Aizell A. Bernal MGNT 6BSBA 3 Dr. A. Sande

CHAPTER 10

EMPLOYMENT AND

SECURITY OF TENURE

Topics to be discuss:

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

EMPLOYMENT AND SECURITY OF TENURE

No child below 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. Regular and Casual Employment Probationary 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.

Regular and Casual Employment

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 exists.

An employee who is allowed to work after a probationary period shall be considered a regular employee.

Regular and Casual Employment

Probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period.

Probationary Employment

APPRENTICESHIP TRAINING

Qualifications of an Apprentice Apprenticeship Programs Probationary Period of Apprentices Termination of Apprenticeship Agreement

To qualify of an apprentice, a person shall:a. Be at least fourteen years of age.b. Possess vocational aptitude and capacity

for apprenticeship as established through appropriate tests.

c. Possess the ability to comprehend and follow oral and written instructions.

Qualifications of an Apprentice

Actual training of apprentices may be undertaken:

a. In the premises of the sponsoring employer in the case of individual apprenticeship programs.

b. 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.

c. In the Department of Labor and Employment training center or other public training institution.

Qualifications of an Apprentice

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.

Apprenticeship Programs

The maximum allowable probationary period which the employer may stipulate with the prospective apprentice in their apprenticeship agreement shall be:

a. Four hundred hours or two months for trades or occupations which normally require a year or more for proficiency.

b. Two hundred hours or one month for occupations and jobs which require more than three months but less than one year for proficiency.

Probationary Period of Apprentices

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 fro 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.

Probationary Period of Apprentices

The following are valid causes for termination:By the Employera. Habitual absenteeism in on-the-job training and related

theoretical instructionsb. Willful disobedience of company rules or insubordination to

lawful order of a superiorc. Poor physical condition, permanent disability or prolonged

illness which incapacitates the apprentice from workingd. Theft or malicious destruction of company property and/or

equipmente. Poor efficiency of performance on the job or in the

classroom for a prolonged period despite warnings duly given to the apprentice

f. Engaging in violence or other forms of gross misconduct inside the employer’s premises.

Termination of Apprenticeship Agreement

By the Apprenticea. Substandard or deleterious working

conditions within the employer’s premisesb. Repeated violations by the employer of the

terms of the apprenticeship agreementc. Cruel or inhuman treatment by the

employer or his subordinatesd. Personal problems which in the opinion of

the apprentice shall prevent him a satisfactory performance of his job

e. Bad health or continuing illness.

Termination of Apprenticeship Agreement

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 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 learnersb. The duration of the learnership period,

which shall not exceed three monthsc. The wages or salary rates of the learners

which shall begin at not less than seventy-five percent of the applicable minimum wage

d. A commitment to employ the learners, if they so desire, as regular employees upon completion of the learnership.

Learnership Agreement

EMPLOYMENT OF WOMEN

No employer shall discriminate against any woman with respect to terms and conditions of employment on account of her sex.

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 married 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.

It shall be unlawful for any employer:a. To deny any woman employee the benefits

provided for under the 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

c. To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.

Prohibited Acts

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.

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 days after such date indicating their names, citizenship, foreign and local addresses, nature of employment and status of stay in the country.

REGULATION OF RECRUITMENT

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.

It shall be unlawful for any individual entity, licensee 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, to make a worker pay any amount greater than 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

Prohibited Practices

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

Prohibited Practices

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

Prohibited Practices

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

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

Prohibited Practices

TERMINATION OF EMPLOYMENT

In case of regular employment, the employers 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 his compensation was withheld from him up to the time of his reinstatement.

Termination by Employer Termination by Employee Termination Pay

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 dutiesc. 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 Employer

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 by Employee

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.

Termination Pay

EMPLOYMENT OF HOUSEKEEPERS

As provided in the Labor Code, 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.

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 an 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 has 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.