Socleg-2nd-exam-notes.docx

SOCIAL LEGISLATION Second Exam Coverage S.Y. 2016-2017 Lizette Kaye F. Estillore

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MATERNITY LEAVE    

Female member, married or unmarried Employed at the time of delivery or miscarriage At least 3 monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage 100% of average daily salary credit for:  60 days  78 days - caesarian delivery

Conditions: 1. EE notified ER of her pregnancy and the probable date of her childbirth. This shall be transmitted to the SSS. − through Maternity Notification Form 2. Full payment shall be advanced by the ER within 30 days from the filing of the maternity leave application. It can be either:  Full payment  Installment payment (1) Upon receipt of maternity leave application (2) Not later than 30 days after payment in (1) 3. Payment of benefits shall be a bar to the recovery of sickness benefits provided in SSS Law for 60 days or 78 days, as the case may be, for which daily maternity benefits have been received. − No member can be entitled to two benefits for the same period 4. Only for the first 4 deliveries or miscarriages is covered 5. SSS shall reimburse the ER 100% of the amount of maternity benefits advanced to the EE by the ER upon receipt of satisfactory proof of such payment and legality thereof 6. If EE should give birth or suffer miscarriage  Without the required contributions having been remitted for her by her ER to the SSS; or  Without SSS having been previously notified by the ER of the time of the pregnancy the ER shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to.

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APPLICATION:  Within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by i. Company rules and regulations; or by ii. Collective bargaining agreement.  In case of a miscarriage, prior application for paternity leave shall not be required. AVAILMENT:  Enjoyed by the qualified employee after the delivery, without prejudice to an ER’s policy of allowing the EE to avail of the benefit before or during the delivery  Availed of not later than 60 days after the date of said delivery BENEFITS:  7 working days paternity leave with pay, consisting of basic salary, all allowances and other monetary benefits, provided that his pay shall not be less than the mandated minimum wage. A married male employee shall file the application for said leave at least one week prior to the expected delivery EXC: In cases of miscarriage and abnormal deliveries which are unforeseen.

Maternity benefits are not part of the 13 th month pay computation as this is granted to EE in lieu of wages.

PARENTAL LEAVE 

PATERNITY LEAVE      

Married male employee − Private sector (RA 8187) − Public sector (CSC Rules) 7 days with full pay First 4 deliveries of the legitimate spouse with whom he is cohabiting Non-cumulative Non-convertible to cash If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit (Handbook)

PATERNITY LEAVE. Leave credits granted to a married male employee to allow him to earn compensation for 7 working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child. DELIVERY. Refers to childbirth, miscarriage or abortion. SPOUSE. Refers to the lawful wife, which refers to a woman who is legally married to the male EE concerned. COHABITING. Refers to the obligation of the husband and wife to live together. CONDITIONS: 1. Employed at the time of delivery of his child 2. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage

He has notified his ER of the pregnancy of his wife and her expected date of delivery − Submit Paternity Notification Form together with a copy of his marriage contract, or where not applicable, any proof of marriage. − Not applicable in cases of miscarriage or abortion His wife has given birth, suffers a miscarriage or an abortion − Within a reasonable period of time, submit (1) a copy of the birth certificate of the newly born child; or (2) death or medical certificate in case of miscarriage or abortion duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.

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Solo parent or individual left alone with the responsibility of parenthood 7 work days every year Non-convertible to cash Unless specifically agreed on

Any solo parent or individual left alone with the responsibility of parenthood due to: 1. Giving birth as a result of rape or, as used by the law, other crimes against chastity Provided, that the mother keeps and raises the child 2. Death of spouse 3. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year, whether or not a final judgment has been rendered Provided they are in detention for a minimum period of one (1) year 4. Physical and/or mental incapacity of spouse as certified by a public medical practitioner 5. Legal separation or de facto separation from spouse for at least one (1) year Provided that he/she is entrusted with the custody of the children 6. Declaration of nullity or annulment of marriage as decreed by a court or by a church Provided that he/she is entrusted with the custody of the children 7. Abandonment of spouse for at least one (1) year 8. Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution 9. Any other person who solely provides parental care and support to a child or children

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SOCIAL LEGISLATION Second Exam Coverage S.Y. 2016-2017 Lizette Kaye F. Estillore

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provided, that he/she is: 1. Duly licensed as a foster parent by the DSWD; or 2. Duly appointed legal guardian by the court 10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.

