Labor Law 1 Reviewer

LABOR LAW 1
SUGGESTED TEXTBOOK: CA Azucena, The Labor Code with Comments and Cases (Latest Edition) REFERENCES: Samson S. Alcantara, and Samson B. Alcantara Jr., Phili ine Labor and Social Le!islation Annotated "#$% Phili ine Constitution The Labor Code o& the Phili ines and its 'm lementin! (ules ) (e!ulations Pertinent 'nternational *uman (i!hts 'nstruments and 'L+ Con,entions, (ecommendations and Labor-related laws Assi!ned (eadin!s I. INTRODUCTION TO LABOR LAW A. Labor as a Concep ". .eneral Sense Labor h/sical toil althou!h it does not necessaril/ e0clude the a lication o& s1ill, thus there is s1illed and uns1illed labor. S1ill &amiliar 1nowled!e o& an/ art or sciencem united with radiness and de0terit/ in e0ecution or er&ormance or in the a lication o& the art or science to ractical ur oses. 2or1 is broader than labor as wor1 co,ers all &orms o& h/sical or mental e0ertion, or both combined, &or the attainment o& some ob3ect other than recreation or amusement er se. 4. Technical sense 2or1er broader than em lo/ee as wor1ers ma/ re&er to sel&-em lo/ed eo le, and those wor1in! in the ser,ice and under the control o& another, re!ardless o& ran1, title, or nature o& wor1. Em lo/ee salaried erson wor1in! &or another who controls or su er,ises the means, manner or method o& doin! the wor1. B. Labor La! ". 5e&inition Labor le!islaton labor standards 6 labor relations a. b. c. d. consists o& statutes, re!ulations and 3uris rudence !o,ernin! the relations between ca ital and labor b/ ro,idin! &or certain em lo/ment standards and a le!al &ramewor1 &or ne!otiatin!, ad3ustin! and administerin! those standards and other incidents o& em lo/ment.
Labor re#a $ons #a!: which de&ines the status, ri!hts and duties and the institutional mechanisms that !o,ern the indi,idual and collecti,e interactions o& em lo/ers, em lo/ees or their re resentati,es. S+C'AL LE.'SLAT'+8 9S. LAB+( LA2S Social le!islation7 ro,ides articular 1inds o& rotection or bene&its to societ/ or se!ments thereo& in &urtherance o& social 3ustice. Labor laws are necessaril/ social le!islation. But to di&&erentiate, labor laws directl/ a&&ect em lo/ment while social le!islation !o,erns e&&ects o& em lo/ment. Labor laws are social le!islation but not all social le!islation are labor laws. 4. Social Justice, Const., Art. '', Sec. ":; Art. <''', Sec. "-=
Section 10. The State shall promote social justice in all phases of national development. Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. Section 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and selfreliance. A T!C"# $!!! % "A&' Section 3. The State shall afford full protection to labor, local and overseas, organi(ed and unorgani(ed, and promote full employment and equality of employment opportunities for all. !t shall guarantee the rights of all wor)ers to selforgani(ation, collective bargaining and negotiations, and peaceful concerted activities, including the right to stri)e in accordance with law. They shall be entitled to security of tenure, humane conditions of wor), and a living wage. They shall also participate in policy and decision-ma)ing processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between wor)ers 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 wor)ers and employers, recogni(ing 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 e*pansion and growth.
The aim and the reason and, there&ore, 3usti&ication o& labor laws is social 3ustice. the
Labor s an"ar"s7 which sets out the minimum terms, conditions, and bene&its o& em lo/ment that em lo/ers must ro,ide or com l/ with and to which em lo/ees are entitled as a matter o& le!al ri!ht.
JRMSU | College of Law
LAB+( LA2 " (E9'E2E(

Soc$a# %&s $ce: JP Laurel in Calalan! neither communism, nor des otism, nor atomism not anarch/ but the humanization o& laws and the e>ualization o& social and economic &orces b/ the State so that 3ustice in its rational and ob3ecti,el/ secular conce tion ma/ at least be a ro0imated. The romotion o& the wel&are o& all the eo le, the ado tion b/ the .o,ernment o& measures calculated to insure economic stabilit/ o& all the com onent elements o& societ/ throu!h the maintenance o& ro er economic and social e>uilibrium in the interrelations o& the members o& the communit/, constitutionalit/, throu!h the ado tion o& measures le!all/ 3usti&iable, or e0tra-constitutionall/, throu!h the e0ercise o& owers underl/in! the e0istence o& all !o,ernments, on the time-honored rinci le o& salus populi est suprema lex. Labor is the rimar/ social economic &orce, thus the State shall rotect the ri!hts o& wor1ers and romote their wel&are. Cons $ & $ona# R$'( s an" )an"a es The State shall a&&ord &ull rotection to labor and this is &ound in the "#=?, "#%=, and "#$% Consti. The State a&&irms labor as a rimar/ social economic &orce thus, it shall rotect the ri!ht o& the wor1ers and romote their wel&are. Basic ri!hts o& wor1ers !uaranteed b/ the consti7 ". 4. =. @. ?. A. %. (i!ht to or!anize themsel,es Conduct collecti,e bar!ainin! or ne!otiation with mana!ement En!a!e in eace&ul concerted acti,ities, includin! to stri1e in accordance with law En3o/ securit/ o& tenure 2or1 under humane conditions (ecei,e a li,in! wa!e Partici ate in olic/ and decisionma1in! rocesses a&&ectin! their ri!hts and bene&its as ma/ be ro,ided b/ law. (Sec. =, <'''). in the Consti7
a. ("#@:)
5e&initionBBalancin! o& 'nterest Calalan! ,. 2illiams, %: Phil. %4A Soc$a# %&s $ce: JP Laurel in Calalan! neither communism, nor des otism, nor atomism not anarch/ but the humanization o& laws and the e>ualization o& social and economic &orces b/ the State so that 3ustice in its rational and ob3ecti,el/ secular conce tion ma/ at least be a ro0imated. Social 3ustice is the romotion o& the wel&are o& all the eo le, the ado tion b/ the .o,ernment o& measures calculated to insure economic stabilit/ o& all the com onent elements o& societ/ throu!h the maintenance o& ro er economic and social e>uilibrium in the interrelations o& the members o& the communit/, constitutionalit/, throu!h the ado tion o& measures le!all/ 3usti&iable, or e0traconstitutionall/, throu!h the e0ercise o& owers underl/in! the e0istence o& all !o,ernments, on the time-honored rinci le o& salus populi est suprema lex.
Canila Electric Co. ,. Sec. o& Labor, ==% SC(A #: (4:::) 2hen will the CBA ta1e e&&ectD E-o-------------------------------' *-------------------------- CBA e0 iration A months Secretar/ o& Labor ma/ determine the date o& retroacti,it/ as art o& his discretionar/ owers. But this discretionar/ ower shall onl/ be e0ercised onl/ when 3urisdiction has been ,ested. Assailed (esolution7 Article 4A=(!) !i,es the Secretar/ 3urisdiction. CBA ne!otiated within si0 months a&ter the e0 iration o& the e0istin! CBA retroacts to the da/ immediatel/ &ollowin! such date and i& a!reed therea&ter, the e&&ecti,it/ de ends on the a!reement o& the arties. But the law is silent as to the retroacti,it/ o& a CBA arbitral award or that !ranted not b/ ,irtue o& the mutual a!reement o& the arties but b/ inter,ention o& the !o,ernment. 5es ite the silence o& the law, the Court rules herein that CBA arbitral awards !ranted a&ter si0 months &rom the e0 iration o& the last CBA shall retroact to such time a!reed u on b/ both em lo/er and the em lo/ees or their union. Absent such an a!reement as to retroacti,it/, the award shall retroact to the &irst da/ o& the si0-month eriod &ollowin! the e0 iration o& the last da/ o& the CBA should there be one. '8 the absence o& a CBA, the SecFs determination o& the date o& retroacti,it/ as art o& his discretionar/ owers o,er arbitral awards shall control. *eld7 2here an arbitral award is !ranted be/ond si0 months a&ter the e0 iration o& the e0istin! CBA, and there is no a!reement between the arties as to the date o& e&&ecti,it/ thereo&, the arbitral award shall retroact to the &irst da/ a&ter the si0-month eriod &ollowin! the e0 iration o& the last da/ o& the CBA. But instead o& 5ec ", "##? to 8o, =: "##% (CBA had a 4-/ear a licabilit/ eriod), the Court modi&ied it to June ", "##A to Ca/ =", "##$. On soc$a# +&s $ce7 GHTIhis Court cannot i!nore the enormous cost that etitioner will ha,e to bear as a conse>uence o& the &ill retroaction o& the arbitral award to the date o& the e0 ir/ o& the CBA and the ine,itable e&&ect that it would ha,e on the national 5uman B Labor ' B Pro&. Battad B Pa!e 4
+ther ro,isions ")
(i!ht to &orm unions, associations, societies &or ur oses not contrar/ to law. 4) (i!ht to sel& or!anization shall not be denied to !o,ernment em lo/ees. =) (e!ular &armwor1ers shall ha,e the ri!ht to own directl/ or collecti,el/ the lands the/ till. @) The State shall b/ law and &or common !ood, underta1e in coo eration with the ri,ate sector a continuin! ro!ram o& urban land re&orm and housin!. ?) The State shall rotect wor1in! women b/ ro,idin! sa&e and health&ul wor1in! conditions ta1in! into account their maternal &unctions. A) Labor is entitled to seats allotted to art/list re resentati,es %) The State shall romote industrialization and &ull em lo/ment based on sound a!ricultural de,elo ment and a!rarian re&orm. $) Con!ress shall create an a!enc/ to romote the ,iabilit/ and !rowth o& coo erati,es. #) The .o,t shall increase salar/ scales o& the other o&&icials and em lo/ees o& the 8ational .o,ernment. ":) Career ci,il ser,ice em lo/ees shall be entitled to a ro riate se aration a/ and to retirement and other bene&its under e0istin! laws.

econom/. +n the other hand, under the olic/ o& social 3ustice, the law bends o,er bac1ward to accommodate the interests o& the wor1in! class on the humane 3usti&ication that those with less ri,ile!e in li&e should ha,e more in law. Balancin! these two contrastin! interests, this Court turned to the dictates o& &airness and e>uitable 3ustice and thus arri,ed at a &ormula that would address the concerns o& both sides. Thus, Arbitral award must retroact to the &irst da/ AJTE( the si0-month eriod &ollowin! the last da/ o& the CBA. Azucena7 The Consitution has not o,erloo1ed the ri!hts o& ca ital. 't ro,ides that, Gthe State reco!nizes the indis ensable role o& the ri,ate sector, encoura!es ri,ate enter rise, and ro,ides incenti,es to needed in,estments (Art. '', Sec. 4:). 2hile labor is entitled to a 3ust share in the &ruits o& roduction, the enter rise has an e>uall/ im ortant ri!ht not onl/ to reasonable returns on in,estment but also to e0 ansion and !rowth. Shared (es onsibilit/ between wor1ers and em lo/ers Pre&erential use o& ,oluntar/ modes o& settlin! dis utes. a. Joundation7 Protection Police Power and State ,an"a e o- (e Cons $ & $on an" cons $ & es a #e'$ $,a e e*erc$se o- (e po#$ce po!er o- (e S a e. 't is the intention o& the law to co,er as man/ ersons as ossible so as to romote the constitutional ob3ecti,e o& social 3ustice. Com ulsor/ co,era!e o& the em lo/er shall ta1e e&&ect on the &irst da/ o& his o eration, and that o& the em lo/ee on the date o& his em lo/ment ((A ""A" as amended b/ (A 4A?$). The two /ear rescri tion o& the rior law must be considered re,ailed o,er b/ the later law and moreo,er, the le!islati,e intent must be !i,en e&&ect. c. ("#$$) PL5T em lo/ee romised to &acilitate the a ro,al o& the com lainantsF a lications &or tele hone installation and then recei,ed &rom them an amount o& mone/ in consideration o& her romise. The rule embodied in the Labor Code is that a erson dismissed &or cause as de&ined therein is not entitled to se aration a/. The cases abo,ecited (where di&&erent cases were cited ro,in! that some com anies still allowed se aration a/ des ite the de!ree o& the !round u on which the em lo/ees were bein! dismissed &or) constitute the e0ce tion, based u on considerations o& e>uit/. E>uit/ has been de&ined as 3ustice outside law, bein! ethical rather than 3ural and belon!in! to the s here o& morals than o& law. 't is !rounded on the rece ts o& conscience and not on an/ sanction o& ositi,e law. *ence, it cannot re,ail a!ainst the e0 ressed ro,ision o& the labor laws allowin! dismissal o& em lo/ees &or cause and without an/ ro,ision &or se aration a/. Se aration a/ shall be allowed as a measure o& social 3ustice onl/ in those instances where the em lo/ee is calidl/ dismissed &or causes other than serious misconduct or those re&lectin! on his moral character. 2here the reason &or the ,alid dismissal is, &or e0am le, habitual into0ication or an o&&ense in,ol,in! moral tur itude, li&e the&t or illicit se0ual relations with a &ellow wor1er, the em lo/er ma/ not be re>uired to !i,e the dismissed em lo/ee se aration a/ or &inancial assistance, or whate,er other name it is called on the !round o& social 3ustice. The olic/ o& social 3ustice is not intended to countenance wron!doin! sim l/ because it is committed b/ the under ri,ile!ed. At best it ma/ miti!ate the enalt/ but it certainl/ will not condone the o&&ense. Com assion &or the oor is an im erati,e o& e,er/ humane societ/ but onl/ when the reci ient is not a rascal claimin! an underser,ed ri,ile!e. Social 3ustice cannot be ermitted to be re&u!e o& scoundrels an/ more than can e>uit/ be an im ediment to the unishment o& the !uilt/. Those who in,o1e social 3usti,e ma/ do so onl/ i& their hands are clean and their moti,es blameless and not sim l/ because the/ ha en to be oor. (4::@) Em lo/ees were claimin! ille!al dismissal. Em lo/er was assertin! that there was abandonment. Abandonment is the deliberate and un3usti&ied re&usal o& an em lo/ee to resume his em lo/ment. 't is a &orm o& ne!lect o& dut/, hence, a 3ust cause &or 5uman B Labor ' B Pro&. Battad B Pa!e = A!abon ,. 8L(C, @@4 SC(A ?%= Limits o& Kse PL5T ,. 8L(C, "A@ SC(A A%"
2hile social 3ustice is the raison dFetre o& labor laws, their basis or &oundation is the olice ower o& the State. a. b. State le!islatures ma/ enact laws &or the rotection o& the sa&et/ and health o& em lo/ees. (i!ht o& e,er/ erson to ursue a business, occu ation, or ro&ession is sub3ect to the aramount ri!ht o& the !o,ernment as a art o& its olice ower to im ose such restrictions and re!ulations as the rotection o& the ublic ma/ re>uire. li!ht o& the
Le!al Classi&ication7 (discussed in sus ension o& de lo/ment o& women) a. b. c. d. b.
such classi&ication rest on substantial distinctions the/ are !ermane to the ur ose o& the law the/ are not con&ined to e0istin! conditions the/ a l/ e>uall/ to all members o& the same class
Joundation7 Police Power and State Protection CCS Estate, 'nc. ,. Social Securit/ S/stem, "=4 SC(A ":$ ("#$@) The case o& two businesses, one was in real estate and the other was in the lo!!in! business. +ne owner was demandin! &or a re&und &rom SSS and it re&used to subscribe the em lo/ees o& the 4nd business to SSS because the business has not been in o eration &or 4 /ears (which was the re>uirement o& the law) /et. The Social Securit/ Law was enacted ursuant to the olic/ o& the !o,ernment Gto de,elo , establish !raduall/ and er&ect a social securit/ s/stem which shall be suitable to the needs o& the eo le throu!hout the Phili ines, and shall ro,ide rotection a!ainst the hazards o& disabilit/, sic1ness, old a!e and death. I $s (&s c#ear (a sa$" enac ,en $,p#e,en s (e 'enera# !e#-are

termination o& em lo/ment b/ the em lo/er. Jor a ,alid &indin! o& abandonment7 (") &ailure to re ort &or wor1 or absence without ,alid or 3usti&iable reason (4) clear intention to ser,er em lo/er-em lo/ee relationshi with the second as the more determinati,e &actor which is mani&ested b/ o,ert acts &rom which it ma/ be deduced that the em lo/ees has no more intention to wor1. Wenp($# or Be#a e" D&e .rocess R&#e: where the em lo/er had a ,alid reason to dismiss an em lo/ee but did not &ollow the due rocess re>uirement, the dismissal ma/ be u held but the em lo/er will be enalized to a/ an indemnit/ to the em lo/ee. But this was re-e0amined in Serrano case wherein the Court re>uired that the em lo/er a/ the &ull bac1wa!es &rom the time o& dismissal until the time the Court &inds the dismissal was &or a 3ust or authorized cause. 't was because o& a si!ni&icant number o& cases in,ol,in! dismissals without re>uisite notices. 'n A!abon, the Court abandoned Serrano and &ollowed 2en hil onl/ that the sanctions im osed on the em lo/er must be sti&&er than those in 2en hil. An em lo/ee who is clearl/ !uilt/ o& conduct ,iolati,e o& Article 4$4 should not be rotected b/ the Social Justice Clause o& the Constitution. Social 3ustice, as the terms su!!ests, should be used onl/ to correct an in3ustice. JP Laurel, in Calalan!7 social 3ustice must be &ounded on the reco!nition o& the necessit/ o& interde endence amon! di,erse units o& a societ/ and o& the rotection that should be e>uall/ and e,enl/ e0tended to all !rou s as a combined &orc e in our social and economic li&e, consistent with the &undamental and aramount ob3ecti,e o& the state o& romotin! the health, com&ort and >uiet o& all erson, and o& brin!in! about (e 'rea es 'oo" o (e 'rea es n&,ber. Social 3ustice is not based on ri!id &ormulas set in stone. 't has to allow &or chan!in! times and circumstances. ?. Le!al Basis a. 'nternational Con,entions 'nternational School Alliance o& Luisumbin!, === SC(A "= (4:::) Educators ,. b. The Con,ention a!ainst 5iscrimination in Education The Con,ention Concernin! 5iscrimination in (es ect o& Em lo/ment and +ccu ation
Centioned in the case7 Bar'a$n$n' Un$ : is a !rou o& em lo/ees o& a !i,en em lo/er, com rised o& all or less than all o& the entire bod/ o& em lo/ees, consistent with e>uit/ to the em lo/er indicate to be the best suited to ser,e the reci rocal ri!hts and duties o& the arties under the collecti,e bar!ainin! ro,isions o& the law. The &actors determinin! the a ro riate collecti,e bar!ainin! unit are7 (") the will o& the em lo/ees (4) a&&init/ and unit/ o& the em lo/eesF interest, such as substantial similarit/ o& wor1 and duties, or similarit/ o& com ensation and wor1in! conditions (=) rior collecti,e bar!ainin! histor/ (@) similarit/ o& em lo/ment status. "#$% Constitution, Art. '', Secs. ?, #, ":, "=, "@, "$; Art. <''', Secs. ", =, "@
ART. II Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recogni(es the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 18. The State affirms labor as a primary social economic force. !t shall protect the rights of wor)ers and promote their welfare. Art. XIII Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. Section 3. The State shall afford full protection to labor, local and overseas, organi(ed and
5uman B Labor ' B Pro&. Battad B Pa!e @
Jorei!ner teachers were !i,en more bene&its than the local teachers. 'nternational law, which s rin!s &rom !eneral rinci le o& law, li1ewise roscribes discrimination. .eneral rinci les o& law include rinci les o& e>uit/ i.e the !eneral rinci les o& &airness and 3ustice, based on the test o& what is reasonable. The &ollowin! embod/ the !eneral rinci le a!ainst discrimination, the ,er/ antithesis o& &airness and 3ustice. Kni,ersal 5eclaration o& *uman (i!hts The 'nternational Co,enant on Economic, Social, and Cultural (i!hts The 'nternational Con,ention on the Elimination o& All Jorms o& (acial 5iscrimination

unorgani(ed, and promote full employment and equality of employment opportunities for all. !t shall guarantee the rights of all wor)ers to selforgani(ation, collective bargaining and negotiations, and peaceful concerted activities, including the right to stri)e in accordance with law. They shall be entitled to security of tenure, humane conditions of wor), and a living wage. They shall also participate in policy and decision-ma)ing processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between wor)ers 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 wor)ers and employers, recogni(ing 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 e*pansion and growth. Section 14. The State shall protect wor)ing women by providing safe and healthful wor)ing conditions, ta)ing into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to reali(e their full potential in the service of the nation.
See also7 "#=? Const., Art. <'9, Sec., A; "#%= Const., Art. '', Sec. # 1/01 Cons $ & $on2 Ar . XI32 Sec. 4 c.
Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, stri)es and loc)outs, closed shop, wages, wor)ing conditions, hours of labor and similar subjects. Art. 1701. +either capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.
A. Sources o& Law a. b. Labor Code and (elated ('m lementin! (ules) S ecial Le!islation
Contract M Art. "=:?-"=:A, 8ew Ci,il Code
Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. ,-./0a1 Art. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. ,-.//a1
Collecti,e Bar!ainin! A!reement 5+LE Phils. ,. Pawis n! Ca1aba/an! +brero, =#? SC(A ""4 (4::=) 'nter retation o& the &ree meals ro,ision in the CBA. 's it a&ter the em lo/ee has wor1ed onl/ a&ter more than three hours o& wor1 or those who ha,e rendered e0actl/ three hours o& o,ertime wor1D The dis uted ro,ision o& the CBA is clear and unambi!uous. The terms o& the CBA is not susce tible to an/ other inter retation. *ence the literal meanin! o& G&ree meals a&ter three (=) hours o& o,ertime wor1N shall re,ail, which is sim l/ that an em lo/ee shall be entitled to a &ree meal i& he has rendered e0actl/, or no less than, three hours o& o,ertime wor1, not Ga&ter more thanN or Gin e0cess o&N three hours o,ertime wor1. Jound in the case7 Cana!ement rero!ati,e7 The e0ercise o& mana!ement rero!ati,e is not unlimited. 't is sub3ect to the limitations &ound in law, a collecti,e bar!ainin! a!reement or the !eneral rinci les o& &air la/ and 3ustice. This situation constitutes one o& the limitations. The CBA is the norm o& conduct between the etitioner and ri,ate res ondent and com liance therewith is mandated b/ the e0 ress olic/ o& the law. d. Past Practices 5a,ao Jruits Cor oration Associated labor Knion, 44? SC(A ?A4 ("##=) ,.
Section 6. The State shall afford protection to labor, especially to wor)ing women, and minors, and shall regulate the relations between the landowner and tenant, and between labor and capital in industry and in agriculture. The State may provide for compulsory arbitration.
"#%= Const. Art. '', Sec. #
Section 9. The State shall afford protection to labor, promote full employment and equality in employment, ensure equal wor) opportunities regardless of se*, race, or creed, and regulate the relation between wor)ers and employers. The State shall assure the rights of wor)ers to self-organi(ation, collective bargaining, security of tenure, and just and humane conditions of wor). The State may provide for compulsory arbitration.
c. d. Labor Code (LC) and +mnibus (ules 'm lementin! the Labor Code 8ew Ci,il Code o& the Phili "%::-"%:" ines (8CC), Arts. "#, 4",
Art. 19. #very person must, in the e*ercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
'ssue7 2+8 in the com utation o& the "= th month a/ !i,en b/ em lo/ers to their em lo/ees under P5 $?", a/ments &or sic1, ,acation and maternit/ lea,es, remiums &or wor1 done rest da/s and s ecial holida/s and a/ &or re!ular holida/s ma/ be e0cluded in the com utation and a/ment thereo&, re!ardless o& lon!-standin! com an/ ractice. 5uman B Labor ' B Pro&. Battad B Pa!e ?

A co,pan5 prac $ce -a6orab#e o (e e,p#o5ees (a" $n"ee" been es ab#$s(e" an" (e pa5,en s ,a"e p&rs&an (ere o2 r$pene" $n o bene-$ s en+o5e" b5 (e,. An" an5 bene-$ an" s&pp#e,en be$n' en+o5e" b5 (e e,p#o5ees canno be re"&ce"2 "$,$n$s(e"2 "$scon $n&e" or e#$,$na e" b5 (e e,p#o5er2 b5 6$r &e o- Sec 17 o- (e R&#es an" Re'&#a $ons I,p#e,en $n' .D 811 an" Ar 177 o- (e Labor Co"e !($c( pro($b$ (e "$,$n& $on or e#$,$na $on b (e e,p#o5er o- (e e,p#o5ees9 e*$s $n' bene-$ s. The considerable len!th o& time the >uestioned items had been included b/ etitioner indicates a unilateral and ,oluntar/ act on its art, su&&icient in itsel& to ne!ate an/ claim o& mista1e. Samahan! Can!!a!awa sa To Jorm Canu&acturin!Knited 2or1ers o& the Phil. (SCTJC-K2P ,. 8L(C, 4#? SC(A "%" ("##$) The case wherein the em lo/er was char!ed as ha,in! committed an un&air labor ractice b/ bar!ainin! in bad &aith and discriminatin! a!ainst in em lo/ees b/ romisin! at a collecti,e bar!ainin! con&erence to im lement an/ !o,ernment-mandated wa!e increases on an across-the-board basis. Past romises which were written in the minutes o& the meetin!. The ro osal was ne,er embodied in the CBA, thus, the romise remained 3ust that, a romise, the im lementation which cannot be ,alidl/ demanded under the law. The law ro,ides remedies to the etitioner union to com el ri, res to incor orate this s eci&ic economic ro osal in the CBA, which the/ did not do. The CBA is the law between the contractin! artiesO the collecti,e bar!ainin! re resentati,e and the em lo/er-com an/. Com liance with a CBA is mandated b/ the e0 ressed olic/ to !i,e rotection to labor. 'n the same ,ein, CBA ro,ision should be Gconstrued liberall/ rather than narrowl/ and technicall/, and the courts must lace a ractical and realistic construction u on it, !i,in! due consideration to the conte0t in which it is ne!otiated and ur ose which it is intended to ser,e. This is &ounded on the dictum that a CBA is not an ordinar/ contract but one im ressed with ublic interest. 't !oes without sa/in!, howe,er, that onl/ ro,isions embodied in the CBA should be so inter reted and com lied with. 8o bene&its or ri,ile!es re,iousl/ en3o/ed b/ etitioner union and the other em lo/ees were withdrawn as a result o& the manner b/ which ri,ate res im lemented the wa!e orders. 't is critical that a determination must be &irst made whether the bene&itsBentitlements are in the nature o& a bonus or not, and assumin! the/ are so, whether the/ are demandable and en&orceable obli!ations. Bon&s: is an amount !ranted and aid to an em lo/ee &or his industr/ and lo/alt/ which contributed to the success o& the em lo/erFs business and made ossible the realization o& ro&its. 't is an act o& !enerosit/ !ranted b/ an enli!htened em lo/er to s ur the em lo/ee to !reater e&&orts &or the success o& the business and realization o& bi!!er ro&its. The !rantin! o& a bonus is a mana!ement rero!ati,e, somethin! !i,en in addition to what is ordinaril/ recei,ed b/ or strictl/ due the reci ient. Thus, a bonus is not a demandable and en&orceable obli!ation, e0ce t when it is made art o& the wa!e, salar/ or com ensation o& the em lo/ee. 'ssue7 2+8 these bonuses can be considered art o& the wa!e or salar/ or com ensation ma1in! them en&orceable obli!ations. *eld7 8o. Jor a bonus to be en&orceable, it must ha,e been romised b/ the em lo/er and e0 ressl/ a!reed u on b/ the arties or it must ha,e had a &i0ed amount and had been a lon! and re!ular ractice on the art o& the em lo/er. The bene&itsBentitlements in >uestion were ne,er sub3ects o& an/ e0 ress a!reement between the arties. The/ were ne,er incor orated in the CBA. As obser,ed b/ the 9A, the records re,eal that these bene&itsBentitlements ha,e not been sub3ects o& an/ e0 ress a!reement between the union and the com an/, and ha,e not /et been incor orated in the CBA. 5owntrend was clear in the ser,ice award amount and the artiesF ,enue were chan!ed &rom aid ,enues to one which was &ree o& char!e. To be cons$"ere" a :re'&#ar prac $ce;2 (e '$6$n' o- (e bon&s s(o&#" (a6e been "one o6er a #on' per$o" o- $,e2 an" ,&s be s(o!n o (a6e been cons$s en an" "e#$bera e. e. Com an/ Policies China Ban1in! Cor oration ,. Borromeo, @@: SC(A A4" (4::@) The case o& a mana!er who was consistentl/ romoted because o& a hi!hl/ satis&actor/ er&ormance which landed him at the A9P s ot onl/ to &ind out that he has done irre!ularities in a ro,in! se,eral 5AK5BBP in &a,or o& one Caniwan. The Ban1Fs S+P ro,ides a restitutionB&or&eiture o& bene&its ro,ision. 't is well reco!nized that com an/ olicies and re!ulations are, unless shown to be !rossl/ o ressi,e or contrar/ to law, !enerall/ bindin!, and ,alid on the arties and must be com lied with until &inall/ re,ised or amended unilaterall/ or re&erabl/ throu!h ne!otiation or b/ com etent authorit/. Coreo,er, mana!ement has the rero!ati,e to disci line its em lo/ees and to im ose a ro riate enalties on errin! wor1ers ursuant to com an/ rules and re!ulations. 2ith more reason should these truisms a l/ to the res ondent, who, b/ reason o& his osition, was re>uired to act 3udiciousl/ and to e0ercise his authorit/ in harmon/ with com an/ olicies. Business enter rises ha,e a rero!ati,e to disci line its em lo/ees and to im ose a ro riate enalties 5uman B Labor ' B Pro&. Battad B Pa!e A
American 2ire and Cable 5ail/ rated Em lo/ees Knion American 2ire and Cable co., 'nc., @?% SC(A A$@ (4::?) The com an/ suddenl/ withdrew and denied certain bene&its and entitlements which the em lo/ees ha,e lon! en3o/ed li1e ser,ice awards, =?P remium a/ o& an em lo/eeFs basic a/ &or wor1 rendered durin! *ol/ Conda/, Tuesda/, 2ednesda/, 5ecember 4=, 4A, 4%, 4$, and 4#, Christmas Part/ and Promotional 'ncreases.

on errin! wor1ers ursuant to com an/ rules and re!ulations which must be res ected. The law, in rotectin! the ri!hts o& labor, authorized neither o ression nor sel&-destruction o& an em lo/er com an/ which itsel& is ossessed o& ri!hts that must be entitled to reco!nition and res ect. %. Classi&ication a. b. c. Labor Standards Labor (elations 2el&are Le!islation II. A. B. LABOR CODE OF T<E .<ILI..INES
Br$e- <$s or5 Genera# .ro6$s$ons ". ". 5ecree Title, Art. "
A T!C"# -. Name of Decree. - This 2ecree shall be )nown as the "Labor Code of the Philippines".
4. E&&ecti,it/, Art. 4
.)C Phili ines, 'nc. ,. (omil Cuambot, .( 8o. "A4=:$, 8o,. 44, 4::A
A T. .. Date of effectivity. - This Code shall ta)e effect si* ,31 months after its promulgation.
=. Polic/ 5eclaration, Art. =
A T. 4. Declaration of basic policy. - The State shall afford protection to labor, promote full employment, ensure equal wor) opportunities regardless of se*, race or creed and regulate the relations between wor)ers and employers. The State shall assure the rights of wor)ers to selforgani(ation, collective bargaining, security of tenure, and just and humane conditions of wor).
@. Construction in Ja,or o& Labor, Art. @
A T. 0. Construction in favor of labor. - All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
?@ ("###) Salinas Jr. ,. 8L(C, ="# SC(A
4.
(ule Ca1in! Power, Art. ?
A T. /. Rules and regulations. - The 2epartment of "abor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective fifteen ,-/1 days after announcement of their adoption in newspapers of general circulation.
SC(A 4A% (4::=)
(e/es ,. Court o& A
eals, @:# Qa isanan n! m!a Can!!a!awan! Pina!/a1a ,. 8L(C, "?4 SC(A A ("#$%) 5uman B Labor ' B Pro&. Battad B Pa!e %

A T. 3. Applicability. - All rights and benefits granted to wor)ers under this Code shall, e*cept as may otherwise be provided herein, apply ali)e to all wor)ers, whether agricultural or non-agricultural. ,As amended by 5residential 2ecree +o. /67-A, +ovember -, -8601. A T. .63. overnment employees. - The terms and conditions of employment of all government employees, including employees of governmentowned and controlled corporations, shall be governed by the Civil Service "aw, rules and regulations. Their salaries shall be standardi(ed by the +ational Assembly as provided for in the +ew Constitution. 9owever, there shall be no reduction of e*isting wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code.
Cons $ & $on2 Ar . IX=B2 Sec. >?1@ =. Technical (ules 8ot Bindin!, Art. 44"
A T. ..-. Technical rules not binding and prior resort to amicable settlement. - !n any proceeding before the Commission or any of the "abor Arbiters, the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Code that the Commission and its members and the "abor Arbiters shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the interest of due process. !n any proceeding before the Commission or any "abor Arbiter, the parties may be represented by legal counsel but it shall be the duty of the Chairman, any 5residing Commissioner or Commissioner or any "abor Arbiter to e*ercise complete control of the proceedings at all stages.
*untin!ton Steel Products, 'nc. ,. 8L(C, @@4 SC(A ??" (4::@)
Section 2. branches, agencies of owned or charters.

?.
(1) The civil service embraces all subdivisions, instrumentalities, and the :overnment, including governmentcontrolled corporations with original
En&orcement and Sanctions M Arts. 4"% (a) (4), (=), (@), (A); "4$-"4#; 4$$-4#4; Consti., Art ''', Secs. "" and "A
A T. .-6. !urisdiction of the Labor Arbiters and the Commission. - ,a1 #*cept as otherwise provided under this Code, the "abor Arbiters shall have original and e*clusive jurisdiction to hear and decide, within thirty ,471 calendar days after the submission of the case by the parties for decision without e*tension, even in the absence of stenographic notes, the following cases involving all wor)ers, whether agricultural or non-agricultural;
.. Termination disputes< 4. !f accompanied with a claim for reinstatement, those cases that wor)ers may file involving wages, rates of pay, hours of wor) and other terms and conditions of employment< 0. Claims for actual, moral, e*emplary and other forms of damages arising from the employer-employee relations< 3. #*cept claims for #mployees Compensation, Social Security, =edicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount e*ceeding five thousand pesos ,5/,777.771 regardless of whether accompanied with a claim for reinstatement. A T. -.>. "isitorial and enforcement po#er. - ,a1 The Secretary of "abor and #mployment or his duly authori(ed representatives, including labor regulation officers, shall have access to employer?s records and premises at any time of the day or night whenever wor) is being underta)en therein, and the right to
5uman B Labor ' B Pro&. Battad B Pa!e $
@.
A licabilit/, Art. A, 4%A; Constitution, Art. '<-B, Sec. 4(")

copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. ,b1 +otwithstanding the provisions of Articles -.8 and .-6 of this Code to the contrary, and in cases where the relationship of employer-employee still e*ists, the Secretary of "abor and #mployment or his duly authori(ed representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authori(ed representatives shall issue writs of e*ecution to the appropriate authority for the enforcement of their orders, e*cept in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection. ,As amended by epublic Act +o. 6647, @une ., -8801. An order issued by the duly authori(ed representative of the Secretary of "abor and #mployment under this Article may be appealed to the latter. !n case said order involves a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Secretary of "abor and #mployment in the amount equivalent to the monetary award in the order appealed from. ,As amended by epublic Act +o. 6647, @une ., -8801. ,c1 The Secretary of "abor and #mployment may li)ewise order stoppage of wor) or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of wor)ers in the wor)place. Aithin twenty-four hours, a hearing shall be conducted to determine whether an order for the stoppage of wor) or suspension of operations shall be lifted or not. !n case the violation is attributable to the fault of the employer, he shall pay the employees concerned their salaries or wages during the period of such stoppage of wor) or suspension of operation. ,d1 !t shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of "abor and #mployment or his duly authori(ed representatives issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders issued in accordance with this Article. ,e1 Any government employee found guilty of violation of, or abuse of authority, under this Article shall, after appropriate administrative investigation, be subject to summary dismissal from the service. ,f1 The Secretary of "abor and #mployment may, by appropriate regulations, require employers to )eep and maintain such employment records as may be necessary in aid of his visitorial and enforcement powers under this Code. A T. -.8. Recovery of #ages$ simple money claims and other benefits. - Bpon complaint of any interested party, the egional 2irector of the 2epartment of "abor and #mployment or any of the duly authori(ed hearing officers of the 2epartment is empowered, through summary proceeding and after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and benefits, including legal interest, owing to an employee or person employed in domestic or household service or househelper under this Code, arising from employeremployee relations; 5rovided, That such complaint does not include a claim for reinstatement; 5rovided further, That the aggregate money claims of each employee or househelper does not e*ceed Cive thousand pesos ,5/,777.771. The egional 2irector or hearing officer shall decide or resolve the complaint within thirty ,471 calendar days from the date of the filing of the same. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held in a special deposit account by, and shall be paid on order of, the Secretary of "abor and #mployment or the egional 2irector directly to the employee or househelper concerned. Any such sum not paid to the employee or househelper because he cannot be located after diligent and reasonable effort to locate him within a period of three ,41 years, shall be held as a special fund of the 2epartment of "abor and #mployment to be used e*clusively for the amelioration and benefit of wor)ers. Any decision or resolution of the egional 2irector or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article ..4 of this Code, within five ,/1 calendar days from receipt of a copy of said decision or resolution, to the +ational "abor elations Commission which shall resolve the appeal within ten ,-71 calendar days from the submission of the last pleading required or allowed under its rules. The Secretary of "abor and #mployment or his duly authori(ed representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. ,As amended by Section ., epublic Act +o. 36-/, =arch .-, -8>81. A T. .>>. Penalties. - #*cept as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an e*isting collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than 'ne Thousand 5esos ,5-,777.771 nor more than Ten Thousand 5esos ,5-7,777.771 or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court.
5uman B Labor ' B Pro&. Battad B Pa!e #

!n addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence. Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the =unicipal or City Courts and the Courts of Cirst !nstance. ,As amended by Section 4, &atas 5ambansa &ilang 671. A T. .>8. %ho are liable #hen committed by other than natural person. - !f the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity. Title !! 5 #SC !5T!'+ 'C 'CC#+S#S A+2 C"A!=S A T. .87. &ffenses. - 'ffenses penali(ed under this Code and the rules and regulations issued pursuant thereto shall prescribe in three ,41 years. All unfair labor practice arising from &oo) D shall be filed with the appropriate agency within one ,-1 year from accrual of such unfair labor practice< otherwise, they shall be forever barred. A T. .8-. 'oney claims. - All money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed within three ,41 years from the time the cause of action accrued< otherwise they shall be forever barred. All money claims accruing prior to the effectivity of this Code shall be filed with the appropriate entities established under this Code within one ,-1 year from the date of effectivity, and shall be processed or determined in accordance with the implementing rules and regulations of the Code< otherwise, they shall be forever barred. Aor)men?s compensation claims accruing prior to the effectivity of this Code and during the period from +ovember -, -860 up to 2ecember 4-, -860, shall be filed with the appropriate regional offices of the 2epartment of "abor not later than =arch 4-, -86/< otherwise, they shall forever be barred. The claims shall be processed and adjudicated in accordance with the law and rules at the time their causes of action accrued. A T. .8.. (nstitution of money claims. - =oney claims specified in the immediately preceding Article shall be filed before the appropriate entity independently of the criminal action that may be instituted in the proper courts. 5ending the final determination of the merits of money claims filed with the appropriate entity, no civil action arising from the same cause of action shall be filed with any court. This provision shall not apply to employees compensation case which shall be processed and determined strictly in accordance with the pertinent provisions of this Code.
ART. III, SEC. 11 AN 16, C!NSTIT"TI!N Section 11. Cree access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
C. WorA Re#a $ons($p ". Em lo/er and Em lo/ee (elationshi a. 5e&inition o& Em lo/er and Em lo/ee, Arts. #% (a) (b) (c), "A% (&) (!) (h), 4"4 (e) (&)
A T. 86. Definitions. - As used in this Title; ,a1 "Person" means an individual, partnership, association, corporation, business trust, legal representatives, or any organi(ed group of persons. ,b1 ")mployer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as non-profit private institutions, or organi(ations. ,c1 ")mployee" includes employed by an employer. any individual
Art. -36. 2efinition of Terms.EAs used in this Title, unless the conte*t indicates otherwise; ,f1 F#mployerG means any person, natural or juridical, employing the services of the employee. ,g1 F#mployeeG means any person compulsorily covered by the :S!S under Commonwealth Act +umbered 'ne hundred eighty-si*, as amended, including the members of the Armed Corces of the 5hilippines, and any person employed as casual, emergency, temporary, substitute or contractual, or any person compulsorily covered by the SSS under epublic Act +umbered #leven hundred si*ty-one, as amended. ,h1 F5ersonG means any individual, partnership, firm, association, trust, corporation or legal representative thereof. Art. .-.. ,e1 ")mployer" includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organi(ation or any of its officers or agents e*cept when acting as employer.
5uman B Labor ' B Pro&. Battad B Pa!e ":

,f1 ")mployee" includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so e*plicitly states. !t shall include any individual whose wor) has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.
b. JactorsBTests (u!a ,. 8L(C, "$" SC(A @=% ("##:)
9icente S/ ,. Court o& A SC(A =:" (4::=)
eals, =#$
Cha,ez ,. 8L(C, @@$ SC(A @%$ (4::?)
Per etual *el Credit ,. Jaburada et al., =AA SC(A A#= (4::")
5uman B Labor ' B Pro&. Battad B Pa!e ""
An!elina Jrancisco ,. 8L(C, et al., .( 8o. "%::$%, Au!. =", 4::A
4.
'nde endent Contractor and Labor-onl/ Contractor, Art. ":A-":%, ":#; 5+ 8o. "$-:4, S 4::4
A T. -73. Contractor or subcontractor. - Ahenever an employer enters into a contract with another person for the performance of the former?s wor), the employees of the contractor and of the latter?s subcontractor, if any, shall be paid in accordance with the provisions of this Code. !n the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the e*tent of the wor) performed under the contract, in the same manner and e*tent that he is liable to employees directly employed by him. The Secretary of "abor and #mployment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of wor)ers established under this Code. !n so prohibiting or restricting, he may ma)e appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of any provision of this Code. There is "labor*only" contracting where the person supplying wor)ers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, wor) premises, among others, and the wor)ers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. !n such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the wor)ers in the same manner and e*tent as if the latter were directly employed by him. A T. -76. (ndirect employer. - The provisions of the immediately preceding article shall li)ewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any wor), tas), job or project. E#ART$ENT !R ER N!. 18 % 02 (Serie& o' 2002) . . R"(ES I$#(E$ENTIN) ARTIC(ES 106 T! 109 !* T+E (A,!R C! E, AS A$EN E . . ,- .irt/e o' t0e 1o2er .e&te3 in t0e Secret4r- o' (45or 4n3 E617o-6ent /n3er Artic7e& 5 (R/7e% 648in9) 4n3 106 (Contr4ctor or S/5contr4ctor) o' t0e (45or Co3e o' t0e #0i7i11ine&, 4& 46en3e3, t0e 'o77o2in9 re9/74tion& 9o.ernin9 contr4ctin9
5uman B Labor ' B Pro&. Battad B Pa!e "4
c.
Piercin! the Cor orate 9eil Pam lona Plantatin Co., 'nc. ,. Tin!hil, @?: SC(A @4" (4::?)

4n3 &/5contr4ctin9 4rr4n9e6ent& 4re 0ere5i&&/e3: Section 1. Guiding principles. % Contr4ctin9 4n3 &/5contr4ctin9 4rr4n9e6ent& 4re e;1re&&7477o2e3 5- 742 4n3 4re &/5<ect to re9/74tion 'or t0e 1ro6otion o' e617o-6ent 4n3 t0e o5&er.4nce o' t0e ri90t& o' 2or8er& to </&t 4n3 0/64ne con3ition& o' 2or8, &ec/rit- o' ten/re, &e7'% or94ni=4tion, 4n3 co77ecti.e 54r94inin9. (45or% on7- contr4ctin9 4& 3e'ine3 0erein &0477 5e 1ro0i5ite3. Section 2 . Coverage. % T0e&e R/7e& &0477 4117- to 477 14rtie& o' contr4ctin9 4n3 &/5contr4ctin9 4rr4n9e6ent& 20ere e617o-er%e617o-ee re74tion&0i1 e;i&t&. #74ce6ent 4cti.itie& t0ro/90 1ri.4te recr/it6ent 4n3 174ce6ent 49encie& 4& 9o.erne3 5- Artic7e& 25 to 39 o' t0e (45or Co3e 4re not co.ere3 5- t0e&e R/7e&. Section 3. Trilateral Relationship in Contracting Arrangements. - In 7e9iti64te contr4ctin9, t0ere e;i&t& 4 tri74ter47 re74tion&0i1 /n3er 20ic0 t0ere i& 4 contr4ct 'or 4 &1eci'ic <o5, 2or8 or &er.ice 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, 4n3 4 contr4ct o' e617o-6ent 5et2een t0e contr4ctor or &/5contr4ctor 4n3 it& 2or8er&. +ence, t0ere 4re t0ree 14rtie& in.o7.e3 in t0e&e 4rr4n9e6ent&, t0e 1rinci147 20ic0 3eci3e& to '4r6 o/t 4 <o5 or &er.ice to 4 contr4ctor or &/5contr4ctor, t0e contr4ctor or &/5contr4ctor 20ic0 04& t0e c414cit- to in3e1en3ent7/n3ert48e t0e 1er'or64nce o' t0e <o5, 2or8 or &er.ice, 4n3 t0e contr4ct/47 2or8er& en949e3 5t0e contr4ctor or &/5contr4ctor to 4cco617i&0 t0e <o5 2or8 or &er.ice. Section 4. Definition of Basic Terms. % T0e 'o77o2in9 ter6& 4& /&e3 in t0e&e R/7e&, &0477 6e4n: (4) "Contracting" or "subcontracting" re'er& to 4n 4rr4n9e6ent 20ere5- 4 1rinci147 49ree& to 1/t o/t or '4r6 o/t 2it0 4 contr4ctor or &/5contr4ctor t0e 1er'or64nce or co617etion o' 4 &1eci'ic <o5, 2or8 or &er.ice 2it0in 4 3e'inite or 1re3eter6ine3 1erio3, re94r37e&& o' 20et0er &/c0 <o5, 2or8 or &er.ice i& to 5e 1er'or6e3 or co617ete3 2it0in or o/t&i3e t0e 1re6i&e& o' t0e 1rinci147. (5) "Contractor or subcontractor" re'er& to 4n1er&on or entit- en949e3 in 4 7e9iti64te contr4ctin9 or &/5contr4ctin9 4rr4n9e6ent. (c) "Contractual employee" inc7/3e& one e617o-e3 5- 4 contr4ctor or &/5contr4ctor to 1er'or6 or co617ete 4 <o5, 2or8 or &er.ice 1/r&/4nt to 4n 4rr4n9e6ent 5et2een t0e 74tter 4n3 4 1rinci147. (3) " rincipal" re'er& to 4n- e617o-er 20o 1/t& o/t or '4r6& o/t 4 <o5, &er.ice or 2or8 to 4 contr4ctor or &/5contr4ctor. Section 5. rohibition against labor-only contracting. - (45or%on7- contr4ctin9 i& 0ere53ec74re3 1ro0i5ite3. *or t0i& 1/r1o&e, 745or%on7contr4ctin9 &0477 re'er to 4n 4rr4n9e6ent 20ere t0e contr4ctor or &/5contr4ctor 6ere7- recr/it&, &/117ie& or 174ce& 2or8er& to 1er'or6 4 <o5, 2or8 or &er.ice 'or 4 1rinci147, 4n3 4n- o' t0e 'o77o2in9 e7e6ent& 4re 1re&ent: (i) T0e contr4ctor or &/5contr4ctor 3oe& not 04.e &/5&t4nti47 c41it47 or in.e&t6ent 20ic0 re74te& to t0e <o5, 2or8 or &er.ice to 5e 1er'or6e3 4n3 t0e e617o-ee& recr/ite3, &/117ie3 or 174ce3 5- &/c0 contr4ctor or &/5contr4ctor 4re 1er'or6in9 4cti.itie& 20ic0 4re 3irect7- re74te3 to t0e 64in 5/&ine&& o' t0e 1rinci147> or (ii) t0e contr4ctor 3oe& not e;erci&e t0e ri90t to contro7 o.er t0e 1er'or64nce o' t0e 2or8 o' t0e contr4ct/47 e617o-ee. T0e 'ore9oin9 1ro.i&ion& &0477 5e 2it0o/t 1re</3ice to t0e 4117ic4tion o' Artic7e 248 (C ) o' t0e (45or Co3e, 4& 46en3e3. "!ubstantial capital or investment" re'er& to c41it47 &toc8& 4n3 &/5&cri5e3 c41it47i=4tion in t0e c4&e o' cor1or4tion&, too7&, e?/i16ent, i617e6ent&, 64c0inerie& 4n3 2or8 1re6i&e&, 4ct/477- 4n3 3irect7- /&e3 5- t0e contr4ctor or &/5contr4ctor in t0e 1er'or64nce or co617etion o' t0e <o5, 2or8 or &er.ice contr4cte3 o/t. T0e "right to control" &0477 re'er to t0e ri90t re&er.e3 to t0e 1er&on 'or 20o6 t0e &er.ice& o' t0e contr4ct/47 2or8er& 4re 1er'or6e3, to 3eter6ine not on7- t0e en3 to 5e 4c0ie.e3, 5/t 47&o t0e 64nner 4n3 6e4n& to 5e /&e3 in re4c0in9 t04t en3. Section 6. rohibitions. % Not2it0&t4n3in9 Section 5 o' t0e&e R/7e&, t0e 'o77o2in9 4re 0ere53ec74re3 1ro0i5ite3 'or 5ein9 contr4r- to 742 or 1/57ic 1o7ic-: (4) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 20en not 3one in 9oo3 '4it0 4n3 not </&ti'ie3 5- t0e e;i9encie& o' t0e 5/&ine&& 4n3 t0e &46e re&/7t& in t0e ter6in4tion o' re9/74r e617o-ee& 4n3 re3/ction o' 2or8 0o/r& or re3/ction or &17ittin9 o' t0e 54r94inin9 /nit> (5) Contr4ctin9 o/t o' 2or8 2it0 4 "cabo" 4& 3e'ine3 in Section 1 (ii), R/7e I, ,oo8 @ o' t0e&e R/7e&. "Cabo" re'er& to 4 1er&on or 9ro/1 o' 1er&on& or to 4 745or 9ro/1 20ic0, in t0e 9/i&e o' 4 745or or94ni=4tion, &/117ie& 2or8er& to 4n e617o-er, 2it0 or 2it0o/t 4n- 6onet4r- or ot0er con&i3er4tion 20et0er in t0e c414cit- o' 4n 49ent o' t0e e617o-er or 4& 4n o&ten&i57e in3e1en3ent contr4ctor> (c) T48in9 /n3/e 43.4nt49e o' t0e econo6ic &it/4tion or 74c8 o' 54r94inin9 &tren9t0 o' t0e contr4ct/47 e617o-ee, or /n3er6inin9 0i& &ec/rit- o' ten/re or 54&ic ri90t&, or circ/6.entin9 t0e 1ro.i&ion& o' re9/74r e617o-6ent, in 4n- o' t0e 'o77o2in9 in&t4nce&: (i) In 433ition to 0i& 4&&i9ne3 '/nction&, re?/irin9 t0e contr4ct/47 e617o-ee to 1er'or6 '/nction&
5uman B Labor ' B Pro&. Battad B Pa!e "=

20ic0 4re c/rrent7- 5ein9 1er'or6e3 5- t0e re9/74r e617o-ee& o' t0e 1rinci147 or o' t0e contr4ctor or &/5contr4ctor> (ii) Re?/irin9 0i6 to &i9n, 4& 4 1recon3ition to e617o-6ent or contin/e3 e617o-6ent, 4n 4nte34te3 re&i9n4tion 7etter> 4 574n8 14-ro77> 4 24i.er o' 745or &t4n34r3& inc7/3in9 6ini6/6 249e& 4n3 &oci47 or 2e7'4re 5ene'it&> or 4 ?/itc74i6 re7e4&in9 t0e 1rinci147, contr4ctor or &/5contr4ctor 'ro6 4n- 7i45i7it- 4& to 14-6ent o' '/t/re c74i6&> 4n3 (iii) Re?/irin9 0i6 to &i9n 4 contr4ct 'i;in9 t0e 1erio3 o' e617o-6ent to 4 ter6 &0orter t04n t0e ter6 o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, /n7e&& t0e 74tter contr4ct i& 3i.i&i57e into 104&e& 'or 20ic0 &/5&t4nti477- 3i''erent &8i77& 4re re?/ire3 4n3 t0i& i& 643e 8no2n to t0e e617o-ee 4t t0e ti6e o' en949e6ent> (3) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice t0ro/90 4n in%0o/&e 49enc- 20ic0 re'er& to 4 contr4ctor or &/5contr4ctor en949e3 in t0e &/117- o' 745or 20ic0 i& o2ne3, 64n49e3 or contro77e3 5- t0e 1rinci147 4n3 20ic0 o1er4te& &o7e7- 'or t0e 1rinci147> (e) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 3irect7- re74te3 to t0e 5/&ine&& or o1er4tion o' t0e 1rinci147 5- re4&on o' 4 &tri8e or 7oc8o/t 20et0er 4ct/47 or i66inent> (') Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 5ein9 1er'or6e3 5- /nion 6e65er& 20en &/c0 2i77 inter'ere 2it0, re&tr4in or coerce e617o-ee& in t0e e;erci&e o' t0eir ri90t& to &e7' or94ni=4tion 4& 1ro.i3e3 in Art. 248 (c) o' t0e (45or Co3e, 4& 46en3e3. Section 7. "#istence of an employer-employee relationship. % T0e contr4ctor or &/5contr4ctor &0477 5e con&i3ere3 t0e e617o-er o' t0e contr4ct/47 e617o-ee 'or 1/r1o&e& o' en'orcin9 t0e 1ro.i&ion& o' t0e (45or Co3e 4n3 ot0er &oci47 7e9i&74tion. T0e 1rinci147, 0o2e.er, &0477 5e &o7i34ri7- 7i457e 2it0 t0e contr4ctor in t0e e.ent o' 4n- .io74tion o' 4n- 1ro.i&ion o' t0e (45or Co3e, inc7/3in9 t0e '4i7/re to 14- 249e&. T0e 1rinci147 &0477 5e 3ee6e3 t0e e617o-er o' t0e contr4ct/47 e617o-ee in 4n- o' t0e 'o77o2in9 c4&e& 4& 3ec74re3 5- 4 co61etent 4/t0orit-: (4) 20ere t0ere i& 745or%on7- contr4ctin9> or (5) 20ere t0e contr4ctin9 4rr4n9e6ent '477& 2it0in t0e 1ro0i5ition& 1ro.i3e3 in Section 6 (#ro0i5ition&) 0ereo'. Section 8. Rights of Contractual "mployees. % Con&i&tent 2it0 Section 7 o' t0e&e R/7e&, t0e contr4ct/47 e617o-ee &0477 5e entit7e3 to 477 t0e ri90t& 4n3 1ri.i7e9e& 3/e 4 re9/74r e617o-ee 4& 1ro.i3e3 'or in t0e (45or Co3e, 4& 46en3e3, to inc7/3e t0e 'o77o2in9: (4) S4'e 4n3 0e47t0'/7 2or8in9 con3ition&> (5) (45or &t4n34r3& &/c0 4& &er.ice incenti.e 7e4.e, re&t 34-&, o.erti6e 14-, 0o7i34- 14-, 13t0 6ont0 144n3 &e14r4tion 14-> (c) Soci47 &ec/rit- 4n3 2e7'4re 5ene'it&> (3) Se7'%or94ni=4tion, co77ecti.e 54r94inin9 4n3 1e4ce'/7 concerte3 4ction> 4n3 (e) Sec/rit- o' ten/re. Section 9. Contract bet$een contractor or subcontractor and contractual employee. % Not2it0&t4n3in9 or47 or 2ritten &ti1/74tion& to t0e contr4r-, t0e contr4ct 5et2een t0e contr4ctor or &/5contr4ctor 4n3 t0e contr4ct/47 e617o-ee, 20ic0 &0477 5e in 2ritin9, &0477 inc7/3e t0e 'o77o2in9 ter6& 4n3 con3ition&: (4) T0e &1eci'ic 3e&cri1tion o' t0e <o5, 2or8 or &er.ice to 5e 1er'or6e3 5- t0e contr4ct/47 e617o-ee> (5) T0e 174ce o' 2or8 4n3 ter6& 4n3 con3ition& o' e617o-6ent, inc7/3in9 4 &t4te6ent o' t0e 249e r4te 4117ic457e to t0e in3i.i3/47 contr4ct/47 e617o-ee> 4n3 (c) T0e ter6 or 3/r4tion o' e617o-6ent, 20ic0 &0477 5e coe;ten&i.e 2it0 t0e contr4ct o' t0e 1rinci147 4n3 &/5contr4ctor, or 2it0 t0e &1eci'ic 104&e 'or 20ic0 t0e contr4ct/47 e617o-ee i& en949e3, 4& t0e c4&e 64- 5e. T0e contr4ctor or &/5contr4ctor &0477 in'or6 t0e contr4ct/47 e617o-ee o' t0e 'ore9oin9 ter6& 4n3 con3ition& on or 5e'ore t0e 'ir&t 34- o' 0i& e617o-6ent. Section 10. "ffect of Termination of Contractual "mployment. - In c4&e& o' ter6in4tion o' e617o-6ent 1rior to t0e e;1ir4tion o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, t0e ri90t o' t0e contr4ct/47 e617o-ee to &e14r4tion 14- or ot0er re74te3 5ene'it& &0477 5e 9o.erne3 5- t0e 4117ic457e 742& 4n3 </ri&1r/3ence on ter6in4tion o' e617o-6ent. A0ere t0e ter6in4tion re&/7t& 'ro6 t0e e;1ir4tion o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor, or 'ro6 t0e co617etion o' t0e 104&e o' t0e <o5, 2or8 or &er.ice 'or 20ic0 t0e contr4ct/47 e617o-ee i& en949e3, t0e 74tter &0477 not 5e entit7e3 to &e14r4tion 14-. +o2e.er, t0i& &0477 5e 2it0o/t 1re</3ice to co617etion 5on/&e& or ot0er e6o7/6ent&, inc7/3in9 retire6ent 14- 4& 64- 5e 1ro.i3e3 5- 742 or in t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor. Section 11. Registration of Contractors or !ubcontractors. % Con&i&tent 2it0 t0e 4/t0orit- o' t0e Secret4r- o' (45or 4n3 E617o-6ent to re&trict or 1ro0i5it t0e contr4ctin9 o/t o' 745or t0ro/90 411ro1ri4te re9/74tion&, 4 re9i&tr4tion &-&te6 to 9o.ern contr4ctin9 4rr4n9e6ent& 4n3 to 5e i617e6ente3 5- t0e Re9ion47 !''ice& i& 0ere5e&t457i&0e3. T0e re9i&tr4tion o' contr4ctor& 4n3 &/5contr4ctor& &0477 5e nece&&4r- 'or 1/r1o&e&
5uman B Labor ' B Pro&. Battad B Pa!e "@

o' e&t457i&0in9 4n e''ecti.e in'or64tion 4n3 6onitorin9. 745or 64r8et co617ie3 2it0. T0e contr4ctor or &/5contr4ctor &0477 5e 3ee6e3 re9i&tere3 /1on 14-6ent o' 4 re9i&tr4tion 'ee o' #100.00 to t0e Re9ion47 !''ice. A0ere 477 t0e &/11ortin9 3oc/6ent& 04.e 5een &/56itte3, t0e Re9ion47 !''ice &0477 3en- or 411ro.e t0e 4117ic4tion 2it0in &e.en (7) 2or8in9 34-& 4'ter it& 'i7in9. "1on re9i&tr4tion, t0e Re9ion47 !''ice &0477 ret/rn one &et o' t0e 3/7-%&t461e3 4117ic4tion 3oc/6ent& to t0e 4117ic4nt, ret4in one &et 'or it& 'i7e, 4n3 tr4n&6it t0e re64inin9 &et to t0e ,/re4/ o' (oc47 E617o-6ent. T0e ,/re4/ &0477 3e.i&e t0e nece&&4r- 'or6& 'or t0e e;1e3itio/& 1roce&&in9 o' 477 4117ic4tion& 'or re9i&tr4tion. Section 14. Duty to produce copy of contract bet$een the principal and the contractor or subcontractor. - T0e 1rinci147 or t0e contr4ctor or &/5contr4ctor &0477 5e /n3er 4n o57i94tion to 1ro3/ce 4 co1- o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e contr4ctor in t0e or3in4rco/r&e o' in&1ection. T0e contr4ctor &0477 7i8e2i&e 5e /n3er 4n o57i94tion to 1ro3/ce 4 co1o' t0e contr4ct o' e617o-6ent o' t0e contr4ct/47 2or8er 20en 3irecte3 to 3o &o 5- t0e Re9ion47 irector or 0i& 4/t0ori=e3 re1re&ent4ti.e. A co1- o' t0e contr4ct 5et2een t0e contr4ct/47 e617o-ee 4n3 t0e contr4ctor or &/5contr4ctor &0477 5e '/rni&0e3 t0e certi'ie3 54r94inin9 49ent, i' t0ere i& 4n-. Section 15. Annual Reporting of Registered Contractors. % T0e contr4ctor or &/5contr4ctor &0477 &/56it in tri17ic4te it& 4nn/47 re1ort /&in9 4 1re&cri5e3 'or6 to t0e 411ro1ri4te Re9ion47 !''ice not 74ter t04n t0e 15t0 o' C4n/4r- o' t0e 'o77o2in9 -e4r. T0e re1ort &0477 inc7/3e: (4) A 7i&t o' contr4ct& entere3 2it0 t0e 1rinci147 3/rin9 t0e &/5<ect re1ortin9 1erio3> (5) T0e n/65er o' 2or8er& co.ere3 5- e4c0 contr4ct 2it0 t0e 1rinci147> (c) A &2orn /n3ert48in9 t04t t0e 5ene'it& 'ro6 t0e Soci47 Sec/rit- S-&te6 (SSS), t0e +o6e e.e7o16ent $/t/47 */n3 (+ $*), #0i7+e47t0, E617o-ee& Co61en&4tion Co66i&&ion (ECC), 4n3 re6itt4nce& to t0e ,/re4/ o' Intern47 Re.en/e (,IR) 3/e it& contr4ct/47 e617o-ee& 04.e 5een 643e 3/rin9 t0e &/5<ect re1ortin9 1erio3. T0e Re9ion47 !''ice &0477 ret/rn one &et o' t0e 3/7-%&t461e3 re1ort to t0e contr4ctor or &/5contr4ctor, ret4in one &et 'or it& 'i7e, 4n3 tr4n&6it t0e re64inin9 &et to t0e ,/re4/ o' (oc47 E617o-6ent 2it0in 'i.e (5) 34-& 'ro6 recei1t t0ereo'. Section 16. Delisting of contractors or subcontractors. % S/5<ect to 3/e 1roce&&, t0e Re9ion47 irector &0477 c4nce7 t0e re9i&tr4tion o'
5uman B Labor ' B Pro&. Battad B Pa!e "?
*4i7/re to re9i&ter &0477 9i.e ri&e to t0e 1re&/61tion t04t t0e contr4ctor i& en949e3 in 745or%on7- contr4ctin9. Section 12. Re%uirements for registration. % A contr4ctor or &/5contr4ctor &0477 5e 7i&te3 in t0e re9i&tr- o' contr4ctor& 4n3 &/5contr4ctor& /1on co617etion o' 4n 4117ic4tion 'or6 to 5e 1ro.i3e3 5- t0e !(E. T0e 4117ic4nt contr4ctor or &/5contr4ctor &0477 1ro.i3e in t0e 4117ic4tion 'or6 t0e 'o77o2in9 in'or64tion: (4) T0e n46e 4n3 5/&ine&& 433re&& o' t0e 4117ic4nt 4n3 t0e 4re4 or 4re4& 20ere it &ee8& to o1er4te> (5) T0e n46e& 4n3 433re&&e& o' o''icer&, i' t0e 4117ic4nt i& 4 cor1or4tion, 14rtner&0i1, coo1er4ti.e or /nion> (c) T0e n4t/re o' t0e 4117ic4ntB& 5/&ine&& 4n3 t0e in3/&tr- or in3/&trie& 20ere t0e 4117ic4nt &ee8& to o1er4te> (3) T0e n/65er o' re9/74r 2or8er&> t0e 7i&t o' c7ient&, i' 4n-> t0e n/65er o' 1er&onne7 4&&i9ne3 to e4c0 c7ient, i' 4n- 4n3 t0e &er.ice& 1ro.i3e3 to t0e c7ient> (e) T0e 3e&cri1tion o' t0e 104&e& o' t0e contr4ct 4n3 t0e n/65er o' e617o-ee& co.ere3 in e4c0 104&e, 20ere 411ro1ri4te> 4n3 (') A co1- o' 4/3ite3 'in4nci47 &t4te6ent& i' t0e 4117ic4nt i& 4 cor1or4tion, 14rtner&0i1, coo1er4ti.e or 4 /nion, or co1- o' t0e 74te&t ITR i' t0e 4117ic4nt i& 4 &o7e 1ro1rietor&0i1. T0e 4117ic4tion &0477 5e &/11orte3 5-: (4) A certi'ie3 co1- o' 4 certi'ic4te o' re9i&tr4tion o' 'ir6 or 5/&ine&& n46e 'ro6 t0e Sec/ritie& 4n3 E;c04n9e Co66i&&ion (SEC), e14rt6ent o' Tr43e 4n3 In3/&tr( TI), Coo1er4ti.e e.e7o16ent A/t0orit- (C A), or 'ro6 t0e !(E i' t0e 4117ic4nt i& 4 /nion> 4n3 (5) A certi'ie3 co1- o' t0e 7icen&e or 5/&ine&& 1er6it i&&/e3 5- t0e 7oc47 9o.ern6ent /nit or /nit& 20ere t0e contr4ctor or &/5contr4ctor o1er4te&. T0e 4117ic4tion &0477 5e .eri'ie3 4n3 &0477 inc7/3e 4n /n3ert48in9 t04t t0e contr4ctor or &/5contr4ctor &0477 45i3e 5- 477 4117ic457e 745or 742& 4n3 re9/74tion&. Section 13. &iling and processing of applications . % T0e 4117ic4tion 4n3 it& &/11ortin9 3oc/6ent& &0477 5e 'i7e3 in tri17ic4te in t0e Re9ion47 !''ice& 20ere t0e 4117ic4nt 1rinci1477- o1er4te&. No 4117ic4tion 'or re9i&tr4tion &0477 5e 4cce1te3 /n7e&& 477 t0e 'ore9oin9 re?/ire6ent& 4re

contr4ctor& or &/5contr4ctor& 54&e3 on 4n- o' t0e 'o77o2in9 9ro/n3&: (4) Non%&/56i&&ion o' contr4ct& 5et2een t0e 1rinci147 4n3 t0e contr4ctor or &/5contr4ctor 20en re?/ire3 to 3o &o> (5) Non%&/56i&&ion o' 4nn/47 re1ort> (c) *in3in9& t0ro/90 4r5itr4tion t04t t0e contr4ctor or &/5contr4ctor 04& en949e3 in 745or% on7- contr4ctin9 4n3 t0e 1ro0i5ite3 4cti.itie& 4& 1ro.i3e3 in Section 6 (#ro0i5ition&) 0ereo'> 4n3 (3) Non%co617i4nce 2it0 745or &t4n34r3& 4n3 2or8in9 con3ition&. Section 17. Rene$al of registration of contractors or subcontractors. % A77 re9i&tere3 contr4ctor& or &/5contr4ctor& 64- 4117- 'or rene247 o' re9i&tr4tion e.er- t0ree -e4r&. *or t0i& 1/r1o&e, t0e Tri14rtite In3/&tri47 #e4ce Co/nci7 (TI#C) 4& cre4te3 /n3er E;ec/ti.e !r3er No. 49, &0477 &er.e 4& t0e o.er&i90t co66ittee to .eri'- 4n3 6onitor t0e 'o77o2in9: (4) En949in9 in 477o2457e contr4ctin9 4cti.itie&> 4n3 (5) Co617i4nce 2it0 436ini&tr4ti.e re1ortin9 re?/ire6ent&.
a.
204te.er 6onet4r- c74i6& t0e contr4ct/47 e617o-ee& 64- 04.e 494in&t t0e 'or6er in t0e c4&e o' .io74tion& 4& 1ro.i3e3 'or in Section& 5 ((45or%!n7- contr4ctin9), 6 (#ro0i5ition&), 8 (Ri90t& o' Contr4ct/47 E617o-ee&) 4n3 16 ( e7i&tin9) o' t0e&e R/7e&. In 433ition, t0e 1rinci147 &0477 47&o 5e &o7i34ri7- 7i457e in c4&e t0e contr4ct 5et2een t0e 1rinci147 4n3 contr4ctor or &/5contr4ctor i& 1reter6in4te3 'or re4&on& not 4ttri5/t457e to t0e '4/7t o' t0e contr4ctor or &/5contr4ctor. Section 20. !upersession. % A77 r/7e& 4n3 re9/74tion& i&&/e3 5- t0e Secret4r- o' (45or 4n3 E617o-6ent incon&i&tent 2it0 t0e 1ro.i&ion& o' t0i& R/7e 4re 0ere5- &/1er&e3e3. Contr4ctin9 or &/5contr4ctin9 4rr4n9e6ent& in t0e con&tr/ction in3/&tr-, /n3er t0e 7icen&in9 co.er49e o' t0e #CA, 4n3 &0477 not inc7/3e &0i15/i73in9 4n3 &0i1 re14irin9 2or8&, 0o2e.er, &0477 contin/e to 5e 9o.erne3 5- e14rt6ent !r3er No. 19, &erie& o' 1993. Section 21. "ffectivity. % T0i& !r3er &0477 5e e''ecti.e 'i'teen (15) 34-& 4'ter co617etion o' it& 1/57ic4tion in t2o (2) ne2&141er& o' 9ener47 circ/74tion. . $4ni74, #0i7i11ine&, 21 *e5r/4r- 2002.
(e>uirements &or 'nde endent ,. 8L(C )
Section 18. "nforcement of 'abor !tandards and (or)ing Conditions. % Con&i&tent 2it0 Artic7e 128 (@i&itori47 4n3 En'orce6ent #o2er) o' t0e (45or Co3e, 4& 46en3e3, t0e Re9ion47 irector t0ro/90 0i& 3/7- 4/t0ori=e3 re1re&ent4ti.e&, inc7/3in9 745or re9/74tion o''icer& &0477 04.e t0e 4/t0oritto con3/ct ro/tine in&1ection o' e&t457i&06ent& en949e3 in contr4ctin9 or &/5contr4ctin9 4n3 &0477 04.e 4cce&& to e617o-erB& recor3& 4n3 1re6i&e& 4t 4n- ti6e o' t0e 34- or ni90t 20ene.er 2or8 i& 5ein9 /n3ert48en t0erein, 4n3 t0e ri90t to co1- t0ere'ro6, to ?/e&tion 4n- e617o-ee 4n3 in.e&ti94te 4n- '4ct, con3ition or 64tter 20ic0 64- 5e nece&&4r- to 3eter6ine .io74tion& or 20ic0 64- 4i3 in t0e en'orce6ent o' t0e (45or Co3e 4n3 o' 4n- 745or 742, 249e or3er, or r/7e& 4n3 re9/74tion& i&&/e3 1/r&/4nt t0ereto. T0e 'in3in9& o' t0e 3/7- 4/t0ori=e3 re1re&ent4ti.e &0477 5e re'erre3 to t0e Re9ion47 irector 'or 411ro1ri4te 4ction 4& 1ro.i3e3 'or in Artic7e 128, 4n3 &0477 5e '/rni&0e3 t0e co77ecti.e 54r94inin9 49ent, i' 4n-. ,4&e3 on t0e .i&itori47 4n3 en'orce6ent 1o2er o' t0e Secret4r- o' (45or 4n3 E617o-6ent in Artic7e 128 (4), (5), (c) 4n3 (3), t0e Re9ion47 irector &0477 i&&/e co617i4nce or3er& to 9i.e e''ect to t0e 745or &t4n34r3& 1ro.i&ion& o' t0e (45or Co3e, ot0er 745or 7e9i&74tion 4n3 t0e&e 9/i3e7ine&. Section 19. !olidary liability. % T0e 1rinci147 &0477 5e 3ee6e3 4& t0e 3irect e617o-er o' t0e contr4ct/47 e617o-ee& 4n3 t0ere'ore, &o7i34ri77i457e 2it0 t0e contr4ctor or &/5contr4ctor 'or
Contractor
San Ci!uel Cor Cali1si, .( 8o. "@%?AA, 5ec. A, 4::A
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L''Q*A-PCPB ,. cor ., .( 8o. "A4$==, June "?, 4::% Burlin!!ame
b.
5esirable M Knnecessar/ Coca-Cola Bottlers Phil., 'nc. ,. 8L(C, =:% SC(A "=" ("###)
d.
E&&ect o& Jindin! San Ci!uel Abella, @A" SC(A =#4 (4::?) Cor oration ,.
c.
Prohibition
Labor Contractor +nl/; (e>uisites and =. Liabilit/ o& 'ndirect Em lo/er Canila 2ater Co., 'nc. ,. Pena, Lanzaderas ,. Securit/ ) .eneral Ser,ices, 'nc., supra Ameth/st
@=@ SC(A ?4 (4::@)
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overseas, in general, and Cilipino migrant wor)ers, in particular. ,b1 The State shall afford full protection to labor, local and overseas, organi(ed and unorgani(ed, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely social, economic and legal services to Cilipino migrant wor)ers. ,c1 Ahile recogni(ing the significant contribution of Cilipino migrant wor)ers to the national economy through their foreign e*change remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The e*istence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Cilipino citi(ens shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. ,d1 The State affirms the fundamental equality before the law of women and men and the significant role of women in nationbuilding. ecogni(ing the contribution of overseas migrant women wor)ers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant wor)ers and the composition of bodies tas)ed for the welfare of migrant wor)ers. ,e1 Cree access to the courts and quasijudicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. !n this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Cilipinos, in general, and Cilipino migrant wor)ers, in particular, documented or undocumented, are adequately protected and safeguarded. ,f1 The right of Cilipino migrant wor)ers and all overseas Cilipinos to participate in the democratic decision-ma)ing processes of the State and to be represented in institutions relevant to overseas employment is recogni(ed and guaranteed. ,g1 The State recogni(es that the ultimate protection to all migrant wor)ers is the possession of s)ills. 5ursuant to this and as soon as practicable, the government shall deploy andHor allow the deployment only to s)illed Cilipino wor)ers. ,h1 +on-governmental organi(ations, duly recogni(ed as legitimate, are partners of the State in the protection of Cilipino migrant wor)ers and in the promotion of their welfare, the State shall cooperate with them in a spirit of trust and mutual respect.
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D.
.re=e,p#o5,en 2 Recr&$ ,en o- WorAers
an" .#ace,en
(e&erence7 Arts. "4-@4; P+EA (ules; Boo1 ", (ules '''-9''', +mnibus (ules; Ci!rant 2or1ers and +,erseas Jili inos Act o& "##? ((A $:@4); AntiTra&&ic1in! in Persons Act 4::= ((A #4:$) and (ules and (e!ulations 'm lementin! (A #4:$ ". Pre-em lo/ment Polic/ M Statement +b3ecti,es, Art. "4 (a) (&); Const., Art. '', Sec. #; (A $:@4, Sec. 4, @ ) ?. o&
A T. -.. +tatement of ob,ectives. - !t is the policy of the State; a1 To promote and maintain a state of full employment through improved manpower training, allocation and utili(ation< f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< -8>6 Constitution, Art !!, Sec. 8 The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. #5B&"!C ACT +'. >70. S#C. .. 2#C"A AT!'+ 'C 5'"!C!#S-,a1 !n the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citi(ens whether in country or

