Legal Aspects in Tourism & Hospitality
Legal Aspects in Tourism & Hospitality
Course Description:
This course presents comprehensive coverage on how the tourism and hospitality industry operates within a
comprehensive domestic and international, legal and regulatory framework. This course examines this framework
and covers the key principle of law applicable to hospitality, tourism and related industries. It also discusses the
various legislations on business organization and several international law issues such as consumer protection,
product and service liability, employment and law access to the natural environment. Students will also have a
comprehensive knowledge about the national and international regulation of the travel and hospitality industry;
consumer contracts law; the law of carriers and accommodations; the duties and responsibilities of tour and travel
operators and agents; travel insurance law; the law of bailment; hotel and restaurant management law; gaming
and marketing law; consumer rights and complaints; criminal and civil liability of people working in the travel and
tourism industry.
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W EEK 1-4/PRELIM
CONTENT
OVERVIEW PAGE
OVERVIEW
The next four weeks you will study the Basic Concepts of Legal Aspects in Tourism and Hospitality and
what it involves. Also, you will encounter terms and their definitions often used in integrating these
topics to Hospitality and Tourism Industry, these terms are very useful to fully understand the whole
course.
Along with these topics, you will encounter activities that will gauge and evaluate your learning and
comprehension regarding the subject matter. Materials for your references are also available and
attached in this module. For the next few weeks, you are expected to gear yourself with the
understanding of the course and activities in preparation for a larger scope of commitment to learn this
subject.
1. Law - is a rule or set of rules for good behavior which is considered right and important by the
majority of people for moral, religious, or emotional reasons.
(https:// https://www.collinsdictionary.com/dictionary/english/law).
Now, the way you understand the term “Law”, can you write an example in word or in
sentence? You will earn 2 points for this.
Answer:_______________________________________________________________________.
2. Trade - is a basic economic concept involving the buying and selling of goods and services, with
compensation paid by a buyer to a seller, or the exchange of goods or services between parties.
Trade can take place within an economy between producers and consumers
(www.investopedia.com).
Now, the way you understand the term “Trade”, can you write an example in word or in
sentence? You will earn 2 points for this.
Answer:_______________________________________________________________________.
3. Contracts and Obligations - A contract is an agreement that is legally binding upon the parties.
Contractual rights and obligations are enforceable in the court of law. A court may either order
specific performance of the obligations or award damages for the financial loss caused due to
breach of contract (https:// www.upcounsel.com).
Now, the way you understand the term “Contacts and Obligations”, can you write an example in
word or in sentence? You will earn 2 points for this.
Answer:_______________________________________________________________________.
4. Legal Aspect- examines the role of the law on all aspects of business ownership and
management. Throughout the course, students focus on legal ethics, court procedures, torts,
contracts, consumer law, property law, employment law, environmental law, and international
law (www.apexlearning.com).
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Now, the way you understand the term “Legal Aspect”, can you write an example in word or in
sentence? You will earn 2 points for this.
Answer:_______________________________________________________________________.
Energizer: Now, let’s have a short exercises before we begin the lesson. Below are “Crosswords”, which
will surely open your thoughts into thinking quite outside the box. Ask someone in the family or a friend
to be your time keeper. You have a maximum of 30 minutes to do this task. Your time begins now!
Are you ready now to begin the lesson? If Yes, then you may proceed.
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DISCUSSIONS
Introduction:
The order of any business specially affecting the
tourism and hospitality is dependent on the implementation
and observance of a rule, policy, standard, system, and law.
No enterprise or any business entity can exploit the
environment and natural resources incidences to their very
existence without being subjected to the regulations of the
local and national governing authorities.
Law defined.
Is a system of rules that a society or a government develops in
order to deal with crime, business agreements, and social
relationship (Collins, 2018). A rule of conduct or action prescribed
or formally recognized as binding or enforced by controlling
authority (Webster, 2018).
