0% found this document useful (0 votes)
11 views14 pages

FP1 - Module 7

This module from INITAO College's College of Criminology focuses on workers' values and the role of the Bureau of Local Employment (BLE) in improving labor conditions in the Philippines. It outlines the intended learning outcomes, including understanding labor rights and duties, illegal recruitment practices, and the responsibilities of the Philippine Overseas Employment Administration (POEA). Additionally, it emphasizes the state's policy on child protection and the legal framework surrounding employment, particularly for minors.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
11 views14 pages

FP1 - Module 7

This module from INITAO College's College of Criminology focuses on workers' values and the role of the Bureau of Local Employment (BLE) in improving labor conditions in the Philippines. It outlines the intended learning outcomes, including understanding labor rights and duties, illegal recruitment practices, and the responsibilities of the Philippine Overseas Employment Administration (POEA). Additionally, it emphasizes the state's policy on child protection and the legal framework surrounding employment, particularly for minors.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 14

MODULE WEEK NO.

7
INITAO College
University Jampason, Initao, Misamis Oriental
Logo

College of Criminology
FP1: Values Development
1st Semester of A.Y. 2022-2023
Introduction

This module will discuss the continuation of the topic workers values; it focuses on the
discussions of the Bureau of Local Employment and among others.

Rationale
COURSE MODULE

The BUREAU OF LOCAL EMPLOYMENT (BLE) is a “bureau” under the Department of


Labor and Employment which aims to improve the local labor and employment
situation in the Philippines.

Intended Learning Outcomes

At the end of this module, students are expected to:


A. The proper working values, the common problem on labor and some important
rights and duties of the employers and employees as provided for under the
Labor Code and pertinent legislations. The Constitutional provisions on
education as well as some provisions of pertinent laws; and,

B. Likewise students are expected to know and be able to assert for the benefits
due to the employees as provided for under the Labor Code and pertinent laws.

Activity

1. Interactive and thorough discussions on the topic.


2. Exercises to enhance the learning of the students.
3. At home Activity that will practice the knowledge that the students acquired
through concept mapping.

Discussion

Bureau of Local Employment


1
MODULE WEEK NO.7

Statement of Objectives

It is the policy of the state:

a. To promote and maintain a state of full employment through improved


manpower
training, allocation and utilization;
b. To protect every citizen deserving to work locally or overseas by securing for
him the
best possible terms and conditions of employment;
c. To facilitate a free choice of available employment by persons seeking work in
conformity with the national interest;
d. To facilitate and regulate the movement of workers in conformity with the
national
interest;
e. To regulate the employment of aliens, including the establishment of a
COURSE MODULE

registration/ and or work permit system;


f. To strengthen the network of public employment offices and nationalize the
participation of the private sector in the recruitment and placement of workers,
locally and overseas to serve national development objectives;
g. To ensure careful selection of Filipino workers for overseas employment in order
to
protect the good name of the Philippines abroad (Art. 12, Labor Code as
amended).

Illegal Recruitment for Local Employment

Article 38 of the Labor Code as amended providing for illegal recruitment is deemed
confined for local employment since as regards the overseas, the illegal recruitment is
provided in Section 7 RA 8042 otherwise known as Migrant workers and Overseas
Filipinos Act of 1995.

The illegal recruitment as provided under Article 38 are as follows:

1. Any recruitment activities, including the prohibited practices enumerated under


Article 34 of this Code, to be undertaken by non-license or non-holders of
authority shall be deemed illegal and punishable under Article 39 of this Code.
The Secretary of Labor and Employment or any law enforcement officer may
initiate complaints under this article;
2. Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage and shall be penalized in
accordance with Article 39 hereof;

Illegal recruitment is deemed committed by a syndicate if carried out


by a
group of three (3) or more persons conspiring and or confederating with one
another in carrying out any unlawful or illegal transaction, enterprise or scheme
defined under the first paragraph hereof.
2
MODULE WEEK NO.7
3. Paragraph C of Article 38 of the Labor Code as amended was declared by the
Supreme Court as null and void for being unconstitutional in the case of Salazar
vs. Achacozo, et al G.R. No. 81510 March 14, 1990 because only the court can
issue Search Warrant and Warrant of Arrest.

