Labor Education for Graduating Students (LEGS)

cocoi marquez (Palawan 9/2008)

Labor Education

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cocoi marquez (Palawan 9/2008) 2

This is a timed test!! You are given three (3) minutes to complete this

mental agility test INSTRUCTIONS :

1) Read all that follows before doing anything . 2) Write your name in the upper left hand corner on a

piece of paper. 3) Write total of 4+4 +8 +64 in your paper. 4) Place your signature at the lower right hand corner

on a piece of paper. 5) When you get to this point in the test, stand up, then

sit down and continue with the next item. 6) Underline instruction above. 7) On the reverse side of the paper, add 1111 and 2222. 8) Encircle your answer. 9)If you have carefully followed all these instructions,

call out “I have”. 10) Now that you have finished reading all the

instructions carefully, do only those things called for in items 1 and 2.

3cocoi marquez (Palawan 9/2008)



DOLE-Palawan Field Office

GF,City Coliseum, San Pedro, PPC

NLRC

TESDAOWWA

Welfare BenefitsAdjudication proceedingsSkills training

PESO

Job Referral

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NAME ADDRESS CP NO.

1. EVELYN SABAY2. NADIA LARANG3. NENITA BESAGA4. ANITA MANGIGIN5. JOIE PIRAMIDE6. ELENITA GABARDA7. VANGELINE BUNGCAG8. AMANDA PINOON9. RUEN TIGKAL10. ARISTOBAL BOOC11. CRISTO MAGBANUA12. CINDERELLA PALOMAR13. ROGELDA REYES14. CORAZON SUMANTING15. JOEL LAGROSA16. LYDIA MANUEL17. URDUJA SASPA18. NELLY CALAMBA19. JOSEPHINE MAYO20. TRIFONIA ABUACAN21. GEORGE BALOFINOS

ABORLANAGUTAYAARACELIBATARAZABROOKESPOINTBUSUANGACAGAYANCILLOCORONCULIONCUYODUMARANEL NIDOESPANOLALINAPACANMAGSAYSAYNARRAQUEZONRIZALROXASSAN VICENTETAYTAY

0999-1984140092824608360928-90188470928-50303630928-33341490908-48899140905-78876670919-474-82620999-655-61360912-41655770949937-72010910-72880230915-28853670949-336-04150999-757-20600915-62653180908-27607770909-14062000946-373-72790928-346-92010906-6145479

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1. Equal opportunities;2. Security of Tenure;3. Work Days and Work Hours;4. Wages and Wage-Related Benefits;5. Safe Working Conditions;6. Rest Days and Holidays;7. Leaves;8. Right to Self-Organization and

Collective Bargaining;9. Worker’s Participation and Tripartism;

and10. Social Security Benefits



1 . . EQUAL OPPORTUNITIES (Article 13, sec (Article 13, sec 3, Constitution)3, Constitution) The state shall provide equal work

opportunity, regardless of gender, race, creed, and to regulate employee-employer relationship

22. . SECURITY OF TENURE (Article 280 of (Article 280 of Labor Code)Labor Code) No employee shall be dismissed from work

EXCEPT for a just or authorized cause and after due process.


3.WORK DAYS AND HOURS OF WORK Work day is any day which an is any day which an

employee is required to workemployee is required to work

Hours of work refers to all the time refers to all the time an employee renders actual work or is an employee renders actual work or is required to be on duty or to be as required to be on duty or to be as prescribed in the workplace.prescribed in the workplace.

Normal hours of work in a day isin a day is 8 hours.hours.


4.4.WAGE/ WAGE RELATED BENEFITS

WAGE = =Amount paid to an employee in exchange for a task, piece of work or service rendered for an employer. Includes overtime, night

differential, rest day, holiday and 13 th month pay.

Includes fair and reasonable value of board, lodging and other facilities furnished by the employer.


55. SAFE WORKING CONDITIONS- Appropriate seats, lighting and ventilation

- Adequate passageways, exits and fire fighting equipment

- Separate facilities for men and women (CR)

- Appropriate safety devices (helmets, etc.)

