TYPES OF EMPLOYMENT; SPECIAL GROUPS OF
EMPLOYEES
1. LABOR-ONLY v. JOB CONTRACTING
ART. 106. Contractor or Subcontractor. –
Whenever an employer enters into a contract with
another person for the performance of the former’s
work, the employees of the contractor and of the
latter’s subcontractor, if any, shall be paid in
accordance with the provisions of this Code.
In the event that the contractor or subcontractor
fails to pay the wages of his employees in
accordance with this Code, the employer shall be
jointly and severally liable with his contractor or
subcontractor to such employees to the extent of
the work performed under the contract, in the same
manner and extent that he is liable to employees
directly employed by him.
The Secretary of Labor and Employment may, by
appropriate regulations, restrict or prohibit the
contracting-out of labor to protect the rights of
workers established under this Code. In so
prohibiting or restricting, he may make appropriate
distinctions between labor- only contracting and job
contracting as well as differentiations within these
types of contracting and determine who among the
parties involved shall be considered the employer
for purposes of this Code, to prevent any violation
or circumvention of any provision of this Code.
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There is "labor-only" contracting where the person
supplying workers to an employer does not have
substantial capital or investment in the form of
tools, equipment, machineries, work premises,
among others, and the workers recruited and
placed by such person are performing activities
which are directly related to the principal business
of such employer. In such cases, the person or
intermediary shall be considered merely as an
agent of the employer who shall be responsible to
the workers in the same manner and extent as if
the latter were directly employed by him.
ART. 107. Indirect Employer. – The provisions of
the immediately preceding article shall likewise
apply to any person, partnership, association or
corporation which, not being an employer,
contracts with an independent contractor for the
performance of any work, task, job or project.
ART. 108. Posting of Bond. – An employer or
indirect employer may require the contractor or
subcontractor to furnish a bond equal to the cost of
labor under contract, on condition that the bond
will answer for the wages due the employees should
the contractor or subcontractor, as the case may
be, fail to pay the same.
ART. 109. Solidary Liability. – The provisions of
existing laws to the contrary notwithstanding, every
employer or indirect employer shall be held
responsible with his contractor or subcontractor for
any violation of any provision of this Code. For
purposes of determining the extent of their civil
liability under this Chapter, they shall be Department Circular No. 01-17 (Department
considered as direct employers. Circular No. 01-17 Clarifying the applicability of
Department Order No. 174, Series of 2017)
DOLE Department Order No. 174-17
(Department Order No. 174-17 Rules
Implementing Articles 106 to 109 of the Labor
Code, As Amended)
Section 3 (h). Labor-only contracting : refers to
arrangement where the contractor or subcontractor
merely recruits, supplies, or places workers to
perform a job or work for a principal, and the
elements enumerated in Section 5 hereunder are
present.
Section 5. Absolute Prohibition against Labor-only
Contracting: Labor-only contracting, which is
totally prohibited, refers to an arrangement where:
A. 1. The contractor or subcontractor does not
have substantial capital, or;
2. The contractor or subcontractor does not
have investments in the form of tools,
equipment, machineries, supervision,
work, premises, among other, and
3. The contractor’s or subcontractor’s
employees recruited and placed are
performing activities which are directly
related to the main business operation of
the principal; or
B. The contractor or subcontractor does not
exercise the right to control over the
performance of the work of the employee.

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 CONQUEROR INDUSTRIAL PEACEMANAGEMENT
COOPERATIVE v. BALINGBING ET AL.,
G.R. No. 250311 & 250501, January 5, 2022
Sagara is a domestic corporation engaged in the
manufacture of various plastic parts and tubes for
automotive wiring harness, non-automotive
applications, and fabrication of molding dies.
Conqueror, on the other hand, is a service
cooperative engaged in performing specific jobs
which require special services to different clientele.
Respondents Balingbing and four others who
represented 149 other employees filed a Sama
Samang Sinumpaang Reklamong Salaysay para sa
Complaint for Inspection against Sagara and
Conqueror for alleged violation of labor laws.
Conqueror proved the following:
(1) it met the substantial capital to operate as a
legitimate labor contractor; and
(2) it exercised control and supervision over the
means and methods of respondents' work.
Conqueror deployed them to Sagara to perform the
following:

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(1) manually transport materials from the storage
warehouse to the work station;
(2) load finished goods to the delivery trucks;
(3) label products; and
(4) recycle waste materials
Given the type of services Conqueror provides
Sagara under their Contract of Service, there is no
need for it to invest in any equipment or
machineries in the plant of Sagara. Primarily,
Conqueror is presumed to have complied with all
the requirements of a legitimate job contractor
considering the Certificates of Registration issued to
it by the DOLE. To be considered as a labor-only
contractor, the lack of substantial capital of the
contractor must concur with the fact that the
employees ' work directly relates to the main
business of the principal.
CARMELA C. TIANGCO v. ABS-CBN
BROADCASTING CORPORATION.
G.R. No. 200434, December 6, 2021
Petitioner appeared in a Tide commercial in
December 1995, in a supposed violation of a ABS-
CBN memorandum barring employees and
contractual talents, like her, in the Radio and the
News and Public Affairs Departments from
appearing in ads. As a result, ABS-CBN suspended
Tiangco without pay for three months from being
co-anchor of TV Patrol and the DZMM radio
program Mel & Jay. ith no amicable ending to the
suspension drama in sight, petitioner filed a
complaint against ABS-CBN and its officers for
illegal dismissal and monetary claims. The Court
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ruled that the petitioner is an independent
contractor. She was hired because of her peculiar
talents, skills, personality and celebrity status.
Possession of unique skills, expertise, or talent is a
persuasive element of an independent contractor. It
becomes conclusive if it is established that the
worker performed the work according to his/her
own manner and method and free from the
principal’s control except to the result. There is no
inflexible rule to determine if a person is an
independent contractor, thus, the characterization
of the relationship must be made based on the
particular circumstances of each case. There are
several factors that may be considered by the
courts, but the right to control remains the dominant
factor in determining whether one is an employee or
an independent contractor.
ROBERTO MECAYDOR v. SAEKYUNG REALTY
CORPORATION
G.R. NO. 249616. OCTOBER 11, 2021
Petitioners filed several complaints for illegal
dismissal, non-payment of salaries, overtime pay,
holiday pay, and 13th month pay against Saekyung
Realty Corporation (SRC), a company engaged in
real estate development, particularly condominium
projects. They alleged that SRC hired them on
different dates as construction workers, particularly
as foreman, mason, carpenter, steel man, painter,
helper, and laborer, through MPY Construction
(MPY), a labor-only contractor that paid them below
the minimum rate. SRC and Lim (respondents), for
their part, averred that SRC was neither
established as a construction company nor
authorized to hire and select construction workers
and personnel. For the first three buildings after its
incorporation, SRC entered into a Contractor
Agreement with MPY, an independent contractor,
covering specific work, number of laborers, and the
rate per laborer. MPY hired petitioners and detailed
them to SRC as project employees. MPY is a labor-
only contractor. The general presumption is that a
contractor is engaged in labor-only contracting,
unless the contractor proves otherwise by having
substantial capital, investment, tools, and the like.
The burden of proving the legitimacy of the
contractor shifts to the principal when it is the one
claiming that status. Thus, the burden of proving
that MPY is a legitimate labor contractor rest on
SRC and not on petitioners.
ABS-CBN BROADCASTING CORPORATION v.
KESSLER TAJANLANGIT, VLADIMIR MARTIN,
HERBIE MEDINA AND JUAN PAULO NIEVA
G.R. No. 219508 (Formerly UDK No. 15345),
September 14, 2021
ABSCBN engaged independent contractors such as,
but not limited to, directors, actors, scriptwriters,
production and technical staff for a particular
program it would produce. In 2002, petitioner
adopted and implemented the Internal Job Market
System (IJM), a database which provides the user
with a list of accredited technical or creative
manpower and/or talents who offer their services
for a fee. Petitioner's contention that respondents
were engaged as independent contractors for having
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undergone the IJM System of accreditation is also
of no moment. The Court held that the CA is correct
in ruling that there exist an employer-employee
relationship between petitioner and respondents.
All elements of the four-fold test for determining
employer-employee relationship were sufficiently
established. Respondents did not have the power to
bargain huge talent fees, a circumstance negating
independent contractual relationship. The power of
control and supervision exercised by ABS-CBN over
petitioners is shown through the employment of
production supervisors, executive producers and
program directors over petitioners' work, and this
negates the allegation that petitioners are
independent contractors. Petitioners do not have
any substantial capital or investment in tools or
equipment or work premises. It is ABS-CBN that
provides all the necessary tools, materials, and
equipment being used by petitioners while they are
working within the studio premises. Petitioners also
cannot decide for themselves when and where they
would work as their work assignments and
schedules are dictated upon them by ABS-CBN.
MARTINEZ v. MAGNOLIA POULTRY
PROCESSING PLANT (MPPP),
G.R. NO. 231579, JUNE 16, 2021
As a general rule, a contractor is presumed to be a
labor-only contractor, unless such contractor
overcomes the burden of proving that it has
substantial capital, investment, tools, and the like.
As a regulated industry, the law requires
registration of labor contractors with the DOLE.
Failure to register shall give rise to the presumption
that the contractor is engaged in labor-only
contracting.
The Court though recognizes that the presumption
of legitimacy arising from one's registration as an
independent and legitimate labor contractor may be
defeated whenever it is shown that:
i) The contractor or subcontractor does not have
substantial capital or investment which relates to
the job, work, or service to be performed and the
employees recruited, supplied or placed by such
contractor or subcontractor are performing
activities which are directly related to the main
business of the principal; or
ii) the contractor does not exercise the right to
control over the performance of the work of the
contractual employee.
ERNESTO LUCES ET AL. v. COCA-COLA
BOTTLERS, PHILS., INC,
G.R. NO. 213816, DECEMBER 2, 2020
Interserve and Hotwired are engaged in labor-only
contracting. Jurisprudence has established that
this Court does not set an absolute figure for what
it considers substantial capital for an independent
job contractor, but it measures the same against
the type of work which the contractor is obligated to
perform for the principal. In this case, Interserve
entered into a Service Agreement with CCBPI
wherein it will provide pool of relievers to the latter
in case there would be absent employees or there
would be an upsurge in the workload. Hotwired was
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engaged for warehousing management and delivery
services.
MANILA CORDAGE COMPANY-EMPLOYEES
LABOR UNION – ORGANIZED LABOR UNION IN
LINE INDUSTRIES AND AGRICULTURE (MCC-
ELU-OLALIA) and MSI-ELU-OLALIA vs MANILA
CORDAGE COMPANY and MANCO SYNTHETIC
INC.
GR. No. 242495-96, September 16,2020
A labor contractor’s Certificate of Registration with
the DOLE is not conclusive evidence of its status as
a legitimate labor contracting entity. At most, it
causes a disputable presumption that the entity is
a legitimate contractor which can be refuted by
other evidence. In order to determine whether an
entity is a labor-only contractor or a legitimate
labor contractor, what must be considered is the
totality of the facts and surrounding circumstances
of the case. In labor-only contracting, there is no
principal and contractor; ''there is only the
employer's representative who gathers and supplies
people for the employer”
HENRY T. PARAGELE et al, v. GMA NETWORK,
INC. G.R. No. 235315, July 13, 2020
Only casual employees performing work that is
neither necessary nor desirable to the usual
business and trade of the employer are required to
render at least one (1) year of service to attain
regular status. Employees who perform functions
which are necessary and desirable to the usual
business and trade of the employer attain regular
status from the time of engagement. The petitioners
were hired by GMA as camera operators. There is
no showing at all that they were hired because of
their “unique skills, talent, and celebrity status not
possessed by ordinary employees.” The repeated
engagement of petitioners over the years only
reinforces the indispensability of their services to
GMA’s business. Mindful of these considerations,
this Court is certain that the petitioners were
GMA’s regular employees.
2. REGULAR, PROJECT, FIXED-TERM,
SEASONAL, PROBATIONARY, CASUAL
EMPLOYEES
Title I – Termination of Employment
ART. 295. [280] Regular and Casual Employment.
– The provisions of written agreement to the
contrary notwithstanding and regardless of the oral
agreement of the parties, an employment shall be
deemed to be regular where the employee has been
engaged to perform activities which are usually
necessary or desirable in the usual business or
trade of the employer, except where the
employment has been fixed for a specific project or
undertaking the completion or termination of which
has been determined at the time of the engagement
of the employee or where the work or service to be
performed is seasonal in nature and the
employment is for the duration of the season.
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An employment shall be deemed to be casual if it is
not covered by the preceding paragraph: Provided,
That any employee who has rendered at least one
year of service, whether such service is continuous
or broken, shall be considered a regular employee
with respect to the activity in which he is employed
and his employment shall continue while such
activity exists.
ART. 296. [281] Probationary Employment. –
Probationary employment shall not exceed six (6)
months from the date the employee started
working, unless it is covered by an apprenticeship
agreement stipulating a longer period. The services
of an employee who has been engaged on a
probationary basis may be terminated for a just
cause or when he fails to qualify as a regular
employee in accordance with reasonable standards
made known by the employer to the employee at the
time of his engagement. An employee who is
allowed to work after a probationary period shall be
considered a regular employee.
2010 Manual of Regulations for Private Schools,
sec. 63 (DepEd Order No. 88, s.2010: 2010
Revised Manual of Regulation for Private
Schools in Basic Education)
2008 Manual of Regulations for Private Higher
Education, secs. 35-36, 117

