Labor Standards

Labor Law Review

Earl Louie M. Masacayan, LL.M, DBA (cand.)
Coverage of Labor Standards

´ It applies to all establishments or undertakings, whether for

profit or not. (Art. 278, LC)
´ Exceptions:
´ Government Ees
´ Managerial Ees
´ Field personnel
´ The employers family members who depend on him for support
´ Domestic helpers and persons in the personal service of another, and
´ Workers who are paid by results as determined under DOLE
regulations
Government Employees

´Employees of the:
´National Government
´Any of its political subdivisions
´Including those employed in GOCCs with original
charters.
´Governed by Civil Service law, rules, and
regulations
Managerial Employees
´ Those whose primary duty consists of the management of the establishment in which they are
employed or a department or subdivision thereof, and other officers or members of the
managerial staff.
´ They must meet all of the ff. conditions, namely:
´ Primary duty: management of the establishment in which they are employed or of a department
or sub-division thereof;
´ Customarily or regularly direct the work of 2 or more Ees
´ Has the authority to hire or fire other Ees of lower rank; or their suggestions and
recommendations as to the hiring and firing and as to the promotion or any change of status of
other Ees are given particular weight.
´ Execute under general supervision work along specialized or technical lines requiring special
training, experience, or knowledge
´ Execute under general supervision special assignment and tasks; and
´ Do not devote more than 20% of their hours worked to activities which are not directly and
closely related to performance of the work described. (Art. 82[2] , LC)
´ Not covered by the Labor Standards because they are employed by reason of their special
training, expertise or knowledge and for positions requiring the exercise of discretion and
independent judgment. Value of work cannot be measured in terms of hours.
Field Personnel

´They are 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.
Domestic Workers
´Those who perform services in the Ers home
which are usually necessary or desirable for
the maintenance or enjoyment thereof or
minister to the personal comfort,
convenience or safety of the Er as well as the
members of his Ers household.
A house personnel was hired by a ranking company official to
maintain a staff house provided for the official. The personnel is
being paid by the company itself. Is the house personnel a
domestic servant of the company official?
No, the personnel is not a domestic helper but a regular
employee of the company.
Workers Paid by Results

´They are paid based on the work completed

and not on the time spent in working
including those who are paid on piece-work,
“takay”, “pakiaw”, or task basis if their
output rates are in accordance with the
standards prescribed.
Determination of Working Condition

´ Generally, they are determined by the employer, as he is usually

free to regulate, according to his discretion, all aspects of
employment.
´ It must be done in good faith and not for the purpose of defeating
or circumventing the rights of the employees. Such are not always
absolute and must be exercised with due regard to the rights of
labor.
´ One’s employment, profession, trade or calling is a property right
and the wrongful interference therewith is an actionable wrong.
Three Groups of Employees

´ Managerial Ee - One who is vested with the powers or

prerogatives to lay down and execute management policies
and/or to hire, transfer, suspend, lay-off, recall, discharge,
assign or discipline Ees.
´ Supervisory Ee - those who in the interest of the Er, effectively
recommend such managerial actions if the exercise of such
authority is not merely routinary or clerical in nature but
requires the use of independent judgment.
´ Rank-and-File Ee - all Ees not falling within any of the above
definitions. (Art. 212[m] , LC)
 Normal Hours of Work
´ The normal hours of work of any employee shall not exceed eight (8) hours a day. (Art. 83)
´ Except:
´ Compressed Work Week
´ Health Personnel
´ Normal hours of work may be shortened or compressed. Part time work is just as well not
prohibited. The law merely provides for the maximum number of hours and not the
minimum. Under Art. 124, as amended by R.A. 6727, wage proportionate to part-time
work is recognized.
´ Neither does it follow that a person who does not observe normal hours of work cannot be
deemed an employee. In Cosmopolitan Funeral Homes, Inc. vs. Maalat, the employer
similarly denied the existence of an employer-employee relationship, as the claimant
according to it, was a "supervisor on commission basis" who did not observe normal hours
of work. This Court declared that there was an employer-employee relationship, noting
that "[the] supervisor, although compensated on commission basis, [is] exempt from the
observance of normal hours of work for his compensation is measured by the number of
sales he makes." Lazaro vs. SSS (435 SCRA 472)
´ It is enacted not only to safeguard the health and welfare of the employee or laborer, but
also in a way to minimize unemployment by forcing employers, in cases where more than
8-hour operation is necessary, to utilize different shifts of laborers or employees working
only for 8 hours each.
Hours Worked

´All time during which an Ee is required to be:

´On duty, or
´At the Ers premises, or
´At a prescribed workplace
´All time during which an Ee is suffered or
permitted to work. (Sec. 3, Rule I, Book III, IRR)
Principle of Determining Hours Worked
´ All hours which the Ee is required to give to his Er regardless of whether or not
such hours are spent in productive labor or involve physical or mental exertion.
´ Rest period is excluded from hours worked, even if Ee does not leave his
workplace, it being enough that:
´ He stops working
´ May rest completely
´ May leave his workplace, to go elsewhere, whether within or outside the
premises of the workplace
´ All time spent for work is considered hours worked if:
´ The work performed was necessary
´ If it benefited the Er
´ Or the Ee could not abandon his work at the end of his normal working hours
because he had no replacement
´ Provided, the work was with the knowledge of his Er or immediate
supervisor
´ The time during which an Ee is inactive by reason of interruptions in his work
beyond his control shall be considered working time:
´ If the imminence of the resumption of the work requires the Ees presence at
the place of work or
´ If the interval is too brief to be utilized effectively and gainfully in the Ees
own interest. (Sec. 4, Rule I, Book III, IRR)
Compensability of Hours Worked
´Compensable when:
´Employee is required to be on duty
´Employee is suffered or permitted to work
´Rest periods of short duration during working hours
´Travel time, when beneficial to employer (Rada vs.
NLRC):
´Travel from home to work—if on call and required to
travel
´All in the day’s work—traveling is the principal
activity, regardless of contract, custom, practice
´Travel away from home—cut across employee’s
workday
 Compensability of Hours Worked
´ Not Compensable when:
´ Employee ceases to work
´ Employee may rest completely
´ Employee may leave at his will the spot where he actually stays while
working to go somewhere else
´ When work is broken/not continuous (NDC vs.CIR)
´ Assembly time, routinary practice of employees, proceedings not
infected with complexities so as to deprive employees time to attend
to their personal pursuits (Arica vs.NLRC)
´ Meal time (60 mins.), unless predominantly spent for employer’s
benefit
´ Activities before work and after work are deemed performed during work
hours, where such activities are controlled or required by the employer
and are pursued necessarily and primarily for the employer’s benefit.
Health Workers Working Hours
´ 8 hours for 5 days (40-hour work week), exclusive of time for meals. Except
where the exigencies of the service require that such personnel work for 6
days or 48 hours. In which case, they shall be entitled to an additional
compensation of at least 30% of their regular wage for work on the 6th day.
(Art. 83, LC)
´ The customary practice of requiring resident physicians beyond the 40 hours
of work per week is not permissible and violates the limitation under Art. 83
except if there is a training agreement between the resident physician and the
hospital and the training program is duly accredited or approved by
appropriate government agency.
´ Covered by 40-hour work week are:
´ Those in cities and municipalities with a population of at least 1 million; or
´ hose in hospitals and clinics with a bed capacity of at least 100
´ Art. 83(2) of the LC does not require hospitals to pay the Ees a full weekly
salary with paid 2 days off. [San Juan de Dios Ees Assoc.-AFW et al. vs. NLRC,
G.R. No. 126383, (1997)]
Valid Compressed Workweek
´ The Ee voluntarily agrees to it
´ There is no diminution in their weekly or monthly take home
pay or fringe benefits
´ The benefits are more than or at least commensurate or equal
to what is due the Ees without the compressed work week
´ OT pay will be due and demandable when they are required to
work on those days which should have ceased to be working
days because of the compressed work week schedule.
´ No strenuous physical exertion or that they are given
adequate rest periods.
´ It must be for a temporary duration as determined by the
DOLE.
Requisites for adaption of compressed
workweek
´The Er shall notify the DOLE through the Regional
Office which has jurisdiction over the workplace,
of the adoption of compressed workweek.
´The notice shall be in Report Form attached to the
advisory.
´The Regional Office shall conduct an ocular visit to
validate whether the adoption of the flexible work
arrangements is in accordance with this issuance.
(Department Advisory Order No. 2, Series of 2009)
Meal Period

