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The ECOP Helpdesk
The ECOP Helpdesk provides assistance to members and non-members who may have questions or concerns on issues regarding human resources management (HRM), industrial relations (IR), and occupational safety and health (OSH).
The ECOP Helpdesk can be accessed through the following platforms:
Website: www.ecop.org.ph
Text/Call/Viber: +(63) 917 709 2742 or (02) 8-896-5006 loc. 117
Facebook: Employers Confederation of the Philippines
Twitter: ecop_ph
Getting Started with the Helpdesk
FAQs | ECOP Membership
Answers to Common Questions on Philippine Labor Laws
Getting Started with the ECOP Helpdesk
What is the ECOP Help Desk?
The ECOP Helpdesk provides assistance to members and non-members who may have questions, concerns or problems on human resources management (HRM), industrial relations (IR), and occupational safety and health (OSH).
How can the ECOP Helpdesk be accessed?
Text/Call/Viber: +(63) 917 709 2742 or (02) 896-5006 loc. 117
What kinds of services may be sought from the ECOP Helpdesk?
Answers to queries on workplace issues, concerns and problems
Updates, clarification and request for information on content, application and implementation of labor and social legislation, regulations, policy issuances, etc.
Drafting of workplace policies, manuals, documents and other communication material
Consultancy on labor-related and workplace concerns
Referrals to experts or external resources
Who can avail of the services and assistance through the ECOP Helpdesk?
The ECOP Helpdesk is open to everyone, members and non-members alike.
Are these services and assistance for free?
It depends.
Requests for assistance on routine or simple queries that could be answered right away and without a need for extensive research are for FREE.
When the kind of service requires a more detailed face-to-face interaction owing to the complexity of the issue/s being presented which may result in the engagement of a consultant to dispense the appropriate advice over a technical concern, the design and installation of a workplace program/policy, or any other analogous situations, will be for a FEE. In such cases, an agreement will have to be signed between ECOP and the party before the rendition of such service will commence.
ECOP members are entitled to a substantial discount when availing of the ECOP Help Desk's services for a fee.
ECOP Helpdesk Focal Person
Virginia Angela V. Usero
+(63) 917 709 2742 or
(02) 896-5006 loc. 117
Who can join ECOP?
Any company and employer and business membership organization (EBMO) duly registered with the Securities and Exchange Commission (SEC).
What are the different categories of membership?
Business Membership Organizations (BMOs) with more than ten (10) corporate or individual members
Duly-registered private corporations
Regional or Provincial employers' organizations duly recognized by ECOP
Chambers of Commerce affiliated with the Philippine Chamber of Commerce and Industry (PCCI)
How does one become an ECOP member?
Interested companies and EBMOs must first fill out the application form which can be downloaded at https://ecop.org.ph/member-benefits/membership-application/
Who represents member companies and organizations at ECOP?
Under the by-laws, the President, Chairman, or CEO is the registered representative and the most senior IR/HR officer is the alternate representative.
What are the requirements for membership?
Duly accomplished membership application form and information sheet
Company's SEC registration and by-laws
Payment of annual membership fee and one-time payment of entrance fee
When is the membership and entrance fees paid?
The annual membership fee and the entrance fee are paid upon submission of the application forms and other requirements.
How much is the annual membership fee?
Annual Membership Fee
Regular & Sustaining
Php 2,500.00
Php 500.00
What is the period covered by the annual membership fee?
Payment of annual membership fee follows the financial cycle of ECOP which starts in January and ends in December. Correspondingly, the amount of membership fee for the first year is computed pro-rata from the time the application is approved up to end of the same year.
Example: Company A became a member in June (6th month)
Php 10,000.00 x 6/12 = Php 5,000.00 to be paid on the first year.
On the second year and thereafter, the company is required to pay the full membership fee.
What are the benefits of an ECOP member?
A good standing member can avail of the following benefits:
Substantial discounts on various products and services
Access to exclusive information on the latest developments in Human Resources and Industrial Relations issues
Preferential access to the ECOP Help Desk
Participate in special events exclusive to members only
Be "ground zero" in the implementation of various special projects
Overseas scholarships, if available
Receipt of copies of employer positions submitted to Congress, the DOLE etc.
Who can avail of the various ECOP benefits, products, and services within the member company or organization?
ECOP benefits, products, and services may be accessed and availed of not only by registered/alternate representatives but also by other officers or employees duly endorsed by the company.
Who are entitled to the discounted rates for ECOP products and services?
Only direct members of ECOP in good standing can enjoy the discounted rates.
Indirect members (members of EBMOs affiliated with ECOP) may also avail of the products and services based on regular rates.
When is a member considered in good standing?
When it is updated in the payment of the annual membership fee.
How is membership renewed?
It is renewed automatically on the anniversary date of a member's acceptance.
When does the annual membership fee become due?
At present, within the first three (3) months of a member's anniversary date of acceptance.
From 2020 the annual membership fee will become payable within the first quarter of the year (January to March).
What happens if the annual membership fee is not paid on time?
A member becomes delinquent in which case the enjoyment of some privileges, such as discount to products and services, is suspended
May a delinquent member continue to avail of ECOP benefits, products, and services?
Yes, but the discount to products and services as stated above will be suspended until unpaid obligations are settled.
Answers to Common Questions on Labor Laws
What is the normal hours of work in day?
The normal hours of work in a day is 8.
Is there a weekly rest day for workers?
There is a rest day of at least 24 consecutive hours or 1 day for every 6 days of work which should be scheduled by the employer upon discussion with the employee.
Rest days are usually provided on a Sunday.
How long is a meal period for workers in a day?
Meal period is at least 60 minutes or 1 hour time-off for regular meals of employees which is non-compensable. Rest periods or coffee breaks running from 5 to 20 minutes shall be considered compensable working time.
Wages and compensation
What is the minimum wage for workers in NCR?
As of July 03, 2018, the minimum wage rate in the NCR for non-agricultural workers is Php512.00 (Basic Wage P502.00 + COLA P10.00) per day under Wage Order NCR-21 which took effect on October 05, 2017.
Refer to wage rate table from NWPC at http://www.nwpc.dole.gov.ph/pages/statistics/latest_wo.html for more details.
What is the minimum wage for workers in regions outside the NCR?
The daily minimum wage rate for workers in regions outside the NCR vary depending on the area. There is also a distinction between agricultural, non-agricultural and domestic workers.
For the minimum wage rate, as of July 03, 2018, in the various regions in the Philippines outside the NCR, please visit the wage rate table at the NWPC at http://www.nwpc.dole.gov.ph/pages/statistics/latest_wo.html.
Are there exemptions to paying workers the minimum wage?
There are four general categories of establishments that can be exempted from the minimum wage law, namely:
distressed establishments
new business enterprises
retail/service establishments employing not more than 10 workers
establishments adversely affected by natural calamities
Other establishments may also be exempted upon review of the regional wage boards.
Please see the NWPC FAQ at http://www.nwpc.dole.gov.ph/faqs.html for more details.
What is holiday pay?
Holiday pay refers to payment of the regular daily wage for any unworked regular holiday.
What are the holidays in the Philippines?
There are two kinds of holidays in the Philippines, regular holiday and special (non-working) day.
The following are the Philippine holidays for the year 2018 as per Proclamation No. 269 series of 2017:
REGULAR HOLIDAYS
New Year's Day – 1 January (Monday)
Maundy Thursday – 29 March
Good Friday – 30 March
Araw ng Kagitingan – 9 April (Monday)
Labor Day – 1 May (Tuesday)
Independence Day – 12 June (Tuesday)
Eid'l Fitr – 15 June (Friday)
Eidul Adha – 22 August (TBA)
National Heroes Day – 27 August (Last Monday of August)
Bonifacio Day – 30 November (Friday)
Christmas Day – 25 December (Tuesday)
Rizal Day – 30 December (Sunday)
SPECIAL (NON-WORKING) DAYS
Chinese New Year – 16 February (Friday)
EDSA People Power Revolution Anniversary – 25 February (Sunday)
Black Saturday – 31 March
Ninoy Aquino Day – 21 August (Tuesday)
All Saints' Day – 1 November (Thursday)
Immaculate Conception Day – 8 December (Saturday)
Last Day of the Year – 31 December (Monday)
Additional special (non-working) days
2 November (Friday)
24 December (Monday)
What are the conditions to allow an employee to be entitled to holiday pay?
The employee should be present on the workday immediately preceding the regular holiday; or should be on leave of absence with pay on the day immediately preceding the regular holiday.
How can an employee be entitled to two successive regular holidays?
An employee can be entitled to two (2) successive regular holidays, like Holy Thursday and Good Friday if he/she works or is on leave of absence with pay on the day immediately preceding the first holiday.
