LEGAL ASPECTS in TOURISM & HOSPITALITY

CHAPTER 4
THE ACTUAL WORK PLACE
Introduction
Hospitality and Tourism Management students are expected to have a clear
understanding of some basic concepts of law that they might probably encounter in
their future work industry. It is in this connection that the following concepts of
law affecting employment are discussed:

In a study conducted by Sintayehu, Kassegn, and Sewent (2016), they said

that tourism and hospitality create diversified employment opportunities in
different sectors like accommodation, food and beverage establishments,
transportation services, travel agencies, tour operation companies, natural and
cultural attractions sites. The challenges are poor pay and working conditions,
sexual harassment, discrimination, unequal treatment, low education and
training, undemocratic and rigid corporate culture, seasonality, and political
instability which drastically reduce the number of visitors which in turn brings
high employees' turnover.

Important Concepts of Law Affecting Employment

Labor Law includes all the rules of law governing the conditions under
which persons may work under the control of other persons called employers.
Relevant to this are the concepts of labor standards and labor relations laws
governing hours of work, weekly rest periods, minimum wage rates, unfair labor
practices, strikes and lockouts.

Distinctions between Labor Standards and Labor Relations

Labor Standards prescribe the terms and conditions of employment as
affecting wages or monetary benefits, hours of work, cost of living allowances,
occupational health, safety, and welfare of the workers. On the other hand, Labor
Relations is used to denote all matters arising out of employer-employee
relationship involving the concerted action on the part of the workers which is
usually related with collective bargaining and negotiation process. Labor
Relations is comprehensive to include the former for Labor Standards benefits
are proper bargaining issues, that is, within the domain of Labor Relations.
Social Legislations. Germane to Labor Standards and Labor Relations is the
Social Legislations Law which is governing the employer-employee relationship
while the employee is “not at work” due to hazards arising from employment. It is
actually designed to uplift and protect the welfare of the worker and his family,
because of the hazards beyond his control which immobilize him from working.

Classifications of Labor Laws

Labor Laws may be classified as follows: Protective Legislation; Welfare or
Social Legislation; Diplomatic Legislation; Administrative Legislation; Labor
Relations Legislation; Labor Standards Legislation.
1. Protective Legislation is designed to protect the weaker party to the
employment contract (e.g., Anti-sexual Harassment Laws, Child Labor
Laws, Laws protecting Women Against Discrimination)
2. Welfare or Social Legislation is intended to remove or reduce the
insecurity of the workers while the latter is not at work due to hazards
arising from employment (e.g., SSS Law, GSIS Law, Philhealth/R.A.7875,
Workmen's Compensation Act)
3. Diplomatic Legislation is designed to settle labor disputes through pacific
modes (e.g., laws providing for a conciliation, mediation, grievance
machinery or arbitration)
4. Administrative Legislation creates labor bodies or agencies for
administrative purposes (e.g., POEA, DOLE, NLRC or TESDA)
5. Labor Relations Legislations prescribe minimum requirements relating to
wages, hours of work, cost of living allowances, and other monetary and
welfare benefits including occupational, safety and health standards.
6. Labor Standards Legislations prescribe minimum requirements relating to
wages, hours of work, cost of living allowances, and other monetary and
welfare benefits including occupational, safety, and health standards.

