LABOR STANDARDS ATTY. UNGOS
FINALS f. TITLE III
WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES CHAPTER 1 EMPLOYMENT OF WOMEN
ART. 130: NIGHTWORK PROHIBITION No woman, regardless of age, be employed/permitted or suffered to work with /without compensation: a. INDUSTRIAL ESTABLISHMENT – 10:00PM to 6:00 AM b. COMMERCIAL ESTABLISHMENT – 12:00 midnight to 6:00AM c. AGRICULTURAL UNDERTAKING – Nightime, unless given rest period of not less than 9 consective hours COVERAGE OF LAW Applies to all employers except: a. Government and GOCC b. Employers of household helpers and persons in the personal service, insofar as such workers are concerned ART. 131: EXCEPTIONS NIGHT WORK FOR FEMALE EMPLOYEES ALLOWED IN EXCEPTIONAL CASES: a. b. c. d.
Emergency Situation Urgent Repairs Urgent Work Managerial or Technical Employees – Female employee holds a responsible position e. Health and Welfare Employees
Peculiarity of Work – Nature of work requires the manual skill and dexterity of female workers g. Family Members h. Established Practice i. Analogous Cases ART. 132: FACILITIES FOR WOMEN EMPLOYERS MAY BE REQUIRED TO PROVIDE THE FOLLOWING FACILITIES TO FEMALE WORKERS: a. SEATS the can be used by female employees during break time or during working hours, if it will not affect their efficacy; b. Separate TOILET ROOMS, lavatories and a DRESSING ROOM for the exclusive use of female employees c. NURSERY d. 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. 133: MATERNITY LEAVE BENEFITS Employer shall grant to any pregnant woman employee Who has rendered service of at least 6 MONTHS for the last 12 months Maternity leave of at least 2 WEEKS PRIOR EXPECTED DATE OF DELIVERY Another 4 WEEKS AFTER NORMAL DELIVERY/ABORTION WITH FULL PAY based on her regular average weekly wages Employer may require upon application for maternity leave a medical certificated stating that delivery will probably take place within 2 WEEKS. The maternity leave shall be extended WITHOUT PAY on account of illness medically certified to arise out of pregnancy, delivery, abortion, miscarriage, which renders the woman unfit for work, UNLESS she has earned
LABOR STANDARDS ATTY. UNGOS unused leave credits from which such extended leave may be charged. Maternity leave be paid by employer only for the FIRST FOUR DELIVERIES by a woman employee after effectively of this code MATERNITY LEAVE BENEFIT NOW INTERGRATED INTO THE SSS Female member who has PAID AT LEAST 3 MONTHLY CONTRIBUTIONS in 12 month period immediately preceding the semester of his childbirth, abortion, or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days in case of caesarean delivery, to following conditions: a. Employee shall have notified her employer of her pregnancy and probable date of her childbirth which notice shall be transmitted to SSS b. Full payment shall be advanced by the employer within 30 days from filing of the maternity leave application c. Payment of daily maternity benefits shall be a bar to recovery of sickness benefits provided by this Act for the same period for which daily maternity benefits have been received d. Maternity benefits provided under this section be paid only for the 1st four deliveries or miscarriages e. SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof f. If an employee member should give birth or suffer miscarriage without the required contributions having
FINALS been remitted for her by her employer to the SSS , or without the latter having been previously notified by the employer of time of pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to PATERNITY LEAVE RA 8187, married male employees now entitled to paternity leave of 7 DAYS for the first 4 deliveries of the LEGITIMATE SPOUSE with whom he is COHABITING. CONDTIONS: a. Married male employee employed at time of delivery of his child b. Employee should notify his employer about pregnancy of his wife and her expected date of delivery as soon he learns that his wife is pregnant by submitting a Paternity Notification Form provided by employer with a copy of marriage contract / proof of marriage Notification requirement will not apply in cases of MISCARRIAGE or ABORTION c. Wife has given birth, suffer a miscarriage or an abortion Employee who availed paternity leave shall within reasonable time submit copy of the birth certificate of the newly-born child, death or medical certificate in case of abortion or miscarriage signed by physician or midwife showing actual date of child birth. Paternity leave not convertible to cash Can be availed of before, during or after the delivery by his wife but not later than 60 days after date of delivery PARENTAL LEAVE FOR SOLO PARENTS
LABOR STANDARDS ATTY. UNGOS Solo parents are entitled to a noncumulative parental leave of 7 working days. Enable solo parents to perform parental duties and responsibilities where his or her physical presence is needed Can be availed under following conditions: a. Solo parent rendered at least 1 year service whether continuous or broken b. Notify employer within reasonable period of time c. Must present his Solo Identification Card to employer ART. 134: FAMILY PLANNING SERVICES; INCENTIVES FOR FAMILY PLANNING a. Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services for employees. Shall include but not limited to, application or use of contraceptive pills and intra-uterine devices. b. DOLE shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise. COVERAGE OF THE LAW Applies to all establishments which habitually employ at least 200 employees at any given period within a year. Branches or sub-offices are considered as part of the main office provided located within commutable distance from the main office. IN-PLANT FAMILY PLANNING REQUIREMENT All covered establishments are required to have the following: a. A functional Labor-Management Coordinating Committee to be composed of 2 or 3 representatives each from the management sectors
