FP1 - Module 7
FP1 - Module 7
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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
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
Discussion
Statement of Objectives
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.
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).
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)).
While the functions of POEA are provided by Executive Order No. 247 issued on
July 27, 1987 as follows:
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MODULE WEEK NO.7
conditions for issuance of license or authority to recruit workers (Sec. 3, EO No.
247)
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
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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)
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
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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
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).
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
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).
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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
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).
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
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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
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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).
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),
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).
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:
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.).
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,
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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:
3. Social Justice -
4. Illegal Recruitment -
Assessment
Answer briefly:
1. What is the liability of the manning agency as regards the lawful money claim of a
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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?
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
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