Significant Constitutional Provisions Touching Work

 Section 3, Art XIII of the 1987 Constitution (Protection to Labor Clause)
states that:
“The State shall afford full protection to labor, local, and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.”
It has been a misconception that owners of businesses such in the hospitality
industry are in control of everything, to the extent that employees are being
extremely hesitant to inquire the reasons for doing things... that the bosses are
always correct in policy and decision-making processes leaving no choice for the
employees to do except to follow orders. The 1987 Constitution is very emphatic
on the role of the State to safeguard the labor forces against injustices and abuses
of powers and authority, imposition of policy in accordance with the whims and
caprices of the employers only. It guarantees full protection to labor in
consonance with the legal principle that “Those who are less privileged in life
should have more privileges in law.” It is afforded to place the workingmen on
an equal footing with management with all its powers and influence in negotiating
for the advancement of his interest and the defense of his rights.
Meanwhile, the Constitution also mandates the State to provide full
employment to all, meaning that those who want to work at the prevailing rates of
pay are able to find work without undue difficulty. It covers a situation under
which there are more job openings than there are job applicants. The fulfillment by
the government to provide adequate job and work opportunities abroad and locally
is very evident in the field of hospitality industry: it ushers economic gains;
promotes social and economic security; promotes human dignity; antidote against
revolutionary ideologies, regulates employer's discriminatory practices. The
government through the Department of Tourism highlighting its slogan “It's More
Fun in the Philippines” is doing great in promoting the tourism of the country.
Good Tourism would mean job opportunities to all.
(Note: There is unemployment when there is an involuntary idleness on the
part of an employee who is able and willing to work but could hardly find one,
while there is underemployment when a person is presently employed in work
experience that does not make use of his previous training, education and acquired
expertise.)
Furthermore, Section 3, Art XIII of the 1987 Constitution also states that:
 “The State shall guarantee' the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted activities,
including the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.”
The law clearly enumerated the rights which the employees may sought with
in the event that their employers would abuse their power, whims, and caprices in
the policy and decision-making processes in the management of business.
Employees should not be denied of their rights to form and join an organization
that could help them grow as a person and professionals; collective bargaining
and negotiation power should serve as a mechanism or tool of the employees
whenever they feel that they were being deprived of something that should have
been intended for them; peaceful concerted activities, including the right to strike
in accordance with law can also be exercised by the employees in order that their
voices can be properly heard; employees should enjoy security of tenure... that
their employment contract should not be terminated hastily and for flimsy reasons;
conducive work environment and humane conditions of work should be provided
to the employees so that they can better perform the duties assigned to them; living
wage should be provided to motivate the workers to work harder.
The provision of law, Section 3, Art XIII of the 1987 Constitution also states
that:
“The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.”
Symbiotic relationship is being observed in the hospitality world. The
management deserves loyalty from its employees and so with the employees from
the management. In case of dispute, a voluntary mode in settling disputes should
be observed.
Also stated in Section 3, Art XIII of the 1987 Constitution
“The State shall regulate the relations between workers and employer,
recognizing the right of labor to its just share in the fruits of production and
 the right of enterprises to reasonable returns on investments, and to
expansion and growth.”
Although the employers were given due regard by law when it comes to
their rights and privileges, the management's right to the reasonable returns of
investment, and to expansion and growth, should never be set aside. Thus, the
employees cannot hinder the management in hiring additional employees for the
operation of the employees. Management prerogative is inherently given to the
management on the said instances.

Relationship Determinants Between Employer and Employee

The relationship between employer and employee may be established using
the following determinants:
1. manner of selection and engagement of the putative employee;
2. mode of payment of wages;
3. presence of or absence of the power of dismissal;
4. presence or absence of a power to control the putative employee's conduct.

