Standards for specific employees

Art 18, LC: No employer may hire a Filipino worker for overseas employment.
Can only hire through licensed/ authorized agencies. (p.203)

Exceptions:

1) members for diplomatic corps

2) International organizations
3) Heads of state
4) Gov't officials (at least deputy minister)
5) Gov't with lesser rank, if endorsed by POLO
6) Employers of professionals and skilled workers
7) Relatives who are permanent residents of that country

Minimum age for Overseas employment:

Domestic workers- 23 yrs old

other OFWs- 18 years old

Sanctions for recruiting Underage OFWs: (p.204)

1) revocation of license
2) Fine
3) Refund all fees paid by underage workers

No Placement fee for OFWs:

1) Seafarers
2) Domestic workers
3) Workers deployed to overseas projects by POCB
4) Workers deployed to countries which do not allow collection of placement fee

All sea and land based OFWs are compulsorily covered by SSS

Employment standards- whichever is higher bet host country or Philippines

Employment standards: (p205)

Food and accommodation

Free transportation
Regular work hours (8 hrs day or 48 hrs/week)
Overtime pay
Rest day
Premium pau
vacation leave and sick leave
Leave pay (4 1/2 days for each month of service)
Free emergency medical/dental treatment (sick allowance equivalent to basic wage
-until declared fit to work/ repatriated)
Death benefit

Third Doctor Conflict Resolution Procedure- seafarer repatriated because of work-

connected injury must submit himself to post- employment medical examination
by a company physician within 3 working days upon his return (p. 209)

Free insurance coverage (p212)

-OFW shall be covered by a compulsory insurance policy which shall be secured at
no cost to the worker

War risk insurance (p213)

Where OFWs can be deployed:

1) has existing labor and social laws protecting rights of migrant workers
3) has na existing agreement with the PH government regarding protection of
OFWs
3) signatory to and ratifier of multilateral conventions

Period to deploy OFWs: within 60 days from date of issuance of OEC

Pre-departure orientation seminar- for newly-hired workers

Mandatory remittance of foreign exchange earnings- mandatory under Art 22(p215)

Amount:

80% -seamen
70% -Filipino contractors, construction, professionals, those with free board and
lodging
50%- domestic and service workers

Exempted from remittance requirement:

1) Immigrants
2) those with family members residing with him abroad
3) Filipino servicemen
4) Those working with UN

Repatriation of OFWs- responsibility of the recruitment agency.

(In case of war: OWWA) (p216)

Country- team approach: PH embassies or personnel operate to ensure the

protection of OFW

Remedy for aggrieved OFWs:

-can file complaint for illegal dismissal or money claims. (Sec 10, Migrant workers
Act)

Reliefs of OFWs who are illegally dismissed (p218)-

1) Payment for salaries for the unexpired portion

2) Full reimbursement of placement fee

Non- Resident Aliens (p218)

Alien employment Permit (AEP)

-Non-resident aliens who will work in the Philippines should get an Alien
Employment Permit. (Art 40, LC)
--engage in gainful employment in the PH. Gainful employment presupposes the
existence of employer-employee relationship bet PH-based and foreign national

Additional: (p.219)

1) Work visa
2)Special temporary permit
3)Authority to employ alien

Exempted: (p.219)

1) Dependent spouse of any member of the diplomatic crops

2) Accredited officials and personnel of international organizations
3) Foreign nationals who are officers and staff of the embassy of their country or of
peacekeeping.
4) Foreign nationals who come to the Philippines to teach, present and conduct.
5) Permanent resident foreign nationals and probationary or temporary resident
visa holders
6) Refugees and stateless persons
7) Foreign nationals exempted by law

Certificate of exemption: Must get in DOLE regional office

Excluded from AEP requirement (p221)

Foreign nationals who provide/ supply services in the PH but their employers are
located abroad

1) Members of governing board with voting rights

2)President and Treasurer
3) Intra-corporate transferee
4) Contractual service supplier
5) Authorized representatives of foreign principal/ employers accredited by POEA

Procedure for obtaining AEP (p.224)

File with DOLE regional office within 10 working days from contract signing of
employment.