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13th Month Pay 

“family member” - any relative by consanguinity up to the fourth civil degree

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A change in the status or circumstance of the parent claiming benefits, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits. CHILDREN. Living with and dependent upon the solo parent for support who are unmarried, unemployed and below 18 years of age, or even 18 years and above but are incapable of self-support and/or mentally and/or physically challenged. PARENTAL LEAVE. Leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

The leave shall cover the dates that she has to attend to medical and legal concerns. Non cumulative Non convertible

ERs are required to pay all their rank-and-file employees a 13th month pay regardless of the amount of basic salary that they receive in a month Worked for at least one (1) month during a calendar year. Paid not later than December 24 of every year EXC: 1. ER may give ½ of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. 2. Frequency of payment of this monetary benefit may be the subject of agreement between the ER and the recognized/collective bargaining agent of the EEs.

BENEFITS: 1. Comprehensive Package of Social Development and Welfare Services. 2. Flexible Work Schedule − Shall not affect individual and company productivity − Any ER may request exemption from the above requirements from the DOLE on certain meritorious grounds − In the case of EE in the government service, flexible working hours will be subject to the discretion of the head of the agency 3. Educational Benefits 4. Housing Benefits 5. Medical Assistance 6. Essential Health Packages

EXEMPTED ERs/WHO EMPLOYS: 1. Government and any of its political subdivisions, including GOCC EXC: Corporations operating essentially as private subsidiaries of the Government 2. Already paying 13th month pay or more in a calendar year or its equivalent at the time of the issuance of the law 3. Household helpers and persons in the personal service of another in relation to such workers NB: Domestic workers are now covered with the 13th month pay 4. Paid on purely a. Commission, boundary, or task basis EXC: Commission is included if it is a part of the basic salary of the EE b. those who are paid a fixed amount for performing specific work, irrespective of the time consumed in the performance thereof EXC (1) EEs are paid on piece-rate basis in which case the ER shall grant the required 13th month pay to such workers (2)

LEAVE FOR VICTIMS OF VAWC

WORKERS PAID ON PIECE-RATE BASIS. Paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without regard to the time spent in producing the same.

QUALIFICATIONS:  At least 1year of service whether continuous or broken  Notified the ER of the availment within a reasonable time period  Presented a Solo Parent Identification Card to his/her ER

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN. An act or a series of acts committed by any person against a woman who is his wife, or former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which results in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.   

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Entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations and other existing laws and company policies Extendible when the necessity arises as specified in the protection order Requirement to avail of the paid leave: Certification from either of the following: 1. Punong Barangay/Kagawad 2. Prosecutor 3. Clerk of Court For Government Employees, in addition to the aforementioned certification, the EE concerned must file an application for leave citing as basis RA 9296 The availment of the leave shall be at the option of the woman EE

MANAGERIAL EMPLOYEE. Vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions. All employees not falling within this definition are considered rank-and-file employees. RANK-AND-FILE EMPLOYEES. All employees not falling within the definition of a managerial employee. BASIC SALARY. Include all remunerations or earning paid by this employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances. EXC: The abovementioned salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees. EEs paid by Result or Piece Work Basis − Entitled to the 13th month pay − EEs who are paid a fixed or guaranteed wage plus commission are also entitled to the mandated 13th month pay, based on their total earnings during the calendar year

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SOCIAL LEGISLATION Second Exam Coverage S.Y. 2016-2017 Lizette Kaye F. Estillore

