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LABOR LAW 1
SUGGESTED TEXTBOOK:
CA Azucena, The Labor Code with
Comments and Cases (Latest Edition)
REFERENCES:
Samson S. Alcantara, and Samson
B. Alcantara Jr., Philiine Labor and Social
Le!islation Annotated
"#$% Philiine Constitution
The Labor Code o& the Philiines
and its 'mlementin! (ules )
(e!ulations
Pertinent 'nternational *uman (i!hts
'nstruments and 'L+ Con,entions, (ecommendations
and Labor-related laws
Assi!ned (eadin!s
I. INTRODUCTION TO LABOR LAW
A. Labor as a Concep
". .eneral Sense
Labor h/sical toil althou!h it does not necessaril/
e0clude the alication o& s1ill, thus there is s1illed
and uns1illed labor.
S1ill &amiliar 1nowled!e o& an/ art or sciencem
united with radiness and de0terit/ in e0ecution or
er&ormance or in the alication o& the art or
science to ractical uroses.
2or1 is broader than labor as wor1 co,ers all &orms
o& h/sical or mental e0ertion, or both combined, &or
the attainment o& some ob3ect other than recreation
or amusement er se.
4. Technical sense
2or1er broader than emlo/ee as wor1ers ma/
re&er to sel&-emlo/ed eole, and those wor1in! in
the ser,ice and under the control o& another,
re!ardless o& ran1, title, or nature o& wor1.
Emlo/ee salaried erson wor1in! &or another who
controls or suer,ises the means, manner or method
o& doin! the wor1.
B. Labor La!
". 5e6nition
Labor le!islaton labor standards 7 labor relations
a. consists o& statutes, re!ulations and
3urisrudence
b. !o,ernin! the relations between caital and
labor
c. b/ ro,idin! &or certain emlo/ment
standards and a le!al &ramewor1
d. &or ne!otiatin!, ad3ustin! and administerin!
those standards and other incidents o&
emlo/ment.
Labor san"ar"s8 which sets out the minimum
terms, conditions, and bene6ts o& emlo/ment that
emlo/ers must ro,ide or coml/ with and to which
emlo/ees are entitled as a matter o& le!al ri!ht.
Labor re#a$ons #a!: which de6nes the status,
ri!hts and duties and the institutional mechanisms
that !o,ern the indi,idual and collecti,e interactions
o& emlo/ers, emlo/ees or their reresentati,es.
S+C'AL LE.'SLAT'+9 :S. LAB+( LA2S
Social le!islation8 ro,ides articular 1inds o&
rotection or bene6ts to societ/ or se!ments thereo&
in &urtherance o& social 3ustice.
Labor laws are necessaril/ social le!islation. But to
di;erentiate, labor laws directl/ a;ect emlo/ment
while social le!islation !o,erns e;ects o&
emlo/ment.
Labor laws are social le!islation but not all social
le!islation are labor laws.
4. Social Justice, Const., Art. '', Sec. "<= Art.
>''', Sec. "-?
Section 10. The State shall promote social justice in
all phases of national development.
Section 1. The Congress shall give highest priority to
the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce
social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing
wealth and political power for the common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
Section 2. The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative and self-
reliance.
AT!C"# $!!! % "A&'
Section 3. The State shall afford full protection to
labor, local and overseas, organi(ed and
unorgani(ed, and promote full employment and
equality of employment opportunities for all.
!t shall guarantee the rights of all wor)ers to self-
organi(ation, collective bargaining and negotiations,
and peaceful concerted activities, including the right
to stri)e in accordance with law. They shall be entitled
to security of tenure, humane conditions of wor), and
a living wage. They shall also participate in policy and
decision-ma)ing processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between wor)ers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between
wor)ers and employers, recogni(ing the right of labor
to its just share in the fruits of production and the right
of enterprises to reasonable returns to investments,
and to e*pansion and growth.
The aim and the reason and, there&ore, the
3usti6cation o& labor laws is social 3ustice.
JRMSU | College of Law
LAB+( LA2 " (E:'E2E(
Soc$a# %&s$ce: JP Laurel in Calalan! neither
communism, nor desotism, nor atomism not
anarch/ but the humanization o& laws and the
e@ualization o& social and economic &orces b/ the
State so that 3ustice in its rational and ob3ecti,el/
secular concetion ma/ at least be aro0imated.
The romotion o& the wel&are o& all the eole, the
adotion b/ the .o,ernment o& measures calculated
to insure economic stabilit/ o& all the comonent
elements o& societ/ throu!h the maintenance o&
roer economic and social e@uilibrium in the
interrelations o& the members o& the communit/,
constitutionalit/, throu!h the adotion o& measures
le!all/ 3usti6able, or e0tra-constitutionall/, throu!h
the e0ercise o& owers underl/in! the e0istence o& all
!o,ernments, on the time-honored rincile o& salus
populi est suprema lex.
Labor is the rimar/ social economic &orce, thus the
State shall rotect the ri!hts o& wor1ers and romote
their wel&are.
Cons$&$ona# R$'(s an" )an"aes
The State shall a;ord &ull rotection to labor and this
is &ound in the "#?A, "#%?, and "#$% Consti. The
State aBrms labor as a rimar/ social economic
&orce thus, it shall rotect the ri!ht o& the wor1ers
and romote their wel&are.
Basic ri!hts o& wor1ers !uaranteed b/ the consti8
". (i!ht to or!anize themsel,es
4. Conduct collecti,e bar!ainin! or
ne!otiation with mana!ement
?. En!a!e in eace&ul concerted
acti,ities, includin! to stri1e in
accordance with law
C. En3o/ securit/ o& tenure
A. 2or1 under humane conditions
D. (ecei,e a li,in! wa!e
%. Particiate in olic/ and decision-
ma1in! rocesses a;ectin! their
ri!hts and bene6ts as ma/ be
ro,ided b/ law. (Sec. ?, >''').
+ther ro,isions in the Consti8
") (i!ht to &orm unions, associations, societies
&or uroses not contrar/ to law.
4) (i!ht to sel& or!anization shall not be denied
to !o,ernment emlo/ees.
?) (e!ular &armwor1ers shall ha,e the ri!ht to
own directl/ or collecti,el/ the lands the/
till.
C) The State shall b/ law and &or common
!ood, underta1e in cooeration with the
ri,ate sector a continuin! ro!ram o&
urban land re&orm and housin!.
A) The State shall rotect wor1in! women b/
ro,idin! sa&e and health&ul wor1in!
conditions ta1in! into account their
maternal &unctions.
D) Labor is entitled to seats allotted to art/-
list reresentati,es
%) The State shall romote industrialization
and &ull emlo/ment based on sound
a!ricultural de,eloment and a!rarian
re&orm.
$) Con!ress shall create an a!enc/ to romote
the ,iabilit/ and !rowth o& cooerati,es.
#) The .o,t shall increase salar/ scales o& the
other oBcials and emlo/ees o& the
9ational .o,ernment.
"<) Career ci,il ser,ice emlo/ees shall be
entitled to aroriate searation a/ and
to retirement and other bene6ts under
e0istin! laws.
a. 5e6nitionEBalancin! o& 'nterest
Calalan! ,. 2illiams, %< Phil. %4D
("#C<)
Soc$a# %&s$ce: JP Laurel in Calalan! neither
communism, nor desotism, nor atomism not
anarch/ but the humanization o& laws and the
e@ualization o& social and economic &orces b/ the
State so that 3ustice in its rational and ob3ecti,el/
secular concetion ma/ at least be aro0imated.
Social 3ustice is the romotion o& the wel&are o& all
the eole, the adotion b/ the .o,ernment o&
measures calculated to insure economic stabilit/ o&
all the comonent elements o& societ/ throu!h the
maintenance o& roer economic and social
e@uilibrium in the interrelations o& the members o&
the communit/, constitutionalit/, throu!h the
adotion o& measures le!all/ 3usti6able, or e0tra-
constitutionall/, throu!h the e0ercise o& owers
underl/in! the e0istence o& all !o,ernments, on the
time-honored rincile o& salus populi est suprema
lex.
Fanila Electric Co. ,. Sec. o& Labor,
??% SC(A #< (4<<<)
2hen will the CBA ta1e e;ectG
H-o-------------------------------' *--------------------------
CBA e0iration D months
Secretar/ o& Labor ma/ determine the date o&
retroacti,it/ as art o& his discretionar/ owers. But
this discretionar/ ower shall onl/ be e0ercised onl/
when 3urisdiction has been ,ested.
Assailed (esolution8
Article 4D?(!) !i,es the Secretar/ 3urisdiction. CBA
ne!otiated within si0 months a&ter the e0iration o&
the e0istin! CBA retroacts to the da/ immediatel/
&ollowin! such date and i& a!reed therea&ter, the
e;ecti,it/ deends on the a!reement o& the arties.
But the law is silent as to the retroacti,it/ o& a CBA
arbitral award or that !ranted not b/ ,irtue o& the
mutual a!reement o& the arties but b/ inter,ention
o& the !o,ernment. 5esite the silence o& the law,
the Court rules herein that CBA arbitral awards
!ranted a&ter si0 months &rom the e0iration o& the
last CBA shall retroact to such time a!reed uon b/
both emlo/er and the emlo/ees or their union.
Absent such an a!reement as to retroacti,it/, the
award shall retroact to the 6rst da/ o& the si0-month
eriod &ollowin! the e0iration o& the last da/ o& the
CBA should there be one. '9 the absence o& a CBA,
the SecIs determination o& the date o& retroacti,it/ as
art o& his discretionar/ owers o,er arbitral awards
shall control.
*eld8 2here an arbitral award is !ranted be/ond si0
months a&ter the e0iration o& the e0istin! CBA, and
there is no a!reement between the arties as to the
date o& e;ecti,it/ thereo&, the arbitral award shall
retroact to the 6rst da/ a&ter the si0-month eriod
&ollowin! the e0iration o& the last da/ o& the CBA.
But instead o& 5ec ", "##A to 9o, ?< "##% (CBA had
a 4-/ear alicabilit/ eriod), the Court modi6ed it to
June ", "##D to Fa/ ?", "##$.
On soc$a# +&s$ce8 JKTLhis Court cannot i!nore the
enormous cost that etitioner will ha,e to bear as a
conse@uence o& the 6ll retroaction o& the arbitral
5uman E Labor ' E Pro&. Battad E Pa!e 4
LAB+( LA2 " (E:'E2E(
award to the date o& the e0ir/ o& the CBA and the
ine,itable e;ect that it would ha,e on the national
econom/. +n the other hand, under the olic/ o&
social 3ustice, the law bends o,er bac1ward to
accommodate the interests o& the wor1in! class on
the humane 3usti6cation that those with less ri,ile!e
in li&e should ha,e more in law. Balancin! these two
contrastin! interests, this Court turned to the
dictates o& &airness and e@uitable 3ustice and thus
arri,ed at a &ormula that would address the concerns
o& both sides. Thus, Arbitral award must retroact to
the 6rst da/ AMTE( the si0-month eriod &ollowin!
the last da/ o& the CBA.
Azucena8
The Consitution has not o,erloo1ed the ri!hts o&
caital. 't ro,ides that, Jthe State reco!nizes the
indisensable role o& the ri,ate sector, encoura!es
ri,ate enterrise, and ro,ides incenti,es to needed
in,estments (Art. '', Sec. 4<).
2hile labor is entitled to a 3ust share in the &ruits o&
roduction, the enterrise has an e@uall/ imortant
ri!ht not onl/ to reasonable returns on in,estment
but also to e0ansion and !rowth.
Shared (esonsibilit/ between wor1ers and
emlo/ers Pre&erential use o& ,oluntar/ modes o&
settlin! disutes.
a. Moundation8 Police Power and State
Protection
2hile social 3ustice is the raison dIetre o& labor laws,
their basis or &oundation is the olice ower o& the
State.
a. State le!islatures ma/ enact laws &or the
rotection o& the sa&et/ and health o&
emlo/ees.
b. (i!ht o& e,er/ erson to ursue a business,
occuation, or ro&ession is sub3ect to the
aramount ri!ht o& the !o,ernment as a
art o& its olice ower to imose such
restrictions and re!ulations as the
rotection o& the ublic ma/ re@uire.
Le!al Classi6cation8 (discussed in li!ht o& the
susension o& delo/ment o& women)
a. such classi6cation rest on substantial
distinctions
b. the/ are !ermane to the urose o& the law
c. the/ are not con6ned to e0istin! conditions
d. the/ al/ e@uall/ to all members o& the
same class
b. Moundation8 Police Power and State Protection
CFS Estate, 'nc. ,. Social Securit/
S/stem, "?4 SC(A "<$ ("#$C)
The case o& two businesses, one was in real estate
and the other was in the lo!!in! business. +ne
owner was demandin! &or a re&und &rom SSS and it
re&used to subscribe the emlo/ees o& the 4
nd
business to SSS because the business has not been
in oeration &or 4 /ears (which was the re@uirement
o& the law) /et.
The Social Securit/ Law was enacted ursuant to the
olic/ o& the !o,ernment Jto de,elo, establish
!raduall/ and er&ect a social securit/ s/stem which
shall be suitable to the needs o& the eole
throu!hout the Philiines, and shall ro,ide
rotection a!ainst the hazards o& disabilit/, sic1ness,
old a!e and death. I $s (&s c#ear (a sa$"
enac,en $,p#e,ens (e 'enera# !e#-are
,an"ae o- (e Cons$&$on an" cons$&es a
#e'$$,ae e*erc$se o- (e po#$ce po!er o- (e
Sae.
't is the intention o& the law to co,er as man/
ersons as ossible so as to romote the
constitutional ob3ecti,e o& social 3ustice.
Comulsor/ co,era!e o& the emlo/er shall ta1e
e;ect on the 6rst da/ o& his oeration, and that o&
the emlo/ee on the date o& his emlo/ment ((A
""D" as amended b/ (A 4DA$). The two /ear
rescrition o& the rior law must be considered
re,ailed o,er b/ the later law and moreo,er, the
le!islati,e intent must be !i,en e;ect.
c. Limits o& Nse
PL5T ,. 9L(C, "DC SC(A D%"
("#$$)
PL5T emlo/ee romised to &acilitate the aro,al o&
the comlainantsI alications &or telehone
installation and then recei,ed &rom them an amount
o& mone/ in consideration o& her romise.
The rule embodied in the Labor Code is that a erson
dismissed &or cause as de6ned therein is not entitled
to searation a/. The cases abo,ecited (where
di;erent cases were cited ro,in! that some
comanies still allowed searation a/ desite the
de!ree o& the !round uon which the emlo/ees
were bein! dismissed &or) constitute the e0cetion,
based uon considerations o& e@uit/. E@uit/ has been
de6ned as 3ustice outside law, bein! ethical rather
than 3ural and belon!in! to the shere o& morals than
o& law. 't is !rounded on the recets o& conscience
and not on an/ sanction o& ositi,e law. *ence, it
cannot re,ail a!ainst the e0ressed ro,ision o& the
labor laws allowin! dismissal o& emlo/ees &or cause
and without an/ ro,ision &or searation a/.
Searation a/ shall be allowed as a measure o&
social 3ustice onl/ in those instances where the
emlo/ee is calidl/ dismissed &or causes other than
serious misconduct or those reOectin! on his moral
character. 2here the reason &or the ,alid dismissal is,
&or e0amle, habitual into0ication or an o;ense
in,ol,in! moral turitude, li&e the&t or illicit se0ual
relations with a &ellow wor1er, the emlo/er ma/ not
be re@uired to !i,e the dismissed emlo/ee
searation a/ or 6nancial assistance, or whate,er
other name it is called on the !round o& social 3ustice.
The olic/ o& social 3ustice is not intended to
countenance wron!doin! siml/ because it is
committed b/ the underri,ile!ed. At best it ma/
miti!ate the enalt/ but it certainl/ will not condone
the o;ense. Comassion &or the oor is an
imerati,e o& e,er/ humane societ/ but onl/ when
the reciient is not a rascal claimin! an underser,ed
ri,ile!e. Social 3ustice cannot be ermitted to be
re&u!e o& scoundrels an/ more than can e@uit/ be an
imediment to the unishment o& the !uilt/. Those
who in,o1e social 3usti,e ma/ do so onl/ i& their
hands are clean and their moti,es blameless and not
siml/ because the/ haen to be oor.
A!abon ,. 9L(C, CC4 SC(A A%?
(4<<C)
Emlo/ees were claimin! ille!al dismissal. Emlo/er
was assertin! that there was abandonment.
5uman E Labor ' E Pro&. Battad E Pa!e ?
LAB+( LA2 " (E:'E2E(
Abandonment is the deliberate and un3usti6ed
re&usal o& an emlo/ee to resume his emlo/ment. 't
is a &orm o& ne!lect o& dut/, hence, a 3ust cause &or
termination o& emlo/ment b/ the emlo/er. Mor a
,alid 6ndin! o& abandonment8 (") &ailure to reort &or
wor1 or absence without ,alid or 3usti6able reason
(4) clear intention to ser,er emlo/er-emlo/ee
relationshi with the second as the more
determinati,e &actor which is mani&ested b/ o,ert
acts &rom which it ma/ be deduced that the
emlo/ees has no more intention to wor1.
Wenp($# or Be#ae" D&e .rocess R&#e: where the
emlo/er had a ,alid reason to dismiss an emlo/ee
but did not &ollow the due rocess re@uirement, the
dismissal ma/ be uheld but the emlo/er will be
enalized to a/ an indemnit/ to the emlo/ee.
But this was re-e0amined in Serrano case wherein
the Court re@uired that the emlo/er a/ the &ull
bac1wa!es &rom the time o& dismissal until the time
the Court 6nds the dismissal was &or a 3ust or
authorized cause. 't was because o& a si!ni6cant
number o& cases in,ol,in! dismissals without
re@uisite notices.
'n A!abon, the Court abandoned Serrano and
&ollowed 2enhil onl/ that the sanctions imosed on
the emlo/er must be sti;er than those in 2enhil.
An emlo/ee who is clearl/ !uilt/ o& conduct
,iolati,e o& Article 4$4 should not be rotected b/
the Social Justice Clause o& the Constitution. Social
3ustice, as the terms su!!ests, should be used onl/ to
correct an in3ustice.
JP Laurel, in Calalan!8 social 3ustice must be &ounded
on the reco!nition o& the necessit/ o&
interdeendence amon! di,erse units o& a societ/
and o& the rotection that should be e@uall/ and
e,enl/ e0tended to all !rous as a combined &orc e in
our social and economic li&e, consistent with the
&undamental and aramount ob3ecti,e o& the state o&
romotin! the health, com&ort and @uiet o& all
erson, and o& brin!in! about (e 'reaes 'oo" o
(e 'reaes n&,ber.
Social 3ustice is not based on ri!id &ormulas set in
stone. 't has to allow &or chan!in! times and
circumstances.
A. Le!al Basis
a. 'nternational Con,entions
'nternational School Alliance o& Educators ,.
Puisumbin!, ??? SC(A "? (4<<<)
Morei!ner teachers were !i,en more bene6ts than
the local teachers.
'nternational law, which srin!s &rom !eneral
rincile o& law, li1ewise roscribes discrimination.
.eneral rinciles o& law include rinciles o& e@uit/
i.e the !eneral rinciles o& &airness and 3ustice,
based on the test o& what is reasonable.
The &ollowin! embod/ the !eneral rincile a!ainst
discrimination, the ,er/ antithesis o& &airness and
3ustice.
Nni,ersal 5eclaration o& *uman
(i!hts
The 'nternational Co,enant on
Economic, Social, and Cultural
(i!hts
The 'nternational Con,ention on
the Elimination o& All Morms o&
(acial 5iscrimination
The Con,ention a!ainst
5iscrimination in Education
The Con,ention Concernin!
5iscrimination in (esect o&
Emlo/ment and +ccuation
Fentioned in the case8
Bar'a$n$n' Un$: is a !rou o& emlo/ees o& a !i,en
emlo/er, comrised o& all or less than all o& the
entire bod/ o& emlo/ees, consistent with e@uit/ to
the emlo/er indicate to be the best suited to ser,e
the recirocal ri!hts and duties o& the arties under
the collecti,e bar!ainin! ro,isions o& the law.
The &actors determinin! the aroriate collecti,e
bar!ainin! unit are8 (") the will o& the emlo/ees (4)
aBnit/ and unit/ o& the emlo/eesI interest, such as
substantial similarit/ o& wor1 and duties, or similarit/
o& comensation and wor1in! conditions (?) rior
collecti,e bar!ainin! histor/ (C) similarit/ o&
emlo/ment status.
b. "#$% Constitution, Art. '', Secs. A, #, "<, "?, "C, "$=
Art. >''', Secs. ", ?, "C
ART. II
Section 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion
of the general welfare are essential for the enjoyment
by all the people of the blessings of democracy.
Section 9. The State shall promote a just and
dynamic social order that will ensure the prosperity
and independence of the nation and free the people
from poverty through policies that provide adequate
social services, promote full employment, a rising
standard of living, and an improved quality of life for
all.
Section 10. The State shall promote social justice in
all phases of national development.
Section 13. The State recogni(es the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. !t shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in
public and civic affairs.
Section 14. The State recogni(es the role of women
in nation-building, and shall ensure the fundamental
equality before the law of women and men.
Section 18. The State affirms labor as a primary
social economic force. !t shall protect the rights of
wor)ers and promote their welfare.
Art. XIII
Section 1. The Congress shall give highest priority to
the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce
social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing
wealth and political power for the common good.
5uman E Labor ' E Pro&. Battad E Pa!e C
LAB+( LA2 " (E:'E2E(
Section 3. The State shall afford full protection to
labor, local and overseas, organi(ed and
unorgani(ed, and promote full employment and
equality of employment opportunities for all.
!t shall guarantee the rights of all wor)ers to self-
organi(ation, collective bargaining and negotiations,
and peaceful concerted activities, including the right
to stri)e in accordance with law. They shall be entitled
to security of tenure, humane conditions of wor), and
a living wage. They shall also participate in policy and
decision-ma)ing processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared
responsibility between wor)ers and employers and
the preferential use of voluntary modes in settling
disputes, including conciliation, and shall enforce their
mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between
wor)ers and employers, recogni(ing the right of labor
to its just share in the fruits of production and the right
of enterprises to reasonable returns to investments,
and to e*pansion and growth.
Section 14. The State shall protect wor)ing women
by providing safe and healthful wor)ing conditions,
ta)ing into account their maternal functions, and such
facilities and opportunities that will enhance their
welfare and enable them to reali(e their full potential
in the service of the nation.
See also8 "#?A Const., Art. >':, Sec., D= "#%?
Const., Art. '', Sec. #
1/01 Cons$&$on2 Ar. XI32 Sec. 4
Section 6. The State shall afford protection to labor,
especially to wor)ing women, and minors, and shall
regulate the relations between the landowner and
tenant, and between labor and capital in industry and
in agriculture. The State may provide for compulsory
arbitration.
"#%? Const. Art. '', Sec. #
Section 9. The State shall afford protection to labor,
promote full employment and equality in employment,
ensure equal wor) opportunities regardless of se*,
race, or creed, and regulate the relation between
wor)ers and employers. The State shall assure the
rights of wor)ers to self-organi(ation, collective
bargaining, security of tenure, and just and humane
conditions of wor). The State may provide for
compulsory arbitration.
c. Labor Code (LC) and +mnibus (ules 'mlementin!
the Labor Code
d. 9ew Ci,il Code o& the Philiines (9CC), Arts. "#, 4",
"%<<-"%<"
Art. 19. #very person must, in the e*ercise of his
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.
Art. 21. Any person who wilfully causes loss or injury
to another in a manner that is contrary to morals,
good customs or public policy shall compensate the
latter for the damage.
Art. 1700. The relations between capital and labor are
not merely contractual. They are so impressed with
public interest that labor contracts must yield to the
common good. Therefore, such contracts are subject
to the special laws on labor unions, collective
bargaining, stri)es and loc)outs, closed shop, wages,
wor)ing conditions, hours of labor and similar
subjects.
Art. 1701. +either capital nor labor shall act
oppressively against the other, or impair the interest
or convenience of the public.
D. Sources o& Law
a. Labor Code and (elated Secial Le!islation
('mlementin! (ules)
b. Contract Q Art. "?<A-"?<D, 9ew Ci,il Code
Art. 1305. A contract is a meeting of minds between
two persons whereby one binds himself, with respect
to the other, to give something or to render some
service. ,-./0a1
Art. 1306. The contracting parties may establish such
stipulations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary
to law, morals, good customs, public order, or public
policy. ,-.//a1
c. Collecti,e Bar!ainin! A!reement
5+LE Phils. ,. Pawis n! Fa1aba/an! +brero, ?#A
SC(A ""4 (4<<?)
'nterretation o& the &ree meals ro,ision in the CBA.
's it a&ter the emlo/ee has wor1ed onl/ a&ter more
than three hours o& wor1 or those who ha,e rendered
e0actl/ three hours o& o,ertime wor1G
The disuted ro,ision o& the CBA is clear and
unambi!uous. The terms o& the CBA is not
suscetible to an/ other interretation. *ence the
literal meanin! o& J&ree meals a&ter three (?) hours o&
o,ertime wor1R shall re,ail, which is siml/ that an
emlo/ee shall be entitled to a &ree meal i& he has
rendered e0actl/, or no less than, three hours o&
o,ertime wor1, not Ja&ter more thanR or Jin e0cess
o&R three hours o,ertime wor1.
Mound in the case8 Fana!ement rero!ati,e8 The
e0ercise o& mana!ement rero!ati,e is not unlimited.
't is sub3ect to the limitations &ound in law, a
collecti,e bar!ainin! a!reement or the !eneral
rinciles o& &air la/ and 3ustice. This situation
constitutes one o& the limitations. The CBA is the
norm o& conduct between the etitioner and ri,ate
resondent and comliance therewith is mandated
b/ the e0ress olic/ o& the law.
d. Past Practices
5a,ao Mruits Cororation ,.
Associated labor Nnion, 44A SC(A AD4 ("##?)
'ssue8 2+9 in the comutation o& the "?
th
month a/
!i,en b/ emlo/ers to their emlo/ees under P5
$A", a/ments &or sic1, ,acation and maternit/
lea,es, remiums &or wor1 done rest da/s and
5uman E Labor ' E Pro&. Battad E Pa!e A
LAB+( LA2 " (E:'E2E(
secial holida/s and a/ &or re!ular holida/s ma/ be
e0cluded in the comutation and a/ment thereo&,
re!ardless o& lon!-standin! coman/ ractice.
A co,pan5 prac$ce -a6orab#e o (e e,p#o5ees
(a" $n"ee" been esab#$s(e" an" (e pa5,ens
,a"e p&rs&an (ereo2 r$pene" $no bene7s
en+o5e" b5 (e,. An" an5 bene7 an"
s&pp#e,en be$n' en+o5e" b5 (e e,p#o5ees
canno be re"&ce"2 "$,$n$s(e"2 "$scon$n&e"
or e#$,$nae" b5 (e e,p#o5er2 b5 6$r&e o- Sec
18 o- (e R&#es an" Re'&#a$ons I,p#e,en$n'
.D 911 an" Ar 188 o- (e Labor Co"e !($c(
pro($b$ (e "$,$n&$on or e#$,$na$on b (e
e,p#o5er o- (e e,p#o5ees: e*$s$n' bene7s.
The considerable len!th o& time the @uestioned items
had been included b/ etitioner indicates a unilateral
and ,oluntar/ act on its art, suBcient in itsel& to
ne!ate an/ claim o& mista1e.
Samahan! Fan!!a!awa sa To Morm Fanu&acturin!-
Nnited 2or1ers o& the Phil. (SFTMF-N2P ,. 9L(C, 4#A
SC(A "%"
("##$)
The case wherein the emlo/er was char!ed as
ha,in! committed an un&air labor ractice b/
bar!ainin! in bad &aith and discriminatin! a!ainst in
emlo/ees b/ romisin! at a collecti,e bar!ainin!
con&erence to imlement an/ !o,ernment-mandated
wa!e increases on an across-the-board basis.
Past romises which were written in the minutes o&
the meetin!. The roosal was ne,er embodied in
the CBA, thus, the romise remained 3ust that, a
romise, the imlementation which cannot be ,alidl/
demanded under the law.
The law ro,ides remedies to the etitioner union to
comel ri, res to incororate this seci6c
economic roosal in the CBA, which the/ did not do.
The CBA is the law between the contractin! artiesS
the collecti,e bar!ainin! reresentati,e and the
emlo/er-coman/. Comliance with a CBA is
mandated b/ the e0ressed olic/ to !i,e rotection
to labor. 'n the same ,ein, CBA ro,ision should be
Jconstrued liberall/ rather than narrowl/ and
technicall/, and the courts must lace a ractical and
realistic construction uon it, !i,in! due
consideration to the conte0t in which it is ne!otiated
and urose which it is intended to ser,e. This is
&ounded on the dictum that a CBA is not an ordinar/
contract but one imressed with ublic interest. 't
!oes without sa/in!, howe,er, that onl/ ro,isions
embodied in the CBA should be so interreted and
comlied with.
9o bene6ts or ri,ile!es re,iousl/ en3o/ed b/
etitioner union and the other emlo/ees were
withdrawn as a result o& the manner b/ which ri,ate
res imlemented the wa!e orders.
American 2ire and Cable 5ail/
rated Emlo/ees Nnion American 2ire and Cable co.,
'nc., CA% SC(A D$C (4<<A)
The coman/ suddenl/ withdrew and denied certain
bene6ts and entitlements which the emlo/ees ha,e
lon! en3o/ed li1e ser,ice awards, ?AT remium a/
o& an emlo/eeIs basic a/ &or wor1 rendered durin!
*ol/ Fonda/, Tuesda/, 2ednesda/, 5ecember 4?,
4D, 4%, 4$, and 4#, Christmas Part/ and Promotional
'ncreases.
't is critical that a determination must be 6rst made
whether the bene6tsEentitlements are in the nature
o& a bonus or not, and assumin! the/ are so, whether
the/ are demandable and en&orceable obli!ations.
Bon&s: is an amount !ranted and aid to an
emlo/ee &or his industr/ and lo/alt/ which
contributed to the success o& the emlo/erIs
business and made ossible the realization o& ro6ts.
't is an act o& !enerosit/ !ranted b/ an enli!htened
emlo/er to sur the emlo/ee to !reater e;orts &or
the success o& the business and realization o& bi!!er
ro6ts. The !rantin! o& a bonus is a mana!ement
rero!ati,e, somethin! !i,en in addition to what is
ordinaril/ recei,ed b/ or strictl/ due the reciient.
Thus, a bonus is not a demandable and en&orceable
obli!ation, e0cet when it is made art o& the wa!e,
salar/ or comensation o& the emlo/ee.
'ssue8 2+9 these bonuses can be considered art o&
the wa!e or salar/ or comensation ma1in! them
en&orceable obli!ations.
*eld8 9o. Mor a bonus to be en&orceable, it must ha,e
been romised b/ the emlo/er and e0ressl/
a!reed uon b/ the arties or it must ha,e had a
60ed amount and had been a lon! and re!ular
ractice on the art o& the emlo/er.
The bene6tsEentitlements in @uestion were ne,er
sub3ects o& an/ e0ress a!reement between the
arties. The/ were ne,er incororated in the CBA. As
obser,ed b/ the :A, the records re,eal that these
bene6tsEentitlements ha,e not been sub3ects o& an/
e0ress a!reement between the union and the
coman/, and ha,e not /et been incororated in the
CBA.
5owntrend was clear in the ser,ice award amount
and the artiesI ,enue were chan!ed &rom aid
,enues to one which was &ree o& char!e.
To be cons$"ere" a ;re'&#ar prac$ce<2 (e
'$6$n' o- (e bon&s s(o&#" (a6e been "one
o6er a #on' per$o" o- $,e2 an" ,&s be s(o!n
o (a6e been cons$sen an" "e#$berae.
e. Coman/ Policies
China Ban1in! Cororation ,.
Borromeo, CC< SC(A D4" (4<<C)
The case o& a mana!er who was consistentl/
romoted because o& a hi!hl/ satis&actor/
er&ormance which landed him at the A:P sot onl/
to 6nd out that he has done irre!ularities in
aro,in! se,eral 5AN5EBP in &a,or o& one Faniwan.
The Ban1Is S+P ro,ides a restitutionE&or&eiture o&
bene6ts ro,ision.
't is well reco!nized that coman/ olicies and
re!ulations are, unless shown to be !rossl/
oressi,e or contrar/ to law, !enerall/ bindin!, and
,alid on the arties and must be comlied with until
6nall/ re,ised or amended unilaterall/ or re&erabl/
throu!h ne!otiation or b/ cometent authorit/.
Foreo,er, mana!ement has the rero!ati,e to
disciline its emlo/ees and to imose aroriate
enalties on errin! wor1ers ursuant to coman/
rules and re!ulations. 2ith more reason should these
truisms al/ to the resondent, who, b/ reason o&
his osition, was re@uired to act 3udiciousl/ and to
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e0ercise his authorit/ in harmon/ with coman/
olicies.
Business enterrises ha,e a rero!ati,e to disciline
its emlo/ees and to imose aroriate enalties
on errin! wor1ers ursuant to coman/ rules and
re!ulations which must be resected. The law, in
rotectin! the ri!hts o& labor, authorized neither
oression nor sel&-destruction o& an emlo/er
coman/ which itsel& is ossessed o& ri!hts that must
be entitled to reco!nition and resect.
%. Classi6cation
a. Labor Standards
b. Labor (elations
c. 2el&are Le!islation
II. LABOR CODE OF T=E .=ILI..INES
A. Br$e- =$sor5
B. Genera# .ro6$s$ons
". ". 5ecree Title, Art. "
AT!C"# -. Name of Decree. - This 2ecree shall
be )nown as the "Labor Code of the Philippines".
4. E;ecti,it/, Art. 4
AT. .. Date of effectivity. - This Code shall ta)e
effect si* ,31 months after its promulgation.
?. Polic/ 5eclaration, Art. ?
AT. 4. Declaration of basic policy. - The State
shall afford protection to labor, promote full
employment, ensure equal wor) opportunities
regardless of se*, race or creed and regulate the
relations between wor)ers and employers. The
State shall assure the rights of wor)ers to self-
organi(ation, collective bargaining, security of
tenure, and just and humane conditions of wor).
C. Construction in Ma,or o& Labor, Art. C
AT. 0. Construction in favor of labor. - All doubts
in the implementation and interpretation of the
provisions of this Code, including its
implementing rules and regulations, shall be
resolved in favor of labor.
Salinas Jr. ,. 9L(C, ?"# SC(A
AC ("###)
(e/es ,. Court o& Aeals, C<#
SC(A 4D% (4<<?)
.)F Philiines, 'nc. ,. (omil
Cuambot, .( 9o. "D4?<$, 9o,. 44, 4<<D
4. (ule Fa1in! Power, Art. A
AT. /. Rules and regulations. - The 2epartment
of "abor and other government agencies charged
with the administration and enforcement of this
Code or any of its parts shall promulgate the
necessary implementing rules and regulations.
Such rules and regulations shall become
effective fifteen ,-/1 days after announcement of
their adoption in newspapers of general
circulation.
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Uaisanan n! m!a Fan!!a!awan!
Pina!/a1a ,. 9L(C, "A4 SC(A D ("#$%)
?. Technical (ules 9ot Bindin!, Art. 44"
AT. ..-. Technical rules not binding and prior resort
to amicable settlement. - !n any proceeding before the
Commission or any of the "abor Arbiters, the rules of
evidence prevailing in courts of law or equity shall not
be controlling and it is the spirit and intention of this
Code that the Commission and its members and the
"abor Arbiters shall use every and all reasonable
means to ascertain the facts in each case speedily
and objectively and without regard to technicalities of
law or procedure, all in the interest of due process. !n
any proceeding before the Commission or any "abor
Arbiter, the parties may be represented by legal
counsel but it shall be the duty of the Chairman, any
5residing Commissioner or Commissioner or any
"abor Arbiter to e*ercise complete control of the
proceedings at all stages.
*untin!ton Steel Products, 'nc. ,. 9L(C, CC4 SC(A
AA" (4<<C)
C. Alicabilit/, Art. D, 4%D= Constitution,
Art. '>-B, Sec. 4(")
AT. 3. Applicability. - All rights and benefits granted
to wor)ers under this Code shall, e*cept as may
otherwise be provided herein, apply ali)e to all
wor)ers, whether agricultural or non-agricultural. ,As
amended by 5residential 2ecree +o. /67-A,
+ovember -, -8601.
AT. .63. overnment employees. - The terms and
conditions of employment of all government
employees, including employees of government-
owned and controlled corporations, shall be governed
by the Civil Service "aw, rules and regulations. Their
salaries shall be standardi(ed by the +ational
Assembly as provided for in the +ew Constitution.
9owever, there shall be no reduction of e*isting
wages, benefits and other terms and conditions of
employment being enjoyed by them at the time of the
adoption of this Code.
Cons$&$on2 Ar. IX>B2 Sec. ?@1A
Section 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the :overnment, including government-
owned or controlled corporations with original
charters.
A. En&orcement and Sanctions Q Arts. 4"%
(a) (4), (?), (C), (D)= "4$-"4#= 4$$-4#4= Consti., Art ''',
Secs. "" and "D
AT. .-6. !urisdiction of the Labor Arbiters and the
Commission. - ,a1 #*cept as otherwise provided
under this Code, the "abor Arbiters shall have original
and e*clusive jurisdiction to hear and decide, within
thirty ,471 calendar days after the submission of the
case by the parties for decision without e*tension,
even in the absence of stenographic notes, the
following cases involving all wor)ers, whether
agricultural or non-agricultural;
.. Termination disputes<
4. !f accompanied with a claim for
reinstatement, those cases that wor)ers may
file involving wages, rates of pay, hours of
wor) and other terms and conditions of
employment<
0. Claims for actual, moral, e*emplary and
other forms of damages arising from the
employer-employee relations<
3. #*cept claims for #mployees Compensation, Social
Security, =edicare and maternity benefits, all other
claims arising from employer-employee relations,
including those of persons in domestic or household
service, involving an amount e*ceeding five thousand
pesos ,5/,777.771 regardless of whether
accompanied with a claim for reinstatement.
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AT. -.>. "isitorial and enforcement po#er. - ,a1 The
Secretary of "abor and #mployment or his duly
authori(ed representatives, including labor regulation
officers, shall have access to employer?s records and
premises at any time of the day or night whenever
wor) is being underta)en therein, and the right to
copy therefrom, to question any employee and
investigate any fact, condition or matter which may be
necessary to determine violations or which may aid in
the enforcement of this Code and of any labor law,
wage order or rules and regulations issued pursuant
thereto.
,b1 +otwithstanding the provisions of Articles -.8 and
.-6 of this Code to the contrary, and in cases where
the relationship of employer-employee still e*ists, the
Secretary of "abor and #mployment or his duly
authori(ed representatives shall have the power to
issue compliance orders to give effect to the labor
standards provisions of this Code and other labor
legislation based on the findings of labor employment
and enforcement officers or industrial safety
engineers made in the course of inspection. The
Secretary or his duly authori(ed representatives shall
issue writs of e*ecution to the appropriate authority
for the enforcement of their orders, e*cept in cases
where the employer contests the findings of the labor
employment and enforcement officer and raises
issues supported by documentary proofs which were
not considered in the course of inspection. ,As
amended by epublic Act +o. 6647, @une ., -8801.
An order issued by the duly authori(ed representative
of the Secretary of "abor and #mployment under this
Article may be appealed to the latter. !n case said
order involves a monetary award, an appeal by the
employer may be perfected only upon the posting of a
cash or surety bond issued by a reputable bonding
company duly accredited by the Secretary of "abor
and #mployment in the amount equivalent to the
monetary award in the order appealed from. ,As
amended by epublic Act +o. 6647, @une ., -8801.
,c1 The Secretary of "abor and #mployment may
li)ewise order stoppage of wor) or suspension of
operations of any unit or department of an
establishment when non-compliance with the law or
implementing rules and regulations poses grave and
imminent danger to the health and safety of wor)ers
in the wor)place. Aithin twenty-four hours, a hearing
shall be conducted to determine whether an order for
the stoppage of wor) or suspension of operations
shall be lifted or not. !n case the violation is
attributable to the fault of the employer, he shall pay
the employees concerned their salaries or wages
during the period of such stoppage of wor) or
suspension of operation.
,d1 !t shall be unlawful for any person or entity to
obstruct, impede, delay or otherwise render
ineffective the orders of the Secretary of "abor and
#mployment or his duly authori(ed representatives
issued pursuant to the authority granted under this
Article, and no inferior court or entity shall issue
temporary or permanent injunction or restraining order
or otherwise assume jurisdiction over any case
involving the enforcement orders issued in
accordance with this Article.
,e1 Any government employee found guilty of violation
of, or abuse of authority, under this Article shall, after
appropriate administrative investigation, be subject to
summary dismissal from the service.
,f1 The Secretary of "abor and #mployment may, by
appropriate regulations, require employers to )eep
and maintain such employment records as may be
necessary in aid of his visitorial and enforcement
powers under this Code.
AT. -.8. Recovery of #ages$ simple money claims
and other benefits. - Bpon complaint of any interested
party, the egional 2irector of the 2epartment of
"abor and #mployment or any of the duly authori(ed
hearing officers of the 2epartment is empowered,
through summary proceeding and after due notice, to
hear and decide any matter involving the recovery of
wages and other monetary claims and benefits,
including legal interest, owing to an employee or
person employed in domestic or household service or
househelper under this Code, arising from employer-
employee relations; 5rovided, That such complaint
does not include a claim for reinstatement; 5rovided
further, That the aggregate money claims of each
employee or househelper does not e*ceed Cive
thousand pesos ,5/,777.771. The egional 2irector
or hearing officer shall decide or resolve the complaint
within thirty ,471 calendar days from the date of the
filing of the same. Any sum thus recovered on behalf
of any employee or househelper pursuant to this
Article shall be held in a special deposit account by,
and shall be paid on order of, the Secretary of "abor
and #mployment or the egional 2irector directly to
the employee or househelper concerned. Any such
sum not paid to the employee or househelper
because he cannot be located after diligent and
reasonable effort to locate him within a period of three
,41 years, shall be held as a special fund of the
2epartment of "abor and #mployment to be used
e*clusively for the amelioration and benefit of
wor)ers.
Any decision or resolution of the egional 2irector or
hearing officer pursuant to this provision may be
appealed on the same grounds provided in Article ..4
of this Code, within five ,/1 calendar days from receipt
of a copy of said decision or resolution, to the
+ational "abor elations Commission which shall
resolve the appeal within ten ,-71 calendar days from
the submission of the last pleading required or
allowed under its rules.
The Secretary of "abor and #mployment or his duly
authori(ed representative may supervise the payment
of unpaid wages and other monetary claims and
benefits, including legal interest, found owing to any
employee or househelper under this Code. ,As
amended by Section ., epublic Act +o. 36-/, =arch
.-, -8>81.
AT. .>>. Penalties. - #*cept as otherwise provided
in this Code, or unless the acts complained of hinge
on a question of interpretation or implementation of
ambiguous provisions of an e*isting collective
bargaining agreement, any violation of the provisions
of this Code declared to be unlawful or penal in nature
shall be punished with a fine of not less than 'ne
5uman E Labor ' E Pro&. Battad E Pa!e #
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Thousand 5esos ,5-,777.771 nor more than Ten
Thousand 5esos ,5-7,777.771 or imprisonment of not
less than three months nor more than three years, or
both such fine and imprisonment at the discretion of
the court.
!n addition to such penalty, any alien found guilty shall
be summarily deported upon completion of service of
sentence.
Any provision of law to the contrary notwithstanding,
any criminal offense punished in this Code, shall be
under the concurrent jurisdiction of the =unicipal or
City Courts and the Courts of Cirst !nstance. ,As
amended by Section 4, &atas 5ambansa &ilang 671.
AT. .>8. %ho are liable #hen committed by other
than natural person. - !f the offense is committed by a
corporation, trust, firm, partnership, association or any
other entity, the penalty shall be imposed upon the
guilty officer or officers of such corporation, trust, firm,
partnership, association or entity.
Title !!
5#SC!5T!'+ 'C 'CC#+S#S A+2 C"A!=S
AT. .87. &ffenses. - 'ffenses penali(ed under this
Code and the rules and regulations issued pursuant
thereto shall prescribe in three ,41 years.
All unfair labor practice arising from &oo) D shall be
filed with the appropriate agency within one ,-1 year
from accrual of such unfair labor practice< otherwise,
they shall be forever barred.
AT. .8-. 'oney claims. - All money claims arising
from employer-employee relations accruing during the
effectivity of this Code shall be filed within three ,41
years from the time the cause of action accrued<
otherwise they shall be forever barred.
All money claims accruing prior to the effectivity of
this Code shall be filed with the appropriate entities
established under this Code within one ,-1 year from
the date of effectivity, and shall be processed or
determined in accordance with the implementing rules
and regulations of the Code< otherwise, they shall be
forever barred.
Aor)men?s compensation claims accruing prior to the
effectivity of this Code and during the period from
+ovember -, -860 up to 2ecember 4-, -860, shall be
filed with the appropriate regional offices of the
2epartment of "abor not later than =arch 4-, -86/<
otherwise, they shall forever be barred. The claims
shall be processed and adjudicated in accordance
with the law and rules at the time their causes of
action accrued.
AT. .8.. (nstitution of money claims. - =oney claims
specified in the immediately preceding Article shall be
filed before the appropriate entity independently of the
criminal action that may be instituted in the proper
courts.
5ending the final determination of the merits of money
claims filed with the appropriate entity, no civil action
arising from the same cause of action shall be filed
with any court. This provision shall not apply to
employees compensation case which shall be
processed and determined strictly in accordance with
the pertinent provisions of this Code.
ART. III, SEC. 11 AN 16, C!NSTIT"TI!N
Section 11. Cree access to the courts and quasi-
judicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.

C. WorB Re#a$ons($p
". Emlo/er and Emlo/ee (elationshi
a. 5e6nition o& Emlo/er and Emlo/ee, Arts. #% (a) (b)
(c), "D% (&)
(!) (h), 4"4 (e) (&)
AT. 86. Definitions. - As used in this Title;
,a1 "Person" means an individual, partnership,
association, corporation, business trust, legal
representatives, or any organi(ed group of
persons.
,b1 ")mployer" includes any person acting
directly or indirectly in the interest of an
employer in relation to an employee and shall
include the government and all its branches,
subdivisions and instrumentalities, all
government-owned or controlled corporations
and institutions, as well as non-profit private
institutions, or organi(ations.
,c1 ")mployee" includes any individual
employed by an employer.
Art. -36. 2efinition of Terms.EAs used in this Title,
unless the conte*t indicates otherwise;
,f1 F#mployerG means any person, natural or juridical,
employing the services of the employee.
,g1 F#mployeeG means any person compulsorily
covered by the :S!S under Commonwealth Act
+umbered 'ne hundred eighty-si*, as amended,
including the members of the Armed Corces of the
5hilippines, and any person employed as casual,
emergency, temporary, substitute or contractual, or
any person compulsorily covered by the SSS under
epublic Act +umbered #leven hundred si*ty-one, as
amended.
,h1 F5ersonG means any individual, partnership, firm,
association, trust, corporation or legal representative
thereof.
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Art. .-..
,e1 ")mployer" includes any person acting in the
interest of an employer, directly or indirectly. The term
shall not include any labor organi(ation or any of its
officers or agents e*cept when acting as employer.
,f1 ")mployee" includes any person in the employ of
an employer. The term shall not be limited to the
employees of a particular employer, unless the Code
so e*plicitly states. !t shall include any individual
whose wor) has ceased as a result of or in
connection with any current labor dispute or because
of any unfair labor practice if he has not obtained any
other substantially equivalent and regular
employment.
b. MactorsETests
(u!a ,. 9L(C, "$" SC(A C?% ("##<)
Peretual *el Credit ,. Maburada et al.,
?DD SC(A D#? (4<<")
:icente S/ ,. Court o& Aeals, ?#$
SC(A ?<" (4<<?)
Cha,ez ,. 9L(C, CC$ SC(A C%$ (4<<A)
5uman E Labor ' E Pro&. Battad E Pa!e ""
LAB+( LA2 " (E:'E2E(
An!elina Mrancisco ,. 9L(C, et al., .(
9o. "%<<$%, Au!. ?", 4<<D
c. Piercin! the Cororate :eil
Pamlona Plantatin Co., 'nc. ,.
Tin!hil, CA< SC(A C4" (4<<A)
4. 'ndeendent Contractor and Labor-onl/ Contractor,
Art. "<D-"<%, "<#= 5+ 9o. "$-<4, S 4<<4
AT. -73. Contractor or subcontractor. - Ahenever an
employer enters into a contract with another person
for the performance of the former?s wor), the
employees of the contractor and of the latter?s
subcontractor, if any, shall be paid in accordance with
the provisions of this Code.
!n the event that the contractor or subcontractor fails
to pay the wages of his employees in accordance with
this Code, the employer shall be jointly and severally
liable with his contractor or subcontractor to such
employees to the e*tent of the wor) performed under
the contract, in the same manner and e*tent that he is
liable to employees directly employed by him.
The Secretary of "abor and #mployment may, by
appropriate regulations, restrict or prohibit the
contracting-out of labor to protect the rights of wor)ers
established under this Code. !n so prohibiting or
restricting, he may ma)e appropriate distinctions
between labor-only contracting and job contracting as
well as differentiations within these types of
contracting and determine who among the parties
involved shall be considered the employer for
purposes of this Code, to prevent any violation or
circumvention of any provision of this Code.
There is "labor*only" contracting where the person
supplying wor)ers to an employer does not have
substantial capital or investment in the form of tools,
equipment, machineries, wor) premises, among
others, and the wor)ers recruited and placed by such
person are performing activities which are directly
related to the principal business of such employer. !n
such cases, the person or intermediary shall be
considered merely as an agent of the employer who
shall be responsible to the wor)ers in the same
manner and e*tent as if the latter were directly
employed by him.
AT. -76. (ndirect employer. - The provisions of the
immediately preceding article shall li)ewise apply to
any person, partnership, association or corporation
which, not being an employer, contracts with an
independent contractor for the performance of any
wor), tas), job or project.
E#ART$ENT !RER N!. 18 % 02
(Serie& o' 2002)
.
.
R"(ES I$#(E$ENTIN) ARTIC(ES 106 T! 109
!* T+E (A,!R C!E, AS A$ENE
5uman E Labor ' E Pro&. Battad E Pa!e "4
LAB+( LA2 " (E:'E2E(
.
.
,- .irt/e o' t0e 1o2er .e&te3 in t0e Secret4r- o'
(45or 4n3 E617o-6ent /n3er Artic7e& 5 (R/7e%
648in9) 4n3 106 (Contr4ctor or S/5contr4ctor) o'
t0e (45or Co3e o' t0e #0i7i11ine&, 4& 46en3e3,
t0e 'o77o2in9 re9/74tion& 9o.ernin9 contr4ctin9
4n3 &/5contr4ctin9 4rr4n9e6ent& 4re 0ere5-
i&&/e3:
Section 1. Guiding principles. % Contr4ctin9 4n3
&/5contr4ctin9 4rr4n9e6ent& 4re e;1re&&7-
477o2e3 5- 742 4n3 4re &/5<ect to re9/74tion 'or
t0e 1ro6otion o' e617o-6ent 4n3 t0e o5&er.4nce
o' t0e ri90t& o' 2or8er& to </&t 4n3 0/64ne
con3ition& o' 2or8, &ec/rit- o' ten/re, &e7'%
or94ni=4tion, 4n3 co77ecti.e 54r94inin9. (45or%
on7- contr4ctin9 4& 3e'ine3 0erein &0477 5e
1ro0i5ite3.
Section 2 . Coverage. % T0e&e R/7e& &0477 4117- to
477 14rtie& o' contr4ctin9 4n3 &/5contr4ctin9
4rr4n9e6ent& 20ere e617o-er%e617o-ee
re74tion&0i1 e;i&t&. #74ce6ent 4cti.itie& t0ro/90
1ri.4te recr/it6ent 4n3 174ce6ent 49encie& 4&
9o.erne3 5- Artic7e& 25 to 39 o' t0e (45or Co3e
4re not co.ere3 5- t0e&e R/7e&.
Section 3. Trilateral Relationship in Contracting
Arrangements. - In 7e9iti64te contr4ctin9, t0ere
e;i&t& 4 tri74ter47 re74tion&0i1 /n3er 20ic0 t0ere i&
4 contr4ct 'or 4 &1eci'ic <o5, 2or8 or &er.ice
5et2een t0e 1rinci147 4n3 t0e contr4ctor or
&/5contr4ctor, 4n3 4 contr4ct o' e617o-6ent
5et2een t0e contr4ctor or &/5contr4ctor 4n3 it&
2or8er&. +ence, t0ere 4re t0ree 14rtie& in.o7.e3 in
t0e&e 4rr4n9e6ent&, t0e 1rinci147 20ic0 3eci3e&
to '4r6 o/t 4 <o5 or &er.ice to 4 contr4ctor or
&/5contr4ctor, t0e contr4ctor or &/5contr4ctor
20ic0 04& t0e c414cit- to in3e1en3ent7-
/n3ert48e t0e 1er'or64nce o' t0e <o5, 2or8 or
&er.ice, 4n3 t0e contr4ct/47 2or8er& en949e3 5-
t0e contr4ctor or &/5contr4ctor to 4cco617i&0 t0e
<o5 2or8 or &er.ice.
Section 4. Definition of Basic Terms. % T0e
'o77o2in9 ter6& 4& /&e3 in t0e&e R/7e&, &0477
6e4n:
(4) "Contracting" or "subcontracting" re'er& to 4n
4rr4n9e6ent 20ere5- 4 1rinci147 49ree& to 1/t
o/t or '4r6 o/t 2it0 4 contr4ctor or &/5contr4ctor
t0e 1er'or64nce or co617etion o' 4 &1eci'ic <o5,
2or8 or &er.ice 2it0in 4 3e'inite or 1re3eter6ine3
1erio3, re94r37e&& o' 20et0er &/c0 <o5, 2or8 or
&er.ice i& to 5e 1er'or6e3 or co617ete3 2it0in or
o/t&i3e t0e 1re6i&e& o' t0e 1rinci147.
(5) "Contractor or subcontractor" re'er& to 4n-
1er&on or entit- en949e3 in 4 7e9iti64te
contr4ctin9 or &/5contr4ctin9 4rr4n9e6ent.
(c) "Contractual employee" inc7/3e& one
e617o-e3 5- 4 contr4ctor or &/5contr4ctor to
1er'or6 or co617ete 4 <o5, 2or8 or &er.ice
1/r&/4nt to 4n 4rr4n9e6ent 5et2een t0e 74tter
4n3 4 1rinci147.
(3) "rincipal" re'er& to 4n- e617o-er 20o 1/t&
o/t or '4r6& o/t 4 <o5, &er.ice or 2or8 to 4
contr4ctor or &/5contr4ctor.
Section 5. rohibition against labor-only
contracting. - (45or%on7- contr4ctin9 i& 0ere5-
3ec74re3 1ro0i5ite3. *or t0i& 1/r1o&e, 745or%on7-
contr4ctin9 &0477 re'er to 4n 4rr4n9e6ent 20ere
t0e contr4ctor or &/5contr4ctor 6ere7- recr/it&,
&/117ie& or 174ce& 2or8er& to 1er'or6 4 <o5, 2or8
or &er.ice 'or 4 1rinci147, 4n3 4n- o' t0e 'o77o2in9
e7e6ent& 4re 1re&ent:
(i) T0e contr4ctor or &/5contr4ctor 3oe& not 04.e
&/5&t4nti47 c41it47 or in.e&t6ent 20ic0 re74te& to
t0e <o5, 2or8 or &er.ice to 5e 1er'or6e3 4n3 t0e
e617o-ee& recr/ite3, &/117ie3 or 174ce3 5- &/c0
contr4ctor or &/5contr4ctor 4re 1er'or6in9
4cti.itie& 20ic0 4re 3irect7- re74te3 to t0e 64in
5/&ine&& o' t0e 1rinci147> or
(ii) t0e contr4ctor 3oe& not e;erci&e t0e ri90t to
contro7 o.er t0e 1er'or64nce o' t0e 2or8 o' t0e
contr4ct/47 e617o-ee.
T0e 'ore9oin9 1ro.i&ion& &0477 5e 2it0o/t
1re</3ice to t0e 4117ic4tion o' Artic7e 248 (C ) o'
t0e (45or Co3e, 4& 46en3e3.
"!ubstantial capital or investment" re'er& to
c41it47 &toc8& 4n3 &/5&cri5e3 c41it47i=4tion in t0e
c4&e o' cor1or4tion&, too7&, e?/i16ent,
i617e6ent&, 64c0inerie& 4n3 2or8 1re6i&e&,
4ct/477- 4n3 3irect7- /&e3 5- t0e contr4ctor or
&/5contr4ctor in t0e 1er'or64nce or co617etion
o' t0e <o5, 2or8 or &er.ice contr4cte3 o/t.
T0e "right to control" &0477 re'er to t0e ri90t
re&er.e3 to t0e 1er&on 'or 20o6 t0e &er.ice& o'
t0e contr4ct/47 2or8er& 4re 1er'or6e3, to
3eter6ine not on7- t0e en3 to 5e 4c0ie.e3, 5/t
47&o t0e 64nner 4n3 6e4n& to 5e /&e3 in
re4c0in9 t04t en3.
Section 6. rohibitions. % Not2it0&t4n3in9 Section
5 o' t0e&e R/7e&, t0e 'o77o2in9 4re 0ere5-
3ec74re3 1ro0i5ite3 'or 5ein9 contr4r- to 742 or
1/57ic 1o7ic-:
(4) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 20en
not 3one in 9oo3 '4it0 4n3 not </&ti'ie3 5- t0e
e;i9encie& o' t0e 5/&ine&& 4n3 t0e &46e re&/7t&
in t0e ter6in4tion o' re9/74r e617o-ee& 4n3
re3/ction o' 2or8 0o/r& or re3/ction or &17ittin9
o' t0e 54r94inin9 /nit>
(5) Contr4ctin9 o/t o' 2or8 2it0 4 "cabo" 4&
3e'ine3 in Section 1 (ii), R/7e I, ,oo8 @ o' t0e&e
R/7e&. "Cabo" re'er& to 4 1er&on or 9ro/1 o'
1er&on& or to 4 745or 9ro/1 20ic0, in t0e 9/i&e o'
4 745or or94ni=4tion, &/117ie& 2or8er& to 4n
e617o-er, 2it0 or 2it0o/t 4n- 6onet4r- or ot0er
con&i3er4tion 20et0er in t0e c414cit- o' 4n 49ent
o' t0e e617o-er or 4& 4n o&ten&i57e in3e1en3ent
contr4ctor>
(c) T48in9 /n3/e 43.4nt49e o' t0e econo6ic
&it/4tion or 74c8 o' 54r94inin9 &tren9t0 o' t0e
5uman E Labor ' E Pro&. Battad E Pa!e "?
LAB+( LA2 " (E:'E2E(
contr4ct/47 e617o-ee, or /n3er6inin9 0i&
&ec/rit- o' ten/re or 54&ic ri90t&, or
circ/6.entin9 t0e 1ro.i&ion& o' re9/74r
e617o-6ent, in 4n- o' t0e 'o77o2in9 in&t4nce&:
(i) In 433ition to 0i& 4&&i9ne3 '/nction&, re?/irin9
t0e contr4ct/47 e617o-ee to 1er'or6 '/nction&
20ic0 4re c/rrent7- 5ein9 1er'or6e3 5- t0e
re9/74r e617o-ee& o' t0e 1rinci147 or o' t0e
contr4ctor or &/5contr4ctor>
(ii) Re?/irin9 0i6 to &i9n, 4& 4 1recon3ition to
e617o-6ent or contin/e3 e617o-6ent, 4n
4nte34te3 re&i9n4tion 7etter> 4 574n8 14-ro77> 4
24i.er o' 745or &t4n34r3& inc7/3in9 6ini6/6
249e& 4n3 &oci47 or 2e7'4re 5ene'it&> or 4
?/itc74i6 re7e4&in9 t0e 1rinci147, contr4ctor or
&/5contr4ctor 'ro6 4n- 7i45i7it- 4& to 14-6ent o'
'/t/re c74i6&> 4n3
(iii) Re?/irin9 0i6 to &i9n 4 contr4ct 'i;in9 t0e
1erio3 o' e617o-6ent to 4 ter6 &0orter t04n t0e
ter6 o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e
contr4ctor or &/5contr4ctor, /n7e&& t0e 74tter
contr4ct i& 3i.i&i57e into 104&e& 'or 20ic0
&/5&t4nti477- 3i''erent &8i77& 4re re?/ire3 4n3 t0i&
i& 643e 8no2n to t0e e617o-ee 4t t0e ti6e o'
en949e6ent>
(3) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice
t0ro/90 4n in%0o/&e 49enc- 20ic0 re'er& to 4
contr4ctor or &/5contr4ctor en949e3 in t0e
&/117- o' 745or 20ic0 i& o2ne3, 64n49e3 or
contro77e3 5- t0e 1rinci147 4n3 20ic0 o1er4te&
&o7e7- 'or t0e 1rinci147>
(e) Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice
3irect7- re74te3 to t0e 5/&ine&& or o1er4tion o' t0e
1rinci147 5- re4&on o' 4 &tri8e or 7oc8o/t 20et0er
4ct/47 or i66inent>
(') Contr4ctin9 o/t o' 4 <o5, 2or8 or &er.ice 5ein9
1er'or6e3 5- /nion 6e65er& 20en &/c0 2i77
inter'ere 2it0, re&tr4in or coerce e617o-ee& in t0e
e;erci&e o' t0eir ri90t& to &e7' or94ni=4tion 4&
1ro.i3e3 in Art. 248 (c) o' t0e (45or Co3e, 4&
46en3e3.
Section 7. "#istence of an employer-employee
relationship. % T0e contr4ctor or &/5contr4ctor
&0477 5e con&i3ere3 t0e e617o-er o' t0e
contr4ct/47 e617o-ee 'or 1/r1o&e& o' en'orcin9
t0e 1ro.i&ion& o' t0e (45or Co3e 4n3 ot0er &oci47
7e9i&74tion. T0e 1rinci147, 0o2e.er, &0477 5e
&o7i34ri7- 7i457e 2it0 t0e contr4ctor in t0e e.ent o'
4n- .io74tion o' 4n- 1ro.i&ion o' t0e (45or Co3e,
inc7/3in9 t0e '4i7/re to 14- 249e&.
T0e 1rinci147 &0477 5e 3ee6e3 t0e e617o-er o' t0e
contr4ct/47 e617o-ee in 4n- o' t0e 'o77o2in9
c4&e& 4& 3ec74re3 5- 4 co61etent 4/t0orit-:
(4) 20ere t0ere i& 745or%on7- contr4ctin9> or
(5) 20ere t0e contr4ctin9 4rr4n9e6ent '477& 2it0in
t0e 1ro0i5ition& 1ro.i3e3 in Section 6
(#ro0i5ition&) 0ereo'.
Section 8. Rights of Contractual "mployees. %
Con&i&tent 2it0 Section 7 o' t0e&e R/7e&, t0e
contr4ct/47 e617o-ee &0477 5e entit7e3 to 477 t0e
ri90t& 4n3 1ri.i7e9e& 3/e 4 re9/74r e617o-ee 4&
1ro.i3e3 'or in t0e (45or Co3e, 4& 46en3e3, to
inc7/3e t0e 'o77o2in9:
(4) S4'e 4n3 0e47t0'/7 2or8in9 con3ition&>
(5) (45or &t4n34r3& &/c0 4& &er.ice incenti.e
7e4.e, re&t 34-&, o.erti6e 14-, 0o7i34- 14-, 13t0
6ont0 14- 4n3 &e14r4tion 14->
(c) Soci47 &ec/rit- 4n3 2e7'4re 5ene'it&>
(3) Se7'%or94ni=4tion, co77ecti.e 54r94inin9 4n3
1e4ce'/7 concerte3 4ction> 4n3
(e) Sec/rit- o' ten/re.
Section 9. Contract bet$een contractor or
subcontractor and contractual employee. %
Not2it0&t4n3in9 or47 or 2ritten &ti1/74tion& to t0e
contr4r-, t0e contr4ct 5et2een t0e contr4ctor or
&/5contr4ctor 4n3 t0e contr4ct/47 e617o-ee,
20ic0 &0477 5e in 2ritin9, &0477 inc7/3e t0e
'o77o2in9 ter6& 4n3 con3ition&:
(4) T0e &1eci'ic 3e&cri1tion o' t0e <o5, 2or8 or
&er.ice to 5e 1er'or6e3 5- t0e contr4ct/47
e617o-ee>
(5) T0e 174ce o' 2or8 4n3 ter6& 4n3 con3ition& o'
e617o-6ent, inc7/3in9 4 &t4te6ent o' t0e 249e
r4te 4117ic457e to t0e in3i.i3/47 contr4ct/47
e617o-ee> 4n3
(c) T0e ter6 or 3/r4tion o' e617o-6ent, 20ic0
&0477 5e coe;ten&i.e 2it0 t0e contr4ct o' t0e
1rinci147 4n3 &/5contr4ctor, or 2it0 t0e &1eci'ic
104&e 'or 20ic0 t0e contr4ct/47 e617o-ee i&
en949e3, 4& t0e c4&e 64- 5e.
T0e contr4ctor or &/5contr4ctor &0477 in'or6 t0e
contr4ct/47 e617o-ee o' t0e 'ore9oin9 ter6& 4n3
con3ition& on or 5e'ore t0e 'ir&t 34- o' 0i&
e617o-6ent.
Section 10. "ffect of Termination of Contractual
"mployment. - In c4&e& o' ter6in4tion o'
e617o-6ent 1rior to t0e e;1ir4tion o' t0e contr4ct
5et2een t0e 1rinci147 4n3 t0e contr4ctor or
&/5contr4ctor, t0e ri90t o' t0e contr4ct/47
e617o-ee to &e14r4tion 14- or ot0er re74te3
5ene'it& &0477 5e 9o.erne3 5- t0e 4117ic457e 742&
4n3 </ri&1r/3ence on ter6in4tion o' e617o-6ent.
A0ere t0e ter6in4tion re&/7t& 'ro6 t0e e;1ir4tion
o' t0e contr4ct 5et2een t0e 1rinci147 4n3 t0e
contr4ctor or &/5contr4ctor, or 'ro6 t0e
co617etion o' t0e 104&e o' t0e <o5, 2or8 or
&er.ice 'or 20ic0 t0e contr4ct/47 e617o-ee i&
en949e3, t0e 74tter &0477 not 5e entit7e3 to
&e14r4tion 14-. +o2e.er, t0i& &0477 5e 2it0o/t
1re</3ice to co617etion 5on/&e& or ot0er
e6o7/6ent&, inc7/3in9 retire6ent 14- 4& 64- 5e
1ro.i3e3 5- 742 or in t0e contr4ct 5et2een t0e
1rinci147 4n3 t0e contr4ctor or &/5contr4ctor.
Section 11. Registration of Contractors or
!ubcontractors. % Con&i&tent 2it0 t0e 4/t0orit- o'
t0e Secret4r- o' (45or 4n3 E617o-6ent to re&trict
or 1ro0i5it t0e contr4ctin9 o/t o' 745or t0ro/90
411ro1ri4te re9/74tion&, 4 re9i&tr4tion &-&te6 to
9o.ern contr4ctin9 4rr4n9e6ent& 4n3 to 5e
5uman E Labor ' E Pro&. Battad E Pa!e "C
LAB+( LA2 " (E:'E2E(
i617e6ente3 5- t0e Re9ion47 !''ice& i& 0ere5-
e&t457i&0e3.
T0e re9i&tr4tion o' contr4ctor& 4n3
&/5contr4ctor& &0477 5e nece&&4r- 'or 1/r1o&e&
o' e&t457i&0in9 4n e''ecti.e 745or 64r8et
in'or64tion 4n3 6onitorin9.
*4i7/re to re9i&ter &0477 9i.e ri&e to t0e
1re&/61tion t04t t0e contr4ctor i& en949e3 in
745or%on7- contr4ctin9.
Section 12. Re%uirements for registration. % A
contr4ctor or &/5contr4ctor &0477 5e 7i&te3 in t0e
re9i&tr- o' contr4ctor& 4n3 &/5contr4ctor& /1on
co617etion o' 4n 4117ic4tion 'or6 to 5e 1ro.i3e3
5- t0e !(E. T0e 4117ic4nt contr4ctor or
&/5contr4ctor &0477 1ro.i3e in t0e 4117ic4tion
'or6 t0e 'o77o2in9 in'or64tion:
(4) T0e n46e 4n3 5/&ine&& 433re&& o' t0e
4117ic4nt 4n3 t0e 4re4 or 4re4& 20ere it &ee8& to
o1er4te>
(5) T0e n46e& 4n3 433re&&e& o' o''icer&, i' t0e
4117ic4nt i& 4 cor1or4tion, 14rtner&0i1,
coo1er4ti.e or /nion>
(c) T0e n4t/re o' t0e 4117ic4ntB& 5/&ine&& 4n3 t0e
in3/&tr- or in3/&trie& 20ere t0e 4117ic4nt &ee8&
to o1er4te>
(3) T0e n/65er o' re9/74r 2or8er&> t0e 7i&t o'
c7ient&, i' 4n-> t0e n/65er o' 1er&onne7 4&&i9ne3
to e4c0 c7ient, i' 4n- 4n3 t0e &er.ice& 1ro.i3e3 to
t0e c7ient>
(e) T0e 3e&cri1tion o' t0e 104&e& o' t0e contr4ct
4n3 t0e n/65er o' e617o-ee& co.ere3 in e4c0
104&e, 20ere 411ro1ri4te> 4n3
(') A co1- o' 4/3ite3 'in4nci47 &t4te6ent& i' t0e
4117ic4nt i& 4 cor1or4tion, 14rtner&0i1,
coo1er4ti.e or 4 /nion, or co1- o' t0e 74te&t ITR i'
t0e 4117ic4nt i& 4 &o7e 1ro1rietor&0i1.
T0e 4117ic4tion &0477 5e &/11orte3 5-:
(4) A certi'ie3 co1- o' 4 certi'ic4te o' re9i&tr4tion
o' 'ir6 or 5/&ine&& n46e 'ro6 t0e Sec/ritie& 4n3
E;c04n9e Co66i&&ion (SEC), e14rt6ent o'
Tr43e 4n3 In3/&tr- (TI), Coo1er4ti.e
e.e7o16ent A/t0orit- (CA), or 'ro6 t0e !(E i'
t0e 4117ic4nt i& 4 /nion> 4n3
(5) A certi'ie3 co1- o' t0e 7icen&e or 5/&ine&&
1er6it i&&/e3 5- t0e 7oc47 9o.ern6ent /nit or
/nit& 20ere t0e contr4ctor or &/5contr4ctor
o1er4te&.
T0e 4117ic4tion &0477 5e .eri'ie3 4n3 &0477 inc7/3e
4n /n3ert48in9 t04t t0e contr4ctor or
&/5contr4ctor &0477 45i3e 5- 477 4117ic457e 745or
742& 4n3 re9/74tion&.
Section 13. &iling and processing of applications.
% T0e 4117ic4tion 4n3 it& &/11ortin9 3oc/6ent&
&0477 5e 'i7e3 in tri17ic4te in t0e Re9ion47 !''ice&
20ere t0e 4117ic4nt 1rinci1477- o1er4te&. No
4117ic4tion 'or re9i&tr4tion &0477 5e 4cce1te3
/n7e&& 477 t0e 'ore9oin9 re?/ire6ent& 4re
co617ie3 2it0. T0e contr4ctor or &/5contr4ctor
&0477 5e 3ee6e3 re9i&tere3 /1on 14-6ent o' 4
re9i&tr4tion 'ee o' #100.00 to t0e Re9ion47 !''ice.
A0ere 477 t0e &/11ortin9 3oc/6ent& 04.e 5een
&/56itte3, t0e Re9ion47 !''ice &0477 3en- or
411ro.e t0e 4117ic4tion 2it0in &e.en (7) 2or8in9
34-& 4'ter it& 'i7in9.
"1on re9i&tr4tion, t0e Re9ion47 !''ice &0477 ret/rn
one &et o' t0e 3/7-%&t461e3 4117ic4tion
3oc/6ent& to t0e 4117ic4nt, ret4in one &et 'or it&
'i7e, 4n3 tr4n&6it t0e re64inin9 &et to t0e ,/re4/
o' (oc47 E617o-6ent. T0e ,/re4/ &0477 3e.i&e t0e
nece&&4r- 'or6& 'or t0e e;1e3itio/& 1roce&&in9
o' 477 4117ic4tion& 'or re9i&tr4tion.
Section 14. Duty to produce copy of contract
bet$een the principal and the contractor or
subcontractor. - T0e 1rinci147 or t0e contr4ctor or
&/5contr4ctor &0477 5e /n3er 4n o57i94tion to
1ro3/ce 4 co1- o' t0e contr4ct 5et2een t0e
1rinci147 4n3 t0e contr4ctor in t0e or3in4r-
co/r&e o' in&1ection. T0e contr4ctor &0477
7i8e2i&e 5e /n3er 4n o57i94tion to 1ro3/ce 4 co1-
o' t0e contr4ct o' e617o-6ent o' t0e contr4ct/47
2or8er 20en 3irecte3 to 3o &o 5- t0e Re9ion47
irector or 0i& 4/t0ori=e3 re1re&ent4ti.e.
A co1- o' t0e contr4ct 5et2een t0e contr4ct/47
e617o-ee 4n3 t0e contr4ctor or &/5contr4ctor
&0477 5e '/rni&0e3 t0e certi'ie3 54r94inin9 49ent,
i' t0ere i& 4n-.
Section 15. Annual Reporting of Registered
Contractors. % T0e contr4ctor or &/5contr4ctor
&0477 &/56it in tri17ic4te it& 4nn/47 re1ort /&in9 4
1re&cri5e3 'or6 to t0e 411ro1ri4te Re9ion47
!''ice not 74ter t04n t0e 15t0 o' C4n/4r- o' t0e
'o77o2in9 -e4r. T0e re1ort &0477 inc7/3e:
(4) A 7i&t o' contr4ct& entere3 2it0 t0e 1rinci147
3/rin9 t0e &/5<ect re1ortin9 1erio3>
(5) T0e n/65er o' 2or8er& co.ere3 5- e4c0
contr4ct 2it0 t0e 1rinci147>
(c) A &2orn /n3ert48in9 t04t t0e 5ene'it& 'ro6 t0e
Soci47 Sec/rit- S-&te6 (SSS), t0e +o6e
e.e7o16ent $/t/47 */n3 (+$*), #0i7+e47t0,
E617o-ee& Co61en&4tion Co66i&&ion (ECC),
4n3 re6itt4nce& to t0e ,/re4/ o' Intern47 Re.en/e
(,IR) 3/e it& contr4ct/47 e617o-ee& 04.e 5een
643e 3/rin9 t0e &/5<ect re1ortin9 1erio3.
T0e Re9ion47 !''ice &0477 ret/rn one &et o' t0e
3/7-%&t461e3 re1ort to t0e contr4ctor or
&/5contr4ctor, ret4in one &et 'or it& 'i7e, 4n3
tr4n&6it t0e re64inin9 &et to t0e ,/re4/ o' (oc47
E617o-6ent 2it0in 'i.e (5) 34-& 'ro6 recei1t
t0ereo'.
5uman E Labor ' E Pro&. Battad E Pa!e "A
LAB+( LA2 " (E:'E2E(
Section 16. Delisting of contractors or
subcontractors. % S/5<ect to 3/e 1roce&&, t0e
Re9ion47 irector &0477 c4nce7 t0e re9i&tr4tion o'
contr4ctor& or &/5contr4ctor& 54&e3 on 4n- o'
t0e 'o77o2in9 9ro/n3&:
(4) Non%&/56i&&ion o' contr4ct& 5et2een t0e
1rinci147 4n3 t0e contr4ctor or &/5contr4ctor
20en re?/ire3 to 3o &o>
(5) Non%&/56i&&ion o' 4nn/47 re1ort>
(c) *in3in9& t0ro/90 4r5itr4tion t04t t0e
contr4ctor or &/5contr4ctor 04& en949e3 in 745or%
on7- contr4ctin9 4n3 t0e 1ro0i5ite3 4cti.itie& 4&
1ro.i3e3 in Section 6 (#ro0i5ition&) 0ereo'> 4n3
(3) Non%co617i4nce 2it0 745or &t4n34r3& 4n3
2or8in9 con3ition&.
Section 17. Rene$al of registration of contractors
or subcontractors. % A77 re9i&tere3 contr4ctor& or
&/5contr4ctor& 64- 4117- 'or rene247 o'
re9i&tr4tion e.er- t0ree -e4r&. *or t0i& 1/r1o&e,
t0e Tri14rtite In3/&tri47 #e4ce Co/nci7 (TI#C) 4&
cre4te3 /n3er E;ec/ti.e !r3er No. 49, &0477 &er.e
4& t0e o.er&i90t co66ittee to .eri'- 4n3 6onitor
t0e 'o77o2in9:
(4) En949in9 in 477o2457e contr4ctin9 4cti.itie&>
4n3
(5) Co617i4nce 2it0 436ini&tr4ti.e re1ortin9
re?/ire6ent&.
Section 18. "nforcement of 'abor !tandards and
(or)ing Conditions. % Con&i&tent 2it0 Artic7e 128
(@i&itori47 4n3 En'orce6ent #o2er) o' t0e (45or
Co3e, 4& 46en3e3, t0e Re9ion47 irector t0ro/90
0i& 3/7- 4/t0ori=e3 re1re&ent4ti.e&, inc7/3in9
745or re9/74tion o''icer& &0477 04.e t0e 4/t0orit-
to con3/ct ro/tine in&1ection o' e&t457i&06ent&
en949e3 in contr4ctin9 or &/5contr4ctin9 4n3
&0477 04.e 4cce&& to e617o-erB& recor3& 4n3
1re6i&e& 4t 4n- ti6e o' t0e 34- or ni90t 20ene.er
2or8 i& 5ein9 /n3ert48en t0erein, 4n3 t0e ri90t to
co1- t0ere'ro6, to ?/e&tion 4n- e617o-ee 4n3
in.e&ti94te 4n- '4ct, con3ition or 64tter 20ic0
64- 5e nece&&4r- to 3eter6ine .io74tion& or
20ic0 64- 4i3 in t0e en'orce6ent o' t0e (45or
Co3e 4n3 o' 4n- 745or 742, 249e or3er, or r/7e&
4n3 re9/74tion& i&&/e3 1/r&/4nt t0ereto.
T0e 'in3in9& o' t0e 3/7- 4/t0ori=e3 re1re&ent4ti.e
&0477 5e re'erre3 to t0e Re9ion47 irector 'or
411ro1ri4te 4ction 4& 1ro.i3e3 'or in Artic7e 128,
4n3 &0477 5e '/rni&0e3 t0e co77ecti.e 54r94inin9
49ent, i' 4n-.
,4&e3 on t0e .i&itori47 4n3 en'orce6ent 1o2er o'
t0e Secret4r- o' (45or 4n3 E617o-6ent in Artic7e
128 (4), (5), (c) 4n3 (3), t0e Re9ion47 irector &0477
i&&/e co617i4nce or3er& to 9i.e e''ect to t0e 745or
&t4n34r3& 1ro.i&ion& o' t0e (45or Co3e, ot0er
745or 7e9i&74tion 4n3 t0e&e 9/i3e7ine&.
Section 19. !olidary liability. % T0e 1rinci147 &0477
5e 3ee6e3 4& t0e 3irect e617o-er o' t0e
contr4ct/47 e617o-ee& 4n3 t0ere'ore, &o7i34ri7-
7i457e 2it0 t0e contr4ctor or &/5contr4ctor 'or
204te.er 6onet4r- c74i6& t0e contr4ct/47
e617o-ee& 64- 04.e 494in&t t0e 'or6er in t0e
c4&e o' .io74tion& 4& 1ro.i3e3 'or in Section& 5
((45or%!n7- contr4ctin9), 6 (#ro0i5ition&), 8
(Ri90t& o' Contr4ct/47 E617o-ee&) 4n3 16
(e7i&tin9) o' t0e&e R/7e&. In 433ition, t0e
1rinci147 &0477 47&o 5e &o7i34ri7- 7i457e in c4&e t0e
contr4ct 5et2een t0e 1rinci147 4n3 contr4ctor or
&/5contr4ctor i& 1reter6in4te3 'or re4&on& not
4ttri5/t457e to t0e '4/7t o' t0e contr4ctor or
&/5contr4ctor.
Section 20. !upersession. % A77 r/7e& 4n3
re9/74tion& i&&/e3 5- t0e Secret4r- o' (45or 4n3
E617o-6ent incon&i&tent 2it0 t0e 1ro.i&ion& o'
t0i& R/7e 4re 0ere5- &/1er&e3e3. Contr4ctin9 or
&/5contr4ctin9 4rr4n9e6ent& in t0e con&tr/ction
in3/&tr-, /n3er t0e 7icen&in9 co.er49e o' t0e
#CA, 4n3 &0477 not inc7/3e &0i15/i73in9 4n3 &0i1
re14irin9 2or8&, 0o2e.er, &0477 contin/e to 5e
9o.erne3 5- e14rt6ent !r3er No. 19, &erie& o'
1993.
Section 21. "ffectivity. % T0i& !r3er &0477 5e
e''ecti.e 'i'teen (15) 34-& 4'ter co617etion o' it&
1/57ic4tion in t2o (2) ne2&141er& o' 9ener47
circ/74tion.
.
$4ni74, #0i7i11ine&, 21 *e5r/4r- 2002.
a. (e@uirements &or 'ndeendent
Contractor
San Fi!uel Cor ,. 9L(C )
Fali1si, .( 9o. "C%ADD, 5ec. D, 4<<D
5uman E Labor ' E Pro&. Battad E Pa!e "D
LAB+( LA2 " (E:'E2E(
L''U*A-PFPB ,. Burlin!!ame
cor., .( 9o. "D4$??, June "A, 4<<%
b. 5esirable Q Nnnecessar/
Coca-Cola Bottlers Phil., 'nc. ,.
9L(C, ?<% SC(A "?" ("###)
c. Labor Contractor +nl/= (e@uisites and
Prohibition
Fanila 2ater Co., 'nc. ,. Pena,
C?C SC(A A4 (4<<C)
d. E;ect o& Mindin!
San Fi!uel Cororation ,.
Abella, CD" SC(A ?#4 (4<<A)
?. Liabilit/ o& 'ndirect Emlo/er
Lanzaderas ,. Ameth/st
Securit/ ) .eneral Ser,ices, 'nc., supra
5uman E Labor ' E Pro&. Battad E Pa!e "%
LAB+( LA2 " (E:'E2E(
D. .re>e,p#o5,en2 Recr&$,en an" .#ace,en
o- WorBers
(e&erence8 Arts. "4-C4= P+EA (ules= Boo1 ", (ules '''-
:''', +mnibus (ules= Fi!rant 2or1ers and +,erseas
Miliinos Act o& "##A ((A $<C4)= Anti-TraBc1in! in
Persons Act 4<<? ((A #4<$) and (ules and
(e!ulations 'mlementin! (A #4<$
". Pre-emlo/ment Polic/ Q Statement o&
+b3ecti,es, Art. "4 (a) (&)=
Const., Art. '', Sec. #= (A $<C4, Sec. 4, C ) A.
AT. -.. +tatement of ob,ectives. - !t is the policy of
the State;
a1 To promote and maintain a state of full
employment through improved manpower
training, allocation and utili(ation<
f1 To strengthen the networ) of public
employment offices and rationali(e the
participation of the private sector in the
recruitment and placement of wor)ers,
locally and overseas, to serve national
development objectives<
-8>6 Constitution, Art !!, Sec. 8
The State shall promote a just and dynamic
social order that will ensure the prosperity
and independence of the nation and free the
people from poverty through policies that
provide adequate social services, promote
full employment, a rising standard of living,
and an improved quality of life for all.
#5B&"!C ACT +'. >70.
S#C. .. 2#C"AAT!'+ 'C 5'"!C!#S--
,a1 !n the pursuit of an independent foreign
policy and while considering national
sovereignty, territorial integrity, national
interest and the right to self-determination
paramount in its relations with other states,
the State shall, at all times, uphold the
dignity of its citi(ens whether in country or
overseas, in general, and Cilipino migrant
wor)ers, in particular.
,b1 The State shall afford full protection to
labor, local and overseas, organi(ed and
unorgani(ed, and promote full employment
and equality of employment opportunities for
all. Towards this end, the State shall provide
adequate and timely social, economic and
legal services to Cilipino migrant wor)ers.
,c1 Ahile recogni(ing the significant
contribution of Cilipino migrant wor)ers to the
national economy through their foreign
e*change remittances, the State does not
promote overseas employment as a means
to sustain economic growth and achieve
national development. The e*istence of the
overseas employment program rests solely
on the assurance that the dignity and
fundamental human rights and freedoms of
the Cilipino citi(ens shall not, at any time, be
compromised or violated. The State,
therefore, shall continuously create local
employment opportunities and promote the
equitable distribution of wealth and the
benefits of development.
,d1 The State affirms the fundamental
equality before the law of women and men
and the significant role of women in nation-
building. ecogni(ing the contribution of
overseas migrant women wor)ers and their
particular vulnerabilities, the State shall
apply gender sensitive criteria in the
formulation and implementation of policies
and programs affecting migrant wor)ers and
the composition of bodies tas)ed for the
welfare of migrant wor)ers.
,e1 Cree access to the courts and quasi-
judicial bodies and adequate legal
assistance shall not be denied to any
persons by reason of poverty. !n this regard,
it is imperative that an effective mechanism
be instituted to ensure that the rights and
interest of distressed overseas Cilipinos, in
general, and Cilipino migrant wor)ers, in
particular, documented or undocumented,
are adequately protected and safeguarded.
,f1 The right of Cilipino migrant wor)ers and
all overseas Cilipinos to participate in the
democratic decision-ma)ing processes of
the State and to be represented in
institutions relevant to overseas employment
is recogni(ed and guaranteed.
,g1 The State recogni(es that the ultimate
protection to all migrant wor)ers is the
possession of s)ills. 5ursuant to this and as
soon as practicable, the government shall
deploy andHor allow the deployment only to
s)illed Cilipino wor)ers.
,h1 +on-governmental organi(ations, duly
recogni(ed as legitimate, are partners of the
State in the protection of Cilipino migrant
wor)ers and in the promotion of their
5uman E Labor ' E Pro&. Battad E Pa!e "$
LAB+( LA2 " (E:'E2E(
welfare, the State shall cooperate with them
in a spirit of trust and mutual respect.
,!1 :overnment fees and other administrative
costs of recruitment, introduction, placement
and assistance to migrant wor)ers
shall be rendered free without prejudice to
the provision of Section 43 hereof.
+onetheless, the deployment of Cilipino
overseas wor)ers, whether land-based or
sea-based by local service contractors and
manning agencies employing them shall be
encouraged. Appropriate incentives may be
e*tended to them.
!. 2#5"'I=#+T
S#C. 0. 2eployment of =igrant Aor)ers -
The State shall deploy overseas Cilipino
wor)ers only in countries where the rights of
Cilipino migrant wor)ers are protected. The
government recogni(es any of the following
as guarantee on the part of the receiving
country for the protection and the rights of
overseas Cilipino wor)ers;
,a1 !t has e*isting labor and social laws
protecting the rights of migrant wor)ers<
,b1 !t is a signatory to multilateral
conventions, declaration or resolutions
relating to the protection of migrant wor)ers<
,c1 !t has concluded a bilateral agreement or
arrangement with the government protecting
the rights of overseas Cilipino wor)ers< and
,d1 !t is ta)ing positive, concrete measures to
protect the rights of migrant wor)ers.
S#C. /. T#=!+AT!'+ ' &A+ '+
2#5"'I=#+T - +otwithstanding the
provisions of Section 0 hereof, the
government, in pursuit of the national
interest or when public welfare so requires,
may, at any time, terminate or impose a ban
on the deployment of migrant wor)ers.
4. Pri,ate Sector Q A!encies and Entities
a. Parties
") 2or1er Q Art. "? (a)
AT. -4. Definitions. - ,a1 "%or-er" means
any member of the labor force, whether employed or
unemployed.
4) Pri,ate Emlo/ment A!enc/ Q Arts. "? (c) (d), "4
(&), "C (a)
AT. -4. ,c1 "Private fee*charging
employment agency" means any person or
entity engaged in recruitment and placement
of wor)ers for a fee which is charged,
directly or indirectly, from the wor)ers or
employers or both.
,d1 "License" means a document issued by
the 2epartment of "abor authori(ing a
person or entity to operate a private
employment agency.
AT. -.. +tatement of ob,ectives. - !t is the
policy of the State;
f1 To strengthen the networ) of public
employment offices and rationali(e the
participation of the private sector in the
recruitment and placement of wor)ers,
locally and overseas, to serve national
development objectives<
AT. -0. )mployment promotion. - The
Secretary of "abor shall have the power and
authority;
,a1 To organi(e and establish new
employment offices in addition to the e*isting
employment offices under the 2epartment of
"abor as the need arises<
?) Pri,ate (ecruitment Entit/ Q Arts. "? (e) (&), "4 (&),
"C (a)
AT. -4. ,e1 "Private recruitment entity"
means any person or association engaged in
the recruitment and placement of wor)ers,
locally or overseas, without charging, directly
or indirectly, any fee from the wor)ers or
employers.
,f1 "Authority" means a document issued by
the 2epartment of "abor authori(ing a
person or association to engage in
recruitment and placement activities as a
private recruitment entity.
AT. -.. +tatement of ob,ectives. - !t is the
policy of the State;
f1 To strengthen the networ) of public
employment offices and rationali(e the
participation of the private sector in the
recruitment and placement of wor)ers,
locally and overseas, to serve national
development objectives<
AT. -0. )mployment promotion. - The
Secretary of "abor shall have the power and
authority;
,a1 To organi(e and establish new
employment offices in addition to the e*isting
employment offices under the 2epartment of
"abor as the need arises<
b. (ecruitment and Placement
5uman E Labor ' E Pro&. Battad E Pa!e "#
LAB+( LA2 " (E:'E2E(
") Local Emlo/ment, Art. "? (b)
,b1 "Recruitment and placement" refers to
any act of canvassing, enlisting, contracting,
transporting, utili(ing, hiring or procuring
wor)ers, and includes referrals, contract
services, promising or advertising for
employment, locally or abroad, whether for
profit or not; 5rovided, That any person or
entity which, in any manner, offers or
promises for a fee, employment to two or
more persons shall be deemed engaged in
recruitment and placement.
4) +,erseas Emlo/ment, Sec. D, (A $<C4
Sec. 3. 2#C!+!T!'+S. - Cor purposes of this
Act, illegal recruitment shall mean any act of
canvassing, enlisting, contracting,
transporting, utili(ing, hiring, procuring
wor)ers and includes referring, contact
services, promising or advertising for
employment abroad, whether for profit or
not, when underta)en by a non-license or
non-holder of authority contemplated under
Article -4,f1 of 5residential 2ecree +o. 00.,
as amended, otherwise )nown as the "abor
Code of the 5hilippines. 5rovided, that such
non-license or non-holder, who, in any
manner, offers or promises for a fee
employment abroad to two or more persons
shall be deemed so engaged. !t shall
li)ewise include the following acts, whether
committed by any persons, whether a non-
licensee, non-holder, licensee or holder of
authority.
,a1 To charge or accept directly or indirectly
any amount greater than the specified in the
schedule of allowable fees prescribed by the
Secretary of "abor and #mployment, or to
ma)e a wor)er pay any amount greater than
that actually received by him as a loan or
advance<
,b1 To furnish or publish any false notice or
information or document in relation to
recruitment or employment<
,c1 To give any false notice, testimony,
information or document or commit any act
of misrepresentation for the purpose of
securing a license or authority under the
"abor Code<
,d1 To induce or attempt to induce a wor)er
already employed to quit his employment in
order to offer him another unless the transfer
is designed to liberate a wor)er from
oppressive terms and conditions of
employment<
,e1 To influence or attempt to influence any
persons or entity not to employ any wor)er
who has not applied for employment through
his agency<
,f1 To engage in the recruitment of placement
of wor)ers in jobs harmful to public health or
morality or to dignity of the epublic of the
5hilippines<
,g1 To obstruct or attempt to obstruct
inspection by the Secretary of "abor and
#mployment or by his duly authori(ed
representative<
,h1 To fail to submit reports on the status of
employment, placement vacancies,
remittances of foreign e*change earnings,
separations from jobs, departures and such
other matters or information as may be
required by the Secretary of "abor and
#mployment<
,i1 To substitute or alter to the prejudice of
the wor)er, employment contracts approved
and verified by the 2epartment of "abor and
#mployment from the time of actual signing
thereof by the parties up to and including the
period of the e*piration of the same without
the approval of the 2epartment of "abor and
#mployment<
,j1 Cor an officer or agent of a recruitment or
placement agency to become an officer or
member of the &oard of any corporation
engaged in travel agency or to be engaged
directly on indirectly in the management of a
travel agency<
,)1 To withhold or deny travel documents
from applicant wor)ers before departure for
monetary or financial considerations other
than those authori(ed under the "abor Code
and its implementing rules and regulations<
,l1 Cailure to actually deploy without valid
reasons as determined by the 2epartment of
"abor and #mployment< and
,m1 Cailure to reimburse e*penses incurred
by the wor)ers in connection with his
documentation and processing for purposes
of deployment, in cases where the
deployment does not actually ta)e place
without the wor)erJs fault. !llegal recruitment
when committed by a syndicate or in large
scale shall be considered as offense
involving economic sabotage.
!llegal recruitment is deemed committed by a
syndicate carried out by a group of three ,41
or more persons conspiring or confederating
with one another. !t is deemed committed in
large scale if committed against three ,41 or
more persons individually or as a group.
The persons criminally liable for the above
offenses are the principals, accomplices and
accessories. !n case of juridical persons, the
officers having control, management or
direction of their business shall be liable.
c. Allowed and Protected Entities
") Allowed Pri,ate A!encies and Entities, Arts. "D,
"$, 4A, "4 (&)
AT. -3. Private recruitment. - #*cept as
provided in Chapter !! of this Title, no person
or entity other than the public employment
5uman E Labor ' E Pro&. Battad E Pa!e 4<
LAB+( LA2 " (E:'E2E(
offices, shall engage in the recruitment and
placement of wor)ers.
AT. ->. .an on direct*hiring. - +o employer
may hire a Cilipino wor)er for overseas
employment e*cept through the &oards and
entities authori(ed by the Secretary of "abor.
2irect-hiring by members of the diplomatic
corps, international organi(ations and such
other employers as may be allowed by the
Secretary of "abor is e*empted from this
provision.
AT. ./. Private sector participation in the
recruitment and placement of #or-ers. -
5ursuant to national development objectives
and in order to harness and ma*imi(e the
use of private sector resources and initiative
in the development and implementation of a
comprehensive employment program, the
private employment sector shall participate
in the recruitment and placement of wor)ers,
locally and overseas, under such guidelines,
rules and regulations as may be issued by
the Secretary of "abor.
AT. -.. +tatement of ob,ectives. - !t is the
policy of the State;
f1 To strengthen the networ) of public
employment offices and rationali(e the
participation of the private sector in the
recruitment and placement of wor)ers,
locally and overseas, to serve national
development objectives<
4) Prohibited Business A!encies and Entities, Arts.
"D, "$, 4A, 4D
AT. -3. Private recruitment. - #*cept as provided in
Chapter !! of this Title, no person or entity other than
the public employment offices, shall engage in the
recruitment and placement of wor)ers.
AT. ->. .an on direct*hiring. - +o employer may hire
a Cilipino wor)er for overseas employment e*cept
through the &oards and entities authori(ed by the
Secretary of "abor. 2irect-hiring by members of the
diplomatic corps, international organi(ations and such
other employers as may be allowed by the Secretary
of "abor is e*empted from this provision.
AT. ./. Private sector participation in the recruitment
and placement of #or-ers. - 5ursuant to national
development objectives and in order to harness and
ma*imi(e the use of private sector resources and
initiative in the development and implementation of a
comprehensive employment program, the private
employment sector shall participate in the recruitment
and placement of wor)ers, locally and overseas,
under such guidelines, rules and regulations as may
be issued by the Secretary of "abor.
AT. .3. Travel agencies prohibited to recruit. - Travel
agencies and sales agencies of airline companies are
prohibited from engaging in the business of
recruitment and placement of wor)ers for overseas
employment whether for profit or not.
d. .o,ernment Techni@ues o& (e!ulation Q Pri,ate
(ecruitment
") Licensin!, Arts. 4%, 4$, 4#, ?<, ?", P+EA rules and
(e!ulations, Boo1 '', Sec. " and Boo1 '', (ule ''
AT. .6. Citi/enship re0uirement. - 'nly
Cilipino citi(ens or corporations, partnerships
or entities at least seventy-five percent
,6/K1 of the authori(ed and voting capital
stoc) of which is owned and controlled by
Cilipino citi(ens shall be permitted to
participate in the recruitment and placement
of wor)ers, locally or overseas.
AT. .>. Capitali/ation. - All applicants for
authority to hire or renewal of license to
recruit are required to have such substantial
capitali(ation as determined by the Secretary
of "abor.
AT. .8. Non*transferability of license or
authority. - +o license or authority shall be
used directly or indirectly by any person
other than the one in whose favor it was
issued or at any place other than that stated
in the license or authority be transferred,
conveyed or assigned to any other person or
entity. Any transfer of business address,
appointment or designation of any agent or
representative including the establishment of
additional offices anywhere shall be subject
to the prior approval of the 2epartment of
"abor.
AT. 47. Registration fees. - The Secretary
of "abor shall promulgate a schedule of fees
for the registration of all applicants for
license or authority.
AT. 4-. .onds. - All applicants for license or
authority shall post such cash and surety
bonds as determined by the Secretary of
"abor to guarantee compliance with
prescribed recruitment procedures, rules and
regulations, and terms and conditions of
employment as may be appropriate.
#!EA R/7e&, ,oo8 II,
(ICENSIN) AN RE)"(ATI!N
R"(E I
#ARTICI#ATI!N !* T+E #RI@ATE SECT!R IN T+E
!@ERSEAS E$#(!D$ENT #R!)RA$
Section -. Lualifications. 'nly those who
possess the following qualifications may be
permitted to engage in the business of
recruitment and placement of Cilipino
wor)ers;
a. Cilipino citi(ens, partnerships or
corporations at least seventy five percent
,6/K1 of the authori(ed capital stoc) of
which is owned and controlled by Cilipino
citi(ens<
b. A minimum capitali(ation of Two =illion
5esos ,5.,777,777.771 in case of a single
5uman E Labor ' E Pro&. Battad E Pa!e 4"
LAB+( LA2 " (E:'E2E(
proprietorship or partnership and a minimum
paid-up capital of Two =illion 5esos
,5.,777,777.771 in case of a corporation<
Provided that those with e*isting licenses
shall, within four years from effectivity
hereof, increase their capitali(ation or paid
up capital, as the case may be, to Two
=illion 5esos ,5.,777,777.771 at the rate of
Two 9undred Cifty Thousand 5esos
,5./7,777.771 every year.
c. Those not otherwise disqualified by law or
other government regulations to engage in
the recruitment and placement of wor)ers for
overseas employment.
B"# !!
!SSBA+C# 'C "!C#+S#

