Part 1. Constitutional Provisions
No law shall be passed abridging the freedom of speech, of
Article II.
SECTION 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life
for all.
SECTION 10. The State shall promote social justice in all phases of national
development.
SECTION 11. The State values the dignity of every human person and
guarantees full respect for human rights.
SECTION 13. The State recognizes the vital role of the youth in nation-
building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism
and nationalism, and encourage their involvement in public and civic affairs.
SECTION 14. The State recognizes the role of women in nation-building,
and shall ensure the fundamental equality before the law of women and men.
SECTION 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
SECTION 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Article III
SECTION 1. No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of the
laws.
SECTION 4.
expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances.
SECTION 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
The Workers Basic Rights
Right to participate in policy & decision-making processes affecting
their rights and benefits as may be organized by law.
Right to Organize themselves
Right to Work under humane conditions
Right to engage in peaceful concerted activities including strike in
accordance in law.
Right to enjoy security of tenure
Right to receive a living wage
Right to share in the fruits of production
Right to conduct collective bargaining or negotiation with
management
Article XIII
SECTION 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including the
right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production and
the right of enterprises to reasonable returns on investments, and to
expansion and growth.
SECTION 14. The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation.
LABOR CODE as amended
Article 3. Declaration of basic policy. The State shall afford protection to
labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of
work.
CIVIL CODE PROVISION related to LABOR:
SECTION 2. - Contract of Labor (n)
Art. 1700. The relations between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must yield to
the common good. Therefore, such contracts are subject to the special laws
on labor unions, collective bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and similar subjects.
Art. 1701. Neither capital nor labor shall act oppressively against the other,
or impair the interest or convenience of the public.
Art. 1702. In case of doubt, all labor legislation and all labor contracts shall
be construed in favor of the safety and decent living for the laborer.
Art. 1703. No contract which practically amounts to involuntary servitude,
under any guise whatsoever, shall be valid.
PART 2 - General Principles
Article 1. Name of Decree. This Decree shall be known as the "Labor Code
of the Philippines".
Article 2. Date of effectivity. This Code shall take effect six (6) months after
its promulgation.
Article 3. Declaration of basic policy. The State shall afford protection to
labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to self-organization,
collective bargaining, security of tenure, and just and humane conditions of
work.
Management Prerogative are granted to the employer to regulate every
aspect of their business, generally without restraint in accordance with their
own discretion and judgment. This privilege is inherent in the right of
employers to control and manage their enterprise effectively.
Limitations to the exercise of these prerogatives:
1. Should be done in good faith.
2. Should not be tainted with unfair labor practive
3. Subject to limitations set by law, CBA, employment contract,
employer policy, practice & general principles of fair play & justice.
4. Subject to police power
5. Should be without abuse of discretion.
>Prescriptive Period of ULP (1 year - 365 days)
Article 4. Construction in favor of labor. 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.
Article 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.
Complete publication; if there are two part, the effectivity shall be
from the time of complete publication
1st day excluded in counting; Sec 13 of the Civil Code
Art. 13. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall be
computed by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the
last day included.
Additional requirement copy should be provided to the UP LAW
Center (Office of National Administrative Register); PASEI vs.
TORRES G.R. No. 101279 August 6, 1992
Sections 3(1) and 4, Chapter 2, Book VII of the Administrative Code
of 1987 which provide:
Sec. 3. Filing. (1) Every agency shall file with the University of
the Philippines Law Center, three (3) certified copies of every rule
adopted by it. Rules in force on the date of effectivity of this Code
which are not filed within three (3) months shall not thereafter be the
basis of any sanction against any party or persons. (Emphasis
supplied, Chapter 2, Book VII of the Administrative Code of 1987.)
Sec. 4. Effectivity. In addition to other rule-making requirements
provided by law not inconsistent with this Book, each rule shall become
effective fifteen (15) days from the date of filing as above provided unless
a different date is fixed by law, or specified in the rule in cases of
imminent danger to public health, safety and welfare, the existence of
which must be expressed in a statement accompanying the rule. The
agency shall take appropriate measures to make emergency rules known
to persons who may be affected by them. (Emphasis supplied, Chapter 2,
Book VII of the Administrative Code of 1987).
If rules & regulations are contrary to substantive law, they are
deemed ultra vires issuances. Substantive law shall prevail.
