fave ea Labo r DOW \o Everyone's LABOR CODE Lawes should be written in plain and ordinary English or Filipino that the average lay person can understand. Justice Roberto A. Abad The language of the law must not be foreign to the ears of those who are to obey it. Justice Learned Hand With lasting gratitude to Zosimo Q. Pizarro Rene E. Ofreneo ‘Arturo D. Brion jose T. De Leon Tony Tan Caktiong “Rajini Hiranand Eduardo E. de tos Angeles Roberto A. AbadPhuiippine Copyright 1997, 2000, 2001, 2006, 2007, 2010, 2012, 2015 be RES ALYERO AAUCENA, Jk. Pouctitioner, Professor, Bar Reviewer, Baur Exam 197 edition (three reprintings) Eighth Edition ALL RIGHTS RESERVED rt of this book may be reproduced in any way without a written jgsion [rom the author Any copy of this book without the author's original signature and a ‘Corresponding nanber on this page proceeds from an illegitimate source yyone is unanthorized. and its possession by 755 PERM Certificate of Registration Nff_O7 58 ISBN.978-971-23-7892-8 Notice: (1) This work provides helpful information butis not meant to be asel-contained advivor;veaders facing a dispute may need assistance from an expert professional. (2) The “Notes” to the Articles are mostly substantive and careful summenies of court rulings, but they do not substivute forthe: original sources reed ex printing compay, inc. gph cae 1 tr Sse ay PREFACE “More than the fundamentals, but..." ‘This work aspires to bring the ltbor fas to wide public awareness. Law writers tind law teaehieas, Laink, have a responsibility 0 tell the laws to the people, not Jj wo lingers snd hiw suudents, Beesuse laws exist to addeese public concerne, the people themselves should be adequately informed of the laws; otherwise, luymaking is only halftone. And public formation is most gravely needed of laws thac affect the mass of workers, such 2s the labor laws. Sadly, though, most Filipino ray business owners and n vinformed of thelt rights workers andl and responsibilities, Public Labor Education yt co be a movement, a cause thac deserves wide ‘support, There ight 4 he sn OPLE = Organization for Peuple's Labor Education, To this end, this ook aims to popularize labor law fundamentals in a manner sited to lay reiders, Must of the Labor Cade seticles — the key or significant provisions — are supplemented wich "Notes" writen suecinetly and simply in ponlegalisic sulc. Man of dhe "Notes" quote or condense court rulings, and 1 Fave taken great cure that the gists eapeured the rulings accurately. [have not traded! correctness lor simplicity ‘This edition also reflects many changes inthe implementing rules, particularly those under Department Orders No. 1844 about labor contracting, that introduces changes of far-reaching significance. Also reflected are the changes affecting the POBA and the NLRC. Considering its varied sources the book thereline goes beyond che Fiuylanrewtas, idl (ved to sbi wide ane sesders sme Urea ‘SPECIAL WORDS ... To ProrLs Maxwctns aNb Business SteDENTS: A people manager does not have to be lawyer because people management 1 no people manager, present or prospective, can be nal connpeient without a working Knowledge nf the labor laws because tints hun resource management inet, confident they act th Selection and placement of employees ave affected by laws found in Books 1.1L V, and V1 of tie Code; taining and developmicnt, by sone articles in Books Tand V; salary and benefits administration, by Books IT and V; employment and ‘union relasons, by Books HL, V, and VL Labor lans are cither prescriptions oF boundaries or both, Where they are prescriptions or commu, sich asthe minima labor standards, they have to be obeyed, or replaced only by permissible substicutes. Where they are boundaries, such asthe lay ayzinst ait-unionism, they can be transgressed only with damaging effects. Fiuher ws knowledge of labor laws is elemental in competent and effective management of people, ‘The same competence bt expected of union lewlcrs, Rexpomble and effective Umnionisin is temote where knonsledge of and respect for labor laws are deficient oF abvent xi14 Lass STUDENE 1c wh is seriously aspiring tw became « lawyer should not be contented wrth dis book, Aidhough this book presents litle more than the fanamental, it