Section -. Re0uirements for (ssuance of
License. - #very applicant for license to
operate a private employment agency or
manning agency shall submit a written
application together with the following
requirements;
a. A certified copy of the Articles of
!ncorporation or of 5artnership duly
registered with the Securities and #*change
Commission ,S#C1, in the case of
corporation or partnership or Certificate of
egistration of firm or business name with
the &ureau of 2omestic Trade ,&2T1 in the
case of a single proprietorship<
b. 5roof of financial capacity; !n the case of
a single proprietorship or partnership,
verified income ta* returns for the past two
,.1 years and a ban) certificate of a cash
deposit of 5./7,777.77, provided that the
applicant should submit an authority to
e*amine such ban) deposit.
!n the case of a newly organi(ed corporation,
submission of a ban) certificate of a cash
deposit of at least 5./7,777.77 with authority
to e*amine the same. Cor an e*isting
corporation, submission of a verified financial
statement, corporate ta* returns for the past
two ,.1 years and ban) certification of a cash
deposit of at least 5./7,777.77 with the
corresponding authority to e*amine such
deposit.
c. #scrow agreement in the amount of
5.77,777.77 with an accredited reputable
ban)ing corporation to primarily answer for
valid and legal claims of recruited wor)ers as
a result of recruitment violations or money
claims<
d. Clearance of all members of the &oard of
2irectors, partner, or proprietor of the
applicant agency from the +ational &ureau
of !nvestigation ,+&!1 and other government
agencies as the need may require, Ciscal?s
clearance in case of persons with criminal
cases< provided that where the member or
partner concerned is a foreigner, clearance
from his country of origin shall be
acceptable<
e. 5roof of mar)eting capability<

Cor land-based applicants;

An applicant with an actual principalHforeign
employer to be serviced, shall at the time of
application submit the following documents
for evaluation;

,-1 A duly e*ecuted Special 5ower of
Attorney authenticated by the 5hilippine
#mbassyHConsulate or "abor Attache in the
place where the principalHemployers hold
their office< or

,.1 A concluded serviceHrecruitment
agreement authenticated by the 5hilippine
#mbassyHConsulate, or "abor Attache in the
place where the projectHjob site is located<

,41 An authenticated manpower mobili(ation
request or visa approval of not less than fifty
,/71 wor)ers for deployment within a period
not e*ceeding si* ,31 months from issuance
of approved license<

An applicant who, at the time of application
is unable to present a foreign
principalHemployer shall, upon compliance
with all other licensing requirements as
herein provided, be issued a provisional
license, subject to submission of a verified
underta)ing to deploy at least fifty ,/71
wor)ers, e*clusive of direct hired, within a
period not e*ceeding si* ,31 months from
date of issuance of provisional license. !t is
understood that failure to comply with this
underta)ing shall result in the automatic
revocation of the provisional license.

Cor manning applicants;
,-1 A duly e*ecuted Special 5ower of
Attorney authenticated by the 5hilippine
#mbassyHConsulate or "abor Attache in
place where the vessel
ownersHoperatorsHmanager hold their
principal office< or

,.1 A duly concluded manning agreement
authenticated by the 5hilippine #mbassy,
Consulate, or "abor Attache in the place
where the vesselHownersHoperatorsH
5uman E Labor ' E Pro&. Battad E Pa!e 44
LAB+( LA2 " (E:'E2E(
manager hold their principal office<

,41 A manpower mobili(ation request of not
less than fifty ,/71 seafarers for deployment
within a period not e*ceeding si* ,31 months
from issuance of approved license.
f. A verified underta)ing stating that the
applicant;
,-1 Shall select only medically and
technically qualified recruits<

,.1 Shall assume full and complete
responsibility for all claims and liabilities
which may arise in connection with the use
of license<

,41 Shall assume joint and solidary liability
with the employer for all claims and liabilities
which may arise in connection with the
implementation of the contract, including but
not limited to payment of wages, death and
disability compensation and repatriation<

,01 Shall guarantee compliance with the
e*isting labor and social legislations of the
5hilippines and of the country of employment
of recruited wor)ers< and

,/1 Shall assume full and complete
responsibility for all acts of its officials,
employees and representatives done in
connection with recruitment and placement<
g. "ist of all officials and personnel involved
in the recruitment and placement, together
with their appointment, bio-data and two ,.1
copies of their passport-si(e pictures.
h. Copy of contract of lease or proof of
building ownership together with office
address.
Section .. Action on the Application. * Aithin
thirty ,471 calendar days from receipt of
application or requirements including proof of
payment of a non-refundable filing fee of
5/,777.77, the Administration shall evaluate
pertinent documents of the applicant, inspect
the offices and equipment and recommend
to the Secretary the approval or denial of the
application.
Section 4. (ssuance of License. - The
Administration shall recommend to the
Secretary issuance of the corresponding
license upon due evaluation and compliance
with licensing requirements and operational
standards.
Section 0. Payment of 1ees and Posting of
.onds. - Bpon approval of the application,
the applicant shall pay a license fee of
547,777.77. !t shall also post a cash bond of
5-77,777.77 and a surety bond of
5/7,777.77 from a bonding company
acceptable to the Administration and duly
accredited by the !nsurance Commission.
The bonds shall answer for all valid and legal
claims arising from violations of the
conditions for the grant and use of the
license, andHor accreditation and contracts of
employment. The bonds shall li)ewise
guarantee compliance with the provisions of
the Code and its implementing rules and
regulations relating to recruitment and
placement, the ules of the Administration
and relevant issuances of the 2epartment
and all liabilities which the Administration
may impose. The surety bonds shall include
the condition Fthat notice to the principal is
notice to the surety and that any judgment
against the principal in connection with
matters falling under 5'#A?s jurisdiction
shall be binding and conclusive on the
surety. The surety bonds shall be co-
terminus with the validity period of the
license.
Section /. "alidity of License. * #very
license shall be valid for at least two ,.1
years from the date of issuance unless
sooner cancelled or revo)ed by the
Secretary or suspended by the
Administration for violation of the Code and
its rules and relevant decrees, orders and
issuances and other rules and regulations of
the 2epartment. Such license shall be valid
only at the placeHs stated therein and when
used by the licensed person, partnership or
corporation.
Section 3. Non*Transferability of License. *
+o license shall be transferred, conveyed or
assigned to any person, partnership or
corporation. !t shall not be used directly or
indirectly by any person, partnership or
corporation other than the one in whose
favor it was issued. Diolation shall cause
automatic revocation of license.
!n case of death of the sole proprietor, and in
order to prevent disruption of operation and
so as not to prejudice the interest of
legitimate heirs, the licensed single
proprietorship may be allowed to continue
only for the purpose of winding up its
business operation.
Section 6. Change of
&#nership2Relationship of +ingle
Proprietorship or Partnership. * Transfer or
change of ownership of a single
proprietorship licensed to engage in
overseas employment shall cause the
automatic revocation of the license. The
new owner shall be required to apply for a
license in accordance with these ules.
A change in the relationship of the partners
in a partnership duly licensed to engage in
overseas employment which materially
interrupts the course of the business or
results in the actual dissolution of the
5uman E Labor ' E Pro&. Battad E Pa!e 4?
LAB+( LA2 " (E:'E2E(
partnership shall li)ewise cause the
automatic revocation of the license.
Section >. 3pgrading of +ingle
Proprietorship or Partnerships. * "icense
holders which are single proprietorships or
partnerships may, subject to the guidelines
of the Administration, convert into
corporation for purposes of upgrading or
raising their capabilities to respond
adequately to developmentsHchanges in the
international labor mar)et and to enable
them to better comply with their
responsibilities arising from the recruitment
and deployment of wor)ers overseas.
The approval of merger, consolidation or
upgrading shall automatically revo)e or
cancel the licenses of the single
proprietorships, partnerships or corporations
so merged, consolidated or upgraded.
Section 8. Change of Directors of
Corporation. * #very change in the
composition of the &oard of 2irectors of a
corporation licensed to participate in
overseas employment shall be registered
with the Administration within thirty ,471
calendar days from the date the change was
decided or approved. The corporation shall
be required to submit to the Administration
the =inutes of 5roceedings duly certified by
the S#C, the bio-data and clearances of the
new members of the &oard from the
government agencies identified in Section -
,e1 of this ule.
Section -7. Change of &ther &fficers and
Personnel. * #very change or termination of
appointment of officers, representatives and
personnel shall be registered with the
Administration within thirty ,471 calendar
days from the date of such change.
The Administration reserves the right to deny
the appointment of officers and employees
who were directly involved in recruitment
irregularities.
Section --. Appointment of
Representatives. - #very appointment of
representatives or agents of licensed agency
shall be subject to prior approval or authority
of the Administration.

The approval may be issued upon
submission of or compliance with the
following requirements;
a. 5roposed appointment or special power of
attorney<

b. Clearances of the proposed
representative or agent from +&!<

c. A sworn or verified statement by the
designating or appointing person or
company assuming full responsibility for all
acts of the agent or representative done in
connection with the recruitment and
placement of wor)ers<
Section -.. Publication of Change of
Directors2&ther &fficers and Personnel2
Revocation or Amendment of Appointment of
Representatives. * !n addition to the
requirement of registration with and
submission to the Administration, every
change in the membership of the &oard of
2irectors, resignationHtermination of other
officers and personnel, revocation or
amendment of appointment of
representatives shall be published at least
once in a newspaper of general circulation,
in order to bind third parties. 5roof of such
publication shall be submitted to the
Administration
Section -4. Transfer of .usiness Address
and +tudio. * Any transfer of business
address shall be effected only with prior
authority or approval of the Administration.
The approval shall be issued only upon
formal notice of the intention to transfer with
the following attachments;
a. Copy of the company?s notice to the &2T
or the S#C on the transfer of business
address<

b. !n the case of a corporation, a &oard
esolution duly registered with the S#C
authori(ing the transfer of business address<


c. !n the case of a single proprietorship, a
copy of the &2T?s ac)nowledgment of the
notice to transfer< and

d. Copy of the contract of lease or proof of
building ownership.
The new office shall be subject to the normal
ocular inspection procedures by duly
authori(ed representatives of the
Administration.
A notice to the public of the new address
shall be published in a newspaper of general
circulation.
Section -0. )stablishment of )4ecutive
&ffice. - The establishment of an e*ecutive
office outside of the registered address shall
be effected only with prior approval or
authority of the Administration. The approval
may be issued upon submission of an
affidavit of underta)ing to the effect that no
recruitment activity whatsoever shall be
conducted thereat and that the agency has a
valid contract of lease or building ownership.
Section -/. )stablishment of .ranch and
)4tension &ffices. * &ranch and e*tension
5uman E Labor ' E Pro&. Battad E Pa!e 4C
LAB+( LA2 " (E:'E2E(
offices may be established in areas
approved by the Secretary, subject to
implementing guidelines.
Section -3. Conduct of Recruitment &utside
of Registered &ffice$ .ranch or )4tension
&ffice. * +o licensed agency shall conduct
any provincial recruitment, job fairs or
recruitment activities of any form outside of
the address stated in the license,
ac)nowledged &ranch or #*tension 'ffice or
without first securing prior authority from the
Administration of the Center.
Section -6. Rene#al of License. * An
agency shall submit an application for the
renewal thereof to the Administration. Such
application shall be supported by the
following documents;
a. 5roof of foreign e*change earnings issued
by the Central &an)<

b. Surety bond duly renewed or revalidated<

c. #scrow agreement in the amount of
5.77,777.77 with an accredited reputable
ban)ing corporation to primarily answer for
valid and legal claims of recruited wor)ers as
a result of recruitment violations or money
claims<

d. eplenishment of the cash bond in case
such or any part thereof is garnished<

e. 5roof of financial capacity such as but not
limited to verified financial statements for the
past two ,.1 years, verified corporate or
individual ta* returns with confirmation
receipts, and compliance with capitali(ation
requirements and infusion thereof as the
case may be, as certified by the Securities
and #*change Commission<

f. Summary of deployment reports during the
validity of the license sought to be renewed<

g. Summary of payroll reports in case of
contractors and manning agencies during
the validity of the license sought to be
renewed< and

h. 'ther requirements as may be imposed
by the Administration.
Section ->. Non*e4piration of License. *
Ahere the license holder has made timely
and sufficient application for renewal, the
e*isting license shall not e*pire until the
application shall have been finally
determined by the Administration.
Section -8. Action on Rene#al of License. -
Aithin thirty ,471 calendar days from receipt
of the application for renewal the
Administration shall underta)e evaluation
and inspection and thereafter recommend to
the Secretary the grant or denial of the
application.
Section .7. 1ailure to Rene#. * Any agency
which fails to obtain a renewal of its license
within thirty ,471 calendar days from
e*piration thereof, shall be immediately
deemed delisted and disallowed from
conducting recruitment and placement.
Section .-. Denial of Rene#al of Licenses.
- "icenses of agencies which fail to conclude
a recruitment or manning agreement andHor
underta)e minimum levels of wor)er
deployment and foreign e*change
generation or those which fail to meet the
minimum operational standards and
requirements set by the Administration, shall
not be renewed.
Section ... %hen to Consider Cash
.ond2Deposit in )scro# arnished. - As
soon as an 'rder of :arnishment is served
upon the AdministrationH&an), and the same
is correspondingly earmar)ed, the cash
bondHdeposit in escrow of an agency shall no
longer be considered sufficient. The
Administration shall forthwith serve upon the
agency a notice to replenish.
Section .4. Replenishment of Cash or
+urety .onds2Deposit in )scro#. * Aithin
fifteen ,-/1 calendar days from date of
receipt of notice from the Administration that
the bondsHdeposit in escrow, or any part
thereof had been garnished, the agency
shall replenish the same. Cailure to
replenish such bondsHdeposit in escrow
within the said period shall cause the
suspension of the license.
Section .0. Refund of Cash .ond2Release
of Deposit in )scro#. - A licensed agency
which voluntarily surrenders its license shall
be entitled to the refund of its deposited cash
bond and release of the deposit in escrow,
only after posting a surety bond of similar
amount valid for four ,01 years from
e*piration of license.
Section ./. )valuation of Performance of
Agencies. * The Administration shall
underta)e the annual evaluation and rating
of the performance of licensed agencies to
determine the merits of their continued
participation in the overseas employment
program ta)ing into consideration
compliance with laws and regulations and
such other criteria as it may deem proper.
Section .3. Classification and Ran-ing. *
The Administration may underta)e the
classification and ran)ing of agencies. !n
recognition of e*emplary performance, it
may underta)e schemes for incentives and
rewards.
5uman E Labor ' E Pro&. Battad E Pa!e 4A
LAB+( LA2 " (E:'E2E(
4) 2or1ersI Mees, Art. ?4
AT. 4.. 1ees to be paid by #or-ers. - 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. Such fee shall be always
covered with the appropriate receipt clearly
showing the amount paid. The Secretary of
"abor shall promulgate a schedule of
allowable fees.
?) (eortsEEmlo/ment 'n&ormation, Arts. ??, "C (d)
AT. 44. Reports on employment status. -
Ahenever the public interest requires, the
Secretary of "abor may direct all persons or
entities within the coverage of this Title to
submit a report on the status of employment,
including job vacancies, details of job
requisitions, separation from jobs, wages,
other terms and conditions and other
employment data.
AT. -0. )mployment promotion. - The
Secretary of "abor shall have the power and
authority;
,d1 To require any person, establishment,
organi(ation or institution to submit such
employment information as may be
prescribed by the Secretary of "abor.
C) Prohibited Practices, Art. ?C
AT. 40. Prohibited practices. - !t shall be
unlawful for any individual, entity, licensee,
or holder of authority;
,a1 To charge or accept, directly or indirectly,
any amount greater than that specified in the
schedule of allowable fees prescribed by the
Secretary of "abor, or to ma)e a wor)er pay
any amount greater than that actually
received by him as a loan or advance<
,b1 To furnish or publish any false notice or
information or document in relation to
recruitment or employment<
,c1 To give any false notice, testimony,
information or document or commit any act
of misrepresentation for the purpose of
securing a license or authority under this
Code.
,d1 To induce or attempt to induce a wor)er
already employed to quit his employment in
order to offer him to another unless the
transfer is designed to liberate the wor)er
from oppressive terms and conditions of
employment<
,e1 To influence or to attempt to influence
any person or entity not to employ any
wor)er who has not applied for employment
through his agency<
,f1 To engage in the recruitment or placement
of wor)ers in jobs harmful to public health or
morality or to the dignity of the epublic of
the 5hilippines<
,g1 To obstruct or attempt to obstruct
inspection by the Secretary of "abor or by
his duly authori(ed representatives<
,h1 To fail to file reports on the status of
employment, placement vacancies,
remittance of foreign e*change earnings,
separation from jobs, departures and such
other matters or information as may be
required by the Secretary of "abor.
,i1 To substitute or alter employment
contracts approved and verified by the
2epartment of "abor from the time of actual
signing thereof by the parties up to and
including the periods of e*piration of the
same without the approval of the Secretary
of "abor<
,j1 To become an officer or member of the
&oard of any corporation engaged in travel
agency or to be engaged directly or indirectly
in the management of a travel agency< and
,)1 To withhold or deny travel documents
from applicant wor)ers before departure for
monetary or financial considerations other
than those authori(ed under this Code and
its implementing rules and regulations.
A) 'lle!al (ecruitment, Art. ?$= Sec. D, (A $<C4
AT. 4>. (llegal recruitment. - ,a1 Any
recruitment activities, including the prohibited
practices enumerated under Article 40 of this
Code, to be underta)en by non-licensees or
non-holders of authority, shall be deemed
illegal and punishable under Article 48 of this
Code. The 2epartment of "abor and
#mployment or any law enforcement officer
may initiate complaints under this Article.
,b1 !llegal recruitment when committed by a
syndicate or in large scale shall be
considered an offense involving economic
sabotage and shall be penali(ed in
accordance with Article 48 hereof.
!llegal recruitment is deemed committed by a
syndicate if carried out by a group of three
,41 or more persons conspiring andHor
confederating with one another in carrying
out any unlawful or illegal transaction,
enterprise or scheme defined under the first
paragraph hereof. !llegal recruitment is
5uman E Labor ' E Pro&. Battad E Pa!e 4D
LAB+( LA2 " (E:'E2E(
deemed committed in large scale if
committed against three ,41 or more persons
individually or as a group.
,c1 The Secretary of "abor and #mployment
or his duly authori(ed representatives shall
have the power to cause the arrest and
detention of such non-licensee or non-holder
of authority if after investigation it is
determined that his activities constitute a
danger to national security and public order
or will lead to further e*ploitation of job-
see)ers. The Secretary shall order the
search of the office or premises and sei(ure
of documents, paraphernalia, properties and
other implements used in illegal recruitment
activities and the closure of companies,
establishments and entities found to be
engaged in the recruitment of wor)ers for
overseas employment, without having been
licensed or authori(ed to do so.
D) En&orcement
a) (e!ulator/ Power, Art. ?D
AT. 43. Regulatory po#er. - The Secretary
of "abor shall have the power to restrict and
regulate the recruitment and placement
activities of all agencies within the coverage
of this Title and is hereby authori(ed to issue
orders and promulgate rules and regulations
to carry out the objectives and implement the
provisions of this Title.
b) (ule-Fa1in! Power, Art. ?D
c) :isitorial Power, Art. ?%
AT. 46. "isitorial Po#er. - The Secretary of
"abor or his duly authori(ed representatives
may, at any time, inspect the premises,
boo)s of accounts and records of any person
or entity covered by this Title, require it to
submit reports regularly on prescribed forms,
and act on violation of any provisions of this
Title.
%) Joint and Se,eral Liabilit/ o& A!ent and Princial,
P+EA (ules, Boo1 '', (ule '', Sec. " (&)
Section -. Re0uirements for (ssuance of
License. - #very applicant for license to
operate a private employment agency or
manning agency shall submit a written
application together with the following
requirements;
f. A verified underta)ing stating that the
applicant;
,-1 Shall select only medically and technically
qualified recruits<

,.1 Shall assume full and complete responsibility for
all claims and liabilities which may arise in
connection with the use of license<

,41 Shall assume joint and solidary liability with the
employer for all claims and liabilities which may
arise in connection with the implementation of the
contract, including but not limited to payment of
wages, death and disability compensation and
repatriation<

,01 Shall guarantee compliance with the e*isting
labor and social legislations of the 5hilippines and
of the country of employment of recruited wor)ers<
and

,/1 Shall assume full and complete responsibility for
all acts of its officials, employees and
representatives done in connection with recruitment
and placement<
e. Jurisdiction
") (TC o,er Criminal Action arisin! &rom 'lle!al
(ecruitment, (A 9o. $<C4, Sec. #
S#C. 8. D#+B#. - A criminal action arising from illegal
recruitment as defined herein shall be filed with the
egional Trial Court of the province or city where the
offense was committed or where the offended party
actually resides at the same time of the commission
of the offense; 5rovided, That the court where the
criminal action is first filed shall acquire jurisdiction to
the e*clusion of other courts. 5rovided, however, That
the aforestated provisions shall also apply to those
criminal actions that have already been filed in court
at the time of the effectivity of this Act.
4) LA o,er Fone/ Claims, (A $<C4, Sec. "<
S#C. -7. ='+#I C"A!=S. -
&otwithstanding any provision of law to the
contrary, the "abor Arbiters of the +ational
"abor elations Commission ,+"C1 shall
have the priginal and e*clusive jurisdiction to
hear and decide, within ninety ,871 calendar
days after filing of the complaint, the claims
arising out of an employer-employee
relationship or by virtue of any law or
contract involving Cilipino wor)ers for
overseas deployment including claims for
actual, moral, e*emplary and other forms of
damages.
The liability of the
principalHemployer and the
recruitmentHplacement agency for any and all
claims under this section shall be joint and
several. This provisions shall be
incorporated in the contract for overseas
employment and shall be a condition
precedent for its approval. The performance
bond to be filed by the
recruitmentHplacement agency, as provided
by law, shall be answerable for all money
claims or damages that may be awarded to
the wor)ers. !f the recruitmentHplacement
agency is a juridical being, the corporate
officers and directors and partners as the
case may be, shall themselves be jointly and
solidarily liable with the corporation or
5uman E Labor ' E Pro&. Battad E Pa!e 4%
LAB+( LA2 " (E:'E2E(
partnership for the aforesaid claims and
damages.
Such liabilities shall continue
during the entire period or duration of the
employment contract and shall not be
affected by any substitution, amendment or
modification made locally or in a foreign
country of the said contract.
Any compromiseHamicable
settlement or voluntary agreement on money
claims inclusive of damages under this
section shall be paid within four ,01 months
from the approval of the settlement by the
appropriate authority.
!n case of termination of overseas
employment without just, valid or authori(ed
cause as defined by law or contract, the
wor)ers shall be entitled to the full
reimbursement of his placement fee with
interest of twelve percent ,-.K1 per annum,
plus his salaries for the une*pired portion of
his employment contract or for three ,41
months for every year of the une*pired term,
whichever is less.
+on-compliance with the
mandatory periods for resolutions of cases
provided under this section shall subject the
responsible officials to any or all of the
following penalties;
,a1 The salary of any such official
who fails to render his decision or resolutions
within the prescribed period shall be, or
caused to be, withheld until the said official
complies therewith<
,b1 Suspension for not more than
ninety ,871 days< or
,c1 2ismissal from the service with
disqualifications to hold any appointive public
office for five ,/1 years.
5rovided, however, that the
penalties herein provided shall be without
prejudice to any liability which any such
official may have incurred under other
e*isting laws or rules and regulations as a
consequence of violating the provisions of
this paragraph.
?) P+EA o,er Administrati,e Cases
a) Pre-emlo/ment Cases, +mnibus rules 'ml.
(A 9o. $<C4, Sec. 4$ (a)
Sec. 28. C/ri&3iction o' t0e #!EA. % T0e
#!EA &0477 e;erci&e ori9in47 4n3
e;c7/&i.e </ri&3iction to 0e4r 4n3 3eci3e:
(4) 477 c4&e&, 20ic0 4re 436ini&tr4ti.e in
c04r4cter, in.o7.in9 or 4ri&in9 o/t o' .io74tion& o'
r/7e& 4n3 re9/74tion& re74tin9 to 7icen&in9 4n3
re9i&tr4tion o' recr/it6ent 4n3 e617o-6ent
49encie& or entitie&> 4n3
b) 5iscilinar/ Cases, Sec. 4$ (b)
(5) 3i&ci17in4r- 4ction c4&e& 4n3 ot0er
&1eci47 c4&e&, 20ic0 4re 436ini&tr4ti.e in
c04r4cter, in.o7.in9 e617o-er&,
1rinci147&, contr4ctin9 14rtner& 4n3
*i7i1ino 6i9r4nt 2or8er&.
?. Public Sector
A!encies Q Emlo/ment +Bces, Art. "4 (&)= "C (a)=
Sec. ?, (eor!anizin! P+EA (E+ 9o. 4C%)= P+EA (ules
AT. -.. +tatement of ob,ectives. - !t is the policy of
the State;
f1 To strengthen the networ) of public
employment offices and rationali(e the
participation of the private sector in the
recruitment and placement of wor)ers, locally
and overseas, to serve national development
objectives<
AT. -0. )mployment promotion. - The Secretary of
"abor shall have the power and authority;
,a1 To organi(e and establish new
employment offices in addition to the e*isting
employment offices under the 2epartment of
"abor as the need arises<
#' +o. .06, Sec. 4. Po#ers and 1unctions. * !n the
pursuit of its mandate, the Administration shall have
the following powers and functions;
,a1 egulate private sector participation in
the recruitment and overseas
placement of wor)ers by setting up a
licensing and registration system<

,b1 Cormulate and implement, in
coordination with appropriate entities
concerned, when necessary, a system
for promoting and monitoring the
overseas employment of Cilipino
wor)ers ta)ing into consideration their
welfare and the domestic manpower
requirements<

,c1 5rotect the rights of Cilipino wor)ers
for overseas employment to fair and
equitable recruitment and employment
practices and ensure their welfare<

,d1 #*ercise original and e*clusive
jurisdiction to hear and decide all claims
arising out of an employer-employee
relationship or by virtue of any law or
contract involving Cilipino wor)ers for
overseas employment including the
disciplinary cases< and all pre-
employment cases which are
administrative in character involving or
arising out of violation or requirement
laws, rules and regulations including
money claims arising therefrom, or
violation of the conditions for issuance
of license or authority to recruit wor)ers.

All prohibited recruitment activities and
practices which are penal in character
as enumerated and defined under and
by virtue of e*isting laws, shall be
prosecuted in the regular courts in close
5uman E Labor ' E Pro&. Battad E Pa!e 4$
LAB+( LA2 " (E:'E2E(
coordination with the appropriate
2epartments and agencies concerned<

,e1 =aintain a registry of s)ills for
overseas placement<

,f1 ecruit and place wor)ers to service
the requirements for trained and
competent Cilipino wor)ers by foreign
governments and their instrumentalities
and such other employers as public
interest may require<

,g1 5romote the development of s)ills
and careful selection of Cilipino
wor)ers<

,h1 Bnderta)e overseas mar)et
development activities for placement of
Cilipino wor)ers<

,i1 Secure the best terms and conditions
of employment of Cilipino contract
wor)ers and ensure compliance
therewith<

,j1 5romote and protect the well-being
of Cilipino wor)ers overseas<

,)1 2evelop and implement programs
for the effective monitoring of returning
contract wor)ers, promoting their re-
training and re-employment or their
smooth re-integration into the
mainstream of national economy in
coordination with other government
agencies<

,l1 !nstitute a system for ensuring fair
and speedy disposition of cases
involving violation or recruitment rules
and regulations as well as violation of
terms and conditions of overseas
employment<

,m1 #stablish a system for speedy and
efficient enforcement of decisions laid
down through the e*ercise of its
adjudicatory function<

