LABOR LAW

Enactment of Labor Code of the Philippines or Presidential Decree 442, as

amended

Under the Constitution, the State shall promote social justice in all phases of national
development. Labor, by reason of its economic dependence upon capital, is deemed the weaker
of the two and needs the protection of the State. Without such protection, workers are easy
objects of exploitation. Oppression, without redress, may force workers to take the law into their
own hands. of exploitation. Oppression, without redress, may force workers to take the law into
their own hands.

Basic Rights of Workers under the Constitution of the Philippines

A. Under Labor Standards

a. Right to Security of Tenure
b. Right to Receive a living wage
c. Right to a just Share in the Fruits of Production
d. Right to work under Humane Condition
B. Under Labor Relations
a. Right to Conduct collective bargaining or negotiation with management
b. Right to organize themselves
c. Right to Participate in Policy and Decision-making processes
d. Right to Engage in a peaceful concerted activities including strike.

How many books comprises the Labor Code?

The Labor Code comprises of seven (7) books which are:

Book I – Pre-employment
Book II – Human Resource Development Program
Book III – Conditions of employment
Book IV – Health, Safety & Welfare Benefits
Book V – Labor Relations
Book VI – Post-employment
Book VII – Prescription, transitory & final provisions

PRELIMINARY TITLE

What is Labor?

§ It is the exertion by human beings of physical or mental efforts, or both, towards the
production of goods and services.
§ It also means that sector or group in a society, which derives its livelihood chiefly from
rendition of work or services in exchange for compensation under managerial direction
(Mendoza, Philippine Labor Standards and Welfare Legislation, (2001))

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What is the purpose of labor legislation?

§ State comes in inorder to regulate the relationship between ER and EE. It is an exercise of
the police power in order to achieve social justice.
§ It is intended to correct the injustices, the employer being dominant over the employee,
inherent in every Employer-Employee relationship by putting the employer and the
employee on the same footing.
§ Labor Legislation consists of Statutes, regulations and jurisprudence governing the relations
between capital and labor, by providing for certain employment standards and a legal
framework for negotiating, adjusting and administering those standards and other incidents
of employment. (Azucena, The Labor Code, 2013)

Labor Law vs. Social Legislation

Labor Law Social Legislation

governs the rights and duties of employers and
employees, first with respect to the terms and
conditions of employment and second, with
respect to the labor disputes arising from
collective bargaining respecting such terms and
conditions.
2 major labor divisions:
1. Labor Standards
2. Labor Relations
Laws that provide particular kinds of
protection or benefits to society or segments
thereof in furtherance of social justice.
Includes statutes intended to enhance the
welfare of the people even when there is no
employer-employees relationship.

Labor Standards vs. Labor Relations

Labor Standards Labor Relations

It prescribes and focuses the terms and
conditions of employment.
deals with the minimum standards as to wages,
hours of work and other terms and conditions of
employment that employers must provide their
employees. (Maternity Children’s Hospital v.
Secretary of Labor, G.R. No. 78909, June 30,
1989)
It regulates the status, rights and relations of
Employer-Employee relationship.
defines the status, rights and duties as well as
the institutional mechanisms that govern the
individual and collective interactions between
employers, employees and their
representatives. (Azucena, The Labor Code,
2013)

Article 3: Declaration of Basic Policy (Labor Code)

The State shall:

1. Afford Protection to labor
2. Promote full employment
3. Ensure equal work opportunities regardless of sex, race or creed
4. Regulate the relations between workers and employers
5. Assure the rights of workers:
a. Collective bargaining
b. Just and humane conditions of work

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c. Self-organization
d. Security of tenure
LABOR STANDARDS

§ General rule: Shall apply to employees in all establishments and undertakings whether
for profit or not. [Art. 82, LC]

§ Exceptions (those NOT covered by Art. 82):

(1) Government employees [Art. 82; Art. 76]
(2) Managerial Employees including members of the managerial staff [Art. 82]
(3) Field Personnel [Art. 82]
(4) Members of the family of the employer who are dependent on him for support [Art.
82];
(5) Domestic helpers and persons in personal service of another
6) Workers who are paid by result as determined by DOLE regulation

§ Employer vs. Employee

Employer Employee
a person or organization that employs a person employed by another person or
someone. organization for wages or salary.

§ Elements of Employer-Employee Relationship or Four-Fold Test

1) Selection and engagement of the employee
2) Payment of wages
3) Power of dismissal
4) Power to control.

