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and MELFA SALIDAGA
CODES AND NOTES ON LABOR STANDARDS
Art. 1. Name of Decree. This Decree shall be known as the "Labor Code of the Philippines".
Presidential Decree No. 442 – otherwise known as the “Labor Code of the Philippines. Social legislation – include laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. Labor Legislation – consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. Classifications of Labor Legislation 1. Labor standards law – is that which sets out the minimum terms, conditions and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. As defined more specifically by jurisprudence, “are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary welfare benefits, including occupational safety, and health standards.” (Maternity Children's Hospital vs. Secretary of Labor, GR No. 78909, June 30, 1989.) 2. Labor relations law – defines the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives. Labor - is understood as physical toil although it does not necessarily exclude the application of skill, thus there is skilled and unskilled labor. Social Justice – is “neither communism, nor despotism, nor atomism nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.” (Calalang vs. Williams, 70 Phil. 726.) While social justice is the raison d'etre of labor laws, their basis or foundation is the police power of the State. Police Power – is the power of the government to enact laws, within constitutional limits, to promote the order, safety, health, morals and general welfare of society. It is settled that state legislatures may enact laws for the protection of the safety and health of employees as an exercise of police power.
Art. 2. Date of effectivity. This Code shall take effect six (6) months after its promulgation.
May 1, 1974 – PD No. 442 was signed into law. November 01, 1974 – effectivity date of the Labor Code.
Art. 3. Declaration of basic policy. The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
The Basic Policy of the Labor Code 1. Protection to labor;
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
2. Promote full employment; 3. Ensure equal work opportunities regardless of sex, race or creed, and 4. Regulate the relations between workers and employers Rights of Workers Under Art. 3 of the Labor Code 1. Self-organization; 2. Collective bargaining; 3. Security of tenure; and 4. Just and humane conditions of work Constitutional Basis of the Labor Code • Art. II, Sec. 18 - the 1987 Constitution declares as a state policy: “The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.” Art. III, Sec. 18, par. 2 – no involuntary servitude Art. IX-B, Sec. 2, Par. 1 – CSC embraces all branches... agencies of government, including GOCCs with original charters. Art. IX-B, Sec. 2, par. 3 – No officer or employee shall be removed or suspended except for cause provided by law Art. IX-B, Sec. 5 – standardization of compensation of government officials and employees. Art. XII, Sec. 6 – the right to own, establish economic enterprises subject to the duty of the State to promote distributive justice Art. XII, Sec. 12 – preferential use of Filipino labor Art. XII, Sec. 14, par. 2 – practice of all professions shall be limited to Filipinos Art. XII, Sec. 16 – Congress shall not provide for the formation,
• • • • • • • •
and property without due process. 3. XIII. XIII. including the right to strike in accordance with law. (6) living wage. XIII. recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments and to expansion and growth. (Constitutional balance between the rights of workers and employers) • • • Job is a property. 3. Sec. (3) peaceful concerted activities. and promote full employment and equality of employment opportunities for all Art. 3 – shared responsibility: voluntary modes in settling disputes Art. 2 – promotion of social justice shall include the commitment to create economic opportunities Art. 2 – guarantee the rights of all workers: (1) self-organization. XIII. (4) security of tenure. par. 1 – protect and enhance right to human dignity. 1 – protection to labor. local and overseas. (7) participate in policy and decision-making processes affecting their rights and benefits • • Art. (5) humane conditions of work. par. reduce social. Sec. Sec. par. economic and political irregularities. 3. and MELFA SALIDAGA organization.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Sec. XIII. par. and no person shall be deprived of life. . 3. liberty. XIII. 4 – regulate the relations between workers and employers. and remove cultural inequalities by equitably diffusing wealth and political power for the common good Art. Sec. Sec. (2) collective bargaining and negotiations. or regulation of private corporations • Art. organized and organized.
the rule becomes part of the contract of employment. Construction in favor of labor. recognizing the right of labor to its just share. All doubts in the implementation and interpretation of the provisions of this Code. Those who have less in life should have more in law. and to expansion and growth. with knowledge of an established rule. in protecting the rights of the laborer. The State has no right to • • . The Right to Select Employees – an employer has a right to select his employees and to decide when to engage them. and when employees. including its implementing rules and regulations.. • Right to Return of Investments (ROI) – the employer has the right to recover his investments and to make profit. authorizes neither oppression nor self-destruction of the employer.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. The labor law is liberally construed in favor of the workers and strictly construed against the employers. labor must receive what is due them for the return of investment. The Constitution provides that the State shall regulate the relations between workers and employers. The Supreme Court adopts the liberal approach which favors the exercise of labor rights.. and MELFA SALIDAGA Through distributive justice. The law. Management has also its own rights which are entitled to respect and enforcement in the interest of simple fair play. and the right of enterprises to reasonable returns on investments. enter the service. Management Rights It should not be supposed that every labor dispute will be automatically decided in favor of labor. The Right to Prescribe Rules – employers have the right to make reasonable rules and regulations for the government of their employees. Art. shall be resolved in favor of labor. 4.
whether agricultural or non-agricultural. The Code is applicable to all employees in private sector and government corporations without original charter. The Department of Labor 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.All rights and benefits granted to workers under this Code shall. The Labor Code itself in Art. while those incorporated under the general Corporation Law are covered by the Labor Code. • Right to Transfer or Discharge Employees – the employer has the perfect right to transfer. 5. Art. If the employee can compel the employer to give him work against the employer's will. 570-A. reduce or lay off personnel in order to minimize expenses and to insure the stability of the business. and MELFA SALIDAGA interfere in a private employment.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 1974). it cannot interfere with the liberty of contract with respect to labor except in the exercise of the police power. Applicability. this is servitude. . and even to close the business. Under the present state of the law. provided the transfer or dismissal is not abused but is done in good faith and is due to causes beyond control. this is oppression. November 1. apply alike to all workers. If the employer can compel the employee to work against the latter's will. Rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement of their adoption in newspapers of general circulation. Government corporations created by special (original charter) from Congress are subject to Civil Service rules. 6. ART. the test in determining whether a governmentowned or controlled corporation is subject to the Civil Service Law is the manner of its creation. (As amended by Presidential Decree No. To hold otherwise would be oppressive and inhuman. 5 vests the Department of Labor and Employment with rule-making powers in the enforcement thereof. . except as may otherwise be provided herein.
To question any employee 4. The Secretary of Labor and Employment may require employers to keep and maintain such employment records as may be necessary in aid of his . To 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. To copy from employer's records. Visitorial Power of the Secretary of Labor and Employment or his duly authorized representatives. The Secretary of Labor and Employment to order stoppage of work 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 workers in the workplace. 4. Access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein. 2. 2. To issue writs of execution to the appropriate authority for the enforcement of their orders. To investigate any fact. 3. 3. including labor regulation officers 1. the Corporation Code. While government employees are allowed under the 1987 Constitution to organize and join union of their choice. and MELFA SALIDAGA The government-owned-and-controlled corporations “with original charter” refer to corporations chartered by special law as distinguished from corporation organized under our general incorporation statute. Visitorial and enforcement power. condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code Enforcement Power of the Secretary of Labor and Employment or his duly authorized representatives 1. there is no law permitting them to strike. 128. Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
It is the right of employer to ask authority from visiting labor personnel. Art. In case the violation is attributable to the fault of the employer. Employer's remedy to contest the findings of the Secretary of Labor and Employment or his duly authorized representatives is the presentation of documentary evidence. Recovery of wages. . 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. a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. payrolls. Failure may result to a waiver. delay or otherwise render ineffective the orders of the Secretary of Labor and Employment or his duly authorized representatives issued pursuant to the authority granted under this Article.e. Within twenty-four hours. It shall be unlawful for any person or entity to obstruct. An order issued by the duly authorized representative of the Secretary of Labor and Employment under this Article may be appealed to the latter. after appropriate administrative investigation. he shall pay the employees concerned their salaries or wages during the period of such stoppage of work or suspension of operation. 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 Labor and Employment in the amount equivalent to the monetary award in the order appealed from. simple money claims and other benefits. be subject to summary dismissal from the service. In case said order involves a monetary award. Any government employee found guilty of violation of.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. SSS payment receipts. 129. or abuse of authority. and MELFA SALIDAGA visitorial and enforcement powers under this Code. under this Article shall. The Regional Director of the Department of Labor and Employment or any of the duly authorized hearing officers of the Department is empowered. i. impede.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Jurisdiction of the Labor Arbiters and the Commission. arising from employer-employee relations 4.00). to the National Labor Relations Commission which shall resolve the appeal within ten (10) calendar days from the submission of the last pleading required or allowed under its rules. complaint does not include a claim for reinstatement.000. March 21. within five (5) calendar days from receipt of a copy of said decision or resolution. (As amended by Section 2. shall be held as a special fund of the Department of Labor and Employment to be used exclusively for the amelioration and benefit of workers. 1989) Art. Republic Act No. 6715. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held in a special deposit account by. found owing to any employee or househelper under this Code. The Secretary of Labor and Employment or his duly authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits. and The Regional Director or hearing officer shall decide or resolve the complaint within thirty (30) calendar days from the date of the filing of the same. 2. and MELFA SALIDAGA through summary proceeding and after due notice. provided that the aggregate money claims of each employee or househelper does not exceed Five thousand pesos (P5. any matter involving the recovery of wages and other monetary claims and benefits. including legal interest. 217. and shall be paid on order of. owing to an employee or person employed in domestic or household service or househelper under this Code 3. to hear and decide: 1. 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 (3) years. . including legal interest. the (1) Secretary of Labor and Employment or (2) the Regional Director or (3) directly to the employee or househelper concerned. Any decision or resolution of the Regional Director or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 223 of this Code.