´ Every Er shall give his Ees not less than 60 minutes or 1 hour time-
off for regular meals.
´ Being time-off, it is not compensable. Employee must be
completely relieved from duty.
´ It is compensable where the lunch period or meal time:
´Is predominantly spent for the employer’s benefit; or
´Where it is less than 20 minutes
´ Where during meal period, the laborers are required to stand by for
emergency work, or where the meal hour is not one of complete
rest, such is considered OT. [Pan Am vs. Pan Am Ees Association,
G.R. No. L-16275, (1961)]
Rest Periods

´Rest periods or coffee breaks running from 5 to 20

minutes shall be considered as compensable working
time. (Sec. 7, Rule I, Book III, IRR)
Right to Weekly Rest Day

´ Every employer shall give his employees a rest period of not less than 24
consecutive hours after every 6 consecutive normal work days. (Sec. 3, Rule III,
Book III, IRR)
´ It shall apply to all employers whether operating for profit or not, including
public utilities operated by private persons. (Sec. 1, Rule III, Book III, IRR)
´ Article 91. Right to weekly rest day.
´ (a) It shall be the duty of every employer, whether operating for profit or not, to
provide each of his employees a rest period of not less than twenty-four consecutive
hours after every six consecutive normal work days.
´ (b) The employer shall determine and schedule the weekly rest day of his employees,
subject to collective agreement and to such rules and regulations as the Secretary of
Labor and Employment may provide. However, the employer shall respect the
preference of employees as to their weekly rest day when such preference is based
on religious grounds.
Authorized Rest Day Work

´ Urgent work to be performed on the machinery, equipment or installation, to avoid

serious loss which the Er would otherwise suffer;
´ Nature of work requires continuous operations for 7 days in a week or more and stoppage
of the work may result in irreparable injury or loss to the Er;
´ Abnormal pressure of work due to special circumstances, where the Er cannot be
ordinarily expected to resort to other measures;
´ Actual or impending emergencies (serious accident, fire, flood, typhoon, earthquake, etc.)
´ Prevent loss or damage to perishable goods;
´ Analogous or similar circumstances as determined by the SLE;
´ Work is necessary to avail of favorable weather or environmental conditions where
performance or quality of work is dependent thereon.
Premium Pay

´It is the additional compensation for work

rendered by the employee on days when
normally he should not be working such as
special holidays and weekly rest days.
Jose applied with Mercure Drug Company for the position of Sales Clerk. Mercure Drug
Company maintains a chain of drug stores that are open every day till late at night. Jose was
informed that he had to work on Sundays and holidays at night as part of the regular course
of employment. He was presented with a contract of employment setting forth his
compensation on an annual basis with an express waiver of extra compensation for work on
Sundays and holidays, which Jose signed. Is such a waiver binding on Jose? Explain.

Yes. As long as the annual compensation is an amount that is not less than what Jose should
receive for all the days that he works, plus the extra compensation that he should receive for
work on his weekly rest WRD and for night differential pay for late night work, considering the
laws and wage orders providing for minimum wages, and the pertinent provisions of the LC,
then the waiver that Jose signed is binding on him for he is not really waiving any right under
Labor Law. It is not contrary to law, morals, good customs, public order or public policy for an
Er and Ee to enter into a contract where the Ees compensation that is agreed upon already
includes all the amounts he is to receive for OT work and for work on weekly rest days and
holidays and for night differential pay for late night work. (1996 Bar Question)
Covered Workplaces for Occupational
Safety and Health Standards
´Refer to establishments, projects, sites, and all
other places where work is being undertaken
wherein the number of employees, nature of
operations, and risk or hazard involved in the
business, as determined by the SLE, require
compliance with the provisions of the law. (Sec.
3c, RA 11058)
 Duties of Employer in Occupational Safety
and Health Standards
´ Every employer, contractor or subcontractor, if any, and any person who manages, controls or supervises the
work being undertaken shall:
´ Furnish the workers a place of employment free from hazardous conditions that are causing or are likely to
cause death, illness or physical harm to the workers;
´ Give complete job safety instructions or orientation to all the workers especially to those entering the job
for the first time, including those relating to familiarization with their work environment;
´ Inform the workers of the hazards associated with their work health risks involved ot to which they are
exposed to, preventive measures to eliminate or minimize the risks, and steps to be taken in cases of
emergency;
´ Use only approved devices and equipment for the workplace;
´ Comply with OSH standards including training medical examination and where necessary, provision of
protective and safety devices such as personal protective equipment (PPE) and machine guards;
´ Allow workers and their safety and health representatives to participate actively in the process of
organizing, planning, implementing and evaluating the safety and health program to improve safety and
health in the workplace; and
´ Provide, where necessary, for measures to deal with emergencies and accidents including first-aid
arrangements.
 Duties of Employer in Occupational Safety
and Health Standards
´ Every worker shall participate in ensuring compliance with OSH standards in the
workplace. The worker shall make proper use of all safeguards and safety devices
furnished for the worker's protection and that of others, and shall observe
instructions to prevent accidents or imminent danger situation in workplace. The
worker shall observe the prescribed steps to be taken in cases of emergency. The
worker shall report to the supervisor any work hazard that may be discovered in the
workplace.
´ It shall be the duty of any person, including the builder or contractor who visits,
builds, renovates or installs devices or conducts business in any establishment or
workplace, to comply with the provisions of this Act and all other regulations issued
by the Secretary of Labor and Employment.
´ Whenever two(2) or more undertakings are engaged in activities simultaneously in
one (1) workplace, it shall be the duty of all engaged to collaborate in the application
of OSH standards and regulations. (Sec. 4, RA 11058)
 Workers Rights in Occupational Safety and
Health Standards
´ Section 5. Workers' Right to Know. - The right to safety and health at work shall be guaranteed. All workers shall be
appropriately informed by the employer about all types of hazards in the workplace, provided access to training and
education on chemical safety, electrical safety mechanical safety, and ergonomical safety.

´ Section 6. Workers' Right to Refuse Unsafe Work. The worker has the right of refusal to work without threat or reprisal from
the employer if, as determined by the DOLE, an imminent danger situation exists in the workplace that may result in illness,
injury or death, and corrective actions to eliminate the danger have not been undertaken by the employer.

