Go Lang, Crew! (Set 6) Flashcards
Labor Standards and Labor Relations (10 cards)
Explain the presumption of aggravation and why it is no longer observed under the new Employees’ Compensation Law.
Under the presumption of aggravation, compensability may be established if, by substantial evidence, it can be demonstrated that the working conditions
aggravated or at least contributed in the advancement of the employee’s illness (Jebsens Maritime, Inc. v. Babol, G.R. No. 204076, December 4, 2013).
The Labor Code requires “the claimant to prove a positive thing - the illness was caused by employment and the risk of contracting the disease is increased by the working conditions.”
The presumption of aggravation is no longer observed under the new Employees’ Compensation Law, particularly with the implementation of Presidential Decree No. 626, as amended. The objective of the reform was to create a more efficient and fair system for determining compensability. By requiring a more rigorous assessment of whether an illness or injury is truly work-related, the law aims to ensure that only legitimate claims are compensated.
Explain the Direct Premises Rule. Illustrate.
Pursuant to the Direct Premises Rule, the general rule is that the accident should have occurred at the place of work. The coming and going rule and the ingress-egress/proximity rule are just two of the exceptions.
*Illustration: John is a warehouse worker at Logistics Corp, a company that handles storage and distribution of goods. His job involves moving boxes, operating forklifts, and ensuring that the 29 warehouse remains organized and efficient. While John is carrying a heavy box to the loading dock, he slips on a wet spot on the warehouse floor that was not marked or cleaned up. The wet spot was caused by a leaking roof that the maintenance department had
not yet repaired. John falls and injures his back and leg.
*Compensability: Because John’s injury occurred on the employer’s premises while he was performing his work duties, it is classified as a direct premises injury.
If an employee sustains injury outside the premises of the employer, can such employee claim for compensation under the SIF?
It depends. As a general rule, an employee who sustained an injury outside the premises of the employer is not entitled to compensation. However, the following are established exceptions:
A. Street Peril Principle or “Going to or Coming from Work Rule”
- An injury or death of a covered member
in an accident while he is going to or
coming from the workplace, shall
henceforth be duly considered
compensable provided the following
conditions are established definitely:
a. The act of the employee of going to, or
coming from, the workplace, must have
been a continuing act, that is, he had not
been diverted therefrom by any other
activity, and he had not departed from his
usual route to, or from, his workplace; a
and
b. Re: an employee on a special errand,
the special errand must have been official
and in connection with his work
B. Extra-Premises Rule or the “Shuttle Bus Rule
- Where the company which provides the
means of transportation in going to and
coming from the place of work is liable
for the injury sustained by employees
while on board said means of
transportation.
When may service charges be collected and how are they distributed?
Service charges – refer to the additional payment collected ‘by hotels, restaurants and similar establishments’ and which ‘shall be distributed completely and equally among the covered workers except managerial employees’ (P.D. 442, Labor Code, as amended by R.A. 11360, Article 96) and ‘added to the bills for work or services rendered’. These establishments include those entities operating primarily as private subsidiaries of the Government.
The benefit applies ‘to all employees, except managerial employees as defined by law, under the direct employ of the establishment, regardless of their positions, designations or employment status, and irrespective of the method by which their wages are paid.
Under R.A. No. 11360 which took effect on September 3, 2019, and superseded Art. 96 of the Labor Code, all service charges actually collected by covered establishments shall be distributed completely and equally, based on actual
hours or days of work or service rendered, among the covered employees, including those already receiving the benefit of sharing in the service charges (IRR of R.A. No. 11360, Sec. 3).
Discuss briefly the *13th Month Pay Law and who are exempted from its
provisions.
13th month pay is a form of monetary benefit equivalent to the monthly basic
compensation received by an employee, computed pro-rata according to the number of months within a year that the employee has rendered service to the employer (DOLE Bureau of Working Conditions Q & A on 13th month pay).
The following are exempted from the law:
*a. Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount for performing specific work, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall grant the required 13th month pay to such workers;
*b. Employers Already paying their employees a 13th month pay or more in a calendar year or its equivalent at the time of this issuance; and
*c. The Government and any of its political subdivisions, including GOCCs, except those corporations operating essentially as private subsidiaries of the Government
(Revised Guidelines on the Implementation of the 13th Month Pay Law, No. 2).
Discuss briefly the salient features of the *Telecommuting Act.
