LABOR RELATIONS
POWER.
MODULE 6-7
WAGES
BIRTH OF THE WAGE SYSTEM
• WAGE IS SAID TO BE:
• REMUNERATION OR EARNINGS
• EXPRESSED IN TERMS OF MONEY
• PAYABLE BY AN EMPLOYER
• FAIR AND REASONABLE VALUE
• WAGE IS THE MONETARY MEASURE CORRESPONDING
TO THE STANDARD UNITS OF WORKING TIME.
• WAGE LABOR
• THE SOCIO-ECONOMIC RELATIONSHIP BETWEEN
A WORKER AND AN EMPLOYER.
• WAGE LABORER
• A PERSON WHOSE PRIMARY MEANS OF INCOME
IS FROM SELLING OF HIS OR HER LABOR.
IN WHAT MANNER WORKERS ARE PAID DURING EARLY
TIMES?
REMUNERATION OF WORKERS
• EARLY REMUNERATION OF WORKERS
• PAYMENT IN KIND (BREAD, BEER, GRAIN, MEAT
AND CLOTH RATIONS)
• IN ANCIENT ROME, FOOD, CLOTHING, AND
ARMOR WERE DEDUCTED FROM THE WAGE AND
THE REST WILL BE PAID IN CASH.
• PRESENT TIME
• REMUNERATION FOR WORDERS ARE IN THE
FORM OF PAY, SALARY, OR WAGE INCLUDING
BENEFITS AND ALLOWANCES, BONUSES, CASH
INCENTIVES, AND MONETARY VALUE OF THE
NONCASH INCENTIVES.
WORKERS INCOME
• WAGE
• THE REMUNERATION GIVEN TO WORKER IN
EXCHANGE FOR SERVICES RENDERED IN
PRODUCTION.
• SALARY
• A FIXED AMOUNT OF MONEY OR COMPENSATION
PAID TO AN EMPLOYEE BY AN EMPLOYER IN
RETURN FOR WORK PERFORMED COMMONLY
PAID IN FIXED INTERVAL.
• BASIC WAGE RATE
• NORMAL AMOUNT OF PAYMENT FOR EACH HOUR
OF WORK.
• OVERTIME RATE
• THE GREATER AMOUNT RECEIVED FOR EACH
HOUR OF WORK ABOVE AN ESTABLISHED
QUOTA.
• EARNINGS
• THE TOTAL WAGE RECEIVED BY WORKER IN A
SPECIFIC LENGTH OF TIME.
REAL WAGE VS NOMINAL WAGE
• REAL WAGE
• INCOME OF INDIVIDUAL, ORGANIZATION, OR
COUNTRY AFTER TAKING INTO CONSIDERATION
THE EFFECTS OF INFLATION ON PURCHASING
• THE AMOUNT OF GOODS AND SERVICES THAT A
WORKER PUERCHASES FROM HIS/HER NOMINAL
WAGES.
• NOMINAL WAGE
• THE RATE OF PAY EMPLOYEES IS
COMPENSATED.
• AKA MONEY WAGE.
KEYNESIAN MULTIPLIER
• INCOME INCREASE WILL BE FOLLOWED AGAIN BY
CONSUMPTION. GIVING RISE TO A POSITIVE FEEDBACK
LOOP.
• AKA MULTIPLIER EFFECT
WAGE INEQUALITIES
• REASONS OF WAGE INEQUALITIES
• EDUCATION AND TRAINING
• NATURAL ABILITY
• SUPPLY OF LABOR
WAGE SYSTEM IN THE PHILIPPINES
• FORMS OF PAYMENT
• THROUGH BANK, CHECK, POSTAL CHECKS
• CONDITIONS:
• THERE IS A BANK OR OTHER FACILITY FOR
ENCASHMENT WITHIN A RADIUM OF ONE
KILOMETER FROM THE WORKPLACE.
• THE EMPLOYER, OR ANY OF HIS AGENTS
OR REPRESENTATIVES, DO NOT RECEIVE
ANY PECULIARLY BENEFIT DIRECTLY OR
INDIRECTLY FROM THE ARRANGEMENT.
• THE EMPLOYEES ARE GIVEN REASONABLE
TIME DURING BANKING HOURS TO
WITHDRAW THEIR WAGES FROM THE
BANK WHICH SHOULD BE CONSIDERED AS
COMPENSABLE HOURS WORKED IF DONE
DURING WORKING HOURS.
• PAYMENTS BY CHECK IS WITH THE
WRITTEN CONSENT OF THE EMPLOYEES
CONCERNED IF THERE IS COLLECTIVE
BARGAINING AGREEMENT AUTHORIZING
THE PAYMENT OF WAGES BY BANK
CHECKS.
• TERMS OF PAYMENT
• MADE ONCE EVERY TWO WEEKS OR TWICE A
MONTH AND SHOULD NOT EXCEED SIXTEEN
DAYS.
• FINAL SETTLEMENT IS MADE UPON COMPLETION
OF THE WORK
• IN CASES OF FORCE MAJEURE RENDERING
SUCH PAYMENTS IMPOSSIBLE OR ANY OTHER
CIRCUMSTANCES TO BE DETERMINED BY THE
SEC OF LABOR AND EMPLOYMENT IN
APPROPRIATE REGULATIONS IN WHICH CASE
THE WORKER MAY BE PAID THROUGH ANOTHER
PERSON UNDER WRITTEN AUTHORITY GIVEN BY
THE WORKER FOR THE PURPOSE.
• DIRECT PAYMENT OF WAGES
• SHALL BE MADE DIRECTLY TO THE WORKER TO
WHOM THEY ARE DUE. EXCEPT:
• WHERE THE WOKER HAD DIED IN WHICH
THE EMPLOYER MAY PAY THE WAGES OF
 THE DECEASED WORKER TO THE HEIRS
OF THE LATTER WITHOUT NECESSITY OF
INTESTATE PROCEEDINGS.
• IN CASES OF FORCE MAJEURE
RENDERING SUCH PAYMENTS IMPOSSIBLE
OR ANY OTHER CIRCUMSTANCES TO BE
DETERMINED BY THE SEC OF LABOR AND
EMPLOYMENT IN APPROPRIATE
REGULATIONS IN WHICH CASE THE
WORKER MAY BE PAID THROUGH
ANOTHER PERSON UNDER WRITTEN
AUTHORITY GIVEN BY THE WORKER FOR
THE PURPOSE.
• PLACE OF PAYMENT
• IT SHALL BE OR AT NEAR WHERE THE EMPLOYEE
WORKS. PAYMENT OTHER THAN THE PLACE OF
WORK SHALL BE PERMISSIBLE UNDER THE
FOLLOWING CIRCUMSTANCES:
• WHEN PAYMENT CANNOT BE EFFECTED
AT OR NEAR THE PLACE OF WORK BY
REASON OF THE DETERIORATION OF
PEACE AND ORDER CONDITIONS, OR BY
REASON OF ACTUAL OR IMPENDING
EMERGENCIES CAUSED BY FIRE, FLOOD,
EPIDEMIC OR OTHER CALAMITY
RENDERING PAYMENT THREAT
IMPOSSIBLE.
• PLACE OF PAYMENT
• WHEN THE EMPLOYER PROVIDES FREE
TRANSPORTATION TO THE EMPLOYEES
BACK AND FORTH. UNDER ANALOGOUS
CIRCUMSTANCES; PROVIDED THAT THE
TIME SPENT BY THE EMPLOYEES IN
COLLECTING THEIR WAGES SHALL BE
CONSIDERED AS COMPENSABLE HOURS
OF WORK.
• NO EMPLOYER SHALL PAY HIS
EMPLOYEES IN THE BAR, NIGHT OR DAY
CLUB, DRINKING ESTABLISHMENT,
MASSAGE CLINIC, DANCE HALL OR ANY
OTHER SIMILAR PLACES WHERE GAMES
ARE PLAYED WITH STAKES OF MONEY OR
THINGS REPRESENTING MONEY EXCEPT
IN CASE OF PERSONS EMPLOYED IN SAID
PLACES.
REGULATIONS ON WAGES
• NON-INTERFERENCE IN DISPOSAL OF WAGE
• WAGE REDUCTION
• NO EMPLOYER, IN HIS OWN BEHALF OR IN
BEHALF OF ANY PERSON, SHALL MAKE ANY
DEDUCTION FROM THE WAGE OF HIS
EMPLOYEES EXCEPT:
• IN CASE WHERE THE WORKER IS INSURED
WITH HIS CONSENT THE EMPLOYER, AND
THE DEDUCTION IS TO RECOMPENSE THE
EMPLOYER FOR THE AMOUNT PAID BY HIM
AS PREMIUM ON THE INSURANCE.
• IN CASES WHERE THE RIGHT OF THE
WORKER OR HIS UNION TO CHECK OFF
HAS BEEN RECOGNIZED BY THE
EMPLOYER OR AUTHORIZED IN WRITING
BY THE INDIVIDUAL WORKER
CONCERNED.
• IN CASES WHERE THE EMPLOYER IS
AUTHORIZED BY LAW OR REGULATIONS
BY THE SECRETARY OF LABOR AND
EMPLOYMENT`
• DEPOSIT FOR LOSS OR DAMAGE
• REIMBURSEMENT OF LOSS OR DAMAGE TOOLS
THE EMPLOYER MAY MAKE WAGE DEDUCTIONS
OR REQUIRE THE EMPLOYEE TO MAKE DEPOSITS
FROM WHICH DEDUCTIONS SHALL BE MADE.
• REQUIRING CASH BOND
• CONDITIONS:
• THE EMPLOYEE CONCERNED IS CLEARLY
SHOWN TO BE RESPONSIBLE FOR THE
LOSS OR DAMAGE;
• THE EMPLOYEE IS GIVEN REASONABLE
OPPORTUNITY TO SHOW CAUSE WHY
DEDUCTIONS SHOULD NOT BE MADE;
• THE AMOUNT OF SUCH DEDUCTION IS
FAIR AND REASONABLE AND SHALL NOT
EXCEED THE ACTUAL LOSS OF DAMAGE;
• THE DEDUCTION FROM THE WAGES OF
THE EMPLOYEE DOES NOT EXCEED 20%
OF THE EMPLOYEE’S WAGE IN A WEEK.
• WITHHOLDING OF WAGES
• UNLAWFUL
MODULE 7 LABOR
HOURS OF WORK
HOURS OF WORK IN EARLY TIMES
• 8 HOUR OR 40 HOUR PER WEEK AKA SHORT TIME
MOVEMENT.
• CHILD LABOR IS COMMON.
• WORKING DAYS: 10-16 HOURS FOR 6 DAYS
• ROBERT OWEN
• DEMANDED 10 HOUR DAY IN 1810
• 1817 FORMULATED THE GOAL OF THE 8 HOUR
DAY AND COINED THE SLOGAN: “8 HOURS’
LABOR, 8 HOURS’ RECREATION, 8 HOURS’ REST”
• WOMEN AND CHILDREN
• IN ENGLAND
• 10 HOUR DAY IN 1847
• IN FRANCE
• 12 HOUR DAY AFTER FEBRUARY
REVOLUTION OF 1848.
• KARL MARX
• IMPORTANCE OF WORKERS HEALTH
• DAS KAPITAL
• BY EXTENDING THE WORKING DAY,
THEREFORE, CAPITALIST PRODUCTION,
NOT ONLY PRODUCES A DETERIORATION
OF HUMAN LABOR POWER BY ROBBING IT
OF ITS NORMAL MORAL AND PHYSICAL
CONDITIONS OF DEVELOPMENT AND
ACTIVITY, BUT ALSO PRODUCES THE
PREMATURE EXHAUSTION AND DEATH OF
THIS LABOR POWER ITSELF.
• INTERNATIONAL WORKINGMEN’S ASSOCIATION
• DEMANDED FOR AN EIGHT HOUR DAY AT ITS
CONVENTION IN GENEVA IN AUGUST 1866.
• DECLARING THE LEGAL LIMITATION OF THE
WORKING DAY IS A PRELIMINARY CONDITION
WITHOUT WHICH ALL FURTHER ATTEMPTS AT
IMPROVEMENTS AND EMANCIPATION OF THE
WORKING CLASS MUST PROVE ABORTIVE.
 • CONGRESS PROPOSES EIGHT HOURS AS LEGAL • ALL TIME DURING WHICH AN EMPLOYEE IS
LIMIT OF THE WORKING DAY. REQUIRED TO BE ON DUTY OR TO BE AT A
PRESCRIBED WORKPLACE;
ARGUMENTS FOR SHORTER HOURS OF WORK
• ALL TIME DURING WHICH AN EMPLOYEE IS
• 4 DAY WORKWEEK
SUFFERED OR PERMITTED TO WORK.
• INTRODUCED IN 1950s BY AMERICAN LABOR
• EXEMPTION
UNION LEADER, WALTER REUTHER
• GOVERNMENT EMPLOYEES, MANAGERIAL
• THE IDEA THAT LEISURE SHOULD BE AT THE
EMPLOYEES, FIELD PERSONNEL, MEMBERS OF
CENTER OF LIFE.
THE FAMILY OF THE EMPLOYER WHO ARE
• SCHOLE DEPENDENT ON HIM FOR SUPPORT, DOMESTIC
HELPERS, PERSONS IN THE PERSONAL SERVICE
• A GREEK WORD OF ANOTHER, WORKERS WHO ARE PAID BY
RESULTS.
• TURNED INTO OUR WORD FOR SCHOOL
• DETERMINING HOURS WORKED
• MEANS FREE TIME.
• ALL HOURS ARE HOURS WORKED WHICH THE
• ACCDG. TO ARISTOTLE AND EPICURUS
EMPLOYEE IS REQUIRED TO GIVE HIS
• THE CONTEMPLATIVE LIFE WAS THE EMPLOYER, REGARDLESS OF WHETHER OR NOT
ONE WHICH WAS MOST LIKELY TO SUCH HOURS ARE SPENT IN PRODUCTIVE LABOR
LEAD TO HAPPINESS. OR INVOLVE PHYSICAL OR MENTAL EXERTION.