Philippine Overseas Employment Administration (POEA)

Seaman
Seaman means any person employed in a vessel engaged in maritime navigation
(Art. 13 (g) Labor Code as amended).

Overseas Employment
Overseas employment means employment of a worker outside the Philippines
(Art. 13 (h) labor Code as amended).

It is an employment of a worker outside the Philippines covered by a valid


contract (POEA Rules and Regulations Governing the Recruitment and Employment of
COURSE MODULE

Land Based overseas Worker, Feb. 2, 2004).

Emigrant
Emigrant means any person, worker or otherwise who emigrates to a foreign
country by virtue of an immigrant visa or resident permit or its equivalent in the
country of destination (Art. 13 (1) Labor Code as amended)).

No Private Employment Agency


Except as provided by law, no person or entity, other than the public employment
offices, shall engage in the recruitment and placement of workers (Art. 16, Labor Code
as amended).

Philippine Overseas Employment Administration (POEA)

Philippine Overseas Employment Administration (POEA) was created by Executive


Order No. 797 issued on May 1, 1987. Thus, modifying Art. 17 of the Labor Code as
amended.

While the functions of POEA are provided by Executive Order No. 247 issued on
July 27, 1987 as follows:

1. Regulate private sector participation in the recruitment and overseas placement


of
workers by setting up a licensing and regulation system;
2. Formulate and implement in coordination with appropriate entities concerned,
when necessary, a system for promoting and monitoring the overseas
employment Filipino workers taking into consideration their welfare and the
domestic manpower requirements;
3. Protect the rights of the Filipino workers for overseas employment to fair and
equitable recruitment and employment practices and ensure their welfare;
4. Exercise original and exclusive jurisdiction to hear and decide violation of the

3
MODULE WEEK NO.7
conditions for issuance of license or authority to recruit workers (Sec. 3, EO No.
247)

Ban on Direct Hiring

No employer may hire a Filipino worker for overseas employment except


through the POEA and entities authorized by the Secretary of Labor.

Direct hiring by members of the diplomatic corps, international organizations


and such other employers as may be allowed by the Secretary of Labor is exempted
from this provision (Art. 18 Labor Code as amended).

Mandatory Remittance of Foreign Exchange Earnings

It shall be mandatory for all Filipino workers abroad to remit a portion of foreign
exchange earnings to their families, dependents, and or beneficiaries in the country in
accordance with rules and regulations prescribed by the Secretary of Labor (Art, 22,
Labor Code as amended).
COURSE MODULE

Prohibited Practices

It shall be unlawful for any individual, entity, license or holder of authority.

1. To charge or accept, directly or indirectly, any amount greater than that


specified in the schedule of allowable fees prescribed by the Secretary of Labor
or to make a worker pay any amount greater than that actually received by him
as a loan or advance;
2. To furnish or publish any false notice or information or document in relation to
recruitment of employment;
3. To give any false notice, testimony, information, or
document or commit any act of misrepresentation for the purpose of securing a
license or authority under this Code;
4.To induce or to attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is designed to
liberate
the worker from oppressive terms and conditions of employment;
5. To influence or to attempt to influence any person or entity, not to employ any
worker who has applied for employment through his agency;
6. To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to dignity of the Republic of the Philippines:
7. To obstruct or to attempt to obstruct inspection by the Secretary of Labor or by
his duly authorized representatives;
8. To fail to file reports on the status of employment, placement, vacancies,
remittance of foreign exchange earnings, separation from jobs, departures and
such other matters or information as may be required by the Secretary of Labor;
9. To substitute or alter employment contract approved and verified by the
Department of Labor from the time of actual signing thereof to the periods of
expiration of the same without the approval of the Secretary of Labor;