Article 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)
Section 282 of the Labor Code as amended: Article 282. Government
employees. The terms and conditions of employment of all government
employees, including employees of government-owned and controlled
corporations, shall be governed by the Civil Service Law, rules and
regulations. Their salaries shall be standardized by the National Assembly as
provided for in the New Constitution. However, there shall be no reduction
of existing wages, benefits and other terms and conditions of employment
being enjoyed by them at the time of the adoption of this Code.
ART IX-B of the Constitution
SECTION 2. (1) The civil service embraces all branches, subdivisions,
instrumentalities, and agencies of the Government, including government-
owned or controlled corporations with original charters.
GOCC with original Charter - CSC has jurisdiction
- GOCCs with Orig charter; created via a special law
GOCCs with no original Charter registered with the SEC
- Labor disputes are under the LAs jurisdiction
- If dispute involves Corporate Officer, the courts have jurisdiction
- RTC has jurisdiction over intra & inter-corporate controversies;
prior to July 2000, SEC had jurisdiction. Effective 8/8/2000, RA
8799 transferred jurisdiction from SEC to RTC
Who are Corporate Officers?
- If their position is provided for under the Corporation Code
(President, Treasurer, Secretary)
 - If their position is found in the by laws
Cases: Matling vs. Coros G.R. 157802; Oct. 23, 2010
Who has jurisdiction over ADB Employees, Internal Organization
Employees, UN Employees or Specialized Agencies?
- They have internal mechanisms to resolve controversies and for
adjustment of disputes
- If they are performing proprietary functions, courts may have
jurisdiction
- They are immune entities; labor law does not apply to them
PART 3 Law on Overseas Employment
Commision on Filipinos Overseas commission under DFA that monitors
Filipinos Overseas
Overseas Filipinos monitored by the POEA
Sec 8 of RA 8042 as amended by RA 10022
SEC. 8 PROHIBITION ON OFFICIALS AND EMPLOYEES. It shall
be unlawful for any official or employee of the Department of Labor and
Employment (DOLE), the Philippine Overseas Employment Administration
(POEA), or the Overseas Workers Welfare Administration (OWWA), or the
Department of Foreign Affairs (DFA), or other government agencies
involved in the implementation of this Act, or their relatives within the
fourth civil degree of consanguinity or affinity, to engage, directly or
indirectly, in the business of recruiting migrant workers as defined in this
Act. The penalties shall be imposed upon them.
Sec 9 of RA 8042 as amended by RA 10022
SEC. 9. VENUE. A criminal action arising from illegal recruitment as
defined herein shall be filed with the:
- Regional Trial Court of the province or city where the offense was
committed; or
- [RTC] where the offended party actually resides at the same time of the
commission of the offense: Provided, That the court where the criminal
action is first filed shall acquire jurisdiction to the exclusion of other courts.
Provided, however, That the aforestated provisions shall also apply to those
criminal actions that have already been filed in court at the time of the
effectivity of this Act.
File with the appropriate prosecutors office
ILLEGAL RECRUITMENT
Two Kinds of Illegal Recruitment
1. Simple Illegal Recruitment
2. Qualified Illegal Recruitment (Illegal Recruitment that constitutes
economic sabotage)
a. Illegal Recruitment by a Syndicate there are at least 3
perpetrators conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or
scheme defined under the first paragraph of Art 38 of the Labor
Code as amended.
b. Illegal Recruitment of a Large Scale there are at least 3 victims
or if committed against three (3) or more persons individually or
as a group (Art 38 of the Labor Code as amended).
Sec. 7 of RA 8042 as amended by RA 10022
PENALTIES
1. Penalty for Simple Illegal Recruitment Imprisonment of not less
than 12 years & 1 day but not more than 20 years and a fine of not
less than 1M but not more than 2M.
2. Penalty for Illegal recruitment involving economic sabotage
Life Imprisonment and a fine of not less than 2M nor more than 5M
shall be imposed
Maximum penalty shall be imposed if the victim illegally recruited is
less than 18 years of age or if the illegal recruitment is committed by
a non-licensee or non-authority holder
3. Penalty for Prohibited Acts Imprisonment of not less than 6 years
and 1 day nor more than 12 years and a fine of not less than 500K
nor more than 1M.
