Chapter 10 - Employment ans Security of TenureDocument Transcript
Aizell A. Bernal BSBA 3 Dr. A. Sande MGNT 6 Employment and Security of TenureTopics to be discussed:
Apprenticeship Training Learnership Agreement Employment of Non-Resident Aliens Regulation of Recruitment Termination of Employment Employment of Housekeepers Manpower DevelopmentEmployment and Security of Tenure
No child below fifteen (15) years of age shall be employed, except when heworks directly under the sole responsibility of his parents or guardian and hisemployment does not in any way interfere with his schooling. A person between fifteen (15) and eighteen (18) years of age may be employedfor such number of hours and such periods of the day as determined by theSecretary of Labor and Employment in appropriate regulations. Regular and Casual Employment The provisions of written agreement to the contrary notwithstanding andregardless of the oral agreements of the parties, an employment shall be deemed tobe regular where the employee has been engaged to perform activities which areusually necessary or desirable in the usual business or trade of the employer, exceptwhere the employment has been fixed for a specific project or undertaking, thecompletion or termination of which has been determined at the time of theengagement of the employee or where the work or services to be performed isseasonal in nature and the employment is for the duration of the season. An employment shall be deemed to be casual in nature if it is not covered by thepreceding paragraph. Any employee who has rendered at least one year of service,whether such service is continuous or broken, shall be considered a regularemployee with respect to the activity in which he is employed and his employmentshall continue until such actually exits. An employee who is allowed to work after aprobationary period shall be considered a regular employee. Probationary Employment Probationary employment shall not exceed six (6) months from the date theemployee started working, unless it is covered by an apprenticeship agreementstipulating a longer period. The services of an employee may be terminated for a justcause or when he fails to qualify as a regular employee.Apprenticeship Training The organization of apprenticeship programs shall be primarily a voluntaryundertaking of employers except otherwise provided. Only trades and occupationsdeclared apprenticeable by the Secretary of Labor and Employment may beincluded in apprenticeship programs. Qualifications of an ApprenticeTo qualify as an apprentice, a person shall:a. Be at least fourteen (14) years of age;b. Possess vocational aptitude and capacity for apprenticeship as established through appropriate tests; and
c. Possess the ability to comprehend and follow oral and written instructions.Actual training of apprentices may be undertaken:1. In the premises of the sponsoring employer in the case of individual apprenticeship programs;2. In the premises of one or several designated firms in the case of programs sponsored by a group or association of employers or by a civic organization; or3. In a Department of Labor and Employment training center or other public training institution. Apprenticeship Programs The organization of apprenticeship programs shall be primarily a voluntaryundertaking by employers. The President of the Philippines may require compulsorytraining of apprentices in certain trades, occupations, jobs or employment levelswhere shortage of trained manpower is deemed critical as determined by theSecretary of Labor and Employment. Likewise, where services of foreign technicians are utilized by private companiesin apprenticeable trades, said companies are required to set up appropriateapprenticeship programs. Where training on the job is required by the school or training program curriculumor as a prerequisite for graduating or board examination, the Secretary of Labor andEmployment may authorize the hiring of said apprentices without compensation. Probationary Period of Apprentices The apprenticeship agreement among others shall provide for the probationaryperiod of the apprentice during which both party may summarily terminate theagreement as well as the number of hours worked. The maximum allowable probationary period which the employer may stipulatewith the prospective apprentice in their apprenticeship agreement shall be: a. Four hundred (400) hours or two (2) months for trades or occupations which normally require a year or more for proficiency; and b. Two hundred (200) hours or one month but less than one year for proficiency. At least five working days before the actual date of termination, the partyterminating shall serve a written notice on the other stating the reason for suchdecision, and a copy of said notice shall be furnished the Apprenticeship Division ofthe Department of Labor and Employment. The hours of work of an apprentice shall not exceed the maximum number ofhours of work prescribed by law. An apprentice not otherwise barred by law fromworking eight hours a day may be requested by his employer to work overtime andpaid accordingly, provided there are no available regular workers to do the job, andthe overtime work thus rendered is duly credited toward his training time. Termination of Apprenticeship Agreement
Either party to an agreement may terminate the same after the probationaryperiod only for a valid cause. The following are valid causes for termination:I. By the Employer a. Habitual absenteeism in on-the-job training and related theoretical instructions; b. Willful disobedience of company rules or insubordination to lawful order of a superior; c. Poor physical condition, permanent disability or prolonged illness which incapacitates the apprentice from working; d. Theft or malicious destruction of company property and/or equipment; e. Poor efficiency of performance on the job or in the classroom for a prolonged period despite warnings duly given to the apprentice; and f. Engaging in violence or other forms of gross misconduct inside the employer’s premises.II. By the Apprentice a. Substandard or deleterious working conditions within the employer’s premises; b. Repeated violations by the employer of the terms of the apprenticeship agreement; c. Cruel or inhuman treatment by the employer or his subordinates; d. Personal problems which in the opinion of the apprentice shall prevent him a satisfactory performance of his job; and e. Bad health or continuing illness.Learnership Agreement Learners are persons hired as trainees in semi-skilled and other industrialoccupations which are non-apprenticeable and which may be learned throughpractical training on the job in a relatively short period of time which shall not exceedthree (3) months. Learners may be employed when no experienced workers are available, theemployment of whom is necessary to prevent curtailment of employmentopportunities and moreover where the employment does not create unfaircompetition in terms of labor costs or impair or lower working standards. Every learnership agreement shall include: a. The names and addresses of the learners; b. The duration of the learnership period, which shall not exceed three (3) months; c. The wages or salary rates of the learners which shall begin at not less than seventy-five (75%) of the applicable minimum wages; and d. A commitment to employ learners, if they so desire, as a regular employees upon completion of the learnership. All learners who have been allowed or suffered to work during the first two months shall be deemed regular
