Book

Three
Condi-ons of Employment
 Overview of Book Three
•  Title I – Working Condi-ons and Rest Periods
•  Title II – Wages
•  Title III - Working Condi-ons For
Special Groups of Employees
•  Chapter I – Employment of Women
•  Chapter II – Employment of Minors
•  Chapter III – Employment of Househelpers
•  Chapter IV – Employment of Homeworkers
•  Chapter V – Employment of Nightworkers
 Book Two – Title II
•  Chapter I – Appren-ces
•  Chapter II – Learners
•  Chapter III - PWDs
Chapter I – Employment of Women
Ar-cle:
•  130 – Night Work Prohibi-on
•  131 – Excep-ons
•  130 – Facili-es for Women
•  131 – Maternity Leave Benefits
•  132 – Family Planning Services
•  133 – Discrimina-on Prohibited
•  134 – S-pula-on Against Marriage
•  135 – Prohibited Acts
•  136 – Classifica-on of Certain Women Workers
 PT&T v. NLRC
G.R. No. 118978, May 23, 1997

•  Decreed in the Bible itself is the universal

norm that women should be regarded with
love and respect but, through the ages, men
have responded to that injunc-on with
indifference, on the hubris-c conceit that
women cons-tute the inferior sex.
 PT&T v. NLRC
G.R. No. 118978, May 23, 1997

•  Nowhere has that prejudice against

womankind been so pervasive as in the field
of labor, especially on the ma`er of equal
employment opportuni-es and standards..
 Rule on Coverage
•  Ar-cles 130 to 136 apply to all employers.
•  XPT:
–  The government and government-owned or
controlled corpora-ons.
–  Employers of household helpers and persons in
their personal service insofar as such workers are
concerned.
 ARTICLE 130. NIGHT WORK
PROHIBITION.
NO WOMAN, REGARDLESS OF AGE, SHALL BE EMPLOYED OR PERMITTED
OR SUFFERED TO WORK, WITH OR WITHOUT COMPENSATION:

(A) IN ANY INDUSTRIAL UNDERTAKING OR BRANCH THEREOF BETWEEN TEN

O'CLOCK AT NIGHT AND SIX O'CLOCK IN THE MORNING OF THE
FOLLOWING DAY; OR
(B) IN ANY COMMERCIAL OR NON-INDUSTRIAL UNDERTAKING OR BRANCH
THEREOF, OTHER THAN AGRICULTURAL, BETWEEN MIDNIGHT AND SIX
O'CLOCK IN THE MORNING OF THE FOLLOWING DAY; OR
(C) IN ANY AGRICULTURAL UNDERTAKING AT NIGHT TIME UNLESS SHE IS
GIVEN A PERIOD OF REST OF NOT LESS THAN NINE (9) CONSECUTIVE
HOURS.
 ARTICLE 131. EXCEPTIONS.
•  THE PROHIBITION PRESCRIBED BY THE PRECEDING ARTICLE SHALL NOT APPLY IN ANY OF THE
FOLLOWING CASES:
•  (A) IN CASES OF ACTUAL OR IMPENDING EMERGENCIES CAUSED BY SERIOUS ACCIDENT, FIRE,
FLOOD, TYPHOON, EARTHQUAKE, EPIDEMIC OR OTHER DISASTERS OR CALAMITY, TO PREVENT LOSS
OF LIFE OR PROPERTY OR IN CASES OF FORCE MAJEURE OR IMMINENT DANGER TO PUBLIC SAFETY;
•  (B) IN CASE OF URGENT WORK TO BE PERFORMED ON MACHINERIES, EQUIPMENT OR
INSTALLATION, TO AVOID SERIOUS LOSS WHICH THE EMPLOYER WOULD OTHERWISE SUFFER;
•  (C) WHERE THE WORK IS NECESSARY TO PREVENT SERIOUS LOSS OF PERISHABLE GOODS;
•  (D) WHERE THE WOMAN EMPLOYEE HOLDS A RESPONSIBLE POSITION OF MANAGERIAL OR
TECHNICAL NATURE, OR WHERE THE WOMAN EMPLOYEE HAS BEEN ENGAGED TO PROVIDE HEALTH
AND WELFARE SERVICE;
•  (E) WHERE THE NATURE OF THE WORK REQUIRES THE MANUAL SKILL AND DEXTERITY OF
WOMEN WORKERS AND THE SAME CANNOT BE PERFORMED WITH EQUAL EFFICIENCY BY MALE
WORKERS;
•  (F) WHERE THE WOMEN EMPLOYEES ARE IMMEDIATE MEMBERS OF THE FAMILY OPERATING THE
ESTABLISHMENT OR UNDERTAKING; AND
•  (G) UNDER OTHER ANALOGOUS CASES EXEMPTED BY THE SECRETARY OF LABOR AND
EMPLOYMENT IN APPROPRIATE REGULATIONS.
 ARTICLE 130. FACILITIES FOR WOMEN.
•  The Secretary of Labor and Employment shall establish standards
that will insure the safety and health of women employees. In
appropriate cases, he shall by regula*ons require any employer to:
•  (a) Provide seats proper for women and permit them to use such
seats when they are free from work and during working hours,
provided they can perform their du*es in this posi*on without
detriment to efficiency;
•  (b) To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
•  (c) To establish a nursery in a workplace for the benefit of the
women employees therein; and
•  (d) To determine appropriate minimum age and other standards
for re-rement or termina-on in special occupa-ons such as those
of flight a`endants and the like.
 RA 679
•  No woman, regardless of age, shall be
employed in any shop, factory, commercial or
industrial establishment or other place of
labor to perform work which requires the
employee to work always standing or which
involves the liming of heavy objects. (Sec&on
7(a))
 RA 679
•  Any viola-on of any provisions of this Act
shall be punished by:
–  a fine of not less than one hundred pesos nor
more than five thousand pesos, or
–  imprisonment for not less than thirty days nor
more than one year, or
–  both such fine and imprisonment, in the
discre-on of the Court. (Sec-on 12(d))
 Mandatory Lacta-on Sta-ons
•  Minimum Requirements in the Establishment
of Lacta-on Sta-ons.
–  Accessible to the breasneeding women.
–  Adequately provided with the necessary
equipment and facili-es and other items.
–  Clean, well ven-lated, comfortable and free from
contaminants and hazardous substances, and
–  Ensures privacy for the women to express their
milk and/or in appropriate cases, breasneed their
child.
In no case, however, shall the lactation
station be located in the toilet.
 Lacta-on Periods
•  Nursing employees are en-tled to break intervals in
addi*on to the regular *me-off for meals to
breasneed or express milk.
•  The employee shall no-fy their immediate supervisor
before leaving their sta-on.
•  These intervals which include the -me it takes an
employee to get to and from the workplace lacta-on
sta-on shall be counted as compensable hours
worked.
•  The DOLE may adjust the same but in no case shall
such intervals be less than 40 minutes for every 8-
hour working period.
 Lacta-on Periods
•  Dura-on and frequency of breaks may be
agreed upon by employees and employers
with the minimum being 40 minutes.

•  Usually, there could be 2-3 breastmilk

expressions las-ng to 15-30 minutes each
within a workday.
 ARTICLE 131. MATERNITY LEAVE
BENEFITS.
•  (a) Every employer shall grant to any pregnant woman employee, who has
rendered an aggregate service of at least six (6) months for the last twelve
(12) months, maternity leave of at least two (2) weeks prior to the
expected date of delivery and another four (4) weeks amer normal delivery
or abor-on, with full pay based on her regular or average weekly wages.
The employer may require from any woman employee applying for
maternity leave the produc-on of a medical cer-ficate sta-ng that
delivery will probably take place within two weeks.
•  (b) The maternity leave shall be extended without pay on account of
illness medically cer-fied to arise out of the pregnancy, delivery, abor-on
or miscarriage, which renders the woman unfit for work, unless she has
earned unused leave credits from which such extended leave may be
charged.
•  (c) The maternity leave provided in this Ar-cle shall be paid by the
employer only for the first four deliveries by a woman employee amer the
effec-vity of this Code.
 Sickness beyond maternity leave
•  When so requested by the woman employee, the
extension of her maternity leave beyond the four-
week post-delivery leave shall be paid by the
employer from her unused vaca*on and/or sick
leave credits, if any, or allowed without pay in
the absence of such leave credits, where the
extended leave is due to illness medically
cer-fied to arise out of her pregnancy, delivery,
complete abor-on or miscarriage which renders
her unfit for work. (Sec 9, Rule XII, Book III, Labor
Code IRR.)
 Sickness beyond maternity leave
•  Payment of daily maternity benefits shall be a bar
to the recovery of sickness benefits provided by
this Act for the same period for which daily
maternity benefits have been received (Sec-on
14-A, SSS Law)