Nature of the Relationship between Employer and Employee

The New Civil Code (Article 1315) provides that the rights and obligations
arising from employee-employer relationship are contractual in character. In that
connection, the parties are bound not only to the fulfillment of what has been
expressly stipulated but also to all other consequences which, according to their
nature, may be in keeping with good faith, usage, and law.
Article 1700 however provides that the relations between capital and labor
are not merely contractual. They are so impressed with public interest that labor
contracts must yield to the common good. Such contracts are subject to the special
laws on labor unions, collective bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and similar subjects.
Classifications of the Employees
Employees may be classified as follows: Special Workers; Casual
Employees; Specific Project or Seasonal Employees; Probationary; Regular;
Managerial.
Article 58 (b) of the Labor Code of the Philippines or PD 442 defines
Apprentice as a worker who is covered by a written apprenticeship agreement
with an individual employer or any of the entitled recognized under the law.
Article 59 of the same Code provides that to qualify as an Apprentice, a person
should be: (a) at least 14 years of age; (b) possesses vocational aptitude and
capacity for appropriate tests; and (c) possesses the ability to comprehend and
follow oral and written instructions. It must be noted that only employers in highly
technical industries may enter into apprenticeship agreement or otherwise employ
apprentices only in apprenticeable trades and occupations approved by the
Secretary of Labor and Employment. Sec 1 (j), Rule VI, Book II, Rules
Implementing the Labor Code defines Highly Technical Industry as a trade,
business, enterprise, industry, or other activity which utilizes the application of
advance technology. Apprenticeable Trades and Occupations as defined by Art
57 (b) of refer to any trade, form of employment or occupation which requires
more than three (3) months of practical training on the job with compulsory related
theoretical instructions. Apparently, students taking up OJT under the International
Hospitality Management program may not be considered under this classification.
Learners, on the other hand, are persons hired as trainees in semi-skilled
and other industrial occupations which are non-apprenticeable and may be learned
through on-the-job trainings in a relatively short period of time that shall not
exceed three (3) months (Art 73, Labor Code of the Philippines). It seems that
most of the skills being developed among the students of the Hospitality
Management may fall under Learnership. Cooking, bartending, cake decorating,
bed making among other may be learned through the on-the-job trainings in a
relatively short period of time.
Article 79 of the Labor Code of the Philippines provides the definition of
Handicapped Workers. Accordingly, they are those who are impaired either by
age, physical or mental deficiency, or injury.
Types of Employment
The different types of employment may be determined by their nature and/or
the existence of activities that they are compelled to do so. The employer creates
the terms and conditions of the work based on the existing laws and regulations in
the Philippines. The following are the different types of employment in the
Philippines:
1. Regular or Permanent Employment
2. Term or Fixed Employment
3. Project Employment
4. Seasonal Employment
5. Casual Employment
Regular Employees are persons who perform activities, which are usually
necessary or desirable in the usual business or trade of the employer. Any
employee who has rendered at least one (1) year of service, whether such service is
continuous or broken, will be considered a regular employee with respect to the
activity in which he is employed, and his employment will continue while such
activity exists. They enjoy the benefit of security of tenure provided by the
Philippine Constitution and cannot be terminated for causes other than those
provided by law and only after due process is given to them.
Term or Fixed Term Employment. This type of employment is present when
the service of the employee to the employer is for a definite period of time which
in effect must be terminated upon the expiration or end of the said period. The
employment of this type is measured by the commencement and termination of the
employment relationship and not by the activities the employee is expected to do.
The fixed-term employment must be highly regulated subject to the following
conditions: (1) The parties must knowingly and voluntarily agree on the contract
without any vices of consent, not attended by any force, duress, or improper
pressure. (2). It must be established the dealing with each other of the employer
and the employee on more or less equal terms with no dominance exercised by the
former over the latter.
There is a project employment when one employee is hired for a specific
undertaking in which employment duration is specified by the scope of work
and/or length of the project. The status of a regular employment may be achieved
by a project employee when there is a continuous rehiring of same employee after
a project has been completed or when the tasks, they perform are vital, necessary,
and indispensable to the usual business or trade of the employer.
The work to be performed in a seasonal employment is only for a certain time
or season of the year and the employment is only for that specific duration. This
kind of employment is usually encountered in retail, tourism, hospitality, and other
related industries as a way of augmentation of workforce to cover for the demand
during peak season. It must be noted that there are two seasons in the hospitality
industry, to wit: Peak Season and Lean Season. Demands for workers in the
hospitality industry increase during peak seasons (Example: Summer for beaches;
Christmas vacation for December and January) and it decrease during Lean
Season. Usually, the regular seasonal employees are called to work during the peak
seasons and asked to temporarily stop working during off seasons. While the
employees are not working, they are considered on Leave of Absence without pay
until they re-assume their work.
Casual employment pertains to the kind of employment that is not usually
necessary or primarily related to the employer's trade. The obligation of the
employer over the employees terminates as soon as the contract expires. It is
important to discuss with the employee the specific period of employment at the
time that they assume their work. One (1) year of service whether continuous or
not is tantamount to regularization of employment with respect to the activity they
are employed.

Other Types of Employees

A person can be considered as an employee with managerial position after
meeting the following conditions: (1) He is primarily managing the establishment
in which he is employed or of a department or subdivision thereof; (2) He
customarily and regularly directs the work of two or more employees therein; and
(3) He has the authority to hire or fire other employees of lower rank. Their
suggestions and recommendations as to the hiring and firing and promotion or
other change of status of other employees are given particular weight.
The Implementing Rules of the Labor Code has defined domestic servants
as persons in the personal service of another are those who perform services in the
employer's home which are usually necessary or desirable for the maintenance and
employment thereof, or minister to the personal comfort, convenience, or safety of
the employer as well as the members of his employer's household.
The field personnel are non-agricultural employees who regularly perform
their duties away from principal place of business or branch office of the employer
and whose actual hours of work in the field cannot be determined with reasonable
certainty.