• JOHN MAYNARD KEYNES • AN EMPLOYEE NEED NOT LEAVE THE PREMISES

OF THE WORK PLACE IN ORDER THAT HIS REST
• PREDICTED IN 1930 THAT IN 100 YEARS PERIOD SHALL NOT BE COUNTED, IT BEING
TIME, TECHNOLOGICAL ADVANCES ENOUGH THAT HE STOPS WORKING, MAY REST
WOULD ALLOW PEOPLE TO WORK AS FEW COMPLETELY AND MAY LEAVE HIS WORK PLACE,
AS 15 HOURS A WEEK. TO GO ELSEWHERE, WHETHER WITHIN OR
OUTSIDE THE PREMISES OF HIS WORK PLACE.
• REASONS TO CONSIDER A SHORTER WORKWEEK
• DETERMINING HOURS WORKED
• IT WOULD MAKE PEOPLE HEALTHIER
• IF THE WORK PERFORMED WAS NECESSARY, OR
• IT CAN HELP PEOPLE FOCUS BETTER IT BENEFITED THE EMPLOYER, OR THE
• CULTURE EMPLOYEE COULD NOT ABANDON HIS WORK AT
THE END OF HIS NORMAL WORKING HOURS
• OTHER COUNTRIES HAVE FOUND SUCCESS BECAUSE HE HAD NO REPLACEMENT, ALL TIME
WORKING FEWER HOURS SPENT FOR SUCH WORK SHALL BE CONSIDERED
AS HOURS WORKED, IF THE WORK WAS WITH
OBJECTIONS TO SHORTER HOURS OF WORK THE KNOWLEDGE OF HIS EMPLOYER OR
• OVERWORK IMMEDIATE SUPERVISOR.

• UNDEREMPLOYMENT • DETERMINING HOURS WORKED

• MULTIPLE JOBS • THE TIME DURING WHICH AN EMPLOYEE IS

INACTIVE BY REASONS OF INTERRUPTIONS IN
• DYSTOPIAN REALITY HIS WORK BEYOND HIS CONTROL SHALL BE
COSIDERED WORKING TIME EITHER IF THE
WHAT DO YOU THINK IS THE IDEAL WORKING DAY?
IMMINENCE OF THE RESUMPTION OF WORK
FOUR DAYS? REQUIRES THE EMPLOYEE’S PRESENCE AT THE
PLACE OF WORK OR IF THE INTERVAL IS TOO
FIVE DAYS?
BRIEF TO BE UTILIZED EFFECTIVELY AND
SIX DAYS? GAINFULLY IN THE EMPLOYEE’S OWN INTEREST.

FOUR-DAY WORKWEEK CONCEPT • WAITING TIME

• LOSS OF PRODUCTIVITY FOR BUSINESSES
• FOR WORKERS, LOSSES IN THE FORM OF WAGES AND
BENEFITS
• WORKING HOURS OF DIFFERENT COUNTRIES
• WAITING TIME SPENT BY AN EMPLOYEE SHALL
ALSO BE CONSIDERED AS WORKING TIME IF
WAITING IS AN INTEGRAL PART OF HIS WORK OR
THE EMPLOYEE IS REQUIRED OR ENGAGED BY
THE EMPLOYER TO WAIT.

• NETHERLANDS 25 HOURS (WOMEN) 34 HOURS • AN EMPLOYEE WHO IS REQUIRED TO REMAIN ON

(MEN) CALL IN THE EMPLOYER’S PREMISES OR SO
CLOSE THERETO THAT HE CANNOT USE THE
• DENMARK 26.7 HOURS TIME EFFECTIVELY AND GAINFULLY FOR HIS
OWN PURPOSE SHALL BE CONSIDERED AS
• NORWAY 27.2 HOURS
WORKING WHILE ON CALL.
WORK HOURS IN THE PHILIPPINES
• AN EMPLOYEE WHO IS NOT REQUIRED TO LEAVE
• 8 HOURS A DAY. WORD AT HIS HOME OR WITH COMPANY
OFFICIALS WHERE HE MAY BE REACHED IS NOT
• HEALTH PERSONNEL MAXIMUM OF 40 HOURS A WEEK.
WORKING WHILE ON CALL.
IF MADE TO WORK IN EXCESS OF 40 HOURS, THERE IS
ADDITIONAL 30% PAY. • POWER BROWNOUTS

• LAW DOES NOT PROHIBIT WORK DONE LESS THAN 8 • BROWNOUT IS AN INTENTIONAL OR
HOURS. UNINTENTIONAL DROP IN VOLTAGE IN AN
ELECTRICAL POWER SUPPLY SYSTEM.
• PART TIME IS ALLOWED.

• HOURS WORKED SHALL INCLUDE:

 • INTENTIONAL BROWNOUTS ARE USED FOR LOAD
REDUCTION IN AN EMERGENCY.
• BASIC RULES:
• BROWNOUTS OF SHORT DURATION NOT
EXCEEDING TWENTY (20) MINUTES IS
COMPENSABLE HOURS WORKED.
• BROWNOUTS RUNNING FOR MORE THAN
TWENTY (20) MINUTES MAY NOT BE
TREATED AS HOURS WORKED PROVIDED
ANY OF THE FOLLOWING CONDITIONS ARE
PRESENT:
• THE EMPLOYEES CAN LEAVE THEIR
WORKPLACE OR GO ELSEWHERE
WHETHER WITHIN OR WITHOUT THE
WORK PREMISES; OR
• THE EMPLOYEES CAN USE THE TIME
EFFECTIVELY FOR THEIR OWN INTEREST.
• OVERTIME
• IS WORK RENDERED BEYOND 8 HOURS.
• EVERY HOUR WORKED IN EXCESS OF 8 HOURS
EARNS AN ADDITIONAL PAY OF 25%.
• 30% IF DONE ON A REST DAY OR HOLIDAY.
• THE LAW PROHIBITS OFFSETTING OVERTIME
WITH UNDERTIME ON ANOTHER DAY.
• THE HOURLY RATE OF OVERTIME IS HIGHER
THAN THE HOURS MISSED IN CASE OF
UNDERTIME.
• OVERTIME (EXEMPTIONS)
• MANAGERIAL PERSONNEL, GOVERNMENT
EMPLOYEES, NON AGRICULTURAL FIELD
PERSONNEL WHOSE HOURS OF WORK CANNOT
BE DETERMINED, FAMILY MEMBERS DEPENDENT
UPON THE EMPLOYER FOR SUPPORT, HOUSE
HELPERS, THOSE IN THE PERSONAL EMPLOY OF
ANOTHER, AND PIECE RATE WORKERS.
• OVERTIME (EXAMPLE)
• https://lvsbooks.com/how-to-compute-overtime-pay-
with-illustrations-using-ncr-daily-minimum-wage/
• EXCEPTIONS WHEN EMPLOYEE MAY BE COMPELLED TO
RENDER OVERTIME WORK
• WHEN THE COUNTRY IS AT WAR OR WHEN ANY
OTHER NATIONAL OR LOCAL EMERGENCY HAS
BEEN DECLARED BY THE NATIONAL ASSEMBLY
OR THE CHIEF EXECUTIVE;
• OVERTIME (EXCEPTIONS WHEN EMPLOYEE MAY BE
COMPELLED TO RENDER OVERTIME WORK)
• WHEN OVERTIME WORK IS NECESSARY TO
PREVENT LOSS OF LIFE OR PROPERTY OR IN
CASE OF IMMINENT DANGER TO PUBLIC SAFETY
DUE TO ACTUAL OR IMPENDING EMERGENCY IN
THE LOCALITY CAUSED BY SERIOUS ACCIDENT,
FIRE, FLOODS, TYPHOONS, EARTHQUAKE,
EPIDEMIC, OR OTHER DISASTERS OR
CALAMITIES.
• WHEN THERE IS URGENT WORK TO BE
PERFORMED ON MACHINES, INSTALLATIONS OR
EQUIPMENT, OR IN ORDER TO AVOID SERIOUS
LOSS OR DAMAGE TO THE EMPLOYER OR SOME
OTHER CAUSES OF SIMILAR NATURE;
• OVERTIME (EXCEPTIONS WHEN EMPLOYEE MAY BE
COMPELLED TO RENDER OVERTIME WORK)
• WHEN THE WORK IS NECESSARY TO PREVENT
LOSS OR DAMAGE TO PERISHABLE GOODS;
• WHEN THE COMPLETION OR CONTINUATION OF
WORK STARTED BEFORE THE 8TH HOUR IS
NECESSARY TO PREVENT SERIOUS
OBSTRUCTION OR PREJUDICE TO THE BUSINESS
OR OPERATIONS OF THE EMPLOYER; AND
• WHEN OVERTIME WORK IS NECESSARY TO AVAIL
OF FAVORABLE WEATHER OR ENVIRONMENTAL
CONDITIONS WHERE PERFORMANCE OR
QUALITY OF WORK IS DEPENDENT THEREON.
• WEEKLY REST PERIOD
• REST PERIOD OF NOT LESS THAN 24
CONSECUTIVE HOURS AFTER EVERY 6
CONSECUTIVE NORMAL WORK DAYS.
• IF BUSINESS IS OPEN ON SUNDAY, REST DAY
MAY BE SCHEDULED IN ANOTHER DAY.
• PREFERENCE OF EMPLOYEE’S REST DAY BASED
ON HIS RELIGIOUS BELIEF/GROUNDS SHOULD BE
RESPECTED.
• WAIVER OF COMPENSATION FOR WORK ON REST
DAYS AND HOLIDAYS IS NOT VALID.
• CIRCUMSTANCES AN EMPLOYER COMPEL HIS
EMPLOYEES TO RENDER WORK ON A REST DAY:
• IN CASE OF ACTUAL OR IMPENDING
EMERGENCIES CAUSED BY SERIOUS
ACCIDENT, FIRE, FLOOD, TYPHOON,
EARTHQUAKE, EPIDEMIC OR OTHER
DISASTER OR CALAMITY, TO PREVENT
LOSS OF LIFE AND PROPERTY, OR IN CASE
OF FORCE MAJEURE OR IMMINENT
DANGER TO PUBLIC SAFETY.
• WEEKLY REST PERIOD
• CIRCUMSTANCES AN EMPLOYER COMPEL HIS
EMPLOYEES TO RENDER WORK ON A REST DAY:
• IN CASE OF URGENT WORK TO BE
PERFORMED ON MACHINERIES,
EQUIPMENT, OR INSTALLATIONS, TO
AVOID SERIOUS LOSS WHICH THE
EMPLOYER WOULD OTHERWISE SUFFER;
• IN THE EVENT OF ABNORMAL PRESSURE
OF WORK DUE TO SPECIAL
CIRCUMSTANCES, WHERE THE EMPLOYER
CANNOT ORDINARILY BE EXPECTED TO
RESORT TO OTHER MEASURES;
• TO PREVENT SERIOUS LOSS OF
PERISHABLE GOODS;
• WHERE THE NATURE OF THE WORK IS
SUCH THAT THE EMPLOYEES HAVE TO
WORK CONTINUOUSLY FOR SEVEN (7)
DAYS IN A WEEK OR MORE, AS IN THE
CASE OF THE CREW MEMBERS OF A
VESSEL TO COMPLETE A VOYAGE AND IN
OTHER SIMILAR CASES; AND
• WHEN THE WORK IS NECESSARY TO AVAIL
OF FAVORABLE WEATHER OR
ENVIRONMENTAL CONDITIONS WHERE
PERFORMANCE OR QUALITY OF WORK IS
DEPENDENT THEREON.
• COMPENSATION FOR REST DAY
• SEE LINK FOR COMPUTATION
• WHEN OFFICES ARE SUSPENDED
• THE PRINCIPLE OF NO WORK NO PAY APPLIES IN
SUSPENSION OF OFFICES FOR THE PURPOSE OF
WAGE PAYAMENT.
• AN EMPLOYEE CAN AVAIL OF HIS ACCRUED
LEAVE CREADITS, OR BE COVERED BY A
 FAVORABLE COMPANY POLICY AND PRACTICE,
OR BY COLLECTIVE BARGAINING AGREEMENT
(CBA) GRANTING PAYMENT OF WAGES DURING
CALAMITIES OR EMERGENCIES.
• DAILY PAID WORKERS WHO WORKED AND WHO
STILL RENDERED WORK EVEN UPON
CANCELLATION OF WORK WILL RECEIVE
ADDITIONAL 30% OF HIS REGULAR PAY OR A
TOTAL OF 130% FOR EIGHT HOURS WORK.
• ABSENCES
• ALL COVERED EMPLOYEES SHALL BE ENTITLED
TO HOLIDAY PAY WHEN THEY ARE ON LEAVE OF
ABSENCE WITH PAY ON THE WORKDAY
IMMEDIATELY PROCEEDING THE REGULAR
HOLIDAY.
• EMPLOYERS SHALL GRANT THE SAME
PERCENTAGE OF THE HOLIDAY PAY AS THE
BENEFIT GRANTED BY COMPETENT AUTHORITY
IN THE FORM OF EMPLOYEE’S COMPENSATION
OR SOCIAL SECURITY PAYMENT, WHICHEVER IS
HIGHER, IF THE EMPLOYEES ARE NOT
REPORTING FOR WORK WHILE ON SUCH LEAVE
BENEFITS.
• WHERE THE DAY IMMEDIATELY PRECEDING THE
HOLIDAY IS A NON-WORK DAY IN THE
ESTABLISHMENT OR THE SCHEDULED REST DAY
OF THE EMPLOYEE, HE/SHE SHALL NOT BE
DEEMED TO BE ON LEAVE OF ABSENCE ON THAT
DAY, IN WHICH CASE HE SHALL BE ENTITLED TO
THE HOLIDAY PAY IF HE WORKED ON THE DAY
IMMEDIATELY PRECEDING THE NON-WORK DAY
OR REST DAY.
• PERIODIC SHUTDOWN OR TEMPORARY CESSATION OF
WORK
• IN CASES OF TEMPORARY OR PERIODIC
SHUTDOWN AND TEMPORARY CESSATION OF
WORK OF AN ESTABLISHMENT, AS WHEN A
YEARLY INVENTORY OR WHEN THE REPAIR OR
CLEANING OF MACHINERIES AND EQUIPMENT IS
UNDERTAKEN, THE REGULAR HOLIDAYS FALLING
WITHIN THE PERIOD SHALL BE COMPENSATED IN
ACCORDANCE WITH THE RULES IMPLEMENTING
THE LABOR CODE.
• THE REGULAR HOLIDAY DURING THE CESSATION
OF OPERATION OF AN ENTERPRISE DUE TO
BUSINESS REVERSES AS AUTHORIZED BY THE
SECRETARY OF LABOR AND EMPLOYEMENT MAY
NOT BE PAID BY THE EMPLOYER.
MODULE 8 LABOR
WORKING CONDITIONS
• ARE CONDITIONS IN WHICH AN INDIVIDUAL OR STAFF
WORKS, INCLUDING BUT NOT LIMITED TO SUCH THINGS
AS AMENITIES, PHYSICAL ENVIRONMENT, STRESS AND
NOISE LEVELS, DEGREE OF SAFETY OR DANGER, AND
THE LIKE.
JOB
• MAY BE HAZARDOUS OR HIGHLY HAZARDOUS.
• HAZARDOUS JOBS
• THESE ARE JOBS THAT EXPOSE EMPLOYEE TO
DANGEROUS ENVIRONMENT ELEMENTS,
INCLUDING CONTAMINANTS, RADIATION, FIRE,
POISONOUS SUBSTANCES, BIOLOGICAL AGENTS
AND EXPLOSIVES OR DANGEROUS PROCESSES
OR EQUIPMENT INCLUDING CONSTRUCTION,
MINING, QUARRYING, BLASTING, STEVEDORING,
MECHANIZED FARMING AND OPERATING HEAVY
EQUIPMENT.
WHY WORKING AREAS NEED TO BE INSPECTED?
WORKING AREAS
• INSPECTED TO HELP PREVENT INJURIES AND
ILLNESSES.
• INSPECTED TO IDENTIFY AND RECORD HAZARDS FOR
CORRECTIVE ACTIONS.
• INSPECTED TO ENSURE OVERALL SAFE WORKING
ENVIRONMENT AND CONDITIONS BESIDES
IMPLEMENTATION OF AN EFFECTIVE OCCUPATIONAL
HEALTH AND SAFETY PROGRAM.
PHYSICAL FACILITIES
• IMPORTANT FACTORS IN PHYSICAL FACILITIES (RULE
1060 ; SEE LINK/ADDITIONAL MATERIALS)
• CONSTRUCTION AND MAINTENANCE
• SPACE REQUIREMENT
• WALKWAY SURFACE
• MANHOLES AND OTHER OPENINGS
• WINDOW OPENINGS
• YARDS
• GATES
• PARKING VEHICLE
WORKING CONDITIONS
• Job performance of workers is best when the environment
neither under stimulates nor over stimulates.
• Key environmental variables to consider:
• Lighting
• Thermal environment
• Noise
• Other facilities such as social interaction and materials
flow, handling and storage.
• HEALTH AND SAFETY
• Health is the sound state of the body and mind of the
workers that enables the worker or employee to
perform the job normally.
• Safety is the physical or environmental conditions of
work which comply with prescribed Occupational
Safety and Health (OSH) Standards which allows
workers to perform the job without or within acceptable
exposure limit to hazards.
• Occupational safety is the practices related to
production and work process.
FACILITIES FOR WOMEN
• Establishing standards that will ensure the safety and health of
women employees which requires employers to:
• Provide seats proper to women and permit them to use
such seats when they are free from work and during
working hours, provided they can perform their duties
in this position without detriment to efficiency.
• To establish separate toiler rooms and lavatories for
men and women and provide at least a dressing room
for women;
• To establish a nursery in a workplace for the benefit of
the women employees therein; and
• To determine appropriate minimum age and other
standards for retirement or termination in special
occupations such as those of flight attendants and the
like.
• Night work is also prohibited for women unless:
• In industrial undertakings from 10pm to 6am
 • In communications/non-industrial undertakings from
12mn to 6am
• In agricultural undertakings, at night time unless given
not less than 9 consecutive hours of rest.
HEALTH PROGRAM
• These are coordinated and comprehensive set of health
promotion and protection strategies implemented at the
worksite that includes programs, policies, benefits,
environmental supports, and links to the surrounding
community designed to encourage the health and safety of all
employees.
• The physician
• Must develop and implement a comprehensive
occupational health program for the benefit of the
employees of his employer.
HEALTH SERVICES
• These are the most visible functions of any health system,
both to users and general public.
• Employers need to find ways to keep workers healthy and
