Labor Laws in the Philippines

Atty. Rysan C. Guinocor

VSU
Gymnasium
September 14, 2028
1:00-3:00PM
❑Consists of statutes, regulations,
and jurisprudence governing the
relations between capital and
labor, by providing for certain
standards of terms and conditions
of employment or providing a
legal framework within which
these terms and conditions and
the employment relationship may
be negotiated, adjusted, and ART 1. NAME OF DECREE
administered.
☛ LABOR LEGISLATION
❑It is divided into labor standards
and labor relations.
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1.LABOR
STANDARDS

2.LABOR ART 1. NAME OF DECREE

RELATIONS LAW ☛ LABOR LEGISLATION

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SEVEN (7) BASIC RIGHTS OF WORKERS AS
GUARANTEED BY THE CONSTITUTION
(OCESHLP):
1. Right to Organize
2. Right to Conduct Collective Bargaining or
Negotiation with Management
3. Right to Engage in Peaceful Concerted
Activities including strike in accordance with
law
4. Right to Enjoy Security of Tenure ART. 2. DATE OF EFFECTIVITY
5. Right to Work Under Humane Conditions
6. Right to Receive a Living Wage ☛ The Labor Code took effect on
7. Right to Participate in Policy & Decision- November 1, 1974 (six months after
Making Processes affecting their rights and its promulgation on May 1, 1974)
benefits as may be provided by law
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ART. 2. DATE OF EFFECTIVITY
☛ The Labor Code took effect on November 1, 1974 (six months after its promulgation on May 1, 1974)

• RELATED LAWS: • OTHERS: ☛ RATIONALE : -

SSS Law, GSIS Law, The raison d’ etre
1. CIVIL CODE: see Agrarian Reform of labor laws is the
Arts. 1700, Law, the 13th
POLICE POWER of
1701and 1703 month pay law, the
Magna Carta for the State
2.REVISED PENAL Public Health
CODE: Art. 289 3. Workers, etc.

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ART 3. DECLARATION OF BASIC POLICY
The State shall afford protection to labor, promote full
employment, ensure equal work opportunities
regardless of sex, age or creed, and regulate the relations
between workers and employers. The State shall assure
the right of workers to self-organization, collective
bargaining, security of tenure, and just and humane
conditions of work.
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 ART 3. DECLARATION OF BASIC POLICY
☛ EMPLOYER
one who employs the services of others; one
for whom employees work and who pays their
wages or salaries.
☛ EMPLOYEE
one who works for an employer; a person
working for salary or wages
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ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE

- this is with a view to apply the Code to the greater

number of employees to enable them to avail of the benefits
under the law (Abella vs. NLRC). The working man’s welfare
should be the primordial consideration.

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ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE

- This rule is applicable if there is a doubt as to the meaning

of the legal or contractual provision. If the provision is clear and
unambiguous, it must be applied in accordance with its express
terms.

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ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE

- These laws should be interpreted with a view to the fact

that they are remedial in nature, they are enacted to better the lot
and promote the welfare of the members of the laboring class.

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ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE
- Courts adopt a liberal approach that favors the exercise of
labor rights. The mandate under Art. 4 is simply to resolve doubt, if
any, in favor of labor. If there is no doubt in implementing and
interpreting the law, labor will enjoy no built-in advantage and the
law will have to be applied as it is.

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ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE
☛ MANAGEMENT RIGHTS:
(CPST)
C Right to conduct business
P Right to prescribe rules
S Right to select employees
T Right to transfer or discharge
employees TREY 12
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 ART 4. CONSTRUCTION IN FAVOR OF LABOR
☛ CONSTRUCTION IN FAVOR OF LABOR CLAUSE
☛ MANAGEMENT PREROGATIVE
Except as limited by special laws, an employer is free to regulate, according to his own
discretion and judgment, all aspects of employment, including: HIRING, WORK
ASSIGNMENTS, WORKING METHODS, TIME PLACE AND MANNER OF WORK, TOOLS TO BE
USED, PROCESSES TO BE FOLLOWED, SUPERVISION OF WORKERS, WORKING REGULATIONS,
TRANSFER OF EMPLOYEES, WORK SUPERVISION, LAY-OFF OF WORKERS, AND DISCIPLINE,
DISMISSAL AND RECALL OF WORKERS. (HW5T2PLSD) Thus, so long as management
prerogatives are exercised in good faith for the advancement of the employer’s interest and
not for the purpose of defeating or circumventing the rights of employees under special law
or under valid agreements, it shall be upheld.
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ART 5. RULES AND REGULATIONS

- The rules and regulations issued

by the DOLE shall become effective
15 days after announcement of their
adoption in newspapers of general
circulation.