How much is the holiday pay of an employee?
For any unworked regular holiday, 100% of the employee's daily wage rate (Basic pay + COLA).
For any unworked special (non-working) holiday, no pay. "No work, no pay." Workers not required to work on those days are not entitled to any compensation. Except when there is a voluntary practice or a Collective Bargaining Agreement (CBA) provision providing for payment of wages and other benefits for days declared as special days even if unworked.
For work performed on a regular holiday, plus 100% or a total of 200% of the employee's daily wage rate (Basic pay + COLA).
What is premium pay?
Premium pay refers to the additional payment for work within 8 hours on rest days or special days.
As a rule, when an employee is made to work on his scheduled rest day, whether it is a regular day or a holiday, he shall be paid an additional 30% of his regular wage for that day. The additional 30% payment is the premium pay.
How much is the premium pay of an employee?
Premium pay is computed as follows:
Plus 30% of the daily basic rate or a total of 130% for work performed on rest day or special day.
Plus 50% of the daily basic rate or a total of 150% for work performed on special day falling on the employee's rest day.
Plus 30% of the daily basic rate or a total of 260% for work performed on a regular holiday falling on the employee's rest day.
What is overtime pay?
Overtime pay refers to the additional pay for work performed in excess of 8 hours a day.
How much is the overtime pay of an employee?
Overtime pay is computed as follows:
Plus 25% of the hourly rate for work performed in excess of 8 hours on ordinary day.
Plus 30% of the hourly rate for work performed in excess of 8 hours on rest day, special day or regular holiday.
What is the night shift differential?
Night shift differential refers to the additional compensation for work performed from 10:00 O'clock in the evening to 6:00 O'clock in the morning.
How much is the night shift differential of an employee?
The night shift differential is plus 10% of the hourly rate for work between 10:00 O'clock in the evening and 6:00 O'clock in the morning.
What are the benefits to workers provided for under the law?
The major benefits provided to workers under the Philippine Labor Code, aside from their wages, cover the following
13th month pay
Night shift differential
Leave benefits including yearly service incentive leaves, maternity and paternity leaves
Mandatory government benefits and contributions including SSS, Pagibig and Philhealth.
Effective April 2019, SSS contribution was increased from 11% ( January 2014 to March0 to 12% with maximum monthly credit of P20,000.00.
Effective 7 December 2019, Philhealth contribution was increased from 2.75% with maximum basic salary of P50,000.00 to 3% with maximum monthly salary of P60,000.00.
Effective January 20211, Pag-IBIG contribution will increase from P200.00 (1 August 1986 – 31 December 2020) monthly compensation of P5,000.00 to P300.00 (1 January 2021 to December 2022) maximum monthly compensation of P7,500.00.
Please see the Philippine Labor Code for more details. Some relevant provisions in the Labor Code may also be found at the DOLE website at https://www.dole.gov.ph/labor_codes/view/4.
Who are entitled to the 13th-month pay?
All rank and file employees are entitled to receive 13th-month pay regardless of the nature of their employment and irrespective of the methods by which their wages are paid, provided they worked for at least one (1) month during a calendar year.
How is the 13th-month pay computed?
The 13th-monthpay is computed as follows: total Basic Salary during the calendar year / 12 = 13th Month pay
The amount of 13th month pay shall at least be 1/12 of the total basic salary earned for the year which shall include all earnings paid by his/her employer for services rendered but does not include allowances and other monetary benefits such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential, holiday pay and COLA.
When should the 13th-month pay be given?
The 13th-monthpay should be given to the employees not later than December 24 of every year.
Are there any establishments exempted from the 13th pay?
The Revised Guidelines on the Implementation of the 13th Month Pay Law exempts the following employers from its payment:
The government and any of its political subdivisions.
Employers already paying their employees 13th-month pay or more in a calendar year or its equivalent at the time of the issuance of the revised guidelines.
Employers of household helpers and persons in the personal service of another in relation to such workers.
Employers of those who are paid on purely commission, boundary or task basis, and those who are paid a fixed amount for the performance thereof, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall grant the required 13th-month pay to such workers.
What are the leave benefits that an employee is entitled to by law?
The following are the leave benefits that employees are entitled to under the law:
Five (5) days Service Incentive Leave with pay for employee who has rendered at least 1 year of service. (Article 95 of the Labor Code, as amended).
One hundred five (105) days Maternity Leave to all covered female worker with full pay and an option to extend for an additional thirty (30) days without pay. In case the worker qualifies as a solo parent under RA 8792 or the "Solo Parents Welfare Act", the worker shall be granted an additional fifteen (15) days maternity leave with full pay. A female employee should be an SSS member and must have paid at least three (3) monthly contributions within the twelve (12) month period. (Received maternity benefits from SSS + salary differential given by employer = Full pay), as amended by RA 11210;
Pass a leave to the child's father, relative or current partner, regardless of sexual orientation or gender identity. – the mother may pass a leave up to seven (7) days to the child's father, relative within fourth degree of consanguinity (at least first cousin), or current partner, whether or not the same is married to the mother.
For cases of miscarriage or emergency termination of pregnancy, sixty (60) days maternity leave with full pay shall be granted.
Seven (7) days Paternity Leave with pay for all married male employees in the private sector regardless of status of employment, to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child, provided he is: (RA 8187)
An employee at the time of the delivery of his child;
Cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;
Applied for paternity leave with his employer within a reasonable period of time; and
His wife has given birth or suffered a miscarriage.
Seven (7) days Solo Parent Leave with pay is granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required provided he/she has: (RA 8972)
Rendered at least one (1) year of service, whether continuous or broken which includes authorized absences and paid regular holidays;
Notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and
Presented Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.
Ten (10) days Leave with pay for Victims of Violence Against Women and their Children (VAWC) is granted to women employees who are victims of physical, sexual, psychological harm or suffering, or economic abuse. The leave benefit shall cover the days that the woman employee has to attend to medical and legal concerns, provided that the victim woman employee presents to her employer a certification from the barangay chairman (Punong Barangay) or barangay kagawad or prosecutor or the Clerk of Court that an action relative to the matter is pending. (RA9262).
Special Leave for Women of maximum two (2) months with full pay who have rendered continuous aggregate employment service of six (6) months for the last twelve (12) months, following surgery caused by gynecological disorders. (RA 9710).
When can a female employee avail of special leave benefits?
A woman employee regardless of age and civil status, can avail of special leave benefits after she has undergone surgery due to gynecological disorder without prejudice to an employer allowing her to receive her pay before or during the surgery.
What are service charges?
Service charges refer to the amount collected by hotels, restaurants and similar establishments for service.
This is usually computed as a percentage of the basic bill of the customer.
Who are entitled to the service charge?
The Service Charge Law covers all employees, except managerial employees. However, managerial employees already receiving service charges prior to September 3, 2019, which is the date of effectivity of the new Service Charge Law, shall continue to receive such benefit.
100% of the service charges collected by businesses must be divided up and paid out equally to their employees.
It is important to note that the Service Charge Law applies only to individuals under the direct employment of the establishment. So, contract workers, who are not directly employed by the establishment collecting the service charge, are not entitled to receive service charge payments. https://www.officialgazette.gov.ph/downloads/2019/08aug/20190807-RA-11360-RRD.pdf
What is the frequency of the distribution of the service charge?
The proceeds of the service charge shall be distributed once every 2 weeks or twice a month at intervals not exceeding 16 days.
When can an employee retire?
The employee may retire upon reaching the retirement age established in the employment contract, CBA, or company policy. If there is no retirement plan or agreement, an employee may retire upon reaching the age of sixty (60) years (optional) or more but not beyond sixty-five (65) years old (mandatory) provided he/she has served at least five (5) years in the establishment.
How is the retirement benefit computed?
The employee is entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements. The retirement benefits cannot be lesser than that provided for in the Labor Code.
If there is no existing retirement plan or agreement in the establishment, the employee is entitled to retirement pay equivalent to at least ½ month salary for every year of service, a fraction of at least six months being considered as one year.
Unless otherwise agreed upon by the parties, the said "½ month" salary includes:
15 days salary based on latest salary rate;
cash equivalent of the 5 days service incentive leave; and
1/12 of 13th month pay.
As a result, the "½ month salary" is equivalent to 22.5 days. COLA is not included in the computation.
What are the contents of a typical contract for workers?
The content of employment contracts may vary among the companies that issue such contracts. However, there are some basic features that normally appear in an employment contract. These include the following:
Job title and functions
The immediate supervisor of the contracted party
Job scope and limitation, exclusivity, and termination of service
Leave benefits (if applicable) and quitclaim
Special clauses (i.e. non-compete)
Please see this link at Jobstreet for additional details – https://www.jobstreet.com.ph/career-resources/top-5-items-your-employment-contract#.WQb5coiGOUk.
