NO TO SHORT ANSWERS.

1. What role does labor law (in general) play in your future career in tourism and hospitality?
2. What is labor law and how does it relate to the hospitality industry?
3. What are the five labor laws that I should be aware of in preparation for a future career in tourism and hospitality?
4. What relevance does this have for my future career in tourism and hospitality?
5. What is your overall assessment?

Legal Implications for Common Carriers

Common carriers are subject to special laws and regulations that differ depending on the means of transport used, e.g. sea carriers are often governed by quite different rules from road carriers or railway carriers. In common law jurisdictions as well as under international law, a common carrier is absolutely liable for goods carried by it, with four exceptions:

Civil Code - Common Carriers

Book 4 of the Civil Code of the Philippines

Stipulates the general law that governs common carriers. It includes 34 statutes starting from

Article 1732 and up to Articles 1766. (Continue to read the on for the elucidation

Article 1732

Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.

Article 1733

Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.

Article 1734

Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only:

1. Flood, storm, earthquake, lightning, or other natural disaster or calamity;
2. Act of the public enemy in war, whether international or civil;
3. Act or omission of the shipper or owner of the goods;
4. The character of the goods or defects in the packing or in the containers; 5)Order or act of competent public authority.

Article 1736

The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them.

Article 1755

A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

Article 1756

In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755.

Article 1764

Damages in cases comprised in this Section shall be awarded in accordance with Title XVIII of this Book, concerning Damages. Article 2206.

Code of Commerce - Commercial Contracts for Transportation

Other key edicts pertaining to transportation law may be gleaned from Commercial Contracts for transportation which runs from Article 349 to 374 whose mandates includes

Article 349

A contract of transportation by land or water ways of any kind shall be considered commercial:

1. When it has for its object merchandise or any article of commerce.
2. When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public.

Article 350

The shipper as well as the carrier of merchandise or goods may mutually demand that a bill of lading be made, stating:

1. The name, surname and residence of the shipper.
2. The name, surname and residence of the carrier.
3. The name, surname and residence of the person to whom or to whose order the goods are to be sent or whether they are to be delivered to the bearer of said bill.
4. The description of the goods, with a statement of their kind, of their weight, and of the external marks or signs of the packages in which they are contained.
5. The cost of transportation.
6. The date on which shipment is made.
7. The place of delivery to the carrier.
8. The place and the time at which delivery to the consignee shall be made.
9. The indemnity to be paid by the carrier in case of delay, if there should be any agreement on this matter.

Commonwealth Act of No. 65

While our bilateral treaties has prompted the Commonwealth Act #65 by National Assembly of the Philippines enacted in October 22, 1936 stating:

WHEREAS, the 74th Congress of the United States enacted Public Act No. 521, entitled Carriage of Goods by Sea Act;

WHEREAS, the primordial purpose of the said Acts is to bring about uniformity in ocean bills of lading and to give effect to the Brussels Treaty, signed by the United States with other powers;

WHEREAS, the Government of the United States has left it to the Philippine Government to decide whether or not the said Act shall apply to carriage of goods by sea in foreign trade to and from Philippine ports;

Labor Code of the Philippines

Transportation and Labor Laws

History

The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. It was enacted on Labor day, May 1, 1974 by Late President of the Philippines Ferdinand Marcos in the exercise of his then extant legislative powers under Presidential Decree 422.

Summary

The Labor Code sets the rules for hiring and firing of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth month pay and retirement pay; and the guidelines in the organization and membership in labor unions as well as in collective bargaining.

The Labor Code contains several provisions which are beneficial to labor. It prohibits termination of employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The right to self-organization of a union is expressly recognized, as is the right of a union to insist on a closed shop.

Key Takeaways

Article 4

Construction in favor of labor. All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.

Article 6

Applicability. All rights and benefits granted to workers under this Code shall, except as may otherwise be provided herein, apply alike to all workers, whether agricultural or nonagricultural. (As amended by Presidential Decree No. 570-A, November 1, 1974)

Emancipation of Tenants

Article 8

Transfer of lands to tenant-workers. Being a vital part of the labor force, tenant-farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family-size farm of five (5) hectares, if not irrigated and three (3) hectares, if irrigated.

Pre-employment

Article 12

Statement of objectives. It is the policy of the State:

To promote and maintain a state of full employment through improved manpower training, allocation and utilization;

To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment;

Regulations of Recruitment and Placement Agencies

Article 26

Travel agencies prohibited to recruit. Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not.

Article 27

Citizenship requirement. Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers, locally or overseas.

