Go Lang, Crew! (Set 3) Flashcards
Labor Standards and Labor Relations (10 cards)
Discuss briefly the *Limited Portability Law with emphasis on its social legislation feature(s).
*PORTABILITY OF CONTRIBUTIONS:
RA 7699 allows workers to combine their contributions from different social security systems—namely, the Government Service Insurance System (GSIS) for public sector employees and the Social Security System (SSS) for private sector employees. This provision ensures that workers who have shifted between public and private employment sectors can still qualify for and
maximize their retirement, disability, and survivorship benefits.
*Accumulation of Service Credits: The law enables the total number of years a worker has contributed to either or both systems to be considered when computing eligibility for benefits. This cumulative approach helps employees who have split their careers between different sectors meet the minimum contribution requirements more easily, thus preventing the loss of benefits due to fragmented service periods. *Social Protection Enhancement: By allowing for portability, RA 7699 enhances social protection for Filipino workers. It ensures that individuals are not disadvantaged in their social security coverage due to career mobility between the private and public sectors. This is particularly beneficial in a dynamic labor market where workers frequently change jobs. *Inclusivity and Equity: The law promotes inclusivity by ensuring that all workers, regardless of their sector of employment, have equitable access to social security benefits. This feature supports social equity and provides a safety net for all workers, contributing to overall social stability. *Administrative Cooperation: The implementation of the Limited Portability Law necessitates close coordination between the SSS and the GSIS. This cooperation ensures the seamless transfer and recognition of contributions, thus simplifying the process for beneficiaries and improving the efficiency of service delivery.
In summary, the Limited Portability Law under RA 7699 is a crucial social legislation that ensures Filipino workers retain their social security benefits despite changes in employment sectors. It promotes greater
social protection, equity, and administrative efficiency, reflecting a commitment to the welfare of all workers in the Philippines.
Discuss briefly the *Paternity Leave Act with emphasis on its social legislation feature(s).
*GRANT OF PATERNITY LEAVE: The act provides married male employees in both the public and private sectors the entitlement to paternity leave. Specifically, it allows for seven (7) days of paid leave for the first four deliveries of the legitimate spouse with whom the male employee is cohabiting. This ensures that fathers can be present during a critical time for their family.
*PROMOTION OF FAMILY WELFARE: The primary aim of the Paternity Leave Act is to promote family welfare by enabling fathers to assist their spouses during and after childbirth. This provision underscores the importance of the father's role in the early days of a child's life and supports the family unit during a significant transitional period. *ENCOURAGEMENT OF PATERNAL INVOLVEMENT: By institutionalizing paternity leave, the law encourages greater involvement of fathers in child-rearing and family responsibilities. This helps to foster a more equitable distribution of domestic duties and highlights the importance of both parents in the upbringing of their children. *SUPPORT FOR GENDER EQUALITY: Although the law specifically benefits male employees, it indirectly supports gender equality by recognizing and legitimizing the role of fathers in caregiving. This can contribute to breaking down traditional gender roles and stereotypes, promoting a more balanced approach to family responsibilities. *SOCIAL AND ECONOMIC IMPACT: Paternity leave can have positive social and economic impacts by improving employee morale and job satisfaction, leading to increased productivity and retention. It also supports the well-being of mothers, as they receive necessary support from their partners, which can aid in recovery and reduce stress. *ELIGIBILITY AND LIMITATIONS: To be eligible for paternity leave, the male employee must be legally married to the woman who is giving birth and living with her. The leave is applicable for the first four childbirths, ensuring that the support is extended to larger families as well.
In summary, the Paternity Leave Act (RA 8187) in the Philippines is a key piece of social legislation that enhances family welfare by granting fathers time off to support their spouses during childbirth. It promotes parental involvement, supports gender equality, and contributes to the
social and economic well-being of families.
Discuss briefly the *Solo Parents’ Welfare Act with emphasis on its social legislation feature(s).
*DEFINITION AND COVERAGE: The law defines a solo parent broadly to include various circumstances such as those who are raising a child due to the death of a spouse, legal separation, abandonment, or being unmarried. It ensures that a wide range of solo parents receive support, reflecting the diverse situations that can lead to single parenthood, and others.
*PARENTAL LEAVE: One of the central provisions of the act is the grant of seven (7) days of parental leave annually for solo parents who have rendered at least one year of service. This leave is in addition to other leave benefits provided by law, allowing solo parents to attend to their children’s needs without sacrificing their income.
*FLEXIBLE WORK SCHEDULE: The act allows solo parents to request a flexible work schedule from their employers, providing they do not negatively affect business operations. This flexibility helps solo parents balance their work responsibilities with their childcare duties more effectively.
