This document discusses several topics related to employment and security of tenure under Philippine law, including: apprenticeship training requirements; probationary employment periods; regulations around employing minors, women, non-resident aliens, and housekeepers; and permissible reasons for terminating employment. Key details covered are minimum age requirements, allowable work hours for minors, rules for regular vs. casual employment status, and valid causes for terminating apprenticeship or employment agreements.
Security of Tenure and Kinds of EmploymentRuth Mocorro
This document discusses security of tenure and different types of employment under Philippine labor law. It defines regular employment as employment that is necessary for the employer's business, and casual employment as work that is not considered regular. Probationary employment cannot exceed 6 months, and employees must be given just cause or fail to meet performance standards to be terminated during this period. The document also provides a sample labor case where an employee was constructively dismissed without due process during her probationary period and was awarded reinstatement and back wages.
This document discusses several topics related to labor and employment in the Philippines, including apprenticeship agreements, probationary periods, qualifications of apprentices, termination of apprenticeship agreements, learnership agreements, employment of non-resident aliens, regulation of private employment agencies, termination of employment, and manpower development programs. It provides definitions and requirements for apprentices, learners, employment permits, prohibited practices for employment agencies, and valid reasons for job termination by employers and employees.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
1. The document defines a child as under 14, adolescent as 14-18, and adult as 18 or over.
2. Adolescents ages 14-18 can work conditionally, while children under 14 are completely prohibited from working.
3. For adolescents to work, they must obtain a certificate of fitness from a medical practitioner, which is valid for 12 months, and they cannot perform hazardous or underground work.
4. When employing adolescents, the weekly work hours are limited to 30 hours in a factory and 42 hours in an establishment, spread over no more than two shifts between 7am and 7pm.
This document summarizes key aspects of Bangladesh's labor law, including definitions of terms like adolescent, adult, and child. It outlines classifications of workers such as apprentice, badli, casual, and permanent. It discusses regulations around working hours, leaves, maternity benefits, and termination of employment. Punishments for worker misconduct are also described. The document provides an overview of labor laws in Bangladesh governing various workplace issues.
This document summarizes key provisions of Bangladesh's labor laws regarding employment conditions, worker classifications, employer responsibilities, and workplace standards. It discusses rules around employment registration, appointment letters, service books, worker registers, stoppage of work, closures, misconduct punishment procedures, complaint procedures, maternity benefits, termination restrictions, cleanliness, ventilation, lighting, sanitation, fire safety, and prohibitions on excessive weights. The document aims to regulate employment and working conditions to protect worker rights and health and safety in Bangladesh.
This document discusses factory laws regarding working hours, leave and holidays, and salary and wages in Bangladesh. It defines key terms like adult, child, and young worker. It outlines the legal working hours for adults and young personnel, including restrictions on night work and multiple shifts. It also covers the various types of leave that workers are entitled to by law, such as casual leave, sick leave, annual leave, maternity leave, and holidays. Finally, it discusses provisions around salary and wage payment, deductions, and review processes. The overall aim is to highlight the legal rights and protections for Bangladeshi factory workers.
This document summarizes key employment and labour legislation in Trinidad and Tobago. It discusses contracts of employment and service, types of employment contracts, recourse for employees, characteristics that distinguish employees from independent contractors, the Industrial Relations Act, the Truck Ordinance, foreign labour contracts, trade disputes, retrenchment and severance benefits, minimum wages, national insurance amendments, the Maternity Protection Act, the Equal Opportunity Act, and the proposed Occupational Safety and Health Bill. The presentation provides an overview of the legislation and highlights important impacts, definitions, rights, and changes contained within them.
Security of Tenure and Kinds of EmploymentRuth Mocorro
This document discusses security of tenure and different types of employment under Philippine labor law. It defines regular employment as employment that is necessary for the employer's business, and casual employment as work that is not considered regular. Probationary employment cannot exceed 6 months, and employees must be given just cause or fail to meet performance standards to be terminated during this period. The document also provides a sample labor case where an employee was constructively dismissed without due process during her probationary period and was awarded reinstatement and back wages.
This document discusses several topics related to labor and employment in the Philippines, including apprenticeship agreements, probationary periods, qualifications of apprentices, termination of apprenticeship agreements, learnership agreements, employment of non-resident aliens, regulation of private employment agencies, termination of employment, and manpower development programs. It provides definitions and requirements for apprentices, learners, employment permits, prohibited practices for employment agencies, and valid reasons for job termination by employers and employees.
Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
1. The document defines a child as under 14, adolescent as 14-18, and adult as 18 or over.
2. Adolescents ages 14-18 can work conditionally, while children under 14 are completely prohibited from working.
3. For adolescents to work, they must obtain a certificate of fitness from a medical practitioner, which is valid for 12 months, and they cannot perform hazardous or underground work.
4. When employing adolescents, the weekly work hours are limited to 30 hours in a factory and 42 hours in an establishment, spread over no more than two shifts between 7am and 7pm.
This document summarizes key aspects of Bangladesh's labor law, including definitions of terms like adolescent, adult, and child. It outlines classifications of workers such as apprentice, badli, casual, and permanent. It discusses regulations around working hours, leaves, maternity benefits, and termination of employment. Punishments for worker misconduct are also described. The document provides an overview of labor laws in Bangladesh governing various workplace issues.
This document summarizes key provisions of Bangladesh's labor laws regarding employment conditions, worker classifications, employer responsibilities, and workplace standards. It discusses rules around employment registration, appointment letters, service books, worker registers, stoppage of work, closures, misconduct punishment procedures, complaint procedures, maternity benefits, termination restrictions, cleanliness, ventilation, lighting, sanitation, fire safety, and prohibitions on excessive weights. The document aims to regulate employment and working conditions to protect worker rights and health and safety in Bangladesh.
This document discusses factory laws regarding working hours, leave and holidays, and salary and wages in Bangladesh. It defines key terms like adult, child, and young worker. It outlines the legal working hours for adults and young personnel, including restrictions on night work and multiple shifts. It also covers the various types of leave that workers are entitled to by law, such as casual leave, sick leave, annual leave, maternity leave, and holidays. Finally, it discusses provisions around salary and wage payment, deductions, and review processes. The overall aim is to highlight the legal rights and protections for Bangladeshi factory workers.
This document summarizes key employment and labour legislation in Trinidad and Tobago. It discusses contracts of employment and service, types of employment contracts, recourse for employees, characteristics that distinguish employees from independent contractors, the Industrial Relations Act, the Truck Ordinance, foreign labour contracts, trade disputes, retrenchment and severance benefits, minimum wages, national insurance amendments, the Maternity Protection Act, the Equal Opportunity Act, and the proposed Occupational Safety and Health Bill. The presentation provides an overview of the legislation and highlights important impacts, definitions, rights, and changes contained within them.
