Report On Msws Peligro

GUIDELINES FOR THE EMPLOYMENT OF c.
Frequency of payment – paid directly in

MIGRATORY SUGARCANE WORKERS legal tender, at least weekly or twice a
(MSWs) month at interval not exceeding 16 days.
d. Social Protection and Welfare Benefits –
Reporter: Nikka Antipasado Peligro (1) SS, PhilHealth, and Pag-IBIG benefits,
 DO No. 159, Series of 2016 (2) applicable labor standards benefits,
(3) occupational safety and health
A. Objectives protection, (4) adequate temporary
dwelling facility, and (5) 13th Month Pay
1. To integrate relevant provisions of DO-7, 7A, pursuant to PD 851.
7-B (series of 1976), DO 18-A (series of 2011), e. Termination – shall be governed by
and DO 141-14 (series of 2014) in the Article 282, 283, and 284 of the Labor
employment of MSWs Code. If the termination is due to the
2. To ensure the rights of MSWs as mandated expiration of contract or from the
by the constitution and other applicable laws, completion of the phase of the job work
rules, and regulations or service, MSW shall be paid with
3. To provide protection during employment separation benefits as may be provided
both to the employer and workers. by law or employment contract.
Termination shall be in accordance with
B. Definition: existing law and jurisprudence.
f. Security of Tenure – shall be enjoyed for
1. Adequate temporary dwelling facility – the duration of the employment contract.
temporary housing for the MSWs which g. Right to Self-Organization – MSWs shall
passed the evaluation of the DOLE – RO have the right to self-organization and to
based on the evaluation checklist or form Unions or workers’ association.
parameters h. Settling of Controversies – shall be
2. Authority to Recruit – document issued by settled in accordance with the existing
the Secretary thru RD authorizing a person rules on dispute settlement.
to conduct recruitment activities for local
employment on behalf of a private C. Responsibilities of the Employer
employment agency
3. Authority to Transport – certificate issued by 1. Responsibility – welfare and safe transport
the RD after compliance on the of the MSWs from the place of residence.
requirements provided under Section 4 of 2. Obligations
these guidelines 2.1. Under the law:
4. Cash Bonus Fund or CBF – refers to 80% a. Free transportation
share of the lien given as social amelioration b. Free and adequate dwelling
bonus to the covered sugar workers, facilities
including any and all incomes or interests c. Minimum wage depending on the
derived therefrom locality
5. MSWs - sacada or migrant seasonal d. 13th Month pay according to PD
sugarcane worker who is employed and 851
transported to another place, from one place e. Emergency allowance pursuant
to another to perform agricultural service or to PD 1751
work in sugarcane farms; and cannot return f. Legal holiday pay pursuant to PD
to his permanent residence on the same 928
working day due to geographic distance of g. Social amelioration bonus
their worksite. pursuant to RA 6982 and RA
6. Terms and Conditions of Employment: 9367
a. Wages – shall be paid not less than the 2.2. Prohibition against Child Labor
mandated minimum wage for agriculture 2.3. Liabilities of the Employer under the
sector prevailing at place of work or Contracting Agreement
RTWPB piece rate. 2.4. Prohibition against Labor-Only
b. Deductions – no deductions except those Contracting
that are authorized by law. Deductions
for advances must be made every pay day D. Enforcement of Labor Standards and
but not exceed 20% of wages earned for a Working Conditions – consistent with Article 128
specific period. (Visitorial and Enforcement Power) of the Labor
Code, all DOLR Regional Offices shall enforce and
monitor compliance with this Order for the
protection and welfare of MSWs.
E. Monitoring and Reporting
1. Establishment of Management Information

System
2. Monitoring by DOLE – Regional Office
3. Compliance Monitoring
F. Penal Provisions and Sanctions
1. Sanctions – applicable penal provisions

under Social Benefits Laws
2. 1st Offense, Second Offense, and 3rd Offense

Report On Msws Peligro

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GUIDELINES FOR THE EMPLOYMENT OF c.

Frequency of payment – paid directly in

E. Monitoring and Reporting

1. Establishment of Management Information

F. Penal Provisions and Sanctions

1. Sanctions – applicable penal provisions

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