1. Wage? What are the prohibitions in wages?

"Wage" paid to any employee shall mean 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. "Fair and reasonable value"
shall not include any profit to the employer, or to any person affiliated with the employer.

Prohibitions Regarding Wages: IDD-WHERF

1. Art. 112. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any
employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase
merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such
employer or any other person
2. Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the
wages of his employees, except:
a. 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;
b. 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
c. In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and
Employment.
3. Art. 114. Deposits for loss or damage. No employer shall require his worker to make deposits from which deductions
shall be made for the reimbursement of loss of or damage to tools, materials, or equipment supplied by the employer, except
when the employer is engaged in such trades, occupations or business where the practice of making deductions or requiring
deposits is a recognized one, or is necessary or desirable as determined by the Secretary of Labor and Employment in
appropriate rules and regulations.
4. Art. 115. Limitations. No deduction from the deposits of an employee for the actual amount of the loss or damage shall be
made unless the employee has been heard thereon, and his responsibility has been clearly shown.
5. Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to
withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth,
intimidation, threat or by any other means whatsoever without the worker’s consent.
6. Art. 117. Deduction to ensure employment. It shall be unlawful to make any deduction from the wages of any employee
for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention
in employment.
7. Art. 118. Retaliatory measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits,
discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding
under this Title or has testified or is about to testify in such proceedings.
8. Art. 119. False reporting. It shall be unlawful for any person to make any statement, report, or record filed or kept pursuant
to the provisions of this Code knowing such statement, report or record to be false in any material respect.

2. Discuss what is Paternity Leave

Paternity leave is granted to all married male employees in the private and public sectors, regardless of their employment status (e.g.
probationary, regular, contractual, project basis). The purpose of this benefit is to allow the husband to lend support to his wife during
her period of recovery and/or in nursing her newborn child. [Sec. 3, RA 8187]

It shall be for 7 calendar days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board,
if any, provided that his pay shall not be less than the mandated minimum wage. [Sec. 2, RA 8187]

It shall apply to the first 4 deliveries of the employee’s lawful wife with whom he is cohabiting. Cohabiting means the obligation of
the husband and wife to live together. [Sec. 1, IRR, RA 8187] If the spouses are not physically living together because of the
workstation or occupation, the male employee is still entitled to the paternity leave benefit.

Pursuant to CSC Resolution No. 1501531 dated December 21, 2015, the Commission amends Section 20 of the Omnibus Rules
on Leave, as follows:
"Section 20. Paternity Leave Non-Cumulative/Non-Commutative. —
Paternity leave of seven (7) days shall be non-cumulative and strictly non-convertible to cash. The same
may be enjoyed either in a continuous or in an intermittent manner by the employee on the days
immediately before, during and after the childbirth or miscarriage of his legitimate
spouse. Said leave shall be availed of not later than sixty (60) days after the date of the child's delivery."

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Conditions for entitlement [Sec. 3, IRR, RA 8187] MECAB
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.

3. What is overtime pay? Can employer demand overtime work?

Overtime compensation is additional pay for service or work rendered or performed in excess of eight hours a day by employees or
laborers covered by the Eight-hour Labor Law. [National Shipyard and Steel Corp. v. CIR (1961)]

When he thus spends additional time to his work, the effect upon him is multi-faceted: he puts in more effort, physical and/or mental;
he is delayed in going home to his family to enjoy the comforts thereof; he might have no time for relaxation, amusement or sports;
he might miss important pre-arranged engagements; etc., etc. It is thus the additional work, labor or service employed and the adverse
effects just mentioned of his longer stay in his place of work that justify and is the real reason for the extra compensation that he called
overtime pay.

YES. The employer can demand overtime work:

Emergency overtime [Art. 89, LC] ELU-PC
Any employee may be required by the employer to perform overtime work in any of the following cases:
1. When the country is at war or when any other national or local emergency has been declared by the National Assembly or
the Chief Executive;
2. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
3. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or
damage to the employer or some other cause of similar nature;
4. When the work is necessary to prevent loss or damage to perishable goods; and
5. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction
or prejudice to the business or operations of the employer.

General Rule: OT Pay cannot be waived.

Exceptions:
1. Already provided in the written contract with built-in OT Pay
2. Adoption of CWW on voluntary basis

4. What is occupational disease?

An occupational disease is one "which results from the nature of the employment, and by nature is meant conditions to which all
employees of a class are subject and which produce the disease as a natural incident of a particular occupation, and attach to that
occupation a hazard which distinguishes it from the usual run of occupations and is in excess of the hazard attending the employment
in general.”

To be occupational, the disease must be one "due wholly to causes and conditions which are normal and constantly present and
characteristic of the particular occupation; that is, those things which science and industry have not yet learned how to eliminate.
Every worker in every plant of the same industry is alike constantly exposed to the danger of contracting a particular occupational
disease"

An occupational disease is one which develops as a result of hazards peculiar to certain occupations, due to toxic substances (as
in the organic solvents industry), radiation (as in television repairmen), repeated mechanical injury, emotional strain, etc. (Menez v
ECC, 1980)

THEORY OF INCREASED RISK

Increased Risk Theory – to establish compensability, the claimant must show proof of reasonable work-connection, not necessarily
direct causal relation. The degree of proof required is merely substantial evidence which means such relevant evidence as will
support a decision, or clear and convincing evidence. Although strict rules of evidence are not applicable, yet the basic rules that mere
allegations are not evidence cannot be disregarded.

5. Labor only v Job Contracting

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Contracting or subcontracting refers to an arrangement whereby a principal agrees to put out or farm out with a contractor the
performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job,
work or service is to be performed or completed within or outside the premises of the principal.

Legitimate contracting or subcontracting

Contracting or subcontracting shall be legitimate if all the following circumstances occur:
1. The contractor must be registered in accordance with these rules and carries a distinct and independent business
2. The contractor undertakes to perform the job, work or service on its own responsibility, according to its own manner and
method, and free from control and direction of the principal in all matters connected with the performance of the work except
as to the results thereof;
3. The contractor has substantial capital and/or investment; and
4. The Service Agreement ensures compliance with all the rights and benefits under Labor laws.

Labor-only contracting, a prohibited act, is an arrangement where the contractor or subcontractor merely recruits, supplies or places
workers to perform a job, work or service for a principal. [Polyfoam-RGC International Corp. v. Concepcion, G.R. No. 172349, (2012)]

ELEMENTS OF LABOR-ONLY CONTRACTING

A.
1.The contractor does not have substantial capital or investments in the form of tools, equipment, machineries, work
premises, among others, and
2. The employees recruited and places are performing activities which are usually necessary or desirable to the operation
of the company, or directly related to the main business of the principal within a definite or predetermined period, regardless
of whether such job, work or service is to be performed or completed within or outside the premises of the principal; or
B. The contractor does not exercise the right to control the performance of the work of the employee.

Job Contracting Labor-Only Contracting

As to nature of employer/principal

The employer or principal is merely an indirect employer by The employer/principal is treated as direct employer of the
operation of law of his contractor’s employees. contractor’s employees in all instances (contractor is deemed
agent of the employer)

As to existence of Er-Ee relationship with employer/principal

The law creates an Er-Ee relationship for a limited purpose (ie The statue creates an Er-Ee relationship for a comprehensive
to ensure that the employees are paid their wages) purpose (ie to prevent a circumvention of labor laws)

As to liability of the principal

The principal becomes solidarily liable with the contractor in the
event the latter fails to pay the employees’ wages and for
violation of labor standard laws. The liability however does not
extend to the payment of backwages or separation pay of
employees who are illegally dismissed.
The principal becomes solidarily liable with the contractor not
only for unpaid wages but also for all the rightful claims of the
employees under the Labor Code and ancillary laws.

6. Learners v Apprentices

“Apprentice" is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement. [Art
58(b) Labor Code; Sec 4 (k), RA 7796]

Learners - persons hired as trainees in semiskilled and other industrial occupations which are non-apprenticeable and which may be
learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months [Art 73, Labor
Code, Sec 4(n), RA 7796]

Apprenticeship Learnership

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 Highly technical industries Semi-skilled industrial occupations

Practical training supplemented by related theoretical instruction Practical training whether or not such practical training is
supplemented by theoretical instructions

Apprenticeable occupations approved by the SOLE Non-apprenticeable occupations

Written apprentice agreement ratified by the Learnership agreement

appropriate committees

More than 3 months, shall not exceed 6 months Shall not exceed 3 months

1. The person is at least 15 years of age, provided those who 1. When no experienced workers are available;
are at least 15 years of age but less than 18 may be eligible for 2. The employment of learners is necessary to prevent
apprenticeship only in non-hazardous curtailment of employment opportunities; and
occupation; 3. The employment does not create unfair competition in terms
2. The person is physically fit for the occupation in which he of labor costs or impair or lower working standards.
desires to be trained;
3. The person possesses vocational aptitude and capacity for
the particular occupation as established through appropriate
tests; and
4. The person is able to comprehend and follow oral and written
instructions.

Wage rate shall begin at not less than 75% of the minimum Wage rate shall begin at not less than 75% of the minimum wage
wage. Learners in piecework shall be paid in full for the work done
No compensation if SOLE authorizes, as OJT is required by the
school

A commitment to employ the learners if they so desire, as

regular employees upon completion of the learnership.
All learners who have been allowed or suffered to work during
the first 2 months shall be deemed regular employees if training
is terminated by the employer before the end of the stipulated
period through no fault of the learners.

Deductibility of ½ of training costs incurred, provided:

• Program is duly recognized by DOLE
• Deduction shall not exceed 10% of direct labor wage
• Payment of minimum wage to apprenticeship

7. Visitorial and Enforcement Power

Visitorial power. — The Secretary of Labor and Employment or his duly authorized representatives, including Labor Regulations
Officers or Industrial Safety Engineers, shall have access to employer's records and premises at any time of the day or night whenever
work is being undertaken therein, and right to copy therefrom, to question any employee, and to investigate any fact, condition or
matter relevant to the enforcement of any provision of the Code and of any labor law, wage order or rules and regulations issued
pursuant thereto.

Enforcement power. — is the power of the Secretary of Labor to compel employer to comply with labor standards upon finding of
violations discovered in the course of the exercise of the visitorial power.
1. Only claims where Er-Ee relations still exist can be covered.
2. Includes the power to:
a. to issue compliance orders to give effect to the labor standards provisions of the Labor Code and other labor
legislation based on the findings of labor and employment officers or industrial safety engineers made in the
course of inspection, and
b. to issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where
the employer contests the findings of the labor and employment officers and raises issues supported by
documentary proofs which were not considered in the course of inspection."

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 c. Order work stoppage/suspension of operations when non-compliance with the law or implementing rules and
regulations poses grave and imminent danger to the health and safety of the workers in the workplace
d. Conduct hearings within 24H to determine whether:
i. An order for stoppage of work/suspension shall be lifted or not and
ii. Employer shall pay the employees concerned their salary in case the violation is attributable to his fault

The visitorial and enforcement powers of the Secretary or DOLE RD or duly auth rep to order and enforce compliance with labor
standard laws can be exercised even where the individual claim exceeds P5k.

8. Theory of Imputed Knowledge

This is a doctrine in agency which states that the principal is chargeable with and bound by
the knowledge of or notice to his agent received while the agent was acting as such. Simply put, notice to the agent is notice to the
principal.

Since the local employment agency is considered the agent of the foreign employer, the principal, knowledge of the former of existing
labor and social legislation in the Philippines is binding on the latter. Consequently, notice to the former of any violation thereof is
notice to the latter.

However, notice to the principal is not notice to the agent. The SC held in Sunace International Management Services, Inc. vs.
NLRC [G.R. 161757 (2006)] that “the theory of imputed knowledge ascribes the knowledge of the agent to the principal, not the other
way around. The knowledge of the principal-foreign employer cannot, therefore, be imputed to its agent.”

9. Discuss Limited Portability Law [RA 7699]

R.A. No. 7699 was enacted to enable those from the private sector who transfer to the government service or from the government
sector to the private sector to combine their years of service and contributions which have been credited with the SSS or GSIS,
as the case may be, to satisfy the required number of years of service for entitlement to the benefits under the applicable laws.

COVERAGE [SEC. 3]
1. Workers who transfer employment from one sector to another; or
2. Those employed in both sectors (public and private).

The covered worker shall have his credible services or contributions in both Systems credited to his service or contribution record in
each of the Systems and shall be totalized for purposes of old-age, disability, survivorship and other benefits in case the covered
member does not qualify for such benefits in either or both systems without totalization: Provided, however, That overlapping periods
of membership shall be credited only once for purposes of totalization
[Sec. 3]

“Totalization” shall refer to the process of adding up the periods of creditable services or contributions under each of the Systems,
for purposes of eligibility and computation of benefits [Sec. 2(e)]. Overlapping periods of membership in case of those employed in
both sectors at once are to be counted only ONCE for purposes of totalization to be able to satisfy eligibility requirements of benefits
provided for by either SSS or GSIS. [Sec. 3]

On the other hand, the term “portability” refers to the transfer of funds for the account and benefit of a worker who transfers from
one system to the other.

Totalization will apply:

A. if a worker is not qualified for any benefits from both Systems; or
B. if a worker in the public sector is not qualified for any benefits from the GSIS; or
C. if a worker in the private sector is not qualified for any benefits from the SSS.

For purposes of computation of benefits, totalization applies in all cases so that the contributions made by the worker-member in both
Systems shall provide maximum benefits which otherwise will not be available. In no case shall the contribution be lost or forfeited.

If after totalization, the worker-member still does not qualify for any benefit as listed in the law, the member will then get whatever
benefits correspond to his/her contributions in either or both Systems. If a worker qualifies for benefits in both Systems, totalization
shall not apply.

10. Grounds for denial of claims in ECC

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Art 178: No compensation shall be allowed to the employee or his dependents when the injury,
sickness, disability, or death was occasioned by any of the following: WINO
1. intoxication;
To the extent that one is not entirely himself or so that his judgment is impaired and his act, word, or conduct is
visibly impaired.
2. willful intention to injure or kill himself or another
The injury must be intentionally self-inflicted, which contemplates a deliberate intent on the part of the employee,
not a failure on his part to realize the probable consequences to himself of his foolish act
General Rule: No compensation for self-inflicted injuries and suicide.
Exceptions: However as held in NAESS vs. NLRC, the supreme court ruled that a self inflicted death could be
compensable if :
a. by agreement of the parties
b. The suicide/death is caused by a work related or compensable illness or disease.
3. notorious negligence
Notorious Negligence something more than simple or contributory negligence. It signifies a deliberate act of the
employee to disregard his own personal safety. Disobedience to rules and/or prohibition does not in itself
constitute notorious negligence, if no intention can be attributed to the injured to end his life.

The primary consideration for not finding notorious negligence is usually:

1. Lack of knowledge or awareness of the peril or seriousness of the existing danger; and
2. The unexpectedness under the circumstances of the accident.

4. otherwise provided by the LC

11. Illegal Recruitment

“Recruitment and placement" refers to any act of: CETCHUP - CRAP

(a) Canvassing,
(b) Enlisting,
(c) Transporting,
(d) Contracting,
(e) Hiring
(f) Utilizing, or
(f) Procuring workers,

And also includes

(a) Contract services,
(b) Referrals,
(c) Advertising for employment, locally or abroad, whether for profit or not
(d) Promising

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]

Any of the acts mentioned above constitutes recruitment and placement.

The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. Any of the acts
mentioned in Article 13(b) will constitute recruitment and placement even if only one prospective worker is involved. The proviso
merely lays down a rule of evidence that where a fee is collected in consideration of a promise or offer of employment to two or more
prospective workers, the individual or entity dealing with them shall be presumed to be engaged in the act of recruitment and
placement. [People v. Panis]

Prohibited Acts
(a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed
by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or
advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of
securing a license or authority under this Code.

(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the
transfer is designed to liberate the worker from oppressive terms and conditions of employment;

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 (e) To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment
through his agency;
(f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;
(h) To fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as may be required by the Secretary of Labor.
(i) To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing
thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor;
(j) To become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or
indirectly in the management of a travel agency; and
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other
than those authorized under this Code and its implementing rules and regulations.

12. Senior Citizens Act

1. Article XIII, Section 11 of the Constitution provides that the State shall adopt an integrated and comprehensive approach to
health development which shall endeavor to make essential goods, health and other social services available to all the
people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women and
children. Article XV, Section 4 of the Constitution further declares that it is the duty of the family to take care of its elderly
members while the State may design programs of social security for them.
2. Senior citizen or elderly refers to any resident citizen of the Philippines at least sixty (60) years old;
3. SEC. 4. Privileges for the Senior Citizens. — The senior citizens shall be entitled to the following:
(a) the grant of twenty percent (20%) discount and exemption from the value-added tax (VAT), if applicable, on the sale
of the following goods and services from all establishments, for the exclusive use and enjoyment or availment of senior
citizens:
(1) on the purchase of medicines, including the purchase of influenza and pneumococcal vaccines, and such
other essential medical supplies, accessories and equipment to be determined by the Department of Health
(DOH).
The DOH shall establish guidelines and mechanisms of compulsory rebates in the sharing of burden of discounts
among retailers, manufacturers and distributors, taking into consideration their respective margins;
(2) on the professional fees of attending physician/s in all private hospitals, medical facilities, outpatient clinics
and home health care services;
(3) on the professional fees of licensed professional health workers providing home health care services as
endorsed by private hospitals or employed through home health care employment agencies;
(4) on medical and dental services, diagnostic and laboratory fees in all private hospitals, medical facilities,
outpatient clinics, and home health care services, in accordance with the rules and regulations to be issued by
the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth);
(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility jeepneys (PUJs), taxis,
Asian utility vehicles (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Mass Rail
Transit (MRT), and Philippine National Railways (PNR);
(6) in actual transportation fare for domestic air transport services and sea shipping vessels and the like, based
on the actual fare and advanced booking;
(7) on the utilization of services in hotels and similar lodging establishments, restaurants and recreation centers;
(8) on admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals, and other
similar places of culture, leisure and amusement; and
(9) on funeral and burial services for the death of senior citizens;
(b) exemption from the payment of individual income taxes of senior citizens who are considered to be minimum wage
earners in accordance with Republic Act No. 9504;
(c) the grant of a minimum of five percent (5%) discount relative to the monthly utilization of water and electricity
supplied by public utilities: Provided, That the individual meters for the foregoing utilities are registered in the name of the
senior citizen residing therein: Provided, further, That the monthly consumption does not exceed one hundred kilowatt hours
(100 kWh) of electricity and thirty cubic meters (30 m3) of water: Provided, furthermore, That the privilege is granted per
household regardless of the number of senior citizens residing therein;
(d) exemption from training fees for socioeconomic programs;
(e) free medical and dental services, diagnostic and laboratory fees such as, but not limited to, x-rays, computerized
tomography scans and blood tests, in all government facilities, subject to the guidelines to be issued by the DOH in
coordination with the PhilHealth;
(f) the DOH shall administer free vaccination against the influenza virus and pneumococcal disease for indigent senior
citizen patients;

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 (g) educational assistance to senior citizens to pursue post-secondary, tertiary, post tertiary, vocational and technical
education, as well as short-term courses for retooling in both public and private schools through provision of scholarships,
grants, financial aids, subsidies and other incentives to qualified senior citizens, including support for books, learning
materials, and uniform allowance, to the extent feasible: Provided, That senior citizens shall meet minimum admission
requirements;
(h) to the extent practicable and feasible, the continuance of the same benefits and privileges given by the Government
Service Insurance System (GSIS), the Social Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed
by those in actual service;
(i) retirement benefits of retirees from both the government and the private sector shall be regularly reviewed to ensure
their continuing responsiveness and sustainability, and to the extent practicable and feasible, shall be upgraded to be at par
with the current scale enjoyed by those in actual service;
(j) to the extent possible, the government may grant special discounts in special programs for senior citizens on purchase
of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry
(DTI) and the Department of Agriculture (DA);
(k) provision of express lanes for senior citizens in all commercial and government establishments; in the absence thereof,
priority shall be given to them; and
(l) death benefit assistance of a minimum of Two thousand pesos (Php2,000.00) shall be given to the nearest surviving
relative of a deceased senior citizen which amount shall be subject to adjustments due to inflation in accordance with the
guidelines to be issued by the DSWD.

4. In the availment of the privileges mentioned above, the senior citizen, or his/her duly authorized representative, may submit
as proof of his/her entitlement thereto any of the following:
1. an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of the place where the senior
citizen resides: Provided, That the identification card issued by the particular OSCA shall be honored nationwide;
2. the passport of the senior citizen concerned; and
3. other documents that establish that the senior citizen is a citizen of the Republic and is at least sixty (60) years of
age as further provided in the implementing rules and regulations.
In the purchase of goods and services which are on promotional discount, the senior citizen can avail of the promotional
discount or the discount provided herein, whichever is higher.

5. The establishment may claim the discounts granted under subsections (a) and (c) of this section as tax deduction based
on the cost of the goods sold or services rendered: Provided, That the cost of the discount shall be allowed as deduction
from gross income for the same taxable year that the discount is granted: Provided, further, That the total amount of the
claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be
subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended.

13. May minors be employed?

YES. For legal purposes, the term “child” refers to any person less than eighteen (18) years of age. A “working child” refers to any
child engaged as follows:
1. when the child is below eighteen (18) years of age, in work or economic activity that is not “child labor;” and
2. when the child below fifteen (15) years of age:
General Rule: Children below 15 shall NOT be employed
EXCEPTIONS:
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.

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 In the above-exceptional cases where any such child may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance
of the above requirements.

Employment of Children from 15 to 18

Employment 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.
[Sec. 3, Rule XII, Book III, IRR of LC] The Secretary of Labor shall from time to time publish a list of hazardous work and
activities in which persons 18 years of age and below cannot be employed [Sec. 3, Rule XII, Book III, IRR of LC]

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

The following hours of work shall be observed for any child allowed to work under R.A. No. 9231 and its Implementing Rules:
1. For a child below 15 years of age, the hours of work shall not be more than twenty (20) hours per week, provided that the
work shall not be more than four (4) hours at any given day;
2. For a child 15 years of age but below 18, the hours of work shall not be more than eight (8) hours a day, and in no case
beyond forty (40) hours a week; and
3. No child below 15 years of age shall be allowed to work between eight (8) o’clock in the evening and six (6) o’clock in the
morning of the following day and no child 15 years of age but below 18 shall be allowed to work between ten (10) o’clock in
the evening and six (6) o’clock in the morning of the following day.

No child below 18 years of age is allowed to be employed as a model in any advertisement directly or indirectly promoting alcoholic
beverages, intoxicating drinks, tobacco and its by-products, gambling or any form of violence or pornography.

14. Wage Distortion

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 [Art. 124,
LC]

Elements of wage distortion HCES

1. Existing hierarchy of positions with corresponding salary rates;
2. A significant change in the salary rate of a lower pay class without a concomitant increase in the salary rate of a higher
one;
3. The elimination of the distinction between the two levels; and
4. The existence of the distortion in the same region of the country. [Prubankers Assn. v. Prudential Bank and Co. (1999)]

How to Resolve [LC Art. 124]

Organized Establishment
1. Employer and the union shall negotiate to correct the distortions.
2. Disputes shall be resolved through the grievance procedure.
3. If still unresolved, voluntary arbitration.
Grievance Procedure (under the CBA) → if unresolved, VOLUNTARY arbitration

Unorganized Establishment
1. ERs and Employees shall endeavor to correct such distortions.
2. Disputes shall be settled through the National Conciliation and Mediation Board.
3. If still unresolved after 10 calendar days of conciliation, it shall be referred to the appropriate branch of the NLRC
– compulsory arbitration
● Both the employer and employee cannot use economic weapons.

MCDA I CKBF 9
 4. Employer cannot declare a lock-out; Employee cannot declare a strike because the law has provided for a
procedure for settling
5. The salary or wage differential does not need to be maintained. [National Federation of Labor v. NLRC, 1994]
National Conciliation and Mediation Board → if unresolved, COMPULSORY arbitration by the NLRC

15. Compassionate Visit

RA 8042: Sec 37-A(g) - Compassionate visit.

1. When a migrant worker is hospitalized and
2. has been confined for at least seven (7) consecutive days,
3. he shall be entitled to a compassionate visit by one (1) family member or a requested individual.
4. The insurance company shall pay for the transportation cost of the family member or requested individual to the major
airport closest to the place of hospitalization of the worker.
5. It is, however, the responsibility of the family member or requested individual to meet all visa and travel document
requirements;

16. Large scale Illegal Recruitment

Illegal Recruitment in large scale shall be considered an offense involving economic sabotage same with illegal recruitment committed
by a syndicate.
Illegal Recruitment is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
The elements of Large-scale illegal recruitment are:
1. The offender undertakes any activity within the meaning of “recruitment and placement” defined under Article 13(b), Labor
Code or any prohibited practice enumerated in Arts. 34 and 38 of the Labor Code or Migrant Worker’s Act as amended (RA
8042 amended by RA 10022) whenever applicable; and
2. The offender commits the same against 3 or more persons, individually or as a group.

17. Workmen’s Compensation Act vs Employees’ Compensation Law

Workmen’s Compensation Act (Act 3428) Employees’ Compensation Law (PD 442 as amended by PD
626)

Presumption of Compensability –once it is proven that injury or Abolished

disease arose in course of employment

Rule that if ailment aggravated by work employer becomes Abolished

liable

No need to present proof of causation Proof of causation in needed is disease is not included in the
Table of Occupational Disease

Employer has the burden of proof Claimant has the burden of proof

The employer may controvert the claim within 14 days from date No need to controvert because the claim is against the SIF not
of disability or within 10 days from knowledge thereof, otherwise, the employer
he is deemed to have waived the right

Payment of compensation is made by the employer Payment of compensation is made by the System, SSS or
GSIS, through the State Insurance Fund.
Employer’s obligation is merely to pay his monthly contribution
equivalent to 1% of the monthly salary of covered employees.

Litiguous, quasi-judicial Administrative

18. Compensable Work Time

ART. 84. HOURS WORKED

Hours worked shall include
(a) all time during which an employee is required to be on duty or to be at a prescribed workplace, and
(b) all time during which an employee is suffered or permitted to work.
Rest periods of short duration during working hours shall be counted as hours worked.

MCDA I CKBF 10
Principles in Determining Hours Worked [Book III, Rule 1, Sec. 4, IRR]:
(a) All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours
are spent in productive labor or involve physical or mental exertion;
(b) An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough
that he stops working, may rest completely and may leave his workplace, to go elsewhere, whether within or outside the
premises of his workplace;
(c) If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end
of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours
worked, if the work was with the knowledge of his employer or immediate supervisor;
(d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered
time either:
i. If the imminence of the resumption of work requires the employee’s presence at the place of work; or
ii. If the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.

Waiting time
Waiting time spent by an employee shall be considered as working time if:
1. If waiting is considered an integral part of his work; or
2. If the employee is required or engaged by an employer to wait.

Rest period – short duration or “coffee break”

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 5 to 20 minutes shall be considered as compensable working time. [Book III, Rule 1, Sec.
7, par. 2, IRR]

On call
Compensable work time, if employee is:
(1) Required to remain on call in the employer’s premises or so close thereto
(2) That he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call.
Book III, Rule 1, Sec. 5(b), IRR.
An employee who is not required to leave word at his home or with company officials where he may be reached is NOT working while
on call.

Work interruption due to brownouts

Brownouts of short duration, but not exceeding 20 minutes, shall be treated as hours worked, whether used productively by the
employees or not.
If they last more than 20 minutes, the time may not be treated as hours worked if:
a) the employees can leave their workplace or go elsewhere whether within or without the work premises; OR
b) the employees can use the time effectively for their own interest.
In this case, the employer may extend the working hours beyond the regular schedule on that day to compensate for the loss of
productive man-hours without being liable for overtime pay.

Lectures, meetings, trainings

Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if ALL of the
following conditions are met:
(1) Attendance is outside of the employee’s regular working hours;
(2) Attendance is in fact voluntary; and
(3) The employee does not perform any productive work during such attendance. [IRR, Book III, Rule 1, Sec. 6]

(1) Attendance in lectures, meetings, and training periods sanctioned or required by the employer are considered hours worked.
(2) Attendance in CBA negotiations or grievance meeting is compensable hours worked.
(3) Attendance in hearings in cases filed by the employee is NOT compensable hours worked.
(4) Participation in strikes is NOT compensable working time.

Travel time [Department of Labor Manual]

(1) Travel from home to work – An employee who travels from home before his regular workday and returns to his home at the end of
the workday is engaged in ordinary home-to-work travel which is NOT considered hours worked, EXCEPT:
a. When called to travel during emergency;
b. When travel is done through a conveyance furnished by the employer;
c. Travel is done under vexing and dangerous circumstances;

MCDA I CKBF 11
 d. Travel is done under the supervision and control of the employer.
(2) Travel that is all in the day’s work – Time spent by an employee in travel from jobsite to jobsite during the workday, must be
counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work
there, the travel from the designated place to the workplace is part of the day’s work.
(3) Travel away from home - Travel that keeps an employee away from home overnight is travel away from home. Travel away from
home is worktime when it cuts across the employee’s workday. The time is hours worked not only on regular working hours but
also during the corresponding hours on non-working days.

19. Simple Illegal Recruitment vs Large Scale Illegal Recruitment

Simple Illegal Recruitment Large Scale Illegal Recruitment

Illegal Recruitment committed by any persons who is neither a Illegal Recruitment is deemed committed in large scale if
licensee nor a holder of authority committed against three (3) or more persons individually or as a
group.

The elements of Simple illegal recruitment are:
1. The offender has no valid license or authority required
by law to lawfully engage in recruitment and
placement of workers; and
2. The offender undertakes any activity within the
meaning of “recruitment and placement” defined
under Article 13(b), Labor Code or any prohibited
practice enumerated in Arts. 34 and 38 of the Labor
Code or Migrant Worker’s Act as amended (RA 8042
amended by RA 10022) whenever applicable
The elements of Large-scale illegal recruitment are:
1. The offender commits the same against 3 or more
persons, individually or as a group; and
2. The offender undertakes any activity within the
meaning of “recruitment and placement” defined
under Article 13(b), Labor Code or any prohibited
practice enumerated in Arts. 34 and 38 of the Labor
Code or Migrant Worker’s Act as amended (RA 8042
amended by RA 10022) whenever applicable

20. Who are Night Workers? What are their benefits?

RA 10151 repealing Arts 130 &131, LC

Night worker - Any employed person whose work requires performance of a substantial number of hours of night work which exceed
a specified limit. This limit shall be fixed by the Sec of Labor after consulting the workers’ representatives/labor organizations and
employers. [Art. 154, LC as amended by RA 10151]
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. [Book III, Rule XV, Sec. 2, IRR, through
DO 119-12]

Benefits:
1. Health Assessment
At the worker’s request, they shall have the right to undergo a health assessment without charge and to receive advice on
how to reduce or avoid health problems associated with their work:
(a) Before taking up an assignment as a night worker;
(b) At regular intervals during such an assignment;
(c) If they experience health problems during such an assignment.
With the exception of a finding of unfitness for night work, the findings of such assessments shall be confidential and shall
NOT be used to their detriment, subject, however, to applicable company policies. [Art. 155, LC as amended by RA 10151;
Book III, Rule XV, Sec. 3, IRR, through DO 119-12]

2. Mandatory Facilities
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
(c) Separate toilet facilities for men & women
(d) Facility for eating w/ potable drinking water; AND
(e) Facilities for transportation and/or properly ventilated temporary sleeping or resting quarters, separate for male and
female workers, shall be provided except where any of the ff. circumstances is present:

i. There is an existing company guideline, practice or policy, CBA, or any similar agreement providing for an
equivalent or superior benefit; or

MCDA I CKBF 12
 ii. Start or end of the night work does NOT fall within 12 mn - 5 am; or
iii. Workplace is located in an area that is accessible 24 hours to public transportation; or
iv. Number of employees does NOT exceed a specified number as may be provided for by the SOLE in subsequent
issuances [Art. 156, LC as amended by RA 10151; Book III, Rule XV, Sec. 4, IRR, through DO 119-12]

3. Transfer
If night worker is unfit for night work due to health reasons as certified by competent physician, s/he shall be:
(1) Transferred in good faith to a job for which they are fit to work whenever practicable, which must be similar and
equivalent position;
(2) If transfer is not practicable, or workers are unable to render night work for a continuous period of not less than 6 months
upon certification of a competent public health authority, they shall be granted the same benefits as other workers who
are unable to work due to illness.
(3) If workers are certified as temporarily unfit to render night work for a period of less than 6 months, they shall be given
the same protection against dismissal or notice of dismissal as other workers who are prevented from working for
health reasons. [Art. 157, LC as amended by RA 10151; Book III, Rule XV, Sec. 5, IRR, through DO 119-12]

4. Women Night Workers

Employers shall ensure that measures shall be taken to ensure that an alternative to night work for pregnant and nursing
employees who would otherwise be called upon to perform such work. Such measures may include:

(1) Transfer to day work – As far as practicable, pregnant or nursing employees shall be assigned to day work, before
and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after
childbirth; Medical certificate issued by competent physician (OB/Gyne/Pedia) is necessary for the grant of:
(a) additional periods of assignment to day work during pregnancy or after childbirth, provided that such shall not
be more than 4 weeks or for a longer period as may be agreed upon by employer and worker;
(b) extension of maternity leave; and
(c) clearance to render night work.
(2) Provision of social security benefits - in accordance with provisions of Act No 8282 (Social Security Act of 1997) and
other existing company policy or collective bargaining agreement.
(3) Extension of maternity leave – where transfer to day work is not possible, but requires recommendation by competent
physician; without pay or using earned leave credits, if any [Art. 158, LC, as amended by RA 10151; Book III, Rule XV, Sec.
6, IRR, through DO 119-12]

5. Protection against dismissal and loss of benefits attached to employment status, seniority, and access to promotion
Where no alternative work can be provided to a woman employee who is not in a position to render night work, she shall be
allowed to go on leave or on extended maternity leave, using her earned leave credits.
A woman employee shall NOT be dismissed for reasons of pregnancy, childbirth and childcare responsibilities as defined
under this Rule. She shall NOT lose the benefits regarding her employment status, seniority, and access to promotion which
may attach to her regular night work position. [Book III, Rule XV, Sec. 8, IRR, through DO 119-12]

21. Liability of Agency and Foreign Employer

Private employment agencies are held jointly and severally liable with the foreign-based employer for any violation of the recruitment
agreement or contract of employment. This joint and solidary liability imposed by law against recruitment agencies and foreign
employers is meant to assure the aggrieved worker of immediate and sufficient payment of what is due him [Becmen Service Exporter
vs. Sps. Cuaresma, G.R. 182978-79, (2009]

Foreign employer shall assume joint and solidary liability with the employer for all claims and liabilities which may arise in connection
with the implementation of the contract, including but not limited to payment of wages, death and disability compensation and
repatriation

22. Rest Day

WEEKLY REST DAY

It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less
than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. [Art. 91 (a)]

Preference of the employee

The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to
such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the
preference of employees as to their weekly rest day when such preference is based on religious grounds. [Art. 94 (b)]

MCDA I CKBF 13
EMERGENCY REST DAY WORK
The employer may require his employees to work on any day:
(1) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or
other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;
(2) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the
employer would otherwise suffer;
(3) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be
expected to resort to other measures;
(4) To prevent loss or damage to perishable goods;
(5) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury
or loss to the employer; and
(6) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and
Employment. [Art. 92, LC]

Synthesis of the Rules:

(1) Rest day of not less than 24 consecutive hours after 6 consecutive days of work.
(2) No work, no pay principle applies
(3) If an employee works on his designated rest day, he is entitled to a premium pay.
(4) Premium pay is additional 30% of the basic pay.
(5) Employer selects the rest day of his employees
(6) However, employer must consider the religious reasons for the choice of a rest day.
(7) When the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice
or obstruction to the operations and the employer cannot normally be expected to resort to other measures, the employer
may so schedule the weekly rest day of his choice for at least two days in a month. [IRR, Book Three, Rule III, Sec.
4]

23. Qualified beneficiaries under CARP

Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as much as possible to landless residents of the
same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: ARSO ACO
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries; and
(g) others directly working on the land.

Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the
distribution of the land of their parents: and provided, further, that actual tenant-tillers in the landholdings shall not be ejected or
removed therefrom.

Beneficiaries under PD No. 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries
under this Program.

A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as
possible. The DAR shall adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of
negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall
submit periodic reports on the performance of the beneficiaries to the PARC.

If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to
accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the
option of the beneficiaries.

Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in
the distribution of lands from the public domain. (Sec 22, RA 6657)

Disqualifications of Beneficiaries [Section 22] 3SMF

1. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land;
2. Beneficiaries guilty of negligence or misuse of the land or any support extended to them;

MCDA I CKBF 14
 3. Beneficiaries with at least three (3) hectares of agricultural land; and
• Under the CARL, a beneficiary is landless if he owns less than three (3) hectares of agricultural land. [Section 25]
4. Beneficiaries whose land have been the subject of foreclosure by the Land Bank of the Philippines. [Section 26]
• Under the CARL, the LBP may foreclose on the mortgage for non-payment of the beneficiary of an aggregate of three
(3) annual amortizations. [Section 26]

Registration of Beneficiaries. — The DAR in coordination with the Barangay Agrarian Reform Committee (BARC) as organized in
this Act, shall register all agricultural lessees, tenants and farmworkers who are qualified to be beneficiaries of the CARP. These
potential beneficiaries with the assistance of the BARC and the DAR shall provide the following data:
(a) names and members of their immediate farm household;
(b) owners or administrators of the lands they work on and the length of tenurial relationship;
(c) location and area of the land they work;
(d) crops planted; and
(e) their share in the harvest or amount of rental paid or wages received.
A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the barangay hall, school or other
public buildings in the barangay where it shall be open to inspection by the public at all reasonable hours. (Sec 15, RA 6657)

24. Kasambahay - who, benefits, privileges

RA NO. 10361
Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an employment relationship such as, but
not limited to, the following: general househelp, nursemaid or "yaya", cook, gardener, or laundry person, but shall exclude any person
who performs domestic work only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement, and are provided access to education and given an
allowance incidental to education, i.e., "baon", transportation, school projects and school activities.

Domestic work refers to work performed in or for a household or households.

Household refers to the immediate members of the family or the occupants of the house that are directly provided services by the
domestic worker.

Benefits:
Leave Benefits. — A domestic worker who has rendered at least 1 year of service shall be entitled to an annual service incentive
leave of 5 days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the
succeeding years. Unused leaves shall not be convertible to cash.

Social and Other Benefits. — A domestic worker who has rendered at least 1 month of service shall be covered by the SSS, the
PhilHealth, and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the
pertinent provisions provided by law. Premium payments or contributions shall be shouldered by the employer. However, if the
domestic worker is receiving a wage of P5,000 and above per month, the domestic worker shall pay the proportionate share in the
premium payments or contributions, as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws.

The domestic worker is entitled to a 13th month pay as provided for by law.

Privileges: SBPCE DW5

1. Standard of Treatment. — The employer or any member of the household shall not subject a domestic 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 domestic worker.
2. Board, Lodging and Medical Attendance. — The employer shall provide for the basic necessities of the domestic worker
to include at least 3 adequate meals a day and humane sleeping arrangements that ensure safety. The employer shall
provide appropriate rest and assistance to the domestic 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
necessities as punishment or disciplinary action to the domestic worker.
3. Guarantee of Privacy. — Respect for the privacy of the domestic worker shall be guaranteed at all times and shall extend
to all forms of communication and personal effects. This guarantee equally recognizes that the domestic worker is obliged
to render satisfactory service at all times.
4. Access to Outside Communication. — The employer shall grant the domestic worker access to outside communication
during free time: Provided, That in case of emergency, access to communication shall be granted even during work time.

MCDA I CKBF 15
 Should the domestic worker make use of the employer's telephone or other communication facilities, the costs shall be
borne by the domestic worker, unless such charges are waived by the employer.
5. Right to Education and Training. — The employer shall afford the domestic worker the opportunity to finish basic
education and may allow access to alternative learning systems and, as far as practicable, higher education or technical
and vocational training. The employer shall adjust the work schedule of the domestic worker to allow such access to
education or training without hampering the services required by the employer.
6. Daily Rest Period. — The domestic worker shall be entitled to an aggregate daily rest period of 8 hours per day.
7. Weekly Rest Period. — The domestic worker shall be entitled to at least 24 consecutive hours of rest in a week. The
employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker:
Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such
preference is based on religious grounds.
Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding 5 days; or
(d) Other similar arrangements.
8. Minimum Wage. — The minimum wage of domestic workers shall not be less than the following:
A. P2,500 a month for those employed in the NCR;
B. P2,000 a month for those employed in chartered cities & first class municipalities; and
C. P1,500 a month for those employed in other municipalities.
9. Payment of Wages. — Payment of wages shall be made on time directly to the domestic worker to whom they are due
in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make
no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic
worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as
provided for under this Act.
10. Prohibition on Interference in the Disposal of Wages. — It shall be unlawful for the employer to interfere with the freedom
of any domestic worker to dispose of the latter's wages. The employer shall not force, compel or oblige the domestic worker
to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make
use of any store or services of such employer or any other person.
11. Prohibition Against Withholding of Wages. — It shall be unlawful for an employer, directly or indirectly, to withhold the
wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period
not exceeding 15 days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part
of the wages by force, stealth, intimidation, threat or by any other means whatsoever.

Termination of Service. — Neither the domestic worker nor the employer may terminate the contract before the expiration of the
term except for grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is unjustly dismissed, the domestic
worker shall be paid the compensation already earned plus the equivalent of 15 days work by way of indemnity. If the domestic worker
leaves without justifiable reason, any unpaid salary due not exceeding the equivalent 15 days work shall be forfeited. In addition, the
employer may recover from the domestic worker costs incurred related to the deployment expenses, if any: Provided, That the service
has been terminated within 6 months from the domestic worker's employment.

If the duration of the domestic service is not determined either in stipulation or by the nature of the service, the employer or the
domestic worker may give notice to end the working relationship 5 days before the intended termination of the service.

The domestic worker and the employer may mutually agree upon written notice to pre-terminate the contract of employment to end
the employment relationship.

25. Nature of State Insurance Fund

State insurance fund is built up by the contribution of employers based on the salaries of their employees. The injured worker does
not have to litigate his right to compensation. No employer opposes his claim. There is no notice of injury nor requirement of
controversion. The sick worker simply les a claim with a new neutral Employees’ Compensation Commission which then determines
on the basis of the employee’s supporting papers and medical evidence whether or not compensation may be paid. The payment of
benefits is more prompt. The cost of administration is low. The amount of death bene ts has also been doubled.
The new law applies the social security principle in the handling of workmen’s compensation. The Commission administers and
settles claims from a fund under its exclusive control. The employer does not intervene in the compensation process and it has no
control, as in the past, over payment of benefits. The open-ended Table of Occupational Diseases requires no proof of causation. A
covered claimant suffering from an occupational disease is automatically paid bene ts.

MCDA I CKBF 16
Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over 60 years of age;
Provided, That an employee who is over 60 years of age and paying contributions to qualify for the retirement or life insurance bene
t administered by the System shall be subject to compulsory coverage. (Art 174, LC)

Compulsory coverage of the employer during the effectivity of this Title shall take effect on the first day of his operation, and that of
the employee, on the date of his employment. (Art 176, LC)

The State Insurance Fund shall be liable for compensation to the employee or his dependents, except when the disability or death
was occasioned by the employee’s intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise
provided under this Title. (Art 178, LC)

Unless otherwise provided, the liability of the State Insurance Fund under this Title shall be exclusive and in place of all other
liabilities of the employer to the employee, his dependents or anyone otherwise entitled to receive damages on behalf of the
employee or his dependents. The payment of compensation under this Title shall not bar the recovery of bene ts as provided for in
Section 699 of the Revised Administrative Code, RA 1161, as amended, Commonwealth Act 186, as amended, RA 610, as amended,
and other laws whose benefits are administered by the System, or by other agencies of the government. (Art 178, LC)

26. Wage Order

ART. 123. WAGE ORDER

Whenever conditions in the region so warrant, the Regional Board shall investigate and study all pertinent facts and, based on the
standards and criteria herein prescribed, shall proceed to determine whether a Wage Order should be issued. Any such Wage Order
shall take effect after 15 days from its complete publication in at least 1 newspaper of general circulation in the region.

In the performance of its wage-determining functions, the Regional Board shall conduct public hearings/consultations, giving
notices to employees’ and employers’ groups, provincial, city, and municipal officials and other interested parties.

Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within 10 calendar
days from the publication of such order. It shall be mandatory for the Commission to decide such appeal within 60 calendar days from
the ling thereof.

The filing of the appeal does not stay the order unless the person appealing such order shall le with the Commission an undertaking
with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding
increase, in the event such order is affirmed.

National Wages and Productivity Commission adopted and promulgated NWPC Guidelines No. 001-95 [Revised Rules of Procedure
on Minimum Wage Fixing] on November 29, 1995.

Contents of Wage Order. — A Wage Order shall specify the region, province or industry to which the minimum wage rates
prescribed under the Order shall apply and provide exemptions, if any, subject to guidelines issued by the Commission.

Frequency of Wage Order. — Any Wage Order issued by the Board may not be disturbed for a period of 12 months from
its effectivity, and no petition for wage increase shall be entertained within the said period. (EXCEPTION) In the event,
however, that supervening conditions, such as extraordinary increases in prices of petroleum products and basic
goods/services, demand a review of the minimum wage rates as determined by the Board and confirmed by the
Commission, the Board shall proceed to exercise its wage fixing function even before the expiration of the said period.

Effectivity of Wage Order. — A Wage Order shall take effect 15 days after its publication in at least 1 newspaper of general
circulation in the region.
The NWPC prescribes rules and guidelines for determination of appropriate minimum wage and productivity measures at
the regional, provincial or industry levels. Further, the NWPC may review the wage levels set by the RTWPBs. But a wage-
fixing order by the RTWPB does not need prior approval by the NWPC. The Labor Code does not require NWPC’s approval
of a wage order. What it requires is for the wage board to conduct a public hearing over a petition for a wage order, to decide
such petition within thirty (30) days after the last hearing, and to “furnish the Commission a copy of the decision on the
petition or the wage order.” Furnishing the NWPC a copy of the Wage Order does not mean seeking the Commission’s
approval.

What needs prior approval is not the wage order but its implementing rules and regulations which the board has to prepare
within 10 days from issuance of the wage order. The secretary of labor, upon recommendation of the commission, may
approve the implementing rules.

MCDA I CKBF 17
Art. 124. Standards/Criteria for minimum wage fixing. The regional minimum wages to be established by the Regional Board shall be
as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency
and general well-being of the employees within the framework of the national economic and social development program. In the
determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following:
a. The demand for living wages;
b. Wage adjustment vis-à-vis the consumer price index;
c. The cost of living and changes or increases therein;
d. The needs of workers and their families;
e. The need to induce industries to invest in the countryside;
f. Improvements in standards of living;
g. The prevailing wage levels;
h. Fair return of the capital invested and capacity to pay of employers;
i. Effects on employment generation and family income; and
j. The equitable distribution of income and wealth along the imperatives of economic and social development.

The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region.
These wages shall include wages varying with industries, provinces or localities if in the judgment of the Regional Board, conditions
make such local differentiation proper and necessary to effectuate the purpose of this Title. Any person, company, corporation,
partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board, Commission
and the National Statistics Office, an itemized listing of their labor component, specifying the names of their workers and employees
below the managerial level, including learners, apprentices and disabled/handicapped workers who were hired under the terms
prescribed in the employment contracts, and their corresponding salaries and wages.

Where the application of any prescribed wage increase by virtue of a law or wage order issued by any Regional Board results in
distortions of the wage structure within an establishment, the employer and the union shall negotiate to correct the distortions. Any
dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement
and, if it remains unresolved, through voluntary arbitration. Unless otherwise agreed by the parties in writing, such dispute shall be
decided by the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred to voluntary arbitration. In
cases where there are no collective agreements or recognized labor unions, the employers and workers shall endeavor to correct
such distortions. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and, if it
remains unresolved after ten (10) calendar days of conciliation, shall be referred to the appropriate branch of the National Labor
Relations Commission (NLRC). It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within
twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. The pendency of a dispute arising from
a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of
law or wage order

As used herein, a wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or
severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an
establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or
other logical bases of differentiation. All workers paid by result, including those who are paid on piecework, takay, pakyaw or task
basis, shall receive not less than the prescribed wage rates per eight (8) hours of work a day, or a proportion thereof for working less
than eight (8) hours. All recognized learnership and apprenticeship agreements shall be considered automatically modified insofar as
their wage clauses are concerned to reflect the prescribed wage rates. (As amended by Republic Act No. 6727, June 9, 1989)

27. Prescription to file work related injury

No claim for compensation shall be given due course unless said claim is led with the System within 3 years from the time the cause
of action accrued. (Art 207, LC)
-- Under this Article 207, the claim must be filed within 3 years from accrual of the cause of action. But under Article 1144
of the Civil Code, the prescriptive period is 10 years.
The High Court has ruled that the 10-year period applies. “The liability of the employer to pay compensation under the
Workmen’s Compensation Act is an obligation created by law, and under paragraph (2) of Article 1144 of the Civil Code of
the Philippines, the action to enforce this obligation can be brought within 10 years from the time the right of action accrues.”

In the Sanico case, the Supreme Court ruled that the claim was filed within 3 years as required by Article 201 [now 207]
because the 3 years have to be counted from the time the employee lost his earning capacity, not from the time the
illness was discovered.
--The Court finds no need at this time to rule on the seeming conflict between the prescriptive period for filing claims for
compensation benefits under Article 201 of the Labor Code and Article 1144(2) of the Civil Code.

MCDA I CKBF 18
 -- Where the injury to the claimant at the time of the accident was apparently unimportant and, therefore, did not warrant
the filing of a claim for compensation until it became evident that he was in imminent danger of losing the sight of the injured
eye, he could not exercise his right to claim compensation within the period fixed by law. This right accrued and became
available when he finally learned that he lost the sight of one of his eyes. (Phil. Manuf. Co. vs. Nabor, G.R. No. 47563,
November 25, 1940 [70 Phil. 650])

The statutory right to compensation under the Workmen’s Compensation Act prescribes in 10 years counted from the nature of
accrual of the claim

28. OFW. Effect of breach of contract of employment by employer.

"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."

Effect of breach of contract of employment by employer.

1. In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, or any
unauthorized deductions from the migrant worker's salary, the worker shall be entitled to the full reimbursement if his
placement fee and the deductions made with interest at 12% per annum, plus his salaries for the unexpired portion of his
employment contract.
2. Section 16 of R.A. No. 8042, as amended states:
Upon discovery or being informed of the presence of migrant workers whose ages fall below the minimum age
requirement for overseas deployment, the responsible officers in the foreign service shall without delay repatriate said
workers and advise the Department of Foreign Affairs through the fastest means of communication available of such
discovery and other relevant information. The license of a recruitment/manning agency which recruited or deployed an
underage migrant worker shall be automatically revoked and shall be imposed a fine of not less than five hundred
thousand pesos (P500,000.00) but not more than one million pesos (P1,000,000.00). All fees pertinent to the processing of
papers or documents in the recruitment or deployment shall be refunded in full by the responsible recruitment/manning
agency, without need of notice, to the underage migrant worker or to his parents or guardian. The refund shall be
independent of and in addition to the indemnification for the damages sustained by the underage migrant worker. The
refund shall be paid within thirty (30) days from the date of the mandatory repatriation as provided for in this Act.

29. Bombo Radyo case and NLRC jurisdiction

PEOPLE'S BROADCASTING SERVICE (BOMBO RADYO PHILS., INC.) vs. SOLE (March 6, 2012)

FACTS:
1. Private respondent Juezan filed a complaint against petitioner for illegal deduction, nonpayment of service incentive leave, 13th
month pay, premium pay for holiday and rest day and illegal diminution of benefits, delayed payment of wages and non-coverage of
SSS, PAG-IBIG and Philhealth.
2. After the conduct of summary investigations, the DOLE RD found that private respondent was an employee of petitioner, and was
entitled to his money claims.
3. Petitioner sought reconsideration of the Director's Order, but failed.
4. 2009 DECISION: The Court found that there was no employer-employee relationship between petitioner and private respondent. It
was held that while the DOLE may make a determination of the existence of an employer-employee relationship, this function could
not be co-extensive with the visitorial and enforcement power provided in Art. 128 (b) of the Labor Code, as amended by RA 7730.
The NLRC was held to be the primary agency in determining the existence of an employer- employee relationship. This was the
interpretation of the Court of the clause "in cases where the relationship of employer-employee still exists" in Art. 128 (b).
5. From this Decision, the PAO filed a Motion for Clarification of Decision to clarify as to when the visitorial and enforcement power of
the DOLE be not considered as co-extensive with the power to determine the existence of an employer- employee relationship.

ISSUE: May the DOLE make a determination of whether or not an employer-employee relationship exists, and if so, to what extent?

HELD: YES
1. Under Art. 129 of the Labor Code, the power of the DOLE and its duly authorized hearing officers to hear and decide any matter
involving the recovery of wages and other monetary claims and benefits was qualified by the proviso that the complaint not include a
claim for reinstatement, or that the aggregate money claims not exceed P5,000. RA 7730 did away with the P5,000 limitation, allowing
the DOLE Secretary to exercise its visitorial and enforcement power for claims beyond P5,000. The only qualification to this expanded
power of the DOLE was only that there still be an existing employer-employee relationship.

MCDA I CKBF 19
 a. If there is no employer-employee relationship, whether it has been terminated or it has not existed from the start, the
DOLE has no jurisdiction.
b. An employer-employee relationship must exist for the exercise of the visitorial and enforcement power of the DOLE.

2. No limitation in the law was placed upon the power of the DOLE to determine the existence of an employer-employee relationship.

a. The law did not say that the DOLE would first seek the NLRC's determination of the existence of an Er-Em relationship,
or that should the existence of the Er-Em relationship be disputed, the DOLE would refer the matter to the NLRC.
b. The DOLE must have the power to determine whether or not an Er-Em relationship exists, and from there to decide
whether or not to issue compliance orders in accordance with Art. 128 (b) of the Labor Code, as amended by RA 7730.
c. The elements to determine the existence of an employment relationship are: (1) the selection and engagement of the
employee; (2) the payment of wages; (3) the power of dismissal; (4) the employer's power to control the employee's conduct.

i. The use of this test is not solely limited to the NLRC. The DOLE Secretary, or his representatives, can utilize
the same test, even in the course of inspection, making use of the same evidence that would have been presented before
the NLRC.
d. The expanded visitorial and enforcement power of the DOLE granted by RA 7730 would be rendered nugatory if the
alleged employer could, by the simple expedient of disputing the Er-Em relationship, force the referral of the matter to the
NLRC. The Court issued the declaration that at least a prima facie showing of the absence of an employer-employee
relationship be made to oust the DOLE of jurisdiction.

3. If the DOLE makes a finding that there is an existing Er-Em relationship, it takes cognizance of the matter, to the exclusion of the
NLRC. The DOLE would have no jurisdiction only if the Er-Em relationship has already been terminated, or it appears, upon review,
that no employer-employee relationship existed in the first place.
a. This is not to say that the determination by the DOLE is beyond question or review. There are judicial remedies.

b. Under Art. 128 (b) of the Labor Code, as amended by RA 7730, the DOLE is fully empowered to make a determination
as to the existence of an employer-employee relationship in the exercise of its visitorial and enforcement power, subject to
judicial review, not review by the NLRC.
c. The power of the DOLE to determine the existence of an Er-Em relationship need not necessarily result in an affirmative
finding. The DOLE may well make the determination that no employer-employee relationship exists, thus divesting itself of
jurisdiction over the case.
d. DOLE had the jurisdiction, despite the amount of the money claims involved. Furthermore, the inspection held by the
DOLE RD was prompted specifically by a complaint. Therefore, the initiation of a case through a complaint does not divest
the DOLE Secretary or his duly authorized representative of jurisdiction under Art. 128 (b).
e. To recapitulate, if a complaint is brought before the DOLE to give effect to the labor standards provisions of the Labor
Code or other labor legislation, and there is a finding by the DOLE that there is an existing Er-Em relationship, the DOLE
exercises jurisdiction to the exclusion of the NLRC.
i. If the DOLE finds that there is no Er-Em relationship, the jurisdiction is properly with the NLRC.

ii. If a complaint is filed with the DOLE, and it is accompanied by a claim for reinstatement, the jurisdiction is
properly with the Labor Arbiter, under Art. 217 (3) of the Labor Code, which provides that the Labor Arbiter has
original and exclusive jurisdiction over those cases involving wages, rates of pay, hours of work, and other terms
and conditions of employment, if accompanied by a claim for reinstatement.

iii. If a complaint is filed with the NLRC, and there is still an existing Er-Em relationship, the jurisdiction is properly
with the DOLE.

iv. The findings of the DOLE, however, may still be questioned through a petition for certiorari under Rule 65 of
the Rules of Court.

4. In the present case, the finding of the DOLE RD that there was an Er-Em relationship has been subjected to review by this Court,
with the finding being that there was no Er-Em relationship between petitioner and private respondent, based on the evidence
presented.

5. The DOLE had no jurisdiction over the case, as there was no Er-Em relationship present. Thus, the dismissal of the complaint
against petitioner is proper.

NLRC jurisdiction
DOLE has the authority to determine the existence of an employer-employee relationship, “subject to judicial review, not review by
NLRC.”

MCDA I CKBF 20
• Employer-employee relationship is a jurisdictional requisite, absent of which, the NLRC has no jurisdiction to hear and decide the
case.

The NLRC exercises two (2) kinds of jurisdiction: (1) Original jurisdiction; and (2) Exclusive appellate jurisdiction.

1. Original jurisdiction:

1. Injunction in ordinary labor disputes to enjoin or restrain any actual or threatened commission of any or all prohibited
or unlawful acts or to require the performance of a particular act in any labor dispute which, if not restrained or
performed forthwith, may cause grave or irreparable damage to any party;
2. Injunction in strikes or lockouts under Article 264 of the Labor Code; and
3. Certified labor disputes causing or likely to cause a strike or lockout in an industry indispensable to the national interest,
certified to it by the Secretary of Labor and Employment for compulsory arbitration.
2. Exclusive appellate jurisdiction:

1. All cases decided by the Labor Arbiters including contempt cases; and
2. Cases decided by the DOLE Regional Directors or his duly authorized Hearing Officers (under Article 129) involving
recovery of wages, simple money claims and other benefits not exceeding P5,000 and not accompanied by claim for
reinstatement.

If a complaint is brought before the DOLE to give effect to the labor standards provisions of the Labor Code or other labor legislation,
and there is a finding by the DOLE that there is an existing employer-employee relationship, the DOLE exercises jurisdiction to the
exclusion of the NLRC.

If the DOLE finds that there is no employer-employee relationship, the jurisdiction is properly with the NLRC.

If a complaint is filed with the DOLE, and it is accompanied by a claim for reinstatement, the jurisdiction is properly with the Labor
Arbiter, under Art. 217(3) of the Labor Code, which provides that the Labor Arbiter has original and exclusive jurisdiction over those
cases involving wages, rates of pay, hours of work, and other terms and conditions of employment, if accompanied by a claim for
reinstatement.

If a complaint is filed with the NLRC, and there is still an existing employer-employee relationship, the jurisdiction is properly with the
DOLE. The findings of the DOLE, however, may still be questioned through a petition for certiorari under Rule 65 of the Rules of
Court. (People’s Broadcasting Service vs. The Secretary of the Department of Labor and Employment, G.R. No. 179652, March 6,
2012)

NLRC divisions
(1) Original Jurisdiction: Over petitions for injunction or temporary restraining order under Art. 225 (e).
(2) Exclusive Appellate Jurisdiction: over all cases decided by labor arbiters (Art 224[b]) and the DOLE regional directors
under Art 129.

RA 8042 transferred to the NLRC the jurisdiction over employer-employee relations cases.

RA 8042 not only transferred from POEA to NLRC the jurisdiction over money claims of OFWs, it even expanded the scope of such
money claim. When the jurisdiction was still with the POEA, the jurisdiction covered only money claims involving Filipino workers for
overseas employment. Now the NLRC jurisdiction is over money claims involving Filipino workers for overseas deployment.

Requisites of LA’s jurisdiction over Money Claims

(1) Money claims arose from ER-EE relations, and
(2) Money claims arose from law or contracts other than a CBA

If money claims do not arise from ER- EE relations, Regular courts has jurisdiction.
If money claims arise from ER-EE relations but by virtue of implementation of CBA, Voluntary Arbitrator has jurisdiction.

Jurisdiction on Money Claims (Labor Arbiter vs. Regional Director)

1. A money claim arising from employer-employee relations, except SSS, ECC/Medicare claims, is within the jurisdiction
of a labor arbiter if:
a. The claim, regardless of amount, is accompanied with a claim of reinstatement; or
b. The claim exceeds P5,000, whether or not there is a claim for reinstatement.

MCDA I CKBF 21
30. 24-Hour Duty Doctrine and Exception

Soldiers and policemen and even firemen by the nature of their work may be considered on duty round-the-clock. But this doctrine,
while it relaxes the workplace factor does not dispense with the work-connection requisite.
24-hour duty doctrine serves more as an after-the-fact validation of their acts to place them within the scope of the guidelines rather
than a blanket license to benefit them in all situations that may give rise to their deaths. In other words, the doctrine should not be
sweepingly applied to all acts and circumstances causing the death of the police officer but only to those which, although not on official
line of duty, are nonetheless, basically police service in character.

Exception
• Acts that are not police service in character nor not peacekeeping in nature. (Valeriano vs ECC; GSIS vs CA)

31. Anti Sexual Harassment Act

RA 7877
Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy
over another in a work or training or education 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.
(a)In a work-related or employment environment, sexual harassment is committed when:
(1)The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment
of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2)The above acts would impair the employee's rights or privileges under existing labor laws; or
(3)The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b)In an education or training environment, sexual harassment is committed:
(1)Against one who is under the care, custody or supervision of the offender;
(2)Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3)When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships
or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4)When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or
apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the
commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or
deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts
of sexual harassment.

The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual
harassment committed in the employment, education or training environment if the employer or head of office, educational or training
institution is informed of such acts by the offended party and no immediate action is taken thereon.

31. Non-Diminution of Benefits

General Rule: There is a prohibition against elimination or diminution of benefits [Art. 100]
No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed by
Congress. [Art. 127, as amended by Republic Act No. 6727, June 9, 1989]

Requisites: RECU

If the following are met, then the employer cannot remove or reduce benefits [Vergara Jr. v Coca-Cola Bottlers Phils]:
(1) Ripened company policy: Benefit is founded on a policy which has ripened into a practice over a long period
(2) Practice is consistent and deliberate and
(3) Not due to error in the construction or application of a doubtful or difficult question of law. [Globe Mackay Cable vs. NLRC,
1988]
(4) The diminution or discontinuance is done unilaterally by the employer.

When not applicable: At least one of the requisites is absent.

(1) Mistake in the application of the law [Globe Mackay Cable v. NLRC, June 29, 1988]

MCDA I CKBF 22
 (2) Negotiated benefits [Azucena]
(3) Reclassification of Positions – e.g. loss of some benefits by promotion.
(4) Contingent or Conditional Benefits – the rule does not apply to a benefit whose grant depends on the existence of certain
conditions, so that the benefit is not demandable if those preconditions are absent.

Benefits initiated through negotiation between Employee and Employer, e.g. CBA, can only be eliminated or diminished bilaterally.

32. Facilities v Supplements

The distinction between facilities and supplement is relevant because the former is wage-deductible while the latter is not. Simply
put, a wage includes facilities. [Art. 97,LC)

Facilities are articles or services for the benefit of the employee or his family. This 1st part defines facilities.

Facilities shall not include tools of the trade or articles or service primarily for the benefit of the employer or necessary to the conduct
of the employer’s business. This 2nd part is essentially defines what a supplement is.

Criterion: In determining whether a privilege is a facility, the criterion is not so much its kind but it’s PURPOSE [Millares v NLRC &
PICOP, 1999]

Facilities are items of expense necessary for the laborer’s and his family’s existence and subsistence. [States Marine Corp. v. Cebu
Seamen's Assoc., Inc., 1963]

Facilities Supplements
Articles or services/items of expense Extra remuneration or special benefits / articles or services /
tools of the trade
For the benefit of the employee and his family; for their For the benefit or convenience of the employer
existence and subsistence
Part of wage so it is deductible Independent of the Wage so not deductible

33. Regular v Casual Employee

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.

The primary standard, therefore, of determining a regular employment is the reasonable connection between the particular activity
performed by the employee in relation to the usual business or trade of the employer. The test is whether the former is usually
necessary or desirable in the usual business or trade of the employer. The connection can be determined by considering the nature
of the work performed and its relation to the scheme of the particular business or trade in its entirety. Also, if the employee has been
performing the job for at least one year, even if the performance is not continuous or merely intermittent, the law deems the repeated
and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business.
Hence, the employment is also considered regular, but only with respect to such activity and while such activity exists (De Leon v.
NLRC, 1989).

Book VI, Rule 1, Sec. 5 (b), IRR: Casual employment. There is casual employment where an 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: Provided, That any employee who has rendered at least one year of service,
whether such service is continuous or not, shall be considered a regular employee with respect to the activity in which he is employed
and his employment shall continue while such activity exists.

34. CARP- Revolutionary

The expropriation before us affects all private agricultural lands whenever found and of whatever kind as long as they are in excess
of the maximum retention limits allowed their owners. This kind of expropriation is intended for the benefit not only of a particular
community or of a small segment of the population but of the entire Filipino nation, from all levels of our society, from the
impoverished farmer to the land-glutted owner. Its purpose does not cover only the whole territory of this country but goes beyond in
time to the foreseeable future, which it hopes to secure and edify with the vision and the sacrifice of the present generation of
Filipinos. Generations yet to come are as involved in this program as we are today, although hopefully only as beneficiaries of a
richer and more fulfilling life we will guarantee to them tomorrow through our thoughtfulness today. And, finally, let it not be forgotten
that it is no less than the Constitution itself that has ordained this revolution in the farms, calling for "a just distribution" among
the farmers of lands that have heretofore been the prison of their dreams but can now become the key at least to their deliverance.

Such a program will involve not mere millions of pesos. The cost will be tremendous. Considering the vast areas of land subject to
expropriation under the laws before us, we estimate that hundreds of billions of pesos will be needed, far more indeed than the amount
of P50 billion initially appropriated, which is already staggering as it is by our present standards. Such amount is in fact not even fully
available at this time.

We assume that the framers of the Constitution were aware of this difficulty when they called for agrarian reform as a top priority
project of the government. It is a part of this assumption that when they envisioned the expropriation that would be needed, they also
intended that the just compensation would have to be paid not in the orthodox way but a less conventional if more practical

MCDA I CKBF 23
method. There can be no doubt that they were aware of the financial limitations of the government and had no illusions that there
would be enough money to pay in cash and in full for the lands they wanted to be distributed among the farmers. We may therefore
assume that their intention was to allow such manner of payment as is now provided for by the CARP Law, particularly the payment
of the balance (if the owner cannot be paid fully with money), or indeed of the entire amount of the just compensation, with other things
of value. We may also suppose that what they had in mind was a similar scheme of payment as that prescribed in P.D. No. 27, which
was the law in force at the time they deliberated on the new Charter and with which they presumably agreed in principle.

Accepting the theory that payment of the just compensation is not always required to be made fully in money, we find further that
the proportion of cash payment to the other things of value constituting the total payment, as determined on the basis of the areas
of the lands expropriated, is not unduly oppressive upon the landowner. It is noted that the smaller the land, the bigger the payment
in money, primarily because the small landowner will be needing it more than the big landowners, who can afford a bigger balance in
bonds and other things of value. No less importantly, the government financial instruments making up the balance of the payment are
"negotiable at any time." The other modes, which are likewise available to the landowner at his option, are also not unreasonable
because payment is made in shares of stock, LBP bonds, other properties or assets, tax credits, and other things of value
equivalent to the amount of just compensation.

35. Regular Holiday v Special Holiday

Holiday pay is a one-day pay given by law to an employee even if he does not work on a regular holiday. This gift of a day’s pay is
limited to each of the 12 regular holidays.

The said 12 regular holidays are considered GUARANTEED WITH PAY since employees should be paid their wages during regular
holidays regardless of whether they work or not on those days.

As far as special (non-working) days are concerned, the principle of ‘NO WORK, NO PAY” applies, which means that if workers do
not work on special (non-working) days, they do not receive any wages for those days, unlike in the case of regular holidays as above
discussed.

REGULAR HOLIDAYS SPECIAL HOLIDAYS

1. New Year’s day – January 1 1. All Saint’s Day – November 1
2. Maundy Thursday – movable 2. Last Day of the Year – Dec 31
3. Good Friday – movable 3. Ninoy Aquino Day – August 21
4. Araw ng Kagitingan – April 9 4. Other days declared by law
5. Labor Day – May 1 5. Those declared by law or ordinance (local holidays)
6. Independence Day – June 12
7. Nat’l Heroes Day
8. Bonifacio Day – Nov 30
9. Christmas – December 25
10. Rizal Day – December 30
11. Eid’l Fitr – movable
12. Eid’l Adha – movable

Effects of absences on the computation of holiday pay

1. Employees on leave of absence with pay - entitled to holiday pay when they are on leave of absence with pay.
2. Employees on leave of absence without pay on the day immediately preceding the regular holiday - may not be paid
the required holiday pay if they have not worked on such regular holiday.
3. Employees on leave while on SSS or employee’s compensation benefits - Employers should grant the same percentage
of the holiday pay as the benefit granted by competent authority in the form of employee’s compensation or social security
payment, whichever is higher, if they are not reporting for work while on such benefits.
4. When day preceding regular holiday is a non-working day or scheduled rest day - should not be deemed to be on leave
of absence on that day, in which case, employees are entitled to the regular holiday pay if they worked on the day immediately
preceding the non-working day or rest day.

36. Service Incentive Leave v Night Shift Differential

SIL - Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days
with pay. [Art. 95(a), LC.]

"At least one year service" shall mean service for not less than 12 months, whether continuous or broken, reckoned from the date
the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment
as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall
be considered as one year. [Book III, Rule V, Sec. 3, IRR.]

Purpose: As motivation for the employee to stay longer with the employer

Night shift differential [Art. 86, LC] The additional compensation of 10% of an employee’s regular wage for each hour of work
performed between 10pm and 6am.

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37. Mandatory Repatriation

Section 16 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 16. Mandatory Repatriation of Underage Migrant Workers. — Upon discovery or being informed of the presence of migrant
workers whose actual ages fall below the minimum age requirement for overseas deployment, the responsible of􀁀cers in the foreign
service shall without delay repatriate said workers and advise the Department of Foreign Affairs through the fastest means of
communication available of such discovery and other relevant information. The license of a recruitment/manning agency which
recruited or deployed an underage migrant worker shall be automatically revoked and shall be imposed a 􀁀ne of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00). All fees pertinent to the processing
of papers or documents in the recruitment or deployment shall be refunded in full by the responsible recruitment/manning agency,
without need of notice, to the underage migrant worker or to his parents or guardian. The refund shall be independent of and in addition
to the indemni􀁀cation for the damages sustained by the underage migrant worker. The refund shall be paid within thirty (30) days
from the date of the mandatory repatriation as provided for in this Act."

38. Battered Woman Syndrome

RA 9262
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living
in battering relationships as a result of cumulative abuse.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission
of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition
to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified
in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of
the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-
employee who is a victim under this Act shall likewise be liable for discrimination.

39. 24 Hour Doctrine

Soldiers and policemen and even firemen by the nature of their work may be considered on duty round-the-clock. But this doctrine,
while it relaxes the workplace factor does not dispense with the work-connection requisite.

At any rate the 24-hour duty doctrine serves more as an after-the-fact validation of their acts to place them within the scope of the
guidelines rather than a blanket license to benefit them in all situations that may give rise to their deaths. In other words, the doctrine
should not be sweepingly applied to all acts and circumstances causing the death of the police officer but only to those which, although
not on official line of duty, are nonetheless, basically police service in character.

40. Presumption of Aggravation

The presumption of aggravation states that if the ailment of an employee was aggravated by his work, the employer was liable for
compensation. This doctrine has been abolished in the new Employees’ Compensation Law.

41. Fixed Period Employment

Art. 295 [280] has no application to instances where a fixed period of employment was agreed upon knowingly and voluntarily by the
parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances
vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal
terms with no moral dominance whatever being exercised by the former over the latter. [Brent School v. Zamora, G.R. No. L-48494,
(1990)]

Conditions for the validity of fixed contract agreement between employer and employee
1. Fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or
improper pressure or any other circumstances vitiating his consent; or
2. The employer and the employee dealt with each other on more or less equal terms with no moral dominance exercised by
the former or the latter.

Project employment and Fixed-term employment distinguished

A project employee is assigned to carry out a specific project or undertaking, the duration and scope of which were specified at the
time the employee is engaged for the project. The duration of a fixed-term employment agreed upon by the parties may be any day
certain, which is understood to be "that which

MCDA I CKBF 25
must necessarily come although it may not be known when." The decisive determinant in fixed-term employment is not the activity
that the employee is called upon to perform but the day certain agreed upon by the parties for the commencement and termination of
the employment relationship. [GMA Network, Inc. v. Pabriga, G.R. No. 176419, (2013)]

42. Labor Arbiter Jurisdiction

Art. 217. Jurisdiction of the Labor Arbiters and the Commission.

Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide,
within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of
stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural: UTR-DES
1. Unfair labor practice cases;
2. Termination disputes;
3. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of
work and other terms and conditions of employment;
4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations;
5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts;
and
6. Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from
employer-employee relations, including those of persons in domestic or household service, involving an amount
exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.

43. Disqualified in Recruitment Activities

The following persons and entities are disqualified to participate or engage in the recruitment and placement of workers for overseas
employment: TOC DeG

a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or partners in a partnership engaged in the business of a travel
agency;
c. Corporations and partnerships, where any of its officers, members of the board or partners is also an officer, member
of the board or partner of a corporation or partnership engaged in the business of a travel agency;
d. Individuals, partners, officers or directors of an insurance company who make, propose or provide an insurance
contract under the compulsory insurance coverage for agency-hired Overseas Filipino Workers;
e. Sole proprietors, partners or officers and members of the board with derogatory records, such as, but not limited to
the following:

1. Those convicted, or against whom probable cause or prima facie finding of guilt is determined by a competent
authority, for illegal recruitment, or for other related crimes or offenses committed in the course of, related to, or
resulting from, illegal recruitment, or for crimes involving moral turpitude;
2. Those agencies whose licenses have been revoked for violation of RA 8042 (Migrant Workers and Overseas
Filipinos Act of 1995), as amended, PD 442 (Labor Code of the Philippines), as amended, and RA 9208
(Trafficking in Persons Act of 2003), as amended, and their implementing rules and regulations;
3. Those agencies whose licenses have been cancelled, or those who, pursuant to the Order of the Administrator,
were included in the list of persons with derogatory record for violation of recruitment laws and regulations; and

f. Any official or employee of the DOLE, POEA, OWWA, DFA, DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBI, PNP, Civil
Aviation Authority of the Philippines (CAAP), international airport authorities, and other government agencies directly
involved in the implementation of RA 8042, as amended, and/or any of his/her relatives within the fourth civil degree
of consanguinity or affinity.

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