Atty. Abel U. Mamaril
Outline of Presentation:
1. CONTRACT
2. BASIC RIGHTS OF WORKERS
3. TERMINATION
Contract
A contract is a
meeting of minds between
two persons whereby one
binds himself, with respect
to the other, to give
something or to render
some service.
( Art 1305 NCC)
BASIC RIGHTS OF WORKERS:
1.SECURITY OF TENURE
- Workers cannot be dismissed without just and
authorized causes and due process.
- Workers shall be regular after 6 months probation
Termination by employer
Just causes:
(a)
Serious misconduct or willful disobedience by the
employee of the lawful orders in connection with his work;
(b)
Gross and habitual neglect by the employee of his
duties;
(c)
Fraud or willful breach of trust reposed to the
employee by the employer
(d)
Commission of a crime the employer or any
immediate member of his family or his duly authorized
representative;
Termination by employer
Authorize causes:
1.Installation of
labor-saving
devices,
2.redundancy,
3.retrenchment to
prevent losses or
4. the closing or cessation of operation of the
establishment
Termination by employee
A. Without just cause
written notice on the employer at least 1 month in
advance.
B. With Just Cause
no need of any notice
(1)Serious insult by the employer on the honor and person of
the employee;
(2)Inhuman and unbearable treatment
(3)Commission of a crime by the employer or his
representative against the person of the employee or any
of the immediate members of his family.
Due Process
Two notices rule:
1.State the charges
and give specific
time to reply.
2.Notice of
termination
Classification of Employees
I. Regular Employees
Either from
A. the nature of the work or
B. the duration of the employment.
II. Casual employees
A. Is one who is not performing activities which are
usually necessary or desirable in the usual business or trade of
the employer, and
B. He is a casual employee only for one year.
III. Probationary Employees
- shall not exceed six months from the date the employee
started working
2.HOURS OF WORK
- Normal working hours
shall not exceed eight (8)
hours per day. (Art 83)
- Meal break of less
than one hour and short
rest period shall be
considered compensable
working hours
3. WEEKLY REST DAY
( Art 91)
- A rest period of not less
than 24 consecutive hours after
every 6 consecutive normal
work days.
Who determines the
employees rest day?
4. WAGE AND WAGE RELATED BENEFITS
A. Mininum wage should not be lower than what was determined by RTWPB
SUMMARY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES
Non-Agriculture, Agriculture
As of March 2009(In pesos)
Agricultural
Region
Date of
Effectivity
Non-agricultural
Plantation
NonPlantation
NCR
June 14, 2008
P 345.00 - 382.00
P 345.00
P 345.00
CAR
June 16, 2008
243.00 - 260.00
226.00 242.00
226.00 242.00
I
June 22, 2008
220.00 - 240.00
220.00
195.00
II
June 15, 2008
227.00 - 235.00
III
June 16, 2008
251.00 - 302.00
Source:http://www.nwpc.dole.gov.ph
215.00 - 223.00 215.00 - 223.00
236.00 272.00
216.00 - 256.00
Regular AND Special Holidays
1. January 1 New Year’s Day
2. March 20 Maundy Thursday
3. March 21 Good Friday
4. April 7 Araw ng Kagitingan (in lieu of April 9)
5. May 5 Labor Day (in lieu of May 1) May 1
6. June 16 Independence Day (in lieu of June 12)
August 25 Ninoy Aquino Day (in lieu of August 21)
7. August 25 National Heroes Day
October 1 Eid’l Fitr (to be confirmed by the OMA)
November 1 All Saints Day
8. December 1 Bonifacio Day (in lieu of Nov. 30)
9. December 25 Christmas Day
December 26 - Special Holiday
December 29 -Specia Holiday
10. December 30 - Rizal Day Monday
December 31 Last Day of the Year
B.Holiday Pay (Art 94)
It is a day’s pay given to an employee even if
he does not work on a regular holiday
provided the following conditions are meet:
a. When there are two (2) consecutive regular
holidays, the employee will only be entitled
for the holiday pays if he is present o the
day immediately preceding the first holiday.
b. Employees will be entitled to a holiday pay
provided he worked on the day immediately
preceding the rest day.
C. PREMIUM PAY for work within 8 hours on a:
1. Special or Rest day –
30%ofhis regular wage.
2. Rest day falling on a Special
3. Rest day falling on a regular
holiday – 30%of 200%of his
regular wage
D.OVERTIME PAY for work
in excess of 8 hours on:
1. Ordinary days – plus 25%
of the basic hourly rate
2. Special days, rest Days and
holidays – plus 30% of the
regular hourly rate( Art 87)
QUESTION:
Can undertime be
offset by overtime?
day– 50%( Art 93)
E. Night Shift Differential
Not less than 10% of his
regular wage for every hour of work performed between
10P.M. - 6 A.M. (Art 89)
F. Service incentive Leave
5 days with pay per year of service whether continuous
or broken (Art 95)
G. Service Charges
85%for distribution to rank and file employees;
15% for losses, breakages or distribution to managerial
employees.
H. 13th month pay
- 1/12 of the total basic salary earned within the
calendar year.
I. Paternity Leave(R.A. 8187)June 11, 1996
1.granted to married men working in public or private
sectors.
2.This benefit allows married male not to report to work for
seven (7) days with pay provided:
3.That the spouse has delivered or suffered a miscarriage
4.PL is granted for the first four (4) deliveries of the
legitimate spouse with whom he is cohabiting with.
J. Maternity Leave ( R.A. 8282) May 1, 1997
a. Has paid at least three(3) monthly contribution in
a 12 month period immediately preceding the
semester of her child birth or miscarriage
b. shall be paid only for four (4) deliveries or
miscarriages;
shall be paid a daily maternity benefit
equivalent to 100% of her average daily salary
credit for:
60 days regular delivery
78 days in case of caesarian delivery
5. SAFE AND HEALTHFUL CONDITIONS OF WORK AND
WELFARE SERVICES
Ex.
a. Proper illumination and ventilation,
b. Fire exits and extinguishers,
c. occupation health services,
d. Family welfare/family planning services at the
workplace, etc.
6. SELF ORGANIZATION AND COLLECTIVE
BARGAINING
- Collective Bargaining Agreement
RETIREMENT
When can an employee retire?
Any employee may retire upon:
a. Reaching the retirement age established in the collective bargaining
agreement, OR
b. other applicable employment contract.
When no retirement benefits plan or agreement in the establishment:
 a. upon reaching the age of 60 or more, but not beyond 65 years which is
hereby declared the compulsory retirement age,
 has served at least five (5) years in the said establishment,
- shall be entitled to retirement pay equivalent to at least one-half
(1/2) month salary for every year of service, a fraction of at least six
(6) months being considered as one whole year.
- the term "one half (1/2) month" salary shall mean
fifteen (15) days + one-twelfth (1/12) of the 13th month pay and
the cash equivalent of not more than five (5) days of service incentive
leaves.
Any Question?