TITLE II by xiangpeng

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									                       LABOR STANDARDS FINALS REVIEWER
                                      -1-
                                                       by the laborers over and above their ordinary
TITLE II. WAGES.                                       earnings or wages.(i.e Free meals given to
                                                       seafarers on board an ocean voyage; Food
CHAPTER 1. PRELIMINARIES                               allowance given to bus drivers going outside the
                                                       city). “Facilities” on the other hand, are items of
Distinguish Wages from Salary.                         expense necessary for the laborer’s and his
- Wages applies to the compensation for manual         family’s existence and subsistence (meal
labor, skilled or unskilled, paid at stated times      subsidy, education, board and lodging), so that
and measured by the day, week, month or                by express provision of law they form part of the
season. Salary denotes a higher degree of              wage and when furnished by the employer are
employment or a superior grade of services and         deductible therefrom, since if they are not so
implies a position or office. The SC however           furnished the laborer would spend and pay for
have reached the conclusion that the words             them just the same. (Atok-Big Wedge Assn. vs.
“wages” and “salary” are in essence                    Atok-Big Wedge Co.)
synonymous.
                                                       What are the requirements for deducting
Does “Wages” include sales commission?                 value of facilities from employees wages?
-Yes. Inasmuch as the words “wage”, “pay” and          1. Proof must be shown that such facilities are
“salary” have the same meaning, and                    customarily furnished by the trade.
commission is included in the definition of            2. The provision of deductible facilities must be
“wage”, the logical conclusion is, in the              voluntarily accepted in writing by the employee.
computation of the separation pay, the salary          3. Facilities must be charged at fair and
base should include also the earned sales              reasonable value. (Mabeza vs. NLRC)
commissions. Even is the commissions were in
the form of incentives or encouragement, still         Does Salary include allowances?
these commissions are direct remunerations for         - No. Existing laws exlude allowances from the
services rendered which contributed to the             basic salary or wage in the computation of the
increase of income of the employer.(Songco vs.         amount of retirement and other benefits payable
NLRC). It must therefore be directly or intimately     to an employee. (Cebu Institute of Technology
related to the extent or energy of an employee’s       vs. Ople)
endeavors. (Philippine Duplicators, Inc. vs.
NLRC)                                                  Distinguish Salary from Gratuity.
                                                       - Gratuity is something freely given, or without
Wage includes facilities or commodities                recompense; a gift, this is not so in salary. The
according to Art. 97(f), what is the fair and          very term “gratuity” differs from the word “salary”
reasonable value of a lodging facility                 or “compensation” in leaving the amount thereof,
determined?                                            within the limits of reason, to the arvitrament of
- It is the cost of operation and maintenance,         the giver.
including adequate depreciation plus reasonable        - Gratutity pay is not intended to pay a worker for
allowance (but not more than 5 ½% interest on          actual services rendered.
the depreciated amount of capital invested by the      - While Gratuity may be enforced once it forms
employer); provided that if the total so computed      part of a contractual undertaking, it is not
is more than the fair rental value or fair price of    mandatory unlike salary. (Plastic Town Center
the commodities or facilities offered for sale, then   vs. NLRC)
the fair rental value or fair price of commodities
shall be considered the cost of operation and          What other non-wage payments can therefore
maintenance.                                           be made aside from Gratuity?