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 BOOK ONE
PRE-EMPLOYMENT

TITLE I
RECRUITMENT AND PLACEMENT OF WORKERS

CHAPTER I
GENERAL PROVISIONS
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 ART 13. DEFINITIONS
☛ WORKER
-any member of the labor force, whether employed or unemployed

☛ RECRUITMENT AND PLACEMENT

- any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or advertising for
employment, locally or abroad, whether for profit or not; PROVIDED, that any person or
entity which, in any manner, offers or promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and placement. (CEC-TUCP) (RCPA)
-The number of persons dealt with is not an essential ingredient of the act of
recruitment and placement of workers. The proviso merely creates the presumption.
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 ART 16. PRIVATE RECRUITMENT

☛ DOCUMENTATION OF WORKERS:
1. Contract Processing – workers hired thru the POEA
shall be issued the individual employment contract
and such other documents as may be necessary for
travel
2. Passport Documentation
3. Visa Arrangement
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ART 17. (POEA) - POEA has taken over the functions of the OEDB

☛ ADJUDICATORY FUNCTIONS OF THE POEA :

a. All cases which are administrative in character, involving
or arising out of violations of rules and regulations
relating to licensing and registration of recruitment and
employment agencies or entities; and
b. Disciplinary action cases and other special cases which
are administrative in character, involving employers,
principals, contracting partners and Filipino Migrant
Workers TREY
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ART 17. (POEA) - POEA has taken over the functions of the OEDB
☛ JURISDICTION TRANSFERRED TO THE LABOR ARBITERS OF THE NLRC :

a. claims arising out of an employer-employee relationship or by virtue of any law or

contract involving Filipino workers for overseas deployment including claims for actual,
moral, exemplary and other forms of damages.

☛ Venue – Money claims or claims for damages should be filed before the Regional
Arbitration branch of the NLRC where the complainant resides or where the principal
office of the respondent/employer is situated, at the option of the complainant.

☛ Compromise Agreement - Consistent with the policy encouraging amicable settlement

of labor disputes, Sec 10, RA 8042 allows resolution by compromise of cases filed with
the NLRC. TREY
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ART 17. (POEA) - POEA has taken over the functions of the OEDB
☛ PREMATURE TERMINATION OF CONTRACT
- Where the worker’s employment contract is terminated long before its agreed
termination date, and the termination is not shown to be based on lawful or valid grounds,
the employer will be ordered to pay the workers their salaries corresponding to the
unexpired portion of their employment contract. (Tierra Int’l Construction Corp. vs. NLRC).
HOWEVER, under R.A. 8042, if the illegal dismissal took place on or after July 15,
1995, the illegally dismissed overseas worker shall be entitled to the full reimbursement of
his placement fee with interest at the rate of 12% per annum plus salary for the unexpired
portion of his employment contract or for 3 mos. for every year of the unexpired term
whichever is LESS.

- Claims for death and burial benefits involving seamen OCWs which the POEA has
jurisdiction are not the same as the claims against the State Insurance Fund of theTREY
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ART 18. BAN ON DIRECT-HIRING
☛ Direct hiring of Filipino workers by a foreign employer is not allowed.

☛ EXCEPTIONS : the members of the diplomatic corps; international

organizations; such other employers as may be allowed by the
Department of Labor and employment

