Labor Standards Easy Legal Basis

GR: The provisions of Title I, Book 3, shall apply to ALL employees in ALL establishments and
undertakings whether for profit or not.

Exceptions: (GF -MOM-WPD)

1. Government employees

2. Field personnel

3. Managerial employees

4. Officers and members of the managerial staff

5. Members of the family of the employer who are dependent on him for support

6. Workers paid by results (Secs. 1 and 2, Rule I, Book III, Rules Implementing the Labor Code.)

7. Persons in the personal service of another; and

8. Domestic helpers

GR Exceptions
GR: The provisions of Title I, Book 3, shall apply to Exceptions: (GF -MOM-WPD)
ALL employees in ALL establishments and 1. Government employees;
undertakings whether for profit or not.  xpn to xpn: those created without
Inclusions: special charter, created under the
1. Hours of work Corp Code – still covered under LC.
2. Weekly rest periods 2. Field personnel
3. Holiday a) Who regularly perform their duties
4. SIL (5days) away from the principal or place
of business or branch office of the
employer; and
b) Whose actual hours of work in the
field cannot be determine with
reasonable certainty by the employer.
3. Managerial employees
- one whose primary duty is to manage
the establishment of which they are
employed; customarily direct the work of
one or two; and have authority or
suggest to hire, fire, promote employee
of lower rank.
4. Officers and members of the managerial staff
5. Members of the family of the employer who
are dependent on him for support.
6. Workers paid by results -piece workers (IRR)
- These include those who are paid on
piece work, “takay,” “pakiao” or task
 basis, and other nontime work
- Workers under piece-rate employment
have no fixed salaries and their
compensation is computed on the basis
of accomplished tasks.

7. Persons in the personal service of another;

(PA?) and
a) Perform such services in the
employer’s home which are usually
necessary or desirable for the
maintenance and enjoyment thereof;
or
b) Minister to the personal comfort,
convenience or safety of the
employer as well as the members of
his employer’s household
8. Domestic helpers
- such as but not limited to the
following:
a) general househelp,
b) nursemaid or “yaya”,
c) cook,
d) gardener, or
e) laundry person
- "Domestic work" refers to work
performed in or for a household
-Exclusivity of Function required:
employed in the employer’s home to
minister exclusively to the personal comfort
and enjoyment of the employer’s family
[Azucena].

Additional Rules on the following benefits

EXCEPTIONS:
NIGHT SHIFT DIFFERENTIAL 1. Same as above +
2. Those of retail and service establishments
GR: (ALL) Every employee shall be paid a night shift regularly employing not more than five (5)
differential of not less than ten percent (10%) of his workers;
regular wage for each hour of work performed
between 10:00 PM and 6:00 AM. (LC, Art. 86)
OVERTIME WORK, OVERTIME PAY

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, is
overtime work.

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. XPN: greater
benefits or compressed work week