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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Beware Of Job Scams In Social Media Using A Hotel Company

These days, technology has made it easy for job seekers to search for employment. However, not all jobs spread through job placement sites and social media are legitimate. Secretary Rosalinda Dimapilis-Baldoz of Department of Labor and Employment (DOLE) warns job seekers against social media job scams. The warning was issued by Philippine Overseas Employment Administration (POEA). The agency advises applicants to be more cautious because this employment scam uses a hotel company’s name. Baldoz added that aside from sending e-mails to jobseekers, these scammers are also using social media to lure people who are searching for employment using social channels such as Facebook.

According to the scammers Facebook post, Marriott Hotel in Canada is in need of new workers. The said hotel company was offering jobs for various positions such as technicians, comedians, models, actors, stewards and other related hotel job categories. Although these scammers use reputable companies to attract potential victims, it is easy to identify red flags once jobseekers are cautious. Scammers often use e-mail and social media to post fake job openings. However, for a company as reputable as Marriott Hotel, it is very unlikely to receive alerts on their job openings through e-mail or social media.

Unsuspecting victims are requested to send resume, application and other essential documents. The scammer will suggest sending these documents to a fraudulent email address, which is usually a free web-based email. Marriott Hotel has its own email address and will not contact applicants using free e-mail service. Once the scammers earn the applicant’s trust, they are going to request for a certain amount of money to be sent via bank or wire transfer. The scammers will trick applicants into believing that the money will be used as payment for visa, immigration and processing fees. If you are dealing with a legitimate company, you will not be required to shell out some cash just to be considered for employment.

Another red flag is when the job openings have grammatical or spelling mistakes. A job opening from a legitimate company such as Marriott Hotel is free of grammatical and spelling errors as they are professionally written. POEA advises jobseekers to follow precautionary measures so illegal recruitment can be avoided. When searching for employment, POEA encourages jobseekers to deal with recruitment agencies licensed by POEA.

Avoid agencies that require you to make a payment for processing your papers. Do not deal with an unauthorized person of a licensed agency. If an agency promises overseas employment without requiring an applicant to undergo proper screening and application process, this is also considered a red flag. For available job orders, applicants may visit POEA website.

Unremitted SSS Contributions: Are Employers Liable?

Is there a penalty for employers who fail to remit employees’ SSS contributions? By strengthening Republic Act 8282, there will be stiffer penalties for delinquent employers. Problems with SSS contributions have created a negative effect on SSS pensioners and P1200 per month cannot support the pensioners’ daily needs. According to Neri Colmenares, the uncollected contributions should be used in increasing the pension of most SSS members, which include OFWs. There are thousands of cases where employers do not remit SSS contributions. While it reflects on the employee’s payslip, the anomaly remains unexplained and undiscovered until the employee resigns.

Section 28 of RA 8282 states that non-remittance of worker’s SSS contributions shall be punishable by:

“a fine of not less than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00), or imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years, or both, at the discretion of the court: Provided, That where the violation consists in failure or refusal to register employees or himself, in case of the covered self-employed or to deduct contributions from the employees’ compensation and remit the same to the SSS, the penalty shall be a fine of not less Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) and imprisonment for not less than six (6) years and one (1) day nor more than twelve (12) years.

"(f) If the act or omission penalized by this Act be committed by an association, partnership, corporation or any other institution, its managing head, directors or partners shall be liable for the penalties provided in this Act for the offense.

"(g) Any employee of the SSS who receives or keeps funds or property belonging, payable or deliverable to the SSS and who shall appropriate the same, or shall take or misappropriate, or shall consent, or through abandonment or negligence, shall permit any other person to take such property or funds, wholly or partially, or shall otherwise be guilty of misappropriation of such funds or property, shall suffer the penalties provided in Article Two hundred seventeen of the Revised Penal Code.

"(h) Any employer who, after deducting the monthly contributions or loan amortizations from his employee’s compensation, fails to remit the said deduction to the SSS within thirty (30) days from the date they became due, shall be presumed to have misappropriated such contributions or loan amortizations and shall suffer the penalties provided in Article Three hundred fifteen of the Revised Penal Code.

"(i) Criminal action arising from a violation of the provisions of this Act may be commenced by the SSS or the employee concerned either under this Act or in appropriate cases under the Revised Penal Code: Provided, That such criminal action may be filed by the SSS in the city or municipality where the SSS office is located, if the violation was committed within its territorial jurisdiction or in Metro Manila, at the option of the SSS.”

Law On Employment Of Night Workers

With the prevalence of BPO industries, more and more people are working at night. In the past nurses, cops and doctors were the only ones who are known for working during nighttime. If you are a night worker or you know someone who is, a knowledge on the law on night workers can help you understand your rights as an employee. 

Who are considered night workers?

Any employed individual whose job requires rendering substantial number of hours of night work is considered a night worker. More often than not, the night work exceeds a specified limit, which the Secretary of Labor shall fix after the labor organizations and employers have been consulted. 

The coverage of the amendments under R.A. 10151

The amendments apply to all individuals, who are permitted or employed to work at night, except the ones who are employed in stock raising, agriculture, maritime transport, fishing and inland navigation. It should be during a period of not less than seven consecutive hours. This includes the interval from midnight until five o’clock in the morning. The coverage will also be determined by the Secretary of Labor and Employment and the labor organizations and employers must be consulted. 

