Isabela State University

Cabagan, Campus

HM 321 LEGAL ASPECTS IN HOSPITALITY AND TOURISM

[Link] of the Module

Chapter 9: Law Regulating the Labor and Tourism Education

2. Introduction

The tourism and hospitality industry operates within a

comprehensive domestic and international, legal and regulatory
framework. This course examines this framework and covers key
principles of law applicable to hospitality, tourism and related industries.
Various legislation on business organization and several international
law issues such as consumer protection, product and service liability,
employment and law access to the natural environment will be covered.

3. Learning Outcome:

• Enumerate the types of employers, their benefits , privileges and

policies.
• Identify some best practices in handling human resources in tourism
establishments.
• Identify the procedures in handling sexual harassment in the
workplace.
• Explain the right of workers.

4. Learning Content:

Chapter 9: Law Regulating the Labor

 Constitutional Provisions on Labor
 Employment Contracts
 Classification of Employees
 Maternity and Paternity Leave
 Health Benefits of Employees
 Sexual Harassment in workplace
Chapter 9: Law Regulating the Labor and Tourism Education

LABOR

Section 3. The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment and equality of
employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective

bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.

The State shall promote the principle of shared responsibility between

workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns to investments, and to
expansion and growth.

Employment Contract

This Employment Agreement is a contract between an employer and

employee in the Philippines. It can be used for different types of employment
such as probationary employment, regular employment, project
employment, seasonal employment, fixed-term employment or casual
employment.

This Employment Agreement is not suitable for Filipino employees who will
be employed as overseas Filipino workers. Instead, the POEA Standard
Employment Contract for Various Skills should be used.

This document also includes an Acknowledgement portion if the parties

would want to notarize the document. Notarization of the document converts
the document from a private document to a public document so that it
becomes admissible in court without need of further proof of its authenticity.

Classification of Employees

Regular or Permanent Employment

Regular or Permanent Employment is when an employee performs activities
that are usually necessary or desirable in the usual business or trade of the
employer. They enjoy the benefit of security of tenure provided by the
Philippine Constitution and cannot be terminated for causes other than those
provided by law and only after due process is given to them.

However, some employers can require their new employees to undergo

probationary employment before they can be qualified for regular
employment. Although probationary employment is not a formal type of
employment in the Philippines, it is widely practiced to help employers
observe the skills, competence, and performance of new employees and
determine if they are able to meet the reasonable standards to become
permanent employees.

Under Article 281 of the Labor Code of the Philippines, the maximum length
of probationary employment shall be six (6) months, and is counted from the
date an employee started working. When the employment is not terminated
after the six-month probationary period, it shall then be considered regular
employment. It is important to note that the employer must notify the
employee of the probationary period and the standards they must satisfy on
or before the end of the probationary employment. If the employee is not
properly notified of the arrangement, then they are prescribed by law to be
classified as a regular employee from the time they started working for the
company.

Term or Fixed Employment

Term or Fixed-Term Employment is when the employee renders service for a
definite period of time and the employment contract must be terminated
after such period expires. This type of employment is determined not by the
activities that the employee is expected to perform but by the
commencement and termination of the employment relationship.

Fixed-term employment is highly regulated and is subject to the following

criteria:
  be voluntarily and knowingly agreed upon by the parties without any
force, duress or improper pressure being brought to bear upon the
employee and absent any vices of consent; or

 it satisfactorily appears that the employer and the employee dealt with
each other on more or less equal terms with no dominance exercised
by the former over the latter.

Project Employment
Project Employment is defined when an employee is hired for a specific
project or undertaking and the employment duration is specified by the
scope of work and/or length of the project. A project employee may acquire
the status of a regular employee when they are continuously rehired after
the completion of the project or when the tasks they perform are vital,
necessary, and indispensable to the usual business or trade of the employer.

Seasonal Employment
Seasonal Employment is when the work to be performed is only for a certain
time or season of the year and the employment is only for that duration. This
type is common practice to Retail, Food and Beverage, Hospitality and other
related industries as augmentation to their workforce to cover for the
demand during peak seasons.

A common practice for some employers is to hire “regular seasonal

employees” who are called to work during peak seasons (e.g. Christmas
season) and are temporarily suspended during off-seasons. These employees
are not separated from service but are only considered on Leave of Absence
(LOA) without pay until re-employed.

Casual Employment
There is Casual Employment when an employee performs work that is not
usually necessary or primarily related to the employer’s business or trade.
The definite period of employment should be made known to the employee
at the time they started rendering service.

