Labor Law 1 Recitations

by: ngiing ngiing

VAWC Leave - VAWC leave is granted to women employees who are victims of violence, as
defined in RA 9262. The qualified victim-employee shall be entitled to a leave of
up to 10 days with full pay, consisting of basic salary and mandatory allowances
fixed by the Regional Wage Board, if any. To be entitled to the leave benefit, the
only requirement is for the victim-employee to present to her employer a
certification from the barangay chairman or barangay councilor or prosecutor or
the Clerk of Court, as the case may be, that an action relative to the matter is
pending.

Violence against women and their children – refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or
against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.

Paternity Leave- Paternity leave is granted to all married male employees in the private and
public sectors, regardless of their employment status (e.g. probationary, regular,
contractual, project basis). The purpose of this benefit is to allow the husband to
lend support to his wife during her period of recovery and/or in nursing her
newborn child. It shall be for 7 calendar days, with full pay, consisting of basic
salary and mandatory allowances fixed by the Regional Wage Board,if any,
provided that his pay shall not be less than the mandated minimum wage. It
shall apply to the first 4 deliveries of the employee’s lawful wife with whom he is
cohabiting. Cohabiting means the obligation of the husband and wife to live
together. [Sec. 1, IRR,RA 8187] If the spouses are not physically living together
because of the workstation or occupation, the male employee is still entitled to
the paternity leave benefit.

Illegal - shall mean any act ofcanvassing, enlisting, contracting, transporting, utilizing,
Recruitment hiring, or procuring workers and includes referring, contract services, promising
or advertising for employment abroad, whether for profit or not,when undertaken
by non-licensee or nonholder of authority contemplated under Article 13(f) of the
Labor Code of the Philippines; Provided, That any such non-licensee or non
holder who, in any manner, offers or promises for a fee employment abroad to
two or more persons shall be deemed so engaged.
Facilities and
Supplements - The distinction between facilities and supplement is relevant because the former
is wage-deductible while the latter is not. In determining whether a privilege is a
facility, the criterion is not so much its kind but it’s PURPOSE. In short, the
benefit or privilege given to the employee which constitutes an extra
remuneration above and over his basic or ordinary earning or wage is
supplement; and when said benefit or privilege is part of the laborers’ basic
wages, it is a facility. The distinction lies not so much in the kind of benefit or
item (food, lodging, bonus or sick leave) given, but in the purpose for which it is
given.

Facilities are articles or services for the benefit of the employee or his family.
Supplements are Extra remuneration or special benefits / articles or services /
tools of the trade for the benefit or convenience of the employer.

Requirements for deducting value of facilities

Mere availment is not sufficient to allow deductions from employees’ wages.

Before the value of facilities can be deducted from the employees’ wages, the
following requisites must all be attendant:

(1) Proof must be shown that such facilities are customarily furnished by the
trade;

(2) The provision of deductible facilities must be voluntarily accepted in

writing by the employee; and

(3) Facilities must be charged at reasonable value.

FACILITIES SUPPLEMENTS
What it is
Articles or services/items of expense Extra remuneration or special benefits / articles or
services /tools of the trade.
Who Benefits
For the benefit of the employee and his family; for For the benefit or convenience of the employer
their existence and subsistence
Deductible from Wage
YES - Part of wage so it is deductible NO - Independent of the Wage so not deductible
 Effects of Termination of Househelper

Termination Initiated by the domestic worker Termination Initiated by the employer

The domestic worker may terminate the employment An employer may terminate the services of the
relationship at any time before the expiration of the domestic worker at any time before the expiration of
employment contract for any of the following causes: the contract, for any of the following causes:

(a) Verbal or emotional abuse of the domestic worker (a) Misconduct or willful disobedience by the domestic
by the employer or any member of the household; worker of the lawful order of the employer in
connection with the former’s work;
(b) Inhuman treatment including physical abuse of the
domestic worker by the employer or any (b) Gross or habitual neglect or inefficiency by the
member of the household; domestic worker in the performance of duties;

(c) Commission of a crime or offense against the (c) Fraud or willful breach of the trust reposed by the
domestic worker by the employer or any member of employer on the domestic worker;
the household;
(d) Commission of a crime or offense by the domestic
(d) Violation by the employer of the terms and worker against the person of the employer or any
conditions of the employment contract and other immediate member of the employer’s family;
standards set forth under this law;
(e) Violation by the domestic worker of the terms and
(e) Any disease prejudicial to the health of the conditions of the employment contract and other
domestic worker, the employer, or member/s of the standards set forth under this law;
household; and
(f) Other causes analogous to the foregoing. (f) Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household;
and

(g) Other causes analogous to the

foregoing. [Sec. 34, RA 10361]

Unjust dismissal
Neither the domestic worker nor the employer may terminate the contract before the expiration of the
term except for grounds provided in Sec. 33 and 34 of RA 10361. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of
15 days work by way of indemnity.

Leaving without justifiable reason by the domestic worker

(a) any unpaid salary due not exceeding the equivalent 15 days work shall be forfeited
(b) the employer may recover from the domestic worker the costs incurred related to the deployment
expenses, if any: Provided, that the service has been terminated within 6 months from the domestic
worker’s employment.

Employment Certification
ER shall give the househelper a written statement of the nature and duration of the service and his or
her work performance as househelper upon severance. Employer shall issue the domestic worker
within 5 days from the request a certificate of employment indicating the nature, duration of the service
and work performance.
 Criminal Aspect of Labor Code

THE MIGRANT WORKERS AND OVERSEAS

RA 10022 FILIPINOS ACT OF 1995, AS AMENDED,
FURTHER IMPROVING THE STANDARD OF
PROTECTION AND PROMOTION OF THE
WELFARE OF MIGRANT WORKERS, THEIR
FAMILIES AND OVERSEAS FILIPINOS IN
DISTRESS, AND FOR OTHER PURPOSES
RA 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995
RA 10364 THE EXPANDED ANTI-TRAFFICKING IN
PERSONS ACT OF 2012
RA 9231 AN ACT PROVIDING FOR THE ELIMINATION
OF THE WORST FORMS OF CHILD LABOR
AND AFFORDING STRONGER PROTECTION
FOR THE WORKING CHILD, AMENDING FOR
THIS PURPOSE REPUBLIC ACTNO. 7610, AS
AMENDED, OTHERWISE KNOWN AS THE
"SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION ACT"
RA 9241 AN ACT AMENDING REPUBLIC ACT NO. 7875,
OTHERWISE KNOWN AS "AN ACT
INSTITUTING A NATIONAL HEALTH
INSURANCE PROGRAM FOR ALL FILIPINOS
AND ESTABLISHING THE PHILIPPINE HEALTH
INSURANCE CORPORATION FOR THE
PURPOSE
RA 8282 AN ACT FURTHER STRENGTHENING THE
SOCIAL SECURITY SYSTEM THEREBY
AMENDING FOR THIS PURPOSE, REPUBLIC
ACT NO. 1161, AS AMENDED, OTHERWISE
KNOWN AS THE SOCIAL SECURITY LAW
RA 8291 AN ACT AMENDING PRESIDENTIAL DECREE
NO. 1146, AS AMENDED, EXPANDING AND
INCREASING THE COVERAGE AND BENEFITS
OF THE GOVERNMENT SERVICE INSURANCE
SYSTEM, INSTITUTING REFORMS THEREIN
AND FOR OTHER PURPOSES
 PROVISIONS
ART. 84. Hours Worked.
Hours worked shall include (a) all time during which an
employee is required to be on duty or to be at a
prescribed workplace; and (b) all time during which an
employee is suffered or permitted to work. Rest
periods of short duration during working hours shall be
counted as hours worked.
ART. 87. Overtime Work.
Work may be performed beyond eight (8) hours a day
provided that the employee is paid for the overtime
work, an additional compensation equivalent to his
regular wage plus at least twenty-five percent (25%)
thereof. Work performed beyond eight hours on a
holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight
hours on a holiday or rest day plus at least thirty
percent (30%) thereof.
ART. 92. When Employer May
Require Work on a Rest Day.
The employer may require his employees to work on
any day:
(a) In case of actual or impending emergencies caused
by serious accident, fire, flood, typhoon, earthquake,
epidemic or other disaster or calamity to prevent loss
of life and property, or imminent danger to public
safety;
(b) In cases of urgent work to be performed on the
machinery, equipment, or installation, to avoid serious
loss which the employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to
special circumstances, where the employer cannot
ordinarily be expected to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous
operations and the stoppage of work may result in
irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to
the foregoing as determined by the Secretary of Labor
and Employment.
ART. 95. Right to Service Incentive Leave.
(a) Every employee who has rendered at least one
year of service shall be entitled to a yearly service
incentive leave of five days with pay.
(b) This provision shall not apply to those who are
already enjoying the benefit herein provided, those
enjoying vacation leave with pay of at least five days
and those employed in establishments regularly
ART. 86. Night-Shift Differential.
Every employee shall be paid a night shift differential
of not less than ten percent (10%) of his regular wage
for each hour of work performed between 10PM –
6AM.
ART. 91. Right to Weekly Rest Day.
(a) It shall be the duty of every employer, whether
operating for profit or not, to provide each of his
employees a rest period of not less than twenty-four
(24) consecutive hours after every six (6) consecutive
normal work days.
(b) The employer shall determine and schedule the
weekly rest day of his employees subject to collective
bargaining agreement and to such rules and
regulations as the Secretary of Labor and Employment
may provide. However, the employer shall respect the
preference of employees as to their weekly rest day
when such preference is based on religious grounds.
ART. 94. Right to Holiday Pay.
(a) Every worker shall be paid his regular daily wage
during regular holidays, except in retail and service
establishments regularly employing less than ten (10)
workers; (b) The employer may require an employee to
work on any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate; and
(c) As used in this article, Holiday includes: New Years
day, Maundy Thursday, Good Friday, the ninth of April,
the first of May, the twelfth of June, the fourth of July,
the thirtieth of November, the twenty-fifth and thirtieth
of December and the day designated by law for
holding a general election.
ART. 99. Regional Minimum Wages.
The minimum wage rates for agricultural and non-
agricultural employees and workers in each and every
region of the country shall be those prescribed by the
Regional Tripartite Wages and Productivity Boards.
 employing less than ten employees or in
establishments exempted from granting this benefit by
the Secretary of Labor and Employment after
considering the viability or financial condition of such
establishment.
(c) The grant of benefit in excess of that provided
herein shall not be made a subject of arbitration or any
court or administrative action
ART. 100. Prohibition Against Elimination or ART. 107. Indirect Employer.
Diminution of Benefits.
The provisions of the immediately preceding article
Nothing in this Book shall be construed to eliminate or shall likewise apply to any person, partnership,
in any way diminish supplements, or other employee association or corporation which, not being an
benefits being enjoyed at the time of promulgation of employer, contracts with an independent contractor for
this Code. the performance of any work, task, job or project
ART. 106. Contractor or Subcontractor.

Whenever an employer enters into a contract with another person for the performa accordance with the
provisions of this Code. In the event that the contractor or subcontractor fails to pay the wages of his
employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or
subcontractor to such employees to the extent of the work performed under the contract, in the same manner
and extent that he is liable to employees directly employed by him. The Secretary of Labor and Employment
may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers
established under this Code. In so prohibiting or restricting, he may make appropriate distinctions between
labor-only contracting and job contracting as well as differentiations within these types of contracting and
determine who among the parties involved shall be considered the employer for purposes of this Code, to
prevent any violation or circumvention of any provision of this Code. There is "labor-only" contracting where the
person supplying workers to an employer does not have substantial capital or investment in the form of tools,
equipment, machineries, work premises, among others, and the workers recruited and placed by such person
are performing activities which are directly related to the principal business of such employer. In such cases,
the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to
the workers in the same manner and extent as if the latter were directly employed by him.
ART. 108. Posting of Bond. ART. 109.

An employer or indirect employer may require the
contractor or subcontractor to furnish a bond equal to
the cost of labor under contract, on condition that the
bond will answer for the wages due the employees
should the contractor or subcontractor, as the case
may be, fail to pay the same.
Solidary Liability. The provisions of existing laws to the
contrary notwithstanding, every employer or indirect
employer shall be held responsible with his contractor
or subcontractor for any violation of any provision of
this Code. For purposes of determining the extent of
their civil liability under this Chapter, they shall be
considered as direct employers

ART. 110. Worker Preference in Case of ART. 111. Attorney's Fees.

Bankruptcy.
(a) In cases of unlawful withholding of wages, the
In the event of bankrupcy or liquidation of an amount of wages, the culpable party may be assessed
employers busines, his workers shall enjoy first attorneys fees equal to 10% of the amount of wages
preference as regards their wages and other monetary recovered.
claims, any provisions of law to the contrary (b) It shall be unlawful for any person to demand or
notwithstanding. Such unpaid wages and monetary accept, in any judicial or administrative proceedings for
claims shall be paid in full before claims of the the recovery of wages, attorneys fees which exceed
government and other creditors may be paid. ten percent of the amount of wages recovered.
ART. 128. Visitorial and Enforcement Power.

(a) The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation
officers, shall have access to employer's records and premises at any time of the day or night whenever work is
 being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact,
condition or matter which may be necessary to determine violations or which may aid in the enforcement of this
Code and of any labor law, wage order or rules and regulations issued pursuant thereto
ART. 129. Recovery of Wages, Simple Money Claims and Other Benefits.

Upon complaint of any interested party, the Regional Director of the Department of Labor and Employment or
any of the duly authorized hearing officers of the Department is empowered, through summary proceeding and
after due notice, to hear and decide any matter involving the recovery of wages and other monetary claims and
benefits, including legal interest, owing to an employee or person employed in domestic or household service
or househelper under this Code, arising from employer-employee relations: Provided, That such complaint
does not include a claim for reinstatement: Provided, further, That the aggregate money claims of each
employee or househelper do not exceed five thousand pesos (P5,000.00). The Regional Director or hearing
officer shall decide or resolve the complaint within thirty (30) calendar days from the date of the filing of the
same. Any sum thus recovered on behalf of any employee or househelper pursuant to this Article shall be held
in a special deposit account, and shall be paid, on order of the Secretary of Labor and Employment or the
Regional Director directly to the employee or househelper concerned. Any such sum not paid to the employee
or househelper, because he cannot be located after diligent and reasonable effort to locate him within a period
of three (3) years, shall be held as a special fund of the Department of Labor and Employment to be used
exclusively for the amelioration and benefit of workers. Any decision or resolution of the Regional Director or
hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 22392 of
this Code, within five (5) calendar days from receipt of a copy of said decision or resolution, to the National
Labor Relations Commission which shall resolve the appeal within ten (10) calendar days from the submission
of the last pleading required or allowed under its rules The Secretary of Labor and Employment or his duly
authorized representative may supervise the payment of unpaid wages and other monetary claims and
benefits, including legal interest, found owing to any employee or house helper under this Code
ART. 172. Policy. ART. 179. Extent of Liability.

The State shall promote and develop a tax-exempt Unless otherwise provided, the liability of the State
employees compensation program whereby Insurance Fund under this Title shall be exclusive and
employees and their dependents, in the event of work- in place of all other liabilities of the employer to the
connected disability or death, may promptly secure employee, his dependents or anyone otherwise
adequate income benefit and medical related benefits. entitled to receive damages on behalf of the employee
or his dependents. The payment of compensation
under this Title shall not bar the recovery of benefits as
provided for in Section 699 of the Revised
Administrative Code, Republic Act Numbered Eleven
Hundred Sixty-One, as amended, Republic Act
Numbered Six Hundred Ten, as amended, Republic
Act Numbered Forty-Eight Hundred SixtyFour, as
amended, and other laws whose benefits are
administered by the System or by other agencies of
the government.
ART. 180.Liability of Third Parties. (a) When the ART. 207 Prescriptive Period.
disability or death is caused by circumstances creating
a legal liability against a third party, the disabled No claim for compensation shall be given due course
employee or the dependents, in case of his death, unless said claim is filed with the System within three
shall be paid by the System under this Title. In case (3) years from the time the cause of action accrued.
benefit is paid under this Title, the System shall be
subrogated to the rights of the disabled employee or
the dependents, in case of his death, in accordance
with the general law. (b) Where the System recovers
from such third party damages in excess of those paid
or allowed under this Title, such excess shall be
delivered to the disabled employee or other persons
entitled thereto, after deducting the cost of
proceedings and expenses of the System