keep benefits payments down through investing in maintaining
a healthy employee population.
• Medical and Dental Services
• First-aid medicines and equipment as the nature and
conditions of work may necessitate.
• •
EMERGENCY MEDICAL AND DENTAL SERVICES
• Duty of every employer to furnish his employees in any locality
with free medical and dental attendance and facilities
consisting of:
• The services of full-time registered nurse when the
number of employees exceeds fifty (50) but not more
than two hundred (200) except when the employer
does not maintain hazardous workplaces, in which
case, the services of a graduate first-aider shall be
provided for the protection of workers, where no
registered nurse is available. The Secretary of Labor
and Employment shall provide by appropriate
regulations, the services that shall be required where
the number of employees does not exceed fifty (50)
and shall determine by appropriate order, hazardous
workplaces for purposes of this Article.
• The services of a full-time registered nurse, a part-time
physician and dentist, and an emergency clinic and an
infirmary or emergency hospital with one bed capacity
for every one hundred (100) employees when the
number of employees exceeds three hundred (300)
• In cases of hazardous workplaces
• No employer shall engage the services of a physician
or a dentist who cannot stay in the premises of the
establishment for at least two (2) hours, in the case of
those engaged on part-time basis, and not less than
eight (8) hours, in the case of those employed on full-
time basis.
• When undertaking is non-hazardous in nature
• The physician and dentist may be engaged on retainer
basis, subject to such regulations as the Secretary of
Labor and Employment may prescribe to insure
immediate availability of medical and dental treatment
and attendance in case of emergency.
• Physicians, dentists, and nurses hired by employers
• Shall have necessary training in industrial medicine
and occupational safety and health.
• The Secretary of Labor and Employment, in
consultation with industrial, medical, and occupational
safety and health associations, shall establish the
qualifications, criteria and conditions of employment of
such health personnel.
• Duty of employer
• To provide all the necessary assistance to ensure the
adequate and immediate medical and dental
attendance and treatment to an injured or sick
employee in case of emergency.
SAFETY PROGRAMS
• It is a set of policies and work practices specifically designed
by your company for your company.
• It addresses regulations and ways to reduce the exposure to
hazards in work areas.
• It also organizes a performance driven framework for
continued focus and improvement on safety.
• Workplace health and safety procedures are necessary for the
well-being of both employers and employees.
• It is important for employers to take the necessary steps to
protect employees from the health and safety concerns of
today’s corporate community.
ACCIDENTS PREVENTION THE HUMAN ELEMENT
• Right to return home safely from work
• Basic human right.
Fewer accidents means fewer sick leaves.
• It saves employers the expense of recruiting and training new
staff, and can cut cost of early retirement and insurance pay-
outs.
• Slips, trips, and falls are largest cause of accidents in all
sectors.
• Employers need to establish a safety management system
that incorporates risk assessment and monitoring procedures.
THREE E’s OF ACCIDENT PREVENTION
• Basic protocol for reducing workplace injuries can be
summarized with three E-words:
• Engineering
• Education
• Enforcement
• To keep people safe, organizations need to:
• Design the safest equipment, environmental settings
and protective devices.
• Educate people regarding the use of the engineering
interventions.
• Use discipline to enforce compliance with
recommended safe-work practices.
• Three new E-words suggest specific principles and directions
for action.
• Empowerment which is the feeling of commitment,
ownership and self motivation.
• Emotion which reflects the need to make safety
personal.
• Empathy is the human dynamics of injury prevention
with focus on the other person’s feelings, needs or
perceptions.
ON MANUAL HANDLING
• Manual handling
• Is a common cause of injury in the workplace.
• Manual handling injuries are not limited to those
sustained by lifting or carrying heavy loads.
 • A person can be injured when handling objects through
pulling, pushing, holding or restraining.
• To prevent manual handling injuries in the workplace,
one should avoid such tasks as far as possible.
• When it is not possible to avoid handling a load,
employer must look at the risks of that task and put
sensible health and safety measures in place to
prevent and avoid injury.
SAFETY IN THE OFFICE
• Hazards can be present in an office setting.
• Steps to reduce the risk of injury among office staff:
• Falls – slips, trips, and falls are the most common type
of office injury.
• Stay clutter free
• Step on up
• Maintain a clear line of vision
• Get a grip
• Struck/caught by – another major type of injury in the
office setting comes from workers being struck by or
caught by an object.
• Shut the drawer
• Safe stacking
• Ergonomics injuries – most prevalent injuries in an
office setting.
• Provide adjustable equipment
• Train workers on how to use equipment
• Keep feet on the floor
• Provide document holders
• Correct mouse placement
THE NEED FOR A SAFE WORKPLACE FOR ALL
• Tips on keeping safe inside the workplace:
• Use all safety materials, equipment, devices, and
clothing that are provided by the employer and are
intended to protect employees;
• Follow procedures relating to the health and safety of
employees;
• Follow all instructions provided by the employer
concerning the health and safety of employees;
• Cooperate with any person carrying out a duty or
function on safety;
• Report to the employer anything or circumstance that is
likely to be hazardous occurrences that have caused
injury to you or any other person; and
• Respond in writing to a health and safety officer’s
direction or report when requested to do so by the
health and safety officer.
• Employers must ensure that employees have the necessary
information, training and supervision to perform their jobs
safely.
• Managers, supervisors, health and safety committees and
representatives must also understand their roles and
responsibilities.
• This includes:
• An appropriate understanding of overall work safety
procedures;
• Knowledge of the safe use of workplace tools and
equipment;
• Awareness of known or foreseeable workplace
hazards; and
• Training sessions should include documentation.
MODULE 9 LABOR
INCENTIVES AND FRINGE BENEFITS
FINANCIAL INCENTIVES
+ FINANCIAL INCENTIVE PROGRAMS
– THESE ARE DESIGNED TO INSPIRE EMPLOYEE
LOYALTY AND INCREASE PRODUCTIVITY AMONG
EMPLOYEES.
+ MONEY AS MOTIVATOR
– MONEY MOTIVATES DIFFERENT PEOPLE TO DO
DIFFERENT THINGS.
– REASON OF EMPLOYEES WORK.
+ BONUS
– IT IS AN AMOUNT GRANTED AND PAID TO AN
EMPLOYEE FOR HIS INDUSTRY AND LOYALTY
WHICH CONTRIBUTED TO THE SUCCESS OF THE
EMPLOYER’S BUSINESS AND MADE POSSIBLE
THE REALIZATION OF PROFITS.
– AN ACT OF GENEROSITY OF THE EMPLOYER AND
GRANTED BY AN ENLIGHTENED EMPLOYER TO
SPUR THE EMPLOYEE TO GREATER EFFORTS
FOR THE SUCCESS OF THE BUSINESS AND
REALIZATION OF BIGGER PROFITS.
– CHRISTMAS BONUS
+ DISCRETIONARY ON THE PART OF THE
EMPLOYER.
+ PROFIT SHARING
– VARIOUS INCENTIVE PLANS INTRODUCED BY
BUSINESSES THAT PROVIDE DIRECT OR
INDIRECT PAYMENTS TO EMPLOYEES THAT
DEPEND ON COMPANY’S PROFITABILITY IN
ADDITION TO EMPLOYEES’ REGULAR SALARY
AND BONUSES.
+ SERVICE INCENTIVE LEAVE
– FOR EVERY ONE YEAR OF SERVICE EMPLOYEE
IS ENTITLED TO FIVE DAYS WITH PAY.
– SUBJECT FOR EXEMPTIONS.
– “AT LEAST ONE-YEAR SERVICE” MEANS SERVICE
FOR NOT LESS THAN 12 MONTHS, WHETHER
CONTINUOUS OR BROKEN.
+ SERVICE INCENTIVE LEAVE
– EXEMPTIONS
+ THOSE OF THE GOVERNMENT AND ANY OF
ITS POLITICAL SUBDIVISIONS, INCLUDING
GOVERNMENT-OWNED AND CONTROLLED
CORPORATIONS;
+ DOMESTIC HELPERS AND PERSONS IN
THE PERSONAL SERVICE OF ANOTHER;
+ MANAGERIAL EMPLOYEES;
+ FIELD PERSONNEL AND OTHER
EMPLOYEES WHOSE PERFORMANCE IS
UNSUPERVISED BY THE EMPLOYER
INCLUDING THOSE WHO ARE ENGAGED
ON TASK OR CONTRACT BASIS, PURELY
COMMISSION BASIS, OR THOSE WHO ARE
PAID A FIXED AMOUNT FOR PERFORMING
WORK IRRESPECTIVE OF THE TIME
 CONSUMED IN THE PERFORMANCE
THEREOF;
+ THOSE WHO ARE ALREADY ENJOYING THE
BENEFIT HEREIN PROVIDED;
+ THOSE ENJOYING VACATION LEAVE WITH
PAY OF AT LEAST FIVE DAYS; AND
+ THOSE EMPLOYED IN ESTABLISHMENTS
REGULARLY EMPLOYING LESS THAN TEN
EMPLOYEES.
– PART TIME WORKERS ARE ENTITLED TO FULL
FIVE DAYS SIL. BASIS: NUMBER OF MONTHS
WORKED IN A YEAR NOT NUMBER OF HOURS
WORKED IN A DAY.
+ 13TH MONTH PAY
– PD 851 AS AMENDED BY MEMORANDUM ORDER
NO. 28 OR THE 13TH MONTH PAY LAW.
– PASSED IN 1975
– TO ENABLE THE WORKING MASSES TO
PROPERLY CELEBRATE CHRISTMAS AND NEW
YEAR BY GIVING THEM AN ADDITIONAL SOURCE
OF INCOME.
– PAID NOT LATER THAN DECEMBER 24 OF EVERY
YEAR.
+ PAID LEGAL HOLIDAY
– HOLIDAY PAY
+ REFERS TO PAY RECEIVED BY EMPLOYEE
ON THE OCCASION OF A REGULAR
HOLIDAY OR SPECIAL DAY.
+ REGULAR HOLIDAY – EMPLOYEE IS PAID
EVEN IF SHE DID NOT WORK. RECEIVES
DOUBLE IF EMPLOYEE WORKS ON A
REGULAR HOLIDAY.
+ SPECIAL DAY – EMPLOYEES NOT PAID IF
DID NOT REPRT TO WORK. BUT IF
EMPLOYEE WORKS, SHE IS ENTITLED TO
130% OF HER USUAL PAY.
12 REGULAR HOLIDAYS IN THE PHILIPPINES
