What is the double indemnity rule in violation of labor Standards?

2%
Under Dole Department Order 10, Series of 1998, Double Indemnity Rule" refers to
the payment to a concerned employee of the prescribed increases or adjustments in
the wage rates, which was not paid by an employer in amount equivalent to twice the
unpaid benefits owing to such employee.
Under Section 12 of Republic 8188 amending R.A. 6727, Any person, corporation,
trust, firm, partnership, association or entity which refuses or fails to pay any of the
prescribed increases or adjustments in the wage rates made in accordance with this
Act shall be punished by a fine not less than Twenty-five thousand pesos (P25,000)
nor more One hundred thousand pesos (P100,000) or imprisonment of not less than
two (2) years nor more than four (4) years, or both such fine and imprisonment at the
discretion of the court: Provided, That any person convicted under this Act shall not
be entitled to the benefits provided for under the Probation Law. Further, the
employer concerned shall be ordered to pay an amount equivalent to double the
unpaid benefits owing to the employees, provided, that payment of indemnity shall
not absolve the employer from the criminal liability imposable under this Act.
Case Law:

G.R. No. 178184               January 29, 2014

GRAND ASIAN SHIPPING LINES, INC., EDUARDO P. FRANCISCO and WILLIAM

HOW, Petitioners,
vs.
WILFREDO GALVEZ, JOEL SALES, CRISTITO GRUTA, DANILO ARGUELLES, RENATO
BATAYOLA, PATRICIO FRESMILLO,* JOVY NOBLE, EMILIO DOMINICO, BENNY NILMAO, and
JOSE AUSTRAL, Respondents.
Your favorite relative, Tita Nilda, approaches you and seeks your advice on her
treatment of her kasambahay, Noray. Tita Nilda shows you a document called a
"Contract of Engagement" for your review. Under the Contract of Engagement,
Noray shall be entitled to a rest day every week, provided that she may be requested
to work on a rest day if Tita Nilda should need her services that day. Tita Nilda also
claims that this Contract of Engagement should embody all terms and conditions of
Noray's work as the engagement of a kasambahay is a private matter and should not
be regulated by the State.
a) Is Tita Nilda correct in saying that this is a private matter and should not be
regulated by the State? (2.5%)
Tita Nilda is not correct in saying that engagement of a kasambahay is a private
matter and should not be regulated by the State. This is a valid exercise of police
power.
Under Sec. 2, Art. 1 of R.A. 10361, otherwise known as Domestic Workers Act or
Batas Kasambahay, the State:
1. Adheres to internationally accepted working conditions for workers in
general, and establishes labor standards for domestic workers in particular,
towards decent employment and income, enhanced coverage of social
protection, respect for human rights and strengthened social dialogue;

2. Recognizes the need to protect the rights of domestic workers against abuse,
harassment, violence, economic exploitation and performance of work that
is hazardous to their physical and mental health;

3. In protecting domestic workers and recognizing their special needs to

ensure safe and healthful working conditions, promotes gender-sensitive
measures in the formulation and implementation of policies and programs
affecting the local domestic work.
 The State in enacting the Batas Kasambahay proves that engagement of such is not
a private matter and must be regulated, hence, the contention of Tita Nilda is not
correct.

b) Is the stipulation that she may be requested to work on a rest day legal? (2.5%)
Yes, the stipulation that she may be requested to work on a rest day is legal.
Section 21 of Art. IV of R.A. 10361 provides that “Nothing in this provision shall
deprive the domestic worker and the employer from agreeing to the following:

(1) Offsetting a day of absence with a particular rest day;

(2) Waiving a particular rest day in return for an equivalent daily rate
of
pay.
(3) Accumulating rest days not exceeding five (5) days; and
(4) Other similar arrangements;

The law provides that stipulation that a kasambahay may be requested to work on a
rest day is legal, provided, he or she agreed to it and he or she received a daily rate
of pay for the service rendered.

c) Are stay-in family drivers included under the Kasambahay Law? (2.5%) 2018 Bar
Exams
No, Under Section 2 of the Implementing Rules and Regulations of R. A. 10361,
the following are not covered:
(1) Service providers;
(2) Family drivers;
(3) Children under foster family arrangement; and
(4) Any other person who performs work occasionally or sporadically
and not on an
occupational basis.

Case Law:
 G.R. No. 233413, June 17, 2019

CELIAR. ATIENZA, PETITIONER, v. NOEL SACRAMENTO SALUTA, RESPONDENT.

Baldo, a farm worker on pakyaw basis, had been working on Dencio's land by
harvesting abaca and coconut, processing copra, and clearing weeds from year to
year starting January 1993 up to his death in 2007. He worked continuously in the
sense that it was done for more than one harvesting season.
a) Was Dencio required to report Baldo for compulsory social security coverage
under
the SSS law? Explain. (2.5%)

Yes, Dencio is required to Report Baldo for compulsory social security coverage
under the SSS law.
In the case of Brotherhood Labor Unity Movement of the Philippines v. Zamora
(G.R. No. 485451, January 7, 1987), the Supreme Court used length of service as
basis in its ruling to pronounce that the individual involved is a regular employee.

In the instant case, considering the length of time that Baldo has worked for
Dencio, it may be justifiably concluded that he was engaged in the performance of
work that is usually necessary or desirable in the usual business of trade and is
therefore a regular employee, that needs to be reported for compulsory social
security coverage under the SSS law.

b) What are the liabilities of the employer who fails to report his employee
for
social security coverage? Explain. (2.5%) 2016 Bar Exam
The employer is subject to the following liabilities if it fails to report his employee
for social coverage:
Under Section 24 (a) of R.A. 1161 as amended, it shall pay to the SSS damages
equivalent to the benefit which the employee would have been entitled had his
name been reported on time to the SSS, except that in case of pension benefits, the
employer shall be liable to pay the SSS damages equivalent to five (5) years
monthly pension; however, if the contingency occurs within thirty (30) days from
date of employment, the employer shall be relieved of his liability for damages. It
shall then pay the corresponding unremitted contributions and penalties as
provided under Sec. 24 (b) of R.A. 1161 as amended.