If the employee has rendered service for at least one (1) year in the same
company, whether the casual employment is continuous or not, they shall be
considered a regular employee with respect to the activity they are
employed and will continue rendering service while such activity exists.
Maternity and Paternity Leave

REPUBLIC ACT No. 11210

An Act Increasing the Maternity Leave Period to One Hundred Five

(105) Days for Female Workers With an Option to Extend for an
Additional Thirty (30) Days Without Pay, and Granting an Additional
Fifteen (15) Days for Solo Mothers, and for Other Purposes

Section 3. Grant of Maternity Leave.— All covered female workers in

government and the private sector, including those in the informal economy,
regardless of civil status or the legitimacy of her child, shall be granted one
hundred five (105) days maternity leave with full pay and an option to
extend for an additional thirty (30) days without pay: Provided, That in case
the worker qualifies as a solo parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the worker shall be granted an additional fifteen
(15) days maternity leave with full pay.

Enjoyment of maternity leave cannot be deferred but should be availed of

either before or after the actual period of delivery in a continuous and
uninterrupted manner, not exceeding one hundred five (105) days, as the
case may be.

Maternity leave shall be granted to female workers in every instance of

pregnancy, miscarriage or emergency termination of pregnancy, regardless
of frequency: Provided, That for cases of miscarriage or emergency
termination of pregnancy, sixty (60) days maternity leave with full pay shall
be granted.

Section 4. Maternity Leave for Female Workers in the Public Sector.— Any
pregnant female worker in the government service, regardless of
employment status, in National Government Agencies (NGAs), Local
Government Units (LGUs), Government-Owned or -Controlled Corporations
(GOCCs), or State Universities and Colleges (SUCs), shall be granted a
maternity leave of one hundred five (105) days with full pay regardless if the
delivery was normal or caesarian: Provided, That, in case the employee
qualifies as a solo parent under Republic Act No. 8972, or the "Solo Parents’
Welfare Act", the employee shall be paid an additional maternity benefit of
fifteen (15) days. An additional maternity leave of thirty (30) days, without
pay, can be availed of, at the option of the female worker: Provided,
further, That, the head of the agency shall be given due notice, in writing, at
least forty-five (45) days before the end of her maternity leave: Provided,
finally, That no prior notice shall be necessary in the event of a medical
emergency but subsequent notice shall be given to the head of the agency.
Maternity leave of sixty (60) days, with full pay, shall be granted for
miscarriage or emergency termination of pregnancy.

Section 5. Maternity Leave for Female Workers in the Private Sector.— Any
pregnant female worker in the private sector shall be granted a maternity
leave of one hundred five (105) days with full pay, regardless of whether she
gave birth via caesarian section or natural delivery, while maternity leave of
sixty (60) days with full pay shall be granted for miscarriage or emergency
termination of pregnancy.

(a) A female Social Security System (SSS) member who has paid at least
three (3) monthly contributions in the twelve (12)-month period immediately
preceding the semester of her childbirth, miscarriage, or emergency
termination of pregnancy shall be paid her daily maternity benefit which
shall be computed based on her average monthly salary credit for one
hundred five (105) days, regardless of whether she gave birth via caesarian
section or natural delivery, subject to the following conditions:

(1) That the female worker shall have notified her employer of her pregnancy
and the probable date of her childbirth, which notice shall be transmitted to
the SSS in accordance with the rules and regulations it may provide;

(2) That the full payment shall be advanced by the employer within thirty
(30) days from the filing of the maternity leave application;

(3) That payment of daily maternity benefits shall be a bar to the recovery of
sickness benefits provided under Republic Act No. 1161, as amended, for the
same period for which daily maternity benefits have been received;

(4) That the SSS shall immediately reimburse the employer of one hundred
percent (100%) of the amount of maternity benefits advanced to the female
worker by the employer upon receipt of satisfactory and legal proof of such
payment; and

(5) That if a female worker should give birth or suffer a miscarriage or

emergency termination of pregnancy without the required contributions
having been remitted for her by her employer to the SSS, or without the
latter having been previously notified by the employer of the time of the
pregnancy, the employer shall pay to the SSS damages equivalent to the
benefits which said female member would otherwise have been entitled to.