Denial of AEP application: (p226)

-misrepresentation of facts
- submission of falsified, tampered or fraudulent documents
-submission of visa not accordance with rules and regulations
-grave misconduct/ ill-treatment of workers
AEP application approved: If there is no competent Filipino is able to and willing
to perform the services for which the alien is desired (p227)

Validity of AEP= 1 year

Change if job/employer invalidates the permit- w/o prior approval of the SOLE
(Art 41, LC) (p227)

Sanctions:

1) Fine/Imprisonment (Art 303)

2) Deportation

Revocation of AEP: (p228)

1) Mirepresentation in securing permit

2) Meritorious objection filed by a Filipino citizen
3) Conviction of a crime
4) Verified information against the employment of the foreign national
5) Grave misconduct
6) Violation and non-compliance of the LC
7) Failure to claim employment permit within 10 days from notice

Remedy from Denial of Application or Revocation of AEP: (p229)

-file an MR within 10 days

- Denied: SOLE

Sanction for Fraudulent applications: banned from filing application for 5 years
Sanction for working without an employment permit/ expired permit:

- disqualification from applying for 5 years

- fine/imprisonment
-deportation

Renewal of AEP: within 60 days before its expiration(p233)

Apprentices- a person undergoing training for an approved apprenticeable
occupation during an established period
Minimum age: 14 years old (Art 59, LC)
Jobs: Apprenticeable occupations (TESDA)
-only employers in highly technical industries can establish an apprentice program
(Art 60, LC)
- no legal obligation on the part of the employers to start apprentice program (Art
70, LC)

Requirements: 1) TESDA-approved 2) agreement

When it is obliged to set-up an apprenticeship program:(p236)

1) shortage of manpower
2) foreign technicians are utilized

Compensation: 75% of statutory minimum wage (Art 61 of LC)

- not applicable for those who undergo apprenticeship for the purpose of
complying requirements (Art 72, LC)
Duration: Shall not exceed 6 months
-employer not obliged to hire apprentice as employee

Learners (p238)
- persons hired as trainees in semi-skilled or non-apprenticable occupations which
can be learned through practical training, on- the-job, not exceeding three months

when employer can hire learners:

-job is semi-skilled
- no available experienced workers
- necessary to precent curtailment of employment opportunities
- does not create unfair competition in terms of labor costs

minimum age for employment of learners: 15 years old

Requirements: 1) TESDA- approved 2) Learnership contract

-compensation: 75% of the statutory minimum wage (Art 75) (p239)

Duration: 3 months (Art 75, LC)
- must be absorbed as regular employee after 3-month training (not probationary)

termination of the learner before the 2nd month= considered as regular employee

Violation of the Learnership law is under Art 303 of the LC, Art 77 for penalty
clause

p.240

Learner Apprentice

15 years old 14 years old

Hired for non-apprenticeable (semi- hired for apprenticeable (skilled)

skilled) occupations occupations

Does not undergo theoretical undergoes theoretical instructions

instructions

3 months training 6 months training

can be hired even if employer is not a can be only hired in highly technical
highly technical industry industries

can be hired only when there are no can be hired even if there are available
available experienced workers experienced workers
become regular employees upon employment terminates upon
expiration of learnership expiration of the apprenticeship

violation of the learnership law is a violation of the apprenticeship law is

criminal offense not a criminal offense
 Persons with Disabilities (p.241)

PWD- those suffering from restriction to perform an activity because of mental,

physical or sensory impairment.