,!1 :overnment fees and other administrative costs of recruitment, introduction, placement and assistance to migrant wor)ers shall be rendered free without prejudice to the provision of Section 43 hereof. +onetheless, the deployment of Cilipino overseas wor)ers, whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be e*tended to them. !. 2#5"'I=#+T S#C. 0. 2eployment of =igrant Aor)ers The State shall deploy overseas Cilipino wor)ers only in countries where the rights of Cilipino migrant wor)ers are protected. The government recogni(es any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Cilipino wor)ers; ,a1 !t has e*isting labor and social laws protecting the rights of migrant wor)ers< ,b1 !t is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant wor)ers< ,c1 !t has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Cilipino wor)ers< and ,d1 !t is ta)ing positive, concrete measures to protect the rights of migrant wor)ers. S#C. /. T# =!+AT!'+ ' &A+ '+ 2#5"'I=#+T - +otwithstanding the provisions of Section 0 hereof, the government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant wor)ers.
=) Pri,ate (ecruitment Entit/ M Arts. "= (e) (&), "4 (&), "@ (a)
A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises<
A T. -4. ,e1 "Private recruitment entity" means any person or association engaged in the recruitment and placement of wor)ers, locally or overseas, without charging, directly or indirectly, any fee from the wor)ers or employers. ,f1 "Authority" means a document issued by the 2epartment of "abor authori(ing a person or association to engage in recruitment and placement activities as a private recruitment entity. A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises<
b. ") (ecruitment and Placement Local Em lo/ment, Art. "= (b)
4. a.
Pri,ate Sector M A!encies and Entities Parties
") 2or1er M Art. "= (a)
A T. -4. Definitions. - ,a1 "%or-er" means any member of the labor force, whether employed or unemployed.
4) Pri,ate Em lo/ment A!enc/ M Arts. "= (c) (d), "4 (&), "@ (a)
A T. -4. ,c1 "Private fee*charging employment agency" means any person or entity engaged in recruitment and placement of wor)ers for a fee which is charged, directly or indirectly, from the wor)ers or employers or both. ,d1 "License" means a document issued by the 2epartment of "abor authori(ing a person or entity to operate a private employment agency.
,b1 "Recruitment and placement" refers to any act of canvassing, enlisting, contracting,
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transporting, utili(ing, hiring or procuring wor)ers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not; 5rovided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement. ,h1 To fail to submit reports on the status of employment, placement vacancies, remittances of foreign e*change earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of "abor and #mployment< ,i1 To substitute or alter to the prejudice of the wor)er, employment contracts approved and verified by the 2epartment of "abor and #mployment from the time of actual signing thereof by the parties up to and including the period of the e*piration of the same without the approval of the 2epartment of "abor and #mployment< ,j1 Cor an officer or agent of a recruitment or placement agency to become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency< ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under the "abor Code and its implementing rules and regulations< ,l1 Cailure to actually deploy without valid reasons as determined by the 2epartment of "abor and #mployment< and ,m1 Cailure to reimburse e*penses incurred by the wor)ers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually ta)e place without the wor)erJs fault. !llegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. !llegal recruitment is deemed committed by a syndicate carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. The persons criminally liable for the above offenses are the principals, accomplices and accessories. !n case of juridical persons, the officers having control, management or direction of their business shall be liable.
c. Allowed and Protected Entities ") Allowed Pri,ate A!encies and Entities, Arts. "A, "$, 4?, "4 (&)
4) +,erseas Em lo/ment, Sec. A, (A $:@4
Sec. 3. 2#C!+!T!'+S. - Cor purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utili(ing, hiring, procuring wor)ers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when underta)en by a non-license or non-holder of authority contemplated under Article -4,f1 of 5residential 2ecree +o. 00., as amended, otherwise )nown as the "abor Code of the 5hilippines. 5rovided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. !t shall li)ewise include the following acts, whether committed by any persons, whether a nonlicensee, non-holder, licensee or holder of authority. ,a1 To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of "abor and #mployment, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the "abor Code< ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a wor)er from oppressive terms and conditions of employment< ,e1 To influence or attempt to influence any persons or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment of placement of wor)ers in jobs harmful to public health or morality or to dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor and #mployment or by his duly authori(ed representative<
A T. -3. Private recruitment. - #*cept as provided in Chapter !! of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of wor)ers. A T. ->. .an on direct*hiring. - +o employer may hire a Cilipino wor)er for overseas employment e*cept through the &oards and entities authori(ed by the Secretary of "abor. 2irect-hiring by members
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of the diplomatic corps, international organi(ations and such other employers as may be allowed by the Secretary of "abor is e*empted from this provision. A T. ./. Private sector participation in the recruitment and placement of #or-ers. 5ursuant to national development objectives and in order to harness and ma*imi(e the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of wor)ers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of "abor. A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives<
4) Prohibited Business A!encies and Entities, Arts. "A, "$, 4?, 4A
A T. .6. Citi/enship re0uirement. - 'nly Cilipino citi(ens or corporations, partnerships or entities at least seventy-five percent ,6/K1 of the authori(ed and voting capital stoc) of which is owned and controlled by Cilipino citi(ens shall be permitted to participate in the recruitment and placement of wor)ers, locally or overseas. A T. .>. Capitali/ation. - All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitali(ation as determined by the Secretary of "abor. A T. .8. Non*transferability of license or authority. - +o license or authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority be transferred, conveyed or assigned to any other person or entity. Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the prior approval of the 2epartment of "abor. A T. 47. Registration fees. - The Secretary of "abor shall promulgate a schedule of fees for the registration of all applicants for license or authority. A T. 4-. .onds. - All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of "abor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate. #!EA R/7e&, ,oo8 II, (ICENSIN) AN RE)"(ATI!N R"(E I #ARTICI#ATI!N !* T+E #RI@ATE SECT!R IN T+E !@ERSEAS E$#(!D$ENT #R!)RA$ Section -. Lualifications. 'nly those who possess the following qualifications may be permitted to engage in the business of recruitment and placement of Cilipino wor)ers; a. Cilipino citi(ens, partnerships or corporations at least seventy five percent ,6/K1 of the authori(ed capital stoc) of which is owned and controlled by Cilipino citi(ens< b. A minimum capitali(ation of Two =illion 5esos ,5.,777,777.771 in case of a single proprietorship or partnership and a minimum paid-up capital of Two =illion 5esos ,5.,777,777.771 in case of a corporation< Provided that those with e*isting licenses shall, within four years from effectivity
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A T. -3. Private recruitment. - #*cept as provided in Chapter !! of this Title, no person or entity other than the public employment offices, shall engage in the recruitment and placement of wor)ers. A T. ->. .an on direct*hiring. - +o employer may hire a Cilipino wor)er for overseas employment e*cept through the &oards and entities authori(ed by the Secretary of "abor. 2irect-hiring by members of the diplomatic corps, international organi(ations and such other employers as may be allowed by the Secretary of "abor is e*empted from this provision. A T. ./. Private sector participation in the recruitment and placement of #or-ers. - 5ursuant to national development objectives and in order to harness and ma*imi(e the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of wor)ers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of "abor. A T. .3. Travel agencies prohibited to recruit. Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of wor)ers for overseas employment whether for profit or not.
d. ") .o,ernment Techni>ues o& (e!ulation M Pri,ate (ecruitment Licensin!, Arts. 4%, 4$, 4#, =:, =", P+EA rules and (e!ulations, Boo1 '', Sec. " and Boo1 '', (ule ''

hereof, increase their capitali(ation or paid up capital, as the case may be, to Two =illion 5esos ,5.,777,777.771 at the rate of Two 9undred Cifty Thousand 5esos ,5./7,777.771 every year. c. Those not otherwise disqualified by law or other government regulations to engage in the recruitment and placement of wor)ers for overseas employment. B"# !! !SSBA+C# 'C "!C#+S# from his country of origin shall be acceptable< e. 5roof of mar)eting capability<
Cor land-based applicants;
An applicant with an actual principalHforeign employer to be serviced, shall at the time of application submit the following documents for evaluation;
Section -. Re0uirements for (ssuance of License. - #very applicant for license to operate a private employment agency or manning agency shall submit a written application together with the following requirements; a. A certified copy of the Articles of !ncorporation or of 5artnership duly registered with the Securities and #*change Commission ,S#C1, in the case of corporation or partnership or Certificate of egistration of firm or business name with the &ureau of 2omestic Trade ,&2T1 in the case of a single proprietorship< b. 5roof of financial capacity; !n the case of a single proprietorship or partnership, verified income ta* returns for the past two ,.1 years and a ban) certificate of a cash deposit of 5./7,777.77, provided that the applicant should submit an authority to e*amine such ban) deposit. !n the case of a newly organi(ed corporation, submission of a ban) certificate of a cash deposit of at least 5./7,777.77 with authority to e*amine the same. Cor an e*isting corporation, submission of a verified financial statement, corporate ta* returns for the past two ,.1 years and ban) certification of a cash deposit of at least 5./7,777.77 with the corresponding authority to e*amine such deposit. c. #scrow agreement in the amount of 5.77,777.77 with an accredited reputable ban)ing corporation to primarily answer for valid and legal claims of recruited wor)ers as a result of recruitment violations or money claims< d. Clearance of all members of the &oard of 2irectors, partner, or proprietor of the applicant agency from the +ational &ureau of !nvestigation ,+&!1 and other government agencies as the need may require, Ciscal?s clearance in case of persons with criminal cases< provided that where the member or partner concerned is a foreigner, clearance
,-1 A duly e*ecuted Special 5ower of Attorney authenticated by the 5hilippine #mbassyHConsulate or "abor Attache in the place where the principalHemployers hold their office< or ,.1 A concluded serviceHrecruitment agreement authenticated by the 5hilippine #mbassyHConsulate, or "abor Attache in the place where the projectHjob site is located< ,41 An authenticated manpower mobili(ation request or visa approval of not less than fifty ,/71 wor)ers for deployment within a period not e*ceeding si* ,31 months from issuance of approved license<
An applicant who, at the time of application is unable to present a foreign principalHemployer shall, upon compliance with all other licensing requirements as herein provided, be issued a provisional license, subject to submission of a verified underta)ing to deploy at least fifty ,/71 wor)ers, e*clusive of direct hired, within a period not e*ceeding si* ,31 months from date of issuance of provisional license. !t is understood that failure to comply with this underta)ing shall result in the automatic revocation of the provisional license.
Cor manning applicants; ,-1 A duly e*ecuted Special 5ower of Attorney authenticated by the 5hilippine #mbassyHConsulate or "abor Attache in place where the vessel ownersHoperatorsHmanager hold their principal office< or ,.1 A duly concluded manning agreement authenticated by the 5hilippine #mbassy, Consulate, or "abor Attache in the place where the vesselHownersHoperatorsH manager hold their principal office< ,41 A manpower mobili(ation request of not less than fifty ,/71 seafarers for deployment
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within a period not e*ceeding si* ,31 months from issuance of approved license. f. A verified underta)ing stating that the applicant; ,-1 Shall select only medically and technically qualified recruits< ,.1 Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of license< ,41 Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection with the implementation of the contract, including but not limited to payment of wages, death and disability compensation and repatriation< ,01 Shall guarantee compliance with the e*isting labor and social legislations of the 5hilippines and of the country of employment of recruited wor)ers< and ,/1 Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement< g. "ist of all officials and personnel involved in the recruitment and placement, together with their appointment, bio-data and two ,.1 copies of their passport-si(e pictures. h. Copy of contract of lease or proof of building ownership together with office address. Section .. Action on the Application. * Aithin thirty ,471 calendar days from receipt of application or requirements including proof of payment of a non-refundable filing fee of 5/,777.77, the Administration shall evaluate pertinent documents of the applicant, inspect the offices and equipment and recommend to the Secretary the approval or denial of the application. Section 4. (ssuance of License. - The Administration shall recommend to the Secretary issuance of the corresponding license upon due evaluation and compliance with licensing requirements and operational standards. Section 0. Payment of 1ees and Posting of .onds. - Bpon approval of the application, the applicant shall pay a license fee of 547,777.77. !t shall also post a cash bond of 5-77,777.77 and a surety bond of 5/7,777.77 from a bonding company acceptable to the Administration and duly accredited by the !nsurance Commission. The bonds shall answer for all valid and legal claims arising from violations of the conditions for the grant and use of the license, andHor accreditation and contracts of employment. The bonds shall li)ewise guarantee compliance with the provisions of the Code and its implementing rules and regulations relating to recruitment and placement, the ules of the Administration and relevant issuances of the 2epartment and all liabilities which the Administration may impose. The surety bonds shall include the condition Fthat notice to the principal is notice to the surety and that any judgment against the principal in connection with matters falling under 5'#A?s jurisdiction shall be binding and conclusive on the surety. The surety bonds shall be coterminus with the validity period of the license. Section /. "alidity of License. * #very license shall be valid for at least two ,.1 years from the date of issuance unless sooner cancelled or revo)ed by the Secretary or suspended by the Administration for violation of the Code and its rules and relevant decrees, orders and issuances and other rules and regulations of the 2epartment. Such license shall be valid only at the placeHs stated therein and when used by the licensed person, partnership or corporation. Section 3. Non*Transferability of License. * +o license shall be transferred, conveyed or assigned to any person, partnership or corporation. !t shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued. Diolation shall cause automatic revocation of license. !n case of death of the sole proprietor, and in order to prevent disruption of operation and so as not to prejudice the interest of legitimate heirs, the licensed single proprietorship may be allowed to continue only for the purpose of winding up its business operation. Section 6. Change of &#nership2Relationship of +ingle Proprietorship or Partnership. * Transfer or change of ownership of a single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. The new owner shall be required to apply for a license in accordance with these ules. A change in the relationship of the partners in a partnership duly licensed to engage in overseas employment which materially interrupts the course of the business or results in the actual dissolution of the partnership shall li)ewise cause the automatic revocation of the license.
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Section >. 3pgrading of +ingle Proprietorship or Partnerships. * "icense holders which are single proprietorships or partnerships may, subject to the guidelines of the Administration, convert into corporation for purposes of upgrading or raising their capabilities to respond adequately to developmentsHchanges in the international labor mar)et and to enable them to better comply with their responsibilities arising from the recruitment and deployment of wor)ers overseas. The approval of merger, consolidation or upgrading shall automatically revo)e or cancel the licenses of the single proprietorships, partnerships or corporations so merged, consolidated or upgraded. Section 8. Change of Directors of Corporation. * #very change in the composition of the &oard of 2irectors of a corporation licensed to participate in overseas employment shall be registered with the Administration within thirty ,471 calendar days from the date the change was decided or approved. The corporation shall be required to submit to the Administration the =inutes of 5roceedings duly certified by the S#C, the bio-data and clearances of the new members of the &oard from the government agencies identified in Section ,e1 of this ule. Section -7. Change of &ther &fficers and Personnel. * #very change or termination of appointment of officers, representatives and personnel shall be registered with the Administration within thirty ,471 calendar days from the date of such change. The Administration reserves the right to deny the appointment of officers and employees who were directly involved in recruitment irregularities. Section --. Appointment of Representatives. - #very appointment of representatives or agents of licensed agency shall be subject to prior approval or authority of the Administration. The approval may be issued upon submission of or compliance with the following requirements; a. 5roposed appointment or special power of attorney< b. Clearances of the proposed representative or agent from +&!< c. A sworn or verified statement by the designating or appointing person or company assuming full responsibility for all acts of the agent or representative done in connection with the recruitment and placement of wor)ers< Section -.. Publication of Change of Directors2&ther &fficers and Personnel2 Revocation or Amendment of Appointment of Representatives. * !n addition to the requirement of registration with and submission to the Administration, every change in the membership of the &oard of 2irectors, resignationHtermination of other officers and personnel, revocation or amendment of appointment of representatives shall be published at least once in a newspaper of general circulation, in order to bind third parties. 5roof of such publication shall be submitted to the Administration Section -4. Transfer of .usiness Address and +tudio. * Any transfer of business address shall be effected only with prior authority or approval of the Administration. The approval shall be issued only upon formal notice of the intention to transfer with the following attachments; a. Copy of the company?s notice to the &2T or the S#C on the transfer of business address< b. !n the case of a corporation, a &oard esolution duly registered with the S#C authori(ing the transfer of business address< c. !n the case of a single proprietorship, a copy of the &2T?s ac)nowledgment of the notice to transfer< and d. Copy of the contract of lease or proof of building ownership. The new office shall be subject to the normal ocular inspection procedures by duly authori(ed representatives of the Administration. A notice to the public of the new address shall be published in a newspaper of general circulation. Section -0. )stablishment of )4ecutive &ffice. - The establishment of an e*ecutive office outside of the registered address shall be effected only with prior approval or authority of the Administration. The approval may be issued upon submission of an affidavit of underta)ing to the effect that no recruitment activity whatsoever shall be conducted thereat and that the agency has a valid contract of lease or building ownership. Section -/. )stablishment of .ranch and )4tension &ffices. * &ranch and e*tension offices may be established in areas approved by the Secretary, subject to implementing guidelines.
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Section -3. Conduct of Recruitment &utside of Registered &ffice$ .ranch or )4tension &ffice. * +o licensed agency shall conduct any provincial recruitment, job fairs or recruitment activities of any form outside of the address stated in the license, ac)nowledged &ranch or #*tension 'ffice or without first securing prior authority from the Administration of the Center. Section -6. Rene#al of License. * An agency shall submit an application for the renewal thereof to the Administration. Such application shall be supported by the following documents; a. 5roof of foreign e*change earnings issued by the Central &an)< b. Surety bond duly renewed or revalidated< c. #scrow agreement in the amount of 5.77,777.77 with an accredited reputable ban)ing corporation to primarily answer for valid and legal claims of recruited wor)ers as a result of recruitment violations or money claims< d. eplenishment of the cash bond in case such or any part thereof is garnished< e. 5roof of financial capacity such as but not limited to verified financial statements for the past two ,.1 years, verified corporate or individual ta* returns with confirmation receipts, and compliance with capitali(ation requirements and infusion thereof as the case may be, as certified by the Securities and #*change Commission< f. Summary of deployment reports during the validity of the license sought to be renewed< g. Summary of payroll reports in case of contractors and manning agencies during the validity of the license sought to be renewed< and h. 'ther requirements as may be imposed by the Administration. Section ->. Non*e4piration of License. * Ahere the license holder has made timely and sufficient application for renewal, the e*isting license shall not e*pire until the application shall have been finally determined by the Administration. Section -8. Action on Rene#al of License. Aithin thirty ,471 calendar days from receipt of the application for renewal the Administration shall underta)e evaluation and inspection and thereafter recommend to the Secretary the grant or denial of the application. Section .7. 1ailure to Rene#. * Any agency which fails to obtain a renewal of its license within thirty ,471 calendar days from e*piration thereof, shall be immediately deemed delisted and disallowed from conducting recruitment and placement. Section .-. Denial of Rene#al of Licenses. - "icenses of agencies which fail to conclude a recruitment or manning agreement andHor underta)e minimum levels of wor)er deployment and foreign e*change generation or those which fail to meet the minimum operational standards and requirements set by the Administration, shall not be renewed. Section ... %hen to Consider Cash .ond2Deposit in )scro# arnished. - As soon as an 'rder of :arnishment is served upon the AdministrationH&an), and the same is correspondingly earmar)ed, the cash bondHdeposit in escrow of an agency shall no longer be considered sufficient. The Administration shall forthwith serve upon the agency a notice to replenish. Section .4. Replenishment of Cash or +urety .onds2Deposit in )scro#. * Aithin fifteen ,-/1 calendar days from date of receipt of notice from the Administration that the bondsHdeposit in escrow, or any part thereof had been garnished, the agency shall replenish the same. Cailure to replenish such bondsHdeposit in escrow within the said period shall cause the suspension of the license. Section .0. Refund of Cash .ond2Release of Deposit in )scro#. - A licensed agency which voluntarily surrenders its license shall be entitled to the refund of its deposited cash bond and release of the deposit in escrow, only after posting a surety bond of similar amount valid for four ,01 years from e*piration of license. Section ./. )valuation of Performance of Agencies. * The Administration shall underta)e the annual evaluation and rating of the performance of licensed agencies to determine the merits of their continued participation in the overseas employment program ta)ing into consideration compliance with laws and regulations and such other criteria as it may deem proper. Section .3. Classification and Ran-ing. * The Administration may underta)e the classification and ran)ing of agencies. !n recognition of e*emplary performance, it may underta)e schemes for incentives and rewards.
4)
2or1ersF Jees, Art. =4
A T. 4.. 1ees to be paid by #or-ers. - Any person applying with a private fee-charging employment agency for employment
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assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of "abor shall promulgate a schedule of allowable fees.
=) (e ortsBEm lo/ment 'n&ormation, Arts. ==, "@ (d)
public health or morality or to the dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor or by his duly authori(ed representatives< ,h1 To fail to file reports on the status of employment, placement vacancies, remittance of foreign e*change earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of "abor. ,i1 To substitute or alter employment contracts approved and verified by the 2epartment of "abor from the time of actual signing thereof by the parties up to and including the periods of e*piration of the same without the approval of the Secretary of "abor< ,j1 To become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency< and ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under this Code and its implementing rules and regulations.
?) 'lle!al (ecruitment, Art. =$; Sec. A, (A $:@4
A T. 44. Reports on employment status. Ahenever the public interest requires, the Secretary of "abor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment, including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions and other employment data. A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,d1 To require any person, establishment, organi(ation or institution to submit such employment information as may be prescribed by the Secretary of "abor.
@) Prohibited Practices, Art. =@
A T. 40. Prohibited practices. - !t shall be unlawful for any individual, entity, licensee, or holder of authority; ,a1 To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of "abor, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the wor)er from oppressive terms and conditions of employment< ,e1 To influence or to attempt to influence any person or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment or placement of wor)ers in jobs harmful to
A T. 4>. (llegal recruitment. - ,a1 Any recruitment activities, including the prohibited practices enumerated under Article 40 of this Code, to be underta)en by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 48 of this Code. The 2epartment of "abor and #mployment or any law enforcement officer may initiate complaints under this Article. ,b1 !llegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penali(ed in accordance with Article 48 hereof. !llegal recruitment is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring andHor confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. !llegal recruitment is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. ,c1 The Secretary of "abor and #mployment or his duly authori(ed representatives shall have the power to cause the arrest and
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detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further e*ploitation of jobsee)ers. The Secretary shall order the search of the office or premises and sei(ure of documents, paraphernalia, properties and other implements used in illegal recruitment activities and the closure of companies, establishments and entities found to be engaged in the recruitment of wor)ers for overseas employment, without having been licensed or authori(ed to do so.
A) En&orcement a) (e!ulator/ Power, Art. =A
wages, death and disability compensation and repatriation< ,01 Shall guarantee compliance with the e*isting labor and social legislations of the 5hilippines and of the country of employment of recruited wor)ers< and ,/1 Shall assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement<
e. ") Jurisdiction (TC o,er Criminal Action arisin! (ecruitment, (A 8o. $:@4, Sec. # &rom 'lle!al
A T. 43. Regulatory po#er. - The Secretary of "abor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authori(ed to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.
b) c) (ule-Ca1in! Power, Art. =A 9isitorial Power, Art. =%
S#C. 8. D#+B#. - A criminal action arising from illegal recruitment as defined herein shall be filed with the egional Trial Court of the province or city where the offense was committed or where the offended party actually resides at the same time of the commission of the offense; 5rovided, That the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. 5rovided, however, That the aforestated provisions shall also apply to those criminal actions that have already been filed in court at the time of the effectivity of this Act.
4) LA o,er Cone/ Claims, (A $:@4, Sec. ":
A T. 46. "isitorial Po#er. - The Secretary of "abor or his duly authori(ed representatives may, at any time, inspect the premises, boo)s of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.
%) Joint and Se,eral Liabilit/ o& A!ent and Princi al, P+EA (ules, Boo1 '', (ule '', Sec. " (&)
S#C. -7. ='+#I C"A!=S. &otwithstanding any provision of law to the contrary, the "abor Arbiters of the +ational "abor elations Commission ,+" C1 shall have the priginal and e*clusive jurisdiction to hear and decide, within ninety ,871 calendar days after filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas deployment including claims for actual, moral, e*emplary and other forms of damages. The liability of the principalHemployer and the recruitmentHplacement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitmentHplacement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the wor)ers. !f the recruitmentHplacement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or
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Section -. Re0uirements for (ssuance of License. - #very applicant for license to operate a private employment agency or manning agency shall submit a written application together with the following requirements; f. A verified underta)ing stating that the applicant; ,-1 Shall select only medically and technically qualified recruits< ,.1 Shall assume full and complete responsibility for all claims and liabilities which may arise in connection with the use of license< ,41 Shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection with the implementation of the contract, including but not limited to payment of

modification made locally or in a foreign country of the said contract. Any compromiseHamicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four ,01 months from the approval of the settlement by the appropriate authority. !n case of termination of overseas employment without just, valid or authori(ed cause as defined by law or contract, the wor)ers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent ,-.K1 per annum, plus his salaries for the une*pired portion of his employment contract or for three ,41 months for every year of the une*pired term, whichever is less. +on-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties; ,a1 The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith< ,b1 Suspension for not more than ninety ,871 days< or ,c1 2ismissal from the service with disqualifications to hold any appointive public office for five ,/1 years. 5rovided, however, that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other e*isting laws or rules and regulations as a consequence of violating the provisions of this paragraph.
=) P+EA o,er Administrati,e Cases a) Pre-em lo/ment Cases, +mnibus rules 'm l. (A 8o. $:@4, Sec. 4$ (a)
A T. -.. +tatement of ob,ectives. - !t is the policy of the State; f1 To strengthen the networ) of public employment offices and rationali(e the participation of the private sector in the recruitment and placement of wor)ers, locally and overseas, to serve national development objectives< A T. -0. )mployment promotion. - The Secretary of "abor shall have the power and authority; ,a1 To organi(e and establish new employment offices in addition to the e*isting employment offices under the 2epartment of "abor as the need arises< #' +o. .06, Sec. 4. Po#ers and 1unctions. * !n the pursuit of its mandate, the Administration shall have the following powers and functions; ,a1 egulate private sector participation in the recruitment and overseas placement of wor)ers by setting up a licensing and registration system< ,b1 Cormulate and implement, in coordination with appropriate entities concerned, when necessary, a system for promoting and monitoring the overseas employment of Cilipino wor)ers ta)ing into consideration their welfare and the domestic manpower requirements< ,c1 5rotect the rights of Cilipino wor)ers for overseas employment to fair and equitable recruitment and employment practices and ensure their welfare< ,d1 #*ercise original and e*clusive jurisdiction to hear and decide all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas employment including the disciplinary cases< and all preemployment cases which are administrative in character involving or arising out of violation or requirement laws, rules and regulations including money claims arising therefrom, or violation of the conditions for issuance of license or authority to recruit wor)ers. All prohibited recruitment activities and practices which are penal in character as enumerated and defined under and by virtue of e*isting laws, shall be prosecuted in the regular courts in close coordination with the appropriate 2epartments and agencies concerned< ,e1 =aintain a registry of s)ills for overseas placement<
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Sec. 28. C/ri&3iction o' t0e #!EA. % T0e #!EA &0477 e;erci&e ori9in47 4n3 e;c7/&i.e </ri&3iction to 0e4r 4n3 3eci3e: (4) 477 c4&e&, 20ic0 4re 436ini&tr4ti.e in c04r4cter, in.o7.in9 or 4ri&in9 o/t o' .io74tion& o' r/7e& 4n3 re9/74tion& re74tin9 to 7icen&in9 4n3 re9i&tr4tion o' recr/it6ent 4n3 e617o-6ent 49encie& or entitie&> 4n3
b) 5isci linar/ Cases, Sec. 4$ (b)
(5) 3i&ci17in4r- 4ction c4&e& 4n3 ot0er &1eci47 c4&e&, 20ic0 4re 436ini&tr4ti.e in c04r4cter, in.o7.in9 e617o-er&, 1rinci147&, contr4ctin9 14rtner& 4n3 *i7i1ino 6i9r4nt 2or8er&.
=. Public Sector A!encies M Em lo/ment +&&ices, Art. "4 (&); "@ (a); Sec. =, (eor!anizin! P+EA (E+ 8o. 4@%); P+EA (ules

,f1 ecruit and place wor)ers to service the requirements for trained and competent Cilipino wor)ers by foreign governments and their instrumentalities and such other employers as public interest may require< ,g1 5romote the development of s)ills and careful selection of Cilipino wor)ers< ,h1 Bnderta)e overseas mar)et development activities for placement of Cilipino wor)ers< ,i1 Secure the best terms and conditions of employment of Cilipino contract wor)ers and ensure compliance therewith< ,j1 5romote and protect the well-being of Cilipino wor)ers overseas< ,)1 2evelop and implement programs for the effective monitoring of returning contract wor)ers, promoting their retraining and re-employment or their smooth re-integration into the mainstream of national economy in coordination with other government agencies< ,l1 !nstitute a system for ensuring fair and speedy disposition of cases involving violation or recruitment rules and regulations as well as violation of terms and conditions of overseas employment< ,m1 #stablish a system for speedy and efficient enforcement of decisions laid down through the e*ercise of its adjudicatory function< ,n1 #stablish and maintain close relationship and enter into joint projects with the 2epartment of Coreign Affairs, 5hilippine Tourism Authority, =anila !nternational Airport Authority, 2epartment of @ustice, 2epartment of &udget and =anagement and other relevant government entities, in the pursuit of its objectives. The Administration shall also establish and maintain joint projects with private organi(ations, domestic or foreign, in the furtherance of its objectives.
@. Sanctions, Arts. =?, =# (a) (b) (c) (d) (e); (A $:@4, Secs. A , %, ":
provisions of this and other applicable laws, :eneral 'rders and "etters of !nstructions.
A T. 48. Penalties. - ,a1 The penalty of life imprisonment and a fine of 'ne 9undred Thousand 5esos ,5-777,777.771 shall be imposed if illegal recruitment constitutes economic sabotage as defined herein< ,b1 Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than 5-7,777 nor more than 5/7,777, or both such imprisonment and fine, at the discretion of the court< ,c1 Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than 5.7,777 nor more than 5-77,777 or both such imprisonment and fine, at the discretion of the court< ,d1 !f the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation< and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings< ,e1 !n every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the 'verseas #mployment 2evelopment &oard or the +ational Seamen &oard, as the case may be, both of which are authori(ed to use the same e*clusively to promote their objectives.
a. Local Em lo/ment, Art. =# (SEE AB+9E) b. $:@4, Sec. % +,erseas Em lo/ment, Art. =?; (A
(SEE AB+9E J+( A(T. =?)
A T. 4/. +uspension and2or cancellation of license or authority. - The =inister of "abor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules and regulations issued by the =inistry of "abor, the 'verseas #mployment 2evelopment &oard, or for violation of the
Sec. 3. 2#C!+!T!'+S. - Cor purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utili(ing, hiring, procuring wor)ers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when underta)en by a non-license or non-holder of authority contemplated under Article -4,f1 of 5residential 2ecree +o. 00., as
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amended, otherwise )nown as the "abor Code of the 5hilippines. 5rovided, that such non-license or nonholder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. !t shall li)ewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. ,a1 To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of "abor and #mployment, or to ma)e a wor)er pay any amount greater than that actually received by him as a loan or advance< ,b1 To furnish or publish any false notice or information or document in relation to recruitment or employment< ,c1 To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the "abor Code< ,d1 To induce or attempt to induce a wor)er already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a wor)er from oppressive terms and conditions of employment< ,e1 To influence or attempt to influence any persons or entity not to employ any wor)er who has not applied for employment through his agency< ,f1 To engage in the recruitment of placement of wor)ers in jobs harmful to public health or morality or to dignity of the epublic of the 5hilippines< ,g1 To obstruct or attempt to obstruct inspection by the Secretary of "abor and #mployment or by his duly authori(ed representative< ,h1 To fail to submit reports on the status of employment, placement vacancies, remittances of foreign e*change earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of "abor and #mployment< ,i1 To substitute or alter to the prejudice of the wor)er, employment contracts approved and verified by the 2epartment of "abor and #mployment from the time of actual signing thereof by the parties up to and including the period of the e*piration of the same without the approval of the 2epartment of "abor and #mployment< ,j1 Cor an officer or agent of a recruitment or placement agency to become an officer or member of the &oard of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency< ,)1 To withhold or deny travel documents from applicant wor)ers before departure for monetary or financial considerations other than those authori(ed under the "abor Code and its implementing rules and regulations< ,l1 Cailure to actually deploy without valid reasons as determined by the 2epartment of "abor and #mployment< and ,m1 Cailure to reimburse e*penses incurred by the wor)ers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually ta)e place without the wor)erJs fault. !llegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. !llegal recruitment is deemed committed by a syndicate carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons individually or as a group. The persons criminally liable for the above offenses are the principals, accomplices and accessories. !n case of juridical persons, the officers having control, management or direction of their business shall be liable. S#C. 6. 5#+A"T!#S ,a1 Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than si* ,31 years and one ,-1 day but not more than twelve ,-.1 years and a fine not less than two hundred thousand pesos ,5.77,777.771 nor more than five hundred thousand pesos ,5/77,777.771. ,b1 The penalty of life imprisonment and a fine of not less than five hundred thousand pesos ,5/77,777.771 nor more than one million pesos ,5-,777,777.771 shall be imposed if illegal recruitment constitutes economic sabotage as defined herein. 5rovided, however, that the ma*imum penalty shall be imposed if the person illegally recruited is less than eighteen ,->1 years of age or committed by a nonlicensee or non-holder of authority. S#C. -7. ='+#I C"A!=S. - +otwithstanding any provision of law to the contrary, the "abor Arbiters of the +ational "abor elations Commission ,+" C1 shall have the priginal and e*clusive jurisdiction to hear and decide, within ninety ,871 calendar days after filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Cilipino wor)ers for overseas deployment including claims for actual, moral, e*emplary and other forms of damages. The liability of the principalHemployer and the recruitmentHplacement agency for any and all claims under this section shall be joint and several. This provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitmentHplacement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the wor)ers. !f the recruitmentHplacement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages. Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.
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Any compromiseHamicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four ,01 months from the approval of the settlement by the appropriate authority. !n case of termination of overseas employment without just, valid or authori(ed cause as defined by law or contract, the wor)ers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent ,-.K1 per annum, plus his salaries for the une*pired portion of his employment contract or for three ,41 months for every year of the une*pired term, whichever is less. +on-compliance with the mandatory periods for resolutions of cases provided under this section shall subject the responsible officials to any or all of the following penalties; ,a1 The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be, or caused to be, withheld until the said official complies therewith< ,b1 Suspension for not more than ninety ,871 days< or ,c1 2ismissal from the service with disqualifications to hold any appointive public office for five ,/1 years. 5rovided, however, that the penalties herein provided shall be without prejudice to any liability which any such official may have incurred under other e*isting laws or rules and regulations as a consequence of violating the provisions of this paragraph.
?. 'ssues Em lo/ment and Luestions on +,erseas A. Tra&&ic1in! in Persons, (A #4:$ and (ules and (e!ulations 'm lementin! (A #4:$
Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& =etro =anila T2e7't0 Con9re&& Secon3 Re9/74r Se&&ion
&egun held in =etro =anila on =onday, the twenty-second day of @uly, two thousand two Re1/57ic Act No. 9208 $4- 26, 2003
AN ACT T! INSTIT"TE #!(ICIES T! E(I$INATE TRA**ICEIN) IN #ERS!NS ES#ECIA((D A!$EN AN C+I( REN, ESTA,(IS+IN) T+E NECESSARD INSTIT"TI!NA( $EC+ANIS$S *!R T+E #R!TECTI!N AN S"##!RT !* TRA**ICEE #ERS!NS, #R!@I IN) #ENA(TIES *!R ITS @I!(ATI!NS, AN *!R !T+ER .e it enacted by the +enate and the 5ouse of Representatives of the Philippines in Congress assembled; Section 1. Title. This Act shall be )nown as the FAnti%Tr4''ic8in9 in #er&on& Act o' 2003F. Section 2. Declaration of Policy. !t is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. !n pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and e*ploitation, eliminate traffic)ing in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support traffic)ed persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. !t shall be a State policy to recogni(e the equal rights and inherent human dignity of women and men as enshrined in the Bnited +ations Bniversal 2eclaration on 9uman ights, Bnited +ations Convention on the ights of the Child, Bnited +ations Convention on the 5rotection of
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(eadin!s7 Soriano, Ca. Teresa C., Implications of International Migration, A Focus on the Philippine Experience , PL(, 9ol 4:. 8o. 4 ("##A) Qin!, Amelia C., Social and Economic Benefits and Costs , PL(, 9ol. #, 8o. " ("#$?). Licuanan, Patricia B. Katas ng Saudi, a closer loo1. PL( 9ol. #, 8o. " ("#$?).

=igrant Aor)ers and their Camilies. Bnited +ations Convention Against Transnational 'rgani(ed Crime !ncluding its 5rotocol to 5revent, Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the 5hilippines is a signatory. Section 3. Definition of Terms. - As used in this Act; ,a1 Traffic-ing in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victimJs consent or )nowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, ta)ing advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of e*ploitation which includes at a minimum, the e*ploitation or the prostitution of others or other forms of se*ual e*ploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of e*ploitation shall also be considered as Mtraffic)ing in personsM even if it does not involve any of the means set forth in the preceding paragraph. ,b1 Child - refers to a person below eighteen ,->1 years of age or one who is over eighteen ,->1 but is unable to fully ta)e care of or protect himselfHherself from abuse, neglect, cruelty, e*ploitation, or discrimination because of a physical or mental disability or condition. ,c1 Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for se*ual intercourse or lascivious conduct in e*change for money, profit or any other consideration. ,d1 1orced Labor and +lavery - refer to the e*traction of wor) or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. ,e1 +e4 Tourism - refers to a program organi(ed by travel and tourism-related establishments and individuals which consists of tourism pac)ages or activities, utili(ing and offering escort and se*ual services as enticement for tourists. This includes se*ual services and practices offered during rest and recreation periods for members of the military. ,f1 +e4ual )4ploitation - refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victimJs vulnerability. ,g1 Debt .ondage - refers to the pledging by the debtor of hisHher personal services or labor or those of a person under hisHher control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. ,h1 Pornography - refers to any representation, through publication, e*hibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated e*plicit se*ual activities or any representation of the se*ual parts of a person for primarily se*ual purposes. ,i1 Council - shall mean the !nter-Agency Council Against Traffic)ing created under Section .7 of this Act. Section 4. Acts of Traffic-ing in Persons. - !t shall be unlawful for any person, natural or juridical, to commit any of the following acts; ,a1 To recruit, transport, transfer< harbor, provide, or receive a person by any means, including those done under the prete*t of domestic or overseas employment or training or apprenticeship, for the purpose of
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prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,b1 To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under epublic Act +o. 38//, any Cilipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading himHher to engage in prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se*ual e*ploitation, forced labor or slavery, involuntary servitude or debt bondage< ,d1 To underta)e or organi(e tours and travel plans consisting of tourism pac)ages or activities for the purpose of utili(ing and offering persons for prostitution, pornography or se*ual e*ploitation< ,e1 To maintain or hire a person to engage in prostitution or pornography< ,f1 To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,g1 To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person< and ,h1 To recruit, transport or adopt a child to engage in armed activities in the 5hilippines or abroad. Section 5. Acts that Promote Traffic-ing in Persons. - The following acts which promote or facilitate traffic)ing in persons, shall be unlawful; ,a1 To )nowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting traffic)ing in persons< ,b1 To produce, print and issue or distribute unissued, tampered or fa)e counseling certificates, registration stic)ers and certificates of any government agency which issues these certificates and stic)ers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting traffic)ing in persons< ,c1 To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes traffic)ing in persons< ,d1 To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary e*it documents from government agencies that are mandated to provide predeparture registration and services for departing persons for the purpose of promoting traffic)ing in persons< ,e1 To facilitate, assist or help in the e*it and entry of persons fromHto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting traffic)ing in persons< ,f1 To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic)ed persons in furtherance of traffic)ing or to prevent them from leaving the country or see)ing redress from the government or appropriate agencies< and ,g1 To )nowingly benefit from, financial or otherwise, or ma)e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. Section 6. 6ualified Traffic-ing in Persons. The following are considered as qualified traffic)ing; ,a1 Ahen the traffic)ed person is a child<
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,b1 Ahen the adoption is effected through epublic Act +o. >704, otherwise )nown as the M!nter-Country Adoption Act of -88/M and said adoption is for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 Ahen the crime is committed by a syndicate, or in large scale. Traffic)ing is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons, individually or as a group< ,d1 Ahen the offender is an ascendant, parent, sibling, guardian or a person who e*ercises authority over the traffic)ed person or when the offense is committed by a public officer or employee< ,e1 Ahen the traffic)ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies< ,f1 Ahen the offender is a member of the military or law enforcement agencies< and ,g1 Ahen by reason or on occasion of the act of traffic)ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with 9uman !mmunodeficiency Dirus ,9!D1 or the Acquired !mmune 2eficiency Syndrome ,A!2S1. Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recogni(e the right to privacy of the traffic)ed person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the traffic)ed person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. !n cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utili(ing tri-media facilities or information technology to cause publicity of any case of traffic)ing in persons. Section 8. Prosecution of Cases. - Any person who has personal )nowledge of the commission of any offense under this Act, the traffic)ed person, the parents, spouse, siblings, children or legal guardian may file a complaint for traffic)ing. Section 9. "enue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the traffic)ed person actually resides at the time of the commission of the offense; Provided, That the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. Section 10. Penalties and +anctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act; ,a1 Any person found guilty of committing any of the acts enumerated in Section 0 shall suffer the penalty of imprisonment of twenty ,.71 years and a fine of not less than 'ne million pesos ,5-,777,777.771 but not more than Two million pesos ,5.,777,777.771< ,b1 Any person found guilty of committing any of the acts enumerated in Section / shall suffer the penalty of imprisonment of fifteen ,-/1 years and a fine of not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771< ,c1 Any person found guilty of qualified traffic)ing under Section 3 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos ,5.,777,777.771 but not more than Cive million pesos ,5/,777,777.771< ,d1 Any person who violates Section 6 hereof shall suffer the penalty of imprisonment of si* ,31 years and a fine of not less than Cive hundred thousand
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pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771< ,e1 !f the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, andHor any responsible officer who participated in the commission of the crime or who shall have )nowingly permitted or failed to prevent its commission< ,f1 The registration with the Securities and #*change Commission ,S#C1 and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revo)ed permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name< ,g1 !f the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country< ,h1 Any employee or official of government agencies who shall issue or approve the issuance of travel e*it clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. 9isHher retirement and other benefits shall li)ewise be forfeited< and ,i1 Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Section 11. 3se of Traffic-ed Persons. - Any person who buys or engages the services of traffic)ed persons for prostitution shall be penali(ed as follows; ,a1 Cirst offense - si* ,31 months of community service as may be determined by the court and a fine of Cifty thousand pesos ,5/7,777.771< and ,b1 Second and subsequent offenses imprisonment of one ,-1 year and a fine of 'ne hundred thousand pesos ,5-77,777.771. Section 12. Prescriptive Period. - Traffic)ing cases under this Act shall prescribe in ten ,-71 years; Provided$ ho#ever$ That traffic)ing cases committed by a syndicate or in a large scale as defined under Section 3 shall prescribe in twenty ,.71 years. The prescriptive period shall commence to run from the day on which the traffic)ed person is delivered or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Section 13. )4emption from 1iling 1ees. - Ahen the traffic)ed person institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from the payment of filing fees. Section 14. Confiscation and 1orfeiture of the Proceeds and (nstruments Derived from Traffic-ing in Persons. - !n addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the crime, unless they are the property of a third person not liable for the unlawful act< Provided$ ho#ever$ That all awards for damages shall be ta)en from the personal and separate properties of the offender< Provided$ further$ That if such properties are insufficient, the balance shall be ta)en from the confiscated and forfeited properties. Ahen the proceeds, properties and instruments of the offense have been destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or instruments of the offense.
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Section 15. Trust 1und. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to Section -0 hereof shall accrue to a Trust Cund to be administered and managed by the Council to be used e*clusively for programs that will prevent acts of traffic)ing and protect, rehabilitate, reintegrate traffic)ed persons into the mainstream of society. Such programs shall include, but not limited to, the following; ,a1 5rovision for mandatory services set forth in Section .4 of this Act< ,b1 Sponsorship of a national research program on traffic)ing and establishment of a data collection system for monitoring and evaluation purposes< ,c1 5rovision of necessary technical and material support services to appropriate government agencies and nongovernment organi(ations ,+:'s1< ,d1 Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, +:'s and international organi(ations< and ,e1 5romotion of information and education campaign on traffic)ing. Section 16. Programs that Address Traffic-ing in Persons. - The government shall establish and implement preventive, protective and rehabilitative programs for traffic)ed persons. Cor this purpose, the following agencies are hereby mandated to implement the following programs< ,a1 2epartment of Coreign Affairs ,2CA1 - shall ma)e available its resources and facilities overseas for traffic)ed persons regardless of their manner of entry to the receiving country, and e*plore means to further enhance its assistance in eliminating traffic)ing activities through closer networ)ing with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs. The 2CA shall ta)e necessary measures for the efficient implementation of the =achine eadable 5assports to protect the integrity of 5hilippine passports, visas and other travel documents to reduce the incidence of traffic)ing through the use of fraudulent identification documents. !t shall establish and implement a premarriage, on-site and pre-departure counseling program on intermarriages. ,b1 2epartment of Social Aelfare and 2evelopment ,2SA21 - shall implement rehabilitative and protective programs for traffic)ed persons. !t shall provide counseling and temporary shelter to traffic)ed persons and develop a system for accreditation among +:'s for purposes of establishing centers and programs for intervention in various levels of the community. ,c1 2epartment of "abor and #mployment ,2'"#1 - shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally and overseas. !t shall li)ewise monitor, document and report cases of traffic)ing in persons involving employers and labor recruiters. ,d1 2epartment of @ustice ,2'@1 - shall ensure the prosecution of persons accused of traffic)ing and designate and train special prosecutors who shall handle and prosecute cases of traffic)ing. !t shall also establish a mechanism for free legal assistance for traffic)ed persons, in coordination with the 2SA2, !ntegrated &ar of the 5hilippines ,!&51 and other +:'s and volunteer groups. ,e1 +ational Commission on the ole of Cilipino Aomen ,+C CA1 - shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of traffic)ing in persons in coordination with relevant government agencies. !t shall li)ewise advocate for the inclusion of the issue of traffic)ing in persons in both its local and international advocacy for womenJs issues. ,f1 &ureau of !mmigration ,&!1 - shall strictly administer and enforce immigration and alien administration laws. !t shall adopt measures for the apprehension of suspected traffic)ers both at the place of arrival and departure and shall ensure compliance by the Cilipino fiancNsHfiancNes and
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spouses of foreign nationals with the guidance and counseling requirement as provided for in this Act. ,g1 5hilippine +ational 5olice ,5+51 shall be the primary law enforcement agency to underta)e surveillance, investigation and arrest of individuals or persons suspected to be engaged in traffic)ing. !t shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffic)ers. !t shall also establish a system to receive complaints and calls to assist traffic)ed persons and conduct rescue operations. ,h1 5hilippine 'verseas #mployment Administration ,5'#A1 - shall implement an effective pre-employment orientation seminars and pre-departure counseling programs to applicants for overseas employment. !t shall li)ewise formulate a system of providing free legal assistance to traffic)ed persons. ,i1 2epartment of the !nterior and "ocal :overnment ,2!":1 - shall institute a systematic information and prevention campaign and li)ewise maintain a databan) for the effective monitoring, documentation and prosecution of cases on traffic)ing in persons. ,j1 "ocal government units ,":Bs1 - shall monitor and document cases of traffic)ing in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. They shall also underta)e an information campaign against traffic)ing in persons through the establishment of the =igrants Advisory and !nformation +etwor) ,=A!+1 des)s in municipalities or provinces in coordination with 2!":, 5hilippine !nformation Agency ,5!A1, Commission on Cilipinos 'verseas ,CC'1, +:'s and other concerned agencies. They shall encourage and support community based initiatives which address the traffic)ing in persons. !n implementing this Act, the agencies concerned may see) and enlist the assistance of +:'s, peopleJs organi(ations ,5os1, civic organi(ations and other volunteer groups. Section 17. Legal Protection to Traffic-ed Persons. - Traffic)ed persons shall be recogni(ed as victims of the act or acts of traffic)ing and as such shall not be penali(ed for crimes directly related to the acts of traffic)ing enumerated in this Act or in obedience to the order made by the traffic)er in relation thereto. !n this regard, the consent of a traffic)ed person to the intended e*ploitation set forth in this Act shall be irrelevant. Section 18. Preferential )ntitlement 3nder the %itness Protection Program. - Any provision of epublic Act +o. 38>- to the contrary notwithstanding, any traffic)ed person shall be entitled to the witness protection program provided therein. Section 19. Traffic-ed Persons %ho are 1oreign Nationals. - Subject to the guidelines issued by the Council, traffic)ed persons in the 5hilippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to traffic)ed persons under this Act; Provided, That they shall be permitted continued presence in the 5hilippines for a length of time prescribed by the Council as necessary to effect the prosecution of offenders. Section 20. (nter*Agency Council Against Traffic-ing. - There is hereby established an !nter-Agency Council Against Traffic)ing, to be composed of the Secretary of the 2epartment of @ustice as Chairperson and the Secretary of the 2epartment of Social Aelfare and 2evelopment as Co-Chairperson and shall have the following as members; ,a1 Secretary, 2epartment of Coreign Affairs< ,b1 Secretary, 2epartment of "abor and #mployment< ,c1 Administrator, 5hilippine 'verseas #mployment Administration< ,d1 Commissioner, &ureau of !mmigration< ,e1 2irector-:eneral, 5hilippine +ational 5olice< ,f1 Chairperson, +ational Commission on the ole of Cilipino Aomen< and ,g1 Three ,41 representatives from +:'s, who shall be composed of one ,-1 representative each from among the sectors representing women, overseas
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Cilipino wor)ers ,'CAs1 and children, with a proven record of involvement in the prevention and suppression of traffic)ing in persons. These representatives shall be nominated by the government agency representatives of the Council, for appointment by the 5resident for a term of three ,41 years. The members of the Council may designate their permanent representatives who shall have a ran) not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the Council in accordance with e*isting budget and accounting, rules and regulations. Section 21. 1unctions of the Council. - The Council shall have the following powers and functions; ,a1 Cormulate a comprehensive and integrated program to prevent and suppress the traffic)ing in persons< ,b1 5romulgate rules and regulations as may be necessary for the effective implementation of this Act< ,c1 =onitor and oversee the strict implementation of this Act< ,d1 Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to traffic)ing in persons< ,e1 Coordinate the conduct of massive information dissemination and campaign on the e*istence of the law and the various issues and problems attendant to traffic)ing through the ":Bs, concerned agencies, and +:'s< ,f1 2irect other agencies to immediately respond to the problems brought to their attention and report to the Council on action ta)en< ,g1 Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act< ,h1 Cormulate a program for the reintegration of traffic)ed persons in cooperation with 2'"#, 2SA2, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, Commission on 9igher #ducation ,C9#21, ":Bs and +:'s< ,i1 Secure from any department, bureau, office, agency, or instrumentality of the government or from +:'s and other civic organi(ations such assistance as may be needed to effectively implement this Act< ,j1 Complement the shared government information system for migration established under epublic Act +o. >70., otherwise )nown as the M=igrant Aor)ers and 'verseas Cilipinos Act of -88/M with data on cases of traffic)ing in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of traffic)ing in persons which shall form the basis for policy formulation and program direction< ,)1 2evelop the mechanism to ensure the timely, coordinated, and effective response to cases of traffic)ing in persons< ,l1 ecommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral andHor multilateral arrangements to prevent and suppress international traffic)ing in persons< ,m1 Coordinate with the 2epartment of Transportation and Communications ,2'TC1, 2epartment of Trade and !ndustry ,2T!1, and other +:'s in monitoring the promotion of advertisement of traffic)ing in the internet< ,n1 Adopt measures and policies to protect the rights and needs of traffic)ed persons who are foreign nationals in the 5hilippines< ,o1 !nitiate training programs in identifying and providing the necessary intervention or assistance to traffic)ed persons< and ,p1 #*ercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act. Section 22. +ecretariat to the Council. - The 2epartment of @ustice shall establish the necessary Secretariat for the Council.
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Section 23. 'andatory +ervices to Traffic-ed Persons. - To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall ma)e available the following services to traffic)ed persons; ,a1 #mergency shelter or appropriate housing< ,b1 Counseling< ,c1 Cree legal services which shall include information about the victimsJ rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the traffic)ed person< ,d1 =edical or psychological services< ,e1 "ivelihood and s)ills training< and ,f1 #ducational assistance to a traffic)ed child. Sustained supervision and follow through mechanism that will trac) the progress of recovery, rehabilitation and reintegration of the traffic)ed persons shall be adopted and carried out. Section 24. &ther +ervices for Traffic-ed Persons. ,a1 Legal Assistance. - Traffic)ed persons shall be considered under the category M'verseas Cilipino in 2istressM and may avail of the legal assistance created by epublic Act +o. >70., subject to the guidelines as provided by law. ,b1 &verseas 1ilipino Resource Centers. - The services available to overseas Cilipinos as provided for by epublic Act +o. >70. shall also be e*tended to traffic)ed persons regardless of their immigration status in the host country. ,c1 The Country Team Approach. - The country team approach under #*ecutive 'rder +o. 60 of -884, shall be the operational scheme under which 5hilippine embassies abroad shall provide protection to traffic)ed persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned. Section 25. Repatriation of Traffic-ed Persons. * The 2CA, in coordination with 2'"# and other appropriate agencies, shall have the primary responsibility for the repatriation of traffic)ed persons, regardless of whether they are documented or undocumented. !f, however, the repatriation of the traffic)ed persons shall e*pose the victims to greater ris)s, the 2CA shall ma)e representation with the host government for the e*tension of appropriate residency permits and protection, as may be legally permissible in the host country. Section 26. )4tradition. * The 2'@, in consultation with 2CA, shall endeavor to include offenses of traffic)ing in persons among e*traditable offenses. Section 27. Reporting Re0uirements. * The Council shall submit to the 5resident of the 5hilippines and to Congress an annual report of the policies, programs and activities relative to the implementation of this Act. Section 28. 1unding. * The heads of the departments and agencies concerned shall immediately include in their programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the annual :eneral Appropriations Act. Section 29. (mplementing Rules and Regulations. * The Council shall promulgate the necessary implementing rules and regulations within si*ty ,371 days from the effectivity of this Act. Section 30. Non*restriction of 1reedom of +peech and of Association$ Religion and the Right to Travel. * +othing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Section 31. +eparability Clause. * !f, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Section 32. Repealing clause. * All laws, presidential decrees, e*ecutive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly; Provided, That this Act shall not in any way amend or repeal the provision of epublic Act +o. 63-7, otherwise )nown as the MSpecial 5rotection of Children
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Against Child Abuse, #*ploitation and 2iscrimination ActM. ,iii1 Section 33. )ffectivity. * This Act shall ta)e effect fifteen ,-/1 days from the date of its complete publication in at least two ,.1 newspapers of general circulation. ,iv1 ,v1 ,vi1 #*ploitation of the 5rostitution of 'thers< Convention on the #limination of All Corms of 2iscrimination Against Aomen< Convention on the ights of the Child and its'ptional 5rotocols< Convention on the 5rotection of =igrant Aor)ers and =embers of their Camilies< Convention Against Transnational 'rgani(edCrimes including its 5rotocol to 5revent,Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children< !"' Convention +o. ->. ,Convention Concerning the 5rohibition and !mmediate Action for the #limination of the Aorst Corms of Child "abor1< and All other relevant and universally accepted human rights instruments and other international conventions to which the 5hilippines is a State 5arty. !n all actions concerning children, their best interests shall be the paramount consideration.
R"(ES AN RE)"(ATI!NS I$#(E$ENTIN) RE#",(IC ACT N!. 9208, !T+ERAISE EN!AN AS T+E GANTI%TRA**ICEIN) IN #ERS!NS ACT !* 2003H
5ursuant to the authority of the !nter-Agency Council Against Traffic)ing ,!ACAT1 under Section .8 of epublic Act +o. 8.7> otherwise )nown as the FAnti-Traffic)ing in 5ersons Act of .774G, the following rules and regulations are hereby promulgated to implement the provisions of said Act; Artic7e I )ENERA( #R!@ISI!NS Sec. -. Title. These rules and regulations shall be )nown and cited as FThe ules and egulations !mplementing the Anti-Traffic)ing in 5ersons Act of .774G. Sec. .. urpose. These rules and regulations are hereby promulgated to institute policies, establish the institutional mechanism for the support and protection of traffic)ed persons and prescribe the procedures and guidelines for the implementation of epublic Act +o. 8.7> in order to facilitate compliance therewith and achieve the objectives thereof. Sec. 4. Declaration of !tate olicy. The State values the dignity of every human person and guarantees the respect for individual rights. Towards this end, the State shall give the highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and e*ploitation, eliminate traffic)ing in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support traffic)ed persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. The State also recogni(es the equal rights and inherent human dignity of women and men, as well as the rights of children, as enshrined and guaranteed in the following international instruments; ,i1 Bniversal 2eclaration on 9uman ights< ,ii1 Convention for the Suppression of the Traffic in 5ersons and
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,viii1
Sec. 0. Construction. These rules and regulations shall be liberally construed in favor of the traffic)ed persons to promote their human dignity< ensure their recovery, rehabilitation and reintegration into the mainstream of society< eliminate traffic)ing in persons< and achieve the objectives of the Act. Artic7e II E*INITI!N !* TER$S Sec. /. Definition of Terms. As used in these rules and regulations, unless the conte*t otherwise requires, the following terms shall be understood to mean; ,a1 Act E refers to epublic Act +o. 8.7>, otherwise )nown as the FAnti-Traffic)ing in 5ersons Act of .774G< ,b1 Council E refers to the !nter-Agency Council Against Traffic)ing ,!ACAT1 created under Section .7 of the Act< ,c1 Traffic-ing in Persons E refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victim?s consent or )nowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, ta)ing advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
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achieve the consent of a person having control over another person for the purpose of e*ploitation which includes at a minimum, the e*ploitation or the prostitution of others or other forms of se*ual e*ploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of e*ploitation shall also be considered as Ftraffic)ing in personsG even if it does not involve any of the means set forth in the preceding paragraph. ,d1 Child E refers to a person below eighteen ,->1 years of age or one who is over eighteen ,->1 but is unable to fully ta)e care of or protect himselfHherself from abuse, neglect, cruelty, e*ploitation, or discrimination because of a physical or mental disability or condition< ,e1 Prostitution E refers to any act, transaction, scheme or design involving the use of a person by another, for se*ual intercourse or lascivious conduct in e*change for money, profit or any other consideration< ,f1 1orced Labor and +lavery E refer to the e*traction of wor) or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception< ,g1 +e4 Tourism E refers to a program organi(ed by travel and tourism-related establishments and individuals which consists of tourism pac)ages or activities, utili(ing and offering escort and se*ual services as enticement for tourists. This includes se*ual services and practices offered during rest and recreation periods for members of the military< ,h1 +e4ual )4ploitation E refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim?s vulnerability< ,i1 Debt .ondage E refers to the pledging by the debtor of hisHher personal services or labor or those of a person under hisHher control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt< ,j1 Pornography E refers to any representation, through publication, e*hibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated e*plicit se*ual activities or any representation of the se*ual parts of a person primarily for se*ual purposes< and ,)1 (nvoluntary +ervitude E refers to a condition of enforced, compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or other forms of abuse or physical restraint, or the abuse or threatened abuse of the legal process. Artic7e III T+E INTER%A)ENCD C!"NCI( A)AINST TRA**ICEIN) (IACAT) Sec. 3. Creation. The !nter-Agency Council Against Traffic)ing ,!ACAT1 shall be established which shall be primarily tas)ed to coordinate, monitor and oversee the implementation of the Act. Sec. 6. Composition. The Council shall be composed of the following; ,a1 Secretary, 2epartment of @ustice ,2'@1 as Chairperson< ,b1 Secretary, 2epartment of Social Aelfare and 2evelopment ,2SA21 as Co-Chairperson< ,c1 Secretary, 2epartment of Coreign Affairs ,2CA1 as =ember< ,d1 Secretary, 2epartment of "abor and #mployment ,2'"#1 as =ember< ,e1 Administrator, 5hilippine 'verseas #mployment Administration ,5'#A1 as =ember< ,f1 Commissioner, &ureau of !mmigration ,&!1 as =ember< ,g1 2irector-:eneral, 5hilippine +ational 5olice ,5+51 as =ember< ,h1 Chairperson, +ational Commission on the ole of Cilipino Aomen ,+C CA1 as =ember< ,i1 'ne ,-1 representative from an +:' representingthe women sector as =ember< ,j1 'ne ,-1 representative from an +:' representing he 'verseas Cilipino Aor)ers ,'CAs1 sector as =ember< and ,)1 'ne ,-1 representative from an +:' representing he children sector as =ember. The members of the Council may designate their permanent representatives who shall have a ran) not lower than an Assistant Secretary or its equivalent to attend the meetings of the Council.
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Sec. >. *ualifications+ !election and Appointment of ,G- and its Representatives. The +:'s, with national and international networ)s, and its representatives to the Council must have a proven trac) record of involvement in the prevention and suppression of traffic)ing in persons. They shall be nominated by any of the government agency representatives of the Council and shall be selected by majority vote thereof and endorsed to the 5resident. They shall be appointed by the 5resident for a term of three ,41 years. Sec. 8. &unctions of the Council. The Council shall have the following powers and functions; ,a1 Cormulate a comprehensive and integrated program to prevent and suppress the traffic)ing in persons< ,b1 5romulgate rules and regulations as may be necessary for the effective implementation of the Act< ,c1 =onitor and oversee the strict implementation of the Act< ,d1 Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to traffic)ing in persons< ,e1 Coordinate the conduct of massive information dissemination and campaign on the e*istence of the law and the various issues and problems attendant to traffic)ing through the local government units ,":Bs1, concerned agencies, and +:'s< ,f1 2irect other agencies to immediately respond to the problems brought to their attention and report to the Council on action ta)en< ,g1 Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of the Act< ,h1 Cormulate a program for the reintegration of traffic)ed persons in cooperation with 2'"#, 2SA2, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, Commission on 9igher #ducation ,C9#21, ":Bs and +:'s< ,i1 Secure from any department, bureau, office, agency, or instrumentality of the government or from +:'s and other civic organi(ations such assistance as may be needed to effectively implement the Act< ,j1 Complement the shared government information system for migration established under epublic Act +o. >70., otherwise )nown as the F=igrant Aor)ers and 'verseas Cilipinos Act of -88/G with data on cases of traffic)ing in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of traffic)ing in persons which shall form the basis for policy formulation and program direction< ,)1 2evelop the mechanism to ensure the timely coordinated and effective response to cases of traffic)ing in persons< ,l1 ecommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral andHor multilateral arrangements to prevent and suppress international traffic)ing in persons< ,m1 Coordinate with the 2epartment of Transportation and Communications ,2'TC1, 2epartment of Trade and !ndustry ,2T!1, and other +:'s in monitoring the promotion of advertisement of traffic)ing in the !nternet< ,n1 Adopt measures and policies to protect the rights and needs of traffic)ed persons who are foreign nationals in the 5hilippines< ,o1 !nitiate training programs in identifying and roviding the necessary intervention or assistance to traffic)ed persons< and ,p1 #*ercise all the powers and perform such other functions necessary to attain the purposes and objectives of the Act. Sec. -7. Reportorial &unction. Aithin si*ty ,371 days after the closing of each calendar year, the Council shall submit to the 'ffice of the 5resident a comprehensive report on the actions and programs ta)en by the Council relative to and concerning the implementation of the Act. Sec. --. .eetings of the Council. The Council shall meet regularly at least once a month. Special meetings may be called by the Chair as the need arises. =ajority of the members of the Council shall constitute a quorum to transact business. Sec. -.. /onoraria or "moluments. The =embers of the Council or their designated permanent representatives shall receive honoraria or emoluments as may be determined by the Council in accordance with e*isting budget and accounting rules and regulations. Sec. -4. 0mplementation of the 'a$ at !ub,ational and 'ocal 'evels. The Council shall, as far as practicable, develop mechanisms to ensure the implementation of the law and these rules and regulations at the sub-national and local levels Artic7e I@ SECRETARIAT S#C. -0. -rgani1ation. The 2epartment of @ustice shall establish a Secretariat to assist the Council in the performance of its functions. The Secretary of @ustice shall determine the
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organi(ational structure and staffing pattern of the Secretariat. Sec. -/. &unctions. The Secretariat shall have the following functions; ,a1 Coordinate and monitor, under the direction of the Council, the implementation of the policies and guidelines promulgated by the Council< ,b1 #stablish, maintain and manage a central database on traffic)ing in persons< ,c1 5rovide secretariat, records )eeping and other services to the Council< and ,d1 5erform such other functions as may be directed by the Council. Artic7e @ R!(ES AN RES#!NSI,I(ITIES ,v1 Conduct training and continuing education program on investigation and prosecution for traffic)ing in persons and other related offenses for prosecutors and law enforcement officers< ,vi1 eceive, evaluate, process and investigate claims for compensation by traffic)ed victims, when applicable, pursuant to epublic Act +o. 6478 ,Dictims Compensation Act1< ,vii1 eview and recommend policies and measures to enhance protection against traffic)ing in persons< ,viii1 ecommend the negotiation of mutual legal assistance and e*tradition treaties with other countries in coordination with the 2CA< and ,i*1 Coordinate with andHor provide assistance to the Anti-=oney "aundering Council ,A="C1 on cases of traffic)ing in persons with possible money laundering underpinnings. ,b1 2epartment of Social Aelfare and 2evelopment ,2SA21 ,i1 5rovide psycho-social counseling, temporary shelter and other support services to victimsHsurvivors of traffic)ing and their families< ,ii1 =a)e available s)ills training and livelihood services to victimsHsurvivors of traffic)ing< ,iii1 2evelop program and other support interventions to facilitate the recovery and reintegration of traffic)ed victims into their families and communities< ,iv1 5rovide social welfare services to Cilipino victims of traffic)ing in other countries through the 2SA2 Social Aelfare AttachN and social wor)ers posted in foreign countries, which may include but not limited to stress management, repatriation and other appropriate psychosocial interventions for their protection and welfare< ,v1 Conduct technical assistance and capability building activities for social welfare officersHsocial wor)ers of ":Bs and +:'s< ,vi1 Accredit +:'s that provide programs and services to ensure that they meet the standards set by the 2epartment< and ,vii1 5rovide temporary shelter and psychosocial services to foreign nationals who are victims of traffic)ing in persons as confirmed by the &ureau of !mmigration. ,c1 2epartment of Coreign Affairs ,2CA1
Sec. -3. Common Roles and Responsibilities of Council .ember Agencies. All member government agencies of the Council shall have the following common roles and responsibilities; ,a1 2evelop policies and programs supportive of and consistent with the objectives of the Act< ,b1 #nhance the capability of its officers and personnel involved in traffic)ing issues and concerns through appropriate training and staff support programs< ,c1 Bnderta)e information, education and advocacy campaigns against traffic)ing in persons< ,d1 =aintain a databan) on traffic)ing in persons to be shared among relevant agencies and complement the central databan) to be established by the Council< and ,e1 2ocument good practices as bases for policy formulation and program development. Sec. -6. !pecific Roles and Responsibilities of ,ational Government Agencies $hich are .embers of the Council. The following national government agencies, which are member agencies of the Council, shall have, but not limited to, the following roles and responsibilities in the prevention and suppression of traffic)ing in persons; ,a1 2epartment of @ustice ,2'@1 ,i1 #nsure the prosecution of persons for violations of the Act< ,ii1 2esignate and train special prosecutors who shall investigate and prosecute cases of traffic)ing< ,iii1 #stablish a mechanism for free legal assistance for traffic)ed persons, in coordination with the 2SA2, Commission on 9uman ights ,C9 1, !ntegrated &ar of the 5hilippines ,!&51 and other +:'s and volunteer groups< ,iv1 5rovide, witness protection to traffic)ed victims and their witnesses<
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,i1 =a)e available its resources and facilities overseas and to provide services for traffic)ed persons regardless of the manner of their entry to the receiving country< ,ii1 #*plore means to further enhance its assistance in eliminating traffic)ing activities through closer networ)ing with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs< ,iii1 Actively participate in bilateral, regional and international initiatives and cooperative arrangements aimed at suppressing traffic)ing in persons and protecting and assisting victims of traffic)ing to include monitoring of inter-country adoption cases. ,iv1 Ta)e necessary measures for the efficient implementation of the =achine eadable 5assports and Disas to protect the integrity of 5hilippine passports, visas, and other travel documents to reduce the incidence of traffic)ing in persons through the use of fraudulent identification documents< ,v1 #stablish and implement pre-marriage, onsite and pre-departure counseling program on inter-marriages. Cor this purpose, the 2CA shall promulgate the necessary guidelines to implement the said program< and ,vi1 !ntegrate into the pre-departure orientation seminars for foreign service personnel a training module on traffic)ing in persons. ,d1 2epartment of "abor and #mployment ,2'"#1 ,i1 #nsure the strict implementation of and compliance with rules and guidelines relative to the employment of persons locally and overseas< and ,ii1 =onitor, document and report cases of traffic)ing in persons involving employers and labor recruiters< ,iii1 =a)e available e*isting resources such as employment and livelihood programs as part of the government?s measure to suppress traffic)ing in persons< and ,iv1 Conduct public awareness programs and activities to prevent victimi(ation. ,e1 5hilippine 'verseas #mployment Administration ,5'#A1 ,i1 !mplement an effective pre-employment orientation seminar and pre-departure counseling program to applicants for overseas employment< ,ii1 Cormulate a system providing free legal assistance to traffic)ed persons which shall include the following; ,a1 5rovision of legal assistance to victims of traffic)ing in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 3 of .A. +o. >70., such as free legal advice, assistance in the preparation and filing of administrative and criminal actions for traffic)ing as defined in the Act, without prejudice to the filing of administrative andHor criminal actions for illegal recruitment, as defined in .A.+o. >70., when proper< ,b1 Assistance in the prosecution of persons who engage in, promote and facilitate traffic)ing in persons by means of, or in the guise of, recruitment for overseas employment, as defined in Section 3 of .A. >70.< !n this connection, the 5'#A shall li)ewise adopt a policy of confidentiality in all cases referred to it involving possible violations of the Act. ,iii1 Adopt policies and procedures, prepare and implement programs geared towards the eradication of traffic)ing in persons as well as acts that promote traffic)ing in persons such as, but not limited to, the following; ,a1 Comprehensive and !ntegrated #ducation 5rogram on overseas employment which shall be underta)en in partnership with other relevant organi(ations and government entities. Such education program shall cover all stages of recruitment and employment and shall provide information useful for overseas wor)ers including a module on anti-traffic)ing program and measures< ,b1 +ationwide multi-media and sustainable grassroots information campaign to create publicawareness on the realities of overseas employment and dangers of becoming victims of illegal traffic)ing activities< ,c1 Conduct special operations, complementary to the power of the 5+5, on persons and entities engaged in recruitment for overseas employment reported to be violating the provisions of the Act for the purpose of effecting closure of said establishments pursuant to the provisions of .A. +o. >70.< and
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,viii1 #stablish a networ) with other law enforcement agencies and immigration counterparts of source, transit and destination countries to facilitate e*change and sharing of information on the activities of traffic)ing syndicates< ,i*1 #stablish networ) with ":Bs for the effective apprehension of suspected traffic)ers and their cohorts< ,*1 2evelop a program for the procurement and installation of !nternational Civil Aviation 'rgani(ation ,!CA'1 E compliant machine readers and fraud detection equipment at all international airports and seaports in the country to deter traffic)ing in persons< and ,*i1 2evelop and distribute materials containing advisory and other pertinent information to enhance awareness against traffic)ing in persons. ,g1 5hilippine +ational 5olice ,5+51 ,i1 Bnderta)e surveillance, investigation and arrest of individuals or persons suspected to be engaged in traffic)ing< ,ii1 Coordinate closely with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffic)ers. Cor this purpose, it shall also; ,a1 5ursue the detection and investigation of suspected or alleged traffic)ing activities at airports through its Aviation Security :roup, at seaports andHor harbors through its =aritime :roup, and at land transportation terminals through its police station and when proper, file the appropriate charges against traffic)ers in the proper court< ,b1 Coordinate with the 5hilippine 5orts Authority ,55A1 which may have initially processed complaints at their 7.alay +ilungan sa Daungan8< and ,c1 Coordinate with local and barangay officials with respect to the apprehension andHor arrest of traffic)ers. ,iii1 #stablish a system to receive complaints and calls to assist traffic)ed persons, and the conduct of rescue operations< ,iv1 2irect and supervise the enforcement of its andate under the Act and its rules and regulations< ,v1 Supervise the conduct of investigations relating to apprehension occurring at land transportation
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,d1 2atabase of cases involving, and personalities involved in, traffic)ing persons separate and distinct from its illegal ecruitment cases for monitoring purposes< ,iv1 !n cases of repatriation involving wor)ers recruited and deployed by licensed agencies, the 5'#A shall notify the agency concerned to provide a plane tic)et or 5repaid Travel Advice ,5TA1 and shall impose sanctions on said agencies for failure to cooperate in providing welfare assistance to 'CAs they have deployed< and ,v1 Continue to regulate private sector participation in the recruitment and overseas placement of wor)ers through its licensing and registration system pursuant to its rules and regulation on overseas employment. !t shall formulate and implement, in coordination with appropriate entities concerned, when necessary, a system of promoting and monitoring the overseas employment of Cilipino wor)ers, ta)ing into consideration their welfare and protection from the dangers and ris)s inherent in overseas employment, including illegal traffic)ing. ,f1 &ureau of !mmigration ,&!1 ,i1 Strictly administer and enforce immigration and alien registration laws< ,ii1 Adopt measures for the apprehension of suspected traffic)ers both at the place of arrival and departure< ,iii1 #nsure compliance by the Cilipino fiancNsH fiancNes and spouses of foreign nationals with the predeparture and counseling program requirement of the Act< ,iv1 Strictly implement the requirement for a parental travel authority duly processed by the 2SA2 for minors traveling abroad unaccompanied by one parent, and the travel clearance for minors traveling abroad unaccompanied by both parents< ,v1 #nsure compliance by 'verseas Cilipino Aor)ers of the departure requirements of the 5'#A< ,vi1 Conduct periodic training and seminar on fraudulent document detection and passenger assessment to enhance the level of s)ill and competence of all its immigration officers and agents in document fraud detection< ,vii1 Conduct periodic study of the trends, routes and modus operandi employed by the traffic)ers including its recruitment base, transit countries and country of destination<

