NATURE OF EMPLOYMENT country account for 9% of gross domestic product, according to the
Employment plays a vital role in our society. It contributes to the
economic growth and development of a country. In the Philippines,
the number of jobs generated by the three main economic
sectors—agriculture, industry, and services—varies, reflecting their
uneven productivity levels.
Good education increases the chances of good employment. Tutor
et al. (2021) found that a positive college experience, in its multiple
dimensions, is generally associated with better employability, a
stronger sense of citizenship, less predisposition to political action,
and better life satisfaction.
NATURE OF EMPLOYMENT (LOCAL)
There are about 124,000 licensed and registered Filipino nurses who
are jobless, underemployed or are doing non-related work, a
lawmaker said recently, citing data from the Department of Health
(DOH).
“The DOH should track these nurses down and try to convince a
majority of them who are unemployed to work in government
hospitals as a way to start reversing the worsening nursing shortage
in the country,” Camarines Sur Rep. LRay Villafuerte proposed.
Villafuerte made the disclosure following attempts by Health
Secretary Ted Herbosa to hire nursing graduates who failed the
board exams, which the lawmaker described as risky that could end
up as “a cure worse than the disease.”
“Nobody knows who among these 124,000 registered nurses as of
end-2021 or the almost 30,000 new nursing board passers are still
out of work or doing non-nursing jobs at this time,” Villafuerte said.
He cited data provided by the government-accredited national
association Filipino Nurses United (FNU) showing there are “about
124,000 registered nurses who, as of December 2021, were
unemployed, underemployed or doing non-nursing work.”
NATURE OF EMPLOYMENT (ABROAD)
The United States recruits nurses from all over the world, but no
country has contributed more when it comes to filling critical nursing
positions than the Philippines. It accounts for 27% of foreign-born
registered nurses or around 150,000 people, according to the
Migration Policy Institute.
“Filipino nurses that graduated from the Philippines go through four
to five years of nursing training, and it’s rigorous,” said Mila Sprouse,
who studied in the Philippines and is now chief nursing officer at
Seattle’s Virginia Mason Medical Center.
“It’s not for the faint of heart, and so we are very well-positioned to
actually take on challenges,” she said.
“Filipino nurses are very caring,” said Cristina Dimafiles, a nursing
director at Baylor St. Luke’s Medical Center, who comes from a family
of nurses from the Philippines.
Many of these nurses prefer to stay at the bedside, she said. “That’s
why we are the big global exporter of nurses.”
Dimafiles has been at the front lines of the worsening nursing
shortage playing out in U.S. hospitals, especially at the bedside,
where nurses directly interact with patients. As a leader in her field,
she’s concerned about training and retaining the next generation —
and she sees how valuable Filipino nurses are in the mix.
“We have a lot of young, new nurses,” Dimafiles said.
But those working abroad play a critical role in the Philippine
economy because many send money home. Total remittances to the
Philippine Central Bank.
The desire to work abroad, especially in the United States, is strong.
Salaries are high in the U.S., according to Mila Sprouse, who
emigrated for economic reasons.
Even though the demand for foreign nurses is high and nurses want
to work in the U.S., meeting that demand isn’t simple, considering
the current visa restrictions.
Most foreign nurses need to go through the green card process
before they come to the U.S., and slots are limited. In a typical year,
nurses around the world compete for a pool of 40,000 visas that are
targeted to many different kinds of jobs — not just nurses or other
health care workers — and are also for employee family members.
Nationalities are capped in the allotments.
CONDITIONS OF EMPLOYMENT
The Labor Code of the Philippines (Presidential Decree No. 442, as
amended) is the legal code governing employment practices and
labor relations in the Philippines. It was enacted on Labor day, May
1, 1974 by Late President of the Philippines Ferdinand Marcos in the
exercise of his then extant legislative powers.
