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HR103 - Job Analysis And Design HR104 - Labor Law Relations
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Job Analysis and Design
Job Design
Training
● Minors – Allowed to work under the following: ● For below 15 years old – child works directly under sole responsibility of parents/guardian and employment does not interfere with schooling ● For 15 to 18 years old – manageable hours of work and employed in non-hazardous work ● Hours of work – not more than 20 hours/week or 4 hours/day and not only from 6am to 8pm ● RA 9231 and RA 7610 Women ● RA 10151 allows work from 10pm to 6am ● Provides appropriate seat ● Separate toilet and lavatories and dressing room ● Establish nursery ● Providing lactation room for nursing moms ● Stipulation against marriage Househelpers (RA 10361 – Kasambahay Law) rights: ● Non-assignment to non-household work ● Reasonable compensation – Php5,000 (NCR); PPhp2, to Php5,000 in other regions ● Lodging, food and medical attendance ● If under 18 years old, opportunity for elementary education (cost part of househelper’s compensation) ● Contract not exceeding 2 years, renewable year-on-year ● Just and humane treatment ● Work not more than 10 hours/day ● 4 days VL with pay ● Just cause for termination ● Indemnity for unjust termination of service MANAGERS
● To prevent serious loss to perishable goods ● Where the nature of the work is such that EEs have work continuously for 7 days in a week or more (e.g. crew member of vessel to complete the voyage ● When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. FORMULA: Ordinary day, Rest Day, Regular and Special Holidays, Night Shift Differential. REGULAR HOLIDAYS
Service Incentive Leave (SIL) – 5 days and convertible into cash if unused ● Sick Leave and Vacation Leave – voluntary; if EE is receiving SL and/or VL, SIL cannot be given anymore as this is above the mandatory requirement of the law ● Maternity Leave (under SSS) – RA 11210 (Expanded Maternity Leave Law) ● 105 days (normal or cesarean delivery); additional 15 days for Solo Parent under RA 8972; 7 days allocation of leave to partner or relative within the 4th civil degree of consanguinity ● 60 days (miscarriage) ● Optional 30 days LWOP – ER must be informed at least 45 days before return to work of EE ● Unlimited deliveries ● Salary differential – ER shall pay the difference between the full salary and actual cash benefits received from SSS Paternity Leave (RA 8187) ● 7 working days ● Availed by married EE for their spouse giving birth ● Max of 4 deliveries including miscarriage Violence Against Women and Children (VAWC) Leave – RA 9262 ● 10 days leave Magna Carta for Women Leave –RA 9710 ● 2 months leave due to surgery caused by gynecological disorders (e.g. removal of myoma) Employees’ Compensation Program – payment to EE or its beneficiaries due to latter’s disability or death which is work-related/connected Principles: ● Fair days’ wage for fair day’s labor OR No work no pay ● Equal pay for equal work Who fixes minimum wage? Regional Tripartite Wage and Productivity Board ● Minimum wage in NCR – Php610/day
● If termination arises from business losses, penalty to the employer should be LIGHTER due to authorize cause has no relation to losses If termination is illegal, employee is entitled to:
UPL Cases: ● Interference ● Yellow Dog Condition – to require as a condition for employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs ● Contracting out – contract out services or functions being performed by union member ● Company-domination of union – company initiates the formation of union and granting exclusive recognition ● Discrimination ● Violation of duty to bargain ● Paid negotiation ● Violation of CBA