employment of special workers

7/31/2019 Employment of Special Workers

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Employment of Special Workers(Women, Children, Househelpers, and Homeworkers)

Working Conditions for Special Groups of Workers WomenWomen and the Constitution

Art. II, Sec. 14, Const.: The State recognizes the role of women in nation-building, and shall

ensure the fundamental equality before the law of women and men.Coverage

Section 1, Rule XII, Book III, IRRs: This rule shall apply to all ERs except to:A. government and GOCCs andB. to ERs of household helpers and persons in their personal service insofar as such

workers are concerned.

Prohibited Acts1. NIGHT WORK AND EXCEPTION

Art. 130: No woman shall be employed or permitted or suffered to work, with or withoutcompensation:

a. Industrial undertaking: Between 10:00 pm and 6:00 am of the following day.

b. Commercial undertaking: Between midnight and 6:00 am of the following day.c.Agricultural undertaking: Nighttime unless she is given a period of rest of not less

than 9 consecutive hours.

Art. 131: Exceptions to Nightwork prohibition[A, F, U, P M, H, M, - FA]

a. In cases of actual or impending emergencies caused by a serious accident, fire, flood,earthquake, epidemic or other Disasters or calamity, to prevent loss of life orproperty.

b. Cases of force majeure or imminent danger to public safety.c. Cases of urgent work to be performed on machineries, equipment or installation, to

avoid serious loss which the ER would otherwise suffer.

d. Work is necessary to prevent serious loss of perishable goodse. Woman EE holds a responsible position of managerial or technical in nature.f. Woman EE has been engaged to provide health and welfare service.g. Where the nature of the work requires the manual skill and dexterity of women

workers;h. Where the women EEs are immediate members of the family operating the

establishment or undertaking; andi. Analogous cases. (HUMMPS FAD)

CASE: LG, a manufacturer and exporter of jeans, has a 3-shift work schedule but maintains apolicy of not assigning women in the 3rd shift from 10:00 pm to 6:00 am. Is this policydiscriminatory to women?

Yes. The women sewers, by reason of their sex, are denied the opportunity to earn additionalpay. The nature of the work requires the manual skill and dexterity of women workers andcannot be performed with equal efficiency to male workers. This is one of the exceptions to thenight work prohibition. (Art. 131)


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2. DISCRIMINATIONArt. 135: It shall be unlawful for any ER to discriminate against woman EE with respect toterms and conditions of employment solely on account of her sex.The following are acts of discrimination [P, F]

a. Payment of lesser compensation, as against a male EE, for work of equal value.b. Favoring a male EE over a female EE with respect to the promotion, training

opportunities, study and scholarship grants solely on account of their sexes.Criminal liability for violations shall be penalized as provided in Art. 288 and 289 of thisCode. The institution of any criminal action under this provision shall not bar the aggrievedEE from filing an entirely separate and distinct action for money claims, which may includeclaims for damages and other affirmative reliefs. The actions hereby authorized shallproceed independently of each other.

CASE: C, a 45-year old teacher was dismissed by the school after she got married to Q, her 18-year-old 4th year high school student. Is the dismissal lawful?No, in the absence of substantial evidence to show that C took advantage of her position tocourt her student. There is nothing wrong if the two fell in love despite the disparity in theirages. (Chua-Qua vs. Clave)

3. MARRIAGEArt. 136: Stipulation against marriage It shall be unlawful for an ER to: [C, S, D]

a. Require as a condition of employment or continuation of employment that a woman EEshall not get married;

b. Stipulate expressly or tacitly that upon getting married a woman shall be deemedresigned or separated;

c. Actually dismiss, discharge, discriminate or otherwise prejudice a woman EE merely byreason of her marriage.

GENERALArt. 137: It shall be unlawful for any ER to: [DB, DP, RA]

a. Deny any woman EE the benefits provided for in this Chapter or to discharge anywoman employed by him for the purpose of preventing her from enjoying any of thebenefits provided under this Code;

b. Discharge such woman on account of her pregnancy, or while on leave or inconfinement due to her pregnancy;

c. Discharge or refuse the admission of such woman upon returning to her work for fearthat she may again be pregnant.

CASE: In Ls contract of employment with Club E, it was stipulated that her employment as a dancerwould cease once she gets pregnant. When L got pregnant, L was no longer allowed to dance and sincethere were no other work available for which her talents were suitable, her employment wasterminated. Is the action legal?

