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    © All Rights Reserved
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    16 views51 pages

    Labor Standards

    Uploaded by

    John Stephen Pendon

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 51
    rao Sook Be sans TEST TO DETERMINE EMPLOYER- EMPLOYEE RELATIONSHIP Biles) eme-tas 1, Selection and engagement of the employee; 2. Payment of wages; cPanel} Cao lame ec9)| rete Cog Mime NK Maclaren eM AUC Cn SM ON Zool ee aIT(* (ol 1 eCe A) an Er-Ee relationship when the person for whom the services are performed reserves the right to control not only the end achieved but also the manner and means used to achieve that end HOURS OF WORK COVERAGE/EXCLUSIONS Se Reger MC RU MRR a aoe Re service incentive leaves and service charges, covers all employees in all establishments, whether for profit or not. foea te Pee neues ys 2. Field personnel mca Meso eee Ma Cu ce Den eek eeu Cen Cen Re as Caen a DA eee cen ea cee) EM cea ae DO Puen CnC uno Go enc nd hoe ene acu amos and holidays, night shift differential pay, holiday pay, service incentive leave and service eres a EMPLOYEES The terms and conditions of their employment are governed by the SN TI s\a (eo) In case of government-owned or controlled corporations with original charters, terms and conditions of employment may be governed by such legislated charters. Government-owned or controlled corporations without original charters are governed by the Labor Code. MANAGERIAL EMPLOYEES a. Their primary duty consists of the management of the establishment in which they are employed or of a department or ese Ret -(0 b. They customarily and regularly direct the work of two or more employees therein, c. They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other nny olloy === vem Nam Y= TACele ECT ge mee eee | OF MANAGERIAL STAFF PNR Rune cucu Rm a ee Reka Persea Deu eM de hee eer a a nat ae PRS Cur ice eco es cs meTuee euc meen est ng EN oe ROE reuse Suman neue kg Pre eect Rn ee eee eM ae une eat ee re ag em lines requiring special training, experience, or knowledge; or execute, under general Sra ree eres Sanco) COR es Mae ne eager aL Come Maa Pet oe Tra ie memes h Mee Rene aCe Mma cet) Bisa CN et ee RC tr CCR Cerne Cu Renae ena Se MMe a mete ce CMe Rua Cue em powers are not subject to evaluation, review and final action by the department heads and Cea eae keen DOMESTIC SERVANTS/ PERSONS IN THE PERSONAL ERVICE OF ANOTHER These are those who perform such services in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer's household. FIELD PERSONNEL Field personnel refers to non-agricultural employees who regularly LIAM maM ime LeCee-N Urey ECe AMSAT alee 11m oli-le Mele oncom le branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. MEMBERS OF THE FAMILY They are exempted from the coverage, for the support given by the employer may exceed the benefit for which an employee is entitled under appropriate labor provisions. WORKERS PAID BY RESULTS Workers who are paid by results include those who are paid on piece- Se) Gai. FM PY Ld TO EL LOE Payment of this type of worker is determined by the results of the work performed or the number of units produced, not the number of hours used in the completion of the job or the time spent in production. NORMAL HOURS OF WORK The normal hours of work of any Employee shall not exceed 8 erm Lg COMPENSABLE HOURS WORKED Leer] tare C6 =H a. all time during which an employee is required to be on duty or to be at the employer's premises or to be at a prescribed workplace, b. all time during which an employee is suffered or permitted to reli PRINCIPLES IN DETERMINING HOURS WORKED 1. All hours which the employee is required to give to his employer Fecter-Teel rome] a1 lal mol mane Lele ola ael Te-e= Tamora em elaere elele\V{—3 labor or involve physical or mental exertion. 