moral. the Supreme Court (SC). the Court of Appeals (CA). rates of pay. and MELFA SALIDAGA The Labor Arbiters shall have original and exclusive jurisdiction to hear and decide. whether agricultural or non-agricultural: • • • Unfair labor practice cases. If accompanied with a claim for reinstatement. Termination disputes. including questions involving the legality of strikes and lockouts. exemplary and other forms of damages arising from the employer-employee relations. and may be appealed to 3.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.000. Cases arising from any violation of Article 264 of this Code. . Social Security. Medicare and maternity benefits. Stages in the hearing of cases 1. involving an amount exceeding five thousand pesos (P5. hours of work and other terms and conditions of employment. • • • The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor Arbiters. the National Labor Relations Commission (NLRC). including those of persons in domestic or household service. and may be appealed to 4. within thirty (30) calendar days after the submission of the case by the parties for decision without extension the following cases involving all workers. and Except claims for Employees Compensation. those cases that workers may file involving wages. and may be appealed to 2. Labor arbiter.00) regardless of whether accompanied with a claim for reinstatement. all other claims arising from employer-employee relations. Claims for actual. Cases arising from the interpretation or implementation of collective bargaining agreements and those arising from the interpretation or enforcement of company personnel policies shall be disposed of by the Labor Arbiter by referring the same to the grievance machinery and voluntary arbitration as may be provided in said agreements.
transporting. utilizing. promising or advertising for employment. Recruitment and placement – any act of canvassing.this is only a matter of evidence. Any of the acts mentioned in Article 13(b) will constitute recruitment and placement even if only one prospective worker is involved. . That any person or entity which. • “employment to two or more persons shall be deemed engaged in recruitment and placement” . • License – means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. even the employment involves only one person.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and includes referrals. offers or promises for a fee. In that case. contract services. in any manner. and MELFA SALIDAGA Book One PRE-EMPLOYMENT Title I RECRUIT AND PLACEMENT OF WORKERS Chapter I GENERAL PROVISIONS Art. contracting. employment to two or more persons shall be deemed engaged in recruitment and placement. hiring or procuring workers. whether employed or unemployed. there is already the engagement of recruitment and placement. locally or abroad. whether for profit or not: Provided. a license or authority from POEA is needed. The number of persons dealt with is not the basis in determining whether or not an act constitutes recruitment and placement. 13. enlisting. Thus. Definitions Worker – any member of the labor force.
DECLARATION OF POLICIES-• The State does not promote overseas employment as a means to sustain economic growth and achieve national development. Art. 8042 Migrant Workers and Overseas Filipinos Act of 1995 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers. their families and overseas Filipinos in distress. Ban on direct-hiring General Rule: No employer may hire a Filipino worker for overseas employment. therefore. and for other purposes. 18. at any time. 2. Exception: • • Through the Boards and entities authorized by the Secretary of Labor Direct-hiring by members of the diplomatic corps. and MELFA SALIDAGA Authority – a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. The State. SEC. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not. DEFINITIONS . be compromised or violated. SEC. shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. international organizations and such other employers as may be allowed by the Secretary of Labor REPUBLIC ACT NO. 3.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment. (c) To give any false notice.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. contact services. that such non-license or non-holder. non-holder. DEFINITIONS Illegal recruitment – any act of canvassing. . and MELFA SALIDAGA Migrant worker – a person who is to be engaged. It shall likewise include the following acts. hiring. in any manner. Provided. information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code. enlisting. (e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency. procuring workers and includes referring. who. or to make a worker pay any amount greater than that actually received by him as a loan or advance. (d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment. whether for profit or not. transporting. whether committed by any persons. offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. ILLEGAL RECRUITMENT Sec. when undertaken by a non-license or non-holder of authority. utilizing. (f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines. (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment. 6. II. is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker. whether a non-licensee. licensee or holder of authority. Overseas Filipinos – dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act. contracting. promising or advertising for employment abroad. testimony.
An employee who was merely acting under the direction of his superiors and was unaware that his acts constituted a crime may not be held criminally liable. . (l) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. the officers having control. (i) To substitute or alter to the prejudice of the worker. accomplices and accessories. placement vacancies. separations from jobs. • • • The persons criminally liable for the above offenses are the principals. • Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage. Large scale – is illegal recruitment committed against three (3) or more persons individually or as a group. and MELFA SALIDAGA (h) To fail to submit reports on the status of employment. in cases where the deployment does not actually take place without the worker's fault. departures and such other matters or information as may be required by the Secretary of Labor and Employment. remittances of foreign exchange earnings. employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment. In case of juridical persons. Syndicate – is illegal recruitment carried out by a group of three (3) or more persons conspiring or confederating with one another. (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency. (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations. management or direction of their business shall be liable. and (m) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment.
10. SEC.000. and MELFA SALIDAGA SEC. or their relatives within the fourth civil degree of consanguinity or affinity. or the Overseas Workers Welfare Administration. or the Department of Foreign Affairs. the Philippine Overseas Employment Administration. directly or indirectly.00). 9. PROHIBITION ON OFFICIALS AND EMPLOYEES It shall be unlawful for: 1. any official or employee of the Department of Labor and Employment.00) nor more than one million pesos (P1. to engage. Provided. VENUE A criminal action arising from illegal recruitment as defined herein shall be filed with the Regional 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: Provided.00) nor more than five hundred thousand pesos (P500. SEC. PENALTIES (a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200.000. however.000. SEC. 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. the Labor Arbiters of the . Provided.000. (b) The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500. MONEY CLAIMS But withstanding any provision of law to the contrary. 2. The penalties shall be imposed upon them. however.000. that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a nonlicensee or non-holder of authority. That the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts. or other government agencies involved in the implementation of this Act.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. in the business of recruiting migrant workers as defined in this Act. 8. 7.
Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution. plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term. or caused to be. The performance bond to be filed by the recruitment/placement agency. Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within four (4) months from the approval of the settlement by the appropriate authority. valid or authorized cause as defined by law or contract. shall be answerable for all money claims or damages that may be awarded to the workers. whichever is less. amendment or modification made locally or in a foreign country of the said contract. moral.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Non-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: • • • • • (a) The salary of any such official who fails to render his decision or resolutions within the prescribed period shall be. and MELFA SALIDAGA National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide. the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual. within ninety (90) calendar days after filing of the complaint. • The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. . as provided by law. withheld until the said official complies therewith. exemplary and other forms of damages. the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum. In case of termination of overseas employment without just.
All costs attendant to repatriation shall be borne by or charged to the agency concerned and/or its principal. public policy and morals. Likewise. in cases where the termination of employment is due solely to the fault of the worker. shall undertake the repatriation of workers in cases of war. That illegal recruitment cases involving economic sabotage as defined herein shall prescribe in twenty (20) years. in cases where the principal or recruitment agency cannot be identified. however. However. • • • Parties to overseas employment contracts are allowed to agree on terms and conditions. The Overseas Workers Welfare Administration (OWWA). and MELFA SALIDAGA (b) Suspension for not more than ninety (90) days. the repatriation of remains and transport of the personal belongings of a deceased worker and all costs attendant thereto shall be borne by the principal and/or local agency. 12. but the stipulations should not contradict Philippine law. EMERGENCY REPATRIATION FUND • The repatriation of the worker and the transport of his personal belongings shall be the primary responsibility of the agency which recruited or deployed the worker overseas.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. REPATRIATION OF WORKERS. SEC. 15. or (c) Dismissal from the service with disqualifications to hold any appointive public office for five (5) years. in coordination with appropriate international agencies. the principal/employer or agency shall not in any manner be responsible for the repatriation of the former and/or his belongings. epidemic. disasters or calamities. and other similar events without prejudice to reimbursement by the responsible principal or agency. PRESCRIPTIVE PERIODS • Illegal recruitment cases under this Act shall prescribe in five (5) years: Provided. SEC. The Welfare Fund for Overseas Workers Administration (OWWA) was • . natural or man-made. However. all costs attendant to repatriation shall be borne by the OWWA.
They cannot remain stranded in a foreign land just because of a pending legal proceeding (Equi-Asia Placement Inc. and MELFA SALIDAGA intended to provide social welfare services. as needed. • The principal agency has to advance the air transport fare to the Philippines and immediately bring back the workers. vs. If the cause of termination is due solely to the fault of the worker. DFA and DOLE. September 19. the principal or agency may recover the cost of repatriation from the worker after return to the country. 2006). 152214. .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. GR No.
28. 27. No 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. Art. appointment or . The private employment sector shall participate in the recruitment and placement of workers. conveyed or assigned to any other person or entity. Capitalization. Citizenship requirement. under such guidelines. locally or overseas. Art. Only Filipino citizens or corporations. Art. 26. locally and overseas. All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitalization as determined by the Secretary of Labor. 25. and MELFA SALIDAGA Chapter II REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES Art. rules and regulations as may be issued by the Secretary of Labor. Non-transferability of license or authority. 29. partnerships or entities at least seventyfive percent (75%) of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and placement of workers. Any transfer of business address. Travel agencies prohibited to recruit. Private sector participation in the recruitment and placement of workers. Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not.
31. Bonds. details of job requisitions. The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority. The Secretary of Labor shall promulgate a schedule of allowable fees. Art. Fees to be paid by workers. All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures. Art. 34. . separation from jobs. and terms and conditions of employment as may be appropriate. wages. Reports on employment status. other terms and conditions and other employment data. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. Prohibited practices. 30. and MELFA SALIDAGA designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the prior approval of the Department of Labor. the Secretary of Labor may direct all persons or entities within the coverage of this Title to submit a report on the status of employment. Registration fees. rules and regulations. 33. Art. Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Art. 32. Whenever the public interest requires. Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. including job vacancies.
the recruitment agency may still be sued for violation of the employment contract. Suspension and/or cancellation of license or authority. General Orders and Letters of Instructions. the Overseas Employment Development Board. if no notice of the agency agreement's termination was given to the employee. The Minister of Labor 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 Ministry of Labor.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA • These prohibited acts constitutes illegal recruitment as redefined by RA No. 8042. Even if the recruitment agency and the principal had already ended their agency agreement at the tim the worker was injured. Art. 35. . or for violation of the provisions of this and other applicable laws. • • A recruitment agency is solidarily liable for the unpaid salaries of a worker it recruited for employment with foreign principal.
