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Hello HR Practitioners,

I work for an electronics manufacturing firm here in Manila and our auditors quoted article 130 of the labor law restricting females from working at night shift. Is there any provision that supercedes this law? Almost all semicon electronics as well as cost center operations allows female to work at night.

 

Please provide your professional statement on this matter.

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Hello HR Practitioners,

I work for an electronics manufacturing firm here in Manila and our auditors quoted article 130 of the labor law restricting females from working at night shift. Is there any provision that supercedes this law? Almost all semicon electronics as well as cost center operations allows female to work at night.

 

Please provide your professional statement on this matter.

 

Check if your female employees work under any of the following conditions:

 

ART. 131. Exceptions. - The prohibitions prescribed by the preceding Article shall not apply in any of the following cases:

 

(a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety;

 

(B) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;

 

© Where the work is necessary to prevent serious loss of perishable goods;

 

(d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;

 

(e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers;

 

(f) Where the women employees are immediate members of the family operating the establishment or undertaking; and

 

(g) Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

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i dunno whjere to post my question....but anyway, if you're applying for a job abroad (or in a different region here in the country) and want to bring your family with you, where/when do you bring that up with the prospective employer??? sa application letter ba? can you suggest of ways to nicely word that intent? :)

 

tnx!

 

You don't usually ask that upfront, if ever.

 

It usually comes out especially if it's your first time to relocate.

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Hello HR Practitioners,

I work for an electronics manufacturing firm here in Manila and our auditors quoted article 130 of the labor law restricting females from working at night shift. Is there any provision that supercedes this law? Almost all semicon electronics as well as cost center operations allows female to work at night.

 

Please provide your professional statement on this matter.

 

 

If your work sked based on your contract of employment is at night, the law recognizes that as an exception to the general rule prohibiting women to work at night.

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  • 2 weeks later...
Check if your female employees work under any of the following conditions:

 

ART. 131. Exceptions. - The prohibitions prescribed by the preceding Article shall not apply in any of the following cases:

 

(a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety;

 

(B) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;

 

© Where the work is necessary to prevent serious loss of perishable goods;

 

(d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;

 

(e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers;

 

(f) Where the women employees are immediate members of the family operating the establishment or undertaking; and

 

(g) Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

May I add that the company needs to write a letter addressed to the Secretary of Labor requesting for exemption from the provisions of Article 130 of the Labor Code if your case is only analogous to the foregoing exemptions. In your letter, justify the circumstances which make it unavoidable for your company to require women to work at night time. The Secretary of Labor will then issue an order of exemption. (It is not within our power to say that our circumstances is analogous to the above exemptions. This is the power and function of the Secretary of Labor). BPO companies/call centers will have no problem securing exemption.

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  • 1 month later...

Guys I'm currently working at APAC Cubao Branch. I started there last December 8 so it means that I'm still on probationary period. Last Dec. 23 we worked on the night shift from 11 pm to 8am. According to HR and our trainor we will not recieve a double

pay or any increase on that day since we are still not regular employees. We will also go to work on December 26 and we still do not have ny increase on that day. I think that this is very wrong and they should give us extra if we are going to work on therse days

 

Can anyone give me advice on this?

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Guys I'm currently working at APAC Cubao Branch. I started there last December 8 so it means that I'm still on probationary period. Last Dec. 23 we worked on the night shift from 11 pm to 8am. According to HR and our trainor we will not recieve a double

pay or any increase on that day since we are still not regular employees. We will also go to work on December 26 and we still do not have ny increase on that day. I think that this is very wrong and they should give us extra if we are going to work on therse days

 

Can anyone give me advice on this?

 

As to December 23, they are correct on the double pay issue, but for the wrong reason. They are wrong on the "increase" issue. You are not entitled to double pay on December 23 because it's not a regular holiday. Not even a special holiday. But still you are entitled to night differential pay as provided for by the labor code.

 

Sa December 26, you are entitled to holiday pay of an additional 30% (yata - don't have my notes right now and am on a rush), but not double. Also entitled to night differential pay as well.

 

The law does not discriminate between regular and probationary in those cases. As long as you are required to work, you have to be paid properly.

 

I can quote you the pertinent sections later.

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  • 2 months later...
can anyone can be some documents on how to hire employee just resume lang ba kailangan for his 201 file and Medical..

 

These documents just came out on top of my head and I might be missing some:

 

Application form

BIR form

SSS ID (give form if its his 1st job); also ask if he has current loans if yes ask for the voucher

PAGIBIG Card (give form if its his 1st job); also ask if he has current loans if yes ask for the voucher and do the necessary transfer of records process

Other IDs that are relevant to employment (PRC ID, Drivers License, etc)

Certificate of employment / Proof of employment from previous company

 

I hope this helps.

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Working for 18 mos in a call center in Fort Bonifacio and still I'm not a regular employee.

 

reason: Medical Benefit; Did not passed 1 test. I already filed a waiver on my 9th month but they never replied.

Before our mgt could submit a waiver, emmployees must have a good performance rate. Already had that, that's why our lower mgt already filed a request for regularization to our higher mgt, but still no avail till now.

 

my salary should have increased around 4-5T pesos per month if ever Im regularized plus the VL, SL benefits. never recvd any performance bonus.

 

If ever Im not performing well, why am I still in that company?

 

Did they violate any Labor law?

 

I want to know my rights.

 

I'll be filing my resignation effective on the 20th of march 2009.

What are the things that I should get from my back pay?

 

If my additional pay should have been 4T / month x 13 = 62T = Amount I lost plus the hefty performance bonuses.

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  • 2 weeks later...

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