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 FIXED TERM) DOLE Department Order No. 159,
series of 2016: Guidelines for the Employment
of Migratory Sugarcane Workers

9

NESTOR ILUSTRISIMO ET AL. v. ST. JOSEPH
FISH BROKERAGE, INC.,
G.R. NO. 235761, OCTOBER 6, 2021
Ilustrisimo, et al., were batillos or fish tub haulers
for St. Joseph. In determining whether an
employment should be considered regular or non-
regular, the applicable test is the reasonable
connection between the particular activity
performed by the employee in relation to the usual
business or trade of the employer. The standard,
supplied by the law itself, is whether the work
undertaken is necessary or desirable in the usual
business or trade of the employer, a fact that can
be assessed by looking into the nature of the
services rendered and its relation to the general
scheme under which the business or trade is
pursued in the usual course.
UNIVERSITY OF ST LA SALLE v. JOSEPHINE
GLARAGA ET AL.
G.R. No. 224170, JUNE 10, 2020
The Court has resolved the question of the
probationary period of teachers who, given the
nature of their profession, can only render service
during fixed academic terms. The Court has held
that the Labor Code provision on the general
probationary period of six months does not apply to
teachers rather, special regulations of the
Department of Education provide that, unless a
shorter period is expressly adopted by their
institution, the probationary period of teachers will
be for a maximum of three years, even if within that
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period they render service under fixed short-term
contracts. The probationary period has been further
clarified to mean full-time teaching for three
consecutive academic rather than calendar years or
six consecutive regular semesters or nine
consecutive trimesters.
CAMBIL v. KABALIKAT PARA SA MAUNLAD NA
BUHAY, INC.,
G.R. NO. 245938, APRIL 5, 2022
Petitioner was hired as Program Officer for Credit
Group on a probationary basis. Cambil filed a
complaint for illegal dismissal against KMBI. She
alleged that upon the advice of a doctor, she did not
report for work for 2 days. When she returned to
work, her supervisor told her that her services had
been terminated. The Court ruled that a
probationary employee under Article 296 of the
Labor Code is one "who for a given period of time, is
being observed and evaluated to determine whether
or not he is qualified for permanent employment."
Although probationary employees enjoy security of
tenure, they do not enjoy permanent status and
thus may be terminated on two grounds: (1) just
cause; and (2) when they fail to qualify as a regular
employee in accordance with reasonable standards
prescribed by the employer.
TOYO SEAT PHILIPPINES CORPORATION v.
VELASCO
G.R. NO. 240774, MARCH 3, 2021
Petitioner TSPC, formerly Automotive Interiors
Corporation, is a Philippine corporation engaged in
manufacturing car seats, seat and door trims, wire
harnesses, manual binders, rear frames, bus seats, MIRANDILLA v. JOSE CALMA DEVELOPMENT
and cinema seats hired respondents as sewers. CORP.
Article 295 defines project employees as workers G.R. NO. 242834, 26 JUNE 2019
whose employment has been fixed for a specific
Respondent, a company engaged in the
project or undertaking the completion or
construction business, allegedly hired Ramon as
termination of which has been determined at the
finishing carpenter for the latter's construction
time of their engagement. For, as is evident from
project. Claiming that they were regular employees,
the provisions of Article 280 of the Labor Code,
petitioners were surprised to learn that their
quoted earlier, the principal test for determining
employment had been terminated despite not
whether particular employees are properly
having violated any company policy. This prompted
characterized as "project employees" as
them to file a complaint for illegal dismissal. Case
distinguished from "regular employees," is whether
law states that in order to safeguard the rights of
or not the "project employees" were assigned to
workers against the arbitrary use of the word
carry out a "specific project or undertaking," the
"project" to prevent them from attaining regular
duration (and scope) of which were specified at the
status, employers claiming that their workers are
time the employees were engaged for that project.
project employees should not only prove that the
The term "project" could also refer to, secondly, a
duration and scope of the employment were
particular job or undertaking that is not within the
specified at the time they were engaged, but also
regular business of the corporation. Such a job or
that there was indeed a project. Furthermore, it is
undertaking must also be identifiably separate and
crucial that the employees were informed of their
distinct from the ordinary or regular business
status as project employees at the time of hiring
operations of the employer. The job or undertaking
and that the period of their employment must be
also begins and ends at determined or determinable
knowingly and voluntarily agreed upon by the
times. workers may be considered project
parties, without any force, duress, or improper
employees regardless of the nature of the work they
pressure being brought to bear upon the employees
perform, as long as the essential elements of project
or any other circumstances vitiating their consent."
employment are alleged and proven, i.e., 1) that
In this case, records fail to disclose that petitioners
they were hired for a specific project or
were engaged for a specific project and that they
undertaking; and 2) the completion or termination
were duly informed of its duration and scope at the
of the project or undertaking for which they were
time that they were engaged. Ramon cannot be
hired has been determined at the time of their
considered as a project employee. Hence, he was a
engagement.