☛ RATIONALE OF THE PROHIBITION - Filipino workers hired directly by a

foreign employer, without government intervention may not be assured
of the best possible terms and conditions of work. The foreign employer
must also be protected and may chance upon a Filipino worker who do
not possess sufficient knowledge for which he is employed. TREY
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 ART 18. BAN ON DIRECT-HIRING
☛ MINIMUM EMPLOYMENT CONDITIONS OF OVERSEAS EMPLOYMENT:
1. Guaranteed wages for regular working hours and overtime pay for services rendered beyond
regular working hours in accordance with the standards established by the Administration
2. Free Transportation from point of hire to site of employment and return;
3. Free emergency medical and dental treatment and facilities;
4. Just causes for termination of the contract or of the services of the workers;
5. Workmen’s compensation benefits and war hazard protection;
6. Repatriation of worker’s remains and properties in case of death to the point of hire, or if this
is not possible the possible disposition thereof
7. Assistance on remittance of worker’s salaries, allowances or allotments to his beneficiaries;
and
8. Free and adequate board and lodging facilities or compensatory food allowance at prevailing
cost of living standards at the jobsite. TREY
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ART 22. MANDATORY REMITTANCE OF FOREIGN EXCHANGE EARNINGS

☛ MANDATORY REMITTANCE REQUIREMENTS:

1. Seamen or mariners: 80% of the basic salary;
2. Workers for Filipino Contractors and Construction Companies: 70%
of the basic salary;
3. Doctors, engineers, teachers, nurses, and other professionals whose
employment contract provide for lodging facilities: same as #2
4. All other professionals without board and lodging: 50% of the basic
salary;
5. Domestic and other service of workers; 50% of the basic salary.
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ART 25. PRIVATE SECTOR PARTICIPATION IN THE RECRUITMENT AND PLACEMENT OF WORKERS

☛ QUALIFICATIONS FOR PARTICIPATION IN THE OVERSEAS EMPLOYMENT

PROGRAM:
1. Filipino citizens, partnerships or corporations at least 75% of the authorized
and voting capital stock of which is owned and controlled by Filipino
citizens;
2. Minimum capitalization of 1M in case of single proprietorship or partnership
and a minimum of 1M paid-up capital for corporations;
3. Those not otherwise disqualified by law or these guidelines to engage in the
recruitment and placement of workers for overseas employment

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ART 25. PRIVATE SECTOR PARTICIPATION IN THE RECRUITMENT AND PLACEMENT OF WORKERS

☛ DISQUALIFICATIONS:
1. Travel agencies and sales agencies of airline companies;
2. Officers or members of the board of any corporation or members in a partnership engaged
in the business of a travel agency;
3. Corporations and partnerships, when any of its officers, members of the board or partners,
is also an officer, member of the board or partner of a corporation engaged in the business
of a travel agency.
4. Persons, partnerships, or corporations which have derogatory records;
5. Persons employed in the Department of Labor or in other government agencies directly
involved in overseas employment program and their relatives within the 4th degree of
consanguinity or affinity; or
6. Those whose license has been previously canceled or revoked.
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 CHAPTER II
REGULATIONS OF
RECRUITMENT AND
PLACEMENT ACTIVITIES

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ART 29. NON-TRANSFERABILITY OF LICENSE OR AUTHORITY

▪ No license or authority shall be used directly or indirectly by any person other than the
one in whose favor it was issued or at any place other than that stated in the license or
authority, nor may such license or authority be transferred, conveyed or assigned to any
other person or entity.
▪ Licensees or holders of authority or their duly authorized representatives may as a rule,
undertake recruitment and placement activities only at their authorized official
addresses.
▪ Change of ownership or relationship of single proprietorship licensed to engage in
overseas employment shall cause the automatic revocation of the license.
▪ All overseas landbased workers shall be provided both life and personal accident
insurance.
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 ART 29. NON-TRANSFERABILITY OF LICENSE OR AUTHORITY
☛ GROUNDS FOR DISCIPLINARY ACTION (Under the MWA of 1995) ;
1. Commission of a felony punishable by the laws of the Philippines or by the host country;
2. Drug addiction or possession or trafficking of prohibited drugs;
3. Desertion or abandonment;
4. Drunkenness, especially where the laws of the of the host country prohibit the same;
5. Gambling, especially where the laws of the host country prohibit the same;
6. Initiating or joining a strike or work stoppage where the laws of the host country prohibit strikes or similar actions;
7. Creating trouble at the worksite or in the vessel;
8. Embezzlement of company funds or of money an properties of a fellow worker entrusted for delivery to kins or relatives in the Philippines;
9. Theft or robbery;
10. Prostitution;
11. Vandalism or destroying company property;
12. Gunrunning or possession of deadly weapons;
13. Unjust refusal to depart for the worksite after all employment and travel documents have been duly approved by the appropriate government
agency; and
14. Violation of the laws and sacred practices of the host country and unjustified breach of government approved employment contract by a
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 ART31.BONDS-Cashbondfiledbyapplicantsforlicenseorauthorityisnotsubjectto
garnishmentbyjudgmentcreditorofagency

ART32.FEESTOBEPAIDBY WORKERS-Suspensionorcancellationoflicensesmayinclude
awardofdamagestorepair theinjury causedtoitsvictims.

