TOPIC PARTIES INVOLVED EXTENT OF LIABILITY MISCELLANEOUS INFO EXCEPTIONS TO WATCH OUT

FOR
CONTRACTING Employer or indirect Solidary Liability - wages to REGISTRATION FEE = 100K 174 not applicable to:
AGREEMENT employer and contractor the extent of work RENEWAL=100K (30 D BEFORE § BPO
or subcontractor performed under the EXPIRATION) § KPO
contract; violation of labor § LPO
code Failure: presumption that labor- IT infrastructure Outsourcing
only contracting = § Hardware or Software
Support
§ Medical Transcription
§ Animation Services
§ Back Office
Operations/Support
§ Construction Industry
governed by D.O. 19-93
(except: registration is still
pursuant to D.O. 174)
§ Private Security Agencies
governed by D.O. 150-16
(exception: registration still
under D.O. 174-17)
§ Contractual Relationships
- Contract of
sale/purchase
- Contract of lease
- Contract of carriage
- Contract of growership
- Toll manufacturing
- Contract of
management, operation
and maintenance
§ Contracting out of jobs or
work to a professional or
individual with unique skills
and talents
 SPECIAL WORKERS
QUALIFICATION EMPLOYER’S INCENTIVE WAGE HOURS OF DURATION OF EMPLOYER OBJECTIVES MISCELLANEOUS INFORMATION
“WORK” TRAINING OR QUALIFICATION
OVERTIME EMPLOYMENT
QUALIFICATION
APPRENTICE a) Be at least additional deduction from wage rate of the 8 hours The period of employers in the 1. To help meet - The period of apprenticeship shall
fourteen (14) taxable income of one-half apprentice shall apprenticeship shall not highly technical the demand of not exceed six months
No ee-er rel years of age; (1/2) of the value of labor start at seventy Time spent in exceed six (6) months. industries may the economy - Exhaustion of administrative
b) Possess training expenses incurred for five (75%) per related theoretical employ for trained remedies
vocational developing the productivity and cent of the instructions shall a. Four hundred (400) apprentices and manpower;
aptitude and efficiency of apprentices shall statutory be considered as hours or two (2) only in Gen rule: apprenticeship program is
capacity for be granted to the person or minimum wage hours of work and months for trades or apprenticeable 2. To establish a a voluntary undertaking of the
appropriate enterprise organizing an for the first six shall be reckoned occupations which occupations national employer
tests; and apprenticeship program: (6) months; jointly with on-the- normally require a approved by the apprenticeship
c) Possess the PROVISO: thereafter, he job training time in year or more for Secretary of Labor program Exception:
ability to 1. That such program is shall be paid the computing in the proficiency; and and Employment. through the (a) When grave national
comprehend duly recognized by the full minimum agreement the b. Two hundred (200) participation emergencies, particularly those
and follow oral Department of Labor and wage, including appropriate periods hours or one (1) of employers, involving the security of the state,
and written Employment the full cost of for giving wage month for workers and arise or particular requirements of
instructions. 2. That such deduction living allowance increases to the occupations and jobs government economic development so
shall not exceed ten (10%) apprentice. which require more and non- demand, the Secretary of Labor
percent of direct labor wage Apprenticeship than three months but government and Employment may
3. That the person or without Overtime less than one year for agencies; and recommend to the President of
enterprise who wishes to compensation An apprentice not proficiency. the Philippines the compulsory
avail himself or itself of this The Secretary of otherwise barred by 3. To establish training of apprentices required
incentive should pay his Labor and law from working Ratio of theoretical apprenticeship in a certain trades, occupations,
apprentices the minimum Employment eight hours a day instruction and on-the- standards for jobs or employment levels where
wage through the may be requested job training. the protection shortage of trained manpower is
Apprenticeship by his employer to The normal ratio is one of deemed critical;
Certification from Division, may work overtime and hundred (100) hours of apprentices. (b) Where services of foreign
Apprenticeship Division. — An authorize the paid accordingly, theoretical instructions technicians are utilized by private
employer desiring to avail of hiring of PROVISO: for every two thousand companies in apprenticeable
the tax deduction provided apprentices (a) there are no (2,000) hours of trades said companies are
under the Code shall secure without available regular practical or on-the-job required to set up appropriate
from the Apprenticeship compensation workers to do training. apprenticeship programs.
Division a certification that his whose training the job,
apprenticeship program was on the job is (b) the overtime Theoretical instructions Makes use of apprenticeship
operational during the taxable required by the work thus time for occupations aggrement
year concerned. Such school curriculum rendered is duly requiring less than two
certification shall be attached as a prerequisite credited toward thousand hours for
to the employer's income tax for graduation or his training time. proficiency shall be
returns for the particular year. for taking a computed on the basis
government of such ratio.
board
examination
 QUALIFICATION EMPLOYER’S INCENTIVE WAGE HOURS OF “WORK” DURATION OF EMPLOYER OBJECTIVES MISCELLANEOUS INFORMATION
OVERTIME TRAINING OR QUALIFICATION
QUALIFICATION EMPLOYMENT
LEARNER 1. No experienced shall begin at duration of the - semi-skilled and - - In learnership agreement-
workers are not less than learnership period, other industrial commitment to employ the
No ee-er rel available seventy-five which shall not exceed occupations learners if they so desire, as
2. the employment percent (75%) three (3) - which are non- regular employees upon
of learners is of the months apprenticeable completion of the learnership.
necessary to applicable - which may be - All learners who have been
prevent minimum wage learned through allowed or suffered to work
curtailment of practical training during the first two (2) months
employment on the job in a shall be deemed regular
opportunities, relatively short employees if training is
3. the employment period of time terminated by the employer
does not create - which shall not before the end of the stipulated
unfair exceed three (3) period through no fault of the
competition in months. learners.
terms of labor - A minor below fifteen (15) years
costs or impair or of age shall not be eligible for
lower working employment as a learner. Those
standards. below eighteen (18) years of age
may only be employed in non-
hazardous occupations.
- Learners employed in piece or
incentive-rate jobs during the
training period shall be paid in
full for the work done.

HANDICAPPED (a) Their employment shall not be less Based on agreement - Subject to the appropriate
WORKERS is necessary to than with employer provisions of this Code,
prevent seventy five handicapped workers may be hired
ee-er curtailment of (75%) percent as apprentices or learners if their
relationship employment of the handicap is not such as to
earning opportunities applicable legal effectively impede the performance
capacity is (b) when it does not minimum wage of job operations in the particular
impaired by create unfair occupations for which they are
age or competition in hired.
physical or labor costs or
mental impair or lower
deficiency or working
injury. standards.
 QUALIFICATION EMPLOYER’S INCENTIVE WAGE HOURS OF DURATION OF EMPLOYER OBJECTIVES MISCELLANEOUS INFORMATION
“WORK” TRAINING OR QUALIFICATION
OVERTIME EMPLOYMENT
QUALIFICATIO
N
DISABLED (a) individual with 1. Private entities that employ Disabled persons are part Implementation of One Percent (1%)
PERSONS disability, with disabled persons who meet the of Philippine society, thus 1. For Government Agencies At least one
reasonable required skills or qualifications, the State shall give full percent (1%) of all regular and non-
ee-er accommodations, either as regular employee, support to the regular positions in all government
relationship (b) can perform the apprentice or learner, shall be improvement of the total agencies shall be reserved for persons
essential entitled to an additional deduction, well-being of disabled with disability. Should there be a fraction
include those functions of the from their gross income, equivalent persons and their in coming up with a sum of at least one
who have employment to twenty-five percent (25%) of the integration into the percent (1%) of the total plantilla positions
long term position that such total amount paid as salaries and mainstream of society. in a government agency, the same shall
physical, individual holds or wages to disabled persons Toward this end, the be considered as one (1) position
mental, desires. State shall adopt policies reserved for persons with disability
intellectual or PROVISO: ensuring the Government agencies that are currently
sensory However, That such entities present proof as rehabilitation, self- employing PWDs with at least 1% of the
impairments consideration shall certified by the Department of Labor development and self- total positions shall be considered
which in be given to the and Employment that disabled reliance of disabled compliant with this IRR.
interaction employer's persons are under their employ persons. It shall develop
with various requirement as to their skills and potentials However, nothing in this rule shall prevent
barriers may what functions of a That the disabled employee is to enable them to compliant government agencies from hiring
hinder their job are essential, accredited with the Department of compete favorably for more PWDs, nor shall allow them to diminish
full and and if an employer Labor and Employment and the available opportunities the number of currently employed and
effective has prepared a Department of Health as to his qualified persons with disability.
participation written description disability, skills and qualifications.
in society on before advertising However, in cases where no qualified PWD
an equal or interviewing an 2. Private entities that improve or applies for the available position, the
basis with applicant for the modify their physical facilities in concerned agency has the option to hire
others job, this description order to provide reasonable non-PWD applicant.
shall be considered accommodation for disabled
evidence of the persons shall also be entitled to an 2. For Private Corporations Private
essential functions additional deduction from their net corporations with more than one hundred
of the job. taxable income, equivalent to fifty (100) employees are encouraged to
percent (50%) of the direct costs reserve at least one percent (1%) of all
of the improvements or positions for PWDs.
modifications. However, nothing in this rule shall prevent
private corporations with less than 100
This Section, however, does not employees from hiring PWDs.
apply to improvements or
modifications of facilities required
under Batas Pambansa Bilang 344.
 QUALIFICATION EMPLOYER’S INCENTIVE ALLOWANCE HOURS OF “WORK” DURATION OF EMPLOYER OBJECTIVES MISCELLANEOUS INFORMATION
OVERTIME TRAINING OR QUALIFICATION
QUALIFICATION EMPLOYMENT
DUAL TRAINEE’S Normal Daily Training Stipulated in MOA Dual trainee is trainee of both
TRAINING ALLOWANCE Hours — refers to school and establishment (reason
(to be paid by eight (8) hours a day for MOA)
no ee-er rel establishment and may be rendered
directly to TVI) from 6 o'clock in the In-Plant Training — The portion of a
in no way, be morning up to 10 DTS program where trainees receive
less than o'clock in the evening. practical learning that may be
seventy-five integrated in the regular work
percent (75%) system of an Establishment
of the whenever and wherever possible.
applicable Guided by a training plan that is
minimum daily mutually accepted by the TVET
wage for every provider and partner establishments,
eight (8) hours the time allotted for this learning
actually spent phase shall be in accordance with
by the trainee in their mutual agreement but not
the inconsistent with the provisions of
Establishment this IRR.
for the in-plant
training. In-School Training — the portion of
a DTS program where trainees
The trainee's receive technology-based
allowance shall theoretical instruction in a lecture
be computed area and hands-on exercises in a
based on eight laboratory and/or a workshop within
(8) hours per the premises of a TVI.
day.
Establishment need not be highly
DAILY technical unlike apprenticeship
ALLOWANCE
(to be paid by
establishment)
Lot less than
30% of trainee’s
daily allowance
 Jobstarters General provisions
QUALIFICATION EMPLOYER’S INCENTIVE WAGE Hours of “work” EMPLOYER OBJECTIVES MISCELLANEOUS INFORMATION
Overtime qualification QUALIFICATION
JOBSTARTER (a) Be a Filipino The trainees a participating to shorten the employer shall be allowed to take in
citizen; shall receive a establishment or youth's school JobStart trainees only up to a
No ee-er rel (b) Be eighteen (18) daily training enterprise which to work maximum of twenty percent (20%)
to twenty-four allowance from may be a transition by of its total workforce.
(24) years of age the JobStart unit company, sole enhancing the
at the time of the beginning from proprietorship, knowledge and In case the training contract has
registration the life skills partnership, skills acquired been terminated, replacement of a
period. Those who training stage to corporation, or in formal JobStart trainee in an establishment
are seventeen (17) the technical any other legal education or shall be allowed subject to the
years old may also training stage entity registered technical cause of termination.
register provided under relevant training by
that they will be daily stipend of laws that may jobseekers in In case the termination is caused by
eighteen (18) not less than provide a venue order for them the employer, the JobStart trainee
years old at the seventy-five for training and to become more may still be referred to other
time of the percent (75%) placement of responsive to participating employers. In case the
technical training; of the prevailing JobStart trainees. the demands of termination is caused by the
(c) Have at least minimum wage the labor market trainee's non-adherence to program
reached high in the city or Manpower or guidelines, a new trainee may still
school level; municipality private be provided to the employer
(d) Not be employed, where the employment provided that there are other
studying, or establishment is agency may be trainees available for deployment.
undergoing located. considered as a
training at the time JobStart partner
of the registration; employer if
and trainees will be
(e) Have no work stationed within
experience or their agency and
have less than one will not be referred
(1) year of for deployment to
accumulated work other companies
experience.
 Jobstart Components

DURATION OF TRAINING CONTENT HOURS RENDERED VENUE ALLOWANCE OTHER BENEFITS MISCELLANEOUS INFORMATION

Life Skills conducted by the PESOs with JobStart life skills training should be JobStart trainee shall Life Skills Training Certificate. Upon
technical assistance from the training modules conducted in an receive a daily completion of the life skills training,
DOLE for a period of ten (10) used in the pilot and appropriate training allowance, based on Certificates of Completion shall be awarded to
days, with at least one life skill rollout phase center or location, actual daily JobStart trainees who attended at least 80% of
being taught in each day of the implementation of preferably a attendance, for the the training days
program JobStart shall be classroom-type of duration of the life
reviewed and refined environment skills training to be
by DOLE in equipped with provided by the
consultation with the teaching facilities. PESOs with funding
DepEd, CHED, Venue arrangements support from DOLE.
TESDA, and other shall be approved by
stakeholders. The the PESO and DOLE.
modules shall
include one-on-one
career coaching to
provide the JobStart
trainees with LMI
Technical for a period of up to three (3) The training plan JobStart technical JobStart trainee shall Certification. JobStart trainees who have
Training months shall contain the training may be receive semi- completed the approved in-house or regulated
curriculum or conducted in monthly training training program shall be awarded with a
WHEN 3 MO NOT NECESSARY modules to be used, (a) a TVI registered allowance, based on Certificate of Completion jointly issued by
JobStart trainee can skip or be the training with TESDA, actual daily DOLE and the participating employer.
exempted from undergoing the schedule, venue, (b) an industry attendance, with
technical training and transition facilities, cost, as regulated program funding support from
directly to internship stage. The well as the training's (c) a customized in- DOLE.
technical training period may monitoring and house training
also be less than three (3) evaluation program designed The issuance of the
months depending on the skills framework. It shall by JobStart training allowance to
and competencies that the be attached to the employers, or the JobStart trainees
JobStart trainee must achieve agreement to be within the available shall be managed by
and as determined by the signed by DOLE and facilities of the participating
participating employer. the participating LGU. employers.
employer.
Template/format of
the training plan
shall be included in
the JobStart MOP.
 DURATION OF TRAINING
Internship shall not be more than three (3)
months or six hundred (600)
hours. The total daily training
hours shall be eight (8) hours
exclusive of not less than sixty
(60) minutes time off for the
regular meals.
CONTENT HOURS RENDERED VENUE
The internship stage The internship period
will provide a venue may be beyond eight
for the JobStart (8) hours a day
trainees to gain
practical knowledge PROVISO:
and experience in an That said overtime
actual workplace shall not exceed two
(2) hours a day.
The JobStart trainee
shall be paid for the
overtime stay an
additional stipend
equivalent to the
daily intership
stipend plus at least
twenty-five percent
(25%) thereof.
The time spent on
overtime stay shall
be duly credited to
the trainee's number
of training hours
ALLOWANCE OTHER BENEFITS - MISCELLANEOUS INFORMATION
the JobStart trainee shall - time spent on overtime stay and holiday work
be entitled to a night shall be duly credited to the JobStart
shift differential pay of trainee's number of training hours.
not less than ten percent - The JobStart internship shall be considered
(10%) of the internship part of the required six (6) months
stipend for each hour of probationary period should the trainee be
training between ten hired by the employer
o'clock in the evening PROVISO:
and six o'clock in the the trainee also completed the technical
morning. training with the same employer.
- An employee who is allowed to work after a
A JobStart trainee may probationary period shall be considered a
be trained during regular regular employee.
holidays In instances wherein the JobStart training
PROVISO: period is less than six (6) months, the
(a) That the trainee is JobStart trainee who has been absorbed
willing to by the employer has to complete the
(b) will be compensated prescribed probationary period.
twice the daily - Probationary employment, as governed by
internship stipend on a Labor Code, shall not exceed six (6) months
regular holiday. from the date the employee started working,
EXCEPT: it is covered by an
There should be a signed apprenticeship agreement stipulating a
consent form (both from longer period.
the trainee and the
employer) to do overtime
work, unexpected night
shift, and regular holiday
work
Labor
Standards
TYPE OF QUALIFICATION/ EMPLOYERS REGULAR REST PERIOD ALLOWABLE MISCELLANEOUS INFORMATION
WORKER COVERAGE HOURS OF OVERTIME
WORK
DOMESTIC coverage. — This IRR shall apply to all 16 hours Daily Rest Period. — Monthly wage not daily
WORKERS parties to an employment contract for the The Kasambahay shall
services of the following Kasambahay, be entitled to an DEPLOYMENT EXPENSES – shouldered by employer
whether on a live-in or live-out aggregate daily rest
arrangement, such as but not limited to: period of eight (8) SIL non-convertible, non-cumulative
(a) General househelp; hours per day.
(b) Yaya; unlawful to employ any person below fifteen (15) years of age as
(c) Cook; Weekly Rest Period. — Kasambahay
(d) Gardener; The Kasambahay shall
(e) Laundry person; or be entitled to at least Employment of Working Children. — Pursuant to Republic Act No.
(f) Any person who regularly performs twenty-four (24) 9231 (An Act Providing for the Elimination of the Worst Forms of
domestic work in one household on an consecutive hours of Child Labor and Affording Stronger Protection for the Working Child,
occupational basis. rest in a week. Amending for this Purpose Republic Act No. 7610, as Amended,
Otherwise known as the "Special Protection of Children Against Child
The following are not covered: Abuse, Exploitation and Discrimination Act"), working children shall
(a) Service providers; not be subjected to the following:
(b) Family drivers; (a) Work for more than eight (8) hours a day and beyond forty (40)
(c) Children under foster family hours a week;
arrangement; and (b) Work between ten o'clock in the evening and six o'clock in the
(d) Any other person who performs work morning of the following day; and
occasionally or sporadically and not on (c) Work which is hazardous or likely to be harmful to the health,
an occupational basis. safety or morals of children, as defined under existing laws and
regulations.
Benefits of Working Children. — Working children shall be entitled to
minimum wage, and all benefits provided under the Batas
Kasambahay, which include access to education and training

If the Kasambahay leaves without cause, any unpaid salary due, not
exceeding the equivalent of fifteen (15) days work, shall be forfeited.
In addition, the employer may recover from the Kasambahay
deployment expenses, if any, if the services have been terminated
within six (6) months from employment

If the employer dismissed the Kasambahay for reasons other than the
above, he/she shall pay the Kasambahay the earned compensation
plus indemnity in the amount equivalent to fifteen (15) days work
TYPE OF QUALIFICATION/ EMPLOYERS REGULAR HOURS REST PERIOD ALLOWABLE MISCELLANEOUS INFORMATION
WORKER COVERAGE OF WORK OVERTIME

HOMEWORKER "Employer" means any natural or Min wage except homeworkers doing needlework
artificial person who, for his own Materrials need to be owned by another, if owns materials = is not a
account or benefit, or on behalf homeworker
of any person residing outside
the Philippines, directly or
indirectly, or through any
employee, agent, contractor,
subcontractor, or any other
person:

(1) delivers or causes to be

delivered any goods, articles
or materials to be processed
or fabricated in or about a
home and thereafter to be
returned or to be disposed of
or distributed in accordance
with his direction; or

(2) sells any goods, articles or

materials for the purpose of
having such goods or articles
processed in or about a home
and then repurchases them
himself or through another
after such processing.

"Contractor" or "subcontractor"
means any person who, for the
account or benefit of an
employer, delivers or causes to
be delivered to a homeworker
goods or articles to be
processed in or about his home
and thereafter to be returned,
disposed of or distributed in
accordance with the direction of
the employer.
TYPE OF QUALIFICATION/ EMPLOYERS REGULAR HOURS OF WORK
WORKER COVERAGE
NON-
RESIDENT
ALIENS
EMPLOYEMNT Hours of Work of a Working Child. — Under
OF CHILDREN the exceptions provided in Section 12 of
this Act, as amended:
1. A child below fifteen (15) years of age
may be allowed to work for not more
than twenty (20) hours a week: Provided,
That the work shall not be more than
four (4) hours at any given day;
2. A child fifteen (15) years of age but
below eighteen (18) shall not be allowed
to work for more than eight (8) hours a
day, and in no case beyond forty (40)
hours a week;
3. No child below fifteen (15) years of age
shall be allowed to work between eight
o'clock in the evening and six o'clock in
the morning of the following day and no
child fifteen (15) years of age but below
eighteen (18) shall be allowed to work
between ten o'clock in the evening and
six o'clock in the morning of the
following day."
REST PERIOD ALLOWABLE MISCELLANEOUS INFORMATION
OVERTIME
Validity of AEP. — The AEP shall be valid for the position and the company
for which it was issued for a period of one (1) year, unless the employment
contract, or other modes of engagement provides otherwise, which in no
case shall exceed three (3) years
Fees. — Upon filing of application, the applicant shall pay a fee of Nine
Thousand Pesos (P9,000.00) for an AEP with a validity of one year.
- In case the period of employment is more than one year, an additional
Four Thousand Pesos (P4,000.00) shall be charged for every
additional year or fraction thereof.
- In case of renewal, the applicant shall pay a permit fee of Four
Thousand Pesos (P4,000.00) for each year of validity or fraction
thereof
Penalty for Working without AEP. — The Regional Director shall impose a
fine of Ten Thousand Pesos (P10,000.00) for every year or a fraction
thereof to foreign nationals found working without a valid AEP. Employers
found employing foreign nationals without a valid AEP shall also pay a fine
of Ten Thousand Pesos (P10,000.00) for every year or a fraction thereof
Employment of Children. — Children below fifteen (15) years of age shall not be
employed except:
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.
 TYPE OF QUALIFICATION/
WORKER COVERAGE
STUDENT fifteen (15) years of age but
WORKERS not more than thirty (30)
years old
(a) poor but deserving
students
(b) out-of-school youth
(OSY)
- dependents of displaced
or would-be displaced
workers due to
- business closures,
- work stoppages, or
- natural calamities,
intending to enroll in any
secondary, tertiary or
technical-vocational
institutions,
EMPLOYERS REGULAR HOURS OF WORK REST PERIOD/DAY ALLOWABLE MISCELLANEOUS INFORMATION
OVERTIME
any person or entity students enrolled in the Sixty per centum (60%) of the said salary or wage shall be paid by
employing at least secondary level: the employer in cash and
ten (10) persons shall only be employed during Forty per centum (40%) by the government also in the form of cash
summer and/or Christmas directly to the student or through financial institutions or other
vacations, payment facilities, subject to the existing rules on procurement which
shall be applicable in the payment for the student's tuition fees,
Christmas or Summer work books, and other education-related expenses, including their daily
period: ten (10) to fifteen (15) allowance for food and transportation in going to school:
days
Provided, That local government units (LGUs) may assume
OSY and those enrolled in responsibility for paying in full the salary or wages:
tertiary, vocational or technical
education: Provided, further, That for low income LGUs employing SPES
may be employed at any time beneficiaries, the national government share may be increased up to
of the year seventy-five per centum (75%) depending on the LGUs' financial
capacity to pay the SPES beneficiaries
Provided, further, That their
period of employment shall be
from twenty (20) to seventy-
eight (78) working days only,
except that during Christmas
vacation, employment shall be
from ten (10) to fifteen (15)
days which may be counted as
part of the students'
probationary period should
they apply in the same
company or agency after
graduation
Provided, finally, That students
employed in activities related
to their course may earn
equivalent academic and
practicum or on-the-job
training credits as may be
determined by the appropriate
government agencies.
TYPE OF QUALIFICATION/ EMPLOYERS REGULAR HOURS OF WORK
WORKER COVERAGE
DRIVERS AND Hours of Work and Hours of
CONDUCTORS Rest. — The normal hours of
IN PUB work of a driver and conductor
shall not exceed eight (8)
hours a day.
If the driver/conductor is
required to work overtime, the
maximum hours of work shall
not exceed twelve (12) hours
in any 24-hour period, subject
to the overriding safety and
operational conditions of the
public utility bus.
MOVIE AND The actual hours of work of a
TELEVISION . movie and television industry
INDUSTRY worker/talent shall not exceed
eight (8) hours in a day. If the
worker/talent is required to
work beyond eight hours, the
maximum actual hours of work
shall not exceed twelve (12)
hours in any 24-hour period.
The normal hours of work of
elderly workers/talents 8 (those
aged 60 years and above) shall
not exceed eight (8) hours in a
day.
The hours of work of children
in the industry (see above)
REST PERIOD/DAY ALLOWABLE MISCELLANEOUS INFORMATION
OVERTIME
REST DAY of twenty- Fixed and Performance-Based Compensation Scheme. — Bus
four (24) consecutive owners and/or operators shall adopt a mutually-agreed upon "part-
hours for every six (6) fixed, part-performance" based compensation scheme for their bus
consecutive working drivers and conductors.
days.
SECTION 2. Method of Determining Compensation. — Bus owners
REST PERIODS of at and/or operators, in consultation with their drivers and conductors
least one (1) hour, shall determine the following:
exclusive of meal a)The fixed component shall be based on an amount mutually agreed
breaks, within a 12- upon by the owner/operator and the driver/conductor, which shall
hour shift take into account minimum ridership requirement and in no case be
lower than the applicable minimum wage for work during normal
hours/days. They shall also be entitled to wage related benefits
such as overtime pay, premium pay and holiday pay, among
others.
b) The performance-based component shall be based on
safety performance and business performance such as ridership,
revenues/profitability, and other related parameters.
Waiting time spent by a worker/talent shall be considered as working
time if he/she is required or engaged to wait.
Transportation. Adequate transportation facilities to and from the
"location/set" shall be provided to the workers. If no transportation is
provided to the worker, any costs incurred by the worker shall be
reimbursed by the network/company/outfit. For night workers
Accommodation. Safe, adequate and free lodging and/or
accommodation shall be provided by the network/company/outfit to
the worker/talent if work is "on location/set"
 TYPE OF QUALIFICATION/
WORKER COVERAGE
FISHERS ON Coverage. — This Rules shall
BOARD apply to fishing vessel
FISHING owners, fishers and captains
VESSELS or masters on board
ENGAGED IN Philippine-registered fishing
COMMERCIAL vessels engaged in
FISHING commercial fishing operation
OPERATION in Philippine or international
waters, except in the
following:
a. Those on board
commercial fishing vessels
with foreign registry, which
shall be governed by
applicable rules and
regulations of the POEA;
b. Those engaged in
municipal fishing, which
shall be governed by
existing labor, fishery,
maritime, and local
government laws, rules
and regulations; and
c. Those on board fishing
vessels engaged in
subsistence or recreational
fishing
EMPLOYERS REGULAR REST PERIOD/DAY
HOURS OF
WORK
fishing vessel owner Stipulated under Meal Breaks. — Fishers shall be
employment entitled to a break/time-off of not
agreement less than sixty (60) minutes for their
regular meals.
AGGREGATE DAILY REST PERIOD of
ten hours per day
REST DAY of not less than twenty-
four (24) consecutive hours after
every six (6) consecutive work days.
HOWEVER:
The captain or master may require
fishers to perform work necessary for
(a) the immediate safety of the vessel,
the persons on board or the catch,
(b) for the purpose of giving
assistance to other boats or ships
or persons in distress at sea.
Accordingly, the captain or master
may suspend the schedule of hours
of rest and require fishers to
(a) perform work necessary during
emergency and until the normal
situation has been restored.
The captain or master shall ensure
that any fisher who has performed
work in a scheduled rest period is
provided with an adequate period of
rest and duly compensated for the
additional work rendered pursuant to
applicable provisions of this Rules.
ALLOWABLE MISCELLANEOUS INFORMATION
OVERTIME
he minimum age for assignment to activities on-board commercial
fishing vessels, which by their nature or circumstances in which they
are carried out are likely to jeopardize the health, safety or morals of
young persons, shall not be less than eighteen (18) years.
Field Personnel. —they regularly perform duties away from the
principal place of business or branch office of the fishing vessel
owner; and their actual hours of work in the sea cannot be
determined with reasonable certainty
(b) performance is unsupervised by the fishing vessel owner
(FROM DEF SEC 3)
SECTION 2. Entitlement to Wage-Related Benefits of Field Personnel.
— Unless provided otherwise under the employment agreement,
company policies and practices, or collective bargaining agreements,
fishers deemed as field personnel are not entitled to the wage-
related benefits under Title I, Book III of the Labor Code, as
amended.
NOTE: SEAFARER UNDER MIGRANT WORKERS
Seafarer — refers to any person who is employed or engaged in
overseas employment in any capacity on board a ship other than a
government ship used for military or non-commercial purposes. The
definition shall include fishermen, cruise ship personnel and those
serving on mobile offshore and drilling units in the high seas. (NOT
ENTITLED TO REST PERIOD CHUCHU COZ NOT COVERED)
 TYPE OF WORKER QUALIFICATION/ EMPLOYERS REGULAR HOURS OF REST ALLOWABLE MISCELLANEOUS INFORMATION
COVERAGE WORK PERIOD/DAY OVERTIME

HEALTH Shall not exceed 8 hours a MEAL PERIOD – 1

PERSONNEL IN day
PRIVATE
HEALTHCARE Health personnel in:
INDUSTRY 1. cities and municipalities
with a population of 1 M
2. hospitals or clinics with a
bed capacity of 100
regular workhour of 8 hours
a day for 5 days per week
(exclusive of time for
meals)
If exigencies of service
require
hour non- WAITING TIME – work time if engaged to wait
compensable WORKING WHILE ON CALL – required to remain on call in
time-off regular the employer’s premises or so close thereto that he can’t
meals use his time effectively and gainfully for his own purpose
Less than 20 mins
but shall be RESIDENT PHYSICIAN shall not be considered an employee
compensable of the health care establishment if:
1. there is a training agreement between them
COFFEE BREAK – 2. the training program is duly accredited or approved by the
5-20 minutes appropriate government agency
VOLUNTEER PROGRAMS
• All health related volunteer program shall only be
undertaken by DOH accredited non-profit hospitals or
government hospitals
• Volunteer programs carried out profit-oriented hospitals
or health care institutions shall be subject to the
requirements of the LC based on the ee-er relationship
between the so-called volunteer and healthcare
institution
Practice of profit-oriented healthcare establishments in
accepting volunteer is prohibited

TELECOMMUTING
TYPE OF WORKER QUALIFICATION/
COVERAGE
DEBT COLLECTING Coverage. — This Rules shall apply to all
INDUSTRY debt collection entities or agencies
employing collectors and similar personnel
engaged in purely collection services on
delinquent and/or past due accounts of
clients through negotiations by telephone
and/or personal field visits.
This Rules shall not apply to the following:
a) Collectors of office and/or household
utility bills (i.e., telephone, water,
cable television and electricity)
engaged by utility companies;
b) Collectors engaged directly by a
company, office or establishment
other than a collection entity or
agency as an employee performing
collection activities, by phone or by
field visit, as his primary duty or as
incident to his duties and
responsibilities;
c) Agents of real estate/realty brokerage,
insurance, pre-need plans and other
similar business, entities or persons
performing collection activities as part
of sale and/or service transaction of
the parties, and the relationship that
exist between the parties is
contractual in nature governed by the
applicable provision of the Civil Code;
and
d) Collectors of pay "bayad" remittance
center.
EMPLOYERS REGULAR REST ALLOWABLE MISCELLANEOUS INFORMATION
HOURS OF PERIOD/DAY OVERTIME
WORK
Stipulated Minimum Benefits. — The regular collectors and collectors paid with wage and
between commission are entitled to the following benefits, as provided for in the Labor Code
parties
Regular employees
Regular Employees. — Regular collectors
are those employed or appointed to fill
up regular positions or whose
employment is not dependent on the
performance or completion of a specific
job, work or service, or on the term or
duration of a collection service
agreement, including (a) office-based
employees; (b) regular collectors; and (c)
collectors paid with wage and
commission.
For this purpose, collectors paid with
wage and commission collectors are
those who are employed by the collection
agent/service provider to recover, collect
or cure accounts of a particular
principal/client whose employment is:
a) Dependent on the availability of
endorsements; and/or
b) Co-terminus with the term or
duration of a specific collection
service agreement between the
principal/client and the collection
agency or service provider (i.e.,
tele-collectors and field collectors);
and
c) Required to report for work on a
regular basis and under the direct
control and supervision of the
collection agency/service provider.
Commission-based employees
Commission-Based Collectors. — The
purely commission-based agents are
those who are engaged by the collection
agent/service provider to recover,
collect or cure accounts of a particular
principal/client and whose employment
is:
a) Dependent on the availability of
endorsements and/or co-terminus
with the term of the collection
service agreement between the
principal/client and the collection
agency or service provider (i.e.,
tele-collectors and field collectors);
and
b) Whose manner of compensation is
purely on commission basis; and
c) Not required to report for work on a
regular basis and he/she is free from
control and supervision of the
collection agency/service provider in
matters connected with the
collection, recovery and curing of
accounts except as to the results
thereof and subject to prohibitions
and limitations mandated by law and
government regulatory agencies
TYPE OF WORKER QUALIFICATION/ EMPLOYERS REGULAR REST ALLOWABLE OVERTIME MISCELLANEOUS INFORMATION
COVERAGE HOURS OF PERIOD/DAY
WORK
MIGRANT WORKER No employer shall directly hire an overseas Filipino worker for overseas
employment except:
1. members of diplomatic corp
2. international organization
3. heads of states and government officials with the rank of at least
deputy minister
4. Other employees as may be allowed
a. Those provided in a, b and c who bear a lesser rank, if endorsed
by POLO or head of mission if no POLO
b. Professional and skilled workers with duly executed or verified or
authenticated contracts containing terms and conditions over and
above the standards set by the POEA. The number of
professionals and skilled OFWs hired for the first time by the
employer shall not exceed five. For the purpose of determinining
the number, workers hired as a group shall be counted as one.
c. Workers hired by a relative or family or family member who is a
permanent resident of the host country, except domestic workers
(live-in caregiver or care worker or household service workers)