Illegal recruitment. at any time. and act on violation of any provisions of this Title. and MELFA SALIDAGA Chapter III MISCELLANEOUS PROVISIONS Art. inspect the premises. Art. 36. books of accounts and records of any person or entity covered by this Title. Visitorial Power. . 38. 37. 8042. Regulatory power. • Such acts are already contained in RA No. The Secretary of Labor 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 authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title. The Secretary of Labor or his duly authorized representatives may.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Art. require it to submit reports regularly on prescribed forms.
40. The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent. 42.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Any employer employing non-resident foreign nationals on the effective date of this Code shall submit a list of such nationals to the Secretary of Labor within thirty (30) days xxxx. . the alien worker shall be subject to deportation after service of his sentence. For an enterprise registered in preferred areas of investments. The Secretary of Labor shall then determine if they are entitled to an employment permit. and MELFA SALIDAGA Title II EMPLOYMENT OF NON-RESIDENT ALIENS Art. 41. the alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor. Prohibition against transfer of employment After the issuance of an employment permit. In addition. said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor. Any non-resident alien who shall take up employment in violation of the provision of this Title and its implementing rules and regulations shall be punished in accordance with the provisions of Articles 289 and 290 of the Labor Code. Art. Art. Submission of list. Employment permit of non-resident aliens. able and willing at the time of application to perform the services for which the alien is desired.
and MELFA SALIDAGA Permits to be issued: Alien Employment Permit (AEP) – for non-resident alien Alien Employment Registration Certificate (AERC) – for resident alien .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
59. Apprentice – is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter. . Apprenticeship – practical training on the job supplemented by related theoretical instruction.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. (a) Be at least fourteen (14) years of age. Qualifications of apprentice. 58. Art. and MELFA SALIDAGA BOOK TWO HUMAN RESOURCES DEVELOPMENT PROGRAM Title II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS Chapter I APPRENTICES Art. (b) Possess vocational aptitude and capacity for appropriate tests. Apprenticeable occupation – any trade. form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. and (c) Possess the ability to comprehend and follow oral and written instructions. Definition of Terms.
The Department shall develop standard model programs of apprenticeship. The period of apprenticeship shall not exceed six months. 65. Only employers in the highly technical industries may employ apprentices and only in apprenticeable occupations approved by the Secretary of Labor and Employment.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 67. No person shall institute any action for the enforcement of any apprenticeship . 66. Apprenticeship agreements. including the wage rates of apprentices. The decision of the authorized agency of the Department of Labor and Employment may be appealed by any aggrieved person to the Secretary of Labor and Employment within five (5) days from receipt of the decision. Apprenticeship agreements providing for wage rates below the legal minimum wage. the appropriate agency of the Department of Labor and Employment or its authorized representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor and Employment. Art. may be entered into only in accordance with apprenticeship programs duly approved by the Secretary of Labor and Employment. shall conform to the rules issued by the Secretary of Labor and Employment. Art. Exhaustion of administrative remedies. Art. Appeal to the Secretary of Labor and Employment. which in no case shall start below 75 percent of the applicable minimum wage. Contents of apprenticeship agreements. 61. and MELFA SALIDAGA Art. The decision of the Secretary of Labor and Employment shall be final and executory. 60. Employment of apprentices. Art. Upon complaint of any interested person or upon its own initiative. Investigation of violation of apprenticeship agreement.
finally. Appropriate rules in this connection shall be promulgated by the Secretary of Labor and Employment as the need arises. Art. Art. 71. Deductibility of training costs An additional deduction from taxable income of one-half (1/2) of the value of labor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program: • Provided: That such program is duly recognized by the Department of Labor and Employment: • Provided. That such deduction shall not exceed ten (10%) percent of direct labor wage: and ◦ Provided. General rule: The organization of apprenticeship program shall be primarily a voluntary undertaking by employers. Exceptions: (a) When national security or particular requirements of economic development so demand. and (b) Where services of foreign technicians are utilized by private companies in apprenticeable trades. jobs or employment levels where shortage of trained manpower is deemed critical as determined by the Secretary of Labor and Employment. exemptions. That the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. occupations. . Voluntary organization of apprenticeship programs. 70. said companies are required to set up appropriate apprenticeship programs. further. unless he has exhausted all available administrative remedies. the President of the Philippines may require compulsory training of apprentices in certain trades. and MELFA SALIDAGA agreement or damages for breach of any such agreement.
in the case of Filamer Christian Institute vs. 72. and schools on the other. However. the servant was performing an act in furtherance of the interest and for the benefit of the school. Intermediate Apellate Court.. provided the students are given real opportunities to finish their chosen courses under such agreement. Hon. 2180. August 17. and MELFA SALIDAGA Art. the payment of wages . the Implementing Rules provide that there is no employer-employee relationship between students on one hand. The Secretary of Labor and Employment may authorize the hiring of apprentices without compensation (a) whose training on the job is required by ◦ the school or ◦ training program curriculum (b) or as requisite for ◦ graduation or ◦ board examination. Under Art. where there is written agreement under which the former agree to work for the latter in exchange for the privilege to study free of charge. the Supreme Court that the applicable law was Art. 75112. 1992.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Notes: • In relation to Art. 72. the selection and engagement of the employee 2. at the time of incident. an injured party shall have recourse against the servant as well as the petitioners school for whom. GR No. 2180 of the Civil Code and not the Labor Code's implementing rule. • Four-Fold Test in Determining Employer-Employee Relationship 1. et. al. Apprentices without compensation.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. the employer's power to control with respect to the means and methods by which the work is to be accomplished (Brotherhood vs. the power of dismissal 4. and MELFA SALIDAGA 3. Zamora) .
• • . 75. Art. Art. which shall not exceed three (3) months. No experienced workers are available.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Learnership agreement. 73. and. When learners may be hired. Learners may be employed when: 1. The employment does not create unfair competition in terms of labor costs or impair or lower working standards. and A commitment to employ the learners if they so desire. The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage. The employment of learners is necessary to prevent curtailment of employment opportunities. as regular employees upon completion of the learnership. Learners – persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. 74. which agreement shall include: • • The names and addresses of the learners. Any employer desiring to employ learners shall enter into a learnership agreement with them. 3. 2. The duration of the learnership period. and MELFA SALIDAGA Chapter II LEARNERS Art. Learners defined.
Learnership vs. 77. Any violation of this Chapter or its implementing rules and regulations shall be subject to the general penalty clause provided for in this Code. and MELFA SALIDAGA All learners who have been allowed or suffered to work during the first two (2) 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. Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done. Apprenticeship Learnership Similarities: • Both mean training periods for jobs requiring requiring skills that can be acquired through actual work experience Both may be paid wages twentyfive percent lower than the applicable minimum wage Apprenticeship Similarities: • Both mean training periods for jobs requiring requiring skills that can be acquired through actual work experience Both may be paid wages twentyfive percent lower than the applicable minimum wage • • Distinctions: • A learner trains in semi-skilled job or in industrial occupations that require Distinctions: • An apprentice trains in a highly skilled job or in a job found only in highly technical industry . Penalty clause.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Learners in piecework. The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly authorized representative. 76. Art. Art.
no such commitment exists . and MELFA SALIDAGA • • • • Allowed even for non technical jobs Training shall not exceed three months A learner is not an apprentice An employer is committed to hire the learner-trainee as an employee after the training period • • • • Allowed only in highly technical industries Training exceeds three months Conceptually.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. an apprentice is also a learner In apprenticeship.
Handicapped workers – those whose earning capacity is impaired by age or physical or mental deficiency or injury. 78.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. The duration of employment period. Art. and. The rate to be paid the handicapped workers which shall not be less than seventy five (75%) percent of the applicable legal minimum wage. 80. 2. When their employment is necessary to prevent curtailment of employment opportunities. . Handicapped workers may be employed: 1. • • The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative. which agreement shall include: • • The names and addresses of the handicapped workers to be employed. When it does not create unfair competition in labor costs or impair or lower working standards. Art. Definition. Employment agreement. and The work to be performed by handicapped workers. 79. Any employer who employs handicapped workers shall enter into an employment agreement with them. When employable. and MELFA SALIDAGA Chapter III HANDICAPPED WORKERS Art.
136. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married. Minimum employable age. Discrimination prohibited. 135. Art. Art. handicapped workers may be hired as apprentices or learners if: • their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. a woman employee shall be deemed resigned or separated. discharge. . Art. Eligibility for apprenticeship. or to actually dismiss. (a) No child below fifteen (15) years of age shall be employed. except when he works directly under the sole responsibility of his parents or guardian. 81. or to stipulate expressly or tacitly that upon getting married. and MELFA SALIDAGA Art. Stipulation against marriage. and his employment does not in any way interfere with his schooling. (c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment. (b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Subject to the appropriate provisions of this Code. 139. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.
