Art 18 - ban on direct hiring
exception: direct huring by:
-members of hte diplomatic corp
Art 21 - Foreign Service Participation
Art 22 - Mandatory Remittance
EO 857
3 kinds of workers under book 2
apprentice - 3 to 6 months - salary not below 75% - no commitment to hire apprentice
learner - not more than 3 months- there is a commitment to hire learner should he qualified
-if a learner is dismissed w/o his fault, he is entitled to file for illegal dismissal
handicap worker - Art 78
Book 3
Test of EE-ER relationshionship
>selection
>payment of wages
>control
<power to dismiss
Managerial Employees
Supervisory employees
Field Personnel
Are busdrivers and conductors field personnel?
-no. they are regular employees bec hrs of work can be ascertained
Normal hrs of work - 8hrs a day
prerogative to change the # of work - emploer upon consultation of employees
>working while sleeping - if the nature of work allows sleeping w/o interruption of work
>working while on call - employee who is not required to leave should be paid even if not on call
sembreak of private school teachers - should be paid if the employee is regular and fulltime
meal periods - not less than 60 mins
-if he is required to work while eating, he must be compensated
=if less than 20 mins, it is compensable
night shift diff - 10% of each hr rate (10pm to 6am)
pertime work - work beyond 8hrs
premium pay - addtl compensation w/in 8 hrs on non working days such as rest days and special days
eg. if an employee's rest day is special holiday and he worked on that day, how much will he get as premium pay?
-25%+30%
overtime work of seamen
art 88 - overtime cannot offset undertime
-because overtime has higher pay
art 89 - emergency overtime work
consequences:
article 92 - when employer may work on a restday
holiday pay
-when 2 regular holidays on the same day: >when the employee worked - 300%(1 regular, 1 for each holiday) = the employee must be present the day before holiday
>if he didnt work - 200%
supplements = may not be deducted from the wages
facilities - can be deducted from the wages
Art 121 - powers and functions of the commission 1:25:04
RTWPB
-issue wage order
frequency of wage order - increase of minimum wage
-once in a spa of 12 months unless there is a supervening condition
blue sky bargaining - unreachable
wage distortion
-not ground for strike
organized - grievance machinery, voluntary arbritation
not organized - no cba
labor related dispute - no amount involved - go to regional ofc
appeals - art 129 - nlrc w/in 5 calendar days
2 cases:
-decisions of labor arbiter
-decision of RO under art 129 n