The Workers' Rights

The 1987 Constitution has provided the following rights of the employees:
1. Right to self-organization
2. Right to collective bargaining
3. Right to security of tenure
4. Right to just and humane conditions of work. This refers to fair wages and
equal remuneration for work of equal value, safe and healthy working
conditions, equal opportunity to promotion and rest, leisure, and reasonable
limitation of working hours, such as:
4.1The right to regular working hours
4.2The right to regular working days
4.3The right to overtime work
4.4The right to weekly rest period
4.5The right to additional compensation on scheduled rest day/special
holiday
4.6The right to compensation for holiday work; and
4.7The right to hospitalization
5. Right to peaceful concerted activities
6. Right to strike
7. Right to a living wage
8. Right to participate in policy and decision-making processes
9. Right to just share in the fruits of production
The Right to Self-Organization (https://blr.dole.gov.ph/2014/12/11) is the
right of both workers and employees to form, join or assist unions, organizations,
or associations for purposes of collective bargaining and negotiation and for
mutual aid and protection. The right to self-organization also deals with the right
to engage in peaceful concerted activities or to participate in policy and decision-
making processes affecting their rights and benefits.
 The importance of the effective recognition of the Right to Collective
Bargaining (http://www.ilo.org/empent/areas) was affirmed by the 1998 ILO
Declaration of Fundamental Principles and Rights at Work. The workers right to
bargain with employers is important element of the right to association. The
workers and employers can discuss their relations particularly the terms and
conditions of the work through this voluntary process of collective bargaining. The
employees can participate in the collective bargaining through a representation
from their organizations or unions, or if none, they can have representatives
designated voluntarily by the workers. The effectiveness of the process is
dependent on the good faith by all parties involved.
Security of tenure is a legal guarantee to hold an office except in
exceptional and specified circumstances. As held in the case of De Guzman vs.
COMELEC, G.R.No.129118, July 19, 2000, the constitutional guarantee of security
of tenure means that an employee cannot be dismissed from the service for causes
other than those provided by law and only after due process is accorded to
employee. It is settled in the 1996 case of Agoy vs. NLRC, 112096, that even if
probationary employees do not enjoy a status of permanency, they are still
accorded with the constitutional protection of security of tenure. This means that
they may only be terminated for just cause or when they otherwise fail to qualify as
regular employees in accordance with reasonable standards made known to them
by the employer at the time of their engagement.
Protected concerted activity is a legal principle covered by the freedom of
association. It defines the activities that the workers may participate without fear.
of retaliation from the employer.
Strike refers to the temporary stoppage of work due to the refusal of the
employees to work as a way of protest to the decision of the employers on matters
affecting the employees. The right to strike is protected by the National Labor
Relations although it does not cover illegal strikes. Whether a strike is legal rest on
the purpose of the strike, whether the collective bargaining agreement comprises a
“no-strike” clause, and the conduct of the strikers (https://www.nolo.com/legal-
encyclopedia/strikes.html). It should be noted that the strike is considered legal if
the conduct is for economic reasons or to protect an unfair labor practice by the
employer.
In one study published by British Journal of Industrial Relations
(DOI:1111/1467-8543.00252), it was argued that the efficiency and stability of a
firm and the employees’ satisfaction is achievable through the participatory
decision-making rules. According to this study, the employees should take part in
establishing the rules; otherwise, managers will make rules that allow them to
retain control of the key points in the decision-making process.
The employees also have the right to the just share in the fruits of
employments' production. The Section 2 of R.A. 6971 (An Act to Encourage
Productivity and Maintain Industrial Peace by Providing Incentives to Both Labor
and Capital) has specifically provided that “It is the declared policy of the State to
encourage higher levels of productivity, maintain industrial peace and harmony
and promote the principle of shared responsibility in the relations between workers
and employers, recognizing the right of labor to its just share in the fruits of
production and the right of business enterprises to reasonable returns on
investments and to expansion and growth, and accordingly to provide
corresponding incentives to both labor and capital for undertaking voluntary
programs to ensure greater sharing by the workers in the fruits of their labor.”

