal to the applicable wage rate plus at least 30% thereof. If the special day happens to be the employee’s scheduled rest day, the premium rate is increased to at least 50% of the applicable wage rate.

17. 6. Special Holidays This Photo by Unknown Author is licensed under CC BY The rate for work on a special holiday will vary if the special holiday work is rendered during the period between 12 midnight and 6 a.m. and 10 p.m. and 12 midnight of the special holiday.

18. 7. Service Incentive Leave An employee who has rendered at least 1 year of service is entitled to a service incentive leave (vacation leave) of 5 days with pay. The SIL that is not used at the end of the year should be converted to its money equivalent and to be paid to the employee. As a general rule, an employer can regulate the schedule of the service incentive leave of its employees.

19. 8. Meal Period An employer must give its employees at least 1 hour non-compensable time-off for regular meals. An employer is allowed to give employees a meal break of less than one hour. However, the shorter meal period must be considered as compensable hours worked and must NOT be less than 20 minutes.

20. 9. Private Retirement Benefit Employees are a company’s greatest asset because they take care of our business and also, our customers. As business owners, it is important that we are engaged and acquainted with our employees, especially those who have been with us from the moment our businesses were established. Employees are entitled to a retirement pay benefit (based on the regulations of the Department of Labor and Employment) once they reach these specific criteria: The employee must be in the retirement age of 60 to 65 years old. When an employee is 60 to 64 years old, retirement is optional whether to retire or continue working. When an employee is 65 years old, retirement will be compulsory and obligatory. 2. The employee must work for the company for at least 5 years.

21. 10. Maternity Leave Female workers may avail the maternity leave benefits under the law regardless of their civil status, employment status and length of service, legitimacy of the child, and mode of delivery whether normal or caesarian. For live childbirth, female workers are entitled to avail: One hundred five (105) days maternity leave with full pay; Fifteen (15) days additional maternity leave, for qualified solo parents pursuant to R.A. No. 8972 or the Solo Parents’ Welfare Act of 2000; and Thirty (30) days (maximum) extended maternity leave without pay. For miscarriage and emergency termination of pregnancy: Sixty (60) days paid leave The expanded maternity leave can be credited as combinations of prenatal and postnatal leave as long as it does not exceed the one hundred five (105) days or sixty (60) days, as the case may be, and that the postnatal care shall not be less than sixty (60) days.

22. 11. Paternity Leave Paternity leave benefit is granted to all married male employees, regardless of employment status. It applies to the first four deliveries of the employee’s lawful wife with whom he is cohabiting. The leave shall be for seven days, with full pay, consisting of his basic salary, provided that his pay shall not be less than the mandated minimum wage. In the event the paternity leave benefit is not availed of, said leave is not convertible to cash.

23. 12. Parental Leave In addition to leave privileges under existing laws, parental leave of not more than seven working days every year shall be granted to any solo parent employee as defined in the law who has rendered service of at least one year. A change in the status or circumstance of the parent claiming parental leave benefit, such that he or she is no longer left alone with the responsibility of parenthood, shall terminate his or her eligibility for this benefit.

24. 13. Leave due to Domestic Violence If there is violence in your family or relationship and your employer has three (3) or more employees, you can take up to 12 days off if needed to deal with problems related to the violence. For example, you can get medical care for an injury, get counseling or mental health assistance, get help from a domestic violence organization , go to the Victim Advocate’s office, go to a court hearing, or move to a new place to get away from the violence. Unused leaves are not cumulative and not convertible to cash.

25. 14. Leave due to Gynecological Disorder An employee who undergoes surgery because of a gynaecological disorder is entitled to 2 months of leave following the surgery every year with full pay. This leave shall be granted to any employee who has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery. If the Gynecological Disorder Leave is not availed of, the leave shall not be convertible to cash.