Article 32.

Fees to be paid by workers. Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a schedule of allowable fees.

Article 34. Prohibited Practices

• To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees
• To furnish or publish any false notice or information or document
• To give any false notice, testimony, information or document
• To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another
• To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;
• To engage in the recruitment or placement of workers in jobs harmful to public health or morality
• To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;
• To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters
• To substitute or alter employment contracts approved and verified by the Department of Labor
• To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations

Employment of Non-Resident Aliens

Article 40

Any alien seeking admission to the Philippines for employment shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing.

Human Resources Development Program

Article 43

It is the objective of this Title to develop human resources, establish training institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the nation's manpower and thereby promote employment and accelerate economic and social growth.

Apprentices

Article 60

Employment of apprentices. Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Secretary of Labor and Employment. (As amended by Section 1, Executive Order No. 111, December 24, 1986)

Article 65

Investigation of violation of apprenticeship agreement. Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department of Labor and Employment.

Working Conditions and Rest Periods

Article 83

Normal hours of work. The normal hours of work of any employee shall not exceed eight (8) hours a day.

Article 84

Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

Rest periods of short duration during working hours shall be counted as hours worked.

Article 85

Meal periods. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.

Article 86

Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning.

Article 87

Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

Article 88

Under time not offset by overtime. Under time work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter.

Article 91

Right to weekly rest day. It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays.

Article 94

Right to holiday pay.

Article 95

Right to service incentive leave. Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

Employment of Women

Article 130

Nightwork prohibition. No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation:

Article 133

Maternity leave benefits. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay.

Article 136

Stipulation against marriage. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married.

HR Basics: Employee Rights

*Watch Video: https://www.youtube.com/watch?time_continue=1&v=mKflvO_dktE

Dismissal Proceedings

Labor Code of the Philippines

The following are videos and text that will provide general understanding of the dismissal process. It is still the most prudent for future Managers to discuss any acts related to employee discipline with your HR Manager or legal professionals.

Types of Employment in the Philippines

In the Philippines, the following are the recognized types of employment: (1) regular; (2) casual; (3) project; (4) seasonal; (5) fixed-term; and (6) probationary.

Regular and Casual Employment -the primary standard that determines regular employment is the reasonable connection between the particular activity performed by the employee and the usual business or trade of the employer;

Project Employment -contemplates an arrangement whereby "the employment has been fixed for a specific project or undertaking whose completion or termination has been determined

Seasonal Employment -applies "where the work or service to be performed is seasonal in nature and the employment is for the duration of the season."

Fixed-Term Employment -is valid when: (a) the fixed period of employment was knowingly and voluntarily agreed upon by the employer and employee without any force, duress, or improper pressure being brought to bear upon the employee

Probationary Employment -exists when the employee, upon his engagement is made to undergo a trial period where the employee determines his fitness to qualify for regular employment

How to Terminate an Employee in the Philippines Types of Employment Termination

1.Termination by the employer - You can only terminate an employee in the Philippines if you have a just cause.

• serious misconduct or wilful disobedience
• gross and habitual neglect of duty
• fraud or deliberate breach of trust
• commission of a crime or offense
• other similar reasons

However, Article 283 states that you can also terminate an employee for authorized causes, including business reasons such as:

• installation of labor-saving devices
• redundancy
• reduction of costs to prevent losses
• the closing or cessation of operation

Also,

• if your employee suffers from a health condition that lasts more than six months
• or the law prohibits them from working with such disease
• or working is harmful to themselves or their co-workers

2.Voluntary resignation by the employee - According to Article 285 of the Labor Code, employees in the Philippines can quit their jobs either with or without a just cause.

What is the dues process of terminating an employee in the Philippines?

To ensure that everything is clear and there won't be any complications for either party, make sure you follow the due process of terminating an employment contract in the Philippines.

Either you end an employee's contract for a just cause or an authorized reason, the termination requires a separate procedure.

What are the consequences of employee's unfair dismissal in the Philippines?

If you fail to follow the procedural due process in cases of legal and authorized termination of your employee, you may face further consequences as it will create a legitimate ground for the employee to complain.

In such cases, the burden to prove that the dismissal was valid will fall on the shoulders of the employer.