4
MODULE WEEK NO.7
10.To become an officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly or indirectly in the management of a
travel agency; and,
11.To withhold or deny travel documents from applicant workers before departure
for
monetary or financial considerations other than those authorized under this
Code
and its implementing rules and regulations. (Art. 34, Labor Code as amended)

Illegal Recruitment as regards the Overseas Workers

For purposes of this act (RA 8042) illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes
referring contract services, promising or advertising for employment abroad, whether
for profit or not, when undertaken by non-license or non-holder of authority
contemplated under Article 13 (1) of the Labor Code of the Philippines (PD 442 as
amended). Provided that any such license or non-holder, who in any manner, offers or
promises, for a fee employment abroad to two (2) or more persons shall be deemed so
COURSE MODULE

engaged in recruitment and placement. It shall likewise include the following acts
whether committed by any person, who is a non-license or non-holder of authority.

1. To charge or accept directly or indirectly any amount greater than that specified
in the schedule of allowable fees prescribed by the Secretary of Labor and
Employment or to make a worker pay any amount greater than that actually
received by him as a loan or advance;
2. To furnish or publish any false notice or information or document in relation to
recruitment or employment;
3. To give any false notice, testimony, information or document, or commit any act
of misrepresentation for the purpose of securing a license or authority under the
Labor Code;
4. To induce or to attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;
5. To influence or attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency:
6. To engage in the recruitment or placement of workers in jobs harmful to public
health or morality or to the dignity of the Republic of the Philippines;
7. To obstruct or attempt to obstruct inspection by the Secretary of Labor and
Employment or by his duly authorized representatives;
8. To fail to submit reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, remittance from jobs, departures and
such other matters or information as may be required by the Secretary of Labor
and Employment;
9. To substitute or alter to the prejudice of the worker, employment contract
approved

and verified by the DOLE from the time of the actual signing thereof by the
parties up to and including the period of the expiration of the same without the
5
MODULE WEEK NO.7
approval of the DOLE;
10.For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or
to be engaged directly or indirectly in the management of a travel agency;
11.To withhold or deny travel documents from applicant workers before departures
for monetary or financial considerations other than those authorized under the
Labor Code and its implementing rules and regulations:
12. Failure to actually deploy without valid reason as determined by the DOLE; and,
13.Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing, for purposes of deployment, in cases where the
deployment does not actually take place without the workers' fault. Illegal
recruitment when committed by syndicate or in large scale shall be considered
an offense involving economic sabotage (Sec. 6, RA 8042).

Presumption of Recruitment

There exists a presumption that the individual or entity is engaged in recruitment and
COURSE MODULE

placement whenever he is dealing with two or more persons to whom, in consideration


of a fee, an offer or promise of employment is made in the course of canvassing,
enlisting, contracting, transporting, utilizing, hiring or procuring of workers.
The number of persons dealt with is not an essential ingredient of the act of
recruitment and placement of workers. Any of the acts mentioned in Article 13 (b) (and
Section 6 of RA 8042 for overseas workers) will constitute recruitment and placement
even if only one prospective worker is involved (People vs. Panis 142 SCRA 664).

Illegal Recruitment Defined

Illegal recruitment as defined under Article 38 (a) of the Labor Code as amended is any
"recruitment activities", including the prohibited practices enumerated under Article 34
of the same Code, to be undertaken by non-license or non-holder of authority.

In the simplest terms, illegal recruitment is committed when a person who is not
authorized by the government, gives the impression that he or she has the power to
send workers abroad (People vs. Alvarez 265 SCRA 582-596).

Number is determinative in Illegal Recruitment

It is evident that in illegal recruitment cases, the number of persons victimized is


determinative. Where illegal recruitment is committed against a lone victim, the
accused may be convicted of simple illegal recruitment which is punishable with a
lower penalty under Article 39 © of the Labor Code. Corollarily, where the offense is
committed against three (3) or more persons, it is qualified to illegal recruitment in
large scale which provides a higher penalty (People vs. Ortiz Miyake 279 SCRA 80).