Distinguish “Facilities” from “Supplements”.             Emergency Allowance: But      receipt   of
- “Supplements” constitute extra remuneration or       ECOLA is dependent on whether or not you are
special privileges or benefits given to or received
                      LABOR STANDARDS FINALS REVIEWER
                                     -2-
also entitled to basic if you get no basic pay for   What is the so-called “sweating-system” in
that day, you also get no COLA.                      the US which equally applies in the
                                                     Philippines?
  Representation/Transportation Allowance:           - It is the exploiting of workers at wages so low
This contemplates payment for expenses.              as to be insufficient to meet the bare cost of
                                                     living, thus making their very helplessness the
  Per diem: This is actually allowance for each      occasion of a most injurious competition.
day that an officer or employee is out of the
home. It answers for board, lodging,                 Can inability of the employer to pay because
transportation and other related expenses.           of poor financial condition of the company
                                                     exempt him from liability for minimum
Is the rule NO-WORK NO PAY(FAIR DAY’S                wages?
WAGE FOR FAIR DAY’S LABOR) absolute?                 - No. Lack of funds is not a valid defense
- No. If there is no work performed by the           because payment of the minimum wage is a
employee, there can be no wage or pay unless         statutory obligation that is not dependent upon
the laborer was able, willing and ready to work      one’s ability to pay.
but was prevented by management or was
illegally locked out, suspended or dismissed.        Does acceptance by an employee of the
(Philippine Airlines vs. NLRC)                       wages paid to him give rise to estoppel
                                                     precluding him from suing for the difference
What is the PRINCIPLE of EQUAL PAY for               between the amount received and the amount
EQUAL WORK?                                          he should have received?
- It provides that Employees working in the          - No.
Philippines, if they are performing similar
functions and responsibilities under similar         What are the exceptions to the coverage of
conditions, should be paid equally.                  the Rule on minimum wages?
                                                     1. Household or domestic helpers, including
Differentiate Agricultural work from Industrial      family drivers and persons in the personal
Work.                                                service of another.
- Work on the soil and its harvests is generally     2. Homeworkers engaged in needle-work
agricultural work. (i.e. Tillage of soil, raising    3. Workers employed in any establishment duly
crops, business of fishpond) When the harvests       registered with the National Cottage Industries
are processed into finished product or               and Development Authority, provided that such
transformed to another product, that processing      workers perform the work in their respective
work is industrial.                                  homes.
                                                     4. Workers in any duly registered cooperative
  N.B. Employees of IRRI employed in the direct      when so recommended by the Bureau of
farm operations in its experimental farm as well     Cooperative Development and upon approval of
as employees in the farm machinery shop, repair      the Secretary of DOLE, provided that such
shop, carpentry shop, etc. are agricultural          recommendation shall be given only for the
workers. (Opinion of Secretary of Labor 1965)        purpose of making the cooperative viable and
                                                     upon finding and certification of said Bureau
                                                     supported by adequate proof that the cooperative
CHAPTER II. MINIMUM WAGE RATES                       cannot resort to other remedial measures without
                                                     serious loss or prejudice to its operation.
What is “Statutory minimum wage”?                    5. Barangay micro business enterprise.
- It is the lowest wage rate fixed by law that an
employer can pay his workers.                        N.B. The Regional Tripartite Wage and
                                                     Productivity Boards may issue wage orders
                                                     providing for other exemptions.
                      LABOR STANDARDS FINALS REVIEWER
                                     -3-
What is a barangay micro business                     4. Reimbursement benefits. (i.e. per diem)
enterprise?                                           5. Elimination of an existing benefit in exchange
- It is any business entity or enterprise engaged     for an equal or better one.
in the production, processing or manufacturing of     6. Reclassification of Position or Promotion.
products or commodities, including agro-              7. Contingent or Conditional Benefits. (i.e.
processing, trading and services, whose total         Bonus)
assets including those arising from loans but
exclusive of the land on which the particular
business entity’s office, plant and equipment are     Define Bonus.
situated, shall not be more than 3M.                  - It is an amount granted and paid to an
                                                      employee for his industry and loyalty which
May a retail/service establishment be                 contributed success of the employer’s business
exempted from the coverage of the minimum             and made possible the realization of bigger
wage law?                                             profits. It may be based on the profits realized or
Yes. But it must be shown that the establishment      the productivity gain in the company.
is regularly employing not more than 10 workers
and had applied for exemptions with and as            Does Bonus form part of wages?
determined by the appropriate Regional Board in       - It depends upon the circumstances and
accordance with the applicable rules and              conditions for its payment. If it is an additional
regulations issued by the Commission. (RA             compensation which the employer promised and
6727- Wage Rationalization Act)                       agreed to give without any conditions imposed
                                                      for its payment, such as success of business or
What are the requirements for the rule on             greater production or output, then it is part of the
non-diminution or non-elimination of                  wage. But if it is paid only if profits are realized
supplements or benefits to apply?                     on a certain amount of productivity achieved, it
1. The grant of the benefit is founded on a policy    cannot be considered part of the wages. (Atok-
or has ripened into a practice over a long period     Big Wedge Mining Co., Inc. vs. Atok-Big Wedge
2. The practice is consistent and deliberate          Mutual Benefit Association)
3. The practice is not due to error in the
construction or application of a doubtful or          N.B. Even if Bonus is not demandable for not
difficult question of law                             being part of wages, the same may be granted
4. The diminution or discontinuance is done           on equitable consideration, such as when it is a
unilaterally by the employer                          long practice. Also, according to a weight of
                                                      American Jurisprudence, which was applied by
May the employer unilaterally withdraw,               SC, that, after the acceptance of a promise by an
eliminate or diminish benefits which are part         employer to pay the bonus, the same cannot be
of a non-contributory retirement plan?                withdrawn, but may be enforced by the
-No. Employees have a vested and demandable           employee. A quitclaim cannot prevent such
right over existing benefits voluntarily granted to   employee from the bonus as he is legally entitled
them by their employer notwithstanding that           to it.
employees contribute nothing to the plan. (Nestle       This however is subject to an exception: being
Philippines, Inc. vs. NLRC)                           a gratuity and a management prerogative, this
                                                      cannot be forced upon the employer such as
What are the exceptions to the Non-                   when the company’s fiscal condition has declined
diminution Rule?                                      and such bonus is dependent on the profits
1. If it is not an established practice.              realized. (Traders Royal Bank vs. NLRC)
2. There was an erroneous payment made due to
a mistake in application of a doubtful or difficult
question of law.
3. Negotiated benefits between employee and
employer such as those contained in CBA.
                      LABOR STANDARDS FINALS REVIEWER
                                     -4-
                                                      as part of the regular or basic salary of the
Define Thirteenth-Month Pay.                          employee at the time of the promulgation of PD
- This is an extra-pay granted to an employee         851. An exception would be when such other
who have worked at least one month during a           benefits have been included through established
calendar year. The minimum 13th month pay             practice or agreement binding on the employer.
required by law shall not be less than 1/12 of the
total basic salary earned by an employee within a     To recapitulate it excludes from the computation:
calendar year. This is required to be paid not        1. allowances
later than December 24 of every year. The             2. monetary benefits not considered or
frequency of the payment may be subject to            integrated in regular or basic wage (i.e. vacation
agreement between the employer and the                leave/sick leave, cash equivalents of leaves,
recognized collective bargaining agent of the         OTpay, night differential, holiday pay, COLA)
employees. This is actually a form of bonus.          UNLESS they are part of basic under an
                                                      agreement or policy.
Who are exempted employees from receiving
13th-month pay?                                       Differentiate Productivity        Bonus      from
1. The Government employees, including those          Commission.
employed in any of its political subdivisions,
including GOCCs, except those corporations            Prod. Bonus (Boie-Takeda case)
operating essentially as private subsidiaries of      1. Tied to productivity or profit generation
the Government.                                       2. Not directly dependent on efforts of the
2. Employees already receiving a 13th month pay       worker
or more in a calendar year or its equivalent at the   3. Something extra for which no specific
time of the issuance of PD 851(13th Month Pay         additional service are rendered.
Law) Revised Guidelines.
3. Household helpers and persons in the               Sales Commission (Philippine Duplicator’s
personal service of another in relation to such       case)
workers.                                                1. Directly proportional to employees
4. Employees who are paid on purely                   endeavors
commission, boundary or task basis and those            2. Paid on specific results achieved
who are paid a fixed amount for performance of a        3. Percentage of sales and operates as
specific work, irrespective of the time consumed      integral part of basic wage
in the performance thereof, except where the
workers are paid on piece-rate basis.                 If a worker is paid BOTH fixed wage and
5. Managerial and supervisory employees.              commission, when should you also include
6. Sea-farers, because they are considered            the fixed wage in computing the 13th month
contractual employees.                                pay?
                                                        If the commission paid is based on the actual
N.B. Thirteenth-Month Pay is deemed written in        work performed (ex. % of price of goods sold), it
the Contract as it is mandated by law. Food, etc,     is therefore salary and should be included.
cannot substitute for 13th month pay.                   If it is not so based on actual work (ex.
                                                      profit/incentive sharing on productivity bonus), it
How is 13th Month Pay computed?                       is not included.
1/12 of the total basic salary earned by the
employee during the calendar year. Basic salary       Are employees earning a guaranteed wages
shall include all remunerations or earnings paid      and/or commissions entitled to 13th month
by an employer to an employee for services            pay based on their earnings that include
rendered but may not include cost-of-living           commissions?
allowances, profit sharing payments, overtime         Yes. It is immaterial whether the employees are
pay, bonus and all allowances and monetary            paid a guaranteed wage plus commission or a
benefits which are not considered or integrated       commission with a guaranteed wage inasmuch
                      LABOR STANDARDS FINALS REVIEWER
                                     -5-
as the bottomline is that they receive a              rate has been established by the Secretary of
guaranteed wage. What is controlling is not the       Labor.
label attached to the remuneration that the
employee receives but the nature of the               What are the two groups of workers paid by
remuneration. (PACIWU-TUCP vs. NLRC)                  results?
                                                      1. Those whose time and performance is
Is teachers’ overload pay included in basic           supervised by the employer—This embodies an
pay?                                                  element of control and supervision over the
Yes, as long as said actual work corresponding        manner as to how work is to be performed.
to the overload is performed within the eight         2. Those whose time and performance is
hours work in a day.                                  unsupervised by the employer—There is no such
                                                      element, such as in the first because control if
When will there be proportionate 13th month           any, is merely over the result of the work itself.
pay?
When an employee resigned or whose services
were terminated at any time before the time for       What are the two groups of piece-rate
payment of the 13th month pay. This is in             workers for the purpose of determining the
proportion to the length of time he worked during     legal sufficiency of a piece rate
the year reckoned from the time he started            compensation?
working during the calendar year up to the time       1. Those who are paid piece-rates which are
of his resignation or termination from the service.   prescribed in Piece Rate Orders issued by
                                                      DOLE.
What are the so-called 13th-Month                     2. Those who are paid output rates which are
“equivalents”?                                        prescribed by the employer and are not yet
- X'mas bonus                                         approved by the DOLE.
- mid-year bonus
- cash bonus                                          What are the benefits payable to Piece-rate
- other payments amounting to not less than 1/12      workers?
of the basic salary                                   1. The applicable statutory minimum daily rate
                                                      2. Yearly service incentive leave of five days with
What are not considered equivalents?                  pay
> cash and stock dividends                            3. Night Shift Differential pay
  > COLA                                              4. Holiday pay
  > other allowances regularly enjoyed by the         5. Meal and rest periods
employee                                              6. Overtime pay (conditional, when a DOLE
  > non-monetary benefits                             Order was issued prescribing their output rates,
  > X'mas gift given in settlement of a               daily earnings must amount to the applicable
dispute(e.g. share in tuition fee increase claim).    statutory minimum daily wage.)
this is not an equivalent since the aim of PD 851     7. Premium pay (ibid)
was to uniformly provide workers additional           8. 13th-month pay
income because their wages for 12 months was          9. Other benefits granted by law, by individual or
inadequate.                                           collective agreement or company policy or
                                                      practice.
Who are workers paid by results?
- These are workers whose pay is calculated not       CHAPTER III- PAYMENT OF WAGES
on the basis of time spent on the job but of the
quantity and quality or the kind of work they turn    Is keeping of payroll by every employer
out. They shall receive not less than the             mandatory?
applicable minimum wage rates for eight hours         Yes. It is provided for by the implementing rules.
work a day, except where a payment by result          Among other things, it must show the length of
                       LABOR STANDARDS FINALS REVIEWER
                                      -6-
time to be paid, the pay rate, the amount actually     Exception:
paid. The employee should sign the payroll.                  1) Force majeure (then give it to another
                                                       person with written authority) or other special
How shall wages be paid?                               circumstances as determined by secretary of
- By means of legal tender.                            labor.
Exception: Check or money order                              2) Death of worker (give it to the heirs
     a) if customary on date of effectivity of         without need of intestate proceedings. Claimants
Code                                                   only need to execute an affidavit that they are the
     b) necessary due to special circumstances         only heirs)
     c) stipulated in CBA
                                                       What is “contracting” or “subcontracting”?
How often shall it be paid?                            - It as an arrangement whereby a principal
1) Once every 2 weeks or                               agrees to put or farm out with a contractor or
2) 2x per month at intervals not exceeding 16          subcontractor the performance or completion of a
days                                                   specific job, work or service within a definite or
     Exception: force majeure/circumstances            predetermined period, regardless of whether
beyond control                                         such job, work or service is to be performed or
                                                       completed within or outside the premises of the
When is it permissible to pay wages in a               principal as hereinafter qualified.
place other than in the workplace?
1. When payment cannot be effected at or near          What are the four features of a legitimate
the place of work by reason of the deterioration       contracting?
of peace and order conditions, or by reason of         1. Parties
actual or impending emergencies caused by fire,        2. Specific Job
flood, epidemic or other calamity rendering            3. Period
payment thereat impossible                             4. Location
2. When the employer provides free
transportation to the employees back and forth         What is “Trilateral Relationship” in legitimate
3. Under any other analogous circumstances;            contracting?
provided that the time spent by the employees in       - This is characterized by the presence of three
collecting their wages shall be considered as          parties involved in a legitimate contracting. The
compensable hours worked.                              principal which decides to farm out a job or
                                                       service to a contractor or subcontractor; the
N.B. NEVER - at bar, night or day club, drinking       contractor/subcontractor which has the
place, gambling place except as to its                 capacity to independently undertake the
employees.                                             performance of the job, work or service; and the
                                                       contractual workers engaged by the
Is payment through banks allowed?                      contractor/subcontractor to accomplish the job,
Yes. Upon written permission of the majority of        work or service.
the employees or workers concerned, all private
establishments, companies, business, and other         Will an employer-employee relationship exist
entities with 25 or more employees and located         where the contracting arrangement is not
within one kilometer radius to a commercial,           legitimate?
savings or rural bank. (Sec. 7 RA 6727, Wage           Yes. The contracting is not lawful, not legitimate,
Rationalization Act)                                   if it is labor-only contracting or if the arrangement
  In relation to this, by virtue of a labor advisory   is otherwise considered unlawful for being
dated November 25, 1996, payment of wages              against public policy. In this situation, the so-
through ATM is allowed.                                called contracting arrangement will have to be
                                                       disregarded for the purpose of establishing an
To whom shall the wages be paid?                       employer-employee relationship.
- To worker, directly.
                      LABOR STANDARDS FINALS REVIEWER
                                     -7-
What is Labor-only contracting that is               in the termination of regular employees and
prohibited by law?                                   reduction of work hours or reduction or splitting of
It refers to an arrangement where the contractor     the bargaining unit.
or subcontractor merely recruits, supplies or        2. Contracting out work with a cabo (cabo refers
place workers to perform a job, work, or service     to a person or groups of persons or to a labor
for a principal.                                     group which, in the guise of a labor organization,
                                                     supplies workers to an employer, with or without
What are the elements of Labor-only                  any monetary or other consideration whether in
contracting?                                         the capacity of an agent of the employer or as an
a. The contractor or subcontractor does not have     ostensible independent contractor.)
substantial capital or investment which relates to   3. Contracting with an in-house agency
the job, work or service to be performed and the     4. Contracting by reason of a strike or lockout
employees recruited, supplied or placed by such      5. Contracting that constitutes unfair labor
contractor or subcontractor are performing           practice under Article 248
activities which are directly related to the main
business of the principal or                         Give examples of Independent Contractor.
b. The contractor does not exercise the right to     1. Dealers.- i.e. Softdrinks distributors
control over the performance of the work of the      2. Commission Agent
contractual employee.                                3. Those engaged in Messengerial/Janitorial
                                                     Service
What is “substantial capital or investment”?         4. Independent Operator
It refers to capital stocks and subscribed
capitalization in case of corporations, tools,       What is the nature of the liability of the
equipment, implements, machineries and work          principal for money claim of the contractor’s
premises, actually and directly used by the          employees?
contractor or subcontractor in the performance or    It is solidary. The principal is deemed as the
completion of the job, work or service contracted    direct employer of the contractual employees and
out.                                                 therefore solidarily liable with the contractor or
                                                     subcontractor for money claims. In addition, the
What is “right to control”?                          principal shall also be solidarily liable in case the
It refers to the right reserved to the person for    contract     between       the      principal    and
whom the service of the contractual workers are      contractor/subcontractor is preterminated for
performed, to determine not only the end to be       reasons not attributable to the fault of the
achieved, but also the manner and means to be        contractor or subcontractor.
used in reaching that end.
                                                     Is the rule on solidary liability of principal
Does “exclusive servicing” necessarily mean          absolute?
being under the control or employment of the         No. Liability is only for the failure to pay the
entity being served?                                 minimum wage or the service incentive leave or
No. The relationship may still be classified as      other benefits derived from or provided for byu
independent contractorship because the element       law, if the liability is invested with punitive
of control is absent. (i.e. insurance agents, as     character, such as an award for backwages and
they are barred from serving more than one           separation pay because of an illegal dismissal of
insurance company.- Insular Life Insurance Co.       the contractor’s employee, the liability should be
vs. NLRC)                                            solely that of the contractor in the absence of
                                                     proof that the principal conspired with the
 Give examples of varieties of prohibited            contractor in the commission of the illegal
labor-contracting being against public policy.       dismissal.
1. Contracting out of job, work or service when
not done in good faith and not justified by
exigencies of the business and the same results
                      LABOR STANDARDS FINALS REVIEWER
                                     -8-
What are the rights of Contractual                  2. Check-off of union dues, where there is
Employees?                                          individual written authorization
1. Safe and healthful working conditions            3. Where Secretary of Labor allows it under its
2. Labor Standards such as service incentive        regulations (Art. 113)
leave, rest days, OT pay, holiday pay, 13th month
pay and separation pay                              Others:
3. Social security and welfare benefits             4. Deduction for value meals and other facilities
4. Self-organizations, collective bargaining and    5. In cases where employee is indebted to the
peaceful concerted action.                          employer
5. Security of tenure                               6. In court awards, wages may be subject of
                                                    execution or attachment, but only for debts
What are the terms and conditions which             incurred for food, shelter, clothing and medical
must be included in the contract between            attendance
contractor or subcontractor and contractual         7. Withholding tax
employee?                                           8. Salary deduction of a member of a legally
1. The specific description of the job, work, or    established cooperative
service to be performed                             9. SSS, Medicare and Pag-ibig contributions
2. The place of work and terms and conditions of
employment, including statement of the wage         Suppose you have taxi drivers. They are
rate applicable to the individual contractual       required to make a P15 deposit for
employee                                            deficiencies in their boundary payments
3. The term or duration of employment, which        every day. Is this Valid?
shall be co-extensive with the contract of the      No. Art. 114 allows deposits only when the
principal and contractor, or with the specific      employer is engaged in such trades, occupations
phase for which the contractual employee is         or businesses where the practice is recognized,
engaged.                                            or necessary or desirable. Under Art. 114, the
                                                    deposit must be for damage or loss to tools,
Is the contractual employee entitled to             materials or equipment of the employer. Not to
separation pay after expiration of the contract     shortages in remittance of the boundary.
between principal and contractor or
subcontractor?                                      What if the taxi company requires the drivers
No, but this is without prejudice to completion     to wash their cabs after their duty. Or,
bonuses or other emoluments, including              instead, to deposit P20.00 to be paid to one
retirement pay as may be provided by law or in      who cleans the unit?
the contract.                                       The practice was to have them clean the cars -
                                                    restore it to its condition prior to his use. That
Is the award of attorney’s fees absolute?           was part of their duties. The P20.00 was used to
No. Lawyers from PAO of DOJ are disqualified        pay the cleaner if they did not do it themselves.
from being awarded attorneys fees.                  That is lawful. (Five-J Taxi vs. NLRC)