2. Rest period is excluded from hours worked, even if emloyee does not leave his workplace, it being enough that: a. He stops working b. May rest completely c. May leave his workplace, to go elsewhere, whether within or outside the premises of the workplace 3. All time spent for work is considered hours worked if: FRM DaSM eh a Xm COLM tN le MLAB b. If it benefited the employer c. Or the employee could not abandon his work at the end of his normal working hours because he had no replacement CoP seed lel-tocntme la MILI MNT ene) ] (x0 (e( Mom nM Tnnl (eh mele immediate supervisor 4, The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time: a. If the imminence of the resumption of the work requires the employees presence at the place of work; or b. If the interval is too brief to be utilized effectively and gainfully in bite ace aoc TRAVEL FROM HOME TO Tel t¢ GR: Normal travel from home to work is not working time. BIH i. Emergency call outside his regular working hours where he is. required to travel to his regular place of business or some other work site. ii. Done through a conveyance provided by the Er. iii. Done under the supervision and control of the Er. iv. Done under vexing and dangerous circumstance. | TRAVEL THAT IS ALLINA 'DAY’S WORK Time spent in travel as part of the employees principal activity. E.g. travel from job site to job site during the work day, must be counted as working hours. TRAVEL AWAY FROM HOME fl FPaM Les NUCA AAT L ance cee LM ON Ln (6 ASI EOLA NTN ol OLA Cd CTailolley ctem aC JOM Lele Lecae= Cel ce ssc Calo =ln) ©) e) ccm OL CoC NV MEM ct TAN working time. b. The time is not only hours worked on regular workdays but also during corresponding working hours on non-working days. Outside of these regular working hours, travel away from home is not considered working time. XPN: During meal period or when employee is permitted to sleep in adequate facilities furnished by the employer. COMPRESSED fel ass Leis nTcagTeM WU ALcIC Manne Later] We lM AU qi co16 Ue (0 RCO SANA LARS) days but the total number of work-hours of 48 hours per week shall remain. The normal workday is increased to more than 8 hours but not to exceed 12 hours, without corresponding overtime premium Che uate MT tae woe ae lt atl SCHEDULE MAY BE LEGALLY AUTHORIZED AS AN EXCEPTION TO THE "8-HOUR A DAY" REQUIREMENT UNDER THE LC 1. The employee voluntarily agrees to it. 2. There is no diminution in their weekly or monthly take home pay or fringe benefits. 3. The benefits are more than or at least commensurate or equal to what is due to the employees without the compressed work week. 4. OT pay will be due and demandable when they are required to Mola eda aaletMel- N77 a) Cela meiaLeN8] (eM NV Met-y- =I ROM ole) a Tave Rey because of the compressed work week schedule. 5. No strenuous physical exertion or that they are given adequate rest periods. 6. It must be for a temporary duration as determined by the DOLE. MEAL BREAK Every employer shall give his employees not less than 60 minutes or 1 hour time-off for regular meals. UCT Ceram mM Clete It is not compensable during a time-off. Employee must be completely relieved from duty. When meal period is compensable It is compensable where the lunch period or meal time: 1. Is predominantly spent for the Employer's benefit; or Poe ime eel lama cme late (Ute Ren ACER ee Ly LrL a WAITING TIME 1. It is considered working time if waiting is an integral part of his work, or 2. The Employee is required or engaged by the Employer to wait. MTT Rime icc eMC diem ett) It is not considered working time when the Employee is waiting to be engaged; idle time is not working time. Hence, it is not compensable. OVERTIME WORK, OVERTIME PAY aT al Wo aA Pe aa uM eae ues M Nate tat ear) regularly starts to work. Perea Ld See Reus ee eee RE nea eMC eg aa} COMMU acca ce Rec Nata ie eeu RL Peano PUNE R ee ania Re mre R Rea eRe eee ordinary working days shall be paid an additional compensation for the overtime Pr aaa Melia enre Mela ear la roeese ata RCE melle a om mu ie ON RL Met Rae eee Lee ole com aR CeO (e ae iel EC eta a During a regular working day Additional compensation of 25% of the regular wage During a holiday or rest day —_| Rate on the first 8 hours worked on plus at least 30% of regular wage OTS aa Nay} Holiday DEAE c 800/8 = 100 800 x 130% = 1040/8 = 130 800 x 130% = 1040/8 = 130 800 x 150% = 1200/8 =150 800 x 200% = 1600/8 2 i 25% 30% 30% 30% 30% Ce 100 x 125% = 125 130 x 130% = 169 130 x 130% = 169 150 x 130% = 195 200 x 130% = 260 925.00 1,209.00 1,209.00 1,395.00 1860.00 