Telecommuting refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of
telecommunication and/or computer technologies. (IRR of RA 11165, Sec. 2)
An employer in the private sector may offer a telecommuting program to its employees on a voluntary basis or through a collective bargaining agreement, provided that such terms and conditions:
1. shall not be less than the minimum labor standards set by law; and
2. shall include compensable work hours, minimum number of hours at work, overtime, rest days, entitlement to leave benefits, social welfare benefits, and security of tenure. (IRR of RA 11165, Sec. 3)
In all cases, the employee must be provided by the employer a written information to apprise the employee of the terms and conditions of the telecommuting program, including the duration thereof, as well as the rights, duties, and responsibilities of the employee. (IRR of RA 11165, Sec. 3)
*Provisions of the Telecommuting Agreement
1. Eligibility
2. Applicable code of conduct and
performance evaluation assessment
3. Appropriate alternative workplace/s
4. Use and cost of equipment
5. Workdays and/or hours
6. Conditions of employment,
compensation, and benefits,
particularly those unique to
telecommuting employees
7. Non-diminution of benefits
8. Occupational safety and health
9. Observance if data privacy policy
10. Dispute settlement
11. Termination or change of work arrangement
(IRR of RA 11165, Sec. 3)
The list is not exclusive.
Employers shall have the duty to ensure that its employees are not isolated through giving them the opportunity to meet their colleagues on a regular basis and shall be given access to the regular workplace and company information. (IRR of RA 11165, Sec. 4)
The employer and the employee must agree on the protection of personal information and shall utilize available technologies that promote security and
privacy. (IRR of RA 11165, Sec. 5)
*Other Rights
1. Rate pay, OT, NSD, other similar monetary benefits not lower than those provided in applicable laws and/or a CBA
2. Rest day, regular holiday, special non-working days
3. Equivalent workload and performance as those who work within the premises of the employer
4. Same access to training and career development opportunities as those who work within the premises of the employer
5. Same collective rights as those who work within the premises of the employer
In case of differences and misunderstandings on the telecommuting agreement:
1. differences in interpretation and
implementation = grievance mechanism
of the company
2. if there is no grievance mechanism,
refer for conciliation and mediation to
the regional or field office of the DOLE
which has jurisdiction over the
workplace. if still unresolved, refer to
the NLRC.
3. in order to facilitate the resolution of
grievances, employers shall keep and
maintain the documents proving that
the telecommuting agreement was
voluntary adopted by the parties.
(IRR of RA 11165, Sec. 6)
The employer shall notify the DOLE on the adoption of a telecommuting work arrangement by accomplishing the DOLE prescribed form and submitting the same in print or digital copy to the nearest DOLE Field or Provincial Office having jurisdiction over the branch where the office is located. All the DOLE Regional Offices shall submit to the Bureau of Working Conditions a quarterly report for monitoring and evaluation. (IRR of RA 11165, Sec. 7)
A telecommuting pilot program shall be established by the DOLE in select industries that vary from highly technological sectors to sectors that are unlikely to practice telecommuting. The telecommuting pilot program shall not exceed the period of more than three (3) months. At the end of the program, a report shall be submitted by the DOLE to the Congress on its findings and the same shall be uploaded in the DOLE website. (IRR of RA 11165, Sec. 8)
Discuss briefly the salient features of the *Sexual Harassment Law.
This Act focuses on work, education, or training-related sexual harassment.
The following shall be liable if he/she demands, requests, or otherwise requires any sexual favor from the other even if the demand, request, or requirement for submission is accepted:
(a) Employer
(b) Employee
(c) Manager
(d) Supervisor
(e) Agent of the Employer
(f) Teacher/Instructor/Professor
(g) Coach/Trainor
(h) Any other person who, having
authority, influence or moral
ascendancy over another in a work,
education, or training-related
environment.
(i) Any person who directs or induces
another to commit any act of sexual
harassment as herein defined, or who
cooperates in the commission thereof
by another without which it would not
have been committed, shall also be
held liable under this Act.
The gravamen of the offense is not the violation of the employee’s sexuality, but the abuse of power of the employer.
*need may difference sa rank yung offender (higher rank) and victim (lower rank than the offender)
The sexual favor is made as a condition:
(a) in the hiring or in the employment;
(b) re-employment or continued employment of said individual;
(c) or in granting said individual favorable compensation, terms, conditions, promotions, or privileges. 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. Such acts would impair the employee’s rights or privileges under existing labor laws; or such acts would result in an intimidating, hostile, or offensive environment for the employee.