*EDUCATIONAL BENEFITS: RA 8972 includes provisions for educational benefits, such as scholarship programs for solo parents and their children, ensuring access to education despite financial constraints. This is crucial for breaking the cycle of poverty and improving long-term prospects for solo-parent families.
*HOUSING AND MEDICAL ASSISTANCE: The law mandates government agencies to prioritize solo parents in housing projects and provides medical assistance through health programs. This support helps to
alleviate some of the economic burdens faced by solo parents.
*PSYCHOSOCIAL SERVICES: The act also includes provisions for counseling, stress debriefing, and other mental health services. These services are essential for addressing the emotional and psychological challenges that solo parents might encounter.
*EMPLOYMENT AND LIVELIHOOD ASSISTANCE: To enhance economic stability, the law provides for employment and livelihood opportunities through training and development programs. This assistance helps solo parents gain the skills needed for better job prospects or entrepreneurial ventures.
*SOCIAL EQUITY AND PROTECTION: Overall, the Solo Parents’ Welfare Act embodies the principles of social equity and protection by recognizing the unique challenges faced by solo parents and providing them with a supportive framework. It aims to ensure that solo parents are not disadvantaged and can provide adequately for their children.
In summary, the Solo Parents’ Welfare Act (RA 8972) is a vital social legislation in the Philippines that offers comprehensive support to solo parents. It includes provisions for parental leave, flexible work schedules, educational benefits, housing, medical assistance, psychosocial services, and livelihood support, all of which are designed to enhance the well-being and economic stability of solo-parent families.
Give at least three types or categories of Solo Parents.
Under RA 8972, otherwise known as the Solo Parents Welfare Act of 2000, the following are the types or categories of Solo Parents:
1. Any other person who provides parental care or support to a child or children provided he/she is duly licensed as a foster parent by the DSWD or duly appointed guardian by the Court;
2. Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner
3. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided that the mother keeps and raises the child
4. Unmarried mother/father who has preferred to keep and rear his/her children instead of having others care for them or give them up to welfare institution;
5. Parent left solo/alone with the responsibility of parenthood due to death of the spouse
What is the battered woman syndrome? What is its legal significance?
Under RA 9262, “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
*LEGAL SIGNIFICANCE: The woman with the said syndrome, if an employee, is entitled to the Battered Woman Leave which is a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws, and company policies. To apply for such leave, the employee shall submit from the Punong Barangay, Kagawad, or prosecutor or the clerk of court that an action is pending under RA 9262.
A battered woman is a female employee who is a victim of physical, sexual, or psychological violence and is entitled to a paid leave of 10 days in addition to other paid leaves.
*Can it be converted to cash? NO. In the event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be cumulative.
*How will an employee determine if she is a battered woman?
In order for the employee to determine if she is a battered woman, the only requirement is for the victim-employee to present her certification from the barangay chairman or barangay councilor or prosecutor or clerk of court than an action relative to the matter is pending.
*Question: May a covered female employee choose not to avail of the Battered Woman Leave?
Answer: Yes. The usage of the ten-day leave shall be at the option of the covered female employee. In the event that the leave benefit is not availed of, it shall not be convertible into case and shall not be cumulative. (Leave for Victims of Violence against Women and their Children, 2022 Handbook of Statutory Monetary Benefits)
*Question: May an employer refuse to grant Battered Woman Leave benefits to a covered female employee?
Answer: No. An employer who denies the application for leave, and who shall prejudice the female employee or any person for assisting a co-employee who is a covered female employee shall be held liable for discrimination and violation of Republic Act No. 9262.
Discuss briefly the new Expanded Maternity Leave Act with emphasis on its social legislation feature(s).
*EXTENDED LEAVE DURATION: The act extends the maternity leave from the previous 60 days (for normal delivery) and 78 days (for caesarean delivery) to 105 days for live childbirth, regardless of the mode of delivery. Additionally, mothers have the option to extend their leave by another 30 days without pay, providing greater flexibility for maternal recovery and bonding with the newborn.
*PAID LEAVE: During the 105 days of maternity leave, female employees are entitled to full pay, which is computed based on their average daily salary rate. This provision ensures that mothers can focus on their health and their child's well-being without the financial stress of losing income.
*ADDITIONAL LEAVE FOR SOLO PARENTS: Solo parents are granted an additional 15 days of paid maternity leave, making their total leave period 120 days. This added benefit acknowledges the extra challenges faced by solo parents and provides them with more support during the crucial post-partum period.
*MATERNITY LEAVE FOR EVERY INSTANCE OF PREGNANCY: The law allows maternity leave benefits to be availed for every pregnancy, miscarriage, or emergency termination of pregnancy, ensuring that women receive support irrespective of the number of times they become pregnant.