+ NEW YEAR’S DAY (JANUARY 1)
+ MAUNDY THURSDAY (MOVABLE)
+ GOOD FRIDAY (MOVABLE)
+ ARAW NG KAGITINGAN (APRIL 9 OR NEAREST MONDAY)
+ LABOR DAY (MAY 1 OR NEAREST MONDAY)
+ INDEPENDENCE DAY (JUNE 1 OR NEAREST MONDAY)
+ NATIONAL HEROES DAY (LAST MONDAY OF AUGUST)
+ BONIFACIO DAY (NOVEMBER 30 OR NEAREST MONDAY)
+ EID UL-FITR (MOVABLE)
+ EID-UL-ADHA (MOVABLE)
+ CHRISTMAS DAY (DECEMBER 25)
+ RIZAL DAY (DECEMBER 30 OR NEAREST MONDAY.
FINANCIAL INCENTIVES
+ MATERNITY LEAVE BENEFITS
+ EMPLOYER SHALL GRANT ANY PREGNANT
EMPLOYEE WHO HAS RENDERED SERVICE OF AT
LEAST 6 MONTHS FOR THE LAST TWELVE
MONTHS MATERNITY LEAVE :
+ AT LEAST TWO (2) WEEKS PRIOR TO THE
EXPECTED DATE OF DELIVERY
+ FOUR (4) WEEKS AFTER NORMAL
DELIVERY OR ABORTION WITH FULL PAY
BASED ON HER REGULAR OR AVERAGE
WEEKLY WAGES.
+ MATERNITY LEAVE SHALL BE PAID BY THE
EMPLOYER ONLY FOR THE FIRST FOUR (4)
DELIVERIES BY A WOMAN EMPLOYEE.
+ MATERNITY LEAVE BENEFITS
+ SSS MATERNITY BENEFIT SHALL BE
EQUIVALENT TO 100% OF THE PREGNANT
EMPLOYEE’S AVERAGE DAILY SALARY
CREDIT FOR 60 DAYS (NORMAL DELIVERY)
OR 78 DAYS (CAESARIAN DELIVERY)
+ THE SSS SHOULDERS THE PAYMENT OF
MATERNITY BENEFITS.
+ PATERNITY LEAVE BENEFITS
+ FOUND IN RA. NO. 8187
+ KNOWN AS PATERNITY LEAVE ACT OF 1996
+ REFERS TO THE BENEFITS GRANTED TO
MARRIED MALE EMPLOYEE IN THE PRIVATE AND
PUBLIC SECTORS ALLOWING HIM TO TAKE A
LEAVE FOR 7 DAYS, WITH FULL PAY, FOR THE 1 ST
4 DELIVERIES OF HIS LEGITIMATE SPOUSE WITH
WHOM HE IS COHABITING.
+ NOT REIMBURSED BY THE SSS.
+ CONDITIONS FOR ENTITLEMENT TO PATERNITY
LEAVE:
+ THE EMPLOYEE IS LAWFULLY MARRIED;
+ HE IS COHABITING WITH HIS LEGITIMATE
WIFE;
+ HIS WIFE IS PREGRANT OR HAS
DELIVERED A CHILD OR SUFFERED A
MISCARRIAGE OR ABORTION;
+ MUST BE OF THE FIRST FOUR DELIVERIES;
+ THE EMPLOYER IS NOTIFIED WITHIN
REASONABLE TIME OF THE PREGNANCY
AND OF DATE OF EXPECTED DELIVERY
(NOT REQUIRED IN CASE OF ABORTION OR
MISCARRIAGE)
+ PATERNITY LEAVE MAY BE AVAILED OF BEFORE,
DURING OR AFTER DELIVERY, PROVIDED THE
TOTAL NUMBER OF DAYS DOES NOT EXCEED 7
WORKING DAYS.
+ TRANSPORTATION EXPENSE
+ TRANSPORTATION EXPENSES MADE BY
EMPLOYEE ARE SHOULDERED BY EMPLOYER:
+ TRANSFER OF THE EMPLOYEE
OFTENTIMES WITH HIS FAMILY TO
ANOTHER PLACE.
+ AUTOMOBILE EXPENSE FOR EMPLOYEE’S
CAR ON MILEAGE BASIS WHEN UNDER
OPERATION FOR A LARGE PLANT OR
INTRA PLANT WORK.
+ CIRCUMSTANCES DOES NOT PLACE EMPLOYER
UNDER OBLIGATION FOR THE TRANSPORTATION
EXPENSE OF AN EMPLOYEE:
+ TRANSFER OF EMPLOYEE TO ANOTHER
PLACE AS REQUESTED BY HIM.
+ ON INITIAL EMPLOYMENT, RELOCATION OF
THE NEW EMPLOYEE AND HIS FAMILY TO A
NEW PLACE IF THE NEW JOB REQUIRES.
+ PAYMENTS OF UNIFORM OR WORK CLOTHES
 + COMPANY LOANS
+ EDUCATION AID
NON-FINANCIAL INCENTIVES
+ IT CONSIST OF EMPLOYEE SATISFACTIN, SUCH AS
RESPONSIBILITY, OPPORTUNITIES FOR RECOGNITION,
THE CHANC OF PROMOTION, OR FORM
PSYCHOLOGICAL AND PHYSICAL ENVIRONMENT IN
WHICH THE EMPLOYEE WORKS, SUCH AS A PLEASANT
WORK ENVIRONMENT, SOUND POLICIES, A CAFETERIA,
WORK SHARING COMPRESSED WORK WEEK AND FREE
TIME.
+ PSYCHIC INCOME
+ IT IS THE SUBJECTIVE VALUE OF NONMONETARY
SATISFACTION GAINED FROM AN ACTIVITY,
POSSIBLY IMPLICIT REVENUE ASSOCIATED WITH
AN ECONOMIC TRANSACTION.
+ THIS IS INCOME IN A NON-MONETARY FORM,
GRATIFYING PSYCHOLOGICAL AND EMOTIONAL
NEEDS.
+ REFERS TO WHAT MOTIVATES PEOPLE OTHER
THAN MONEY, SUCH AS RESPECT,
RECOGNITION, CHALLENGE, LOVE OF THE WORK
ITSELF, OPPORTUNITY FOR AUTONOMY,
LOCATION IN A PARTICULAR COMMUNITY, NAME
OF THE PRESTIGIOUS INSTITUTION FOR A
RESUME, TECHNOLOGIES THAT MAKE WORK
LESS DRUDGERY AND FLEXIBLE HOURS
THEREFORE, THE FULL INCOME IS THE
COMBINATION OF WAGES AND PSYCHIC INCOME
OF THE WORKING CONDITIONS.
+ RESTAURANT AND CAFETERIA FACILITIES
+ REASONS FOR THIS INCENTIVE:
+ INCREASED PRODUCTION GOALS
REQUIRES PROPER NUTRITION OF
EMPLOYEES
+ SHORTAGE OF PRIVATE LOCAL
RESTAURANT IN THE PLACE OR WORK
+ LOTS OF EMPLOYEE’S TIME WASTED
GOING TO AND FRO FROM NEARBY
RESTAURANTS
+ INADEQUATE FACILITIES CONTRIBUTE TO
HIGHER LABOR TURNOVER.
+ REASONS AND PURPOSES OF PRACTICE IN THE
PHILIPPINES TO GIVE MEAL ALLOWANCE:
+ TO COMPENSATE EMPLOYEES WHO ARE
REQUIRED TO WORK IN THE FIELD OR FOR
EXTRA HOURS IN CONSIDERATION OF THE
POSSIBILITY OF THEM SPENDING MORE
BECAUSE OF THE TASKS.
+ TO GIVE ADDITIONAL BENEFITS FOR EMPLOYEE
RETENTION PURPOSES
+ TO GIVE ADDITIONAL COMPENSATION THAT IS
NOT TAXABLE
+ COMPANY STORES
+ PRODUCTS ARE OFFERED AT “EMPLOYEE PRICE”
+ STOCK OWNERSHIP
+ IT IS A CONTRACTUAL RIGHT THAT ENTITLES AN
EMPLOYEE TO PURCHASE SHARES OF THE
COMPANY’S STOCK AT A SET PRICE SOMETIME
IN THE FUTURE.
+ CAN BE USED TO KEEP PLAN PARTICIPANTS
FOCUSED ON COMPANY PERFORMANCE AND
SHARE PRICE APPRECIATION.
+ VESTING PERIOD
+ EMPLOYEES HOLD THE STOCK OPTIONS
FOR A SPECIFIC PERIOD OF TIME BEFORE
EXERCISING THEM.
+ LEGAL SERVICES
+ FAMILY PLANNING SERVICES/INCENTIVES FOR FAMILY
PLANNING
+ GROUP INSURANCE
+ IT IS AN INSURANCE THAT COVERS A DEFINED
GROUP OF PEOPLE, FOR EXAMPLE THE
MEMBERS OF A SOCIETY OR PROFESSIONAL
ASSOCIATION, OR THE EMPLOYEES OF A
PARTICULAR EMPLOYER.
MODULE 10 LABOR
Employment and Security of Tenure
Types of Employment in the Philippines
• Regular;
• Casual;
• Project;
• Seasonal;
• Fixed-term; and
• Probationary.
Regular and Casual Employment
• Pursuant to Article 280 of the Labor Code of the Philippines
(“Labor Code”), the primary standard that determines:
• Regular Employment
• the reasonable connection between the particular
activity performed by the employee and the usual
business or trade of the employer; the emphasis is on
the necessity or desirability of the employee’s activity.
• Thus, when the employee performs activities
considered necessary and desirable to the overall
business scheme of the employer, the law regards the
employee as regular.
• In addition, the Labor Code also considers:
• As regular employment a casual arrangement when
the casual employee’s engagement has lasted for at
least one year, regardless of the engagement’s
continuity.
• The controlling test in this arrangement is the length of
time during which the employee is engaged.
(See Universal Robina v. Acibo, G.R. No. 186439, 15
January 2014)
Project Employment
• contemplates an arrangement whereby “the employment has
been fixed for a specific project or undertaking whose
completion or termination has been determined at the time of
the engagement of the employee.” (Article 280, Labor Code of
the Philippines)
• Since the employee’s services are coterminous with the
project, the services of the project employees are legally and
automatically terminated upon the end or completion of the
project.
Seasonal Employment
• Seasonal employment applies “where the work or service to
be performed is seasonal in nature and the employment is for
the duration of the season.” (Article 280, Labor Code of the
Philippines)
 • Season employees may also be considered regular
employees, thus:
• “[f]arm workers generally fall under the definition of
seasonal employees.
• It is consistently held that seasonal employees may be
considered as regular employees.  •
• Regular seasonal employees
• are those called to work from time to time. The
nature of their relationship with the employer is
such that during the off-season, they are
temporarily laid off; but reemployed during the
summer season or when their services may be
needed. They are in regular employment
because of the nature of their job,and not
because of the length of time they have
worked.” (Gapayao v. Fulo, et al., G.R. No.
193493, 13 June 2013)
Fixed-Term Employment
• Fixed-term employment is valid when:
• the fixed period of employment was knowingly and
voluntarily agreed upon by the employer and employee
without any force, duress, or improper pressure being
brought to bear upon the employee and absent any
other circumstances vitiating his consent; or
• it satisfactorily appears that the employer and the
employee dealt with each other on more or less equal
terms with no moral dominance exercised by the
former or the latter. (See Caparoso, et al. v. Court of
Appeals, G.R. No. 155505, 15 February 2007)
Probationary Employment
• Probationary employment exists when the employee, upon his
engagement is made to undergo a trial period where the
employee determines his fitness to qualify for regular
employment, based on reasonable standards made known to
him at the time of engagement.
• The employer shall make known to the employee the
standards under which he will qualify as a regular employee at
the time of his engagement.
• Where no standards are made known to the employee at that
time, he shall be deemed a regular employee. (See Section
6(d), Implementing Rules of Book VI, Rule VII-A of the Labor
Code)
• Generally, probationary employment shall not exceed six (6)
months from the date the employee started working.
(See Article 281, Labor Code)
Apprenticeship Training
• Any training on the job supplemented by related theoretical
instruction involving apprenticeable occupations and trades as
may be approved by the secretary of labor and employment.
• Apprentice
• A worker who is covered by a written apprenticeship
agreement with an employer.
• Can overtime provided there are no regular workers to
do the job and the time spent on overtime work is duly
credited to his training hours.
• The following are related and important principles in
apprenticeship training:
• Wage rate of apprentices -75% of the statutory
minimum wage.
• Apprentice become regular employees if program is
not approved by DOLE.