,n1 #stablish and maintain close
relationship and enter into joint projects
with the 2epartment of Coreign Affairs,
5hilippine Tourism Authority, =anila
!nternational Airport Authority,
2epartment of @ustice, 2epartment of
&udget and =anagement and other
relevant government entities, in the
pursuit of its objectives. The
Administration shall also establish and
maintain joint projects with private
organi(ations, domestic or foreign, in
the furtherance of its objectives.
C. Sanctions, Arts. ?A, ?# (a) (b) (c) (d) (e)= (A
$<C4, Secs. D , %, "<
AT. 4/. +uspension and2or cancellation of
license or authority. - The =inister of "abor
shall have the power to suspend or cancel
any license or authority to recruit employees
for overseas employment for violation of
rules and regulations issued by the =inistry
of "abor, the 'verseas #mployment
2evelopment &oard, or for violation of the
provisions of this and other applicable laws,
:eneral 'rders and "etters of !nstructions.
AT. 48. Penalties. - ,a1 The penalty of life
imprisonment and a fine of 'ne 9undred
Thousand 5esos ,5-777,777.771 shall be
imposed if illegal recruitment constitutes
economic sabotage as defined herein<
,b1 Any licensee or holder of authority found
violating or causing another to violate any
provision of this Title or its implementing
rules and regulations shall, upon conviction
thereof, suffer the penalty of imprisonment of
not less than two years nor more than five
years or a fine of not less than 5-7,777 nor
more than 5/7,777, or both such
imprisonment and fine, at the discretion of
the court<
,c1 Any person who is neither a licensee nor
a holder of authority under this Title found
violating any provision thereof or its
implementing rules and regulations shall,
upon conviction thereof, suffer the penalty of
imprisonment of not less than four years nor
more than eight years or a fine of not less
than 5.7,777 nor more than 5-77,777 or
both such imprisonment and fine, at the
discretion of the court<
,d1 !f the offender is a corporation,
partnership, association or entity, the penalty
shall be imposed upon the officer or officers
of the corporation, partnership, association
or entity responsible for violation< and if such
officer is an alien, he shall, in addition to the
penalties herein prescribed, be deported
without further proceedings<
,e1 !n every case, conviction shall cause and
carry the automatic revocation of the license
or authority and all the permits and privileges
granted to such person or entity under this
Title, and the forfeiture of the cash and
surety bonds in favor of the 'verseas
#mployment 2evelopment &oard or the
+ational Seamen &oard, as the case may
be, both of which are authori(ed to use the
same e*clusively to promote their objectives.
a. Local Emlo/ment, Art. ?#
(SEE AB+:E)
b. +,erseas Emlo/ment, Art. ?A= (A
$<C4, Sec. %
(SEE AB+:E M+( A(T. ?A)
Sec. 3. 2#C!+!T!'+S. - Cor purposes of this Act,
illegal recruitment shall mean any act of canvassing,
5uman E Labor ' E Pro&. Battad E Pa!e 4#
LAB+( LA2 " (E:'E2E(
enlisting, contracting, transporting, utili(ing, hiring,
procuring wor)ers and includes referring, contact
services, promising or advertising for employment
abroad, whether for profit or not, when underta)en by
a non-license or non-holder of authority contemplated
under Article -4,f1 of 5residential 2ecree +o. 00., as
amended, otherwise )nown as the "abor Code of the
5hilippines. 5rovided, that such non-license or non-
holder, who, in any manner, offers or promises for a
fee employment abroad to two or more persons shall
be deemed so engaged. !t shall li)ewise include the
following acts, whether committed by any persons,
whether a non-licensee, non-holder, licensee or
holder of authority.
,a1 To charge or accept directly or indirectly any
amount greater than the specified in the schedule of
allowable fees prescribed by the Secretary of "abor
and #mployment, or to ma)e a wor)er pay any
amount greater than that actually received by him as
a loan or advance<
,b1 To furnish or publish any false notice or
information or document in relation to recruitment or
employment<
,c1 To give any false notice, testimony, information or
document or commit any act of misrepresentation for
the purpose of securing a license or authority under
the "abor Code<
,d1 To induce or attempt to induce a wor)er already
employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a
wor)er from oppressive terms and conditions of
employment<
,e1 To influence or attempt to influence any persons or
entity not to employ any wor)er who has not applied
for employment through his agency<
,f1 To engage in the recruitment of placement of
wor)ers in jobs harmful to public health or morality or
to dignity of the epublic of the 5hilippines<
,g1 To obstruct or attempt to obstruct inspection by the
Secretary of "abor and #mployment or by his duly
authori(ed representative<
,h1 To fail to submit reports on the status of
employment, placement vacancies, remittances of
foreign e*change earnings, separations from jobs,
departures and such other matters or information as
may be required by the Secretary of "abor and
#mployment<
,i1 To substitute or alter to the prejudice of the wor)er,
employment contracts approved and verified by the
2epartment of "abor and #mployment from the time
of actual signing thereof by the parties up to and
including the period of the e*piration of the same
without the approval of the 2epartment of "abor and
#mployment<
,j1 Cor an officer or agent of a recruitment or
placement agency to become an officer or member of
the &oard of any corporation engaged in travel
agency or to be engaged directly on indirectly in the
management of a travel agency<
,)1 To withhold or deny travel documents from
applicant wor)ers before departure for monetary or
financial considerations other than those authori(ed
under the "abor Code and its implementing rules and
regulations<
,l1 Cailure to actually deploy without valid reasons as
determined by the 2epartment of "abor and
#mployment< and
,m1 Cailure to reimburse e*penses incurred by the
wor)ers in connection with his documentation and
processing for purposes of deployment, in cases
where the deployment does not actually ta)e place
without the wor)erJs fault. !llegal recruitment when
committed by a syndicate or in large scale shall be
considered as offense involving economic sabotage.
!llegal recruitment is deemed committed by a
syndicate carried out by a group of three ,41 or more
persons conspiring or confederating with one another.
!t is deemed committed in large scale if committed
against three ,41 or more persons individually or as a
group.
The persons criminally liable for the above offenses
are the principals, accomplices and accessories. !n
case of juridical persons, the officers having control,
management or direction of their business shall be
liable.
S#C. 6. 5#+A"T!#S -
,a1 Any person found guilty of illegal recruitment shall
suffer the penalty of imprisonment of not less than si*
,31 years and one ,-1 day but not more than twelve
,-.1 years and a fine not less than two hundred
thousand pesos ,5.77,777.771 nor more than five
hundred thousand pesos ,5/77,777.771.
,b1 The penalty of life imprisonment and a fine of not
less than five hundred thousand pesos ,5/77,777.771
nor more than one million pesos ,5-,777,777.771
shall be imposed if illegal recruitment constitutes
economic sabotage as defined herein.
5rovided, however, that the ma*imum penalty shall
be imposed if the person illegally recruited is less than
eighteen ,->1 years of age or committed by a non-
licensee or non-holder of authority.
S#C. -7. ='+#I C"A!=S. - +otwithstanding any
provision of law to the contrary, the "abor Arbiters of
the +ational "abor elations Commission ,+"C1
shall have the priginal and e*clusive jurisdiction to
hear and decide, within ninety ,871 calendar days
after filing of the complaint, the claims arising out of
an employer-employee relationship or by virtue of any
law or contract involving Cilipino wor)ers for overseas
deployment including claims for actual, moral,
e*emplary and other forms of damages.
The liability of the principalHemployer and
the recruitmentHplacement agency for any and all
claims under this section shall be joint and several.
This provisions shall be incorporated in the contract
for overseas employment and shall be a condition
precedent for its approval. The performance bond to
be filed by the recruitmentHplacement agency, as
provided by law, shall be answerable for all money
claims or damages that may be awarded to the
wor)ers. !f the recruitmentHplacement agency is a
juridical being, the corporate officers and directors
and partners as the case may be, shall themselves be
jointly and solidarily liable with the corporation or
partnership for the aforesaid claims and damages.
5uman E Labor ' E Pro&. Battad E Pa!e ?<
LAB+( LA2 " (E:'E2E(
Such liabilities shall continue during the
entire period or duration of the employment contract
and shall not be affected by any substitution,
amendment or modification made locally or in a
foreign country of the said contract.
Any compromiseHamicable settlement or
voluntary agreement on money claims inclusive of
damages under this section shall be paid within four
,01 months from the approval of the settlement by the
appropriate authority.
!n case of termination of overseas
employment without just, valid or authori(ed cause as
defined by law or contract, the wor)ers shall be
entitled to the full reimbursement of his placement fee
with interest of twelve percent ,-.K1 per annum, plus
his salaries for the une*pired portion of his
employment contract or for three ,41 months for every
year of the une*pired term, whichever is less.
+on-compliance with the mandatory periods
for resolutions of cases provided under this section
shall subject the responsible officials to any or all of
the following penalties;
,a1 The salary of any such official who fails
to render his decision or resolutions within the
prescribed period shall be, or caused to be, withheld
until the said official complies therewith<
,b1 Suspension for not more than ninety
,871 days< or
,c1 2ismissal from the service with
disqualifications to hold any appointive public office
for five ,/1 years.
5rovided, however, that the penalties herein
provided shall be without prejudice to any liability
which any such official may have incurred under other
e*isting laws or rules and regulations as a
consequence of violating the provisions of this
paragraph.
A. 'ssues and Puestions on +,erseas
Emlo/ment
(eadin!s8
Soriano, Fa. Teresa F.,
Implications of International Migration, A
Focus on the Philippine Experience , PL(, :ol 4<. 9o. 4
("##D)
Uin!, Amelia F., Social and
Economic Benefts and Costs , PL(, :ol. #, 9o. "
("#$A).
Licuanan, Patricia B. atas ng
Saudi, a closer loo1. PL( :ol. #, 9o. " ("#$A).
D. TraBc1in! in Persons, (A #4<$ and (ules and
(e!ulations 'mlementin! (A #4<$
Re1/57ic o' t0e #0i7i11ine&
Con9re&& o' t0e #0i7i11ine&
=etro =anila
T2e7't0 Con9re&&
Secon3 Re9/74r Se&&ion
&egun held in =etro =anila on =onday, the
twenty-second day of @uly, two thousand two
Re1/57ic Act No. 9208 $4- 26, 2003
AN ACT T! INSTIT"TE #!(ICIES T!
E(I$INATE TRA**ICEIN) IN #ERS!NS
ES#ECIA((D A!$EN AN C+I(REN,
ESTA,(IS+IN) T+E NECESSARD
INSTIT"TI!NA( $EC+ANIS$S *!R T+E
#R!TECTI!N AN S"##!RT !*
TRA**ICEE #ERS!NS, #R!@IIN)
#ENA(TIES *!R ITS @I!(ATI!NS, AN *!R
!T+ER
.e it enacted by the +enate and the 5ouse of
Representatives of the Philippines in Congress
assembled;
Section 1. Title. This Act shall be )nown as the
FAnti%Tr4''ic8in9 in #er&on& Act o' 2003F.
Section 2. Declaration of Policy. !t is hereby
declared that the State values the dignity of
every human person and guarantees the respect
of individual rights. !n pursuit of this policy, the
State shall give highest priority to the enactment
of measures and development of programs that
will promote human dignity, protect the people
from any threat of violence and e*ploitation,
eliminate traffic)ing in persons, and mitigate
pressures for involuntary migration and
servitude of persons, not only to support
traffic)ed persons but more importantly, to
ensure their recovery, rehabilitation and
reintegration into the mainstream of society.
5uman E Labor ' E Pro&. Battad E Pa!e ?"
LAB+( LA2 " (E:'E2E(
!t shall be a State policy to recogni(e the equal
rights and inherent human dignity of women and
men as enshrined in the Bnited +ations
Bniversal 2eclaration on 9uman ights, Bnited
+ations Convention on the ights of the Child,
Bnited +ations Convention on the 5rotection of
=igrant Aor)ers and their Camilies. Bnited
+ations Convention Against Transnational
'rgani(ed Crime !ncluding its 5rotocol to
5revent, Suppress and 5unish Traffic)ing in
5ersons, #specially Aomen and Children and
all other relevant and universally accepted
human rights instruments and other international
conventions to which the 5hilippines is a
signatory.
Section 3. Definition of Terms. - As used in this
Act;
,a1 Traffic-ing in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or
without the victimJs consent or
)nowledge, within or across national
borders by means of threat or use of
force, or other forms of coercion,
abduction, fraud, deception, abuse of
power or of position, ta)ing advantage
of the vulnerability of the person, or, the
giving or receiving of payments or
benefits to achieve the consent of a
person having control over another
person for the purpose of e*ploitation
which includes at a minimum, the
e*ploitation or the prostitution of others
or other forms of se*ual e*ploitation,
forced labor or services, slavery,
servitude or the removal or sale of
organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the
purpose of e*ploitation shall also be
considered as Mtraffic)ing in personsM
even if it does not involve any of the
means set forth in the preceding
paragraph.
,b1 Child - refers to a person below
eighteen ,->1 years of age or one who is
over eighteen ,->1 but is unable to fully
ta)e care of or protect himselfHherself
from abuse, neglect, cruelty,
e*ploitation, or discrimination because
of a physical or mental disability or
condition.
,c1 Prostitution - refers to any act,
transaction, scheme or design involving
the use of a person by another, for
se*ual intercourse or lascivious conduct
in e*change for money, profit or any
other consideration.
,d1 1orced Labor and +lavery - refer to
the e*traction of wor) or services from
any person by means of enticement,
violence, intimidation or threat, use of
force or coercion, including deprivation
of freedom, abuse of authority or moral
ascendancy, debt-bondage or
deception.
,e1 +e4 Tourism - refers to a program
organi(ed by travel and tourism-related
establishments and individuals which
consists of tourism pac)ages or
activities, utili(ing and offering escort
and se*ual services as enticement for
tourists. This includes se*ual services
and practices offered during rest and
recreation periods for members of the
military.
,f1 +e4ual )4ploitation - refers to
participation by a person in prostitution
or the production of pornographic
materials as a result of being subjected
to a threat, deception, coercion,
abduction, force, abuse of authority,
debt bondage, fraud or through abuse of
a victimJs vulnerability.
,g1 Debt .ondage - refers to the
pledging by the debtor of hisHher
personal services or labor or those of a
person under hisHher control as security
or payment for a debt, when the length
and nature of services is not clearly
defined or when the value of the
services as reasonably assessed is not
applied toward the liquidation of the
debt.
,h1 Pornography - refers to any
representation, through publication,
e*hibition, cinematography, indecent
shows, information technology, or by
whatever means, of a person engaged
in real or simulated e*plicit se*ual
activities or any representation of the
se*ual parts of a person for primarily
se*ual purposes.
,i1 Council - shall mean the !nter-Agency
Council Against Traffic)ing created
under Section .7 of this Act.
Section 4. Acts of Traffic-ing in Persons. - !t
shall be unlawful for any person, natural or
juridical, to commit any of the following acts;
5uman E Labor ' E Pro&. Battad E Pa!e ?4
LAB+( LA2 " (E:'E2E(
,a1 To recruit, transport, transfer< harbor,
provide, or receive a person by any
means, including those done under the
prete*t of domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, se*ual
e*ploitation, forced labor, slavery,
involuntary servitude or debt bondage<
,b1 To introduce or match for money,
profit, or material, economic or other
consideration, any person or, as
provided for under epublic Act +o.
38//, any Cilipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or
trading himHher to engage in prostitution,
pornography, se*ual e*ploitation, forced
labor, slavery, involuntary servitude or
debt bondage<
,c1 To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
se*ual e*ploitation, forced labor or
slavery, involuntary servitude or debt
bondage<
,d1 To underta)e or organi(e tours and
travel plans consisting of tourism
pac)ages or activities for the purpose of
utili(ing and offering persons for
prostitution, pornography or se*ual
e*ploitation<
,e1 To maintain or hire a person to
engage in prostitution or pornography<
,f1 To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, se*ual e*ploitation, forced
labor, slavery, involuntary servitude or
debt bondage<
,g1 To recruit, hire, adopt, transport or
abduct a person, by means of threat or
use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose
of removal or sale of organs of said
person< and
,h1 To recruit, transport or adopt a child
to engage in armed activities in the
5hilippines or abroad.
Section 5. Acts that Promote Traffic-ing in
Persons. - The following acts which promote or
facilitate traffic)ing in persons, shall be unlawful;
,a1 To )nowingly lease or sublease, use
or allow to be used any house, building
or establishment for the purpose of
promoting traffic)ing in persons<
,b1 To produce, print and issue or
distribute unissued, tampered or fa)e
counseling certificates, registration
stic)ers and certificates of any
government agency which issues these
certificates and stic)ers as proof of
compliance with government regulatory
and pre-departure requirements for the
purpose of promoting traffic)ing in
persons<
,c1 To advertise, publish, print, broadcast
or distribute, or cause the
advertisement, publication, printing,
broadcasting or distribution by any
means, including the use of information
technology and the internet, of any
brochure, flyer, or any propaganda
material that promotes traffic)ing in
persons<
,d1 To assist in the conduct of
misrepresentation or fraud for purposes
of facilitating the acquisition of
clearances and necessary e*it
documents from government agencies
that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting traffic)ing in persons<
,e1 To facilitate, assist or help in the e*it
and entry of persons fromHto the country
at international and local airports,
territorial boundaries and seaports who
are in possession of unissued, tampered
or fraudulent travel documents for the
purpose of promoting traffic)ing in
persons<
,f1 To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of traffic)ed
persons in furtherance of traffic)ing or to
prevent them from leaving the country or
see)ing redress from the government or
appropriate agencies< and
,g1 To )nowingly benefit from, financial
or otherwise, or ma)e use of, the labor
or services of a person held to a
condition of involuntary servitude, forced
labor, or slavery.
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LAB+( LA2 " (E:'E2E(
Section 6. 6ualified Traffic-ing in Persons. -
The following are considered as qualified
traffic)ing;
,a1 Ahen the traffic)ed person is a child<
,b1 Ahen the adoption is effected
through epublic Act +o. >704,
otherwise )nown as the M!nter-Country
Adoption Act of -88/M and said adoption
is for the purpose of prostitution,
pornography, se*ual e*ploitation, forced
labor, slavery, involuntary servitude or
debt bondage<
,c1 Ahen the crime is committed by a
syndicate, or in large scale. Traffic)ing is
deemed committed by a syndicate if
carried out by a group of three ,41 or
more persons conspiring or
confederating with one another. !t is
deemed committed in large scale if
committed against three ,41 or more
persons, individually or as a group<
,d1 Ahen the offender is an ascendant,
parent, sibling, guardian or a person
who e*ercises authority over the
traffic)ed person or when the offense is
committed by a public officer or
employee<
,e1 Ahen the traffic)ed person is
recruited to engage in prostitution with
any member of the military or law
enforcement agencies<
,f1 Ahen the offender is a member of the
military or law enforcement agencies<
and
,g1 Ahen by reason or on occasion of
the act of traffic)ing in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
9uman !mmunodeficiency Dirus ,9!D1 or
the Acquired !mmune 2eficiency
Syndrome ,A!2S1.
Section 6. Confidentiality. - At any stage of the
investigation, prosecution and trial of an offense
under this Act, law enforcement officers,
prosecutors, judges, court personnel and
medical practitioners, as well as parties to the
case, shall recogni(e the right to privacy of the
traffic)ed person and the accused. Towards this
end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred
may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all
circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or
trial. The name and personal circumstances of
the traffic)ed person or of the accused, or any
other information tending to establish their
identities and such circumstances or information
shall not be disclosed to the public.
!n cases when prosecution or trial is conducted
behind closed-doors, it shall be unlawful for any
editor, publisher, and reporter or columnist in
case of printed materials, announcer or producer
in case of television and radio, producer and
director of a film in case of the movie industry, or
any person utili(ing tri-media facilities or
information technology to cause publicity of any
case of traffic)ing in persons.
Section 8. Prosecution of Cases. - Any person
who has personal )nowledge of the commission
of any offense under this Act, the traffic)ed
person, the parents, spouse, siblings, children or
legal guardian may file a complaint for
traffic)ing.
Section 9. "enue. - A criminal action arising
from violation of this Act shall be filed where the
offense was committed, or where any of its
elements occurred, or where the traffic)ed
person actually resides at the time of the
commission of the offense; Provided, That the
court where the criminal action is first filed shall
acquire jurisdiction to the e*clusion of other
courts.
Section 10. Penalties and +anctions. - The
following penalties and sanctions are hereby
established for the offenses enumerated in this
Act;
,a1 Any person found guilty of
committing any of the acts enumerated
in Section 0 shall suffer the penalty of
imprisonment of twenty ,.71 years and a
fine of not less than 'ne million pesos
,5-,777,777.771 but not more than Two
million pesos ,5.,777,777.771<
,b1 Any person found guilty of
committing any of the acts enumerated
in Section / shall suffer the penalty of
imprisonment of fifteen ,-/1 years and a
fine of not less than Cive hundred
thousand pesos ,5/77,777.771 but not
more than 'ne million pesos
,5-,777,777.771<
,c1 Any person found guilty of qualified
traffic)ing under Section 3 shall suffer
the penalty of life imprisonment and a
fine of not less than Two million pesos
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,5.,777,777.771 but not more than Cive
million pesos ,5/,777,777.771<
,d1 Any person who violates Section 6
hereof shall suffer the penalty of
imprisonment of si* ,31 years and a fine
of not less than Cive hundred thousand
pesos ,5/77,777.771 but not more than
'ne million pesos ,5-,777,777.771<
,e1 !f the offender is a corporation,
partnership, association, club,
establishment or any juridical person,
the penalty shall be imposed upon the
owner, president, partner, manager,
andHor any responsible officer who
participated in the commission of the
crime or who shall have )nowingly
permitted or failed to prevent its
commission<
,f1 The registration with the Securities
and #*change Commission ,S#C1 and
license to operate of the erring agency,
corporation, association, religious group,
tour or travel agent, club or
establishment, or any place of
entertainment shall be cancelled and
revo)ed permanently. The owner,
president, partner or manager thereof
shall not be allowed to operate similar
establishments in a different name<
,g1 !f the offender is a foreigner, he shall
be immediately deported after serving
his sentence and be barred permanently
from entering the country<
,h1 Any employee or official of
government agencies who shall issue or
approve the issuance of travel e*it
clearances, passports, registration
certificates, counseling certificates,
marriage license, and other similar
documents to persons, whether juridical
or natural, recruitment agencies,
establishments or other individuals or
groups, who fail to observe the
prescribed procedures and the
requirement as provided for by laws,
rules and regulations, shall be held
administratively liable, without prejudice
to criminal liability under this Act. The
concerned government official or
employee shall, upon conviction, be
dismissed from the service and be
barred permanently to hold public office.
9isHher retirement and other benefits
shall li)ewise be forfeited< and
,i1 Conviction by final judgment of the
adopter for any offense under this Act
shall result in the immediate rescission
of the decree of adoption.
Section 11. 3se of Traffic-ed Persons. - Any
person who buys or engages the services of
traffic)ed persons for prostitution shall be
penali(ed as follows;
,a1 Cirst offense - si* ,31 months of
community service as may be
determined by the court and a fine of
Cifty thousand pesos ,5/7,777.771< and
,b1 Second and subsequent offenses -
imprisonment of one ,-1 year and a fine
of 'ne hundred thousand pesos
,5-77,777.771.
Section 12. Prescriptive Period. - Traffic)ing
cases under this Act shall prescribe in ten ,-71
years; Provided$ ho#ever$ That traffic)ing cases
committed by a syndicate or in a large scale as
defined under Section 3 shall prescribe in twenty
,.71 years.
The prescriptive period shall commence to run
from the day on which the traffic)ed person is
delivered or released from the conditions of
bondage and shall be interrupted by the filing of
the complaint or information and shall
commence to run again when such proceedings
terminate without the accused being convicted
or acquitted or are unjustifiably stopped for any
reason not imputable to the accused.
Section 13. )4emption from 1iling 1ees. - Ahen
the traffic)ed person institutes a separate civil
action for the recovery of civil damages, heHshe
shall be e*empt from the payment of filing fees.
Section 14. Confiscation and 1orfeiture of the
Proceeds and (nstruments Derived from
Traffic-ing in Persons. - !n addition to the
penalty imposed for the violation of this Act, the
court shall order the confiscation and forfeiture,
in favor of the government, of all the proceeds
and properties derived from the commission of
the crime, unless they are the property of a third
person not liable for the unlawful act< Provided$
ho#ever$ That all awards for damages shall be
ta)en from the personal and separate properties
of the offender< Provided$ further$ That if such
properties are insufficient, the balance shall be
ta)en from the confiscated and forfeited
properties.
Ahen the proceeds, properties and instruments
of the offense have been destroyed, diminished
in value or otherwise rendered worthless by any
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act or omission, directly or indirectly, of the
offender, or it has been concealed, removed,
converted or transferred to prevent the same
from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to
pay the amount equal to the value of the
proceeds, property or instruments of the offense.
Section 15. Trust 1und. - All fines imposed
under this Act and the proceeds and properties
forfeited and confiscated pursuant to Section -0
hereof shall accrue to a Trust Cund to be
administered and managed by the Council to be
used e*clusively for programs that will prevent
acts of traffic)ing and protect, rehabilitate,
reintegrate traffic)ed persons into the
mainstream of society. Such programs shall
include, but not limited to, the following;
,a1 5rovision for mandatory services set
forth in Section .4 of this Act<
,b1 Sponsorship of a national research
program on traffic)ing and
establishment of a data collection
system for monitoring and evaluation
purposes<
,c1 5rovision of necessary technical and
material support services to appropriate
government agencies and non-
government organi(ations ,+:'s1<
,d1 Sponsorship of conferences and
seminars to provide venue for
consensus building amongst the public,
the academe, government, +:'s and
international organi(ations< and
,e1 5romotion of information and
education campaign on traffic)ing.
Section 16. Programs that Address Traffic-ing
in Persons. - The government shall establish
and implement preventive, protective and
rehabilitative programs for traffic)ed persons.
Cor this purpose, the following agencies are
hereby mandated to implement the following
programs<
,a1 2epartment of Coreign Affairs ,2CA1
- shall ma)e available its resources and
facilities overseas for traffic)ed persons
regardless of their manner of entry to
the receiving country, and e*plore
means to further enhance its assistance
in eliminating traffic)ing activities
through closer networ)ing with
government agencies in the country and
overseas, particularly in the formulation
of policies and implementation of
relevant programs.
The 2CA shall ta)e necessary measures
for the efficient implementation of the
=achine eadable 5assports to protect
the integrity of 5hilippine passports,
visas and other travel documents to
reduce the incidence of traffic)ing
through the use of fraudulent
identification documents.
!t shall establish and implement a pre-
marriage, on-site and pre-departure
counseling program on intermarriages.
,b1 2epartment of Social Aelfare and
2evelopment ,2SA21 - shall implement
rehabilitative and protective programs
for traffic)ed persons. !t shall provide
counseling and temporary shelter to
traffic)ed persons and develop a system
for accreditation among +:'s for
purposes of establishing centers and
programs for intervention in various
levels of the community.
,c1 2epartment of "abor and
#mployment ,2'"#1 - shall ensure the
strict implementation and compliance
with the rules and guidelines relative to
the employment of persons locally and
overseas. !t shall li)ewise monitor,
document and report cases of traffic)ing
in persons involving employers and
labor recruiters.
,d1 2epartment of @ustice ,2'@1 - shall
ensure the prosecution of persons
accused of traffic)ing and designate and
train special prosecutors who shall
handle and prosecute cases of
traffic)ing. !t shall also establish a
mechanism for free legal assistance for
traffic)ed persons, in coordination with
the 2SA2, !ntegrated &ar of the
5hilippines ,!&51 and other +:'s and
volunteer groups.
,e1 +ational Commission on the ole of
Cilipino Aomen ,+CCA1 - shall
actively participate and coordinate in the
formulation and monitoring of policies
addressing the issue of traffic)ing in
persons in coordination with relevant
government agencies. !t shall li)ewise
advocate for the inclusion of the issue of
traffic)ing in persons in both its local and
international advocacy for womenJs
issues.
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,f1 &ureau of !mmigration ,&!1 - shall
strictly administer and enforce
immigration and alien administration
laws. !t shall adopt measures for the
apprehension of suspected traffic)ers
both at the place of arrival and
departure and shall ensure compliance
by the Cilipino fiancNsHfiancNes and
spouses of foreign nationals with the
guidance and counseling requirement
as provided for in this Act.
,g1 5hilippine +ational 5olice ,5+51 -
shall be the primary law enforcement
agency to underta)e surveillance,
investigation and arrest of individuals or
persons suspected to be engaged in
traffic)ing. !t shall closely coordinate
with various law enforcement agencies
to secure concerted efforts for effective
investigation and apprehension of
suspected traffic)ers. !t shall also
establish a system to receive complaints
and calls to assist traffic)ed persons and
conduct rescue operations.
,h1 5hilippine 'verseas #mployment
Administration ,5'#A1 - shall implement
an effective pre-employment orientation
seminars and pre-departure counseling
programs to applicants for overseas
employment. !t shall li)ewise formulate a
system of providing free legal
assistance to traffic)ed persons.
,i1 2epartment of the !nterior and "ocal
:overnment ,2!":1 - shall institute a
systematic information and prevention
campaign and li)ewise maintain a
databan) for the effective monitoring,
documentation and prosecution of cases
on traffic)ing in persons.
,j1 "ocal government units ,":Bs1 - shall
monitor and document cases of
traffic)ing in persons in their areas of
jurisdiction, effect the cancellation of
licenses of establishments which violate
the provisions of this Act and ensure
effective prosecution of such cases.
They shall also underta)e an
information campaign against traffic)ing
in persons through the establishment of
the =igrants Advisory and !nformation
+etwor) ,=A!+1 des)s in municipalities
or provinces in coordination with 2!":,
5hilippine !nformation Agency ,5!A1,
Commission on Cilipinos 'verseas
,CC'1, +:'s and other concerned
agencies. They shall encourage and
support community based initiatives
which address the traffic)ing in persons.
!n implementing this Act, the agencies
concerned may see) and enlist the
assistance of +:'s, peopleJs
organi(ations ,5os1, civic organi(ations
and other volunteer groups.
Section 17. Legal Protection to Traffic-ed
Persons. - Traffic)ed persons shall be
recogni(ed as victims of the act or acts of
traffic)ing and as such shall not be penali(ed for
crimes directly related to the acts of traffic)ing
enumerated in this Act or in obedience to the
order made by the traffic)er in relation thereto.
!n this regard, the consent of a traffic)ed person
to the intended e*ploitation set forth in this Act
shall be irrelevant.
Section 18. Preferential )ntitlement 3nder the
%itness Protection Program. - Any provision of
epublic Act +o. 38>- to the contrary
notwithstanding, any traffic)ed person shall be
entitled to the witness protection program
provided therein.
Section 19. Traffic-ed Persons %ho are
1oreign Nationals. - Subject to the guidelines
issued by the Council, traffic)ed persons in the
5hilippines who are nationals of a foreign
country shall also be entitled to appropriate
protection, assistance and services available to
traffic)ed persons under this Act; Provided, That
they shall be permitted continued presence in
the 5hilippines for a length of time prescribed by
the Council as necessary to effect the
prosecution of offenders.
Section 20. (nter*Agency Council Against
Traffic-ing. - There is hereby established an
!nter-Agency Council Against Traffic)ing, to be
composed of the Secretary of the 2epartment of
@ustice as Chairperson and the Secretary of the
2epartment of Social Aelfare and 2evelopment
as Co-Chairperson and shall have the following
as members;
,a1 Secretary, 2epartment of Coreign
Affairs<
,b1 Secretary, 2epartment of "abor and
#mployment<
,c1 Administrator, 5hilippine 'verseas
#mployment Administration<
,d1 Commissioner, &ureau of
!mmigration<
,e1 2irector-:eneral, 5hilippine +ational
5olice<
5uman E Labor ' E Pro&. Battad E Pa!e ?%
LAB+( LA2 " (E:'E2E(
,f1 Chairperson, +ational Commission
on the ole of Cilipino Aomen< and
,g1 Three ,41 representatives from
+:'s, who shall be composed of one
,-1 representative each from among the
sectors representing women, overseas
Cilipino wor)ers ,'CAs1 and children,
with a proven record of involvement in
the prevention and suppression of
traffic)ing in persons. These
representatives shall be nominated by
the government agency representatives
of the Council, for appointment by the
5resident for a term of three ,41 years.
The members of the Council may
designate their permanent
representatives who shall have a ran)
not lower than an assistant secretary or
its equivalent to meetings, and shall
receive emoluments as may be
determined by the Council in
accordance with e*isting budget and
accounting, rules and regulations.
Section 21. 1unctions of the Council. - The
Council shall have the following powers and
functions;
,a1 Cormulate a comprehensive and
integrated program to prevent and
suppress the traffic)ing in persons<
,b1 5romulgate rules and regulations as
may be necessary for the effective
implementation of this Act<
,c1 =onitor and oversee the strict
implementation of this Act<
,d1 Coordinate the programs and
projects of the various member
agencies to effectively address the
issues and problems attendant to
traffic)ing in persons<
,e1 Coordinate the conduct of massive
information dissemination and campaign
on the e*istence of the law and the
various issues and problems attendant
to traffic)ing through the ":Bs,
concerned agencies, and +:'s<
,f1 2irect other agencies to immediately
respond to the problems brought to their
attention and report to the Council on
action ta)en<
,g1 Assist in filing of cases against
individuals, agencies, institutions or
establishments that violate the
provisions of this Act<
,h1 Cormulate a program for the
reintegration of traffic)ed persons in
cooperation with 2'"#, 2SA2,
Technical #ducation and S)ills
2evelopment Authority ,T#S2A1,
Commission on 9igher #ducation
,C9#21, ":Bs and +:'s<
,i1 Secure from any department, bureau,
office, agency, or instrumentality of the
government or from +:'s and other
civic organi(ations such assistance as
may be needed to effectively implement
this Act<
,j1 Complement the shared government
information system for migration
established under epublic Act +o.
>70., otherwise )nown as the M=igrant
Aor)ers and 'verseas Cilipinos Act of
-88/M with data on cases of traffic)ing in
persons, and ensure that the proper
agencies conduct a continuing research
and study on the patterns and scheme
of traffic)ing in persons which shall form
the basis for policy formulation and
program direction<
,)1 2evelop the mechanism to ensure
the timely, coordinated, and effective
response to cases of traffic)ing in
persons<
,l1 ecommend measures to enhance
cooperative efforts and mutual
assistance among foreign countries
through bilateral andHor multilateral
arrangements to prevent and suppress
international traffic)ing in persons<
,m1 Coordinate with the 2epartment of
Transportation and Communications
,2'TC1, 2epartment of Trade and
!ndustry ,2T!1, and other +:'s in
monitoring the promotion of
advertisement of traffic)ing in the
internet<
,n1 Adopt measures and policies to
protect the rights and needs of traffic)ed
persons who are foreign nationals in the
5hilippines<
,o1 !nitiate training programs in
identifying and providing the necessary
intervention or assistance to traffic)ed
persons< and
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,p1 #*ercise all the powers and perform
such other functions necessary to attain
the purposes and objectives of this Act.
Section 22. +ecretariat to the Council. - The
2epartment of @ustice shall establish the
necessary Secretariat for the Council.
Section 23. 'andatory +ervices to Traffic-ed
Persons. - To ensure recovery, rehabilitation and
reintegration into the mainstream of society,
concerned government agencies shall ma)e
available the following services to traffic)ed
persons;
,a1 #mergency shelter or appropriate
housing<
,b1 Counseling<
,c1 Cree legal services which shall
include information about the victimsJ
rights and the procedure for filing
complaints, claiming compensation and
such other legal remedies available to
them, in a language understood by the
traffic)ed person<
,d1 =edical or psychological services<
,e1 "ivelihood and s)ills training< and
,f1 #ducational assistance to a traffic)ed
child.
Sustained supervision and follow through
mechanism that will trac) the progress of
recovery, rehabilitation and reintegration of the
traffic)ed persons shall be adopted and carried
out.
Section 24. &ther +ervices for Traffic-ed
Persons. -
,a1 Legal Assistance. - Traffic)ed
persons shall be considered under the
category M'verseas Cilipino in 2istressM
and may avail of the legal assistance
created by epublic Act +o. >70.,
subject to the guidelines as provided by
law.
,b1 &verseas 1ilipino Resource Centers.
- The services available to overseas
Cilipinos as provided for by epublic Act
+o. >70. shall also be e*tended to
traffic)ed persons regardless of their
immigration status in the host country.
,c1 The Country Team Approach. - The
country team approach under #*ecutive
'rder +o. 60 of -884, shall be the
operational scheme under which
5hilippine embassies abroad shall
provide protection to traffic)ed persons
insofar as the promotion of their welfare,
dignity and fundamental rights are
concerned.
Section 25. Repatriation of Traffic-ed Persons. *
The 2CA, in coordination with 2'"# and other
appropriate agencies, shall have the primary
responsibility for the repatriation of traffic)ed
persons, regardless of whether they are
documented or undocumented.
!f, however, the repatriation of the traffic)ed
persons shall e*pose the victims to greater ris)s,
the 2CA shall ma)e representation with the host
government for the e*tension of appropriate
residency permits and protection, as may be
legally permissible in the host country.
Section 26. )4tradition. * The 2'@, in
consultation with 2CA, shall endeavor to include
offenses of traffic)ing in persons among
e*traditable offenses.
Section 27. Reporting Re0uirements. * The
Council shall submit to the 5resident of the
5hilippines and to Congress an annual report of
the policies, programs and activities relative to
the implementation of this Act.
Section 28. 1unding. * The heads of the
departments and agencies concerned shall
immediately include in their programs and issue
such rules and regulations to implement the
provisions of this Act, the funding of which shall
be included in the annual :eneral
Appropriations Act.
Section 29. (mplementing Rules and
Regulations. * The Council shall promulgate the
necessary implementing rules and regulations
within si*ty ,371 days from the effectivity of this
Act.
Section 30. Non*restriction of 1reedom of
+peech and of Association$ Religion and the
Right to Travel. * +othing in this Act shall be
interpreted as a restriction of the freedom of
speech and of association, religion and the right
to travel for purposes not contrary to law as
guaranteed by the Constitution.
Section 31. +eparability Clause. * !f, for any
reason, any section or provision of this Act is
held unconstitutional or invalid, the other
5uman E Labor ' E Pro&. Battad E Pa!e ?#
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sections or provisions hereof shall not be
affected thereby.
Section 32. Repealing clause. * All laws,
presidential decrees, e*ecutive orders and rules
and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby
repealed or modified accordingly; Provided, That
this Act shall not in any way amend or repeal the
provision of epublic Act +o. 63-7, otherwise
)nown as the MSpecial 5rotection of Children
Against Child Abuse, #*ploitation and
2iscrimination ActM.
Section 33. )ffectivity. * This Act shall ta)e
effect fifteen ,-/1 days from the date of its
complete publication in at least two ,.1
newspapers of general circulation.
R"(ES AN RE)"(ATI!NS
I$#(E$ENTIN) RE#",(IC ACT N!.
9208, !T+ERAISE EN!AN AS T+E
GANTI%TRA**ICEIN) IN #ERS!NS ACT
!* 2003H
5ursuant to the authority of the !nter-Agency
Council Against Traffic)ing ,!ACAT1 under
Section .8 of epublic Act +o. 8.7> otherwise
)nown as the FAnti-Traffic)ing in 5ersons Act of
.774G, the following
rules and regulations are hereby promulgated to
implement the provisions of said Act;
Artic7e I
)ENERA( #R!@ISI!NS
Sec. -. Title. These rules and regulations shall
be )nown and cited as FThe ules and
egulations !mplementing the Anti-Traffic)ing in
5ersons Act of .774G.
Sec. .. urpose. These rules and regulations
are hereby promulgated to institute policies,
establish the institutional mechanism for the
support and protection of traffic)ed persons and
prescribe the procedures and guidelines for the
implementation of epublic Act +o. 8.7> in
order to facilitate compliance therewith and
achieve the objectives thereof.
Sec. 4. Declaration of !tate olicy. The State
values the dignity of every human person and
guarantees the respect for individual rights.
Towards this end, the State shall give the
highest priority to the enactment of measures
and development of programs that will promote
human dignity, protect the people from any
threat of violence and e*ploitation, eliminate
traffic)ing in persons, and mitigate pressures for
involuntary migration and servitude of persons,
not only to support traffic)ed persons but more
importantly, to ensure
their recovery, rehabilitation and reintegration
into the mainstream of society.
The State also recogni(es the equal rights and
inherent human dignity of women and men, as
well as the rights of children, as enshrined and
guaranteed in the following international
instruments;
,i1 Bniversal 2eclaration on 9uman
ights<
,ii1 Convention for the Suppression of
the Traffic in 5ersons and
#*ploitation of the 5rostitution of
'thers<
,iii1 Convention on the #limination of All
Corms of 2iscrimination Against
Aomen<
,iv1 Convention on the ights of the
Child and its'ptional 5rotocols<
,v1 Convention on the 5rotection of
=igrant Aor)ers and =embers of
their Camilies<
,vi1 Convention Against Transnational
'rgani(edCrimes including its
5rotocol to 5revent,Suppress and
5unish Traffic)ing in 5ersons,
#specially Aomen and Children<
,vii1 !"' Convention +o. ->.
,Convention Concerning the
5rohibition and !mmediate Action for
the #limination of the Aorst Corms
of Child "abor1< and
,viii1 All other relevant and universally
accepted human rights instruments
and other international conventions
to which the 5hilippines is a State
5arty. !n all actions concerning
children, their best interests shall be
the paramount consideration.
Sec. 0. Construction. These rules and
regulations shall be liberally construed in favor
of the traffic)ed persons to promote their human
dignity< ensure their recovery, rehabilitation and
reintegration into the mainstream of society<
eliminate traffic)ing in persons< and achieve the
objectives of the Act.
Artic7e II
E*INITI!N !* TER$S
Sec. /. Definition of Terms. As used in these
rules and regulations, unless the conte*t
otherwise requires, the following terms shall be
understood to mean;
,a1 Act E refers to epublic Act +o. 8.7>,
otherwise
)nown as the FAnti-Traffic)ing in 5ersons Act of
.774G<
,b1 Council E refers to the !nter-Agency Council
Against Traffic)ing ,!ACAT1 created under
Section .7 of the Act<
5uman E Labor ' E Pro&. Battad E Pa!e C<
LAB+( LA2 " (E:'E2E(
,c1 Traffic-ing in Persons E refers to the
recruitment, transportation, transfer or harboring,
or receipt of persons, with or without the victim?s
consent or )nowledge, within or across national
borders by means of threat or use of force, or
other forms of coercion, abduction, fraud,
deception, abuse of power or of position, ta)ing
advantage of the vulnerability of the person, or,
the giving or receiving of payments or benefits to
achieve the consent of a person having control
over another person for the purpose of
e*ploitation which includes at a minimum, the
e*ploitation or the prostitution of others or other
forms of se*ual e*ploitation, forced labor or
services, slavery, servitude or the removal or
sale of organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose of
e*ploitation
shall also be considered as Ftraffic)ing in
personsG even if it does not involve any of the
means set forth in the preceding paragraph.
,d1 Child E refers to a person below eighteen
,->1 years of age or one who is over eighteen
,->1 but is unable to fully ta)e care of or protect
himselfHherself from abuse, neglect, cruelty,
e*ploitation, or discrimination because of a
physical or mental disability or condition<
,e1 Prostitution E refers to any act, transaction,
scheme or design involving the use of a person
by another, for se*ual intercourse or lascivious
conduct in e*change for money, profit or any
other consideration<
,f1 1orced Labor and +lavery E refer to the
e*traction of wor) or services from any person
by means of enticement, violence, intimidation
or threat, use of force or coercion, including
deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception<
,g1 +e4 Tourism E refers to a program
organi(ed by travel and tourism-related
establishments and individuals which consists
of tourism pac)ages or activities, utili(ing and
offering escort and se*ual services as
enticement for tourists. This includes se*ual
services and practices offered during rest and
recreation periods for members of the military<
,h1 +e4ual )4ploitation E refers to participation
by a person in prostitution or the production of
pornographic
materials as a result of being subjected to a
threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or
through abuse of a victim?s vulnerability<
,i1 Debt .ondage E refers to the pledging by the
debtor of hisHher personal services or labor or
those of a person under hisHher control as
security or payment for a debt, when the length
and nature of services is not clearly defined or
when the value of the services as reasonably
assessed is not applied toward the liquidation of
the debt<
,j1 Pornography E refers to any representation,
through publication, e*hibition, cinematography,
indecent
shows, information technology, or by whatever
means, of a person engaged in real or simulated
e*plicit se*ual activities or any representation of
the se*ual parts of a person primarily for se*ual
purposes< and
,)1 (nvoluntary +ervitude E refers to a condition
of enforced, compulsory service induced by
means of any scheme, plan or pattern, intended
to cause a person to believe that, if the person
did not enter into or continue in such condition,
that person or another person would suffer
serious harm or other forms of abuse or physical
restraint, or the abuse or threatened abuse of
the legal process.
Artic7e III
T+E INTER%A)ENCD C!"NCI(
A)AINST TRA**ICEIN) (IACAT)
Sec. 3. Creation. The !nter-Agency Council
Against Traffic)ing ,!ACAT1 shall be established
which shall be primarily tas)ed to coordinate,
monitor and oversee the implementation of the
Act.
Sec. 6. Composition. The Council shall be
composed of the following;
,a1 Secretary, 2epartment of @ustice ,2'@1 as
Chairperson<
,b1 Secretary, 2epartment of Social Aelfare and
2evelopment ,2SA21 as Co-Chairperson<
,c1 Secretary, 2epartment of Coreign Affairs
,2CA1 as =ember<
,d1 Secretary, 2epartment of "abor and
#mployment
,2'"#1 as =ember<
,e1 Administrator, 5hilippine 'verseas
#mployment
Administration ,5'#A1 as =ember<
,f1 Commissioner, &ureau of !mmigration ,&!1 as
=ember<
,g1 2irector-:eneral, 5hilippine +ational 5olice
,5+51 as =ember<
,h1 Chairperson, +ational Commission on the
ole of Cilipino Aomen ,+CCA1 as =ember<
,i1 'ne ,-1 representative from an +:'
representingthe women sector as =ember<
,j1 'ne ,-1 representative from an +:'
representing he 'verseas Cilipino Aor)ers
,'CAs1 sector as =ember< and
5uman E Labor ' E Pro&. Battad E Pa!e C"
LAB+( LA2 " (E:'E2E(
,)1 'ne ,-1 representative from an +:'
representing he children sector as =ember.
The members of the Council may designate their
permanent representatives who shall have a
ran) not lower than an Assistant Secretary or its
equivalent to attend the meetings of the Council.
Sec. >. *ualifications+ !election and
Appointment of ,G- and its
Representatives. The +:'s, with national and
international networ)s, and its representatives to
the Council must have a proven trac) record of
involvement in the prevention and suppression
of traffic)ing in persons. They shall be
nominated by any
of the government agency representatives of the
Council and shall be selected by majority vote
thereof and endorsed to the 5resident. They
shall be appointed by the 5resident for a term of
three ,41 years.
Sec. 8. &unctions of the Council. The Council
shall have the following powers and functions;
,a1 Cormulate a comprehensive and integrated
program to prevent and suppress the traffic)ing
in persons<
,b1 5romulgate rules and regulations as may be
necessary for the effective implementation of the
Act<
,c1 =onitor and oversee the strict
implementation of the Act<
,d1 Coordinate the programs and projects of the
various member agencies to effectively address
the issues and problems attendant to traffic)ing
in persons<
,e1 Coordinate the conduct of massive
information dissemination and campaign on the
e*istence of the law and the various issues and
problems attendant to traffic)ing through the
local government units ,":Bs1, concerned
agencies, and +:'s<
,f1 2irect other agencies to immediately respond
to the problems brought to their attention and
report to the Council on action ta)en<
,g1 Assist in filing of cases against individuals,
agencies, institutions or establishments that
violate the
provisions of the Act<
,h1 Cormulate a program for the reintegration of
traffic)ed persons in cooperation with 2'"#,
2SA2, Technical #ducation and S)ills
2evelopment Authority ,T#S2A1, Commission
on 9igher #ducation ,C9#21, ":Bs and +:'s<
,i1 Secure from any department, bureau, office,
agency, or instrumentality of the government or
from +:'s
and other civic organi(ations such assistance as
may be needed to effectively implement the Act<
,j1 Complement the shared government
information system for migration established
under epublic Act +o. >70., otherwise )nown
as the F=igrant Aor)ers and 'verseas Cilipinos
Act of -88/G with data on cases of traffic)ing in
persons, and ensure that the proper agencies
conduct a continuing research and study on the
patterns and scheme of traffic)ing in persons
which shall form the basis for policy formulation
and program direction<
,)1 2evelop the mechanism to ensure the timely
coordinated and effective response to cases of
traffic)ing in
persons<
,l1 ecommend measures to enhance
cooperative efforts and mutual assistance
among foreign countries through bilateral andHor
multilateral arrangements to prevent and
suppress international traffic)ing in persons<
,m1 Coordinate with the 2epartment of
Transportation and Communications ,2'TC1,
2epartment of Trade and !ndustry ,2T!1, and
other +:'s in monitoring the promotion of
advertisement of traffic)ing in the !nternet<
,n1 Adopt measures and policies to protect the
rights and needs of traffic)ed persons who are
foreign nationals in the 5hilippines<
,o1 !nitiate training programs in identifying and
roviding the necessary intervention or
assistance to traffic)ed
persons< and
,p1 #*ercise all the powers and perform such
other functions necessary to attain the purposes
and objectives of the Act.
Sec. -7. Reportorial &unction. Aithin si*ty ,371
days after the closing of each calendar year, the
Council shall submit to the 'ffice of the
5resident a comprehensive report on the actions
and programs
ta)en by the Council relative to and concerning
the implementation of the Act.
Sec. --. .eetings of the Council. The Council
shall meet regularly at least once a month.
Special meetings may be called by the Chair as
the need arises. =ajority of the members of the
Council
shall constitute a quorum to transact business.
Sec. -.. /onoraria or "moluments. The
=embers of the Council or their designated
permanent representatives shall receive
honoraria or emoluments as may be determined
by the Council in
accordance with e*isting budget and accounting
rules and regulations.
Sec. -4. 0mplementation of the 'a$ at !ub-
,ational and 'ocal 'evels. The Council shall,
as far as practicable, develop mechanisms to
ensure the implementation of the law and these
rules and regulations at the sub-national and
local levels
Artic7e I@
5uman E Labor ' E Pro&. Battad E Pa!e C4
LAB+( LA2 " (E:'E2E(
SECRETARIAT
S#C. -0. -rgani1ation. The 2epartment of
@ustice shall establish a Secretariat to assist the
Council in the performance of its functions. The
Secretary of @ustice shall determine the
organi(ational structure and staffing pattern of
the Secretariat.
Sec. -/. &unctions. The Secretariat shall have
the following functions;
,a1 Coordinate and monitor, under the direction
of the Council, the implementation of the policies
and guidelines promulgated by the Council<
,b1 #stablish, maintain and manage a central
database on traffic)ing in persons<
,c1 5rovide secretariat, records )eeping and
other services to the Council< and
,d1 5erform such other functions as may be
directed by the Council.
Artic7e @
R!(ES AN RES#!NSI,I(ITIES
Sec. -3. Common Roles and Responsibilities
of Council .ember Agencies. All member
government agencies of the Council shall have
the following common roles and responsibilities;
,a1 2evelop policies and programs supportive of
and consistent with the objectives of the Act<
,b1 #nhance the capability of its officers and
personnel involved in traffic)ing issues and
concerns through appropriate training and staff
support programs<
,c1 Bnderta)e information, education and
advocacy campaigns against traffic)ing in
persons<
,d1 =aintain a databan) on traffic)ing in persons
to be shared among relevant agencies and
complement the central databan) to be
established by the Council< and
,e1 2ocument good practices as bases for policy
formulation and program development.
Sec. -6. !pecific Roles and Responsibilities
of ,ational Government Agencies $hich are
.embers of the Council. The following national
government agencies, which are member
agencies of the Council, shall have, but not
limited to, the following roles and responsibilities
in the prevention and suppression of traffic)ing
in persons;
,a1 2epartment of @ustice ,2'@1
,i1 #nsure the prosecution of persons for
violations of the Act<
,ii1 2esignate and train special prosecutors who
shall investigate and prosecute cases of
traffic)ing<
,iii1 #stablish a mechanism for free legal
assistance for traffic)ed persons, in coordination
with the 2SA2, Commission on 9uman ights
,C91, !ntegrated &ar of the 5hilippines ,!&51
and other +:'s and volunteer groups<
,iv1 5rovide, witness protection to traffic)ed
victims and their witnesses<
,v1 Conduct training and continuing education
program on investigation and prosecution for
traffic)ing in
persons and other related offenses for
prosecutors and law enforcement officers<
,vi1 eceive, evaluate, process and investigate
claims for compensation by traffic)ed victims,
when applicable, pursuant to epublic Act +o.
6478 ,Dictims Compensation
Act1<
,vii1 eview and recommend policies and
measures to enhance protection against
traffic)ing in persons<
,viii1 ecommend the negotiation of mutual legal
assistance and e*tradition treaties with other
countries in
coordination with the 2CA< and
,i*1 Coordinate with andHor provide assistance to
the Anti-=oney "aundering Council ,A="C1 on
cases of
traffic)ing in persons with possible money
laundering underpinnings.
,b1 2epartment of Social Aelfare and
2evelopment ,2SA21
,i1 5rovide psycho-social counseling, temporary
shelter and other support services to
victimsHsurvivors of
traffic)ing and their families<
,ii1 =a)e available s)ills training and livelihood
services to victimsHsurvivors of traffic)ing<
,iii1 2evelop program and other support
interventions to facilitate the recovery and
reintegration of
traffic)ed victims into their families and
communities<
,iv1 5rovide social welfare services to Cilipino
victims of traffic)ing in other countries through
the 2SA2
Social Aelfare AttachN and social wor)ers
posted in foreign countries, which may include
but not limited to stress management,
repatriation and other appropriate psychosocial
interventions for their protection and welfare<
,v1 Conduct technical assistance and capability
building activities for social welfare
officersHsocial wor)ers
of ":Bs and +:'s<
,vi1 Accredit +:'s that provide programs and
services to ensure that they meet the standards
set by the
2epartment< and
,vii1 5rovide temporary shelter and psycho-
social services to foreign nationals who are
victims of traffic)ing
in persons as confirmed by the &ureau of
!mmigration.
5uman E Labor ' E Pro&. Battad E Pa!e C?
LAB+( LA2 " (E:'E2E(
,c1 2epartment of Coreign Affairs ,2CA1
,i1 =a)e available its resources and facilities
overseas and to provide services for traffic)ed
persons
regardless of the manner of their entry to the
receiving country<
,ii1 #*plore means to further enhance its
assistance in eliminating traffic)ing activities
through closer
networ)ing with government agencies in the
country and overseas, particularly in the
formulation of policies and implementation of
relevant programs<
,iii1 Actively participate in bilateral, regional and
international initiatives and cooperative
arrangements
aimed at suppressing traffic)ing in persons and
protecting and assisting victims of traffic)ing to
include monitoring of inter-country adoption
cases.
,iv1 Ta)e necessary measures for the efficient
implementation of the =achine eadable
5assports and
Disas to protect the integrity of 5hilippine
passports, visas, and other travel documents to
reduce the incidence of traffic)ing in persons
through the use of fraudulent identification
documents<
,v1 #stablish and implement pre-marriage, on-
site and pre-departure counseling program on
inter-marriages.
Cor this purpose, the 2CA shall promulgate the
necessary guidelines to implement the said
program< and
,vi1 !ntegrate into the pre-departure orientation
seminars for foreign service personnel a training
module on
traffic)ing in persons.
,d1 2epartment of "abor and #mployment
,2'"#1
,i1 #nsure the strict implementation of and
compliance with rules and guidelines relative to
the
employment of persons locally and overseas<
and
,ii1 =onitor, document and report cases of
traffic)ing in persons involving employers and
labor
recruiters<
,iii1 =a)e available e*isting resources such as
employment and livelihood programs as part of
the
government?s measure to suppress traffic)ing in
persons< and
,iv1 Conduct public awareness programs and
activities to prevent victimi(ation.
,e1 5hilippine 'verseas #mployment
Administration ,5'#A1
,i1 !mplement an effective pre-employment
orientation seminar and pre-departure
counseling program
to applicants for overseas employment<
,ii1 Cormulate a system providing free legal
assistance to traffic)ed persons which shall
include the
following;
,a1 5rovision of legal assistance to victims of
traffic)ing in persons by means of, or in the
guise of,
recruitment for overseas employment, as
defined in Section 3 of .A. +o. >70., such as
free legal advice, assistance in the preparation
and filing of administrative and criminal actions
for traffic)ing as defined in the Act, without
prejudice to the filing of administrative andHor
criminal actions for illegal recruitment, as
defined in .A.+o. >70., when proper<
,b1 Assistance in the prosecution of persons who
engage in, promote and facilitate traffic)ing in
persons
by means of, or in the guise of, recruitment for
overseas employment, as defined in Section 3 of
.A. >70.<
!n this connection, the 5'#A shall li)ewise
adopt a policy of confidentiality in all cases
referred to it involving
possible violations of the Act.
,iii1 Adopt policies and procedures, prepare and
implement programs geared towards the
eradication of
traffic)ing in persons as well as acts that
promote traffic)ing in persons such as, but not
limited to, the following;
,a1 Comprehensive and !ntegrated #ducation
5rogram on overseas employment which shall
be underta)en in partnership with other relevant
organi(ations and government entities. Such
education program shall cover all stages of
recruitment and employment and shall provide
information useful for overseas wor)ers
including a module on anti-traffic)ing program
and measures<
,b1 +ationwide multi-media and sustainable
grassroots information campaign to create
publicawareness on the realities of overseas
employment and dangers of becoming victims of
illegal traffic)ing activities<
,c1 Conduct special operations, complementary
to the power of the 5+5, on persons and entities
engaged
in recruitment for overseas employment reported
to be violating the provisions of the Act for the
purpose of
effecting closure of said establishments
pursuant to the provisions of .A. +o. >70.< and
5uman E Labor ' E Pro&. Battad E Pa!e CC
LAB+( LA2 " (E:'E2E(
,d1 2atabase of cases involving, and
personalities involved in, traffic)ing persons
separate and distinct from its illegal ecruitment
cases for monitoring purposes<
,iv1 !n cases of repatriation involving wor)ers
recruited and deployed by licensed agencies,
the 5'#A shall
notify the agency concerned to provide a plane
tic)et or 5repaid Travel Advice ,5TA1 and shall
impose sanctions on said agencies for failure to
cooperate in providing welfare assistance to
'CAs they have deployed< and
,v1 Continue to regulate private sector
participation in the recruitment and overseas
placement of
wor)ers through its licensing and registration
system pursuant to its rules and regulation on
overseas
employment. !t shall formulate and implement, in
coordination with appropriate entities concerned,
when
necessary, a system of promoting and
monitoring the overseas employment of Cilipino
wor)ers, ta)ing into
consideration their welfare and protection from
the dangers and ris)s inherent in overseas
employment, including illegal traffic)ing.
,f1 &ureau of !mmigration ,&!1
,i1 Strictly administer and enforce immigration
and alien registration laws<
,ii1 Adopt measures for the apprehension of
suspected traffic)ers both at the place of arrival
and
departure<
,iii1 #nsure compliance by the Cilipino fiancNsH
fiancNes and spouses of foreign nationals with
the predeparture and counseling program
requirement of the Act<
,iv1 Strictly implement the requirement for a
parental travel authority duly processed by the
2SA2 for
minors traveling abroad unaccompanied by one
parent, and the travel clearance for minors
traveling abroad
unaccompanied by both parents<
,v1 #nsure compliance by 'verseas Cilipino
Aor)ers of the departure requirements of the
5'#A<
,vi1 Conduct periodic training and seminar on
fraudulent document detection and passenger
assessment
to enhance the level of s)ill and competence of
all its immigration officers and agents in
document fraud detection<
,vii1 Conduct periodic study of the trends, routes
and modus operandi employed by the traffic)ers
including
its recruitment base, transit countries and
country of destination<
,viii1 #stablish a networ) with other law
enforcement agencies and immigration
counterparts of
source, transit and destination countries to
facilitate e*change and sharing of information on
the activities of
traffic)ing syndicates<
,i*1 #stablish networ) with ":Bs for the effective
apprehension of suspected traffic)ers and their
cohorts<
,*1 2evelop a program for the procurement and
installation of !nternational Civil Aviation
'rgani(ation
,!CA'1 E compliant machine readers and fraud
detection equipment at all international airports
and seaports in the country to deter traffic)ing in
persons< and
,*i1 2evelop and distribute materials containing
advisory and other pertinent information to
enhance
awareness against traffic)ing in persons.
,g1 5hilippine +ational 5olice ,5+51
,i1 Bnderta)e surveillance, investigation and
arrest of individuals or persons suspected to be
engaged in
traffic)ing<
,ii1 Coordinate closely with various law
enforcement agencies to secure concerted
efforts for effective
investigation and apprehension of suspected
traffic)ers. Cor this purpose, it shall also;
,a1 5ursue the detection and investigation of
suspected or alleged traffic)ing activities at
airports
through its Aviation Security :roup, at seaports
andHor harbors through its =aritime :roup, and
at land
transportation terminals through its police station
and when proper, file the appropriate charges
against traffic)ers in the proper court<
,b1 Coordinate with the 5hilippine 5orts Authority
,55A1 which may have initially processed
complaints at their 7.alay +ilungan sa
Daungan8< and
,c1 Coordinate with local and barangay officials
with respect to the apprehension andHor arrest of
traffic)ers.
,iii1 #stablish a system to receive complaints and
calls to assist traffic)ed persons, and the
conduct of rescue operations<
,iv1 2irect and supervise the enforcement of its
andate under the Act and its rules and
regulations<
,v1 Supervise the conduct of investigations
relating to apprehension occurring at land
transportation
5uman E Labor ' E Pro&. Battad E Pa!e CA
LAB+( LA2 " (E:'E2E(
terminals, domestic seaports and airports and
monitor the filing of appropriate cases against
traffic)ers<
,vi1 Cormulate plans and programs for the
prevention andHor reduction of traffic)ing in
persons<
,vii1 !ntegrate in the program of instruction
comprehensive, gender sensitive and child-
friendly
investigation and handling of cases of traffic)ing
in persons in the 5hilippine +ational 5olice
Academy ,5+5A1, 5hilippine 5ublic Safety
College ,55SC1 and other training schools
operated and managed by the 5+5< and
,viii1 #stablish anti-traffic)ing section under the
Aomen and Children Complaint 2es) ,ACC21
in all city
and municipal police stations.
,h1 +ational Commission on the ole of Cilipino
Aomen ,+CCA1
,i1 Actively advocate and participate in
international and regional discussion and
initiatives in
traffic)ing in women and include the same in all
of its international commitments and policy
pronouncements. Ahere possible and
appropriate, wor) with the 2epartment of
Coreign Affairs in forging bilateral and
multilateral collaborative projects on traffic)ing<
,ii1 Assist the Council in the formulation and
monitoring of policies addressing the issue of
traffic)ing in
persons in coordination with relevant
government agencies<
,iii1 Assist the Council in the conduct of
information dissemination and training to
frontline government
agencies, +:'s and the general public<
,iv1 Assist in the development of gender
responsive documentation system in
coordination with other agencies and the
+ational Statistical Coordination &oard ,+SC&1
through its monitoring of the situation of women
particularly on violence against women<
,v1 Assist the Council in the formulation of
prevention and reintegration programs for
victims of
traffic)ing including the demand side< and ,vi1
Conduct studies on the root causes, magnitude
and forms of traffic)ing in women and document
best practices in prevention programs.
Sec. ->. Roles and Responsibilities of -ther
Relevant ,ational Government Agencies. E
Consistent with their mandates under e*isting
laws, the following agencies shall integrate
human traffic)ing issues in their strategy and
program formulation and implement programs
and services for the prevention and suppression
of traffic)ing and for the protection of traffic)ed
victims.
They shall li)ewise have the following roles and
responsibilities;
,a1 2epartment of the !nterior and "ocal
:overnment ,2!":1
,i1 Conduct a systematic information
disseminationHadvocacy and prevention
campaign against traffic)ing in persons<
,ii1 =aintain a databan) for the effective
monitoring, documentation and prosecution of
cases on
traffic)ing in persons<
,iii1 !ssue directives to the ":Bs and barangays
to institutionali(e recruiter-monitoring
mechanisms and
increase public awareness regarding traffic)ing
in persons<
,iv1 5romote family and community
empowerment to prevent traffic)ing in persons<
and
,v1 Strengthen, activate and mobili(e e*isting
committees, councils, similar organi(ations and
special
bodies at the local level to prevent and suppress
traffic)ing in persons.
,b1 2epartment of Tourism ,2'T1
,i1 Cormulate and implement preventive
measures to stop se* tourism pac)ages and
other activities of tourism establishments which
might contribute to the traffic)ing in persons in
coordination with local governmentunits< and
,ii1 5rovide training to tourist security officers on
surveillance, investigation and rescue operation
strategies.
,c1 2epartment of #ducation ,2ep#d1
,i1 !ntegrate in the appropriate subject areas
core messages on migration and traffic)ing in
the elementary
and secondary levels by providing lesson with
emphasis on their implications and social costs
to persons and country<
,ii1 5rovide opportunities for traffic)ed persons in
the educational mainstream through the basic
education
and non-formal education curricula< and
,iii1 5rovide education and raise consciousness
of boysHmen in schools and communities in
order to discourage the Fdemand sideG or the
useHbuying of traffic)ed women
and children.
,d1 2epartment of 9ealth ,2'91
,i1 =a)e available its resources and facilities in
providing health care to victims of traffic)ing
which shall,
at all times, be held confidential.
5uman E Labor ' E Pro&. Battad E Pa!e CD
LAB+( LA2 " (E:'E2E(
,e1 2epartment of Transportation and
Communication ,2'TC1
,i1 5rovide guidelines for the land, sea and air
transport providers to train their personnel in
traffic)ing
in persons<
,ii1 Standardi(e guidelines for monitoring
traffic)ing in persons in every port< and
,iii1 =onitor the promotion of advertisement of
traffic)ing in the !nternet.
,f1 Commission on 9uman ights ,C91
,i1 Conduct advocacy and training programs
relating to anti-traffic)ing<
,ii1 !nvestigate and recommend for prosecution
violations of the Act<
,iii1 5rovide legal and financial assistance to
victims of traffic)ing< and
,iv1 !ntegrate anti-traffic)ing efforts in the
&arangay 9uman ights Action Center
,&9AC1< and
,v1 =onitor government compliance to
international human rights treaty obligations
related to the
suppressionHelimination of traffic)ing, particularly
the Convention for the Suppression of Traffic in
5ersons and #*ploitation of the 5rostitution of
'thers, the Convention on the #limination of All
Corms of 2iscrimination Against Aomen, the
Convention on the ights of the Child, the
Convention on the 5rotection of =igrant
Aor)ers and =embers of Their Camilies, and
the B+ Convention Against Transnational
'rgani(ed Crimes including its 5rotocol to
5revent, Suppress and 5unish Traffic)ing in
5ersons, #specially Aomen and Children.
,g1 +ational &ureau of !nvestigation ,+&!1
,i1 Conduct surveillance, monitor and investigate
recruiters, travel agencies, hotels and other
establishments
suspected to be engaged in traffic)ing in
persons<
,ii1 Coordinate closely with all the Council
member agencies for effective detection and
investigation of suspected traffic)ers<
,iii1 Cormulate plans and programs for the
detection and prevention of traffic)ing, and the
arrest and
prosecution of suspected traffic)ers<
,iv1 Share intelligence information on suspected
traffic)ers to all Council member agencies when
necessary<
and
,v1 Coster cooperation and coordination with the
law enforcement agencies of other countries and
the
!+T#5'" in the investigation and
apprehension of suspected traffic)ers.
,h1 5hilippine Center on Transnational Crime
,5CTC1
,i1 Continue to function in accordance with its
mandate pursuant to #*ecutive 'rder +o. 3., s.
-888, on
matters concerning traffic)ing in persons with
transnational dimension<
,ii1 Bnderta)e strategic researches on the
structure and dynamics of traffic)ing in persons
with transnational crime dimension, predict
trends and analy(e given factors for the
formulation of individual and collective
strategies for the prevention and detection of
traffic)ing in persons and the apprehension of
criminal elements involved<
,iii1 Conduct case operations in coordination with
other law enforcement agencies< and
,iv1 Serve as the focal point in international law
enforcement coordination on traffic)ing in
persons
particularly with the !+T#5'".
,i1 'verseas Aor)ers Aelfare Administration
,'AAA1
,i1 Assist in the information and advocacy
campaign among 'CAs to prevent traffic)ing in
persons<
,ii1 Assist in the documentation of cases of
traffic)ing and ensure the provision of its
programs and
services to 'CAs and their families< and ,iii1
!nclude a module on anti-traffic)ing to its
predeparture
seminar.
,j1 Council for the Aelfare of Children ,CAC1
,i1 !ntegrate in its development and strategic
framewor)s issues and concerns affecting
traffic)ing in
children and ensure the adoption of such
framewor)s by the ":Bs and other
sta)eholders<
,ii1 Digorously advocate against traffic)ing of
children<
,iii1 !mprove data on traffic)ing in children
through integration of critical and relevant
indicators into the
monitoring system for children<
,iv1 Adopt policies and measures that will protect
and promote the rights and welfare of children
victims of
traffic)ing and coordinate and monitor their
implementation< and
,v1 Address issues on traffic)ing of children
through policy and program interventions.
,)1 5hilippine !nformation Agency ,5!A1
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,i1 #nhance public awareness on traffic)ing in
persons, pertinent laws and possible actions to
prevent
victimi(ation and re-victimi(ation by developing
public advocacy program as well as printing and
distributing
appropriate information materials.
,l1 Technical #ducation and S)ills 2evelopment
Authority ,T#S2A1
,i1 5rovide s)ills and entrepreneurial training to
traffic)ed victims< and
,ii1 Cormulate a special program to ensure the
provision of appropriate s)ills training for
traffic)ed victims.
Sec. -8. Roles and Responsibilities of 'ocal
Government 2nits 3'G2s4. The ":Bs shall
have the following roles and responsibilities;
,a1 =onitor and document cases of traffic)ed
persons in their areas of jurisdiction<
,b1 #ffect the cancellation of licenses of
establishments which violate the provisions of
the Act and
ensure its effective prosecution<
,c1 Bnderta)e an information campaign against
traffic)ing in persons through the establishment
of the =igrants Advisory and !nformation
+etwor) ,=A!+1 des)s in municipalities and
provinces in coordination with the 2!":, 5!A,
Commission on Cilipino 'verseas ,CC'1, +:'s
and other concerned agencies<
,d1 #ncourage and support community based
initiatives which address traffic)ing in persons<
,e1 5rovide basic social services for the
prevention, rescue, recovery, rehabilitation and
reintegrationHafter care support services to
victims of traffic)ing in persons and their
families<
,f1 #nact ordinances or issuances aimed at
providing protection and support to traffic)ed
persons and adopt measures to prevent and
suppress traffic)ing in persons< and
,g1 Strengthen, activate and mobili(e e*isting
committees, councils, similar organi(ations and
special bodies
at the provincial, city, municipal and barangay
levels to prevent and suppress traffic)ing in
persons.
Sec. .7. Roles and Responsibilities of ,on-
Government -rgani1ations $hich are
.embers of the Council. The +:' members
of the Council shall have the following roles and
responsibilities;
,a1 Assist government agencies in formulating
and implementing policies, programs and !#C
campaign against traffic)ing<
,b1 Assist in capability-building activities of
government personnel and share their
e*periences and
e*pertise in handling traffic)ing cases<
,c1 Coordinate with concerned government
agencies, ":Bs and other +:'s in reporting
alleged perpetrators, rescuing victims of
traffic)ing, and conducting investigationH
surveillance, if indicated<
,d1 Bnderta)e programs and activities for the
prevention, rescue, recovery and reintegration of
the victims of
traffic)ing and other support services for their
families<
,e1 2ocument andHor assist in the documentation
of cases of traffic)ing<
,f1 2isseminate guidelines to all its networ)
members, local and international, on policies
and programs
addressing issues on traffic)ing in persons<
,g1 Cormulate educational module to address
thedemand side of traffic)ing< and
,h1 5erform such other tas)s as may be agreed
upon by the Council.
Sec. .-. Assistance of -ther Agencies and
0nstitutions. !n implementing the Act and these
rules and regulations, the agencies concerned
may see) and enlist the assistance of +:'s,
people?s
organi(ations ,5's1, civic organi(ations and
other volunteer groups, which will all li)ewise be
encouraged to assume the same roles and
responsibilities enumerated in the preceding
Section.
Artic7e @I
RE#!RTIN) !* S"S#ECTEI A((E)E
TRA**ICEIN) INCIENT
Sec. ... (ho .ay and To (hom to Report.
Any person who has any )nowledge or learns of
facts or circumstances that give rise to a
reasonable belief that a person will be, or may
be, or has been traffic)ed shall immediately
report the same, either orally, in writing or
through other means, to any member of the
Council, the barangay authorities, the nearest
police or other law enforcement agency, the
local social welfare and development office or
the local Council for the 5rotection of Children.
!n the case of traffic)ing cases abroad, the
report shall be made to the 5hilippine
#mbassyHConsulate which has jurisdiction over
the place where the traffic)ing occurred or where
the traffic)ed person is
found.
Sec. .4. Action on the Report. The agency,
entity or person
to whom the report is made shall immediately
act as soon as the report is received in
coordination with other relevant government
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agency for appropriate intervention. Cor this
purpose, the Council shall develop a mechanism
to ensure the timely, coordinated and effective
response to cases of traffic)ing in persons.
Artic7e @II
INTERCE#TI!N, ARREST AN
IN@ESTI)ATI!N !* TRA**ICEERS
Sec. .0. rocedure in the 0nterception+ Arrest
and 0nvestigation of Traffic)ers in ersons at
0nternational Airport or !eaport. Ahen an
offense punishable under the Act or any other
offense in relation thereto or in furtherance
thereof has been committed, or is actually being
committed in the presence of an immigration
officer assigned at the international airport or
seaport,
heHshe shall immediately cause the interception
andHor arrest of the persons involved for
investigation. The 2'@ Tas) Corce Against
Traffic)ing shall cause the filing of appropriate
case in court when
evidence warrants. !f the person arrested is a
foreigner, the concerned &.!.
investigating unit shall ta)e full custody over the
arrested person, conduct the investigation
proper motu proprio and endorse the complaint
and supporting documents to the prosecutor for
inquest or =TC @udge for appropriate
proceedings.
Sec. ./. rocedure in the 0nterception+ Arrest
and 0nvestigation of Traffic)ers in ersons at
'ocal Airport+ !eaport and 'and
Transportation Terminals. !n cases where the
violation is committed at local seaport, airport or
in land transportation terminals, the members of
the law enforcement agency shall
immediately cause the interception andHor arrest
of the suspected traffic)ers. Thereafter, the
investigation shall be conducted by the law
enforcement agency on the personHs
interceptedHarrested, and
referred to the 5rosecutor?s 'ffice of the place
where the offense was committed or to the 2'@
Tas) Corce Against Traffic)ing in 5ersons or
Tas) Corce on 5assport !rregularities or
=unicipal Trial Court of
the place where the crime was committed in
case of municipalities and non-chartered cities
for purposes of inquest or preliminary
investigation as the case may be.
Sec. .3. Creation of a 5oint Tas) &orce
Against Traffic)ing in ersons. Cor the
purpose of the above provisions, there shall be
created a @oint Tas) Corce Against Traffic)ing in
5ersons to be assigned at airports composed of
5rosecution, &!, 5+5, and +&! personnel and
another Tas) Corce at land transportation
terminals and local seaports and airports to be
composed of 5rosecution, 5+5, &!, 55A, and
5C: personnel. The 2'@ +ational Tas) Corce
Against Traffic)ing in 5ersons shall issue the
necessary
operational guidelines for the effective
coordination, apprehension, investigation and
prosecution of violations of the Act. The 2'@
Tas) Corce assigned at local seaports, airports
and land transportation
terminals shall cooperate or coordinate with the
local authorities, local social welfare and
development officers or active +:'s concerned
with traffic)ing in persons in the locality.
Sec. .6. Rights of the erson Arrested+
0nvestigated or Detained. !n all cases, the
rights of the person arrested, investigated or
detained as provided by the 5hilippine
Constitution and under epublic Act +o. 604>
,An Act 2efining Certain ights of 5ersons
Arrested, 2etained or Bnder Custodial
!nvestigation As Aell As The 2uties of the
Arresting, 2etaining and !nvestigating 'fficers,
and 5roviding 5enalties Cor Diolations Thereof1
shall, at all times, be respected.
Artic7e @III
RESC"EIREC!@ERD AN RE#ATRIATI!N
!* @ICTI$S
Sec. .>. The Country Team Approach. The
country team approach under #*ecutive 'rder
+o. 60, series of -884 and further enunciated in
epublic Act +o. >70. shall be the operational
scheme under which 5hilippine embassies
abroad shall provide protection to traffic)ed
persons regardless of their immigration status.
Bnder the Country Team Approach, all officers,
representatives and personnel of the 5hilippine
government posted abroad regardless of their
mother agencies shall, on a per country basis,
act as one-country team with mission under the
leadership of the Ambassador or the head of
mission.
Sec. .8. Rescue at the Country of
Destination. E
,a1 Procedure. Ahen the victim is a Cilipino
national and at the time of rescue is residing
abroad, the embassy or consulate which has
jurisdiction over the place where the victim is
residing shall verify the veracity of the report of
incidence of traffic)ing and inquire about the
condition of the victim.
Consistent with the country team approach, the
5ost concerned shall send a team composed of
a consular officer and personnel from the
5hilippine 'verseas "abor 'ffice ,5'"'1 or the
Cilipino Aor)ers esource Center ,CAC1, the
'ffice of the Social Aelfare AttachN as the case
may be, to conduct a visit to the jail,
establishment, wor) site or residence of the
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victim. !n the case of 5osts without attached
services, the team
will be composed of a consular officer and
personnel from the Assistance-to-+ationals
section.
The 5ost shall ma)e representations with the
police authorities or other relevant law
enforcement agencies with respect to the
conduct of rescue operations.
escue operation shall also be made in
cooperation and close coordination with some
+:'?s, local contacts or private individuals
when necessary.
!n countries and areas where the services of the
CAC is not accessible, a mobile type of
services shall be e*tended by the country team
members to traffic)ed persons regardless of
their status in the host country.
Thereafter, the victim will be encouraged to
e*ecute a sworn statement, recounting among
others, the peopleHestablishment involved in the
recruitmentHtransfer and deployment, the modus
operandi employed to recruit, transport and
deploy the victim, and other pertinent
information which could provide a lead in the
investigation and eventual prosecution of the
perpetrators.
,b1 Assistance to Traffic-ed Persons. The
traffic)ed person shall be provided with
temporary shelter and other forms of assistance.
!n countries where there is an Cilipino Aor)ers
esource Center, the services available to
overseas Cilipinos as provided for in epublic
Act +o. >70. shall also be e*tended to traffic)ed
persons regardless of their status in the host
country.
,c1 Legal Assistance 1und. Traffic)ed persons
shall be considered under the category
F'verseas Cilipinos in
2istressG and may avail of the "egal Assistance
Cund created by epublic Act +o. >70., subject
to the guidelines as provided by law, including
rules and regulations issued by the 2CA as
to its utili(ation and disbursement.
Sec. 47. Repatriation of Traffic)ed ersons.
The 2CA, in coordination with 2'"# and other
appropriate agencies, shall have the primary
responsibility for the repatriation of traffic)ed
persons, regardless of whether they are
documented or undocumented.
!f, however, the repatriation of traffic)ed persons
shall e*pose the victims to greater ris)s, the 2CA
shall ma)e representation with the host
government for the e*tension of appropriate
residency permits
and protection, as may be legally permissible in
the host country.
Sec. 4-. rocedure for Repatriation. !n
accordance with e*isting rules and regulations
on the use and disbursement of Assistance-to-
+ationals Cund of the 2CA for the repatriation of
distressed 'CAs, the 5ost shall immediately
request the 2CA, through the 'ffice of the
Bndersecretary for =igrant Aor)ers? Affairs
,'B=AA1, allocation of funds for the repatriation
of the victim. !n appropriate cases and to avoid
re-victimi(ation, the 5ost may withdraw the
passport of the victim and forward it to the 2CA
and in
its place issue a Travel 2ocument ,CA Corm
68,&11 valid for direct travel to the 5hilippines.
The 5ost concerned shall report to the 2CA,
through the 'B=AA, copy furnished the 'ffice
of Consular Affairs, the actual date of
repatriation and other pertinent information and
submit a copy of the sworn statement and other
relevant documents.
!n appropriate cases, especially when the victim
is suffering from mental illness, has suffered
physical or se*ual abuse or has received serious
threats to his or her life and safety, the victim will
be
met upon arrival in the 5hilippines by 2SA2
personnel, in coordination with the @oint Tas)
Corce Against Traffic)ing in 5ersons and other
government agencies such as 'AAA, &! and
2'9. !n the case of mentally ill patients, minors,
and other persons requiring special care, the
5ost shall designate a duly authori(ed individual
to escort said victims to the 5hilippines.
The victim will be encouraged, if he or she has
not done so before, to e*ecute a sworn
statement with the view of filing the appropriate
charges against the suspected traffic)er in the
5hilippines. Should the victim request the
assistance of 2CA, 'B=AA shall interview the
victim and ma)e recommendations for
investigation with law enforcement agencies
such as the 5+5 and the +&!. !n cases where
recruitment agencies are involved, the case
shall also be referred to the 5'#A for
appropriate action. The report shall also be
forwarded to the &! for case build up. The victim
may be referred to the 2SA2H"ocal Social
Aelfare
And 2evelopment 'ffice or to the +&! 'ne-Stop
Shop for psychosocial interventions,
psychological and medical e*amination and
follow-through therapy sessions. 5rotective
custody and emergency shelter shall also be
provided to the victim, in appropriate cases.
Sec. 4.. Rescue (ithin the Country. escue
operations within the country shall be primarily
underta)en by the law enforcement agencies in
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coordination with ":Bs, 2'"#, 2SA2 and
2'9. Bpon receipt of a report of a suspected or
alleged traffic)ing ncident or activity, the law
enforcement agency to which the report is made
shall conduct rescue operations of traffic)ed
persons. At the minimum, rescue operations
shall be guided by the following;
,a1 Conduct of rescue operation of traffic)ed
persons shall be properly coordinated with the
concerned agencies particularly 2SA2Hlocal
social welfare and development officer<
,b1 The rescue team shall ensure full protection
of the rights of the traffic)ed person as well as
the traffic)ers while under its custody and
control<
,c1 After the rescue operation, the investigation
of the case shall be referred to the Aomen and
Children Complaint 2es) ,ACC21 des) of 5+5,
the Diolence Against Aomen and Children
2ivision ,DAAC21 of the +&! or other similar
units or des)s<
,d1 After the completion of the necessary
documents for the filing of cases, the rescue
team shall effect the appropriate and immediate
turn-over of the traffic)ed person to 2SA2Hlocal
social welfare and development officer< and
,e1 !n the course of investigation of the traffic)ed
person, the investigator handling the case shall
ensure that
the victim shall be accorded with proper
treatment and investigated in a child-friendly and
gender-sensitive
environment. !n the conduct of investigative
interviews on children, the law enforcers shall
li)ewise be guided by the ule on the
#*amination of a Child Aitness promulgated by
Supreme Court, as may be applicable. Cor this
purpose, the investigators shall be properly
trained in the handling of cases of traffic)ed
persons.
Artic7e IX
RE+A,I(ITATI!N AN
REINTE)RATI!N !* @ICTI$S
Sec. 44. Comprehensive rogram. The
2SA2, ":Bs and other concerned agencies
shall provide a comprehensive, gendersensitive
and child friendly program for the recovery,
rehabilitation
and reintegration of victimsHsurvivors of
traffic)ing, such as but not limited to the
following;
,a1 !mplementation of residential care, child
placement, educational assistance, livelihood
and s)ills training
and other community-based services must be
responsive to the specific needs and problems
of the victimsHsurvivors and their families<
,b1 Active involvement and participation of the
victimsHsurvivors in the rehabilitation and
reintegration process shall be encouraged. !n
order to empower them and to prevent their re-
victimi(ation, capability building programs must
be provided< and "aw, ules and "ocal
!nstruments / 4
,c1 Active cooperation and coordination with
+:'s and other members of the civil society
including the business community, tourism-
related industries as well as the media in the
rehabilitation and reintegration of
victimsHsurvivors shall be underta)en.
Sec. 40 rocedure. The following procedure
shall be underta)en in implementing a
comprehensive program for the recovery,
rehabilitation and reintegration of
victimsHsurvivors of traffic)ing;
,a1 The victimHsurvivor of traffic)ing may go to
the nearest 2SA2H":B Social Aelfare and
2evelopment 'ffice for assistance<
,b1 Bpon referralHinterview the 2SA2H"ocal
:overnment Social Aor)er shall conduct an
inta)e assessment
to determine appropriate intervention with the
victimHsurvivor<
,c1 The social wor)er shall prepare a social case
study reportHcase summary for the
victimHsurvivor?s admission to a residential
facility for temporary shelter or community-
based services<
,d1 5rovide servicesHinterventions based on the
rehabilitation plan in coordination with
appropriate agencies,
e.g. counseling, legal, medical and educational
assistance< livelihood andHor s)ills training< as
well as appropriate services to the family of the
traffic)ed victimHsurvivor< and
,e1 =onitor implementation and periodically
evaluateHupdate the rehabilitation plan until the
victimH survivor has been reintegrated with
hisHher family and community.
Sec. 4/. Capability Building of !ervice
roviders. The frontline agencies and the
service providers must undergo training and
other capability building activities to enhance
their )nowledge and s)ills in handling cases of
traffic)ing to prevent e*acerbation of traumatic
stress and facilitate more effective crisis
interventions, healing and reintegration services.
Sec. 43. Documentation. 2ata ban)ing,
research and documentation of best practices in
rehabilitation and reintegration programs shall
be conducted to identify efficient and effective
measures and services for the victims of
traffic)ing and their families.
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Artic7e X
#R!SEC"TI!N, CI@I( *!R*EIT"RE AN
REC!@ERD !* CI@I( A$A)ES
Sec. 46. (ho .ay &ile a Complaint.
Complaints for violations of the Act may be filed
by the following;
,a1 Any person who has personal )nowledge of
the commission of the offense<
,b1 The traffic)ed person or the offended party<
,c1 5arents or legal guardians<
,d1 Spouse<
,e1 Siblings< or
,f1 Children.
The foregoing persons may also see) the
assistance of the Council in the filing of
complaint.
Sec. 4>. 0nstitution of Criminal Action6 "ffect.
The institution of the criminal action before the
'ffice of the 5rosecutor or the court, as the case
may be, for purposes of preliminary investigation
shall interrupt the running of the period for
prescription of the offense charged. The
prescriptive period shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted or are
unjustifiably stopped for any reason not
imputable to the accused.
Sec. 48. 0nstitution of Criminal and Civil
Actions. 5ursuant to the evised ules on
Criminal 5rocedure, when a criminal action is
instituted, the civil action arising from the offense
charged shall be deemed instituted with the
criminal action unless the offended party waives
the civil action, reserves the right to institute it
separately or institutes the civil action prior to
the criminal action.
Sec. 07. "#emption from &iling &ees. Ahen
the traffic)ed person institutes a separate civil
action for the recovery of civil damages, heHshe
shall be e*empt from the payment of filing fees.
Sec. 0-. 7enue. The offenses punishable under
the Act shall be considered as a continuing
offense and may be filed in the place where the
offense was committed or where any of its
elements occurred or where the traffic)ed
person actually resides at the time of the
commission of the offense. 5rovided, that the
court where the criminal action is first filed shall
acquire jurisdiction to the e*clusion of other
courts.
Sec. 0.. &orfeiture of the roceeds and
0nstruments Derived from Traffic)ing in
ersons. E
,a1 After conviction, all proceeds and
instruments, including any real or personal
property used in the commission of the offense,
shall be ordered confiscated and forfeited in
favor of the State unless the owner thereof can
prove the lac) of )nowledge of the use of such
property in the said illegal activity. Any award for
damages arising from the commission of the
offense may be satisfied and charged against
the personal and
separate properties of the offender and if the
same is insufficient to satisfy the claim, the
balance shall be ta)en from the forfeited
properties as may be ordered by the court.
,b1 2uring the pendency of the criminal action,
no property or income used or derived therefrom
which are subject to confiscation and forfeiture,
shall be disposed, alienated or transferred and
the same shall be in custodia legis and no bond
shall be admitted for the release of the same.
,c1 The trial prosecutor shall avail of the
provisional remedies in criminal cases to ensure
the confiscation,
preservation and forfeiture of the said properties.
,d1 !f the offender is a public officer or employee,
the forfeiture of hisHher property found to be
unlawfully acquired shall be governed by
epublic Act +o. -468 otherwise )nown as FAn
Act 2eclaring Corfeiture in Cavor of the State
Any 5roperty Cound to 9ave &een Bnlawfully
Acquired by Any 5ublic 'fficer or #mployee and
5roviding for the 5roceedings Therefore.G
Artic7e XI
(E)A( #R!TECTI!N AN !T+ER
SER@ICES
Sec. 04. 'egal rotection. Traffic)ed persons
shall be recogni(ed as victims of the act or acts
of traffic)ing. As such, they shall not be
penali(ed for crimes directly related to the acts
of traffic)ing enumerated under the Act or in
obedience to the order made by the traffic)er in
relation thereto. !n this regard, the consent of the
traffic)ed person to the intended e*ploitation set
forth in the Act shall be irrelevant.
Sec. 00. referential "ntitlement under the
(itness rotection rogram. Any provision of
epublic Act +o. 38>- to the contrary
notwithstanding, any traffic)ed person shall be
entitled to the witness protection program
provided therein.
Sec. 0/. 0mmunity from Criminal rosecution.
Any person who has personal )nowledge in the
commission of any of the offenses penali(ed
under the Act and who voluntarily gives material
information relative thereto and willingly testifies
against the offender shall be e*empt from
prosecution for the offense with reference to
which his information and testimony were given,
subject to the following conditions;
,a1 The information and testimony are necessary
for the conviction of the accused< and
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,b1 Such information and testimony are not yet in
the possession of the state.
Sec. 03. .andatory !ervices. To ensure
recovery, rehabilitation and reintegration into the
mainstream of society, concerned government
agencies shall ma)e available the following
services to traffic)ed persons;
,a1 #mergency shelter or appropriate housing<
,b1 Counseling<
,c1 Cree legal services which shall include
information about the victims? rights and the
procedure for filing complaints, claiming
compensation and such other legal remedies
available to them, in a language understood by
the traffic)ed person<
,d1 =edical or psychological services<
,e1 "ivelihood and s)ills training< and
,f1 #ducational assistance to a traffic)ed child.
Sustained supervision and follow through
mechanism that will trac) the progress of
recovery, rehabilitation and reintegration of the
traffic)ed persons shall be adopted and carried
out.
Sec. 06. 'egal rotection of Traffic)ed
ersons (ho are &oreign ,ationals.
Traffic)ed persons in the 5hilippines who are
nationals of a foreign country shall be entitled to
appropriate protection, assistance and services
available to the traffic)ed persons and shall be
allowed to continued presence in the 5hilippines
for a period of fifty-nine ,/81 days to enable them
to effect the prosecution of the offenders. Such
period may be renewed upon showing of proof
by the trial prosecutor that their further testimony
is essential to the prosecution of the case. The
trial prosecutor shall course his request for
e*tension to the Council which shall accordingly
act upon the same. !f such request is granted,
the registration and immigration fees of
such foreign nationals shall be waived. The
Council, for this purpose, shall develop
additional
guidelines to implement this provision.
Artic7e XII
TR"ST *"N
Sec. 0>. Trust &und6 !ources. All fines
imposed under the Act and the proceeds and
properties forfeited and confiscated pursuant to
Section -0 of the Act and Article !$, Section / of
these rules and
regulations shall accrue to a Trust Cund to be
administered and managed by the Council.
Sec. 08. 2tili1ation. The Trust Cund shall be
used e*clusively for programs that will prevent
acts of traffic)ing and protect, rehabilitate,
reintegrate traffic)ed persons into the
mainstream of society. Such programs shall
include, but not limited to the following;
,a1 5rovision for mandatory services set forth in
Section .4 of the Act< and Section 06 of these
ules and
egulations.
,b1 Sponsorship of a national research program
on traffic)ing and establishment of a data
collection system for monitoring and evaluation
purposes<
,c1 5rovision of necessary technical and material
support services to appropriate government
agencies and nongovernment organi(ations
,+:'s1<
,d1 Sponsorship of conferences and seminars to
provide venue for consensus building among the
public, the academe, government, +:'s and
international organi(ations< and
,e1 5romotion of information and education
campaign on traffic)ing.
The Trust Cund may also be used to support the
operations of the Secretariat.
Sec. /7. 2se and Disbursement of Trust
&und. The use and disbursement of the trust
fund shall be subject to the approval of at least
two-thirds ,.H41 of the members of the Council
and shall be
governed by e*isting government accounting
and auditing rules and regulations.
Artic7e XIII
INTERNATI!NA( C!!#ERATI!N
Sec. /-. 0nternational Cooperation. The
Council, in close coordination with the 2CA and
other concerned agencies, shall promote
cooperation, technical assistance and
partnership among governments and regional
and international organi(ations on the following
aspects;
,a1 5revention, protection, prosecution,
repatriation and reintegration aspects of
traffic)ing in persons, especially women and
children<
,b1 Systematic e*change of information and
good practices among law enforcement and
immigration authorities<
,c1 5revention, detection, investigation and
prosecution of traffic)ing in persons, including
the protection
of victims through e*changes and joint training
at the bilateral, regional and international levels,
between and among relevant officials including
police, judges, prosecutors, immigration officers,
other law enforcement agents as well as
consular authorities< and
,d1 epatriation of victims of traffic)ing with due
regard to their safety and in consideration of
humanitarian
and compassionate factors.
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Artic7e XI@
C!N*IENTIA(ITD
Sec. /.. Confidentiality. At any stage of the
investigation, prosecution and trial of an offense
under this Act, law enforcement officers,
prosecutors, judges, court personnel and
medical practitioners, as well as parties to the
case, shall recogni(e the right to privacy of the
traffic)ed person and the accused. Towards this
end, law enforcement officers, prosecutors and
judges to whom the complaint has been referred
may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all
circumstances for the best interest of the parties,
order a closed-door investigation, prosecution or
trial. The name and personal circumstances of
the traffic)ed person or of the accused, or any
other information tending to establish their
identities and such circumstances or information
shall not be disclosed to the public. !n case
when the prosecution or trial is conducted
behind closed doors, it shall be unlawful for any
editor, publisher, reporter or columnist in case of
printed materials, announcer or producer in case
of television and radio, producer and director of
a film in case of the movie industry, or any
person utili(ing tri-media or information
technology to cause publicity of and case of
traffic)ing in persons.
Artic7e X@
!**ENSES AN #ENA(TIES
Sec. /4. Acts of Traffic)ing in ersons. Any
person, natural or juridical, who commits any of
the following acts shall suffer the penalty of
imprisonment of twenty ,.71 years and a fine of
not less than 'ne million pesos ,5-,777,777.771
but not more than Two million pesos
,5.,777,777.771;
,a1 To recruit, transport, transfer, harbor, provide,
or receive a person by any means, including
those done under the prete*t of domestic or
overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, se*ual e*ploitation, forced labor,
slavery, involuntary servitude or debt bondage<
,b1 To introduce or match for money, profit or
material, economic or other consideration, any
person or, as
provided for under epublic Act +o. 38//, any
Cilipino woman with a foreign national, for
marriage for the purpose of acquiring, buying,
offering, selling or trading himHher to engage in
prostitution, pornography, se*ual e*ploitation,
forced labor, slavery, involuntary servitude or
debt bondage<
,c1 To offer or contract marriage, real or
simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in
prostitution, pornography, se*ual e*ploitation,
forced labor or slavery, involuntary servitude or
debt bondage<
,d1 To underta)e or organi(e tours and travel
plans consisting tourism pac)ages or activities
for the purpose of utili(ing and offering persons
for prostitution, pornography or se*ual
e*ploitation<
,e1 To maintain or hire a person to engage in
prostitution or pornography<
,f1 To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
se*ual e*ploitation,forced labor, slavery,
involuntary servitude or debt bondage<
,g1 To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation
for the purpose of removal or sale of organs of
said person< and
,h1 To recruit, transport or adopt a child to
engage in armed activities in the 5hilippines or
abroad.
Sec. /0. Acts that romote Traffic)ing in
ersons. Any person, natural or juridical, who
shall commit the following acts which promote or
facilitate traffic)ing in persons, shall be
penali(ed with the penalty of imprisonment of
fifteen ,-/1 years and a fine of not less than Cive
hundred thousand pesos ,5/77,777.771 but not
more than 'ne million pesos ,5-,777,777.771;
,a1 To )nowingly lease or sublease, use or allow
to used any house, building or establishment for
the purpose of promoting traffic)ing in persons<
,b1 To produce, print and issue or distribute
unissued, tampered or fa)e counseling
certificates, registration stic)ers and certificates
of any government agency which issues these
certificates and stic)ers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting
traffic)ing in persons<
,c1 To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing,
broadcasting or distribution by any means,
including the use of information technology and
the internet of any brochure, flyer, or any
propaganda material that promotes traffic)ing in
persons<
,d1 To assist in the conduct of misrepresentation
or fraud for purposes of facilitating the
acquisition of clearances and necessary e*it
documents from government agencies that are
mandated to provide pre-departure registration
and services for departing persons for the
purpose of promoting traffic)ing
in persons<
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,e1 To facilitate, assist or help in the e*it and
entry of persons fromHto the country at
international and local airports, territorial
boundaries and seaports who are in possession
of unissued, tampered or fraudulent and travel
documents for the purpose of promoting
traffic)ing in persons<
,f1 To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of traffic)ed persons in
furtherance of traffic)ing or to prevent them from
leaving the country or see)ing redress from the
government or appropriate agencies< and
,g1 To )nowingly benefit from, financial or
otherwise or ma)e use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor , or slavery.
Sec. //. *ualified Traffic)ing in ersons. The
following are considered as qualified traffic)ing
and shall be penali(ed with the penalty of life
imprisonment and a fine of not less than Two
million pesos ,.,777,777.771 but not more than
Cive million pesos ,/,777,777.771<
,a1 Ahen the traffic)ed person is a child<
,b1 Ahen the adoption is effected through
epublic Act +o. >704, otherwise )nown as the
F!nter-Country Adoption Act of -88/G and said
adoption is for the purpose of prostitution,
pornography, se*ual e*ploitation, forced labor,
slavery, involuntary servitude or debt bondage<
,c1 Ahen the crime is committed by a syndicate ,
or in large scale. Traffic)ing is deemed
committed by a syndicate if carried out by a
group of three ,41 or more persons conspiring or
confederating with one another. !t is deemed
committed in large scale if committed against
three ,41 or more persons ,
individually or as a group<
,d1 Ahen the offender is an ascendant, parent,
sibling, guardian or a person who e*ercises
authority over the traffic)ed person or when the
offense is committed by a public officer or
employee<
,e1 Ahen the traffic)ed person is recruited to
engage in prostitution with any member of the
military or law
enforcement agencies<
,f1 Ahen the offender is a member of the military
orlaw enforcement agencies< and
,g1 Ahen by reason or on occasion of the act of
traffic)ing in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted
with 9uman !mmunodeficiency Dirus 9!D or the
Acquired !mmune 2eficiency Syndrome ,A!2S1.
Sec. /3. 7iolation of Confidentiality
rovisions. Any person who violates Section 6
of the Act and Section /., Article $!D hereof
shall suffer the penalty of imprisonment of si* ,31
years and a fine not less than Cive hundred
thousand pesos ,5/77,777.771 but not more
than 'ne million pesos ,5-,777,777.771.
Sec. /6. Application of enalties and -ther
!anctions. The following shall be applied in the
imposition of penalties;
,a1 !f the offender is a corporation, partnership,
association, club, establishment or any judicial
person, the
penalty shall be imposed upon the owner,
president, partner, manager, andHor any
responsible officer who participated in the
commission of the crime or who shall have
)nowingly permitted or failed to prevent its
commission<
,b1 The registration with the Securities and
e*change Commission ,S#C1 and license to
operate of the erring agency, corporation,
association, religious group, tour or travel agent,
club or establishment, or any place or
entertainment shall be cancelled and revo)ed
permanently. The owner, president, partner or
manager thereof shall not be allowed to operate
similar establishment in a different name<
,c1 !f the offender is a foreigner, he shall be
immediately deported after serving his sentence
and be barred
permanently from entering the country<
,d1 Any employee or official of government
agencies who shall issue or approve the
issuance of travel e*it clearances, passports,
registration certificates, counseling certificates,
marriage license, and other similar documents to
persons, whether judicial or natural, recruitment
agencies, establishments or other individuals or
groups, who fail to observe the prescribed
procedures and the requirement as provided for
by laws, rules and regulations, shall be held
administratively liable, without prejudice to
criminal liability under the Act. The concerned
government official or employee shall, upon
conviction, be dismissed from the service and be
barred permanently to hold public office. 9isHher
retirement and other benefits shall li)ewise be
forfeited< and
,e1 Conviction by final judgment of the adopter
for any offense under this Act shall result in the
immediate
rescission of the decree of adoption.
Sec. />. 2se of Traffic)ed ersons. Any
person who buys or engages the services of
traffic)ed persons for prostitution shall be
penali(ed as follows;
,a1 Cirst offense E si* ,31 months of community
service as may be determined by the court and
a fine of Cifty thousand pesos ,5/7,777.771< and
,b1 Second and subsequent offenses E
imprisonment of one year ,-1 year and a fine of
'ne hundred thousand pesos ,5-77,777.771.
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The Council shall coordinate with the Supreme
Court through the 'ffice of the Court
Administrator for the issuance of appropriate
guidelines and measures for the judiciary to
implement this provision particularly on the
aspect of implementing the penalty of
community service.
Artic7e X@
*"NIN)
Sec. /8. 0nclusion in Agency Appropriations.
The heads of departments and agencies
concerned shall immediately include in their
annual appropriations the funding necessary to
implement programs and services required by
the Act and these regulations.
!n the interim, the funding necessary to carry out
their mandate under the law may be charged
against their :ender and 2evelopment ,:A21
budget.
Artic7e X@II
*INA( #R!@ISI!NS
Sec. 37. ,on-Restriction of &reedom of
!peech and of Association+ Religion and the
Right to Travel. +othing in these rules and
regulations shall be interpreted as a restriction of
the freedom and of association, religion and the
right to travel for purposes not contrary to law as
guaranteed by the Constitution.
Sec. 3-. !aving Clause. The provisions of
epublic Act +o. 63-7, otherwise )nown as the
FSpecial 5rotection of Children Against Child
Abuse, #*ploitation and 2iscrimination ActG shall
remain applicable and shall not in any way be
amended or repealed by the provisions of the
Act and these rules and regulations.
Sec. 3.. !eparability Clause. The declaration
of invalidity of any provision of these rules and
regulations or part thereof shall not affect the
validity of the remaining provisions.
Sec. 34. Repealing Clause. 5ertinent
provisions of all laws, presidential decrees,
e*ecutive orders and rules and regulations, or
parts thereof, contrary to or inconsistent with the
provisions of the Act and these rules and
regulations are hereby repealed or modified
accordingly.
Sec. 30. "ffectivity. These rules and regulations
shall ta)e effect fifteen ,-/1 days after its
complete publication in at least two ,.1
newspapers of general circulation.
%. Alien Emlo/ment (e!ulation
(e&erence8 Arts. "4 (e), C<-C4= +mnibus (ules, Boo1
', (ule >':, 5+ "4, "D 9o,. 4<<"= +mnibus .uidelines
&or 'ssuance o& Emlo/ment Permits to Morei!n
9ationals)= Const., Art. >'', Sec. "4
a. Co,era!e
Almodiel ,. 9L(C, 44? SC(A
?C" ("##?)
b. Conditions &or !rant o& Permit, +mnibus
.uidelines, (ule '''. ", 4, ?
R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent
#er6it& I&&/e3
-. The permits issued may, motu proprio or
upon a petition, be cancelled or revo)ed
based on any of the following grounds;
-.- =isrepresentation of facts or falsification
of the documents submitted<
-.. The foreign national has been declared
as an undesirable alien by competent
authorities<
-.4 +on-compliance with the conditions for
which the A#5 was issued<
-.0 Cailure to renew A#5 within one ,-1 year
after its e*piration.
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.. 5etitions for cancellation or revocation of
permits issued shall be resolved within thirty
,471 calendars from receipt thereof.
4. Any aggrieved party may file a =otion for
econsideration andHor Appeal and the
same shall be resolved based on 5aragraph
0 of this ule.
.eneral Fillin! Cor. ,. Torres,
"#D SC(A 4"A ("##")
c. :alidit/ o& AEP, +mnibus (ules, (ule ''.%
8. 7alidity of ermits - The validity of permits shall
be as follows;
6.- As a general rule, the validity of permits
shall be for a period of one ,-1 year, unless
the employment contract, consultancy
services, or other modes of engagement or
term of office for elective officers, provides
for a longer period.
6.. The effectivity of the renewal shall be on
the day after the e*piration of the previous
permit, regardless of whether or not the
renewal is granted before or after the
e*piration of the previous permit.
6.4 As a general rule, the permits shall be
valid only for the position and the employer
for which it was issued, e*cept in case of
foreign nationals who are holders of multiple
positions in one corporation, where one A#5
shall be valid for such multiple positions.
6.0 The permits of resident foreign nationals
shall be valid for multiple employers,
regardless of the nature and duration of their
employment, provided that they shall report
changes in their employment status and the
identity of their employers to the 2'"#
egional 'ffice which has issued the permit.
d. (e,ocationECancellationE.rounds, +mnibus
.uidelines, (ule '''."
R"(E III. Re.oc4tionIC4nce774tion o' E617o-6ent
#er6it& I&&/e3
-. The permits issued may, motu proprio or upon a
petition, be cancelled or revo)ed based on any of
the following grounds;
-.- =isrepresentation of facts or falsification of the
documents submitted<
-.. The foreign national has been declared as
an undesirable alien by competent authorities<
-.4 +on-compliance with the conditions for
which the A#5 was issued<
-.0 Cailure to renew A#5 within one ,-1 year
after its e*piration.
E. =&,an Reso&rces De6e#op,en
(e&erence8 Arts. A%-$"= Technical Education and
S1ills 5e,eloment Authorit/ Act o& "##C (TES5A)
((A %%#D)= 5ual Trainin! S/stems Act o& "##C ((A
%D$D)= Fa!na Carta &or 5isabled Persons ((A %4%%)
". Polic/ +b3ecti,es, (A %%#D, Secs. 4-?
S#C. .. Declaration of Policy. - ! t is hereby declared
the policy of the State to provide relevant, accessible,
high quality and efficient technical education and s)ills
development in support of the development of high
quality Cilipino middle-level manpower responsive to
and in accordance with 5hilippine development goals
and priorities.
The State shall encourage active participation of
various concerned sectors, particularly private
enterprises, being direct participants in and immediate
beneficiaries of a trained and s)illed wor)force, in
providing technical education and s)ills development
opportunities.
S#C. 4. +tatement of oals and &b,ectives. - !t is the
goal and objective of this Act to;
5romote and strengthen the quality of technical
education and s)ills development programs to attain
5uman E Labor ' E Pro&. Battad E Pa!e A%
LAB+( LA2 " (E:'E2E(
international competitiveness<
Cocus technical education and s)ills development on
meeting the changing demands for quality middle-level
manpower<

#ncourage critical and creative thin)ing by disseminating
the scientific and technical )nowledge base of middle-level
manpower development programs<

ecogni(e and encourage the complementary roles of
public and private institutions in technical education and
s)ills development and training systems< and

!nculcate desirable values through the development of
moral character with emphasis on wor) ethic, self-discipline,
self-reliance and nationalism.
4. Arentice
a. 5e6nition, (A %%#D, Sec. C (3)
MApprenticeM is a person undergoing training for an
approved apprenticeable occupation during an
apprenticeship agreement<
b. Arenticeable +ccuation, (A
%%#D, Sec. C (m)
,m1 MApprenticeable 'ccupationM is an occupation
officially endorsed by a tripartite body and approved
for apprenticeship by the authority<
c. Puali6cation, (A %D"<, as amended
b/ (A %DA$, Sec. "4
RE#",(IC ACT N!. 7658
A+ ACT 5'9!&!T!+: T9# #=5"'I=#+T 'C
C9!"2#+ &#"'A -/ I#AS 'C A:# !+ 5B&"!C
A+2 5!DAT# B+2#TAO!+:S, A=#+2!+: C'
T9!S 5B5'S# S#CT!'+ -., AT!C"# D!!! 'C R.
A. 7610.
Section 1. Section 12, Artic7e @III o' R. A. No. 7610
ot0er2i&e 8no2n 4& t0e FS1eci47 #rotection o'
C0i73ren A94in&t C0i73 A5/&e, E;17oit4tion 4n3
i&cri6in4tion ActF i& 0ere5- 46en3e3 to re43 4&
'o77o2&:
FSec. 12. E617o-6ent o' C0i73ren. J C0i73ren
5e7o2 'i'teen (15) -e4r& o' 49e &0477 not 5e
e617o-e3 e;ce1t:
(1) A0en 4 c0i73 2or8& 3irect7- /n3er t0e &o7e
re&1on&i5i7it- o' 0i& 14rent& or 7e947 9/4r3i4n 4n3
20ere on7- 6e65er& o' t0e e617o-erB& '46i7- 4re
e617o-e3: rovided+ ho$ever+ T04t 0i&
e617o-6ent neit0er en34n9er& 0i& 7i'e, &4'et-,
0e47t0 4n3 6or47&, nor i614ir& 0i& nor647
3e.e7o16ent> rovided+ further+ T04t t0e 14rent or
7e947 9/4r3i4n &0477 1ro.i3e t0e &4i3 6inor c0i73
2it0 t0e 1re&cri5e3 1ri64r- 4n3Ior &econ34r-
e3/c4tion> or
(2) A0ere 4 c0i73B& e617o-6ent or 14rtici14tion in
1/57ic entert4in6ent or in'or64tion t0ro/90
cine64, t0e4ter, r43io or te7e.i&ion i& e&&enti47:
rovided+ T0e e617o-6ent contr4ct i& conc7/3e3
5- t0e c0i73B& 14rent& or 7e947 9/4r3i4n, 2it0 t0e
e;1re&& 49ree6ent o' t0e c0i73 concerne3, i'
1o&&i57e, 4n3 t0e 411ro.47 o' t0e e14rt6ent o'
(45or 4n3 E617o-6ent: 4n3 rovided, T04t t0e
'o77o2in9 re?/ire6ent& in 477 in&t4nce& 4re &trict7-
co617ie3 2it0:
(4) T0e e617o-er &0477 en&/re t0e 1rotection,
0e47t0, &4'et-, 6or47& 4n3 nor647 3e.e7o16ent o'
t0e c0i73>
(5) T0e e617o-er &0477 in&tit/te 6e4&/re& to
1re.ent t0e c0i73B& e;17oit4tion or 3i&cri6in4tion
t48in9 into 4cco/nt t0e &-&te6 4n3 7e.e7 o'
re6/ner4tion, 4n3 t0e 3/r4tion 4n3 4rr4n9e6ent
o' 2or8in9 ti6e> 4n3
(c) T0e e617o-er &0477 'or6/74te 4n3 i617e6ent,
&/5<ect to t0e 411ro.47 4n3 &/1er.i&ion o'
co61etent 4/t0oritie&, 4 contin/in9 1ro9r46 'or
tr4inin9 4n3 &8i77& 4c?/i&ition o' t0e c0i73.
In t0e 45o.e e;ce1tion47 c4&e& 20ere 4n- &/c0
c0i73 64- 5e e617o-e3, t0e e617o-er &0477 'ir&t
&ec/re, 5e'ore en949in9 &/c0 c0i73, 4 2or8 1er6it
'ro6 t0e e14rt6ent o' (45or 4n3 E617o-6ent
20ic0 &0477 en&/re o5&er.4nce o' t0e 45o.e
re?/ire6ent&.
T0e e14rt6ent o' (45or 4n3 E617o-6ent &0477
1ro6/794te r/7e& 4n3 re9/74tion& nece&&4r- 'or
t0e e''ecti.e i617e6ent4tion o' t0i& Section.F

Sec. 2. A77 742&, 3ecree&, e;ec/ti.e or3er&, r/7e&
4n3 re9/74tion& or 14rt& t0ereo' contr4r- to, or
incon&i&tent 2it0 t0i& Act 4re 0ere5- 6o3i'ie3 or
re1e47e3 4ccor3in97-.
Sec. 3. T0i& Act &0477 t48e e''ect 'i'teen (15) 34-&
4'ter it& co617ete 1/57ic4tion in t0e !''ici47
)4=ette or in 4t 7e4&t t2o (2) n4tion47 ne2&141er&
or 9ener47 circ/74tion 20ic0e.er co6e& e4r7ier.

Approved9 No.e65er 9, 1993
d. Allowed Emlo/ment= (e@uirement
Pro!ram Aro,al
9itto Enterrises ,.
9L(C, 4A$ SC(A DAC ("##A)
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e. Terms and Conditions o&
Emlo/ment, Art. D", %4
AT. 3-. Contents of apprenticeship agreements. -
Apprenticeship agreements, including the wage rates
of apprentices, shall conform to the rules issued by
the Secretary of "abor and #mployment. The period
of apprenticeship shall not e*ceed si* months.
Apprenticeship agreements providing for wage rates
below the legal minimum wage, which in no case shall
start below 6/ percent of the applicable minimum
wage, may be entered into only in accordance with
apprenticeship programs duly approved by the
Secretary of "abor and #mployment. The 2epartment
shall develop standard model programs of
apprenticeship. ,As amended by Section -, #*ecutive
'rder +o. ---, 2ecember .0, -8>31.
AT. 6.. Apprentices #ithout compensation. - The
Secretary of "abor and #mployment may authori(e
the hiring of apprentices without compensation whose
training on the job is required by the school or training
program curriculum or as requisite for graduation or
board e*amination.
?. Costs, Art. %"
AT. 6-. Deductibility of training costs. - An additional
deduction from ta*able income of one-half ,-H.1 of the
value of labor training e*penses incurred for developing
the productivity and efficiency of apprentices shall be
granted to the person or enterprise organi(ing an
apprenticeship program; 5rovided, That such program is
duly recogni(ed by the 2epartment of "abor and
#mployment; 5rovided, further, That such deduction shall
not e*ceed ten ,-7K1 percent of direct labor wage; and
5rovided, finally, That the person or enterprise who wishes
to avail himself or itself of this incentive should pay his
apprentices the minimum wage.
C. En&orcement, Arts. DA, DD, D%
AT. 3/. (nvestigation of violation of apprenticeship
agreement. - Bpon complaint of any interested person
or upon its own initiative, the appropriate agency of
the 2epartment of "abor and #mployment or its
authori(ed representative shall investigate any
violation of an apprenticeship agreement pursuant to
such rules and regulations as may be prescribed by
the Secretary of "abor and #mployment.
AT. 33. Appeal to the +ecretary of Labor and
)mployment. - The decision of the authori(ed agency
of the 2epartment of "abor and #mployment may be
appealed by any aggrieved person to the Secretary of
"abor and #mployment within five ,/1 days from
receipt of the decision. The decision of the Secretary
of "abor and #mployment shall be final and
e*ecutory.
AT. 36. )4haustion of administrative remedies. - +o
person shall institute any action for the enforcement
of any apprenticeship agreement or damages for
breach of any such agreement, unless he has
e*hausted all available administrative remedies.
A. Learners
a. 5e6nition, (A %%#D, Sec. C
,n1 F"earnersM refer to persons hired as trainees in semi-
s)ills and other industrial occupations which are non-
apprenticeable. "earnersship programs must be approved
by the Authority<
b. Allowed Emlo/ment, Art. %C (b)
AT. 60. %hen learners may be hired. - "earners may be
employed when no e*perienced wor)ers are available, the
employment of learners is necessary to prevent
curtailment of employment opportunities, and the
employment does not create unfair competition in terms of
labor costs or impair or lower wor)ing standards.
c. Terms and Conditions o&
Emlo/ment, Arts. %A, %D
AT. 6/. Learnership agreement. - Any employer
desiring to employ learners shall enter into a
learnership agreement with them, which agreement
shall include;
,a1 The names and addresses of the learners<
,b1 The duration of the learnership period, which
shall not e*ceed three ,41 months<
,c1 The wages or salary rates of the learners which
shall begin at not less than seventy-five percent
,6/K1 of the applicable minimum wage< and
,d1 A commitment to employ the learners if they so
desire, as regular employees upon completion of
the learnership. All learners who have been allowed
or suffered to wor) during the first two ,.1 months
shall be deemed regular employees if training is
terminated by the employer before the end of the
stipulated period through no fault of the learners.
The learnership agreement shall be subject to
inspection by the Secretary of "abor and
#mployment or his duly authori(ed representative.
AT. 63. Learners in piece#or-. - "earners
employed in piece or incentive-rate jobs during the
training period shall be paid in full for the wor)
done.
D. 5i;erentl/-Abled 2or1er (*andicaed),
(A %4%%
a. 5e6nition, (A %4%%, Sec. C (a) (b) (c) (d)
Sec. 4. e'inition o' Ter6&. J *or 1/r1o&e& o'
t0i& Act, t0e&e ter6& 4re 3e'ine3 4& 'o77o2&:
(4) i&457e3 1er&on& 4re t0o&e &/''erin9 'ro6
re&triction or 3i''erent 45i7itie&, 4& 4 re&/7t o' 4
5uman E Labor ' E Pro&. Battad E Pa!e A#
LAB+( LA2 " (E:'E2E(
6ent47, 10-&ic47 or &en&or- i614ir6ent, to
1er'or6 4n 4cti.it- in t0e 64nner or 2it0in t0e
r4n9e con&i3ere3 nor647 'or 4 0/64n 5ein9>

(5) I614ir6ent i& 4n- 7o&&, 3i6in/tion or
45err4tion o' 1&-c0o7o9ic47, 10-&io7o9ic47, or
4n4to6ic47 &tr/ct/re or '/nction>
(c) i&45i7it- &0477 6e4n 1) 4 10-&ic47 or 6ent47
i614ir6ent t04t &/5&t4nti477- 7i6it& one or 6ore
1&-c0o7o9ic47, 10-&io7o9ic47 or 4n4to6ic47
'/nction o' 4n in3i.i3/47 or 4cti.itie& o' &/c0
in3i.i3/47> 2) 4 recor3 o' &/c0 4n i614ir6ent> or
3) 5ein9 re94r3e3 4& 04.in9 &/c0 4n i614ir6ent>
(3) +4n3ic41 re'er& to 4 3i&43.4nt49e 'or 4 9i.en
in3i.i3/47, re&/7tin9 'ro6 4n i614ir6ent or 4
3i&45i7it-, t04t 7i6it& or 1re.ent& t0e '/nction or
4cti.it-, t04t i& con&i3ere3 nor647 9i.en t0e 49e
4n3 &e; o' t0e in3i.i3/47>
b. Polic/ 5eclaration, (A %4%%, Sec. 4
Sec. 2. ec74r4tion o' #o7ic- J T0e 9r4nt o' t0e
ri90t& 4n3 1ri.i7e9e& 'or 3i&457e3 1er&on& &0477 5e
9/i3e3 5- t0e 'o77o2in9 1rinci17e&:
(4) i&457e3 1er&on& 4re 14rt o' #0i7i11ine
&ociet-, t0/& t0e St4te &0477 9i.e '/77 &/11ort to
t0e i61ro.e6ent o' t0e tot47 2e77%5ein9 o'
3i&457e3 1er&on& 4n3 t0eir inte9r4tion into t0e
64in&tre46 o' &ociet-. To24r3 t0i& en3, t0e St4te
&0477 43o1t 1o7icie& en&/rin9 t0e re045i7it4tion,
&e7'%3e.e7o16ent 4n3 &e7'%re7i4nce o' 3i&457e3
1er&on&. It &0477 3e.e7o1 t0eir &8i77& 4n3 1otenti47&
to en457e t0e6 to co61ete '4.or457- 'or 4.4i7457e
o11ort/nitie&.

