Ruiz, Jevilyn Mary C.

2015-0184
ASSIGNMENT
002 – 2021
LABOR LAW REVIEW
Atty. Porfirio DG. Panganiban, Jr.

1. Explain thoroughly how employer employee relationship is

established?

Employer-employee relationship is established based on fact and law. It based on

fact because whether one exists or not is dependent upon the facts of each case.
On the other hand, it is also established based on law because it cannot be made
the subject of agreement.

The elements to determine whether such relationship exists are the following:
a. Selection and engagement of the employee;
b. Payment of wages;
c. Power of dismissal; and
d. Employer’s power to control the employee’s conduct with respect to the
means and methods by which the work is to be accomplished.

2. Explain and provide all the exempted employees from the

coverage of Art. 82 AND provide the basis and reason for their
exemptions AND provide illustrations for each.

a. Government employees
Government employees are exempted from the coverage of the Labor Code
because the terms and conditions of employment of all government employees,
including employees of GOCCs, are governed by the Civil Service rules and
regulations.

b. Managerial Employees

Managerial employees are exempted from the Labor Code because of their
functions, they are exempted if they meet all of the following conditions:
i. Their primary duty consists of the management of the
establishment in which they are employed or of a department or
subdivision thereof.
ii. They customarily and regularly direct the work of two or more
employees therein.
iii. They have the authority to hire or fire employees of lower rank; or
their suggestions and recommendations as to hiring and firing and
as to the promotion or any other change of status of other
employees, are given particular weight.
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2015-0184
iv.

c. Members of the managerial staff

Supervisory employees are those who, in the interest of the employer, effectively
recommend such managerial actions if the exercise of such authority is not
merely routinary or clerical in nature but requires the use of independent
judgment.

Officers or members of a managerial staff are also exempted if they perform the
following duties and responsibilities:
i. Their primary duty consists of the performance of work directly
related to management policies of their employer;
ii. Customarily and regularly exercise discretion and independent
judgment;
iii. (a) Regularly and directly assist a proprietor or a managerial
employee whose primary duty consists of the management of the
establishment in which he is employed or subdivision thereof; OR
(b) Execute under general supervision work along specialized or
technical lines requiring special training, experience, or knowledge;
OR execute, under general supervision, special assignments and
tasks;
iv. Do not devote more than 20% of their hours worked in a work week
to activities which are not directly and closely related to the
performance of the work described in paragraphs (1), (2) and (3)
above.

d. Field Personnel

Field personnel are non-agricultural employees:

i. Who regularly perform their duties away from the principal or place
of business or branch office of the employer; and
ii. Whose actual hours of work in the field cannot be determined with
reasonable certainty
They are exempted from the provisions of the Labor Code because they
have greater extent of working individually, they have little to no
restrictions in their work.

e. Members of the family of the employer who are dependent on

him for support
Workers who are family members of the employer, and who are dependent on
him for their support, are outside the coverage of this Title on working conditions
Ruiz, Jevilyn Mary C.
2015-0184
and rest periods. They are excluded from the provisions of the Labor Code
because the amount, nature, and time of work are not fixed. They are dependent
on the instruction of their employer-supporter-family member.

f. Domestic workers or kasambahay

Domestic worker or “Kasambahay” refers to any person engaged in domestic
work within an employment relationship such as but not limited to the following:
i. general househelp,
ii. nursemaid or “yaya”,
iii. cook,
iv. gardener or
v. laundry person

Domestic workers are exempted because they are covered by the Kasambahay
Law or RA 10361

g. Persons in the personal service of another

Persons in the personal service of another are not covered by Title I: Working
Conditions and Rest Periods if they:
i. Perform such services in the employer’s home which are usually
necessary or desirable for the maintenance and enjoyment thereof;
or
ii. Minister to the personal comfort convenience or safety of the
employer as well as the members of his employer’s household.

h. Workers who are paid by result as determined by DOLE

regulation
Workers who are paid by results are those whose output rates are in accordance
with the standards prescribed under Sec. 8, Rule VII, Book Three of these
regulations, or where such rates have been fixed by the Secretary of Labor and
Employment in accordance with the aforesaid Section. These include those who
are paid on piece work, “takay,” “pakiao” or task basis, and other non-time work.