26. 15. 13th Month Pay 13th month pay is a source of excitement for thousands of workers in the Philippines every December. But it’s not just a generous Christmas bonus from employers; it’s a mandatory payment enforced by law. 13th month pay is a government-mandated form of compensation in the Philippines given to employees at the end of the year. While it may seem like a Christmas bonus, 13th month pay isn’t a discretionary benefit; it’s part of employment law, so employers are obliged to pay it. Employers must pay 13th month salary to eligible employees by December 24 of each year. It’s typically paid in one lump sum, but employers can choose to pay it in two installments instead, usually in June and December. If they fail to pay the 13th salary on time or at all, employees can take legal action against them Here’s the Philippines’ 13th month pay formula to help you out: Total basic salary per annum (minus unpaid absences) / 12 = 13th month pay For example, if an employee earns PHP 240,000 per year and hasn’t taken any unpaid days off, their 13th month pay would be PHP 20,000 (240,000 ÷ 12 = 20,000).

27. Types of Employment -Jezreel D. Tabago-MMEM

28. https://www.google.com.ph/search?q=bottle+dol%5Bhins+illusion&tbm=isch&ved=2ahUKEwj9zb7g9PD4AhUN_GEKHYxxAigQ2-cCegQIABAA&oq=bottle+dol%5Bhins+illusion&gs_lcp=CgNpbWcQAzoECCMQJzoICAAQHhAIEAdQ0BlY0y5gsTBoAHAAeAGAAaAFiAGzFZIBCTItNS4xLjEuMZgBAKABAaoBC2d3cy13aXotaW1nwAEB&sclient=img&ei=nyHMYr2CLY34hwOM44nAAg&bih=569&biw=1280#imgrc=nCwAgg-xyRxbAM

29. Regular Employment 2. Project Employment 3. Seasonal Employment 4. Casual Employment 5. Fixed-Period Employment Types of Employment

30. Regular Employment If an individual is engaged to perform activities that are usually necessary or desirable in the usual business or trade of the employer, he should be employed as a regular employee (i.e., an employee with an indefinite term) unless the employment relationship can qualify as an alternative employment arrangement. There are other possible types of employment arrangements, such as project, seasonal, casual and fixed term . The validity of these alternative employment arrangements depends on whether the requisites for these alternative employment arrangements have been met. If the requisites have not been met, the ostensible alternative employment arrangement shall be disregarded and the employee shall be deemed to be a regular employee.

31. In this connection, before an employee becomes a regular employee, his employer can require him to undergo probationary period. The maximum length of the probationary period is six months , counted from the date the new employee started working.

32. There is project employment when the period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement of the employee. A project employee may acquire the status of a regular employee when he is continuously rehired after the cessation of a project and the tasks he performs are vital, necessary and indispensable to the usual business or trade of his employer. 2. Project Employment

33. 3. Seasonal Employment There is seasonal employment when the work is to be performed only at a certain time of the year and the employment is for the duration of that time of the year.

34. 4. Casual Employment There is casual employment when an employee is engaged to perform work that is merely incidental to the business of the employer, and such work is for a definite period made known to the employee at the time of his engagement. If the casual employee renders at least one year of service, whether such service is continuous or not, he shall be considered a regular employee with respect to the activity for which he is employed and his employment shall continue while such activity exists.

35. There is fixed-period employment when the commencement and termination dates of the employment relationship have been set before the employment relationship begins. Fixed-period employment is highly restricted and is subject to the following criteria: the fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or It satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no dominance exercised by the former over the latter. As much as possible, fixed period employment should involve highly educated people or highly technical positions. 5. Fixed-Period Employment

36. 9 Dolphins

37. TERMINATION OF EMPLOYMENT PHILIPPINE CHRISTIAN UNIVERSITY GRADUATE SCHOOL BY: GALOYO, JONAH CEBUJANO 2021002397 Guide to Philippine Employment Law: An Overview of Employment Laws for the Private Sector Quisumbing Torres, 2016

38. In general, an employer may terminate an employment only if there is a legal (i.e., just or authorized) cause for termination and it has followed the procedures required for the cause of termination. At-will employment, where the employer may dismiss an employee at any time, without cause and by mere notice or salary in lieu of notice, is not allowed under Philippine labor law.   Guide to Philippine Employment Law: An Overview of Employment Laws for the Private Sector Quisumbing Torres, 2016

