Th e

Taxation on Compensation Income of Filipino Citizens By Atty. Victorino C. Mamalateo New Handbook on Workers' Statutory Monetary' Abstracts of Selected Supreme Court Benefits (DOLE Bureau of Working Conditions): Decisions in Labor Law '-----~ __ ~B Vice=-=-.nte B.~Foz __.

~c!ln_~!itsiimpllml,ntingrUIIS InD . . rlgulltiln~ 2001-2008 EDITION
APPENDICES
Migrant Workers and Overseas Filipino Act & Its Omnibus Implementing Rules & Regulations POEA rules & regulations on land-based overseas workers Wage Rationalization Act with implementing rules, guidelines on minimum wage fixing, exemptions & double indemnity for noncompliance National Health Insurance Act & its implementing rules/regulations Social Security Act of 1997 Government Service Insurance Act of 1995 Home Development Mutual Fund (pag-IBIG Fund) Amended Rules on Employees Compensation Contribution schedule of SSS, PhilHealth & ECC Paternity Leave Act Special Protection of Children vs Child Abuse, Exploitation & Discrimination Act, as amended by RA 9231 for Elimination of Worst Forms of Child Labor and Stronger Protection for Working Child Anti-Sexual Harassment Act Regular holidays,specialdays & Muslim holidays Guidelines on the Right to Organize of Government Employees (EO 189) with implementing rules & regulations Strengthening Prohibition on Discrimination vs Women New Retirement Law Minimum Wage for Househelpers Magna Carta for Disabled Persons Technical Education & Skills Development Act of 1994 Compressed Workweek Scheme DOLE Explanatory Bulletin on Part-Time Employment Primer on Strike, Picketing & Lockout Revised NLRC Rules of Procedure NLRC Manual of Execution of Judgments NCMB Manual of Procedures for Conciliation & Preventive Mediation Guidelines on voluntary arbitration, subsidy and free legal aid, overseas performing artists, employment permits for foreign nationals, employment and working . conditions of security guards, homeworkers and construction workers Rules & regulations of the Public Employment Service Act of 1999 Hours of work, compensation & employment status of teaching personnel
Compiled, Edited & Published by:

allhe Philippines

p."~';!!"""d
~ Department

VICENTE B. FOZ

or Trude

with & Industry

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LABOR'COI)E'
~~':'OF THE,' \' PHILIPRI,NES'·
A decree I,u;titutin.g "Lab~r €od~, therf;!by r~vising and.consolidating labor and ~~clallaws, to afford protection to labor,promo,te emplQymentand humanreSour(es'development and insure industrial ,'peace based on s~cialjustlce.
amended by Presidenti~I' De'cr~ Nos.570-~ ,626, 643,823, 819, 850, 866-A, 891,1367.1368.1391.1412, 1641,1691,1692~1693,1920, 1921,and 201';Batas Pambansa Big. 32,70,130, and 227; Executive Order NO$.47,111.126~ 179,180,203,247,251,252, 307; and Republic Ac;tNos. 6640,6657~6715,6725,6727,7641; 7655. 7700, 7730, 7796~ ,8042,8188, 8558 and ,9347) .
, " "

Presidential ,Decree' No. 442
. I '

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849,

And its Revised I,mplementing , ,Rules and Regulations ' With Appendices and ,Abstracts of Selectf:!dSupreme 'Court DeCisions' '2007 EDITION
Compiled, Edited & Published by )

VICENTE B. FOZ

:··liie!!28 Consul St., Fairview Park, Quezon. City .' MetropOlitan Manila, Philippines ' Tel. No: 939-4370; Fax No: 936':0841 ' \ EmaUs: vicente_foz@skydsl.c:om.ph, vic_foz@yahoo.com, v.foz@lycos.:~m
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......... Title II ...... Chapter II . Chapter II .Employment of Minors : 31 Chapter 111.Hours of Work :.Ernplqyrnent of Non-Resident Aliens... 19 Title 11...... 58 Chapter 11...... BOOK FOUR: HEALTH.....................................................Weekly Rest Periods...... Chapter IX ......Administration. SAFETY... 41 Chapter VI.Medical...Regulation of Recruitment and PlacementActivities.Rights arld Conditions of Membership.General Provisions........ 48 1 2 oc :.. 55 Titie 111..Bureau of Labor Relations........... Chapter II ..... ....Contributions 41 10 Chapter V ......... Title 11..Medcal Benefits '........: 45 10 ' ... 24 Chapter VI ...Employment of Househelpers............Registration and Cancellation...MinimLim Wages Rates.!.................... Chapter 111. as amended) PRELIMINARY TITLE ' U Chapter I .Occupational Health and Safety 35 3 Title 11.EmploymentofWomen....... .. 20 Chapter 11.... 48 Title II-............ 52 Chapterill-Appeal ......Unfair Labor Practices. 21 Chapter 111...............Training and Employment of Special Workers ....Powers and Duties..Administration and EnforcemenL. 64 Chapterl-Concept.....Records...Policy and Definitions.Working Conditions and Rest Periods..'..... ..Medcare :.. 48 Chapter 11.Preliminary Matters.........National Manpower Development P~ram ..Handicapped.......Unfair Labor Practices of Ernpl6yers 64 Chapter 111. 33 Chapter 1..Rights of Legitimate Labor Organizations ': 62 Title V ......... ........................... and Placement of Workers ......' : : ' Chapter I ...... 50 ........... 32 Chapter IV ..Definitions :.....Holidays.............Disability Benefits............Payment of Wages...... .... 44 .... 50 Chapter 1........:..........Policy.....Emancipation ofTenants.........'.................:.. 21 Chapter IV ...............National Labor Relations Commission.... 36 Chapter 11... :' ...Policy and Definitions.... Chapter I ...... Dental arid Occupational Safety · 34 Chapter I ..Medical and DentalServices 34 Chapter 11....... ... 18. 65 ...........Coverage and Liability............... 27 Title 111.. .. BOOK TWO: HUMAN RESOURCES DEVELOPMENT PROGRAM Title I . 442....... ~ ........... AND SOCIAL WELFARE BENEFITS Title I .. Chapter 11.........Ernployees' Compensation and State Insurance Fund......... Reports and Penal Provisions I 46 10 Tille 111...Awrentices .Coverage : .. 47 13 16 BOOK FIVE: LABOR RELATIONS 16 Title 1....... Organizations :. 20' Chapter 1....... 29 Chapter 11.... 47 13 Title IV -Adult Education.. 17 Chapter 11. BOOK ONE: PRE-EMPLOYMENT Title I....Prohibitions Regardng Wages ....National Policies and Administrative Machinery for their Implementation....Unfair Labor Practices of Labor ...... 39 j.. 64 ..ChapterVIII-Provisi'ons Common to Income .................... 60 Chapter 111....Creation and Composition..........................Wages... 36 3 Chapter 1....Working conditions for Special Groups of Employees 29 Chapter 1.1? Chapter I ........ 23 Chapter V:'" Wage Studies! Wage Agreements and Wage Determination..... Chapter IV ....General Provisions . Service Incentive Leaves and Service Charges. 38 78 Chapter 111..Employmentof Horne-wonera................Learners........ 58 Chapter 1.......... :............ Chapter 111..............Chapter I .....TABLE OF CONTENTS THE LABOR CODE OF THE PHILIPPINES (Presidential Decree No...... BOOK THREE: CONDITIONS OF EMPLOYMENT Title I ........63 Title VI...... Recruitment............. 57 Title IV -labor Organizations :.... Chapter II ..... 42 ChapterVIl-Death Benefits. Benefits .......... Chapter III-Miscellaneous Provisions .........