(5) i&457e3 1er&on& 04.e t0e &46e ri90t& 4&
ot0er 1eo17e to t48e t0eir 1ro1er 174ce in &ociet-.
T0e- &0o/73 5e 457e to 7i.e 'ree7- 4n3 4&
in3e1en3ent7- 4& 1o&&i57e. T0i& 6/&t 5e t0e
concern o' e.er-one J t0e '46i7-, co66/nit- 4n3
477 9o.ern6ent 4n3 non9o.ern6ent
or94ni=4tion&. i&457e3 1er&on&B ri90t& 6/&t
ne.er 5e 1ercei.e3 4& 2e7'4re &er.ice& 5- t0e
)o.ern6ent.
(c) T0e re045i7it4tion o' t0e 3i&457e3 1er&on& &0477
5e t0e concern o' t0e )o.ern6ent in or3er to
'o&ter t0eir c414cit- to 4tt4in 4 6ore 6e4nin9'/7,
1ro3/cti.e 4n3 &4ti&'-in9 7i'e. To re4c0 o/t to 4
9re4ter n/65er o' 3i&457e3 1er&on&, t0e
re045i7it4tion &er.ice& 4n3 5ene'it& &0477 5e
e;14n3e3 5e-on3 t0e tr43ition47 /r54n%54&e3
center& to co66/nit- 54&e3 1ro9r46&, t04t 2i77
en&/re '/77 14rtici14tion o' 3i''erent &ector& 4&
&/11orte3 5- n4tion47 4n3 7oc47 9o.ern6ent
49encie&.
(3) T0e St4te 47&o reco9ni=e& t0e ro7e o' t0e
1ri.4te &ector in 1ro6otin9 t0e 2e7'4re o'
3i&457e3 1er&on& 4n3 &0477 enco/r49e 14rtner&0i1
in 1ro9r46& t04t 433re&& t0eir nee3& 4n3
concern&.
(e) To '4ci7it4te inte9r4tion o' 3i&457e3 1er&on&
into t0e 64in&tre46 o' &ociet-, t0e St4te &0477
43.oc4te 'or 4n3 enco/r49e re&1ect 'or 3i&457e3
1er&on&. T0e St4te &0477 e;ert 477 e''ort& to
re6o.e 477 &oci47, c/7t/r47, econo6ic,
en.iron6ent47 4n3 4ttit/3in47 54rrier& t04t 4re
1re</3ici47 to 3i&457e3 1er&on&.
c. Co,era!e, (A %4%%, Sec. ?
Sec. 3. Co.er49e. J T0i& Act &0477 co.er 477 3i&457e3
1er&on& 4n3, to t0e e;tent 0erein 1ro.i3e3,
3e14rt6ent&, o''ice& 4n3 49encie& o' t0e N4tion47
)o.ern6ent or non9o.ern6ent or94ni=4tion&
in.o7.e3 in t0e 4tt4in6ent o' t0e o5<ecti.e& o' t0i&
Act.
d. (i!hts and Pri,ile!es, (A %4%%, Secs. A,
D, %
Sec. 5. E?/47 !11ort/nit- 'or E617o-6ent. J No
3i&457e 1er&on &0477 5e 3enie3 4cce&& to
o11ort/nitie& 'or &/it457e e617o-6ent. A ?/47i'ie3
3i&457e3 e617o-ee &0477 5e &/5<ect to t0e &46e
ter6& 4n3 con3ition& o' e617o-6ent 4n3 t0e
&46e co61en&4tion, 1ri.i7e9e&, 5ene'it&, 'rin9e
5ene'it&, incenti.e& or 477o24nce& 4& 4 ?/47i'ie3
457e 5o3ie3 1er&on.
*i.e 1ercent (5K) o' 477 c4&/47 e6er9enc- 4n3
contr4ct/47 1o&ition& in t0e e14rt6ent& o' Soci47
Ae7'4re 4n3 e.e7o16ent> +e47t0> E3/c4tion,
C/7t/re 4n3 S1ort&> 4n3 ot0er 9o.ern6ent
49encie&, o''ice& or cor1or4tion& en949e3 in
&oci47 3e.e7o16ent &0477 5e re&er.e3 'or 3i&457e3
1er&on&.
Sec. 6. S0e7tere3 E617o-6ent J I' &/it457e
e617o-6ent 'or 3i&457e3 1er&on& c4nnot 5e
'o/n3 t0ro/90 o1en e617o-6ent 4& 1ro.i3e3 in
t0e i66e3i4te7- 1rece3in9 Section, t0e St4te &0477
en3e4.or to 1ro.i3e it 5- 6e4n& o' &0e7tere3
e617o-6ent. In t0e 174ce6ent o' 3i&457e3
1er&on& in &0e7tere3 e617o-6ent, it &0477 4ccor3
3/e re94r3 to t0e in3i.i3/47 ?/47itie&, .oc4tion47
9o47& 4n3 inc7in4tion& to en&/re 4 9oo3 2or8in9
4t6o&10ere 4n3 e''icient 1ro3/ction.
Sec. 7. A11rentice&0i1. J S/5<ect to t0e
1ro.i&ion& o' t0e (45or Co3e 4& 46en3e3,
3i&457e3 1er&on& &0477 5e e7i9i57e 4& 411rentice&
or 7e4rner&: #ro.i3e3, T04t t0eir 04n3ic41 i& not
4& 6/c0 4& to e''ecti.e7- i61e3e t0e 1er'or64nce
o' <o5 o1er4tion& in t0e 14rtic/74r occ/14tion 'or
20ic0 t0e- 4re 0ire3> #ro.i3e3, '/rt0er, T04t 4'ter
t0e 741&e o' t0e 1erio3 o' 411rentice&0i1, i' 'o/n3
&4ti&'4ctor- in t0e <o5 1er'or64nce, t0e- &0477 5e
e7i9i57e 'or e617o-6ent.
Bernardo ,. 9L(C ) MEBTC, ?"<
SC(A "$D ("###)
5uman E Labor ' E Pro&. Battad E Pa!e D<
LAB+( LA2 " (E:'E2E(
e. 5iscrimination, (A %4%%, Secs. ?4, ??
Sec. 32. i&cri6in4tion on E617o-6ent. J No
entit-, 20et0er 1/57ic or 1ri.4te, &0477
3i&cri6in4te 494in&t 4 ?/47i'ie3 3i&457e3 1er&on
5- re4&on o' 3i&45i7it- in re94r3 to <o5 4117ic4tion
1roce3/re&, t0e 0irin9, 1ro6otion, or 3i&c04r9e o'
e617o-ee&, e617o-ee co61en&4tion, <o5 tr4inin9,
4n3 ot0er ter6&, con3ition&, 4n3 1ri.i7e9e& o'
e617o-6ent. T0e 'o77o2in9 con&tit/te 4ct& o'
3i&cri6in4tion:
(4) (i6itin9, &e9re94tin9 or c74&&i'-in9 4 3i&457e3
<o5 4117ic4nt in &/c0 4 64nner t04t 43.er&e7-
4''ect& 0i& 2or8 o11ort/nitie&>

(5) "&in9 ?/47i'ic4tion &t4n34r3&, e617o-6ent
te&t& or ot0er &e7ection criteri4 t04t &creen o/t or
ten3 to &creen o/t 4 3i&457e3 1er&on /n7e&& &/c0
&t4n34r3&, te&t& or ot0er &e7ection criteri4 4re
&0o2n to 5e <o5%re74te3 'or t0e 1o&ition in
?/e&tion 4n3 4re con&i&tent 2it0 5/&ine&&
nece&&it->
(c) "ti7i=in9 &t4n34r3&, criteri4, or 6et0o3& o'
436ini&tr4tion t04t:
(1) 04.e t0e e''ect o' 3i&cri6in4tion on t0e 54&i&
o' 3i&45i7it-> or

(2) 1er1et/4te t0e 3i&cri6in4tion o' ot0er& 20o
4re &/5<ect to co66on 436ini&tr4ti.e contro7.
(3) #ro.i3in9 7e&& co61en&4tion, &/c0 4& &474r-,
249e or ot0er 'or6& o' re6/ner4tion 4n3 'rin9e
5ene'it&, to 4 ?/47i'ie3 3i&457e3 e617o-ee, 5-
re4&on o' 0i& 3i&45i7it-, t04n t0e 46o/nt to 20ic0
4 non%3i&457e3 1er&on 1er'or6in9 t0e &46e 2or8
i& entit7e3>

(e) *4.orin9 4 non%3i&457e3 e617o-ee o.er 4
?/47i'ie3 3i&457e3 e617o-ee 2it0 re&1ect to
1ro6otion, tr4inin9 o11ort/nitie&, &t/3- 4n3
&c0o74r&0i1 9r4nt&, &o7e7- on 4cco/nt o' t0e
74tterB& 3i&45i7it->
(') Re%4&&i9nin9 or tr4n&'errin9 4 3i&457e3
e617o-ee to 4 <o5 or 1o&ition 0e c4nnot 1er'or6
5- re4&on o' 0i& 3i&45i7it->
(9) i&6i&&in9 or ter6in4tin9 t0e &er.ice& o' 4
3i&457e3 e617o-ee 5- re4&on o' 0i& 3i&45i7it-
/n7e&& t0e e617o-er c4n 1ro.e t04t 0e i614ir& t0e
&4ti&'4ctor- 1er'or64nce o' t0e 2or8 in.o7.e3 to
t0e 1re</3ice o' t0e 5/&ine&& entit-: #ro.i3e3,
0o2e.er, T04t t0e e617o-er 'ir&t &o/90t to
1ro.i3e re4&on457e 4cco66o34tion& 'or 3i&457e3
1er&on&>
(0) *4i7in9 to &e7ect or 436ini&ter in t0e 6o&t
e''ecti.e 64nner e617o-6ent te&t& 20ic0
4cc/r4te7- re'7ect t0e &8i77&, 41tit/3e or ot0er
'4ctor o' t0e 3i&457e3 4117ic4nt or e617o-ee t04t
&/c0 te&t& 1/r1ort& to 6e4&/re, r4t0er t04n t0e
i614ire3 &en&or-, 64n/47 or &1e48in9 &8i77& o'
&/c0 4117ic4nt or e617o-ee, i' 4n-> 4n3
(i) E;c7/3in9 3i&457e3 1er&on& 'ro6 6e65er&0i1
in 745or /nion& or &i6i74r or94ni=4tion&.
Sec. 33. E617o-6ent Entr4nce E;46in4tion. J
"1on 4n o''er o' e617o-6ent, 4 3i&457e3
4117ic4nt 64- 5e &/5<ecte3 to 6e3ic47
e;46in4tion, on t0e 'o77o2in9 occ4&ion&:
(4) 477 enterin9 e617o-ee& 4re &/5<ecte3 to &/c0
4n e;46in4tion re94r37e&& o' 3i&45i7it->

(5) in'or64tion o5t4ine3 3/rin9 t0e 6e3ic47
con3ition or 0i&tor- o' t0e 4117ic4nt i& co77ecte3
4n3 64int4ine3 on &e14r4te 'or6& 4n3 in &e14r4te
6e3ic47 'i7e& 4n3 i& tre4te3 4& 4 con'i3enti47
6e3ic47 recor3> #ro.i3e3, 0o2e.er, T04t:
(1) &/1er.i&or& 4n3 64n49er& 64- 5e in'or6e3
re94r3in9 nece&&4r- re&triction& on t0e 2or8 or
3/tie& o' t0e e617o-ee& 4n3 nece&&4r-
4cco66o34tion&>

(2) 'ir&t 4i3 4n3 &4'et- 1er&onne7 64- 5e in'or6e3,
20en 411ro1ri4te, i' t0e 3i&45i7it- 64- re?/ire
e6er9enc- tre4t6ent>
(3) 9o.ern6ent o''ici47& in.e&ti94tin9 co617i4nce
2it0 t0i& Act &0477 5e 1ro.i3e3 re7e.4nt
in'or64tion on re?/e&t> 4n3
(4) t0e re&/7t& o' &/c0 e;46in4tion 4re /&e3 on7-
in 4ccor34nce 2it0 t0i& Act.
&. En&orcement, Secs. CC, CA, CD
Sec. 44. En'orce6ent 5- t0e Secret4r- o' C/&tice.
J
(4) eni47 o' Ri90t
(1) /t- to In.e&ti94te J t0e Secret4r- o' C/&tice
&0477 in.e&ti94te 477e9e3 .io74tion& o' t0i& Act, 4n3
&0477 /n3ert48e 1erio3ic re.ie2& o' co617i4nce o'
co.ere3 entitie& /n3er t0i& Act.
(5) #otenti47 @io74tion& J I' t0e Secret4r- o'
C/&tice 04& re4&on457e c4/&e to 5e7ie.e t04t J
(1) 4n- 1er&on or 9ro/1 o' 1er&on& i& en949e3 in
4 14ttern or 1r4ctice o' 3i&cri6in4tion /n3er t0i&
Act> or
5uman E Labor ' E Pro&. Battad E Pa!e D"
LAB+( LA2 " (E:'E2E(

(2) 4n- 1er&on or 9ro/1 or 1er&on& 04& 5een
3i&cri6in4te3 494in&t /n3er t0i& Act 4n3 &/c0
3i&cri6in4tion r4i&e& 4n i&&/e o' 9ener47 1/57ic
i61ort4nce, t0e Secret4r- o' C/&tice 64-
co66ence 4 7e947 4ction in 4n- 411ro1ri4te
co/rt.
Sec. 45. A/t0orit- o' Co/rt. J T0e co/rt 64-
9r4nt 4n- e?/it457e re7ie' t04t &/c0 co/rt
con&i3er& to 5e 411ro1ri4te, inc7/3in9, to t0e
e;tent re?/ire3 5- t0i& Act:
(4) 9r4ntin9 te61or4r-, 1re7i6in4r- or 1er64nent
re7ie'>

(5) 1ro.i3in9 4n 4/;i7i4r- 4i3 or &er.ice,
6o3i'ic4tion o' 1o7ic-, 1r4ctice or 1roce3/re, or
47tern4ti.e 6et0o3> 4n3
(c) 648in9 '4ci7itie& re43i7- 4cce&&i57e to 4n3
/&457e 5- in3i.i3/47& 2it0 3i&45i7itie&.
Sec. 46. #en47 C74/&e. J (4) An- 1er&on 20o
.io74te& 4n- 1ro.i&ion o' t0i& Act &0477 &/''er t0e
'o77o2in9 1en47tie&:
(1) 'or t0e 'ir&t .io74tion, 4 'ine o' not 7e&& t04n
*i't- t0o/&4n3 1e&o& (#50,000.00) 5/t not
e;cee3in9 !ne 0/n3re3 t0o/&4n3 1e&o&
(#100,000.00) or i61ri&on6ent o' not 7e&& t04n &i;
(6) 6ont0& 5/t not 6ore t04n t2o (2) -e4r&, or
5ot0 4t t0e 3i&cretion o' t0e co/rt> 4n3

(2) 'or 4n- &/5&e?/ent .io74tion, 4 'ine o' not 7e&&
t04n !ne 0/n3re3 t0o/&4n3 1e&o& (#100,000.00)
5/t not e;cee3in9 T2o 0/n3re3 t0o/&4n3 1e&o&
(#200,000.00) or i61ri&on6ent 'or not 7e&& t04n
t2o (2) -e4r& 5/t not 6ore t04n &i; (6) -e4r&, or
5ot0 4t t0e 3i&cretion o' t0e co/rt.
(5) An- 1er&on 20o 45/&e& t0e 1ri.i7e9e& 9r4nte3
0erein &0477 5e 1/ni&0e3 2it0 i61ri&on6ent o' not
7e&& t04n &i; (6) 6ont0& or 4 'ine o' not 7e&& t04n
*i.e t0o/&4n3 1e&o& (#5,000.00), 5/t not 6ore
t04n *i't- t0o/&4n3 1e&o& (#50,000.00), or 5ot0, 4t
t0e 3i&cretion o' t0e co/rt.

(c) I' t0e .io74tor i& 4 cor1or4tion, or94ni=4tion or
4n- &i6i74r entit-, t0e o''ici47& t0ereo' 3irect7-
in.o7.e3 &0477 5e 7i457e t0ere'or.
(3) I' t0e .io74tor i& 4n 47ien or 4 'orei9ner, 0e &0477
5e 3e1orte3 i66e3i4te7- 4'ter &er.ice o' &entence
2it0o/t '/rt0er 3e1ort4tion 1rocee3in9&.
9+TES8
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=abo#:
Alien Emlo/ment (e!ulation
(e&erence8 Arts. "4 (e), C<-C4= +mnibus (ules, Boo1
', (ule >':, 5+ "4, "D 9o,. 4<<"= +mnibus .uidelines
&or 'ssuance o& Emlo/ment Permits to Morei!n
9ationals)= Const., Art. >'', Sec. "4
Labor Co"e
Art. "4 (e) To re!ulate the emlo/ment o& aliens,
includin! the establishment o& a re!istration andEor
wor1 ermit s/stem=
A(T. C<. Emplo!ment permit of non"resident aliens. -
An/ alien see1in! admission to the Philiines &or
emlo/ment uroses and an/ domestic or &orei!n
emlo/er who desires to en!a!e an alien &or
emlo/ment in the Philiines shall obtain an
emlo/ment ermit &rom the 5eartment o& Labor.
The emlo/ment ermit ma/ be issued to a non-
resident alien or to the alicant emlo/er a&ter a
determination o& the non-a,ailabilit/ o& a erson in
the Philiines who is cometent, able and willin! at
the time o& alication to er&orm the ser,ices &or
which the alien is desired.
Mor an enterrise re!istered in re&erred areas o&
in,estments, said emlo/ment ermit ma/ be issued
uon recommendation o& the !o,ernment a!enc/
char!ed with the suer,ision o& said re!istered
enterrise.
5uman E Labor ' E Pro&. Battad E Pa!e D4
LAB+( LA2 " (E:'E2E(
A(T. C". Prohi#ition against transfer of emplo!ment.
- (a) A&ter the issuance o& an emlo/ment ermit, the
alien shall not trans&er to another 3ob or chan!e his
emlo/er without rior aro,al o& the Secretar/ o&
Labor.
(b) An/ non-resident alien who shall ta1e u
emlo/ment in ,iolation o& the ro,ision o& this Title
and its imlementin! rules and re!ulations shall be
unished in accordance with the ro,isions o&
Articles 4$# and 4#< o& the Labor Code.
'n addition, the alien wor1er shall be sub3ect to
deortation a&ter ser,ice o& his sentence.
A(T. C4. Su#mission of list. - An/ emlo/er
emlo/in! non-resident &orei!n nationals on the
e;ecti,e date o& this Code shall submit a list o& such
nationals to the Secretar/ o& Labor within thirt/ (?<)
da/s a&ter such date indicatin! their names,
citizenshi, &orei!n and local addresses, nature o&
emlo/ment and status o& sta/ in the countr/. The
Secretar/ o& Labor shall then determine i& the/ are
entitled to an emlo/ment ermit.
O,n$b&s R&#es2 BooB I2 R&#e XI3
(NLE >':
Emlo/ment o& Aliens
SECT'+9 ". Co,era!e. S This (ule shall al/ to all
aliens emlo/ed or see1in! emlo/ment in the
Philiines, and their resent or rosecti,e
emlo/ers.
SECT'+9 4. Submission o& list. S All emlo/ers
emlo/in! &orei!n nationals, whether resident or
non-resident shall submit a list o& such nationals to
the Bureau indicatin! their names, citizenshi,
&orei!n and local addresses= nature o& emlo/ment
and status o& sta/ in the Philiines.
SECT'+9 ?. (e!istration o& resident aliens. S All
emlo/ed resident aliens shall re!ister with the
Bureau under such !uidelines as ma/ be issued b/ it.
SECT'+9 C. Emlo/ment ermit re@uired &or entr/. S
9o alien see1in! emlo/ment, whether on resident or
non-resident status, ma/ enter the Philiines
without 6rst securin! an emlo/ment ermit &rom
the 5eartment o& Labor and Emlo/ment. '& an alien
enters the countr/ under a non-wor1in! ,isa and
wishes to be emlo/ed therea&ter, he ma/ onl/ be
allowed to be emlo/ed uon resentation o& a dul/
aro,ed emlo/ment ermit.
SECT'+9 A. (e@uirements &or emlo/ment ermit
alication. S The alication &or an emlo/ment
ermit shall be accomanied b/ the &ollowin!8
(a) Curriculum ,itae dul/ si!ned b/ the alicant
indicatin! his educational bac1!round, his wor1
e0erience and other data showin! that he
ossesses hi!h technical s1ills in his trade or
ro&ession=
(b) Contract o& emlo/ment between the emlo/er
and the rincial which shall embod/ the &ollowin!,
amon! others8
(") That the non-resident alien wor1er shall coml/
with all alicable laws and rules and re!ulations o&
the Philiines=
(4) That the non-resident alien wor1er and the
emlo/er shall bind themsel,es to train at least two
(4) Miliino understudies &or a eriod to be
determined b/ the Secretar/ o& Labor and
Emlo/ment= and
(?) That he shall not en!a!e in an/ !ain&ul
emlo/ment other than that &or which he was issued
a ermit.
(c) A desi!nation b/ the emlo/er o& at least two (4)
understudies &or e,er/ alien wor1er. Such
understudies must be the most ran1in! re!ular
emlo/ees in the section or deartment &or which
the e0atriates are bein! hired to ensure the actual
trans&er o& technolo!/.
SECT'+9 D. 'ssuances o& emlo/ment ermit. S The
Secretar/ o& Labor and Emlo/ment ma/ issue an
emlo/ment ermit to the alicant based on8
a) Comliance b/ the alicant and his emlo/er
with the re@uirements o& Section 4 hereo&=
b) (eort o& the Bureau 5irector as to the a,ailabilit/
or non-a,ailabilit/ o& an/ erson in the Philiines
who is cometent, able, and willin! to do the 3ob &or
which the ser,ices o& the alicant are desired=
c) *is assessment as to whether or not the
emlo/ment o& the alicant will redound to the
national interest=
d) Admissibilit/ o& the alien as certi6ed b/ the
Commission on 'mmi!ration and 5eortation=
e) The recommendation o& the Board o& 'n,estments
or other aroriate !o,ernment a!encies i& the
alicant will be emlo/ed in re&erred areas o&
in,estments or in accordance with imerati,es o&
economic de,eloments= and
&) Pa/ments o& a P"<<.<< &ee.
SECT'+9 %. 5uration o& emlo/ment ermit. S
Sub3ect to renewal uon showin! o& !ood cause, the
emlo/ment ermit shall be ,alid &or a minimum
eriod o& one (") /ear startin! &rom the date o& its
issuance unless sooner re,o1ed b/ the Secretar/ o&
Labor and Emlo/ment &or ,iolation o& an/ ro,isions
o& the Code or o& these (ules.
SECT'+9 $. Ad,ice to Commission on 'mmi!ration
and 5eortation. S The Bureau shall ad,ice the
Commission on 'mmi!ration and 5eortation on the
issuance o& an emlo/ment ermit to an alicant.
SECT'+9 #. Nnderstud/ Trainin! Pro!ram. S The
emlo/er shall submit a trainin! ro!ram &or his
understudies to the Bureau within thirt/ (?<) da/s
uon arri,al o& the alien wor1ers. The suer,ision o&
the trainin! ro!ram shall be the resonsibilit/ o& the
Bureau and shall be in accordance with standards
established b/ the Secretar/ o& Labor and
Emlo/ment.
O,n$b&s G&$"e#$nes -or Iss&ance o-
E,p#o5,en .er,$s o Fore$'n Na$ona#s CDO
1?2 No6e,ber 1?2 ?881.
5uman E Labor ' E Pro&. Battad E Pa!e D?
LAB+( LA2 " (E:'E2E(
E#ART$ENT !RER N!. 12
(Serie& o' 2001)
.
.
!$NI,"S )"IE(INES *!R T+E ISS"ANCE !*
E$#(!D$ENT #ER$ITS T! *!REI)N
NATI!NA(S.
.
.
#/r&/4nt to t0e 1ro.i&ion& o' Artic7e& 5 4n3 40 o'
#. . 442, 4& 46en3e3, t0e 1ro.i&ion& o' R/7e XI@,
,oo8 I o' it& I617e6entin9 R/7e& 4n3 Re9/74tion&,
Section 17(5), C041ter 4, Tit7e @II o' t0e
A36ini&tr4ti.e Co3e o' 1987, t0e 'o77o2in9
!6ni5/& )/i3e7ine& 'or t0e i&&/4nce o'
E617o-6ent #er6it& 4re 0ere5- 1ro6/794te3:

Rule 0
Coverage and "#emption

1. The follo$ing shall apply for Alien "mployment
ermit 3A"49
1.1. A77 'orei9n n4tion47& &ee8in9 436i&&ion to t0e
#0i7i11ine& 'or t0e 1/r1o&e o' e617o-6ent>

1.2. $i&&ion4rie& or re7i9io/& 2or8er& 20o inten3
to en949e in 94in'/7 e617o-6ent>

1.3. +o73er& o' S1eci47 In.e&tor& Re&i3ent @i&4
(SIR@), S1eci47 Retiree& Re&i3ent @i&4 (SRR@),
Tre4t- Tr43er& @i&4 (93) or S1eci47 Non%i66i9r4nt
@i&4 (47(4)2), 20o occ/1- 4n- e;ec/ti.e, 43.i&or-,
&/1er.i&or-, or tec0nic47 1o&ition in 4n-
e&t457i&06ent>

1.4. A9encie&, or94ni=4tion& or in3i.i3/47&
20et0er 1/57ic or 1ri.4te, 20o &ec/re t0e
&er.ice& o' 'orei9n 1ro'e&&ion47& to 1r4ctice t0eir
1ro'e&&ion& in t0e #0i7i11ine& in t0e #0i7i11ine&
/n3er reci1rocit- 4n3 ot0er intern4tion47
49ree6ent&>

1.5. Non%In3o%C0ine&e Re'/9ee& 20o 4re 4&-7/6
&ee8er& 4n3 9i.en re'/9ee &t4t/& 5- t0e "nite3
N4tion& +i90 Co66i&&ioner on Re'/9ee&
("N+CR) or t0e e14rt6ent o' C/&tice /n3er !C
e14rt6ent !r3er No. 94, &erie& o' 1998>

1.6. Re&i3ent 'orei9n n4tion47& &ee8in9
e617o-6ent in t0e #0i7i11ine&.
:. "#emption. T0e 'o77o2in9 c4te9orie& o' 'orei9n
n4tion47& 4re e;e61t 'ro6 &ec/rin9 4n
e617o-6ent 1er6it in or3er to 2or8 in t0e
#0i7i11ine&.
2.1 A77 6e65er& o' t0e 3i17o64tic &er.ice& 4n3
'orei9n 9o.ern6ent o''ici47& 4ccre3ite3 5- t0e
#0i7i11ine )o.ern6ent>
2.2 !''icer& 4n3 &t4'' o' intern4tion47
or94ni=4tion& o' 20ic0 t0e #0i7i11ine 9o.ern6ent
i& 4 coo1er4tin9 6e65er, 4n3 t0eir 7e9iti64te
&1o/&e 3e&irin9 to 2or8 in t0e #0i7i11ine&>
2.3 *orei9n n4tion47& e7ecte3 4& 6e65er& o' t0e
)o.ernin9 5o4r3 20o 3o not occ/1- 4n- ot0er
1o&ition, 5/t 04.e on7- .otin9 ri90t& in t0e
cor1or4tion> 4n3
2.4 A77 'orei9n n4tion47& 9r4nte3 e;e61tion 5-
&1eci47 742& 4n3 477 ot0er 742& t04t 64- 5e
1ro6/794te3 5- t0e Con9re&&.
Rule 00
rocedures in the rocessing of Applications for
A"

1. A77 'orei9n n4tion47& &ee8in9 e617o-6ent in t0e
#0i7i11ine& /n3er R/7e 1 0ereo' or t0eir
1ro&1ecti.e e617o-er&, &0477 'i7e t0eir
4117ic4tion& 2it0 t0e !(E Re9ion47 !''ice
04.in9 </ri&3iction o.er t0e inten3e3 174ce o'
2or8.
2. &ees % T0e 4117ic4nt &0477 14- 'i7in9, 1/57ic4tion
4n3 1er6it 'ee& in t0e 46o/nt o' Ei90t t0o/&4n3
1e&o& (#8,000.00) 'or e4c0 4117ic4tion 'or AE#
2it0 4 .47i3it- o' one (1) -e4r. T0ree t0o/&4n3
1e&o& (#3,000.00) &0477 5e c04r9e3 'or e.er-
433ition47 -e4r o' .47i3it- or 4 'r4ction t0ereo'.
3. An AE# &0477 5e i&&/e3 54&e3 on t0e 'o77o2in9:
3.1. Co617i4nce 5-e t0e 4117ic4nt e617o-er or t0e
'orei9n n4tion47 2it0 t0e &/5&t4nti.e 4n3
3oc/6ent4r- re?/ire6ent&>

3.2. eter6in4tion o' t0e !(E Secret4r- t04t
t0ere i& no *i7i1ino n4tion47 20o i& co61etent,
457e 4n3 2i77in9 to 3o t0e <o5 'or 20ic0 t0e
&er.ice& o' t0e 4117ic4nt i& 3e&ire3>

3.3. A&&e&&6ent o' t0e !(E Secret4r- t04t t0e
e617o-6ent o' t0e 'orei9n n4tion47 2i77 re3o/n3
to n4tion47 5ene'it>
4. Denial of Application for A" % An 4117ic4tion
'or AE# 64- 5e 3enie3 54&e3 on t0e 9ro/n3 o'
non%co617i4nce 2it0 4n- o' t0e re?/ire6ent& 'or
i&&/4nce o' AE# or 'or 6i&re1re&ent4tion o' '4ct&
in t0e 4117ic4tion or &/56i&&ion o' '47&i'ie3 or
t461ere3 3oc/6ent&.
*orei9n n4tion47& 20o&e 4117ic4tion& 04.e 5een
3enie3 &0477 not 5e 477o2e3 to re%4117- in 4n- o'
t0e !(E Re9ion47 !''ice&.
5. Rene$al of ermit % An 4117ic4tion 'or rene247
o' AE# &0477 5e 'i7e3 4t 7e4&t 'i'teen (15) 34-&
5e'ore it& e;1ir4tion. *or e7ecti.e o''icer&,
4117ic4tion& 'or rene247 &0477 5e 'i7e3 /1on
e7ection or 4t 7e4&t t0irt- (30) 34-& 5e'ore t0e
e''ecti.it- o' t0e 4117ic4ntB& ter6 o' o''ice i' t0e
&/ccee3in9 ter6 o' o''ice i& 4&cert4ine3.

*4i7/re to 'i7e t0e 4117ic4tion 'or rene247 o' 1er6it
2it0in t0e 1re&cri5e3 1erio3 &0477 5e &/5<ect to
'ine& o' *i.e T0o/&4n3 #e&o& (5,000.00), i' 'i7e3
2it0in &i; (6) 6ont0& 4'ter t0e 1re&cri5e3 1erio3
4n3 Ten T0o/&4n3 #e&o& (10,000.00), i' 'i7e3 4'ter
&i; (6) 6ont0&. *4i7/re to rene2 t0e AE# 2it0in
one (1) -e4r 4'ter it& e;1ir4tion &0477 5e 4 c4/&e
'or it& re.oc4tion or c4nce774tion.
6. T0e e617o-er &0477 noti'- t0e !(E%R! 20ic0
i&&/e3 t0e 1er6it o' t0e 34te o' t0e 4&&/61tion to
3/t- o' t0e 'orei9n n4tion47 2it0in t0irt- (30) 34-&
'ro6 i&&/4nce o' t0e 1er6it.
7. 7alidity of ermits % T0e .47i3it- o' 1er6it& &0477
5e 4& 'o77o2&:
5uman E Labor ' E Pro&. Battad E Pa!e DC
LAB+( LA2 " (E:'E2E(
7.1. A& 4 9ener47 r/7e, t0e .47i3it- o' 1er6it& &0477
5e 'or 4 1erio3 o' one (1) -e4r, /n7e&& t0e
e617o-6ent contr4ct, con&/7t4nc- &er.ice&, or
ot0er 6o3e& o' en949e6ent or ter6 o' o''ice 'or
e7ecti.e o''icer&, 1ro.i3e& 'or 4 7on9er 1erio3.

7.2. T0e e''ecti.it- o' t0e rene247 &0477 5e on t0e
34- 4'ter t0e e;1ir4tion o' t0e 1re.io/& 1er6it,
re94r37e&& o' 20et0er or not t0e rene247 i&
9r4nte3 5e'ore or 4'ter t0e e;1ir4tion o' t0e
1re.io/& 1er6it.

7.3. A& 4 9ener47 r/7e, t0e 1er6it& &0477 5e .47i3
on7- 'or t0e 1o&ition 4n3 t0e e617o-er 'or 20ic0 it
24& i&&/e3, e;ce1t in c4&e o' 'orei9n n4tion47&
20o 4re 0o73er& o' 6/7ti17e 1o&ition& in one
cor1or4tion, 20ere one AE# &0477 5e .47i3 'or
&/c0 6/7ti17e 1o&ition&.

7.4. T0e 1er6it& o' re&i3ent 'orei9n n4tion47& &0477
5e .47i3 'or 6/7ti17e e617o-er&, re94r37e&& o' t0e
n4t/re 4n3 3/r4tion o' t0eir e617o-6ent,
1ro.i3e3 t04t t0e- &0477 re1ort c04n9e& in t0eir
e617o-6ent &t4t/& 4n3 t0e i3entit- o' t0eir
e617o-er& to t0e !(E Re9ion47 !''ice 20ic0 04&
i&&/e3 t0e 1er6it.
Rule 000
Revocation;Cancellation of "mployment ermits
0ssued

1. T0e 1er6it& i&&/e3 64-, motu proprio or /1on
4 1etition, 5e c4nce77e3 or re.o8e3 54&e3 on 4n-
o' t0e 'o77o2in9 9ro/n3&:
1.1 $i&re1re&ent4tion o' '4ct& or '47&i'ic4tion o'
t0e 3oc/6ent& &/56itte3>

1.2 T0e 'orei9n n4tion47 04& 5een 3ec74re3 4& 4n
/n3e&ir457e 47ien 5- co61etent 4/t0oritie&>

1.3 Non%co617i4nce 2it0 t0e con3ition& 'or 20ic0
t0e AE# 24& i&&/e3>

1.4 *4i7/re to rene2 AE# 2it0in one (1) -e4r 4'ter
it& e;1ir4tion.
2. #etition& 'or c4nce774tion or re.oc4tion o'
1er6it& i&&/e3 &0477 5e re&o7.e3 2it0in t0irt- (30)
c47en34r& 'ro6 recei1t t0ereo'.
3. An- 499rie.e3 14rt- 64- 'i7e 4 $otion 'or
Recon&i3er4tion 4n3Ior A11e47 4n3 t0e &46e &0477
5e re&o7.e3 54&e3 on #4r49r410 4 o' t0i& R/7e.
4. Remedies in Case of Denial or Cancellation % A
$otion 'or Recon&i3er4tion 64-5e 'i7e3 5- 4n
499rie.e3 14rt- 2it0in &e.en (7) c47en34r 34-&
4'ter recei1t o' t0e !r3er o' eni47IC4nce774tion.
T0e !(E Re9ion47 irector &0477 re&o7.e t0e &4i3
$otion 'or Recon&i3er4tion 2it0in ten (10)
c47en34r 34-& 'ro6 recei1t t0ereo'.
A 6otion 'or Recon&i3er4tion 'i7e3 4'ter t0e 1erio3
o' &e.en (7) c47en34r 34-& 5/t 2it0in ten (10)
c47en34r 34-& 4'ter recei1t o' t0e 3eni47 &0477 5e
tre4te3 4& 4n 411e47.
An 411e47 'ro6 t0e 3eci&ion o' t0e !(E Re9ion47
irector 64- 5e 'i7e3 2it0 t0e Secret4r- o' 745or
4n3 E617o-6ent 2it0in ten (10) c47en34r 34-&
'ro6 recei1t o' 4n !r3er 'ro6 t0e !(E Re9ion47
irector. T0e 3eci&ion o' t0e Secret4r- o' (45or
4n3 E617o-6ent &0477 5e 'in47 4n3 /n411e47457e.

Rule 07
enal and Transitory rovisions

1. T0e !(E Re9ion47 irector&, 4'ter 3/e notice
4n3 0e4rin9, &0477 04.e t0e 1o2er to or3er 4n3
i61o&e 4 'ine o' *i.e T0o/&4n3 #e&o& (#5,000.00)
on 'orei9n n4tion47& 'o/n3 2or8in9 2it0o/t 4n
AE# 'or 7e&& t04n one (1) -e4r 4n3 Ten T0o/&4n3
#e&o& (#10,000.00) 'or 6ore t04n one (1) -e4r.
2. A77 4117ic4tion& 'or e617o-6ent
1er6itIcerti'ic4te& 1en3in9 4t t0e !(E%R! /1on
t0e e''ecti.it- o' t0e&e )/i3e7ine& &0477 5e
co.ere3 4n3 1roce&&e3 /n3er t0e 1ro.i&ion& o'
t0e&e )/i3e7ine&.
3. +o73er& o' 1ro.i&ion47 4n3 e;ten3e3 AE#&
i&&/e3 /n3er $e6or4n3/6 34te3 24 A/9/&t 2001
re94r3in9 A7tern4ti.e Interi6 $e4&/re& 'or t0e
I&&/4nce o' A7ien E617o-6ent #er6it&, &0477
4117- 'or 4n AE# 1/r&/4nt to t0e&e )/i3e7ine& on
or 5e'ore t0e e;1ir4tion o' t0e 1ro.i&ion47 4n3
e;ten3e3 AE#.
4. *orei9n n4tion47& 20o 4re 47re43- 2or8in9 in
t0e co/ntr- 4n3 20o 04.e not -et &ec/re3 t0e
re?/i&ite e617o-6ent 1er6it &0477 04.e ninet-
(90) 34-& 'ro6 t0e e''ecti.it- o' t0e&e )/i3e7ine&
to &ec/re t0e &4i3 e617o-6ent 1er6it 2it0o/t
1en47t-.
Rule 7
.iscellaneous rovisions

1. .anual of -perations. % T0e ,/re4/ o' (oc47
E617o-6ent &0477 i&&/e 4 $4n/47 o' !1er4tion& to
i617e6ent t0e 1ro.i&ion& o' t0e&e )/i3e7ine&.
2. !eparability Clause. % I' 4n- 1ro.i&ion or 14rt o'
t0i& e14rt6ent !r3er or t0e 4117ic4tion t0ereo'
to 4n- 1er&on or circ/6&t4nce i& 0e73 in.47i3 5-
t0e Co/rt&, t0e re64inin9 .47i3 1ro.i&ion& o' t0i&
e14rt6ent !r3er &0477 not 5e 4''ecte3.
3. Repealing Clause. % A77 9/i3e7ine&, r/7e& 4n3
re9/74tion& 4n3 49ree6ent& incon&i&tent 0ere2it0
4re 0ere5- re1e47e3 or 6o3i'ie3 4ccor3in97-.
4. "ffectivity. % T0e&e 9/i3e7ine& &0477 t48e e''ect
'i'teen (15) 34-& 4'ter it& 1/57ic4tion in t2o (2)
ne2&141er& o' 9ener47 circ/74tion.
Cons$&$on2 Ar. XII2 Sec. 1?
Section 12. The State shall promote the preferential
use of Cilipino labor, domestic materials and locally
produced goods, and adopt measures that help ma)e
them competitive.
F. Con"$$ons o- WorB
5uman E Labor ' E Pro&. Battad E Pa!e DA
LAB+( LA2 " (E:'E2E(
(e&erence8 Arts. $4-#<= +mnibus (ules, Boo1 ''',
(ules l, lA, ll
Title !
A'O!+: C'+2!T!'+S
A+2 #ST 5#!'2S

Chapter !
9'BS 'C A'O

AT. >.. Coverage. - The provisions of this Title shall
apply to employees in all establishments and
underta)ings whether for profit or not, but not to
government employees, managerial employees, field
personnel, members of the family of the employer
who are dependent on him for support, domestic
helpers, persons in the personal service of another,
and wor)ers who are paid by results as determined by
the Secretary of "abor in appropriate regulations.
As used herein, "managerial employees" refer to
those whose primary duty consists of the
management of the establishment in which they are
employed or of a department or subdivision thereof,
and to other officers or members of the managerial
staff.
"1ield personnel" shall refer to non-agricultural
employees who regularly perform their duties away
from the principal place of business or branch office of
the employer and whose actual hours of wor) in the
field cannot be determined with reasonable certainty.
AT. >4. Normal hours of #or-. - The normal hours of
wor) of any employee shall not e*ceed eight ,>1 hours
a day.
9ealth personnel in cities and municipalities with a
population of at least one million ,-,777,7771 or in
hospitals and clinics with a bed capacity of at least
one hundred ,-771 shall hold regular office hours for
eight ,>1 hours a day, for five ,/1 days a wee),
e*clusive of time for meals, e*cept where the
e*igencies of the service require that such personnel
wor) for si* ,31 days or forty-eight ,0>1 hours, in which
case, they shall be entitled to an additional
compensation of at least thirty percent ,47K1 of their
regular wage for wor) on the si*th day. Cor purposes
of this Article, "health personnel" shall include resident
physicians, nurses, nutritionists, dietitians,
pharmacists, social wor)ers, laboratory technicians,
paramedical technicians, psychologists, midwives,
attendants and all other hospital or clinic personnel.
AT. >0. 5ours #or-ed. - 9ours wor)ed shall include
,a1 all time during which an employee is required to
be on duty or to be at a prescribed wor)place< and ,b1
all time during which an employee is suffered or
permitted to wor).
est periods of short duration during wor)ing hours
shall be counted as hours wor)ed.
AT. >/. 'eal periods. - Subject to such regulations
as the Secretary of "abor may prescribe, it shall be
the duty of every employer to give his employees not
less than si*ty ,371 minutes time-off for their regular
meals.
AT. >3. Night shift differential. - #very employee
shall be paid a night shift differential of not less than
ten percent ,-7K1 of his regular wage for each hour of
wor) performed between ten o?cloc) in the evening
and si* o?cloc) in the morning.
AT. >6. &vertime #or-. - Aor) may be performed
beyond eight ,>1 hours a day provided that the
employee is paid for the overtime wor), an additional
compensation equivalent to his regular wage plus at
least twenty-five percent ,./K1 thereof. Aor)
performed beyond eight hours on a holiday or rest
day shall be paid an additional compensation
equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent ,47K1
thereof.
AT. >>. 3ndertime not offset by overtime. -
Bndertime wor) on any particular day shall not be
offset by overtime wor) on any other day. 5ermission
given to the employee to go on leave on some other
day of the wee) shall not e*empt the employer from
paying the additional compensation required in this
Chapter.
AT. >8. )mergency overtime #or-. - Any employee
may be required by the employer to perform overtime
wor) in any of the following cases;chan robles virtual
law library
,a1 Ahen the country is at war or when any other
national or local emergency has been declared by the
+ational Assembly or the Chief #*ecutive<
,b1 Ahen it is necessary to prevent loss of life or
property or in case of imminent danger to public
safety due to an actual or impending emergency in
the locality caused by serious accidents, fire, flood,
typhoon, earthqua)e, epidemic, or other disaster or
calamity<
,c1 Ahen there is urgent wor) to be performed on
machines, installations, or equipment, in order to
avoid serious loss or damage to the employer or
some other cause of similar nature<
,d1 Ahen the wor) is necessary to prevent loss or
damage to perishable goods< and
,e1 Ahere the completion or continuation of the wor)
started before the eighth hour is necessary to prevent
serious obstruction or prejudice to the business or
operations of the employer.
Any employee required to render overtime wor) under
this Article shall be paid the additional compensation
required in this Chapter.
AT. 87. Computation of additional compensation. -
Cor purposes of computing overtime and other
additional remuneration as required by this Chapter,
the "regular #age" of an employee shall include the
cash wage only, without deduction on account of
facilities provided by the employer.
5uman E Labor ' E Pro&. Battad E Pa!e DD
LAB+( LA2 " (E:'E2E(
&''O T9##
Conditions of #mployment
B"# !
9ours of Aor)
S#CT!'+ -. :eneral statement on coverage. E The
provisions of this ule shall apply to all employees in
all establishments and underta)ings, whether
operated for profit or not, e*cept to those specifically
e*empted under Section . hereof.
S#CT!'+ .. #*emption. E The provisions of this
ule shall not apply to the following persons if they
qualify for e*emption under the conditions set forth
herein;
,a1 :overnment employees whether employed by the
+ational :overnment or any of its political
subdivision, including those employed in government-
owned andHor controlled corporations<
,b1 =anagerial employees, if they meet all of the
following conditions;
,-1 Their primary duty consists of the management of
the establishment in which they are employed or of a
department or sub-division thereof.
,.1 They customarily and regularly direct the wor) of
two or more employees therein.
,41 They have the authority to hire or fire employees
of lower ran)< or their suggestions and
recommendations as to hiring and firing and as to the
promotion or any other change of status of other
employees, are given particular weight.
,c1 'fficers or members of a managerial staff if they
perform the following duties and responsibilities;
,-1 The primary duty consists of the performance of
wor) directly related to management policies of their
employer<
,.1 Customarily and regularly e*ercise discretion and
independent judgment< and
,41 ,i1 egularly and directly assist a proprietor or a
managerial employee whose primary duty consists of
the management of the establishment in which he is
employed or subdivision thereof< or ,ii1 e*ecute under
general supervision wor) along speciali(ed or
technical lines requiring special training, e*perience,
or )nowledge< or ,iii1 e*ecute, under general
supervision, special assignments and tas)s< and
,01 Aho do not devote more than .7 percent of their
hours wor)ed in a wor) wee) to activities which are
not directly and closely related to the performance of
the wor) described in paragraphs ,-1, ,.1 and ,41
above.
,d1 2omestic servants and persons in the personal
service of another if they perform such services in the
employerJs home which are usually necessary or
desirable for the maintenance and enjoyment thereof,
or minister to the personal comfort, convenience, or
safety of the employer as well as the members of his
employerJs household.
,e1 Aor)ers who are paid by results, including those
who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas)
basis, and other non-time wor) if their output rates are
in accordance with the standards prescribed under
Section >, ule D!!, &oo) Three of these regulations,
or where such rates have been fi*ed by the Secretary
of "abor and #mployment in accordance with the
aforesaid Section.
,f1 +on-agricultural field personnel if they regularly
perform their duties away from the principal or branch
office or place of business of the employer and whose
actual hours of wor) in the field cannot be determined
with reasonable certainty.
S#CT!'+ 4. 9ours wor)ed. E The following shall be
considered as compensable hours wor)ed;
,a1 All time during which an employee is required to
be on duty or to be at the employerJs premises or to
be at a prescribed wor) place< and
,b1 All time during which an employee is suffered or
permitted to wor).
S#CT!'+ 0. 5rinciples in determining hours wor)ed.
E The following general principles shall govern in
determining whether the time spent by an employee is
considered hours wor)ed for purposes of this ule;
,a1 All hours are hours wor)ed which the employee is
required to give his employer, regardless of whether
or not such hours are spent in productive labor or
involve physical or mental e*ertion.
,b1 An employee need not leave the premises of the
wor) place in order that his rest period shall not be
counted, it being enough that he stops wor)ing, may
rest completely and may leave his wor) place, to go
elsewhere, whether within or outside the premises of
his wor) place.
,c1 !f the wor) performed was necessary, or it
benefited the employer, or the employee could not
abandon his wor) at the end of his normal wor)ing
hours because he had no replacement, all time spent
for such wor) shall be considered as hours wor)ed, if
the wor) was with the )nowledge of his employer or
immediate supervisor.
,d1 The time during which an employee is inactive by
reason of interruptions in his wor) beyond his control
shall be considered wor)ing time either if the
imminence of the resumption of wor) requires the
employeeJs presence at the place of wor) or if the
interval is too brief to be utili(ed effectively and
gainfully in the employeeJs own interest.
S#CT!'+ /. Aaiting time. E ,a1 Aaiting time spent
by an employee shall be considered as wor)ing time if
5uman E Labor ' E Pro&. Battad E Pa!e D%
LAB+( LA2 " (E:'E2E(
waiting is an integral part of his wor) or the employee
is required or engaged by the employer to wait.
,b1 An employee who is required to remain on call in
the employerJs premises or so close thereto that he
cannot use the time effectively and gainfully for his
own purpose shall be considered as wor)ing while on
call. An employee who is not required to leave word at
his home or with company officials where he may be
reached is not wor)ing while on call.
S#CT!'+ 3. "ectures, meetings, training programs.
E Attendance at lectures, meetings, training
programs, and other similar activities shall not be
counted as wor)ing time if all of the following
conditions are met;
,a1 Attendance is outside of the employeeJs regular
wor)ing hours<
,b1 Attendance is in fact voluntary< and
,c1 The employee does not perform any productive
wor) during such attendance.
S#CT!'+ 6. =eal and est 5eriods. E #very
employer shall give his employees, regardless of se*,
not less than one ,-1 hour time-off for regular meals,
e*cept in the following cases when a meal period of
not less than twenty ,.71 minutes may be given by the
employer provided that such shorter meal period is
credited as compensable hours wor)ed of the
employee;
,a1 Ahere the wor) is non-manual wor) in nature or
does not involve strenuous physical e*ertion<
,b1 Ahere the establishment regularly operates not
less than si*teen ,-31 hours a day<
,c1 !n case of actual or impending emergencies or
there is urgent wor) to be performed on machineries,
equipment or installations to avoid serious loss which
the employer would otherwise suffer< and
,d1 Ahere the wor) is necessary to prevent serious
loss of perishable goods.
est periods or coffee brea)s running from five ,/1 to
twenty ,.71 minutes shall be considered as
compensable wor)ing time.
S#CT!'+ >. 'vertime pay. E Any employee covered
by this ule who is permitted or required to wor)
beyond eight ,>1 hours on ordinary wor)ing days shall
be paid an additional compensation for the overtime
wor) in the amount equivalent to his regular wage
plus at least twenty-five percent ,./K1 thereof.
S#CT!'+ 8. 5remium and overtime pay for holiday
and rest day wor). E ,a1 #*cept employees referred
to under Section . of this ule, an employee who is
permitted or suffered to wor) on special holidays or
on his designated rest days not falling on regular
holidays, shall be paid with an additional
compensation as premium pay of not less than thirty
percent ,47K1 of his regular wage. Cor wor)
performed in e*cess of eight ,>1 hours on special
holidays and rest days not falling on regular holidays,
an employee shall be paid an additional
compensation for the overtime wor) equivalent to his
rate for the first eight hours on a special holiday or
rest day plus at least thirty percent ,47K1 thereof.
,b1 #mployees of public utility enterprises as well as
those employed in non-profit institutions and
organi(ations shall be entitled to the premium and
overtime pay provided herein, unless they are
specifically e*cluded from the coverage of this ule
as provided in Section . hereof.
,c1 The payment of additional compensation for wor)
performed on regular holidays shall be governed by
ule !D, &oo) Three, of these ules.
S#CT!'+ -7. Compulsory overtime wor). E !n any of
the following cases, an employer may require any of
his employees to wor) beyond eight ,>1 hours a day,
provided that the employee required to render
overtime wor) is paid the additional compensation
required by these regulations;
,a1 Ahen the country is at war or when any other
national or local emergency has been declared by
Congress or the Chief #*ecutive<
,b1 Ahen overtime wor) is necessary to prevent loss
of life or property, or in case of imminent danger to
public safety due to actual or impending emergency in
the locality caused by serious accident, fire, floods,
typhoons, earthqua)e, epidemic or other disaster or
calamities<
,c1 Ahen there is urgent wor) to be performed on
machines, installations, or equipment, in order to
avoid serious loss or damage to the employer or
some other causes of similar nature<
,d1 Ahen the wor) is necessary to prevent loss or
damage to perishable goods<
,e1 Ahen the completion or continuation of wor)
started before the >th hour is necessary to prevent
serious obstruction or prejudice to the business or
operations of the employer< or
,f1 Ahen overtime wor) is necessary to avail of
favorable weather or environmental conditions where
performance or quality of wor) is dependent thereon.
!n cases not falling within any of these enumerated in
this Section, no employee may be made to wor)
beyond eight hours a day against his will.
B"# !-A
9ours of Aor) of 9ospital and Clinic 5ersonnel
S#CT!'+ -. :eneral statement on coverage. E This
ule shall apply to;
5uman E Labor ' E Pro&. Battad E Pa!e D$
LAB+( LA2 " (E:'E2E(
,a1 All hospitals and clinics, including those with a bed
capacity of less than one hundred ,-771 which are
situated in cities or municipalities with a population of
one million or more< and
,b1 All hospitals and clinics with a bed capacity of at
least one hundred ,-771, irrespective of the si(e of the
population of the city or municipality where they may
be situated.
S#CT!'+ .. 9ospitals or clinics within the meaning of
this ule. E The terms MhospitalsM and MclinicsM as
used in this ule shall mean a place devoted primarily
to the maintenance and operation of facilities for the
diagnosis, treatment and care of individuals suffering
from illness, disease, injury, or deformity, or in need of
obstetrical or other medical and nursing care. #ither
term shall also be construed as any institution,
building, or place where there are installed beds, or
cribs, or bassinets for twenty-four ,.01 hours use or
longer by patients in the treatment of disease, injuries,
deformities, or abnormal physical and mental states,
maternity cases or sanitorial care< or infirmaries,
nurseries, dispensaries, and such other similar names
by which they may be designated.
S#CT!'+ 4. 2etermination of bed capacity and
population. E ,a1 Cor purposes of determining the
applicability of this ule, the actual bed capacity of
the hospital or clinic at the time of such determination
shall be considered, regardless of the actual or bed
occupancy. The bed capacity of hospital or clinic as
determined by the &ureau of =edical Services
pursuant to epublic Act +o. 0..3, otherwise )nown
as the 9ospital "icensure Act, shall prima facie be
considered as the actual bed capacity of such hospital
or clinic.
,b1 The si(e of the population of the city or
municipality shall be determined from the latest official
census issued by the &ureau of the Census and
Statistics.
S#CT!'+ 0. 5ersonnel covered by this ule. E This
ule applies to all persons employed by any private
or public hospital or clinic mentioned in Section -
hereof, and shall include, but not limited to, resident
physicians, nurses, nutritionists, dieticians,
pharmacists, social wor)ers, laboratory technicians
paramedical technicians, psychologists, midwives,
and attendants.
S#CT!'+ /. egular wor)ing hours. E The regular
wor)ing hours of any person covered by this ule
shall not be more than eight ,>1 hours in any one day
nor more than forty ,071 hours in any one wee).
Cor purposes of this ule a MdayM shall mean a wor)
day of twenty-four ,.01 consecutive hours beginning
at the same time each calendar year. A Mwee)M shall
mean the wor) of -3> consecutive hours, or seven
consecutive .0-hour wor) days, beginning at the
same hour and on the same calendar day each
calendar wee).
S#CT!'+ 3. egular wor)ing days. E The regular
wor)ing days of covered employees shall not be more
than five days in a wor) wee). The wor) wee) may
begin at any hour and on any day, including Saturday
or Sunday, designated by the employer.
#mployers are not precluded from changing the time
at which the wor) day or wor) wee) begins, provided
that the change is not intended to evade the
requirements of this ule.
S#CT!'+ 6. 'vertime wor). E Ahere the e*igencies
of the service so require as determined by the
employer, any employee covered by this ule may be
scheduled to wor) for more than five ,/1 days or forty
,071 hours a wee), provided that the employee is paid
for the overtime wor) an additional compensation
equivalent to his regular wage plus at least thirty
percent ,47K1 thereof, subject to the provisions of this
&oo) on the payment of additional compensation for
wor) performed on special and regular holidays and
on rest days.
S#CT!'+ >. 9ours wor)ed. E !n determining the
compensable hours of wor) of hospital and clinic
personnel covered by this ule, the pertinent
provisions of ule - of this &oo) shall apply.
S#CT!'+ 8. Additional compensation. E 9ospital
and clinic personnel covered by this ule, with the
e*ception of those employed by the :overnment,
shall be entitled to an additional compensation for
wor) performed on regular and special holidays and
rest days as provided in this &oo). Such employees
shall also be entitled to overtime pay for services
rendered in e*cess of forty hours a wee), or in e*cess
of eight hours a day, whichever will yield the higher
additional compensation to the employee in the wor)
wee).
S#CT!'+ -7. elation to ule !. E All provisions of
ule ! of this &oo) which are not inconsistent with this
ule shall be deemed applicable to hospital and clinic
personnel.
B"# !!
+ight Shift 2ifferential
S#CT!'+ -. Coverage. E This ule shall apply to all
employees e*cept;
,a1 Those of the government and any of its political
subdivisions, including government-owned andHor
controlled corporations<
,b1 Those of retail and service establishments
regularly employing not more than five ,/1 wor)ers<
,c1 2omestic helpers and persons in the personal
service of another<
,d1 =anagerial employees as defined in &oo) Three
of this Code<
,e1 Cield personnel and other employees whose time
and performance is unsupervised by the employer
including those who are engaged on tas) or contract
basis, purely commission basis, or those who are paid
5uman E Labor ' E Pro&. Battad E Pa!e D#
LAB+( LA2 " (E:'E2E(
a fi*ed amount for performing wor) irrespective of the
time consumed in the performance thereof.
S#CT!'+ .. +ight shift differential. E An employee
shall be paid night shift differential of no less than ten
per cent ,-7K1 of his regular wage for each hour of
wor) performed between ten oJcloc) in the evening
and si* oJcloc) in the morning.
S#CT!'+ 4. Additional compensation. E Ahere an
employee is permitted or suffered to wor) on the
period covered after his wor) schedule, he shall be
entitled to his regular wage plus at least twenty-five
per cent ,./K1 and an additional amount of no less
than ten per cent ,-7K1 of such overtime rate for each
hour or wor) performed between -7 p.m. to 3 a.m.
S#CT!'+ 0. Additional compensation on scheduled
rest dayHspecial holiday. E An employee who is
required or permitted to wor) on the period covered
during rest days andHor special holidays not falling on
regular holidays, shall be paid a compensation
equivalent to his regular wage plus at least thirty
,47K1 per cent and an additional amount of not less
than ten ,-7K1 per cent of such premium pay rate for
each hour of wor) performed.
S#CT!'+ /. Additional compensation on regular
holidays. E Cor wor) on the period covered during
regular holidays, an employee shall be entitled to his
regular wage during these days plus an additional
compensation of no less than ten ,-7K1 per cent of
such premium rate for each hour of wor) performed.
S#CT!'+ 3. elation to agreements. E +othing in
this ule shall justify an employer in withdrawing or
reducing any benefits, supplements or payments as
provided in e*isting individual or collective
agreements or employer practice or policy.
". *ours o& 2or1
a. (e!ulation= (ationale
Fanila Terminal Co. 'nc. ,. C'(,
#" Phil. D4A ("#A4)
b. Co,era!eEE0emtions, Art. $4, 4%D=
(ule l, Sec.s "-C
(See Abo,e)
") .o,ernment Emlo/ees, Const., Art. '>-B,
Sec. 4(")
AT!C"# !$ % &. T9# C!D!" S#D!C#
C'==!SS!'+
Section 2. (1) The civil service embraces all
branches, subdivisions, instrumentalities, and
agencies of the :overnment, including government-
owned or controlled corporations with original
charters.
4) Fana!erial Emlo/ees, Art. $4= (ule ', Sec.
4 (b)
(c)
,b1 =anagerial employees, if they meet all of the
following conditions;
,-1 Their primary duty consists of the management of
the establishment in which they are employed or of a
department or sub-division thereof.
,.1 They customarily and regularly direct the wor) of
two or more employees therein.
,41 They have the authority to hire or fire employees
of lower ran)< or their suggestions and
recommendations as to hiring and firing and as to the
promotion or any other change of status of other
employees, are given particular weight.
,c1 'fficers or members of a managerial staff if they
perform the following duties and responsibilities;
,-1 The primary duty consists of the performance of
wor) directly related to management policies of their
employer<
,.1 Customarily and regularly e*ercise discretion and
independent judgment< and
,41 ,i1 egularly and directly assist a proprietor or a
managerial employee whose primary duty consists of
the management of the establishment in which he is
employed or subdivision thereof< or ,ii1 e*ecute under
general supervision wor) along speciali(ed or
technical lines requiring special training, e*perience,
or )nowledge< or ,iii1 e*ecute, under general
supervision, special assignments and tas)s< and
,01 Aho do not devote more than .7 percent of their
hours wor)ed in a wor) wee) to activities which are
not directly and closely related to the performance of
5uman E Labor ' E Pro&. Battad E Pa!e %<
LAB+( LA2 " (E:'E2E(
the wor) described in paragraphs ,-1, ,.1 and ,41
above.
Asia Paci6c Christenin!, 'nc. ,. Marolan, ?#? SC(A CAC
(4<<C)
Charlito PeWranda ,. Ba!an!a Pl/wood Cor., et al.,
..(. "A#A%%, Fa/ ?, 4<<D
?) Mield Personnel, Art. $4= (ule ', Sec. 4 (&)
Ferdicar Mishin! Cor ,. 9L(C,
4#% SC(A CC< ("##$)
Auto Bus Transort S/stems,
'nc. ,. Bautista, CA$ SC(A A%$ (4<<A)
5uman E Labor ' E Pro&. Battad E Pa!e %"
LAB+( LA2 " (E:'E2E(
C) 5eendent Mamil/ Fembers
A) 5omestic *elers, Art. "C", "CA= (ule ', Sec. 4 (d)
Chater '''
EFPL+XFE9T +M *+NSE*ELPE(S
A(T. "C". Co$erage. - This Chater shall al/ to all
ersons renderin! ser,ices in households &or
comensation.
%&omestic or household ser$ice% shall mean ser,ice
in the emlo/erIs home which is usuall/ necessar/ or
desirable &or the maintenance and en3o/ment thereo&
and includes ministerin! to the ersonal com&ort and
con,enience o& the members o& the emlo/erIs
household, includin! ser,ices o& &amil/ dri,ers.
A(T. "CA. Assignment to non"household 'or(. - 9o
househeler shall be assi!ned to wor1 in a
commercial, industrial or a!ricultural enterrise at a
wa!e or salar/ rate lower than that ro,ided &or
a!ricultural or non-a!ricultural wor1ers as rescribed
herein.
,d1 2omestic servants and persons in the personal
service of another if they perform such services in the
employerJs home which are usually necessary or
desirable for the maintenance and enjoyment thereof,
or minister to the personal comfort, convenience, or
safety of the employer as well as the members of his
employerJs household.
D) Persons in the Personal Ser,ice o& Another, (ule ',
Sec. 4 (d)
,d1 2omestic servants and persons in the personal
service of another if they perform such services in the
employerJs home which are usually necessary or
desirable for the maintenance and enjoyment thereof,
or minister to the personal comfort, convenience, or
safety of the employer as well as the members of his
employerJs household.
%) Piece 2or1ers, (ule ', Sec. 4 (e)
,e1 Aor)ers who are paid by results, including those
who are paid on piece-wor), Mta)ay,M Mpa)iaoM or tas)
basis, and other non-time wor) if their output rates are
in accordance with the standards prescribed under
Section >, ule D!!, &oo) Three of these regulations,
or where such rates have been fi*ed by the Secretary
of "abor and #mployment in accordance with the
aforesaid Section.
Labor Con!ress ,. 9L(C,
4#< SC(A A<# ("##$)
c. 9ormal *ours o& 2or1, Art. $?
A(T. $?. )ormal hours of 'or(. - The normal hours o&
wor1 o& an/ emlo/ee shall not e0ceed ei!ht ($)
hours a da/.
*ealth ersonnel in cities and municialities with a
oulation o& at least one million (",<<<,<<<) or in
hositals and clinics with a bed caacit/ o& at least
one hundred ("<<) shall hold re!ular oBce hours &or
ei!ht ($) hours a da/, &or 6,e (A) da/s a wee1,
e0clusi,e o& time &or meals, e0cet where the
e0i!encies o& the ser,ice re@uire that such ersonnel
wor1 &or si0 (D) da/s or &ort/-ei!ht (C$) hours, in
which case, the/ shall be entitled to an additional
comensation o& at least thirt/ ercent (?<T) o& their
re!ular wa!e &or wor1 on the si0th da/. Mor uroses
o& this Article, %health personnel% shall include
resident h/sicians, nurses, nutritionists, dietitians,
harmacists, social wor1ers, laborator/ technicians,
aramedical technicians, s/cholo!ists, midwi,es,
attendants and all other hosital or clinic ersonnel.
d. Comensable *ours o& 2or1 Q 'n
!eneral
") +n 5ut/, Art. $C (a)= (ule ', Sec. ? (a), Sec. C
(a)
A(T. $C. *ours 'or(ed. - *ours wor1ed shall include
(a) all time durin! which an emlo/ee is re@uired to
be on dut/ or to be at a rescribed wor1lace= and
(b) all time durin! which an emlo/ee is su;ered or
ermitted to wor1.
(est eriods o& short duration durin! wor1in! hours
shall be counted as hours wor1ed.
S#CT!'+ 4. 9ours wor)ed. E The following shall be
considered as compensable hours wor)ed;
,a1 All time during which an employee is required to
be on duty or to be at the employerJs premises or to
be at a prescribed wor) place< and
S#CT!'+ 0. 5rinciples in determining hours wor)ed.
E The following general principles shall govern in
determining whether the time spent by an employee is
considered hours wor)ed for purposes of this ule;
,a1 All hours are hours wor)ed which the employee is
required to give his employer, regardless of whether
5uman E Labor ' E Pro&. Battad E Pa!e %4
LAB+( LA2 " (E:'E2E(
or not such hours are spent in productive labor or
involve physical or mental e*ertion.
?) At 2or1, Art. $C (b)= (ule ', Sec. ? (b)
A(T. $C. *ours 'or(ed. - *ours wor1ed shall include
(a) all time durin! which an emlo/ee is re@uired to
be on dut/ or to be at a rescribed wor1lace= and
(b) all time durin! which an emlo/ee is su;ered or
ermitted to wor1.
Sec. 4,b1 All time during which an employee is
suffered or permitted to wor).
e. Seci6c (ules
") (est Period
a) Short 5uration or JCo;ee Brea1R, Art. $C, 4
nd
ar.=
Boo1 ''', (ule ', Sec. %, 4
nd
ar.
(est eriods o& short duration durin! wor1in! hours
shall be counted as hours wor1ed.
SECT'+9 %. Feal and (est Periods. S E,er/ emlo/er
shall !i,e his emlo/ees, re!ardless o& se0, not less
than one (") hour time-o; &or re!ular meals, e0cet
in the &ollowin! cases when a meal eriod o& not less
than twent/ (4<) minutes ma/ be !i,en b/ the
emlo/er ro,ided that such shorter meal eriod is
credited as comensable hours wor1ed o& the
emlo/ee8
(est eriods or co;ee brea1s runnin! &rom 6,e (A) to
twent/ (4<) minutes shall be considered as
comensable wor1in! time.
b) Fore than 4< min., (ules ', Sec. C (b)
SECT'+9 C. Princiles in determinin! hours
wor1ed. S The &ollowin! !eneral rinciles shall
!o,ern in determinin! whether the time sent b/ an
emlo/ee is considered hours wor1ed &or uroses o&
this (ule8
(b) An emlo/ee need not lea,e the remises o&
the wor1 lace in order that his rest eriod shall not
be counted, it bein! enou!h that he stos wor1in!,
ma/ rest comletel/ and ma/ lea,e his wor1 lace,
to !o elsewhere, whether within or outside the
remises o& his wor1 lace.
4) Feal Period
a) (e!ular Feal Period (+ne *our), Art. $A= (ule ', Sec. %,
"
st
ar.
A(T. $A. Meal periods. - Sub3ect to such re!ulations
as the Secretar/ o& Labor ma/ rescribe, it shall be
the dut/ o& e,er/ emlo/er to !i,e his emlo/ees not
less than si0t/ (D<) minutes time-o; &or their re!ular
meals.
SECT'+9 %. Feal and (est Periods. S E,er/ emlo/er
shall !i,e his emlo/ees, re!ardless o& se0, not less
than one (") hour time-o; &or re!ular meals, e0cet
in the &ollowin! cases when a meal eriod o& not less
than twent/ (4<) minutes ma/ be !i,en b/ the
emlo/er ro,ided that such shorter meal eriod is
credited as comensable hours wor1ed o& the
emlo/ee8
Philiine Airlines, 'nc. ,. 9L(C, ?<4 SC(A A$4 ("###)
b) Shorter Feal Period (Less than +ne *our, but 9ot
Less than 4< min.), (ule ', Sec. %, "
st
ar.
(See Abo,e)
C) 2aitin! Time, (ule ', Sec. A (a)
SECT'+9 A. 2aitin! time. S (a) 2aitin! time sent b/
an emlo/ee shall be considered as wor1in! time i&
waitin! is an inte!ral art o& his wor1 or the
emlo/ee is re@uired or en!a!ed b/ the emlo/er to
wait.
Arica ,. 9L(C, "%< SC(A
%%D ("#$#)
C) +n Call, (ule ', Sec. A (b)
b) An emlo/ee who is re@uired to remain on call in
the emlo/erYs remises or so close thereto that he
cannot use the time e;ecti,el/ and !ain&ull/ &or his
own urose shall be considered as wor1in! while on
call. An emlo/ee who is not re@uired to lea,e word
at his home or with coman/ oBcials where he ma/
be reached is not wor1in! while on call.
5uman E Labor ' E Pro&. Battad E Pa!e %?
LAB+( LA2 " (E:'E2E(
A) 'nacti,e due to 2or1 'nterrutions, Boo1 ''', (ule
', Sec. C (d)
SECT'+9 C. Princiles in determinin! hours wor1ed.
S The &ollowin! !eneral rinciles shall !o,ern in
determinin! whether the time sent b/ an emlo/ee
is considered hours wor1ed &or uroses o& this (ule8
(d) The time durin! which an emlo/ee is inacti,e b/
reason o& interrutions in his wor1 be/ond his control
shall be considered wor1in! time either i& the
imminence o& the resumtion o& wor1 re@uires the
emlo/eeYs resence at the lace o& wor1 or i& the
inter,al is too brie& to be utilized e;ecti,el/ and
!ain&ull/ in the emlo/eeYs own interest.
Nni,ersit/ o& Pan!asinan
Macult/ Nnion ,. Nni,ersit/ o& Pan!asinan, "4% SC(A
D#" ("#$C)
D) 2or1 a&ter 9ormal *ours, (ule ', Sec. C (c)
(c) '& the wor1 er&ormed was necessar/, or it
bene6ted the emlo/er, or the emlo/ee could not
abandon his wor1 at the end o& his normal wor1in!
hours because he had no relacement, all time sent
&or such wor1 shall be considered as hours wor1ed, i&
the wor1 was with the 1nowled!e o& his emlo/er or
immediate suer,isor.
%) Lectures, Feetin!s, Trainin! Pro!rams, (ule ', Sec.
D
SECT'+9 D. Lectures, meetin!s, trainin! ro!rams. S
Attendance at lectures, meetin!s, trainin! ro!rams,
and other similar acti,ities shall not be counted as
wor1in! time i& all o& the &ollowin! conditions are
met8
(a) Attendance is outside o& the emlo/eeYs re!ular
wor1in! hours=
(b) Attendance is in &act ,oluntar/= and
(c) The emlo/ee does not er&orm an/ roducti,e
wor1 durin! such attendance.
$) Tra,el Time
(ada ,. 9L(C, 4<A SC(A
D# ("##4)
&. +,ertime 2or1 Pa/, Arts. $%-#<= (ule ', Secs. $-""
A(T. $%. +$ertime 'or(. - 2or1 ma/ be er&ormed
be/ond ei!ht ($) hours a da/ ro,ided that the
emlo/ee is aid &or the o,ertime wor1, an
additional comensation e@ui,alent to his re!ular
wa!e lus at least twent/-6,e ercent (4AT)
thereo&. 2or1 er&ormed be/ond ei!ht hours on a
holida/ or rest da/ shall be aid an additional
comensation e@ui,alent to the rate o& the 6rst
ei!ht hours on a holida/ or rest da/ lus at least
thirt/ ercent (?<T) thereo&.
A(T. $$. ,ndertime not o-set #! o$ertime. -
Nndertime wor1 on an/ articular da/ shall not be
o;set b/ o,ertime wor1 on an/ other da/.
Permission !i,en to the emlo/ee to !o on lea,e
on some other da/ o& the wee1 shall not e0emt
the emlo/er &rom a/in! the additional
comensation re@uired in this Chater.
A(T. $#. Emergenc! o$ertime 'or(. - An/
emlo/ee ma/ be re@uired b/ the emlo/er to
er&orm o,ertime wor1 in an/ o& the &ollowin!
cases8chan robles ,irtual law librar/
(a) 2hen the countr/ is at war or when an/ other
national or local emer!enc/ has been declared b/
the 9ational Assembl/ or the Chie& E0ecuti,e=
(b) 2hen it is necessar/ to re,ent loss o& li&e or
roert/ or in case o& imminent dan!er to ublic
sa&et/ due to an actual or imendin! emer!enc/ in
the localit/ caused b/ serious accidents, 6re, Oood,
t/hoon, earth@ua1e, eidemic, or other disaster
or calamit/=
(c) 2hen there is ur!ent wor1 to be er&ormed on
machines, installations, or e@uiment, in order to
a,oid serious loss or dama!e to the emlo/er or
some other cause o& similar nature=
(d) 2hen the wor1 is necessar/ to re,ent loss or
dama!e to erishable !oods= and
(e) 2here the comletion or continuation o& the
wor1 started be&ore the ei!hth hour is necessar/ to
re,ent serious obstruction or re3udice to the
business or oerations o& the emlo/er.
An/ emlo/ee re@uired to render o,ertime wor1
under this Article shall be aid the additional
comensation re@uired in this Chater.
A(T. #<. Computation of additional compensation. -
Mor uroses o& comutin! o,ertime and other
additional remuneration as re@uired b/ this
5uman E Labor ' E Pro&. Battad E Pa!e %C
LAB+( LA2 " (E:'E2E(
Chater, the %regular 'age% o& an emlo/ee shall
include the cash wa!e onl/, without deduction on
account o& &acilities ro,ided b/ the emlo/er.
(NLE '
SECT'+9 $. +,ertime a/. S An/ emlo/ee co,ered
b/ this (ule who is ermitted or re@uired to wor1
be/ond ei!ht ($) hours on ordinar/ wor1in! da/s
shall be aid an additional comensation &or the
o,ertime wor1 in the amount e@ui,alent to his
re!ular wa!e lus at least twent/-6,e ercent (4AT)
thereo&.
SECT'+9 #. Premium and o,ertime a/ &or holida/
and rest da/ wor1. S (a) E0cet emlo/ees re&erred
to under Section 4 o& this (ule, an emlo/ee who is
ermitted or su;ered to wor1 on secial holida/s or
on his desi!nated rest da/s not &allin! on re!ular
holida/s, shall be aid with an additional
comensation as remium a/ o& not less than thirt/
ercent (?<T) o& his re!ular wa!e. Mor wor1
er&ormed in e0cess o& ei!ht ($) hours on secial
holida/s and rest da/s not &allin! on re!ular holida/s,
an emlo/ee shall be aid an additional
comensation &or the o,ertime wor1 e@ui,alent to his
rate &or the 6rst ei!ht hours on a secial holida/ or
rest da/ lus at least thirt/ ercent (?<T) thereo&.
(b) Emlo/ees o& ublic utilit/ enterrises as well as
those emlo/ed in non-ro6t institutions and
or!anizations shall be entitled to the remium and
o,ertime a/ ro,ided herein, unless the/ are
seci6call/ e0cluded &rom the co,era!e o& this (ule
as ro,ided in Section 4 hereo&.
(c) The a/ment o& additional comensation &or wor1
er&ormed on re!ular holida/s shall be !o,erned b/
(ule ':, Boo1 Three, o& these (ules.
SECT'+9 "<. Comulsor/ o,ertime wor1. S 'n an/ o&
the &ollowin! cases, an emlo/er ma/ re@uire an/ o&
his emlo/ees to wor1 be/ond ei!ht ($) hours a da/,
ro,ided that the emlo/ee re@uired to render
o,ertime wor1 is aid the additional comensation
re@uired b/ these re!ulations8
(a) 2hen the countr/ is at war or when an/ other
national or local emer!enc/ has been declared b/
Con!ress or the Chie& E0ecuti,e=
(b) 2hen o,ertime wor1 is necessar/ to re,ent loss
o& li&e or roert/, or in case o& imminent dan!er to
ublic sa&et/ due to actual or imendin! emer!enc/
in the localit/ caused b/ serious accident, 6re, Ooods,
t/hoons, earth@ua1e, eidemic or other disaster or
calamities=
(c) 2hen there is ur!ent wor1 to be er&ormed on
machines, installations, or e@uiment, in order to
a,oid serious loss or dama!e to the emlo/er or
some other causes o& similar nature=
(d) 2hen the wor1 is necessar/ to re,ent loss or
dama!e to erishable !oods=
(e) 2hen the comletion or continuation o& wor1
started be&ore the $th hour is necessar/ to re,ent
serious obstruction or re3udice to the business or
oerations o& the emlo/er= or
(&) 2hen o,ertime wor1 is necessar/ to a,ail o&
&a,orable weather or en,ironmental conditions where
er&ormance or @ualit/ o& wor1 is deendent thereon.
'n cases not &allin! within an/ o& these enumerated in
this Section, no emlo/ee ma/ be made to wor1
be/ond ei!ht hours a da/ a!ainst his will.
") +,ertime in +rdinar/ 2or1in! 5a/, Art. $%=
(ule ', Sec. $
4) Emer!enc/ or Comulsor/ +,ertime 2or1,
Art. $#
?) Nndertime 2or1ELea,e, Art. $$
C) Additional Comensation, Art. $%
A) 9o Comutation Mormula Basic Contract
Fanila Terminal Co., 'nc. ,.
C'(, supra
D) Proo& o& 2or1EEmlo/er +bli!ation
Social Securit/ S/stem ,.
Court o& Aeals, ?C$ SC(A " (4<<<)
5uman E Labor ' E Pro&. Battad E Pa!e %A
LAB+( LA2 " (E:'E2E(
!. 9i!htwor1, Art. $D= (ule '', Secs. "-D
A(T. $D. )ight shift di-erential. - E,er/ emlo/ee
shall be aid a ni!ht shi&t di;erential o& not less than
ten ercent ("<T) o& his re!ular wa!e &or each hour
o& wor1 er&ormed between ten oIcloc1 in the
e,enin! and si0 oIcloc1 in the mornin!.
SECT'+9 ". .eneral statement on co,era!e. S This
(ule shall al/ to all emlo/ers whether oeratin!
&or ro6t or not, includin! ublic utilities oerated b/
ri,ate ersons.
SECT'+9 4. Business on Sunda/sE*olida/s. S All
establishments and enterrises ma/ oerate or oen
&or business on Sunda/s and holida/s ro,ided that
the emlo/ees are !i,en the wee1l/ rest da/ and the
bene6ts as ro,ided in this (ule.
SECT'+9 ?. 2ee1l/ rest da/. S E,er/ emlo/er shall
!i,e his emlo/ees a rest eriod o& not less than
twent/-&our (4C) consecuti,e hours a&ter e,er/ si0
consecuti,e normal wor1 da/s.
SECT'+9 C. Pre&erence o& emlo/ee. S The
re&erence o& the emlo/ee as to his wee1l/ da/ o&
rest shall be resected b/ the emlo/er i& the same
is based on reli!ious !rounds. The emlo/ee shall
ma1e 1nown his re&erence to the emlo/er in
writin! at least se,en (%) da/s be&ore the desired
e;ecti,it/ o& the initial rest da/ so re&erred.
2here, howe,er, the choice o& the emlo/ee as to
his rest da/ based on reli!ious !rounds will ine,itabl/
result in serious re3udice or obstruction to the
oerations o& the underta1in! and the emlo/er
cannot normall/ be e0ected to resort to other
remedial measures, the emlo/er ma/ so schedule
the wee1l/ rest da/ o& his choice &or at least two (4)
da/s in a month.
SECT'+9 A. Schedule o& rest da/. S (a) 2here the
wee1l/ rest is !i,en to all emlo/ees simultaneousl/,
the emlo/er shall ma1e 1nown such rest eriod b/
means o& a written notice osted consicuousl/ in
the wor1 lace at least one wee1 be&ore it becomes
e;ecti,e.
(b) 2here the rest eriod is not !ranted to all
emlo/ees simultaneousl/ and collecti,el/, the
emlo/er shall ma1e 1nown to the emlo/ees their
resecti,e schedules o& wee1l/ rest throu!h written
notices osted consicuousl/ in the wor1 lace at
least one wee1 be&ore the/ become e;ecti,e.
SECT'+9 D. 2hen wor1 on rest da/ authorized. S An
emlo/er ma/ re@uire an/ o& his emlo/ees to wor1
on his scheduled rest da/ &or the duration o& the
&ollowin! emer!encies and e0cetional conditions8
(a) 'n case o& actual or imendin! emer!encies
caused b/ serious accident, 6re, Oood, t/hoon,
earth@ua1e, eidemic or other disaster or calamit/,
to re,ent loss o& li&e or roert/, or in cases o& &orce
ma3eure or imminent dan!er to ublic sa&et/=
(b) 'n case o& ur!ent wor1 to be er&ormed on
machineries, e@uiment or installations to a,oid
serious loss which the emlo/er would otherwise
su;er=
(c) 'n the e,ent o& abnormal ressure o& wor1 due to
secial circumstances, where the emlo/er cannot
ordinaril/ be e0ected to resort to other measures=
(d) To re,ent serious loss o& erishable !oods=
(e) 2here the nature o& the wor1 is such that the
emlo/ees ha,e to wor1 continuousl/ &or se,en (%)
da/s in a wee1 or more, as in the case o& the crew
members o& a ,essel to comlete a ,o/a!e and in
other similar cases= and
(&) 2hen the wor1 is necessar/ to a,ail o& &a,orable
weather or en,ironmental conditions where
er&ormance or @ualit/ o& wor1 is deendent thereon.
9o emlo/ee shall be re@uired a!ainst his will to
wor1 on his scheduled rest da/ e0cet under
circumstances ro,ided in this Section8 Pro,ided,
*owe,er, that where an emlo/ee ,olunteers to wor1
on his rest da/ under other circumstances, he shall
e0ress such desire in writin!, sub3ect to the
ro,isions o& Section % hereo& re!ardin! additional
comensation.
") Co,era!eEE0clusion
, (ule '', Sec. "
4) Additional
Comensation, Art. $D
Shell +il Co. o& the
Philiines, Ltd. ,. 9ational Labor Nnion, $" Phil. ?"A
("#C$)
4. 2ee1l/ rest Periods
(e&erence8 Arts. #"-#?= +mnibus (ules,
Boo1 ''', (ule ''', Secs. "-#
Chater ''
2EEULX (EST PE('+5S
A(T. #". .ight to 'ee(l! rest da!. - (a) 't shall be the
dut/ o& e,er/ emlo/er, whether oeratin! &or ro6t
or not, to ro,ide each o& his emlo/ees a rest eriod
o& not less than twent/-&our (4C) consecuti,e hours
a&ter e,er/ si0 (D) consecuti,e normal wor1 da/s.
(b) The emlo/er shall determine and schedule the
wee1l/ rest da/ o& his emlo/ees sub3ect to
collecti,e bar!ainin! a!reement and to such rules
and re!ulations as the Secretar/ o& Labor and
Emlo/ment ma/ ro,ide. *owe,er, the emlo/er
shall resect the re&erence o& emlo/ees as to their
5uman E Labor ' E Pro&. Battad E Pa!e %D
LAB+( LA2 " (E:'E2E(
wee1l/ rest da/ when such re&erence is based on
reli!ious !rounds.
A(T. #4. /hen emplo!er ma! re0uire 'or( on a rest
da!. - The emlo/er ma/ re@uire his emlo/ees to
wor1 on an/ da/8
(a) 'n case o& actual or imendin! emer!encies
caused b/ serious accident, 6re, Oood, t/hoon,
earth@ua1e, eidemic or other disaster or calamit/ to
re,ent loss o& li&e and roert/, or imminent dan!er
to ublic sa&et/=
(b) 'n cases o& ur!ent wor1 to be er&ormed on the
machiner/, e@uiment, or installation, to a,oid
serious loss which the emlo/er would otherwise
su;er=
(c) 'n the e,ent o& abnormal ressure o& wor1 due to
secial circumstances, where the emlo/er cannot
ordinaril/ be e0ected to resort to other measures=
(d) To re,ent loss or dama!e to erishable !oods=
(e) 2here the nature o& the wor1 re@uires continuous
oerations and the stoa!e o& wor1 ma/ result in
irrearable in3ur/ or loss to the emlo/er= and
(&) Nnder other circumstances analo!ous or similar to
the &ore!oin! as determined b/ the Secretar/ o&
Labor and Emlo/ment.
A(T. #?. Compensation for rest da!, Sunda! or
holida! 'or(. - (a) 2here an emlo/ee is made or
ermitted to wor1 on his scheduled rest da/, he shall
be aid an additional comensation o& at least thirt/
ercent (?<T) o& his re!ular wa!e. An emlo/ee shall
be entitled to such additional comensation &or wor1
er&ormed on Sunda/ onl/ when it is his established
rest da/.chan robles ,irtual law librar/
(b) 2hen the nature o& the wor1 o& the emlo/ee is
such that he has no re!ular wor1da/s and no re!ular
rest da/s can be scheduled, he shall be aid an
additional comensation o& at least thirt/ ercent
(?<T) o& his re!ular wa!e &or wor1 er&ormed on
Sunda/s and holida/s.
(c) 2or1 er&ormed on an/ secial holida/ shall be
aid an additional comensation o& at least thirt/
ercent (?<T) o& the re!ular wa!e o& the emlo/ee.
2here such holida/ wor1 &alls on the emlo/eeIs
scheduled rest da/, he shall be entitled to an
additional comensation o& at least 6&t/ er cent
(A<T) o& his re!ular wa!e.
(d) 2here the collecti,e bar!ainin! a!reement or
other alicable emlo/ment contract stiulates the
a/ment o& a hi!her remium a/ than that
rescribed under this Article, the emlo/er shall a/
such hi!her rate.
2ee1l/ (est Periods
SECT'+9 ". .eneral statement on co,era!e. S This
(ule shall al/ to all emlo/ers whether oeratin!
&or ro6t or not, includin! ublic utilities oerated b/
ri,ate ersons.
SECT'+9 4. Business on Sunda/sE*olida/s. S All
establishments and enterrises ma/ oerate or oen
&or business on Sunda/s and holida/s ro,ided that
the emlo/ees are !i,en the wee1l/ rest da/ and the
bene6ts as ro,ided in this (ule.
SECT'+9 ?. 2ee1l/ rest da/. S E,er/ emlo/er shall
!i,e his emlo/ees a rest eriod o& not less than
twent/-&our (4C) consecuti,e hours a&ter e,er/ si0
consecuti,e normal wor1 da/s.
SECT'+9 C. Pre&erence o& emlo/ee. S The
re&erence o& the emlo/ee as to his wee1l/ da/ o&
rest shall be resected b/ the emlo/er i& the same
is based on reli!ious !rounds. The emlo/ee shall
ma1e 1nown his re&erence to the emlo/er in
writin! at least se,en (%) da/s be&ore the desired
e;ecti,it/ o& the initial rest da/ so re&erred.
2here, howe,er, the choice o& the emlo/ee as to
his rest da/ based on reli!ious !rounds will ine,itabl/
result in serious re3udice or obstruction to the
oerations o& the underta1in! and the emlo/er
cannot normall/ be e0ected to resort to other
remedial measures, the emlo/er ma/ so schedule
the wee1l/ rest da/ o& his choice &or at least two (4)
da/s in a month.
SECT'+9 A. Schedule o& rest da/. S (a) 2here the
wee1l/ rest is !i,en to all emlo/ees simultaneousl/,
the emlo/er shall ma1e 1nown such rest eriod b/
means o& a written notice osted consicuousl/ in
the wor1 lace at least one wee1 be&ore it becomes
e;ecti,e.
(b) 2here the rest eriod is not !ranted to all
emlo/ees simultaneousl/ and collecti,el/, the
emlo/er shall ma1e 1nown to the emlo/ees their
resecti,e schedules o& wee1l/ rest throu!h written
notices osted consicuousl/ in the wor1 lace at
least one wee1 be&ore the/ become e;ecti,e.
SECT'+9 D. 2hen wor1 on rest da/ authorized. S An
emlo/er ma/ re@uire an/ o& his emlo/ees to wor1
on his scheduled rest da/ &or the duration o& the
&ollowin! emer!encies and e0cetional conditions8
(a) 'n case o& actual or imendin! emer!encies
caused b/ serious accident, 6re, Oood, t/hoon,
earth@ua1e, eidemic or other disaster or calamit/,
to re,ent loss o& li&e or roert/, or in cases o& &orce
ma3eure or imminent dan!er to ublic sa&et/=
(b) 'n case o& ur!ent wor1 to be er&ormed on
machineries, e@uiment or installations to a,oid
serious loss which the emlo/er would otherwise
su;er=
(c) 'n the e,ent o& abnormal ressure o& wor1 due to
secial circumstances, where the emlo/er cannot
ordinaril/ be e0ected to resort to other measures=
(d) To re,ent serious loss o& erishable !oods=
(e) 2here the nature o& the wor1 is such that the
emlo/ees ha,e to wor1 continuousl/ &or se,en (%)
da/s in a wee1 or more, as in the case o& the crew
members o& a ,essel to comlete a ,o/a!e and in
other similar cases= and
5uman E Labor ' E Pro&. Battad E Pa!e %%
LAB+( LA2 " (E:'E2E(
(&) 2hen the wor1 is necessar/ to a,ail o& &a,orable
weather or en,ironmental conditions where
er&ormance or @ualit/ o& wor1 is deendent thereon.
9o emlo/ee shall be re@uired a!ainst his will to
wor1 on his scheduled rest da/ e0cet under
circumstances ro,ided in this Section8 Pro,ided,
*owe,er, that where an emlo/ee ,olunteers to wor1
on his rest da/ under other circumstances, he shall
e0ress such desire in writin!, sub3ect to the
ro,isions o& Section % hereo& re!ardin! additional
comensation.
SECT'+9 %. Comensation on rest
da/ESunda/Eholida/. S (a) E0cet those emlo/ees
re&erred to under Section 4, (ule ', Boo1 Three, an
emlo/ee who is made or ermitted to wor1 on his
scheduled rest da/ shall be aid with an additional
comensation o& at least ?<T o& his re!ular wa!e. An
emlo/ee shall be entitled to such additional
comensation &or wor1 er&ormed on a Sunda/ onl/
when it is his established rest da/.
(b) 2here the nature o& the wor1 o& the emlo/ee is
such that he has no re!ular wor1 da/s and no re!ular
rest da/s can be scheduled, he shall be aid an
additional comensation o& at least ?<T o& his
re!ular wa!e &or wor1 er&ormed on Sunda/s and
holida/s.
(c) 2or1 er&ormed on an/ secial holida/ shall be
aid with an additional comensation o& at least ?<T
o& the re!ular wa!e o& the emlo/ees. 2here such
holida/ wor1 &alls on the emlo/eeYs scheduled rest
da/, he shall be entitled to additional comensation
o& at least A<T o& his re!ular wa!e.
(d) The a/ment o& additional comensation &or wor1
er&ormed on re!ular holida/ shall be !o,erned b/
(ule ':, Boo1 Three, o& these re!ulations.
(e) 2here the collecti,e bar!ainin! a!reement or
other alicable emlo/ment contract stiulates the
a/ment o& a hi!her remium a/ than that
rescribed under this Section, the emlo/er shall a/
such hi!her rate.
SECT'+9 $. Paid-o; da/s. S 9othin! in this (ule shall
3usti&/ an emlo/er in reducin! the comensation o&
his emlo/ees &or the unwor1ed Sunda/s, holida/s,
or other rest da/s which are considered aid-o; da/s
or holida/s b/ a!reement or ractice subsistin! uon
the e;ecti,it/ o& the Code.
SECT'+9 #. (elation to a!reements. S 9othin!
herein shall re,ent the emlo/er and his emlo/ees
or their reresentati,es in enterin! into an/
a!reement with terms more &a,orable to the
emlo/ees than those ro,ided herein, or be used to
diminish an/ bene6t !ranted to the emlo/ees under
e0istin! laws, a!reements, and ,oluntar/ emlo/er
ractices.
a. Co,era!e, Art. $4, #"= (ule ''', Sec.
"
A(T. $4. Co$erage. - The ro,isions o& this Title shall
al/ to emlo/ees in all establishments and
underta1in!s whether &or ro6t or not, but not to
!o,ernment emlo/ees, mana!erial emlo/ees, 6eld
ersonnel, members o& the &amil/ o& the emlo/er
who are deendent on him &or suort, domestic
helers, ersons in the ersonal ser,ice o& another,
and wor1ers who are aid b/ results as determined
b/ the Secretar/ o& Labor in aroriate re!ulations.
As used herein, %managerial emplo!ees% re&er to
those whose rimar/ dut/ consists o& the
mana!ement o& the establishment in which the/ are
emlo/ed or o& a deartment or subdi,ision thereo&,
and to other oBcers or members o& the mana!erial
sta;.
%Field personnel% shall re&er to non-a!ricultural
emlo/ees who re!ularl/ er&orm their duties awa/
&rom the rincial lace o& business or branch oBce
o& the emlo/er and whose actual hours o& wor1 in
the 6eld cannot be determined with reasonable
certaint/.
b. 5etermination= comulsor/ 2or1=
Comensation, Arts. #", #4
Fanila Electric Co. ,.
Public Ntilities Emlo/ees Assn, %# Phil. C<#
c. Premium Pa/, Art. #? #a) (b) (c)
d. CBA on *i!her Premium Pa/, Art.
#? (d)
?. *olida/s
(e&erence8 art. #C= E0ecuti,e +rder 4<? ("#$%)=
+mnibus (ules, Boo1 ''', (ule ':
Chater '''
*+L'5AXS, SE(:'CE '9CE9T':E LEA:ES
A95 SE(:'CE C*A(.ES
5uman E Labor ' E Pro&. Battad E Pa!e %$
LAB+( LA2 " (E:'E2E(
A(T. #C. .ight to holida! pa!. - (a) E,er/ wor1er shall
be aid his re!ular dail/ wa!e durin! re!ular
holida/s, e0cet in retail and ser,ice establishments
re!ularl/ emlo/in! less than ten ("<) wor1ers=
(b) The emlo/er ma/ re@uire an emlo/ee to wor1
on an/ holida/ but such emlo/ee shall be aid a
comensation e@ui,alent to twice his re!ular rate=
and
(c) As used in this Article, %holida!% includes8 9ew
XearIs 5a/, Faund/ Thursda/, .ood Mrida/, the ninth
o& Aril, the 6rst o& Fa/, the twel&th o& June, the
&ourth o& Jul/, the thirtieth o& 9o,ember, the twent/-
6&th and thirtieth o& 5ecember and the da/
desi!nated b/ law &or holdin! a !eneral election.
EXEC"TI@E !RER N!. 203 C/ne 30, 1987
#R!@IIN) A (IST !* RE)"(AR +!(IADS AN
S#ECIA( ADS T! ,E !,SER@E T+R!")+!"T
T+E #+I(I##INES AN *!R !T+ER #"R#!SES
A9##AS, a Cabinet Assistance Secretariat
Committee was constituted to review all e*isting
public holidays<
A9##AS, there are too many holidays being
observed which has caused confusion among the
public.
+'A, T9##C'#, !, C'AP'+ C. ALB!+',
5resident of the 5hilippines, do hereby order;
Sec. -. Bnless otherwise modified by law, order or
proclamation, the following regular holidays and
special days shall be observed in this country;
A. egular 9olidays
+ew IearJs 2ay @anuary
=aundy Thursday =ovable date
:ood Criday =ovable date
Araw ng Oagitingan
,&ataan and Corregidor
2ay1
April 8
"abor 2ay =ay -
!ndependence 2ay @une -.
+ational 9eroes 2ay "ast Sunday of
August
&onifacio 2ay +ovember 47
Christmas 2ay 2ecember ./
i(al 2ay 2ecember 47
&. +ationwide Special 2ays
All Saints 2ay +ovember -
"ast 2ay of the Iear 2ecember 4-
Sec. .. 9enceforth, the terms Mlegal or regular
holidayM and Mspecial holidayM, as used in laws,
orders, rules and regulations or other issuances shall
now be referred to as Mregular holidayM and Mspecial
dayM, respectively.
Sec. 4. All laws, orders, issuances, rules and
regulations or parts thereof inconsistent with this
#*ecutive 'rder are hereby repealed or modified
accordingly.
Sec. 0. This #*ecutive 'rder shall ta)e effect
immediately.
2one in the City of =anila, this 47th day of @une, in
the year of 'ur "ord, nineteen hundred and eighty-
seven.
(NLE ':
*olida/s with Pa/
SECT'+9 ". Co,era!e. S This rule shall al/ to all
emlo/ees e0cet8
(a) Those o& the !o,ernment and an/ o& the olitical
subdi,ision, includin! !o,ernment-owned and
controlled cororation=
(b) Those o& retail and ser,ice establishments
re!ularl/ emlo/in! less than ten ("<) wor1ers=
(c) 5omestic helers and ersons in the ersonal
ser,ice o& another=
(d) Fana!erial emlo/ees as de6ned in Boo1 Three
o& the Code=
(e) Mield ersonnel and other emlo/ees whose time
and er&ormance is unsuer,ised b/ the emlo/er
includin! those who are en!a!ed on tas1 or contract
basis, urel/ commission basis, or those who are
aid a 60ed amount &or er&ormin! wor1 irresecti,e
o& the time consumed in the er&ormance thereo&.
SECT'+9 4. Status o& emlo/ees aid b/ the month.
S Emlo/ees who are uni&orml/ aid b/ the month,
irresecti,e o& the number o& wor1in! da/s therein,
with a salar/ o& not less than the statutor/ or
established minimum wa!e shall be aid &or all da/s
in the month whether wor1ed or not.
Mor this urose, the monthl/ minimum wa!e shall
not be less than the statutor/ minimum wa!e
multilied b/ ?DA da/s di,ided b/ twel,e.
5uman E Labor ' E Pro&. Battad E Pa!e %#
LAB+( LA2 " (E:'E2E(
SECT'+9 ?. *olida/ Pa/. S E,er/ emlo/er shall a/
his emlo/ees their re!ular dail/ wa!e &or an/
wor1ed re!ular holida/s.
As used in the rule, the term Yre!ular holida/Y shall
e0clusi,el/ re&er to8 9ew XearYs 5a/, Faund/
Thursda/, .ood Mrida/, the ninth o& Aril, the 6rst o&
Fa/, the twel&th o& June, the last Sunda/ o& Au!ust,
the thirtieth o& 9o,ember, the twent/-6&th and
thirtieth o& 5ecember. 9ationwide secial da/s shall
include the 6rst o& 9o,ember and the last da/ o&
5ecember.
As used in this (ule le!al or re!ular holida/ and
secial holida/ shall now be re&erred to as Yre!ular
holida/Y and Ysecial da/Y, resecti,el/.
SECT'+9 C. Comensation &or holida/ wor1. S An/
emlo/ee who is ermitted or su;ered to wor1 on
an/ re!ular holida/, not e0ceedin! ei!ht ($) hours,
shall be aid at least two hundred ercent (4<<T) o&
his re!ular dail/ wa!e. '& the holida/ wor1 &alls on the
scheduled rest da/ o& the emlo/ee, he shall be
entitled to an additional remium a/ o& at least ?<T
o& his re!ular holida/ rate o& 4<<T based on his
re!ular wa!e rate.
SECT'+9 A. +,ertime a/ &or holida/ wor1. S Mor
wor1 er&ormed in e0cess o& ei!ht hours on a re!ular
holida/, an emlo/ee shall be aid an additional
comensation &or the o,ertime wor1 e@ui,alent to his
rate &or the 6rst ei!ht hours on such holida/ wor1
lus at least ?<T thereo&.
2here the re!ular holida/ wor1 e0ceedin! ei!ht
hours &alls on the scheduled rest da/ o& the
emlo/ee, he shall be aid an additional
comensation &or the o,ertime wor1 e@ui,alent to his
re!ular holida/-rest da/ &or the 6rst $ hours lus ?<T
thereo&. The re!ular holida/ rest da/ rate o& an
emlo/ee shall consist o& 4<<T o& his re!ular dail/
wa!e rate lus ?<T thereo&.
SECT'+9 D. Absences. S (a) All co,ered emlo/ees
shall be entitled to the bene6t ro,ided herein when
the/ are on lea,e o& absence with a/. Emlo/ees
who are on lea,e o& absence without a/ on the da/
immediatel/ recedin! a re!ular holida/ ma/ not be
aid the re@uired holida/ a/ i& he has not wor1ed on
such re!ular holida/.
(b) Emlo/ees shall !rant the same ercenta!e o&
the holida/ a/ as the bene6t !ranted b/ cometent
authorit/ in the &orm o& emlo/eeYs comensation or
social securit/ a/ment, whiche,er is hi!her, i& the/
are not reortin! &or wor1 while on such bene6ts.
(c) 2here the da/ immediatel/ recedin! the holida/
is a non-wor1in! da/ in the establishment or the
scheduled rest da/ o& the emlo/ee, he shall not be
deemed to be on lea,e o& absence on that da/, in
which case he shall be entitled to the holida/ a/ i&
he wor1ed on the da/ immediatel/ recedin! the
non-wor1in! da/ or rest da/.
SECT'+9 %. Temorar/ or eriodic shutdown and
temorar/ cessation o& wor1. S (a) 'n cases o&
temorar/ or eriodic shutdown and temorar/
cessation o& wor1 o& an establishment, as when a
/earl/ in,entor/ or when the reair or cleanin! o&
machineries and e@uiment is underta1en, the
re!ular holida/s &allin! within the eriod shall be
comensated in accordance with this (ule.
(b) The re!ular holida/ durin! the cessation o&
oeration o& an enterrise due to business re,erses
as authorized b/ the Secretar/ o& Labor and
Emlo/ment ma/ not be aid b/ the emlo/er.
SECT'+9 $. *olida/ a/ o& certain emlo/ees. S (a)
Pri,ate school teachers, includin! &acult/ members o&
colle!es and uni,ersities, ma/ not be aid &or the
re!ular holida/s durin! semestral ,acations. The/
shall, howe,er, be aid &or the re!ular holida/s
durin! Christmas ,acation=
(b) 2here a co,ered emlo/ee, is aid b/ results or
outut, such as a/ment on iece wor1, his holida/
a/ shall not be less than his a,era!e dail/ earnin!s
&or the last se,en (%) actual wor1in! da/s recedin!
the re!ular holida/= Pro,ided, *owe,er, that in no
case shall the holida/ a/ be less than the alicable
statutor/ minimum wa!e rate.
(c) Seasonal wor1ers ma/ not be aid the re@uired
holida/ a/ durin! o;-season when the/ are not at
wor1.
(d) 2or1ers who ha,e no re!ular wor1in! da/s shall
be entitled to the bene6ts ro,ided in this (ule.
SECT'+9 #. (e!ular holida/ &allin! on rest da/s or
Sunda/s. S (a) A re!ular holida/ &allin! on the
emlo/eeYs rest da/ shall be comensated
accordin!l/.
(b) 2here a re!ular holida/ &alls on a Sunda/, the
&ollowin! da/ shall be considered a secial holida/
&or uroses o& the Labor Code, unless said da/ is
also a re!ular holida/.
SECT'+9 "<. Successi,e re!ular holida/s. S 2here
there are two (4) successi,e re!ular holida/s, li1e
*ol/ Thursda/ and .ood Mrida/, an emlo/ee ma/
not be aid &or both holida/s i& he absents himsel&
&rom wor1 on the da/ immediatel/ recedin! the 6rst
holida/, unless he wor1s on the 6rst holida/, in which
case he is entitled to his holida/ a/ on the second
holida/.
SECT'+9 "". (elation to a!reements. S 9othin! in
this (ule shall 3usti&/ an emlo/er in withdrawin! or
reducin! an/ bene6ts, sulements or a/ments &or
unwor1ed holida/s as ro,ided in e0istin! indi,idual
or collecti,e a!reement or emlo/er ractice or
olic/.
a. 5e6nition
") (etail Establishments, (ule 'ml. (A D%4%,
ar. M
&) J(etail EstablishmentR is one rinciall/ en!a!ed
in the sale o& !oods to end-users &or ersonal or
household use=
4) Ser,ice Establishment, (ule 'ml. (A D%4%,
ar. !
!) JSer,ice EstablishmentR is one rinciall/
en!a!ed in the sale o& ser,ice to indi,iduals &or their
own or household use and is !enerall/ reco!nized as
such=
b. Co,era!eEE0clusions, Art. #C (a)
5uman E Labor ' E Pro&. Battad E Pa!e $<
LAB+( LA2 " (E:'E2E(
A(T. #C. .ight to holida! pa!. - (a) E,er/ wor1er shall
be aid his re!ular dail/ wa!e durin! re!ular
holida/s, e0cet in retail and ser,ice establishments
re!ularl/ emlo/in! less than ten ("<) wor1ers=
FantradeEMFFC 5i,ision
Emlo/ees and 2or1ers Nnion ,. Bacun!an, "CC
SC(A A"< ("#$D)
Cirineo Bowlin! Plaza, 'nc. ,.
.err/ Sensin!, et al., CC$ SC(A "%A (4<<A)
c. *olida/ Pa/, Art. #C (b)
(b) The emlo/er ma/ re@uire an emlo/ee to wor1
on an/ holida/ but such emlo/ee shall be aid a
comensation e@ui,alent to twice his re!ular rate=
and
") Macult/ in Pri,ate School, (ule ':, Sec. $ (a)
SECT'+9 $. *olida/ a/ o& certain emlo/ees. S (a)
Pri,ate school teachers, includin! &acult/ members o&
colle!es and uni,ersities, ma/ not be aid &or the
re!ular holida/s durin! semestral ,acations. The/
shall, howe,er, be aid &or the re!ular holida/s
durin! Christmas ,acation=
D) 5i,isor as Mactor
Trans-Asia Phil. Emlo/ees Association
,. 9L(C, ?4< SC(A ?C% ("###)
%) Sunda/, Art. #? #a), 4
nd
Sentence= (ule ''', Sec. 4
A(T. #?. Compensation for rest da!, Sunda! or
holida! 'or(. - (a) 2here an emlo/ee is made or
ermitted to wor1 on his scheduled rest da/, he shall
be aid an additional comensation o& at least thirt/
ercent (?<T) o& his re!ular wa!e. An emlo/ee shall
be entitled to such additional comensation &or wor1
er&ormed on Sunda/ onl/ when it is his established
rest da/.
SECT'+9 4. Business on Sunda/sE*olida/s. S All
establishments and enterrises ma/ oerate or oen
&or business on Sunda/s and holida/s ro,ided that
the emlo/ees are !i,en the wee1l/ rest da/ and the
bene6ts as ro,ided in this (ule.
2ellin!ton 'n,estment 'nc.
,. Tra3ano, 4CA SC(A AD" ("##A)
5uman E Labor ' E Pro&. Battad E Pa!e $"
LAB+( LA2 " (E:'E2E(
$) Fuslim *olida/, Art. "D#-"%4= P5 "<$? (Meb.
"#%%)
BOOK FI3E
)ISCELLANEOUS AND TRANSITORD
.RO3ISIONS
TITLE I
)USLI) =OLIDADS
Ar$c#e 14/. +1cial Muslim holida!s. The &ollowin!
are hereb/ reco!nized as le!al Fuslim holida/s8
(a) YAmun Jadid (9ew Xear), which &alls on
the 6rst da/ o& the 6rst lunar month o&
Fuharram=
(b) Faulid-un-9abi (Birthda/ o& the Prohet
Fuhammad), which &alls on the twel&th da/
o& the third lunar month o& (abi-ul-Awwal=
(c) Lailatul 'sra 2al FiYra3 (9octurnal Journe/
and Ascension o& the Prohet Fuhammad),
which &alls on the twent/-se,enth da/ o& the
se,enth lunar month o& (a3ab=
(d) Y'd-ul-Mitr (*ari (a/a Pausa), which &alls
on the 6rst da/ o& the tenth lunar month o&
Shawwal, commemoratin! the end o& the
&astin! season= and
(e) Y'd-ul-Adha (*ari (a3a *a3i), which &alls on
the tenth da/ o& the twel&th lunar month o&
5hu "-*i33a.
Ar$c#e 1E8. Pro$inces and cities 'here o1ciall!
o#ser$ed.
(") Fuslim holida/s shall be oBciall/
obser,ed in the Pro,inces o& Basilan, Lanao
del 9orte, Lanao del Sur, Fa!uindanao,
9orth Cotabato, Sultan Uudarat, Sulu, Tawi-
Tawi, Zamboan!a del 9orte and Zamboan!a
del Sur, and in the Cities o& Cotabato, 'li!an,
Farawi, Pa!adian, and Zamboan!a and in
such other Fuslim ro,inces and cities as
ma/ herea&ter be created.
(4) Non roclamation b/ the President o&
the Philiines, Fuslim holida/s ma/ also be
oBciall/ obser,ed in other ro,inces and
cities.
Ar$c#e 1E1. &ates of o#ser$ance. The dates o&
Fuslim holida/s shall be determined b/ the +Bce o&
the President o& the Philiines in accordance with
the Fuslim Lunar Calendar (*i3ra).
Ar$c#e 1E?. +#ser$ance of Muslim emplo!ees.
(") All Fuslim !o,ernment oBcials and
emlo/ees in laces other than those
enumerated under Article "%< shall also be
e0cused &rom reortin! to oBce in order
that the/ ma/ be able to obser,e Fuslim
holida/s.
(4) The President o& the Philiines ma/, b/
roclamation, re@uire ri,ate oBces,
a!encies or establishments to e0cuse their
Fuslim emlo/ees &rom reortin! &or wor1
durin! a Fuslim holida/ without reduction in
their usual comensation.
San Fi!uel Cor. ,. Court
o& Aeals, ?%A SC(A ?"" (4<<4)
d. Absences, (ule l:, Secs. D (a), "<
SECT'+9 D. Absences. S (a) All co,ered emlo/ees
shall be entitled to the bene6t ro,ided herein when
the/ are on lea,e o& absence with a/. Emlo/ees
who are on lea,e o& absence without a/ on the da/
immediatel/ recedin! a re!ular holida/ ma/ not be
aid the re@uired holida/ a/ i& he has not wor1ed on
such re!ular holida/.
SECT'+9 "<. Successi,e re!ular holida/s. S 2here
there are two (4) successi,e re!ular holida/s, li1e
*ol/ Thursda/ and .ood Mrida/, an emlo/ee ma/
not be aid &or both holida/s i& he absents himsel&
&rom wor1 on the da/ immediatel/ recedin! the 6rst
holida/, unless he wor1s on the 6rst holida/, in which
case he is entitled to his holida/ a/ on the second
holida/.
e. 9on-2or1in!ESchedule o& (est 5a/, (ule
':, Sec. D (c)
5uman E Labor ' E Pro&. Battad E Pa!e $4
LAB+( LA2 " (E:'E2E(
(c) 2here the da/ immediatel/ recedin! the holida/
is a non-wor1in! da/ in the establishment or the
scheduled rest da/ o& the emlo/ee, he shall not be
deemed to be on lea,e o& absence on that da/, in
which case he shall be entitled to the holida/ a/ i&
he wor1ed on the da/ immediatel/ recedin! the
non-wor1in! da/ or rest da/.
C. Ser,ice 'ncenti,e Lea,e
(e&erence8 Art. #A= +mnibus (ules, Boo1 ''', (ule
:
A(T. #A. .ight to ser$ice incenti$e lea$e. - (a) E,er/
emlo/ee who has rendered at least one /ear o&
ser,ice shall be entitled to a /earl/ ser,ice incenti,e
lea,e o& 6,e da/s with a/.
(b) This ro,ision shall not al/ to those who are
alread/ en3o/in! the bene6t herein ro,ided, those
en3o/in! ,acation lea,e with a/ o& at least 6,e da/s
and those emlo/ed in establishments re!ularl/
emlo/in! less than ten emlo/ees or in
establishments e0emted &rom !rantin! this bene6t
b/ the Secretar/ o& Labor and Emlo/ment a&ter
considerin! the ,iabilit/ or 6nancial condition o& such
establishment.
(c) The !rant o& bene6t in e0cess o& that ro,ided
herein shall not be made a sub3ect o& arbitration or
an/ court or administrati,e action.
a. Co,era!e, Art. #A (a) (b)
Fa1ati *aberdasher/ 'nc. 9.
9L(C, "%# SC(A CC# ("#$#)
Labor Con!ress ,. 9L(C, supra
b. Comutation and Liabilit/
Sentinel Securit/ A!enc/, 'nc.
,. 9L(C, 4#A SC(A "4? "##$)
Auto Bus Transort S/stems,
'nc. ,. Bautista, supra
A. Paternit/ Lea,e, Paternit/ Lea,e o& "##D ((A
$"$%), Secs. "-D= 'ml. (ules
RE#",(IC ACT N!. 8187

