Labor Standards Part 3 by Atty. Anselmo S. Rodiel IV
C. Leaves
1. Labor Code
1. Service incentive leave (5 days every year - at least 1 year of service)
1. ART. 95. Right to service incentive leave. (a) Every employee who has rendered at least 1 year of service shall
be entitled to a yearly service incentive leave of 5 days with pay.
(b) This provision shall NOT apply to:
(AVEE)
1. Already enjoying the benefit herein provided,
2. Vacation leave with pay of at least 5 days and
3. Establishments regularly employing less than 10 employees or
4. Exempted by the Secretary after considering the viability or
financial condition of such establishment.
2. SIL is cumulative and convertible in cash.
2. Special laws
1. Parental leave for solo parents (7 days w/ full pay every year - at least
1 year of service)
1. (a) “Solo parent” – the instances are of common sense.
A change in the status of the parent + no longer left alone with the
responsibility of parenthood + terminate eligibility for these benefits.
2. Section 8. Parental Leave. – In addition to leave privileges under
existing laws, parental leave of not more than 7 days every year shall
be granted to any solo parent employee who has rendered service of
at least one (1) year. (Solo Parents’ Welfare Act)
2. Expanded maternity leave (For delivery, 105 days w/ full pay + 30
days w/o pay + 15 days w/ full pay if Solo Parent; For miscarriage, 60
days w/ full pay )
1. All covered female workers in the government and the private sector,
including those in the informal economy, regardless of civil status or
legitimacy of her child, shall be granted 105 days maternity leave with
full pay and an option to extend for an additional 30 days without pay:
Provided, That in case the worker qualifies as a solo parent under the
Solo Parents’ Welfare Act, the worker shall be granted an additional 15
days maternity leave with full pay.
1. For “full pay,” this consists of: i) SSS maternity benefit computed
based on their average daily salary credit, and ii) salary differential
to be paid by the employer.
1. However, they shall NOT be entitled to the salary differential if
they are employed by ANY of the following EXEMPT
1.
establishments:
(DRMA)
1. Distressed establishments
2. Retail/service establishment and other enterprises
regularly employing not more than 10 workers
3. Micro-business enterprises + engaged in manufacturing
of products of commodities + whose total assets are not
more than P3M
4. Already providing similar benefits or more than the
benefits under the existing CBA/company practice or
policy.
2. For the “additional 30 days leave without pay”, due notice to the
employer in writing must be given at least 45 days before the end
of the female worker’s maternity leave.
1. However, no prior notice is necessary in the event of MEDICAL
EMERGENCY. Subsequent notice shall be given to the
employer.
2. In cases of miscarriage or emergency termination of pregnancy, 60
days of maternity leave with full pay shall be granted.
3. For female national athletes, upon medical advice, she shall go on
maternity leave until cleared to return to training. She shall continue
receiving her allowance and be entitled to the same benefits while on
maternity leave prior to childbirth and up to six (6) months after.
4. Enjoyment of maternity leave CANNOT BE DEFERRED, but should be
availed either before or after the actual period of delivery in a
CONTINUOUS and UNINTERRUPTED manner, not exceeding 105 days,
or 60 days, as the case may be.
1. For delivery, the leave can be credited as combinations of prenatal
and postnatal leave as long as it does not exceed 150 days and
the compulsory postnatal leave shall not be less than 60 days.
5. Maternity leave shall be granted to female workers in EVERY instance
of pregnancy, miscarriage or emergency termination of pregnancy,
REGARDLESS OF FREQUENCY. (105 - Day Expanded Maternity Leave
Law)
3. Paternity leave (7 days w/ full pay - married male + first 4 deliveries
with spouse cohabiting; allocate 7 days - father, even if not married;
death/PI of mother, balance accrue to the father)
1. SECTION 2. Notwithstanding any law, rules and regulations to the
contrary, every married male employee in the private and public
sectors shall be entitled to a paternity leave of seven (7) days with full
pay for the first four (4) deliveries of the legitimate spouse with whom
he is cohabiting. The male employee applying for paternity leave shall
notify his employer of the pregnancy of his legitimate spouse and
the expected date of such delivery. For purposes, of this Act, delivery
shall include childbirth or any miscarriage. (Paternity Leave Act of
1996)
2. Any female worker entitled to maternity leave benefits as provided for
herein may, at her option, allocate up to seven (7) days of said
benefits to the child’s father, WHETHER or not the same is MARRIED
to the female worker: Provided, That in the death, absence, or
incapacity of the former, the benefit may be allocated to an alternate
caregiver who may be a relative within the fourth degree of
consanguinity or the current partner of the female worker sharing the
same household, upon the election of the mother taking into account
the best interests of the child: Provided, further, That written notice
thereof is provided to the employers of the female worker and
alternate caregiver: Provided, furthermore, That this benefit is OVER
AND ABOVE that which is provided under Republic Act No. 8187, or
the "Paternity Leave Act of 1996":
3. Provided, finally, That in the event the beneficiary female worker dies
or is permanently incapacitated, the balance of her maternity leave
benefits shall accrue to the father of the child or to a qualified
caregiver as provided above. (105 – Day Expanded Maternity Leave
Law)
4. Gynecological leave (2 months w/ full pay - service for at least 6
months for the last 12 months)
1. Gynecological disorders are disorders that would require surgical
procedures on female reproductive organs. This includes operations
on the female breast, such as mastectomy.