Characteristics of Law
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It is observed from the definitions given that the following element s are present:
1. Rule of human conduct (pagsulundan sang tawo)
2. Just and obligatory (patas kag nagaka-bagay sundon)
3. Promulgated by competent authority (gina-obra kag gina-patupad sang mga ara sa otoridad)
4. It must be observed by all (gina-sunod kag gina-obserbar sang tanan).
Constitution defined.
Constitution is the basic principles and laws of a nation,
state, or social group that determine the powers and duties of the
government and guarantee certain rights to the people in it.
Constitution is the basic and paramount law of the land which all
other laws must conform. The SUPREME Law of the land.
Treaty defined.
A compact made between two or more independent nations with a view to the public welfare.
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Section 2 of the Bill of Rights: “a. the privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.” “b. any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.”
Application: Si Tokmol upod iya nga kabit nga si Marites nag check-in sa SUGOD Motel. After
nila check-in nag-sunod si Tokneneng, ang legal nga asawa ni Tokmol. Gin-pamangkot ni Tokneneng ang
front desk officer sang room number ni Tokmol kag ni Marites. Kung ikaw ang front desk officer, ihatag
mo bala ang room number?
Answer: NO. In conformance to Section 2, par. A, Art. 3 of the 1987 Constitution. Unless
anchored with a necessary order coming from the court. Information that may be derived thereat
should be treated with confidentiality both in the point of law and business. In addition, the R.A. 10173
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otherwise known as Data Privacy Act of 2012 is emphatic on the confidentiality of information for the
protection of customers.
Section 6 of the Bill of Rights: “The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public health, as may be
provided by law.”
Application: Si Tokmol gusto niya mag-kadto sa Boracay para mag-bakasyon, kaso hambal sang
IATF kag DILG sa Province of Aklan, bawal mag-sulod sa province ang tanan nga, domestic and foreign
tourists by virtue of a Local Policy on Fighting Against Covid-19 Pandemic. Pwedi bala e-reklamo ni
Tokmol ang Province of Aklan for violating his right to travel under Section 6, Art. 3 of the 1987
Constitution?
Answer: NO. The right to travel cannot be impaired EXCEPT in the interest of national security,
public safety, or public health, as maybe provided by law. The government’s Police Power applies.
Citizenship
It is the membership of the person in a political community which is more or less permanent in
nature.
Who are the citizens of the Philippines according to Article 4, Section 1 of the 1987 Philippine
Constitution?
1. Those who are citizens of the Philippines at the time of the adoption of this constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who had elected Philippine citizenship
upon reaching the age of majority; and
4. Those who are naturalized in accordance with law.
a citizen of that country. Example: Application for Green Card (Permanent Residency in the USA)
leading to application of American citizenship.
Do you have any question? Kaya pa ba? (Just send your question in the Google
Classroom dahil online po ako ngayon or if you have no internet
connection, email mo nalang ako pag may data ka na. Ang email ko ay
nasa page 1)
Quiz No. 1
Multiple Choices. Choose the letter of the correct answer. Write your answers on any writing paper
using BLUE BALLPEN and let one of your parents sign below (if you don’t have a printed copy of module).
Encircle the letter of the correct answer using BLUE BALLPEN (if you have a printed copy of module). 10
Points Each
1. It may be defined as a combination of state, local, and international laws that control the
different facets and functions of the travel industry.
a. Hospitality law c. democracy
b. Tourism law d. republicanism
2. It is the process whether judicial or administrative by which a state places imprint of a native
citizen to an alien.
a. Nationalism c. citizenship
b. Naturalization d. customs
3. These are the rights available under the Philippine Constitution for the protection of rights of
the people.
a. Due process c. hearing
b. Equal protection d. bill of rights
4. The inherent power of the government that gives right to it to forcibly acquire private property
after giving the just compensation and for public purpose.
a. Eminent domain c. taxation
b. Police power d. tax
5. This is the mode of acquiring citizenship by means of blood relation.
a. Nationality c. jus soli
b. Citizenship d. jus sanguinis
6. The power of the government to regulate laws and property for public purpose.
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Validation: To validate and ensure that you have finished taking your quiz, ask one of your parents or
guardian to write their complete name, signature, and the date on the space below.
