[Type here]

GSIS BENEFITS Irrevocable loss or impairment of certain Can disability benefits be suspended? 3) Dependent spouse and children
portions of the physical faculties, despite which 4) Absence of primary, the secondary is
Permanent Disability the member is able to pursue a gainful 1) He is re-employed; or entitled
occupation. 2) He recovers from disability as 5) Absence of secondary, shall be paid to
Any loss or impairment of the normal functions determined by the GSIS, whose legal heirs
of the physical and/or mental faculty of a 1) Complete and permanent loss of the decision shall be final and binding; or
member, which reduces or eliminates his/her use of: 3) He fails to present himself for medical Should death be work related? NO.
capacity to continue with his/her current gainful a. Any finger examination when required by the
occupation or engage in any other gainful b. Any toe GSIS. FUNERAL BENEFITS
occupation. c. One arm
SURVIVORSHIP BENEFITS It comprises of cash not less than P12,000 to be
d. One hand
Permanent Total Disability increased to at least P18,000 after 5 years. The
e. One foot
- It is the entitlement to the amount shall be determined and specified by the
When recovery from impairment is medically f. One leg
beneficiaries upon the death of a GSIS through an information circular.
remote. g. One or both ears
member/pensioner
h. Hearing of one or both ears Funeral benefits will be paid upon the death of:
a) Loss of sight of both eyes i. Sight of one eye It consist of:
b) Loss of 2 limbs at or above the 2) Such other cases as may be 1) An active member
ankle/wrist determined by the GSIS 1) The basic survivorship pension which 2) A member who has been separated
c) Permanent complete paralysis of 2 is 50% of the basic monthly pension; from the service but is entitled to
limbs Benefits: and future separation or retirement
d) Brain injury resulting in incurable 2) The dependent children’s pension not benefits
If the disability is partial, he shall receive a cash
imbecility/insanity exceeding 50% of the basic monthly 3) A member who is a pensioner
payment in accordance with a schedule of
e) Such other cases as may be pension. 4) A retiree who is at the time of his
disabilities to be prescribed by the GSIS.
determined by the GSIS retirement was of pensionable age
Primary beneficiaries are entitled to:
Temporary Total Disability
Benefits: LIMITED PORTABILITY LAW
1) Survivorship pension
Impaired physical and/or mental faculties can be
He shall receive a monthly income benefit for Under RA 7699, or the Portability Law,
rehabilitated and/or restored to their normal
life equal to the basic monthly pension effective 2) SP plus a cash payment equivalent to government retirees who do not meet the
functions.
from the date of disability, provided that: 100% of AMC required number of years provided under PD
Benefits: 1146 and RA 8291 may still avail themselves of
1) He is in the service at the time of (in the service at the time of his death retirement and other benefits.
disability He shall be entitled to 75% of his current daily and at least 3 years in service)
2) If separated from service compensation for each day or fraction thereof of Under this law, retirees may combine their years
temporary disability benefit not exceeding 120 3) Cash payment equivalent to 100% of of service in the private sector represented by
What if the member does not satisfy the contributions to the SSS with their government
days in one calendar year after exhausting all his his average monthly compensation for
conditions but has rendered at least 3 years of service ad contributions to the GSIS to satisfy
sick leave credits and CBA sick leave benefits, each year of service he paid
service? the required years of service.
if any, but not earlier than the 4th day of his contributions, but not less than
He shall be advanced the cash payment temporary total disability. P12,000
Totalization shall apply only in the following
equivalent to of his average monthly instances:
Permanent Disability must not be due to: Shall be paid to:
compensation for each year of service he paid
contributions, but not less than P12,000 which 1) Grave misconduct 1) Dependent spouse is the only survivor a) If a worker is not qualified for any
should have been his separation benefit. 2) Notorious negligence – for life or until he/she remarries benefits from both systems;
3) Habitual intoxication 2) Only dependent children – not b) If a worker in the public sector is not
Permanent Partial Disability qualified for any benefits in the GSIS;
4) Willful intention to kill himself exceeding 5 children counted from the
5) Willful intention to kill another youngest and without substitution or

ALEXANDRIA B. RABANES
AGRARIAN LAW AND SOCIAL LEGISLATION – MIDTERMS REVIEWER
UNIVERSITY OF MINDANAO – COLLEGE OF LEGAL EDUCATION
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c) If a worker in the private sector is not 1) Medical certificate Unlawful for the employer to place the DW Payment for wages:
qualified for any benefits from the 2) Police clearance under debt bondage.
