» More’ bt a oe Renumbering of the Labor Code of the Philippines, as Amended Pursuant to Article 5 of P.D. 442, as amended, and in view of the enactment of Republic Act. No. 10151, An Act Allowing The Employment of Night Workers Thereby Repealing Articles 130 and 131 of Presidential Decree Number Four Hundred Forty-Two , As Amended, Otherwise Known As The Labor Code of the Philiopines, with the effect of renumbering subsequent articles starting from Book Four, Title I, Chapter | of Presidential Decree No. 442 and considering the numerous piece-meal amendments to the Code since its promulgation in 1974, the Department hereby issues the renumbered Labor Code of the Philippines, as amended. ‘The comparative matrix of the old and renumbered provisions of the Labor Code of (CEPARTISENT OF LADOR AND EARLOWUENT Republic of the Philippines appeaaneaaes DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila ORE: Department Advisory No. © Series of 2015 the Philippines, as amended is as follows: Renumbered | Old TITLE Labor Code PRELIMINARY TITLE CHAPTER I, GENERAL PROVISION 4 1 [ Name of Decree 2 2 | Date of Effectivity 3 3 | Deciaration of Basic Policy 4 ‘4 | Construction in Favor of Labor 5 5 | Rules and Regulations 6 6 | Applicability CHAPTER Il, EMANCAPATION OF TENANTS, 7 7__| Statement of Objectives 8 & | Transfer of Lands to Tenant Workers 9 ‘9 | Determination of Land Value 10 |0___| Conditions of Ownership 14 |_| Implementing Agency BOOK ONE - PRE EMPLOYMENT 2 12 | Statement of Objectives TITLE |= RECRUITMENT AND PLACEMENT OF WORKERS CHAPTER I GENERAL PROVISIONS 13 43 _ | Definitions 14 14 | Employment Promotion 15 15 | Bureau of Employment Services 16 16 _ | Private Recruitment 17 17 __| Overseas Employment Development Board 18 18 | Ban on Direct Hiring 19 19 | Office of Emigrant Affairs 20 20 | National Seamen Board21 27 Foreign Service Role and Participation 22 22 | Mandatory Remittance of Foreign Exchange Eamings 23 23 [Composition of the Boards 24 24 | Boards to Issue Rules and Collect Fees. ‘CHAPTER Tl REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES 25 25 _| Private Sector Participation in the Recruitment and Placement of Workers 26 26 [Travel Agencies Prohibited to Recruit 27 27 | Citizenship Requirement 28 28 | Capitalization 29 29 _ | Non-Transferablity of License or Authority 30 30__| Registration Fees 34 31__| Bonds 32 ‘32 | Fees to be Paid by Workers 33 33 | Reports on Employment Status 34 34___| Prohibited Practices 35 '35 | Suspension and/or Cancellation of License or Authority CHAPTER Ill, MISCELLANEOUS PROVISIONS. 36 36___| Regulatory Power Eid 37 | Visitorial Power 38 38 | illegal Recruitment 39 39 | Penalties TITLE I= EMPLOYMENT OF NON-RESIDENT ALIENS, 40 ‘40__ | Employment Permit of Non-Resident Aliens 4 ‘41 __| Prohibition Against Transfer of Employment, 42 ‘42 | Submission of List BOOK TWO — HUMAN RESOURCES DEVELOPMENT PROGRAM TITLE 1— NATIONAL MANPOWER DEVELOPMENT PROGRAM. CHAPTER |. NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY FOR THEIR IMPLEMENTATION 43 43 | Statement of Objective 44 44_| Defi 45 ‘45__| National Manpower and Youth Council; Composition 46 ‘46 | National Manpower Plan 47 ‘47 _ | National Manpower Skills Center 48 48___| Establishment and Formulation of Skis Standards 49 49__ | Administration of Training Programs 50. 50__| Industry Boards 51 51___| Employment Service Training Functions 52 '52__| Incentive Scheme 53 53 | Council Secretariat 54 54 | Regional Manpower Development Offices 55 ‘55 | Consultants and Technical Assistance, Publication, and Research 56 56 | Rules and Regulations TITLE Il — TRAINING AND EMPLOYMENT OF SPECIAL WORKERS Chapter |. APPRENTICES 57, ‘57 __| Statement of Objectives 56. ‘58 | Definition of Terms 59) '59__| Qualifications of Apprentice 60, ‘60___| Employment of Apprentices 61 61__| Contents of Apprenticeship Agreements.62 @2 ‘Signing of Apprenticeship Agreement 63. 63 | Venue of Apprenticeship Programs 64 ‘64 | Sponsoring of Apprenticeship Program, 65, (65__| Investigation of Violation of Apprenticeship Agreement 66. ‘66 | Appeal to the Secretary of Labor and Employment 67 ‘67_| Exhaustion of Administrative Remedies 68. ‘68__| Aptitude Testing of Applicants 69 ‘69__ | Responsibility for Theoretical Instruction. 70 70 | Voluntary Organizations of Apprenticeship Programs; Exemptions 71 71__| Deductibility of Training Costs 72. 72 _ | Apprentices Without Compensation Chapter i, LEARNERS: 73 73 _| Leamers Defined 74 74 | When Leamers May Be Hired 75 75__| Leamership Agreement 76 76 | Leamers in Piecework id 77__[ Penalty Clause Chapter ill, HANDICAPPED WORKERS 78 78__| Definition 79 79 | When Employable 80 '80___| Employment Agreement 81 ‘81 | Eligibility for Apprenticeship BOOK THREE - CONDITIONS OF EMPLOYMENT TITLE | — WORKING CONDITIONS AND REST PERIODS Chapter. HOURS OF WORK 82 82 | Coverage 83, 83, ‘Normal Hours of Work. 84 84 Hours Worked 85 ‘85 | Meal Periods 86 ‘86 | Night-Shift Differential 87, 87 Overtime Work. 88 ‘88 | Undertime Not Offset by Overtime 89 '89__| Emergency Overtime Work. 90 ‘20 | Computation of Additional Compensation ‘Chapter i WEEKLY REST PERIODS. 91 91 Right to Weekly Rest Day 92 92 ‘When Employer May Require Work on a Rest Day ‘93 ‘93 __| Compensation for Rest Day, Sunday, or Holiday Work Chapter Ill, HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES 94 94 __ | Right to Holiday Pay Es ‘95 | Right to Service Incentive Leave 96. 96 | Service Charges. TITLE Il - WAGES. Chapter I PRELIMINARY MATTERS: 97 97 Definitions 98 ‘98__| Application of Title ‘Chapter Il. MINIMUM WAGE RATES 99) ‘99 | Regional Minimum Wages 700) 7100 __| Prohibition Against Elimination or Diminution of Benefits 101 101 | Payment by Results ‘Chapter Ill. PAYMENT OF WAGES