Employment of Homeworkers .' ·144 Rule V . Chapterll-Assistatlce to Labor Organizations : '. of greements .Foreign ActivitieS....' ..... .Grievance Machinery'and Voluntary ..... Functions and Areas of Responsibility 99 Rule III ..Occupational Health and Safety........ 70 70 BOOK SEVEN: TRANSITORY AND FINAl..Cancellation of Registration of Labor 118 Organization 158 Rule VIII......... 329... Title I~ Terminationof Employment.. and its Omnibus ImplementingRulesand Regulations.......... 126 Rule X -Actninistration and Errployment .....Title VII . Rule IX......Conduct ¢Certification Elections ... 93 BOQK II: NATIONAL MANPOWER DEVELOPMENT PROGRAM .Apprenticeship Training and Employment of Special Workers . 150 Rule I-A.....Peraltiesfor Violation..: 130 Rule XIII..' ::..... p. 112 Organizationsand Workers' Rule IV .Determil1ationof RepresentationStatus 146... 74 77 79 Book SIX: POST-EMPLOYMENT 68 ... Chapter III '.. 1. 145 RuleVI.II-Certification Election .. Migrant Workers & Overseas Filipinos Act of 1995. 112 RuleXII ..Wages Studies and Determination.Handicapped Workers .... .............. 152 PersonneL :.... NightShift Differential. · 111 .... 102 RuleVII-Leamers : . Labor Organizations and Workers' Associations :· : ... Arbitration Title VIII . 119 RulesXV-CancelhitionofRegistrationofLabOr. Recruitmentand Placementfor Local Errployment (1995) .:.. 376) RuleXIV-Employmentof Aliens :..... 13~ Rule 11.......... 79 80 80 OMNIBUS RULES IMPLEMENTING THE LABOR CODE BOOK I: PRE-EMPLOYMENT The Rules and Regulation~ Goveming . Rule VIII -A ..: 100 Rule I\( -:-Industry Boards ....Con tractinga ndSubco ntracting.....Coverage otthe Right to Self~ Organization 142 RUle III ....Reporting Requirements of Labor Organizationsand Workers' Associations .. ..... Appendix "L"..... 158 .. 7~ Title 11-Prescriptionof Offenses and Claims..RuleXI:"'lnter-lntraUnion Disputes.. p.Appendix "M".Definitions of Terms : 98 Rule" -......':....Run-Off Elections ...Elections of Officers Of Labor ' Rule 111. .. ' 107 Rule VIII ..: ..... RUleVII...Hoursof Work 109 'Rule IX ..... 102 Rule VI .....Hoursof Work of Hospital and Clinic......Rule 1. p......... Chapter IV.Training and Development...... ' Rule XIII-Administration ofTrade Union Funds Rule VI .: : 147 Rule 1.Strikes and Lockouts..Strikes and Lockouts and Foreign Involvement In Trade Union Activities Chapter 1. 127 RUleXI-Adjudicatory Powers : : 130 Rule XII. · Organization due to Non-Corrpliance ' with Reportorial Requirement............DefinitionofTerms .. 156 'Rule VII. 116 Rule XIV ..Transitory and Final Provisions...Provisions Commonto the Registration of ...Holidayswith Pay 114 Associations 155 Rule V-Service Incentive Leave 115 .Weekly Rest Periods.... 101 Rule V-National Skill Standards .....Service Charges :.. 74 Title III .Voluntary Recognition 146 BOOK III: CONDITIONS OF EMPLOYMENT RuleVI...... .WELFARE BENEFITS Rule I .Retirement from the Service :...15 and ActionsArising Therefrom....Collective Bargaining andAdministration ... RuleX . Rule I . Title II ..........Payment of Wages .. TitieVII-A....:.... 108 .Registration of Labor Organizations.. 142 Rule IV ............Medical and Dental Servic~ Rule 11.... 83 (See POEA Rules and Regulations Goveming Recruitment and Employment of Larid:>ased Overseas Workers 2002..Appendix "N"........... i 135 137 I BOOK V: LABOR RELATIONS ........ 365.................................. :: 152 Rule 11-... PROVISIONS 73 Title 1.Penal Provision artd Uabilities... Title IX-Special Provisions 66 :.. 134 BOOK IV: HEALTH SAFETY AND..EmploymentofHousel:l9lpers 132 Rule XIV .Wages..... ...Employment of Women and MlnorS.

............. General Provisions .. 220 . Review by the Commission 2...... B. 202 Definitions 202 Membership in the GSIS 203 ..SSS Guidelines on coverage of ..229 .. : 216 " .... : . · . Implementing Provision ~37 (See Annexes A. 212 H.......... C... .. Benefits 226 Rul~ VIII.. 228 ....and D (Occupational deeasee. "Gn -Amended Rules on Employees COmpensation . Medical benefit... Death : 232 Rule XIV. Gompensability y: 223 Rule IV...General Provisions ~uleXXVI..•... 'Penal Provisions : : 216 "E" -Instituting Umited portability scheme in Social Security Insurance System 219 "P ...paqes 318-320 ) 'D" .... Adjucication of Claims and Disputes. RuleXXIlI-Conte!ll)t. compensation and employment .... FuneraIHenefits 233 Rule XV. Rule XXIV .. Coverage of the System 177 D. Conciliation.. .Venue of ActionS : Rule 11.•...Central Registry of Labor Organizations and Collective BargainingAgreements Rule XIX ........... Permenent Iotel Disability Ru1eX11....• BOOK VI: POST·EMPLOYMENT Rule I ....187 "B" . TRANSITORY AND FINAL PROVISIONS Rule 1. Retirement..... status ofteaching personnel 325 ..: Rule XVII .... Rule III.. RuleX... TemporaryTotal Di~bility : 230 .. Adminislration . 209 F. Regislration : 222 .. FundsofGSIS : ~ 210 G... and PhilhealthCirculat No......2007) 192 'C" .20(6) 279 "J" Implementation of Compressed Workweek Schemes: : : ·320 "K~ Hours of work.Non-Paying Members and Revised Claim Forms 194 (See PhilHealthAdvisory 07~01-2006 on new premium contribution schedule torermloyed sector for... Sources of Funds-Employment Records andReports :.R~leIV-DateofE~ectivity : . 2006... Definitions 175 C..Phil Health Contribution Schedule.Contribution Schedule for SSSI Employees Compensation (effecfive Jan..Execution of Decisions... 170 : 171 APPENDICES "A" ... and policy issuances) on .. . 1... 234 RuleXVlI....... Benefits.... or Orders ... Rule XXI .....Social Security System ' 172 A DeclarationofPolicy : 172 B. I.. PermanentPartiql Disability .. .. Computation of Benefits. 2007..Grievance Machinery and Voluntary Arbitration . SettiementofClaims 236 Rule XIX.•.. Beneficiaries 233 Rule XVI..... periodic 'medical examinations. pages 238-257 "H" Amended National Health Insurance Act 259 "In Revised Rules and Regulations of the National Health InsuranceAct (with Cirrular 14....36 Rule XX.......Rule XVI... Funds of the System..•.. Awards... 222 Rule II.... Strikes and Lockouts...Labor Management and other Councils . Sources of Funds..... Coverage '.Collective Bargaining Agreement .. Rule XX ..Prescription bf Actions Rule 111-LawsRepealed: ~ ... Liability ....... Appliances and Supplies : 227 Rule IX...•.Accreditation 234 RuleXVIll. Penalties 237 Rule XXI. C. : ...' Rule XXV ... BOOK VII: PRESCRIPTION. 159 160 161 161 163 163 164 166 166 166 166 167 169 169 :.househelpers . ' 224 RuleV.. Benefits 204 E.... Employer'sContribution : . RuleXI. 231 Rule XII I... 203 D.Transitory Provisions ' .......Registration of Collective Bargaining Agreements ..Termination of Employment and . 224 ' Rule VI.... first inside page of this book. Rehabilitation Services :...... Rule I. "L" POEA Rules & Regulations on Landbased Overseas Filipinos : • 329 "M"' Migrant Workers & 'Overseas Filipinos Act of 1995 (RA 8042) 365 A B.Lcibbr Education and Research ~:... 183 F..Revised Government Service Insurance Act of 1997 . Employer's Rec9rds and Notices.. Rule XXII-. on coverage of avian influenza and influenza pandernic. Rule XV! II .14 s.. Medical Services. ~ 178 E. Definition Related to Ciedted Eamings 225 Rule VII....... 222 ............

..... Exploitation & Discrimination Act (RA 7610) : ~ 568 "ZZ" Hazardous Work & Activities for Persons Below 18 Years of Age (DO No...... 485 "FF" ImpietTl91ting Rules of RA6971 487 "GG" Regular holidays......es on the Right to Organize of Govemment EfTl)ioyees....... 496 "KK" Revised Guidelines on 13" Month Pay 498 all" Teachers' overload pay in 13th month computation .. 435 "l" Procedural Guidelines in the Conduct of VoluntarY Arbitration Proceedings. 435 "U" Revised Guidelines in the Accreditation & Delisting of Voluntary Arbitrators............ 07..... . 407 "Q" Primer on Strike... 494 "H H" Guidelines on compensation for regular and special days : ·495· "II" 13"MonthPayLaw(PD851) 496 "JJ" Implementing Rules of PO 851..... "0" . Underground Mine Employees 516 Workers' Statutory Monetary.............. 444 W Revised Voluntary Arbitration Procedures. ...... Series of 2001) ' 604 "HH H" Omnibus Guidelines for the Issuance of Employment Permits to Foreign Nationals (DO No.. Picketing & Lockout. ... Benefits (Bureau ofWorking Conditions Handbook....... (forprivate sector) ....... ... 514 \ "N" "SS" labor Advisory on Retirement Pay Law ............ 585 "EEE" Guidelines Goveming Occupational Safety & Health in the Construction Industry 589 "FFF" Implementing Rules and Regulations of the Public Employment Service Act of 1999 (DO No.............. 55)....... 'DOLE Bulletin on Part-Time Employment............ 447 "yo W8/Ji3RationalizationAct(RA6727) { 450 "Z" Rules IfTl)Iementing RA 6727........ Guid~lin.. Certification. 10............'624 "MMM" Taxation on Compensation Income of' / -.: 600 "GGG" Revised Guidelines on the Training.... 482 "DO" Guidelines on the Imposition of Double Indemnity for Non-Compliance With the Prescribed Increases of Aclustments in Wage Rates ·483 "EE" ProductivitylncentivesActof1990(RA6971) . and Deployment of Overseas Performing Artists (DO No... Testing. 501 "00· Rules on Employment of Workers in the Construction Industry.... Series of 2001) 607' "III" Guidelines Governing the Employment and Working Conditions of Security Guards and Similar Personnel in the Private Security Industry (DO No..... ..... 583 "DOD" Guidelines for Classifying Hazardous & NonHazardous EstablistJments.......................578 "AAA" Anti Sexual Harassment Act of 1995 (RA 7877) ... 56)........... 513 "RR" Rules Implementing the New Retirement ·law :.. .. 442 "V" Guidelines on Voluntary Arbitration Fees & Subsidy : .... Series of 2001) 609 •JJJ" Technical Education & Skills Devel~mentAct of 1994 (RA7796) 615 "KKK" Home Development Mutual Fund Law of 1980 (Pag-IBIG Fund) ... 14.... 417 "R" NCMB Manual on Procedures for Conciliation ~ Preventive Mediation of 426 "S" Jurisdction over termination disputes (Policy .. ...... Special Days & Muslim Holidays (RA 9177)..' 580 "BBB" Patemity Leave Act of 1995 (RA8187) 582 "CCC" Implementing Rules of RA 8187 .......... .. .. 50 1 '"NN" Regulation on EmpicymentofHomeworkers ... 04......................... .............. Filipino Citizens by Atty....... 476 "CC" Execution of Final Orders of Regional Tri~e Wages & Productivity Boards (Policy Instructions No... Marnalateo : :: 628 "NNN'"'Abstracts of S81ectedS~reme Court Decisions in Labor law 632 Index 648 .. 12............. Series of 2000) ... Victorimo C...Omnibus Rules & Regulations Implementing RA8042 376 ...The New Rules of Procedure of the National Labor Relations Commission... 446 "X" ...................Instruction No... 1999)'............... 542 'WN' Implementing Rules for Elimination of the Worst Forms of Child Labor : 545 ·XX" Rules and Regulations to Gbvern the Exercise of the Right of Govemment Employ~s to Self-Organization 551 "YY" SPecial Protection of Children Against Child Abuse.. 507 "QQ" Disposition of Labor Stan~rd Cases under Article 128 (b).... i . 500 "M M" labor Advisory on Payment of Salaries Thru Automated Teller Machine (ATM)...... 516 OTT" Rules Prescribing the RetitementAge for ·uU" eases:... 2006 edition) 518 "VV" .392 "P" NlRC Manual on Execution of Judgment. 624 "LLL~ Magna Carta for Disabled Persons (RA 7277) ............. 457 "AA" Revised Guidelines on Exet'llltion from Wage Orders 469 "BB" Revised Rules of Procedure on Minimum Wage Fixing .......... 504 "PP" Disposition of Labor Standard Cases..