Is the employer allowed to interfere in the         I dismiss you from work. I do not give you
employee’s disposal of wages?                       your wages until you make a report of all your
No. Art. 112                                        pending jobs. Valid?
                                                    NO. Art. 116 - It shall be unlawful to withhold any
CHAPTER IV. PROHIBITION REGARDING                   amount from wages of a workers or induce him
WAGES.                                              to give it up by force, stealth, intimidation or other
                                                    means without his consent. But if he has
What are deductions allowed by law?                 outstanding loans to the company, you can set it
1. Where the worker is insured by employer with     off.
his consent - to pay premium
                      LABOR STANDARDS FINALS REVIEWER
                                     -9-
You work in my company. My company has a             N.B. You can have different wages based on the
small store for its employees. Can I offer you       industry. That is why minimum wages of
discounts if you buy from the company                agricultural labor are different from those of non-
store? YES, provided there is no compulsion.         agricultural labor. Public hearing should be
(Art.112)                                            conducted.

Can I require you to buy from store at a             A wage order may use two methods in fixing
discount?                                            wage rates, what are they?
NO. No employer shall limit or interfere with the    a) The floor-wage method : Fixing a determinate
freedom to dispose of wages. You cannot be           amount to the minimum wage
compelled to purchase from the employer or any       b) The salary ceiling method: a wage adjustment
person or use their services. (Art. 112)             to all employee receiving a certain denominated
                                                     salary ceiling
You work beside a casino. (That is the
location of your employer). The company is           Illustrations:
told by your wife that you are gambling your         To illustrate, suppose, the present minimum
earnings away. So what it does, it pays 50%          wage in NCR is P185.00 per day. A wage order
of your wages to you in cash and gives your          was granted increasing the minimum wage by
wife 50% by means of a check. Valid?                 P15.00. If your wage rate before the order took
NO. 1. Wages must be paid directly to the            effect was P190.00, you would be entitled to
worker.                                              receive only an additional P10.00 so that you will
  2. This constitutes interference in disposal of    meet the new minimum. If you are already
wages.                                               receiving the new minimum of P200.00, you get
                                                     no salary hike (except of course, if there is a
CHAPTER V- WAGE STUDIES, WAGE                        wage distortion). This is an example of the floor-
AGREEMENTS AND WAGE DETERMINATION                    wage method - an increase in the minimum wage
                                                     and nothing else.
Who shall primarily fix wages?
The Regional Wage Boards, appealable to the             However, suppose that the wage order states,
National Tripartite Wages and Productivity           in addition, that all employee receiving below
Commission.                                          P210.00 daily will receive an across-the-board
                                                     wage increase of P20.00. Then, if you are
What are the criteria for fixing of wages?           receiving P200.00 per day, you will be entitled to
(WALDIN’S FEE) (Art. 124)                            receive such wage hike. Your new salary will
1. Prevailing Wage Levels                            therefore be P220.00 per day. On the other hand,
2. Wage Adjustment vis-à-vis the consumer            if you are receiving P210.00 per day, you are not
price index                                          covered by the wage hike since you fall outside
3. Cost of Living and changes or increases           the bracket (P185.00 [minimum wage] until
therein                                              P210.00). This is an example of the salary-ceiling
4. Demand for living wages                           method.
5. Need to spur industries to invest in
countryside                                          N.B. Wage orders shall be issued by Regional
6. Needs of workers and their families               Wage Boards. Their orders take effect within 15
7. Improvement in Standards of living                days from their publication in a newspaper of
8. Fair return on capital invested and capacity to   general circulation.
pay of employers
9. Effects on employment generation and family       You can initiate a proceeding for a wage hike
income                                               by filing a petition with the Wage Board.
10. Equitable distribution of income and wealth      What if you don't? Does that mean the wages
                                                     won't increase?
                      LABOR STANDARDS FINALS REVIEWER
                                     - 10 -
No. . The Wage Board can act on its own. As          wage increases higher than the minimum legal
Art. 133 says: Whenever conditions in the region     rates. But where rules implementing a wage
so warrant, the Regional Board shall investigate     order prohibit such crediting, they would be
and study all pertinent facts and determine when     invalid.
a wage order should be issued.
                                                     What is wage distortion?
Suppose the Wage Board issues a Wage                 A situation where:
Order. You are an owner of a factory. Can              an increase in prescribed wage rates (WAGE
you appeal?                                          ORDER)
Yes. "Any aggrieved party” may appeal. You             results in elimination or severe contraction of
have 10 calendar days to so appeal. You appeal       intentional qualitative differences in wage or
to the NWPC.                                         salary rates
                                                       between or among employee groups in an
What happens to the Wage Order pending the           establishment
appeal?                                                as to effectively obliterate the distinction
It is not suspended unless you file a bond/surety    embodied in such wage structure
for payment of employees affected by the order         based on skills, length of service or other
the increase, in the event such order is affirmed.   logical bases of differentiation.