140. Prohibition against child discrimination. (c) with the express agreement of the child concerned. Where a child's (a) employment or participation in public entertainment or information through cinema. and morals. radio. That the (e) following requirements in all instances are strictly complied with: . safety. When a child works directly under the: (a) sole responsibility of his/her parents or legal guardian and (b) where only members of his/her family are employed: Provided. as amended. theater. and the (d) approval of the Department of Labor and Employment: Provided. however.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 2. That his/her (c) employment neither endangers his/her life. nor impairs his/her normal development: Provided. if possible. Section 12 of the same Act. That (d) the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education. further. REPUBLIC ACT NO. health. That the (b) employment contract is concluded by the child's parents or legal guardian. and MELFA SALIDAGA Art. television or other forms of media is essential: Provided. 9231 Law Eliminating the Worst Forms of Child Labor Section 2. is hereby further amended to read as follows: "Sec. or 2. No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. Employment of Children General Rule: Children below fifteen (15) years of age shall not be employed except: 1. further.
a continuing program for training and skills acquisition of the child. the term Child – shall apply to “all persons under eighteen (18) years of age.Under the exceptions provided in Section 12 of this Act. "In the above-exceptional cases where any such child may be employed. Hours of Work of a Working Child. "For purposes of this Article. "(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration. "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day. safety. The same Act. as amended: "(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided. and MELFA SALIDAGA "(a) The employer shall ensure the protection. . and "(c) The employer shall formulate and implement. health. 12-C. is hereby further amended by adding new sections to be denominated as Sections 12-A. That the work shall not be more than four (4) hours at any given day. 12-B. and the duration and arrangement of working time. subject to the approval and supervision of competent authorities. morals and normal development of the child. and in no case beyond forty (40) hours a week. before engaging such child. 2-A. the employer shall first secure. as amended. a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. and 12-D to read as follows: "Sec. .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.” Section 3.
or "(3) The use. offering or exposing of a child for prostitution. such that it: "a) Debases. or practices similar to slavery such as sale and trafficking of children. procuring. Prohibition Against Worst Forms of Child Labor. or "c) Is performed underground. or . procuring or offering of a child for illegal or illicit activities. including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws. including recruitment of children for use in armed conflict. is hazardous or likely to be harmful to the health. by its nature or the circumstances in which it is carried out. for the production of pornography or for pornographic performances. or "(2) The use. or "b) Exposes the child to physical. The phrase "worst forms of child labor" shall refer to any of the following: "(1) All forms of slavery.No child shall be engaged in the worst forms of child labor. or is found to be highly stressful psychologically or may prejudice morals. debt bondage and serfdom and forced or compulsory labor. degrades or demeans the intrinsic worth and dignity of a child as a human being. safety or morals of children. . emotional or sexual abuse. underwater or at dangerous heights. and MELFA SALIDAGA (3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day. or "(4) Work which. "Sec. 12-D. as defined under the "Anti-trafficking in Persons Act of 2003".CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
and MELFA SALIDAGA "d) Involves the use of dangerous machinery. noxious components and the like. but not limited to the dangerous feats of balancing. protozoans. fungi. elements. nematodes and other parasites. or "h) Exposes the child to biological agents such as bacteria. or which requires the manual transport of heavy loads. physical strength or contortion. Prohibition on the Employment of Children in Certain Advertisements. or "f) Is performed in an unhealthy environment exposing the child to hazardous working conditions. or vibrations. co-agents or processes involving ionizing." . substances. or "i) Involves the manufacture or handling of explosives and other pyrotechnic products.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. gambling or any form of violence or pornography." Section 5. 14. tobacco and its byproducts. intoxicating drinks. flammable substances. noise levels. fire. equipment and tools such as power-driven or explosive power-actuated tools. radiation. No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages. or "e) Exposes the child to physical danger such as. Section 14 of the same Act is hereby amended to read as follows: "Sec. or "g) Is performed under particularly difficult conditions. viruses. or to extreme temperatures.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA BOOK THREE CONDITIONS OF EMPLOYMENT Title I WORKING CONDITIONS AND REST PERIODS .
82. and to other officers or members of the managerial staff. Art. managerial employees 3. 83. Coverage. General Rule applicable to health personnel: Health personnel in cities and municipalities with a population of at least one million (1.000) or in hospitals . and MELFA SALIDAGA Chapter I HOURS OF WORK Art. and 6. non-agricultural field personnel 4. officers or members of managerial staff 5.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Field personnel – those 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 work in the field cannot be determined with reasonable certainty.000. government employees 2. Normal hours of work. The provisions of this Title General Rule: Working Conditions and rest periods shall apply to employees in all establishments and undertakings whether for profit or not. workers who are paid by results Managerial employees – those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof. Exceptions: 1. domestic helpers and persons in the personal service of another. The normal hours of work of any employee shall not exceed eight (8) hours a day.
pharmacists. Instead of working 6 days a week. Hours worked shall include: (a) all time during which an employee is required to be on duty or to be at a prescribed workplace. they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. Health personnel for the purpose of Art. Rest periods of short duration during working hours shall be counted as hours worked. the employees waive their OT pay because. For the hours exceeding 8 in a workday. psychologists. laboratory technicians. and (b) all time during which an employee is suffered or permitted to work. the employees will be regularly working for less than 6 days but each workday exceeds 8 hours. Exception: Where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours. the arrangement should not diminish the employees' monthly or daily pay or their established employment benefits. Hours worked. nurses. • . social workers. paramedical technicians. (c) Rest periods of short duration during working hours. nutritionists. and MELFA SALIDAGA and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day. exclusive of time for meals. dietitians. they include resident physicians. Art. 38 of the Labor Code. midwives. Further. 84. in return.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. attendants and all other hospital or clinic personnel. in which case. they will no longer incur transport and other expenses. Allowed on condition that it is freely agreed upon between the employer and majority of the employees. Compressed Work Week • • Resorted to by the employer to prevent serious losses due to causes beyond his control. for five (5) days a week.
Except: Meal period of not less than 20 minutes in the following cases is compensable hours worked. Waiting Time (a) Waiting time spent by an employee shall be considered as working time if: ◦ waiting is an integral part of his work. Work exceeding 12 hrs in a day or 48 hrs in a week should be considered OT. (b) Where the establishment regularly operates not less than sixteen hours a day. 85. and. General Rule: Not less than 1 hour time-off for regular meals is noncompensable. Subject to such regulations as the Secretary of Labor may prescribe. (d) Where the work is necessary to prevent serious loss of perishable . and MELFA SALIDAGA • Extended workday in CWW should not exceed 12 work hours. equipment or installations to avoid serious loss which the employer would otherwise suffer. it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. Meal periods. (b) Working while on call – an employee who is required to remain on call in the employer's premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose. or ◦ the employer is required or engaged by the employer to wait. (a) Where the work is nonmanual work in nature or does not involve strenuous physical exertion. Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. (c) In cases of actual or impending emergencies or there is urgent work to be performed on machineries.
domestic helpers. • • Rest periods or coffee breaks running from 5 to 20 minutes are considered as compensable working time. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. 88. Night shift differential. Art. and. managerial employees. retail and service establishments regularly employing not more than five (5) workers. 4. Work 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 (30%) thereof. 2. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work. 86. • If work done between 10 pm and 6 am is OT work. . Art. field personnel and other employees whose time and performance is unsupervised by the employer. Overtime work. Employees Not Covered by Night Shift Differential 1. 87. and persons in the personal service of another. Undertime not offset by overtime. it becomes only a rest period.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Art. the NSD should be based on the OT rate. If the socalled “meal time” is less than 20 minutes. To shorten meal time to less than 20 minutes is not allowed. an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. 3. 5. and MELFA SALIDAGA goods. government employees.
earthquake. or equipment. the waiver may be permitted. Reason: Offsetting the undertime hours against OT hours would result in undue deprivation of the employee's extra pay for OT work. Any employee may be required by the employer to perform overtime work in any of the following cases: 1. 2. But when the alleged waiver of OT pay is in consideration of benefits and privileges which may even exceed the OT pay. 6. • Right to OT cannot be waived. When there is urgent work to be performed on machines. and. . flood. or other disaster or calamity. and MELFA SALIDAGA Undertime work on any particular day shall not be offset by overtime work on any other day. typhoon. When the work is necessary to prevent loss or damage to perishable goods. fire. When 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. in order to avoid serious loss or damage to the employer or some other cause of similar nature. 89. 3. installations. 4. Emergency overtime work. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive. Art. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality or work is dependent thereon. 5. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. epidemic.
and MELFA SALIDAGA Art. For purposes of computing overtime and other additional remuneration as required by this Chapter. whether operating for profit or not. Chapter II WEEKLY REST PERIODS Art. It shall be the duty of every employer. 90. 91. without deduction on account of facilities provided by the employer. the "regular wage" of an employee shall include the cash wage only. to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. Computation of additional compensation.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. without deduction on account of facilities provided by the employer. Right to weekly rest day. . Regular Wage – includes the cash wage only.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. • Business on Sundays/Holidays . In case of actual or impending emergencies caused by serious accident. ◦ Where. When employer may require work on a rest day. epidemic or other disaster or calamity to prevent loss of life and property. or imminent danger to public safety. the employer may so schedule the weekly rest day of his choice for at least 2 days in a month. However. General Rule: The employer cannot compel employees to work on a rest day. typhoon. ◦ The employee shall make known his preference to the employer in writing at least 7 days before the desired effectivity of the initial rest day so preferred. Weekly Rest Day – every employer shall give his employees a rest period of not less than 24 consecutive hours after every six consecutive normal work days. however. • Schedules of Rest Day shall be made known to the employees through written notices posted conspicuously in the work place at least one week before they become effective. the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. Exceptions: The employer may require his employees to work on any day: 1. 92. the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial measures. flood. .all establishments and enterprises may operate or open for business on Sunday and Holidays provided that the employees are given the weekly rest day and the befits as provided in this Rule. • • Art. earthquake. fire. and MELFA SALIDAGA The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. Preference of employee – the preference of the employee as to his weekly day of rest shall be respected by the employer if the same is based on religious grounds.
Where such holiday work falls on the employee’s scheduled rest . 3. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. In the event of abnormal pressure of work due to special circumstances. subject to payment of additional compensation. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer. To prevent loss or damage to perishable goods. 93.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment. equipment. Where an employee is made or permitted to work on his scheduled rest day. or installation. Art. Compensation for rest day. to avoid serious loss which the employer would otherwise suffer. he shall express such desire in writing. and MELFA SALIDAGA 2. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. and 7. 4. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled. he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. Sunday or holiday work. 5. In cases of urgent work to be performed on the machinery. he shall express such desire in writing. where the employer cannot ordinarily be expected to resort to other measures. 6. When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. • When an employee volunteers to work on his rest day under other circumstances. he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.
