Documents

Labor Law Book III PH

Description
Description:
Categories
Published
of 3
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Share
Transcript
  BOOK III CONDITIONS OF EMPLOYMENT Article 82. Coverage.  –  The provisions of this Title shall apply to employees in all establishments and undertakings, whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.  As used herein, “managerial employees” refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officer of member of the managerial staff. “Field personnel” shall refer to non -agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. Notes: Book III includes all employees in all establishments, agricultural, or non-agricultural, whether for profit or not. Exceptions: 1)   Government Employees 2)   Managerial Employees 3)   Field Personnel 4)   Members of the family of the employer who are dependent on him for support 5)   Domestic Helpers 6)   Persons in the personal service of another 7)   Workers paid by results as determined by the Secretary of Labor I.   Government Employees -   Those working in the different branches of the government departments, agencies, and instrumentalities. -   They include employees in the political subdivisions or the LGUs and GOCCs with srcinal charters. -   Terms and conditions of employment are governed by Civil Service Law, rules and regulations. Civil Service    –  embraces all branches, subdivisions, instrumentalities and agencies of the government, including GOCCs with srcinal charters (Article 9-B, Section 2(1), 1987 Constitution) The “corporations with srcinal charters”  means government corporations NOT organized under the Corporation Code. Notes -   Terms and conditions of employment of all government employees, including employees of GOCCs, shall be governed by Civil Service Law, rules and regulations. -   Salaries shall be standardized by the National Assembly/Congress. -   There shall be not reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code. Jurisprudence -   Government employees may, through their unions or associations, either (1) petition the Congress for the betterment of the terms and conditions of employment or (2) negotiate with the appropriate government agencies for the improvement of those which are not fixed by law. -   If there are unresolved grievances , dispute may be referred to the Public Sector Labor  –  Management Council for appropriate action. -   But they may not resort to strikes, walk-outs and other temporary work stoppages to pressure the government to accede to their demands ( SSS vs. Court of Appeals ). GOCCs without Original Charter -   Employees of “ GOCC without srcinal charters ”   are governed by the Labor Code and the  jurisdiction of DOLE extends to these government corporations which have been incorporated under the Corporation Code. II.   Managerial Employees  -   They are not covered because they are employed by reason of their special training, experience, or knowledge. -   Value of their work cannot be measured in terms of hours. -   Alter-egos of the employers. Managerial Employee    –  one vested with the powers and prerogatives to lay down and execute management policies and or to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees. (Article 212 (m), Labor Code). Managerial employees who meet the following conditions are not covered by the provisions of Article 82: (1)   Primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. (2)   Customarily and regularly direct the work of two or more employees (3)   They have the authority to hire or fire employees of lower rank; or their suggestions and recommendation as to hiring and firing and as to promotion or any other change of status of other employees, are given particular weight. Jurisprudence:  -   Managerial employees are ranked as: (1) Top Managers (2) Middle Managers and (3) First Line Managers.    Top and Middle Managers    –  have authority to devise, implement and control strategic and operational policies    First-line Managers    –  must ensure that such policies are carried out by the rank-and-file employees of an organization. -   “Managerial employees” fall in 2 categories :    Managers per se  –  Top and Middle managers    Supervisor  –  First-line managers -   Mere fact that an employee is designated as “manager” does not ipso facto  make him one. Designation should be reconciled with the actual job description of the employee  –  it determined the nature of employment. Supervisory Employees are Deemed Managerial Employees if they perform the following duties and responsibilities: (1)   Primary duty consists of the performance of work directly related to management policies of their employer; (2)   Customarily and regularly exercise discretion and independent judgment; and (3)   (i) regularly and directly assist a proprietor or managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and (4)   Do not devote more than 20% of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2), and (3) above. (Rule I, Section 2(c), Labor Code Implementing Rules and Regulation, Book III). Managerial Employees under Labor Standards (Article 82) Managerial Employees under Labor Relations (Article 212[m]) Managerial employees are Exempted from the coverage of the book (i.e. working conditions, rest periods, entitlement to benefits). Managerial employees may not exercise the right to self-organization under Book V (i.e. forming and joining unions, certification elections, collective bargaining)  A Managerial employee’s primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof and to other members of the managerial staff. A Managerial employee is one vested with powers and prerogative to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees. Supervisors are deemed members of the managerial staff, thus, not covered by the provisions of Book III. Supervisors are Not members of managerial staff, thus, they can exercise the right to self-organization. III.   Field Personnel -   Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.     
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x