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regular employee who could only have been
terminated for a just or authorized cause. Same as
in Ramon's case, Ranil and Edwin's project
employment contracts for their engagement were
not even shown. These contracts would have shed
light to what projects or undertakings they were
engaged; but all the same, none were submitted. As
case law holds, the absence of the employment
contracts puts into serious question the issue of
whether the employees were properly informed of
their employment status as project employees at
the time of their engagement, especially if there
were no other evidence offered.
REGALA V. MANILA HOTEL
G.R. NO. 204684, OCTOBER 05, 2020
Regala was hired by MHC as one of its waiters
assigned to the Food and Beverage Department. He
was later assigned as cook helper at MHC's
Chocolate Room/Cookies Kitche. On its part, MHC
denied outright that Regala is its regular employee,
and claimed that he is a mere freelance or "extra
waiter" engaged by MHC on a short term basis. The
Court ruled that Regala is a regular employee of
MHC. Notably, in the absence of a clear agreement
or contract, whether written or otherwise, which
would clearly show that Regala was properly
informed of his employment status with MHC,
Regala enjoys the presumption of regular
employment in his favor. The employment status of
a person is defined and prescribed by law and not
by what the parties say it should be. In this regard,
Article 295 of the Labor Code "provides for two
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types of regular employees, namely: (a) those who
are engaged to perform activities which are usually
necessary or desirable in the usual business or
trade of the employer (first category); and (b) those
who have rendered at least one year of service,
whether continuous or broken, with respect to the
activity in which they are employed (second
category). A fixed-term employment, while not
expressly mentioned in the Labor Code, has been
recognized by this Court as a type of employment
"embodied in a contract specifying that the services
of the employee shall be engaged only for a definite
period, the termination of which occurs upon the
expiration of said period irrespective of the
existence of just cause and regardless of the activity
the employee is called upon to perform.  fixed-term
character of employment essentially refers to the
period agreed upon between the employer and the
employee. A fixed-term employment contract which
otherwise fails to specify the date of
effectivity and the date of expiration of an
employee's engagement cannot, by virtue of
jurisprudential pronouncement, be regarded as
such despite its nomenclature or classification
given by the parties. The employment contract may
provide for or describe some other classification or
type of employment depending on the
circumstances, but it is not, properly speaking, a
fixed-term employment contract.
CLARET SCHOOL OF QUEZON CITY V. SINDAY
G.R. NO. 226358, OCTOBER 9, 2019
Sinday is the wife of Wencil Sinday, one (1) of
Claret's longtime drivers. Their children are
scholars of Claret. Sinday filed her Complaint for
illegal dismissal against the school. The Civil Code
itself recognized that labor contracts should not be
treated as ordinary civil contracts. Brent laid down
the criteria under which a fixed-term employment
cannot be deemed in circumvention of the security
of tenure:
(1) When the parties have knowingly and
voluntarily agreed upon a fixed period of
employment "without any force, duress, or
improper pressure being brought to bear
upon the employee and absent any other
circumstances vitiating his consent"; or
(2) When "it satisfactorily appears that the
employer and employee dealt with each
other on more or less equal terms" with
the employer not having exercised any
moral dominance over the employee.
The existence of a contract indicating a fixed term
does not preclude regular employment. This Court
has held that our ruling in Brent is the exception
rather than the general rule, and a fixed-term
employment is recognized as valid only under
certain circumstances, particularly when a fixed-
term is an essential and natural appurtenance. In
determining the validity of a fixed-term
employment, the level of protection accorded to
labor is ascertained based on the "nature of the
work, qualifications of the employee, and other
relevant circumstances." If none of the
aforementioned criteria are present, this Court will
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strike down a fixed-term employment contract.
There is no genuine freedom to contract when a
fixed-term employment is used as a vehicle to
exploit the economic disadvantage of workers like
respondent. Plain wage earners should not be
faulted for tolerating jobs they desperately
need. Brent recognized the validity of fixed-term
employments only within the context that
employers and employees are on an equal
footing. That employees agree to be repeatedly hired
on a fixed-term basis only reveals the deeper
problem of poverty and growing economic inequality
between labor and capital. Absent any contract, it
cannot be said that respondent was informed of the
nature of her employment, as well as the duration
and scope of her work. A fixed-term employment
cannot be held valid based on mere allegations and
speculations. Two-notice rule. First, an initial
notice must be given to the employee, stating the
specific grounds or causes for the dismissal. It
must direct the submission of a written explanation
answering the charges. Second, after considering
the employee's answer, an employer must give
another notice providing the findings and reason for
termination.
MAGTIBAY v. AIRTAC AGRICULTURAL
CORPORATION
G.R. NO. 228212, JULY 8, 2020
Petitioner not only performed activities which are
necessary or desirable in the usual business or
trade of the employed, but in fact administered and
directed the day-to-day affairs of the company.
Clearly, the aforementioned documents signed by
petitioner as General Manager are not the work of a
simple consultant, but one who is engaged to
perform activities which are necessary or desirable
in the usual business or trade of the employer.
There are four kinds of employees:
(1) regular employees or those who have been
engaged to perform activities which are usually
necessary or desirable in the usual business or
trade of the employer;
(2) project employees or those whose employment
has been fixed for a specific project or undertaking,
the completion or termination of which has been
determined at the time of the engagement of the
employee;
(3) seasonal employees or those who work or
perform services which are seasonal in nature, and
the employment is for the duration of the season;
and
(4) casual employees or those who are not regular,
project, or seasonal employees.
Jurisprudence later added a fifth kind,
(5) fixed term employee, the fixed-term character of
employment essentially refers to the period agreed
upon between the employer and the employee;
employment exists only for the duration of the term
and ends on its own when the term expires.
HACIENDA CATAYWA v. LOREZO.
G.R. NO. 179640, MARCH 18, 2015
Farm workers generally fall under the definition of
seasonal employees. It was also consistently held
that seasonal employees may be considered as
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regular employees when they are called to work
from time to time. They are in regular employment
because of the nature of the job, and not because of
the length of time they have worked. However,
seasonal workers who have worked for one season
only may not be considered regular employees. This
Court has classified farm workers as regular
seasonal employees who are called to work from
time to time and the nature of their relationship
with the employer is such that during the off
season, they are temporarily laid off; but
reemployed during the summer season or when
their services may be needed. To be exempted on
the basis of casual employment, the services must
not merely be irregular, temporary or intermittent,
but the same must not also be in connection with
the business or occupation of the employer. The
primary standard, therefore, of determining a
regular employment is the reasonable connection
between the particular activity performed by the
employee in relation to the usual business or trade
of the employer. The test is whether the former is
usually necessary or desirable in the usual
business or trade of the employer.
UNIVERSAL ROBINA SUGAR MILLING
CORPORATION v. NAGKAHIUSANG MAMUMUO
SA URSUMCO-NATIONAL FEDERATION OF
LABOR.
G.R. NO. 224558, NOVEMBER 28, 2018.
The employer cannot deny employees' benefits
granted by the CBA and the employee cannot
renege on the obligations imposed by it.
Nonetheless, when it comes to the employment
status itself of the concerned employees, the CBA is
subservient (subordinate) to what the law says their
employment status is. Article 295 of the Labor Code
defines seasonal employees as those whose work or
engagement is seasonal in nature and the
employment is only for the duration of the season.
Seasonal employment becomes regular seasonal
employment when the employees are called to work
from time to time. On the other hand, those who
are employed only for a single season remain as
seasonal employees. As a consequence of regular
seasonal employment, the employees are not
considered separated from service during the off-
milling season, but are only temporarily laid off or
on leave until re-employed. In both regular seasonal
employment and seasonal employment, the
employee performs no work during the off-milling
season. Here, the concerned URSUMCO employees
are performing work for URSUMCO even during the
off-milling season as they are repeatedly engaged to
conduct repairs on the machineries and equipment.
Strictly speaking, they cannot be classified either as
regular seasonal employees or seasonal employees
as their work extended even beyond the milling
season.
BRAZIL v. STI EDUCATION SERVICES.
G.R. NO. 233314, NOVEMBER 21, 2018.
Petitioners are part-time faculty with a fixed-term
status. "Basic is the rule that the nature of
employment is determined by the factors set by law,
regardless of any contract expressing otherwise."
15
Ergo, a provision in an employment contract
prescribing a nature of employment that is violative
of law, is deemed unwritten and has no effect as to
the parties thereto. There are two (2) ways to
categorize the nature of employment of a faculty in
a higher education institution:
First, a faculty may either be full-time or part-time.
This manner of classification is unique to the
teaching profession. The criteria or basis for the
said classification, as can be gleaned from the
provisions of the 1992 MORPS and 2008 MORPHE,
primarily relates to the academic qualifications and
teaching load of the faculty.
A faculty who does not meet ALL the
minimum academic qualifications is
automatically a part-time faculty. Moreover, a
faculty who is deemed a full-time faculty after
meeting all the minimum academic
qualifications does not perpetually become
one. He or she may be reverted to being a
part-time faculty for failure to comply with
the requirements on the teaching load.
Second, a faculty's nature of employment may also
be classified under the general provisions of the
Labor Code and the applicable jurisprudence. Thus,
a faculty may be considered a permanent,
probationary, or fixed-term employee. In this
manner of classification, the emphasis is on the
rights of the faculty member as an employee,
specifically his or her right to security of tenure or
the lack of it. The touchstone therefor is found not
only in the 1992 MORPS and 2008 MORPHE, but
in the Labor Code and other applicable laws and
jurisprudence.
1. PERMANENT
A faculty who does not qualify as a full-time
faculty under the 1992 MORPS and/or 2008
MORPHE can never attain the status of a
permanent or regular employee. It necessarily
follows that only a full-time faculty can be
considered a permanent or regular employee.
Note, however, that being a full-time faculty does
not suffice to be considered a permanent
employee. In order for a faculty teaching in the
tertiary level to acquire permanent employment
or security of tenure, he or she must:
(1) be a full-time faculty;
(2) have rendered three consecutive years of
service or six consecutive semesters (i.e., the
probationary period); and
(3) such service must have been satisfactory.
2. PROBATIONARY
In cases where a faculty failed to attain a regular
or permanent status, the next question is,
whether the said faculty may be considered a
probationary employee. Unlike a fixed-term
16
employee, a probationary employee is entitled to
limited security of tenure. Only a full-time
faculty may be granted a probationary status. As
expressly provided under Section 117 of the
2008 MORPHE, "an academic teaching
personnel who does not possess the minimum
academic qualifications prescribed under
Sections 35 and 36 of this Manual shall be
considered part-time employee, and therefore
cannot avail of the status and privileges of a
probationary employment."
Although the same rule was not expressly
provided under the 1992 MORPS, since
employment on probation could lead to a
permanent status, it ineluctably follows that
only those who may attain a permanent status
can be granted a probationary employment. A
part-time faculty could never attain a permanent
status for lack of academic qualifications. Said
rule is also consistent with the nature and
purpose of hiring someone on a probationary
period – "to observe the fitness, propriety, and
efficiency of a probationer to ascertain whether
he is qualified for permanent employment." To
further illustrate, a full-time faculty, by default,
is given a probationary status unless:
(1) the employer decides to cut short the
probationary period for causes provided
under the law; or
(2) said faculty is hired merely as a substitute
of a permanent faculty who is on leave.
 On the other hand, a part-time faculty can never
be a probationary employee. Consequently, if a
faculty is not deemed probationary, he or she is
considered a fixed-term employee.
3. FIXED TERM
The validity of fixed-term employment contracts
for teachers:
(1) the fixed period of employment was
agreed upon knowingly and voluntarily by
the parties, without any force, duress or
improper pressure being brought to hear
upon the employee and absent any other
circumstances vitiating his consent; and
(2) where it satisfactorily appears that the
employer and employee dealt with each
other on more or less equal terms with no
moral dominance whatever being exercised
by the former over the latter.
LYNVIL FISHING ENTERPRISES v. ARIOLA
G.R. NO. 181974, FEBRUARY 1, 2012
Jurisprudence, laid two conditions for the validity
of a fixed-contract agreement between the employer
and employee:
First, the fixed period of employment was knowingly
and voluntarily agreed upon by the parties without
any force, duress, or improper pressure being
17
brought to bear upon the employee and absent any
other circumstances vitiating his consent; or
Second, it satisfactorily appears that the employer
and the employee dealt with each other on more or
less equal terms with no moral dominance
exercised by the former or the latter.
Textually, the provision that: "NA ako ay
sumasang-ayon na maglingkod at gumawa ng mga
gawain sang-ayon sa patakarang "por viaje" na
magmumula sa pagalis sa Navotas papunta sa
pangisdaan at pagbabalik sa pondohan ng lantsa
sa Navotas, Metro Manila" is for a fixed period of
employment. In the context, however, of the facts
that: (1) the respondents were doing tasks
necessarily to Lynvil’s fishing business with
positions ranging from captain of the vessel to
bodegero; (2) after the end of a trip, they will again
be hired for another trip with new contracts; and (3)
this arrangement continued for more than ten
years, the clear intention is to go around the
security of tenure of the respondents as regular
employees. And respondents are so by the express
provisions of the second paragraph of Article 280,
thus:
xxx Provided, That any employee who has
rendered at least one year of service, whether such
service is continuous or broken, shall be considered
a regular employee with respect to the activity in
which he is employed and his employment shall
continue while such activity exists.

3. Special Groups of Employees
a. Children
Secs. 12 & 14 of R.A. No. 7610, as amended
by R.A. 7658 and R.A. 9231 (AN ACT
PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER
PURPOSES)
ARTICLE VIII
Working Children
Section 12. Employment of Children. –
Children below fifteen (15) years of age may
be employed except:
(1) When a child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the employer's family are
employed: Provided, however, That his employment
neither endangers his life, safety and health and
morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian
shall provide the said minor child with the
prescribed primary and/or secondary education; or
(2) When a child's employment or participation in
public & entertainment or information through
18
cinema, theater, radio or television is essential:
Provided, The employment contract concluded by
the child's parent or guardian, with the express
agreement of the child concerned, if possible, and
the approval of the Department of Labor and
Employment: Provided, That the following
requirements in all instances are strictly complied
with:
(a) The employer shall ensure the protection,
health, safety and morals 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
skill acquisition of the child.
In the above exceptional cases where any
such child may be employed, the employer
shall first secure, before engaging such child,
a work permit from the Department of Labor
and Employment which shall ensure
observance of the above requirement.
 The Department of Labor Employment shall
promulgate rules and regulations necessary
for the effective implementation of this
Section.
Section 14. Prohibition on the
Employment of Children in Certain
Advertisements. – No person shall employ
child models in all commercials or
advertisements promoting alcoholic
beverages, intoxicating drinks, tobacco and
its byproducts and violence.
Secs. 3(a), (h); 5, R.A. No. 9262 (AN ACT
DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES)
SECTION 3. Definition of Terms.- As used in
this Act,
(a) "Violence against women and their
children" refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom
he has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not
limited to, the following acts:
A. "Physical Violence" refers to acts that
include bodily or physical harm;
B. "Sexual violence" refers to an act
which is sexual in nature, committed
against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the
sexual parts of the victim's body,
forcing her/him to watch obscene
publications and indecent shows or
forcing the woman or her child to do
indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the conjugal
home or sleep together in the same
room with the abuser;
b) acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,