39. On the other hand, an employee may terminate his employment for any reason by serving a written notice to his employer at least one month in advance. In the event that the employee does not give any notice, the employer may hold the employee liable for damages. Under certain instances, the employee may terminate his employment without need of any notice. Guide to Philippine Employment Law: An Overview of Employment Laws for the Private Sector Quisumbing Torres, 2016

40. 1. CAUSE FOR DISMISSAL An employer may terminate an employment for any of the just and authorized causes defined in the Labor Code. The just causes for termination of employment are as follows: Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work Gross and habitual neglect by the employee of his duties Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative Other causes analogous to the foregoing

41. 1. CAUSE FOR DISMISSAL On the other hand, the authorized causes for termination of employment are as follows: Installation of labor-saving devices Redundancy Retrenchment to prevent losses Closing or cessation of operation of the establishment or undertaking Disease, where the continued employment of the afflicted employee is prohibited by law or is prejudicial to his health as well as to the health of his co-employees

42. Termination of employment by the employer without a legal cause will entitle the illegally dismissed employee to reinstatement without loss of seniority rights and other privileges, to payment of full back wages, inclusive of allowances, and of other benefits or their monetary equivalent computed from the time compensation was withheld until actual reinstatement, and to payment of damages. Guide to Philippine Employment Law: An Overview of Employment Laws for the Private Sector Quisumbing Torres, 2016

43. TERMINATION OF EMPLOYMENT WHAT IS THE RIGHT TO SECURITY TENURE? The right to security of tenure means that a regular employee shall remain employed unless his or her services are terminated for just or authorized cause and after observance of procedural due process. Department of Labor and Employment BUREAU OF LABOR RELATIONS

44. TERMINATION OF EMPLOYMENT May an employer dismiss an employee? What are the grounds? Yes. An employer may dismiss an employee on the following just causes: a) serious misconduct; b) willful disobedience; c) gross and habitual neglect of duty; d) fraud or breach of trust; e) commission of a crime or offense against the employer, his family or representative; f) other similar causes. Department of Labor and Employment BUREAU OF LABOR RELATIONS

45. TERMINATION OF EMPLOYMENT Are there other grounds for terminating an employment? What are they? Yes. The other grounds are authorized causes: a) installation of labor-saving devices; b) redundancy; c) retrenchment to prevent losses; d) closure and cessation of business; and e) disease / illness. Department of Labor and Employment BUREAU OF LABOR RELATIONS

46. Before terminating the services of an employee, what procedure should the employer observe? An employer shall observe procedural due process before terminating one’s employment. What are the components of procedural due process? A. In a termination for just cause, due process involves the two-notice rule: a) A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side; b) A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her; c) A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify termination. B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.

47. What is the sanction if the employer failed to observe procedural due process in cases of legal and authorized termination? In cases of termination for just causes, the employee is entitled to payment of indemnity or nominal damages in a sum of not more than 30,000 pesos (Agabon vs. NLRC, 442 SCRA 573); in case of termination for authorized causes, 50,000 pesos (Jaka Food Processing vs. Darwin Pacot, 454 SCRA 119). May an employee question the legality of his or her dismissal? Yes. The legality of a dismissal may be questioned before the Labor Arbiter of a Regional Arbitration Branch of the National Labor Relations Commission (NLRC), through a complaint for illegal dismissal. In establishments with a collective bargaining agreement (CBA), the dismissal may be questioned through the grievance machinery established under the CBA. If the complaint is not resolved at this level, it may be submitted to voluntary arbitration.

48.  On what grounds may an employee question his or her dismissal? An employee may question his or her dismissal based on substantive or procedural grounds. The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal. The procedural aspect refers to the failure of the employer to give the employee the opportunity to explain his or her side.