*Duty of the Employer of Head of Office
1. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor; and
2. Create a committee on decorum and investigation of cases on sexual harassment, composing 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.
3. The employer or head of office shall be solidarily liable for damages arising from the acts of sexual harassment committed
in the employment environment if the employer or head of office is informed of such acts by the offended party and no immediate action is taken thereon.
Discuss briefly the salient features of the *Safe Spaces Act.
First, it penalizes gender-based sexual harassment. Homophobic, transphobic, misogynistic, and sexist remarks are now punishable.
Second, it covers sexual harassment in public areas which is one of the limitations of the Anti-Sexual Harassment Law. Gender-Based Sexual Harassment that occur in public utility vehicles, including private cars being used for business, such as Angkas, Grab, and so on, are likewise included in the Safe Spaces Act. Anyone can be an offender.
Third, it penalizes gender-based sexual harassment in the virtual or online world. Cyberstalking, online sexual harassment, online voyeurism, and related acts are now punishable.
Safe Spaces Act explicitly requires that complaints be investigated and resolved within ten (10) days or less upon its reporting. It also provides for the liability of employers and duties of co-workers as to sexual harassment. It specifies the confidentiality of proceedings and the issuance of a restraining order for the offended person. Moreover, it allows local government units to impose heavier penalties on perpetrators. (LBC v. Palco)
Compare and contrast the Sexual Harassment Law and the Safe Spaces
Act.
- i think discussed/included naman na sa previous 2 qs :)
What is the Service Incentive Leave?
How is it different from Service Charges?
SERVICE INCENTIVE LEAVE: Every employee who has rendered at least one (1) year of service shall be entitled to a yearly service incentive leave of five (5) days with pay. (Art. 95, LC)
It shall not apply to those who are already enjoying the benefit, those enjoying vacation leave with pay of at least five (5) days, and those employed in establishments regularly employing less than ten (10) employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
Also not applicable to the following:
1. Government employees
2. Managerial employees and members
of the managerial staff
3. Field personnel whose performance is
unsupervised or those paid a fixed
amount for performing work
irrespective of the time consumed in
the performance thereof
4. Persons in the personal service of
another
SIL is commutable or convertible to cash if not used or exhausted at the end
of the year.
*EXCEPTION: Under the Kasambahay Law, 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.
Art. 306 of the Labor Code is not a prescription of a period of time for the
computation of money claims, but is a prescription of filing an action upon monetary claims from the time the cause of action accrued. The employee may use his service incentive leave benefits as leave days or he may collect its monetary value. To limit the award to three (3) years is to unduly restrict such right. (Fernandez v. NLRC)
*SERVICE CHARGES: This refers to the amount that is added to the bill for work
or service rendered.
*OLD LAW: All service charges collected by hotels, restaurants, and similar establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (15%) for management. The share of the employees shall be equally distributed among them. (Art. 96, LC)
*CURRENT LAW: All (100%) service charges actually collected by covered establishments shall be distributed completely and equally, based on actual
hours or days of work or service rendered, among the covered employees, including those already receiving the benefit of sharing in the service charges. (D.O. No. 206-19, IRR of RA 11360, Sec. 3) * RA 11360 took effect on September 3, 2019, and superseded Art. 96 of the LC)
*Covered Employees
-All employees, except managerial employees, under the direct employ of the
covered establishment, regardless of their positions, designations, or employment status, and irrespective of the method by which their wages are paid (IRR of RA 11360, Sec. 2(a)).
*Covered Establishments
-Those that collect service charge for work or service they offer (IRR of RA 11360, Sec. 2(b)) such as, but not limited to, lodging houses, night clubs, cocktail lounges, massage clinics, bars, casinos and gambling houses, and sports clubs (IRR of RA 11360, Sec. 2(d)). This also includes all establishments collecting service charges such as hotels, restaurants, and other similar establishments, including those entities operating primarily as private
subsidiaries of the Government (2020 Handbook on Workers’ Statutory
Monetary Benefits).
The shares shall be distributed and paid to the covered employees NOT less than once every two (2) weeks or twice a month at intervals not exceeding 16 days (IRR of RA 11360, Sec. 4).
ln case the service charge is abolished, the share of the covered employees shall be considered integrated in their wages. The basis of the amount to be integrated shall be the average share of each employee for the past 12 months immediately preceding the abolition or withdrawal of such charges.