19
 physical or other harm or threat of
physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or
omissions causing or likely to cause mental
or emotional suffering of the victim such as
but not limited to intimidation, harassment,
stalking, damage to property, public ridicule
or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the physical,
sexual or psychological abuse of a member of
the family to which the victim belongs, or to
witness pornography in any form or to
witness abusive injury to pets or to unlawful
or unwanted deprivation of the right to
custody and/or visitation of common
children.
D. "Economic abuse" refers to acts that make
or attempt to make a woman financially
dependent which includes, but is not limited
to the following:
1. withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases
wherein the other spouse/partner
objects on valid, serious and moral
20
grounds as defined in Article 73 of the
Family Code;
2. deprivation or threat of deprivation
of financial resources and the right to
the use and enjoyment of the conjugal,
community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money
or properties or solely controlling the
conjugal money or properties.
(h) "Children" refers to those below eighteen
(18) years of age or older but are incapable of
taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim
and other children under her care.
SECTION 5. Acts of Violence Against Women
and Their Children.- The crime of violence
against women and their children is
committed through any of the following acts:
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
 (c) Attempting to cause the woman or her
child physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage
in, or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force,
physical or other harm or threat of physical
or other harm, or intimidation directed
against the woman or child. This shall
include, but not limited to, the following acts
committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive
the woman or her children of financial
support legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
21
(3) Depriving or threatening to deprive
the woman or her child of a legal right;
(4) Preventing the woman in engaging
in any legitimate profession,
occupation, business or activity or
controlling the victim's own mon4ey or
properties, or solely controlling the
conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any sexual
activity which does not constitute rape, by
force or threat of force, physical harm, or
through intimidation directed against the
woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the woman or
her child in public or private places;
 (2) Peering in the window or lingering
outside the residence of the woman or
her child;

(3) Entering or remaining in the

dwelling or on the property of the
woman or her child against her/his
will;

(4) Destroying the property and

personal belongings or inflicting harm
to animals or pets of the woman or her
child; and

(5) Engaging in any form of harassment Department Circular No. 02-18 9 (Guidelines on
or violence; the Issuance of Work Permit for Children Below 15
years of Age Engage in Public Entertainment or
(i) Causing mental or emotional anguish, Information)
public ridicule or humiliation to the woman
or her child, including, but not limited to,
repeated verbal and emotional abuse, and
denial of financial support or custody of
minor children of access to the woman's
child/children.

22
23
 DOLE Department Order No. 149A, series of
2017 (Guidelines in Assessing and Determining
Hazardous Work in the Employment of Persons
below 18 years of age)

24
 sexual or dating relationship, or with whom
he has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which result in or
is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not
limited to, the following acts:

A. "Physical Violence" refers to acts that

include bodily or physical harm;

B. "Sexual violence" refers to an act

b. Women which is sexual in nature, committed
against a woman or her child. It
includes, but is not limited to:
Secs. 3(a), (d), (h); 5, 43, R.A. No. 9262 (AN ACT
DEFINING VIOLENCE AGAINST WOMEN AND a) rape, sexual harassment, acts
THEIR CHILDREN, PROVIDING FOR of lasciviousness, treating a
PROTECTIVE MEASURES FOR VICTIMS, woman or her child as a sex
PRESCRIBING PENALTIES THEREFORE, AND object, making demeaning and
FOR OTHER PURPOSES) sexually suggestive remarks,
physically attacking the sexual
SECTION 3. Definition of Terms.- As used in this parts of the victim's body, forcing
Act, her/him to watch obscene
publications and indecent shows
(a) "Violence against women and their or forcing the woman or her child
children" refers to any act or a series of acts to do indecent acts and/or make
committed by any person against a woman films thereof, forcing the wife and
who is his wife, former wife, or against a mistress/lover to live in the
woman with whom the person has or had a conjugal home or sleep together

25
 in the same room with the
abuser;
b) acts causing or attempting to
cause the victim to engage in any
sexual activity by force, threat of
force, physical or other harm or
threat of physical or other harm
or coercion;
c) Prostituting the woman or
child.
C. "Psychological violence" refers to acts
or omissions causing or likely to cause
mental or emotional suffering of the
victim such as but not limited to
intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the
physical, sexual or psychological abuse
of a member of the family to which the
victim belongs, or to witness
pornography in any form or to witness
abusive injury to pets or to unlawful or
unwanted deprivation of the right to
custody and/or visitation of common
children.
D. "Economic abuse" refers to acts that
make or attempt to make a woman
26
financially dependent which includes,
but is not limited to the following:
1. withdrawal of financial
support or preventing the victim
from engaging in any legitimate
profession, occupation, business
or activity, except in cases
wherein the other
spouse/partner objects on valid,
serious and moral grounds as
defined in Article 73 of the
Family Code;
2. deprivation or threat of
deprivation of financial resources
and the right to the use and
enjoyment of the conjugal,
community or property owned in
common;
3. destroying household property;
4. controlling the victims' own
money or properties or solely
controlling the conjugal money or
properties.
(d) "Stalking" refers to an intentional act committed
by a person who, knowingly and without lawful
justification follows the woman or her child or
places the woman or her child under surveillance
directly or indirectly or a combination thereof.
(h) "Children" refers to those below eighteen (18)
years of age or older but are incapable of taking
care of themselves as defined under Republic Act
No. 7610. As used in this Act, it includes the
biological children of the victim and other children
under her care.
SECTION 5. Acts of Violence Against Women and
Their Children.- The crime of violence against
women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
(c) Attempting to cause the woman or her
child physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage
in, or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force,
physical or other harm or threat of physical
27
or other harm, or intimidation directed
against the woman or child. This shall
include, but not limited to, the following acts
committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct:
(1) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(2) Depriving or threatening to deprive
the woman or her children of financial
support legally due her or her family, or
deliberately providing the woman's
children insufficient financial support;
(3) Depriving or threatening to deprive
the woman or her child of a legal right;
(4) Preventing the woman in engaging
in any legitimate profession,
occupation, business or activity or
controlling the victim's own mon4ey or
properties, or solely controlling the
conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
 (g) Causing or attempting to cause the
woman or her child to engage in any sexual
activity which does not constitute rape, by
force or threat of force, physical harm, or
through intimidation directed against the
woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include, but
not be limited to, the following acts:
(1) Stalking or following the woman or
her child in public or private places;
(2) Peering in the window or lingering
outside the residence of the woman or
her child;
(3) Entering or remaining in the
dwelling or on the property of the
woman or her child against her/his
will;
(4) Destroying the property and
personal belongings or inflicting harm
to animals or pets of the woman or her
child; and
28
(5) Engaging in any form of harassment
or violence;
(i) Causing mental or emotional anguish,
public ridicule or humiliation to the woman
or her child, including, but not limited to,
repeated verbal and emotional abuse, and
denial of financial support or custody of
minor children of access to the woman's
child/children.
SECTION 43. Entitled to Leave. – Victims under
this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the
person under this section shall be penalized in
accordance with the provisions of the Labor Code
and Civil Service Rules and Regulations. Likewise,
an employer who shall prejudice any person for
assisting a co-employee who is a victim under this
Act shall likewise be liable for discrimination.
Secs. 4(b) and (k), 13, 18, R.A. No. 9710 (The
Magna Carta of Wome)
Section 4. Definitions.
(b) "Discrimination Against Women" refers to any
gender-based distinction, exclusion, or restriction
which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by
women, irrespective of their marital status, on a
basis of equality of men and women, of human
rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field.
(k) "Violence Against Women" refers to any act of
gender-based violence that results in, or is likely to
result in, physical, sexual, or psychological harm or
suffering to women, including threats of such acts,
coercion, or arbitrary deprivation of liberty, whether
occurring in public or in private life. It shall be
understood to encompass, but not limited to, the
following:
(1) Physical, sexual, psychological, and
economic violence occurring in the family,
including battering, sexual abuse of female
children in the household, dowry-related
violence, marital rape, and other traditional
practices harmful to women, non-spousal
violence, and violence related to exploitation;
(2) Physical, sexual, and psychological
violence occurring within the general
community, including rape, sexual abuse,
sexual harassment, and intimidation at work,
in educational institutions and elsewhere,
trafficking in women, and prostitution; and
(3) Physical, sexual, and psychological
violence perpetrated or condoned by the
State, wherever it occurs.
29
It also includes acts of violence against women as
defused in Republic Acts No. 9208 and 9262.
Section 13. Equal Access and Elimination of
Discrimination in Education, Scholarships, and
Training. - (a) The State shall ensure that gender
stereotypes and images in educational materials
and curricula are adequately and appropriately
revised. Gender-sensitive language shall be used at
all times. Capacity-building on gender and
development (GAD), peace and human rights,
education for teachers, and all those involved in the
education sector shall be pursued toward this end.
Partnerships between and among players of the
education sector, including the private sector,
churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills
training in vocational and tertiary levels shall be
encouraged.
(c) Expulsion and non-readmission of women
faculty due to pregnant;- outside of marriage shall
be outlawed. No school shall turn out or refuse
admission to a female student solely on the account
of her having contracted pregnancy outside of
marriage during her term in school.
Section 18. Special Leave Benefits for Women. -
A woman employee having rendered continuous
aggregate employment service of at least six (6)
months for the last twelve (12) months shall be
entitled to a special leave benefit of two (2) months
with full pay based on her gross monthly
compensation following surgery caused by
gynecological disorders.
Secs. 3, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, R.A.
No. 11210 (105-Day Expanded Maternity Leave
Law)
Section 3. Grant of Maternity Leave.— All covered
female workers in government and the private
sector, including those in the informal economy,
regardless of civil status or the legitimacy of her
child, shall be granted one hundred five (105) days
maternity leave with full pay and an option to
extend for an additional thirty (30) days without
pay: Provided, That in case the worker qualifies as a
solo parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the worker shall be
granted an additional fifteen (15) days maternity
leave with full pay.
Enjoyment of maternity leave cannot be deferred
but should be availed of either before or after the
actual period of delivery in a continuous and
uninterrupted manner, not exceeding one hundred
five (105) days, as the case may be.
Maternity leave shall be granted to female workers
in every instance of pregnancy, miscarriage or
emergency termination of pregnancy, regardless of
frequency: Provided, That for cases of miscarriage
30
or emergency termination of pregnancy, sixty (60)
days maternity leave with full pay shall be granted.
Section 5. Maternity Leave for Female Workers in
the Private Sector.— Any pregnant female worker in
the private sector shall be granted a maternity leave
of one hundred five (105) days with full pay,
regardless of whether she gave birth via caesarian
section or natural delivery, while maternity leave of
sixty (60) days with full pay shall be granted for
miscarriage or emergency termination of pregnancy.
(a) A female Social Security System (SSS)
member who has paid at least three (3)
monthly contributions in the twelve (12)-
month period immediately preceding the
semester of her childbirth, miscarriage, or
emergency termination of pregnancy shall be
paid her daily maternity benefit which shall
be computed based on her average monthly
salary credit for one hundred five (105) days,
regardless of whether she gave birth via
caesarian section or natural delivery, subject
to the following conditions:
(1) That the female worker shall have
notified her employer of her pregnancy
and the probable date of her childbirth,
which notice shall be transmitted to the
SSS in accordance with the rules and
regulations it may provide;
 (2) That the full payment shall be
advanced by the employer within thirty
(30) days from the filing of the
maternity leave application;
(3) That payment of daily maternity
benefits shall be a bar to the recovery
of sickness benefits provided under
Republic Act No. 1161, as amended, for
the same period for which daily
maternity benefits have been received;
(4) That the SSS shall immediately
reimburse the employer of one hundred
percent (100%) of the amount of
maternity benefits advanced to the
female worker by the employer upon
receipt of satisfactory and legal proof of
such payment; and
(5) That if a female worker should give
birth or suffer a miscarriage or
emergency termination of pregnancy
without the required contributions
having been remitted for her by her
employer to the SSS, or without the
latter having been previously notified
by the employer of the time of the
pregnancy, the employer shall pay to
the SSS damages equivalent to the
benefits which said female member
would otherwise have been entitled to.
31
In case the employee qualifies as a solo
parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the employee
shall be paid an additional maternity benefit
of fifteen (15) days.
(b) An additional maternity leave of thirty (30)
days, without pay, can be availed of, at the
option of the female worker: Provided, That
the employer shall be given due notice, in
writing, at least forty-five (45) days before the
end of her maternity leave: Provided,
further, That no prior notice shall be
necessary in the event of a medical
emergency but subsequent notice shall be
given to the head of the agency.
(c) Workers availing of the maternity leave
period and benefits must receive their full
pay. Employers from the private sector shall
be responsible for payment of the salary
differential between the actual cash benefits
received from the SSS by the covered female
workers and their average weekly or regular
wages, for the entire duration of the
maternity leave, with the following
exceptions, subject to the guidelines to be
issued by the Department of Labor and
Employment (DOLE):
(1) Those operating distressed
establishments;
 (2) Those retail/service establishments
and other enterprises employing not
more than ten (10) workers;
(3) Those considered as micro-business
enterprises and engaged in the
production, processing, or
manufacturing of products or
commodities including agro-processing,
trading, and services, whose total
assets are not more than Three million
pesos (₱3,000,000.00); and
(4) Those who are already providing
similar or more than the benefits
herein provided.
Provided, That said exemptions shall be subject to
an annual submission of a justification by the
employer claiming exemption for the approval of the
DOLE.
Section 7. Maternity Leave for Women Regardless
of Civil Status.— All female workers in the
government and female members of the SSS,
regardless of their civil status, shall be granted
maternity leave, with full pay, upon compliance
with the preceding section.
Section 8. Maternity Leave With Pay in Case of
Childbirth, Miscarriage, or Emergency Termination of
Pregnancy After the Termination of an Employee’s
Service.— Maternity leave with full pay shall be
32
granted even if the childbirth, miscarriage, or
emergency termination of pregnancy occurs not
more than fifteen (15) calendar days after the
termination of an employee’s service, as her right
thereto has already accrued: Provided, That such
period is not applicable when the employment of
the pregnant woman worker has been terminated
without just cause, in which case the employer will
pay her the full amount equivalent to her salary for
one hundred five (105) days for childbirth and sixty
(60) days for miscarriage or emergency termination
of pregnancy based on her full pay, in addition to
the other applicable daily cash maternity benefits
that she should have received had her employment
not been illegally terminated.
Section 9. Maternity Leave Credits.— The
maternity leave can be credited as combinations of
prenatal and postnatal leave as long as it does not
exceed one hundred five (105) days and provided
that compulsory postnatal leave shall not be less
than sixty (60) days.
Section 10. Maternity Leave Benefits for Women in
the Informal Economy and Voluntary Contributors to
the SSS.— Maternity benefits shall cover all married
and unmarried women, including female workers in
the informal economy.
Female workers in the informal economy are
entitled to maternity leave benefits if they have
remitted to the SSS at least three (3) monthly
contributions in the .twelve (12)-month period
immediately preceding the semester of her
childbirth, miscarriage, or emergency termination
of pregnancy.
Section 11. Maternity Benefits for Female Workers
Who are Non-Members of the SSS.— Female workers
who are neither voluntary nor regular members of
the SSS shall be governed by the Philippine Health
Insurance Corporation (PhilHealth) Circular No.
022-2014 or the "Social Health Insurance Coverage
and Benefits for Women About to Give Birth".
Section 12. Maternity Leave of a Female Worker
With Pending Administrative Case. — The maternity
leave benefits granted under this Act shall be
enjoyed by a female worker in the government
service and in the private sector even if she has a
pending administrative case.
Section 13. Maternity Leave for Female National
Athletes.— In the event a national athlete becomes
pregnant, she will be referred to the team physician
or an accredited physician of the Philippine Sports
Commission (PSC) or an obstetrician-gynecologist
to determine her fitness to continue training. She
will be allowed to participate in all team-related
activities, unless the physician advises that
participation is not medically safe or should be
limited. Upon medical advice, she shall go on
maternity leave until cleared to return to training.
She shall continue receiving her allowance and be
entitled to the same benefits while on maternity
leave prior to childbirth and up to six (6) months
33
after, unless she can resume sooner as advised by
her physician, in which case, she will be entitled to
the allowance and benefits she had prior to
pregnancy: Provided, That a female national athlete
employed in the public sector shall not receive
double compensation or benefits.
Section 14. Non-Diminution of Benefits. - Nothing
in this Act shall be construed as to diminish
existing maternity benefits currently enjoyed
whether or not these are granted under collective
bargaining agreements (CBA) or present laws, if the
same are more beneficial to the female worker. Any
other working arrangement which the female
worker shall agree to, during the additional
maternity leave period, shall be
allowed: Provided, That this shall be consented to
in writing by the female worker and shall primarily
uphold her maternal functions and the
requirements of postnatal care.
Section 15. Security of Tenure. - Those who avail of
the benefits of this Act, whether in the government
service or private sector, shall be assured of
security of tenure. As such, the exercise of this
option by them shall not be used as basis for
demotion in employment or termination. The
transfer to a parallel position or reassignment from
one organizational unit to another in the same
agency or private enterprise shall be
allowed: Provided, That it shall not involve a
reduction in rank, status, salary, or otherwise
amount to constructive dismissal.1âwphi1
Section 16. Non-Discrimination. - No employer
whether in the public or private sector shall
discriminate against the employment of women in
order to avoid the benefits provided for in this Act.
GATCHALIAN v. URRUTIA
G.R. NO. 223595, MARCH 16, 2022
Mayor has jurisdiction to discipline the
Sangguniang Panglungsod employee (following the
principle that the power to remove is inherent in
the power to appoint). Gatchalian as mayor had the
power to issue a formal charge and a preventive
suspension order against Urrutia. Sec 455(b)(1)(x)
of LGC provides that the Mayor can cause to be
instituted administrative or judicial proceedings
against any official or employee of the city who may
have committed and offense in the performance of
his official duties. Sec 87 of LGC also empowers the
Chief Executive to impose appropriate penalty on
erring subordinate employees under her/his
jurisdiction.
Doctrine of implication in relation to Sec 456, LGC:
VM's power to appoint employees of the SP carries
with it the power to discipline the same employees
General rule re appointment and discipline: the
power to appoint carries with it the power to
discipline.
XPN: the power to discipline/remove is expressly
vested in another office or authority.
34
CSC Res. No. 01-0940 (Rules on Sexual
Harassment Cases)
Applies to government employees
Sec 7, Rule VI provides that the a Committee on
Decorum and Investigation (CODI) must be
constituted in all agencies with the original charter.
ESTACIO v. ESTACIO.
G.R. NO. 211851, SEPTEMBER 16, 2020.
Roberto Estacio (Roberto) and Ma. Victoria Estacio
(Victoria) have been married. They have three
children who were all adults at the time of the
controversy. Victoria filed before the Regional Trial
Court of Parañaque City a Petition seeking a
permanent protection order under Republic Act No.
9262, or the Anti-Violence Against Women and
Their Children Act of 2004. This came with an
urgent prayer for a temporary protection order. The
Regional Trial Court issued an ex-parte Temporary
Protection Order. Roberto appealed to the Court of
Appeals. While he did not oppose the Permanent
Protection Order, he questioned some of its terms,
such as the inclusion of his adult children. He
claimed that the term "children" only covers those
below 18 years old, or those incapable of taking
care of themselves, as defined under Section 3(h) of
Republic Act No. 9262.12 He also argued that the
directive that he should stay away from Victoria at
a distance of a two-kilometer radius was excessive.
It ruled that Section 8(d) of Republic Act No. 9262
does not only limit protection orders to women and
her children, but includes "any designated family or
household member" as well. Here, petitioner's
intent to intimidate and dominate respondent is
readily seen. Back when they still cohabited,
petitioner would verbally and physically abuse
respondent in front of their children. His threats to
kill her were so real that even their children advised
her to leave the conjugal home because they feared
for her life. When he no longer had contact with
her, petitioner resorted to using their children as
pawns. He would use this passive-aggressive
behavior to assert his perceived dominance over
respondent when he could not get what he wanted.
All of these can be characterized as psychological
violence committed against respondent, which have
disrupted respondent's life. Thus, whether
petitioner committed acts of violence directly
against his children is beside the point. That the
children were exploited so that he could indirectly
harass respondent is sufficient basis for their
inclusion in the stay-away directive. To begin with,
petitioner himself dragged their children in the
controversy. With the stay-away directive, petitioner
can no longer use their children to inflict violence
on respondent. A stay-away directive in a protection
order may cover members of the household,
including a couple's common children, if it is shown
that the offender commits violence against the
victim through the household members.
PAVLOW v. MENDENILLA
G.R. NO. 181489, APRIL 19, 2017
The mother of a victim of acts of violence against
women and their children is expressly given
35
personality by Section 9(b) of Republic Act No.
9262, otherwise known as the Anti-Violence Against
Women and Their Children Act of 2004 (the Anti-
VAWC Law), to file a civil action petitioning for the
issuance of a protection order for her child. In filing
such a petition, she avails of a remedy that is
distinct from the criminal action under Section 5 of
the same law. The mere filing of such a criminal
complaint, without the subsequent filing of an
information in court, does not occasion litis
pendentia or res judicata that precludes the filing of
a petition for the issuance of a protection order.
c. Fathers
R.A. No. 8187 (Paternity Leave Act of 1996)
SEC. 2. Notwithstanding any law, rules and
regulations to the contrary, every married male
employee in the private and public sectors shall be
entitled to a paternity leave of seven (7) days with
full pay for the first four (4) deliveries of the
legitimate spouse with whom he is cohabiting. The
male employee applying for paternity leave shall
notify his employer of the pregnancy of his
legitimate spouse and the expected date of such
delivery.
For purposes of this Act, delivery shall include
childbirth or any miscarriage.
SEC. 3. Definition of Term. – For purposes of this
Act, Paternity Leave refers to the benefits granted to
a married male employee allowing him not to report
for work for seven (7) days but continues to earn
the compensation therefor, on the condition that
his spouse has delivered a child or suffered a
miscarriage for purposes of enabling him to
effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born
child.
Sec. 6, R.A. No. 11210 ("105-Day Expanded
Maternity Leave Law".)
Section 6. Allocation of Maternity Leave Credits.—
Any female worker entitled to maternity leave
benefits as provided for herein may, at her option,
allocate up to seven (7) days of said benefits to
the child’s father, whether or not the same is
married to the female worker: Provided, That in the
death, absence, or incapacity of the former, the
benefit may be allocated to an alternate caregiver
who may be a relative within the fourth degree of
consanguinity or the current partner of the female
worker sharing the same household, upon the
election of the mother taking into account the best
interests of the child: Provided, further, That written
notice thereof is provided to the employers of the
female worker and alternate
caregiver: Provided, furthermore, That this benefit
is over and above that which is provided under
Republic Act No. 8187, or the "Paternity Leave Act
of 1996": Provided, finally, That in the event the
36
beneficiary female worker dies or is permanently
incapacitated, the balance of her maternity leave
benefits shall accrue to the father of the child or to
a qualified caregiver as provided above.
d. Solo Parents
Sec. 3(b), (c), (e); Sec. 4; Sec. 7-8, Sec. 15(c), (d),
Sec. 16, Sec. 22, R.A. No. 8972, as amended by
R.A. No. 118611 (Solo Parents' Welfare Act of
2000.)
Section 3. Definition of Terms.
(b) "Children" - refer to those living with and
dependent upon the solo parent for support who
are unmarried, unemployed and not more than
eighteen (18) years of age, or even over eighteen (18)
years but are incapable of self-support because of
mental and/or physical defect/disability.
(c) "Parental responsibility" - with respect to their
minor children shall refer to the rights and duties of
the parents as defined in Article 220 of Executive
Order No. 209, as amended, otherwise known as
the "Family Code of the Philippines."
(e) "Flexible work schedule" - is the right granted to
a solo parent employee to vary his/her arrival and
departure time without affecting the core work
hours as defined by the employer.
Section 4. Criteria for Support. - Any solo parent
whose income in the place of domicile falls below
the poverty threshold as set by the National
Economic and Development Authority (NEDA) and
subject to the assessment of the DSWD worker in
the area shall be eligible for assistance: Provided,
however, That any solo parent whose income is
above the poverty threshold shall enjoy the benefits
mentioned in Sections 6, 7 and 8 of this Act.
Section 7. Work Discrimination. - No employer shall
discriminate against any solo parent employee with
respect to terms and conditions of employment on
account of his/her status.
Section 8. Parental Leave. - In addition to leave
privileges under existing laws, parental leave of not
more than seven (7) working days every year shall
be granted to any solo parent employee who has
rendered service of at least one (1) year.
Sec 15 & 16: Separability and repealing clause
Sec. 3, R.A. No. 11210 (105-Day Expanded
Maternity Leave Law)
Section 3. Grant of Maternity Leave.— All covered
female workers in government and the private
sector, including those in the informal economy,
regardless of civil status or the legitimacy of her
child, shall be granted one hundred five (105) days
maternity leave with full pay and an option to
extend for an additional thirty (30) days without
37
pay: Provided, That in case the worker qualifies as a
solo parent under Republic Act No. 8972, or the
"Solo Parents’ Welfare Act", the worker shall be
granted an additional fifteen (15) days maternity
leave with full pay.
Enjoyment of maternity leave cannot be deferred
but should be availed of either before or after the
actual period of delivery in a continuous and
uninterrupted manner, not exceeding one hundred
five (105) days, as the case may be.
Maternity leave shall be granted to female workers
in every instance of pregnancy, miscarriage or
emergency termination of pregnancy, regardless of
frequency: Provided, That for cases of miscarriage
or emergency termination of pregnancy, sixty (60)
days maternity leave with full pay shall be granted.
e. Night Workers
Book Three, Title III, Chapter V, Labor Code, as
amended by R.A. No. 10151 (night workers)
Title III
WORKING CONDITIONS FOR
SPECIAL GROUPS OF EMPLOYEES
Chapter I
EMPLOYMENT OF WOMEN
Article 130. Nightwork prohibition. No woman,
regardless of age, shall be employed or permitted or
suffered to work, with or without compensation:
In any industrial undertaking or branch thereof
between ten o’clock at night and six o’clock in the
morning of the following day; or
In any commercial or non-industrial undertaking or
branch thereof, other than agricultural, between
midnight and six o’clock in the morning of the
following day; or
In any agricultural undertaking at nighttime unless
she is given a period of rest of not less than nine (9)
consecutive hours.
Article 131. Exceptions. The prohibitions
prescribed by the preceding Article shall not apply
in any of the following cases:
In cases of actual or impending emergencies caused
by serious accident, fire, flood, typhoon,
earthquake, epidemic or other disasters or
calamity, to prevent loss of life or property, or in
cases of force majeure or imminent danger to public
safety;
In case of urgent work to be performed on
machineries, equipment or installation, to avoid
serious loss which the employer would otherwise
suffer;
38
Where the work is necessary to prevent serious loss
of perishable goods;
Where the woman employee holds a responsible
position of managerial or technical nature, or where
the woman employee has been engaged to provide
health and welfare services;
Where the nature of the work requires the manual
skill and dexterity of women workers and the same
cannot be performed with equal efficiency by male
workers;
Where the women employees are immediate
members of the family operating the establishment
or undertaking; and
Under other analogous cases exempted by the
Secretary of Labor and Employment in appropriate
regulations.
f. Aged Workers
R.A. No. 10911 (Anti-Age Discrimination in
Employment Ac);
Section 4. Coverage. - The provisions of this Act
shall apply to all employers, labor contractors or
subcontractors, if any, and labor organizations.
Section 5. Prohibition of Discrimination in
Employment on Account of Age -
 (a) It shall be unlawful for an employer to:
(1) Print or publish, or cause to be
printed or published, in any form of
media, including the internet, any
notice of advertisement relating to
employment suggesting preferences,
limitations, specifications, and
discrimination based on age;
(2) Require the declaration of age or
birth date during the application
process;
(3) Decline any employment application
because of the individual’s age;
(4) Discriminate against an individual
in terms of compensation, terms and
conditions or privileges of employment
on account of such individual’s age;
(5) Deny any employee’s or worker’s
promotion or opportunity for training
because of age;
(6) Forcibly lay off an employee or
worker because of old age; or
(7) Impose early retirement on the basis
of such employee’s or worker’s age.
39
(b) It shall be unlawful for a labor contractor
or subcontractor, if any, to refuse to refer for
employment or otherwise discriminate
against any individual because of such
person’s age.
(c) It shall be unlawful for a labor
organization to:
(1) Deny membership to any individual
because of such individual’s age;
(2) Exclude from its membership any
individual because of such individual’s
age; or
(3) Cause or attempt to cause an
employer to discriminate against an
individual in violation of this Act.
(d) It shall be unlawful for a publisher to print
or publish any notice of advertisement
relating to employment suggesting
preferences, limitations, specifications, and
discrimination based on age.
Section 6. Exceptions. - It shall not be unlawful for
an employer to set age limitations in employment if:
(a) Age is a bona fide occupational
qualification reasonably necessary in the
normal operation of a particular business or
 where the differentiation is based on DOLE Department Order No. 170-17 (aged
reasonable factors other than age; workers)

(b) The intent is to observe the terms of a

bona fide seniority system that is not
intended to evade the purpose of this Act;

(c) The intent is to observe the terms of a

bona fide employee retirement or a voluntary
early retirement plan consistent with the
purpose of this Act: Provided, That such
retirement or voluntary retirement plan is in
accordance with the Labor Code, as
amended, and other related laws; or

(d) The action is duly certified by the

Secretary of Labor and Employment in
accordance with the purpose of this Act.

40

g. Kasambahay
Sec. 4(d), (f), (h); Secs. 5, 7-11, 13-17, Article IV,
V, VII, R.A. No. 10361 (kasambahay)
Section 4. Definition of Terms. – As used in this
Act, the term:
(d) Domestic worker or "Kasambahay" refers to any
person engaged in domestic work within an
employment relationship such as, but not limited
to, the following: general househelp, nursemaid or
"yaya", cook, gardener, or laundry person, but shall
exclude any person who performs domestic work
only occasionally or sporadically and not on an
occupational basis.
41
(f) Household refers to the immediate members of
the family or the occupants of the house that are
directly provided services by the domestic worker.
(h) Working children, as used under this Act, refers
to domestic workers who are fifteen (15) years old
and above but below eighteen (18) years old.
ARTICLE II
RIGHTS AND PRIVILEGES
Section 5. Standard of Treatment. – The employer
or any member of the household shall not subject a
domestic worker or "kasambahay" to any kind of
abuse nor inflict any form of physical violence or
harassment or any act tending to degrade the
dignity of a domestic worker.
Section 7. Guarantee of Privacy. – Respect for the
privacy of the domestic worker shall be guaranteed
at all times and shall extend to all forms of
communication and personal effects. This
guarantee equally recognizes that the domestic
worker is obliged to render satisfactory service at all
times.
Section 8. Access to Outside Communication. – The
employer shall grant the domestic worker access to
outside communication during free
time: Provided, That in case of emergency, access
to communication shall be granted even during
work time. Should the domestic worker make use of
the employer’s telephone or other communication
facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the
employer.
Section 9. Right to Education and Training. – The
employer shall afford the domestic worker the
opportunity to finish basic education and may allow
access to alternative learning systems and, as far as
practicable, higher education or technical and
vocational training. The employer shall adjust the
work schedule of the domestic worker to allow such
access to education or training without hampering
the services required by the employer.
Section 10. Prohibition Against Privileged
Information. – All communication and information
pertaining to the employer or members of the
household shall be treated as privileged and
confidential, and shall not be publicly disclosed by
the domestic worker during and after employment.
Such privileged information shall be inadmissible in
evidence except when the suit involves the employer
or any member of the household in a crime against
persons, property, personal liberty and security,
and chastity.
ARTICLE III
PRE-EMPLOYMENT
Section 11. Employment Contract. – An
employment contract shall be executed by and
between the domestic worker and the employer
42
before the commencement of the service in a
language or dialect understood by both the
domestic worker and the employer. The domestic
worker shall be provided a copy of the duly signed
employment contract which must include the
following:
(a) Duties and responsibilities of the domestic
worker;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate
additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if
any;
(i) Loan agreement;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by
both parties.
The Department of Labor and Employment (DOLE)
shall develop a model employment contract for
domestic workers which shall, at all times, be made
available free of charge to domestic workers,
employers, representative organizations and the
general public. The DOLE shall widely disseminate
information to domestic workers and employers on
the use of such model employment contract.
In cases where the employment of the domestic
worker is facilitated through a private employment
agency, the PEA shall keep a copy of all
employment contracts of domestic workers and
shall be made available for verification and
inspection by the DOLE.
Section 13. Recruitment and Finder’s Fees.
– Regardless of whether the domestic worker was
hired through a private employment agency or a
third party, no share in the recruitment or finder’s
fees shall be charged against the domestic worker
by the said private employment agency or third
party.
Section 14. Deposits for Loss or Damage. – It shall
be unlawful for the employer or any other person to
require a domestic worker to make deposits from
which deductions shall be made for the
reimbursement of loss or damage to tools,
materials, furniture and equipment in the
household.
43
Section 15. Prohibition on Debt Bondage. – It shall
be unlawful for the employer or any person acting
on behalf of the employer to place the domestic
worker under debt bondage.
Section 16. Employment Age of Domestic Workers.
– It shall be unlawful to employ any person below
fifteen (15) years of age as a domestic worker.
Employment of working children, as defined under
this Act, shall be subject to the provisionsof Section
10(A), paragraph 2 of Section 12-A, paragraph 4 of
Section 12-D, and Section 13 of Republic Act No.
7610, as amended, otherwise known as the "Special
Protection of Children Against Child Abuse,
Exploitation and Discrimination Act".
Working children shall be entitled to minimum
wage, and all benefits provided under this Act.
Any employer who has been sentenced by a court of
law of any offense against a working child under
this Act shall be meted out with a penalty one
degree higher and shall be prohibited from hiring a
working child.
Section 17. Employer’s Reportorial Duties. – The
employers shall register all domestic workers under
their employment in the Registry of Domestic
Workers in the barangay where the employer’s
residence is located. The Department of the Interior
and Local Government (DILG) shall, in coordination
with the DOLE, formulate a registration system for
this purpose.
 ARTICLE IV
EMPLOYMENT – TERMS AND CONDITIONS
Section 19. Health and Safety. – The employer
shall safeguard the health and safety of the
domestic worker in accordance with laws, rules and
regulations, with due consideration of the peculiar
nature of domestic work.
Section 20. Daily Rest Period. – The domestic
worker shall be entitled to an aggregate daily rest
period of eight (8) hours per day.
Section 21. Weekly Rest Period. – The domestic
worker shall be entitled to at least twenty-four (24)
consecutive hours of rest in a week. The employer
and the domestic worker shall agree in writing on
the schedule of the weekly rest day of the domestic
worker: Provided, That the employer shall respect
the preference of the domestic worker as to the
weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall
deprive the domestic worker and the employer from
agreeing to the following:
(a) Offsetting a day of absence with a
particular rest day;
(b) Waiving a particular rest day in return for
an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five
(5) days; or
44
(d) Other similar arrangements.
Section 22. Assignment to Nonhousehold Work. –
No domestic worker shall be assigned to work in a
commercial, industrial or agricultural enterprise at
a wage rate lower than that provided for
agricultural or nonagricultural workers. In such
cases, the domestic worker shall be paid the
applicable minimum wage.
Section 23. Extent of Duty. – The domestic worker
and the employer may mutually agree for the
former to temporarily perform a task that is outside
the latter’s household for the benefit of another
household. However, any liability that will be
incurred by the domestic worker on account of
such arrangement shall be borne by the original
employer. In addition, such work performed outside
the household shall entitle the domestic worker to
an additional payment of not less than the existing
minimum wage rate of a domestic worker. It shall
be unlawful for the original employer to charge any
amount from the said household where the service
of the domestic worker was temporarily performed.
Section 24. Minimum Wage. – The minimum wage
of domestic workers shall not be less than the
following:
(a) Two thousand five hundred pesos
(P2,500.00) a month for those employed in
the National Capital Region (NCR);
 (b) Two thousand pesos (P2,000.00) a month
for those employed in chartered cities and
first class municipalities; and
(c) One thousand five hundred pesos
(P1,500.00) a month for those employed
mother municipalities.
After one (1) year from the effectivity of this Act, and
periodically thereafter, the Regional Tripartite and
Productivity Wage Boards (RTPWBs) shall review,
and if proper, determine and adjust the minimum
wage rates of domestic workers.
Section 25. Payment of Wages. – Payment of
wages shall be made on time directly to the
domestic worker to whom they are due in cash at
least once a month. The employer, unless allowed
by the domestic worker through a written consent,
shall make no deductions from the wages other
than that which is mandated by law. No employer
shall pay the wages of a domestic worker by means
of promissory notes, vouchers, coupons, tokens,
tickets, chits, or any object other than the cash
wage as provided for under this Act.
The domestic worker is entitled to a thirteenth
month pay as provided for by law.
Section 26. Pay Slip. – The employer shall at all
times provide the domestic worker with a copy of
the pay slip containing the amount paid in cash
every pay day, and indicating all deductions made,
45
if any. The copies of the pay slip shall be kept by
the employer for a period of three (3) years.
Section 27. Prohibition on Interference in the
Disposal of Wages. – It shall be unlawful for the
employer to interfere with the freedom of any
domestic worker to dispose of the latter’s wages.
The employer shall not force, compel or oblige the
domestic worker to purchase merchandise,
commodities or other properties from the employer
or from any other person, or otherwise make use of
any store or services of such employer or any other
person.
Section 28. Prohibition Against Withholding of
Wages. – It shall be unlawful for an employer,
directly or indirectly, to withhold the wages of the
domestic worker. If the domestic worker leaves
without any justifiable reason, any unpaid salary
for a period not exceeding fifteen (15) days shall be
forfeited. Likewise, the employer shall not induce
the domestic worker to give up any part of the
wages by force, stealth, intimidation, threat or by
any other means whatsoever.
Section 29. Leave Benefits. – A domestic worker
who has rendered at least one (1) year of service
shall be entitled to an annual service incentive
leave of five (5) days with pay: Provided, That any
unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years.
Unused leaves shall not be convertible to cash.
Section 30. Social and Other Benefits. – A
domestic worker who has rendered at least one (1)
month of service shall be covered by the Social
Security System (SSS), the Philippine Health
Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall
be entitled to all the benefits in accordance with the
pertinent provisions provided by law.
Premium payments or contributions shall be
shouldered by the employer. However, if the
domestic worker is receiving a wage of Five
thousand pesos (P5,000.00) and above per month,
the domestic worker shall pay the proportionate
share in the premium payments or contributions,
as provided by law.
The domestic worker shall be entitled to all other
benefits under existing laws.
Section 31. Rescue and Rehabilitation of Abused
Domestic Workers. – Any abused or exploited
domestic worker shall be immediately rescued by a
municipal or city social welfare officer or a social
welfare officer from the Department of Social
Welfare and Development (DSWD) in coordination
with the concerned barangay officials. The DSWD
and the DILG shall develop a standard operating
procedure for the rescue and rehabilitation of
abused domestic workers, and in coordination with
the DOLE, for possible subsequent job placement.
46
ARTICLE V
POST EMPLOYMENT
Section 32. Termination of Service. – Neither the
domestic worker nor the employer may terminate
the contract before the expiration of the term except
for grounds provided for in Sections 33 and 34 of
this Act. If the domestic worker is unjustly
dismissed, the domestic worker shall be paid the
compensation already earned plus the equivalent of
fifteen (15) days work by way of indemnity. If the
domestic worker leaves without justifiable reason,
any unpaid salary due not exceeding the equivalent
fifteen (15) days work shall be forfeited. In addition,
the employer may recover from the domestic worker
costs incurred related to the deployment expenses,
if any: Provided, That the service has been
terminated within six (6) months from the domestic
worker’s employment.
If the duration of the domestic service is not
determined either in stipulation or by the nature of
the service, the employer or the domestic worker
may give notice to end the working relationship five
(5) days before the intended termination of the
service.
The domestic worker and the employer may
mutually agree upon written notice to pre-terminate
the contract of employment to end the employment
relationship.
Section 33. Termination Initiated by the Domestic
Worker. – The domestic worker may terminate the
employment relationship at any time before the
expiration of the contract for any of the following
causes:
(a) Verbal or emotional abuse of the domestic
worker by the employer or any member of the
household;
(b) Inhuman treatment including physical
abuse of the domestic worker by the employer
or any member of the household;
(c) Commission of a crime or offense against
the domestic worker by the employer or any
member of the household;
(d) Violation by the employer of the terms and
conditions of the employment contract and
other standards set forth under this law;
(e) Any disease prejudicial to the health of the
domestic worker, the employer, or member/s
of the household; and
(f) Other causes analogous to the foregoing.
Section 34. Termination Initiated by the
Employer. – An employer may terminate the
services of the domestic worker at any time before
the expiration of the contract, for any of the
following causes:
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(a) Misconduct or willful disobedience by the
domestic worker of the lawful order of the
employer in connection with the former’s
work;
(b) Gross or habitual neglect or inefficiency by
the domestic worker in the performance of
duties;
(c) Fraud or willful breach of the trust
reposed by the employer on the domestic
worker;
(d) Commission of a crime or offense by the
domestic worker against the person of the
employer or any immediate member of the
employer’s family;
(e) Violation by the domestic worker of the
terms and conditions of the employment
contract and other standards set forth under
this law;
(f) Any disease prejudicial to the health of the
domestic worker, the employer, or member/s
of the household; and
(g) Other causes analogous to the foregoing.
Section 35. Employment Certification. – Upon the
severance of the employment relationship, the
employer shall issue the domestic worker within
five (5) days from request a certificate of
employment indicating the nature, duration of the
service and work performance.
ARTICLE VII
SETTLEMENT OF DISPUTES
Section 37. Mechanism for Settlement of Disputes.
– All labor-related disputes shall be elevated to the
DOLE Regional Office having jurisdiction over the
workplace without prejudice to the filing of a civil or
criminal action in appropriate cases. The DOLE
Regional Office shall exhaust all conciliation and
mediation efforts before a decision shall be
rendered.
Ordinary crimes or offenses committed under the
Revised Penal Code and other special penal laws by
either party shall be filed with the regular courts.
h. Persons in the Personal Service of Another
Articles 1689, 1697 and 1699, Civil Code
(Persons in the personal service of another)
Article 1689. Household service shall always be
reasonably compensated. Any stipulation that
household service is without compensation shall be
void. Such compensation shall be in addition to the
house helper's lodging, food, and medical
attendance.
48
Article 1697. If the period for household service is
fixed neither the head of the family nor the house
helper may terminate the contract before the
expiration of the term, except for a just cause. If the
house helper is unjustly dismissed, he shall be paid
the compensation already earned plus that for
fifteen days by way of indemnity. If the house
helper leaves without justifiable reason, he shall
forfeit any salary due him and unpaid, for not
exceeding fifteen days.
Article 1699. Upon the extinguishment of the
service relation, the house helper may demand from
the head of the family a written statement on the
nature and duration of the service and the
efficiency and conduct of the house helper.
CELIA R. ATIENZA v. SALUTA
G.R. No. 233413, June 17, 2019
Respondent Noel Saluta was the driver of the
petitioner; The Civil Code shall govern the rights of
family drivers as there is no employer-employee
relation but mere contractual.
i. Student Assistants; Resident Physicians
Sections 14-15, Rule X, Omnibus Rules
Implementing the Labor Code (Omnibus Rules)
[Student Assistants; Resident Physicians]
SECTION 14. Working scholars. — There is no
employer-employee relationship between students
on one hand, and schools, colleges or universities
on the other, where there is written agreement
between them under which the former agree to
work for the latter in exchange for the privilege to
study free of charge, provided the students are
given real opportunities, including such facilities as
may be reasonable and necessary to finish their
chosen courses under such agreement.
SECTION 15. Resident physicians in training. —
There is employer-employee relationship between
resident physicians and the training hospital
unless:
(1) There is a training agreement between them;
and
(2) The training program is duly accredited or
approved by the appropriate government agency.
Nothing herein shall sanction the diminution or
withdrawal of any existing allowances, benefits and
facilities being enjoyed by training resident
physicians at the time of the effectivity of this Rule.

j. Delivery Riders

Labor Advisory No. 14-21 (Delivery Riders)

Working Conditions of Delivery Riders in Food
Delivery and Courier Activities

49
 k. Construction Workers

DOLE Department Order No. 19, series of 1993

(Construction workers)

50
CARPIO v. MODAIR MANILA CO. LTD.
G.R. NO. 239622, JUNE 21, 2021.
Thus, synthesizing all the discussed jurisprudence
relative to construction workers, and to obviate
further confusion regarding the nature of
employment for workers in the construction
industry, the Court articulates the following
principles for the guidance of workers, employers,
labor tribunals, the bench, bar, and public:
First, a worker is presumed a regular employee,
unless the employer establishes that (1) the
employee was hired under a contract specifying
that the employment will last only for a specific
undertaking, the termination of which is
determined at the time of engagement; (2) there was
indeed a project undertaken; and (3) the parties
bargained on equal terms, with no vices of consent.
employer. Conversely, project-based employment
will not ripen into regularity if the construction
worker was truly engaged as a project-based
employee, and between each successive project, the
employer made no manifestations of any intent to
treat the worker as a continuing resource for the
main business.
Fourth, regularized construction workers are
subject to the "no work, no pay" principle, such
that the employer is not obligated to pay them a
salary when "on leave." In case of an oversupply of
regularized construction workers, then the
employer can exercise management prerogative to
decide whom to engage for the limited projects and
whom to consider as still "on leave."