collective bargaining 'and negotiations.of voluntary modes in settling disputes. and promote full employment and equality of employment opportunities for all. 5. The . security of tenure.* ARf. 607 deferred the effectivity of portions of Book IV to January 1.' recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments. . Construction in favor of Labor. Declaration of basic poIiCY**.3. 440) promulgated on May I. 1974. 2. OF of workers to self-organization.They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. ensure equal work opportunities regardless of sex.This Decree shall be known as the "Labor Code of the Philippines. local and overseas. and a living wage: 1 .. collective bargaining. ** The 1986 Constitution provides: 'The State shallafford full protection to labor.This Code shall take effect six(6) months after its promulgation. . and peaceful concerted activites." * TheCode (PD No. organized and unorganized." ART. Name of decree. and to expansion and growth.All doubts in the implementation and interpretation of the provisions of this Code" including Its implementing rules and regulations. shall be resolved in favor of labor.THE LABOR. and shall enforce their mutual compliance therewith to foster industrial peace. 1975. They shall be entitled to security of tenure. "It shall guarantee the rights of all workers to self-organization. including concilialtion. humane conditions of work. including the right to strike in accordance with "law. ARf. "The State shall regulate the relations between workers and employers. Date of effectivity. ART. 1974 took effect on November 1.The State shall afford protection to labor. and regulate the relations between worker and employers: The 'State shall assure the rights 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. and humane 'conditions of work. "The State shall promote the principle of shared responsibility between workers and ' employers and the preferential use. . Rules and regulations. but PD No. CODE THE PHILIPPINES PRELIMINARY TITLE Chapterl GENERAL PROVISIONS ARTICLE 1. . promote fullemployment. Such rules' and regulations shall become effective fifteen (15) days after announcement of their . race or creed. 4.

land values and conditions of ownership. 7. or non-agricultural. including interest at the rate of six percent (6%) per annum. The government shall guarantee such amortizations with shares of stock in govemment-owned and govermnent -controlled corporations. .lltural. bondage. Art. In all cases. with the cooperative having a right if recourse against him. 27 shall be actually issued to him unless and until he has become a full-fledge member if a duly recognized fanners' cooperative. . 27 or the Land Reform Program of the Government in accordance with the provisions of Presidential Decree No. 10. Applicability. .to implement the provisions of this Chapter. Conditions of ownership. Chapter II EMANCIPATION OF'TENANTS* Art. Determination of land value. 1972.Being a vital part of the labor force.: In as much as the old concept of land ownership by a few has spawned valid and legitimate . Art. the Code of Agrarian Reforms and other existing laws and regulations.The Department of Agrarian Reform shall promulgate the n~ssary rules and regulations . apply alike to all workers. In case of default. the landowner may retain an area of not more than seven (7)hectai-es if such landowner is cultivating such area or will now cultivate it. it has become imperative to start reformation with the emancipation of the tiller of the soil from his . Title to the land acquired pursuant to Presidential Decree No. 9. 6. Statement of objectives . shall be paid by the tenant in fifteen (15) years of fifteen equal annual amortizations.All rights and benefits granted to workers under this Code shall. be paid by the farmers cooperative in which the defaulting tenant-farmer is a member. except as may otherwise be provided herein. grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental objectives of the New Society. Art. The total cost of the land. whether agricl. . Art. including illegal recruitment and penalties.No title to the land acquired by the tenant-fanner under Presidential Decree No. Implementation agency. Art.family-size farm offive (5) hectares if not irrigated and three (3) hectares if irrigated. . . the amortization due shall . .adoption in newspaper of general circulation.For the purpose of determining the cost of the land to be transferred to the tenant-fanner. Transfer orland to tenant workers. tenacy whether classified as landed estate or not shall be deemed owner of a portion constituting a. 27 on October 21. tenantfanners on private agricultural lands primarily devoted to rice and com under a system of share crop or lease. . 11. the value of the land shall be equivalent to two and onehalf (2-112) times the average harvest of three (3) normal crop years immediately preceding the promulgation of Presidential Decree No. BOOK ONE PRE-EMPLOYMENT Title I RECRUITMENT AND PLACEMENT OF WORKERS* ~See full text of the "Migrant Workers and OVerseasFilipino Act of 1995" (RA8042) which has superseded the overseas employment provisions of this Title on policies and other matters. 27. 8. (Appendix "M") 'See the Comprehensive Agrarian Reform Law (RA 6657) which has modified provisions on objectives.

and. directly or indirectly.' enlisting. contract services. Statement of objectives. 13. contracting. (g) "Seaman" means any' person employed in a vessel.' (h) "Overseas employment" means . (d)' facilitate and regulate the movement of workers 'in conformity with the national interest. resident permit or its equivalent in the' . . transporting.. Department of Labor authorizing a person or entity to operate a private employment agency. (g) To ensure careful selection of Filipino workers for overseas employment in order to protect the good name. 12.of Labor authorizing a person or association to engage in recruitment .by the Department. Definitions. (e) To regulate the employment of aliens.to inform applicants registering with a par- . of the Philippine abroad.terrns and conditions of' employment.Chapter I GENERAL PROVISIONS. (d) "License" means a document issued by the. or' procuring workers" and includes referrals.3 worker outside . in any manner. (f) "Authority means a document issued' . . whether employedor unemployed. utilizing. whether for profit or not: Provided. . 'worker or otherwise. \ (b) "Recruitment and placement" refers to any" act of canvassing. hiring.the Philippines. ' Art. recruitment and placement. Art. employment of . promising for advertising for employment locally or abroad. offers of promises for a fee employment to two or more To .> The Secretary of Labor sh~ll have the power and authority: 1 (a) To organized and establish new employment offices in addition to the existing employment offices under the Department of tabor as the need arises. placement activities as a private recruitment entity. (b) 'to protect every ~itizen desiring to work locally or overseas by securing him the best possible . locally or overseas. from the workers or employers or both.' '(f)' To strengthen the network of public employment offices and rationalize the' participation of the private sector in the recruitment and placement of workers. " (c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest. Locally and overseas. _ (a) "Worker" means any member of the labor' force. without charging directly or ' indirectly. and/or work permitsystem.irn:proved manpower training. allocation and utilization. • \ " I persons shall be deemed engaged in.(c) "Private fee-charging employment agency" means any person or entity engaged in the recruitment and placement of workers for a fee which is charged. (e) "Private recruitment entity" means any person or association engaged in the recruitment 'and placement of workers. _ It is the policy of the State: " ' (a) to promote and maintain a state of full employment through . 14~Employment Promotion. (i) "Emigrant" means any person. That any person or entity which. ' . including the establishment of a registration. or. any fee from the workers or 'employers. \ " \ ' Art. :. . to serve national development objectives. who emigrates to a foreign country by virtue of animmigrant visa . (b) To organize and establish a·· nationwide job c l e ar a n ce an d information system . . country of destination. engaged in maritime navigations.