ie at welitute forthe extwaksin Labor Standards and Labor Relations. This book, Contains explanations of labor la provisions 2s well as gists of court rulings, but tire ave severely selective and condensed. Onstied are rationales of doctrines, tisany court ratings, and many “advanced” ies, For ome 10 ys the ar exam, ine neds a solid foundation, a foundation that only comprehensive texthooks cea bul ay hen. quite frankly, that this book dees not provide a solid grounding i Lawyer, people misnger, or an aspiving lawyer needs ast Bye REENEES: Because hw students use this book i teir bar review, 1 have profieely ceviche! it asx reviewer. New topies an ‘Supreme Court rulings are led! wo this edition. snckanswer format, With due respect ‘QuawbA yeviewers. Fisily, Believe undent's vate ans T ave sgh abe Meaney of capeepts Te queson bs the ser se dhe Ds equim Wehanged, destock snes i ot To era! recep ota nc i eleven net explore fee oak questions aan ie bow The wat to learning cording eet phiosopler Jo Tie cto ng noc hong iene ead eves Seconds in a Qa reviewer the be pie ane ain, Uns jae ete hey dt sha she ead sr incoepesued aie sms dacs ar ree te Ra ase He coda ore lore in ana Tis vie eae to flow i the provisions si concept re nou seateed in choprhop” form, ar subsumed in ‘lar points of ly come out piece ve Toll uch time spenen reaing a dst the questions ingest the wat ote setoes a devon Ts ik ue seo ' For these three reasons, I do prefer the “open” instead of the “boxed” wpe of ree eT lsat tee eno or nee Qaneh eee al “Seco mameny rated he cst thet shes trans boob, despite te shortcomings, would sontbte 2 BE © the tbo educa te people othe ccs of sds sd agers he all he ae Era ave been wll spn the pees. eran ed See ary faring rom tape of rec omnis (Aer, Beri ree aictteey been ms mvt of he counsel Justice Lewes eRe gage oe tn must note reg tothe cars oF those ho ae rae cualone tiling, nde Reber Abad exhorts: "Law shou be writen in Saas etary Engh o Filpin tint te average lypemon can derstand” Tae ndnae a he exoreton wheyond! dob Rellected in this ediion are the changes made Ly R.A. No. 10151 about night ‘workers andl by RA. No, 10022 about mighint workers. Also added are the changes made by RA. No, 10385 and RA. No, 10396, ‘The latest DOLE dlepavtment orders about labor contrseting and about the ‘national interes industries are here reprodiced and explained. Some significant Supreme Catt clevisons are uso included. As requived by RA. No. 10151, the articles, bexiuning with Article 180, have been renumbered with extreme care, The old numbers ate bracketed, ‘The rest ul dhe changes are mostly sentence aul diction improvements, The book is cave sbanst shit it saps ancl how itis said. To ts, substance and style are of equal importance: Pasig City san Pablo SUPPLEMENTAL PREFACE A Note on the Renumbering of Labor Code Articles In the previous cision ofthis book, [initiated the renumbering of the Labor Code antcles, beginning with Article 180, 10 comply with the direetive of RA. No. 10151, passed in 3011 Happily | note har che renumbering that Initiated conforms with citations in Supreme Court decisions, such as Pepsi-Cola xs, Modi, Febxsat ¥ 18, 2013; Alvar 1 GTB, September 25.2013; Surigao ws. Gonzaga, une 10, 2013; Dela Cruz ws. NLRC, June 28, 2013: Dongou rs. Rapid Moves, August 28, 2013: Sangooo Phil ws. Sango Union, December $. 2013; Dianond Taxi vs. Lamas, March 12, 2014; Bergonio vs. SouthEast Asion Artiovs. April 21, 2014; Drofono vs, ull, june 18, 2014, and some other decisis But recently two things happened: (1) RA No. 10861 (approved on January 18, 2013) repealed the 12 artiles about liousehelpers, aud (2) RA. No. 10396 (approved on March 14, 2013) inserted a “new Article 228" which BLP. Blg. 180 bad deleted in. 1981. These developments require another round of renumbering ofall affected Labor Code atice. Pasig Cry aud San Pablo City frune 16, 2015,Books by the Author in Current Edition HE LABOR CODE WITH COMMENTS AND CASES (VOLUMES I and 1) ‘The textbooks: A.comprehensive instructional study of the whole Labor Code, richly amplified with comments autct court «lings; intened for lay stuclents, lawyers, practitioners; recipient of the Supreme Court “Centenary Book Award” widely used text