SUBJECT CODE : Management 8

SUBJECT DESCRIPTION : Labor law and legislation

MODULE 9 : Working Conditions for Special Groups of Employees

The students should answer the following questions.

1. What are the rules governing women as to

a. Nightwork
b. Welfare facilities
c. Payment of wages
d. Promotion, training opportunities, study and scholarship grants
e. Marriage
f. Pregnancy

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:

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. 138. Classification of certain women workers. Any woman who is permitted or suffered to
work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or
similar establishments under the effective control or supervision of the employer for a
substantial period of time as determined by the Secretary of Labor and Employment, shall be
considered as an employee of such establishment for purposes of labor and social legislation.

2. When can you employ young workers?

Art. 139. Minimum employable age.

a. No child below fifteen (15) years of age shall be employed, except when he works
directly under the sole responsibility of his parents or guardian, and his employment
does not in any way interfere with his schooling.
 
b. Any person between fifteen (15) and eighteen (18) years of age may be employed for
such number of hours and such periods of the day as determined by the Secretary of
Labor and Employment in appropriate regulations.
 
c. The foregoing provisions shall in no case allow the employment of a person below
eighteen (18) years of age in an undertaking which is hazardous or deleterious in
nature as determined by the Secretary of Labor and Employment.
Art. 140. Prohibition against child discrimination. No employer shall discriminate against any
person in respect to terms and conditions of employment on account of his age.

3. What are the conditions required in employing young workers below 15 years old?
Republic Act No. 9231
"Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed
except:
"1) When a child works directly under the sole responsibility of his/her parents or legal guardian
and where only members of his/her family are employed: Provided, however, That his/her
employment neither endangers his/her life, safety, health, and morals, nor impairs his/her
normal development: Provided, further, That the parent or legal guardian shall provide the said
child with the prescribed primary and/or secondary education; or
"2) Where a child's employment or participation in public entertainment or information through
cinema, theater, radio, television or other forms of media is essential: Provided, That the
employment contract is concluded by the child's parents or legal guardian, with the express
agreement of the child concerned, if possible, and the approval of the Department of Labor and
Employment: Provided, further, That the following requirements in all instances are strictly
complied with:
"(a) The employer shall ensure the protection, health, safety, morals and normal development
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 skills 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 requirements.
"For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years
of age."

“SEC. 12-A. Hours of Work of a Working Child. – Under the exceptions provided in Section 12 of
this Act, as amended:

“(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty
(20) hours a week: Provided, That the work shall not be more than four (4) hours at any given
day;

“(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for
more than eight (8) hours a day, and in no case beyond forty (40) hours a week;

“(3) No child below fifteen (15) years of age shall be allowed to work between eight o’clock in
the evening and six o’clock in the morning of the following day and no child fifteen (15) years of
age but below eighteen (18) shall be allowed to work between ten o’clock in the evening and six
o’clock in the morning of the following day.”
4. Can a young worker receive remuneration less than that of those received by adult?
A child should receive not less that minimum wage pay. Minimum wage order shall apply alike
to all employees regardless of age or sex.
(Minimum wages have been defined as “the minimum amount of remuneration that an
employer is required to pay wage earners for the work performed during a given period, which
cannot be reduced by collective agreement or an individual contract”. The purpose of minimum
wages is to protect workers against unduly low pay.)

5. What are the rules governing the employment of: (with reference to Kasambahay law)
a. Househelpers

“Domestic or household service” shall mean service in the employer’s home which is usually
necessary or desirable for the maintenance and enjoyment thereof and includes ministering
to the personal comfort and convenience of the members of the employer’s household,
including services of family drivers.

An Act Amending Book III, Articles 141-152 of the Labor Code, Otherwise Known as the
“Magna Carta for the Kasambahay 2005”

Section 1. Short Title. — This Act shall be known as the “Magna Carta for the Kasambahay
2005”.

Section 2. Declaration of Policies. — The State affirms labor as a primary social force and has
committed to protect the rights of workers and promote their welfare. It is party to
international instruments pledging the elimination of forced labor, elimination of
discrimination in employment and occupation, and the abolition of child labor and
trafficking in persons.

The State has adopted the Decent Work Framework outlining good conditions of work for
Filipino workers, which includes establishing labor standards, decent employment and
income, enhanced coverage of social protection and strengthened social dialogue, including
kasambahays.

It seeks to uphold the rights and dignity of kasambahays to protect them from abuse and
exploitation by providing safe and humane working conditions. Despite the vital and
necessary work performed by kasambahays for most Filipino households and the important
role they play in society, they are considered as one of the most vulnerable sectors in
society due to the nature of their work. Of equal concern however, are employers of
kasambahays who have equal rights to protection from abuse and

exploitation of kasambahays.
The State further recognizes that kasambahays of minority age have special inalienable
rights and privileges that should be espoused and protected, particularly in the areas of
education and self-improvement.