EEs with Multiple Employers − Government employees working part time in a private enterprise and/or educational institutions, as well as employees working in two or more private firms, whether on full or part time basis − Entitled to 13th month pay from all their private employers regardless of their total earnings from each or all their employers. Private School Teachers − Entitled to the 13th month pay, regardless of the number of months they teach or are paid within a year, if they have rendered service for at least one (1) month within a year. EEs that Resigned or Separated − If terminated at any time before the time for payment of the 13th month pay, entitled to this benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service − May be demanded by the EE upon the cessation of EE-ER relationship “Basic salary” − contemplates work within the normal 8 working hours in a day − Not the amount actually received by but 1/12 of their standard monthly wage multiplied by their length of service within a calendar year Extras, causals, and seasonal EEs are entitled.

MAGNA CARTA FOR WOMEN DISCRIMINATION AGAINST WOMEN. Any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.

certified by a competent physician. For purposes of the Act and these Rules and Regulations, gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy. A woman may avail of this special leave benefit in case she undergoes surgery caused by gynecological disorder and at the same time maternity benefits as they’re not mutually exclusive.

EXPANDED SENIOR CITIZEN’S ACT SENIOR CITIZEN OR ELDERLY. Any Filipino citizen who is a resident of the Philippines, and who is 60 years old or above. It may apply to senior citizens with "dual citizenship" status provided they prove their Filipino citizenship and have at least 6 months residency in the Philippines. BENEFITS:  20% discount on:  Medical-related privileges  Medicine and drug purchases  Medical supplies, accessories and equipment  Medical and dental services  Professional fees of attending physician  Professional fees of licensed health workers providing home health care services  Transportation  Air and Sea  Land: LRT, MRT, PNR, buses, jeepneys, taxi and shuttle services  Hotels, restaurants, recreational facilities, places of leisure  Hotels, restaurants, theaters, cinemas, concert halls, circuses, leisure and amusement 

It includes any act or omission, including by law; policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices. Discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act. Special Leave Benefits for Women  Female employee in the public and private sector regardless of age and civil status  Entitled to a special leave of 2 months with full pay based on her gross monthly compensation subject to existing laws, rules and regulations due to surgery caused by gynecological disorders CONDITIONS: 1. Rendered at least 6 months continuous aggregate employment service for the last 12 months prior to surgery 2. In the event that an extended leave is necessary, the female employee may use her earned leave credits 3. Non-cumulative and nonconvertible to cash GYNECOLOGICAL DISORDERS. Disorders that would require surgical procedures such as, but not limited to, dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as

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Recreation centers  Fees, charges and rental for sports facilities and equipment  Funeral services  Funeral and burial expenses include casket or urn, embalming, cremation cost, and other services. Utility discount  Grant of a minimum of 5% discount relative to the monthly use of water and electricity, provided that the meter is registered under the name of the senior citizen residing therein and does not exceed 100 kWh and 30 m³.

EXEMPTIONS:  Tax exemption  Exemption from payment of individual income tax of those who are considered to be minimum wage earners  Training fee exemption  Training fees for socio-economic programs conducted by private and government agencies subject to the guidelines issued by DTI, DOLE, DA, TESDA and DOST-TRC. FREEBIES:  Free medical and dental services  Free vaccinations GOVERNMENT ASSISTANCE  Social Pension  Indigent senior citizens shall be entitled to a monthly stipend amounting to P500 to augment daily subsistence and other medical needs.  Mandatory PhilHealth coverage  All senior citizens are covered by the national health insurance program of PhilHealth.  Social safety nets

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SOCIAL LEGISLATION Second Exam Coverage S.Y. 2016-2017 Lizette Kaye F. Estillore

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The social safety assistance shall include, but not be limited to, food, medicines, and financial assistance for house repair to cushion effects of economic, disaster and calamity shocks. Death benefit assistance  Assistance of a minimum of P2,000 shall be given to the nearest surviving relative who took care of the deceased senior citizen.