What are some types of employment contracts?
Employment contracts may vary according to the duration or manner of engagement of the contracted party. Examples are contracts for full time work, part time work, fixed term work, daily work, piece rate work, etc.
What types of contracting or subcontracting are prohibited under the law?
Department Order No. 174 of the DOLE issued on March 15, 2017 prohibits labor only contracting. The DOLE order refers to labor only contracting as an arrangement where:
The contractor or subcontractor does not have substantial capital, or the contractor or subcontractor does not have investments in the form of tools, equipment, machineries, supervision, work premises, among others, and the contractor's or subcontractor's employees recruited and placed are performing activities which are directly related to the main business operation of the principal, or
The contractor or subcontractor does not exercise the right control over the performance of the work of the employee.
In addition, the DOLE order also expressly prohibits the following forms of employment arrangement:
When the principal farms out work to a "Cabo".
Contracting out of job or work through an in-house agency
Contracting out of job or work through an in-house cooperative which merely supplies workers to the principal.
Contracting out of a job or work by reason of strike or lockout whether actual or imminent.
Contracting out of a job or work being performed by union members and such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization as provided in Art. 259 of the Labor Code, as amended.
Requiring the contractor's/subcontractor's employees to perform functions which are currently being performed by regular employees of the principal.
Requiring the contractor's/subcontractor's employees to sign, as a precondition to employment or continued employment, an antedated resignation letter; a blank payroll; a waiver of labor standards including minimum wages and social or welfare benefit; or a quitclaim releasing the principal or contractor from liability as to payment of future claims; or require the employee to become a member of a cooperative.
Repeated hiring by the contractor/subcontractor of employees under an employment contract of short duration.
Requiring employees under a contracting/subcontracting arrangement to sign a contract fixing the period of employment to a term shorter than the term of the Service Agreement, unless the contract is divisible into phases for which substantially different skills are required and this is made known to the employee at the time of engagement.
Such other practices, schemes or employment arrangements designed to circumvent the right of workers to security of tenure.
A copy of the DOLE Department Order No. 174 can be accessed at this link https://www.dole.gov.ph/files/DO%20174-17%20Rules%20Implementing%20Articles%20106%20to%20109%20of%20the%20Labor%20Code,%20As%20Amended(1).pdf.
What is the usual coverage of company policies on workers and personnel?
The basic content of company policies may include the following broad topics:
Performance management and evaluation
Attendance, working hours and conditions
Worker discipline and termination
Grievance and conflict resolution
What is a company code of conduct for employees?
A code of conduct is an explicit set of statements covering the company's guiding principles and expectations for the behavior of its employees in the workplace.
A code of conduct often provides guidelines for acceptable behavior from employees and states those action that are prohibited.
Special Laws on Labor and the Workplace
What is the Kasambahay Act?
The Kasambahay Act is RA No. 10361 which institutes policies for the protection and welfare of domestic workers. It was signed into law on January 18, 2013 and went into effect on June 4, 2013.
Who are the domestic workers covered by the Kasambahay Act?
The law covers all kasamabahay engaged in domestic work who have both live-in or live-out arrangement. Examples include yaya, cook, gardener and laundry persons. Some positions such as family driver and service providers are not covered by the Kasambahay Act.
What are the benefits that the Kasamabahay Act provides for domestic workers?
Among the benefits provided for domestic workers under RA No. 10361 are 13th pay, SSS, Philhealth and Pagibig membership and a rest period of at least 24 consecutive hours in a week.
Further details on the Kasambahay Act can be found at the Q & A section on this law at the DOLE website at https://www.dole.gov.ph/files/Q%20&%20A%20on%20Batas%20Kasambahay%20(RA%20No%2010361).pdf.
What is the law on sexual harassment?
This is RA No. 7877 otherwise known as the Anti-Sexual Harassment Act of 1995. This covers sexual harassment in the work place, education or training.
How is sexual harassment defined under the law?
Sexual harassment is defined as an act committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
Please see a copy of RA No. 7877 at this link http://pcw.gov.ph/law/republic-act-7877for more details.
What is the Safe Spaces Act or RA No. 11313 also known as the "Bawal Bastos" Law?
The Safe Spaces Act is an expansion of the earlier RA No. 7877, where the definition of sexual harassment was expanded and now can be committed even outside the workplace, whether online or in person. Under this law, acts such as sexual harassment, staring, stalking, catcalling or taunting on the basis of one's gender are punishable by law and can warrant fines of up to Php 20,000.00. This covers online and physical spaces. https://www.officialgazette.gov.ph/downloads/2019/04apr/20190417-RA-11313-RRD.pdf
Is there a law against discrimination of women in employment?
Yes, the law is RA No. 6725 which prohibits the discrimination against women with regards to the terms and conditions of their employment.
What are some acts considered as discrimination against women in employment under RA No. 6725?
Some examples of acts considered as discriminatory against women in their employment include the following:
Payment of a lesser compensation to a female worker against a male employee for work of the same value.
Favoring a male employee over a female employee with respect to promotion at work, training opportunities, study and scholarship grants solely on the basis of their gender.
For more details, please check out a copy of RA No. 6725 at this link http://pcw.gov.ph/sites/default/files/documents/laws/republic_act_6725.pdf.
Is there a law against age discrimination for in the work place?
Yes, this is RA No. 19011 and the corresponding IRR issued by the DOLE. This law was enacted in August 2016 and took effect in February 2017.
What acts of age discrimination are prohibited under RA No. 19011?
Among others, RA No. 19011 prohibits the discrimination of persons based on age in the recruitment of employees or contractors, the promotion of employees, in providing opportunities for training or in the forcible layoff of employees.
Please check the DOLE website for details on the IRR of RA No. 19011 or check this link for a copy of the IRR https://www.dole.gov.ph/files/DO%20170-17%20Implementing%20Rules%20and%20Regulations%20of%20the%20RA%20no_%2010911%20otherwise%20known%20as%20the%20ANTI-AGE%20DISCRIMINATION%20IN%20EMPLOYMENT%20ACT.pdf.
What is Telecommuting?
Telecommuting refers to a work arrangement that allows an employee to work from an alternative workplace (a place other than the regular workplace) with the use of telecommunication and/or computer technologies.
The telecommuting arrangement shall be initiated by the employer, and shall have the following requirements:
An agreement containing a mutual consent of both the employer and the employee.
A telecommuting program that contains set of guidelines and rules governing the implementation of the telecommuting work arrangement.
That the employer shall ensure that the telecommuting employees are given the same treatment as that of an employee working at the employer's regular place of work.available technologies that promote security and privacy.
Data protection that the employer and the employee shall agree on minimum standards that will protect personal information and shall utilize.
Employee resignation and dismissal
How can an employee resign from work?
The Labor Code recognizes two (2) kinds of resignation, resignation with cause and resignation without cause.
If the resignation is without cause, the employee is required to give a 30-day advance written notice to the employer, to enable the employer to look for a replacement to prevent work disruption. If the employee fails to give a written notice, he or she runs the risk of being held liable for damages.
If the resignation is with cause, it shall be based on any of the following grounds:
Serious insult to the honor and person of the employee;
Inhuman and unbearable treatment;
Crime committed against the person of the employee or any of the immediate members of the employee's family; and
Other analogous causes.
In the second type of resignation (with cause), the employee does not need to serve a written notice.
Forced resignation is not allowed and is considered "constructive" dismissal – a dismissal in disguise.
Employee retirement is either voluntary or compulsory under Art. 287 of the Labor Code.
How can an employee be dismissed from work?
The Labor Code recognizes two (2) kinds of dismissal, with just causes and authorized causes.
Just causes are acts blamed on the part of the employee such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime and other analogous causes (Art. 282, Labor Code).
Authorized causes are of two types – business reasons and disease.
The business reasons are installation of labor-saving devices, redundancy, retrenchment and closure or cessation of operation (Art. 283, Labor Code).
On the other hand, before the employer can terminate employment on the ground of disease, he must obtain from a competent public health authority a certification that the employee's disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (Art. 284, Labor Code; Implementing Rules of Book VI, Labor Code).
Should a contractual worker be given notice of his or her end of service?
Those hired on a temporary basis, that is, for a "term" or "fixed period" are not regular employees, but are "contractual employees." Consequently, there is no illegal dismissal when their services are terminated by reason of the expiration of their contracts. Lack of notice of termination is of no consequence, because a contract for employment for a definite period terminates by its own term at the end of such period.
Is a temporary suspension of business operations a valid ground for dismissal of employees?
