Art. An Executive Director heads this Board which has attached Voluntary Arbitrators and Conciliator-Mediators. Non-interference in disposal of wages. ARTICLE 125. If the explanation is unsatisfactory, the notice of decision follows leading to termination of employment. ARTICLE 141. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance. “Employee” includes any individual employed by an employer. Any such Wage Order shall take effect after fifteen(15) days from its complete publication in at least one (1) newspaper of general circulation in the region. (�� The Executive Director shall have the same rank, salary, benefits and other emoluments as that of a Department Assistant Secretary, while the Deputy Directors shall have the same rank, salary, benefits and other emoluments as that of a Bureau Director. Facilities for women.

135. (b) In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise. Art.

ARTICLE 115. (�� The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of law or wage order. Art. If the period of household service is fixed, neither the employer nor the househelper may terminate the contract before the expiration of the term, except for a just cause. Otherwise, the law only encourages prior consultation (as opposed to prior agreement) with the LMC. (c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment. – In the event of bankruptcy or liquidation of an employers business, his workers shall enjoy first preference as regards their wages and other monetary claims, any provisions of law to the contrary notwithstanding. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. (�� 9.1        Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition? The Constitution provides guidance and is supplemented by numerous employment-related legislations, decisions/rulings by the Philippine Supreme Court, and the administrative issuances of the Department of Labour and Employment (“DOLE”).

ARTICLE 96. The employees may file a complaint in order to enforce their discrimination rights. All service charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (15%) for management. Treatment of house helpers. (�� Undertime not offset by overtime. The Secretary of Labor and Employment or his duly authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. – (a) In cases of unlawful withholding of wages, the culpable party may be assessed attorneys fees equivalent to ten percent of the amount of wages recovered. Yes.

(�� Hence, certain groups of employees (i.e., women, the disabled, or employees with HIV, Hepatitis B and tuberculosis) may not be terminated solely on account of their gender or condition. These wages shall include wages varying with industries, provinces or localities if in the judgment of the Regional Board, conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. Art. (As amended by Republic Act No. Treatment of househelpers. ARTICLE 92. – The employer shall treat the house helper in a just and humane manner. ARTICLE 98. Employees may be validly dismissed only after compliance with both substantive and procedural due process requirements of law. endobj ARTICLE 139. 6725, May 12, 1989). 110. ARTICLE 118. Indirect employer. Art. A successful claim may result in an award for reinstatement without loss of seniority rights and full back wages, inclusive of allowances and other benefits computed from the time the employee’s compensation was withheld from him up to the time of his actual reinstatement. Only in case the management has entered into an agreement with the LMC granting the latter co-determination rights. 2.2        What rights do trade unions have? (�PER ��(QE��(��(=( (�t�� Board, lodging, and medical attendance. Non-diminution of benefits. 4.3        What rights does a woman have upon her return to work from maternity leave? Philippine Labor Code – Book I – Book 2 – Book 3 – Book 4 – Book 5 – Book 6 – Book 7.

96. In general, it is unlawful to discriminate with respect to terms and conditions of employment on account of: (1) sex; (2) age; (3) married status; (4) pregnant status; (5) solo parent status; (6) disability; (7) mental health condition; (8) ethnicity; (9) actual, perceived or suspected HIV status; (10) having tuberculosis; (11) having hepatitis B; (12) having cancer or being a cancer survivor (who is considered a person with disability); and (13) union membership. Employment certification. (�� Creation of Regional Tripartite Wages and Productivity Boards. (�� Powers and functions of the Commission. Retaliatory measures. No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.

– Wages shall be paid directly to the workers to whom they are due, except: (a) In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose; or. In case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation.

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