Right to holiday pay. Chapter III HOLIDAYS. . 94. he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage. and MELFA SALIDAGA day. the employer shall pay such higher rate.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. except in retail and service establishments regularly employing less than ten (10) workers. Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article. SERVICE INCENTIVE LEAVES AND SERVICE CHARGES Art. Every worker shall be paid his regular daily wage during regular holidays.
he shall not be deemed to be on leave of absence on that day. 4. Good Friday. Temporary or Periodic Shutdown and Temporary Cessation of Work (I. retail and service establishments regularly employing less than ten (10) workers. the ninth of April. Employee on leave of absence without pay on the day immediately preceding a regular holiday – may not be paid the required holiday pay if he has not worked on such regular holiday. 5. and As used in this Article. Where the day immediately preceding the holiday is a non-working day in the establishment or the sche4duled rest day of the employee. the twelfth of June. and MELFA SALIDAGA The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. in which case he shall be entitled to the holiday pay if he worked on the day immediately preceding the non-working day or rest day. Absences • • Employee on leave of absence with pay – entitled to the benefit provided herein. and. and persons in the personal service of another. 2. the fourth of July. repair of equipment) – regular holidays falling within this period is compensable. the thirtieth of November. field personnel and other employees whose time and performance is unsupervised by the employer. managerial employees. Maundy Thursday. Temporary or Periodic Shutdown and Temporary Cessation of Work • • • . government employees. Employees Not Covered by Holidays Pay 1. the first of May.e inventory. domestic helpers. "holiday" includes: New Year’s Day. 3. the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.
that in no case shall the holiday pay be less than the applicable statutory minimum wage rate. he is entitled to 300% of his basic wage. If he worked. or (2) be on leave with pay. 5. New Year’s day Maundy Thursday Good Friday Araw ng Kagitingan Labor Day Independence Day Jan. 3. provided. Holidays 1. Successive Regular Holidays – where there are two (2) successive regular holidays. Holiday Pay of Certain Employees (a) Private School Teachers including faculty members of college and universities – may not be paid regular holidays during semestral vacations. (c) Seasonal Workers – may not be paid the required holiday pay during offseason when they are not at work.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. an employee may not be paid for both holidays if he absents himself from work on the day immediately preceding the first holiday. Paid for the regular holidays during Christmas vacation. Double Holiday – an employee who is entitled to holiday pay should receive at least 200% of his basic wage even if he did not work on that day. and MELFA SALIDAGA Due to Business Reverses – regular holidays falling within this period is not compensable. (d) Workers Without Regular Working Days – entitled to the benefits. 4. he was present or on leave with pay on the preceding work day. in which case he is entitled to his holiday pay on the second holiday. 1 Movable date Movable date April 9 May 1 June 12 . Provided however. To be entitled to two (2) successive holidays. 2. employee must: (1) be present on the day immediately preceding the 1st holiday. unless he works on the first holiday. (b) Employee Paid by Results (Payment on Piece Work) – holiday pay shall not be less than his average daily earnings for the last 7 actual working days preceding the regular holiday. 6.
practice or CBA granting payment of wages on special days even if unworked. Christmas Day 11. Special Days • Unworked – no pay unless there is a favorable company policy. Eidul Fit’r 10. 3. 21 Rules on Payment of Holiday Pay 1. 30 - Nov. Bonifacio Day 9. 25 Dec. Worked o 1st 8 hrs o Excess of 8 hrs +30% of the daily rate of 100% +30% of hourly rate on said day 100% +30% of 200% +30% of hourly rate on said day • . and MELFA SALIDAGA 7. 6.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. If it is employee’s rest day: • Unworked: • Worked: o 1st 8 hrs o Excess of 8 hrs 2. 5. 31 Aug. 30 Movable date Dec. 1 Dec. If it is employee’s regular work day: • Unworked: 100% • Worked: o 1st 8 hrs 200% o Excess of 8 hrs +30% of hourly rate on said day b. Special Non-working Days Special Public Holidays Special national Holiday All Saint’s Day Last Day of the Year Ninoy Aquino Day - Last Sunday of August Nov. 4. National heroes Day 8. Rizal Day Special Days 1. 2. Regular Holidays a.
5. At least 1 year service – service for not less than 12 months. Employees Not Covered by SIL 1. Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. 3. Special Working Holidays – only basic rate Art. managerial employees. government employees. Right to service incentive leave. field personnel and other employees whose time and performance is unsupervised by the employer. whether continuous or broken reckoned from the date the employee started working.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action. those who are already enjoying the benefit herein provided. 2. and MELFA SALIDAGA • Falling on employee’s rest day and if worked o 1st 8 hrs o Excess of 8 hrs +50% of the daily rate of 100% +30% of hourly rate on said day 3. and persons in the personal service of another. . those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment. 95. domestic helpers. • Service Incentive Leave (SIL) is commutable to its money equivalent if not used or exhausted at the end of the year. This provision shall not apply to those who are already enjoying the benefit herein provided. 4.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. including those entities operating primarily as private subsidiaries of the Government. Distribution • • • • 85% distributed equally among the covered employees. and MELFA SALIDAGA 6. 96. and irrespective of the method by which their wages are paid except to managerial employees. regardless of their positions. Distributed and paid to the employees not less than once every 2 weeks or twice a month at intervals not exceeding 16 days. 7. Art. Supervisors share in the 15%. lodging houses. bars. nightclubs. and. restaurants and similar establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (15%) for management. the share of the covered employees shall be considered integrated in their wages. In case the service charge is abolished. 15% for the disposition by management to answer losses and breakages and distribution to managerial employees at the discretion of the management in the latter case. casinos and gambling houses. . those employed in establishments regularly employing less than ten (10) employees. Employees covered – all employees of employers are covered. cocktail lounge. those enjoying vacation leave with pay of at least five (5) days. massage clinics.” not “managerial employees. designations or employment status. The share of the employees shall be equally distributed among them. 8. and similar enterprises.” Vacation Leave / Sick Leave – not required by law and depends on voluntary employer policy or collective bargaining. Service charges. those exempted by the Secretary of Labor. The Labor Code speaks of “management. Service Charges – apply only to establishments collecting service charges such as hotels. All service charges collected by hotels. restaurants.
• Solo parent – woman who gives birth as a result of rape or crimes against chastity. No. the entitlement of leave is seven calendar days. (c) he has applied for paternity leave in accordance with Sec. to apply for the issuance of a protection order. she is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. If suchvictim is an employee. • The employee has to submit a certification from the Punong Barangay or Kagawad. (b) he is cohabiting with his wife at the time she gives birth or suffers a miscarriage. which may be physical. 4 of the law's implementing rules. Moreover. a widow or widower. (d) his wife has given birth or suffered a miscarriage. 88187) It grants seven days of paternity leave with full pay to married male employees in the private and public sectors.A. or prosecutor or clerk of court that an action under RA 9262 has been filed and is pending. a spouse separated legally or de facto for at least one year and so forth. other laws and company policies. • In the Revised Implementing Rules issued by DOLE and the Department of Health. • . The conditions for entitlement are: (a) the claimant. Leave Under RA 9262 (Anti-Violence Against Women and their Children Act of 2004) – allows the victim of violence. Paternity Leave Act of 1996 (R. married male employee is employed at the time of delivery of his child. and MELFA SALIDAGA Solo Parent Leave – a parental leave of not more than 7 working days every years shall be granted to any solo parent employee who has rendered service of at least one (1) year. or psychological. The claimant must show that he/she is left alone with the responsibility of parenthood. sexual. abortion has been delisted from the coverage of paternity leave law.
including government-owned and controlled corporations. 851 Requiring All Employers to Pay Their Employees A 13th-Month Pay Revised Guidelines on the Implementation of the 13th Month pay Law Payment of 13th-month Pay. (b) Employers already paying their employees 13-month pay or more in a calendar year or its equivalent at the time of this issuance. and those who are paid a fixed amount for performing a specific work. except where the workers are paid on piece-rate basis in which case the employer shall be covered by this issuance insofar as such workers are concerned. . and MELFA SALIDAGA PRESIDENTIAL DECREE NO. . boundary. . (c) Employers of household helpers and persons in the personal service of another in relation to such workers. Employers covered. except those corporations operating essentially as private subsidiaries of the Government.All employers are hereby required to pay all their rank-and-file employees a 13th-month pay not later than December 24 of every year. workers paid on piece-rate basis shall refer to those who are paid a standard amount for every piece or unit of work produced that is more or less regularly replicated. and (d) Employers of those who are paid on purely commission. without regard to the time spent in producing the same. irrespective of the time consumed in the performance thereof. Thirteenth-month pay – shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. As used herein.The Decree shall apply to all employers except to: (a) The Government and any of its political subdivisions. or task basis.
and MELFA SALIDAGA The term "its equivalent" as used in paragraph c) hereof shall include Christmas bonus. night differential and holiday pay. b. overtime premium. Basic Salary . the employer can also require the employee to demand the employee to clear himself of all the liabilities and accountabilities upon the termination of the relationship. 13th-month Pay for Certain Types of Employees a. 13th-month Pay of resigned or Separated Employee Such resigned or separated employee is entitled of the amount equivalent to 1/12 of his total basic salary earned during such year when he was still working with his employer. as well as non-monetary benefits.the minimum 13th month pay required by law shall not be less than 1/12 of the total basic salary earned by an employee within a calendar year. Consistent with the principle of equity. Private school teachers – entitled to the required 13th month pay if they have rendered service for at least one (1) month within a year. Minimum amount . mid-year bonus nd other cash bonuses amounting to not less than 1/12th of the basic salary but shall not include cash and stock dividends. c.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. cost of living allowances and all other allowances regularly enjoyed by the employee. Employees paid by results – entitled to the mandated 13th-month pay based on their total earnings during the calendar year. and cost of living allowances. such as the cash equivalent of unused vacation and sick leave credits. . Those with multiple employer – entitled to the required 13th month pay from all their private employers regardless of their total earnings from each or all of their employers.for the purpose of computing the 13th month pay shall include all remuneration or earning paid by his employer for services rendered but does not include allowances and monetary benefits which are considered or integrated as part of the regular or basic salary.
As used in this Title: .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 97. and MELFA SALIDAGA Title II WAGES Chapter I PRELIMINARY MATTERS Art. Definitions.