3. Explain the principles in determining hours worked?

General principles in determining if time is considered as hours worked are the

following:
a. All hours are hours worked which the employee is required to give
their employer, regardless of whether or not such hours are spent in
productive labor or involve physical or mental exertion.
b. An employee need not leave the premises of the work place in order
that their rest period shall not be counted, it being enough that they
Ruiz, Jevilyn Mary C.
2015-0184
stop working, may rest completely and may leave their work place to
go elsewhere, whether within or outside the premises of their work
place.

c. If the work performed was necessary, or it benefited the employer, or

the employee could not abandon his work at the end of his normal
working hours because he had no replacement, all time spent for
such work shall be considered as hours worked, if the work was with
the knowledge of his employer or immediate supervisor.
d. The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be considered
working time either:
i. If the imminence of the resumption of work requires the
employee’s presence at the place of work, or
ii. If the interval is too brief to be utilized effectively and gainfully
in the employee’s own interest.

4. Explain the Principle of Co-Determination and its effects on

employees

The Principle of Co-determination provides that employees are given the right to
co-determine or share the responsibility of formulating certain policies that affect
their rights, benefits and welfare through collective bargaining agreements,
grievance machineries, voluntary modes of settling disputes and conciliation
proceedings mediated by the government.

The effect of this to the employees is that they were able to share and to have a
voice in the decision-making process involving their rights and benefits.

5. Provide your insights with following concept: “Shrinking

economic activity vs. Widening Employment Inequality”
Explain exhaustively.

Shrinking economic activities means that there is deterioration in economic

conditions. Economic activity is the activity of providing, making, buying, or
selling of commodities or services by people to satisfy their day-to-day needs of
life.  Less and less economic activities such are taking place and it is being
experienced all over the world. As there is decrease in economic activity,
inequality and poverty are rising. Widening employment inequality means that
there is increase of disparity between blue-collar and white-collar jobs, as well as
in terms of their income. These two concepts affect one another, if there is less
economic activity, employment inequality widens as a result.
Ruiz, Jevilyn Mary C.
2015-0184

6. Explain the following principles related to Labor Law:

a. No Work No Pay Principle
This principle provides that if there is no work performed by the employee, there
can be no wage or pay. The exception to this rule is when the laborer was able,
willing and ready to work but was prevented by management or was illegally
locked out, suspended or dismissed.

b. Fair Days Wage For a Far Day’s Labor

This principle governs the relation between labor and capital or management and
employee is that a "fair day's wage for a fair day's labor." It is hardly fair or just
for an employee or laborer to fight or litigate against his employer on the
employer's time.

c. Last In, First Out Principle (LIFO RULE)

This principle provides that between two or more employees affected by a
retrenchment program, the last one employed will be the first to go; seniority of
the ones hired earlier therefore prevails.

d. One Union One Company Policy

This principle provides that that despite having several unions, only one official
union may negotiate with the employer for a valid and binding resolution.

e. Equal Pay for Equal Work Principle

This principle provides that the employees are performing similar functions and
responsibilities under similar working conditions, should be paid equally. If
employer accords employees the same position and rank, the presumption is that
these employees perform equal work.

f. Management Prerogative
Management Prerogative is the right of an employer to regulate all aspects of
employment. It gives employers the freedom to regulate, according to their
discretion and best judgment, all aspects of employment, including:
i. Work assignment,
ii. Working methods,
iii. Processes to be followed,
iv. Working regulations,
v. Transfer of employees,
Ruiz, Jevilyn Mary C.
2015-0184
vi. Work supervision, lay-off of workers and the discipline, dismissal and
recall of workers

g. Contractual Prerogative
Contractual Prerogative provides that stipulations of the employment contract
regulate the privilege, duties, rights, and responsibilities between the employer
and the employee, and such must be upheld.