terminals, domestic seaports and airports and monitor the filing of appropriate cases against traffic)ers< ,vi1 Cormulate plans and programs for the prevention andHor reduction of traffic)ing in persons< ,vii1 !ntegrate in the program of instruction comprehensive, gender sensitive and childfriendly investigation and handling of cases of traffic)ing in persons in the 5hilippine +ational 5olice Academy ,5+5A1, 5hilippine 5ublic Safety College ,55SC1 and other training schools operated and managed by the 5+5< and ,viii1 #stablish anti-traffic)ing section under the Aomen and Children Complaint 2es) ,ACC21 in all city and municipal police stations. ,h1 +ational Commission on the ole of Cilipino Aomen ,+C CA1 ,i1 Actively advocate and participate in international and regional discussion and initiatives in traffic)ing in women and include the same in all of its international commitments and policy pronouncements. Ahere possible and appropriate, wor) with the 2epartment of Coreign Affairs in forging bilateral and multilateral collaborative projects on traffic)ing< ,ii1 Assist the Council in the formulation and monitoring of policies addressing the issue of traffic)ing in persons in coordination with relevant government agencies< ,iii1 Assist the Council in the conduct of information dissemination and training to frontline government agencies, +:'s and the general public< ,iv1 Assist in the development of gender responsive documentation system in coordination with other agencies and the +ational Statistical Coordination &oard ,+SC&1 through its monitoring of the situation of women particularly on violence against women< ,v1 Assist the Council in the formulation of prevention and reintegration programs for victims of traffic)ing including the demand side< and ,vi1 Conduct studies on the root causes, magnitude and forms of traffic)ing in women and document best practices in prevention programs. Sec. ->. Roles and Responsibilities of -ther Relevant ,ational Government Agencies. E Consistent with their mandates under e*isting laws, the following agencies shall integrate human traffic)ing issues in their strategy and program formulation and implement programs and services for the prevention and suppression of traffic)ing and for the protection of traffic)ed victims. They shall li)ewise have the following roles and responsibilities; ,a1 2epartment of the !nterior and "ocal :overnment ,2!":1 ,i1 Conduct a systematic information disseminationHadvocacy and prevention campaign against traffic)ing in persons< ,ii1 =aintain a databan) for the effective monitoring, documentation and prosecution of cases on traffic)ing in persons< ,iii1 !ssue directives to the ":Bs and barangays to institutionali(e recruiter-monitoring mechanisms and increase public awareness regarding traffic)ing in persons< ,iv1 5romote family and community empowerment to prevent traffic)ing in persons< and ,v1 Strengthen, activate and mobili(e e*isting committees, councils, similar organi(ations and special bodies at the local level to prevent and suppress traffic)ing in persons. ,b1 2epartment of Tourism ,2'T1 ,i1 Cormulate and implement preventive measures to stop se* tourism pac)ages and other activities of tourism establishments which might contribute to the traffic)ing in persons in coordination with local governmentunits< and ,ii1 5rovide training to tourist security officers on surveillance, investigation and rescue operation strategies. ,c1 2epartment of #ducation ,2ep#d1 ,i1 !ntegrate in the appropriate subject areas core messages on migration and traffic)ing in the elementary and secondary levels by providing lesson with emphasis on their implications and social costs to persons and country< ,ii1 5rovide opportunities for traffic)ed persons in the educational mainstream through the basic education and non-formal education curricula< and ,iii1 5rovide education and raise consciousness of boysHmen in schools and communities in order to discourage the Fdemand sideG or the useHbuying of traffic)ed women and children. ,d1 2epartment of 9ealth ,2'91 ,i1 =a)e available its resources and facilities in providing health care to victims of traffic)ing which shall, at all times, be held confidential.
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,e1 2epartment of Transportation and Communication ,2'TC1 ,i1 5rovide guidelines for the land, sea and air transport providers to train their personnel in traffic)ing in persons< ,ii1 Standardi(e guidelines for monitoring traffic)ing in persons in every port< and ,iii1 =onitor the promotion of advertisement of traffic)ing in the !nternet. ,f1 Commission on 9uman ights ,C9 1 ,i1 Conduct advocacy and training programs relating to anti-traffic)ing< ,ii1 !nvestigate and recommend for prosecution violations of the Act< ,iii1 5rovide legal and financial assistance to victims of traffic)ing< and ,iv1 !ntegrate anti-traffic)ing efforts in the &arangay 9uman ights Action Center ,&9 AC1< and ,v1 =onitor government compliance to international human rights treaty obligations related to the suppressionHelimination of traffic)ing, particularly the Convention for the Suppression of Traffic in 5ersons and #*ploitation of the 5rostitution of 'thers, the Convention on the #limination of All Corms of 2iscrimination Against Aomen, the Convention on the ights of the Child, the Convention on the 5rotection of =igrant Aor)ers and =embers of Their Camilies, and the B+ Convention Against Transnational 'rgani(ed Crimes including its 5rotocol to 5revent, Suppress and 5unish Traffic)ing in 5ersons, #specially Aomen and Children. ,g1 +ational &ureau of !nvestigation ,+&!1 ,i1 Conduct surveillance, monitor and investigate recruiters, travel agencies, hotels and other establishments suspected to be engaged in traffic)ing in persons< ,ii1 Coordinate closely with all the Council member agencies for effective detection and investigation of suspected traffic)ers< ,iii1 Cormulate plans and programs for the detection and prevention of traffic)ing, and the arrest and prosecution of suspected traffic)ers< ,iv1 Share intelligence information on suspected traffic)ers to all Council member agencies when necessary< and ,v1 Coster cooperation and coordination with the law enforcement agencies of other countries and the !+T# 5'" in the investigation and apprehension of suspected traffic)ers. ,i1 !ntegrate in its development and strategic framewor)s issues and concerns affecting traffic)ing in children and ensure the adoption of such framewor)s by the ":Bs and other sta)eholders< ,ii1 Digorously advocate against traffic)ing of children< ,iii1 !mprove data on traffic)ing in children through integration of critical and relevant indicators into the monitoring system for children< ,iv1 Adopt policies and measures that will protect and promote the rights and welfare of children victims of traffic)ing and coordinate and monitor their implementation< and ,v1 Address issues on traffic)ing of children through policy and program interventions. ,)1 5hilippine !nformation Agency ,5!A1 ,h1 5hilippine Center on Transnational Crime ,5CTC1 ,i1 Continue to function in accordance with its mandate pursuant to #*ecutive 'rder +o. 3., s. -888, on matters concerning traffic)ing in persons with transnational dimension< ,ii1 Bnderta)e strategic researches on the structure and dynamics of traffic)ing in persons with transnational crime dimension, predict trends and analy(e given factors for the formulation of individual and collective strategies for the prevention and detection of traffic)ing in persons and the apprehension of criminal elements involved< ,iii1 Conduct case operations in coordination with other law enforcement agencies< and ,iv1 Serve as the focal point in international law enforcement coordination on traffic)ing in persons particularly with the !+T# 5'". ,i1 'verseas Aor)ers Aelfare Administration ,'AAA1 ,i1 Assist in the information and advocacy campaign among 'CAs to prevent traffic)ing in persons< ,ii1 Assist in the documentation of cases of traffic)ing and ensure the provision of its programs and services to 'CAs and their families< and ,iii1 !nclude a module on anti-traffic)ing to its predeparture seminar. ,j1 Council for the Aelfare of Children ,CAC1
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,i1 #nhance public awareness on traffic)ing in persons, pertinent laws and possible actions to prevent victimi(ation and re-victimi(ation by developing public advocacy program as well as printing and distributing appropriate information materials. ,l1 Technical #ducation and S)ills 2evelopment Authority ,T#S2A1 ,i1 5rovide s)ills and entrepreneurial training to traffic)ed victims< and ,ii1 Cormulate a special program to ensure the provision of appropriate s)ills training for traffic)ed victims. Sec. -8. Roles and Responsibilities of 'ocal Government 2nits 3'G2s4. The ":Bs shall have the following roles and responsibilities; ,a1 =onitor and document cases of traffic)ed persons in their areas of jurisdiction< ,b1 #ffect the cancellation of licenses of establishments which violate the provisions of the Act and ensure its effective prosecution< ,c1 Bnderta)e an information campaign against traffic)ing in persons through the establishment of the =igrants Advisory and !nformation +etwor) ,=A!+1 des)s in municipalities and provinces in coordination with the 2!":, 5!A, Commission on Cilipino 'verseas ,CC'1, +:'s and other concerned agencies< ,d1 #ncourage and support community based initiatives which address traffic)ing in persons< ,e1 5rovide basic social services for the prevention, rescue, recovery, rehabilitation and reintegrationHafter care support services to victims of traffic)ing in persons and their families< ,f1 #nact ordinances or issuances aimed at providing protection and support to traffic)ed persons and adopt measures to prevent and suppress traffic)ing in persons< and ,g1 Strengthen, activate and mobili(e e*isting committees, councils, similar organi(ations and special bodies at the provincial, city, municipal and barangay levels to prevent and suppress traffic)ing in persons. Sec. .7. Roles and Responsibilities of ,onGovernment -rgani1ations $hich are .embers of the Council. The +:' members of the Council shall have the following roles and responsibilities; ,a1 Assist government agencies in formulating and implementing policies, programs and !#C campaign against traffic)ing< ,b1 Assist in capability-building activities of government personnel and share their e*periences and e*pertise in handling traffic)ing cases< ,c1 Coordinate with concerned government agencies, ":Bs and other +:'s in reporting alleged perpetrators, rescuing victims of traffic)ing, and conducting investigationH surveillance, if indicated< ,d1 Bnderta)e programs and activities for the prevention, rescue, recovery and reintegration of the victims of traffic)ing and other support services for their families< ,e1 2ocument andHor assist in the documentation of cases of traffic)ing< ,f1 2isseminate guidelines to all its networ) members, local and international, on policies and programs addressing issues on traffic)ing in persons< ,g1 Cormulate educational module to address thedemand side of traffic)ing< and ,h1 5erform such other tas)s as may be agreed upon by the Council. Sec. .-. Assistance of -ther Agencies and 0nstitutions. !n implementing the Act and these rules and regulations, the agencies concerned may see) and enlist the assistance of +:'s, people?s organi(ations ,5's1, civic organi(ations and other volunteer groups, which will all li)ewise be encouraged to assume the same roles and responsibilities enumerated in the preceding Section. Artic7e @I RE#!RTIN) !* S"S#ECTE I A((E)E TRA**ICEIN) INCI ENT Sec. ... (ho .ay and To (hom to Report. Any person who has any )nowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may be, or has been traffic)ed shall immediately report the same, either orally, in writing or through other means, to any member of the Council, the barangay authorities, the nearest police or other law enforcement agency, the local social welfare and development office or the local Council for the 5rotection of Children. !n the case of traffic)ing cases abroad, the report shall be made to the 5hilippine #mbassyHConsulate which has jurisdiction over the place where the traffic)ing occurred or where the traffic)ed person is found. Sec. .4. Action on the Report. The agency, entity or person to whom the report is made shall immediately act as soon as the report is received in coordination with other relevant government
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agency for appropriate intervention. Cor this purpose, the Council shall develop a mechanism to ensure the timely, coordinated and effective response to cases of traffic)ing in persons. Artic7e @II INTERCE#TI!N, ARREST AN IN@ESTI)ATI!N !* TRA**ICEERS Sec. .0. rocedure in the 0nterception+ Arrest and 0nvestigation of Traffic)ers in ersons at 0nternational Airport or !eaport. Ahen an offense punishable under the Act or any other offense in relation thereto or in furtherance thereof has been committed, or is actually being committed in the presence of an immigration officer assigned at the international airport or seaport, heHshe shall immediately cause the interception andHor arrest of the persons involved for investigation. The 2'@ Tas) Corce Against Traffic)ing shall cause the filing of appropriate case in court when evidence warrants. !f the person arrested is a foreigner, the concerned &.!. investigating unit shall ta)e full custody over the arrested person, conduct the investigation proper motu proprio and endorse the complaint and supporting documents to the prosecutor for inquest or =TC @udge for appropriate proceedings. Sec. ./. rocedure in the 0nterception+ Arrest and 0nvestigation of Traffic)ers in ersons at 'ocal Airport+ !eaport and 'and Transportation Terminals. !n cases where the violation is committed at local seaport, airport or in land transportation terminals, the members of the law enforcement agency shall immediately cause the interception andHor arrest of the suspected traffic)ers. Thereafter, the investigation shall be conducted by the law enforcement agency on the personHs interceptedHarrested, and referred to the 5rosecutor?s 'ffice of the place where the offense was committed or to the 2'@ Tas) Corce Against Traffic)ing in 5ersons or Tas) Corce on 5assport !rregularities or =unicipal Trial Court of the place where the crime was committed in case of municipalities and non-chartered cities for purposes of inquest or preliminary investigation as the case may be. Sec. .3. Creation of a 5oint Tas) &orce Against Traffic)ing in ersons. Cor the purpose of the above provisions, there shall be created a @oint Tas) Corce Against Traffic)ing in 5ersons to be assigned at airports composed of 5rosecution, &!, 5+5, and +&! personnel and another Tas) Corce at land transportation terminals and local seaports and airports to be composed of 5rosecution, 5+5, &!, 55A, and 5C: personnel. The 2'@ +ational Tas) Corce Against Traffic)ing in 5ersons shall issue the necessary operational guidelines for the effective coordination, apprehension, investigation and prosecution of violations of the Act. The 2'@ Tas) Corce assigned at local seaports, airports and land transportation terminals shall cooperate or coordinate with the local authorities, local social welfare and development officers or active +:'s concerned with traffic)ing in persons in the locality. Sec. .6. Rights of the erson Arrested+ 0nvestigated or Detained. !n all cases, the rights of the person arrested, investigated or detained as provided by the 5hilippine Constitution and under epublic Act +o. 604> ,An Act 2efining Certain ights of 5ersons Arrested, 2etained or Bnder Custodial !nvestigation As Aell As The 2uties of the Arresting, 2etaining and !nvestigating 'fficers, and 5roviding 5enalties Cor Diolations Thereof1 shall, at all times, be respected. Artic7e @III RESC"EIREC!@ERD AN RE#ATRIATI!N !* @ICTI$S Sec. .>. The Country Team Approach. The country team approach under #*ecutive 'rder +o. 60, series of -884 and further enunciated in epublic Act +o. >70. shall be the operational scheme under which 5hilippine embassies abroad shall provide protection to traffic)ed persons regardless of their immigration status. Bnder the Country Team Approach, all officers, representatives and personnel of the 5hilippine government posted abroad regardless of their mother agencies shall, on a per country basis, act as one-country team with mission under the leadership of the Ambassador or the head of mission. Sec. .8. Rescue at the Country of Destination. E ,a1 Procedure. Ahen the victim is a Cilipino national and at the time of rescue is residing abroad, the embassy or consulate which has jurisdiction over the place where the victim is residing shall verify the veracity of the report of incidence of traffic)ing and inquire about the condition of the victim. Consistent with the country team approach, the 5ost concerned shall send a team composed of a consular officer and personnel from the 5hilippine 'verseas "abor 'ffice ,5'"'1 or the Cilipino Aor)ers esource Center ,CA C1, the 'ffice of the Social Aelfare AttachN as the case may be, to conduct a visit to the jail, establishment, wor) site or residence of the
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victim. !n the case of 5osts without attached services, the team will be composed of a consular officer and personnel from the Assistance-to-+ationals section. The 5ost shall ma)e representations with the police authorities or other relevant law enforcement agencies with respect to the conduct of rescue operations. escue operation shall also be made in cooperation and close coordination with some +:'?s, local contacts or private individuals when necessary. !n countries and areas where the services of the CA C is not accessible, a mobile type of services shall be e*tended by the country team members to traffic)ed persons regardless of their status in the host country. Thereafter, the victim will be encouraged to e*ecute a sworn statement, recounting among others, the peopleHestablishment involved in the recruitmentHtransfer and deployment, the modus operandi employed to recruit, transport and deploy the victim, and other pertinent information which could provide a lead in the investigation and eventual prosecution of the perpetrators. ,b1 Assistance to Traffic-ed Persons. The traffic)ed person shall be provided with temporary shelter and other forms of assistance. !n countries where there is an Cilipino Aor)ers esource Center, the services available to overseas Cilipinos as provided for in epublic Act +o. >70. shall also be e*tended to traffic)ed persons regardless of their status in the host country. ,c1 Legal Assistance 1und. Traffic)ed persons shall be considered under the category F'verseas Cilipinos in 2istressG and may avail of the "egal Assistance Cund created by epublic Act +o. >70., subject to the guidelines as provided by law, including rules and regulations issued by the 2CA as to its utili(ation and disbursement. Sec. 47. Repatriation of Traffic)ed ersons. The 2CA, in coordination with 2'"# and other appropriate agencies, shall have the primary responsibility for the repatriation of traffic)ed persons, regardless of whether they are documented or undocumented. !f, however, the repatriation of traffic)ed persons shall e*pose the victims to greater ris)s, the 2CA shall ma)e representation with the host government for the e*tension of appropriate residency permits and protection, as may be legally permissible in the host country. Sec. 4-. rocedure for Repatriation. !n accordance with e*isting rules and regulations on the use and disbursement of Assistance-to+ationals Cund of the 2CA for the repatriation of distressed 'CAs, the 5ost shall immediately request the 2CA, through the 'ffice of the Bndersecretary for =igrant Aor)ers? Affairs ,'B=AA1, allocation of funds for the repatriation of the victim. !n appropriate cases and to avoid re-victimi(ation, the 5ost may withdraw the passport of the victim and forward it to the 2CA and in its place issue a Travel 2ocument ,CA Corm 68,&11 valid for direct travel to the 5hilippines. The 5ost concerned shall report to the 2CA, through the 'B=AA, copy furnished the 'ffice of Consular Affairs, the actual date of repatriation and other pertinent information and submit a copy of the sworn statement and other relevant documents. !n appropriate cases, especially when the victim is suffering from mental illness, has suffered physical or se*ual abuse or has received serious threats to his or her life and safety, the victim will be met upon arrival in the 5hilippines by 2SA2 personnel, in coordination with the @oint Tas) Corce Against Traffic)ing in 5ersons and other government agencies such as 'AAA, &! and 2'9. !n the case of mentally ill patients, minors, and other persons requiring special care, the 5ost shall designate a duly authori(ed individual to escort said victims to the 5hilippines. The victim will be encouraged, if he or she has not done so before, to e*ecute a sworn statement with the view of filing the appropriate charges against the suspected traffic)er in the 5hilippines. Should the victim request the assistance of 2CA, 'B=AA shall interview the victim and ma)e recommendations for investigation with law enforcement agencies such as the 5+5 and the +&!. !n cases where recruitment agencies are involved, the case shall also be referred to the 5'#A for appropriate action. The report shall also be forwarded to the &! for case build up. The victim may be referred to the 2SA2H"ocal Social Aelfare And 2evelopment 'ffice or to the +&! 'ne-Stop Shop for psychosocial interventions, psychological and medical e*amination and follow-through therapy sessions. 5rotective custody and emergency shelter shall also be provided to the victim, in appropriate cases. Sec. 4.. Rescue (ithin the Country. escue operations within the country shall be primarily underta)en by the law enforcement agencies in
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coordination with ":Bs, 2'"#, 2SA2 and 2'9. Bpon receipt of a report of a suspected or alleged traffic)ing ncident or activity, the law enforcement agency to which the report is made shall conduct rescue operations of traffic)ed persons. At the minimum, rescue operations shall be guided by the following; ,a1 Conduct of rescue operation of traffic)ed persons shall be properly coordinated with the concerned agencies particularly 2SA2Hlocal social welfare and development officer< ,b1 The rescue team shall ensure full protection of the rights of the traffic)ed person as well as the traffic)ers while under its custody and control< ,c1 After the rescue operation, the investigation of the case shall be referred to the Aomen and Children Complaint 2es) ,ACC21 des) of 5+5, the Diolence Against Aomen and Children 2ivision ,DAAC21 of the +&! or other similar units or des)s< ,d1 After the completion of the necessary documents for the filing of cases, the rescue team shall effect the appropriate and immediate turn-over of the traffic)ed person to 2SA2Hlocal social welfare and development officer< and ,e1 !n the course of investigation of the traffic)ed person, the investigator handling the case shall ensure that the victim shall be accorded with proper treatment and investigated in a child-friendly and gender-sensitive environment. !n the conduct of investigative interviews on children, the law enforcers shall li)ewise be guided by the ule on the #*amination of a Child Aitness promulgated by Supreme Court, as may be applicable. Cor this purpose, the investigators shall be properly trained in the handling of cases of traffic)ed persons. Artic7e IX RE+A,I(ITATI!N AN REINTE)RATI!N !* @ICTI$S Sec. 44. Comprehensive rogram. The 2SA2, ":Bs and other concerned agencies shall provide a comprehensive, gendersensitive and child friendly program for the recovery, rehabilitation and reintegration of victimsHsurvivors of traffic)ing, such as but not limited to the following; ,a1 !mplementation of residential care, child placement, educational assistance, livelihood and s)ills training and other community-based services must be responsive to the specific needs and problems of the victimsHsurvivors and their families< ,b1 Active involvement and participation of the victimsHsurvivors in the rehabilitation and reintegration process shall be encouraged. !n order to empower them and to prevent their revictimi(ation, capability building programs must be provided< and "aw, ules and "ocal !nstruments / 4 ,c1 Active cooperation and coordination with +:'s and other members of the civil society including the business community, tourismrelated industries as well as the media in the rehabilitation and reintegration of victimsHsurvivors shall be underta)en. Sec. 40 rocedure. The following procedure shall be underta)en in implementing a comprehensive program for the recovery, rehabilitation and reintegration of victimsHsurvivors of traffic)ing; ,a1 The victimHsurvivor of traffic)ing may go to the nearest 2SA2H":B Social Aelfare and 2evelopment 'ffice for assistance< ,b1 Bpon referralHinterview the 2SA2H"ocal :overnment Social Aor)er shall conduct an inta)e assessment to determine appropriate intervention with the victimHsurvivor< ,c1 The social wor)er shall prepare a social case study reportHcase summary for the victimHsurvivor?s admission to a residential facility for temporary shelter or communitybased services< ,d1 5rovide servicesHinterventions based on the rehabilitation plan in coordination with appropriate agencies, e.g. counseling, legal, medical and educational assistance< livelihood andHor s)ills training< as well as appropriate services to the family of the traffic)ed victimHsurvivor< and ,e1 =onitor implementation and periodically evaluateHupdate the rehabilitation plan until the victimH survivor has been reintegrated with hisHher family and community. Sec. 4/. Capability Building of !ervice roviders. The frontline agencies and the service providers must undergo training and other capability building activities to enhance their )nowledge and s)ills in handling cases of traffic)ing to prevent e*acerbation of traumatic stress and facilitate more effective crisis interventions, healing and reintegration services. Sec. 43. Documentation. 2ata ban)ing, research and documentation of best practices in rehabilitation and reintegration programs shall be conducted to identify efficient and effective measures and services for the victims of traffic)ing and their families.
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property used in the commission of the offense, shall be ordered confiscated and forfeited in favor of the State unless the owner thereof can prove the lac) of )nowledge of the use of such property in the said illegal activity. Any award for damages arising from the commission of the offense may be satisfied and charged against the personal and separate properties of the offender and if the same is insufficient to satisfy the claim, the balance shall be ta)en from the forfeited properties as may be ordered by the court. ,b1 2uring the pendency of the criminal action, no property or income used or derived therefrom which are subject to confiscation and forfeiture, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. ,c1 The trial prosecutor shall avail of the provisional remedies in criminal cases to ensure the confiscation, preservation and forfeiture of the said properties. ,d1 !f the offender is a public officer or employee, the forfeiture of hisHher property found to be unlawfully acquired shall be governed by epublic Act +o. -468 otherwise )nown as FAn Act 2eclaring Corfeiture in Cavor of the State Any 5roperty Cound to 9ave &een Bnlawfully Acquired by Any 5ublic 'fficer or #mployee and 5roviding for the 5roceedings Therefore.G Artic7e XI (E)A( #R!TECTI!N AN SER@ICES !T+ER
Artic7e X #R!SEC"TI!N, CI@I( *!R*EIT"RE AN REC!@ERD !* CI@I( A$A)ES Sec. 46. (ho .ay &ile a Complaint. Complaints for violations of the Act may be filed by the following; ,a1 Any person who has personal )nowledge of the commission of the offense< ,b1 The traffic)ed person or the offended party< ,c1 5arents or legal guardians< ,d1 Spouse< ,e1 Siblings< or ,f1 Children. The foregoing persons may also see) the assistance of the Council in the filing of complaint. Sec. 4>. 0nstitution of Criminal Action6 "ffect. The institution of the criminal action before the 'ffice of the 5rosecutor or the court, as the case may be, for purposes of preliminary investigation shall interrupt the running of the period for prescription of the offense charged. The prescriptive period shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Sec. 48. 0nstitution of Criminal and Civil Actions. 5ursuant to the evised ules on Criminal 5rocedure, when a criminal action is instituted, the civil action arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. Sec. 07. "#emption from &iling &ees. Ahen the traffic)ed person institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from the payment of filing fees. Sec. 0-. 7enue. The offenses punishable under the Act shall be considered as a continuing offense and may be filed in the place where the offense was committed or where any of its elements occurred or where the traffic)ed person actually resides at the time of the commission of the offense. 5rovided, that the court where the criminal action is first filed shall acquire jurisdiction to the e*clusion of other courts. Sec. 0.. &orfeiture of the roceeds and 0nstruments Derived from Traffic)ing in ersons. E ,a1 After conviction, all proceeds and instruments, including any real or personal
Sec. 04. 'egal rotection. Traffic)ed persons shall be recogni(ed as victims of the act or acts of traffic)ing. As such, they shall not be penali(ed for crimes directly related to the acts of traffic)ing enumerated under the Act or in obedience to the order made by the traffic)er in relation thereto. !n this regard, the consent of the traffic)ed person to the intended e*ploitation set forth in the Act shall be irrelevant. Sec. 00. referential "ntitlement under the (itness rotection rogram. Any provision of epublic Act +o. 38>- to the contrary notwithstanding, any traffic)ed person shall be entitled to the witness protection program provided therein. Sec. 0/. 0mmunity from Criminal rosecution. Any person who has personal )nowledge in the commission of any of the offenses penali(ed under the Act and who voluntarily gives material information relative thereto and willingly testifies against the offender shall be e*empt from prosecution for the offense with reference to which his information and testimony were given, subject to the following conditions; ,a1 The information and testimony are necessary for the conviction of the accused< and
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,b1 Such information and testimony are not yet in the possession of the state. Sec. 03. .andatory !ervices. To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall ma)e available the following services to traffic)ed persons; ,a1 #mergency shelter or appropriate housing< ,b1 Counseling< ,c1 Cree legal services which shall include information about the victims? rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the traffic)ed person< ,d1 =edical or psychological services< ,e1 "ivelihood and s)ills training< and ,f1 #ducational assistance to a traffic)ed child. Sustained supervision and follow through mechanism that will trac) the progress of recovery, rehabilitation and reintegration of the traffic)ed persons shall be adopted and carried out. Sec. 06. 'egal rotection of Traffic)ed ersons (ho are &oreign ,ationals. Traffic)ed persons in the 5hilippines who are nationals of a foreign country shall be entitled to appropriate protection, assistance and services available to the traffic)ed persons and shall be allowed to continued presence in the 5hilippines for a period of fifty-nine ,/81 days to enable them to effect the prosecution of the offenders. Such period may be renewed upon showing of proof by the trial prosecutor that their further testimony is essential to the prosecution of the case. The trial prosecutor shall course his request for e*tension to the Council which shall accordingly act upon the same. !f such request is granted, the registration and immigration fees of such foreign nationals shall be waived. The Council, for this purpose, shall develop additional guidelines to implement this provision. Artic7e XII TR"ST *"N Sec. 0>. Trust &und6 !ources. All fines imposed under the Act and the proceeds and properties forfeited and confiscated pursuant to Section -0 of the Act and Article !$, Section / of these rules and regulations shall accrue to a Trust Cund to be administered and managed by the Council. Sec. 08. 2tili1ation. The Trust Cund shall be used e*clusively for programs that will prevent acts of traffic)ing and protect, rehabilitate, reintegrate traffic)ed persons into the mainstream of society. Such programs shall include, but not limited to the following; ,a1 5rovision for mandatory services set forth in Section .4 of the Act< and Section 06 of these ules and egulations. ,b1 Sponsorship of a national research program on traffic)ing and establishment of a data collection system for monitoring and evaluation purposes< ,c1 5rovision of necessary technical and material support services to appropriate government agencies and nongovernment organi(ations ,+:'s1< ,d1 Sponsorship of conferences and seminars to provide venue for consensus building among the public, the academe, government, +:'s and international organi(ations< and ,e1 5romotion of information and education campaign on traffic)ing. The Trust Cund may also be used to support the operations of the Secretariat. Sec. /7. 2se and Disbursement of Trust &und. The use and disbursement of the trust fund shall be subject to the approval of at least two-thirds ,.H41 of the members of the Council and shall be governed by e*isting government accounting and auditing rules and regulations. Artic7e XIII INTERNATI!NA( C!!#ERATI!N Sec. /-. 0nternational Cooperation. The Council, in close coordination with the 2CA and other concerned agencies, shall promote cooperation, technical assistance and partnership among governments and regional and international organi(ations on the following aspects; ,a1 5revention, protection, prosecution, repatriation and reintegration aspects of traffic)ing in persons, especially women and children< ,b1 Systematic e*change of information and good practices among law enforcement and immigration authorities< ,c1 5revention, detection, investigation and prosecution of traffic)ing in persons, including the protection of victims through e*changes and joint training at the bilateral, regional and international levels, between and among relevant officials including police, judges, prosecutors, immigration officers, other law enforcement agents as well as consular authorities< and ,d1 epatriation of victims of traffic)ing with due regard to their safety and in consideration of humanitarian and compassionate factors.
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,c1 To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se*ual e*ploitation, forced labor or slavery, involuntary servitude or debt bondage< ,d1 To underta)e or organi(e tours and travel plans consisting tourism pac)ages or activities for the purpose of utili(ing and offering persons for prostitution, pornography or se*ual e*ploitation< ,e1 To maintain or hire a person to engage in prostitution or pornography< ,f1 To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se*ual e*ploitation,forced labor, slavery, involuntary servitude or debt bondage< ,g1 To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person< and ,h1 To recruit, transport or adopt a child to engage in armed activities in the 5hilippines or abroad. Sec. /0. Acts that romote Traffic)ing in ersons. Any person, natural or juridical, who shall commit the following acts which promote or facilitate traffic)ing in persons, shall be penali(ed with the penalty of imprisonment of fifteen ,-/1 years and a fine of not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771; ,a1 To )nowingly lease or sublease, use or allow to used any house, building or establishment for the purpose of promoting traffic)ing in persons< ,b1 To produce, print and issue or distribute unissued, tampered or fa)e counseling certificates, registration stic)ers and certificates of any government agency which issues these certificates and stic)ers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting traffic)ing in persons< ,c1 To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer, or any propaganda material that promotes traffic)ing in persons< ,d1 To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary e*it documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting traffic)ing in persons<
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Artic7e XI@ C!N*I ENTIA(ITD Sec. /.. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recogni(e the right to privacy of the traffic)ed person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the traffic)ed person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. !n case when the prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utili(ing tri-media or information technology to cause publicity of and case of traffic)ing in persons. Artic7e X@ !**ENSES AN #ENA(TIES Sec. /4. Acts of Traffic)ing in ersons. Any person, natural or juridical, who commits any of the following acts shall suffer the penalty of imprisonment of twenty ,.71 years and a fine of not less than 'ne million pesos ,5-,777,777.771 but not more than Two million pesos ,5.,777,777.771; ,a1 To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the prete*t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,b1 To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under epublic Act +o. 38//, any Cilipino woman with a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading himHher to engage in prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage<

,e1 To facilitate, assist or help in the e*it and entry of persons fromHto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent and travel documents for the purpose of promoting traffic)ing in persons< ,f1 To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic)ed persons in furtherance of traffic)ing or to prevent them from leaving the country or see)ing redress from the government or appropriate agencies< and ,g1 To )nowingly benefit from, financial or otherwise or ma)e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor , or slavery. Sec. //. *ualified Traffic)ing in ersons. The following are considered as qualified traffic)ing and shall be penali(ed with the penalty of life imprisonment and a fine of not less than Two million pesos ,.,777,777.771 but not more than Cive million pesos ,/,777,777.771< ,a1 Ahen the traffic)ed person is a child< ,b1 Ahen the adoption is effected through epublic Act +o. >704, otherwise )nown as the F!nter-Country Adoption Act of -88/G and said adoption is for the purpose of prostitution, pornography, se*ual e*ploitation, forced labor, slavery, involuntary servitude or debt bondage< ,c1 Ahen the crime is committed by a syndicate , or in large scale. Traffic)ing is deemed committed by a syndicate if carried out by a group of three ,41 or more persons conspiring or confederating with one another. !t is deemed committed in large scale if committed against three ,41 or more persons , individually or as a group< ,d1 Ahen the offender is an ascendant, parent, sibling, guardian or a person who e*ercises authority over the traffic)ed person or when the offense is committed by a public officer or employee< ,e1 Ahen the traffic)ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies< ,f1 Ahen the offender is a member of the military orlaw enforcement agencies< and ,g1 Ahen by reason or on occasion of the act of traffic)ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with 9uman !mmunodeficiency Dirus 9!D or the Acquired !mmune 2eficiency Syndrome ,A!2S1. Sec. /3. 7iolation of Confidentiality rovisions. Any person who violates Section 6 of the Act and Section /., Article $!D hereof shall suffer the penalty of imprisonment of si* ,31 years and a fine not less than Cive hundred thousand pesos ,5/77,777.771 but not more than 'ne million pesos ,5-,777,777.771. Sec. /6. Application of enalties and -ther !anctions. The following shall be applied in the imposition of penalties; ,a1 !f the offender is a corporation, partnership, association, club, establishment or any judicial person, the penalty shall be imposed upon the owner, president, partner, manager, andHor any responsible officer who participated in the commission of the crime or who shall have )nowingly permitted or failed to prevent its commission< ,b1 The registration with the Securities and e*change Commission ,S#C1 and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place or entertainment shall be cancelled and revo)ed permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishment in a different name< ,c1 !f the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country< ,d1 Any employee or official of government agencies who shall issue or approve the issuance of travel e*it clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether judicial or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under the Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. 9isHher retirement and other benefits shall li)ewise be forfeited< and ,e1 Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Sec. />. 2se of Traffic)ed ersons. Any person who buys or engages the services of traffic)ed persons for prostitution shall be penali(ed as follows; ,a1 Cirst offense E si* ,31 months of community service as may be determined by the court and a fine of Cifty thousand pesos ,5/7,777.771< and ,b1 Second and subsequent offenses E imprisonment of one year ,-1 year and a fine of 'ne hundred thousand pesos ,5-77,777.771.
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(e&erence7 Arts. "4 (e), @:-@4; +mnibus (ules, Boo1 ', (ule <'9, 5+ "4, "A 8o,. 4::"; +mnibus .uidelines &or 'ssuance o& Em lo/ment Permits to Jorei!n 8ationals); Const., Art. <'', Sec. "4
The Council shall coordinate with the Supreme Court through the 'ffice of the Court Administrator for the issuance of appropriate guidelines and measures for the judiciary to implement this provision particularly on the aspect of implementing the penalty of community service. Artic7e X@ *"N IN) Sec. /8. 0nclusion in Agency Appropriations. The heads of departments and agencies concerned shall immediately include in their annual appropriations the funding necessary to implement programs and services required by the Act and these regulations. !n the interim, the funding necessary to carry out their mandate under the law may be charged against their :ender and 2evelopment ,:A21 budget. Artic7e X@II *INA( #R!@ISI!NS Sec. 37. ,on-Restriction of &reedom of !peech and of Association+ Religion and the Right to Travel. +othing in these rules and regulations shall be interpreted as a restriction of the freedom and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Sec. 3-. !aving Clause. The provisions of epublic Act +o. 63-7, otherwise )nown as the FSpecial 5rotection of Children Against Child Abuse, #*ploitation and 2iscrimination ActG shall remain applicable and shall not in any way be amended or repealed by the provisions of the Act and these rules and regulations.
b.
a. =@" ("##=)
Co,era!e Almodiel ,. 8L(C, 44= SC(A
Sec. 3.. !eparability Clause. The declaration of invalidity of any provision of these rules and regulations or part thereof shall not affect the validity of the remaining provisions. Sec. 34. Repealing Clause. 5ertinent provisions of all laws, presidential decrees, e*ecutive orders and rules and regulations, or parts thereof, contrary to or inconsistent with the provisions of the Act and these rules and regulations are hereby repealed or modified accordingly. Sec. 30. "ffectivity. These rules and regulations shall ta)e effect fifteen ,-/1 days after its complete publication in at least two ,.1 newspapers of general circulation.
%. Alien Em lo/ment (e!ulation
Conditions &or !rant o& Permit, +mnibus .uidelines, (ule '''. ", 4, =
R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent #er6it& I&&/e3 -. The permits issued may, motu proprio or upon a petition, be cancelled or revo)ed based on any of the following grounds; -.- =isrepresentation of facts or falsification of the documents submitted< -.. The foreign national has been declared as an undesirable alien by competent authorities< -.4 +on-compliance with the conditions for which the A#5 was issued< -.0 Cailure to renew A#5 within one ,-1 year after its e*piration.
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.. 5etitions for cancellation or revocation of permits issued shall be resolved within thirty ,471 calendars from receipt thereof. 4. Any aggrieved party may file a =otion for econsideration andHor Appeal and the same shall be resolved based on 5aragraph 0 of this ule. foreign nationals who are holders of multiple positions in one corporation, where one A#5 shall be valid for such multiple positions. 6.0 The permits of resident foreign nationals shall be valid for multiple employers, regardless of the nature and duration of their employment, provided that they shall report changes in their employment status and the identity of their employers to the 2'"# egional 'ffice which has issued the permit.
"#A SC(A 4"? ("##")
.eneral Cillin! Cor . ,. Torres, d. (e,ocationBCancellationB.rounds, .uidelines, (ule '''." +mnibus
R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent #er6it& I&&/e3 -. The permits issued may, motu proprio or upon a petition, be cancelled or revo)ed based on any of the following grounds; -.- =isrepresentation of facts or falsification of the documents submitted< -.. The foreign national has been declared as an undesirable alien by competent authorities< -.4 +on-compliance with the conditions for which the A#5 was issued< -.0 Cailure to renew A#5 within one ,-1 year after its e*piration.
E. <&,an Reso&rces De6e#op,en (e&erence7 Arts. ?%-$"; Technical Education and S1ills 5e,elo ment Authorit/ Act o& "##@ (TES5A) ((A %%#A); 5ual Trainin! S/stems Act o& "##@ ((A %A$A); Ca!na Carta &or 5isabled Persons ((A %4%%) ". Polic/ +b3ecti,es, (A %%#A, Secs. 4-=
c.
9alidit/ o& AEP, +mnibus (ules, (ule ''.%
8. 7alidity of ermits - The validity of permits shall be as follows; 6.- As a general rule, the validity of permits shall be for a period of one ,-1 year, unless the employment contract, consultancy services, or other modes of engagement or term of office for elective officers, provides for a longer period. 6.. The effectivity of the renewal shall be on the day after the e*piration of the previous permit, regardless of whether or not the renewal is granted before or after the e*piration of the previous permit. 6.4 As a general rule, the permits shall be valid only for the position and the employer for which it was issued, e*cept in case of
S#C. .. Declaration of Policy. - ! t is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and s)ills development in support of the development of high quality Cilipino middle-level manpower responsive to and in accordance with 5hilippine development goals and priorities. The State shall encourage active participation of various concerned sectors, particularly private enterprises, being direct participants in and immediate beneficiaries of a trained and s)illed wor)force, in providing technical education and s)ills development opportunities. S#C. 4. +tatement of oals and &b,ectives. - !t is the goal and objective of this Act to; 5romote and strengthen the quality of technical education and s)ills development programs to attain international competitiveness<
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Cocus technical education and s)ills development on meeting the changing demands for quality middle-level manpower< #ncourage critical and creative thin)ing by disseminating the scientific and technical )nowledge base of middle-level manpower development programs< ecogni(e and encourage the complementary roles of public and private institutions in technical education and s)ills development and training systems< and !nculcate desirable values through the development of moral character with emphasis on wor) ethic, self-discipline, self-reliance and nationalism. 1o&&i57e, 4n3 t0e 411ro.47 o' t0e e14rt6ent o' (45or 4n3 E617o-6ent: 4n3 rovided, T04t t0e 'o77o2in9 re?/ire6ent& in 477 in&t4nce& 4re &trict7co617ie3 2it0: (4) T0e e617o-er &0477 en&/re t0e 1rotection, 0e47t0, &4'et-, 6or47& 4n3 nor647 3e.e7o16ent o' t0e c0i73> (5) T0e e617o-er &0477 in&tit/te 6e4&/re& to 1re.ent t0e c0i73B& e;17oit4tion or 3i&cri6in4tion t48in9 into 4cco/nt t0e &-&te6 4n3 7e.e7 o' re6/ner4tion, 4n3 t0e 3/r4tion 4n3 4rr4n9e6ent o' 2or8in9 ti6e> 4n3 (c) T0e e617o-er &0477 'or6/74te 4n3 i617e6ent, &/5<ect to t0e 411ro.47 4n3 &/1er.i&ion o' co61etent 4/t0oritie&, 4 contin/in9 1ro9r46 'or tr4inin9 4n3 &8i77& 4c?/i&ition o' t0e c0i73. In t0e 45o.e e;ce1tion47 c4&e& 20ere 4n- &/c0 c0i73 64- 5e e617o-e3, t0e e617o-er &0477 'ir&t &ec/re, 5e'ore en949in9 &/c0 c0i73, 4 2or8 1er6it 'ro6 t0e e14rt6ent o' (45or 4n3 E617o-6ent 20ic0 &0477 en&/re o5&er.4nce o' t0e 45o.e re?/ire6ent&. T0e e14rt6ent o' (45or 4n3 E617o-6ent &0477 1ro6/794te r/7e& 4n3 re9/74tion& nece&&4r- 'or t0e e''ecti.e i617e6ent4tion o' t0i& Section.F Sec. 2. A77 742&, 3ecree&, e;ec/ti.e or3er&, r/7e& 4n3 re9/74tion& or 14rt& t0ereo' contr4r- to, or incon&i&tent 2it0 t0i& Act 4re 0ere5- 6o3i'ie3 or re1e47e3 4ccor3in97-. Sec. 3. T0i& Act &0477 t48e e''ect 'i'teen (15) 34-& 4'ter it& co617ete 1/57ic4tion in t0e !''ici47 )4=ette or in 4t 7e4&t t2o (2) n4tion47 ne2&141er& or 9ener47 circ/74tion 20ic0e.er co6e& e4r7ier. Approved9 No.e65er 9, 1993
d. Allowed Em lo/ment; (e>uirement ro,al Enter rises ,.
4. a.
rentice 5e&inition, (A %%#A, Sec. @ (3)
MApprenticeM is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement<
b. %%#A, Sec. @ (m) A renticeable +ccu ation, (A
,m1 MApprenticeable 'ccupationM is an occupation officially endorsed by a tripartite body and approved for apprenticeship by the authority<
c. Luali&ication, (A %A":, as amended b/ (A %A?$, Sec. "4
RE#",(IC ACT N!. 7658 A+ ACT 5 '9!&!T!+: T9# #=5"'I=#+T 'C C9!"2 #+ &#"'A -/ I#A S 'C A:# !+ 5B&"!C A+2 5 !DAT# B+2# TAO!+:S, A=#+2!+: C' T9!S 5B 5'S# S#CT!'+ -., A T!C"# D!!! 'C R. A. 7610. Section 1. Section 12, Artic7e @III o' R. A. No. 7610 ot0er2i&e 8no2n 4& t0e FS1eci47 #rotection o' C0i73ren A94in&t C0i73 A5/&e, E;17oit4tion 4n3 i&cri6in4tion ActF i& 0ere5- 46en3e3 to re43 4& 'o77o2&: FSec. 12. E617o-6ent o' C0i73ren. J C0i73ren 5e7o2 'i'teen (15) -e4r& o' 49e &0477 not 5e e617o-e3 e;ce1t: (1) A0en 4 c0i73 2or8& 3irect7- /n3er t0e &o7e re&1on&i5i7it- o' 0i& 14rent& or 7e947 9/4r3i4n 4n3 20ere on7- 6e65er& o' t0e e617o-erB& '46i7- 4re e617o-e3: rovided+ ho$ever+ T04t 0i& e617o-6ent neit0er en34n9er& 0i& 7i'e, &4'et-, 0e47t0 4n3 6or47&, nor i614ir& 0i& nor647 3e.e7o16ent> rovided+ further+ T04t t0e 14rent or 7e947 9/4r3i4n &0477 1ro.i3e t0e &4i3 6inor c0i73 2it0 t0e 1re&cri5e3 1ri64r- 4n3Ior &econ34re3/c4tion> or (2) A0ere 4 c0i73B& e617o-6ent or 14rtici14tion in 1/57ic entert4in6ent or in'or64tion t0ro/90 cine64, t0e4ter, r43io or te7e.i&ion i& e&&enti47: rovided+ T0e e617o-6ent contr4ct i& conc7/3e3 5- t0e c0i73B& 14rent& or 7e947 9/4r3i4n, 2it0 t0e e;1re&& 49ree6ent o' t0e c0i73 concerne3, i'
Pro!ram A
8itto 8L(C, 4?$ SC(A A?@ ("##?)
5uman B Labor ' B Pro&. Battad B Pa!e ?$

breach of any such agreement, unless he has e*hausted all available administrative remedies.
?. e. Terms Em lo/ment, Art. A", %4 and Conditions o& a. Learners 5e&inition, (A %%#A, Sec. @
A T. 3-. Contents of apprenticeship agreements. Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued by the Secretary of "abor and #mployment. The period of apprenticeship shall not e*ceed si* months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 6/ percent of the applicable minimum wage, may be entered into only in accordance with apprenticeship programs duly approved by the Secretary of "abor and #mployment. The 2epartment shall develop standard model programs of apprenticeship. ,As amended by Section -, #*ecutive 'rder +o. ---, 2ecember .0, -8>31. A T. 6.. Apprentices #ithout compensation. - The Secretary of "abor and #mployment may authori(e the hiring of apprentices without compensation whose training on the job is required by the school or training program curriculum or as requisite for graduation or board e*amination.
=. Costs, Art. %"
,n1 F"earnersM refer to persons hired as trainees in semis)ills and other industrial occupations which are nonapprenticeable. "earnersship programs must be approved by the Authority<
b. Allowed Em lo/ment, Art. %@ (b)
A T. 60. %hen learners may be hired. - "earners may be employed when no e*perienced wor)ers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower wor)ing standards.
c. Terms Em lo/ment, Arts. %?, %A and Conditions o&
A T. 6/. Learnership agreement. - Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include; ,a1 The names and addresses of the learners< ,b1 The duration of the learnership period, which shall not e*ceed three ,41 months< ,c1 The wages or salary rates of the learners which shall begin at not less than seventy-five percent ,6/K1 of the applicable minimum wage< and ,d1 A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to wor) during the first two ,.1 months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners. The learnership agreement shall be subject to inspection by the Secretary of "abor and #mployment or his duly authori(ed representative. A T. 63. Learners in piece#or-. - "earners employed in piece or incentive-rate jobs during the training period shall be paid in full for the wor) done.
A. a. 5i&&erentl/-Abled 2or1er (*andica ed),
A T. 6-. Deductibility of training costs. - An additional deduction from ta*able income of one-half ,-H.1 of the value of labor training e*penses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organi(ing an apprenticeship program; 5rovided, That such program is duly recogni(ed by the 2epartment of "abor and #mployment; 5rovided, further, That such deduction shall not e*ceed ten ,-7K1 percent of direct labor wage; and 5rovided, finally, That the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage.
@. En&orcement, Arts. A?, AA, A%
A T. 3/. (nvestigation of violation of apprenticeship agreement. - Bpon complaint of any interested person or upon its own initiative, the appropriate agency of the 2epartment of "abor and #mployment or its authori(ed representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of "abor and #mployment. A T. 33. Appeal to the +ecretary of Labor and )mployment. - The decision of the authori(ed agency of the 2epartment of "abor and #mployment may be appealed by any aggrieved person to the Secretary of "abor and #mployment within five ,/1 days from receipt of the decision. The decision of the Secretary of "abor and #mployment shall be final and e*ecutory. A T. 36. )4haustion of administrative remedies. - +o person shall institute any action for the enforcement of any apprenticeship agreement or damages for
(A %4%%
5e&inition, (A %4%%, Sec. @ (a) (b) (c) (d)
Sec. 4. e'inition o' Ter6&. J *or 1/r1o&e& o' t0i& Act, t0e&e ter6& 4re 3e'ine3 4& 'o77o2&: (4) i&457e3 1er&on& 4re t0o&e &/''erin9 'ro6 re&triction or 3i''erent 45i7itie&, 4& 4 re&/7t o' 4 6ent47, 10-&ic47 or &en&or- i614ir6ent, to 1er'or6 4n 4cti.itin t0e 64nner or 2it0in t0e r4n9e con&i3ere3 nor647 'or 4 0/64n 5ein9>
5uman B Labor ' B Pro&. Battad B Pa!e ?#

en.iron6ent47 4n3 4ttit/3in47 54rrier& t04t 4re 1re</3ici47 to 3i&457e3 1er&on&.
c. Co,era!e, (A %4%%, Sec. =
(5) I614ir6ent i& 4n- 7o&&, 3i6in/tion or 45err4tion o' 1&-c0o7o9ic47, 10-&io7o9ic47, or 4n4to6ic47 &tr/ct/re or '/nction> (c) i&45i7it- &0477 6e4n 1) 4 10-&ic47 or 6ent47 i614ir6ent t04t &/5&t4nti477- 7i6it& one or 6ore 1&-c0o7o9ic47, 10-&io7o9ic47 or 4n4to6ic47 '/nction o' 4n in3i.i3/47 or 4cti.itie& o' &/c0 in3i.i3/47> 2) 4 recor3 o' &/c0 4n i614ir6ent> or 3) 5ein9 re94r3e3 4& 04.in9 &/c0 4n i614ir6ent> (3) +4n3ic41 re'er& to 4 3i&43.4nt49e 'or 4 9i.en in3i.i3/47, re&/7tin9 'ro6 4n i614ir6ent or 4 3i&45i7it-, t04t 7i6it& or 1re.ent& t0e '/nction or 4cti.it-, t04t i& con&i3ere3 nor647 9i.en t0e 49e 4n3 &e; o' t0e in3i.i3/47>
Sec. 3. Co.er49e. J T0i& Act &0477 co.er 477 3i&457e3 1er&on& 4n3, to t0e e;tent 0erein 1ro.i3e3, 3e14rt6ent&, o''ice& 4n3 49encie& o' t0e N4tion47 )o.ern6ent or non9o.ern6ent or94ni=4tion& in.o7.e3 in t0e 4tt4in6ent o' t0e o5<ecti.e& o' t0i& Act.
d. A, % (i!hts and Pri,ile!es, (A %4%%, Secs. ?,
b.
Polic/ 5eclaration, (A %4%%, Sec. 4
Sec. 2. ec74r4tion o' #o7ic- J T0e 9r4nt o' t0e ri90t& 4n3 1ri.i7e9e& 'or 3i&457e3 1er&on& &0477 5e 9/i3e3 5- t0e 'o77o2in9 1rinci17e&: (4) i&457e3 1er&on& 4re 14rt o' #0i7i11ine &ociet-, t0/& t0e St4te &0477 9i.e '/77 &/11ort to t0e i61ro.e6ent o' t0e tot47 2e77%5ein9 o' 3i&457e3 1er&on& 4n3 t0eir inte9r4tion into t0e 64in&tre46 o' &ociet-. To24r3 t0i& en3, t0e St4te &0477 43o1t 1o7icie& en&/rin9 t0e re045i7it4tion, &e7'%3e.e7o16ent 4n3 &e7'%re7i4nce o' 3i&457e3 1er&on&. It &0477 3e.e7o1 t0eir &8i77& 4n3 1otenti47& to en457e t0e6 to co61ete '4.or457- 'or 4.4i7457e o11ort/nitie&. (5) i&457e3 1er&on& 04.e t0e &46e ri90t& 4& ot0er 1eo17e to t48e t0eir 1ro1er 174ce in &ociet-. T0e- &0o/73 5e 457e to 7i.e 'ree7- 4n3 4& in3e1en3ent7- 4& 1o&&i57e. T0i& 6/&t 5e t0e concern o' e.er-one J t0e '46i7-, co66/nit- 4n3 477 9o.ern6ent 4n3 non9o.ern6ent or94ni=4tion&. i&457e3 1er&on&B ri90t& 6/&t ne.er 5e 1ercei.e3 4& 2e7'4re &er.ice& 5- t0e )o.ern6ent. (c) T0e re045i7it4tion o' t0e 3i&457e3 1er&on& &0477 5e t0e concern o' t0e )o.ern6ent in or3er to 'o&ter t0eir c414cit- to 4tt4in 4 6ore 6e4nin9'/7, 1ro3/cti.e 4n3 &4ti&'-in9 7i'e. To re4c0 o/t to 4 9re4ter n/65er o' 3i&457e3 1er&on&, t0e re045i7it4tion &er.ice& 4n3 5ene'it& &0477 5e e;14n3e3 5e-on3 t0e tr43ition47 /r54n%54&e3 center& to co66/nit- 54&e3 1ro9r46&, t04t 2i77 en&/re '/77 14rtici14tion o' 3i''erent &ector& 4& &/11orte3 5- n4tion47 4n3 7oc47 9o.ern6ent 49encie&. (3) T0e St4te 47&o reco9ni=e& t0e ro7e o' t0e 1ri.4te &ector in 1ro6otin9 t0e 2e7'4re o' 3i&457e3 1er&on& 4n3 &0477 enco/r49e 14rtner&0i1 in 1ro9r46& t04t 433re&& t0eir nee3& 4n3 concern&. (e) To '4ci7it4te inte9r4tion o' 3i&457e3 1er&on& into t0e 64in&tre46 o' &ociet-, t0e St4te &0477 43.oc4te 'or 4n3 enco/r49e re&1ect 'or 3i&457e3 1er&on&. T0e St4te &0477 e;ert 477 e''ort& to re6o.e 477 &oci47, c/7t/r47, econo6ic,
Sec. 5. E?/47 !11ort/nit- 'or E617o-6ent. J No 3i&457e 1er&on &0477 5e 3enie3 4cce&& to o11ort/nitie& 'or &/it457e e617o-6ent. A ?/47i'ie3 3i&457e3 e617o-ee &0477 5e &/5<ect to t0e &46e ter6& 4n3 con3ition& o' e617o-6ent 4n3 t0e &46e co61en&4tion, 1ri.i7e9e&, 5ene'it&, 'rin9e 5ene'it&, incenti.e& or 477o24nce& 4& 4 ?/47i'ie3 457e 5o3ie3 1er&on. *i.e 1ercent (5K) o' 477 c4&/47 e6er9enc- 4n3 contr4ct/47 1o&ition& in t0e e14rt6ent& o' Soci47 Ae7'4re 4n3 e.e7o16ent> +e47t0> E3/c4tion, C/7t/re 4n3 S1ort&> 4n3 ot0er 9o.ern6ent 49encie&, o''ice& or cor1or4tion& en949e3 in &oci47 3e.e7o16ent &0477 5e re&er.e3 'or 3i&457e3 1er&on&. Sec. 6. S0e7tere3 E617o-6ent J I' &/it457e e617o-6ent 'or 3i&457e3 1er&on& c4nnot 5e 'o/n3 t0ro/90 o1en e617o-6ent 4& 1ro.i3e3 in t0e i66e3i4te7- 1rece3in9 Section, t0e St4te &0477 en3e4.or to 1ro.i3e it 5- 6e4n& o' &0e7tere3 e617o-6ent. In t0e 174ce6ent o' 3i&457e3 1er&on& in &0e7tere3 e617o-6ent, it &0477 4ccor3 3/e re94r3 to t0e in3i.i3/47 ?/47itie&, .oc4tion47 9o47& 4n3 inc7in4tion& to en&/re 4 9oo3 2or8in9 4t6o&10ere 4n3 e''icient 1ro3/ction. Sec. 7. A11rentice&0i1. J S/5<ect to t0e 1ro.i&ion& o' t0e (45or Co3e 4& 46en3e3, 3i&457e3 1er&on& &0477 5e e7i9i57e 4& 411rentice& or 7e4rner&: #ro.i3e3, T04t t0eir 04n3ic41 i& not 4& 6/c0 4& to e''ecti.e7- i61e3e t0e 1er'or64nce o' <o5 o1er4tion& in t0e 14rtic/74r occ/14tion 'or 20ic0 t0e- 4re 0ire3> #ro.i3e3, '/rt0er, T04t 4'ter t0e 741&e o' t0e 1erio3 o' 411rentice&0i1, i' 'o/n3 &4ti&'4ctor- in t0e <o5 1er'or64nce, t0e- &0477 5e e7i9i57e 'or e617o-6ent.
SC(A "$A ("###)
Bernardo ,. 8L(C ) JEBTC, =":
5uman B Labor ' B Pro&. Battad B Pa!e A:

&4ti&'4ctor- 1er'or64nce o' t0e 2or8 in.o7.e3 to t0e 1re</3ice o' t0e 5/&ine&& entit-: #ro.i3e3, 0o2e.er, T04t t0e e617o-er 'ir&t &o/90t to 1ro.i3e re4&on457e 4cco66o34tion& 'or 3i&457e3 1er&on&> (0) *4i7in9 to &e7ect or 436ini&ter in t0e 6o&t e''ecti.e 64nner e617o-6ent te&t& 20ic0 4cc/r4te7- re'7ect t0e &8i77&, 41tit/3e or ot0er '4ctor o' t0e 3i&457e3 4117ic4nt or e617o-ee t04t &/c0 te&t& 1/r1ort& to 6e4&/re, r4t0er t04n t0e i614ire3 &en&or-, 64n/47 or &1e48in9 &8i77& o' &/c0 4117ic4nt or e617o-ee, i' 4n-> 4n3 (i) E;c7/3in9 3i&457e3 1er&on& 'ro6 6e65er&0i1 in 745or /nion& or &i6i74r or94ni=4tion&.
e. 5iscrimination, (A %4%%, Secs. =4, ==
Sec. 32. i&cri6in4tion on E617o-6ent. J No entit-, 20et0er 1/57ic or 1ri.4te, &0477 3i&cri6in4te 494in&t 4 ?/47i'ie3 3i&457e3 1er&on 5- re4&on o' 3i&45i7it- in re94r3 to <o5 4117ic4tion 1roce3/re&, t0e 0irin9, 1ro6otion, or 3i&c04r9e o' e617o-ee&, e617o-ee co61en&4tion, <o5 tr4inin9, 4n3 ot0er ter6&, con3ition&, 4n3 1ri.i7e9e& o' e617o-6ent. T0e 'o77o2in9 con&tit/te 4ct& o' 3i&cri6in4tion: (4) (i6itin9, &e9re94tin9 or c74&&i'-in9 4 3i&457e3 <o5 4117ic4nt in &/c0 4 64nner t04t 43.er&e74''ect& 0i& 2or8 o11ort/nitie&> (5) "&in9 ?/47i'ic4tion &t4n34r3&, e617o-6ent te&t& or ot0er &e7ection criteri4 t04t &creen o/t or ten3 to &creen o/t 4 3i&457e3 1er&on /n7e&& &/c0 &t4n34r3&, te&t& or ot0er &e7ection criteri4 4re &0o2n to 5e <o5%re74te3 'or t0e 1o&ition in ?/e&tion 4n3 4re con&i&tent 2it0 5/&ine&& nece&&it-> (c) "ti7i=in9 &t4n34r3&, criteri4, or 6et0o3& o' 436ini&tr4tion t04t: (1) 04.e t0e e''ect o' 3i&cri6in4tion on t0e 54&i& o' 3i&45i7it-> or (2) 1er1et/4te t0e 3i&cri6in4tion o' ot0er& 20o 4re &/5<ect to co66on 436ini&tr4ti.e contro7. (3) #ro.i3in9 7e&& co61en&4tion, &/c0 4& &474r-, 249e or ot0er 'or6& o' re6/ner4tion 4n3 'rin9e 5ene'it&, to 4 ?/47i'ie3 3i&457e3 e617o-ee, 5re4&on o' 0i& 3i&45i7it-, t04n t0e 46o/nt to 20ic0 4 non%3i&457e3 1er&on 1er'or6in9 t0e &46e 2or8 i& entit7e3> (e) *4.orin9 4 non%3i&457e3 e617o-ee o.er 4 ?/47i'ie3 3i&457e3 e617o-ee 2it0 re&1ect to 1ro6otion, tr4inin9 o11ort/nitie&, &t/3- 4n3 &c0o74r&0i1 9r4nt&, &o7e7- on 4cco/nt o' t0e 74tterB& 3i&45i7it-> (') Re%4&&i9nin9 or tr4n&'errin9 4 3i&457e3 e617o-ee to 4 <o5 or 1o&ition 0e c4nnot 1er'or6 5- re4&on o' 0i& 3i&45i7it-> (9) i&6i&&in9 or ter6in4tin9 t0e &er.ice& o' 4 3i&457e3 e617o-ee 5- re4&on o' 0i& 3i&45i7it/n7e&& t0e e617o-er c4n 1ro.e t04t 0e i614ir& t0e
Sec. 33. E617o-6ent Entr4nce E;46in4tion. J "1on 4n o''er o' e617o-6ent, 4 3i&457e3 4117ic4nt 64- 5e &/5<ecte3 to 6e3ic47 e;46in4tion, on t0e 'o77o2in9 occ4&ion&: (4) 477 enterin9 e617o-ee& 4re &/5<ecte3 to &/c0 4n e;46in4tion re94r37e&& o' 3i&45i7it-> (5) in'or64tion o5t4ine3 3/rin9 t0e 6e3ic47 con3ition or 0i&tor- o' t0e 4117ic4nt i& co77ecte3 4n3 64int4ine3 on &e14r4te 'or6& 4n3 in &e14r4te 6e3ic47 'i7e& 4n3 i& tre4te3 4& 4 con'i3enti47 6e3ic47 recor3> #ro.i3e3, 0o2e.er, T04t: (1) &/1er.i&or& 4n3 64n49er& 64- 5e in'or6e3 re94r3in9 nece&&4r- re&triction& on t0e 2or8 or 3/tie& o' t0e e617o-ee& 4n3 nece&&4r4cco66o34tion&> (2) 'ir&t 4i3 4n3 &4'et- 1er&onne7 64- 5e in'or6e3, 20en 411ro1ri4te, i' t0e 3i&45i7it- 64- re?/ire e6er9enc- tre4t6ent> (3) 9o.ern6ent o''ici47& in.e&ti94tin9 co617i4nce 2it0 t0i& Act &0477 5e 1ro.i3e3 re7e.4nt in'or64tion on re?/e&t> 4n3 (4) t0e re&/7t& o' &/c0 e;46in4tion 4re /&e3 on7in 4ccor34nce 2it0 t0i& Act.
&. En&orcement, Secs. @@, @?, @A
Sec. 44. En'orce6ent 5- t0e Secret4r- o' C/&tice. J (4) eni47 o' Ri90t (1) /t- to In.e&ti94te J t0e Secret4r- o' C/&tice &0477 in.e&ti94te 477e9e3 .io74tion& o' t0i& Act, 4n3 &0477 /n3ert48e 1erio3ic re.ie2& o' co617i4nce o' co.ere3 entitie& /n3er t0i& Act. (5) #otenti47 @io74tion& J I' t0e Secret4r- o' C/&tice 04& re4&on457e c4/&e to 5e7ie.e t04t J (1) 4n- 1er&on or 9ro/1 o' 1er&on& i& en949e3 in 4 14ttern or 1r4ctice o' 3i&cri6in4tion /n3er t0i& Act> or (2) 4n- 1er&on or 9ro/1 or 1er&on& 04& 5een 3i&cri6in4te3 494in&t /n3er t0i& Act 4n3 &/c0 3i&cri6in4tion r4i&e& 4n i&&/e o' 9ener47 1/57ic i61ort4nce, t0e Secret4r- o' C/&tice 64co66ence 4 7e947 4ction in 4n- 411ro1ri4te co/rt.
5uman B Labor ' B Pro&. Battad B Pa!e A"

Sec. 45. A/t0orit- o' Co/rt. J T0e co/rt 649r4nt 4n- e?/it457e re7ie' t04t &/c0 co/rt con&i3er& to 5e 411ro1ri4te, inc7/3in9, to t0e e;tent re?/ire3 5- t0i& Act: (4) 9r4ntin9 te61or4r-, 1re7i6in4r- or 1er64nent re7ie'> (5) 1ro.i3in9 4n 4/;i7i4r- 4i3 or &er.ice, 6o3i'ic4tion o' 1o7ic-, 1r4ctice or 1roce3/re, or 47tern4ti.e 6et0o3> 4n3 (c) 648in9 '4ci7itie& re43i7- 4cce&&i57e to 4n3 /&457e 5- in3i.i3/47& 2it0 3i&45i7itie&. Sec. 46. #en47 C74/&e. J (4) An- 1er&on 20o .io74te& 4n- 1ro.i&ion o' t0i& Act &0477 &/''er t0e 'o77o2in9 1en47tie&: (1) 'or t0e 'ir&t .io74tion, 4 'ine o' not 7e&& t04n *i't- t0o/&4n3 1e&o& (#50,000.00) 5/t not e;cee3in9 !ne 0/n3re3 t0o/&4n3 1e&o& (#100,000.00) or i61ri&on6ent o' not 7e&& t04n &i; (6) 6ont0& 5/t not 6ore t04n t2o (2) -e4r&, or 5ot0 4t t0e 3i&cretion o' t0e co/rt> 4n3 (2) 'or 4n- &/5&e?/ent .io74tion, 4 'ine o' not 7e&& t04n !ne 0/n3re3 t0o/&4n3 1e&o& (#100,000.00) 5/t not e;cee3in9 T2o 0/n3re3 t0o/&4n3 1e&o& (#200,000.00) or i61ri&on6ent 'or not 7e&& t04n t2o (2) -e4r& 5/t not 6ore t04n &i; (6) -e4r&, or 5ot0 4t t0e 3i&cretion o' t0e co/rt. (5) An- 1er&on 20o 45/&e& t0e 1ri.i7e9e& 9r4nte3 0erein &0477 5e 1/ni&0e3 2it0 i61ri&on6ent o' not 7e&& t04n &i; (6) 6ont0& or 4 'ine o' not 7e&& t04n *i.e t0o/&4n3 1e&o& (#5,000.00), 5/t not 6ore t04n *i't- t0o/&4n3 1e&o& (#50,000.00), or 5ot0, 4t t0e 3i&cretion o' t0e co/rt. (c) I' t0e .io74tor i& 4 cor1or4tion, or94ni=4tion or 4n- &i6i74r entit-, t0e o''ici47& t0ereo' 3irect7in.o7.e3 &0477 5e 7i457e t0ere'or. (3) I' t0e .io74tor i& 4n 47ien or 4 'orei9ner, 0e &0477 5e 3e1orte3 i66e3i4te7- 4'ter &er.ice o' &entence 2it0o/t '/rt0er 3e1ort4tion 1rocee3in9&.
8+TES7
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<abo#: Alien Em lo/ment (e!ulation (e&erence7 Arts. "4 (e), @:-@4; +mnibus (ules, Boo1 ', (ule <'9, 5+ "4, "A 8o,. 4::"; +mnibus .uidelines &or 'ssuance o& Em lo/ment Permits to Jorei!n 8ationals); Const., Art. <'', Sec. "4 Labor Co"e Art. "4 (e) To re!ulate the em lo/ment o& aliens, includin! the establishment o& a re!istration andBor wor1 ermit s/stem; A(T. @:. Emplo ment permit of non!resident aliens. An/ alien see1in! admission to the Phili ines &or em lo/ment ur oses and an/ domestic or &orei!n em lo/er who desires to en!a!e an alien &or em lo/ment in the Phili ines shall obtain an em lo/ment ermit &rom the 5e artment o& Labor. The em lo/ment ermit ma/ be issued to a nonresident alien or to the a licant em lo/er a&ter a determination o& the non-a,ailabilit/ o& a erson in the Phili ines who is com etent, able and willin! at the time o& a lication to er&orm the ser,ices &or which the alien is desired. Jor an enter rise re!istered in re&erred areas o& in,estments, said em lo/ment ermit ma/ be issued u on recommendation o& the !o,ernment a!enc/ char!ed with the su er,ision o& said re!istered enter rise. A(T. @". Prohi"ition against transfer of emplo ment. - (a) A&ter the issuance o& an em lo/ment ermit, the alien shall not trans&er to another 3ob or chan!e his em lo/er without rior a ro,al o& the Secretar/ o& Labor. (b) An/ non-resident alien who shall ta1e u em lo/ment in ,iolation o& the ro,ision o& this Title 5uman B Labor ' B Pro&. Battad B Pa!e A4
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and its im lementin! rules and re!ulations shall be unished in accordance with the ro,isions o& Articles 4$# and 4#: o& the Labor Code. 'n addition, the alien wor1er shall be sub3ect to de ortation a&ter ser,ice o& his sentence. A(T. @4. Su"mission of list. - An/ em lo/er em lo/in! non-resident &orei!n nationals on the e&&ecti,e date o& this Code shall submit a list o& such nationals to the Secretar/ o& Labor within thirt/ (=:) da/s a&ter such date indicatin! their names, citizenshi , &orei!n and local addresses, nature o& em lo/ment and status o& sta/ in the countr/. The Secretar/ o& Labor shall then determine i& the/ are entitled to an em lo/ment ermit. O,n$b&s R&#es2 BooA I2 R&#e XI3 (KLE <'9 Em lo/ment o& Aliens SECT'+8 ". Co,era!e. O This (ule shall a l/ to all aliens em lo/ed or see1in! em lo/ment in the Phili ines, and their resent or ros ecti,e em lo/ers. SECT'+8 4. Submission o& list. O All em lo/ers em lo/in! &orei!n nationals, whether resident or non-resident shall submit a list o& such nationals to the Bureau indicatin! their names, citizenshi , &orei!n and local addresses; nature o& em lo/ment and status o& sta/ in the Phili ines. SECT'+8 =. (e!istration o& resident aliens. O All em lo/ed resident aliens shall re!ister with the Bureau under such !uidelines as ma/ be issued b/ it. SECT'+8 @. Em lo/ment ermit re>uired &or entr/. O 8o alien see1in! em lo/ment, whether on resident or non-resident status, ma/ enter the Phili ines without &irst securin! an em lo/ment ermit &rom the 5e artment o& Labor and Em lo/ment. '& an alien enters the countr/ under a non-wor1in! ,isa and wishes to be em lo/ed therea&ter, he ma/ onl/ be allowed to be em lo/ed u on resentation o& a dul/ a ro,ed em lo/ment ermit. SECT'+8 ?. (e>uirements &or em lo/ment ermit a lication. O The a lication &or an em lo/ment ermit shall be accom anied b/ the &ollowin!7 (a) Curriculum ,itae dul/ si!ned b/ the indicatin! his educational bac1!round, e0 erience and other data showin! ossesses hi!h technical s1ills in his ro&ession; a licant his wor1 that he trade or (=) That he shall not en!a!e in an/ !ain&ul em lo/ment other than that &or which he was issued a ermit. (c) A desi!nation b/ the em lo/er o& at least two (4) understudies &or e,er/ alien wor1er. Such understudies must be the most ran1in! re!ular em lo/ees in the section or de artment &or which the e0 atriates are bein! hired to ensure the actual trans&er o& technolo!/. SECT'+8 A. 'ssuances o& em lo/ment ermit. O The Secretar/ o& Labor and Em lo/ment ma/ issue an em lo/ment ermit to the a licant based on7 a) Com liance b/ the a licant and his em lo/er with the re>uirements o& Section 4 hereo&; b) (e ort o& the Bureau 5irector as to the a,ailabilit/ or non-a,ailabilit/ o& an/ erson in the Phili ines who is com etent, able, and willin! to do the 3ob &or which the ser,ices o& the a licant are desired; c) *is assessment as to whether or not the em lo/ment o& the a licant will redound to the national interest; d) Admissibilit/ o& the alien as certi&ied b/ the Commission on 'mmi!ration and 5e ortation; e) The recommendation o& the Board o& 'n,estments or other a ro riate !o,ernment a!encies i& the a licant will be em lo/ed in re&erred areas o& in,estments or in accordance with im erati,es o& economic de,elo ments; and &) Pa/ments o& a P"::.:: &ee. SECT'+8 %. 5uration o& em lo/ment ermit. O Sub3ect to renewal u on showin! o& !ood cause, the em lo/ment ermit shall be ,alid &or a minimum eriod o& one (") /ear startin! &rom the date o& its issuance unless sooner re,o1ed b/ the Secretar/ o& Labor and Em lo/ment &or ,iolation o& an/ ro,isions o& the Code or o& these (ules. SECT'+8 $. Ad,ice to Commission on 'mmi!ration and 5e ortation. O The Bureau shall ad,ice the Commission on 'mmi!ration and 5e ortation on the issuance o& an em lo/ment ermit to an a licant. SECT'+8 #. Knderstud/ Trainin! Pro!ram. O The em lo/er shall submit a trainin! ro!ram &or his understudies to the Bureau within thirt/ (=:) da/s u on arri,al o& the alien wor1ers. The su er,ision o& the trainin! ro!ram shall be the res onsibilit/ o& the Bureau and shall be in accordance with standards established b/ the Secretar/ o& Labor and Em lo/ment. O,n$b&s G&$"e#$nes -or Iss&ance oE,p#o5,en .er,$ s o Fore$'n Na $ona#s BDO 1>2 No6e,ber 1>2 >771.
(b) Contract o& em lo/ment between the em lo/er and the rinci al which shall embod/ the &ollowin!, amon! others7 (") That the non-resident alien wor1er shall com l/ with all a licable laws and rules and re!ulations o& the Phili ines; (4) That the non-resident alien wor1er and the em lo/er shall bind themsel,es to train at least two (4) Jili ino understudies &or a eriod to be determined b/ the Secretar/ o& Labor and Em lo/ment; and
E#ART$ENT !R ER N!. 12 (Serie& o' 2001) . . !$NI,"S )"I E(INES *!R T+E ISS"ANCE !* E$#(!D$ENT #ER$ITS T! *!REI)N NATI!NA(S. . .
5uman B Labor ' B Pro&. Battad B Pa!e A=