Suppose you apply for exemption and the              For example, A, a rank and file worker receives
application is denied?                               P185 per day. (This is the prevailing minimum
You have to pay 1% interest to the workers.          wage.)
                                                            B, a supervisor, receives P200 per day.
Sometimes a Wage order has provisions on               A wage order is issued, raising the minimum
crediting. What does that mean?                      wage by P15.00.
  It is a provision which states that if, within a     A would thus now receive P200.00, while B
stated period prior to effectivity of the Wage       would not be entitled to receive anything since he
Order (usually 60 days), the employer granted a      still meets the new minimum rate. B will now
wage increase, then you can credit the wage          complain, since he is receiving the same as a
increase under the wage order.                       rank-and-file employee, who has lower rank and
                                                     skills. He would be right, for there would now be
  For example, the company gave all workers an       a wage distortion. This must be remedied.
across-the-board increase of P10. One month
later, a Wage Order was passed allowing for
crediting of benefits given by the company within    CASE:
the last 2 months. The Wage order provided for       In Metrobank Employees Union vs. NLRC, the
a P15 wage increase to all workers.                  bank gave a P900.00 monthly wage hike to
                                                     supervisory employees. Because of a P25.00 per
 If you will apply the provision on crediting, the   day wage hike under R.A. 6727, the P900.00
only increase you will get in wages after the        difference was reduced to P150.00 per month.
Wage Order took effect is P5.                        There were two questions:
                                                     1. Was there a wage distortion?
ex: Original Wage:     P170                          2. If so, how should it be remedied?
    Management Increase: 180 (170+ 10)
    Wage Order:        185                           1. The NLRC said there was none. While there
                                                     was a noticeable decrease in the wage gap, it
Is this type of provision valid?                     was not so insignificant to obliterate or result in
In Apex Mining Corp. v NLRC, the Supreme             severe contraction of intentional qualitative
Court said yes. CBAs can also allow for              differences.
crediting. These are grounded on an important          The SC said that the NLRC was wrong. The
public policy - to encourage employers to grant      law did not require an elimination or total
                       LABOR STANDARDS FINALS REVIEWER
                                      - 11 -
obliteration of salary differences. A severe
contraction is enough. In this case, the               N.B.
contraction went up to 85%.                            1. Wage distortion does not require elimination
                                                       or obliteration of the wage gap. A severe
2. How do you remedy this? The Arbiter ordered         contraction is enough.
the company to pay the affected employees the          2. A government mandated wage increase may
total amount of the P750.00 reduction. One             result from a merger or CBA-negotiated increase
NLRC Commissioner suggested this formula               for one group.
whish was sustained by SC:                             3. Bonuses, which are gratuitous in nature,
                                                       should not be considered in determining whether
Distortion Adjustment= minimum wage/actual             or not there is a wage distortion (since it is out of
salary(%) x Prescribed wage increase                   generosity, you cannot claim wage distortion,
                                                       otherwise, you'd be demanding for a gift)
PROBLEM: A CBA was entered with the rank
and file. The rank and file were given a wage          How do you remedy a distortion?
increase of P500/month. The supervisors, who           a) If there is a CBA: grievance procedure
by company practice are given salary increases                 If not settled, go to voluntary arbitration
received nothing. They now claim there is a wage       b) If there is no union or CBA: negotiations
distortion. Is there?                                          If not settled, NCMB may assist.
Yes. The granting of corresponding increases to               If not settled in 10 days, Labor Arbiter.
supervisory employees was a practice of the
company. It was not a bonus. A bonus is given          PROBLEM: Employees work around 10-12
as a reward for industry and loyalty. It is given in   hours (or 2-4 hours OT). Then, one day, there
addition to what is ordinarily granted. It is          was a wage distortion. They decided to
therefore not demandable as a matter of right          boycott OT. The company said, they are
(unless made part of wages).                           violating the no-strike/no-lockout provision.
                                                       That is illegal. Was it?
  This P550 the supervisors sought was not an          Yes. The law provides for a remedy in case of
incentive or an inducement. Neither was it             wage distortion (grievance or negotiations and
contingent on anything. It was based on a              VA). Strike (slowdown) is not allowed.
company practice of granting a salary increase to
supervisors when rank and file got an increase.        CHAPTER VI.            ADMINISTRATION            AND
This was designed to correct or minimize wage          ENFORCEMENT
distortion.
                                                       If an employee is not receiving the proper
NFL vs. NLRC laid down some important                  benefits under the provisions of the labor
principles of wage distortion, what are they?          code, what are the remedies?
1. It assumes an existing group of employees
which establishes distinctions on some relevant        The Labor Code provides for two possible
basis. (You have a group of workers. You               actions:
differentiate groups within them based on some         a) VISITORIAL AND ENFORCEMENT POWER
relevant grounds - ex: age, seniority, rank, skill     (Art. 128) - This is composed of the :
required)                                              i. VISITORIAL POWER: The power of the
2. They often result from government decreed           Secretary of Labor (or his representative) to
wage increases. But they may also increase from        inspect and investigate the employer’s premises
other causes such as merger.                           and records to determine violations of the law (or
3. If there is a wage distortion, you do not have      any other matter to aid in enforcement of the
to fix it by giving exactly the same amount. It's      Code or labor laws).
enough that you re-establish a substantial gap.                The Labor Inspection Officers may
4. You resort to grievance or collective               therefore enter the company premises whenever
bargaining.                                            there is work being undertaken and conduct an
                        LABOR STANDARDS FINALS REVIEWER
                                       - 12 -
inspection. They may interview workers and look          that : there is a need to examine evidentiary
at your books, payrolls and other documents.             matters not verifiable in the ordinary course of
  This power of inspection cannot be obstructed          inspection. Now, the rule has been relaxed
by the employer (upon pain of criminal                   somewhat - all that is needed is to support one’s
prosecution for a violation of the Labor Code).          contest of the findings with documentary proofs
Nor can a TRO or an injunction may be issued or          not considered during the inspection.
any case be entertained by any court over the              For example, there is a finding that the
case for non-compliance.                                 employer paid less than the minimum wage. You
                                                         claim that the labor officer did not look at the
ii. ENFORCEMENT POWER: If he or she                      proper payroll when he made his findings. You
discovers that there are violations, then the            present the proper payroll in your contest. This
enforcement power will come into play. The               was verifiable in the normal course of inspection
Regional Office is empowered to issue a                  and previously should still have been within the
compliance order stating the findings and                Secretary’s jurisdiction. But today, it will be
requiring the employer to make good the wage             removed from the Secretary’s jurisdiction
deficiencies, for example or cease and desist            because the documents you are now presenting
from requiring the employees to work overtime            are documentary proofs not considered during
for 8 hours everyday. A writ of execution may be         the inspection.
issued here.                                               However, if all you are contesting is the
                                                         computation of wage differentials, then that does
• Under this power, an order for stoppage of             not involve new evidence not covered by the
work may be issued where it is shown that non-           inspection.
compliance with labor laws poses a grave and
imminent danger to health and safety of workers          b) ADJUDICATORY POWER (Art. 129) - The
in the workplace. A hearing should be conducted          Regional Director (or a hearing officer) may
within 24 hours to determine if the suspension           entertain a complaint for recovery of wages or
should be lifted. If the violation was due to the        other monetary claim or benefit.
fault of the employer, then it shall be liable for the
workers’ wages during the suspension of                  • This is different from the enforcement power
operations.                                              stated earlier, which arises from an inspection.

• Note, however, that it is required that there still       This is subject to a number of requisites:
be an employer-employee relationship before this
can be exercised (Art. 128[b]). If the company           i. The complaint does not include a claim for
has closed down, obviously, the establishment            reinstatement.
can’t be inspected. If the company closes down           ii. The aggregate claim of EACH WORKER
after the inspection, the Regional Office cannot         (complainant) does not exceed P5,000.00
issue a compliance order. The case shall have to         including legal interest.
be referred to the Labor Arbiter.                        iii. The claim is presented by an employee or
                                                         person in domestic or household services.
• Likewise, even if the Regional Office has              iv. The claim arises from employer-employee
acquired jurisdiction over the case, he may lose it      relations.
if:
1. The employer contests the findings of the             TITLE III. WORKING CONDITIONS FOR
labor enforcement and employment officer;                SPECIAL GROUPS OF EMPLOYEES
2. He raises issues thereon supported by
documentary proof;                                       CHAPTER I. EMPLOYMENT OF WOMEN
3. Such documentary proofs were not
considered in the course of inspection.                  What are some rights granted and
    This provision was amended by R.A. 7730              prohibitions or measures of protection to
(June 2, 1994), which changed the requirement            women imposed by the Labor Code?
                       LABOR STANDARDS FINALS REVIEWER
                                      - 13 -
                                                          Prohibited acts:
PROHIBITIONS/ PROTECTIVE MEASURES                      i. Denial of benefits to women;
                                                       ii. Dismissing the woman to deny her the
a) NIGHTWORK PROHIBITION                               benefits.