´ Section 8. Workers' Right to Personal Protective Equipment (PPE). - Every employer, contractor or subcontructor, if any, shall
provide his workers, free of charge, protective equipment for their eyes, face, hands and feet, and free, and lifeline, safety
belt or harness, gas or dust respirators or masks, protective shields whenever necessary by reason of the hazardous work
process or environment, chemical, radiological, mechanical and other irritants or hazards capable of causing injury or
impairment in the function of any part of the body through absorption, inhalation or physical contact. The cost of the PPE
shall be part of the safety and health program which is a separate pay item pursuant to Section 20 of this Act.

´ All PPE shall be of the appropriate type as tested and approved by the DOLE based on its standards. The usage of PPE in
all establishments, projects, sites and all other places where work is being undertaken shall be based on the evaluation
and recommendation of the safety officer.
Wages

´ "Wage" paid to any employee shall mean the remuneration or

earnings, however designated, capable of being expressed in
terms of money, whether fixed or ascertained on a time, task,
piece, or commission basis, or other method of calculating the
same, which is payable by an employer to an employee under a
written or unwritten contract of employment for work done or
to be done or for services rendered or to be rendered and
includes the fair and reasonable value, as determined by the
Secretary of Labor and Employment, of board, lodging or other
facilities customarily furnished by the employer to the employee.
"Fair and reasonable value" shall not include any profit to the
employer or to any person affiliated with the employer. (Art. 97f,
LC)
Wages vs. Salary

´salaried person is paid a fixed amount per pay

period
´wage earner is paid by the hour
´the exemption under Rule 39 of the Rules of
Court and Article 1708 of the New Civil Code is
meant to favor only laboring men or women
whose works are manual.
´Persons belonging to this class usually look to the
reward of a day’s labor for immediate or
present support, and such persons are more in
need of the exemption than any other (Gaa vs.
Court of Appeals, 140 SCRA 304)
“Facilities” vs. “Supplements”

´Facility – for the benefit of the employee or

his/her family

´Supplement – for the benefit of the employer

´ The nature of the articles or services is not the

determining factor. a service may be a facility or a
supplement depending on who is primarily benefitted.
No Work, No pay
Fair Wage for Fair Work
´ The age-old rule governing the relation between labor and capital, or
management and employee of a "fair days wage for a fair days labor"
remains as the basic factor in determining employees wages.

´ If there is no work performed by the employee there can be no wage or

pay unless, of course, the laborer was able, willing and ready to work but
was illegally locked out, suspended or dismissed, or otherwise illegally
prevented from working. (AKELCO vs. NLRC, G.R. No. 121439. January 25,
2000)
Non-Diminution of Benefits

´ Benefits being given to employees (Ees) cannot be taken back or reduced unilaterally
by the employer (Er) because the benefit has become part of the employment
contract, whether written or unwritten.

´ Exception is to correct an error, otherwise, if the error is not corrected for a

reasonable time, it ripens into a company policy and Ees can demand it as a matter of
right.

´ It is applicable if it is shown that the grant of benefit:

´ Is based on an express policy of the law; or

´ Has ripened into practice over a long period of time and the practice is consistent
and deliberate and is not due to an error in the construction/ application of a
doubtful or difficult question of law.
Payment of Wages
´ No employer shall pay the wages of an employee by means of promissory notes,
vouchers, coupons, tokens, tickets, chits or any object other than legal tender, even
when expressly requested by the employee.

´ Payment of wages by check or money order shall be allowed when such manner of
payment is customary on the date of effectivity of this Code or is necessary because
of special circumstances as specified in appropriate regulations to be issued by the
Secretary of Labor and Employment or is stipulated in a collective bargaining
agreement. (Art. 102, LC)

´ Direct payment of wages. Wages shall be paid directly to the workers to whom they
are due, except:
´ In cases of force majeure rendering such payments impossible or under other special
circumstances to be determined by the Secretary of Labor and Employment in appropriate
regulations, in which cases the worker may be paid through another person under written
authority given by the worker for the purpose; or

´ Where the worker has died, in which case the employer may pay the wages of the
deceased worker to the heirs of the latter without the necessity of intestate proceedings. The
claimant, if they are all of age, shall execute an affidavit attesting to their relationship to the
deceased and the fact that they are his heirs, to the exclusion of all other persons. (Art. 105, LC)
Prohibitions in Payment of Wages

´ Article 112. Non-interference in disposal of wages.

´ Article 113. Wage deduction.

´ Article 114. Deposits for loss or damage.

´ Article 116. Withholding of wages and kickbacks .

´ Article 117. Deduction to ensure employment.

´ Article 118. Retaliatory measures.

´ Article 119. False reporting.

Withholding of Wages

´ Management prerogative refers “to the right of an employer to

regulate all aspects of employment, such as the freedom to
prescribe work assignments, working methods, processes to be
followed, regulation regarding transfer of employees, supervision of
their work, lay-off and discipline, and dismissal and recall of work.”

´ Although management prerogative refers to “the right to regulate

all aspects of employment,” it cannot be understood to include the
right to temporarily withhold salary/wages without the consent of
the employee. To sanction such an interpretation would be contrary
to Article 116 of the Labor Code. (SHS Perforated Materials v. Diaz,
October 13, 2010)
Prohibited Activities

´ Furnishing or publishing any false notice/information/document related to recruitment/employment

´ Failure to file reports required by SLE
´ Inducing or attempting to induce a worker already employed to quit his employment in order to offer him another
unless the transfer is designed to liberate a worker from oppressive terms and conditions
´ Recruitment/placement of workers in jobs harmful to public health or morality or to the dignity of the country
´ Engaging directly or indirectly in the management of a travel agency
´ Substituting or altering employment contracts without approval of DOLE
´ Charging or accepting any amount greater than that specified by DOLE or make a worker pay any amount greater
than actually received by him
´ Committing any act of misrepresentation to secure a license or authority
´ Influencing or attempting to influence any person/entity not to employ any worker who has not applied of
employment through his agency
Wage Distortion

´ A situation where an increase in wage results in the elimination or severe contraction of intentional quantitative
differences in wage or salary rates between and among the Ee-groups in an establishment as to effectively
obliterate the distinctions embodied in such wage structure based on skills, length of service or other logical bases
of differentiation.
´ Elements:

´ An existing hierarchy of positions with corresponding salary rates.

´ A significant change or increase in the salary rate of a lower pay class without a corresponding increase in the
salary rate of a higher one;
´ The elimination of the distinction between the 2 groups or classes; and
´ The WD exists in the same region of the country. [Alliance Trade Unions vs. NLRC, G.R. No. 140689, (2004)]

´ The Er and the union shall negotiate to correct the distortions. If there is no union, the Er and the workers shall
endeavor to correct such distinctions.
Elements of Wage Distortion

´ An existing hierarchy of positions with corresponding salary rates.