FINALS b. In-plant family planning program suitable to meet the needs of employees c. A clinic equipped with additional instruments for family planning services. FAMILY PLANNING SERVICE DELIVERY Establishments exempted from putting up emergency hospitals shall maintain a family planning clinic in the workplace, unless establishment has contact with a hospital which can adequately provide the minimum clinic requirements. Clinic should have part-time physician who should render service not less than 2 hours for at least 5 days a week If clinic staff not yet competent or has not undergone required training, employee may be referred to other family planning clinics or hospitals. ART.135: DISCRIMINATION PROHIBITED Shall be unlawful for any employer to discriminate any woman employee with respect to terms and conditions of employment solely on account of her sex THE FOLLOWING ARE ACTS OF DISCRIMINATION: a. Payment of lesser compensation to female employee as against a male employee for work of equal value b. Favouring of male employee over female with respect to promotion, training opportunities solely on account of their sexes Criminal liability for the wilful commission of any unlawful acts as provided in this article. Shall be penalized as provided in Article 288 and 289 of this code. Provided, the institution of criminal action under this provision shall not bar the aggrieved party from filing an entirely separate and distinct action for money claims. Action hereby authorized shall proceed independently of each other
LABOR STANDARDS ATTY. UNGOS EQUALITY OF EMPLOYMENT OPPORTUNITIES FOR WOMEN Provide equal employment opportunities for all and ensure fundamental equality before the law of women and men. Law makes it criminal offense to discriminate any woman employee ART.136: STIPULATION AGAINST MARRIAGE Shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married or to stipulate that upon getting married, a woman employee shall be deemed resigned or separated or otherwise prejudice a woman employee merely by reason of her marriage. PROHIBITED ACTS UNDER ARTICLE 136 OF THE LABOR CODE a. Requiring as a condition of employment that female shall not get married b. Requiring a female employee to resign upon getting married c. Dismissing or discriminating against a female employee because of her marriage Violation of this provision is a criminal offense
PT&T Co. vs NLRC FACTS: GDG was hired by PT&T as its employee. In the job application furnished to her to be filled up, she indicated in the portion of the civil status that she was single despite the fact that she had contracted marriage a few months earlier. When PT&T learned the GDG was in fact married, after directing her to explain, she was dismissed from employment because of company policy of not accepting married women HELD: The policy of PT&T runs afoul of the test of right against discrimination, afforded al
FINALS women workers by our labor laws and the Constitution. The danger of just such a policy against marriage followed up by PT&T is that it strikes at the very essence, ideals and purpose of marriage as an inviolable social institution and, ultimately, of the family as the foundation of the nation. ART. 137: PROHIBITED ACTS a. Dismissing a female employee for the purpose of preventing her from enjoying the maternity leave benefit and other benefits or facilities provide under LC b. Dismissing female employee on account of her pregnancy, or while on leave or in confinement due to her pregnancy c. Refusing admission of a female employee upon returning to her work for fear the she may again be pregnant ART. 138: CLASSIFICATION OF CERTAIN WOMEN WORKERS Any woman who is permitted or suffered to work, w/ or w/o compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishment, shall be considered as an employee of such establishment for purposes of labor and social legislation. STATUS OF FEMALE WORKERS IN ENTERTAINMENT PLACES Deemed employees if they have worked therein for a substantial period of time under the effective control or supervision of the employer. CHAPTER 2 EMPLOYMENT OF MINORS ART. 139: MINIMUM EMPLOYABLE AGE **Superseded by R.A. No. 7610** MINIMUM AGE FOR EMPLOYMENT General Rule: A person can be engaged for employment only when he is 15 years old.
LABOR STANDARDS ATTY. UNGOS EMPLOYMENT OF CHILDREN BELOW 15 YEARS OLD Children below 15 years old can be employed only in 2 instances: 1. When child works directly under sole responsibility of his parents or legal guardian and only members of his family are employed therein provided: a. Employment of child neither endangers his life, safety, health and morals, nor impairs his normal development b. His parent or legal guardian provides said child with prescribed primary and/or secondary education 2. When child’s employment or participation in public and entertainment or information through cinema, theatre, radio or television is essential, provided that: a. Employment contract is concluded by the child’s parent or guardian with the express agreement of the child b. Ff. requirements in all instances are strictly complied with: i. Employer shall ensure protection, safety, morals and normal development of child ii. Employer shall institute measures to prevent the child’s exploitation or discrimination In above-exceptional cases, the employer shall first secure a work permit from DOLE before engaging such child HOURS OF WORK OF WORKING CHILD 1. Children below 15 yrs. Old – not more than 4 hours/ day but not more than 20 hours a week 2. Children 15 yrs. Old but below 18 yrs. Old. – allowed to work not more than 8
FINALS hours/day but not more than 40 hours / week. NIGHT WORK PROHIBITION FOR CHILDREN 1. Children below 15 years old – cannot work from 8:00PM – 6:00 AM 2. Children 15 years old but below 18 years old – cannot work from 10:00PM to 6:00AM PROHIBITON AGAINST WORST FORMS OF CHILD LABOR Worst forms of child labor shall refer to any of the following: (1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or 2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or (3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or (4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or c) Is performed underground, underwater or at dangerous heights; or d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or
LABOR STANDARDS ATTY. UNGOS g) Is performed under particularly difficult conditions; or h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or i) Involves the manufacture or handling of explosives and other pyrotechnic products.
