Thursday, February 20, 2014
Thursday, February 13, 2014
ON CONTRACTUAL/CONTRACTING EMPLOYEES
Department of
Labor and Employment, Department Order 18-A, with the Implementing Rules on
Article 106 to 109 of the Labor Code is all about Job Contracting.
There are
different types and terms of Job Contracting. One which is familiar to me is
the Contractual Type of employment wherein a worker works only for a specified
period time. They are not considered regular.
However, they are
covered too by the rules on Labor Standards.
a.
They
are entitled to government-mandated benefits - SSS, PAG-IBIG, Philhealth, 5
days Service Incentive Leave after 1 year of service.
b.
It is legally advisable not to renew their
contracts. A six months service in a company, whether continuous or broken,
entitles them to claim for regularization.
Another type in
which I am also familiar with is hiring of personnel through an agency or
contractors. The following are considered in checking if said contractor is
prohibited or not.
It is a legitimate
contractor when:
a) The contractor or subcontractor carries on a distinct and
independent business and undertakes to perform the job, work or service on its
own account and under its own responsibility according to its own manner and
method, and free from the control and direction of the principal in all matters
connected with the performance of the work except as to the results thereof;
(b) The contractor or subcontractor has substantial capital or investment; and
(c) The agreement between the principal and contractor or subcontractor assures
the contractual employees entitlement to all labor and occupational safety and
health standards, free exercise of the right to self-organization, security of
tenure, and social and welfare benefits.
Wednesday, February 12, 2014
ARTICLE V OF REPUBLIC ACT NO. 9165 - A DRUG FREE WORKPLACE – IS A MUST
Pursuant to Article V of Republic Act No. 9165 or the Comprehensive
Dangerous Drugs Act
of 2002, and its Implementing Rules and Regulations and DOLE Department Order
No. 53-03, series of 2003 (Guidelines for the Implementation of a Drug-Free
Workplace Policies and Programs in the Private Sector), the following policies
and programs must be adopted to achieve a drug-free workplace:
COVERAGE
This
law applies to all establishments in the private sector, including contractors
and concessionaires.
COMPONENTS
Advocacy, Training and Education – employees should be kept aware
and educated about the dangers of using drugs including its consequences.
Drug Testing – random drug testing should be
done in accordance with the company’s rules and regulation in order to avoid or
lessen the risk in the workplace.
Treatment, Rehabilitation and
Referral – this option
is given only to officers and employees who are diagnosed with drug dependence
for the first time, or who turn to the Assessment Team for assistance, or who would
benefit from the treatment and rehabilitation.
CONSEQUENCES
OF POLICY VIOLATIONS
1.
Any officer or employee who violated or commits other unlawful acts as
defined under Article II of RA 9165 and its Implementing Rules and Regulations
shall be subject to the pertinent provisions of the said Act.
2.
Any officer or employee found positive for use of dangerous drugs shall
be dealt with administratively in accordance with the provisions of Article 282
of Book VI of the Labor Code and under RA 9165.
CUSTOMER SERVICE – TO RECRUIT OR TO OUTSOURCE?
We are a customer oriented company and currently thinking of
the need to have a Customer Service Desk in order to fully address the necessitates
of the clients including the seems to be hard to resolve critical protest or
complain. What is the best thing to do – to recruit or to outsource?
In deciding on whether to recruit or outsource personnel,
following are essential to be considered:
Scope of Work and Volume of Work – Is it a very complicated
task or merely just answering phone calls and queries? If it is just a small
task with less danger if someone commits a mistake, then outsourcing is an
option. But if entails full responsibility of the taking care of the general requirements
of the clients, then recruiting a personnel would be better.
In other words, it depends on your objective and the set budget
in deciding so.
Sunday, November 24, 2013
NEW SSS CONTRIBUTION IN 2014
This news has been released early in May or
June of this year but was finally announced and confirmed last October 2013.
It is confirmed that a 0.6 percent hike in
SSS contribution will take effect in the coming year. Starting January 2014 the
employee will have a share of 3.63% in the contribution and the employer with a
share of 7.37%. The monthly salary credit or MSC will increase to PHP 16,000.00
per month.
Such increase in payment or contribution
will result to increase in benefits. The maternity benefit is one example. Since
the monthly salary credit increases as the contribution increases, then that
will result to a higher computation of the said benefit. The maternity is being
computed based on the monthly salary credit.
Tuesday, September 3, 2013
WHAT TO DO WITH EXCESS LEAVES?
If a company have always practiced
non-conversion and non forfeiture of its leaves and resulted in a number of
excess-leaves, what is the best thing to do?
The scenario is that the company only provides the
10-VL SL. Due to non-treatment of excess leaves, employees have as much as 20+
leaves. Co. Wants to change this .
ANSWER:
It depends on what the management is willing to do
and what is it that you want to convey to your employees. In other words, go
back to your purpose: “ what is the reason for granting SL and VL to your
employees?”
Do you want them to take a break and recharge from
an exhausting work in order to have a better performance when they come back?
If you really want them to take a break, forfeiture
of unused vacation leaves would be in order. This would compel them to use it.
This way you put across the message that vacations are important to their
well-being and that the company is looking out for them on this.
SL on the other hand should be treated differently.
Unused SL could be monetized. This then serves as an incentive for them to keep
themselves healthy, as the SL is actually savings for them.
There are a number of ways to treat the excess, but
the key is what do you (and management for that matter) want to do?
Saturday, August 3, 2013
PHILHEALTH - ON REGISTERING AND REPORTING EMPLOYEES
Philhealth is one of
the government mandatory benefits in the Philippines. It aims to provide
medical assistance to nearly the entire population. It caters the five patient
groups as : the workers; the Retirees; the OFWs; the indigents ; and the
Non-poor and others.
Benefits package are
the same for each group except for indigents and the OFWs who have additional
outpatient primary care benefits.
Let’s leave it at
that and now continue with the write-up on the formal sector since HR works for
the employed.
PHILHEALTH REGISTRATION FOR NEWLY HIRED AND EXISTING
EMPLOYEES WITHOUT PIN YET
- Get a Philhealth
Member Registration Form from the HR Department and fill it up.
- Attach the supporting
documents for qualified dependents as: birth certificate for children and the
marriage contract for spouse.
- Submit to HR
Department. Better to have a receiving copies of your evidence in doing
follow-ups.
- HR Department will
then forward it to Philhealth office together with ER2 Form or Report of
Employee Members.
- Then, Philhealth will
send the Philhealth ID card and a copy of the Member Data Record to the
member through his employer or the HR Department.
HR Department should be organized in keeping up this files
of the employees since they are designated as the custodian.
PHILHEALTH FOR NEWLY HIRED EMPLOYEES WITH PIN
For newly-hired with
PIN , he/she just have to report his PIN to the employer to indicate the same
in ER2.
HR TO REPORT NEW AND SEPARATED EMPLOYEES TO PHILHEALTH
HR must be
responsible enough to report the employees to Philhealth to ensure that they
can get due benefits especially in times of need.
Newly – hired employees must be reported
using the ER2 Form .
Reporting must be done within 30 days of hiring date.
Separated employees must be reported
using RF1 within 30 days from date of separation from the office.
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