´ A significant change or increase in the salary rate of a lower pay class
without a corresponding increase in the salary rate of a higher one;
´ The elimination of the distinction between the 2 groups or classes; and
´ The WD exists in the same region of the country. [Alliance Trade Unions
vs. NLRC, G.R. No. 140689, (2004)]
Basic Principles of Wage Distortion

´ The concept of WD assumes an existing group or classification of Ees which establishes

distinctions among such Ees on some relevant or legitimate basis. This classification is reflected
in a differing wage rate for each of the classes of Ees
´ Often results from Government decreed increases in minimum wages.
´ Should a WD exist, there is no legal requirement that, in the rectification of that distortion by
re-adjustment of the wage rates of the differing classes of Ees, the gap which had previously or
historically existed be restored in precisely the same amount. In other words, correction of a
WD may be done by re-establishing a substantial or significant gap (as distinguished from the
historical gap) between the wage rates of the differing classes of Ees.
´ The re-establishment of a significant difference in wage rates may be the result of resort to
grievance procedures or collective bargaining negotiations. [Metro Transit Org., Inc. vs. NLRC,
G.R. No. 116008, (1995)]
 Minimum Wage

´ In the determination of such regional minimum wages, the Regional Board shall, among
other relevant factors consider the following:
´ The demand for living wages
´ Wage adjustment vis-a-vis the consumer price index
´ The cost of living and changes or increases therein
´ The needs of workers and their families
´ The need to induce industries to invest in the countryside
´ Improvements in standards of living
´ The prevailing wage levels
´ Fair return of the capital invested and capacity to pay of employers
´ Effects on employment generation and family income
´ The equitable distribution of income and wealth along the imperatives of economic and social
development
Wage Fixing

´ National Wages and Productivity Commission (NWPC):

´ national consultative and advisory body to the President and
Congress on matters relating to wages, incomes, and productivity
´ formulates policies and guidelines on wages, incomes and
productivity improvement
´ DOES NOT set wage rates; REVIEWS wage rates set by Regional
Wage Boards
´ Composition:
´ Secretary of Labor

´ Director General of NEDA

´ 2 members representing workers

´ 2 members representing employers

´ Executive Director
Wage Fixing

´ Regional Tripartite Wages and Productivity Boards

(RTWPB):
´determines and fixes MINIMUM WAGE RATES
applicable in their regions, provinces or industries
´issues WAGE ORDERS
´Composition:
´ Regional Director of DOLE
´ Regional Director of NEDA
´ Regional Director of DTI
´ 2 members representing workers
´ 2 members representing employers
The Regional Wage Board of Region II issued a Wage Order granting all Ees in the private sector throughout the region an
across-the-board increase of P15.00 daily. Is this Wage Order valid?
The Wage Order is valid insofar as the mandated increase applies to Ees earning the prevailing minimum wage rate at the time
of the passage of the Wage Order and void with respect to its application to Ees receiving more than the prevailing minimum
wage rate at the time of the passage of the Wage Order. Pursuant to its authority, the Regional Wage Boards may issue wage
orders which set the daily minimum wage rates. In the present case, the Regional Wage Board did not determine or fix the
minimum wage rate. It did not set a wage level nor a range to which a wage adjustment or increase shall be added. Instead, it
granted an across-the-board wage increase of P15.00 to all Ees in the region. In doing so, the Regional Wage Board exceeded
its authority by extending the coverage of the Wage Order to wage earners receiving more than the prevailing minimum wage
rate, without a denominated salary ceiling. The Wage Order granted additional benefits not contemplated by R.A. No. 6727.
[MBTC vs. NWPC Commission, G.R. No. 144322, (2007)]
Since the Wage Order was declared void with respect to its application to employees receiving more than the prevailing
minimum wage rate at the time of the passage of the Wage Order, should these Ees refund the wage increase received by
them?
No. The Ees should not refund the wage increase that they received under the invalidated Wage Order. Being in good faith, the
employees need not refund the benefits they received. Since they received the wage increase in good faith, in the honest
belief that they are entitled to such wage increase and without any knowledge that there was no legal basis for the same, they
need not refund the wage increase that they already received. [MBTC vs. NWPC Commission, G.R. NO. 144322, (2007)]
Salary Ceiling Method

´A method of minimum wage adjustment

whereby the wage adjustment is applied to
Ees receiving a certain denominated ceiling.
In other words, workers already being paid
more than the existing minimum wage are
also to be given a wage increase. [ECOP vs.
NWCP, G.R. No. 96169, (1991)]
Holiday Pay

´ It is a premium given to employees (Ees) pursuant to law even

if he has not been suffered to work on a regular holiday. It is
limited to the regular holidays, also called legal holidays listed
by law. The employee (Ee) should not have been absent
without pay on the working day preceding the regular holiday.
´ Special Classes:
´ National Special Public Holiday
´ Non-working days otherwise declared by the President
´ Local Special Public Holiday – Regular working day. (LOI 814 as
amended by LOI 1087)
Holiday Pay

´Article 94. Right to holiday pay. (a) Every worker

shall be paid his regular daily wage during
regular holidays, except in retail and service
establishment regularly employing less than ten
workers;
´(b) The employer may require an employee to
work on any holiday but such employee shall be
paid a compensation equivalent to twice his
regular rate; and
Muslim Holidays (MH)

´ The MHs, except Eid’l Fitr and Eid’l Adha are observed in specified Muslim areas.
´ All private corporations, offices, agencies and entities or establishments
operating within the designated Muslim provinces and cities are required to
observe MH.
´ Christians working within the Muslim areas may not report for work during MH.
Not only Muslim but also Christian Ee in the designated provinces and cities are
entitled to HP on the MH. [SMC vs. CA, G.R. 146775, (2002)]
´ Muslim Ees shall be excused from work during MH without diminution of salary
or wages.

´ Those who are permitted or suffered to work on MH are entitled to at least 100%
basic pay + 100% as premium of their basic pay. [SMC vs. CA, G.R. 146775,
(2002)]
Regular Holiday
´ They are compensable whether worked or unworked subject to certain conditions. They
are also called legal holidays. The following are considered regular holidays.
REGULAR HOLIDAYS DATE
New Year’s Day January 1
Maundy Thursday Movable Date
Good Friday Movable Date
Eid’l Fitr Movable Date
Eld’l Adha Movable Date
Araw ng Kagitingan April 9
Labor Day May 1
Independence Day June 12
National Heroes Day Aug. 29 (last Monday of August)
Bonifacio Day Nov. 30
Christmas Day Dec. 25
Rizal Day Dec. 30
Holiday and Special Day

HOLIDAY SPECIAL DAY

NO WORK, WITH PAY NO WORK, NO PAY

WITH WORK, WITH WORK, EXTRA

DOUBLE PAY PAY (30% premium)
 INSTANCES
Work on a scheduled rest day
Work has no regular workdays and rest days
(If performed on Sundays and Holidays)
Work on a Sunday
(If Ee’s scheduled rest day)
Work performed on any Special Holiday
Work performed on a Special Holiday and same day is
the scheduled rest day
Work performed on a Special Working Holiday
RATES OF ADDITIONAL COMPENSATION
+ 30% Premium Pay (PP) of 100% regular wage (RW). (Sec. 7,
Rule III, Book III, IRR)
+ 30% PP of 100% RW . (Sec. 7, Rule III, Book III, IRR
+ 30% PP of 100% RW. (Sec. 7, Rule III, Book III, IRR)
1st 8 hrs: + 30% PP of 100% RW
Excess of 8 hrs: + 30% of hourly rate on said date. (M.C. No.
10, Series of 2004)
1st 8 hrs: + 50% PP of 100% regular wage
Excess of 8 hrs: + 30% of hourly rate on said date. (M.C. No.
10, Series of 2004)
Ee is only entitled to his basic rate. No PP is required.
Reason: Work performed is considered work on ordinary
working days. (Sec. 7, Rule III, Book III, IRR)
Service Charges