Employee – includes any individual employed by an employer. 97 (f) Facilities – include articles or services (such as board and lodging) for the benefit of the employee or his family (IRR of the Labor Code). or other method of calculating the same. Requirements for facilities to be wage-deductible (a) Proof must be shown that such facilities are customarily furnished by the trade. piece. corporation. Employ – includes to suffer or permit to work. lodging. capable of being expressed in terms of money. Employer – 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. however designated. partnership. subdivisions and instrumentalities. or other facilities customarily furnished by the employer to the employee. . of board. as determined by the Secretary of Labor and Employment. It is not wage deductible. or for services rendered or to be rendered and includes the fair and reasonable value. or commission basis. business trust. Wage – paid to any employee shall mean the remuneration or earnings. task. whether fixed or ascertained on a time. legal representatives. all government-owned or controlled corporations and institutions. and. (b) Provision of deductible facilities must be voluntarily accepted in writing by the employee. or any organized group of persons. or organizations.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. as well as non-profit private institutions. which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done. association. Facilities as Distinguished from Supplements Supplement – when the benefit or privilege given to the employee constitute an extra remuneration over and above his basic or ordinary earning or wage. and MELFA SALIDAGA Person – means an individual. Wage Includes Facilities or Commodities (Art.
1989). • The intention of this article is to exclude small businesses that probably cannot afford to pay the wage rates set by law. Republic Act No. This Title shall not apply to farm tenancy or leasehold. Chapter II MINIMUM WAGE RATES Art. . and MELFA SALIDAGA (c) facilities must be charged at fair and reasonable value as determined by the Secretary of Labor and Employment. domestic service and persons working in their respective homes in needle work or in any cottage industry duly registered in accordance with law. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. Art. June 9. Regional minimum wages. 99. 98. 6727. Application of Title. (As amended by Section 3.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
Prohibition against elimination or diminution of benefits. or other employee benefits being enjoyed at the time of promulgation of this Code. industrial rate applies to manufacturing or processing of farm products. and MELFA SALIDAGA • Who sets minimum wage? o Regional Tripartite Wages and Productivity Board o Congress Minimum wage – the lowest wage rate fixed by law that an employer can pay his employees. Exceptions: (a) if the practice is due to error (but it must be done soon after the discovery of the error).CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 101. (b) the benefit being claimed is a contingent or conditional benefit Art. Payment by results. Non-diminution rule – it essentially means that benefits being given to employees cannot be taken back or reduced unilaterally by the employer because the benefit has become part of the employment contract. 129) or Labor Arbiter (Art. A worker is daily-paid if he gets paid only for days he actually worked. Agricultural rate applies to farm work from land preparation to harvesting. including pakyao. in order to ensure . piecework. Nothing in this Book shall be construed to eliminate or in any way diminish supplements. A worker is monthly-paid if his monthly rate covers all the days of the month. The Secretary of Labor and Employment shall regulate the payment of wages by results. Agricultural wage rates are generally lower than the industrial. written or unwritten. and other non-time work. Complaint may be brought before the DOLE regional office (Art. 217). 100. Art.
Under the first category. individual or collective agreement or company policy or practice . the number of pieces produced is multiplied by the rate per piece as determined by the employer. Piece-rate workers may be subdivided into two categories (a) those who are paid piece rates which are prescribed in Piece Rate Orders issued by DOLE. Under the second category. the employer must make up the difference. But if the amount is lower than the legal daily rate. preferably through time and motion studies or in consultation with representatives of workers’ and employers’ organizations. Piece-rate Employees are Entitled to the Following Minimum Wage and Benefits (a) the applicable statutory minimum daily rate (b) yearly service incentive leave of five (5) days with pay (c) night shift differential pay (d) holiday pay (e) meal and rest periods (f) overtime pay (conditional) (g) premium pay (h) 13th month pay (i) other benefits granted by law. wages or earnings are determined by simply multiplying the number of pieces produced by the pay rate per piece. (b) those who are paid output rates which are prescribed by the employer and are not yet approved by the DOLE. and MELFA SALIDAGA the payment of fair and reasonable wage rates.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
. vouchers. chits. and MELFA SALIDAGA Chapter III PAYMENT OF WAGES Art. No employer shall pay the wages of an employee by means of promissory notes. coupons. tickets. tokens. or any object other than legal tender. 102. even when expressly requested by the employee. Forms of payment.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement.
Art. 103. Time of payment.
General Rule: Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. Exception: If on account of force majeure or circumstances beyond the employer’s control payment of wages on or within the time herein provided cannot be made • The employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award: (a) That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed; (b) That final settlement is made upon completion of the work. The IRR of the Code requires every employer to pay his employees through payroll. They payroll should clearly, among other data, the employee's pay rate, the deductions made, and the amount actually paid. Also required are employees' individual time records.
Art. 104. Place of payment.
General Rule: Payment of wages shall be made at or near the place of undertaking
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
Exception: As otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under conditions to ensure greater protection of wages.
Art. 105. Direct payment of wages.
General Rule: Wages shall be paid directly to the workers to whom they are due. Exceptions: • • In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose; or Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons. If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.
Art. 106. Contractor or subcontractor.
Whenever an employer enters into a contract with another person for the performance of the former’s work, the employees of the contractor and of the latter’s subcontractor, if any, shall be paid in accordance with the provisions of this Code. In 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
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
or subcontractor to such employees--▪ to the extent of the work performed under the contract, in the ▪ same manner and extent that he is liable to employees directly employed by him. The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code. In so prohibiting or restricting, he may make appropriate distinctions between (a) labor-only contracting and (b) 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. Types of Contracting-out of Labor (a) Labor-only contracting ( which is prohibited under DO No. 18-02) (b) Job Contracting (which is permissible under DO. No. 18-02) Labor-only contracting – where the person supplying workers to an employer: (a) does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and (b) the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. ▪ In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him.
(c) the contractor does not exercise the right to control the performance of the work of the contractual employee (as provided in DO No. 18-02). Job Contractor – someone who: (a) carries on an independent business and undertakes the contracted work on his own manner and method, free from the control and direction of his employer or principal in all the matters connected with the performance of the work, except as to the results thereof; and
(d) make the contractor's employee sign a contract fixing the period of employment to a term shorter than the term of the contract between the principal and the contractor unless the latter contract is divisible into phases for which substantially different skills are required and this (fact) is made known to the employee at the time of the engagement.O. To contract out is a proprietary right of employer to exercise an inherent management prerogative. equipment. No. 18-02 (a) contracting out that results in termination of regular employees and reduction of work hours or reduction or splitting of the bargaining unit (such contracting out is prohibited only if it is not done in good faith and not justified by exigencies of the business). and other materials necessary to conduct the business. the functions of regular employees. work or service within a definite or predetermined period regardless of whether such job. aside from his assigned functions.” Unless it is proved that management acted in a malicious or arbitrary manner. . or which (b) take advantage of the economic hardship of the contractual employees. • Court decisions have been using “job contractor” and “independent contractor” interchangeably.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. The employer has the right to “promote efficiency and attain economy” and to determine whether services “should be performed by its personnel or contracted to outside agencies. and MELFA SALIDAGA (b) has substantial capital or investment in the form of tools. All in all. (b) requiring the contractor's employee to perform. work or service is to be performed or completed within or outside the premises of the principal. machineries.” Contracting – an arrangement whereby a principal agrees to put out or farm out with a contractor or subcontractor the performance or completion of a specific job. (c) requiring the contractor's employee to sign a waiver of labor standards. work premises. “ the Court will not interfere with the exercise of judgment by an employer. More Contracting Prohibitions Under Section 6 of D. the additional prohibitions refer to schemes which: (a) skirt around the workers' rights to security of tenure and to self-organize. unless such employer is acting in a malicious or arbitrary manner. or a quitclaim freeing the principal or contractor from liability for future claims.
Art. association or corporation which. An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract. task.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. job or project. The provisions of the immediately preceding article shall likewise apply to any person. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. 1989) . Solidary liability. 108. his workers shall enjoy first preference as regards their wages and other monetary claims. not being an employer. every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of this Code. (As amended by Section 1. 109. Posting of bond. Worker preference in case of bankruptcy. March 21. In the event of bankruptcy or liquidation of an employer’s business. Art. and MELFA SALIDAGA They are circumventive and exploitative schemes. Indirect employer. on condition that the bond will answer for the wages due the employees should the contractor or subcontractor. The provisions of existing laws to the contrary notwithstanding. If the liability is in the nature of penalty. the liability should be solely that of the contractor if there is no proof that the principal conspired with the contractor in committing the wrongful dismissal of the contractor's worker. any provisions of law to the contrary notwithstanding. Republic Act No. fail to pay the same. they shall be considered as direct employers. For purposes of determining the extent of their civil liability under this Chapter. Art. 107. 6715. such as backwages and separation pay because of a wrongful dismissal. partnership. 110. as the case may be. Art. contracts with an independent contractor for the performance of any work.
Art. or oblige his employees to purchase merchandise. Chapter IV PROHIBITIONS REGARDING WAGES Art. the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. compel. 112. He shall not in any manner force.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Attorney’s fees. including claims of its employees. 111. It shall be unlawful for any person to demand or accept. commodities or other property from any other person. attorney’s fees which exceed ten percent of the amount of wages recovered. in any judicial or administrative proceedings for the recovery of wages. or otherwise make use of any store or services of such . and MELFA SALIDAGA Liquidation – is what happens when a corporation terminates its corporate existence: it settles and closes its affairs by disposing of its assets and paying off its debts. In cases of unlawful withholding of wages.
113. (f) Union dues. in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned. (i) Deductions for loss or damage. (e) Deductions for payment to third persons. in his own behalf or in behalf of any person. (g) Agency fee. shelter. shall make any deduction from the wages of his employees. clothing. where such indebtedness has become due and demandable. (d) Salary deductions of a member of a legally established cooperative. and the deduction is to recompense the employer for the amount paid by him as premium on the insurance. .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Wage deduction. wages may be subject of execution or attachment. (c) Withholding tax. but only for debts incurred for food. Exceptions: (a) In cases where the worker is insured with his consent by the employer. upon written authorization of the employee. and medical attendance. and (c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment. and MELFA SALIDAGA employer or any other person. (b) In court awards. (h) Deductions for value of meal and other facilities. Additional to the Authorized Deductions (a) In cases where the employee is indebted to the employer. General Rule: No employer. Art. (b) For union dues.
