Apprentices
To qualify, an applicant must
be at least 15 years of age;
Only employers in a highly-
technical industries may
employ apprent ices and only
in apprenticeable occupations
Apprenticeable occupation
requires more than 3 months
of practical training on the job
supplemented by related
theoretical instructions
GR: Apprenticeship program
primarily a voluntary
undertaking
EXC: compulsory
1. National security and
demands of economic
development
2. When services of foreign
technicians are utilized
Coverage Any duly registered
establishment with 10 or more
regular workers is qualified to
join an apprenticeship program
T/N: No. of apprentices must
not exceed 20% of its regular
work force
TESDA approves
apprenticeship program
Duration of apprenticeship --
shall not exceed 6 months
Wage of apprentice shall not
be less than 75% of the
statutory minimum wage;
Incentive to ER:
Tax Deduction of 1/2 of the
value of the labor training
expenses incurred which shall
not exceed 10% of the direct
labor wage
Learners
Trainees in semi-skilled and other Magna Carta for Persons with Disability
industrial occupations which are
non-apprenticeable;
When learners may be hired:
1. When no experienced workers
are available;
2. The employment of learners is
necessary to prevent curtailment of
employment opportunities;
3. The employment does not create
unfair competition in terms of labor
costs or impair or lower working
standards
Learnership agreement must be
approved by the DOLE
Duration not to exceed 3 months
Wage of learner shall not be less
than 75% of the statutory minimum
wage
Commitment by employer to
employ learners if they so desire as
regular employees upon completion
of the learnership
Persons with Disability
Role of women in nation-building
May be employed when their
employment
1. Is necessary to prevent
curtailment of employment
opportunities;
2. When it does not create
unfair competition or impair
working standards;
5% of all casual emergency and
contractual workers in government
agencies engaged in social
development shall be reserved for
disabled persons;
Eligible for apprenticeship or
learnership if
1. Their handicap does not
impede the performance of
the job; and
2. After the lapse of the period
for apprenticeship or
learnership, they may be
eligible for employment;
Special discounts granted by
certain establishments to disabled
persons entitles said establishment
to a tax deduction based on the
net cost of goods or services sold
Incentives:
1. For those who employ PWDs
Additional deduction from
gross income of 25% of the
total amount paid as salaries
or wages;
2. For those who improve or
modify their facilities to
accommodate PWDs
Additional deduction from
net taxable income of 50% of
the direct cost of
improvement;
Women Employees
Equality of women and men before the law
Under the Labor Code:
Facilities for women (Article 132, LC)
1. Provide seats
*Permit them to use such seats when they are free from work during
working hours, provided they can perform their duties in this position
without detriment to efficiency;
2. Separate toilets and lavatories for men and women
3. Dressing room for women
4. Nursery in the workplace
5. Determination of the minimum age or standards for retirement and
other benefits in special occupations such as those of flight
attendants and the like;
Prohibition against Discrimination (Art. 135, LC)
*It shall be unlawful for any employer to discriminate against any
woman employee with respect to terms and conditions of
employment, solely on account of her sex.
* The following are deemed acts of discrimination:
1. Payment of lesser compensation ton a female employee
as against a male employee for work of equal value;
2. favouring a male employee over a female employee
with respect to promotion, training opportunities, study
and scholarship grants solely on account of their sexes.
Stipulation Against Marriage (Article 136, LC)
*It is unlawful for any employer
1. to require as a condition of employment or
continuation of employment that a woman employee shall
not get married;
2. to stipulate, expressly or tacitly, that upon getting
married, a woman employee shall be deemed resigned or
separated; or
3. to actually dismiss, discharge, discriminate or otherwise
prejudice a woman employee by reason of her marriage.
T/N:
Policy prohibiting marital relationships among employees within
the same company struck down as invalid for violating the
Reasonable Business Necessity Rule (Star Paper v. Simbol,
Comia and Estrella)
Stipulation against martial relationships with employees of
competitor companies on the ground of conflict of interest was
held valid (Duncan vs. Glaxo Welcome Philippines, Inc.)