UNDER TIME CANNOT OFFSET OVERTIME Where a worker incurs under time hours during his regular daily work, said under time hours should not be offset against the overtime hours on the same day or on any other day It will exempt him from paying additional pay for overtime work. It has been held the proper remedy should be to deduct under time or absences against the employee's accrued leave but pay him the A-Team TAMA EMAC LA TS(elINVAcInlala(-teF RIGHT TO OT PAY oN TS Con me NAYS) GR: The right to overtime pay cannot be waived. The right is intended for the benefit of the laborers and employees. Any stipulation in the contract that the laborer shall work beyond eight hours without additional Cronous M =D Were MCOL LMM] ALAe- AVC TaL® MTU LaLe M06 Bad Be amt alle (Ce ON Ae tee MOET eee O LLy CTW ese ce et) MMe RLM Le eee On ama) overtime pay, the waiver may be permitted. 2. Compressed workweek CCTM ee Sa ee Lb) CO aT aN «When the tour of duty of an employee falls at night time, the receipt of overtime pay will not preclude the right to night differential pay. The latter is payment for work done during the night and the other is payment for the excess of the regular eight- hour work. PNA) oleh ct MUaL LOM ered MAT ALIA LL CCAK TAA] Med TOM (CM MALAI) percent (10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. PART-TIME WORK Tie elite mls ame Considering the purpose of the law, it is not prohibited to have “normal hours of work” of less than eight hours a day. What the law regulates is work hours exceeding eight. It prescribes a maximum but not a minimum. CONTRACT FOR A PIECE OF WORK It is a contract whereby the contractor binds himself to execute a piece of work for the Er, in price or consideration of a certain compensation. The contractor may employ his labor, skill or also BCU CA TS AMAT M ATL eoLA oI NOTE: All workers paid on piece-work shall be entitled to receive not less than the prescribed daily minimum wage or a proportion thereof for working less than 8 hours. TEST TO DETERMINE IF ONE IS AN EMPLOYEE OR AN INDEPENDENT CONTRACTOR The “right of control” test is used. If the person for whom services are to be performed controls only the end to be achieved, the worker is a contractor; if the former controls not only the end but also the manner and means to be used, the latter is an Employee. WAGES It is the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, payable by an Employer to an Employee under a written or unwritten contract of employment: 1. For work done or to be done, or for services rendered or to be rendered; and includes 2. Fair and reasonable value of board, lodging, or other facilities customarily furnished by the Employer to the Employee as determined by SLE. “NO WORK, NO PAY” | PRINCIPLE (FAIR DAY’S 7X) te) NN a) LABOR). yal eR SUMS (ene a RO elm Ean) od(eN (lem antics 1a CMa Le-mo lam OWA SIU Ice clam onmLecolaTeinlCeMl CRIN 1e-10 0 eee) tela Reem R ne) (e) XPNs: The laborer was able, willing and ready to work but was: 1. Prevented by management; 2. Illegally locked out; 3. Illegally suspended; 4. Illegally dismissed 5, Illegally prevented from working BONUS CaO Gar Nila ems EIU RI E¢ em aR Lele) to an employee for his tangible contribution to the success of the employer's LETH LeneDe ATA aT Mano Cm) Le Kroll e]-TaoLceLe Ce a ua eee MC usa cet coe ue UG enforceable obligation, which cannot be enforced upon the employer who BAe Oca mune Me sei ich cate ole other benefits aside from the employee's basic salaries or wages. XPN: Bonuses can be demanded as a matter of right if: Reem Meee ieee eR (eee Lome eames Coe Mae Cota ene (eT MMI Tee eae UNa Tis mele ac lette CMC a Mele Rv a le PAYMENT OF WAGES The laborer’s wages shall be paid in legal currency. Rule mie MS NA eC MOTT Rem Uua) ooo NOL Deo oH Sra item eC Iemma CM eI camara eum eer ncn ia even when expressly requested by the employee Pert ECS ice men en eu Cen name ts BiG Se cee ey Mma een emt te Tulse ecto Pees) lar Oc ieeoMe Let nem mL i) ad rey Cane oma aa eRe oe OR ATER ey necessity of intestate proceedings. Heirs shall: Feel iR- ute iae lee ciel RUC mC CC emu Reece RU ailam urd meena ME UC Scar cel RMR lm meme Cie Rem cere

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