115. directly or indirectly. 114. (c) the amount of the deduction is fair and reasonable and shall not exceed the actual loss or damage. the employer may agree to make deduction but is not obliged to do so. and his responsibility has been clearly shown. or is necessary or desirable as determined by the Secretary of Labor and Employment in appropriate rules and regulations. and MELFA SALIDAGA (j) SSS. Withholding of wages and kickbacks prohibited. Art. (d) the deduction from the employee's wage does not exceed 20% of the employee's wages in a week. occupations or business where the practice of making deductions or requiring deposits is a recognized one. Exceptions: When the employer is engaged in such trades. He must not receive any pecuniary benefit. No deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon. from the transaction. Four Conditions to Met Before Payments for Lost or Damaged Equipment May Be Deducted (a) the employee is shown to be responsible for the loss or damage. Art. PagIBIG premiums. and. Under the circumstance of employee's payment obligation to a third person. (b) the employee is given ample opportunity to show cause why deduction should not be made. Deposits for loss or damage. Limitations. Medicare. or equipment supplied by the employer. materials. 116. General Rule: No employer shall require his worker to make deposits from which deductions shall be made for the reimbursement of loss of or damage to tools. Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. .
. False reporting. It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment. 119. The inefficiency or violation can be acted upon in some way but not by withholding the wages. report or record to be false in any material respect. The earned wages must be paid on time and in full. It shall be unlawful for any person to make any statement. intimidation. Art. report. It shall be unlawful for an employer: • • • • to refuse to pay or reduce the wages and benefits. and MELFA SALIDAGA It shall be unlawful for any person. to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force. 118. 117. Deduction to ensure employment. stealth. The employer cannot refuse to pay the wages because the employee has not yet submitted a required report or has violated certain company policy. threat or by any other means whatsoever without the worker’s consent. Art. discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings. or record filed or kept pursuant to the provisions of this Code knowing such statement.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. directly or indirectly. Art. Retaliatory measures.
Creation of National Wages and Productivity Commission. and MELFA SALIDAGA Chapter V WAGE STUDIES. 120. WAGE AGREEMENTS AND WAGE DETERMINATION Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. .
which shall be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. incomes and productivity. (c) To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional. workers and employers for the consideration of measures to promote wage rationalization and productivity. (e) To undertake studies. and to collect and compile data and periodically disseminate information on wages and productivity and other related information. from time to time. incomes and productivity improvement at the enterprise. costof-living. Powers and functions of the Commission. labor costs. but not limited to. Art. (h) To call. (g) To exercise technical and administrative supervision over the Regional Tripartite Wages and Productivity Boards. June 9. 121. or industry levels. researches and surveys necessary for the attainment of its functions and objectives. including. (As amended by Republic Act No. hereinafter referred to as the Commission. (d) To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans. 6727. industry and national levels. (f) To review plans and programs of the Regional Tripartite Wages and Productivity Boards to determine whether these are consistent with national development plans. 1989). and . and MELFA SALIDAGA There is hereby created a National Wages and Productivity Commission.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. employment. a national tripartite conference of representatives of government. provincial. investments and returns. (b) To formulate policies and guidelines on wages. The Commission shall have the following powers and functions: (a) To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages.
salary. while the Deputy Directors shall have the same rank. The Executive Director of the Commission shall also be a member of the Commission. The members of the Commission representing labor and management shall have the same rank. The Commission shall be assisted by a Secretariat to be headed by an Executive Director and two (2) Deputy Directors. (b) the Director-General of the National Economic and Development Authority (NEDA) as ex-officio vice-chairman. allowances and other benefits as those prescribed by law for labor and management representatives in the Employees’ Compensation Commission.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. in all regions. There is hereby created Regional Tripartite Wages and Productivity Boards. The Commission shall determine the offices/headquarters of the respective Regional Boards. and who shall serve for a term of five (5) years. upon the recommendation of the Secretary of Labor and Employment. and MELFA SALIDAGA (i) To exercise such powers and functions as may be necessary to implement this Act. benefits and other emoluments as that of a Bureau Director. 6727. benefits and other emoluments as that of a Department Assistant Secretary. The Executive Director shall have the same rank. emoluments. Creation of Regional Tripartite Wages and Productivity Boards. (c) and two (2) members each from workers’ and employers’ sectors who shall be appointed by the President of the Philippines upon recommendation of the Secretary of Labor and Employment to be made on the basis of the list of nominees submitted by the workers’ and employers’ sectors. 122. respectively. hereinafter referred to as Regional Boards. including autonomous regions as may be established by law. who shall be appointed by the President of the Philippines. The Commission shall be composed of (a) the Secretary of Labor and Employment as ex-officio chairman. (As amended by Republic Act No. 1989) Art. salary. June 9. Powers and functions of the Regional Boards in their respective territorial jurisdictions .
programs and projects relative to wages. (d) To coordinate with the other Regional Boards as may be necessary to attain the policy and intention of this Code. and projects of the Regional Boards referred to in the second paragraph. That the Regional Boards shall have technical supervision over the regional office of the Department of Labor and Employment with respect to the implementation of said plans. (c) To undertake studies. Implementation of the plans. incomes and productivity improvement for their respective regions. process and act on applications for exemption from prescribed wage rates as may be provided by law or any Wage Order. upon the recommendation of the Secretary of Labor and Employment. (b) the Regional Directors of the National Economic and Development Authority and the Department of Trade and Industry as vice-chairmen and (c) two (2) members each from workers’ and employers’ sectors who shall be appointed by the President of the Philippines. to be made on the basis of the list of nominees submitted by the workers’ and employers’ sectors. subject to guidelines issued by the Commission. letter (a) of this Article.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. programs. researches. programs and projects. incomes. and (f) To exercise such other powers and functions as may be necessary to carry out their mandate under this Code. and to collect and compile data on wages. . productivity and other related information and periodically disseminate the same. and surveys necessary for the attainment of their functions. and MELFA SALIDAGA (a) To develop plans. Provided. (e) To receive. objectives and programs. shall be through the respective regional offices of the Department of Labor and Employment within their territorial jurisdiction. however. Each Regional Board shall be composed of (a) the Regional Director of the Department of Labor and Employment as chairman. provinces or industries therein and to issue the corresponding wage orders. (b) To determine and fix minimum wage rates applicable in their regions.
Whenever conditions in the region so warrant. 6727. (As amended by Republic Act No. 123. In the performance of its wage-determining functions. 6727. June 9. shall proceed to determine whether a Wage Order should be issued. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1) newspaper of general circulation in the region. June 9.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA respectively. Each Regional Board to be headed by its chairman shall be assisted by a Secretariat. A wage order issued without the required public consultation and newspaper publication is null and void. (As amended by Republic Act No. . are ineffectual. an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase. 1989) Art. and based on the standards and criteria herein prescribed. 1989) Guidelines issued by the Regional Tripartite Wages and Productivity Boards (RTWPB) without the approval of or. The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission. contrary to those promulgated by the National Wages and Productivity Commission (NWPC). the Regional Board shall investigate and study all pertinent facts. Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. in the event such order is affirmed. void and cannot be the source of rights and privileges. worse. Wage Order. and who shall serve for a term of five (5) years. the Regional Board shall conduct public hearings/consultations. city and municipal officials and other interested parties. giving notices to employees’ and employers’ groups. provincial. It shall be mandatory for the Commission to decide such appeal within sixty (60) calendar days from the filing thereof.
. and MELFA SALIDAGA Refusal or Failure to Comply with a Wage Order (RA 8188) • Refusal or failure to comply with a wage order is punishable ▪ with fine ranging from P25. consider the following: (a) The demand for living wages. among other relevant factors. Art. (d) The needs of workers and their families.00 or ▪ imprisonment from two to four years or ▪ both fine and imprisonment. • The employer shall further be ordered to pay an amount double the unpaid benefits owing to the employee.000. Workers and employees in retail/service establishments regularly employing not more than 10 workers. (e) The need to induce industries to invest in the countryside. and workers in the personal service of another. Employees Not Covered by Wage Order a. efficiency and general well-being of the employees within the framework of the national economic and social development program. (c) The cost of living and changes or increases therein. Workers and employees in new business enterprises outside the NC and export processing zobnes for a period of not more than two or three years. (f) Improvements in standards of living. Household or domestic helpers.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. (b) Wage adjustment vis-à-vis the consumer price index. b. 124. The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health.000 to P1. In the determination of such regional minimum wages. c. and. the Regional Board shall. Standards/Criteria for minimum wage fixing.
(h) Fair return of the capital invested and capacity to pay of employers. apprentices and disabled/handicapped workers who were hired under the terms prescribed in the employment contracts. such dispute shall be decided by the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred to voluntary arbitration.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. In cases where there are no collective agreements or recognized labor unions: • The employers and workers shall endeavor to correct such distortions. These wages shall include wages varying with industries. conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and. partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board. The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. through voluntary arbitration. and their corresponding salaries and wages. (i) Effects on employment generation and family income. Commission and the National Statistics Office. Where the application of any prescribed wage increase by virtue of a law or wage order issued by any Regional Board results in distortions of the wage structure within an establishment: • • • The employer and the union shall negotiate to correct the distortions. . provinces or localities if in the judgment of the Regional Board. corporation. an itemized listing of their labor component. specifying the names of their workers and employees below the managerial level. and (j) The equitable distribution of income and wealth along the imperatives of economic and social development. if it remains unresolved. company. including learners. and MELFA SALIDAGA (g) The prevailing wage levels. Unless otherwise agreed by the parties in writing. Any person.
or other logical bases of differentiation. (As amended by Republic Act No.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. pakyaw or task basis. shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). 6727. degrees of responsibility. or some similar factors. Job levels – are determined by using such grading factors as skills requirement. 1989) Wage distortion – simply means that if the pay advantage of a position over another is removed or significantly reduced by a pay adjustment required by a wage order. and MELFA SALIDAGA • • Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and. length of service. knowledge required. The 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 wage order. if it remains unresolved after ten (10) calendar days of conciliation. All workers paid by result. including those who are paid on piecework. working conditions. the higher the pay grade. All recognized learnership and apprenticeship agreements shall be considered automatically modified insofar as their wage clauses are concerned to reflect the prescribed wage rates. takay. If the duly established pay level differentations in the company are obliterated or . It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. The job grades aim to approximate the relative importance of jobs and to pay them accordingly: the higher the job level. June 9. Wage distortion – means 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 skills. such pay advantage should somehow be restored. or a proportion thereof for working less than eight (8) hours. shall receive not less than the prescribed wage rates per eight (8) hours of work a day.