49. LABOR RELATIONS Presented by: JONALYN C. FRANCISCO

50. LABOR RELATIONS LAW-(ARTICLE XIII, SEC. 3)(REPUBLIC ACT 6175) LAWS, RULES AND REGULATIONS WHICH GOVERN THE RELATIONSHIP BETWEEN EMPLOYEES AND THEIR EMPLOYERS PROMOTING THE RIGH OF EMPLOYEES TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING PENALIZE UNFAIR LABOR PRACTICE PROVIDE MODES OF SETTLEMENT 50

51. DEFINITIONS Labor organizations- union or association of employees which exist for the part of collective bargaining Company union -labor organization whose formation, function or administration has been assisted Bargaining representative - legitimate labor organization whether or not employed by the employer Labor dispute - includes any controversy or matter concerning terms and conditions of employment 51

52. DEFINITIONS Managerial employee - who is vested with the powers or prerogatives to lay down and execute management policies Supervisory employees- recommend such managerial actions, uses independent judgement. Voluntary arbitrator -person accredited by the board designated in the collective bargaining agreement Strike - temporary stoppage of work by the concerned action of employees Lock out - temporary refusal of an employer to furnish work 52

53. DEFINITIONS Internal union dispute - all disputes or grievances arising from any violation of or disagreement over any provision Strike-breaker -person who obstructs, impedes or interferes with by force, violence, coercion threats or intimidation any peaceful picketing affecting wages Strike area -establishment, warehouses, depots, plants, or offices 53

54. LABOR RELATIONS PROCESS 54 (1)Union contact with employees (2)Authorization card campaign (3) Petition for election (4) Determination of bargaining unit (5) Employer and pre-election campaigns Election (7.a)Certification of union and start of collective bargaining (7.b)Rejection of union

55. PROHIBITION OF LABOR UNIONS 1. Restraining of coercing employees in the exercise of their rights to self organization 2. Causing of attempting to cause an employer as to discriminate against an employee 3. Asking for or accepting negotiation fees from the employer as part of the of the settlement of any issue in collective bargaining. 55

56. HOW LABOR UNION WORKS: Registered with DOLE Recognized or certified as the exclusive bargaining representative-collective bargaining - Labor code -Republic Act 9481 56

57. HOW COLLECTIVE BARGAINING WORKS: Term of 5 years 30 days of execution of collective bargaining agreement, submission of copies to Philippine Bureau of Labor Relations – For Registration 57

58. 58 PRINCIPLES OF COLLECTIVE BARGAINING (UNION AND MANAGEMENT) Collective bargaining process due consideration to hear on both sides. Mutual understanding will result in for a solution. Analyze the alternatives Mutual respect for both parties. The management should respect the union, the union should recognize the importance of the management. Both should have confidence and good faith in discussion for solutions.

59. 59 RELATED LITERATURES Quisumbing Torres(2016)Guide to the Employement Laws for the Private Sector Labor code of the Philippines Cucueco et al. (2017) Labor code of the Philippines

60. SOCIAL INSURANCE Referred as the “Social Legislations”

61. RA No. 8282 The Social Security Law of 1997

62. RA No. 8282 The Social Security Law of 1997 This was signed into law on May 1, 1997 by President Fidel V. Ramos. It has substantial increases in social security benefits that it provides the wider social security coverage it extends to more individuals and the stiffer penal sanctions it lays down for violations of the SS Law. In addition, it provides more flexibility and safeguards in the investment of the reserve fund, the condonation of penalty of delinquent contributions, as well as the establishment of a voluntary provident fund for members.

63. SSS Benefits Lists of Benefits: Sickness Benefits Maternity Benefits Retirement Benefits Disability Benefits Death Benefits Funeral Benefits Unemployment Benefits

64. SSS Contribution Table 2022 For employers and employees For self-employed members For voluntary & non-working spouse members For OFW members For household employers & kasambahay members Source: https://philpad.com/new-sss-contribution-table/#The_New_SSS_Contribution_Table_in_2022

65. Portability Law RA 7699 An Act Instituting Limited Portability Scheme in the Social Security Insurance Systems by Totalizing the Worker’s Creditable Services or Contributions in each of the Systems. Contributions - shall refer to the contributions paid by the employee or worker to either the Government Service Insurance System (GSIS) or the Social Security System (SSS) on account of the worker’s membership Portability - shall refer to the transfer of funds for the account and benefit of a worker who transfers from one system to the other;

66. RA No. 9679 The Home Development Mutual Fund Law of 2009

67. RA No. 9679 The Home Development Mutual Fund Law of 2009 Revised Guidelines on Pag-IBIG Fund Membership.

68. RA No. 7875 National Health Insurance Act of 2013

69. It is hereby declared the policy of the State to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable costand to provide free medical care. The State shall provide comprehensive health care services to all Filipinos through socialized health insurance program that will prioritized the health care needs of the underprivileged, sick, elderly persons,PWDS, indigents.