Employer's Rights
1. Reasonable return on investment
2. Expansion and growth
3. Exercise management prerogative
3.1.to lay down and execute management policies;
3.2.to hire;
3.3.to transfer;
3.4.to discipline;
3.5.to dismiss;
3.6.3.6.Retrenchment. It exists during the period of business recession,
industrial depression, or seasonal fluctuations;
3.7.To declare redundancy. It exists where the services of an employee are in
excess of what is reasonably demanded by the actual requirements of the
enterprise;
3.8.To cease operations. The management may cease business operations or
undertaking even if it is not suffering from serious business losses or
financial reverses as long as he pays his employees their termination pay in
the amount corresponding to their length of service;
3.9.To sell the company;
 3.10. To abolish positions.

Termination of Employer-Employee Relationship

An employer cannot terminate the services of an employee except for just or
authorized causes as provided by Articles 279, 282,283,and 284 of the Labor
Code of the Philippines.
On the other hand, the employee may initiate the termination of employment
contract even without justifiable cause, provided that a written notice shall be
served to the employer (1) month in advance. However, he may terminate
employment relationship without serving notice on the employer for just causes
provided in Art 285 of the Labor Code.
Just Causes. These are modes of termination of employment contract
imputable to the employees’ own acts or omission. For any of these grounds to
warrant the termination of employee's contract, the elements of graveness and
seriousness must be present. Minor violations or incursions would not suffice. The
following are just causes for the termination of employee's contract:
1. Serious Misconduct or Willful Disobedience by the employee of the
lawful orders of the employer or representative in connection with his work;
2. Gross Habitual Neglect by the employee of his duties.
3. Fraud or Willful Breach by the employee of the trust reposed in him by his
employer or duly authorized representative.
4. Commission of a Crime or offense against the person of his employer or
any immediate member of his family and his duly authorized representative.
5. Other Causes Analogous to the foregoing.

Authorized Causes
The causes for the termination of employment contract should not be
imputed neither of the employees and employers. The termination of employment
contract is allowed by law since it recognizes the right of employers to legitimately
decrease labor costs and other circumstances inevitable in the management of
business. The following are the authorized causes in the termination of
employment contract:
 1. Redundancy. It exists when the services of an employee are in excess of
what is reasonably demanded by the actual requirements of the enterprise.
2. Retrenchment. It means reduction in the workforce to forestall business
losses or stop the hemorrhaging of capital.
3. Installation of Labor-Saving Device
4. Closure or Cessation of operation of the establishment or undertaking due
to financial losses.

Some Labor Code Provisions Concerning Hours of Work, Rest Periods,

Holiday Pay, Leaves and Service Charges
Art 83. Normal Hours of Work. The normal hours of work of any
employee shall not exceed eight (8) hours a day.
Article 84. Hours Worked. It shall include: (a) at all times during which an
employee is required to be on duty or be at a prescribed workplace, and (b) at all
times during which an employee is suffered or permitted to work.
Rest period of short duration working hours shall be counted as hours
worked.
Article 85. It is the duty of every employer to give his employees regardless
of sex, not less than 60 minutes time off for their regular meals. These meal
periods are not, however, compensable hours of work. The regular meals are
breakfast, lunch, and supper. Coffee breaks or rest periods running from five (5) to
twenty (20) minutes are not included; they are considered as compensable working
time.
Article 86. Night Shift Differential. Every employee shall be paid a night
shift differential or not less than ten 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. All employees are entitled to night shift differential pay except the
following:
a. Government employees including those employed in government-
owned or controlled corporations with original charters;
b. Employees of retail and service establishment regularly employing not
more than five (5) workers;
c. Domestic helpers;
d. Persons in the personal service of another;
 e. Managerial employees;
f. Officers and members of a managerial staff;
g. Field personnel and other employees whose time and performance are
unsupervised by the employer;
h. Workers who are engaged on task or contract basis, purely
commission basis, or those who are paid with a fixed amount for
performing work irrespective of the time consumed in the
performance thereof (Sec 1, Rule II, Book III, Rules Implementing the
Labor Code)' and,
i. Members of the family of the employer who are dependent upon him
for support (Article 82 of the Family Code).
Article 87. Overtime Work. Work may be performed beyond eight (8)
hours a day provided that the employee is paid for the overtime work, an additional
compensation equivalent to his regular wage plus at least twenty five percent
(25%) thereof. Work performed beyond eight hours on a holiday or rest day shall
be paid an additional compensation equivalent to the rate of the first eight hours on
a holiday or rest day plus at least thirty percent (30%) thereof.
Article 96. Service Charges. All service charges collected by the hotels,
restaurants and similar establishments shall be distributed at the rate of eight-five
(85%) for all covered employees and fifteen percent (15%) for the management.
The share of employees shall be equally distributed among them. In case the
service charge is abolished, the share of the covered employees shall be considered
integrated in their wages.