Employment is not deemed terminated when there is a bona fide suspension of the operations of a business or undertaking for a period not exceeding six months, or when the employee fulfills a military or civic duty (Art. 286, Labor Code).
Is a business merger a sufficient reason to dismiss a company's employees?
Under the Corporation Code (sec. 80), the surviving or consolidated entity in a merger or consolidation automatically assumes all rights and obligations, assets and liabilities of the combining entities. This includes obligations or liabilities under valid agreements, like labour contracts. The surviving or consolidated entity must, therefore, recognize the security of tenure and length of service of the workers of the merging or consolidating corporations. By the fact of merger or consolidation, a succession of employment rights and obligations occurs.
What are the safeguards under the labor law in the dismissal of employees?
Procedurally, (1) if the dismissal is based on a just cause under Art. 282 of the Labor Code, the employer must give the employee two written notices and a hearing or opportunity to be heard before terminating the employment, that is, a notice specifying the grounds for which dismissal is sought and, after hearing or opportunity to be heard, a notice of the decision to dismiss; and (2) if the dismissal is based on authorized causes under Arts. 283 and 284 of the Labor Code, the employer must give the employee and the Department of Labour and Employment written notices 30 days prior to the effectivity of the separation.
Dismissals based on just causes contemplate acts or omissions attributable to the employee while dismissals based on authorized causes involve grounds – business or health – allowing the employer to terminate. A termination for an authorized cause requires payment of separation pay. When the termination of employment is declared illegal, reinstatement and full backwages are mandated under Art. 279 of the Labor Code. If reinstatement is no longer possible where the dismissal was unjust, separation pay may be granted.
What is the severance pay given with termination of employees?
Separation pay is required to be paid to the employee when there is termination of employment by the employer for an authorized cause, the amount of which depends on the cause. If the termination is due to the installation of labour-saving devices or redundancy, the separation pay is one month's pay for every year of service or one month pay, whichever is higher (Art. 283, Labor Code). If the termination is due to retrenchment to prevent losses, or closure or cessation of operation of the establishment not due to serious business losses, or due to disease, the separation pay is one-half month's pay for every year of service or one month pay, whichever is higher (Arts. 283 and 284, Labor Code). However, there is no requirement for separation pay if the closure is due to serious business losses.
What are some situations of employee dismissal and the liabilities of the employer in such situations?
If the dismissal is for a just cause under Art. 282 of the Labor Code, or for an authorized cause – business reason under Art. 283 or health reason under Art. 284 – and due process was observed, then the dismissal is undoubtedly valid and the employer will not incur any liability, save for separation pay when the dismissal is for an authorized cause.
If the dismissal is without just or authorized cause and due process was either observed or there was no due process involved, then the dismissals are illegal, Art. 279 of the Labor Code mandates that the employee is entitled to reinstatement without loss of seniority rights and other privileges and full backwages, inclusive of allowances, and other benefits or their monetary equivalent computed from the time the compensation was not paid up to the time of actual reinstatement.
This last situation is similar to the previous one except that there was non-observance of due process, then the dismissal should be upheld. While the procedural infirmity cannot be cured, it should not invalidate the dismissal. However, the employer should be held liable for nominal damages for non-compliance with the procedural requirements of due process. If the dismissal is for an authorized cause, the employee is also entitled to separation pay.
May elimination or diminution of benefits constitute demotion?
The illegal and unjustified elimination or diminution of certain benefits may result in illegal demotion. Under established jurisprudence, there is demotion where the act of the employer results in the lowering in position or rank or reduction in salary of the employee. It involves a situation where an employee is relegated to a subordinate or less important position constituting a reduction to a lower grade or rank with a corresponding decrease in duties and responsibilities and usually accompanied by a decrease in salary.
May elimination or diminution of benefits constitute constructive dismissal?
Elimination or diminution of certain benefits may result in the constructive dismissal of an employee. Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose any choice by him except to forego his continued employment.
Administrative Proceedings
What is unfair labor practice?
An unfair labor practice act violates the right of workers to self-organization, is inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupts industrial peace and hinders the promotion of healthy and stable labor-management relations.
What rules govern the proceedings before the Labor Arbiters and the NLRC?
The proceedings before the Labor Arbiters and the NLRC are governed by the Labor Code, as amended, the 2011 NLRC Rules of Procedure, and suppletorily, the Rules of Court.
What are the two kinds of the jurisdiction of the NLRC?
The National Labor Relations Commission exercises two (2) kinds of jurisdiction: (1) Original jurisdiction; and (2) Exclusive appellate jurisdiction.
Original jurisdiction cover:
Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission of any or all prohibited or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or performed forthwith, may cause grave or irreparable damage to any party;
Injunction in strikes or lockouts under Article 264 of the Labor Code; and
Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest, certified to it by the Secretary of Labor and Employment for compulsory arbitration.
Exclusive appellate jurisdiction:
All cases decided by the Labor Arbiters including contempt cases; and
Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under Article 129) involving recovery of wages, simple money claims and other benefits not exceeding P5,000 and not accompanied by claim for reinstatement.
What is the power to assume jurisdiction or certify "national interest" labor disputes to NLRC?
When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration.
In case of conflict, who has jurisdiction over termination disputes, Labor Arbiter or Voluntary Arbitrator?
Jurisdiction over termination disputes belongs to Labor Arbiters and not with the grievance machinery or Voluntary Arbitrator. Under Article 262, the Voluntary Arbitrator may assume jurisdiction only when agreed upon by the parties. Policy Instructions No. 56 issued by DOLE Secretary Confesor clarifying the jurisdiction of Labor Arbiters and Voluntary Arbitrations does not apply. It reiterated the ruling that dismissal is not a grievable issue.
What is the nature of the proceedings before the Labor Arbiter?
The NLRC Rules describe the proceedings before the Labor Arbiter as non-litigious. Subject to the requirements of due process, the technicalities of law and procedure in the regular courts do not apply in the labor arbitration proceedings.
What are the cases falling under the jurisdiction of the Labor Arbiters?
Under Article 217 of the Labor Code, Labor Arbiters have jurisdiction over the following cases:
Unfair labor practice (ULP) cases;
Termination disputes (or illegal dismissal cases);
If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
Cases arising from any violation of Article 264 of the Labor Code, including questions involving the legality of strikes and lockouts;
Except claims for employees' compensation not included in the next succeeding paragraph, social security, medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6627;
Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended;
Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas employment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;
Contested cases under the exception clause of Article 128(b) of the Labor Code, as amended by R.A. 7730; and
Other cases as may be provided by law.
May a non-lawyer appear in any of the proceedings before the Labor Arbiter or Commission?
A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only under the following conditions:
He/she represents himself/herself as party to the case;
He/she represents a legitimate labor organization, as defined under Article 212 and 242 of the Labor Code, as amended, which is a party to the case: Provided, that he/she presents to the Commission or Labor Arbiter during the mandatory conference or initial hearing: (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the Department of Labor and Employment attesting that the organization he/she represents is duly registered and listed in the roster of legitimate labor organizations; (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that he/she is authorized to represent the said organization in the said case; and (iii) a copy of the resolution of the board of directors of the said organization granting him such authority;
He/she represents a member or members of a legitimate labor organization that is existing within the employer's establishment, who are parties to the case: Provided, that he/she presents: (i) a verified certification attesting that he/she is authorized by such member or members to represent them in the case; and (ii) a verified certification issued by the secretary and attested to by the president of the said organization stating that the person or persons he/she is representing are members of their organization which is existing in the employer's establishment;
He/she is a duly-accredited member of any legal aid office recognized by the Department of Justice or Integrated Bar of the Philippines: Provided, that he/she (i) presents proof of his/her accreditation; and (ii) represents a party to the case;
He/she is the owner or president of a corporation or establishment which is a party to the case: Provided, that he/she presents: (i) a verified certification attesting that he/she is authorized to represent said corporation or establishment; and (ii) a copy of the resolution of the board of directors of said corporation, or other similar resolution or instrument issued by said establishment, granting him/her such authority.
Does the counsel or authorized representatives have the authority to bind their clients in a labor case proceeding?
Counsel or other authorized representatives of parties shall have authority to bind their clients in all matter of procedure. However, they cannot, without a special power of attorney or express consent, enter into a compromise agreement with the opposing party in full or partial discharge of a client's claim.
What is the purpose of mandatory conciliation and mediation conference?
The mandatory conciliation and mediation conference shall be called for the purpose of:
Amicably settling the case upon a fair compromise;
Determining the real parties in interest;
Determining the necessity of amending the complaint and including all causes of action;
Defining and simplifying the issues in the case;
Entering into admissions or stipulations of facts; and
Threshing out all other preliminary matters.
What is the effect of non-appearance of the parties in the mandatory conciliation and mediation conference?