70. The programs shall cover the following members and their dependents: Member in the Formal Economy 1. Government Employee 2. Private Employee 3. All other workers rendering services whether in government or private offices such as job orders, contract of service and the like. 4. Owners of Micro Enterprises/ small, medium and large enterprises 5. Household Helpers, family drivers

71. Members in the Informal Economy: 1. Migrant Workers 2. Informal Sectors 3. Self Earning Individual 4. Filipinos with Dual Citizenship 5. Citizens of other countries working or residing in the Phil. 6.Indigent 7. Sponsored and Lifetime Members

72. PHILHEALTH BENEFIT PACKAGE In patient Care Out patient medical and surgical care Emergency and transfer services Health Education Package This Photo by Unknown Author is licensed under CC BY

73. GSIS REPUBLIC ACT NO. 8291

74. Is a social insurance institution that ensures its members against the occurrence of certain contingencies in exchange in their monthly contribution. The GSIS monthly contribution is computed as follows: the contribution of regular members which is the Employee is 9% of their basic salary, while the Employer share is 12%

75. GSIS BENEFITS LIIFE INSURANCE RETIREMENT SEPARATION UNEMPLOYMENT DISABILTY FUNERAL EMPLOYEES COMPENSATION SURVIVORSHIP

76. OTHER LABOR RELATED MATTERS

77. Other Labor -Related Matters A. Prohibition Against Diminution of Benefits (Labor Code)

78. The Labor Code prohibits the elimination or diminution of employee benefits. This means that an employer may not unilaterally take back or reduce benefits that it has voluntary given to its employees. So that this non-diminution rule will apply, the following requisites should be present:

79. It is consistent and deliberate The grant of benefit is based on an express policy of the employer or has ripened into a practice over a long period of time. It is not due to error in the construction or application of a doubtful or difficult question of law.

80. Other Labor -Related Matters B. Workplace Safety

81. Each employer covered by the Occupational Safety and Health Standards must; Furnish its workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to the workers; Give complete job safety instructions to all workers (especially those entering the job for the first time) including instructions relating to the familiarization with their work environment, hazards to which the workers are exposed to and steps taken in case of emergency; Comply with the requirements of the Occupational Safety and Health Standards; and Use only approved devices and equipment in the workplace.

82. Other Labor -Related Matters C. Medical Checks

83. Pre-employment physical examinations should be conducted to determine the physical condition of the prospective employee at the time of hiring and to prevent the placement of an individual on a job where, through some physical or mental defects, he may be dangerous to his fellow workers or to property. The Occupational Safety and Health Standards also require annual physical examinations. All examinations should be complete and thorough, be rendered free of charge to the employees, and include x-ray or special laboratory examinations when necessary due to the particular nature of the employment. Records of physical examinations and all information obtained by health professional should be held strictly confidential.

84. OTHER LABOR-RELATED MATTERS D) DISCRIMINATION The Labor Code provides that the government shall ensure equal work opportunities, regardless of sex, race or creed. The Women In Developing and Nation Building Act (RA 7192) affords women equal work opportunities with men. In addition, the Labor Code makes it unlawful for an employer to discriminate against any female employee with respect to terms and conditions of employment solely on account of sex. It is also unlawful for an employer to do any of the following: to require as a condition of employment or continuation of employment that a female employee shall not get married; to stipulate expressly or tacitly that upon getting married, a female employee shall be deemed resigned or separated; to dismiss, discharge, discriminate, or otherwise prejudice a female employee merely by reason of her marriage; to deny any female employee the benefits provided in the Labor Code or to discharge any female employee to prevent her from enjoying the benefits provided in the Labor Code; to discharge any female employee on account of her pregnancy or while on leave or in confinement due to her pregnancy; and to discharge or refuse the admission of any female employee upon her returning to work for fear that she may again be pregnant.