´ All service charges collected by hotels, restaurants and similar

establishments shall be distributed at the rate of 100 percent for all
covered employees
´ The share of the employees shall be equally distributed among
them. In case the service charge is abolished, the share of the
covered employees shall be integrated into their wages.
´ The law essentially mandates all establishments that collect service
charge to distribute it “completely and equally” among covered
employees—meaning all workers directly employed by the covered
establishment “regardless of position, designation or employment
status.”
´ The only exceptions to this are managerial employees (RA 11360)
Tips

´Unlike service charges which is regulated

by law, tips are voluntarily given by
customers to the waitperson who serve
them.
´The management may pool the tips but it is
not required by law.
´It is wrong to said that customers should not
give tips because there is already service
charge since they are not the same.
Night Shift Differential (NSD)

´ It is additional compensation of not less than 10% of an Ees regular wage for
every hour worked between 10:00 pm to 6:00 am, whether or not such period is
part of the worker’s regular shift.
´ Applies to all employees, except:
´ Ees of the Government and any of its political subdivisions, including
GOCCs.
´ Retail and service establishments regularly employing not more than 5
workers.
´ Includes task and contract basis
´ Domestic helpers and persons in the personal service of another.
´ Field personnel and Ees whose time and performance is unsupervised by the
employer
´ Managerial Ees
´ NSD cannot be waived because it is against public policy [Mercury Drug Co.,
Inc. vs. Dayao, et al., G.R. No. L-30452, (1982)] , unless higher/better benefits are
given.
Overtime Work

´ Work performed beyond 8 hours within the worker’s 24-hour workday.

´ Express instruction from the Er to the Ee to render OT work is not required for the
Ee to be entitled to OT pay; it is sufficient that the Ee is permitted or suffered to
work. However, written authority after office hours during rest days and holidays
are required for entitlement to compensation.

´ Work week is the 24-hour period which commences from the time the
employee regularly starts to work e.g. If the worker starts to work 8 am today,
the workday is from 8 am today up to 8 am tomorrow.

´ Minimum normal working hours fixed by law need not be continuous to

constitute the legal working day.
CBA Provisions vs. Overtime Pay

´ Generally, the premium for work performed on the employee’s rest days or on
special days or regular holidays are included as part of the regular rate of the
employee in the computation of overtime pay for any overtime work rendered
on said days especially if the employer pays only the minimum overtime rates
prescribed by law.

´ The employees and employer, however, may stipulate in their collective

agreement the payment of overtime rates higher than those provided by law and
exclude the premium rates in the computation of overtime pay.

´ Such agreement may be considered valid only if the stipulated overtime pay rates
will yield to the employees not less than the minimum prescribed by law.
Rationale of Overtime Pay

´ Employee is made to work longer than what is commensurate with

his agreed compensation for the statutory fixed or voluntarily
agreed hours of labor he is supposed to do [PNB vs. PEMA and CIR,
G.R. No. L-30279, (1982)].
´ It discourages the employer (Er) from requiring such work thus
protecting the health and well-being of the worker, and also tend to
remedy unemployment by encouraging Ers to employ others
workers to do what cannot be accomplished during the normal
hours of work.
 OVERTIME PAY PREMIUM PAY

Additional compensation for

work performed within 8
hours on days when normally
Additional compensation
he should not be working (on
for work performed
non-working days, such as
beyond 8 hours on
rest days and special days.)
ordinary days (within the
But additional compensation
worker’s 24-hour workday)
for work rendered in excess
Overtime pay vs. Premium Pay
of 8 hours during these days
Overtime Rates
PAY RATES
OT during a regular working day
Additional compensation of 25% of the regular wage
OT during a holiday or rest day
Rate of the first 8 hours worked on
plus at least 30% of the regular wage (RW):
if done on a special holiday OR rest day:
30% of 130% of RW
If done on a special holiday AND rest day:
30% of 150% of RW
if done on a regular holiday:
30% of 200% of RW
In lieu of OT pay, the employee was given permission to go on leave on some other
day, is that valid?

No. Permission given to the employee (Ee) to go on leave on some other day of the
week shall NOT exempt the employer from paying the additional compensation
required because it would prejudice the Ee, for he will be deprived of the additional pay
for the OT work he has rendered and which is utilized to offset the undertime he may
have incurred. Undertime could be charged against the Ees accrued leave.

Socorro is a clerk-typist in the Hospicio de San Jose, a charitable institution dependent

for its existence on contributions and donations from well wishers. She renders work
11 hours a day but has not been given OT pay since her place of work is a charitable
institution. Is Socorro entitled to OT pay? Explain briefly.

Yes. Socorro is entitled to OT compensation. She does not fall under any of the
exceptions to the coverage of Art. 82, under the provisions of hours of work. The Labor
Code is equally applicable to non-profit institutions. A covered Ee who works beyond 8
hours is entitled to OT compensation. (2002 Bar Question)
Flores applied for the position of driver in the motor-pool of Gold Company, a multinational
corporation. Danilo was informed that he would frequently be working OT as he would have
to drive for the company's executives even beyond the ordinary 8-hour work day. He was
provided with a contract of employment wherein he would be paid a monthly rate
equivalent to 35 times his daily wage, regular sick and vacation leaves, 5 day-leave with pay
every month and time off with pay when the company's executives using the cars do not
need Danilo's service for more than eight hours a day, in lieu of OT. Are the above provisions
of the contract of employment in conformity with, or violative of, the law?

Except for the provision that Danilo shall have time off with pay when the company's
executives using the cars do not need Danilo's service for more than 8 hours a day, in lieu of
OT, the provisions of the contract of employment of Danilo are not violative of any labor law
because they instead improve upon the present provisions of pertinent labor laws.
13th Month Pay

´ Additional income based on wage required by P.D. 851 Requiring all

Employers to pay their Employees a 13th month pay which is equivalent to
1/12 of the total basic salary earned by an employee (Ee) within a
calendar year.
´ It is a statutory obligation, granted to covered Ees, hence, demandable as
a matter of right. (Sec 1, P.D. 851)
´ All rank-and-file Ees regardless of the amount of basic salary that they
receive in a month, if their employers (Er) are not otherwise exempted
from paying the 13th month pay. Such Ees are entitled to the 13th month
pay regardless of said designation of employment status, and irrespective
of the method by which their wages are paid. Provided, that they have
worked for at least 1 month, during a calendar year. (Revised Guidelines
on the Implementation of the 13th Month Pay Law)
´ Only rank-and-file Ees are covered by 13th Month Pay Law
 Service Incentive Leave
´ Right to service incentive leave.

´ Every employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of five days with pay.

´ This provision shall not apply to those who are already enjoying the benefit
herein provided, those enjoying vacation leave with pay at least five days
and those employed in establishments regularly employing less than ten
employees or in establishments exempted from granting this benefit by the
Secretary of Labor after considering the viability or financial condition of
such establishment.

´ The grant of benefit in excess of that provided herein shall not be made a
subject of arbitration or any court or administrative action. (Art. 95, LC)

´ Employees engaged on task or contract basis or paid on purely commission

basis are not automatically exempted from the grant of service incentive
leave, unless, they fall under the classification of field personnel. (Serrano v.
Severino Santos Transit, August 9, 2010)
Maternity Leave

´ Republic Act 11210 or the law that increased the maternity leave from 105 days
with an option to extend for 30 days without pay, and granting an additional 15
days for solo mothers.

´ Mothers are guaranteed 105 days of paid maternity leave. This applies to every
instance of pregnancy. Employers are required to grant it regardless of the mode
of delivery, civil status, legitimacy of the child, and employment status.
´ In cases of miscarriage or emergency termination of pregnancy, a 60-day
maternity leave with full pay is provided.
´ Maternity leave in every instance of pregnancy, miscarriage or emergency
termination of pregnancy and regardless of frequency, full payment is to be
advanced by employers within 30 days from filing of the maternity leave
application. Also, seven days from maternity leave credits can be allocated to the
child’s father, whether or not he and the mother are married.
´ Unlike the previous law, the employers are now required to pay the salary
differential in excess to the maximum amount that SSS can provide.
Paternity Leave

´It refers to the benefits granted to a married male

employee allowing him not to report for work for
7 days but continues to earn the compensation
therefore, 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.
Solo Parent Leave

´Leave benefits granted to a solo parent to enable

him/her to perform parental duties and
responsibilities - where physical presence is
required.
´In addition to leave privileges under existing laws,
parental leave of not more than 7 working days
every year shall be granted to any solo parent Ee
who has rendered service of at least 6 months.
Special Leaves for WOmEn

´ A female employee who is a victim of violence

(physical, sexual, or psychological) is entitled to a
paid leave of 10 days in addition to other paid
leaves. (R.A. 9262, Anti- VAWC Act)
´ Leave benefits of two (2) months with full pay
based on gross monthly compensation, for
women employees who undergo surgery caused
by gynecological disorders, provided that they
have rendered continuous aggregate
employment service of at least six (6) months for
the last twelve (12) months (Magna Carta for
Women)
Compassionate Leave

´To date, bereavement leave is not

mandatory and prerogative of the employers
´However, a bill is being filed in Congress for
a mandatory 10 day bereavement leave
Women Workers

´The Magna Carta of Women is

comprehensive women’s human rights law
that seeks to eliminate discrimination against
women by recognizing, protecting, fulfilling
and promoting the rights of Filipino women,
especially those in marginalized sector.
Woman Night Workers

´ Art. 158. Women Night Workers.— Measures shall be taken to ensure that an
alternative to night work is available to women workers who would otherwise be
called upon to perform such work:
´ (a) Before and after childbirth, for a period of at least sixteen (16) weeks, which
shall be divided between the time before and after childbirth;
´ (b) For additional periods, in respect of which a medical certificate is produced
stating that said additional periods are necessary for the health of the mother or
child:
´ (1) During pregnancy;
´ (2) During a specified time beyond the period, after childbirth is fixed pursuant to
subparagraph (a) above, the length of which shall be determined by the DOLE
after consulting the labor organizations and employers.
´ AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING
ARTICLES 130 AND 131 OF THE LABOR CODE
Minor Workers
´ No person under 18 years of age will be allowed to be employed in an undertaking which is
hazardous or deleterious in nature.
´ No Er shall discriminate against any person in respect to terms and conditions of employment on
account of his age.
´ Exceptions:
´ Below 15 yrs. Old
´ The child works directly under the sole responsibility of his parents, or guardians who employ members of his
family, subject to the following conditions:
´ Employment does not endanger the child’s safety, health and morals
´ Employment does not impair the child’s normal development
´ Er-parent or legal guardian provides the child with the primary and/or secondary education
prescribed by the Dept. of Education
´ The child’s employment or participation in public entertainment or information through cinema, theater,
radio or television is essential provided:
´ Employment contract is concluded by the child’s parents or legal guardian,

´ With the express agreement of the child concerned, if possible, and

´ The approval of DOLE, the following must be complied with:

´ The employment does not involve advertisement or commercials promoting alcoholic

beverages, intoxicating drinks, tobacco and its by-products or exhibiting violence
´ there is a written contract approved by DOLE

´ the conditions provided in the first instance are met.

´ Above 15 but below 18 – may be employed in any non-hazardous work
Minor Workers
DOLE Certificate not Required
´The issuance of a DOLE Certificate to youth aged 15 to
below 18 years of age is not required by law.
´No employer shall deny opportunity to any such youth
applying for employment merely on the basis of lack of
work permit or certificate of eligibility for employment.
´Any young person aged 15 to below 18 years of age may
present copy of this DOLE advisory to any employer, job
provider, government authority, or his/her representative
when seeking employment or anytime during employment.
(DOLE Department Advisory No. 01-08)
You were asked by a paint manufacturing company regarding the possible
employment as a mixer of a person, aged 17, who shall be directly under
the care of the section supervisor. What advice would you give? Explain
briefly.

I will advise the paint manufacturing company that it cannot hire a person
who is aged 17. Art 139 (c) of the LC provides that a person below 18 yrs. of
age shall not be allowed to work in an undertaking which is hazardous or
deleterious in nature as determined by the SLE. Paint manufacturing has
been classified by the SLE as a hazardous work. (2002 Bar Question)
Prohibitions on Minor Workers

´No employment of child models in all commercial

advertisements promoting:
´Violence

´Alcoholic beverages

´Intoxicating drinks

´Tobacco and its by products

Determine whether the following minors should be prohibited from being
hired and from performing their respective duties indicated hereunder:
1. A 17-year old boy working as miner at the Walwadi Mining Corporation.
Yes, he should be prohibited from being hired and from performing the duties of a
miner because such constitutes hazardous work under D.O. No. 04 Series of 1999.
Art. 139 (c) of LC expressly prohibits the employment of persons below 18 years of
age in an undertaking which is hazardous or deleterious in nature as determined by
the SLE.
2. An 11-year old boy who is an accomplished singer and performer in
different parts of the country.
No, he should not be prohibited from being hired and from performing as a singer.
Under Art. VIII Sec. 12 par. 2 of R.A. 7619 as amended by R.A. 7658, this
constitutes an exception to the general prohibition against the employment of
children below 15 years of age, provided that the following requirements are strictly
complied with:
1.The Er shall ensure the protection, health safety and morals of the child
2.The Er 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
3.The Er shall formulate and implement, subject to the approval and supervision of
competent authorities, a continuing program for training and skill acquisition of the child.
Moreover, the child must be directly under the sole responsibility of his parents or
guardian and his employment should not in any way interfere with his schooling.
3. A 15-year old girl working as a library assistant in a girls' high
school.
A: No, she should not be prohibited from working as a library assistant
because the prohibition in the LC against employment of persons below 18
years of age merely pertains to employment in an undertaking which is
hazardous or deleterious in nature as identified in the guidelines issued by
the SLE working as a library assistant is not one of undertakings identified
to be hazardous under D.O. No 04 Series of 1999.
4. A 16-year old girl working as model promoting alcoholic beverages.
A: Yes, she should be prohibited from working as a model promoting
alcoholic beverages. R.A. 7610 categorically prohibits the employment of
child models in all commercials or advertisements promoting alcoholic
beverages and intoxicating drinks, among other things.
5. A 17-year old boy working as a dealer in a casino.
A: Yes, he should be prohibited from working as a dealer in casino,
because Art. 140 of the LC prohibits the employment of persons below 18
years of age in an undertaking which is hazardous or deleterious in nature
identified in the guidelines issued by the SLE. Working as a dealer in a
casino is classified as hazardous under D.O. No. 04 Series of 1999 as it
exposes children to physical, psychological or sexual abuses. (2006 Bar
Question)
Child Labor

´ Any work or economic activity

performed by a child that subjects him
or her to any form of exploitation or is
harmful to his or her health and safety
or physical, mental or psychosocial
development.
 KASAMBAHAY

´ A domestic worker is a person engaged in domestic work in a household within an employment

relationship.
´ The scope of domestic work as those with refers to work performed in or for a household/s
´ The phrase “within an employment relationship” means that the DW should be hired specifically to
perform household work, such as cleaning, gardening, doing the laundry, cooking, and related
tasks, hence, absent such specific engagement, one cannot be considered as a domestic worker.
´ The word “household” as used in this law refers to the immediate members of the family or the
occupants of the house that are directly provided services by the domestic worker. Hence, the
helping in the business of the employer is excluded as part of the job description of the DW.
´ The law also covers the laundry person, nursemaid, cook, gardener, or person who regularly
performs household work as an occupation.
´ A laundry person performing the work similar to a domestic helper for the occupants of the
staffhouses is not classified as DW under the concept of the DWA, but as regular employee of the
company, because she does not work for a household but for a corporation. (Apex Mining vs.
NLRC)
´ A person who assisted in the personal need Head Monk is not considered a domestic worker in the
concept of the law, but as a regular employee, performing work essential to the operation of the
temple (Barcenas vs. NLRC)
 HOUSE HELPER

´ The definition of “househelper” or “domestic servant” under the Implementing Rules of the Labor
Code contemplates such househelper or domestic servant who is employed in the employer’s
home to minister exclusively to the personal comfort and enjoyment of the employer’s family.
´ The criteria is the personal comfort and enjoyment of the family of the employer in the home of said
employer. While it may be true that the nature of the work of a househelper, domestic servant or
laundrywoman in a home of in a company staffhouse may be similar in nature, the difference in
their circumstances is that in the former instance they are actually serving the family, while in the
latter case, whether it is a corporation or a single proprietorship engaged in business or industry or
any agricultural or similar pursuit, service is being rendered in the staffhouses or within the premises of
the business of the employer. In such instance, they are employees of the company or employer in
the business concerned, entitled to the privileges of a regular employee.
´ There is no merit in making a distinction as to whether the househelper is assigned to certain aspects
of the business of the employer. The mere fact that the househelper or domestic servant is working
within the premises of the business of the employer and in relation to or in connection with its
business, as in its staffhouses for its guest or even for its officers and employees, warrants the
conclusion that such househelper or domestic servant is and should be considered a regular
employee and not a househelper. (Remington Industrial v. Castaneda, November 20, 2006)
 Not Covered By BATAS KASAMBAHAY

´Service providers, who, as part of their business, undertake to

perform work or service for a household, independently, and free
from the control and direction of the employer
´Family drivers, who are specifically excluded by the IRR of the law;
´Children under foster family arrangement who are provided for
educationally by the household where they live in. and
´Those who perform work occasionally and not on an occupational
basis, including the kins who live with the accommodation provided
for the DW, provided they are not engaged to perform substantial
household work.
HOME WORKERS

´They are those who perform in or about

his own home any processing or
fabrication of goods or materials, in
whole or in part, which have been
furnished directly or indirectly, by an Er
and sold thereafter to the latter.
 EMPLOYER OF HOME WORKER

´Includes any person, natural or artificial who, for his account or

benefit, or on behalf of any person residing outside the country,
directly or indirectly, or through an Ee, agent contractor,
subcontractor or any other person:
´Delivers or causes to be delivered, any goods, articles or materials
to be processed or fabricated in or about a home and thereafter to
be returned or to be disposed of or distributed in accordance with
his directions.
´Sells any goods, articles or materials to be processed or fabricated
in or abut a home and then rebuys them after such processing or
fabrication, either by himself or through some other person.
PROHIBITIONS TO HOMEWORKERS

´No homework shall be performed on:

´Explosives, fireworks and similar articles;
´Drugs and poisons; and
´Other articles, the processing of which
requires exposure to toxic substances.
(Sec. 13, Rule XIV, Book III, IRR)
Josie is the confidential secretary of the Chairman of the Board of the
bank. She is presently on maternity leave. In an arrangement where the
Chairman of the Board can still have access to her services, the bank allows
her to work in her residence during her leave. For this purpose, the bank
installed a fax machine in her residence, and gave her a cellphone and a
beeper. Is Josie a homeworker under the law? Explain.

No, she is actually an office worker. She is not an industrial homeworker who
accepts work to be fabricated or processed at home for a contractor, which
work, when finished, will be returned to or repurchased by said contractor.
(Art. 155, LC) (2000 Bar Question)
NIGHT WORKER

´ Art. 154. Coverage.— This chapter shall apply to all persons, who
shall be employed or permitted or suffered to work at night, except
those employed in agriculture, stock raising, fishing, maritime
transport and inland navigation, during a period of not less than
seven (7) consecutive hours, including the interval from midnight to
five o’clock in the morning, to be determined by the Secretary of
Labor and Employment, after consulting the workers’
representatives/labor organizations and employers.
´ “Night worker” means any employed person whose work requires
performance of a substantial number of hours of night work which
exceeds a specified limit. This limit shall be fixed by the Secretary of
Labor after consulting the workers’ representatives/labor
organizations and employers.”
Right to Health Assessment of Night
Workers
´ Art. 155. Health Assessment, – At their request, workers shall have the
right to undergo a health assessment without charge and to
receive advice on how to reduce or avoid health problems
associated with their work:
´ (a) Before taking up an assignment as a night worker;
´ (b) At regular intervals during such an assignment; and
´ (c) If they experience health problems during such an assignment which are
not caused by factors other than the performance of night work.
´ With the exception of a finding of unfitness for night work, the
findings of such assessments shall not be transmitted to others
without the workers’ consent and shall not be used to their
detriment.
Right to Adequate Facilities OF NIGHT
WORKERS
´ Art. 156. Mandatory Facilities.— Suitable first-aid facilities shall
be made available for workers performing night work,
including arrangements where such workers, where
necessary, can be taken immediately to a place for
appropriate treatment.
´ The employers are likewise required to provide safe and
healthful working conditions and adequate or reasonable
facilities such as sleeping or resting quarters in the
establishment and transportation from the work premises to
the nearest point of their residence subject to exceptions and
guidelines to be provided by the DOLE.
 TRANSFER AND CONSULTATION OF
NIGHT WORKERS
´ Art. 157. Transfer.— Night workers who are certified as unfit for night work, due to
health reasons, shall be transferred, whenever practicable, to a similar job for which
they are fit to work.
´ If such transfer to a similar job is not practicable, these workers shall be granted the
same benefits as other workers who are unable to work, or to secure employment
during such period.
´ A night worker certified as temporarily unfit for night work shall be given the same
protection against dismissal or notice of dismissal as other workers who are prevented
from working for reasons of health.”\
´ Art. 161. Night Work Schedules.— Before introducing work schedules requiring the
services of night workers, the employer shall consult the workers’
representatives/labor organizations concerned on the details of such schedules and
the forms of organization of night work that are best adapted to the establishment
and its personnel, as well as on the occupational health measures and social services
which are required. In establishments employing night workers, consultation shall take
place regularly.”
APRENTICES

´Any worker who is covered by a

written apprenticeship agreement
with an individual employer or any
of the entities recognized under the
LC.
APRENTICESHIP

´It is practical training on the job

supplemented by related theoretical
instruction involving a contract between
an apprentice and an employer on an
approved apprenticeable occupation.
LEARNERS

1. They are persons hired as trainees in semi-skilled and other industrial

occupations

2. Which are non-apprenticeable and

3. Which may be learned through practical training on the job in a relatively

short period of time

4. Which shall not exceed 3 months

5. Whether or not such practical training is supplemented by theoretical

instructions. (Sec. 1a, Rule VII, Book II, IRR)
WHEN MAY LEARNERS BE EMPLOYED?