The non-appearance of the complainant or petitioner during the two (2) settings for mandatory conciliation and mediation conference scheduled in the summons, despite due notice thereof, shall be a ground for the dismissal of the case without prejudice.
In case of non-appearance by the respondent during the first scheduled conference, the second conference as scheduled in the summons shall proceed. If the respondent still fails to appear at the second conference despite being duly served with summons, he/she shall be considered to have waived his/her right to file position paper. The Labor Arbiter shall immediately terminate the mandatory conciliation and mediation conference and direct the complainant or petitioner to file a verified position paper and submit evidence in support of his/her causes of action and thereupon render his/her decision on the basis of the evidence on record.
What is the National Conciliation and Mediation Board (NCMB)?
The National Conciliation and Mediation Board (NCMB) is an agency of the DOLE whose mandate is to formulate policies, develop plans and programs and set standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration; facilitation of labor-management cooperation through joint mechanisms for information sharing, effective communication and consultation and group-problem solving.
The NCMB helps employers and employees try to resolve labor disputes before any further labor action is taken.
Please see the NCMB website at http://co.ncmb.ph/home/for more details.
What is the role of the Labor Arbiter in hearing and clarificatory conference?
The Labor Arbiter shall take full control and personally conduct the hearing or clarificatory conference and may ask questions for the purpose of clarifying points of law or facts involved in the case. The Labor Arbiter may allow the presentation of testimonial evidence with right of cross-examination by the opposing party and shall limit the presentation of evidence to matters relevant to the issue before him/her and necessary for a just and speedy disposition of the case.
The Labor Arbiter shall make a written summary of the proceedings, including the substance of the evidence presented, in consultation with the parties. The written summary shall be signed by the parties and shall form part of the records.
What is the period within which to conduct clarificatory conference?
The parties and their counsels appearing before the Labor Arbiter shall be prepared for continuous hearing or clarificatory conference. No postponement or continuance shall be allowed by the Labor Arbiter, except upon meritorious grounds and subject to the requirement of expeditious disposition of cases. The hearing or clarificatory conference shall be terminated within thirty (30) calendar days from the date of the initial clarificatory conference. In cases involving overseas Filipino workers, the aggregate period for conducting the mandatory conciliation and mediation conference, including hearing on the merits or clarificatory conference, shall not exceed sixty (60) days, which will be reckoned from the date of acquisition of jurisdiction by the Labor Arbiter over the person of the respondents.
What is the effect of non-appearance of the parties during clarificatory conference?
In case of non-appearance of any of the parties during the hearing or clarificatory conference despite due notice, proceedings shall be conducted ex parte. Thereafter, the case shall be deemed submitted for decision.
What is the period within which to file a motion for postponement?
Motion for postponement shall be entertained except on meritorious grounds and when filed at least three (3) days before the scheduled hearing.
What is the period within which to cause an amendment of the complaint or petition?
No amendment of the complaint or petition shall be allowed after the filing of position papers, unless with leave of the Labor Arbiter.
What are the prohibited pleadings and motions?
The following pleadings and motions shall not be allowed and acted upon nor elevated to the Commission:
Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, improper venue, res judicata, prescription and forum shopping;
Motion for a bill of particulars;
Motion for new trial;
Petition for Relief from Judgment;
Motion to declare respondent in default;
Motion for reconsideration of any decision or any order of the Labor Arbiter;
Appeal from any interlocutory order of the Labor Arbiter, such as but not limited to, an order: denying a motion to dismiss, denying a motion to inhibit; denying a motion for issuance of writ of execution, or denying a motion to quash writ of execution;
Appeal from the issuance of a certificate of finality of decision by the Labor Arbiter;
Appeal from orders issued by the Labor Arbiter in the course of execution proceedings; and
Such other pleadings, motions and petitions of similar nature intended to circumvent above provisions.
May the Commission blacklist bonding companies?
The Commission through the Chairman may on justifiable grounds blacklist a bonding company, notwithstanding its accreditation by the Supreme Court. Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and the bonding company may be blacklisted.
May a party file a motion to revive and re-open a case dismissed without prejudice?
A party may file a motion to revive or re-open a case dismissed without prejudice, within ten (10) calendar days from receipt of notice of the order dismissing the same; otherwise, the only remedy shall be to re-file the case. A party declared to have waived his/her right to file position paper may, at any time after notice thereof and before the case is submitted for decision, file a motion under oath to set aside the order of waiver upon proper showing that his/her failure to appear was due to justifiable and meritorious grounds.
What is the effect of rehabilitation receivership on monetary claims of workers?
Rehabilitation receivership of a company has the effect of suspending all proceedings – at whatever stage it may be found – in all judicial or quasi-judicial bodies. The NLRC may not proceed with hearing of monetary claims. If already decided, the monetary awards cannot be executed. If due for execution, no such execution may be had. Only when there is liquidation that the monetary claims may be asserted. The suspension of the proceedings is necessary to enable the rehabilitation receiver to effectively exercise its powers free from any judicial or extra-judicial interference that might unduly hinder the rescue of the distressed company. Once the receivership proceedings have ceased and the receiver/liquidator is given the imprimatur to proceed with corporate liquidation, the SEC order becomes functus officio. Thus, there is no legal impediment for the execution of the decision of the Labor Arbiter for the payment of separation pay by presenting it with the rehabilitation receiver and liquidator, subject to the rules on preference of credits.
What is the mode of appeal from the decision of the Labor Arbiters?
Appeal from the decision of the Labor Arbiter is brought by ordinary appeal to the NLRC within ten (10) calendar days from receipt by the party of the decision. From the decision of the NLRC, there is no appeal. The only way to elevate the case to the Court of Appeals is by way of the special civil action of certiorari under Rule 65 of the Rules of Civil Procedure. From the ruling of the Court of the Appeals, it may be elevated to the Supreme Court by way of ordinary appeal under Rule 45 of the Rules of Civil Procedure.
What are the grounds for appeal?
There are four (4) grounds for appeal, to wit:
If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter;
If the decision, order or award was secured through fraud or coercion, including graft and corruption;
If made purely on questions of law; and
If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.
What are the requisites for perfection of appeal?
The appeal shall be:
Filed within the reglementary period provided in Section 1 of the Rule;
Verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
In the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order;
Filed in three (3) legibly typewritten or printed copies; and
Accompanied by proof of payment of the required appeal fee and legal research fee, posting of a cash or surety bond as provided in Section 6 of the applicable rule, and proof of service upon the other parties.
What is the reinstatement aspect of the Labor Arbiter's decision?
If reinstatement is ordered by the Labor Arbiter in an illegal dismissal case, it is immediately executory even pending appeal. Such award does not require a writ of execution.
Is posting a bond stay the execution of immediate reinstatement?
The posting of a bond by the employer does not have the effect of staying the execution of the reinstatement aspect of the decision of the Labor Arbiter.
Can the Labor Arbiter issue a partial writ pending appeal?
In case the decision includes an order of reinstatement and the employer disobeys it or refuses to reinstate the dismissed employee, the Labor Arbiter should immediately issue a writ of execution, even pending appeal, directing the employer to immediately reinstate the dismissed employee either physically or in the payroll, and to pay the accrued salaries as a consequence of such reinstatement at the rate specified in the decision. The Sheriff should serve the writ of execution upon the employer or any other person required by law to obey the same. If he disobeys the writ, such employer or person may be cited for contempt. While the perfection of appeal will stay the execution of the decision of a Labor Arbiter, the partial execution for reinstatement pending appeal is not affected by such perfection.
Is the award of reinstatement pending appeal by the Labor Arbiter self-executory?
An award or order of reinstatement is self-executory and, therefore, does not require a writ of execution to implement and enforce it. To require the application for and issuance of a writ of execution as pre-requisite for the execution of a reinstatement award would certainly betray and run counter to the very object and intent of Article 223, i.e., the immediate execution of a reinstatement order. The reason is simple. An application for a writ of execution and its issuance could be delayed for numerous reasons. A mere continuance or postponement of a scheduled hearing, for instance, or an inaction on the part of the Labor Arbiter or the NLRC, could easily delay the issuance of the writ thereby setting at naught the strict mandate and noble purpose envisioned by Article 223.
What is the period within which to conduct pre-execution conference?
Within two (2) working days from receipt of a motion for the issuance of a writ of execution which shall be accompanied by a computation of a judgment award, if necessary, the Commission or the Labor Arbiter may schedule a pre-execution conference to thresh out matters relevant to execution including the final computation of monetary award. The pre-execution conference shall not exceed fifteen (15) calendar days from the initial schedule, unless the parties agreed to an extension. Any order issued by the Labor Arbiter in the pre-execution conference is not appealable, subject to the remedies available under Rule XII (Extraordinary Remedies).
