LABOR REVIEW – MIDTERMS REVIEWER 83 Normal Hours of Work

84 Hours worked
I. EER as basis of labor court’s jurisdiction to 85 Meal periods
hear and decide labor disputes 86 NSD
87 OT
Four-Fold Test 88 Undertime not offset by OT
89 Emergency OT work
(1) Selection and engagement of EE 90 Computation of additional compensation
(2) Payment of wage and salaries 91 Right to weekly rest period
(3) Exercise of power of dismissal 92 When ER may require work on a rest day
(4) Exercise of power to control EE’s conduct – 93 Compensation for rest day, Sunday or holiday work
whether ER reserved the right to control EE not 94 Holiday pay
only as to result of work but also as to the means 95 SIL
and methods by which it is to be accomplished 96 SC

II. General Labor Policy 82 Coverage; Exclusions

Constitution EEs in all establishments, WON for profit except:

Art. XIII, Sec. 3
State shall:
 afford full protection to labor, local and overseas,
organized and unorganized
 promote full employment and equality of employment
opportunities for all.
State shall guarantee right of workers to:
 self-organization
 collective bargaining and negotiations
 peaceful concerted activities including the right to
strike in accordance with law
 security of tenure
 humane conditions of work
 living wage
 (participation) in policy and decision-making processes
affecting their rights as may be provided by law
State shall:
 promote the principle of shared responsibility
between workers and employers and the preferential
use of voluntary modes in settling disputes
 enforce their mutual compliance therewith to foster
industrial peace
State shall regulate the relations between workers and
employers, recognizing the right of:
 labor to its just share in the fruits of production
 enterprises to reasonable returns and investments and
to expansion and growth.
 Gov’t EEs
 MEs – (a) whose primary duty is management of
establishment/department/subdivision they’re
employed in; (b) other officers/members of
Managerial Staff
 Officers/Members of MS
 Domestic servants/persons in another’s personal
service
 Workers paid by results
 Non-agricultural field personnel – non-agricultural EEs
(a) who regularly perform duties away from principal
place of business and (b) whose actual hours of work
in the field cannot be determined with reasonable
certainty
 ER’s family members
83 Normal Hours of Work
not more than 8 hours
IF health personnel in (a) cities/municipalities with min. 1M
population; or (b) hospitals/clinics with min. 100 bed
capacity – 8 hours/5 days a week exclusive of mealtime
unless exigency requires 6 days/48 hours. On 6th day,
they’re entitled to additional 30% compensation.
84 Hours worked
All time during which an EE is:
 required to be (a) on duty or (b) at ER’s
premises/prescribed workplace
 suffered/permitted to work
rest periods of short duration counted as HW

Civil Code 85 Meal periods

at least 60 minutes
III. Labor Standards
86 NSD
Arts. 82-90, LC at least 10% of regular wage for each hour of work
performed from 10pm-6am
82 Coverage; Exclusions
87 OT regular holidays:
25%, New Year
30% IF holiday/rest day Maundy Thursday
Good Friday
88 Undertime not offset by OT April 9
ER not exempted from paying OT because of permitting EE May 1
to go on leave on another day June 12
July 4
89 Emergency OT work November 30
- when country is at war; National Assembly or Chief December 25
Executive declared any other nat’l/local emergency December 30
- necessary to prevent loss of life/property; imminent Election day
danger to public safety due to actual/impending
emergency in the locality caused by accidents, fire, 95 SIL
flood, typhoon, earthquake, epidemic, or other EE who has rendered at least 1 yr of service
disaster or calamity 5 days with pay
- urgent work to be performed on machines, not applicable to those:
installations, or equipment, to avoid serious - already enjoying the benefit
loss/damage to ER; other cause of similar nature - enjoying vacation leave with pay of at least 5 days
- work necessary to prevent loss/damage to perishable - establishments regularly employing <10 EEs
goods - establishments exempted by DOLE after considering
- completion or continuation of work started before 8th viability/financial condition
hour is necessary to prevent serious
obstruction/prejudice to ER’s business/operations 96 SC
distributed at 85% for all covered EEs and 15% for
90 Computation of additional compensation management
“regular wage” includes cash wage only, without deduction IF abolished, considered integrated in their wages
on account of facilities provided by ER
Househelpers
91 Right to weekly rest period Management Prerogatives
at least 24 hrs after every 6 consecutive work days CWW

92 When ER may require work on a rest day Waiting Time

- actual/impending emergencies caused by Travel Time
disaster/calamity to prevent loss of life/property or Weekly Rest Periods
imminent danger to public safety
- urgent work to be performed on machines, DO 2-2004
installations, or equipment, to avoid serious DA 2-2009
loss/damage to ER; other cause of similar nature
- abnormal pressure of work due to special Holidays and SIL
circumstances, where ER cannot be expected to resort Other Leaves
to other measures Maternity Leave
- work necessary to prevent loss/damage to perishable Paternity Leave
goods Parental Leave
- nature of work requires continuous operations and Solo Parents’ Welfare Act
stoppage of work will result in irreparable injury/loss Service Charge
to ER
- analogous circumstances as determined by SOLE IV. Wages
V. Women Employees
93 Compensation for rest day, Sunday or holiday work VI. Handicapped Employees
30%, if rest day/Sunday which is established RD/special VII. Apprentices
holiday VIII. Jobstart PH Act
50% if holiday falls on rest day IX. Anti-Age Discrmination in Employment Act
X. Job Contracting and Labor-Only Contracting
XI. Probationary Employment
94 Holiday pay XII. Security of Tenure and Termination of
100% Employment
Preventive Suspension
Just Causes for Termination
Willful Disobedience
Gross Negligence
Authorized Causes for Termination
Illness or Disease
Retirement
Termination by EE
Suspension of Operations