Arlene Canyownes
JD 2
Labor Code of the Philippines
PRESIDENTIAL DECREE NO. 442, AS AMENDED A DECREE
INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD
PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND
HUMAN RESOURCES DEVELOPMENT AND INSURE
INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE
PRELIMINARY TITLE
Chapter 1
Video Lecture No. 1 (September 6, 2022)
Discussion on the new Labor Code the Amendment in
RA. 10151.
● Deletion of art 130 and 131.
● New Chapter
Video Lecture No. 2 (September 6, 2022)
[The major source of labor law - Labor Code of the
philippines]
History of Labor Law
Ferdinand Marcos commissioned the Minister
Sec. Blas Ople (The father of Labor Law) who codified
all existing special laws all pertaining to Labor, and
the result is the Labor Code of the Philippines. Art. 1.
Name of Decree. This Decree shall be known as the
"Labor Code of the Philippines". . It was enacted on
Labor day, May 1, 1974 by President Marcos in the
exercise of his then extant legislative powers.
Presidential Decree 442.
Art. 2. Date of effectivity. This Code shall take
effect six (6) months after its promulgation.
Enacted From May 1, 1974.
Effectivity - November 1, 1974.
BAR question: What is Labor Legislation?
Ans. Consist of statutes, Laws, Rules and Regulation.
Added to it jurisprudence added by the SP. All about
the relation of labor and capital.
If there is any law that governs the relation between
labor and capital - labor legislation.
Labor Legislation consists of 2 parts Art. 3. Declaration of basic policy. The State shall
● Labor Standard- The minimum afford protection to labor, promote full employment,
requirements in working conditions- ensure equal work opportunities regardless of sex,
(wages, rates of pay night shift race or creed and regulate the relations between
differential, holiday pay and others). But workers and employers. The State shall assure the
there is no maximum requirement, it rights of workers to self-organization, collective
leaves to the agreement of the employer. bargaining, security of tenure, and just and humane
● Labor Relation- The relationship between conditions of work.
the employer and the individual individual (read and research more)
or and the whole of the employers in the
organization. Strikes on CBA Collective Art. 4. Construction in favor of labor. All doubts in
Bargaining agreement (activities of the implementation and interpretation of the
employees as a group against the provisions of this Code, including its implementing
employers). rules and regulations, shall be resolved in favor of
labor.
What is the basis or foundation of labor laws If the law is clear, it should not be interpreted
The supreme court says that Raison d'etre or in any other way it should be followed accordingly. But
the main reason for labor law is Social Justice. But sometimes there are conflicting decisions because of
in People vs, vera reyes, Supreme court says that the doubtful provisions, in labor law it shall be resolved in
basis or foundation of the neacted labor laws is the favor of labor. The reason is those who are less in life
police power of the state-( power of the state to must have more in law and in the case of abella vs.
promote order,safety, health, morals and general NLRC this is to enable the workers to avail of the
welfare in the society. benefits of labor law and regulation and to give
maximum in aid and protection
 Balance in this law: In case of conflict, the
judge must not resolve the matter in favor of labor
agad2, there should be a balance. We must also
protect the rights of the employer kay No employer
no laborer. chur
In the case Susito vs. aguinaldo dev corp.
Management also has its right which is entitled to
protection such as the right to management of ROI
and rules of regulations.
Note: Steal a book daw. Major part hahahaha
Review the Constitution about labor prov.
Video Lecture No. 3 (September 7, 2022)
Art. 5. Rules and regulations. The Department of
Labor and other government agencies charged with
the administration and enforcement of this Code or
any of its parts shall promulgate the necessary
implementing rules and regulations. Such rules and
regulations shall become effective fifteen (15) days
after announcement of their adoption in newspapers
of general circulation.
The Department of labor and employment was
given by law (labor code) a quasi legislative powers so
that it can enforce and administer the provision of
the labor code pertaining to labor.
Quasi legislative power- issue rules and
regulations.
Quasi Judicial power- mitigate, try and decide
labor cases
Cases ;
Rizal impar insurance group vz. NLRC. The rules
and regulations issued by the DOL are not lost but
they have the force of law and must be afforded
great respect and must be complied in good faith.
CBTC employee union vs. Clave. The rules and
regulations issued by DOL to enforce and administer
labor laws must not be in conflict with the provision of
the law itself otherwise it becomes ultra vires,
beyond one's legal power or authority.
Study law on regular holiday pay.
General law on labor law
● no work no pay (pistol haha)
● if illegally terminated you are entitled to
back wages. (Ay kani)
Art. 6. Applicability. All rights and benefits granted
to workers under this Code shall, except as may
otherwise be provided herein, apply alike to all
workers, whether agricultural or non-agricultural. (As
amended by Presidential Decree No. 570-A, November
1, 1974)
law, the distinction only applies to those government
owned or controlled employees which GOCC was
created under the general law of the corporation.
Chapter 2
EMANCIPATION OF TENANTS
Video Lecture No. 3 (September 7, 2022)
…..When Cory took over, RA 6657 CAR-
Comprehensive Agrarian Reform Law, 1988, Art 7
to 11 superseded by RA 6657 CAR. (study CAR)
broom2 skkrrtt skkrtt.