** Superseded by Section 5 of RA No. exercise such power. industrial and geographical mobility of labor and provide assistance in the relocation of workers from one • area to another. and (d) To require any person. (2) Establishment and administer a machinery for the effective allocation of manpower resources for . (1) Formulate .Human Resources Development Program of the Labor Code. Order 797) ART. (EO No. It shall have the power and duty: . (c) To develop and organize a program that will facilitate occupational. no person or entity. organization or institution to submit such employment information as may be prescribed by the Secretary of Labor. Under its Section 3. (3) Develop and maintain a responsive vocational guidance and testing system in aid of proper ·humah resources allocation. 16. and Sections 29 and 30 of the Migrant Workers and Overseas Filipino Act of 1995 providing for deregulation of recruitment and placement activities for overseas employment. market information system in aid of proper manp<?wer and development planning. 797. establishment. Private recruitment.(a) The Bureau of Employment Services shall be primarily responsible for developing and monitoring a comprehensive employment program.Except as provided in . shall engage in the recruitnient vand placement of workers.policies. development. (Superseded by Exec. (6) Develop and maintain a labor.** (4) Regulate and supervise private sector participation in the recruitment and placement of workers locally under such roles and regulations as may be issued by the Secretary. 4 . arising out of or by virtue of any law or contracts involving Filipino workers for overseas employment except seamen: Provided. other than the public employment offices. created the Philippine Overseas Employment Administration In place of ·See Art. 797 . 17. p.Chapter II of this Title. The decisions of the National Labor Relations Commission shall be final and inappealable. (7}Formulate employment programs designed to benefit disadvantaged groups· and communities and. in the case of National Capital Region. 15. That the Bureau of Employment Services may. 98. 1982. ART. the Bureau of Local Employment is charged with the functions enumerated under Article 15 above.* . (5) Establishment and maintain a registration of work permit system to regulate employment of aliens. utilization and allocation.ticular employment office of job opportunities in other parts of the country as well as job opportunities abroad. Overseas Employment Development Board. 7796 or the "Technical Education and Skills Development Authority (TESDA) Act of 1994" See footnote under Book Two . whenever the Ministry of Labor deems it appropriate. May 1. (b) The regional offices of the Ministry of Labor shall have the original and exclusive jurisdiction over all matters or cases involving employer-employee relations including money claims. 25 which expressly provides for private sector participation in the recruitment and placement of workers. shall be appealable to the National Labor Relations Commission upon the same ground provided in Article 223 hereof. May I. 1982. *Executive Order No.maximum employment and placement. The decisions of the regional offices or the Bureau of Employment Services if so authorized by the Minister of Labor as provided in this Article. Bureau of Employment Services" . abolished the Bureau of Employment Services and created a Bureau of Local Employment to assume the functions of the Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services. Art. standards and procedures on productive nianpower resources. (8) Perform such other function as may be provided by law.

by such personnel and through such funding as are available within the Department and its attached agencies. ART.OEDB. (3) promote and facilitate re-integration of migrants into the national mainstream. of welf~re and cultural services. National Seaman Board. (b) The office shall.and exclusive jurisdiction to hear and decide (all claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas employment including the disciplinary cases. 5 . shall be prosecuted in . promote the well-being of emigrants and maintain their close link to the homeland by: (1) serving as a liaison with migrant communities. July 24. (c) Protect the rights of Filipino workers for overseas employment to fair and equitable recruitment and employment practices and ensure their welfare.(EO 797 creating POEA. including claim for actual. to the National Labor Relations Commission. its appropriation shall be made part. be manned and operated. 20. . (4) promote economic. Ban ondirect-biring. of the regular General Appropriations Decree.van Office of Emigrant Affairs is . (d) Exercise original. international organizations and such other *Original and exclusive jurisdiction to hear the subject matters enclosed by parentheses was transferred by Section 10 ofRA 8042. I employers as may be allowed by the Secretary of Labor is exempted from this provision. while paragraph [h] Was repealed by Section 10 of RA 8042. 1980) which replaced it with the Commission on Filipinos Overseas under the Department of Foreign Affairs. among others. 247. and)" all pre-employment cases which are administrative in character involving . Act of 1995. . of any law or contract involving Filipino workers for overseas deployment. ·Abolished by Batas Pambansa BIg. (a) Pursuant to the national policy to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data bank in aid of national manpower policy formulation.the regular courts in close coordination with appropriate Departments and agencies concerned ART. (b) Formulate . moral. among which are-enumerated below:) (a) Regulate private sector participation in the recruitment and overseas placement of workers by setting upa licensing and registration system. a system for promoting and monitoring the overseas employment of Filipino workers taking into consideration their welfare and the domestic manpower requirements. Thereafter. the Migrant Workers' Act of 1995. rules and regulations (including money claims arising therefrom)* or violation of the conditions for issuance oflicense or authority to recruit workers. exemplary and other forms of damages).. reorganizing the POEA~ provided for its functions.and' implement. when necessary. 20. All prohibited recruitment activities and practices which' are penal in character as enumerated and defined under and by virtue of existing laws. hereby created in the Department of'Labor. . (2) provision. AppendixM. The Office shall be a unit at the Office of the Secretary and shall initially. 19. and (5) generally to undertake such activities as maybe appropriate to enhance such cooperative links. to vest the Labor Arbiters of the NLRC with original and exclusive Jurisdiction tohear and'decide claims arising out of employer-employee relationship or by virtue. .No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Art. while EO No. the Migrant Worker. 18. Office of Emigrant Affairs: . political and cultural ties' with the communities. 79 (June 16. repealed paragraph [ajof Art. in coordination with appropriate entities concerned.or arising out of violation of requirement of laws. Direct-hiring by members of the diplomatic corps. . 1987.

office. ~dl '.Each of the principal substantive subdivisions of the Administration shall be headed by a Director and shall have such departments and Unitsasmaybe necessary. licensing. welfare.' . Boards to issue rules and be required of them from time to time. (d) To . and to make such information avail\ahte~and (f) To perform such other duties as may ~ . . Structural Organizjltion: .posited in the respective accounts of said or beneficiaries in the country in accord. 24. ploymentasChairman. the Administrator and a third' member. .Boards and be used by them exclusively to . Mandatory remittance' of foreign exchange earnings~ . matters arising out of employment.-. 13.'0 insure thatFilipino workers are . (b) The Administrator and such Deputy Administrator and Directors as may be necessary shall be appointed by the President uponrecommendation of the. 21. They shall have the .Secretary. ./ ART. employment. 22. (e) To gather and analyze information on the employment situation and its probable . (a) The Governing Board shall be com(h) 1. considered well(c) To verify and certify as requisite to authentication that the terms and conditions versed in . .ance with. which shall be deearnings to their families. Section 4 of which provided labor attaches. 247. (Repealed QYExecutive Order No. / Labor Code and rules and regulations of the Overseas Employment Development Board and National Seamen Board (POEA). Foreign service role and ART.t\RT.To provide ample pro. . the Offices of such number of Deputy Administrators as/may be necessary and the (a) To provide.make continuing studies or researches and recommendations on the various aspects of. the field of overseas employof employment in contracts involving Fill. /'.ministration shall consist of the Governprior instruction or advice from the home fig Board. even without . posed of the Secretary of Labor and Emnot exploited or discriminated again~t.It shall be out their functions. 6 . the July 24. participation. . the Office of the Administrator. Composition of tbe Boards. the labor reporting 'officers 'as follows: duly designated by the Secretary of Labor and the Philippine diplomatic or consular. 1987.The Adofficials concerned shall. (c) The functional structure of the Administration shall be established along the areas of market development. the employment market within their jurisdiction. -' The Boards shall issue appropriate rules and regulations' to carry f\RT.scribed bythe Secretary of Labor. exercise the.promote their objectives. dependents.) .trends. tection to' Filipino workers abroad. power: ' . I \ . all Filipino workers Office of the Director for each of the prinwithin' their jurisdiction assistance on all cipal subdivisions of its internal structure. . collect fees. rules and regulations pre.ment who shall be appointed by the Presipino workers are in accordance with the dent to serve for a term of two (2) years. regulation and adjudication.mandatory for all Filipino workers abroad power to impose and collect fees' from to remit a portion of their foreign exchange employers concerned.

31.. Fees to be paid by workers. 25. Travel agencies prohibited to recruit. the Secretary of Labor may direct the Secretary of Labor . and other employment data. locally or over.. ART. . license or authority shall post such cash and surety bonds as determined by the Secreagencies of airline companies are prohibited from engaging in the business of re. wages" other terms and' conditions. Capitalization.job vacancies. 30. 32. .The Secretary of. Allappliule of'allowable fees.all persons or entities within the coverage ofthis Title to submit a report on the status 'of employment. Chapterll REGULATIONOFRECRU~NT .. ·ART. I ' " - . . in the Recruitment and Placement of nor may such license or authority be transWorkers. 26. partcharging employment agency for employnerships or entities at least seventy-five' ment assistance shall not be charged any percent (75%) of the authorized and voting fee until he has obtained employment capital stock of which is owned and conthrough its efforts or has actually comtrolled by Filipino citizens shall be permenced employment. conveyed or assigned to any other opment objectives 'and ..All applicants for ART. rules overseas employment whether for profit or and regulations. It Article 25 should be read in relation to Sections 29 and 30 of Migrant Workers and Overseas ' details of job requisitions. Any transfer of business address.the private employDepartment of Labor.Whenever the public interest requires.in'order to harness person or entity.ferred. 7 .. Filipino Act of 19. ' for overseas employment. not. -. ART.' : ART.cense or authority. including . ) retary of Labor shall promulgate a schedART. . 28. 33.. AND PLACEMENT ACTIVITIES' i. ' applicants for license or authority. appointment or designation of any and maximize the use of private sector resources and' initiative in the development agent or representative including the estaband implementation of a comprehensive lishment of additional offices anywhere shall be subject to the prior approval of the employment program. Citizenship Requirement~-. ment sector shall participate in the recruitment and placement of workers. separation from . Bonds.ways covered with the appropriate receipt clearly showing the amount paid."'-Pursuant to national devel. Such fee shall be almitted to participate in the recruitment and placement of workers. Private Sector Participation than that stated in the Iicense or authority. locally and . and terms and conditions of employment as may be' appropriate. undersuch guidelines" rules and sch~dule of fees for the registrationof all regulations as may be issued by the Secretary of Labor.95which provide for the deregujobs. 27. ART: 29~ Non~transferability of u. a overseas.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 ART. . . The Secseas. lation ofthe recruitment and placement activities . .' Any person applying ~th a private fee OnlyFilipino citizens or corporations. Reports on employment stacense to recruit are required to have such substantial capitalization as determined by tus.Travel agencies and sales . Registration Fees. I I :.tary of Labor to guarantee compliance with cruitment and placement of workers for prescribed recruitment procedures. Labor shall promulgate. ' cants for authority to hire or renewal of'liART.