- Medicines, medical supplies, first aid kits;

- Free medical and dental services and facilities, the kind of which depends on the number of employees and the nature of work


6. 6. REST DAYS AND HOLIDAYS

Rest day refers to any rest period of not less than 24 consecutive hours after not more than six (6) consecutive work days. (1 day)

Holidays or Special Days refer to days classified as such by law or declared by competent public authority whether or not it falls on an employee’s work day or rest day.


77 . . LEAVE An employer is obliged to extend to

its employees the following: Service Incentive Leave (SIL of 5 Service Incentive Leave (SIL of 5

days)days) Maternity Leave (2 months)Maternity Leave (2 months) Battered Women Leave (10 Battered Women Leave (10

daysdays..RA9262) Paternity Leave (7 days)Paternity Leave (7 days) Solo Parent Leave (RA 8972;7 days)Solo Parent Leave (RA 8972;7 days) Magna Carta for Women (2months Magna Carta for Women (2months

gynecological)gynecological)cocoi marquez (Palawan 9/2008) 15

8.RIGHT TO SELF-ORGANIZATION & COLLECTIVE BARGAINING

The right of every worker , , free of any interference from the employer or from the government, to form or join any legitimate workers’ organization, association or union of his or her own choice.

An employee is eligible for membership in an appropriate union on the first day of employment.


9.WORKERS’ PARTICIPATION & TRIPARTISM

- Right to a just share in the fruits of production (profits) ;

- Entitled to reasonable returns on their investment and to expansion and growth; and

- Workers have the right to participate in policy and decision making processes in matters directly affecting them.


1010. SOCIAL WELFARE BENEFITS Social Security Law (RA 8282) PD 626- Employees 'Compensation

Law Philhealth ( RA 9241) Housing Program (PAG-ibig-RA

7742) Retirement Law (RA 7641)


Right to hire employees on permanent & probationary period;

Right to manage people & to prescribe rules & regulations;

Right to discipline employees; Right to transfer employees on justified

causes; Reduce Personnel for authorize causes; Right to Dismiss employees to prevent

losses; and Right to close establishment or cessation

of operationcocoi marquez (Palawan 9/2008) 19

Due Process Procedural Due Process

a) Notice b) Hearing

Substantive Due Process Just Cause (282) –not entitledAuthorized (283/284) -entitled(hearing not required)


Due process requires that the employer must furnish the worker sought to be dismissed with two (2) written notices before termination of his employment may be made. 1) Acts or omissions; 2) Reasons/decision to terminate. (Procedural)


PROCEDURE for the two (2) notice rule:

Notice in writing to the employee stating clearly and distinctly the act or omission committed by the employee;

Require the employee to submit a written explanation of his side of the issue within five (5) days or 72 hrs.;

Give the employee the opportunity to submit evidence for his defense; and

Issue a letter-memorandum stating the decision of management.


Art. 282- Termination by Employer/Just Causes: (No separation pay) 1) Serious Misconduct ; 2) Gross Habitual neglect of

duties; 3) Fraud/willful breach of

trust; 4) Commission of a

crime/offense by employee against employer;

5) other causes analogous to the foregoing.


AUTHORIZED CAUSE (Article 283/284)

refers to an economic circumstance not due to the employee’s fault, like introduction of labor saving devices, redundancy, and retrenchment to prevent losses, closure or cessation of business (Art.283)and disease (Art. 284). (entitled to separation pay)

DUE PROCESS for AUTHORIZED CAUSE refers to the written notice of dismissal to the affected employee/s at least 30 days before the date of termination and to the DOLE. cocoi marquez (Palawan 9/2008) 24

Kinds of Separation Pay

a)separation pay due to authorized cause;

b) as a financial assistance, as an act of statutory obligation;

c) in lieu of reinstatement in illegal dismissal cases ; and

d) as an employee benefit granted in a CBA or company policy. 25cocoi marquez (Palawan 9/2008)

REGULAR HOLIDAYS (12)New Year’s Day January 1 (Tuesday)Maundy Thursday movable date (March 28)Good Friday movable date (March 29)Araw ng Kagitingan April 9 (Tuesday)Labor Day May 1 (Wednesday)Independence Day June 12 (Wednesday)National Heroes Day Last Monday of