Is writ of execution necessary in case reinstatement is ordered by the NLRC on appeal?
While it is now well-settled that a writ of execution is not necessary to implement the reinstatement order issued by a Labor Arbiter upon a finding of illegality of dismissal since it is self-executory, however, if the reinstatement order is issued by the NLRC on appeal, there is a need to secure a writ of execution from the Labor Arbiter a quo to enforce the reinstatement of the employee.
What is the lifetime or effectivity of the writ of execution?
The life of the writ of execution is five (5) years. In case of partial satisfaction of judgment during the lifetime of the writ, the Labor Arbiter shall motu proprio issue an updated writ reflecting the amount collected and the remaining balance.
What is the effect of refusal of the bonding company or bank holding the cash deposit of the losing party to release the garnished amount?
If the bonding company refuses to pay or the bank holding the cash deposit of the losing party refuses to release the garnished amount despite the order or pertinent processes issued by the Labor Arbiter or the Commission, the president or the responsible officers or authorized representatives of the said bonding company or the bank who resisted or caused the non-compliance shall be either cited for contempt, or held liable for resistance and disobedience to a person in authority or the agents of such person as provided under the pertinent provision of the Revised Penal Code. This rule shall likewise apply to any person or party who unlawfully resists or refuses to comply with the break open order issued by the Labor Arbiter or the Commission.
What is the power of the DOLE Secretary to assume jurisdiction over a labor dispute or certify it to the NLRC for compulsory arbitration?
The DOLE Secretary may assume jurisdiction over a labor dispute, or certify it to the NLRC for compulsory arbitration, if, in his opinion, it may cause or likely to cause a strike or lockout in an industry indispensable to the national interest. The President may also exercise the power to assume jurisdiction over a labor dispute.
What is the effect of such assumption or certification of labor dispute to the NLRC?
The following are the effects:
On intended or impending strike or lockout– automatically enjoined even if a Motion for Reconsideration is filed;
On actual strike or lockout– strikers or locked out employees should immediately return to work and employer should readmit them back; and
On cases filed or may be filed – all shall be subsumed/absorbed by the assumed or certified case except when the order specified otherwise.
The parties to the case should inform the DOLE Secretary of pendency thereof.
May an injunction be issued in strike or lockout cases?
As a general rule, strikes and lockouts validly declared, enjoy the protection of law and cannot be enjoined unless illegal acts are committed or threatened to be committed in the course of such strikes or lockouts. Ordinarily, the law vests in the NLRC the authority to issue injunctions to restrain the commission of illegal acts during the strikes and pickets. This policy applies even if the strike appears to be illegal in nature. The rationale for this policy is the protection extended to the right to strike under the constitution and the law. It is basically treated as a weapon that the law guarantees to employees for the advancement of their interest and for their protection.
What is the effect of defiance of assumption or certification order or return-to-work order?
Non-compliance with the assumption/certification order of the Secretary of Labor and Employment or a return-to-work order issued pursuant thereto by either the Secretary or the NLRC to which a labor dispute is certified, is considered an illegal act committed in the course of the strike or lockout.
What is the prescriptive period for offenses penalized under the Labor Code?
As a rule, the prescriptive period of all criminal offenses penalized under the Labor Code and the Rules to Implement the Labor Code is three (3) years from the time of commission thereof. However, criminal cases arising from ULP which prescribe within one (1) year from the time the acts complained of were committed; otherwise, they shall be forever barred. The running of the 1 year period, however, is interrupted during the pendency of the labor case.
What is the prescriptive period for money claims?
Prescriptive period is three (3) years from accrual of cause of action.
What is the prescriptive period for claims for allowances and other benefits?
In cases of nonpayment of allowances and other monetary benefits, if it is established that the benefits being claimed have been withheld from the employee for a period longer than three (3) years, the amount pertaining to the period beyond the three-year prescriptive period is barred by prescription. The amount that can only be demanded by the aggrieved employee shall be limited to the amount of the benefits withheld within three (3) years before the filing of the complaint.
What is the prescriptive period for illegal dismissal?
An action for illegal dismissal prescribes in four (4) years from accrual of cause of action.
What is the remedy of the party aggrieved by an order or resolution of the Labor Arbiter?
A party aggrieved by any order or resolution of the Labor Arbiter including those issued during execution proceedings may file a verified petition to annul or modify such order or resolution. The petition may be accompanied by an application for the issuance of a temporary restraining order and/or writ of preliminary or permanent injunction to enjoin the Labor Arbiter, or any person acting under his/her authority, to desist from enforcing said resolution or order.
What are the grounds of the petition for extraordinary remedies?
The petition filed under this Rule may be entertained only on any of the following grounds:
If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the petitioner;
If a party by fraud, accident, mistake or excusable negligence has been prevented from taking an appeal;
If made purely on questions of law; or
If the order or resolution will cause injustice if not rectified.
What are the requisites of the petition for extraordinary remedies?
The petition for extraordinary remedies shall:
Be accompanied by a clear original or certified true copy of the order or resolution assailed, together with clear copies of documents relevant or related to the said order or resolution for the proper understanding of the issue/s involved;
Contain the arbitral docket number and appeal docket number, if any;
State the material date showing the timeliness of the petition;
Be verified by the petitioner himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
Be in the form of a memorandum which shall state the ground/s relied upon, the argument/s in support thereof and the reliefs prayed for;
Be in three (3) legibly written or printed copies; and
Be accompanied by certificate of non-forum shopping, proof of service upon the other party/ies and the Labor Arbiter who issued the order or resolution being assailed or questioned; and proof of payment of the required fees.
Occupational Safety and Health (OSH)
What is occupational safety and health (OSH)?
Occupational safety and health (OSH) is the science of the anticipation, recognition, evaluation and control of hazards arising in or from the workplace that could impair the health and well-being of workers, taking into account the possible impact on the surrounding communities and the general environment (as defined in the ILO document entitled "Fundamental Principles of Occupational Health and Safety").
A copy of this ILO document can be accessed at this link http://www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_093550.pdf.
What are the standards for OSH in the Philippines?
The Bureau of Working Conditions of the DOLE notes various areas that are covered by OSH standards. These include the following:
Training of personnel in OSH
Health and safety committee
Notification and keeping of records of accidents and/or occupational illnesses.
Premises of establishments.
Occupational health and environmental control.
Personal protective equipment and devices.
Hazardous materials.
Gas and electric welding and cutting operations.
Hazardous work processes.
Explosives.
Materials handling and storage.
Boiler.
Unfired pressure vessels.
Internal combustion engine.
Machine guarding.
Electrical safety.
Elevators and related equipment.
Identification of piping system.
Power piping lines.
Construction safety.
Logging.
Fire protection and control.
Pesticides and fertilizers.
Occupational health services.
A copy of the OSH standards as presented in a document published by the Occupational Safety and Health Center of the DOLE can be found at this link http://www.oshc.dole.gov.ph/images/OSH-Standards-2019-Edition.pdf.
The website of the Occupational Safety and Health Center of the DOLE can be found at this link http://www.oshc.dole.gov.ph/.


Daimler Buses India, a unit of Daimler India Commercial Vehicles (DICV) recently launched the Mercedes-Benz 2441 Super High Deck Automatic Coach. With an overall length of 15 meters, it is India's longest coach and the unique aluminique body makes it the lightest in the segment.
The company manufactures both fully built buses as well as bus chassis. While DICV operates under the BharatBenz brand in 9 Ton and 16 Ton segments in India, the Mercedes-Benz brand operates in high end luxury 24 Ton segment with rear engine. In the 9 ton segment, BharatBenz school bus, staff bus and tourist bus are offered on 914 and 917 platforms, both as chassis as well as fully built-up options. In the 16 Ton segment, BharatBenz 1623 coach chassis was introduced last year and has gained good acceptance in the market. In the high end luxury, 24 Ton Mercedes Benz Super High Deck is aiming to redefine the segment. These modern next generation buses are manufactured at its state-of-the-art Oragadam plant near Chennai. Daimler Buses portfolio in India is expanding day by day, which shows the market potential there is and also the company's commitment to the World's second largest bus market. Daimler India Commercial Vehicles (DICV) bus sales figures grew by 80% last year despite a sluggish overall bus industry.
Presently there are three key players in the luxury bus market in India namely, Mercedes Benz, Volvo and Scania. Volvo buses have been the market leader ruling the roads, since its Introduction in India, with over 4000 buses plying across length and width of the country. Scania buses has been its tough competitor, and snatched a considerable market share from the Volvo. After witnessing a sluggish growth for a couple of years, the demand for premium buses has sizzled the market in recent times. Before the introduction of Volvo buses, Indian bus transporters had to depend on additional auxiliary engine based buses to support the AC application. After Volvo drove into India, the fully air-conditioned & rear engine mounted coaches built on the bus chassis played a crucial role in transforming the face of luxury bus market in India. On the other hand, with an aim of meeting the need of comfortable and safe bus travel in the country, another Swedish manufacturer, Scania launched the Metrolink range of 12 meter, 13.7 meter and 14.5-meter long luxury coaches in India.