#/r&/4nt to t0e 1ro.i&ion& o' Artic7e& 5 4n3 40 o' #. . 442, 4& 46en3e3, t0e 1ro.i&ion& o' R/7e XI@, ,oo8 I o' it& I617e6entin9 R/7e& 4n3 Re9/74tion&, Section 17(5), C041ter 4, Tit7e @II o' t0e A36ini&tr4ti.e Co3e o' 1987, t0e 'o77o2in9 !6ni5/& )/i3e7ine& 'or t0e i&&/4nce o' E617o-6ent #er6it& 4re 0ere5- 1ro6/794te3: Rule 0 Coverage and "#emption 1. The follo$ing shall apply for Alien "mployment ermit 3A" 49 1.1. A77 'orei9n n4tion47& &ee8in9 436i&&ion to t0e #0i7i11ine& 'or t0e 1/r1o&e o' e617o-6ent> 1.2. $i&&ion4rie& or re7i9io/& 2or8er& 20o inten3 to en949e in 94in'/7 e617o-6ent> 1.3. +o73er& o' S1eci47 In.e&tor& Re&i3ent @i&4 (SIR@), S1eci47 Retiree& Re&i3ent @i&4 (SRR@), Tre4t- Tr43er& @i&4 (93) or S1eci47 Non%i66i9r4nt @i&4 (47(4)2), 20o occ/1- 4n- e;ec/ti.e, 43.i&or-, &/1er.i&or-, or tec0nic47 1o&ition in 4ne&t457i&06ent> 1.4. A9encie&, or94ni=4tion& or in3i.i3/47& 20et0er 1/57ic or 1ri.4te, 20o &ec/re t0e &er.ice& o' 'orei9n 1ro'e&&ion47& to 1r4ctice t0eir 1ro'e&&ion& in t0e #0i7i11ine& in t0e #0i7i11ine& /n3er reci1rocit- 4n3 ot0er intern4tion47 49ree6ent&> 1.5. Non%In3o%C0ine&e Re'/9ee& 20o 4re 4&-7/6 &ee8er& 4n3 9i.en re'/9ee &t4t/& 5- t0e "nite3 N4tion& +i90 Co66i&&ioner on Re'/9ee& ("N+CR) or t0e e14rt6ent o' C/&tice /n3er !C e14rt6ent !r3er No. 94, &erie& o' 1998> 1.6. Re&i3ent 'orei9n n4tion47& &ee8in9 e617o-6ent in t0e #0i7i11ine&. :. "#emption. T0e 'o77o2in9 c4te9orie& o' 'orei9n n4tion47& 4re e;e61t 'ro6 &ec/rin9 4n e617o-6ent 1er6it in or3er to 2or8 in t0e #0i7i11ine&. 2.1 A77 6e65er& o' t0e 3i17o64tic &er.ice& 4n3 'orei9n 9o.ern6ent o''ici47& 4ccre3ite3 5- t0e #0i7i11ine )o.ern6ent> 2.2 !''icer& 4n3 &t4'' o' intern4tion47 or94ni=4tion& o' 20ic0 t0e #0i7i11ine 9o.ern6ent i& 4 coo1er4tin9 6e65er, 4n3 t0eir 7e9iti64te &1o/&e 3e&irin9 to 2or8 in t0e #0i7i11ine&> 2.3 *orei9n n4tion47& e7ecte3 4& 6e65er& o' t0e )o.ernin9 5o4r3 20o 3o not occ/1- 4n- ot0er 1o&ition, 5/t 04.e on7- .otin9 ri90t& in t0e cor1or4tion> 4n3 2.4 A77 'orei9n n4tion47& 9r4nte3 e;e61tion 5&1eci47 742& 4n3 477 ot0er 742& t04t 64- 5e 1ro6/794te3 5- t0e Con9re&&. Rule 00 rocedures in the rocessing of Applications for A" 1. A77 'orei9n n4tion47& &ee8in9 e617o-6ent in t0e #0i7i11ine& /n3er R/7e 1 0ereo' or t0eir 1ro&1ecti.e e617o-er&, &0477 'i7e t0eir 4117ic4tion& 2it0 t0e !(E Re9ion47 !''ice 04.in9 </ri&3iction o.er t0e inten3e3 174ce o' 2or8. 2. &ees % T0e 4117ic4nt &0477 14- 'i7in9, 1/57ic4tion 4n3 1er6it 'ee& in t0e 46o/nt o' Ei90t t0o/&4n3 1e&o& (#8,000.00) 'or e4c0 4117ic4tion 'or AE# 2it0 4 .47i3it- o' one (1) -e4r. T0ree t0o/&4n3 1e&o& (#3,000.00) &0477 5e c04r9e3 'or e.er433ition47 -e4r o' .47i3it- or 4 'r4ction t0ereo'. 3. An AE# &0477 5e i&&/e3 54&e3 on t0e 'o77o2in9: 3.1. Co617i4nce 5-e t0e 4117ic4nt e617o-er or t0e 'orei9n n4tion47 2it0 t0e &/5&t4nti.e 4n3 3oc/6ent4rre?/ire6ent&> 3.2. eter6in4tion o' t0e !(E Secret4r- t04t t0ere i& no *i7i1ino n4tion47 20o i& co61etent, 457e 4n3 2i77in9 to 3o t0e <o5 'or 20ic0 t0e &er.ice& o' t0e 4117ic4nt i& 3e&ire3> 3.3. A&&e&&6ent o' t0e !(E Secret4r- t04t t0e e617o-6ent o' t0e 'orei9n n4tion47 2i77 re3o/n3 to n4tion47 5ene'it> 4. Denial of Application for A" % An 4117ic4tion 'or AE# 64- 5e 3enie3 54&e3 on t0e 9ro/n3 o' non%co617i4nce 2it0 4n- o' t0e re?/ire6ent& 'or i&&/4nce o' AE# or 'or 6i&re1re&ent4tion o' '4ct& in t0e 4117ic4tion or &/56i&&ion o' '47&i'ie3 or t461ere3 3oc/6ent&. *orei9n n4tion47& 20o&e 4117ic4tion& 04.e 5een 3enie3 &0477 not 5e 477o2e3 to re%4117- in 4n- o' t0e !(E Re9ion47 !''ice&. 5. Rene$al of ermit % An 4117ic4tion 'or rene247 o' AE# &0477 5e 'i7e3 4t 7e4&t 'i'teen (15) 34-& 5e'ore it& e;1ir4tion. *or e7ecti.e o''icer&, 4117ic4tion& 'or rene247 &0477 5e 'i7e3 /1on e7ection or 4t 7e4&t t0irt- (30) 34-& 5e'ore t0e e''ecti.it- o' t0e 4117ic4ntB& ter6 o' o''ice i' t0e &/ccee3in9 ter6 o' o''ice i& 4&cert4ine3. *4i7/re to 'i7e t0e 4117ic4tion 'or rene247 o' 1er6it 2it0in t0e 1re&cri5e3 1erio3 &0477 5e &/5<ect to 'ine& o' *i.e T0o/&4n3 #e&o& (5,000.00), i' 'i7e3 2it0in &i; (6) 6ont0& 4'ter t0e 1re&cri5e3 1erio3 4n3 Ten T0o/&4n3 #e&o& (10,000.00), i' 'i7e3 4'ter &i; (6) 6ont0&. *4i7/re to rene2 t0e AE# 2it0in one (1) -e4r 4'ter it& e;1ir4tion &0477 5e 4 c4/&e 'or it& re.oc4tion or c4nce774tion. 6. T0e e617o-er &0477 noti'- t0e !(E%R! 20ic0 i&&/e3 t0e 1er6it o' t0e 34te o' t0e 4&&/61tion to 3/t- o' t0e 'orei9n n4tion47 2it0in t0irt- (30) 34-& 'ro6 i&&/4nce o' t0e 1er6it. 7. 7alidity of ermits % T0e .47i3it- o' 1er6it& &0477 5e 4& 'o77o2&: 7.1. A& 4 9ener47 r/7e, t0e .47i3it- o' 1er6it& &0477 5e 'or 4 1erio3 o' one (1) -e4r, /n7e&& t0e e617o-6ent contr4ct, con&/7t4nc- &er.ice&, or ot0er 6o3e& o' en949e6ent or ter6 o' o''ice 'or e7ecti.e o''icer&, 1ro.i3e& 'or 4 7on9er 1erio3. 7.2. T0e e''ecti.it- o' t0e rene247 &0477 5e on t0e 34- 4'ter t0e e;1ir4tion o' t0e 1re.io/& 1er6it, re94r37e&& o' 20et0er or not t0e rene247 i& 9r4nte3 5e'ore or 4'ter t0e e;1ir4tion o' t0e
5uman B Labor ' B Pro&. Battad B Pa!e A@

1re.io/& 1er6it. 4n3 0e4rin9, &0477 04.e t0e 1o2er to or3er 4n3 i61o&e 4 'ine o' *i.e T0o/&4n3 #e&o& (#5,000.00) on 'orei9n n4tion47& 'o/n3 2or8in9 2it0o/t 4n AE# 'or 7e&& t04n one (1) -e4r 4n3 Ten T0o/&4n3 #e&o& (#10,000.00) 'or 6ore t04n one (1) -e4r. 2. A77 4117ic4tion& 'or e617o-6ent 1er6itIcerti'ic4te& 1en3in9 4t t0e !(E%R! /1on t0e e''ecti.it- o' t0e&e )/i3e7ine& &0477 5e co.ere3 4n3 1roce&&e3 /n3er t0e 1ro.i&ion& o' t0e&e )/i3e7ine&. 3. +o73er& o' 1ro.i&ion47 4n3 e;ten3e3 AE#& i&&/e3 /n3er $e6or4n3/6 34te3 24 A/9/&t 2001 re94r3in9 A7tern4ti.e Interi6 $e4&/re& 'or t0e I&&/4nce o' A7ien E617o-6ent #er6it&, &0477 4117- 'or 4n AE# 1/r&/4nt to t0e&e )/i3e7ine& on or 5e'ore t0e e;1ir4tion o' t0e 1ro.i&ion47 4n3 e;ten3e3 AE#. 4. *orei9n n4tion47& 20o 4re 47re43- 2or8in9 in t0e co/ntr- 4n3 20o 04.e not -et &ec/re3 t0e re?/i&ite e617o-6ent 1er6it &0477 04.e ninet(90) 34-& 'ro6 t0e e''ecti.it- o' t0e&e )/i3e7ine& to &ec/re t0e &4i3 e617o-6ent 1er6it 2it0o/t 1en47t-. Rule 7 .iscellaneous rovisions
7.3. A& 4 9ener47 r/7e, t0e 1er6it& &0477 5e .47i3 on7- 'or t0e 1o&ition 4n3 t0e e617o-er 'or 20ic0 it 24& i&&/e3, e;ce1t in c4&e o' 'orei9n n4tion47& 20o 4re 0o73er& o' 6/7ti17e 1o&ition& in one cor1or4tion, 20ere one AE# &0477 5e .47i3 'or &/c0 6/7ti17e 1o&ition&. 7.4. T0e 1er6it& o' re&i3ent 'orei9n n4tion47& &0477 5e .47i3 'or 6/7ti17e e617o-er&, re94r37e&& o' t0e n4t/re 4n3 3/r4tion o' t0eir e617o-6ent, 1ro.i3e3 t04t t0e- &0477 re1ort c04n9e& in t0eir e617o-6ent &t4t/& 4n3 t0e i3entit- o' t0eir e617o-er& to t0e !(E Re9ion47 !''ice 20ic0 04& i&&/e3 t0e 1er6it. Rule 000 Revocation;Cancellation of "mployment ermits 0ssued 1. T0e 1er6it& i&&/e3 64-, motu proprio or /1on 4 1etition, 5e c4nce77e3 or re.o8e3 54&e3 on 4no' t0e 'o77o2in9 9ro/n3&: 1.1 $i&re1re&ent4tion o' '4ct& or '47&i'ic4tion o' t0e 3oc/6ent& &/56itte3> 1.2 T0e 'orei9n n4tion47 04& 5een 3ec74re3 4& 4n /n3e&ir457e 47ien 5- co61etent 4/t0oritie&> 1.3 Non%co617i4nce 2it0 t0e con3ition& 'or 20ic0 t0e AE# 24& i&&/e3> 1.4 *4i7/re to rene2 AE# 2it0in one (1) -e4r 4'ter it& e;1ir4tion. 2. #etition& 'or c4nce774tion or re.oc4tion o' 1er6it& i&&/e3 &0477 5e re&o7.e3 2it0in t0irt- (30) c47en34r& 'ro6 recei1t t0ereo'. 3. An- 499rie.e3 14rt- 64- 'i7e 4 $otion 'or Recon&i3er4tion 4n3Ior A11e47 4n3 t0e &46e &0477 5e re&o7.e3 54&e3 on #4r49r410 4 o' t0i& R/7e. 4. Remedies in Case of Denial or Cancellation % A $otion 'or Recon&i3er4tion 64-5e 'i7e3 5- 4n 499rie.e3 14rt- 2it0in &e.en (7) c47en34r 34-& 4'ter recei1t o' t0e !r3er o' eni47IC4nce774tion. T0e !(E Re9ion47 irector &0477 re&o7.e t0e &4i3 $otion 'or Recon&i3er4tion 2it0in ten (10) c47en34r 34-& 'ro6 recei1t t0ereo'. A 6otion 'or Recon&i3er4tion 'i7e3 4'ter t0e 1erio3 o' &e.en (7) c47en34r 34-& 5/t 2it0in ten (10) c47en34r 34-& 4'ter recei1t o' t0e 3eni47 &0477 5e tre4te3 4& 4n 411e47. An 411e47 'ro6 t0e 3eci&ion o' t0e !(E Re9ion47 irector 64- 5e 'i7e3 2it0 t0e Secret4r- o' 745or 4n3 E617o-6ent 2it0in ten (10) c47en34r 34-& 'ro6 recei1t o' 4n !r3er 'ro6 t0e !(E Re9ion47 irector. T0e 3eci&ion o' t0e Secret4r- o' (45or 4n3 E617o-6ent &0477 5e 'in47 4n3 /n411e47457e.
1. .anual of -perations. % T0e ,/re4/ o' (oc47 E617o-6ent &0477 i&&/e 4 $4n/47 o' !1er4tion& to i617e6ent t0e 1ro.i&ion& o' t0e&e )/i3e7ine&. 2. !eparability Clause. % I' 4n- 1ro.i&ion or 14rt o' t0i& e14rt6ent !r3er or t0e 4117ic4tion t0ereo' to 4n- 1er&on or circ/6&t4nce i& 0e73 in.47i3 5t0e Co/rt&, t0e re64inin9 .47i3 1ro.i&ion& o' t0i& e14rt6ent !r3er &0477 not 5e 4''ecte3. 3. Repealing Clause. % A77 9/i3e7ine&, r/7e& 4n3 re9/74tion& 4n3 49ree6ent& incon&i&tent 0ere2it0 4re 0ere5- re1e47e3 or 6o3i'ie3 4ccor3in97-. 4. "ffectivity. % T0e&e 9/i3e7ine& &0477 t48e e''ect 'i'teen (15) 34-& 4'ter it& 1/57ic4tion in t2o (2) ne2&141er& o' 9ener47 circ/74tion.
Cons $ & $on2 Ar . XII2 Sec. 1>
Section 12. The State shall promote the preferential use of Cilipino labor, domestic materials and locally produced goods, and adopt measures that help ma)e them competitive.
F. Con"$ $ons o- WorA (e&erence7 Arts. $4-#:; +mnibus (ules, Boo1 ''', (ules l, lA, ll
Rule 07 enal and Transitory rovisions 1. T0e !(E Re9ion47 irector&, 4'ter 3/e notice
Title ! A' O!+: C'+2!T!'+S A+2 #ST 5# !'2S Chapter ! 9'B S 'C A' O
5uman B Labor ' B Pro&. Battad B Pa!e A?

A T. >.. Coverage. - The provisions of this Title shall apply to employees in all establishments and underta)ings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and wor)ers who are paid by results as determined by the Secretary of "abor in appropriate regulations. As used herein, "managerial employees" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. "1ield personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of wor) in the field cannot be determined with reasonable certainty. A T. >4. Normal hours of #or-. - The normal hours of wor) of any employee shall not e*ceed eight ,>1 hours a day. 9ealth personnel in cities and municipalities with a population of at least one million ,-,777,7771 or in hospitals and clinics with a bed capacity of at least one hundred ,-771 shall hold regular office hours for eight ,>1 hours a day, for five ,/1 days a wee), e*clusive of time for meals, e*cept where the e*igencies of the service require that such personnel wor) for si* ,31 days or forty-eight ,0>1 hours, in which case, they shall be entitled to an additional compensation of at least thirty percent ,47K1 of their regular wage for wor) on the si*th day. Cor purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social wor)ers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. A T. >0. 5ours #or-ed. - 9ours wor)ed shall include ,a1 all time during which an employee is required to be on duty or to be at a prescribed wor)place< and ,b1 all time during which an employee is suffered or permitted to wor). est periods of short duration during wor)ing hours shall be counted as hours wor)ed. A T. >/. 'eal periods. - Subject to such regulations as the Secretary of "abor may prescribe, it shall be the duty of every employer to give his employees not less than si*ty ,371 minutes time-off for their regular meals. A T. >3. Night shift differential. - #very employee shall be paid a night shift differential of not less than ten percent ,-7K1 of his regular wage for each hour of wor) performed between ten o?cloc) in the evening and si* o?cloc) in the morning. A T. >6. &vertime #or-. - Aor) may be performed beyond eight ,>1 hours a day provided that the employee is paid for the overtime wor), an additional compensation equivalent to his regular wage plus at least twenty-five percent ,./K1 thereof. Aor) 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 ,47K1 thereof. A T. >>. 3ndertime not offset by overtime. Bndertime wor) on any particular day shall not be offset by overtime wor) on any other day. 5ermission given to the employee to go on leave on some other day of the wee) shall not e*empt the employer from paying the additional compensation required in this Chapter. A T. >8. )mergency overtime #or-. - Any employee may be required by the employer to perform overtime wor) in any of the following cases;chan robles virtual law library ,a1 Ahen the country is at war or when any other national or local emergency has been declared by the +ational Assembly or the Chief #*ecutive< ,b1 Ahen it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthqua)e, epidemic, or other disaster or calamity< ,c1 Ahen there is urgent wor) to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature< ,d1 Ahen the wor) is necessary to prevent loss or damage to perishable goods< and ,e1 Ahere the completion or continuation of the wor) started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render overtime wor) under this Article shall be paid the additional compensation required in this Chapter. A T. 87. Computation of additional compensation. Cor purposes of computing overtime and other additional remuneration as required by this Chapter, the "regular #age" of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer. &''O T9 ## Conditions of #mployment B"# ! 9ours of Aor) S#CT!'+ -. :eneral statement on coverage. E The provisions of this ule shall apply to all employees in
5uman B Labor ' B Pro&. Battad B Pa!e AA

all establishments and underta)ings, whether operated for profit or not, e*cept to those specifically e*empted under Section . hereof. S#CT!'+ .. #*emption. E The provisions of this ule shall not apply to the following persons if they qualify for e*emption under the conditions set forth herein; ,a1 :overnment employees whether employed by the +ational :overnment or any of its political subdivision, including those employed in governmentowned andHor controlled corporations< ,b1 =anagerial employees, if they meet all of the following conditions; ,-1 Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. ,.1 They customarily and regularly direct the wor) of two or more employees therein. ,41 They have the authority to hire or fire employees of lower ran)< or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. ,c1 'fficers or members of a managerial staff if they perform the following duties and responsibilities; ,-1 The primary duty consists of the performance of wor) directly related to management policies of their employer< ,.1 Customarily and regularly e*ercise discretion and independent judgment< and ,41 ,i1 egularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof< or ,ii1 e*ecute under general supervision wor) along speciali(ed or technical lines requiring special training, e*perience, or )nowledge< or ,iii1 e*ecute, under general supervision, special assignments and tas)s< and ,01 Aho do not devote more than .7 percent of their hours wor)ed in a wor) wee) to activities which are not directly and closely related to the performance of the wor) described in paragraphs ,-1, ,.1 and ,41 above. ,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household. ,e1 Aor)ers who are paid by results, including those who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas) basis, and other non-time wor) if their output rates are in accordance with the standards prescribed under Section >, ule D!!, &oo) Three of these regulations, or where such rates have been fi*ed by the Secretary of "abor and #mployment in accordance with the aforesaid Section. ,f1 +on-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of wor) in the field cannot be determined with reasonable certainty. S#CT!'+ 4. 9ours wor)ed. E The following shall be considered as compensable hours wor)ed; ,a1 All time during which an employee is required to be on duty or to be at the employerJs premises or to be at a prescribed wor) place< and ,b1 All time during which an employee is suffered or permitted to wor). S#CT!'+ 0. 5rinciples in determining hours wor)ed. E The following general principles shall govern in determining whether the time spent by an employee is considered hours wor)ed for purposes of this ule; ,a1 All hours are hours wor)ed which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental e*ertion. ,b1 An employee need not leave the premises of the wor) place in order that his rest period shall not be counted, it being enough that he stops wor)ing, may rest completely and may leave his wor) place, to go elsewhere, whether within or outside the premises of his wor) place. ,c1 !f the wor) performed was necessary, or it benefited the employer, or the employee could not abandon his wor) at the end of his normal wor)ing hours because he had no replacement, all time spent for such wor) shall be considered as hours wor)ed, if the wor) was with the )nowledge of his employer or immediate supervisor. ,d1 The time during which an employee is inactive by reason of interruptions in his wor) beyond his control shall be considered wor)ing time either if the imminence of the resumption of wor) requires the employeeJs presence at the place of wor) or if the interval is too brief to be utili(ed effectively and gainfully in the employeeJs own interest. S#CT!'+ /. Aaiting time. E ,a1 Aaiting time spent by an employee shall be considered as wor)ing time if waiting is an integral part of his wor) or the employee is required or engaged by the employer to wait. ,b1 An employee who is required to remain on call in the employerJs premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as wor)ing while on call. An employee who is not required to leave word at
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his home or with company officials where he may be reached is not wor)ing while on call. S#CT!'+ 3. "ectures, meetings, training programs. E Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as wor)ing time if all of the following conditions are met; ,a1 Attendance is outside of the employeeJs regular wor)ing hours< ,b1 Attendance is in fact voluntary< and ,c1 The employee does not perform any productive wor) during such attendance. S#CT!'+ 6. =eal and est 5eriods. E #very employer shall give his employees, regardless of se*, not less than one ,-1 hour time-off for regular meals, e*cept in the following cases when a meal period of not less than twenty ,.71 minutes may be given by the employer provided that such shorter meal period is credited as compensable hours wor)ed of the employee; ,a1 Ahere the wor) is non-manual wor) in nature or does not involve strenuous physical e*ertion< ,b1 Ahere the establishment regularly operates not less than si*teen ,-31 hours a day< ,c1 !n case of actual or impending emergencies or there is urgent wor) to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer< and ,d1 Ahere the wor) is necessary to prevent serious loss of perishable goods. est periods or coffee brea)s running from five ,/1 to twenty ,.71 minutes shall be considered as compensable wor)ing time. S#CT!'+ >. 'vertime pay. E Any employee covered by this ule who is permitted or required to wor) beyond eight ,>1 hours on ordinary wor)ing days shall be paid an additional compensation for the overtime wor) in the amount equivalent to his regular wage plus at least twenty-five percent ,./K1 thereof. S#CT!'+ 8. 5remium and overtime pay for holiday and rest day wor). E ,a1 #*cept employees referred to under Section . of this ule, an employee who is permitted or suffered to wor) on special holidays or on his designated rest days not falling on regular holidays, shall be paid with an additional compensation as premium pay of not less than thirty percent ,47K1 of his regular wage. Cor wor) performed in e*cess of eight ,>1 hours on special holidays and rest days not falling on regular holidays, an employee shall be paid an additional compensation for the overtime wor) equivalent to his rate for the first eight hours on a special holiday or rest day plus at least thirty percent ,47K1 thereof. ,b1 #mployees of public utility enterprises as well as those employed in non-profit institutions and organi(ations shall be entitled to the premium and overtime pay provided herein, unless they are specifically e*cluded from the coverage of this ule as provided in Section . hereof. ,c1 The payment of additional compensation for wor) performed on regular holidays shall be governed by ule !D, &oo) Three, of these ules. S#CT!'+ -7. Compulsory overtime wor). E !n any of the following cases, an employer may require any of his employees to wor) beyond eight ,>1 hours a day, provided that the employee required to render overtime wor) is paid the additional compensation required by these regulations; ,a1 Ahen the country is at war or when any other national or local emergency has been declared by Congress or the Chief #*ecutive< ,b1 Ahen overtime wor) is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthqua)e, epidemic or other disaster or calamities< ,c1 Ahen there is urgent wor) to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature< ,d1 Ahen the wor) is necessary to prevent loss or damage to perishable goods< ,e1 Ahen the completion or continuation of wor) started before the >th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer< or ,f1 Ahen overtime wor) is necessary to avail of favorable weather or environmental conditions where performance or quality of wor) is dependent thereon. !n cases not falling within any of these enumerated in this Section, no employee may be made to wor) beyond eight hours a day against his will. B"# !-A 9ours of Aor) of 9ospital and Clinic 5ersonnel S#CT!'+ -. :eneral statement on coverage. E This ule shall apply to; ,a1 All hospitals and clinics, including those with a bed capacity of less than one hundred ,-771 which are situated in cities or municipalities with a population of one million or more< and ,b1 All hospitals and clinics with a bed capacity of at least one hundred ,-771, irrespective of the si(e of the population of the city or municipality where they may be situated.
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S#CT!'+ .. 9ospitals or clinics within the meaning of this ule. E The terms MhospitalsM and MclinicsM as used in this ule shall mean a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury, or deformity, or in need of obstetrical or other medical and nursing care. #ither term shall also be construed as any institution, building, or place where there are installed beds, or cribs, or bassinets for twenty-four ,.01 hours use or longer by patients in the treatment of disease, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitorial care< or infirmaries, nurseries, dispensaries, and such other similar names by which they may be designated. S#CT!'+ 4. 2etermination of bed capacity and population. E ,a1 Cor purposes of determining the applicability of this ule, the actual bed capacity of the hospital or clinic at the time of such determination shall be considered, regardless of the actual or bed occupancy. The bed capacity of hospital or clinic as determined by the &ureau of =edical Services pursuant to epublic Act +o. 0..3, otherwise )nown as the 9ospital "icensure Act, shall prima facie be considered as the actual bed capacity of such hospital or clinic. ,b1 The si(e of the population of the city or municipality shall be determined from the latest official census issued by the &ureau of the Census and Statistics. S#CT!'+ 0. 5ersonnel covered by this ule. E This ule applies to all persons employed by any private or public hospital or clinic mentioned in Section hereof, and shall include, but not limited to, resident physicians, nurses, nutritionists, dieticians, pharmacists, social wor)ers, laboratory technicians paramedical technicians, psychologists, midwives, and attendants. S#CT!'+ /. egular wor)ing hours. E The regular wor)ing hours of any person covered by this ule shall not be more than eight ,>1 hours in any one day nor more than forty ,071 hours in any one wee). Cor purposes of this ule a MdayM shall mean a wor) day of twenty-four ,.01 consecutive hours beginning at the same time each calendar year. A Mwee)M shall mean the wor) of -3> consecutive hours, or seven consecutive .0-hour wor) days, beginning at the same hour and on the same calendar day each calendar wee). S#CT!'+ 3. egular wor)ing days. E The regular wor)ing days of covered employees shall not be more than five days in a wor) wee). The wor) wee) may begin at any hour and on any day, including Saturday or Sunday, designated by the employer. #mployers are not precluded from changing the time at which the wor) day or wor) wee) begins, provided that the change is not intended to evade the requirements of this ule. S#CT!'+ 6. 'vertime wor). E Ahere the e*igencies of the service so require as determined by the employer, any employee covered by this ule may be scheduled to wor) for more than five ,/1 days or forty ,071 hours a wee), provided that the employee is paid for the overtime wor) an additional compensation equivalent to his regular wage plus at least thirty percent ,47K1 thereof, subject to the provisions of this &oo) on the payment of additional compensation for wor) performed on special and regular holidays and on rest days. S#CT!'+ >. 9ours wor)ed. E !n determining the compensable hours of wor) of hospital and clinic personnel covered by this ule, the pertinent provisions of ule - of this &oo) shall apply. S#CT!'+ 8. Additional compensation. E 9ospital and clinic personnel covered by this ule, with the e*ception of those employed by the :overnment, shall be entitled to an additional compensation for wor) performed on regular and special holidays and rest days as provided in this &oo). Such employees shall also be entitled to overtime pay for services rendered in e*cess of forty hours a wee), or in e*cess of eight hours a day, whichever will yield the higher additional compensation to the employee in the wor) wee). S#CT!'+ -7. elation to ule !. E All provisions of ule ! of this &oo) which are not inconsistent with this ule shall be deemed applicable to hospital and clinic personnel. B"# !! +ight Shift 2ifferential S#CT!'+ -. Coverage. E This employees e*cept; ule shall apply to all
,a1 Those of the government and any of its political subdivisions, including government-owned andHor controlled corporations< ,b1 Those of retail and service establishments regularly employing not more than five ,/1 wor)ers< ,c1 2omestic helpers and persons in the personal service of another< ,d1 =anagerial employees as defined in &oo) Three of this Code< ,e1 Cield personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on tas) or contract basis, purely commission basis, or those who are paid a fi*ed amount for performing wor) irrespective of the time consumed in the performance thereof. S#CT!'+ .. +ight shift differential. E An employee shall be paid night shift differential of no less than ten per cent ,-7K1 of his regular wage for each hour of wor) performed between ten oJcloc) in the evening and si* oJcloc) in the morning.
5uman B Labor ' B Pro&. Battad B Pa!e A#

S#CT!'+ 4. Additional compensation. E Ahere an employee is permitted or suffered to wor) on the period covered after his wor) schedule, he shall be entitled to his regular wage plus at least twenty-five per cent ,./K1 and an additional amount of no less than ten per cent ,-7K1 of such overtime rate for each hour or wor) performed between -7 p.m. to 3 a.m. S#CT!'+ 0. Additional compensation on scheduled rest dayHspecial holiday. E An employee who is required or permitted to wor) on the period covered during rest days andHor special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty ,47K1 per cent and an additional amount of not less than ten ,-7K1 per cent of such premium pay rate for each hour of wor) performed. S#CT!'+ /. Additional compensation on regular holidays. E Cor wor) on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten ,-7K1 per cent of such premium rate for each hour of wor) performed. S#CT!'+ 3. elation to agreements. E +othing in this ule shall justify an employer in withdrawing or reducing any benefits, supplements or payments as provided in e*isting individual or collective agreements or employer practice or policy.
". *ours o& 2or1 a. #" Phil. A4? ("#?4) (e!ulation; (ationale Canila Terminal Co. 'nc. ,. C'(, (See Abo,e) ") .o,ernment Em lo/ees, Const., Art. '<-B, Sec. 4(")
A T!C"# !$ % &. T9# C!D!" S# D!C# C'==!SS!'+ Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the :overnment, including governmentowned or controlled corporations with original charters.
4) Cana!erial Em lo/ees, Art. $4; (ule ', Sec. 4 (b) (c)
,b1 =anagerial employees, if they meet all of the following conditions; ,-1 Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. ,.1 They customarily and regularly direct the wor) of two or more employees therein. ,41 They have the authority to hire or fire employees of lower ran)< or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. ,c1 'fficers or members of a managerial staff if they perform the following duties and responsibilities; ,-1 The primary duty consists of the performance of wor) directly related to management policies of their employer< ,.1 Customarily and regularly e*ercise discretion and independent judgment< and ,41 ,i1 egularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof< or ,ii1 e*ecute under general supervision wor) along speciali(ed or technical lines requiring special training, e*perience, or )nowledge< or ,iii1 e*ecute, under general supervision, special assignments and tas)s< and ,01 Aho do not devote more than .7 percent of their hours wor)ed in a wor) wee) to activities which are not directly and closely related to the performance of the wor) described in paragraphs ,-1, ,.1 and ,41 above.
b.
Co,era!eBE0em tions, (ule l, Sec.s "-@
Art.
$4,
4%A;
5uman B Labor ' B Pro&. Battad B Pa!e %:

Asia Paci&ic Christenin!, 'nc. ,. Jarolan, =#= SC(A @?@ (4::@) =) 4#% SC(A @@: ("##$) Jield Personnel, Art. $4; (ule ', Sec. 4 (&) Cerdicar Jishin! Cor ,. 8L(C,
Charlito PeSranda ,. Ba!an!a Pl/wood Cor ., et al., ..(. "?#?%%, Ca/ =, 4::A
Auto Bus Trans ort S/stems, 'nc. ,. Bautista, @?$ SC(A ?%$ (4::?)
5uman B Labor ' B Pro&. Battad B Pa!e %"

@) ?) 5e endent Jamil/ Cembers
5omestic *el ers, Art. "@", "@?; (ule ', Sec. 4 (d) Cha ter ''' ECPL+TCE8T +J *+KSE*ELPE(S A(T. "@". Co#erage. - This Cha ter shall a l/ to all ersons renderin! ser,ices in households &or com ensation. $%omestic or household ser#ice$ shall mean ser,ice in the em lo/erFs home which is usuall/ necessar/ or desirable &or the maintenance and en3o/ment thereo& and includes ministerin! to the ersonal com&ort and con,enience o& the members o& the em lo/erFs household, includin! ser,ices o& &amil/ dri,ers. A(T. "@?. Assignment to non!household &or'. - 8o househel er shall be assi!ned to wor1 in a commercial, industrial or a!ricultural enter rise at a wa!e or salar/ rate lower than that ro,ided &or a!ricultural or non-a!ricultural wor1ers as rescribed herein. c. 8ormal *ours o& 2or1, Art. $=
A(T. $=. (ormal hours of &or'. - The normal hours o& wor1 o& an/ em lo/ee shall not e0ceed ei!ht ($) hours a da/. *ealth ersonnel in cities and munici alities with a o ulation o& at least one million (",:::,:::) or in hos itals and clinics with a bed ca acit/ o& at least one hundred ("::) shall hold re!ular o&&ice hours &or ei!ht ($) hours a da/, &or &i,e (?) da/s a wee1, e0clusi,e o& time &or meals, e0ce t where the e0i!encies o& the ser,ice re>uire that such ersonnel wor1 &or si0 (A) da/s or &ort/-ei!ht (@$) hours, in which case, the/ shall be entitled to an additional com ensation o& at least thirt/ ercent (=:P) o& their re!ular wa!e &or wor1 on the si0th da/. Jor ur oses o& this Article, $health personnel$ shall include resident h/sicians, nurses, nutritionists, dietitians, harmacists, social wor1ers, laborator/ technicians, aramedical technicians, s/cholo!ists, midwi,es, attendants and all other hos ital or clinic ersonnel.
,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household.
A) Persons in the Personal Ser,ice o& Another, (ule ', Sec. 4 (d)
d.
!eneral ") (a)
Com ensable
*ours
o&
2or1
'n
+n 5ut/, Art. $@ (a); (ule ', Sec. = (a), Sec. @
,d1 2omestic servants and persons in the personal service of another if they perform such services in the employerJs home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employerJs household.
%) Piece 2or1ers, (ule ', Sec. 4 (e)
A(T. $@. )ours &or'ed. - *ours wor1ed shall include (a) all time durin! which an em lo/ee is re>uired to be on dut/ or to be at a rescribed wor1 lace; and (b) all time durin! which an em lo/ee is su&&ered or ermitted to wor1. (est eriods o& short duration durin! wor1in! hours shall be counted as hours wor1ed.
S#CT!'+ 4. 9ours wor)ed. E The following shall be considered as compensable hours wor)ed; ,a1 All time during which an employee is required to be on duty or to be at the employerJs premises or to be at a prescribed wor) place< and S#CT!'+ 0. 5rinciples in determining hours wor)ed. E The following general principles shall govern in determining whether the time spent by an employee is considered hours wor)ed for purposes of this ule; ,a1 All hours are hours wor)ed which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental e*ertion.
,e1 Aor)ers who are paid by results, including those who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas) basis, and other non-time wor) if their output rates are in accordance with the standards prescribed under Section >, ule D!!, &oo) Three of these regulations, or where such rates have been fi*ed by the Secretary of "abor and #mployment in accordance with the aforesaid Section.
4#: SC(A ?:# ("##$)
Labor Con!ress ,. 8L(C,
=)
At 2or1, Art. $@ (b); (ule ', Sec. = (b)
A(T. $@. )ours &or'ed. - *ours wor1ed shall include (a) all time durin! which an em lo/ee is re>uired to be on dut/ or to be at a rescribed wor1 lace; and 5uman B Labor ' B Pro&. Battad B Pa!e %4

(b) all time durin! which an em lo/ee is su&&ered or ermitted to wor1.
Sec. 4,b1 All time during which an employee is suffered or permitted to wor).
e. ") a)
S eci&ic (ules (est Period ar.; b) Shorter Ceal Period (Less than +ne *our, but 8ot Less than 4: min.), (ule ', Sec. %, "st ar. (See Abo,e) @) 2aitin! Time, (ule ', Sec. ? (a)
Short 5uration or GCo&&ee Brea1N, Art. $@, 4nd Boo1 ''', (ule ', Sec. %, 4nd ar.
(est eriods o& short duration durin! wor1in! hours shall be counted as hours wor1ed. SECT'+8 %. Ceal and (est Periods. O E,er/ em lo/er shall !i,e his em lo/ees, re!ardless o& se0, not less than one (") hour time-o&& &or re!ular meals, e0ce t in the &ollowin! cases when a meal eriod o& not less than twent/ (4:) minutes ma/ be !i,en b/ the em lo/er ro,ided that such shorter meal eriod is credited as com ensable hours wor1ed o& the em lo/ee7 (est eriods or co&&ee brea1s runnin! &rom &i,e (?) to twent/ (4:) minutes shall be considered as com ensable wor1in! time. b) Core than 4: min., (ules ', Sec. @ (b) SECT'+8 @. Princi les in determinin! hours wor1ed. O The &ollowin! !eneral rinci les shall !o,ern in determinin! whether the time s ent b/ an em lo/ee is considered hours wor1ed &or ur oses o& this (ule7 (b) An em lo/ee need not lea,e the remises o& the wor1 lace in order that his rest eriod shall not be counted, it bein! enou!h that he sto s wor1in!, ma/ rest com letel/ and ma/ lea,e his wor1 lace, to !o elsewhere, whether within or outside the remises o& his wor1 lace. 4) Ceal Period
SECT'+8 ?. 2aitin! time. O (a) 2aitin! time s ent b/ an em lo/ee shall be considered as wor1in! time i& waitin! is an inte!ral art o& his wor1 or the em lo/ee is re>uired or en!a!ed b/ the em lo/er to wait. %%A ("#$#) Arica ,. 8L(C, "%: SC(A
a) (e!ular Ceal Period (+ne *our), Art. $?; (ule ', Sec. %, "st ar. A(T. $?. Meal periods. - Sub3ect to such re!ulations as the Secretar/ o& Labor ma/ rescribe, it shall be the dut/ o& e,er/ em lo/er to !i,e his em lo/ees not less than si0t/ (A:) minutes time-o&& &or their re!ular meals. SECT'+8 %. Ceal and (est Periods. O E,er/ em lo/er shall !i,e his em lo/ees, re!ardless o& se0, not less than one (") hour time-o&& &or re!ular meals, e0ce t in the &ollowin! cases when a meal eriod o& not less than twent/ (4:) minutes ma/ be !i,en b/ the em lo/er ro,ided that such shorter meal eriod is credited as com ensable hours wor1ed o& the em lo/ee7 Phili ine Airlines, 'nc. ,. 8L(C, =:4 SC(A ?$4 ("###) @) +n Call, (ule ', Sec. ? (b)
b) An em lo/ee who is re>uired to remain on call in the em lo/erUs remises or so close thereto that he cannot use the time e&&ecti,el/ and !ain&ull/ &or his own ur ose shall be considered as wor1in! while on call. An em lo/ee who is not re>uired to lea,e word at his home or with com an/ o&&icials where he ma/ be reached is not wor1in! while on call. ?) 'nacti,e due to 2or1 'nterru tions, Boo1 ''', (ule ', Sec. @ (d)
SECT'+8 @. Princi les in determinin! hours wor1ed. O The &ollowin! !eneral rinci les shall !o,ern in determinin! whether the time s ent b/ an em lo/ee is considered hours wor1ed &or ur oses o& this (ule7 (d) The time durin! which an em lo/ee is inacti,e b/ reason o& interru tions in his wor1 be/ond his control 5uman B Labor ' B Pro&. Battad B Pa!e %=

shall be considered wor1in! time either i& the imminence o& the resum tion o& wor1 re>uires the em lo/eeUs resence at the lace o& wor1 or i& the inter,al is too brie& to be utilized e&&ecti,el/ and !ain&ull/ in the em lo/eeUs own interest. Kni,ersit/ o& Pan!asinan Jacult/ Knion ,. Kni,ersit/ o& Pan!asinan, "4% SC(A A#" ("#$@)
&. +,ertime 2or1 Pa/, Arts. $%-#:; (ule ', Secs. $-""
A(T. $%. *#ertime &or'. - 2or1 ma/ be er&ormed be/ond ei!ht ($) hours a da/ ro,ided that the em lo/ee is aid &or the o,ertime wor1, an additional com ensation e>ui,alent to his re!ular wa!e lus at least twent/-&i,e ercent (4?P) thereo&. 2or1 er&ormed be/ond ei!ht hours on a holida/ or rest da/ shall be aid an additional com ensation e>ui,alent to the rate o& the &irst ei!ht hours on a holida/ or rest da/ lus at least thirt/ ercent (=:P) thereo&. A(T. $$. +ndertime not offset " o#ertime. Kndertime wor1 on an/ articular da/ shall not be o&&set b/ o,ertime wor1 on an/ other da/. Permission !i,en to the em lo/ee to !o on lea,e on some other da/ o& the wee1 shall not e0em t the em lo/er &rom a/in! the additional com ensation re>uired in this Cha ter. A(T. $#. Emergenc o#ertime &or'. - An/ em lo/ee ma/ be re>uired b/ the em lo/er to er&orm o,ertime wor1 in an/ o& the &ollowin! cases7chan robles ,irtual law librar/ (a) 2hen the countr/ is at war or when an/ other national or local emer!enc/ has been declared b/ the 8ational Assembl/ or the Chie& E0ecuti,e; (b) 2hen it is necessar/ to re,ent loss o& li&e or ro ert/ or in case o& imminent dan!er to ublic sa&et/ due to an actual or im endin! emer!enc/ in the localit/ caused b/ serious accidents, &ire, &lood, t/ hoon, earth>ua1e, e idemic, or other disaster or calamit/; (c) 2hen there is ur!ent wor1 to be er&ormed on machines, installations, or e>ui ment, in order to a,oid serious loss or dama!e to the em lo/er or some other cause o& similar nature; (d) 2hen the wor1 is necessar/ to re,ent loss or dama!e to erishable !oods; and
A) 2or1 a&ter 8ormal *ours, (ule ', Sec. @ (c) (c) '& the wor1 er&ormed was necessar/, or it bene&ited the em lo/er, or the em lo/ee could not abandon his wor1 at the end o& his normal wor1in! hours because he had no re lacement, all time s ent &or such wor1 shall be considered as hours wor1ed, i& the wor1 was with the 1nowled!e o& his em lo/er or immediate su er,isor. %) Lectures, Ceetin!s, Trainin! Pro!rams, (ule ', Sec. A
SECT'+8 A. Lectures, meetin!s, trainin! ro!rams. O Attendance at lectures, meetin!s, trainin! ro!rams, and other similar acti,ities shall not be counted as wor1in! time i& all o& the &ollowin! conditions are met7 (a) Attendance is outside o& the em lo/eeUs re!ular wor1in! hours; (b) Attendance is in &act ,oluntar/; and (c) The em lo/ee does not er&orm an/ wor1 durin! such attendance. $) Tra,el Time A# ("##4) (ada ,. 8L(C, 4:? SC(A roducti,e
(e) 2here the com letion or continuation o& the wor1 started be&ore the ei!hth hour is necessar/ to re,ent serious obstruction or re3udice to the business or o erations o& the em lo/er. An/ em lo/ee re>uired to render o,ertime wor1 under this Article shall be aid the additional com ensation re>uired in this Cha ter. A(T. #:. Computation of additional compensation. - Jor ur oses o& com utin! o,ertime and other additional remuneration as re>uired b/ this Cha ter, the $regular &age$ o& an em lo/ee shall include the cash wa!e onl/, without deduction on account o& &acilities ro,ided b/ the em lo/er. (KLE ' SECT'+8 $. +,ertime a/. O An/ em lo/ee co,ered b/ this (ule who is ermitted or re>uired to wor1 be/ond ei!ht ($) hours on ordinar/ wor1in! da/s shall be aid an additional com ensation &or the o,ertime wor1 in the amount e>ui,alent to his 5uman B Labor ' B Pro&. Battad B Pa!e %@

re!ular wa!e lus at least twent/-&i,e ercent (4?P) thereo&. SECT'+8 #. Premium and o,ertime a/ &or holida/ and rest da/ wor1. O (a) E0ce t em lo/ees re&erred to under Section 4 o& this (ule, an em lo/ee who is ermitted or su&&ered to wor1 on s ecial holida/s or on his desi!nated rest da/s not &allin! on re!ular holida/s, shall be aid with an additional com ensation as remium a/ o& not less than thirt/ ercent (=:P) o& his re!ular wa!e. Jor wor1 er&ormed in e0cess o& ei!ht ($) hours on s ecial holida/s and rest da/s not &allin! on re!ular holida/s, an em lo/ee shall be aid an additional com ensation &or the o,ertime wor1 e>ui,alent to his rate &or the &irst ei!ht hours on a s ecial holida/ or rest da/ lus at least thirt/ ercent (=:P) thereo&. (b) Em lo/ees o& ublic utilit/ enter rises as well as those em lo/ed in non- ro&it institutions and or!anizations shall be entitled to the remium and o,ertime a/ ro,ided herein, unless the/ are s eci&icall/ e0cluded &rom the co,era!e o& this (ule as ro,ided in Section 4 hereo&. (c) The a/ment o& additional com ensation &or wor1 er&ormed on re!ular holida/s shall be !o,erned b/ (ule '9, Boo1 Three, o& these (ules. SECT'+8 ":. Com ulsor/ o,ertime wor1. O 'n an/ o& the &ollowin! cases, an em lo/er ma/ re>uire an/ o& his em lo/ees to wor1 be/ond ei!ht ($) hours a da/, ro,ided that the em lo/ee re>uired to render o,ertime wor1 is aid the additional com ensation re>uired b/ these re!ulations7 (a) 2hen the countr/ is at war or when an/ other national or local emer!enc/ has been declared b/ Con!ress or the Chie& E0ecuti,e; (b) 2hen o,ertime wor1 is necessar/ to re,ent loss o& li&e or ro ert/, or in case o& imminent dan!er to ublic sa&et/ due to actual or im endin! emer!enc/ in the localit/ caused b/ serious accident, &ire, &loods, t/ hoons, earth>ua1e, e idemic or other disaster or calamities; (c) 2hen there is ur!ent wor1 to be er&ormed on machines, installations, or e>ui ment, in order to a,oid serious loss or dama!e to the em lo/er or some other causes o& similar nature; (d) 2hen the wor1 is necessar/ to dama!e to erishable !oods; re,ent loss or Court o& A 4) Art. $# =) @) ?) ,. C'(, supra Emer!enc/ or Com ulsor/ +,ertime 2or1, Kndertime 2or1BLea,e, Art. $$ Additional Com ensation, Art. $% 8o Com utation Jormula Basic Contract Canila Terminal Co., 'nc.
A) Proo& o& 2or1BEm lo/er +bli!ation Social Securit/ S/stem ,. eals, =@$ SC(A " (4:::)
(e) 2hen the com letion or continuation o& wor1 started be&ore the $th hour is necessar/ to re,ent serious obstruction or re3udice to the business or o erations o& the em lo/er; or (&) 2hen o,ertime wor1 is necessar/ to a,ail o& &a,orable weather or en,ironmental conditions where er&ormance or >ualit/ o& wor1 is de endent thereon. 'n cases not &allin! within an/ o& these enumerated in this Section, no em lo/ee ma/ be made to wor1 be/ond ei!ht hours a da/ a!ainst his will. ") +,ertime in +rdinar/ 2or1in! 5a/, Art. $%; (ule ', Sec. $ !. 8i!htwor1, Art. $A; (ule '', Secs. "-A A(T. $A. (ight shift differential. - E,er/ em lo/ee shall be aid a ni!ht shi&t di&&erential o& not less than ten ercent (":P) o& his re!ular wa!e &or each hour o& wor1 er&ormed between ten oFcloc1 in the e,enin! and si0 oFcloc1 in the mornin!. 5uman B Labor ' B Pro&. Battad B Pa!e %?

SECT'+8 ". .eneral statement on co,era!e. O This (ule shall a l/ to all em lo/ers whether o eratin! &or ro&it or not, includin! ublic utilities o erated b/ ri,ate ersons. SECT'+8 4. Business on Sunda/sB*olida/s. O All establishments and enter rises ma/ o erate or o en &or business on Sunda/s and holida/s ro,ided that the em lo/ees are !i,en the wee1l/ rest da/ and the bene&its as ro,ided in this (ule. SECT'+8 =. 2ee1l/ rest da/. O E,er/ em lo/er shall !i,e his em lo/ees a rest eriod o& not less than twent/-&our (4@) consecuti,e hours a&ter e,er/ si0 consecuti,e normal wor1 da/s. SECT'+8 @. Pre&erence o& em lo/ee. O The re&erence o& the em lo/ee as to his wee1l/ da/ o& rest shall be res ected b/ the em lo/er i& the same is based on reli!ious !rounds. The em lo/ee shall ma1e 1nown his re&erence to the em lo/er in writin! at least se,en (%) da/s be&ore the desired e&&ecti,it/ o& the initial rest da/ so re&erred. 2here, howe,er, the choice o& the em lo/ee as to his rest da/ based on reli!ious !rounds will ine,itabl/ result in serious re3udice or obstruction to the o erations o& the underta1in! and the em lo/er cannot normall/ be e0 ected to resort to other remedial measures, the em lo/er ma/ so schedule the wee1l/ rest da/ o& his choice &or at least two (4) da/s in a month. SECT'+8 ?. Schedule o& rest da/. O (a) 2here the wee1l/ rest is !i,en to all em lo/ees simultaneousl/, the em lo/er shall ma1e 1nown such rest eriod b/ means o& a written notice osted cons icuousl/ in the wor1 lace at least one wee1 be&ore it becomes e&&ecti,e. 4. (b) 2here the rest eriod is not !ranted to all em lo/ees simultaneousl/ and collecti,el/, the em lo/er shall ma1e 1nown to the em lo/ees their res ecti,e schedules o& wee1l/ rest throu!h written notices osted cons icuousl/ in the wor1 lace at least one wee1 be&ore the/ become e&&ecti,e. SECT'+8 A. 2hen wor1 on rest da/ authorized. O An em lo/er ma/ re>uire an/ o& his em lo/ees to wor1 on his scheduled rest da/ &or the duration o& the &ollowin! emer!encies and e0ce tional conditions7 (a) 'n case o& actual or im endin! emer!encies caused b/ serious accident, &ire, &lood, t/ hoon, earth>ua1e, e idemic or other disaster or calamit/, to re,ent loss o& li&e or ro ert/, or in cases o& &orce ma3eure or imminent dan!er to ublic sa&et/; (b) 'n case o& ur!ent wor1 to be er&ormed on machineries, e>ui ment or installations to a,oid serious loss which the em lo/er would otherwise su&&er; (c) 'n the e,ent o& abnormal ressure o& wor1 due to s ecial circumstances, where the em lo/er cannot ordinaril/ be e0 ected to resort to other measures; (d) To re,ent serious loss o& erishable !oods; (e) 2here the nature o& the wor1 is such that the em lo/ees ha,e to wor1 continuousl/ &or se,en (%) da/s in a wee1 or more, as in the case o& the crew 2ee1l/ rest Periods (e&erence7 Arts. #"-#=; +mnibus (ules, Boo1 ''', (ule ''', Secs. "-# Cha ter '' 2EEQLT (EST PE('+5S A(T. #". ,ight to &ee'l rest da . - (a) 't shall be the dut/ o& e,er/ em lo/er, whether o eratin! &or ro&it or not, to ro,ide each o& his em lo/ees a rest eriod o& not less than twent/-&our (4@) consecuti,e hours a&ter e,er/ si0 (A) consecuti,e normal wor1 da/s. (b) The em lo/er shall determine and schedule the wee1l/ rest da/ o& his em lo/ees sub3ect to collecti,e bar!ainin! a!reement and to such rules and re!ulations as the Secretar/ o& Labor and Em lo/ment ma/ ro,ide. *owe,er, the em lo/er shall res ect the re&erence o& em lo/ees as to their wee1l/ rest da/ when such re&erence is based on reli!ious !rounds. A(T. #4. -hen emplo er ma re.uire &or' on a rest da . - The em lo/er ma/ re>uire his em lo/ees to wor1 on an/ da/7 (a) 'n case o& actual or im endin! emer!encies caused b/ serious accident, &ire, &lood, t/ hoon, earth>ua1e, e idemic or other disaster or calamit/ to re,ent loss o& li&e and ro ert/, or imminent dan!er to ublic sa&et/; members o& a ,essel to com lete a ,o/a!e and in other similar cases; and (&) 2hen the wor1 is necessar/ to a,ail o& &a,orable weather or en,ironmental conditions where er&ormance or >ualit/ o& wor1 is de endent thereon. 8o em lo/ee shall be re>uired a!ainst his will to wor1 on his scheduled rest da/ e0ce t under circumstances ro,ided in this Section7 Pro,ided, *owe,er, that where an em lo/ee ,olunteers to wor1 on his rest da/ under other circumstances, he shall e0 ress such desire in writin!, sub3ect to the ro,isions o& Section % hereo& re!ardin! additional com ensation. ") , (ule '', Sec. " 4) Com ensation, Art. $A Co,era!eBE0clusion Additional
Shell +il Co. o& the Phili ines, Ltd. ,. 8ational Labor Knion, $" Phil. ="? ("#@$)
5uman B Labor ' B Pro&. Battad B Pa!e %A

(b) 'n cases o& ur!ent wor1 to be er&ormed on the machiner/, e>ui ment, or installation, to a,oid serious loss which the em lo/er would otherwise su&&er; (c) 'n the e,ent o& abnormal ressure o& wor1 due to s ecial circumstances, where the em lo/er cannot ordinaril/ be e0 ected to resort to other measures; (d) To re,ent loss or dama!e to erishable !oods; (e) 2here the nature o& the wor1 re>uires continuous o erations and the sto a!e o& wor1 ma/ result in irre arable in3ur/ or loss to the em lo/er; and (&) Knder other circumstances analo!ous or similar to the &ore!oin! as determined b/ the Secretar/ o& Labor and Em lo/ment. A(T. #=. Compensation for rest da , Sunda or holida &or'. - (a) 2here an em lo/ee is made or ermitted to wor1 on his scheduled rest da/, he shall be aid an additional com ensation o& at least thirt/ ercent (=:P) o& his re!ular wa!e. An em lo/ee shall be entitled to such additional com ensation &or wor1 er&ormed on Sunda/ onl/ when it is his established rest da/.chan robles ,irtual law librar/ (b) 2hen the nature o& the wor1 o& the em lo/ee is such that he has no re!ular wor1da/s and no re!ular rest da/s can be scheduled, he shall be aid an additional com ensation o& at least thirt/ ercent (=:P) o& his re!ular wa!e &or wor1 er&ormed on Sunda/s and holida/s. (c) 2or1 er&ormed on an/ s ecial holida/ shall be aid an additional com ensation o& at least thirt/ ercent (=:P) o& the re!ular wa!e o& the em lo/ee. 2here such holida/ wor1 &alls on the em lo/eeFs scheduled rest da/, he shall be entitled to an additional com ensation o& at least &i&t/ er cent (?:P) o& his re!ular wa!e. (d) 2here the collecti,e bar!ainin! a!reement or other a licable em lo/ment contract sti ulates the a/ment o& a hi!her remium a/ than that rescribed under this Article, the em lo/er shall a/ such hi!her rate. is based on reli!ious !rounds. The em lo/ee shall ma1e 1nown his re&erence to the em lo/er in writin! at least se,en (%) da/s be&ore the desired e&&ecti,it/ o& the initial rest da/ so re&erred. 2here, howe,er, the choice o& the em lo/ee as to his rest da/ based on reli!ious !rounds will ine,itabl/ result in serious re3udice or obstruction to the o erations o& the underta1in! and the em lo/er cannot normall/ be e0 ected to resort to other remedial measures, the em lo/er ma/ so schedule the wee1l/ rest da/ o& his choice &or at least two (4) da/s in a month. SECT'+8 ?. Schedule o& rest da/. O (a) 2here the wee1l/ rest is !i,en to all em lo/ees simultaneousl/, the em lo/er shall ma1e 1nown such rest eriod b/ means o& a written notice osted cons icuousl/ in the wor1 lace at least one wee1 be&ore it becomes e&&ecti,e. (b) 2here the rest eriod is not !ranted to all em lo/ees simultaneousl/ and collecti,el/, the em lo/er shall ma1e 1nown to the em lo/ees their res ecti,e schedules o& wee1l/ rest throu!h written notices osted cons icuousl/ in the wor1 lace at least one wee1 be&ore the/ become e&&ecti,e. SECT'+8 A. 2hen wor1 on rest da/ authorized. O An em lo/er ma/ re>uire an/ o& his em lo/ees to wor1 on his scheduled rest da/ &or the duration o& the &ollowin! emer!encies and e0ce tional conditions7 (a) 'n case o& actual or im endin! emer!encies caused b/ serious accident, &ire, &lood, t/ hoon, earth>ua1e, e idemic or other disaster or calamit/, to re,ent loss o& li&e or ro ert/, or in cases o& &orce ma3eure or imminent dan!er to ublic sa&et/; (b) 'n case o& ur!ent wor1 to be er&ormed on machineries, e>ui ment or installations to a,oid serious loss which the em lo/er would otherwise su&&er; (c) 'n the e,ent o& abnormal ressure o& wor1 due to s ecial circumstances, where the em lo/er cannot ordinaril/ be e0 ected to resort to other measures; (d) To re,ent serious loss o& erishable !oods; (e) 2here the nature o& the wor1 is such that the em lo/ees ha,e to wor1 continuousl/ &or se,en (%) da/s in a wee1 or more, as in the case o& the crew members o& a ,essel to com lete a ,o/a!e and in other similar cases; and (&) 2hen the wor1 is necessar/ to a,ail o& &a,orable weather or en,ironmental conditions where er&ormance or >ualit/ o& wor1 is de endent thereon. 8o em lo/ee shall be re>uired a!ainst his will to wor1 on his scheduled rest da/ e0ce t under circumstances ro,ided in this Section7 Pro,ided, *owe,er, that where an em lo/ee ,olunteers to wor1 on his rest da/ under other circumstances, he shall e0 ress such desire in writin!, sub3ect to the ro,isions o& Section % hereo& re!ardin! additional com ensation. SECT'+8 %. Com ensation on rest da/BSunda/Bholida/. O (a) E0ce t those em lo/ees re&erred to under Section 4, (ule ', Boo1 Three, an 5uman B Labor ' B Pro&. Battad B Pa!e %%
2ee1l/ (est Periods SECT'+8 ". .eneral statement on co,era!e. O This (ule shall a l/ to all em lo/ers whether o eratin! &or ro&it or not, includin! ublic utilities o erated b/ ri,ate ersons. SECT'+8 4. Business on Sunda/sB*olida/s. O All establishments and enter rises ma/ o erate or o en &or business on Sunda/s and holida/s ro,ided that the em lo/ees are !i,en the wee1l/ rest da/ and the bene&its as ro,ided in this (ule. SECT'+8 =. 2ee1l/ rest da/. O E,er/ em lo/er shall !i,e his em lo/ees a rest eriod o& not less than twent/-&our (4@) consecuti,e hours a&ter e,er/ si0 consecuti,e normal wor1 da/s. SECT'+8 @. Pre&erence o& em lo/ee. O The re&erence o& the em lo/ee as to his wee1l/ da/ o& rest shall be res ected b/ the em lo/er i& the same

em lo/ee who is made or ermitted to wor1 on his scheduled rest da/ shall be aid with an additional com ensation o& at least =:P o& his re!ular wa!e. An em lo/ee shall be entitled to such additional com ensation &or wor1 er&ormed on a Sunda/ onl/ when it is his established rest da/. (b) 2here the nature o& the wor1 o& the em lo/ee is such that he has no re!ular wor1 da/s and no re!ular rest da/s can be scheduled, he shall be aid an additional com ensation o& at least =:P o& his re!ular wa!e &or wor1 er&ormed on Sunda/s and holida/s. (c) 2or1 er&ormed on an/ s ecial holida/ shall be aid with an additional com ensation o& at least =:P o& the re!ular wa!e o& the em lo/ees. 2here such holida/ wor1 &alls on the em lo/eeUs scheduled rest da/, he shall be entitled to additional com ensation o& at least ?:P o& his re!ular wa!e. (d) The a/ment o& additional com ensation &or wor1 er&ormed on re!ular holida/ shall be !o,erned b/ (ule '9, Boo1 Three, o& these re!ulations. (e) 2here the collecti,e bar!ainin! a!reement or other a licable em lo/ment contract sti ulates the a/ment o& a hi!her remium a/ than that rescribed under this Section, the em lo/er shall a/ such hi!her rate. SECT'+8 $. Paid-o&& da/s. O 8othin! in this (ule shall 3usti&/ an em lo/er in reducin! the com ensation o& his em lo/ees &or the unwor1ed Sunda/s, holida/s, or other rest da/s which are considered aid-o&& da/s or holida/s b/ a!reement or ractice subsistin! u on the e&&ecti,it/ o& the Code. SECT'+8 #. (elation to a!reements. O 8othin! herein shall re,ent the em lo/er and his em lo/ees or their re resentati,es in enterin! into an/ a!reement with terms more &a,orable to the em lo/ees than those ro,ided herein, or be used to diminish an/ bene&it !ranted to the em lo/ees under e0istin! laws, a!reements, and ,oluntar/ em lo/er ractices. and to other o&&icers or members o& the mana!erial sta&&. $Field personnel$ shall re&er to non-a!ricultural em lo/ees who re!ularl/ er&orm their duties awa/ &rom the rinci al lace o& business or branch o&&ice o& the em lo/er and whose actual hours o& wor1 in the &ield cannot be determined with reasonable certaint/. b. 5etermination; com ulsor/ 2or1; Com ensation, Arts. #", #4 Canila Electric Public Ktilities Em lo/ees Assn, %# Phil. @:# Co. ,.
c. d. #= (d) =. *olida/s
Premium Pa/, Art. #= #a) (b) (c) CBA on *i!her Premium Pa/, Art.
(e&erence7 art. #@; E0ecuti,e +rder 4:= ("#$%); +mnibus (ules, Boo1 ''', (ule '9 Cha ter ''' *+L'5ATS, SE(9'CE '8CE8T'9E LEA9ES A85 SE(9'CE C*A(.ES A(T. #@. ,ight to holida pa . - (a) E,er/ wor1er shall be aid his re!ular dail/ wa!e durin! re!ular holida/s, e0ce t in retail and ser,ice establishments re!ularl/ em lo/in! less than ten (":) wor1ers; (b) The em lo/er ma/ re>uire an em lo/ee to wor1 on an/ holida/ but such em lo/ee shall be aid a com ensation e>ui,alent to twice his re!ular rate; and (c) As used in this Article, $holida $ includes7 8ew TearFs 5a/, Caund/ Thursda/, .ood Jrida/, the ninth o& A ril, the &irst o& Ca/, the twel&th o& June, the &ourth o& Jul/, the thirtieth o& 8o,ember, the twent/&i&th and thirtieth o& 5ecember and the da/ desi!nated b/ law &or holdin! a !eneral election. 5uman B Labor ' B Pro&. Battad B Pa!e %$
a.
"
Co,era!e, Art. $4, #"; (ule ''', Sec.
A(T. $4. Co#erage. - The ro,isions o& this Title shall a l/ to em lo/ees in all establishments and underta1in!s whether &or ro&it or not, but not to !o,ernment em lo/ees, mana!erial em lo/ees, &ield ersonnel, members o& the &amil/ o& the em lo/er who are de endent on him &or su ort, domestic hel ers, ersons in the ersonal ser,ice o& another, and wor1ers who are aid b/ results as determined b/ the Secretar/ o& Labor in a ro riate re!ulations. As used herein, $managerial emplo ees$ re&er to those whose rimar/ dut/ consists o& the mana!ement o& the establishment in which the/ are em lo/ed or o& a de artment or subdi,ision thereo&,

EXEC"TI@E !R ER N!. 203 C/ne 30, 1987 #R!@I IN) A (IST !* RE)"(AR +!(I ADS AN S#ECIA( ADS T! ,E !,SER@E T+R!")+!"T T+E #+I(I##INES AN *!R !T+ER #"R#!SES A9# #AS, a Cabinet Assistance Secretariat Committee was constituted to review all e*isting public holidays< A9# #AS, there are too many holidays being observed which has caused confusion among the public. +'A, T9# #C' #, !, C' AP'+ C. ALB!+', 5resident of the 5hilippines, do hereby order; Sec. -. Bnless otherwise modified by law, order or proclamation, the following regular holidays and special days shall be observed in this country; A. egular 9olidays +ew IearJs 2ay =aundy Thursday :ood Criday Araw ng Oagitingan ,&ataan and Corregidor 2ay1 "abor 2ay !ndependence 2ay +ational 9eroes 2ay @anuary =ovable date =ovable date April 8 Sec. 4. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this #*ecutive 'rder are hereby repealed or modified accordingly. Sec. 0. This #*ecutive 'rder shall ta)e effect immediately. 2one in the City of =anila, this 47th day of @une, in the year of 'ur "ord, nineteen hundred and eightyseven.
(KLE '9 *olida/s with Pa/ SECT'+8 ". Co,era!e. O This rule shall a em lo/ees e0ce t7 l/ to all
(a) Those o& the !o,ernment and an/ o& the olitical subdi,ision, includin! !o,ernment-owned and controlled cor oration; (b) Those o& retail and ser,ice establishments re!ularl/ em lo/in! less than ten (":) wor1ers; (c) 5omestic hel ers and ser,ice o& another; ersons in the ersonal
(d) Cana!erial em lo/ees as de&ined in Boo1 Three o& the Code; (e) Jield ersonnel and other em lo/ees whose time and er&ormance is unsu er,ised b/ the em lo/er includin! those who are en!a!ed on tas1 or contract basis, urel/ commission basis, or those who are aid a &i0ed amount &or er&ormin! wor1 irres ecti,e o& the time consumed in the er&ormance thereo&. SECT'+8 4. Status o& em lo/ees aid b/ the month. O Em lo/ees who are uni&orml/ aid b/ the month, irres ecti,e o& the number o& wor1in! da/s therein, with a salar/ o& not less than the statutor/ or established minimum wa!e shall be aid &or all da/s in the month whether wor1ed or not. Jor this ur ose, the monthl/ minimum wa!e shall not be less than the statutor/ minimum wa!e multi lied b/ =A? da/s di,ided b/ twel,e. SECT'+8 =. *olida/ Pa/. O E,er/ em lo/er shall a/ his em lo/ees their re!ular dail/ wa!e &or an/ wor1ed re!ular holida/s. As used in the rule, the term Ure!ular holida/U shall e0clusi,el/ re&er to7 8ew TearUs 5a/, Caund/ Thursda/, .ood Jrida/, the ninth o& A ril, the &irst o& Ca/, the twel&th o& June, the last Sunda/ o& Au!ust, the thirtieth o& 8o,ember, the twent/-&i&th and thirtieth o& 5ecember. 8ationwide s ecial da/s shall include the &irst o& 8o,ember and the last da/ o& 5ecember. As used in this (ule le!al or re!ular holida/ and s ecial holida/ shall now be re&erred to as Ure!ular holida/U and Us ecial da/U, res ecti,el/. SECT'+8 @. Com ensation &or holida/ wor1. O An/ em lo/ee who is ermitted or su&&ered to wor1 on an/ re!ular holida/, not e0ceedin! ei!ht ($) hours, 5uman B Labor ' B Pro&. Battad B Pa!e %#
=ay @une -. "ast Sunday of August +ovember 47 2ecember ./ 2ecember 47
&onifacio 2ay Christmas 2ay i(al 2ay &. +ationwide Special 2ays All Saints 2ay "ast 2ay of the Iear
+ovember 2ecember 4-
Sec. .. 9enceforth, the terms Mlegal or regular holidayM and Mspecial holidayM, as used in laws, orders, rules and regulations or other issuances shall now be referred to as Mregular holidayM and Mspecial dayM, respectively.

shall be aid at least two hundred ercent (4::P) o& his re!ular dail/ wa!e. '& the holida/ wor1 &alls on the scheduled rest da/ o& the em lo/ee, he shall be entitled to an additional remium a/ o& at least =:P o& his re!ular holida/ rate o& 4::P based on his re!ular wa!e rate. SECT'+8 ?. +,ertime a/ &or holida/ wor1. O Jor wor1 er&ormed in e0cess o& ei!ht hours on a re!ular holida/, an em lo/ee shall be aid an additional com ensation &or the o,ertime wor1 e>ui,alent to his rate &or the &irst ei!ht hours on such holida/ wor1 lus at least =:P thereo&. 2here the re!ular holida/ wor1 e0ceedin! ei!ht hours &alls on the scheduled rest da/ o& the em lo/ee, he shall be aid an additional com ensation &or the o,ertime wor1 e>ui,alent to his re!ular holida/-rest da/ &or the &irst $ hours lus =:P thereo&. The re!ular holida/ rest da/ rate o& an em lo/ee shall consist o& 4::P o& his re!ular dail/ wa!e rate lus =:P thereo&. SECT'+8 A. Absences. O (a) All co,ered em lo/ees shall be entitled to the bene&it ro,ided herein when the/ are on lea,e o& absence with a/. Em lo/ees who are on lea,e o& absence without a/ on the da/ immediatel/ recedin! a re!ular holida/ ma/ not be aid the re>uired holida/ a/ i& he has not wor1ed on such re!ular holida/. (b) Em lo/ees shall !rant the same ercenta!e o& the holida/ a/ as the bene&it !ranted b/ com etent authorit/ in the &orm o& em lo/eeUs com ensation or social securit/ a/ment, whiche,er is hi!her, i& the/ are not re ortin! &or wor1 while on such bene&its. (c) 2here the da/ immediatel/ recedin! the holida/ is a non-wor1in! da/ in the establishment or the scheduled rest da/ o& the em lo/ee, he shall not be deemed to be on lea,e o& absence on that da/, in which case he shall be entitled to the holida/ a/ i& he wor1ed on the da/ immediatel/ recedin! the non-wor1in! da/ or rest da/. SECT'+8 %. Tem orar/ or eriodic shutdown and tem orar/ cessation o& wor1. O (a) 'n cases o& tem orar/ or eriodic shutdown and tem orar/ cessation o& wor1 o& an establishment, as when a /earl/ in,entor/ or when the re air or cleanin! o& machineries and e>ui ment is underta1en, the re!ular holida/s &allin! within the eriod shall be com ensated in accordance with this (ule. (b) The re!ular holida/ durin! the cessation o& o eration o& an enter rise due to business re,erses as authorized b/ the Secretar/ o& Labor and Em lo/ment ma/ not be aid b/ the em lo/er. SECT'+8 $. *olida/ a/ o& certain em lo/ees. O (a) Pri,ate school teachers, includin! &acult/ members o& colle!es and uni,ersities, ma/ not be aid &or the re!ular holida/s durin! semestral ,acations. The/ shall, howe,er, be aid &or the re!ular holida/s durin! Christmas ,acation; (b) 2here a co,ered em lo/ee, is aid b/ results or out ut, such as a/ment on iece wor1, his holida/ a/ shall not be less than his a,era!e dail/ earnin!s &or the last se,en (%) actual wor1in! da/s recedin! the re!ular holida/; Pro,ided, *owe,er, that in no case shall the holida/ a/ be less than the a licable statutor/ minimum wa!e rate. 5uman B Labor ' B Pro&. Battad B Pa!e $: (c) Seasonal wor1ers ma/ not be aid the re>uired holida/ a/ durin! o&&-season when the/ are not at wor1. (d) 2or1ers who ha,e no re!ular wor1in! da/s shall be entitled to the bene&its ro,ided in this (ule. SECT'+8 #. (e!ular holida/ &allin! on rest da/s or Sunda/s. O (a) A re!ular holida/ &allin! on the em lo/eeUs rest da/ shall be com ensated accordin!l/. (b) 2here a re!ular holida/ &alls on a Sunda/, the &ollowin! da/ shall be considered a s ecial holida/ &or ur oses o& the Labor Code, unless said da/ is also a re!ular holida/. SECT'+8 ":. Successi,e re!ular holida/s. O 2here there are two (4) successi,e re!ular holida/s, li1e *ol/ Thursda/ and .ood Jrida/, an em lo/ee ma/ not be aid &or both holida/s i& he absents himsel& &rom wor1 on the da/ immediatel/ recedin! the &irst holida/, unless he wor1s on the &irst holida/, in which case he is entitled to his holida/ a/ on the second holida/. SECT'+8 "". (elation to a!reements. O 8othin! in this (ule shall 3usti&/ an em lo/er in withdrawin! or reducin! an/ bene&its, su lements or a/ments &or unwor1ed holida/s as ro,ided in e0istin! indi,idual or collecti,e a!reement or em lo/er ractice or olic/.
a. ") ar. J
5e&inition (etail Establishments, (ule 'm l. (A A%4%,
&) G(etail EstablishmentN is one rinci all/ en!a!ed in the sale o& !oods to end-users &or ersonal or household use; 4) ar. ! Ser,ice Establishment, (ule 'm l. (A A%4%,
!) GSer,ice EstablishmentN is one rinci all/ en!a!ed in the sale o& ser,ice to indi,iduals &or their own or household use and is !enerall/ reco!nized as such; b. Co,era!eBE0clusions, Art. #@ (a) A(T. #@. ,ight to holida pa . - (a) E,er/ wor1er shall be aid his re!ular dail/ wa!e durin! re!ular holida/s, e0ce t in retail and ser,ice establishments re!ularl/ em lo/in! less than ten (":) wor1ers; CantradeBJCCC 5i,ision Em lo/ees and 2or1ers Knion ,. Bacun!an, "@@ SC(A ?": ("#$A)
Cirineo Bowlin! Plaza, 'nc. ,. .err/ Sensin!, et al., @@$ SC(A "%? (4::?) %) Sunda/, Art. #= #a), 4nd Sentence; (ule ''', Sec. 4
A(T. #=. Compensation for rest da , Sunda or holida &or'. - (a) 2here an em lo/ee is made or ermitted to wor1 on his scheduled rest da/, he shall be aid an additional com ensation o& at least thirt/ ercent (=:P) o& his re!ular wa!e. An em lo/ee shall be entitled to such additional com ensation &or wor1 er&ormed on Sunda/ onl/ when it is his established rest da/. SECT'+8 4. Business on Sunda/sB*olida/s. O All establishments and enter rises ma/ o erate or o en &or business on Sunda/s and holida/s ro,ided that the em lo/ees are !i,en the wee1l/ rest da/ and the bene&its as ro,ided in this (ule. 2ellin!ton 'n,estment 'nc. ,. Tra3ano, 4@? SC(A ?A" ("##?)
c.
*olida/ Pa/, Art. #@ (b) (b) The em lo/er ma/ re>uire an em lo/ee to wor1 on an/ holida/ but such em lo/ee shall be aid a com ensation e>ui,alent to twice his re!ular rate; and ") Jacult/ in Pri,ate School, (ule '9, Sec. $ (a)
SECT'+8 $. *olida/ a/ o& certain em lo/ees. O (a) Pri,ate school teachers, includin! &acult/ members o& colle!es and uni,ersities, ma/ not be aid &or the re!ular holida/s durin! semestral ,acations. The/ shall, howe,er, be aid &or the re!ular holida/s durin! Christmas ,acation; A) 5i,isor as Jactor Trans-Asia Phil. Em lo/ees Association ,. 8L(C, =4: SC(A =@% ("###) $) Cuslim *olida/, Art. "A#-"%4; P5 ":$= (Jeb. "#%%)
5uman B Labor ' B Pro&. Battad B Pa!e $"