Yes. It is both awkward and dangerous for her to dance during her pregnancy. Of course theER has the obligation to give her another job, but as stated in the problem there is no other work forwhich her talents are suited. It is not fair to require the ER to continue employing her. (Alcantara)

CASE: A pharmaceutical company rejected the applications of 5 pregnant women as salesrepresentatives for contraceptive pills and family planning devices. Is this valid?Yes. The company has the prerogative to select its EEs. What is unlawful is for the ER to discriminateagainst or dismiss a woman by reason of their pregnancy. (Alcantara)


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Facilities for WomenArt. 132: The Secretary of Labor shall establish standards that will ensure the safety and healthof women EEs. In appropriate cases, he shall, by regulations, require ER to:

a. Provide seats proper for women and permit them to use seats when they are free fromwork and during working hours, provided they can perform their duties in the positionwithout detriment to efficiency.

b. To establish a nursery in a workplace.c. To determine appropriate minimum age and other standards for retirement or

termination in special occupations such as those of flight attendants and the like.

Art. 134: (a) Establishments which are required by law to maintain clinic or infirmary shallprovide free family planning services to their EEs.Q. Is the ER required by law to give maternity benefits to its female workers?No. Maternity benefits are to be paid in appropriate instances by the SSS. The only obligation ofthe ER is to advance the benefit subject to reimbursement by the SSS.(Alcantara)

Employment of Special Women Workers

CASE: X works as a hostess in a nightclub, she is paid a percentage of the ladys drink ordered bycustomers. There are nights when she does not earn anything because there are no customers. Is Xan EE of the nightclub?Yes. Any woman who is permitted or suffered to work, with or without compensation, in anynightclub, cocktail lounge, massage clinic, bar, or similar establishment, under the effectivecontrol or supervision of the ER for a substantial period of time as determined by the Secretary ofLabor shall be considered an EE of such establishment for purposes of labor and social legislation.(Art. 138)

Working Conditions for Special group of Workers MinorsMinors and the Constitution

Art. II, Sec. 13, Const.: The State recognized the role of the youth in nation-building and shall

promote and protect their physical, moral spiritual, intellectual, and social wellbeing.It shall inculcate in the youth patriotism and nationalism, and encourage their involvement inpublic and civic affairs.

CoverageSection 1, Rule XII, Book III, IRRs: This Rule shall apply to all ERs except[G H]

1. To the Government and GOCCs and2. To ERs of household helpers and persons in their personal service insofar as such workers are

concerned.

Employable Age

Section 12, RA 7610 as amended by RA 7658:*General rule: Children below 15 years of age shall not be employed.*Exceptions: [P, E]

1. Child works directly under the sole responsibility of his parents or legal guardian and whereonly members of the ER family are employed,provided:

A. his employment neither endangers his life, safety, health and morals, nor impairs hisnormal development:


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B. the parent or legal guardian shall provide the said minor child with the prescribedprimary and/or secondary education.

2. Child is employed in entertainment or information through cinema, theater, radio ortelevision,provided:

a. Employment contract is concluded by the childs parents or legal guardian, with theexpressed agreement of the child concerned, if possible, and the approval of the

DOLE.b. The ER shall ensure the protection, health, safety and morals of the child;c. The ER shall institute measures to prevent the childs exploitation or discrimination.d. The ER shall formulate and implement, subject to the approval and supervision of

competent authorities, a continuing program for training and skills acquisition of thechild.

e. The ER shall first secure a work permit from the DOLE which shall ensure observanceof the above requirements.

Art. 139: Any person, between 15 and 18 may be employed in any non-hazardous work. In anyhazardous work, the employable age is 18 and up.

What are considered hazardous work places? [D C M P]a. Where the nature of work exposes the worker to Dangerous environmental elements,

contaminations or work conditions.b. Stevedoring, construction work, logging, firefighting, mechanized farming and similar

work.c. Manufacture or handling of Explosives and other pyrotechnic products.d. Where the workers are exposed to heavy or power-driven machinery or equipment or

tools.

CASE: L, 10 years old, was hired as a singer in a carnival which stages shows wherever there is atown fiesta. She is paid P5, 000.00 a month. L is always on the road, traveling to different partsof the country. Is her employment lawful?

No. Such employment will endanger her health and impair her normal development. She is alsodeprived of the opportunity to get primary education as she is always traveling to differentparts of the country. (Alcantara)

DiscriminationArt. 140: Prohibition against child discrimination No ER shall discriminate against anyperson in respect to terms and conditions of employment on account of his age.