2. SECTION 18. Special Leave Benefits for Women. — A woman
employee having rendered continuous aggregate employment service
of at least six (6) months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused
by gynecological disorders. (Magna Carta for Women)
5. Battered woman leave (10 days + extendible by protection order Victim of VAWC)
1. SECTION 43. Entitled to Leave. – Victims under this Act shall be
entitled to take a paid leave of absence up to ten (10) days in addition
to other paid leaves under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as specified in the
protection order. (Violence Against Women and Children Act)
SIL (Labor Code)
Solo Parents’
Maternity Leave
Gynecological
Leave
Leave
5 days w/ full pay
every year rendered at least 1
year of service
7 days w/ full pay
every year - Solo
Parent + rendered
at least 1 year of
service
Every delivery:
105 days w/ full
pay + 30 days w/
o pay + 15 days
w/ full pay if solo
2 months w/ full
pay - following
procedure for
gynecological
disorder +
SIL (Labor Code)
Solo Parents’
Leave
Maternity Leave
Gynecological
Leave
5 days w/ full pay
every year rendered at least 1
year of service
7 days w/ full pay
every year - Solo
Parent + rendered
at least 1 year of
service
Every delivery:
105 days w/ full
pay + 30 days w/
o pay + 15 days
w/ full pay if solo
parent
Every miscarriage:
60 days w/full
pay
2 months w/ full
pay - following
procedure for
gynecological
disorder +
rendered at least
6 months the last
12 months
Battered woman
leave
Paternity Leave
10 days w/ full
pay + extended
by protection
order - Victim of
VAWC
Paternity Leave
Act - 7 days w/
full pay - married
male + first 4
deliveries of the
legitimate wife he
is cohabiting
EMLL - allocate 7
days of ML father/alternate
caregiver + even if
not married
Death/PI of
mother - balance
accrue to the
father/alternate
caregiver
_______________________________________________________________________________________
_______________________________________________________________________________________
___________
D. Sexual harassment in the work environment
1. Definition; Duties and liabilities of employers; Applicable laws
1. Sexual Harassment Act (RA 7877)
1. SECTION 4. Work, Education or Training -Related, Sexual Harassment
Defined.
Work, education or training-related sexual harassment is committed
by an employer, 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 said Act.
1. In a work-related or employment environment, sexual harassment
is committed when:
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 of conditions, promotions, or privileges;
or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee;
2. The above acts would impair the employee's rights or
privileges under existing labor laws; or
3. The above acts would result in an intimidating, hostile, or
offensive environment for the employee.
2. In an education or training environment, sexual harassment is
committed:
1. Against one who is under the care, custody or supervision of
the offender;
2. Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
3. 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
4. When the sexual advances result in an intimidating, hostile
or offensive environment for the student, trainee or
apprentice.
1. “Sexual favor” need not be articulated in a categorical
oral or written statement. It can be implied/discerned from
the acts of the offender. (Domingo v Rayala)
2. Further, it need not even be sexual favors. As long as the
act resulted in IHO environment for the employee, there is
sexual harassment.
2. SECTION 4. Duty of the Employer or Head of Office in a Work-related,
Education or Training Environment.
It shall be the duty of the employer or the head to prevent or deter
the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of
sexual harassment. Towards this end, the employer or head of office
shall:
1. Promulgate appropriate rules and regulations in consultation with
and joint1y approved by the employees or students or trainees,
1.
through their duly designated representatives, prescribing the
procedure for the investigation of sexual harassment cases and
the administrative sanctions therefor.
1. Administrative sanctions shall not be a bar to prosecution in
the proper courts for unlawful acts of sexual harassment.
2. The said rules and regulations issued pursuant to this
subsection (a) shall include, among others, guidelines on
proper decorum in the workplace and educational or training
institutions.
2. Create a committee on decorum and investigation (CODI) of
cases on sexual harassment. The committee shall conduct
meetings, as the case may be, with officers and employees,
teachers, instructors, professors, coaches, trainors, and students
or trainees to increase understanding and prevent incidents of
sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.
1. In the case of a work-related environment, the committee
shall be composed of at least one (1) representative each
from the management, the union, if any, the employees from
the supervisory rank, and from the rank and file employees.
2. In the case of the educational or training institution, the
committee shall be composed of at least one (1)
representative from the administration, the trainors,
instructors, professors or coaches and students or trainees,
as the case may be.
3. The employer or head of office, educational or training
institution shall disseminate or post a copy of this Act for the
information of all concerned.
3. SECTION 5. Liability of the Employer, Head of Office, Educational or
Training Institution.
The employer or head of office, educational or training institution
shall be solidarily liable for damages 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.
4. SECTION 7. The prescriptive period for sexual harassment is three (3)
years.
5. The words “demand, request, or requirement” need not be articulated
in a categorical oral or written statement. It may be discerned, with
equal certitude, from the acts of the offender. Holding and squeezing
shoulders, and running his fingers across her neck and tickling her ear
constitute as “demand, request, or requirement.” (Domingo v Rayala,
2008)
2. Safe Spaces Act (RA 11313)
1. Sec. 16. Gender-based sexual harassment in the workplace includes:
1. An act or series of acts involving any unwelcome sexual advances,
requests or demand for sexual favors or any act of sexual nature,
whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through
any other forms of information and communication systems, that
has or could have a detrimental effect on the conditions of an
individual’s employment or education, job performance or
opportunities
2. A conduct of sexual nature and other conduct-based on sex
affecting the dignity of a person, which is unwelcome,
unreasonable, and offensive to the recipient, whether done
verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of
information and communication systems;
3. A conduct that is unwelcome and pervasive and creates an
intimidating, hostile or humiliating environment for the recipient:
2. The crime of gender-based sexual harassment may also be
committed: (PESTS)
1. between Peers
2. by the Employee to the employer,
3. by the Student to the teacher,
4. by the Trainee to the trainer,
5. by the Subordinate to the superior officer (Peers or Superior can
violate the Act)
3. Sec. 17. Duties of Employers.
Employers or other persons of authority, influence or moral
ascendancy in a workplace shall have the duty to prevent, deter, or
punish the performance of acts of gender-based sexual harassment in
the workplace. Towards this end, the employer or person of authority,
influence or moral ascendancy shall:
1. Disseminate or post in a conspicuous place a copy of this Act to
all persons in the workplace;
2. Provide measures to prevent gender-based sexual harassment in
the workplace, such as the conduct of anti-sexual harassment
seminars;
3. Create an independent internal mechanism or a committee on
decorum and investigation to investigate and address complaints
of gender-based sexual harassment which shall;
1. Adequately represent the management, the employees from
the supervisory rank, the rank-and-file employees, and the
1.
union, if any;
2. Designate a woman as its head and not less than half of its
members should be women;
3. Be composed of members who should be impartial and not
connected or related to the alleged perpetrator;
4. Investigate and decide on the complaints within ten days or
less upon receipt thereof;
5. Observe due process;
6. Protect the complainant from retaliation; and
7. Guarantee confidentiality to the greatest extent possible
4. Provide and disseminate, in consultation with all persons in the
workplace, a code of conduct or workplace policy which shall;
1. Expressly reiterate the prohibition on gender-based sexual
harassment;
2. Describe the procedures of the internal mechanism created
under Section 17(c) of this Act; and
3. Set administrative penalties.
4. Sec. 19. Liability of Employers.
In addition to liabilities for committing acts of gender-based sexual
harassment, employers may also be held responsible for:
1. Non-implementation of their duties under Section 17 of this Act,
as provided in the penal provisions: or
2. Not taking action on reported acts of gender-based sexual
harassment committed in the workplace.