AN ACT )RANTIN) #ATERNITD (EA@E !*
SE@EN (7) ADS AIT+ *"(( #AD T! A((
$ARRIE $A(E E$#(!DEES IN T+E #RI@ATE
AN #",(IC SECT!RS *!R T+E *IRST *!"R (4)
E(I@ERIES !* T+E (E)ITI$ATE S#!"SE AIT+
A+!$ +E IS C!+A,ITIN) AN *!R !T+ER
#"R#!SES.


&e it enacted by the Senate and 9ouse of
epresentatives of the 5hilippines in Congress
assembled;

S#CT!'+ -. Short Title. - This Act shall be )nown
as the MPaternity Leave Act of 9::;M.

S#CT!'+ .. +otwithstanding any law, rules and
regulations to the contrary, every married male
employee in the private and public sectors shall be
entitled to a paternity leave of seven ,61 days with full
pay for the first four ,01 deliveries of the legitimate
spouse with whom he is cohabiting. The male
employee applying for paternity leave shall notify his
employer of the pregnancy of his legitimate spouse
and the e*pected date of such delivery.

Cor purposes, of this Act, delivery shall include
childbirth or any miscarriage.

S#CT!'+ 4. Definition of Term. - Cor purposes of
this Act, 5aternity "eave refers to the benefits
granted to a married male employee allowing him not
to report for wor) for seven ,61
days but continues to earn the compensation therefor,
on the condition that his spouse has delivered a child
or suffered a miscarriage for purposes of enabling
him to effectively lend
support to his wife in her period of recovery andHor in
the nursing of the newly-born child.

S#CT!'+ 0. The Secretary of "abor and
#mployment, the Chairman of the Civil Service
Commission and the Secretary of 9ealth shall, within
thirty ,471 days from the effectivity of
this Act, issue such rules and regulations necessary
for the proper implementation of the provisions
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hereof.

S#CT!'+ /. Any person, corporation, trust, firm,
partnership, association or entity found violating this
Act or the rules and regulations promulgated
thereunder shall be punished by a fine not e*ceeding
Twenty-five thousand pesos ,5./,7771 or
imprisonment of not less than thirty ,471days nor more
than si* ,31 months.

!f the violation is committed by a corporation, trust
or firm, partnership, association or any other entity,
the penalty of imprisonment shall be imposed on the
entityJs responsible officers, including, but not limited
to, the president, vice-president, chief e*ecutive
officer, general manager, managing director or
partner directly responsible therefor.

S#CT!'+ 3. Nondiminution Clause. - +othing in
this Act shall be construed to reduce any e*isting
benefits of any form granted under e*isting laws,
decrees, e*ecutive orders, or any
contract agreement or policy between employer and
employee.

S#CT!'+ 6. Repealing Clause. - All laws,
ordinances, rules, regulations, issuances, or parts
thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

S#CT!'+ >. )ffectivity. - This Act shall ta)e effect
,-/1 days from its publication in the 'fficial :a(ette
or in at least two ,.1 newspapers of national
circulation.

Approved;

,S:2.1 +#5TA"! A. :'+PA"#S
5resident of the Senate

,S:2.1 @'S# 2# D#+#C!A, @.
Spea)er of the 9ouse of epresentatives

This Act, which is a consolidation of Senate &ill
+o. -74. and 9ouse &ill +o. 6-40 was finally passed
by the Senate and the 9ouse of epresentatives on
@une >, -883.
". Parental Lea,e, Solo ParentsI 2el&are Act o&
4<<< ((A $#%4)= 'ml. (ules
RE#",(IC ACT N!. 8972
AN ACT #R!@IIN) *!R ,ENE*ITS AN
#RI@I(E)ES T! S!(! #ARENTS AN T+EIR
C+I(REN, A##R!#RIATIN) *"NS T+ERE*!R
AN *!R !T+ER #"R#!SES
.e it enacted by the +enate and 5ouse of
Representatives of the Philippines Congress
assembled<
Section 1. Title. - This Act shall be )nown as the
MSolo 5arentsJ Aelfare Act of .777.M
Section 2. Declaration of Policy. - !t is the policy of
the State to promote the family as the foundation of
the nation, strengthen its solidarity and ensure its total
development. Towards this end, it shall develop a
comprehensive program of services for solo parents
and their children to be carried out by the 2epartment
of Social Aelfare and 2evelopment ,2SA21, the
2epartment of 9ealth ,2'91, the 2epartment of
#ducation, Culture and Sports ,2#CS1, the
2epartment of the !nterior and "ocal :overnment
,2!":1, the Commission on 9igher #ducation
,C9#21, the Technical #ducation and S)ills
2evelopment Authority ,T#S2A1, the +ational
9ousing Authority ,+9A1, the 2epartment of "abor
and #mployment ,2'"#1 and other related
government and nongovernment agencies.
Section 3. Definition of Terms. - Ahenever used in
this Act, the following terms shall mean as follows;
,a1 MSolo parentM - any individual who falls
under any of the following categories;
,-1 A woman who gives birth as a
result of rape and other crimes
against chastity even without a final
conviction of the offender; Provided,
That the mother )eeps and raises
the child<
,.1 5arent left solo or alone with the
responsibility of parenthood due to
death of spouse<
,41 5arent left solo or alone with the
responsibility of parenthood while
the spouse is detained or is serving
sentence for a criminal conviction
for at least one ,-1 year<
,01 5arent left solo or alone with the
responsibility of parenthood due to
physical andHor mental incapacity of
spouse as certified by a public
medical practitioner<
,/1 5arent left solo or alone with the
responsibility of parenthood due to
legal separation or de facto
separation from spouse for at least
one ,-1 year, as long as heHshe is
entrusted with the custody of the
children<
,31 5arent left solo or alone with the
responsibility of parenthood due to
declaration of nullity or annulment
of marriage as decreed by a court
or by a church as long as heHshe is
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entrusted with the custody of the
children<
,61 5arent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least
one ,-1 year<
,>1 Bnmarried motherHfather who
has preferred to )eep and rear
herHhis childHchildren instead of
having others care for them or give
them up to a welfare institution<
,81 Any other person who solely
provides parental care and support
to a child or children<
,-71 Any family member who
assumes the responsibility of head
of family as a result of the death,
abandonment, disappearance or
prolonged absence of the parents
or solo parent.
A change in the status or
circumstance of the parent claiming
benefits under this Act, such that
heHshe is no longer left alone with
the responsibility of parenthood,
shall terminate hisHher eligibility for
these benefits.
,b1 MChildrenM - refer to those living with and
dependent upon the solo parent for support
who are unmarried, unemployed and not
more than eighteen ,->1 years of age, or
even over eighteen ,->1 years but are
incapable of self-support because of mental
andHor physical defectHdisability.
,c1 M5arental responsibilityM - with respect to
their minor children shall refer to the rights
and duties of the parents as defined in Article
..7 of #*ecutive 'rder +o. .78, as
amended, otherwise )nown as the MCamily
Code of the 5hilippines.M
,d1 M5arental leaveM - shall mean leave
benefits granted to a solo parent to enable
himHher to perform parental duties and
responsibilities where physical presence is
required.
,e1 MCle*ible wor) scheduleM - is the right
granted to a solo parent employee to vary
hisHher arrival and departure time without
affecting the core wor) hours as defined by
the employer.
Section 4. Criteria for +upport. - Any solo parent
whose income in the place of domicile falls below the
poverty threshold as set by the +ational #conomic
and 2evelopment Authority ,+#2A1 and subject to the
assessment of the 2SA2 wor)er in the area shall be
eligible for assistance; Provided$ ho#ever, That any
solo parent whose income is above the poverty
threshold shall enjoy the benefits mentioned in
Sections 3, 6 and > of this Act.
Section 5. Comprehensive Pac-age of +ocial
Development and %elfare +ervices. - A
comprehensive pac)age of social development and
welfare services for solo parents and their families will
be developed by the 2SA2, 2'9, 2#CS, C9#2,
T#S2A, 2'"#, +9A and 2!":, in coordination with
local government units and a nongovernmental
organi(ation with proven trac) record in providing
services for solo parents.
The 2SA2 shall coordinate with concerned agencies
the implementation of the comprehensive pac)age of
social development and welfare services for solo
parents and their families. The pac)age will initially
include;
,a1 "ivelihood development services which
include trainings on livelihood s)ills, basic
business management, value orientation and
the provision of seed capital or job
placement.
,b1 Counseling services which include
individual, peer group or family counseling.
This will focus on the resolution of personal
relationship and role conflicts.
,c1 5arent effectiveness services which
include the provision and e*pansion of
)nowledge and s)ills of the solo parent on
early childhood development, behavior
management, health care, rights and duties
of parents and children.
,d1 Critical incidence stress debriefing which
includes preventive stress management
strategy designed to assist solo parents in
coping with crisis situations and cases of
abuse.
,e1 Special projects for individuals in need of
protection which include temporary shelter,
counseling, legal assistance, medical care,
self-concept or ego-building, crisis
management and spiritual enrichment.
Section 6. 1le4ible %or- +chedule. - The employer
shall provide for a fle*ible wor)ing schedule for solo
parents; 5rovided, That the same shall not affect
individual and company productivity; Provided$
further$ That any employer may request e*emption
from the above requirements from the 2'"# on
certain meritorious grounds.
Section 7. %or- Discrimination. - +o employer shall
discriminate against any solo parent employee with
respect to terms and conditions of employment on
account of hisHher status.
Section 8. Parental Leave. - !n addition to leave
privileges under e*isting laws, parental leave of not
more than seven ,61 wor)ing days every year shall be
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granted to any solo parent employee who has
rendered service of at least one ,-1 year.
Section 9. )ducational .enefits. - The 2#CS, C9#2
and T#S2A shall provide the following benefits and
privileges;
,-1 Scholarship programs for qualified solo
parents and their children in institutions of
basic, tertiary and technicalHs)ills education<
and
,.1 +onformal education programs
appropriate for solo parents and their
children.
The 2#CS, C9#2 and T#S2A shall promulgate rules
and regulations for the proper implementation of this
program.
Section 10. 5ousing .enefits. - Solo parents shall be
given allocation in housing projects and shall be
provided with liberal terms of payment on said
government low-cost housing projects in accordance
with housing law provisions prioriti(ing applicants
below the poverty line as declared by the +#2A.
Section 11. 'edical Assistance. - The 2'9 shall
develop a comprehensive health care program for
solo parents and their children. The program shall be
implemented by the 2'9 through their retained
hospitals and medical centers and the local
government units ,":Bs1 through their
provincialHdistrictHcityHmunicipal hospitals and rural
health units ,9Bs1.
Section 12. Additional Po#ers and 1unctions of the
D+%D. The 2SA2 shall perform the following
additional powers and functions relative to the welfare
of solo parents and their families;
,a1 Conduct research necessary to; ,-1
develop a new body of )nowledge on solo
parents< ,.1 define e*ecutive and legislative
measures needed to promote and protect
the interest of solo parents and their
children< and ,41 assess the effectiveness of
programs designed for disadvantaged solo
parents and their children<
,b1 Coordinate the activities of various
governmental and nongovernmental
organi(ations engaged in promoting and
protecting the interests of solo parents and
their children< and
,c1 =onitor the implementation of the
provisions of this Act and suggest
mechanisms by which such provisions are
effectively implemented.
Section 13. (mplementing Rules and Regulations. -
An interagency committee headed by the 2SA2, in
coordination with the 2'9, 2#CS, C9#2, T#S2A,
2'"#, +9A, and 2!": is hereby established which
shall formulate, within ninety ,871 days upon the
effectivity of this Act, the implementing rules and
regulations in consultation with the local government
units, nongovernment organi(ations and peopleJs
organi(ations.
Section 14. Appropriations. - The amount necessary
to carry out the provisions of this Act shall be included
in the budget of concerned government agencies in
the :eneral Appropriations Act of the year following
its enactment into law and thereafter.9a#phil.net
Section 15. Repealing Clause. - All laws, decrees,
e*ecutive orders, administrative orders or parts
thereof inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.
Section 16. +eparability Clause. - !f any provision of
this Act is held invalid or unconstitutional, other
provisions not affected thereby shall continue to be in
full force and effect.
Section 17. )ffectivity Clause. - This Act shall ta)e
effect fifteen ,-/1 days following its complete
publication in the &fficial a/ette or in at least two ,.1
newspaper of general circulation.
Approved.
,Sgd.1
C!SE#+ ECERCIT! ESTRAA
President of the Philippines
epublic of the 5hilippines
+ational #conomic 2evelopment Authority
S!CIA( E@E(!#$ENT C!$$ITTEE (SC)
esolution +o.. ,Series .77.1
A##R!@IN) T+E I$#(E$ENTIN) R"(ES AN
RE)"(ATI!NS (IRR)
!* RE#",(IC ACT 8972 #R!@IIN) *!R
,ENE*ITS AN #RI@I(E)ES
T! S!(! #ARENTS AN T+EIR C+I(REN
A+EREAS, it is the policy of the State to promote the
family as the foundation of the nation, strengthen its
solidarity and ensure its total development<
A+EREAS, in support of this State policy, .A. >86.,
otherwise )nown as the Solo 5arents? Aelfare Act of
.777, has been enacted to develop a comprehensive
program for social development and welfare services
for solo parents and their children<
A+EREAS, to ensure the implementation of the Act,
the 2epartment of Social Aelfare and 2evelopment
was tas)ed to coordinate with concerned agencies
and perform additional functions relative to the
welfare and development of solo parents and their
children<
A+EREAS, an interagency committee headed by
2SA2 and participated in by the 2epartments of
9ealth ,2'91, #ducation ,2ep#d1, "abor and
#mployment ,2'"#1, and !nterior and "ocal
:overnment ,2!":1, Commission on 9igher
#ducation ,C9#21, Technical #ducation and S)ills
2evelopment Authority ,T#S2A1, and +ational
9ousing Authority ,+9A1 drafted the ! in
consultation with the local government units, non-
government organi(ations and people?s organi(ations<
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A+EREAS, the draft IRR was deliberated upon and
approved by the members of the S2C-Cabinet level
subject to the incorporation of certain comments
during its meeting on the -7
th
day of April .77.<
N!A, T+ERE*!RE, ,E IT RES!(@E, AS IT IS
+ERE,D RES!(@E, by the Chairman and
members of the +#2A &oard?s Social 2evelopment
Committee-Cabinet level, to approve the ! of .A.
>86..
RES!(@E *"RT+ER, that this IRR shall be
published at least in one newspaper of general
circulation.
Adopted, this -7 day of April in the year of our "ord,
Two Thousand and Two, 5asig City.
R"(ES AN RE)"(ATI!NS IN T+E
I$#(E$ENTATI!N !* RE#",(IC ACT N!. 8972,
AN ACT #R!@IIN) *!R ,ENE*ITS AN
#RI@I(E)ES T! S!(! #ARENTS AN T+EIR
C+I(REN, A##R!#RIATIN) *"NS T+ERE*!R
AN *!R !T+ER #"R#!SES
AT!C"# !
T!T"#, 5B5'S# A+2 C'+STBCT!'+
Section -. Title % These rules shall be )nown and
cited as the ules and egulations !mplementing
epublic Act +o. >86., more commonly )nown as the
So7o #4rent&L Ae7'4re Act o' 2000.
Section .. 5urpose % These ules are promulgated to
prescribe the procedure and guidelines for the
implementation of the Solo 5arents? Aelfare Act of
.777 in order to facilitate the compliance therewith
and to achieve the objectives thereof.
Section 4. Construction % These ules shall be
7i5er477- construed in '4.or o' t0e &o7o 14rent and
applied in accordance with and in furtherance of the
policy and objectives of the law. !n case of conflict
andHor ambiguity, which may arise in the
implementation of these ules, the concerned
agencies shall issue the necessary clarification.
AT!C"# !!
2#C"AAT!'+ 'C 5'"!C!#S A+2 '&@#CT!D#S
Section 0. 2eclaration of 5olicy % !t is the policy of the
State to promote the family as the foundation of the
nation, strengthen its solidarity and ensure its total
development. Towards this end, it shall develop a
comprehensive program of services for solo parents
and their children to be carried out by the 2epartment
of Social Aelfare and 2evelopment ,2SA21, the
2epartment of 9ealth ,2'91, the 2epartment of
#ducation ,2ep#d1, the 2epartment of the !nterior
and "ocal :overnment ,2!":1, the Commission on
9igher #ducation ,C9#21, the Technical #ducation
and S)ills 2evelopment Authority ,T#S2A1, the
+ational 9ousing Authority ,+9A1, the 2epartment of
"abor and #mployment ,2'"#1 and other related
government agencies and non-government
organi(ations or civil society.
Section /. 'bjective % These ules and egulations
see) to clarify the scope and application of the Act in
order that the proper parties may avail of its benefits.
AT!C"# !!!
2#C!+!T!'+ 'C T#=S
Section 3. 2efinition of terms % As used in these
ules, the following terms shall mean as follows;
,a1 FActG % the Solo 5arents? Aelfare Act of
.777<
,b1 FSolo 5arentG % any individual who falls
under any of the following categories;
,-1 A woman who gives birth as a
result of rape or crimes against chastity,
even without a final conviction of the
offender; 5rovided, that the mother )eeps
and raises the child<
,.1 5arent left solo or alone with the
responsibility of parenthood due to death of
spouse<
,41 5arent left solo or alone with the
responsibility of parenthood while the spouse
is detained, or is serving sentence for a
criminal conviction for at least one ,-1 year<
The law applies to the spouses of prisoners, whether
or not a final judgement has been rendered, provided
they are in detention for a minimum period of one ,-1
year<
,01 5arent left solo or alone with the
responsibility of parenthood due to physical
andHor mental incapacity of spouse as
certified by a public medical practitioner<
,/1 5arent left solo or alone with the
responsibility of parenthood due to legal
separation or de facto separation from
spouse for at least one ,-1 year; 5rovided,
that he or she is entrusted with the custody
of the children<
,31 5arent left solo or alone with the
responsibility of parenthood due to
declaration of nullity or annulment of
marrriage as decreed by a court or by a
church; 5rovided, that heHshe is entrusted
with the custody of the children<
,61 5arent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least one ,-1
year<
,>1 Bnmarried motherHfather who
has preferred to )eep and rear hisHher
childHchildren instead of having others care
for them or give them up to a welfare
institution<
,81 Any other person who solely
provides parental care and support to a child
or children provided heHshe is duly licensed
as a foster parent by the 2SA2 or duly
appointed legal guardian by the court<
,-71 Any family member who
assumes the responsibility of head of family
as a result of the death, abandonment,
disappearance, or absence lasts for at least
one ,-1 year.
A change in the status or circumstance of the parent
claiming benefits under the Act, such that heHshe is no
longer left alone with the responsibility of parenthood,
shall terminate hisHher eligibility for these benefits<
,c1 FCamilyG % shall refer to the Solo 5arent
and hisHher childHchildren< 5rovided, however, that the
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family member referred to in Section 4, paragraph ,a1
,-71 of these ules shall include any relative by
consanguinity up to the fourth civil degree. These
persons shall include, but are not limited to, any
uncle, aunt, grandfather, grandmother, niece, nephew,
or cousin<
,d1 FSocial Aor)erG % a person who is a
graduate of Social Aor) and duly registered pursuant
to epublic Act 0464 and employed with the Social
Aelfare and 2evelopment 'ffice of the local
government unit where the solo parent resides<
,e1 FChildrenG % refer to those living with and
dependent upon the solo parent for support who are
unmarried, unemployed and 5e7o2 ei90teen (18)
-e4r& o' 49e, or e.en ei90teen (18) -e4r& 4n3
45o.e but are incapable of self-support andHor
mentally andHor physically challenged<
,f1 F5arental responsibilityG % with respect to
their minor children shall refer to the rights and duties
of the parents as defined in Article ..7 of #*ecutive
'rder +o. .78, as amended, otherwise )nown as the
FCamily Code of the 5hilippines,G and hereunder
enumerated as follows;
,-1 To )eep them in their company,
to support, educate and instruct them by
right precept and good e*ample and to
provide for their upbringing in )eeping with
their means<
,.1 To give them love and affection,
advice and counsel, companionship and
understanding<
,41 To provide them with moral and
spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance,
industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance
with the duties of citi(enship<
,01 To furnish them with good and
wholesome educational materials, supervise
their activities, recreation and association
with others, protect them from bad company,
and prevent them from acquiring habits
detrimental to their health, studies and
morals<
,/1 To represent them in all matters
affecting their interest<
,31 To demand from them respect
and obedience<
,61 To !mpose discipline on them as
may be required under the circumstances<
and
,>1 To perform such other duties as
are imposed by law and upon parents and
guardians<
,g1 F5arental leaveG % shall mean leave
benefits granted to a solo parent to enable himHher to
perform parental duties and responsibilities where
physical presence is required<
,h1 FCle*ible wor) scheduleG % is the right
granted to a solo parent employee to vary hisHher
arrival and departure time without affecting the core
wor) hours as defined by the employer<
,i1 F2SA2G % shall refer to the 2epartment of
Social Aelfare and 2evelopment<
,j1 F2'9G % shall refer to the 2epartment of
9ealth<
,)1 F2'"#G % shall refer to the 2epartment of
"abor and #mployment<
,l1 F2ep#dG % shall refer to the 2epartment of
#ducation<
,m1 F2!":G % shall refer to the 2epartment of
the !nterior and "ocal :overnment<
,n1 FC9#2G % shall refer to the Commission
on 9igher #ducation<
,o1 F+9AG % shall refer to the +ational
9ousing Authority<
,p1 FT#S2AG % shall refer to the Technical
#ducation and S)ills 2evelopment Authority<
,q1 F+#2AG % shall refer to the +ational
#conomic and 2evelopment Authority<
,r1 F+SC&G % shall refer to the +ational
Statistical Coordination &oard, an attached agency of
+#2A and responsible for determining the regional
poverty threshold.
AT!C"# !D
C!T#!A C' SB55'T
Section 6. Criteria for Support % Any solo parent
whose income in the place of domicile '477& e?/47 to
or 5e7o2 t0e 1o.ert- t0re&0o73 as set by the +SC&
and subject to the assessment of the duly appointed
or designated social wor)er in the area shall be
eligible for assistance; 5rovided, however, That any
solo parent whose income is above the poverty
threshold shall enjoy the benefits mentioned in
Sections -3, -6, ->, -8, .7, .- and .4 of these ules.
Cor purposes of the Act and these ules, the place of
domicile shall refer to the residence mentioned in
Section >,a1 of these ules.
Section >. Lualifications of Solo 5arent % A solo
parent see)ing benefits other than those provided for
under Sections -3, -6, ->, -8, .7, .- and .4 of these
ules shall be qualified on the basis of the following;
,a1 A resident of the area where the
assistance is sought, 4& certi'ie3 5-
t0e 54r4n94- c41t4in> #ro.i3e3, t04t
i' t0e &o7o 14rent i& 4 tr4n&'eree 'ro6
4not0er 54r4n94-, 0eI&0e i& re?/ire3
to &ec/re 4 c7e4r4nce 'ro6 0i&I0er
1re.io/& 54r4n94-, in3ic4tin9
20et0er or not 0eI&0e 04& 4.4i7e3 o'
4n- 5ene'it& 'or &o7o 14rent&, 4n3
t0e n4t/re o' &/c0 5ene'it&.
,b1 Aith an income level equal to or below
the poverty threshold as set forth by
+SC& and assessed by a social wor)er
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as provided for under Section 6 of
these ules.
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Section 8. Assessment %an applicant who manifests
the need for assistance under the Act is subject to
assessment by a social wor)er at the cityHmunicipal
Social Aelfare and 2evelopment 'ffice. The
assessment shall cover, but not be limited to, the
following;
,a1 2etermination of the applicant?s category
as enumerated in Article !!! Section 3
paragraph ,b1 of these ules<
,b1 #valuation of the needs of the applicant
and hisHher children as basis for
provision of the appropriate service and
intervention<
,c1 !dentification of the level of readiness of
the applicant to receive a particular
serviceHassistance, which shall serve as
basis for the conduct of social
preparation activities prior to the
provision of such serviceHassistance<
and
,d1 !dentification of e*isting and potentially
available resources that may support
the applicant and hisHher children.
Section -7. 5rocedure in Accessing Services for Solo
5arents - A person who needs assistance under this
Act shall comply with the following process<
,a1 Disit the Social Aelfare and 2evelopment
'ffice of the city or municipality of
herHhis residence to manifest herHhis
need for assistance<
,b1 Cill up application form for the assistance,
indicating but not limited to, the
following information;
-. +ame
.. Age
4. AddressHArea of 2omicile
0. !ncome per month
/. SourceHs of income
3. +umber of children
6. Circumstances of being solo<
,c1 Bndergo the necessary assessment
process as stipulated in Section 8
Article !D of these ules<
,d1 A Social Case Study eport shall be
prepared by the social wor)er based on
the informationHdata provided for by the
applicant, as well as hisHher
assessment of said applicant, indicating
therein the appropriate services
needed.
,e1 The Social Case Study eport, together
with a referral letter prepared by the
social wor)er, shall be forwarded by the
'ffice of the CityH=unicipal Social
Aelfare and 2evelopment 'ffice to the
agency concerned providing the
appropriate assistanceHservice.
,f1 The social wor)er shall inform the solo
parent of the status of hisHher
application within thirty ,471 wor)ing
days from the filing of such and shall
require himHher to visit the
agencyHinstitution providing the
assistance. !n case the applicant is not
qualified for services under this Act,
heHshe will be referred to the
appropriate agencyHprogram for
assistance.
,g1 Bpon the favorable evaluation of the
social wor)er, a Solo 5arent
!dentification Card shall be issued on
the solo parent within 30 34-& upon
application duly signed by the
cityHmunicipal Social Aelfare 'fficer
and the cityHmunicipal mayor. The Solo
5arent !dentification Card is necessary
for the availment of benefits under the
Act and these ules. Such !dentification
Card shall be valid for only one ,-1 year,
but may be renewed subject to a new
assessment and evaluation<
,h1 Cor the public?s information and
guidance, a list of persons who applied
and those who were able to avail of the
benefits under this Act shall be made
available by the concerned
cityHmunicipal social welfare and
development office which processed
their applications.
Section --. 5rocedure for Application of &enefits % An
applicant who was determined by a social wor)er to
be eligible for assistance may apply for benefits under
this Act through the following<
,a1 The solo parent may go to the agency
providing such benefit bringing with
herHhim the !dentification Card issued
by the =unicipalHCity Social Aelfare
and 2evelopment 'ffice<
,b1 Bndergo the necessary qualifying
activities required by the agency as
prescribed by these ules< and
,c1 Comply with the requirements set forth by
the agency providing the service for the
duration of the assistance ,e.g.
schooling, housing1 subject to e*isting
rules of the agencies concerned.
Section -.. 5rocedure for Termination of &enefits
,a1 A solo parent shall manifest to the Social
Aelfare 'ffice hisHher intention to
withdraw the availment of the benefits
under this Act.
(5) !f the solo parent does not voluntarily
manifest hisHher intention to terminate
5uman E Labor ' E Pro&. Battad E Pa!e #<
LAB+( LA2 " (E:'E2E(
the provision of benefits and services
5e'ore t0e 741&e o' one -e4r 'ro6 t0e
i&&/4nce o' t0e So7o #4rent I.., the
Social Aor)er, based on a report by the
employer or any interested person shall
conduct the necessary
assessmentHevaluation to ascertain if
grounds for termination and withdrawal
of benefits e*ist. The !dentification Card
shall cease to be effective upon the
lapse of one year from issuance, unless
renewed based on a new assessment
and evaluation. *4i7/re to rene2 2i77
6e4n t04t 0eI&0e 04& c04n9e3
0i&I0er &t4t/& 4& 4 &o7o 14rent.
(c) The solo parent shall be informed of the
result of the assessmentHevaluation and
termination of the service, if warranted,
through written notice. The termination
shall ta)e effect 47 days from the
receipt of the notice of termination. !n
cases when the service cannot be
terminated in a period of one month,
e.g. schooling, the service shall be
completed until its due time.
The +9A and other participating housing agencies
shall issue the guidelines in the termination of housing
benefits provided in sections .4 and .0 of these
ules.
(3) The solo parent and hisHher children shall
undergo psychosocial counseling with
the social wor)er to prepare them for
independent living.
Section -4. elocation of the Camily % !n the event a
solo parent decides to relocate hisHher family, heHshe
shall inform the cityHmunicipal Social Aelfare and
2evelopment 'ffice. Said office shall thereupon
transmit the records to the cityHmunicipal Social
Aelfare and 2evelopment 'ffice of the place of
relocation.
Section -0. 2uty to =onitor % !t shall be the duty of
the cityHmunicipal Social Aelfare 'fficer who receives
said records, to assign a social wor)er to monitor the
status of the relocated solo parent and hisHher family.
=oreover, it shall also be the duty of said officer to
coordinate with the concerned agencies of any
changes in the status of the solo parent receiving
benefits from said agencies.
AT!C"# D
&#+#C!TS
Section -/. Comprehensive 5ac)age of Social
2evelopment and Aelfare Services % A
comprehensive pac)age of social development and
welfare services for solo parents and their families will
be developed by the 2SA2, 2'9, 2ep#d, C9#2,
T#S2A, 2'"#, +9A and 2!":, in coordination with
local government units and non-governmental
organi(ations with proven trac) record in providing
services for solo parents.
The 2SA2 shall coordinate with concerned agencies
the implementation of the comprehensive pac)age of
social development and welfare services for solo
parents and their families. The pac)age will initially
include;
,a1 "ivelihood development services, which
include training on livelihood s)ills,
basic business management, value
orientation and the provision of seed
capital or job placement.
The criteria and procedure for evaluation of
beneficiaries for the purposes of availing of the
benefits of this item shall be provided for by the 2'"#
and T#S2A< the provision of seed capital shall be
guided by the credit policy of the +ational Credit
Council as contained in #.'. +o. -4>, Fationali(ation
of :overnment 2irected Credit 5rogramG, passed in
-888.
,b1 Counseling services, which include
individual, peer group or family
counseling. These will focus on the
resolution of personal relationship and
role conflicts.
The criteria and procedure for evaluation of
beneficiaries for the purposes of availing of the
benefits of this item shall be provided for by the
2SA2<
,c1 5arent effectiveness services which
include the provision and e*pansion of
)nowledge and s)ills of the solo parent
on early childhood development,
behavior management, health care and
proper nutrition, rights and duties of
parents and children<
,d1 Critical incidence stress debriefing, which
includes preventive stress management
strategy designed to assist solo parents
in coping with crisis situations and
cases of abuse<
,e1 Special projects for individuals in need of
protection which include temporary
shelter, counseling, legal assistance,
medical care, self-concept or ego-
building, crisis management and
spiritual enrichment.
Section -3. Cle*ible Aor) Schedule % The employer
shall provide for a fle*ible wor) schedule for solo
parents; 5rovided, That the same shall not affect
individual and company productivity; 5rovided further,
That any employer may request e*emption from the
above requirements from the 2'"# on certain
meritorious grounds.
!n the case of employees in the government service,
fle*ible wor)ing hours will be subject to the discretion
of the head of the agency. !n no case shall the wee)ly
wor)ing hours be reduced in the event the agency
adopts the fle*ible wor)ing hours schedule format
,fle*i-time1. !n the adoption of fle*i-time, the core
wor)ing hours shall be prescribed ta)ing into
consideration the needs of the service..
Section -6. Aor) 2iscrimination % +o
employer shall discriminate against any solo parent
employee with respect to terms and conditions of
employment on account of hisHher status.
Section ->. 5arental "eave % !n addition to leave
privileges under e*isting laws, parental leave of not
more than seven ,61 wor)ing days every year shall be
granted to any solo parent employee who has
rendered service of at least one ,-1 year. The seven-
day parental leave shall be non-cumulative.
5uman E Labor ' E Pro&. Battad E Pa!e #"
LAB+( LA2 " (E:'E2E(
Section -8. Conditions for #ntitlement of 5arental
"eave % A solo parent shall be entitled to parental
leave provided that;
,a1 9eHShe has rendered at least one ,-1
year of service whether continuous or
bro)en at the time of the affectivity of
the Act<
,b1 9eHShe has notified hisHher employer of
the availment thereof within a
reasonable time period< and
,c1 9eHShe has presented a Solo 5arent
!dentification Card to hisHher employer.
Section .7. +on-conversion of 5arental "eave % !n
the event that the parental leave is not availed of, said
leave shall not be convertible to cash unless
specifically agreed upon previously. 9owever, if said
leave were denied an employee as a result of non-
compliance with the provisions of these ules by an
employer, the aforementioned leave may be used a
basis for the computation of damages.
Section .-. Crediting of #*isting "eave % !f there is an
e*isting or similar benefit under a company policy, or
a collective bargaining agreement or collective
negotiation agreement the same shall be credited as
such. !f the same is greater than the seven ,61 days
provided for in the Act, the greater benefit shall
prevail.
#mergency or contingency leave provided under a
company policy or a collective bargaining agreement
shall not be credited as compliance with the parental
leave provided for under the Act and these ules.
Section ... #ducational &enefits % The 2ep#d, C9#2
and T#S2A shall provide the following benefits and
privileges;
,a1 Scholarship programs for qualified solo
parents and their children in
institutions of basic, tertiary and
technicalHs)ills education<
,b1 +on-formal education programs
appropriate for solo parents and their
children.
Application 5rocedure;
-. Applicant must secure application form
from either 2ep#d, C9#2 and T#S2A
depending on their need<
.. Submit the duly accomplished application
form together with the required
documents to the appropriate agency.
The following are the documents required to be
attached with the application;
-. Solo 5arent !dentification Card
.. &arangay Clearance
4. &irth Certificate
0. +otice of admission from the
school
/. 'riginal or Certified True Copy of
the transcript of record, or the
eport Care of the last year the
applicant attended school.
Section .4. 9ousing &enefits % Solo parents who
meet the eligibility criteria for housing assistance
under .A. +o. 6.68 ,Brban 2evelopment and
9ousing Act of -88.1 and other related rules and
regulations of participating housing agencies shall be
provided with liberal terms of payment on government
low-cost housing projects, in accordance with housing
law provisions, prioriti(ing applicants below the
poverty line as declared by the +SC&.
Section.0. The +9A shall ma)e available housing
units to solo parents in its housing projects subject to
e*isting disposition policies or may refer them to other
housing projects, as appropriate, provided that;
,a1 The identified solo parent must be eligible
for assistance under the provisions of
this Act<
,b1 Solo parents applying for housing
benefits must meet the qualification
criteria for housing assistance under
epublic Act 6.68, or the Brban
2evelopment and 9ousing Act
,B29A1 and other +9A eligibility
criteria under e*isting policies, rules
and regulations< and
,c1 #ligible solo parents shall file their
application for housing unit directly
with the concerned +9A 5roject
'ffices.
Bpon written request, the +9A shall provide the
2SA2 a listing of +9A projects with available
housing units for disposition. This list shall be updated
and provided semi-annually.
Section ./. =edical Assistance % The 2'9 shall
develop a comprehensive health care program for
solo parents and their children. The program shall be
implemented by the 2'9 through their retained
hospitals and medical centers and the local
government units ,":Bs1 through their
provincialHdistrictHcityHmunicipal hospitals and rural
health units ,9Bs1.
Section .3. #ssential 9ealth 5ac)ages % To ensure
the state of well-being of the solo parent and hisHher
family, healthyHmedical services shall be made
available at all times, in all levels of health care
delivery system as mentioned in the previous section.
These healthHmedical services shall be part of the
regular essential health pac)ages being provided at
various stages of life.
AT!C"# D!
A22!T!'+A" 5'A#S A+2 CB+CT!'+S 'C T9#
2SA2
Section .6. Additional 5owers and Cunctions of the
2SA2 % The 2SA2 shall perform the following
additional powers and functions relative to the welfare
and development of solo parents and their families;
,a1 Conduct research necessary to;
5uman E Labor ' E Pro&. Battad E Pa!e #4
LAB+( LA2 " (E:'E2E(
,-1 develop a new body of )nowledge
on solo parents<
,.1 2efine e*ecutive and legislative
measures needed to promote and
protect the interest of solo parents
and their children< and
,41 Assess the effectiveness of policies
and programs designed for solo
parents and their children<
The commissioning or contracting out for the conduct
of said research shall be inherent in the performance
of herein function<
,b1 Coordinate the activities of various
government agencies, ()"&, and non-
government organi(ations engaged in
promoting and protecting the interests
of solo parents and their children<
,c1 Coordinate the dissemination of
information concerning the benefits of
the Act and these ules, as well as
other advocacy activities< and
,d1 =onitor the implementation of the
provisions of this Act and suggest
mechanisms by which such provisions
are efficiently and effectively
implemented.
Section .>. eview Committee % A special review
committee comprised of members from the SA,
!+, e1E3, I(), C+E, TESA, N+A, !(E
4n3 ot0er re74te3 9o.ern6ent 49encie& and non-
government organi(ations or civil society involved in
the implementation of the provisions of the Act shall
be created and headed by the 2SA2 for the purpose
of evaluating the efficacy and relevancy of the
provisions of the Act to the present situation.
The duties and responsibilities of the members of this
eview Committee shall be considered as part of their
regular functions.
AT!C"# D!!
C!+A" 5'D!S!'+S
Section .8. Appropriations % The amount necessary
to carry out the provisions of the Act shall be included
in the budget of concerned government agencies in
the :eneral Appropriations Act of the year following
its enactment into law and thereafter.
Section 47. epealing Clause % All laws, decrees,
e*ecutive orders, administrative orders or parts
thereof inconsistent with the provisions of the Act are
hereby repealed, amended or modified accordingly.
Section 4-. Separability Clause % !f any provision of
the Act is held invalid or unconstitutional, other
provisions not affected thereby shall continue to be in
full force and effect.
Section 4.. #ffectivity Clause % These !mplementing
ules and egulations shall ta)e effect fifteen ,-/1
days following its publication in one ,-1 national
newspaper of general circulation.
%. Ser,ice Char!es
(e&erence8 Art. #D= +mnibus (ules, Boo1 ''', (ule :'
A(T. #D. Ser$ice charges. - All ser,ice char!es
collected b/ hotels, restaurants and similar
establishments shall be distributed at the rate o&
ei!ht/-6,e ercent ($AT) &or all co,ered emlo/ees
and 6&teen ercent ("AT) &or mana!ement. The
share o& the emlo/ees shall be e@uall/ distributed
amon! them. 'n case the ser,ice char!e is abolished,
the share o& the co,ered emlo/ees shall be
considered inte!rated in their wa!es.

