Basic Labor Code of the Philippines - Workplace Safety and Health

Workplace Safety and Health
Depending on the number of employees and/or the nature of the work being completed at the workplace, the Labor Code requires employers to provide medical, dental and first aid services and facilities in the workplace as follows:

1. Where the number of employees exceeds 50 but is not more than 200:
● for a hazardous workplace, the employer must provide the services of a full-time registered nurse;
● for a non-hazardous workplace, the employer must provide the services of a graduate first-aider (if no registered nurse is available).

Basic Labor Code of the Philippines - Payment

Forms of payment
No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.

Time of Payment
Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

Direct Payment
Wages shall be paid directly to the workers, except:
In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose.

Basic Labor Code of the Philippines - Employee's Rights

Employee Rights on Insolvency
In the event of bankruptcy or liquidation of an employer's business, his workers shall enjoy first preference as regards their unpaid wages and other monetary claims, any provision of law to the contrary notwithstanding. These unpaid wages and monetary claims must be paid in full before the claims of the Government and other creditors can be paid.

Employee Representation and Consultation
Generally, employees are not entitled to management representation (such as on the board of directors). According to the Labor Code, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making process of the establishments where they are employed insofar as said process will directly affect their rights, benefits and welfare." Employee participation is implemented through labor-management councils, which the law encourages both employers and workers to organize. Representatives to these councils are elected by at least a majority of all employees in the establishment.
The management is not any under any obligation to consult its employees regarding major transactions such as acquisitions or joint ventures, unless it is bound to do so under a valid contract, collective bargaining agreement.

Bought or Sold a Business?

Basic Labor Code of the Philippines - Overtime

Overtime
Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work.  A work day is also defined as a 24 hours period from the start of work.

The overtime rate for a normal working day in the Philippines is 25% plus the employee’s regular wage. However, if overtime time is performed on a rest day or holiday, the overtime rate shall be increased to 30% plus the employee’s regular wage. 

    Hourly Rate of Overtime

Normal Day	125%
Rest Day	169%
Special Holiday	169%
Regular Holiday	260%
Special Holiday + Rest Day	195%
Regular Holiday + Rest Day	338%

MIASCOR, Customs, Telco, PMPHI, Oil Price

1. MIAA (Manila International Airport Authority) ordered MIASCOR to leave the premises of the Ninoy Aquino International Airport within 60 days since its contract will no longer be renewed.

Notes: MIASCOR provides aviation services such as ground handling, catering, logistics, aircraft maintenance, etc. They are the subsidiaries of Citadel Group, owned by Delgado Family, which also has interest in IT&E, Isla Petroleum & Energy and Isla Petroleum & Gas Corporation.

Notes: Is it a good news to MAC? The price already surged...hmm. Maybe MIAA will secure another service provider, I think.

2. BOC chief, Lapeña now requires all applications for accreditation, suspension, revocation, cancellation, and reactivation of importers’ and customs brokers’ accreditation to pass through his office.

Now: Will he be successful with the anti-corruption driver in BOC? I believe that's the trend.

3. DICT released the guidelines on the selection of the third telco player.