Recognizing the potential for luxury buses in the market, Daimler India Commercial Vehicles (DICV) launched this 15 meter long bus in India, that offers up to 59 comfortable push back seats. The splendidly designed and robust aluminique body of Mercedes Benz Super High Deck coach meets the international standards of safety. With considerable rollover strength, the vehicle is lightest in its category. It contributes to an unbeatable fuel efficiency and drag-free movement due to the aerodynamic body styling.
The rear tag axle is steerable, thus reducing the vehicle's turning circle diameter and improving the ability to navigate sharp turns effortlessly. Also, the flat floor construction enables a hassle-free movement of passengers in the aisle space. The sophisticated color theme adds a splendor to the interiors of this Mercedes Benz Super High Deck bus. The toughened wide window glasses with green tint allows the passengers to enjoy a clear panoramic roadside view.
Powered by 6-cylinder OM457 water-cooled engine with 12 Litre displacement & enabled by SCR technology, this mammoth luxury coach produces massive 408 hp and a maximum torque of 1900 nm. The 6 speed automatic transmission with electronic controlled gear shifting mechanism renders the driver a smooth and comfortable driving experience for long hours.
The recently introduced Mercedes-Benz 2441 SHD replaces the earlier launched 2436 SHD, with a couple of upgrades including more power than before.
State-of-the-art front and rear air suspension enables the passengers to cruise over all kinds of roads without even letting them know a bit about the surface. The 960 mm seat pitch in Mercedes Benz Super High Deck, offers ample leg room & great comfort to passengers to stretch their legs and relax during long journeys. This luxury Super High Deck coach incorporates a generous 14 cubic meters luggage space with 0.9m opening height. Let it be the overnight journey or the weekend travel, the abundant luggage space allows the passengers to carry the luggage as per their needs.
The tilt & telescopic steering along with 3-way adjustable air suspended driver seat further leads to most comfortable driving position.
Dual circuit full air service brakes and the spring loaded rear brake chambers with air release enables jerk-free, emergency break actions and ensure utmost safety to the driver as well as to the passengers. Electronic Braking System (EBS) including Disc brakes with Anti-lock braking system (ABS) and Anti-slip Regulation (ASR) lead to a more confident driving control and enhanced stability while quick cornering.
Even the fuel tank is nestled in the frame on top of the rear axle to avoid any chances of fire. In addition, the thermostat based fire detection system in the engine compartment ensures a great safety. 600 Litres of total fuel tank capacity ensures covering farthest of the destinations without refill.
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Welcome to the most unusual seating arrangement at this year's GIAF.
WHEN YOU walk into the Black Box to see a theatre show, what do you expect to find? A mixture of tiered seating and ground level seating facing the stage. However a show at this year's arts festival, will do away with all that.
When people enter the Black Box to see The Aspirations Of Daise Morrow, they will find themselves walking onto a vast mound of clay spread out across the venue floor; on top of that mound will be a series of chairs arranged in near continuous circles.
The audience will be seated and await the start of the show, but instead of watching the action unfold on a stage, the audience will be on stage themselves, with the actors - and also musicians - walking between the rows of chairs, passing in front of, behind, and around the audience, as they perform. For this alone, The Aspirations Of Daise Morrow is set to be among the most intriguing and talked about shows of this year's GIAF, during its July 23 to 28 run.
The play itself, directed by Chris Drummond, is an adaptation of the novel Down At The Dump by the Nobel Prize winning Australian author Patrick White. The Whalley family are getting ready for a day at the dump, while next door, the Hogbens prepare to bury the outrageous Daise Morrow, a free spirit whose youthful romantic exploits scandalised the staid residents of her tiny town.
The Aspirations Of Daise Morrow has been called a "visually captivating, splendidly lucid stage adaptation" by The Australian. It features music performed by the Zephyr Quartet. For tickets see www.giaf.ie, 091 - 566577, or the festival box office, Galway Tourist Office, Forster Street.
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Q: Repeating x axis R I have data with the amount of radiation at a specific time (hour, minutes) for three repeating days. I want to plot this so the x-axis goes from 0 - 24 3 times. So the x axis repeats itself. And on the y axis the amount of radiation. I have tried the following script without any succes.
plot(gegevens[,1],gegevens[,2],type='l',col='red',xaxt='n',yaxt='n',xlab='',ylab='')

axis(1, at=(0:74),labels = rep.int(0:24,3), las=2)

mtext('Zonnetijd (u)', side=1,line=3)

The dataset was to big so I've selected the first two hours from 2 days. The first column is the time en the second is the radiation. The data then looks as followed:
structure(c(0, 0.083333333333333, 0.166666666666667, 0.25, 0.333333333333333,
0.416666666666667, 0.5, 0.583333333333333, 0.666666666666667,
0.75, 0.833333333333333, 0.916666666666667, 1, 1.08333333333333,
1.16666666666667, 1.25, 1.33333333333333, 1.41666666666667, 1.5,
1.58333333333333, 1.66666666666667, 1.75, 1.83333333333333, 1.91666666666667,
0.0158590638878904, 0.0991923972212234, 0.182525730554557, 0.26585906388789,
0.349192397221223, 0.432525730554557, 0.51585906388789, 0.599192397221223,
0.682525730554557, 0.76585906388789, 0.849192397221223, 0.932525730554557,
1.01585906388789, 1.09919239722122, 1.18252573055456, 1.26585906388789,
1.34919239722122, 1.43252573055456, 1.51585906388789, 1.59919239722122,
1.68252573055456, 1.76585906388789, 1.84919239722122, 1.93252573055456,
0.066, 0.066, 0.068, 0.068, 0.068, 0.066, 0.066, 0.066, 0.066,
0.066, 0.066, 0.066, 0.057, 0, 0, 0, -0.002, 0, 0, -0.002, 0,
-0.002, -0.009, -0.011, 0, -0.002, 0, -0.002, 0, -0.002, 0, 0.002,
0, 0, 0, 0, -0.002, -0.002, -0.007, 0, -0.002, 0, 0, 0, -0.002,
-0.002, -0.002, 0), .Dim = c(48L, 2L), .Dimnames = list(NULL,
    c("t", "z")))

A: I think you would be better off to move towards a date/time class for your axis. Then you can have more control on what to plot etc. Below is an example:
# create example data
df <- data.frame(
  T = seq.POSIXt(as.POSIXct("2000-01-01 00:00:00"),
    by = "hours", length.out = 24*3)
)
df
df$St <- cumsum(rnorm(24*3))

# plot
png("test.png", width = 8, height = 4, units = "in", res = 200)
op <- par(mar = c(4,4,1,1), ps = 8)
plot(St ~ T, df, type="l",col='red',xaxt='n',yaxt='n',xlab='',ylab='')
axis(1, at=df$T, labels = format(df$T, "%H"), las=2)
mtext('Zonnetijd (u)', side=1,line=3)
par(op)
dev.off()

You Can see that you may have some space issues with the labels when you plot every one.
Here is another example with 3-hour increment labels:
# alt plot
AT <- seq(min(df$T), max(df$T), by = "3 hour") # 3 hour increments
LAB <- format(AT, "%H")
png("test2.png", width = 8, height = 4, units = "in", res = 200)
op <- par(mar = c(4,4,1,1), ps = 8)
plot(St ~ T, df, type="l",col='red', xlab='', ylab='', xaxt='n')
axis(1, at = AT, labels = LAB, las=2)
mtext('Zonnetijd (u)', side=2, line=3)
mtext('hour', side=1, line=3)
par(op)
dev.off()

A: Marc has good advice about using a datetime class. Overall, that is a good way to go. See this question for examples of converting decimal times in hours to POSIX datetime class.
If you want to continue with your numeric data we the data itself to indicate what day it occurs on. Here we create a new column identical to the first, but adding 24 every time the first column has a negative difference between successive rows:
gegevens = cbind(gegevens, gegevens[, 1] + 24 * c(0, cumsum(diff(gegevens[, 1]) < 0)))

Now when we plot using our new column, the hours are correctly spaced by day:
plot(gegevens[, 3], gegevens[, 2], type = 'l', col = 'red', xaxt = 'n', yaxt = 'n', xlab = '', ylab = '')

You have some axis issues as well. There is no 24 hour, we usually call this the 0 hour. And 24 * 3 = 72, not 74, so  our maximum hour (starting at 0) is 71:
axis(1, at= 0:71, labels = rep.int(0:23,3), las = 2)

Here is the resulting plot on your sample data. It should "work" on your full data, but I agree with Marc that it is probably too  many labels. Using a POSIXct date-time format is the best way to flexibly make adjustments.

