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ArticlesLabor and Employment Updates | June to August 2022

September 21, 20220

REPUBLIC ACT (“RA”)

  1. RA No. 11927: Philippine Digital Workforce Competitiveness Act

    This law seeks to develop and ensure the competitiveness of the Philippine workforce in human and digital technology and innovations by ensuring that all Filipino workers have access to and are provided with digital skills and competencies that are at par with global standards.

    Salient features of this law include the creation of an Inter-Agency Council for Development and Competitiveness of Philippine Digital Workforce (“Council”), which shall be the primary planning, coordinating and implementing body in the promotion, development, enhancement and competitiveness of the Philippine digital workforce. The Council is also authorized to enter into public-private partnerships with experts, information technology associations, private companies and other stakeholders to formulate and implement training, skills development, and programs in the different fields of digitalization and advances in technologies.

    This law also mandates the Department of Trade and Industry, in coordination with other relevant government agencies and the private sector, to establish co-working or shared service facilities to support the development and enhancement of digital skills and competencies of the workers and future members of the workforce.

  2. RA No. 11861: Expanded Solo Parents Welfare Act

    RA 11861 amends the Solo Parents Welfare Act of 2000 by expanding its scope and providing additional benefits to solo parents as well as their families.

    This law expands the definition of solo parent by classifying as solo parent those who provide sole parental care and support of the child or children due to: i.) detention of the spouse for at least three (3) months or service of sentence for a criminal conviction; ii.) legal or de facto separation for at least six (6) months, and the solo parent is entrusted with the sole parental care and support of the child or children; iii.) abandonment by the spouse for at least six (6) months; and iv.) any relative within the fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children as a result of death, abandonment, disappearance of the parents or the solo parent for at least six (6) months.

    This law further provides that parental leave of not more than seven (7) working days per year shall be granted to a solo parent who has rendered service for at least six (6) months. In addition to this, solo parents are also entitled to: i.) monthly cash subsidy of One thousand pesos (Php1,000.00) per month per solo parent who is not a recipient of any other cash assistance or subsidy from any government program; ii) ten percent (10%) discount and exemption from Value Added Tax on baby’s milk, food and micronutrient supplements, and sanitary diapers purchased, duly-prescribed medicines, vaccines, and other medical supplement; and iii.) automatic coverage under the National Health Insurance Program (NHIP), among others.

    Finally, RA 11861 promotes and encourages the establishment of appropriate child minding centers within the workplace, or in accessible locations to the workplace or residence of the solo parents. Child minding center refers to a facility or area where the children of a solo parent employee aged seven (7) years old and below are habitually received for purposes of care and supervision during work hours. Employers may also enter agreements with their and solo parent employees for a telecommuting program.

JURISPRUDENCE

  1. Social Security System v. Violeta A. Simacas
    G.R. No. 217866, June 20, 2022

    For a non-occupational disease to be compensable, substantial proof must be shown that the risk of contracting the disease is increased by the working conditions imposed by the employer. In establishing compensability, the claimant need only to present substantial proof that the nature of the employee’s work or working conditions increased the risk of the employee contracting the disease. It suffices that the evidence presented establish a reasonable work connection, and not necessarily a direct causal relation, between the work or working conditions and the disease.

  2. Philippine Transmarine Carriers, Inc. and/or Seaspan Crew Management LTD. and/or Carlos Salinas v. Allan N. Tena-e
    G.R. No. 234365, July 06, 2022

    It is the seafarer’s duty to submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return, except when he is physically incapacitated to do so and he shall so regularly report to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed by the seafarer. A seafarer is duty-bound to complete his medical treatment until declared fit to work or assessed with a permanent disability rating by the company-designated physician.

  3. C.F. Sharp Crew Management, Inc. and/or Reederei Claus-Peter Offen (GMBH & Co.) v. Roberto B. Daganato
    G.R. No. 243399, July 06, 2022

    On proving the non-existence of an accident on board a vessel

    In cases where the employers deny the existence of accidents in the vessel, it is incumbent upon the employers to proffer evidence to the contrary considering that they are in possession of accident reports and not the employees. Employers, through their ship captains and officers, are thus expected to be on the lookout for accidents or mishaps, and prepare a report of the same.

    On the applicability of the Collective Bargaining Agreement (“CBA”) over POEA-SEC Issuances

    The Court has recognized the application of the CBA over the POEA-SEC provisions on disability compensation when the same provide for better benefits to seafarers. This is so because a contract of labor is so impressed with public interest that the more beneficial conditions must endeavor in favor of the seafarer. Nonetheless, the rules on disability compensation, as well as in the determination of what constitutes total and permanent disability under the Labor Code, as amended, its implementing rules and regulation (IRR), the POEA-SEC, and prevailing jurisprudence should still be instructive in case the rules on CBA was not complied.