The State recognizes the importance of partnering with various groups and individuals in the
promotion and protection of the rights and welfare of kasambahays and enabling to be
empowered members of society.

Section 3. Definition of Terms. – For purposes of this Act, the following terms shall mean:

a.) "Kasambahay" – Kasambahay shall refer to any person employed in the employer's
residence, performing tasks ascribed as household work for which he or she is being paid
wages by the employer for services rendered.

b.) "Batang-kasambahay" – Children below eighteen years of age employed as kasambahay.

c.) “Employer” – shall refer to any person who engages the services of the kasambahay for
household work and/or is party to the employment contract.

d.) “Household” – an aggregate of persons generally but not necessarily bound by ties of
kinship, who sleep in the same dwelling unit and have common arrangements for the
preparation and consumption of food.

e.) “Household work” – refers to tasks performed by the kasambahay as specified in the
employment contract.

f.) "Hazardous work" – refers to any activity or circumstance where the kasambahay is
exposed to risk which constitutes an imminent danger to his or her safety, health or morals.

g.) “Wages” – adopt official definition of wages, to be provided by NWPC.

h.) “Board and lodging” – shall refer to food and shelter which shall be afforded to the
kasambahay free of charge and nondeductible to his or her wage.

ARTICLE 2 - RIGHTS OF THE KASAMBAHAY

The kasambahay has the right to decent work which includes decent employment and
income, humane conditions of work, access to and coverage in social protection schemes,
and the opportunity for social dialogue and representation.

Section 4. Right to Just and Humane Conditions of Work. The kasambahay has the right to a
safe and healthy work environment, continuous (sufficient) rest periods, time for recreation
and leisure.

Section 5. Right to Just and Humane Treatment. The Kasambahay is entitled to be treated
free from any physical or psychological violence, or any other act which debases, degrades
or demeans the intrinsic worth and dignity of the kasambahay as a human being be used
upon the latter.

Section 6. Right against Involuntary Servitude, Debt Bondage and Trafficking. The
kasambahay shall have the right to refuse or deny his or her services to work or tasks not
stipulated in the employment contract. In case the kasambahay agrees to work in industrial
undertakings and perform work or task for the service or benefit of another household, he
or she shall be entitled to applicable minimum wage or just compensation respectively.

Section 7. Right to Social Protection. The kasambahay shall be covered by the Social Security
System (SSS) and be entitled to all the benefits provided under Republic Act No. 8282, as
amended. The employers of said kasambahay shall pay for the employer's 3 share of the SSS
contributions without deducting the same from the monthly compensation of the
kasambahay. The kasambahay shall also pay for the employee’s share of the SSS
contributions. All house helpers shall be covered by the Philippine Health Insurance
Corporation (Philhealth) in accordance with its guidelines and be entitled to all the benefits
provided by law.

Section 8. Right to Privacy. The kasambahay shall have the right to privacy during his/her
rest periods. The kasambahay's right to privacy shall extend to any and all forms of personal
communications.

Section 9. Right to Minimum Wage. The kasambahay shall be entitled to the following
minimum wage rates:

(a) TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00) a month for KASAMBAHAY
WORKING in the National Capital Region (NCR);

(b) ONE THOUSAND SEVEN HUNDRED PESOS (Php1,700.00) a month for those WORKING in
other chartered cities and first class municipalities; and,

(c) ONE THOUSAND FIVE HUNDRED PESOS (Php 1,500.00) a month for those WORKING in
other municipalities."

Within one (1) year after the passage of this law, the Regional Tripartite Wages and
Productivity Boards (RTWPBs) shall determine and adjust, from time to time, the
appropriate minimum wage rates of kasambahays in accordance with the special wage fixing
mechanism.

Section 10. Right to free board, lodging and medical attendance. The kasambahay has the
right to suitable and sanitary living quarters as well as adequate food and medical
attendance free of charge.

Section 11. Right to access educational opportunities. The kasambahay has the right to
access opportunities for education and training to upgrade their skills and improve the
services they provide to their employers.
 Section 12. Right to self-organization. The kasambahay shall have the right to form or join
association or societies for purposes not contrary to law.

Section 13. Right to redress grievance. The kasambahay shall have the right to redress
grievance and to the expeditious settlement of disputes. All other rights not specified herein
but guaranteed by the Constitution are affirmed and shall be equally afforded to the
kasambahay.

b. Homeworkers

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.

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.