Article 96 of the Labor Code, as amended by R.A. No. 11360, provides that all service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the covered workers except managerial employees.
There shall be no discrimination of any form against workers on the basis of Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).
Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion or assignment, because of their Hepatitis B status.
(Source: Rule III, Section C, par. 1 (a), DOLE Department Advisory No. 05, Series of 2010)
In a recent development in labor jurisprudence, the question of jurisdiction over complaints regarding non-remittance of union dues by employers has been decisively settled. A recent ruling emphasized that such complaints, arising from the failure of employers to remit collected union member dues as stipulated in a Collective Bargaining Agreement (CBA), do not fall under the purview of “intra-union disputes.” Instead, they constitute unfair labor practices, specifically interference with employees’ rights to self-organization.
Doctrine of the case:
Labor contracting is not illegal per se. The fact that PLDT had contracted out specific jobs, works, or services does not automatically mean that the contractors’ employees are the direct employees of PLDT. However, PLDT workers engaged in installation, repair, and maintenance services of PLDT lines need to be regularized because they perform tasks that are necessary and desirable and directly related to the business of PLDT.
Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of the Labor Code and pertinent provisions of the Civil Service Law. (Section 36, R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002)
The forms of payment of wages are regulated by the Labor Code, which specifies that wages must be paid using legal tender.
Mental health professionals shall have the right to a safe and supportive work environment among others.
Pursuant to Proclamation No. 368, series of 2023, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 27, Series of 2023, which provides for guidelines regarding payment of wages for regular holidays and special (non-working) day for the year 2024.
Under Proclamation No. 368, series of 2023, there are twelve (12) regular holidays and eight (8) special (non-working) days for the year 2024.
Pursuant to Labor Advisory No. 21, series of 2023, the following are the encouraged work accommodations and arrangements the employers should provide for their employees diagnosed with tuberculosis:
Paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;
Flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and,
Other benefits.
An employer, however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year.” (Revised Guidelines on the Implementation of the 13th Month Pay Law)