books, noW on twenty-second year edition EVERYONE'S LABOR CODE ‘Phe dxbor law furatamentats/reviewer: The Labor Cade for business and Taw students, bar reviewees, managers, unionists, and the general public; -odal provisions are supplemented with essential explanatory Notes’ and rulings condensed in pln English; eigleh ediciont EMPLOYMENT AND OUTSOURCING UNDER PHILIPPINE LAW An indepth but simplified expkmnation of the basic and vexing problem of: Who is an employee? Who is a conuactor? Also explains the difference beoween legitimate contracting and false contracting (known also as laboronly contracting). What are the effects of either kind of contracting? SPECIAL LABOR LAWS ‘The labor laws outside the Labor Cade that are required subjects in the law curricula (Bachelor of Laws and Juris Doctor) and aften consulted by employers and employees. Some special laws are annotated with comments and court rulings ELveryone’s LABOR CODE C. A. AZUCENA, JR. Eighth Edition 2015 (Renumbering of Articles Conforms with DOLE Advisory No. 1, Series of 2015) Published &Distibuted by a REX Book Store £55 Nano Bayes S St telson wens? STF Ci Ree hence alton sear. ress3¢ Shinar senrrpntsipg rampSURSUPPLEMENTAL PREFACE Prefice when 1 received information Bn poeand Employment id jus released a "DOLE Edition parent of Labora et yenubetedyvexgh DOLE Adon No ie es enue ha people ave eats Leechecked the nunbering that had done. four en wating ta tevings of the ticles she DOLE Ean ain ss ae rt he same from Arle Ito Article S17. 1 was editing the above Supplemental uae the bl the Labor Code, with the artic 1 ated July 21, 2015. Here, at lst 7 sail ately, D.O. No, 147-15 cane out when we could sil fue it here, Dated September 7, 2015, it ‘cnuployment termination. This freshly cs implementing Book V1 Fina, aed very fortun sop the printing so that we could incl yeision of some fevisions aboot Vrarauent order const Rule fa oF the cu enised ised de Its text is there reproduced in full Pasig City and San Fabio Gis yee 21 2015 ‘Gerber 10, 2015 TABLE OF CONTENTS Preface, xi ‘Acronyms, xxv Chapter 1 Art are Art Art ar. Art (Chapter Il — EMANCIPATION OF TENANTS Art are An ar. are Chapter I — GENERAL PROVISIONS Art Art Art Are Art art Art Ar. Gea SeO REE aN OnESS! PRELIMINARY TITLE — GENERAL PROVISIONS 1. Name of Decree, 3 2 Dawe of Elfectivty, 4 3. Declaration of Basie Policy, 5 Constinutional Source, 5 ‘Constizutional Balance, 6 \wuernational Labor Lav, 6 Equal Opportunities, 7 4. Construetion in Favor of Labor, 8 Management Rights, 8 5. Rules ancl Regulations, 9 6. Applicability, 10 7. Sutement of Objectives, 12 8. Transfer of Lands to Tenant Workers, 12 9. Determination of Land Value, 12 10, Conditions of Ownership, 12 11. linpleanenting Agency, 18, BOOK ONE — PRE-EMPLOYMENT Tile I — RECRUITMENT AND PLACEMENT OF WORKERS 12, Statement of Objectives, 14 ‘Unemployment and Overseas Employment, 15 13, Definitions, 15 14. Employment Promotion, 16 15, Bureau of Employment Services, 7 16. Private Recruitment, 18 17. Overseas Employment Development Board, 18 18. Ban om Direct-Hiring, 19 19. Office of Emigrant Affairs, 19 2Ast 20.: National Seamen Boar, 19 Employment: Local or Overseas, 20 POEA and Its Jurisdiction, 20 ‘Overseas Employment Conditions, 21 Freedom to Stipulate, 21 Conformance to International Rate, 21 ‘Tenure: Overseas Seafarers are Contractual Employees: Domestic Seafarers may be Permanent; D.O. No. 281, 22 Premature Termination of Contract, 23 ‘Three Month's Pay Under R.A. No, 8042 and R.A. No. 10022, Unconstiutionality Reiterated, 23 Are 21. Foreign Service Role and Participation, 23 ‘ArC22, Mandatory Remittance of Foreign Exciange Earnings, 24 ‘Art.28. Composition of the Boards, 24 Art 24. Boards to Issue Rules and Collect Fees, 25 ‘Chapter Il — REGULATIONS OF RECRUITMENT ‘AND PLACEMENT ACTIVITIES ‘Art 25._ Private Sector Participation in the Recruitment ‘and Placement of Workers, 26 Art. 26. ‘Travel Agencies Prohibited wo Recruit, 26 ‘Art 27. Citizenship Requirement, 26 ‘Art. 28, Capitalization, 26 ‘Art 29, Non-Transferabilty of License or Authority, 26 ‘Art, 30. Registration Fees, 27 Art $1. Bonds, 27 [Ant 32, Fees to be Paid by Workers, 27 ‘The OWWA and Repaviation of Workers, 23 Art. 88. Reports on Employment Status, 29 ‘Art 4. Prohibited Practices, 29 ‘APC 35._ Suspension and/or Cancellation of License or Authority $0 32 ‘Chapter Ill — MISCELLANEOUS PROVISIONS ... Art. 36, Regulatory Power, 32 Art 37, Visitorial Power, S2 Art 38, Illegal Recruitment, 32 TMlegal Recruitment Redefined, $5 Whos Liable, 34 Failure and Register with POEA: Malun Proititum, 34 Economic Sabotage. 