PROHIBITION AGAINST EMPLOYMENT IN CERTAIN ADVERTISMENT No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography ART. 140: PROHIBITION AGAINST CHILD DISCRIMINATION Minors are entitled to the same benefits, terms and conditions of employment as any other kind of employee similarly situated. An employer cannot discriminate against an employee simple because he is a minor CHAPTER 3 EMPLOYMENT OF HOUSEHELPERS ART.141: COVERAGE Shall apply to all persons rendering services for compensation DOMESTIC OR HOUSEHOLD SERVICE – Means services in the employer’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 the employer’s household, including services of family drivers HOUSEHELPER – Any person, male or female, who renders service in and about the employer’s home on a job that is usually necessary or desirable for the maintenance and enjoyment thereof and ministers exclusively to
FINALS the personal comfort and convenience of the employer’s family. Ex. Family drivers, gardeners, cooks and nursemaid To be considered a house helper, should be hired specifically to perform household work. In absence of specific engagement, cannot be considered as house helper. **children/relatives of a house helper who live under employer’s roof and same accommodation cannot be considered as house helpers if they were not engaged as such and not required to perform any substantial household work. APEX MINING CO. vs NLRC FACTS: SC was employed by Apex Mining to perform laundry service at its staff house. While attending to her task, she accidentally slipped and as a result of the accident, she was not able to continue with her work. She was permitted to go on leave for medication. Thereafter, she was not allowed to return to work. SC filed a complaint for illegal dismissal against Apex Mining; the main defence by Apex is that SC was not a regular employee but mere house helper. HELD: SC not a house helper but a regular employee of Apex. The nature of work By SC as laundrywoman is similar to the work of a house helper; still she could not be classified as a house helper because she was not working for a family but for a corporation. Mere fact the SC is working within the premises of Apex warrants conclusion that SC should be considered as a regular employee.
BARCENAS vs NLRC FACTS: B was hired by Manila Buddhist Temple as secretary and interpreter. B’s position required her to receive and assist Chinese visitors of the temple, act as tourist guide for foreign Chinese visitors, attend to the callers of the Head Monk as well as to the food for the temple visitors, run errands for Head Monk such as paying Meralco, PLDR, MWSS bills and act as liaison. After death of the Head Monk, B’s monthly allowance was discontinued and she was forcibly evicted from her quarters in the temple. B filed complaint for illegal dismissal; Manila Buddhist Temple claimed B was not its employee but a servant who confined herself to the personal needs of the Head Monk. HELD: B is not a domestic servant but a regular employee of the Temple. The work of B cannot be categorized as
LABOR STANDARDS ATTY. UNGOS mere domestic work but were essential and important to the operation and religious functions of the temple.
ART. 142: CONTRACT OF DOMESTIC SERVICE Original contract of domestic service shall not last for more than 2 years but may be renewed for such periods as may be agreed upon by the parties. NON-COMPLIANCE OF STIPULATED PERIOD – If house helper fails to comply without justifiable reason, he shall forfeit any unpaid salary due him not exceeding 15 days. If employer fails to comply with stipulated period without justifiable reason, shall pay house helper an indemnity equivalent to 15 days’ pay. ART.143: MINIMUM WAGE 1.
800 Pesos / Month – house helpers in Manila, Quezon, Pasay, Caloocan, Makati, Mandaluyong, Paranaque, Muntinlupa, Navotas, Malabon, Paranaque, Las Pinas ,Pasig, Marikina in METRO MANILA AND IN HIGHLY URBANIZED CITIES. 2. 650 Pesos / Month – Other chartered cities and first class municipalities 3. 550 Pesos / Month – Other municipalities PROVIDED! Employers shall review employment contracts of house helpers every 3 YEARS with the end of improving terms and conditions thereof. PROVIDED FURTHER! House helpers who are receiving at least 1000 Pesos shall be covered by SSS. Principle: House hold service shall always be reasonably compensated Such compensation shall be IN ADDITION to the house helper’s lodging, food, and medical attendance. SACNTIONS FOR VIOLATION – Imprisonment of not more than 3 months or fine not more than 2000 PESOS or both
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TIME AND MANNER OF PAYMENT Paid directly to the house helper at least once a month. No deduction shall be made, unless authorized by law or by house helper himself. EQUIVALENT DAILY RATE By multiplying the applicable minimum monthly rate by 12 months divided by 365 days PIECE OR OUTPUT RATES The piece or output rates shall be such as will assure the house helper of the minimum monthly or equivalent daily rate. ART. 144: MINIMUM CASH WAGE Minimum wage rates prescribed under this chapter shall be the basic cash wages which shall be paid IN ADDITION to lodging, food, and medical attendance. Lodging, food, and medical attendance – provided for free by the employer ART. 145: ASSIGNMENT TO NON-HOUSEHOLD WORK No house holder shall be assigned to work in a commercial, industrial, or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural worker as prescribed therein. Prohibited is not the assignment to non-household work but payment of wage lower than those prescribed for non-household work, in case the house helper is assigned to do such job. ART.146: OPPORTUNITY FOR EDUCATION If house helper under age of 18 years, employer shall give him or her opportunity for at least elementary education. The cost of such education shall be part of the house helper’s
LABOR STANDARDS ATTY. UNGOS compensation, unless there stipulation to the contrary.