Money Claims - Apply the reasonable causal connection test
No Employer/Employee relationship No basis to award Book III
Benefits; No reasonable causal connection LA/LT has no jurisdiction
 If there is Employer/Employee relationship There is basis to award
Book III Benefits; LA/LT has jurisdiction
Money claims of OFWs as of 15 July 1995
Pre Employment Cases POEA
Ex. X was promised a job in Japan but instead landed in Gapan,
Nueva Ecija; this is a pre-employment case (POEA has jurisdiction)
Y was promised work in Saudi but instead landed in Laoag; this is a
pre-employment case (POEA has jurisdiction)
If with Employer/Employee Relationship with LA; Regional
Arbitration Branch of the NLRC (DOLE Regional Office)
Sec 10 of RA 8042 as amended by RA 10022
Par 1 Sec 10 (RA 8042 as amended by RA 10022)
SEC. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint*, the
claims arising out of an employer-employee relationship or by virtue of any
law or contract involving Filipino workers for overseas deployment including
claims for actual, moral, exemplary and other forms of damage.
Consistent with this mandate, the NLRC shall endeavor to update and keep
abreast with the developments in the global services industry.
-*with the Regional Arbitration Branch
Par 2 Sec 10 (RA 8042 as amended by RA 10022)
Liability of the Principal/Foreign Employer & the
recruitment/placement agency for any and all claims under the
Migrant Workers Act shall be joint & several or solidary
REASONs:
1. Public policy (Protection of our OFWs)
2. On jurisdictional grounds
Officers and directors of the corporation are solidarily liable with the
Corporation
Partners are solidarily liable with the partnership
Par 4 SEC 10 (RA 8042 as amended by RA 10022). Period within which to
pay based on a compromise agreement
Within 30 days from approval of the appropriate authorities of the
Compromise Agreement (previously 4 months).
Ex. If LA awarded Monetary Award of 500K Money Claim, 500K Monetary
Award, 50K Exemplary damage, 10% Attorneys Fees
Q: If you file a bond, what will be the basis?
A: Only the 500K Monetary Claim (excluded MD, ED & AF)
Q: What if you get awarded only nominal damages? Do you need to post a
bond?
A: No!
Par 5 Sec 10 (RA 8042 as amended by RA 10022)
Serrano vs. Gallant Maritime (March 24, 2009); par. 5 of Sec 10 of
RA 8042 was declared unconstitutional
When RA 10022 was passed by Congress in March 2010, it restored
par 5 of Sec 10 of RA 8042 (virtually restored the unexpired portion
& 3 months rule)
In August 5, 2014, in Sameer Overseas Placement Agency Inc. vs.
Cabiles (G.R. 170139), par 5, Sec. 10 of RA 8042 as amended by RA
10022 was again declared unconstitutional.
If No illegal dismissal no basis to award the unexpired portion of
the contract
If there is illegal dismissal, there is basis to award the unexpired
portion of the contract
Par 7 Sec 10 (RA 8042 as amended by RA 10022)
Noncompliance with the mandatory periods for resolutions of case
provided under this section shall subject the responsible officials to any or all
of the following penalties:
"(a) The salary of any such official who fails to render his decision or
resolution within the prescribed period shall be, or caused to be,
withheld until the said official complies therewith;
"(b) Suspension for not more than ninety (90) days; or
"(c) Dismissal from the service with disqualification to hold any
appointive public office for five (5) years.
"Provided, however, That the penalties herein provided shall be
without prejudice to any liability which any such official may have incurred
under other existing laws or rules and regulations as a consequence of
violating the provisions of this paragraph."
Sec. 11 of RA 8042 as amended by RA 100222
 Preliminary Investigations of cases under abovementioned act shall
be terminated within a period 30 days from the date of their filing.
If Prima facie case is established:
IF PI is conducted by Prosecution Officer the information shall be
filed within twenty-four hours (24) from termination of the
investigation.
If PI is conducted by a judge the information shall be filed by the
prosecution officer within forty-eight (48) hours from the date of
receipt of the records of the case.
Sec. 12 of RA 8042 as amended by RA 100222
PRESCRIPTION:
Illegal Recruitment cases (Simple) 5 years from accrual or
commission
Illegal Recruitment involving economic sabotage 20 years from
accrual or commission
ESCROW necessary when applying for authority of license with the
POEA or in renewing an authority or license
- amount of money you deposit to answer for liabilities to be paid
to an OFW
- To be set up by the recruitment agency
- There are 3 signatories:
1. Authorized representative of the POEA
2. Authorized representative of the applicant/receiving
agency
3. Authorized representative of the bank where the
money/amount is to be deposited.