1. Any person who violates subsection (a) of this section, shall
upon conviction, be penalized with a fine of not less than Five
thousand pesos (P5,000.00) nor more than Ten thousand
pesos (P10,000.00).
2. Any person who violates subsection (b) of this section, shall
upon conviction, be penalized with a fine of not less than Ten
thousand pesos (P10,000.00) nor more than Fifteen thousand
pesos (P 15,000.00).
5. The prescriptive period for gender-based sexual harassment in the
workplace/educational institution is five (5) years.
3. The Anti-Sexual Harassment Act has penalty of imprisonment, while the
Safe Spaces Act does not have one. In Safe Spaces Act, only fines to the
employer/educational institution can be imposed due to failure to
implement the duties provided by law, i.e., punish the act of sexual
harassment.
_______________________________________________________________________________________
_______________________________________________________________________________________
___________
E. Working conditions for special groups of employees
1. Apprentices and learners (Labor Code)
1. Apprentices
1. Apprenticeship means practical training on the job + related
theoretical instruction
2. Apprenticeable occupation means any trade/occupation requires
MORE THAN 3 MONTHS of practical training on the job + related
theoretical instruction
3. Qualifications of Apprentice:
1. At least 15 years of age
2. Vocational Aptitude
3. Ability to Comprehend
4. Highly technical enterprise
5. Apprenticeable occupation Approved by DOLE. (Art. 59 and 60)
4. Contents of Apprentice Agreements
1. The period of apprenticeship shall NOT EXCEED 6 MONTHS.
2. Apprenticeship agreements providing for wage rates BELOW legal
minimum wage, not below 75% of MW, may be entered into only in
accordance with APPRENTICESHIP PROGRAMS DULY APPROVED
by the Secretary. (Art. 61)
5. Necessity of PRIOR approval of the Secretary of the apprenticeship
program
1. In Nitto Enterprises v. NLRC, the Court cited Article 61 of the
Labor Code and held that an apprenticeship program should
FIRST BE APPROVED by the DOLE before an apprentice may be
hired. Otherwise, the person hired will be considered a REGULAR
EMPLOYEE.
1. In Century Canning v NLRC, the apprenticeship program was
submitted to the DOLE on the same day the apprenticeship
agreement was signed. Hence, Palad was considered as a
regular employee because she started working before the
apprenticeship program was “duly approved by the
Secretary.”
6. Investigation of Violation of Apprenticeship Agreement
1. Upon complaint of any interested person or upon its own initiative,
the appropriate agency of the Department of Labor and
Employment or its authorized representative shall investigate any
violation of an apprenticeship agreement pursuant to such rules
and regulations as may be prescribed by the Secretary of Labor
and Employment
7. Appeal to the Secretary of Labor
1. The decision of the authorized agency of the Department of Labor
and Employment may be appealed by any aggrieved person to the
Secretary of Labor and Employment within five (5) days from
1.
receipt of the decision. The decision of the Secretary of Labor and
Employment shall be final and executory.
8. Exhaustion of Administrative Remedies
1. No person shall institute any action for the enforcement of any
apprenticeship agreement or damages for breach of any such
agreement, unless he has exhausted all available administrative
remedies.
9. Deductibility of Training Costs
1. An additional deduction from taxable income of one-half (1/2) of
the value of labor training expenses incurred for developing the
productivity and efficiency of apprentices shall be granted to the
person or enterprise organizing an apprenticeship program:
Provided, That such program is duly recognized by the
Department of Labor and Employment: Provided, further, That
such deduction shall not exceed ten (10%) percent of direct labor
wage: and Provided, finally, That the person or enterprise who
wishes to avail himself or itself of this incentive should pay his
apprentices the minimum wage.
10. Apprentices without compensation
1. The Secretary of Labor and Employment may authorize the hiring
of apprentices without compensation whose training on the job is
required by the school or training program curriculum or as
requisite for graduation or board examination.
2. Learners
1. Learners are persons hired as trainees in semi-skilled 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.
2. Limited instance when learners may be employed
1. Non-Availability - No experienced workers are available,
2. Necessity - the employment of learners is necessary to prevent
curtailment of employment opportunities, and
3. No Unfair competition - the employment does not create unfair
competition in terms of labor costs or impair or lower working
standards.
3. Learnership agreement
1. Commitment to employ - A commitment to employ the learners if
they so desire, as regular employees upon completion of the
learnership.
2. 2 months terminate no fault - 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
2.
stipulated period through no fault of the learners. (Art. 75)
3. Distinguish apprentice and learner
Apprentice
Learner
Highly technical industry
Semi-skilled or other industrial
occupations
More than 3 months but must not
exceed 6 months
Not more than 3 months
The law is silent.
Non-availability; Necessity; No unfair
competition
No commitment to hire
Commitment to employ as regular
employee
At least 15; Aptitude; Comprehend
The law is silent.
2. Disabled workers
1. Who is a PWD?
1. Disabled persons are those suffering from restriction to perform an
activity in the manner normal for human being, as a result of a mental,
physical or sensory impairment.
(Restriction + perform act normal for human + result of
impairment)
2. Equal opportunity (Magna Carta for Disabled Persons)
1. Sec. 5. Equal Opportunity for Employment.
No disabled person shall be denied access to opportunities for
suitable employment.