lati~n of License or Authority. any worker who has applied for employment through his agency.' ployment in orderto offer-him to another unless the transfer is designed to liberate ' seas Employment Development Board.same without the approval of the' Secretary of Labor. the coverage of this Title and is hereby (h) To fail to file reports on the status of authorized to issue ordersand promulgate employment.. health or morality or to the dignity . inspect the contracts approved and verified by the premises. (b) To furnish or. . . tual signing thereofby the parties up. directly or in. publish any false no. ~ that actually. 34. or to "indirectly in the management of a travel ' . his duly authorized representatives. _' The SecV by the Secretary of Labor. spection by the Secretary of Labor or by placement activities of all.. require it to submit reports regularly I .' . and . ments from applicant workers. placement vacancies. .erations other than those authorized under. General Orders and Letters (e) To influence or to attempttoinfluence any person or entity not to employ of Instruction.' of misrepresentation for the purpose of se.the National Seamen Board. Prohibited practices. or holder of authority: ' (a) To charge 'or accept. isitorial Power.of any person or entity covered by this Ti. or for violaditions of employment.. before de. tity. retary of Labor or his duly authorized rep(i) To substitute or alter employment resentatives may. : Chapter III (f) To engage in the recruitment or placeMISCELLANEOUS PROVISIONS ment of workers in jobs harmful to public . en. - \ . (j) To become an. matters or information as may be required .of the ART. Secretary of Labor shall have the power (g) To-obstruct or attempt to obstruct in. ART~37. information or document or commit. It including the periods of expiration of the . . regulations.make a worker pay any amount greater than agency. tion to recruitment of employment.agencies" within .ment for violation of rules and regulations issued by the Secretary of Labor. 36.jectives andimplement the provisions of ration from jobs. Suspension and/or Cancel. sepa. remit. 35.. and -the worker from oppressive terms and con. the Over .travel agency or to be engaged directly or scribed by the Secretary of Labor .the Board of any corporation engaged in fied in the schedule of allowable fees pre.aIiyamount greater than that speci.rules and regulations to carry out the obtanceof'foreign exchangeearnings. departures and such other this Title.. received by him as' ..The Secretary of Labor shall have the power to curing a' license or authority under this Code. Regulatory power. suspend or cancel any license or authority (d) To induce or to attempt to induce a to recruit employees for overseas employworker already employed to quit his em.to restrict and regulate the recruitment and. travel docuadvance. .to and 'tie. \ I . books of accounts and records Department of Labor from thetime of ac. . at any time. testimony. shall be unlawful for any individual. . licensee.officer of member of directly. . ART.parture for monetary or financial considtice or information or"document in rela.. this Code and its implementing rulesand (c) To give any false notice. I 8 .any act ART.'-' The !Republic of the Philippines..a loan or (k) To withhold or deny. tion of the provisions of'this and other applicable laws.

D Achacoso *In Hortencia Salazarvs. defines and penalizes illegal recruitment for overseas employment (Appendix "M"). 38. The Secretary shall order the search of the office_<>r remises and sei. DJegal Recruitment. (d) Ifthe offender is a corporation. workers for overseas 'employment. assojob-seekers. upon conviction thereof. ( c) unconstitutional and null and void. paraphernalia. -------------------. ' . their provisions apply to local employment. or both such imprisorur ent and fine.OOO)shall be forcement officer may initiate complaints imposed if illegal recruitment constitutes under this Article. properties' and other implements used in illegal recruitment activities and the closure of ART. *Part II of RA 8042. to be undertaken by .than. establishments and entities Any recruitment activities. in on prescribed forms. RNo. at the detention of such non-licensee or nonholder of authority if after investigation it discretion of the court' . economic sabotage as defined herein: (b) Illegal recruitment when committed (b) Any license or holder of authority by a syndicate or in large scale shall be found violating or causing another to vioconsidered an offense involving economic late any provision of this Title or itsimsabotage and shall be penalized in accordplementing rules and regulations shall.or both 'such imprisonment and fine at the dising out any unlawful or illegal transaction.000 nor more than PIOO. (c) The Secretary of Labor and Employnor more than eight years or a fine of not ment or his duly authorized representatives 000 shallhave the power to cause the arrest and less the P20. Penalties. March 14. ' . enterprise or scheme defined under the first cretion of the court·. (c) Any person who is neither a licenparagraph hereof See nor a holder of authority under this TiIllegal recruitmentis deemed committed in large scale if committed against three tle found violating any provision thereof or (3) or more persons individually or as a its implementing rules and regulations shall.OOO nor more than P50. I' .. * . par.oflife imprisonment and a fine of One Hundred Thousand Pesos (PIOO. upon ance with Article 39 hereof conviction thereof.PIO. p and if such officer is an alien he shall. 1990.ciation or entity responsible for violation. suffer the penalty of imIllegal recruitment is deemed commitprisonment of not less than two years nor ted by a syndicate if carried out by a group of three (3) or more persons conspiring and! more than five years or a fine of not less or confederating with one another in carry. G. 39. the Supreme Court declared Art. suffer the penalty group.OOO. and act on violations of any provisions of this TItle. ' /. without having been licensed or authorized to do non-licensees or non-holders of authority shall be deemed illegal and punishable unso. * ART. partis determined that his activities constitute a danger to national security and public nership. the penalty order or will lead to further exploitation of shall be imposed upon the officer or officers of the corporation.arrest. Tomas " and Ferdie Marquez. In the absence of any law explicitly or impliedly repealing Articles 38 and 39. The Secretary of Labor and Employment or any law en. of imprisonment of not less than four years . including the found to be engaged in the recruitment of prohibited practices enumerated under Article 34 of this Code.zure of documents. association or entity.(a) companies. partnership. stating that only a judge may issue warrants of search and .'':'' (a) The penalty der Article 39 of this Code. 81510. 9 . 38.

20P1. 41. The law created a Technical Education Skins and Development Authority (TESDA). . 1995) allowed employment of foreign nationals as an incentive to foreign investments. The employment permit nay-be issued to an non-resident alien or Ito the applicant employer after a determination of the non-availability of a. p. . special economic zones for foreign investors 'and RA 7918 (Feb. Title.both of which are authorized to use the same exclusively to promote their objectives. 40. and the " personnel and-functions pertaining to technicalvocational education in regional offices of the Department of Education. the Bureau-of Technical and Vocational Education (BTEV). foreign arid local addresses. and f'or m u l at e such *Superseded by the Technical Education. See full text ~fRA 7796.Any alien seeking admission to the Philippines for employment purposed and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor. BOOK TWO aUMAN RESOURCES DEVELOPMENT PROGRAM . . Statement of objective. favor of the Overseas Employment Development Board or the National Seamens Board. the alien worker shall be subject to deportation after service of his ··sentence. residents or .. ART. and Skills Development Act of 1994 (RA 7796). establish training institutions. For an enterprise registered in preferred areas of investment. 43.(a) After the issuance of an employment permit. 24. *' I NATIONAL POLICIES AND . 1995) created. and Department Order No. . Submission of list. (6) Any non-resident alien who shall take up employment in violation of the provisions of'this Title and its implementing rules andregulations . as the case may be. which replaced and absorbed the National Manpower and Youth Council (NMYC). and the forfeiture of the cash and surety bonds in . nature of employment and status of stay in the country . ' .Title I NATIONAL'MANPOWER DEVELOPMENT PROGRAM .addition to the penalties herein prescribed. person in the Philippines who is competent.ADMINISTRATIvE MACHINERY FORTHEIR IMPLEMENTATION Art. (e) In every casecconviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileged . Appendix "HHH". j I· \ . Implementing Rules. said employment permit may be issued upon recommendation of the' government agency in charged with the supervision of said registered enterprise. able and willing at the time of application to perform the services for which the alien is desired. be deported without further proceedings. which apply to all aliens. 14. seeking employment in the Philippines. C Any employer employing non-resident foreign nationals on the effective date of this code shall submit a list of such nationals to the Secretary of Labor within thirty·(30) days after such date indicating their names.' the alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor.It is the obj ective of thi s ti tl e to develop human resources. . 42.. granted to such person or entity under this. . Employment. RA 7916 (Feb. In addition. Culture and Sports (DECS) and the apprenticeship program of the Bureau of Local and Etnployment of the Department of Labor and . ART. 10 ~ .Chapter Title II El\WLOYMENT OF NON RESIDENT ALIENS· ART. Appendix "JJ]" and footnote to Book' II. Prohibition against transfer of employment. The Secretary of 'Labor shall then determine if they are entitled to any employment permit. 98. . I *Sec: Implementing R~les of the Labor Code Book I. 12. citizenship. Employment permit of nonresident aliens. shall be punished in accordance with the provision of Articles 289 and 290 of the Labor Code. .non-residents. Rule XIV.

tional development plan. Composition.The Council shall provide. 47. and 'assist any. . each. ART. the Secretary of Local Government. ART.' shall be composed of the Secretary of Labor as ex-officio chairman. for a term of three (3) years. tional manpower plan for the optimum allocation.and appropriate government authorities. the Secretaryof Economic Planning. development and utilization of manpower for employment.development. _' As used in this' Title: ~ .. development and utilization-of the nations manpower and thereby promote employment and accelerate economic and social growth. training in vocations. which is attached to the Department of Labor for policyand program coordination and herein after referred to 'as the Council.including those which may be entered into between 11 . and as ex-officio members. .' ' In addition. The centers shall be administered and operated under such rules and regulations as may be 'established by the Council. .programs as will ensure efficient allocation. Dermiuons.. the Chairman of the Civil Service Commission. gional and local training centers for the purpose of promoting the development of skills. ART. be updated annually and submittedto the President for his approval. through the Secretariat. ART. : . ' . - The Council shall formulate a long-term na- through the Secretariat instructor training. National Manpower Plan. 48. ART.' National M:~npowerand Youth Council..dards. entrepreneurship.There shall be i national. (i)' 'Manpower" shall mean that portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services. The Council shall Call upon any agency of the Government . Establish~ent and formulation of skills sta. the President shall appoint the following members from the private sector: two (2) representatives of national organizations of employers. (b) "Entrepreneurship" shall mean training for self-employment or assisting individual or small industries within the purview of this Title. ance programs and or grants-in-aid for man. skills standards for industry trades to. The Director General of the Council shall have no vote. . 45. This manpower plan shall.. ' .development .The Council shall establish a National Manpower Skills Center and re. 44. -' To carry outthe objectives of this Title. ongoing technical assist. two~(2) representatives of national workers organizations and one representative of national familyand youth organizations. ' Council. the Secretary of'Education andCulture as ex-officio vice chairman. the Secretary of Social Welfare. and administer. The Council shall thereafter administer the national skills standards. the Secretary of Natural Resources. trades and other fields of employment. Admmistration of training programs.be established by the. entrepreneurship and economic and social growth. authority and jurisdiction over.tation with employers and workers organizations . after adoption by the. 49.. The Council shall exercise. the Secretary of Trade and Industry. National Manpower Skills Center. employer or organization in training schemes designed to attain its objectives under rules and regulations which the Council shall establish for this purpose. the National Manpower and Youth Council. power and youth . it shall be the controlling plan for the development of manpower resources for the entire country in accordance with the na. 46. or the private sector to assist in this effort. and the Director General of the Council.. Thereafter. the Secretary ofAgriculture and Food. ART.Council in consul.

a Director General who shall be assisted velopment schemes. Employment service trainand emoluments of an undersecretary and ing functions. National render assistance to the Co~cil in the Manpower Skills Center shall have the rank measurement of unemployment and underand emoluments of a bureau director and employment.existing manpower training programs ing expenses incurred for development proin the Government and in the private sector grams shall be granted to the person/or enshall be reported to the Council which may terprise concerned provided that such deregulate such programs to make them con. 5Q. particularly those having to do with the ~ ditional deduction from taxable income of setting of skills standards.. Incentive scheme. mainpower development efforts.ofits graduates . Development Authority.the Government of the Philippines and in. For this pur.who' have successfully completed a traintions in the Philippines. _ The Council shall utilize . regional manpower develfunding scheme under such rates offees and' opment offices. and skilled In order to integrate the national man. an Office ofVocaThe maintenance and operations of the tional Preparation. ' governed by appropriate provisions of this There shall be a review of the said Code. 53. in accordance with guidelines Secretariat shall beunder the administrato be establish by tlie Council and in con. sultation with the National Economic and and shall have an Office of Manpower Plan. a~e approved by the Council and the This Article shall not include apprendeduction. Deputy Director General and Executive 12 . conduct of local manpower shall be subject to Civil Service Law.manpower including its publication. ' scheme two years after its implementation. does not exceed ten percent . as well as persons and organiza. all 'manpower tenance ofan adequate and up-to-date systraining schemes as provided for in this tern of employment information. the OfThe Bureau of Employment Services shall fice of Vocational Preparation. power Planning and Development. 51.tive supervision of the Secretary of Labor .ART.velopment programs. ing program under this TItle. shall serve for a term often (10) years.. The the employment service of the Department Executive Directors of the Office of Manof Labor for the placement. _ The ' ART. and such 'other offices as manners of collection and disbursement as may be necessary. trades and skills stand. ART.establishment and maintenance without ternational and foreign organizations and charge of a national register of technicians nations.by a Deputy Director General both of whom ards and such other functions a~ will pro. The Council shall establish industry boards to Council shall have a Secretariat headed by assist in the establishment of manpower de. _' In adcil.~ shall be career administrators appointed by vide direct participation of employers and the President of the Philippines on recomworkers in the fulfillment of the Council's mendation of the Secretary of Labor ~ The objectives. tices. ning and Development. ship. _. other than apprenticeform with nationaldevelopment programs. The Director General shall have the rank ART. learners and handicapped workers as (10%) of direct labor wage. . rules resource surveys and occupational studies and regulations.. Council Secretariat. Industry boards. a National Manpower industry boards shall be financed through a Skills Center.. 52. The Director General.' may be determined by the Council. one-half'(I/Z) of the value oflabor trainl>0se. Code shall be coordinated-with the Coun. including an inventory of the labor force..

ART. The regular professional and technical personnel. In pursuing its objectives. (f) To submit to the Council periodic reports on progress andaccomplishment of workprograms. .The council shall ere. 13 . agriculture and other sectors of the economy within their respective juris.implement the provisions of this Code. between 30 and 50 years of age at the time of appointment. . The Council shall define its broad functions. . The Director General shall appoint such personnel necessary to carry out the objectives. 55. and/or private organizations for research work and publication. rules and regulations . Regional manpower development offices. the Council is authorized to set aside a portion of its appropriation forthe hiring of the services of qualified consultants. Consultants and technical assistance. (h) To enter into agreements to implement approved plans and programs and perform any and all such acts as will fulfill . 56. (1) To help meet the demand of the . (c) To carry out the manpower plan as the implementing arm of the Council. (g) To prepare for approval by the Council an annual report to the President on plans.This Title aims: . and issue appropriate.Directors shall be natural-born citizens. policies and functions of the Council subject to Civil Service rules. have undergone training in center management. diction. and administer and supervise Secretariat training programs within the region and perform such other functions as may be authorized by the Council. the objectives of this Code as well as ensure the efficient performance of the functions of the Council. ate regional manpower development offices which shall determine the manpower-needs of industry. provide the Council's central planners with the data for updating the National Manpower plan. foregoing qualifications. TitleD TRAINING AND EMPLOYMENT 'OF SPECIAL WORKERS Chapter I APPRENTICES ART. 54. in addition to the. (e) To determine specific allocation of resources for projects to be undertaken pursuant to approved manpower plans. . Statement of objectives. Directors shall be appointed by the President on the recommendation of the Secretary of Labor . ( .programs and projects on manpower and out-of-school youth development. Rules and regulations. and experience in national planning and development of human resources.ART.necessary to . recommend programs for the regional level agencies engaged in manpower and youth development within the policies formulated by the Council.. It shall avail itself of the services of the Government as may be required. shall be exempt from WAPCO rules and regulations. (b) To recommend allocation of resources for the implementation of the manpower plan as approved by the Council. 57. The Secretariat shall have the following functions and responsibilities: (a) To prepare and recommend the manpower plan for approval by the Council. publication and research. and (i) To perform such other functions as may be authorized by the Council. ART. The Executive Director of the National Manpower Skills Center shall. with a masters degree or its equivalent. (d) To effect the efficient performance of the functions of the Council and the achievement of the objectives of this Title.