The document outlines key aspects of Bangladesh's Labor Act of 2006, including 21 chapters that cover conditions of employment, adolescent labor, maternity benefits, health and safety, wages, unions, and dispute resolution. Some key points summarized:
- It defines terms like "worker", "employer", "trade union" and classifies worker types as apprentice, casual, temporary, probationary or permanent.
- Employers must provide written letters of appointment and identity cards to workers.
- Children under 14 cannot work and adolescents need medical certificates and work permits. Their work hours are limited to 7 hours a day.
- Maternity benefits include 16 weeks of paid leave for women workers who have worked
The Apprentices Act 1961 establishes standards and obligations for apprenticeship programs in India to develop skilled workers. It specifies qualifications and training periods for apprentices, obligations of apprentices and employers, stipends, dispute resolution processes, and penalties for noncompliance. The Act aims to meet the demand for skilled craftsmen through apprenticeship programs that provide institutional training and on-the-job skills development.
Employees in the Philippines have basic rights that are protected by law, including:
1) Equal work opportunities regardless of gender, race, or creed.
2) Security of tenure which prevents dismissal without just cause or due process.
3) Standard work hours of 8 hours per day and a weekly rest day of 24 consecutive hours after 6 days of work.
4) Minimum wage, wage-related benefits, and requirements for payment of wages within certain time periods.
An overview on the implication of "Bangladesh labor code 2006" in the tanner...Sadman Prodhan
The document provides an overview of the implications of Bangladesh's Labor Code 2006 in the country's tannery industry. It analyzes how the labor code provisions on wages and payments, working hours and leaves, maternity benefits, and worker welfare are implemented or violated in tanneries. The analysis finds that while some large tanneries comply with many code aspects, most companies and workers have little awareness of labor rights. As a result, workers' rights are often denied.
The document discusses various rights that employers have under labour laws in India. It outlines that an employment contract establishes the employee-employer relationship and defines the conditions of service. It also discusses employers' rights to select employees, pay wages, control work methods, and dismiss employees. The document elaborates on employees' obligations to work faithfully and comply with rules. It provides examples of misconduct by employees that can justify summary dismissal, such as negligence, absence, and insubordination.
A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.
The document discusses key aspects of Bangladesh's Labor Law of 2006, including:
1. It outlines exemptions to the law's coverage such as government offices and educational institutions.
2. It describes the grievance procedure for workers under Section 33, including submitting grievances to employers within 30 days and ability to appeal decisions to labor courts.
3. It prohibits the employment of children and outlines medical examination and certificate requirements for employing adolescents between ages 14-18.
4. It discusses rights of laid off workers, including compensation equal to half wages for first 45 days of layoff and one-fourth wages for subsequent periods of 15 days or more of layoff. Employers can instead retrench workers under
The document provides an overview of key aspects of Bangladesh Labour Law, including its purpose and amendments. It defines international labour law and lists supporting acts in Bangladesh. The summary highlights that the law aims to protect labour rights and regulates conditions like employment classification, working hours, health and safety, welfare benefits, and dispute resolution. It provides definitions for employment types and outlines procedures for leave, closures, payments and resolving disputes.
This letter details the terms of employment for an individual who has been appointed to the position of [Designation] in the Accounts department of M/S RICHA INDUSTRIES LTD. The letter outlines the appointment details including an initial probationary period of 6 months, compensation including salary and benefits, responsibilities of the role, policies around conflicts of interest and non-disclosure of confidential information, and notice periods for termination of employment. The individual is required to sign acknowledging acceptance of these terms and conditions.
The Apprentices Act of 1961 aims to regulate training arrangements in Indian industry to meet the increasing demand for skilled craftsmen. Key objectives include utilizing training facilities, ensuring apprentices receive training according to planned programs, and promoting and improving skills. The Act obligates employers to provide qualified training to apprentices and comply with apprenticeship contracts. Apprentices must attend classes, follow orders, and learn their trade diligently. Rights include stipends, health protections, leave, and compensation for accidents. Apprentices are trainees, not workers, though some labor laws apply. Disputes are first referred to Apprentice Advisors, and completing the Final Test qualifies apprentices without obligating employment offers.
1. The document is an employment agreement between Vijay Laxmi Textile Ltd. and Mr. Ankur Agrawal, wherein Mr. Agrawal agrees to work as a Software Engineer for Vijay Laxmi for 3 years from January 2011 to December 2013.
2. The agreement outlines the terms of employment such as Mr. Agrawal's salary of Rs. 50,000 per month, his obligations to devote full time and efforts to the employer, confidentiality clauses, non-compete clauses, and liquidated damages if employment is terminated early by either party.
3. The agreement also allows the employer to transfer Mr. Agrawal's employment to associate companies, and
The document provides an overview of policies for employees at Sapid Sweets, a producer of high quality chocolate. It outlines policies regarding employment equity, pay equity, health and safety, job postings, orientations, descriptions, training, performance reviews, benefits including pension, workers compensation, dental/health plans, life insurance, vacations, holidays and more. The handbook aims to establish standards and inform employees of their rights and responsibilities.
The document is an employment contract that outlines the terms of a probationary employment position. It details a 6-month probationary period to determine fitness for regularization. The employee will be evaluated on various performance criteria. The company reserves the right to terminate employment during this period for any authorized cause. The contract also specifies compliance with company rules and policies, the confidential nature of work, requirements for work assignments and locations, and a 30-day notice period for resignation.
This document outlines the terms of a contract of employment between a company and an employee. It details the employee's job title and duties, commencement date, probationary period, hours of work, place of work, pay and benefits, expenses, holiday entitlement, sick leave policy, confidentiality, property ownership, restrictions on other employment, grievance procedures, company rules, disciplinary procedures, and termination notice requirements.
This 6-page employment agreement is between Madison Men, a Wisconsin advertising agency, and Margaret Olson for her services as a copywriter. The agreement outlines Olson's duties, compensation including a salary of $50,000 per year and bonus structure, benefits such as health insurance and reimbursed expenses, confidentiality and non-solicitation clauses, grounds for termination, dress code, vacation and sick time policies, and dispute resolution through arbitration. Both parties sign to indicate agreement to the terms laid out in the contract.
1. The document appears to be a final exam for a class covering labor laws and employee benefits in the Philippines. It contains multiple choice and true/false questions testing knowledge of laws around maternity leave, paternity leave, service incentive leave, and workplace injury liability.
