PRELIMINARY CONSIDERATIONS Coverage clause - the provisions of the Labor Code “shall apply alike to all
workers”. This pertains to those employed in the private sector except those
Labor is the exertion by human beings of physical or mental efforts, or both,
towards the production of goods and services
Labor Law is the law that governs the rights and duties of the employer and
employees with respect to:
1. The terms and conditions of employment, and
2. Labor disputes arising from collective bargaining or other concerted activity
respecting such terms and conditions.
Labor Legislation consists of statutes, regulations and jurisprudence governing
the relations between capital and labor, by providing for certain employment
standards and a legal framework for negotiating, adjusting and administering those
standards and other incidents of employment
Classification of Labor Laws
1. Labor Standards – The minimum requirements prescribed by existing laws,
rules and regulations as to the terms and conditions of employment relating to
wages, hours of work, cost-of-living allowance, and other monetary and
welfare benefits, including occupational, safety and health standards.
2. Labor Relations – Defines and regulates the status, rights and duties, and
the institutional mechanisms that govern the individual and collective
interactions of Ers, Ees or their representatives.
Social Legislation refers to all laws passed by the State to promote public
welfare, or laws that provide particular kinds of protection or benefits to society or
segments thereof in furtherance of social justice. It includes statutes intended to
enhance the welfare of the people even where there is no employer-employee
relationship.
Welfare State concept is found in the constitutional clause on the promotion of
social justice to ensure the well-being and economic security of all the people, and
in the pledge of protection to labor with specific authority to regulate the relations
between landowners and tenants and between labor and capital.
Article 6, LABOR CODE. 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)
excluded by law; e.g. managerial employees are prohibited from joining labor
unions.
Exclusionary clause - “except as may be otherwise provided”; e.g. GOCCs with
special charters are not governed by the Labor Code except for the provisions on
employee’s compensation.
EMPLOYER-EMPLOYEE RELATIONSHIP
Q: What is the four-fold test in determining the existence of an employer-
employee relationship?
The following essential elements are generally considered:
a. the selection and engagement of the employee;
b. the payment of wages;
c. the power of dismissal;
d. the power to control the employee’s conduct.
TN: The power to control the employee’s conduct is the most crucial and
determinative indicator of the presence or absence of employer-employee
relationship.
Q: What is the “economic dependency test” in determining employer-
employee relationship?
The economic dependency test determines the degree of dependency of the
worker upon the employer for his continued employment in the latter’s line of
business. The proper standard of economic dependence is whether the worker is
dependent on the alleged employer for his continued employment in that line of
business.
CATEGORIES OF EMPLOYEES
Article 219, LABOR CODE. Definitions — xxx
(m) "Managerial employee" is one who is vested with powers or prerogatives to
lay down and execute management policies and/or to hire, transfer, suspend,
lay-off, recall, discharge, assign or discipline employees. Supervisory employees
are those who, in the interest of the employer, effectively recommend such
managerial actions if the exercise of such authority is not merely routinary or
clerical in nature but requires the use of independent judgment. All employees
not falling within any of the above definitions are considered rank-and-file
PAGE 1 | 44

employees for purposes of this Book. xxx
Q: What are the statutory kinds of employees?
Managerial, supervisory, rank-and-file
1. Managerial employee refers to those who are vested with power to lay
down and execute management policies and/or to hire, transfer, suspend,
lay-off, recall, discharge, assign or discipline employees.
2. Supervisory employees are those who, in the interest of the employer,
effectively recommend such managerial actions if the exercise of such
authority is not merely routinary or clerical in nature but requires the use of
independent judgment.
3. All employees not falling within the definition of managerial or supervisory
employees are considered rank-and-file employees
TN: Managerial, supervisory, rank-and-file are also categories of employees in the
private sector.
Q: What are the categories of employees in the Government?
High level or managerial and rank-and-file
Q: What are the kinds of employment?
1. As to tenure
a. Permanent - who is appointed to a job for an undefined and indefinite
period.
b. Temporary/Probationary - one who stays on the job for a defined or
pre-agreed period
2. As to Labor Code Book VI
a. Regular
b. Casual
c. Probationary
d. Project
e. Fixed-term
f. Seasonal
Q: Is the mode of compensation a determinative of regular employment?
No, while the employees’ mode of compensation was on a “per piece basis” the
status and nature of their employment was that of regular employees (Labor
Congress of the Phils v. NLRC, G.R. No. 123938, May 21, 1998)
REGULAR EMPLOYMENT
● Where the employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of the employer,
the provisions of written agreements to the contrary notwithstanding and
regardless of the oral agreements of the parties.
● Any employee who has rendered at least one (1) year of service, whether
such service is continuous or broken, shall be considered a regular employee
with respect to the activity in which he is employed and his employment shall
continue while such activity exists.
CASUAL EMPLOYMENT
● It is an employment where the employee is engaged in an activity which is not
usually necessary or desirable in the usual business or trade of the employer,
provided: such employment is neither Project nor Seasonal. He performs only
an incidental job in relation to the principal activity of the employer.
TN: Despite the distinction between regular and casual employment, every
employee shall be entitled to the same rights and privileges, and shall be subject
to the same duties as may be granted by law to regular employees during the
period of their actual employment.
Q: Can a casual employee become a regular employee?
Yes. If he has rendered at least 1 year of service, whether such service is
continuous or broken, he is considered as a regular employee with respect to the
activity in which he is employed and his employment shall continue while such
activity exists.
The purpose is to give meaning to the constitutional guarantee of security of tenure
and right to self-organization.
PROBATIONARY EMPLOYMENT
● It is employment where the employee, upon his engagement is made to
undergo a trial period during which the employer determines his fitness to
qualify for regular employment, based on reasonable standards made known
to the employee at the time of engagement.
Q: What is the period of probationary employment?
GR: It shall not exceed 6 months.
XPNs:
1. When there is an Apprenticeship or Learnership agreement stipulating a
different period;
2. When there is a voluntary agreement of parties (especially when the nature of
work requires a longer period). By voluntarily agreeing to such an extension,
the employee waived any benefit attaching to the completion of the period if
he still failed to make the grade during the period of extension;
3. When the employer gives the employee a second chance to pass the
standards set;
PAGE 2 | 44
 4. When the same is required by the nature of the work, e.g. the probationary
period set for professors, instructors and teachers is 3 consecutive years of
satisfactory service pursuant to DOLE Manual of Regulations for Private
Schools;
5. When the same is established by company policy.
Period of probation shall be reckoned from the date the employee actually started
working.
Probationary employees may be dismissed for just cause before the end of the
probationary period.
After the lapse of probationary period (6 months), the employee becomes regular.
Q: What are the grounds for terminating a probationary employment?
1. Just/authorized causes
2. 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.
TN: If pre-termination of probationary contract is due to a valid cause, the
employer is not liable to pay the monetary value of the unexpired portion of the
employment.
PROJECT EMPLOYMENT
Project employment is employment that has been fixed for:
1. Specific undertaking – a specific project or undertaking the completion; or
2. Time-bound – termination of which has been determined at the time of
engagement of the employee.
The period is not the determining factor, so that even if the period is more than 1
year, the employee does not necessarily become regular.
TN: Where the employment of a project employee is extended long after the
supposed project has been finished, the employees are removed from the scope of
project employees and considered as regular employees.
Q: What is the “day certain” rule?
It states that a project employment that ends on a certain date does not end on an
exact date but upon the completion of the project.
FIXED-TERM EMPLOYMENT
● It is an employment where a fixed period of employment was agreed upon:
1. Knowingly and voluntarily by the parties;
2. Without any force, duress or improper pressure being brought to bear
upon the employee and business of the employer.
Q: What is the Brent Doctrine?
Article 295 of the Labor Code does not prohibit an employment contract with a
fixed period, provided it is entered into by the parties without any force, duress of
improper pressure being brought to bear upon either party, particularly the
employee and absent any other circumstances vitiating consent. Such employment
for a defined period is allowed even where the duties of the employee consist of
activities usually necessary or desirable in the usual business of the employer.
SEASONAL EMPLOYMENT
● Employment where the job, work or service to be performed is seasonal in
nature and the employment is for the duration of the season.
Mercado vs. NLRC
For Seasonal employees, their employment legally ends upon completion of the
project or the season. The termination of their employment cannot and should not
constitute an illegal dismissal.
TN: Passage of time does not make a seasonal worker regular or permanent.
Q: Can seasonal employees become regular employees?
Yes. If the employee has been performing the job for at least a year, even if the
performance is not continuous and merely intermittent, the law deems repeated
and continuing need for its performance as sufficient evidence of the necessity if
not indispensability of that activity to the business. Hence, the employment is
considered regular, but only with respect to such activity and while such activity
exists.
TN: It is not enough that they perform work or services that are seasonal in nature.
They must have also been employed only for the duration of one season.
RECRUITMENT AND PLACEMENT OF WORKERS
ESSENTIAL ELEMENTS OF RECRUITMENT
Article 13, LABOR CODE. Definitions. —
a. “Worker” means any member of the labor force, whether employed or
unemployed.
b. “Recruitment and placement” refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not: Provided, That
any person or entity which, in any manner, offers or promises for a fee,
employment to two or more persons shall be deemed engaged in
PAGE 3 | 44
 recruitment and placement.
c. “Private fee-charging employment agency” means any person or entity
engaged in recruitment and placement of workers for a fee which is
charged, directly or indirectly, from the workers or employers or both.
d. “License” means a document issued by the Department of Labor
authorizing a person or entity to operate a private employment agency.
e. “Private recruitment entity” means any person or association engaged in
the recruitment and placement of workers, locally or overseas, without
charging, directly or indirectly, any fee from the workers or employers.
f. “Authority” means a document issued by the Department of Labor
authorizing a person or association to engage in recruitment and
placement activities as a private recruitment entity.
g. “Seaman” means any person employed in a vessel engaged in maritime
navigation.
h. “Overseas employment” means employment of a worker outside the
Philippines.
i. “Emigrant” means any person, worker or otherwise, who emigrates to a
foreign country by virtue of an immigrant visa or resident permit or its
equivalent in the country of destination.
Essential elements of recruitment:
Any act of canvassing, enlisting, transporting, contracting, hiring, utilizing, or
procuring workers (CETCHUP); and
Includes contact services, referrals, advertising or promising for employment,
locally or abroad, whether for profit or not. (CRAP).
TN: There must be an offer or promise of employment.
OBTAINING LICENSE FOR LOCAL EMPLOYMENT
License - a document issued by DOLE authorizing a person or entity to operate a
private employment agency. It shall be valid for a period of three (3) years from the
date of issuance unless sooner revoked or cancelled.
Authority - document issued by the DOLE authorizing a person or association to
engage in recruitment and placement activities as a private recruitment entity.
TN: When one is given a license, one is also authorized to collect fees. Unlike a
license, an authority does not entitle a private recruitment entity to collect fees.
Article 27, LABOR CODE. Citizenship requirement. — Only Filipino citizens or
corporations, partnerships or entities at least 75% of the authorized and voting
capital stock of which is owned and controlled by Filipino citizens shall be
permitted to participate in the recruitment and placement of workers, locally or
overseas.
Article 28, LABOR CODE. Capitalization. — All applicants for authority to hire
or renewal of license to recruit are required to have such substantial
capitalization as determined by the Secretary of Labor and Employment.
Article 29, LABOR CODE. Non-transferability of license or authority. — No
license or authority shall be used directly or indirectly by any person other than
the one in whose favor it was issued at any place other than that stated in the
license or authority, nor may such license or authority be transferred, conveyed
or assigned to any other person or entity. Any transfer of business address,
appointment or designation of any agent or representative including the
establishment of additional offices anywhere shall be subject to the prior
approval of the Department of Labor and Employment.
Requirements for obtaining license for local employment:
1. Citizenship Requirement
a. Filipino citizens
b. Partnerships or corporations with at least 75% of the authorized
capital stock is owned and controlled by Filipino citizens;
2. Capitalization - A minimum net worth/paid-up capital of P1million for single
proprietorship and partnership/corporation;
3. Payment of registration fees
4. Posting of surety or cash bonds
Prohibited activities are provided in Article 34 of Labor Code.
Article 34, LABOR CODE. Prohibited practices. — It shall be unlawful for any
individual, entity, licensee, or holder of authority:
a. To charge or accept, directly or indirectly, any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary
of Labor, or to make a worker pay any amount greater than that actually
received by him as a loan or advance;
b. To furnish or publish any false notice or information or document in
relation to recruitment or employment;
c. To give any false notice, testimony, information or document or commit
any act of misrepresentation for the purpose of securing a license or
authority under this Code.
d. To induce or attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is
designed to liberate the worker from oppressive terms and conditions of
PAGE 4 | 44
 employment;
Prohibited activities are in Sec. 6 of the Migrant Workers Act of 1995 or RA 8042,
e. To influence or to attempt to influence any person or entity not to employ as amended by RA 10022.
any worker who has not applied for employment through his agency;
f. To engage in the recruitment or placement of workers in jobs harmful to
Section 5, RA 10022. Section 6 of Republic Act No. 8042, as amended, is
public health or morality or to the dignity of the Republic of the
hereby amended to read as follows:
Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor
"SEC. 6. Definition. - For purposes of this Act, illegal recruitment shall mean any
or by his duly authorized representatives;
act of canvassing,enlisting, contracting, transporting, utilizing, hiring, or
h. To fail to file reports on the status of employment, placement vacancies,
procuring workers and includes referring, contract services, promising or
remittance of foreign exchange earnings, separation from jobs,
advertising for employment abroad, whether for profit or not, when undertaken
departures and such other matters or information as may be required by
by non-licensee or non-holder of authority contemplated under Article 13(f) of
the Secretary of Labor.
Presidential Decree No.442, as amended, otherwise known as the Labor Code
i. To substitute or alter employment contracts approved and verified by the
of the Philippines: Provided, That any such non-licensee or non-holder who, in
Department of Labor from the time of actual signing thereof by the
any manner, offers or promises for a fee employment abroad to two or more
parties up to and including the periods of expiration of the same without
persons shall be deemed so engaged. It shall likewise include the following acts,
the approval of the Secretary of Labor;
whether committed by any person, whether a non-licensee, non-holder, licensee
j. To become an officer or member of the Board of any corporation
or holder of authority:
engaged in travel agency or to be engaged directly or indirectly in the
management of a travel agency; and
"(a) To charge or accept directly or indirectly any amount greater than that
k. To withhold or deny travel documents from applicant workers before
specified in the schedule of allowable fees prescribed by the Secretary of Labor
departure for monetary or financial considerations other than those
and Employment, or to make a worker pay or acknowledge any amount greater
authorized under this Code and its implementing rules and regulations.
than that actually received by him as a loan or advance;

OBTAINING LICENSE FOR OVERSEAS EMPLOYMENT
Requirements for obtaining license for overseas employment:
1. Citizenship Requirement
a. Filipino citizens
b. Partnerships or corporations with at least 75% of the authorized
capital stock is owned and controlled by Filipino citizens;
2. Capitalization - a minimum capitalization/paid-up capital of P5million for
single proprietorship and partnership/ corporation;
3. Not otherwise disqualified by law or other government regulations to
engage in the recruitment and placement of workers for overseas
employment;
4. Payment of registration fees
5. Posting of surety or cash bonds
"(b) To furnish or publish any false notice or information or document in relation
to recruitment or employment;
"(c) To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority under
the Labor Code, or for the purpose of documenting hired workers with the
POEA, which include the act of reprocessing workers through a job order that
pertains to nonexistent work, work different from the actual overseas work, or
work with a different employer whether registered or not with the POEA;
"(d) To include or attempt to induce a worker already employed to quit his
employment in order to offer him another unless the transfer is designed to
liberate a worker from oppressive terms and conditions of employment;

A license to recruit is non-transferrable. "(e) To influence or attempt to influence any person or entity not to employ any

