Goodmorning

SocStud 2
LABOR CODE OF THE
PHILIPPINES ( P.D.
NO.442 as amended)

Presented by: Group 3

-Labor Code of the
Philippines is the legal code
governing the
unemployment practices and
labor relations in the
Philippines.
The Labor Code of the Philippines aims;

• Protect the rights of workers

• Promote fair labor practices
• Ensure equal opportunities
in the workplace.
Rationale

The rationale behind the Labor Code of the

Philippines is to create a comprehensive legal
framework that balances the interests of
employers and employees, promotes equitable
labor practices, and fosters a stable and
productive workforce.
• Protect Workers' Rights
• Promote Employment
Social Justice
The principle of social justice is a cornerstone of
the Labor Code of the Philippines. The Code
seeks to address the socio-economic
inequalities that affect workers by ensuring
equitable distribution of wealth and
opportunities.
• Minimum Wage Laws
• Working Conditions
A DECREE INSTITUTING A LABOR CODE THEREBY
REVISING AND CONSOLIDATING LABOR AND SOCIAL
LAWS TO AFFORD PROTECTION TO LABOR,
PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE
BASED ON SOCIAL JUSTICE.
 Chapter 1
GENERAL PROVISIONS
Article 1. Name of Decree.
This Decree shall be known as the "Labor Code of the
Philippines".
Article 2. Date of effectivity.
This Code shall take effect six (6) months after its promulgation.
Article 3. Declaration of basic policy.
The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex,
race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to self-
organization, collective bargaining, security of tenure, and just
and humane conditions of work.
Article 4. Construction in favor of labor.
All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules
and regulations, shall be resolved in favor of labor.
Article 5. Rules and regulations.
The Department of Labor and other government
agencies charged with the administration and
enforcement of this Code or any of its parts shall
promulgate the necessary implementing rules and
regulations. Such rules and regulations shall become
effective fifteen (15) days after announcement of their
adoption in newspapers of general circulation.
Article 6. Applicability.
All rights and benefits granted to workers under this
Code shall, except as may otherwise be provided
herein, apply alike to all workers, whether
agricultural or non-agricultural. (As amended by
Presidential Decree No. 570-A, November 1, 1974)
PRE-
UNEMPLOYMEN
T
— Include a credit, citation, or supporting message
The policy aims for full employment
through effective training and
allocation of manpower, while
safeguarding Filipino workers' rights
locally and overseas.
Recruit and
Placement of
Workers
Chapter I
General Provision
“Recruitment and Placement”
— refers to any act of
canvassing, enlisting,
contracting, transporting,
utilizing, hiring or procuring
workers
.
• Article 15: Tasks the Bureau of Employment Services
with formulating employment plans, regulating private
recruitment, and managing labor market information.
• Article 16: Restricts private entities from engaging in
recruitment and placement without specific
authorization.
 Article 17: Creates the Overseas Employment
Development Board to oversee and promote
overseas employment and protect workers'
rights.
 Article 18: Bans direct hiring of Filipino workers
for overseas jobs, except under certain
authorized circumstances.
 Article 21: Assigns duties to labor attaches and
diplomatic officials to assist Filipino workers abroad and
ensure fair employment conditions.
 Article 22: Mandates Filipino workers abroad to remit
earnings to their families in the Philippines, under set
guidelines.
 Article 24: Grants authority to the Boards to issue rules,
collect fees, and manage their respective operations.
 Chapter II
Regulation of Recruitment
and Placement Activities
Article 25: Private Sector Participation in Recruitment*
The private sector is encouraged to help recruit and place
workers locally and overseas, following guidelines set by
the Secretary of Labor to support national development.
Article 26: Travel Agencies Prohibited from
Recruitment* Travel agencies and airline sales agencies
cannot recruit workers for overseas employment to avoid
conflicts of interest.
Article 27: Citizenship Requirement* Recruitment
agencies must be at least 75% Filipino-owned to ensure
the industry remains under Filipino control and promotes
national interests.
EMPLOYMENT OF NON-
RESIDENT ALIENS
Article 40: Employment Permit for Non-Resident
Aliens - Non-resident aliens and employers must obtain
an employment permit from the Department of Labor for
employment in the Philippines, ensuring no qualified
local is available.
Article 41: Prohibition against Transfer of
Employment - Once granted, non-resident aliens cannot
change jobs or employers without approval from the
Secretary of Labor, with penalties including deportation
for violations.
WORKING
CONDITIONS AND
REST PERIODS
 Chapter I
Hours of Work
Article. 82. Coverage. The provisions of this Chapter shall apply to
employees in all establishments and undertakings, whether for
profit or not, but not to:
1. government employees
2. managerial employees,
3. ( Non agricultural) field personnel,
4. members of the family of the employer who are dependent on
him for support.
5. domestic helpers
6. persons in the personal service of another
7. workers who are paid by results when their output rates have
been fixed by the Secretary of Labor in appropriate regulation.
Article. 83. Normal Hours of Work.
— The normal hours of work of any
employee shall not exceed eight (8} in a
day.

Article. 84. Hours Worked.

— Hours worked shall include:
a. All time during which an employee is
required to be on duty or to be at a
prescribed workplace; and
b. All time during which an employee is
suffered or permitted to work.
Article. 85. Meal Periods.
— Subject to such regulations as the
Secretary of Labor may prescribe, it shall be
the duty of every employer to give his
employees not less than sixty (60) minutes
time-off for their regular meals.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Article. 86. Overtime Work.

— Work may be performed beyond eight
( hours a day provided that the employee is
paid for the overtime work an additional
compensation equivalent to his regular
wage plus at least twenty-five percent
(25%) thereof;
 MINIMUM
WAGE RATE
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

ART. 97. Statutory Minimum Wages.