No ER-EE relationship between
employer and apprentice
No commitment after
termination of apprenticeship
program
There must be an
apprenticeship agreement
Prohibition against qualified
Persons with disability concerning
terms and conditions of
employment.
Prohibited Acts (Article 137, LC)
It shall be unlawful for any employer
1. To deny any woman employee the benefits provided or to
discharge any woman employee for the purpose of preventing
her from enjoying any of the benefits provided under the Labor
Code;
2. To discharge such woman on account of her pregnancy, or
while on leave or in confinement due to her pregnancy;
3. To discharge or refuse the admission of such woman upon
returning to her work for fear that she may again be pregnant.
Women working in night clubs, etc. (Art. 138, LC) considered employees of
such establishment if
1. Under effective control or supervision of the employer;
2. For a substantial period of time.
3. Regardless of any compensation received
Maternity leave benefits
Under the SSS Law
Amount: 100% of the woman employees salary, allowance and other
benefits
Duration:
60 days normal delivery
78 days caesarean delivery
Requisites:
1. Has paid at least 3 monthly contributions within the 12 months
preceding the semester of her childbirth or miscarriage; and
2. Currently employed
Regardless of civil status
VAWC Leave (RA 9262) paid leave of absence up to 10 days in addition
to other paid leaves under other laws; extendible
Mail Order Brides (RA 6955)
Women in development and nation building (RA 7192);
Anti-Sexual Harassment Act (RA 7877) applies to both men and women
employees
Specific acts penalized: sexual harassment that is
1. Work-related;
2. Education-related; or
3. Training-related
Elements of work-related sexual harassment:
 1. Committed by one who has authority, influence or moral ascendancy
over another in a work environment who;

N.B. If committed by one who does not exercise moral ascendancy

over another, the same constitutes sexual misconduct.

2. Demands/Requests for a sexual favour, regardless of whether such

demand is accepted by the object of said act The sexual favour is
made a condition in the hiring or in the employment, reemployment
or continued employment of said individual or in the granting of
favourable compensation, etc. or the refusal to grant the sexual
favour results in discrimination or deprivation or diminishment of
employment opportunities or otherwise adversely affect said
employee;
3. The above acts would impair the employees rights or privileges
under existing laws; or
4. The above acts would result in an intimidating, hostile or offensive
environment for the employee.

Duty of the employer or head of office:

1. To promulgate appropriate rules and regulations prescribing the
procedure for investigation of sexual harassment cases and the
administrative sanctions therefore including guidelines on the proper
decorum in the workplace;
2. To create a committee on decorum and investigation of cases on
sexual harassment.

Migrant Workers Act (RA 8042)

1. Gender-sensitive programs and activities
2. A member of the POEA and OWWA Boards shall come from the
women sector

Special Leave Benefits under the Magna Carta Act for Women:
Benefit: Paid special leave of 2 months with full pay based on her
gross monthly compensation;
For surgery caused by gynaecological disorders as certified by a
competent physician
Provided she has rendered at least 6 months continuous aggregate
service for the last 12 months prior to surgery;
Non-cumulative and non-convertible to cash
Certification of competent physician as to the required period of
recuperation is controlling
May be availed of for every instance of surgery due to gynaecological
disorder for a maximum of 2 months per year;
In addition or on top of other statutory leave benefits;
If woman employee had undergone surgery due to gynaecological
disorder during her maternity leave, she is only entitled to the
difference between the Special Leave Benefit and Maternity Leave
Benefit;
 Expanded Breastfeeding Promotion Act of 2009
Nursing employees entitled to break intervals in addition to their
regular time-off for meals
Purpose: To breastfeed or express milk
Considered compensable working hours
Not less than 40 minutes for every 8 hr. working period
 Nursing Employees Children Night Workers

