Can an apprentice be required to render

overtime work?

An apprentice not otherwise barred by law from working eight

(8) hours a day may be requested by his employer to work
overtime, provided that there are no available regular workers to
do the job. Overtime work thus rendered shall be credited as part
of training time.[Sec. 20, Rule IV, Book II, Rules implementing the
Labor Code]
Duration of Apprenticeship

Not exceeding six (6) months. [Art. 61, Labor Code]

 Grounds for Termination of Apprenticeship
by the Employer
(a) Habitual absenteeism in on-the-job training and related
theoretical instructions;
(b) Willful disobedience or insubordination to lawful order of a
superior;
(c) Incapacity to work due to poor physical condition or prolonged
illness;
(d) Theft or malicious destruction of company property and/or
equipment;
 (e) Poor efficiency or poor performance on the job or in the
classroom;
(f) Gross misconduct inside the employer’s premises. Sec. 25, Rule
IV. Book II, Rules implementing the Labor Code]
Grounds for Termination of Apprenticeship by the Apprentice
(a) Substandard or deleterious working conditions within the
employer’s premises;
(b) Repeated violation by the employer of the apprenticeship
agreement;
(c) Cruel and inhuman treatment by the employer or his
subordinates;
(d) Personal problems which impede satisfactory performance of
his job; and
(e) Bad health or continuing illness. [Sec. 25, Rule VI. Book II, Rules
Implementing the Labor Code]
 Chapter IV
SPECIAL WORKING CONDITIONS FOR
SPECIAL TYPES OF EMPLOYEES
 LEARNERS

Definition Of Learners
Learners are persons hired as :
• Trainees in semi-skilled or non-apprenticeable occupations,
• Which can be learned through practical training on-the-job,
• In short period of time not exceeding three (3) months.
(Art. 73, Labor Code)
Can any employers hire learners?
No. Only employers who have a Learnership Program duly
approved by the TESDA can hire learners. [Sec. 4(n), R.A. 7796]

Conditions for Establishment of a Learnership Program

a) There are no available experienced workers;
b) The job must be semi-skilled or non-apprenticeable and can be
learned within a period of not more than three (3) months;
c) The employment of learners is necessary to prevent curtailment
of employment opportunities; and
d) The learnership does not create unfair competition in terms of
labor cost or impair working standards .[Art. 74, Labor Code;
Secs. 1 (a) and 2, Rule VII, Book II, Rules Implementing the Labor
Code]
Minimum Compensation of Learners
75% of the applicable minimum wage.
Age Requirement for Learners
The minimum age requirement for learners is fifteen (15) years old.
Persons below eighteen (18) years old can be employed as learner only
in non-hazardous occupations. [Secs. 6, Rule VII, Book II, Rules
Implementing the Labor Code]
Non-hazardous occupations refer to jobs which do not expose the
learner to dangerous environmental elements (such as ionizing
radiation, chemicals, flammable, or noxious substances ) or to
dangerous work conditions ( such as construction work, logging ,
firefighting, mining, quarrying, stevedoring, dock work, deep sea
fishing, mechanized farming, manufacture of explosives and other
pyrotechnic products or jobs which exposes the worker to power driven
tools).
Duration of Learnership
Maximum of three (3) months.

Can the employer terminate the leadership within the three

(3)-month period?
If the learner has already rendered service for two (2)
months, the leadership cannot be terminated without just cause. If
the training is terminated without cause, the learner shall be
deemed regular employees. [Art. 75, Labor Code]
Is it necessary for the training of learners to be supplemented by
theoretical instructions?
Unlike apprentices, the practical training of a learner need not be
supplemented by theoretical instruction. [Sec. 1(a), Rule VII, Book II,
Rules and Regulations Implementing the Labor Code]

Safeguard Against Abuse of Learnership

To safeguard against abuse of learnership as a cheap source of
labor, the law requires employers of learners to employ them as regular
employees upon completion of the learnership. [Art. 75, Labor Code ]
Learners who have already rendered service for two (2) months will be
deemed regular employees if the employer terminates their training
without just cause before the end of the 3-month period. [Sec. 4, Rule
VII, Book II, Rules Implementing the Labor Code
 WORKERS WITH DISABILITY
(HANDICAPPED WORKERS)

Definition of Workers With Disability

Workers with disability are those earning capacity is impaired
by physical defect, or mental deficiency. [Art. 78, Labor Code]
Compensation of Workers With Disability
Workers with disability are entitled to the same compensation,
benefits and other terms and conditions of employment that an
able-bodied employee enjoys. Section 5 of the Magna Carta of Persons
With Disability expressly grants qualified persons with disability the right
to enjoy the same compensation, benefit and other terms and conditions
of employment that an able-bodied employee enjoys.
Thus:

“SECTION 5. Equal Opportunity for Employment – No disabled

person shall be denied access to opportunities for suitable employment. A
qualified disabled employees 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”
Can persons with disability be hired apprentices or learners?