2. One essay question asks about the ability of a female employee to return to work during an unexpired maternity leave period. Another asks about the entitlement of an employee who resigned to cash out unused service incentive leave accrued during their employment.
3. The last essay question concerns workplace injury liability for a domestic worker employed by one company but performing duties for another company when injured.
The document discusses the meaning and types of employment contracts. It defines an employment contract as an agreement between an employer and employee that stipulates the conditions of employment. There are three main types of contracts: contracts for an unspecified period, contracts for a specified period, and contracts for a specified task. The document also examines instruments used to determine whether someone is an employee or contractor, including control tests, organization tests, economic reality tests, and mutuality of obligation tests. Key areas that should be covered in an employment contract are also outlined, such as parties, dates, remuneration, terms and conditions, leave, and job title.
Chapter 10 - Employment and Security of Tenure Wella Galos
The document discusses Philippine labor laws around employment, including:
- Security of tenure which guarantees political office holders cannot be removed without cause.
- Regulations around employing minors between 15-18, including allowable work hours.
- Defining regular employment as work that is usually necessary for the employer's business.
- Probationary periods for employment and apprenticeships cannot exceed 6 months without an agreement.
- Requirements for establishing apprenticeship programs and qualifications for apprentices.
- Grounds for termination of employment or apprenticeships by either party with proper notice.
- Regulations for private employment agencies and prohibited practices.
The document is a template employment contract for a school superintendent. It includes provisions for duties, term of employment, district obligations including compensation, benefits, and reimbursements. Key details include:
- The superintendent's duties include personnel management, maintaining credentials, serving as liaison to the board, attending board meetings, and more.
- The term and extensions are outlined, with options for automatic yearly extensions if evaluations are satisfactory.
- District obligations include salary (with options for COLA increases or step schedules), paid time off, health benefits, insurance, automobile allowance or vehicle, and retirement plan contributions. Post-retirement benefits like health coverage are also addressed.
The document outlines key aspects of Bangladesh's Labor Act of 2006, including 21 chapters that cover conditions of employment, adolescent labor, maternity benefits, health and safety, wages, unions, and dispute resolution. Some key points summarized:
- It defines terms like "worker", "employer", "trade union" and classifies worker types as apprentice, casual, temporary, probationary or permanent.
- Employers must provide written letters of appointment and identity cards to workers.
- Children under 14 cannot work and adolescents need medical certificates and work permits. Their work hours are limited to 7 hours a day.
- Maternity benefits include 16 weeks of paid leave for women workers who have worked
The Apprentices Act 1961 establishes standards and obligations for apprenticeship programs in India to develop skilled workers. It specifies qualifications and training periods for apprentices, obligations of apprentices and employers, stipends, dispute resolution processes, and penalties for noncompliance. The Act aims to meet the demand for skilled craftsmen through apprenticeship programs that provide institutional training and on-the-job skills development.
Employees in the Philippines have basic rights that are protected by law, including:
1) Equal work opportunities regardless of gender, race, or creed.
2) Security of tenure which prevents dismissal without just cause or due process.
3) Standard work hours of 8 hours per day and a weekly rest day of 24 consecutive hours after 6 days of work.
4) Minimum wage, wage-related benefits, and requirements for payment of wages within certain time periods.
An overview on the implication of "Bangladesh labor code 2006" in the tanner...Sadman Prodhan
The document provides an overview of the implications of Bangladesh's Labor Code 2006 in the country's tannery industry. It analyzes how the labor code provisions on wages and payments, working hours and leaves, maternity benefits, and worker welfare are implemented or violated in tanneries. The analysis finds that while some large tanneries comply with many code aspects, most companies and workers have little awareness of labor rights. As a result, workers' rights are often denied.
The document discusses various rights that employers have under labour laws in India. It outlines that an employment contract establishes the employee-employer relationship and defines the conditions of service. It also discusses employers' rights to select employees, pay wages, control work methods, and dismiss employees. The document elaborates on employees' obligations to work faithfully and comply with rules. It provides examples of misconduct by employees that can justify summary dismissal, such as negligence, absence, and insubordination.
A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.
The document discusses key aspects of Bangladesh's Labor Law of 2006, including:
1. It outlines exemptions to the law's coverage such as government offices and educational institutions.
2. It describes the grievance procedure for workers under Section 33, including submitting grievances to employers within 30 days and ability to appeal decisions to labor courts.
3. It prohibits the employment of children and outlines medical examination and certificate requirements for employing adolescents between ages 14-18.
4. It discusses rights of laid off workers, including compensation equal to half wages for first 45 days of layoff and one-fourth wages for subsequent periods of 15 days or more of layoff. Employers can instead retrench workers under
The document provides an overview of key aspects of Bangladesh Labour Law, including its purpose and amendments. It defines international labour law and lists supporting acts in Bangladesh. The summary highlights that the law aims to protect labour rights and regulates conditions like employment classification, working hours, health and safety, welfare benefits, and dispute resolution. It provides definitions for employment types and outlines procedures for leave, closures, payments and resolving disputes.
This letter details the terms of employment for an individual who has been appointed to the position of [Designation] in the Accounts department of M/S RICHA INDUSTRIES LTD. The letter outlines the appointment details including an initial probationary period of 6 months, compensation including salary and benefits, responsibilities of the role, policies around conflicts of interest and non-disclosure of confidential information, and notice periods for termination of employment. The individual is required to sign acknowledging acceptance of these terms and conditions.
The Apprentices Act of 1961 aims to regulate training arrangements in Indian industry to meet the increasing demand for skilled craftsmen. Key objectives include utilizing training facilities, ensuring apprentices receive training according to planned programs, and promoting and improving skills. The Act obligates employers to provide qualified training to apprentices and comply with apprenticeship contracts. Apprentices must attend classes, follow orders, and learn their trade diligently. Rights include stipends, health protections, leave, and compensation for accidents. Apprentices are trainees, not workers, though some labor laws apply. Disputes are first referred to Apprentice Advisors, and completing the Final Test qualifies apprentices without obligating employment offers.
1. The document is an employment agreement between Vijay Laxmi Textile Ltd. and Mr. Ankur Agrawal, wherein Mr. Agrawal agrees to work as a Software Engineer for Vijay Laxmi for 3 years from January 2011 to December 2013.
2. The agreement outlines the terms of employment such as Mr. Agrawal's salary of Rs. 50,000 per month, his obligations to devote full time and efforts to the employer, confidentiality clauses, non-compete clauses, and liquidated damages if employment is terminated early by either party.