Expanded Breastfeeding Act of 2009 GR: No child below 15 years of age shall be employed. Night worker one performs work which covers the period from
EXC: 10PM to 6AM the following day PROVIDED that the worker
1. Definitions: 1. When a child works directly under the sole responsibility of performs no less than 7 consecutive hours of work;
Nursing employee his or her parents or legal guardians AND where only
Infant 0-12 months of age members of his or her family are employees; EXC:
Young child 12 months 1 day to 36 months of age 2. Where the childs participation in public entertainment is 1. Agriculture
Lactation station essential; 2. Stock raising
Conditions: 3. Fishing
2. Establishment of lactation stations 1. The allowable number of hours of work mandated by the 4. Maritime transport
Must be adequately provided with the necessary law must be complied with; 5. Inland navigation
equipment and facilities 2. The employment does not endanger the childs life, safety,
Must not be near the toilet health and morals nor impair the childs normal Benefits:
development;
3. Exceptions to the establishment of lactation station if not 3. The child is provided with at least mandatory elementary or Health Assessment
feasible considering the following factors: secondary education; and
Number of women employees 4. must secure work permit from the DOLE At their request
Physical size of the establishment Without charge
Number of women who visit the establishment Hours of work: When available:
1. Before taking up an assignment as night worker;
4. Working Mother-Baby Friendly Certification Below 15 years of age 2. At regular intervals during such assignment; and
3. If they experience health problems during such
5. Incentive 20hrs per week; 4 hrs per day assignment which are not caused by factors
Deductible expenses for income tax purposes up to other than performance of night work
twice the actual amount incurred Not allowed to work between 8PM to 6AM the following Findings shall remain confidential except finding of
day unfitness for night work

15 but below 18 years of age Mandatory Facilities:

40 hrs per week; 8hrs per day
Not allowed to work between 10PM to 6AM the following
day
Working childs income:
Belongs to the child
Primarily for his or her benefit
Secondarily for the collective needs of the family (but not
more than 20% of the childs income)
Trust fund if childs income is at least 200K 30%
Prohibition against worst form of child labor
T/N: No child shall be employed as model in any advertisement
promoting alcoholic beverages, intoxicating drinks, tobacco and
its by-products, gambling and pornography;
DO No. 149, S. 2016 Guidelines in Assessing and Determining
Hazardous Work in the Employment of Persons Below 18 years
1. Suitable first-aid and emergency facilities
2. Lactation station
3. Separate toilet facilities for men and women
4. Facilities for eating with potable drinking water
5. Facilities for transportation and/or properly ventilated
temporary sleeping or resting quarters except where
any of the ff. circumstances is present:
a. Where there is an existing company guideline, practice
or policy, CBA or any similar arrangement providing
for an equivalent or superior benefit;
b. Where the start or end of the night work does not fall
within 12 midnight to 5 oclock in the morning;
c. Where the workplace is located in an area that is
accessible 24 hours to public transportation or
d. Where the number of employees does not exceed a
specified number as may be provided by the SOLE
Transfer
As certified by competent physician as unfit to render
night work due to health reasons
Transfer to equivalent position in good faith
If worker is certified unfit to render night work for a
 of Age continuous period of not less than 6 months the
worker shall be granted the same company benefits as
Classification of Hazardous Work: other workers who are unable to work due to illness;
If worker is certified as temporarily unfit for night
A) By Nature classification according to the circumstances under work for a period of less than 6 months same
which such work is being carried out; protection against dismissal or notice of dismissal as
other workers who are prevented from working for
B) By Industrial Classification health reasons
1. Mining and quarrying
2. Construction Alternative measures to night work for Pregnant and Nursing
3. Transportation and storage Employees:
4. Water supply, sewerage and waste management 1. Transfer to day work
5. Forestry and logging 2. Provision of social security benefits
6. Fishing and aquaculture 3. Extension of maternity leave where transfer to day
7. Hunting, trapping and related service activities; work is not possible; period of extension as
8. Security and investigation; recommended by a competent physician; extended
9. Manufacturing of alcoholic beverages, etc. maternity leave is without pay or using earned leave
credits of the worker, if any.
C) By Occupational Classification
1. Farmers and other plant growers Medical certificate issued by a competent physician is necessary
2. Animal producers for the grant of the following:
3. Physical science, life science and health associate
professionals a. Additional periods of assignment to day work during
4. Sales and services elementary occupations pregnancy or after childbirth which shall not be more
5. Personal and protective service workers than 4 weeks or for a longer period as may be agreed
6. Customer service clerks upon by EE and ER
7. Other craft and related trade workers b. Extension of maternity leave and
c. Clearance to render night work