Two classifications of workers

● Agricultural
● Non agricultural
Labor Law Strike is only available to private
employment not to the government because the gov is
covered under civil service, unless there is a provision
that says this prov. applies to government
employment. (old doctrine)
NAPOCOR- national pawong corp.ahahahahahha
Are government employees covered by the new
labor code ? It depends. As a general rule all
government employees are covered by civil service
 Chapter 2 referrals, contract services, promising or
BOOK ONE advertising for employment, locally or abroad,
PRE-EMPLOYMENT whether for profit or not: Provided, That any
Video Lecture No. 4 (September 7, 2022) person or entity which, in any manner, offers or
promises for a fee, employment to two or more
persons shall be deemed engaged in recruitment
Art. 12. Statement of objectives. It is the policy
and placement.
of the State. (familiarize the enumeration)

Provisions that are penal in nature.

Title I
● Anyone who offers a fee for employment
RECRUITMENT AND PLACEMENT OF WORKERS
to 2 or more persons without permit is

Chapter I criminally liable.

GENERAL PROVISIONS ● What if 1 person lang. SP says still

criminally liable regardless of the number

Illegal recruitment is penal in nature, it is a if without permit. The number of person

crime. Any violation of the labor code will entail a is for presumption of evidence only.

labor case, which is administrative in nature because

under labor law, labor cases shall be litigated before Art. 14. Employment promotion.

administrative agency. RA 8759 the PESO law - Public employment service

office. Purpose; To open a PESO office to

Art. 13 research job vacancies and take down the list

b. "Recruitment and placement" refers to any act and put it in their office to publicize.

of canvassing, enlisting, contracting, transporting,

utilizing, hiring or procuring workers, and includes SPES- Student Program for Employment of Students.
RA 6885 WHIP Law- Workers Hiring in Art. 17. Overseas Employment Development Board.
Infrastructure Projects. Transferred already to BOEA
It provides that a project undertaken by either
dpwh or private is undertaken in one area, Art. 25. Private sector participation in the recruitment and placement of
workers. Pursuant to national development objectives and in order to harness
contractors are mandated to hire 50 % of the
and maximize the use of private sector resources and initiative in the development
unskilled workers in that area and 50% for
and implementation of a comprehensive employment program, the private
skilled workers. employment sector shall participate in the recruitment and placement of
workers, locally and overseas, under such guidelines, rules and regulations as may
Art. 15. Bureau of Employment Services. be issued by the Secretary of Labor.

(exemption)
BLE- Bureau on Local Government
-Private sector can participate in the recruitment and
BOEA-Bureau on oversees employment
placement, as long as it has a permit to do so.