OTHERS  Express lanes  Express lanes shall be provided in all private, banking, commercial and government establishments; priority shall be given in their absence.  Educational privileges  Assistance shall be granted to senior citizens to pursue education through provision of scholarships, grants, financial aids, subsidies and other incentives.  Benefits and privileges for retirees  Continuance of the same benefits and privileges by GSIS, SSS and PAG-IBIG as enjoyed by those in active service.  Privileges on special discounts in special programs In order to avail of these benefits, the senior citizen or his/her authorized representative shall present a valid and original Senior Citizens’ Identification Card. Senior citizen shall be granted the continuance of the same benefits and privileges given by the GSIS, SSS and PAG-IBIG, as the case may be, as are enjoyed by those in active service.

PERSONS WITH DISABILITIES PERSONS WITH DISABILITY. Those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. Persons with disability shall be classified by the Department of Health (DOH) through an issuance. BENEFITS:  20% Discount and Value Added Tax (VAT) Exemption:  Lodging Establishments  Restaurants  Recreation Centers  Purchase of Medicines and Foods for Special Medical Purposes  Medical and Dental Services, Diagnostic and Laboratory Fees and Professional Fees of Attending Doctors  Domestic Air and Sea Travel  Land Transportation Travel  Funeral and Burial Services for the Death of a Person with Disability  Educational Assistance for Persons with Disabilities  The benefits and privileges to be extended by the GSIS, SSS and Pag-ibig to persons with disability shall be based on their respective charters  Special Discounts in Special Programs  Special Discounts in Special Programs ENTITLEMENT: 1. Available to persons with disability who are Filipino citizens, upon submission of any of the following as proof of his/her entitlement thereto: 1. ID issued by the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the person with disability resides. 2. The passport of the concerned person 3. ID issued by the National Council on Disability Affairs. 2. The same benefits shall be made available to:

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Filipinos who hold foreign passports but are registered as dual citizens and Filipinos who have re-acquired their Filipino citizenship RA 9225

ANTI-AGE DISCRIMINATION IN EMPLOYMENT ACT COVERAGE: 3. All employers, labor contractors or subcontractors, labor organizations, and publishers. PROHIBITED ACTS: 1. Employers a. Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age; b. Require the declaration of age or birth date during the application process; c. Decline any employment application because of the individual’s age; d. Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual’s age; e. Deny any EEs promotion or opportunity for training because of age; f. Forcibly lay off an EE because of old age; or g. Impose early retirement on the basis of such EE’s age 2. Labor Contractor or Subcontractor a. Refuse to refer for employment or otherwise discriminate against any individual because of such person’s age 3. Labor Organization a. Deny membership to any individual because of such individual’s age b. Exclude from its membership any individual because of such individual’s age c. Cause or attempt to cause an employer to discriminate against an individual 4. Publisher a. Print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age EXCEPTIONS: 1. Age is a bona fide occupational qualification − Age is a bona fide occupational qualification reasonably necessary in the normal operation of a particular business or where the differentiation is based on reasonable factors other than age; 2. Bona fide seniority system − The intent is to observe the terms of a bona fide seniority system that is not indicated to evade the purpose of this Act 3. Bona fide employee retirement or a voluntary early retirement plan − The intent is to observe the terms of a bona fide EE retirement or a voluntary early retirement plan consistent with the purpose of this Act: Provided, That such retirement or voluntary retirement plan is in accordance with the Labor Code, as amended, and other related laws 4. The action is duly certified by the Secretary of Labor and Employment PENALTIES (Discretion of the Court):  Fine of P50,000 to P500,000  Imprisonment of 3 months to 2 years  If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity.

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SOCIAL LEGISLATION Second Exam Coverage S.Y. 2016-2017 Lizette Kaye F. Estillore

DISCRIMINATION re: ILLNESS Tuberculosis Hepatitis B HIV and Aids

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