Compensation - “The purpose of the compensation is to attract,
motivate and to maintain employees”
Direct Compensation - e.g. Incentives & Profit Sharing (Pay for
Performance) Compensation Management (Wages and Salaries)
Indirect Compensation - Security, Safety and health (Legally
mandated benefits) Benefits and Services (“Fringe” benefits)
Benefits and Services are called indirect compensation and are also
known as “fringe benefits” and “Perks”.
Perks (services) are something in addition to the payment like car
fuel and free parking, clothing, and educational supports.
Whereas fringe benefit means something extra (such as vacation
time) that is given by an employer to workers in addition to their
regular pay.
TYPES OF EMPLOYMENT:
1. Regular Employment/Indefinite Period of Employment
REGULAR EMPLOYEE
The Employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the
employer.
The Employee has rendered at least one year of service, whether
such service is continuous or broken, with respect to the activity in
which he is employed and his employment shall continue while such
activity exists.
The Employee is allowed to work after a probationary period.
2. Casual Employment
CASUAL EMPLOYEE
Where an Employee is engaged to perform a job, work or service
which is merely incidental to the business of the employer and such
service is for a definite period made known to the employee at the
time of engagement, provided, that any employee who has rendered
at least one year of service, whether such service is continuous or
not, shall be considered a regular employee with respect to the
activity in which he is employed and his employment shall continue
while such activity exists.
 3. Seasonal Employment
SEASONAL EMPLOYEE
Where an employee is engaged to work during a particular season
on an activity which is usually necessary or desirable in the usual
business or trade of the employer.
4. Probationary Employment/Definite Period of
Employment
PROBATIONARY EMPLOYEE
Where the employee is on trial by an employer during which the
employer determines the qualification of the employee for regular
employment.
5. Project Employment
PROJECT EMPLOYEE
Where the employment has been fixed for a specific project or
undertaking, the completion or termination of which has been
determined at the time of the engagement of the employee.
6. Fixed-Term Employment
FIXED-TERM EMPLOYEE
⦁ A fixed-term employment contract is an employment arrangement
between an employer and a fixed-term employee wherein the latter
will perform work for a term or a certain period of time.
⦁ Fixed term employees should have willfully and voluntarily entered
into the fixed term employment contract.
⦁ Fixed term employees should have bargained on equal footing on
the terms and conditions of employment.
⦁ Non-compliance of the requirements may result in the employee
being reclassified as a regular employee.
WORKING CONDITIONS AND REST PERIOD:
Normal Hours of Work
• The normal hours of work of any employee shall not
exceed eight hours a day except in cases where the
enterprise adopts a compressed work week scheme, but
shall not exceed 48 hours a week.
• This is without prejudice to firms whose normal work
week is five days, or a total of 40 hours based on the
normal work day of eight hours.
• Republic Act 5901 - AN ACT PRESCRIBING FORTY HOURS
A WEEK OF LABOR FOR GOVERNMENT AND PRIVATE
HOSPITALS OR CLINIC PERSONNEL.
• In such cases employees shall be entitled to an additional
compensation of at least 30% of their regular wage for
work performed on the 6th day.
• Working hours shall include all time during which an
employee is required to be on duty and/or to be at a
prescribed workplace; or time during which an employee is
permitted to work; and rest periods of short duration
during working hours. Labor Code of the Philippines,
Article 83 – 84.
Rules on Hours of Work, Who are covered?
All employees in all establishments, for profit or not.
Exceptions:
• Government employees under Civil Service
Law;
• Managerial employees and managerial staff;
• Domestic workers under RA 10361;
• Persons in the personal service of another;
• Workers paid by results;
• Field personnel and those whose time and
performance are unsupervised; and
• Dependent family members of the Employer.
Recording Requirement
• An employer shall maintain records of employment
contracts, daily time records, payment slips, leaves
taken, women-related compliances, and any other
records requirement as per law.
• Employers shall keep and maintain these records for
at least 3 years and shall be available for access or
produce a hard copy of documents as requested by
the labor inspector.
• Employers will be liable for criminal action if they
refuse to give access to the records, work premises, or
employees during the inspection or investigation.
Article 128 of the Labor Code.