Art. 16. Private recruitment. Except as provided in

END OF PRINT
Chapter II of this Title, no person or entity other
than the public employment offices, shall engage in
the recruitment and placement of workers.
As a general rule, only the govt thru its
agencies can indulge in activities on employment and
placement recruitment.
(art 16 general rule)
(see art 25 for exception)
“GETS MO, FEEL MO, GAWIN MO”
 Video Lecture No. 5 diplomatic or consular officials concerned shall, even
without prior instruction or advice from the home
office, exercise the power and duty:
Art. 18. Ban on direct-hiring. No employer may hire a
Filipino worker for overseas employment except through
the Boards and entities authorized by the Secretary of - Monitor their whereabouts for their
Labor. Direct-hiring by members of the diplomatic protection.
corps, international organizations and such other - a. To provide all Filipino workers within
employers as may be allowed by the Secretary of Labor their jurisdiction assistance on all
is exempted from this provision. matters arising out of employment;
RA 8042- MWF workers act. - Gov. agencies to give assistance,
-To protect the employees - recruitment should to protect all OFW/ migrants
go through government agencies/licensed agencies (owwa,dfa, dole, poea)
(private).
● exempted from ban hiring Art. 22. Mandatory remittance of foreign exchange
○ Name hirees earnings. It shall be mandatory for all Filipino workers
abroad to remit a portion of their foreign exchange
Art. 19. Office of Emigrant Affairs.-abolished earnings to their families, dependents, and/or
- CFO (current) beneficiaries in the country in accordance with rules and
Art. 20. National Seamen Board.- regulations prescribed by the Secretary of Labor.