(NLE :'
Ser,ice Char!es
SECT'+9 ". Co,era!e. S This rule shall al/ onl/ to
establishments collectin! ser,ice char!es such as
hotels, restaurants, lod!in! houses, ni!ht clubs,
coc1tail loun!e, massa!e clinics, bars, casinos and
!amblin! houses, and similar enterrises, includin!
those entities oeratin! rimaril/ as ri,ate
subsidiaries o& the .o,ernment.
SECT'+9 4. Emlo/ees co,ered. S This rule shall
al/ to all emlo/ees o& co,ered emlo/ers,
re!ardless o& their ositions, desi!nations or
emlo/ment status, and irresecti,e o& the method
b/ which their wa!es are aid e0cet to mana!erial
emlo/ees.
As used herein, a [mana!erial emlo/ee[ shall mean
one who is ,ested with owers or rero!ati,es to la/
down and e0ecute mana!ement olicies andEor to
hire, trans&er, susend, la/-o;, recall, dischar!e,
assi!n, or disciline emlo/ees or to e;ecti,el/
recommend such mana!erial actions. All emlo/ees
not &allin! within this de6nition shall be considered
ran1-and-6le emlo/ees.
SECT'+9 ?. 5istribution o& ser,ice char!es. S All
ser,ice char!es collected b/ co,ered emlo/ers shall
be distributed at the rate o& $AT &or the emlo/ees
and "AT &or the mana!ement. The $AT shall be
distributed e@uall/ amon! the co,ered emlo/ees.
The "AT shall be &or the disosition b/ mana!ement
to answer &or losses and brea1a!es and distribution
to mana!erial emlo/ees at the discretion o& the
mana!ement in the latter case.
SECT'+9 C. Mre@uenc/ o& distribution. S The shares
re&erred to herein shall be distributed and aid to the
emlo/ees not less than once e,er/ two (4) wee1s or
twice a month at inter,als not e0ceedin! si0teen ("D)
da/s.
SECT'+9 A. 'nte!ration o& ser,ice char!es. S 'n case
the ser,ice char!es is abolished the share o& co,ered
emlo/ees shall be considered inte!rated in their
wa!es. The basis o& the amount to be inte!rated
shall be the a,era!e monthl/ share o& each
emlo/ee &or the ast twel,e ("4) months
immediatel/ recedin! the abolition o& withdrawal o&
such char!es.
SECT'+9 D. (elation to a!reements. S 9othin! in this
(ule shall re,ent the emlo/er and his emlo/ees
&rom enterin! into an/ a!reement with terms more
&a,orable to the emlo/ees than those ro,ided
herein, or be used to diminish an/ bene6t !ranted to
5uman E Labor ' E Pro&. Battad E Pa!e #?
LAB+( LA2 " (E:'E2E(
the emlo/ees under e0istin! laws, a!reement and
,oluntar/ emlo/er ractice.
SECT'+9 %. This rule shall be without re3udice to
e0istin!, &uture collecti,e bar!ainin! a!reements.
9othin! in this rule shall be construed to 3usti&/ the
reduction or diminution o& an/ bene6t bein! en3o/ed
b/ an/ emlo/ee at the time o& e;ecti,it/ o& this
rule.
a. Co,ered Emlo/ees, Art. #D
b. Sharin!, Art. #D
5uman E Labor ' E Pro&. Battad E Pa!e #C
LAB+( LA2 " (E:'E2E(
G. )$n$,&, Wa'es an" Wa'e F$*$n' )ac($ner5
(e&erence8 Art. #D= +mnibus (ules, Boo1 ''', (ules
:''-:'''
A(T. ##. .egional minimum 'ages. - The minimum
wa!e rates &or a!ricultural and non-a!ricultural
emlo/ees and wor1ers in each and e,er/ re!ion o&
the countr/ shall be those rescribed b/ the (e!ional
Triartite 2a!es and Producti,it/ Boards. (As
amended b/ Section ?, (eublic Act 9o. D%4%, June
#, "#$#).
Art >''', Section ?. The State shall a;ord &ull
rotection to labor, local and o,erseas, or!anized
and unor!anized, and romote &ull emlo/ment and
e@ualit/ o& emlo/ment oortunities &or all.
't shall !uarantee the ri!hts o& all wor1ers to sel&-
or!anization, collecti,e bar!ainin! and ne!otiations,
and eace&ul concerted acti,ities, includin! the ri!ht
to stri1e in accordance with law. The/ shall be
entitled to securit/ o& tenure, humane conditions o&
wor1, and a li,in! wa!e. The/ shall also articiate in
olic/ and decision-ma1in! rocesses a;ectin! their
ri!hts and bene6ts as ma/ be ro,ided b/ law.
The State shall romote the rincile o& shared
resonsibilit/ between wor1ers and emlo/ers and
the re&erential use o& ,oluntar/ modes in settlin!
disutes, includin! conciliation, and shall en&orce
their mutual comliance therewith to &oster industrial
eace.
The State shall re!ulate the relations between
wor1ers and emlo/ers, reco!nizin! the ri!ht o& labor
to its 3ust share in the &ruits o& roduction and the
ri!ht o& enterrises to reasonable returns to
in,estments, and to e0ansion and !rowth.
(NLE :''
2a!es
SECT'+9 ". 5e6nition o& Terms. As used in this (ules
S
a) [Act[ means (eublic Act 9o. D%4%=
b) [Commission[ means the 9ational 2a!es and
Producti,it/ Commission=
c) [Board[ means the (e!ional Triartite 2a!es and
Producti,it/ Board=
d) [A!riculture[ re&ers to all &armin! acti,ities in all
its branches and includes amon! others, the
culti,ation and tilla!e o& the soil, roduction,
culti,ation, !rowin! and har,estin! o& an/
a!ricultural or horticultural commodities, dair/in!,
raisin! o& li,estoc1 or oultr/, the culture o& 6sh and
other a@uatic roducts in &arms or onds, and an/
acti,ities er&ormed b/ a &armer or on a &arm as an
incident to or in con3unction with such &armin!
oerations, but does not include the manu&acturin!
andEor rocessin! o& su!ar, coconut, abaca, tobacco,
ineale, a@uatic or other &arm roducts=
e) [Plantation A!ricultural Enterrise[ is one en!a!ed
in a!riculture within an area o& more than 4C
hectares in a localit/ andEor which emlo/s at least
4< wor1ers. An/ other a!ricultural enterrise shall be
considered as [9on-Plantation A!ricultural
Enterrises[=
&) [(etail Establishment[ is one rinciall/ en!a!ed in
the sale o& !oods to end-users &or ersonal or
household use=
!) [Ser,ice Establishment[ is one rimaril/ en!a!ed
in the sale o& ser,ice to indi,iduals &or their own or
household use and is !enerall/ reco!nized as such=
h) [Cotta!eE*andicra&t Establishment[ is one
en!a!ed in an economic endea,or in which the
roducts are rimaril/ done in the home or such
other laces &or ro6t which re@uires manual
de0terit/ and cra&tsmanshi and whose caitalization
does not e0ceed PA<<,<<<, re!ardless o& re,ious
re!istration with the de&unct 9AC'5A=
i) [9ational Caital (e!ion[ co,ers the cities o&
Ualoo1an, Fanila, Pasa/ and Puezon and the
municialities o& Las PiWas, Fa1ati, Falabon,
Fandalu/on!, Fari1ina, Funtinlua, 9a,otas,
ParaWa@ue, Pasi!, Pateros, San Juan, Ta!ui! and
:alenzuela=
3) [(e!ion '''[ co,ers the ro,inces o& Bataan,
Bulacan, 9ue,a Eci3a, Paman!a, Tarlac, and
Zambales and the cities o& An!eles, Cabanatuan,
+lon!ao, Pala/an and San Jose=
1) [(e!ion ':[ co,ers the ro,inces o& Aurora,
Batan!as, Ca,ite, La!una, Farindu@ue, +ccidental
Findoro, Palawan, Puezon, (izal and (omblon and
the cities o& Batan!as, Ca,ite, Lia, Lucena, Puerto
Princesa, San Pablo, Ta!a/ta/ and Trece Fartires=
l) [5eartment[ re&ers to the 5eartment o& Labor
and Emlo/ment=
m) [Secretar/[ means the Secretar/ o& Labor and
Emlo/ment=
n) [Basic 2a!e[ means all remuneration or earnin!s
aid b/ an emlo/er to a wor1er &or ser,ices
rendered on normal wor1in! da/s and hours but does
not include cost-o&-li,in! allowances, ro6t sharin!
a/ments, remium a/ments, "?th month a/ or
other monetar/ bene6ts which are not considered as
art o& or inte!rated into the re!ular salar/ o& the
wor1ers on the date the Act became e;ecti,e.[
o) [Statutor/ Finimum 2a!e[ is the lowest wa!e
60ed b/ law that an emlo/er can a/ his wor1ers=
) [2a!e 5istortion[ means a situation where an
increase in rescribed wa!e rates results in the
elimination or se,ere contraction o& intentional
@uantitati,e di;erences in wa!e or salar/ rates
between and amon! emlo/ee !rous in an
establishment as to e;ecti,el/ obliterate the
distinctions embodied in such wa!e structure based
on s1ills, len!th o& ser,ice, or other lo!ical bases o&
di;erentiation=
@) [Caitalization[ means aid-u caital, in the case
o& a cororation, and total in,ested caital, in the
case o& a artnershi or sin!le rorietorshi.
C*APTE( '
2a!e 'ncrease
5uman E Labor ' E Pro&. Battad E Pa!e #A
LAB+( LA2 " (E:'E2E(
SECT'+9 ". Co,era!e. S The wa!e increase
rescribed under the Act shall al/ to all wor1ers
and emlo/ees in the ri,ate sector re!ardless o&
their osition, desi!nation or status, and irresecti,e
o& the method b/ which their wa!es are aid, e0cet8
a) *ousehold or domestic helers, includin! &amil/
dri,ers and wor1ers in the ersonal ser,ice o&
another=
b) 2or1ers and emlo/ees in retailEser,ice
establishments re!ularl/ emlo/in! not more than
"< wor1ers, when e0emted &rom comliance with
the Act, &or a eriod 60ed b/ the CommissionEBoards
in accordance with Section C (c) o& the Act and
Section "A, Chater " o& these (ules=
c) 2or1ers and emlo/ees in new business
enterrises outside the 9ational Caital (e!ion and
e0ort rocessin! zones &or a eriod o& not more
than two or three /ears, as the case ma/ be, &rom
the start o& oerations when e0emted in accordance
with Section A o& the Act and Section "A, Chater ' o&
these (ules=
d) 2or1ers and emlo/ees recei,in! a basic wa!e o&
more than P"<<.<< er da/.
SECT'+9 4. E;ecti,it/. S The Act ta1es e;ect on Jul/
", "#$#, "A da/s &ollowin! its comlete ublication in
two newsaers o& !eneral circulation on June "A,
"#$# ursuant to Section "A thereo&.
SECT'+9 ?. Amount o& Finimum 2a!e 'ncrease. S
E;ecti,e Jul/ ", "#$#, the dail/ statutor/ minimum
wa!e rates o& co,ered wor1ers and emlo/ees shall
be increased as &ollows8
a) P4A.<< &or those in the 9ational Caital (e!ion=
b) P4A.<< &or those outside the 9ational Caital
(e!ion, e0cet &or the &ollowin!8
P4<.<< &or those in lantation a!ricultural enterrises
with an annual !ross sales o& less than PA million in
the 6scal /ear immediatel/ recedin! the e;ecti,it/
o& the Act=
P"A.<< &or those in the &ollowin! enterrises8
". 9on-lantation a!riculture
4. Cotta!eEhandicra&t
?. (etailESer,ice re!ularl/ emlo/in! not more than
"< wor1ers
C. Business enterrises with a caitalization o& not
more than PA<<,<<< and emlo/in! not more than
4< wor1ers.
SECT'+9 C. 2hen 2a!e 'ncrease 5ue +ther 2or1ers.
S a) All wor1ers and emlo/ees who, rior to Jul/ ",
"#$#, were alread/ recei,in! a basic wa!e abo,e the
statutor/ minimum wa!e rates ro,ided under
(eublic Act DDC< but not o,er P"<<.<< er da/ shall
recei,e a wa!e increase e@ui,alent to that ro,ided
in the recedin! Section.
b) Those recei,in! not more than the &ollowin!
monthl/ basic wa!e rates rior to Jul/ ", "#$# shall
be deemed co,ered b/ the recedin! subsection8
(i) P?,4A%.A< S where the wor1ers and emlo/ees
wor1 e,er/da/, includin! remium a/ments &or
Sunda/s or rest da/s, secial da/s and re!ular
holida/s.
(ii) P?,<C".D% S where the wor1ers and emlo/ees
do not wor1 but considered aid on rest da/s, secial
da/s and re!ular holida/s.
(iii) P4,D"D.D% S where the wor1ers and emlo/ees
do not wor1 and are not considered aid on Sunda/s
or rest da/s.
(i,) P4,"$?.?? S where the wor1ers and emlo/ees
do not wor1 and are not considered aid on
Saturda/s and Sunda/s or rest da/s.
c) 2or1ers and emlo/ees who, rior to Jul/ ", "#$#,
were recei,in! a basic wa!e o& more than P"<<.<<
er da/ or its monthl/ e@ui,alent, are not b/ law
entitled to the wa!e increase ro,ided under the Act.
The/ ma/ howe,er, recei,e wa!e increases throu!h
the correction o& wa!e distortions in accordance with
Section "D, Chater ' o& these (ules.
SECT'+9 A. 5ail/ Statutor/ Finimum 2a!e (ates. S
The dail/ minimum wa!e rates o& wor1ers and
emlo/ees shall be as &ollows8
SectorE'ndustr/ Nnder Nnder
(. A. DDC< (. A. D%4%
(E;ecti,e (E;ecti,e
5ec. "C, Jul/ ",
"#$%) "#$#)
A. 9AT'+9AL CAP'TAL (E.'+9
9on-A!riculture PDC.<< P$#.<<
A!riculture
Plantation AC.<< %#.<<
9on-Plantation C?.A< D$.A<
Cotta!eE*andicra&t
Emlo/in! more than ?<
wor1ers A4.<< %%.<<
Emlo/in! not more than
?< wor1ers A<.<< %A.<<
Pri,ate *ositals
2ith bed caacit/ o& more
than "<< DC.<< $#.<<
2ith bed caacit/ o& "<<
or less D<.<< $A.<<
(etailESer,ice
Emlo/in! more than "A
wor1ers DC.<< $#.<<
Emlo/in! "" to "A
wor1ers D<.<< $A.<<
5uman E Labor ' E Pro&. Battad E Pa!e #D
LAB+( LA2 " (E:'E2E(
Emlo/in! not more than
"< wor1ers C?.<< D$.<<
B. +NTS'5E 9AT'+9AL CAP'TAL (E.'+9
9on-A!riculture DC.<< $#.<<
A!riculture
Plantation with annual !ross
sales o& PAF or more AC.<< %#.<<
Plantation with annual !ross
sales o& less than PAF AC.<< %C.<<
9on-lantation C?.A< A$.A<
Cotta!eE*andicra&t
Emlo/in! more than
?< wor1ers A4.<< D%.<<
Emlo/in! not more
than ?< wor1ers A<.<< DA.<<
Pri,ate *ositals D<.<< $A.<<
(etailESer,ice
Cities wE oulation o& more
than "A<,<<<
Emlo/in! more than
"A wor1ers DC.<< $#.<<
Emlo/in! "" to "A wor1ers D<.<< $A.<<
Emlo/in! not more than
"< wor1ers C?.<< A$.<<
Su!ar Fills
A!riculture
Plantation wE annual !ross
sales o& PAF or more C$.A< %?.A<
Plantation wE annual !ross
sales o& less than PAF C$.A< D$.A<
9on-lantation C?.A< A$.A<
Business Enterrises wE Caitalization
o& not more than PA<<,<<< and
emlo/in! not more than 4< wor1ers
9on-A!riculture DC.<< %#.<<
A!riculture Plantation
Products +ther than Su!ar AC.<< D#.<<
Su!ar C$.A<
D?.A<
Pri,ate *ositals D<.<< %A.<<
(etailESer,ice
Cities wE oulation o& more
than "A<,<<<
Emlo/in! more than
"A wor1ers DC.<<
%#.<<
Emlo/in! "" to "A wor1ers D<.<< %A.<<
Funicialities and Cities
wE oulation o& not more
than "A<,<<<
Emlo/in! more than "<
wor1ers D<.<<
%A.<<
SECT'+9 D. Su!!ested Mormula in 5eterminin! the
E@ui,alent Fonthl/ Statutor/ Finimum 2a!e (ates.
S 2ithout re3udice to e0istin! coman/ ractices,
a!reements or olicies, the &ollowin! &ormula ma/ be
used as !uides in determinin! the e@ui,alent
monthl/ statutor/ minimum wa!e rates8
a) Mor those who are re@uired to wor1 e,er/da/
includin! Sunda/s or rest da/s, secial da/s and
re!ular holida/s8
E@ui,alent Alicable dail/ wa!e rate (A5() 0 ?#<.#<
da/s
Fonthl/ \ SSSSSSSSSSSSSSSSSSS
(ate (EF() "4
2here ?#<.#< da/s \
?<4 da/s +rdinar/ wor1in! da/s
4< da/s "< re!ular holida/s 0 4<<T
DD.?< da/s A" rest da/s 0 "?<T
4.D< da/s 4 secial da/s 0 "?<T
?#<.#< da/s Total e@ui,alent number o& da/s.
b) Mor those who do not wor1 but considered aid on
rest da/s, secial da/s and re!ular holida/s8
A5( 0 ?DA da/s
EF( \ SSSSSSSS
"4
2here ?DA da/s \
?<4 da/s +rdinar/ wor1in! da/s
A" da/s (est da/s
"< da/s (e!ular holida/s
4 da/s Secial da/s
?DA da/s Total e@ui,alent number o& da/s
5uman E Labor ' E Pro&. Battad E Pa!e #%
LAB+( LA2 " (E:'E2E(
c) Mor those who do not wor1 and are not considered
aid on Sunda/s or rest da/s8
A5( 0 ?"C da/s
EF( \ SSSSSSS
"4
2here ?"C da/s \
?<4 da/s +rdinar/ wor1in! da/s
"< da/s (e!ular holida/s
4 da/s Secial da/s ('& considered
aid= '& actuall/ wor1ed,
this is e@ui,alent to 4.D da/s)
?"C da/s Total e@ui,alent number o& da/s
d) Mor those who do not wor1 and are not considered
aid on Saturda/s or rest da/s8
A5( 0 4D4 da/s
EF( \ SSSSSSS
"4
2here 4D4 da/s \
4A< da/s +rdinar/ wor1in! da/s
"< da/s (e!ular holida/s
4 da/s Secial da/s ('& considered aid= '& actuall/
wor1ed, this is e@ui,alent to 4.D da/s)
4D4 da/s Total e@ui,alent number o& da/s
)ote2 For 'or(ers 'hose rest da!s fall on Sunda!s,
the num#er of rest da!s in a !ear is reduced from 34
to 35 da!s, the last Sunda! of August #eing a regular
holida! under Executi$e +rder )o. 465. For purposes
of computation, said holida!, although still a rest da!
for them, is included in the ten regular holida!s. For
'or(ers 'hose rest da!s do not fall on Sunda!s, the
num#er of rest da!s is 34 da!s, as there are 34
'ee(s in a !ear.
9othin! herein shall be considered as authorizin! the
reduction o& bene6ts !ranted under e0istin!
a!reements or emlo/er racticesEolicies.
SECT'+9 %. Basis o& Finimum 2a!es (ates. S The
statutor/ minimum wa!e rules rescribed under the
Act shall be &or the normal wor1in! hours, which shall
not e0ceed ei!ht hours wor1 a da/.
SECT'+9 $. Creditable 2a!e 'ncrease. S
a) 9o wa!e increase shall be credited as comliance
with the increases rescribed under the Act unless
e0ressl/ ro,ided under collecti,e bar!ainin!
a!reements= and, such wa!e increase was !ranted
not earlier than Aril ", "#$# but not later than Jul/
", "#$#. 2here the wa!e increase !ranted is less
than the rescribed increase under the Act, the
emlo/er shall a/ the di;erence.
b) Anni,ersar/ wa!e increase ro,ided in collecti,e
a!reements, merit wa!e increase, and those
resultin! &rom the re!ularization or romotion o&
emlo/ees shall not be credited as comliance
thereto.
SECT'+9 #. 2or1ers Paid b/ (esults. S
a) All wor1ers aid b/ results, includin! those who
are aid on iecewor1, ta1a/, a1/aw, or tas1 basis,
shall recei,e not less than the alicable statutor/
minimum wa!e rates rescribed under the Act &or
the normal wor1in! hours which shall not e0ceed
ei!ht hours wor1 a da/, or a roortion thereo& &or
wor1 o& less than the normal wor1in! hours.
The ad3usted minimum wa!e rates &or wor1ers aid
b/ results shall be comuted in accordance with the
&ollowin! stes8
") Amount o& increase in AF2 - Pre,ious AF2 0 "<<
\ T 'ncrease=
4) E0istin! rateEiece 0 T increase \ increase in
rateEiece=
?) E0istin! rateEiece 7 increase in rateEiece \
Ad3usted rateEiece.
2here AF2 is the alicable minimum wa!e rate.
b) The wa!e rates o& wor1ers who are aid b/ results
shall continue to be established in accordance with
Article "<" o& the Labor Code, as amended and its
imlementin! re!ulations.
SECT'+9 "<. 2a!es o& Secial .rous o& 2or1ers. S
2a!es o& arentices, learners and handicaed
wor1ers shall in no case be less than %A ercent o&
the alicable statutor/ minimum wa!e rates.
All reco!nized learnershi and arenticeshi
a!reements entered into be&ore Jul/ ", "#$# shall be
considered as automaticall/ modi6ed inso&ar as their
wa!e clauses are concerned to reOect the increases
rescribed under the Act.
SECT'+9 "". Alication to Contractors. S 'n the
case o& contracts &or construction ro3ects and &or
securit/, 3anitorial and similar ser,ices, the
rescribed wa!e increases shall be borne b/ the
rincials or clients o& the constructionEser,ice
contractors and the contract shall be deemed
amended accordin!l/. 'n the e,ent, howe,er, that the
rincial or client &ails to a/ the rescribed wa!e
rates, the constructionEser,ice contractor shall be
3ointl/ and se,erall/ liable with his rincial or client.
SECT'+9 "4. Alication to Pri,ate Educational
'nstitution. S Pri,ate educational institutions which
increased tuition &ees be!innin! school /ear "#$#-
"##< shall coml/ with the P4A.<< er da/ wa!e
increase rescribed under the Act e;ecti,e as
&ollows8
5uman E Labor ' E Pro&. Battad E Pa!e #$
LAB+( LA2 " (E:'E2E(
a) 'n cases where the tuition &ee increase was
e;ected be&ore the e;ecti,it/ o& the Act, the wa!e
increase shall ta1e e;ect onl/ Jul/ ", "#$#.
b) 'n cases where the tuition &ee increase was
e;ected on or a&ter the e;ecti,it/ o& the Act, the
wa!e increase shall ta1e e;ect not later than the
date the school actuall/ increased tuition but in the
latter case, such wa!e increase ma/ not be made
retroacti,e in Jul/ ", "#$#.
Be!innin! school /ear "##<-"##", all schools shall
imlement the wa!e increase re!ardless o& whether
or not the/ ha,e actuall/ increased tuition &ees.
SECT'+9 "?. Fobile and Branch 2or1ers. S The
statutor/ minimum wa!e rates o& wor1ers, who b/
the nature o& their wor1 ha,e to tra,el, shall be those
alicable in the domicile or head oBce o& the
emlo/er.
The minimum wa!e rates o& wor1ers wor1in! in
branches or a!encies o& establishments in or outside
the 9ational Caital (e!ion shall be those alicable
in the lace where the/ are stationed.
SECT'+9 "C. Trans&er o& Personnel. S The trans&er o&
ersonnel to areas outside the 9ational Caital
(e!ion shall not be a ,alid !round &or the reduction
o& the wa!e rates bein! en3o/ed b/ the wor1ers rior
to such trans&er. The wor1ers trans&erred to the
9ational Caital (e!ion shall be entitled to the
minimum wa!e rate alicable therein.
SECT'+9 "A. E0emtions. S
a) The &ollowin! establishments ma/ be e0emted
&rom comliance with the wa!e increase rescribed
under the Act8
") (etailESer,ice establishments re!ularl/ emlo/in!
not more than "< wor1ers uon alication with and
as determined b/ the aroriate Board in
accordance with alicable !uidelines to be issued
b/ the Commission.
4) 9ew business enterrises that ma/ be established
outside the 9ational Caital (e!ion and e0ort
rocessin! zones &rom Jul/ ", "#$# to June ?<, "##?,
whose oeration or in,estments need initial
assistance ma/ be e0emted &or not more than three
/ears &rom the start o& oerations, sub3ect to
!uidelines to be issued b/ the Secretar/ in
consultation with the 5eartment o& Trade and
'ndustr/ and the 5eartment o& A!riculture.
9ew business enterrises in (e!ion ''' (Central
Luzon) and (e!ion ': (Southern Ta!alo!) ma/ be
e0emted &or two /ears onl/ &rom start o& oerations,
e0cet those that ma/ be established in the
ro,inces o& Palawan, +riental Findoro, +ccidental
Findoro, Farindu@ue, (omblon, Puezon and Aurora,
which ma/ also be e0emted &or not more than three
/ears &rom the start o& oerations.
b) 2hene,er an alication &or e0emtion has been
dul/ 6led with the aroriate oBce in the
5eartmentEBoard, action b/ the (e!ional +Bce o&
the 5eartment on an/ comlaints &or alle!ed non-
comliance with the Act shall be de&erred endin!
resolution o& the alicant &or e0emtion.
c) 'n the e,ent that the alication &or e0emtion is
not !ranted, the wor1ers and emlo/ees shall
recei,e the aroriate comensation due them as
ro,ided &or under the Act lus interest o& one
ercent er month retroacti,e to Jul/ ", "#$# or the
start o& oerations whiche,er is alicable.
SECT'+9 "D. E;ects on E0istin! 2a!e Structure. S
2here the alication o& the wa!e increase
rescribed herein results in distortions in the wa!e
structure within an establishment which !i,es rise to
a disute therein, such disute shall 6rst be settled
,oluntaril/ between the arties. 'n the e,ent o& a
deadloc1, such disute shall be 6nall/ resol,ed
throu!h comulsor/ arbitration b/ the re!ional
arbitration branch o& the 9ational Labor (elations
Commission (9L(C) ha,in! 3urisdiction o,er the
wor1lace.
The 9L(C shall conduct continuous hearin!s and
decide an/ disute arisin! &rom wa!e distortions
within twent/ calendar da/s &rom the time said
disute is &ormall/ submitted to it &or arbitration. The
endenc/ o& a disute arisin! &rom a wa!e distortion
shall not in an/ wa/ dela/ the alicabilit/ o& the
increases in the wa!e rates rescribed under the Act.
An/ issue in,ol,in! wa!e distortion shall not be a
!round &or a stri1eEloc1out.
SECT'+9 "%. Comlaints &or 9on-Comliance. S
Comlaints &or non-comliance with the wa!e
increases rescribed under the Act shall be 6led with
the (e!ional +Bces o& the 5eartment ha,in!
3urisdiction o,er the wor1lace and shall be the
sub3ect o& en&orcement roceedin!s under Articles
"4$ and "4# o& the Labor Code, as amended.
SECT'+9 "$. Conduct o& insection b/ the
5eartment. S The 5eartment shall conduct
insections o& establishments, as o&ten as necessar/,
to determine whether the wor1ers are aid the
rescribed wa!e rates and other bene6ts !ranted b/
law or an/ 2a!e +rder. 'n the conduct o& insection
in unionized comanies, 5eartment insectors shall
alwa/s be accomanied b/ the resident or other
resonsible oBcer o& the reco!nized bar!ainin! unit
or o& an/ interested union. 'n the case o& non-
unionized establishments, a wor1er reresentin! the
wor1ers in the said coman/ shall accoman/ the
insector.
The wor1erYs reresentati,e shall ha,e the ri!ht to
submit his own 6ndin!s to the 5eartment and to
testi&/ on the same i& he does not concur with the
6ndin!s o& the labor insector.
SECT'+9 "#. Pa/ment o& 2a!es. S Non written
etition o& the ma3orit/ o& the wor1ers and
emlo/ees concerned, all ri,ate establishments,
comanies, businesses and other entities with at
least twent/ wor1ers and located within one
1ilometer radius to a commercial, sa,in!s or rural
ban1, shall a/ the wa!es and other bene6ts o& their
wor1ers throu!h an/ o& said ban1s, within the eriod
and in the manner and &orm rescribed under the
Labor Code as amended.
SECT'+9 4<. 5ut/ o& Ban1. S 2hene,er alicable
and uon re@uest o& concerned wor1er or union, the
ban1 throu!h which wa!es and other bene6ts are
aid issue a certi6cation o& the record o& a/ment o&
5uman E Labor ' E Pro&. Battad E Pa!e ##
LAB+( LA2 " (E:'E2E(
said wa!es and bene6ts o& a articular wor1er or
wor1ers &or a articular a/roll eriod.
C*APTE( ''
The 9ational 2a!es and Producti,it/ Commission
and (e!ional Triartite 2a!es and Producti,it/
Boards
SECT'+9 ". Commission. S The 9ational 2a!es and
Producti,it/ Commission created under the Act shall
hold oBce in the 9ational Caital (e!ion. The
Commission shall be attached to the 5eartment &or
olic/ and ro!ram coordination.
SECT'+9 4. Powers and Munctions o& the Commission.
S The Commission shall ha,e the &ollowin! owers
and &unctions8
a) To act as the national consultati,e and ad,isor/
bod/ to the President o& the Philiines and Con!ress
on matters relatin! to wa!es, incomes and
roducti,it/=
b) To &ormulate olicies and !uidelines on wa!es,
incomes and roducti,it/ imro,ement at the
enterrise, industr/ and national le,els=
c) To rescribe rules and !uidelines &or the
determination o& aroriate minimum wa!e and
roducti,it/ measures at the re!ional, ro,incial or
industr/ le,els=
d) To re,iew re!ional wa!e le,els set b/ the (e!ional
Triartite 2a!es and Producti,it/ Board to determine
i& these are in accordance with rescribed !uidelines
and national de,eloment lans=
e) To underta1e studies, researches and sur,e/s
necessar/ &or the attainment o& its &unctions and
ob3ecti,es, and to collect and comile data and
eriodicall/ disseminate in&ormation on wa!es and
roducti,it/ and other related in&ormation, includin!,
but not limited to, emlo/ment, cost-o&-li,in!, labor
costs, in,estments and returns=
&) To re,iew lans and ro!rams o& the (e!ional
Triartite 2a!es and Producti,it/ Boards to
determine whether these are consistent with national
de,eloment lans=
!) To e0ercise technical and administrati,e
suer,ision o,er the (e!ional Triartite 2a!es and
Producti,it/ Boards=
h) To call, &rom time to time, a national triartite
con&erence o& reresentati,es o& !o,ernment,
wor1ers and emlo/ers &or the consideration o&
measures to romote wa!e rationalization and
roducti,it/= and
i) To e0ercise such owers and &unctions as ma/ be
necessar/ to imlement this Act.
SECT'+9 ?. Comosition o& the Commission. S The
Commission shall be comosed o& the Secretar/ as
e0-oBcio Chairman, the 5irector .eneral o& the
9ational Economic and 5e,eloment Authorit/
(9E5A) as e0-oBcio :ice-Chairman and two members
each &rom wor1ers and emlo/ers sectors who shall
be aointed b/ the President &or a term o& 6,e /ears
uon recommendation o& the Secretar/. The
recommendees shall be selected &rom the lists o&
nominees submitted b/ the wor1ersY and emlo/ersY
sectors. The E0ecuti,e 5irector o& the Commission
Secretariat shall be also a member o& the
Commission.
The members o& the Commission reresentin! labor
and mana!ement shall ha,e the same ran1,
emoluments, allowances and other bene6ts as those
rescribed b/ law &or labor and mana!ement
reresentati,es in the Emlo/eesY Comensation
Commission.
SECT'+9 C. Commission Secretariat. S The
Commission shall be assisted b/ a Secretariat to be
headed b/ an E0ecuti,e 5irector and two 5eut/
5irectors who shall be aointed b/ the President
uon recommendation o& the Secretar/.
The E0ecuti,e 5irector shall ha,e the ran1 o& a
5eartment Assistant Secretar/, while the 5eut/
5irectors that o& a Bureau 5irector. The E0ecuti,e
5irector and 5eut/ 5irectors shall recei,e the
corresondin! salar/, bene6ts and other emoluments
o& the ositions.
SECT'+9 A. (e!ional Triartite 2a!es and
Producti,it/ Boards. S The (e!ional 2a!es and
Producti,it/ Boards created under the Act in all
re!ions, includin! autonomous re!ions as ma/ be
established b/ law, shall hold oBces in areas where
the (e!ional +Bces o& the 5eartment are located.
SECT'+9 D. Powers and Munctions o& the Boards. S
The Boards shall ha,e the &ollowin! owers and
&unctions8
a) To de,elo lans, ro!rams and ro3ects relati,e
to wa!es, incomes and roducti,it/ imro,ement &or
their resecti,e re!ions=
b) To determine and 60 minimum wa!e rates
alicable in their re!ion, ro,inces or industries
therein and to issue the corresondin! wa!e orders,
sub3ect to !uidelines issued b/ the Commission=
c) To underta1e studies, researches, and sur,e/s
necessar/ &or the attainment o& their &unctions,
ob3ecti,es and ro!rams, and to collect and comile
data on wa!es, incomes, roducti,it/ and other
related in&ormation and eriodicall/ disseminate the
same=
d) To coordinate with the other Boards as ma/ be
necessar/ to attain the olic/ and intention o& the
Labor Code=
e) To recei,e, rocess and act on alications &or
e0emtion &rom rescribed wa!e rates as ma/ be
ro,ided b/ law or an/ 2a!e +rder= and
&) To e0ercise such other owers and &unctions as
ma/ be necessar/ to carr/ out their mandate under
the Labor Code.
'mlementation o& the lans, ro!rams and ro3ects
o& the Boards shall be throu!h the resecti,e
(e!ional +Bces o& the 5eartment, ro,ided,
howe,er, that the Boards shall ha,e technical
suer,ision o,er the (e!ional +Bce o& the
5uman E Labor ' E Pro&. Battad E Pa!e "<<
LAB+( LA2 " (E:'E2E(
5eartment with resect to the imlementation o&
these lans, ro!rams and ro3ects.
SECT'+9 %. Comositions o& the Boards. S Each
Board shall be comosed o& the (e!ional 5irector o&
the 5eartment as Chairman, the (e!ional 5irectors
o& the 9ational Economic and 5e,eloment Authorit/
(9E5A) and 5eartment o& Trade and 'ndustr/ (5T')
as :ice-Chairmen and two members each o& wor1ers
and emlo/ers sectors who shall be aointed b/ the
President &or a term o& 6,e /ears uon the
recommendation o& the Secretar/. The
recommendees shall be selected &rom the list o&
nominees submitted b/ the wor1ers and emlo/ers
sectors.
Each Board shall be assisted b/ a Secretariat.
SECT'+9 $. Authorit/ to +r!anize and Aoint
Personnel. S The Chairman o& the Commission shall
or!anize such units and aoint the necessar/
ersonnel o& the Commission and Board Secretaries,
sub3ect to ertinent laws, rules and re!ulations.
C*APTE( '''
Finimum 2a!e 5etermination
SECT'+9 ". (e!ional Finimum 2a!es. S The
minimum wa!e rates &or a!ricultural and non-
a!ricultural wor1ers and emlo/ees in e,er/ re!ion
shall be those rescribed b/ the Boards which shall in
no case be lower than the statutor/ minimum wa!e
rates. These wa!e rates ma/ include wa!es b/
industr/, ro,ince or localit/ as ma/ be deemed
necessar/ b/ the Boards.
SECT'+9 4. StandardsECriteria &or Finimum 2a!e
Mi0in!. S The re!ional minimum wa!es to be
established b/ the Boards shall be as nearl/
ade@uate as is economicall/ &easible to maintain the
minimum standards o& li,in! necessar/ &or the
health, eBcienc/ and !eneral well-bein! o& the
wor1ers within the &ramewor1 o& the national
economic and social de,eloment ro!rams. 'n the
determination o& re!ional minimum wa!es, the
Boards, shall, amon! other rele,ant &actors, consider
the &ollowin!8
a) The demand &or li,in! wa!es=
b) 2a!e ad3ustment ,is-a-,is the consumer rice
inde0=
c) The cost o& li,in! and chan!es or increases
therein=
d) The needs o& wor1ers and their &amilies=
e) The need to induce industries to in,est in
countr/side=
&) 'mro,ements in standards o& li,in!=
!) The re,ailin! wa!e le,els=
h) Mair return o& the caital in,ested and caacit/ to
a/ o& emlo/ers=
i) E;ects on emlo/ment !eneration and &amil/
income= and
3) The e@uitable distribution o& income and wealth
alon! the imerati,es o& economic and social
de,eloment.
SECT'+9 ?. 2a!e +rder. S 2hene,er conditions in
the re!ion so warrant, the Board shall in,esti!ate
and stud/ all ertinent &acts= and, based on
standards and criteria rescribed herein, shall
determine whether a 2a!e +rder should be issued.
'n the er&ormance o& its wa!e determinin!
&unctions, the Board shall conduct ublic hearin!s
and consultations !i,in! notices to emlo/eesY and
emlo/ersY !rous, ro,incial, cit/ and municial
oBcials and other interested arties.
SECT'+9 C. E;ecti,it/ o& 2a!e +rder. S An/ 2a!e
+rder issued b/ the Board shall ta1e e;ect "A da/s
a&ter its comlete ublication in at least one
newsaer o& !eneral circulation in the re!ion.
SECT'+9 A. Aeal to the Commission. S An/ art/
a!!rie,ed b/ the 2a!e +rder issued b/ the Board
ma/ 6le an aeal with the Commission within ten
calendar da/s &rom the ublication o& the +rder. The
Commission shall decide the aeal within si0t/
calendar da/s &rom the date o& 6lin!.
SECT'+9 D. E;ect o& Aeal. S The 6lin! o& the
aeal shall not susend the e;ecti,it/ o& the 2a!e
+rder unless the erson aealin! such order 6les
with the Commission an underta1in! with a suret/ or
sureties in such amount as ma/ be 60ed b/ the
Commission.
SECT'+9 %. 2a!e 5istortions. S 2here the
alication o& an/ wa!e increase resultin! &rom a
2a!e +rder issued b/ an/ Board results in distortions
in the wa!e structure within an establishment, the
emlo/er and the union shall ne!otiate to correct the
distortions usin! the !rie,ance rocedure under their
collecti,e bar!ainin! a!reement. '& it remains
unresol,ed, it shall be decided throu!h ,oluntar/
arbitration ten calendar da/s &rom the time the
disute was re&erred &or ,oluntar/ arbitration, unless
otherwise a!reed b/ the arties in writin!.
2here there are no collecti,e a!reements or
reco!nized labor unions, the emlo/er and wor1ers
shall endea,or to correct the wa!e distortion. An/
disute arisin! there&rom shall be settled throu!h the
9ational Conciliation and Fediation Board and i& it
remains unresol,ed a&ter ten calendar da/s o&
conciliation, it shall be re&erred to the aroriate
branch o& the 9ational Labor (elations Commission
(9L(C). The 9L(C shall conduct continuous hearin!s
and decide the disute within twent/ calendar da/s
&rom the time said disute is submitted &or
comulsor/ arbitration.
The endenc/ o& a disute arisin! &rom a wa!e
distortion shall not in an/ wa/ dela/ the alicabilit/
o& an/ wa!e increase rescribed ursuant to the
ro,isions o& law or 2a!e +rder.
SECT'+9 $. 9on-5iminution o& Bene6ts. S 9othin! in
the Act and in these (ules shall be construed to
reduce an/ e0istin! laws, decrees, issuances,
e0ecuti,e orders, andEor under an/ contract or
a!reement between the wor1ers and emlo/ers.
5uman E Labor ' E Pro&. Battad E Pa!e "<"
LAB+( LA2 " (E:'E2E(
SECT'+9 #. Prohibition A!ainst 'n3unction. S 9o
reliminar/ or ermanent in3unction or temorar/
restrainin! order ma/ be issued b/ an/ court,
tribunal or other entit/ a!ainst an/ roceedin!s
be&ore the Commission or Boards.
SECT'+9 "<. Penal Pro,isions. S An/ erson,
cororation trust, 6rm, artnershi, association or
entit/ which re&uses or &ails to a/ an/ o& the
rescribed increases or ad3ustments in the wa!e
rates made in accordance with the Act shall be
unished b/ a 6ne not e0ceedin! P4A,<<< andEor
imrisonment o& not less than one /ear nor more
than two /ears8 Pro,ided, that an/ erson con,icted
under the Act shall not be entitled to the bene6ts
ro,ided &or under the Probation Law.
'& the ,iolation is committed b/ a cororation, trust or
6rm, artnershi, association or an/ other entit/, the
enalt/ o& imrisonment shall be imosed uon the
entit/Ys resonsible oBcers, includin!, but not limited
to, the resident, ,ice-resident, chie& e0ecuti,e
oBcer, !eneral mana!er, mana!in! director or
artner.
SECT'+9 "". (e!istrationE(eortin! (e@uirement. S
An/ erson, coman/, cororation, artnershi or
an/ other entit/ en!a!ed in business shall submit
annuall/ a ,eri6ed itemized listin! o& their labor
comonent to the aroriate Board and the 9ational
Statistics +Bce not later than Januar/ ?" o& each
/ear, startin! on Januar/ ?", "##< in accordance with
the &orm to be rescribed b/ the Commission. The
listin! shall seci&/ the names, salaries and wa!es o&
their wor1ers and emlo/ees below the mana!erial
le,el includin! learners, arentices and
disabledEhandicaed wor1ers.
C*APTE( ':
Transitor/ Pro,isions
SECT'+9 ". Abolition o& the 9ational 2a!es Council
and the 9ational Producti,it/ Commission. S The
9ational 2a!es Council created under E0ecuti,e
+rder 9o. D"C and the 9ational Producti,it/
Commission created under E0ecuti,e +rder 9o. D"A
are abolished. All roerties, records, e@uiment,
buildin!s, &acilities, and other assets, liabilities and
aroriations o& and belon!in! to the
abo,ementioned oBces, as well as other matters
endin! herein, shall be trans&erred to the
Commission. All ersonnel o& the abo,e abolished
oBces shall continue to &unction in a hold-o,er
caacit/ and shall be re&erentiall/ considered &or
aointments to or lacements in the
CommissionEBoards.
An/ oBcial or emlo/ee searated &rom the ser,ice
as a result o& the abolition o& oBces ursuant to the
Act shall be entitled to aroriate searation a/ o&
one month salar/ &or e,er/ /ear o& ser,ice andEor
retirement and other bene6ts accruin! to them under
e0istin! laws. 'n lieu thereo&, at the otion o& the
emlo/ee, he shall be re&erentiall/ considered &or
emlo/ment in the !o,ernment or in an/ o& its
subdi,isions, instrumentalities, or a!encies, includin!
!o,ernment owned or controlled cororations and
their subsidiaries.
SECT'+9 4. 'nterim Processin! o& Alications &or
E0emtion and Submission o& (eorts. S Pendin! the
oerationalization o& the Commission and Boards, the
9ational 2a!es Council shall, in the interim, recei,e
and rocess alications &or e0emtion sub3ect to
!uidelines to be issued b/ the Secretar/, in
accordance with Section "" o& the Act.
(eorts o& establishments on their labor comonent,
includin! wa!es and salaries o& their wor1ers
rescribed under the Act, shall be submitted to the
9ational 2a!es Council throu!h the (e!ional +Bces
o& the 5eartment.
SECT'+9 ?. Mundin! (e@uirement. S The &unds
necessar/ to carr/ out the ro,isions o& the Act shall
be ta1en &rom the Comensation and +r!anization
Ad3ustment Mund, the Contin!ent Mund, and other
sa,in!s under (eublic Act 9o. DD$$, otherwise
1nown as the .eneral Aroriations Act o& "#$#, or
&rom an/ unaroriated &unds o& the 9ational
Treasur/= Pro,ided, that the &undin! re@uirements
necessar/ to imlement the Act shall be included in
the annual .eneral Aroriations Act &or the
succeedin! /ears.
SECT'+9 C. (eealin! Clause. S All laws, orders,
issuances, rules and re!ulations or arts thereo&
inconsistent with the ro,isions o& the Act and this
(ules are hereb/ reealed, amended or modi6ed
accordin!l/. '& an/ ro,ision or art o& the Act and
this (ules, or the alication thereo& to an/ erson or
circumstance is held in,alid or unconstitutional, the
remainder o& the Act and these (ules or the
alication o& such ro,ision or art thereo& to other
ersons or circumstance shall not be a;ected
thereb/.
SECT'+9 A. E;ecti,it/. S These rules shall ta1e e;ect
on Jul/ ", "#$#.
(NLE :'''
Pa/ment o& 2a!es
SECT'+9 ". Fanner o& wa!e a/ment. S As a
!eneral rule, wa!es shall be aid in le!al tender and
the use o& to1ens, romissor/ notes, ,ouchers,
couons, or an/ other &orm alle!ed to reresent le!al
tender is absolutel/ rohibited e,en when e0ressl/
re@uested b/ the emlo/ee.
SECT'+9 4. Pa/ment b/ chec1. S Pa/ment o& wa!es
b/ ban1 chec1s, ostal chec1s or mone/ orders is
allowed where such manner o& wa!e a/ment is
customar/ on the date o& the e;ecti,it/ o& the Code,
where it is so stiulated in a collecti,e a!reement, or
where all o& the &ollowin! conditions are met8
(a) There is a ban1 or other &acilit/ &or encashment
within a radius o& one (") 1ilometer &rom the
wor1lace=
(b) The emlo/er or an/ o& his a!ents or
reresentati,es does not recei,e an/ ecuniar/
bene6t directl/ or indirectl/ &rom the arran!ement=
(c) The emlo/ees are !i,en reasonable time durin!
ban1in! hours to withdraw their wa!es &rom the ban1
which time shall be considered as comensable
hours wor1ed i& done durin! wor1in! hours= and
(d) The a/ment b/ chec1 is with the written consent
o& the emlo/ees concerned i& there is no collecti,e
a!reement authorizin! the a/ment o& wa!es b/
ban1 chec1s.
5uman E Labor ' E Pro&. Battad E Pa!e "<4
LAB+( LA2 " (E:'E2E(
SECT'+9 ?. Time o& a/ment. S (a) 2a!es shall be
aid not less than once e,er/ two (4) wee1s or twice
a month at inter,als not e0ceedin! si0teen ("D) da/s,
unless a/ment cannot be made with such re!ularit/
due to &orce ma3eure or circumstances be/ond the
emlo/erYs control in which case the emlo/er shall
a/ the wa!es immediatel/ a&ter such &orce ma3eure
or circumstances ha,e ceased.
(b) 'n case o& a/ment o& wa!es b/ results in,ol,in!
wor1 which cannot be 6nished in two (4) wee1s,
a/ment shall be made at inter,als not e0ceedin!
si0teen da/s in roortion to the amount o& wor1
comleted. Minal settlement shall be made
immediatel/ uon comletion o& the wor1.
SECT'+9 C. Place o& a/ment. S As a !eneral rule,
the lace o& a/ment shall be at or near the lace o&
underta1in!. Pa/ment in a lace other than the wor1
lace shall be ermissible onl/ under the &ollowin!
circumstances8
(a) 2hen a/ment cannot be e;ected at or near the
lace o& wor1 b/ reason o& the deterioration o& eace
and order conditions, or b/ reason o& actual or
imendin! emer!encies caused b/ 6re, Oood,
eidemic or other calamit/ renderin! a/ment
thereat imossible=
(b) 2hen the emlo/er ro,ides &ree transortation
to the emlo/ees bac1 and &orth= and
(c) Nnder an/ other analo!ous circumstances=
Pro,ided, That the time sent b/ the emlo/ees in
collectin! their wa!es shall be considered as
comensable hours wor1ed=
(d) 9o emlo/er shall a/ his emlo/ees in an/ bar,
ni!ht or da/ club, drin1in! establishment, massa!e
clinic, dance hall, or other similar laces or in laces
where !ames are la/ed with sta1es o& mone/ or
thin!s reresentin! mone/ e0cet in the case o&
ersons emlo/ed in said laces.
SECT'+9 A. 5irect a/ment o& wa!es. S Pa/ment o&
wa!es shall be made direct to the emlo/ee entitled
thereto e0cet in the &ollowin! cases8
(a) 2here the emlo/er is authorized in writin! b/
the emlo/ee to a/ his wa!es to a member o& his
&amil/=
(b) 2here a/ment to another erson o& an/ art o&
the emlo/eeYs wa!es is authorized b/ e0istin! law,
includin! a/ments &or the insurance remiums o&
the emlo/ee and union dues where the ri!ht to
chec1-o; has been reco!nized b/ the emlo/er in
accordance with a collecti,e a!reement or
authorized in writin! b/ the indi,idual emlo/ees
concerned= or
(c) 'n case o& death o& the emlo/ee as ro,ided in
the succeedin! Section.
SECT'+9 D. 2a!es o& deceased emlo/ee. S The
a/ment o& the wa!es o& a deceased emlo/ee shall
be made to his heirs without the necessit/ o&
intestate roceedin!s. 2hen the heirs are o& a!e,
the/ shall e0ecute an aBda,it attestin! to their
relationshi to the deceased and the &act that the/
are his heirs to the e0clusion o& all other ersons. 'n
case an/ o& the heirs is a minor, such aBda,it shall
be e0ecuted in his behal& b/ his natural !uardian or
ne0t o& 1in. Non resentation o& the aBda,it to the
emlo/er, he shall ma1e a/ment to the heirs as
reresentati,e o& the Secretar/ o& Labor and
Emlo/ment.
SECT'+9 %. Ci,il liabilit/ o& emlo/er and contractors.
S E,er/ emlo/er or indirect emlo/er shall be
3ointl/ and se,erall/ liable with his contractor or sub-
contractor &or the unaid wa!es o& the emlo/ees o&
the latter. Such emlo/er or indirect emlo/er ma/
re@uire the contractor or sub-contractor to &urnish a
bond e@ual to the cost o& labor under contract on
condition that the bond will answer &or the wa!es
due the emlo/ees should the contractor or
subcontractor, as the case ma/ be, &ail to a/ the
same.
SECT'+9 $. Job Contractin!. S There is 3ob
contractin! ermissible under the Code i& the
&ollowin! conditions are met8
(a) The contractor carries on an indeendent
business and underta1es the contract wor1 on his
own account under his own resonsibilit/ accordin!
to his own manner and method, &ree &rom the control
and direction o& his emlo/er or rincial in all
matters connected with the er&ormance o& the wor1
e0cet as to the results thereo&= and
(b) The contractor has substantial caital or
in,estment in the &orm o& tools, e@uiment,
machineries, wor1 remises, and other materials
which are necessar/ in the conduct o& his business.
SECT'+9 #. Labor-onl/ contractin!. S (a) An/ erson
who underta1es to sul/ wor1ers to an emlo/er
shall be deemed to be en!a!ed in labor-onl/
contractin! where such erson8
(") 5oes not ha,e substantial caital or in,estment
in the &orm o& tools, e@uiment, machineries, wor1
remises and other materials= and
(4) The wor1ers recruited and laced b/ such erson
are er&ormin! acti,ities which are directl/ related to
the rincial business or oerations o& the emlo/er
in which wor1ers are habituall/ emlo/ed.
(b) Labor-onl/ contractin! as de6ned herein is hereb/
rohibited and the erson actin! as contractor shall
be considered merel/ as an a!ent or intermediar/ o&
the emlo/er who shall be resonsible to the wor1ers
in the same manner and e0tent as i& the latter were
directl/ emlo/ed b/ him.
(c) Mor cases not &allin! under this (ule, the Secretar/
o& Labor and Emlo/ment shall determine throu!h
aroriate orders whether or not the contractin! out
o& labor is ermissible in the li!ht o& the
circumstances o& each case and a&ter considerin! the
oeratin! needs o& the emlo/er and the ri!hts o&
the wor1ers in,ol,ed. 'n such case, he ma/ rescribe
conditions and restrictions to insure the rotection
and wel&are o& the wor1ers.
SECT'+9 "<. Pa/ment o& wa!es in case o&
ban1rutc/. S Nnaid wa!es earned b/ the
emlo/ees be&ore the declaration o& ban1rutc/ or
3udicial li@uidation o& the emlo/erYs business shall
be !i,en 6rst re&erence and shall be aid in &ull
5uman E Labor ' E Pro&. Battad E Pa!e "<?
LAB+( LA2 " (E:'E2E(
be&ore other creditors ma/ establish an/ claim to a
share in the assets o& the emlo/er.
SECT'+9 "". Attorne/Ys &ees. S Attorne/Ys &ees in
an/ 3udicial or administrati,e roceedin!s &or the
reco,er/ o& wa!es shall not e0ceed "< ercent o& the
amount awarded. The &ees ma/ be deducted &rom
the total amount due the winnin! art/.
SECT'+9 "4. 9on-inter&erence in disosal o& wa!es.
S 9o emlo/er shall limit or otherwise inter&ere with
the &reedom o& an/ emlo/ee to disose o& his wa!es
and no emlo/er shall in an/ manner obli!e an/ o&
his emlo/ees to atronize an/ store or a,ail o& the
ser,ices o;ered b/ an/ erson.
SECT'+9 "?. 2a!es deduction. S 5eductions &rom
the wa!es o& the emlo/ees ma/ be made b/ the
emlo/er in an/ o& the &ollowin! cases8
(a) 2hen the deductions are authorized b/ law,
includin! deductions &or the insurance remiums
ad,anced b/ the emlo/er in behal& o& the emlo/ee
as well as union dues where the ri!ht to chec1-o;
has been reco!nized b/ the emlo/er or authorized
in writin! b/ the indi,idual emlo/ee himsel&.
(b) 2hen the deductions are with the written
authorization o& the emlo/ees &or a/ment to the
third erson and the emlo/er a!rees to do so=
Pro,ided, That the latter does not recei,e an/
ecuniar/ bene6t, directl/ or indirectl/, &rom the
transaction.
SECT'+9 "C. 5eduction &or loss or dama!e. S 2here
the emlo/er is en!a!ed in a trade, occuation or
business where the ractice o& ma1in! deductions or
re@uirin! deosits is reco!nized to answer &or the
reimbursement o& loss or dama!e to tools, materials,
or e@uiment sulied b/ the emlo/er to the
emlo/ee, the emlo/er ma/ ma1e wa!e deductions
or re@uire the emlo/ees to ma1e deosits &rom
which deductions shall be made, sub3ect to the
&ollowin! conditions8
(a) That the emlo/ee concerned is clearl/ shown to
be resonsible &or the loss or dama!e=
(b) That the emlo/ee is !i,en reasonable
oortunit/ to show cause wh/ deduction should not
be made=
(c) That the amount o& such deduction is &air and
reasonable and shall not e0ceed the actual loss or
dama!e= and
(d) That the deduction &rom the wa!es o& the
emlo/ee does not e0ceed 4< ercent o& the
emlo/eeYs wa!es in a wee1.
". Finimum 2a!e, Art. ##= Consti., Art. >''',
Sec. ?
F'9'FNF 2A.E (ATES
A(T. ##. .egional minimum 'ages. - The minimum
wa!e rates &or a!ricultural and non-a!ricultural
emlo/ees and wor1ers in each and e,er/ re!ion o&
the countr/ shall be those rescribed b/ the (e!ional
Triartite 2a!es and Producti,it/ Boards. (As
amended b/ Section ?, (eublic Act 9o. D%4%, June
#, "#$#).
Art >''', Section ?. The State shall a;ord &ull
rotection to labor, local and o,erseas, or!anized
and unor!anized, and romote &ull emlo/ment and
e@ualit/ o& emlo/ment oortunities &or all.
't shall !uarantee the ri!hts o& all wor1ers to sel&-
or!anization, collecti,e bar!ainin! and ne!otiations,
and eace&ul concerted acti,ities, includin! the ri!ht
to stri1e in accordance with law. The/ shall be
entitled to securit/ o& tenure, humane conditions o&
wor1, and a li,in! wa!e. The/ shall also articiate in
olic/ and decision-ma1in! rocesses a;ectin! their
ri!hts and bene6ts as ma/ be ro,ided b/ law.
The State shall romote the rincile o& shared
resonsibilit/ between wor1ers and emlo/ers and
the re&erential use o& ,oluntar/ modes in settlin!
disutes, includin! conciliation, and shall en&orce
their mutual comliance therewith to &oster industrial
eace.
The State shall re!ulate the relations between
wor1ers and emlo/ers, reco!nizin! the ri!ht o& labor
to its 3ust share in the &ruits o& roduction and the
ri!ht o& enterrises to reasonable returns to
in,estments, and to e0ansion and !rowth.
a. Co,era!e, Arts. #% (b) (c) (e), #$
A(T. #%. &efnitions. - As used in this Title8
(b) %Emplo!er% includes an/ erson actin! directl/
or indirectl/ in the interest o& an emlo/er in
relation to an emlo/ee and shall include the
!o,ernment and all its branches, subdi,isions and
instrumentalities, all !o,ernment-owned or
controlled cororations and institutions, as well as
non-ro6t ri,ate institutions, or or!anizations.
(c) %Emplo!ee% includes an/ indi,idual emlo/ed b/
an emlo/er.
e) %Emplo!% includes to su;er or ermit to wor1.
A(T. #$. Application of 7itle. - This Title shall not
al/ to &arm tenanc/ or leasehold, domestic
ser,ice and ersons wor1in! in their resecti,e
homes in needle wor1 or in an/ cotta!e industr/
dul/ re!istered in accordance with law.
Philiine Misheries
5e,eloment Authorit/ ,. 9L(C, 4"? SC(A D4"
("##4)
5uman E Labor ' E Pro&. Battad E Pa!e "<C
LAB+( LA2 " (E:'E2E(
b. (ules
") 5e6nition
Cha,ez ,. 9L(C, supra
4) 9o 2or1, 9o Pa/ (A &air da/Is wa!e &or a &air
da/Is labor)
A1lan Electric Cor., 'nc. ,.
9L(C, ?4? SC(A 4A# (4<<<)
?) E@ual Pa/ &or 2or1 o& E@ual :alue
'nternational School Alliance o&
Educators ,. Puisumbin!, supra
Ban1ard Emlo/ers Nnion ,.
9L(C, C4? SC(A "C$ (4<<C)
C) Morm8 A!reement &or
Comensation o& Ser,ices
Arms Ta0i ,. 9L(C, 4"# SC(A
?<D ("##?)
c. Finimum 2a!e
") 5etermination o& Comliance with Finimum
2a!e
'ran ,. 9L(C, 4$# SC(A C??
("##$)
5uman E Labor ' E Pro&. Battad E Pa!e "<A
LAB+( LA2 " (E:'E2E(
4) Macilities and
SulementsEAllowances
Fillares ,. 9L(C ) P'C+P, ?<A
SC(A A<< ("###)
?) Cash 2a!eECommission
Son!co ,. 9L(C, "$? SC(A D"<
("##<)
Boie Ta1eda ,. 5e la Serna,
44$ SC(A ?4# ("##?)
Philiine 5ulicators ,. 9L(C,
4C" SC(A ?$< ("##A)
5uman E Labor ' E Pro&. Battad E Pa!e "<D
LAB+( LA2 " (E:'E2E(
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Second egular Session
&egun and held in =etro =anila, on =onday, the
twenty-
fifth day of @uly, nineteen hundred and eighty-eight
MRE#",(IC ACT N!. 6727N
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&e it enacted by the Senate and 9ouse of
epresentatives of the 5hilippines in Congress
assembled;
Sec. -. This Act shall be )nown as the MAage
ationali(ation Act.M
Sec. .. !t is hereby declared the policy of the State
to rationali(e the fi*ing of minimum wages and to
promote productivity-improvement and gain-sharing
measures to ensure a decent standard of living for the
wor)ers and their families< to guarantee the rights of
labor to its just share in the fruits of production< to
enhance employment generation in the countryside
through industry dispersal< and to allow business and
industry reasonable returns on investment, e*pansion
and growth.
The State shall promote collective bargaining as
the primary mode of setting wages and other terms
and conditions of employment< and, whenever
necessary, the minimum wage rates shall be adjusted
in a fair and equitable manner, considering e*isting
regional disparities in the cost of living and other
socio-economic factors and the national economic
and social development plans.
Sec. 4. !n line with the declared policy under this
Act, Article 88 of 5residential 2ecree +o. 00., as
amended, is hereby amended and Articles -.7, -.-,
-.., -.4, -.0, -.3 and -.6 are hereby incorporated
into 5residential 2ecree +o. 00., as amended, to
read as follows;
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MArt. 88. egional =inimum Aages. - The minimum
wage rates for agricultural and non-agricultural
employees and wor)ers in each and every region of
the country shall be those prescribed by the egional
Tripartite Aages and 5roductivity &oards.M
MArt. -.7. Creation of the +ational Aages and
5roductivity Commission. - There is hereby created a
+ational Aages and 5roductivity Commission,
hereinafter referred to as the Commission, which shall
be attached to the 2epartment of "abor and
#mployment ,2'"#1 for policy and program
coordination.M
MArt. -.-. 5owers and Cunctions of the
Commission. - The Commission shall have the
following powers and functions;
,a1 To act as the national consultative and advisory
body to the 5resident of the 5hilippines and Congress
on matters relating to wages, incomes and
productivity<
,b1 To formulate policies and guidelines on wages,
incomes and productivity improvement at the
enterprise, industry and national levels<
,c1 To prescribe rules and guidelines for the
determination of appropriate minimum wage and
productivity measures at the regional, provincial or
industry levels<
,d1 To review regional wage levels set by the egional
Tripartite Aages and 5roductivity &oards to determine
if these are in accordance with prescribed guidelines
and national development plans<
,e1 To underta)e studies, researches and surveys
necessary for the attainment of its functions and
objectives, and to collect and compile data and
periodically disseminate information on wages and
productivity and other related information, including,
but not limited to, employment, cost-of-living, labor
costs, investments and returns<
,f1 To review plans and programs of the egional
Tripartite Aages and 5roductivity &oards to determine
whether these are consistent with national
development plans<
,g1 To e*ercise technical and administrative
supervision over the egional Tripartite Aages and
5roductivity &oards<
,h1 To call, from time to time, a national tripartite
conference of representatives of government, wor)ers
and employers for the consideration of measures to
promote wage rationali(ation and productivity< and
,i1 To e*ercise such powers and functions as may be
necessary to implement this Act.
MThe Commission shall be composed of the
Secretary of "abor and #mployment as e*-officio
chairman, the 2irector-:eneral of the +ational
#conomic and 2evelopment Authority ,+#2A1 as e*-
officio vice-chairman, and two ,.1 members each from
wor)ers and employers sectors who shall be
appointed by the 5resident of the 5hilippines upon
recommendation of the Secretary of "abor and
#mployment to be made on the basis of the list of
nominees submitted by the wor)ers and employers
sectors, respectively, and who shall serve for a term
of five ,/1 years. The #*ecutive 2irector of the
Commission Secretariat shall also be a member of
the Commission.M
MThe Commission shall be assisted by a Secretariat
to be headed by an #*ecutive 2irector and two ,.1
2eputy 2irectors, who shall be appointed by the
5resident of the 5hilippines, upon recommendation of
the Secretary of "abor and #mployment.M
MThe #*ecutive 2irector shall have the same ran),
salary, benefits and other emoluments as that of a
2epartment Assistant Secretary, while the 2eputy
2irectors shall have the same ran), salary, benefits
and other emoluments as that of a &ureau 2irector.
The members of the Commission representing labor
and management shall have the same ran),
emoluments, allowances and other benefits as those
prescribed by law for labor and management
representatives in the #mployeesJ Compensation
Commission.M
MArt. -... Creation of egional Tripartite Aages
and 5roductivity &oards. - There is hereby created
egional Tripartite Aages and 5roductivity &oards,
hereinafter referred to as egional &oards, in all
regions, including autonomous regions as may be
established by law. The Commission shall determine
the officesHheadquarters of the respective egional
&oards.
MThe egional &oards shall have the following
powers and functions in their respective territorial
jurisdiction;
,a1 To develop plans, programs and projects relative
to wages, incomes and productivity improvement for
their respective regions<
,b1 To determine and fi* minimum wage rates
applicable in their region, provinces or industries
therein and to issue the corresponding wage orders,
subject to guidelines issued by the Commission<
,c1 To underta)e studies, researches, and surveys
necessary for the attainment of their functions,
objectives and programs, and to collect and compile
data on wages, incomes, productivity and other
related information and periodically disseminate the
same<
,d1 To coordinate with the other egional &oards as
may be necessary to attain the policy and intention of
this Code<
,e1 To receive, process and act on applications for
e*emption from prescribed wage rates as may be
provided by law or any Aage 'rder< and
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,f1 To e*ercise such other powers and functions as
may be necessary to carry out their mandate under
this Code.
M!mplementation of the plans, programs and
projects of the egional &oards referred to in the
second paragraph, letter ,a1 of this Article, shall be
through the respective regional offices of the
2epartment of "abor and #mployment within their
territorial jurisdiction< 5rovided, however, That the
egional &oards shall have technical supervision over
the regional office of the 2epartment of "abor and
#mployment with respect to the implementation of
said plans, programs and projects.
M#ach egional &oard shall be composed of the
egional 2irector of the 2epartment of "abor and
#mployment as chairman, the egional 2irectors of
the +ational #conomic and 2evelopment Authority
and 2epartment of Trade and !ndustry as vice-
chairmen and two ,.1 members each from wor)ers
and employers sectors who shall be appointed by the
5resident of the 5hilippines, upon recommendation of
the Secretary of "abor and #mployment, to be made
on the basis of the list of nominees submitted by the
wor)ers and employers sectors, respectively, and who
shall serve for a term of five ,/1 years.
M#ach egional &oard to be headed by its chairman
shall be assisted by a Secretariat.M
MArt. -.4. Aage 'rder. - Ahenever conditions in
the region so warrant, the egional &oard shall
investigate and study all pertinent facts< and, based
on the standards and criteria herein prescribed, shall
proceed to determine whether a Aage 'rder should
be issued.
Any such Aage 'rder shall ta)e effect after fifteen
,-/1 days from its complete publication in at least one
,l1 newspaper of general circulation in the region.
M!n the performance of its wage-determining
functions, the egional &oard shall conduct public
hearingsHconsultations, giving notices to employeesJ
and employersJ groups, provincial, city and municipal
officials and other interested parties.
MAny party aggrieved by the Aage 'rder issued by
the egional &oard may appeal such order to the
Commission within ten ,l71 calendar days from the
publication of such order. !t shall be mandatory for the
Commission to decide such appeal within si*ty ,371
calendar days from the filing thereof.
MThe filing of the appeal does not operate to stay
the order unless the person appealing such order
shall file with the Commission an underta)ing with a
surety or sureties satisfactory to the Commission for
the payment to the employees affected by the order of
the corresponding increase, in the event such order is
affirmed.M
MArt. -.0. StandardsHCriteria for =inimum Aage
Ci*ing. The regional minimum wages to be
established by the egional &oard shall be as nearly
adequate as is economically feasible to maintain the
minimum standards of living necessary for the health,
efficiency and general well-being of the employees
within the framewor) of the national economic and
social development program. !n the determination of
such regional minimum wages, the egional &oard
shall, among other relevant factors, consider the
following;
,a1 The demand for living wages<
,b1 Aage adjustment vis-Q-vis the consumer price
inde*<
,c1 The cost of living and changes or increases
therein<
,d1 The needs of wor)ers and their families<
,e1 The need to induce industries to invest in the
countryside<
,f1 !mprovements in standards of living<
,g1 The prevailing wage levels<
,h1 Cair return of the capital invested and capacity to
pay of employers<
,i1 #ffects on employment generation and family
income< and
,j1 The equitable distribution of income and wealth
along the imperatives of economic and social
development.
MThe wages prescribed in accordance with the
provisions of this Title shall be the standard prevailing
minimum wages in every region. These wages shall
include wages varying with industries, provinces or
localities if in the judgment of the egional &oard
conditions ma)e such local differentiation proper and
necessary to effectuate the purpose of this Title.
MAny person, company, corporation, partnership or
any other entity engaged in business shall file and
register annually with the appropriate egional &oard,
Commission and the +ational Statistics 'ffice an
itemi(ed listing of their labor component, specifying
the names of their wor)ers and employees below the
managerial level, including learners, apprentices and
disabledHhandicapped wor)ers who were hired under
the terms prescribed in the employment contracts,
and their corresponding salaries and wages.
MAhere the application of any prescribed wage
increase by virtue of a law or Aage 'rder issued by
any egional &oard results in distortions of the wage
structure within an establishment, the employer and
the union shall negotiate to correct the distortions.
Any dispute arising from wage distortions shall be
resolved through the grievance procedure under their
collective bargaining agreement and, if it remains
unresolved, through voluntary arbitration. Bnless
otherwise agreed by the parties in writing, such
dispute shall be decided by the voluntary arbitrator or
panel of voluntary arbitrators within ten ,-71 calendar
days from the time said dispute was referred to
voluntary arbitration.
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M!n cases where there are no collective agreements
or recogni(ed labor unions, the employers and
wor)ers shall endeavor to correct such distortions.
Any dispute arising therefrom shall be settled through
the +ational Conciliation and =ediation &oard and, if
it remains unresolved after ten ,-71 calendar days of
conciliation, shall be referred to the appropriate
branch of the +ational "abor elations Commission
,+"C1. !t shall be mandatory for the +"C to
conduct continuous hearings and decide the dispute
within twenty ,.71 calendar days from the time said
dispute is submitted for compulsory arbitration.
MThe pendency of a dispute arising from a wage
distortion shall not in any way delay the applicability of
any increase in prescribed wage rates pursuant to the
provisions of law or Aage 'rder.
MAs used, herein, a wage distortion shall mean a
situation where an increase in prescribed wage rates
results in the elimination or severe contraction of
intentional quantitative differences in wage or salary
rates between and among employee groups in an
establishment as to effectively obliterate the
distinctions embodied in such wage structure based
on s)ills, length of service, or other logical bases of
differentiation.
MAll wor)ers paid by result, including those who are
paid on piecewor), ta)ay, pa)yaw or tas) basis, shall
receive not less than the prescribed wage rates per
eight ,>1 hours wor) a day, or a proportion thereof for
wor)ing less than eight ,>1 hours.
MAll recogni(ed learnership and apprenticeship
agreements shall be considered automatically
modified insofar as their wage clauses are concerned
to reflect the prescribed wage rates.M
MArt. -.3. 5rohibition Against !njunction. - +o
preliminary or permanent injunction or temporary
restraining order may be issued by any court, tribunal
or other entity against any proceedings before the
Commission or the egional &oards.M
MArt. -.6. +on-2iminution of &enefits. - +o Aage
'rder issued by any egional &oard shall provide for
wage rates lower than the statutory minimum wage
rates prescribed by Congress.M
Sec. 0. ,a1 Bpon the effectivity of this Act, the
statutory minimum wage rates of all wor)ers and
employees in the private sector, whether agricultural
or non-agricultural, shall be increased by twenty-five
pesos ,5./.771 per day, e*cept that wor)ers and
employees in plantation agricultural enterprises
outside of the +ational Capital egion ,+C1 with an
annual gross sales of less than five million pesos
,5/,777,777.771 in the preceding year shall be paid
an increase of twenty pesos ,5.7.771, and e*cept
further that wor)ers and employees of
cottageHhandicraft industries, non-plantation
agricultural enterprises, retailHservice establishments
regularly employing not more than ten ,-71 wor)ers,
and business enterprises with a capitali(ation of not
more than five hundred thousand pesos
,5/77,777.771 and employing not more than twenty
,.71 employees, which are located or operating
outside the +C, shall be paid only an increase of
fifteen pesos ,5-/.771; 5rovided, That those already
receiving above the minimum wage rates up to one
hundred pesos ,5-77.771 shall also receive an
increase of twenty-five pesos ,5./.771 per day, and
e*cept that the wor)ers and employees mentioned in
the first e*ception clause of this section shall also be
paid only an increase of twenty-pesos ,5.7.771, and
e*cept further that those employees enumerated in
the second e*ception clause of this Section shall also
be paid only an increase of fifteen pesos ,5-/.771;
5rovide, further, That the appropriate egional &oard
is hereby authori(ed to grant additional increases to
the wor)ers and employees mentioned in the
e*ception clauses of this Section if, on the basis of its
determination pursuant to Article -.0 of the "abor
Code such increases are necessary.
,b1 The increase of twenty-five pesos ,5./.771
prescribed under this Section shall apply to all
wor)ers and employees entitled to the same in private
educational institutions as soon as they have
increased or are granted authority to increase their
tuition fees during school year -8>8--887. 'therwise,
such increase shall be so applicable not later than the
opening of the ne*t school year beginning -887.
,c1 #*empted from the provisions of this Act are
household or domestic helpers and persons
employed in the personal service of another, including
family drivers.
etailHservice establishments regularly employing
not more than ten ,-71 wor)ers may be e*empted
from the applicability of this Act upon application with
and as determined by the appropriate egional &oard
in accordance with the applicable rules and
regulations issued by the Commission. Ahenever an
application for e*emption has been duly filed with the
appropriate egional &oard, action on any complaint
for alleged non-compliance with this Act shall be
deferred pending resolution of the application for
e*emption by the appropriate egional &oard.
!n the event that applications for e*emptions are
not granted, employees shall receive the appropriate
compensation due them as provided for by this Act
plus interest of one percent ,-K1 per month
retroactive to the effectivity of this Act.
,d1 !f e*pressly provided for and agreed upon in the
collective bargaining agreements, all increases in the
daily basic wage rates granted by the employers three
,41 months before the effectivity of this Act shall be
credited as compliance with the increases in the wage
rates prescribed herein, provided that, where such
increases are less than the prescribed increases in
the wage rates under this Act, the employer shall pay
the difference. Such increases shall not include
anniversary wage increases, merit wage increases
and those resulting from the regulari(ation or
promotion of employees.
Ahere the application of the increases in the wage
rate under this Section results in distortions as
defined under e*isting laws in the wage structure
within an establishment and gives rise to a dispute
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therein, such dispute shall first be settled voluntarily
between the parties and in the event of a deadloc),
the same shall be finally resolved through compulsory
arbitration by the regional arbitration branch of the
+ational "abor elations Commission ,+"C1 having
jurisdiction over the wor)place.
!t shall be mandatory for the +"C to conduct
continuous hearings and decide any dispute arising
under this Section within twenty,.71 calendar days
from the time said dispute is formally submitted to it
for arbitration. The pendency of a dispute arising from
a wage distortion shall not in any way delay the
applicability of the increases in the wage rates
prescribed under this Section.
Sec. /. Aithin a period of four ,01 years from the
effectivity of this Act and without prejudice to
collective bargaining negotiations or agreements or
other employment contracts between employers and
wor)ers, new business enterprises that may be
established outside the +C and e*port processing
(ones whose operation or investments need initial
assistance as may be determined by the 2epartment
of "abor and #mployment in consultation with the
2epartment of Trade and !ndustry or the 2epartment
of Agriculture, as the case may be shall be e*empt
from the application of this Act for not more than three
,41 years from the start of their operations; 5rovided,
That such new business enterprises established in
egion !!! ,Central "u(on1 and egion !D ,Southern
Tagalog1 shall be e*empt from such increases only for
two ,.1 years from the start of their operations, e*cept
those established in the 5rovinces of 5alawan,
'riental =indoro, 'ccidental =indoro, =arinduque,
omblon, Lue(on and Aurora, which shall enjoy such
e*emption for not more than three ,41 years from the
start of their operations.
Sec. 3. !n the case of contracts for construction
projects and for security, janitorial and similar
services, the prescribed increases in the wage rates
of the wor)ers shall be borne by the principals or
clients of the constructionHservice contractors and the
contract shall be deemed amended accordingly. !n the
event, however, that the principal or client fails to pay
the prescribed wage rates, the constructionHservice
contractor shall be jointly and severally liable with his
principal or client.
Sec. 6. Bpon written petition of the majority of the
employees or wor)ers concerned, all private
establishments, companies, businesses, and other
entities with twenty five ,./1 or more employees and
located within one ,-1 )ilometer radius to a
commercial, savings or rural ban) shall pay the
wages and other benefits of their employees through
any of said ban)s and within the period for payment of
wages fi*ed by 5residential 2ecree +o. 00., as
amended, otherwise )nown as the "abor Code of the
5hilippines.
Sec. >. Ahenever applicable and upon request of a
concerned wor)er or union, the ban) shall issue a
certification of the record of payment of wages of a
particular wor)er or wor)ers for a particular payroll
period.
Sec. 8. The 2epartment of "abor and #mployment
shall conduct inspections as often as possible within
its manpower constraint of the payroll and other
financial records )ept by the company or business to
determine whether the wor)ers are paid the
prescribed wage rates and other benefits granted by
law or any Aage 'rder. !n unioni(ed companies, the
2epartment of "abor and #mployment inspectors
shall always be accompanied by the president or any
responsible officer of the recogni(ed bargaining unit
of any interested union in the conduct of the
inspection. !n non-unioni(ed companies,
establishments or businesses, the inspection shall be
carried out in the presence of a wor)er representing
the wor)ers in the said company. The wor)ersJ
representative shall have the right to submit his own
findings to the 2epartment of "abor and #mployment
and to testify on the same if he cannot concur with the
findings of the labor inspector.
Sec. -7. The funds necessary to carry out the
provisions of this Act shall be ta)en from the
Compensation and 'rgani(ational Adjustment Cund,
the Contingent Cund, and other savings under
epublic Act +o. 33>>, otherwise )nown as the
:eneral Appropriations Act of -8>8, or from any
unappropriated funds of the +ational Treasury;
5rovided, That the funding requirements necessary to
implement this Act shall be included in the annual
:eneral Appropriations Act for the succeeding years.
Sec. --. The +ational Aages Council created
under #*ecutive 'rder +o. 3-0 and the +ational
5roductivity Commission created under #*ecutive
'rder +o. 3-/ are hereby abolished. All properties,
records, equipment, buildings, facilities, and other
assets, liabilities and appropriations of and belonging
to the abovementioned offices, as well as other
matters pending therein, shall be transferred to the
Commission. All personnel of the above abolished
offices shall continue to function in a holdover
capacity and shall be preferentially considered for
appointments to or placement in the Commission.
Any official or employee separated from the service
as a result of the abolition of offices pursuant to this
Act shall be entitled to appropriate separation pay and
retirement and other benefits accruing to them under
e*isting laws. !n lieu thereof, at the option of the
employee, he shall be preferentially considered for
employment in the government or in any of its
subdivisions, instrumentalities, or agencies, including
government-owned or controlled corporations and
their subsidiaries.
Sec. -.. Any person, corporation, trust, firm,
partnership, association or entity which refuses or
fails to pay any of the prescribed increases or
adjustments in the wage rates made in accordance
with this Act shall be punished by a fine not e*ceeding
twenty-five thousand pesos ,5./,777.771 andHor
imprisonment of not less than one ,-1 year nor more
than two ,.1 years; 5rovided, That any person
convicted under this Act shall not be entitled to the
benefits provided for under the 5robation "aw.
!f the violation is committed by a corporation, trust
or firm, partnership, association or any other entity,
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LAB+( LA2 " (E:'E2E(
the penalty of imprisonment shall be imposed upon
the entityJs responsible officers, including, but not
limited to, the president, vice president, chief
e*ecutive officer, general manager, managing director
or partner.
Sec. -4. The Secretary of "abor and #mployment
shall promulgate the necessary rules and regulations
to implement the provisions of this Act.
Sec. -0. All laws, orders, issuances, rules and
regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed, amended
or modified accordingly. !n any provision or part of this
Act, or the application thereof to any person or
circumstance, is held invalid or unconstitutional, the
remainder of this Act or the application of such
provision or part thereof to other persons or
circumstances shall not be affected thereby.
+othing in this Act shall be construed to reduce any
e*isting wage rates, allowances and benefits of any
form under e*isting laws, decrees, issuances,
e*ecutive orders, andHor under any contract or
agreement between the wor)ers and employers.
Sec. -/. This Act shall ta)e effect fifteen ,-/1 days
after its complete publication in the 'fficial :a(ette or
in at least two ,.1 national newspapers of general
circulation, whichever comes earlier.
WAGE STUDIES, WAGE
AGREEMENTS
AND WAGE DETERMINATION
A(T. "4<. Creation of )ational /ages and
Producti$it! Commission. - There is hereb/ created a
9ational 2a!es and Producti,it/ Commission,
hereina&ter re&erred to as the Commission, which
shall be attached to the 5eartment o& Labor and
Emlo/ment (5+LE) &or olic/ and ro!ram
coordination. (As amended b/ (eublic Act 9o. D%4%,
June #, "#$#).
A(T. "4". Po'ers and functions of the Commission. -
The Commission shall ha,e the &ollowin! owers and
&unctions8
(a) To act as the national consultati,e and ad,isor/
bod/ to the President o& the Philiines and Con!ress
on matters relatin! to wa!es, incomes and
roducti,it/=
(b) To &ormulate olicies and !uidelines on wa!es,
incomes and roducti,it/ imro,ement at the
enterrise, industr/ and national le,els=
(c) To rescribe rules and !uidelines &or the
determination o& aroriate minimum wa!e and
roducti,it/ measures at the re!ional, ro,incial, or
industr/ le,els=
(d) To re,iew re!ional wa!e le,els set b/ the (e!ional
Triartite 2a!es and Producti,it/ Boards to
determine i& these are in accordance with rescribed
!uidelines and national de,eloment lans=
(e) To underta1e studies, researches and sur,e/s
necessar/ &or the attainment o& its &unctions and
ob3ecti,es, and to collect and comile data and
eriodicall/ disseminate in&ormation on wa!es and
roducti,it/ and other related in&ormation, includin!,
but not limited to, emlo/ment, cost-o&-li,in!, labor
costs, in,estments and returns=
(&) To re,iew lans and ro!rams o& the (e!ional
Triartite 2a!es and Producti,it/ Boards to
determine whether these are consistent with national
de,eloment lans=
(!) To e0ercise technical and administrati,e
suer,ision o,er the (e!ional Triartite 2a!es and
Producti,it/ Boards=chan robles ,irtual law librar/
(h) To call, &rom time to time, a national triartite
con&erence o& reresentati,es o& !o,ernment,
wor1ers and emlo/ers &or the consideration o&
measures to romote wa!e rationalization and
roducti,it/= and
(i) To e0ercise such owers and &unctions as ma/ be
necessar/ to imlement this Act.
The Commission shall be comosed o& the Secretar/
o& Labor and Emlo/ment as ex"o1cio chairman, the
5irector-.eneral o& the 9ational Economic and
5e,eloment Authorit/ (9E5A) as ex"o1cio ,ice-
chairman, and two (4) members each &rom wor1ersI
and emlo/ersI sectors who shall be aointed b/
the President o& the Philiines uon
recommendation o& the Secretar/ o& Labor and
Emlo/ment to be made on the basis o& the list o&
nominees submitted b/ the wor1ersI and emlo/ersI
sectors, resecti,el/, and who shall ser,e &or a term
o& 6,e (A) /ears. The E0ecuti,e 5irector o& the
Commission shall also be a member o& the
Commission.
The Commission shall be assisted b/ a Secretariat to
be headed b/ an E0ecuti,e 5irector and two (4)
5eut/ 5irectors, who shall be aointed b/ the
President o& the Philiines, uon the
recommendation o& the Secretar/ o& Labor and
Emlo/ment.
The E0ecuti,e 5irector shall ha,e the same ran1,
salar/, bene6ts and other emoluments as that o& a
5eartment Assistant Secretar/, while the 5eut/
5irectors shall ha,e the same ran1, salar/, bene6ts
and other emoluments as that o& a Bureau 5irector.
The members o& the Commission reresentin! labor
and mana!ement shall ha,e the same ran1,
emoluments, allowances and other bene6ts as those
rescribed b/ law &or labor and mana!ement
reresentati,es in the Emlo/eesI Comensation
Commission. (As amended b/ (eublic Act 9o. D%4%,
June #, "#$#).
A(T. "44. Creation of .egional 7ripartite /ages and
Producti$it! Boards. - There is hereb/ created
(e!ional Triartite 2a!es and Producti,it/ Boards,
hereina&ter re&erred to as (e!ional Boards, in all
re!ions, includin! autonomous re!ions as ma/ be
established b/ law. The Commission shall determine
the oBcesEhead@uarters o& the resecti,e (e!ional
Boards.
The (e!ional Boards shall ha,e the &ollowin! owers
and &unctions in their resecti,e territorial
3urisdictions8
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(a) To de,elo lans, ro!rams and ro3ects relati,e
to wa!es, incomes and roducti,it/ imro,ement &or
their resecti,e re!ions=
(b) To determine and 60 minimum wa!e rates
alicable in their re!ions, ro,inces or industries
therein and to issue the corresondin! wa!e orders,
sub3ect to !uidelines issued b/ the Commission=
(c) To underta1e studies, researches, and sur,e/s
necessar/ &or the attainment o& their &unctions,
ob3ecti,es and ro!rams, and to collect and comile
data on wa!es, incomes, roducti,it/ and other
related in&ormation and eriodicall/ disseminate the
same=
(d) To coordinate with the other (e!ional Boards as
ma/ be necessar/ to attain the olic/ and intention
o& this Code=
(e) To recei,e, rocess and act on alications &or
e0emtion &rom rescribed wa!e rates as ma/ be
ro,ided b/ law or an/ 2a!e +rder= and
(&) To e0ercise such other owers and &unctions as
ma/ be necessar/ to carr/ out their mandate under
this Code.
'mlementation o& the lans, ro!rams, and ro3ects
o& the (e!ional Boards re&erred to in the second
ara!rah, letter (a) o& this Article, shall be throu!h
the resecti,e re!ional oBces o& the 5eartment o&
Labor and Emlo/ment within their territorial
3urisdiction= Pro$ided, ho'e$er, That the (e!ional
Boards shall ha,e technical suer,ision o,er the
re!ional oBce o& the 5eartment o& Labor and
Emlo/ment with resect to the imlementation o&
said lans, ro!rams and ro3ects.
Each (e!ional Board shall be comosed o& the
(e!ional 5irector o& the 5eartment o& Labor and
Emlo/ment as chairman, the (e!ional 5irectors o&
the 9ational Economic and 5e,eloment Authorit/
and the 5eartment o& Trade and 'ndustr/ as ,ice-
chairmen and two (4) members each &rom wor1ersI
and emlo/ersI sectors who shall be aointed b/
the President o& the Philiines, uon the
recommendation o& the Secretar/ o& Labor and
Emlo/ment, to be made on the basis o& the list o&
nominees submitted b/ the wor1ersI and emlo/ersI
sectors, resecti,el/, and who shall ser,e &or a term
o& 6,e (A) /ears.
Each (e!ional Board to be headed b/ its chairman
shall be assisted b/ a Secretariat. (As amended b/
(eublic Act 9o. D%4%, June #, "#$#).
A(T. "4?. /age +rder. - 2hene,er conditions in the
re!ion so warrant, the (e!ional Board shall
in,esti!ate and stud/ all ertinent &acts= and based
on the standards and criteria herein rescribed, shall
roceed to determine whether a 2a!e +rder should
be issued. An/ such 2a!e +rder shall ta1e e;ect
a&ter 6&teen ("A) da/s &rom its comlete ublication
in at least one (") newsaer o& !eneral circulation in
the re!ion.
'n the er&ormance o& its wa!e-determinin!
&unctions, the (e!ional Board shall conduct ublic
hearin!sEconsultations, !i,in! notices to emlo/eesI
and emlo/ersI !rous, ro,incial, cit/ and municial
oBcials and other interested arties.
An/ art/ a!!rie,ed b/ the 2a!e +rder issued b/
the (e!ional Board ma/ aeal such order to the
Commission within ten ("<) calendar da/s &rom the
ublication o& such order. 't shall be mandator/ &or
the Commission to decide such aeal within si0t/
(D<) calendar da/s &rom the 6lin! thereo&.
The 6lin! o& the aeal does not sta/ the order
unless the erson aealin! such order shall 6le with
the Commission, an underta1in! with a suret/ or
sureties satis&actor/ to the Commission &or the
a/ment to the emlo/ees a;ected b/ the order o&
the corresondin! increase, in the e,ent such order
is aBrmed. (As amended b/ (eublic Act 9o. D%4%,
June #, "#$#).
A(T. "4C. Standards8Criteria for minimum 'age
fxing. - The re!ional minimum wa!es to be
established b/ the (e!ional Board shall be as nearl/
ade@uate as is economicall/ &easible to maintain the
minimum standards o& li,in! necessar/ &or the
health, eBcienc/ and !eneral well-bein! o& the
emlo/ees within the &ramewor1 o& the national
economic and social de,eloment ro!ram. 'n the
determination o& such re!ional minimum wa!es, the
(e!ional Board shall, amon! other rele,ant &actors,
consider the &ollowin!8

(a) The demand &or li,in! wa!es=
(b) 2a!e ad3ustment $is"9"$is the consumer rice
inde0=
(c) The cost o& li,in! and chan!es or increases
therein=
(d) The needs o& wor1ers and their &amilies=
(e) The need to induce industries to in,est in the
countr/side=
(&) 'mro,ements in standards o& li,in!=
(!) The re,ailin! wa!e le,els=
(h) Mair return o& the caital in,ested and caacit/ to
a/ o& emlo/ers=
(i) E;ects on emlo/ment !eneration and &amil/
income= and
(3) The e@uitable distribution o& income and wealth
alon! the imerati,es o& economic and social
de,eloment.