Name of Parent/Guardian: ___________________________ Signature: _____________ Date:
________
I AM GENUINELY
PROUD OF YOU!
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OVERVIEW
The goal of this assignment is to help you learn and study in advance the lessons for next week. Making
sure that you are prepared and equipped with advance knowledge that you may use for the proceeding
class works and discussions.
Assignment No. 1
In October 28, 2010 Tokmol and Tokneneng both residents of Capiz got married at
Metropolitan Cathedral Roxas City. Few months after, Tokneneng got pregnant. Since Tokmol is from
a well-of family, he brought Tokneneng in the United States to give birth there to ensure healthy and
safe labor. On the 31st of December 2011, Tokneneng gave birth to a bouncing baby boy and they
named him Tokmol Jr.
With your knowledge on modes of acquiring citizenship. Decide the citizenship of Baby
Tokmol Jr. Provide your legal basis.
Introduction
Establishing a business is not an easy
thing. There are many factors to consider
before it could be materialized. One of the vital
concept of this lesson is the compliance with
the requirements of the law on business
organization. Tourism and hospitality business
like any other businesses are susceptible to
being confronted with some legal issues and
technicalities in their entire management.
Partnership defined.
By contract of partnership, two or more
persons bind themselves to contribute money,
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property, or industry to a common fund, with the intention of dividing the profits among themselves
(Article 1767, Civil Code of the Philippines).
Partnership has a juridical personality separate and distinct from each of the partners (Article
1768, CCP). With their separate property, partners are personally liable pro rata for the debts of the
partnership (Article 1813, CCP).
Forms of Partnership
1. General Partnership, which all other partners manage the business and are personally liable
for its debts.
Explain: Tanan nga partner naga-manage sang business kag tanan personally liable sa utang
sang company.
2. Limited Partnership, certain limited partners relinquish their ability to manage the business in
exchange for limited liability for the partnership’s debts.
Explain: Indi tanan nga partner naga-manage sang business kag indi tanan personally liable sa
utang sang company.
Types of Partners
1. General Partner, they have an obligation
of strict liability to third parties injured by the
partnership. Joint liability and several liability may
be imposed depending upon circumstances.
Explain: Tanan nga general partners are
liable co-equally sa utang sang company.
3. Silent Partner, the one that usually provide capital to the business and whose association
with the business is not publicly known.
f. Partnership must be dissolved upon the death of one of its general partners
g. A partnership is taxed like a corporation
h. A foreigner cannot be a partner in a partnership which owns lands
i. The word “limited” or “Ltd.” Must be added to the partnership name in case of limited
partnership
j. There is a need for the Philippine Embassy or Consulate to authenticate the documents signed
outside the Philippines.
Nature of Partnership
Partnership is fiduciary in character. It means that all partners must have trust and confidence
in one another.
Explain: Indi man manami mag-sulod sa partnership business upod ang mga tawo nga indi nimo
kilala kay mabudlay magsalig. Daw lovelife bala, kilalaha danay maayo ang isa ka tawo bag-o mo
ihatag ang matam-is mo nga “OO”.
Corporation defined.
An artificial being created by operation of law,
having the right of succession and powers,
attributes, and properties expressly authorized by
law or incident to its existence (Section 2, Republic
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Act 11232 otherwise known as the Revised Corporation Code of the Philippines which took effect on
February 23, 2019).
Attributes of a Corporation
1. Artificial being, pertains to the fiction of law which creates the person of the corporation. By
operation of law, it becomes a being with the attributes of an individual with full capacity to enter into
contractual relations. Explain: Ang corporation daw tawo man ina, may ikasarang nga mag-enter into
contract, magbakal sang property, kag may rights of succession and power.