Overtime Work is defined as any work performed outside of the
regular working hours i.e. 8 hours per day.
Emergency Overtime Work – An employee may be required to
perform overtime work in an emergency situation like a national
emergency, to prevent loss of life or property during natural
calamities, urgent work to be performed on machines, installations,
or equipment to avoid serious loss or damage, prevent loss or
damage to perishable goods; and the completion or continuation of
the work started before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the
employer.
Undertime Not Offset by Overtime – Undertime work on a business
day cannot be made up by working overtime the next day. The law
forbids the offset because when an employee works fewer than 8
hours, the hourly rate of overtime is higher than the hours
missed. This means that if an employee leaves work early, he cannot
be made to work overtime the next day to make up for those hours.
• In case an employee receives permission to take leave
on a specific day, the employer is still required to pay for
any additional compensation or overtime work done
previously or in the future.
Pay – An employee shall be entitled to a premium of 25% of their
regular wage.
If overtime work is performed i.e. more than 8 hours on a holiday or
rest day then an employee shall be entitled to an additional
premium equivalent to the rate of the first 8 hours plus at least 30%
thereof.
Night Work is defined as work performed between 10 p.m. and 6
a.m. The employee who performs work during the night shall work a
minimum of 7 consecutive hours per night.
• Employers shall mandate upon the request of the
night employee to undergo a health assessment
without charge and to receive advice on how to
reduce or avoid health problems associated with their
work.
• A night employee who is certified by a competent
physician as unfit to render night work due to health
reasons shall be transferred whenever practicable to a
job for which they are fit to work or a similar or
equivalent position.
• Employees who are unable to render night work for a
continuous period of not less than 6 months upon the
 certification of a competent public health authority shall BENEFITS:
be granted the same company benefits as other Minimum requirements set by laws, rules and regulations and other
employees who are unable to work due to illness. In issuances relating to: wages, hours of work, cost of living
addition, a night employee shall be certified as temporarily allowances, and other monetary and welfare benefits, including
unfit for night work for a period of less than 6 months and those set by occupational safety and health standards.
shall be given the same protection against dismissal or
notice of dismissal as other employees who are prevented 1. Minimum Wage
from working for health reasons. 2. Holiday Pay
3. Premium pay
Pay- An employee is entitled to premium pay of 10% of the regular 4. Overtime pay
wage for each hour of work. 5. Night shift pay
6. Service charge share
• If overtime work falls within the nighttime period, 7. Service incentive leave
premiums for overtime work should be integrated into the 8. Maternity leave
regular hourly rate of the employee before computing 9. Paternity leave
night-shift pay i.e. employees receive a 25% premium for 10. Parental leave
overtime work plus their regular pay rate. If overtime falls 11. Leave for VAWC
within the night period, a 10% night premium is applied to 12. Special leave for women
the combined overtime premium and regular pay (10% of 13. 13th month pay
25% premium + regular pay). 14. Separation pay
15. Retirement pay
Breaks 16. Employee compensation pay
17. SSS and PAgIbig benefits
An employee is entitled to not less than 60 minutes of unpaid break
for their regular meals. During day shifts, this time off is usually at Regular Holidays 2024
12:00 p.m. Rest periods of short duration or coffee breaks of 5 to 20 •New Year’s Day – January 1 (Monday)
minutes, if provided, shall be considered paid time. •Maundy Thursday – March 28
•Good Friday – March 29
Weekly Rest •Araw ng Kagitingan – April 9 (Tuesday)
An employer shall provide a rest period of not less than 24 •Labor Day – May 1 (Wednesday)
consecutive hours after every 6 consecutive normal workdays. •Independence Day – June 12 (Wednesday)
However, the employee shall consider the employee’s preference as •National Heroes Day – August 26 (Monday)
to their weekly rest day based on religious grounds. •Bonifacio Day – November 30 (Saturday)
•Christmas Day – December 25 (Wednesday)
Work On Rest Days •Rizal Day – December 30 (Monday)
Special Non-Working Days 2024
When an employer may require work on a rest day
The employer may require their employees to work on any •Ninoy Aquino Day – August 21 (Wednesday)
day if an emergency caused by accident, fire, flood, typhoon, •All Saints’ Day – November 1 (Friday)
earthquake, epidemic, or other disaster or calamity to prevent loss •Feast of the Immaculate Conception of Mary – December 8 (Sunday)
of life and property, or imminent danger to public safety; urgent •Last day of the year – December 31 (Tuesday)
work to be performed on the machinery, equipment, or installation,
to avoid serious loss which the employer would otherwise suffer; Additional Special Non-Working Days 2024
abnormal pressure of work due to special circumstances; prevent •Chinese New Year – February 9 (Friday), following Proclamation No.