3. The agreement also allows the employer to transfer Mr. Agrawal's employment to associate companies, and
The document provides an overview of policies for employees at Sapid Sweets, a producer of high quality chocolate. It outlines policies regarding employment equity, pay equity, health and safety, job postings, orientations, descriptions, training, performance reviews, benefits including pension, workers compensation, dental/health plans, life insurance, vacations, holidays and more. The handbook aims to establish standards and inform employees of their rights and responsibilities.
The document is an employment contract that outlines the terms of a probationary employment position. It details a 6-month probationary period to determine fitness for regularization. The employee will be evaluated on various performance criteria. The company reserves the right to terminate employment during this period for any authorized cause. The contract also specifies compliance with company rules and policies, the confidential nature of work, requirements for work assignments and locations, and a 30-day notice period for resignation.
This document outlines the terms of a contract of employment between a company and an employee. It details the employee's job title and duties, commencement date, probationary period, hours of work, place of work, pay and benefits, expenses, holiday entitlement, sick leave policy, confidentiality, property ownership, restrictions on other employment, grievance procedures, company rules, disciplinary procedures, and termination notice requirements.
This 6-page employment agreement is between Madison Men, a Wisconsin advertising agency, and Margaret Olson for her services as a copywriter. The agreement outlines Olson's duties, compensation including a salary of $50,000 per year and bonus structure, benefits such as health insurance and reimbursed expenses, confidentiality and non-solicitation clauses, grounds for termination, dress code, vacation and sick time policies, and dispute resolution through arbitration. Both parties sign to indicate agreement to the terms laid out in the contract.
1. The document appears to be a final exam for a class covering labor laws and employee benefits in the Philippines. It contains multiple choice and true/false questions testing knowledge of laws around maternity leave, paternity leave, service incentive leave, and workplace injury liability.
2. One essay question asks about the ability of a female employee to return to work during an unexpired maternity leave period. Another asks about the entitlement of an employee who resigned to cash out unused service incentive leave accrued during their employment.
3. The last essay question concerns workplace injury liability for a domestic worker employed by one company but performing duties for another company when injured.
The document discusses the meaning and types of employment contracts. It defines an employment contract as an agreement between an employer and employee that stipulates the conditions of employment. There are three main types of contracts: contracts for an unspecified period, contracts for a specified period, and contracts for a specified task. The document also examines instruments used to determine whether someone is an employee or contractor, including control tests, organization tests, economic reality tests, and mutuality of obligation tests. Key areas that should be covered in an employment contract are also outlined, such as parties, dates, remuneration, terms and conditions, leave, and job title.
Chapter 10 - Employment and Security of Tenure Wella Galos
The document discusses Philippine labor laws around employment, including:
- Security of tenure which guarantees political office holders cannot be removed without cause.
- Regulations around employing minors between 15-18, including allowable work hours.
- Defining regular employment as work that is usually necessary for the employer's business.
- Probationary periods for employment and apprenticeships cannot exceed 6 months without an agreement.
- Requirements for establishing apprenticeship programs and qualifications for apprentices.
- Grounds for termination of employment or apprenticeships by either party with proper notice.
- Regulations for private employment agencies and prohibited practices.
The document is a template employment contract for a school superintendent. It includes provisions for duties, term of employment, district obligations including compensation, benefits, and reimbursements. Key details include:
- The superintendent's duties include personnel management, maintaining credentials, serving as liaison to the board, attending board meetings, and more.
- The term and extensions are outlined, with options for automatic yearly extensions if evaluations are satisfactory.
- District obligations include salary (with options for COLA increases or step schedules), paid time off, health benefits, insurance, automobile allowance or vehicle, and retirement plan contributions. Post-retirement benefits like health coverage are also addressed.
The land distribution and tenure system of Bangladesh has changed significantly over time. Originally under British colonial rule, land was distributed to zamindars who were responsible for tax collection. Over the decades, successive governments implemented reforms, reducing land ceilings, recognizing sharecropping rights, and redistributing surplus land. The most recent reforms in 1984 set a ceiling of 60 bighas (20 acres) per family and granted sharecroppers rights over 5 acres. However, legislative attempts have failed to substantially benefit the landless and land-poor. The system continues to evolve in response to economic and social changes in Bangladesh.
The principal legislation governing employment in Malaysia is the Employment Act 1955. However, laws in Sarawak and Sabah are governed by separate ordinances. There are also several other acts that regulate aspects of employment such as pensions, social security, employee provident funds, occupational safety and health, private employment agencies, human resources development, factories and machinery, and industrial relations. These various acts are administered by different departments within the Ministry of Human Resources and Ministry of Labor.
This document outlines key aspects of apprenticeship training and obligations in India according to the Apprentices Act of 1962. It defines an apprentice as someone undergoing training under a contract of apprenticeship. The act aims to regulate apprenticeship training in industry and impose obligations on employers to engage apprentices in prescribed ratios and trades. It also specifies the rights of apprentices to receive stipends and leave, though they are considered trainees and not full workers. The document details dispute resolution processes and penalties for non-compliance with the act.
This document discusses the importance of developing a financial plan for a new business venture. The financial plan includes operating and capital budgets, pro forma income statements, cash flow projections, balance sheets, and break-even analysis. It provides estimates of revenue, expenses, cash positions, and profits over time to assess the viability of the venture. Spreadsheet software is useful for constructing the pro forma financial statements and testing different scenarios.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Labor legislation in the Philippines is divided into labor standards, which establish minimum employment terms, and labor relations, which govern interactions between employers and employees. This document outlines various statutory employee benefits in the Philippines, including minimum wage, holiday pay, overtime pay, night shift differential, service charges, leave benefits, and thirteenth month pay. It provides definitions and coverage for each benefit.
This document summarizes key aspects of the Apprentices Act of 1961 in India. It discusses how the act applies to apprentices undergoing training in designated trades across India. It outlines requirements for apprenticeship contracts between apprentices/guardians and employers. It also describes obligations of apprentices and employers during training. Specifically, it states that employers must provide training, stipends, safety, and time off as prescribed in the act. The overall summary is that the Apprentices Act establishes rules and guidelines governing apprenticeship programs and agreements in India.
This document outlines key labor code provisions for private schools in the Philippines. It discusses compensation, which must be at least the minimum wage. Salaries must be paid in legal tender like cash, not vouchers. Deductions from pay are only allowed in certain prescribed conditions. Teachers' duties are generally classroom teaching, co-curricular activities, research, and community service. Teachers can refuse extra assignments if they are not school-related, even if compensated. Probationary teachers have some job protections but no tenure until their probationary period ends, which is defined as no more than 3 years for K-12 teachers and 6 semesters for college faculty.