§ Kinds of Employment:

1. Probationary - A probationary employee is one who is made to go on a trial period by

an employer during which the employer determines whether or not he is qualified for
permanent employment, based on reasonable standards made known to him at the
time of engagement.
2. Regular - A regular employee is one who is engaged to perform activities which are
necessary and desirable in the usual business or trade of the employer as against
those which are undertaken for a specific project or are seasonal.
3. Project - A project employee is one who is hired for carrying out a separate job,
distinct from the other undertakings of the company, the scope and duration of which
has been determined and made known to the employees at the time of employment.
4. Seasonal - Seasonal employees are those whose work or services to be performed are
seasonal in nature, employment is for the duration of the season.
5. Casual - A casual employee is engaged to perform a job, work or service which is
merely incidental to the business of the employer, and such job, work or service is for
a definite period made known to the employee at the time of engagement.

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6. Fixed Term – a fixed term employee is employed for a specific period agreed by both
parties voluntarily without any force, duress, or improper pressure or any other
circumstances vitiating his consent.

BOOK 1 – Pre-Employment

Who is a WORKER?

§ is any member of labor force, whether employed or unemployed.

What is Recruitment and Placement?

§ it refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or

procuring workers and includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided, That any person or
entity which, in any manner, offers or promises for a fee, employment to two or more
persons shall be deemed engaged in recruitment and placement. (Art. 13(b), LC)

Private Employment Agency vs. Private Recruitment Entity

Private Employment Agency Private Recruitment Entity

means any person or entity engaged in
recruitment and placement of workers for a
fee which is charged, directly or indirectly,
from the workers or employers or both
means any person or association engaged in
the recruitment and placement of workers,
locally or overseas, without charging, directly
or indirectly, any fee from the workers or
employees

The State shall allow the deployment of overseas Filipino workers only in countries where the
rights of Filipino migrant workers are protected.

What is an Overseas Filipino Worker?

§ refers to a person who is to be engaged, is engaged or has been engaged in a remunerated

activity in a state of which he or she is not a citizen or on board a vessel navigating the
foreign seas other than a government ship used for military or non- commercial purposes
or on an installation located offshore or on the high seas; to be used interchangeably with
migrant worker. (RA 10022)

§ Direct Hiring
General Rule: No employer may hire a Filipino worker for overseas employment except
through the Boards and entities authorized by the Secretary of Labor. [Art. 18, LC]

Exceptions:
(1) Members of the diplomatic corps;
(2) International organizations;
(3) Such other employees as may be allowed by the Sec. of Labor;
(4) Name hirees – those individuals who are able to secure contracts for overseas
employment on their own efforts and representation without the assistance or

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participation of any agency. Their hiring, nonetheless, has to be processed through the
POEA.

What is Illegal Recruitment?

§ mean any act of canvassing, enlisting, contracting, transporting, utilizing, 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 non-
holder of authority: 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.

It shall likewise include engaging in prohibited acts enumerated, whether committed by any
person, whether a non-licensee, non-holder, licensee or holder of authority.

§ Two kinds of Illegal Recruitment:

Simple Illegal Recruitment Illegal Recruitment involving Economic

Sabotage
It involves less than 3 victims or recruiters. Large Scale – committed against three (3) or
more persons individually or as a group.

Syndicated – carried out by a group of three

(3) or more persons conspiring or
confederating with one another.
Period for prosecution: 5 years Period for prosecution: 20 years

BOOK 2 – Human Resources Development Program

Apprentice Learner
definition a person undergoing training for Persons hired as trainees in
an approved apprenticeable semiskilled and other industrial
occupation during an occupations which are non-
apprenticeship agreement. apprenticeable and which may be
learned through practical training
“Apprenticeable Occupation” is on the job in a relatively short
an occupation officially endorsed period of time which shall not
by a tripartite body and approved exceed three (3) months
to be apprenticeable by the
authority.
qualifications (a) Be at least 15 years of age; Learners may be employed
(b) Possess vocational aptitude when:
and capacity for appropriate a) No experienced workers are
tests; and available;
(c) Possess the ability to b) The employment of learner is
comprehend and follow oral and necessary to prevent
written instructions. Trade and curtailment of employment
industry associations may opportunities; and
recommend to the Secretary of

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Labor appropriate educational c) The employment does not

requirements for different create unfair competition in
occupations. terms of labor costs or imapair
(d) Physically fit for occupation or lower working standards.