34 Estafa, 35 Unconstitutional Powers, 85 Art. 39, Penalties, 33 Penalties, 26 Venue, 36 Prescriptive Periods, 36 ‘Three years, Not one, 36 Tie I — EMPLOYMENT OF NONRESIDENT ALIENS Art. 40. Employment Permit of Nonresident Aliens, 97 Art 41. Prohibition Against Transfer of Employment, 37 ‘Art 42. Submission of List, 37 BOOK TWO — HUMAN RESOURCES DEVELOPMENT ‘Title I — NATIONAL MANPOWER DEVELOPMENT PROGRAM (Chapter I — NATIONAL POLICIES AND ADMINISTRATIVE, MACHINERY FOR THEIR IMPLEMENTATION. Salient Points of TESDA Law, 41 Policy, 41 Goals, 4 Powers and Functions of the Board, 41 ‘TESDA Activities and Programs, 42 Performance Review, 46 ‘Title Il — TRAINING AND EMPLOYMENT OF SPECIAL WORKERS Chapter I — APPRENTICES ‘Ax.57. Statement of Objectives, 47 ‘Art 58. Defniuon of Terns, 47 ‘ATL 50, Qualieaonasf Apprentice, 47 Art 60. Employment of Apprentices, 48 At 61, Comentsof Apprenticeship Agreements, 48 ‘Art 62, Sighing of Apprenticeship Agreement, 48 Arc 63, Venue of Apprenticeship Programs, 4 Arc 64. Sponoring of Apprendeship Program, 9 ‘Arc 65. Investigation of Violation of Apprenuceship Agreement 49 A 60. Appeal the Secretary of Labor, 19 Act 67. Exhaustion of Administrative Remedies, 49 Art 68. Api Testing of Applicans, $9 Ar Response Tere naruto, 9 £70. Voluntary Organization of Apprenticeship Programs Exemptions, 50 me ia Dedicubily of Training Coss, 50 Apprentices Without Compensation, 50 a Ar 71 An 72Chapter I~ LRARNERS .. 51 Art 90, Computation af Additional Compensation, 69 Art 78. Learners Defined. 51 (Chapter I WEEKLY REST PERIODS Art. 74. When Learners May be Hired, 51 ° TP 70 Art. 75, Learnership Agreement, 51 Art. 91, Right to Weekly Rest Day, 70 Art 76. Learners in Piecework, 51 ‘Ar 92. When Employer May Require Work on a Rest Day 70 palit reaniy cael Ar 98. Compensation for Rest Day, Sunday ot Holiday Work, 71 Distinction Between Apprenticeship and Learnership, 52 (Chapter Ill — HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES 2 ‘Chapter Il — HANDICAPPED WORKERS 58 ARCO Right to Holiday Pay, 73 Ar. 78. Definition, 58 Muslim Hotiays, 75 {Art 79. When Employable, 53 Montbly-Salaried Employees, 74 ‘Art 80. Employment Sgreement, 53 Hourly paid Teachers, 73, Are 81. Eligibility for Apprenticeship, 58 Double Holiday; Holiday sunday, 7 ECOLA on a Legal Holiday, 75, Memo Circular No.0, Series of 2004 £0. No, 292, 75 RA No. 9492 (uly 25, 2007) BOOK THREE — CONDITIONS tind RA. No. 9849 (2009), 77 OF EMPLOYMENT Teeth Legal Holiday, 78 Holiday Proclamation, 78 ‘Title I— WORKING CONDITIONS AND REST PERIODS Act 95, Right io Service Incentive Leave, 78 : Diner Leaves Under Special Labor Laws, 79 ears aries oo Battered Woman Leave, 79 Art 82. Coverage, 56 Special Leave, 79 FmployerEmployee Relationship, 57 Ar. 96. Service Charges, 79 Determinants of Employment Relationship: The Fourfold Test, 87 ‘Tile 11 — WAGES Suongest Determinant: Conteol Over Conduct and ee eee SrTERS Work Performance, 57 sald 7" cae a Evidence of Being an Employee, 58 Are 97. Definition, 81 | Inconclusive Determinants of EmployerEmployee Fair Wage for Fair Work, No Work:No Pay Principle, 82 Relationship, 58 Equal Pay for Equal Work, 82 Employee's Tenure; Kinds of Employment, 59 Wage Includes Facilities or Cammodities, 82 Commission genes, 61 Art. 98. Application of Tie, 88 Excluded Employees, 61 ‘Management, Generally, Decides Employment (Chapter 1 — MINIMUM WAGE RATES 85 Conditions, 62 Art 99. Regional Minimum Wages 85 Art 88, Normal Hours of Work, 68 Daily-paid or Monthly-paid, 85 Health Personnel, 63 Agricultural and Industrial Rates, 85 Republic Act No. 5901 Already Repealed, 64 At. 100, Prohibition Against Elimination or Diminution of Benefits, 86 Art 84, Hours Worked, 64 Bors 87 Aru 85. Meal Periods, 65 ‘Thirteenth Month Pay, 88 ‘Ar 86. Night Shift Differential, 63 Are. 101, Payinent By Ress, 68 ‘Art 87, Overtime Work, 66 ArC88, Undertime Not Oster by Overine, 67 Chapter II — PAYMENT OF WAGES % Compressed Work Week, 68 eee Art. 89, Emergency Overtime Work, 68 caeArt, 103. Time of Payment, 91 Art, 104, Place of Payment, 91 ‘Art. 105, Direct Payment of Wages, 9. ‘Art. 106, Contractor or Subcontractor, 92 Employer-Employee Relationship in Contracting ‘Arrangement, 93 Contractor and Consracting Defined, 94 ‘Labor-only Contracting (Section 6 Prohibition), 96 Rights of Contractor's Employees, 98 Liabilities ofthe Principal Contractor's Employees, 99 PRPA Not a Labor Contractor. 99 Cooperative as Labor Contractor, 9 Former Employees as Gontractors, 100 *Other Prohibitions” under Section 7 of D.O. No. 18.4, 101 ‘Art. 107. Indirect Employer, 101 Art 108. Posting of Bond, 101 ‘Art. 109, Solidary Liabilsy 102 Art 110. Worker Preference in Case of Bankruptcy, 102 Art 111, Attorney's Pees, 403 (Chapter IV — PROHIBITIONS REGARDING WAGES vensuonensnsnnensne 108 Art 112, Non-Interference in Disposal of Wages, 104 Are 118, Wage Deduction, 104 |Art. 114, Deposits for Loss or Damage, 105 ‘Art 115, Limitations, 105 Art 116. Withholding of Wages and Kickbacks Prohibited, 106 Art 117, Deduction to Ensure Employment, 106, Art 118, Reraiatory Measures, 106, ‘Art 119, False Reporting, 106 ‘Chapter V— WAGE STUDIES, WAGE AGREEMENTS. ‘AND WAGE DETERMINATION [Art 120, Creation of National Wages and Productiéty Commission, 107 Are. 121, Powers and Funetions of the Commission, 107 Art. 122, Greation of Regional Tripartite Wages and Productiviey Boards, 108 Art. 123. Wage Order, 109 ‘Art 124, Suandards/Criteria for Miniznua Wage Fixing, 110 Wage Distortion, 112 Effort to Reetify, 112 Amount of Distortion Adjustment, 113, Salary Distortion Viewed Regionally, 113, Employerinitiated Salary Restructuring, 114 Act 125, Freedom to Bargain, 14 ‘ASC 126. Prohibition Against Injunction, 114 Art 127. Non-Diminution of Benefits, 114 107 (Chapter VI— ADMINISTRATION AND ENFORCEMENT Art. 128. Vistorial and Eaforcement Power, 117 DOLE Regional Director Empowered to Determined Employer Employee Relationship, 119 Non-compliance with Wage Order, 119 Art. 129, Recovery of Wages, Simple Money Claims and Other Benefits, 120 From DOLE Secretary 10 CA, 121 "Tre Enfarcement Framework, D,O, No. 191-13, 121 SEnA (Single Entry Approach), 122 Title Ill — WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES 124 Chapter I — EMPLOYMENT OF WOMEN ‘Art 190 (152). Facilities for Women, 125 ‘Art. 131 [133). Maternity Leave Benefits, 125 “Maternity Leave Under SSS Law, 126, Paternity and Other Leaves, 126 ‘Art. 132 [124]. Family Planning Services; Incentives for Family Planning, 126 ‘at. 133 [135], Discrimination Prohibited, 127 ‘Art 134 [136]. Scipulation Againss Macciage, 127 ‘Art. 135 (137). Prohibited Acts, 127 ‘Arc 136 (135). Classification of Certain Women Workers, 128 Sexttal Harassment, 128 (Chapter Il — EMPLOYMENT OF MINORS Art. 187 (139). Minimum Employable Age, 129 ‘Are 188 (140). Prohibition Against Child Discrimination, 129 130 (Chapter III — EMPLOYMENT OF HOUSEHELPERS .. Arts, 199-150 [Repealed], 130 (Chapter 1V — EMPLOYMENT OF HOMEWORKERS Art 151 [153]. Regulation of Industral Homeworkers, ‘Art 152 [154]. Regulations of Secretary of Labor, 131 Art 155 [155]. Distribution of Homework, 13 131 (Chapter V— EMPLOYMENT OF NIGHT WORKERS 12 Art 154. Coverage, 182 Art 155. Health Assessment, 132 Art. 156. Mandatory Facilities, 152 ‘Art 157. Transfer, (32 Art 158. Women Night Workers, 133, ‘Art. 159, Compensation, 138 xxiAst, 160, Social Services, 198 ‘Art. 161. Night Work Schedles, 154 BOOK FOUR — HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS Title I— MEDICAL, DENTAL AND OCCUPATIONAL SAFETY (Chapter 1— MEDICAL AND DENTAL SERVICES 136 Art, 102 (156). FistAid Treaunent, 188 Art 168 [157], Energency Medical and Dental Services, 136 ‘Art 168 (458), When Emergency Hospital not Required, 187 At. 165 [159]. Health Psogram, 187 Art 166 [160]. Qualifications of Heaith 2ersonel, 15 ‘Art. 167 [161]. Assistance of Employer, 187 (Chapter Il — OCCUPATIONAL HEALTH AND SAFETY 138 ‘Art, 168 [162). Safety and Health Standards, 138 ‘Art 169 (163). Research, 138 ‘Art 170 (164). Training Programs, 138 ‘Art 171 (165). Administration of Safety and Health Law, 138 ‘Tide Il — EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND (Chapter I= POLICY AND DEFINITIONS nnn ve ‘Act. 172 [166]. Policy, 140 Act 13 [167], Definition of Terms, 140, Injury, 143 “TwengyfourHour Duy” Doctrine, 144 Sickness, 144 Cancer, 15 Employment Incidents, 145 ‘Outings and Picnics, 145 Beneficial to Employer, 145, Dual Purpose Doctrine, 148, Chapser Il — COVERAGE AND LIABILITY “7 ‘Art, 174 (168). Compulsory Coverage, 147 Art 375 [169]. Foreign Employment, 147 Art. 176 [170]. Bifective Date of Coverage, 147 ae TL Rete ‘Art. 178 [172]. Limitation of Liability, 147 Ast 179 [173]. Extent of Liability 148 Art 180 [174], Liability of Third Parties, 149 ‘Art 484 [175]. Deprivation of Benefits, 49 Chapter Hl — ADMINISTRATION sos 7 Art 182 [176]. Employees’ Compensation Commission, 150 Aart, [83 [177]. Powers and Duties, 150 Art 184 [178]. Management of Funds, 151 ‘Act 185 [179]. Investment of Funds, 152 Art. 186 [180]. Setlement of Claims, 152 Art 187 [ISI]. Review, 152 An. 88 82]. Enforcement of Decisions, 152 Chapter IV — CONTRIBUTIONS so Art, 189 [183]. Employer's Contributions, 153 Art 190 [154]. Government Guarantee, 153 13 (Chapter V — MEDICAL BENEFITS APL IDE (185). Medical Services, 155 ‘Art 192 (186). Liabiliy, 155 ‘Ast 193 [147]. Attending Physician, 155 ‘Art. 194 {188}. Rafwsal of Examination or Treatment, 155 APU 195 [180]. Fees and Other Charges, 155 Art 196 [1010]. Rehabilitation Services, 156, (Chapter VI_— DISABILITY BENEFITS .... ‘Art, 197 [191). ‘Temporary Total Disability, 157 ‘Are 198 [192], Permanent Total Disability, 187 Art. 199 [193]. Permanent Partial Disability, 158 187 Chapter Vil — DEATH BENEFITS 360 Art 200 1194), Death, 160 (Chapter VIII — PROVISIONS COMMON TO INCOME BENEFITS 162 Art. 201 [1085]. Relationship and Dependency, 162 Art. 202 [199]. Delinquent Contributions, 162 ‘Art. 203 (197), Second Injuries, 168 Art 204 [198], Assigmment of Benefits, 168 ‘it 205 [199]. Earned Benefits, 163, ‘Art. 206 (200), Devices, 163 Art 207 [201]. Prescriptive Period, 163 Art 208 [202]. Erroneous Payment, 163 Art. 209 (203), Prohibition, 164 Art. 210 [204]. Exemption from Levy, Tax, ete, 164 ‘Chapter 1X — RECORDS, REPORTS AND PENAL PROVISIONS 165 Art. 211 [205]. Record of Death or Disability, 165 vali‘Avrard of Damages, 184 Issuance of Injunction, 184 Overseas Workers, 185, Venue, 185 A 225 (2181. Powers of the Commission, 185 ‘Art 296 (219). Ocular Ingpection, 187 Powers ofthe NLRG, 189 NLRC's Rates of Procedure, 188 Suppletory Rules, 188 . cebu Injunetive Power, 188, Title IV — ADULT EDUCATION ‘Ar 227 [221]. Technical Rules Not Binding and Prior Resort co Amicable Setement, 189 Art, 212 [206}, Notice of Sickness, Injury or Death, 165, Art. 218 [207]. Penal Provisions, 166 ‘Art. 214 [208}. Applicability, 167 Art 215 [208A]. Repeal, 167 Title IM — MEDICARE ‘Art 216 {200}. Medical Care, 168 e207 ule Econ, 16 ee alee ia Procedural Rules, 189 Disinisal of Complain Based ‘on Preseription, 190 BOOK FIVE — LABOR RELATIONS Amicable Sectlement, 190 = Decision of Labor Arbiter, 191 Title ]— POLICY AND DEFINITIONS ‘Art. 285 [222], Appearances and Fees, 19] Nonlawyer, 192 Chapter 1— POLICY —— 169 lawyer 192 Art. 218 [211]. Declaration of Policy 169 Chapter I~ APPEAL Nature of Labor Relations. 179 ‘Ar. 229 (229). appeal, 194 ‘Worker's Participation, 171 Requisite for Perfection of Appeal, 195 Labor Education, 171 Periods, 195 Perfection of Appeal Requires Postn Chapter Il— DEFINITIONS 6. wm of Bond a res 190 u ee eee Efect of Appeal from Arbiter to NLRC, 196 Issues on Appeal; Remedies, 197 Title It — NATIONAL LABOR RELATIONS Exusordinaty Remedies, 197 ORMISETORT ‘onciliation and Mediadon, 197 oe NLRC Decision, 198, ‘Chapter I — CREATION AND COMPOSITION ... 175, eect pe ae coe ‘vt 200 (218), National Labor Retstons Corum, 175 Where ts Fle Peiton; the St. Martin Art 221 [214]. Headquarters, Branches ad Provincial Ruling, 199 Extension Units, 17 . Effect on NLRC’s Decision, 199 ‘Act 2 (215). Appointment nd Qualifications, (77 Certified True Copy of NLRC Decision, 199 ‘Art 225 [216}. Salaries, enetis ad Haohuoents, 173 Findings of Fact, Final, 199 “Amendments by R.A, No. 947, 178 Exceptions, 199 “The NLRC: Overview, 178 ‘Art 230 (224). Execution of Decisions, Orders or Awards, 200 Execution, 200 (Chapter — POWERS AND DUTIES .. . 