7. Explain the concept in labor law of “NON DIMUNITION OF

BENEFITS”.
This concept provides a prohibition against elimination of benefits already
provided. If the following are met, then the employer cannot remove or reduce
benefits:

a. Ripened company policy – Benefit is founded on a policy which has

ripened into a practice over a long period;
b. Practice is consistent and deliberate; and
c. Not due to error in the construction or application of a doubtful or
difficult question of law.
d. The diminution or discontinuance is done unilaterally by the
employer.

8. Provide the instances when an employee may be required to

render overtime work?

The instances when an employee may be required to render overtime work are
the following:
a. When the country is at war or when any other national or local
emergency has been declared by the National Assembly or the Chief
Executive;
b. When it is necessary to prevent loss of life or property or in case of
imminent danger to public safety due to an actual or impending
emergency in the locality caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic, or other disaster or calamity;
c. When there is urgent work to be performed on machines,
installations, or equipment, in order to avoid serious loss or damage
to the employer or some other cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable
goods; and
Ruiz, Jevilyn Mary C.
2015-0184
e. Where the completion or continuation of the work started before the
eighth hour is necessary to prevent serious obstruction or prejudice
to the business or operations of the employer.
f. Where overtime work is necessary to avail of favorable weather or
environmental conditions where performance or quality of work is
dependent thereon.

9. Provide the instances when an employee may be required to

render works on his rest day?

The instances when an employee may be required to render work on his rest
day are the following:
a. In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other disaster
or calamity to prevent loss of life and property, or imminent danger
to public safety;
b. In cases of urgent work to be performed on the machinery,
equipment, or installation, to avoid serious loss which the employer
would otherwise suffer;
c. In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be expected to
resort to other measures;
d. To prevent loss or damage to perishable goods;
e. Where the nature of the work requires continuous operations and
the stoppage of work may result in irreparable injury or loss to the
employer; and
f. Under other circumstances analogous or similar to the foregoing as
determined by the Secretary of Labor and Employment.

10. Provide the recognized principles in compensating employees

for work done on their rest day, Holidays or on a Sunday?

Employees who work during their rest day, Holidays or on a Sunday should be
provided premium pay. Premium pay refers to the additional compensation
for work performed within 8 hours on non-work days, such as rest days and
special days. Below are the principles in compensating employees for work
done in the said days:

a. An employee who is made or permitted to work on his scheduled rest

day shall be paid with an additional compensation of at least 30% of
his regular wage.
b. An employee shall be entitled to such additional compensation for
work performed on a Sunday only when it is his established rest day.
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2015-0184
c. An employee shall be paid an additional compensation of at least
30% of his regular wage for work performed on Sundays and
holidays, where the nature of the work of the employee is such that
he has no regular work days and no regular rest days can be
scheduled.

11. Explain the following terms, in relation to hours worked and if

compensable; to wit:
a. Waiting Time
Waiting time refers to two instances. First, it refers to employees engaged to wait
if his working time is considered an integral part of his work or if he is required
by his employer to wait. An example of this is when a utility staff was tasked to
deliver documents and checks to a certain office, however, the person authorized
to receive them is still in a meeting, the idle time spent by the staff in waiting for
the authorized personnel to give him the acknowledgement receipt is considered
“engaged to wait”. The second instance is “waiting to be engaged”, it refers when
an employee is completely relieved from duty and is aware as to the time of his
return for duty. An example of this is when the same utility staff staff was tasked
to deliver documents and checks to a certain office, and he delivered the
documents and checks at 11 o’clock in the morning and he was clearly advised by
the company that he is relieved from duty for four hours and that he should be
back exactly at 3 o’clock in the afternoon to get the acknowledgment receipt.