Employment of 1) Only employers in highly (1) No experienced workers are

Apprentices technical industries may employ available;
apprentices; and (2) The employment of learners
(2) Only in apprenticeable being necessary to prevent the
occupations approved by the curtailment of employment
Secretary of Labor. opportunities; (3) The
employment will neither create
GR: no obligation to hire, worker unfair competition in terms of
is not considered as an employee. labor costs nor impair working
standards.

GR: ER with an obligation to

employ the learner as regular
employee if he desires upon
completion of learnership.
period 3-6 months Not to exceed 3 months
focus of training Highly-skilled or technical Semi-skilled/ industrial
industries and in industrial occupation (non-apprenticeable)
occupation.

Handicapped Workers
§ Disabled Persons are those suffering from restriction or different abilities, as a result of
a mental, physical or sensory impairment, to perform an activity in the manner or within
the range considered normal for a human being
§ Disability shall mean:
(a) physical or mental impairment that substantially limits one or more psychological,
physiological or anatomical function of an individual or activities of such individual; OR
(b) a record of such an impairment; OR
(c) being regarded as having such an impairment
§ Handicap refers to a disadvantage for a given individual, resulting from an impairment
or a disability that limits or prevents the function, or activity that is considered normal
given the age and sex of the individual.
§ Coverage.
This Act shall covers all disabled persons and, to the extend herein provided,
departments, offices and agencies of the National Government or non-government
organization involved in the attainment of the objectives of this Act.
§ Rights of disabled workers
(1) Equal opportunity for employment
(2) Reserved contractual positions
(3) Sheltered employment-refers to the provision of productive work for disabled
persons through workshop providing special facilities, income producing projects or
homework schemes with a view to given them the opportunity to earn a living thus
enabling them to acquire a working capacity required in open industry.

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BOOK 3 – Conditions of Employment

Benefits Granted under Book 3, Title 1

1. Right to regular working hours

2. Right to Regular working Days
3. Right to regular meal periods
4. Right to weekly rest periods
5. Right to overtime work
6. Right to night-shift differential pay
7. Right to compensation for holiday work
8. Right to additional compensation in scheduled rest day, Sunday or special holiday work;
9. Right to service incentive leave; and
10. Right to a share in the collected service charges.

HOURS OF WORK
§ General Rule: The normal hours of work of any employee shall not exceed eight (8)
hours a day. [Art. 83, LC]
§ EXCEPTIONS to 8-Hour Law: Work Hours of Health Personnel Health personnel in:
(1) Cities and municipalities with a population of at least one million (1,000,000) OR
(2) Hospitals and clinics with a bed capacity of at least one hundred (100) shall hold
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 or forty-eight (48) hours, in which case, they shall be entitled to an
additional compensation of at least thirty percent (30%) of their regular wage for work
on the sixth day.
§ Hours worked shall include:
(1) All time during which an employee is required to be on duty or to be at a
prescribed workplace; AND
(2) 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. 84, par. 2, LC] Rest periods or coffee breaks running from five (5) to twenty (20)
minutes shall be considered as compensable working time.
§ FLEXIBLE WORK ARRANGEMENTS -These are alternative arrangements or schedules
other than the standard work hours, workdays, and workweek. Their effectivity and
implementation shall be temporary in nature.
§ Compressed Work Week (CWW) - Under the CWW scheme, the normal workday goes
beyond eight hours without the corresponding overtime premium. The total hours of
work, however, shall not exceed 12 hours a day or 48 hours a week, or the employer is
obliged to pay the worker the overtime premium in excess of said work hours.

REST DAYS
§ The employer has the duty, whether operating for profit or not, to provide each
employees a rest period 24 hours after six consecutive normal working days.
§ No work, no pay applies.

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MEAL PERIODS

§ It should not be less than 60 minutes which is non-compensable except if during the
said meal period, the laborers are required to standby for emergency work.
§ The 60 minute may be shortened but not be less than 20 minutes and it should be
compensable under the following circumstances:
1) Where the work is non-manual work in nature or does not involve strenuous
physical exertion;
2) Where the establishment regularly operates not less than 16 hours a day;
3) Rest periods or coffee breaks running for 5-20 minutes shall be considered as
compensable.

OVERTIME WORK

§ Overtime work – work rendered by employee beyond the normal hours as foxed by law
or by the employer voluntarily practice or policy.
§ Overtime pay - an additional compensation work performed beyond eight (8) hours
within the worker’s 24 hour workday regardless whether work covers two calendar days.
§ Basis for computation of overtime Pay – regular basic wage incudes cash wage only,
without any deduction on account of facilities provided by the employer.
§ Rates:
(1) OT on Regular Work day - the employee is paid for the overtime work, an additional
compensation equivalent to his regular wage plus at least twenty five percent (25%)
thereof.
(2) OT on holiday or Rest day - 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.

NIGHT SHIIFT DIFFERENTIAL

§ Night worker - Any employed person whose work requires performance of a substantial
number of hours of night work which exceed a specified limit. Any employed person
whose work covers the period from 10 o’clock in the evening to 6 o’clock the following
morning, provided that the worker performs no less than 7 consecutive hours of work.
§ Night Shift Differential/ (NSD) – is an additional compensation of not less than 10%
of an employee’s regular wage for every hour of work done between 10:00PM to 6:00AM,
whether or not such period is part of the worker’s regular shift.
§ General Rule: All employees are Entitled to NSD.
§ Exceptions:

1) Those not covered by Labor Standards

2) Employees of retail and service establishments regularly employing not more than 5
workers.

§ Mandatory Facilities shall be made available for workers performing night work, which
include the following:
(a) Suitable first-aid and emergency facilities
(b) Lactation station in required companies pursuant to RA 10028

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HOLIDAYS PAY

§ Holiday Pay – refers to the payment of the regular daily wage for any unworked regular
holiday.
§ GR: applies to all employees.
§ Exception :
1) Those not covered by Labor Standards
2) Those of retail and service establishments regularly employing lee than 10
workers.
§ Rule on compensability: it is compensable whether worked or unworked subject to
certain conditions.
§ An employer may require an employee to work on any holiday but such employee shall
be paid a compensation equivalent to twice his regular rate. [Art. 94(b)]
§ Double holiday pay if two holidays fall on the same day: (1) If unworked, 200% of basic
wage. (2) If worked, 300% of basic wage.

LEAVES

Service Incentive Leave

§ SIL is a five-day leave with pay for every employee who has rendered at least 1 year of
service.
§ GR: SIL applies to every employee who has rendered at least one year of service.
§ EXCEPTION:
1. Those not covered by Labor Standards
2. Those who are already enjoying the benefit herein provided;
3. Those enjoying vacation leave with pay of at least 5 days ;
4. Those employed in establishments regularly employing less than 10 employees.

§ The service incentive leave shall be commutable to its money equivalent if not used or
exhausted at the end of the year.

Maternity Leave (RA 1161)

§ Every pregnant woman in the private sector, whether married or unmarried, is entitled
to the maternityleave benefits. Applicable to both childbirth and miscarriage.
§ Requisites
(1) Employment: A female employee employed at the time of delivery, miscarriage or
abortion
(2) Contribution: who has paid at least 3 monthly contributions in the 12-month period
immediately preceding the semester of her childbirth, or miscarriage. (3) Notice:
employee notified employer of her pregnancy and the probable date of her childbirth,
which notice shall be transmitted to the SSS in accordance with the rules and
regulations it may provide.
§ PERIOD: 105 days, no more limits as to claiming the said benefits.

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Paternity Leave (RA 8187)

§ Paternity leave is granted to all married male employees in the private and public
sectors, regardless of their employment status
§ It shall be for 7 calendar days, with full payment of his basic salary.
§ Requisites:

(1) He is married;
(2) He is an employee at the time of the delivery of his child;

(3) He is cohabiting with his spouse at the time that she gives birth or suffers a
miscarriage;
(4) He has applied for paternity leave with his ER within a reasonable period of time
from the expected date of delivery by his pregnant spouse, or within such period as may
be provided by company rules and regulations, or by CBA; and,

(5) His wife has given birth or suffered a miscarriage.

Parental Leave (RA 8972)

§ Leave benefits granted to a solo parent to enable him/her to perform parental duties
and responsibilities where physical presence is required.
§ The parental leave is in addition to leave privileges under existing laws with full pay,
consisting of basic salary and mandatory allowances. It shall not be more than seven
(7) working days every year.

Leaves for Victims of Violence Against Women (RA 9262)

§ This is granted to women employees who are victims of violence.

§ The leave benefit covers the days that the women employee has to attend medical or
legal concerns or up to 10 days.

Special Leave Benefits (SLB) for women (RA 9710)

§ A female employee’s leave entitlement of two (2) months with full pay from her employer
based on her gross monthly compensation following surgery caused by gynecological
disorders, provided that she has rendered continuous aggregate employment service of
at least six (6) months for the last 12 months.

SERVICE CHARGES

§ 100% of the service charges collected by businesses must now be divided up and paid
out equally to their employees.

13th MONTH PAY AND OTHER BONUSES

§ General Rule: All employers are required to pay all their rank and file employees a 13th
month pay not later than December 24 of every year, provided that they have worked
for at least one month during the said calendar year.

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§ Exception:

(1) Government, its political subdivisions, including GOCCs except those operating
essentially as private subsidiaries of the Government;
(2) Employers already paying their employees a 13th month pay or more in a calendar
year or its equivalent at the time of this issuance; and

(3) Employers of those who are paid on purely commission, boundary or task basis
and those who are paid a fixed amount for performing specific work, irrespective of the
time consumed in the performance thereof (except those workers who are paid on
piece-rate basis, in which case their employer shall grant them 13th month pay).

§ Amount: 1/12 of the total basic salary earned by an employee within a calendar year

WAGES

§ Wages is the remuneration or earnings, however designated, capable of being expressed

in terms of money, whether fixed or ascertained on a time, task, piece, or commission
basis, or other method of calculating the same, which is payable by an employer to an
employee under a written or unwritten contract of employment for work done or to be
done, or for services rendered or to be rendered and
includes the fair and reasonable value, as determined by the Secretary of Labor and
Employment, of board, lodging, or other facilities customarily furnished by the employer
to the employee .
§ General Rule: the age old rule governing the relation between labor and capital or
management and employee is that a "fair day's wage for a fair day's labor."
§ Exception: When the laborer was able, willing and ready to work but was illegally locked
out, suspended or dismissed, or otherwise illegally prevented from working.
§ WAGE vs. SALARY

WAGE
The compensation for skilled or unskilled
manual labor.
Not subject to execution, garnishment or
attachment except for debts related to
necessities
SALARY
Paid to white collar workers and denote a
higher grade of employment.
Not exempt from execution, garnishment
or attachment

§ Wage or salary includes commission, facilities and commodities/supplements.

§ Statutory minimum wage is the lowest wage rate fixed by law that an ER can pay his
workers.
§ DEDUCTIONS FROM WAGES
General Rule: No employer, in his own behalf or in behalf of any person, shall make
any deduction from the wages of his employees.
Exceptions:
(1) In cases where the worker is insured with his consent by the employer, and the
deduction is to recompense the employer for the amount paid by him as premium on
the insurance;

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(2) For union dues, in cases where the right of the worker or his union to check-off has
been recognized by the employer or authorized in writing by the individual worker
concerned; and
(3) In cases where the employer is authorized by law or regulations issued by the
Secretary of Labor and Employment (Art. 113, LC), such as:
(a) Employee debt to employer is due and demandable (Art. 1706, CC);
(b) Attachment or execution in cases of debts incurred for necessities: food, shelter,
clothing, medical attendance (Art. 1708, CC);
(c) Withholding tax;
(d) Deductions of a legally established cooperative;
(e) Payment to 3rd parties upon written authority by employee;
(f) Deductions for loss or damage;
(g) SSS, PhilHealth, Pag-IBIG premiums;
(h) Deduction for value meals and other facilities.
§ It shall be unlawful to make any deduction from the wages of any employee for the
benefit of the employer as consideration of a promise of employment or retention in
employment. [Art. 117, LC] or to retaliate against the employee who filed a complaint.
[Art. 118, LC]
§ WAGE DISTORTION/RECTIFICATION is 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
§ PAYMENT OF WAGES: General rule: Paymentt by legal tender.
§ Exception: Payment by check or money order may be allowed.
§ Form of payments which the employer is not allowed to use:
1. Vouchers
2. Promissory notes
3. Any object other than legal tender
4. Coupons
5. Chits
6. Tokens
7. Tickets
§ TIME OF PAYMENT: GR: Atleast once every two weeks or twice a month at intervals
not exceeding 16 days.
§ Exceptions:
1. Force majeure or beyond employer’s control, payment must be made immediately
after such occurrence has ceased.
2. In case of payment of wages by result involving work which cannot be completed
in 2 weeks.
§ PLACE OF PAYMENT: GR: At or near the place of undertaking
§ No employer shall pay his employees in any bar, night or day club, drinking
establishment, massage clinic, dance hall or other similar places or in places where
games are played with stakes of money or things representing money, except in case
the persons employed in said paces.