•  She may claim sickness benefits beyond the

period covered by the maternity benefits if she
con-nues to be en-tled to sickness benefits.
 Special Leave Benefit for Women
•  Any female employee regardless of age and civil status shall be
en-tled to a special leave benefit subject to the following
condi-ons:

1.  She has rendered at least six (6) months con-nuous aggregate
employment service for the last twelve (12) months prior to
surgery;
2.  She has filed an applica-on for special leave with her employer
within a reasonable period of -me from the expected date of
surgery or within such period as may be provided by company
rules and regula-ons or collec-ve bargaining agreement; and
3.  She has undergone surgery due to gynecological disorders as
cer-fied by a competent physician.
 Special Leave Benefit for Women
•  “Gynecological disorders” refers to disorders
that would require surgical procedures such
as, but not limited to dilata-on and cure`age
and those involving female reproduc-ve
organs such as the vagina, cervix, uterus,
fallopian tubes, ovaries, breast, adnexa and
pelvic floor, as cer-fied by a competent
physician. It shall also include hysterectomy,
ovariectomy and mastectomy.
 Special Leave Benefit for Women
•  The employee is en-tled to special leave benefit of two (2) months
with full pay based on her gross monthly compensa-on. Gross
monthly compensa-on refers to the monthly basic pay plus
mandatory allowances fixed by the regional wage boards.

•  The special leave shall be granted to the qualified employee amer

she has undergone surgery without prejudice to an employer
allowing an employee to receive her pay before or during the
surgery.

•  The special leave shall be non-cumula-ve and non-conver-ble to

cash unless otherwise provided by a collec-ve bargaining
agreement (CBA).
•  Caesarean = 78 days
•  Normal = 60 days

•  Paternity leave = 7 days

 Ba`ered Woman Leave
•  Vic-ms of violence against women and
childrenshall be en-tled to take a paid leave of
absence up to ten (10) days in addi-on to the
statutory leaves.
•  Extendible where necessary pursuant to a
protec-on order.
ARTICLE 133. DISCRIMINATION PROHIBITED.
•  It shall be unlawful for any employer to
discriminate against any woman employee
with respect to terms and condi-ons of
employment solely on account of her sex.
ARTICLE 133. DISCRIMINATION PROHIBITED.
•  The following are acts of discrimina-on:

a)  Payment of a LESSER COMPENSATION, including

wage, salary or other form of remunera-on and
fringe benefits, to a female employee as against a
male employee, FOR WORK OF EQUAL VALUE; and

b)  FAVORING A MALE EMPLOYEE over a female

employee with respect to promo*on, training
opportuni*es, study and scholarship grant SOLELY
on account of their SEXES.
 RA 9710
•  A measure or prac-ce of general applica-on is
discrimina-on against women if
–  it fails to provide for mechanisms to offset or address
sex or gender-based disadvantages or limita*ons of
women, as a result of which women are denied or
restricted in the recogni-on and protec-on of their
rights and in their access to and enjoyment of
opportuni-es, benefits, or privileges; or
–  women, more than men, are shown to have suffered
the greater adverse effects of those measures or
prac-ces.
 RA 9710
•  "Gender Equity" refers to the policies,
instruments, programs, services, and ac-ons that
address the disadvantaged posi*on of women in
society by providing preferen*al treatment and
affirma*ve ac*on.
•  temporary special measures aimed at
accelera*ng de facto equality between men and
women
•  shall be discon(nued when the objec&ves of
equality of opportunity and treatment have been
achieved.
 ARTICLE 134. S-pula-on against
marriage.
•  It shall be unlawful for an employer

1.  to require as a condi-on of employment or

con-nua-on of employment that a woman
employee shall not get married;
 ARTICLE 134. S-pula-on against
marriage.
•  It shall be unlawful for an employer
1.  xxx;

2.  to s-pulate expressly or tacitly that upon geung

married a woman employee shall be deemed
resigned or separated;
 ARTICLE 134. S-pula-on against
marriage.
•  It shall be unlawful for an employer
1.  xxx;
2.  xxx;
3.  to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely
by reason of her marriage.
 Ar-cle 303. Penal-es.
•  Any viola*on of the provisions of this Code declared to be
unlawful or penal in nature shall be punished with
–  a FINE of not less P1,000.00 nor more than P10,000.00, or
–  IMPRISONMENTof not less than three months nor more than three
years, or
–  BOTHat the discre-on of the court.

•  In addi-on to such penalty, any alien found guilty shall be

summarily deported upon comple-on of service of sentence.
•  Except:
–  As otherwise provided in this Code, or
–  When the acts complained of hinges on a ques-on of interpreta-on or
implementa-on of ambiguous provisions of an exis-ng collec-ve
bargaining agreement,
 Duncan Associa-on of Detailman-PGTWO
v. GlaxoWellcome Phil.
GR 162994, September 17, 2004
•  “You agree to disclose to management any
exis-ng or future rela*onship you may have,
either by consanguinity or affinity with co-
employees or employees of compe*ng drug
companies. Should it pose a possible conflict
of interest in management discre(on, you
agree to resign voluntarily from the Company
as a ma;er of Company policy.”
•  Glaxo has a right to guard its trade secrets,
manufacturing formulas, marke*ng strategies
and other confiden*al programs and
informa*on from compe*tors, especially so
that it and Astra are rival companies in the
highly compe--ve pharmaceu-cal industry.
•  The prohibi*on against personal or marital
rela*onships with employees of compe*tor
companies upon Glaxo’s employees is
reasonable under the circumstances because
rela-onships of that nature might compromise
the interests of the company.

•  In laying down the assailed company policy, Glaxo

only aims to protect its interests against the
possibility that a compe*tor company will gain
access to its secrets and procedures.
•  That Glaxo possesses the right to protect its economic
interests cannot be denied. No less than the
Cons-tu-on recognizes the right of enterprises to
adopt and enforce such a policy to protect its right to
reasonable returns on investments and to expansion
and growth.

•  As held in a Georgia, U.S.A case, it is a legi*mate

business prac*ce to guard business confiden*ality
and protect a compe**ve posi*on by even-handedly
disqualifying from jobs male and female applicants or
employees who are married to a compe*tor.
–  The Court pointed out that the policy was applied to men
and women equally, and noted that the employer’s
business was highly compe--ve and that gaining inside
informa-on would cons-tute a compe--ve advantage.
 Star Paper Corp v. Simbol, et al.
GR 164774, April 12, 2006
•  Whether the policy of the employer banning
spouses from working in the same company
violates the rights of the employee under the
Cons-tu-on and the Labor Code or is a valid
exercise of management preroga-ve.
•  1. New applicants will not be allowed to be
hired if in case he/she has [a] rela-ve, up to [the]
3rd degree of rela-onship, already employed by
the company.

•  2. In case of two of our employees (both singles

[sic], one male and another female) developed a
friendly rela-onship during the course of their
employment and then decided to get married,
one of them should resign to preserve the policy
stated above.
 Bona Fide Occupa-onal Qualifica-on
•  There must be a compelling business necessity for
which no alterna-ve exists other than the
discriminatory prac-ce.

•  To jus-fy a bona fide occupa-onal qualifica-on, the

employer must prove two factors:
–  (1) that the employment qualifica-on is reasonably
related to the essen*al opera*on of the job involved;
and,
–  (2) that there is a factual basis for believing that all or
substan-ally all persons mee*ng the qualifica*on would
be unable to properly perform the du*es of the job.
 Not BFOQ
•  Pe--oners failed to show how the marriage of Simbol, then
a Shee-ng Machine Operator, to Alma Dayrit, then an
employee of the Repacking Sec-on, could be detrimental to
its business opera-ons.

•  Neither did pe--oners explain how this detriment will

happen in the case of Wilfred aComia, then a Produc-on
Helper in the Selec-ng Department, who married Howard
Comia, then a helper in the cu`er-machine.

•  The policy is premised on the mere fear that employees

married to each other will be less efficient. If we uphold
the ques-oned rule without valid jus-fica-on, the
employer can create policies based on an unproven
presump-on of a perceived danger at the expense of an
employee's right to security of tenure.
 Yrasuegui v. PAL
GR 168081, October 17, 2008
•  Employment in par-cular jobs may not be limited to persons of a
par-cular sex, religion, or na-onal origin unless the employer can
show that sex, religion, or na*onal origin is an actual qualifica*on
for performing the job.

•  The qualifica-on is called a bona fide occupa-onal qualifica-on

(BFOQ).

•  In the United States, there are a few federal and many state job
discrimina-on laws that contain an excep*on allowing an
employer to engage in an otherwise unlawful form of prohibited
discrimina*on when the ac-on is based on a BFOQ necessary to
the normal opera-on of a business or enterprise.
 Yrasuegui v. PAL
GR 168081, October 17, 2008
•  In other words, the primary objec-ve of PAL in the imposi-on
of the weight standards for cabin crew is flight safety. It
cannot be gainsaid that cabin a`endants must maintain
AGILITY at all *mes in order TO INSPIRE PASSENGER
CONFIDENCE on their ABILITY to care for the passengers
WHEN SOMETHING GOES WRONG.
•  It is not farfetched to say that airline companies, just like all
common carriers, thrive due to public confidence on their
safety records.
•  People, especially the riding public, expect no less than that
airline companies transport their passengers to their
respec-ve des-na-ons safely and soundly. A lesser
performance is unacceptable.
 Yrasuegui v. PAL
GR 168081, October 17, 2008
•  The task of a cabin crew or flight a`endant is not limited to
serving meals or a`ending to the whims and caprices of the
passengers.
•  The most important ac*vity of the cabin crew is to care for
the safety of passengers and the evacua*on of the aircrab
when an emergency occurs.
•  Passenger safety goes to the core of the job of a cabin
a`endant. Truly, airlines need cabin a`endants who have the
necessary strength to open emergency doors, the agility to
a`end to passengers in cramped working condi-ons, and the
stamina to withstand grueling flight schedules.
 Yrasuegui v. PAL
GR 168081, October 17, 2008
•  On board an aircram, the body weight and size of a cabin
a`endant are important factors to consider in case of
emergency.
•  Aircrabs have constricted cabin space, and narrow aisles and
exit doors.
•  Thus, the arguments of respondent that [w]hether the airlines
flight a`endants are overweight or not has no direct rela-on
to its mission of transpor-ng passengers to their des-na-on;
and that the weight standards has nothing to do with
airworthiness of respondents airlines, must fail.
 ARTICLE 135. PROHIBITED ACTS.
(a)  It shall be unlawful for any employer:

1.  To deny any woman employee the benefits provided for in this
Chapter or to discharge any woman employed by him for the
purpose of preven-ng her from enjoying any of the benefits
provided under this Code;

2.  TO DISCHARGE SUCH WOMAN on account of her pregnancy, or

WHILE ON LEAVE OR IN CONFINEMENT DUE TO HER PREGNANCY;

3.  To discharge or refuse the admission of such woman upon

returning to her work for fear that she may again be pregnant.
 Prohibited acts. — It shall be unlawful for
any employer:
(a) To discharge any woman employed by him for the purpose of preven-ng
such woman from enjoying the maternity leave, facili-es and other
benefits provided under the Code;
(b) To discharge such woman employee on account of her pregnancy, or while
on leave or in confinement due to her pregnancy;
(c) To discharge or refuse the admission of such woman upon returning to her
work for fear that she may be pregnant;
(d) To discharge any woman or child or any other employee for having filed a
complaint or having tes-fied or being about to tes-fy under the Code; and
(e)  To require as a condi*on for a con-nua-on of employment that a
woman employee shall not get married or to s-pulate expressly or
tacitly that upon geung married, a woman employee shall be deemed
resigned or separated, or to actually dismiss, discharge, discriminate or
otherwise prejudice a woman employee merely by reason of her
marriage.
(Sec 13, Rule XII, Book III, Labor Code IRR)
It is unlawful to discharge woman
employee on account of her
pregnancy
 Saudia v. Rebesencio
GR 198587, January 14, 2015

•  UNIFIED EMPLOYMENT CONTRACT FOR FEMALE CABIN

ATTENDANTS:

•  “(H) Due to the essen-al nature of the Air Hostess func-ons

to be physically fit on board to provide various services
required in normal or emergency cases on both domes-c/
interna-onal flights beside her role in maintaining
con-nuous safety and security of passengers, and since she
will not be able to maintain the required medical fitness
while at work in case of pregnancy, accordingly, if the Air
Hostess becomes pregnant at any (me during the term of
this contract, this shall render her employment contract as
void and she will be terminated due to lack of medical
fitness.” (Emphasis supplied)
 Saudia v. Rebesencio
GR 198587, January 14, 2015

•  We do not lose sight of the reality that pregnancy does

present physical limita*ons that may render difficult
the performance of func-ons associated with being a
flight a`endant. Nevertheless, it would be the height
of iniquity to view pregnancy as a disability so
permanent and immutable that, it must entail the
termina*on of one's employment. xxx
•  WE FAIL TO APPRECIATE HOW PREGNANCY COULD BE
SUCH AN IMPAIRING OCCURRENCE THAT IT LEAVES
NO OTHER RECOURSE BUT THE COMPLETE
TERMINATION of the means through which a woman
earns a living.
 Del Monte v. Velasco
GR 153477, March 6, 2007
•  What if the dismissal was on account of
absences without leave incurred during
pregnancy?
 Lakpue v. Belga
•  In the instant case, the alleged misconduct of
Belga barely falls within the situa-on
contemplated by the law. Her absence for 16
days was jus-fied considering that she had
just delivered a child, which can hardly be
considered a forbidden act, a derelic-on of
duty; much less does it imply wrongful intent
on the part of Belga.
 Capin-Cadiz v. Brent Hospital and Colleges, Inc.
G.R. No. 187417, February 24, 2016)

•  Got pregnant out of wedlock.

•  Suspended un-l she marries her boyfriend.

 Capin-Cadiz v. Brent Hospital and Colleges, Inc.
G.R. No. 187417, February 24, 2016)

•  Republic Act No. 9710 or the Magna Carta of

Women protects women against
discrimina-on in all ma`ers rela-ng to
marriage and family rela-ons, including the
right to choose freely a spouse and to enter
into marriage only with their free and full
consent.
 Capin-Cadiz v. Brent Hospital and Colleges, Inc.
G.R. No. 187417, February 24, 2016)

•  Brent's condi-on is coercive, oppressive and

discriminatory.
•  It forces Cadiz to marry for economic reasons
and deprives her of the freedom to choose her
status, which is a privilege that inheres in her
as an intangible and inalienable right.
 Capin-Cadiz v. Brent Hospital and Colleges, Inc.
G.R. No. 187417, February 24, 2016)

•  While a marriage or no-marriage qualifica-on

may be jus-fied as a "bona fide occupa-onal
qualifica-on," Brent must prove two factors
necessita-ng its imposi-on, viz.: (1) that the
employment qualifica-on is reasonably related to
the essen-al opera-on of the job involved; and
(2) that there is a factual basis for believing that
all or substan-ally all persons mee-ng the
qualifica-on would be unable to properly
perform the du-es of the job.
 PT&T
•  EE lied about her marital status.

•  SC: Verily, private respondent's act of concealing

the true nature of her status from PT&T could not
be properly characterized as willful or in bad faith
as she was moved to act the way she did mainly
because she wanted to retain a permanent job in
a stable company. In other words, she was
prac-cally forced by that very same illegal
company policy into misrepresen-ng her civil
status for fear of being disqualified from work.
 ARTICLE 136. Classifica-on of
certain women workers.
•  Any woman who is permi`ed or suffered to
work with or without compensa-on in any
night club, cocktail lounge, massage clinic, bar
or similar establishment, under the effec*ve
control or supervision of the employer for a
substan*al period of *me as determined by
the Secretary of Labor and Employment, shall
be considered as an employee of such
establishment for purposes of labor and social
legisla-on.
RA 7877
•  Work-related sexual harassment is commi`ed by:
–  an employer,
–  employee,
–  manager,
–  supervisor,
–  agent of the employer,
–  or any other person
•  who, having authority, influence or moral
ascendancy over another in a work environment,
•  demands, requests or otherwise requires any
sexual favor from the other, regardless of
whether the demand, request or requirement for
submission is accepted by the object of said act.
•  In a work-related or employment environment, sexual
harassment is commi`ed when:
1.  The sexual favor is made as a condi*on in the hiring or in
the employment, re-employment or con-nued
employment of said individual, or in gran-ng said
individual favorable compensa-on, terms, condi-ons,
promo-ons, or privileges; or the refusal to grant the
sexual favor results in limi-ng, segrega-ng or classifying
the employee which in any way would discriminate,
deprive or diminish employment opportuni-es or
otherwise adversely affect said employee;
2.  The above acts would impair the employee's rights or
privileges under exis-ng labor laws; or
3.  The above acts would result in an in*mida*ng, hos*le, or
offensive environment for the employee.
 Domingo v. Rayala
•  It is true that this provision calls for a demand,
request or requirement of a sexual favor. But it
is not necessary that the demand, request or
requirement of a sexual favor be ar*culated
in a categorical oral or wri`en statement.
 Domingo v. Rayala
•  It may be discerned, with equal cer-tude, from the
acts of the offender.
–  Holding and squeezing Domingos shoulders,
–  running his fingers across her neck and -ckling her ear,
–  having inappropriate conversa-ons with her,
–  giving her money allegedly for school expenses with a
promise of future privileges, and
–  making statements with unmistakable sexual overtones

•  all these acts of Rayala resound with deafening clarity

the unspoken request for a sexual favor.
 Domingo v. Rayala
•  Likewise, contrary to Rayala’s claim, it is not
essen*al that the demand, request or
requirement be made as a condi*on for
con*nued employment or for promo*on to a
higher posi*on.
•  It is enough that the respondents acts result in
crea-ng an in-mida-ng, hos-le or offensive
environment for the employee.
 Domingo v. Rayala
•  That the acts of Rayala generated an
in-mida-ng and hos-le environment for
Domingo is clearly shown by [the fact] that
Domingo –
–  reported the ma`er to an officemate and,
–  amer the last incident, filed for a leave of absence
and
–  requested transfer to another unit.
 Domingo v. Rayala
•  IT IS THE RIGHT, NAY, THE DUTY OF EVERY
EMPLOYER TO PROTECT ITS EMPLOYEES
FROM OVERSEXED SUPERIORS. (ci-ng
Villarama v. Golden Donuts)
•  It shall be the duty of the employer or the
head of the work-related environment or
ins-tu-on,
–  to prevent or deter the commission of acts of
sexual harassment and
–  to provide the procedures for the resolu-on,
se`lement or prosecu-on of acts of sexual
harassment.
•  Towards this end, the employer or head of
office shall:
1.  Promulgate appropriate rules and regula-ons
prescribing the procedure for the inves-ga-on
of sexual harassment cases and the
administra-ve sanc-ons therefor.
•  The said rules and regula-ons shall include, among
others, guidelines on proper decorum in the
workplace.
2.  Create a commi`ee on decorum and
inves-ga-on of cases on sexual harassment.
 Immediate ac-on required.
•  The employer or head of office shall be
solidarily liable for damages arising from the
acts of sexual harassment commi`ed in the
employment environment if the employer or
head of office is informed of such acts by the
offended party and no immediate ac*on is
taken thereon.
 CHAPTER II
Employment of Minors
 ARTICLE 138. Prohibi-on against
child discrimina-on.
•  — No employer shall discriminate against any
person in respect to terms and condi-ons of
employment on account of his age.
Republic Act No. 10911 (July 21, 2016)
•  This Act prohibits acts of discrimina-on in
employment on account of age.

•  In par-cular, it prohibits, among others,

employers from commiung the following acts:
 RA 10911
•  (a) prin-ng or publishing, or causing to be
printed or published, in any form of media,
including the internet, any no*ce of
adver*sement rela-ng to employment
sugges*ng preferences, limita*ons,
specifica*ons, and discrimina*on based on
age;
 RA 10911
•  (b) requiring the declara-on of age or birth
date during the applica-on process;
 RA 10911

•  (c) declining any employment applica-on

because of the individual’s age;
 RA 10911

•  (d) discrimina-ng against an individual in

terms of compensa-on, terms and condi-ons
or privileges of employment on account of
such individual’s age;
 RA 10911

•  (e) denying any employee’s or worker’s

promo-on or opportunity for training because
of age;
 RA 10911
•  (f) forcibly lay off an employee or worker
because of old age; or
 RA 10911

•  (g) imposing early re-rement on the basis of

such employee’s or worker’s age.
 ARTICLE 137. MINIMUM EMPLOYABLE
AGE.
•  — (a) No child below 15 years of age shall be employed,
except when he works directly under the sole responsibility
of his parents or guardian and his employment does not in
any way interfere with his schooling.
•  (b) Any person between fimeen (15) and eighteen (18)
years of age may be employed for such number of hours
and such periods of the day as determined by the Secretary
of Labor in appropriate regula-ons.
•  (c) The foregoing provisions shall in no case allow the
employment of a person below eighteen (18) years of age
in an undertaking which is hazardous or deleterious in
nature as determined by the Secretary of Labor.
 RA 9231

Special Protec-on of Children Against

Child Abuse, Exploita-on and
Discrimina-on Act
 Children below 15 years old
•  GR: May not be employed.
•  XPNs:
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; or

2.  Where a child's employment or par-cipa-on in

public entertainment or informa-on through
cinema, theater, radio, television or other forms of
media is essen-al.
 Add’l requirements for the first
excep-on
1.  The child’s employment neither endangers
his/her life, safety, health, and morals, nor
impairs his/her normal development.
2.  The parent or legal guardian shall provide the
child with the prescribed primary and/or
secondary educa-on.
 Requirements for the second
excep-on
1.  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.
 Requirements for the second
excep-on
1.  …
2.  The following requirements in all instances are strictly
complied with:
(a)  The employer shall ensure the protec*on, health, safety,
morals and normal development of the child;
(b)  The employer shall ins-tute measures to prevent the child's
exploita*on or discrimina*on taking into account the system
and level of remunera-on, and the dura-on and arrangement
of working -me; and
(c)  The employer shall formulate and implement, subject to the
approval and supervision of competent authori-es, a
con*nuing program for training and skills acquisi*on of the
child.
3.  …
 Requirements for the second
excep-on
1.  …
2.  …
3.  The employer first secures a work permit
from the Department of Labor and
Employment which shall ensure observance
of the above requirements.
 Child from 15 to below 18
•  GR: May be employed .

•  XPT: When the work is hazardous.

 Working hours of child below 15
•  Maximum:
–  4 hours/day;
–  20 hours/week.

•  No work from 8pm to 6am.

 Hours of work of 15 to <18

•  Maximum:
–  8 hours/day;
–  40 hours/week

•  No work from 10 pm to 6 am.

 WORST FORMS OF CHILD LABOR
•  Work which,
–  by its nature or the circumstances in
which it is carried out,

–  is hazardous or likely to be harmful to

the health, safety or morals of children,
such that it:
 WORST FORMS OF CHILD LABOR
1.  Debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being; or

2.  Exposes the child to physical,

emotional or sexual abuse, or is found
to be highly stressful psychologically or
may prejudice morals; or
 WORST FORMS OF CHILD LABOR
3.  Is performed underground, underwater
or at dangerous heights; or

4.  Involves the use of dangerous machinery,

equipment and tools such as power-driven
or explosive power-actuated tools; or
 WORST FORMS OF CHILD LABOR

5.  Exposes the child to physical danger such as,

but not limited to the dangerous feats of
balancing, physical strength or
contortion, or which requires the manual
transport of heavy loads; or
 WORST FORMS OF CHILD LABOR

6.  Is performed in an unhealthy environment

exposing the child to hazardous working
conditions, elements, substances, co-agents or
processes involving ionizing, radiation, fire,
flammable substances, noxious components and
the like, or to extreme temperatures, noise
levels, or vibrations; or

7.  Is performed under particularly difficult

conditions; or
 WORST FORMS OF CHILD LABOR

8.  Exposes the child to biological agents

such as bacteria, fungi, viruses,
protozoans, nematodes and other
parasites; or

9.  Involves the manufacture or handling of

explosives and other pyrotechnic
products."
 HAZARDOUS WORK PLACES
a.  Where the nature of the work exposes the
workers to dangerous environmental
elements, contamina-ons or work condi-ons
including ionizing radia-ons, chemicals, fire,
flammable substances, noxious components
and the like.
 HAZARDOUS WORK PLACES

b.  Where the workers are engaged in

construc-on work, logging, fire-figh-ng,
mining, quarrying, blas-ng, stevedoring, dock
work, deep-sea fishing and mechanized
farming.
 HAZARDOUS WORK PLACES

c.  Where the workers are engaged in the

manufacture or handling of explosives and
other pyrotechnic products.
 HAZARDOUS WORK PLACES

d.  Where the workers use or are exposed to

heavy or power-driven machinery or
equipment.

e.  Where the workers use or are exposed to

power-driven tools.
 Prohibited adver-sements involving
children
•  Alcoholic beverages
•  Intoxica-ng drinks
•  Tobacco and its by-products
•  Gambling
•  Violence
•  Pornography
Ownership of a working child’s income
•  The wages, salaries, earnings and other income of
the working child
–  shall belong to him/her in ownership and

–  shall be set aside

•  primarily for his/her support, educa-on, or skills

acquisi-on and

•  Secondarily for the collec-ve needs of the family (up to

20% only).
 Collec-ve needs of the family
•  Basic needs such as
1.  food,
2.  shelter,
3.  light and water,
4.  clothing,
5.  educa-on,
6.  medical, transporta-on and other expenses
necessary for the survival of the family of the
child.
 CHAPTER III
Employment of Househelpers
 ARTICLE 139. COVERAGE.
•  THIS CHAPTER SHALL APPLY TO ALL PERSONS RENDERING
SERVICES IN HOUSEHOLDS FOR COMPENSATION.
•  "DOMESTIC OR HOUSEHOLD SERVICE" SHALL MEAN
SERVICES IN THE EMPLOYER'S HOME WHICH IS USUALLY
NECESSARY OR DESIRABLE FOR THE MAINTENANCE AND
ENJOYMENT THEREOF AND INCLUDES MINISTERING TO THE
PERSONAL COMFORT AND CONVENIENCE OF THE MEMBERS
OF THE EMPLOYER'S HOUSEHOLD, INCLUDING SERVICES OF
FAMILY DRIVERS.
 ARTICLE 140. CONTRACT OF DOMESTIC
SERVICE.
•  THE ORIGINAL CONTRACT OF DOMESTIC SERVICE SHALL
NOT LAST FOR MORE THAN TWO (2) YEARS BUT IT MAY
BE RENEWED FOR SUCH PERIODS AS MAY BE AGREED
UPON BY THE PARTIES.
 ARTICLE 141. MINIMUM WAGE.
(a)  Househelpersshall be paid the following minimum wage rates:

(1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon City,
Pasay and Caloocan ci-es and the municipali-es of Maka-, San Juan,
Mandaluyong, Mun-nlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig and
Marikina in Rizal Province.
(2) Six hundred fiby pesos (P650.00) a month for those in other chartered ci-es and
first class municipali-es; and
(3) Five hundred fiby pesos (P550.00) a month for those in other municipali-es.

Provided, that the employers shall review the employment contracts of their
househelpers every three (3) years with the end in view of improving the terms
and condi-ons thereof.

Provided, further, That those househelpers who are receiving at least One thousand
pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be
en-tled to all the benefits provided thereunder.(As amended by RA 7655)
ARTICLE 142. MINIMUM CASH WAGE.
•  THE MINIMUM WAGE RATES PRESCRIBED UNDER THIS
CHAPTER SHALL BE THE BASIC CASH WAGES WHICH
SHALL BE PAID TO THE HOUSEHELPERIN ADDITION TO
LODGING, FOOD AND MEDICAL ATTENDANCE.
 ARTICLE 143. ASSIGNMENT TO NON-
HOUSEHOLD WORK.
•  No househelper shall be assigned to work in a
commercial, industrial or agricultural
enterprise at a wage or salary rate lower than
that provided for agricultural or non-
agricultural worker as prescribed herein.
 ARTICLE 144. OPPORTUNITY FOR
EDUCATION.
•  — IF THE HOUSEHELPER IS UNDER THE AGE OF
EIGHTEEN (18) YEARS, THE EMPLOYER SHALL GIVE HIM
OR HER AN OPPORTUNITY FOR AT LEAST ELEMENTARY
EDUCATION. THE COST OF SUCH EDUCATION SHALL BE
PART OF THE HOUSEHELPER'S COMPENSATION, UNLESS
THERE IS A STIPULATION TO THE CONTRARY.
•  ARTICLE 145. Treatment of househelpers. —
The employer shall treat the househelper in a just
and humane manner. In no case shall physical
violence be used upon the househelper.
•  ARTICLE 146. Board, lodging and medical
a`endance. — The employer shall furnish the
househelper free of charge suitable and sanitary
living quarters as well as adequate food and
medical a`endance.
 ARTICLE 147. INDEMNITY FOR UNJUST
TERMINATION OF SERVICES.
•  If the period of household service is fixed,
neither the employer nor the househelper may
terminate the contract before the expira-on of
the term, except for a just cause. If the
househelper is unjustly dismissed, he or she shall
be paid the compensa-on already earned plus
that for fimeen (15) days by way of indemnity.
•  If the househelper leaves without jus-fiable
reason, he or she shall forfeit any unpaid salary
due him or her not exceeding fimeen (15) days.
 ARTICLE 148. SERVICE OF TERMINATION
NOTICE.
•  If the dura*on of the household service is not
determined either in s-pula-on or by the
nature of the service, the employer or the
househelper may give no-ce to put an end to
the rela-onship five (5) days before the
intended termina-on of the service.
 Termina-on
•  IF CONTRACT PERIOD IS FIXED:
–  There must be just cause for termina-on.
–  If the employer terminates before the expira-on of the term
without just cause, househelper is en*tled to compensa*on
corresponding to the unexpired por*on of the contract plus 15
days’ salary.
–  The 15-day salary is awarded in the form of an indemnity due to
unjust dismissal, i.e., dismissal without just cause and no-ce
and before the lapse of the contract term. The amount is in
addi-on to and not a subs-tute for the househelper's salary for
the unexpired por-on of the contract. The salary for the
unexpired por-on of the contract, as a se`led rule, is awarded
as a result of the viola-on of her security of tenure under the
contract term. (PILAC v. NLRC; GR 123354, November 19, 1996)
 Just Causes for Termina-on
•  Art. 282. Termina-on by employer. — An employer may
terminate an employment for any of the following causes:
•  (a) Serious misconduct or willful disobedience by the employee of
the lawful orders of his employer or representa-ve in connec-on
with his work;
•  (b) Gross and habitual neglect by the employee of his du-es;
•  (c) Fraud or willful breach by the employee of the trust reposed in
him by his employer or duly authorized representa-ve;
•  (d) Commission of a crime or offense by the employee against the
person of his employer or any immediate member of his family or
his duly authorized representa-ve; and
•  (e) Other causes analogous to the foregoing.
 Termina-on
•  IF CONTRACT PERIOD IS NOT FIXED:
–  Either party may terminate the rela-onship by
giving at least 5 days no-ce.
•  ARTICLE 149. EMPLOYMENT CERTIFICATION. — UPON THE
SEVERANCE OF THE HOUSEHOLD SERVICE RELATION, THE
EMPLOYER SHALL GIVE THE HOUSEHELPER A WRITTEN STATEMENT
OF THE NATURE AND DURATION OF THE SERVICE AND HIS OR HER
EFFICIENCY AND CONDUCT AS HOUSEHELPER.

•  ARTICLE 150. EMPLOYMENT RECORDS. — THE EMPLOYER

MAY KEEP SUCH RECORDS AS HE MAY DEEM NECESSARY TO
REFLECT THE ACTUAL TERMS AND CONDITIONS OF EMPLOYMENT
OF HIS HOUSEHELPER WHICH THE LATTER SHALL AUTHENTICATE BY
SIGNATURE OR THUMBMARK UPON REQUEST OF THE EMPLOYER.
Batas Kasambahay

RA 10361
SEC. 3. Coverage.– This Act applies
to all domes-c workers employed
and working within the country.
•  Domes&c worker or “Kasambahay”

–  refers to any person engaged in domes*c work

within an employment rela*onship

–  such as, but not limited to, the following:

•  general househelp,
•  nursemaid or “yaya”,
•  cook,
•  gardener, or
•  laundry person,
•  Domes&c worker or “Kasambahay”

–  but shall exclude any person who performs

domes-c work only occasionally or sporadically
and not on an occupa-onal basis.
•  The term shall not include children who are
under foster family arrangement, and are
provided access to educa-on and given an
allowance incidental to educa-on, i.e. “baon”,
transporta-on, school projects and school
ac-vi-es.
 IRR
•  The following are not covered:
1.  Service providers;
2.  Family drivers;
3.  Children under foster family arrangement;
and
4.  Any other person who performs work
occasionally or sporadically and not on an
occupa-onal basis.
 ARTICLE II
RIGHTS AND PRIVILEGES
 SEC. 5. Standard of Treatment
•  The employer or any member of the
household shall not subject a domes-c worker
or “kasambahay” to any kind of abuse nor
inflict any form of physical violence or
harassment or any act tending to degrade the
dignity of a domes-c worker.
 SEC. 7. Guarantee of Privacy.
•  Respect for the privacy of the domes-c worker
shall be guaranteed at all -mes and shall
extend to all forms of communica*on and
personal effects.
•  This guarantee equally recognizes that the
domes-c worker is obliged to render
sa-sfactory service at all -mes.
 SEC. 8. Access to Outside
Communica&on
•  The employer shall grant the domes-c worker
access to outside communica-on during free
*me:
–  Provided, That in case of emergency, access to
communica-on shall be granted even during work
-me.
•  Should the domes-c worker make use of the
employer’s telephone or other communica-on
facili-es, the costs shall be borne by the
domes*c worker, unless such charges are waived
by the employer.
 SEC. 9. Right to Educa&on and
Training.
•  The employer shall afford the domes-c worker
the opportunity to finish basic educa*on and
may allow access to alterna-ve learning systems
and, as far as prac-cable, higher educa-on or
technical and voca-onal training.
•  The employer shall adjust the work schedule of
the domes-c worker to allow such access to
educa-on or training without hampering the
services required by the employer.
SEC. 10. Prohibi&on Against Privileged
Informa&on
•  All communica-on and informa-on pertaining
to the employer or members of the
household shall be treated as privileged and
confiden-al, and shall not be publicly
disclosed by the domes*c worker during and
amer employment.
SEC. 10. Prohibi&on Against Privileged
Informa&on
•  GR: Such privileged informa-on shall be
inadmissible in evidence

•  XPN: when the suit involves the employer or

any member of the household in a crime
against persons, property, personal liberty
and security, and chas*ty.
 ARTICLE III
PRE-EMPLOYMENT
SEC. 11. Employment Contract.– An employment
contract shall be executed
– by and between the domes-c worker and the
employer
– before the commencement of the service
– in a language or dialect understood by both the
domes-c worker and the employer.
The domes-c worker shall be provided a copy of the duly
signed employment contract which must include the
following:
a.  Du-es and responsibili-es of the domes-c worker;
b.  Period of employment;
c.  Compensa-on;
d.  Authorized deduc-ons;
e.  Hours of work and propor-onate addi-onal payment;
f.  Rest days and allowable leaves;
g.  Board, lodging and medical a`en-on;
h.  Agreements on deployment expenses, if any;
i.  Loan agreement;
j.  Termina-on of employment; and
k.  Any other lawful condi-on agreed upon by both par-es.
 “Du-es and responsibili-es of the
domes-c worker”
•  SEC. 22. Assignment to Non household Work.–
No domes-c worker shall be assigned to work
in a commercial, industrial or agricultural
enterprise at a wage rate lower than that
provided for agricultural or nonagricultural
workers. In such cases, the domes-c worker
shall be paid the applicable minimum wage.
 “Du-es and responsibili-es of the
domes-c worker”
•  SEC. 23. Extent of Duty.– The domes-c worker and the
employer may mutually agree for the former to temporarily
perform a task that is outside the la`er’s household for the
benefit of another household.
–  However, any liability that will be incurred by the domes-c
worker on account of such arrangement shall be borne by the
original employer.
–  In addi-on, such work performed outside the household shall
en-tle the domes-c worker to an addi*onal payment of not
less than the exis-ng minimum wage rate of a domes-c worker.
–  It shall be unlawful for the original employer to charge any
amount from the said household where the service of the
domes-c worker was temporarily performed.
 “Compensa-on”
•  SEC 24. Minimum Wage.– The minimum wage of
domes-c workers shall not be less than the
following:
–  NCR: P2,500.00 a month;
–  Chartered ci-es and first class municipali-es:
P2,000.00 a month
–  Other municipali-es: P1,500.00 a month

•  The domes-c worker is en-tled to a thirteenth

month pay as provided for by law. (Sec. 25)
 “Compensa-on”
•  SEC 25. Payment of Wages.–
–  on -me
–  directly to the domes-c worker
–  in cash
–  at least once a month.
–  No employer shall pay the wages of a domes-c
worker by means of promissory notes, vouchers,
coupons, tokens, -ckets, chits, or any object other
than the cash wage as provided for under this Act.
 SEC. 15. Prohibi&on on Debt Bondage
•  Debt bondage refers to the rendering of
service by the domes-c worker as security or
payment for a debt
–  where the length and nature of service is not
clearly defined or
–  when the value of the service is not reasonably
applied in the payment of the debt.
SEC. 27. Prohibi&on on Interference in
the Disposal of Wages
•  It shall be unlawful for the employer to
interfere with the freedom of any domes-c
worker to dispose of the la`er’s wages.
•  The employer shall not force, compel or oblige
the domes-c worker to purchase
merchandise, commodi-es or other proper-es
from the employer or from any other person,
or otherwise make use of any store or services
of such employer or any other person.
 SEC 28. Prohibi&on Against
Withholding of Wages
•  It shall be unlawful for an employer, directly or
indirectly, to withhold the wages of the domes-c
worker.
•  If the domes*c worker leaves without any
jus*fiable reason, any unpaid salary for a period
not exceeding fibeen (15) days shall be
forfeited.
•  Likewise, the employer shall not induce the
domes-c worker to give up any part of the wages
by force, stealth, in-mida-on, threat or by any
other means whatsoever.
 “Rest days and allowable leaves”
•  SEC. 20. Daily Rest Period.– The domes-c
worker shall be en-tled to an aggregate daily
rest period of eight (8) hours per day.

•  Civil Code: Art. 1695. House helper shall not

be required to work more than ten hours a
day.
 “Rest days and allowable leaves”
•  SEC. 21. Weekly Rest Period. – The domes-c
worker shall be en-tled to at least twenty-four
(24) consecu*ve hours of rest in a week.

•  The employer and the domes-c worker shall

agree in wri*ng on the schedule of the weekly
rest day of the domes-c worker: Provided, That
the employer shall respect the preference of the
domes-c worker as to the weekly rest day when
such preference is based on religious grounds.
 “Rest days and allowable leaves”
•  SEC. 21. Weekly Rest Period. –
•  Nothing in this provision shall deprive the
domes-c worker and the employer from agreeing
to the following:
a.  Offseung a day of absence with a par-cular rest
day;
b.  Waiving a par-cular rest day in return for an
equivalent daily rate of pay;
c.  Accumula-ng rest days not exceeding five (5) days;
or
d.  Other similar arrangements.
 “Rest days and allowable leaves”
•  SEC. 29. Leave Benefits. – A domes-c worker
who has rendered at least one (1) year of
service shall be en-tled to an annual service
incen*ve leave of five (5) days with pay:
•  Non-cumula-ve.
•  Non-conver-ble.
 “Authorized deduc-ons”
•  SEC. 14. Deposits for Loss or Damage. – It shall be
unlawful for the employer or any other person to
require a domes-c worker to make deposits from
which deduc-ons shall be made for the reimbursement
of loss or damage to tools, materials, furniture and
equipment in the household.

•  SEC. 25. The employer, unless allowed by the domes-c

worker through a wri`en consent, shall make no
deduc-ons from the wages other than that which is
mandated by law.
“Board, lodging and medical a`en-on”
•  SEC. 6. Board, Lodging and Medical ASendance.– The
employer shall provide for the basic necessi-es of the
domes-c worker to include at least three (3) adequate
meals a day and humane sleeping arrangements that
ensure safety.
•  The employer shall provide appropriate rest and assistance
to the domes-c worker in case of illnesses and injuries
sustained during service without loss of benefits.
•  At no instance shall the employer withdraw or hold in
abeyance the provision of these basic necessi-es as
punishment or disciplinary ac-on to the domes-c worker.
 Civil Code

•  Art. 1696. In case of death of the

house helper, the head of the family
shall bear the funeral expenses if the
house helper has no relatives in the
place where the head of the family
lives, with sufficient means therefor.
 “Agreements on deployment
expenses, if any;”
•  If the domes-c worker leaves without jus-fiable
reason within 6 months from start of
employment, the employer may recover
deployment expenses. (Sec. 32)

•  Deployment expenses refers to expenses that are

directly used for the transfer of the domes-c
worker from place of origin to the place of work
covering the cost of transporta-on. Advances or
loans by the domes-c worker are not included in
the defini-on of deployment expenses. (Sec.
4(b))
 “Termina-on”
•  SEC. 32. Termina&on of Service.–

•  If term of contract is fixed -- neither the

domes-c worker nor the employer may
terminate the contract before the expira-on
of the term except for grounds provided for in
Sec-ons 33 and 34 of this Act.
 “Termina-on”
•  SEC. 32. Termina&on of Service.–

•  If the dura-on of the domes-c service is not

determined either in s-pula-on or by the nature of the
service -- the employer or the domes-c worker may
give no-ce to end the working rela-onship five (5) days
before the intended termina-on of the service.

•  The domes-c worker and the employer may mutually

agree upon wri`en no-ce to pre-terminate the
contract of employment to end the employment
rela-onship.
 CHAPTER IV
Employment of Homeworkers
 ARTICLE 153. DISTRIBUTION OF
HOMEWORK.
•  FOR PURPOSES OF THIS CHAPTER, THE "EMPLOYER" OF HOMEWORKERS
INCLUDES ANY PERSON, NATURAL OR ARTIFICIAL, WHO FOR HIS ACCOUNT OR
BENEFIT OR ON BEHALF OF ANY PERSON RESIDING OUTSIDE THE COUNTRY,
DIRECTLY OR INDIRECTLY, OR THROUGH ANY EMPLOYEE, AGENT, CONTRACTOR,
SUB-CONTRACTOR OR ANY OTHER PERSON:
(1) DELIVERS, OR CAUSES TO BE DELIVERED, ANY GOODS, ARTICLES OR
MATERIALS TO BE PROCESSED OR FABRICATED IN OR ABOUT A HOME AND
THEREAFTER TO BE RETURNED OR TO BE DISPOSED OF OR DISTRIBUTED IN
ACCORDANCE WITH HIS DIRECTIONS; OR
(2) SELLS ANY GOODS, ARTICLES OR MATERIALS TO BE PROCESSED OR
FABRICATED IN OR ABOUT A HOME AND THEN REBUYS THEM AFTER SUCH
PROCESSING OR FABRICATION, EITHER HIMSELF OR THROUGH SOME OTHER
PERSON.
 Homework

Finished goods are

Employer delivers/ Homeworker
*returned,
sells goods, processes/
*disposed,
ar-cles, or fabricates in the
*distributed,
materials home
*resold
•  ARTICLE 151. REGULATIONS OF INDUSTRIAL
HOMEWORK. — THE EMPLOYMENT OF INDUSTRIAL
HOMEWORKERS AND FIELD PERSONNEL SHALL BE
REGULATED BY THE GOVERNMENT THROUGH
APPROPRIATE REGULATIONS ISSUED BY THE SECRETARY
OF LABOR TO ENSURE THE GENERAL WELFARE AND
PROTECTION OF HOMEWORKERS AND FIELD PERSONNEL
AND THE INDUSTRIES EMPLOYING THEM.
•  ARTICLE 152. REGULATIONS OF SECRETARY OF
LABOR. — THE REGULATIONS OR ORDERS TO BE ISSUED
PURSUANT TO THIS CHAPTER SHALL BE DESIGNED TO
ASSURE THE MINIMUM TERMS AND CONDITIONS OF
EMPLOYMENT APPLICABLE TO THE INDUSTRIAL
HOMEWORKERS OR FIELD PERSONNEL INVOLVED.
 Rule XIV, Book III, Rules to
Implement the Labor Code
DOLE Department Order 005-92
February 4, 1992
 Who is a homeworker?
•  A worker who performs in or about
his home any processing of goods or
materials, in whole or in part, which
have been furnished directly or
indirectly by an employer and
thereafter to be returned to the
latter.
–  N.B. Sec 2(a) provides that “[m]aterials may
or may not be furnished by the employer or
contractor.”
•  "Home" means any
–  room,
–  house,
–  apartment, or
–  other premises used regularly, in whole or in
part, as a dwelling place

•  except those situated within the premises

or compound of an employer, contractor,
and the work performed therein is under
the active or personal supervision by, or
for, the latter.
•  "Processing" means
–  manufacturing,
–  fabricating,
–  finishing,
–  repairing,
–  altering,
–  packing,
–  wrapping or
–  handling any material.
 Immediate payment
upon receipt of finished goods
•  Immediately upon receipt of the finished goods or ar-cles,
the employer shall pay the homeworker or the contractor
or subcontractor, as the case may be, for the work
performed less corresponding homeworkers' share of SSS,
MEDICARE and ECC premium contribu*ons which shall be
remi`ed by the contractor/subcontractor or employer to
the SSS with the employers' share.

•  However, where payment is made to a contractor or

subcontractor, the homeworker shall likewise be paid
immediately amer the goods or ar-cles have been collected
from the workers.
 Establishment of rates
•  The standard output rates or piece rates shall be
determined through any of the following
procedures:
a.  *me and mo*on studies;
b.  an individual/collec-ve agreement between the
employer and its workers as approved by the
Secretary or his authorized representa-ve;
c.  consulta*on with representa-ves of employers
and workers organiza-ons in a tripar-te
conference called by the Secretary.
 Condi-ons for deduc-ons
•  No employer, contractor, or subcontractor shall make
any deduc-on from the homeworker's earnings for the
value of materials which have been lost, destroyed,
soiled or otherwise damaged unless the following
condi-ons are met:
1.  the homeworker concerned is clearly shown to be
responsible for the loss or damage;
2.  the homeworker is given reasonable opportunity to
show cause why deduc-ons should not be made;
3.  the amount of such deduc-on is fair and reasonable
and shall not exceed the actual loss or damage; and
4.  the deduc-on is made at such rate that the amount
deducted does not exceed 20% of the homeworker's
earnings in a week.
 No payment for redos and returns
•  The employer may require the homeworker to
redo the work which has been improperly
executed without having to pay the s-pulated
rate again.

•  An employer, contractor, or subcontractor need

not pay the homeworker for any work which has
been done on goods and ar-cles which have
been returned for reasons a`ributable to the
fault of the homeworker.
 Prohibi-ons
•  No homework shall be performed on the
following:

1.  explosives, fireworks and ar-cles of like

character;
2.  drugs and poisons; and
3.  other ar-cles, the processing of which
requires exposure to toxic substances.
 CHAPTER V
Employment of Nightworkers
 DO 119-12
(Rules to Implement RA 10151)
 BOOK TWO
Human Resources Development
Program
TITLE II
Training and Employment of Special
Workers
•  Chapter I – Appren-ces
•  Chapter II – Learners
•  Chapter III – Handicapped Workers
 Appren-ces/Appren-ceship
•  "Appren-ceship" means prac*cal training on the job
supplemented by related theore*cal instruc*on.

•  An "appren-ce" is a worker who is covered by a

wri`en appren-ceship agreement with an individual
employer or any of the en--es recognized under this
Chapter.

•  An "appren-ceship occupa-on" means any trade, form

of employment or occupa-on which requires more
than three (3) months of prac*cal training on the job
supplemented by related theore-cal instruc-on.
•  Under the Revised Guidelines in the
Implementa-on of Appren-ceship and
Learnership Programs, an “Appren-ceable
Occupa-on” is an occupa-on officially
approved for appren-ceship by the TESDA.
 ARTICLE 59. Qualifica-ons of
Appren-ce.
To qualify as an appren-ce, a person shall:
1.  Be at least fourteen (14) years of age;
2.  Possess voca-onal ap-tude and capacity for
appropriate tests; and
3.  Possess the ability to comprehend and follow
oral and wri`en instruc-ons.
4.  Trade and industry associa-ons may
recommend to the Secretary of Labor
appropriate educa-onal requirements for
different occupa-ons.
•  Minimum age should now be 15 years of age
in light of RA 9231.
 ARTICLE 60. Employment of
Appren-ces.
•  Only employers in the highly technical
industries may employ appren-ces and only in
appren-ceable occupa-ons approved by the
Minister of Labor and Employment.

–  Appren-ceship programs are now approved by

TESDA.
•  An enterprise par-cipa-ng in an
appren-ceship program is allowed to take in
appren-ces only up to a maximum of 20% of
its total regular workforce.
 ARTICLE 61. Contents of
Appren-ceship Agreements.
•  Appren-ceship agreements, including main rates of
appren-ces, shall conform to the rules issued by the
Minister of Labor and Employment.
•  The period of appren*ceship shall not exceed six months.
•  Appren-ceship agreements providing for wage rates below
the legal minimum wage, which in no case shall start below
75 per cent of the applicable minimum wage, may be
entered into only in accordance with appren-ceship
programs duly approved by the Minister of Labor and
Employment.
•  The Ministry shall develop standard model programs of
appren-ceship.
•  Under TESDA Circular 16-2004
–  period must be no less than 4 mos. and no more
than 6 mos.
–  The employer has the op(on to hire the
appren-ce at the end of the appren-ceship
period.
•  Amer the expira-on of the maximum 6-month
period, an appren-ce should be paid the full
minimum wage and not just 75%.
 ARTICLE 71. Deduc-bility of Training
Costs.
•  — An addi-onal deduc-on from taxable income of
one-half (1/2) of the value of labor training expenses
incurred for developing the produc-vity and efficiency
of appren-ces shall be granted to the person or
enterprise organizing an appren-ceship program:
Provided, That such program is duly recognized by the
Department of Labor: Provided, further, That such
deduc-on shall not exceed ten (10%) percent of direct
labor wage: and provided, finally, That the person or
enterprise who wishes to avail himself or itself of this
incen-ve should pay his appren-ces the minimum
wage.
 Learners/Learnership
•  ARTICLE 73. Learners Defined. — Learners
are persons hired as trainees in semi-skilled
and other industrial occupa*ons which are
non-appren*ceable and which may be
learned through prac-cal training on the job in
a rela-vely short period of -me which shall
not exceed three (3) months.
 ARTICLE 74. When Learners May
Be Hired.
•  Learners may be employed when:
–  no experienced workers are available,
–  the employment of learners is necessary to
prevent curtailment of employment opportuni-es,
and
–  the employment does not create unfair
compe--on in terms of labor costs or impair or
lower working standards.
•  Just like an appren-ce, a learner may be paid
75% of the prevailing minimum wage.
•  However, unlike an appren-ce, an employer is
obligated to hire a learner upon comple-on of
the learnership.
–  All learners who have been allowed or suffered
work during the first two (2) months shall be
deemed regular employees if training is
terminated by the employer before the end of the
s-pulated period through no fault of the learner.
•  Learnership programs must also be approved
by TESDA.
Persons with Disabili-es
•  ARTICLE 78. Defini-on. — Handicapped
workers are those whose earning capacity is
impaired by age or physical or mental deficiency
or injury.
•  Persons with disability are those suffering from
restric-on or different abili-es, as a result of a
mental, physical or sensory impairment, to
perform an ac-vity in the manner or within the
range considered normal for a human being. (Sec
4, RA 7277)
•  ARTICLE 79. When Employable. — Handicapped
workers may be employed when their employment is
necessary to prevent curtailment of employment
opportuni-es and when it does not create unfair
compe--on in labor costs or impair or lower working
standards.
•  No persons with disabili-es (PWDs) shall be denied
access to opportuni-es for suitable employment. A
qualified disabled employee shall be subject to the
same terms and condi*ons of employment and the
same compensa*on, privileges, benefits, fringe
benefits, incen*ves or allowances as a qualified able
bodied person. (Sec 5, RA 7277)
 Incen-ves for Employers.
•  b) Private en--es that employ persons with disability who meet the
required skills or qualifica-ons, either as regular employee, appren-ce or
learner, shall be en-tled to an addi*onal deduc*on, from their gross
income, equivalent to twenty-five percent (25%) of the total amount
paid as salaries and wages to persons with disability: Provided, however,
That such en--es present proof as cer-fied by the Department of Labor
and Employment that persons with disability are under their employ:
Provided, further, That the disabled employee is accredited with the
Department of Labor and Employment and the Department of Health as to
his disability, skills and qualifica-ons.
•  c) Private en--es that improve or modify their physical facili-es in
order to provide reasonable accommoda-on for persons with disability
shall also be en-tled to an addi-onal deduc-on from their net taxable
income, equivalent to fiby percent (50%) of the direct costs of the
improvements or modifica*ons. This Sec-on, however, does not apply to
improvements or modifica-ons of facili-es required under Batas
PambansaBilang 344.
•  ARTICLE 80. Employment Agreement. — Any employer who
employs handicapped workers shall enter into an employment
agreement with them, which agreement shall include:
•  (a) The names and address of the handicapped workers to be
employed;
•  (b) The rate to be paid the handicapped workers which shall be
not less than seventy five (75%) percent of the applicable legal
minimum wage;
•  (c) The dura-on of employment period; and
•  (d) The work to be performed by handicapped workers.
•  The employment agreement shall be subject to inspec-on by the
Secretary of Labor or his duly authorized representa-ves.
 Discrimina-on
•  No en-ty, whether public or private, shall
discriminate against a qualified persons with
disabili-es (PWDs) by reason of disability in
regard to
–  job applica-on procedures,
–  the hiring, promo-on, or discharge of employees,
–  employee compensa-on,
–  job training, and
–  other terms, condi-ons, and privileges of
employment.
 The following cons-tute acts of
discrimina-on:
•  Limi-ng, segrega-ng or classifying a disabled
job applicant in such a manner that adversely
affects his work opportuni-es;
 The following cons-tute acts of
discrimina-on:
•  Using qualifica-on standards, employment
tests or other selec-on criteria that screen
out or tend to screen out persons with
disabili*es (PWDs)
–  unless such standards, tests or other selec-on
criteria are shown to be job-related for the
posi-on in ques-on and are consistent with
business necessity;
 The following cons-tute acts of
discrimina-on:
•  U-lizing standards, criteria, or methods of
administra-on that:
1.  have the effect of discrimina-on on the basis of
disability; or
2.  perpetuate the discrimina-on of others who are
subject to common administra-ve control.
 The following cons-tute acts of
discrimina-on:
•  Providing less compensa*on, such as salary,
wage or other forms of remunera-on and
fringe benefits, to a qualified disabled
employee, by reason of his disability, than
the amount to which a non-disabled person
performing the same work is en-tled
 The following cons-tute acts of
discrimina-on:
•  Favoring a non-disabled employee over a
qualified disabled employee with respect to
promo-on, training opportuni-es, study and
scholarship grants, solely on account of the
la`er's disability;
 The following cons-tute acts of
discrimina-on:
•  Re-assigning or transferring a disabled
employee to a job or posi-on he cannot
perform by reason of his disability;
 The following cons-tute acts of
discrimina-on:
•  Dismissing or termina-ng the services of a
disabled employee by reason of his disability
–  unless the employer can prove that he impairs the
sa-sfactory performance of the work involved to
the prejudice of the business en-ty:
•  Provided, however, That the employer first sought to
provide reasonable accommoda-ons for persons with
disability;
 The following cons-tute acts of
discrimina-on:
•  Failing to select or administer in the most
effec-ve manner employment tests which
accurately reflect the skills, ap-tude or other
factor of the disabled applicant or employee
that such tests purports to measure, rather
than the impaired sensory, manual or
speaking skills of such applicant or employee,
if any
 Employment Entrance Examina-on.
•  A disabled applicant may be subjected to
medical examina-on, on the following
occasions:
1.  all entering employees are subjected to such an
examina-on regardless of disability
2.  informa-on obtained during the medical
condi-on or history of the applicant is collected
and maintained on separate forms and in
separate medical files and is treated as a
confiden-al medical record