This document summarizes laws and policies related to teachers in the Philippines across four categories: Commonwealth Acts, Republic Acts, Presidential Decrees, and Executive Orders. Some key points covered include:
- Commonwealth Act No. 177 protects teachers' tenure and places them under civil service rules. Commonwealth Act No. 578 recognizes teachers as persons in authority.
- Republic Act No. 4670, the Magna Carta for Public School Teachers, aims to improve teachers' living and working conditions to attract and retain qualified teachers.
- Presidential decrees establish rules for teacher examinations, eligibility, professionalization, and pensions.
- Executive orders cover policies like a new teacher career progression system, teacher salaries and benefits
This document provides an overview of contemporary theories of motivation, including: goal-setting theory, which proposes that specific, difficult goals lead to higher performance than easy goals when accepted; equity theory, which suggests employees compare their inputs/outcomes to others and may change behavior if inequity is perceived; and expectancy theory, which focuses on relationships between effort and performance, performance and rewards, and rewards and personal goals. The document also discusses integrating theories and concludes that contemporary motivation theories are complementary, with expectancy theory providing an overarching framework.
The document discusses several theories of motivation from early and contemporary perspectives. It describes Maslow's hierarchy of needs theory which proposes that lower-level needs must be satisfied before higher-level needs can motivate. Herzberg's two-factor theory distinguishes between motivators like achievement that drive job satisfaction and hygiene factors like salary that prevent dissatisfaction. Contemporary theories discussed include goal-setting theory, reinforcement theory, and expectancy theory which proposes that effort, performance, and rewards are linked.
Privileges of Teaching Personnel in Public and Private schoolsVictoria Superal
Teaching personnel in public and private schools enjoy various privileges outlined in laws and regulations. These privileges include maternity/study leave, retirement benefits through GSIS, job security protections, salary increases, and medical benefits. Privileges are granted to recognize the important work of educators and ensure their rights and welfare are protected under the law.
Legal bases of philippine education systemElen Simborio
The document outlines the legal bases of the Philippine education system according to the 1987 Constitution and various education acts. It discusses the rights of students, teachers, parents and schools, as well as their responsibilities. Key points include the right to free and compulsory elementary education, the obligation of parents to enable their children to attend school, and the aims of all educational institutions to develop students' character and skills.
The Philippines' Competitive Advantage on Business Environment in Comparison ...Arangkada Philippines
This document discusses the competitive advantages of the Philippines for business compared to other Asian countries from the perspective of the Japan External Trade Organization (JETRO). It outlines that the Philippines has competitive advantages in terms of cost competitiveness, quality of human resources, and government incentives. It also notes that strengthening industrial linkages, manufacturing sectors, and infrastructure would further improve the investment environment. The document provides data on sources of profits for Japanese companies by region, salaries for various roles in manufacturing and non-manufacturing sectors, and reasons for Japanese companies establishing operations in different Asian cities.
This document summarizes key parts of the Labor Code of the Philippines related to pre-employment. It establishes the following objectives: promoting full employment; protecting citizens' rights to work locally or overseas; facilitating employment choices; and regulating alien employment.
It creates several government agencies to implement these objectives, including the Bureau of Employment Services, which regulates private recruitment and helps place workers. It also establishes the Overseas Employment Development Board to promote overseas employment opportunities for Filipino workers and protect their rights abroad. Private recruitment is prohibited except through authorized public offices or entities. The document also discusses protections for overseas Filipino workers.
Theapprenticesact1961 130307110744-phpapp01Samikshya Kar
The Apprentices Act 1961 establishes regulations for apprenticeship programs in India. Its objectives are to meet demand for skilled workers, utilize training facilities, and ensure apprentices receive training according to plans. Apprentices must meet minimum education qualifications and have obligations to learn diligently and follow employer rules. Employers must provide training according to the act and qualified supervision. The act also specifies apprentice wages, leave, and dispute resolution processes. Violations of the act by employers can result in fines or imprisonment.
This document discusses various topics related to employee placement, promotion, transfer, demotion, separation and termination. It defines these terms and outlines factors that influence them such as personal characteristics, nepotism, seniority and performance. Reasons for promotion, demotion, transfer, layoffs, resignation and retirement are provided. Regulations regarding security of tenure, authorized causes for termination and resignation requirements are summarized. Finally, different types of employment like regular, probationary and contractual are defined.
The document outlines the personnel policies and procedures for Loveworld Publishing. It discusses attracting and retaining qualified staff, equal opportunity, employee conduct, hiring of relatives, work schedules, terms of employment, benefits like sick leave and maternity leave, training, bonuses, redundancy, and exit procedures. The goal is to create a productive and satisfying work environment through fair policies and developing staff capabilities.
The Apprentices Act, 1961 aims to regulate apprenticeship training in trades and promote vocational training. Some key points:
- It covers apprenticeship programs and trades designated by the central government.
- Apprentices must be at least 14 years old, satisfy education/fitness standards.
- Contracts must contain agreed terms between apprentice/guardian and employer.
- Training period is determined by the National Council. Employers must provide qualified training and meet contractual obligations.
The document outlines qualifications for apprentices, obligations of employers and apprentices, registration and termination processes, working hours and leave provisions, and penalties for non-compliance.
The document summarizes Philippine labor laws regarding the training and employment of apprentices and learners. It defines apprenticeship as practical training supplemented by theoretical instruction for highly skilled occupations, lasting 3-6 months. Learnership refers to training for non-apprenticeable semi-skilled jobs lasting less than 3 months. The key requirements for apprenticeship and learnership agreements and programs are outlined.
This document is a standard labor contract between an employer and employee in China. It outlines the following key points in 3 sentences:
The contract establishes an employment relationship between [EMPLOYER NAME] and [EMPLOYEE NAME] for [CONTRACT TERM] years in the role of [JOB TITLE]. It defines the employee's salary, working hours and conditions, benefits, grounds for termination by either party, and procedures for resolving disputes. The contract must be verified by the local labor bureau within 30 days of signature by both parties.
This document is an employment contract between Beijing Zhongguancun International School and Shawn Matthews for the 2006-2007 school year. Some key details:
- Shawn Matthews will work as a school administrator from September 1, 2006 to June 30, 2007.
- The school will provide a monthly salary, medical insurance, paid leave, housing and meals to Matthews.
- Matthews must have the proper documents and qualifications for his work visa. He must perform his duties professionally and be present on required school days.
