Professional Documents
Culture Documents
2. HANDICAPPED/DISABLED PERSONS
Art. 78-81, Labor Code; B2 R8 IRR
Republic Act No. 7277 [24 March 1992], Magna Carta for Disabled Persons, Sec. 4-11, 32-33
Republic Act No. 9442, amending RA 7277 giving additional benefits for disabled persons
Definition of disabled persons
Rights and privileges of disabled workers in respect of employment
What constitutes acts of discrimination against disabled workers
Case: Bernardo vs. NLRC, G.R. No. 122917. 19 July 1999
3. RETIREMENT PAY
Article 302, Labor Code, as amended by Republic Act No. 7641, B6 R1 S13-14, IRR
Republic Act No. 4917, Retirement Benefits of Private employees not subject to attachment, levy,
execution or any tax
Republic Act No. 7742
Nature and purpose
Oro Enterprises vs. NLRC, GR 110861, 14 November 1994
Philippine Airlines, Inc. (PAL) vs. ALPAP, 373 SCRA 302
Compulsory vs. optional retirement age; parameters
Computation: 22.5 days x number of years of service.
Capitol Wireless vs. Confessor, 264 SCRA 68 [1996]
Retirement under a Collective Bargaining Agreement/Applicable Contract
When exempted or not exempted from taxation
Cf. Republic Act No. 4917
Retirement of Part-time Workers
The retirement benefits under RA 7641 and RA 8558 are separate and distinct from SSS
DOUBLE RETIREMENT: is an employee precluded from receiving retirement benefits from the employer
if he was allowed to work after receiving SSS retirement benefits?
Masing Development, et.al., vs. Gregorio Rogelio, G.R. No. 161787, 08 April 2011
1
4. ANTI-AGE DISCRIMINATION LAW
Republic Act No. 10911, and DOLE Dept Order No. 170-17, IRR dated 02 February 2017
Note: RA 10911 lapsed into law on 21 July 2016
Rationale behind the law
Prohibitions
Exclusions
Effect on Existing retirement policies
2
Which findings should prevail: company designated physician vs seafarer’s personal physician -
Section 20-B of the 2002 POEA-Standard Employment Contract
Requisites for a seafarer’s injury or illness to be compensable - Sec 32-A of the POEA-SEC
Philippine Transmarine Carriers, Inc. vs. Nazam, G.R. No. 190804, 11 Oct 2010
Doehle-Philman Manning Agency, Inc., et al. vs. Haro, G.R. No. 206522, 18 April 2016
Failure of the seaman to comply with the mandatory reporting requirement within three (3) days from
discharge shall result in his forfeiture of the right to claim the above benefits.
Crew and Ship Management Int’l Inc., et al. vs. Soria, G.R. No. 175491, 10 Dec 2012
Andres L. Dizon vs. NAESS Shipping Phils., Inc., et al., G.R. No. 201834, 01 June 2016
Ban on Direct hiring, Art. 18 Labor Code
a. Remittance of foreign exchange earnings
b. Prohibited activities
c. Regulatory and visitorial powers of the Labor Secretary
7. SSS LAW
Coverage and effective date of coverage
Employer; employee and self-employed
Exception from coverage of SSS Law
Agricultural labor;
Employment purely casual and not for the purpose of the occupation or business of the employer;
Service performed by an individual in the employ of his son, daughter, or spouse, and service
performed by a child under the age of twenty-one years in the employ of his parents;
Service performed on or in connection with an alien vessel by an employee if he is employed when
such vessel is outside the Philippines;
Service performed in the employ of the Philippine Government or instrumentality or agency thereof;
Service performed in the employ of a foreign government or international organization, or their
wholly-owned instrumentality;
Such other services performed by temporary employees which may be excluded by regulation of the
Commission. Employees of bona fide independent contractors shall not be deemed employees of
the employer engaging the services of said contractors.
Non-remittance of contributions by employers; penalty for violation and prescriptive period