Non-diminution of maternity leave benefits under existing laws

Protection against dismissal and loss of benefits attached to

employment status, seniority and access of promotion

Women Night Workers

Must not be below 18 years of age
Pregnant women and nursing mothers may be allowed
to work only upon certification by a competent
physician other than the company physician that
1. She is fit to render night work
2. Specify, in case of pregnant employees, the
period of pregnancy that they can safely work
 Domestic Workers Homeworkers Students and Working Scholars Non-Resident Aliens

Coverage: Industrial homeworker worker who No ER-EE relationship between working ALIEN EMPLOYMENT PERMIT (AEP)
1. General househelp is engaged in industrial homework scholars and school or university
2. Yaya Industrial homework Coverage:
3. Cook system of production under Special Program for Employment of 1. For NRAs who seek admission in the Philippines
4. Gardener which work is carried out by a Students (SPES) for employment purposes
5. Laundry person homeworker at his or her home Establishment employing at least 10 2. For ERs who desire to engage an alien for
6. Any person who regularly Different from factory work in workers may employ poor but deserving employment in the Philippines
performs domestic work in one that it is less supervised by the students
household on an occupational ER Allowable age: 15 to 25 years of age Pre-requisite: After determination of the non-availability of
basis Employer of a homeworker any Salary not less than the minimum wage a person in the Philippine who is competent, able and
person who: Students enrolled in secondary level may willing at the time of application to perform the services for
The following are not covered: 1. Delivers goods, articles or work only during Christmas and Summer which an alien is desired (Labor-market Test)
1. Service providers materials to be processed in or break
2. Family drivers about a home and thereafter to o Working days: 10-15 days Exemptions:
3. Children under foster family be returned or disposed of in Students enrolled in tertiary, vocational or
arrangement accordance with his direction; technical education 1. All members of the diplomatic service and
4. Any other person who performs 2. Sells any goods, articles, or o May work any time foreign government officials accredited by and
work occasionally or sporadically materials for the purpose of o 20-52 working days with reciprocity arrangement with the PH
and not on an occupational basis having such good, articles or government;
materials processed in or about Mode of payment of wages 2. Officers and staff of international organizations
Rights and Privileges of a Kasambahay: a home and repurchases them. 60% -- cash to be paid by ER of which the PH government is a member and
Homeworkers engaged in needle 40% -- education voucher by government their legitimate spouses desiring to work in the
1. Minimum wage work or registered cottage industry Philippines
P2500 NCR not covered by minimum wage Dual System Training Act (RA 7686) 3. All foreign nationals granted exemption by law;
P2000 chartered cities and first Right of homeworkers to form, join or 4. Owners and representatives of foreign principal
class municipalities assist labor organizations whose companies are accredited by the POEA,
P1,500 other municipalities No deduction for loss or damage who come to the Philippines for a limited period
Purpose: To enhance employability and
Paid in cash unless certain conditions are met and solely for the purpose of interviewing
productivity of TVET (Technical-Vocational
Paid at least once a month Shall be paid immediately after or Filipino applicants for employment abroad;
2. Daily rest period upon receipt of the processed goods Education and Training) graduates 5. Foreign nationals who come to the Philippines
Aggregate 8 hours daily by the ER or the contractor or equipping them with skills that are to teach, present and/or conduct research
Hours of work: 16 hours subcontractor as the case may be demanded at the workplace studies in universities and colleges as visiting,
3. Weekly rest period May be required to redo work Salient Feature: Dual Training exchange or adjunct professors under formal
Continuous aggregate period of 24 improperly executed without being agreements between the universities or the
Concept: Instructional delivery system of
hours in a week paid again Philippine government and the foreign
technical, vocational, education and
Workweek: 6 days Not entitled to payment for goods government: provided that the exemption is on a
which are returned without any work training (TVET) that combines in-plant and reciprocal basis;
4. Service Incentive Leave (SIL)
Must have rendered at least 1 performed therein due to the in-school training 6. Permanent resident foreign nationals and
year of service homeworkers fault Parties: probationary or temporary resident visa
5 days with pay Solidary liability of employer in case 1. Technical Vocational Institution (TVI) holders
non-cumulative and non- of non-payment of wages of 2. Establishment
contractors homeworkers Exclusions:
convertible to cash Components of Training Program
5. 13th month pay 1. In-School Training
Must have rendered at least 1 1. Members of the governing board with voting
2. In-Plant Training rights only and do not intervene in the