Illegal Recruitment when Considered an Economic Sabotage

An illegal recruitment is considered an economic sabotage when committed in large


scale or by syndicate.
It is a syndicate when committed by more than three persons conspiring or
6
MODULE WEEK NO.7
confederating with one another.
It is by large scale when committed against three (3) or more persons individually or
collectively (People vs. Navarra 352 SCRA 84).

Liabilities of Foreign Employer and The Local Employment Agency

The Local Employment Agency is Jointly & Severally Liable with the Foreign
Principal

The Local Employment Agency is solidarily liable with the foreign principal for any
breach of the employment contract with the overseas worker (Sevillana vs. L.T.
International Corp. 356 SCRA 451).

Employment of Minors
Articles 139 and 140 of the Labor Code on the employment of Minors are superseded
by RA 7610 otherwise known as the Special Protection of Children against child abuse,
exploitation and discrimination act approved on June 17, 1992.
COURSE MODULE

State Policy on Child Protection


It is hereby declared to be the policy of the state to provide special protection to
children from all forms of abuse, neglect, cruelty, exploitation and discrimination and
other conditions prejudicial to their development, provide sanctions for their
commissions and carry out program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and discrimination.
The state shall intervene on behalf of the child when the parent, guardian, teacher or
person having care or custody of the child fails and or unable to protect the child
against abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care or custody of
the same.
It shall be the policy of the state to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect their survival and
development and over which their survival and development have no control.
The best interest of children shall be the paramount considerations in all actions
concerning them, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities and legislative bodies consistent with the
principles of Fiscal Call for children as enunciated in the United Nations Conventions on
the rights of children. Every effort shall be exerted to promote the welfare of children
and enhance their opportunities for a useful and a happy life (Sec. 2, RA 7610).

Permit Requirement
In cases where any such child may be employed, the employer shall first secure,
before engaging such child, a work permit from the Department of Labor and
Employment (DOLE) which shall ensure observance of the requirement for the purpose
(ibid).
Prohibition of Children's Employment in certain Advertisement
No person shall employ child models in all commercials or advertisements promoting
alcoholic beverage, intoxicating drinks, tobacco and its by products and violence (Sec.
14, RA 7610).

7
MODULE WEEK NO.7
Duty of the Employer
The employer shall submit to the Department of Labor and Employment a report of all
children employed by him. A separate report shall be made of all such children who are
found to be handicapped after medical examination.
The Secretary of Labor shall refer such handicapped children to the proper government
or private agencies for vocational guidance, physical and vocational rehabilitation and
placement for employment (Art. 108 PD 603, Sec. 15, RA 7610).
Registration of Children
Every employer in any commercial, industrial or agricultural establishment or
enterprise shall keep:

1. A register of all children, employed by him, indicating the dates of their birth;
2. A separate file for the written consent to their employment given by their
parents or
guardians;
COURSE MODULE

3. A separate file for their educational and medical certificates; and,


4. A separate file for special work permits issued by the Secretary of Labor in
accordance with existing laws (Art. 109, PD 603; Sec. 15, RA 7610).
Obscene Publication and Indecent Shows
Any person who shall hire, employ, use, persuade, induce or coerce a child to perform
in obscene exhibition and indecent shows, whether live or in video, pose or model in
obscene publication or pornographic materials shall suffer the penalty of prison mayor
in its medium period.
If the child used as a performer, subject or seller / distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian or person entrusted in any capacity, with the care of a child
to be employed or to participate in an obscene play, scene, act, movie or show or in
any other acts covered by this section shall suffer the penalty of prison mayor in its
medium period (Sec. 9, RA 7610).
RA 7610 particularly Section 12 thereof relative to the employment of children was
further amended by RA 7658 which was approved on May 12. 1994 and read as
follows:

General Prohibition
Except as otherwise provided in these rules, children below 15 years of age shall
not be employed, permitted or suffered to work, in any public or private establishment
in the Philippines (Sec. 1, RA 7658).