Worker shall shoulder cost of employment and membership to social

protection program of the government. (see cric for more deets)
TYPE OF WORKER QUALIFICATION/ EMPLOYERS REGULAR REST ALLOWABLE OVERTIME MISCELLANEOUS INFORMATION
COVERAGE HOURS OF PERIOD/DAY
WORK
TYPE OF WORKER QUALIFICATION/ EMPLOYERS REGULAR REST ALLOWABLE OVERTIME MISCELLANEOUS INFORMATION
COVERAGE HOURS OF PERIOD/DAY
WORK
TYPE OF WORKER QUALIFICATION/ EMPLOYERS REGULAR REST ALLOWABLE OVERTIME MISCELLANEOUS INFORMATION
COVERAGE HOURS OF PERIOD/DAY
WORK
 Employment of Academic and non-academic Personnel in Private Educational Institution
MINIMUM FACULTY QUALIFICATION FULL-TIME PART-TIME PROBATIONARY REGULAR STATUS
HIGHER Minimum Faculty Qualifications. — The minimum all private higher education institutions All faculty or academic The probationary employment A FULL-TIME ACADEMIC
EDUCATION qualifications of a faculty in a higher education institution shall employ full-time faculty or academic personnel who do not meet the of academic teaching TEACHING PERSONNEL
shall be as follows: personnel consistent with the levels of foregoing qualifications are personnel shall not be more
instruction. considered part-time. than a period of six (6) 1. Who has satisfactorily
2) For undergraduate programs: A full-time faculty or academic personnel consecutive semesters or nine completed his/her
a) Holder of a master's degree, to teach mainly in his is one who meets all the following Except when permitted by the (9) consecutive trimesters of probationary employment,
major field and where applicable, a holder of
requirements: higher education institution, all satisfactory service, as the 2. possesses the minimum
appropriate professional license requiring at least a
2) Who possesses at least the minimum faculty or academic personnel case may be. qualifications required by
bachelor's degree for the professional courses.
academic qualifications prescribed who are at the same time the Commission and the
However, in specific fields where there is dearth of
under this Manual for all academic holding positions in the PART-TIMERS institution,
holders of Master's degree, a holder of a professional
license requiring at least a bachelor's degree may be personnel; government, whether appointive § cannot avail of the status 3. re-hired or re-appointed
qualified to teach. Any deviation from this requirement 3) Who is paid monthly or hourly, based or elective, shall also be and privileges of a immediately after the end of
will be subject to regulation by the Commission. on the regular teaching loads as considered part-time. probationary employment. his/her probationary
b) For Physical Education: A holder of a degree in provided for in the policies, rules and § cannot acquire regular employment.
Bachelor of Science in Physical Education, or standards of the Commission and the An academic teaching permanent status, and
Bachelor of Science in Education, with major or minor institution; personnel, who does not § hence, may be terminated HOWEVER, a regular or
in physical education, or any other bachelor's degree 4) Who devotes not less than eight (8) possess the minimum academic when a qualified teacher permanent academic teaching
with certificate in physical education. hours of work a day to the school; qualifications prescribed under becomes available. personnel who requests a
c) For Music Education: A holder of a degree in Bachelor 5) Who have no other remunerative Sections 34 and 35 of this teaching load equivalent to a
of Music, or Bachelor of Science, with major or minor occupation elsewhere requiring Manual part-time load, shall be
in music, or any other bachelor's degree with regular hours of work, except when considered resigned, and
certificate in music. permitted by the higher education hence, may forfeit his/her
3) For graduate programs: institution; and regular or permanent status at
a) For the master's program: There shall be at least one
6) Who is not teaching full-time in any the discretion of the
(1) full-time faculty who holds a doctoral degree, and
other higher education institution management of the higher
at least three (3) full-time faculty who are master's
education institution and shall
degree holders in the discipline.
thereby be covered by a
b) For professional master's program: A holder of at least
a professional master's degree. Faculty complement
term-contract employment
required in specific fields shall be defined in the
policies and standards set by the Commission specific
to the field.
c) For the doctoral program: There shall be at least three
(3) full-time faculty members who are doctoral degree
holders, and who have published research works in
referred journal(s) in the discipline.
d) For professional doctoral program: A holder of a
professional doctoral degree. Faculty complement
required shall be defined in the policies and standards
set by the Commission specific to the field.
 MINIMUM FACULTY QUALIFICATION FULL-TIME
BASIC As a general rule, all private schools shall
EDUCATION employ full-time school personnel.
An applicant shall be eligible for a full-
time employment in a private school
whenever he has the minimum
qualifications prescribed in this Manual,
has no other remunerative employment
requiring regular working hours
elsewhere, and
whose services to the extent of at least
eight hours during each working day are
available during the entire time the school
operates.
PART-TIME
The employment of part-time
school personnel shall be
reckoned in terms of the needs
of the school and/or the
availability of qualified
applicants
PROBATIONARY
A probationary period of not
more than three years in the
case of the school teaching
personnel and not more than
six months for non-teaching
personnel shall be required for
employment in all private
schools.
REGULAR STATUS
A school personnel who has
successfully undergone the
probationary period specified
and who is fully qualified
under the existing rules and
standards of the school shall
be considered permanent