month of service
Training Plan variations management of the corporation or in the day to
1/12 of the basic salary earned in
day operation of the enterprise;
a calendar year
1. Block Release Scheme student trainees 2. Corporate officers as provided under the
6. Coverage under SSS, PhilHealth and
spend full time in school to finish 40% of Corporation Code of the Philippines, Articles of
Pag-Ibig laws
Incorporation and By-laws of the Corporation;
 Must have rendered at least 1 training and then deployed full-time in the 3. Those providing consultancy services who do
month of service establishment to complete 60% in-plant not have employers in the Philippines;
7. Freedom from employers interference training 4. Intra-corporate transferees who is a manager,
in the disposal of their wages executive or specialist and an employee of the
8. Standard Treatment foreign service supplier for at least 1 year prior
2. Day Release Scheme student trainees
9. Board, lodging and medical attendance to deployment to a branch, subsidiary, affiliate
spend 2 days weekly in the TVI and the rest
10. Right to privacy or representative office in the Philippines;
of the working week in the establishment
11. Access to outside communication 5. Contractual service supplier who is a manager,
During free time executive or specialist and an employee of a
Provision on Allowance
Even during work time in case of foreign service supplier which has no commercial
o At least 75% of the applicable presence in the Philippines:
emergency
12. Opportunity for minimum wage while on in-plant a. Who enters the PH temporarily to supply a
13. education and training training, to be paid by the service pursuant to a contract between
14. Right to form, join or assist labor establishment directly to the TVI as his/her employer and a service consumer
organizations contribution for training expenses in the Philippines;
15. Right to be provided with a copy of the o Daily Allowance at least 30% of the b. Must possess the appropriate educational
employment contract and professional qualifications; and
training allowance to be paid by TVI
16. Right to a certificate of employment c. Must be employed by the foreign service
to the student trainee to defray part
To be furnished within 5 days supplier for at least 1 year prior to the
from request of his daily expenses supply of service in the PH
17. Right to a copy of his or her pay slip
18. Right to terminate/pre-terminate Where to file application for AEP: Filed with the DOLE
employment Regional Office having jurisdiction over the intended place
19. Right to exercise their own religious of work
beliefs and cultural practices
20. Additional payment of wages in case Validity: 1 year unless the employment contract provide
detailed to duty outside household for otherwise which shall not exceed 3 years
a temporary period not exceeding 30
days Prohibition against transfer: Consent of DOLE Secretary
21. Right to be paid minimum wage in case required before NRA can transfer to another job or change
deployed to work in a commercial, his employer
industrial or agricultural undertaking
SPECIAL WORK PERMIT (SWP)
Obligations of a Kasambahay:
For NRAs who will be employed for less than 6
1. Treat all communications and months
information pertaining to the employer
and the household as privileged during PROVISIONAL PERMIT TO WORK (PPW)
and after employment;
2. Furnish the employer/ PEA the required For NRAs who intend to work in the country for a
pre-employment documents period of more than 6 months but not more than
3. Reimburse employer deployment 1 year.
expenses if service is terminated by
him or her within 6 months from 9(g) VISA
employment;
For NRAs who intend to work as pre-arranged
Rights and privileges of the Employer: employees
Valid for 3 years or coterminous with AEP
1. Require submission of pr-employment whichever is shorter
documents
2. To recover deployment expenses if SPECIAL VISA FRO EMPLOYMENT GENERATION (SVEG)
Kasambahay pre-terminates
 employment within 6 months Visa issued to qualified non-immigrant foreigners
3. To demand replacement who shall actually employ at least 10 Filipino
Within 1 month from the day the workers in a lawful and sustainable enterprise,
Kasambahay started working; trade or industry
Based on specified grounds;
Entitled to a refund of 75% of the Requires certificate of employment
fees paid to the PEA if the latter
failed to provide a qualified Employment of Foreign Nationals in the ECOZONE
replacement within 1 month from
request Shall not exceed 5% of its workforce unless
4. To terminate/pre-terminate authorized by SOLE
employment
May employ foreign nationals in executive,
Obligations of the Employer: supervisory, technical or advisory positions
1. Furnish Kasambahay copy of pay slip
2. Registration and enrolment in SSS, Training program for Filipino understudies
PhilHealth and Pag-Ibig
3. Prohibition against withholding of the
Kasambahays wages
4. Prohibition against interference in the
disposal of the Kasambahays wages
5. Deduction for loss or damage
6. Deposits for loss or damage
7. Prohibition against debt bondage
8. Solidarily liable with PEA (if
employment of Kasambahay was
coursed through PEA) for all wages,
wage-related benefits and other
benefits due a domestic worker
 Senior Citizens Academic and Non-Academic Personnel Drivers and Conductors