PAGE 5 | 44
worker who has not applied for employment through his agency or who has
formed, joined or supported, or had contacted or is supported by any union or
workers' organization;
"(f) To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
"(h) To fail to submit reports on the status of employment, placement vacancies,
remittance offoreign exchange earnings, separation from jobs, departures and
such other matters or information as may be required by the Secretary of Labor
and Employment;
"(i) To substitute or alter to the prejudice of the worker, employment contracts
approved and verified by the Department of Labor and Employment from the
time of actual signing thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department of Labor and
Employment;
"(j) For an officer or agent of a recruitment or placement agency to become an
officer or member of the Board of any corporation engaged in travel agency or to
be engaged directly or indirectly in the management of travel agency;
"(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations, or for any other reasons,
other than those authorized under the LaborCode and its implementing rules
and regulations;
"(l) Failure to actually deploy a contracted worker without valid reason as
determined by theDepartment of Labor and Employment;
"(m) Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be considered
an offense involving economic sabotage; and
"(n) To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
"Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring or confederating with one another. It is
deemed committed in large scale if committed against three (3) or more persons
individually or as a group.
"In addition to the acts enumerated above, it shall also be unlawful for any
person or entity to commit the following prohibited acts:
"(1) Grant a loan to an overseas Filipino worker with interest exceeding eight
percent (8%) per annum, which will be used for payment of legal and allowable
placement fees and make the migrant worker issue, either personally or
through a guarantor or accommodation party,postdated checks in relation to
the said loan;
"(2) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to avail of a loan only from specifically designated
institutions, entities or persons;
"(3) Refuse to condone or renegotiate a loan incurred by an overseas Filipino
worker after the latter's employment contract has been prematurely terminated
through no fault of his or her own;
"(4) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo health examinations only from specifically
designated medical clinics,institutions, entities or persons, except in the case of
a seafarer whose medical examination costis shouldered by the
principal/shipowner;
"(5) Impose a compulsory and exclusive arrangement whereby an overseas
Filipino worker is required to undergo training, seminar, instruction or schooling
of any kind only from specifically designated institutions, entities or persons,
except for recommendatory trainings mandated by principals/shipowners where
the latter shoulder the cost of such trainings;
"(6) For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers' applications;
and
"(7) For a recruitment/manning agency or a foreign principal/employer to pass
on the overseasFilipino worker or deduct from his or her salary the payment of
the cost of insurance fees,premium or other insurance related charges, as
provided under the compulsory workers insurance coverage.
"The persons criminally liable for the above offenses are the principals,
accomplices and accessories.In case of juridical persons, the officers having
PAGE 6 | 44
 ownership, control, management or direction of their business who are
responsible for the commission of the offense and the responsible
employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under
this section, theSecretary of Labor and Employment, the POEA Administrator or
their duly authorized representatives,or any aggrieved person may initiate the
corresponding criminal action with the appropriate office. For This purpose, the
affidavits and testimonies of operatives or personnel from the Department of
Laborand Employment, POEA and other law enforcement agencies who
witnessed the acts constituting the offense shall be sufficient to prosecute the
accused.
"In the prosecution of offenses punishable under this section, the public
prosecutors of the Department Of Justice shall collaborate with the anti-illegal
recruitment branch of the POEA and, in certain cases,allow the POEA lawyers to
take the lead in the prosecution. The POEA lawyers who act as prosecutor in
such cases shall be entitled to receive additional allowances as may be
determined by the POEAAdministrator.
"The filing of an offense punishable under this Act shall be without prejudice to
the filing of cases punishable under other existing laws, rules or regulations."
Venue for filing actions for prohibited practices:
● DOLE in cases falling under Art. 34, Labor Code (local employment)
● POEA or Secretary of Labor in cases under Sec. 6 of RA 8042, as amended
(overseas employment)
Remedy if license is revoked:
● Local - appeal to the Secretary of Labor within 10 days from receipt of notice
of cancellation.
● Overseas - appeal to the Secretary of Labor within 15 days from receipt of
notice of cancellation,
then to the CA, and then to the SC via special civil action certiorari.
BOND TO OPERATE RECRUITMENT AGENCY
Article 30, LABOR CODE. Registration fees. — The Secretary of Labor and
Employment shall promulgate a schedule of fees for the registration of all
applicants for license or authority.
Article 31, LABOR CODE. Bonds. — All applicants for license or authority shall
post such cash and surety bonds as determined by the Secretary of Labor and
Employment to guarantee compliance with prescribed recruitment procedures,
rules and regulations, and terms and conditions of employment as appropriate.
Article 32, LABOR CODE. Fees to be paid by workers. — Any person applying
with a private fee charging employment agency for employment assistance shall
not be charged any fee until he has obtained employment through his efforts or
has actually commenced employment. Such fee must be always covered with
approved receipt clearly showing the amount paid. The Secretary of Labor and
Employment shall promulgate a schedule of allowable fees.
ILLEGAL RECRUITMENT
Article 38, LABOR CODE. Illegal recruitment. — (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. 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.
Illegal recruitment is deemed committed by a syndicate if carried out by a group
of three (3) or more persons conspiring and/or confederating with one another in
carrying out any unlawful or illegal transaction, enterprise or scheme defined
under the first paragraph hereof. Illegal recruitment is deemed committed in
large scale if committed against three (3) or more persons individually or as a
group.
(c) The Secretary of Labor and Employment or his duly authorized
representatives shall have the power to cause the arrest and detention of such
non-licensee or non-holder of authority if after investigation it is determined that
his activities constitute a danger to national security and public order or will lead
to further exploitation of job-seekers. The Secretary shall order the search of the
office or premises and seizure of documents, paraphernalia, properties and
other implements used in illegal recruitment activities and the closure of
companies, establishments and entities found to be engaged in the recruitment
of workers for overseas employment, without having been licensed or authorized
to do so.
PAGE 7 | 44
Under Art. 38 of the Labor Code, illegal recruitment means any recruitment
activities, including the prohibited practices enumerated under Article 34 of the
same Code, to be undertaken by non-licensees or non-holders of authority.
Under RA 8042, as amended by RA 10022, illegal recruitment shall mean any
act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring
workers and includes referring, contract services, promising or advertising for
employment abroad, whether for profit or not, when undertaken by non-licensee or
non-holder of authority: Provided, That any such non-licensee or non-holder who,
in any manner, offers or promises for a fee employment abroad to two or more
persons shall be deemed so engaged.
ELEMENTS OF ILLEGAL RECRUITMENT:
1. The offender is a licensee/non-licensee or holder/non-holder of authority
engaged in the recruitment and placement of workers; and
2. The offender undertakes:
a. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring,
or procuring workers and includes referring, contract services, promising
or advertising for employment abroad, whether for profit or not; or
b. Any prohibited practices enumerated
Darvin vs. Court of Appeals
To uphold the conviction of accused-appellant for illegal recruitment, two elements
need to be shown: (1) the person charged with the crime must have undertaken
recruitment activities; and (2) the said person does not have a license or authority
to do so. By themselves, procuring a passport, airline tickets and foreign visa for
another individual, without more, can hardly qualify as recruitment activities.
DARVIN ACQUITTED.
People vs. Jamilosa
Material consideration is not an essential element of illegal recruitment. It can
be gleaned from the language of Article 13 (b) of the Labor Code that the act
of recruitment may be for profit or not. It is sufficient that the accused promises
or offers for a fee employment to warrant conviction for illegal recruitment.
People vs. Panis
The number of persons dealt with is not an essential ingredient of the act of
recruitment and placement of workers. Any of the acts mentioned in Article 13(b),
i.e. "canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring
(of) workers," will constitute recruitment and placement even if only one
prospective worker is involved.
People vs. Goce
Recruitment and placement includes referrals. Appellant’s act of referring the
prosecution’s witnesses to spouses Goce who are neither licensed nor authorized
to recruit workers for overseas employment constitutes illegal recruitment.
TYPES OF ILLEGAL RECRUITMENT
1. Simple – is committed where a licensee/non-licensee or holder/non-holder of
authority undertakes either any recruitment activities defined under Article
13(b), or any prohibited practices enumerated under Section 5 of RA 10022.
2. Illegal Recruitment is Economic Sabotage when complex illegal recruitment is
committed.
a. Syndicated – committed by a syndicate if carried out by a group of three
(3) or more persons in conspiracy or confederation with one another;
b. Large Scale or qualified – committed against three (3) or more persons
individually or as a group despite the lack of necessary license from POEA
“Illegal recruitment in large scale” pertains to the number of victims while
“syndicated illegal recruitment” pertains to the number of recruiters.
PROHIBITED PRACTICES
It shall be unlawful for any individual, entity, licensee, or holder of authority:
1. To charge or accept, directly or indirectly, any amount greater than that
specified in the schedule of allowable fees prescribed by the Secretary of
Labor, or to make a worker pay any amount greater than that actually
received by him as a loan or advance (Overcharging);
2. To furnish or publish any false notice or information or document in relation to
recruitment or employment (False Notice);
3. To give any false notice, testimony, information or document or commit any
act of misrepresentation for the purpose of securing a license or authority
under this Code (Misrepresentation to Secure License);
4. To induce or attempt to induce a worker already employed to quit his
employment in order to offer him to another unless the transfer is designed to
liberate the worker from oppressive terms and conditions of employment
(Inducing Worker to Quit);
5. To influence or to attempt to influence any person or entity not to employ any
worker who has not applied for employment through his agency (Inducement
not to Employ);
6. To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines
(Recruitment for Harmful Jobs);
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 7. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by
his duly authorized representatives (Obstructing Inspection);
8. To fail to file reports on the status of employment, placement vacancies,
remittance of foreign exchange earnings, separation from jobs, departures
and such other matters or information as may be required by the Secretary of
Labor (Nonsubmission of Reports);
9. To substitute or alter employment contracts approved and verified by the
Department of Labor from the time of actual signing thereof by the parties up
to and including the periods of expiration of the same without the approval of
the Secretary of Labor (Contract Substitution);
10. To become an officer or member of the Board of any corporation engaged in
travel agency or to be engaged directly or indirectly in the management of a
travel agency (Involvement in Travel Agency);
11. To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under this Code and its implementing rules and regulations
(Withholding of Documents) (LC, Art. 34).
12. Failure to actually deploy a contracted worker without valid reason as
determined by the DOLE (Failure to Deploy);
13. Failure to reimburse expenses incurred by the worker in connection with his
documentation and processing for purposes of deployment, in cases where
the deployment does not actually take place without the worker's fault. Illegal
recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage (Failure to Reimburse);
14. Allowing a non-Filipino citizen to head or manage a licensed
recruitment/manning agency (Non-Filipino Manager).
In addition to the above-mentioned prohibitions:
1. Granting a loan to an OFW which will be used for payment of legal and
allowable placement fees ;
2. Refusing to condone or renegotiate a loan incurred by an OFW after his
employment contract has been prematurely terminated through no fault of his
or her own (Non-Renegotiation of Loan);
3. For a suspended recruitment/manning agency to engage in any kind of
recruitment activity including the processing of pending workers' applications
(Violation of Suspension);
4. For a recruitment/manning agency or a foreign principal/employer to pass on
the OFW or deduct from his or her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as provided
under the compulsory worker's insurance coverage (Collection of Insurance
Premium); and
5. Imposing a compulsory and exclusive arrangement whereby an OFW is
required to:
a. Avail a loan only from specifically designated institutions, entities or
persons (Specifying a Loan Entity).
b. To undergo health examinations only from specifically designated
medical entities or persons, except seafarers whose medical examination
cost is shouldered by the shipowner (Specifying a Medical Entity).
c. To undergo training of any kind only from designated institutions, entities
or persons, except for recommendatory trainings mandated by principals
or shipowners (Specifying a Training Entity).
Q: Who are criminally liable?
The persons criminally liable for the above offenses are the principals,
accomplices and accessories. In case of juridical persons, the officers having
control, management or direction of their business shall be liable.
PRESCRIPTIVE PERIOD
Section 7, Rule IV, RA 10022. Prescription. — Illegal recruitment cases under
this Rule shall prescribe in five (5) years; Provided,however, that illegal
recruitment cases involving economic sabotage shall prescribed in twenty (20)
years.
Article 305, LABOR CODE. Offenses. — Offenses penalized under this Code
and the rules and regulations issued pursuant thereto shall prescribe in three
years.
All unfair labor practices arising from Book V shall be filed with the appropriate
agency within one year from accrual of such unfair labor practice; otherwise,
they shall be forever barred.
Grounds: ART. 34, LC
Action shall prescribe in 3 years.
Grounds: RA 8042, as amended by RA 10022
1. Simple Illegal Recruitment shall prescribe in 5 years from the time illegal
recruitment was committed;
2. Qualified illegal recruitment or Economic Sabotage shall prescribe in 20 years
from the time illegal recruitment was committed.
PENALTIES FOR ILLEGAL RECRUITMENT
Article 39, LABOR CODE. (Repealed by R.A. No. 8042, Sec. 7)
Section 6, RA 10022. Section 7 of Republic Act No. 8042, as amended, is
hereby amended to read as follows:
PAGE 9 | 44
"SEC. 7. Penalties. -
ILLEGAL RECRUITMENT vs. ESTAFA
"(a) Any person found guilty of illegal recruitment shall suffer the penalty of
Cases for illegal recruitment and estafa may be filed simultaneously or separately.
imprisonment of not less than twelve (12) years and one (1) day but not more
The filing of charges for illegal recruitment does not bar the filing of estafa, and
than twenty (20) years and a fine of not less than One million pesos
vice versa.
(P1,000,000.00) nor more than Two million pesos (P2,000,000.00).
"(b) The penalty of life imprisonment and a fine of not less than Two million
pesos(P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall ILLEGAL RECRUITMENT ESTAFA
be imposed if illegal recruitment constitutes economic sabotage as defined Malum prohibitum Malum in se
therein.
"Provided, however, That the maximum penalty shall be imposed if the person It is not required that it be shown that Accused defrauded another by abuse
illegally recruited is less than eighteen (18) years of age or committed by a non- the recruiter wrongfully represented of confidence, or by means of deceit.
licensee or non-holder of authority. himself as a licensed recruiter.
"(c) Any person found guilty of any of the prohibited acts shall suffer the penalty It is essential that the false statement
of imprisonment of not less than six (6) years and one (1) day but not more than It is enough that the victims were or fraudulent representation constitutes
twelve (12) years and a fine of not less than Five hundred thousand pesos deceived as they relied on the the very cause or the only motive which
(P500,000.00) nor more than One million pesos(P1,000,000.00). misrepresentation and scheme that induces the complainant to part with
"If the offender is an alien, he or she shall, in addition to the penalties herein caused them to entrust their money in the thing of value.
prescribed, be deported without further proceedings. exchange of what they later discovered
"In every case, conviction shall cause and carry the automatic revocation of the was a vain hope of obtaining
license or registration of the recruitment/manning agency, lending institutions, employment abroad.
training school or medical clinic."
People vs. Manungas
Manugas had represented to the complainants that he could send them abroad as
janitors in Saudi Arabia, hence, complainants gave him their hard-earned money.
OFFENDER/OFFENSE PENALTY
Held: Manugas is guilty of the crimes of Estafa and Illegal Recruitment. A person
who violates any of the provisions under Article 13(b) and Article 34 of the Labor
Illegal recruitment as economic sabotage Life imprisonment + P2M-P5M fine
Code can be charged and convicted separately of illegal recruitment and estafa
Provided:
because illegal recruitment is a malum prohibitum where the criminal intent of the
1. If person illegally recruited is Maximum penalty shall be imposed
accused is not necessary for a conviction while estafa is a malum in se where
below 18 years of age or (non-bailable)
criminal intent of the accused is necessary for a conviction.
2. Illegal recruitment is committed
by a nonlicensee/non-holder
People vs. Benemetrio
Benemetrio recruited at least three persons by giving them the impression of his
Any person found guilty of illegal 12 years and 1 day to 20 years ability to send workers abroad, assuring them of their employment in Japan, and
recruitment imprisonment + P1M-P2M fine collecting various amounts for alleged processing and placement fees, without
license nor authority to so recruit or offer job placements abroad.
Any person found guilty of the prohibited 6 years and 1 day to 12 years
Held: Benemetrio committed large scale illegal recruitment and estafa. A person
acts imprisonment + P500K - P1M fine
who commits illegal recruitment may be charged and convicted separately of illegal
Alien Penalties prescribed under RA 10022, recruitment and estafa, as the former is malum prohibitum where the criminal
+ deportation without further intent of the accused is not necessary for conviction, while estafa is malum in se
proceedings where the criminal intent of the accused is necessary for conviction.

In every case Automatic revocation of the license or People vs. Gomez

registration

PAGE 10 | 44
Even if Gomez, a travel agent, did not purposely seek out the complainants to
apply as workers in Japan, his subsequent false misrepresentations that he had
the capacity to procure employment for them, without the authority from the POEA,
made him liable for illegal recruitment.
GENERAL LABOR STANDARDS
PRESCRIBED WORKING CONDITIONS
HOURS OF WORK
Article 83, LABOR CODE. Normal hours of work. — The normal hours of work
of any employee shall not exceed eight (8) hours a day.
Health personnel in cities and municipalities with a population of at least one
million (1,000,000) or in hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5)
days a week, exclusive of time for meals, except where the exigencies of the
service require that such personnel work for six (6) days or forty-eight (48)
hours, in which case, they shall be entitled to an additional compensation of at
least thirty percent (30%) of their regular wage for work on the sixth day. For
purposes of this Article, “health personnel” shall include resident physicians,
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and
all other hospital or clinic personnel.
GR: The normal hours of work of any employee shall not exceed 8 hours a day.
XPNs:
1. Health personnel
GR: 8 hours for 5 days (40-hour workweek), exclusive of time for meals.
XPN: Where the exigencies of the service require that such personnel
work for 6 days or 48 hours, they shall be entitled to an additional
compensation of at least 30% of their regular wage for work on the 6th
day.
2. Compressed workweek - a scheme where the normal workweek is reduced
to less than 6 days but the total number of work-hours of 48 hours per week
shall remain.
Union of Filipino Employees vs. Vivar
Petitioners who are sales personnel are field personnel because even if they report
to the office before 8:00 a.m. prior to field work and come back at 4:30 p.m, the
company has no way of determining whether or not they really spend the hours in
between in actual field work.
HOURS WORKED
Working Time - is one during which an employee is actually working. It may
include an instance when an employee is not actually working but he is required to
be present in the employer's premises. Thus, the fact that he is required to be
present although not actually doing any work, is still deemed working time.
When Hours Worked are Compensable
1. Employee is required to be on duty or to be at a prescribed workplace;
2. Employee is suffered or permitted to work;
3. Rest periods of short duration during working hours which shall not be
more than 20 minutes; and
4. Meal periods of less than 20 minutes.
TN: Travel time, when beneficial to the employer, is compensable.
Rada vs. NLRC
Rada, a driver employed by Philnor picks up employees of the company at certain
specified points along EDSA in going to the project site and drops them off at the
same points on his way back from the field office going home. Held: Said
transportation arrangement had been adopted, not so much for the convenience of
the employees, but primarily for the benefit of the employer. Hence, Rada is
entitled to overtime pay.
Engaged to wait vs. Waiting to be engaged
In engaged to wait, waiting is an integral part of the job, thus the time spent
waiting is compensable; while in waiting to be engaged, idle time is not working
time, thus not compensable.
Waiting time shall be considered as working time if:
1. Waiting is an integral part of this work;
2. When an employee is required or engaged by the employer to wait; or
3. When an employee is required to remain on call in the employer’s
premises or so close thereto that he cannot use the time effectively and
gainfully for his own purpose
Note: An employee who is not required to leave word at his home or with company
officials where he may be reached is not working while on call
PAGE 11 | 44
TN: The controlling factor is whether waiting time spent in idleness is so spent
predominantly for the employer’s benefit or for the employee’s
ON CALL TIME
TRAVEL TIME
Travel from home to work
GR: Normal travel from home to work is not working time.
XPNs:
a. Emergency call outside his regular working hours where he is required to
travel to his regular place of business or some other work site.
b. Done through a conveyance provided by the employer.
c. Done under the supervision and control of the employer.
d. Done under vexing and dangerous circumstances.
Travel that is all in a day’s work – time spent in travel as part of the employee's
principal activity.
Travel away from home
GR:
a. Travel that requires an overnight stay on the part of the employee when it
cuts across the employee’s workday is clearly working time.
b. The time is not only hours worked on regular workdays but also during
corresponding working hours on non-working days. Outside of these
regular working hours, travel away from home is not considered working
time.
XPN: During meal period or when employee is permitted to sleep in adequate
facilities furnished by the Er.
ATTENDANCE AT LECTURES, MEETINGS, TRAININGS
Attendance at lectures, meetings, trainings programs and similar activities need
not be counted as working time if the following criteria are met:
1. Attendance is outside of the employee's regular working hours;
2. Attendance is in fact voluntary;
3. The employee does not perform any productive work during such
attendance
Semestral break of teachers is considered as compensable hours worked for it is a
form of an interruption beyond their control. Payment compensation is given only
to regular full-time teachers
Work Hours of Seaman Seamen are required to stay on board their vessels by
the very nature of their duties, and it is for this reason that, in addition to their
regular compensation, they are given free living quarters and subsistence
allowances when required to be on board. It could not have been the purpose of
the law to require their employers to pay them overtime even when they are not
actually working; otherwise, every sailor on board a vessel would be entitled to
overtime for sixteen hours each day, even if he had spent all those hours resting or
sleeping in his bunk, after his regular tour of duty. The correct criterion in
determining whether or not sailors are entitled to overtime pay is not, therefore,
whether they were on board and cannot leave ship beyond the regular eight
working hours a day, but whether they actually rendered service in excess of said
number of hours.
ASSEMBLY TIME
Preliminary (before work) and postliminary (after actual work) activities are
deemed performed during working hours and compensable when:
1. Such activities are controlled by the employer or required by the employer;
2. Pursued necessarily and primarily for the employer's benefit.
Employees are the entitled to portal pay for time spent on incidental activities
before or after the regular working period (CCHI, Labor Law Course, 318).
Arica vs. NLRC
The farm workers who lived in the farm were required to assemble 30 minutes
before work for roll call. Held: The 30-minute assembly time is not compensable
under the Labor Code. Their houses are situated right on the area where the farm
are located, such that after the roll call, they can go back to their houses to attend
to some chores. In short, they are not subject to the absolute control of the
company during this period. Otherwise, their failure to report in the assembly time
would justify the company to impose disciplinary measures
MEAL PERIOD
Every employer shall give his employees not less than 60 minutes or 1 hour time-
off for regular meals (LC, Art. 85).
Non-Compensable Meal Period - during a time-off where the employee is
completely relieved from duty.
Compensable Meal Period - where the lunch period or meal time:
1. Is predominantly spent for the employer’s benefit; or
2. Is less than 60 minutes.
PAN AM vs. Pan American Employees Association
PAGE 12 | 44
During the meal period, the mechanics were required to stand by for emergency
work; and if they happened not to be available when called, they were
reprimanded by the leadman. Held: The one-hour meal period should be
considered over time work. It was not one of complete rest, but was actually a
work hour, since for its duration, the laborers had to be on ready call.
OVERTIME WORK
Overtime work is the service rendered in excess of and in addition to eight hours
on ordinary working days, which are the prescribed daily work period.
● DOLE 129 Seamen (Up to 6hrs)
● DOLE bus conductor (up to 4hrs)
Overtime pay is the additional compensation of at least 25% on the regular wage
for the service or work rendered or performed in excess of 8 hours a day by
employees or labourers in employment covered by the Eight-hour Labor Law (LC,
Art. 87).
Express instruction from the employer to the employee to render OT work is not
required for the employee to be entitled to OT pay; it is sufficient that the employee
is permitted or suffered to work. However, written authority after office hours during
rest days and holidays are required for entitlement to compensation.
Entitlement to overtime pay must first be supported by sufficient proof that said
overtime work was actually performed, before an employee may avail of said
benefit
Waiver of overtime pay
GR: The right to overtime pay cannot be waived. The right is intended for the
benefit of the laborers and employees. Any stipulation in the contract that the
laborer shall work beyond eight hours without additional compensation for the
extra hours is contrary to law and null and void.
Detective and Protective Bureau, Inc. vs. CIR
The Bureau contended that the members of the Association impliedly renounced
their right to claim OT pay since until the commencement of the litigation, they
never claimed for the same. Held: The law gives laborers the right to extra
compensation even if they never claimed for OT pay. As they could not expressly
waive such extra compensation, they cannot be held to have impliedly waived it.
XPNs:
1. When the alleged waiver of overtime pay is in consideration of benefits and
privileges which may be more than what will accrue to them in overtime pay,
the waiver may be permitted
2. Compressed workweek
NIGHTSHIFT DIFFERENTIAL
An employee shall be paid night shift differential of no less than ten percent (10%)
of his regular wage for each hour of work performed between 10:00 PM and 6:00
AM.
GR: All employees are entitled to NSD.
XPNs:
1. Those of the government and any of its political subdivisions, including
government-owned and/or controlled corporations;
2. Those of retail and service establishments regularly employing not more than
five (5) workers;
3. Domestic helpers and persons in the personal service of another;
4. Managerial employees as defined in Book Three of this Code;
5. Field personnel and other employees whose time and performance is
unsupervised by the employer including those who are engaged on task or
contract basis, purely commission basis, or those who are paid a fixed
amount for performing work irrespective of the time consumed in the
performance thereof (Sec 1, Rule II, IRR, Labor Code).
Waiver of NSD
GR: Waiver of NSD is against public policy.
XPN: Waiver is allowed if this will result to higher or better benefits to employees.
Night Differential in Overtime Pay - If work is done between 10PM and 6AM is
overtime work, then the 10% NSD should be based on the overtime rate.
When the tour of duty of an employee falls at night time, the receipt of overtime
pay will not preclude the right to night differential pay. The latter is payment for
work done during the night and the other is payment for the excess of the regular
eight-hour work.
WEEKLY REST DAY
Every employer shall give his employees a rest period of not less than 24
consecutive hours after every 6 consecutive normal work days.
A. Rest day of Ordinary Employees
B. Rest day of Health Personnel
C. Rest day of Domestic Workers
D. The Right of Choice
PAGE 13 | 44
GR: employer shall determine and schedule the WRD of his employee. GR: All employees of hotels, restaurants and similar establishments collecting
XPNs: service charges are covered, regardless of their position, designation, and
1. CBA employment status, irrespective of the method by which their wages are paid.
2. Rules and regulations as the SLE provides XPN: Managerial employees
3. Preference of employee based on religious grounds – employee shall
make known his preference in writing at least 7 days before the desired FLEXIBLE WORK SCHEDULE
effectivity of the initial rest day so preferred.
XPN to XPN 3: employer may schedule the WRD of his choice for at least ● The employer shall provide for a flexible work schedule for solo parents:
2 days in a month if the preference of the employee will inevitably result in Provided, That the same shall not affect individual and company productivity:
serious prejudice to the operations of the undertaking; and the employer Provided further, That any employer may request exemption from the above
cannot normally be expected to resort to other remedial measures. requirements from the DOLE on certain meritorious grounds. In the case of
employees in the government service, flexible working hours will be subject to
The employer is mandated to respect the choice of its employee as to their rest the discretion of the head of the agency. In no case shall the weekly working
day based on religion. hours be reduced in the event the agency adopts the flexible working hours
● Rest day not necessarily Sunday or holiday schedule format (flexi-time). In the adoption of flexi-time, the core working
● All establishments and enterprises may operate or open for business on hours shall be prescribed taking into consideration the needs of the service
Sundays and holidays provided that the employees are given the weekly
rest day and the benefits provided under the law COMPRESSED WORKWEEK
PREMIUM PAY
● It is a scheme where the normal workweek is reduced to less than 6 days
● The additional compensation for work rendered by the employee on days but the total number of work-hours of 48 hours per week shall remain.
when normally he should not be working such as special holidays and WRDs.
● Refers to the additional compensation required by law to be paid for work WAGES
performed within the regular eight (8) hours on non-working days such as rest
days and special holidays. ● It is the remuneration or earnings, however designated, capable of being
● Refers to the regular wage combined with the additional compensation of expressed in terms of money, whether fixed or ascertained on a time, task,
30% under Article 93 and 100% under Article 94. piece, or commission basis, or other method of calculating the same, payable
by an employer to an employee under a written or unwritten contract of
HOLIDAY PAY employment:
1. For work done or to be done, or for services rendered or to be rendered;
● Holiday Pay is a one-day pay given by law to an employee even if he does 2. Includes fair and reasonable value of board, lodging, or other facilities
not work on a regular holiday customarily furnished by the employer to the employee as determined by
SLE.
SERVICE CHARGES
WAGE SALARY
● These are charges collected by hotels, restaurants and similar
establishments at the rate of 85% for covered employees equally distributed Compensation for manual labor (skilled Paid to “white collared workers” and
among them, and 15% for the management to answer for losses and or unskilled) also known as “blue denotes a higher degree of
breakages. collared workers,” paid at stated times employment or a superior grade of
● and measured by the day, week, month services and implies a position or
● Covered employees or season. office.
Considerable pay for a lower and less Suggestive of a larger and more
responsible character of employment. permanent or fixed compensation for
more important service

PAGE 14 | 44
GR: Not subject to execution Subject to execution. DEDUCTION Deductible from wage Not wage deductible
XPN: Debts incurred for food, shelter,
clothing and medical attendance. TO WHOSE BENEFIT For the benefit of the Granted for the
worker and his family. convenience of the
employer.
FACILITIES
PRINCIPLE OF NON-DIMINUTION OF BENEFITS
● Facilities include those articles or services of benefit to the employee and his
family such as rice ration, housing, recreational facilities, medical treatment to GR: Nothing in the Labor Code shall be construed to eliminate or in any way
dependents, school facilities, cost of light, water, fuel, meals or snacks. diminish supplements, or other employee benefits being enjoyed at the time of the
promulgation of the Code (LC, Art. 100).
Requirements before deducting facilities from wages
1. Proof must be shown that such facilities are customarily furnished by the Benefits being given to employees cannot be taken back or reduced unilaterally by
trade; the employer because the benefit has become part of the employment contract,
2. The provision of deductible facilities must be voluntarily accepted in writing; whether written or unwritten.
3. The facilities must be charged at fair and reasonable value.
XPN:
Mabeza vs. NLRC 1. Correction of error
Petitioner was dismissed as a chambermaid in private respondent’s hotel. The 2. Contingent benefit or conditional bonus
requirements for deducting values for facilities were not met in the instant case. 3. Wage order compliance
Private respondent failed to present any company policy or guideline to show that 4. Benefits on reimbursement basis
the meal and lodging are part of the salary; he failed to provide proof of the 5. Reclassification of position
employee's written authorization; and, he failed to show how he arrived at the 6. Negotiated benefits
valuations. More significantly, the food and lodging, or the electricity and water 7. Productivity incentives
consumed by the petitioner were not facilities but supplements.
There is no diminution of benefits if sick leave benefits are merged with vacation
Millares vs. NLRC and PICOP leave because there was no reduction in the benefits received.

Traders Royal Bank vs. NLRC

SUPPLEMENTS
● Supplements are extra remunerations or benefits given to or received by
laborers over and above their ordinary earnings or wages. E.g. vacation leave
pay, overtime pay in excess of the legal rate, profit-sharing benefits, sick
pension, retirement and death benefits, family allowances, Christmas bonus,
war-risk or cost-of-living bonuses or other bonuses other than those paid as
reward for extra output or time spent on the jobs.
● Since they are not considered as part of wages, their value cannot be
deducted from the cash wage of an employee.
BASIS FACILITIES SUPPLEMENTS
INCLUSION Forms part of the wage Independent of wage
Respondent union filed a complaint against TRB for diminution of benefits in
reducing their bonus for 1986. Held: No diminution of benefits. The granting of a
bonus is basically a management prerogative which cannot be forced upon the
employer “who may not be obliged to assume the onerous burden of granting
bonuses or other benefits aside from the employee’s basic salaries or wages”.
TSPIC Corporation vs. TSPIC Employees Union
An erroneously granted benefit may be withdrawn without violating the prohibition
against non-diminution of benefits. Hence, any amount given to the employees in
excess of what they were entitled to may be legally deducted by TSPIC from the
employees' salaries.
MINIMUM WAGE

PAGE 15 | 44
● Minimum wage is the lowest wage rate fixed by law that an employer can pay hour work or a proportion thereof for less than eight hours work (Art. 124,
his workers (RA 6727, Implementing Rules). Compensation which is less than infra.).
such minimum rate is considered an underpayment that violates the law.
Elements of Wage Distortion
Aguador vs. Enerio 1. An existing hierarchy of positions with corresponding salary rates.
Minimum Wage Law whose provisions fixing the minimum wage of employees in 2. A significant change or increase in the salary rate of a lower pay class without
both the private and government sectors are mandatory and cannot be waived. a corresponding increase in the salary rate of a higher one;
3. The elimination of the distinction between the 2 groups or classes; and 4. The
WD exists in the same region of the country
WAGE DISTORTION
● A situation where an increase in wage results in the elimination or severe ORGANIZED ESTABLISHMENT UNORGANIZED ESTABLISHMENT
contraction of intentional quantitative differences in wage or salary rates (with union) (without union)
between and among- the employee-groups in an establishment as to Theemployerand the union shall Theemployerand the workers shall
effectively obliterate the distinctions embodied in such wage structure based negotiate to correct distortion. endeavor to correct the distortion
on skills, length of service or other logical bases of differentiation
● Article 123 wage order takes effect after 15 days Any dispute shall be resolved through a Any dispute shall be settled through the
grievance procedure under the CBA. NCMB.
What needs prior approval is not the wage order but its implementing rules
If it remains unresolved, it shall be dealt If it remains unresolved within 10 days it
and regulations which the Board has to prepare within 10 days from
with through voluntary arbitration shall be referred to the NLRC.
issuance of the wage order. The Secretary of Labor, upon
recommendation of the Commission, may approve the implementing rules The dispute will be resolved within 10 The NLRC shall conduct continuous
days from the time the dispute was hearings and decide the dispute within
Filing of appeal not stay the effectivity except employer file surety bond referred to voluntary arbitration. 20 days from the time the same was
referred.
● Payment of minimum wage is mandatory.
● Failure or refusal to pay by employer subject to sanctions: criminal liability
● CASE: NATIONAL FEDERATION OF LABOR vs. NLRC
and double indemnity (employer pay double unpaid benefits) Ra 6727
● not necessary to restore historical gap. There was no legal
requirement that the historical gap which existed before the
Wage Order is an order issued by the RTWPB whenever conditions in the region
implementation of the Wage Orders be restored in precisely the
so warrant after investigating and studying all pertinent facts and based on the
same form or amount. The Court believes and so hold that the re-
standards and criteria prescribed by the Labor Code. It establishes the minimum
establishment of a significant gap or differential between regular
wage rates to be paid by employers in the region, which shall in no case be lower
employees and casual employees by operation of the CBA was
than the applicable statutory minimum wage rates.
more than substantial compliance with the requirements of the
several Wage Orders (and of Article 124 of the Labor Code).
● Article 101:
● Article 102 Payment of wages
● piece-rate worker or pakyaw - min wage is applicable.
Forms of Payment
● Compensation should not be less than statutory min wage.
● GR: The laborer’s wages shall be paid in legal currency (Art.
● Workers paid by result are:
1705, NCC). No employer shall pay the wages of an employee by
1. Paid based on the work completed;
means of:
2. Not on the time spent in working.
1. Promissory notes;
● Pay of these workers is calculated not on the basis of time spent on the job
2. Vouchers;
but of the quantity and quality or the kind of work they turn out. It includes
3. Coupons;
those who are paid on piece work, “takay” or task basis, who shall be entitled
4. Tokens;
to receive not less than the prescribed statutory minimum wage for an eight-
5. Tickets;

PAGE 16 | 44
 6. Chits; or
7. Any object other than legal tender.
NOTE: This prohibition applies even when expressly requested by the
employee.
● XPN: Payment of wages by check or money order shall be
allowed if:
1. It is customary on the date of the effectivity of the
Code
2. Necessary because of special circumstances as
specified in the regulation issued by the SLE;
3. Stipulated in the CBA (LC, Art. 102)
4. Where the following conditions are met:
a. There is a bank or other facility for
encashment within a radius of one (1)
kilometer from the workplace;
b. The employer or any of his agents or
representatives does not receive any
pecuniary benefit directly or indirectly
from the arrangement;
c. The employees are given reasonable time
during banking hours to withdraw their
wages from the bank which time shall be
considered as compensable hours
worked if done during working hours; and
d. The payment by check is with the written
consent of the employees concerned if
there is no collective agreement
authorizing the payment of wages by
bank checks (IRR, Book III, Rule VIII,
Sec. 2).
● CASE: CONGSON vs. NLRC, NOE BARGO et. Al
● Undoubtedly, petitioner's practice of paying the private
respondents the minimum wage by means of legal tender
combined with tuna liver and intestines runs counter to the above
cited provision of the Labor Code. The fact that said method of
paying the minimum wage was not only agreed upon by both
parties in the employment agreement but even expressly
requested by private respondents, does not shield petitioner.
Article 102 of the Labor Code is clear. Wages shall be paid only by
means of legal tender. The only instance when an employer is
permitted to pay wages in forms other than legal tender, that is, by
checks or money order, is when the circumstances prescribed in
the second paragraph of Article 102 are present.
● Article 103 Time of Payment
● GR: Wages shall be paid:
1. At least once every two (2) weeks, or,
2. Twice a month at intervals not exceeding sixteen (16) days.
● XPN:
1. On account of force majeure or circumstances beyond the employer’s
control, payment shall be made immediately after such force majeure or
circumstances have ceased;
2. If engaged to perform a task which cannot be completed in two (2) weeks
shall be subject to the following conditions, in the absence of a CBA or
arbitration award:
a. That payments are made at intervals not
exceeding sixteen (16) days, in proportion
to the amount of work completed;
b. That final settlement is made upon
completion of the work. (LC, Art. 103)
● Article 103 Place of Payment
● GR: At or near the place of undertaking.
● XPN:
1. When payment cannot be effected at or near the place of work by reason
of the deterioration of peace and order conditions, or by reason of actual
or impending emergencies caused by fire, flood, epidemic or other
calamity rendering payment thereat impossible;
2. When the employer provides free transportation to the employees back
and forth; and,
3. Under any other analogous circumstances; Provided, that the time spent
by the employees in collecting their wages shall be considered as
compensable hours worked.
No employer shall pay his employees in any bar, night or day club,
drinking establishment, massage clinic, dance hall, or other similar
places or in places where games are played with stakes of money or
things representing money except in the case of persons employed
in said places (IRR, Book III, Rule VIII, Sec. 4).
● Article 105 Direct Payment of Wages
● In case of death of the employee the employer may pay the wages
to the heirs without the necessity of intestate proceedings. Heirs
shall:
a. Execute an affidavit attesting to their relationship
to the deceased and the fact that they are his
heirs to the exclusion of all other persons.
b. In case any of the heirs is a minor, such affidavit
shall be executed in his behalf by his natural
guardian or next of kin.
c. Upon presentation of the affidavit to the employer,
he shall make payment to the heirs as
PAGE 17 | 44
 representative of the Secretary of Labor and
Employment (IRR, Book III, Rule VIII, Sec. 6).
● Article 110 Worker preference in case of bankruptcy
● applies only in case of bankruptcy and liquidation. Workers enjoy
first preference but there must first be declaration of bankruptcy or
judicial liquidation
● CASE: BOLINAO ET AL V. PADOLINA
■ it was held that Article 110 of the Labor Code and its
implementing rule cannot be invoked absent of formal
declaration of bankruptcy or a liquidation order.
● monetary claims vs taxes= depends. Taxes if special preferred
credits when tax constitute liens on specific property YES. If
ordinary preferred credits MONETARY CLAIMS OF WORKERS
take precedence
● Wage Deduction
■ GR: No employer, in his own behalf or in behalf of any
person, shall make any deduction from the wages of his
employees (LC, Art. 113).
■ XPN: In cases where the employer is authorized by law or
regulations issued by the SLE: Taxes withheld pursuant to
the Tax Code;
● CASE: REPUBLIC VS PERALTA
■ insolvency proceedings but there’s claims of workers
(separation pay), BIR (taxes), BuCor. Which of these
claims should be given preference? TAXES and Customs
Duty over Separation pay because the matter is special
preferred credit under Art 2241 of Civil Code
● Mortgage Credit (special preferred credit) vs monetary claims of
worker (ordinary preferred credits) MORTGAGE CREDIT. If
monetary claim is special preferred credits EQUALLY PAID
● Article 112 Non-interference in disposal of wages
● employers prohibited from interfering how employees gastos their
wages
● Article 114 Deposits for loss or damage
● GR: Employer shall not require his worker to make deposits from
which deductions shall be made for the reimbursement of loss of
or damage to tools, materials, or equipment supplied by the
employer (LC, Art.114).
● XPN:employeris engaged in such trade or business where the
practice of making deductions or requiring deposits is a
recognized one, or is necessary or desirable as determined by the
SOLE.
● Article 115 Limitations
● when employers deduct in employer’s salaries
● Article 116 Prohibition of withholding of wages
● Withholding of wages from a worker through inducement, force,
stealth, intimidation, threat or by any other means without his
consent;
Prohibitions Regarding Wages
● Non-Interference in Disposal of Wages
● Employer shall not limit or interfere with the freedom of any
employee to dispose of his wages. He shall not force, compel or
oblige hisemployeesto purchase merchandise, commodities or
other property from any other person, or otherwise make use of
any store services of such employer or any other person (LC, Art.
112).
● Civil Code Provisions On Non-Interference In Disposal Of Wages
Art. 1705. The laborer's wages shall be paid in legal
currency.
Art. 1706. Withholding of the wages, except for a debt due,
shall not be made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods
manufactured or the work done.
Art. 1708. The laborer's wages shall not be subject to
execution or attachment, except for debts incurred
for food, shelter, clothing and medical attendance.
Art. 1709. The employer shall neither seize nor retain any
tool or other articles belonging to the laborer.
● Wage Deduction
● GR: No employer, in his own behalf or in behalf of any person,
shall make any deduction from the wages of his employees (LC,
Art. 113).
● XPNs:
1. Where the worker is insured with his consent by the
employer; and,
2. For union dues, in cases where the right of the worker or
his union to check off has been recognized by the
employer or authorized in writing by the individual worker
concerned (LC, Art. 113).
3. In cases where the employer is authorized by law or
regulations issued by the SLE:
PAGE 18 | 44
 a. Deductions for value of meals and facilities freely
agreed upon (1 Azucena, 2016, p. 411);
b. In case where the employee is indebted to the
employer where such indebtedness has become
due and demandable (NCC, Art. 1706);
c. In court awards, wages may be subject of
execution or attachment, but only for debts
incurred for food, shelter, clothing, and medical
attendance (NCC, Art. 1703);
d. Taxes withheld pursuant to the Tax Code;
e. Salary deduction of a member of a legally
established cooperative (R.A. 6938; LC, Art. 59);
f. Deductions for SSS, PhilHealth and Pag-ibig
premiums;
g. Deductions for loss or damage (LC, Art. 114);
h. Deductions made with the written authorization of
theemployeefor payment to a third person (IRR,
Book III, Rule VIII, Sec 13);
i. Deductions as disciplinary measures for habitual
tardiness (Opinion dated March 10, 1975 of the
Labor Secretary);
j. Agency fees (LC, Art. 248[e])
● The law prohibits the employer from making deductions from the wages of
an employee. The evil sought to be prevented is to forestall the
commission of unwarranted practices of employers by making
unnecessary deductions without employee's knowledge or authorization
(Galvadores v Trajano, 144 SCRA 138).
Contracting or Sub-contracting
● This refers to an arrangement whereby a principal agrees to put
out or farm out to a contractor or subcontractor the performance or
completion of a specific job, work or service within a definite or
predetermined period, regardless of whether such job, work or
service is to be performed or completed within or outside the
premises of the principal.
A. Trilateral Relationship
● In legitimate contracting, there exists a trilateral relationship under which
there is a contract for a specific job, work or service between the principal
and the contractor or subcontractor, and a contract of employment
between the contractor or subcontractor and its workers.
● There are three parties involved in these arrangements:
1. Principal – any employer who decides to farm out a job or service to a
contractor or subcontractor;
2. Contractor or subcontractor – has the capacity to independently undertake
the performance of the job, work or service; and,
3. Contractual workers –engaged by the contractor or subcontractor to
accomplish the job, work or service (Aliviado et. al., v. Procter & Gamble
Phils., Inc., and Promm-Gem, Inc., G.R. No. 160506, June 6, 2011)
pursuant to the agreement between the latter and the principal.
A. Labor-Only Contracting
● It is a prohibited act, an arrangement where the contractor or
subcontractor merely recruits, supplies or places workers to perform a job,
work or service for a principal.
● Essential Elements of Labor-Only Contracting
1. The contractor or subcontractor does not have substantial capital or
investment to actually perform the job, work or service under its own
account and responsibility; and
2. The employees recruited, supplied or placed by such contractor or
subcontractor are performing activities which are directly related to the
main business of the principal
A. Job Contracting vs Labor-only Contracting
JOB CONTRACTING LABOR-ONLY CONTRACTING
The er/principal is merely an indirect The er/principal is treated as direct
employer, by operation of law, of his employer of the contractor’s
contractor’s employees. employees in all instances. (contractor
= agent of the employer)
the law creates an er-ee relationship for the statute creates an er-ee
a limited purpose. relationship for a comprehensive
purpose.
The principal becomes solidarily liable. The principal becomes solidarily liable
The liability however does not extend to with the contractor not only for unpaid
the payment of backwages or wages but also for all the rightful claims
separation pay of employees who are of the employees under the Labor Code
illegally dismissed. and ancillary laws.
Allowed by law Prohibited by law
Presence of substantial capital or Absence of substantial capital or
investment. investment.
Principle of “No-Work, No-Pay”
PAGE 19 | 44
 ● An employer will not be liable for violation of the prohibition against wage
deduction for absences or tardiness incurred by the employee.
13th Month Pay
● It is a form of monetary benefit equivalent to the monthly basic
compensation received by an employee, computed pro-rata according to
the number of months within a year that the employee has rendered
service to the employer (DOLE’s BWC issues Q & A on 13th month pay).
● Additional income based on wage required by P.D. 851 requiring all Ers to
pay theiremployeesa 13th month pay which is equivalent to 1/12 of the
total basic salary earned by anemployeewithin a calendar year.
BONUS
Bonus is an amount granted and paid to an employee for his industry and loyalty
which contributed to the success of the employer’s business and made possible
the realization of profits.
GR: The payment of bonus is a management function, not a demandable and
enforceable obligation, which cannot be enforced upon the employer who may not
be obliged to assume the onerous burden of granting bonuses or other benefits
aside from the employee’s basic salaries or wages.
XPN: Bonuses can be demanded as a matter of right if:
1. Given without any condition; hence, part of the wage or salary;
2. Grant thereof is a result of a contract or an agreement such as the CBA;
3. Given on account of company policy or practice
4. Grant is mandated by law.
Grey vs. Insular
While as a general rule, bonus is a liberal act on the part of the employer, the
bonus in this case is part of a contract, hence, cannot be eluded by the employer.
Philippine Education Co., Inc. vs. CIR
In this case, bonuses had been given to the employees at least in three previous
years; P90,706.36 has been set aside for payment as bonus to its employees and
laborers; and the payment thereof was withheld because of the strike staged by
the employees and laborers for more favorable working conditions which was
declared legal by the respondent court. Justice and equity demand that bonus
already set aside for its employees and laborers be paid to them.
Lusteveco Employees Association-CCLU vs. Luzon Stevedoring Co., Inc.
There is no showing that the Christmas bonus was made in the collective
bargaining agreement between LEA and LUZON as part of wages or salaries.
Therefore, the grant of said bonus is contingent upon the profits realized during the
year. The reduced Christmas bonus was a necessary consequence of a reduced
profit in that year.
Manila Electric Company vs. Sec. Quisumbing
As a rule, a bonus is not a demandable and enforceable obligation; it may
nevertheless be granted on equitable considerations as when the giving of such
bonus has been the company's long and regular practice. To be considered a
"regular practice," the giving of the bonus should have been done over a long
period of time, and must be shown to have been consistent and deliberate.
As company practice, the Christmas bonus has ripened into benefits enjoyed by
MERALCO employees. Consequently, it can no longer be withdrawn by the
company as this would amount to a diminution of the employee's existing benefits.
Thus, the grant of Christmas bonus was proper, but not the two-month special
Christmas bonus since there was no recognized company practice of giving a two-
month special grant.
Meanwhile, the signing bonus is a grant motivated by the goodwill generated when
a CBA is successfully negotiated and signed between the employer and the union.
In the present case, this goodwill does not exist.
SERVICE INCENTIVE LEAVE
Article 95, LABOR CODE. Right to service incentive leave. — (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.
(b) This provision shall not apply to those who are already enjoying the benefit
herein provided, those enjoying vacation leave with pay at least five days, and
those employed in establishments regularly employing less than ten employees
or in establishments exempted from granting this benefit by the Secretary of
Labor after considering the viability or financial condition of such establishment.
(c) The grant of benefit in excess of that provided herein shall not be made a
subject of arbitration or any court of administrative action.
Service incentive leave is a 5-day leave with pay for every employee who has
rendered at least 1 year of service whether continuous or broken.
GR: Every employee who has rendered at least 1 year of service shall be entitled
to a yearly SIL of 5 days with pay.
XPN:
PAGE 20 | 44
 1. Government employees, whether employed by the National Government R.A. No. 11210
or any of its political subdivisions, including those employed in
government-owned and/or controlled corporations with original charters or
Section 3, RA 11210. Grant of Maternity Leave. — All covered female workers
created under special laws;
in government and the private sector, includingthose in the informal economy,
2. Persons in the personal service of another;
regardless of civil status or the legitimacy of her child, shall be granted one
3. Managerial employees, if they meet all of the following conditions:
hundredfive (105) days maternity leave with full pay and an option to extend for
a. Their primary duty is to manage the establishment in which they
an additional thirty (30) days without pay: Provided, That in case the worker
are employed or of a department or subdivision thereof;
qualifies as a solo parent under Republic Act No. 8972, or the "Solo
b. They customarily and regularly direct the work of two or more
Parents’Welfare Act", the worker shall be granted an additional fifteen (15) days
employees therein; and
maternity leave with full pay.
c. They have the authority to hire or fire other employees of lower
rank; or their suggestions and recommendations as to hiring,
Enjoyment of maternity leave cannot be deferred but should be availed of either
firing, and promotion, or any other change of status of other
before or after the actual period ofdelivery in a continuous and uninterrupted
employees are given particular weight.
manner, not exceeding one hundred five (105) days, as the case may be.
4. Officers or members of a managerial staff, if they perform the following
duties and responsibilities:
Maternity leave shall be granted to female workers in every instance of
a. Primarily perform work directly related to management policies of
pregnancy, miscarriage or emergencytermination of pregnancy, regardless of
their employer;
frequency: Provided, That for cases of miscarriage or emergencytermination of
b. Customarily and regularly exercise discretion and independent
pregnancy, sixty (60) days maternity leave with full pay shall be granted.
judgment;
c. (1) Regularly and directly assist a proprietor or managerial
Section 6, RA 11210. Allocation of Maternity Leave Credits. — Any female
employee in the management of the establishment or subdivision
worker entitled to maternity leave benefits asprovided for herein may, at her
thereof in which he or she is employed; or (b) execute, under
option, allocate up to seven (7) days of said benefits to the child’s father,
general supervision, work along specialized or technical lines
whether or not the same is married to the female worker: Provided, That in the
requiring special training, experience, or knowledge; or (c)
death, absence, or incapacity of the former, thebenefit may be allocated to an
execute, under general supervision, special assignments and
alternate caregiver who may be a relative within the fourth degree of
tasks; and
consanguinity orthe current partner of the female worker sharing the same
d. Do not devote more than twenty percent (20%) of their hours
household, upon the election of the mother taking intoaccount the best interests
worked in a workweek to activities which are not directly and
of the child: Provided, further, That written notice thereof is provided to the
closely related to the performance of the work described in
employers ofthe female worker and alternate caregiver: Provided, furthermore,
e. paragraphs 4.a, 4.b, and 4.c above;
That this benefit is over and above that which isprovided under Republic Act No.
5. Field personnel and those whose time and performance is unsupervised
8187, or the "Paternity Leave Act of 1996": Provided, finally, That in the event
by the employer;
thebeneficiary female worker dies or is permanently incapacitated, the balance
6. Those already enjoying this benefit;
of her maternity leave benefits shallaccrue to the father of the child or to a
7. Those enjoying vacation leave with pay of at least 5 days; and
qualified caregiver as provided above.
8. Those employed in establishments regularly employing less than 10
employees.
Maternity leave is granted to all female employees, regardless of status and
The SIL is commutable (convertible to cash) if not used at the end of the year. It is legitimacy of the child, provided that the female employee has paid 3 monthly
aimed primarily at encouraging workers to work continuously and with dedication contributions to the SSS in the 12 months before the childbirth, and has notified
to the company. her employer of her pregnancy.
XPN: Domestic workers. Their SIL need not be converted to cash or carried over
to succeeding years. Maternity leave applies to all qualified female workers in the:
1. Private sector;
MATERNITY LEAVE 2. Public sector;