DEPARTMENT OF LABOR AND EMPLOYMENT (“DOLE”)
Labor Advisory
  1. Labor Advisory No. 17-2022 dated August 25, 2022
    Re: Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences

    Through this issuance, the DOLE advised that except as otherwise provided by law or appropriate proclamation, employers in the private sector may, in the exercise of their discretion and prerogative, suspend work during weather disturbances and other similar occurrences to ensure the safety and health of their employees. Notwithstanding this, employees who fail or refuse to work by reason of imminent danger brought by weather disturbances and other similar occurrences cannot be subjected to administrative sanction.

    DOLE also sets the following guidelines on the payment of wages of employees, irrespective of their status, during weather disturbances and similar occurrences:

    1. If unworked, the employee is not entitled to regular pay, except when there is a favorable company policy, practice, or collective bargaining agreement granting payment of wages on the said day or when the employee is allowed to utilize his/her leave credits;
    2. If worked, the employee is entitled to full regular pay provided that he/she has rendered work for not less than six (6) hours. If less than six (6) hours of work, the employee shall only be entitled to the proportionate amount of the regular pay, without prejudice to existing company policy or practice more beneficial to the employee.
  2. Labor Advisory No. 18-2022 dated September 06, 2022
    Re: COVID-19 Prevention, Control and Reporting Protocols in the Workplace

    Following the easing of Corona Virus Disease 2019 (“COVID-19”) quarantine restrictions, DOLE reminded employers to comply with Department of Health (DOH) Memorandum No. 2022-0013 or the Updated Guidelines on the Quarantine, Isolation, and Testing for COVID-19 Responses and Case Management for the Omicron Variant, as well as the latest guidelines on the Nationwide Implementation of Alert Level System for COVID-19 Response and DOLE Department Order No. 22.

    Employers are also mandated to implement good practice of detection strategies in workplaces and to submit the list of COVID-19 cases and close contacts in their respective workplaces and their respective Local Government Unit and DOH for reporting, including investigation details on sources of transmission.

Department Order
  1. Department Order No. 236-2022 dated May 19, 2022
    Re: Increasing the Amounts Received by Workers in the Sugar Industry Under the Sugar Workers’ Maternity and Death Benefit Programs, Pursuant to Republic Act. No. 6982

    Considering the continued increase in the prices of commodities, including the availment of services such as hospital, pre-/post-natal delivery check-up, and burial/funeral fees, DOLE approved the following increase of benefits under the Sugar Workers Maternity and Death Benefit Programs (SWMDBP):

    PROGRAM CURRENT AMOUNT NEW AMOUNT
    Sugar Workers’ Maternity Benefit Program Five Thousand Pesos (P5,000.00) Eight Thousand Pesos (P8,000.00)
    Sugar Workers Death Benefit Program Ten Thousand Pesos (P10,000.00) Fourteen Thousand Pesos (P14,000.00)

    This increase shall be subject to the availability of funds and shall be charged against the unutilized balances and protected liens collections and remittances that have been allocated for the implementation of the Sugar Workers’ Maternity and Death Benefit Programs, pursuant to Section 10 (a) and (c) of RA No. 6982.

REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARD – XIII
  1. Wage Order No. RXIII-DW-03
    Re: Providing for a Minimum Wage Increase for Domestic Workers in Region-XIII

    The Regional Tripartite Wages and Productivity Board (“RTWPB”)– Region XIII issued Wage Order No. RXIII-DW-03 granting an increase ranging from Php 500 to Php 1,000 in monthly minimum wage in the Region. The Wage Order applies to all domestic workers who performs domestic work in one’s household whether on a live-in or live-out arrangement. On the other hand, it does not apply to those person who performs work occasionally or sporadically and no on an occupation basis.

    Accordingly, the new monthly minimum wage for domestic workers in CARAGA Region-XIII shall be as follows:

    AREA CLASSIFICATION WAGE ORDER NO. RXIII-DW-02 INCREASE NEW MONTHLY MINIMUM WAGE RATE UNDER WAGE ORDER NO. RXIII-DW-03
    Cities and First Class Municipalities Php 3,500.00 Php 500.00
    Other Municipalities Php 3,000.00 Php 1,000.00
  2. Wage Order No. RBVIII-DW-03
    Re: Providing For Minimum Wage Rate Increase for Domestic Workers in Region-VIII

    The RTWPB-VIII issued Wage Order No. RBVIII-DW-03 providing for a Php 500 wage increase for domestic workers in the Region, whether in a live-in or live-out arrangement. Specifically, the wage increase applies to all persons who regularly performs domestic work in one household on an occupational basis, such as a general househelp, yaya, cook, gardener, and laundry person. On the other hand, the wage increase does not apply to any other person who performs work occasionally or sporadically and not on an occupational basis.