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ART. 147: TREATMENT OF HOUSEHELPERS Treat house helper in a just and humane manner. In no case shall physical violence be used upon the house helper WORKING HOURS Shall not be required to work MORE THAN 10 HOURS A DAY. Every house help shall be allowed 4 DAYS vacation each month with pay. ART.148: BOARD, LODGING AND MEDICAL ATTENDANCE Employer shall furnish free of charge SCOPE OF MEDICAL ATTENDANCE – Limited to medical treatment for ailments contracted by the house helper while in the service of the employer. Hospitalization not included. HOUSE HELPER CLOTHES – Subject to stipulation. Any contract for household service shall be void if thereby the house helper cannot afford to acquire suitable clothing. FUNERAL EXPENSE – Employer shall bear the funeral expenses commensurate to the standard of life of the deceased. DISPOSITION OF THE HOUSE HELPER’S BODY – Unless so desired by the house helper or by his or her guardian with court approval, the transfer or use of the body of the deceased house helper for purposes other than burial is prohibited ART. 149: INDEMNITY FOR UNJUST TERMINATION If the period of household service is fixed, neither employer/employee may terminate the contract before expiration of the term, except for just cause.
If house helper unjustly dismissed –shall be paid the compensation already earned plus that for 15 days by way of indemnity IF house helper leaves without justifiable reason – he shall forfeit any unpaid salary due him not exceeding 15 days. ART. 150: SERVICE OF TERMINATION NOTICE If duration of household service is not determined either in stipulation or by nature of the service, the employer or the house helper may give notice to put an end to the relationship 5 DAYS before the intended termination of the service ART. 151: EMPLOYMENT CERTIFICATION Upon severance of the house hold service relation the employer shall give the house helper a written statement of the nature and duration of the service and his or her efficiency and conduct as house helper ART. 152: EMPLOYMENT RECORDS The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his house helper, which the latter shall authenticate by signature or thumb mark upon request of employee for greater efficacy. CHAPTER 4 EMPLOYMENT OF HOME WORKERS ART. 153: REGULATION OF INDUSTRIAL HOMEWORKERS Employment of industrial homeworkers and field personnel shall be regulated by the Government through appropriate regulations issued by Secretary of Labor to ensure general welfare and protection of homeworkers and field personnel and industries employing them.
LABOR STANDARDS ATTY. UNGOS INDUSTRIAL HOMEWORK – System of production under which work for an employer or contractor is carried out by a homeworker at his home. Materials may or may not be furnished by the employer or contractor. There is ordinarily very little supervision or regulation for methods of work. LIMITATION Homework is not allowed in the manufacture or processing of: a. Explosives, fireworks and similar articles b. Drugs and poisons c. Other articles, the processing of which requires exposure to toxic substances. RIGHT OF HOMEWORKERS TO SELFORGANIZATION Homeworkers have right to form, assist or join organization of their own choosing in accordance with law. Has right to bargain collectively, to own property, to sue and be sued. PAYMENT OF HOMEWORKERS Upon receipt of the finished goods or articles, employer shall pay the homeworker or the contractor or subcontractor, for the work performed less corresponding homeworkers’ share of SSS, Medicare, and ECC premium contribution which shall be remitted by the contractor/ sub-contractor to the SSS with the employer’s share. CONDITIONS FOR PAYMENT OF WORK a. Employer may require homeworker to redo work improperly executed without having to pay stipulated rate again. b. Employer, contractor, sub-contractor need not pay the home worker for any work done which have been returned for reasons attributable to the fault of the homeworker. STANDARD RATES – Established by Sec. of Labor or authorized representatives
FINALS The standard output rates or piece rates shall be determined through any of the following procedures: a. Time and motion studies b. An individual / collective agreement between the employer and its workers as approved by the Secretary or his authorized representative c. Consultation with representative of employers and workers organizations in a tripartite conference called by the secretary Time and motion studies shall be undertaken by the Regional Office having jurisdiction over the location of the premise/s used The standard piece rate shall be issued by the Regional Office within one month after a request has been made at said office. DEDUCTION No employer, contractor, subcontractor shall make any deduction for the value of materials which have been lost, destroyed, soiled or otherwise damaged unless the ff. are met: a. Homeworker is clearly shown to be responsible for loss or damage; b. Employee is given reasonable opportunity to show cause why deductions should not be made; c. Amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; d. Deduction is made at such rate not exceed 20% of the homeworker’s earning in a week. ENFORCEMENT POWER Regional Director shall have the power to order and administer compliance with the provisions of the law Complaints for violation of labor standards involving money claims of homeworkers in amount NOT MORE THAN P5,000 per homeworkers shall be heard and decided by Regional Director