Discrimination: Sec 32 of Magna Carta of PWD

Compensation: Same compensation, benefits and conditions of employment (Sec
5, Magna Carta of PWD)
Can be hired as apprentice/learners: Yes. (Sec. 7 of Magna Carta of PWD)
Incentives: Additional deduction from gross income, equivalent to 25% of the total
amount paid

Child workers (p.243)

Child- person below 18 years old

Minimum wage for local employment- 15 years old

When can children below 15 years old be employed:

-child works directly under his parents/ legal guardian

(Only members of his family are employed and child is provided with
primary/secondary education))
-employment of child is essential in public entertainment or information

Work permit under Sec 12, RA 7610: (p.244)

-required
-valid for 1 year
-cancellation: Fraud, misrepresentation, violation of terms, failure to institute
measures of protection and safety of child
-failure to formulate and implement program for education
-depriving child access to formal, non-formal or alternative learning system
- not needed: spot extras
Working hours:

Below 15 years
*not more than 4 hrs/day
*not more than 20 hrs/week
*no work between 8PM-6AM

15-18 years
*not more than 8 hrs/day
*not more than 40 hrs/week
*no work between 10PM-6AM

Where children cannot be employed (p246)

-model in advertisements with alcohol

- seaferers
- those involve power-driven tools, explosives,
- illegal/illicit activities
- where child is exposed to: sexual activities, biological agents, physical danger

jobs which are performed:

-underground
-underwater
-at dangerous heights

Women workers (p247)

What is forbidden:
*Paying lesser compensation/ fringe benefits
*Favoring male employee
*Discrimination against married women
-policy prohibiting employers to get married (Art 134 of the LC)
- pregnancy not a ground for dismissal (Art 135,LC)
Leave benefits (p251)

*Gynecological leave- 2 months max

*Battered women- 10 days
*Maternity- 105 days (120 days if solo parent) (60 days if miscarriage)

Rest periods: (p251)

Standing for long periods- break/cut time spent on standing

Sitting for a long period- 5 min break every 2 hours

Domestic Workers (p252)

-only applies to DW working in the PH

-those abroad are covered by Migrant Workers Act
-are those engaged to work for a household within an employment relationship

Not considered as DW:

-children/relatives of DW
-those who perform domestic work occasionally
-children under foster familu arrangement
-family drivers
-service workers

-Minimum age: 15 days (Sec 40 of Domestic Workers Act)

-must be registered with barangay

Working conditions (p255)

*minimum wage to be determined by RTWPB
*13th month pay
*additional compensation
*free board and lodging
*8 hrs rest period
*service incentive leave (5 days a year)
*medical assistance
*SSS, Philhealth and pagibig coverage

Rights and privileges of Domestic Workers: (p258)

*Humane treatment
*Education and training
*Privacy
*access to outside communication

Obligations:

*render satisfactory service at all times

*observe terms and conditions of employment
*refrain from publicly disclosing any communication or information

Prohibited activites: (p260)

*Deposits
*Debt bondage
*Interference in the Disposal of Wages
*Withholding of wages

No stipulation of employment time- termination may be given 5 days advance

notice(p261)

Just cause for Dismissal: (p261)

*Misconduct
*Willful disobedience
*Commission of a crime
*Fraud
*breach of trust
*Disease prejudicial to health of DW
*Violation of contract

Effect of dismissal w/o Just cause- indemnity equivalent to 15 days wage

If DW quits employment w/o Just cause- forfeited unpaid wages to the extent of 15
days
Grounds for quitting employment: (p262)

*Verbal/emotional abuse
*Inhumane treatment
*Commission of crime
*Disease prejudicial to health of DW
*Violation of contract

Family Drivers (p262)

-not covered by DW Act

-covered by Arts 1689, 1697 and 1699

Under Art 1697- Family drivers unjustly dismissed would be entitled to

compensation (15 days)

Night Workers (p 264)

-employees whose job requires performance of work of not less than 7 consecutive
hours (midnight to 5 in the morning)
-exclusion: agriculture, stock raising, fishing, maritime transport