A qualified disabled employee shall be subject to the same terms and
conditions of employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a qualified able
bodied person.
1. The fact that the employees were qualified disabled persons
necessarily removes the employment contracts from the ambit of
Article 80 (Employment Agreement for Handicapped Workers).
Since the Magna Carta accords them the rights of qualified ablebodied persons, they are thus covered by Article 280 (Regular
and Casual Employment). (Bernardo v. NLRC, 1999)
2. Sec. 7. Apprenticeship.
Subject to the provisions of the Labor Code as amended, disabled
persons shall be eligible as apprentices or learners: Provided, That
their handicap is not as much as to effectively impede the
performance of job operations in the particular occupation for which
they are hired; Provided, further, That after the lapse of the period of
apprenticeship, if found satisfactory in the job performance, they shall
be eligible for employment.
3. Discrimination on employment
1. Sec. 32. Discrimination on Employment.
No entity, whether public or private, shall discriminate against a
qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of
employees, employee compensation, job training, and other terms,
conditions, and privileges of employment.
The following constitute acts of discrimination:
1. Limit - Limiting, segregating or classifying a disabled job
applicant in such a manner that adversely affects his work
opportunities;
2. Screen out - Using qualification standards, employment tests or
other selection criteria that screen out or tend to screen out a
disabled person
1. unless such standards, tests or other selection criteria are
shown to be job-related for the position in question and are
consistent with business necessity;
3. Utilizing standards, criteria, or methods of administration that:
1. have the effect of discrimination on the basis of disability; or
2. perpetuate the discrimination of others who are subject to
common administrative control.
4. Less compensation - Providing less compensation, such as
salary, wage or other forms of remuneration and fringe benefits, to
a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same
work is entitled;
5. Favoring promotion - Favoring a non-disabled employee over a
qualified disabled employee with respect to promotion, training
opportunities, study and scholarship grants, solely on account of
the latter's disability;
6. Re-assigning - Re-assigning or transferring a disabled employee
to a job or position he cannot perform by reason of his disability;
7. Dismissing - Dismissing or terminating the services of a disabled
employee by reason of his disability
1. unless the employer can prove that he impairs the satisfactory
performance of the work involved to the prejudice of the
business entity:
1. Provided, however, That the employer first sought to
provide reasonable accommodations for disabled
persons;
8. Test - Failing to select or administer in the most effective manner
employment tests which accurately reflect the skills, aptitude or
other factor of the disabled applicant or employee that such tests
purports to measure, rather than the impaired sensory, manual or
8.
speaking skills of such applicant or employee, if any; and
9. Union - Excluding disabled persons from membership in labor
unions or similar organizations.
4. Incentives for employers
1. Sec. 8. Incentives for Employers.
1. Tax deduction 25% wages - Private entities that employ disabled
persons who meet the required skills or qualifications, either as
regular employee, apprentice or learner, shall be entitled to an
additional deduction, from their gross income, equivalent to
twenty-five percent (25%) of the total amount paid as salaries and
wages to disabled persons: Provided, however, That such entities
present proof as certified by the Department of Labor and
Employment that disabled persons are under their employ:
Provided, further, That the disabled employee is accredited with
the Department of Labor and Employment and the Department of
Health as to his disability, skills and qualifications.
2. Tax deduction 50% cost improvements - Private entities that
improve or modify their physical facilities in order to provide
reasonable accommodation for disabled persons shall also be
entitled to an additional deduction from their net taxable income,
equivalent to fifty percent (50%) of the direct costs of the
improvements or modifications.
3. Gender (Labor Code)
1. Bona Fide Occupational Qualification (BFOQ)
1. What is a bona fide occupational qualification (BFOQ)? (RU)
1. To justify a bona fide occupational qualification, the employer
must prove two factors: (1) that the employment qualification is
REASONABLY RELATED to the essential operation of the job
involved; and, (2) that there is a factual basis for believing that all
or substantially all persons meeting the qualification would be
UNABLE to properly perform the duties of the job. (Capin-Cadiz
v. Brent Hospital and Colleges, Inc., 2016)
1. Hence, in Duncan Association v Glaxo Wellcome, the
prohibition from marrying an employee of a competitor
company was held valid, because Glaxo has the right to guard
its trade secrets. In short, it is reasonably related to the
operation of the job
2. In Star Paper v Simbol, the prohibition to marry a co-employee
was held invalid because reasonable business necessity is
absent. The company failed to show how marrying a coemployee can be detrimental to the job.
3. In Capin-Cadiz v Brent Hospital, the suspension of Cadiz for
being pregnant out of wedlock until she marries her boyfriend
3.
2.
3.
4.
5.
was held invalid because it is not reasonably related to the
essential operation of her job as a Human Resource Officer.
4. In Yrasuegui v PAL, the dismissal of the flight steward for
being overweight was held valid because physical fitness is
reasonably related to the essential operation of her job. The
cabin crew must maintain agility at all times in order to inspire
confidence on their ability to care for passengers when
something goes wrong.
Discrimination
1. It shall be unlawful for any employer to discriminate against any
woman employee with respect to the terms and conditions of
employment solely on account of SEX.
2. The following are acts of discrimination:
1. Lesser compensation - to a female employee against a male
employee, for work of equal value
2. Favor in promotion/training/scholarship - towards male
employees over female employees solely on account of sex. (Art.
133)
3. Criminal liability - Art. 288-289
1. Institution of criminal action shall NOT BAR the employee from
filing an entirely SEPARATE AND DISTINCT action for money
claims.