Second, if considered a regular employee at the

outset, security of tenure already attaches, and the
subsequent execution of project employment
contracts cannot undermine such security, but will
simply be considered a continuation in the regular
engagement of such employee.

Third, even if initially engaged as a project

employee, such nature of employment may ripen
into regular status if (1) there is a continuous
rehiring of project employees even after cessation of
a project; and (2) the tasks performed by the alleged
"project employee” are vital, necessary and
indispensable to the usual business or trade of the

51
 l. Security Guards

DOLE Department Order No. 150-16 (Security

Guards) Revised Guidelines Governing the
Employment and Working Conditions of Security
Guards and other Private Security Personnel in the
Private Security Industry

m. Debt Collectors

DOLE Department Order No. 155-16 (Debt

Collectors) Rules and Regulations Governing the
Employment and Working Conditions of Collectors
in the Debt Collection Industry

52

n. Drivers and Conductors
DOLE Department Order No. 118-12 (Drivers and
Conductors) RULES AND REGULATIONS
GOVERNING THE EMPLOYMENT AND WORKING
CONDITIONS OF DRIVERS AND CONDUCTORS IN
THE PUBLIC UTILITY BUS TRANSPORT INDUSTRY
SECTION 1. Employment Agreement for Drivers
and Conductors. – There shall be an agreement in
writing between the public utility bus
owner/operator and the public utility bus driver
53
and/or conductor, which shall include the following
terms:
a)     Driver or conductor’s full name, date of birth
or age, address, civil status, and SSS ID no.;
b)     Public Utility Bus owner’s/operator’s name
and address;
c)     Place where and date when the employment
agreement is entered into;
d)     Amount of the driver’s or conductor’s fixed
wage and formula used for calculating the
performance based compensation in accordance
with Rule III (Compensation), as provided
hereunder;
e)     Hours of work;
f)      Wages and wage-related benefits such as
overtime pay, holiday pay, premium pay,
13th month pay and leaves;
g)     Social security and welfare benefits; h)
Separation or retirement pay; and
h)     Other benefits under existing laws.
The public utility bus owner/operator shall provide
the public utility bus driver/conductor the signed
and notarized original copy of the agreement.
SECTION 4. Right to Security of Tenure.
– Drivers and conductors shall enjoy security of
tenure in their employment as provided by law.
Their employment can only be terminated for just
or authorized causes pursuant to the provisions of
the Labor Code, as amended.
SECTION 5. Observance of Required Standards
of Due Process; Requirements of Notice. – In all
cases of termination of employment, the standards
of due process laid down in the Labor Code, as
amended, and settled jurisprudence on the matter,
must be observed. Thus, the following is hereby set
out to clarify the standards of due process that
must be observed:
a)  For termination of employment based on just
causes as defined in the Code, the requirement of
two written notices served on the employee shall
observe the following:
 1.The first written notice should contain:
1.1  The specific causes or grounds for termination;
1.2  Detailed narration of die facts and
circumstances that will serve as basis for the
charge against the employee. A general description
of me charge will not suffice;
1.3  The company rule, if any, that is violated
and/or the ground mat is being charged against the
employee; and
54
1.4  A directive that the employee is given
opportunity to submit a written explanation within
a reasonable period.
“Reasonable period” should be construed as a
period of at least five (5) calendar days from receipt
of the notice to give the employee an opportunity to
study die accusation, consult a union official or
lawyer, gather data and evidence, and decide on die
defenses against the complaint.
 2.After serving the first notice, the employer should
afford the employee ample opportunity to be heard
and to defend himself/herself with the assistance of
his/her representative if he/she so desires, as
provided in Article 277(b) of the Labor Code, as
amended.
“Ample opportunity to be heard” means any
meaningful opportunity (verbal or written) given to
the employee to answer the charges against
him/her and submit evidence in support of his/her
defense, whether in a hearing, conference or some
other fair, just and reasonable way. A formal
hearing or conference becomes mandatory only
when requested by the employee in writing or
substantial evidentiary disputes exist or a company
rule or practice requires it, or when similar
circumstances justify it.
 3.After determining that termination of
employment is justified, the employer contractor
shall serve the employee a written notice of
termination indicating mat: (1) all circumstances
involving the charge against the employees have
been considered; and (2) the grounds have been
established to justify the severance of their
employment.
The foregoing notices shall be served on the
employee’s last known address.
b)  For termination of employment based on
authorized causes defined in Article 283 of the
Labor Code, the requirement of due process shall
be deemed complied with upon service of a written
notice to the employee and me appropriate regional
office of the Department of Labor and Employment
at least thirty days before the effectivity of the
termination, specifying the ground or grounds for
termination.
c) If the termination is brought about by me
completion of me contract or phase thereof, no prior
notice is required. If the termination is brought
about by the failure of a probationary employee to
meet die reasonable standards of die employer,
which was made known to the employee at the time
of his/her employment, it shall be sufficient that a
written notice is served upon the employee within a
reasonable time prior to the expiration of the
probationary period.
V. STANDARD WORKING CONDITIONS
55
a. Coverage; Exclusions
Arts. 82-90, Labor Code
BOOK THREE
CONDITIONS OF EMPLOYMENT
Title I
WORKING CONDITIONS AND REST PERIODS
Chapter I
HOURS OF WORK
Article 82. Coverage. The provisions of this Title
shall apply to employees in all establishments and
undertakings whether for profit or not, but not to
government employees, managerial employees, field
personnel, members of the family of the employer
who are dependent on him for support, domestic
helpers, persons in the personal service of another,
and workers who are paid by results as determined
by the Secretary of Labor in appropriate
regulations.
As used herein, "managerial employees" refer to
those whose primary duty consists of the
management of the establishment in which they are
employed or of a department or subdivision thereof,
and to other officers or members of the managerial
staff.
"Field personnel" shall refer to non-agricultural
employees who regularly perform their duties away
from the principal place of business or branch office
of the employer and whose actual hours of work in
the field cannot be determined with reasonable
certainty.
Article 83. Normal hours of work. The normal
hours of work of any employee shall not exceed
eight (8) hours a day.
Health personnel in cities and municipalities with a
population of at least one million (1,000,000) or in
hospitals and clinics with a bed capacity of at least
one hundred (100) shall hold regular office hours
for eight (8) hours a day, for five (5) days a week,
exclusive of time for meals, except where the
exigencies of the service require that such
personnel work for six (6) days or forty-eight (48)
hours, in which case, they shall be entitled to an
additional compensation of at least thirty percent
(30%) of their regular wage for work on the sixth
day. For purposes of this Article, "health personnel"
shall include resident physicians, nurses,
nutritionists, dietitians, pharmacists, social
workers, laboratory technicians, paramedical
technicians, psychologists, midwives, attendants
and all other hospital or clinic personnel.
Article 84. Hours worked. Hours worked shall
include (a) all time during which an employee is
required to be on duty or to be at a prescribed
workplace; and (b) all time during which an
employee is suffered or permitted to work.
56
Rest periods of short duration during working
hours shall be counted as hours worked.
Article 85. Meal periods. Subject to such
regulations as the Secretary of Labor may
prescribe, it shall be the duty of every employer to
give his employees not less than sixty (60) minutes
time-off for their regular meals.
Article 86. Night shift differential. Every employee
shall be paid a night shift differential of not less
than ten percent (10%) of his regular wage for each
hour of work performed between ten o’clock in the
evening and six o’clock in the morning.
Article 87. Overtime work. Work may be performed
beyond eight (8) hours a day provided that the
employee is paid for the overtime work, an
additional compensation equivalent to his regular
wage plus at least twenty-five percent (25%) thereof.
Work performed beyond eight hours on a holiday or
rest day shall be paid an additional compensation
equivalent to the rate of the first eight hours on a
holiday or rest day plus at least thirty percent (30%)
thereof.
Article 88. Undertime not offset by
overtime. Undertime work on any particular day
shall not be offset by overtime work on any other
day. Permission given to the employee to go on
leave on some other day of the week shall not
exempt the employer from paying the additional
compensation required in this Chapter.
Article 89. Emergency overtime work. Any
employee may be required by the employer to
perform overtime work in any of the following cases:
When the country is at war or when any other
national or local emergency has been declared by
the National Assembly or the Chief Executive;
When it is necessary to prevent loss of life or
property or in case of imminent danger to public
safety due to an actual or impending emergency in
the locality caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic, or other disaster or
calamity;
When there is urgent work to be performed on
machines, installations, or equipment, in order to
avoid serious loss or damage to the employer or
some other cause of similar nature;
When the work is necessary to prevent loss or
damage to perishable goods; and
Where the completion or continuation of the work
started before the eighth hour is necessary to
prevent serious obstruction or prejudice to the
business or operations of the employer.
Any employee required to render overtime work
under this Article shall be paid the additional
compensation required in this Chapter.
57
Article 90. Computation of additional
compensation. For purposes of computing overtime
and other additional remuneration as required by
this Chapter, the "regular wage" of an employee
shall include the cash wage only, without deduction
on account of facilities provided by the employer.
Title I, Book III, Rule I, Sec. 2(b) and (c),
Omnibus Rules
SECTION 2. Exemption. — The provisions of this
Rule shall not apply to the following persons if they
qualify for exemption under the conditions set forth
herein:
(b) Managerial employees, if they meet all of the
following conditions:
1) Their primary duty consists of the
management of the establishment in which
they are employed or of a department or sub-
division thereof.
2) They customarily and regularly direct the
work of two or more employees therein.
3) They have the authority to hire or fire
employees of lower rank; or their suggestions
and recommendations as to hiring and firing
and as to the promotion or any other change
of status of other employees, are given
particular weight.
c) Officers or members of a managerial staff if they
perform the following duties and responsibilities:
 1) The primary duty consists of the performance ECHO 2000 COMMERCIAL CORPORATION v.
of work directly related to management OBRERO FILIPINO-ECHO 2000 CHAPTER-CLO,
policies of their employer; G.R. NO. 214092, JANUARY 11, 2016
2) Customarily and regularly exercise discretion
and independent judgment; and 3. Field Personnel
3) (i) Regularly and directly assist a proprietor or
a managerial employee whose primary duty DOLE Department Order No. 196, series of 2018
consists of the management of the Amending Section I, Rule V and Section 1, Rule VI
establishment in which he is employed or of Department Order No. 156-16.
subdivision thereof; or (ii) execute under
general supervision work along specialized or
technical lines requiring special training,
experience, or knowledge; or (iii) execute,
under general supervision, special
assignments and tasks; and
4) Who do not devote more than 20 percent of
their hours worked in a work week to
activities which are not directly and closely
related to the performance of the work
described in paragraphs (1), (2) and (3) above.

1. Government Employees

2. Managerial Employees

RAMIL v. STONELEAF, INC.

G.R. NO. 222416, JUNE 17, 2020
CLIENTLOGIC PHILIPPINES, INC. v. CASTRO,
G.R. NO. 186070, APRIL 11, 2011

58
DOLE Department Order No. 156, series of 2016
Rules and Regulations governing the Working and
Living Conditions of Fishers on board Fishing
Vessels engaged in Commercial Fishing Operation

59
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