181 Injunction Against NLRC from a Regular ‘Art.224 [217], Jurisdiction of Labor Arbiters and the Court, 201 Commission, 181 Thine Party Claim Under the NLRC Rules Compulsory Arbitstins, 182 2011, 201 ‘Art. 281 [225]. Contempt Powers of the Secretary of Labor, 202 Additional Cases, {8 Labor Asbiter's friction, 182 Conporate Dispute, Corporate Officer, 188itle II — BUREAU OF LABOR RELATIONS ‘Art 282 (226), Bureau of Labor Relations, 203, 7 ‘Appeal, 204 ‘Art. 288 [227]. Compromise Agreements, 204 ‘Compromise; Release and Quitclaim, 205 Art 234 Mandatory Coneiliation and Endorsement of Cases, 206 ‘Ast 285 [229]. Issuance of Subpoenas, 207 art Appointment of Bureau Personnel, 207, art Registry of Unions and File of Collective Agreements, 207 Art 288 (292). Prohibition on Certification Election, 207 Art. 239 (293), Privileged Comsnunication, 208 Title IV — LABOR ORGANIZATIONS Chapter I — REGISTRATION AND CANCELLATION, au ‘Art 240 [254], Requirements of Registration, 211 ‘Art 241 [254A]. Chartering and Creation of a Local Chapter, 212 Definitions, 212 D,O. No. 4003 as IRR of Book V, 213, 51.0.7 213, Organization Broadly Defined, 213 ‘Lahor Organization: Creation and Registration Methods, 213 Independent Union, 214 Ghapter, 214 Registration Requirements for an Independent Labor Union, 214 ‘Twenty percent of °C.B.U." 215 Union By-Laws, 215 Organized” Establishments, 219 ‘art 242 (2951. Action on Application, 215, ‘are 243 [296]. Denial of Registration; Appeal, 236 Application, Denial, and Appeal, 216 Art. 244 [297]. Adultional Requirements for Federations or National Unions, 216, Federation or National Union, 217 Chartered Local, 217 Revocation of Chaser 217 ‘Affiliation /Disaffiaion, 28 Right co Disafliate: Contractual Resticions, 218 Substcuionary Doctrine, 219 ‘Art. 245 [238], Cancellation of Registration; Appeal, 219 ‘rt 45 [288-A) Effect ofa Petion for Cancellation of Registration, 20 ‘Art. 247 [289]. Grounds for Cancellation of Union Registration, 20 xvi Cancellation, 221 Who May Seek Cancellation; Where, 221 Unexplained Deletions, 222, Art 248 (299.A). Voluntary Cancellation of Registration, 222 ‘Art. 249 [240}. Equity of the Incumbent, 222 (Chapter Il — RIGHTS AND CONDITIONS OF MEMBERSHIP. 225 ‘Art. 250 {241}. Rights and Conditions of Membership in a Labor Organization, 225, Rights of Members, 228, Complaint; Who may file, 28 Union Officers, 229 Fees, 230 Chapter HI — RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS vue. 282 Art. 251 (2421. Rights of Legitimate Labor Organizations, 232 ‘Authority of the Union, 233, Union Registration, Unclear, 253, Union Merger or Consolidation, 234 ‘Art. 252 [242A]. Reportorial Requirements, 234 Title V— COVERAGE Art. 253 [243], Coverage and Employees’ Right to Self Organization, 287 ‘Art. 264 [244]. Right of Employees in the Public Service, 287 Government Employees; "CNA, 238 Art 255 [245]. Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees, 239 ‘Ast 256 [24544]. Effect of Inclusion as Members of Employees Outside the Bargaining Unit, 239 ‘Supervisors and Managers, 299 Segregation, 240 Confidential Employees, 240 Security Guards, 281 Coop Members, 242 International Organization, 242 Religious Objectors, 242 ‘Art 257 [246]. Non-abridgment of Right to Self Organization, 249, ‘Tide VI — UNFAIR LABOR PRACTICES Chapter I— CONCEPT ‘An. 258 [247]. Concept of Unfair Labor Practice and Procedure for Prosecution Thereof, 245,(Chapter ff — UNFAIR LABOR PRACTICES OF EMPLOYERS .. ‘Art. 259 [248]. Unfair Labor Practices of Employers, 247 ‘Management Rights Regulated, 248 ULP, A Matter of Facts and Evidence, 248 Interference, Restrain, of Coercion, 249 Totaly of Conduct Doctrine, 249 Closure, “Successor Employer” Doctrine, 249, Piercing the Corporate Veil, 250 Runaway Shop, 250 “Yellow Dog” contract, 250, ‘Subcontracting, 350 ‘Companysdomination of Union, 251 Discrimination, 251 Valid Discrimination; Union Securey Clause, 252 Retaliation, 253 ‘Chapter III — UNFAIR LABOR PRACTICES OF LABOR ORGANIZATIONS Are. 260 {249}, Untair Labor Practices of Labor Organizations, 255 ‘ULP By Labor Organization, 256 Featherbedding, 255 "Sweetheart Contract”, 257 ‘Title Vil — COLLECTIVE BARGAINING AND ADMINISTRATION OF AGREEMENT. Art, 261 [250]. Procedure in Collective Bargaining, 