NAME HIRING process by which a name hire is employed
NAME HIRE one who through his/her own effort was able to secure a
foreign employer without assistance of a placement agency
DIRECT HIRING as a general rule is not allowed for two reasons:
a. The would be employer is not assured that he will get the most
skilled employee
b. An employee is not assured the best terms & conditions
EXCEPTIONS:
Hiring of Intl Organizations, diplomatic corps, UN, employers
expressly allowed by the Secretary of Labor to hire directly
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.
Art. 36 Regulatory Power Secretary of Labor have the power to restrict
and regulate the recruitment and placement activities of all agencies within
the coverage of Title I of Book 1.
- Sec. of Labor shall also be authorized to issue orders and
promulgate rules and regulations to carry out the objectives and
implement the provisions of this Title (I).
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.
Art. 38 (a) Any recruitment activities, 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 (Repealed by RA 8042, Sec 7). The Department of
Labor and Employment or any law enforcement officer may initiate
complaints under this Article.
(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 (Repealed by RA 8042, Sec 7).
(c) POWERS of the Secretary of Labor DECLARED
UNCONSTITUTIONAL
1. Power to cause arrest & detention
2. Power to order the search of the office or premises and
seizure of documents, paraphernalia, properties & other
implements used in illegal recruitment activities
POWER to issue CLOSURE ORDERS by the Secretary of Labor not
included in the powers declared unconstitutional
- Still subsists; Salazar vs. Achacoso GR. 81510, March 14, 1990
Part 5 Law on Working Conditions
Employees covered applicable to all employees in all establishments
whether operated for profit or not.
Who are not entitled to Book III Rights: ART 82 of the Labor Code as
Amended (GMODWFM)
Government Employees
Managerial Employees
Other officers and members of a managerial staff
Domestic Helpers and persons in the Service of Another
Workers who are paid by results
Non-agricultural Field Personnel
Members of the Family of the Employer who are dependent on him
for support
Book III of the Labor Code
Art. 83. Normal Hours of Work
- Shall not exceed eight (8) hours a day
- Health personnel in cities or municipalities with a population of
at least one million (1,000,000) or in hospitals and clinics with a
bed capacity of at least one hundred (100) normal hours of
work shall be eight (8) hours a day, for five (5) days a week,
exclusive of time for meals except:
o When the exigencies of the service require that such
personnel work for six (6) days or forty-eight (48) hours
in w/c case, they shall be entitled to 30% of their regular
wage for work on the 6th day.
Art. 84. Hours Worked.
- All the time that an employee is required to be on duty or to be at
a prescribed work place.
- Rest periods of short duration during working hours shall be
counted as hours worked.
- If waiting is an integral part of the job (engaged to wait vs.
waiting to be engaged) i.e. driver, it is considered hours worked.
- If made to wait and the activity inures to the benefit of the
employer, it is considered hours worked and is compensable.
- Working while on call an employee who is required to remain
on call in the employers premises or so close thereto that he
cannot use the time effectively and gainfully for his own
purpose.
TRAVEL FROM HOME TO WORK generally not considered
hours worked and not compensable since it is a normal incident of
employment
TRAVEL THAT IS ALL in DAYS WORK time spent by an
employee in travel as part of his principal activity like travel from
jobsite to jobsite during the work day (Compensable).
TRAVEL AWAY FROM HOME travel that keeps an employee
away from home overnight.
- work time when it cuts across an employees workday because it
substitutes for the hours the employee should have been in the
office.
Art. 85. Meal Periods.
- An employer shall give an employee not less than sixty (60)
minutes for their regular meals.
Art. 86. Night shift differential
- Not less than 10% of his regular wage for each hour of work
performed between ten oclock in the evening and six oclock in
the morning.
Art. 87. Overtime work
- Work may be performed beyond eight (8) hours provided the
employee is paid for the overtime work, an additional
compensation of at least 25% of his regular wage.
- If the work is performed on a holiday or rest day, additional
compensation is at least thirty (30%) of the regular wage.
Art. 88. Undertime not offset by overtime Non-offsetting rule
Art. 89. Emergency overtime work
Art. 90. Computation of additional compensation Regular wage shall
include cash wage only
Art. 91. Right to weekly rest period
- It is the employers duty whether operating for profit or not to
provide a rest period of not less than twenty-four (24)
consecutive hours after every six (6) consecutive normal work
days.
- The employer shall respect the preference of employees as to
their weekly rest day when such is based on religious grounds.
