Labor Law Review

business enterprise with respect to the ends sought to be accomplished.

LABOR LAW REVIEW SY 2012-2013 Lecture of Atty. Ungos Cheska Bautista

2.

Four-fold test (Viana vs. Al-Lagadan) a. Selection and engagement of the employee b. payment of wages c. power of dismissal d. power to control the employee’s conduct



most important is the control test. Under this, the relationship of employer-employee is deemed to exist where the person for whom the services are performed reserves the right to control not only the end to be achieved but also the means to be used in reaching such end. It is important to know the relationship so you know where to file the case or if you are the respondent, so you know when to ask for the dismissal of the case. Labor code – principal repository of labor laws.

Labor Law – is that branch of law that governs and regulates the relationship between employers and employees Labor Standards – prescribes the minimum requirements for wages, hours of work, cost of living allowances and other monetary and welfare benefits, including occupational safety and health standards Labor Relations – regulates the activities of labor organizations and prescribes the procedures on collective bargaining and the modes and machineries for the settlement of labor disputes. Social Legislation – those statutes enacted to promote the interests of labor and those enacted for the protection and welfare of employees. Constitutional Basis of Labor Law and Social Legislation State Policy Labor State Policy on Social Justice State Policy on Agrarian Reform State Policy on Women Article 6. Applicability. All rights and benefits granted to workers under this Code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or non-agricultural. (As amended by Presidential Decree No. 570-A, November 1, 1974) If the relationship is not of employer – employee then ordinary laws of civil law apply. Tests to check for Employer – Employee Relationship 1. Economic facts of the relation test (Sunripe Coconut Products vs. CIR) When a worker possesses some attributes of an employee and others of an independent contractor which make him fall within an intermediate area, he may be classified under the category of an employee when the economic facts of the relation make it more nearly one of employment than one of independent

 

Two Clauses of Article 6: 1. Coverage clause: “apply alike to all workers” o Labor Code – Private sector workers, GOCCs organized under the Corporation Code o Civil Service Law – Government workers, GOCCs created by a special charter 2. -

Exclusionary Clause: “Except as may otherwise be provided herein” Certain rights and benefits under the Labor Code are expressly made inapplicable to certain types of employees o Right to self-organization for purposes of collective bargaining – not available to managerial employees. o Benefits granted under Title I, Book Three (hours of work, etc.) – not available to those enumerated under Art. 82. o Provisions of Title II, Book 3 regarding wages – inapplicable to those enumerated under Art. 98. o Retirement benefit under Article 287 – inapplicable to employees in retail, service and

1

agricultural establishments or operations employing not more than 10 workers. Classifications of Employees:  According to rank: a. Managerial – those vested with powers to lay down policies b. Supervisory - power to effectively recommend policies c. Rank and File - neither managerial nor supervisory -



Necessary to know for their eligibility to form labor associations and for disciplinary cases o Eligibility : managerial can’t form labor associations while supervisory can but can’t join the union of rank and file o Degree of Culpability: for managerial and supervisory employees, stricter norms or standards or higher degree of proof is necessary to prove culpability. According to nature of nature of engagement Significant to determine tenure a. Regular – those who perform activities necessary and desirable to the business or trade of the employer  Has security of tenure b. Non- Regular – project, seasonal, fixed term & probationary employees  Usually necessary and desirable to the business of the employer with limited tenure c. Casual – the activities performed are not usually necessary to the business or trade of the employer  Cant be dismissed within 1 year of service.