BOOK FI3E )ISCELLANEOUS AND TRANSITORC .RO3ISIONS TITLE I )USLI) <OLIDACS Ar $c#e 14/. *fficial Muslim holida s. The &ollowin! are hereb/ reco!nized as le!al Cuslim holida/s7 (a) UAmun Jadid (8ew Tear), which &alls on the &irst da/ o& the &irst lunar month o& Cuharram; (b) Caulid-un-8abi (Birthda/ o& the Pro het Cuhammad), which &alls on the twel&th da/ o& the third lunar month o& (abi-ul-Awwal; (c) Lailatul 'sra 2al CiUra3 (8octurnal Journe/ and Ascension o& the Pro het Cuhammad), which &alls on the twent/-se,enth da/ o& the se,enth lunar month o& (a3ab; (d) U'd-ul-Jitr (*ari (a/a Pausa), which &alls on the &irst da/ o& the tenth lunar month o& Shawwal, commemoratin! the end o& the &astin! season; and (e) U'd-ul-Adha (*ari (a3a *a3i), which &alls on the tenth da/ o& the twel&th lunar month o& 5hu "-*i33a. Ar $c#e 1D7. Pro#inces and cities &here officiall o"ser#ed. (") Cuslim holida/s shall be o&&iciall/ obser,ed in the Pro,inces o& Basilan, Lanao del 8orte, Lanao del Sur, Ca!uindanao, 8orth Cotabato, Sultan Qudarat, Sulu, TawiTawi, Vamboan!a del 8orte and Vamboan!a del Sur, and in the Cities o& Cotabato, 'li!an, Carawi, Pa!adian, and Vamboan!a and in such other Cuslim ro,inces and cities as ma/ herea&ter be created. (4) K on roclamation b/ the President o& the Phili ines, Cuslim holida/s ma/ also be o&&iciall/ obser,ed in other ro,inces and cities. Ar $c#e 1D1. %ates of o"ser#ance. The dates o& Cuslim holida/s shall be determined b/ the +&&ice o& the President o& the Phili ines in accordance with the Cuslim Lunar Calendar (*i3ra). Ar $c#e 1D>. *"ser#ance of Muslim emplo ees. (") All Cuslim !o,ernment o&&icials and em lo/ees in laces other than those enumerated under Article "%: shall also be e0cused &rom re ortin! to o&&ice in order that the/ ma/ be able to obser,e Cuslim holida/s. (4) The President o& the Phili ines ma/, b/ roclamation, re>uire ri,ate o&&ices, a!encies or establishments to e0cuse their Cuslim em lo/ees &rom re ortin! &or wor1 durin! a Cuslim holida/ without reduction in their usual com ensation. e. d. Absences, (ule l9, Secs. A (a), ":
o& A
San Ci!uel Cor . ,. Court eals, =%? SC(A ="" (4::4)
SECT'+8 A. Absences. O (a) All co,ered em lo/ees shall be entitled to the bene&it ro,ided herein when the/ are on lea,e o& absence with a/. Em lo/ees who are on lea,e o& absence without a/ on the da/ immediatel/ recedin! a re!ular holida/ ma/ not be aid the re>uired holida/ a/ i& he has not wor1ed on such re!ular holida/. SECT'+8 ":. Successi,e re!ular holida/s. O 2here there are two (4) successi,e re!ular holida/s, li1e *ol/ Thursda/ and .ood Jrida/, an em lo/ee ma/ not be aid &or both holida/s i& he absents himsel& &rom wor1 on the da/ immediatel/ recedin! the &irst holida/, unless he wor1s on the &irst holida/, in which case he is entitled to his holida/ a/ on the second holida/. 8on-2or1in!BSchedule (ule '9, Sec. A (c) o& (est 5a/,
(c) 2here the da/ immediatel/ recedin! the holida/ is a non-wor1in! da/ in the establishment or the scheduled rest da/ o& the em lo/ee, he shall not be deemed to be on lea,e o& absence on that da/, in which case he shall be entitled to the holida/ a/ i& he wor1ed on the da/ immediatel/ recedin! the non-wor1in! da/ or rest da/. @. Ser,ice 'ncenti,e Lea,e Art. #?; +mnibus (ules, Boo1 ''',
(e&erence7 (ule 9
A(T. #?. ,ight to ser#ice incenti#e lea#e. - (a) E,er/ em lo/ee who has rendered at least one /ear o& ser,ice shall be entitled to a /earl/ ser,ice incenti,e lea,e o& &i,e da/s with a/. (b) This ro,ision shall not a l/ to those who are alread/ en3o/in! the bene&it herein ro,ided, those en3o/in! ,acation lea,e with a/ o& at least &i,e da/s and those em lo/ed in establishments re!ularl/ 5uman B Labor ' B Pro&. Battad B Pa!e $4

em lo/in! less than ten em lo/ees or in establishments e0em ted &rom !rantin! this bene&it b/ the Secretar/ o& Labor and Em lo/ment a&ter considerin! the ,iabilit/ or &inancial condition o& such establishment. (c) The !rant o& bene&it in e0cess o& that ro,ided herein shall not be made a sub3ect o& arbitration or an/ court or administrati,e action. a. Co,era!e, Art. #? (a) (b) Ca1ati *aberdasher/ 'nc. 8. 8L(C, "%# SC(A @@# ("#$#)
RE#",(IC ACT N!. 8187 AN ACT )RANTIN) #ATERNITD (EA@E !* SE@EN (7) ADS AIT+ *"(( #AD T! A(( $ARRIE $A(E E$#(!DEES IN T+E #RI@ATE AN #",(IC SECT!RS *!R T+E *IRST *!"R (4) E(I@ERIES !* T+E (E)ITI$ATE S#!"SE AIT+ A+!$ +E IS C!+A,ITIN) AN *!R !T+ER #"R#!SES. &e it enacted by the Senate and 9ouse of epresentatives of the 5hilippines in Congress assembled; as S#CT!'+ -. Short Title. - This Act shall be )nown the MPaternity Leave Act of 9::;M.
S#CT!'+ .. +otwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven ,61 days with full pay for the first four ,01 deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the e*pected date of such delivery. Cor purposes, of this Act, delivery shall include childbirth or any miscarriage. S#CT!'+ 4. Definition of Term. - Cor purposes of this Act, 5aternity "eave refers to the benefits granted to a married male employee allowing him not to report for wor) for seven ,61 days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery andHor in the nursing of the newly-born child. S#CT!'+ 0. The Secretary of "abor and #mployment, the Chairman of the Civil Service Commission and the Secretary of 9ealth shall, within thirty ,471 days from the effectivity of this Act, issue such rules and regulations necessary for the proper implementation of the provisions hereof. S#CT!'+ /. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not e*ceeding Twenty-five thousand pesos ,5./,7771 or imprisonment of not less than thirty ,471days nor more than si* ,31 months. !f the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entityJs responsible officers, including, but not limited to, the president, vice-president, chief e*ecutive officer, general manager, managing director or partner directly responsible therefor. S#CT!'+ 3. Nondiminution Clause. - +othing in this Act shall be construed to reduce any e*isting benefits of any form granted under e*isting laws, decrees, e*ecutive orders, or any
5uman B Labor ' B Pro&. Battad B Pa!e $=
b.
Labor Con!ress ,. 8L(C, supra Com utation and Liabilit/ Sentinel Securit/ A!enc/, 'nc. ,. 8L(C, 4#? SC(A "4= "##$)
Auto Bus Trans ort S/stems, 'nc. ,. Bautista, supra ?. Paternit/ Lea,e, Paternit/ Lea,e o& "##A ((A $"$%), Secs. "-A; 'm l. (ules

contract agreement or policy between employer and employee. S#CT!'+ 6. Repealing Clause. - All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. S#CT!'+ >. )ffectivity. - This Act shall ta)e effect ,-/1 days from its publication in the 'fficial :a(ette or in at least two ,.1 newspapers of national circulation. and #mployment ,2'"#1 and other related government and nongovernment agencies. Section 3. Definition of Terms. - Ahenever used in this Act, the following terms shall mean as follows; ,a1 MSolo parentM - any individual who falls under any of the following categories; ,-1 A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender; Provided, That the mother )eeps and raises the child< ,.1 5arent left solo or alone with the responsibility of parenthood due to death of spouse< ,41 5arent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one ,-1 year< ,01 5arent left solo or alone with the responsibility of parenthood due to physical andHor mental incapacity of spouse as certified by a public medical practitioner< ,/1 5arent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one ,-1 year, as long as heHshe is entrusted with the custody of the children< ,31 5arent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as heHshe is entrusted with the custody of the children< ,61 5arent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one ,-1 year< ,>1 Bnmarried motherHfather who has preferred to )eep and rear herHhis childHchildren instead of having others care for them or give them up to a welfare institution< ,81 Any other person who solely provides parental care and support to a child or children< ,-71 Any family member who assumes the responsibility of head
5uman B Labor ' B Pro&. Battad B Pa!e $@
Approved;
,S:2.1 +#5TA"! A. :'+PA"#S 5resident of the Senate
,S:2.1 @'S# 2# D#+#C!A, @ . Spea)er of the 9ouse of epresentatives
This Act, which is a consolidation of Senate &ill +o. -74. and 9ouse &ill +o. 6-40 was finally passed by the Senate and the 9ouse of epresentatives on @une >, -883.
".
Parental Lea,e, Solo ParentsF 2el&are Act o& 4::: ((A $#%4); 'm l. (ules
RE#",(IC ACT N!. 8972 AN ACT #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN, A##R!#RIATIN) *"N S T+ERE*!R AN *!R !T+ER #"R#!SES .e it enacted by the +enate and 5ouse of Representatives of the Philippines Congress assembled< Section 1. Title. - This Act shall be )nown as the MSolo 5arentsJ Aelfare Act of .777.M Section 2. Declaration of Policy. - !t is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the 2epartment of Social Aelfare and 2evelopment ,2SA21, the 2epartment of 9ealth ,2'91, the 2epartment of #ducation, Culture and Sports ,2#CS1, the 2epartment of the !nterior and "ocal :overnment ,2!":1, the Commission on 9igher #ducation ,C9#21, the Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, the +ational 9ousing Authority ,+9A1, the 2epartment of "abor

of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. A change in the status or circumstance of the parent claiming benefits under this Act, such that heHshe is no longer left alone with the responsibility of parenthood, shall terminate hisHher eligibility for these benefits. ,b1 MChildrenM - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen ,->1 years of age, or even over eighteen ,->1 years but are incapable of self-support because of mental andHor physical defectHdisability. ,c1 M5arental responsibilityM - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article ..7 of #*ecutive 'rder +o. .78, as amended, otherwise )nown as the MCamily Code of the 5hilippines.M ,d1 M5arental leaveM - shall mean leave benefits granted to a solo parent to enable himHher to perform parental duties and responsibilities where physical presence is required. ,e1 MCle*ible wor) scheduleM - is the right granted to a solo parent employee to vary hisHher arrival and departure time without affecting the core wor) hours as defined by the employer. Section 4. Criteria for +upport. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the +ational #conomic and 2evelopment Authority ,+#2A1 and subject to the assessment of the 2SA2 wor)er in the area shall be eligible for assistance; Provided$ ho#ever, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 3, 6 and > of this Act. Section 5. Comprehensive Pac-age of +ocial Development and %elfare +ervices. - A comprehensive pac)age of social development and welfare services for solo parents and their families will be developed by the 2SA2, 2'9, 2#CS, C9#2, T#S2A, 2'"#, +9A and 2!":, in coordination with local government units and a nongovernmental organi(ation with proven trac) record in providing services for solo parents. The 2SA2 shall coordinate with concerned agencies the implementation of the comprehensive pac)age of social development and welfare services for solo parents and their families. The pac)age will initially include; ,a1 "ivelihood development services which include trainings on livelihood s)ills, basic business management, value orientation and the provision of seed capital or job placement. ,b1 Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts. ,c1 5arent effectiveness services which include the provision and e*pansion of )nowledge and s)ills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children. ,d1 Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse. ,e1 Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment. Section 6. 1le4ible %or- +chedule. - The employer shall provide for a fle*ible wor)ing schedule for solo parents; 5rovided, That the same shall not affect individual and company productivity; Provided$ further$ That any employer may request e*emption from the above requirements from the 2'"# on certain meritorious grounds. Section 7. %or- Discrimination. - +o employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of hisHher status. Section 8. Parental Leave. - !n addition to leave privileges under e*isting laws, parental leave of not more than seven ,61 wor)ing days every year shall be granted to any solo parent employee who has rendered service of at least one ,-1 year. Section 9. )ducational .enefits. - The 2#CS, C9#2 and T#S2A shall provide the following benefits and privileges; ,-1 Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technicalHs)ills education< and ,.1 +onformal education programs appropriate for solo parents and their children. The 2#CS, C9#2 and T#S2A shall promulgate rules and regulations for the proper implementation of this program.
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Section 10. 5ousing .enefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioriti(ing applicants below the poverty line as declared by the +#2A. Section 11. 'edical Assistance. - The 2'9 shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the 2'9 through their retained hospitals and medical centers and the local government units ,":Bs1 through their provincialHdistrictHcityHmunicipal hospitals and rural health units , 9Bs1. Section 12. Additional Po#ers and 1unctions of the D+%D. The 2SA2 shall perform the following additional powers and functions relative to the welfare of solo parents and their families; ,a1 Conduct research necessary to; ,-1 develop a new body of )nowledge on solo parents< ,.1 define e*ecutive and legislative measures needed to promote and protect the interest of solo parents and their children< and ,41 assess the effectiveness of programs designed for disadvantaged solo parents and their children< ,b1 Coordinate the activities of various governmental and nongovernmental organi(ations engaged in promoting and protecting the interests of solo parents and their children< and ,c1 =onitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are effectively implemented. Section 13. (mplementing Rules and Regulations. An interagency committee headed by the 2SA2, in coordination with the 2'9, 2#CS, C9#2, T#S2A, 2'"#, +9A, and 2!": is hereby established which shall formulate, within ninety ,871 days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local government units, nongovernment organi(ations and peopleJs organi(ations. Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of concerned government agencies in the :eneral Appropriations Act of the year following its enactment into law and thereafter.9a#phil.net Section 15. Repealing Clause. - All laws, decrees, e*ecutive orders, administrative orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Section 16. +eparability Clause. - !f any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect. Section 17. )ffectivity Clause. - This Act shall ta)e effect fifteen ,-/1 days following its complete publication in the &fficial a/ette or in at least two ,.1 newspaper of general circulation. Approved. ,Sgd.1 C!SE#+ ECERCIT! President of the Philippines ESTRA A
epublic of the 5hilippines +ational #conomic 2evelopment Authority S!CIA( E@E(!#$ENT C!$$ITTEE (S C) esolution +o.. ,Series .77.1 A##R!@IN) T+E I$#(E$ENTIN) R"(ES AN RE)"(ATI!NS (IRR) !* RE#",(IC ACT 8972 #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN A+EREAS, it is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development< A+EREAS, in support of this State policy, .A. >86., otherwise )nown as the Solo 5arents? Aelfare Act of .777, has been enacted to develop a comprehensive program for social development and welfare services for solo parents and their children< A+EREAS, to ensure the implementation of the Act, the 2epartment of Social Aelfare and 2evelopment was tas)ed to coordinate with concerned agencies and perform additional functions relative to the welfare and development of solo parents and their children< A+EREAS, an interagency committee headed by 2SA2 and participated in by the 2epartments of 9ealth ,2'91, #ducation ,2ep#d1, "abor and #mployment ,2'"#1, and !nterior and "ocal :overnment ,2!":1, Commission on 9igher #ducation ,C9#21, Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, and +ational 9ousing Authority ,+9A1 drafted the ! in consultation with the local government units, nongovernment organi(ations and people?s organi(ations< A+EREAS, the draft IRR was deliberated upon and approved by the members of the S2C-Cabinet level subject to the incorporation of certain comments during its meeting on the -7th day of April .77.< N!A, T+ERE*!RE, ,E IT RES!(@E , AS IT IS +ERE,D RES!(@E , by the Chairman and members of the +#2A &oard?s Social 2evelopment Committee-Cabinet level, to approve the ! of .A. >86.. RES!(@E *"RT+ER, that this IRR shall be published at least in one newspaper of general circulation. Adopted, this -7 day of April in the year of our "ord, Two Thousand and Two, 5asig City. R"(ES AN RE)"(ATI!NS IN T+E I$#(E$ENTATI!N !* RE#",(IC ACT N!. 8972, AN ACT #R!@I IN) *!R ,ENE*ITS AN #RI@I(E)ES T! S!(! #ARENTS AN T+EIR C+I( REN, A##R!#RIATIN) *"N S T+ERE*!R AN *!R !T+ER #"R#!SES A T!C"# ! T!T"#, 5B 5'S# A+2 C'+ST BCT!'+
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Section -. Title % These rules shall be )nown and cited as the ules and egulations !mplementing epublic Act +o. >86., more commonly )nown as the So7o #4rent&L Ae7'4re Act o' 2000. Section .. 5urpose % These ules are promulgated to prescribe the procedure and guidelines for the implementation of the Solo 5arents? Aelfare Act of .777 in order to facilitate the compliance therewith and to achieve the objectives thereof. Section 4. Construction % These ules shall be 7i5er477- construed in '4.or o' t0e &o7o 14rent and applied in accordance with and in furtherance of the policy and objectives of the law. !n case of conflict andHor ambiguity, which may arise in the implementation of these ules, the concerned agencies shall issue the necessary clarification. A T!C"# !! 2#C"A AT!'+ 'C 5'"!C!#S A+2 '&@#CT!D#S Section 0. 2eclaration of 5olicy % !t is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the 2epartment of Social Aelfare and 2evelopment ,2SA21, the 2epartment of 9ealth ,2'91, the 2epartment of #ducation ,2ep#d1, the 2epartment of the !nterior and "ocal :overnment ,2!":1, the Commission on 9igher #ducation ,C9#21, the Technical #ducation and S)ills 2evelopment Authority ,T#S2A1, the +ational 9ousing Authority ,+9A1, the 2epartment of "abor and #mployment ,2'"#1 and other related government agencies and non-government organi(ations or civil society. Section /. 'bjective % These ules and egulations see) to clarify the scope and application of the Act in order that the proper parties may avail of its benefits. A T!C"# !!! 2#C!+!T!'+ 'C T# =S Section 3. 2efinition of terms % As used in these ules, the following terms shall mean as follows; ,a1 FActG % the Solo 5arents? Aelfare Act of .777< ,b1 FSolo 5arentG % any individual who falls under any of the following categories; ,-1 A woman who gives birth as a result of rape or crimes against chastity, even without a final conviction of the offender; 5rovided, that the mother )eeps and raises the child< ,.1 5arent left solo or alone with the responsibility of parenthood due to death of spouse< ,41 5arent left solo or alone with the responsibility of parenthood while the spouse is detained, or is serving sentence for a criminal conviction for at least one ,-1 year< The law applies to the spouses of prisoners, whether or not a final judgement has been rendered, provided they are in detention for a minimum period of one ,-1 year< ,01 5arent left solo or alone with the responsibility of parenthood due to physical andHor mental incapacity of spouse as certified by a public medical practitioner< ,/1 5arent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one ,-1 year; 5rovided, that he or she is entrusted with the custody of the children< ,31 5arent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marrriage as decreed by a court or by a church; 5rovided, that heHshe is entrusted with the custody of the children< ,61 5arent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one ,-1 year< ,>1 Bnmarried motherHfather who has preferred to )eep and rear hisHher childHchildren instead of having others care for them or give them up to a welfare institution< ,81 Any other person who solely provides parental care and support to a child or children provided heHshe is duly licensed as a foster parent by the 2SA2 or duly appointed legal guardian by the court< ,-71 Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or absence lasts for at least one ,-1 year. A change in the status or circumstance of the parent claiming benefits under the Act, such that heHshe is no longer left alone with the responsibility of parenthood, shall terminate hisHher eligibility for these benefits< ,c1 FCamilyG % shall refer to the Solo 5arent and hisHher childHchildren< 5rovided, however, that the family member referred to in Section 4, paragraph ,a1 ,-71 of these ules shall include any relative by consanguinity up to the fourth civil degree. These persons shall include, but are not limited to, any uncle, aunt, grandfather, grandmother, niece, nephew, or cousin< ,d1 FSocial Aor)erG % a person who is a graduate of Social Aor) and duly registered pursuant to epublic Act 0464 and employed with the Social Aelfare and 2evelopment 'ffice of the local government unit where the solo parent resides< ,e1 FChildrenG % refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and 5e7o2 ei90teen (18) -e4r& o' 49e, or e.en ei90teen (18) -e4r& 4n3 45o.e but are incapable of self-support andHor mentally andHor physically challenged< ,f1 F5arental responsibilityG % with respect to their minor children shall refer to the rights and duties of the parents as defined in Article ..7 of #*ecutive
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'rder +o. .78, as amended, otherwise )nown as the FCamily Code of the 5hilippines,G and hereunder enumerated as follows; ,-1 To )eep them in their company, to support, educate and instruct them by right precept and good e*ample and to provide for their upbringing in )eeping with their means< ,.1 To give them love and affection, advice and counsel, companionship and understanding< ,41 To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citi(enship< ,01 To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals< ,/1 To represent them in all matters affecting their interest< ,31 To demand from them respect and obedience< ,61 To !mpose discipline on them as may be required under the circumstances< and ,>1 To perform such other duties as are imposed by law and upon parents and guardians< ,g1 F5arental leaveG % shall mean leave benefits granted to a solo parent to enable himHher to perform parental duties and responsibilities where physical presence is required< ,h1 FCle*ible wor) scheduleG % is the right granted to a solo parent employee to vary hisHher arrival and departure time without affecting the core wor) hours as defined by the employer< ,i1 F2SA2G % shall refer to the 2epartment of Social Aelfare and 2evelopment< ,j1 F2'9G % shall refer to the 2epartment of 9ealth< ,)1 F2'"#G % shall refer to the 2epartment of "abor and #mployment< ,l1 F2ep#dG % shall refer to the 2epartment of #ducation< ,m1 F2!":G % shall refer to the 2epartment of the !nterior and "ocal :overnment< ,n1 FC9#2G % shall refer to the Commission on 9igher #ducation<
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,o1 F+9AG % shall refer to the +ational 9ousing Authority< ,p1 FT#S2AG % shall refer to the Technical #ducation and S)ills 2evelopment Authority< ,q1 F+#2AG % shall refer to the +ational #conomic and 2evelopment Authority< ,r1 F+SC&G % shall refer to the +ational Statistical Coordination &oard, an attached agency of +#2A and responsible for determining the regional poverty threshold. A T!C"# !D C !T# !A C' SB55' T Section 6. Criteria for Support % Any solo parent whose income in the place of domicile '477& e?/47 to or 5e7o2 t0e 1o.ert- t0re&0o73 as set by the +SC& and subject to the assessment of the duly appointed or designated social wor)er in the area shall be eligible for assistance; 5rovided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections -3, -6, ->, -8, .7, .- and .4 of these ules. Cor purposes of the Act and these ules, the place of domicile shall refer to the residence mentioned in Section >,a1 of these ules. Section >. Lualifications of Solo 5arent % A solo parent see)ing benefits other than those provided for under Sections -3, -6, ->, -8, .7, .- and .4 of these ules shall be qualified on the basis of the following; ,a1 A resident of the area where the assistance is sought, 4& certi'ie3 5t0e 54r4n94- c41t4in> #ro.i3e3, t04t i' t0e &o7o 14rent i& 4 tr4n&'eree 'ro6 4not0er 54r4n94-, 0eI&0e i& re?/ire3 to &ec/re 4 c7e4r4nce 'ro6 0i&I0er 1re.io/& 54r4n94-, in3ic4tin9 20et0er or not 0eI&0e 04& 4.4i7e3 o' 4n- 5ene'it& 'or &o7o 14rent&, 4n3 t0e n4t/re o' &/c0 5ene'it&. ,b1 Aith an income level equal to or below the poverty threshold as set forth by +SC& and assessed by a social wor)er as provided for under Section 6 of these ules.

Section 8. Assessment %an applicant who manifests the need for assistance under the Act is subject to assessment by a social wor)er at the cityHmunicipal Social Aelfare and 2evelopment 'ffice. The assessment shall cover, but not be limited to, the following; ,a1 2etermination of the applicant?s category as enumerated in Article !!! Section 3 paragraph ,b1 of these ules< ,b1 #valuation of the needs of the applicant and hisHher children as basis for provision of the appropriate service and intervention< ,c1 !dentification of the level of readiness of the applicant to receive a particular serviceHassistance, which shall serve as basis for the conduct of social preparation activities prior to the provision of such serviceHassistance< and ,d1 !dentification of e*isting and potentially available resources that may support the applicant and hisHher children. Section -7. 5rocedure in Accessing Services for Solo 5arents - A person who needs assistance under this Act shall comply with the following process< ,a1 Disit the Social Aelfare and 2evelopment 'ffice of the city or municipality of herHhis residence to manifest herHhis need for assistance< ,b1 Cill up application form for the assistance, indicating but not limited to, the following information; -. +ame .. Age 4. AddressHArea of 2omicile 0. !ncome per month /. SourceHs of income 3. +umber of children 6. Circumstances of being solo< ,c1 Bndergo the necessary assessment process as stipulated in Section 8 Article !D of these ules< ,d1 A Social Case Study eport shall be prepared by the social wor)er based on the informationHdata provided for by the applicant, as well as hisHher assessment of said applicant, indicating therein the appropriate services needed. ,e1 The Social Case Study eport, together with a referral letter prepared by the social wor)er, shall be forwarded by the 'ffice of the CityH=unicipal Social Aelfare and 2evelopment 'ffice to the agency concerned providing the appropriate assistanceHservice. ,f1 The social wor)er shall inform the solo parent of the status of hisHher application within thirty ,471 wor)ing days from the filing of such and shall require himHher to visit the agencyHinstitution providing the assistance. !n case the applicant is not qualified for services under this Act, heHshe will be referred to the appropriate agencyHprogram for assistance. ,g1 Bpon the favorable evaluation of the social wor)er, a Solo 5arent !dentification Card shall be issued on the solo parent within 30 34-& upon application duly signed by the cityHmunicipal Social Aelfare 'fficer and the cityHmunicipal mayor. The Solo 5arent !dentification Card is necessary for the availment of benefits under the Act and these ules. Such !dentification Card shall be valid for only one ,-1 year, but may be renewed subject to a new assessment and evaluation< ,h1 Cor the public?s information and guidance, a list of persons who applied and those who were able to avail of the benefits under this Act shall be made available by the concerned cityHmunicipal social welfare and development office which processed their applications.
Section --. 5rocedure for Application of &enefits % An applicant who was determined by a social wor)er to be eligible for assistance may apply for benefits under this Act through the following< ,a1 The solo parent may go to the agency providing such benefit bringing with herHhim the !dentification Card issued by the =unicipalHCity Social Aelfare and 2evelopment 'ffice< ,b1 Bndergo the necessary qualifying activities required by the agency as prescribed by these ules< and
,c1 Comply with the requirements set forth by the agency providing the service for the duration of the assistance ,e.g. schooling, housing1 subject to e*isting rules of the agencies concerned. Section -.. 5rocedure for Termination of &enefits ,a1 A solo parent shall manifest to the Social Aelfare 'ffice hisHher intention to withdraw the availment of the benefits under this Act. (5) !f the solo parent does not voluntarily manifest hisHher intention to terminate
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the provision of benefits and services 5e'ore t0e 741&e o' one -e4r 'ro6 t0e i&&/4nce o' t0e So7o #4rent I. ., the Social Aor)er, based on a report by the employer or any interested person shall conduct the necessary assessmentHevaluation to ascertain if grounds for termination and withdrawal of benefits e*ist. The !dentification Card shall cease to be effective upon the lapse of one year from issuance, unless renewed based on a new assessment and evaluation. *4i7/re to rene2 2i77 6e4n t04t 0eI&0e 04& c04n9e3 0i&I0er &t4t/& 4& 4 &o7o 14rent. (c) The solo parent shall be informed of the result of the assessmentHevaluation and termination of the service, if warranted, through written notice. The termination shall ta)e effect 47 days from the receipt of the notice of termination. !n cases when the service cannot be terminated in a period of one month, e.g. schooling, the service shall be completed until its due time. The +9A and other participating housing agencies shall issue the guidelines in the termination of housing benefits provided in sections .4 and .0 of these ules. (3) The solo parent and hisHher children shall undergo psychosocial counseling with the social wor)er to prepare them for independent living. Section -4. elocation of the Camily % !n the event a solo parent decides to relocate hisHher family, heHshe shall inform the cityHmunicipal Social Aelfare and 2evelopment 'ffice. Said office shall thereupon transmit the records to the cityHmunicipal Social Aelfare and 2evelopment 'ffice of the place of relocation. Section -0. 2uty to =onitor % !t shall be the duty of the cityHmunicipal Social Aelfare 'fficer who receives said records, to assign a social wor)er to monitor the status of the relocated solo parent and hisHher family. =oreover, it shall also be the duty of said officer to coordinate with the concerned agencies of any changes in the status of the solo parent receiving benefits from said agencies. A T!C"# D &#+#C!TS Section -/. Comprehensive 5ac)age of Social 2evelopment and Aelfare Services % A comprehensive pac)age of social development and welfare services for solo parents and their families will be developed by the 2SA2, 2'9, 2ep#d, C9#2, T#S2A, 2'"#, +9A and 2!":, in coordination with local government units and non-governmental organi(ations with proven trac) record in providing services for solo parents. The 2SA2 shall coordinate with concerned agencies the implementation of the comprehensive pac)age of social development and welfare services for solo parents and their families. The pac)age will initially include; ,a1 "ivelihood development services, which include training on livelihood s)ills, basic business management, value orientation and the provision of seed capital or job placement. The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the benefits of this item shall be provided for by the 2'"# and T#S2A< the provision of seed capital shall be guided by the credit policy of the +ational Credit Council as contained in #.'. +o. -4>, F ationali(ation of :overnment 2irected Credit 5rogramG, passed in -888. ,b1 Counseling services, which include individual, peer group or family counseling. These will focus on the resolution of personal relationship and role conflicts.
The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the benefits of this item shall be provided for by the 2SA2< ,c1 5arent effectiveness services which include the provision and e*pansion of )nowledge and s)ills of the solo parent on early childhood development, behavior management, health care and proper nutrition, rights and duties of parents and children< ,d1 Critical incidence stress debriefing, which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse< ,e1 Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or egobuilding, crisis management and spiritual enrichment. Section -3. Cle*ible Aor) Schedule % The employer shall provide for a fle*ible wor) schedule for solo parents; 5rovided, That the same shall not affect individual and company productivity; 5rovided further, That any employer may request e*emption from the above requirements from the 2'"# on certain meritorious grounds. !n the case of employees in the government service, fle*ible wor)ing hours will be subject to the discretion of the head of the agency. !n no case shall the wee)ly wor)ing hours be reduced in the event the agency adopts the fle*ible wor)ing hours schedule format ,fle*i-time1. !n the adoption of fle*i-time, the core wor)ing hours shall be prescribed ta)ing into consideration the needs of the service.. Section -6. Aor) 2iscrimination % +o employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of hisHher status. Section ->. 5arental "eave % !n addition to leave privileges under e*isting laws, parental leave of not more than seven ,61 wor)ing days every year shall be granted to any solo parent employee who has rendered service of at least one ,-1 year. The sevenday parental leave shall be non-cumulative.
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Section -8. Conditions for #ntitlement of 5arental "eave % A solo parent shall be entitled to parental leave provided that; ,a1 9eHShe has rendered at least one ,-1 year of service whether continuous or bro)en at the time of the affectivity of the Act< ,b1 9eHShe has notified hisHher employer of the availment thereof within a reasonable time period< and ,c1 9eHShe has presented a Solo 5arent !dentification Card to hisHher employer. Section .7. +on-conversion of 5arental "eave % !n the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. 9owever, if said leave were denied an employee as a result of noncompliance with the provisions of these ules by an employer, the aforementioned leave may be used a basis for the computation of damages. Section .-. Crediting of #*isting "eave % !f there is an e*isting or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement the same shall be credited as such. !f the same is greater than the seven ,61 days provided for in the Act, the greater benefit shall prevail. #mergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under the Act and these ules. Section ... #ducational &enefits % The 2ep#d, C9#2 and T#S2A shall provide the following benefits and privileges; ,a1 Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technicalHs)ills education< ,b1 +on-formal education programs appropriate for solo parents and their children.
/. 'riginal or Certified True Copy of the transcript of record, or the eport Care of the last year the applicant attended school. Section .4. 9ousing &enefits % Solo parents who meet the eligibility criteria for housing assistance under .A. +o. 6.68 ,Brban 2evelopment and 9ousing Act of -88.1 and other related rules and regulations of participating housing agencies shall be provided with liberal terms of payment on government low-cost housing projects, in accordance with housing law provisions, prioriti(ing applicants below the poverty line as declared by the +SC&. Section.0. The +9A shall ma)e available housing units to solo parents in its housing projects subject to e*isting disposition policies or may refer them to other housing projects, as appropriate, provided that; ,a1 The identified solo parent must be eligible for assistance under the provisions of this Act< ,b1 Solo parents applying for housing benefits must meet the qualification criteria for housing assistance under epublic Act 6.68, or the Brban 2evelopment and 9ousing Act ,B29A1 and other +9A eligibility criteria under e*isting policies, rules and regulations< and
,c1 #ligible solo parents shall file their application for housing unit directly with the concerned +9A 5roject 'ffices. Bpon written request, the +9A shall provide the 2SA2 a listing of +9A projects with available housing units for disposition. This list shall be updated and provided semi-annually. Section ./. =edical Assistance % The 2'9 shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the 2'9 through their retained hospitals and medical centers and the local government units ,":Bs1 through their provincialHdistrictHcityHmunicipal hospitals and rural health units , 9Bs1. Section .3. #ssential 9ealth 5ac)ages % To ensure the state of well-being of the solo parent and hisHher family, healthyHmedical services shall be made available at all times, in all levels of health care delivery system as mentioned in the previous section. These healthHmedical services shall be part of the regular essential health pac)ages being provided at various stages of life. A T!C"# D! A22!T!'+A" 5'A# S A+2 CB+CT!'+S 'C T9# 2SA2 Section .6. Additional 5owers and Cunctions of the 2SA2 % The 2SA2 shall perform the following additional powers and functions relative to the welfare and development of solo parents and their families; ,a1 Conduct research necessary to;
Application 5rocedure; -. Applicant must secure application form from either 2ep#d, C9#2 and T#S2A depending on their need< .. Submit the duly accomplished application form together with the required documents to the appropriate agency. The following are the documents required to be attached with the application; -. Solo 5arent !dentification Card .. &arangay Clearance 4. &irth Certificate 0. +otice of admission from the school
5uman B Labor ' B Pro&. Battad B Pa!e #"

,-1 develop a new body of )nowledge on solo parents< ,.1 2efine e*ecutive and legislative measures needed to promote and protect the interest of solo parents and their children< and ,41 Assess the effectiveness of policies and programs designed for solo parents and their children< The commissioning or contracting out for the conduct of said research shall be inherent in the performance of herein function< ,b1 Coordinate the activities of various government agencies, ()"&, and nongovernment organi(ations engaged in promoting and protecting the interests of solo parents and their children< ,c1 Coordinate the dissemination of information concerning the benefits of the Act and these ules, as well as other advocacy activities< and =onitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are efficiently and effectively implemented.
A(T. #A. Ser#ice charges. - All ser,ice char!es collected b/ hotels, restaurants and similar establishments shall be distributed at the rate o& ei!ht/-&i,e ercent ($?P) &or all co,ered em lo/ees and &i&teen ercent ("?P) &or mana!ement. The share o& the em lo/ees shall be e>uall/ distributed amon! them. 'n case the ser,ice char!e is abolished, the share o& the co,ered em lo/ees shall be considered inte!rated in their wa!es.
(KLE 9' Ser,ice Char!es SECT'+8 ". Co,era!e. O This rule shall a l/ onl/ to establishments collectin! ser,ice char!es such as hotels, restaurants, lod!in! houses, ni!ht clubs, coc1tail loun!e, massa!e clinics, bars, casinos and !amblin! houses, and similar enter rises, includin! those entities o eratin! rimaril/ as ri,ate subsidiaries o& the .o,ernment. SECT'+8 4. Em lo/ees co,ered. O This rule shall a l/ to all em lo/ees o& co,ered em lo/ers, re!ardless o& their ositions, desi!nations or em lo/ment status, and irres ecti,e o& the method b/ which their wa!es are aid e0ce t to mana!erial em lo/ees. As used herein, a Wmana!erial em lo/eeW shall mean one who is ,ested with owers or rero!ati,es to la/ down and e0ecute mana!ement olicies andBor to hire, trans&er, sus end, la/-o&&, recall, dischar!e, assi!n, or disci line em lo/ees or to e&&ecti,el/ recommend such mana!erial actions. All em lo/ees not &allin! within this de&inition shall be considered ran1-and-&ile em lo/ees. SECT'+8 =. 5istribution o& ser,ice char!es. O All ser,ice char!es collected b/ co,ered em lo/ers shall be distributed at the rate o& $?P &or the em lo/ees and "?P &or the mana!ement. The $?P shall be distributed e>uall/ amon! the co,ered em lo/ees. The "?P shall be &or the dis osition b/ mana!ement to answer &or losses and brea1a!es and distribution to mana!erial em lo/ees at the discretion o& the mana!ement in the latter case. SECT'+8 @. Jre>uenc/ o& distribution. O The shares re&erred to herein shall be distributed and aid to the em lo/ees not less than once e,er/ two (4) wee1s or twice a month at inter,als not e0ceedin! si0teen ("A) da/s. SECT'+8 ?. 'nte!ration o& ser,ice char!es. O 'n case the ser,ice char!es is abolished the share o& co,ered em lo/ees shall be considered inte!rated in their wa!es. The basis o& the amount to be inte!rated shall be the a,era!e monthl/ share o& each em lo/ee &or the ast twel,e ("4) months immediatel/ recedin! the abolition o& withdrawal o& such char!es. SECT'+8 A. (elation to a!reements. O 8othin! in this (ule shall re,ent the em lo/er and his em lo/ees &rom enterin! into an/ a!reement with terms more &a,orable to the em lo/ees than those ro,ided herein, or be used to diminish an/ bene&it 5uman B Labor ' B Pro&. Battad B Pa!e #4
,d1
Section .>. eview Committee % A special review committee comprised of members from the SA , !+, e1E3, I(), C+E , TES A, N+A, !(E 4n3 ot0er re74te3 9o.ern6ent 49encie& and nongovernment organi(ations or civil society involved in the implementation of the provisions of the Act shall be created and headed by the 2SA2 for the purpose of evaluating the efficacy and relevancy of the provisions of the Act to the present situation. The duties and responsibilities of the members of this eview Committee shall be considered as part of their regular functions. A T!C"# D!! C!+A" 5 'D!S!'+S Section .8. Appropriations % The amount necessary to carry out the provisions of the Act shall be included in the budget of concerned government agencies in the :eneral Appropriations Act of the year following its enactment into law and thereafter. Section 47. epealing Clause % All laws, decrees, e*ecutive orders, administrative orders or parts thereof inconsistent with the provisions of the Act are hereby repealed, amended or modified accordingly. Section 4-. Separability Clause % !f any provision of the Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect. Section 4.. #ffectivity Clause % These !mplementing ules and egulations shall ta)e effect fifteen ,-/1 days following its publication in one ,-1 national newspaper of general circulation.
%. Ser,ice Char!es (e&erence7 Art. #A; +mnibus (ules, Boo1 ''', (ule 9'

!ranted to the em lo/ees under e0istin! laws, a!reement and ,oluntar/ em lo/er ractice. SECT'+8 %. This rule shall be without re3udice to e0istin!, &uture collecti,e bar!ainin! a!reements. 8othin! in this rule shall be construed to 3usti&/ the reduction or diminution o& an/ bene&it bein! en3o/ed b/ an/ em lo/ee at the time o& e&&ecti,it/ o& this rule. a. b. Co,ered Em lo/ees, Art. #A Sharin!, Art. #A
5uman B Labor ' B Pro&. Battad B Pa!e #=

G. )$n$,&, Wa'es an" Wa'e F$*$n' )ac($ner5 (e&erence7 9''-9''' Art. #A; +mnibus (ules, Boo1 ''', (ules considered Enter risesW; as W8on-Plantation A!ricultural
A(T. ##. ,egional minimum &ages. - The minimum wa!e rates &or a!ricultural and non-a!ricultural em lo/ees and wor1ers in each and e,er/ re!ion o& the countr/ shall be those rescribed b/ the (e!ional Tri artite 2a!es and Producti,it/ Boards. (As amended b/ Section =, (e ublic Act 8o. A%4%, June #, "#$#). Art <''', Section =. The State shall a&&ord &ull rotection to labor, local and o,erseas, or!anized and unor!anized, and romote &ull em lo/ment and e>ualit/ o& em lo/ment o ortunities &or all. 't shall !uarantee the ri!hts o& all wor1ers to sel&or!anization, collecti,e bar!ainin! and ne!otiations, and eace&ul concerted acti,ities, includin! the ri!ht to stri1e in accordance with law. The/ shall be entitled to securit/ o& tenure, humane conditions o& wor1, and a li,in! wa!e. The/ shall also artici ate in olic/ and decision-ma1in! rocesses a&&ectin! their ri!hts and bene&its as ma/ be ro,ided b/ law. The State shall romote the rinci le o& shared res onsibilit/ between wor1ers and em lo/ers and the re&erential use o& ,oluntar/ modes in settlin! dis utes, includin! conciliation, and shall en&orce their mutual com liance therewith to &oster industrial eace. The State shall re!ulate the relations between wor1ers and em lo/ers, reco!nizin! the ri!ht o& labor to its 3ust share in the &ruits o& roduction and the ri!ht o& enter rises to reasonable returns to in,estments, and to e0 ansion and !rowth.
&) W(etail EstablishmentW is one rinci all/ en!a!ed in the sale o& !oods to end-users &or ersonal or household use; !) WSer,ice EstablishmentW is one rimaril/ en!a!ed in the sale o& ser,ice to indi,iduals &or their own or household use and is !enerall/ reco!nized as such; h) WCotta!eB*andicra&t EstablishmentW is one en!a!ed in an economic endea,or in which the roducts are rimaril/ done in the home or such other laces &or ro&it which re>uires manual de0terit/ and cra&tsmanshi and whose ca italization does not e0ceed P?::,:::, re!ardless o& re,ious re!istration with the de&unct 8AC'5A; i) W8ational Ca ital (e!ionW co,ers the cities o& Qaloo1an, Canila, Pasa/ and Luezon and the munici alities o& Las PiSas, Ca1ati, Calabon, Candalu/on!, Cari1ina, Cuntinlu a, 8a,otas, ParaSa>ue, Pasi!, Pateros, San Juan, Ta!ui! and 9alenzuela; 3) W(e!ion '''W co,ers the ro,inces o& Bataan, Bulacan, 8ue,a Eci3a, Pam an!a, Tarlac, and Vambales and the cities o& An!eles, Cabanatuan, +lon!a o, Pala/an and San Jose; 1) W(e!ion '9W co,ers the ro,inces o& Aurora, Batan!as, Ca,ite, La!una, Carindu>ue, +ccidental Cindoro, Palawan, Luezon, (izal and (omblon and the cities o& Batan!as, Ca,ite, Li a, Lucena, Puerto Princesa, San Pablo, Ta!a/ta/ and Trece Cartires; l) W5e artmentW re&ers to the 5e artment o& Labor and Em lo/ment;
(KLE 9'' 2a!es SECT'+8 ". 5e&inition o& Terms. As used in this (ules O a) WActW means (e ublic Act 8o. A%4%; b) WCommissionW means the 8ational 2a!es and Producti,it/ Commission; c) WBoardW means the (e!ional Tri artite 2a!es and Producti,it/ Board; d) WA!ricultureW re&ers to all &armin! acti,ities in all its branches and includes amon! others, the culti,ation and tilla!e o& the soil, roduction, culti,ation, !rowin! and har,estin! o& an/ a!ricultural or horticultural commodities, dair/in!, raisin! o& li,estoc1 or oultr/, the culture o& &ish and other a>uatic roducts in &arms or onds, and an/ acti,ities er&ormed b/ a &armer or on a &arm as an incident to or in con3unction with such &armin! o erations, but does not include the manu&acturin! andBor rocessin! o& su!ar, coconut, abaca, tobacco, inea le, a>uatic or other &arm roducts; e) WPlantation A!ricultural Enter riseW is one en!a!ed in a!riculture within an area o& more than 4@ hectares in a localit/ andBor which em lo/s at least 4: wor1ers. An/ other a!ricultural enter rise shall be
m) WSecretar/W means the Secretar/ o& Labor and Em lo/ment; n) WBasic 2a!eW means all remuneration or earnin!s aid b/ an em lo/er to a wor1er &or ser,ices rendered on normal wor1in! da/s and hours but does not include cost-o&-li,in! allowances, ro&it sharin! a/ments, remium a/ments, "=th month a/ or other monetar/ bene&its which are not considered as art o& or inte!rated into the re!ular salar/ o& the wor1ers on the date the Act became e&&ecti,e.W o) WStatutor/ Cinimum 2a!eW is the lowest wa!e &i0ed b/ law that an em lo/er can a/ his wor1ers; ) W2a!e 5istortionW means a situation where an increase in rescribed wa!e rates results in the elimination or se,ere contraction o& intentional >uantitati,e di&&erences in wa!e or salar/ rates between and amon! em lo/ee !rou s in an establishment as to e&&ecti,el/ obliterate the distinctions embodied in such wa!e structure based on s1ills, len!th o& ser,ice, or other lo!ical bases o& di&&erentiation; >) WCa italizationW means aid-u ca ital, in the case o& a cor oration, and total in,ested ca ital, in the case o& a artnershi or sin!le ro rietorshi . C*APTE( ' 2a!e 'ncrease 5uman B Labor ' B Pro&. Battad B Pa!e #@

SECT'+8 ". Co,era!e. O The wa!e increase rescribed under the Act shall a l/ to all wor1ers and em lo/ees in the ri,ate sector re!ardless o& their osition, desi!nation or status, and irres ecti,e o& the method b/ which their wa!es are aid, e0ce t7 a) *ousehold or domestic hel ers, includin! &amil/ dri,ers and wor1ers in the ersonal ser,ice o& another; b) 2or1ers and em lo/ees in retailBser,ice establishments re!ularl/ em lo/in! not more than ": wor1ers, when e0em ted &rom com liance with the Act, &or a eriod &i0ed b/ the CommissionBBoards in accordance with Section @ (c) o& the Act and Section "?, Cha ter " o& these (ules; c) 2or1ers and em lo/ees in new business enter rises outside the 8ational Ca ital (e!ion and e0 ort rocessin! zones &or a eriod o& not more than two or three /ears, as the case ma/ be, &rom the start o& o erations when e0em ted in accordance with Section ? o& the Act and Section "?, Cha ter ' o& these (ules; d) 2or1ers and em lo/ees recei,in! a basic wa!e o& more than P"::.:: er da/. SECT'+8 4. E&&ecti,it/. O The Act ta1es e&&ect on Jul/ ", "#$#, "? da/s &ollowin! its com lete ublication in two news a ers o& !eneral circulation on June "?, "#$# ursuant to Section "? thereo&. SECT'+8 =. Amount o& Cinimum 2a!e 'ncrease. O E&&ecti,e Jul/ ", "#$#, the dail/ statutor/ minimum wa!e rates o& co,ered wor1ers and em lo/ees shall be increased as &ollows7 a) P4?.:: &or those in the 8ational Ca ital (e!ion; b) P4?.:: &or those outside the 8ational Ca ital (e!ion, e0ce t &or the &ollowin!7 P4:.:: &or those in lantation a!ricultural enter rises with an annual !ross sales o& less than P? million in the &iscal /ear immediatel/ recedin! the e&&ecti,it/ o& the Act; P"?.:: &or those in the &ollowin! enter rises7 ". 8on- lantation a!riculture 4. Cotta!eBhandicra&t =. (etailBSer,ice re!ularl/ em lo/in! not more than ": wor1ers @. Business enter rises with a ca italization o& not more than P?::,::: and em lo/in! not more than 4: wor1ers. SECT'+8 @. 2hen 2a!e 'ncrease 5ue +ther 2or1ers. O a) All wor1ers and em lo/ees who, rior to Jul/ ", "#$#, were alread/ recei,in! a basic wa!e abo,e the statutor/ minimum wa!e rates ro,ided under (e ublic Act AA@: but not o,er P"::.:: er da/ shall recei,e a wa!e increase e>ui,alent to that ro,ided in the recedin! Section. Cotta!eB*andicra&t Em lo/in! more wor1ers Em lo/in! =: wor1ers Pri,ate 2ith bed than ":: 2ith or less bed not than ?4.:: more ?:.:: =: %%.:: than %?.:: b) Those recei,in! not more than the &ollowin! monthl/ basic wa!e rates rior to Jul/ ", "#$# shall be deemed co,ered b/ the recedin! subsection7 (i) P=,4?%.?: O where the wor1ers and em lo/ees wor1 e,er/da/, includin! remium a/ments &or Sunda/s or rest da/s, s ecial da/s and re!ular holida/s. (ii) P=,:@".A% O where the wor1ers and em lo/ees do not wor1 but considered aid on rest da/s, s ecial da/s and re!ular holida/s. (iii) P4,A"A.A% O where the wor1ers and em lo/ees do not wor1 and are not considered aid on Sunda/s or rest da/s. (i,) P4,"$=.== O where the wor1ers and em lo/ees do not wor1 and are not considered aid on Saturda/s and Sunda/s or rest da/s. c) 2or1ers and em lo/ees who, rior to Jul/ ", "#$#, were recei,in! a basic wa!e o& more than P"::.:: er da/ or its monthl/ e>ui,alent, are not b/ law entitled to the wa!e increase ro,ided under the Act. The/ ma/ howe,er, recei,e wa!e increases throu!h the correction o& wa!e distortions in accordance with Section "A, Cha ter ' o& these (ules. SECT'+8 ?. 5ail/ Statutor/ Cinimum 2a!e (ates. O The dail/ minimum wa!e rates o& wor1ers and em lo/ees shall be as &ollows7 SectorB'ndustr/ Knder Knder (. A. AA@: (. A. A%4% (E&&ecti,e (E&&ecti,e 5ec. "@, Jul/ ", "#$%) "#$#)
A. 8AT'+8AL CAP'TAL (E.'+8 8on-A!riculture A!riculture Plantation 8on-Plantation PA@.:: P$#.::
?@.:: @=.?:
%#.:: A$.?:
*os itals ca acit/ o& A@.:: ca acit/ o& A:.::
more $#.:: ":: $?.::
(etailBSer,ice Em lo/in! wor1ers Em lo/in! wor1ers
more
than A@.:: to A:.::
"? $#.:: "? $?.::
""
5uman B Labor ' B Pro&. Battad B Pa!e #?

Em lo/in! ": wor1ers not more @=.:: than A$.:: Em lo/in! "? wor1ers %#.:: more than A@.::
B. +KTS'5E 8AT'+8AL CAP'TAL (E.'+8 8on-A!riculture A!riculture Plantation with sales o& P?C or more Plantation with sales o& less than P?C 8on- lantation Cotta!eB*andicra&t Em lo/in! =: wor1ers Em lo/in! than =: wor1ers Pri,ate *os itals (etailBSer,ice Cities wB than "?:,::: Em lo/in! "? wor1ers A@.:: $#.::
Em lo/in! "" to "? wor1ers Cunici alities wB o ulation than "?:,::: Em lo/in! wor1ers %?.:: more and o&
A:.:: Cities more
%?.::
not
annual ?@.:: annual ?@.:: @=.?:
!ross %#.:: !ross %@.:: ?$.?:
than
": A:.::
more
?4.::
than A%.:: more A?.:: $?.::
SECT'+8 A. Su!!ested Jormula in 5eterminin! the E>ui,alent Conthl/ Statutor/ Cinimum 2a!e (ates. O 2ithout re3udice to e0istin! com an/ ractices, a!reements or olicies, the &ollowin! &ormula ma/ be used as !uides in determinin! the e>ui,alent monthl/ statutor/ minimum wa!e rates7 a) Jor those who are re>uired to wor1 e,er/da/ includin! Sunda/s or rest da/s, s ecial da/s and re!ular holida/s7 E>ui,alent A da/s licable dail/ wa!e rate (A5() 0 =#:.#:
not
?:.:: A:.::
o ulation
o&
more
Conthl/ X OOOOOOOOOOOOOOOOOOO (ate (EC() "4 2here =#:.#: da/s X
more
A@.::
than $#.:: $?.::
Em lo/in! "" to "? wor1ers A:.:: Em lo/in! ": wor1ers Su!ar Cills A!riculture Plantation wB sales o& P?C or more Plantation wB sales o& less than P?C 8on- lantation annual @$.?: annual @$.?: @=.?: not more @=.::
=:4 da/s +rdinar/ wor1in! da/s than ?$.:: 4: da/s ": re!ular holida/s 0 4::P AA.=: da/s ?" rest da/s 0 "=:P 4.A: da/s 4 s ecial da/s 0 "=:P !ross %=.?: !ross A$.?: ?$.?: =#:.#: da/s Total e>ui,alent number o& da/s. b) Jor those who do not wor1 but considered rest da/s, s ecial da/s and re!ular holida/s7 A5( 0 =A? da/s EC( X OOOOOOOO "4 2here =A? da/s X =:4 da/s +rdinar/ wor1in! da/s ?" da/s (est da/s ": da/s (e!ular holida/s A:.:: %?.:: 4 da/s S ecial da/s =A? da/s Total e>ui,alent number o& da/s c) Jor those who do not wor1 and are not considered aid on Sunda/s or rest da/s7 5uman B Labor ' B Pro&. Battad B Pa!e #A aid on
Business Enter rises wB Ca italization o& not more than P?::,::: and em lo/in! not more than 4: wor1ers 8on-A!riculture A@.:: %#.:: A!riculture Plantation Products +ther than Su!ar ?@.:: Su!ar A=.?: Pri,ate *os itals (etailBSer,ice Cities wB than "?:,:::
A#.:: @$.?:
o ulation
o&
more

A5( 0 ="@ da/s EC( X OOOOOOO "4 2here ="@ da/s X =:4 da/s +rdinar/ wor1in! da/s ": da/s (e!ular holida/s 4 da/s S ecial da/s ('& considered aid; '& actuall/ wor1ed, this is e>ui,alent to 4.A da/s) ="@ da/s Total e>ui,alent number o& da/s d) Jor those who do not wor1 and are not considered aid on Saturda/s or rest da/s7 A5( 0 4A4 da/s EC( X OOOOOOO "4 2here 4A4 da/s X 4?: da/s +rdinar/ wor1in! da/s ": da/s (e!ular holida/s 4 da/s S ecial da/s ('& considered aid; '& actuall/ wor1ed, this is e>ui,alent to 4.A da/s) 4A4 da/s Total e>ui,alent number o& da/s (ote/ For &or'ers &hose rest da s fall on Sunda s, the num"er of rest da s in a ear is reduced from 01 to 02 da s, the last Sunda of August "eing a regular holida under Executi#e *rder (o. 132. For purposes of computation, said holida , although still a rest da for them, is included in the ten regular holida s. For &or'ers &hose rest da s do not fall on Sunda s, the num"er of rest da s is 01 da s, as there are 01 &ee's in a ear. 8othin! herein shall be considered as authorizin! the reduction o& bene&its !ranted under e0istin! a!reements or em lo/er racticesB olicies. SECT'+8 %. Basis o& Cinimum 2a!es (ates. O The statutor/ minimum wa!e rules rescribed under the Act shall be &or the normal wor1in! hours, which shall not e0ceed ei!ht hours wor1 a da/. SECT'+8 $. Creditable 2a!e 'ncrease. O a) 8o wa!e increase shall be credited as com liance with the increases rescribed under the Act unless e0 ressl/ ro,ided under collecti,e bar!ainin! a!reements; and, such wa!e increase was !ranted not earlier than A ril ", "#$# but not later than Jul/ =) E0istin! rateB iece 6 increase in rateB iece X Ad3usted rateB iece. 2here AC2 is the a licable minimum wa!e rate. ", "#$#. 2here the wa!e increase !ranted is less than the rescribed increase under the Act, the em lo/er shall a/ the di&&erence. b) Anni,ersar/ wa!e increase ro,ided a!reements, merit wa!e increase, resultin! &rom the re!ularization or em lo/ees shall not be credited as thereto. SECT'+8 #. 2or1ers Paid b/ (esults. O a) All wor1ers aid b/ results, includin! those who are aid on iecewor1, ta1a/, a1/aw, or tas1 basis, shall recei,e not less than the a licable statutor/ minimum wa!e rates rescribed under the Act &or the normal wor1in! hours which shall not e0ceed ei!ht hours wor1 a da/, or a ro ortion thereo& &or wor1 o& less than the normal wor1in! hours. The ad3usted minimum wa!e rates &or wor1ers aid b/ results shall be com uted in accordance with the &ollowin! ste s7 ") Amount o& increase in AC2 - Pre,ious AC2 0 ":: X P 'ncrease; 4) E0istin! rateB iece 0 P increase X increase in rateB iece; in collecti,e and those romotion o& com liance
b) The wa!e rates o& wor1ers who are aid b/ results shall continue to be established in accordance with Article ":" o& the Labor Code, as amended and its im lementin! re!ulations. SECT'+8 ":. 2a!es o& S ecial .rou s o& 2or1ers. O 2a!es o& a rentices, learners and handica ed wor1ers shall in no case be less than %? ercent o& the a licable statutor/ minimum wa!e rates. All reco!nized learnershi and a renticeshi a!reements entered into be&ore Jul/ ", "#$# shall be considered as automaticall/ modi&ied inso&ar as their wa!e clauses are concerned to re&lect the increases rescribed under the Act. SECT'+8 "". A lication to Contractors. O 'n the case o& contracts &or construction ro3ects and &or securit/, 3anitorial and similar ser,ices, the rescribed wa!e increases shall be borne b/ the rinci als or clients o& the constructionBser,ice contractors and the contract shall be deemed amended accordin!l/. 'n the e,ent, howe,er, that the rinci al or client &ails to a/ the rescribed wa!e rates, the constructionBser,ice contractor shall be 3ointl/ and se,erall/ liable with his rinci al or client. SECT'+8 "4. A lication to Pri,ate Educational 'nstitution. O Pri,ate educational institutions which increased tuition &ees be!innin! school /ear "#$#"##: shall com l/ with the P4?.:: er da/ wa!e increase rescribed under the Act e&&ecti,e as &ollows7
5uman B Labor ' B Pro&. Battad B Pa!e #%

a) 'n cases where the tuition &ee increase was e&&ected be&ore the e&&ecti,it/ o& the Act, the wa!e increase shall ta1e e&&ect onl/ Jul/ ", "#$#. b) 'n cases where the tuition &ee increase was e&&ected on or a&ter the e&&ecti,it/ o& the Act, the wa!e increase shall ta1e e&&ect not later than the date the school actuall/ increased tuition but in the latter case, such wa!e increase ma/ not be made retroacti,e in Jul/ ", "#$#. Be!innin! school /ear "##:-"##", all schools shall im lement the wa!e increase re!ardless o& whether or not the/ ha,e actuall/ increased tuition &ees. SECT'+8 "=. Cobile and Branch 2or1ers. O The statutor/ minimum wa!e rates o& wor1ers, who b/ the nature o& their wor1 ha,e to tra,el, shall be those a licable in the domicile or head o&&ice o& the em lo/er. The minimum wa!e rates o& wor1ers wor1in! in branches or a!encies o& establishments in or outside the 8ational Ca ital (e!ion shall be those a licable in the lace where the/ are stationed. SECT'+8 "@. Trans&er o& Personnel. O The trans&er o& ersonnel to areas outside the 8ational Ca ital (e!ion shall not be a ,alid !round &or the reduction o& the wa!e rates bein! en3o/ed b/ the wor1ers rior to such trans&er. The wor1ers trans&erred to the 8ational Ca ital (e!ion shall be entitled to the minimum wa!e rate a licable therein. SECT'+8 "?. E0em tions. O a) The &ollowin! establishments ma/ be e0em ted &rom com liance with the wa!e increase rescribed under the Act7 ") (etailBSer,ice establishments re!ularl/ em lo/in! not more than ": wor1ers u on a lication with and as determined b/ the a ro riate Board in accordance with a licable !uidelines to be issued b/ the Commission. 4) 8ew business enter rises that ma/ be established outside the 8ational Ca ital (e!ion and e0 ort rocessin! zones &rom Jul/ ", "#$# to June =:, "##=, whose o eration or in,estments need initial assistance ma/ be e0em ted &or not more than three /ears &rom the start o& o erations, sub3ect to !uidelines to be issued b/ the Secretar/ in consultation with the 5e artment o& Trade and 'ndustr/ and the 5e artment o& A!riculture. 8ew business enter rises in (e!ion ''' (Central Luzon) and (e!ion '9 (Southern Ta!alo!) ma/ be e0em ted &or two /ears onl/ &rom start o& o erations, e0ce t those that ma/ be established in the ro,inces o& Palawan, +riental Cindoro, +ccidental Cindoro, Carindu>ue, (omblon, Luezon and Aurora, which ma/ also be e0em ted &or not more than three /ears &rom the start o& o erations. b) 2hene,er an a lication &or e0em tion has been dul/ &iled with the a ro riate o&&ice in the 5e artmentBBoard, action b/ the (e!ional +&&ice o& the 5e artment on an/ com laints &or alle!ed noncom liance with the Act shall be de&erred endin! resolution o& the a licant &or e0em tion. c) 'n the e,ent that the a lication &or e0em tion is not !ranted, the wor1ers and em lo/ees shall recei,e the a ro riate com ensation due them as ro,ided &or under the Act lus interest o& one ercent er month retroacti,e to Jul/ ", "#$# or the start o& o erations whiche,er is a licable. SECT'+8 "A. E&&ects on E0istin! 2a!e Structure. O 2here the a lication o& the wa!e increase rescribed herein results in distortions in the wa!e structure within an establishment which !i,es rise to a dis ute therein, such dis ute shall &irst be settled ,oluntaril/ between the arties. 'n the e,ent o& a deadloc1, such dis ute shall be &inall/ resol,ed throu!h com ulsor/ arbitration b/ the re!ional arbitration branch o& the 8ational Labor (elations Commission (8L(C) ha,in! 3urisdiction o,er the wor1 lace. The 8L(C shall conduct continuous hearin!s and decide an/ dis ute arisin! &rom wa!e distortions within twent/ calendar da/s &rom the time said dis ute is &ormall/ submitted to it &or arbitration. The endenc/ o& a dis ute arisin! &rom a wa!e distortion shall not in an/ wa/ dela/ the a licabilit/ o& the increases in the wa!e rates rescribed under the Act. An/ issue in,ol,in! wa!e distortion shall not be a !round &or a stri1eBloc1out. SECT'+8 "%. Com laints &or 8on-Com liance. O Com laints &or non-com liance with the wa!e increases rescribed under the Act shall be &iled with the (e!ional +&&ices o& the 5e artment ha,in! 3urisdiction o,er the wor1 lace and shall be the sub3ect o& en&orcement roceedin!s under Articles "4$ and "4# o& the Labor Code, as amended. SECT'+8 "$. Conduct o& ins ection b/ the 5e artment. O The 5e artment shall conduct ins ections o& establishments, as o&ten as necessar/, to determine whether the wor1ers are aid the rescribed wa!e rates and other bene&its !ranted b/ law or an/ 2a!e +rder. 'n the conduct o& ins ection in unionized com anies, 5e artment ins ectors shall alwa/s be accom anied b/ the resident or other res onsible o&&icer o& the reco!nized bar!ainin! unit or o& an/ interested union. 'n the case o& nonunionized establishments, a wor1er re resentin! the wor1ers in the said com an/ shall accom an/ the ins ector. The wor1erUs re resentati,e shall ha,e the ri!ht to submit his own &indin!s to the 5e artment and to testi&/ on the same i& he does not concur with the &indin!s o& the labor ins ector. SECT'+8 "#. Pa/ment o& 2a!es. O K on written etition o& the ma3orit/ o& the wor1ers and em lo/ees concerned, all ri,ate establishments, com anies, businesses and other entities with at least twent/ wor1ers and located within one 1ilometer radius to a commercial, sa,in!s or rural ban1, shall a/ the wa!es and other bene&its o& their wor1ers throu!h an/ o& said ban1s, within the eriod and in the manner and &orm rescribed under the Labor Code as amended. SECT'+8 4:. 5ut/ o& Ban1. O 2hene,er a licable and u on re>uest o& concerned wor1er or union, the ban1 throu!h which wa!es and other bene&its are aid issue a certi&ication o& the record o& a/ment o& said wa!es and bene&its o& a articular wor1er or wor1ers &or a articular a/roll eriod. 5uman B Labor ' B Pro&. Battad B Pa!e #$

C*APTE( '' The 8ational 2a!es and Producti,it/ Commission and (e!ional Tri artite 2a!es and Producti,it/ Boards SECT'+8 ". Commission. O The 8ational 2a!es and Producti,it/ Commission created under the Act shall hold o&&ice in the 8ational Ca ital (e!ion. The Commission shall be attached to the 5e artment &or olic/ and ro!ram coordination. SECT'+8 4. Powers and Junctions o& the Commission. O The Commission shall ha,e the &ollowin! owers and &unctions7 a) To act as the national consultati,e and ad,isor/ bod/ to the President o& the Phili ines and Con!ress on matters relatin! to wa!es, incomes and roducti,it/; b) To &ormulate olicies and !uidelines on wa!es, incomes and roducti,it/ im ro,ement at the enter rise, industr/ and national le,els; c) To rescribe rules and !uidelines &or the determination o& a ro riate minimum wa!e and roducti,it/ measures at the re!ional, ro,incial or industr/ le,els; d) To re,iew re!ional wa!e le,els set b/ the (e!ional Tri artite 2a!es and Producti,it/ Board to determine i& these are in accordance with rescribed !uidelines and national de,elo ment lans; e) To underta1e studies, researches and sur,e/s necessar/ &or the attainment o& its &unctions and ob3ecti,es, and to collect and com ile data and eriodicall/ disseminate in&ormation on wa!es and roducti,it/ and other related in&ormation, includin!, but not limited to, em lo/ment, cost-o&-li,in!, labor costs, in,estments and returns; &) To re,iew lans and ro!rams o& the (e!ional Tri artite 2a!es and Producti,it/ Boards to determine whether these are consistent with national de,elo ment lans; !) To e0ercise technical and administrati,e su er,ision o,er the (e!ional Tri artite 2a!es and Producti,it/ Boards; h) To call, &rom time to time, a national tri artite con&erence o& re resentati,es o& !o,ernment, wor1ers and em lo/ers &or the consideration o& measures to romote wa!e rationalization and roducti,it/; and i) To e0ercise such owers and &unctions as ma/ be necessar/ to im lement this Act. SECT'+8 =. Com osition o& the Commission. O The Commission shall be com osed o& the Secretar/ as e0-o&&icio Chairman, the 5irector .eneral o& the 8ational Economic and 5e,elo ment Authorit/ (8E5A) as e0-o&&icio 9ice-Chairman and two members each &rom wor1ers and em lo/ers sectors who shall be a ointed b/ the President &or a term o& &i,e /ears u on recommendation o& the Secretar/. The recommendees shall be selected &rom the lists o& nominees submitted b/ the wor1ersU and em lo/ersU sectors. The E0ecuti,e 5irector o& the Commission Secretariat shall Commission. be also a member o& the
The members o& the Commission re resentin! labor and mana!ement shall ha,e the same ran1, emoluments, allowances and other bene&its as those rescribed b/ law &or labor and mana!ement re resentati,es in the Em lo/eesU Com ensation Commission. SECT'+8 @. Commission Secretariat. O The Commission shall be assisted b/ a Secretariat to be headed b/ an E0ecuti,e 5irector and two 5e ut/ 5irectors who shall be a ointed b/ the President u on recommendation o& the Secretar/. The E0ecuti,e 5irector shall ha,e the ran1 o& a 5e artment Assistant Secretar/, while the 5e ut/ 5irectors that o& a Bureau 5irector. The E0ecuti,e 5irector and 5e ut/ 5irectors shall recei,e the corres ondin! salar/, bene&its and other emoluments o& the ositions. SECT'+8 ?. (e!ional Tri artite 2a!es and Producti,it/ Boards. O The (e!ional 2a!es and Producti,it/ Boards created under the Act in all re!ions, includin! autonomous re!ions as ma/ be established b/ law, shall hold o&&ices in areas where the (e!ional +&&ices o& the 5e artment are located. SECT'+8 A. Powers and Junctions o& the Boards. O The Boards shall ha,e the &ollowin! owers and &unctions7 a) To de,elo lans, ro!rams and ro3ects relati,e to wa!es, incomes and roducti,it/ im ro,ement &or their res ecti,e re!ions; b) To determine and &i0 minimum wa!e rates a licable in their re!ion, ro,inces or industries therein and to issue the corres ondin! wa!e orders, sub3ect to !uidelines issued b/ the Commission; c) To underta1e studies, researches, and sur,e/s necessar/ &or the attainment o& their &unctions, ob3ecti,es and ro!rams, and to collect and com ile data on wa!es, incomes, roducti,it/ and other related in&ormation and eriodicall/ disseminate the same; d) To coordinate with the other Boards as ma/ be necessar/ to attain the olic/ and intention o& the Labor Code; e) To recei,e, rocess and act on a lications &or e0em tion &rom rescribed wa!e rates as ma/ be ro,ided b/ law or an/ 2a!e +rder; and &) To e0ercise such other owers and &unctions as ma/ be necessar/ to carr/ out their mandate under the Labor Code. 'm lementation o& the lans, ro!rams and ro3ects o& the Boards shall be throu!h the res ecti,e (e!ional +&&ices o& the 5e artment, ro,ided, howe,er, that the Boards shall ha,e technical su er,ision o,er the (e!ional +&&ice o& the 5e artment with res ect to the im lementation o& these lans, ro!rams and ro3ects.
5uman B Labor ' B Pro&. Battad B Pa!e ##