— The minimum wage rates for agricultural and
nonagricultural employees shall be those
prescribed by law in force on the date this Code
takes effects
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Chapter IV Prohibitions Regarding Wages

ART. 110. Noninterference in Disposal of
Wages. — No employer shall limit or
otherwise interfere with the freedom of any
employee to dispose of his wages.
ART. 111. Wage Deduction. No employer, in
his own behalf or in behalf of any person,
shall make any deduction from the wages of
his employees except:
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

a.In cases where the worker is insured with his

consent by the employer, and the deduction is to
recompense the employer for the amount paid by
him as premium on the insurance;
b.In cases where the right of the worker or his union
to check off has been recognized by the employer or
authorized in writing by the individual worker
concerned; and
c.In cases where the employer is authorized by law
or regulations issued by the Secretary of Labor.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

ART. 112. Deposits for Loss or Damage. — No

employer shall require his worker to make deposits
from which deductions shall be made for the
reimbursement of loss of or damage to tools,
materials, or equipment supplied by the employer,
except when the employer is engaged in such
trades, occupations or businesses where the
practice of making deductions or requiring deposits
is a recognized one, or is necessary or desirable as
determined by the Secretary of Labor m appropriate
rules and regulations.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Employment of f workers

ART. 139. Coverage. - This Chapter shall apply to all

persons rendering services in the households for a
compensation, except those who do not live therein but
return to their own houses after their work. "Domestic or
household service" shall mean such service in the
employer's home which is usually necessary or desirable
for the maintenance and enjoyment thereof and include
ministering to the personal comfort and convenience of the
members of the employer's household, including services
of family drivers.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Chapter IV Employment of Homeworkers

ART. 151. Regulation of Industrial Homework. — The employment

of industrial homeworkers and field personnel shall be regulated
by the Government through appropriate regulations issued by the
Secretary of Labor to ensure the general welfare and protection of
homeworkers and field personnel and the industries employing
them. ART. 152. Regulations of Secretary of Labor. — The
regulations or orders to be issued pursuant to this Chapter shall
be designed to assure the average employee of an undertaking
the minimum terms and conditions of employment applicable to
the industrial homeworkers or field personnel involved.
Labor Relations in the
Philippines
• A. Unionization and Collective Bargaining:

- In the Philippines, unionization and collective

bargaining are fundamental rights of workers.
Labor unions play a crucial role in
representing workers' interests, negotiating
better working conditions, wages, and
benefits.
Article 250.
-Procedure in collective bargaining
Article 251
-Duty to bargain collectively in the absence of
collective bargaining .
Article 252.
-meaning of duty to bargain collectively.
B. Role of Government Agencies (e.g., DOLE):

• - The Department of Labor and Employment (DOLE)

in the Philippines is the primary agency responsible for
enforcing labor laws, ensuring compliance with
regulations, and promoting decent work. DOLE plays a
key role in mediating labor disputes and upholding
labor standards.
•Article 267.
-assistance by the department of Labor.
Article 268.
-assistance by the institute of Labor and
Manpower studies
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

C. Workplace Dispute Resolution Mechanisms

- Workplace dispute resolution mechanisms in the

Philippines include both formal (DOLE mediation,
conciliation, and labor arbitration) and informal
methods (negotiation between parties). These
mechanisms aim to resolve conflicts between
employers and employees efficiently and fairly.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Employee Rights and

Protections
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

A. Minimum Wage and Benefits:

- The Philippines sets a minimum wage to

ensure workers receive fair compensation.
Alongside wages, benefits such as paid leave,
healthcare, and social security contribute to
employees' well-being and financial security.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

B. Occupational Health and Safety Standards:

- The government mandates strict occupational
health and safety standards to protect workers
from workplace hazards. Employers are
required to provide a safe working environment,
training on safety protocols, and access to
necessary protective equipment.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

C. Anti-Discrimination Policies:
- Anti-discrimination policies in the Philippines
aim to prevent discrimination based on gender,
age, religion, disability, or other factors.
Upholding these policies ensures equal
opportunities and fair treatment for all
employees.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

Recent Developments
and Challenges
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

A. Emerging Trends in Philippine Labor Relations:

- Recent trends in Philippine labor relations include addressing
contractualization, ensuring job security, and promoting fair
wages. Labor rights advocacy groups are pushing for reforms to
improve working conditions and protect workers' rights.

B. Impact of Technology on the Workforce:

- Technology has transformed the workforce in the Philippines,
leading to automation, remote work, and digital skills demand.
Balancing technological advancements with workforce needs
poses challenges such as upskilling workers and adapting labor
laws to the digital age.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

C. Addressing Labor Rights Issues and Advocacy:

- Advocacy efforts focus on addressing labor rights
issues like fair wages, job security, and safety
regulations. Collaborative efforts between the
government, businesses, and civil society are
essential to advocate for labor rights and ensure
compliance with labor laws.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

A. Enhancing Labor-Management Relations:

- Strengthening communication and collaboration between
labor and management is vital for resolving disputes,
promoting productivity, and fostering a harmonious work
environment.

B. Promoting Fair and Inclusive Workplaces:

- Creating inclusive workplaces that embrace diversity,
ensure equal opportunities, and prevent discrimination is
crucial for employee well-being and organizational
success.
 ART. 86. Overtime Work.— Work may be performed beyond eight ( hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof

C. Compliance with Labor Laws and

Regulations:
- Adherence to labor laws and regulations is
essential for protecting workers' rights,
maintaining ethical business practices, and
fostering a conducive work environment.
Regular audits and training programs can help
ensure compliance.