PAGE 21 | 44
 3. Informal economy - the self-employed, occasionally or personally hired,
subcontracted, paid and unpaid family workers in household, incorporated
and unincorporated enterprises, including homeworkers, micro-
entrepreneurs, and producers, and operators of sari-sari store;
4. Voluntary contributors to the SSS; and
5. National athletes.
The benefits under the new law are as follows:
1. Paid leave benefit granted to a qualified female worker in the public sector,
for the duration of:
a. 105 days for live childbirth, regardless of the mode of delivery,
and an additional 15 days paid leave if the female worker qualifies
as a solo parent under RA 8972; or
b. 60 days paid leave for miscarriage and emergency termination of
pregnancy.
2. Paid leave benefit granted to a qualified female worker in the private
sector covered by the SSS, including those in the informal economy, for
the duration of:
a. same as those provided under 1(a) or 1(b)
b. employed female workers shall receive full pay which consists of:
i. SSS maternity benefit computed based on their average
daily salary credit; and
ii. salary differential to be paid by the employer, if any.
3. Option to extend for an additional 30 days without pay in case of live
childbirth, provided that the employer shall be given due notice in writing
at least 45 days before the end of the female worker’s maternity leave. No
prior notice is necessary in the event of a medical emergency, as a
subsequent notice to the employer shall suffice.
4. Paid maternity leave, allowances, and benefits granted to female national
athletes;
5. Health care services for prenatal, delivery, postpartum, and pregnancy-
related conditions granted to female workers, particularly those who are
neither voluntary nor regular members of the SSS, as governed by the
existing rules and regulations of PhilHealth.
Maternity leave applies to all qualified female workers regardless of civil status,
employment status, and the legitimacy of her child.
Maternity leave shall be granted to a qualified female worker in every instance of
pregnancy, miscarriage, or emergency termination of pregnancy, regardless of
frequency.
Maternity leave with full pay shall also be granted even if the child birth,
miscarriage, for emergency termination of pregnancy occurs not more than 15
calendar days after the termination of an employee service, as her right thereto
has already accrued. However, such period is not applicable when the
employment of the pregnant woman worker has been terminated without just
cause.
In case of childbirth, a qualified female worker entitled to maternity leave benefit
may, at her option, allocate up to 7 days of said benefits to the:
1. Child's father, whether or not the same is married to the female worker; or
2. In case of death, absence, or incapacity of the child's father, to an
alternate caregiver, who may be any of the following:
a. a relative within the fourth degree of consanguinity;
b. the current partner, regardless of sexual orientation or gender
identity of the female worker bring the same household.
Maternity leave benefits are taxable because they are paid leave which form part
of the salary.
Private sector must make full payment of salary within 30 days after receipt of
leave application.
PATERNITY LEAVE
R.A. No. 8187
Section 2, RA 8187. Notwithstanding any law, rules and regulations to the
contrary, every married male employee in the private and public sectors shall be
entitled to a paternity leave of seven (7) days with full pay for the first four (4)
deliveries of the legitimate spouse with whom he is cohabiting. The male
employee applying for paternity leave shall notify his employer of the pregnancy
of his legitimate spouse and the expected date of such delivery.
For purposes, of this Act, delivery shall include childbirth or any miscarriage.
Section 3, RA 8187. Definition of Term. — For purposes of this Act, Paternity
Leave refers to the benefits granted to a married male employee allowing him
not to report for work for seven (7) days but continues to earn the compensation
therefor, on the condition that his spouse has delivered a child or suffered a
miscarriage for purposes of enabling him to effectively lend support to his wife in
her period of recovery and/or in the nursing of the newly-born child.
Paternity leave is the benefits granted to a married male employee allowing him
not to report for work for seven (7) days but continues to earn the compensation
therefor, on the condition that his spouse has delivered a child or suffered a
miscarriage for purposes of enabling him to effectively lend
support to his wife in her period of recovery and/or in the nursing of the newly-born
child.
PAGE 22 | 44

Note: Delivery shall include childbirth or any miscarriage.
Requisites:
1. The male employee is legally married to, and is cohabiting with the woman
who delivers the baby;
2. He is an employee of private or public sector;
3. He avails only for the first 4 deliveries of the legitimate spouse with whom
he is cohabiting; and
4. He notifies his employer of the pregnancy of his legitimate spouse and the
expected date of such delivery.
Under RA 11210, 7 days of the maternity leave can be allocated to the child’s
father, whether or not he is married to the female worker.
PARENTAL LEAVE FOR SOLO PARENTS
R.A. No. 8972
Section 3, RA 8972. Definition of Terms. — Whenever used in this Act, the
following terms shall mean as follows:
1. "Solo parent" - any individual who falls under any of the following
categories:
a. A woman who gives birth as a result of rape and other crimes
against chastity even without a finalconviction of the offender:
Provided, That the mother keeps and raises the child;
b. Parent left solo or alone with the responsibility of parenthood due to
death of spouse;
c. Parent left solo or alone with the responsibility of parenthood while
the spouse is detained or isserving sentence for a criminal
conviction for at least one (1) year;
d. Parent left solo or alone with the responsibility of parenthood due to
physical and/or mentalincapacity of spouse as certified by a public
medical practitioner;
e. 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
thechildren;
f. Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity orannulment of marriage as decreed by a court
or by a church as long as he/she is entrusted with thecustody of the
children;
g. Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for atleast one (1) year;
h. Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of havingothers care for them or give them up
to a welfare institution;
i. Any other person who solely provides parental care and support to a
child or children;
j. 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/sheis no longer left alone with
the responsibility of parenthood, shall terminate his/her eligibility for
thesebenefits.
2. "Children" - refer to those living with and dependent upon the solo
parent for support who are unmarried,unemployed and not more than
eighteen (18) years of age, or even over eighteen (18) years but
areincapable of self-support because of mental and/or physical
defect/disability.
3. "Parental responsibility" - with respect to their minor children shall refer
to the rights and duties of theparents as defined in Article 220 of
Executive Order No. 209, as amended, otherwise known as the
"FamilyCode of the Philippines."
4. "Parental leave" - shall mean leave benefits granted to a solo parent to
enable him/her to perform parentalduties and responsibilities where
physical presence is required.
5. "Flexible work schedule" - is the right granted to a solo parent employee
to vary his/her arrival anddeparture time without affecting the core work
hours as defined by the employer.
Section 6, RA 8972. 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
employermay request exemption from the above requirements from the DOLE
on certain meritorious grounds.
Section 7, RA 8972. Work Discrimination. — No employer shall discriminate
against any solo parent employee with respect toterms and conditions of
employment on account of his/her status.
Section 8, RA 8972. Parental Leave. — In addition to leave privileges under
existing laws, parental leave of not more thanseven (7) working days every year
shall be granted to any solo parent employee who has rendered service of
atleast one (1) year.
PAGE 23 | 44
Parental leave is the leave benefit granted to a solo parent to enable him/her to
perform parental duties and responsibilities where physical presence is required.
In addition to leave privileges under existing laws, parental leave of not more than
7 working days every year shall be granted to any solo parent employee who has
rendered service of at least 1 year.
This benefit cannot be accumulated and is not convertible to cash.
Requisites:
The solo parent must:
1. fall among those referred to as a solo parent;
2. have the actual and physical custody of the child or children;
3. have at least rendered service of one year to his or her employer;
4. remain a solo parent;
5. have a SOLO PARENT ID issued by the DSWD; and
6. notify the employer of the availment thereof within a reasonable period of
time.
Persons considered a solo parent entitled to parental leave
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 alonewith the responsibility of parenthood due to:
a. Death of spouse;
b. Detention or service of sentence of spouse for a criminal conviction for at
least 1 yr;
c. Physical and/or mental incapacity of spouse
d. Legal separation or de facto separation from spouse for at least 1 year as
long as he/she is entrusted with the custody of the children;
e. 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;
f. Abandonment of spouse for at least 1 yr;
3. Unmarried mother/father who has preferred to keep and rear his or her
child/children instead of:
a. having others care for them or
b. give them up to a welfare institution;
4. Any other person who solely provides:
a. parental care and
b. support to a child or children;
5. Any family member who assumes the responsibility of head of family as a result
of the:
a. death,
b. abandonment,
c. disappearance or
d. prolonged absence of the parents or solo parent.
Termination of the Benefit
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
LEAVE FOR VICTIMS OF VAWC
R.A. No. 9262
Sec. 43, RA 9262. Entitled to Leave. — Victims under this Act shall be entitled
to take a paid leave of absence up to ten (10) days in addition to other paid
leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this Sec. shall be
penalized in accordance with the provisions of the Labor Code and Civil Service
Rules and Regulations. Likewise, an employer who shall prejudice any person
for assisting a co-employee who is a victim under this Act shall likewise be liable
for discrimination.
Victim Leave is a paid leave of absence up to ten (10) days granted to victims of
any of the acts covered by VAWC 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.
Acts covered by VAWC
1. “Physical violence” - refers to acts that include bodily or physical harm
2. “Sexual violence” - refers to an act which is sexual in nature, committed
against a woman or her child.
3. “Psychological violence” - acts or omissions causing or likely to cause
mental or emotional suffering of the victim
4. “Economic abuse” - acts that make or attempt to make a woman financially
dependent
To fall under VAWC, the offender must have had a sexual or dating relationship
with the offended woman
A victim leave may be availed of at any time during the application of any
protection order, investigation, prosecution and/or trial of the criminal case.
In order to be entitled to the leave benefit, the only requirement is for the victim-
employee to present to her employer a certification from the barangay chairman
(Punong Barangay) or barangay councilor (barangay kagawad) or prosecutor or
PAGE 24 | 44
the Clerk of Court, as the case may be, that an action relative to the matter is
pending.
The usage of the ten-day leave shall be at the option of the woman employee. In
the event that the leave benefit is not availed of, it shall not be convertible into
cash and shall not be cumulative.
The employer/agency head who denies the application for leave, and who shall
prejudice the victim-survivor or any person for assisting a co-employee who is a
victim-survivor under the Act shall be held liable for discrimination and violation of
RA 9262.
SPECIAL LEAVE FOR WOMEN EMPLOYEES
R.A No. 9710
SECTION 18, RA 9710. Special Leave Benefits for Women. — A woman
employee having rendered continuous aggregate employment service of at least
six (6) months for the last twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross monthly compensation
following surgery caused by gynecological disorders.
A woman employee having rendered continuous aggregate employment service of
at least 6 months for the last 12 months shall be entitled to a special leave benefit
of 2 months with full pay based on her gross monthly compensation following
surgery caused by gynaecological disorders
Conditions to Claim Benefit
1. She has rendered at least six (6) months continuous aggregate
employment service for the last twelve (12) months prior to surgery;
2. In the event that an extended leave is necessary, the female employee
may use her earned leave credits; and
3. This special leave shall be non-cumulative and nonconvertible to cash.
Gynecological Disorders are disorders that would require surgical procedures
such as, but not limited to, dilatation and curettage and those involving female
reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries,
breast, adnexa and pelvic floor, as certified by a competent physician.
Gynecological surgeries shall also include hysterectomy, ovariectomy, and
mastectomy.
A female employee can avail of the special leave benefit for every instance of
surgery due to gynecological disorder for a maximum total period of 2 months per
year.
Special leave benefit and SSS maternity benefit are mutually exclusive, as such a
female employee may avail the special leave benefit in case she undergoes
surgery caused by gynaecological disorder even on maternity leave. However,
where the woman employee undergone surgery due to gynaecological during her
maternity leave, she is entitled only to the difference between the SLB and the
maternity benefit.
SLB vis-a-vis SSS Sickness Benefit
The former is granted in accordance with R.A. 9710 while the latter is granted in
accordance with the SSS law or R.A. 1161 as amended by R.A. 8282.
SLB vis-a-vis Existing Statutory Leave
SLB cannot be taken from statutory leave (i.e, 5-day SIL, Leave for victims of
VAWC, Parental Leave for Solo Parent). The benefit is in addition to the leave
benefits granted by existing laws.
NOTE: If there are existing or similar benefits under a company policy or CBA
providing similar or equal benefit to what is mandated by law, the same shall be
considered as compliance unless the company policy, practice or CBA provides
otherwise.
LABOR STANDARD REQUIREMENTS
MEDICAL AND DENTAL SERVICES
Article 162, LABOR CODE. First-aid treatment. — Every employer shall keep in
his establishment such first-aid medicines and equipment as the nature and
conditions of work may require, in accordance with such regulations as the
Department of Labor and Employment shall prescribe.
The employer shall take steps for the training of a sufficient number of
employees in first-aid treatment.
Article 163, LABOR CODE. Emergency medical and dental services. — It shall
be the duty of every employer to furnish his employees in any locality with free
medical and dental attendance and facilities consisting of:
(a) The services of a full-time registered nurse when the number of
employees exceeds 50 but not more than 200 except when the
employer does not maintain hazardous work places, in which case the
services of a graduate first-aider shall be provided for the protection of
the workers, where no registered nurse is available. The Secretary of
Labor and Employment shall provide by appropriate regulations the
services that shall be required where the number of employees does not
PAGE 25 | 44
 As a minimum requirement, the employer is required to have first aid kits inside its
exceed 50 and shall determine by appropriate order hazardous work
premises.
places for purposes of this Article;
(b) The services of a full-time registered nurse, a part-time physician and
dentist, and an emergency clinic, when the number of employees FAMILY PLANNING SERVICES
exceeds 200 but not more than 300 and;
(c) The services of a full-time physician, dentist and a full-time registered Article 134, LABOR CODE. Family planning services; incentives for family
nurse as well as a dental clinic, and an infirmary or emergency hospital planning. — (a) Establishments which are required by law to maintain a clinic or
with one bed capacity for every 100 employees, when the number of infirmary shall provide free family planning services to their employees which
employees exceeds 300. shall include, but not limited to, the application or use of contraceptive pills and
In cases of hazardous work places, no employer shall engage the intra-uterine devices.
services of a physician or dentist who cannot stay in the premises of the
establishment for at least two hours, in the case of those engaged on (b) In coordination with other agencies of the government engaged in the
part-time basis, and not less than eight hours in the case of those promotion of family planning, the Department of Labor and Employment shall
employed on full-time basis. Where the undertaking is non-hazardous in develop and prescribe incentive bonus schemes to encourage family planning
nature, the physician and dentist may be engaged on retained basis, among female workers in any establishment or enterprise.
subject to such regulations as the Secretary of Labor and Employment
may prescribe to ensure immediate availability of medical and dental
treatment and attendance in case of emergency. An establishment which employs 200 employees within a year is required to have
family planning clinics. This requirement may be dispensed with if the
Article 164, LABOR CODE. When emergency hospital not required. — The establishment has a contract with a hospital which can adequately provide for the
requirement for an emergency hospital or dental clinic shall not be applicable in minimum clinic requirements.
case there is a hospital or dental clinic which is accessible from the employer's
establishment and he makes arrangements for the reservation therein of the OCCUPATIONAL HEALTH AND SAFETY
necessary beds and dental facilities for the use of his employees.
Article 168, LABOR CODE. Safety and health standards. The Secretary of
Article 165, LABOR CODE. Health program. — The physician engaged by an
Labor and Employment
employer shall, in
shall by appropriate orders set and enforce mandatory occupational safety and
addition to his duties under this Chapter, develop and implement a
health standards to eliminate or reduce occupational safety and health hazards
comprehensive
in all work places and institute new and update existing programs to ensure safe
occupational health program for the benefit of the employees of his employer.
and healthful working conditions in all places of employment.
Article 166, LABOR CODE. Qualifications of health personnel. — The
Article 169, LABOR CODE. Research. — It shall be the responsibility of the
physicians, dentists and nurses employed by employers pursuant to this Chapter
Department of Labor and Employment to conduct continuing studies and
shall have the necessary training in industrial medicine and occupational safety
researches to develop innovative methods, techniques and approaches for
and health. The Secretary of Labor and Employment, in consultation with
dealing with occupational safety and health problems; to discover latent
industrial medical and occupational safety and health associations, shall
diseases by establishing causal connections between diseases and work in
establish the qualifications, criteria and conditions of employment of such health
environmental conditions; and to develop medical criteria which will assure
personnel.
insofar as practicable that no employee will suffer impairment or diminution in
health, functional capacity or life expectancy as a result of his work and working
Article 167, LABOR CODE. Assistance of employer. — It shall be the duty of
conditions.
any employer to provide all the necessary assistance to ensure the adequate
and immediate medical and dental attendance and treatment to an injured or
Article 170, LABOR CODE. Training programs. — The Department of Labor
sick employee in case of emergency.
and Employment shall develop and implement training programs to increase the
number and competence of personnel in the field of occupational safety and

PAGE 26 | 44
 industrial health.
Article 171, LABOR CODE. Administration of safety and health laws. — (a) The
Department of Labor and Employment shall be solely responsible for the
administration and enforcement of occupational safety and health laws,
regulations and standards in all establishments and workplaces wherever they
may be located; however, chartered cities may be allowed to conduct industrial
safety inspections of establishments within their respective jurisdiction where
they have adequate facilities and competent personnel for the purpose as
determined by the Department of Labor and Employment and subject to national
standards established by the latter.
(b) The Secretary of Labor and Employment may, through appropriate
regulations, collect reasonable fees for the inspection of steam boilers, pressure
vessels and piping and electrical installations, the test and approval for safe use
of materials, equipment and other safety devices, and the approval of plans for
such materials, equipment and devices. The fees so collected shall be deposited
in the national treasury to the credit of the occupational safety and health fund
and shall be expended exclusively for the administration and enforcement of
safety and other labor laws administered by the Department of Labor and
Employment.
Employees are entitled to occupational health programs, drug-free policies, and
prevention and control of HIV, etc. through a safety committee.
Safety man is a consultant for the application of safety.
ENFORCEMENT OF THE LAW ON LABOR STANDARDS
Article 128, LABOR CODE. Visitorial and enforcement powers. — (a) The
Secretary of Labor and
Employment or his duly authorized representatives, including labor regulations
officers, shall have access to employer's records and premises at any time of
the day or night whenever work is being undertaken therein, and the right to
copy therefrom, to question any employee and to investigate any fact, condition
or matter which may be necessary to determine violations or which may aid in
the enforcement of this Code and of any labor law, wage order or rules and
regulations issued pursuant thereto.
(b) The provisions of Article 217 of this Code to the contrary notwithstanding and
in cases where the relationship of employer-employee still exists, the Secretary
of Labor and Employment or his duly authorized representatives shall have the
power to order and administer, after due notice and hearing, compliance with the
labor standards provisions of this Code and other labor legislation based on the
findings of labor regulation officers or industrial safety engineers made in the
course of inspection, and to issue writs of execution to the appropriate authority
for the enforcement of their order, except in cases where the employer contests
the findings of the labor regulation officer and raises issues which cannot be
resolved without considering evidentiary matters that are not verifiable in the
normal course of inspection.
An order issued by the duly authorized representative of the Secretary of Labor
and Employment under this article may be appealed to the latter. In case said
order involves a monetary award, an appeal by the employer may be perfected
only upon the posting of a cash or surety bond issued by a reputable bonding
company duly accredited by the Secretary of Labor and Employment in the
amount equivalent to the monetary award in the order appealed from.
(c) The Secretary of Labor and Employment may likewise order stoppage of
work or suspension of operations of any unit or department of an establishment
when noncompliance with the law or implementing rules and regulations poses
grave and imminent danger to the health and safety of workers in the workplace.
Within twenty-four hours, a hearing shall be conducted to determine whether an
order for the stoppage of work or suspension of operations shall be lifted or not.
In case the violation is attributable to the fault of the employer, he shall pay the
employees concerned their salaries or wages during the period of such
stoppage of work or suspension of operation.
(d) It shall be unlawful for any person or entity to obstruct, impede, delay or
otherwise render ineffective the order of the Secretary of Labor and Employment
or his duly authorized representatives issued pursuant to the authority granted
under this Article, and no inferior court or entity shall issue temporary or
permanent injunction or restraining order or otherwise assume jurisdiction over
any case involving the enforcement orders issued in accordance with this Article.
(e) Any government employee found guilty of violation of, or abuse of authority
under this Article shall, after appropriate administrative investigation, be subject
to summary dismissal from the service.
(f) The Secretary of Labor and Employment may by appropriate regulations
require employers to keep and maintain such employment records as may be
necessary in aid of his visitorial and enforcement powers under this Code.
Article 129, LABOR CODE. Recovery of wages, simple money claims and
other benefits. — Upon complaint of any interested party, the Regional Director
of the Department of Labor and Employment or any of the duly authorized
hearing officers of the Department is empowered, through summary proceeding
and after due notice, to hear and decide any matter involving the recovery of
PAGE 27 | 44
 supported by the written consent of at least 20% of the total
wages and other monetary claims and benefits, including legal interest, owing to
membership of the LO concerned.
an employee or person employed in domestic or household service or
househelper under this Code, arising from employer-employee relations:
Note: The proceeding before the SOLE or his agents exercising visitorial
Provided, That such complaint does not include a claim for reinstatement:
powers is summary in nature.
Provided, further, That the aggregate money claims of each employee or
househelper do not exceed five thousand pesos (P5,000). The Regional Director
A Compliance Order shall be issued if the employer is non-compliant with
or hearing officer shall decide or resolve the complaint within thirty (30) calendar
labor standards.
days from the date of the filing of the same. Any sum thus recovered on behalf
of any employee or househelper pursuant to this Article shall be held in a special
Maternity Children’s Hospital vs. Secretary of Labor
deposit account, and shall be paid, on order of the Secretary of Labor and
The DOLE found out that there was an underpayment of wages. The
Employment or the Regional Director directly to the employee or househelper
Regional Director issued a compliance order to pay the employees
concerned. Any such sum not paid to the employee or househelper, because he
including those who have resigned. Held: Not valid. The Compliance
cannot be located after diligent and reasonable effort to locate him within a
Order will only apply to employees still in the employ of the employer, and
period of three (3) years, shall be held as a special fund of the Department of
not to those whose employment have been terminated.
Labor and Employment to be used exclusively for the amelioration and benefit of
workers.
2. Enforcement power (Art. 128) includes the power of the SOLE to:
a. Issue compliance orders;
Any decision or resolution of the Regional Director or hearing officer pursuant to
b. Issue writs of execution for the enforcement of their orders, except
this provision may be appealed on the same grounds provided in Article 223 of
in cases where the employer contests the findings of the labor
this Code, within five (5) calendar days from receipt of a copy of said decision or
officer and raise issues supported by documentary proof which
resolution, to the National Labor Relations Commission which shall resolve the
were not considered in the course of inspection;
appeal within ten (10) calendar days from the submission of the last pleading
c. Order stoppage of work or suspension of operation when non-
required or allowed under its rules.
compliance with the law or implementing rules and regulations
poses grave and imminent danger to health and safety of workers
The Secretary of Labor and Employment or his duly authorized representative
in the workplace;
may supervise the payment of unpaid wages and other monetary claims and
d. Require employers to keep and maintain such employment
benefits, including legal interest, found owing to any employee or househelper
records as may be necessary in aid to the visitorial and
under this Code.
enforcement powers;
e. Conduct hearings within 24 hours to determine whether:
Powers of the DOLE i. An order for stoppage of work or suspension of operations
shall be lifted or not; and
1. Visitorial power (Art. 128). The Secretary of Labor or his duly authorized ii. Employer shall pay the concerned employees their
representatives may, at any time: salaries in case the violation is attributable to his fault.
a. Inspect books of accounts and records of any person or entity
engaged in recruitment and placement, require it to submit reports Remedy against a Compliance Order:
regularly on prescribed forms and act in violations of any
provisions of the LC on recruitment and placement (Art. 37). Appeal to the SOLE within 10 calendar days from the receipt of the
b. Have access to employer’s records and premises to determine Compliance Order. Appeal will be perfected only upon posting of
violations of any provisions of the LC on recruitment and cash/surety bond in the amount equivalent to the monetary award to
placement (Art. 128). ensure that in the event the appeal is affirmed, the surety bond will answer
c. Conduct industrial safety inspections of establishments (Art. 165). to the monetary award.
d. Inquire into the financial activities of LLO and examine their books
of accounts upon the filing of the complaint under oath and duly 3. Adjudicatory power (Art. 129). The RD has the power to decide monetary
claims with jurisdictional amount limit of P5,000.00 for an employee that

PAGE 28 | 44
 has been separated from service who does not seek reinstatement. "(b) It is a signatory to and/or a ratifier of multilateral conventions,
Appeal may be made to the NLRC within 5 days. declarations or resolutions relating to the protection of workers, including
migrant workers; and
"(c) It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of overseas Filipino Workers:
POINT OF ARTICLE 128 ARTICLE 129
Provided, That the receiving country is taking positive, concrete measures to
COMPARISON
protect the rights of migrant workers in furtherance of any of the guarantees under
subparagraphs (a), (b) and (c) hereof.
Nature and subject of the Covers enforcement of Limits the proceedings to
"In the absence of a clear showing that any of the aforementioned guarantees
proceedings labor legislation in monetary claims which
exists in the country of destination of the migrant workers, no permit for
general. involve only labor
deployment shall be issued by the Philippine Overseas Employment Administration
standards laws.
(POEA).
"The members of the POEA Governing Board who actually voted in favor of an
Workers involved Employees still in the Applies to present or
order allowing the deployment of migrant workers without any of the
service. past employees at the
aforementioned guarantees shall suffer the penalties of removal or dismissal from
time the complaint is
service with disqualification to hold any appointive public office for five (5) years,
filed, provided there is no
Further, the government official or employee responsible for the issuance of the
demand for
permit or for allowing the deployment of migrant workers in violation of this section
reinstatement.
and in direct contravention of an order by the POEA Governing Board prohibiting
Jurisdictional limits The law fixes no The amount of money deployment shall be meted the same penalties in this section.
maximum monetary claim per claimant "For this purpose, the Department of Foreign Affairs, through its foreign posts,
amount for the exercise should not exceed shall issue a certification to the POEA, specifying therein the pertinent provisions
of enforcement power. P5,000.00. of the receiving country's labor/social law, or the convention/declaration/resolution,
or the bilateral agreement/arrangement which protect the rights of migrant workers.
Officers designated SOLE or any of his duly Vested upon a regional "The State shall also allow the deployment of overseas Filipino workers to vessels
authorized director or any duly navigating the foreign seas or to installations located offshore or on high seas
representatives who may authorized hearing whose owners/employers are compliant with international laws and standards that
or may not be a regional officer of the DOLE. protect the rights of migrant workers.
director. "The State shall likewise allow the deployment of overseas Filipino workers to
companies and contractors with international operations: Provided, That they are
Appeal Appealable to the SOLE. Appealable to the NLRC. compliant with standards, conditions and requirements, as embodied in the
employment contracts prescribed by the POEA and in accordance with
internationally-accepted standards."
● deployed within 60 days overseas employment certificate. Failure to
deploy, reprimand-cancel license.
● if agency failed to deploy the worker, agency reimburese documentation
and processing fee, failure to reimburse ground for suspension of license
SEC. 4. Deployment of Migrant Workers. - The State shall allow the deployment ● if OFW did not deploy bc of his own fault, agency must report POEA and
of overseas Filipino workers only in countries where the rights of Filipino migrant immediately apply cancellation of processed docs. Agency may charge
workers are protected. The government recognizes any of the following as a worker for actual expenses incurred
guarantee on the part of the receiving country for the protection of the rights of ● Pre-Departure Orientation Seminar—agency should conduct PDOS to
overseas Filipino workers: hired worker to enable worker familiarize themselves. Failure to provide
"(a) It has existing labor and social laws protecting the rights of workers, PDOS ground suspension license.
including migrant workers; ● Mandatory remittance foreign exchange—Art 22 LC
● Seafarer 80% basic salary must remit

PAGE 29 | 44
 ● Professionals with free board and lodging 70% basic salary
● Professionals without free board and lodging 50% basic salary
● EXEMPTED:
1. Immigrants
2. workers family or dependents living abroad The worker’s immediate family
members, beneficiaries and dependents are residing with him abroad 2.
Immigrants and Filipino professionals andemployeesworking with the UN
agencies or specialized bodies
3. filipino service men military service
4. specialized body, UN
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.
"The liability of the principal/employer and the recruitment/placement agency for
any and all claims under this section shall be joint and several. This provision shall
be incorporated in the contract for overseas employment and shall be a condition
precedent for its approval. The performance bond to de filed by the
recruitment/placement agency, as provided by law, shall be answerable for all
money claims or damages that may be awarded to the workers. If the
recruitment/placement agency is a juridical being, the corporate officers and
directors and partners as the case may be, shall themselves be jointly and
solidarily liable with the corporation or partnership for the aforesaid claims and
damages.
"Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution, amendment or
modification made locally or in a foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money claims
inclusive of damages under this section shall be paid within thirty (30) days from
approval of the settlement by the appropriate authority.
"In case of termination of overseas employment without just, valid or authorized
cause as defined by law or contract, or any unauthorized deductions from the
migrant worker's salary, the worker shall be entitled to the full reimbursement if his
placement fee and the deductions made with interest at twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or for
three (3) months for every year of the unexpired term, whichever is less.
"In case of a final and executory judgement against a foreign employer/principal, it
shall be automatically disqualified, without further proceedings, from participating
in the Philippine Overseas Employment Program and from recruiting and hiring
Filipino workers until and unless it fully satisfies the judgement award.
"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 incured under other existing laws
or rules and regulations as a consequence of violating the provisions of this
paragraph.
Section 15. Legal Assistance.
The POEA shall provide free legal service to victims of illegal recruitment and
related cases which are administrative or criminal in nature in the form of legal
advice, assistance in the preparation of complaints and supporting documents,
institution of criminal actions and whenever necessary, provide counseling
assistance during preliminary investigation and hearings.
SEC. 16. Mandatory Repatriation of Underage Migrant Workers. –
Upon discovery or being informed of the presence of migrant workers whose ages
fall below the minimum age requirement for overseas deployment, the responsible
officers in the foreign service shall without delay repatriate said workers and advise
the Department of Foreign Affairs through the fastest means of communication
available of such discovery and other relevant information.
The license of a recruitment/manning agency which recruited or deployed an
underage migrant worker shall be automatically revoked and shall be imposed a
fine of not less than Five hundred thousand pesos (Php 500,000.00) but not more
than One million pesos (Php 1,000,000.00). All fees pertinent to the processing of
papers or documents in the recruitment or deployment shall be refunded in full by
the responsible recruitment/manning agency, without need of notice, to the
underage migrant worker or to his parents or guardian. The refund shall be
independent of and in addition to the indemnification for the damages sustained by
PAGE 30 | 44
the underage migrant worker. The refund shall be paid within thirty (30) days from
the date of the mandatory repatriation as provided for in this Act.
● Seaferer- no fees to be collected
● Land base: placement fee equivalent 1 month salary, docs fee can be
collected when worker commence employment
● minimum standards should be in the employment contracts
● deployment of OFW- can be deployed in country where migrants workers
is protected
● The State shall allow the deployment of OFWs
1. Only in countries where the rights of Filipino migrant workers are
protected.
2. To vessels navigating the foreign seas or to installations located offshore
or on high seas whose owners/Ers are compliant with international laws
and standards that protect the rights of migrant workers.
3. To companies and contractors with international operations: Provided,
That they are compliant with standards, conditions and requirements, as
embodied in the employment contracts prescribed by the POEA and in
accordance with internationally-accepted standards (Sec. 3, R.A. 10022
amending R.A. 8042).
● -removal or dismissal from service if officials POEA violated. SEC 4. RA
8042
-name hire need register POEA
-NAME HIRE- Individual workers who are able to secure contracts for overseas
employment opportunities with employers without the assistance or
participation of any agency
-18 years old: minimum requirement OFW if working visa. If violated there will
be penalized mandatory repatriation,
REPATRIATION
● GR: The repatriation of the:
1. Worker and the transport of his personal belongings shall
be the primary responsibility of the agency which recruited
or deployed the worker overseas.
2. Remains and transport of the personal belongings of a
deceased worker and all costs attendant thereto shall be
borne by the principal and/or the local agency
● XPNs:
1. If the termination of employment is due solely to the fault
of the worker, the principal/employeror agency shall not
be responsible for the repatriation of the former and/or his
belongings.
2. In cases of war, epidemic, disaster or calamities, natural
or man-made, and other similar event, and where the
principal or recruitment agency cannot be identified, the
Overseas Workers Welfare Administration, in coordination
with appropriate international agencies, shall take charge
of the repatriation (Sec. 15, R.A. 8042).
● The Overseas Workers Welfare Administration (OWWA), in coordination
with the appropriate international agencies, shall undertake the repatriation
of workers in cases of war, epidemic, disasters or calamities, natural or
man-made, and other similar events without prejudice to reimbursement
by the responsible principal or agency. However, in cases where the
principal or recruitment agency cannot be identified, all costs attendant to
repatriation shall be borne by the OWWA.
Rule VIII Section 3, RA No. 10022 One Country-Team Approach.
Under the country-team approach, all officers, representatives and personnel
posted abroad, regardless of their mother agencies shall, on a per country basis,
act as one country-team with a mission under the leadership of the ambassador.
In receiving countries where there are Philippine consulates, such consulates shall
also constitute part of the country-team under the leadership of the ambassador.
In the implementation of the country-team approach, visiting Philippine delegations
shall be provided full support and information.
● COUNTRY TEAM APPROACH
● Mode where filipino personnel or agency working abroad operate
to protect workers abroad under leadership of ambassador
regardless of mother agency
-aggrieved OFW remedy: SEC 10 RA8042 . NLRC
SERRANO vs. GALLANT MARITIME SERVICES- The subject clause “or for three
months for every year of the unexpired term, whichever is less” in the 5th
paragraph of Section 10 of Republic Act No. 8042 is declared unconstitutional.
Petitioner is awarded his salaries for the entire unexpired portion of his
employment contract consisting of nine months and 23 days computed at the rate
of US$1,400.00 per month.
PAGE 31 | 44
 Art. 41. Prohibition against transfer of employment.
a. After the issuance of an employment permit, the alien
shall not transfer to another job or change his employer
without prior approval of the Secretary of Labor.
b. Any non-resident alien who shall take up employment in
violation of the provision of this Title and its implementing
rules and regulations shall be punished in accordance with
the provisions of Articles 289 and 290 of the Labor Code.
In addition, the alien worker shall be subject to deportation after service of his
sentence.

Art. 42. Submission of list. 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, citizenship, foreign and local addresses, nature of employment and status
of stay in the country. The Secretary of Labor shall then determine if they are
entitled to an employment permit.

● shall obtain Alien employment permit

● Exception: foreign govt officials reciprocal basis, ambassador,
foreign national teacher or research but have reciprocity
agreement, permanent resident alien
● Persons Required to Obtain Employment Permit
● GR: All non-resident foreign nationals who intend to engage in
gainful employment in the Philippines and any domestic or foreign
employer who desires to engage an alien for employment in the
Philippines.
● XPNs:
1. Members of the diplomatic services and foreign
government officials accredited by the Philippine
government;
2. Officers and staff of international organizations of
which the Philippine government is a cooperating
member, and their legitimate spouses desiring to
Art. 40. Employment permit of non-resident aliens. Any alien seeking work in the Philippines;
admission to the Philippines for employment purposes and any domestic or foreign 3. Foreign nationals elected as members of the
employer who desires to engage an alien for employment in the Philippines shall Governing Board who do not occupy any other
obtain an employment permit from the Department of Labor. The employment position, but have only voting rights in the
permit may be issued to a non-resident alien or to the applicant employer after a corporation;
determination of the non-availability of a person in the Philippines who is 4. All foreign nationals granted exemption by special
competent, able and willing at the time of application to perform the services for laws and all other laws that may be promulgated
which the alien is desired. For an enterprise registered in preferred areas of by the Congress;
investments, said employment permit may be issued upon recommendation of the 5. Owners and representatives of foreign principals,
government agency charged with the supervision of said registered enterprise. whose companies are accredited by the Philippine

PAGE 32 | 44
 Overseas Employment Administration (POEA),
who come to the Philippines for a limited period
solely for the purpose of interviewing Filipino
applicants for employment abroad;
6. Foreign nationals who come to the Philippines to
teach, present and/or conduct research studies in
universities and colleges provided that the
exemption is on a reciprocal basis; and
7. Resident foreign nationals and temporary or
probationary resident visa holders employed or
seeking employment in the Philippines (DO 97-09,
Series of 2009).
● validity of alien permit- 1 years but not use in other company. Can be
extended but not exceed 5 years
● sanctions without alien permit: Art 303LC, serve sentence, deport
● After the issuance of an employment permit, the alien shall not transfer to
another job or change hisemployerwithout prior approval of the SLE [LC,
Art. 41(a)].
● Any non-resident alien who shall take up employment in violation of the
provisions of the Code shall be punished [LC, Art. 41(b)].
● There is no protection under LC when no permit
● CASE: ANDREW JAMES MCBURNIE vs. EULALIO GANZON, EGI-
MANAGERS, INC. and E. GANZON, INC
● cant be granted any relief bc he work without permit
● CASE: WPP MARKETING COMMUNICATIONS, INC., et al. vs.
GALERA
● although dismissal is illegal but cant be granted any relief bc he
work without permit
● Permit cancelled:
1. fugitive
2. conviction of crime
● Complaint of cancellation AEP Filed with DOLE ; Appeal DOLE Sec within
10 days cancelling permit
Art. 57. Statement of objectives. This Title aims:
1. To help meet the demand of the economy for trained manpower;
2. To establish a national apprenticeship program through the participation of
employers, workers and government and non-government agencies; and
3. To establish apprenticeship standards for the protection of apprentices.
Art. 58. Definition of Terms. As used in this Title:
a. “Apprenticeship” means practical training on the job supplemented by related
theoretical instruction.
b. An “apprentice” is a worker who is covered by a written apprenticeship
agreement with an individual employer or any of the entities recognized under this
Chapter.
c. An “apprenticeable occupation” means any trade, form of employment or
occupation which requires more than three (3) months of practical training on the
job supplemented by related theoretical instruction.
d. “Apprenticeship agreement” is an employment contract wherein the employer
binds himself to train the apprentice and the apprentice in turn accepts the terms of
training.
Art. 59. Qualifications of apprentice. To qualify as an apprentice, a person shall:
a. Be at least fourteen (14) years of age;
b. Possess vocational aptitude and capacity for appropriate tests; and
c. Possess the ability to comprehend and follow oral and written instructions.
Trade and industry associations may recommend to the Secretary of Labor
appropriate educational requirements for different occupations.
Art. 60. Employment of apprentices. Only employers in the highly technical
industries may employ apprentices and only in apprenticeable occupations
approved by the Secretary of Labor and Employment. (As amended by Section 1,
Executive Order No. 111, December 24, 1986)
Art. 61. Contents of apprenticeship agreements. Apprenticeship agreements,
including the wage rates of apprentices, shall conform to the rules issued by the
Secretary of Labor and Employment. The period of apprenticeship shall not
PAGE 33 | 44
exceed six months. Apprenticeship agreements providing for wage rates below the
legal minimum wage, which in no case shall start below 75 percent of the
applicable minimum wage, may be entered into only in accordance with
apprenticeship programs duly approved by the Secretary of Labor and
Employment. The Department shall develop standard model programs of
apprenticeship. (As amended by Section 1, Executive Order No. 111, December
24, 1986)
Art. 62. Signing of apprenticeship agreement. Every apprenticeship agreement
shall be signed by the employer or his agent, or by an authorized representative of
any of the recognized organizations, associations or groups and by the apprentice.
An apprenticeship agreement with a minor shall be signed in his behalf by his
parent or guardian, if the latter is not available, by an authorized representative of
the Department of Labor, and the same shall be binding during its lifetime.
Every apprenticeship agreement entered into under this Title shall be ratified by
the appropriate apprenticeship committees, if any, and a copy thereof shall be
furnished both the employer and the apprentice.
Art. 63. Venue of apprenticeship programs. Any firm, employer, group or
association, industry organization or civic group wishing to organize an
apprenticeship program may choose from any of the following apprenticeship
schemes as the training venue for apprentice:
a. Apprenticeship conducted entirely by and within the sponsoring firm,
establishment or entity;
b. Apprenticeship entirely within a Department of Labor and Employment training
center or other public training institution; or
c. Initial training in trade fundamentals in a training center or other institution with
subsequent actual work participation within the sponsoring firm or entity during the
final stage of training.
Art. 64. Sponsoring of apprenticeship program. Any of the apprenticeship
schemes recognized herein may be undertaken or sponsored by a single employer
or firm or by a group or association thereof or by a civic organization. Actual
training of apprentices may be undertaken:
a. In the premises of the sponsoring employer in the case of individual
apprenticeship programs;
b. In the premises of one or several designated firms in the case of programs
sponsored by a group or association of employers or by a civic organization; or
c. In a Department of Labor and Employment training center or other public
training institution.
Art. 65. Investigation of violation of apprenticeship agreement. Upon
complaint of any interested person or upon its own initiative, the appropriate
agency of the Department of Labor and Employment or its authorized
representative shall investigate any violation of an apprenticeship agreement
pursuant to such rules and regulations as may be prescribed by the Secretary of
Labor and Employment.
Art. 66. Appeal to the Secretary of Labor and Employment. The decision of the
authorized agency of the Department of Labor and Employment may be appealed
by any aggrieved person to the Secretary of Labor and Employment within five (5)
days from receipt of the decision. The decision of the Secretary of Labor and
Employment shall be final and executory.
Art. 67. Exhaustion of administrative remedies. No person shall institute any
action for the enforcement of any apprenticeship agreement or damages for
breach of any such agreement, unless he has exhausted all available
administrative remedies.
Art. 68. Aptitude testing of applicants. Consonant with the minimum
qualifications of apprentice-applicants required under this Chapter, employers or
entities with duly recognized apprenticeship programs shall have primary
responsibility for providing appropriate aptitude tests in the selection of
apprentices. If they do not have adequate facilities for the purpose, the Department
of Labor and Employment shall perform the service free of charge.
Art. 69. Responsibility for theoretical instruction. Supplementary theoretical
instruction to apprentices in cases where the program is undertaken in the plant
may be done by the employer. If the latter is not prepared to assume the
responsibility, the same may be delegated to an appropriate government agency.
Art. 70. Voluntary organization of apprenticeship programs; exemptions.
a. The organization of apprenticeship program shall be primarily a voluntary
undertaking by employers;
b. When national security or particular requirements of economic development so
demand, the President of the Philippines may require compulsory training of
apprentices in certain trades, occupations, jobs or employment levels where
shortage of trained manpower is deemed critical as determined by the Secretary of
Labor and Employment. Appropriate rules in this connection shall be promulgated
by the Secretary of Labor and Employment as the need arises; and
c. Where services of foreign technicians are utilized by private companies in
apprenticeable trades, said companies are required to set up appropriate
apprenticeship programs.
Art. 71. Deductibility of training costs. An additional deduction from taxable
income of one-half (1/2) of the value of labor training expenses incurred for
developing the productivity and efficiency of apprentices shall be granted to the
person or enterprise organizing an apprenticeship program: Provided, That such
program is duly recognized by the Department of Labor and Employment:
PAGE 34 | 44
Provided, further, That such deduction shall not exceed ten (10%) percent of direct
labor wage: and Provided, finally, That the person or enterprise who wishes to
avail himself or itself of this incentive should pay his apprentices the minimum
wage.
Art. 72. Apprentices without compensation. The Secretary of Labor and
Employment may authorize the hiring of apprentices without compensation whose
training on the job is required by the school or training program curriculum or as
requisite for graduation or board examination.
RA 7796 TESDA ACT
● Apprenticeship It is practical training on the job supplemented by related
theoretical instruction involving a contract between an apprentice and an
employer on an approved apprenticeable occupation
● Highly technical industry refers to a trade, business, enterprise, industry,
or other activity which utilizes the application of advanced technology
(IRR, Book II, Rule VI, Sec. 2[j]). NOTE: Prior approval by TESDA
(formerly DOLE) of the proposed apprenticeship program is a condition
sine qua non. Otherwise, an apprentice becomes a regular employee
(Nitto Enterprises v. NLRC, 248 SCRA 654)
● Must have Apprenticeship Program (approved by TESDA) and agreement
before app is hired otherwise considered regular employee
● Article 60 LC
● Requisites for employment of apprentices
1. The employer should be engaged in a business that is considered a
highly technical industry;
2. The job which the apprentice will work on should be an
apprenticeable occupation. - It is no longer the SOLE, but the TESDA,
who approves apprenticeable occupations
● CASE: Nitto Enterprises vs. NLRC- NO apprentice program
● CASE: CENTURY CANNING CORPORATION vs. CA
● In this case, the apprenticeship agreement was entered into
between the parties before the petitioner filed its apprenticeship
program with the TESDA for approval. Clearly, the apprenticeship
agreement was enforced even before the TESDA approved
petitioner’s apprenticeship program. Thus, the apprenticeship
agreement is void because it lacked prior approval from the
TESDA.
● The TESDA’s approval of the employer’s apprenticeship program
is required before the employer is allowed to hire apprentices.
Since Palad is not considered an apprentice because the
apprenticeship agreement was enforced before the TESDA’s
approval of the petitioner's apprenticeship program, Palad is
deemed a regular employee performing the job of a "fish cleaner."
Clearly, the job of a "fish cleaner" is necessary in the petitioner’s
business as a tuna and sardines factory. Under Article 280 of the
Labor Code, an employment is deemed regular where the
employee has been engaged to perform activities which are
usually necessary or desirable in the usual business or trade of
the employer.
● CASE: ROLANDO ROXAS SURVEYING COMPANY vs. NLRC and
LEONARDO-
● Qualifications of an apprentice:
1. At least 15 years of age NOTE: Those below 18 years of age may be
eligible for apprenticeship only in nonhazardous occupations Sec 59 LC
lowers age req to 14yo
2. Physically fit for the occupation;
3. Possess vocational aptitude and capacity
4. Possess: a. The ability to comprehend, and b. Follow oral and written
instructions;
5. The company must have an apprenticeship program duly approved by the
SOLE.
NOTE: Trade and industry associations may recommend to the
SLE appropriate educational requirements for different occupations.
● Article 61 compensation 75% statutory min wage (6 months); Art 72
● Article 71 Compensation of an apprentice
GR: It starts at not less than 75% of the statutory minimum wage for the 1st
6 months (except OJT); thereafter, shall be paid in full minimum wage,
including the full COLA. XPN: Art. 72 of the LC provides that the SLE may
authorize the hiring of apprentices without compensation whose training on
the job is required: 1. By the school or; 2. By a training program curriculum
or; 3. As requisite for graduation or 4. As requisite for board examination.
● apprentice not absorbed by er
● grounds of termination
1. habitual absenteeism
2. willful disobedience of lawful order
3. poor physical condition
4. guilty of thef or malicious destruction
5. poor performance
PAGE 35 | 44

Art. 73. Learners defined. Learners are persons hired as trainees in semi-skilled
and other industrial occupations which are non-apprenticeable and which may be
learned through practical training on the job in a relatively short period of time
which shall not exceed three (3) months.
Art. 74. When learners may be hired. Learners may be employed when no
experienced workers are available, the employment of learners is necessary to
prevent curtailment of employment opportunities, and the employment does not
create unfair competition in terms of labor costs or impair or lower working
standards.
Art. 75. Learnership agreement. Any employer desiring to employ learners shall
enter into a learnership agreement with them, which agreement shall include:
a. The names and addresses of the learners;
b. The duration of the learnership period, which shall not exceed three (3)
months;
c. The wages or salary rates of the learners which shall begin at not less
than seventy-five percent (75%) of the applicable minimum wage; and
d. A commitment to employ the learners if they so desire, as regular
employees upon completion of the learnership. All learners who have been
allowed or suffered to work during the first two (2) months shall be deemed
regular employees if training is terminated by the employer before the end
of the stipulated period through no fault of the learners.
The learnership agreement shall be subject to inspection by the Secretary of Labor
and Employment or his duly authorized representative.
Art. 76. Learners in piecework. Learners employed in piece or incentive-rate jobs
during the training period shall be paid in full for the work done.
● Learners
1. They are persons hired as trainees in semiskilled and other industrial
occupations
2. Which are non-apprenticeable and
3. Which may be learned through practical training on the job in a relatively
short period of time
4. Which shall not exceed 3 months
5. Whether or not such practical training is supplemented by theoretical
instructions (IRR, Book II, Rule VII, Sec. 1[a]).
● Art 74. Employment of learners Learners may be employed when: 1. No
experienced worker is available 2. It is necessary to prevent curtailment of
employment opportunities; and 3. Employment does not create unfair
competition in terms of labor costs or impair or lower working standards.
● MUST have learnership program and contract approved by TESDA
otherwise considered regular employee
● Employment of minors as learners A learner must be at least 15 years of
age. NOTE: Those below 18 years of age shall not work in hazardous
occupations.
● compensation. ART 75 LC- The wages or salary rates of the learners
which shall begin at not less than 75% of the applicable minimum wage
● Contents of a learnership agreement Any employer desiring to employ
learners shall enter into a learnership agreement with them, which
agreement shall include: The names and addresses of the learners; 2. The
duration of the learnership period, which shall not exceed 3 months; 3. The
wages or salary rates of the learners which shall begin at not less than
75% of the applicable minimum wage; and 4. A commitment to employ the
learners if they so desire, as regular employees upon completion of the
learnership.
● Er must absorbed learner otherwise
● Only hire learner if no available skilled worker
PAGE 36 | 44

SECTION 5. Equal Opportunity for Employment
No disabled persons shall be denied access to opportunities for suitable
employment. A qualified disabled employee shall be subject to the same terms and
conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able-bodied person. Five percent
(5%) of all casual, emergency and contractual positions in the Department of
Social Welfare and Development; Health; Education, Culture and Sports; and other
government agencies, offices or corporations engaged in social development shall
be reserved for disabled persons.
SECTION 7. Apprenticeship Subject to the provision of the Labor Code as
amended, disabled persons shall be eligible as apprentices or learners; Provided,
That their handicap is not much as to effectively impede the performance of job
operations in the particular occupation for which they are hired; Provided, further,
That after the lapse of the period of apprenticeship if found satisfactory in the job
performance, they shall be eligible for employment.
● Persons with disability (PWD) Those whose earning capacity is impaired
by: 1. Physical deficiency 2. Age 3. Injury 4. Disease 5. Mental deficiency
6. Illness
● Er entitled 25% deduction from gross income if they hire PWD
■ PROVIDED:employerget cert from DOLE that he is hiring
PWD; 2.PWD accredited by DOLE and DOH, ID issued by
DSWD
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those
over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
ARTICLE VIII
Working Children
Section 12. Employment of Children. – Children below fifteen (15) years of age
may be employed except:
(1) When a child works directly under the sole responsibility of his parents or
legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the said
minor child with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or
information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or
PAGE 37 | 44
 guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment: Provided,
That the following requirements in all instances are strictly complied with:
(a) The employer shall ensure the protection, health, safety and morals of
the child;
(b) the employer shall institute measures to prevent the child's exploitation or
discrimination taking into account the system and level of remuneration, and
the duration and arrangement of working time; and;
(c) The employer shall formulate and implement, subject to the approval and
supervision of competent authorities, a continuing program for training and
skill acquisition of the child.

In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the above
requirement.

The Department of Labor Employment shall promulgate rules and regulations

necessary for the effective implementation of this Section.

Section 13. Non-formal Education for Working Children. – The Department of

Education, Culture and Sports shall promulgate a course design under its non-
formal education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or
secondary education. Such course design shall integrate the learning process
deemed most effective under given circumstances.

Section 14. Prohibition on the Employment of Children in Certain

Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
byproducts and violence.