loss or damage to perishable goods; nature of the work requires 453
continuous operations, or under other circumstances analogous or •Black Saturday – March 30
similar to the foregoing as determined by the Labor Authorities. •All Souls’ Day – November 2 (Saturday)
Pay for Work on Weekly Rest – Where an employee is made or •Christmas Eve – December 24 (Tuesday)
permitted to work on their scheduled rest day, they shall be paid an
additional compensation of at least 30% of their regular wage. An Right to Holiday Pay
employee shall be entitled to such additional compensation for work Holiday Pay refers to the payment of regular daily wage for any
performed on Sunday only when it is the established rest day. unworked Regular Holiday at the rate of 100%.

When the nature of the work of the employee is such that
an employee has no regular work days and no regular rest days can
be scheduled, they shall be paid an additional compensation of at
least 30% of the regular wage for work performed on Sundays and
holidays.
If the Employee is allowed or required to work on a Regular Holiday,
he is entitled to 200% of his daily wage rate (Basic Wage + COLA).
If 2 Regular Holidays fall on the same day and the Employee is
allowed or required to work on such day, he is entitled to 300%.

Pay for Overtime on Weekly Rest – Overtime on a rest day shall be

paid an additional compensation of at least 30% of a regular wage.
Who are Entitled to Holiday Pay?
All employees in all establishments, for profit or not, including
daily-paid workers.
Exceptions:
• Government employees subject to Civil Service Law;
• Managerial employees and managerial staff;
• Persons in the personal service of another;
• Workers paid by results;
• Field personnel and other employees whose time and
performance are unsupervised;
• Dependent family members of the Employer; and
• Retail/Service Establishment regularly employing less
than 10 workers.
Rules on Holiday Pay:
• Employees are entitled when they are present or on
leave with pay on the preceding workday.
• Employees are NOT entitled if absent or on leave
without pay on the preceding workday, unless they work
on such Regular Holiday, in which case they are entitled
to 200%.
• When preceding day is non-work day or rest day, the
Employee is entitled, if he worked on the day before
such non-work day or rest day.
• In case of successive Regular Holidays i.e. Holy Week,
the Employee shall NOT be entitled to the successive
Regular Holidays if he is absent or on leave without pay
on the preceding work day (Wednesday), unless he
worked on the first Holiday.
• Seasonal workers may not be paid during off season.
• Those without regular working days are entitled.
• When company is on temporary or periodic shutdown
not due to business reverses, the employee is entitled.
• But when shutdown is due to business reverses, the
employee is not entitled.
• If a Regular Holiday falls on the same day, the Employee
shall still be paid 100% for each days or a total of 200%.
Weekly Rest Days:
• It is the duty of the Employer to provide a Rest Day of
not less than 24 hours after 6 consecutive working
days.
• Old law: Rest Day is Sunday.
• New law: Rest Day is any day.
• Employer determines the Rest Day of the Employee,
subject to agreement and rules of DOLE.
• Employees are given preference based on religion.
Premium Pay: Rest Day/Special Day Pay:
Rule: Work on Rest Day (and Special Day) is not permitted.
Exceptions (Rest Day):
• When there is an emergency or urgent
situation.
• When work is necessary to prevent prejudice
to business or operations.