- The contract can be terminated early by Matthews or the school for various reasons like cause, medical reasons or failing to comply with policies.
Termination is when an employee's job ends. It can be voluntary, such as resignation or retirement by the employee, or involuntary, such as layoffs or firing by the employer. Termination provisions apply to all employers and employees. An employee can only be terminated for just cause and is entitled to compensation if unjustly dismissed. Voluntary termination includes resignation from employment or retirement from the workforce.
This document is a contract of employment between Best Chemical Engineering firm Philippines (the Employer) and Sakura Tsukki (the Employee). It outlines the terms of employment including job title (Chemical Engineer I), compensation (PHP 99,700 monthly salary), benefits (vacation leave, health insurance), work hours (8 hours per day, Monday to Friday), performance reviews, company rules and regulations, grounds for termination, confidentiality agreement, and other standard terms.
This is a complete guide to FMLA, including qualifying factors, notice requirements, certification, calculating and tracking leave, employer responsibilities, and additional resources.
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year for family and medical reasons to eligible employees at employers with 50 or more employees.
Under FMLA, employees are entitled to return to their same or an equivalent job at the end of their FMLA leave and retain their group health insurance coverage. FMLA also provides certain military family leave entitlements for eligible employees.
Blast bangladesh legal aid and services trust service rulesProtul Mahbub
This document outlines the policies and procedures for BLAST's employee orientation program. It covers topics such as appointment and removal of employees, probation periods, job confirmation, duties, leave policies, penalties for misconduct or negligence, appeal processes, and pay/allowances. The document provides detailed guidelines on each topic, specifying things like required notice periods, allowed leave types and amounts, and processes for inquiries and imposing penalties. It aims to clearly define the terms and conditions of employment for BLAST staff.
This document is a contract of employment between Best Chemical Engineering Firm and an employee. It outlines the terms of employment such as job title (Chemical Engineer I), compensation (PHP 99,700 monthly salary), benefits (vacation leave, health insurance), work hours (8 hours per day, Monday to Friday), and grounds for termination. The contract specifies the confidentiality obligations of the employee and that company rules are binding. It is intended to represent the full agreement between the employer and employee.
Termination of Employees under the Labor Code.pptxBrV
1. What establishments are covered by the provisions on Termination under the Labor Code?
2. What is the protection of a regular employee?
3. What is a regular employee?
4. What is a project employee?
5. What is a seasonal employee?
6. What is a casual employee?
7. What is a probationary employee?
8. How can a probationary employee be terminated?
9. What is an apprentice?
10. What qualifications are required for an apprentice?
11. What is a Learner?
12. What is a Kasambahay?
13. What is a Home Worker?
14. What is the entitlement of an employee who was unjustly dismissed?
15. When will the computation period of the backwages?
16. What are the just causes for termination?
17. How do you balance the management’s right to advance the business and the employee’s right?
18. For a just cause to be upheld, what must be present?
19. Who has the burden of proof?
20. What is ”misconduct”?
21. What is immorality?
22. What kind of order to establish willful disobedience?
23. What is reasonable?
24. What is a defense to a defense that “an employee is ignorant of the rules.”
25. How can abandonment be deemed as negligence?
26. What is fraud or dishonesty?
27. In termination, what is the procedural due process?
28. What are the authorized causes for termination? Required procedure?
29. What is the “twin notice” rule?
30. How should an employee resign?
31. When can an employee resign immediately?
32. When is an employee not deemed terminated?
33. What should the employer do after these events?
The Apprentices Act, 1961 aims to regulate apprenticeship training in industries by imposing obligations on employers. Key points include:
- Employers must engage apprentices in prescribed ratios for designated trades.
- Apprentices must be at least 14 years old and meet education/fitness standards. Quotas are prescribed for SC/ST candidates.
- Contracts must be signed between the employer and apprentice/guardian and registered with authorities. Employers are responsible for providing training and a stipend, while apprentices must attend classes and complete their obligations diligently.
- Various authorities are established for administration and dispute resolution, and penalties are prescribed for non-compliance by employers.
This document discusses the different types of employees under Philippine labor law. It defines regular, casual, seasonal, and probationary employees. It provides exceptions for regular employees. It also outlines authorized and unjust causes for termination of employment by employers and employees. Employees terminated under authorized causes are entitled to separation pay. The document notes that moral and exemplary damages may be awarded if dismissal is done in bad faith. It also discusses retirement benefits and security of tenure.
This employment agreement outlines the terms of employment between an employer and employee. It specifies details such as the employee's position and compensation, leave policies, intellectual property ownership, confidentiality agreements, non-compete clauses, and terms for termination. The agreement aims to define the rights and obligations of both parties to ensure lawful and reasonable expectations are met during the employment period.
Similar to Chapter 10 - Employment ans Security of Tenure (20)
Chap. 6 the struggle for survival and prosperityAizell Bernal
This document discusses problems that small and large firms may face and how to address them. For small firms, key issues include lack of competitive advantage, reliance on assumptions instead of facts, poor or no planning, lack of professional advice, capital and cash flow issues, and managerial challenges. For large firms, stated objectives and policies, lack of direction, functional problems, people issues, lack of marketing focus, poor controls, and unrealistic visions can be problematic. The document provides questions and strategies to help firms address these issues to survive, grow, and make a profit.
The document discusses different forms of business ownership and organization - sole proprietorship, partnership, corporation, and cooperative. It outlines the key advantages and disadvantages of each form. Some advantages of sole proprietorship include low start-up costs and total decision-making authority for the owner, while disadvantages are unlimited liability and lack of continuity. Partnerships allow for more capital and skills but have potential for conflicts. Corporations benefit from limited liability but have higher formation costs. Cooperatives provide benefits to members but have equal profit distribution. The document also covers legal considerations and registration processes for different ownership types.
Chapr. 6 Corporate Governance in Global BusinessAizell Bernal
The document discusses corporate governance and anti-corruption in global business. It covers topics like corruption practices and properties, taxonomy of corruption in international business, and how corruption relates to organizational environment and behavior. Corruption has various negative consequences for organizations, like competitive disadvantages. Effective corporate governance requires anti-corruption compliance programs and a culture of ethics.
The document discusses various aspects of office management including office location, office building, office layout, and office environment. Some key points:
1) Location is an important factor for business success. Urban areas provide advantages like amenities and infrastructure but have higher costs, while suburban areas have lower costs but fewer amenities.
2) An office can be located in an owned building or leased building. Owned buildings provide more control but require large investments, while leased buildings have lower costs but less flexibility.
3) Effective office layout follows principles like workflow, proximity of related departments, and adequate space, lighting and facilities for employees.
