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Tuesday, August 13, 2013

Special Labor Laws

RA 6640 : AN ACT PROVIDING FOR AN INCREASE IN THE WAGE OF PUBLIC OR GOVERNMENT SECTOR EMPLOYEES ON A DAILY WAGE BASIS AND IN THE STATUTORY MINIMUM WAGE AND SALARY RATES OF EMPLOYEES AND WORKERS IN THE PRIVATE SECTOR AND FOR OTHER PURPOSES
  • December 10, 1987
  • all workers and employees in the government sector shall have an increase of P10.00 per day
  • private sector: increase of P10.00 per day
    • non-agri workers and employees outside of Manila - P11.00
      • if already receiving above minimum wage, P10.00
    • domestic helpers and persons employed in personal services of another not included
  • when distortion in wage gives rise to a dispute, it shall be settled voluntarily through compulsory arbitration by NLRC's branch having jurisdiction over the workplace
    • wage distortion shall mean a situation where a legislated increase in the minimum wages results in the elimination or severe contraction on intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions  embodied in such wage structure 
  • all workers paid by result shall receive not less than the statutory minimum wage per 8hrs work a day or a proportion thereof for work less than 8hrs per day
  • learners, apprentices, handicapped workers shall receive not less than 75% of the applicable minimum wage 

RA 6727 : AN ACT TO RATIONALIZE WAGE POLICY DETERMINATION BY ESTABLISHING THE MECHANISM AND PROPER STANDARDS THEREFOR, AMENDING FOR THE PURPOSE ARTICLE 99, AND INCORPORATING ARTICLES 120, 121, 122, 123, 124, 126, 127 INTO, PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, FIXING NEW WAGE RATES, PROVIDING WAGE INCENTIVES FOR INDUSTRIAL DISPERSAL TO THE COUNTRYSIDE, AND FOR OTHER PURPOSES

  • also known as the "Wage Rationalization Act"
  • amending Arts. 99, 120-124, 126-127 of PD 442 (Labor Code of the Philippines)
  • all private establishments with 25 employees and located within 1 km radius to a commercial, savings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages fixed by PD 442
  • National Wages Council under EO 614 and National Productivity Commission under EO 615 are hereby abolished.

RA 6758 : AN ACT PRESCRIBING A REVISED COMPENSATION AND POSITION CLASSIFICATION SYSTEM IN THE GOVERNMENT AND FOR OTHER PURPOSES

  • also known as the "Compensation and Position Clarification Act of 1989"
  • August 21, 1989
  • shall apply to all positions, appointive or elective, on full time or part time basis created in the government, including GOCCs and government financial institutions
  • amending PD 985
  • salary grade, level 33 as the highest for the President of the Philippines

RA 8042 : MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

  • Definitions: 
    • overseas filipino worker - person who is to be engaged or has been engaged in a renumerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on installation located offshore or on high seas; to be used interchangeably with migrant worker (as amended by Sec. 2, RA 10022) 
    • gender-sensitivity - shall mean cognizance of the inequalities and  inequities prevalent in the society between men and women and a commitment to address issues with concern for the respective interest of the sexes
    • overseas filipinos - refers to dependents of migrant workers and other Filipino nationals abroad who are in distress
  • the state shall deploy overseas Filipino workers only in countries where the rights of the Filipino migrant workers are protected
  • guarantees of the receiving country for the protection and the rights of the overseas Filipino workers: 
    • it has existing labor and social laws protecting the rights of the migrant workers
    • it is a signatory to multilateral conventions, declarations on resolutions relating to the protection of the migrant workers
    • it has concluded a bilateral agreement or arrangement with the government protecting the rights of the overseas Filipino workers (as amended by Sec. 3, RA 10022)
  • POEA, after consultation with DFA, may impose a ban on deployment of migrant workers
  • any official or employee of DOLE, POEA or OWWA or their relatives within the fourth civil degree of consanguinity or affinity are prohibited to engage in the business of recruiting migrant workers as defined. 
  • illegal recruitment complaint shall be filed with RTC of the province or city where the offense was committed
  • Labor Arbiters of NLRC shall have original and exclusive jurisdiction over the claims arising out of an er-ee relationship 
  • illegal recruitment cases under this Act shall prescribe in 5 years; for illegal recruitment cases involving economic sabotage shall prescribe in 20 years
  • the agency which recruited or deployed the worker is responsible to the repatriation of the worker and the transport of his personal belongings
    • if the termination of the employment is due to the worker's fault, agency is not responsible
    • OWWA shall undertake the repatriation of the workers in cases of: 
      • war 
      • epidemic
      • disasters or calamities
  • underaged migrant workers should be repatriated

EO 797 : REORGANIZING THE MINISTRY OF LABOR AND EMPLOYMENT, CREATING THE PHILIPPINE OVERSEAS AND EMPLOYMENT ADMINISTRATION AND FOR OTHER PURPOSES

  • creation of  Bureau of Labor Employment which shall assume the functions of Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services
  • creation of POEA which shall assume the functions of the Overseas Employment Development Board, the National Seamen Board, and the overseas employment functions of the Bureau of Employment Services
  • May  1, 1992

EO 111, amending certain provisions in the Labor Code of the Philippines




  • article 60, 61
  • LOI 1458 is repealed






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