2. Creature of law, pertains to the juridical existence of a corporation which is dependent on the
consent or grant of the sovereign. Explain: Indi pwedi nga magtukod lang ang isa ka tawo sang
corporation, dapat may ara sang layi ukon batas nga magahatag consent sini.
3. Right of succession, pertains to the capacity for continuous existence despite the death or
replacement of its shareholders or members. Explain: Bisan mapatay ang shareholder, padayon gyapon
ang corporation, kay pwedi man islan sang nabilin nga shareholder or member ang bakante nga ginbilin
sang napatay nga shareholder or member.
Advantages of Corporation
1. It enjoys perpetual succession under its corporate name and in artificial form.
2. It has the capacity to take and grant property, and contract obligations.
3. It can sue and be sued in its corporate
name as a juridical person.
4. It has the capacity to receive and enjoy
common grants of privileges and immunities.
5. Its stockholders or members generally have
no personal liability beyond the value of their
shares.
Disadvantages of Corporation
1. Complicated and costly formation and
maintenance.
2. Lack of personal element.
3. Abuse of corporate management.
4. Limited liability hits the innocent victim.
5. Double taxation.
Nationality of Corporation
There are two tests to identify the nationality of a corporation. These are the:
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a. Place of Incorporation Test, it adheres to the belief that a corporation is a nationality of the country
under whose laws it has been organized and registered. Explain: Ang nationality sang corporation is the
nationality sang country kung sa diin ini gin pa-register.
b. Control Test, the nationality of a corporation is determined by the nationality of the majority of the
stockholders on whom the control is vested. Explain: Ang nationality sang corporation is the nationality
sang kadam-an sang stockholders.
Classification of Corporation
a. Public corporations, are those formed and
organized for the government of a portion of the state
(Section 3, R.A 1459). Example: Municipality for
government functions
Do you have any question? Kaya pa ba? (Just send your question in the Google
Classroom dahil online po ako ngayon or if you have no internet
connection, email mo nalang ako pag may data ka na. Ang email ko ay
nasa page 1)
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Quiz No. 2
Identify. Identify the correct answer on each item. Write your answers using BLUE BALLPEN on the
given space before each number (if you have a printed module). Write your answers ONLY on any
writing paper using BLUE BALLPEN (if you don’t have a printed module). Don’t forget your parent’s
signature. 10 points each correct answer.
Validation: To validate and ensure that you have finished taking your quiz, ask one of your parents or
guardian to write their complete name, signature, and the date on the space below.
I AM GENUINELY
PROUD OF YOU!
OVERVIEW
The goal of this assignment is to help you learn and study in advance the lessons for next week. Making
sure that you are prepared and equipped with advance knowledge that you may use for the proceeding
class works and discussions.
Assignment No. 2
Papa, Pepe, Pipi, Popo, and Pupu came to your office one day to ask for an advice regarding
the restaurant business that they would like to open soon somewhere in Pueblo de Panay.
Apparently, there was a confusion as to the nature of business that they would like to start with.
What advice will you give to Papa, Pepe, Pipi, Popo, and Pupu?
Introduction
Managing a business is not an easy task. It
involves different kinds of obligations that should be
given full attention by both the debtors and creditors
considering the effects that it may give to them as
contracting parties.
Clarification:
Debtor: Nag-utang
Creditor; Nagpa-utang
Two to three years from now, you will be working in tourism and hospitality industry and you
will be confronted by certain contracts and obligations. Thus, this lesson will help you understand the
basic concepts of contracts and obligations.
Obligation defined.
An obligation is a juridical necessity to give, to
do, or not to do (Article 1156, Civil Code of the
Philippines).
