Labor Law Review

Assignment 002 - 2020

1. Explain and provide all the exempted employees from the coverage of Art. 82 AND provide
the basis and reason for their exemptions AND provide illustrations for each.
1. Government employees, are generally excluded from the provisions of the Labor
Code of the Philippines, as amended, because their governing law is the Civil Service
Law. However, certain government employees that work for government bodies are
affected by the provisions of the Labor Code of the Philippines, as amended, those
whose charter provides that the latter law shall govern form part of these affected
government employees.

2. Managerial employees are not affected by the provisions of the Labor Code of the
Philippines, as amended, because they are distinct from ordinary employees. Their
primary functions are to:
a. Perform work directly related to management policies of their employer
b. Customarily and regularly exercise discretion and independent judgement
c. Regularly and directly assist the managerial employee whose primary duty
consists of the management of a department the establishment in which they are
employed
d. Execute, under general supervision, work along specialized or technical lines
requiring special training, experience, or knowledge
e. Execute, under general supervision, special assignments and tasks
f. Do not devote more than 20% of their hours worked in a work-week to
activities which are not directly and clearly related to the performance of their
work hereinbefore described.
3. Field personnel are excluded because they are to a greater extent allowed to work
individually. They have little to no restrictions respecting the time they are to work and he
can earn as much or as little, within the range of his ability, as his ambition dictates.
Hence, they are given a specific amount for rendering specific service or specific work.

4. Family members of the employer, who are dependent on him for support, are
exempted because the amount, nature, and time of work are not fixed. They are
dependent on the instruction of their employer-supporter-family member.

5. Domestic helpers are exempt because the amount, nature, and time of their work are
not fixed as the same are dependent on the instruction of their employer.

6. Persons in the personal service of another are exempt because the amount, nature,
and time of their work are not fixed as the same are dependent on the instruction of their
employer.

7. Workers who are paid by results are exempt because the amount, nature, and time of
their work are not fixed as the same are dependent on the instruction of their employer.
They may take as much or as little time to complete their work but they are paid the
 same amount either way. They may take as many or as little absences as they want but
they are still paid on the amount of work they actually completed.
2. Explain the principles in determining hours worked?
1. All hours are hours worked which the employee is required to give to his employer,
regardless of whether such hours are spent in productive labor or involves physical or
mental exertion.

2. An employee does need not to leave the premises of the workplace in order that his
rest period shall be counted, it is enough that he stops working, may rest completely,
and may leave his workplace, to go elsewhere, whether within the premises of his
workplace or not.

3. If the work performed was necessary, beneficial to the employer, or the employee
cannot abandon his work at the end of his normal working hours because he had no
replacement, all time spent for such work shall be considered as hours worked, if the
work was with the knowledge of his employer or his immediate supervisor.

4. The time during which an employee is inactive by reason of interruptions in his work
beyond his control shall be considered time worked either if the imminence of the
resumption of work requires the employee’s presence at the place of work or if the
interval is too brief to be utilized effectively and gainfully in the employee’s benefit.
3. What is SOCIAL JUSTICE?
Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces by the State so
that justice in its rational and objectively secular conception may at least be
approximated.
4. Explain how Social Justice is exemplified and relevant to labor laws.
Social Justice is utilized in crafting and implementing labor laws to, as much as possible,
enable the ordinary worker to perform his duties and responsibilities without fear of the
unjust removal of any of the benefits and privileges which enables him to live. It also
ensures that the employers never implement insufficient and/or inequitable work
standards and remuneration for their employees, whilst allowing them to rake in as much
profit as legally and morally permissible.
5. Explain the Principle of Co-Determination and its effects on employees.
It states that it is a joint responsibility of the employer and the employee to establish
terms and conditions of employment. In doing so they must take into consideration
existing laws and regulations. This principle allows employees and employers to negotiate
the terms and conditions of their employer-employee relationship, in so far as the
applicable labor laws and regulations in effect at the time of their negotiation permit or
prohibit the granting or diminution of certain rights and obligations. E.g. The parties may
agree to entertain a flexible work schedule so as to permit the employees to perform their
work with certain liberties.
6. Provide your insights with following concept: "Shrinking economic activity vs. Widening
Employment Inequality" Explain.
The former concept is based on the ongoing economic phenomenon wherein the
majority of economic activity of a country is being performed by a small elite group of
entrepreneurs. This is perpetuated directly or indirectly by the actions of these small elite
group. This tends to make it difficult for budding entrepreneurs or existing small-time
businesses to find a foothold and/or economically flourish, hence a shrinking of
economic activity. The latter on the other hand refers to another economic phenomenon
whereby minority groups, individuals seeking employment, and/or ordinary employees
are experiencing unfair treatment with regards to their employment or their attempts in
gaining employment. As these people, collectively, outnumber the small elite group of
employers, a “widening employment inequality” manifests.
7. What are the Seven (7) Cardinal Rights of Workers?
1. The right to self-organization
2. The right to collective bargaining and negotiate
3. The right to peaceful concerted activities, including the right to strike in accordance
with law
4. The right to security of tenure
5. The right to humane conditions of work
6. The right to a living wage
7. The right to participate in policy and decision-making processes affecting their rights
and benefits as may be provided by law.
8. Explain the following principles related to Labor Law:
a. No work No Pay Principle refers to the practice whereby employees are not given a
day’s worth of pay if they do not render a day’s worth of work.

b. Fair Days Wage For a Far Day’s Labor refers to the principle that employees who
perform a whole day’s worth of work must be remunerated with a whole’s day worth of
salary.

c. Last In, first Out Principle (LIFO RULE) refers to the situation where in between two or
more employees affected by a retrenchment program, the last one employed will be
the first to go. The preference given to seniority over the ones hired later are based on
the amount of work rendered by the former, as well as their loyalty to the employer, is
worth more than the latter.

d. One Union One Company Policy refers to the authority of only one union to negotiate
with the employer for fair labor standards. As a company may have several unions vying
for members, only one official union may in fact negotiate with the employer for a valid
and binding resolution.

e. Equal Pay for Equal Work Principle refers to the principle wherein employees who are
similarly situated in nature of work and tenure in the company must be given an equal
amount of pay. No preferential treatment must be given, unless for justifiable grounds.
 f. Management Prerogative refers to the privilege/duty of the management to enact
policies which may seem unfair to the ordinary workers but is ultimately
favorable/beneficial to the company.

g. Contractual Prerogative refers to the privilege/obligation established in an

employment contract which must be upheld by the party obligated to do so.
9. Explain the concept in labor law "NON DIMUNITION OF BENEFITS".
This concept dictates that while employers, of their own accord, may provide benefits or
privileges, not provided for by labor laws, to employees, the employer cannot, of their
own accord, withdraw the same or other benefits or privileges.
10. Provide the instances when an employee may be required to render overtime work?
According to Art. 89 of the Labor Code of the Philippines, as amended, employees may
be required to render overtime if:
1. The country is at war or when any other national or local emergency has been
declared by the National Assembly or the Chief Executive
2. It is necessary to prevent loss of life or property or in case of imminent danger to
public safety due to an actual or impending emergency in the locality caused by serious
accidents, dire, flood, typhoon, earthquake, epidemic, or other disaster or calamity
3. There is urgent work to be performed on machines, installations, or equipment in
order to avoid serious loss or damage to the employer or some other cause of similar
nature
4. The work is necessary to prevent loss or damage to perishable goods, or
5. The completion or continuation of the work started before the eight hour is necessary
to prevent serious obstruction or prejudice to the business or operations of the employer
11. Provide the recognized principles in compensating employees for work done on their rest
day, Holidays or on a Sunday?
As employees are granted rest days or holidays where they are allowed to rest free from
worry of any task required by their employers. They are likewise granted an additional
compensation for the risks to be undertaken by overworking/requiring said employees to
work on their designated rest days/holidays.
12. Explain the following terms, in relation to hours worked and if compensable; to wit:
a) Waiting Time refers to two distinct situations. The first is waiting to engage. This is the
occasion wherein the employees are idling by doing nothing productive for the benefit of
the company and for no justifiable reason. This includes situations such as a cashier
daydreaming while a customer is waiting for his purchases to be rung up. The second is
engaging to wait. This is the time which is inevitably consumed by employees in not
performing any tasks beneficial to the employer, but are not their fault. This includes
situations such as car mechanics waiting for customers to arrive at their shop to have
their vehicles repaired.

b) Subject to Call refers to a condition or status wherein an employee is permitted to

remain idle, and sometime free to leave the work premises, by the employer subject to
being summoned by the same for tasks to be performed. Such as on-call surgeons who
are erstwhile at home but paged/called by the hospital whenever patients require urgent
medical attention.

c) Brief Rest Periods are short periods of time wherein employees are not performing
any tasks beneficial to the employee and are in a matter of speaking their fault, but are
nonetheless permitted. Such as an office worker leaving his station to brew a cup of
coffee or to relieve himself in the comfort room.

d) Travel Time refers the period of time wherein employees are travelling from their
origin to a destination wherein they would perform work.

e) Lectures, Meetings, Training Programs - attendance there to are not considered hours
worked if attendance thereto are:
1. Outside the employee’s regular working hours
2. Voluntary, and
3. Not producing productive work to be performed by the employee
f) Necessary Work refers to such tasks or objectives that are required to be performed,
which are beneficial for the continued operations and/or growth of the employer’s
business.

g) Brownouts/Work Interruptions are compensable, according to the Supreme Court, if

they last less than an hour. If they last longer however, such must be indicated as
compensable in the workers’ collective bargaining agreement with the employer.
Otherwise,

h) Interruptions if not excessive, and due to the employee/s’ fault are compensable.
Interruptions are deemed excessive if they exceed an hour and even then, if such is
provided in the workers’ collective bargaining agreement, it is still compensable,
provided the latter requisite is present.

i) Meal Periods refer to the statutory provision whereby employees are granted not less
than 60 minutes to eat their lunch and/or recuperate in order to recover or conserve their
energy and/or productivity so as to perform satisfactorily for the rest of the work day. The
60-minute period may be shortened if:
1. Work to be done is non-manual or does not involve serious exertion
2. The establishment regularly operates not less than 16 hours a day
3. There is/are actual or impending emergency/ies or there is urgent work to be
performed on machineries, equipment, or installation to avoid serious loss which
the employer would otherwise suffer, and
4. Work is necessary to prevent serious loss of perishable goods.
j) Work day refers to the regular work period of not less than 8 hours, not including the
60 minutes of meal period, wherein the employees are required to physically report to
their work stations or designated work places to perform tasks beneficial to or necessary
 to the employer’s business.

k) Calendar day refers to a single week day wherein work can be performed.

l) Work Week refers to a period of 6 calendar days wherein work can be performed.

m) Reduction of eight-hour working day refers to the option conferred by law to

employees to suggest to the employer that their default 8 hour work day may instead be
reduced to any number of hours but due to such reduction they will add another day to
render work.

n) Shortening of work week refers to the option conferred by law to employees to

suggest to the employer that their default 6 day work week be shortened to any number
of days in exchange of increasing the amount of work hours per calendar day.

o) Hours of worked by part-time workers refers to the legal provision wherein the hours
of work shall not exceed 8 hours per day. As such, employers may allow part-time work
of less than 8 hours.

p) Hours of work of hospital and clinic personnel refers to the exemption granted to such
personnel for rendering hours of work in excess of 8 hours. Such should be illegal but
the law recognizes the inherent need for such personnel to render service especially if
emergencies occur. Furthermore, such an arrangement can only be had of the health
physician has such an agreement with his hospital.
13. State the recognized REGULAR HOLIDAYS in labor laws.
1. New Year’s Day
2. Maundy Thursday
3. Good Friday
4. Araw ng Kagitingan
5. Labor Day
6. Independence Day
7. National Heroes Day
8. Eidl Fitr
9. Eidl Adha
10. Bonifacio Day
11. Christmas Day
12. Rizal Day
13. The Day Designated for General Elections
14. Explain the difference and significance of a SPECIAL HOLIDAY from a REGULAR
HOLIDAY.
The principle of “No-Work, No-Pay” applies to special holidays whereas in regular
holidays they are not applied. Additionally, workers required to work on regular holidays
are given an additional pay of 30% and if said regular holiday falls on the workers’ rest
day an additional 50% pay is given instead. On special holidays no such additional pay
is given.
15. Explain the significance of A SPECIAL WORKING HOLIDAY from A SPECIAL NON-
WORKING HOLIDAY.
Special working holidays are holidays designated such by the Chief Executive or by
legislation to commemorate special events in the history of Filipinos. In said holidays
workers are still required to work. In special non-working holidays, the Chief Executive or
laws provide that working is not required.