    Accordingly, the new monthly minimum wage for domestic workers in Region VIII shall be as follows:

    AREA/LOCATION CURRENT MONTLY MINIMUM WAGE RATES NEW WAGE INCREASE NEW MONTHLY MINIMUM WAGE RATES
    Chartered Cities and First Class Municipalities Php 4,500.00 Php 500.00 Php 5,000
    Other Municipalities Php 4,000.00 Php 500.00 Php 4,500
  3. Wage Order No. RB VIII-22
    Re: Providing for a Minimum Wage Increase in Region-VIII

    In addition to providing a wage increase for domestic workers in Region VIII, the RTWPB-Region VIII also issued Wage Order No. RB VIII-22 providing for a wage increase to all minimum wage earners in the private sector within the region, regardless of their position, designation or status and irrespective of the method by which their wages are paid. The total increase in the minimum wage is Php 50.00 per day to be given in two (2) tranches as follows:

    First Tranche: P25.00 per day from effectivity;
    Second Tranche: P25.00 per day starting on January 02, 2023.

    Accordingly, the new daily minimum wage rates in Region-VIII shall be as follows:

  4. Wage Order No. RIX-21
    Re: Providing for a Minimum Wage Increase in the Zamboanga Peninsula Region

    The RTWPB-ZamPen Region issued Wage Order No. RIX-21 providing for a wage increase for the minimum wage earners in the private sector in Region IX, regardless of their position, designation or status, and method by which their wages are paid. Such workers shall receive an increase in their minimum wage in the amount described as follows:

    1. For NON-AGRICULTURAL Enterprises, they shall receive an increase of Php 35.00/day upon effectivity of this Wage Order.
    2. For RETAIL/SERVICE Establishments, those employing 10-30 workers, and 31 workers or more, shall receive an increase of Php 35.00/day upon effectivity of this Wage Order, while those employing 1-9 workers shall receive an increase of Php 20.00/day upon effectivity of this Wage Order, and additional increase of Php15.00/day on October 1, 2022.
    3. For AGRICULTURAL Enterprises, they shall receive an increase of Php 20.00/day upon the effectivity of this Wage Order, and additional increase of P15.00/day on October 1, 2022

    In sum, the new daily minimum wage rates in Zamboanga Peninsula Region shall be as follows:

  5. Wage Order No. RIX-DW-3
    Re: Providing for a Minimum Wage Increaase for Kasambahays in the Zamboanga Peninsula Region

    The RTWPB-ZamPen Region released Wage Order No. RIX-DW-3 providing for a new monthly wage for kasambahays in the Region. This Wage Order specifically applies to all kasambahays, whether on a live-in or live-out arrangement, such as but not limited to general househelp, yaya, cook, gardener, laundry person, or any other person who regularly performs domestic work in one household on an occupational basis. Any other person who performs work occasionally or sporadically and not on an occupational basis are excluded from the coverage of this Wage Order.

    Accordingly, the new monthly minimum wage of kasambahays in the Region shall be as follows:

    AREA/LOCATION CURRENT MONTLY MINIMUM WAGE RATES NEW WAGE INCREASE NEW MONTHLY MINIMUM WAGE RATES
    Chartered Cities and First Class Municipalities Php 3,500.00 Php 500.00 Php 4,000
    Other Municipalities Php 3,000.00 Php 500.00 Php 3,500

    AREA/LOCATION CURRENT MONTLY MINIMUM WAGE RATES NEW WAGE INCREASE NEW MONTHLY MINIMUM WAGE RATES
    Chartered Cities and First Class Municipalities Php 3,500.00 Php 500.00 Php 4,000
    Other Municipalities Php 3,000.00 Php 500.00 Php 3,500

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (“POEA”)
POEA Advisory

  1. POEA Advisory No. 55, Series of 2022
    Re: Suspension of the Implementation of the Expanded Compulsory Insurance Coverage

    Through this Advisory, the POEA informed the public that the implementation of the expanded mandatory insurance for land-based returning and directly hired overseas Filipino workers is temporarily suspended. The temporary suspension would remain pending the consultations and dialogue among the stakeholders.

  2. POEA Advisory No. 56, Series of 2022
    Re: New Minimum Wage for Live-In Foreign Workers in Taiwan

    This Advisory informs the public that the Employment Security Fund Management Committee of the Ministry of Labor of Taiwan approved the increase in the minimum wage of live-in foreign workers from NT$17,000 to NT$20,000 effective August 10, 2022. The salary increase covers live-in caregivers and domestic helpers signing new employment contracts from August 10, 2022 and live-in caregivers and domestic helpers currently in Taiwan who have completed their work contract and are seeking a new one.

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