WOMEN WORKERS
§ It shall be unlawful for any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of her sex. The following
are acts of discrimination:

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(1) Payment of a lesser compensation, including wage, salary or other form of

remuneration and fringe benefits, to a female employees as against a male employee, for
work of equal value; and
(2) Favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes.

MINOR WORKERS
§ General Rule: No children below 15 shall be employed.
§ Exception:
(1) When a child works directly under the sole responsibility of his/her parents or legal
guardian and where only members of his/her family are employed: Provided, however,
That his/her employment neither endangers his/her life, safety, health, and morals, nor
impairs his/her normal development: Provided, further, That the parent or legal guardian
shall provide the said child with the prescribed primary and/or secondary education; or
(2) Where a child's employment or participation in public entertainment or information
through cinema, theater, radio, television or other forms of media is essential: Provided,
That the employment contract is concluded by the child's parents or legal guardian, with
the express agreement of the child concerned, if possible, and the approval of the
Department of Labor and Employment: Provided, further, That the following
requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety, morals and normal
development of the child;
(b) The employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and the
duration and arrangement of working time; and
(c) The employer shall formulate and implement, subject to the approval and supervision
of competent authorities, a continuing program for training and skills acquisition of the
child.

§ Employment of Children from 15 to 18 is allowed even without permit but restricted to

non-hazardous work.
§ Non-hazardous work shall mean any work or activity in which the EE is not exposed to
any risk which constitutes an imminent danger to his safety and health.
§ The following are HAZARDOUS workplaces:
§ (1) Nature of the work exposes the workers to dangerous environmental elements,
contaminants or working conditions;
(2) construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring,
dock work, deep sea fishing, and mechanized farming;
§ (3) manufacture or handling of explosives and other pyrotechnic products;
(4) exposure to or use of heavy power-driven machinery or equipment;
§ (5) exposure to or use of power-driven tools
§ Working hours:
1. Below 15 – 4hours (daily), 20 hours (weekly), prohibited to work from 8pm to 6am.
2. 15 to below 18 – 8 hours (daily) , 40 hours (weekly), prohibited to work from 10pm
to 6am.

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HOUSE HELPERS VS. HOMEWORKERS

HOUSEHELPERS HOMEWORKERS
A house helper ministers to the personal A homeworker performs in or about his home
needs and comfort of his employer in the any processing or fabrication of goods or
latter’s home. materials, in whole or in part, which have
been furnished directly or indirectly by an
employer and thereafter sold or returned to
the latter.

BOOK 4 – Health, Safety and Welfare Benefits

MEDICAL AND DENTAL SERVICES

1. 10 – 50 Employees – graduate first-aider

2. 51 – 200 Employees
a. Hazardous Workplace – full-time registered nurse
b. Non-hazardous workplace – graduate first-aider
3. 201 – 300 Employees
a. Full-time registered nurse
b. Part-time physician
c. Part-time dentist; and
d. Emergency Clinic
4. 301 and above
a. Full-time physician
b. Full-time dentist
c. Full-time registered nurse
d. Dental clinic; and
e. Infirmary or emergency hospital with one bed capacity.

§ Emergency hospital and dental clinic is not required when:

1. There is a hospital or dental clinic within 5 kilometers from the workplace

or is accessible within 25-minute travel.
2. The employer makes for reservation therein of the necessary bed and
dental facilities for the use of his employees; and
3. Transportation is provided by the employer.

EMPLOYEES COMPENSATION AND STATE INSURANCE FUND

§ Workmen’s compensation is a general and comprehensive term applied to those law

providing for compensation for loss resulting from the injury, disablement, or death of
a workman through industrial accident, casualty or disease.

DISMISSAL FROM EPLOYMENT

§ Security of Tenure: In case of regular employment, the employer shall not terminate the services of an
employee except for a just cause or when authorized by this Tile. An employee who is unjustly dismissed
from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his

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full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed
from the time his compensation was withheld from him up to the time of his actual reinstatement.

-END-

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