Exception under RA 7658


The following shall be the only exceptions to the prohibition on the employment of
children below 15 years of age and the conditions for the availment of said exceptions:
a. When the child works directly under the sole responsibility of his/ her parents or
legal
8
MODULE WEEK NO.7
guardian who employs members of his/her family only, under the following
conditions:
1. The employment does not endanger the child's life, safety, health, and
morals:
2. The employment does not impair the child's normal development;
3. The employer parent or legal guardian provides the child with the primary
or secondary education prescribed by the Department of Education.
b. Where the child's employment or participation in public entertainment or
information through cinema, theater, radio or television is essential, provided
that:
1. The employment does not involve advertisement or commercial promoting
alcoholic beverages, intoxicating drinks, tobacco and its by-products or
exhibiting violence;
2. There is written contract approved by the Department of Labor and
Employment;
COURSE MODULE

3. The conditions prescribed in Sec. 3 (a) above (Sec.3, RA 7658).

Hazardous Activities for Persons below 18 years of Age (Minors)


The employment of persons below 18 year old is prohibited in a hazardous or
deleterious in nature as follows:

1. Works which expose children to physical, psychological or sexual abuses such as in:
a. Lewd shows (strip teaser, burlesque dancers and the like)
b. Cabarets
c. Bars KTV (karaoke bars)
d. Dance halls
e. Bath houses and massage clinics
f. Escort services
g. Gambling halls and places
2. Work underground, under water or dangerous heights or at unguarded heights two
meters and above, or in confined places, such as in:
a. Mining
b. Deep sea fishing/diving
c. Installing and repairing of telephone, telegraph, and electrical lines, cable
fitters:
d. Painting buildings
e. Window cleaving
f. Fruit picking involving climbing
3. Work with dangerous machineries, equipment and tools or which involves manual
handling or transport of heavy loads, such as in:
a. Logging
b. Construction
c. Quarrying
d. Operating agricultural machinery in mechanized farming
e. Driving or operating heavy equipment such as payloader, bachoes, bulldozers,
appliances, scaffold winches, hoists, excavators and loading machine
9
MODULE WEEK NO.7
f. Operating or setting motor-driven machines such as saws, presses, and wood
working machineries
g. Operating power-driven tools such as drills and jack hammers
h. Stevedoring
i. Working in warehouses
j. Working in docks
4. Work in unhealthy environment which may expose children to hazardous processes,
to temperatures, noise level or vibrations damaging to their health, to toxic, corrosive,
poisonous, noxious, explosive, flammable, to harmful biological agents, or to other
dangerous chemicals including pharmaceuticals such as in:
a. Manufacture or handling pyrotechnics
b. Fanning
c. Pesticide spraying
d. Blacksmithing hammersmith, folging
e. Extracting land and oil
f. Filling and greasing of heavy machineries
g. Fiber and plastic preparing
COURSE MODULE

h. Bleaching, dyeing, and finishing of textiles using chemicals


i. Embalming and as undertakers
j. Painting or as finishers in metal craft industries
k. Brewing and distilling of alcoholic beverages
l. Recycling of batteries and containers
m. Working in abattoirs or slaughter houses
n. Garbage collecting
o. Handling of animal manure in poultry houses or as fertilizer (compost and
other
decaying matter used in farming)
p. Working in hospitals or other health care facilities
q. Assisting in laboratories and x-ray work
r. Welding
s. Working in furnaces of kilms
t. Working in discotheques
u. Working in video arcades (DO 04 Series of 1999)
5. Work under particularly difficult conditions such as work for long hours or during the
night or work where the child is unreasonably confined in the premises of the employer
(ibid).