• Ratio of theoretical instructions and on-the-job training
– 100 hours of theoretical instruction for every 2,000
hours practical training on-the-job.
• Qualification of Apprentice
• Be at least fifteen (15) years of age, provided those
who are at least fifteen (15) years of age but less than
eighteen (18) may be eligible for apprenticeship only in
non-hazardous occupation.
Be physically fit for the occupation in which he desires
to be trained.
• Possess vocational aptitude and capacity for the
particular occupation as established through
appropriate tests.
• Possess the ability to comprehend and follow oral and
written instructions.
Apprenticeship Programs
• The organization of apprenticeship program shall be primarily
a voluntary undertaking by employers.
• When national security or particular requirements of economic
development so demand, the President of the Philippines may
require compulsory training of apprentices in certain trades,
occupations, jobs or employment levels where shortage of
trained manpower is deemed critical as determined by the
Secretary of Labor and Employment.
• The Enterprise shall register its apprenticeship program with
any of the TESDA Provincial Offices. It shall submit the
following:
• Letter of application;
• Certification that the number of apprentices to be hired
is not more than 20 percent of the total regular
workforce; and
• Skills Training Outline.
• No enterprise shall be allowed to hire apprentices unless its
apprenticeship program is registered and approved by
TESDA.
• Probationary Period of Apprentices
• Not be less than four (4) months but not more than six
(6) months.
• Participating employer has the option to hire the
apprentice even prior to the completion of the
apprenticeship period.
• Termination of Apprenticeship Agreement
• Valid grounds for termination of the agreement:
• Habitual absenteeism in pertinent theoretical
instructions and in the training itself.
• Willfully disobey the company rules;
insubordination to superior.
• Poor physical condition not fitted for working.
• Theft or malicious destruction of property and
equipment of company.
• Poor performance on the job and in the
classroom for long period of time despite
warnings given.
• Engage in violence and other types of
misconduct inside the company premises.
• When apprentice may end the training under these
valid causes:
• Substandard working conditions inside the
company premises.
• Recurring violations by the employer on
apprenticeship terms.
• Personal problem that the apprentice believe
shall affect his job performance.
 • Bad habit or a continuing illness.
Learnership Agreement
• Learners
• Are persons hired as trainees in semi0skilled and other
industrial occupations which are non-apprenticeable
and which may be learned through practical training on
the job in a relatively short period of time which shall
not exceed three (3) months.
• May be employed when no experienced workers are
available, the employment of learners is necessary to
prevent curtailment of employment opportunities, and
te employment does not create unfair competition in
terms of labor costs or impair or lower working
standards.
• Learnership Agreement shall be sbject to inspection by the
Secretary of Labor and Employment or his duly authorized
representative.
• Learnership agreement includes:
• The names and addresses of the learners;
• The duration of the learnership period, which shall not
exceed three (3) months;
• The wages or salary rates of the learners which shall
begin at not less than seventy-five (75%) of the
applicable minimum wage; and
• A commitment to employ the learners if they so desire,
as regular employees upon completion of the
learnership. All learners who have been allowed or
suffered to work during the first two (2) months shall be
deemed regular employees if training is terminated by
the employer before the end of the stipulated period
through no fault of the learners.
Employment for Women
• Unlawful for employer to discriminate against any woman
employee with respect to terms and conditions of employment
solely on account of her sex.
• Acts of discrimination are as follows:
• Payment of a lesser compensation. Including wage,
salary or other form of remuneration and fringe
benefits, to a female employees as against a male
employee, for work of equal value; and
• Favoring a male employee over a female employee
with respect to promotion, training opportunities, study
and scholarship grants solely on account of their
sexes.
• Unlawful for employer to require condition of employment or
continuation of employment that a woman employee shall not
get married, or to stipulate expressly or tacitly that upon
getting married, a woman employee shall be deemed resigned
or separated, or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of
her marriage.
• Any woman who is permitted or suffered to work, with or
without compensation, in any night club, cocktail lounge,
massage clinic, bar or similar establishments under the
effective control or supervision of the employer for a
substantial period of time as determined by the Secretary of
Labor and Employment, shall be considered as an employee
of such establishment for purposes of labor and social
legislation.
• Prohibited Acts
• To deny any woman employee the benefits or to
discharge any woman employed by him for the
purpose of preventing her from enjoying any of the
benefits.
• To discharge such woman on account of her
pregnancy, or while on leave or in confinement due to
her pregnancy.
• To discharge or refuse the admission of such woman
upon returning to her work for fear that she may again
be pregrant.
Employment of Non-Resident Aliens
• Required to obtain an employment permit from the DOLE.
• Employment Permit
• May be issued to a non-resident alien or to the
applicant employer after a determination of the non-
availability of a person in the Philippines who is
competent, able and willing at the time of application to
perform the services for which the alien is desired.
• Documents to be submitted upon filing of an application:
• Duly accomplished application form.
• Photocopy of passport, with visa or Certificate of
Recognition for refugees
• Contract of employment/appointment or board
secretary’s Certificate of election
• Photocopy of current AEP (renewal)
• Once permit has been issued, permit may not transfer to
another job or change his employer without prior approval of
the secretary of labor.
• Alien exempted from securing AEP
• All members of the diplomatic service and foreign
government officials accredited by and with reciprocity
arrangement with the Philippine government.
• Officers and staff of international organizations of
which the Philippine government is a member, and
their legitimate spouses desiring to work in the
Philippines.
• Foreign nationals elected as members of the
Governing Board who do not occupy any other
position, but have only voting rights in the corportion.
• Alien exempted from securing AEP
• All foreign nationals grated exempted by law.
• Owners and representatives of foreign principals
whose companies are accredited by the Philippines for
a limited period and solely for the purpose of
interviewing Filipino applicants for employment abroad.
• Foreign nationals who come to the Philippines to teach,
present and/or conduct research studies in universities
and colleges as visiting, exchange or adjunct
professors under formal agreements between the
universities or colleges in the Philippines and foreign
universities or colleges or between the Philippine
government and foreign government; provided that the
exemption is on reciprocal basis.
• Resident foreign nationals.
Regulation of Recruitment
• The private employment sector shall participate in the
recruiment and placement of workers, locally and overseas
under such guidelines, rules and regulations as may be issued
by the secretary of labor.
• Travel agencies and sales agencies of airline companies are
prohibited from engaging in the business of recruitment and
placement of workers fro overseas employment whether for
profit or not.
• Only Filipino citizens or corporations, partnerships, or entities
at least seventy five (75) percent of the authorized and voting
capital stock of which is owned and controlled by Filipino
 citizens shall be permitted to participate in the recruitment and
placement of workers, locally or overseas.
• When applying with a private fee-charging employment
agency for employment assistance shall not be charged any
fee until he has obtained employment through its efforts or has
actually commenced employment. Such fee shall be always
covered with the appropriate receipt clearly showing the
amount paid.
• The secretary of labor shall promulgate a schedule of
allowable fees.
• Article 34. Prohibited practices.
• It shall be unlawful for any individual, entity, licensee,
or holder of authority:
• To charge or accept, directly or indirectly, any amount
greater than that specified in the schedule of allowable
fees prescribed by the Secretary of Labor, or to make a
worker pay any amount greater than that actually
received by him as a loan or advance;
• To furnish or publish any false notice or information or
document in relation to recruitment or employment;
• To give any false notice, testimony, information or
document or commit any act of misrepresentation for
the purpose of securing a license or authority under
this Code.
• To induce or attempt to induce a worker already
employed to quit his employment in order to offer him
to another unless the transfer is designed to liberate
the worker from oppressive terms and conditions of
employment;
• To influence or to attempt to influence any person or
entity not to employ any worker who has not applied for
employment through his agency;
• To engage in the recruitment or placement of workers
in jobs harmful to public health or morality or to the
dignity of the Republic of the Philippines;
• To obstruct or attempt to obstruct inspection by the
Secretary of Labor or by his duly authorized
representatives;
• To fail to file reports on the status of employment,
placement vacancies, remittance of foreign exchange
earnings, separation from jobs, departures and such
other matters or information as may be required by the
Secretary of Labor.
• To substitute or alter employment contracts approved
and verified by the Department of Labor from the time
of actual signing thereof by the parties up to and
including the periods of expiration of the same without
the approval of the Secretary of Labor;
• To become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel
agency; and
• To withhold or deny travel documents from applicant
workers before departure for monetary or financial
considerations other than those authorized under this
Code and its implementing rules and regulations.
Termination of Employment
• In the Philippines, it is taken seriously and can be a complex
process especially after employee is regularized.
• According to the Philippine Constitution
• No involuntary servitude in any form shall exist except
as punishment for a crime whereof the party shall have
been duly convicted.
• In view of the prohibition on involuntary servitude, an
employee is given the right to resign.
• Two kinds of resignation
• Without cause
• Employee is required to give 30-day advance
written notice to the employer.
• With cause
• Termination by Employer
• Employer may also terminate the employment of any
employee due to:
• Installation of labor-saving devices
• Redundancy
• Retrenchment to prevent losses
• Closing or cessation of operation of the
establishment or undertaking by serving a
written notice on the workers and the Ministry of
Labor and Employment at least one (1) month
before the intended date thereof.
• In case of redundancy and installation of labor
saving devices, the affected worker shall be
entitled to a separation pay equivalent to at
least his one (1) month pay or to at least one
(1) month pay for every year of service,
whichever is higher.
• In case of cessation, the separation pay shall
be equivalent to one (1) month pay or at least ½
month pay for every year of service, whichever
is higher. A fraction of at least six (6) months
shall be considered one (1) whole year.
• An employer may terminate an employment for any of the
following causes:
• Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
• Gross and habitual neglect by the employee of his
duties;
• Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
• Commission of a crime or offense by the employee
against the person of his employer or any immediate
member of his family or his duly authorized
representatives; and
• Other causes analogous to the foregoing.
• Termination by Employee
• An employee may terminate without just cause the
employee-employer relationship by serving a written
notice on the employer at least one (1) month in
advance.
• The employer upon whom no such notice was served
may hold the employee liable for damages.
• An employee may put an end to the relationship
without serving any notice on the employer for any of
the following reasons:
• Serious insult by the employer or his
representative on the honor and person of the
employee;
• Inhuman and unbearable treatment accorded
the employee by the employer or his
representative;
• Commission of a crime or offense by the
employer or his representative against the
person of the employee or any of the immediate
members of his family; and
 • Other causes analogous to any of
foregoing.
Employment of Housekeepers
• Domestic or household service
• Means service in the employer’s home which is usually
necessary or desirable for the maintenance and
enjoyment thereof and includes ministering to the
personal comfort and convenience of the members of
the employer’s household, including services of family
drivers.
• The employers shall review the employment contracts
of their housekeepers every three (3) years with the
end in view of improving the terms and conditions.
Manpower Development
• National Manpower and Youth Council
• Is attached to the Department of Labor for policy and
program coordination and hereinafter referred to as the
Council, shall formulate a long-term national manpower
plan for the optimum allocation. Development and
utilization of manpower for employment,
entrepreneurship and economic and social growth.
MODULE 11 LABOR
STRIKES AND LOCKOUTS
STRIKE
ANY TEMPORARY REFUSAL TO PERFORM WORK ASSIGNED BY
EMPLOYER BY THE COMBINED ACTION OF THE EMPLOYEES
AS A CONSEQUENCE OF AN INDUSTRIAL OR LABOR
DISAGREEMENT.
THE FINAL STEP IN A LABOR-MANAGEMENT DISAGREEMENT
OVER WAGES AND WORKING SITUATIONS IS USUALLY A WORK
STOPPAGE.
TYPES
 ECONOMIC STRIKE
 SEEKS TO GET SOME TYPE OF MONETARY
BENEFIT FOR THE WORKERS LIKE
IMPORVED WAGES AND HOURS, OR TO
COMPEL RECOGNITION OF THEIR UNION
 ECONOMIC STRIKERS
 STRIKING EMPLOYEES
 UNJUST LABOR PRACTICE
 STRIKE IS CALLED TO COMPLAINT SOME
ACT OF THE EMPLOYWER THAT THE
EMPLOYEES REGARD AS UNJUST.
 UNFAIR LABOR STRIKERS
 STRIKING EMPLOYEES WHO SEEK
TO PROTEST AN UNFAIR LABOR
PRACTICE COMMITTED BY THEIR
EMPLOYER.
GENERAL CHARACTERISTICS OF STRIKES
WHETHER STRIKE IS LEGAL OR ILLEGAL, THE BUSINESS IS
AFFECTED AND IT IS IMPERATIVE FOR EMPLOYERS TO KNOW
THEIR RIGHTS AND TO KEEP UP TO DATE WITH CURRENT
LABOR LAWS AND LEGISLATION.
STRIKING EMPLOYEES THAT BELONG TO A UNION ARE
UNDER OBLIGATION TO STRIKE WHEN THE UNION
DETERMINES.
 AT RISK OF LOSING NOT ONLY WAGES BUT
BENEFITS IF THE STRIKE DRAGS ON FOR AN
EXTENDED PERIOD OF TIME.
 UNION MEMBERS WHO DOES NOT WANT TO
PARTAKE IN THE STRIKE MAY BE INTIMATED BY
UNION MEMBERS.
the  UNION MEMBERS ARE PROTECTED FROM
DISMISSAL IF IT IS A LEGAL STRIKE.
ECONOMIC EFFECT OF STRIKE IS DETRIMENTAL TO THE
COUNTRY AND ITS WORKER.
THE RIGHT TO STRIKE
IT IS A CONSTITUTIONAL AND LEGAL RIGHT OF THE WORKS
AS THE EMPLOYERS HAVE THE INHERENT AND STATUTORY
RIGHT TO LOCKOUT, ALL WITHIN THE CONTEXT OF LABOR
RELATIONS AND COLLECTIVE BARGAINING.
IT IS A MEANS OF LAST RESORT AND PRESUPPOSES THAT
THE DUTY TO BARGAIN IN GOOD FAITH HAS BEEN FULFILLED
AND OTHER VOLUNTARY MODES OF DISPUTE SETTLEMENT
HAVE BEEN TRIED AND EXHAUSTED.
MAIN TYPES OF STRIKES COVERED BY NLRA ARE:
 UNFAIR LABOR PRACTICE STRIKE WHICH
PROTEST EMPLOYERS ILLEGAL ACTIVITIES.
 ECONOMIC STRIKES WHICH WHEN THERE ARE
DISPUTES OVER WAGES OR BENEFITS.
 RECOGNITION STRIKES WHICH ARE INTENDED
TO FORCE EMPLOYERS TO RECOGNIZE UNIONS.
 JURISDICTIONAL STRIKES WHICH ARE
CONCERTED REFUSAL TO WORK TO AFFIRM
MEMBERS RIGHT TO PARTICULAR JOB
ASSIGNMENTS AND TO PROTEST THE
ASSIGNMENT OF WORK TO ANOTHER UNION OR
TO UNORGANIZED EMPLOYEES.
FORMS OF STRIKES
LEGAL STRIKE — one called for a valid purpose and conducted
through means allowed by law.
ILLEGAL STRIKE — one staged for a purpose not recognized by
law, or if for a valid purpose, conducted through means not
sanctioned by law.
ECONOMIC STRIKE — one staged by workers to force wage or
other economic concessions from the employer which he is not
required by law to grant (Consolidated Labor Association of the
Phil. vs. Marsman and Company, 11 SCRA 589)
ULP STRIKE — one called to protest against the employer’s acts
of unfair practice enumerated in Article 248 of the Labor Code, as
amended, including gross violation of the collective bargaining
agreement (CBA) and union busting.
SLOW DOWN STRIKE — one staged without the workers quitting
their work but by merely slackening or by reducing their normal
work output.
WILD-CAT STRIKE — on declared and staged without filing the
required notice of strike and without the majority approval of the
recognized bargaining agent.
SIT DOWN STRIKE — one where the workers stop working but
do not leave their place of work.
• WALKOUT – AN UNANNOUNCED REFUSAL TO
PERFORM WORK.
• WHIPSAW – A WORK STOPPAGE AGAINST A SINGLE
MEMBER OF A BARGAINING UNIT COMPOSED OF
SEVERAL EMPLOYERS.
• SYMPATHY – A WORK STOPPAGE DESIGNED TO
PROVIDE AID AND COMFORT TO A RELATED UNION
ENGAGED IN AN EMPLOYMENT DISPUTE.
• JURISDICTIONAL – A STRIKE THAT ARISES FROM A
DISPUTE OVER WHICH LABOR UNION IS ENTITLED TO
REPRESENT THE EMPLOYEES. IT IS AN UNLAWFUL
UNDER LABOR LAWS BECAUSE THE ARGUMENT IS
BETWEEN UNIONS AND NOT BETWEEN A UNION AND
THE EMPLOYER.
VIOLENCE N STRIKES
 • STRIKES COULD BE COUNTERED IN VARIETY OF WAYS: • IT MUST BE BASED ON A VALID AND
FACTUAL GROUNDS.
• HIRE STRIKEBREAKERS OR SCABS TO
TAKE THE PLACE OF THE REGULAR • A STRIKE OR LOCKOUT NOTICE SHALL BE
LABOR FORCE. FILED WITH THE NATIONAL CONCILLATION
AND MEDIATION BOARD (NCMB) AT LEAST
• PICKETING 15 DAYS BEFORE THE INTENDED DATE OF
THE STRIKE OR LOCKOUT IF THE ISSUES
• CAN BE REGULATED BY STATUTE
RAISED ARE UNFAIR LABOR PRACTICES
BECAUSE OF THE POTENTIAL FOR
OR AT LEAST 30 DAYS BEFORE THE
VIOLENCE INHERENT IN THIS ACTIVITY.
INTENDED DATE THEREOF IF THE ISSUE
• MASS PICKETING INVOLVES BARGAINING DEADLOCK.

