Labor Laws for Foreigners and Local HR Practitioners: An Application of the Philippine Labor Laws
November 14 @ 9:00 am - 5:00 pm₱8000 – ₱10000
Employment law in the country is governed by the Labor Code of the Philippines and covers three main key aspects, namely, labor standards, labor relations and human resource development.
Our laws in labor standards and labor relations cover not only Filipino nationals, but also foreigners or non-Filipinos who decide to work within the Philippines.
This program is focused on two things: (1) educating foreign nationals concerning compliance on Philippine labor standards and labor relations (2) train and develop HR practitioners in relation to dealing with foreign workers.
This 3-day program shall enable participants (foreign nationals included) to assess their company and ensure its compliance with Philippine labor laws and labor relations, as well as identify critical areas surrounding the involvement of a foreign worker within the company.
This program shall be based on the inspection checklist as used and applied by the Department of Labor and Employment.
At the end of the program, participants shall be able to:
- Know and understand the types of employment relationship;
- Gain knowledge on matters surrounding contracting and subcontracting arrangements, and what constitutes illegal practice of contracting and subcontracting
- Understand the legalities of terminating foreign and local employees;
- Learn how the Alien Employment Permit works and how can foreign workers be exempted from its application and
- Understand and effectively implement Philippine labor standards.
Course Content (3 days):
A. Employment relationship
1. Overview of labor law
- Fundamental principles
- Sources of labor policy and regulations
- Scope of labor relations
- Workers’ rights and management prerogative
2. The employment relations framework (Employment relationships)
- Who are the employers/employees?
- Concept of four-fold test
- Types of employment arrangements
- Bilateral (employee-employer relationship)
- Trilateral (contracting and subcontracting)
- DOLE Department Order 174
- Prohibited contacting and subcontracting / Labor-only contracting
3. Categories of employment
- Regular employment
- Fixed period employment
- Project employment
- Seasonal employment
4. Classification of employees
5. How to determine employee classification?
B. Employment relationship
1. Sources of Basic/Law Principles
- Constitutional Guarantee: Security of Tenure
- Labor code
- Doctrine of Statutory Due Process
- DOLE Department order 147 – 15
2. Security of Tenure
- Scope: types of employment
3. Scope of Management prerogative
4. Statutory Due Process
- Substantive Aspect: Just / Authorize causes
- Procedural Aspect: Requirements
5. Sanctions for Violation/non-compliance
- Substantive Aspect
- Procedural Aspect
6. Constructive dismissal
7. Causes of Termination Under the Collective Bargaining Agreement
8. Voluntary Separation
9. Payment of Separation Pay
C. Alien Employment
2. Alien Employment Permit
- Issuance of permit to foreign nationals
- Processing and issuance
D. Labor Standards
1. International labor standards
6. Working conditions and rest period
- Hours of work
- Weekly rest period
- Holidays, service incentive leaves, and service charges
- Minimum wage
- Payment of wages
- Prohibitions regarding wages
- Administration and enforcement
8. Special group of employees
- Employment of women
- Employment of minors
- Employment of night workers
E. Diagnosing your company’s labor compliance
- DOLE inspection checklist
- Case studies
The program targets foreigners who handle human resources and/or belongs to the top management. The program also targets local HR practitioners who handle foreign workers in the country.
Subject matter expert:
ATTY. BENEDICTO ERNESTO R. BITONIO JR
Atty. Bitonio is a practicing lawyer, an independent consultant, and a professorial lecturer at the University of the Philippines. He is a subject matter expert on industrial relations, employment, labor law and regulation, public management, and development management and finance. He has done policy, management, legal and labor relations consulting in several national institutions and private companies in the Philippines including with the Employers Confederation of the Philippines, and in international organizations such as the International Labour Organization (ILO), the Asian Development Bank (ADB) and the ASEAN Trade Union Council. He has been a consultant on projects for strengthening industrial relations institutions in the Philippines, Cambodia, Vietnam and Indonesia. He has broad knowledge of international labour standards and of labour and employment relations and economic integration issues in South East Asia and the Pacific. He is frequently invited to speak in national and international forums and has published articles and papers on labour and industrial relations.
Prior to engaging in private practice and consultancy, Atty. Bitonio served the Philippine government for twenty years, including as director of labor relations, assistant secretary and undersecretary of the Department of Labor and Employment; chairman of the National Labor Relations Commission; and executive vice president and chief development officer of the Development Bank of the Philippines and chief executive officer of the Industrial Guarantee and Loan Fund. In various years, he was Philippine government adviser/delegate to the annual International Labour Conference (ILC) in Geneva, served as Philippine representative to the ILO Governing Body in 2004 to 2006, and chaired the Committee on Technical Cooperation in the ILC in 2006.
Atty. Bitonio obtained degrees in Bachelor of Arts and Bachelor of Laws from the University of the Philippines, and a Master in Public Management degree from the National University of Singapore (NUS) during which he was also an executive fellow at the Kennedy School of Government, Harvard University. He is currently based in Metro Manila, where he also lives with his wife and daughter.
Register today and avail our early bird discount:
A 10% discount will be given if payment is received 7 days before the course commences. Payment on-site and walk-in participants will pay the regular fee.