85. OTHER LABOR-RELATED MATTERS D) DISCRIMINATION The Labor Code also makes it unlawful for an employer to do any of the following: to discriminate against any person in respect to terms and conditions of employment on account of his age; to discriminate against any person in respect to terms and conditions of employment on account of his age; to discriminate against any employee who has filed any complaint concerning wages or has testified or about to testify in such complaint; to discriminate against employees in the exercise of their right to self-organization; to discriminate with regard to wages, hours of work, and other terms and conditions of employment to encourage or discourage membership in any labor organization; and to discriminate against an employee for having given or being about to give testimony under the Labor Code. There are also a number of special laws and regulations prohibiting discrimination against the actual, perceived or suspected human immunodeficiency virus (HIV) status of people, persons with disability, indigenous cultural communities and indigenous people, solo or single parents and persons with tuberculosis and hepatitis B.

86. E. HARRASSMENT Sexual Harrassment Republic Act No. 7877

87. E. HARRASSMENT SEXUAL HARRASSMENT What is SEXUAL HARRASSMENT? As generally understood by the public, sexual harassment is any unwanted sexual attention. This attention can be verbal, visual, gestural, or physical and can range from a sexist remark to sexual assault. Under Republic Act No. 7877 (The Anti Sexual Harassment Act of 1995), the harasser’s intention is irrelevant. The victim’s perception of the situation as wanted or unwanted determines whether or not it is sexual harassment.

88. E. HARRASSMENT SEXUAL HARRASSMENT Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy * over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

89. Work-Related Sexual Harassment – how it is committed (RA 7877) 1. By any person who, having authority, influence or moral ascendancy over another demands, requests or otherwise requires sexual favor from the other; and

90. Work-Related Sexual Harassment – how it is committed (RA 7877) 2. The sexual favor is made as a condition in the following instances: in the hiring or in the employment, reemployment or continued employment of the said individual; and or in granting said individual favorable compensation, terms, conditions, promotions or privilege; or

91. Work-Related Sexual Harassment – how it is committed (RA 7877) 3. The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said offended party; or

92. Work-Related Sexual Harassment – how it is committed (RA 7877) 4. The demand, request, or requirement for sexual favor would (a) impair the offended party’s rights or privileges under existing labor laws or (b) results in an intimidating, hostile, or offensive environment for the offended party.

93. Duties of the Employer under RA 7877 1. Prevent or deter the commission of acts of sexual harassment

94. Duties of the Employer under RA 7877 2. Create a Committee on Decorum and Investigation (CODI)* who shall conduct the investigation of alleged cases constituting sexual harassment. *composed of at least one (1) representative each from the management, the union, if any, the employer from the supervising rank, and from the rank and file employees

95. Duties of the Employer under RA 7877 3. Disseminate/post a copy of RA 7877 for the information of all concerned..

96. What to do if sexually harassed Be prepared Object or resist If can’t resist, keep a log or diary of incidents Don’t suffer in silence. Seek advice and support from trusted friends and colleagues. Take a formal action File a case within three (3) years from the time it is committed. Keep a record of efficiency or merit citations.

97. Republic Act No. 7877 provides the penalty of imprisonment of not less than one (1) month nor more than six (6) months or fine of not less than ten thousand pesos (P10,000) nor more than twenty thousand pesos (P20,000) or both at the discretion of the court Penalty for crime of sexual harassment under RA 7877

98. The said act of ‘sexual harassment’ is not covered by RA 7877. However, some specific provisions of the Revised Penal Code may be applied. What if the offender is a co-employee of equivalent or lower rank than the offended party?

99. Republic Act No. 7877 Anti-Sexual Harassment Act of 1995 Women’s Legal Bureau Brighton Borough Council Policy on Sexual Harassment East Sussex, Brighton England, 1990 SOURCES: