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PROVISIONS REVIEWER Section 3.

The State shall promote the principle of shared


responsibility between workers and employers and the
GENERAL PRINCIPLES preferential use of voluntary modes in settling disputes,
Social Justice including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES The State shall regulate the relations between workers and
PRINCIPLES employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
Section 10. The State shall promote social justice in all phases returns to investments, and to expansion and growth.
of national development.
Classification of Employees
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS Section 1. Guiding principles. Contracting and subcontracting
arrangements are expressly allowed by law and are subject to
Section 1. The Congress shall give highest priority to the regulations for the promotion of employment and the
enactment of measures that protect and enhance the right of all observance of the rights of workers to just and humane
the people to human dignity, reduce social, economic, and conditions of work, security of tenure, self-organization and
political inequalities, and remove cultural inequities by collective bargaining. Labor-only contracting as defined herein
equitably diffusing wealth and political power for the common shall be prohibited.
good.
Section 2. Coverage. These Rules shall apply to all parties of
To this end, the State shall regulate the acquisition, ownership, contracting and subcontracting arrangements where employer-
use, and disposition of property and its increments. employee relationships exist. It shall also apply to cooperatives
engaging in contracting or subcontracting arrangements.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on Contractors and subcontractors referred to in these Rules are
freedom of initiative and self-reliance. prohibited from engaging in recruitment and placement
activities as defined in Article 13(b) of the Labor Code, whether
for local or overseas employment.
Industrial Peace

Section 3. Definition of terms. The following terms as used in


LABOR these Rules, shall mean:

Section 3. The State shall afford full protection to labor, local


(a) Bond/s refers to the bond under Article 108 of the Labor
and overseas, organized and unorganized, and promote full Code that the principal may require from the contractor to be
employment and equality of employment opportunities for all.
posted equal to the cost of labor under contract. The same may
also refer to the security or guarantee posted by the principal
It shall guarantee the rights of all workers to self-organization, for the payment of the services of the contractors under the
collective bargaining and negotiations, and peaceful concerted Service Agreement.
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane conditions
(b) Cabo refers to a person or group of persons or to a labor
of work, and a living wage. They shall also participate in group which, in the guise of a labor organization, cooperative
policy and decision-making processes affecting their rights and
or any entity, supplies workers to an employer, with or
benefits as may be provided by law. without any monetary or other consideration, whether in the
capacity of an agent of the employer or as an ostensible
The State shall promote the principle of shared responsibility independent contractor.
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation,
(c) Contracting or Subcontracting refers to an
and shall enforce their mutual compliance therewith to foster arrangement whereby a principal agrees to put out or farm out
industrial peace.
with a contractor the performance or completion of a specific
job, work or service within a definite or predetermined period,
The State shall regulate the relations between workers and regardless of whether such job, work or service is to be
employers, recognizing the right of labor to its just share in the performed or completed within or outside the premises of the
fruits of production and the right of enterprises to reasonable principal.
returns to investments, and to expansion and growth.
(d) Contractor refers to any person or entity, including a
Management Prerogative cooperative, engaged in a legitimate contracting or
subcontracting arrangement providing either services, skilled
workers, temporary workers, or a combination of services to a
Section 20. The State recognizes the indispensable role of the principal under a Service Agreement.
private sector, encourages private enterprise, and provides
incentives to needed investments.
(e) Contractors employee includes one employed by a REGULATION OF THE PROCUREMENT ACTIVITIES OF
contractor to perform THE GOVERNMENT AND FOR OTHER PURPOSES.
or complete a job, work, or service pursuant to a Service
Agreement with a principal. (m) Trilateral Relationship refers to the relationship in a
contracting or subcontracting arrangement where there is a
It shall also refer to regular employees of the contractor whose contract for a specific job, work or service between the
functions are not dependent on the performance or completion principal and the contractor, and a contract of employment
of a specific job, work or service within a definite period of between the contractor and its workers. There are three (3)
time, i.e., administrative staff. parties involved in these arrangements: the principal who
decides to farm out a job, work or service to a contractor; the
(f) In-house agency refers to a contractor which is owned, contractor who has the capacity to independently undertake
managed, or controlled directly or indirectly by the principal the performance of the job, work or service; and the
or one where the principal owns/represents any share of stock, contractual workers engaged by the contractor to accomplish
and which operates solely or mainly for the principal. the job, work or service.

(g) Net Financial Contracting Capacity (NFCC)1 refers to Section 4. Legitimate contracting or
the formula to determine the financial capacity of the subcontracting. Contracting or subcontracting shall be
contractor to carry out the job, work or services sought to be legitimate if all the following circumstances concur:
undertaken under a Service Agreement. NFCC is current assets
minus current liabilities multiplied by K, which stands for (a) The contractor must be registered in accordance with these
contract duration equivalent to: 10 for one year or less; 15 for Rules and carries a distinct and independent business and
more than one (1) year up to two (2) years; and 20 for more undertakes to perform the job, work or service on its own
than two (2) years, minus the value of all outstanding or responsibility, according to its own manner and method, and
ongoing projects including contracts to be started. free from control and direction of the principal in all matters
connected with the performance of the work except as to the
(h) Principal refers to any employer, whether a person or results thereof;
entity, including government agencies and government-owned
and controlled-corporations, who/which puts out or farms out (b) The contractor has substantial capital and/or investment;
a job, service or work to a contractor. and

(i) Right to control refers to the right reserved to the person (c) The Service Agreement ensures compliance with all the
for whom the services of the contractual workers are rights and benefits under Labor Laws.
performed, to determine not only the end to be achieved, but
also the manner and means to be used in reaching that end. Section 5. Trilateral relationship in contracting arrangements;
Solidary liability. In legitimate contracting or subcontracting
(j) Service Agreement refers to the contract between the arrangement there exists:
principal and contractor containing the terms and conditions
governing the performance or completion of a specific job, (a) An employer-employee relationship between the contractor
work or service being farmed out for a definite or and the employees it engaged to perform the specific job, work
predetermined period. or service being contracted; and

(k) Solidary liability refers to the liability of the principal, (b) A contractual relationship between the principal and the
pursuant to the provision of Article 109 of the Labor Code, as contractor as governed by the provisions of the Civil Code.
direct employer together with the contractor for any violation
of any provision of the Labor Code.
In the event of any violation of any provision of the Labor
Code, including the failure to pay wages, there exists a
It also refers to the liability of the principal, in the same solidary liability on the part of the principal and the contractor
manner and extent that he/she is liable to his/her direct for purposes of enforcing the provisions of the Labor Code and
employees, to the extent of the work performed under the other social legislation, to the extent of the work performed
contract when the contractor fails to pay the wages of his/her under the employment contract.
employees, as provided in Article 106 of the Labor Code, as
amended.
However, the principal shall be deemed the direct employer of
the contractors employee in cases where there is a finding by a
(l) Substantial capital refers to paid-up capital stocks/shares competent authority of labor-only contracting, or commission
of at least Three Million Pesos (P3,000,000.00) in the case of of prohibited activities as provided in Section 7, or a violation
corporations, partnerships and cooperatives; in the case of of either Sections 8 or 9 hereof.
single proprietorship, a net worth of at least Three Million
Pesos (P3,000,000.00).
Regular Employee

IMPLEMENTING RULES AND REGULATIONS OF Art. 294. Security of Tenure In cases of regular employment,
REPUBLIC ACT NO. 9184, OR AN ACT PROVIDING FOR the employer shall not terminate the services of an employee
THE MODERNIZATION, STANDARDIZATION AND except for just cause or when authorized by this title. An
employee who is unjustly dismissed from work shall be
entitled to reinstatement without loss of seniority rights and
other privileges and to full backwages, inclusive of allowances, Management prerogative is generally exercised by
and to his other benefits or their monetary equivalent managers. Managerial employees are those vested with the
computed from the time his compensation was withheld from powers or prerogatives to lay down and execute management
him up to the time of his actual reinstatement. policies and/or to hire, transfer, suspend, lay-off, recall,
discharge, assign or discipline employees.
Probationary Employment
Special Workers
Art. 295. Regular and casual employment. The provisions of
written agreement to the contrary notwithstanding and Title II
regardless of the oral agreement of the parties, an employment TRAINING AND EMPLOYMENT OF SPECIAL WORKERS
shall be deemed to be regular where the employee has been
engaged to perform activities which are usually necessary or Chapter I
desirable in the usual business or trade of the employer, except APPRENTICES
where the employment has been fixed for a specific project or Art. 57. Statement of objectives. This Title aims:
undertaking the completion or termination of which has been 1. To help meet the demand of the economy for
determined at the time of the engagement of the employee or trained manpower;
where the work or service to be performed is seasonal in
nature and the employment is for the duration of the season. 2. To establish a national apprenticeship program
An employment shall be deemed to be casual if it is not through the participation of employers, workers and
covered by the preceding paragraph: Provided, That any government and non-government agencies; and
employee who has rendered at least one year of service,
whether such service is continuous or broken, shall be 3. To establish apprenticeship standards for the
considered a regular employee with respect to the activity in protection of apprentices.
which he is employed and his employment shall continue Art. 58. Definition of Terms. As used in this Title:
while such activity exists. 1. "Apprenticeship" means practical training on the
job supplemented by related theoretical instruction.
Managerial Employee
Managerial employees, if they meet all of the following 2. An "apprentice" is a worker who is covered by a
conditions: written apprenticeship agreement with an individual
employer or any of the entities recognized under this
(1) Their primary duty consists of the management of the Chapter.
establishment in which they are employed or of a
department or sub-division thereof. 3. An "apprenticeable occupation" means any trade,
(2) They customarily and regularly direct the work of form of employment or occupation which requires more
two or more employees therein. than three (3) months of practical training on the job
(3) They have the authority to hire or fire employees of supplemented by related theoretical instruction.
lower rank; or their suggestions and
recommendations as to hiring and firing and as to the 4. "Apprenticeship agreement" is an employment
promotion or any other change of status of other contract wherein the employer binds himself to train the
employees, are given particular weight. apprentice and the apprentice in turn accepts the terms of
(c) Officers or members of a managerial staff if they perform training.
the following duties and responsibilities: Art. 59. Qualifications of apprentice. To qualify as an
apprentice, a person shall:
(1) The primary duty consists of the performance of work 1. Be at least fourteen (14) years of age;
directly related to management policies of their
employer; 2. Possess vocational aptitude and capacity for
(2) Customarily and regularly exercise discretion and appropriate tests; and
independent judgment;
(3) (3) 3. Possess the ability to comprehend and follow
a. Regularly and directly assist a proprietor or oral and written instructions.
a managerial employee whose primary duty Trade and industry associations may recommend to the
consists of the management of the Secretary of Labor appropriate educational requirements for
establishment in which he is employed or different occupations.
subdivision thereof; or Art. 60. Employment of apprentices. Only employers in the
b. execute under general supervision work highly technical industries may employ apprentices and only
along specialized or technical lines requiring in apprenticeable occupations approved by the Secretary of
special training, experience, or knowledge; Labor and Employment. (As amended by Section 1, Executive
or Order No. 111, December 24, 1986)
c. execute, under general supervision, special Art. 61. Contents of apprenticeship
assignments and tasks; and agreements. Apprenticeship agreements, including the wage
(4) Who do not devote more than 20 percent of their rates of apprentices, shall conform to the rules issued by the
hours worked in a work week to activities which are Secretary of Labor and Employment. The period of
not directly and closely related to the performance of apprenticeship shall not exceed six months. Apprenticeship
the work described in paragraphs (1), (2) and (3) agreements providing for wage rates below the legal minimum
above.
wage, which in no case shall start below 75 percent of the Art. 68. Aptitude testing of applicants. Consonant with the
applicable minimum wage, may be entered into only in minimum qualifications of apprentice-applicants required
accordance with apprenticeship programs duly approved by under this Chapter, employers or entities with duly recognized
the Secretary of Labor and Employment. The Department shall apprenticeship programs shall have primary responsibility for
develop standard model programs of apprenticeship. (As providing appropriate aptitude tests in the selection of
amended by Section 1, Executive Order No. 111, December 24, apprentices. If they do not have adequate facilities for the
1986) purpose, the Department of Labor and Employment shall
Art. 62. Signing of apprenticeship agreement. Every perform the service free of charge.
apprenticeship agreement shall be signed by the employer or Art. 69. Responsibility for theoretical
his agent, or by an authorized representative of any of the instruction. Supplementary theoretical instruction to
recognized organizations, associations or groups and by the apprentices in cases where the program is undertaken in the
apprentice. plant may be done by the employer. If the latter is not
An apprenticeship agreement with a minor shall be signed in prepared to assume the responsibility, the same may be
his behalf by his parent or guardian, if the latter is not delegated to an appropriate government agency.
available, by an authorized representative of the Department Art. 70. Voluntary organization of apprenticeship programs;
of Labor, and the same shall be binding during its lifetime. exemptions.
Every apprenticeship agreement entered into under this Title 1. The organization of apprenticeship program shall
shall be ratified by the appropriate apprenticeship committees, be primarily a voluntary undertaking by employers;
if any, and a copy thereof shall be furnished both the employer
and the apprentice. 2. When national security or particular
requirements of economic development so demand, the
Art. 63. Venue of apprenticeship programs. Any firm, President of the Philippines may require compulsory
employer, group or association, industry organization or civic training of apprentices in certain trades, occupations, jobs
group wishing to organize an apprenticeship program may or employment levels where shortage of trained
choose from any of the following apprenticeship schemes as manpower is deemed critical as determined by the
the training venue for apprentice: Secretary of Labor and Employment. Appropriate rules in
1. Apprenticeship conducted entirely by and within this connection shall be promulgated by the Secretary of
the sponsoring firm, establishment or entity; Labor and Employment as the need arises; and
2. Apprenticeship entirely within a Department of
Labor and Employment training center or other public 3. Where services of foreign technicians are utilized
training institution; or by private companies in apprenticeable trades, said
3. Initial training in trade fundamentals in a companies are required to set up appropriate
training center or other institution with subsequent actual apprenticeship programs.
work participation within the sponsoring firm or entity Art. 71. Deductibility of training costs. An additional
during the final stage of training. deduction from taxable income of one-half (1/2) of the value of
Art. 64. Sponsoring of apprenticeship program. Any of the labor training expenses incurred for developing the
apprenticeship schemes recognized herein may be undertaken productivity and efficiency of apprentices shall be granted to
or sponsored by a single employer or firm or by a group or the person or enterprise organizing an apprenticeship
association thereof or by a civic organization. Actual training program: Provided, That such program is duly recognized by
of apprentices may be undertaken: the Department of Labor and Employment: Provided, further,
1. In the premises of the sponsoring employer in the That such deduction shall not exceed ten (10%) percent of
case of individual apprenticeship programs; direct labor wage: and Provided, finally, That the person or
2. In the premises of one or several designated enterprise who wishes to avail himself or itself of this incentive
firms in the case of programs sponsored by a group or should pay his apprentices the minimum wage.
association of employers or by a civic organization; or Art. 72. Apprentices without compensation. The Secretary of
3. In a Department of Labor and Employment Labor and Employment may authorize the hiring of
training center or other public training institution. apprentices without compensation whose training on the job is
Art. 65. Investigation of violation of apprenticeship required by the school or training program curriculum or as
agreement. Upon complaint of any interested person or upon requisite for graduation or board examination.
its own initiative, the appropriate agency of the Department of
Labor and Employment or its authorized representative shall LEARNERS
investigate any violation of an apprenticeship agreement Art. 73. Learners defined. Learners are persons hired as
pursuant to such rules and regulations as may be prescribed trainees in semi-skilled and other industrial occupations which
by the Secretary of Labor and Employment. are non-apprenticeable and which may be learned through
Art. 66. Appeal to the Secretary of Labor and practical training on the job in a relatively short period of time
Employment. The decision of the authorized agency of the which shall not exceed three (3) months.
Department of Labor and Employment may be appealed by Art. 74. When learners may be hired. Learners may be
any aggrieved person to the Secretary of Labor and employed when no experienced workers are available, the
Employment within five (5) days from receipt of the decision. employment of learners is necessary to prevent curtailment of
The decision of the Secretary of Labor and Employment shall employment opportunities, and the employment does not
be final and executory. create unfair competition in terms of labor costs or impair or
Art. 67. Exhaustion of administrative remedies. No person lower working standards.
shall institute any action for the enforcement of any Art. 75. Learnership agreement. Any employer desiring to
apprenticeship agreement or damages for breach of any such employ learners shall enter into a learnership agreement with
agreement, unless he has exhausted all available them, which agreement shall include:
administrative remedies.
1. The names and addresses of the learners; Hours of Work
SECTION 1. General statement on coverage. The provisions
2. The duration of the learnership period, which of this Rule shall apply to all employees in all establishments
shall not exceed three (3) months; and undertakings, whether operated for profit or not, except to
those specifically exempted under Section 2 hereof.
3. The wages or salary rates of the learners which
shall begin at not less than seventy-five percent (75%) of SECTION 2. Exemption. The provisions of this Rule shall
the applicable minimum wage; and not apply to the following persons if they qualify for
exemption under the conditions set forth herein:
4. A commitment to employ the learners if they so (a) Government employees whether employed by the National
desire, as regular employees upon completion of the Government or any of its political subdivision, including those
learnership. All learners who have been allowed or employed in government-owned and/or controlled
suffered to work during the first two (2) months shall be corporations;
deemed regular employees if training is terminated by the (b) Managerial employees, if they meet all of the following
employer before the end of the stipulated period through conditions:
no fault of the learners. (1) Their primary duty consists of the management of the
The learnership agreement shall be subject to inspection by the establishment in which they are employed or of a department
Secretary of Labor and Employment or his duly authorized or sub-division thereof.
representative. (2) They customarily and regularly direct the work of two or
Art. 76. Learners in piecework. Learners employed in piece or more employees therein.
incentive-rate jobs during the training period shall be paid in (3) They have the authority to hire or fire employees of lower
full for the work done. rank; or their suggestions and recommendations as to hiring
Art. 77. Penalty clause. Any violation of this Chapter or its and firing and as to the promotion or any other change of
implementing rules and regulations shall be subject to the status of other employees, are given particular weight.
general penalty clause provided for in this Code.
(c) Officers or members of a managerial staff if they perform
LABOR STANDARDS the following duties and responsibilities:
Hours of Work (1) The primary duty consists of the performance of work
directly related to management policies of their employer;
Title I (2) Customarily and regularly exercise discretion and
WORKING CONDITIONS AND REST PERIODS independent judgment;
and
Chapter I (3) (i) Regularly and directly assist a proprietor or a managerial
HOURS OF WORK employee whose primary duty consists of the management of
Art. 82. Coverage. The provisions of this Title shall apply to the establishment in which he is employed or subdivision
employees in all establishments and undertakings whether for thereof; or
profit or not, but not to government employees, managerial (ii) execute under general supervision work along specialized
employees, field personnel, members of the family of the or technical lines requiring special training, experience, or
employer who are dependent on him for support, domestic knowledge; or
helpers, persons in the personal service of another, and (iii) execute, under general supervision, special assignments
workers who are paid by results as determined by the and tasks; and
Secretary of Labor in appropriate regulations. (4) Who do not devote more than 20 percent of their hours
As used herein, "managerial employees" refer to those whose worked in a work week to activities which are not directly and
primary duty consists of the management of the establishment closely related to the performance of the work described in
in which they are employed or of a department or subdivision paragraphs (1), (2) and (3) above
thereof, and to other officers or members of the managerial
staff. Art. 83. Normal hours of work. The normal hours of work of
"Field personnel" shall refer to non-agricultural employees any employee shall not exceed eight (8) hours a day.
who regularly perform their duties away from the principal Health personnel in cities and municipalities with a population
place of business or branch office of the employer and whose of at least one million (1,000,000) or in hospitals and clinics
actual hours of work in the field cannot be determined with with a bed capacity of at least one hundred (100) shall hold
reasonable certainty. regular office hours for eight (8) hours a day, for five (5) days a
week, exclusive of time for meals, except where the exigencies
of the service require that such personnel work for six (6) days
Chapter II or forty-eight (48) hours, in which case, they shall be entitled to
ASSISTANCE TO LABOR ORGANIZATIONS an additional compensation of at least thirty percent (30%) of
Art. 267. Assistance by the Department of Labor. The their regular wage for work on the sixth day. For purposes of
Department of Labor, at the initiative of the Secretary of Labor, this Article, "health personnel" shall include resident
shall extend special assistance to the organization, for purposes physicians, nurses, nutritionists, dietitians, pharmacists, social
of collective bargaining, of the most underprivileged workers workers, laboratory technicians, paramedical technicians,
who, for reasons of occupation, organizational structure or psychologists, midwives, attendants and all other hospital or
insufficient incomes, are not normally covered by major labor clinic personnel.
organizations or federations.
Chapter I
POLICY
RULE I Art. 211. Declaration of Policy.
1. It is the policy of the State: whether the time spent by an employee is considered hours
worked for purposes of this Rule:
1. To promote and emphasize the primacy
of free collective bargaining and negotiations, including (a) All hours are hours worked which the employee is required
voluntary arbitration, mediation and conciliation, as to give his employer, regardless of whether or not such hours
modes of settling labor or industrial disputes; are spent in productive labor or involve physical or mental
exertion.
2. To promote free trade unionism as an
instrument for the enhancement of democracy and the
(b) An employee need not leave the premises of the work place
promotion of social justice and development;
in order that his rest period shall not be counted, it being
enough that he stops working, may rest completely and may
3. To foster the free and voluntary
leave his work place, to go elsewhere, whether within or
organization of a strong and united labor movement;
outside the premises of his work place.
4. To promote the enlightenment of (c) If the work performed was necessary, or it benefited the
workers concerning their rights and obligations as union employer, or the employee could not abandon his work at the
members and as employees; end of his normal working hours because he had no
replacement, all time spent for such work shall be considered
5. To provide an adequate administrative as hours worked, if the work was with the knowledge of his
machinery for the expeditious settlement of labor or employer or immediate supervisor.
industrial disputes; (d) The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be
6. To ensure a stable but dynamic and just considered working time either if the imminence of the
industrial peace; and resumption of work requires the employee's presence at the
place of work or if the interval is too brief to be utilized
7. To ensure the participation of workers effectively and gainfully in the employee's own interest.
in decision and policy-making processes affecting their
rights, duties and welfare.
Rest period
2. To encourage a truly democratic method of
regulating the relations between the employers and Art. 84. Hours worked. Hours worked shall include (a) all time
employees by means of agreements freely entered into during which an employee is required to be on duty or to be at
through collective bargaining, no court or administrative a prescribed workplace; and (b) all time during which an
agency or official shall have the power to set or fix wages, employee is suffered or permitted to work.
rates of pay, hours of work or other terms and conditions Rest periods of short duration during working hours shall be
of employment, except as otherwise provided under this counted as hours worked.
Code. (As amended by Section 3, Republic Act No. 6715,
March 21, 1989) SECTION 7. Meal and Rest Periods. Every employer shall
give his employees, regardless of sex, not less than one (1) hour
Compensation time-off for regular meals, except in the following cases when a
meal period of not less than twenty (20) minutes may be given
Art. 84. Hours worked. Hours worked shall include (a) all time by the employer provided that such shorter meal
during which an employee is required to be on duty or to be at period is credited as compensable hours worked of the
a prescribed workplace; and (b) all time during which an employee:
employee is suffered or permitted to work. (a) Where the work is non-manual work in nature or does not
Rest periods of short duration during working hours shall be involve strenuous physical exertion;
counted as hours worked. (b) Where the establishment regularly operates not less than
sixteen (16) hours a day;
(c) In case of actual or impending emergencies or there is
urgent work to be performed on machineries, equipment or
SECTION 3. Hours worked. The following shall be installations to avoid serious loss which the employer would
considered as compensable hours worked: otherwise suffer; and
(d) Where the work is necessary to prevent serious loss of
perishable goods.
Rest periods or coffee breaks running from five (5) to twenty
(a) All time during which an employee is required to be on (20) minutes shall be considered as compensable working time.
duty or to be at the employer's premises or to be at a
prescribed work place; and SECTION 4. Principles in determining hours worked. The
following general principles shall govern in determining
(b) All time during which an employee is suffered or permitted whether the time spent by an employee is considered hours
to work. worked for purposes of this Rule:

SECTION 4. Principles in determining hours worked. The (a) All hours are hours worked which the employee is required
following general principles shall govern in determining to give his employer, regardless of whether or not such hours
are spent in productive labor or involve physical or mental 3. When there is urgent work to be performed on
exertion. machines, installations, or equipment, in order to avoid
serious loss or damage to the employer or some other
(b) An employee need not leave the premises of the work place cause of similar nature;
in order that his rest period shall not be counted, it being
enough that he stops working, may rest completely and may 4. When the work is necessary to prevent loss or
leave his work place, to go elsewhere, whether within or damage to perishable goods; and
outside the premises of his work place.
5. Where the completion or continuation of the
(c) If the work performed was necessary, or it benefited the work started before the eighth hour is necessary to
employer, or the employee could not abandon his work at the prevent serious obstruction or prejudice to the business or
end of his normal working hours because he had no operations of the employer.
replacement, all time spent for such work shall be considered Any employee required to render overtime work under this
as hours worked, if the work was with the knowledge of his Article shall be paid the additional compensation required in
employer or immediate supervisor. this Chapter.
(d) The time during which an employee is inactive by reason of
interruptions in his work beyond his control shall be
considered working time either if the imminence of the SECTION 8. Overtime pay. Any employee covered by this
resumption of work requires the employee's presence at the Rule who is permitted or required to work beyond eight (8)
place of work or if the interval is too brief to be utilized hours on ordinary working days shall be paid an additional
effectively and gainfully in the employee's own interest. compensation for the overtime work in the amount equivalent
to his regular wage plus at least twenty-five percent (25%)
MEAL PERIOD thereof.
Art. 85. Meal periods. Subject to such regulations as the Compensation (Overtime work)
Secretary of Labor may prescribe, it shall be the duty of every SECTION 9. Premium and overtime pay for holiday and rest
employer to give his employees not less than sixty (60) minutes day work.
time-off for their regular meals. (a) Except employees referred to under Section 2 of this Rule,
an employee who is permitted or suffered to work on special
WAITING TIME holidays or on his designated rest days not falling on regular
holidays, shall be paid with an additional compensation as
SECTION 5. Waiting time. (a) Waiting time spent by an premium pay of not less than thirty percent (30%) of his
employee shall be considered as working time if waiting is an regular wage. For work performed in excess of eight (8) hours
integral part of his work or the employee is required or on special holidays and rest days not falling on regular
engaged by the employer to wait. holidays, an employee shall be paid an additional
(b) An employee who is required to remain on call in the compensation for the overtime work equivalent to his rate for
employer's premises or so close thereto that he cannot use the the first eight hours on a special holiday or rest day plus at
time effectively and gainfully for his own purpose shall be least thirty percent (30%) thereof.
considered as working while on call. An employee who is not (b) Employees of public utility enterprises as well as those
required to leave word at his home or with company officials employed in nonprofit institutions and organizations shall be
where he may be reached is not working while on call. entitled to the premium and overtime pay provided herein,
unless they are specifically excluded from the coverage of this
OVERTIME WORK Rule as provided in Section 2 hereof.
(c) The payment of additional compensation for work
Art. 87. Overtime work. Work may be performed beyond eight performed on regular holidays shall be governed by Rule IV,
(8) hours a day provided that the employee is paid for the Book Three, of these Rules.
overtime work, an additional compensation equivalent to his
regular wage plus at least twenty-five percent (25%) thereof. Holiday Pay
Work performed beyond eight hours on a holiday or rest day
shall be paid an additional compensation equivalent to the rate Art. 93. Compensation for rest day, Sunday or holiday work.
of the first eight hours on a holiday or rest day plus at least 1. Where an employee is made or permitted to
thirty percent (30%) thereof. work on his scheduled rest day, he shall be paid an
additional compensation of at least thirty percent (30%) of
his regular wage. An employee shall be entitled to such
Art. 89. Emergency overtime work. Any employee may be additional compensation for work performed on Sunday
required by the employer to perform overtime work in any of only when it is his established rest day.
the following cases: 2. When the nature of the work of the employee is
1. When the country is at war or when any other such that he has no regular workdays and no regular rest
national or local emergency has been declared by the days can be scheduled, he shall be paid an additional
National Assembly or the Chief Executive; compensation of at least thirty percent (30%) of his regular
wage for work performed on Sundays and holidays.
2. When it is necessary to prevent loss of life or 3. Work performed on any special holiday shall be
property or in case of imminent danger to public safety paid an additional compensation of at least thirty percent
due to an actual or impending emergency in the locality (30%) of the regular wage of the employee. Where such
caused by serious accidents, fire, flood, typhoon, holiday work falls on the employees scheduled rest day,
earthquake, epidemic, or other disaster or calamity; he shall be entitled to an additional compensation of at
least fifty per cent (50%) of his regular wage.
4. Where the collective bargaining agreement or compensation of at least thirty percent (30%) of his regular
other applicable employment contract stipulates the wage for work performed on Sundays and holidays.
payment of a higher premium pay than that prescribed 3. Work performed on any special holiday shall be
under this Article, the employer shall pay such higher paid an additional compensation of at least thirty percent
rate. (30%) of the regular wage of the employee. Where such
holiday work falls on the employees scheduled rest day,
SECTION 7. Compensation on rest day/Sunday/holiday. he shall be entitled to an additional compensation of at
(a) Except those employees referred to under Section 2, Rule I, least fifty per cent (50%) of his regular wage.
Book Three, an employee who is made or permitted to work 4. Where the collective bargaining agreement or
on his scheduled rest day shall be paid with an additional other applicable employment contract stipulates the
compensation of at least 30% of his regular wage. payment of a higher premium pay than that prescribed
An employee shall be entitled to such additional compensation under this Article, the employer shall pay such higher
for work performed on a Sunday only when it is his rate.
established rest day. Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE
(b) Where the nature of the work of the employee is such that CHARGES
he has no regular work days and no regular rest days can be Art. 94. Right to holiday pay.
scheduled, he shall be paid an additional compensation of at 1. Every worker shall be paid his regular daily
least 30% of his regular wage for work performed on Sundays wage during regular holidays, except in retail and service
and holidays. establishments regularly employing less than ten (10)
workers;
(c) Work performed on any special holiday shall be paid with
an additional compensation of at least 30% of the regular wage 2. The employer may require an employee to work
of the employees. Where such holiday work falls on the on any holiday but such employee shall be paid a
employee's scheduled rest day, he shall be entitled to compensation equivalent to twice his regular rate; and
additional compensation of at least 50% of his regular wage.
(d) The payment of additional compensation for work 3. As used in this Article, "holiday" includes: New
performed on regular holiday shall be governed by Rule IV, Years Day, Maundy Thursday, Good Friday, the ninth of
Book Three, of these regulations. April, the first of May, the twelfth of June, the fourth of
(e) Where the collective bargaining agreement or other July, the thirtieth of November, the twenty-fifth and
applicable employment contract stipulates the payment of a thirtieth of December and the day designated by law for
higher premium pay than that prescribed under this Section, holding a general election.
the employer shall pay such higher rate.
LEAVE
Chapter I
HOURS OF WORK Art. 95. Right to service incentive leave.
Art. 82. Coverage. The provisions of this Title shall apply to 1. Every employee who has rendered at least one
employees in all establishments and undertakings whether for year of service shall be entitled to a yearly service
profit or not, but not to government employees, managerial incentive leave of five days with pay.
employees, field personnel, members of the family of the
employer who are dependent on him for support, domestic 2. This provision shall not apply to those who are
helpers, persons in the personal service of another, and already enjoying the benefit herein provided, those
workers who are paid by results as determined by the enjoying vacation leave with pay of at least five days and
Secretary of Labor in appropriate regulations. those employed in establishments regularly employing
As used herein, "managerial employees" refer to those whose less than ten employees or in establishments exempted
primary duty consists of the management of the establishment from granting this benefit by the Secretary of Labor and
in which they are employed or of a department or subdivision Employment after considering the viability or financial
thereof, and to other officers or members of the managerial condition of such establishment.
staff.
"Field personnel" shall refer to non-agricultural employees 3. The grant of benefit in excess of that provided
who regularly perform their duties away from the principal herein shall not be made a subject of arbitration or any
place of business or branch office of the employer and whose court or administrative action.
actual hours of work in the field cannot be determined with
reasonable certainty. RULE V
Service Incentive Leave
SECTION 1. Coverage. This rule shall apply to all
Art. 93. Compensation for rest day, Sunday or holiday work. employees except:
1. Where an employee is made or permitted to (a) Those of the government and any of its political
work on his scheduled rest day, he shall be paid an subdivisions, including government-owned and controlled
additional compensation of at least thirty percent (30%) of corporations;
his regular wage. An employee shall be entitled to such (b) Domestic helpers and persons in the personal service of
additional compensation for work performed on Sunday another;
only when it is his established rest day. (c) Managerial employees as defined in Book Three of this
2. When the nature of the work of the employee is Code;
such that he has no regular workdays and no regular rest (d) Field personnel and other employees whose performance is
days can be scheduled, he shall be paid an additional unsupervised by the employer including those who are
engaged on task or contract basis, purely commission basis, or VAWC Leave
those who are paid a fixed amount for performing work
irrespective of the time consumed in the performance thereof;
(e) Those who are already enjoying the benefit herein SECTION 43. Entitled to Leave. Victims under this Act shall
provided; be entitled to take a paid leave of absence up to ten (10) days in
(f) Those enjoying vacation leave with pay of at least five days; addition to other paid leaves under the Labor Code and Civil
and Service Rules and Regulations, extendible when the necessity
(g) Those employed in establishments regularly employing less arises as specified in the protection order.
than ten employees.
Any employer who shall prejudice the right of the person
Paternity Leave
under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall prejudice any
ARTICLE XV person for assisting a co-employee who is a victim under this
THE FAMILY Act shall likewise be liable for discrimination.

Section 1. The State recognizes the Filipino family as the Section 42. Ten-day paid leave in addition to other leave
foundation of the nation. Accordingly, it shall strengthen its benefits. - At any time during the application of any protection
solidarity and actively promote its total development. order, investigation, prosecution and/or trial of the criminal
case, a victim of VAWC who is employed shall be entitled to a
Maternity Leave paid leave of up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and
Regulations and other existing laws and company policies,
SEC. 14-A. Maternity Leave Benefit. - A female member who has extendible when the necessity arises as specified in the
paid at least three (3) monthly contributions in the twelve- protection order. The Punong Barangay/kagawad or
month period immediately preceding the semester of her prosecutor or the Clerk of Court, as the case may be, shall issue
childbirth or miscarriage shall be paid a daily maternity benefit a certification at no cost to the woman that such an action is
equivalent to one hundred percent (100%) of her average daily pending, and this is all that is required for the employer to
salary credit for sixty (60) days or seventy-eight (78) days in comply with the 10-day paid leave. For government
case of caesarian delivery, subject to the following conditions: employees, in addition to the aforementioned certification, the
employee concerned must file an application for leave citing as
basis R.A. 9262.
"(a) That the employee shall have notified her employer of her
pregnancy and the probable date of her childbirth, which The administrative enforcement of this leave entitlement shall
notice shall be transmitted to the SSS in accordance with the
be considered within the jurisdiction of the Regional Director
rules and regulations it may provide; of the DOLE under Article 129 of the Labor Code of the
Philippines, as amended, for employees in the private sector,
"(b) The full payment shall be advanced by the employer and the Civil Service Commission, for government employees.
within thirty (30) days from the filing of the maternity leave
application; The availment of the ten day-leave shall be at the option of the
woman employee, which shall cover the days that she has to
"(c) That payment of daily maternity benefits shall be a bar to attend to medical and legal concerns. Leaves not availed of are
the recovery of sickness benefits Provided by this Act for the noncumulative and not convertible to cash. The
same period for which daily maternity benefits have been employer/agency head who denies the application for leave,
received; and who shall prejudice the victim-survivor or any person for
assisting a co-employee who is a victim-survivor under the Act
shall be held liable for discrimination and violation of R.A
"(d) That the maternity benefits Provided under this section
9262.
shall be paid only for the first four (4) deliveries or
miscarriages;
WAGE

"(e) That the SSS shall immediately reimburse the employer of RULE VII
one hundred percent (100%) of the amount of maternity Wages
benefits advanced to the employee by the employer upon SECTION 1. Definition of Terms. As used in this Rules
receipt of satisfactory proof of such payment and legality a) "Act" means Republic Act No. 6727;
thereof; and b) "Commission" means the National Wages and Productivity
Commission;
"(f) That if an employee member should give birth or suffer c) "Board" means the Regional Tripartite Wages and
miscarriage without the required contributions having been Productivity Board;
remitted for her by her employer to the SSS, or without the d) "Agriculture" refers to all farming activities in all its
latter having been previously notified by the employer of the branches and includes among others, the cultivation and
time of the pregnancy, the employer shall pay to the SSS tillage of the soil, production, cultivation, growing and
damages equivalent to the benefits which said employee harvesting of any agricultural or horticultural commodities,
member would otherwise have been entitled to. dairying, raising of livestock or poultry, the culture of fish and
other aquatic products in farms or ponds, and any activities
performed by a farmer or on a farm as an incident to or in circumstances as specified in appropriate regulations to be
conjunction with such farming operations, but does not issued by the Secretary of Labor and Employment or as
include the manufacturing and/or processing of sugar, stipulated in a collective bargaining agreement.
coconut, abaca, tobacco, pineapple, aquatic or other farm Art. 103. Time of payment. Wages shall be paid at least once
products; every two (2) weeks or twice a month at intervals not
e) "Plantation Agricultural Enterprise" is one engaged in exceeding sixteen (16) days. If on account of force majeure or
agriculture within an area of more than 24 hectares in a locality circumstances beyond the employers control, payment of
and/or which employs at least 20 workers. Any other wages on or within the time herein provided cannot be made,
agricultural enterprise shall be considered as "NonPlantation the employer shall pay the wages immediately after such force
Agricultural Enterprises"; majeure or circumstances have ceased. No employer shall
f) "Retail Establishment" is one principally engaged in the sale make payment with less frequency than once a month.
of goods to endusers for personal or household use; The payment of wages of employees engaged to perform a task
g) "Service Establishment" is one primarily engaged in the sale which cannot be completed in two (2) weeks shall be subject to
of service to individuals for their own or household use and is the following conditions, in the absence of a collective
generally recognized as such; bargaining agreement or arbitration award:
h) "Cottage/Handicraft Establishment" is one engaged in an
economic endeavor in which the products are primarily done 1. That payments are made at intervals not
in the home or such other places for profit which requires exceeding sixteen (16) days, in proportion to the amount
manual dexterity and craftsmanship and whose capitalization of work completed;
does not exceed P500,000, regardless of previous registration
with the defunct NACIDA; 2. That final settlement is made upon completion of
i) "National Capital Region" covers the cities of Kalookan, the work.
Manila, Pasay and Quezon and the municipalities of Las Pias, Art. 104. Place of payment. Payment of wages shall be made at
Makati, Malabon, Mandaluyong, Marikina, Muntinlupa, or near the place of undertaking, except as otherwise provided
Navotas, Paraaque, Pasig, Pateros, San Juan, Taguig and by such regulations as the Secretary of Labor and Employment
Valenzuela; may prescribe under conditions to ensure greater protection of
j) "Region III" covers the provinces of Bataan, Bulacan, Nueva wages.
Ecija, Pampanga, Tarlac, and Zambales and the cities of Art. 105. Direct payment of wages. Wages shall be paid
Angeles, Cabanatuan, Olongapo, Palayan and San Jose; directly to the workers to whom they are due, except:
k) "Region IV" covers the provinces of Aurora, Batangas, 1. In cases of force majeure rendering such payment
Cavite, Laguna, Marinduque, Occidental Mindoro, Palawan, impossible or under other special circumstances to be
Quezon, Rizal and Romblon and the cities of Batangas, Cavite, determined by the Secretary of Labor and Employment in
Lipa, Lucena, Puerto Princesa, San Pablo, Tagaytay and Trece appropriate regulations, in which case, the worker may be
Martires; paid through another person under written authority
l) "Department" refers to the Department of Labor and given by the worker for the purpose; or
Employment;
m) "Secretary" means the Secretary of Labor and Employment; 2. Where the worker has died, in which case, the
n) "Basic Wage" means all remuneration or earnings paid by an employer may pay the wages of the deceased worker to
employer to a worker for services rendered on normal working the heirs of the latter without the necessity of intestate
days and hours but does not include cost-of-living allowances, proceedings. The claimants, if they are all of age, shall
profit sharing payments, premium payments, 13th month pay execute an affidavit attesting to their relationship to the
or other monetary benefits which are not considered as part of deceased and the fact that they are his heirs, to the
or integrated into the regular salary of the workers on the date exclusion of all other persons. If any of the heirs is a
the Act became effective." minor, the affidavit shall be executed on his behalf by his
o) "Statutory Minimum Wage" is the lowest wage fixed by law natural guardian or next-of-kin. The affidavit shall be
that an employer can pay his workers; presented to the employer who shall make payment
p) "Wage Distortion" means a situation where an increase in through the Secretary of Labor and Employment or his
prescribed wage rates results in the elimination or severe representative. The representative of the Secretary of
contraction of intentional quantitative differences in wage or Labor and Employment shall act as referee in dividing the
salary rates between and among employee groups in an amount paid among the heirs. The payment of wages
establishment as to effectively obliterate the distinctions under this Article shall absolve the employer of any
embodied in such wage structure based on skills, length of further liability with respect to the amount paid.
service, or other logical bases of differentiation; Art. 106. Contractor or subcontractor. Whenever an employer
q) "Capitalization" means paid-up capital, in the case of a enters into a contract with another person for the performance
corporation, and total invested capital, in the case of a of the formers work, the employees of the contractor and of
partnership or single proprietorship. the latters subcontractor, if any, shall be paid in accordance
with the provisions of this Code.
Chapter III In the event that the contractor or subcontractor fails to pay the
PAYMENT OF WAGES wages of his employees in accordance with this Code, the
employer shall be jointly and severally liable with his
Art. 102. Forms of payment. No employer shall pay the wages contractor or subcontractor to such employees to the extent of
of an employee by means of promissory notes, vouchers, the work performed under the contract, in the same manner
coupons, tokens, tickets, chits, or any object other than legal and extent that he is liable to employees directly employed by
tender, even when expressly requested by the employee. him.
Payment of wages by check or money order shall be allowed
when such manner of payment is customary on the date of The Secretary of Labor and Employment may, by appropriate
effectivity of this Code, or is necessary because of special regulations, restrict or prohibit the contracting-out of labor to
protect the rights of workers established under this Code. In so amended by Presidential Decree No. 1146, plus twenty percent