The wa!es rescribed in accordance with the
ro,isions o& this Title shall be the standard
re,ailin! minimum wa!es in e,er/ re!ion. These
wa!es shall include wa!es ,ar/in! with industries,
ro,inces or localities i& in the 3ud!ment o& the
(e!ional Board, conditions ma1e such local
di;erentiation roer and necessar/ to e;ectuate the
urose o& this Title.
An/ erson, coman/, cororation, artnershi or
an/ other entit/ en!a!ed in business shall 6le and
re!ister annuall/ with the aroriate (e!ional
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Board, Commission and the 9ational Statistics +Bce,
an itemized listin! o& their labor comonent,
seci&/in! the names o& their wor1ers and emlo/ees
below the mana!erial le,el, includin! learners,
arentices and disabledEhandicaed wor1ers who
were hired under the terms rescribed in the
emlo/ment contracts, and their corresondin!
salaries and wa!es.
2here the alication o& an/ rescribed wa!e
increase b/ ,irtue o& a law or wa!e order issued b/
an/ (e!ional Board results in distortions o& the wa!e
structure within an establishment, the emlo/er and
the union shall ne!otiate to correct the distortions.
An/ disute arisin! &rom wa!e distortions shall be
resol,ed throu!h the !rie,ance rocedure under
their collecti,e bar!ainin! a!reement and, i& it
remains unresol,ed, throu!h ,oluntar/ arbitration.
Nnless otherwise a!reed b/ the arties in writin!,
such disute shall be decided b/ the ,oluntar/
arbitrators within ten ("<) calendar da/s &rom the
time said disute was re&erred to ,oluntar/
arbitration.
'n cases where there are no collecti,e a!reements or
reco!nized labor unions, the emlo/ers and wor1ers
shall endea,or to correct such distortions. An/
disute arisin! there&rom shall be settled throu!h the
9ational Conciliation and Fediation Board and, i& it
remains unresol,ed a&ter ten ("<) calendar da/s o&
conciliation, shall be re&erred to the aroriate
branch o& the 9ational Labor (elations Commission
(9L(C). 't shall be mandator/ &or the 9L(C to
conduct continuous hearin!s and decide the disute
within twent/ (4<) calendar da/s &rom the time said
disute is submitted &or comulsor/ arbitration.
The endenc/ o& a disute arisin! &rom a wa!e
distortion shall not in an/ wa/ dela/ the alicabilit/
o& an/ increase in rescribed wa!e rates ursuant to
the ro,isions o& law or wa!e order.
As used herein, a wa!e distortion shall mean a
situation where an increase in rescribed wa!e rates
results in the elimination or se,ere contraction o&
intentional @uantitati,e di;erences in wa!e or salar/
rates between and amon! emlo/ee !rous in an
establishment as to e;ecti,el/ obliterate the
distinctions embodied in such wa!e structure based
on s1ills, len!th o& ser,ice, or other lo!ical bases o&
di;erentiation.
All wor1ers aid b/ result, includin! those who are
aid on iecewor1, ta(a!, pa(!a' or tas1 basis, shall
recei,e not less than the rescribed wa!e rates er
ei!ht ($) hours o& wor1 a da/, or a roortion thereo&
&or wor1in! less than ei!ht ($) hours.
All reco!nized learnershi and arenticeshi
a!reements shall be considered automaticall/
modi6ed inso&ar as their wa!e clauses are concerned
to reOect the rescribed wa!e rates. (As amended b/
(eublic Act 9o. D%4%, June #, "#$#).
A(T. "4A. Freedom to #argain. - 9o wa!e order shall
be construed to re,ent wor1ers in articular 6rms or
enterrises or industries &rom bar!ainin! &or hi!her
wa!es with their resecti,e emlo/ers. (As amended
b/ (eublic Act 9o. D%4%, June #, "#$#).
A(T. "4D. Prohi#ition against in:unction. Q 9o
reliminar/ or ermanent in3unction or temorar/
restrainin! order ma/ be issued b/ an/ court,
tribunal or other entit/ a!ainst an/ roceedin!s
be&ore the Commission or the (e!ional Boards. (As
amended b/ (eublic Act 9o. D%4%, June #, "#$#).
A(T. "4%. )on"diminution of #enefts. - 9o wa!e order
issued b/ an/ re!ional board shall ro,ide &or wa!e
rates lower than the statutor/ minimum wa!e rates
rescribed b/ Con!ress. (As amended b/ (eublic
Act 9o. D%4%, June #, "#$#).
(NLE '>
2a!e Studies and 5etermination
SECT'+9 ". 5e6nition o& terms. S (a) ['ndustr/[ shall
mean an/ identi6able !rou o& roducti,e units or
enterrises, whether oerated &or ro6t or not,
en!a!ed in similar or allied economic acti,ities in
which indi,iduals are !ain&ull/ emlo/ed.
(b) A [branch[ o& an industr/ is a wor1, roduct or
ser,ice !rouin! thereo& which can be considered a
distinct di,ision &or wa!e-60in! uroses.
(c) [Substantial number[ shall mean such an
areciable number o& emlo/ees in an industr/ as,
in the CommissionYs oinion, considerin! all rele,ant
&acts, ma/ re@uire action under Art. "4" o& the Code
to e;ectuate the uroses o& wa!e determination,
re!ardless o& the roortion o& such emlo/ees to the
total number o& emlo/ees in the industr/.
SECT'+9 4. 2a!e studies. S The 9ational 2a!es
Council shall conduct a continuin! stud/ o& wa!e
rates and other economic conditions in all industries,
a!ricultural and non-a!ricultural. The results o& such
stud/ shall be eriodicall/ disseminated to the
!o,ernment, labor and mana!ement sectors &or their
in&ormation and !uidance.
SECT'+9 ?. 2a!es recommendation. S '& a&ter such
stud/, the Commission is o& the oinion that a
substantial number o& emlo/ees in an/ !i,en
industr/ or branch thereo& are recei,in! wa!es,
which althou!h coml/in! with the minimum
ro,ided b/ law, are less than suBcient to maintain
them in health, eBcienc/ and !eneral well-bein!,
ta1in! into account, amon! others, the eculiar
circumstances o& the industr/ and its !eo!rahical
location, the Commission shall, with the aro,al o&
the Secretar/ o& Labor and Emlo/ment, roceed to
determine whether a wa!e recommendation should
be issued.
SECT'+9 C. Criteria &or wa!e 60in!. S (a) 'n addition
to the criteria established b/ Art. "4? o& the Code &or
minimum wa!e 60in!, the Commission shall
consider, amon! other &actors, social ser,ices and
bene6ts !i,en &ree to wor1ers and the ossible e;ect
o& a !i,en increase in the minimum wa!e on rices,
mone/ sul/, emlo/ment, labor mobilit/ and
roducti,it/, labor or!anization eBcac/, domestic
and &orei!n trade, and other rele,ant indicators o&
social and economic de,eloment.
(b) 2here a &air return to caital in,ested cannot be
reasonabl/ determined, or where the industr/
concerned is not oerated &or ro6t, its caacit/ to
a/, ta1in! into account all resources a,ailable to it,
shall be considered.
5uman E Labor ' E Pro&. Battad E Pa!e ""C
LAB+( LA2 " (E:'E2E(
SECT'+9 A. Puorum. S Three (?) members o& the
Commission, includin! its Chairman, shall constitute
a @uorum to transact the CommissionYs business.
SECT'+9 D. Commission actions, number o& ,otes
re@uired. S The ,otes o& at least three (?) members
o& the Commission shall be necessar/ to e;ect an/
decision or recommendation it is authorized to issue
under the Code and this rule8 Pro,ided, That in the
internal re!ulation and direction o& the &unctions o&
the CommissionYs sta; includin! the conduct o&
administrati,e rocesses and the maintenance o&
roer liaison and coordination with other
or!anizations, the Chairman shall not need the
consent o& the Commission or an/ member thereo&.
SECT'+9 %. +utside assistance. S The Commission
ma/ call uon the assistance and cooeration o& an/
!o,ernment a!enc/ or oBcial, and ma/ in,ite an/
ri,ate erson or or!anization to &urnish in&ormation
in connection with industr/ studies and wa!e 60in!
hearin!s or in aid o& the CommissionYs deliberations.
SECT'+9 $. Schedule o& hearin!s and notices. S The
Commission shall reare a schedule o& hearin!s &or
the recetion o& e,idence necessar/ &or wa!e 60in!
in an industr/, includin! a list o& witnesses that it will
in,ite and the date, time and lace o& the hearin!s. A
notice thereo& to all sectors o& the industr/ shall be
!i,en in the most e0editious manner. 't ma/ ha,e
rior consultations with labor and mana!ement
leaders in the industr/ &or the abo,e urose.
SECT'+9 #. Nnsolicited testimon/. S Persons who
o;er to testi&/ be&ore the Commission shall be heard
onl/ a&ter the Commission is satis6ed, uon brie&
reliminar/ e0amination, that the/ are in ossession
o& &acts rele,ant to the sub3ect o& in@uir/. The
Chairman, or in other cases, the erson conductin!
the hearin!, shall re,ise the schedule o& hearin!s
whene,er necessar/ to achie,e lo!ical se@uence o&
testimon/.
SECT'+9 "<. Comulsor/ rocesses. S (ecourse to
comulsor/ rocesses under the (e,ised
Administrati,e Code to ensure the attendance o&
witnesses andEor the roduction o& rele,ant
documentar/ e,idence shall be used onl/ on
occasions o& e0treme imortance and a&ter other
means shall ha,e &ailed, sub3ect to the aro,al o&
the Secretar/ o& Labor and Emlo/ment.
SECT'+9 "". *earin!s= where, b/ whom conducted.
S Commission hearin!s ma/ be conducted b/ the
Commission en banc, or, when authorized b/ the
Commission, b/ an/ member or hearin! oBcer
desi!nated b/ the Chairman. The hearin!s ma/ be
held where,er the industr/ or branches thereo& are
situated= otherwise the/ shall be held in the .reater
Fanila Area. The hearin!s shall be oen to the
ublic.
SECT'+9 "4. *earin!s be&ore sin!le member or
hearin! oBcer. S *earin!s conducted b/ a dul/
authorized member or hearin! oBcer shall be
considered as hearin!s be&ore the Commission. The
records o& such hearin!s shall be submitted to the
Commission as soon as the/ are comleted,
indicatin! the time and lace o& the hearin!s and the
aearances thereat, to!ether with a brie& statement
o& the 6ndin!s and recommendations o& the member
or hearin! oBcer concerned.
SECT'+9 "?. Testimon/ under oath. S The testimon/
o& all witnesses shall be made under oath or
aBrmation and shall be ta1en down and transcribed
b/ a dul/ aointed steno!rahic reorter.
SECT'+9 "C. 9on-alicabilit/ o& technical rules. S
The technical rules o& e,idence alied b/ the courts
in roceedin!s at law or e@uit/ shall not strictl/ al/
in an/ roceedin!s conducted be&ore the
Commission.
SECT'+9 "A. Stiulation o& &act. S Stiulations o& &act
ma/ be admitted with resect to an/ matter at issue
in the roceedin!s.
SECT'+9 "D. 5ocumentar/ e,idence. S 2ritten
e,idence submitted to the Commission or an/
member or hearin! oBcer shall be roerl/ mar1ed
to &acilitate identi6cation.
SECT'+9 "%. Submission o& industr/-reort. S 2ithin
si0t/ (D<) wor1in! da/s &rom the date o& the 6rst
hearin!, the Commission shall submit to the
Secretar/ o& Labor and Emlo/ment an ['ndustr/
(eort[ which shall relate in brie& the oerations that
led thereto, the basic 6ndin!s o& economic &acts
about the industr/ and the recommendations made
on the basis thereo&.
SECT'+9 "$. Action b/ the Secretar/ o& Labor and
Emlo/ment. S 2ithin thirt/ (?<) wor1in! da/s a&ter
the submission o& the ['ndustr/ (eort,[ the
Secretar/ o& Labor and Emlo/ment shall either
re3ect or aro,e the recommendation o& the
Commission in accordance with Art. "44 o& the Code.
'& he aro,es the recommendation, he shall issue a
2a!e +rder adotin! the same, sub3ect to the
aro,al o& the President o& the Philiines,
rescribin! the minimum wa!e or wa!es &or the
industr/ concerned.
SECT'+9 "#. 2a!e +rder. S The 2a!e +rder shall
seci&/ the industr/ or branch to which the minimum
wa!es rescribed therein shall al/= Pro,ided, That
no de6nite rates shall be rescribed &or seci6c 3ob
titles in the industr/.
SECT'+9 4<. :ar/in! minimum wa!es. S To 3usti&/
di;erent minimum wa!es &or di;erent localities, the
economic and other conditions &ound in a articular
localit/ must not onl/ be more or less uni&orm therein
but also di;erent &rom those re,ailin! in other
localities.
SECT'+9 4". Publication o& 2a!e +rder. S +nl/ such
ortions o& a 2a!e +rder shall be ublished as shall
e;ecti,el/ !i,e notice to all interested arties that
such an +rder has been issued, the industr/ a;ected,
the minimum wa!es rescribed and the date o& its
e;ecti,it/.
SECT'+9 44. E;ecti,it/. S A 2a!e +rder shall
become e;ecti,e a&ter 6&teen ("A) da/s &rom its
ublication as ro,ided in Article "4C o& the Code.
SECT'+9 4?. 'nternal rules o& the Commission. S
Sub3ect to the aro,al o& the Secretar/ o& Labor and
Emlo/ment, the 9ational 2a!es Council ma/ issue
rules and re!ulations !o,ernin! its internal
rocedure.
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a. (ationale &or 2a!e (ationalization, (A
D%4%, Sec. 4
Sec. 4. 't is hereb/ declared the olic/ o& the State to
rationalize the 60in! o& minimum wa!es and to
romote roducti,it/-imro,ement and !ain-sharin!
measures to ensure a decent standard o& li,in! &or
the wor1ers and their &amilies= to !uarantee the
ri!hts o& labor to its 3ust share in the &ruits o&
roduction= to enhance emlo/ment !eneration in
the countr/side throu!h industr/ disersal= and to
allow business and industr/ reasonable returns on
in,estment, e0ansion and !rowth.
The State shall romote collecti,e bar!ainin! as the
rimar/ mode o& settin! wa!es and other terms and
conditions o& emlo/ment= and, whene,er necessar/,
the minimum wa!e rates shall be ad3usted in a &air
and e@uitable manner, considerin! e0istin! re!ional
disarities in the cost o& li,in! and other socio-
economic &actors and the national economic and
social de,eloment lans.
b. A!encies in 2a!e Mi0in! Fachiner/
") 9ational 2a!es and Producti,it/
Commission, (A D%4%, Sec. ?= Arts. "4<, "4", "4D
4) (e!ional Triartite 2a!es and Producti,it/
Board, (A D%4%, Sec. ?= Arts. "44, "4D
9asiit Lumber Co. ,. 9L(C,
4$# SC(A DD% ("##$)
c. StandardsECriteria &or Finimum 2a!e
Mi0in!, (A D%4%, Sec. ?= Art. "4C
d. 2a!e +rder, Arts. "4?, "4C
") Fethods o& Mi0in!
a) Mloor 2a!e method
b) Salar/ Q Ceilin! Fethod
Emlo/ers Con&ederation o&
the Phil. :. 9ational 2a!e and Producti,it/
Commission, 4<" SC(A %A# ("##")
4) :alidit/
Ca!a/an Su!ar Fillin! Co. ,.
Secretar/, 5+LE, 4$C SC(A "A< ("##$)
5uman E Labor ' E Pro&. Battad E Pa!e ""D
LAB+( LA2 " (E:'E2E(
?) 2a!e 5istortion
Pruban1ers Association ,.
Prudential Ban1 ) Trust Co., ?<4 SC(A %C ("###)
?. 2a!e Pa/ment and Protection
a. Morm o& Pa/ment, Art. 4<4= Ci,il Code, Art.
"%<A= (ule :''', Secs. ", 4
A(T. 4<4. Erroneous pa!ment. - (a) '& the S/stem in
!ood &aith a/s income bene6t to a deendent who
is in&erior in ri!ht to another deendent or with
whom another deendent is entitled to share, such
a/ments shall dischar!e the S/stem &rom liabilit/,
unless and until such other deendent noti6es the
S/stem o& his claim rior to the a/ments.
(b) 'n case o& doubt as to the resecti,e ri!hts o&
ri,al claimants, the S/stem is hereb/ emowered to
determine as to whom a/ments should be made in
accordance with such re!ulations as the Commission
ma/ aro,e. '& the mone/ is a/able to a minor or
incometent, a/ment shall be made b/ the S/stem
to such erson or ersons as it ma/ consider to be
best @uali6ed to ta1e care and disose o& the minorIs
or incometentIs roert/ &or his bene6t.
9CC Art. "%<A. The laborerYs wa!es shall be aid in
le!al currenc/.
SECT'+9 ". Fanner o& wa!e a/ment. S As a
!eneral rule, wa!es shall be aid in le!al tender and
the use o& to1ens, romissor/ notes, ,ouchers,
couons, or an/ other &orm alle!ed to reresent le!al
tender is absolutel/ rohibited e,en when e0ressl/
re@uested b/ the emlo/ee.
SECT'+9 4. Pa/ment b/ chec1. S Pa/ment o& wa!es
b/ ban1 chec1s, ostal chec1s or mone/ orders is
allowed where such manner o& wa!e a/ment is
customar/ on the date o& the e;ecti,it/ o& the Code,
where it is so stiulated in a collecti,e a!reement, or
where all o& the &ollowin! conditions are met8
(a) There is a ban1 or other &acilit/ &or encashment
within a radius o& one (") 1ilometer &rom the
wor1lace=
(b) The emlo/er or an/ o& his a!ents or
reresentati,es does not recei,e an/ ecuniar/
bene6t directl/ or indirectl/ &rom the arran!ement=
(c) The emlo/ees are !i,en reasonable time durin!
ban1in! hours to withdraw their wa!es &rom the ban1
which time shall be considered as comensable
hours wor1ed i& done durin! wor1in! hours= and
(d) The a/ment b/ chec1 is with the written consent
o& the emlo/ees concerned i& there is no collecti,e
a!reement authorizin! the a/ment o& wa!es b/
ban1 chec1s.
Con!son ,. 9L(C, 4C? SC(A
4D< ("##A)
b. Time o& Pa/ment, Art. "<?, Sec. ?
A(T. "<?. 7ime of pa!ment. - 2a!es shall be aid at
least once e,er/ two (4) wee1s or twice a month at
inter,als not e0ceedin! si0teen ("D) da/s. '& on
account o& force ma:eure or circumstances be/ond
the emlo/erIs control, a/ment o& wa!es on or
within the time herein ro,ided cannot be made, the
emlo/er shall a/ the wa!es immediatel/ a&ter such
force ma:eure or circumstances ha,e ceased. 9o
emlo/er shall ma1e a/ment with less &re@uenc/
than once a month.
The a/ment o& wa!es o& emlo/ees en!a!ed to
er&orm a tas1 which cannot be comleted in two (4)
wee1s shall be sub3ect to the &ollowin! conditions, in
the absence o& a collecti,e bar!ainin! a!reement or
arbitration award8
(") That a/ments are made at inter,als not
e0ceedin! si0teen ("D) da/s, in roortion to the
amount o& wor1 comleted=
(4) That 6nal settlement is made uon comletion o&
the wor1.
SECT'+9 ?. Time o& a/ment. S (a) 2a!es shall be
aid not less than once e,er/ two (4) wee1s or twice
a month at inter,als not e0ceedin! si0teen ("D) da/s,
unless a/ment cannot be made with such re!ularit/
due to &orce ma3eure or circumstances be/ond the
5uman E Labor ' E Pro&. Battad E Pa!e ""%
LAB+( LA2 " (E:'E2E(
emlo/erYs control in which case the emlo/er shall
a/ the wa!es immediatel/ a&ter such &orce ma3eure
or circumstances ha,e ceased.
(b) 'n case o& a/ment o& wa!es b/ results in,ol,in!
wor1 which cannot be 6nished in two (4) wee1s,
a/ment shall be made at inter,als not e0ceedin!
si0teen da/s in roortion to the amount o& wor1
comleted. Minal settlement shall be made
immediatel/ uon comletion o& the wor1.
c. Place o& Pa/ment, Art. "<C, Sec. C
SECT'+9 C. Place o& a/ment. S As a !eneral rule,
the lace o& a/ment shall be at or near the lace o&
underta1in!. Pa/ment in a lace other than the wor1
lace shall be ermissible onl/ under the &ollowin!
circumstances8
(a) 2hen a/ment cannot be e;ected at or near the
lace o& wor1 b/ reason o& the deterioration o& eace
and order conditions, or b/ reason o& actual or
imendin! emer!encies caused b/ 6re, Oood,
eidemic or other calamit/ renderin! a/ment
thereat imossible=
(b) 2hen the emlo/er ro,ides &ree transortation
to the emlo/ees bac1 and &orth= and
(c) Nnder an/ other analo!ous circumstances=
Pro,ided, That the time sent b/ the emlo/ees in
collectin! their wa!es shall be considered as
comensable hours wor1ed=
(d) 9o emlo/er shall a/ his emlo/ees in an/ bar,
ni!ht or da/ club, drin1in! establishment, massa!e
clinic, dance hall, or other similar laces or in laces
where !ames are la/ed with sta1es o& mone/ or
thin!s reresentin! mone/ e0cet in the case o&
ersons emlo/ed in said laces.
LC A(T. "<C. Place of pa!ment. - Pa/ment o& wa!es
shall be made at or near the lace o& underta1in!,
e0cet as otherwise ro,ided b/ such re!ulations as
the Secretar/ o& Labor and Emlo/ment ma/
rescribe under conditions to ensure !reater
rotection o& wa!es.
See8 Labor Ad,isor/ on Pa/ment o& Salaries Thru
Automated Teller Fachines (ATF)
d. Person to Pa/, Art. "<A, Secs. A, D
SECT'+9 A. 5irect a/ment o& wa!es. S Pa/ment o&
wa!es shall be made direct to the emlo/ee entitled
thereto e0cet in the &ollowin! cases8
(a) 2here the emlo/er is authorized in writin! b/
the emlo/ee to a/ his wa!es to a member o& his
&amil/=
(b) 2here a/ment to another erson o& an/ art o&
the emlo/eeYs wa!es is authorized b/ e0istin! law,
includin! a/ments &or the insurance remiums o&
the emlo/ee and union dues where the ri!ht to
chec1-o; has been reco!nized b/ the emlo/er in
accordance with a collecti,e a!reement or
authorized in writin! b/ the indi,idual emlo/ees
concerned= or
(c) 'n case o& death o& the emlo/ee as ro,ided in
the succeedin! Section.
SECT'+9 D. 2a!es o& deceased emlo/ee. S The
a/ment o& the wa!es o& a deceased emlo/ee shall
be made to his heirs without the necessit/ o&
intestate roceedin!s. 2hen the heirs are o& a!e,
the/ shall e0ecute an aBda,it attestin! to their
relationshi to the deceased and the &act that the/
are his heirs to the e0clusion o& all other ersons. 'n
case an/ o& the heirs is a minor, such aBda,it shall
be e0ecuted in his behal& b/ his natural !uardian or
ne0t o& 1in. Non resentation o& the aBda,it to the
emlo/er, he shall ma1e a/ment to the heirs as
reresentati,e o& the Secretar/ o& Labor and
Emlo/ment.
A(T. "<A. &irect pa!ment of 'ages. - 2a!es shall be
aid directl/ to the wor1ers to whom the/ are due,
e0cet8
(a) 'n cases o& force ma:eure renderin! such a/ment
imossible or under other secial circumstances to
be determined b/ the Secretar/ o& Labor and
Emlo/ment in aroriate re!ulations, in which
case, the wor1er ma/ be aid throu!h another
erson under written authorit/ !i,en b/ the wor1er
&or the urose= or
(b) 2here the wor1er has died, in which case, the
emlo/er ma/ a/ the wa!es o& the deceased wor1er
to the heirs o& the latter without the necessit/ o&
intestate roceedin!s. The claimants, i& the/ are all
o& a!e, shall e0ecute an aBda,it attestin! to their
relationshi to the deceased and the &act that the/
are his heirs, to the e0clusion o& all other ersons. '&
an/ o& the heirs is a minor, the aBda,it shall be
e0ecuted on his behal& b/ his natural !uardian or
ne0t-o&-1in. The aBda,it shall be resented to the
emlo/er who shall ma1e a/ment throu!h the
Secretar/ o& Labor and Emlo/ment or his
reresentati,e. The reresentati,e o& the Secretar/
o& Labor and Emlo/ment shall act as re&eree in
di,idin! the amount aid amon! the heirs. The
a/ment o& wa!es under this Article shall absol,e the
emlo/er o& an/ &urther liabilit/ with resect to the
amount aid.
Bermiso ,. Escano, 'nc., "<A
Phil. 4?" ("#A#)
C. 2a!e Prohibitions
a. 2a!e 'nter&erence in 5isosal o& 2a!es, Art.
""4= (ule :''', Sec. #
a. 2a!e 'nter&erence in 5isosal o& 2a!es,
Art. ""4= (ule :''', Sec. #
5uman E Labor ' E Pro&. Battad E Pa!e ""$
LAB+( LA2 " (E:'E2E(
A(T. ""4. )on"interference in disposal of 'ages. - 9o
emlo/er shall limit or otherwise inter&ere with the
&reedom o& an/ emlo/ee to disose o& his wa!es. *e
shall not in an/ manner &orce, comel, or obli!e his
emlo/ees to urchase merchandise, commodities or
other roert/ &rom an/ other erson, or otherwise
ma1e use o& an/ store or ser,ices o& such emlo/er
or an/ other erson.
SECT'+9 #. Labor-onl/ contractin!. S (a) An/ erson
who underta1es to sul/ wor1ers to an emlo/er
shall be deemed to be en!a!ed in labor-onl/
contractin! where such erson8
(") 5oes not ha,e substantial caital or in,estment
in the &orm o& tools, e@uiment, machineries, wor1
remises and other materials= and
(4) The wor1ers recruited and laced b/ such erson
are er&ormin! acti,ities which are directl/ related to
the rincial business or oerations o& the emlo/er
in which wor1ers are habituall/ emlo/ed.
(b) Labor-onl/ contractin! as de6ned herein is hereb/
rohibited and the erson actin! as contractor shall
be considered merel/ as an a!ent or intermediar/ o&
the emlo/er who shall be resonsible to the wor1ers
in the same manner and e0tent as i& the latter were
directl/ emlo/ed b/ him.
(c) Mor cases not &allin! under this (ule, the Secretar/
o& Labor and Emlo/ment shall determine throu!h
aroriate orders whether or not the contractin!
out o& labor is ermissible in the li!ht o& the
circumstances o& each case and a&ter considerin! the
oeratin! needs o& the emlo/er and the ri!hts o&
the wor1ers in,ol,ed. 'n such case, he ma/ rescribe
conditions and restrictions to insure the rotection
and wel&are o& the wor1ers.
b. 2a!e 5eduction, Art. ""?= (ule :''', Sec. "<
A(T. ""?. /age deduction. - 9o emlo/er, in his own
behal& or in behal& o& an/ erson, shall ma1e an/
deduction &rom the wa!es o& his emlo/ees, e0cet8
(a) 'n cases where the wor1er is insured with his
consent b/ the emlo/er, and the deduction is to
recomense the emlo/er &or the amount aid b/
him as remium on the insurance=
(b) Mor union dues, in cases where the ri!ht o& the
wor1er or his union to chec1-o; has been reco!nized
b/ the emlo/er or authorized in writin! b/ the
indi,idual wor1er concerned= and
(c) 'n cases where the emlo/er is authorized b/ law
or re!ulations issued b/ the Secretar/ o& Labor and
Emlo/ment.
SECT'+9 "<. Pa/ment o& wa!es in case o&
ban1rutc/. S Nnaid wa!es earned b/ the
emlo/ees be&ore the declaration o& ban1rutc/ or
3udicial li@uidation o& the emlo/erYs business shall
be !i,en 6rst re&erence and shall be aid in &ull
be&ore other creditors ma/ establish an/ claim to a
share in the assets o& the emlo/er.
Aodaca ,. 9L(C, "%4 SC(A
CC4 ("#$#)
c. (e@uirement to ma1e 5eosits &or Loss or
5ama!e, Art. Arts. ""C, ""A= (ule :''', Sec. ""
A(T. ""C. &eposits for loss or damage. - 9o
emlo/er shall re@uire his wor1er to ma1e deosits
&rom which deductions shall be made &or the
reimbursement o& loss o& or dama!e to tools,
materials, or e@uiment sulied b/ the emlo/er,
e0cet when the emlo/er is en!a!ed in such
trades, occuations or business where the ractice
o& ma1in! deductions or re@uirin! deosits is a
reco!nized one, or is necessar/ or desirable as
determined b/ the Secretar/ o& Labor and
Emlo/ment in aroriate rules and re!ulations.
A(T. ""A. ;imitations. - 9o deduction &rom the
deosits o& an emlo/ee &or the actual amount o&
the loss or dama!e shall be made unless the
emlo/ee has been heard thereon, and his
SECT'+9 "". Attorne/Ys &ees. S Attorne/Ys &ees in
an/ 3udicial or administrati,e roceedin!s &or the
reco,er/ o& wa!es shall not e0ceed "< ercent o&
the amount awarded. The &ees ma/ be deducted
&rom the total amount due the winnin! art/
resonsibilit/ has been clearl/ shown.
5entech Fanu&acturin! Cor.
9L(C, "%4 SC(A A$$ ("#$#)
5uman E Labor ' E Pro&. Battad E Pa!e ""#
LAB+( LA2 " (E:'E2E(
Mi,e J Ta0i ,. 9L(C, 4?A SC(A
AAD ("##C)
e. 2ithholdin! o& 2a!es, Art. ""D= Ci,il
Code, Art. "%<D
A(T. ""D. /ithholding of 'ages and (ic(#ac(s
prohi#ited. - 't shall be unlaw&ul &or an/ erson,
directl/ or indirectl/, to withhold an/ amount &rom
the wa!es o& a wor1er or induce him to !i,e u an/
art o& his wa!es b/ &orce, stealth, intimidation,
threat or b/ an/ other means whatsoe,er without
the wor1erIs consent.
9CC Art. "%<D. 2ithholdin! o& the wa!es, e0cet
&or a debt due, shall not be made b/ the emlo/er.
&. 5eduction to Ensure Emlo/ment, Art.
""%
A(T. ""%. &eduction to ensure emplo!ment. - 't shall
be unlaw&ul to ma1e an/ deduction &rom the wa!es
o& an/ emlo/ee &or the bene6t o& the emlo/er or
his reresentati,e or intermediar/ as consideration o&
a romise o& emlo/ment or retention in
emlo/ment.
!. (etaliator/ Feasures, Art. ""$
A(T. ""$. .etaliator! measures. - 't shall be unlaw&ul
&or an emlo/er to re&use to a/ or reduce the wa!es
and bene6ts, dischar!e or in an/ manner
discriminate a!ainst an/ emlo/ee who has 6led an/
comlaint or instituted an/ roceedin! under this
Title or has testi6ed or is about to testi&/ in such
roceedin!s.
h. Malse (eortin!, Art. ""#= (ule >, Sec.
"?
A(T. ""#. False reporting. - 't shall be unlaw&ul &or
an/ erson to ma1e an/ statement, reort, or record
6led or 1et ursuant to the ro,isions o& this Code
1nowin! such statement, reort or record to be &alse
in an/ material resect.
SECT'+9 "?. Malse reortin!. S 't shall be unlaw&ul
&or an/ emlo/er or an/ erson to ma1e an/ &alse
statement, reort or record on matters re@uired to be
1et or maintained ursuant to the ro,isions o& this
(ule.
i. Ueein! o& Emlo/eeIs (ecords in a
Place other than the 2or1lace
South Fotorists Enterrises ,.
Tosoc, "$" SC(A ?$D ("##<)
3. .arnishmentEE0ecution, Ci,il Code, Art.
"%<$
9CC Art. "%<$. The laborerYs wa!es shall not be
sub3ect to e0ecution or attachment, e0cet &or debts
incurred &or &ood, shelter, clothin! and medical
attendance.
.AA ,. Court o& Aeals, "C<
SC(A ?<C ("#$A)
Secial Steel Cor. ,. :illareal,
C?C SC(A "# (4<<C)
5uman E Labor ' E Pro&. Battad E Pa!e "4<
LAB+( LA2 " (E:'E2E(
A. 2or1 Pre&erence in the E,ent o& Ban1rutc/,
Art. ""<= Boo1 ''', (ule :''', Sec. %= ci,il Code, Arts.
"4<%, 44C" (D), 44C4 (?), 44CC (4)
LC A(T. ""<. /or(er preference in case of
#an(ruptc!. - 'n the e,ent o& ban1rutc/ or
li@uidation o& an emlo/erIs business, his wor1ers
shall en3o/ 6rst re&erence as re!ards their wa!es
and other monetar/ claims, an/ ro,isions o& law to
the contrar/ notwithstandin!. Such unaid wa!es
and monetar/ claims shall be aid in &ull be&ore
claims o& the !o,ernment and other creditors ma/ be
aid. (As amended b/ Section ", (eublic Act 9o.
D%"A, Farch 4", "#$#).
'(( SECT'+9 %. Ci,il liabilit/ o& emlo/er and
contractors. S E,er/ emlo/er or indirect emlo/er
shall be 3ointl/ and se,erall/ liable with his
contractor or sub-contractor &or the unaid wa!es o&
the emlo/ees o& the latter. Such emlo/er or
indirect emlo/er ma/ re@uire the contractor or sub-
contractor to &urnish a bond e@ual to the cost o& labor
under contract on condition that the bond will answer
&or the wa!es due the emlo/ees should the
contractor or subcontractor, as the case ma/ be, &ail
to a/ the same.
9CC Art. 44C". 2ith re&erence to seci6c mo,able
roert/ o& the debtor, the &ollowin! claims or liens
shall be re&erred8
(D) Claims &or laborersY wa!es, on the !oods
manu&actured or the wor1 done= 000
Art. 44C4. 2ith re&erence to seci6c immo,able
roert/ and real ri!hts o& the debtor, the &ollowin!
claims, mort!a!es and liens shall be re&erred, and
shall constitute an encumbrance on the immo,able
or real ri!ht8
(?) Claims o& laborers, masons, mechanics and other
wor1men, as well as o& architects, en!ineers and
contractors, en!a!ed in the construction,
reconstruction or reair o& buildin!s, canals or other
wor1s, uon said buildin!s, canals or other wor1s=
000
Art. 44CC. 2ith re&erence to other roert/, real and
ersonal, o& the debtor, the &ollowin! claims or
credits shall be re&erred in the order named8
(4) Credits &or ser,ices rendered the insol,ent b/
emlo/ees, laborers, or household helers &or one
/ear recedin! the commencement o& the
roceedin!s in insol,enc/= 000
Art. "4<%. The concurrence o& two or more creditors
or o& two or more debtors in one and the same
obli!ation does not iml/ that each one o& the &ormer
has a ri!ht to demand, or that each one o& the latter
is bound to render, entire comliance with the
restation. There is a solidar/ liabilit/ onl/ when the
obli!ation e0ressl/ so states, or when the law or the
nature o& the obli!ation re@uires solidarit/. (""?%a)
(eublic ,. Peralta, "A< SC(A ?% ("#$%)
Fanila Ban1in! Cor. ,. 9L(C, 4%#
SC(A D<4, D4"-DC4 ("##%)
5uman E Labor ' E Pro&. Battad E Pa!e "4"
LAB+( LA2 " (E:'E2E(
D. 2a!e (eco,er/EJurisdiction, arts. "4$, "4#,
4"%, """= Boo1 ''', (ule >, Secs. "-A
A(T. "4$. <isitorial and enforcement po'er. - (a) The
Secretar/ o& Labor and Emlo/ment or his dul/
authorized reresentati,es, includin! labor re!ulation
oBcers, shall ha,e access to emlo/erIs records and
remises at an/ time o& the da/ or ni!ht whene,er
wor1 is bein! underta1en therein, and the ri!ht to
co/ there&rom, to @uestion an/ emlo/ee and
in,esti!ate an/ &act, condition or matter which ma/
be necessar/ to determine ,iolations or which ma/
aid in the en&orcement o& this Code and o& an/ labor
law, wa!e order or rules and re!ulations issued
ursuant thereto.
(b) 9otwithstandin! the ro,isions o& Articles "4#
and 4"% o& this Code to the contrar/, and in cases
where the relationshi o& emlo/er-emlo/ee still
e0ists, the Secretar/ o& Labor and Emlo/ment or his
dul/ authorized reresentati,es shall ha,e the ower
to issue comliance orders to !i,e e;ect to the labor
standards ro,isions o& this Code and other labor
le!islation based on the 6ndin!s o& labor
emlo/ment and en&orcement oBcers or industrial
sa&et/ en!ineers made in the course o& insection.
The Secretar/ or his dul/ authorized reresentati,es
shall issue writs o& e0ecution to the aroriate
authorit/ &or the en&orcement o& their orders, e0cet
in cases where the emlo/er contests the 6ndin!s o&
the labor emlo/ment and en&orcement oBcer and
raises issues suorted b/ documentar/ roo&s which
were not considered in the course o& insection. (As
amended b/ (eublic Act 9o. %%?<, June 4, "##C).
An order issued b/ the dul/ authorized
reresentati,e o& the Secretar/ o& Labor and
Emlo/ment under this Article ma/ be aealed to
the latter. 'n case said order in,ol,es a monetar/
award, an aeal b/ the emlo/er ma/ be er&ected
onl/ uon the ostin! o& a cash or suret/ bond issued
b/ a reutable bondin! coman/ dul/ accredited b/
the Secretar/ o& Labor and Emlo/ment in the
amount e@ui,alent to the monetar/ award in the
order aealed &rom. (As amended b/ (eublic Act
9o. %%?<, June 4, "##C).
(c) The Secretar/ o& Labor and Emlo/ment ma/
li1ewise order stoa!e o& wor1 or susension o&
oerations o& an/ unit or deartment o& an
establishment when non-comliance with the law or
imlementin! rules and re!ulations oses !ra,e and
imminent dan!er to the health and sa&et/ o& wor1ers
in the wor1lace. 2ithin twent/-&our hours, a hearin!
shall be conducted to determine whether an order &or
the stoa!e o& wor1 or susension o& oerations
shall be li&ted or not. 'n case the ,iolation is
attributable to the &ault o& the emlo/er, he shall a/
the emlo/ees concerned their salaries or wa!es
durin! the eriod o& such stoa!e o& wor1 or
susension o& oeration.
(d) 't shall be unlaw&ul &or an/ erson or entit/ to
obstruct, imede, dela/ or otherwise render
ine;ecti,e the orders o& the Secretar/ o& Labor and
Emlo/ment or his dul/ authorized reresentati,es
issued ursuant to the authorit/ !ranted under this
Article, and no in&erior court or entit/ shall issue
temorar/ or ermanent in3unction or restrainin!
order or otherwise assume 3urisdiction o,er an/ case
in,ol,in! the en&orcement orders issued in
accordance with this Article.
(e) An/ !o,ernment emlo/ee &ound !uilt/ o&
,iolation o&, or abuse o& authorit/, under this Article
shall, a&ter aroriate administrati,e in,esti!ation,
be sub3ect to summar/ dismissal &rom the ser,ice.
(&) The Secretar/ o& Labor and Emlo/ment ma/, b/
aroriate re!ulations, re@uire emlo/ers to 1ee
and maintain such emlo/ment records as ma/ be
necessar/ in aid o& his ,isitorial and en&orcement
owers under this Code.
A(T. "4#. .eco$er! of 'ages, simple mone! claims
and other #enefts. - Non comlaint o& an/
interested art/, the (e!ional 5irector o& the
5eartment o& Labor and Emlo/ment or an/ o& the
dul/ authorized hearin! oBcers o& the 5eartment is
emowered, throu!h summar/ roceedin! and a&ter
due notice, to hear and decide an/ matter in,ol,in!
the reco,er/ o& wa!es and other monetar/ claims
and bene6ts, includin! le!al interest, owin! to an
emlo/ee or erson emlo/ed in domestic or
household ser,ice or househeler under this Code,
arisin! &rom emlo/er-emlo/ee relations8 Pro,ided,
That such comlaint does not include a claim &or
reinstatement8 Pro,ided &urther, That the a!!re!ate
mone/ claims o& each emlo/ee or househeler does
not e0ceed Mi,e thousand esos (PA,<<<.<<). The
(e!ional 5irector or hearin! oBcer shall decide or
resol,e the comlaint within thirt/ (?<) calendar da/s
&rom the date o& the 6lin! o& the same. An/ sum thus
reco,ered on behal& o& an/ emlo/ee or househeler
ursuant to this Article shall be held in a secial
deosit account b/, and shall be aid on order o&, the
Secretar/ o& Labor and Emlo/ment or the (e!ional
5irector directl/ to the emlo/ee or househeler
concerned. An/ such sum not aid to the emlo/ee
or househeler because he cannot be located a&ter
dili!ent and reasonable e;ort to locate him within a
eriod o& three (?) /ears, shall be held as a secial
&und o& the 5eartment o& Labor and Emlo/ment to
be used e0clusi,el/ &or the amelioration and bene6t
o& wor1ers.
An/ decision or resolution o& the (e!ional 5irector or
hearin! oBcer ursuant to this ro,ision ma/ be
aealed on the same !rounds ro,ided in Article
44? o& this Code, within 6,e (A) calendar da/s &rom
receit o& a co/ o& said decision or resolution, to the
9ational Labor (elations Commission which shall
resol,e the aeal within ten ("<) calendar da/s &rom
the submission o& the last leadin! re@uired or
allowed under its rules.chan robles ,irtual law librar/
The Secretar/ o& Labor and Emlo/ment or his dul/
authorized reresentati,e ma/ suer,ise the
a/ment o& unaid wa!es and other monetar/ claims
and bene6ts, includin! le!al interest, &ound owin! to
an/ emlo/ee or househeler under this Code. (As
amended b/ Section 4, (eublic Act 9o. D%"A, Farch
4", "#$#).
A(T. 4"%. =urisdiction of the ;a#or Ar#iters and the
Commission. - (a) E0cet as otherwise ro,ided
under this Code, the Labor Arbiters shall ha,e
ori!inal and e0clusi,e 3urisdiction to hear and decide,
within thirt/ (?<) calendar da/s a&ter the submission
o& the case b/ the arties &or decision without
e0tension, e,en in the absence o& steno!rahic
notes, the &ollowin! cases in,ol,in! all wor1ers,
whether a!ricultural or non-a!ricultural8
5uman E Labor ' E Pro&. Battad E Pa!e "44
LAB+( LA2 " (E:'E2E(
". Nn&air labor ractice cases=
4. Termination disutes=
?. '& accomanied with a claim &or reinstatement,
those cases that wor1ers ma/ 6le in,ol,in! wa!es,
rates o& a/, hours o& wor1 and other terms and
conditions o& emlo/ment=
C. Claims &or actual, moral, e0emlar/ and other
&orms o& dama!es arisin! &rom the emlo/er-
emlo/ee relations=
A. Cases arisin! &rom an/ ,iolation o& Article 4DC o&
this Code, includin! @uestions in,ol,in! the le!alit/
o& stri1es and loc1outs= and
D. E0cet claims &or Emlo/ees Comensation, Social
Securit/, Fedicare and maternit/ bene6ts, all other
claims arisin! &rom emlo/er-emlo/ee relations,
includin! those o& ersons in domestic or household
ser,ice, in,ol,in! an amount e0ceedin! 6,e
thousand esos (PA,<<<.<<) re!ardless o& whether
accomanied with a claim &or reinstatement.
(b) The Co!""!o# "hall ha$e e%&l'"!$e a((ella)e *'+!",!&)!o#
o$e+ all &a"e" ,e&!,e, b- Labo+ A+b!)e+".
(c) Cases arisin! &rom the interretation or
imlementation o& collecti,e bar!ainin! a!reements
and those arisin! &rom the interretation or
en&orcement o& coman/ ersonnel olicies shall be
disosed o& b/ the Labor Arbiter b/ re&errin! the
same to the !rie,ance machiner/ and ,oluntar/
arbitration as ma/ be ro,ided in said a!reements.
(As amended b/ Section #, (eublic Act 9o. D%"A,
Farch 4", "#$#).
A(T. """. Attorne!>s fees. - (a) 'n cases o& unlaw&ul
withholdin! o& wa!es, the culable art/ ma/ be
assessed attorne/Is &ees e@ui,alent to ten ercent o&
the amount o& wa!es reco,ered.
SECT'+9 ". :isitorial ower. S The Secretar/ o&
Labor and Emlo/ment or his dul/ authorized
reresentati,es, includin! Labor (e!ulations +Bcers
or 'ndustrial Sa&et/ En!ineers, shall ha,e access to
emlo/erYs records and remises at an/ time o& the
da/ or ni!ht whene,er wor1 is bein! underta1en
therein, and ri!ht to co/ there&rom, to @uestion an/
emlo/ee, and to in,esti!ate an/ &act, condition or
matter rele,ant to the en&orcement o& an/ ro,ision
o& the Code and o& an/ labor law, wa!e order or rules
and re!ulations issued ursuant thereto.
SECT'+9 4. En&orcement ower. S (a) The (e!ional
5irector in cases where emlo/er relations shall
e0ist, shall ha,e the ower to order and administer,
a&ter due notice and hearin!, comliance with the
labor standards ro,isions o& the Code and other
labor le!islations based on the 6ndin!s o& the Labor
(e!ulation +Bcers or 'ndustrial Sa&et/ En!ineers
(Labor Standard and 2el&are +Bcer) and made in the
course o& insection, and to issue writs o& e0ecution
to the aroriate authorit/ o& the en&orcement o& his
order. 'n line with the ro,isions o& Article "4$ in
relation to Articles 4$# and 4#< o& the Labor Code as
amended in cases, howe,er, where the emlo/er
contests the 6ndin!s o& the Labor Standards and
2el&are +Bcers and raises issues which cannot be
resol,ed without considerin! e,identiar/ matters
that are not ,eri6able in the normal course o&
insection, the (e!ional 5irector concerned shall
indorse the case to the aroriate arbitration
branch o& the 9ational Labor (elations Commission
&or ad3udication.
(b) The (e!ional 5irector shall !i,e the emlo/er
6&teen ("A) da/s within which to coml/ with his
order be&ore issuin! a writ o& e0ecution. Co/ o& such
order or writ o& e0ecution shall immediatel/ be
&urnished the Secretar/ o& Labor and Emlo/ment.
SECT'+9 ?. En&orcement ower on health and sa&et/
o& wor1ers. S (a) The (e!ional 5irector ma/ li1ewise
order stoa!e o& wor1 or susension o& oerations
o& an/ unit or deartment o& an establishment when
non-comliance with the law, sa&et/ order or
imlementin! rules and re!ulations oses !ra,e and
imminent dan!er to the health and sa&et/ o& wor1ers
in the wor1lace.
(b) 2ithin 4C hours &rom issuance o& the order o&
stoa!e or susension, a hearin! shall be
conducted to determine whether the order &or the
stoa!e o& wor1 or susension o& oeration shall be
li&ted or not. The roceedin!s shall be terminated
within se,ent/-two (%4) hours and a co/ o& such
order or resolution shall be immediatel/ &urnished
the Secretar/ o& Labor and Emlo/ment. 'n case the
,iolation is attributable to the &ault o& the emlo/er,
he shall a/ the emlo/ees concerned their salaries
or wa!es durin! the eriod o& such stoa!e o& wor1
or susension o& oeration.
SECT'+9 C. Power to re,iew. S (a) The Secretar/ o&
Labor and Emlo/ment, at his own initiati,e or uon
re@uest o& the emlo/er andEor emlo/ee, ma/
re,iew the order o& the (e!ional 5irector. The order
o& the (e!ional 5irector shall be immediatel/ 6nal
and e0ecutor/ unless sta/ed b/ the Secretar/ o&
Labor and Emlo/ment uon ostin! b/ the
emlo/er o& a reasonable cash or suret/ bond as
60ed b/ the (e!ional 5irector.
(b) 'n aid o& his ower o& re,iew, the Secretar/ o&
Labor and Emlo/ment ma/ direct the Bureau o&
2or1in! Conditions to e,aluate the 6ndin!s or orders
o& the (e!ional 5irector. The decision o& the
Secretar/ o& Labor and Emlo/ment shall be 6nal and
e0ecutor/.
SECT'+9 A. 'nter&erence and in3unctions rohibited.
S 't shall be unlaw&ul &or an/ erson or entit/ to
obstruct, imede, dela/ or otherwise render
ine;ecti,e the e0ercise o& the en&orcement ower o&
the Secretar/ o& Labor and Emlo/ment, (e!ional
5irector or their dul/ authorized reresentati,es
ursuant to the authorit/ !ranted b/ the Code and its
imlementin! rules and re!ulations, and no in&erior
court or entit/ shall issue temorar/ or ermanent
in3unction or restrainin! order or otherwise assume
3urisdiction o,er an/ case in,ol,in! the en&orcement
orders issued in accordance with the Code. 'n
addition to the enalties ro,ided &or b/ the Labor
Code, an/ !o,ernment emlo/ees &ound !uilt/ o&
,iolation or abuse o& authorit/, shall be sub3ect to the
ro,isions o& Presidential 5ecree 9o. D.
Cirineo Bowlin! Plaza ,. .err/
Sensin!, sura
5uman E Labor ' E Pro&. Battad E Pa!e "4?
LAB+( LA2 " (E:'E2E(
San Fi!uel Cororation ,. Court o&
Aeals, supra
.uico ,. Sec. o& Labor, 4#$ SC(A
DD% ("##$)
=. T($reen( )on( .a5
". *istor/ o& the Law
5entech F&!. Cor. ,. 9L(C, supra
4. Co,era!e
Archilles Fanu&acturin! Cor. ,,
9L(C, 4CC SC(A %A< ("##A)
Nltra :illa Mood *aus ,. .eniston,
?<# SC(A "% ("###)
?. (ationale, P5 $A", 2hereas
Clauses and L'mitations
/*E.EAS, it is necessar/ to &urther rotect the le,el
o& real wa!es &rom the ra,a!e o& worldwide inOation=

/*E.EAS, there has been no increase in the le!al
minimum wa!e rates since "#%<=

/*E.EAS, the Christmas season is an oortune
time &or societ/ to show its concern &or the li!ht o&
the wor1in! masses so the/ ma/ roerl/ celebrate
Christmas and 9ew Xear.

Section ". All emlo/ers are hereb/ re@uired to a/
all their emlo/ees recei,in! a basic salar/ o& not
more than P",<<< a month, re!ardless o& the nature
o& their emlo/ment, a "?th-month a/ not later
than 5ecember 4C o& e,er/ /ear.

Sec. 4. Emlo/ers alread/ a/in! their emlo/ees a
"?th-month a/ or its e@ui,alent are not co,ered b/
this 5ecree.
C. Amount and 5ate o& Pa/ment
a. Basic 2a!eECommissions
Boie Ta1eda ,. 5ela Serna,
Supra
5uman E Labor ' E Pro&. Battad E Pa!e "4C
LAB+( LA2 " (E:'E2E(
'ran ,. 9L(C, supra
*onda Philiines 'nc. ,.
Samahan n! Fala/an! Fan!!a!awa sa *onda, CD<
SC(A "$D (4<<A)
b. Substitute Pa/ment
Mramanlis Marms, 'nc. ,. 9L(C,
"%" SC(A $% ("#$#)
c. "C
th
Fonth Pa/
Uama/a Port *otel ,. 9L(C,
"%% SC(A "D< ("#$#)
d. 5iminution
5a,ao Mruits Cor. ,.
Associated Labor Nnions, supra
I. Bon&s
". 9ature
Philiine 5ulicators 'nc. ,.
9L(C, 4C" SC(A ?$< ("##A)
4. 5e6nition= 2hen 5emandable
Farcos ,. 9L(C, 4C$ SC(A "CD
("##A)
5uman E Labor ' E Pro&. Battad E Pa!e "4A
LAB+( LA2 " (E:'E2E(
Business 'n&ormation S/stems
and Ser,ices, 'nc. ,. 9L(C, 44" SC(A #
("##?)Philiine Aliance Cor. ,. Court o& Aeals,
C?< SC(A A4A (4<<C)
American 2ire and Cable 5ail/
(ated Emlo/ees Nnion ,. American 2ire and Cable
Co., 'nc., CA% SC(A D$C (4<<A)
%. WorB$n' Con"$$ons -or Spec$a# Gro&p
o- WorBers
". 2omen, Arts. "?<-"?$= +mnibus (ules, Boo1
''', (ule >'', Sec. "= Constitution, Arts. '', Sec. "? )
>''', Sec. "C= Con,ention on the Elimination o& All
Morms o& 5iscrimination A!ainst 2omen (CE5A2),
Arts. ""-"?= 'L+ Con,ention 9os. "<< ) """
Chater '
EFPL+XFE9T +M 2+FE9
A(T. "?<. )ight'or( prohi#ition. - 9o woman,
re!ardless o& a!e, shall be emlo/ed or ermitted or
su;ered to wor1, with or without comensation8
(a) 'n an/ industrial underta1in! or branch thereo&
between ten oIcloc1 at ni!ht and si0 oIcloc1 in the
mornin! o& the &ollowin! da/= or
(b) 'n an/ commercial or non-industrial underta1in!
or branch thereo&, other than a!ricultural, between
midni!ht and si0 oIcloc1 in the mornin! o& the
&ollowin! da/= or
(c) 'n an/ a!ricultural underta1in! at ni!httime
unless she is !i,en a eriod o& rest o& not less than
nine (#) consecuti,e hours.
A(T. "?". Exceptions. - The rohibitions rescribed b/
the recedin! Article shall not al/ in an/ o& the
&ollowin! cases8
(a) 'n cases o& actual or imendin! emer!encies
caused b/ serious accident, 6re, Oood, t/hoon,
earth@ua1e, eidemic or other disasters or calamit/,
to re,ent loss o& li&e or roert/, or in cases o& force
ma:eure or imminent dan!er to ublic sa&et/=
(b) 'n case o& ur!ent wor1 to be er&ormed on
machineries, e@uiment or installation, to a,oid
serious loss which the emlo/er would otherwise
su;er=
(c) 2here the wor1 is necessar/ to re,ent serious
loss o& erishable !oods=
(d) 2here the woman emlo/ee holds a resonsible
osition o& mana!erial or technical nature, or where
the woman emlo/ee has been en!a!ed to ro,ide
health and wel&are ser,ices=
(e) 2here the nature o& the wor1 re@uires the manual
s1ill and de0terit/ o& women wor1ers and the same
cannot be er&ormed with e@ual eBcienc/ b/ male
wor1ers=
(&) 2here the women emlo/ees are immediate
members o& the &amil/ oeratin! the establishment
or underta1in!= and
(!) Nnder other analo!ous cases e0emted b/ the
Secretar/ o& Labor and Emlo/ment in aroriate
re!ulations.
A(T. "?4. Facilities for 'omen. - The Secretar/ o&
Labor and Emlo/ment shall establish standards that
will ensure the sa&et/ and health o& women
emlo/ees. 'n aroriate cases, he shall, b/
re!ulations, re@uire an/ emlo/er to8
(a) Pro,ide seats roer &or women and ermit them
to use such seats when the/ are &ree &rom wor1 and
durin! wor1in! hours, ro,ided the/ can er&orm
their duties in this osition without detriment to
eBcienc/=
(b) To establish searate toilet rooms and la,atories
&or men and women and ro,ide at least a dressin!
room &or women=
(c) To establish a nurser/ in a wor1lace &or the
bene6t o& the women emlo/ees therein= and
(d) To determine aroriate minimum a!e and other
standards &or retirement or termination in secial
occuations such as those o& Oi!ht attendants and
the li1e.
A(T. "??. Maternit! lea$e #enefts. - (a) E,er/
emlo/er shall !rant to an/ re!nant woman
emlo/ee who has rendered an a!!re!ate ser,ice o&
at least si0 (D) months &or the last twel,e ("4)
months, maternit/ lea,e o& at least two (4) wee1s
rior to the e0ected date o& deli,er/ and another
5uman E Labor ' E Pro&. Battad E Pa!e "4D
LAB+( LA2 " (E:'E2E(
&our (C) wee1s a&ter normal deli,er/ or abortion with
&ull a/ based on her re!ular or a,era!e wee1l/
wa!es. The emlo/er ma/ re@uire &rom an/ woman
emlo/ee al/in! &or maternit/ lea,e the
roduction o& a medical certi6cate statin! that
deli,er/ will robabl/ ta1e lace within two wee1s.
(b) The maternit/ lea,e shall be e0tended without
a/ on account o& illness medicall/ certi6ed to arise
out o& the re!nanc/, deli,er/, abortion or
miscarria!e, which renders the woman un6t &or wor1,
unless she has earned unused lea,e credits &rom
which such e0tended lea,e ma/ be char!ed.
(c) The maternit/ lea,e ro,ided in this Article shall
be aid b/ the emlo/er onl/ &or the 6rst &our (C)
deli,eries b/ a woman emlo/ee a&ter the e;ecti,it/
o& this Code.
A(T. "?C. Famil! planning ser$ices? incenti$es for
famil! planning. - (a) Establishments which are
re@uired b/ law to maintain a clinic or in6rmar/ shall
ro,ide &ree &amil/ lannin! ser,ices to their
emlo/ees which shall include, but not be limited to,
the alication or use o& contraceti,e ills and
intrauterine de,ices.
(b) 'n coordination with other a!encies o& the
!o,ernment en!a!ed in the romotion o& &amil/
lannin!, the 5eartment o& Labor and Emlo/ment
shall de,elo and rescribe incenti,e bonus schemes
to encoura!e &amil/ lannin! amon! &emale wor1ers
in an/ establishment or enterrise.
A(T. "?A. &iscrimination prohi#ited. - 't shall be
unlaw&ul &or an/ emlo/er to discriminate a!ainst
an/ woman emlo/ee with resect to terms and
conditions o& emlo/ment solel/ on account o& her
se0.
The &ollowin! are acts o& discrimination8
(a) Pa/ment o& a lesser comensation, includin!
wa!e, salar/ or other &orm o& remuneration and
&rin!e bene6ts, to a &emale emlo/ees as a!ainst a
male emlo/ee, &or wor1 o& e@ual ,alue= and
(b) Ma,orin! a male emlo/ee o,er a &emale
emlo/ee with resect to romotion, trainin!
oortunities, stud/ and scholarshi !rants solel/ on
account o& their se0es.
Criminal liabilit/ &or the will&ul commission o& an/
unlaw&ul act as ro,ided in this Article or an/
,iolation o& the rules and re!ulations issued ursuant
to Section 4 hereo& shall be enalized as ro,ided in
Articles 4$$ and 4$# o& this Code8 Pro,ided, That the
institution o& an/ criminal action under this ro,ision
shall not bar the a!!rie,ed emlo/ee &rom 6lin! an
entirel/ searate and distinct action &or mone/
claims, which ma/ include claims &or dama!es and
other aBrmati,e relie&s. The actions hereb/
authorized shall roceed indeendentl/ o& each
other. (As amended b/ (eublic Act 9o. D%4A, Fa/
"4, "#$#).
A(T. "?D. Stipulation against marriage. - 't shall be
unlaw&ul &or an emlo/er to re@uire as a condition o&
emlo/ment or continuation o& emlo/ment that a
woman emlo/ee shall not !et married, or to
stiulate e0ressl/ or tacitl/ that uon !ettin!
married, a woman emlo/ee shall be deemed
resi!ned or searated, or to actuall/ dismiss,
dischar!e, discriminate or otherwise re3udice a
woman emlo/ee merel/ b/ reason o& her marria!e.
A(T. "?%. Prohi#ited acts. - (a) 't shall be unlaw&ul &or
an/ emlo/er8
(") To den/ an/ woman emlo/ee the bene6ts
ro,ided &or in this Chater or to dischar!e an/
woman emlo/ed b/ him &or the urose o&
re,entin! her &rom en3o/in! an/ o& the bene6ts
ro,ided under this Code.
(4) To dischar!e such woman on account o& her
re!nanc/, or while on lea,e or in con6nement due
to her re!nanc/=
(?) To dischar!e or re&use the admission o& such
woman uon returnin! to her wor1 &or &ear that she
ma/ a!ain be re!nant.
A(T. "?$. Classifcation of certain 'omen 'or(ers . -
An/ woman who is ermitted or su;ered to wor1,
with or without comensation, in an/ ni!ht club,
coc1tail loun!e, massa!e clinic, bar or similar
establishments under the e;ecti,e control or
suer,ision o& the emlo/er &or a substantial eriod
o& time as determined b/ the Secretar/ o& Labor and
Emlo/ment, shall be considered as an emlo/ee o&
such establishment &or uroses o& labor and social
le!islation.
(NLE >''
Emlo/ment o& 2omen and Finors
SECT'+9 ". .eneral statement on co,era!e. S This
(ule shall al/ to all emlo/ers, whether oeratin!
&or ro6t or not, includin! educational, reli!ious and
charitable institutions, e0cet to the .o,ernment and
to !o,ernment-owned or controlled cororations and
to emlo/ers o& household helers and ersons in
their ersonal ser,ice inso&ar as such wor1ers are
concerned.
Con&tit/tion Art. II, Section 13. The State
recogni(es the vital role of the youth in nation-building
and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. !t shall
inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.
AT!C"# $!!! % A'=#+
Section 14. The State shall protect wor)ing women
by providing safe and healthful wor)ing conditions,
ta)ing into account their maternal functions, and such
facilities and opportunities that will enhance their
welfare and enable them to reali(e their full potential
in the service of the nation.
CEDAW
Article <<
-. States 5arties shall ta)e all appropriate measures
to eliminate discrimination against women in the field
of employment in order to ensure, on a basis of
5uman E Labor ' E Pro&. Battad E Pa!e "4%
LAB+( LA2 " (E:'E2E(
equality of men and women, the same rights, in
particular;
,a1 The right to wor) as an inalienable right of all
human beings<
,b1 The right to the same employment opportunities,
including the application of the same criteria for
selection in matters of employment<
,c1 The right to free choice of profession and
employment, the right to promotion, job security and
all benefits and conditions of service and the right to
receive vocational training and retraining, including
apprenticeships, advanced vocational training and
recurrent training<
,d1 The right to equal remuneration, including
benefits, and to equal treatment in respect of wor) of
equal value, as well as equality of treatment in the
evaluation of the quality of wor)<
,e1 The right to social security, particularly in cases of
retirement, unemployment, sic)ness, invalidity and old
age and other incapacity to wor), as well as the right
to paid leave<
,f1 The right to protection of health and to safety in
wor)ing conditions, including the safeguarding of the
function of reproduction.
.. !n order to prevent discrimination against women
on the grounds of marriage or maternity and to ensure
their effective right to wor), States 5arties shall ta)e
appropriate measures;
,a1 To prohibit, subject to the imposition of sanctions,
dismissal on the grounds of pregnancy or of maternity
leave and discrimination in dismissals on the basis of
marital status<
,b1 To introduce maternity leave with pay or with
comparable social benefits without loss of former
employment, seniority or social allowances<
,c1 To encourage the provision of the necessary
supporting social services to enable parents to
combine family obligations with wor) responsibilities
and participation in public life, in particular through
promoting the establishment and development of a
networ) of child-care facilities<
,d1 To provide special protection to women during
pregnancy in types of wor) proved to be harmful to
them.
4. 5rotective legislation relating to matters covered in
this article shall be reviewed periodically in the light of
scientific and technological )nowledge and shall be
revised, repealed or e*tended as necessary.
Article <:
-. States 5arties shall ta)e all appropriate measures
to eliminate discrimination against women in the field
of health care in order to ensure, on a basis of
equality of men and women, access to health care
services, including those related to family planning.
.. +otwithstanding the provisions of paragraph ! of
this article, States 5arties shall ensure to women
appropriate services in connection with pregnancy,
confinement and the post-natal period, granting free
services where necessary, as well as adequate
nutrition during pregnancy and lactation.
Article <=
States 5arties shall ta)e all appropriate measures to
eliminate discrimination against women in other areas
of economic and social life in order to ensure, on a
basis of equality of men and women, the same rights,
in particular;
,a1 The right to family benefits<
,b1 The right to ban) loans, mortgages and other
forms of financial credit<
,c1 The right to participate in recreational activities,
sports and all aspects of cultural life.
C188 EF&a# Re,&nera$on Con6en$on2 1/11
Con,ention concernin! E@ual (emuneration &or Fen
and 2omen 2or1ers &or 2or1 o& E@ual :alue (9ote8
5ate o& comin! into &orce8 4?8<A8"#A?.)
Con,ention8C"<<
Place8.ene,a
Session o& the Con&erence8?C
5ate o& adotion84#8<D8"#A"
Sub3ect classi6cation8 E@ual (emuneration
Sub3ect classi6cation8 2omen
Sub3ect8 EF&a#$5 o- Oppor&n$5 an" Trea,en
The .eneral Con&erence o& the 'nternational Labour
+r!anisation,
*a,in! been con,ened at .ene,a b/ the .o,ernin!
Bod/ o& the 'nternational Labour +Bce, and ha,in!
met in its Thirt/-&ourth Session on D June "#A", and
*a,in! decided uon the adotion o& certain
roosals with re!ard to the rincile o& e@ual
remuneration &or men and women wor1ers &or wor1
o& e@ual ,alue, which is the se,enth item on the
a!enda o& the session, and
*a,in! determined that these roosals shall ta1e
the &orm o& an international Con,ention,
adots this twent/-ninth da/ o& June o& the /ear one
thousand nine hundred and 6&t/-one the &ollowin!
Con,ention, which ma/ be cited as the E@ual
(emuneration Con,ention, "#A"8
Article "
Mor the urose o& this Con,ention--
(a) the term remuneration includes the ordinar/,
basic or minimum wa!e or salar/ and an/ additional
emoluments whatsoe,er a/able directl/ or
indirectl/, whether in cash or in 1ind, b/ the
emlo/er to the wor1er and arisin! out o& the
wor1erYs emlo/ment=
5uman E Labor ' E Pro&. Battad E Pa!e "4$
LAB+( LA2 " (E:'E2E(
(b) the term equal remuneration for men and
women workers for work of equal value re&ers to
rates o& remuneration established without
discrimination based on se0.
Article 4
". Each Fember shall, b/ means aroriate to the
methods in oeration &or determinin! rates o&
remuneration, romote and, in so &ar as is consistent
with such methods, ensure the alication to all
wor1ers o& the rincile o& e@ual remuneration &or
men and women wor1ers &or wor1 o& e@ual ,alue.
4. This rincile ma/ be alied b/ means o&--
(a) national laws or re!ulations=
(b) le!all/ established or reco!nised machiner/ &or
wa!e determination=
(c) collecti,e a!reements between emlo/ers and
wor1ers= or
(d) a combination o& these ,arious means.
Article ?
". 2here such action will assist in !i,in! e;ect to the
ro,isions o& this Con,ention measures shall be
ta1en to romote ob3ecti,e araisal o& 3obs on the
basis o& the wor1 to be er&ormed.
4. The methods to be &ollowed in this araisal ma/
be decided uon b/ the authorities resonsible &or
the determination o& rates o& remuneration, or, where
such rates are determined b/ collecti,e a!reements,
b/ the art]es thereto.
?. 5i;erential rates between wor1ers which
corresond, without re!ard to se0, to di;erences, as
determined b/ such ob3ecti,e araisal, in the wor1
to be er&ormed shall not be considered as bein!
contrar/ to the rincile o& e@ual remuneration &or
men and women wor1ers &or wor1 o& e@ual ,alue.
Article C
Each Fember shall co-oerate as aroriate with
the emlo/ersY and wor1ersY or!anisations concerned
&or the urose o& !i,in! e;ect to the ro,isions o&
this Con,ention.
Article A
The &ormal rati6cations o& this Con,ention shall be
communicated to the 5irector-.eneral o& the
'nternational Labour +Bce &or re!istration.
Article D
". This Con,ention shall be bindin! onl/ uon those
Fembers o& the 'nternational Labour +r!anisation
whose rati6cations ha,e been re!istered with the
5irector-.eneral.
4. 't shall come into &orce twel,e months a&ter the
date on which the rati6cations o& two Fembers ha,e
been re!istered with the 5irector-.eneral.
?. Therea&ter, this Con,ention shall come into &orce
&or an/ Fember twel,e months a&ter the date on
which its rati6cation has been re!istered.
Article %
". 5eclarations communicated to the 5irector-
.eneral o& the 'nternational Labour +Bce in
accordance with ara!rah 4 o& Article ?A o& the
Constitution o& the 'nternational Labour +r!anisation
shall indicate --
a) the territories in resect o& which the Fember
concerned underta1es that the ro,isions o& the
Con,ention shall be alied without modi6cation=
b) the territories in resect o& which it underta1es
that the ro,isions o& the Con,ention shall be alied
sub3ect to modi6cations, to!ether with details o& the
said modi6cations=
c) the territories in resect o& which the Con,ention
is inalicable and in such cases the !rounds on
which it is inalicable=
d) the territories in resect o& which it reser,es its
decision endin! &urther consideration o& the
osition.
4. The underta1in!s re&erred to in subara!rahs (a)
and (b) o& ara!rah " o& this Article shall be deemed
to be an inte!ral art o& the rati6cation and shall
ha,e the &orce o& rati6cation.
?. An/ Fember ma/ at an/ time b/ a subse@uent
declaration cancel in whole or in art an/ reser,ation
made in its ori!inal declaration in ,irtue o&
subara!rah (b), (c) or (d) o& ara!rah " o& this
Article.
C. An/ Fember ma/, at an/ time at which the
Con,ention is sub3ect to denunciation in accordance
with the ro,isions o& Article #, communicate to the
5irector-.eneral a declaration modi&/in! in an/ other
resect the terms o& an/ &ormer declaration and
statin! the resent osition in resect o& such
territories as it ma/ seci&/.
Article $
". 5eclarations communicated to the 5irector-
.eneral o& the 'nternational Labour +Bce in
accordance with ara!rah C or A o& Article ?A o& the
Constitution o& the 'nternational Labour +r!anisation
shall indicate whether the ro,isions o& the
Con,ention will be alied in the territor/ concerned
without modi6cation or sub3ect to modi6cations=
when the declaration indicates that the ro,isions o&
the Con,ention will be alied sub3ect to
modi6cations, it shall !i,e details o& the said
modi6cations.
4. The Fember, Fembers or international authorit/
concerned ma/ at an/ time b/ a subse@uent
declaration renounce in whole or in art the ri!ht to
ha,e recourse to an/ modi6cation indicated in an/
&ormer declaration.
5uman E Labor ' E Pro&. Battad E Pa!e "4#
LAB+( LA2 " (E:'E2E(
?. The Fember, Fembers or international authorit/
concerned ma/, at an/ time at which this Con,ention
is sub3ect to denunciation in accordance with the
ro,isions o& Article #, communicate to the 5irector-
.eneral a declaration modi&/in! in an/ other resect
the terms o& an/ &ormer declaration and statin! the
resent osition in resect o& the alication o& the
Con,ention.
Article #
". A Fember which has rati6ed this Con,ention ma/
denounce it a&ter the e0iration o& ten /ears &rom the
date on which the Con,ention 6rst comes into &orce,
b/ an act communicated to the 5irector-.eneral o&
the 'nternational Labour +Bce &or re!istration. Such
denunciation shall not ta1e e;ect until one /ear a&ter
the date on which it is re!istered.
4. Each Fember which has rati6ed this Con,ention
and which does not, within the /ear &ollowin! the
e0iration o& the eriod o& ten /ears mentioned in the
recedin! ara!rah, e0ercise the ri!ht o&
denunciation ro,ided &or in this Article, will be
bound &or another eriod o& ten /ears and,
therea&ter, ma/ denounce this Con,ention at the
e0iration o& each eriod o& ten /ears under the
terms ro,ided &or in this Article.
Article "<
". The 5irector-.eneral o& the 'nternational Labour
+Bce shall noti&/ all Fembers o& the 'nternational
Labour +r!anisation o& the re!istration o& all
rati6cations, declarations and denunciations
communicated to him b/ the Fembers o& the
+r!anisation.
4. 2hen noti&/in! the Fembers o& the +r!anisation o&
the re!istration o& the second rati6cation
communicated to him, the 5irector-.eneral shall
draw the attention o& the Fembers o& the
+r!anisation to the date uon which the Con,ention
will come into &orce.
Article ""
The 5irector-.eneral o& the 'nternational Labour
+Bce shall communicate to the Secretar/-.eneral o&
the Nnited 9ations &or re!istration in accordance with
Article "<4 o& the Charter o& the Nnited 9ations &ull
articulars o& all rati6cations, declarations and acts
o& denunciation re!istered b/ him in accordance with
the ro,isions o& the recedin! articles.
Article "4
At such times as ma/ consider necessar/ the
.o,ernin! Bod/ o& the 'nternational Labour +Bce
shall resent to the .eneral Con&erence a reort on
the wor1in! o& this Con,ention and shall e0amine the
desirabilit/ o& lacin! on the a!enda o& the
Con&erence the @uestion o& its re,ision in whole or in
art.
Article "?
". Should the Con&erence adot a new Con,ention
re,isin! this Con,ention in whole or in art, then,
unless the new Con,ention otherwise ro,ides--
a) the rati6cation b/ a Fember o& the new re,isin!
Con,ention shall iso 3ure in,ol,e the immediate
denunciation o& this Con,ention, notwithstandin! the
ro,isions o& Article # abo,e, i& and when the new
re,isin! Con,ention shall ha,e come into &orce=
b) as &rom the date when the new re,isin!
Con,ention comes into &orce this Con,ention shall
cease to be oen to rati6cation b/ the Fembers.
4. This Con,ention shall in an/ case remain in &orce
in its actual &orm and content &or those Fembers
which ha,e rati6ed it but ha,e not rati6ed the
re,isin! Con,ention.
Article "C
The En!lish and Mrench ,ersions o& the te0t o& this
Con,ention are e@uall/ authoritati,e.
C111 D$scr$,$na$on @E,p#o5,en an"
Occ&pa$onA Con6en$on2 1/19
Con,ention concernin! 5iscrimination in (esect o&
Emlo/ment and +ccuation (9ote8 5ate o& comin!
into &orce8 "A8<D8"#D<.)
Con,ention8C"""
Place8.ene,a
Session o& the Con&erence8C4
5ate o& adotion84A8<D8"#A$
Sub3ect classi6cation8 9on-discrimination
(Emlo/ment and +ccuation)
Sub3ect classi6cation8 2omen
Sub3ect8 EF&a#$5 o- Oppor&n$5 an" Trea,en