In case the employee qualifies as a solo parent under Republic Act No. 8972,
or the "Solo Parents’ Welfare Act", the employee shall be paid an additional
maternity benefit of fifteen (15) days.
(b) An additional maternity leave of thirty (30) days, without pay, can be
availed of, at the option of the female worker: Provided, That the employer
shall be given due notice, in writing, at least forty-five (45) days before the
end of her maternity leave: Provided, further, That no prior notice shall be
necessary in the event of a medical emergency but subsequent notice shall
be given to the head of the agency.

(c) Workers availing of the maternity leave period and benefits must receive
their full pay. Employers from the private sector shall be responsible for
payment of the salary differential between the actual cash benefits received
from the SSS by the covered female workers and their average weekly or
regular wages, for the entire duration of the maternity leave, with the
following exceptions, subject to the guidelines to be issued by the
Department of Labor and Employment (DOLE):

(1) Those operating distressed establishments;

(2) Those retail/service establishments and other enterprises

employing not more than ten (10) workers;

(3) Those considered as micro-business enterprises and engaged

in the production, processing, or manufacturing of products or
commodities including agro-processing, trading, and services,
whose total assets are not more than Three million pesos
(₱3,000,000.00); and

(4) Those who are already providing similar or more than the
benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a

justification by the employer claiming exemption for the approval of the
DOLE.

Section 6. Allocation of Maternity Leave Credits.— Any female worker

entitled to maternity leave benefits as provided for herein may, at her
option, allocate up to seven (7) days of said benefits to the child’s father,
whether or not the same is married to the female worker: Provided, That in
the death, absence, or incapacity of the former, the benefit may be allocated
to an alternate caregiver who may be a relative within the fourth degree of
consanguinity or the current partner of the female worker sharing the same
household, upon the election of the mother taking into account the best
interests of the child: Provided, further, That written notice thereof is
provided to the employers of the female worker and alternate
caregiver: Provided, furthermore, That this benefit is over and above that
which is provided under Republic Act No. 8187, or the "Paternity Leave Act of
1996": Provided, finally, That in the event the beneficiary female worker dies
or is permanently incapacitated, the balance of her maternity leave benefits
shall accrue to the father of the child or to a qualified caregiver as provided
above.

Section 7. Maternity Leave for Women Regardless of Civil Status.— All

female workers in the government and female members of the SSS,
regardless of their civil status, shall be granted maternity leave, with full pay,
upon compliance with the preceding section.

Section 8. Maternity Leave With Pay in Case of Childbirth, Miscarriage, or

Emergency Termination of Pregnancy After the Termination of an
Employee’s Service.— Maternity leave with full pay shall be granted even if
the childbirth, miscarriage, or emergency termination of pregnancy occurs
not more than fifteen (15) calendar days after the termination of an
employee’s service, as her right thereto has already accrued: Provided, That
such period is not applicable when the employment of the pregnant woman
worker has been terminated without just cause, in which case the employer
will pay her the full amount equivalent to her salary for one hundred five
(105) days for childbirth and sixty (60) days for miscarriage or emergency
termination of pregnancy based on her full pay, in addition to the other
applicable daily cash maternity benefits that she should have received had
her employment not been illegally terminated.

Section 9. Maternity Leave Credits.— The maternity leave can be credited

as combinations of prenatal and postnatal leave as long as it does not
exceed one hundred five (105) days and provided that compulsory postnatal
leave shall not be less than sixty (60) days.

Section 10. Maternity Leave Benefits for Women in the Informal Economy
and Voluntary Contributors to the SSS.— Maternity benefits shall cover all
married and unmarried women, including female workers in the informal
economy.

Female workers in the informal economy are entitled to maternity leave

benefits if they have remitted to the SSS at least three (3) monthly
contributions in the .twelve (12)-month period immediately preceding the
semester of her childbirth, miscarriage, or emergency termination of
pregnancy.

Section 11. Maternity Benefits for Female Workers Who are Non-Members
of the SSS.— Female workers who are neither voluntary nor regular
members of the SSS shall be governed by the Philippine Health Insurance
Corporation (PhilHealth) Circular No. 022-2014 or the "Social Health
Insurance Coverage and Benefits for Women About to Give Birth".
Section 12. Maternity Leave of a Female Worker With Pending
Administrative Case. — The maternity leave benefits granted under this Act
shall be enjoyed by a female worker in the government service and in the
private sector even if she has a pending administrative case.