b. Subject to Call
Subject to call refers condition or status wherein an employee is permitted to
remain idle, and sometime free to leave the work premises, by the employer
subject to being summoned by the same for tasks to be performed. Such as on-
call surgeons who are erstwhile at home but paged/called by the hospital
whenever patients require urgent medical attention.

c. Brief Rest Periods

Brief Rest Periods refers to either:
a. Rest periods of short duration during working hours shall be
counted as hours worked, and
b. Rest periods or coffee breaks running from five (5) to twenty (20)
minutes shall be considered as compensable working time.

d. Travel Time
Travel time provides that an employee who travels from home before his regular
workday and returns to his home at the end of the workday is engaged in
ordinary home-to-work travel which is not considered hours worked, except:
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2015-0184
i. When called to travel during emergency;
ii. When travel is done through a conveyance furnished by the
employer;
iii. Travel is done under vexing and dangerous circumstances;
iv. Travel is done under the supervision and control of the
employer.
v.

e. Lectures, Meetings, Training Programs

This concept provides that attendance at lectures, meetings, training programs,
and other similar activities shall not be counted as working time if ALL of the
following conditions are met:
i. Attendance is outside of the employee’s regular working hours;
ii. Attendance is in fact voluntary; and
iii. The employee does not perform any productive work during such
attendance.

f. Necessary Work
Necessary Work refers to such tasks or objectives that are required to be
performed, which are beneficial for the continued operations and/or growth of
the
employer’s business.

g. Brownouts/ Work Interruptions

This concept provides that brownouts of short duration, but not exceeding 20
minutes, shall be treated as hours worked, whether used productively by the
employees or not.

If they last more than 20 minutes, the time may not be treated as hours worked
if:
i. the employees can leave their workplace or go elsewhere whether within or
without the work premises; or
ii. the employees can use the time effectively for their own interest.

h. Meal Periods
As a general rule, meal periods are not compensable. The exceptions to this rule
are the following:
i. Where the lunch period or meal time is predominantly spent for the
employer’s benefit.
ii. Meal periods of 1 hour are deemed compensable when the employee is on
continuous shift.
iii. Shortened meal period of less than 1 hour must be compensable.
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2015-0184
i. Hours of worked by part-time workers
Part-time workers are allowed to work less than eight hours of work.

j. Hours of work of hospital and clinic personnel

Hospital and clinic personnel in cities and municipalities with a population of at
least one million or hospitals and clinics with a bed capacity of at least one
hundred shall hold regular office hours for eight hours a day, for five days a week,
exclusive of time for meals. However, where the exigencies of the service require
that they work for six days or forty-eight hours, they shall be entitled to an
additional

compensation of at least thirty percent of their regular wage for work on the sixth
day.

12. Define the following terms:

a. Work Day
Work day refers to period of work which is not less than eight hours which does
not include a sixty-minute meal period.

b. Calendar Day
Calendar day refers to a single week day wherein work can be performed.

c. Overtime
Overtime refers to hours work that exceeded the regular eight hours.

d. Undertime
Undertime refers to working less than the regular eight hours for full-time
employees.

e. Premium Pay
Premium pay refers to the additional compensation for work performed within
eight hours on non-work days, such as rest days and special days.

f. Qualified Premium Pay

g. Overtime Pay
Work may be performed beyond eight hours a day, provided that the employee is
paid an additional compensation equivalent to his regular wage plus at least 25%
thereof. Overtime work on holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a holiday or rest
day plus at least 30% thereof.

h. Work Week
Ruiz, Jevilyn Mary C.
2015-0184
Work Week refers to a period of 6 calendar days when work can be performed.

i. Reduction of eight-hour working day

Reduction of eight-hour working day refers to the option conferred by law to
employees to suggest to the employer that their default 8 hour work day may
instead be reduced to any number of hours but due to such reduction they will
add another day to render work.

j. Shortening of work week

Compressed work week refers to one where the normal work week is reduced
to less than 6 days but the total number of work hours of 48 hours per week
shall remain. Under this scheme, the normal workday goes beyond eight
hours but not exceed 12 hours, without the corresponding overtime
premium.