- POEA (current)
- OFW must remit part of their income,
Art. 21. Foreign service role and participation. To para maka kaon pa ang mga gipangbiyaan
provide ample protection to Filipino workers abroad, the kay nangabit ang ofw, hahahha.
labor attaches, the labor reporting officers duly - The REAL Reason is the more dollars we
designated by the Secretary of Labor and the Philippine have in the ph, Mas datu ta hahahaha.
 comprehensive employment program, the private
Art. 23. Composition of the Boards employment sector shall participate in the recruitment
❖ No longer available. and placement of workers, locally and overseas, under
❖ POEA already. such guidelines, rules and regulations as may be issued
❖ Search for the functions of POEA by the Secretary of Labor.
-
Art. 24. Boards to issue rules and collect fees. The
Boards shall issue appropriate rules and regulations to Art. 26. Travel agencies are prohibited to recruit.
carry out their functions. They shall have the power to Travel agencies and sales agencies of airline companies
impose and collect fees from employers concerned, are prohibited from engaging in the business of
which shall be deposited in the respective accounts of recruitment and placement of workers for overseas
said Boards and be used by them exclusively to promote employment whether for profit or not.
their objectives.
❖ Has quasi legislative powers- POEA (research) Art. 27. Citizenship requirement. Only Filipino citizens
or corporations, partnerships or entities at least
seventy-five percent (75%) of the authorized and voting
Video Lecture No. 6 capital stock of which is owned and controlled by
Chapter 2 Filipino citizens shall be permitted to participate in the
REGULATION OF RECRUITMENT AND recruitment and placement of workers, locally or
PLACEMENT ACTIVITIES overseas.
- Must be filipino controlled (research)
Art. 25. Private sector participation in the recruitment
and placement of workers. Pursuant to national Art. 28. Capitalization. All applicants for authority to
development objectives and in order to harness and hire or renewal of license to recruit are required to
maximize the use of private sector resources and have such substantial capitalization as determined by
initiative in the development and implementation of a the Secretary of Labor.
 ❖ Substantial capitalization- provided by the gov.
Thru DOLE
❖ Minimum capitalization - 200k single
proprietorship and partnership, 500k corpo
Art. 29. Non-transferability of license or authority. No
license or authority shall be used directly or indirectly
by any person other than the one in whose favor it was
issued or at any place other than that stated in the
license or authority be transferred, conveyed or
assigned to any other person or entity. Any transfer of
business address, appointment or designation of any
agent or representative including the establishment of
additional offices anywhere shall be subject to the prior
approval of the Department of Labor.
❖ License is not transferable.
Art. 30. Registration fees. The Secretary of Labor
shall promulgate a schedule of fees for the registration
of all applicants for license or authority.
❖ Read
Art. 31. Bonds. All applicants for license or authority
shall post such cash and surety bonds as determined by
the Secretary of Labor to guarantee compliance with
prescribed recruitment procedures, rules and
regulations, and terms and conditions of employment as
may be appropriate.
❖ Read
Art. 32. Fees to be paid by workers. Any person
applying with a private fee-charging employment agency
for employment assistance shall not be charged any fee
until he has obtained employment through its efforts or
has actually commenced employment. Such fee shall be
always covered with the appropriate receipt clearly
showing the amount paid. The Secretary of Labor shall
promulgate a schedule of allowable fees.
❖ The private fee charging recruitment and
placement agencies shall not charge any fees
until the recruited person shall obtain
employment through their efforts.
❖ Note: RULE 5 sec. 1 and 3 POEA implementation
❖ RULE 8 rules and reg. governing private
recruitment and placement agencies for local
employment
Art. 33. Reports on employment status. Whenever the
public interest requires, the Secretary of Labor may
direct all persons or entities within the coverage of this
Title to submit a report on the status of employment,
including job vacancies, details of job requisitions, f. To engage in the recruitment or placement of workers in jobs
separation from jobs, wages, other terms and conditions harmful to public health or morality or to the dignity of the
and other employment data. Republic of the Philippines;
❖ All fee charging agencies must make a periodic g. To obstruct or attempt to obstruct inspection by the Secretary
report on the status of the employment of the of Labor or by his duly authorized representatives;
h. To fail to file reports on the status of employment, placement
recruited person.
vacancies, remittance of foreign exchange earnings, separation
from jobs, departures and such other matters or information as
Art. 34. Prohibited practices. It shall be unlawful for
may be required by the Secretary of Labor.
any individual, entity, licensee, or holder of authority:
i. To substitute or alter employment contracts approved and
❖ a. To charge or accept, directly or indirectly, any amount greater
verified by the Department of Labor from the time of actual
than that specified in the schedule of allowable fees prescribed by
signing thereof by the parties up to and including the periods of
the Secretary of Labor, or to make a worker pay any amount
expiration of the same without the approval of the Secretary of
greater than that actually received by him as a loan or advance;
Labor;
b. To furnish or publish any false notice or information or
j. To become an officer or member of the Board of any corporation
document in relation to recruitment or employment;
engaged in travel agency or to be engaged directly or indirectly in
c. To give any false notice, testimony, information or document or
the management of a travel agency; and
commit any act of misrepresentation for the purpose of securing a
k. To withhold or deny travel documents from applicant workers
license or authority under this Code.
before departure for monetary or financial considerations other
d. To induce or attempt to induce a worker already employed to quit
than those authorized under this Code and its implementing rules
his employment in order to offer him to another unless the
and regulations.
transfer is designed to liberate the worker from oppressive terms
and conditions of employment;
❖ Penal in nature - Art, 38 talks about illegal
e. To influence or to attempt to influence any person or entity not
to employ any worker who has not applied for employment through recruitment, Any recruitment activities,
his agency; including the prohibited practices enumerated
under Article 34 of this Code, to be undertaken
 by non-licensees or non-holders of authority,
shall be deemed illegal and punishable under
Article 39 of this Code.
Art. 35. Suspension and/or cancellation of license or
authority. The Minister of Labor shall have the power
to suspend or cancel any license or authority to recruit
employees for overseas employment for violation of
rules and regulations issued by the Ministry of Labor,
the Overseas Employment Development Board, or for
violation of the provisions of this and other applicable
laws, General Orders and Letters of Instructions.
❖ Read
Chapter 3
Miscellaneous provisions
Art. 36. Regulatory power. The Secretary of Labor
shall have the power to restrict and regulate the
recruitment and placement activities of all agencies
within the coverage of this Title and is hereby
authorized to issue orders and promulgate rules and
regulations to carry out the objectives and implement
the provisions of this Title.
❖ Quasi legislative power.
Art. 37. Visitorial Power. The Secretary of Labor or
his duly authorized representatives may, at any time,
inspect the premises, books of accounts and records of
any person or entity covered by this Title, require it to
submit reports regularly on prescribed forms, and act
on violation of any provisions of this Title.
❖ Includes the power to inspect not just the
vicinity but also the books or the accounts, as
far as the recruitment of the applicants is
concerned.
Video Lecture No. 7
Art. 38. Illegal recruitment.
❖ Read
❖ Penal in nature
❖ b. Illegal recruitment when committed by a
syndicate or in large scale shall be considered
an offense involving economic sabotage and
shall be penalized in accordance with Article 39
hereof. - Life imprisonment
❖ 2-3 person illegally recruiting (syndicate) - LI
❖ 1 person but 2 or more person was illegally
recruited - LI
 ❖ 3 or more (Large scale) - LI
❖ People vz. Calonzo
❖ C. The Secretary of Labor and Employment or his duly authorized
representatives shall have the power to cause the arrest and
detention of such non-licensee or non-holder of authority. The
Secretary shall order the search of the office or premises and
seizure of documents, paraphernalia, properties and other
implements used in illegal recruitment activities - salazar vs.
atsakucho, SC ruled that par. C is unconstitutional. Only judges
can issue warrants and warrants of arrest.
❖ Review warrantless arrest (criminal procedure)
❖ NRA cannot be employed in the Philippines
unless the NRA has a permit issued by the
DOLE. NRA applying for permit can be given a
permit if there is no Filipino citizen capable of
such work.
Art. 41. Prohibition against transfer of employment
❖ Non transferable
Art. 42. Submission of list