Art. 92. When employer may require work on a rest day
Art. 93. Compensation for the rest day, Sunday or holiday work
 - Where an employee is made to work on his scheduled rest day,
he shall be paid an additional compensation of at least thirty
(30%) percent of his regular wage
- An employee shall be entitled to such additional compensation
for work performed on Sunday only when it is his established
rest day.
Art. 94. Right to holiday pay
- Every worker is entitled to be paid his regular daily wage except
in retail and service establishments regularly employing less
than 10 workers;
- If retail and service establishment employs exactly 10
workers, the workers are entitled to Holiday pay
- An employee who works on a holiday shall be paid
compensation equivalent to twice his regular rate
Double Holiday PP = 300% (RW + 200%) according to the
DOLE Explanatory Bulletin
ABSENCES
- Employee on Leave of absence with pay entitled to the benefit
provided therein
- Employee on leave of absence without pay on the day
immediately preceding a regular holiday may not be paid the
required holiday pay if he has not worked on such regular
holiday.
- Where the day immediately preceding the holiday is a non-
working day in the establishment or the scheduled rest day of the
employee, he shall not be deemed to be on leave of absence on
that day, in which case he shall be entitled to the holiday pay if
he worked on the day immediately preceding the non-working
day or rest day.
SUCCESSIVE Regular Holidays When there are 2 successive holidays,
like Holy Thursday or Good Friday, an employee may not be paid for both
holiday if he absents himself from work on the day immediately preceding
the first holiday, unless he works on the first holiday, in which case, he is
entitled to a holiday pay on the second holiday. To be entitled to 2 successive
holidays, employee must: 1) be present on the day immediately preceding the
1st holiday; or 2) be on leave with pay.
Art. 95. Right to service incentive leave
- Every employee who has rendered at least one year of service
(does not distinguish between full time or part time
employees/continuous or broken) is entitled to a yearly service
incentive leave of five (5) days with pay.
- This shall not apply to those already enjoying service incentive
leave of at least five days or to establishments regularly
employing less than ten (10) employees or in establishments
exempted from granting this benefit by the Secretary of Labor or
Employment.
- The grant of benefit in excess of that provided herein shall not be
made a subject of arbitration or any court or administrative
action.
- Serves as motivation or encouragement/for the well being of
employees
Art. 96. Service charge
- Distribution shall be at the rate of 85% for all covered employees
and 15% for management (for losses and breakages).
- The share of the employees shall be distributed equally among
them.
- If abolished, the service charge shall be considered integrated in
their wages.
RA 9262 ANTI VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
Sec. 43. Entitled to Leave. Victims under this Act shall be entitled to take
a paid leave of absence up to ten (10) days in addition to other paid leaves
under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.*
*if unused Not convertible to cash
RA 8972 SOLO PARENTS WELFARE ACT OF 2000
(a) "Solo parent" any individual who falls under any of the following
categories:
 (1) A woman who gives birth as a result of rape and other crimes
against chastity even without a final conviction of the offender:
Provided, That the mother keeps and raises the child;
(2) Parent left solo or alone with the responsibility of parenthood due
to death of spouse;
(3) Parent left solo or alone with the responsibility of parenthood
while the spouse is detained or is serving sentence for a criminal
conviction for at least one (1) year;
(4) Parent left solo or alone with the responsibility of parenthood due
to physical and/or mental incapacity of spouse as certified by a
public medical practitioner;
(5) Parent left solo or alone with the responsibility of parenthood due
to legal separation or de facto separation from spouse for at least one
(1) year, as long as he/she is entrusted with the custody of the
children;
(6) Parent left solo or alone with the responsibility of parenthood due
to declaration of nullity or annulment of marriage as decreed by a
court or by a church as long as he/she is entrusted with the custody
of the children;
(7) Parent left solo or alone with the responsibility of parenthood due
to abandonment of spouse for at least one (1) year;
(8) Unmarried mother/father who has preferred to keep and rear
her/his child/children instead of having others care for them or give
them up to a welfare institution;
(9) Any other person who solely provides parental care and support
to a child or children;
(10) Any family member who assumes the responsibility of head of
family as a result of the death, abandonment, disappearance or
prolonged absence of the parents or solo parent.
A change in the status or circumstance of the parent claiming
benefits under this Act, such that he/she is no longer left alone with the
responsibility of parenthood, shall terminate his/her eligibility for these
benefits.
