Health and Wellness: AIDS cases hit 3,338 in 2012

Health and Wellness: AIDS cases hit 3,338 in 2012: MANILA, Philippines - The Department of Health (DOH) recorded 293 new cases of human immunodeficiency virus/acquired immune deficien...

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Worker regularity based on nature of job, not the written employment contract

Dear PAO,
I have been working in this beverage company since 2010 under one-year contract and was renewed yearly up until this year.

It is stated in one of the provisions of the contract that I’m not entitled to any benefits and privileges that regular employees get. I’m wondering if I can get a 13th month pay under Department Order 18-A, Series of 2011. Would there be any chance that I can be a regular employee since I have been with them for almost three years. Thanks. I hope you can enlighten me on this matter.
Abub

Dear Abub,
Article 280 of the Labor Code of the Philippines is enlightening with regard to who should be considered a regular employee. The said law provides that:

“Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.”

It is clear from the provisions of the cited law that if the work performed is necessary and desirable to the business of the employer then the employee will be deemed as regular regardless of the stipulations to the contrary. In other words, what determines regularity is not the written employment contract, but the nature of the job (Azucena, Everyone’s Labor Code, 2010 update, citing A.M. Oreta, August 10, 1989).

Since your employment is based on a contract limited to a period of one year, you may initially be considered as a project, or contract worker. Generally, contract workers are not considered regular employees, since their services are needed only when there are projects to be undertaken (Cartagenas v. Romago Electric Co., G.R. No. 82973, September 15, 1989). Nonetheless, should the employment of the project or contract employees be extended after the end of the supposed project, the said employees can now be considered as regular employees (Azucena, Everyone’s Labor Code).

Furthermore, a project employee in a private company or entity may acquire the status of a regular employee when:

a. There is a continuous rehiring of project employees even after the end of the project;

b. The tasks performed by the alleged project employee are vital, necessary and indispensable to the usual business or trade of the employer (Ibid).

Thus, considering that you have been re-hired several times already, and if determined that you perform necessary and indispensable tasks to your employer, your status may become that of a regular employee, and thus, entitled to all the rights and privileges as provided by law.

With regard to Department Order (DO) 18-A, Series of 2011 that you mentioned, note that this department order applies to employees engaged in a contracting and subcontracting arrangement. Sec. 8 of DO 18-A, Series of 2011 specifically provides for the rights and privileges that such employees are entitled to, which includes:

“Sec. 8. Rights of contractor’s employee. All contractor’s employees, whether deployed or assigned as reliever, seasonal, week-ender, temporary, or promo jobbers, shall be entitled to all the rights and privileges as provided for in the Labor Code, as amended, to include the following:

a. xxx

b. Labor standards such as but not limited to service incentive leave, rest days, overtime pay, holiday pay, 13th month pay and separation pay as may be provided in the Service Agreement or under the Labor Code. xxx”

Thus, should your employment be based on such arrangement, you are still entitled to a 13th month pay as clearly provided by law.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.netThis email address is being protected from spambots. You need JavaScript enabled to view it

SOURCE:

http://www.tucp.org.ph/news/index.php/2013/01/worker-regularity-based-on-nature-of-job-not-the-written-employment-contract/.

Wage Order

SUMMARY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES
Non-Agriculture, Agriculture
As of December 2012
(In pesos) 
Source: http://www.nwpc.dole.gov.ph/pages/statistics/stat_current_regional.html

Advantages of LED Lights

The operational life of current white LED lamps is 100,000 hours. This is 11 years of continuous operation, or 22 years of 50% operation. The long operational life of an led lamp is a stark contrast to the average life of an incandescent bulb, which is approximately 5000 hours. If the lighting device needs to be embedded into a very inaccessible place, using LEDs would virtually eliminate the need for routine bulb replacement. 

There is no comparison between the cost of LED lights vs. traditional incandescent options. With incandescent bulbs, the true cost of the bulb is the cost of replacement bulbs and the labor expense and time needed to replace them. These are significant factors, especially where there are a large number of installed bulbs. For office buildings and skyscrapers, maintenance costs to replace bulbs can be enormous. These issues can all be virtually eliminated with the LED option. 

Source:http://www.lc-led.com/articles/ledlights.html

A light-emitting diode (LED) is a semiconductor light source.^[4] LEDs are used as indicator lamps in many devices and are increasingly used for other lighting. Appearing as practical electronic components in 1962,^[5] early LEDs emitted low-intensity red light, but modern versions are available across the visible, ultraviolet, and infrared wavelengths, with very high brightness. http://en.wikipedia.org/wiki/Light-emitting_diode

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013 - International AIDS Candlelight Memorial

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013

The theme of the 30^th International AIDS Candlelight Memorial is “In solidarity”. On Sunday 19 May 2013, for the 30^th time, grassroots organisations worldwide will commemorate International AIDS Candlelight Memorial. Communities will raise awareness around HIV, stand together with people living with HIV and remember the loved ones lost to HIV and AIDS.

The theme of “In solidarity” emphasizes the need for people living with and affected by HIV to join hands and work together in the response to HIV. Solidarity in communities is essential to reduce stigma and promote the involvement of people living with HIV in order to ensure a more effective HIV response. Only together as communities can we advocate for universal access to quality health and social services.

Organising the memorial for the 30th time is no reason for celebration. When the AIDS Candlelight Memorial was held first in 1983, no-one could have predicted the scale of the global epidemic. With millions of lives lost and around 33 million people currently living with HIV, HIV remains a challenging reality. While for many people HIV has become a chronic disease, many others lack access to treatment and experience HIV-related stigma, discrimination and human rights violations on a daily basis. The International AIDS Candlelight Memorial reminds us of the impact that HIV has on our lives locally and globally.

To mark World AIDS Day 2012, the International AIDS Candlelight Memorial is releasing our theme and poster. You can download the poster and an accompanying email banner fromwww.candlelightmemorial.org. You can also register as a Community Coordinator for Candlelight Memorial 2013 on the website.

The International AIDS Candlelight Memorial is one of the world’s oldest and largest grassroots mobilisation campaigns for HIV awareness. The International AIDS Candlelight Memorial takes place every third Sunday in May. It is led by a coalition of 1,200 community organizations in 115 countries, and is coordinated at the global level by the Global Network of People living with HIV.

In solidarity - 30th International AIDS Candlelight Memorial – 19 May 2013 - International AIDS Candlelight Memorial