Persons with disability may be hired as apprentices or

learners if their handicap will not effectively impede the
performance of job operations in the particular occupations for
which they are hired. [Art. 81, Labor Codes; Sec. 7, R.A. 7277
otherwise known as Magna Carta For Disabled Persons]
Incentive for Employers of Workers With Disability
Employers of workers with disability are entitled to an
additional deduction, from their gross income, equivalent to
twenty-five percent (25%) of the total amount paid as salaries and
wages to disabled persons under the following conditions:
(a) The employer must have a certification from the
department od Labor and Employment that persons with disability
are under his employ:
(b) The disabled employee is accredited with the
Department of Labor And Employment and the Department of
Health as to his disability, skills and qualifications. [Sec. 8, R.A.
7277]
 FEMALE WORKERS

No-Discrimination Policy
Article 133 of the Labor Code declares it unlawful for any
employer to discriminate against any female employee with
respect to the terms and conditions of employment solely on
account of her sex.
Other Prohibited Acts
Aside from Discrimination, employers are prohibited form
committing the following acts against female employees:
(a) To require that a woman employee shall not get married,
(b) To stipulate that upon getting married a woman employee shall
be deemed resigned or separated. [Art. 134, Labor Code]
(c) To dismiss a woman employee:
• by reason of her marriage; [Art. 134, Labor Code]
• on account of her pregnancy;
• while on leave due to her pregnancy; or
• for fear that she may again be pregnant. [Art. 135, Labor Code]
 CHILD WORKERS

Definition of Child Worker

Child workers are employees who under eighteen (18) years
of age. [Sec. 3, R.A. 7610 as amended by R.A. 7658 and R.A. 9231]
The Minimum Age for Employment
Fifteen (15) years old. [Sec. 2, R.A. 7610 as amended by R.A. 7658
and R.A. 9231]

Can children below 15 years old be employed?

Yes, Only in two instances, namely;
(a) When a child works directly under his parents or legal guardian
subject to the following conditions:
• Only members of his family are employed thereat;
• The employment does not endanger the child’s life, safety, health,
and morals, or his normal development;
• The parent or legal guardian provides the child with the prescribed
primary or secondary education; and
• A work permit is first obtained from the Department od Labor and
Employment.
 (b) When the employment of the child is essential in public
entertainment or information such as cinema, theater, radio, television or
other forms of media, subject to the following conditions:
• An employment contract, duly approved by the Department of
Labor and Employment, must be executed by the parents or legal
guardian of the child;
• The employer must ensure the protection, health, safety, morals
and normal development of the child;
• The employer must institute measures to prevent the child’s
exploitation or discrimination;
• The employer must formulate and implement continuing program
for training and skills acquisition of the child, subject to the
approval and supervision of competent authorities; and
• A work permit must be obtained from the Department of Labor
and Employment. [Sec. 12, Special Protection of children Against
Abuse, Exploitation and Discrimination Act, as amended]
When Work Permit is Not Needed