259 ‘Art, 262 (251].. Duty to Bargain Collectively in the Absence ‘of Collective Bargaining Agreements, 260 ‘Art. 268 (252), Meaning of Duty to Bargain Collectively, 260 Art 264 (253). Dury wo Bargain Collectively When There Exists Collective Bargaining Agreement, 260 ‘Stages of Collective Bargaining Process, 261 Duty to Bargain, 262 Violations of Duty to Bargain, 268, Expeditious Bargaining, 263 CBA Imposed on Employer, 268 Bargaining in Good Faith, 263 Deadlock, 264 Boulwarism, 264 Disclosure of Information, 264 Contents of CBA, 265, Modification, 265 Ratification and Registration, 265, Centralized or Decentralized Bargaining, 266 Art, 265 (25544). Terms of a Collective Bargaining Agreement, 266 Efectivity Date, 266, xxvii Art, 266 [254]. Injunction Probibited, 268 ‘CBU" Notte Sune asthe Union, 260 Art. 268 [256]. Rey ae Voters, 277 Required Vote; Remat Failure of Election, 279 Certtication Election Ditferent from Union Blection, 279 Art. 270 [254]. When an Employer may File Petit Art. 271 [258-4]. Employer as Bystnider, 280) Ast. 272 [259]. Appeal from Certification Elevsion Orders, 280 Appeal, 280 279 Title VILA — GRIEVANCE MACHINERY AND. VOLUNTARY ARBITRATION Art. 278 [260]. Grievance Machinery and Voluncary Arbitration, 283. Contract as Lav, 288 Grievance, 284 Xbluntary Arbivation, 286 ‘Art. 274 [261], Jurisdiction of Voluntary Arbitrators or Panel ‘of Voluntary Avbitrators, 285 ‘Art. 275 [262). Jurisdiction Over Other Labor Disputes, 286 Avt 276 (262-4). Procedures, 287 Art. 277 (262.8). Costof Voluntary Arbitation ane Voluntary Arbitrators Fee, 287 vaxix‘Title VIII — STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES (Chapter I — STRIKES AND LOCKOUTS Ant. 278 [268]. Strikes, Pickesing, and Lockouts, 24 ‘A Valid Strike Needs Labur Dispute, 298, ‘Avoidance of Ste, 204 ‘The NCMB, 204 Basic Objective of a Stike, 295 Legality of Strike: The Six Factors Affecting Legality, 299 First Factor in Legality of Strike: Staaurory Prohibition, 296, Second Facsor in Legality of Suike Procedural Requirenients, 296 ‘Third Factor in Legality of Strike: Purpose; Economic and ULP Strike, 208 Fourth Factor in Legality of Strike: ‘Means and Methods, 299 Fifth Factor in Legality o Strike Injunction; "National Interest” Disputes, 249 “National Interest” Cases, 800 “Aetwal, Not Payroll, Readmission, 501 Eaception: Payroll Readmission, 902 Defiance or Abandosent, 302 ‘What are “National Interest? The fist under D.O. 40H of 2013, 303 ‘Action after Issiance of Order, 304 Decision within 30 Days, 304 Sixth Factor in Legality of Strike ‘Agreement of the Parties, 304 Art. 279 [264]. Prohibited Activities, 304 Picketing, 305 Gonsequences of Concerted Actions Employment Status, 900, ‘Who dismisses the illegal strikers? 307 Employer's Right to Hire Replacements ‘during Strike, 307 * packwages, 808 No Firearms, No Violence, No THireat, 308 Nomatriking Union Members, 309 Art, 280 {265). Improved Ofer Balloring, 309 ‘Art 281 (266). Requirement for Arrest and Detention, 310 ‘Chapter II — ASSISTANCE TO LABOR ORGANIZATIONS ‘Art. 282 (267). Assistance by the Department of Labor, 818, 313 Au, 289 [268]. Asigance by the brstiute of Labor fine Ninpower Studies $18 (Chapter II — FOREIGN ACTIVITIES . au Ant 281 [200]. Prohibition Against Aliens; Exceptions, 314 | Rewalarion of Foreign Asitanice, cb 1. Applica Far Tents sl Real Warkers, 315, (Chapter IV — PENALTIES FOR VIOLATION .. soe 316 AONTONTEL, Penalties, 1G ‘ule IX — SPECIAL PROVISIONS Art 284197. Siro Lar Management R An 289 [271]. Visi Powe 317 Uler .0, No. 0S (Match 15, 2008), 818 Aus 290, Tpansion, Trpnite Canfetences ad Tipate Fads Peace Counuis $18 An. 20 (27 Garena Empoees Xo 202277). Mielec eos 3 ations, 317 BOOK SIX — POST EMPLOYMENT le I TERMINATION OF EMPLOYMENT Ar 2 Are | Conenige, 828 TA]. Security wt Tena, 324 Seeusity of Tenure, 223, Art 295 [280]. Regular and Casual Empkowen Regul Ea Project Employ Seasonal Emplovaie Casual Eonployanent, 328 Fived Period Employment, $29, Seafarers, 380 AC 2965 [281], Probationary Employment, 830 Purpose and Reason, 3301 Stndaels, 331 Tenure, 381 Reet, 82 Dunigion, 332 ‘The Last Day of Probation, 382 Private School Tenchers, 388 Art, 297 [282]. Termination by Employer, 838 Dae Process, 341 “Two ronps of Cases, 54 2