-Transferability of Leave: The act includes a provision that allows mothers to transfer up to seven days of their maternity leave benefits to the child's father, whether married to the mother or not, or to an alternate caregiver in the absence of the father. This promotes shared parenting responsibilities and acknowledges the role of fathers and other caregivers in childcare.
*COVERAGE AND INCLUSIVITY: The Expanded Maternity Leave Act covers all female workers in both the public and private sectors, including those in the informal economy and those who are voluntary contributors to the Social Security System (SSS). This inclusive approach ensures that a broad spectrum of working mothers can benefit from the law.
*EMPLOYMENT SECURITY: The law protects the employment status of women by ensuring that their maternity leave is non-deductible from their tenure of service, thus safeguarding their job security and preventing discrimination based on maternity.
In summary, the Expanded Maternity Leave Act (RA 11210) is a significant social legislation in the Philippines that enhances maternity leave benefits to support the health and well-being of mothers and their children. It includes provisions for extended paid leave, additional benefits for solo parents, transferability of leave, and broad coverage, promoting gender equality and protecting employment rights for women.
Discuss the special leave benefit that is available under the Magna Carta for Women
SPECIAL LEAVE BENEFIT means a female employee’s leave entitlement of 2 months with full pay from her employer based on her gross monthly compensation following surgery caused by gynecological disorders. This covers any female employee in the public and private sector, regardless of age and civil status, provided that the female employee shall meet the following conditions:
1. She has rendered at least 6 months of continuous aggregate employment service for the last 12 months prior to surgery;
2. In the event that an extended leave is necessary, the female employee may use her earned leave credits;
3. It shall be noncumulative and nonconvertible to cash.
The female employee may avail the special leave benefit for every instance of surgery due to gynecological disorder for a maximum total period of 2 months per year.
SECTION 18 of the act grants this leave benefit to a woman employee who have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months providing thereof that they are 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.
*Gynecological disorders under Magna Carta can be one of the following:
-Dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor
-Hysterectomy
-Ovariectomy
-Mastectomy
The Magna Carta of Women is not Cumulative. In other words, if you had a gynecological procedure and there were unused leave credits, then you cannot then apply them to another such instance.
The Magna Carta for Women is not convertible to cash. If there are unused leave credits, you cannot convert this to cash. Essentially, the Special Leave for Women is a “use it or lose it” benefit.
Discuss briefly the *Senior Citizen’s Act with emphasis on its social legislation feature(s).
A senior citizen [or elderly] refers to any resident citizen of the Philippines at least 60 years old or above. It may apply to senior citizens with “dual citizenship” status provided they prove their Filipino citizenship and have at least 6 months residency in the Philippines (Art. 5.1, Expanded Senior Citizens Act IRR).
Private entities that shall employ senior citizens as employees upon effectivity of the Act, shall be entitled to an additional deduction from their gross Income, equivalent to 15% of the total amount paid as salaries and wages to senior citizens subject to the provision of Sec. 34 of the NIRC, as amended and the Revenue Regulations to be issued by the BIR and approved by the DOF, provided that:
a. Such employment shall continue for a period of at least 6 months; and
b. The net annual income of the senior citizen does not exceed the poverty level for that year as determined by NEDA thru the NSCB (Sec. 2, Art. 13, Rule V, Expanded Senior Citizens Act IRR).
It shall be unlawful for an employer to:
1. Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;
2. Require the declaration of age or birth date during the application process;
3. Decline any employment application because of the individual’s age;
4. Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age;
5. Deny any employee’s or worker’s promotion or opportunity for training because of age;
6. Forcibly lay off an employee or worker because of old age; or
7. Impose early retirement on the basis of such employee’s or worker’s age.
It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person’s age.
*It shall be unlawful for a labor organization to:
1. Deny membership to any individual because of such individual’s age;
2. Exclude from its membership any individual because of such individual’s age; or
3. Cause or attempt to cause an employer to discriminate against an individual in violation of this Act.
4. It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age (Sec. 5, RA 10911).
Who are considered “night workers”?
What are their benefits and privileges?
A night worker is any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the SOLE after consulting the workers’ representatives or labor organizations and employers. (Art. 154, as amended by RA 10151).
May minors be employed? Explain briefly.
YES. It refers to any child engaged as follows:
a. When the child is below 18 years of age, in work or economic activity that is not child labor as defined in the immediately preceding sub-paragraph; and
b. When the child is below 15 years of age,
i. in work where he/s she is directly under the responsibility of his/her parents or legal guardian and where only members
of the child ‘s family are employed; or
ii. in public entertainment or information (Sec. 3(c), DO 65-04).
GEN: If the child is below 15 years of age, then work permit is required before he may be allowed to commence work
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