: ART. be binding during its . form of employment or grams of apprenticeship.Contents of apprenticeship .Every-apprenticeship supplemented by related theoretical instruc. "Apprenticeship" means practical shall not exceed six months . The. Signing of apprenticeship . 1. including shall conform to the rules ART.occupation which requires more thanthree (3) months of practical training on the job agreement. if the latter is not avail.lifetime. and a copy thereof shall be furnished and follow oral and written instructions. if (q) Possess the ability to comprehend any."Apprenticeship agreement" is an tive of any of the recognized organizations. technical industries may employ apprenrices and only in apprenticeable occupationsapproved by the Minister. or his agent. Trade and industry associations may both the employer and the apprentice . which in (b) An "apprentice " is a worker who is ~o caseshall startbelo~ 75 per cent of the applicable minimum wage. ister of Labor and Employment. Any firm. ART.Executive Order Ill. and (3) To establish apprenticeship standards for the protection of apprentices. of Labor and Employment . or by an authorized representation. 60. the appr~ntice in tum accepts the terms of . As issued by the Minister of Labor and Employment. The Ministry shall develop standard model pro(c) An "apprenticeship occupation" means any trade. 1986. (a) Beat least fourteen (14) years or age." . 59.grams.(a)'. employer. nor shall be signed in-his behalfby his partraining. Deflnition of terms. (d) . Employment of apprentiees. .below the legal minimum wage. (2) To establish a national apprenticeship program through the participation of employers. into only in accordance with apprenticeof the entities recognized under thisChapship programs duly approved by the Minter. and the same shall shall: '.agreements. 61'.agreement shall be signed by the employer . ART. organization or civic group wishing to organize an apprenticeART. . Dec. 58. group or ferent occupations. industry. a person . .' economy for trained manpower. (a) Apprenticeship conducted entirely I '.. . Venueof apprentices'hip prorecommend to the Secretary of Laborappropriate educational requirements for dif. ' association.. An apprenticeship agreement with a mi. . Qualifications of apprentice. -. by an authorized representative of the Department of Labor . 24. ent or guardian or.Only employers in the highly ship progr8}D may choose from any of the following apprenticeship schemes as the training venue of apprentices: * As amended by Sec. period of apprenticeship used in this Title: . workers and government and . 'I ' ' ~ \ 14 . and appropriate apprenticeship committees. 62.To qualify as an apprentice.Apprenticeship agree- a I . able.ments. ART. -. -may be entered covered by written apprenticeship agreement with an individual employer or any .non-government agencies..'Every apprenticeship agreement entered (b) Possessvocational aptitude and cainto under this Title shall be ratified by the pacity for appropriate tests. employment contract wherein the employer associations or groups. and by the apprenbinds himself to train the apprentice and tice.Apprenticeship agreements providing for wage rates training on the job supplemented by related theoretical instruction. 63.

ers or by civic organization. own initiative. apprentices in cases ticeship programs. .lunt~ry orga~iiation of center or other public trailing institution.action for the enforcement of any apprenlishment or entity. . "\ where the program is undertaken inthe plant (b) In the premises of one orseveral des-.Upon. Secretary of Labor. Appeal-tothe Secretary of of'trained manpower is deemed critical as Labor. . -.mentso demand. or edies. and . Sponsoring of apprenticeship ship programs shall have 'primary responprogram.-. If' taken or sponsored by a single employer they do not have adequate facilities for the or firm or by a: group or association thereof. or ' priate government agency.. purpose... is notprepared to. the Department of Labor shall or by a civic organization.runless he has expartmentof Labor training center or other " hausted atlavailable' .occupations.providing appropriate aptitude '. 67. ' by and within the spo~soringfirm. (c) In a Department ofLabor training ART. ' apprenticeable 'trades. .Labor shall be cians are utilized by private companies in finaland executory. administrative rempublic training institution.· dertaking of efuploye~s.ART..64. apprenticeshipprograms. . may be done by the employer.of .(a) The' organization of apprenticeship apprenticeship agreement. The deci(c) Where services of foreign technision of the Seoretary ..The decision of the authorized determined by the. '68. ..com. the appropriateagency of. prescribed by the. 65. 'entities with duly recognized apprentice. - " a .'. the President of the Philtion of an apprenticeship agreement' pursu-: ippines may requirecompulsory trailing of antto such rules and regulations as may be apprentices in certain trades.ity. . Investigation of'violation of -.Supplementary theoretiemployer in the case of individual apprencal instruction to. Responsibility for theoreti(a) In the premises' of the sponsoring cal instruction . (b) When the national security or par. Secretary of Labor. of any suchagreement. . (b) Apprenticeship entirely within a De-. ticeship agreement of damages for breach . '66. selection of apprentices. Exemptions. jobs or employment levels where shortage ART. If the latter ignated firms in the case of programs spon.the decision. (c) Initial training in trade fundamentals ART.Anyof the apprenticeship sibility for. of apprentices may be undertaken: 4RT. 70. \ I ). ART.. in a training center or other institution with cants. assum~ the responsibilsored by a group or association of employ... No person shall institute any ship programs . rules inthis connection shall be appealed by any aggrieved person. -. agency of the Department of Labor may Appropriate. the same may be delegatedto an appro. the Department of Labon or its authorized ticular requirements of'economic developrepresentative shall investigate any viola. scheme'srecognized herein may be undertests in the. .estab.programs shall be primarily avoluntary unplaint of any interested person or upon it:. Actualtraining perform the 'service free of charge. to the be promulgated by the Secretary of Labor Secretary of Labo~ within five (5) days as the need arises. Consonant with the minimum . Vo. 69. Exhaustion of administrative· required to set up appropriate apprenticeremedies. subsequent actual work participation within qualificationsof apprentice-applicants rethe sponsoring firm or entityduringthefiquired under this Chapter) employers or' nal stage of training'. . .. Aptitude testing of appli-. from receipt of . . said companies are ART.

terminated by the employer before the end minimum wage. 72. (d) A commitment to employ the learnduction shall not exceed ten (10%) percent ers if they so desire. Definition. upon completion of the learnership.. 73. apprentices shall be granted to the person (c) The wages or salary of the learners or enterprise organizing an apprenticeship which shall begin at not less than seventyprogram: Provided. able income of one-half (1/2) of the value (b) The duration of the learnership peoflabor training expenses incurred for de. No. and Labor: Provided. That such program is five percent (75%) of the applicable miniduly' recognized by the Department of mum wage.Learners in piecework. Deductibility of training costs. ART. 74. G. are available.Any vioART. 1999. 78.rules and regulations shall be subject to the skilled and other industrial occupations general penalty clause provided for in this which are non-apprcnticeable and which Code. 1. 122917. and the employment does not create their employment is necessary to prevent ART. may be learned through practical training Chapterm on the job in a relatively short period of HANDICAPPED WORKERS* time which shall not exceed three (3) ART. See text of the Jaw in Appendix "LLL" and Supreme Court decision in Marites Bernardo vs NLRC.learners may be workers are those whose earning capacity hired. 76. Handicapped months. 71. NLRC: A Triumph for Disabled Persons What Now? Journal of the Integrated Bat of the Philippines. or his duly authorized representative. ' ART. 16 . which agreement shall include: *These provisions have been superseded or impliedly repealed by RA No.curriculum or as a requisite for graduation Learners employed \in piece or Incentiveor board examination. training period shall Chapterll be paid in full for the work done . When . the deficiency or injury. .R. 7277 (Magna Carta for Disabled Persons)' enacted in 1992. . _ The Secretary of Labor may the learner. July 12. 77. (a) The names and addresses of the learners. . -Handiemployment of learners is necessary to precapped workers may be employed when vent curtailment of employment opportunities. ' rate jobs during the. That such de. as regular employees of direct labor wage: And provided. _ Any employer desiring to employ learners shall enter into a learnership agreement with them. _ An additional deduction from tax- j unfair competition in terms of labor costs or impair or lower working standards. 75. Penalty clause. applying its employment provisions. '-. XXV. that the person or enterprise who learners who have been allowed or suffered wishes to avail himself or itself of this work during 'the firsttwo (2) months shall incentive should pay his apprentices the be deemed regular employees if training is . .. The learnership agreement shall be subauthorize the hiring of apprentices without 'compensation whose training on the job is ject to inspection by the Secretary of Labor . Vol. 79~When employable. See' also article Bernardo v.. further. which shall not exceed three (3) veloping the productivity and efficiency of months. ART.{. required by the school or training program ART. Learnership agreement..lation of this Chapter or its implementing ers are persons hired as trainees in semi.. AR. riod.Learners may be employed when is impaired by age or physical or mental no experienced worker. _" Learn.999. Apprentices without com. All finally. Learners defined. 'LEARNERS ART.of the stipulated period through no fault of ' pensation.

83. labor costs or impair or lower working As used herein. paramedical Chapter I technicians. .The ' (d) The work to be. WORKING CONDITIONS AND dietitians. and workers who are paid . 82. reasonable certainty. exceed eight (8) hours a day. ' another. The employment agreement shall be subject Health personnel in cities and to inspection by the Secretary of Labor or his municipalities with a population' of at least duly authorized representatives. Coverage. exclusive of time for meals. . . ART. shall be entitled to an additional compensation of at least thirty (30010) percent of their regular . ART.000) shall hold regular ART. members of the family of the employer ~ho *With the passage of Magna Carta of Public are dependent on him' for support.Any the management of the establishment in which employer who employs handicapped workers they are employed or Of a department or shall enter into an employment agreement with . for five Code. 84. in which case they occupations for which they are hired. social workers.' and (b) all time during profit or not. refer to those whose primary duty consists of . field personnel. midwives. psychologist.by results 17 .BOOK THREE ' wage for work on the sixth day.as determined by' the Secretary of Labor in curtailment of employment opportunities and when it does not create unfair competition in appropriate regulations. "managerial employees" standards. -:-Hours worked ART. and ART. and to Other officers or . performed by normal hours of any employee shall not handicapped workers. personnel. Hours worked. attendants HOURSOFWORK· and all other hospital or clinic. 7305 of 1995). 80. one million (1. to be employed. Eligibility for apprenticeship. pharmacists. Art. 83's helpers. them. "Field personnel" shall refer to nonhandicapped workers. * . domestic Health Workers (RANo. . nutritionists.Subject to the appropriate provisions of this -office hours for eight (8) hours a day. which agreement shall include: members of the managerial staff . persons in the personal service of second paragraph covers only private health personnel. nurses. handicapped workers may be hired as (5) days a week. . apprentices or learners if their handicapped is except where the exigencies of the service not such as to effectively impede the require such personnel work for six (6) days performance of job operations in the particular or forty-eight (48) hours. but not to government employees. the field cannot be determined with" (c) The duration of employment period. (a) The 'names and address of the . Employment agreement.000. "health personnel shall include: Title r resident physicians. REST PEIUODS ' laboratory technicians. Normal hours of work. agricultural employees who regularly (b) The rate to be paid the handicapped perform their duties away from the principal workers which shall be not less that seventy place of business or branch _ office of the five (75%) percent of the applicable legal employer and whose actual hours of work in minimum wage. which an employee IS sufmanagerial employees. 81.The provisions of shall -include (a) all time during which an this title shall apply to employees in all employee is required to be on duty or to be at a establishment and undertakings whether for prescribed workplace. subdivision thereof.F or purposes CONDITIONS OF EMPLOYMENT of this Article.