Rate: 130% of regular hourly rate on ordinary working days. 150% if
Rest Day and Special Day fall on the same day.
COLA not included in the computation (unlike in Holiday Pay).
Premium Pay Who are Covered?
All employees in all establishments, for profit or not.
Exceptions:
• Government employees subject to Civil Service Law;
• Managerial employees and managerial staff;
• House helpers and persons in the personal service of
another;
• Workers paid by results;
• Field personnel and other employees whose time and
performance are unsupervised;
• Dependent family members of the Employer.
Night Shift Differential Pay
NSD Pay refers to the the additional compensation for each hour of
work performed between 10PM and 6AM.
Rate: 110% of the regular hourly wage rate.
Night Shift Differential Pay Who are Covered?
All employees in all establishments, for profit or not.
Exceptions:
• Government employees subject to Civil Service Law;
• Managerial employees and managerial staff;
• House helpers and persons in the personal service of
another;
• Field personnel and other employees whose time and
performance are unsupervised;
• Workers paid by results;
• Dependent family members of the Employer; and
• Retail/ Service Establishment employing not more than
5 workers.
Service Incentive Leave
• The Employee is entitled to 5 days of leave with pay for
every one year of service; provided that he has served
for 1 year already.
• If Employer grants vacation leave with pay of at least 5
days every year, then this is already compliance with SIL.
• Commutable to cash and becomes SIL Pay.
• Part-time employees are also entitled to full service
incentive leave.
• No Labor Code provisions on vacation leave or sick
leave.
Service Incentive Leave Who are Covered?
All employees in all establishments, for profit or not.
Exceptions:
• Government employees subject to Civil Service Law;
• Managerial employees and managerial staff;
• Persons in the personal service of another;
• Field personnel and other employees whose time and
performance are unsupervised;
• Workers paid by results;
• Dependent family members of the Employer; and
• Retail/ Service Establishment employing less than 10
workers.
Service Charges
• Employees are entitled to a share from the Service
Charge being collected by the Employer from his
customers.
• Rank-and-file employee’s share: 85%
• Management’s share: 15%.
• Rank-and-file employees shall receive equal share.
• If abolished, the share of the Rank-and-file employees
shall be considered integrated to their wages.
• If the Employer doesn’t collect Service Charge, the
pooled tips shall be treated the same way as Service
Charge.
Article 287: Retirement Pay
• Retirement age: 60 to 65 years old.
• Employee must also have worked for at least 5 years
for the Employer.
• Rate: Equivalent to 22.5 days salary for every year of
service payable by Employer.
• Distinct from the Retirement Benefits from SSS.
• Excluded: Government employees; and Retail/
Service/ Agricultural Establishments employing not
more than 10 workers.
Separation Pay
• Employees terminated by the Employer on the basis
of Authorized Causes are entitled to Separation Pay.
• Rate: 1 Month or ½ Month Salary for every year of
service: Retrenchment, Closure of Business, Serious
Disease.
• Rate: 1 Month or 1 Month Salary for every year of
service: Labor-saving device, Redundancy, and
Impossible Reinstatement.
• Regular Allowance in included in the computation.
• Employees terminated by the Employer on the basis
of Authorized Causes are entitled to Separation Pay.
• Rate: 1 Month or ½ Month Salary for every year of
service: Retrenchment, Closure of Business, Serious
Disease.
• Rate: 1 Month or 1 Month Salary for every year of
service: Labor-saving device, Redundancy, and
Impossible Reinstatement.
• Regular Allowance in included in the computation.
Presidential Decree 851: 13th Month Pay
• Rank-and-file employees are entitled to 13th month
pay; provided they worked for at least 1 month.
• Rate: 1/12 of the total basic salary earned by an
Employee in a year.
• Excluded: Government employees, Employees paid
based on results, and Managerial employees.
• Domestic workers are now entitled to 13th Month
Pay per RA 10361.
Maternity Leave
• All pregnant female workers are entitled to Maternity
Leave subject to SSS Law.