When Work on Rest Day be Authorized


An employer may require any of his employees to work on his scheduled rest day for
the duration of the following emergency and exceptional circumstances:
1. In case of actual or impending emergencies caused by serious accident, fire,
flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent
loss of life or
property, or in cases of force majeure or imminent danger to public safety;
2. In case of urgent work to be performed on machineries, equipment or
installations, to avoid serious loss which the employer would otherwise suffer;
3. In the event of an abnormal pressures of work due to special circumstances,
where the employer cannot ordinarily be expected to resort to other measures;

10
MODULE WEEK NO.7
4. To prevent serious loss of perishable goods;

5. Where the nature of the work is such that the employees have to work
continuously for seven (7) days in a week or more, as in the case of the crew
members of a vessel to complete a voyage; and
6. When the work is necessary to avail of favorable weather or environmental
conditions where performance or quality of work is dependent thereon (Sec.6
Rule 111, Book 111 Omnibus Rules Implementing Labor Code as amended).

No Employee shall be compelled to Work on Rest Day


No employee shall be required against his will, to work on his scheduled rest day
except under the circumstances afore mentioned.
Provided, however that where an employee volunteered to work on his scheduled rest
day he shall express such desire in writing, subject to the payment of an additional
compensation (ibid).

Employer-employee are not prohibited to agree for more favorable terms


COURSE MODULE

Employers and employees are not prevented from entering into an agreement for
more favorable terms than herein provided.
Likewise, employer shall not diminish any benefit already granted to the employees
under existing laws, CBA or employer's voluntary practice (Sec.9, ibid),

One Year Service as used in this Context

The term "at least one year service" shall mean service within 12 months, whether
continuous or broken reckoned from the date the employee started working, including
authorized absences and paid regular holidays unless the working days in the
establishment, as a matter of practice or policy, or that provided in the employment
contract is less than 12 months, in which case said period shall be considered as one
year (Sec. 3, ibid).

Compressed Work Week (CWW)

This scheme is an alternative arrangement whereby the normal work week is reduced
to less than six (6) days but the total number of normal hours per week remains at 48
hours.
The normal workday is increased to more than eight (8) hours without corresponding
overtime.
For a valid CWW, the following conditions must be complied with:

1. It is expressly and voluntarily supported by majority of the employees


affected;
2. If work is hazardous, a certification is needed from an accredited safety
committee
that work beyond eight (8) hours is within the limits or levels of exposure set
by
DOLE, occupational safety and health standard; and,
3. The DOLE is clearly notified (DOLE Advisory No. 02 series of 2004).
11
MODULE WEEK NO.7

Travel when considered Working Time

1. Travel from home to work


Travel from home to work is not compensable since it is a normal incident of
employment.
The following however are the exceptions to the rule:

a. Where the worker is made to work on emergency call and travel is


necessary in proceeding to the work place;
b. Travel done through a conveyance provided by the employer;
c. Travel is done under the control and supervision of the employer; and,
d. Travel is done under vexing and dangerous circumstances.

2. Travel that is All in a Day's Work


The time spent by an employee in travel as part of his principal activity, like
COURSE MODULE

travel from job site to job site during the work day is considered counted as hours
worked and therefore compensable.
3. Travel Away from Home
Travel that keeps an employee away from home overnight is considered as
worked time when it cuts across an employee's work day because it substitutes for the
hours that the employee should have been in the office (p.31 Memory Aid in Labor
Laws and social Legislations, San Beda 2012 ed.).

Thirty (30) Minutes Assembly time Practice by Employees


The thirty (30) minutes assembly time practiced by employees is not considered
working time and therefore not compensable since it cannot be deemed a "waiting
time" as they are not subject to the absolute control by the employer. Otherwise
failure to attend shall subject the concerned employee to disciplinary action by the
company (Arica vs. NLRC G.R. No. 78210, February 28, 2009).