Explain: Ang obligasyon naga-exist ina sa if may
ara ikaw sang kinahanglan complyan nga mga
requirements, bayaran nga utang, ukon talabunan
tungod sang damage nga imo na-obra.
a. Obligation to give, the debtor is obliged to deliver the movable or immovable thing to the
creditor.
Example: Nag-order si Tokmol sang penakbet sa imo carinderia, dapat tagaan gid siya sang
penakbet.
b. Obligation to do, all kinds of works and services, whether physical or mental is covered by this
obligation.
Example: Nag check-in si Tokmol sa hotel, dapat serbisyuhan gid siya sang hotel staff.
c. Obligation not to do, means refraining from doing some acts like the obligations of a building
proprietor to refrain from committing nuisance through noise, offensive odor, smoke, heat, etc.
Example: Si Tokmol nag-sakay sa eroplano pakadto sa South Korea, may mga bagay nga indi
dapat pag-obrahon ni Tokmol samtang ara siya sa eroplano like, smoking sa sulod sang
eroplano.
Elements of Obligation
All elements should concur in order to determine the obligation of any person.
a. Active subject. It is the one who is demanding the performance of the obligation. ( muni sa ang
nagpa-utang or nagpahulam)
b. Passive subject. The one bound to perform the presentation to give, to do, or not to do. (muni
sa ang nag-utang or naghulam)
c. Presentation or Object. It is the subject matter of the obligation which has an economic value
susceptible of pecuniary substitution in case of noncompliance. (muni sa ang amount or value
sang gin-utang or gin-hulam)
d. Efficient cause. It is the juridical tie or vinculum by virtue of which the debtor has become
bound to perform the obligation. (muni sa ang contract either formal or informal nga naga-
bind sa active kag passive object)
Sources of Obligation
Article 1157 of the Civil Code of the Philippines
enumerates the sources of obligation, to wit:
1. Obligations arising from the law. Example:
Obligasyon sang asawa ang pag-hatag
support and respect sa iya asawa. Pagbayad
sang tax sang isa ka taxpayer is also an
obligation as provided by the law.
3. Obligations arising from quasi-contracts (quasi-contract means obligasyon nga indi need ang
contract para e-perform). Example: Pagbakal ni Tokmol sang grocery sa supermarket kag iba
nga box ang iya nga nadala sa ila balay, obligasyon ni Tokmol nga ebalik ini sa supermarket
para ehatag sa ensakto nga tag-iya.
4. Obligations arising from delicts or crime. Example: Naga-biking Tokmol sa Roxas Avenue kay
may nabunggoan niya si Tokneneng kag nabali gid ang tiil ni Tokneneng, obligasyon ni Tokmol
nga bayaran ang hospital expenses kag demical expenses ni Tokneneng.
5. Obligations arising from quasi-delict or torts. Example: Gin-basyahan ni Tokmol sang mainit
nga tubig ang lababo sang restaurant kay para makuha ang higko, pero sakto man nga
naglabay si Tokneneng kag sa iya nagkadto ang mainit nga tubig. Bisan indi sang hungod,
obligasyon gyapon ni Tokmol ang magbayad sang damages tungod sang injury nga nakuha ni
Tokneneng.
Diligence Needed
Article 1163 of the Civil Code of the Philippines provides that every person with obligation to
give something is also obligated to take care of it with the proper diligence of a good father of a family,
unless the law or the stipulation of the parties requires another standards of care.
Explain: Para maka-likaw sa mas dako nga obligasyon, kung anu ang gin pahulam sa imo, dapat
alagaan mo kaangay sang pag-alaga kag pag-protekta sang isa ka amay sa iya pamilya.
Other important Civil Code Provisions necessary in the conduct of Hospitality Business
Article 1169, those obliged to deliver or to do something incur in delay from the time the obligee
judicially or extra-judicially demands from them the fulfilment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist:
ART. 1170. Those who in the performance of their obligations are guilty of fraud, negligence or
delay, and those who in any manner contravene the tenor thereof, are liable for damages.