(d) "Parental leave" - shall mean leave benefits granted to a solo parent to
enable him/her to perform parental duties and responsibilities where physical
presence is required. *
(e) "Flexible work schedule" - is the right granted to a solo parent
employee to vary his/her arrival and departure time without affecting the core
work hours as defined by the employer.
Section 6. Flexible Work Schedule. - The employer shall provide for a
flexible working schedule for solo parents: Provided, That the same shall not
affect individual and company productivity: Provided, further, That any
employer may request exemption from the above requirements from the
DOLE on certain meritorious grounds.
Section 8. Parental Leave. - In addition to leave privileges under existing
laws, parental leave of not more than seven (7) working days every year shall
be granted to any solo parent employee who has rendered service of at least
one (1) year.
*if unused Not convertible to cash
PAYMENT OF WAGES
Who Sets Minimum Wage
1. Regional Tripartite and Productivity Boards
2. Congress
Art. 102. Forms of Payment No employer shall pay the wages of an
employee by means of promissory notes, vouchers, coupons, tokens, tickets,
chits or any object other than legal tender, even when expressly requested by
the employee.
- Payment of checks allowed if it is customary or if necessary
because of special circumstance as specified in appropriate
regulations to be issued by the Sec. of the DOLE or as stipulated
in a collective bargaining agreement.
Art. 103. Time of Payment wages shall be paid at least once every two
weeks or twice a month at intervals not exceeding 16 days.
Art. 104. Place of Payment Payment of wages shall be made at or near the
place of undertaking, except as otherwise provided by such rules and
regulations as the Secretary of Labor and Employment may prescribe under
conditions to ensure greater protection of wages.
Art. 105. Direct Payment of Wages Wages shall be paid directly to
workers to whom they are due.
WAGE DISTORTION non-strikable issue

Art. 106. Whenever an employer enters into a contract with another person
for the performance of the formers work, the employees of the contractor
and of the latters subcontractor, if any, shall be paid in accordance with the
provisions of this Code.
In the event that the contractor or subcontractor fails to pay the
wages of his employees in accordance with this Code, the employer shall be
jointly and severally liable with his contractor or subcontractor to such
employees to the extent of the work performed under the contract, in the
same manner and extent that he is liable to employees directly employed by
him.
Labor only contracting when the person supplying the workers to an
employer does not have substantial capital or investment in the form of tools
(T), equipment (E), machineries or work Premises (P), among others, and the
workers recruited and placed by such person are performing activities which
are directly related to the principal business of such employer. In such cases,
the person or intermediary shall be considered merely an agent of the
employer who shall be responsible to the workers in the same manner and
extent as if the latter were directly employed by him.
Probationary Employees may be dismissed on two grounds:
1. Just and Authorized Causes
2. Failure to cope/reach that reasonable standard of performance which
is an integral part of the probationary contract(Otherwise this cannot
be invoked as a ground to dismiss the probationary employee); the
contract of probationary employment is the gauge on whether the
probationary employee is entitled to be regularized; if there is no
notice that he did not qualify, he is deemed regularized by operation
of law
Who is regular employee:
1. A employee who is allowed to work after a probationary period (you
are a regular employee on the 181st day)
2. A casual employee who has worked for 1 year whether continuous or
broken
Article 281. Probationary employment. Probationary employment shall not
exceed six (6) months from the date the employee started working, unless it
is covered by an apprenticeship agreement stipulating a longer period. The
services of an employee who has been engaged on a probationary basis may
be terminated for a just cause or when he fails to qualify as a regular
employee in accordance with reasonable standards made known by the
employer to the employee at the time of his engagement. An employee who
is allowed to work after a probationary period shall be considered a regular
employee.
JUST CAUSES:
Article 288. Termination by employer. An employer may terminate an
employment for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the
lawful orders of his employer or representative in connection with
his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him
by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person
of his employer or any immediate member of his family or his duly
authorized representatives; and
(e) Other causes analogous to the foregoing.
Analogous Causes under established jurisprudence
1. Violation of company rules & regulations.
2. Theft of property owned by a co-employee, as distinguished
from theft of property owned by the employer.
3. Incompetence, inefficiency or ineptitude.
4. Failure to attain work quota.
5. Failure to comply with weight standards of employer. (?!)
6. Attitude problem is analogous to loss of trust and confidence.
STRIKE temporary stoppage of work by the concerted action of
employees as a result of an industrial or labor dispute.