Statutory Benefits: 1. Minimum Wage – Art. 99 - Regional Tripartite Wages and Wages Productivity Board 2. Overtime Pay – Art. 87 – 25% regular / 30% holiday; rest day 3. Night shift differential – Art. 86 – 10%

4. Premium pay – Art. 93 – additional pay for working on special holidays : 30% / 50% 5. Holiday Pay – Art. 94 - 100% 6. Separation Pay – in case of redundancy, retrenchment or when a final judgment cant be executed due to supervening events 7. Retirement Pay – Art. 287 – 22.5 days 8. Share in Service Charges - Art. 96 – hotels and restaurants 9. Paternity leave – RA 8187 – 7 days 10. Parental Leave for Solo Parents – RA 8972 – 7 days 11. Maternity Leave – RA 1161 – 60 days normal / 78 days cesarean 12. Leave for Victims under RA 9262 – 10 days when victim undergoes surgery or handles the legal issues 13. Worker’s Employment: o Medical benefit o SSS – RA 1161 o Philhealth o Pag-ibig o Funeral benefits Recruitment and Placement Essential : offer or promise of employment Without offer or promise of employment, there is no recruitment being done. Number of persons not an essential element – there can be illegal recruitment even though there is only one person being recruited. Article 16. Private recruitment. Except as provided in Chapter II of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of workers. Article 25. Private sector participation in the recruitment and placement of workers. Pursuant to national development objectives and in order to harness and maximize the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of workers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of Labor. Who can engage? GR: only public employment offices (Art. 16)

2

Exception: Art. 25 grants private sector authority to recruit but they are limited to : Private recruitment entities Private employment agencies Shipping and manning agencies All those allowed by DOLE  POEA – allows recruitment from government to government

4.

Article 27. Citizenship requirement. Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers, locally or overseas. Who are qualified? Only Filipino citizens or partnerships, corporations with 75% of authorized and voting capital stock owned and controlled by Filipino citizens Must have at least P200,000.00 for single proprietorships and partnerships and P500,000.00 as necessary capitalization for corporations (recruitment agency for local employment) Recruitment Agency – should have license and authority to engage in recruitment License is valid all over the Philippines for a period of 2 years from issuance 

Recruitment Agencies of Local Employment – can engage only through agencies that are duly authorized and registered in DOLE.

Article 26. Travel agencies prohibited to recruit. Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not Persons Disqualified from Engaging in Overseas Recruitment: 1. Travel agencies and sales agencies of airline companies 2. Officers or members of the Board of any corporation or members of a partnership engaged in the business of a travel agency 3. Corporations and partnerships, when any of its officers, board members or partners is also an officer, board

5.

6.

member or partner of a corporation engaged in the business of a travel agency; Persons, partnerships or corporations which have derogatory records a. Those certified to have derogatory record or information by the National Bureau of Investigation or by the Anti-Illegal Recruitment Branch of the POEA b. Those against whom probable cause or prima facie finding guilt for illegal recruitment or other related cases exists. c. Those convicted for illegal recruitment or other related cases and or crimes involving moral turpitude d. Those agencies whose licenses have been previously revoked or cancelled by the POEA for violation of RA 8042, PD 442 as amended and their implementing rules and regulations Any official or employee of the DOLE, POEA, OWWA, DFA and other government agencies directly involved in the implementation of RA 8042 and or their relatives within the fourth degree of consanguinity or affinity Persons, partners, officers and directors of corporations whose license has been previously cancelled or revoked fro violation of recruitment laws.

Can a Foreign Employer directly hire people from the Philippines as overseas workers? GR: No. Exceptions: Members of the diplomatic corps International organizations Other employers who may be allowed by the Secretary of Labor and Employment to directly hire their workers Can a Filipino worker directly apply for work with a Foreign Employer? YES. Name hire – a worker who is able to secure an overseas employment on his own without the assistance or participation of any agency. The name hire still has to register with the POEA and submit necessary documents

3



The duration of license for overseas land-based employment is valid for 4 years from the date of issuance, and only within the place specified in the license.

If an overseas worker is unjustly dismissed, where do you file the complaint? NLRC Reliefs available to illegally dismissed overseas worker: 1. Full reimbursement of placement fee 2. Salaries for unexpired portion of contract Section 10. Of the Migrant Worker’s Act is unconstitutional. ( “in case of termination of overseas employment without just, valid, or authorized cause as defined by law or contract, the worker shall be entitled to the full reimbursement of his placement fee plus his salaries for the unexpired portion of his employment contract or for 3 months for every year of the unexpired portion, whichever is less.”) (Serrano vs. Gallant maritime services, inc, G.R. No. 167614, March 24, 2009)  

Recruitment agencies are jointly and severally liable for claims filed by their worker. If unjustly dismissed and overseas worker was not paid his salaries, he can claim directly from the overseas agency.