LABOR STANDARDS ATTY. UNGOS Cases money claims due a homeworker exceed P5,000 the same shall be endorsed to the appropriate Regional Arbitration Branch of NLRC. ART.155: DISTRIBUTION OF HOMEWORK For purposes of this Chapter, the "employer" of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: 1. Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or 2. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person. Agents of Foreign Principals – Considered employers under this article CONTRACTOR OR SUB-CONTRACTOR – Any person who, for the account or benefit of an employer, delivers or causes to be delivered to a homeworker goods or articles to be processed in or about his home and thereafter to be returned, disposed of or distributed in accordance with the direction of the employer Whenever employer contracts with another for the performance of the employer’s work, the employer is duty bound to provide in the contract that the employees or homeworkers of contractors shall be paid in accordance with law. If the contractor or subcontractor fails to pay wages or earnings of his employees the employer shall be jointly and severally liable to
FINALS the extent of the work performed under the contract The employer, contractor, subcontractor shall also assist the homeworkers in the maintenance of basic and healthful working conditions at the homeworker’s place of work. BOOK FOUR HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS TITLE 1 MEDICAL, DENTAL AND OCCUPATIONAL SAFETY CHAPTER 1 MEDICAL AND DENTAL SERVICES ART.156: FIRST AID TREATMENT Every employer shall keep in his establishment such first aid medicines and equipment as the nature and conditions of work may require Employer shall take steps for the training of a sufficient number of employees in first-aid treatment. FIRST-AID TREATMENT – Adequate, immediate and necessary medical and dental attention or remedy given in case of injury or sudden illness suffered by a worker during employment, irrespective of WON such injury or illness is work-connected, before more extensive medical and/or dental treatment can be secured. **Does not include treatment or follow-up treatment for any injury or illness. SCOPE OF LAW Obligation to keep first aid medicines applies to all employers, regardless of the number of employees they employ List of medicines may be obtained from Bureau of Working Conditions of the DOLE
LABOR STANDARDS ATTY. UNGOS ART.157: EMERGENCY AND MEDICAL AND DENTAL SERVICES THE REQUIRED MEDICAL AND DENTAL SERVICES The kind of medical and dental services and facilities depends upon the number of employees and the nature of the workplace. 1. 10 TO 50 WORKERS Graduate first aider 2. 51 TO 200 WORKERS FULL-TIME REGISTERED NURSE ** A full-time first aider will suffice if the workplace is non-hazardous and a nurse is not available** 3. 201 TO 300 WORKERS Full-time registered nurse Part-time physician Part-time dentist Emergency clinic ** An emergency clinic shall be provided regardless of the nature of the undertaking** OVER 300 WORKERS: a. HAZARDOUS WORKPLACE Full-time registered nurse Full-time physician Full-time dentist Dental Clinic Infirmary or emergency hospital with 1 bed capacity for every 100 workers b. NON-HAZARDOUS WORKPLACE Full-time registered nurse Part time physician Part-time dentist ** In all workplace where there are MORE THAN 1 WORKSHIFT IN A DAY, employer shall, in addition to aforesaid requirements, provide the services of a FULL-TIME FIRST-AIDER for each work shift ** CONCEPT OF PART-TIME SERVICE Contemplates at least 2 HOURS stay in the premises in a day
FINALS If establishment has more than 1 workshift a day, 2-HOUR STAY BE DEVOTED TO WORKSHIFT THAT HAS BIGGEST NUMBER OF WORKERS, subject, however, to call at any time during the other workshifts in case of emergency. CONCEPT OF FULL-TIME SERVICE At least 8 HOURS STAY in the premises in a day. If more than 1 workshift a day, 8-HOUR STAY BE DEVOTED TO WORKSHIFT THAT HAS BIGGEST NUMBER OF WORKERS, subject, however, to call at any time during the other workshifts in case of emergency. THE FOLLOWING WORKPLACES CONSIDERED HAZARDOUS:
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(a) Where the nature of the work exposes the workers to dangerous environmental elements, contaminations or work conditions including ionizing radiations, chemicals, fire, flammable substances, noxious components and the like. (b) Where the workers are engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming. (c) Where the workers are engaged in the manufacture or handling of explosives and other pyrotechnic products. (d) Where the workers use or are exposed to heavy or power-driven machinery or equipment. (e) Where the workers use or are exposed to power-driven tools. ART. 158: WHEN EMERGENCY HOSPITAL NOT REQUIRED