employees if training is terminated by the employer before the end of the stipulated period through no fault of the learner.Employment of Women No employer shall discriminate against any woman with respect to terms andconditions of employment on account of her sex. Equal remuneration shall be paid toboth men and women for work of equal value. No employer shall require as a condition of employment or continuation ofemployment that a woman employee shall not get married, or to stipulate expresslyor tacitly that upon getting a woman employee shall be deemed resigned orseparated, or to actually dismiss, discharge discriminately or otherwise prejudice awoman employee merely by reason of her marriage. Prohibited ActsIt shall be unlawful for any employer;a. To deny any woman employee the benefits provided for under Labor Code or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the said benefits.b. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; orc. To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.Employment of Non-Resident Aliens Any alien seeking admission to the Philippines for employment purpose and anydomestic or foreign employer who desires to engage an alien for employment in thePhilippines shall obtain an employment permit from the Department of Labor andEmployment. The employment permit may be issued to a non-resident alien or to an applicantemployer after a determination of the non-availability of a person in the Philippineswho is competent, able and willing at the time of application to perform the servicesfor which the alien is desired. After the issuance of employment permit, the alien shall not transfer to anotherjob or change his employer without prior approval of the Department of Labor andEmployment. Any non-resident alien who shall take up employment in violation ofthe Labor Code and its implementing regulations shall be punished accordingly. Any employer employing non-resident foreign nationals on the effective date ofthe Labor Code shall submit a list of such nationals to the Secretary of Labor andEmployment within thirty (30) days after such date indicating their names,citizenship, foreign and local addresses, and nature of employment and status ofstay in the country.Regulation of Recruitment
Any person applying with a private fee charging employment agency foremployment assistance shall not be charged any fee until he has obtainedemployment through his efforts or has actually commenced employment. Such feemust be always covered with an approved receipt clearly showing the amount paid. Prohibited PracticesIt shall be unlawful for any individual entity, license or holder of authority: a. To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater that that actually received by him as a loan or advance; b. To furnish or publish any false notice or information or document in relation to recruitment or employment; c. To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code; d. To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment; e. To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency; f. To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines; g. To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representatives; h. To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters as may be required by the Secretary of Labor and Employment; i. To substitute or alter employment contracts approved and verified by the Secretary of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of expiration of the same without approval of the Department of Labor and Employment; j. To become officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or in directly in the management of a travel agency; and k. To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;Termination of Employment
In case of regular employment, the employer shall not terminate the services ofan employee except for a just cause or authorized by the Labor Code. An employeewho is unjustly dismissed from work shall be entitled to reinstatement without loss ofseniority rights and to his back wages computed from the time of his reinstatement. Termination by EmployerAn employer may terminate an employee for any of the following causes:a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or the duly authorizes representative in connection with his workb. Gross habitual neglect by the employee of his dutiesc. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representatived. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representativee. Other causes analogous to the foregoing. Termination by Employee An employee may terminate without just cause the employee-employerrelationship by serving a written notice on the employer at least one month inadvance. An employee may put an end to the relationship without serving the employer forany of the following just causes:a. Serious insult by the employer or his representative on the honor and person of the employeeb. Inhuman and unbearable treatment accorded the employee by the employer or his representativec. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his familyd. Other causes analogous to any of the foregoing. Termination Pay A regular employee shall be entitled to termination pay equivalent at least to hisone month salary or to one month salary for every year of service, whichever ishigher, a fraction of at least six months being considered as one whole year, in caseof termination of his employment due to the installation of labor-saving devices orredundancy.
Where the termination of employment is due to retrenchment initiated by theemployer to prevent losses or other similar causes, or where the employee suffersfrom a disease and his continued employment is prohibited by law or is prejudicial tohis health or to the health of his co-employees, the employee shall be entitled totermination pay equivalent at least to his one month salary, or to one-half month payfor every year of service, whichever is higher, a fraction of at least six (6) monthsbeing considered as one whole year. Employment of Housekeepers The Labor Code of the Philippines has taken cognizance of its existence in thiscountry and moreover conferring upon housekeepers certain rights as well asvesting them with corresponding obligation under the concept of employer-employeerelationship. The original contract of domestic service shall not last for more than two yearsbut it may be renewed for such periods as may be agreed upon by the parties. Theyshall be paid minimum wages, provided lodging, food and medical attendance. No househelper shall be assigned to work in a commercial, industrial oragricultural enterprise at a wage or salary rate lower than that provided foragricultural or non-agricultural worker. If the housekeeper is under the age ofeighteen, the employer shall give him or her opportunity for at least elementaryeducation. If the househelper is unjustly dismissed, he or she shall be paid thecompensation already earned plus that for fifteen days by way of indemnity. If he orshe leaves with justifiable reason, he or she shall forfeit any unpaid salary due himor her not exceeding fifteen days. Manpower Development The National Manpower and Youth Council (NMYC) as the human resourcedevelopment agency of the Philippine Government have been directing its efforts tothe training and utilization of the country’s richest resource, its people. Targets of the Council’s projects rare industrial and agricultural workers, schooldropouts and idle segments of the population. The Council shall formulate a long-term plan which shall be the controlling planfor the development of manpower resources of the entire country. The primarypurpose of manpower planning as with any other aspect of planning is to prepare forthe future by reducing its uncertainty. It has a basic goal the reduction of uncertaintyas related to the acquisition, placement and development of employees for futureneeds.