The .eneral Con&erence o& the 'nternational Labour
+r!anisation,
*a,in! been con,ened at .ene,a b/ the .o,ernin!
Bod/ o& the 'nternational Labour +Bce, and ha,in!
met in its Mort/-second Session on C June "#A$, and
*a,in! decided uon the adotion o& certain
roosals with re!ard to discrimination in the 6eld o&
emlo/ment and occuation, which is the &ourth item
on the a!enda o& the session, and
*a,in! determined that these roosals shall ta1e
the &orm o& an international Con,ention, and
Considerin! that the 5eclaration o& Philadelhia
aBrms that all human bein!s, irresecti,e o& race,
creed or se0, ha,e the ri!ht to ursue both their
material well-bein! and their siritual de,eloment in
conditions o& &reedom and di!nit/, o& economic
securit/ and e@ual oortunit/, and
Considerin! &urther that discrimination constitutes a
,iolation o& ri!hts enunciated b/ the Nni,ersal
5eclaration o& *uman (i!hts,
adots this twent/-6&th da/ o& June o& the /ear one
thousand nine hundred and 6&t/-ei!ht the &ollowin!
Con,ention, which ma/ be cited as the
5iscrimination (Emlo/ment and +ccuation)
Con,ention, "#A$8
5uman E Labor ' E Pro&. Battad E Pa!e "?<
LAB+( LA2 " (E:'E2E(
Article "
". Mor the urose o& this Con,ention the term
discrimination includes--
(a) an/ distinction, e0clusion or re&erence made on
the basis o& race, colour, se0, reli!ion, olitical
oinion, national e0traction or social ori!in, which
has the e;ect o& nulli&/in! or imairin! e@ualit/ o&
oortunit/ or treatment in emlo/ment or
occuation=
(b) such other distinction, e0clusion or re&erence
which has the e;ect o& nulli&/in! or imairin!
e@ualit/ o& oortunit/ or treatment in emlo/ment
or occuation as ma/ be determined b/ the Fember
concerned a&ter consultation with reresentati,e
emlo/ersY and wor1ersY or!anisations, where such
e0ist, and with other aroriate bodies.
4. An/ distinction, e0clusion or re&erence in resect
o& a articular 3ob based on the inherent
re@uirements thereo& shall not be deemed to be
discrimination.
?. Mor the urose o& this Con,ention the terms
employment and occupation include access to
,ocational trainin!, access to emlo/ment and to
articular occuations, and terms and conditions o&
emlo/ment.
Article 4
Each Fember &or which this Con,ention is in &orce
underta1es to declare and ursue a national olic/
desi!ned to romote, b/ methods aroriate to
national conditions and ractice, e@ualit/ o&
oortunit/ and treatment in resect o& emlo/ment
and occuation, with a ,iew to eliminatin! an/
discrimination in resect thereo&.
Article ?
Each Fember &or which this Con,ention is in &orce
underta1es, b/ methods aroriate to national
conditions and ractice--
(a) to see1 the co-oeration o& emlo/ersY and
wor1ersY or!anisations and other aroriate bodies
in romotin! the accetance and obser,ance o& this
olic/=
(b) to enact such le!islation and to romote such
educational ro!rammes as ma/ be calculated to
secure the accetance and obser,ance o& the olic/=
(c) to reeal an/ statutor/ ro,isions and modi&/ an/
administrati,e instructions or ractices which are
inconsistent with the olic/=
(d) to ursue the olic/ in resect o& emlo/ment
under the direct control o& a national authorit/=
(e) to ensure obser,ance o& the olic/ in the
acti,ities o& ,ocational !uidance, ,ocational trainin!
and lacement ser,ices under the direction o& a
national authorit/=
(&) to indicate in its annual reorts on the alication
o& the Con,ention the action ta1en in ursuance o&
the olic/ and the results secured b/ such action.
Article C
An/ measures a;ectin! an indi,idual who is
3usti6abl/ susected o&, or en!a!ed in, acti,ities
re3udicial to the securit/ o& the State shall not be
deemed to be discrimination, ro,ided that the
indi,idual concerned shall ha,e the ri!ht to aeal to
a cometent bod/ established in accordance with
national ractice.
Article A
". Secial measures o& rotection or assistance
ro,ided &or in other Con,entions or
(ecommendations adoted b/ the 'nternational
Labour Con&erence shall not be deemed to be
discrimination.
4. An/ Fember ma/, a&ter consultation with
reresentati,e emlo/ersY and wor1ersY
or!anisations, where such e0ist, determine that other
secial measures desi!ned to meet the articular
re@uirements o& ersons who, &or reasons such as
se0, a!e, disablement, &amil/ resonsibilities or
social or cultural status, are !enerall/ reco!nised to
re@uire secial rotection or assistance, shall not be
deemed to be discrimination.
Article D
Each Fember which rati6es this Con,ention
underta1es to al/ it to non-metroolitan territories
in accordance with the ro,isions o& the Constitution
o& the 'nternational Labour +r!anisation.
Article %
The &ormal rati6cations o& this Con,ention shall be
communicated to the 5irector-.eneral o& the
'nternational Labour +Bce &or re!istration.
Article $
". This Con,ention shall be bindin! onl/ uon those
Fembers o& the 'nternational Labour +r!anisation
whose rati6cations ha,e been re!istered with the
5irector-.eneral.
4. 't shall come into &orce twel,e months a&ter the
date on which the rati6cations o& two Fembers ha,e
been re!istered with the 5irector-.eneral.
?. Therea&ter, this Con,ention shall come into &orce
&or an/ Fember twel,e months a&ter the date on
which its rati6cation has been re!istered.
Article #
". A Fember which has rati6ed this Con,ention ma/
denounce it a&ter the e0iration o& ten /ears &rom the
date on which the Con,ention 6rst comes into &orce,
b/ an act communicated to the 5irector-.eneral o&
the 'nternational Labour +Bce &or re!istration. Such
denunciation shall not ta1e e;ect until one /ear a&ter
the date on which it is re!istered.
5uman E Labor ' E Pro&. Battad E Pa!e "?"
LAB+( LA2 " (E:'E2E(
4. Each Fember which has rati6ed this Con,ention
and which does not, within the /ear &ollowin! the
e0iration o& the eriod o& ten /ears mentioned in the
recedin! ara!rah, e0ercise the ri!ht o&
denunciation ro,ided &or in this Article, will be
bound &or another eriod o& ten /ears and,
therea&ter, ma/ denounce this Con,ention at the
e0iration o& each eriod o& ten /ears under the
terms ro,ided &or in this Article.
Article "<
". The 5irector-.eneral o& the 'nternational Labour
+Bce shall noti&/ all Fembers o& the 'nternational
Labour +r!anisation o& the re!istration o& all
rati6cations and denunciations communicated to him
b/ the Fembers o& the +r!anisation.
4. 2hen noti&/in! the Fembers o& the +r!anisation o&
the re!istration o& the second rati6cation
communicated to him, the 5irector-.eneral shall
draw the attention o& the Fembers o& the
+r!anisation to the date uon which the Con,ention
will come into &orce.
Article ""
The 5irector-.eneral o& the 'nternational Labour
+Bce shall communicate to the Secretar/-.eneral o&
the Nnited 9ations &or re!istration in accordance with
Article "<4 o& the Charter o& the Nnited 9ations &ull
articulars o& all rati6cations and acts o&
denunciation re!istered b/ him in accordance with
the ro,isions o& the recedin! Articles.
Article "4
At such times as it ma/ consider necessar/ the
.o,ernin! Bod/ o& the 'nternational Labour +Bce
shall resent to the .eneral Con&erence a reort on
the wor1in! o& this Con,ention and shall e0amine the
desirabilit/ o& lacin! on the a!enda o& the
Con&erence the @uestion o& its re,ision in whole or in
art.
Article "?
". Should the Con&erence adot a new Con,ention
re,isin! this Con,ention in whole or in art, then,
unless the new Con,ention otherwise ro,ides8
a) the rati6cation b/ a Fember o& the new re,isin!
Con,ention shall iso 3ure in,ol,e the immediate
denunciation o& this Con,ention, notwithstandin! the
ro,isions o& Article # abo,e, i& and when the new
re,isin! Con,ention shall ha,e come into &orce=
b) as &rom the date when the new re,isin!
Con,ention comes into &orce, this Con,ention shall
cease to be oen to rati6cation b/ the Fembers.
4. This Con,ention shall in an/ case remain in &orce
in its actual &orm and content &or those Fembers
which ha,e rati6ed it but ha,e not rati6ed the
re,isin! Con,ention.
Article "C
The En!lish and Mrench ,ersions o& the te0t o& this
Con,ention are e@uall/ authoritati,e.
a. E@ualit/8 Mormal E@ualit/ ,s.
Substanti,e E@ualit/
(eadin!s8
Bartlett, Uatharine, @ender
;a' , in 5u1e Journal o& .ender Law and Polic/ ("##C)
Formal E0ualit! and
Su#stanti$e E0ualit! in the Te0tboo1 on .ender and
the Law b/ An!ela *arris
Baldoz, (osalinda, =o#
discrimination against 'omen in the 'or(
en$ironment2 the Philippine setting, P;., <ol. 4A, )o.
5 B4666C.
b. 2omen under the Constitution, Art. '',
Sec. "C= Art >''', Sec "C
Philiine Association o&
Ser,ice E0orters ,. 5rilon, "D? SC(A ?$D ("#$$)
Phil. Tele!rah and Telehone
Co. ,. 9L(C, 4%4 SC(A A#D ("##%)
5uman E Labor ' E Pro&. Battad E Pa!e "?4
LAB+( LA2 " (E:'E2E(
c. Co,era!e, (ule >'', Sec. '
Emlo/ment o& 2omen and Finors
SECT'+9 ". .eneral statement on co,era!e. S This
(ule shall al/ to all emlo/ers, whether oeratin!
&or ro6t or not, includin! educational, reli!ious and
charitable institutions, e0cet to the .o,ernment and
to !o,ernment-owned or controlled cororations and
to emlo/ers o& household helers and ersons in
their ersonal ser,ice inso&ar as such wor1ers are
concerned.
d. Prohibited Acts
") 9i!ht 2or1EE0cetion, Art. "?<-"?"
A(T. "?<. )ight'or( prohi#ition. - 9o woman,
re!ardless o& a!e, shall be emlo/ed or ermitted or
su;ered to wor1, with or without comensation8
(a) 'n an/ industrial underta1in! or branch thereo&
between ten oIcloc1 at ni!ht and si0 oIcloc1 in the
mornin! o& the &ollowin! da/= or
(b) 'n an/ commercial or non-industrial underta1in!
or branch thereo&, other than a!ricultural, between
midni!ht and si0 oIcloc1 in the mornin! o& the
&ollowin! da/= or
(c) 'n an/ a!ricultural underta1in! at ni!httime
unless she is !i,en a eriod o& rest o& not less than
nine (#) consecuti,e hours.
A(T. "?". Exceptions. - The rohibitions rescribed b/
the recedin! Article shall not al/ in an/ o& the
&ollowin! cases8
(a) 'n cases o& actual or imendin! emer!encies
caused b/ serious accident, 6re, Oood, t/hoon,
earth@ua1e, eidemic or other disasters or calamit/,
to re,ent loss o& li&e or roert/, or in cases o& force
ma:eure or imminent dan!er to ublic sa&et/=
(b) 'n case o& ur!ent wor1 to be er&ormed on
machineries, e@uiment or installation, to a,oid
serious loss which the emlo/er would otherwise
su;er=
(c) 2here the wor1 is necessar/ to re,ent serious
loss o& erishable !oods=
(d) 2here the woman emlo/ee holds a resonsible
osition o& mana!erial or technical nature, or where
the woman emlo/ee has been en!a!ed to ro,ide
health and wel&are ser,ices=
(e) 2here the nature o& the wor1 re@uires the manual
s1ill and de0terit/ o& women wor1ers and the same
cannot be er&ormed with e@ual eBcienc/ b/ male
wor1ers=
(&) 2here the women emlo/ees are immediate
members o& the &amil/ oeratin! the establishment
or underta1in!= and
(!) Nnder other analo!ous cases e0emted b/ the
Secretar/ o& Labor and Emlo/ment in aroriate
re!ulations.
#) 5iscrimination, Art. "?A
A(T. "?A. &iscrimination prohi#ited. - 't shall be
unlaw&ul &or an/ emlo/er to discriminate a!ainst
an/ woman emlo/ee with resect to terms and
conditions o& emlo/ment solel/ on account o& her
se0.
The &ollowin! are acts o& discrimination8
(a) Pa/ment o& a lesser comensation, includin!
wa!e, salar/ or other &orm o& remuneration and
&rin!e bene6ts, to a &emale emlo/ees as a!ainst a
male emlo/ee, &or wor1 o& e@ual ,alue= and
(b) Ma,orin! a male emlo/ee o,er a &emale
emlo/ee with resect to romotion, trainin!
oortunities, stud/ and scholarshi !rants solel/ on
account o& their se0es.
Criminal liabilit/ &or the will&ul commission o& an/
unlaw&ul act as ro,ided in this Article or an/
,iolation o& the rules and re!ulations issued ursuant
to Section 4 hereo& shall be enalized as ro,ided in
Articles 4$$ and 4$# o& this Code8 Pro,ided, That the
institution o& an/ criminal action under this ro,ision
shall not bar the a!!rie,ed emlo/ee &rom 6lin! an
entirel/ searate and distinct action &or mone/
claims, which ma/ include claims &or dama!es and
other aBrmati,e relie&s. The actions hereb/
authorized shall roceed indeendentl/ o& each
other. (As amended b/ (eublic Act 9o. D%4A, Fa/
"4, "#$#).
"<) Stiulation A!ainst Farria!e, Art. "?D
A(T. "?D. Stipulation against marriage. - 't shall be
unlaw&ul &or an emlo/er to re@uire as a condition o&
emlo/ment or continuation o& emlo/ment that a
woman emlo/ee shall not !et married, or to
stiulate e0ressl/ or tacitl/ that uon !ettin!
married, a woman emlo/ee shall be deemed
resi!ned or searated, or to actuall/ dismiss,
dischar!e, discriminate or otherwise re3udice a
woman emlo/ee merel/ b/ reason o& her marria!e.
5uncan Association o&
5etailman Q PT.2+ ,. .la0o 2ellcome Philiines,
'nc., C?$ SC(A ?C? (4<<C)
5uman E Labor ' E Pro&. Battad E Pa!e "??
LAB+( LA2 " (E:'E2E(
"") 5ischar!e on Account o& Pre!nanc/, Art. "?%
A(T. "?%. Prohi#ited acts. - (a) 't shall be unlaw&ul &or
an/ emlo/er8
(") To den/ an/ woman emlo/ee the bene6ts
ro,ided &or in this Chater or to dischar!e an/
woman emlo/ed b/ him &or the urose o&
re,entin! her &rom en3o/in! an/ o& the bene6ts
ro,ided under this Code.
(4) To dischar!e such woman on account o& her
re!nanc/, or while on lea,e or in con6nement due
to her re!nanc/=
(?) To dischar!e or re&use the admission o& such
woman uon returnin! to her wor1 &or &ear that she
ma/ a!ain be re!nant.
d. Macilities, Art. "?4, "?C
A(T. "?4. Facilities for 'omen. - The Secretar/ o&
Labor and Emlo/ment shall establish standards that
will ensure the sa&et/ and health o& women
emlo/ees. 'n aroriate cases, he shall, b/
re!ulations, re@uire an/ emlo/er to8
(a) Pro,ide seats roer &or women and ermit them
to use such seats when the/ are &ree &rom wor1 and
durin! wor1in! hours, ro,ided the/ can er&orm
their duties in this osition without detriment to
eBcienc/=
(b) To establish searate toilet rooms and la,atories
&or men and women and ro,ide at least a dressin!
room &or women=
(c) To establish a nurser/ in a wor1lace &or the
bene6t o& the women emlo/ees therein= and
(d) To determine aroriate minimum a!e and other
standards &or retirement or termination in secial
occuations such as those o& Oi!ht attendants and
the li1e.
A(T. "?C. Famil! planning ser$ices? incenti$es for
famil! planning. - (a) Establishments which are
re@uired b/ law to maintain a clinic or in6rmar/ shall
ro,ide &ree &amil/ lannin! ser,ices to their
emlo/ees which shall include, but not be limited to,
the alication or use o& contraceti,e ills and
intrauterine de,ices.
(b) 'n coordination with other a!encies o& the
!o,ernment en!a!ed in the romotion o& &amil/
lannin!, the 5eartment o& Labor and Emlo/ment
shall de,elo and rescribe incenti,e bonus schemes
to encoura!e &amil/ lannin! amon! &emale wor1ers
in an/ establishment or enterrise.
e. Secial 2omen 2or1ers, "?$
A(T. "?$. Classifcation of certain 'omen 'or(ers . -
An/ woman who is ermitted or su;ered to wor1,
with or without comensation, in an/ ni!ht club,
coc1tail loun!e, massa!e clinic, bar or similar
establishments under the e;ecti,e control or
suer,ision o& the emlo/er &or a substantial eriod
o& time as determined b/ the Secretar/ o& Labor and
Emlo/ment, shall be considered as an emlo/ee o&
such establishment &or uroses o& labor and social
le!islation.
&. Faternit/ Lea,e, Social Securit/ Law o&
"##% ((A ""D", as amended b/ (A $4$4), Sec. "C-A,
(A $4$
[SEC. "C-A. Maternit! ;ea$e Beneft. " A &emale
member who has aid at least three (?) monthl/
contributions in the twel,e-month eriod
immediatel/ recedin! the semester o& her childbirth
or miscarria!e shall be aid a dail/ maternit/ bene6t
e@ui,alent to one hundred ercent ("<<T) o& her
a,era!e dail/ salar/ credit &or si0t/ (D<) da/s or
se,ent/-ei!ht (%$) da/s in case o& caesarian deli,er/,
sub3ect to the &ollowin! conditions8
[(a) That the emlo/ee shall ha,e noti6ed her
emlo/er o& her re!nanc/ and the robable date o&
her childbirth, which notice shall be transmitted to
the SSS in accordance with the rules and re!ulations
it ma/ ro,ide=
[(b) The &ull a/ment shall be ad,anced b/ the
emlo/er within thirt/ (?<) da/s &rom the 6lin! o& the
maternit/ lea,e alication=
[(c) That a/ment o& dail/ maternit/ bene6ts shall be
a bar to the reco,er/ o& sic1ness bene6ts ro,ided b/
this Act &or the same eriod &or which dail/ maternit/
bene6ts ha,e been recei,ed=
[(d) That the maternit/ bene6ts ro,ided under this
section shall be aid onl/ &or the 6rst &our (C)
deli,eries or miscarria!es=
[(e) That the SSS shall immediatel/ reimburse the
emlo/er o& one hundred ercent ("<<T) o& the
amount o& maternit/ bene6ts ad,anced to the
emlo/ee b/ the emlo/er uon receit o&
satis&actor/ roo& o& such a/ment and le!alit/
thereo&= and
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[(&) That i& an emlo/ee member should !i,e birth or
su;er miscarria!e without the re@uired contributions
ha,in! been remitted &or her b/ her emlo/er to the
SSS, or without the latter ha,in! been re,iousl/
noti6ed b/ the emlo/er o& the time o& the
re!nanc/, the emlo/er shall a/ to the SSS
dama!es e@ui,alent to the bene6ts which said
emlo/ee member would otherwise ha,e been
entitled to.
!. Se0ual *arassment ((A %$%%)
RE#",(IC ACT N!. 7877
AN ACT EC(ARIN) SEX"A( +ARASS$ENT
"N(AA*"( IN T+E E$#(!D$ENT, E"ACATI!N
!R TRAININ) EN@IR!N$ENT, AN *!R !T+ER
#"R#!SES
Be it enacted by the !enate and /ouse of
Representatives of the hilippines in Congress
assembled9
Section -. Title. % This Act shall be )nown as the
MAnti-Se*ual 9arassment Act of -88/.M
Sec. .. Declaration of Policy. % The State shall
value the dignity of every individual, enhance the
development of it human resources, guarantee full
respect for human rights, and uphold the dignity of
wor)ers, employees, applicants for employment,
students or those undergoing training, instruction or
education. Towards this end, all forms of se*ual
harassment in the employment, education or training
environment are hereby declared unlawful.
Sec. 4. Aor), #ducation or Training-related
Se*ual 9arassment 2efined. % Aor), education or
training-related se*ual harassment is committed by an
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority,
influence or moral ascendancy over another in a wor)
or training or education environment, demands,
requests or otherwise requires any se*ual favor from
the other, regardless of whether the demand, request
or requirement for submission is accepted by the
object of said Act.
,a1 !n a wor)-related or employment
environment, se*ual harassment is committed when;
,-1 The se*ual favor is made as a condition
in the hiring or in the employment, re-employment or
continued employment of said individual, or in
granting said individual favorable compensation,
terms, conditions, promotions, or privileges< or the
refusal to grant the se*ual favor results in limiting,
segregating or classifying the employee which in a
way would discriminate, deprive or diminish
employment opportunities or otherwise adversely
affect said employee<
,.1 The above acts would impair the
employee?s rights or privileges under e*isting labor
laws< or
,41 The above acts would result in an
intimidating, hostile, or offensive environment for the
employee.
,b1 !n an education or training environment,
se*ual harassment is committed;
,-1 Against one who is under the care,
custody or supervision of the offender<
,.1 Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender<
,41 Ahen the se*ual favor is made a
condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment
of a stipend, allowance or other benefits, privileges, or
considerations< or
,01 Ahen the se*ual advances result in an
intimidating, hostile or offensive environment for the
student, trainee or apprentice.
Any person who directs or induces
another to commit any act of se*ual harassment as
herein defined, or who cooperates in the commission
thereof by another without which it would not have
been committed, shall also be held liable under this
Act.
Sec.0. Duty of the )mployer or 5ead of &ffice in
a %or-*related$ )ducation or Training )nvironment. %
!t shall be the duty of the employer or the head of the
wor)-related, educational or training environment or
institution, to prevent or deter the commission of acts
of se*ual harassment and to provide the procedures
for the resolution, settlement or prosecution of acts of
se*ual harassment. Towards this end, the employer or
head of office shall;
,a1 5romulgate appropriate rules and
regulations in consultation with the jointly approved by
the employees or students or trainees, through their
duly designated representatives, prescribing the
procedure for the investigation or se*ual harassment
cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts of
se*ual harassment.
The said rules and regulations issued pursuant
to this section ,a1 shall include, among others,
guidelines on proper decorum in the wor)place and
educational or training institutions.
,c1 Create a committee on decorum and
investigation of cases on se*ual harassment. The
committee shall conduct meetings, as the case may
be, with other officers and employees, teachers,
instructors, professors, coaches, trainors and
students or trainees to increase understanding and
prevent incidents of se*ual harassment. !t shall also
conduct the investigation of the alleged cases
constituting se*ual harassment.
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!n the case of a wor)-related environment, the
committee shall be composed of at least one ,-1
representative each from the management, the union,
if any, the employees from the supervisory ran), and
from the ran) and file employees.
!n the case of the educational or training
institution, the committee shall be composed of at
least one ,-1 representative from the administration,
the trainors, teachers, instructors, professors or
coaches and students or trainees, as the case maybe.
MThe employer or head of office, educational or
training institution shall disseminate or post a copy of
this Act for the information of all concerned.
Sec. /. Liability of the )mployer$ 5ead of &ffice$
)ducational or Training (nstitution. % The employer or
head of office, educational training institution shall be
solidarily liable for damage arising from the acts of
se*ual harassment committed in the employment,
education or training environment if the employer or
head of office, educational or training institution is
informed of such acts by the offended party and no
immediate action is ta)en thereon.
Sec. 3. (ndependent Action for Damages. %
+othing in this Act shall preclude the victim of wor),
education or training-related se*ual harassment from
instituting a separate and independent action for
damages and other affirmative relief.
Sec. 6. Penalties. % Any person who violates the
provisions of this Act shall, upon conviction, be
penali(ed by imprisonment of not less than one ,-1
month nor more than si* ,31 months, or a fine of not
less than Ten thousand pesos ,5-7,7771 nor more
than Twenty thousand pesos ,5.7,7771, or both such
fine and imprisonment at the discretion of the court.
Any action arising from the violation of the
provision of this Act shall prescribe in three ,41 years.
Sec. >. +eparability Clause % !f any portion or
provision of this Act is declared void and
unconstitutional, the remaining portions or provisions
hereof shall not be affected by such declaration.
Sec.8. Repealing Clause. % All laws, decrees,
orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Sec.-7. )ffectivity Clause. % This Act shall ta)e
effect fifteen ,-/1 days after its complete publication in
at least two ,.1 national newspaper of general
circulation.
Libres ,. 9L(C, ?<% SC(A D%A
("###)
Philiine Aelous Automoti,e
Nnited Cor. ,. 9L(C, ??"SC(A 4?% (4<<<)
(enato S. .atbonton ,. 9L(C,
et al., C%# SC(A C"D (4<<D)
5uman E Labor ' E Pro&. Battad E Pa!e "?D
LAB+( LA2 " (E:'E2E(
4. Finors
(e&erence8 Art.s "?#-"C<= +mnibus (ules,
Boo1 ''', (ule >'', Secs. 4-?= Secial Protection o&
Children Act o& 4<<? ((A %D"<, as amended b/ (A
#4?")= 'L+ Con,ention 9o."$4 and 'L+
(ecommendation 9o. "#<
EFPL+XFE9T +M F'9+(S
A(T. "?#. Minimum emplo!a#le age. - (a) 9o child
below 6&teen ("A) /ears o& a!e shall be emlo/ed,
e0cet when he wor1s directl/ under the sole
resonsibilit/ o& his arents or !uardian, and his
emlo/ment does not in an/ wa/ inter&ere with his
schoolin!.
(b) An/ erson between 6&teen ("A) and ei!hteen
("$) /ears o& a!e ma/ be emlo/ed &or such number
o& hours and such eriods o& the da/ as determined
b/ the Secretar/ o& Labor and Emlo/ment in
aroriate re!ulations.
(c) The &ore!oin! ro,isions shall in no case allow the
emlo/ment o& a erson below ei!hteen ("$) /ears
o& a!e in an underta1in! which is hazardous or
deleterious in nature as determined b/ the Secretar/
o& Labor and Emlo/ment.
A(T. "C<. Prohi#ition against child discrimination. -
9o emlo/er shall discriminate a!ainst an/ erson in
resect to terms and conditions o& emlo/ment on
account o& his a!e.
SECT'+9 4. Emlo/able a!e. S Children below 6&teen
("A) /ears o& a!e ma/ be allowed to wor1 under the
direct resonsibilit/ o& their arents or !uardians in
an/ non-hazardous underta1in! where the wor1 will
not in an/ wa/ inter&ere with their schoolin!. 'n such
cases, the children shall not be considered as
emlo/ees o& the emlo/ers or their arents or
!uardians.
SECT'+9 ?. Eli!ibilit/ &or emlo/ment. S An/ erson
o& either se0, between "A and "$ /ears o& a!e, ma/
be emlo/ed in an/ non-hazardous wor1. 9o
emlo/er shall discriminate a!ainst such erson in
re!ard to terms and conditions o& emlo/ment on
account o& his a!e.
Mor uroses o& this (ule, a non-hazardous wor1 or
underta1in! shall mean an/ wor1 or acti,it/ in which
the emlo/ee is not e0osed to an/ ris1 which
constitutes an imminent dan!er to his sa&et/ and
health. The Secretar/ o& Labor and Emlo/ment shall
&rom time to time ublish a list o& hazardous wor1
and acti,ities in which ersons "$ /ears o& a!e and
below cannot be emlo/ed.
Re1/57ic o' t0e #0i7i11ine&
Con9re&& o' t0e #0i7i11ine&
=etro =anila
T2e7't0 Con9re&&
T0ir3 Re9/74r Se&&ion
&egun and held in =etro =anila, on =onday, the
twenty-eighth day of @uly, two thousand three.
Re1/57ic Act No. 9231 ece65er 19, 2003
AN ACT #R!@IIN) *!R T+E E(I$INATI!N !*
T+E A!RST *!R$S !* C+I( (A,!R AN
A**!RIN) STR!N)ER #R!TECTI!N *!R T+E
A!REIN) C+I(, A$ENIN) *!R T+IS
#"R#!SE RE#",(IC ACTN!. 7610, AS
A$ENE, !T+ERAISE EN!AN AS T+E
FS#ECIA( #R!TECTI!N !* C+I(REN A)AINST
C+I( A,"SE, EX#(!ITATI!N AN
ISCRI$INATI!N ACTF
.e it enacted by the +enate and the 5ouse of
Representatives of the Philippines in Congress
assembled;
Section 1. Section . of epublic Act +o. 63-7, as
amended, otherwise )nown as the MSpecial 5rotection
of Children Against Child Abuse, #*ploitation and
2iscrimination ActM, is hereby amended to read as
follows;
MSec. .. Declaration of +tate Policy and Principles. - !t
is hereby declared to be the policy of the State to
provide special protection to children from all forms of
abuse, neglect, cruelty, e*ploitation and
discrimination, and other conditions prejudicial to their
development including child labor and its worst forms<
provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis
intervention in situations of child abuse, e*ploitation
and discrimination. The State shall intervene on
behalf of the child when the parent, guardian, teacher
or person having care or custody of the child fails or is
unable to protect the child against abuse, e*ploitation
and discrimination or when such acts against the child
are committed by the said parent, guardian, teacher
or person having care and custody of the same.
M!t shall be the policy of the State to protect and
rehabilitate children gravely threatened or
endangered by circumstances which affect or will
affect their survival and normal development and over
which they have no control.
MThe best interests of children shall be the paramount
consideration in all actions concerning them, whether
underta)en by public or private social welfare
institutions, courts of law, administrative authorities,
and legislative bodies, consistent with the principle of
Cirst Call for Children as enunciated in the Bnited
5uman E Labor ' E Pro&. Battad E Pa!e "?%
LAB+( LA2 " (E:'E2E(
+ations Convention on the ights of the Child. #very
effort shall be e*erted to promote the welfare of
children and enhance their opportunities for a useful
and happy life.M
Section 2. Section -. of the same Act, as amended,
is hereby further amended to read as follows;
MSec. .. )mployment of Children - Children below
fifteen ,-/1 years of age shall not be employed
e*cept;
M-1 Ahen a child wor)s directly under the sole
responsibility of hisHher parents or legal guardian and
where only members of hisHher family are employed;
Provided$ ho#ever$ That hisHher employment neither
endangers hisHher life, safety, health, and morals, nor
impairs hisHher normal development; Provided$
further, That the parent or legal guardian shall provide
the said child with the prescribed primary andHor
secondary education< or
M.1 Ahere a childJs employment or participation in
public entertainment or information through cinema,
theater, radio, television or other forms of media is
essential; Provided, That the employment contract is
concluded by the childJs parents or legal guardian,
with the e*press agreement of the child concerned, if
possible, and the approval of the 2epartment of "abor
and #mployment; Provided$ further, That the following
requirements in all instances are strictly complied
with;
M,a1 The employer shall ensure the protection, health,
safety, morals and normal development of the child<
M,b1 The employer shall institute measures to prevent
the childJs e*ploitation or discrimination ta)ing into
account the system and level of remuneration, and
the duration and arrangement of wor)ing time< and
M,c1 The employer shall formulate and implement,
subject to the approval and supervision of competent
authorities, a continuing program for training and s)ills
acquisition of the child.
M!n the above-e*ceptional cases where any such child
may be employed, the employer shall first secure,
before engaging such child, a wor) permit from the
2epartment of "abor and #mployment which shall
ensure observance of the above requirements.
MCor purposes of this Article, the term MchildM shall
apply to all persons under eighteen ,->1 years of
age.M
Section 3. The same Act, as amended, is hereby
further amended by adding new sections to be
denominated as Sections -.-A, -.-&, -.-C, and -.-2
to read as follows;
MSec. .-A. 5ours of %or- of a %or-ing Child. - Bnder
the e*ceptions provided in Section -. of this Act, as
amended;
M,-1 A child below fifteen ,-/1 years of age may be
allowed to wor) for not more than twenty ,.71 hours a
wee); Provided, That the wor) shall not be more than
four ,01 hours at any given day<
M,.1 A child fifteen ,-/1 years of age but below
eighteen ,->1 shall not be allowed to wor) for more
than eight ,>1 hours a day, and in no case beyond
forty ,071 hours a wee)<
M,41 +o child below fifteen ,-/1 years of age shall be
allowed to wor) between eight oJcloc) in the evening
and si* oJcloc) in the morning of the following day and
no child fifteen ,-/1 years of age but below eighteen
,->1 shall be allowed to wor) between ten oJcloc) in
the evening and si* oJcloc) in the morning of the
following day.M
MSec. -.-&. &#nership$ 3sage and Administration of
the %or-ing Child=s (ncome. - The wages, salaries,
earnings and other income of the wor)ing child shall
belong to himHher in ownership and shall be set aside
primarily for hisHher support, education or s)ills
acquisition and secondarily to the collective needs of
the family; Provided$ That not more than twenty
percent ,.7K1 of the childJs income may be used for
the collective needs of the family.
MThe income of the wor)ing child andHor the property
acquired through the wor) of the child shall be
administered by both parents. !n the absence or
incapacity of either of the parents, the other parent
shall administer the same. !n case both parents are
absent or incapacitated, the order of preference on
parental authority as provided for under the Camily
Code shall apply.
MSec. -.-C. Trust 1und to Preserve Part of the
%or-ing Child=s (ncome. * The parent or legal
guardian of a wor)ing child below eighteen ,->1 years
of age shall set up a trust fund for at least thirty
percent ,47K1 of the earnings of the child whose
wages and salaries from wor) and other income
amount to at least two hundred thousand pesos
,5.77,777.771 annually, for which heHshe shall render
a semi-annual accounting of the fund to the
2epartment of "abor and #mployment, in compliance
with the provisions of this Act. The child shall have full
control over the trust fund upon reaching the age of
majority.
MSec. -.-2. Prohibition Against %orst 1orms of Child
Labor. - +o child shall be engaged in the worst forms
of child labor. The phrase Mworst forms of child laborM
shall refer to any of the following;
M,-1 All forms of slavery, as defined under the MAnti-
traffic)ing in 5ersons Act of .774M, or practices similar
to slavery such as sale and traffic)ing of children,
debt bondage and serfdom and forced or compulsory
labor, including recruitment of children for use in
armed conflict< or
M,.1 The use, procuring, offering or e*posing of a child
for prostitution, for the production of pornography or
for pornographic performances< or
5uman E Labor ' E Pro&. Battad E Pa!e "?$
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M,41 The use, procuring or offering of a child for illegal
or illicit activities, including the production and
traffic)ing of dangerous drugs and volatile substances
prohibited under e*isting laws< or
M,01 Aor) which, by its nature or the circumstances in
which it is carried out, is ha(ardous or li)ely to be
harmful to the health, safety or morals of children,
such that it;
Ma1 2ebases, degrades or demeans the intrinsic worth
and dignity of a child as a human being< or
Mb1 #*poses the child to physical, emotional or se*ual
abuse, or is found to be highly stressful
psychologically or may prejudice morals< or
Mc1 !s performed underground, underwater or at
dangerous heights< or
Md1 !nvolves the use of dangerous machinery,
equipment and tools such as power-driven or
e*plosive power-actuated tools< or
Me1 #*poses the child to physical danger such as, but
not limited to the dangerous feats of balancing,
physical strength or contortion, or which requires the
manual transport of heavy loads< or
Mf1 !s performed in an unhealthy environment
e*posing the child to ha(ardous wor)ing conditions,
elements, substances, co-agents or processes
involving ioni(ing, radiation, fire, flammable
substances, no*ious components and the li)e, or to
e*treme temperatures, noise levels, or vibrations< or
Mg1 !s performed under particularly difficult conditions<
or
Mh1 #*poses the child to biological agents such as
bacteria, fungi, viruses, proto(oans, nematodes and
other parasites< or
Mi1 !nvolves the manufacture or handling of e*plosives
and other pyrotechnic products.M
Section 4. Section -4 of the same Act is hereby
amended to read as follows;
MSec. -4. Access to )ducation and Training for
%or-ing Children - Ma1 +o child shall be deprived of
formal or non-formal education. !n all cases of
employment allowed in this Act, the employer shall
provide a wor)ing child with access to at least primary
and secondary education.
Mb1 To ensure and guarantee the access of the
wor)ing child to education and training, the
2epartment of #ducation ,2#5#21 shall; ,-1
formulate, promulgate, and implement relevant and
effective course designs and educational programs<
,.1 conduct the necessary training for the
implementation of the appropriate curriculum for the
purpose< ,41 ensure the availability of the needed
educational facilities and materials< and ,01 conduct
continuing research and development program for the
necessary and relevant alternative education of the
wor)ing child.
Mc1 The 2#5#2 shall promulgate a course design
under its non-formal education program aimed at
promoting the intellectual, moral and vocational
efficiency of wor)ing children who have not
undergone or finished elementary or secondary
education. Such course design shall integrate the
learning process deemed most effective under given
circumstances.M
Section 5. Section -0 of the same Act is hereby
amended to read as follows;
MSec. -0. Prohibition on the )mployment of Children
in Certain Advertisements. - +o child shall be
employed as a model in any advertisement directly or
indirectly promoting alcoholic beverages, into*icating
drin)s, tobacco and its byproducts, gambling or any
form of violence or pornography.M
Section 6. Section -3 of the same Act, is hereby
amended to read as follows;
MSec. -3. Penal Provisions *
Ma1 Any employer who violates Sections -., -.-A, and
Section -0 of this act, as amended, shall be penali(ed
by imprisonment of si* ,31 months and one ,-1 day to
si* ,31 years or a fine of not less than Cifty thousand
pesos ,5/7,777.771 but not more than Three hundred
thousand pesos ,5477,777.771 or both at the
discretion of the court.
Mb1 Any person who violates the provision of Section
-.-2 of this act or the employer of the subcontractor
who employs, or the one who facilitates the
employment of a child in ha(ardous wor), shall suffer
the penalty of a fine of not less than 'ne hundred
thousand pesos ,5-77,777.771 but not more than 'ne
million pesos ,5-,777,777.771, or imprisonment of not
less than twelve ,-.1 years and one ,-1 day to twenty
,.71 years, or both such fine and imprisonment at the
discretion of the court.
Mc1 Any person who violates Sections -.-2,-1 and -.-
2,.1 shall be prosecuted and penali(ed in accordance
with the penalty provided for by . A. 8.7> otherwise
)nown as the MAnti-traffic)ing in 5ersons Act of .774M;
Provided$ That Such penalty shall be imposed in its
ma*imum period.
Md1 Any person who violates Section -.-2 ,41 shall be
prosecuted and penali(ed in accordance with .A.
8-3/, otherwise )nown as the MComprehensive
2angerous 2rugs Act of .77.M< Provided, That such
penalty shall be imposed in its ma*imum period.
Me1 !f a corporation commits any of the violations
aforecited, the board of directorsHtrustees and officers,
which include the president, treasurer and secretary
of the said corporation who participated in or
)nowingly allowed the violation, shall be penali(ed
accordingly as provided for under this Section.
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Mf1 5arents, biological or by legal fiction, and legal
guardians found to be violating Sections -., -.-A, -.-
& and -.-C of this Act shall pay a fine of not less than
Ten thousand pesos ,5-7,777.771 but not more than
'ne hundred thousand pesos ,5-77,777.771, or be
required to render community service for not less than
thirty ,471 days but not more than one ,-1 year, or
both such fine and community service at the
discretion of the court; Provided$ That the ma*imum
length of community service shall be imposed on
parents or legal guardians who have violated the
provisions of this Act three ,41 times< Provided$
further, That in addition to the community service, the
penalty of imprisonment of thirty ,471 days but not
more than one ,-1 year or both at the discretion of the
court, shall be imposed on the parents or legal
guardians who have violated the provisions of this Act
more than three ,41 times.
Mg1 The Secretary, of "abor and #mployment or
hisHher duly authori(ed representative may, after due
notice and hearing, order the closure of any business
firm or establishment found to have violated any of
the provisions of this Act more than three ,41 times.
9eHshe shall li)ewise order the immediate closure of
such firm or establishment if;
M,-1 The violation of any provision of this Act has
resulted in the death, insanity or serious physical
injury of a child employed in such establishment< or
M,.1 Such firm or establishment is engaged or
employed in prostitution or in obscene or lewd shows.
Mh1 !n case of such closure, the employer shall be
required to pay the employee,s1 the separation pay
and other monetary benefits provided for by law.M
Section 7. The same Act is hereby further amended
by adding a new section to be denominated as
Section -3-A, to read as follows;
MSec. -3-A. Trust 1und from 1ines and Penalties *
The fine imposed by the court shall be treated as a
Trust Cund, administered by the 2epartment of "abor
and #mployment and disbursed e*clusively for the
needs, including the costs of rehabilitation and
reintegration into the mainstream of society of the
wor)ing children who are victims of the violations of
this Act, and for the programs and projects that will
prevent acts of child labor.M
Section 8. Section .6 of the same Act is hereby
amended to read as follows;
MSec. .6. %ho 'ay 1ile a Complaint - Complaints on
cases of unlawful acts committed against children as
enumerated herein may be filed by the following;
M,a1 'ffended party<
M,b1 5arents or guardians<
M,c1 Ascendant or collateral relative within the third
degree of consanguinity<
M,d1 'fficer, social wor)er or representative of a
licensed child-caring institution<
M,e1 'fficer or social wor)er of the 2epartment of
Social Aelfare and 2evelopment<
M,f1 &arangay chairman of the place where the
violation occurred, where the child is residing or
employed< or
M,g1 At least three ,41 concerned, responsible citi(ens
where the violation occurred.M
Section 9. The same Act is hereby further amended
by adding new sections to Section -3 to be
denominated as Sections -3-A, -3-& and -3-C to
read as follows;
MSec. -3-A. !urisdiction - The family courts shall have
original jurisdiction over all cases involving offenses
punishable under this Act; Provided$ That in cities or
provinces where there are no family courts yet, the
regional trial courts and the municipal trial courts shall
have concurrent jurisdiction depending on the
penalties prescribed for the offense charged.
MThe preliminary investigation of cases filed under this
Act shall be terminated within a period of thirty ,471
days from the date of filing.
M!f the preliminary investigation establishes a prima
facie case, then the corresponding information shall
be filed in court within forty eight ,0>1 hours from the
termination of the investigation.
MTrial of cases under this Act shall be terminated by
the court not later than ninety ,871 days from the date
of filing of information. 2ecision on said cases shall
be rendered within a period of fifteen ,-/1 days from
the date of submission of the case.
MSec. -/. )4emptions from 1iling 1ees. - Ahen the
victim of child labor institutes a separate civil action
for the recovery of civil damages, heHshe shall be
e*empt from payment of filing fees.
MSec. -3-C. Access to (mmediate Legal$ 'edical and
Psycho*+ocial +ervices - The wor)ing child shall have
the right to free legal, medical and psycho-social
services to be provided by the State.M
Section 10. (mplementing Rules and Regulations -
The Secretary of "abor and #mployment, in
coordination with the Committees on "abor and
#mployment of both 9ouses of Congress, shall issue
the necessary !mplementing ules and egulations
,!1 to effectively implement the provisions of this
Act, in consultation with concerned public and private
sectors, within si*ty ,371 days from the effectivity of
this Act.
Such rules and regulations shall ta)e effect upon their
publication in two ,.1 national newspapers of general
circulation.
5uman E Labor ' E Pro&. Battad E Pa!e "C<
LAB+( LA2 " (E:'E2E(
Section 11. +eparability Clause. - !f any provision of
this Act is declared invalid or unconstitutional, the
validity of the remaining provisions hereof shall
remain in full force and effect.
Section 12. Repealing Clause. - All laws, decrees, or
rules inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 13. )ffectivity. - This Act shall ta)e effect
fifteen ,-/1 days from the date of its complete
publication in the &fficial a/ette or in at least two ,.1
national newspapers of general circulation.
C182 Aor&t *or6& o' C0i73 (45o/r Con.ention,
1999
Convention concerning the 5rohibition and !mmediate
Action for the #limination of the Aorst Corms of Child
"abour ,+ote; 2ate of coming into force; -8;--;.7771
Convention;C->.
5lace;:eneva
Session of the Conference;>6
2ate of adoption;-6;73;-888
Subject classification; #limination of Child "abour
Subject classification; Children and Ioung 5ersons
Subject; E7i6in4tion o' C0i73 (45o/r 4n3
#rotection o' C0i73ren 4n3 Do/n9 #er&on&
The :eneral Conference of the !nternational "abour
'rgani(ation,
9aving been convened at :eneva by the :overning
&ody of the !nternational "abour 'ffice, and having
met in its >6th Session on - @une -888, and
Considering the need to adopt new instruments for
the prohibition and elimination of the worst forms of
child labour, as the main priority for national and
international action, including international
cooperation and assistance, to complement the
Convention and the ecommendation concerning
=inimum Age for Admission to #mployment, -864,
which remain fundamental instruments on child
labour, and
Considering that the effective elimination of the worst
forms of child labour requires immediate and
comprehensive action, ta)ing into account the
importance of free basic education and the need to
remove the children concerned from all such wor)
and to provide for their rehabilitation and social
integration while addressing the needs of their
families, and
ecalling the resolution concerning the elimination of
child labour adopted by the !nternational "abour
Conference at its >4rd Session in -883, and
ecogni(ing that child labour is to a great e*tent
caused by poverty and that the long-term solution lies
in sustained economic growth leading to social
progress, in particular poverty alleviation and
universal education, and
ecalling the Convention on the ights of the Child
adopted by the Bnited +ations :eneral Assembly on
.7 +ovember -8>8, and
ecalling the !"' 2eclaration on Cundamental
5rinciples and ights at Aor) and its Collow-up,
adopted by the !nternational "abour Conference at its
>3th Session in -88>, and
ecalling that some of the worst forms of child labour
are covered by other international instruments, in
particular the Corced "abour Convention, -847, and
the Bnited +ations Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and !nstitutions
and 5ractices Similar to Slavery, -8/3, and
9aving decided upon the adoption of certain
proposals with regard to child labour, which is the
fourth item on the agenda of the session, and
9aving determined that these proposals shall ta)e the
form of an international Convention<
adopts this seventeenth day of @une of the year one
thousand nine hundred and ninety-nine the following
Convention, which may be cited as the Aorst Corms
of Child "abour Convention, -888.
Article -
#ach =ember which ratifies this Convention shall ta)e
immediate and effective measures to secure the
prohibition and elimination of the worst forms of child
labour as a matter of urgency.
Article .
Cor the purposes of this Convention, the term child
shall apply to all persons under the age of ->.
Article 4
Cor the purposes of this Convention, the term the
$orst forms of child labour comprises;
,a1 all forms of slavery or practices similar to slavery,
such as the sale and traffic)ing of children, debt
bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of
children for use in armed conflict<
,b1 the use, procuring or offering of a child for
prostitution, for the production of pornography or for
pornographic performances<
,c1 the use, procuring or offering of a child for illicit
activities, in particular for the production and
traffic)ing of drugs as defined in the relevant
international treaties<
,d1 wor) which, by its nature or the circumstances in
which it is carried out, is li)ely to harm the health,
safety or morals of children.
5uman E Labor ' E Pro&. Battad E Pa!e "C"
LAB+( LA2 " (E:'E2E(
Article 0
-. The types of wor) referred to under Article 4,d1
shall be determined by national laws or regulations or
by the competent authority, after consultation with the
organi(ations of employers and wor)ers concerned,
ta)ing into consideration relevant international
standards, in particular 5aragraphs 4 and 0 of the
Aorst Corms of Child "abour ecommendation, -888.
.. The competent authority, after consultation with the
organi(ations of employers and wor)ers concerned,
shall identify where the types of wor) so determined
e*ist.
4. The list of the types of wor) determined under
paragraph - of this Article shall be periodically
e*amined and revised as necessary, in consultation
with the organi(ations of employers and wor)ers
concerned.
Article /
#ach =ember shall, after consultation with employersJ
and wor)ersJ organi(ations, establish or designate
appropriate mechanisms to monitor the
implementation of the provisions giving effect to this
Convention.
Article 3
-. #ach =ember shall design and implement
programmes of action to eliminate as a priority the
worst forms of child labour.
.. Such programmes of action shall be designed and
implemented in consultation with relevant government
institutions and employersJ and wor)ersJ
organi(ations, ta)ing into consideration the views of
other concerned groups as appropriate.
Article 6
-. #ach =ember shall ta)e all necessary measures to
ensure the effective implementation and enforcement
of the provisions giving effect to this Convention
including the provision and application of penal
sanctions or, as appropriate, other sanctions.
.. #ach =ember shall, ta)ing into account the
importance of education in eliminating child labour,
ta)e effective and time-bound measures to;
,a1 prevent the engagement of children in the worst
forms of child labour<
,b1 provide the necessary and appropriate direct
assistance for the removal of children from the worst
forms of child labour and for their rehabilitation and
social integration<
,c1 ensure access to free basic education, and,
wherever possible and appropriate, vocational
training, for all children removed from the worst forms
of child labour<
,d1 identify and reach out to children at special ris)<
and
,e1 ta)e account of the special situation of girls.
4. #ach =ember shall designate the competent
authority responsible for the implementation of the
provisions giving effect to this Convention.
Article >
=embers shall ta)e appropriate steps to assist one
another in giving effect to the provisions of this
Convention through enhanced international
cooperation andHor assistance including support for
social and economic development, poverty
eradication programmes and universal education.
Article 8
The formal ratifications of this Convention shall be
communicated to the 2irector-:eneral of the
!nternational "abour 'ffice for registration.
Article -7
-. This Convention shall be binding only upon those
=embers of the !nternational "abour 'rgani(ation
whose ratifications have been registered with the
2irector-:eneral of the !nternational "abour 'ffice.
.. !t shall come into force -. months after the date on
which the ratifications of two =embers have been
registered with the 2irector-:eneral.
4. Thereafter, this Convention shall come into force
for any =ember -. months after the date on which its
ratification has been registered.
Article --
-. A =ember which has ratified this Convention may
denounce it after the e*piration of ten years from the
date on which the Convention first comes into force,
by an act communicated to the 2irector-:eneral of
the !nternational "abour 'ffice for registration. Such
denunciation shall not ta)e effect until one year after
the date on which it is registered.
.. #ach =ember which has ratified this Convention
and which does not, within the year following the
e*piration of the period of ten years mentioned in the
preceding paragraph, e*ercise the right of
denunciation provided for in this Article, will be bound
for another period of ten years and, thereafter, may
denounce this Convention at the e*piration of each
period of ten years under the terms provided for in
this Article.
Article -.
-. The 2irector-:eneral of the !nternational "abour
'ffice shall notify all =embers of the !nternational
"abour 'rgani(ation of the registration of all
5uman E Labor ' E Pro&. Battad E Pa!e "C4
LAB+( LA2 " (E:'E2E(
ratifications and acts of denunciation communicated
by the =embers of the 'rgani(ation.
.. Ahen notifying the =embers of the 'rgani(ation of
the registration of the second ratification, the 2irector-
:eneral shall draw the attention of the =embers of
the 'rgani(ation to the date upon which the
Convention shall come into force.
Article -4
The 2irector-:eneral of the !nternational "abour
'ffice shall communicate to the Secretary-:eneral of
the Bnited +ations, for registration in accordance with
article -7. of the Charter of the Bnited +ations, full
particulars of all ratifications and acts of denunciation
registered by the 2irector-:eneral in accordance with
the provisions of the preceding Articles.
Article -0
At such times as it may consider necessary, the
:overning &ody of the !nternational "abour 'ffice
shall present to the :eneral Conference a report on
the wor)ing of this Convention and shall e*amine the
desirability of placing on the agenda of the
Conference the question of its revision in whole or in
part.
Article -/
-. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then,
unless the new Convention otherwise provides --
,a1 the ratification by a =ember of the new revising
Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the
provisions of Article -- above, if and when the new
revising Convention shall have come into force<
,b1 as from the date when the new revising
Convention comes into force, this Convention shall
cease to be open to ratification by the =embers.
.. This Convention shall in any case remain in force in
its actual form and content for those =embers which
have ratified it but have not ratified the revising
Convention.
Article -3
The #nglish and Crench versions of the te*t of this
Convention are equally authoritative.
R190 Aor&t *or6& o' C0i73 (45o/r
Reco66en34tion, 1999
ecommendation concerning the prohibition and
immediate action for the elimination of the worst forms
of child labour
5lace;:eneva
Session of the Conference;>6
2ate of adoption;-6;73;-888
Subject classification; #limination of Child "abour
Subject classification; Children and Ioung 5ersons
Subject; E7i6in4tion o' C0i73 (45o/r 4n3
#rotection o' C0i73ren 4n3 Do/n9 #er&on&
The :eneral Conference of the !nternational "abour
'rgani(ation,
9aving been convened at :eneva by the :overning
&ody of the !nternational "abour 'ffice, and having
met in its #ighty-seventh Session on - @une -888,
and
9aving adopted the Aorst Corms of Child "abour
Convention, -888, and
9aving decided upon the adoption of certain
proposals with regard to child labour, which is the
fourth item on the agenda of the session, and
9aving determined that these proposals shall ta)e the
form of a ecommendation supplementing the Aorst
Corms of Child "abour Convention, -888<
adopts this seventeenth day of @une of the year one
thousand nine hundred and ninety-nine the following
ecommendation, which may be cited as the Aorst
Corms of Child "abour ecommendation, -888.
-. The provisions of this ecommendation
supplement those of the Aorst Corms of Child "abour
Convention, -888 ,hereafter referred to as Mthe
ConventionM1, and should be applied in conjunction
with them.
!. 5rogrammes of action
.. The programmes of action referred to in Article 3 of
the Convention should be designed and implemented
as a matter of urgency, in consultation with relevant
government institutions and employersJ and wor)ersJ
organi(ations, ta)ing into consideration the views of
the children directly affected by the worst forms of
child labour, their families and, as appropriate, other
concerned groups committed to the aims of the
Convention and this ecommendation. Such
programmes should aim at, inter alia;
,a1 identifying and denouncing the worst forms of child
labour<
,b1 preventing the engagement of children in or
removing them from the worst forms of child labour,
protecting them from reprisals and providing for their
rehabilitation and social integration through measures
which address their educational, physical and
psychological needs<
,c1 giving special attention to;
,i1 younger children<
,ii1 the girl child<
5uman E Labor ' E Pro&. Battad E Pa!e "C?
LAB+( LA2 " (E:'E2E(
,iii1 the problem of hidden wor) situations, in which
girls are at special ris)<
,iv1 other groups of children with special vulnerabilities
or needs<
,d1 identifying, reaching out to and wor)ing with
communities where children are at special ris)<
,e1 informing, sensiti(ing and mobili(ing public opinion
and concerned groups, including children and their
families.
!!. 9a(ardous wor)
4. !n determining the types of wor) referred to under
Article 4,d1 of the Convention, and in identifying
where they e*ist, consideration should be given, inter
alia, to;
,a1 wor) which e*poses children to physical,
psychological or se*ual abuse<
,b1 wor) underground, under water, at dangerous
heights or in confined spaces<
,c1 wor) with dangerous machinery, equipment and
tools, or which involves the manual handling or
transport of heavy loads<
,d1 wor) in an unhealthy environment which may, for
e*ample, e*pose children to ha(ardous substances,
agents or processes, or to temperatures, noise levels,
or vibrations damaging to their health<
,e1 wor) under particularly difficult conditions such as
wor) for long hours or during the night or wor) where
the child is unreasonably confined to the premises of
the employer.
0. Cor the types of wor) referred to under Article 4,d1
of the Convention and 5aragraph 4 above, national
laws or regulations or the competent authority could,
after consultation with the wor)ersJ and employersJ
organi(ations concerned, authori(e employment or
wor) as from the age of -3 on condition that the
health, safety and morals of the children concerned
are fully protected, and that the children have
received adequate specific instruction or vocational
training in the relevant branch of activity.
!!!. !mplementation
/. ,-1 2etailed information and statistical data on the
nature and e*tent of child labour should be compiled
and )ept up to date to serve as a basis for
determining priorities for national action for the
abolition of child labour, in particular for the prohibition
and elimination of its worst forms as a matter of
urgency.
,.1 As far as possible, such information and statistical
data should include data disaggregated by se*, age
group, occupation, branch of economic activity, status
in employment, school attendance and geographical
location. The importance of an effective system of
birth registration, including the issuing of birth
certificates, should be ta)en into account.
,41 elevant data concerning violations of national
provisions for the prohibition and elimination of the
worst forms of child labour should be compiled and
)ept up to date.
3. The compilation and processing of the information
and data referred to in 5aragraph / above should be
carried out with due regard for the right to privacy.
6. The information compiled under 5aragraph / above
should be communicated to the !nternational "abour
'ffice on a regular basis.
>. =embers should establish or designate appropriate
national mechanisms to monitor the implementation of
national provisions for the prohibition and elimination
of the worst forms of child labour, after consultation
with employersJ and wor)ersJ organi(ations.
8. =embers should ensure that the competent
authorities which have responsibilities for
implementing national provisions for the prohibition
and elimination of the worst forms of child labour
cooperate with each other and coordinate their
activities.
-7. +ational laws or regulations or the competent
authority should determine the persons to be held
responsible in the event of non-compliance with
national provisions for the prohibition and elimination
of the worst forms of child labour.
--. =embers should, in so far as it is compatible with
national law, cooperate with international efforts
aimed at the prohibition and elimination of the worst
forms of child labour as a matter of urgency by;
,a1 gathering and e*changing information concerning
criminal offences, including those involving
international networ)s<
,b1 detecting and prosecuting those involved in the
sale and traffic)ing of children, or in the use,
procuring or offering of children for illicit activities, for
prostitution, for the production of pornography or for
pornographic performances<
,c1 registering perpetrators of such offences.
-.. =embers should provide that the following worst
forms of child labour are criminal offences;
,a1 all forms of slavery or practices similar to slavery,
such as the sale and traffic)ing of children, debt
bondage and serfdom and forced or compulsory
labour, including forced or compulsory recruitment of
children for use in armed conflict<
,b1 the use, procuring or offering of a child for
prostitution, for the production of pornography or for
pornographic performances< and
5uman E Labor ' E Pro&. Battad E Pa!e "CC
LAB+( LA2 " (E:'E2E(
,c1 the use, procuring or offering of a child for illicit
activities, in particular for the production and
traffic)ing of drugs as defined in the relevant
international treaties, or for activities which involve the
unlawful carrying or use of firearms or other weapons.
-4. =embers should ensure that penalties including,
where appropriate, criminal penalties are applied for
violations of the national provisions for the prohibition
and elimination of any type of wor) referred to in
Article 4,d1 of the Convention.
-0. =embers should also provide as a matter of
urgency for other criminal, civil or administrative
remedies, where appropriate, to ensure the effective
enforcement of national provisions for the prohibition
and elimination of the worst forms of child labour,
such as special supervision of enterprises which have
used the worst forms of child labour, and, in cases of
persistent violation, consideration of temporary or
permanent revo)ing of permits to operate.
-/. 'ther measures aimed at the prohibition and
elimination of the worst forms of child labour might
include the following;
,a1 informing, sensiti(ing and mobili(ing the general
public, including national and local political leaders,
parliamentarians and the judiciary<
,b1 involving and training employersJ and wor)ersJ
organi(ations and civic organi(ations<
,c1 providing appropriate training for the government
officials concerned, especially inspectors and law
enforcement officials, and for other relevant
professionals<
,d1 providing for the prosecution in their own country
of the =emberJs nationals who commit offences under
its national provisions for the prohibition and
immediate elimination of the worst forms of child
labour even when these offences are committed in
another country<
,e1 simplifying legal and administrative procedures
and ensuring that they are appropriate and prompt<
,f1 encouraging the development of policies by
underta)ings to promote the aims of the Convention<
,g1 monitoring and giving publicity to best practices on
the elimination of child labour<
,h1 giving publicity to legal or other provisions on child
labour in the different languages or dialects<
,i1 establishing special complaints procedures and
ma)ing provisions to protect from discrimination and
reprisals those who legitimately e*pose violations of
the provisions of the Convention, as well as
establishing helplines or points of contact and
ombudspersons<
,j1 adopting appropriate measures to improve the
educational infrastructure and the training of teachers
to meet the needs of boys and girls<
,)1 as far as possible, ta)ing into account in national
programmes of action;
,i1 the need for job creation and vocational training for
the parents and adults in the families of children
wor)ing in the conditions covered by the Convention<
and
,ii1 the need for sensiti(ing parents to the problem of
children wor)ing in such conditions.
-3. #nhanced international cooperation andHor
assistance among =embers for the prohibition and
effective elimination of the worst forms of child labour
should complement national efforts and may, as
appropriate, be developed and implemented in
consultation with employersJ and wor)ersJ
organi(ations. Such international cooperation andHor
assistance should include;
,a1 mobili(ing resources for national or international
programmes<
,b1 mutual legal assistance<
,c1 technical assistance including the e*change of
information<
,d1 support for social and economic development,
poverty eradication programmes and universal
education.
a. Finors under the Constitution, Art. '',
Sec. "?
Section 13. The State recogni(es the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. !t shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in
public and civic affairs.
b. Co,era!e, (A #4?", Sec. 4, ar. ? on
Sec. "4= Boo1 ''', (ule >'', Sec. "
(See Abo,e)
c. Emlo/ment o& Children, Art. "?#= (A
%D"<, Sec. "4-"D= DOLE )e,o C$rc&#ar No. ?2 S
1//9 ReG =aHar"o&s an" Non>=aHar"o&s
Esab#$s(,ens
(A %D"<
ARTIC(E @III
Aor8in9 C0i73ren
Section 12. )mployment of Children. - Children
below fifteen ,-/1 years of age may be employed
e*cept;
,-1 Ahen a child wor)s directly under the
sole responsibility of his parents or legal
5uman E Labor ' E Pro&. Battad E Pa!e "CA
LAB+( LA2 " (E:'E2E(
guardian and where only members of the
employerJs family are employed; 5rovided,
however, That his employment neither
endangers his life, safety and health and
morals, nor impairs his normal development;
5rovided, further, That the parent or legal
guardian shall provide the said minor child
with the prescribed primary andHor
secondary education< or
,.1 Ahen a childJs employment or
participation in public R entertainment or
information through cinema, theater, radio or
television is essential; 5rovided, The
employment contract concluded by the
childJs parent or guardian, with the e*press
agreement of the child concerned, if
possible, and the approval of the 2epartment
of "abor and #mployment; 5rovided, That
the following requirements in all instances
are strictly complied with;
,a1 The employer shall ensure the protection,
health, safety and morals of the child<
,b1 the employer shall institute measures to
prevent the childJs e*ploitation or
discrimination ta)ing into account the system
and level of remuneration, and the duration
and arrangement of wor)ing time< and<
,c1 The employer shall formulate and
implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and s)ill
acquisition of the child.
!n the above e*ceptional cases where any such child
may be employed, the employer shall first secure,
before engaging such child, a wor) permit from the
2epartment of "abor and #mployment which shall
ensure observance of the above requirement.
The 2epartment of "abor #mployment shall
promulgate rules and regulations necessary for the
effective implementation of this Section.
Section 13. Non*formal )ducation for %or-ing
Children. - The 2epartment of #ducation, Culture and
Sports shall promulgate a course design under its
non-formal education program aimed at promoting the
intellectual, moral and vocational efficiency of wor)ing
children who have not undergone or finished
elementary or secondary education. Such course
design shall integrate the learning process deemed
most effective under given circumstances.
Section 14. Prohibition on the )mployment of
Children in Certain Advertisements. - +o person shall
employ child models in all commercials or
advertisements promoting alcoholic beverages,
into*icating drin)s, tobacco and its byproducts and
violence.
Section 15. Duty of )mployer. - #very employer shall
comply with the duties provided for in Articles -7> and
-78 of 5residential 2ecree +o. 374.
Section 16. Penalties. - Any person who shall violate
any provision of this Article shall suffer the penalty of
a fine of not less than 'ne thousand pesos ,5-,7771
but not more than Ten thousand pesos ,5-7,7771 or
imprisonment of not less than three ,41 months but
not more than three ,41 years, or both at the discretion
of the court< 5rovided, That, in case of repeated
violations of the provisions of this Article, the
offenderJs license to operate shall be revo)ed.
". *ours o& 2or1, (A #4?", Sec. ? on Sec.
"4-a
e. Prohibitions A!ainst 2orst Morms o&
Child Labor, Sec. ? on Sec. "4-d= Sec A on sec. "C
-. 5iscrimination, Art. "C<
'. Jurisdiction, Sec. # on Sec. "D-A
(eadin!8
5el (osario and Bon!a, Issues and
@aps @o$erning Child Labor, in Child Labor in the
Philiines, A (e,iew o& Selected Studies and Polic/
Paers, . "%$-"$? (4<<<).
?. *ousehelersECare!i,ers
(e&erence8 Arts. "C"-"A4= +mnibus (ules, Boo1 ''',
(ule >'''
Chater '''
EFPL+XFE9T +M *+NSE*ELPE(S
A(T. "C". Co$erage. - This Chater shall al/ to all
ersons renderin! ser,ices in households &or
comensation.
%&omestic or household ser$ice% shall mean ser,ice
in the emlo/erIs home which is usuall/ necessar/ or
desirable &or the maintenance and en3o/ment thereo&
and includes ministerin! to the ersonal com&ort and
con,enience o& the members o& the emlo/erIs
household, includin! ser,ices o& &amil/ dri,ers.
A(T. "C4. Contract of domestic ser$ice. - The ori!inal
contract o& domestic ser,ice shall not last &or more
than two (4) /ears but it ma/ be renewed &or such
eriods as ma/ be a!reed uon b/ the arties.
5uman E Labor ' E Pro&. Battad E Pa!e "CD
LAB+( LA2 " (E:'E2E(
A(T. "C?. Minimum 'age. - (a) *ousehelers shall be
aid the &ollowin! minimum wa!e rates8
(") Ei!ht hundred esos (P$<<.<<) a month &or
househelers in Fanila, Puezon, Pasa/, and Caloocan
cities and municialities o& Fa1ati, San Juan,
Fandalu/on!, Funtinlua, 9a,otas, Falabon,
ParaWa@ue, Las PiWas, Pasi!, Fari1ina, :alenzuela,
Ta!ui! and Pateros in Fetro Fanila and in hi!hl/
urbanized cities=
(4) Si0 hundred 6&t/ esos (PDA<.<<) a month &or
those in other chartered cities and 6rst-class
municialities= and
(?) Mi,e hundred 6&t/ esos (PAA<.<<) a month &or
those in other municialities.
Pro,ided, That the emlo/ers shall re,iew the
emlo/ment contracts o& their househelers e,er/
three (?) /ears with the end in ,iew o& imro,in! the
terms and conditions thereo&.
Pro,ided, &urther, That those househelers who are
recei,in! at least +ne thousand esos (P",<<<.<<)
shall be co,ered b/ the Social Securit/ S/stem (SSS)
and be entitled to all the bene6ts ro,ided
thereunder. (As amended b/ (eublic Act 9o. %DAA,
Au!ust "#, "##?).
A(T. "CC. Minimum cash 'age. - The minimum wa!e
rates rescribed under this Chater shall be the basic
cash wa!es which shall be aid to the househelers
in addition to lod!in!, &ood and medical attendance.
A(T. "CA. Assignment to non"household 'or(. - 9o
househeler shall be assi!ned to wor1 in a
commercial, industrial or a!ricultural enterrise at a
wa!e or salar/ rate lower than that ro,ided &or
a!ricultural or non-a!ricultural wor1ers as rescribed
herein.
A(T. "CD. +pportunit! for education. - '& the
househeler is under the a!e o& ei!hteen ("$) /ears,
the emlo/er shall !i,e him or her an oortunit/ &or
at least elementar/ education. The cost o& education
shall be art o& the househelerIs comensation,
unless there is a stiulation to the contrar/.
A(T. "C%. 7reatment of househelpers. - The emlo/er
shall treat the househeler in a 3ust and humane
manner. 'n no case shall h/sical ,iolence be used
uon the househeler.
A(T. "C$. Board, lodging, and medical attendance. -
The emlo/er shall &urnish the househeler, &ree o&
char!e, suitable and sanitar/ li,in! @uarters as well
as ade@uate &ood and medical attendance.
A(T. "C#. Indemnit! for un:ust termination of
ser$ices. - '& the eriod o& household ser,ice is 60ed,
neither the emlo/er nor the househeler ma/
terminate the contract be&ore the e0iration o& the
term, e0cet &or a 3ust cause. '& the househeler is
un3ustl/ dismissed, he or she shall be aid the
comensation alread/ earned lus that &or 6&teen
("A) da/s b/ wa/ o& indemnit/.
'& the househeler lea,es without 3usti6able reason,
he or she shall &or&eit an/ unaid salar/ due him or
her not e0ceedin! 6&teen ("A) da/s.
A(T. "A<. Ser$ice of termination notice. - '& the
duration o& the household ser,ice is not determined
either in stiulation or b/ the nature o& the ser,ice,
the emlo/er or the househeler ma/ !i,e notice to
ut an end to the relationshi 6,e (A) da/s be&ore the
intended termination o& the ser,ice.
A(T. "A". Emplo!ment certifcation. - Non the
se,erance o& the household ser,ice relation, the
emlo/er shall !i,e the househeler a written
statement o& the nature and duration o& the ser,ice
and his or her eBcienc/ and conduct as househeler.
A(T. "A4. Emplo!ment record. - The emlo/er ma/
1ee such records as he ma/ deem necessar/ to
reOect the actual terms and conditions o&
emlo/ment o& his househeler, which the latter
shall authenticate b/ si!nature or thumbmar1 uon
re@uest o& the emlo/er.
(NLE >'''
Emlo/ment o& *ousehelers
SECT'+9 ". .eneral statement on co,era!e. S (a)
The ro,isions o& this (ule shall al/ to all
househelers whether emlo/ed on &ull or art-time
basis.
(b) The term [househeler[ as used herein is
s/non/mous to the term [domestic ser,ant[ and
shall re&er to an/ erson, whether male or &emale,
who renders ser,ices in and about the emlo/erYs
home and which ser,ices are usuall/ necessar/ or
desirable &or the maintenance and en3o/ment
thereo&, and ministers e0clusi,el/ to the ersonal
com&ort and en3o/ment o& the emlo/erYs &amil/.
SECT'+9 4. Fethod o& a/ment not determinant. S
The ro,isions o& this (ule shall al/ irresecti,e o&
the method o& a/ment o& wa!es a!reed uon b/ the
emlo/er and househeler, whether it be hourl/,
dail/, wee1l/, or monthl/, or b/ iece or outut basis.
SECT'+9 ?. Children o& househelers. S The children
and relati,es o& a househeler who li,e under the
emlo/erYs roo& and who share the accommodations
ro,ided &or the househelers b/ the emlo/er shall
not be deemed as househelers i& the/ are not
otherwise en!a!ed as such and are not re@uired to
er&orm an/ substantial household wor1.
SECT'+9 C. Emlo/ment contract. S The initial
contract &or household ser,ice shall not last &or more
than two (4) /ears. *owe,er, such contract ma/ be
renewed &rom /ear to /ear.
SECT'+9 A. Finimum monthl/ wa!e. S The minimum
comensation o& househelers shall not be less than
the &ollowin! rates8
(a) Si0t/ esos (PD<.<<) a month &or those emlo/ed
in the cities o& Fanila, Puezon, Pasa/ and Caloocan,
and in the municialities o& Fa1ati, San Juan,
Fandalu/on!, Funtinlua, 9a,otas, Falabon,
5uman E Labor ' E Pro&. Battad E Pa!e "C%
LAB+( LA2 " (E:'E2E(
ParaWa@ue, Las PiWas, Pasi! and Fari1ina, in the
Pro,ince o& (izal.
(b) Mort/-6,e esos (PCA.<<) a month &or those
emlo/ed in other chartered cities and 6rst class
municialities= and
(c) Thirt/ esos (P?<.<<) a month &or those in other
municialities.
SECT'+9 D. E@ui,alent dail/ rate. S The e@ui,alent
minimum dail/ wa!e rate o& househelers shall be
determined b/ di,idin! the alicable minimum
monthl/ rate b/ thirt/ (?<) da/s.
SECT'+9 %. Pa/ment b/ results. S 2here the method
o& a/ment o& wa!es a!reed uon b/ the emlo/er
and the househeler is b/ iece or outut basis, the
iece or outut rates shall be such as will assure the
househeler o& the minimum monthl/ or the
e@ui,alent dail/ rate as ro,ided in this issuance.
SECT'+9 $. Finimum cash wa!e. S The minimum
wa!e rates rescribed under this (ule shall be basic
cash wa!es which shall be aid to the househelers
in addition to lod!in!, &ood and medical attendance.
SECT'+9 #. Time and manner o& a/ment. S 2a!es
shall be aid directl/ to the househeler to whom
the/ are due at least once a month. 9o deductions
there&rom shall be made b/ the emlo/er unless
authorized b/ the househeler himsel& or b/ e0istin!
laws.
SECT'+9 "<. Assi!nment to non-household wor1. S
9o househeler shall be assi!ned to wor1 in a
commercial, industrial or a!ricultural enterrise at a
wa!e or salar/ rate lower than that ro,ided &or
a!ricultural and non-a!ricultural wor1ers.
SECT'+9 "". +ortunit/ &or education. S '& the
househeler is under the a!e o& ei!hteen ("$) /ears,
the emlo/er shall !i,e him or her an oortunit/ &or
at least elementar/ education. The cost o& such
education shall be art o& the househelerYs
comensation, unless there is a stiulation to the
contrar/.
SECT'+9 "4. Treatment o& househelers. S The
emlo/er shall treat the househeler in a 3ust and
humane manner. 'n no case shall h/sical ,iolence
be inOicted uon the househeler.
SECT'+9 "?. Board, lod!in! and medical attendance.
S The emlo/er shall &urnish the househeler &ree
suitable and sanitar/ li,in! @uarters as well as
ade@uate &ood and medical attendance.
SECT'+9 "C. 'ndemnit/ &or un3ust termination o&
ser,ice. S '& the eriod &or household ser,ice is 60ed,
neither the emlo/er nor the househeler ma/
terminate the contract be&ore the e0iration o& the
term, e0cet &or a 3ust cause. '& the househeler is
un3ustl/ dismissed, he or she shall be aid the
comensation alread/ earned lus that &or 6&teen
("A) da/s b/ wa/ o& indemnit/.
'& the househeler lea,es without 3usti6able reason,
he or she shall &or&eit an/ unaid salar/ due him or
her not e0ceedin! 6&teen ("A) da/s.
SECT'+9 "A. Emlo/ment certi6cation. S Non the
se,erance o& the household ser,ice relationshi, the
househeler ma/ demand &rom the emlo/er a
written statement o& the nature and duration o& the
ser,ice and his or her eBcienc/ and conduct as
househeler.
SECT'+9 "D. Muneral e0enses. S 'n case o& death o&
the househeler, the emlo/er shall bear the &uneral
e0enses commensurate to the standards o& li&e o&
the deceased.
SECT'+9 "%. 5isosition o& the househelerYs bod/.
S Nnless so desired b/ the househeler or b/ his or
her !uardian with court aro,al, the trans&er or use
o& the bod/ o& the deceased househeler &or
uroses other than burial is rohibited. 2hen so
authorized b/ the househeler, the trans&er, use and
disosition o& the bod/ shall be in accordance with
the ro,isions o& (eublic Act 9o. ?C#.
SECT'+9 "$. Emlo/ment records. S The emlo/er
ma/ 1ee such records as he ma/ deem necessar/ to
reOect the actual terms and conditions o&
emlo/ment o& his househeler which the latter shall
authenticate b/ si!nature or thumbmar1 uon
re@uest o& the emlo/er.
SECT'+9 "#. Prohibited reduction o& a/. S 2hen the
comensation o& the househeler be&ore the
romul!ation o& these re!ulations is hi!her than that
rescribed in the Code and in this issuance, the same
shall not be reduced or diminished b/ the emlo/er
on or a&ter said date.
SECT'+9 4<. (elation to other laws and a!reements.
S 9othin! in this (ule shall deri,e a househeler o&
the ri!ht to see1 hi!her wa!es, shorter wor1in! hours
and better wor1in! conditions than those rescribed
herein, nor 3usti&/ an emlo/er in reducin! an/
bene6t or ri,ile!e !ranted to the househeler under
e0istin! laws, a!reements or ,oluntar/ emlo/er
ractices with terms more &a,orable to the
househelers than those rescribed in this (ule.
a. 5e6nition, (ule >''', Sec. " (b)
(b) The term [househeler[ as used herein is
s/non/mous to the term [domestic ser,ant[ and
shall re&er to an/ erson, whether male or &emale,
who renders ser,ices in and about the emlo/erYs
home and which ser,ices are usuall/ necessar/ or
desirable &or the maintenance and en3o/ment
thereo&, and ministers e0clusi,el/ to the ersonal
com&ort and en3o/ment o& the emlo/erYs &amil/.
b. Co,era!e, Art. "C"
A(T. "C". Co$erage. - This Chater shall al/ to all
ersons renderin! ser,ices in households &or
comensation.
%&omestic or household ser$ice% shall mean ser,ice
in the emlo/erIs home which is usuall/ necessar/ or
desirable &or the maintenance and en3o/ment thereo&
and includes ministerin! to the ersonal com&ort and
con,enience o& the members o& the emlo/erIs
household, includin! ser,ices o& &amil/ dri,ers.
c. 9on-*ousehold 2or1, Art. "CA
A(T. "CA. Assignment to non"household 'or(. - 9o
househeler shall be assi!ned to wor1 in a
5uman E Labor ' E Pro&. Battad E Pa!e "C$
LAB+( LA2 " (E:'E2E(
commercial, industrial or a!ricultural enterrise at a
wa!e or salar/ rate lower than that ro,ided &or
a!ricultural or non-a!ricultural wor1ers as rescribed
herein.
Ae0 Finin! Co. 9L(C, "#D
SC(A 4A" ("##")
e. Conditions o& Emlo/ment, Arts. "4"-
"A4= Ci,il Code, Arts. "D$#-"D##
A(T. "A". Emplo!ment certifcation. - Non the
se,erance o& the household ser,ice relation, the
emlo/er shall !i,e the househeler a written
statement o& the nature and duration o& the ser,ice
and his or her eBcienc/ and conduct as househeler.
A(T. "A4. Emplo!ment record. - The emlo/er ma/
1ee such records as he ma/ deem necessar/ to
reOect the actual terms and conditions o&
emlo/ment o& his househeler, which the latter
shall authenticate b/ si!nature or thumbmar1 uon
re@uest o& the emlo/er.
C':'L C+5E
Art. "D$#. *ousehold ser,ice shall alwa/s be
reasonabl/ comensated. An/ stiulation that
household ser,ice is without comensation shall be
,oid. Such comensation shall be in addition to the
house helerYs lod!in!, &ood, and medical
attendance.
Art. "D#<. The head o& the &amil/ shall &urnish, &ree o&
char!e, to the house heler, suitable and sanitar/
@uarters as well as ade@uate &ood and medical
attendance.
Art. "D#". '& the house heler is under the a!e o&
ei!hteen /ears, the head o& the &amil/ shall !i,e an
oortunit/ to the house heler &or at least
elementar/ education. The cost o& such education
shall be a art o& the house helerYs comensation,
unless there is a stiulation to the contrar/.
Art. "D#4. 9o contract &or household ser,ice shall last
&or more than two /ears. *owe,er, such contract
ma/ be renewed &rom /ear to /ear.
Art. "D#?. The house helerYs clothes shall be sub3ect
to stiulation. *owe,er, an/ contract &or household
ser,ice shall be ,oid i& thereb/ the house heler
cannot a;ord to ac@uire suitable clothin!.
Art. "D#C. The head o& the &amil/ shall treat the
house heler in a 3ust and humane manner. 'n no
case shall h/sical ,iolence be used uon the house
heler.
Art. "D#A. *ouse heler shall not be re@uired to wor1
more than ten hours a da/. E,er/ house heler shall
be allowed &our da/sY ,acation each month, with a/.
Art. "D#D. 'n case o& death o& the house heler, the
head o& the &amil/ shall bear the &uneral e0enses i&
the house heler has no relati,es in the lace where
the head o& the &amil/ li,es, with suBcient means
there&or.
Art. "D#%. '& the eriod &or household ser,ice is 60ed
neither the head o& the &amil/ nor the house heler
ma/ terminate the contract be&ore the e0iration o&
the term, e0cet &or a 3ust cause. '& the house heler
is un3ustl/ dismissed, he shall be aid the
comensation alread/ earned lus that &or 6&teen
da/s b/ wa/ o& indemnit/. '& the house heler lea,es
without 3usti6able reason, he shall &or&eit an/ salar/
due him and unaid, &or not e0ceedin! 6&teen da/s.
Art. "D#$. '& the duration o& the household ser,ice is
not determined either b/ stiulation or b/ the nature
o& the ser,ice, the head o& the &amil/ or the house
heler ma/ !i,e notice to ut an end to the ser,ice
relation, accordin! to the &ollowin! rules8
(") '& the comensation is aid b/ the da/,
notice ma/ be !i,en on an/ da/ that the
ser,ice shall end at the close o& the
&ollowin! da/=
(4) '& the comensation is aid b/ the wee1,
notice ma/ be !i,en, at the latest on the
6rst business da/ o& the wee1, that the
ser,ice shall be terminated at the end o& the
se,enth da/ &rom the be!innin! o& the
wee1=
(?) '& the comensation is aid b/ the
month, notice ma/ be !i,en, at the latest,
on the 6&th da/ o& the month, that the
ser,ice shall cease at the end o& the month.
Art. "D##. Non the e0tin!uishment o& the ser,ice
relation, the house heler ma/ demand &rom the
head o& the &amil/ a written statement on the nature
and duration o& the ser,ice and the eBcienc/ and
conduct o& the house heler.

?. *omewor1ers
a. Co,era!e and (e!ulation, Arts. "A?-"AA= 5+
A, 5+LE, C Meb. "##4, now Boo1 ''', (ule >':
A(T. "A?. .egulation of industrial home'or(ers. - The
emlo/ment o& industrial homewor1ers and 6eld
ersonnel shall be re!ulated b/ the !o,ernment
throu!h the aroriate re!ulations issued b/ the
5uman E Labor ' E Pro&. Battad E Pa!e "C#
LAB+( LA2 " (E:'E2E(
Secretar/ o& Labor and Emlo/ment to ensure the
!eneral wel&are and rotection o& homewor1ers and
6eld ersonnel and the industries emlo/in! them.
A(T. "AC. .egulations of Secretar!
of ;a#or. - The re!ulations or orders
to be issued ursuant to this
Chater shall be desi!ned to
assure the minimum terms and
conditions o& emlo/ment
alicable to the industrial
homewor1ers or 6eld ersonnel
in,ol,ed.
A(T. "AA. &istri#ution of
home'or(. - Mor uroses o& this
Chater, the %emplo!er% o&
homewor1ers includes an/ erson,
natural or arti6cial who, &or his
account or bene6t, or on behal& o&
an/ erson residin! outside the
countr/, directl/ or indirectl/, or
throu!h an emlo/ee, a!ent
contractor, sub-contractor or an/
other erson8
(") 5eli,ers, or causes to be
deli,ered, an/ !oods, articles or
materials to be rocessed or
&abricated in or about a home and
therea&ter to be returned or to be
disosed o& or distributed in
accordance with his directions= or
(4) Sells an/ !oods, articles or materials to be
rocessed or &abricated in or about a home and then
rebu/s them a&ter such rocessin! or &abrication,
either b/ himsel& or throu!h some other erson.
(NLE >':
Emlo/ment o& *omewor1ers
SECT'+9 ". .eneral statement on co,era!e. S This
(ule shall al/ to an/ homewor1er who er&orms in
or about his home an/ rocessin! o& !oods or
materials, in whole or in art, which ha,e been
&urnished directl/ or indirectl/ b/ an emlo/er and
therea&ter to be returned to the latter.
SECT'+9 4. 5e6nitions. S As used in this (ule, the
&ollowin! terms shall ha,e the meanin!s indicated
hereunder8
(a) [*ome[ means an/ room, house, aartment, or
other remises used re!ularl/, in whole or in art, as
a dwellin! lace, e0cet those situated within the
remises or comound o& an emlo/er, contractor,
and the wor1 er&ormed therein is under the acti,e
or ersonal suer,ision b/, or &or, the latter.
(b) [Emlo/er[ means an/ natural or arti6cial erson
who, &or his own account or bene6t, or on behal& o&
an/ erson residin! outside the Philiines, directl/
or indirectl/, or throu!h an/ emlo/ee, a!ent,
contractor, sub-contractor= or an/ other erson8
(") 5eli,ers or causes to be deli,ered an/ !oods or
articles to be rocessed in or about a home and
therea&ter to be returned or to be disosed o& or
distributed in accordance with his direction= or
(4) Sells an/ !oods or articles &or the urose o&
ha,in! such !oods or articles rocessed in or about a
home and then reurchases them himsel& or throu!h
another a&ter such rocessin!.
(c) [Contractor[ or [sub-contractor[ means an/
erson who, &or the account or bene6t o& an
emlo/er, deli,ers or caused to be deli,ered to a
homewor1er !oods or articles to be rocessed in or
about his home and therea&ter to be returned,
disosed o& or distributed in accordance with the
direction o& the emlo/er.
(d) [Processin![ means manu&acturin!, &abricatin!,
6nishin!, reairin!, alterin!, ac1in!, wrain! or
handlin! an/ material.
SECT'+9 ?. Pa/ment &or wor1. S (a) 'mmediatel/
uon receit o& the 6nished !oods or articles, the
emlo/er shall a/ the homewor1er or the contractor
or sub-contractor, as the case ma/ be, &or the wor1
er&ormed= Pro,ided, *owe,er, that where a/ment
is made to a contractor or sub-contractor, the
homewor1er shall be aid within the wee1 a&ter the
contractor or sub-contractor has collected the !oods
or articles &rom the homewor1ers.
(b) The Secretar/ o& Labor and Emlo/ment shall
&rom time to time establish the standard minimum
iece or outut rate in aroriate orders &or the
articular wor1 or rocessin! to be er&ormed b/ the
homewor1ers.
SECT'+9 C. 5eductions. S 9o emlo/ee, contractor,
or sub-contractor shall ma1e an/ deduction &rom the
homewor1erYs earnin!s &or the ,alue o& materials
which ha,e been lost, destro/ed, soiled or otherwise
dama!ed unless the &ollowin! conditions are met8
(a) The homewor1er concerned is clearl/ shown to be
resonsible &or the loss or dama!e=
(b) The emlo/ee is !i,en reasonable oortunit/ to
show cause wh/ deductions should not be made=
(c) The amount o& such deduction is &air and
reasonable and shall not e0ceed the actual loss or
dama!es= and
(d) The deduction is made at such rate that the
amount deducted does not e0ceed 4<T o& the
homewor1erYs earnin!s in a wee1.
SECT'+9 A. Conditions &or a/ment o& wor1. S (a)
The emlo/er ma/ re@uire the homewor1er to re-do
wor1 which has been imroerl/ e0ecuted without
ha,in! to a/ the stiulated rate more than once.
(b) An emlo/er, contractor, or sub-contractor need
not a/ the homewor1er &or an/ wor1 which has
been done on !oods and articles which ha,e been
returned &or reasons attributable to the &ault o& the
homewor1er.
SECT'+9 D. 5isa!reement between homewor1ers and
emlo/er. S 'n cases o& disa!reement between the
homewor1er and the emlo/er, contractor or sub-
contractor on matters &allin! under Section C (a), A
and D o& this (ule, either art/ ma/ re&er the case to
the (e!ional +Bce ha,in! 3urisdiction o,er the
homewor1er. The (e!ional +Bce shall decide the
5uman E Labor ' E Pro&. Battad E Pa!e "A<
LAB+( LA2 " (E:'E2E(
case within ten ("<) wor1in! da/s &rom receit o& the
case. 'ts decision shall be 6nal and unaealable.
SECT'+9 %. Liabilit/ o& emlo/er and contractor. S
2hene,er an emlo/er shall contract with another
&or the er&ormance o& the emlo/erYs wor1, it shall
be the dut/ o& such emlo/er to ro,ide in such
contract that the emlo/ees or homewor1ers o& the
contractor and the latterYs sub-contractor shall be
aid in accordance with the ro,isions o& this (ule. 'n
the e,ent that such contractor or sub-contractor &ails
to a/ the wa!es or earnin!s o& his emlo/ees or
homewor1ers as seci6ed in this (ule, such emlo/er
shall be 3ointl/ and se,erall/ liable with the
contractor or sub-contractor to the wor1ers o& the
latter, to the e0tent that such wor1 is er&ormed
under such contract, in the same manner as i& the
emlo/ees or homewor1ers were directl/ en!a!ed b/
the emlo/er.
b. 5e6nition, 5+ A, Sec. 4, 5+ A
c. (e!istration, Secs. C-D
d. Conditions o& Emlo/mentE5eductions, Secs.
D-#
&. Joint and Se,eral Liabilit/ o&
Emlo/erEContractor, Sec. ""
!. Prohibitions, Sec. "?
h. En&orcement, Sec. "<
NOTES:
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5uman E Labor ' E Pro&. Battad E Pa!e "A"
LAB+( LA2 " (E:'E2E(
K. )ena#2 Dena# an" Occ&pa$ona# Sa-e5
(e&erence8 Art. "AD-"DA= +mnibus (ules,
Boo1 ':, (ule ', Secs. "-"<= (ule '', Secs. "-^<
". Co,era!e, (ule ', Sec. "
4. Mirst Aid Treatment, Art. "AD
?. Emer!enc/ Fedical and 5ental
Ser,ices
a. 2hen (e@uired, Art. "A%
b. 2hen 9ot (e@uired, Art. "A$
C. Emlo/er assistance, Art. "D"
A. +ccuational Sa&et/ and *ealth
Standards, Trainin! o&
Suer,isorETechnician
a. 2hen (e@uired, (ule '', Secs. A (a) (d)
b. 2hen 9ot (e@uired, (ule '', Sec. A (e)
D. En&orcementE5+LE +bli!ations,
Arts. "D4-"DA
9ote8 Arts. "DD-4<$8 reealed b/ SSS Law
o& "##% ((A ""D", as amended)= (e8 Art. 4<#, see
9ational *ealth 'nsurance act o& "##A ((A %$%A)=
Boo1 ':, (ule '', Sec. $
L. E,p#o5ee C#ass$7ca$on
". Co,era!e, Art. 4%$
4. Emlo/er (eco!nition
Philiine Mederation o& Credit
Cooerati,es, 'nc. ,. 9L(C, ?<< SC(A %4 ("##$)
Pan!ilinan ,. .eneral Fillin!
cor., C?C SC(A "A# (4<<C)
?. Emlo/er 5eterminationE5esi!nation
5uman E Labor ' E Pro&. Battad E Pa!e "A4
LAB+( LA2 " (E:'E2E(
5e Leon ,. 9L(C, "%D SC(A D"A
("#$#)
:ioleta ,. 9L(C, 4$< SC(A A4<
("##%)
San Fi!uel Cororation ,. 9L(C,
4#% SC(A 4%% ("##$)
C. Fana!ement Prero!ati,e
Fanila Electric Co. ,. 9L(C, 4D?
SC(A A?" ("##D)
PAL, 'nc. ,. Pascua, C<# SC(A "#A
(4<<?)
Coca-cola Bottlers Phil., 'nc. Sales
Morce Nnion-PT.2+-BALA'S ,. Coca-cola Bottlers
Phil., 'nc., .( 9o. "AADA", CDC SC(A A<% (4<<A)
A. Uinds o& Emlo/ee
a. (e!ular Emlo/ees, art. 4$<, "
st
ar.= 4$<,
4
nd
ar.= 4$", last sentence= %A(d)= +mnibus rules,
Boo1 :', (ule ", Secs. A(a), (b) and D.
") T/e
Pan!ilinan ,. .eneral Fillin!
Cororation., C?C SC(A "A# (4<<C)
4) 9ature o& 2or1
Peretual *el Credit Cor., 'nc. ,.
Maburada, et al., ?DD SC(A D#? ( 4<<")
Fa!salin ,. 9ational +r!anization
o& 2or1in! Fen, C<? SC(A "## (4<<?)
*acienda Matima ,. 9ational
Mederation o& Su!arcane 2or1ers Mood and .eneral
Trade, ?#D SC(A A"$ (4<<?)
Penta!on 'nternational Shiin!,
'nc. ,. Adelantar, 4?A SC(A ?C4 (4<<C)
Loez ,. Fetroolitan 2aterwor1s
and Sewera!e S/stem, CD4 SC(A C4$ (4<<A)
?) E0tended Period
Andon Electric co., 'nc. ,.
9L(C, ?<$ SC(A ?C< ("###)
C) (eeated (enewal o& Contract

Fara!uinot ,. 9L(C, 4$C
SC(A A?# ("##$)
Nni,ersal Plastic Cor. ,.
Cataan!, C%? SC(A "$# (4<<A)
b. Pro3ect Emlo/ee, art. 4$<, "
st
ar.
") 5e6nition
'mbuido ,. 9L(C, ?4#
SC(A ?A% (4<<<)
Association o& Trade Nnion
,. Comm. Abella, ?4? SC(A A< (4<<A)
4) Pro3ect Emlo/ees
Sando,al Shi/ards, 'nc. ,.
9L(C, "?D SC(A D%C ("#$A)
:illa ,. 9L(C, 4$C SC(A
"<A ("##$)
Chua ,. Court o& Aeals,
CC< SC(A "4" (4<<C)
?) 2or1ool Emlo/ees

A!uilar Cor. ,. 9L(C, 4D#
SC(A A#D ("##%)
Fara!uinot ,. 9L(C, supra
Casual, Art. 4$<, 4
nd
ar.= +mnibus rules,
Boo1 :', (ule ", Sec. A (b)
") 9ature o& 2or1
A.F. +reta and Co. 'nc. ,.
9L(C, "%D SC(A 4"$ ("#$#)
4) +ne Xear Ser,ice
Uimberl/ ,. 5rilon, "$A
SC(A "#< ("##<)
'nte!rated Contractor and
Plumbin! 2or1s, 'nc. ,. Court o& Aeals, CDC SC(A
ACC (4<<A)
San Fi!uel Cor. ,. Abella,
supra
c. Mi0ed-Term
Brent School ,. Zamora, "$"
SC(A %<4 ("##<)
Palomares ,. 9L(C, 4%% SC(A
C?# ("##%)
Philis Semiconductor etc. ,.
Madri@uela, C44 SC(A C<$ (4<<C)
d. Seasonal
Phil. Tobacco Mlue-curin! )
(edr/in! Cor. ,. 9L(C, ?<< SC(A ?% ("##$)
*acienda Bino ,. Cuenca, CAD SC(A
?<< (4<<A)
e. Probationar/
") 5e6nition
Philiine Mederation o& Credit
Cooerati,es, 'nc. ,. 9L(C, supra
Cebu Farine Beach (esort ,. 9L(C,
C"C SC(A "%? (4<<?)
4) Emlo/er (i!ht to Set PeriodE+bli!ation
+rient E0ress Placement
Philiines ,. 9L(C, 4%? SC(A 4AD "##%)
?) 5urationEE0cetion
A Prime Securit/ Ser,ices,
'n,. :. 9L(C, ?44 SC(A 4$? (4<<<)
Fitsubishi Fotors ,. 9L(C,
44D SC(A C"% ("##?)
C) Criteria (e!ularization
Alcira ,. 9L(C, C?" SC(A
A<$ (4<<C)
A) E0tension o& Contract
Fariwasa Fanu&acturin!,
'nc. ,. Leo!ardo, "D# SC(A CDA ("#$#)
D) Absorbed Emlo/ees
Cebu Ste,edorin! Co. 'nc.
,. (e!ional 5irector, "D$ SC(A ?"A ("#$$)
%) (ule on Pri,ate School Teachers
5uman E Labor ' E Pro&. Battad E Pa!e "A?
LAB+( LA2 " (E:'E2E(
Escorizo ,. Nni,. o&
Ba!uio, ?<D SC(A C#% ("###)
La Consolacion Colle!e ,.
9L(C, ?DD SC(A 44D (4<<")
Chian! Uai Shec1 Colle!e
,. Court o& Aeals, C?% SC(A "%" (4<<C)
I. Ter,$na$on o- E,p#o5,en
". Co,era!e, Art. 4%$= Boo1 :', (ule ", Sec. "
4. Securit/ o& Tenure, Art 4%#= 4%% (b)
a. 9atureE(ationale
Llosa Tan ,. Silahis
'nternatioinal *otel, "$" SC(A %?$ ("##<)
Sonza ,. ABS-CB9
Broadcastin! Cor., C?" SC(A ?$" (4<<C)
Fetro E/e Securit/, 'nc. ,.
Julie :. Solsona, .( 9o. "D%D?%, Set. 4$, 4<<%
b. Co,era!e
Laba3o ,. Ale3andro, "DA SC(A
%C% ("#$$)
S1ihworld Fana!ement and
mar1etin! Cororation ,. 9L(C, "$D SC(A CDA ("##<)
'nterorient Faritime
Enterrises 'nc. ,. 9L(C, 4?A SC(A 4D$ ("##C)
c. Fana!ement Prero!ati,e
Philiine American Li&e ) .eneral
'nsurance Co. ,. .ramaze, CC4 SC(A 4%C (4<<C)
d. (e@uisites &or Law&ul 5ismissal
Peretual *el Credit Cor., 'nc. ,.
Maburada, supra
e. Burden o& Proo&
Azcor Fanu&acturin! ,. 9L(C, ?<?
SC(A 4D ("###)
Cha,ez ,. 9L(C, supra
&. Feasure o& Penalt/
Marrol ,. Court o& Aeals, C?A
SC(A AC? (4<<<)
:aliao ,. Court o& Aeals, C?A
SC(A AC? (4<<C)
Etcuban ,. Sulicio Lines, 'nc.
CC$ SC(A A"D (4<<A)
!. Mactors
Associated Labor Nnion ,.
9L(C, ?<4 SC(A %<$ ("###)
Philiine Lon! distance
Telehone C. 'nc. ,. 9L(C, ?<? SC(A # ("###)
?. Termination o& Emlo/ment b/ Emlo/ee
a. (esi!nation
Cheni,er 5eco Print ,. 9L(C,
?4A SC(A %A$ (4<<<)
China Ban1in! Cor. ,.
Borromeo, supra
2illi *ahn Enterrises ,.
Fa!hu/o, CC% SC(A ?C# (4<<C)
BF. (ecords (Phils.), 'nc. et al.
,. Aida C. Aarecio, et al., .( "A?4#<, Set. A, 4<<%
") Just Causes, Art. 4$A (b)
4) 2ithout Just Cause Q (e@uisites, Art. 4$A (a)=
Const. Art. ''', Sec. "$ (4)
Pascua ,. 9L(C, 4$% SC(A
AAC ("##$)
Azcor ,. 9L(C, supra
Phil. 2ireless 'nc. ,. 9L(C,
?"< SC(A DA? ("###)
A Prime Securit/ Ser,ices,
'nc. ,. 9L(C, supra
b. Per&ormance o& Filitar/ or Ci,ic dut/, Art.
4$D, Boo1 :', (ule ', Sec. "4
C. Termination o& Emlo/ment b/ Emlo/er
a. Basis o& (i!ht and (e@uirements, Arts.
4$4-4$C= 4%% (b)
") Basis
PL5T ,. Tolentino, C?$ SC(A
AAA (4<<C)
4) Substanti,e and Procedural 5ue Process
Philiine 9ational Ban1 ,.
Cabana!, CD< SC(A A"C (4<<A)
5uman E Labor ' E Pro&. Battad E Pa!e "AC
LAB+( LA2 " (E:'E2E(
b. Just Causes Q Substanti,e 5ue Process
") Serious FisconductE2ill&ul
5isobedience ('nsubordination)
:aliao ,. Court o& Aeals,
supra
:illamor .ol& Club ,. Phil,
C%4 SC(A ?D (4<<A)
Coca-Cola Bottlers, Phil.,
'nc. ,. Uaisanan n! Fala/an! Fan!!a!awa sa Coca-
Cola, CA4 SC(A C$< (4<<A)
( Transort Cor. ,.
E3aneira, C4$ SC(A %4A (4<<C)
Ficro Sales +eration
9etwor1 ,. 9L(C, C%4 SC(A ?4$ (4<<A)
4) .ross and *abitual 9e!lect o&
5uties
Cebu Mil,eneer
Cororation ,. 9L(C, 4$D SC(A AAD ("##$)
(e/es ,. Fa0ims Tea
*ouse, ?#$ SC(A 4$$ (4<<?)
Chua ,. 9L(C, CA? SC(A
4CC (4<<A)
?) Mraud or 2ill&ul Breach o& Trust
Santos ,. San Fi!uel
Cor., ?## SC(A "%4 (4<<?)
5ela Cruz , 9L(C, C"D
SC(A 44D (4<<?)
Phil. 9ational Construction
Cor. ,. Fatias, ?#A SC(A %4< (4<<?)
C) Commission o& Crime, Art. 4$4 (d)
Sama!uita .arments
Cororation ,. 9L(C, 4?? SC(A 4D< ("##C)
A) Analo!ous, Art. 4$4 (e)
Cathedral School o&
Technolo!/ ,. 9L(C, 4"C SC(A AA", AA# ("##4)

D) +thers Q Just Causes Claimed b/
Emlo/er
a) Abandonment
9ue,a Eci3a Electric
Cooerati,e ,. 9L(C, CD" SC(A"D# (4<<A)
Cha,ez ,. 9L(C,
supra
Mloren *otel ,. 9L(C,
CAD SC(A "4$ (4<<A)
b) Courtes/ (esi!nation
Baton!bacal ,.
Associated Ban1, "D$ SC(A D<< ("#$$)
c) Chan!e o& +wnershi
Fanlimos ,. 9L(C,
4C4 SC(A "CA ("##A)
d) *abitual Absenteeism
Nnion Fotor Cor. ,.
9L(C, CCA SC(A D$? (4<<C)
e) Mi0ed-Term Emlo/ment
Fa!salin ,. 9ational
+r!anization o& 2or1in! Fen, supra
&) Past o;enses
La Carlota Planters
Assn. ,. 9L(C, 4#$ SC(A 4A4 ("##$)
(amoran ,. Jardine
CF., 'nc. ?4D SC(A 4<$ (4<<<)
!) *abitual 'n&ractions
.ustilo ,. 2/eth Phil.,
'nc., CC< SC(A D% (4<<C)
h) 'mmoralit/
Santos ,. 9L(C, 4$%
SC(A ""% ("##$)
i) Con,iction o& Crime
Sama!uita
.arments Cor. ,. 9L(C, 4?? SC(A 4D< "##C)
3) Puali6cation (e@uirements
Lanzaderas ,.
Ameth/st Securit/ ) .eneral Ser,ices, 'nc., supra
%) Constructi,e 5ismissal
Philiine American
Li&e ,. .rama3e, CC4 SC(A 4%C (4<<?)
5in!lasan ,. Atienza,
C?? SC(A 4D? (4<<C)
5usit *otel 9i11o ,.
9ational Nnion in *otel, (estaurant and Allied
'ndustires, CDD SC(A ?%C (4<<A)
An!elina Mrancisco ,.
9L(C, et al., supra
$) Trans&er
+SS Securit/ and Allied
Ser,ices 'nc. ,. 9L(C, ?4A SC(A "A% (4<<<)
Lanzaderas ,. Ameth/st
Securit/ and .eneral Ser,ices, 'nc., supra
Fendoza ,, (ural Ban1,
etc., C?? SC(A %AD (4<<C)
#) Promotion
Phil. Tele!rah ) Telehone
Cor. ,. Court o& Aeals, C"4 SC(A 4D? (4<<?)
"<) Pre,enti,e Susension
Philiine Airlines, 'nc. ,.
9L(C, 4#4 SC(A C< ("##$)
"") (esidenc/ Trainin!
Meli0 ,. Buenaseda, 4C< SC(A
"?# ("##A)
c. Substanti,e (e@uirements Q Business
(elated Causes, Art. 4$?
-1 Basis
Ed!e Aarel 'nc. ,. 9L(C, 4$D
SC(A ?<4 ("##$)
5uman E Labor ' E Pro&. Battad E Pa!e "AA
LAB+( LA2 " (E:'E2E(
.1 Business (elated or Authorized
Causes
a) 'nstallation o& Labor Sa,in! 5e,ices, Art. 4$?
Comle0 Electronics
Emlo/ees Assn. ,. 9L(C, ?"< SC(A C<? ("###)
b) (etrenchment to Pre,ent Losses, Art. 4$?
Asian Alcohol Cor. ,. 9L(C, ?<A
SC(A C"A ("###)
95C-.uthrie Plantations, 'nc. ,.
9L(C, ?D4 SC(A C"D.(4<<")
Comosite Enterrises, 'nc. ,.
Emilio F. Caaroso, et al., .( 9o. "A##"#, Au!. $,
4<<%
c) (edundanc/, Art. 4$?
Asu&rin ,. San Fi!uel Cor., C4A
SC(A 4%< (4<<C)
.olden Tread Unittin! 'ndustries,
'nc. ,. 9L(C, ?<C SC(A AD$
Loez Su!ar Cor. ,. Mranco, CA$
SC(A A"A (4<<A)
d) Closure o& Business, Art. 4$?
Fac Adams Fetal
En!ineerin! 2or1ers Nnion-'ndeendent ,. Fac
Adams Fetal En!ineerin!, C"C SC(A C"" (4<<?)
SSS ,. *on. Cha,es, CC<
SC(A 4D# (4<<C)
FE-S*N(9 Cororation ,.
FE-S*N(9 2or1ers Nnion-MSF, CC$ SC(A C" (4<<A)
e) Temorar/ Closure, Art. 4$D
:aldez ,. 9L(C, 4$D SC(A
$% ("##$)
41 5isease, Art 4$C
:icente S/ ,. Court o&
Aeals, supra
d. Procedural (e@uirements, Art. 4%% (b)= Boo1
:', (ule ', Secs. "-? +mnibus (ules
") 'n .eneralELiabilit/ &or 9on-Comliance with
Procedural (e@uirements
Serrano ,. 9L(C, ?4?
SC(A CCA (4<<<)
Santos ,. San Fi!uel
Cor., supra
A!abon ,. 9L(C, supra
4) (i!ht to Counsel
Salaw ,. 9L(C, 4<4 SC(A
%, "4-"A ("##")
?) 9otice
A!abon ,. 9L(C, supra
Cain!at ,. 9L(C, CA?
SC(A "C4 (4<<A)
01 *earin!
a) *earin!
Perme0, 'nc. ,. 9L(C, ?4?
SC(A "4" (4<<<)
Arboleda ,. 9L(C, ?<?
SC(A ?# ("###)
b) Nse o& Position Paer
Shoes Fanila, 'nc. ,.
9L(C, C"# SC(A ?AC (4<<C)
/1 5ecisionEAward Q Const., Art. :''',
Sec. "C
Pesi-Cola Products Phil.,
'nc. ,. Court o& Aeals, CC? SC(A A$< (4<<C)
31 Burden o& Proo&
E@uitable PC'Ban1 ,.
Ca!uioa, CDD SC(A DA$ (4<<A)
61 5e!ree o& Proo&ESubstantial
E,idence
Philtread Tire ) Tubber
Cor. ,. :icente, CC" SC(A A%C (4<<C)
Etcuban ,. Sulicio Lines,
'nc., supra
>1 Prescrition
Sal,ador ,. Phil. Finin!
ser,ice Cor., ?#A SC(A %4# (4<<?)
81 5ismissal o& Case, Purel/ on
Technical .round
Puintano ,. 9L(C, CCD
SC(A "#A (4<<C)
-71 Criminal Cases
Puiambao ,. 9L(C, 4AC
SC(A 4"" ("##D)
A. (elie&sE(emedies in 'lle!al 5ismissal, Art.
4%#= 44?
a. 'n .eneral= Twin (emedies
9ue,a Eci3a Electric
Cooerati,e ,. 9L(C, supra
Ft. Carmel Colle!e ,.
Jocel/n (esuena, et al., .( 9o. "%?<%D, +ctober "<,
4<<%
Lorenzo Fa. 5... A!uilar
,. Bur!er Fachine *oldin!s Cor., et al., .( "%4<D4,
Meb. 4", 4<<%
") (einstatement
a) 5e6nition
P9+C-E5C, et al. ,. Abella,
CC$ SC(A AC# (4<<A)
Pheschem 'ndustrial Cor.
,. Foldez, CA$ SC(A ??# (4<<A)
b) E;ect o& Mailure to As1 (elie&
Pheschem 'ndustrial Cor.
,. Foldez, supra
c) E0cetions
5uman E Labor ' E Pro&. Battad E Pa!e "AD
LAB+( LA2 " (E:'E2E(
i) Closure o& Business
ii) Economic Business Conditions
Nnion o& Suer,isors ((B)
9ATN, etc. ,. Sec. o& Labor, "4$ SC(A CC4 ("#$C)
iii) Emlo/eeIs Nnsuitabilit/
5i,ine 2ord *i!h School ,.
9L(C, "C? SC(A ?CD ("#$D)
i,) Emlo/eeIs (etirementE+,era!e
Ese3o ,. 9L(C, 4AA SC(A
C?< ("##D)
,) Antiath/ and Anta!onism Q
Strained (elations
Acesite Cor. ,. 9L(C, CC#
SC(A ?D< (4<<A)
BP' Emlo/ees Nnion ,.
BP', CAC SC(A ?A% (4<<A)
Sa!um ,. Court o&
Aeals, CA# SC(A 44? (4<<A)
,i) 9ot Measible
Bustamante ,. 9L(C, 4DA SC(A
" ("##D)
c) +;er to (einstate
(anara ,. 9L(C, 4"4 SC(A D?"
("##4)
4) Bac1wa!es
a) E;ect o& Mailure to Claim
5e La Cruz ,. 9L(C,
4## SC(A " ("##$)
b) E;ect o& Mailure to +rder
Aurora Land etc. ,. 9L(C, 4"4
SC(A C$ ("##%)
St. FichaelIs 'nst. ,. Santos,
?%" SC(A ?$? (4<<")
b) Comutation
Fercur/ 5ru! Co. 'nc. ,. C'(,
AD SC(A D#C ("#%C)
Bustamante ,. 9L(C, supra
Torres ,. 9L(C, ??< SC(A ?""
(4<<<)
Ua/ Products, 'nc. ,. CACDC
SC(A ACC (4<<A)
Standard Electric
Fanu&acturin! Cor. ,. Standard Electric Emlo/ees
Nnion, CD$ SC(A ?"D (4<<A)
BP' Emlo/ees Nnion ,. BP',
supra
c) Mrin!e Bene6t
Aurora Land etc. ,. 9L(C,
supra
b. 5ama!es
Colle!io de San Juan de Letran-
Calamba ,. :illas, ?## SC(A AA< (4<<?)
Tolosa ,. 9L(C, C<" SC(A ?#"
(4<<?)
Fa!uilin! ,. Phil. Tuberculosis
Societ/, 'nc. CA< SC(A CDA (4<<A)
Acesite Cor ,. 9L(C, supra
Sa!um ,. Court o& Aeals,
CA# SC(A 44? (4<<A)
Central Luzon Con&erence ,.
CA, CDD SC(A %"" (<C)

c. Searation Pa/
") 2hen Q As Alternati,e
Coca-Cola Bottlers Phils. 'nc. ,.
:ital, C?$ SC(A 4%$ (4<<C)
9ational Mederation o& Labor ,.
Court o& Aeals, CC< SC(A D<C (4<<C)
Etcuban Jr. ,. Sulicio Lines,
'nc., supra
Comosite enterrises, 'nc. ,.
Emilio F. Caaroso, et al., supra
4) ComutationE(ationale
Business 5a/ 'n&ormation
S/stems and Ser,ices, 'nc. ,. 9L(C, 44" SC(A #
("##?)
Fillares ,. 9L(C, ?<A SC(A
A<< ("###)
?) E;ect o& (eceit
Arino ,. 9L(C, 4#< SC(A
C$# ("##$)
c. Minancial Assistance
") 2hen Allowed
Philiine Lon! 5istance
Telehone Co. ,. 9L(C, "DC SC(A D%" ("#$$)
Pinero ,. 9L(C, C?% SC(A
""4 (4<<C)
4) 2hen 9ot Allowed
Phil. Construction Cor. ,.
9L(C, "%< SC(A 4<% ("#$#)
Chua ,. 9L(C, 4"$ SC(A
ACA ("##?)
e. 'ndemnit/
Arms Ta0i ,. 9L(C, supra
Serrano ,. 9L(C, supra
&. Liabilit/ o& Cororate +Bcers
Acesite Cor. ,. 9L(C,
supra
%. Re$re,en, Art. 4$%= Boo1 :', (ule '',
+mnibus (ules= (A 9o. %DC"= (A 9o. $AA$ ("##$) =
Labor Ad,isor/ on (etirement Pa/ (+ct. "###)
". (etirement
a. T/es o& (etirement Plan
PAL ,. Airline PilotsI
Association o& the Phil., ?%? SC(A ?<4 (4<<4)
9a!uit ,. 9L(C, C<$ SC(A
D"% (4<<?)
5uman E Labor ' E Pro&. Battad E Pa!e "A%
LAB+( LA2 " (E:'E2E(
Sta. Catalina Colle!e ,.
9L(C, C"D SC(A 4?? (4<<?)
.erlach ,. (euters Ltd.,
Phil. CC$ SC(A A?A (4<<A)
") Basis
.amo!amo ,. P9+C
shiin! and Transort Cor., ?$" SC(A %C4 (4<<4)
4) 'nterretation
Loez ,. 9ational Steel
Cor., C4? SC(A "<# (4<<C)
Solomon ,. Association o&
'nternational Shiin! Lines, 'nc., CA% SC(A 4AC
(4<<A)
C) Eli!ibilit/
Brion ,. South Phil. Nnion
Fission o& the Se,enth 5a/ Ad,entist Church, ?<%
SC(A C#% ("###)
RE)INDERS:
1. :oluntar/ recitation will be !raded
!enerousl/. The ro&essor howe,er reser,es the
ri!ht to call on students &or recitation.
/. The 4<T rule on absences will be strictl/
obser,ed. Three times o& tardiness will be
considered absent. All those who come between "A
to ?< minutes a&ter the class will be mar1ed JlateR=
a&ter ?< mins, JabsentR.
0. 9o ma1e-u mid-term e0amination will be
!i,en.
REIUIRE)ENT:
AttendanceE(ecitationEAssi!ned 2or1 -
?<T
Fid-Term E0amination -
?<T
Minal E0amination -
?<T
5uman E Labor ' E Pro&. Battad E Pa!e "A$