SSS. 3) NBI - In CASH, at least once a month
4) Birth certificate Employer’s reportorial duties - No payment by promisorry note,
If after totalization, you still do not qualify, you 5) Voter’s id voucher, coupon, token, ticket, chit
will only get whatever benefit corresponds to The employers shall register all DW under their - Provide with payslip every pay day
your contribution in either or both the SSS and It should have an employment contract with employment in the Registry of Domestic containing the amount paid and all
GSIS. the following contents: Workers in the barangay where the employer’s deductions made, if any
residence is located. The DILG shall, in coor
BATAS KASAMBAHAY (RA 10361) 1) Duties and responsibilities with the DOLE, formulate a registration system Prohibition on interference in the disposal of
2) Period of employment for this purpose. wages
- Applies only to domestic workers 3) Compensation
working within the Phils. 4) Authorized deductions Rights and privileges Unlawful for the employer to interfere with the
- Engaged to work for a household 5) Hours of work freedom of DW to dispose his/her wages. The
within an employment relationship The employers must provide basic necessities: employer shall not force, compel or oblige to
6) Rest days and allowable leaves
7) Board, lodging and medical attention purchase merchandise, commodities or other
It was signed by Pres. Noynoy Aquino on 1) Food
8) Agreements on deployment expenses properties from the employer/other person.
January 18, 2013 (Araw ng Kasambahay) and 2) Shelter
9) Loan agreement 3) Medical attention
became enforceable on June 4, 2013. The DW is entitled to 13th month pay as
10) Termination
provided by law.
To be considered as a domestic worker: 11) Any other lawful conditions Rest period
Leave benefits:
- One should be hired specifically to Recruitment and finder’s fee - 8 hours rest per day
perform household work. - 24 consecutive hours per week A DW who has rendered at least 1 year of
Regardless of whether the DW was hired - Both agree on the date service shall be entitled to an annual service
How about those working occasionally only? through a PEA or third party, no share in the
incentive leave of 5 days with pay. Unused
recruitment and finder’s fee shall be charged No DW shall be assigned to non-household
leaves shall not be convertible to cash.
Sec. 4 shall exclude any person who performs against the DW by the said PEA or third party. work like commercial, industrial or agricultural
domestic work occasionally or sporadically and at a wage rate lower than that provided for such Standard of treatment
not on an occupational basis. Deposits for loss or damage works. In such case, DW shall be paid the
applicable minimum wage. DW shall not be subjected to any kind of abuse
Example: children who are under foster family It shall be unlawful for the employer or any other
nor inflict any form of physical violence or
arrangement and are provided access to person to require a DW to make deposits from Extent of duty – both may agree to perform task harassment or any tending to degrade the
education and given an allowance incidental to which deductions shall be made for the outside the household for the benefit of another dignity.
education. reimbursement of loss or damage to tools, household
materials, furniture and equipment in the Abused or exploited DW shall be immediately
Minimum age requirement household. Conditions: rescued by a municipal or city social welfare
officer from the DSWD in coor with the
Sec. 16 unlawful to employ any person below 15 Prohibition against withholding of wages - Liability borne by the original
barangay officials. The DSWD and DILG shall
years of age as a domestic worker. employer.
Unlawful to withhold wages directly or develop a standard operating procedure for the
- Additional payment of not less than
Hiring: indirectly. If the DW leaves w/o justifiable rescue and rehabilitation of abused DW and in
the existing min wage rate of DW
reason, any unpaid salary for period not coor with DOLE for possible subsequent job
1) Directly; or Minimum wage placement.
exceeding 15 days shall be forfeited. Likewise,
2) Through a private employment
the employer shall not induce the DW to give up
agency NCR – P2500 Respect for privacy shall be guaranteed at all
any part of the wages by FISTS.
times and shall extend to all forms of
If the private employment agency recruits, it Chartered cities – P2000 communication and personal effects.