2. The actions shall proceed INDEPENDENTLY of each other. (Art.
133)
Stipulation against marriage
1. It shall be unlawful for employer:
(Marriage)
1. To require as CONDITION/CONTINUATION of employment woman employee shall not get married
2. To STIPULATE RESIGNED - upon getting married, she is deemed
resigned
3. To DISMISS/DISCRIMINATE - woman employee merely by reason
of marriage. (Art. 134)
Prohibited acts (Pregnancy)
1. It shall be unlawful for any employer
1. To DENY/DISCHARGE a woman employee - for the purpose of
preventing her from enjoying the benefits of this Code
2. To DISCHARGE - woman on account of her pregnancy
3. To DISCHARGE/REFUSE ADMISSION - woman upon returning for
fear that she may again be pregnant. (Art. 137)
Facilities for women
1. The Secretary of Labor shall establish standards that will insure the
safety and health of women employees. In appropriate cases, he shall
1.
by regulations, require employers to:
1. Provide seats proper for 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;
2. To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
3. To establish a nursery in a workplace for the benefit of the woman
employees therein; and
4. T o determine appropriate minimum age and other standards for
retirement or termination in special occupations such as those of
flight attendants and the like. (Art. 130)
6. Women working in night clubs, etc.
1. Any woman who is permitted to work or suffered to work, with or
without compensation, in any Night club, Cocktail lounge, Massage
clinic, Bar or Similar establishment, under the effective control or
supervision of the employer for a substantial period of time as
determined by the Secretary of Labor, shall be considered as an
employee of such establishment for purposes of labor and social
legislation. (Art. 138)
1. Hence, no employer shall discriminate against such employee or
in any manner reduce the benefits they are now enjoying by
reason of the provisions of this Section.
4. Minors (RA 7610)
1. Who is a working child?
Working child refers to any child engaged as follows:
1. When the child is below 18 years of age,
1. Not child labor - in work or economic activity that is NOT child
labor
2. When the child is below 15 years of age
1. Responsibility + Family - In work where he is directly under the
responsibility of his parents/guardians and
where only members of the child’s family are employed; or
2. Entertainment - In public entertainment or information
2. What is child labor?
1. Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child
shall be engaged in the worst forms of child labor. The phrase "worst
forms of child labor" shall refer to any of the following:
1. All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery such as sale
and trafficking of children, debt bondage and serfdom and forced
or compulsory labor, including recruitment of children for use in
armed conflict; or
2. The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
3. The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of dangerous
drugs and volatile substances prohibited under existing laws; or
4. Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
1. Debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being; or
2. Exposes the child to physical, emotional or sexual abuse, or
is found to be highly stressful psychologically or may
prejudice morals; or
3. Is performed underground, underwater or at dangerous
heights; or
4. Involves the use of dangerous machinery, equipment and
tools such as power-driven or explosive power-actuated tools;
or
5. Exposes the child to physical danger such as, but not limited
to the dangerous feats of balancing, physical strength or
contortion, or which requires the manual transport of heavy
loads; or
6. Is performed in an unhealthy environment exposing the child
to hazardous working conditions, elements, substances, coagents or processes involving ionizing, radiation, fire,
flammable substances, noxious components and the like, or to
extreme temperatures, noise levels, or vibrations; or
7. Is performed under particularly difficult conditions; or
8. Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other parasites; or
9. Involves the manufacture or handling of explosives and other
pyrotechnic products."
3. For children at least 15 but below 18, there is no need for a work permit.
However, they cannot be engaged in child labor.
4. Rules on employment of a child below 15 years of age
1. He cannot be employed except:
1. Responsibility + family - When he works directly under the sole
responsibility of his parents/guardian AND only members of his
family are employed
1. Provided, his employment neither endangers his life/safety/
health/morals/normal development
2. Provided, prescribed primary/secondary education
2. Entertainment - When a child’s employment in public
entertainment of information is essential
1. Provided, the employment contract is concluded:
1. By the parents/guardian
2. With the express agreement of the child
3. Approval of DOLE
2. Provided, further, that the following requisites are strictly
complied with:
1. The employer shall ensure the protection/health/safety/
morals/normal development of the child
2. The employer shall institute measures to prevent the
child’s exploitation or discrimination taking into account
the system and level of remuneration, and the duration
and arrangement of working time; and
3. The employer shall formulate and implement, subject to
the approval and supervision of competent authorities, a
continuing program for training and skills of the child. (RA
7610, as amended)
3. In the above cases, the employer shall FIRST secure, before
engaging the child, a WORK PERMIT from DOLE.
5. Exceptions to work permit for employment of children below 15 years of
age
1. Extra - Is a spot extra or is cast outright on the day of filming/taping
2. Auditions - Will join auditions or VTR screenings
3. Audience - Is part of an audience in live television show, unless the
child’s participation is expected
4. Contestant audience - Is picked or chosen as a contestant from the
audience of a live television show
5. Contestant contest - Is a contestant of a signing, dance, or talent
contest for a TV show before being selected as a semi-finalist
6. Gift - Is a recipient of gift-giving activities in television
7. School - Is a participant in school-related performance such as a
play, skit, or recital
8. Sports - Is a participant in sports activities, training, workshops,
aimed at development the child’s talent or skills
6. Hours of work for a working child
1. A child below 15 years of age may be allowed to work for not more
than 20 hours a week: Provided, That the work shall not be more than
4 hours at any given day;
1. No child below 15 years of age shall be allowed to work between
eight o'clock in the evening and six o'clock in the morning of the
following day
2. A child fifteen 15 years of age but below 18 shall not be allowed to
2.
work for more than 8 hours a day, and in no case beyond 40 hours a
week;
1. No child fifteen 15 years of age but below 18 shall be allowed to
work between ten o'clock in the evening and six o'clock in the
morning of the following day.
5. Kasambahays (Kasambahay Law)
1. Who is a kasambahay under jurisprudence?
1. A houshelper shall refer to a person who renders services in and about
the employer’s home AND the services are usually necessary/
desirable for the maintenance and enjoyment of the home, AND
ministers exclusively to the personal comfort and enjoyment of the
employer’s family. (Apex Mining v NLRC, 1991)
(render services home + maintenance and enjoyment home +
exclusively personal comfort and enjoyment family)
2. Personal comfort and enjoyment of the family is the true criterion.
Why?
Not every person who renders service in the home, which is usually
necessary or desirable for its maintenance and enjoyment is a house
helper.
1. As example, a plumber/tubero renders such services but he is not
a househelper, because he does NOT minister exclusively to the
personal comfort and enjoyment of the family.
2. In Apex Mining, the househelper or laundry woman working in
staff houses were not considered as kasambahay because she
does not minister exclusively to the personal comfort and
enjoyment of the family of the employer. Instead, she is a regular
employee of the employer.