perisationequivalent to the rate of the first puting overtime and other additional remueight hours on a holiday or rest day plus at . hours after every six (6) consecutive norany other national or local emergency has mal .For purposes of com. . . worked. (d) When the work is necessary to preART-. regular meals.work under this Article shall be paid overtime work. installations. without deduction on overtime. . . hour is necessary to prevent serious obART. Work . Overtime work. . employer to give his employees not less ment. schedule the weekly rest day of his employ(b) When it is necessary to prevent loss ees subject to collective bargaining agreeof life or property or in case of imminent ment and to such rules arid regulations. in order to avoid serious loss or damthan sixty (60) minutes time-off for their age to the employer or some other cause of similar nature.of'his employees a rest period' of not less'than twenty-four (24) consecutive of the following cases: (a) When the country is at war or when .may prescribe. pensation required in this Chapter. differential of not less than ten percent and (100/0) of'his regular wage for each hour of (e) where the completion or continuawork performed between ten 0' clock inthe tion of the' work started before the eighth evening and sixo'clock in the morning. ~O. flood. epidemic. and been declared by the Congress or the Chief Executive.Chapter: ART. 85. Computation .ofadditional performed beyond eight hours on a holiday or rest day shall be paid' an additional com.compensation.Rest period of short duration during impending emergency in the localitycaused 'working hours shall be counted as hours by serious accidents. Right to weekly rest day. typhoon. danger to public safety due to an actual or .1 I ! 18 . ART. 91.work days. 89.of'an employee shall include least thirty percent hereof. Emergency overtime work. ticularday shall not be offset by overtime work on any other day. or equip. neration as required by this Chapter the regularwage. ART. as . Any employee required to render overprovided that the employee is paid for the time. Undertime not offset by the cash wage only.86. 88.Any employee may be required by the whether operating for profit or not. employer to perform overtime work in any vide each. (b) The employer shall' determine. provided by the employer. or other disaster or ART.Undertime work on any par. (a) It shall be the duty of every employer. such regulations as the' Secretary of Labor (c) When there is urgent work to be per.fered or permitted to work. earthquake. Meal periodsr--> Subject to "calamity.Work may struction or prejudice to the business or be performed beyond eight (8) hours a day operations of the employer.' Permission given Chaptern to the employee to go on leave on s~me WEEKLY REST PERIODS other day of the week shall not exempt the employer from paying the additional comART. an additional compensation equivalent to his regular wage plus at least the additional compensation required inthis twenty-five (25%) per cent thereof. it shall be the duty of every formed on machines. Nightshirt difTerentiat Every employee shall be paid a night shift vent loss or damage to perishable goods. to pro.account of facilities. fire. 87.

'SERyICEINCENTIVE.the fourth of July. he shall be paid an addiART. ' day of the year. which (30%) of his regular wage . . ty. foregoing as determined by Good Friday. JUne 30. . 9177 approved on Nov.(d) .their weekly rest day when on theemployees scheduled rest day.~u). Republic (b) . ' ".ployee to work on any holiday hut such emcontinuous operation and the stoppage of work ployee shall be paid a compensation equivalent may 'result in irreparableinjury or-loss to the to twice his regular rate. 94.he shall be paid an additional compensa. (b) In cases of urgent work to be per'formed on machinery.than that prescribed under this Article.installaLEAVES AND tion. the ninth of April.regular holidays. ( 5 Oo/~ )of his regular wage. (c) In the event of abnormal pressure of ART. or.a nationalregular holidayand ofEidul Adha as a regional uled. percent *Superseded by EO No. equipment. . 2004declaredAug.7. .. where the worker shallbepaid his regular daily wage employer cannot ordinarily ...property. Where such holiday work.Administrative beentitled to such additionalcompensation for . See Appendices "GG"'imd "Hlf": ' 19 .. fire. epidemic or other disaster Chapter III '. tionof at least thirty percent (30%) of his regu.' \.198. 1. " "'" ' :. "holiday" in~ employer. or imminent danger to public safety. except in retail arid sersort to other measures. amended. tieth of November. . the \ cies caused by serious accident. 25.employees to work on'any day: stipulates the payment of'a higher premium pay (a) Incase actual or impending emergen. scheduled rest day. (e) Wherethe nature ofthe work requires . and cludes:'New Year~s :bay.The employer. . .Q 292" the Revised. falls of employees as to. phoon. "Art.mentor other applicable employment contract quire his. Right to: service incentive tional compensation of at least thirty.during. An employee shall .~ \ J ~. the twenty-fifth and thirtiSunday orboliday. . 203. 2. Where the collective bargaining agreework on a rest day. was incorporated in E.the twelfth-of June. . the employer shall respect the preference the employees. deleting July 4 and the day' for holding a workperformed on Sunday only when it is his generalelection from the list of regular' holidays. Aquino. holidayinthe Autonomous Region of Muslim Mindanao. _ ART. 92. 93. (f) Under other circumstances analogous or similar to the. ..: or calamity to prevent loss oflife and.be entitled to an additional compensation of at ground.be expected to re.9256 of Feb. as natiqnwidespecial days. Code of 1987.EO employeeis such that he has no regular work292 by declaring the Muslim observance ofEidul Fitras days and no' regular rest days can be sched. least fifty. earthquake.' . . work -(a) ~here an eth of Decemberand the day designated by employeeis made or permitted to work on his " law for holding It general election*. flood. aridDec . 1 provided for compensation guidelines for regular and special holidays. able good. . When! employer may require .(a) Every work due to special circumstances. ~s a national specialhonlarwager for work Performed on Sundays and working holiday to commemorate the death anniversary holidays.AU Saint's Day. DOLE Memo Circular No.employer shall pay such higher rate...the Secretary of Labor may provide. the thirthe Secretary of Labor.of at least thirty (30%) of the regular wage of ever. HOLIDAYS. . 2002. Benigno "Ninoy" S. . may re.. \ (c) As used in this Article.RA. (b) The employer may require an em.31. vice establishments regularly employing less' (d) To preventloss or damage to perish.' / \ (c Work performed on any special holiday shall be paid an additional compensation r of former Sen. the first of May.than ten (10) workers. How-. 95. Compensation for restday.I'. 21 of every year "Ninoy Aquino nay'. last established rest day. Maundy Thursday.When the-nature of the' work of the Act No.d. and providing for Nov. -Right to holiday pay: . to avoid serious loss which' the employer SERVICE CHARGES would other wise suffer. he shall such preference is based 'on religious Iback.

ART. -''Fair and reasonable value"· shall not include any . . or any or.0)for mana~e~ent. among other things. The share of the employees shall be equally distributed among them. the production. a Titlell WAGES Chapter I PRELIMINARY MATTERS r ART. lodging. pineapples or other farm products. 96. all government -owned or controlled corporations andinstitutions. coconuts. but does not include the manufacturing or processing of sugar. abaca. after considering the viability or financial condition of such establishment. ganized group of persons. domestic service and persons working in their respective homes in needlework or in any cottage industry' duly registered in accordance with 'law. or organizations: (c) "Employee" includes any individual employed by an employer. as determined by the Secretary of Labor.' (c) The grant of benefit in excess of that provided herein shall not be made subject of arbitration or any court or administrative action. of 20 . Service charges. which is payable by an employer to an employee under a written or unwritten contract of employment for' work done or to be done.leave. its branches and. includes thecultivation and tillage soil. . 98. . Definition. whether fixed or ascertained on a time. (f) "Wage" paid to any employee shall mean the remuneration or earnings. those enjoying vacation leave with pay of 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. (d) "Agriculture" includes farming in all. tobacco. (b) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the Government and all its branches. subdivision and instrumentalities. corporation. In case the service charge is abolished. or other facilities customarily furnished by the employer to the employee. or commission basis.All service charges collected by hotels. capable of being expressed in terms of money. hold. partnership.profit to the employer or to any personaffiliated with the employer. as well as non-profit private institutions. business trust. of board. legal representative. . task. 97. or other method of calculating the same. (b) This provision shall not apply to those who are already enjoying the benefit herein provided. and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations. restaurants and similar establishments shall-be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (150/.This Title shall not apply tofarm tenancy or lease . association. . cultivation. ~owing and harvesting of any agricultural and horticultural commodities. however designated. . (e) ''Employ'' includes to suffer or permit to work. or for services rendered or to be rendered and includes the fair and reasonable value. the raising of livestock orpoultry. the share of the covered employees shall be considered integrated in their wages. ART.As used in this Title: (a) "Person" means an individual.(a) 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. Application of ':fit Ie. piece. dairying.

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