Power Interruptions
In case of power interruption the following rules apply:
1. First twenty (20) minutes is compensable;
2. Succeeding number of minutes is no longer compensable;
3. If after the lapse of the first twenty (20) minutes the employees are required
to stay
in the workplace such time is considered working time and therefore
compensable.
Unfair Labor Practice (ULP)
Violate the constitutional rights of workers and employees to self-organization are
inimical to legitimate interest of both labor and management, including their rights to
bargain collectively and otherwise deal with each other in an atmosphere of freedom
and mutual respect, disrupt industrial peace and hinder the promotion of healthy and
stable management relations (Art. 247, Labor Code as amended).
The civil aspects of all cases involving ULP which may include claims for actual, oral,
12
MODULE WEEK NO.7
exemplary and other forms of damages, attorney's fees and other alternative relief,
shall be under the jurisdiction of Labor Arbiters.
ULP-its nature
Unfair Labor Practice refers to act that violates the workers' rights to organize. The
prohibited acts are related to the workers' rights to self-organization, and to the
observance of a Collective Bargaining Agreement (CBA).
Without said elements, the acts even if unfair are not Unfair Labor Practice (General
Santos Coca-Cola Plant Free-Workers Union-TUPAS vs. Coca-coca Bottlers Phil., CA and
NLRC, GR No. 178647, February 13, 2009).

Exercise
Apply Your Knowledge (Review Questions)

I. Explain briefly:

1. Unfair Labor Practice -


COURSE MODULE

2. Collective Bargaining Agreement -

3. Social Justice -

4. Illegal Recruitment -

5. Holiday with pay -

II. Write T if the statement is True and F if the statement is False:

______1. Labor Laws are favorable to the workers


______2. There can be a time where the workers are considered working even if they
are not actually working.
______3. When a worker works on legal holiday he is entitled to 200% of his daily
salary.
______4. Both employer and the employee can be guilty of Unfair Labor Practice.
______5. The finding of ULP by the NLRC is a pre-condition before anyone can be
prosecuted for ULP in regular court.
______6. Meal period is compensable.
______7. Sexual harassment can be committed at the work place.
______8. We need to be Filipino in deed, words and thought.
______9. Overtime pay is payment in excess of 8 hours work per day.
_____10. Rest day means rest for not less than 24 consecutive hours at least once a
week.

Assessment

Answer briefly:

1. What is the liability of the manning agency as regards the lawful money claim of a

13
MODULE WEEK NO.7
seaman?

2. A driver drives his boss to the office and back home after office hours. Since he
resides near at the office he went home, cooked for the lunch of his family and enjoyed
siesta. That is his daily routine except when his boss attended meetings outside his
office. Can the driver be paid the whole day? Why?

3. Adam was absent without leave a day before Christmas, Is he paid on Christmas
day? Why?

4. (This question is in connection to question #3). Assuming it was his rest day, is
your answer going to be the same?

5. What is the rationale for paying overtime? When one works on his rest day? What
will be its consequence?

Note: all assessment should be turn-in on or before 5:00 pm


COURSE MODULE

Reflection
Now that you have completed your module for this week. Write a reflection about what
you have learned. Your reflections should include:
(1) your opinion about the lesson
(2) personal experience
(3) evidence to back up your thoughts and/or opinion (APA citation).
Things you can reflect on include the readings for this week, videos, and the
discussions. The purpose of this reflection is to ensure you are processing your
thoughts on the course content. This will enhance your learning and knowledge.
Resources and Additional Resources

Textbook:
• Penaflor, L.A & Penaflor, K.O (2017). First Edition. Values Education:
Legal and Ethical
Perspective

Additional Resources:
 Rodolfa, Aquino, Dellova, Tiongco (2018). Leadership & Personality
Development for Tourism and Hospitality Professionals. Mindshapers
Co., Inc.
 Labuguen, F.C., Ramos, A.I., Placer, R.B., Vidal, C.J.E., Moralde, R.P.E.,
& Rendorio, E.V. (2012). Understanding the National Service Training
Program. Malabon City, Philippines: Mutya Publishing House.

 Internet Sources

14

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy