LABOR RELATIONS AND STANDARDS 13th Month Pay

- PD 851: 1/12 of an employee’s basic annual salary

EMPLOYER-EMPLOYEE RELATIONSHIP - May be given in 2 installments (May and Dec)
Four-fold Test - to know who is the employer & employee
Forms of Payment
- Selection & engagement of the workers
“No employer shall pay the wages of an employee by
- Payment of wages
means of promissory notes, vouchers, coupons, tokens,
- Power of dismissal
chits or any object OTHER THAN legal tender, even when
- Power to control the workers’ conduct
expressly requested by the employee”
o Refers to existence of power & not necessarily to the
actual exercise thereof Maternity/Paternity Leave
o Mere presence = employee - In service at least 6 months
- RA 11210 = 105 days leave w/ pay + an option to extend
Hours of Work
for 30 days, w/out pay (single parent: additional 15 days
- All the time during which an employee is required to be
w/pay)
on duty or to be at the prescribed workplace
- Miscarriage or emergency termination of pregnancy: 60
- Rest period of short duration = COUNTED AS HOURS
days
WORKED
- Paternity Leave (RA 8187)
- Normal hours of work for hospital workers = 5 days (40
o 7 days w/ full pay for the first 4 deliveries (or any
hours) a week
miscarriage) of the legal spouse w/ whom he is
Night Shift Differential cohabiting
- At least 10% of regular wage for each hour of work Security of Tenure
between 10:00 PM to 6:00 AM - A regular employee shall remain employed unless his or
Ex: Regular Wage: Php 100/hr her services are terminated for just or authorized causes
Shift: 11pm - 7am Termination of Employment
Regular Wage: 8 hrs x Php 100 = Php 800 - Balancing of interest in disciplinary cases
Night Shift Wage: 700 x 0.10 = Php 70 - Labor’s interest: right to labor and due process
Total wage = Php 870 - Management’s Interest: promulgation of rules and
Overtime Work regulations and enforce & implement them for efficient
- Work performed beyond 8 hours a day business
- Additional compensation: J U S T C A U S E S (IMONG DAKONG SALA)
• Regular wage + at least 25% thereof SERIOUS MISCONDUCT
• Holiday: + at least 30% thereof - Serious; related to performance of duties
Ex: 7 PM - 3 PM (Regular) -> 7 PM - 5 PM (Extended) - Sexual harassment, fighting w/in company premises, theft
Wage = Php 100 x 10 hours = Php 1000 (regular) of company property, drug abuse, falsification of time
Php 1000 x 0.25(ex) = Php 250 records
Php 1,250 WILLFUL DISOBEDIENCE / INSUBORDINATION
Compulsory Overtime Work - Willful/intentional
- if the country is at war or when there is a declaration of - Order violated must be reasonable. Lawful and made
national or local emergency known to the employee
- to prevent loss of life or property or in case of imminent GROSS NEGLIGENCE / HABITUAL NEGLECT OF DUTIES
danger to public safety caused by accidents, fire, floods, - Absenteeism, abandonment of work
typhoons, epidemic or other disaster or calamities FRAUD / LOSS OF TRUST & CONFIDENCE
- when there is urgent work to be performed on machines, - Misappropriation of company funds
installations or equipment to avoid serious loss or damage COMMISSION OF A CRIME OR OFFENSE AGAINST THE
- completion of work is necessary to prevent serious EMPLOYER
business loss OTHER ANALOGOUS CAUSES
- to avail of favorable weather (ex. Farmers) - connected to duties violations, but not written
FAILURE OF THE PROBATIONARY EMPLOYEE TO QUALIFY AS
Meal Break A REGULAR EMPLOYEE
- NOT less than 60 mins. time off for regular meals A U T H O R I Z E D C A U S E S (W/PAY)
- may be taken outside company premises REDUNDANCY
(Case: PAL Vs. NLRC {GR 132805}) - Services of an employee are in excess of what is reasonably
Rest Day demanded
- duty of employer: 24 hrs rest period after every 6 - 1-month written notice
consecutive normal work days - Separation pay (1 month per year of service)
- employer shall respect the preference of employees as to - Fair and reasonable criteria in ascertaining redundant
their weekly rest day when such preference is based on positions: efficiency, seniority
RELIGIOUS GROUNDS. - LIFO rule – Last In, First Out
Holiday Pay RETRENCHMENT (lay off)
- Work on special holiday: 30% of the regular wage - Last resort; dismissing employees to avoid or minimize
- Work on regular holiday: 200% of the regular wage losses (before losses anticipated are actually sustained)
(double pay) - 1-month written notice
Regular Holidays (RA 9849): - Separation pay
• New Year (Jan 1) • Bonifacio Day (Nov 30) - In good faith
• Maundy Th & Good Fri • Eid’l Fitr & Eid’l Adha - Fair and reasonable criteria
• Araw ng Kagitingan (April 9) • Christmas Day (Dec 25) CLOSURE OF THE COMPANY
• Labor Day (May 1) • Rizal Day (Dec 30) - In good faith
• Independence Day (June 12) - 1-month written notice
• National Heroes Day (August 31) - Separation pay needed except in cases of serious business
losses
DISEASE OR ILLNESS
 - Continued employment is prohibited by law or prejudiced
to health
- Medical certificate needed: disease can’t be cured w/in 6
months
- Separation pay
TOTALITY OF INFRACTIONS DOCTRINE
- Several suspensions/warnings