Section 13. Maternity Leave for Female National Athletes.— In the event a
national athlete becomes pregnant, she will be referred to the team
physician or an accredited physician of the Philippine Sports Commission
(PSC) or an obstetrician-gynecologist to determine her fitness to continue
training. She will be allowed to participate in all team-related activities,
unless the physician advises that participation is not medically safe or should
be limited. Upon medical advice, she shall go on maternity leave until
cleared to return to training. She shall continue receiving her allowance and
be entitled to the same benefits while on maternity leave prior to childbirth
and up to six (6) months after, unless she can resume sooner as advised by
her physician, in which case, she will be entitled to the allowance and
benefits she had prior to pregnancy: Provided, That a female national athlete
employed in the public sector shall not receive double compensation or
benefits.

Section 14. Non-Diminution of Benefits. - Nothing in this Act shall be

construed as to diminish existing maternity benefits currently enjoyed
whether or not these are granted under collective bargaining agreements
(CBA) or present laws, if the same are more beneficial to the female worker.
Any other working arrangement which the female worker shall agree to,
during the additional maternity leave period, shall be allowed: Provided, That
this shall be consented to in writing by the female worker and shall primarily
uphold her maternal functions and the requirements of postnatal care.

Section 15. Security of Tenure. - Those who avail of the benefits of this Act,
whether in the government service or private sector, shall be assured of
security of tenure. As such, the exercise of this option by them shall not be
used as basis for demotion in employment or termination. The transfer to a
parallel position or reassignment from one organizational unit to another in
the same agency or private enterprise shall be allowed: Provided, That it
shall not involve a reduction in rank, status, salary, or otherwise amount to
constructive dismissal.1âwphi1

What are the eligibility and documentary requirements in the

availment of the Maternity Leave benefit

For female employee working in the Public Sector

Any pregnant female worker in the government service, regardless of
employment status and length of service, in National Government Agencies
(NGAs), Local Government Units (LGUs), Government-Owned or Controlled
Corporations (GOCCs), State Universities and Colleges (SUCs) or Local
Universities and Colleges (LUCs).

The following documents shall be submitted to the agency to enjoy

maternity leave:

1. Accomplished Application for Leave (Civil Service Form No. 6);

2. Medical Certificate issued by a government or private physician, as
proof of pregnancy and estimated date of delivery;
3. Accomplished Clearance Form (Civil Service Form No. 7)
4. Solo Parent I.D., for solo parents who want to avail of the additional
maternity leave of 15 days

For female employee working in the Private Sector

To qualify for the grant of maternity leave benefit, the female worker must
meet the following requirements:

1. To be eligible for maternity benefit from the Social Security System

(SSS), an employee must have paid at least 3 monthly SSS
contributions in the 12 month period immediately preceding the
semester of the birth, miscarriage or termination;
2. An employee must also notify her employer of the pregnancy and
expected date of birth. Notice shall be transmitted to the SSS in
accordance with the rules and regulations it may provide. However,
failure of the pregnant female workers to notify the employer shall not
bar her from receiving the maternity benefits, subject to guidelines
prescribed by the SSS.

For Self-employed/Voluntary/OFW SSS members

Maternity benefits shall cover all married and unmarried women, including
female workers in the informal economy. Female workers in the informal
economy are entitled to maternity leave benefits if they have remitted to the
SSS at least three (3) monthly contributions in the twelve (12)-month period
immediately preceeding the semester of her childbirth, miscarriage, or
emergency termination of pregnancy. Self-employed female SSS members,
including those in the informal economy, OFWs and voluntary SSS members
may give notice directly to the SSS.
Mandatory Employee Benefits and Contributions in the Philippines

Employee Benefits, Coverage, and Contributions

The Philippine Social Security System, strengthened by the provisions of
the Republic Act No. 8282 or the Social Security Law, is the country’s social
insurance program and consists of the following bodies:

 Social Security System (SSS) – The SSS was created to provide

private employees and their families protection against disability,
sickness, old age, and death. The Government Service Insurance
System (GSIS) is the equivalent system for Philippine government
employees.

 Home Development Mutual Fund (HDMF) – The HDMF, also known

as the Pag-IBIG Fund, is a provident savings system supplying housing
loans to private and Philippine government employees, and to self-
employed persons who elect to join the Fund.

 Philippine Health Insurance Corporation (PhilHealth) – PhilHealth

is administered by the Philippine Health Insurance Corporation and
provides employees with a practical means of paying for adequate
medical care in the Philippines.