4) A good office environment with proper lighting, ventilation and facilities improves employee productivity
Leadership and social responsibility hardcopyAizell Bernal
This document discusses leadership and social responsibility. It defines leadership and outlines characteristics of quality leaders. It also describes various leadership styles like telling, selling, participating, and delegating. The contingency approach and path-goal approach to leadership are explained. The document also defines social responsibility and discusses arguments for and against businesses' social involvement. It outlines theories of ethical business management and how businesses can institutionalize ethics.
Here are potential responses to the questions about the Heinz Corp ethics case study:
1. Internal parties affected include Julia (accused of theft), Joanne (witness), other employees (lose trust), and the company (financial loss). External parties affected include customers (deposits stolen). All could lose money and trust in the company.
2. Joanne could: a) Report suspicions to president privately. Risk: no proof, creates tension. b) Gather evidence first before reporting. Risk: more money stolen if waits. c) Report anonymously. Risk: no follow up questions possible
3. The most appropriate action is for Joanne to report her suspicions and observations to the president privately but immediately. This alerts management while allowing
The document discusses the key aspects of staffing or human resource management, which includes analyzing manpower requirements, recruitment, selection, placement, training and development, performance appraisal, and retention of employees. The goal of staffing is to ensure the right people are in the right jobs at the right time to help the organization achieve its goals.
1. The document discusses strategic human resource management and the various processes involved including human resource planning, staffing, development and evaluation, compensation, and knowledge management.
2. It specifically covers topics like job analysis, demand and supply of human resources, recruitment, selection, training, performance appraisal, pay structure, and benefits.
3. The document also provides examples and definitions related to personnel management, manpower planning, and the role of HRM in organizations.
The document discusses the concept of controlling as a management process that involves regulating organizational activities so actual performance meets standards and goals. It defines controlling and explains its significance and relation to other management functions like planning, organizing and directing. The document also outlines the roles of controls, levels of control, steps in the control process, managerial approaches to implementing controls, and characteristics of an effective control system.
Controlling is the process of regulating organizational activities to ensure actual performance meets expected standards and goals. There are different levels of control including strategic, tactical, and operational control. An effective control system is future oriented, multidimensional, cost effective, accurate, realistic, timely, monitorable, acceptable to organizational members, and flexible. The control process involves determining areas to control, establishing standards, measuring performance, comparing performance to standards, taking corrective action if needed, and adjusting standards.
A change in an employee's employment status requires a personnel action by the human resources department based on a request from the employee's department. Such requests should include the old and new employment information and effective date. Employees may progress through a job hierarchy from entry-level positions requiring less skill to jobs requiring more knowledge and skill. Organizations also have career paths representing lines of advancement within occupational fields. Employment status types include full-time, part-time, probationary, permanent, and others. Promotions consider performance records, potential ability, recommendations, and sometimes seniority. Demotions and separations like resignations and terminations also affect employment status.
The document provides information about directing as a management function within an organization. It defines directing as communicating with and influencing others to achieve objectives. It discusses the importance of directing in implementing plans, motivating subordinates, and coordinating activities. Key elements of directing include communication, supervision, motivation, and leadership. Communication is described as essential for conveying information between managers and subordinates through both formal and informal channels.
This document provides an outline and overview of management directing concepts including:
1. The definition and importance of directing as well as its pervasive, continuous, human, creative, and executive functions.
2. The key elements of direction including communication, supervision, motivation, and leadership.
3. Maslow's hierarchy of needs and how it relates to motivation.
4. The different types of power and influence in organizations.
5. How directing relates to leadership.
6. A case study example of a situation involving analyzing cash balances at a university.
Chapter 3D - DELEGATION AND REORGANIZATIONAizell Bernal
1. The document discusses different types of organizational structures including functional, projectized, and departmental structures.
2. It provides examples of how work can be grouped by function, product, process, and geographical location in departmental structures.
3. Key aspects of organizational design discussed include centralization vs decentralization of authority and the roles of formal and informal organization systems.
Chapter 3C - CENTRALIZATION AND DECENTRALIZATIONAizell Bernal
Centralization and decentralization refer to how decision making authority is distributed within an organization. A centralized structure concentrates authority among top executives, while a decentralized structure delegates more decision making authority throughout lower and regional levels. Centralization minimizes duplication and allows for specialized expertise but heavily involves top managers, while decentralization lightens the load on top management and promotes local relationships and efficiency at the cost of some duplication.
This document discusses various topics related to organizing, including defining an organization, different types of organizational structures (line, line and staff, functional, committees), and elements of organizing like departmentation, delegation, and centralization vs decentralization. It provides examples of different types of organizational charts and discusses factors to consider when drawing charts. Key elements of good organization like establishing responsibility and communication are also outlined.
The Genesis of BriansClub.cm Famous Dark WEb PlatformSabaaSudozai
BriansClub.cm, a famous platform on the dark web, has become one of the most infamous carding marketplaces, specializing in the sale of stolen credit card data.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
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Part 2 Deep Dive: Navigating the 2024 Slowdownjeffkluth1
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The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
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Zodiac Signs and Food Preferences_ What Your Sign Says About Your Tastemy Pandit
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Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
Multiple new technologies have emerged, but Samsara and C3.ai are only two companies which have gone public so far.
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Storytelling is an incredibly valuable tool to share data and information. To get the most impact from stories there are a number of key ingredients. These are based on science and human nature. Using these elements in a story you can deliver information impactfully, ensure action and drive change.
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How are Lilac French Bulldogs Beauty Charming the World and Capturing Hearts....Lacey Max
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Chapter 10 - Employment ans Security of Tenure
1. Aizell A. Bernal
BSBA 3
Dr. A. Sande
MGNT 6
Employment and Security of Tenure
Topics to be discussed:
2. Apprenticeship Training
Learnership Agreement
Employment of Non-Resident Aliens
Regulation of Recruitment
Termination of Employment
Employment of Housekeepers
Manpower Development
Employment and Security of Tenure
3. No child below fifteen (15) years of age shall be employed, except when he
works directly under the sole responsibility of his parents or guardian and his
employment does not in any way interfere with his schooling.
A person between fifteen (15) and eighteen (18) years of age may be employed
for such number of hours and such periods of the day as determined by the
Secretary of Labor and Employment in appropriate regulations.
Regular and Casual Employment
The provisions of written agreement to the contrary notwithstanding and
regardless of the oral agreements of the parties, an employment shall be deemed to
be regular where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific project or undertaking, the
completion or termination of which has been determined at the time of the
engagement of the employee or where the work or services to be performed is
seasonal 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 the
preceding paragraph. Any employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be considered a regular
employee with respect to the activity in which he is employed and his employment
shall continue until such actually exits. An employee who is allowed to work after a
probationary period shall be considered a regular employee.