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Article 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an
action for future fraud is void.
c. Condonation or remission. Explain: Gin patawad ikaw sang imo nga gin-utangan or gin
hulaman, or instead nga pabayaron ikaw hambal sang nagpahulam sa imo nga hatag nalang
niya ato.
d. Compensation. Explain: Nahulam ikaw sa imo bestfriend sang 100 pesos para ebakal nimo load.
Sunod adlaw, nagpabulig imo bestfriend sa imo sang iya assignment kag hambal niya, indi mo
na pagbayaran ang imo utang nga 100 kay gin buligan mo man siya sang iya assignment.
Regardless kung anu iya score sa assignment, importante na compensate mo na ang imo nga
obligation.
e. Novation. Explain: Gin-kuha ikaw nga singer sa kasal kag ginbayaran ka na sang wedding
planner antes ang kasal. Unfortunately, wala nadayon ang kasal, pero instead nga bawion ang
ginbayad sa imo, hambal sang wedding planner, dira nalang na ang bayad kay makanta ka
galling sa sunong namon nga e-organize nga kasal.
Contract defined.
It is the meeting of the minds between two
persons whereby one binds himself, with respect to
the others, to give something or to render some
service.
a. Consent, signifies the meeting of the offer and the acceptance upon the thing and the cause
which are to constitute the contract.
b. Object certain, like a thing, right, or service.
c. Cause, is why the contract or the essential reason which moves the contracting parties to enter
into the contract.
Perfection of Contract
Perfection of the contract is upon meeting of the minds.
Contract Stages
a. Generation. It is the preliminary stage or process for the formation of the contract. It includes
the bargaining of the subject of obligation and the consideration. (naga-pangaluyag ka palang)
b. Perfection. The birth of the contract. (sinabat ka na niya)
c. Consummation. It is the fulfilment of the purpose for which the contract was constituted. ( alam
na this haha)
Do you have any question? Kaya pa ba? (Just send your question in the Google
Classroom dahil online po ako ngayon or if you have no internet
connection, email mo nalang ako pag may data ka na. Ang email ko ay
nasa page 1)
Quiz No. 3
Essay. Time to practice your writing skill. For this essay quiz, answer the question as direct as you can,
make an example to better express your thoughts and ideas. Be honest and minimize looking at your
module notes, I may not see you - but Papa GOD knows! Again, ONLY BLUE BALLPEN. A mix of English-
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Tagalog-Ilonggo is allowed…para mag-intindihanay ta! Write your answer on any writing paper. 100
points for this quiz.
On January 20, 2022 Tokmol acquired a plane ticket from Arat Na Travel and Tour Agency for
his travel to Manila on January 30, 2022. After paying the travel agency, Tokmol received the plane
ticket from the agent and immediately kept in it inside his travel packet.
On day of his flight, Tokmol went to the Roxas City Airport for early check-in process. Upon
arrival at the check-in counter, the airline attendant said that the ticket has prescribed and Tokmol
learned that the flight he was supposed to take had already departed the previous day. He called the
Arat Na Travel Agency complain and file a refund. In response, Arat Na Travel Agency insisted that
they have no obligation to refund Tokmol since the flight has lapsed and that Tokmol failed to verify
the flight details before leaving the travel agency. Tokmol feeling aggrieved, filed a complaint for
performance of obligation and the Arat Na Travel Agency contends that they follow the 24-hour
rebooking and refund policy.
Validation: To validate and ensure that you have finished taking your quiz, ask one of your parents or
guardian to write their complete name, signature, and the date on the space below.
I AM GENUINELY
PROUD OF YOU!
OVERVIEW
The goal of this assignment is to help you learn and study in advance the lessons for next week. Making
sure that you are prepared and equipped with advance knowledge that you may use for the proceeding
class works and discussions.