Health assessment

If workers request to undergo free health assessment, the request needs to be granted. The health assessment must be given before taking a job as a night worker and it should also be performed at regular intervals. They should also undergo health assessment if they are experiencing health problems during such an assignment, which is not due to the factors involved in night work. If the employee is deemed unfit for night work, the findings will not be transmitted without the worker’s consent. Furthermore, the findings will not be used to their detriment. 

Employees Who Are Deemed Unfit For Night Work 

• Night workers who are unfit for night work due to health reasons will be transferred to a similar job practicable, which they are considered suitable to work. 

• When transfer to a similar job is not practicable, the employees will be granted the same benefits as other employees who are unable to work. 

• If the night worker has been diagnosed to be temporarily unfit for night work, they will be given protection against termination or dismissal due to health reasons. 

Women can be employed as night workers, but measures must be taken to ensure that there is an alternative to night work for women workers. Nursing mothers and pregnant women are also allowed to work if a competent physician has provided a certification that they are indeed fit to render night work. It should be certified by a physician other than the company physician. 

The Law On Wage Increase

With prime commodities going nowhere but up, wage increase has been in demand. However, the increase in the wage involves a process to determine how much the employee is going to receive. This is where the Wage Order comes in.  The Regional Board is going to gather pertinent facts following certain criteria and standards. With these facts, the board shall determine whether or not a Wage Order will be issued. The Wage Order fixes the wage in the region. The Wage Order covers private employees but not government employees. It should commence after 15 days from the completion of at least one newspaper publication. This is under Art. 123, Labor Code, which was amended by Republic Act RA 6727 or also referred to as the Wage Rationalization Act. 

When does wage increase take effect?

Only one wage increase is allowed every year hence, a wage order will only be issued once a year. If a wage increase is requested within the 12-month period, it shall not be entertained. However, there is an exception to the rule, following the supervening condition. For instance, if there is a drastic increase in the prices of basic goods and services or petroleum products, the wage increase within the 12-month period may be considered. The Regional Wage Boards will determine supervening condition’s existence and will be confirmed by the National Wages and Productivity Council (NWPC). The Regional Wage Boards is responsible for determining and fixing minimum wage rates applicable in their provinces, regions or industries. 

A Wage Order cannot be issued without a public hearing or consultation being conducted. Employees and employers’ provincial, city, groups and municipal officials will be given notices as well. 

The Criteria For Fixing The Minimum Wage

There are relevant factors that must be considered before the increase in the wage takes effect:

• Standards of living improvements;

• The increase in the cost of living;

• Living wages demands;

• Adjustment on wage based on the consumer price index;

• The needs of workers and their families;

• Effects on family income and employment generation;

• The wage levels;

• The demand for inducing industries to invest in the countryside; and

• The income’s equitable distribution.

Both the employer and the employee must observe the minimum wage that was provided in the Wage Order. The employer is prohibited to pay an amount that is lower than amount stipulated in the Wage Order and the employee cannot demand an amount higher than the amount fixed in the Wage order. In some cases, freedom to bargain is allowed in particular enterprises and firms.  

Everything You Need To Know About Employment Termination For Health Reasons 

Employees are mandated to undergo annual medical examination to keep their health condition in check. However, there are instances when an employee suffers from an illness that may cause his employment to be terminated. Employers have the right to terminate an employee due to medical or health reasons. It does not happen in an instant without proving that the employee has already been examined and found to be unfit or unable to carry out daily duties. 

How does employment termination take place on the grounds of ill-health?

• An employee will be subject for termination if his illness has been found detrimental to his job or that of his colleagues. 

• If the disease has been found to be incurable after six months of proper medical treatment, the employment will be at risk of termination. 

• Employment termination will also be given if the employee has already suffered from a disease. 

Medical Examinations 

Arrangements will have to be made if an employee cannot perform his duties due to illness. The supervisor will discuss the situation with the Human Resource Consultant and the employee will have to undergo medical examination to find out more about the illness. 

There should be at least one month’s written notice prior to the medical examination and it should be completed within the same period. Once the result of the medical examination has been released, both the employer and the employee will get a copy of the report. The medical certificate is essential because this will be used as the basis for the employees’ status of employment if they have been diagnosed. 

If employees are no longer advised to continue their employment, they must present a certification, which is signed by a public health authority or competent medical practitioner, stating medical reasons. The certification should include the stage of illness and the treatment that the employee has undergone. 

A leave of absence will be taken if the employee’s ailment can be cured within the period of six months. Once the employee has nursed himself back to health and has been restored to his best health condition, he has the right to be reinstated to the position he previously held prior to taking the leave of absence. 

You must also take note that disability differs from disease. Even if the employee has permanent disability, it cannot be used as a ground for employment termination. In fact, an employer can be charged for a criminal offense if a disabled employee has been terminated.   Employers have no right to terminate an employee if the disease has just been suspected. There should be a concrete proof, duly signed by an authorized physician that the employee is already incapable of performing the duties.



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