Kinds of workers

1. Probationary
2. Special Workers
i. Apprenticeship – Apprenticeship agreement is not an employment contract under
TESDA Law RA7796, under this, apprentice can only be hired through endorsement
of a tripartite body and approved by TESDA
Art. 59-60 Requirements for a valid apprenticeship
(Employment should not exceed 6 months)

Employer may not pay wage if the apprenticeship is:

 A requirement for graduation

 Required by school or training program curriculum
ii. Learnership – Commitment to employ learner, if the employer so desires , as a
regular employee upon completion of training.

A learner who has worked during the first two months shall be deemed a regular
employee if training is terminated by the employer before the end of the stipulated
period through no fault of the learner.
iii. Handicapped – those whose earning capacity is impaired by:
 Age
 Physical deficiency
 Mental deficiency
 Injury, disease or illness

Art. 78 LC and RA7277 Magna Carta for disabled person

3. Women (page 51, Azucena)

Art 135 LC– Unlawful for any employer to discriminate against any woman employee with
respect to terms and conditions of employment solely on account of her sex.
Art 136 LC- Stipulation Against Marriage (page52, Azucena)
RA 7877 Anti-Sexual Harassment Act

4. Minor (page 53, Azucena)

Art 137 LC RA 9231 in 2003
*A child below 15 years of age is not employable except:
a. Under direct responsibility of parents or guardian
b. Employment does not endanger health, safety and morals
c. Employment does not interfere with the child’s schooling
d. Child’s participation in public information or entertainment is essential

Fourth Condition requires:

d.i. A contract signed by the parent or guardian with the child’s consent

d.ii. permit issued by DOLE

d.iii. the employer takes measure to prevent child’s exploitation

* A child below 15 y.o shall not work more than 4hours a day or more than 20hours a week,
nor between 8pm to 6am.
 * A child between 15 y.o – 18 y.o shall not work more than 8hours a day nor more than
40hours a week nor between 10pm – 6am

* No child below 18 y.o can be employed in hazardous or deleterious work nor in any other
“worst form” of child labor which includes:

a. Any form of slavery or trafficking of children

b. Prostitution or pornography
c. Any illegal activity such as trafficking of dangerous drugs
d. Exposing the child to physical, emotional or sexual abuse

* No child below 18 y.o can be employed as model to advertise intoxicating drinks, tobacco,
gambling or any other form of violence or pornography.

5. House Helpers (page54,Azucena) RA 10361 (approved March 18, 2013, modified the provisions of
LC)

- it means any person ,whether male or female, who renders services in and about the employer’s
home and which services are usually necessary or desirable for the maintenance and enjoyment
thereof, and ministers exclusively to the personal comfort and enjoyment of the employer’s family.

It covers:

 Family drivers
 Domestic servants
 Laundry women
 Yayas
 Gardeners
 Houseboys
 And other similar house helps

CRITERION: the personal comfort and enjoyment of family of the employer in the home of
said employer

Benefits of accorded to Househelpers

Art. 143-153 (page 55, Azucena)

Termination of Househelpers
Art. 150 (page 55, Azucena)

6. Home workers

- applies to any person who performs industrial homework for an employer, contractor or sub-
contractor.

7. Foreigners

AEP or Alien Employment Permit