SECT'+8 %. Com ositions o& the Boards. O Each Board shall be com osed o& the (e!ional 5irector o& the 5e artment as Chairman, the (e!ional 5irectors o& the 8ational Economic and 5e,elo ment Authorit/ (8E5A) and 5e artment o& Trade and 'ndustr/ (5T') as 9ice-Chairmen and two members each o& wor1ers and em lo/ers sectors who shall be a ointed b/ the President &or a term o& &i,e /ears u on the recommendation o& the Secretar/. The recommendees shall be selected &rom the list o& nominees submitted b/ the wor1ers and em lo/ers sectors. Each Board shall be assisted b/ a Secretariat. SECT'+8 $. Authorit/ to +r!anize and A oint Personnel. O The Chairman o& the Commission shall or!anize such units and a oint the necessar/ ersonnel o& the Commission and Board Secretaries, sub3ect to ertinent laws, rules and re!ulations. C*APTE( ''' Cinimum 2a!e 5etermination SECT'+8 ". (e!ional Cinimum 2a!es. O The minimum wa!e rates &or a!ricultural and nona!ricultural wor1ers and em lo/ees in e,er/ re!ion shall be those rescribed b/ the Boards which shall in no case be lower than the statutor/ minimum wa!e rates. These wa!e rates ma/ include wa!es b/ industr/, ro,ince or localit/ as ma/ be deemed necessar/ b/ the Boards. SECT'+8 4. StandardsBCriteria &or Cinimum 2a!e Ji0in!. O The re!ional minimum wa!es to be established b/ the Boards shall be as nearl/ ade>uate as is economicall/ &easible to maintain the minimum standards o& li,in! necessar/ &or the health, e&&icienc/ and !eneral well-bein! o& the wor1ers within the &ramewor1 o& the national economic and social de,elo ment ro!rams. 'n the determination o& re!ional minimum wa!es, the Boards, shall, amon! other rele,ant &actors, consider the &ollowin!7 a) The demand &or li,in! wa!es; b) 2a!e ad3ustment ,is-a-,is the consumer inde0; rice 3) The e>uitable distribution o& income and wealth alon! the im erati,es o& economic and social de,elo ment. SECT'+8 =. 2a!e +rder. O 2hene,er conditions in the re!ion so warrant, the Board shall in,esti!ate and stud/ all ertinent &acts; and, based on standards and criteria rescribed herein, shall determine whether a 2a!e +rder should be issued. 'n the er&ormance o& its wa!e determinin! &unctions, the Board shall conduct ublic hearin!s and consultations !i,in! notices to em lo/eesU and em lo/ersU !rou s, ro,incial, cit/ and munici al o&&icials and other interested arties. SECT'+8 @. E&&ecti,it/ o& 2a!e +rder. O An/ 2a!e +rder issued b/ the Board shall ta1e e&&ect "? da/s a&ter its com lete ublication in at least one news a er o& !eneral circulation in the re!ion. SECT'+8 ?. A eal to the Commission. O An/ art/ a!!rie,ed b/ the 2a!e +rder issued b/ the Board ma/ &ile an a eal with the Commission within ten calendar da/s &rom the ublication o& the +rder. The Commission shall decide the a eal within si0t/ calendar da/s &rom the date o& &ilin!. SECT'+8 A. E&&ect o& A eal. O The &ilin! o& the a eal shall not sus end the e&&ecti,it/ o& the 2a!e +rder unless the erson a ealin! such order &iles with the Commission an underta1in! with a suret/ or sureties in such amount as ma/ be &i0ed b/ the Commission. SECT'+8 %. 2a!e 5istortions. O 2here the a lication o& an/ wa!e increase resultin! &rom a 2a!e +rder issued b/ an/ Board results in distortions in the wa!e structure within an establishment, the em lo/er and the union shall ne!otiate to correct the distortions usin! the !rie,ance rocedure under their collecti,e bar!ainin! a!reement. '& it remains unresol,ed, it shall be decided throu!h ,oluntar/ arbitration ten calendar da/s &rom the time the dis ute was re&erred &or ,oluntar/ arbitration, unless otherwise a!reed b/ the arties in writin!. 2here there are no collecti,e a!reements or reco!nized labor unions, the em lo/er and wor1ers shall endea,or to correct the wa!e distortion. An/ dis ute arisin! there&rom shall be settled throu!h the 8ational Conciliation and Cediation Board and i& it remains unresol,ed a&ter ten calendar da/s o& conciliation, it shall be re&erred to the a ro riate branch o& the 8ational Labor (elations Commission (8L(C). The 8L(C shall conduct continuous hearin!s and decide the dis ute within twent/ calendar da/s &rom the time said dis ute is submitted &or com ulsor/ arbitration. The endenc/ o& a dis ute arisin! &rom a wa!e distortion shall not in an/ wa/ dela/ the a licabilit/ o& an/ wa!e increase rescribed ursuant to the ro,isions o& law or 2a!e +rder. SECT'+8 $. 8on-5iminution o& Bene&its. O 8othin! in the Act and in these (ules shall be construed to reduce an/ e0istin! laws, decrees, issuances, e0ecuti,e orders, andBor under an/ contract or a!reement between the wor1ers and em lo/ers.
c) The cost o& li,in! and chan!es or increases therein; d) The needs o& wor1ers and their &amilies; e) The need to induce industries to in,est in countr/side; &) 'm ro,ements in standards o& li,in!; !) The re,ailin! wa!e le,els; h) Jair return o& the ca ital in,ested and ca acit/ to a/ o& em lo/ers; i) E&&ects on em lo/ment !eneration and &amil/ income; and
5uman B Labor ' B Pro&. Battad B Pa!e "::

SECT'+8 #. Prohibition A!ainst 'n3unction. O 8o reliminar/ or ermanent in3unction or tem orar/ restrainin! order ma/ be issued b/ an/ court, tribunal or other entit/ a!ainst an/ roceedin!s be&ore the Commission or Boards. SECT'+8 ":. Penal Pro,isions. O An/ erson, cor oration trust, &irm, artnershi , association or entit/ which re&uses or &ails to a/ an/ o& the rescribed increases or ad3ustments in the wa!e rates made in accordance with the Act shall be unished b/ a &ine not e0ceedin! P4?,::: andBor im risonment o& not less than one /ear nor more than two /ears7 Pro,ided, that an/ erson con,icted under the Act shall not be entitled to the bene&its ro,ided &or under the Probation Law. '& the ,iolation is committed b/ a cor oration, trust or &irm, artnershi , association or an/ other entit/, the enalt/ o& im risonment shall be im osed u on the entit/Us res onsible o&&icers, includin!, but not limited to, the resident, ,ice- resident, chie& e0ecuti,e o&&icer, !eneral mana!er, mana!in! director or artner. SECT'+8 "". (e!istrationB(e ortin! (e>uirement. O An/ erson, com an/, cor oration, artnershi or an/ other entit/ en!a!ed in business shall submit annuall/ a ,eri&ied itemized listin! o& their labor com onent to the a ro riate Board and the 8ational Statistics +&&ice not later than Januar/ =" o& each /ear, startin! on Januar/ =", "##: in accordance with the &orm to be rescribed b/ the Commission. The listin! shall s eci&/ the names, salaries and wa!es o& their wor1ers and em lo/ees below the mana!erial le,el includin! learners, a rentices and disabledBhandica ed wor1ers. C*APTE( '9 Transitor/ Pro,isions SECT'+8 ". Abolition o& the 8ational 2a!es Council and the 8ational Producti,it/ Commission. O The 8ational 2a!es Council created under E0ecuti,e +rder 8o. A"@ and the 8ational Producti,it/ Commission created under E0ecuti,e +rder 8o. A"? are abolished. All ro erties, records, e>ui ment, buildin!s, &acilities, and other assets, liabilities and a ro riations o& and belon!in! to the abo,ementioned o&&ices, as well as other matters endin! herein, shall be trans&erred to the Commission. All ersonnel o& the abo,e abolished o&&ices shall continue to &unction in a hold-o,er ca acit/ and shall be re&erentiall/ considered &or a ointments to or lacements in the CommissionBBoards. An/ o&&icial or em lo/ee se arated &rom the ser,ice as a result o& the abolition o& o&&ices ursuant to the Act shall be entitled to a ro riate se aration a/ o& one month salar/ &or e,er/ /ear o& ser,ice andBor retirement and other bene&its accruin! to them under e0istin! laws. 'n lieu thereo&, at the o tion o& the em lo/ee, he shall be re&erentiall/ considered &or em lo/ment in the !o,ernment or in an/ o& its subdi,isions, instrumentalities, or a!encies, includin! !o,ernment owned or controlled cor orations and their subsidiaries. SECT'+8 4. 'nterim Processin! o& A lications &or E0em tion and Submission o& (e orts. O Pendin! the o erationalization o& the Commission and Boards, the 8ational 2a!es Council shall, in the interim, recei,e and rocess a lications &or e0em tion sub3ect to !uidelines to be issued b/ the Secretar/, in accordance with Section "" o& the Act. (e orts o& establishments on their labor com onent, includin! wa!es and salaries o& their wor1ers rescribed under the Act, shall be submitted to the 8ational 2a!es Council throu!h the (e!ional +&&ices o& the 5e artment. SECT'+8 =. Jundin! (e>uirement. O The &unds necessar/ to carr/ out the ro,isions o& the Act shall be ta1en &rom the Com ensation and +r!anization Ad3ustment Jund, the Contin!ent Jund, and other sa,in!s under (e ublic Act 8o. AA$$, otherwise 1nown as the .eneral A ro riations Act o& "#$#, or &rom an/ una ro riated &unds o& the 8ational Treasur/; Pro,ided, that the &undin! re>uirements necessar/ to im lement the Act shall be included in the annual .eneral A ro riations Act &or the succeedin! /ears. SECT'+8 @. (e ealin! Clause. O All laws, orders, issuances, rules and re!ulations or arts thereo& inconsistent with the ro,isions o& the Act and this (ules are hereb/ re ealed, amended or modi&ied accordin!l/. '& an/ ro,ision or art o& the Act and this (ules, or the a lication thereo& to an/ erson or circumstance is held in,alid or unconstitutional, the remainder o& the Act and these (ules or the a lication o& such ro,ision or art thereo& to other ersons or circumstance shall not be a&&ected thereb/. SECT'+8 ?. E&&ecti,it/. O These rules shall ta1e e&&ect on Jul/ ", "#$#. (KLE 9''' Pa/ment o& 2a!es SECT'+8 ". Canner o& wa!e a/ment. O As a !eneral rule, wa!es shall be aid in le!al tender and the use o& to1ens, romissor/ notes, ,ouchers, cou ons, or an/ other &orm alle!ed to re resent le!al tender is absolutel/ rohibited e,en when e0 ressl/ re>uested b/ the em lo/ee. SECT'+8 4. Pa/ment b/ chec1. O Pa/ment o& wa!es b/ ban1 chec1s, ostal chec1s or mone/ orders is allowed where such manner o& wa!e a/ment is customar/ on the date o& the e&&ecti,it/ o& the Code, where it is so sti ulated in a collecti,e a!reement, or where all o& the &ollowin! conditions are met7 (a) There is a ban1 or other &acilit/ &or encashment within a radius o& one (") 1ilometer &rom the wor1 lace; (b) The em lo/er or an/ o& his a!ents or re resentati,es does not recei,e an/ ecuniar/ bene&it directl/ or indirectl/ &rom the arran!ement; (c) The em lo/ees are !i,en reasonable time durin! ban1in! hours to withdraw their wa!es &rom the ban1 which time shall be considered as com ensable hours wor1ed i& done durin! wor1in! hours; and (d) The a/ment b/ chec1 is with the written consent o& the em lo/ees concerned i& there is no collecti,e a!reement authorizin! the a/ment o& wa!es b/ ban1 chec1s.
5uman B Labor ' B Pro&. Battad B Pa!e ":"

SECT'+8 =. Time o& a/ment. O (a) 2a!es shall be aid not less than once e,er/ two (4) wee1s or twice a month at inter,als not e0ceedin! si0teen ("A) da/s, unless a/ment cannot be made with such re!ularit/ due to &orce ma3eure or circumstances be/ond the em lo/erUs control in which case the em lo/er shall a/ the wa!es immediatel/ a&ter such &orce ma3eure or circumstances ha,e ceased. (b) 'n case o& a/ment o& wa!es b/ results in,ol,in! wor1 which cannot be &inished in two (4) wee1s, a/ment shall be made at inter,als not e0ceedin! si0teen da/s in ro ortion to the amount o& wor1 com leted. Jinal settlement shall be made immediatel/ u on com letion o& the wor1. SECT'+8 @. Place o& a/ment. O As a !eneral rule, the lace o& a/ment shall be at or near the lace o& underta1in!. Pa/ment in a lace other than the wor1 lace shall be ermissible onl/ under the &ollowin! circumstances7 (a) 2hen a/ment cannot be e&&ected at or near the lace o& wor1 b/ reason o& the deterioration o& eace and order conditions, or b/ reason o& actual or im endin! emer!encies caused b/ &ire, &lood, e idemic or other calamit/ renderin! a/ment thereat im ossible; (b) 2hen the em lo/er ro,ides &ree trans ortation to the em lo/ees bac1 and &orth; and (c) Knder an/ other analo!ous circumstances; Pro,ided, That the time s ent b/ the em lo/ees in collectin! their wa!es shall be considered as com ensable hours wor1ed; (d) 8o em lo/er shall a/ his em lo/ees in an/ bar, ni!ht or da/ club, drin1in! establishment, massa!e clinic, dance hall, or other similar laces or in laces where !ames are la/ed with sta1es o& mone/ or thin!s re resentin! mone/ e0ce t in the case o& ersons em lo/ed in said laces. SECT'+8 ?. 5irect a/ment o& wa!es. O Pa/ment o& wa!es shall be made direct to the em lo/ee entitled thereto e0ce t in the &ollowin! cases7 (a) 2here the em lo/er is authorized in writin! b/ the em lo/ee to a/ his wa!es to a member o& his &amil/; (b) 2here a/ment to another erson o& an/ art o& the em lo/eeUs wa!es is authorized b/ e0istin! law, includin! a/ments &or the insurance remiums o& the em lo/ee and union dues where the ri!ht to chec1-o&& has been reco!nized b/ the em lo/er in accordance with a collecti,e a!reement or authorized in writin! b/ the indi,idual em lo/ees concerned; or (c) 'n case o& death o& the em lo/ee as the succeedin! Section. ro,ided in be e0ecuted in his behal& b/ his natural !uardian or ne0t o& 1in. K on resentation o& the a&&ida,it to the em lo/er, he shall ma1e a/ment to the heirs as re resentati,e o& the Secretar/ o& Labor and Em lo/ment. SECT'+8 %. Ci,il liabilit/ o& em lo/er and contractors. O E,er/ em lo/er or indirect em lo/er shall be 3ointl/ and se,erall/ liable with his contractor or subcontractor &or the un aid wa!es o& the em lo/ees o& the latter. Such em lo/er or indirect em lo/er ma/ re>uire the contractor or sub-contractor to &urnish a bond e>ual to the cost o& labor under contract on condition that the bond will answer &or the wa!es due the em lo/ees should the contractor or subcontractor, as the case ma/ be, &ail to a/ the same. SECT'+8 $. Job Contractin!. contractin! ermissible under &ollowin! conditions are met7 O There is the Code i& 3ob the
(a) The contractor carries on an inde endent business and underta1es the contract wor1 on his own account under his own res onsibilit/ accordin! to his own manner and method, &ree &rom the control and direction o& his em lo/er or rinci al in all matters connected with the er&ormance o& the wor1 e0ce t as to the results thereo&; and (b) The contractor has substantial ca ital or in,estment in the &orm o& tools, e>ui ment, machineries, wor1 remises, and other materials which are necessar/ in the conduct o& his business. SECT'+8 #. Labor-onl/ contractin!. O (a) An/ erson who underta1es to su l/ wor1ers to an em lo/er shall be deemed to be en!a!ed in labor-onl/ contractin! where such erson7 (") 5oes not ha,e substantial ca ital or in,estment in the &orm o& tools, e>ui ment, machineries, wor1 remises and other materials; and (4) The wor1ers recruited and laced b/ such erson are er&ormin! acti,ities which are directl/ related to the rinci al business or o erations o& the em lo/er in which wor1ers are habituall/ em lo/ed. (b) Labor-onl/ contractin! as de&ined herein is hereb/ rohibited and the erson actin! as contractor shall be considered merel/ as an a!ent or intermediar/ o& the em lo/er who shall be res onsible to the wor1ers in the same manner and e0tent as i& the latter were directl/ em lo/ed b/ him. (c) Jor cases not &allin! under this (ule, the Secretar/ o& Labor and Em lo/ment shall determine throu!h a ro riate orders whether or not the contractin! out o& labor is ermissible in the li!ht o& the circumstances o& each case and a&ter considerin! the o eratin! needs o& the em lo/er and the ri!hts o& the wor1ers in,ol,ed. 'n such case, he ma/ rescribe conditions and restrictions to insure the rotection and wel&are o& the wor1ers. SECT'+8 ":. Pa/ment o& wa!es in case o& ban1ru tc/. O Kn aid wa!es earned b/ the em lo/ees be&ore the declaration o& ban1ru tc/ or 3udicial li>uidation o& the em lo/erUs business shall be !i,en &irst re&erence and shall be aid in &ull be&ore other creditors ma/ establish an/ claim to a share in the assets o& the em lo/er. 5uman B Labor ' B Pro&. Battad B Pa!e ":4
SECT'+8 A. 2a!es o& deceased em lo/ee. O The a/ment o& the wa!es o& a deceased em lo/ee shall be made to his heirs without the necessit/ o& intestate roceedin!s. 2hen the heirs are o& a!e, the/ shall e0ecute an a&&ida,it attestin! to their relationshi to the deceased and the &act that the/ are his heirs to the e0clusion o& all other ersons. 'n case an/ o& the heirs is a minor, such a&&ida,it shall

SECT'+8 "". Attorne/Us &ees. O Attorne/Us &ees in an/ 3udicial or administrati,e roceedin!s &or the reco,er/ o& wa!es shall not e0ceed ": ercent o& the amount awarded. The &ees ma/ be deducted &rom the total amount due the winnin! art/. SECT'+8 "4. 8on-inter&erence in dis osal o& wa!es. O 8o em lo/er shall limit or otherwise inter&ere with the &reedom o& an/ em lo/ee to dis ose o& his wa!es and no em lo/er shall in an/ manner obli!e an/ o& his em lo/ees to atronize an/ store or a,ail o& the ser,ices o&&ered b/ an/ erson. SECT'+8 "=. 2a!es deduction. O 5eductions &rom the wa!es o& the em lo/ees ma/ be made b/ the em lo/er in an/ o& the &ollowin! cases7 (a) 2hen the deductions are authorized b/ law, includin! deductions &or the insurance remiums ad,anced b/ the em lo/er in behal& o& the em lo/ee as well as union dues where the ri!ht to chec1-o&& has been reco!nized b/ the em lo/er or authorized in writin! b/ the indi,idual em lo/ee himsel&. (b) 2hen the deductions are with the written authorization o& the em lo/ees &or a/ment to the third erson and the em lo/er a!rees to do so; Pro,ided, That the latter does not recei,e an/ ecuniar/ bene&it, directl/ or indirectl/, &rom the transaction. SECT'+8 "@. 5eduction &or loss or dama!e. O 2here the em lo/er is en!a!ed in a trade, occu ation or business where the ractice o& ma1in! deductions or re>uirin! de osits is reco!nized to answer &or the reimbursement o& loss or dama!e to tools, materials, or e>ui ment su lied b/ the em lo/er to the em lo/ee, the em lo/er ma/ ma1e wa!e deductions or re>uire the em lo/ees to ma1e de osits &rom which deductions shall be made, sub3ect to the &ollowin! conditions7 (a) That the em lo/ee concerned is clearl/ shown to be res onsible &or the loss or dama!e; (b) That the em lo/ee is !i,en reasonable o ortunit/ to show cause wh/ deduction should not be made; (c) That the amount o& such deduction is &air and reasonable and shall not e0ceed the actual loss or dama!e; and (d) That the deduction &rom the wa!es o& the em lo/ee does not e0ceed 4: ercent o& the em lo/eeUs wa!es in a wee1. and unor!anized, and romote &ull em lo/ment and e>ualit/ o& em lo/ment o ortunities &or all. 't shall !uarantee the ri!hts o& all wor1ers to sel&or!anization, collecti,e bar!ainin! and ne!otiations, and eace&ul concerted acti,ities, includin! the ri!ht to stri1e in accordance with law. The/ shall be entitled to securit/ o& tenure, humane conditions o& wor1, and a li,in! wa!e. The/ shall also artici ate in olic/ and decision-ma1in! rocesses a&&ectin! their ri!hts and bene&its as ma/ be ro,ided b/ law. The State shall romote the rinci le o& shared res onsibilit/ between wor1ers and em lo/ers and the re&erential use o& ,oluntar/ modes in settlin! dis utes, includin! conciliation, and shall en&orce their mutual com liance therewith to &oster industrial eace. The State shall re!ulate the relations between wor1ers and em lo/ers, reco!nizin! the ri!ht o& labor to its 3ust share in the &ruits o& roduction and the ri!ht o& enter rises to reasonable returns to in,estments, and to e0 ansion and !rowth. a. Co,era!e, Arts. #% (b) (c) (e), #$
A(T. #%. %efinitions. - As used in this Title7 (b) $Emplo er$ includes an/ erson actin! directl/ or indirectl/ in the interest o& an em lo/er in relation to an em lo/ee and shall include the !o,ernment and all its branches, subdi,isions and instrumentalities, all !o,ernment-owned or controlled cor orations and institutions, as well as non- ro&it ri,ate institutions, or or!anizations. (c) $Emplo ee$ includes an/ indi,idual em lo/ed b/ an em lo/er. e) $Emplo $ includes to su&&er or ermit to wor1. A(T. #$. Application of 4itle. - This Title shall not a l/ to &arm tenanc/ or leasehold, domestic ser,ice and ersons wor1in! in their res ecti,e homes in needle wor1 or in an/ cotta!e industr/ dul/ re!istered in accordance with law. Phili ine Jisheries 5e,elo ment Authorit/ ,. 8L(C, 4"= SC(A A4" ("##4)
". Sec. =
Cinimum 2a!e, Art. ##; Consti., Art. <''', C'8'CKC 2A.E (ATES
A(T. ##. ,egional minimum &ages. - The minimum wa!e rates &or a!ricultural and non-a!ricultural em lo/ees and wor1ers in each and e,er/ re!ion o& the countr/ shall be those rescribed b/ the (e!ional Tri artite 2a!es and Producti,it/ Boards. (As amended b/ Section =, (e ublic Act 8o. A%4%, June #, "#$#). Art <''', Section =. The State shall a&&ord &ull rotection to labor, local and o,erseas, or!anized 5uman B Labor ' B Pro&. Battad B Pa!e ":=
b. ")
(ules 5e&inition Cha,ez ,. 8L(C, supra
@) Jorm7 Com ensation o& Ser,ices =:A ("##=)
A!reement
&or
Arms Ta0i ,. 8L(C, 4"# SC(A
4) 8o 2or1, 8o Pa/ (A &air da/Fs wa!e &or a &air da/Fs labor) A1lan Electric Cor ., 'nc. ,. 8L(C, =4= SC(A 4?# (4:::)
=)
E>ual Pa/ &or 2or1 o& E>ual 9alue
c. ") 2a!e ("##$)
Cinimum 2a!e 5etermination o& Com liance with Cinimum 'ran ,. 8L(C, 4$# SC(A @==
'nternational School Alliance o& Educators ,. Luisumbin!, supra
Ban1ard Em lo/ers Knion ,. 8L(C, @4= SC(A "@$ (4::@)
5uman B Labor ' B Pro&. Battad B Pa!e ":@
Su
4) Jacilities lementsBAllowances
and Boie Ta1eda ,. 5e la Serna, 44$ SC(A =4# ("##=)
SC(A ?:: ("###)
Cillares ,. 8L(C ) P'C+P, =:?
=) ("##:)
Cash 2a!eBCommission Son!co ,. 8L(C, "$= SC(A A":
Phili 4@" SC(A =$: ("##?)
ine 5u licators ,. 8L(C,
5uman B Labor ' B Pro&. Battad B Pa!e ":?

@) 5i&&erence .ratuit/ and Salar/B2a!es, 4. Plastic Town Center cor . 2a!e Ji0in! Cachiner/
,. 8L(C, "%4 SC(A ?$: ("#$#)
(e&erence7 2a!e (ationalization Act ((A A%4%); Art. "4:-"4%; +mnibus (ules, Boo1 ''', (ule '<
Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& $etro $4ni74 Second egular Session &egun and held in =etro =anila, on =onday, the twentyfifth day of @uly, nineteen hundred and eighty-eight MRE#",(IC ACT N!. 6727N A+ ACT T' AT!'+A"!P# AA:# 5'"!CI 2#T# =!+AT!'+ &I #STA&"!S9!+: T9# =#C9A+!S= A+2 5 '5# STA+2A 2S T9# #C' , A=#+2!+: C' T9# 5B 5'S# A T!C"# 88 'C, A+2 !+C' 5' AT!+: A T!C"#S -.7, -.-, -.., -.4, -.0, -.3 A+2 -.6 !+T', 5 #S!2#+T!A" 2#C ## +'. 00., AS A=#+2#2, 'T9# A!S# O+'A+ AS T9# "A&' C'2# 'C T9# 59!"!55!+#S, C!$!+: +#A AA:# AT#S, 5 'D!2!+: AA:# !+C#+T!D#S C' !+2BST !A" 2!S5# SA" T' T9# C'B+T IS!2#, A+2 C' 'T9# 5B 5'S#S &e it enacted by the Senate and 9ouse of epresentatives of the 5hilippines in Congress assembled; Sec. -. This Act shall be )nown as the MAage ationali(ation Act.M Sec. .. !t is hereby declared the policy of the State to rationali(e the fi*ing of minimum wages and to promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the wor)ers and their families< to guarantee the rights of labor to its just share in the fruits of production< to enhance employment generation in the countryside through industry dispersal< and to allow business and industry reasonable returns on investment, e*pansion and growth. The State shall promote collective bargaining as the primary mode of setting wages and other terms and conditions of employment< and, whenever necessary, the minimum wage rates shall be adjusted in a fair and equitable manner, considering e*isting regional disparities in the cost of living and other socio-economic factors and the national economic and social development plans. Sec. 4. !n line with the declared policy under this Act, Article 88 of 5residential 2ecree +o. 00., as amended, is hereby amended and Articles -.7, -.-, -.., -.4, -.0, -.3 and -.6 are hereby incorporated into 5residential 2ecree +o. 00., as amended, to read as follows; MArt. 88. egional =inimum Aages. - The minimum wage rates for agricultural and non-agricultural employees and wor)ers in each and every region of
5uman B Labor ' B Pro&. Battad B Pa!e ":A
?)
E&&ect on Bene&its
5a,ao Jruits Cor oration ,. Associated Labor Knion, 44? SC(A ?A4 ("##=)

the country shall be those prescribed by the Tripartite Aages and 5roductivity &oards.M egional appointed by the 5resident of the 5hilippines upon recommendation of the Secretary of "abor and #mployment to be made on the basis of the list of nominees submitted by the wor)ers and employers sectors, respectively, and who shall serve for a term of five ,/1 years. The #*ecutive 2irector of the Commission Secretariat shall also be a member of the Commission.M MThe Commission shall be assisted by a Secretariat to be headed by an #*ecutive 2irector and two ,.1 2eputy 2irectors, who shall be appointed by the 5resident of the 5hilippines, upon recommendation of the Secretary of "abor and #mployment.M MThe #*ecutive 2irector shall have the same ran), salary, benefits and other emoluments as that of a 2epartment Assistant Secretary, while the 2eputy 2irectors shall have the same ran), salary, benefits and other emoluments as that of a &ureau 2irector. The members of the Commission representing labor and management shall have the same ran), emoluments, allowances and other benefits as those prescribed by law for labor and management representatives in the #mployeesJ Compensation Commission.M MArt. -... Creation of egional Tripartite Aages and 5roductivity &oards. - There is hereby created egional Tripartite Aages and 5roductivity &oards, hereinafter referred to as egional &oards, in all regions, including autonomous regions as may be established by law. The Commission shall determine the officesHheadquarters of the respective egional &oards. MThe egional &oards shall have the following powers and functions in their respective territorial jurisdiction; ,a1 To develop plans, programs and projects relative to wages, incomes and productivity improvement for their respective regions< ,b1 To determine and fi* minimum wage rates applicable in their region, provinces or industries therein and to issue the corresponding wage orders, subject to guidelines issued by the Commission< ,c1 To underta)e studies, researches, and surveys necessary for the attainment of their functions, objectives and programs, and to collect and compile data on wages, incomes, productivity and other related information and periodically disseminate the same< ,d1 To coordinate with the other egional &oards as may be necessary to attain the policy and intention of this Code< ,e1 To receive, process and act on applications for e*emption from prescribed wage rates as may be provided by law or any Aage 'rder< and
MArt. -.7. Creation of the +ational Aages and 5roductivity Commission. - There is hereby created a +ational Aages and 5roductivity Commission, hereinafter referred to as the Commission, which shall be attached to the 2epartment of "abor and #mployment ,2'"#1 for policy and program coordination.M MArt. -.-. 5owers and Cunctions of the Commission. - The Commission shall have the following powers and functions; ,a1 To act as the national consultative and advisory body to the 5resident of the 5hilippines and Congress on matters relating to wages, incomes and productivity< ,b1 To formulate policies and guidelines on wages, incomes and productivity improvement at the enterprise, industry and national levels< ,c1 To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional, provincial or industry levels< ,d1 To review regional wage levels set by the egional Tripartite Aages and 5roductivity &oards to determine if these are in accordance with prescribed guidelines and national development plans< ,e1 To underta)e studies, researches and surveys necessary for the attainment of its functions and objectives, and to collect and compile data and periodically disseminate information on wages and productivity and other related information, including, but not limited to, employment, cost-of-living, labor costs, investments and returns< ,f1 To review plans and programs of the egional Tripartite Aages and 5roductivity &oards to determine whether these are consistent with national development plans< ,g1 To e*ercise technical and administrative supervision over the egional Tripartite Aages and 5roductivity &oards< ,h1 To call, from time to time, a national tripartite conference of representatives of government, wor)ers and employers for the consideration of measures to promote wage rationali(ation and productivity< and ,i1 To e*ercise such powers and functions as may be necessary to implement this Act. MThe Commission shall be composed of the Secretary of "abor and #mployment as e*-officio chairman, the 2irector-:eneral of the +ational #conomic and 2evelopment Authority ,+#2A1 as e*officio vice-chairman, and two ,.1 members each from wor)ers and employers sectors who shall be
5uman B Labor ' B Pro&. Battad B Pa!e ":%

,f1 To e*ercise such other powers and functions as may be necessary to carry out their mandate under this Code. M!mplementation of the plans, programs and projects of the egional &oards referred to in the second paragraph, letter ,a1 of this Article, shall be through the respective regional offices of the 2epartment of "abor and #mployment within their territorial jurisdiction< 5rovided, however, That the egional &oards shall have technical supervision over the regional office of the 2epartment of "abor and #mployment with respect to the implementation of said plans, programs and projects. M#ach egional &oard shall be composed of the egional 2irector of the 2epartment of "abor and #mployment as chairman, the egional 2irectors of the +ational #conomic and 2evelopment Authority and 2epartment of Trade and !ndustry as vicechairmen and two ,.1 members each from wor)ers and employers sectors who shall be appointed by the 5resident of the 5hilippines, upon recommendation of the Secretary of "abor and #mployment, to be made on the basis of the list of nominees submitted by the wor)ers and employers sectors, respectively, and who shall serve for a term of five ,/1 years. M#ach egional &oard to be headed by its chairman shall be assisted by a Secretariat.M MArt. -.4. Aage 'rder. - Ahenever conditions in the region so warrant, the egional &oard shall investigate and study all pertinent facts< and, based on the standards and criteria herein prescribed, shall proceed to determine whether a Aage 'rder should be issued. Any such Aage 'rder shall ta)e effect after fifteen ,-/1 days from its complete publication in at least one ,l1 newspaper of general circulation in the region. M!n the performance of its wage-determining functions, the egional &oard shall conduct public hearingsHconsultations, giving notices to employeesJ and employersJ groups, provincial, city and municipal officials and other interested parties. MAny party aggrieved by the Aage 'rder issued by the egional &oard may appeal such order to the Commission within ten ,l71 calendar days from the publication of such order. !t shall be mandatory for the Commission to decide such appeal within si*ty ,371 calendar days from the filing thereof. MThe filing of the appeal does not operate to stay the order unless the person appealing such order shall file with the Commission an underta)ing with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed.M MArt. -.0. StandardsHCriteria for =inimum Aage Ci*ing. The regional minimum wages to be established by the egional &oard shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framewor) of the national economic and social development program. !n the determination of such regional minimum wages, the egional &oard shall, among other relevant factors, consider the following; ,a1 The demand for living wages< ,b1 Aage adjustment vis-Q-vis the consumer price inde*< ,c1 The cost of living and changes or increases therein< ,d1 The needs of wor)ers and their families< ,e1 The need to induce industries to invest in the countryside< ,f1 !mprovements in standards of living< ,g1 The prevailing wage levels< ,h1 Cair return of the capital invested and capacity to pay of employers< ,i1 #ffects on employment generation and family income< and ,j1 The equitable distribution of income and wealth along the imperatives of economic and social development. MThe wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. These wages shall include wages varying with industries, provinces or localities if in the judgment of the egional &oard conditions ma)e such local differentiation proper and necessary to effectuate the purpose of this Title. MAny person, company, corporation, partnership or any other entity engaged in business shall file and register annually with the appropriate egional &oard, Commission and the +ational Statistics 'ffice an itemi(ed listing of their labor component, specifying the names of their wor)ers and employees below the managerial level, including learners, apprentices and disabledHhandicapped wor)ers who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages. MAhere the application of any prescribed wage increase by virtue of a law or Aage 'rder issued by any egional &oard results in distortions of the wage structure within an establishment, the employer and the union shall negotiate to correct the distortions. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and, if it remains unresolved, through voluntary arbitration. Bnless otherwise agreed by the parties in writing, such dispute shall be decided by the voluntary arbitrator or panel of voluntary arbitrators within ten ,-71 calendar days from the time said dispute was referred to voluntary arbitration.
5uman B Labor ' B Pro&. Battad B Pa!e ":$

M!n cases where there are no collective agreements or recogni(ed labor unions, the employers and wor)ers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the +ational Conciliation and =ediation &oard and, if it remains unresolved after ten ,-71 calendar days of conciliation, shall be referred to the appropriate branch of the +ational "abor elations Commission ,+" C1. !t shall be mandatory for the +" C to conduct continuous hearings and decide the dispute within twenty ,.71 calendar days from the time said dispute is submitted for compulsory arbitration. MThe pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of law or Aage 'rder. MAs used, herein, a wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on s)ills, length of service, or other logical bases of differentiation. MAll wor)ers paid by result, including those who are paid on piecewor), ta)ay, pa)yaw or tas) basis, shall receive not less than the prescribed wage rates per eight ,>1 hours wor) a day, or a proportion thereof for wor)ing less than eight ,>1 hours. MAll recogni(ed learnership and apprenticeship agreements shall be considered automatically modified insofar as their wage clauses are concerned to reflect the prescribed wage rates.M MArt. -.3. 5rohibition Against !njunction. - +o preliminary or permanent injunction or temporary restraining order may be issued by any court, tribunal or other entity against any proceedings before the Commission or the egional &oards.M MArt. -.6. +on-2iminution of &enefits. - +o Aage 'rder issued by any egional &oard shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress.M Sec. 0. ,a1 Bpon the effectivity of this Act, the statutory minimum wage rates of all wor)ers and employees in the private sector, whether agricultural or non-agricultural, shall be increased by twenty-five pesos ,5./.771 per day, e*cept that wor)ers and employees in plantation agricultural enterprises outside of the +ational Capital egion ,+C 1 with an annual gross sales of less than five million pesos ,5/,777,777.771 in the preceding year shall be paid an increase of twenty pesos ,5.7.771, and e*cept further that wor)ers and employees of cottageHhandicraft industries, non-plantation agricultural enterprises, retailHservice establishments regularly employing not more than ten ,-71 wor)ers, and business enterprises with a capitali(ation of not more than five hundred thousand pesos ,5/77,777.771 and employing not more than twenty ,.71 employees, which are located or operating outside the +C , shall be paid only an increase of fifteen pesos ,5-/.771; 5rovided, That those already receiving above the minimum wage rates up to one hundred pesos ,5-77.771 shall also receive an increase of twenty-five pesos ,5./.771 per day, and e*cept that the wor)ers and employees mentioned in the first e*ception clause of this section shall also be paid only an increase of twenty-pesos ,5.7.771, and e*cept further that those employees enumerated in the second e*ception clause of this Section shall also be paid only an increase of fifteen pesos ,5-/.771; 5rovide, further, That the appropriate egional &oard is hereby authori(ed to grant additional increases to the wor)ers and employees mentioned in the e*ception clauses of this Section if, on the basis of its determination pursuant to Article -.0 of the "abor Code such increases are necessary. ,b1 The increase of twenty-five pesos ,5./.771 prescribed under this Section shall apply to all wor)ers and employees entitled to the same in private educational institutions as soon as they have increased or are granted authority to increase their tuition fees during school year -8>8--887. 'therwise, such increase shall be so applicable not later than the opening of the ne*t school year beginning -887. ,c1 #*empted from the provisions of this Act are household or domestic helpers and persons employed in the personal service of another, including family drivers. etailHservice establishments regularly employing not more than ten ,-71 wor)ers may be e*empted from the applicability of this Act upon application with and as determined by the appropriate egional &oard in accordance with the applicable rules and regulations issued by the Commission. Ahenever an application for e*emption has been duly filed with the appropriate egional &oard, action on any complaint for alleged non-compliance with this Act shall be deferred pending resolution of the application for e*emption by the appropriate egional &oard. !n the event that applications for e*emptions are not granted, employees shall receive the appropriate compensation due them as provided for by this Act plus interest of one percent ,-K1 per month retroactive to the effectivity of this Act. ,d1 !f e*pressly provided for and agreed upon in the collective bargaining agreements, all increases in the daily basic wage rates granted by the employers three ,41 months before the effectivity of this Act shall be credited as compliance with the increases in the wage rates prescribed herein, provided that, where such increases are less than the prescribed increases in the wage rates under this Act, the employer shall pay the difference. Such increases shall not include anniversary wage increases, merit wage increases and those resulting from the regulari(ation or promotion of employees. Ahere the application of the increases in the wage rate under this Section results in distortions as defined under e*isting laws in the wage structure within an establishment and gives rise to a dispute
5uman B Labor ' B Pro&. Battad B Pa!e ":#

therein, such dispute shall first be settled voluntarily between the parties and in the event of a deadloc), the same shall be finally resolved through compulsory arbitration by the regional arbitration branch of the +ational "abor elations Commission ,+" C1 having jurisdiction over the wor)place. !t shall be mandatory for the +" C to conduct continuous hearings and decide any dispute arising under this Section within twenty,.71 calendar days from the time said dispute is formally submitted to it for arbitration. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of the increases in the wage rates prescribed under this Section. Sec. /. Aithin a period of four ,01 years from the effectivity of this Act and without prejudice to collective bargaining negotiations or agreements or other employment contracts between employers and wor)ers, new business enterprises that may be established outside the +C and e*port processing (ones whose operation or investments need initial assistance as may be determined by the 2epartment of "abor and #mployment in consultation with the 2epartment of Trade and !ndustry or the 2epartment of Agriculture, as the case may be shall be e*empt from the application of this Act for not more than three ,41 years from the start of their operations; 5rovided, That such new business enterprises established in egion !!! ,Central "u(on1 and egion !D ,Southern Tagalog1 shall be e*empt from such increases only for two ,.1 years from the start of their operations, e*cept those established in the 5rovinces of 5alawan, 'riental =indoro, 'ccidental =indoro, =arinduque, omblon, Lue(on and Aurora, which shall enjoy such e*emption for not more than three ,41 years from the start of their operations. Sec. 3. !n the case of contracts for construction projects and for security, janitorial and similar services, the prescribed increases in the wage rates of the wor)ers shall be borne by the principals or clients of the constructionHservice contractors and the contract shall be deemed amended accordingly. !n the event, however, that the principal or client fails to pay the prescribed wage rates, the constructionHservice contractor shall be jointly and severally liable with his principal or client. Sec. 6. Bpon written petition of the majority of the employees or wor)ers concerned, all private establishments, companies, businesses, and other entities with twenty five ,./1 or more employees and located within one ,-1 )ilometer radius to a commercial, savings or rural ban) shall pay the wages and other benefits of their employees through any of said ban)s and within the period for payment of wages fi*ed by 5residential 2ecree +o. 00., as amended, otherwise )nown as the "abor Code of the 5hilippines. Sec. >. Ahenever applicable and upon request of a concerned wor)er or union, the ban) shall issue a certification of the record of payment of wages of a particular wor)er or wor)ers for a particular payroll period. Sec. 8. The 2epartment of "abor and #mployment shall conduct inspections as often as possible within its manpower constraint of the payroll and other financial records )ept by the company or business to determine whether the wor)ers are paid the prescribed wage rates and other benefits granted by law or any Aage 'rder. !n unioni(ed companies, the 2epartment of "abor and #mployment inspectors shall always be accompanied by the president or any responsible officer of the recogni(ed bargaining unit of any interested union in the conduct of the inspection. !n non-unioni(ed companies, establishments or businesses, the inspection shall be carried out in the presence of a wor)er representing the wor)ers in the said company. The wor)ersJ representative shall have the right to submit his own findings to the 2epartment of "abor and #mployment and to testify on the same if he cannot concur with the findings of the labor inspector. Sec. -7. The funds necessary to carry out the provisions of this Act shall be ta)en from the Compensation and 'rgani(ational Adjustment Cund, the Contingent Cund, and other savings under epublic Act +o. 33>>, otherwise )nown as the :eneral Appropriations Act of -8>8, or from any unappropriated funds of the +ational Treasury; 5rovided, That the funding requirements necessary to implement this Act shall be included in the annual :eneral Appropriations Act for the succeeding years. Sec. --. The +ational Aages Council created under #*ecutive 'rder +o. 3-0 and the +ational 5roductivity Commission created under #*ecutive 'rder +o. 3-/ are hereby abolished. All properties, records, equipment, buildings, facilities, and other assets, liabilities and appropriations of and belonging to the abovementioned offices, as well as other matters pending therein, shall be transferred to the Commission. All personnel of the above abolished offices shall continue to function in a holdover capacity and shall be preferentially considered for appointments to or placement in the Commission. Any official or employee separated from the service as a result of the abolition of offices pursuant to this Act shall be entitled to appropriate separation pay and retirement and other benefits accruing to them under e*isting laws. !n lieu thereof, at the option of the employee, he shall be preferentially considered for employment in the government or in any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries. Sec. -.. Any person, corporation, trust, firm, partnership, association or entity which refuses or fails to pay any of the prescribed increases or adjustments in the wage rates made in accordance with this Act shall be punished by a fine not e*ceeding twenty-five thousand pesos ,5./,777.771 andHor imprisonment of not less than one ,-1 year nor more than two ,.1 years; 5rovided, That any person convicted under this Act shall not be entitled to the benefits provided for under the 5robation "aw. !f the violation is committed by a corporation, trust or firm, partnership, association or any other entity,
5uman B Labor ' B Pro&. Battad B Pa!e "":

the penalty of imprisonment shall be imposed upon the entityJs responsible officers, including, but not limited to, the president, vice president, chief e*ecutive officer, general manager, managing director or partner. Sec. -4. The Secretary of "abor and #mployment shall promulgate the necessary rules and regulations to implement the provisions of this Act. Sec. -0. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. !n any provision or part of this Act, or the application thereof to any person or circumstance, is held invalid or unconstitutional, the remainder of this Act or the application of such provision or part thereof to other persons or circumstances shall not be affected thereby. +othing in this Act shall be construed to reduce any e*isting wage rates, allowances and benefits of any form under e*isting laws, decrees, issuances, e*ecutive orders, andHor under any contract or agreement between the wor)ers and employers. Sec. -/. This Act shall ta)e effect fifteen ,-/1 days after its complete publication in the 'fficial :a(ette or in at least two ,.1 national newspapers of general circulation, whichever comes earlier.
(e) To underta1e studies, researches and sur,e/s necessar/ &or the attainment o& its &unctions and ob3ecti,es, and to collect and com ile data and eriodicall/ disseminate in&ormation on wa!es and roducti,it/ and other related in&ormation, includin!, but not limited to, em lo/ment, cost-o&-li,in!, labor costs, in,estments and returns; (&) To re,iew lans and ro!rams o& the (e!ional Tri artite 2a!es and Producti,it/ Boards to determine whether these are consistent with national de,elo ment lans; (!) To e0ercise technical and administrati,e su er,ision o,er the (e!ional Tri artite 2a!es and Producti,it/ Boards;chan robles ,irtual law librar/ (h) To call, &rom time to time, a national tri artite con&erence o& re resentati,es o& !o,ernment, wor1ers and em lo/ers &or the consideration o& measures to romote wa!e rationalization and roducti,it/; and (i) To e0ercise such owers and &unctions as ma/ be necessar/ to im lement this Act. The Commission shall be com osed o& the Secretar/ o& Labor and Em lo/ment as ex!officio chairman, the 5irector-.eneral o& the 8ational Economic and 5e,elo ment Authorit/ (8E5A) as ex!officio ,icechairman, and two (4) members each &rom wor1ersF and em lo/ersF sectors who shall be a ointed b/ the President o& the Phili ines u on recommendation o& the Secretar/ o& Labor and Em lo/ment to be made on the basis o& the list o& nominees submitted b/ the wor1ersF and em lo/ersF sectors, res ecti,el/, and who shall ser,e &or a term o& &i,e (?) /ears. The E0ecuti,e 5irector o& the Commission shall also be a member o& the Commission. The Commission shall be assisted b/ a Secretariat to be headed b/ an E0ecuti,e 5irector and two (4) 5e ut/ 5irectors, who shall be a ointed b/ the President o& the Phili ines, u on the recommendation o& the Secretar/ o& Labor and Em lo/ment. The E0ecuti,e 5irector shall ha,e the same ran1, salar/, bene&its and other emoluments as that o& a 5e artment Assistant Secretar/, while the 5e ut/ 5irectors shall ha,e the same ran1, salar/, bene&its and other emoluments as that o& a Bureau 5irector. The members o& the Commission re resentin! labor and mana!ement shall ha,e the same ran1, emoluments, allowances and other bene&its as those rescribed b/ law &or labor and mana!ement re resentati,es in the Em lo/eesF Com ensation Commission. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "44. Creation of ,egional 4ripartite -ages and Producti#it Boards. - There is hereb/ created (e!ional Tri artite 2a!es and Producti,it/ Boards, hereina&ter re&erred to as (e!ional Boards, in all re!ions, includin! autonomous re!ions as ma/ be established b/ law. The Commission shall determine the o&&icesBhead>uarters o& the res ecti,e (e!ional Boards. The (e!ional Boards shall ha,e the &ollowin! owers and &unctions in their res ecti,e territorial 3urisdictions7 5uman B Labor ' B Pro&. Battad B Pa!e """
WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION

A(T. "4:. Creation of (ational -ages and Producti#it Commission. - There is hereb/ created a 8ational 2a!es and Producti,it/ Commission, hereina&ter re&erred to as the Commission, which shall be attached to the 5e artment o& Labor and Em lo/ment (5+LE) &or olic/ and ro!ram coordination. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4". Po&ers and functions of the Commission. The Commission shall ha,e the &ollowin! owers and &unctions7 (a) To act as the national consultati,e and ad,isor/ bod/ to the President o& the Phili ines and Con!ress on matters relatin! to wa!es, incomes and roducti,it/; (b) To &ormulate olicies and !uidelines on wa!es, incomes and roducti,it/ im ro,ement at the enter rise, industr/ and national le,els; (c) To rescribe rules and !uidelines &or the determination o& a ro riate minimum wa!e and roducti,it/ measures at the re!ional, ro,incial, or industr/ le,els; (d) To re,iew re!ional wa!e le,els set b/ the (e!ional Tri artite 2a!es and Producti,it/ Boards to determine i& these are in accordance with rescribed !uidelines and national de,elo ment lans;

(a) To de,elo lans, ro!rams and ro3ects relati,e to wa!es, incomes and roducti,it/ im ro,ement &or their res ecti,e re!ions; (b) To determine and &i0 minimum wa!e rates a licable in their re!ions, ro,inces or industries therein and to issue the corres ondin! wa!e orders, sub3ect to !uidelines issued b/ the Commission; (c) To underta1e studies, researches, and sur,e/s necessar/ &or the attainment o& their &unctions, ob3ecti,es and ro!rams, and to collect and com ile data on wa!es, incomes, roducti,it/ and other related in&ormation and eriodicall/ disseminate the same; (d) To coordinate with the other (e!ional Boards as ma/ be necessar/ to attain the olic/ and intention o& this Code; (e) To recei,e, rocess and act on a lications &or e0em tion &rom rescribed wa!e rates as ma/ be ro,ided b/ law or an/ 2a!e +rder; and (&) To e0ercise such other owers and &unctions as ma/ be necessar/ to carr/ out their mandate under this Code. 'm lementation o& the lans, ro!rams, and ro3ects o& the (e!ional Boards re&erred to in the second ara!ra h, letter (a) o& this Article, shall be throu!h the res ecti,e re!ional o&&ices o& the 5e artment o& Labor and Em lo/ment within their territorial 3urisdiction; Pro#ided, ho&e#er, That the (e!ional Boards shall ha,e technical su er,ision o,er the re!ional o&&ice o& the 5e artment o& Labor and Em lo/ment with res ect to the im lementation o& said lans, ro!rams and ro3ects. Each (e!ional Board shall be com osed o& the (e!ional 5irector o& the 5e artment o& Labor and Em lo/ment as chairman, the (e!ional 5irectors o& the 8ational Economic and 5e,elo ment Authorit/ and the 5e artment o& Trade and 'ndustr/ as ,icechairmen and two (4) members each &rom wor1ersF and em lo/ersF sectors who shall be a ointed b/ the President o& the Phili ines, u on the recommendation o& the Secretar/ o& Labor and Em lo/ment, to be made on the basis o& the list o& nominees submitted b/ the wor1ersF and em lo/ersF sectors, res ecti,el/, and who shall ser,e &or a term o& &i,e (?) /ears. Each (e!ional Board to be headed b/ its chairman shall be assisted b/ a Secretariat. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4=. -age *rder. - 2hene,er conditions in the re!ion so warrant, the (e!ional Board shall in,esti!ate and stud/ all ertinent &acts; and based on the standards and criteria herein rescribed, shall roceed to determine whether a 2a!e +rder should be issued. An/ such 2a!e +rder shall ta1e e&&ect a&ter &i&teen ("?) da/s &rom its com lete ublication in at least one (") news a er o& !eneral circulation in the re!ion. 'n the er&ormance o& its wa!e-determinin! &unctions, the (e!ional Board shall conduct ublic hearin!sBconsultations, !i,in! notices to em lo/eesF and em lo/ersF !rou s, ro,incial, cit/ and munici al o&&icials and other interested arties. An/ art/ a!!rie,ed b/ the 2a!e +rder issued b/ the (e!ional Board ma/ a eal such order to the Commission within ten (":) calendar da/s &rom the ublication o& such order. 't shall be mandator/ &or the Commission to decide such a eal within si0t/ (A:) calendar da/s &rom the &ilin! thereo&. The &ilin! o& the a eal does not sta/ the order unless the erson a ealin! such order shall &ile with the Commission, an underta1in! with a suret/ or sureties satis&actor/ to the Commission &or the a/ment to the em lo/ees a&&ected b/ the order o& the corres ondin! increase, in the e,ent such order is a&&irmed. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4@. Standards5Criteria for minimum &age fixing. - The re!ional minimum wa!es to be established b/ the (e!ional Board shall be as nearl/ ade>uate as is economicall/ &easible to maintain the minimum standards o& li,in! necessar/ &or the health, e&&icienc/ and !eneral well-bein! o& the em lo/ees within the &ramewor1 o& the national economic and social de,elo ment ro!ram. 'n the determination o& such re!ional minimum wa!es, the (e!ional Board shall, amon! other rele,ant &actors, consider the &ollowin!7
(a) The demand &or li,in! wa!es; (b) 2a!e ad3ustment #is!6!#is the consumer rice inde0; (c) The cost o& li,in! and chan!es or increases therein; (d) The needs o& wor1ers and their &amilies; (e) The need to induce industries to in,est in the countr/side; (&) 'm ro,ements in standards o& li,in!; (!) The re,ailin! wa!e le,els; (h) Jair return o& the ca ital in,ested and ca acit/ to a/ o& em lo/ers; (i) E&&ects on em lo/ment !eneration and &amil/ income; and (3) The e>uitable distribution o& income and wealth alon! the im erati,es o& economic and social de,elo ment.
The wa!es rescribed in accordance with the ro,isions o& this Title shall be the standard re,ailin! minimum wa!es in e,er/ re!ion. These wa!es shall include wa!es ,ar/in! with industries, ro,inces or localities i& in the 3ud!ment o& the (e!ional Board, conditions ma1e such local di&&erentiation ro er and necessar/ to e&&ectuate the ur ose o& this Title. An/ erson, com an/, cor oration, artnershi or an/ other entit/ en!a!ed in business shall &ile and re!ister annuall/ with the a ro riate (e!ional 5uman B Labor ' B Pro&. Battad B Pa!e ""4

Board, Commission and the 8ational Statistics +&&ice, an itemized listin! o& their labor com onent, s eci&/in! the names o& their wor1ers and em lo/ees below the mana!erial le,el, includin! learners, a rentices and disabledBhandica ed wor1ers who were hired under the terms rescribed in the em lo/ment contracts, and their corres ondin! salaries and wa!es. 2here the a lication o& an/ rescribed wa!e increase b/ ,irtue o& a law or wa!e order issued b/ an/ (e!ional Board results in distortions o& the wa!e structure within an establishment, the em lo/er and the union shall ne!otiate to correct the distortions. An/ dis ute arisin! &rom wa!e distortions shall be resol,ed throu!h the !rie,ance rocedure under their collecti,e bar!ainin! a!reement and, i& it remains unresol,ed, throu!h ,oluntar/ arbitration. Knless otherwise a!reed b/ the arties in writin!, such dis ute shall be decided b/ the ,oluntar/ arbitrators within ten (":) calendar da/s &rom the time said dis ute was re&erred to ,oluntar/ arbitration. 'n cases where there are no collecti,e a!reements or reco!nized labor unions, the em lo/ers and wor1ers shall endea,or to correct such distortions. An/ dis ute arisin! there&rom shall be settled throu!h the 8ational Conciliation and Cediation Board and, i& it remains unresol,ed a&ter ten (":) calendar da/s o& conciliation, shall be re&erred to the a ro riate branch o& the 8ational Labor (elations Commission (8L(C). 't shall be mandator/ &or the 8L(C to conduct continuous hearin!s and decide the dis ute within twent/ (4:) calendar da/s &rom the time said dis ute is submitted &or com ulsor/ arbitration. The endenc/ o& a dis ute arisin! &rom a wa!e distortion shall not in an/ wa/ dela/ the a licabilit/ o& an/ increase in rescribed wa!e rates ursuant to the ro,isions o& law or wa!e order. As used herein, a wa!e distortion shall mean a situation where an increase in rescribed wa!e rates results in the elimination or se,ere contraction o& intentional >uantitati,e di&&erences in wa!e or salar/ rates between and amon! em lo/ee !rou s in an establishment as to e&&ecti,el/ obliterate the distinctions embodied in such wa!e structure based on s1ills, len!th o& ser,ice, or other lo!ical bases o& di&&erentiation. All wor1ers aid b/ result, includin! those who are aid on iecewor1, ta'a , pa' a& or tas1 basis, shall recei,e not less than the rescribed wa!e rates er ei!ht ($) hours o& wor1 a da/, or a ro ortion thereo& &or wor1in! less than ei!ht ($) hours. All reco!nized learnershi and a renticeshi a!reements shall be considered automaticall/ modi&ied inso&ar as their wa!e clauses are concerned to re&lect the rescribed wa!e rates. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4?. Freedom to "argain. - 8o wa!e order shall be construed to re,ent wor1ers in articular &irms or enter rises or industries &rom bar!ainin! &or hi!her wa!es with their res ecti,e em lo/ers. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4A. Prohi"ition against in7unction. M 8o reliminar/ or ermanent in3unction or tem orar/ restrainin! order ma/ be issued b/ an/ court, tribunal or other entit/ a!ainst an/ roceedin!s be&ore the Commission or the (e!ional Boards. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). A(T. "4%. (on!diminution of "enefits. - 8o wa!e order issued b/ an/ re!ional board shall ro,ide &or wa!e rates lower than the statutor/ minimum wa!e rates rescribed b/ Con!ress. (As amended b/ (e ublic Act 8o. A%4%, June #, "#$#). (KLE '< 2a!e Studies and 5etermination SECT'+8 ". 5e&inition o& terms. O (a) W'ndustr/W shall mean an/ identi&iable !rou o& roducti,e units or enter rises, whether o erated &or ro&it or not, en!a!ed in similar or allied economic acti,ities in which indi,iduals are !ain&ull/ em lo/ed. (b) A WbranchW o& an industr/ is a wor1, roduct or ser,ice !rou in! thereo& which can be considered a distinct di,ision &or wa!e-&i0in! ur oses. (c) WSubstantial numberW shall mean such an a reciable number o& em lo/ees in an industr/ as, in the CommissionUs o inion, considerin! all rele,ant &acts, ma/ re>uire action under Art. "4" o& the Code to e&&ectuate the ur oses o& wa!e determination, re!ardless o& the ro ortion o& such em lo/ees to the total number o& em lo/ees in the industr/. SECT'+8 4. 2a!e studies. O The 8ational 2a!es Council shall conduct a continuin! stud/ o& wa!e rates and other economic conditions in all industries, a!ricultural and non-a!ricultural. The results o& such stud/ shall be eriodicall/ disseminated to the !o,ernment, labor and mana!ement sectors &or their in&ormation and !uidance. SECT'+8 =. 2a!es recommendation. O '& a&ter such stud/, the Commission is o& the o inion that a substantial number o& em lo/ees in an/ !i,en industr/ or branch thereo& are recei,in! wa!es, which althou!h com l/in! with the minimum ro,ided b/ law, are less than su&&icient to maintain them in health, e&&icienc/ and !eneral well-bein!, ta1in! into account, amon! others, the eculiar circumstances o& the industr/ and its !eo!ra hical location, the Commission shall, with the a ro,al o& the Secretar/ o& Labor and Em lo/ment, roceed to determine whether a wa!e recommendation should be issued. SECT'+8 @. Criteria &or wa!e &i0in!. O (a) 'n addition to the criteria established b/ Art. "4= o& the Code &or minimum wa!e &i0in!, the Commission shall consider, amon! other &actors, social ser,ices and bene&its !i,en &ree to wor1ers and the ossible e&&ect o& a !i,en increase in the minimum wa!e on rices, mone/ su l/, em lo/ment, labor mobilit/ and roducti,it/, labor or!anization e&&icac/, domestic and &orei!n trade, and other rele,ant indicators o& social and economic de,elo ment. (b) 2here a &air return to ca ital in,ested cannot be reasonabl/ determined, or where the industr/ concerned is not o erated &or ro&it, its ca acit/ to a/, ta1in! into account all resources a,ailable to it, shall be considered. SECT'+8 ?. Luorum. O Three (=) members o& the Commission, includin! its Chairman, shall constitute a >uorum to transact the CommissionUs business. 5uman B Labor ' B Pro&. Battad B Pa!e ""=

SECT'+8 A. Commission actions, number o& ,otes re>uired. O The ,otes o& at least three (=) members o& the Commission shall be necessar/ to e&&ect an/ decision or recommendation it is authorized to issue under the Code and this rule7 Pro,ided, That in the internal re!ulation and direction o& the &unctions o& the CommissionUs sta&& includin! the conduct o& administrati,e rocesses and the maintenance o& ro er liaison and coordination with other or!anizations, the Chairman shall not need the consent o& the Commission or an/ member thereo&. SECT'+8 %. +utside assistance. O The Commission ma/ call u on the assistance and coo eration o& an/ !o,ernment a!enc/ or o&&icial, and ma/ in,ite an/ ri,ate erson or or!anization to &urnish in&ormation in connection with industr/ studies and wa!e &i0in! hearin!s or in aid o& the CommissionUs deliberations. SECT'+8 $. Schedule o& hearin!s and notices. O The Commission shall re are a schedule o& hearin!s &or the rece tion o& e,idence necessar/ &or wa!e &i0in! in an industr/, includin! a list o& witnesses that it will in,ite and the date, time and lace o& the hearin!s. A notice thereo& to all sectors o& the industr/ shall be !i,en in the most e0 editious manner. 't ma/ ha,e rior consultations with labor and mana!ement leaders in the industr/ &or the abo,e ur ose. SECT'+8 #. Knsolicited testimon/. O Persons who o&&er to testi&/ be&ore the Commission shall be heard onl/ a&ter the Commission is satis&ied, u on brie& reliminar/ e0amination, that the/ are in ossession o& &acts rele,ant to the sub3ect o& in>uir/. The Chairman, or in other cases, the erson conductin! the hearin!, shall re,ise the schedule o& hearin!s whene,er necessar/ to achie,e lo!ical se>uence o& testimon/. SECT'+8 ":. Com ulsor/ rocesses. O (ecourse to com ulsor/ rocesses under the (e,ised Administrati,e Code to ensure the attendance o& witnesses andBor the roduction o& rele,ant documentar/ e,idence shall be used onl/ on occasions o& e0treme im ortance and a&ter other means shall ha,e &ailed, sub3ect to the a ro,al o& the Secretar/ o& Labor and Em lo/ment. SECT'+8 "". *earin!s; where, b/ whom conducted. O Commission hearin!s ma/ be conducted b/ the Commission en banc, or, when authorized b/ the Commission, b/ an/ member or hearin! o&&icer desi!nated b/ the Chairman. The hearin!s ma/ be held where,er the industr/ or branches thereo& are situated; otherwise the/ shall be held in the .reater Canila Area. The hearin!s shall be o en to the ublic. SECT'+8 "4. *earin!s be&ore sin!le member or hearin! o&&icer. O *earin!s conducted b/ a dul/ authorized member or hearin! o&&icer shall be considered as hearin!s be&ore the Commission. The records o& such hearin!s shall be submitted to the Commission as soon as the/ are com leted, indicatin! the time and lace o& the hearin!s and the a earances thereat, to!ether with a brie& statement o& the &indin!s and recommendations o& the member or hearin! o&&icer concerned. SECT'+8 "=. Testimon/ under oath. O The testimon/ o& all witnesses shall be made under oath or a&&irmation and shall be ta1en down and transcribed b/ a dul/ a ointed steno!ra hic re orter. SECT'+8 "@. 8on-a licabilit/ o& technical rules. O The technical rules o& e,idence a lied b/ the courts in roceedin!s at law or e>uit/ shall not strictl/ a l/ in an/ roceedin!s conducted be&ore the Commission. SECT'+8 "?. Sti ulation o& &act. O Sti ulations o& &act ma/ be admitted with res ect to an/ matter at issue in the roceedin!s. SECT'+8 "A. 5ocumentar/ e,idence. O 2ritten e,idence submitted to the Commission or an/ member or hearin! o&&icer shall be ro erl/ mar1ed to &acilitate identi&ication. SECT'+8 "%. Submission o& industr/-re ort. O 2ithin si0t/ (A:) wor1in! da/s &rom the date o& the &irst hearin!, the Commission shall submit to the Secretar/ o& Labor and Em lo/ment an W'ndustr/ (e ortW which shall relate in brie& the o erations that led thereto, the basic &indin!s o& economic &acts about the industr/ and the recommendations made on the basis thereo&. SECT'+8 "$. Action b/ the Secretar/ o& Labor and Em lo/ment. O 2ithin thirt/ (=:) wor1in! da/s a&ter the submission o& the W'ndustr/ (e ort,W the Secretar/ o& Labor and Em lo/ment shall either re3ect or a ro,e the recommendation o& the Commission in accordance with Art. "44 o& the Code. '& he a ro,es the recommendation, he shall issue a 2a!e +rder ado tin! the same, sub3ect to the a ro,al o& the President o& the Phili ines, rescribin! the minimum wa!e or wa!es &or the industr/ concerned. SECT'+8 "#. 2a!e +rder. O The 2a!e +rder shall s eci&/ the industr/ or branch to which the minimum wa!es rescribed therein shall a l/; Pro,ided, That no de&inite rates shall be rescribed &or s eci&ic 3ob titles in the industr/. SECT'+8 4:. 9ar/in! minimum wa!es. O To 3usti&/ di&&erent minimum wa!es &or di&&erent localities, the economic and other conditions &ound in a articular localit/ must not onl/ be more or less uni&orm therein but also di&&erent &rom those re,ailin! in other localities. SECT'+8 4". Publication o& 2a!e +rder. O +nl/ such ortions o& a 2a!e +rder shall be ublished as shall e&&ecti,el/ !i,e notice to all interested arties that such an +rder has been issued, the industr/ a&&ected, the minimum wa!es rescribed and the date o& its e&&ecti,it/. SECT'+8 44. E&&ecti,it/. O A 2a!e +rder shall become e&&ecti,e a&ter &i&teen ("?) da/s &rom its ublication as ro,ided in Article "4@ o& the Code. SECT'+8 4=. 'nternal rules o& the Commission. O Sub3ect to the a ro,al o& the Secretar/ o& Labor and Em lo/ment, the 8ational 2a!es Council ma/ issue rules and re!ulations !o,ernin! its internal rocedure.
a. (ationale &or 2a!e (ationalization, (A A%4%, Sec. 4
5uman B Labor ' B Pro&. Battad B Pa!e ""@

Sec. 4. 't is hereb/ declared the olic/ o& the State to rationalize the &i0in! o& minimum wa!es and to romote roducti,it/-im ro,ement and !ain-sharin! measures to ensure a decent standard o& li,in! &or the wor1ers and their &amilies; to !uarantee the ri!hts o& labor to its 3ust share in the &ruits o& roduction; to enhance em lo/ment !eneration in the countr/side throu!h industr/ dis ersal; and to allow business and industr/ reasonable returns on in,estment, e0 ansion and !rowth. The State shall romote collecti,e bar!ainin! as the rimar/ mode o& settin! wa!es and other terms and conditions o& em lo/ment; and, whene,er necessar/, the minimum wa!e rates shall be ad3usted in a &air and e>uitable manner, considerin! e0istin! re!ional dis arities in the cost o& li,in! and other socioeconomic &actors and the national economic and social de,elo ment lans. b. A!encies in 2a!e Ji0in! Cachiner/ ") Cethods o& Ji0in! a) Jloor 2a!e method b) Salar/ M Ceilin! Cethod Em lo/ers Con&ederation o& the Phil. 9. 8ational 2a!e and Producti,it/ Commission, 4:" SC(A %?# ("##")
") 8ational 2a!es and Producti,it/ Commission, (A A%4%, Sec. =; Arts. "4:, "4", "4A
4) (e!ional Tri artite 2a!es and Producti,it/ Board, (A A%4%, Sec. =; Arts. "44, "4A 8asi it Lumber Co. ,. 8L(C, 4$# SC(A AA% ("##$)
4) 9alidit/ Ca!a/an Su!ar Cillin! Co. ,. Secretar/, 5+LE, 4$@ SC(A "?: ("##$)
c. StandardsBCriteria &or Cinimum 2a!e Ji0in!, (A A%4%, Sec. =; Art. "4@ d. 2a!e +rder, Arts. "4=, "4@
=) 2a!e 5istortion Pruban1ers Association Prudential Ban1 ) Trust Co., =:4 SC(A %@ ("###) 5uman B Labor ' B Pro&. Battad B Pa!e ""? ,.