Q. Would a company rule providing for lower wages for workers below 18 years who areinexperienced violate the prohibition?No. The payment of lower wages is by reason of the workers inexperience, not his age.There is no discrimination on account of the workers minority. (Alcantara)

Working Conditions for Special group of Workers HousehelpersCoverageArt. 141: This chapter shall apply to all persons rendering services in households for compensationHousehelpers

Define domestic or household service: Service in the ERs home which is usually necessary ordesirable for the maintenance and enjoyment thereof and includes ministering to the personal


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comfort and convenience of the members of the ERs household, including services of familydrivers. (Art. 141)CASE: C was employed by A company to work as a maid in the cottages of its Baguio mining siteto attend to the needs of its executives or guests who now and then visit the site.Is S a househelper or domestic servant?No. The services of a househelper is rendered exclusively for the personal comfort and

enjoyment of the family of the ER and are performed in the latters home. Services rendered inan executive cottage cannot be considered domestic. S must be considered a regular EE of themining company. (Apex Mining vs. NLRC)

Non-Household Work AssignmentCASE: T lives in a compound where he operates a modest candy business. Sometimes, when there is nowork in his house, his maids help in the packing of the candies and his family driver delivers thecandies to the outlets. How should the work rendered in connection with the candy business becompensated?For work rendered by the maids and the family driver, they should be paid at the rate prescribed bylaw for non-agricultural workers. (Alcantara) No household helper shall be assigned to work in acommercial industrial or agricultural enterprise at a wage or salary rates lower than that provided for

agricultural or non-agricultural workers as prescribed therein.(Art. 145)

Conditions for EmploymentCASE: M, 15 years old, worked as a maid in the house of L. She was paid in advance for 3 yearsand she agreed that she will work for L for the said period. Is there any legal infirmity in the saidagreement?

Yes. The period contract exceeds the maximum set by the law. Art. 142 provides that the originalcontract of domestic service shall not last for more than 2 years, although it may be renewed forsuch periods as may be agreed upon by the parties. Ms contract will therefore be good for only 2years. (Alcantara)

What are the minimum wages for househelpers?A. Metro Manila and highly urbanized cities: P800.00b. Chartered cities and 1st class municipalities: P650.00c. Other municipalities: P550

Househelpers receiving P1, 000.00 shall be covered by the SSS.

Aside from the rights to minimum wage, what other rights are enjoyed by a househelper? [E J B -I F]

a. Opportunity for elementary education if a househelper is less than 18 years old(Art. 146)

b. Just and human treatment (Art. 147)c. Board, lodging and medical attendance (Art. 148)d. Indemnity for unjust termination of services of 15 days plus the compensation already

earned.e. Funeral benefits if the househelper has no relatives with sufficient means in the place where

the head of the family lives. (Art. 1696, NCC) [F I B E J]f. If househelper is unjustly dismissed,

Pay wages already earned + 15 days wages (Indemnity)


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g. If househelper leaves without justifiable cause,

Forfeits any unpaid salary not exceeding 15 daysCASE: M works as a live-in labandera in the house of T somewhere in Quezon City. She works for 11hours a day. Based on their contract, she is paid P800.00. Is she entitled to additional compensation?Yes. Although she is merely a househelper, she should not be allowed to work more than 10 hours aday. (Art. 1695, NCC) Since she worked for 11 hours daily, she should be paid an additional

compensation beyond the minimum wage of P800.00 set by the law. (Alcantara)

Art. 150: If the duration of the household service is not determined either in the stipulation or bythe nature of the service, the ER or the househelper may give notice to put an end to therelationship of the service.

Working Conditions for Special Group of Workers HomeworkersEmployer

Art. 155: ER of homeworkers includes any person, natural or artificial, who for his account orbenefit, or on behalf of any person residing outside the country, directly or indirectly or thoughany EE, agent, contractor, sub-contractor or any other person:

a. Delivers or causes to be delivered, any goods, fabricated in or about a home and

thereafter to be returned or to be disposed of or distributed in accordance with hisdirections; or

b. Sells any goods, articles or materials to be processed or fabricated in or about a homethen rebuys them after such processing or fabrication, either himself or through someother person.

ER LiabilitySection 8, Rule XIV, Book III, IRRs: The ER shall be jointly and severally liable to the EEs orhomeworkers of the contractor or sub-contractor, in the same manner as if the EEs orhomeworkers were directly engaged by the ER.

CASE: S represents in the Philippines the Sears chain of department stores in the US. She sells wood

and leather to housewives who make these into wooden clogs according to the patterns andspecifications of S. Is there an ER-EE relationship between S and the housewives?Yes. The housewives are considered homeweorkers and S is their ER. (Alcantara)Q. What is the liability of Sears?Sears is jointly and severally liable if S is not able to pay the wages of the homeworkers.(Sec. 8, Rule XIV, Book III, IRRs)

Terms and conditions of employment involving money claims of homeworker shall be heard by theRegional Director of the DOLE. Beyond that, the case falls under the jurisdiction of the Labor Arbiter.(Azucena)

employment of special workers

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