2. Who is a kasambahay in Kasambahay Law? (More of illustrations)
1. Domestic worker or kasambahay refers to any person engaged in
domestic work within an employment relationship such as househelp,
nursemaid, yaya, cook, gardener, laundry person, but shall EXCLUDE:
1. Occasional not occupational - Any person who performs
domestic work only occasionally or sporadically and NOT on an
occupational basis. (Labandera on the weekends)
2. Children foster care - Children who are under foster care
arrangement, and are provided access to education and given an
allowance incidental to education, i.e., baon, transportation,
school projects, and school activities (RA 10361)
3. Service - Service providers; and
4. Driver - Family drivers.(Even in the jurisprudential meaning,
drivers are not included because they do not maintain the home.
They maintain the vehicles)
3. Employment age of househelpers
1. It shall be unlawful to employ any person below fifteen (15) years of
age as a domestic worker.
1. Hence, if he is at least 15, he can be a househelper.
4. What are the benefits and rights of househelpers?
1. SSS/Philhealth/PAG-IBIG - a domestic worker who rendered at
least 1 month of service shall be covered, and shall be entitled to all
the benefits provided by law
2. 13th month pay - the domestic worker shall be entitled to 13th
month pay.
3. Minimum wage
4. Standard of treatment - free from abuse
5. Rescue and rehabilitation of abused domestic workers
6. Board/Lodging/Medical attendance
7. Guarantee of privacy
8. Exercise his on religious beliefs and cultural practices
9. Prohibition against disclosure of privileged information
1. All communication and information pertaining to the employer or
members of the household shall be treated as PRIVILEGED and
CONFIDENTIAL, and shall NOT be publicly disclosed by the
domestic worker during and after employment. It is INADMISSIBLE
EXCEPT:
1. Suit involves the employer or any member of the household in
a CRIME against persons/property/liberty/security/chastity.
(Sec. 10)
10. Access to outside communication
11. Daily rest period - the domestic worker shall be entitled to an
aggregate daily rest period of 8 hours per day.
12. Weekly rest period - at least 24 consecutive hours. Nothing in this
provision shall deprive the domestic worker and employer from
AGREEING to the following:
1. Offsetting a day of absence with a particular rest day
2. Waiving a particular rest day in return for an equivalent daily rate
of pay
3. Other similar arrangements. (Sec. 21)
13. Leave benefits
14. Assignment to non-household work - No domestic worker shall be
assigned to work in a commercial/industrial/agricultural enterprise at
a wage rate lower than that provided for agricultural or
nonagricultural worker. In such case, the domestic worker shall be
paid the applicable minimum wage rate, i.e., P537/day in NCR. (Sec.
22)
1. If a domestic worker is also performing work as a personal
assistant of a television talent, he shall be paid the same
1.
5.
6.
7.
8.
9.
wages as non-agricultural workers, i.e., P537/day in NCR.
15. Right to education
16. Right to a copy of employment contract
17. Right to certificate of employment
18. Right to terminate employment
1. Neither the domestic worker nor the employer may terminate the
contract before the expiration of the term except for grounds
provided for in Sections 33 and 34 of this Act.
2. If the domestic worker is unjustly dismissed, the domestic worker
shall be paid the compensation already earned plus the equivalent
of fifteen (15) days work by way of indemnity.
3. If the domestic worker leaves without justifiable reason, any
unpaid salary due not exceeding the equivalent fifteen (15) days
work shall be forfeited.
In addition, the employer may recover from the domestic worker
costs incurred related to the deployment expenses, if any:
1. Provided, That the service has been terminated within six
(6) months from the domestic worker’s employment.
(Sec. 32, Kasambahay Law)
19. Domestic workers are NOT entitled to separation pay. They are
only entitled if provided in the contract.
Is it correct to say that under Philippine law a househelper has no right to
security of tenure?
1. No. A househelper can be dismissed only for just cause or when his
agreed period of employment ends. (2011 Bar Examinations)
Who must bear the cost of premiums for SSS/Philhealth/PAG-IBIG of the
householder?
1. They shall be shouldered by the employer. However, if the domestic
worker is receiving a wage of P5000 or more per month, the domestic
worker shall pay a PROPORTIONATE share in the premium payments,
as provided by law. (Sec. 30)
Minimum wage of Kasambahay
1. NCR - P5000
2. Cities/First-class municipalities - P2500
3. Other - P1800 to P3000
Rule on payment of wages
1. Payment of wages shall be made directly to the househelper, in cash,
at least once a month.
2. The employer shall make NO deductions from the wages of the
domestic worker other than that which is mandated by law.
Deposits for Loss or Damage
1. It shall be unlawful for the employer or any other person to require a
domestic worker to make deposits from which deductions shall be
1.
made for the reimbursement of loss or damage to tools, materials,
furniture and equipment in the household. (Sec. 14)
10. Prohibition against debt bondage
1. It shall be unlawful for the employer or any person acting on behalf of
the employer to place the domestic worker under debt bondage. (Sec.
15)
1. Further, this is a crime of trafficking in persons.
11. Allowable deductions on his wage
1. When there is a written consent of the domestic worker
2. For SSS, Philhealth, or PAG-IBIG contributions
3. Deduction for loss shall be made when the following conditions are
met:
1. Clearly shown to be responsible
2. Opportunity to show cause why deduction should not be made
3. Fair and reasonable amount and shall not exceed the actual loss
4. Not exceed 20% of his wages in a month.
4. Deduction for loans/debts 1. Agreement may be made to deduct from the wages
2. Amount not exceeding 20% of his wages per month
3. This Section shall not apply to working children, i.e., domestic
workers who are at least 15 but below 18.