Resident citizens of the Philippines at least 60 years of Academic personnel Part-fixed, part performance based compensation scheme
age Academic support personnel
Non-academic personnel 1. Fixed component -- based on the amount mutually agreed upon
Information and matching services for senior citizens which shall take into account
who have the capacity and desire to work or be re- GR: All private higher education institutions shall employ full- a. The minimum ridership requirement
employed time faculty or academic personnel consistent with the levels b. In no case shall be lower than the applicable minimum wage
of instructions
Incentive for private entities who will employ senior 2. Performance- based component based on safety performance
citizens: Qualifications to be considered a full-time academic and business performance such as
personnel: a. Ridership
Additional deduction from gross income b. Revenue/profitability
Rate: 15% of the total amount paid as salaries and 1. Possesses at least the minimum academic qualifications c. Other related parameters
wages to senior citizens 2. Paid monthly or hourly based on the regular teaching
Requisites: loads Hours of work: shall not exceed 8 hours
1. Employment shall continue for at least 6 3. Devotes not less than 8 hours of work a day to the school
months 4. Have no other remunerative occupation elsewhere Overtime work:
2. Annual income of the senior citizen does not requiring hours of work except when permitted by the
exceed the latest poverty threshold higher education institution The maximum hours of work shall not exceed 12 hours in any
5. Teaching full-time in any other higher education 24-hour period;
institutions
The driver/conductor shall be entitled to rest periods of at
Who are considered part-time academic personnel? least 1 hour, exclusive of meal breaks, within a 12-hour shift

1. All faculty or academic personnel who do not meet the

foregoing qualifications
2. All faculty or academic personnel who are at the same
time holding positions in the government, whether
appointive or elective except when permitted by the
higher education institution

Regular teaching load the actual teaching or classroom

hours of which a teacher can generally perform in less than 8
hours per working day

Overload work any additional work a teacher may perform

such as handling an advisory class, preparation of lesson plans
and other related activities

T/N: Overload Work shall be considered part of the basic pay.