President Benigno Aquino vetoed the proposed law increasing the monthly Social Security System (SSS) pension by P2,000. According to President Aquino, the pension increase will result in the bankruptcy of the SSS in the next 11 years. If we ask the millions of retired workers, they will most likely say that the existing pension is not enough for their daily subsistence. One of the sponsors of the propose law, Senator Cynthia Villar, explained the reasons why the monthly SSS pension should be increased by two thousand pesos (PhP2,000) across the board. Here are portions lifted/revised from the sponsorship speech of Senator Villar:
[This joke reminds me of stories told by clients and fellow HR practitioners. It’s a funny way of illustrating what we’ve been trying to avoid when it comes to the recruitment of employees. If you find this closer to the truth, just remember that jokes, they say, are half meant. Here, share a smile:] Continue reading
Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice? Continue reading
Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. Service incentive leave, as provided in Art. 95 of the Labor Code, is a yearly leave benefit of five (5) days with pay, enjoyed by an employee who has rendered at least one year of service. Continue reading
On 14 November 2011, the Department of Labor and Employment (DOLE) issued Department Order No. 18-A, which becomes effective fifteen (15) days after completion of its publication in a newspaper of general circulation. Considering that Department Order 18-A was published on 19 November 2011, it shall take effect on 4 December 2011. Continue reading
Last year, we noted that the Department of Labor and Employment (DOLE) is trying to address the problem of at least a million “discouraged workers“, or jobless people available for work but are not actively seeking employment, as well as the prevailing skills mismatch among workers. According to a report, “jobseekers have difficulty finding jobs because they possess skills that are not needed by companies.” It takes “months or almost a year for employers to find the right workers to fill in vacancies in their companies,” the report quotes Criselda Sy, director of DOLE’s Bureau of Local Employment. Continue reading
I received an interesting email asking if tattoos would adversely affect the chances of getting good employment, specifically, whether there’s any legal provision that prohibits an employer from discriminating against individuals who have tattoos. Continue reading
REPUBLIC OF THE PHILIPPINES
Congress of the Philippines
First Regular Session
REPUBLIC ACT NO. 10151
AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Article 130 of the Labor Code is hereby repealed.
SEC. 2. Article 131 of the Labor Code is hereby repealed.
SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows:
“Employment of Night Workers
“Art. 154. Coverage.— This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five o’clock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers’ representatives/labor organizations and employers.
‘”Night worker’ means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers’ representatives/labor organizations and employers.”
“Art. 155. Health Assessment, – At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:
“(a) Before taking up an assignment as a night worker;
“(b) At regular intervals during such an assignment; and
“(c) If they experience health problems during such an assignment which are not caused by factors other than the performance of night work.
“With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to others without the workers’ consent and shall not be used to their detriment.”
“Art. 156. Mandatory Facilities.— Suitable first-aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.”
“Art. 157. Transfer.— Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.
“If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.
“A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.”
“Art. 158. Women Night Workers.— Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:
“(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;
“(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child:
“(1) During pregnancy;
“(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers.
“During the periods referred to in this article:
“(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.
“(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.
‘Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work.
“The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.
“The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws.”
“Art. 159. Compensation.— The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work.”
“Art. 160. Social Services.—Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work.”
“Art. 161. Night Work Schedules.— Before introducing work schedules requiring the services of night workers, the employer shall consult the workers’ representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly.”
SEC. 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442 are hereby renumbered accordingly.
SEC. 6. Application.— The measures referred to in this chapter shall be applied not later than six (G) months from the effectivity of this Act.
SEC. 7. Guidelines.— The DOLE shah promulgate appropriate regulations in addition to existing ones to ensure protection, safety and welfare of night workers.
SEC. 8. Penalties.— Any violation of this Act, and the rules and regulations issued pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity.
SEC. 9. Separability Clause.— If any portion of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby.
SEC. 10. Repealing Clause.— All laws, acts, decrees, executive orders, rules and regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed.
SEC. 11 Effectivity Clause.— This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.
Approved: June 21, 2011.
On 17 November 2008, President Gloria Macapagal-Arroyo issued Executive Order 758, providing for a Special Visa for Employment Generation (SVEG). The SVEG is a special visa issued to a qualified non-immigrant foreigner who shall actually employ at least 10 Filipinos in a lawful and sustainable enterprise, trade or industry. Continue reading