Assignment No. 3
1. Research on the Four Types of Defective Contracts and give example each.
Labor relations is used to denote all matters arising out of employer-employee relationship
involving the concerted action on the part of the workers which is usually related with collective
bargaining and negotiation process. Example: kung paano tratuhon sang employer and employee
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate
in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial peace.
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The State shall regulate the relations between workers and employers, recognizing the right of labor to
its just share in the fruits of production and the right of enterprises to reasonable returns to
investments, and to expansion and growth.
Types of employment
The type of employment may be determined by their nature and existence of activities that they
are compelled to do so.
a. Regular or permanent employment
Labor Code, Article 294. Regular employees by nature of work, that is, those who are engaged
to perform activities which are usually necessary or desirable in the usual business or trade of
the employer. Regular employees by years of service, that is, those who have rendered at least
one year of service, whether continuous or broken, with respect to the activity in which they are
employed.
b. Fixed-period employment. While not specifically mentioned in Article 294, fixed-period
employment is recognized under the Civil Code, pursuant to the freedom of parties to fix the
duration of the contract, whatever its object. These fixed-term employment contracts are not
limited to seasonal work or specific projects with predetermined completion dates; also
contemplated are employment arrangements whereby the parties have assigned a specific date
of termination.
c. Project employment. A project employee is one whose employment has been fixed for a
specific project or undertaking, the completion or termination of which has been determined at
the time the employee is engaged (Labor Code, Article 294). It is not sufficient that an employee
is hired for a specific project or phase of work. There must also be a determination of, or a clear
agreement on, the completion or termination of the project at the time the employee is
engaged.
d. Casual employment. There is casual employment where an employee is engaged to perform a
job, work or service which is merely incidental to the business of the employer, and that job,
work or service is for a definite period made known to the employee at the time of engagement
(Implementing Rules of the Labor Code, Book VI, Rule I, section 5(b)). A casual employee is one
whose work is neither regular, project or seasonal.
e. Seasonal employment. Seasonal workers perform work that is seasonal in nature and are
employed only for the duration of one season (Labor Code, Article 294).
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Rights of employees
The Bureau of Working Conditions, a staff
department of the Department of Labor and
Employment, compiled a list of Basic Rights that every
worker is entitled to. These rights ensure the safety and
health of all workers.
1. EQUAL WORK OPPORTUNITIES FOR ALL
The State shall protect labor, promote full
employment, provide equal work opportunity
regardless of gender, race, or creed; and regulate
relations between employees and employers.
2. SECURITY OF TENURE
Every employee shall be assured security of tenure. No employee can be dismissed from work
except for a just or authorized cause, and only after due process.
Just cause refers to any wrongdoing committed by an employee; authorized cause refers to economic
circumstances that are not the employee’s fault.
3. WORK DAYS AND WORK HOURS
An employee must be paid their wages for all hours worked. If their work hours fall between
10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in addition to their pay for regular work
hours. If they work over eight hours a day, they are entitled to overtime pay.
4. WEEKLY REST DAY
A day-off of 24 consecutive hours after six (6) days of work should be scheduled by the employer
upon consultation with the workers.
5. WAGE AND WAGE-RELATED BENEFITS
Wage is the amount paid to an employee in exchange for to the service that they rendered to
their employer. Wage may be fixed for a given period.
6. PAYMENT OF WAGES
Wages should be paid directly to the employee in cash, legal tender, or through a bank.
Wages shall be given not less than once every two weeks or twice within a month at intervals not
exceeding 16 days.
7. FEMALE EMPLOYEES
Women are prohibited from engaging in night work unless the work is allowed by the following
rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-industrial undertakings from 12
m.n. to 6 a.m., or agricultural takings at night provided that she has had nine consecutive hours of rest.
Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the workplace.
8. EMPLOYMENT OF CHILDREN
The minimum employment age is 15 years of age. Any worker below 15 years of age should be
directly under the sole responsibility of parents or guardians provided that work does not interfere with
the child’s schooling or development.
