Go Lang, Crew! (Set 4) Flashcards
Labor Standards and Labor Relations (10 cards)
Who is a Kasambahay? Give at least 3 benefits and privileges of a kasambahay.
Kasambahay under the Kasambahay Law, refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement basis. It EXCLUDES any person who performs domestic work occasionally/sporadically and not on an occupational basis.
At Least 3 Benefits and Privileges:
1. Social and Other Benefits. - A domestic worker who has rendered at least 1 month of services shall be covered by SSS, PhilHealth, and Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.
2. Board, Lodging and Medical Attendance. – The employer shall provide for the basic necessities of the domestic worker to include at least three (3) adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of these basic necessities as punishment or
disciplinary action to the domestic worker.
3. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay:
Provided, that any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash. “
Under the Kasambahay Law, give at least 3 statutory duties/responsibilities of the employer.
- HEALTH AND SAFETY. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.
- PAYMENT OF WAGES. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.
The domestic worker is entitled to a thirteenth month pay as provided for by law.
- EMPLOYMENT OF CERTIFICATION. – Upon the severance of the employment
relationship, the employer shall issue the domestic worker within five (5) days from request a certificate of employment indicating the nature, duration of the service and work performance.
Explain briefly the Theory of Increased Risk. What is its relevance to our Labor laws?
This Court also applied the theory of increased risk under Section 1 (b) Rule III of PD 626 which states that:
For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed under Annex ‘A’ of these Rules with the conditions set therein satisfied; otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions.(Panotes v. ECC)
Explain briefly the nature and purpose of the State Insurance Fund.
The State Insurance Fund was established to promote and develop a tax-exempt employees compensation program in which employees and their dependents, in the event of work-related disability or death, may promptly secure adequate income, medical and other related benefits.
At present, the GSIS administers the State Insurance Fund.
Give three (3) distinctions between the old law and the new law on employee’s compensation.
What is the Theory of Imputed Knowledge? What is its relevance to our labor laws?
The theory of imputed knowledge ascribes the knowledge of the agent to the principal, employer not the other way around.
In labor, the knowledge of the principal-employer cannot, therefore, be imputed to its agent or employee.
Explain briefly the 24-hour duty doctrine? What are the exceptions to its applicability?
Soldiers and policemen and even firemen, by the nature of their work, may be considered on duty around-the-clock. But this doctrine, while it relaxes the workplace factor, does not dispense with the work connection requisite. They are technically on duty for 24 hours.
*EXCEPTION: (Alegre Case)
Except when they are on vacation leave, policemen are subject to call all the time and may be asked by their superiors or by any distressed citizen to assist in maintaining the peace and security of the community. The doctrine does not apply when they are not in the court of their duty.
In the absence of such prior authority, or peacekeeping nature of the act
attended by the policeman, at time he died, there is no justification that
*Alegre met the requisites set forth in the ECC guidelines:
a. That the employee must be at the place where his work requires him to
be;
b. that the employee must have been performing his official functions; and
c. that if the injury is sustained elsewhere, the employee must have been
executing an order for the employer
Explain briefly the solidary liability of a recruitment agency and a foreign-based employer under the Overseas Filipino Workers Act.
Under Sec. 10 of R.A. No. 8042 as amended by Sec. 7 of R.A. No. 10022 the solidary liability means that both the private recruitment or placement agency and foreign employer can be held individually liable for the entire amount of claim or obligation due to the overseas Filipino worker. This is in line with the state’s policy of affording protection to labor and alleviating worker’s plight. It is a police measure intended to regulate the recruitment and deployment of OFW’s
- In addition, Section 10 of Republic Act No. 8042, otherwise known as The Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022, provides that the liability of the principal/employer and the recruitment/ placement agency for any and all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damage shall be joint and several
Who is considered an Overseas Filipino Worker? If the employer breaches his contract of employment, what legal rights and remedies are available to him/her?
R.A. 8042 sec. 3 states that an OFW is a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on an installation located offshore or on the high seas; to be used
interchangeably with migrant worker
What is repatriation? When is it mandatory?
Repatriation of the worker and the transport of his personal belongings shall
be the primary responsibility of the agency, which recruited or deployed the worker overseas. The repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or the local agency (IRR of R.A. 8042 as amended, Rule XIII, Sec. 1).
It is also mandatory to repatriate upon discovery or being informed of the presence of migrant workers whose ages fall below the minimum age requirement for overseas deployment, the responsible officers in the foreign service shall without delay repatriate said workers and advise the Department of Foreign Affairs (through the fastest means of communication available of such discovery and other relevant information. (IRR of R.A. 8042 as amended, Rule XIlI, Sec . 1)
*In such case, the recruitment/manning agency which recruited or developed
an underage migrant worker shall:
- Pay or reimburse costs of repatriation;
- Suffer cancellation of license;
- Pay a fine of not less than P500.000.00 but not more than P1,000,000.00;
- Refund all fees pertinent to the processing of papers or documents in
the recruitment or deployment; and Indemnify the underage migrant worker or his parents or guardian for the d a m a g e s sustained by the underage migrant worker (R.A. No. 8042)
*EXCEPTIONS:
1. If the termination of employment is due solely to the fault of the worker, the principal or agency is still under obligation. to advance the costs of repatriation. This is without prejudice for recovery from the worker should it be found later that the termination was due solely to the fault of such worker /Omnibus Rules & Regulations Implementing R.A. No. 8042, as amended by R.A. No. 10022, Rule XIlI, Sec. 2); and
2. In cases of war, epidemic, disaster or calamities; natural or man-made, and other similar events, and where the principal or recruitment agency cannot be identified, the Overseas Workers Welfare Administration (OWWA), in coordination with appropriate international agencies, shall take charge of the repatriation (R.A. No. 8042, Sec. 15).