Work permit is not necessary for spot extras or those being

cast outright on the day of the filming or taping. A notice to the
Regional Office of the Department of Labor and Employment using
the prescribed form will suffice. [Sec. 13, Rules and Regulations
Implementing R.A. 9231]
Restriction on the Working Hours of Child Workers
Children below fifteen (15) years old cannot be made to work:
• from 8:00 PM to 6:00 AM
• for more than four (4) hours a day
• for more than twenty (20) hours week
Children above fifteen (15) tears old cannot be made to work:
• from 10:00 PM to 6:00 AM
• for more than eight (8) hours a day
• for more than forty (40) hours a week. [Sec. 15, Rules
Implementing R.A. 9231]
Restriction oh the Employment of Child Workers
Child workers cannot be employed:
(a) as model in any in any advertisement on alcoholic
beverages, intoxicating drinks, tobacco and its by-products,
gambling or any form of violence or pornography; [Sec. 5, Rules
and Regulations Implementing R.A. 9231]
(b) in the worst forms of child labor. [Sec. 5, Rules and
Regulations Implementing R.A. 9231]
Worst Forms of Child Labor
“Worst forms of child labor” refers to any of the following:
(a) All forms of slavery as defined in the “Anti-Trafficking in
Persons Act of 2003”
(b) Practices similar to slavery, such as:
• sale and trafficking of children,
• debt bondage and perform;
• forced compulsory labor;
• recruitment for use in armed conflict;
(c) Prostitution, production of pornography, or
pornographic performances;
 (d) Illegal or illicit activities , including the production and
trafficking of dangerous drugs and volatile substances prohibited
under existing laws;
(e) Work which is hazardous or likely to be harmful to the
health, safety or morals of children, such that it;
• Degrades the intrinsic worth and dignity of a child as a
human being;
• Exposes the child to physical, emotional or sexual abuse,
or is found to be highly stressful psychologically or may
prejudice morals;
• Is performed underground, underwater or at dangerous
heights;
• Involves the use of dangerous machinery, equipment,
and tools such as power- driven or explosive
power-actuated tools;
• Exposes the child to physical danger such as, but not
limited to the dangerous feats of balancing, physical
strength or contortion, or which requires the manual
transport of heavy loads;
• Is performed in an unhealthy environment exposing the
child to hazardous working conditions, elements,
substances, co-agents or processes involving ionizing
radiation, fire, flammable substances, noxious
components and the like, or to extreme temperatures,
noise levels, or vibrations;
• Is performed under particularly difficult conditions;
• Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other
parasites;
• Involves the manufacture or handling of explosives and
other pyrotechnic procedures. [Sec. 5, Rules and
Regulations Implementing R.A. 9231]
 DOMESTIC WORKERS
[Republic Act No. 10361]

Definition
Domestic worker is a person engaged to work for household
within an employment relationship. [Sec. 4(d), R.A 10361]
Example are: general househelp, nursemaid, cook, gardener,
or laundry person.
To be considered as a house helper , one should be hired
specifically to perform household work. In the absence of specific
engagement, one cannot be considered as a house helper.
 Person who perform domestic work occasionally and not on an
occupational basis, are not considered as domestic workers.
Children under foster family arrangement who are provided access
to education given an allowance incidental to education, i.e.
“baon,” transportation, school project and school activities, are
not considered as domestic workers. [Sec. 4 (d), R.A. 10361]
Minimum Age for Employment of Domestic Workers
Fifteen (15) years old. [Sec. 16, R.A. 10361
Working Conditions of Employment of Domestic Workers
Minimum Wage –

13th Month Pay –

• P2,500.00/month – in the National Capital Region (NCR)

Service Incentive Leave –

Free Board, Lodging –

Daily Board Period –

• five (5) days with pay. Not cumulative or convertible to cash;

Weekly Rest Period –

Medical Attendance –

SSS, PhilHealth and

Pag-IBIG Fund Coverage –
Rights and Privileges of Domestic Workers
Right to Humane Treatment – The employer or any member of
the household shall not subject a domestic worker to any kind of
abuse, physical violence, harassment or any act tending to degrade
the dignity of a domestic worker. [Sec. 5, R.A. 10361]
Right to Privacy – The employer shall respect the privacy of the
domestic worker at all times. The right privacy extends to all forms
of communication and personal effects. [Sec. 7, R.A. 10361]
 Access to Outside Communication – The employer shall grant the
domestic worker access to outside communication during free
time. However, in case emergency, access to communication shall
be granted even during work time. Should the domestic worker
make use of the employer’s telephone or the other communication
facilities , the cost shall be borne by the domestic worker, unless
such charges are waived by the employer. [Sec. 8, R.A. 10361]
Right to Education and Training – The employer shall afford the
domestic worker the opportunity to finish basic education and may
allow access to alternative learning systems and, as far as
practicable, higher education or technical and vocational training.
The employer shall adjust the work schedule of the domestic
worker to allow such access to education or training without
hampering the services required by the employer. [Sec. 9, R.A.
10361]
Obligation of Domestic Workers
Domestic workers are obliged to
• rendered satisfactory service at all times; [Sec. 7, R.A. 10361]
• observe the terms and conditions of the employment
contract; [Sec. 34, R.A. 10361]
• refrain from publicly disclosing any communication or
information pertaining to the employer or members of the
household during and after employment.
Information that may be divulged by the domestic worker on the
matter are privileged in character and therefor, 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. [Sec. 10, R.A. 10361]
Termination of domestic Worker’s Employment
The domestic worker or the employer can terminate the
employment relations in this wise:
(a) If there is a just cause – any time
(b)If there is no just cause – at the end of the stipulated period;
notice
(c) If no stipulated period – by giving five (5) days advance
notice.
Effect if Failure to Observe the Stipulated Period or five (5)-day
Notice