Prohibition on debt bondage
should require the following documents:
Other municipalities – P1500 Access to outside communication
ALEXANDRIA B. RABANES
AGRARIAN LAW AND SOCIAL LEGISLATION – MIDTERMS REVIEWER
UNIVERSITY OF MINDANAO – COLLEGE OF LEGAL EDUCATION
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- During free time - Violation of contract The state shall afford full protection to labor, e) Subsistence allowance ($100/mo for 6
- In case of emergency, granted even - Suffering from a disease local and overseas, organized or unorganized, mos)
work time - Analogous cases and promote full employment and equality of f) Compassionate visit – agency shall
employment opportunities for all. pay transportation cost of one family
Right to education and training Just causes for employer: member or requested individual
The state does not promote overseas g) Medical evacuation
- Afford opportunity to finish basic a) misconduct or willful disobedience employment as a means to sustain economic h) Medical repatriation
education and may allow access to b) gross or habitual neglect or growth and achieve national development. The
alternative learning systems and as far inefficiency existence of the overseas employment program What if agency lets the worker to shoulder
as practicable, higher education or c) fraud or willful breach of trust rests solely on the assurance that the dignity and cost of insurance?
technical and vocational training d) commission of a crime/offense fundamental human rights and freedoms of the
- Employer shall adjust work schedule e) violation of the contract/terms or Filipino citizens shall not be compromised or - The license of the agency will be
conditions violated. Thus the state shall continue to create cancelled and all its directors,
Obligations of DW: f) disease prejudicial partners, proprietors, officers and
local employment opportunities.
g) Analogous employees shall be disqualified from
1) Render satisfactory service at all times
Overseas Filipino – dependents of migrant engaging in recruitment
2) Observe the terms and conditions of What are the criminal acts? workers and other Filipino nationals abroad who
employment contract Insurance company must be duly registered with
are in distress
3) Refrain from publicly disclosing any 1) Employing below 15 years old the insurance commission in existence and
communication/information 2) Charging any amount from the Where to deploy OFW? operation for at least 5 years
household where service was
When the employment relation terminated? temporary performed Only in countries where the rights of OFW are - Net worth 500M
3) Requiring to make deposits for protected. - With current certificate of authority
1) Just cause – any time
loss/damage
2) No just cause – at the end of the a) Has existing labor and social laws Can the Phil Gov ban a deployment?
4) Debt bondage
stipulated period or if not stipulated b) Signatory to treaties
5) Interference to dispose wages
period, by giving 5 days advance c) Bilateral agreement Yes. In pursuit of the national interest or when
6) Withholding wages by FISTS
notice. d) Positive protection public welfare so requires.
Penalty:
What is the effect if you terminate w/o notice What if gov official voted to allow deployment Repatriation:
or before the period? Fine of not less than P10,000 but not more than w/o guarantees?
GR: Primary responsibility of the recruitment
P40,000
DW: - Shall suffer penalties of removal or agency,
MIGRANT WORKERS AND OVERSEAS dismissal from service with
- He forfeits any unpaid salary EXN: due solely to the fault of the worker
FILIPINOS ACT OF 1995 disqualification to hold appointive
equivalent to 15 days
public office for 5 years Emergency repatriation:
- He is liable for the deployment Migrant worker – an overseas Filipino worker
expenses, if the termination is done who is engaged or has been engaged in a OFW Compulsory Insurance for Agency- - The OWWA, in coor with DFA, and
w/in 6 mos from hiring REMUNERATED ACTIVITY in a country of Hired Workers in appropriate situations, w/ the int’l
which he is not a citizen, or on board a vessel agencies, shall undertake the
Employer: Shall be secured by the agency at no cost for the
navigating the foreign seas, other than gov ship repatriation in cases of war, epidemic,
used for military or non-commercial purposes worker
- He is liable for indemnity in an disasters or calamities w/o prejudice
amount equivalent to 15 days pay located offshore or on high seas. to reimbursement by the responsible
a) Accidental death ($15,000)
b) Natural death ($10,000) principal or agency w/in 60 days from
Just causes for termination by DW: Engaged in remunerated activity – promised
c) Permanent or Total Disability notice.
or assured employment overseas
- Verbal or emotional abuse ($7,500)
Hiring underage:
- Physical abuse State policy d) Repatriation Cost
- Commission of a crime/offense - Cancel the license of agency
ALEXANDRIA B. RABANES
AGRARIAN LAW AND SOCIAL LEGISLATION – MIDTERMS REVIEWER
UNIVERSITY OF MINDANAO – COLLEGE OF LEGAL EDUCATION
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- Fine not less than P500,000 but not q) Charging an OFW interest exceeding Sameer Overseas Placement Agency v. Joy credit, agency, business or imaginary
more than 1M 8% for loan Cabiles transactions
- Refund document fees r) Obliging OFW to avail loan 3) By means of other similar deceits
s) Refusing to condone or negotiate Workers are entitled to substantive and
Illegal recruitment t) Obliging to undergo health exams to procedural due process before termination. They It is essential that the false statement or
specific clinics may not be removed from employment w/o valid fraudulent representation constitutes the very
- A person not license or authorized to or just cause as det by law and w/o going through cause or the only motive which induces the
u) Obliging to undergo training only
recruit engages in recruitment the proper procedure. complainant to part with the thing of value.