The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-hazardous jobs.
Hazardous jobs are
9. SAFE WORKING CONDITIONS
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Employers must provide workers with every kind of on-the-job protection against injury,
sickness or death through safe and healthful working conditions.
10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
Every worker has the right to self-organization, i.e., to form or to join any legitimate workers’
union, free from interference of their employer or the government. All workers may join a union for the
purpose of collective bargaining and is eligible for union membership on the first day of their
employment.
Collective bargaining is a process between two parties, namely the employer and the union, where the
terms and conditions of employment are fixed and agreed upon. In collective bargaining, the two parties
also decide upon a method for resolving grievances. Collective bargaining results in a contract called a
Collective Bargaining Agreement (CBA).
Art. 282. Termination by employer. An employer may terminate an employment for any of the
following causes:
a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer
or representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
d. Commission of a crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representatives; and
e. Other causes analogous to the foregoing.
Art. 283. Closure of establishment and reduction of personnel. The employer may also
terminate the employment of any employee due to the installation of labor-saving devices, redundancy,
retrenchment to prevent losses or the closing or cessation of operation of the establishment or
undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving
a written notice on the workers and the Ministry of Labor and Employment at least one (1) month
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before the intended date thereof. In case of termination due to the installation of labor-saving devices
or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least
his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In
case of retrenchment to prevent losses and in cases of closures or cessation of operations of
establishment or undertaking not due to serious business losses or financial reverses, the separation pay
shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service,
whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
Art. 284. Disease as ground for termination. An employer may terminate the services of an
employee who has been found to be suffering from any disease and whose continued employment is
prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided,
That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month
salary for every year of service, whichever is greater, a fraction of at least six (6) months being
considered as one (1) whole year.
On the other hand, the employee may initiate the termination of employment contract even
without justifiable cause, provided that a written notice shall be served to the employer (1) month in
advance. However, he may terminate employment relationship without serving notice on the employer
for just causes provided in Article 285 of the Labor Code.
Labor Code Provisions Concerning Hours of Work, Rest Periods, Holiday Pay, Leaves and
Service Charges
Article 83. Normal hours of work. The normal hours
of work of any employee shall not exceed eight (8) hours a
day.
be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or
permitted to work.
Rest periods of short duration during working hours shall be counted as hours worked.
Article 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that
the employee is paid for the overtime work, an additional compensation equivalent to his regular wage
plus at least twenty-five percent (25%) thereof. Work
performed beyond eight hours on a 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 thirty
percent (30%) thereof.
Do you have any question? Kaya pa ba? (Just send your question in the Google
Classroom dahil online po ako ngayon or if you have no internet
connection, email mo nalang ako pag may data ka na. Ang email ko ay
nasa page 1)
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Quiz No. 4
Essay. Time to practice your writing skill. For this essay quiz, answer the questions as direct as you can,
make an example to better express your thoughts and ideas. Be honest and minimize looking at your
module notes, I may not see you - but Papa GOD knows! Again, ONLY BLUE BALLPEN. A mix of English-
Tagalog-Ilonggo is allowed…para mag-intindihanay ta! Write your answer on any writing paper. 100
points for this quiz.
Validation: To validate and ensure that you have finished taking your quiz, ask one of your parents or
guardian to write their complete name, signature, and the date on the space below.
I AM GENUINELY
PROUD OF YOU!
OVERVIEW
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The goal of this assignment is to help you learn and study in advance the lessons for next week. Making
sure that you are prepared and equipped with advance knowledge that you may use for the proceeding
class works and discussions.
Assignment No. 4
1. Tokmol, a room boy was dismissed from work for blurting out against his supervisor who is
absent that day by saying “Mga gago kayong lahat!” Is the dismissal of Tokmol justified?
Defend your answer with legal basis. (100 Points)
END OF PRELIM