Coverage in the Philippines

All employed persons under the age of 60 who earn a monthly income of
more than ₱1,000 are required to contribute to the three social insurance
funds previously mentioned. Government employees under the retirement
age of 65 and officers of the Armed Forces of the Philippines (AFP), Philippine
National Police (PNP), Bureau of Fire Protection (BFP), Bureau of Jail
Management and Penology (BJMP), and the Philippine Coast Guard (PCG) who
are under the age of 60 are mandated by law to contribute to the GSIS.
Both private and government employees must contribute to the Pag-IBIG
Fund and PhilHealth. Membership is optional, however, for self-employed
persons, Overseas Filipino Workers (OFWs), and Non-Working Spouses
(NWSs).

Foreign nationals working in the Philippines must also make contributions to

SSS, HDMF, and PhilHealth. Membership is mandatory unless exempt under
some of the Philippines’ Totalization Agreements.
Updated Government Contributions in the Philippines for 2019
Employee’s SSS contributions are deducted from their salaries and withheld
by their respective employers on a monthly basis. Employers have a share in
the monthly contribution.

The updated SSS monthly contribution for employed members with monthly
incomes of ₱17,500 and over is ₱1,920. The employer is required to
contribute 8% or ₱1,400 from this amount while the remaining 4% or ₱700
should be withheld from the employee’s salary.

Sexual Harassment in workplace

Republic Act 7877: Anti-Sexual Harassment Act of 1995

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE

EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR
OTHER PURPOSES.

“Anti-Sexual Harassment Act of 1995.”

SECTION 2. Declaration of Policy. – The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full
respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training,
instruction or education. Towards this end, all forms of sexual harassment in
the employment, education or training environment are hereby declared
unlawful.

SECTION 3. Work, Education or Training -Related, Sexual Harassment

Defined. – Work, education or training-related sexual harassment is
committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is

committed when:

(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 of conditions,
promotions, or privileges; or the refusal to grant the sexual favor results in
limiting, segregating or classifying the employee which in any way would
discriminate, deprive ordiminish employment opportunities or otherwise
adversely affect said employee;

(2) The above acts would impair the employee’s rights or

privileges under existing labor laws; or

(3) The above acts would result in an intimidating, hostile, or

offensive environment for the employee.

(b) In an education or training environment, sexual harassment is

committed:

(1) Against one who is under the care, custody or supervision of

the offender;

(2) Against one whose education, training, apprenticeship or

tutorship is entrusted to the offender;

(3) When the sexual favor is made a condition to the giving of a

passing grade, or the granting of honors and scholarships, or the payment of
a stipend, allowance or other benefits, privileges, or consideration; or

(4) When the sexual advances result in an intimidating, hostile or

offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual
harassment as herein defined, or who cooperates in the commission thereof
by another without which it would not have been committed, shall also be
held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related,

Education or Training Environment. – It shall be the duty of the employer or
the head of the work-related, educational or training environment or
institution, to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution
of acts of sexual harassment. Towards this end, the employer or head of
office shall:

(a) Promulgate appropriate rules and regulations in consultation with and

joint1y approved by the employees or students or trainees, through their
duly designated representatives, prescribing the procedure for the
investigation of sexual harassment cases and the administrative sanctions
therefor.

Administrative sanctions shall not be a bar to prosecution in the proper

courts for unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a)
shall include, among others, guidelines on proper decorum in the workplace
and educational or training institutions.

(b) Create a committee on decorum and investigation of cases on sexual

harassment. The committee shall conduct meetings, as the case may be,
with officers and employees, teachers, instructors, professors, coaches,
trainors, and students or trainees to increase understanding and prevent
incidents of sexual harassment. It shall also conduct the investigation of
alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be

composed of at least one (1) representative each from the management,
the union, if any, the employees from the supervisory rank, and from the
rank and file employees.

In the case of the educational or training institution, the committee shall

be composed of at least one (1) representative from the administration, the
trainors, instructors, professors or coaches and students or trainees, as the
case may be.

The employer or head of office, educational or training institution shall

disseminate or post a copy of this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training

Institution. – The employer or head of office, educational or training
institution shall be solidarily liable for damages arising from the acts of
sexual harassment committed in the employment, education or training
environment if the employer or head of office, educational or training
 institution is informed of such acts by the offended party and no immediate
action is taken.

SECTION 6. Independent Action for Damages. – Nothing in this Act shall

preclude the victim of work, education or training-related sexual harassment
from instituting a separate and independent action for damages and other
affirmative relief.