prohibiting or restricting, he may make appropriate thereof. (As added by Section 9, Presidential Decree No. 1368
distinctions between labor-only contracting and job contracting [May 1, 1978] and subsequently amended by Section 7,
as well as differentiations within these types of contracting and Presidential Decree No. 1641)
determine who among the parties involved shall be considered
the employer for purposes of this Code, to prevent any Non-diminution of benefits
violation or circumvention of any provision of this Code.
There is "labor-only" contracting where the person supplying Art. 100. Prohibition against elimination or diminution of
workers to an employer does not have substantial capital or benefits. Nothing in this Book shall be construed to eliminate
investment in the form of tools, equipment, machineries, work or in any way diminish supplements, or other employee
premises, among others, and the workers recruited and placed benefits being enjoyed at the time of promulgation of this
by such person are performing activities which are directly Code.
related to the principal business of such employer. In such
cases, the person or intermediary shall be considered merely as Wage Orders
an agent of the employer who shall be responsible to the
workers in the same manner and extent as if the latter were Art. 100. Prohibition against elimination or diminution of
directly employed by him. benefits. Nothing in this Book shall be construed to eliminate
or in any way diminish supplements, or other employee
Art. 107. Indirect employer. The provisions of the immediately benefits being enjoyed at the time of promulgation of this
preceding article shall likewise apply to any person, Code.
partnership, association or corporation which, not being an
employer, contracts with an independent contractor for the Wage Distortion
performance of any work, task, job or project. Art. 124. Standards/Criteria for minimum wage fixing. The
Art. 108. Posting of bond. An employer or indirect employer regional minimum wages to be established by the Regional
may require the contractor or subcontractor to furnish a bond Board shall be as nearly adequate as is economically feasible to
equal to the cost of labor under contract, on condition that the maintain the minimum standards of living necessary for the
bond will answer for the wages due the employees should the health, efficiency and general well-being of the employees
contractor or subcontractor, as the case may be, fail to pay the within the framework of the national economic and social
same. development program. In the determination of such regional
Art. 109. Solidary liability. The provisions of existing laws to minimum wages, the Regional Board shall, among other
the contrary notwithstanding, every employer or indirect relevant factors, consider the following:
employer shall be held responsible with his contractor or 1. The demand for living wages;
subcontractor for any violation of any provision of this Code.
For purposes of determining the extent of their civil liability 2. Wage adjustment vis--vis the consumer price
under this Chapter, they shall be considered as direct index;
employers.
Art. 110. Worker preference in case of bankruptcy. In the 3. The cost of living and changes or increases
event of bankruptcy or liquidation of an employers business, therein;
his workers shall enjoy first preference as regards their wages
and other monetary claims, any provisions of law to the 4. The needs of workers and their families;
contrary notwithstanding. Such unpaid wages and monetary
claims shall be paid in full before claims of the government 5. The need to induce industries to invest in the
and other creditors may be paid. (As amended by Section 1, countryside;
Republic Act No. 6715, March 21, 1989)
Art. 111. Attorneys fees. 6. Improvements in standards of living;
1. In cases of unlawful withholding of wages, the
culpable party may be assessed attorneys fees equivalent 7. The prevailing wage levels;
to ten percent of the amount of wages recovered.
2. It shall be unlawful for any person to demand or 8. Fair return of the capital invested and capacity to
accept, in any judicial or administrative proceedings for pay of employers;
the recovery of wages, attorneys fees which exceed ten
percent of the amount of wages recovered. 9. Effects on employment generation and family
income; and
Payment of Wages
10. The equitable distribution of income and wealth
Art. 208. Applicability. This Title shall apply only to injury, along the imperatives of economic and social
sickness, disability or death occurring on or after January 1, development.
1975. The wages prescribed in accordance with the provisions of this
Art. 208-A. Repeal. All existing laws, Presidential Decrees and Title shall be the standard prevailing minimum wages in every
Letters of Instructions which are inconsistent with or contrary region. These wages shall include wages varying with
to this Decree, are hereby repealed: Provided, That in the case industries, provinces or localities if in the judgment of the
of the GSIS, conditions for entitlement to benefits shall be Regional Board, conditions make such local differentiation
governed by the Labor Code, as amended: Provided, however, proper and necessary to effectuate the purpose of this Title.
That the formulas for computation of benefits, as well as the
contribution base, shall be those provided under Any person, company, corporation, partnership or any other
Commonwealth Act Numbered One Hundred Eighty-Six, as entity engaged in business shall file and register annually with
the appropriate Regional Board, Commission and the National
Statistics Office, an itemized listing of their labor component,
specifying the names of their workers and employees below
the managerial level, including learners, apprentices and
disabled/handicapped workers who were hired under the
terms prescribed in the employment contracts, and their
corresponding salaries and wages.
Where the application of any prescribed wage increase by
virtue of a law or wage order issued by any Regional Board
results in distortions of the wage structure within an
establishment, the employer and the union shall negotiate to
correct the distortions. 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. Unless otherwise
agreed by the parties in writing, such dispute shall be decided
by the voluntary arbitrators within ten (10) calendar days from
the time said dispute was referred to voluntary arbitration.
In cases where there are no collective agreements or
recognized labor unions, the employers and workers shall
endeavor to correct such distortions. Any dispute arising
therefrom shall be settled through the National Conciliation
and Mediation Board and, if it remains unresolved after ten
(10) calendar days of conciliation, shall be referred to the
appropriate branch of the National Labor Relations
Commission (NLRC). It shall be mandatory for the NLRC to
conduct continuous hearings and decide the dispute within
twenty (20) calendar days from the time said dispute is
submitted for compulsory arbitration.
The pendency of a dispute arising from a wage distortion shall
not in any way delay the applicability of any increase in
prescribed wage rates pursuant to the provisions of law or
wage order.
As 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 skills, length of
service, or other logical bases of differentiation.
All workers paid by result, including those who are paid on
piecework, takay, pakyaw or task basis, shall receive not less
than the prescribed wage rates per eight (8) hours of work a
day, or a proportion thereof for working less than eight (8)
hours.
All recognized learnership and apprenticeship agreements
shall be considered automatically modified insofar as their
wage clauses are concerned to reflect the prescribed wage
rates. (As amended by Republic Act No. 6727, June 9, 1989)

Special Classes of Workers

Section 14. The State recognizes the role of women in nation-


building, and shall ensure the fundamental equality before the
law of women and men.

WOMEN

Section 14. The State shall protect working women by


providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.