from specific institutions
activities
v) Engaging recruitment while licensed
Is the guarantee of security of tenure Feagle Construction Corp v. Gayda
An act of canvassing, enlisting, contracting, is suspended
applicable to OFWs?
transporting, utilizing, hiring, procuring w) Charging the cost of compulsory WON the pet may be held solidarily liable w/ the
workers, and includes referring, contract insurance to OFW Employees are not stripped of their security of foreign employer for unpaid claims of
services, promising or advertising for tenure when they move to work in a different respondent against their employer even as they
Illegal recruitment as economic sabotage
employment abroad, whether for profit or not, jurisdiction. With respect to the right of OFW, have a stipulation to this effect? NO.
when undertaken by a non-license or non-holder Syndicated – committed by a syndicate if we follow the principle of lex loci contractus
of authority. (law of the place where the contract is made). GR: recruiter is solidarily liable w/ unpaid
carried out by a group of 3 or more persons
wages of workers sent abroad
conspiring or confederating with one another.
- When a person, whether or not he is There is no question that the contract was
licensed or authorized to recruit perfected in the Philippines, therefore, the Labor EXN: it was the workers who persuaded the
Large scale – if committed against 3 or more
commits the following prohibited Code apply in this case. The provisions of the recruiter to send them back abroad despite
persons individually or as a group
activities: Constitution and the Labor Code which afford knowledge that foreign employer might not pay
a) Charging or accepting greater amount Who can file? protection to labor apply to OFW. their wages and they agreed not to hold the
b) Making worker pay loan/advance recruiter responsible thereof.
c) False notice or information - DOLE Secretary Terminated only for a just or authorized cause
- POEA Administrator and after compliance with procedural due Ilas v. NLRC
d) Misrepresentation in obtaining license
or authority - Any aggrieved person process requirements.
Can recruitment agency be liable for unpaid
e) Reprocessing for non-existent work wages and other claims of certain overseas
Prescriptive period and penalties How much will be paid?
f) Inducing or attempting to induce to worker who appear to have been recruited by its
quit former work Simple IR – 5 years; 12 years and 1 day to 20 Salary for the unexpired portion of the agent w/o its knowledge and consent?
g) Influencing or attempting to influence years imprisonment and 1M-2M fine employment contract that was violated w/
not to employ to others attorney’s fees and reimbursement of amounts GR: agency has full and complete responsibility
h) Harmful to public health or morality Economic sabotage – 20 years; life withheld from her salary. for all acts of its officials and representatives
or dignity imprisonment and 2M-5M fine done in connection w/ recruitment and
i) Obstructing or attempting to obstruct Section 10 “shall be entitled to the full placement.
Persons found guilty of the prohibited acts – 6 reimbursement of his placement fee w/ interest
inspection of DOLE
years and 1 day to 12 years imprisonment and of 12% per annum plus his salaries of the EXN: the name of the respondent was only used
j) Substituting or altering employment
500K – 1M fine unexpired portion of his contract” as a means to enable pet to be issued TEPS for
contracts
travel purposes, w/o the knowledge and consent
k) Travel agency Jurisdiction: People v. Cagalingan of the agency they cannot be held liable for the
l) Withholding or denying travel
claims of pet.
documents before departure for Labor Arbiter of NLRC has original and - Illegal recruitment in large scale
money considerations exclusive jurisdiction to hear and decide claims
m) Failure to submit report of migrant arising from er-ee relationship Committed estafa:
n) Failure to deploy w/o valid reasons including claims for damages.
o) Failure to reimburse expenses 1) Using a fictitious name
p) Allowing non-filipino to head or CASES: 2) Falsely pretending to possess power,
manage influence, qualifications, property,

ALEXANDRIA B. RABANES
AGRARIAN LAW AND SOCIAL LEGISLATION – MIDTERMS REVIEWER
UNIVERSITY OF MINDANAO – COLLEGE OF LEGAL EDUCATION