Anti-Sexual Harassment Act of 1995

The authors believe that there is really a necessity to include the Anti-Sexual
Harassment Act in the discussion of this book since the hospitality industry and
other workplaces are prone to different sexual harassment cases. This book would
at least give the future practitioners basic knowledge of the mentioned law.
Act Declaring Sexual Harassment Unlawful. RA 7877 otherwise known
as the Anti-Sexual Harassment Act of 1995 declares sexual harassment unlawful in
the employment, educator or training environment, and for other purposes.
State Policy Pertaining to Sexual Harassment Cases. Sec 2 of RA 7877
provides that the State shall value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for human rights, and
uphold the dignity of workers, employees, applicants for employment, and students
of those undergoing training, instruction, or education. Towards this end, all forms
of sexual harassment in the employment are hereby declared unlawful.
Query: Jerica, job applicant in a prestigious hotel located in Malate
Manila asked your legal opinion about her experience with Jerry, the
manager of the said hotel. Accordingly, Jerry removed his upper garment for
a change outfit, and it was done in front of Jerica. Being a conservative
woman, Jerica felt that something went wrong. Decide the case.
Work, Education of Training-related Sexual Harassment, Defined. Sec
3 of RA 7877 provides that this is committed by an employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral ascendancy over
another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the
demand, request or requirement for submission is accepted by the object of the said
Act.
Query: Can a man who has been asked for a sexual favor by his
female boss in exchange of promotion seek the protection of RA 7877?

Requisites of Sexual Harassment in a Work-Related or Employment

Environment
RA 7877 also provides that the following must be present in order for an act
in a work-related or employment environment be considered as sexual harassment:
1. The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions, promotions, or privileges;
or the refusal to grant the sexual favor result in limiting, segregating or classifying
the employee which in a way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employees; 2. The said acts would
impair the employees' right or privileges under existing labor laws, or; 3. The said
acts would result in an intimidating, hostile, or offensive environment for the
employee.
 In an education or training environment, sexual harassment is committed:
against one who is under the care, custody or supervision of the offender; against
one whose education, training, apprenticeship or tutorship is entrusted to the
offender; when the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a stipend,
allowance or other benefits, privileges or consideration; or when the sexual
advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice.
It should be noted that any person who directs or induces another to commit
any act of sexual harassment, or who cooperates in the commission thereof by
another, without which it would not have been committed, shall also be held liable
under RA 7877.
Query: Can a GRO (Guest Relations Officer) subject his/her clientele
under the RA7877 on the ground that the latter asked for extra service in
exchange of extra pay?
Grievance Machinery. RA 7877 also provides that in case of work-related
environment, the committee shall be composed of at least one (1) representative
each from the management, union, if any the employees from the supervisory rank,
and from the rank-and-file employees.
In case of the educational or training institution, the committee shall be
composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case
may be.

Liability of the Employer, Head of Office, Educational or Training Institution

According to Section 5 of RA 7877, the employer or head of office,
educational training institution shall be solidary liable for damage arising from the
acts of sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training institution is
informed of such acts by the offended party and no immediate action is taken
thereon.
Query: What is the intention of the law in making the employer
solidary liable for the act done by its employees?
 Victims Not Precluded from Filing a Separate Action for Damages.
Section 6, RA 7877 states that the victims of sexual harassment in a work,
education or training-related cases are not precluded to file a separate or
independent action or damages and other affirmative relief.
Penalties for the Commission of Crime. RA 7877, Sec 7 provides that any
person who violates the provisions of the law shall, upon conviction, be penalized
by imprisonment of not less than one (1) month nor more than six (6) months, or a
fine of not less than ten thousand pesos (10,000) nor more than twenty thousand
pesos (20,000), or both such fine and imprisonment at the discretion of the court.
Prescription Period. The prescription period under the law is three (3)
years.
The undertaking of Ram (2015) has shown that bullying, violence,
and sexual harassment have negative impacts on employees which include
intentions to leave and psychological upset. It was revealed on the said study
that the personal negative feelings and attitudes contribute to the negative
organizational performance indicators, such as high staff turnover rate and
low profitability. In addition, the high prevalence of violence creates a
negative image for the tourism and hospitality industry in general.