August (26)Bonifacio Day Nov. 30 (Saturday)Christmas Day December 25

(Wednesday)Rizal Day December 30 (Monday)Edil ’Fit’r movable dateEidul Adha (Feast of Sacrifice) movable date


SPECIAL (non-working)HOLIDAYS

Black SaturdayBlack Saturday March 30 (Saturday)March 30 (Saturday)Ninoy Aquino DayNinoy Aquino Day August 21 (Wednesday)August 21 (Wednesday)

All Saints’ Day November 1 (Friday) Addtl Non-Working Day November 2 (Saturday)

Addtl Non-Working Day December 24 (Tuesday)Last day of the year December 31 (Tuesday)

***Puerto Princesa Day March 4, 2013 (Monday)

Election day May 13, 2013SPECIAL HOLIDAY (For Schools Only)

EDSA REVOLUTION - February 25 (Monday)Note: Proclamation No. 459 by Pres. Noy Aquino


Without Just Cause: By serving a written notice to

employer at least one (1) month in advance . . (The employer upon whom no such notice was served may hold the employee liable for damages)

With Just Cause: An employee may put an end to the

relationship without serving any notice on the employer for any of the following reasons ::


With Just Cause: Serious insult by the employer or his

representative on the honor and person of the employee;

Inhuman and unbearable treatment accorded by the employer to the employee or his representative;

Commission of a crime or offense by the employer or his representative against the person of the employee of any the immediate members of his family; and

Other causes analogous to the foregoing. cocoi marquez (Palawan 9/2008) 29

Kinds of Employees


APPRENTICE – worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the labor Code in an approved apprenticeable occupation (c/o TESDA-6 months)

LEARNER – a person hired as a trainee in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three months.(c/o TESDA-3 months)

HANDICAPPED – one whose earning capacity is impaired by age, physical or mental deficiency or injury cocoi marquez (Palawan 9/2008) 31

Employed in connection with a particular project or undertaking; the termination of which has been determined at the time of the engagement of the employee.


One engaged on a probationary (trial) basis. During the trial period, the employer shall determine whether or not he is qualified for permanent employment. (6 months)

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One employed by a contractor or subcontractor to perform or complete a job, work, or service pursuant to an arrangement between the latter and the principal



The employment is deemed to last only for the duration of the season. However, seasonal employees who are consistently rehired after every season are considered merely on leave of absence with pay. The employment relationship is not severed but only suspended. As such, they are considered in regular employment (Manila Hotel vs. CIR,9 SCRA 184) 34

Engaged to perform work that is usually necessary or desirable in the usual business or trade of the employer; or has rendered at least one year of service (whether continuous or broken) with respect to the activity in which he is employed.


Those not regular, contractual or seasonal;

One where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such job, work or service is for a definite period made known to the employee at the time of engagement ..


One is simply given a contract for a fixed period of time. It expires at the end of that period. However, project employment has also been treated by the SC as covered under this (PNOC v NLRC)


Destiny thru PERSEVERANCE & HARD WORK

5- Father Died 14- School Drop Out 16- Lied about His Age 18- got married, fired from job,

wife left him Sell insurance & tires, run a gas

station, drive a ferry boat 65-received social security

check of 105$ 1008 th restaurant agreed to the

proposal COL HARLAND SANDERS


Ant Philosophy ANTS NEVER QUIT

Headed somewhere, stop them, look Headed somewhere, stop them, look for another wayfor another way

ANTS THINK WINTER ALL SUMMER Gather winter food in the middle of Gather winter food in the middle of

summersummer ANTS THINK SUMMER ALL WINTER

““This won’t last long; we’ll soon be This won’t last long; we’ll soon be out of here”out of here”

ANTS DO ALL THAT THEY POSSIBLY CAN ““gather food all that it can possibly gather food all that it can possibly

can”can”cocoi marquez (Palawan 9/2008) 39

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Date post:	08-Jul-2015
Category:	Education
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