´When no experienced worker is

available
´It is necessary to prevent curtailment of
employment opportunities; and
´Employment does not create unfair
competition in terms of labor costs or
impair or lower working standards.
LEARNERSHIP AGREEMENT

´ Any employer desiring to employ Learners shall enter

into a Learnership agreement with them, which
agreement shall include:
´ The names and addresses of the Learners;
´ The duration of the Learnership period, which shall not
exceed 3 months;
´ The wages or salary rates of the Learners which shall begin
at not less than 75% of the applicable minimum wage; and
´ A commitment to employ the Learners if they so desire, as
regular employees upon completion of the Learnership.
 Learnership Apprenticeship
Nature

Training on the job in semi-skilled and other industrial occupation or Training in trades which are apprenticeable, that is, practical training on
trades which are non-apprenticeable and which may be learned thru the job supplemented by related theoretical instruction for more than 3
practical training on the job in a relatively short period of time. months.

Duration of training
Min: 3 months
Max: 3 months
Max: 6 months
Commitment to employ
With commitment to employ the Learner as a regular Ee if he desires
No commitment to hire
upon completion of Learnership
In case of pretermination of contract

Considered a regular Ee if pre-termination occurs after 2 months of

Worker not considered as regular employee.
training and the dismissal is without fault of the Learner.

Coverage
Semi-skilled/Indus-trial occupations Highly technical industries and only in industrial occupation

There is a list of learnable trades by TESDA No list

Written agreement
Require Learnership Agreement Requires Apprenticeship Agreement
PERSONS WITH DISABILITIES
HANDICAPPED WORKERS
´Those whose earning capacity is impaired by:
´Physical deficiency
´Age
´Injury
´Disease
´Mental deficiency
´Illness
RIGHTS OF DISABLED WORKER

´Equal opportunity for employment

´Sheltered employment (the Government
shall endeavour to provide them work if
suitable employment for disabled
persons cannot be found through open
employment)
´Apprenticeship
 PROHIBITION ON DISCRIMINATION ON
AGAINST DISABLED PERSONS
´ No disable person shall be denied access to opportunities for
suitable employment. A qualified disabled employee shall be
subject to the same terms and conditions of employment and
the same compensation, privileges, benefits, fringe benefits,
incentives or allowances as a qualified able bodied person.

´ Five percent (5%) of all casual emergency and contractual

positions in the Departments of Social Welfare and Development;
Health; Education, Culture and Sports; and other government
agencies, offices or corporations engaged in social development
shall be reserved for disabled persons.
 Incentives for Employers

´ Entitled to an additional deduction, from their gross income, equivalent to twenty-five

percent (25%) of the total amount paid as salaries and wages to disabled persons: Provided,
however, That such entities present proof as certified by the Department of Labor and
Employment that disabled persons are under their employ: Provided, further, That the
disabled employee is accredited with the Department of Labor and Employment and the
Department of Health as to his disability, skills and qualifications.

´ Private entities that improve or modify their physical facilities in order to provide reasonable
accommodation for disabled persons shall also be entitled to an additional deduction from
their net taxable income, equivalent to fifty percent (50%) of the direct costs of the
improvements or modifications
DUTIES OF DOLE AND CSC ON MENTAL
HEALTH
´Develop guidelines and standards on
appropriate and evidence-based
mental health programs for the
workplace as described in the law
´Develop policies and promote mental
health in the workplace and address
stigma and discrimination suffered by
people with mental health
 WHO MAY BE LIABLE FOR SEXUAL
Harassment?
´ In a work, education or training-related environment Sexual
Harassment may be committed by an:
´ Ee
´ Manager
´ Supervisor
´ Agent of the (Er)
´ Teacher, instructor, professor
´ Coach, trainer, or
´ Any other person who, having authority, influence or moral ascendancy
over another in a work or training or education environment:
´Demands
´Requests or
´Requires -any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of R.A. 7877. (Sec.
3, R.A. 7877)
COMMISION OF SEXUAL HARASSMENT

´ Generally, a person liable demands, requests, or otherwise requires any sexual

favor from the other, regardless of whether the demand, request or requirement
for submission is accepted by the latter.
´ It is true that the provision calls for a “demand, request or requirement of a sexual favor.” But it
is not necessary that the demand, request or requirement of a sexual favor be articulated in a
categorical manner. It may be discerned, with equal certitude, from the acts of the offender.

´ Likewise, it is not essential that the demand, request or requirement be made as a condition for
continued employment or for promotion to a higher position. It is enough that the
respondent’s acts result in creating an intimidating, hostile or offensive environment for the
employee. [Domingo vs. Rayala, G.R. No. 155831, (2008)]

´ An act of Sexual Harassment may give rise to civil, criminal and administrative liability on the
part of the offender, each proceeding independently of the others.
 BAWAL BASTOS LAW CRIMES IN
WORKPLACE
´ An act or series of acts involving any unwelcome sexual advances, requests or demand for
sexual favors or any act of sexual nature, whether done verbally, physically or through the use of
technology such as text messaging or electronic mail or through any other forms of information
and communication systems, that has or could have a detrimental effect on the conditions of
an individual’s employment or education, job performance or opportunities;
´ A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person,
which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally,
physically or through the use of technology such as text messaging or electronic mail or through
any other forms of information and communication systems;
´ A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating
environment for the recipient: Provided, That the crime of gender-based sexual harassment may
also be committed between peers and those committed to superior officer by a subordinate, to
a teacher by a student, or to a trainer by a trainee; and
´ Information and communication system refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic documents
and includes the computer system or other similar devices by or in which data are recorded or
stored and any procedure related to the recording or storage of electronic data messages or
electronic documents.
EMPLOYERS’ DUTIES ON BAWAL BASTOS
LAW
´ Disseminate or post in a conspicuous place a copy of this Act
to all persons in the workplace;
´ Provide measures to prevent gender-based sexual
harassment in the workplace, such as the conduct of anti-
sexual harassment seminars;
´ Create an independent internal mechanism or a committee
on decorum and investigation to investigate and address
complaints of gender-based sexual harassment
´ Provide and disseminate, in consultation with all persons
in the workplace, a code of conduct or workplace policy
CO-WORKERS DUTIES ON BAWAL
BASTOS LAW
´ Refrain from committing acts of gender-based
sexual harassment;
´ Discourage the conduct of gander-based
sexual harassment in the workplace;
´ Provide emotional or social support to fellow
employees, co-workers, colleagues or peers who
are victims of gender-based sexual harassment;
and
´ Report acts of gender-based sexual
harassment witnessed in the workplace.