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These resources provide Canadian information to help you plan programs that improve access to nutritious food. For more information, please visit the Best Practices section for interventions related to food security.
Food insecurity in Canada (PDF document), Statistics Canada (2015).
Better health: An analysis of public policy and programming focusing on the determinants of health and health outcomes that are effective in achieving the healthiest populations, National Collaborating Centre for Determinants of Health (2012).
First Nations food, nutrition and environmental study, Assembly of First Nations.
Aboriginal food security in northern Canada: An assessment of the state of knowledge (PDF document), Council of Canadian Academies (2014).
Canada's nutrition and health atlas.
Monitoring household food insecurity over time.
Measuring the food environment in Canada, (2013).
The increase in food prices between 2007 and 2012, (2013).
Household food insecurity, data tables (includes provincial/territorial data) (2012).
Associations between household food insecurity and health outcomes in the Aboriginal population (excluding reserves) (2011).
Household food insecurity, 2007–2008, article.
The food insecurity-obesity paradox as a vicious cycle for women: A qualitative study (PDF document), Atlantic Centre of Excellence in Women's Health (2012).
Cost of eating in British Columbia 2011, Dietitions of Canada.
Food for thought: The issues and challenges of food security (PDF document), Provincial Health Services Authority (2010).
2014 Nunavut food price survey (PDF document), Nunavut Bureau of Statistics (2014).
Sécurité et insécurité alimentaire chez les Québécois : Une analyse de la situation en lien avec leurs habitudes alimentaires (PDF document) (French only). Report on the household food security in Quebec based on information from Statistics Canada. Institut national de santé publique du Québec (2011).
Proportion of the population 12 years and over in food insecure situations by different dimensions, Quebec, 1998-1999 to 2003, Institut national de santé publique du Québec (2008).
Cartographies of salt: Sodium, healthy eating and the build environment, Prairie Women's Health Centre of Excellence (2013).
Food and agriculture organization of the United Nations (FAOSTAT), time series and cross-sectional data on hunger, food and agriculture for 245 countries from 1961 to present.
Working with grocers to support healthy eating, Health Canada (2013).
Canada's fifth progress report on food security: In response to the World Food Summit plan of action, Agriculture and Agri-Food Canada (2008).
Some provincial/territorial and international strategies on healthy eating also include information on food security.
BC food security gateway, Web portal. Provincial Health Services Authority and Public Health Association of BC.
Food security: Programs & initiatives, Ministry of Health.
Promoting healthy eating and sustainable local food in BC: An action framework for Public Institutions-Health Authorities, Educational Institutions, Childcare facilities and local governments (PDF document), Provincial Health Services Authority (2011).
Action plan: Food security (PDF document), Government of Manitoba (2013).
Northern healthy foods initiative, Government of Manitoba.
Nunavut food security strategy and action plan 2014-2016 (PDF document), Government of Nunavut (2014).
Hunger in Nunavut: Local food for healthier communities, Action Canada (2014).
Nunavut food security coalition, in collaboration Government of Nunavut.
A better Yukon for all: Government of Yukon's social inclusion and poverty reduction strategy, (includes reducing inequities in access to food) (2012).
Yukon nutrition framework (PDF document), Government of Yukon (2010) .
Increasing food security: CIDA's food security strategy (PDF document), Canadian International Development Agency.
USAID: Agriculture and food security.
Strategic plan 2008-2013, World Food Programme.
Comprehensive framework for action, The Secretary-General's High-Level Task Force on the Global Food Security Crisis (2008).
Evaluating outcomes of community food actions: A guide, Public Health Agency of Canada (2012).
Model Core Program Paper: Food Security (PDF document), Population and Public Health, BC Ministry of Health (2014).
A seat at the table: Resource guide for local governments to promote food secure communities (PDF document), Provincial Health Services Authority (2008).
Community food assessment guide (PDF document), Provincial Health Services Authority (2008).
Ontario nutritious food basket guidance document (PDF document), Ministry of Health Promotion (2010).
Food security communications toolkit (PDF document), Improved Global Governance for Hunger Reduction (2012).
Comprehensive food security and vulnerability analysis (CFSVA) guidelines-First edition, World Food Programme (2009).
Food subsidy programs and the health and nutrition status of disadvantaged families in high income countries: A systematic review, (2012).


text:
Logan Heath
meet our students staff and alumni
Being homeschooled since he was a young child, Logan Heath was always at the top of his class. The support he received after enrolling at MiraCosta College ensured that wouldn't change as he pursued his education.
Heath graduates May 26 as a recipient of the Medal of Honor, MiraCosta College's highest academic award. He leaves with an associate degree in mathematics and a 4.0 grade point average – and an acceptance letter to UC Berkeley, where he will major in mathematics with a minor in logic. His long-term goals include a master's degree or Ph.D. in math and a career as a math professor – perhaps at MiraCosta College.
"I could definitely see myself working as a math professor at MiraCosta someday," Heath said. "It's a wonderful campus and a great school in a beautiful area."
He's getting a good start. Heath has been getting positive reviews helping students understand the concepts behind calculus and trigonometry as a math coach in the Math Learning Center (MLC) at the Oceanside Campus.
"Working in the tutoring center allows me see how MiraCosta is doing such a good job in helping students succeed, especially in a challenging subject that can give some students trouble like math or physics," said Heath, whose younger sister also attends the college. "The support services here are excellent."
MiraCosta professors speak even more highly of Heath.
"I have seen many examples of Logan's talent and have been impressed by his diligence and work ethic," said mathematics professor Dr. Lemee Nakamura. "He is an exceptional student who shows initiative and creativity, as well as a mathematical maturity unusual for student at that level. I have never met a student whose eyes would light up at every topic of mathematics that he was introduced to. As a former mathematics researcher, I believe that learning and appreciating mathematics requires creativity, analytical, organizational and critical reasoning skills, and most importantly, a passion for learning. Logan has demonstrated all of the above while he was taking my classes and with mastery of the subject."
For Heath, attending MiraCosta College was a no-brainer.
Born in San Luis Obispo but raised most of his life in the Oceanside-Carlsbad area, Heath was homeschooled and earned his high school diploma in 2013. He enrolled at MiraCosta that fall.
"When I graduated from high school, I really didn't know what I wanted to do," he said. "So MiraCosta College was a natural choice. It was close. It was affordable. And it allowed me time to explore my options. It just made sense."
Heath started took only a couple courses in the fall, and sat out the following spring semester to ponder his options, before returning in the fall of 2014 with a full schedule of courses that included calculus, political science and English. The turning point came through his second semester calculus course when he began to discover his love of mathematics.
"I had a couple of great math professors, Dr. Zika Perovic and Dr. Lemee Nakamura, who inspired me to take a closer look at mathematics, and I just came to like the puzzles behind these problems," he said. "The beauty and the logic, the philosophy and science, it all comes together with mathematics."
Added Heath: "The instructors here have been phenomenal. They're personable, they talk to you, and they help you along."

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text:
In vitro fertilisation...
In vitro fertilisation for all?
BMJ 2003; 327 doi: https://doi.org/10.1136/bmj.327.7414.511 (Published 04 September 2003) Cite this as: BMJ 2003;327:511
Richard E Ashcroft, Leverhulme senior lecturer in medical ethics (r.ashcroft@imperial.ac.uk)
Department of Primary Health Care and General Practice, Imperial College London, London W6 8RP
The question is for local purchasers to answer, not for NICE
The National Institute for Clinical Excellence (NICE) was established in 1999 to provide authoritative advice to the NHS on the clinical and cost effectiveness of medical technologies, to devise and approve guidelines for the use of such technologies, and to contribute to improvement of quality in the NHS. In late 2000 it was asked by the then secretary of state for health, Alan Milburn, to consider treatment of fertility in the NHS. It has now produced draft guidelines for consultation.1
By far the largest part of this guideline is an exemplary series of evidence based recommendations about particular techniques and protocols used in the management of infertility. Most media attention has been paid, however, to the proposed recommendation about the level of service to be provided to couples experiencing difficulties in conceiving. NICE proposes that all couples meeting certain clinical criteria should have up to three complete cycles of in vitro fertilisation free on the NHS.
Central to the rationale of NICE is the view …
Richard E Ashcroft
Ashcroft Richard E. In vitro fertilisation for all? BMJ 2003; 327 :511
Articles by Richard E Ashcroft
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