Labor Laws and Management in The Tourism Establishments
Labor Laws and Management in The Tourism Establishments
Labor Laws and Management in The Tourism Establishments
Labor Law
Includes all the rules of law governing the conditions under which
persons may work under the control of other persons called employers.
Relevant to this are the concepts of labor standards and labor relations
laws governing hours of work, weekly rest periods, minimum wage rates,
unfair labor practices, strikes and lockouts.
1. Right to self-organization
4. Right to just and humane conditions of work. This refers to fair wages and
equal remuneration for work of equal value, safe and healthy working
Conditions, equal opportunity to promotion and rest, leisure and reasonable
limitation of working hours, such as:
Employers Rights
3.2. to hire;
3.3. to transfer;
3.4. to discipline;
3.5. to dismiss;
3. Fraud or Willful Breach by the employee of the trust reposed in him by his
employer or duly authorized representative.
Some 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 hours a day.
Article 84. Hours Worked. It shall include: (a) at all times during which an
employee is required to be on duty or be at a prescribed workplace, and (6) at
all times during which an employee is suffered or permitted to work. Rest
period of short duration working hours shall be counted as hours worked.
Article 85. It is the duty of every employer to give his employees regardless of
sex, not less than 60 minutes time off for their regular meals. These meal
periods are not, however, compensable hours of work. The regular meals are
breakfast, lunch, and supper. Coffee breaks or rest periods running from five
(5) to twenty (20) minutes are not included; they are considered as
compensable working time.
Article 86. Night Shift Differential. Every employee shall be paid a night shift
differential or not less than ten percent (10%) of his regular wage for each hour
of Work performed between ten o' clock in the evening and Six O'clock in the
morning. All employees are entitled to night shift differential pay except the
following:
c. Domestic helpers;
e. Managerial employees; .
f. Officers and members of a managerial staft
g. Field personnel and other ployees whose time and pe unsupervised by the
employer; performance is
i. Members of the family of the employer who are dependent upon him for
support (Article 82 of the Family Code).
Article 87. Overtime Work. Work may be performed beyond eight 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.
Article 96. Service Charges. All service charges collected by the hotels,
restaurants and similar establishments shall be distributed at the rate of eight-
five (85%) for all covered employees and fifteen percent (15%%) for the
management. The share of employees shall be equally distributed among them.
In case the service charge is abolished, the share of the covered employees
shall be considered integrated in their wages.
The authors believe that there is really a necessity to include the Anti-Sexual
Harassment Act in the discussion of this book since the hospitality industry
and other work places are prone to different sexual harassment cases. This
book would at least give the future practitioners basic knowledge of the
mentioned law.
RA 7877 also provides that the following must be present in order for an act in
a Work-related or employment environment be considered as sexual
harassment: 1. The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said individual, or in
granting said individual favorable Compensation, terms, conditions,
promotions, or privileges; or the refusal to grant the sexual favor result in
limiting, segregating or classifying the employee which in a way would
discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employees; 2. The said acts would impair the employees
right or privileges under existing labor laws, or; 3. The said acts w0uld result in
an intimidating, hostile, or offensive environment for the employee.