  Women may not be made to work, even with             e) Discrimination due to pregnancy
their consent, in the following:
1. Industrial establishment - between 10 p.m. -           Prohibited acts:
6:00 a.m.                                              i. Discharging due to pregnancy
2. Commercial/Non-industrial establishment -           ii. Discharging while on leave due to pregnancy
between 12 midnight - 6:00 a.m.                        iii. Discharging or refuse to readmit woman for
3. Agricultural establishment - must be given a        fear of her becoming pregnant again.
rest period of 9 consecutive hours
                                                       What are the facilities to which women
  EXCEPTIONS:                                          employees are entitled?
1. Emergency, Force Majeure, Imminent danger           1. Provide seats proper for women
to public safety                                       2. Establish separate toilet rooms and lavatories
2. Urgent work to be performed on machines,            3. Establish a nursery
installations and equipment                            4. Determine appropriate minimum age and other
3. Prevent loss to perishable goods                    standards for retirement or termination in special
4. Responsible position of managerial/technical        occupations. (Art. 132)
nature
5. Work in health & welfare service                    What are the qualifications for entitlement to
6. Work needs manual skill and dexterity of            maternity benefit?
women which men cannot perform with equal              1. Employed at the time of delivery, miscarriage
efficiency                                             or abortion
7. Family business                                     2. Must be given the required notification to the
8. Analogous cases as determined by Secretary          SSS thru her employer
of Labor                                               3. Employer must have paid at least 3 months of
                                                       maternity contributions within the 12-month
b) No discrimination on account of sex                 period immediately before the semester of
                                                       contingency.
   Examples:
i. Giving women less pay than men for work of          Is it required that the pregnant woman be
equal value                                            married?
ii. Favoring male as to promotion, training or         No.
study opportunity
   This shall give rise to criminal liability, apart   Is the ten-day “battered woman leave”
from civil liability.                                  cumulative and convertible to cash?
                                                       No. (RA 9262)
c) No stipulations against marriage:
                                                       What is sexual-harassment?
    Also prohibited:                                   It is committed through: (1) making sexual favors
  considering woman as resigned upon marriage,         as a condition in employment, re-employment or
or                                                     continued employment; or (2) granting better
  dismissing woman due to marriage.                    terms and conditions or refusing to grant the
                                                       same or (3) segregate or classify the employee
d) No denial of benefits under Labor Code to           such that she would be discriminated against,
women:                                                 deprived of employment opportunities or if those
                                                       would be diminished, or (4) otherwise adversely
                                                       affect the employee.
                      LABOR STANDARDS FINALS REVIEWER
                                     - 14 -
                                                     solely runs, that is illegal since your morals and
CHAPTER II- EMPLOYMENT OF MINORS                     normal development are put in danger.

What are considered hazardous workplaces?            N.B. That the parent or guardian must provide
(a) Where the nature of the work exposes the         you with the prescribed primary or secondary
workers to dangerous environmental elements,         education. So if you work entails you to travel all
contaminations or work conditions including          the time, the question is, is your parent or
ionizing radiations, chemicals, fire, flammable      guardian able to supply this.
substances, noxious components and the like.
(b) Where the workers are engaged in                 PROBLEM: There is a movie outfit. The
construction work, logging, fire-fighting, mining,   company is shooting a movie in which one of
quarrying, blasting, stevedoring, dock work,         the scenes is the actress gives birth to a
deep-sea fishing and mechanized farming.             tiyanak. They need a newly-born baby for
(c) Where the workers are engaged in the             this scene. Can they hire your child?
manufacture or handling of explosives and other      Well, it seems his participation is essential in
pyrotechnic products.                                public entertainment.           As long as the
(d) Where the workers use or are exposed to          parents/guardian sign it, and the DOLE approves
heavy or power-driven machinery or equipment.        it, it is all right. Just ensure that the baby's life,
(e) Where the workers use or are exposed to          health or safety is not endangered.
power-driven tools.
                                                     PROBLEM: There was an ad for been a few
See Codal for other legal requirements.              years ago. It was entitled "Hero Worship". A
                                                     movie star walks into a narrow alley with lots
PROBLEM: For example, you are a child of 10          of shady people around. A boy, around 8
years old. Your mother manage the family             years old, follows him around. At the end, we
sari-sari store located at the front of your         see the star drink beer with the boy looking
house. When your mother cooks the food for           up to him. Valid?
lunch and dinner, she leaves you behind to           It is possible they needed a child for that ad due
mind the store. Valid?                               to the storyline but, there is an absolute
YES. Your work under the sole responsibility of      prohibition: “IN NO CASE shall he/she be
your parent and only members of your family are      employed in commercials or ads promoting
employed.                                            alcoholic beverages, intoxicating drinks, tobacco
                                                     and its by-products, and violence.”
PROBLEM: Supposing your mama hired
someone to mind the store. But since it grew,          Note, this refers only to ads. What about
she asks you to help. Valid?                         violent movies? It would pose a threat to his
No. Others are employed.                             morals, especially if he is part of the violent
                                                     scenes.
PROBLEM: Suppose you have a family
business. You live along the seacoast so             PROBLEM: Suppose you hire, in your shop, a
your father has a middle-size fishing vessel.        girl of 16 years. Can you say, “since you are
You are 12 years old. He makes you come              young, I am helping you out - I am giving you
along on fishing voyages, dive down into the         your first job. But since you are young, you
water and use muro-ami to scare the fish into        cannot perform the work an adult is capable
the net. Valid?                                      of. I will therefore pay you only P150.00 a
NO. There is danger to your life, health and         day.”?
safety.                                              No. That is void. There is a prohibition of
                                                     discrimination against a person as to terms and
 In the same manner, if your father makes you        conditions of employment due to age. She is
work in a Disco Pub which the family owns and        entitled to the minimum wage.
                      LABOR STANDARDS FINALS REVIEWER
                                     - 15 -
                                                      b) Opportunity for education: If the domestic is
Chapter III- Employment of Househelpers               under 18 years of age, he or she should be given
                                                      an opportunity for at least an elementary
Who are domestics/househelpers?                       education. The cost of this shall be part of the
Anyone performing services in the employer’s          compensation, unless they agree otherwise.
home which is usually necessary and desirable in      c) Just and humane treatment. No physical
the maintenance and enjoyment thereof. This           violence shall be used upon him or her.
includes ministering to the personal comfort and      d) Certification of employment.
convenience of the members of the employer’s
household, including services of family drivers.      Chapter IV- Employment of Homeworkers

What are they entitled to?                            What is a homeworker?
a) Minimum wage                                       The law refers to them as "industrial
(NOTE: This refers to basic cash wage. You            homeworkers" which, under the law, is defined as
cannot deduct from this the cost of lodging, food     a system of production under which work for an
and medical attendance)                               employer/contractor is carried out by a
b) SSS coverage IF salary is at least P1,000 a        homeworker at his/her home. Materials may be
month                                                 furnished them. Unlike factory production, there
c) Free board, lodging and medical attendance         is little supervision.
(adequate food and medical attendance)
d) Hours of work: No compulsory work over 10          Who is an employer of a homeworker?
hours a day (Art. 1695 of Civil Code)                 It includes any person, natural or artificial who,
e) Leave: Four days’ vacation leave every             for his account or benefit, or on behalf of any
month with pay (this is actually the equivalent of    person residing outside the country, directly or
one rest day a week). If unused, this is              indirectly, or through an employee, agent
commutable to its cash equivalent. (Art. 1695 of      contractor, sub-contractor or any other person:
Civil Code)
f) Funeral expenses if worker dies in service of      1. Delivers, or causes to be delivered, any goods,
employer. (Art. 1696 of Civil Code). If domestic      articles or materials to be processed or fabricated
has no relative with sufficient means in place        in or about a home and thereafter to be returned
where the head of the family lives.                   or to be disposed of or distributed in accordance
                                                      with his directions; or
What are the Rights of domestics?
a) Limited security of tenure: The Labor Code         2. Sells any goods, articles or materials to be
provides that the original contract shall be for a    processed or fabricated in or about a home and
period of not more than 2 years. It may be            then rebuys them after such processing or
renewed after that under whatever terms the           fabrication, either by himself or through some
parties want. The right varies according to           other person.
whether or not the term is fixed:
                                                      BOOK FOUR
i. If the term of employment is fixed, the domestic   HEALTH, SAFETY AND SOCIAL WELFARE
may be terminated only for just cause.                BENEFITS
       In case of unjust dismissal, the domestic      Title  I  MEDICAL,   DENTAL   AND
shall get -                                           OCCUPATIONAL SAFETY
   salaries already earned
   plus 15 days by way of indemnity                   Chapter I MEDICAL AND DENTAL SERVICES
   (Likewise, if the domestic leaves without cause,
he or she shall lose the earned salaries)             See Codal Provisions (156-161)
ii. If the term is not fixed, either party. may end
the employment by 5 days’ notice (for any cause)      Chapter II OCCUPATIONAL HEALTH AND
                                                      SAFETY (See Codal Arts. 162-165)
                      LABOR STANDARDS FINALS REVIEWER
                                     - 16 -
Title II-EMPLOYEES’ COMPENSATION AND                  What is the State Insurance Fund?
STATE INSURANCE FUND                                  This is a fund built up by the contribution of
                                                      employers based on the salaries of their
Chapter I-POLICY AND DEFINITIONS                      employees. The injured worker does not have to
                                                      litigate his right to compensation, because this
What is Workmen’s Compensation?                       shall answer for the expenses.
It is a general and comprehensive term applied to
those laws providing for compensation for loss        What is the presumptive compensability for
resulting from the injury, disablement, or death of   AFP Members and Policemen?
workmen through industrial accident, casualty, or     It provides that the moment an AFP member
disease.                                              suffers a contingency, the presumption is that it is
                                                      because of the nature of his work, provided that
What is “compensation” under the                      the evidentiary details of his injury or death are
Workmen’s compensation statute?                       clearly established.
It means the money relief afforded according to
the scale established under the statute, as           What are the grounds that need to be
differentiated from “compensatory damages”            satisfied for an injury and the resulting
recoverable in an action at law for breach of         disability or death to be compensable?
contract or for a tort.                               1. Employee must have been injured at the place
                                                      where his work requires him to be
What are the general purposes of workmen’s            2. Employee must have been performing his
compensation legislation?                             official functions
1. To improve the economic status of the workers      3. If the injury is sustained elsewhere, the
2. To obviate the uncertainties, delay, expense       employee must have been executing an order for
and hardship attendant upon the enforcement of        the employer
court remedies
3. To transfer from the worker to the industry in     What is Principle of Proximate Cause?
which he is employed and ultimately to the            The PRINCIPLE OF PROXIMATE CAUSE
consuming public a greater proportion of the          means: if the primary injury arose in the course
economic loss due to industrial accidents and         of employment, every natural consequence
injuries                                              thereof arose out of employment unless there is
4. To improve the relations between employers         an independent intervening cause due to the
and employees by avoiding or reducing the             employee's negligence or misconduct.
friction incident to litigation
5. To provide not only for employees a remedy           For example, a pregnant teacher slips while
which is both expeditious and independent of          teaching and falls on the floor. Then she gets
proof of fault, but also for employers a liability    pain in the stomach and in the abdomen. Then
which is limited and determinate.                     she has a premature delivery. Then she still
                                                      suffers from abdominal pain. Then, because she
What are the two classes of source of                 was poor, and had to have her premature
compensation?                                         delivery in her home, she died from infected
1. Direct payment statute- which provide for the      lacerations in her vagina.
payment of the compensation by the employer
directly to the employee                                This is Compensable. The fall was the
2. Insurance Statute- requires the employer to        proximate cause. It set in motion a chain of
take out insurance either with an insurance           events leading to her death. Even if she would
bureau operated by the state or with a private        probably have lived if she delivered in a hospital,
company.                                              her poverty, due to her low income as a teacher,
                                                      forced her to scrimp on her money.
                      LABOR STANDARDS FINALS REVIEWER
                                     - 17 -
For example, you are a soldier on overnight            4. over the natural, practical, customary and
pass. You are killed due to the accidental           recognized way of ingress and egress
discharge of a fellow soldier's rifle. Is that         5. on land under the employer's control or
compensable?                                         adjacent property with his consent
YES. Even if on overnight pass, we cannot
literally apply the concept of workplace to a          For example, you are coming home on a
soldier. A soldier is on duty 24 hours a day. He     sidewalk that is normally used in leaving the
is subject to call at all times, except when on      factory. You are run over by a car. To a limited
vacation leave. He is therefore presumed on          degree, that sidewalk is part of the premises.
official duty unless he has clearly set aside that
status (e.g. VL)                                       If you are walking home from the gate, on the
   In the same manner, a policeman, even if not in   roadway out of the company, 20 m. from the gate
uniform, if while he is delivering his son to the    and 2 min. after work, that is work-connected
station for a crime the son committed and is hurt    injury.
in the process, is still covered.
   The “24-Hour Doctrine” requires work-               IN SHORT, you include a reasonable margin of
connection. Although not on official line of duty    time and space to be used in passing to and from
but performs basically police service in character   the place of work.
comes within the doctrine.
                                                     SOME SC RULINGS:
What is the GOING TO or COMING FROM                  The Supreme Court has been very liberal in
WORK Rule?                                           applying this rule. As long as you were on your
In relation to "workplace", we have the coming       way to work or at a certain place when the injury
and going rule. As stated in Iloilo Dock and         occurred, that is covered because you would not
Engineering Co. v. WCC (26 SCRA 104), the            have been hurt were it not for your work.
coming and going rule says if you are going to
work or coming home from work, you are not            For example, a high school principal, while
covered by Employee’s Compensation(EC). But          waiting at the bus stop early morning to go to
there are 4 exceptions:                              work, is run over by a van. Covered.

  1. You are coming/going to work on the               You work Over Time then, on your way home,
employer's premises                                  the jeep you're riding in turns turtle. That is
  2. You are about to enter or leave the premises    covered. There is still reasonable distance.
through the exclusive or customary means of
ingress and egress                                     You are driving your motorcycle on the way to
  3. You are charged with some duty or errand        work. It skids and you fall and hit your head on a
on the way home or from work (Special-Errand         bridge rail. You are covered since you were on
Rule)                                                your way to work.
  4. The employer provides means of transport to
and from place of employment as an incident of         After work, you ride a bus home. You step on
employment.                                          the platform of a service truck, you slip, fall and
                                                     are run over by the truck. Covered. There is still
What is the ingress-egress or “proximity             a reasonable margin of time and space from the
rule”?                                               workplace.
The proximity rule says that if you are coming to
or going home from work, even if employee is off     In short, if you are accidentally injured at:
the actual work premises he is covered by EC,          1. a place reasonably proximate to the place
as long as:                                          of work
  1. he is in close proximity thereto                  2. while going to or coming home from work,
  2. proceeding diligently at an appropriate time      the injury is deemed to have arisen in the
  3. by reasonable means                             course of employment.
                       LABOR STANDARDS FINALS REVIEWER
                                      - 18 -
                                                       COMPENSABLE OR NOT?
What are incidents of employment?                      1. Where employee uses own vehicle which he
1. Acts of personal ministration for the comfort or    also uses in performance of duties-
convenience of the employee                            COMPENSABLE- arising our of and in the
2. Acts for the benefit of the employer (i.e. saving   course of employment
property of employer from an apparent danger)          2. Deviation form route, schedule or mode of
3. Acts done to further the goodwill of the            travel- COMPENSABLE if authorized
business                                               3. Injury during Employee-Sponsored Activities-
4. Slight deviations from work, from curiosity or      COMPENSABLE if the activity was fostered and
otherwise                                              encouraged by the employer to the end of
5. Acts in emergencies                                 efficiency of their service. The test is whether the
                                                       recreation was for the employee’s exclusive
What are acts of ministration?                         benefit or whether the employer had some
Those done by a person for the purpose of              interest in the activity.
satisfying the call of nature, such as: quenching         --This comes within the ambit of “SPECIAL
his thirst, relieving himself by way of urination or   ENGAGEMENT RULE”, which is one of the
excretion , etc.                                       exceptions to the “DIRECT PREMISES RULE”.
                                                       This rule covers activities which by its
Is an injury received at a union meeting held          consistency and regularity have become an
during a lunch period compensable?                     incident of the employment, i.e. ball games
No. It not an injury arising out of and in the         regularly played on employer’s premises after
course of his employment.                              work.
                                                       4. Accidents arising from acts of God or force
Is work done at home compensable?                      majeure- NOT COMPENSABLE.
Yes, as long as it is in connection with the              Subject to the exception of POSITIONAL AND
performance of the duties of his employment and        LOCAL RISKS DOCTRINE- which provides that
where such work is done there pursuant to the          if an employee by reason of his duties is exposed
direction or the request of the employer but not       to a special or peculiar danger from the
where it is there performed voluntarily for the        elements, that is, one greater than that to which
employee’s own convenience or benefit.                 other persons in the community are exposed,
                                                       and an unexpected injury is sustained by reason
What is the EXTRA-PREMISES/SHUTTLE BUS                 of the elements, said injury is compensable.
RULE?
It provides that where the company which               What is the Dual Purpose Doctrine?
provides the means of transportation in going to       This considers as compensable, injury that an
and coming from the place of work is liable for        employee sustains while on a trip undertaken for
the injury sustained by employees while on board       the benefit of the employer even if in the course
said means of transportation. This is because the      thereof the employee pursues also a personal
company vehicle is an extension of its premises.       purpose.

Is injury sustained while living, boarding or          Is Assault an accident?
lodging on premises of employer or at                  Within the meaning of Workmen’s Compensation
working place compensable?                             Act it is. (i.e. assault arising from quarrel over
Generally yes, if it is incident to the nature of      work assignment.)
employment. On the other hand, the mere fact
that an employee was living on the employer’s          What are “increased risk jobs”?
premises is merely permissive and not required it      These are jobs increasing the risk of assault
is not compensable.                                    which include:
                                                       1. Jobs having to do with keeping or carrying of
                                                       money because of risk of robbery
                      LABOR STANDARDS FINALS REVIEWER
                                     - 19 -
2. Jobs having to do with keeping the peace or      What is the Theory of Increased Risk?
guarding property                                   This provides that if an ailment is not included in
3. Jobs which expose the employee to direct         the list of occupational diseases the claimant has
contact with lawless and irresponsible members      the burden of proving that the nature of the work
of community like bartender                         increased the risk of contracting the disease. He
4. Work as a bus or taxi driver or street car       must show proof of reasonable work-connection,
conductor.                                          not necessarily direct causal relation.
                                                      Degree of Proof is Substantial evidence.
When are acts within the sphere of
employment but carried out in violation of          (For definitions of terms refer to Art. 167)
some         employer-promulgated           rules
compensable?                                        Chapter II COVERAGE AND LIABILITY
1. Where the violation of the rule itself did not
bring about the cause of the accident               Is coverage in the State Insurance Fund
2. Where there was serious doubt that the           compulsory?
prohibition was known to the employees injured      It is compulsory upon all employers and their
3. Where the violations was not intentional but     employees not over 60 years of age: Provided,
due to carelessness or negligence                   That an employee who is over 60 years of age
                                                    and paying contributions to qualify for the
N.B. This is however without prejudice to Art.      retirement or life insurance benefit administered
172, such that the disability or death is not       by the System shall be subject to compulsory
compensable if caused by the employee’s             coverage.
intoxication, willful intention to injure or kill
himself or another, notorious negligence or if      Are Filipinos working abroad covered by the
otherwise excluded by law from coverage.            employee’s compensation law?
                                                    Yes.

What are compensable diseases?                      What is the “intoxication” contemplated in
To be a compensable disease, it must be listed      Art. 172 which will preclude compensation?
as an occupational disease, or if not listed, it    It consists in being under the influence of
must be proven that the risk of contracting the     intoxicating liquor to the extent that one is not
same is increased by work conditions. For           entirely himself or so that his judgment is
example, the following have been deemed             impaired and his act, words or conduct is visibly
occupational diseases:                              impaired.

-TB for teachers, drivers, land inspectors          PROBLEM: You are a soldier. You go drinking
- schistosomiasis for teachers in far-flung towns   with some friends. On your way back to camp,
- leprosy for workers at a skin clinic.             you pass a hanging bridge. You fall, hit your
- cataracts and glaucoma for x-ray machine          head and die. Compensable?
technician
-cataracts for construction worker (due to            YES. Even if you drank, you were not
exposure to heat and dust)                          EXTREMELY drunk. Intoxication which will bar
                                                    you from doing your work will not bar recovery,
What is an occupational disease?                    even if it contributed to the injury. A person may
It is one which results from the nature of the      drink a few bottles of beer, yet remain sober.
employment and by nature is meant conditions to
which all employees of a class are subject and      Is there an instance when suicide is
which produce the disease as a natural incident     compensable?
of a particular occupation.                         Yes. When the employer freely bound itself to a
                                                    contract which on its face makes it unqualifiedly
                                                    liable to pay compensation benefits for the
                      LABOR STANDARDS FINALS REVIEWER
                                     - 20 -
employee’s death while in its service, regardless    IF you fell because you wanted to kill yourself,
of whether or not it intended to make itself the     then the company will not be liable.
insurer in the legal sense of the employee’s life.
(NAESS Shipping Phil. v. NLRC)                       IF you fell because a co-worker put a banana
  In addition, suicide is also compensable in the    peel on the railing negligently, then the company
following cases:                                     is liable in a solidary capacity with the co-worker.
  1. When it results from insanity resulting from
compensable work injury                              IF, however, he pushed you into the vat, then he
  2. When it occurs during a delirium resulting      alone is liable, unless he was crazy and the
from compensable disease                             company admitted him to work knowing of his
                                                     insanity.
When is there notorious negligence?
That means more than simple or contributory          The question now is, can you recover against
negligence. It means a deliberate act to             the company, under the Civil Code and
disregard your own safety. Mere disobedience to      against the State Insurance Fund, under the
rules is not notorious negligence.                   Labor Code?

What are the primary considerations for not          The SC has held, in a number of cases, that you
finding notorious negligence?                        have to make the choice – Civil Code or ECC.
1. Lack of knowledge or awareness of the peril or    You cannot first claim under ECC, then, to get
the seriousness of the existing danger               more, sue the employer under the Civil Code.
2. The unexpectedness under the circumstances        BUT if the ECC rejects your claim, then you can
of the accident                                      try and sue under the Civil Code.

What instances have been held by SC as not           Can there be simultaneous recovery of
constituting notorious negligence?                   benefits under the Compensation Law and
- Failure to avoid a known danger by a laborer       SSS Law?
engrossed in work who momentarily forgets it.        Yes. (DOJ Opinion May 23, 1989)
- Failure to exercise incessant vigilance in
avoiding a known danger                              What if, while you were running an errand for
- Employee’s disregard of warning signs              your employer, you were run over by a drunk
                                                     driver. You are injured and claim from
For example, you are working in a vetsin-            Employees' Compensation. What can the
manufacturing plant. You fall into a vat of the      System do?
vetsin mixture. The fumes are very strong.           It can go after the drunk driver. If the System
You get dizzy and become unconscious. The            gets more than it paid you, the excess shall go to
vat is mixed and processed and you become            you or your dependents after deducting costs
mixed with the vetsin which will be sold in the      and expenses.
stores a month from now. What are the rules?
                                                     - No contract or device can operate to deprive
The general rule is the company is liable for        you of income benefits. So a CBA cannot state
damages due to your death.                           that it shall provide free hospitalization, with a
                                                     right to recover from the System.
IF you fell in the vat due to an accident, the
company is liable, even if you were careless. But,   Chapter III ADMINISTRATION
the damages may be lessened.
IF you fell into the vat because there was an        What are the three thrusts or components of
earthquake and the railing above it suddenly         the ECC Program?
gave way (fortuitous event), the company is still    1. Preventive Thrust. – The mission is to
liable under the Civil Code.                         minimize and control hazards in the working
                                                     environment.
                        LABOR STANDARDS FINALS REVIEWER
                                       - 21 -
2. Compensative Thrust.- The ECC through the
GSIS or SSS pays benefits to government and              What are rehabilitation services?
private sector workers who suffer work-                  These include a balanced program of remedial
connected contingencies.                                 treatment,     vocational   assessment       and
3. Curative Thrust.- The ECC does not only take          preparations designed to meet the individual
responsibility for the benefits due the workers but      needs of each handicapped employee to restore
also the treatment of sickness or injury as well as      him to suitable employment, including assistance
the rehabilitation of those who are disabled.            as may be within its resources to help each
                                                         rehabilitee develop his mental, vocational or
See Codal Provisions (Art. 176-182)                      social potential.

Chapter IV CONTRIBUTIONS                                 What are the stages of rehabilitation?
                                                         1. Physical rehabilitation- this involves physical
Who contributes to EC?                                   therapy
The employer alone. He pays 1% of monthly                2. Vocational rehabilitation- this involves
salary credit. Contributions are paid in its entirety.   evaluation by guidance psychologist of the ECC
Any contract or device for deduction of any              and sending to vocational school of those found
portion thereof from the wages of employees              ready to re-engage in gainful employment
shall be null and void.                                  3. Vocational placement- This involves job
                                                         placement
When does the employer’s obligation to pay
monthly contribution cease?                              CHAPTER VI DISABILITY BENEFITS
It shall cease at the end of the month of
contingency and during such months that the              What is DISABILITY?
employee is not receiving wages or salary.               It refers to the loss or impairment of earning
                                                         capacity. There is disability when there is a loss
Chapter V- MEDICAL BENEFITS                              or diminution of earning power because of actual
                                                         absence from work due to the injury or illness.
What are the EC Benefits?
A. Services                                              What is Temporary Total Disability?
 1. Medical Services, appliances and supplies            This exists when as a result of the injury or
 2. Rehabilitation Services                              sickness, the employee is unable to perform any
B. Cash Income Benefit or Pension due to:                gainful occupation for a continuous period not
 1. Temporary total disability                           exceeding 120 days, however the System may
 2. Permanent total disability                           declare the status at anytime after 120 days as
 3. Permanent partial disability                         may be warranted by the degree of actual loss or
 4. Death                                                impairment of physical or mental functions as
C. Funeral Benefit                                       determined by the system.

What is the duration of Medical Liability?               What is the treatment of any relapse or
It lasts for as long as the employee is sick             recurrence of an employee’s illness after
because the liability for medical care lasts during      recovery?
the period of disability. This duty is not ended         This shall be considered independent of and
even when employment terminates.                         separate from the period covered by the original
                                                         disability.
What does right of reimbursement of medical
expenses include?                                        What is a Permanent Total Disability?
It includes those incurred for the primary illness       -This exists when as a result of the injury or
as well as to its complications, even if said            sickness the employee is unable to perform any
complications developed after the employee’s             gainful occupation for a continuous period
retirement.                                              exceeding 120 days, however the system may
                        LABOR STANDARDS FINALS REVIEWER
                                       - 22 -
declare the permanent status at anytime after            5. The new wages are intended as an
said period as may be warranted by the degree            inducement to him to refrain from pursuing a
of actual loss or impairment of physical or mental       claim
functions as determined by the system.                   6. The employee before his injury was younger or
-This status does not require a condition of             a minor
complete helplessness, but disablement of an             7. The employment in which the employee was
employee to earn wages in the same kind of               employed after the injury was of uncertain
work, or a work of similar nature that he was            duration.
trained or accustomed to perform. Nor is it
affected by the performance of occasional odd            Should previous compensation for lesser
jobs.                                                    disability be deducted?
                                                         It is well-settled that no such deduction can be
Is an employee barred from being granted an              made, unless the law so provides, and there is
award for permanent total disability after it            no such provision in our laws.
has been awarded a temporary disability?
No. Many times the seriousness of the injury is          See Codal Provisions (191-193)
not at first apparent, and from its very nature
cannot be detected until considerable time has           Chapter VII – DEATH BENEFITS
elapsed after its infliction. This is the clear intent
of the law. (Cañete vs. Insular Lumber)                  What does “dependency” mean?
                                                         -It does not mean absolute dependency for the
What is Permanent Partial Disability?                    necessities of life, but rather that the claimant
This exists when as a result of the injury or            looked up to and relied on the contribution of the
sickness the employee suffers a permanent                decedent in whole or in part, as a means of
partial loss of the use of any part of his body.         supporting and maintaining himself in
                                                         accordance with his station in life. In this regard,
Is earning capacity impaired if earnings is              a person may be dependent, although able to
higher after the injury?                                 maintain himself without any assistance from the
Yes. An injured laborer’s incapacity for work is         decedent.
not to be measured solely by the wages he                -One need not actually be a part of the deceased
receives or his earning after the injury, since the      employee’s household in order to be a
amount of such wages or earnings may be                  dependent.
affected by various extraneous matters or                -There may be dependency notwithstanding the
factors.                                                 employee’s unlawful acts or his statement in his
                                                         application for employment that he had no
What are possible explanations of the fact               dependents. (Malate Taxicab v. Del Villar)
that an employee who receives higher wages
after an injury than what he earned may still            When is a spouse considered a dependent?
have suffered an impairment of earning                   A spouse is a dependent from the fact of
capacity?                                                marriage and that he/she is living with the
1. The employee is the beneficiary of a mere             decedent at the time of death. The status
gratuity and does not actually earn his wages            subsists even if the spouse is gainfully employed
2. The employee, by education and training has           so long as there is still financial need for support.
fitted himself for more remunerative employment          - Even however the claimant is not yet married to
3. The employee works longer hours than he did           the deceased but they are living together as
before his injury, his hourly remuneration having        husband and wife, the law considers the claimant
increased                                                a dependent. (Vda. De Macabenta vs. Davao
4. A general change in wage scales has taken             Stevedore Terminal Co.)
place
                       LABOR STANDARDS FINALS REVIEWER
                                      - 23 -
What if there are two persons claiming as            a. for life to the primary beneficiaries, guaranteed
spouse-dependent of the decedent?                    for five years
A division would be made, if the second spouse       b. for not more than 60 months to the secondary
was in good faith when contracted marriage.          beneficiaries in case there are no primary
                                                     beneficiaries
In what instances may a legally separated            c. in no case shall the total benefit be less than
spouse be entitled to compensation benefits?         P15,000
1. Refusal of the covered employee to continue
living with the surviving spouse or the employee’s   What are the classifications of beneficiaries?
abandonment of the spouse without justifiable or     1. Primary Beneficiaries
valid cause.                                           a. Dependent spouse until he/she remarries
2. Attempt of the covered employee against the         b. Dependent children (legitimate, legitimated,
life of the surviving spouse or common child         natural-born, or legally adopted)
3. Commission of an act of sexual abuse against
the surviving spouse or common child or              2. Secondary Beneficiaries
spouse’s child                                         a. Illegitimate children and legitimate
4. Employee’s recurrent commission of physical       descendants
violence or grossly abusive conduct against the        b. Parents, grandparents, grandchildren
surviving spouse or common child or spouse’s
child                                                Is it required that a “covered employee” must
5. Compulsion to change religious or political       be an actual employee of the public or private
affiliation through physical violence or moral       sector at the time of his death?
duress                                                 No. He can be a retired employee whose
6. Attempt to corrupt or induce the spouse or        retirement was brought about by permanent
children to engage in prostitution                   disability.
7. Drug addiction or habitual alcoholism of the
employee                                             CHAPTER VIII PROVISIONS COMMON TO
8. Lesbianism or homosexuality of the employee       INCOME BENEFITS
9. Contraction of bigamous marriage whether in
Philippines or abroad by the employee                What is the nature of claims for
10. Sexual infidelity or perversion of the           compensation?
employee                                               1) It is not transferable
11. Allowing the surviving spouse or children to       2) It is not subject to tax, garnishment, levy or
be subjected to acts of lasciviousness               seizure, except to pay debts to SSS.
12. Employee’s contraction of STD extra-
maritally.

If the deceased employee is the adulterous           For example, you die. SSS pays the death
child of the wife, can the husband claim as a        benefit to your illegitimate child. Then here
dependent?                                           comes your legally adopted child and files a
No, in the same manner that he is not duty-          claim. What should SSS say?
bound to support said deceased employee.               It is already discharged. If it paid in good faith,
Can a parent who abandoned the deceased              a dependent with an inferior right or with only a
employee claim as dependent?                         share of the benefit, it is discharged unless it was
No. Since abandonment of the child by the            notified by your adopted child before payment
parent is cause for the ceasing of the obligation    was made.
of the former to support the latter. (Castillo v.
Castillo)                                            What is the prescriptive period of claiming the
                                                     compensation?
How is death benefit paid?                           3 years from the time the cause of action
It is paid in the form of cash monthly pension:      accrued, which is to be counted from the time the
                       LABOR STANDARDS FINALS REVIEWER
                                      - 24 -
employee lost his earning capacity, not from the
time illness was discovered.                           (3) When the employer provides medical services
                                                       and/or medical supplies to the employee who
What are instances of constructive filing?             suffers from the contingency; and
1. A verbal request for medical and                    (4) When the employer can be reasonably
hospitalization expenses made to the corporate         presumed to have had knowledge of the
employer through its treasurer                         employee’s contingency, in view of the following
2. Request for financial aid in behalf of the family   circumstances:
of deceased worker made by the president of the            (4.1) The employee was performing an official
union.                                                   function for the employer when the contingency
                                                         occurred;
Under Resolution 2127 ECC:                                 (4.2) The employee’s contingency has been
1. When the System itself received from the              publicized through mass media outlets; or
concerned,      or     his    duly     authorized          (4.3) The specific circumstances of the
representative/s or his employer, a written notice       occurrence of the contingency have been such
giving information on the occurrence of a certain        that the employer can be reasonably presumed
contingency, which may be held compensable               to have readily known it soon thereafter; or
under any of the laws that the System                      (4.4) Any other circumstances that may give
administers                                              rise to a reasonable presumption that the
2. When a pertinent and authentic document               employer has been aware of the contingency.
evidencing particular contingency that befalls an
employee is submitted to and received by the           What is the effect of delay or failure to give
System, for the purpose of initiating payment of       the employer notice of compensable illness
whatever benefits that may duly accrue to the          or injury within the prescribed period?
employee, in accordance with any of the laws              It does not bar a claim for compensation if it is
that the System administers and                        shown that the employer, his agent or
3. When the concerned employee or any of his           representative in fact knows of such injury or
legal beneficiaries or duly authorized                 illness or that he suffered no damage by reason
representative/s files a formal claim with the         of such delay or lack of notice. (Central
System for life, retirement or other insurance         Azucarera Don Pedro vs. Workmen’s
benefits because of disability or death, which         Compensation Commission)
may be also held compensable under the new
Employee’s Compensation Program.                       Give examples of representatives or agents
                                                       whose knowledge is deemed knowledge of
When is the date of filing of a claim which            their employees.
was made through mail?                                 1. Project engineer in charge of the work
The mailing date. (Cañete vs. Insular Lumber           2. Captain of the vessel in which the employee
Co., Inc.)                                             worked
                                                       3. Foreman
See Codal Provisions (195-204)                         4. Assistant Manager
                                                       5. Superintendent of transport operation
CHAPTER IX RECORDS, REPORTS AND
PENAL PROVISIONS                                       What does “damage” or “prejudice” to the
                                                       employer due to delay or failure of notice
When is notice of in jury, sickness or death of        mean?
the employee to the employer not needed?                 It means that the employer/System by reason
(1) When the employee suffers the contingency          of the failure to receive the required notice has
within the employer’s premises;                        been made less able to resist the claim. Such as
(2) When the employee officially files an              the difficulty of the employer or insurer to procure
application for leave of absence by reason of the      evidence at a time remote from the injury, and
contingency from which he suffers;
                       LABOR STANDARDS FINALS REVIEWER
                                      - 25 -
failure of the employee to be treated medically
promptly after the injury.

What is the effect of a quitclaim?
  -The fact that the employee has signed a
satisfaction receipt does not result in waiver; the
law does not consider as valid any agreement to
receive less compensation than what the worker
is entitled to recover.(MRR Yard Crew Union vs.
PNR(1976))
  -A quitclaim wherein the consideration is
scandalously low and inequitable cannot be an
obstacle to pursuing a legitimate claim, such is
null and void being contrary to public policy.

A compromise agreement once approved by
the Court has the effect of res judicata
between the parties and should not be
disturbed except for vices of consent or
forgery, is this rule absolute?
No. The NLRC may disregard technical rules of
procedure in order to give life to the constitutional
mandate affording protection to labor.

May compensation benefits be paid in foreign
currency?
Yes. This may be stipulated in a contract of
employment. (i.e. Overseas seaman contracts)

Is a motion for reconsideration required in
case of a final order or judgment?
No. Such as in a case where the judgment was a
final one as it disposed of the action for
compensation benefits and there was nothing
more to be done in the proceedings as to the
merits of the case.

								
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