ART34.PROHIBITEDPRACTICES-Asupplementarycontractbeneficialtoworkernot
violativeofprotectionaffordedbytheStatetoworkers.

ART35.SUSPENSION AND/ORMISCELLANEOUSPROVISIONS

ART38.ILLEGALRECRUITMENT(asperRA8042otherwiseknownastheMigrant
Workers’ Actof1995) TREY 29
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☛ PROHIBITED PRACTICES: (CFGIIEOFSBWF)
C to charge or accept amount beyond amount allowed by law
F to furnish or publish false notice or information in relation to Recruitment and Placement
G to give any false notice and information or commit any act of misrepresentation to secure license or authority
I Induce or attempt to induce workers to quit employment to offer him another except if the transfer is to liberate a
worker from oppressive terms and conditions of employment (NOTE: it is not necessary that worker was actually
induced or did quit employment)
I to influence or attempt to influence any person or entity not to employ any worker who has not applied for
employment in his agency
E to engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of
the Phil.
O Obstruct or attempt to obstruct inspection by Secretary
F Fail to file reports
S Substitute or alter employment contracts
B Become officer or Board member of corporation engaged in travel agency
W Withhold or deny travel documents before the departure for monetary or financial consideration other than those
authorized by the Code.
F Failure to actually deploy without valid reason as determined by the DOLE
F Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for
purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault
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☛ THE QUALIFYING CIRCUMSTANCES THAT WOULD MAKE ILLEGAL
RECRUITMENT AS A CRIME INVOLVING ECONOMIC SABOTAGE ARE :
When committed by a SYNDICATE i.e., if it is carried out by a group of
three (3) or more persons conspiring and confederating with one
another; or
(a) When committed in a LARGE SCALE i.e., if it is committed against
three (3) or more persons
☛ PRESCRIPTIVE PERIOD Illegal Recruitment cases under RA 8042
shall prescribe in five (5) years Provided, however, That illegal
recruitment cases involving economic sabotage shall prescribe in
twenty (20) years
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 TITLE II
EMPLOYMENT
OF
NON-RESIDENT ALIENS

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ART 40. EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS
- Foreigners or domestic and foreign employers desiring to
employ aliens must secure employment permit from the DOLE
upon determination of the non-availability of a person in the
Philippines who is competent, able and willing at the time of
the application to perform the services for which the alien is
desired.

- Foreigners may not be employed in certain nationalized

business.

- a non-resident alien worker and the employer shall bind

themselves to train at least 2 Filipino understudies.
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☛ PROHIBITION AGAINST EMPLOYMENT OF ALIENS

Section 2-A of the Anti-Dummy Law

prohibits the employment of aliens in establishment or
entities which have under their name or control a
right, franchise, privilege, property or business the
exercise or enjoyment of which property or business the
exercise or enjoyment of which is expressly reserved by
the Constitution or the laws to citizens of the
Philippines or to corporations or associations at least
60% of the capital of which is owned by such citizens.
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☛ EXCEPTIONS TO THE PROHIBITION:
a. where the Secretary of Justice specifically
authorizes the employment of technical
personnel; or

b. where the aliens are elected members of the

board of directors or governing body of
corporations or association in proportion to their
allowable participation in the capital of such
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☛ EXCEPTIONS TO THE PROHIBITION:
a. where the Secretary of Justice specifically
authorizes the employment of technical
personnel; or

b. where the aliens are elected members of the

board of directors or governing body of
corporations or association in proportion to their
allowable participation in the capital of such
entities TREY
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 HUMAN RESOURCES DEVELOPMENT