Article 31. Bonds. All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate.  



Recruitment agencies have to post a bond The bond is intended to secure all valid and legal claims arising from a violation of the conditions of the grant and use of the license, accreditation and contracts of employment. Claims arising from civil obligations cannot be satisfied from the bond.

Recruitment Activities – refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers. It

includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. Article 38. Illegal recruitment. Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints under this Article. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group. The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so. (last paragraph declared unconstitutional in Salazar vs. Achacoso, 183 scra 145) Two types of illegal recruitment: 1.

When a person is not a holder of a license or permit to recruit

4

2.

When a person commits any of the prohibited practices enumerated in Art. 34 of the Labor Code ( in case of local employment) or those enumerated in Section 6 of the Migrant Workers Act of 1995 ( in case of overseas employment)

Article 34. Prohibited practices. It shall be unlawful for any individual, entity, licensee, or holder of authority: 3.

4.

To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; To furnish or publish any false notice or information or document in relation to recruitment or employment;

5.

To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code.

6.

To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment;

7.

To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;

8.

To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

9.

To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;

10. To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other

matters or information as may be required by the Secretary of Labor. 11. To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor; 12. To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency; and 13. To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations.

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such nonlicense or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

5

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment; (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code; (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment; (e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency; (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines; (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative; (h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;

(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations; (l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group. The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable. Qualified Illegal Recruitment: Considered an offense involving economic sabotage. 1. If it is committed by a syndicate, i.e., if carried out by a group of three or more persons conspiring or confederating with one another in carrying out any illegal or unlawful recruitment activity 2. If it is committed in large scale, i.e. if committed against 3 persons or more, individually or as a group.

(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment; (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;

Can a person be convicted of illegal recruitment and estafa? YES. These are separate crimes. One is mala in se while the other, mala prohibita. 

The prescription of illegal recruitment cases where the labor code is applicable (local employment) is 3 years.

6



For illegal recruitment cases under RA 8042 (overseas employment, the prescription period is 5 years but for qualified illegal recruitment, 20 years.

What are the working conditions prescribed by Title 1 of Book 3 of the Labor Code? Article 83. Normal hours of work. Article 85. Meal periods. Article 86. Night shift differential. Article 87. Overtime work. Chapter II WEEKLY REST PERIODS Article 91. Right to weekly rest day. Article 93. Compensation for rest day, Sunday or holiday work. Chapter III HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES Article 94. Right to holiday pay. Article 95. Right to service incentive leave. Article 96. Service charges. 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 officers or members 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. Who are covered by the working conditions? All employees in all establishments are covered by Title 1 of Book 3. Even drivers and conductors of public utility buses (DO 118-12) Who are the working conditions not applicable to? 1. Government employees 2. Managerial employees 3. Officers and members of the managerial staff 4. Field personnel 5. Members of the family of the employer who are dependent on him for support 6. Domestic helpers 7. Persons in personal service of another 8. Workers who are paid by results. Government Employees Those employed by the National Government or any of it’s political subdivisions, including those employed in GOCCs with special charters. They are covered by the Civil Service law, Administrative Code, and their respective charters Managerial Employees a. His primary duty consists in the management of the establishment in which they are employed or in the management of a department or subdivision thereof

7

b.

He customarily directs the work of two or more employees therein c. He has authority to hire or fire other employees of lower rank; or his suggestions and recommendations as to hiring, firing, promotion and other personnel movements are given weight. These employees are not engaged every hour but their compensation is determined by their special training experience or knowledge which requires the exercise of discretion and independent judgment or perform work related to management policies or general business operations along specialized or technical lines. Supervisory Employees Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. (Art. 212(m)) Field Personnel a. They regularly perform their duties away from the principal place of business of the employer b. Their actual hours of work cannot be determined with reasonable certainty Not exempted if the field personnel’s time and performance is constantly supervised by the employer. Family Members Husband, wife, parents, children, other ascendants and descendants, brothers, sisters, whether full or half blood The family member must be dependent upon his employer for support Domestic Helper Refers to any person, whether male or female, who renders service in and about the employer’s home on an activity which are usually necessary or desirable for the maintenance and enjoyment of the employer’s family. The exemption applies because of the nature of the work and the domestic helpers are not employed in a business undertaking.