Wage distortion involves comparison of job located in the same region. Art. and MELFA SALIDAGA severely contracted. Examination of alleged salary distortion is limited to jobs or position in the same employer in the same region. June 9. June 9. 6727. 127. Non-diminution of benefits. Prohibition against injunction. (As amended by Republic Act No. 6727. No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress. No preliminary or permanent injunction or temporary restraining order may be issued by any court. 126. 6727. (As amended by Republic Act No. No wage order shall be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages with their respective employers. 1989) Art. Freedom to bargain.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. 1989) Art. 125. such that the previous pay gaps are gone or almost gone. then there is salary distortion. Any issue involving wage distortion is not a valid ground for a strike or lockout. (As amended by Republic Act No. June 9. Pay disparity of same comparable jobs in different regions cannot be considered a wage distortion. 1989) . tribunal or other entity against any proceedings before the Commission or the Regional Boards.
. and MELFA SALIDAGA Title III WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES Chapter I EMPLOYMENT OF WOMEN Art.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Nightwork prohibition. 130.
between midnight and six o’clock in the morning of the following day. to avoid serious loss which the employer would otherwise suffer. or (c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours. or where the woman employee has been engaged to provide health and welfare services. with or without compensation: (a) In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the morning of the following day. equipment or installation. to prevent loss of life or property. epidemic or other disasters or calamity. flood. 131. earthquake. The prohibitions prescribed by the preceding Article shall not apply in any of the following cases: (a) In cases of actual or impending emergencies caused by serious accident. other than agricultural. typhoon. and (g) Under other analogous cases exempted by the Secretary of Labor and . (b) In case of urgent work to be performed on machineries. (d) Where the woman employee holds a responsible position of managerial or technical nature. shall be employed or permitted or suffered to work.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Art. or in cases of force majeure or imminent danger to public safety. regardless of age. (c) Where the work is necessary to prevent serious loss of perishable goods. or (b) In any commercial or non-industrial undertaking or branch thereof. (e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers. Exceptions. and MELFA SALIDAGA No woman. fire. (f) Where the women employees are immediate members of the family operating the establishment or undertaking.
(c) The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee . and MELFA SALIDAGA Employment in appropriate regulations. unless she has earned unused leave credits from which such extended leave may be charged. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. Art. which renders the woman unfit for work. and (d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. 133. (b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy. (a) Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months. (c) To establish a nursery in a workplace for the benefit of the women employees therein. The Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. (b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women. require any employer to: (a) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours. maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. In appropriate cases. 132. provided they can perform their duties in this position without detriment to efficiency. delivery. abortion or miscarriage. he shall. Maternity leave benefits. by regulations.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Facilities for women. Art.
subject to the following conditions: (a) employee shall have notified her employer of her pregnancy and the probable date of her childbirth. 134. the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to. Maternity Leave under the SS Law Sec. (b) full payment shall be advanced by the employer within 30 days from filing of the maternity leave application. (a) Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include. . Family planning services. 14-A. the application or use of contraceptive pills and intrauterine devices. (b) In coordination with other agencies of the government engaged in the . which notice shall be transmitted to the SSS. but not be limited to. and MELFA SALIDAGA after the effectivity of this Code. Maternity Leave Benefit. (d) maternity benefits shall be paid only for the first four deliveries or miscarriages. (f) if an employee member should give birth or suffer miscarriage without the required contribution. incentives for family planning.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. (e) the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee. (c) payment of daily maternity benefits shall be a bar to the recovery of sickness benefits to be received. Art.A female member who has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her average daily salary credit for 60 days or 78 days in case of caesarian delivery.
. and MELFA SALIDAGA promotion of family planning. study and scholarship grants solely on account of their sexes. Art. which may include claims for damages and other affirmative reliefs. Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married. or to actually dismiss. a woman employee shall be deemed resigned or separated. 6725. Stipulation against marriage. and (b) Favoring a male employee over a female employee with respect to promotion. to a female employees as against a male employee. The actions hereby authorized shall proceed independently of each other. including wage. salary or other form of remuneration and fringe benefits. training opportunities. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. discharge. for work of equal value. May 12. the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise. discriminate or otherwise prejudice a woman employee merely by reason of her marriage. 136. That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims. Discrimination prohibited. 1989) Art. (As amended by Republic Act No.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. The following are acts of discrimination: (a) Payment of a lesser compensation. or to stipulate expressly or tacitly that upon getting married. 135.
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
Art. 137. Prohibited acts.
It shall be unlawful for any employer: (1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. (2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; (3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant.
Art. 138. Classification of certain women workers.
Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.
REPUBLIC ACT NO. 7877 An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for Other Purposes
SECTION 2. Declaration of Policy. - The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. SECTION 3. Work, Education or Training -Related, Sexual Harassment
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual
CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA
harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall: (a) Promulgate appropriate rules and regulations in consultation with and joint1y approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions. (b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees. In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be. The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.
. or a fine of not less than Ten thousand pesos (P10. Minimum employable age. educational or training institution is informed of such acts by the offended party and no immediate action is taken. Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years. SECTION 7. and MELFA SALIDAGA SECTION 5. or both such fine and imprisonment at the discretion of the court. education or training environment if the employer or head of office.000) nor more than Twenty thousand pesos (P20. be penalized by imprisonment of not less than one (1) month nor more than six (6) months.000). Liability of the Employer. Penalties. education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief. Chapter II EMPLOYMENT OF MINORS Art.The employer or head of office. (a) No child below fifteen (15) years of age shall be employed. SECTION 6. . Head of Office. (b) Any person between fifteen (15) and eighteen (18) years of age may be .Nothing in this Act shall preclude the victim of work.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and his employment does not in any way interfere with his schooling. 139. Independent Action for Damages. except • • when he works directly under the sole responsibility of his parents or guardian. . educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment. Educational or Training Institution. upon conviction.Any person who violates the provisions of this Act shall.
including services of family drivers.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. 141. Coverage. 140. Prohibition against child discrimination. Chapter III EMPLOYMENT OF HOUSEHELPERS Art. Art. This Chapter shall apply to all persons rendering services in households for compensation. . Domestic or household service – shall mean service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household. (c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment. and MELFA SALIDAGA employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations.
142. That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof. Minimum wage. Muntinlupa. (2) Six hundred fifty pesos (P650. Pasay. Minimum cash wage.00) shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Art. Mandaluyong. Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800. 1993) Art. Valenzuela. Art. Taguig and Pateros in Metro Manila and in highly urbanized cities. August 19. 143. food and medical attendance. Assignment to non-household work. Navotas. Contract of domestic service. Quezon. Pasig. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging.00) a month for househelpers in Manila. The original contract of domestic service shall not last for more than two (2) years but it may be renewed for such periods as may be agreed upon by the parties. Provided. That those househelpers who are receiving at least One thousand pesos (P1. and (3) Five hundred fifty pesos (P550. 144. (As amended by Republic Act No.000. San Juan. Malabon. and MELFA SALIDAGA Art.00) a month for those in other municipalities. Parañaque. 145. Marikina. and Caloocan cities and municipalities of Makati. No househelper shall be assigned to work in a commercial. industrial or . further. 7655. Provided.00) a month for those in other chartered cities and first-class municipalities. Las Piñas.
Art. and medical attendance. lodging. Indemnity for unjust termination of services. 146. Treatment of househelpers. free of charge. The employer shall treat the househelper in a just and humane manner. Board. suitable and sanitary living quarters as well as adequate food and medical attendance. Art. Art. Service of termination notice.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. the employer or the househelper may give notice to put an end to the relationship five (5) days before the intended termination of the service. the employer shall give him or her an opportunity for at least elementary education. he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. In no case shall physical violence be used upon the househelper. 150. The employer shall furnish the househelper. 147. Art. and MELFA SALIDAGA agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers as prescribed herein. unless there is a stipulation to the contrary. The cost of education shall be part of the househelper’s compensation. If the househelper is unjustly dismissed. If the duration of the household service is not determined either in stipulation or by the nature of the service. except for a just cause. Opportunity for education. If the househelper leaves without justifiable reason. Art. 149. . 148. neither the employer nor the househelper may terminate the contract before the expiration of the term. If the period of household service is fixed. he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days. If the househelper is under the age of eighteen (18) years.
Art. Chapter IV EMPLOYMENT OF HOMEWORKERS Art. Employment record. which the latter shall authenticate by signature or thumbmark upon request of the employer. Art. Upon the severance of the household service relation. the employer shall give the househelper a written statement of the nature and duration of the service and his or her efficiency and conduct as househelper. Regulation of industrial homeworkers. The employment of industrial homeworkers and field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries employing them. 154. The regulations or orders to be issued pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment applicable to the .CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. Employment certification. 151. and MELFA SALIDAGA Art. Regulations of Secretary of Labor. The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper. 153. 152.
or on behalf of any person residing outside the country. Art. 155.CODES AND NOTES ON LABOR STANDARDS by PORFERIO JR. and MELFA SALIDAGA industrial homeworkers or field personnel involved. sub-contractor or any other person: (1) Delivers. articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication. . the Employer of homeworkers – includes any person. or (2) Sells any goods. or through an employee. articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions. either by himself or through some other person. any goods. agent contractor. for his account or benefit. or causes to be delivered. natural or artificial who. directly or indirectly. Distribution of homework. For purposes of this Chapter.
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