• 60 days of the average daily salary credit for normal
birth or miscarriage.
• 78 days of the average daily salary credit for ceasarian
section delivery.
• Requirements: Membership in the SSS with at least 3
months contributions prior to delivery or miscarriage.
Paternity Leave
-All married male workers are entitled to Paternity Leave of 7
calendar days with pay for the first 4 deliveries (or miscarriage) of his
lawful wife whom he is cohabiting with.
-Paternity Leave is Not convertible to cash.
Parental Leave for Solo Parents
Parental Leave shall mean leave benefits granted to a solo
parent to enable him or her to perform parental duties and
responsibilities where physical presence is required.
The solo parent is entitled to 7 days leave with pay.
Parental Leave is Not convertible to cash.
Requirements: At least 1 year of service and DSWD Solo
Parents ID.
Leave for Victims of VAWC
• Female employees who are certified as victims under
the “Anti-Violence Against Women and their Children
Act of 2004” are entitled to 10 days of leave with pay to
enable her to attend to medical and legal concerns.
• VAWC Leave is Not convertible to cash.
• Requirements: Certification from the barangay,
prosecutor, or clerk of court that a VAWC case involving
the victim female employee is pending.
Special Leave for Women
• Female employees who has undergone surgery due to
gynecological disorders are entitled to 2 months
leave with pay to enable her to attend to medical and
legal concerns.
• Special Leave is Not convertible to cash.
• Requirements: Certification from physician, and
employment service of at least 6 months within the
12 month period prior to surgery.
Employee Compensation Program
• The ECP is designed to provide a compensation package
to Employees and their dependents in case of
work-related sickness, injury, disability or death.
• Benefits: Loss of income benefit; Medical benefit;
Rehabilitation services; Career allowance; and Death
benefits.
• Workers in the formal sector are covered starting on day
1 of their employment.
PhilHEALTH Benefits
• The National Health Insurance Program, which is
administered by PhilHEALTH, provides financial
assistance to member-Employees when they get
hospitalized.
• All employees are required to be members.
• Benefits: Inpatient hospital care; and outpatient care
based on a Schedule of Benefits.
Social Security System (SSS) Benefits
• The Social Security Program provides a package of
benefits in the event of death, disability, sickness,
maternity, and old age. It provides replacement for
income lost during these contingencies.
• All employees in the private sector are mandatorily
covered, including Domestic Workers.
• Benefits: Sickness, Maternity, Disability, Retirement,
Death & Funeral, based on a Schedule of Benefits.
Occupational Safety and Health Standards
-Every covered Employer is required to keep and maintain his
workplace free from work hazards that are causing or likely to cause
physical harm to the workers or damage to property.
-The Occupational Safety and Health Standards, as amended, is the
body of rules and regulations that protect every worker against the
dangers of injury, sickness or death through safe and healthful
working conditions.
Non-Diminution Benefits
The reduction or elimination of benefits provided under
the law, agreement or voluntary practice is prohibited.
The principle of non-diminution of benefits states that: “
any benefit and supplement being enjoyed by employees cannot be
reduced, diminished, discontinued or eliminated by the employer.”
 Exception to Rules on Non-Diminution Benefits
• If circumstances no longer justify grant of benefits
(Dislocation pay, relocation allowance, per diem,
supplements, etc.)
• Rule on grant of bonus – management prerogative, but
not if given as a salary supplement and without
conditions.
Working Conditions for Special Groups of Employees
•Working Women (Chapter XI)
a. Prohibiting night work within certain hours
regardless of age, with or without compensation are:
industrial undertakings, between 10:00 PM and 6:00
AM of the following day.
Exceptions:
In cases of actual or impending emergencies to prevent loss of life
or property; imminent danger to public safety; in case of urgent
work on machineries, equipment or installations to avoid serious
loss to the employer, among others.
b. Requiring facilities for women
Exceptions:
The law requires the Secretary of Labor to establish standards to
ensure the safety and health of women employees, such as seats
when appropriate, separate toilet rooms and a dressing room for
women, a nursery, and appropriate minimum age and other
standards for retirement or termination in special occupations (cf.
