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Minimum Wage Fixing This is an Integral Part of the Law

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  Minimum Wage Fixing This is an integral part of the law. The criteria are provided. Focus of the law: Determining the agencies established for wage fixing machinery, namely: 1  –   National Wages and Productivity Commission (NWPC) 2  –   Regional Tripartite Wages and Productivity Board (RTWPB) Tripartite consists of the following: ER, EE and Government ã NWPC (Commission)  [a] Prescribe or set rules and guidelines for the determination of appropriate minimum wages and the factors to be considered [b] Power to review wage levels set by RTWPB; appeal  power ã RTWPB (Board) [a] Determines and fixed minimum wage rates applicable to region, provinces, industries [b] Promulgates the wage order IMPORTANT: The dividing line between NWPC and RTWPB is that the Commission sets the guidelines to be followed, while the Board promulgates the wage orders. Process for Minimum Wage Fixing: 1  –   There must be a need determined by the board based on its study of pertinent facts 2  –   Conduct public hearings and consultations 3  –   Issue wage order (W.O.) 4  –   Publication of wage order in a newspaper of general circulation. W.O. takes effect 15 days thereafter 5  –   Appeal to NWPC w/in 10 calendar days; NWPC required to resolve issue w/in 60 days from filing Women and Minors Women *Consti recognizes the role of women (Art. 2 Sec.14) *3 provisions: 1) re protection the institution of marriage, 2) protecting women’s pregnancy, and 3) discrimination provisions on women under certain conditions. Areas of Concern: [a] Institution of marriage  –   A136 provides for stipulation against marriage. When does the law apply? Pre-employment and Post- employment. In case of the pre-employment, does the law apply within the time of pre-hiring or hiring? [b] Law on pregnancy  –   2 associated laws: Paternity Leave and Maternity Leave [c] Discrimination  –   A135 LC prohibits discrimination against women with respect to terms and conditions of employment solely on account of their sex. There must be equal opportunity, growth, work and pay between male and female EEs. In the case of Duncan The SC ruled that the dismissal based on this stipulation in the employment contract is a valid exercise of management prerogative. The prohibition against personal or marital relationships with employees of the competitor companies upon its employees was held reasonable under the circumstances  because relationships of that nature might compromise the interests of the company. Minors workers R.A 7678 Child refers to any person less than 18y, o. Working child refers to nay child engaged as follows; 1, in work where she /he directly the responsibility of his parents or legal guardian 2 in public entertainment or information Regulation of working hour’s child  1 all time during w/c a child is required to be a prescribed work place 2 all the during w/c a child is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours’ work.  Gen rule is that Special Women Workers: A138 LC provides for a classification of certain women workers. - Women under certain conditions deemed EEs when they meet the test of the workplace, meaning, when they are  permitted or suffered to work in bars, lounges, night clubs and other similar establishments. - Wage is immaterial: “with or without compensation” - Sec. of Labor should provide rules and regulations re terms and conditions of these women workers. Star Paper case  –   No spouse employment policy declared invalid. Minors * There’s recognition in Con sti on the role of minors (Art. 2 Sec. 13) *Law: R.A. 7610 Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act Areas of Concern: [a] Minimum Employable Age: 15 years old General. Rule: Below 15 y.o. NOT to be employed Exceptions: 1) when employed by parents of legal guardian, 2) when employment in  entertainment is essential, provided that children are protected from any hazardous undertaking, both  physical and moral hazards [b] Absolute prohibition on that range: No person shall employ children models in all commercial ads, promoting alcoholic beverages, intoxication drinks, tobacco and its b- products, and violence (Sec.14 RA 7610) Main Requisite before Employment: ER must secure a work permit from DOLE before engaging the child. Sexual Harassment R.A 7877 unlawful only in 3 instances 1 employment 2education or 3training environment. The law punishes sexual harassment if the same is; 1 work related; or2 education related; or training related. Person may be liable  –   any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor ,coach,trainor or any person who having authority, influence or moral ascendency over another in a work training or education that could be demand , request or otherwise requires any sexual favor in return of object of said act. -In work related or employment the sexual favor is made in condition in the hiring or in the employment or continued employment. Househelpers A141 LC  –   coverage: all persons rendering services in households for compensation “Domestic or Household services” shall mean service in ER’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of ER’s household, including services of family drivers.  *Househelpers shall not be assigned to non-household work assignment. If suffered to work in a commercial, industrial or agricultural enterprise, he must be paid the prevailing wage or salary of such workers. *Domestic servants or Househelpers are excluded from fringe benefits Legal measure: -  place of work: ER’s home - nature of work: for maintenance and enjoyment of ER’s home and for personal com fort and convenience of ER’s family - inclusion of family driver Homeworkers A153 LC  –   Regulations of industrial homework to be done by DOLE to ensure general welfare and protection of homeworkers *Industrial Homework: A system of production under which work for an ER or contractor is carried out  by homework at his/her home. Material may or may not be furnished by ER or contractor.

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Jul 23, 2017
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