13. State ALL the recognized REGULAR HOLIDAYS in labor laws.

The following are the recognized regular holidays in labor laws:

a. New Year’s Day
b. Maundy Thursday
c. Good Friday
d. Araw ng Kagitingan
e. Labor Day
f. Independence Day
g. National Heroes Day
h. Eidl Fitr
i. Eidl Adha
j. Bonifacio Day
k. Christmas Day
l. Rizal Day

14. Explain the difference and legal significance of a SPECIAL

HOLIDAY from a REGULAR HOLIDAY.

A special holiday is considered an ordinary working day, so there is no premium

pay that includes the National Special Days and declared special days such as
Special Non-working Holiday, Special Public Holiday and Special National
Holiday.These days are not the same as a special working holiday.
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2015-0184
On the other hand, in regular holidays workers required to work on these dates
are given an additional pay of 30% and if said regular holiday falls on the
workers’ rest day an additional 50% pay is given instead.
15. Explain the significance and legal ramification of A SPECIAL
WORKING HOLIDAY from A SPECIAL NON-WORKING
HOLIDAY.

For work performed during Special Working Holidays, an employee in the

Philippines is entitled only to his basic rate. These holidays are designated by the
Chief Executive or by legislation to commemorate special events in the history of
Filipinos. No premium pay is required since work performed on said days is
considered work on ordinary working days.

On the other hand, in Special Non-Working, Chief Executive or laws provide that
working is not required.
16. What is the legal consequence of a declared A SPECIAL NON-
WORKING HOLIDAY to a government employee? To a
privately engaged employee

Government employees are excluded in benefits provided in the Labor Code but
they are allowed to enjoy special non-working holidays, meaning that they are
also not required to work. The Office of the President in Malacañang occasionally
issues executive memoranda providing for special non-working holidays
nationwide or in specific areas in addition to the 12 national legal holidays.
However, these memos also provide that government employees in offices
performing vital tasks must have skeletal forces to work in emergency cases or
situations.

Privately engaged employees are not required to go to work during these days,
normal daily rate shall apply for this day.

17. What is the legal consequence of a declared A SPECIAL

WORKING HOLIDAY to a government employee? To a
privately engaged employee?

Government employees are excluded in benefits provided in the Labor Code and
when it comes to special working holiday, they are still required to go to work o
that day. These holidays are designated by the Chief Executive or by legislation to
commemorate special events in the history of Filipinos.

For privately engaged employees, he is entitled only to his basic rate. These
holidays are designated by the Chief Executive or by legislation to commemorate
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2015-0184
special events in the history of Filipinos. No premium pay is required since work
performed on said days is considered work on ordinary working days.

18. Explain and State the purpose/s of the RA 11058? Discuss

Department Order 198-18?

The purposes of RA 11058 are the following:

a. The State shall ensure a safe and healthful workplace for all working
people by affording them full protection against all hazards in their
work environment. It shall ensure that the provisions of the Labor
Code of the Philippines, all domestic laws, and internationally-
recognized standards on occupational safety and health are being
fully

enforced and complied with by the employers, and it shall provide

penalties for any violation thereof.

b. The State shall protect every worker against injury, sickness or death
through safe and healthful working conditions thereby assuring the
conservation of valuable manpower resources and prevention of loss
or damage to lives and properties consistent with national
development goals, and with the State's commitment to the total
development of every worker as a complete human being.

c. The State, in protecting the safety and health of the workers, shall
promote strict but dynamic, inclusive, and gender-sensitive
measures in the formulation and implementation of policies and
programs related to occupational safety and health.