• On the part of the domestic worker

• On the part of the employer

forfeiture of unpaid salary

equivalent to 15 days
The Just Causes for Termination of Employment By the Domestic
Worker
(a) Verbal or emotional abuse by the employer or any member of
household;
(b)Inhumane treatment including physical abuse 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 the law;
(e)If he is suffering from a 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.
The Just Causes for Termination of Employment By the Employer
(a) Misconduct or willful disobedience to lawful order in connection
with the work;
(b)Gross or habitual neglect or inefficiency;
(c) Fraud or willful breach of the trust;
(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 se forth under the law;
(f) If the domestic worker is suffering frim a disease prejudicial to his
health, the health to the employer, or members of the household; and
(g) Other causes analogous to the foregoing
 HOME WORKERS

Definition of Homeworker
Homeworkers are employees who perform industrial work in
their respective homes for the benefit of persons who deliver to
them the goods to be processed or fabricated into a finished
product.
Industrial Homework
Industrial homework is a system of production under which work for
an employer or contractor is carried out by the worker at his home. It
differs from regular factory production because it is a decentralized
form of production where there is ordinarily very little supervision in
the methods of work
Limitations on Industrial Homework
Homework is not allowed in the manufacture or processing of:
• Explosives, fireworks and similar articles;
• Drugs and poisons; and
• Other articles, the processing of which requires exposure
to toxic substances. [Sec. 13, Rule XIV, book III, Rules and
Regulations Implementing the Labor Code]
Who is considered as the employee of homeworkers?
Under Article 153 of the Labor Code the “employer” of the
homeworkers includes any person who, for his account or on
behalf of any person residing outside the country:
• Delivers or causes to be delivered, any goods, articles or
materials to be processed or fabricated in a home and
thereafter to be returned or to be disposed of in
accordance with his directions; or
• Sells any goods, articles or materials to be processed or
fabricated in a home and then rebuys them after such
processing or fabrication.
 NIGHT WORKERS

Definition of Night Worker

“Night worker” refers to an employee whose job requires
performance of work at night for a period of not less than seven
(7) consecutive hours from 10:00 PM to 6:00 AM [Art. 154, Labor
Code, as amended; D.O. 119-12 series of 2012]
Not Considered As Night Worker
Night worker as contemplated in Articles 154 of the Labor
Code does not include those employed in:
• Agriculture,
• Stock raising,
• Fishing,
• Maritime transport, and
• Inland navigation, [Art. 154, Labor Code, as amended; D.O.
119-12 series of 2012
Special Rights of Night Workers
(a) Right to request for a health assessment without charge:
• Before taking up an assignment as a night worker;
• At regular intervals during such an assignment; and
• If they experience health problems caused by night work.
[Art. 155, Labor Code]
(b) Right to safe and healthful working conditions and
adequate facilities, specially:
• Suitable first-aid and emergency facilities; [Art. 156, Labor
Code]
• Lactation station in required companies pursuant to R.A.
10028, otherwise known as the Expanded Breastfeeding
Promotion Act of 2009;
• Separate toilet facilities for men and women;
• Facility for eating plus potable drinking water;
• Facilities for transportation and/or properly ventilated
temporary sleeping or resting quarters, separate for male and
female workers, except when:
▪ equivalent benefits is provided in CBA or company
practice;
 ▪ The night work does not fall within 12:00 MN and 5:00 AM;
▪ Public transportation is available for 24 hours. [Sec. 4, D.O.
119-12, series of 2012]
(c) Right to an alternative to night work:
• Before and after childbirth, for a period of at least sixteen (16)
weeks, which shall be divided between the time before and after
childbirth;
• For additional periods necessary for the health of the mother or
child as may be stated in a medical certificate:
▪ During pregnancy;
▪ during a specified time beyond the period, after childbirth,
the length of which shall be determined by the DOLE after
consulting the labor organizations and employers [ Art. 158,
Labor Code]
What should an employer do if a night worker is found unfit for night
work?
If a night worker is found to be unfit for night work health reasons, the
employer may do the following:
• Transfer the employee to similar job , if practicable;
• Terminate the employment with separation pay under Article
288 of the Labor Code:
▪ If transfer is not practicable, or
▪ If the unfitness for night work cannot be cured within a
period of six (6) months as certified by a competent public
health authority;
▪ If the unfitness for night work can be cured within a six
month period as certified by a competent public health
authority, the worker should be allowed to take a leave.
Upon restoration of his normal health he should be
reinstated to his former position immediately. [Art. 157,
Labor Code; Sec. 8, Rule I, Book VI, Rules and Regulations
Implementing the Labor Code]