Article 279 of the Philippines' Labor Code states that if you terminate an employee without a just cause, they are entitled to any of the following:

• Reinstatement without loss of seniority rights
• Separation pay of one month pay for every year of service
• Full back wages, inclusive of allowances and other benefits of their monetary equivalent from the time compensation was withheld up to the time of reinstatement

Employment Law Basics for Business Owners, Managers & HR - Avoid Getting Sued

Bite-sized narratives on labor law to help reinforce students learnings form the previous topics, although the setting is in the US State of California, much of what is mentioned is comparable to the Philippine Labor Law.

1. Employment Contracts
2. Torts in the Workplace
3. Wages and Hours
4. Discrimination
5. Harassment
6. Leaves of Absence
7. Workplace Safety
8. Unfair Competition
9. Unemployment
10. Layoffs
11. Collective Bargaining
12. Others

Sexual Harassment Act of thePhilippines

Republic Act No. 11313

An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and

Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. The crimes of genderbased streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks.

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places Open to the Public.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. In addition to the penalties in this Act, the Land Transportation Office (LTO) may cancel the license of perpetrators.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by

Minors. In case the offense is committed by a minor, the Department of Social Welfare and Development (DSWD)...

Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public Spaces. The following acts are unlawful and shall be penalized as follows:

1. Cursing
2. wolf-whistling
3. catcalling
4. leering and intrusive gazing
5. taunting
6. unwanted invitations
7. misogynistic, transphobic, homophobic, and sexist slurs
8. persistent unwanted comments on one's appearance
9. relentless requests for one's personal details such as name, contact and social media details
10. the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation
11. expression including sexist, homophobic, and transphobic statements and slurs
12. persistent telling of sexual jokes, use of sexual names, comments and demands
13. and any statement that has made an invasion on a person's personal space or personal safety

Section 12.Gender-Based Online Sexual Harassment. Gender-based online sexual harassment includes acts that use information and communications technology.

Section 16. Gender-Based Sexual Harassment in the Workplace. The crime of gender-based sexual harassment in the workplace

Section 17. Duties of Employers. Employers or other persons of authority, influence or moral ascendancy in a workplace shall have the duty to prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace.

Section 18. Duties of Employees and Co-Workers. Employees and co-workers shall have the duty to:

1. Refrain from committing acts of gender-based sexual harassment;
2. Discourage the conduct of gander-based sexual harassment in the workplace;
3. Provide emotional or social support to fellow employees, co-workers, colleagues or peers who are victims of gender-based sexual harassment; and
4. Report acts of gender-based sexual harassment witnessed in the workplace.

Section 19.Liability of Employers. In addition to liabilities for committing acts of gender-based sexual harassment, employers may also be held responsible

Common Provisions

Section 26. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, the rights of the victim and the accused who is a minor shall be recognized.

Section 27. Restraining Order. Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away from the offended person at a distance specified by the court, or to stay away from the residence, school, place of employment, or any specified place frequented by the offended person.

Section 28. Remedies and Psychological Counselling. A victim of gender-based street, public spaces or online sexual harassment may avail of appropriate remedies as provided for under the law as well as psychological counselling services

Section 29. Administrative Sanctions. Above penalties are without prejudice to any administrative sanctions that may be imposed if the perpetrator is a government employee.

Section 30. Imposition of Heavier Penalties. Nothing in this Act shall prevent LGUs from coming up with ordinances that impose heavier penalties for the acts specified herein.

Section 31. Exemptions. Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized.

Degree of Diligence Required to a Common Carrier

The degree of diligence demandedupon from the common carrier is EXTRAORDINARY DILIGENCE. The nature of business of common carriers and exigencies of public policy demand that they observe extra ordinary diligence. That the business of common carrier is impressed with a special public duty is recognized in the Philippines through laws which subject to the same control and regulation by the public service commission.

Period wherein the degree of extraordinary diligence should be exercised

ARTICLE 1736 OF THE CIVIL CODE OF THE PHILIPPINES

Provides that the extra ordinary responsibility of the common carrier last from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered actually or constructively, by the carrier to the consignee, or to the person who has the right to receive them, without prejudice to the provision of article 1738 of CC.

Liabilities of Common Carrier

Common carrier is generally liable for losses which may occur to property entrusted to his charge in the course of business.

Common Carrier Absolved from Liability

ARTICLE 1734 OF THE CIVIL CODE OF THE PHILIPPINES

States that common carrier are responsible for the loss, destruction, or deterioration of the goods, unless the same is loss due to any of the following cause only:

1. Flood, storm, earthquake, lighting, or other natural disaster or calamity;
2. Act of the public enemy in war, whether international or civil;
3. Acts or omission of the shipper or owner of the goods;
4. Order or act of competent public authority.