LABOR STANDARDS ATTY. UNGOS AN EMPLOYER NEED NOT PUT UP AN EMERGENCY HOSPITAL OR DENTAL CLINIC IN THE WORKPLACE IF: a. There is hospital or dental clinic located not more than 5 KILOMETERS away from workplace in an URBAN AREA OR Can be reached by motor vehicle in 25 MINUTES TRAVEL if situated in RURAL AREA b. Employer has facilities readily available for transporting a worker to the hospital or clinic in case of emergency c. Employer has a written contract with the hospital or dental clinic for the use thereof in the treatment of workers in case of emergency ** This however, does not relieve an employer from maintaining an emergency treatment room. ART.159: HEALTH PROGRAM The physician engaged by an employer shall, in addition to his duties under this chapter, develop and implement comprehensive occupational health program for the benefit of the employees of his employer OBJECTIVES OF AN OCCUPATIONAL HEALTH PROGRAM a. To assess the worker’s physical, emotional and psychological assets to facilitate his proper placement and ensure suitability according to their physical capacities b. To protect employees against health hazards. To prevent occupational as well as non-occupational diseases c. Provide for first aid, emergency services and treatment d. Assure adequate medical care of ill and injured workers e. Encourage personal health maintenance and physical fitness and proper nutrition practices
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Provide guidance, information and service for family planning programs
THE HEALTH PROGRAM SHALL INCLUDE THE FOLLOWING ACTIVITIES a. Maintenance of a healthful work environment b. Health examinations specifically: entrance examination, periodic, special, transfer, separation examination c. Diagnosis and treatment of all injuries d. Immunization programs e. Keeping accurate and complete medical records f. Health education and counselling for habits of cleanliness, orderliness, safe work practices, use and maintenance of available personal protective clothing and devices g. Nutrition program DUTIES OF COMPANY PHYSICIAN a. Pre-employment medical examination free of charge for proper selection and placement of workers b. Annual physical examination for workers c. Collaborate closely with the safety and technical personnel of the establishment to assure selection and placement of workers d. Develop and implement a comprehensive occupational health and safety program e. Conduct studies on occupational health f. Prevent diseases or injury in the workplace g. Conserve the health of the workers through physical examinations, proper advice for placement and health education h. Provide medical and surgical care to restore health and earning capacity of injured workers i. Maintain and analyse records of all medical cases j. Continually monitor the work environment for health hazards
LABOR STANDARDS ATTY. UNGOS k. Act as adviser to management and labor on health matters l. Report directly to top management DUTIES OF THE COMPANY NURSE a. Organize and administer a health service program b. Provide nursing care c. Participate in health maintenance examinations d. Participate in the maintenance of occupational safety and health by giving suggestions e. Maintain a reporting and records system DUTIES OF THE COMPANY DENTIST In accordance with the standards prescribed by the Bureau of Dental Health Services of the DOH DUTIES OF THE COMPANY FIRST AIDER Give immediate temporary treatment before the services of a physician become available. If the case needs a physician, the first aider shall immediately call or refer the injured to one. DUTIES OF EMPLOYER Establish in his workplace, occupational health services to provide a healthful place of work. Adopt a comprehensive occupational health program for his employees Enter into a contract with hospitals or dental clinics, if this is not available in workplace Maintain a health record of his program PHYSICAL EXAMINATION – All workers irrespective of age and sex shall undergo a complete and thorough physical examination, FREE OF CHARGE: a. Before entering employment for the 1st time;
FINALS b. Periodically as may be necessary on account of the conditions or risk involved in the work; c. When transferred or separated from employment; d. Injured or ill. Purpose is to determine the physical condition of the prospective employee at the time of hiring and to prevent the placement of a worker or a job where, through some physical or mental defects, he may be dangerous to his fellow workers or to property. Periodic annual medical examinations are conducted in order to follow-up previous findings, to allow early detection of occupational and nonoccupational diseases, and to determine the effect of exposure to health hazards. Special examinations may be required if there is undue exposure to health hazards, such as lead, mercury, hydrogen sulphide, sulphur dioxide, nitroglycerin, nitroglycol, and other similar substances. If worker returns to work, a return to work examination shall be conducted to detect if worker still contagious and to determine if the worker is fit to return to work. Workers hired for a specific job shall not be transferred to another work until they have been examined by the physician and certified that the transfer is medically advisable. Employers are obliged to maintain a record of all medical examinations, treatments and medical activities undertaken. ART. 160: QUALIFICATIONS OF HEALTH PERSONNEL The physicians, dentists and nurses employed by employers pursuant to this Chapter shall have the necessary training in industrial medicine and occupational safety and health.