OTHER KINDS OF HARASSMENT

Disability-Based Harassment
Disability-based harassment is a type of workplace harassment directed
towards individuals who either:

 Suffer from a disability themselves

 Are acquainted with a disabled person or people

 Use disability services (sick leave or workers’ comp)

A person with a disability may experience harassment in the form of harmful

teasing, patronizing comments, refusals to reasonably accommodate or
isolation.

Sexual Orientation-Based Harassment

Sexual orientation-based harassment is starting to gain traction and
recognition as a legitimate type of workplace harassment. Victims face
harassment because their sexual orientation is different from those around
them.
People of any sexual orientation (heterosexual, homosexual, bisexual,
asexual, etc.) may experience this form of harassment depending on their
line of work.
For example, a homosexual man may face harassment on a construction
site whereas a heterosexual man may be teased for working in a salon.
 Age-Based Harassment
Workers 40 years and older are specifically protected by the Civil Rights Act
of 1964 in an attempt to promote the employment of older people and
reduce age-based harassment.
A person facing age-based harassment might be:

 Teased and insulted,

 Left out of activities or meetings, or

 Unfairly criticized…

…Simply because of their age and the stereotypes that come with it.
Unfortunately, this harassment is sometimes an attempt to wrongfully push
the individual into early retirement.

Racial Harassment
A victim may experience racial harassment because of their race, skin color,
ancestry, origin country or citizenship.
Even perceived attributes of a certain ethnicity (curly hair, accents, customs,
beliefs or clothing) may be the cause. Racial harassment often looks like:

 Racial slurs

 Racial insults

 Racial jokes

 Degrading comments

 Disgust

 Intolerance of differences

Gender Harassment
Gender-based harassment is discriminatory behavior towards a person based
on their gender.
Negative gender stereotypes about how men and women should or do act
are often the center of the harassment. Some examples are:
 A male nurse faces harassment for having what is perceived as a woman’s
job

 A female banker hits the glass ceiling and taunted for not being “leader
material”

 A male colleague displays material (comics, posters) that’s degrading

to women

Religious Harassment
Religious harassment is often interconnected with racial harassment but
narrows in specifically on the victim’s religious beliefs.
An individual with a religion that differs from the “norm” of the company
may face workplace harassment or intolerance in a variety of ways:

 Intolerance toward religious holidays

 Intolerance toward religious traditions

 Intolerance toward religious customs

 Cruel religious jokes

 Degrading stereotypical comments

 Pressures to convert religions

5. Teaching and Learning Activities

These are activities related to the concepts and thinking skills that
were covered in the module. It also includes questions or an activity that
integrates the idea, help learners to connect to the module question,
assess progress, and look ahead. Likewise, this may contain additional
problems that could be used for homework or tests, or additional
readings that allow students to apply new knowledge and skills in a
different context.
Activity1: (30 items)

1. What are the rights of the worker provided under the Constitution?
Enumerate its benefits to enterprises.
2. Enumerate atleast 3 Classification of employees and explain.
3. Enumerate some mandated benefits of employees.

6. Recommended learning materials and resources for

supplementary reading.

Books:
First Edition 2020 Edition Legal Aspects in Tourism and Hospitality
Danny Araneta Cabulay, Christine Palaflox Carpio- Aldeguer

Mindshapers Co. Inc.

Legal Aspects in Tourism and Hospitality by:
Atty. Kenneth Lloyd G. Dela Cruz
Mario H. Maranan, DPA, LLB
Jovid Maricar D. Maranan
Cristina N. Caluza, MBA

Websites:

7. Flexible Teaching Learning Modality (FTLM) adopted

Online (synchronous)

Facebook page, google classroom, google meet, zoom

meeting,

//module, case study, exercises, problems sets, etc

8. Assessment Task

This allows the students to pull together what they have learned
and the skills they have developed in order to answer the module
question. In this part, students are given Self-assessment Questions
(SAQs) and asked to consider broader aspects of the question, such as
social and economic.
 What is the importance of Maternity and Paternity Leave, Discuss the
two.

(30 points)

9. References (at least 3 references preferably copyrighted within

the last 5 years, alphabetically arranged)

First Edition 2020 Edition Legal Aspects in Tourism and Hospitality

Danny Araneta Cabulay, Christine Palaflox Carpio- Aldeguer

10. Learning Resources

Key readings and other learning materials for students to study, to

learn the key concepts covered in the module.

Learning resources are texts, videos, software, and other materials

that the teacher.

Read more about Top 50 Business Etiquette and Rules at

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