19. Explain the aim and reason of RA 11058 as enunciated by

Department of Labor and Employment DOLE under the Labor
Code of the Philippines. 

The primary aim of RA 11058 is to ensure safe and healthful working conditions

for workers by setting and enforcing standards and by providing training,
assistance, and education. The Labor Code set and enforce mandatory
occupational safety and health standards to eliminate or reduce occupational
safety and health hazards in all workplaces and institute new, and update
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2015-0184
existing, programs to ensure safe and healthful working conditions in all places of
employment. DOLE shall be solely responsible for the administration,
enforcement of laws, policies and programs on OSH.

20. Explain the Philippine OSH standard? How would this affect
local Employers and Employees?

The Philippine Occupational Safety and Health Standard ensures the protection
of all employees in the workplace by setting up and implementing rights, strict
standards and rules, and mandatory trainings and education. It includes
administrative requirements, general safety and health rules, technical safety
regulations, and other measures to eliminate or reduce OSH hazards in the
workplace.

The OSH standard affects local employers and employees by setting stringent
duties and responsibilities, as well as mutual rights. Compliance to such

guarantees protection of both parties, for employers from penalties as provided

by the law, and for employees their safety in the workplace. It guarantees the
continued achievement of the law’s goal.

21. Provide the recognized Duties of Employers and Available

rights of Employees under RA 11058

The duties of employers under RA 11058 are the following:

a. Furnish the workers a place of employment free from hazardous

conditions that are causing or are likely to cause death, illness or
physical harm to the workers;

b. Give complete job safety instructions or orientation to all the workers

especially to those entering the job for the first time, including those
relating to familiarization with their work environment;

c. Inform the workers of the hazards associated with their work health
risks involved ot to which they are exposed to, preventive measures to
eliminate or minimize the risks, and steps to be taken in cases of
emergency;

d. Use only approved devices and equipment for the workplace;

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2015-0184
e. Comply with OSH standards including training medical examination
and where necessary, provision of protective and safety devices such
as personal protective equipment (PPE) and machine guards;

f. Allow workers and their safety and health representatives to

participate actively in the process of organizing, planning,
implementing and evaluating the safety and health program to
improve safety and health in the workplace; and

g. Provide, where necessary, for measures to deal with emergencies and

accidents including first-aid arrangements.

The rights of the workers under the said law are the following:

a. All workers shall be informed by the employer about all types of

hazards in the workplace and be provided access to training and
education on chemical safety, electrical safety mechanical safety, and
ergonomical safety.

b. All workers have the right of refusal to work without threat or

reprisal from the employer if an imminent danger situation exists in
the workplace that may result in illness, injury or death, and
corrective actions to eliminate the danger have not been undertaken
by the employer.

c. Workers and their representatives shall have the right to report

accidents, dangerous occurences, and hazards to the employer, to the
DOLE and other concerned government agencies exercising
jurisdiction as the competent authority in the specific industry or
economic activity.

d. Workers shall be provided, free of charge, protective equipment fr

their eyes, face, hands and feet, and free, and lifeline, safety belt or
harness, gas or dust respirators or masks, protective shields
whenever necessary by reason of the hazardous work process or
environment, chemical, radiological, mechanical and other irritants
or hazards capable of causing injury or impairment in the function of
any part of the body through absorption, inhalation or physical
contact. 
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2015-0184
22. What is OSHA in the Philippines?

OSHA stands for Occupational Safety and Health Act. The prevailing law on
occupational safety and health in the Philippines is RA 11058 or An Act
Strengthening Compliance with Occupational Safety and Health Standards and
Providing Penalties for Violations thereof. This law was signed by President
Rodrigo Roa Duterte on 17 August 2018. This law covers all establishments,
projects, sites, including Philippine Economic Zone Authority (PEZA)
establishments, and all other places where work is being undertaken in all other
places where work is being undertaken in all branches of economic activity,
except in public sector. Its aim is to secure the safety of all employees while in the
workplace by providing rules on duties and responsibilities of employers, safety
and health trainings, enforcement of safety and health standards, as well as the
penalities for non-compliance to the said law.

23. Explain what is meant BOSH and COSH?

BOSH is the Basic Occupational Safety and Health Training. It is one of the
mandatory 40-hour training courses required for safety officers under Rule 1030
of the Occupational Safety and Health Standards (OSHS). It aims to equip
participants with the basic knowledge and skills on identifying safety, health, and
environmental hazards; determining appropriate control measures; and
developing and implementing OSH policies and programs.
COSH is the Construction Safety and Health Training. It is one of the mandatory
40-hour training courses required for safety officers working in the construction

industry under Rule 1030 of the Occupational Safety and Health Standards
(OSHS) and the DOLE Department Order No. 13, s. 1998: Guidelines Governing
Safety and Health in the Construction Industry. This training aims to equip
participants with the basic knowledge and skills in performing safety audits,
assessments and analysis of hazards and risks in the construction industry;
determining appropriate control measures; and developing and implementing
OSH policies and programs.

24. Provide the penalties imposed in case of violation of RA 11058

Below are the prohibited acts and their penalties imposed in case of violation of
RA 11058:
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2015-0184
1. Willful failure or refusal of an employer, contructor or subcontructor to
comply with the required OSH standards or with a compliance order issued
by the Secretary of Labor and Employment or by the Secretary's authorized
representative shall make such employer, contructor or subcontructor
liable for an administrative fine not exceeding One hundred thousand
pesos (₱100,000.00) per day until the violation is corrected, counted from
the date the employer or contructor is notified of the violation or the date
the compliance order is duly served on the employer. The amount of fine
imposed shall depend on the frequency or gravity of the violation
committed or the damage caused: Provide, however, That the maximum
amount shall be imposed only when the violation exposes the workers to a
risk of death, serious injury or serious illness.

2. An employer, contructor or subcontructor who willfully fails or refuses to

comply with the required OSH standards or with a duly issued compliance
order, and engages in any of the following acts to aid, conceal or facilitate
such noncompliance shall be liable for a maximum of One hundred
thousand pesos (₱100,000.00) administrative fine separate from the daily
fine imposed above:

a. Repeated obstruction, delay or refusal to provide the Secretary of Labor

and Employment or any of its authorized representatives access to the
covered workplace or refusal to provide or allow access to relevant
records and documents or obstruct the conduct of investigation of any
fact necessary in determining compliance with OSH standards;

b. Misrepresentation in relation to adherence to OSH standards, knowing

such statement, report or record submitted to the DOLE to be false in
any material aspect;

c. Making retaliatory measures such as termination of employment,

refusal to pay, reducing wages and benefits or in any manner
discriminates against any workers who has given information relative
to the inspection being conducted.

25. Explain the safety and Health Training requirements provided

by RA 11058
Ruiz, Jevilyn Mary C.
2015-0184
The provision in RA 11058 provides for the safety and health training
requirements for safety officers, workers, and personnel engaged in specific,
more dangerous work. Safety workers shall undergo the mandatory training on
basic occupational safety and health. All employees shall undergo the mandatory
eight hours safety and health seminar which should be included in the employer-
employee orientation. A specialized training is mandatory for personnel engaged
in the operation, erection and dismantling of equipment and scaffolds, structural
erections, excavations, blasting operations, demolition, confined spaces
hazardous chemicals, welding, and flame cutting.
26. Explain exhaustively the liability coverage of RA 11058.

RA 11058 provides that the liability of employer, project owner, general

contractor, contractor or subcontractor, if any, and any person who manages,
controls or supervises the work being undertaken shall be jointly and solidarily
liable for compliance.
This provision means that employees who were affected or injured due to the
non-compliance to the rules of this law can claim to any of the company or
persons managing the work or project being undertaken.