LABOR STANDARDS ATTY. UNGOS QUALIFICATIONS OF FIRST AIDERS Able to read and write Have completed a course in first aid Duly certified by the Philippine National Red Cross or by any other organizations accredited. QUALIFICATIONS OF NURSE Must have passed the examinations given by the Board of examiners Licensed to practice nursing in the Philippines Preferably, with at least 50 hours of training in occupational nursing QUALIFICATIONS OF PHYSICIAN Passed the examinations Licensed to practice medicine in the Philippines A graduate of a training course in occupational medicine QUALIFICATIONS OF DENTIST Passed the examination Licensed to practice dentistry in the Philippines Completed a training course in Dental services
Where a number or workers in a hazardous workplace exceeds 2000, a higher degree of qualifications, such as diploma or master on Occupational Health or Industrial Health or its equivalent shall be required ART.161: ASSISTANCE OF EMPLOYER It shall be the duty of any employer to provide all the necessary assistance to ensure adequate and immediate medical and dental attendance and treatment to an injured or sick employee in case of emergency. CHAPTER 2 OCCUPATIONAL HEALTH AND SAFETY ART. 162: Secretary of Labor shall, by appropriate orders, set and enforce mandatory occupational safety and health standards to eliminate or reduce occupational safety and health standards in all workplaces and institute new, and update existing, programs to ensure
FINALS safety and healthful working conditions in all places of employment. Purpose: to protect every workingman against the dangers of injury, sickness or death through safe and healthful working conditions assuring the conservation of valuable manpower and the prevention of loss or damage to lives and properties, commitment for the total development of every worker as a complete human being. Coverage: Occupational safety and health standards set by the DOLE covers all establishments, workplaces, and other undertakings, including agricultural enterprises, whether for profit or not except to: a. Engaged in land, sea and air transportation, except their garages, dry-docks, hangars, maintenance and repair shops and offices b. Residential places exclusively devoted to dwelling purposes c. Activities of a lessee regarding safety of mining installations DUTY OF EMPLOYERS TO OBSERVE SAFETY AND HEALTH STANDARDS a. Keep and maintain his workplace free from work hazards that are causing or likely to cause physical harm to the workers of damage to property b. Give complete job safety instructions to all his workers and hazards to which the workers are exposed to and the steps to be taken in case of emergency c. Provide only approved devices and equipment in his workplace DUTY OF EMPLOYEES a. Cooperate in carrying out occupational safety and health standards b. Report to their supervisor any work hazard they may discover in their workplace c. Make proper use of all safeguards and safety devices furnished to them by their employer
LABOR STANDARDS ATTY. UNGOS SUSPENSION OF RULES Any part of the Occupational Safety and Health Standards may be temporarily suspended by the Secretary of Labor and Employment upon application by an employer for the following reasons: a. Unavailability of professional or technical personnel or materials and equipment needed to comply with the rule b. Necessary construction or alteration of the prescribed facilities cannot be completed on the effectivity date of the rule; c. If the employer is participating in experiments or studies approved or conducted by the Bureau of Working Conditions designed to demonstrate new techniques to safeguard the safety and health of workers. The suspension order shall not be in effect longer than the period needed by the employer to come into compliance with the rule, or one year, whichever is shorter, renewable for another year, subject to revocation or shortening by the Sec. of Labor and Employment, if such is warranted. VARIATION ORDER If there is practical difficulty or unnecessary hardship in complying with the requirements, the Sec. of Labor upon recommendation of the Regional Director, may issue an order allowing a variation in complying with such requirements A variation order shall stipulate the conditions under which the variation is permitted and shall be applicable and effective only to the particular employer and operations covered by the order. SAFETY COMMITTEE All establishments are required to have a Security Committee which should be
FINALS organized within 1 month from the date of the business starts operating and should reorganize every January of each year.
DUTIES OF THE SAFETY COMMITTEE (1) Plans and develops accident prevention programs for the establishment. (2) Directs the accident prevention efforts of the establishment in accordance with the safety programs safety performance and government regulations in order to prevent accidents from occurring in the workplace. (3) Conducts safety meetings at least once a month. (4) Reviews reports of inspection, accident investigations and implementation of program. (5) Submits reports to the manager on its meetings and activities. (6) Provides necessary assistance to government inspecting authorities in the proper conduct of their activities such as the enforcement of the provisions of this Standards. (7) Initiates and supervises safety training for employees. (8) Develops and maintains a disaster contingency plan and organizes such emergency service units as may be necessary to handle disaster situations pursuant to the emergency preparedness manual for establishments of the Office of Civil Defense.
TYPES OF COMMITTEES TYPE A – This is the type of safety committee in workplaces with a total workforce of over 400 workers. TYPE B – With total workforce of 201 to 400 workers TYPE C – 100-200 workers TYPE E (Joint Committee) – This is an organization of the safety committees of different establishments housed under one building OTHER TYPES OF SAFETY ORGANIZATION LINE TYPE – Form of organization wherein the general manager or head of the establishment
LABOR STANDARDS ATTY. UNGOS directs the safety programs and assumes overall responsibility for safety in the establishment. He in turn delegates the application of safety programs to plant personnel occupying line positions. STAFF TYPE - this is also known as the “safety engineer type”. It is composed of a line organization with specialized personnel employed to advise and assist management in all matters of safety. Said personnel are responsible to the top executive exercising staff functions. They serve all departments in an advisory capacity and supervise the application of the safety program in the workplace. The employer may establish the line or staff type of organization subject to the approval of the Secretary of Labor and Employment TERM OF OFFICE The chairman, physician or nurse and the secretary shall be permanent members of the Safety Committee. The term of office of the department head in the Safety committee shall be for 1 year. Types A and B safety Committees, term of the worker members shall be 2 years each. Types C, D and E safety committees, the term of worker-members shall be 1 year Type E, the term of office of the chairman and the members shall be 1 year. Membership in the joint committee shall be rotated among members of the safety committees in other establishments. THE SAFETY MAN – Principal function is to acts as the employer’s principal assistant and consultant in the application of the programs to remove the hazards from the workplace and to correct unsafe work practices.