Persons in Personal Service of Another Those who minister to the personal comfort, convenience or safety of the employer as well as the members of the employer’s household. They are exempted because of the nature of their work and their peculiar relationship with their employer necessitates that they be freed from certain legal restrictions applicable to employers engaged in a business undertaking. Workers Paid by Results Includes those who are paid on piece-work, takay, pakiao, or tax basis To be exempted, their output should be fixed in accordance with the standards and procedures prescribed in Section 8, Rule VII, Book III of the Rules Implementing the Labor Code.

Article 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight (8) hours a day. Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

Normal Hours of Work – 8 hours

8

Public Utility Bus Drivers and Conductors are now covered. Their overtime service should only be an additional 4 hours to give a total of 12 hours.

Article 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours worked. How to determine hours worked: 1. All hours which the employee is required to give his employer are hours worked, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion. 2. If the work performed was necessary or it benefitted the employer, or the employee could not 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 done with the knowledge of his employer or immediate supervisor. 3. The time during which an employee is inactive by reason of interruptions in his work beyond control shall be considered as hours worked 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 employees own interest.      

Engaged to wait Waiting to be engaged – not hours worked Being required to remain on call – considered hours worked Travel time – generally not considered hours worked unless the employer benefits Semestral break – hours worked if the teacher cannot use the break effectively and gainfully for their own interest Power interruptions – if not exceeding 20mins – hours worked; if exceeding 20 mins, not considered hours worked if employees could leave or use the time effectively for their own interest.



Rest period – 5 – 20 mins are considered hours worked.

Article 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. Night shift differential Additional compensation given for working between the hours of 10pm and 6 am Additional 10% of regular hourly rate per hour worked. Article 87. Overtime work. 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. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. Overtime work Work in excess of 8 hours Error: work during Saturdays or Sundays or rest days are not computed using the overtime rate. What should be used would be the rate of working on a rest day. Waiver of overtime pay o Waiver of right to overtime is not allowed but waiver to claim overtime pay can be waived. If the work performed was necessary or that it benefitted the company or that the employee could not abandon his work at the end of the 8 hour shift because there was no substitute ready to take his place and he performed overtime services without obtaining necessary approval of the supervisor/ department head, overtime pay is still compensable. Can the employer compel overtime work? GR: no Exception : Art. 89

9

Article 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases: When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive; When 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, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; When 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; When the work is necessary to prevent loss or damage to perishable goods; and Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. Maternity -

Leave – SSS Law – RA 1161 Only female employees are entitled Can be availed of for childbirth, abortion, miscarriage 60 days for normal delivery; 78 for caesarean Must have paid 3 monthly contributions to SSS Notified employer of date of birth Only for 4 children

Paternity Leave – RA 8187 7 days He must be employed at the time of the delivery or miscarriage Lawful wife gave birth / suffered miscarriage He should have been cohabiting with wife Notify the employer of pregnancy

Submit a copy of marriage certificate Availed of for first 4 children Parental Leave for Solo Parents – RA 8972 Must have rendered 1 year of service Notifies employer within a reasonable time Presents solo parent identification card 7 days "Solo parent" - any individual who falls under any of the following categories: (1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; (2) Parent left solo or alone with the responsibility of parenthood due to death of spouse; (3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year; (4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; (5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de factoseparation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children; (6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; (7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

10

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution; (9) Any other person who solely provides parental care and support to a child or children; (10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. Leave for -

Victims of RA 9262 Only for female victims Must have suffered violence from husband Or a person who she has had a common child with Also if the child suffers Limited to days when the woman is attending to medical and legal concerns. 10 days

Special Leave for Female Employees Gynaecological surgeries 2 months

11