BOOK THREE nurses, nutritionists, dietitians, pharmacists

,
CONDITIONS OF EMPLOYMENT social workers, laboratory technicians,
paramedical technicians, psychologists, midwives,
Title I attendants and all other hospital or clinic
WORKING CONDITIONS AND REST PERIODS personnel.

Chapter I Art. 84. Hours worked. Hours worked shall
HOURS OF WORK include (a) all time during which an employee is
required to be on duty or to be at a prescribed
Art. 82. Coverage. The provisions of this Title workplace; and (b) all time during which an
shall apply to employees in all establishments and employee is suffered or permitted to work.
undertakings whether for profit or not, but not to
government employees, managerial employees, Rest periods of short duration during working
field personnel, members of the family of the hours shall be counted as hours worked.
employer who are dependent on him for support,
domestic helpers, persons in the personal service Art. 85. Meal periods. Subject to such regulations
of another, and workers who are paid by results as the Secretary of Labor may prescribe, it shall
as determined by the Secretary of Labor in be the duty of every employer to give his
appropriate regulations. employees not less than sixty (60) minutes time-
off for their regular meals.
As used herein, "managerial employees" refer to
those whose primary duty consists of the Art. 86. Night shift differential. Every employee
management of the establishment in which they shall be paid a night shift differential of not less
are employed or of a department or subdivision than ten percent (10%) of his regular wage for
thereof, and to other officers or members of the each hour of work performed between ten
managerial staff. o’clock in the evening and six o’clock in the
morning.
"Field personnel" shall refer to non-agricultural
employees who regularly perform their duties Art. 87. Overtime work. Work may be performed
away from the principal place of business or beyond eight (8) hours a day provided that the
branch office of the employer and whose actual employee is paid for the overtime work, an
hours of work in the field cannot be determined additional compensation equivalent to his regular
with reasonable certainty. wage plus at least twenty-five percent (25%)
thereof. Work performed beyond eight hours on
Art. 83. Normal hours of work. The normal hours a holiday or rest day shall be paid an additional
of work of any employee shall not exceed eight compensation equivalent to the rate of the first
(8) hours a day. eight hours on a holiday or rest day plus at least
thirty percent (30%) thereof.
Health personnel in cities and municipalities with
a population of at least one million (1,000,000) or Art. 88. Undertime not offset by overtime.
in hospitals and clinics with a bed capacity of at Undertime work on any particular day shall not
least one hundred (100) shall hold regular office be offset by overtime work on any other day.
hours for eight (8) hours a day, for five (5) days a Permission given to the employee to go on leave
week, exclusive of time for meals, except where on some other day of the week shall not exempt
the exigencies of the service require that such the employer from paying the additional
personnel work for six (6) days or forty-eight (48) compensation required in this Chapter.
hours, in which case, they shall be entitled to an
additional compensation of at least thirty percent Art. 89. Emergency overtime work. Any
(30%) of their regular wage for work on the sixth employee may be required by the employer to
day. For purposes of this Article, "health perform overtime work in any of the following
personnel" shall include resident physicians, cases:

When it is necessary to prevent loss of life agreement and to such rules and or property or in case of imminent danger regulations as the Secretary of Labor and to public safety due to an actual or Employment may provide. In cases of urgent work to be performed or prejudice to the business or operations on the machinery. Any employee required to render overtime work under this Article shall be paid the additional c. schedule the weekly rest day of his employees subject to collective bargaining b. religious grounds. 90. installations. installation. 93. For purposes of computing overtime and other additional remuneration as d. continuous operations and the stoppage of work may result in irreparable injury or Chapter II loss to the employer. In the event of abnormal pressure of work compensation required in this Chapter. earthquake. flood. to avoid serious loss which the employer would otherwise suffer. and or other disaster or calamity to prevent loss of life and property. the "regular wage" of goods. epidemic loss or damage to perishable goods. 92. c. employees as to their weekly rest day typhoon. 91. or rest day. period of not less than twenty-four (24) consecutive hours after every six (6) a. epidemic. When employer may require work on a performed on machines. Sunday or provide each of his employees a rest holiday work. Where the completion or continuation of danger to public safety. Computation of additional to resort to other measures. When the work is necessary to prevent fire. where the employer cannot ordinarily be expected Art. or of the employer. whether operating for profit or not. Under other circumstances analogous or Art. a. Right to weekly rest day. or imminent e. However. a. to Art. Compensation for rest day. The employer may require his equipment. Where the nature of the work requires provided by the employer. To prevent loss or damage to perishable required by this Chapter. The employer shall determine and or the Chief Executive. he shall . In case of actual or impending emergencies caused by serious accident. and WEEKLY REST PERIODS f. It shall be the duty of every employer. the work started before the eighth hour is necessary to prevent serious obstruction b. When there is urgent work to be Art. typhoon. or other when such preference is based on disaster or calamity. d. due to special circumstances. flood. a. fire. When the country is at war or when any consecutive normal work days. earthquake. similar to the foregoing as determined by the Secretary of Labor and Employment. equipment. without deduction on account of facilities e. in order to avoid serious loss employees to work on any day: or damage to the employer or some other cause of similar nature. other national or local emergency has been declared by the National Assembly b. the impending emergency in the locality employer shall respect the preference of caused by serious accidents. compensation. an employee shall include the cash wage only. Where an employee is made or permitted to work on his scheduled rest day.

herein provided. management. Friday. except covered employees shall be considered in retail and service establishments integrated in their wages. The share of the employees shall be equally distributed among them. 97. employer shall pay such higher rate. Where the collective bargaining agreement or other applicable c. All service charges Chapter III collected by hotels. In case the a. Every employee who has rendered at least b. 94. the business trust. scheduled. SERVICE INCENTIVE LEAVES AND establishments shall be distributed at the rate of SERVICE CHARGES eighty-five percent (85%) for all covered employees and fifteen percent (15%) for Art. or thirtieth of November. the twelfth of June. the fourth of July. Where employees or in establishments exempted such holiday work falls on the employee’s from granting this benefit by the Secretary scheduled rest day. Service charges. those enjoying vacation c. the administrative action. the twenty-fifth any organized group of persons. 95. restaurants and similar HOLIDAYS. Every worker shall be paid his regular service charge is abolished. An employee shall be entitled to such additional compensation for work Art. d. be paid an additional compensation of at designated by law for holding a general least thirty percent (30%) of his regular election. the share of the daily wage during regular holidays. Definitions. wage. The grant of benefit in excess of that employment contract stipulates the provided herein shall not be made a payment of a higher premium pay than subject of arbitration or any court or that prescribed under this Article. a. "Person" means an individual. This provision shall not apply to those (30%) of his regular wage for work who are already enjoying the benefit performed on Sundays and holidays. and thirtieth of December and the day . and Art. As used in this Article. The employer may require an employee to work on any holiday but such employee Chapter I shall be paid a compensation equivalent PRELIMINARY MATTERS to twice his regular rate. he shall be paid an additional compensation of at least thirty percent b. condition of such establishment. 96. the ninth of April. he shall be entitled to of Labor and Employment after an additional compensation of at least considering the viability or financial fifty per cent (50%) of his regular wage. Right to holiday pay. association. Work performed on any special holiday leave with pay of at least five days and shall be paid an additional compensation those employed in establishments of at least thirty percent (30%) of the regularly employing less than ten regular wage of the employee. regularly employing less than ten (10) workers. As used in this Title: c. "holiday" includes: New Year’s Day. legal representatives. performed on Sunday only when it is his established rest day. Good a. Title II WAGES b. the first of May. Art. corporation. Right to service incentive leave. When the nature of the work of the one year of service shall be entitled to a employee is such that he has no regular yearly service incentive leave of five days workdays and no regular rest days can be with pay. partnership. Maundy Thursday.

employee. No employer shall employment for work done or to be done. among other things. as determined by the Secretary of tender. 1989). The Secretary of Labor and Employment shall regulate the payment of wages by e. Application of Title. abaca. coupons. or commission basis. piecework. or any object other than legal value. Prohibition against elimination or and horticultural commodities. tobacco. or organizations. Republic Act includes cultivation and tillage of soil. "Wage" paid to any employee shall mean rates. chits. pay the wages of an employee by means of or for services rendered or to be rendered promissory notes. "Employee" includes any individual wage rates for agricultural and non-agricultural employed by an employer. Nothing in this Book shall of livestock or poultry. preferably through time and motion the remuneration or earnings. affiliated with the employer. 101. task. whether fixed or employers’ organizations. "Employ" includes to suffer or permit to results. dairying. vouchers. or other facilities customarily furnished by the employer to the employee. other non-time work. but does not include the manufacturing or processing of sugar. 98. or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment . No. 102. domestic employer in relation to an employee and service and persons working in their respective shall include the government and all its homes in needle work or in any cottage industry branches. Art. as well as non-profit private MINIMUM WAGE RATES institutions. and includes the fair and reasonable tickets. "Agriculture" includes farming in all its Regional Tripartite Wages and Productivity branches and. a. even when expressly requested by the Labor and Employment. pineapples or other farm products. including pakyao. growing and harvesting of any agricultural Art. and work. all government-owned or controlled corporations and Chapter II institutions. 100. piece. or other employee benefits being incident to or in conjunction with such enjoyed at the time of promulgation of this Code. Boards. the raising diminution of benefits. "Employer" includes any person acting Art. Forms of payment. (As amended by Section 3. 99. Regional minimum wages. instrumentalities. Art. cultivation. however studies or in consultation with designated. of board. lodging. June 9. farming operations. or other method of Chapter III calculating the same.b. "Fair and Payment of wages by check or money order shall reasonable value" shall not include any be allowed when such manner of payment is profit to the employer. or to any person customary on the date of effectivity of this Code. employees and workers in each and every region of the country shall be those prescribed by the d. This Title shall not directly or indirectly in the interest of an apply to farm tenancy or leasehold. in order to ensure the payment of fair and reasonable wage f. the production. Payment by results. 6727. subdivisions and duly registered in accordance with law. which is payable by PAYMENT OF WAGES an employer to an employee under a written or unwritten contract of Art. capable of being expressed in representatives of workers’ and terms of money. and any practices be construed to eliminate or in any way diminish performed by a farmer on a farm as an supplements. coconuts. The minimum c. tokens. ascertained on a time.

In cases of force majeure rendering such contracting-out of labor to protect the rights of payment impossible or under other workers established under this Code. in the same manner and extent that he is liable to Art. accordance with the provisions of this Code. heirs is a minor. No employer shall make payment through the Secretary of make payment with less frequency than once a Labor and Employment or his month. b. Place of payment. The affidavit shall the wages immediately after such force majeure be presented to the employer who shall or circumstances have ceased. in proportion an employer enters into a contract with another to the amount of work completed. the worker may be paid differentiations within these types of contracting through another person under written and determine who among the parties involved authority given by the worker for the shall be considered the employer for purposes of purpose. the employer shall pay guardian or next-of-kin. in the absence of a collective employer of any further liability with bargaining agreement or arbitration award: respect to the amount paid. the affidavit shall be payment of wages on or within the time herein executed on his behalf by his natural provided cannot be made. Time of payment. the employer may pay the wages of the . without the necessity of intestate proceedings. Wages shall employees directly employed by him. If on account of force majeure or exclusion of all other persons. The payment of wages (2) weeks shall be subject to the following under this Article shall absolve the conditions. the employer shall be as the Secretary of Labor and Employment may jointly and severally liable with his contractor or prescribe under conditions to ensure greater subcontractor to such employees to the extent of protection of wages. if they are all Art. Contractor or subcontractor. shall be paid in completion of the work. 103. Payment of wages In the event that the contractor or subcontractor shall be made at or near the place of undertaking. except: The Secretary of Labor and Employment may.or as stipulated in a collective bargaining deceased worker to the heirs of the latter agreement. 1. to the days. Whenever exceeding sixteen (16) days. That final settlement is made upon latter’s subcontractor. be paid directly to the workers to whom they are due. by appropriate regulations. The claimants. If any of the circumstances beyond the employer’s control. fails to pay the wages of his employees in except as otherwise provided by such regulations accordance with this Code. restrict or prohibit the a. The representative of the Secretary of Labor and Employment shall The payment of wages of employees engaged to act as referee in dividing the amount paid perform a task which cannot be completed in two among the heirs. 106. if any. shall execute an affidavit attesting at least once every two (2) weeks or twice a to their relationship to the deceased and month at intervals not exceeding sixteen (16) the fact that they are his heirs. person for the performance of the former’s work. the employees of the contractor and of the 2. the work performed under the contract. Wages shall be paid of age. in contracting and job contracting as well as which case. In so special circumstances to be determined prohibiting or restricting. or this Code. Direct payment of wages. 104. That payments are made at intervals not Art. 105. Art. in which case. he may make by the Secretary of Labor and appropriate distinctions between labor-only Employment in appropriate regulations. to prevent any violation or circumvention of any provision of this Code. Where the worker has died. representative.

in any judicial or performing activities which are directly related to administrative proceedings for the the principal business of such employer. March 21. job or project. task. except when the employer is engaged . Such unpaid wages and monetary claims shall be paid in full Art. machineries. a. or equipment supplied by the Art. or otherwise make use of Art. In cases of unlawful withholding of wages. Indirect employer. The provisions of the Art. In cases where the employer is authorized shall enjoy first preference as regards their wages by law or regulations issued by the and other monetary claims. his workers c. 114. fail to pay the except: same. Attorney’s fees. 112. who shall be responsible to the workers in the same manner and extent as if the latter were Chapter IV directly employed by him. 107. He shall not in any manner force. employer. and the workers b. deduction is to recompense the employer every employer or indirect employer shall be held for the amount paid by him as premium responsible with his contractor or subcontractor on the insurance. for any violation of any provision of this Code. partnership. Non-interference in disposal of wages. (As amended by Section 1. deposits from which deductions shall be made for Republic Act No. In such recovery of wages. attorney’s fees which cases. 113. been recognized by the employer or authorized in writing by the individual Art. 6715. or oblige his employees to purchase performance of any work. In cases where the worker is insured with Art. 110. work of the amount of wages recovered. any provisions of law Secretary of Labor and Employment. Posting of bond. immediately preceding article shall likewise apply No employer shall limit or otherwise interfere to any person. PROHIBITIONS REGARDING WAGES Art. his wages. subcontractor to furnish a bond equal to the cost of labor under contract. they shall be the worker or his union to check-off has considered as direct employers. contracts with an independent contractor for the compel. commodities or other property from any other person. 109. For union dues. association or with the freedom of any employee to dispose of corporation which. An employer or any store or services of such employer or any indirect employer may require the contractor or other person. in cases where the right of liability under this Chapter. person supplying workers to an employer does the culpable party may be assessed not have substantial capital or investment in the attorney’s fees equivalent to ten percent form of tools. and the existing laws to the contrary notwithstanding. shall make employees should the contractor or any deduction from the wages of his employees. It shall be unlawful for any person to recruited and placed by such person are demand or accept. the person or intermediary shall be exceed ten percent of the amount of considered merely as an agent of the employer wages recovered. No employer. The provisions of his consent by the employer. materials. in his bond will answer for the wages due the own behalf or in behalf of any person. and bankruptcy. Deposits for loss or damage. 111. merchandise. No before claims of the government and other employer shall require his worker to make creditors may be paid. For purposes of determining the extent of their civil b. equipment. to the contrary notwithstanding.There is "labor-only" contracting where the a. as the case may be. Worker preference in case of worker concerned. 108. 1989) the reimbursement of loss of or damage to tools. subcontractor. In the event of bankruptcy or liquidation of an employer’s business. Wage deduction. Solidary liability. premises. among others. not being an employer. on condition that the Art.

It shall be guidelines and national development unlawful for an employer to refuse to pay or plans. June 9. 120. report. To act as the national consultative and the loss or damage shall be made unless the advisory body to the President of the employee has been heard thereon. There is hereby g. discharge or in any manner discriminate against any employee e. b. provincial. researches and who has filed any complaint or instituted any surveys necessary for the attainment of its proceeding under this Title or has testified or is functions and objectives. No deduction from the deposits of an employee for the actual amount of a. which shall be attached to the . To review plans and programs of the Chapter V Regional Tripartite Wages and WAGE STUDIES. f. To undertake studies. 119. or information. report or investments and returns. reduce the wages and benefits. 118.in such trades. and his Philippines and Congress on matters responsibility has been clearly shown. hereinafter referred to as the Wages and Productivity Boards. 6727. intimidation. To prescribe rules and guidelines for the determination of appropriate minimum Art. 116. Withholding of wages and kickbacks prohibited. or is necessary or by Republic Act No. relating to wages. To exercise technical and administrative created a National Wages and Productivity supervision over the Regional Tripartite Commission. wages of any employee for the benefit of the employer or his representative or intermediary as d. and national levels. labor costs. and to collect about to testify in such proceedings. incomes and productivity from the wages of a worker or induce him to give improvement at the enterprise. industry up any part of his wages by force. to withhold any amount wages. 117. Commission. False reporting. Deduction to ensure employment. 121. Productivity Boards to determine if these are in accordance with prescribed Art. cost-of-living. stealth. record to be false in any material respect. Powers and functions of the regulations. To review regional wage levels set by the consideration of a promise of employment or Regional Tripartite Wages and retention in employment. desirable as determined by the Secretary of Labor and Employment in appropriate rules and Art. (As amended deposits is a recognized one. To formulate policies and guidelines on directly or indirectly. The Commission shall have the following powers and functions: Art. Retaliatory measures. Art. c. Limitations. this Code knowing such statement. incomes and productivity. It wage and productivity measures at the shall be unlawful to make any deduction from the regional. but not limited to. WAGE AGREEMENTS AND WAGE Productivity Boards to determine whether DETERMINATION these are consistent with national development plans. Art. 115. Creation of National Wages and Productivity Commission. Commission. It shall be unlawful for any person. threat or by any other means whatsoever without the worker’s consent. 1989). It shall be unlawful for productivity and other related any person to make any statement. record filed or kept pursuant to the provisions of employment. and compile data and periodically disseminate information on wages and Art. or industry levels. including. occupations or business where the Department of Labor and Employment (DOLE) for practice of making deductions or requiring policy and program coordination.

letter (a) of this Article. There is hereby created Regional Tripartite Wages and Productivity Each Regional Board shall be composed of the Boards. benefits and other emoluments as that of a Implementation of the plans. supervision over the regional office of the 6727. however. Commission shall also be a member of the incomes. programs and projects Secretary of Labor and Employment as ex-officio relative to wages. a national regions as may be established by law. productivity and other related Commission. surveys necessary for the attainment of respectively. The tripartite conference of representatives of Commission shall determine the government. salary. the President of the Philippines. while the their mandate under this Code. The members of the projects of the Regional Boards referred to in the Commission representing labor and management second paragraph. five (5) years. To receive. To call. To exercise such other powers and salary. To coordinate with the other Regional to be headed by an Executive Director and two Boards as may be necessary to attain the (2) Deputy Directors. The Executive Director of the and to collect and compile data on wages. h. The Commission shall be assisted by a Secretariat d. wage rationalization and productivity. researches. To develop plans. including autonomous Employment as chairman. Art. from time to time. June 9. representatives in the Employees’ Compensation That the Regional Boards shall have technical Commission. To determine and fix minimum wage rates each from workers’ and employers’ sectors who applicable in their regions. Creation of Regional Tripartite Wages programs and projects. f. the Director-General of the National productivity improvement for their Economic and Development Authority (NEDA) as respective regions. and two (2) members b. incomes and chairman. and Bureau Director. Deputy Directors shall have the same rank. provinces or shall be appointed by the President of the industries therein and to issue the Philippines upon recommendation of the corresponding wage orders. on the basis of the list of nominees submitted by c. To undertake studies. hereinafter referred to as Regional Regional Director of the Department of Labor and Boards. (As amended by Republic Act No. workers and employers for offices/headquarters of the respective Regional the consideration of measures to promote Boards. be through the respective regional offices of the allowances and other benefits as those Department of Labor and Employment within prescribed by law for labor and management their territorial jurisdiction. the Regional Directors . shall shall have the same rank. and the workers’ and employers’ sectors. Provided. To exercise such powers and functions as powers and functions in their respective may be necessary to implement this Act. in all regions. objectives and programs. and The Executive Director shall have the same rank. prescribed wage rates as may be provided by law or any Wage Order. programs. information and periodically disseminate the same. ex-officio vice-chairman. who shall be appointed by policy and intention of this Code. subject to Secretary of Labor and Employment to be made guidelines issued by the Commission. and who shall serve for a term of their functions. emoluments. upon the e. territorial jurisdictions: The Commission shall be composed of the a. and The Regional Boards shall have the following i. and Productivity Boards. 1989) Department of Labor and Employment with respect to the implementation of said plans. benefits and other emoluments as that of functions as may be necessary to carry out a Department Assistant Secretary. 122. process and act on recommendation of the Secretary of Labor and applications for exemption from Employment.

Wage Order.of the National Economic and Development Art. Whenever conditions in price index. city and municipal officials and other interested h. and Commission within ten (10) calendar days from the publication of such order. Wage adjustment vis-à-vis the consumer Art. 124. in the event differentiation proper and necessary to such order is affirmed. the Regional five (5) years. The prevailing wage levels. Fair return of the capital invested and parties. to be made well-being of the employees within the on the basis of the list of nominees submitted by framework of the national economic and social the workers’ and employers’ sectors. partnership or any other entity engaged in business shall file . capacity to pay of employers. an undertaking with a wages shall include wages varying with industries. giving notices to g. The needs of workers and their families. efficiency and general Secretary of Labor and Employment. 1989) Any person. Any party aggrieved by the Wage Order issued by i. These with the Commission. development program. Order shall take effect after fifteen (15) days from its complete publication in at least one (1) e. The cost of living and changes or increases based on the standards and criteria herein therein. corporation. 1989) b. filing thereof. (As amended by Republic effectuate the purpose of this Title. and who shall serve for a term of such regional minimum wages. Standards/Criteria for minimum wage Authority and the Department of Trade and fixing. upon the recommendation of the necessary for the health. Effects on employment generation and the Regional Board may appeal such order to the family income. June 9. consider the following: Each Regional Board to be headed by its chairman shall be assisted by a Secretariat. Any such Wage d. shall proceed to determine whether a Wage Order should be issued. The wages prescribed in accordance with the The filing of the appeal does not stay the order provisions of this Title shall be the standard unless the person appealing such order shall file prevailing minimum wages in every region. (As a. provincial. Board shall. company. the Regional Board shall conduct public hearings/consultations. the countryside. The demand for living wages. the region so warrant. Improvements in standards of living. employees’ and employers’ groups. The regional minimum wages to be Industry as vice-chairmen and two (2) members established by the Regional Board shall be as each from workers’ and employers’ sectors who nearly adequate as is economically feasible to shall be appointed by the President of the maintain the minimum standards of living Philippines. The need to induce industries to invest in newspaper of general circulation in the region. In the performance of its wage-determining f. and c. surety or sureties satisfactory to the Commission provinces or localities if in the judgment of the for the payment to the employees affected by the Regional Board. June 9. functions. among other relevant factors. conditions make such local order of the corresponding increase. prescribed. 123. Act No. the Regional Board shall investigate and study all pertinent facts. 6727. The equitable distribution of income and mandatory for the Commission to decide such wealth along the imperatives of economic appeal within sixty (60) calendar days from the and social development. It shall be j. In the determination of respectively. amended by Republic Act No. 6727.

Art. 1989) Commission (NLRC). 6727. Any dispute arising from wage agreements shall be considered automatically distortions shall be resolved through the modified insofar as their wage clauses are grievance procedure under their collective concerned to reflect the prescribed wage rates. and their corresponding salaries and All workers paid by result. takay. shall be referred to the appropriate Regional Boards. Visitorial and enforcement power.and register annually with the appropriate contraction of intentional quantitative Regional Board. Prohibition against injunction. or other logical bases of disabled/handicapped workers who were hired differentiation. the employer and the union shall negotiate to correct All recognized learnership and apprenticeship the distortions. 127. level. Any dispute arising therefrom preliminary or permanent injunction or shall be settled through the National Conciliation temporary restraining order may be issued by any and Mediation Board and. if it remains court. including those who wages. As used herein. No such distortions. June 9. the employers and workers shall endeavor to correct Art. bargaining agreement and. 126. a wage distortion shall mean a a. through voluntary arbitration. or a increase by virtue of a law or wage order issued proportion thereof for working less than eight (8) by any Regional Board results in distortions of the hours. pakyaw or task basis. 1989) agreements or recognized labor unions. 6727. if it remains (As amended by Republic Act No. 1989) The pendency of a dispute arising from a wage distortion shall not in any way delay the Chapter VI applicability of any increase in prescribed wage ADMINISTRATION AND ENFORCEMENT rates pursuant to the provisions of law or wage order. Non-diminution of benefits. under the terms prescribed in the employment contracts. (As amended by Republic Act No. wage structure within an establishment. No wage the dispute within twenty (20) calendar days order issued by any regional board shall provide from the time said dispute is submitted for for wage rates lower than the statutory minimum compulsory arbitration. an itemized listing of their labor among employee groups in an establishment as component. specifying the names of their to effectively obliterate the distinctions workers and employees below the managerial embodied in such wage structure based on skills. June 9. June 9. No wage order arbitrators within ten (10) calendar days from the shall be construed to prevent workers in time said dispute was referred to voluntary particular firms or enterprises or industries from arbitration. 125. June 9. (As amended by Republic Act branch of the National Labor Relations No. bargaining for higher wages with their respective employers. Unless 1989) otherwise agreed by the parties in writing. such dispute shall be decided by the voluntary Art. The Secretary of Labor and Employment situation where an increase in prescribed wage or his duly authorized representatives. Freedom to bargain. shall . 6727. apprentices and length of service. In cases where there are no collective 6727. shall receive not less than the prescribed Where the application of any prescribed wage wage rates per eight (8) hours of work a day. tribunal or other entity against any unresolved after ten (10) calendar days of proceedings before the Commission or the conciliation. It shall be mandatory for the NLRC to conduct continuous hearings and decide Art. wage rates prescribed by Congress. including learners. unresolved. are paid on piecework. rates results in the elimination or severe including labor regulation officers. (As amended by Republic Act No. Commission and the National differences in wage or salary rates between and Statistics Office. 128.

require and Employment under this Article may employers to keep and maintain such be appealed to the latter. (As amended by the duly authorized hearing officers of the Republic Act No. a hearing shall rules and regulations issued pursuant be conducted to determine whether an thereto. The Secretary of Labor and Employment representative of the Secretary of Labor may. summary dismissal from the service. Recovery of wages. he shall pay the and in cases where the relationship of employees concerned their salaries or employer-employee still exists. order for the stoppage of work or suspension of operations shall be lifted or b. through summary proceeding and after due notice. to hear and . delay or provisions of this Code and other labor otherwise render ineffective the orders of legislation based on the findings of labor the Secretary of Labor and Employment or employment and enforcement officers or his duly authorized representatives issued industrial safety engineers made in the pursuant to the authority granted under course of inspection. The Secretary or his this Article. 7730. except in cases where the case involving the enforcement orders employer contests the findings of the issued in accordance with this Article. The Secretary of Labor and Employment premises at any time of the day or night may likewise order stoppage of work or whenever work is being undertaken suspension of operations of any unit or therein. or abuse of authority. 129. department of an establishment when to question any employee and investigate non-compliance with the law or any fact. 1994). the Regional Director of the equivalent to the monetary award in the Department of Labor and Employment or any of order appealed from. the wages during the period of such stoppage Secretary of Labor and Employment or his of work or suspension of operation. Any government employee found guilty of documentary proofs which were not violation of. In case the violation is attributable to 129 and 217 of this Code to the contrary. June 2. the fault of the employer. under considered in the course of inspection. only upon the posting of a cash or surety bond issued by a reputable bonding Art. after appropriate amended by Republic Act No. labor employment and enforcement officer and raises issues supported by e. Upon complaint of any of Labor and Employment in the amount interested party. duly authorized representatives shall have the power to issue compliance orders to d. wage order or Within twenty-four hours. It shall be unlawful for any person or give effect to the labor standards entity to obstruct. In case said employment records as may be necessary order involves a monetary award. impede. Code and of any labor law. and no inferior court or entity duly authorized representatives shall issue shall issue temporary or permanent writs of execution to the appropriate injunction or restraining order or authority for the enforcement of their otherwise assume jurisdiction over any orders. 7730. 1994) Department is empowered. (As this Article shall. and the right to copy therefrom. an in aid of his visitorial and enforcement appeal by the employer may be perfected powers under this Code. June administrative investigation. condition or matter which may implementing rules and regulations poses be necessary to determine violations or grave and imminent danger to the health which may aid in the enforcement of this and safety of workers in the workplace. Notwithstanding the provisions of Articles not. An order issued by the duly authorized f. be subject to 2. have access to employer’s records and c. simple money company duly accredited by the Secretary claims and other benefits. by appropriate regulations.

(As amended by Section 2. the following cases: Any decision or resolution of the Regional a. 1989) responsible position of managerial or technical nature. The prohibitions prescribed Employment to be used exclusively for the by the preceding Article shall not apply in any of amelioration and benefit of workers. No woman. shall be held as a special fund of the Department of Labor and Art. Exceptions. owing to an employee or person employed in domestic or household Art. between midnight and six in a special deposit account by. to the National Labor majeure or imminent danger to public Relations Commission which shall resolve the safety. to avoid serious loss which the employer The Secretary of Labor and Employment or his would otherwise suffer.000. flood. duly authorized representative may supervise the payment of unpaid wages and other monetary c. SPECIAL GROUPS OF EMPLOYEES . or complaint within thirty (30) calendar days from the date of the filing of the same. typhoon. provision may be appealed on the same grounds fire. arising regardless of age. including legal interest. and shall be paid o’clock in the morning of the following on order of. 130. machineries. serious loss of perishable goods. within five or other disasters or calamity. service or househelper under this Code. Nightwork prohibition. The Regional Director or six o’clock in the morning of the following hearing officer shall decide or resolve the day.00). found owing to any employee or househelper under this Code. Any sum thus b. or Employment or the Regional Director directly to the employee or househelper concerned. EMPLOYMENT OF WOMEN including legal interest. In any agricultural undertaking at such sum not paid to the employee or nighttime unless she is given a period of househelper because he cannot be located after rest of not less than nine (9) consecutive diligent and reasonable effort to locate him hours. In case of urgent work to be performed on allowed under its rules. d. In cases of actual or impending Director or hearing officer pursuant to this emergencies caused by serious accident. Where the woman employee holds a Republic Act No. epidemic provided in Article 223 of this Code. shall be employed or permitted from employer-employee relations: Provided. earthquake. Any c. 6715. the Secretary of Labor and day. with or without That such complaint does not include a claim for compensation: reinstatement: Provided further. In any industrial undertaking or branch househelper does not exceed Five thousand thereof between ten o’clock at night and pesos (P5. or in cases of force decision or resolution. That the aggregate money claims of each employee or a. or suffered to work. March 21. In any commercial or non-industrial recovered on behalf of any employee or undertaking or branch thereof. equipment or installation.decide any matter involving the recovery of Chapter I wages and other monetary claims and benefits. other than househelper pursuant to this Article shall be held agricultural. to prevent (5) calendar days from receipt of a copy of said loss of life or property. or where the woman Title III employee has been engaged to provide WORKING CONDITIONS FOR health and welfare services. within a period of three (3) years. Where the work is necessary to prevent claims and benefits. appeal within ten (10) calendar days from the submission of the last pleading required or b. 131.

the Department of Labor d. contraceptive pills and intrauterine devices. the application or use of women. The employer may require from performed with equal efficiency by male any woman employee applying for workers. require any employer to: for the first four (4) deliveries by a woman employee after the effectivity of this a. a. Under other analogous cases exempted pregnancy. duties in this position without detriment to efficiency. Where the women employees are will probably take place within two weeks. but provide at least a dressing room for not be limited to. e. Every employer shall grant to any unlawful for any employer to discriminate against pregnant woman employee who has any woman employee with respect to terms and rendered an aggregate service of at least conditions of employment solely on account of six (6) months for the last twelve (12) her sex. In appropriate cases. unfit for work. which renders the woman Employment in appropriate regulations. Art. The maternity leave shall be extended undertaking. abortion or by the Secretary of Labor and miscarriage. unless she has earned unused leave credits from which such Art. and without pay on account of illness medically certified to arise out of the g. incentives for hours. Where the nature of the work requires normal delivery or abortion with full pay the manual skill and dexterity of women based on her regular or average weekly workers and the same cannot be wages. It shall be a. In coordination with other agencies of the therein. To establish separate toilet rooms and provide free family planning services to lavatories for men and women and their employees which shall include. c. To establish a nursery in a workplace for the benefit of the women employees b. The Secretary of extended leave may be charged. by Article shall be paid by the employer only regulations. Discrimination prohibited. 134. immediate members of the family operating the establishment or b. Provide seats proper for women and Code. 132. maternity leave of at least two (2) weeks prior to the expected date of The following are acts of discrimination: delivery and another four (4) weeks after . Family planning services. months. provided they can perform their family planning. 133. Establishments which are required by law to maintain a clinic or infirmary shall b. Facilities for women. Art. permit them to use such seats when they are free from work and during working Art. Labor and Employment shall establish standards that will ensure the safety and health of women c. 135. and government engaged in the promotion of family planning. Maternity leave benefits. workers in any establishment or enterprise. maternity leave the production of a medical certificate stating that delivery f. he shall. delivery. To determine appropriate minimum age and Employment shall develop and and other standards for retirement or prescribe incentive bonus schemes to termination in special occupations such as encourage family planning among female those of flight attendants and the like. The maternity leave provided in this employees.

To deny any woman employee the eighteen (18) years of age in an benefits provided for in this undertaking which is hazardous or Chapter or to discharge any deleterious in nature as determined by woman employed by him for the the Secretary of Labor and Employment. shall be action under this provision shall not bar the considered as an employee of such establishment aggrieved employee from filing an entirely for purposes of labor and social legislation. cocktail lounge. Favoring a male employee over a female admission of such woman upon employee with respect to promotion. a. purpose of preventing her from enjoying any of the benefits Art. That the institution of any criminal Secretary of Labor and Employment. Art. 1989) a. separate and distinct action for money claims. employee. Payment of a lesser compensation. salary or other form of account of her pregnancy. massage clinic. 140. 2. No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age. a. . for work of equal value. To discharge or refuse the b. except when he works unlawful for an employer to require as a directly under the sole responsibility of his condition of employment or continuation of parents or guardian. appropriate regulations. such periods of the day as determined by the Secretary of Labor and Employment in Art. scholarship grants solely on account of their sexes. a woman employee shall be deemed resigned or separated. which may include claims for damages and other Chapter II affirmative reliefs. discharge. Prohibited acts. 6725. Minimum employable age. and his employment employment that a woman employee shall not does not in any way interfere with his get married. Art. Stipulation against marriage. Any person between fifteen (15) and actually dismiss. Classification of certain women workers. to a on leave or in confinement due to female employees as against a male her pregnancy. 139. discrimination. or while remuneration and fringe benefits. No child below fifteen (15) years of age Art. It shall be unlawful for any employer: c. (As amended by Republic Act No. with or without compensation. that upon getting married. discriminate or eighteen (18) years of age may be otherwise prejudice a woman employee merely employed for such number of hours and by reason of her marriage. Any woman who is permitted or Criminal liability for the willful commission of any suffered to work. To discharge such woman on including wage. 137. May 12. returning to her work for fear that training opportunities. and 3. 138. unlawful act as provided in this Article or any in any night club. The actions hereby authorized EMPLOYMENT OF MINORS shall proceed independently of each other. study and she may again be pregnant. or to b. It shall be shall be employed. violation of the rules and regulations issued bar or similar establishments under the effective pursuant to Section 2 hereof shall be penalized as control or supervision of the employer for a provided in Articles 288 and 289 of this Code: substantial period of time as determined by the Provided. or to stipulate expressly or tacitly schooling. The foregoing provisions shall in no case allow the employment of a person below 1. 136. Prohibition against child provided under this Code.

Malabon. including services of family drivers. No househelper shall be assigned to work in a Art.00) may terminate the contract before the expiration a month for those in other of the term. If the period of household service is fixed. Pasig. Piñas.00) a stipulation to the contrary. August 19. Five hundred fifty pesos (P550. month for househelpers in Manila. Househelpers shall be paid the following opportunity for at least elementary education.00) shall be covered by the Social Art. lodging. Board. he or she shall be paid the compensation already earned plus Provided. Chapter III Provided. If the Art. In no case shall physical Navotas.000. 145. Indemnity for unjust termination of and services. and medical Manila and in highly urbanized attendance. Minimum wage. Marikina. members of the employer’s household. 148. Art. Opportunity for education. humane manner. Assignment to non-household work. Parañaque. and Caloocan cities Art. Pasay. That those househelpers who EMPLOYMENT OF HOUSEHELPERS are receiving at least One thousand pesos (P1. 143. Muntinlupa. . Minimum cash wage. 142. 1993) "Domestic or household service" shall mean Art. further. Las violence be used upon the househelper. The minimum service in the employer’s home which is usually wage rates prescribed under this Chapter shall be necessary or desirable for the maintenance and the basic cash wages which shall be paid to the enjoyment thereof and includes ministering to househelpers in addition to lodging. househelper. 149. Republic Act No. 7655. 147. the employer shall give him or her an a. This Chapter shall apply to all Security System (SSS) and be entitled to all the persons rendering services in households for benefits provided thereunder. If the municipalities. Eight hundred pesos (P800. Mandaluyong. 146. The employer shall furnish the cities. unless there is a 1. by the parties. food and the personal comfort and convenience of the medical attendance. minimum wage rates: The cost of education shall be part of the househelper’s compensation. reason. The and municipalities of Makati. Quezon. Treatment of househelpers. employment contracts of their househelpers every three (3) years with the end in view of If the househelper leaves without justifiable improving the terms and conditions thereof. Contract of domestic service. industrial or agricultural enterprise original contract of domestic service shall not last at a wage or salary rate lower than that provided for more than two (2) years but it may be for agricultural or non-agricultural workers as renewed for such periods as may be agreed upon prescribed herein. 141. except for a just cause. Art. Coverage. (As amended by compensation. Art. That the employers shall review the that for fifteen (15) days by way of indemnity. househelper is under the age of eighteen (18) years. he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days.00) a medical attendance. Taguig and Pateros in Metro Art. free of charge. neither the employer nor the househelper 3. month for those in other chartered cities and first-class municipalities. 144. Valenzuela. househelper is unjustly dismissed. Six hundred fifty pesos (P650. suitable and sanitary living quarters as well as adequate food and 2. The commercial. San employer shall treat the househelper in a just and Juan.

sub-contractor or any other person: . or causes to be delivered. agent contractor. Distribution of homework. articles or materials to be determined either in stipulation or by the nature processed or fabricated in or about a of the service. Delivers. 2. For purposes of this Chapter. or through an employee. which the latter shall authenticate by signature or thumbmark upon request of the employer. or on behalf of any person residing outside the country. Employment certification. service and his or her efficiency and conduct as househelper.Art. directly or indirectly. or the service. 154. Regulation of industrial homeworkers. Service of termination notice. The regulations or orders to be issued pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or field personnel involved. Regulations of Secretary of Labor. the employer or the househelper home and thereafter to be returned or to may give notice to put an end to the relationship be disposed of or distributed in five (5) days before the intended termination of accordance with his directions. Upon the processed or fabricated in or about a severance of the household service relation. The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper. 155. Art. Art. Sells any goods. 151. The employment of industrial homeworkers and field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries employing them. the home and then rebuys them after such employer shall give the househelper a written processing or fabrication. articles or materials to be Art. any duration of the household service is not goods. 150. 153. for his account or benefit. either by statement of the nature and duration of the himself or through some other person. If the 1. Employment record. Chapter IV EMPLOYMENT OF HOMEWORKERS Art. the "employer" of homeworkers includes any person. 152. Art. natural or artificial who.

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