❖ ❖ Submit periodically.
Art. 39. Penalties.
❖ Read

Video Lecture No. 8

Title 2
EMPLOYMENT OF NON-RESIDENT ALIENS

Art. 40. Employment permit of non-resident aliens. Any

alien seeking admission to the Philippines for employment
purposes and any domestic or foreign employer who
desires to engage an alien for employment in the
Philippines shall obtain an employment permit from the BOOK TWO
Department of Labor. HUMAN RESOURCES DEVELOPMENT PROGRAM
 Title I - a. "Apprenticeship" means practical training on
Chapter I
the job supplemented by related theoretical
instruction. OJT (not the school req.)
Art. 43 to 56
- With salary.
- Read
- Replaced by TESDA LAW. RA 7796
Art. 59. Qualifications of apprentice
- 14 yrs old or over
- read
Art. 60. Employment of apprentices.
- Only employers in the highly technical
Title 2
TRAINING AND EMPLOYMENT OF SPECIAL
industries may employ apprentices and only in
apprenticeable occupations approved by the
WORKERS
Secretary of Labor and Employment.
Chapter I
Apprentices
Art. 61. Contents of apprenticeship agreements.
NOTE: - Agreement should not exceed 6 months. After
Special workers - Apprentice, learner and handicapped the 6 months (kick or in naka dapat)
workers. - Apprenticeship is the exemption to the
Special group- women, minor, house helpers and home minimum salary wages must not below 75% of
workers.
the min wage.

Art. 57. Statement of objectives.

Art. 62. Signing of apprenticeship agreement.
- Read
- read
Art. 58. Definition of Terms
-
Art. 63. Venue of apprenticeship programs. Video Lecture No. 9
Art. 64. Sponsoring of apprenticeship program Chapter I1
Art. 65. Investigation of violation of apprenticeship LEARNERS
agreement
Art. 66. Appeal to the Secretary of Labor and Art. 73. Learners defined.
Employment. Learners are persons hired as trainees in
- Read semi-skilled On The Job Training which shall not exceed
Art. 67. Exhaustion of administrative remedies. three (3) months.
- The doctrine of exhaustion of administrative
remedies. Art. 74. When learners may be hired.

- The exception is the Doctrine of political Learners may be employed when no experienced
workers are available, the employment of learners is
agency. (go to court)
necessary to prevent curtailment of employment
- .
opportunities, and the employment does not create unfair
Art. 69. Responsibility for theoretical instruction
competition in terms of labor costs or impair or lower
Art. 70. Voluntary organization of apprenticeship
working standards.
programs; exemptions.

Art. 75. Learnership agreement

Art. 71. Deductibility of training costs.
- ½ of their expenses in the program should be
deductible.
Art. 72. Apprentices without compensation
- Not below 75%.
Art. 76. Learners in piecework.
Learners employed in piece or incentive-rate jobs
during the training period shall be paid in full for the work
done.
 Art. 80. Employment agreement.
Art. 77. Penalty clause. - Any employer who employs handicapped workers
Any violation of this Chapter or its implementing shall enter into an employment agreement with
rules and regulations shall be subject to the general them, which agreement shall include:
penalty clause provided for in this Code. 2. The rate to be paid the handicapped workers which shall not be less than
- ART. 302,303 seventy five (75%) percent of the applicable legal minimum wage;
- Penal in nature - Duration: No law, it is agreed upon by the parties.
- MAGNA CARTA
Chapter I1 - Handicapped can be regular employees after the
HANDICAPPED WORKERS expiration of the agreed terms.