(d) The a/ment b/ chec1 is with the written consent o& the em lo/ees concerned i& there is no collecti,e a!reement authorizin! the a/ment o& wa!es b/ ban1 chec1s. 4A: ("##?) Con!son ,. 8L(C, 4@= SC(A
=.
2a!e Pa/ment and Protection
a. Jorm o& Pa/ment, Art. 4:4; Ci,il Code, Art. "%:?; (ule 9''', Secs. ", 4 A(T. 4:4. Erroneous pa ment. - (a) '& the S/stem in !ood &aith a/s income bene&it to a de endent who is in&erior in ri!ht to another de endent or with whom another de endent is entitled to share, such a/ments shall dischar!e the S/stem &rom liabilit/, unless and until such other de endent noti&ies the S/stem o& his claim rior to the a/ments. (b) 'n case o& doubt as to the res ecti,e ri!hts o& ri,al claimants, the S/stem is hereb/ em owered to determine as to whom a/ments should be made in accordance with such re!ulations as the Commission ma/ a ro,e. '& the mone/ is a/able to a minor or incom etent, a/ment shall be made b/ the S/stem to such erson or ersons as it ma/ consider to be best >uali&ied to ta1e care and dis ose o& the minorFs or incom etentFs ro ert/ &or his bene&it. 8CC Art. "%:?. The laborerUs wa!es shall be le!al currenc/. aid in
b.
Time o& Pa/ment, Art. ":=, Sec. =
SECT'+8 ". Canner o& wa!e a/ment. O As a !eneral rule, wa!es shall be aid in le!al tender and the use o& to1ens, romissor/ notes, ,ouchers, cou ons, or an/ other &orm alle!ed to re resent le!al tender is absolutel/ rohibited e,en when e0 ressl/ re>uested b/ the em lo/ee. SECT'+8 4. Pa/ment b/ chec1. O Pa/ment o& wa!es b/ ban1 chec1s, ostal chec1s or mone/ orders is allowed where such manner o& wa!e a/ment is customar/ on the date o& the e&&ecti,it/ o& the Code, where it is so sti ulated in a collecti,e a!reement, or where all o& the &ollowin! conditions are met7 (a) There is a ban1 or other &acilit/ &or encashment within a radius o& one (") 1ilometer &rom the wor1 lace; (b) The em lo/er or an/ o& his a!ents or re resentati,es does not recei,e an/ ecuniar/ bene&it directl/ or indirectl/ &rom the arran!ement; (c) The em lo/ees are !i,en reasonable time durin! ban1in! hours to withdraw their wa!es &rom the ban1 which time shall be considered as com ensable hours wor1ed i& done durin! wor1in! hours; and
A(T. ":=. 4ime of pa ment. - 2a!es shall be aid at least once e,er/ two (4) wee1s or twice a month at inter,als not e0ceedin! si0teen ("A) da/s. '& on account o& force ma7eure or circumstances be/ond the em lo/erFs control, a/ment o& wa!es on or within the time herein ro,ided cannot be made, the em lo/er shall a/ the wa!es immediatel/ a&ter such force ma7eure or circumstances ha,e ceased. 8o em lo/er shall ma1e a/ment with less &re>uenc/ than once a month. The a/ment o& wa!es o& em lo/ees en!a!ed to er&orm a tas1 which cannot be com leted in two (4) wee1s shall be sub3ect to the &ollowin! conditions, in the absence o& a collecti,e bar!ainin! a!reement or arbitration award7 (") That a/ments are made at inter,als not e0ceedin! si0teen ("A) da/s, in ro ortion to the amount o& wor1 com leted; (4) That &inal settlement is made u on com letion o& the wor1. SECT'+8 =. Time o& a/ment. O (a) 2a!es shall be aid not less than once e,er/ two (4) wee1s or twice a month at inter,als not e0ceedin! si0teen ("A) da/s, unless a/ment cannot be made with such re!ularit/ due to &orce ma3eure or circumstances be/ond the em lo/erUs control in which case the em lo/er shall a/ the wa!es immediatel/ a&ter such &orce ma3eure or circumstances ha,e ceased.
5uman B Labor ' B Pro&. Battad B Pa!e ""A

(b) 'n case o& a/ment o& wa!es b/ results in,ol,in! wor1 which cannot be &inished in two (4) wee1s, a/ment shall be made at inter,als not e0ceedin! si0teen da/s in ro ortion to the amount o& wor1 com leted. Jinal settlement shall be made immediatel/ u on com letion o& the wor1. c. Place o& Pa/ment, Art. ":@, Sec. @ (c) 'n case o& death o& the em lo/ee as the succeedin! Section. ro,ided in
SECT'+8 @. Place o& a/ment. O As a !eneral rule, the lace o& a/ment shall be at or near the lace o& underta1in!. Pa/ment in a lace other than the wor1 lace shall be ermissible onl/ under the &ollowin! circumstances7 (a) 2hen a/ment cannot be e&&ected at or near the lace o& wor1 b/ reason o& the deterioration o& eace and order conditions, or b/ reason o& actual or im endin! emer!encies caused b/ &ire, &lood, e idemic or other calamit/ renderin! a/ment thereat im ossible; (b) 2hen the em lo/er ro,ides &ree trans ortation to the em lo/ees bac1 and &orth; and (c) Knder an/ other analo!ous circumstances; Pro,ided, That the time s ent b/ the em lo/ees in collectin! their wa!es shall be considered as com ensable hours wor1ed; (d) 8o em lo/er shall a/ his em lo/ees in an/ bar, ni!ht or da/ club, drin1in! establishment, massa!e clinic, dance hall, or other similar laces or in laces where !ames are la/ed with sta1es o& mone/ or thin!s re resentin! mone/ e0ce t in the case o& ersons em lo/ed in said laces. LC A(T. ":@. Place of pa ment. - Pa/ment o& wa!es shall be made at or near the lace o& underta1in!, e0ce t as otherwise ro,ided b/ such re!ulations as the Secretar/ o& Labor and Em lo/ment ma/ rescribe under conditions to ensure !reater rotection o& wa!es. See7 Labor Ad,isor/ on Pa/ment o& Salaries Thru Automated Teller Cachines (ATC)
SECT'+8 A. 2a!es o& deceased em lo/ee. O The a/ment o& the wa!es o& a deceased em lo/ee shall be made to his heirs without the necessit/ o& intestate roceedin!s. 2hen the heirs are o& a!e, the/ shall e0ecute an a&&ida,it attestin! to their relationshi to the deceased and the &act that the/ are his heirs to the e0clusion o& all other ersons. 'n case an/ o& the heirs is a minor, such a&&ida,it shall be e0ecuted in his behal& b/ his natural !uardian or ne0t o& 1in. K on resentation o& the a&&ida,it to the em lo/er, he shall ma1e a/ment to the heirs as re resentati,e o& the Secretar/ o& Labor and Em lo/ment. A(T. ":?. %irect pa ment of &ages. - 2a!es shall be aid directl/ to the wor1ers to whom the/ are due, e0ce t7 (a) 'n cases o& force ma7eure renderin! such a/ment im ossible or under other s ecial circumstances to be determined b/ the Secretar/ o& Labor and Em lo/ment in a ro riate re!ulations, in which case, the wor1er ma/ be aid throu!h another erson under written authorit/ !i,en b/ the wor1er &or the ur ose; or (b) 2here the wor1er has died, in which case, the em lo/er ma/ a/ the wa!es o& the deceased wor1er to the heirs o& the latter without the necessit/ o& intestate roceedin!s. The claimants, i& the/ are all o& a!e, shall e0ecute an a&&ida,it attestin! to their relationshi to the deceased and the &act that the/ are his heirs, to the e0clusion o& all other ersons. '& an/ o& the heirs is a minor, the a&&ida,it shall be e0ecuted on his behal& b/ his natural !uardian or ne0t-o&-1in. The a&&ida,it shall be resented to the em lo/er who shall ma1e a/ment throu!h the Secretar/ o& Labor and Em lo/ment or his re resentati,e. The re resentati,e o& the Secretar/ o& Labor and Em lo/ment shall act as re&eree in di,idin! the amount aid amon! the heirs. The a/ment o& wa!es under this Article shall absol,e the em lo/er o& an/ &urther liabilit/ with res ect to the amount aid. Phil. 4=" ("#?#) Bermiso ,. Escano, 'nc., ":?
d.
Person to Pa/, Art. ":?, Secs. ?, A
SECT'+8 ?. 5irect a/ment o& wa!es. O Pa/ment o& wa!es shall be made direct to the em lo/ee entitled thereto e0ce t in the &ollowin! cases7 (a) 2here the em lo/er is authorized in writin! b/ the em lo/ee to a/ his wa!es to a member o& his &amil/; (b) 2here a/ment to another erson o& an/ art o& the em lo/eeUs wa!es is authorized b/ e0istin! law, includin! a/ments &or the insurance remiums o& the em lo/ee and union dues where the ri!ht to chec1-o&& has been reco!nized b/ the em lo/er in accordance with a collecti,e a!reement or authorized in writin! b/ the indi,idual em lo/ees concerned; or
@.
2a!e Prohibitions
a. 2a!e 'nter&erence in 5is osal o& 2a!es, Art. ""4; (ule 9''', Sec. # a. 2a!e 'nter&erence in 5is osal o& 2a!es, Art. ""4; (ule 9''', Sec. #
A(T. ""4. (on!interference in disposal of &ages. - 8o em lo/er shall limit or otherwise inter&ere with the &reedom o& an/ em lo/ee to dis ose o& his wa!es. *e shall not in an/ manner &orce, com el, or obli!e his 5uman B Labor ' B Pro&. Battad B Pa!e ""%

em lo/ees to urchase merchandise, commodities or other ro ert/ &rom an/ other erson, or otherwise ma1e use o& an/ store or ser,ices o& such em lo/er or an/ other erson.
SECT'+8 #. Labor-onl/ contractin!. O (a) An/ erson who underta1es to su l/ wor1ers to an em lo/er shall be deemed to be en!a!ed in labor-onl/ contractin! where such erson7 (") 5oes not ha,e substantial ca ital or in,estment in the &orm o& tools, e>ui ment, machineries, wor1 remises and other materials; and (4) The wor1ers recruited and laced b/ such erson are er&ormin! acti,ities which are directl/ related to the rinci al business or o erations o& the em lo/er in which wor1ers are habituall/ em lo/ed. (b) Labor-onl/ contractin! as de&ined herein is hereb/ rohibited and the erson actin! as contractor shall be considered merel/ as an a!ent or intermediar/ o& the em lo/er who shall be res onsible to the wor1ers in the same manner and e0tent as i& the latter were directl/ em lo/ed b/ him. (c) Jor cases not &allin! under this (ule, the Secretar/ o& Labor and Em lo/ment shall determine throu!h a ro riate orders whether or not the contractin! out o& labor is ermissible in the li!ht o& the circumstances o& each case and a&ter considerin! the o eratin! needs o& the em lo/er and the ri!hts o& the wor1ers in,ol,ed. 'n such case, he ma/ rescribe conditions and restrictions to insure the rotection and wel&are o& the wor1ers. b. 2a!e 5eduction, Art. ""=; (ule 9''', Sec. ":
c. (e>uirement to ma1e 5e osits &or Loss or 5ama!e, Art. Arts. ""@, ""?; (ule 9''', Sec. ""
A(T. ""@. %eposits for loss or damage. - 8o em lo/er shall re>uire his wor1er to ma1e de osits &rom which deductions shall be made &or the reimbursement o& loss o& or dama!e to tools, materials, or e>ui ment su lied b/ the em lo/er, e0ce t when the em lo/er is en!a!ed in such trades, occu ations or business where the ractice o& ma1in! deductions or re>uirin! de osits is a reco!nized one, or is necessar/ or desirable as determined b/ the Secretar/ o& Labor and Em lo/ment in a ro riate rules and re!ulations. A(T. ""?. 8imitations. - 8o deduction &rom the de osits o& an em lo/ee &or the actual amount o& the loss or dama!e shall be made unless the em lo/ee has been heard thereon, and his SECT'+8 "". Attorne/Us &ees. O Attorne/Us &ees in an/ 3udicial or administrati,e roceedin!s &or the reco,er/ o& wa!es shall not e0ceed ": ercent o& the amount awarded. The &ees ma/ be deducted &rom the total amount due the winnin! art/ res onsibilit/ has been clearl/ shown. 5entech Canu&acturin! Cor . 8L(C, "%4 SC(A ?$$ ("#$#)
A(T. ""=. -age deduction. - 8o em lo/er, in his own behal& or in behal& o& an/ erson, shall ma1e an/ deduction &rom the wa!es o& his em lo/ees, e0ce t7 (a) 'n cases where the wor1er is insured with his consent b/ the em lo/er, and the deduction is to recom ense the em lo/er &or the amount aid b/ him as remium on the insurance; (b) Jor union dues, in cases where the ri!ht o& the wor1er or his union to chec1-o&& has been reco!nized b/ the em lo/er or authorized in writin! b/ the indi,idual wor1er concerned; and (c) 'n cases where the em lo/er is authorized b/ law or re!ulations issued b/ the Secretar/ o& Labor and Em lo/ment. SECT'+8 ":. Pa/ment o& wa!es in case o& ban1ru tc/. O Kn aid wa!es earned b/ the em lo/ees be&ore the declaration o& ban1ru tc/ or 3udicial li>uidation o& the em lo/erUs business shall be !i,en &irst re&erence and shall be aid in &ull be&ore other creditors ma/ establish an/ claim to a share in the assets o& the em lo/er.
@@4 ("#$#)
A odaca ,. 8L(C, "%4 SC(A
??A ("##@)
Ji,e J Ta0i ,. 8L(C, 4=? SC(A
5uman B Labor ' B Pro&. Battad B Pa!e ""$

be 1e t or maintained this (ule. ursuant to the ro,isions o&
i. Qee in! o& Em lo/eeFs (ecords in a Place other than the 2or1 lace South Cotorists Enter rises ,. Tosoc, "$" SC(A =$A ("##:)
e. 2ithholdin! o& 2a!es, Art. ""A; Ci,il Code, Art. "%:A
A(T. ""A. -ithholding of &ages and 'ic'"ac's prohi"ited. - 't shall be unlaw&ul &or an/ erson, directl/ or indirectl/, to withhold an/ amount &rom the wa!es o& a wor1er or induce him to !i,e u an/ art o& his wa!es b/ &orce, stealth, intimidation, threat or b/ an/ other means whatsoe,er without the wor1erFs consent. 8CC Art. "%:A. 2ithholdin! o& the wa!es, e0ce t &or a debt due, shall not be made b/ the em lo/er. &. ""% 5eduction to Ensure Em lo/ment, Art.
3. "%:$
.arnishmentBE0ecution, Ci,il Code, Art.
8CC Art. "%:$. The laborerUs wa!es shall not be sub3ect to e0ecution or attachment, e0ce t &or debts incurred &or &ood, shelter, clothin! and medical attendance. SC(A =:@ ("#$?) .AA ,. Court o& A eals, "@:
A(T. ""%. %eduction to ensure emplo ment. - 't shall be unlaw&ul to ma1e an/ deduction &rom the wa!es o& an/ em lo/ee &or the bene&it o& the em lo/er or his re resentati,e or intermediar/ as consideration o& a romise o& em lo/ment or retention in em lo/ment. !. (etaliator/ Ceasures, Art. ""$
A(T. ""$. ,etaliator measures. - 't shall be unlaw&ul &or an em lo/er to re&use to a/ or reduce the wa!es and bene&its, dischar!e or in an/ manner discriminate a!ainst an/ em lo/ee who has &iled an/ com laint or instituted an/ roceedin! under this Title or has testi&ied or is about to testi&/ in such roceedin!s. h. "= Jalse (e ortin!, Art. ""#; (ule <, Sec.
A(T. ""#. False reporting. - 't shall be unlaw&ul &or an/ erson to ma1e an/ statement, re ort, or record &iled or 1e t ursuant to the ro,isions o& this Code 1nowin! such statement, re ort or record to be &alse in an/ material res ect. SECT'+8 "=. Jalse re ortin!. O 't shall be unlaw&ul &or an/ em lo/er or an/ erson to ma1e an/ &alse statement, re ort or record on matters re>uired to
@=@ SC(A "# (4::@)
S ecial Steel Cor . ,. 9illareal,
5uman B Labor ' B Pro&. Battad B Pa!e ""#
?. 2or1 Pre&erence in the E,ent o& Ban1ru tc/, Art. "":; Boo1 ''', (ule 9''', Sec. %; ci,il Code, Arts. "4:%, 44@" (A), 44@4 (=), 44@@ (4)
LC A(T. "":. -or'er preference in case of "an'ruptc . - 'n the e,ent o& ban1ru tc/ or li>uidation o& an em lo/erFs business, his wor1ers shall en3o/ &irst re&erence as re!ards their wa!es and other monetar/ claims, an/ ro,isions o& law to the contrar/ notwithstandin!. Such un aid wa!es and monetar/ claims shall be aid in &ull be&ore claims o& the !o,ernment and other creditors ma/ be aid. (As amended b/ Section ", (e ublic Act 8o. A%"?, Carch 4", "#$#). '(( SECT'+8 %. Ci,il liabilit/ o& em lo/er and contractors. O E,er/ em lo/er or indirect em lo/er shall be 3ointl/ and se,erall/ liable with his contractor or sub-contractor &or the un aid wa!es o& the em lo/ees o& the latter. Such em lo/er or indirect em lo/er ma/ re>uire the contractor or subcontractor to &urnish a bond e>ual to the cost o& labor under contract on condition that the bond will answer &or the wa!es due the em lo/ees should the contractor or subcontractor, as the case ma/ be, &ail to a/ the same. 8CC Art. 44@". 2ith re&erence to s eci&ic mo,able ro ert/ o& the debtor, the &ollowin! claims or liens shall be re&erred7 (A) Claims &or laborersU wa!es, on the !oods manu&actured or the wor1 done; 000 Art. 44@4. 2ith re&erence to s eci&ic immo,able ro ert/ and real ri!hts o& the debtor, the &ollowin! claims, mort!a!es and liens shall be re&erred, and shall constitute an encumbrance on the immo,able or real ri!ht7 (=) Claims o& laborers, masons, mechanics and other wor1men, as well as o& architects, en!ineers and contractors, en!a!ed in the construction, reconstruction or re air o& buildin!s, canals or other wor1s, u on said buildin!s, canals or other wor1s; 000 Art. 44@@. 2ith re&erence to other ro ert/, real and ersonal, o& the debtor, the &ollowin! claims or credits shall be re&erred in the order named7 (4) Credits &or ser,ices rendered the insol,ent b/ em lo/ees, laborers, or household hel ers &or one /ear recedin! the commencement o& the roceedin!s in insol,enc/; 000 Art. "4:%. The concurrence o& two or more creditors or o& two or more debtors in one and the same obli!ation does not im l/ that each one o& the &ormer has a ri!ht to demand, or that each one o& the latter is bound to render, entire com liance with the restation. There is a solidar/ liabilit/ onl/ when the obli!ation e0 ressl/ so states, or when the law or the nature o& the obli!ation re>uires solidarit/. (""=%a)
(e ublic ,. Peralta, "?: SC(A =% ("#$%)
Canila Ban1in! Cor . ,. 8L(C, 4%# SC(A A:4, A4"-A@4 ("##%)
A. 2a!e (eco,er/BJurisdiction, arts. "4$, "4#, 4"%, """; Boo1 ''', (ule <, Secs. "-? 5uman B Labor ' B Pro&. Battad B Pa!e "4:

shall, a&ter a ro riate administrati,e in,esti!ation, be sub3ect to summar/ dismissal &rom the ser,ice. (&) The Secretar/ o& Labor and Em lo/ment ma/, b/ a ro riate re!ulations, re>uire em lo/ers to 1ee and maintain such em lo/ment records as ma/ be necessar/ in aid o& his ,isitorial and en&orcement owers under this Code. A(T. "4#. ,eco#er of &ages, simple mone claims and other "enefits. - K on com laint o& an/ interested art/, the (e!ional 5irector o& the 5e artment o& Labor and Em lo/ment or an/ o& the dul/ authorized hearin! o&&icers o& the 5e artment is em owered, throu!h summar/ roceedin! and a&ter due notice, to hear and decide an/ matter in,ol,in! the reco,er/ o& wa!es and other monetar/ claims and bene&its, includin! le!al interest, owin! to an em lo/ee or erson em lo/ed in domestic or household ser,ice or househel er under this Code, arisin! &rom em lo/er-em lo/ee relations7 Pro,ided, That such com laint does not include a claim &or reinstatement7 Pro,ided &urther, That the a!!re!ate mone/ claims o& each em lo/ee or househel er does not e0ceed Ji,e thousand esos (P?,:::.::). The (e!ional 5irector or hearin! o&&icer shall decide or resol,e the com laint within thirt/ (=:) calendar da/s &rom the date o& the &ilin! o& the same. An/ sum thus reco,ered on behal& o& an/ em lo/ee or househel er ursuant to this Article shall be held in a s ecial de osit account b/, and shall be aid on order o&, the Secretar/ o& Labor and Em lo/ment or the (e!ional 5irector directl/ to the em lo/ee or househel er concerned. An/ such sum not aid to the em lo/ee or househel er because he cannot be located a&ter dili!ent and reasonable e&&ort to locate him within a eriod o& three (=) /ears, shall be held as a s ecial &und o& the 5e artment o& Labor and Em lo/ment to be used e0clusi,el/ &or the amelioration and bene&it o& wor1ers. An/ decision or resolution o& the (e!ional 5irector or hearin! o&&icer ursuant to this ro,ision ma/ be a ealed on the same !rounds ro,ided in Article 44= o& this Code, within &i,e (?) calendar da/s &rom recei t o& a co / o& said decision or resolution, to the 8ational Labor (elations Commission which shall resol,e the a eal within ten (":) calendar da/s &rom the submission o& the last leadin! re>uired or allowed under its rules.chan robles ,irtual law librar/ The Secretar/ o& Labor and Em lo/ment or his dul/ authorized re resentati,e ma/ su er,ise the a/ment o& un aid wa!es and other monetar/ claims and bene&its, includin! le!al interest, &ound owin! to an/ em lo/ee or househel er under this Code. (As amended b/ Section 4, (e ublic Act 8o. A%"?, Carch 4", "#$#). A(T. 4"%. :urisdiction of the 8a"or Ar"iters and the Commission. - (a) E0ce t as otherwise ro,ided under this Code, the Labor Arbiters shall ha,e ori!inal and e0clusi,e 3urisdiction to hear and decide, within thirt/ (=:) calendar da/s a&ter the submission o& the case b/ the arties &or decision without e0tension, e,en in the absence o& steno!ra hic notes, the &ollowin! cases in,ol,in! all wor1ers, whether a!ricultural or non-a!ricultural7 ". Kn&air labor ractice cases; 4. Termination dis utes;
A(T. "4$. 9isitorial and enforcement po&er. - (a) The Secretar/ o& Labor and Em lo/ment or his dul/ authorized re resentati,es, includin! labor re!ulation o&&icers, shall ha,e access to em lo/erFs records and remises at an/ time o& the da/ or ni!ht whene,er wor1 is bein! underta1en therein, and the ri!ht to co / there&rom, to >uestion an/ em lo/ee and in,esti!ate an/ &act, condition or matter which ma/ be necessar/ to determine ,iolations or which ma/ aid in the en&orcement o& this Code and o& an/ labor law, wa!e order or rules and re!ulations issued ursuant thereto. (b) 8otwithstandin! the ro,isions o& Articles "4# and 4"% o& this Code to the contrar/, and in cases where the relationshi o& em lo/er-em lo/ee still e0ists, the Secretar/ o& Labor and Em lo/ment or his dul/ authorized re resentati,es shall ha,e the ower to issue com liance orders to !i,e e&&ect to the labor standards ro,isions o& this Code and other labor le!islation based on the &indin!s o& labor em lo/ment and en&orcement o&&icers or industrial sa&et/ en!ineers made in the course o& ins ection. The Secretar/ or his dul/ authorized re resentati,es shall issue writs o& e0ecution to the a ro riate authorit/ &or the en&orcement o& their orders, e0ce t in cases where the em lo/er contests the &indin!s o& the labor em lo/ment and en&orcement o&&icer and raises issues su orted b/ documentar/ roo&s which were not considered in the course o& ins ection. (As amended b/ (e ublic Act 8o. %%=:, June 4, "##@). An order issued b/ the dul/ authorized re resentati,e o& the Secretar/ o& Labor and Em lo/ment under this Article ma/ be a ealed to the latter. 'n case said order in,ol,es a monetar/ award, an a eal b/ the em lo/er ma/ be er&ected onl/ u on the ostin! o& a cash or suret/ bond issued b/ a re utable bondin! com an/ dul/ accredited b/ the Secretar/ o& Labor and Em lo/ment in the amount e>ui,alent to the monetar/ award in the order a ealed &rom. (As amended b/ (e ublic Act 8o. %%=:, June 4, "##@). (c) The Secretar/ o& Labor and Em lo/ment ma/ li1ewise order sto a!e o& wor1 or sus ension o& o erations o& an/ unit or de artment o& an establishment when non-com liance with the law or im lementin! rules and re!ulations oses !ra,e and imminent dan!er to the health and sa&et/ o& wor1ers in the wor1 lace. 2ithin twent/-&our hours, a hearin! shall be conducted to determine whether an order &or the sto a!e o& wor1 or sus ension o& o erations shall be li&ted or not. 'n case the ,iolation is attributable to the &ault o& the em lo/er, he shall a/ the em lo/ees concerned their salaries or wa!es durin! the eriod o& such sto a!e o& wor1 or sus ension o& o eration. (d) 't shall be unlaw&ul &or an/ erson or entit/ to obstruct, im ede, dela/ or otherwise render ine&&ecti,e the orders o& the Secretar/ o& Labor and Em lo/ment or his dul/ authorized re resentati,es issued ursuant to the authorit/ !ranted under this Article, and no in&erior court or entit/ shall issue tem orar/ or ermanent in3unction or restrainin! order or otherwise assume 3urisdiction o,er an/ case in,ol,in! the en&orcement orders issued in accordance with this Article. (e) An/ !o,ernment em lo/ee &ound !uilt/ o& ,iolation o&, or abuse o& authorit/, under this Article
5uman B Labor ' B Pro&. Battad B Pa!e "4"

=. '& accom anied with a claim &or reinstatement, those cases that wor1ers ma/ &ile in,ol,in! wa!es, rates o& a/, hours o& wor1 and other terms and conditions o& em lo/ment; @. Claims &or actual, moral, e0em lar/ and other &orms o& dama!es arisin! &rom the em lo/erem lo/ee relations; ?. Cases arisin! &rom an/ ,iolation o& Article 4A@ o& this Code, includin! >uestions in,ol,in! the le!alit/ o& stri1es and loc1outs; and A. E0ce t claims &or Em lo/ees Com ensation, Social Securit/, Cedicare and maternit/ bene&its, all other claims arisin! &rom em lo/er-em lo/ee relations, includin! those o& ersons in domestic or household ser,ice, in,ol,in! an amount e0ceedin! &i,e thousand esos (P?,:::.::) re!ardless o& whether accom anied with a claim &or reinstatement. (b) The Co !""!o# "hall ha$e e%&l'"!$e a((ella)e *'+!",!&)!o# (b) The (e!ional 5irector shall !i,e the em lo/er &i&teen ("?) da/s within which to com l/ with his order be&ore issuin! a writ o& e0ecution. Co / o& such order or writ o& e0ecution shall immediatel/ be &urnished the Secretar/ o& Labor and Em lo/ment. SECT'+8 =. En&orcement ower on health and sa&et/ o& wor1ers. O (a) The (e!ional 5irector ma/ li1ewise order sto a!e o& wor1 or sus ension o& o erations o& an/ unit or de artment o& an establishment when non-com liance with the law, sa&et/ order or im lementin! rules and re!ulations oses !ra,e and imminent dan!er to the health and sa&et/ o& wor1ers in the wor1 lace. (b) 2ithin 4@ hours &rom issuance o& the order o& sto a!e or sus ension, a hearin! shall be conducted to determine whether the order &or the sto a!e o& wor1 or sus ension o& o eration shall be li&ted or not. The roceedin!s shall be terminated within se,ent/-two (%4) hours and a co / o& such order or resolution shall be immediatel/ &urnished the Secretar/ o& Labor and Em lo/ment. 'n case the ,iolation is attributable to the &ault o& the em lo/er, he shall a/ the em lo/ees concerned their salaries or wa!es durin! the eriod o& such sto a!e o& wor1 or sus ension o& o eration. SECT'+8 @. Power to re,iew. O (a) The Secretar/ o& Labor and Em lo/ment, at his own initiati,e or u on re>uest o& the em lo/er andBor em lo/ee, ma/ re,iew the order o& the (e!ional 5irector. The order o& the (e!ional 5irector shall be immediatel/ &inal and e0ecutor/ unless sta/ed b/ the Secretar/ o& Labor and Em lo/ment u on ostin! b/ the em lo/er o& a reasonable cash or suret/ bond as &i0ed b/ the (e!ional 5irector. (b) 'n aid o& his ower o& re,iew, the Secretar/ o& Labor and Em lo/ment ma/ direct the Bureau o& 2or1in! Conditions to e,aluate the &indin!s or orders o& the (e!ional 5irector. The decision o& the Secretar/ o& Labor and Em lo/ment shall be &inal and e0ecutor/. SECT'+8 ?. 'nter&erence and in3unctions rohibited. O 't shall be unlaw&ul &or an/ erson or entit/ to obstruct, im ede, dela/ or otherwise render ine&&ecti,e the e0ercise o& the en&orcement ower o& the Secretar/ o& Labor and Em lo/ment, (e!ional 5irector or their dul/ authorized re resentati,es ursuant to the authorit/ !ranted b/ the Code and its im lementin! rules and re!ulations, and no in&erior court or entit/ shall issue tem orar/ or ermanent in3unction or restrainin! order or otherwise assume 3urisdiction o,er an/ case in,ol,in! the en&orcement orders issued in accordance with the Code. 'n addition to the enalties ro,ided &or b/ the Labor Code, an/ !o,ernment em lo/ees &ound !uilt/ o& ,iolation or abuse o& authorit/, shall be sub3ect to the ro,isions o& Presidential 5ecree 8o. A. Sensin!, su ra Cirineo Bowlin! Plaza ,. .err/
o$e+ all &a"e" ,e&!,e, b- Labo+ A+b!)e+". (c) Cases arisin! &rom the inter retation or im lementation o& collecti,e bar!ainin! a!reements and those arisin! &rom the inter retation or en&orcement o& com an/ ersonnel olicies shall be dis osed o& b/ the Labor Arbiter b/ re&errin! the same to the !rie,ance machiner/ and ,oluntar/ arbitration as ma/ be ro,ided in said a!reements. (As amended b/ Section #, (e ublic Act 8o. A%"?, Carch 4", "#$#). A(T. """. Attorne ;s fees. - (a) 'n cases o& unlaw&ul withholdin! o& wa!es, the cul able art/ ma/ be assessed attorne/Fs &ees e>ui,alent to ten ercent o& the amount o& wa!es reco,ered.
SECT'+8 ". 9isitorial ower. O The Secretar/ o& Labor and Em lo/ment or his dul/ authorized re resentati,es, includin! Labor (e!ulations +&&icers or 'ndustrial Sa&et/ En!ineers, shall ha,e access to em lo/erUs records and remises at an/ time o& the da/ or ni!ht whene,er wor1 is bein! underta1en therein, and ri!ht to co / there&rom, to >uestion an/ em lo/ee, and to in,esti!ate an/ &act, condition or matter rele,ant to the en&orcement o& an/ ro,ision o& the Code and o& an/ labor law, wa!e order or rules and re!ulations issued ursuant thereto. SECT'+8 4. En&orcement ower. O (a) The (e!ional 5irector in cases where em lo/er relations shall e0ist, shall ha,e the ower to order and administer, a&ter due notice and hearin!, com liance with the labor standards ro,isions o& the Code and other labor le!islations based on the &indin!s o& the Labor (e!ulation +&&icers or 'ndustrial Sa&et/ En!ineers (Labor Standard and 2el&are +&&icer) and made in the course o& ins ection, and to issue writs o& e0ecution to the a ro riate authorit/ o& the en&orcement o& his order. 'n line with the ro,isions o& Article "4$ in relation to Articles 4$# and 4#: o& the Labor Code as amended in cases, howe,er, where the em lo/er contests the &indin!s o& the Labor Standards and 2el&are +&&icers and raises issues which cannot be resol,ed without considerin! e,identiar/ matters that are not ,eri&iable in the normal course o& ins ection, the (e!ional 5irector concerned shall indorse the case to the a ro riate arbitration branch o& the 8ational Labor (elations Commission &or ad3udication.
5uman B Labor ' B Pro&. Battad B Pa!e "44
A eals, supra AA% ("##$)
San Ci!uel Cor oration ,. Court o& .uico ,. Sec. o& Labor, 4#$ SC(A
<.
T($r een ( )on ( .a5 ". *istor/ o& the Law 5entech C&!. Cor . ,. 8L(C, supra 4. Co,era!e
=. (ationale, Clauses and L'mitations
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2hereas
-)E,EAS, it is necessar/ to &urther rotect the le,el o& real wa!es &rom the ra,a!e o& worldwide in&lation; -)E,EAS, there has been no increase in the le!al minimum wa!e rates since "#%:; -)E,EAS, the Christmas season is an o ortune time &or societ/ to show its concern &or the li!ht o& the wor1in! masses so the/ ma/ ro erl/ celebrate Christmas and 8ew Tear. Section ". All em lo/ers are hereb/ re>uired to a/ all their em lo/ees recei,in! a basic salar/ o& not more than P",::: a month, re!ardless o& the nature o& their em lo/ment, a "=th-month a/ not later than 5ecember 4@ o& e,er/ /ear. Sec. 4. Em lo/ers alread/ a/in! their em lo/ees a "=th-month a/ or its e>ui,alent are not co,ered b/ this 5ecree. @. a. Supra Amount and 5ate o& Pa/ment Basic 2a!eBCommissions Boie Ta1eda ,. 5ela Serna, 'ran ,. 8L(C, supra
Archilles Canu&acturin! Cor . ,, 8L(C, 4@@ SC(A %?: ("##?)
Kltra 9illa Jood *aus ,. .eniston, =:# SC(A "% ("###)
*onda Phili ines 'nc. ,. Samahan n! Cala/an! Can!!a!awa sa *onda, @A: SC(A "$A (4::?)
5uman B Labor ' B Pro&. Battad B Pa!e "4=
I.
Bon&s ". 8ature
Phili ine 5u licators 'nc. ,. 8L(C, 4@" SC(A =$: ("##?)
b.
Substitute Pa/ment Jramanlis Jarms, 'nc. ,. 8L(C,
"%" SC(A $% ("#$#)
c.
"@th Conth Pa/ 4. ("##?) 5e&inition; 2hen 5emandable Carcos ,. 8L(C, 4@$ SC(A "@A
Qama/a Port *otel ,. 8L(C, "%% SC(A "A: ("#$#)
d.
5iminution Cor . ,. and Ser,ices, 'nc. Business 'n&ormation S/stems ,. 8L(C, 44" SC(A #
5a,ao Jruits Associated Labor Knions, supra
5uman B Labor ' B Pro&. Battad B Pa!e "4@

("##=)Phili ine A liance Cor . ,. Court o& A @=: SC(A ?4? (4::@) eals, A(T. "=". Exceptions. - The rohibitions rescribed b/ the recedin! Article shall not a l/ in an/ o& the &ollowin! cases7 (a) 'n cases o& actual or im endin! emer!encies caused b/ serious accident, &ire, &lood, t/ hoon, earth>ua1e, e idemic or other disasters or calamit/, to re,ent loss o& li&e or ro ert/, or in cases o& force ma7eure or imminent dan!er to ublic sa&et/; (b) 'n case o& ur!ent wor1 to be er&ormed on machineries, e>ui ment or installation, to a,oid serious loss which the em lo/er would otherwise su&&er; (c) 2here the wor1 is necessar/ to re,ent serious loss o& erishable !oods; (d) 2here the woman em lo/ee holds a res onsible osition o& mana!erial or technical nature, or where the woman em lo/ee has been en!a!ed to ro,ide health and wel&are ser,ices; (e) 2here the nature o& the wor1 re>uires the manual s1ill and de0terit/ o& women wor1ers and the same cannot be er&ormed with e>ual e&&icienc/ b/ male wor1ers; (&) 2here the women em lo/ees are immediate members o& the &amil/ o eratin! the establishment or underta1in!; and (!) Knder other analo!ous cases e0em ted b/ the Secretar/ o& Labor and Em lo/ment in a ro riate re!ulations. A(T. "=4. Facilities for &omen. - The Secretar/ o& Labor and Em lo/ment shall establish standards that will ensure the sa&et/ and health o& women em lo/ees. 'n a ro riate cases, he shall, b/ re!ulations, re>uire an/ em lo/er to7 %. WorA$n' Con"$ $ons -or Spec$a# Gro&p o- WorAers ". 2omen, Arts. "=:-"=$; +mnibus (ules, Boo1 ''', (ule <'', Sec. "; Constitution, Arts. '', Sec. "= ) <''', Sec. "@; Con,ention on the Elimination o& All Jorms o& 5iscrimination A!ainst 2omen (CE5A2), Arts. ""-"=; 'L+ Con,ention 8os. ":: ) """ Cha ter ' ECPL+TCE8T +J 2+CE8 A(T. "=:. (ight&or' prohi"ition. - 8o woman, re!ardless o& a!e, shall be em lo/ed or ermitted or su&&ered to wor1, with or without com ensation7 (a) 'n an/ industrial underta1in! or branch thereo& between ten oFcloc1 at ni!ht and si0 oFcloc1 in the mornin! o& the &ollowin! da/; or (b) 'n an/ commercial or non-industrial underta1in! or branch thereo&, other than a!ricultural, between midni!ht and si0 oFcloc1 in the mornin! o& the &ollowin! da/; or (c) 'n an/ a!ricultural underta1in! at ni!httime unless she is !i,en a eriod o& rest o& not less than nine (#) consecuti,e hours. (a) Pro,ide seats ro er &or women and ermit them to use such seats when the/ are &ree &rom wor1 and durin! wor1in! hours, ro,ided the/ can er&orm their duties in this osition without detriment to e&&icienc/; (b) To establish se arate toilet rooms and la,atories &or men and women and ro,ide at least a dressin! room &or women; (c) To establish a nurser/ in a wor1 lace &or the bene&it o& the women em lo/ees therein; and (d) To determine a ro riate minimum a!e and other standards &or retirement or termination in s ecial occu ations such as those o& &li!ht attendants and the li1e. A(T. "==. Maternit lea#e "enefits. - (a) E,er/ em lo/er shall !rant to an/ re!nant woman em lo/ee who has rendered an a!!re!ate ser,ice o& at least si0 (A) months &or the last twel,e ("4) months, maternit/ lea,e o& at least two (4) wee1s rior to the e0 ected date o& deli,er/ and another &our (@) wee1s a&ter normal deli,er/ or abortion with &ull a/ based on her re!ular or a,era!e wee1l/ wa!es. The em lo/er ma/ re>uire &rom an/ woman em lo/ee a l/in! &or maternit/ lea,e the 5uman B Labor ' B Pro&. Battad B Pa!e "4?
American 2ire and Cable 5ail/ (ated Em lo/ees Knion ,. American 2ire and Cable Co., 'nc., @?% SC(A A$@ (4::?)

roduction o& a medical certi&icate statin! that deli,er/ will robabl/ ta1e lace within two wee1s. (b) The maternit/ lea,e shall be e0tended without a/ on account o& illness medicall/ certi&ied to arise out o& the re!nanc/, deli,er/, abortion or miscarria!e, which renders the woman un&it &or wor1, unless she has earned unused lea,e credits &rom which such e0tended lea,e ma/ be char!ed. (c) The maternit/ lea,e ro,ided in this Article shall be aid b/ the em lo/er onl/ &or the &irst &our (@) deli,eries b/ a woman em lo/ee a&ter the e&&ecti,it/ o& this Code. A(T. "=@. Famil planning ser#ices< incenti#es for famil planning. - (a) Establishments which are re>uired b/ law to maintain a clinic or in&irmar/ shall ro,ide &ree &amil/ lannin! ser,ices to their em lo/ees which shall include, but not be limited to, the a lication or use o& contrace ti,e ills and intrauterine de,ices. (b) 'n coordination with other a!encies o& the !o,ernment en!a!ed in the romotion o& &amil/ lannin!, the 5e artment o& Labor and Em lo/ment shall de,elo and rescribe incenti,e bonus schemes to encoura!e &amil/ lannin! amon! &emale wor1ers in an/ establishment or enter rise. A(T. "=?. %iscrimination prohi"ited. - 't shall be unlaw&ul &or an/ em lo/er to discriminate a!ainst an/ woman em lo/ee with res ect to terms and conditions o& em lo/ment solel/ on account o& her se0. The &ollowin! are acts o& discrimination7 (a) Pa/ment o& a lesser com ensation, includin! wa!e, salar/ or other &orm o& remuneration and &rin!e bene&its, to a &emale em lo/ees as a!ainst a male em lo/ee, &or wor1 o& e>ual ,alue; and (b) Ja,orin! a male em lo/ee o,er a &emale em lo/ee with res ect to romotion, trainin! o ortunities, stud/ and scholarshi !rants solel/ on account o& their se0es. Criminal liabilit/ &or the will&ul commission o& an/ unlaw&ul act as ro,ided in this Article or an/ ,iolation o& the rules and re!ulations issued ursuant to Section 4 hereo& shall be enalized as ro,ided in Articles 4$$ and 4$# o& this Code7 Pro,ided, That the institution o& an/ criminal action under this ro,ision shall not bar the a!!rie,ed em lo/ee &rom &ilin! an entirel/ se arate and distinct action &or mone/ claims, which ma/ include claims &or dama!es and other a&&irmati,e relie&s. The actions hereb/ authorized shall roceed inde endentl/ o& each other. (As amended b/ (e ublic Act 8o. A%4?, Ca/ "4, "#$#). A(T. "=A. Stipulation against marriage. - 't shall be unlaw&ul &or an em lo/er to re>uire as a condition o& em lo/ment or continuation o& em lo/ment that a woman em lo/ee shall not !et married, or to sti ulate e0 ressl/ or tacitl/ that u on !ettin! married, a woman em lo/ee shall be deemed resi!ned or se arated, or to actuall/ dismiss, dischar!e, discriminate or otherwise re3udice a woman em lo/ee merel/ b/ reason o& her marria!e. A(T. "=%. Prohi"ited acts. - (a) 't shall be unlaw&ul &or an/ em lo/er7 (") To den/ an/ woman em lo/ee the bene&its ro,ided &or in this Cha ter or to dischar!e an/ woman em lo/ed b/ him &or the ur ose o& re,entin! her &rom en3o/in! an/ o& the bene&its ro,ided under this Code. (4) To dischar!e such woman on account o& her re!nanc/, or while on lea,e or in con&inement due to her re!nanc/; (=) To dischar!e or re&use the admission o& such woman u on returnin! to her wor1 &or &ear that she ma/ a!ain be re!nant. A(T. "=$. Classification of certain &omen &or'ers . An/ woman who is ermitted or su&&ered to wor1, with or without com ensation, in an/ ni!ht club, coc1tail loun!e, massa!e clinic, bar or similar establishments under the e&&ecti,e control or su er,ision o& the em lo/er &or a substantial eriod o& time as determined b/ the Secretar/ o& Labor and Em lo/ment, shall be considered as an em lo/ee o& such establishment &or ur oses o& labor and social le!islation. (KLE <'' Em lo/ment o& 2omen and Cinors SECT'+8 ". .eneral statement on co,era!e. O This (ule shall a l/ to all em lo/ers, whether o eratin! &or ro&it or not, includin! educational, reli!ious and charitable institutions, e0ce t to the .o,ernment and to !o,ernment-owned or controlled cor orations and to em lo/ers o& household hel ers and ersons in their ersonal ser,ice inso&ar as such wor1ers are concerned.
Con&tit/tion Art. II, Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. A T!C"# $!!! % A'=#+ Section 14. The State shall protect wor)ing women by providing safe and healthful wor)ing conditions, ta)ing into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to reali(e their full potential in the service of the nation.
CEDAW
Article << -. States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular; ,a1 The right to wor) as an inalienable right of all human beings<
5uman B Labor ' B Pro&. Battad B Pa!e "4A

,b1 The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment< ,c1 The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training< ,d1 The right to equal remuneration, including benefits, and to equal treatment in respect of wor) of equal value, as well as equality of treatment in the evaluation of the quality of wor)< ,e1 The right to social security, particularly in cases of retirement, unemployment, sic)ness, invalidity and old age and other incapacity to wor), as well as the right to paid leave< ,f1 The right to protection of health and to safety in wor)ing conditions, including the safeguarding of the function of reproduction. .. !n order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to wor), States 5arties shall ta)e appropriate measures; ,a1 To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status< ,b1 To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances< ,c1 To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with wor) responsibilities and participation in public life, in particular through promoting the establishment and development of a networ) of child-care facilities< ,d1 To provide special protection to women during pregnancy in types of wor) proved to be harmful to them. 4. 5rotective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological )nowledge and shall be revised, repealed or e*tended as necessary. Article <: -. States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. .. +otwithstanding the provisions of paragraph ! of this article, States 5arties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. Article <= States 5arties shall ta)e all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular; ,a1 The right to family benefits< ,b1 The right to ban) loans, mortgages and other forms of financial credit< ,c1 The right to participate in recreational activities, sports and all aspects of cultural life.
C177 EE&a# Re,&nera $on Con6en $on2 1/11 Con,ention concernin! E>ual (emuneration &or Cen and 2omen 2or1ers &or 2or1 o& E>ual 9alue (8ote7 5ate o& comin! into &orce7 4=7:?7"#?=.) Con,ention7C":: Place7.ene,a Session o& the Con&erence7=@ 5ate o& ado tion74#7:A7"#?" Sub3ect classi&ication7 E>ual (emuneration Sub3ect classi&ication7 2omen Sub3ect7 EE&a#$ 5 o- Oppor &n$ 5 an" Trea ,en
The .eneral Con&erence o& the 'nternational Labour +r!anisation, *a,in! been con,ened at .ene,a b/ the .o,ernin! Bod/ o& the 'nternational Labour +&&ice, and ha,in! met in its Thirt/-&ourth Session on A June "#?", and *a,in! decided u on the ado tion o& certain ro osals with re!ard to the rinci le o& e>ual remuneration &or men and women wor1ers &or wor1 o& e>ual ,alue, which is the se,enth item on the a!enda o& the session, and *a,in! determined that these ro osals shall ta1e the &orm o& an international Con,ention, ado ts this twent/-ninth da/ o& June o& the /ear one thousand nine hundred and &i&t/-one the &ollowin! Con,ention, which ma/ be cited as the E>ual (emuneration Con,ention, "#?"7 Article " Jor the ur ose o& this Con,ention-(a) the term remuneration includes the ordinar/, basic or minimum wa!e or salar/ and an/ additional emoluments whatsoe,er a/able directl/ or indirectl/, whether in cash or in 1ind, b/ the em lo/er to the wor1er and arisin! out o& the wor1erUs em lo/ment; (b) the term equal remuneration for men and women workers for work of equal value re&ers to rates o& remuneration established without discrimination based on se0. 5uman B Labor ' B Pro&. Battad B Pa!e "4%

Article 4 ". Each Cember shall, b/ means a ro riate to the methods in o eration &or determinin! rates o& remuneration, romote and, in so &ar as is consistent with such methods, ensure the a lication to all wor1ers o& the rinci le o& e>ual remuneration &or men and women wor1ers &or wor1 o& e>ual ,alue. 4. This rinci le ma/ be a lied b/ means o&-Article % ". 5eclarations communicated to the 5irector.eneral o& the 'nternational Labour +&&ice in accordance with ara!ra h 4 o& Article =? o& the Constitution o& the 'nternational Labour +r!anisation shall indicate -a) the territories in res ect o& which the Cember concerned underta1es that the ro,isions o& the Con,ention shall be a lied without modi&ication; b) the territories in res ect o& which it underta1es that the ro,isions o& the Con,ention shall be a lied sub3ect to modi&ications, to!ether with details o& the said modi&ications; c) the territories in res ect o& which the Con,ention is ina licable and in such cases the !rounds on which it is ina licable; d) the territories in res ect o& which it reser,es its decision endin! &urther consideration o& the osition. 4. The underta1in!s re&erred to in sub ara!ra hs (a) and (b) o& ara!ra h " o& this Article shall be deemed to be an inte!ral art o& the rati&ication and shall ha,e the &orce o& rati&ication. =. An/ Cember ma/ at an/ time b/ a subse>uent declaration cancel in whole or in art an/ reser,ation made in its ori!inal declaration in ,irtue o& sub ara!ra h (b), (c) or (d) o& ara!ra h " o& this Article. @. An/ Cember ma/, at an/ time at which the Con,ention is sub3ect to denunciation in accordance with the ro,isions o& Article #, communicate to the 5irector-.eneral a declaration modi&/in! in an/ other res ect the terms o& an/ &ormer declaration and statin! the resent osition in res ect o& such territories as it ma/ s eci&/. Article $ ". 5eclarations communicated to the 5irector.eneral o& the 'nternational Labour +&&ice in accordance with ara!ra h @ or ? o& Article =? o& the Constitution o& the 'nternational Labour +r!anisation shall indicate whether the ro,isions o& the Con,ention will be a lied in the territor/ concerned without modi&ication or sub3ect to modi&ications; when the declaration indicates that the ro,isions o& the Con,ention will be a lied sub3ect to modi&ications, it shall !i,e details o& the said modi&ications. 4. The Cember, Cembers or international authorit/ concerned ma/ at an/ time b/ a subse>uent declaration renounce in whole or in art the ri!ht to ha,e recourse to an/ modi&ication indicated in an/ &ormer declaration. =. The Cember, Cembers or international authorit/ concerned ma/, at an/ time at which this Con,ention is sub3ect to denunciation in accordance with the ro,isions o& Article #, communicate to the 5irector.eneral a declaration modi&/in! in an/ other res ect the terms o& an/ &ormer declaration and statin! the resent osition in res ect o& the a lication o& the Con,ention. 5uman B Labor ' B Pro&. Battad B Pa!e "4$
(a) national laws or re!ulations; (b) le!all/ established or reco!nised machiner/ &or wa!e determination; (c) collecti,e a!reements between em lo/ers and wor1ers; or (d) a combination o& these ,arious means. Article = ". 2here such action will assist in !i,in! e&&ect to the ro,isions o& this Con,ention measures shall be ta1en to romote ob3ecti,e a raisal o& 3obs on the basis o& the wor1 to be er&ormed. 4. The methods to be &ollowed in this a raisal ma/ be decided u on b/ the authorities res onsible &or the determination o& rates o& remuneration, or, where such rates are determined b/ collecti,e a!reements, b/ the artYes thereto. =. 5i&&erential rates between wor1ers which corres ond, without re!ard to se0, to di&&erences, as determined b/ such ob3ecti,e a raisal, in the wor1 to be er&ormed shall not be considered as bein! contrar/ to the rinci le o& e>ual remuneration &or men and women wor1ers &or wor1 o& e>ual ,alue. Article @ Each Cember shall co-o erate as a ro riate with the em lo/ersU and wor1ersU or!anisations concerned &or the ur ose o& !i,in! e&&ect to the ro,isions o& this Con,ention. Article ? The &ormal rati&ications o& this Con,ention shall be communicated to the 5irector-.eneral o& the 'nternational Labour +&&ice &or re!istration. Article A ". This Con,ention shall be bindin! onl/ u on those Cembers o& the 'nternational Labour +r!anisation whose rati&ications ha,e been re!istered with the 5irector-.eneral. 4. 't shall come into &orce twel,e months a&ter the date on which the rati&ications o& two Cembers ha,e been re!istered with the 5irector-.eneral. =. Therea&ter, this Con,ention shall come into &orce &or an/ Cember twel,e months a&ter the date on which its rati&ication has been re!istered.

Article # ". A Cember which has rati&ied this Con,ention ma/ denounce it a&ter the e0 iration o& ten /ears &rom the date on which the Con,ention &irst comes into &orce, b/ an act communicated to the 5irector-.eneral o& the 'nternational Labour +&&ice &or re!istration. Such denunciation shall not ta1e e&&ect until one /ear a&ter the date on which it is re!istered. 4. Each Cember which has rati&ied this Con,ention and which does not, within the /ear &ollowin! the e0 iration o& the eriod o& ten /ears mentioned in the recedin! ara!ra h, e0ercise the ri!ht o& denunciation ro,ided &or in this Article, will be bound &or another eriod o& ten /ears and, therea&ter, ma/ denounce this Con,ention at the e0 iration o& each eriod o& ten /ears under the terms ro,ided &or in this Article. Article ": ". The 5irector-.eneral o& the 'nternational Labour +&&ice shall noti&/ all Cembers o& the 'nternational Labour +r!anisation o& the re!istration o& all rati&ications, declarations and denunciations communicated to him b/ the Cembers o& the +r!anisation. 4. 2hen noti&/in! the Cembers o& the +r!anisation o& the re!istration o& the second rati&ication communicated to him, the 5irector-.eneral shall draw the attention o& the Cembers o& the +r!anisation to the date u on which the Con,ention will come into &orce. Article "" The 5irector-.eneral o& the 'nternational Labour +&&ice shall communicate to the Secretar/-.eneral o& the Knited 8ations &or re!istration in accordance with Article ":4 o& the Charter o& the Knited 8ations &ull articulars o& all rati&ications, declarations and acts o& denunciation re!istered b/ him in accordance with the ro,isions o& the recedin! articles. Article "4 At such times as ma/ consider necessar/ the .o,ernin! Bod/ o& the 'nternational Labour +&&ice shall resent to the .eneral Con&erence a re ort on the wor1in! o& this Con,ention and shall e0amine the desirabilit/ o& lacin! on the a!enda o& the Con&erence the >uestion o& its re,ision in whole or in art. Article "= ". Should the Con&erence ado t a new Con,ention re,isin! this Con,ention in whole or in art, then, unless the new Con,ention otherwise ro,ides-a) the rati&ication b/ a Cember o& the new re,isin! Con,ention shall i so 3ure in,ol,e the immediate denunciation o& this Con,ention, notwithstandin! the ro,isions o& Article # abo,e, i& and when the new re,isin! Con,ention shall ha,e come into &orce; b) as &rom the date when the new re,isin! Con,ention comes into &orce this Con,ention shall cease to be o en to rati&ication b/ the Cembers. 4. This Con,ention shall in an/ case remain in &orce in its actual &orm and content &or those Cembers which ha,e rati&ied it but ha,e not rati&ied the re,isin! Con,ention.
Article "@ The En!lish and Jrench ,ersions o& the te0t o& this Con,ention are e>uall/ authoritati,e. C111 D$scr$,$na $on ?E,p#o5,en an" Occ&pa $on@ Con6en $on2 1/18 Con,ention concernin! 5iscrimination in (es ect o& Em lo/ment and +ccu ation (8ote7 5ate o& comin! into &orce7 "?7:A7"#A:.) Con,ention7C""" Place7.ene,a Session o& the Con&erence7@4 5ate o& ado tion74?7:A7"#?$ Sub3ect classi&ication7 8on-discrimination (Em lo/ment and +ccu ation) Sub3ect classi&ication7 2omen Sub3ect7 EE&a#$ 5 o- Oppor &n$ 5 an" Trea ,en
The .eneral Con&erence o& the 'nternational Labour +r!anisation, *a,in! been con,ened at .ene,a b/ the .o,ernin! Bod/ o& the 'nternational Labour +&&ice, and ha,in! met in its Jort/-second Session on @ June "#?$, and *a,in! decided u on the ado tion o& certain ro osals with re!ard to discrimination in the &ield o& em lo/ment and occu ation, which is the &ourth item on the a!enda o& the session, and *a,in! determined that these ro osals shall ta1e the &orm o& an international Con,ention, and Considerin! that the 5eclaration o& Philadel hia a&&irms that all human bein!s, irres ecti,e o& race, creed or se0, ha,e the ri!ht to ursue both their material well-bein! and their s iritual de,elo ment in conditions o& &reedom and di!nit/, o& economic securit/ and e>ual o ortunit/, and Considerin! &urther that discrimination constitutes a ,iolation o& ri!hts enunciated b/ the Kni,ersal 5eclaration o& *uman (i!hts, ado ts this twent/-&i&th da/ o& June o& the /ear one thousand nine hundred and &i&t/-ei!ht the &ollowin! Con,ention, which ma/ be cited as the 5iscrimination (Em lo/ment and +ccu ation) Con,ention, "#?$7 Article " ". Jor the ur ose o& this Con,ention the term discrimination includes-(a) an/ distinction, e0clusion or re&erence made on the basis o& race, colour, se0, reli!ion, olitical o inion, national e0traction or social ori!in, which has the e&&ect o& nulli&/in! or im airin! e>ualit/ o& 5uman B Labor ' B Pro&. Battad B Pa!e "4#

o ortunit/ or treatment in em lo/ment or occu ation; (b) such other distinction, e0clusion or re&erence which has the e&&ect o& nulli&/in! or im airin! e>ualit/ o& o ortunit/ or treatment in em lo/ment or occu ation as ma/ be determined b/ the Cember concerned a&ter consultation with re resentati,e em lo/ersU and wor1ersU or!anisations, where such e0ist, and with other a ro riate bodies. 4. An/ distinction, e0clusion or re&erence in res ect o& a articular 3ob based on the inherent re>uirements thereo& shall not be deemed to be discrimination. =. Jor the ur ose o& this Con,ention the terms employment and occupation include access to ,ocational trainin!, access to em lo/ment and to articular occu ations, and terms and conditions o& em lo/ment. Article 4 Each Cember &or which this Con,ention is in &orce underta1es to declare and ursue a national olic/ desi!ned to romote, b/ methods a ro riate to national conditions and ractice, e>ualit/ o& o ortunit/ and treatment in res ect o& em lo/ment and occu ation, with a ,iew to eliminatin! an/ discrimination in res ect thereo&. Article = Each Cember &or which this Con,ention is in &orce underta1es, b/ methods a ro riate to national conditions and ractice-(a) to see1 the co-o eration o& em lo/ersU and wor1ersU or!anisations and other a ro riate bodies in romotin! the acce tance and obser,ance o& this olic/; (b) to enact such le!islation and to romote such educational ro!rammes as ma/ be calculated to secure the acce tance and obser,ance o& the olic/; (c) to re eal an/ statutor/ ro,isions and modi&/ an/ administrati,e instructions or ractices which are inconsistent with the olic/; (d) to ursue the olic/ in res ect o& em lo/ment under the direct control o& a national authorit/; (e) to ensure obser,ance o& the olic/ in the acti,ities o& ,ocational !uidance, ,ocational trainin! and lacement ser,ices under the direction o& a national authorit/; (&) to indicate in its annual re orts on the a lication o& the Con,ention the action ta1en in ursuance o& the olic/ and the results secured b/ such action. Article @ An/ measures a&&ectin! an indi,idual who is 3usti&iabl/ sus ected o&, or en!a!ed in, acti,ities re3udicial to the securit/ o& the State shall not be deemed to be discrimination, ro,ided that the indi,idual concerned shall ha,e the ri!ht to a eal to a com etent bod/ established in accordance with national ractice. Article ? ". S ecial measures o& rotection or assistance ro,ided &or in other Con,entions or (ecommendations ado ted b/ the 'nternational Labour Con&erence shall not be deemed to be discrimination. 4. An/ Cember ma/, a&ter consultation with re resentati,e em lo/ersU and wor1ersU or!anisations, where such e0ist, determine that other s ecial measures desi!ned to meet the articular re>uirements o& ersons who, &or reasons such as se0, a!e, disablement, &amil/ res onsibilities or social or cultural status, are !enerall/ reco!nised to re>uire s ecial rotection or assistance, shall not be deemed to be discrimination. Article A Each Cember which rati&ies this Con,ention underta1es to a l/ it to non-metro olitan territories in accordance with the ro,isions o& the Constitution o& the 'nternational Labour +r!anisation. Article % The &ormal rati&ications o& this Con,ention shall be communicated to the 5irector-.eneral o& the 'nternational Labour +&&ice &or re!istration. Article $ ". This Con,ention shall be bindin! onl/ u on those Cembers o& the 'nternational Labour +r!anisation whose rati&ications ha,e been re!istered with the 5irector-.eneral. 4. 't shall come into &orce twel,e months a&ter the date on which the rati&ications o& two Cembers ha,e been re!istered with the 5irector-.eneral. =. Therea&ter, this Con,ention shall come into &orce &or an/ Cember twel,e months a&ter the date on which its rati&ication has been re!istered. Article # ". A Cember which has rati&ied this Con,ention ma/ denounce it a&ter the e0 iration o& ten /ears &rom the date on which the Con,ention &irst comes into &orce, b/ an act communicated to the 5irector-.eneral o& the 'nternational Labour +&&ice &or re!istration. Such denunciation shall not ta1e e&&ect until one /ear a&ter the date on which it is re!istered. 4. Each Cember which has rati&ied this Con,ention and which does not, within the /ear &ollowin! the e0 iration o& the eriod o& ten /ears mentioned in the recedin! ara!ra h, e0ercise the ri!ht o& denunciation ro,ided &or in this Article, will be bound &or another eriod o& ten /ears and, therea&ter, ma/ denounce this Con,ention at the e0 iration o& each eriod o& ten /ears under the terms ro,ided &or in this Article. Article ": 5uman B Labor ' B Pro&. Battad B Pa!e "=:

". The 5irector-.eneral o& the 'nternational Labour +&&ice shall noti&/ all Cembers o& the 'nternational Labour +r!anisation o& the re!istration o& all rati&ications and denunciations communicated to him b/ the Cembers o& the +r!anisation. 4. 2hen noti&/in! the Cembers o& the +r!anisation o& the re!istration o& the second rati&ication communicated to him, the 5irector-.eneral shall draw the attention o& the Cembers o& the +r!anisation to the date u on which the Con,ention will come into &orce. Article "" The 5irector-.eneral o& the 'nternational Labour +&&ice shall communicate to the Secretar/-.eneral o& the Knited 8ations &or re!istration in accordance with Article ":4 o& the Charter o& the Knited 8ations &ull articulars o& all rati&ications and acts o& denunciation re!istered b/ him in accordance with the ro,isions o& the recedin! Articles. Article "4 At such times as it ma/ consider necessar/ the .o,ernin! Bod/ o& the 'nternational Labour +&&ice shall resent to the .eneral Con&erence a re ort on the wor1in! o& this Con,ention and shall e0amine the desirabilit/ o& lacin! on the a!enda o& the Con&erence the >uestion o& its re,ision in whole or in art. Article "= ". Should the Con&erence ado t a new Con,ention re,isin! this Con,ention in whole or in art, then, unless the new Con,ention otherwise ro,ides7 a) the rati&ication b/ a Cember o& the new re,isin! Con,ention shall i so 3ure in,ol,e the immediate denunciation o& this Con,ention, notwithstandin! the ro,isions o& Article # abo,e, i& and when the new re,isin! Con,ention shall ha,e come into &orce; b) as &rom the date when the new re,isin! Con,ention comes into &orce, this Con,ention shall cease to be o en to rati&ication b/ the Cembers. 4. This Con,ention shall in an/ case remain in &orce in its actual &orm and content &or those Cembers which ha,e rati&ied it but ha,e not rati&ied the re,isin! Con,ention. Article "@ The En!lish and Jrench ,ersions o& the te0t o& this Con,ention are e>uall/ authoritati,e. a. E>ualit/7 Substanti,e E>ualit/ (eadin!s7 Bartlett, Qatharine, =ender 8a&, in 5u1e Journal o& .ender Law and Polic/ ("##@) Formal E.ualit and Su"stanti#e E.ualit in the Te0tboo1 on .ender and the Law b/ An!ela *arris Baldoz, (osalinda, :o" discrimination against &omen in the &or' 5uman B Labor ' B Pro&. Battad B Pa!e "=" Jormal E>ualit/ ,s. Phil. Tele!ra h and Tele hone Co. ,. 8L(C, 4%4 SC(A ?#A ("##%) b. 2omen under the Constitution, Art. '', Sec. "@; Art <''', Sec "@ Phili ine Association Ser,ice E0 orters ,. 5rilon, "A= SC(A =$A ("#$$) o& en#ironment/ the Philippine setting, P8,, 9ol. 1>, (o. 2 ?1333@.

(&) 2here the women em lo/ees are immediate members o& the &amil/ o eratin! the establishment or underta1in!; and (!) Knder other analo!ous cases e0em ted b/ the Secretar/ o& Labor and Em lo/ment in a ro riate re!ulations.
c.
Co,era!e, (ule <'', Sec. '
Em lo/ment o& 2omen and Cinors SECT'+8 ". .eneral statement on co,era!e. O This (ule shall a l/ to all em lo/ers, whether o eratin! &or ro&it or not, includin! educational, reli!ious and charitable institutions, e0ce t to the .o,ernment and to !o,ernment-owned or controlled cor orations and to em lo/ers o& household hel ers and ersons in their ersonal ser,ice inso&ar as such wor1ers are concerned.
#)
5iscrimination, Art. "=?
A(T. "=?. %iscrimination prohi"ited. - 't shall be unlaw&ul &or an/ em lo/er to discriminate a!ainst an/ woman em lo/ee with res ect to terms and conditions o& em lo/ment solel/ on account o& her se0. The &ollowin! are acts o& discrimination7 (a) Pa/ment o& a lesser com ensation, includin! wa!e, salar/ or other &orm o& remuneration and &rin!e bene&its, to a &emale em lo/ees as a!ainst a male em lo/ee, &or wor1 o& e>ual ,alue; and (b) Ja,orin! a male em lo/ee o,er a &emale em lo/ee with res ect to romotion, trainin! o ortunities, stud/ and scholarshi !rants solel/ on account o& their se0es. Criminal liabilit/ &or the will&ul commission o& an/ unlaw&ul act as ro,ided in this Article or an/ ,iolation o& the rules and re!ulations issued ursuant to Section 4 hereo& shall be enalized as ro,ided in Articles 4$$ and 4$# o& this Code7 Pro,ided, That the institution o& an/ criminal action under this ro,ision shall not bar the a!!rie,ed em lo/ee &rom &ilin! an entirel/ se arate and distinct action &or mone/ claims, which ma/ include claims &or dama!es and other a&&irmati,e relie&s. The actions hereb/ authorized shall roceed inde endentl/ o& each other. (As amended b/ (e ublic Act 8o. A%4?, Ca/ "4, "#$#). ":) Sti ulation A!ainst Carria!e, Art. "=A
d. ")
Prohibited Acts 8i!ht 2or1BE0ce tion, Art. "=:-"="
A(T. "=:. (ight&or' prohi"ition. - 8o woman, re!ardless o& a!e, shall be em lo/ed or ermitted or su&&ered to wor1, with or without com ensation7 (a) 'n an/ industrial underta1in! or branch thereo& between ten oFcloc1 at ni!ht and si0 oFcloc1 in the mornin! o& the &ollowin! da/; or (b) 'n an/ commercial or non-industrial underta1in! or branch thereo&, other than a!ricultural, between midni!ht and si0 oFcloc1 in the mornin! o& the &ollowin! da/; or (c) 'n an/ a!ricultural underta1in! at ni!httime unless she is !i,en a eriod o& rest o& not less than nine (#) consecuti,e hours. A(T. "=". Exceptions. - The rohibitions rescribed b/ the recedin! Article shall not a l/ in an/ o& the &ollowin! cases7 (a) 'n cases o& actual or im endin! emer!encies caused b/ serious accident, &ire, &lood, t/ hoon, earth>ua1e, e idemic or other disasters or calamit/, to re,ent loss o& li&e or ro ert/, or in cases o& force ma7eure or imminent dan!er to ublic sa&et/; (b) 'n case o& ur!ent wor1 to be er&ormed on machineries, e>ui ment or installation, to a,oid serious loss which the em lo/er would otherwise su&&er; (c) 2here the wor1 is necessar/ to re,ent serious loss o& erishable !oods; (d) 2here the woman em lo/ee holds a res onsible osition o& mana!erial or technical nature, or where the woman em lo/ee has been en!a!ed to ro,ide health and wel&are ser,ices; (e) 2here the nature o& the wor1 re>uires the manual s1ill and de0terit/ o& women wor1ers and the same cannot be er&ormed with e>ual e&&icienc/ b/ male wor1ers;
A(T. "=A. Stipulation against marriage. - 't shall be unlaw&ul &or an em lo/er to re>uire as a condition o& em lo/ment or continuation o& em lo/ment that a woman em lo/ee shall not !et married, or to sti ulate e0 ressl/ or tacitl/ that u on !ettin! married, a woman em lo/ee shall be deemed resi!ned or se arated, or to actuall/ dismiss, dischar!e, discriminate or otherwise re3udice a woman em lo/ee merel/ b/ reason o& her marria!e. 5uncan Association 5etailman M PT.2+ ,. .la0o 2ellcome Phili 'nc., @=$ SC(A =@= (4::@) o& ines,
5uman B Labor ' B Pro&. Battad B Pa!e "=4

lannin!, the 5e artment o& Labor and Em lo/ment shall de,elo and rescribe incenti,e bonus schemes to encoura!e &amil/ lannin! amon! &emale wor1ers in an/ establishment or enter rise. e. S ecial 2omen 2or1ers, "=$
"") 5ischar!e on Account o& Pre!nanc/, Art. "=%
A(T. "=%. Prohi"ited acts. - (a) 't shall be unlaw&ul &or an/ em lo/er7 (") To den/ an/ woman em lo/ee the bene&its ro,ided &or in this Cha ter or to dischar!e an/ woman em lo/ed b/ him &or the ur ose o& re,entin! her &rom en3o/in! an/ o& the bene&its ro,ided under this Code. (4) To dischar!e such woman on account o& her re!nanc/, or while on lea,e or in con&inement due to her re!nanc/; (=) To dischar!e or re&use the admission o& such woman u on returnin! to her wor1 &or &ear that she ma/ a!ain be re!nant.
A(T. "=$. Classification of certain &omen &or'ers . An/ woman who is ermitted or su&&ered to wor1, with or without com ensation, in an/ ni!ht club, coc1tail loun!e, massa!e clinic, bar or similar establishments under the e&&ecti,e control or su er,ision o& the em lo/er &or a substantial eriod o& time as determined b/ the Secretar/ o& Labor and Em lo/ment, shall be considered as an em lo/ee o& such establishment &or ur oses o& labor and social le!islation. &. Caternit/ Lea,e, Social Securit/ Law o& "##% ((A ""A", as amended b/ (A $4$4), Sec. "@-A, (A $4$ WSEC. "@-A. Maternit 8ea#e Benefit. ! A &emale member who has aid at least three (=) monthl/ contributions in the twel,e-month eriod immediatel/ recedin! the semester o& her childbirth or miscarria!e shall be aid a dail/ maternit/ bene&it e>ui,alent to one hundred ercent ("::P) o& her a,era!e dail/ salar/ credit &or si0t/ (A:) da/s or se,ent/-ei!ht (%$) da/s in case o& caesarian deli,er/, sub3ect to the &ollowin! conditions7 W(a) That the em lo/ee shall ha,e noti&ied her em lo/er o& her re!nanc/ and the robable date o& her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and re!ulations it ma/ ro,ide; W(b) The &ull a/ment shall be ad,anced b/ the em lo/er within thirt/ (=:) da/s &rom the &ilin! o& the maternit/ lea,e a lication; W(c) That a/ment o& dail/ maternit/ bene&its shall be a bar to the reco,er/ o& sic1ness bene&its ro,ided b/ this Act &or the same eriod &or which dail/ maternit/ bene&its ha,e been recei,ed; W(d) That the maternit/ bene&its ro,ided under this section shall be aid onl/ &or the &irst &our (@) deli,eries or miscarria!es; W(e) That the SSS shall immediatel/ reimburse the em lo/er o& one hundred ercent ("::P) o& the amount o& maternit/ bene&its ad,anced to the em lo/ee b/ the em lo/er u on recei t o& satis&actor/ roo& o& such a/ment and le!alit/ thereo&; and W(&) That i& an em lo/ee member should !i,e birth or su&&er miscarria!e without the re>uired contributions ha,in! been remitted &or her b/ her em lo/er to the SSS, or without the latter ha,in! been re,iousl/ noti&ied b/ the em lo/er o& the time o& the re!nanc/, the em lo/er shall a/ to the SSS dama!es e>ui,alent to the bene&its which said em lo/ee member would otherwise ha,e been entitled to. !. Se0ual *arassment ((A %$%%)
d.
Jacilities, Art. "=4, "=@
A(T. "=4. Facilities for &omen. - The Secretar/ o& Labor and Em lo/ment shall establish standards that will ensure the sa&et/ and health o& women em lo/ees. 'n a ro riate cases, he shall, b/ re!ulations, re>uire an/ em lo/er to7 (a) Pro,ide seats ro er &or women and ermit them to use such seats when the/ are &ree &rom wor1 and durin! wor1in! hours, ro,ided the/ can er&orm their duties in this osition without detriment to e&&icienc/; (b) To establish se arate toilet rooms and la,atories &or men and women and ro,ide at least a dressin! room &or women; (c) To establish a nurser/ in a wor1 lace &or the bene&it o& the women em lo/ees therein; and (d) To determine a ro riate minimum a!e and other standards &or retirement or termination in s ecial occu ations such as those o& &li!ht attendants and the li1e. A(T. "=@. Famil planning ser#ices< incenti#es for famil planning. - (a) Establishments which are re>uired b/ law to maintain a clinic or in&irmar/ shall ro,ide &ree &amil/ lannin! ser,ices to their em lo/ees which shall include, but not be limited to, the a lication or use o& contrace ti,e ills and intrauterine de,ices. (b) 'n coordination with other a!encies o& the !o,ernment en!a!ed in the romotion o& &amil/
RE#",(IC ACT N!. 7877

5uman B Labor ' B Pro&. Battad B Pa!e "==

AN ACT EC(ARIN) SEX"A( +ARASS$ENT "N(AA*"( IN T+E E$#(!D$ENT, E "ACATI!N !R TRAININ) EN@IR!N$ENT, AN *!R !T+ER #"R#!SES Be it enacted by the !enate and /ouse of Representatives of the hilippines in Congress assembled9 Section -. Title. % This Act shall be )nown as the MAnti-Se*ual 9arassment Act of -88/.M Sec. .. Declaration of Policy. % The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of wor)ers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of se*ual harassment in the employment, education or training environment are hereby declared unlawful. Sec. 4. Aor), #ducation or Training-related Se*ual 9arassment 2efined. % Aor), education or training-related se*ual harassment is committed by an 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 wor) or training or education environment, demands, requests or otherwise requires any se*ual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. ,a1 !n a wor)-related or employment environment, se*ual harassment is committed when; ,-1 The se*ual 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 se*ual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee< ,.1 The above acts would impair the employee?s rights or privileges under e*isting labor laws< or ,41 The above acts would result in an intimidating, hostile, or offensive environment for the employee. ,b1 !n an education or training environment, se*ual harassment is committed; ,-1 Against one who is under the care, custody or supervision of the offender< ,.1 Against one whose education, training, apprenticeship or tutorship is entrusted to the offender< ,41 Ahen the se*ual 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 considerations< or ,01 Ahen the se*ual 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 se*ual 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. Sec.0. Duty of the )mployer or 5ead of &ffice in a %or-*related$ )ducation or Training )nvironment. % !t shall be the duty of the employer or the head of the wor)-related, educational or training environment or institution, to prevent or deter the commission of acts of se*ual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of se*ual harassment. Towards this end, the employer or head of office shall; ,a1 5romulgate appropriate rules and regulations in consultation with the jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or se*ual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of se*ual harassment. The said rules and regulations issued pursuant to this section ,a1 shall include, among others, guidelines on proper decorum in the wor)place and educational or training institutions. ,c1 Create a committee on decorum and investigation of cases on se*ual harassment. The committee shall conduct meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of se*ual harassment. !t shall also conduct the investigation of the alleged cases constituting se*ual harassment. !n the case of a wor)-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 ran), and from the ran) and file employees. !n the case of the educational or training institution, the committee shall be composed of at least one ,-1 representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.
5uman B Labor ' B Pro&. Battad B Pa!e "=@

MThe employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned. Sec. /. Liability of the )mployer$ 5ead of &ffice$ )ducational or Training (nstitution. % The employer or head of office, educational training institution shall be solidarily liable for damage arising from the acts of se*ual 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 ta)en thereon. Sec. 3. (ndependent Action for Damages. % +othing in this Act shall preclude the victim of wor), education or training-related se*ual harassment from instituting a separate and independent action for damages and other affirmative relief. Sec. 6. Penalties. % Any person who violates the provisions of this Act shall, upon conviction, be penali(ed by imprisonment of not less than one ,-1 month nor more than si* ,31 months, or a fine of not less than Ten thousand pesos ,5-7,7771 nor more than Twenty thousand pesos ,5.7,7771, or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provision of this Act shall prescribe in three ,41 years. Sec. >. +eparability Clause % !f any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration. Sec.8. Repealing Clause. % All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec.-7. )ffectivity Clause. % This Act shall ta)e effect fifteen ,-/1 days after its complete publication in at least two ,.1 national newspaper of general circulation.
("###) Libres ,. 8L(C, =:% SC(A A%?
Phili ine Aelous Automoti,e Knited Cor . ,. 8L(C, =="SC(A 4=% (4:::)
(enato S. .atbonton ,. 8L(C, et al., @%# SC(A @"A (4::A)
5uman B Labor ' B Pro&. Battad B Pa!e "=?