• IS UNLAWFUL UNDER LAW BECAUSE • THE REQUIREMENTS FOR A VALID STRIKE OR

LARGE UNRULY CROWDS COULD BE LOCKOUT ARE:
USED FOR THE PURPOSE OF
• IN CASES OF DISMISSAL FROM
INTIMIDATION.
EMPLOYMENT OF UNION OFFICERS DULY
• STRIKE IS LEGAL ELECTED IN ACCORDANCE WITH THE
UNION CONSTITUTION AND BY-LAWS,
• IF IT IS GENERALLY PEACEFUL. WHICH MAY CONSTITUTE UNION BUSTING
WHERE THE EXISTENCE OF THE UNION IS
THREATENED, THE 15 DAY COOLING OFF
STRIKES AND LOCKOUTS IN VITAL INDUSTRIES PERIOD SHALL NOT APPLY AND THE
UNION MAY TAKE ACTION IMMEDIATELY
• LOCKOUT
AFTER THE STRIKE VOTE IS CONDUCTED
• INCLUDES SHUTDOWNS, MASS AND THE RESULT THEREOF SUBMITTED
RETRENCHMENT AND DISMISSALS TO THE DEPARTMENT OF LABOR AND
WITHOUT PREVIOUS WRITTEN EMPLOYMENT.
CLEARANCE FROM THE SECRETARY OF
PROHIBITED ACTIVITIES
LABOR OR HIS DULY AUTHORIZED
REPRESENTATIVE. • THE FOLLOWING ARE PROHIBITED ACTS AND
PRATICES IN DECLARING STRIKES
• VITAL INDUSTRIES
• Declaring a strike or lockout on grounds
• PUBLIC UTILITIES INCLUDING involving inter-union and intra-union disputes or
TRANSPORTATION AND COMMUNICATION on issues brought to voluntary or compulsory
• COMPANIES ENGAGED N THE arbitration.
MANUFACTURE, PROCESSING OR • Declaring a strike or lockout without first having
DISTRIBUTION OF FUEL GAS, GASOLINE bargained collectively or without first having
AND FUEL OR LUBRICATING OIL filed the required notice or without the
• COMPANIES ENGAGED IN THE necessary strike or lockout vote first having
PRODUCTION AND PROCESSING OF been obtained and reported to the Regional
ESSENTIAL COMMODITIES OR PRODUCTS Branch of the NCMB.
FOR EXPORTS • Declaring a strike or lockout in defiance of a
• COMPANIES ENGAGED IN BANKING OF cease-and desist order, or an order for the
ANY KIND, AS WELL AS HOSPITALS, striking employees to return to work and for the
SCHOOLS, AND COLLEGES. employer to accept the workers after
assumption of jurisdiction by the President or
DECISION TO DECLARE STRIKES Secretary of Labor and Employment, or after
certification or submission of the dispute to
• A STRIKE MUST BE APPROVED BY A MAJORITY VOTE OF
compulsory or voluntary arbitration, or during
THE MEMBERS OF THE UNION AND A LOCKOUT MUST
the pendency of a case involving the authorized
BE APPROVED BY A MAJORITY VOTE OF THE MEMBERS
grounds for the strike or lockout.
OF THE BOARD OF DIRECTORS OF THE CORPORATION
OR ASSOCIATION OR OF THE PARTNERS IN A • Obstructing, impending or with by force,
PARTNERSHIP, OBTAINED BY SECRET BALLOT IN A violence, coercion, threats or intimidation any
MEETING CALLED FOR THAT PURPOSE. peaceful picketing by employees during any
labor controversy or in the exercise of their right
• STRIKE OR LOCKOUT MUST BE REPORTED TO THE
to self-organization or collective bargaining, or
NCMB-DOLE REGIONAL BRANCH AT LEAST 7 DAYS
aiding or abetting such obstruction or
BEFORE THE INTENDED STRIKE OR LOCKOUT SUBJECT
interference.
TO THE COOLING OFF PERIOD.
• Employing any strike breaker or being
• IN THE EVENT THE RESULT OF THE STRIKE/LOCKOUT
employed as a strike-breaker.
BALLOT IS FILED WITHIN THE COOLING OFF PERIOD,
THE 7 DAY REQUIREMENT SHALL BE COUNTED FROM • No public official or employee, including officers
THE DAY FOLLOWING THE EXPIRATION OF THE and personnel of the Armed Forces of the
COOLING OFF PERIOD. Philippines, of the Philippine National Police, or
any armed person shall — a. bring in, introduce
• TWO GROUNDS FOR THE VALID EXERCISE OF THE
or escort, in any manner, any individual who
RIGHT TO STRIKE OR LOCKOUT:
seeks to replace strikers in entering or leaving
• COLLECTIVE BARGAINING DEADLOCK the premises of a strike area; or b. work in
(CBD) place of strikers. Nothing herein shall be
interpreted to prevent the aforementioned
• UNFAIR LABOR PRACTICE (ULP) officials, employees or peace officers from
taking any measure necessary to maintain
• THE REQUIREMENTS FOR A VALID STRIKE OR
peace and order and/or to protect life and
LOCKOUT ARE:
property.
 • Stationary picket and the use of means like A SECONDARY EMPLOYEE BOYCOTT – IN WHICH THE UNION
placing of objects to constitute permanent DISSUADES EMPLOYEES FROM WORKING FOR A PARTICULAR
blockade or to effectively close points of entry BUSINESS.
or exit in company premises.

• Any act of violence, coercion or intimidation by

any picketer.

• The obstruction of the free ingress to or egress

from the employer’s premises for lawful
purposes.

• Obstruction of public thoroughfares while

engaged in picketing.

LOCKOUTS
• IT IS A TEMPORARY WORK STOPPAGE OR DENIAL OF
EMPLOYMENT INITIATED BY THE MANAGEMENT OF A
COMPANY DURING A LABOR DISPUTE.

• IT IS USUALLY IMPLEMENTED BY SIMPLY REFUSING TO

ADMIT EMPLOYEES ONTO COMPANY PREMISES, AND
MAY INCLUDE ACTIONS SUCH AS CHANGING LOCKS
AND HIRING SECURITY GUARDS FOR THE PREMISES.

• USED TO ENFORCE TERMS OF EMPLOYMENT UPON A

GROUP OF EMPLOYEES DURING A DISPUTE.

• CAN ACT TO FORCE UNIONIZED WORKERS TO ACCEPT

CHANGED CONDITIONS SUCH AS LOWER WAGES.

STRIKES AND LOCKOUTS

• GROUNDS FOR VALID EXERCISE OF THE RIGHT TO
STRIKE OR LOCKOUT:

• UNFAIR LABOR PRACTICE

• BARGAINING DEADLOCK

• DECLARATION OF LOCKOUTS

• IN CASE OF LOCKOUT:

DOLE SHALL CONDUCT A REFERENDUM BY SECRET

BALLOTING ON THE REDUCED OFFER OF THE UNION ON OR
BEFORE THE 30TH DAY OF THE LOCKOUT.
WHEN AT LEAST A MAJORITY OF THE BOD OR TRUSTEES OR
THE PARTNERS HOLDING THE CONTROLLING INTEREST IN
THE CASE OF PARTERSHIP VOTE TO ACCEPT THE REDUCED
OFFER, THE WORKERS SHALL IMMEDIATELY RETURN TO
WORK AND THE EMPLOYER SHALL THEREUPON READMIT
THEM UPON THE SIGNING OF THE AGREEMENT.
• OTHER WEAPONS

• BLACKLISTING

• SECONDARY BOYCOTTING

• BLACKLISTING

A BLACKLIST IS A LIST OR REGISTER OF ENTITIES OR PEOPLE

WHO. FOR ONE REASON OR ANOTHER, ARE BEING DENIED A
PARTICULAR PRIVILEGE, SERVICE, MOBILITY, ACCESS OR
RECOGNITION.
IT MAY BE USED IN A PEJORATIVE SENSE, IMPLYING THAT A
PERSON HAS BEEN PREVENTED FROM HAVING LEGITIMATE
ACCESS TO SOMETHING DUE TO INAPPROPRIATE COVERT
ACTIONS OF THOSE WHO CONTROL ACCESS.
IT MAY BE FORMAL OR INFORMAL
• SECONDARY BOYCOTT

• IT IS AN ATTEMPT TO INFLUENCE THE

ACTIONS OF ONE BUSINESS BY EXERTING
PRESSURE ON ANOTHER BUSINESS.

• TWO FORMS:

A SECONDARY CONSUMER BOYCOTT – IN WHICH THE UNION

APPEALS TO CONSUMERS TO WITHHOLD PATRONAGE OF A
BUSINESS.