Art. 78. Definition. Art. 81. Eligibility for apprenticeship.

Handicapped workers are those whose earning - Subject to the appropriate provisions of this Code,
capacity is impaired by age or physical or mental deficiency handicapped workers may be hired as apprentices or
or injury. learners if their handicap is not such as to
effectively impede the performance of job
Art. 79. When employable. operations in the particular occupations for which
Handicapped workers may be employed when their they are hired.
employment is necessary to prevent curtailment of
employment opportunities and when it does not create
unfair competition in labor costs or impair or lower working
standards.
 Video Lecture No. 10 JURISPRUDENCE
MOST IMPORTANT - Elements (SC ruling)
➔ The selection and engagement of the
BOOK THREE
employee. The right to hire
CONDITIONS OF EMPLOYMENT
Title I ➔ The Payment of wages
WORKING CONDITIONS AND REST PERIODS ➔ The Power of dismissal.
Chapter I ➔ The employer's power to control the
HOURS OF WORK employee. Control test
➔ Another SC ruling, Control test, is the most
Art. 82. Coverage.
important element.
- The provisions of this Title shall apply to employees
➔ Sep. 2 SC ruling. It is the control power test
in all establishments and undertakings whether for
and economic dependency test.
profit or not, but not to government employees,
➔ Dumasig vs. NLRC. This is an administrative
managerial employees, field personnel, members of
case, substantial evidence is required.
the family of the employer who are dependent on
➔ Opoloncia vs NLRC. sc ruled that testimonial
him for support, domestic helpers, persons in the
evidence is already substantial evidence.
personal service of another, and workers who are
➔ Employment relation is not based on contract
paid by results as determined by the Secretary of
but by law.
Labor in appropriate regulations.
- Supervisor is a manager.
- It is essential that there is an employee-employer
Art. 83. Normal hours of work.
relationship for this to take effect.
- The normal hours of work of any employee shall not
exceed eight (8) hours a day.

Art. 84. Hours worked.

 - Hours worked shall include (a) all time during which equivalent to the rate of the first eight hours on a
an employee is required to be on duty or to be at a holiday or rest day plus at least thirty percent
prescribed workplace; and (b) all time during which (30%) thereof.
an employee is suffered or permitted to work. Rest
periods of short duration during working hours shall Art. 88. Undertime not offset by overtime.
be counted as hours worked. - Undertime work on any particular day shall not be
offset by overtime work on any other day.
Art. 85. Meal periods. Permission given to the employee to go on leave on
- Subject to such regulations as the Secretary of some other day of the week shall not exempt the
Labor may prescribe, it shall be the duty of every employer from paying the additional compensation
employer to give his employees not less than sixty required in this Chapter.
(60) minutes time-off for their regular meals. Art. 89. Emergency overtime work.
Art. 86. Night shift differential. - Any employee may be required by the employer to
- Every employee shall be paid a night shift perform overtime work in any of the following cases:
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 Art. 90. Computation of additional compensation.
the morning. - For purposes of computing overtime and other
Art. 87. Overtime work. additional remuneration as required by this Chapter,
- Work may be performed beyond eight (8) hours a the "regular wage" of an employee shall include the
day provided that the employee is paid for the cash wage only, without deduction on account of
overtime work, an additional compensation facilities provided by the employer.
equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. Work Chapter II
performed beyond eight hours on a holiday or rest WEEKLY REST PERIODS
day shall be paid an additional compensation
Art. 91. Right to weekly rest day
Art. 92. When employer may require work on a rest
day
Art. 93. Compensation for rest day, Sunday or holiday
work.

Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

Art. 94. Right to holiday pay.

Art. 95. Right to service incentive leave
Art. 96. Service charges.