Section 15. Duty of Employer. – Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. – Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or imprisonment of not less than
three (3) months but not more than three (3) years, or both at the discretion of the
court; Provided, That, in case of repeated violations of the provisions of this Article,
the offender's license to operate shall be revoked. Section 13. Equal Access and Elimination of Discrimination in Education,
Scholarships, and Training. - (a) The State shall ensure that gender stereotypes
and images in educational materials and curricula are adequately and
appropriately revised. Gender-sensitive language shall be used at all times.
Capacity-building on gender and development (GAD), peace and human rights,
education for teachers, and all those involved in the education sector shall be

PAGE 38 | 44
pursued toward this end. Partnerships between and among players of the
education sector, including the private sector, churches, and faith groups shall be
encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary
levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnant;- outside of
marriage shall be outlawed. No school shall turn out or refuse admission to a
female student solely on the account of her having contracted pregnancy outside
of marriage during her term in school.
Section 22. Right to Decent Work. - The State shall progressively realize and
ensure decent work standards for women that involve the creation of jobs of
acceptable quality in conditions of freedom, equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly
remunerative as family living wage, security in the workplace, and social protection
for families, better prospects for personal development and social integration,
freedom for people to express their concerns organize, participate in the decisions
that affect their lives, and equality of opportunity and treatment for all women and
men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health
hazards taking into account women's maternal functions;
(2) Support services that will enable women to balance their family
obligations and work responsibilities including, but not limited to, the
establishment of day care centers and breast-feeding stations at the
workplace, and providing maternity leave pursuant to the Labor Code and
other pertinent laws;
(3) Membership in unions regardless of status of employment and place of
employment; and
(4) Respect for the observance of indigenous peoples' cultural practices
even in the workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all
efforts to address the causes of out-migration by developing local employment and
other economic opportunities for women and by introducing measures to curb
violence and forced and involuntary displacement of local women. The State shall
ensure the protection and promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against discrimination in wages,
conditions of work, and employment opportunities in host countries.
● CASE: CAPIN-CADIZ vs. BRENT HOSPITAL AND COLLEGES, INC
● indefinite suspension because being pregnant out of wedlock is
not valid for being discriminatory, oppressive, coercive
● CASE: LEUS vs. ST, SCHOLASTICA’S COLLEGE WESTGROVE
● school dismissed employee for pregnant out of wedlock. Such
does not constitute immorality because they are both single and
there is no impediment.
EMPLOYMENT OF WOMEN (LABOR CODE)
Art. 130. Nightwork prohibition. No woman, regardless of age, shall be
employed or permitted or suffered to work, with or without compensation:
a. In any industrial undertaking or branch thereof between ten o’clock at night and
six o’clock in the morning of the following day; or
b. In any commercial or non-industrial undertaking or branch thereof, other than
agricultural, between midnight and six o’clock in the morning of the following day;
or
c. In any agricultural undertaking at nighttime unless she is given a period of rest of
not less than nine (9) consecutive hours.
Art. 131. Exceptions. The prohibitions prescribed by the preceding Article shall
not apply in any of the following cases:
a. In cases of actual or impending emergencies caused by serious accident,
fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to
prevent loss of life or property, or in cases of force majeure or imminent
danger to public safety;
b. In case of urgent work to be performed on machineries, equipment or
installation, to avoid serious loss which the employer would otherwise
suffer;
c. Where the work is necessary to prevent serious loss of perishable goods;
d. Where the woman employee holds a responsible position of managerial or
technical nature, or where the woman employee has been engaged to
provide health and welfare services;
e. Where the nature of the work requires the manual skill and dexterity of
women workers and the same cannot be performed with equal efficiency
by male workers;
f. Where the women employees are immediate members of the family
operating the establishment or undertaking; and
g. Under other analogous cases exempted by the Secretary of Labor and
Employment in appropriate regulations.
Art. 132. Facilities for women. The Secretary of Labor and Employment shall
establish standards that will ensure the safety and health of women employees. In
appropriate cases, he shall, by regulations, require any employer to:
PAGE 39 | 44
a. Provide seats proper for women and permit them to use such seats when they
are free from work and during working hours, provided they can perform their
duties in this position without detriment to efficiency;
b. To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women;
c. To establish a nursery in a workplace for the benefit of the women employees
therein; and
d. To determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and the like.
Art. 133. Maternity leave benefits.
a. Every employer shall grant to any pregnant woman employee who has rendered
an aggregate service of at least six (6) months for the last twelve (12) months,
maternity leave of at least two (2) weeks prior to the expected date of delivery and
another four (4) weeks after normal delivery or abortion with full pay based on her
regular or average weekly wages. The employer may require from any woman
employee applying for maternity leave the production of a medical certificate
stating that delivery will probably take place within two weeks.
b. The maternity leave shall be extended without pay on account of illness
medically certified to arise out of the pregnancy, delivery, abortion or miscarriage,
which renders the woman unfit for work, unless she has earned unused leave
credits from which such extended leave may be charged.
c. The maternity leave provided in this Article shall be paid by the employer only
for the first four (4) deliveries by a woman employee after the effectivity of this
Code.
Art. 134. Family planning services; incentives for family planning.
a. Establishments which are required by law to maintain a clinic or infirmary shall
provide free family planning services to their employees which shall include, but
not be limited to, the application or use of contraceptive pills and intrauterine
devices.
b. In coordination with other agencies of the government engaged in the promotion
of family planning, the Department of Labor and Employment shall develop and
prescribe incentive bonus schemes to encourage family planning among female
workers in any establishment or enterprise.
Art. 135. Discrimination prohibited. It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions of
employment solely on account of her sex.
The following are acts of discrimination:
a. Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employees as against a male
employee, for work of equal value; and
b. Favoring a male employee over a female employee with respect to promotion,
training opportunities, study and scholarship grants solely on account of their
sexes.
Criminal liability for the willful commission of any unlawful act as provided in this
Article or any violation of the rules and regulations issued pursuant to Section 2
hereof shall be penalized as provided in Articles 288 and 289 of this Code:
Provided, That the institution of any criminal action under this provision shall not
bar the aggrieved employee from filing an entirely separate and distinct action for
money claims, which may include claims for damages and other affirmative reliefs.
The actions hereby authorized shall proceed independently of each other. (As
amended by Republic Act No. 6725, May 12, 1989)
Art. 136. Stipulation against marriage. It shall be unlawful for an employer to
require as a condition of employment or continuation of employment that a woman
employee shall not get married, or to stipulate expressly or tacitly that upon getting
married, a woman employee shall be deemed resigned or separated, or to actually
dismiss, discharge, discriminate or otherwise prejudice a woman employee merely
by reason of her marriage.
Art. 137. Prohibited acts.
a. It shall be unlawful for any employer:
1. To deny any woman employee the benefits provided for in this Chapter or
to discharge any woman employed by him for the purpose of preventing
her from enjoying any of the benefits provided under this Code.
2. To discharge such woman on account of her pregnancy, or while on leave
or in confinement due to her pregnancy;
3. To discharge or refuse the admission of such woman upon returning to her
work for fear that she may again be pregnant.
● Art 133 LC Discrimination prohibited against women
● Art 134 marriage not hindrance for employment
● CASE: PHILIPPINE TELEGRAPH AND TELEPHONE COMPANY vs.
NLRC and GRACE DE GUZMAN-
● In the case at bar, petitioner's policy of not accepting or
considering as disqualified from work any woman worker who
contracts marriage runs afoul of the test of, and the right against,
discrimination, afforded all women workers by our labor laws and
by no less than the Constitution. Petitioner's policy is not only in
derogation of the provisions of Article 136 of the Labor Code on
the right of a woman to be free from any kind of stipulation against
marriage in connection with her employment, but it likewise
assaults good morals and public policy, tending as it does to
deprive a woman of the freedom to choose her status, a privilege
that by all accounts inheres in the individual as an intangible and
PAGE 40 | 44
 inalienable right. Hence, while it is true that the parties to a
contract may establish any agreements, terms, and conditions that
they may deem convenient the same should not be contrary to
law, morals, good customs, public order, or public policy. Carried
to its logical consequences, it may even be said that petitioner's
policy against legitimate marital bonds would encourage illicit or
common-law relations and subvert the sacrament of marriage.
● CASE: LAKPUE DRUG vs. MA. LOURDES BELGA-
● Dismissal not valid bc dishonesty not considered grave
misconduct;employerfailed to observe twin notice requirement
● CASE: DEL MONTE PHILIPPINES, INC. vs. VELASCO
● absences without leave due to pregnancy. It did not constitute
gross and habitual neglect. Dismissal not valid
Section 4. Definition of Terms. – As used in this Act, the term:
(c) Domestic work refers to work performed in or for a household or
households.
(d) Domestic worker or "Kasambahay" refers to any person engaged in
domestic work within an employment relationship such as, but not limited to,
the following: general househelp, nursemaid or "yaya", cook, gardener, or
laundry person, but shall exclude any person who performs domestic work
only occasionally or sporadically and not on an occupational basis.
The term shall not include children who are under foster family arrangement,
and are provided access to education and given an allowance incidental to
education, i.e. "baon", transportation, school projects and school activities.
● CASE: APEX MINING COMPANY, INC. vs. NLRC
● laundry woman not domestic worker under kasambahay act. she
is working for corporation. Illegally dismissed
Section 6. Board, Lodging and Medical Attendance. – The employer shall provide
for the basic necessities of the domestic worker to include at least three (3)
adequate meals a day and humane sleeping arrangements that ensure safety.
The employer shall provide appropriate rest and assistance to the domestic worker
in case of illnesses and injuries sustained during service without loss of benefits.
At no instance shall the employer withdraw or hold in abeyance the provision of
these basic necessities as punishment or disciplinary action to the domestic
worker.
Section 10. Prohibition Against Privileged Information. – All communication and
information pertaining to the employer or members of the household shall be
treated as privileged and confidential, and shall not be publicly disclosed by the
domestic worker during and after employment. Such privileged information shall be
inadmissible in evidence except when the suit involves the employer or any
member of the household in a crime against persons, property, personal liberty
and security, and chastity.
Section 14. Deposits for Loss or Damage. – It shall be unlawful for the employer
or any other person to require a domestic worker to make deposits from which
deductions shall be made for the reimbursement of loss or damage to tools,
materials, furniture and equipment in the household.
Section 16. Employment Age of Domestic Workers. – It shall be unlawful to
employ any person below fifteen (15) years of age as a domestic worker.
Employment of working children, as defined under this Act, shall be subject to the
provisionsof Section 10(A), paragraph 2 of Section 12-A, paragraph 4 of Section
12-D, and Section 13 of Republic Act No. 7610, as amended, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act".
Working children shall be entitled to minimum wage, and all benefits provided
under this Act.
Any employer who has been sentenced by a court of law of any offense against a
working child under this Act shall be meted out with a penalty one degree higher
and shall be prohibited from hiring a working child.
Section 17. Employer’s Reportorial Duties. – The employers shall register all
domestic workers under their employment in the Registry of Domestic Workers in
the barangay where the employer’s residence is located. The Department of the
Interior and Local Government (DILG) shall, in coordination with the DOLE,
formulate a registration system for this purpose.
Section 20. Daily Rest Period. – The domestic worker shall be entitled to an
aggregate daily rest period of eight (8) hours per day.
Section 21. Weekly Rest Period. – The domestic worker shall be entitled to at
least twenty-four (24) consecutive hours of rest in a week. The employer and the
domestic worker shall agree in writing on the schedule of the weekly rest day of
the domestic worker: Provided, That the employer shall respect the preference of
the domestic worker as to the weekly rest day when such preference is based on
religious grounds. Nothing in this provision shall deprive the domestic worker and
the employer from agreeing to the following:
(a) Offsetting a day of absence with a particular rest day;
(b) Waiving a particular rest day in return for an equivalent daily rate of pay;
(c) Accumulating rest days not exceeding five (5) days; or
(d) Other similar arrangements.
Section 22. Assignment to Nonhousehold Work. – No domestic worker shall be
assigned to work in a commercial, industrial or agricultural enterprise at a wage
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rate lower than that provided for agricultural or nonagricultural workers. In such
cases, the domestic worker shall be paid the applicable minimum wage.
Section 23. Extent of Duty. – The domestic worker and the employer may mutually
agree for the former to temporarily perform a task that is outside the latter’s
household for the benefit of another household. However, any liability that will be
incurred by the domestic worker on account of such arrangement shall be borne by
the original employer. In addition, such work performed outside the household
shall entitle the domestic worker to an additional payment of not less than the
existing minimum wage rate of a domestic worker. It shall be unlawful for the
original employer to charge any amount from the said household where the service
of the domestic worker was temporarily performed.
Section 27. Prohibition on Interference in the Disposal of Wages. – It shall be
unlawful for the employer to interfere with the freedom of any domestic worker to
dispose of the latter’s wages. The employer shall not force, compel or oblige the
domestic worker to purchase merchandise, commodities or other properties from
the employer or from any other person, or otherwise make use of any store or
services of such employer or any other person.
Section 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an
employer, directly or indirectly, to withhold the wages of the domestic worker. If the
domestic worker leaves without any justifiable reason, any unpaid salary for a
period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer
shall not induce the domestic worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means whatsoever.
Section 29. Leave Benefits. – A domestic worker who has rendered at least one
(1) year of service shall be entitled to an annual service incentive leave of five (5)
days with pay: Provided, That any unused portion of said annual leave shall not be
cumulative or carried over to the succeeding years. Unused leaves shall not be
convertible to cash.
Section 30. Social and Other Benefits. – A domestic worker who has rendered at
least one (1) month of service shall be covered by the Social Security System
(SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home
Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in
accordance with the pertinent provisions provided by law.
Premium payments or contributions shall be shouldered by the employer.
However, if the domestic worker is receiving a wage of Five thousand pesos
(P5,000.00) and above per month, the domestic worker shall pay the proportionate
share in the premium payments or contributions, as provided by law.
The domestic worker shall be entitled to all other benefits under existing laws.
Section 32. Termination of Service. – Neither the domestic worker nor the
employer may terminate the contract before the expiration of the term except for
grounds provided for in Sections 33 and 34 of this Act. If the domestic worker is
unjustly dismissed, the domestic worker shall be paid the compensation already
earned plus the equivalent of fifteen (15) days work by way of indemnity. If the
domestic worker leaves without justifiable reason, any unpaid salary due not
exceeding the equivalent fifteen (15) days work shall be forfeited. In addition, the
employer may recover from the domestic worker costs incurred related to the
deployment expenses, if any: Provided, That the service has been terminated
within six (6) months from the domestic worker’s employment.
If the duration of the domestic service is not determined either in stipulation or by
the nature of the service, the employer or the domestic worker may give notice to
end the working relationship five (5) days before the intended termination of the
service.
The domestic worker and the employer may mutually agree upon written notice to
pre-terminate the contract of employment to end the employment relationship.
Section 33. Termination Initiated by the Domestic Worker. – The domestic worker
may terminate the employment relationship at any time before the expiration of the
contract for any of the following causes:
(a) Verbal or emotional abuse of the domestic worker by the employer or any
member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by
the employer or any member of the household;
(c) Commission of a crime or offense against the domestic worker by the
employer or any member of the household;
(d) Violation by the employer of the terms and conditions of the employment
contract and other standards set forth under this law;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(f) Other causes analogous to the foregoing.
Section 34. Termination Initiated by the Employer. – An employer may terminate
the services of the domestic worker at any time before the expiration of the
contract, for any of the following causes:
(a) Misconduct or willful disobedience by the domestic worker of the lawful
order of the employer in connection with the former’s work;
(b) Gross or habitual neglect or inefficiency by the domestic worker in the
performance of duties;
(c) Fraud or willful breach of the trust reposed by the employer on the
domestic worker;
(d) Commission of a crime or offense by the domestic worker against the
person of the employer or any immediate member of the employer’s family;
(e) Violation by the domestic worker of the terms and conditions of the
employment contract and other standards set forth under this law;
(f) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household; and
(g) Other causes analogous to the foregoing.
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Art. 154. Regulations of Secretary of Labor. The regulations or orders to be
issued pursuant to this Chapter shall be designed to assure the minimum terms
and conditions of employment applicable to the industrial homeworkers or field
personnel involved.
Art. 155. Distribution of homework. For purposes of this Chapter, the “employer”
of homeworkers includes any person, natural or artificial who, for his account or
benefit, or on behalf of any person residing outside the country, directly or
indirectly, or through an employee, agent contractor, sub-contractor or any other
person:
1. Delivers, or causes to be delivered, any goods, articles or materials to be
processed or fabricated in or about a home and thereafter to be returned or to be
disposed of or distributed in accordance with his directions; or
2. Sells any goods, articles or materials to be processed or fabricated in or about a
home and then rebuys them after such processing or fabrication, either by himself
or through some other person.
Art. 156. First-aid treatment. Every employer shall keep in his establishment
such first-aid medicines and equipment as the nature and conditions of work may
require, in accordance with such regulations as the Department of Labor and
Employment shall prescribe.
The employer shall take steps for the training of a sufficient number of employees
in first-aid treatment.
Art. 157. Emergency medical and dental services. It shall be the duty of every
employer to furnish his employees in any locality with free medical and dental
attendance and facilities consisting of:
a. The services of a full-time registered nurse when the number of employees
exceeds fifty (50) but not more than two hundred (200) except when the employer
does not maintain hazardous workplaces, in which case, the services of a
graduate first-aider shall be provided for the protection of workers, where no
registered nurse is available. The Secretary of Labor and Employment shall
provide by appropriate regulations, the services that shall be required where the
number of employees does not exceed fifty (50) and shall determine by
appropriate order, hazardous workplaces for purposes of this Article;
b. The services of a full-time registered nurse, a part-time physician and dentist,
and an emergency clinic, when the number of employees exceeds two hundred
(200) but not more than three hundred (300); and
c. The services of a full-time physician, dentist and a full-time registered nurse as
well as a dental clinic and an infirmary or emergency hospital with one bed
capacity for every one hundred (100) employees when the number of employees
exceeds three hundred (300).
In cases of hazardous workplaces, no employer shall engage the services of a
physician or a dentist who cannot stay in the premises of the establishment for at
least two (2) hours, in the case of those engaged on part-time basis, and not less
than eight (8) hours, in the case of those employed on full-time basis. Where the
undertaking is non-hazardous in nature, the physician and dentist may be engaged
on retainer basis,
subject to such regulations as the Secretary of Labor and Employment may
prescribe to insure immediate availability of medical and dental treatment and
attendance in case of emergency. (As amended by Presidential Decree NO. 570-
A, Section 26)
Art. 158. When emergency hospital not required. The requirement for an
emergency hospital or dental clinic shall not be applicable in case there is a
hospital or dental clinic which is accessible from the employer’s establishment and
he makes arrangement for the reservation therein of the necessary beds and
dental facilities for the use of his employees.
Art. 159. Health program. The physician engaged by an employer shall, in
addition to his duties under this Chapter, develop and implement a comprehensive
occupational health program for the benefit of the employees of his employer.
Art. 160. Qualifications of health personnel. The physicians, dentists and
nurses employed by employers pursuant to this Chapter shall have the necessary
training in industrial medicine and occupational safety and health. The Secretary of
Labor and Employment, in consultation with industrial, medical, and occupational
safety and health associations, shall establish the qualifications, criteria and
conditions of employment of such health personnel.
Art. 161. Assistance of employer. It shall be the duty of any employer to provide
all the necessary assistance to ensure the adequate and immediate medical and
dental attendance and treatment to an injured or sick employee in case of
emergency.
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Art. 151. Employment certification. Upon the severance of the household
service relation, the employer shall give the househelper a written statement of the
nature and duration of the service and his or her efficiency and conduct as
househelper.

Art. 152. Employment record. The employer may keep such records as he may
deem necessary to reflect the actual terms and conditions of employment of his
househelper, which the latter shall authenticate by signature or thumbmark upon
request of the employer.

Art. 153. Regulation of industrial homeworkers. The employment of industrial

homeworkers and field personnel shall be regulated by the government through
the appropriate regulations issued by the Secretary of Labor and Employment to
ensure the general welfare and protection of homeworkers and field personnel and
the industries employing them

● industrial work in their homes

● when not allowed: manufacture or process of toxic substances, fireworks,
drugs

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