6. Homeworkers (Department Order)
1. Distinguish a homeworker from a househelper
1. A homeworker is one who performs, in or about his home, any
processing of goods/materials, which have been furnished by an
employer and thereafter to be returned to the latter. (IRR of Labor
Code)
2. On the other hand, a houshelper shall refer to a person who renders
services in and about the employer’s home AND the services are
usually necessary/desirable for the maintenance and enjoyment of the
home, AND ministers exclusively to the personal comfort and
enjoyment of the employer’s family. (Apex Mining v NLRC, 1991)
(Process goods furnished; Services in home)
2. What are the rights of a homeworker?
1. Self-organization
2. Registration of homeworkers’ organization
3. Payment of homework
3. Deduction for losses; allowed
1. No employer/contractor shall make any deduction from the earnings
of the materials which have been destroyed unless the following
requisites are me:
1. Clearly shown to be responsible
2. Reasonable opportunity to show cause
3. Fair and reasonable deduction and not exceed actual loss
4. Deduction not exceed 20% of homeworker’s earnings in a week
4. Prohibitions for homework
1. Explosives, fireworks, articles of like character
2. Drugs and poisons
3. Other articles, exposure to toxic
7. Solo parents (Solo Parents’ Welfare Act)
1. Section 6. Flexible Work Schedule. - The employer shall provide for a
flexible working schedule for solo parents: Provided, That the same shall
not affect individual and company productivity: Provided, further, That any
employer may request exemption from the above requirements from the
DOLE on certain meritorious grounds.
2. Section 7. Work Discrimination. - No employer shall discriminate against
any solo parent employee with respect to terms and conditions of
employment on account of his/her status.
8. Night workers (Labor Code)
1. A night worker means any employed person whose work covers the period
from 10pm to 6am, provided the worker performs no less than 7
consecutive hours of work.
(10PM to 6AM; 7 consecutive hours of work)
2. What are his rights?
1. Mandatory facilities - suitable first-aid facilities; safe and healthful
working conditions; sleeping quarters; transportation from the work
premises to nearest point of residence
2. Health assessment - they have the right to undergo health
assessment without charge.
3. Compensation
4. Night shift differential - They shall be given a night shift differential,
equivalent to 10% of his regular wage, for each hour of work between
10PM to 6AM.
5. Consultation of night work schedules
6. Transfer - night workers who are certified as unfit for night work, due
to health reasons, shall be transferred, whenever practicable, to a
similar job to which they are fit to work. (Art. 157)
If such transfer to a similar job is not practicable, these workers shall
be granted the same benefits as other workers who are unable to
work, or to secure employer during such period. (Art. 157)
7. Social services
3. What are the alternative measures to night work for PREGNANT and
NURSING employees?
1. Ensure that an ALTERNATIVE to night work is AVAILABLE to women
workers who would be called upon to perform such work:
1. Before and after childbirth, for a period of at least 16 weeks,
1.
which shall be divided between the time before and after
childbirth
2. For additional periods, in respect of which a medical certificate
states that additional periods are necessary for the health of the
mother/child
2. During the periods referred:
1. Dismissal - She shall not be dismissed, except for just/authorized
causes NOT connected to pregnancy/childbirth/childcare
2. Benefits - She shall not lose her benefits, which may attach to
her regular night work position
3. The pregnant woman or nursing mother may be allowed to work at
night only if a competent physician, other than the company
physician, certifies her fitness to render night work.
9. Migrant workers (RA 8042)
1. “Overseas Filipino Worker” refers to a person who is to be engaged, is
engaged or has been engaged in a remunerated activity
1. in a state of which he or she is not a citizen or
2. on board a vessel navigating the foreign seas other than a government
ship used for military or non-commercial purposes or
3. on an installation located offshore or on the high seas. (Sec. 2, RA
10022)
2. Compulsory insurance coverage for AGENCY-hired OFWs
1. SEC. 37-A. Compulsory Insurance Coverage for Agency-Hired
Workers. - In addition to the performance bond to be filed by the
recruitment/manning agency under Section 10, each migrant worker
deployed by a recruitment/manning agency shall be covered by a
compulsory insurance policy which shall be secured at no cost to
the said worker. Such insurance policy shall be effective for the
duration of the migrant worker's employment and shall cover, at the
minimum:
1. Accidental death, with at least Fifteen thousand United States
dollars (US$15,000.00) survivor's benefit payable to the migrant
worker's beneficiaries;
2. Natural death, with at least Ten Thousand US dollars
(US$10,000) survivor’s benefit payable to the migrant worker’s
beneficiaries
3. Permanent total disablement, with at least Seven thousand five
hundred United States dollars (US$7,500.00) disability benefit
payable to the migrant worker. The following disabilities shall be
deemed permanent: total, complete loss of sight of both eyes;
loss of two(2) limbs at or above the ankles or wrists; permanent
complete paralysis of two (2) limbs; brain injury resulting to
incurable imbecility or insanity;
4. Compassionate visit. When a migrant worker is hospitalized and
has been confined for at least seven (7) consecutive days, he shall
be entitled to a compassionate visit by one (1) family member or a
requested individual. The insurance company shall pay for the
transportation cost of the family member or requested individual
to the major airport closest to the place of hospitalization of the
worker. It is, however, the responsibility of the family member or
requested individual to meet all visa and travel document
requirements;
5. Medical evacuation. When an adequate medical facility is not
available proximate to the migrant worker, as determined by the
insurance company's physician and/or a consulting physician,
evacuation under appropriate medical supervision by the mode of
transport necessary shall be undertaken by the insurance
provider; and
6. Medical repatriation. When medically necessary as determined
by the attending physician, repatriation under medical supervision
to the migrant worker's residence shall be undertaken by the
insurance provider at such time that the migrant worker is
medically cleared for travel by commercial carrier. If the period to
receive medical clearance to travel exceeds fourteen (14) days
from the date of discharge from the hospital, an alternative
appropriate mode of transportation, such as air ambulance, may
be arranged. Medical and non-medical escorts may be provided
when necessary.
7. Repatriation cost of the worker when his/her employment is
terminated without any valid cause, including the transport of his
or her personal belongings. In case of death, the insurance
provider shall arrange and pay for the repatriation or return of the
worker's remains. The insurance provider shall also render any
assistance necessary in the transport including, but not limited to,
locating a local licensed funeral home, mortuary or direct
disposition facility to prepare the body for transport, completing
all documentation, obtaining legal clearances, procuring consular
services, providing necessary casket or air transport container, as
well as transporting the remains including retrieval from site of
death and delivery to the receiving funeral home;
8. Subsistence allowance benefit, with at least One hundred
United States dollars (US$100.00) Per month for a maximum of six
(6) months for a migrant worker who is involved in a case or
litigation for the protection of his/her rights in the receiving
country;
9. Money claims arising from employer's liability which may be
9.
awarded or given to the worker in a judgment or settlement of his
or her case in the NLRC. The insurance coverage for money
claims shall be equivalent to at least three (3) months for every
year of the migrant worker's employment contract;
3. Compulsory Insurance Coverage is limited to agency-hired OFWs. It does
not cover name hires.
4. Guarantees of the Foreign Country
1. SEC. 4. Deployment of Migrant Workers. - The State shall allow the
deployment of overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected.
The government recognizes ANY of the following as a GUARANTEE
on the part of the receiving country for the PROTECTION of the rights
of overseas Filipino workers:
1. Labor law - It has existing labor and social laws protecting the
rights of workers, including migrant workers;
2. Multilateral - It is a signatory to and/or a ratifier of multilateral
conventions, declarations or resolutions relating to the protection
of workers, including migrant workers; and
3. Bilateral - It has concluded a bilateral agreement or arrangement
with the government on the protection of the rights of overseas
Filipino Workers:
1. Positive, concrete measures - Provided, That the receiving
country is taking positive, concrete measures to protect the
rights of migrant workers in furtherance of any of the
guarantees under subparagraphs (a), (b) and (c) hereof.
1. In the absence of a clear showing that any of the
aforementioned guarantees exists in the country of
destination of the migrant workers, NO permit for
deployment shall be issued by the Philippine Overseas
Employment Administration (POEA).
10. Security guards (Revised Guidelines)
1. Who is a security guard?
1. A security guard refers to a person who:
1. renders personal service to watch or secure residence, business
establishment, building, compound, any other area or property; or
2. inspects, monitors, or performs body checks or searches of
individuals or baggage and other forms of security pension. (DO
No. 150-16, Sec. 2(h))
(watch/secure building + body check/search individual
baggage)
2. What is a security service contractor/personal security agency?
1. It refers to any person engaged in the contracting, recruitment,
training of security guard to individuals/corporations/offices, for their
1.
3.
4.
5.
6.
7.
security needs, as the PNP may approve.
2. Service agreement refers to the contract between the principal and
the SSC/PSA.
3. Solidary liability refers to the liability of the principal, in the same
manner and extent as the direct employer (SSC/PSA), for failure to pay
the wages of the employees, as provided for in Art. 106 of the Labor
Code. (Indirect employer)
The SSC/PSA is the employer of the security guard on duty detail to a
principal under a service agreement. (Sec. 3.1)
Probationary status - The probationary period of newly-hired security
guard shall NOT EXCEED 6 MONTHS.
1. Regular status - If he is allowed to work AFTER the probationary
period or IN THE ABSENCE of a valid probationary contract, he shall
be considered as a regular employee.
2. Regular status - Security guards affected by REPEATED hiring-firingrehiring scheme for short periods of time, the aggregate duration of
which is AT LEAST 6 MONTHS, shall be considered as regular
employees. (Sec. 3.2-3.3)
Rights and privileges of security guards and other private security
personnel
1. Safe and healthful working conditions
2. Labor standards, such as SIL, Premium pay, OT pay, holiday pay,
NSD, 13th month pay, Separation pay
3. Retirement benefits
4. Social security and welfare benefits
5. Right to self-organization and collective bargaining
6. Security of tenure and due process
7. Minimum wage - equivalent to minimum wage rate prescribed for
nonagricultural sector or industry in the region where he is assigned.
Transfer of Assignment; Non-diminution of wages
1. In case of transfer, the wage rate MOST FAVORABLE to the security
guard shall apply
1. Hence, if a security guard is transferred to areas OUTSIDE the
region, it shall NOT RESULT TO THE REDUCTION of the wage rate
being enjoyed by the security guard PRIOR to such transfer.
2. Further, if he is transferred to a region with HIGHER wage rate, he
shall earn the higher wage rate.
What is the rule on deductions from the salary of security guards?
1. As a rule, no deduction shall be made from the salary of the security
guards, except for:
1. SSS/PAG-IBIG/Philhealth contribution
2. Withholding tax from income
3. Union dues, if authorized in writing
4. Agency fees collected from employees who are NOT members of
the bargaining agent but ACCEPTED benefits under the CBA
5. Other deductions as may be authorized in writing by the security
guard.
6. In case an SSC/PSA requires its security guard to post a bond for
use of firearms, such may only be imposed once.
7. Deductions for loss of equipment supplied by employer is allowed,
provided the following conditions are met:
1. Clearly shown to be responsible
2. Reasonable opportunity to show cause
3. Fair and reasonable amount
4. Not exceed 20% of the employee’s wages in a week.
8. Deposit for loss shall be allowed
1. In the event that a SCC/PSA requires a cash deposit from its
employees, the maximum amount shall NOT exceed the employee’s 1
month basic salary.
2. The said cash deposit may be deducted from the wages in an amount
not to exceed 20% of the employee’s wages in a week.
9. What is the rule on work pool OR reserved status of security guards?
1. A security guard MAY be placed in a work pool or on reserved status
due to lack of service assignment:
1. After the EXPIRATION or termination of the Service Agreement
with the principal where he is assigned/Due to temporary
SUSPENSION of security service operations/Due to valid RELIEF
from the current place of work; AND
2. NO work assignment AVAILABLE.
2. He CANNOT be placed in a work pool or resaved status in ANY of the
following instances:
1. After expiration of contract, there are other AVAILABLE principals
which he can be assigned
2. Constructive dismissal measure
3. Retaliation for filing a complaint against the employer for violation
of labor law
3. After 6 months, if the SSC/PSA CANNOT provide work or give an
assignment to the reserved security guard, the latter can be
SEPARATED from work and be entitled to SEPARATION PAY.
4. An assignment of the security guard as a “Reliever” for less than 1
month shall NOT be considered as interruption of the 6-month period.