Probationary Employment
Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship agreement
stipulating a longer period. The services of an employee may be terminated for a just
cause or when he fails to qualify as a regular employee.
Apprenticeship Training
The organization of apprenticeship programs shall be primarily a voluntary
undertaking of employers except otherwise provided. Only trades and occupations
declared apprenticeable by the Secretary of Labor and Employment may be
included in apprenticeship programs.
Qualifications of an Apprentice
To 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
4. 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; or
3. 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 voluntary
undertaking by employers. The President of the Philippines may require compulsory
training of apprentices in certain trades, occupations, jobs or employment levels
where shortage of trained manpower is deemed critical as determined by the
Secretary of Labor and Employment.
Likewise, where services of foreign technicians are utilized by private companies
in apprenticeable trades, said companies are required to set up appropriate
apprenticeship programs.
Where training on the job is required by the school or training program curriculum
or as a prerequisite for graduating or board examination, the Secretary of Labor and
Employment may authorize the hiring of said apprentices without compensation.
Probationary Period of Apprentices
The apprenticeship agreement among others shall provide for the probationary
period of the apprentice during which both party may summarily terminate the
agreement as well as the number of hours worked.
The maximum allowable probationary period which the employer may stipulate
with 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 party
terminating shall serve a written notice on the other stating the reason for such
decision, and a copy of said notice shall be furnished the Apprenticeship Division of
the Department of Labor and Employment.
The hours of work of an apprentice shall not exceed the maximum number of
hours of work prescribed by law. An apprentice not otherwise barred by law from
working eight hours a day may be requested by his employer to work overtime and
paid accordingly, provided there are no available regular workers to do the job, and
the overtime work thus rendered is duly credited toward his training time.
Termination of Apprenticeship Agreement
5. Either party to an agreement may terminate the same after the probationary
period 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 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.
Learners may be employed when no experienced workers are available, the
employment of whom is necessary to prevent curtailment of employment
opportunities and moreover where the employment does not create unfair
competition 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
6. 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 and
conditions of employment on account of her sex. Equal remuneration shall be paid to
both men and women for work of equal value.
No employer shall require as a condition of employment or continuation of
employment that a woman employee shall not get married, or to stipulate expressly
or tacitly that upon getting a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge discriminately or otherwise prejudice a
woman employee merely by reason of her marriage.
Prohibited Acts
It 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; or
c. 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 any
domestic or foreign employer who desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the Department of Labor and
Employment.
The employment permit may be issued to a non-resident alien or to an applicant
employer after a determination of the non-availability of a person in the Philippines
who is competent, able and willing at the time of application to perform the services
for which the alien is desired.
After the issuance of employment permit, the alien shall not transfer to another
job or change his employer without prior approval of the Department of Labor and
Employment. Any non-resident alien who shall take up employment in violation of
the Labor Code and its implementing regulations shall be punished accordingly.
Any employer employing non-resident foreign nationals on the effective date of
the Labor Code shall submit a list of such nationals to the Secretary of Labor and
Employment within thirty (30) days after such date indicating their names,
citizenship, foreign and local addresses, and nature of employment and status of
stay in the country.
Regulation of Recruitment
7. Any person applying with a private fee charging employment agency for
employment assistance shall not be charged any fee until he has obtained
employment through his efforts or has actually commenced employment. Such fee
must be always covered with an approved receipt clearly showing the amount paid.
Prohibited Practices
It 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
8. In case of regular employment, the employer shall not terminate the services of
an employee except for a just cause or authorized by the Labor Code. An employee
who is unjustly dismissed from work shall be entitled to reinstatement without loss of
seniority rights and to his back wages computed from the time of his reinstatement.
Termination by Employer
An 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 work
b. Gross habitual neglect by the employee of his duties
c. Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative
d. 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
representative
e. Other causes analogous to the foregoing.
Termination by Employee
An employee may terminate without just cause the employee-employer
relationship by serving a written notice on the employer at least one month in
advance.
An employee may put an end to the relationship without serving the employer for
any of the following just causes:
a. Serious insult by the employer or his representative on the honor and person of
the employee
b. Inhuman and unbearable treatment accorded the employee by the employer or
his representative
c. 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 family
d. Other causes analogous to any of the foregoing.
Termination Pay
A regular employee shall be entitled to termination pay equivalent at least to his
one month salary or to one month salary for every year of service, whichever is
higher, a fraction of at least six months being considered as one whole year, in case
of termination of his employment due to the installation of labor-saving devices or
redundancy.
9. Where the termination of employment is due to retrenchment initiated by the
employer to prevent losses or other similar causes, or where the employee suffers
from a disease and his continued employment is prohibited by law or is prejudicial to
his health or to the health of his co-employees, the employee shall be entitled to
termination pay equivalent at least to his one month salary, or to one-half month pay
for every year of service, whichever is higher, a fraction of at least six (6) months
being considered as one whole year.
Employment of Housekeepers
The Labor Code of the Philippines has taken cognizance of its existence in this
country and moreover conferring upon housekeepers certain rights as well as
vesting them with corresponding obligation under the concept of employer-employee
relationship.
The original contract of domestic service shall not last for more than two years
but it may be renewed for such periods as may be agreed upon by the parties. They
shall be paid minimum wages, provided lodging, food and medical attendance.
No househelper shall be assigned to work in a commercial, industrial or
agricultural enterprise at a wage or salary rate lower than that provided for
agricultural or non-agricultural worker. If the housekeeper is under the age of
eighteen, the employer shall give him or her opportunity for at least elementary
education. If the househelper is unjustly dismissed, he or she shall be paid the
compensation already earned plus that for fifteen days by way of indemnity. If he or
she leaves with justifiable reason, he or she shall forfeit any unpaid salary due him
or her not exceeding fifteen days.
Manpower Development
The National Manpower and Youth Council (NMYC) as the human resource
development agency of the Philippine Government have been directing its efforts to
the training and utilization of the country’s richest resource, its people.
Targets of the Council’s projects rare industrial and agricultural workers, school
dropouts and idle segments of the population.
The Council shall formulate a long-term plan which shall be the controlling plan
for the development of manpower resources of the entire country. The primary
purpose of manpower planning as with any other aspect of planning is to prepare for
the future by reducing its uncertainty. It has a basic goal the reduction of uncertainty
as related to the acquisition, placement and development of employees for future
needs.