&egun and held in =etro =anila, on =onday, the twenty-eighth day of @uly, two thousand three.
4. Cinors
Re1/57ic Act No. 9231
ece65er 19, 2003
(e&erence7 Art.s "=#-"@:; +mnibus (ules, Boo1 ''', (ule <'', Secs. 4-=; S ecial Protection o& Children Act o& 4::= ((A %A":, as amended b/ (A #4="); 'L+ Con,ention 8o."$4 and 'L+ (ecommendation 8o. "#: ECPL+TCE8T +J C'8+(S A(T. "=#. Minimum emplo a"le age. - (a) 8o child below &i&teen ("?) /ears o& a!e shall be em lo/ed, e0ce t when he wor1s directl/ under the sole res onsibilit/ o& his arents or !uardian, and his em lo/ment does not in an/ wa/ inter&ere with his schoolin!. (b) An/ erson between &i&teen ("?) and ei!hteen ("$) /ears o& a!e ma/ be em lo/ed &or such number o& hours and such eriods o& the da/ as determined b/ the Secretar/ o& Labor and Em lo/ment in a ro riate re!ulations. (c) The &ore!oin! ro,isions shall in no case allow the em lo/ment o& a erson below ei!hteen ("$) /ears o& a!e in an underta1in! which is hazardous or deleterious in nature as determined b/ the Secretar/ o& Labor and Em lo/ment. A(T. "@:. Prohi"ition against child discrimination. 8o em lo/er shall discriminate a!ainst an/ erson in res ect to terms and conditions o& em lo/ment on account o& his a!e. SECT'+8 4. Em lo/able a!e. O Children below &i&teen ("?) /ears o& a!e ma/ be allowed to wor1 under the direct res onsibilit/ o& their arents or !uardians in an/ non-hazardous underta1in! where the wor1 will not in an/ wa/ inter&ere with their schoolin!. 'n such cases, the children shall not be considered as em lo/ees o& the em lo/ers or their arents or !uardians. SECT'+8 =. Eli!ibilit/ &or em lo/ment. O An/ erson o& either se0, between "? and "$ /ears o& a!e, ma/ be em lo/ed in an/ non-hazardous wor1. 8o em lo/er shall discriminate a!ainst such erson in re!ard to terms and conditions o& em lo/ment on account o& his a!e. Jor ur oses o& this (ule, a non-hazardous wor1 or underta1in! shall mean an/ wor1 or acti,it/ in which the em lo/ee is not e0 osed to an/ ris1 which constitutes an imminent dan!er to his sa&et/ and health. The Secretar/ o& Labor and Em lo/ment shall &rom time to time ublish a list o& hazardous wor1 and acti,ities in which ersons "$ /ears o& a!e and below cannot be em lo/ed.
AN ACT #R!@I IN) *!R T+E E(I$INATI!N !* T+E A!RST *!R$S !* C+I( (A,!R AN A**!R IN) STR!N)ER #R!TECTI!N *!R T+E A!REIN) C+I( , A$EN IN) *!R T+IS #"R#!SE RE#",(IC ACTN!. 7610, AS A$EN E , !T+ERAISE EN!AN AS T+E FS#ECIA( #R!TECTI!N !* C+I( REN A)AINST C+I( A,"SE, EX#(!ITATI!N AN ISCRI$INATI!N ACTF .e it enacted by the +enate and the 5ouse of Representatives of the Philippines in Congress assembled; Section 1. Section . of epublic Act +o. 63-7, as amended, otherwise )nown as the MSpecial 5rotection of Children Against Child Abuse, #*ploitation and 2iscrimination ActM, is hereby amended to read as follows; MSec. .. Declaration of +tate Policy and Principles. - !t is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, e*ploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms< provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, e*ploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, e*ploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. M!t shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. MThe best interests of children shall be the paramount consideration in all actions concerning them, whether underta)en by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of Cirst Call for Children as enunciated in the Bnited +ations Convention on the ights of the Child. #very effort shall be e*erted to promote the welfare of children and enhance their opportunities for a useful and happy life.M Section 2. Section -. of the same Act, as amended, is hereby further amended to read as follows; MSec. .. )mployment of Children - Children below fifteen ,-/1 years of age shall not be employed e*cept;
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Re1/57ic o' t0e #0i7i11ine& Con9re&& o' t0e #0i7i11ine& =etro =anila T2e7't0 Con9re&& T0ir3 Re9/74r Se&&ion

M-1 Ahen a child wor)s directly under the sole responsibility of hisHher parents or legal guardian and where only members of hisHher family are employed; Provided$ ho#ever$ That hisHher employment neither endangers hisHher life, safety, health, and morals, nor impairs hisHher normal development; Provided$ further, That the parent or legal guardian shall provide the said child with the prescribed primary andHor secondary education< or M.1 Ahere a childJs employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential; Provided, That the employment contract is concluded by the childJs parents or legal guardian, with the e*press agreement of the child concerned, if possible, and the approval of the 2epartment of "abor and #mployment; Provided$ further, That the following requirements in all instances are strictly complied with; M,a1 The employer shall ensure the protection, health, safety, morals and normal development of the child< M,b1 The employer shall institute measures to prevent the childJs e*ploitation or discrimination ta)ing into account the system and level of remuneration, and the duration and arrangement of wor)ing time< and M,c1 The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and s)ills acquisition of the child. M!n the above-e*ceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a wor) permit from the 2epartment of "abor and #mployment which shall ensure observance of the above requirements. MCor purposes of this Article, the term MchildM shall apply to all persons under eighteen ,->1 years of age.M Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections -.-A, -.-&, -.-C, and -.-2 to read as follows; MSec. .-A. 5ours of %or- of a %or-ing Child. - Bnder the e*ceptions provided in Section -. of this Act, as amended; M,-1 A child below fifteen ,-/1 years of age may be allowed to wor) for not more than twenty ,.71 hours a wee); Provided, That the wor) shall not be more than four ,01 hours at any given day< M,.1 A child fifteen ,-/1 years of age but below eighteen ,->1 shall not be allowed to wor) for more than eight ,>1 hours a day, and in no case beyond forty ,071 hours a wee)< M,41 +o child below fifteen ,-/1 years of age shall be allowed to wor) between eight oJcloc) in the evening and si* oJcloc) in the morning of the following day and no child fifteen ,-/1 years of age but below eighteen ,->1 shall be allowed to wor) between ten oJcloc) in the evening and si* oJcloc) in the morning of the following day.M MSec. -.-&. &#nership$ 3sage and Administration of the %or-ing Child=s (ncome. - The wages, salaries, earnings and other income of the wor)ing child shall belong to himHher in ownership and shall be set aside primarily for hisHher support, education or s)ills acquisition and secondarily to the collective needs of the family; Provided$ That not more than twenty percent ,.7K1 of the childJs income may be used for the collective needs of the family. MThe income of the wor)ing child andHor the property acquired through the wor) of the child shall be administered by both parents. !n the absence or incapacity of either of the parents, the other parent shall administer the same. !n case both parents are absent or incapacitated, the order of preference on parental authority as provided for under the Camily Code shall apply. MSec. -.-C. Trust 1und to Preserve Part of the %or-ing Child=s (ncome. * The parent or legal guardian of a wor)ing child below eighteen ,->1 years of age shall set up a trust fund for at least thirty percent ,47K1 of the earnings of the child whose wages and salaries from wor) and other income amount to at least two hundred thousand pesos ,5.77,777.771 annually, for which heHshe shall render a semi-annual accounting of the fund to the 2epartment of "abor and #mployment, in compliance with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority. MSec. -.-2. Prohibition Against %orst 1orms of Child Labor. - +o child shall be engaged in the worst forms of child labor. The phrase Mworst forms of child laborM shall refer to any of the following; M,-1 All forms of slavery, as defined under the MAntitraffic)ing in 5ersons Act of .774M, or practices similar to slavery such as sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict< or M,.1 The use, procuring, offering or e*posing of a child for prostitution, for the production of pornography or for pornographic performances< or M,41 The use, procuring or offering of a child for illegal or illicit activities, including the production and traffic)ing of dangerous drugs and volatile substances prohibited under e*isting laws< or M,01 Aor) which, by its nature or the circumstances in which it is carried out, is ha(ardous or li)ely to be harmful to the health, safety or morals of children, such that it; Ma1 2ebases, degrades or demeans the intrinsic worth and dignity of a child as a human being< or
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Mb1 #*poses the child to physical, emotional or se*ual abuse, or is found to be highly stressful psychologically or may prejudice morals< or Mc1 !s performed underground, underwater or at dangerous heights< or Md1 !nvolves the use of dangerous machinery, equipment and tools such as power-driven or e*plosive power-actuated tools< or Me1 #*poses the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads< or Mf1 !s performed in an unhealthy environment e*posing the child to ha(ardous wor)ing conditions, elements, substances, co-agents or processes involving ioni(ing, radiation, fire, flammable substances, no*ious components and the li)e, or to e*treme temperatures, noise levels, or vibrations< or Mg1 !s performed under particularly difficult conditions< or Mh1 #*poses the child to biological agents such as bacteria, fungi, viruses, proto(oans, nematodes and other parasites< or Mi1 !nvolves the manufacture or handling of e*plosives and other pyrotechnic products.M Section 4. Section -4 of the same Act is hereby amended to read as follows; MSec. -4. Access to )ducation and Training for %or-ing Children - Ma1 +o child shall be deprived of formal or non-formal education. !n all cases of employment allowed in this Act, the employer shall provide a wor)ing child with access to at least primary and secondary education. Mb1 To ensure and guarantee the access of the wor)ing child to education and training, the 2epartment of #ducation ,2#5#21 shall; ,-1 formulate, promulgate, and implement relevant and effective course designs and educational programs< ,.1 conduct the necessary training for the implementation of the appropriate curriculum for the purpose< ,41 ensure the availability of the needed educational facilities and materials< and ,01 conduct continuing research and development program for the necessary and relevant alternative education of the wor)ing child. Mc1 The 2#5#2 shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of wor)ing children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances.M Section 5. Section -0 of the same Act is hereby amended to read as follows; MSec. -0. Prohibition on the )mployment of Children in Certain Advertisements. - +o child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, into*icating drin)s, tobacco and its byproducts, gambling or any form of violence or pornography.M Section 6. Section -3 of the same Act, is hereby amended to read as follows; MSec. -3. Penal Provisions * Ma1 Any employer who violates Sections -., -.-A, and Section -0 of this act, as amended, shall be penali(ed by imprisonment of si* ,31 months and one ,-1 day to si* ,31 years or a fine of not less than Cifty thousand pesos ,5/7,777.771 but not more than Three hundred thousand pesos ,5477,777.771 or both at the discretion of the court. Mb1 Any person who violates the provision of Section -.-2 of this act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in ha(ardous wor), shall suffer the penalty of a fine of not less than 'ne hundred thousand pesos ,5-77,777.771 but not more than 'ne million pesos ,5-,777,777.771, or imprisonment of not less than twelve ,-.1 years and one ,-1 day to twenty ,.71 years, or both such fine and imprisonment at the discretion of the court. Mc1 Any person who violates Sections -.-2,-1 and -.2,.1 shall be prosecuted and penali(ed in accordance with the penalty provided for by . A. 8.7> otherwise )nown as the MAnti-traffic)ing in 5ersons Act of .774M; Provided$ That Such penalty shall be imposed in its ma*imum period. Md1 Any person who violates Section -.-2 ,41 shall be prosecuted and penali(ed in accordance with .A. 8-3/, otherwise )nown as the MComprehensive 2angerous 2rugs Act of .77.M< Provided, That such penalty shall be imposed in its ma*imum period. Me1 !f a corporation commits any of the violations aforecited, the board of directorsHtrustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or )nowingly allowed the violation, shall be penali(ed accordingly as provided for under this Section. Mf1 5arents, biological or by legal fiction, and legal guardians found to be violating Sections -., -.-A, -.& and -.-C of this Act shall pay a fine of not less than Ten thousand pesos ,5-7,777.771 but not more than 'ne hundred thousand pesos ,5-77,777.771, or be required to render community service for not less than thirty ,471 days but not more than one ,-1 year, or both such fine and community service at the discretion of the court; Provided$ That the ma*imum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act three ,41 times< Provided$ further, That in addition to the community service, the
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penalty of imprisonment of thirty ,471 days but not more than one ,-1 year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three ,41 times. Mg1 The Secretary, of "abor and #mployment or hisHher duly authori(ed representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than three ,41 times. 9eHshe shall li)ewise order the immediate closure of such firm or establishment if; M,-1 The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment< or M,.1 Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. Mh1 !n case of such closure, the employer shall be required to pay the employee,s1 the separation pay and other monetary benefits provided for by law.M Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section -3-A, to read as follows; MSec. -3-A. Trust 1und from 1ines and Penalties * The fine imposed by the court shall be treated as a Trust Cund, administered by the 2epartment of "abor and #mployment and disbursed e*clusively for the needs, including the costs of rehabilitation and reintegration into the mainstream of society of the wor)ing children who are victims of the violations of this Act, and for the programs and projects that will prevent acts of child labor.M Section 8. Section .6 of the same Act is hereby amended to read as follows; MSec. .6. %ho 'ay 1ile a Complaint - Complaints on cases of unlawful acts committed against children as enumerated herein may be filed by the following; M,a1 'ffended party< M,b1 5arents or guardians< M,c1 Ascendant or collateral relative within the third degree of consanguinity< M,d1 'fficer, social wor)er or representative of a licensed child-caring institution< M,e1 'fficer or social wor)er of the 2epartment of Social Aelfare and 2evelopment< M,f1 &arangay chairman of the place where the violation occurred, where the child is residing or employed< or M,g1 At least three ,41 concerned, responsible citi(ens where the violation occurred.M Section 9. The same Act is hereby further amended by adding new sections to Section -3 to be denominated as Sections -3-A, -3-& and -3-C to read as follows; MSec. -3-A. !urisdiction - The family courts shall have original jurisdiction over all cases involving offenses punishable under this Act; Provided$ That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged. MThe preliminary investigation of cases filed under this Act shall be terminated within a period of thirty ,471 days from the date of filing. M!f the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty eight ,0>1 hours from the termination of the investigation. MTrial of cases under this Act shall be terminated by the court not later than ninety ,871 days from the date of filing of information. 2ecision on said cases shall be rendered within a period of fifteen ,-/1 days from the date of submission of the case. MSec. -/. )4emptions from 1iling 1ees. - Ahen the victim of child labor institutes a separate civil action for the recovery of civil damages, heHshe shall be e*empt from payment of filing fees. MSec. -3-C. Access to (mmediate Legal$ 'edical and Psycho*+ocial +ervices - The wor)ing child shall have the right to free legal, medical and psycho-social services to be provided by the State.M Section 10. (mplementing Rules and Regulations The Secretary of "abor and #mployment, in coordination with the Committees on "abor and #mployment of both 9ouses of Congress, shall issue the necessary !mplementing ules and egulations ,! 1 to effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within si*ty ,371 days from the effectivity of this Act. Such rules and regulations shall ta)e effect upon their publication in two ,.1 national newspapers of general circulation. Section 11. +eparability Clause. - !f any provision of this Act is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect. Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
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Section 13. )ffectivity. - This Act shall ta)e effect fifteen ,-/1 days from the date of its complete publication in the &fficial a/ette or in at least two ,.1 national newspapers of general circulation. C182 Aor&t *or6& o' C0i73 (45o/r Con.ention, 1999 Convention concerning the 5rohibition and !mmediate Action for the #limination of the Aorst Corms of Child "abour ,+ote; 2ate of coming into force; -8;--;.7771 Convention;C->. 5lace;:eneva Session of the Conference;>6 2ate of adoption;-6;73;-888 Subject classification; #limination of Child "abour Subject classification; Children and Ioung 5ersons Subject; E7i6in4tion o' C0i73 (45o/r 4n3 #rotection o' C0i73ren 4n3 Do/n9 #er&on& ecalling that some of the worst forms of child labour are covered by other international instruments, in particular the Corced "abour Convention, -847, and the Bnited +ations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and !nstitutions and 5ractices Similar to Slavery, -8/3, and 9aving decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and 9aving determined that these proposals shall ta)e the form of an international Convention< adopts this seventeenth day of @une of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Aorst Corms of Child "abour Convention, -888. Article The :eneral Conference of the !nternational "abour 'rgani(ation, 9aving been convened at :eneva by the :overning &ody of the !nternational "abour 'ffice, and having met in its >6th Session on - @une -888, and Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the ecommendation concerning =inimum Age for Admission to #mployment, -864, which remain fundamental instruments on child labour, and Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, ta)ing into account the importance of free basic education and the need to remove the children concerned from all such wor) and to provide for their rehabilitation and social integration while addressing the needs of their families, and ecalling the resolution concerning the elimination of child labour adopted by the !nternational "abour Conference at its >4rd Session in -883, and ecogni(ing that child labour is to a great e*tent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and ecalling the Convention on the ights of the Child adopted by the Bnited +ations :eneral Assembly on .7 +ovember -8>8, and ecalling the !"' 2eclaration on Cundamental 5rinciples and ights at Aor) and its Collow-up, adopted by the !nternational "abour Conference at its >3th Session in -88>, and #ach =ember which ratifies this Convention shall ta)e immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Article . Cor the purposes of this Convention, the term child shall apply to all persons under the age of ->. Article 4 Cor the purposes of this Convention, the term the $orst forms of child labour comprises; ,a1 all forms of slavery or practices similar to slavery, such as the sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict< ,b1 the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances< ,c1 the use, procuring or offering of a child for illicit activities, in particular for the production and traffic)ing of drugs as defined in the relevant international treaties< ,d1 wor) which, by its nature or the circumstances in which it is carried out, is li)ely to harm the health, safety or morals of children. Article 0 -. The types of wor) referred to under Article 4,d1 shall be determined by national laws or regulations or by the competent authority, after consultation with the organi(ations of employers and wor)ers concerned, ta)ing into consideration relevant international standards, in particular 5aragraphs 4 and 0 of the Aorst Corms of Child "abour ecommendation, -888.
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.. The competent authority, after consultation with the organi(ations of employers and wor)ers concerned, shall identify where the types of wor) so determined e*ist. 4. The list of the types of wor) determined under paragraph - of this Article shall be periodically e*amined and revised as necessary, in consultation with the organi(ations of employers and wor)ers concerned. Article / #ach =ember shall, after consultation with employersJ and wor)ersJ organi(ations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention. Article 3 -. #ach =ember shall design and implement programmes of action to eliminate as a priority the worst forms of child labour. .. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employersJ and wor)ersJ organi(ations, ta)ing into consideration the views of other concerned groups as appropriate. Article 6 -. #ach =ember shall ta)e all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions. .. #ach =ember shall, ta)ing into account the importance of education in eliminating child labour, ta)e effective and time-bound measures to; ,a1 prevent the engagement of children in the worst forms of child labour< ,b1 provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration< ,c1 ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour< ,d1 identify and reach out to children at special ris)< and ,e1 ta)e account of the special situation of girls. 4. #ach =ember shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention. Article > =embers shall ta)e appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation andHor assistance including support for social and economic development, poverty eradication programmes and universal education. Article 8 The formal ratifications of this Convention shall be communicated to the 2irector-:eneral of the !nternational "abour 'ffice for registration. Article -7 -. This Convention shall be binding only upon those =embers of the !nternational "abour 'rgani(ation whose ratifications have been registered with the 2irector-:eneral of the !nternational "abour 'ffice. .. !t shall come into force -. months after the date on which the ratifications of two =embers have been registered with the 2irector-:eneral. 4. Thereafter, this Convention shall come into force for any =ember -. months after the date on which its ratification has been registered. Article --. A =ember which has ratified this Convention may denounce it after the e*piration of ten years from the date on which the Convention first comes into force, by an act communicated to the 2irector-:eneral of the !nternational "abour 'ffice for registration. Such denunciation shall not ta)e effect until one year after the date on which it is registered. .. #ach =ember which has ratified this Convention and which does not, within the year following the e*piration of the period of ten years mentioned in the preceding paragraph, e*ercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the e*piration of each period of ten years under the terms provided for in this Article. Article -. -. The 2irector-:eneral of the !nternational "abour 'ffice shall notify all =embers of the !nternational "abour 'rgani(ation of the registration of all ratifications and acts of denunciation communicated by the =embers of the 'rgani(ation. .. Ahen notifying the =embers of the 'rgani(ation of the registration of the second ratification, the 2irector:eneral shall draw the attention of the =embers of the 'rgani(ation to the date upon which the Convention shall come into force. Article -4
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The 2irector-:eneral of the !nternational "abour 'ffice shall communicate to the Secretary-:eneral of the Bnited +ations, for registration in accordance with article -7. of the Charter of the Bnited +ations, full particulars of all ratifications and acts of denunciation registered by the 2irector-:eneral in accordance with the provisions of the preceding Articles. Article -0 At such times as it may consider necessary, the :overning &ody of the !nternational "abour 'ffice shall present to the :eneral Conference a report on the wor)ing of this Convention and shall e*amine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part. Article -/ -. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -,a1 the ratification by a =ember of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article -- above, if and when the new revising Convention shall have come into force< ,b1 as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the =embers. .. This Convention shall in any case remain in force in its actual form and content for those =embers which have ratified it but have not ratified the revising Convention. Article -3 The #nglish and Crench versions of the te*t of this Convention are equally authoritative. R190 Aor&t *or6& o' C0i73 (45o/r Reco66en34tion, 1999 ecommendation concerning the prohibition and immediate action for the elimination of the worst forms of child labour 5lace;:eneva Session of the Conference;>6 2ate of adoption;-6;73;-888 Subject classification; #limination of Child "abour Subject classification; Children and Ioung 5ersons Subject; E7i6in4tion o' C0i73 (45o/r 4n3 #rotection o' C0i73ren 4n3 Do/n9 #er&on& met in its #ighty-seventh Session on - @une -888, and 9aving adopted the Aorst Corms of Child "abour Convention, -888, and 9aving decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and 9aving determined that these proposals shall ta)e the form of a ecommendation supplementing the Aorst Corms of Child "abour Convention, -888< adopts this seventeenth day of @une of the year one thousand nine hundred and ninety-nine the following ecommendation, which may be cited as the Aorst Corms of Child "abour ecommendation, -888. -. The provisions of this ecommendation supplement those of the Aorst Corms of Child "abour Convention, -888 ,hereafter referred to as Mthe ConventionM1, and should be applied in conjunction with them. !. 5rogrammes of action .. The programmes of action referred to in Article 3 of the Convention should be designed and implemented as a matter of urgency, in consultation with relevant government institutions and employersJ and wor)ersJ organi(ations, ta)ing into consideration the views of the children directly affected by the worst forms of child labour, their families and, as appropriate, other concerned groups committed to the aims of the Convention and this ecommendation. Such programmes should aim at, inter alia; ,a1 identifying and denouncing the worst forms of child labour< ,b1 preventing the engagement of children in or removing them from the worst forms of child labour, protecting them from reprisals and providing for their rehabilitation and social integration through measures which address their educational, physical and psychological needs< ,c1 giving special attention to; ,i1 younger children< ,ii1 the girl child< ,iii1 the problem of hidden wor) situations, in which girls are at special ris)< ,iv1 other groups of children with special vulnerabilities or needs< ,d1 identifying, reaching out to and wor)ing with communities where children are at special ris)<
The :eneral Conference of the !nternational "abour 'rgani(ation, 9aving been convened at :eneva by the :overning &ody of the !nternational "abour 'ffice, and having
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,e1 informing, sensiti(ing and mobili(ing public opinion and concerned groups, including children and their families. !!. 9a(ardous wor) 4. !n determining the types of wor) referred to under Article 4,d1 of the Convention, and in identifying where they e*ist, consideration should be given, inter alia, to; ,a1 wor) which e*poses children to physical, psychological or se*ual abuse< ,b1 wor) underground, under water, at dangerous heights or in confined spaces< ,c1 wor) with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads< ,d1 wor) in an unhealthy environment which may, for e*ample, e*pose children to ha(ardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health< ,e1 wor) under particularly difficult conditions such as wor) for long hours or during the night or wor) where the child is unreasonably confined to the premises of the employer. 0. Cor the types of wor) referred to under Article 4,d1 of the Convention and 5aragraph 4 above, national laws or regulations or the competent authority could, after consultation with the wor)ersJ and employersJ organi(ations concerned, authori(e employment or wor) as from the age of -3 on condition that the health, safety and morals of the children concerned are fully protected, and that the children have received adequate specific instruction or vocational training in the relevant branch of activity. !!!. !mplementation /. ,-1 2etailed information and statistical data on the nature and e*tent of child labour should be compiled and )ept up to date to serve as a basis for determining priorities for national action for the abolition of child labour, in particular for the prohibition and elimination of its worst forms as a matter of urgency. ,.1 As far as possible, such information and statistical data should include data disaggregated by se*, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location. The importance of an effective system of birth registration, including the issuing of birth certificates, should be ta)en into account. ,41 elevant data concerning violations of national provisions for the prohibition and elimination of the worst forms of child labour should be compiled and )ept up to date. 3. The compilation and processing of the information and data referred to in 5aragraph / above should be carried out with due regard for the right to privacy. 6. The information compiled under 5aragraph / above should be communicated to the !nternational "abour 'ffice on a regular basis. >. =embers should establish or designate appropriate national mechanisms to monitor the implementation of national provisions for the prohibition and elimination of the worst forms of child labour, after consultation with employersJ and wor)ersJ organi(ations. 8. =embers should ensure that the competent authorities which have responsibilities for implementing national provisions for the prohibition and elimination of the worst forms of child labour cooperate with each other and coordinate their activities. -7. +ational laws or regulations or the competent authority should determine the persons to be held responsible in the event of non-compliance with national provisions for the prohibition and elimination of the worst forms of child labour. --. =embers should, in so far as it is compatible with national law, cooperate with international efforts aimed at the prohibition and elimination of the worst forms of child labour as a matter of urgency by; ,a1 gathering and e*changing information concerning criminal offences, including those involving international networ)s< ,b1 detecting and prosecuting those involved in the sale and traffic)ing of children, or in the use, procuring or offering of children for illicit activities, for prostitution, for the production of pornography or for pornographic performances< ,c1 registering perpetrators of such offences. -.. =embers should provide that the following worst forms of child labour are criminal offences; ,a1 all forms of slavery or practices similar to slavery, such as the sale and traffic)ing of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict< ,b1 the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances< and ,c1 the use, procuring or offering of a child for illicit activities, in particular for the production and traffic)ing of drugs as defined in the relevant international treaties, or for activities which involve the unlawful carrying or use of firearms or other weapons. -4. =embers should ensure that penalties including, where appropriate, criminal penalties are applied for
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violations of the national provisions for the prohibition and elimination of any type of wor) referred to in Article 4,d1 of the Convention. -0. =embers should also provide as a matter of urgency for other criminal, civil or administrative remedies, where appropriate, to ensure the effective enforcement of national provisions for the prohibition and elimination of the worst forms of child labour, such as special supervision of enterprises which have used the worst forms of child labour, and, in cases of persistent violation, consideration of temporary or permanent revo)ing of permits to operate. -/. 'ther measures aimed at the prohibition and elimination of the worst forms of child labour might include the following; ,a1 informing, sensiti(ing and mobili(ing the general public, including national and local political leaders, parliamentarians and the judiciary< ,b1 involving and training employersJ and wor)ersJ organi(ations and civic organi(ations< ,c1 providing appropriate training for the government officials concerned, especially inspectors and law enforcement officials, and for other relevant professionals< ,d1 providing for the prosecution in their own country of the =emberJs nationals who commit offences under its national provisions for the prohibition and immediate elimination of the worst forms of child labour even when these offences are committed in another country< ,e1 simplifying legal and administrative procedures and ensuring that they are appropriate and prompt< ,f1 encouraging the development of policies by underta)ings to promote the aims of the Convention< ,g1 monitoring and giving publicity to best practices on the elimination of child labour< ,h1 giving publicity to legal or other provisions on child labour in the different languages or dialects< ,i1 establishing special complaints procedures and ma)ing provisions to protect from discrimination and reprisals those who legitimately e*pose violations of the provisions of the Convention, as well as establishing helplines or points of contact and ombudspersons< ,j1 adopting appropriate measures to improve the educational infrastructure and the training of teachers to meet the needs of boys and girls< ,)1 as far as possible, ta)ing into account in national programmes of action; ,i1 the need for job creation and vocational training for the parents and adults in the families of children wor)ing in the conditions covered by the Convention< and ,ii1 the need for sensiti(ing parents to the problem of children wor)ing in such conditions. -3. #nhanced international cooperation andHor assistance among =embers for the prohibition and effective elimination of the worst forms of child labour should complement national efforts and may, as appropriate, be developed and implemented in consultation with employersJ and wor)ersJ organi(ations. Such international cooperation andHor assistance should include; ,a1 mobili(ing resources for national or international programmes< ,b1 mutual legal assistance< ,c1 technical assistance including the e*change of information< ,d1 support for social and economic development, poverty eradication programmes and universal education.
a. Sec. "= Cinors under the Constitution, Art. '',
Section 13. The State recogni(es the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. !t shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
b. Co,era!e, (A #4=", Sec. 4, Sec. "4; Boo1 ''', (ule <'', Sec. " (See Abo,e) c. Em lo/ment o& Children, Art. "=#; (A %A":, Sec. "4-"A; DOLE )e,o C$rc&#ar No. >2 S 1//8 ReF <aGar"o&s an" Non=<aGar"o&s Es ab#$s(,en s (A %A": ar. = on
ARTIC(E @III Aor8in9 C0i73ren Section 12. )mployment of Children. - Children below fifteen ,-/1 years of age may be employed e*cept; ,-1 Ahen a child wor)s directly under the sole responsibility of his parents or legal guardian and where only members of the employerJs family are employed; 5rovided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development; 5rovided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary andHor secondary education< or
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,.1 Ahen a childJs employment or participation in public R entertainment or information through cinema, theater, radio or television is essential; 5rovided, The employment contract concluded by the childJs parent or guardian, with the e*press agreement of the child concerned, if possible, and the approval of the 2epartment of "abor and #mployment; 5rovided, That the following requirements in all instances are strictly complied with; ,a1 The employer shall ensure the protection, health, safety and morals of the child< ,b1 the employer shall institute measures to prevent the childJs e*ploitation or discrimination ta)ing into account the system and level of remuneration, and the duration and arrangement of wor)ing time< and< ,c1 The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and s)ill acquisition of the child. !n the above e*ceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a wor) permit from the 2epartment of "abor and #mployment which shall ensure observance of the above requirement. The 2epartment of "abor #mployment shall promulgate rules and regulations necessary for the effective implementation of this Section. Section 13. Non*formal )ducation for %or-ing Children. - The 2epartment of #ducation, Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of wor)ing children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances. Section 14. Prohibition on the )mployment of Children in Certain Advertisements. - +o person shall employ child models in all commercials or advertisements promoting alcoholic beverages, into*icating drin)s, tobacco and its byproducts and violence. Section 15. Duty of )mployer. - #very employer shall comply with the duties provided for in Articles -7> and -78 of 5residential 2ecree +o. 374. Section 16. Penalties. - Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than 'ne thousand pesos ,5-,7771 but not more than Ten thousand pesos ,5-7,7771 or imprisonment of not less than three ,41 months but not more than three ,41 years, or both at the discretion of the court< 5rovided, That, in case of repeated violations of the provisions of this Article, the offenderJs license to operate shall be revo)ed.
=. *ousehel ersBCare!i,ers d. "4-a *ours o& 2or1, (A #4=", Sec. = on Sec.
e. Prohibitions A!ainst 2orst Jorms o& Child Labor, Sec. = on Sec. "4-d; Sec ? on sec. "@
&. !. (eadin!7
5iscrimination, Art. "@: Jurisdiction, Sec. # on Sec. "A-A
5el (osario and Bon!a, Issues and =aps =o#erning Child Labor, in Child Labor in the Phili ines, A (e,iew o& Selected Studies and Polic/ Pa ers, . "%$-"$= (4:::).
(e&erence7 Arts. "@"-"?4; +mnibus (ules, Boo1 ''', (ule <''' Cha ter ''' ECPL+TCE8T +J *+KSE*ELPE(S A(T. "@". Co#erage. - This Cha ter shall a l/ to all ersons renderin! ser,ices in households &or com ensation. $%omestic or household ser#ice$ shall mean ser,ice in the em lo/erFs home which is usuall/ necessar/ or desirable &or the maintenance and en3o/ment thereo& and includes ministerin! to the ersonal com&ort and con,enience o& the members o& the em lo/erFs household, includin! ser,ices o& &amil/ dri,ers. A(T. "@4. Contract of domestic ser#ice. - The ori!inal contract o& domestic ser,ice shall not last &or more than two (4) /ears but it ma/ be renewed &or such eriods as ma/ be a!reed u on b/ the arties. A(T. "@=. Minimum &age. - (a) *ousehel ers shall be aid the &ollowin! minimum wa!e rates7 (") Ei!ht hundred esos (P$::.::) a month &or househel ers in Canila, Luezon, Pasa/, and Caloocan cities and munici alities o& Ca1ati, San Juan, Candalu/on!, Cuntinlu a, 8a,otas, Calabon, ParaSa>ue, Las PiSas, Pasi!, Cari1ina, 9alenzuela, Ta!ui! and Pateros in Cetro Canila and in hi!hl/ urbanized cities; 5uman B Labor ' B Pro&. Battad B Pa!e "@?

(4) Si0 hundred &i&t/ esos (PA?:.::) a month &or those in other chartered cities and &irst-class munici alities; and (=) Ji,e hundred &i&t/ esos (P??:.::) a month &or those in other munici alities. Pro,ided, That the em lo/ers shall re,iew the em lo/ment contracts o& their househel ers e,er/ three (=) /ears with the end in ,iew o& im ro,in! the terms and conditions thereo&. Pro,ided, &urther, That those househel ers who are recei,in! at least +ne thousand esos (P",:::.::) shall be co,ered b/ the Social Securit/ S/stem (SSS) and be entitled to all the bene&its ro,ided thereunder. (As amended b/ (e ublic Act 8o. %A??, Au!ust "#, "##=). A(T. "@@. Minimum cash &age. - The minimum wa!e rates rescribed under this Cha ter shall be the basic cash wa!es which shall be aid to the househel ers in addition to lod!in!, &ood and medical attendance. A(T. "@?. Assignment to non!household &or'. - 8o househel er shall be assi!ned to wor1 in a commercial, industrial or a!ricultural enter rise at a wa!e or salar/ rate lower than that ro,ided &or a!ricultural or non-a!ricultural wor1ers as rescribed herein. A(T. "@A. *pportunit for education. - '& the househel er is under the a!e o& ei!hteen ("$) /ears, the em lo/er shall !i,e him or her an o ortunit/ &or at least elementar/ education. The cost o& education shall be art o& the househel erFs com ensation, unless there is a sti ulation to the contrar/. A(T. "@%. 4reatment of househelpers. - The em lo/er shall treat the househel er in a 3ust and humane manner. 'n no case shall h/sical ,iolence be used u on the househel er. A(T. "@$. Board, lodging, and medical attendance. The em lo/er shall &urnish the househel er, &ree o& char!e, suitable and sanitar/ li,in! >uarters as well as ade>uate &ood and medical attendance. A(T. "@#. Indemnit for un7ust termination of ser#ices. - '& the eriod o& household ser,ice is &i0ed, neither the em lo/er nor the househel er ma/ terminate the contract be&ore the e0 iration o& the term, e0ce t &or a 3ust cause. '& the househel er is un3ustl/ dismissed, he or she shall be aid the com ensation alread/ earned lus that &or &i&teen ("?) da/s b/ wa/ o& indemnit/. '& the househel er lea,es without 3usti&iable reason, he or she shall &or&eit an/ un aid salar/ due him or her not e0ceedin! &i&teen ("?) da/s. A(T. "?:. Ser#ice of termination notice. - '& the duration o& the household ser,ice is not determined either in sti ulation or b/ the nature o& the ser,ice, the em lo/er or the househel er ma/ !i,e notice to ut an end to the relationshi &i,e (?) da/s be&ore the intended termination o& the ser,ice. A(T. "?". Emplo ment certification. - K on the se,erance o& the household ser,ice relation, the em lo/er shall !i,e the househel er a written statement o& the nature and duration o& the ser,ice and his or her e&&icienc/ and conduct as househel er. A(T. "?4. Emplo ment record. - The em lo/er ma/ 1ee such records as he ma/ deem necessar/ to re&lect the actual terms and conditions o& em lo/ment o& his househel er, which the latter shall authenticate b/ si!nature or thumbmar1 u on re>uest o& the em lo/er.
(KLE <''' Em lo/ment o& *ousehel ers SECT'+8 ". .eneral statement on co,era!e. O (a) The ro,isions o& this (ule shall a l/ to all househel ers whether em lo/ed on &ull or art-time basis. (b) The term Whousehel erW as used herein is s/non/mous to the term Wdomestic ser,antW and shall re&er to an/ erson, whether male or &emale, who renders ser,ices in and about the em lo/erUs home and which ser,ices are usuall/ necessar/ or desirable &or the maintenance and en3o/ment thereo&, and ministers e0clusi,el/ to the ersonal com&ort and en3o/ment o& the em lo/erUs &amil/. SECT'+8 4. Cethod o& a/ment not determinant. O The ro,isions o& this (ule shall a l/ irres ecti,e o& the method o& a/ment o& wa!es a!reed u on b/ the em lo/er and househel er, whether it be hourl/, dail/, wee1l/, or monthl/, or b/ iece or out ut basis. SECT'+8 =. Children o& househel ers. O The children and relati,es o& a househel er who li,e under the em lo/erUs roo& and who share the accommodations ro,ided &or the househel ers b/ the em lo/er shall not be deemed as househel ers i& the/ are not otherwise en!a!ed as such and are not re>uired to er&orm an/ substantial household wor1. SECT'+8 @. Em lo/ment contract. O The initial contract &or household ser,ice shall not last &or more than two (4) /ears. *owe,er, such contract ma/ be renewed &rom /ear to /ear. SECT'+8 ?. Cinimum monthl/ wa!e. O The minimum com ensation o& househel ers shall not be less than the &ollowin! rates7 (a) Si0t/ esos (PA:.::) a month &or those em lo/ed in the cities o& Canila, Luezon, Pasa/ and Caloocan, and in the munici alities o& Ca1ati, San Juan, Candalu/on!, Cuntinlu a, 8a,otas, Calabon, ParaSa>ue, Las PiSas, Pasi! and Cari1ina, in the Pro,ince o& (izal. (b) Jort/-&i,e esos (P@?.::) a month &or those em lo/ed in other chartered cities and &irst class munici alities; and (c) Thirt/ esos (P=:.::) a month &or those in other munici alities. 5uman B Labor ' B Pro&. Battad B Pa!e "@A

SECT'+8 A. E>ui,alent dail/ rate. O The e>ui,alent minimum dail/ wa!e rate o& househel ers shall be determined b/ di,idin! the a licable minimum monthl/ rate b/ thirt/ (=:) da/s. SECT'+8 %. Pa/ment b/ results. O 2here the method o& a/ment o& wa!es a!reed u on b/ the em lo/er and the househel er is b/ iece or out ut basis, the iece or out ut rates shall be such as will assure the househel er o& the minimum monthl/ or the e>ui,alent dail/ rate as ro,ided in this issuance. SECT'+8 $. Cinimum cash wa!e. O The minimum wa!e rates rescribed under this (ule shall be basic cash wa!es which shall be aid to the househel ers in addition to lod!in!, &ood and medical attendance. SECT'+8 #. Time and manner o& a/ment. O 2a!es shall be aid directl/ to the househel er to whom the/ are due at least once a month. 8o deductions there&rom shall be made b/ the em lo/er unless authorized b/ the househel er himsel& or b/ e0istin! laws. SECT'+8 ":. Assi!nment to non-household wor1. O 8o househel er shall be assi!ned to wor1 in a commercial, industrial or a!ricultural enter rise at a wa!e or salar/ rate lower than that ro,ided &or a!ricultural and non-a!ricultural wor1ers. SECT'+8 "". + ortunit/ &or education. O '& the househel er is under the a!e o& ei!hteen ("$) /ears, the em lo/er shall !i,e him or her an o ortunit/ &or at least elementar/ education. The cost o& such education shall be art o& the househel erUs com ensation, unless there is a sti ulation to the contrar/. SECT'+8 "4. Treatment o& househel ers. O The em lo/er shall treat the househel er in a 3ust and humane manner. 'n no case shall h/sical ,iolence be in&licted u on the househel er. SECT'+8 "=. Board, lod!in! and medical attendance. O The em lo/er shall &urnish the househel er &ree suitable and sanitar/ li,in! >uarters as well as ade>uate &ood and medical attendance. SECT'+8 "@. 'ndemnit/ &or un3ust termination o& ser,ice. O '& the eriod &or household ser,ice is &i0ed, neither the em lo/er nor the househel er ma/ terminate the contract be&ore the e0 iration o& the term, e0ce t &or a 3ust cause. '& the househel er is un3ustl/ dismissed, he or she shall be aid the com ensation alread/ earned lus that &or &i&teen ("?) da/s b/ wa/ o& indemnit/. '& the househel er lea,es without 3usti&iable reason, he or she shall &or&eit an/ un aid salar/ due him or her not e0ceedin! &i&teen ("?) da/s. SECT'+8 "?. Em lo/ment certi&ication. O K on the se,erance o& the household ser,ice relationshi , the househel er ma/ demand &rom the em lo/er a written statement o& the nature and duration o& the ser,ice and his or her e&&icienc/ and conduct as househel er. SECT'+8 "A. Juneral e0 enses. O 'n case o& death o& the househel er, the em lo/er shall bear the &uneral e0 enses commensurate to the standards o& li&e o& the deceased. 5uman B Labor ' B Pro&. Battad B Pa!e "@% SECT'+8 "%. 5is osition o& the househel erUs bod/. O Knless so desired b/ the househel er or b/ his or her !uardian with court a ro,al, the trans&er or use o& the bod/ o& the deceased househel er &or ur oses other than burial is rohibited. 2hen so authorized b/ the househel er, the trans&er, use and dis osition o& the bod/ shall be in accordance with the ro,isions o& (e ublic Act 8o. =@#. SECT'+8 "$. Em lo/ment records. O The em lo/er ma/ 1ee such records as he ma/ deem necessar/ to re&lect the actual terms and conditions o& em lo/ment o& his househel er which the latter shall authenticate b/ si!nature or thumbmar1 u on re>uest o& the em lo/er. SECT'+8 "#. Prohibited reduction o& a/. O 2hen the com ensation o& the househel er be&ore the romul!ation o& these re!ulations is hi!her than that rescribed in the Code and in this issuance, the same shall not be reduced or diminished b/ the em lo/er on or a&ter said date. SECT'+8 4:. (elation to other laws and a!reements. O 8othin! in this (ule shall de ri,e a househel er o& the ri!ht to see1 hi!her wa!es, shorter wor1in! hours and better wor1in! conditions than those rescribed herein, nor 3usti&/ an em lo/er in reducin! an/ bene&it or ri,ile!e !ranted to the househel er under e0istin! laws, a!reements or ,oluntar/ em lo/er ractices with terms more &a,orable to the househel ers than those rescribed in this (ule. a. 5e&inition, (ule <''', Sec. " (b)
(b) The term Whousehel erW as used herein is s/non/mous to the term Wdomestic ser,antW and shall re&er to an/ erson, whether male or &emale, who renders ser,ices in and about the em lo/erUs home and which ser,ices are usuall/ necessar/ or desirable &or the maintenance and en3o/ment thereo&, and ministers e0clusi,el/ to the ersonal com&ort and en3o/ment o& the em lo/erUs &amil/. b. Co,era!e, Art. "@"
A(T. "@". Co#erage. - This Cha ter shall a l/ to all ersons renderin! ser,ices in households &or com ensation. $%omestic or household ser#ice$ shall mean ser,ice in the em lo/erFs home which is usuall/ necessar/ or desirable &or the maintenance and en3o/ment thereo& and includes ministerin! to the ersonal com&ort and con,enience o& the members o& the em lo/erFs household, includin! ser,ices o& &amil/ dri,ers. c. 8on-*ousehold 2or1, Art. "@?
A(T. "@?. Assignment to non!household &or'. - 8o househel er shall be assi!ned to wor1 in a commercial, industrial or a!ricultural enter rise at a wa!e or salar/ rate lower than that ro,ided &or a!ricultural or non-a!ricultural wor1ers as rescribed herein. SC(A 4?" ("##") A e0 Cinin! Co. 8L(C, "#A

Art. "A#?. *ouse hel er shall not be re>uired to wor1 more than ten hours a da/. E,er/ house hel er shall be allowed &our da/sU ,acation each month, with a/. Art. "A#A. 'n case o& death o& the house hel er, the head o& the &amil/ shall bear the &uneral e0 enses i& the house hel er has no relati,es in the lace where the head o& the &amil/ li,es, with su&&icient means there&or. Art. "A#%. '& the eriod &or household ser,ice is &i0ed neither the head o& the &amil/ nor the house hel er ma/ terminate the contract be&ore the e0 iration o& the term, e0ce t &or a 3ust cause. '& the house hel er is un3ustl/ dismissed, he shall be aid the com ensation alread/ earned lus that &or &i&teen da/s b/ wa/ o& indemnit/. '& the house hel er lea,es without 3usti&iable reason, he shall &or&eit an/ salar/ due him and un aid, &or not e0ceedin! &i&teen da/s. e. Conditions o& Em lo/ment, Arts. "4""?4; Ci,il Code, Arts. "A$#-"A## Art. "A#$. '& the duration o& the household ser,ice is not determined either b/ sti ulation or b/ the nature o& the ser,ice, the head o& the &amil/ or the house hel er ma/ !i,e notice to ut an end to the ser,ice relation, accordin! to the &ollowin! rules7 (") '& the com ensation is aid b/ the da/, notice ma/ be !i,en on an/ da/ that the ser,ice shall end at the close o& the &ollowin! da/; (4) '& the com ensation is aid b/ the wee1, notice ma/ be !i,en, at the latest on the &irst business da/ o& the wee1, that the ser,ice shall be terminated at the end o& the se,enth da/ &rom the be!innin! o& the wee1; (=) '& the com ensation is aid b/ the month, notice ma/ be !i,en, at the latest, on the &i&th da/ o& the month, that the ser,ice shall cease at the end o& the month. Art. "A##. K on the e0tin!uishment o& the ser,ice relation, the house hel er ma/ demand &rom the head o& the &amil/ a written statement on the nature and duration o& the ser,ice and the e&&icienc/ and conduct o& the house hel er. =. *omewor1ers
A(T. "?". Emplo ment certification. - K on the se,erance o& the household ser,ice relation, the em lo/er shall !i,e the househel er a written statement o& the nature and duration o& the ser,ice and his or her e&&icienc/ and conduct as househel er. A(T. "?4. Emplo ment record. - The em lo/er ma/ 1ee such records as he ma/ deem necessar/ to re&lect the actual terms and conditions o& em lo/ment o& his househel er, which the latter shall authenticate b/ si!nature or thumbmar1 u on re>uest o& the em lo/er. C'9'L C+5E Art. "A$#. *ousehold ser,ice shall alwa/s be reasonabl/ com ensated. An/ sti ulation that household ser,ice is without com ensation shall be ,oid. Such com ensation shall be in addition to the house hel erUs lod!in!, &ood, and medical attendance. Art. "A#:. The head o& the &amil/ shall &urnish, &ree o& char!e, to the house hel er, suitable and sanitar/ >uarters as well as ade>uate &ood and medical attendance. Art. "A#". '& the house hel er is under the a!e o& ei!hteen /ears, the head o& the &amil/ shall !i,e an o ortunit/ to the house hel er &or at least elementar/ education. The cost o& such education shall be a art o& the house hel erUs com ensation, unless there is a sti ulation to the contrar/. Art. "A#4. 8o contract &or household ser,ice shall last &or more than two /ears. *owe,er, such contract ma/ be renewed &rom /ear to /ear. Art. "A#=. The house hel erUs clothes shall be sub3ect to sti ulation. *owe,er, an/ contract &or household ser,ice shall be ,oid i& thereb/ the house hel er cannot a&&ord to ac>uire suitable clothin!. Art. "A#@. The head o& the &amil/ shall treat the house hel er in a 3ust and humane manner. 'n no case shall h/sical ,iolence be used u on the house hel er.
a. Co,era!e and (e!ulation, Arts. "?=-"??; 5+ ?, 5+LE, @ Jeb. "##4, now Boo1 ''', (ule <'9 A(T. "?=. ,egulation of industrial home&or'ers. The em lo/ment o& industrial homewor1ers and &ield ersonnel shall be re!ulated b/ the !o,ernment throu!h the a ro riate re!ulations issued b/ the Secretar/ o& Labor and Em lo/ment to ensure the !eneral wel&are and rotection o& homewor1ers and &ield ersonnel and the industries em lo/in! them. A(T. "?@. ,egulations of Secretar of 8a"or. - The re!ulations or orders to be issued ursuant to this Cha ter shall be desi!ned to assure the minimum terms and conditions o& em lo/ment a licable to the industrial homewor1ers or &ield ersonnel in,ol,ed.
5uman B Labor ' B Pro&. Battad B Pa!e "@$

A(T. "??. %istri"ution of home&or'. - Jor ur oses o& this Cha ter, the $emplo er$ o& homewor1ers includes an/ erson, natural or arti&icial who, &or his account or bene&it, or on behal& o& an/ erson residin! outside the countr/, directl/ or indirectl/, or throu!h an em lo/ee, a!ent contractor, sub-contractor or an/ other erson7 (") 5eli,ers, or causes to be deli,ered, an/ !oods, articles or materials to be rocessed or &abricated in or about a home and therea&ter to be returned or to be dis osed o& or distributed in accordance with his directions; or (4) Sells an/ !oods, articles or materials to be rocessed or &abricated in or about a home and then rebu/s them a&ter such rocessin! or &abrication, either b/ himsel& or throu!h some other erson. (d) WProcessin!W means manu&acturin!, &abricatin!, &inishin!, re airin!, alterin!, ac1in!, wra in! or handlin! an/ material. SECT'+8 =. Pa/ment &or wor1. O (a) 'mmediatel/ u on recei t o& the &inished !oods or articles, the em lo/er shall a/ the homewor1er or the contractor or sub-contractor, as the case ma/ be, &or the wor1 er&ormed; Pro,ided, *owe,er, that where a/ment is made to a contractor or sub-contractor, the homewor1er shall be aid within the wee1 a&ter the contractor or sub-contractor has collected the !oods or articles &rom the homewor1ers. (b) The Secretar/ o& Labor and Em lo/ment shall &rom time to time establish the standard minimum iece or out ut rate in a ro riate orders &or the articular wor1 or rocessin! to be er&ormed b/ the homewor1ers. SECT'+8 @. 5eductions. O 8o em lo/ee, contractor, or sub-contractor shall ma1e an/ deduction &rom the homewor1erUs earnin!s &or the ,alue o& materials which ha,e been lost, destro/ed, soiled or otherwise dama!ed unless the &ollowin! conditions are met7 (a) The homewor1er concerned is clearl/ shown to be res onsible &or the loss or dama!e; (b) The em lo/ee is !i,en reasonable o ortunit/ to show cause wh/ deductions should not be made; (c) The amount o& such deduction is &air and reasonable and shall not e0ceed the actual loss or dama!es; and (d) The deduction is made at such rate that the amount deducted does not e0ceed 4:P o& the homewor1erUs earnin!s in a wee1. SECT'+8 ?. Conditions &or a/ment o& wor1. O (a) The em lo/er ma/ re>uire the homewor1er to re-do wor1 which has been im ro erl/ e0ecuted without ha,in! to a/ the sti ulated rate more than once. (b) An em lo/er, contractor, or sub-contractor need not a/ the homewor1er &or an/ wor1 which has been done on !oods and articles which ha,e been returned &or reasons attributable to the &ault o& the homewor1er. SECT'+8 A. 5isa!reement between homewor1ers and em lo/er. O 'n cases o& disa!reement between the homewor1er and the em lo/er, contractor or sub-contractor on matters &allin! under Section @ (a), ? and A o& this (ule, either art/ ma/ re&er the case to the (e!ional +&&ice ha,in! 3urisdiction o,er the homewor1er. The (e!ional +&&ice shall decide the case within ten (":) wor1in! da/s &rom recei t o& the case. 'ts decision shall be &inal and una ealable. SECT'+8 %. Liabilit/ o& em lo/er and contractor. O 2hene,er an em lo/er shall contract with another &or the er&ormance o& the em lo/erUs wor1, it shall be the dut/ o& such em lo/er to ro,ide in such contract that the em lo/ees or homewor1ers o& the contractor and the latterUs sub-contractor shall be aid in accordance with the ro,isions o& this (ule. 'n the e,ent that such contractor or sub-contractor &ails to a/ the wa!es or earnin!s o& his em lo/ees or homewor1ers as s eci&ied in this (ule, such em lo/er shall be 3ointl/ and se,erall/ liable with the 5uman B Labor ' B Pro&. Battad B Pa!e "@#
(KLE <'9 Em lo/ment o& *omewor1ers SECT'+8 ". .eneral statement on co,era!e. O This (ule shall a l/ to an/ homewor1er who er&orms in or about his home an/ rocessin! o& !oods or materials, in whole or in art, which ha,e been &urnished directl/ or indirectl/ b/ an em lo/er and therea&ter to be returned to the latter. SECT'+8 4. 5e&initions. O As used in this (ule, the &ollowin! terms shall ha,e the meanin!s indicated hereunder7 (a) W*omeW means an/ room, house, a artment, or other remises used re!ularl/, in whole or in art, as a dwellin! lace, e0ce t those situated within the remises or com ound o& an em lo/er, contractor, and the wor1 er&ormed therein is under the acti,e or ersonal su er,ision b/, or &or, the latter. (b) WEm lo/erW means an/ natural or arti&icial erson who, &or his own account or bene&it, or on behal& o& an/ erson residin! outside the Phili ines, directl/ or indirectl/, or throu!h an/ em lo/ee, a!ent, contractor, sub-contractor; or an/ other erson7 (") 5eli,ers or causes to be deli,ered an/ !oods or articles to be rocessed in or about a home and therea&ter to be returned or to be dis osed o& or distributed in accordance with his direction; or (4) Sells an/ !oods or articles &or the ur ose o& ha,in! such !oods or articles rocessed in or about a home and then re urchases them himsel& or throu!h another a&ter such rocessin!. (c) WContractorW or Wsub-contractorW means an/ erson who, &or the account or bene&it o& an em lo/er, deli,ers or caused to be deli,ered to a homewor1er !oods or articles to be rocessed in or about his home and therea&ter to be returned, dis osed o& or distributed in accordance with the direction o& the em lo/er.

contractor or sub-contractor to the wor1ers o& the latter, to the e0tent that such wor1 is er&ormed under such contract, in the same manner as i& the em lo/ees or homewor1ers were directl/ en!a!ed b/ the em lo/er. b. c. d. A-# 5e&inition, 5+ ?, Sec. 4, 5+ ? (e!istration, Secs. @-A Conditions o& Em lo/mentB5eductions, Secs. Liabilit/ o&
&. Joint and Se,eral Em lo/erBContractor, Sec. "" !. h. Prohibitions, Sec. "= En&orcement, Sec. ":
NOTES:
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RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR RRRRRRRRRRRRRRRRRRRRRRRRRRR
5uman B Labor ' B Pro&. Battad B Pa!e "?:
K.
)en a#2 Den a# an" Occ&pa $ona# Sa-e 5
(e&erence7 Art. "?A-"A?; +mnibus (ules, Boo1 '9, (ule ', Secs. "-":; (ule '', Secs. "-Z: ". 4. Ser,ices a. b. =. Co,era!e, (ule ', Sec. " Jirst Aid Treatment, Art. "?A Emer!enc/ Cedical and 5ental
2hen (e>uired, Art. "?% 2hen 8ot (e>uired, Art. "?$
@. Em lo/er assistance, Art. "A" ?. +ccu ational Sa&et/ and *ealth Standards, Trainin! o& Su er,isorBTechnician a. b. 2hen (e>uired, (ule '', Secs. ? (a) (d) 2hen 8ot (e>uired, (ule '', Sec. ? (e) En&orcementB5+LE +bli!ations,
A. Arts. "A4-"A?
8ote7 Arts. "AA-4:$7 re ealed b/ SSS Law o& "##% ((A ""A", as amended); (e7 Art. 4:#, see 8ational *ealth 'nsurance act o& "##? ((A %$%?); Boo1 '9, (ule '', Sec. $ L. E,p#o5ee C#ass$-$ca $on ". 4. Co,era!e, Art. 4%$ Em lo/er (eco!nition
Phili ine Jederation o& Credit Coo erati,es, 'nc. ,. 8L(C, =:: SC(A %4 ("##$) Pan!ilinan ,. .eneral Cillin! cor ., @=@ SC(A "?# (4::@) =. Em lo/er 5eterminationB5esi!nation
5e Leon ,. 8L(C, "%A SC(A A"? ("#$#) 9ioleta ,. 8L(C, 4$: SC(A ?4: ("##%) San Ci!uel Cor oration ,. 8L(C, 4#% SC(A 4%% ("##$) @. Cana!ement Prero!ati,e
Canila Electric Co. ,. 8L(C, 4A= SC(A ?=" ("##A) PAL, 'nc. ,. Pascua, @:# SC(A "#? (4::=) Coca-cola Bottlers Phil., 'nc. Sales Jorce Knion-PT.2+-BALA'S ,. Coca-cola Bottlers Phil., 'nc., .( 8o. "??A?", @A@ SC(A ?:% (4::?) 5uman B Labor ' B Pro&. Battad B Pa!e "?"

?. Qinds o& Em lo/ee supra c. Ji0ed-Term San Ci!uel Cor . ,. Abella,
a. (e!ular Em lo/ees, art. 4$:, "st ar.; 4$:, 4nd ar.; 4$", last sentence; %?(d); +mnibus rules, Boo1 9', (ule ", Secs. ?(a), (b) and A. ") T/ e Pan!ilinan ,. .eneral Cor oration., @=@ SC(A "?# (4::@) 4) 8ature o& 2or1 Per etual *el Credit Cor ., 'nc. ,. Jaburada, et al., =AA SC(A A#= ( 4::") Ca!salin ,. 8ational +r!anization o& 2or1in! Cen, @:= SC(A "## (4::=) *acienda Jatima ,. 8ational Jederation o& Su!arcane 2or1ers Jood and .eneral Trade, =#A SC(A ?"$ (4::=) Penta!on 'nternational Shi in!, 'nc. ,. Adelantar, 4=? SC(A =@4 (4::@) Lo ez ,. Cetro olitan 2aterwor1s and Sewera!e S/stem, @A4 SC(A @4$ (4::?) =) E0tended Period Andon Electric co., 'nc. ,. 8L(C, =:$ SC(A =@: ("###) @) (e eated (enewal o& Contract Cara!uinot ,. 8L(C, 4$@ SC(A ?=# ("##$) Kni,ersal Plastic Cor . ,. Cata an!, @%= SC(A "$# (4::?) b. ") 5e&inition 'mbuido ,. 8L(C, =4# SC(A =?% (4:::) Association o& Trade Knion ,. Comm. Abella, =4= SC(A ?: (4::?) 4) Pro3ect Em lo/ees Sando,al Shi /ards, 'nc. ,. 8L(C, "=A SC(A A%@ ("#$?) 9illa ,. 8L(C, 4$@ SC(A ":? ("##$) Chua ,. Court o& A eals, @@: SC(A "4" (4::@) =) 2or1 ool Em lo/ees Pro3ect Em lo/ee, art. 4$:, "st ar. Cillin!
Brent School ,. Vamora, "$" SC(A %:4 ("##:) Palomares ,. 8L(C, 4%% SC(A @=# ("##%) Phili s Semiconductor etc. ,. Jadri>uela, @44 SC(A @:$ (4::@) d. Seasonal
Phil. Tobacco Jlue-curin! ) (edr/in! Cor . ,. 8L(C, =:: SC(A =% ("##$) *acienda Bino ,. Cuenca, @?A SC(A =:: (4::?) e. ") 5e&inition Phili ine Jederation o& Credit Coo erati,es, 'nc. ,. 8L(C, supra Cebu Carine Beach (esort ,. 8L(C, @"@ SC(A "%= (4::=) 4) Em lo/er (i!ht to Set PeriodB+bli!ation Phili +rient E0 ress Placement ines ,. 8L(C, 4%= SC(A 4?A "##%) Probationar/
=) 5urationBE0ce tion A Prime Securit/ Ser,ices, 'n,. 9. 8L(C, =44 SC(A 4$= (4:::) Citsubishi Cotors ,. 8L(C, 44A SC(A @"% ("##=) @) Criteria (e!ularization ?:$ (4::@) ?) E0tension o& Contract Cariwasa Canu&acturin!, 'nc. ,. Leo!ardo, "A# SC(A @A? ("#$#) A) Absorbed Em lo/ees Cebu Ste,edorin! Co. 'nc. ,. (e!ional 5irector, "A$ SC(A ="? ("#$$) %) (ule on Pri,ate School Teachers Escor izo ,. Kni,. o& Ba!uio, =:A SC(A @#% ("###) La Consolacion Colle!e ,. 8L(C, =AA SC(A 44A (4::") Chian! Qai Shec1 Colle!e ,. Court o& A eals, @=% SC(A "%" (4::@) I. Ter,$na $on o- E,p#o5,en Alcira ,. 8L(C, @=" SC(A
A!uilar Cor . ,. 8L(C, 4A# SC(A ?#A ("##%) Cara!uinot ,. 8L(C, supra Casual, Art. 4$:, 4nd ar.; +mnibus rules, Boo1 9', (ule ", Sec. ? (b) ") 8ature o& 2or1 A.C. +reta and Co. 'nc. ,. 8L(C, "%A SC(A 4"$ ("#$#) 4) +ne Tear Ser,ice Qimberl/ ,. 5rilon, "$? SC(A "#: ("##:) 'nte!rated Contractor and Plumbin! 2or1s, 'nc. ,. Court o& A eals, @A@ SC(A ?@@ (4::?)
". Co,era!e, Art. 4%$; Boo1 9', (ule ", Sec. " 4. Securit/ o& Tenure, Art 4%#; 4%% (b) a. 8atureB(ationale Silahis
Llosa Tan ,. 'nternatioinal *otel, "$" SC(A %=$ ("##:)
5uman B Labor ' B Pro&. Battad B Pa!e "?4

Sonza ,. ABS-CB8 Broadcastin! Cor ., @=" SC(A =$" (4::@) Cetro E/e Securit/, 'nc. ,. Julie 9. Solsona, .( 8o. "A%A=%, Se t. 4$, 4::% b. Co,era!e @. Termination o& Em lo/ment b/ Em lo/er a. Basis o& (i!ht and (e>uirements, Arts. 4$4-4$@; 4%% (b) ") Basis ??? (4::@) 4) PL5T ,. Tolentino, @=$ SC(A
Laba3o ,. Ale3andro, "A? SC(A %@% ("#$$) S1ihworld Cana!ement and mar1etin! Cor oration ,. 8L(C, "$A SC(A @A? ("##:) 'nterorient Caritime Enter rises 'nc. ,. 8L(C, 4=? SC(A 4A$ ("##@) c. Cana!ement Prero!ati,e
Substanti,e and Procedural 5ue Process 8ational Ban1 ,.
Phili ine Cabana!, @A: SC(A ?"@ (4::?)
Phili ine American Li&e ) .eneral 'nsurance Co. ,. .ramaze, @@4 SC(A 4%@ (4::@) d. (e>uisites &or Law&ul 5ismissal Credit Cor ., 'nc. ,.
Per etual *el Jaburada, supra e. Burden o& Proo&
SC(A 4A ("###) &.
Azcor Canu&acturin! ,. 8L(C, =:= Cha,ez ,. 8L(C, supra
Ceasure o& Penalt/
Jarrol ,. Court o& A eals, @=? SC(A ?@= (4:::) 9aliao ,. Court o& A eals, @=? SC(A ?@= (4::@) Etcuban ,. Sul icio Lines, 'nc. @@$ SC(A ?"A (4::?) !. Jactors
Associated Labor Knion ,. 8L(C, =:4 SC(A %:$ ("###) Phili ine Lon! distance Tele hone C. 'nc. ,. 8L(C, =:= SC(A # ("###) =. Termination o& Em lo/ment b/ Em lo/ee a. (esi!nation
Cheni,er 5eco Print ,. 8L(C, =4? SC(A %?$ (4:::) China Ban1in! Cor . ,. Borromeo, supra 2illi *ahn Enter rises ,. Ca!hu/o, @@% SC(A =@# (4::@) BC. (ecords (Phils.), 'nc. et al. ,. Aida C. A arecio, et al., .( "?=4#:, Se t. ?, 4::% ") Just Causes, Art. 4$? (b) 4) 2ithout Just Cause M (e>uisites, Art. 4$? (a); Const. Art. ''', Sec. "$ (4) ??@ ("##$) =": SC(A A?= ("###) 'nc. ,. 8L(C, supra Pascua ,. 8L(C, 4$% SC(A Azcor ,. 8L(C, supra Phil. 2ireless 'nc. ,. 8L(C, A Prime Securit/ Ser,ices,
b. Per&ormance o& Cilitar/ or Ci,ic dut/, Art. 4$A, Boo1 9', (ule ', Sec. "4 5uman B Labor ' B Pro&. Battad B Pa!e "?=

b. Just Causes M Substanti,e 5ue Process Ca!salin ,. 8ational +r!anization o& 2or1in! Cen, supra &) Past o&&enses
") Serious CisconductB2ill&ul 5isobedience ('nsubordination) 9aliao ,. Court o& A eals, supra 9illamor .ol& Club ,. Phil, @%4 SC(A =A (4::?) Coca-Cola Bottlers, Phil., 'nc. ,. Qa isanan n! Cala/an! Can!!a!awa sa CocaCola, @?4 SC(A @$: (4::?) ( Trans ort Cor . ,. E3aneira, @4$ SC(A %4? (4::@) Cicro Sales + eration 8etwor1 ,. 8L(C, @%4 SC(A =4$ (4::?) 4) 5uties .ross and *abitual 8e!lect o&
La Carlota Planters Assn. ,. 8L(C, 4#$ SC(A 4?4 ("##$) (amoran ,. Jardine CC., 'nc. =4A SC(A 4:$ (4:::) !) *abitual 'n&ractions .ustilo ,. 2/eth Phil.,
'nc., @@: SC(A A% (4::@) h) SC(A ""% ("##$) i)
'mmoralit/ Santos ,. 8L(C, 4$% Con,iction o& Crime
Cebu Jil,eneer Cor oration ,. 8L(C, 4$A SC(A ??A ("##$) (e/es ,. Ca0ims Tea *ouse, =#$ SC(A 4$$ (4::=) Chua ,. 8L(C, @?= SC(A 4@@ (4::?) =) Jraud or 2ill&ul Breach o& Trust
Sam a!uita .arments Cor . ,. 8L(C, 4== SC(A 4A: "##@) 3) Luali&ication (e>uirements ,.
Santos ,. San Ci!uel Cor ., =## SC(A "%4 (4::=) 5ela Cruz , 8L(C, @"A SC(A 44A (4::=) Phil. 8ational Construction Cor . ,. Catias, =#? SC(A %4: (4::=) @) Commission o& Crime, Art. 4$4 (d)
Lanzaderas Ameth/st Securit/ ) .eneral Ser,ices, 'nc., supra %) Constructi,e 5ismissal
Sam a!uita .arments Cor oration ,. 8L(C, 4== SC(A 4A: ("##@) ?) Analo!ous, Art. 4$4 (e) o&
Phili ine American Li&e ,. .rama3e, @@4 SC(A 4%@ (4::=) 5in!lasan ,. Atienza, @== SC(A 4A= (4::@) 5usit *otel 8i11o ,. 8ational Knion in *otel, (estaurant and Allied 'ndustires, @AA SC(A =%@ (4::?) An!elina Jrancisco ,. 8L(C, et al., supra $) Trans&er
Cathedral School Technolo!/ ,. 8L(C, 4"@ SC(A ??", ??# ("##4) A) Em lo/er a)
+thers M Just Causes Claimed b/ Abandonment
8ue,a Eci3a Electric Coo erati,e ,. 8L(C, @A" SC(A"A# (4::?) Cha,ez ,. 8L(C, supra Jloren *otel ,. 8L(C, @?A SC(A "4$ (4::?) b) Courtes/ (esi!nation ,.
+SS Securit/ and Allied Ser,ices 'nc. ,. 8L(C, =4? SC(A "?% (4:::) Lanzaderas ,. Ameth/st Securit/ and .eneral Ser,ices, 'nc., supra Cendoza ,, (ural Ban1, etc., @== SC(A %?A (4::@) #) Promotion Phil. Tele!ra h ) Tele hone eals, @"4 SC(A 4A= (4::=)
Cor . ,. Court o& A ":)
Pre,enti,e Sus ension ine Airlines, 'nc. ,.
Baton!bacal Associated Ban1, "A$ SC(A A:: ("#$$) c) 4@4 SC(A "@? ("##?) d) Chan!e o& +wnershi Canlimos ,.
Phili 8L(C, 4#4 SC(A @: ("##$) "") (esidenc/ Trainin!
8L(C,
"=# ("##?)
Jeli0 ,. Buenaseda, 4@: SC(A M Business
*abitual Absenteeism Knion Cotor Cor . ,.
c. Substanti,e (e>uirements (elated Causes, Art. 4$= -1 SC(A =:4 ("##$) Basis Ed!e A
8L(C, @@? SC(A A$= (4::@) e)
arel 'nc. ,. 8L(C, 4$A
Ji0ed-Term Em lo/ment
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.1 Causes Business (elated or Authorized SC(A "4" (4:::) SC(A =# ("###) b) Perme0, 'nc. ,. 8L(C, =4= Arboleda ,. 8L(C, =:=
a) 'nstallation o& Labor Sa,in! 5e,ices, Art. 4$= Com le0 Electronics Em lo/ees Assn. ,. 8L(C, =": SC(A @:= ("###) b) (etrenchment to Pre,ent Losses, Art. 4$= Asian Alcohol Cor . ,. 8L(C, =:? SC(A @"? ("###) 85C-.uthrie Plantations, 'nc. ,. 8L(C, =A4 SC(A @"A.(4::") Com osite Enter rises, 'nc. ,. Emilio C. Ca aroso, et al., .( 8o. "?##"#, Au!. $, 4::% c) (edundanc/, Art. 4$= SC(A 4%: (4::@) 'nc. ,. 8L(C, =:@ SC(A ?"? (4::?) Asu&rin ,. San Ci!uel Cor ., @4? .olden Tread Qnittin! 'ndustries, SC(A ?A$ Lo ez Su!ar Cor . ,. Jranco, @?$
Kse o& Position Pa er es Canila, 'nc. ,.
Sho 8L(C, @"# SC(A =?@ (4::@) /1 Sec. "@ 'nc. ,. Court o& A 31
5ecisionBAward M Const., Art. 9''', Pe si-Cola Products Phil., eals, @@= SC(A ?$: (4::@) Burden o& Proo& PC'Ban1 ,.
E>uitable Ca!uioa, @AA SC(A A?$ (4::?) 61 E,idence 5e!ree o&
Proo&BSubstantial
d) Closure o& Business, Art. 4$= Cac Adams Cetal En!ineerin! 2or1ers Knion-'nde endent ,. Cac Adams Cetal En!ineerin!, @"@ SC(A @"" (4::=) SSS ,. *on. Cha,es, @@: SC(A 4A# (4::@) CE-S*K(8 Cor oration ,. CE-S*K(8 2or1ers Knion-JSC, @@$ SC(A @" (4::?) e) Tem orar/ Closure, Art. 4$A $% ("##$) 41 A eals, supra 9aldez ,. 8L(C, 4$A SC(A 5isease, Art 4$@ 9icente S/ ,. Court o&
Philtread Tire ) Tubber Cor . ,. 9icente, @@" SC(A ?%@ (4::@) Etcuban ,. Sul icio Lines, 'nc., supra >1 Prescri tion
Sal,ador ,. Phil. Cinin! ser,ice Cor ., =#? SC(A %4# (4::=) 81 5ismissal Technical .round SC(A "#? (4::@) -71 SC(A 4"" ("##A) o& Case, ,. Purel/ 8L(C, on @@A
Luintano Criminal Cases
Luiambao ,. 8L(C, 4?@
?. (elie&sB(emedies in 'lle!al 5ismissal, Art. 4%#; 44= a. 'n .eneral; Twin (emedies
d. Procedural (e>uirements, Art. 4%% (b); Boo1 9', (ule ', Secs. "-= +mnibus (ules ") 'n .eneralBLiabilit/ &or 8on-Com liance with Procedural (e>uirements SC(A @@? (4:::) Cor ., supra 4) (i!ht to Counsel Salaw ,. 8L(C, 4:4 SC(A Serrano Santos ,. ,. 8L(C, San =4=
Ci!uel
A!abon ,. 8L(C, supra
8ue,a Eci3a Electric Coo erati,e ,. 8L(C, supra Ct. Carmel Colle!e ,. Jocel/n (esuena, et al., .( 8o. "%=:%A, +ctober ":, 4::% Lorenzo Ca. 5... A!uilar ,. Bur!er Cachine *oldin!s Cor ., et al., .( "%4:A4, Jeb. 4", 4::% ") (einstatement a) 5e&inition P8+C-E5C, et al. ,. Abella, @@$ SC(A ?@# (4::?) Pheschem 'ndustrial Cor . ,. Coldez, @?$ SC(A ==# (4::?) b) E&&ect o& Jailure to As1 (elie& ,. Coldez, supra c) E0ce tions i) Closure o& Business 5uman B Labor ' B Pro&. Battad B Pa!e "?? Pheschem 'ndustrial Cor .
%, "4-"? ("##") =) 8otice
SC(A "@4 (4::?) 01 a) *earin! *earin!
A!abon ,. 8L(C, supra Cain!at ,. 8L(C, @?=

ii) Economic Business Conditions Tolosa ,. 8L(C, @:" SC(A =#" (4::=) Ca!uilin! ,. Phil. Tuberculosis Societ/, 'nc. @?: SC(A @A? (4::?) Acesite Cor ,. 8L(C, supra Sa!um ,. Court o& A eals, @?# SC(A 44= (4::?) Central Luzon Con&erence ,. CA, @AA SC(A %"" (:@) c. ") Se aration Pa/ 2hen M As Alternati,e
Knion o& Su er,isors ((B) 8ATK, etc. ,. Sec. o& Labor, "4$ SC(A @@4 ("#$@) iii) Em lo/eeFs Knsuitabilit/
5i,ine 2ord *i!h School ,. 8L(C, "@= SC(A =@A ("#$A) i,) @=: ("##A) Em lo/eeFs (etirementB+,era!e Es e3o ,. 8L(C, 4?? SC(A and Anta!onism M
,) Anti ath/ Strained (elations
Acesite Cor . ,. 8L(C, @@# SC(A =A: (4::?) BP' Em lo/ees Knion ,. BP', @?@ SC(A =?% (4::?) Sa!um ,. Court o& A eals, @?# SC(A 44= (4::?) ,i) SC(A " ("##A) c) ("##4) 4) a) 4## SC(A " ("##$) b) Bac1wa!es E&&ect o& Jailure to Claim 5e La Cruz ,. 8L(C, E&&ect o& Jailure to +rder 8ot Jeasible Bustamante ,. 8L(C, 4A?
Coca-Cola Bottlers Phils. 'nc. ,. 9ital, @=$ SC(A 4%$ (4::@) 8ational Jederation o& Labor ,. Court o& A eals, @@: SC(A A:@ (4::@) Etcuban Jr. ,. Sul icio Lines, 'nc., supra Com osite enter rises, 'nc. ,. Emilio C. Ca aroso, et al., supra 4) Com utationB(ationale
Business 5a/ 'n&ormation S/stems and Ser,ices, 'nc. ,. 8L(C, 44" SC(A # ("##=) Cillares ,. 8L(C, =:? SC(A ?:: ("###) =) @$# ("##$) c. ") E&&ect o& (ecei t Arino ,. 8L(C, 4#: SC(A Jinancial Assistance 2hen Allowed
+&&er to (einstate (anara ,. 8L(C, 4"4 SC(A A="
Phili ine Lon! 5istance Tele hone Co. ,. 8L(C, "A@ SC(A A%" ("#$$) Pinero ,. 8L(C, @=% SC(A ""4 (4::@) 4) 2hen 8ot Allowed
Aurora Land etc. ,. 8L(C, 4"4 SC(A @$ ("##%) St. CichaelFs 'nst. ,. Santos, =%" SC(A =$= (4::") b) Com utation Cercur/ 5ru! Co. 'nc. ,. C'(, ?A SC(A A#@ ("#%@) Bustamante ,. 8L(C, supra Torres ,. 8L(C, ==: SC(A ="" (4:::) Qa/ Products, 'nc. ,. CA@A@ SC(A ?@@ (4::?) Standard Electric Canu&acturin! Cor . ,. Standard Electric Em lo/ees Knion, @A$ SC(A ="A (4::?) BP' Em lo/ees Knion ,. BP', supra c) Jrin!e Bene&it supra b. Aurora 5ama!es Land etc. ,. 8L(C,
Phil. Construction Cor . ,. 8L(C, "%: SC(A 4:% ("#$#) Chua ,. 8L(C, 4"$ SC(A ?@? ("##=) e. &. supra 'ndemnit/ Arms Ta0i ,. 8L(C, supra Serrano ,. 8L(C, supra Liabilit/ o& Cor orate +&&icers Acesite Cor . ,. 8L(C,
%. Re $re,en , Art. 4$%; Boo1 9', (ule '', +mnibus (ules; (A 8o. %A@"; (A 8o. $??$ ("##$) ; Labor Ad,isor/ on (etirement Pa/ (+ct. "###) ". a. (etirement T/ es o& (etirement Plan
Colle!io de San Juan de LetranCalamba ,. 9illas, =## SC(A ??: (4::=)
PAL ,. Airline PilotsF Association o& the Phil., =%= SC(A =:4 (4::4) 8a!uit ,. 8L(C, @:$ SC(A A"% (4::=) 5uman B Labor ' B Pro&. Battad B Pa!e "?A

Sta. Catalina Colle!e ,. 8L(C, @"A SC(A 4== (4::=) .erlach ,. (euters Ltd., Phil. @@$ SC(A ?=? (4::?) ") shi Basis
.amo!amo ,. P8+C in! and Trans ort Cor ., =$" SC(A %@4 (4::4) 4) 'nter retation
Lo ez ,. 8ational Steel Cor ., @4= SC(A ":# (4::@) Solomon ,. Association o& 'nternational Shi in! Lines, 'nc., @?% SC(A 4?@ (4::?) @) Eli!ibilit/
Brion ,. South Phil. Knion Cission o& the Se,enth 5a/ Ad,entist Church, =:% SC(A @#% ("###) RE)INDERS: 1. 9oluntar/ recitation will be !raded !enerousl/. The ro&essor howe,er reser,es the ri!ht to call on students &or recitation. /. The 4:P rule on absences will be strictl/ obser,ed. Three times o& tardiness will be considered absent. All those who come between "? to =: minutes a&ter the class will be mar1ed GlateN; a&ter =: mins, GabsentN. 0. 8o ma1e-u mid-term e0amination will be !i,en. REHUIRE)ENT: AttendanceB(ecitationBAssi!ned 2or1 =:P Cid-Term E0amination =:P Jinal E0amination =:P -
5uman B Labor ' B Pro&. Battad B Pa!e "?%

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LABOR LAW 1

JRMSU | College of Law

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