Art. 132 LC).
c. Requiring free family planning services and incentives
Establishments required to maintain a clinic or infirmary shall
provide for family planning services to their employees (Art. 134 LC)
d. Prohibiting discrimination on account of sex
Equal remuneration shall be paid to both the men and women for
work of equal value (Art. 135 LC). This has been relegated into a
crime by R.A. 6725 (cf. infra).
e. Identifying prohibited acts of an employer
The Code makes it unlawful for an employer: to deny legal
benefits or to discharge a women employee to prevent her from
enjoying them; to discharge her on account of pregnancy; or while
on leave or in confinement due to her pregnancy; or to discharge or
refuse her admission upon returning to work for fear that she may
again be pregnant (Art. 137 LC).
Disability Benefits
Temporary Total Disability ( TTD )
income benefit = 90% of his average daily salary
coverage = continuous benefit pay must not exceed 129 working
days
Permanent Total Disability ( PTD )
income benefit = equivalent to his monthly income benefit + 10% for
each dependent child (not exceeding 5 dependents).
guaranteed monthly benefit = five years
❑ Permanent Total Disability ( PTD )
The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one
hundred twenty days, except as otherwise provided for in the Rules;
(2) Complete loss of sight of both eyes;
(3) Loss of two limbs at or above the ankle or wrist;
(4) Permanent complete paralysis of two limbs;
(5) Brain injury resulting in incurable imbecility or insanity; and
(6) Such cases as determined by the Medical Director of the System
and approved by the Commission.
Death Benefits
Article 192. Death. — (a) Under such regulations as the Commission
may approve, the System shall pay to the primary beneficiaries upon
the death of the covered employee under this Title a monthly
income benefit equivalent to the monthly income benefit for
permanent total disability increased by ten per cent for each
dependent child but not exceeding five, beginning with the youngest
and without substitution: Provided, That the portion equivalent to
the monthly income benefit for permanent total disability shall be
guaranteed for five years; Provided, further, That if he has no
primary beneficiary the System shall pay to his beneficiaries or legal
heirs a lump sum benefit equivalent to the lesser of thirty times the
monthly income benefit for permanent total disability and six
thousand pesos.
Article 192. Death. — (b) Under such regulations as the Commission
may approve, the System shall pay to the primary beneficiaries upon
the death of a covered employee who is under permanent total
disability under this Title the balance of his income benefit plus ten
per cent of the monthly income benefit for each dependent child but
not exceeding five, beginning with the youngest and without
substitution: Provided, That if he has no primary beneficiary the
System shall pay to his beneficiaries or legal heirs a lump sum benefit
equivalent to the lesser of the balance of his income benefit or thirty
times his monthly income benefit and six thousand pesos.
Unfair Labor Practices by Employer
Employers may be held liable for unfair labor practices if they
interfere with their employees right to self-organization.
1. Concept
“Unfair labor practices” – violate the constitutional right of workers
and employees to self-organization, are inimical to the legitimate
interests of both labor and management, including their right to
bargain collectively and otherwise deal with each other in an
atmosphere of freedom and mutual respect, disrupt industrial peace
and hinder the promotion of healthy and stable labor-management
relations. (Article 258, P.D. 442, Labor Code)
2. Employer Unfair Labor Practices
• Unfair labor practices may be committed both by the
employer under Article 248 and by labor organizations
under Article 249 of the Labor Code.
• It shall be unlawful for an employer to commit any of the
following unfair labor practices:
1) To interfere with, restrain or coerce employees in the
exercise of their right to self-organization.
2) To require as a condition of employment that a person or
an employee shall not join a labor organization or shall
withdraw from one to which he belongs.
3) To contract out services or functions being performed by
union members when such will interfere with, restrain or
coerce employees in the exercise of their right to
self-organization.
4) 4) To initiate, dominate, assist or otherwise interfere with
the formation or administration of any labor organization