FINALS REPORT OF ACCIDENTS OR OCCUPATIONAL ILLNESS Shall be reported by the employer to the Regional Labor Office or duly authorized representative in duplicate and a copy furnished the employee or his duly authorized representative using form MOL/BLS/HSD-IP-6. Investigation report shall be submitted to the employer on or before 20th day of the month ff. the date of occurrence of the accident/ illness is established. Formal report be submitted to the Regional Labor Office or authorized representative on or before the 30th day of the same month. In case of temporary total disability where the injured or ill employee has not reported back to duty on the closing date of reporting, an estimate of the probable days of disability shall be made and entered in the report and corrected after the return of the injured. Where the accident or illness results in death or permanent total disability, the employer, in addition to the required written report, shall initially notify the Regional Labor Office or duly authorized representative within 24 hours after occurrence using fastest means of communication. All deaths and permanent total disabilities shall be investigated by the Regional Labor Office within 48 HOURS after receipt of the initial report. THE FOLLOWING ARE CONSIDERED DANGEROUS OCCURRENCES:
AS
a. Explosion of boilers used for heating or power. b. Explosion of a receiver or storage container, with pressure greater than atmospheric, of any gas or gases (including air) or any liquid resulting from the compression of
LABOR STANDARDS ATTY. UNGOS
FINALS
such gases or liquid. c. Bursting of a revolving wheel, grinder stone or grinding wheel operated by mechanical power. d. Collapse of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods or any part thereof, the overturning of a crane, except the breakage of chain or rope sling. e. Explosion or fire causing damage to the structure of any room or place in which persons are employed or to any machine contained therein resulting in the complete suspension of ordinary work in such room or place, or stoppage of machinery or plant for not less than twenty four (24) hours, and f. Electrical short circuit or failure of electrical machinery, plant or apparatus, attended by explosion or fire causing structural damage thereto and involving its stoppage and misuse for not less than 24 hours.
jurisdiction thereof to form part of a data-bank of all covered establishments. Establishment which is the smallest economic activity under one single location shall be one registrable unit New establishments should register within 30 days before operation Free of charge and valid for the lifetime of the establishment except when any of the following conditions exists, which case, re-registration, as if it were a new establishment, is required: a. Change of business name b. Change in location c. Change in ownership d. Reopening after previous closing
PURPOSE OF REPORTING REQUIREMENTS – It is only for information purposes so that the Regional Labor Office can have the necessary data to be used in connection with the performance of its accident and illness prevention.
ARTICLE 163: RESEARCH It shall be the responsibility of the Department of Labor and Employment to conduct continuing studies and research to develop innovative methods, techniques and approaches for dealing with occupational safety and health problems; to discover latent diseases by establishing causal connections between diseases and work in environmental conditions; and to develop medical criteria which will assure insofar as practicable that no employee will suffer impairment or diminution in health, functional capacity, or life expectancy as a result of his work and working conditions.
RECORDS TO BE KEPT BY THE EMPLOYER The employer shall maintain and keep an accident or illness record which shall be open at all times for inspection to authorized personnel. a. Date of accident or illness b. Name of injured or ill employee, sex and age c. Occupation of injured or ill employee at the time of accident or illness d. Assigned causes of accident or illness e. Extent and nature of disability f. Period of disability g. Whether accident involved damage to materials, equipment or machinery h. Record of initial notice and/or report to the Regional Labor Office or authorized representative. REGISTRATION Employers are required to register their business with the Regional Labor office or authorized representative having
ART. 164: TRAINING PROGRAMS DOLE shall develop and implement training programs to increase the number and competence of personnel in the field of occupational safety and industrial health. TRAINING OF PERSONNEL IN SAFETY AND HEALTH Every employer shall take steps to train a sufficient number of his supervisors or technical personnel in occupational safety and health. An employer may observe the following:
LABOR STANDARDS ATTY. UNGOS IN NON-HAZARDOUS WORKPLACE
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OR
500-400 workers per shift – at least 1 of the supervisors or technical personnel shall be trained in occupational health and safety and shall be assigned as part-time safety man Over 400 workers per shift – at least 2 of its supervisors shall be trained and a full-time safety man shall be provided. IN HAZARDOUS WORKPLACE
ESTABLISHMENT
OR
20 to 200 workers per shift – at least 1 of its supervisors or technical personnel shall be trained and one of them shall work as part-time safety man. Over 200 workers per shift – at least 2 of its supervisors or technical personnel shall be trained and of them shall be appointed full-time safety man and secretary of the safety committee The employment of a full-time safety man may not be required if the employer enters into a written contract with a qualified consulting organization which shall develop and carry out his safety and health activities. ART. 165: ADMINISTRATION OF SAFETY AND HEALTH LAWS THE ENFORCEMENT OF SAFETY AND HEALTH LAWS The DOLE is solely responsible for the administration and enforcement of occupational safety and health laws in all workplace Chartered cities may be authorized by the Sec. of Labor to enforce it. TYPES OF INSPECTION
Technical Safety Inspection – this refers to inspection for the purpose of safety determination of boilers, pressure vessels, internal combustion engines, electrical installations, elevators, hoisting equipment and other mechanical equipment. General Safety Inspection – Inspection of work environment, including location and operation of machinery other than those covered by technical safety inspection, adequacy of work space, ventilation, lighting, conditions of work environment, handling etc.. FREQUENCY INSPECTION Every establishment or place of employment shall be inspected at least once a year. Special inspection may be authorized by the Regional Labor office: a. To investigate accidents, occupational illness b. Conduct surveys of working conditions c. Conduct investigation, inspections or follow-up inspections upon request of employer. d.