TITLE I
NATIONAL MANPOWER DEVELOPMENT PROGRAM

CHAPTER I
NATIONAL POLICIES AND ADMINISTRATIVE MACHINERY
FOR THEIR IMPLEMENTATION
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 ART 45. DEFINITIONS
☛ MANPOWER
- that portion of the nation’s population which
has actual or potential capability to contribute
directly to the production of goods and services.
☛ ENTREPRENEURSHIP
- training for self-employment or assisting
individual or small industries within the purview
of this the LC.
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Types of Special Workers:

1. Apprentice
2. Learners
3. Handicapped
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 ART 58. DEFINITION OF TERMS
☛ APPRENTICESHIP
- practical training on the job supplemented by related theoretical instruction
☛ APPRENTICE
- worker who is covered by a written apprenticeship agreement with an individual employer or
any of the entities recognized under this chapter
☛ APPRENTICEABLE OCCUPATION
- any trade, form of employment or occupation which requires more than 3 months of practical
training on the job supplemented by related theoretical instruction
☛ APPRENTICESHIP AGREEMENT
- an employment contract wherein the employer binds himself to train the apprentice and the
apprentice in turn accepts the terms of training
☛ ON-THE-JOB TRAINING
– the practical work experience through actual participation in productive activities given to or
acquired by an apprentice
☛ HIGHLY TECHNICAL INDUSTRIES
– trade, business, enterprise, industry or other activity, which is engaged in the application of
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 ART 59. QUALIFICATIONS OF APPRENTICES
☛ Qualifications of an Apprentice
1. at least 15 years of age; provided those who are at least 15
years of age but less than eighteen may be eligible for
apprenticeship only in non-hazardous occupations and the
apprenticeship agreement shall be signed in his behalf by
the parent or guardian or authorized representative of
DOLE.
2. vocational aptitude/ capacity for appropriate test 3. ability
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 ART 60. EMPLOYMENT OF APPRENTICES
❑Only employers in highly technical industries may hire apprentices
and only in apprenticeable occupations as determined by the Sec.
of Labor

☛ Requisites for a VALID APPRENTICESHIP

1. QUALIFICATIONS OF THE APPRENTICE
2. APPRENTICESHIP AGREEMENT DULY EXECUTED AND SIGNED PROVIDING FOR
COMPENSATION NOT LESS THAN 75% OF THE APPLICABLE MINIMUM WAGE,
EXCEPT ON-THE-JOB TRAINING (OJT)
3. APPRENTICESHIP PROGRAM DULY APPROVED BY DOLE
4. PERIOD OF APPRENTICESHIP SHALL NOT EXCEED 6 MONTHS. TREY
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ART 71. DEDUCTIBILITY OF TRAINING COSTS
☛ Requisites for tax deductions in case
employers have apprenticeship programs:
1. Program duly recognized by the Department
of Labor
2. Deduction shall not exceed 10% of direct labor
wage
3. Pay his apprentices the minimum wage TREY 43
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ART 72. APPRENTICES WITHOUT COMPENSATION
☛ Apprentices who may be hired without
compensation:
1. those whose training on the job is required
by the school;
2. Training Program Curriculum;
3. Requisite for Graduation; or
4. A requisite for Board Examination
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CHAPTER II
LEARNERS

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 ART 73. LEARNERS DEFINED
☛ LEARNERS
- persons hired as trainees in semi-skilled
and other industrial occupations which are
non-apprenticeable and which may be
learned thru practical training on the job in
a relatively short period of time which
shall not exceed 3 mos.
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 CHAPTER III
HANDICAPPED
WORKERS
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ART 78. DEFINITION
☛ HANDICAPPED WORKERS
- Are those whose earning
capacity is impaired by age or
physical or mental deficiency or
injury.
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ART 78. DEFINITION
☛ HANDICAPPED WORKERS
- Subject to the provisions of the Code, handicapped workers may
be hired as regular workers, apprentices or learners if their
handicap is not such as to effectively impede the performance of
job operations in the particular occupations for which they were
hired.
- qualified disabled employee 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. Even a handicapped worker can
acquire the status of a regular employee. TREY 49
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ART 78. DEFINITION
☛ Duration of employment
- no minimum, no maximum.
Dependent on agreement but is
necessary that there is a specific
duration

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 BOOK THREE
CONDITIONS OF EMPLOYMENT

TITLE I
WORKING CONDITIONS AND REST
PERIODS

CHAPTER I
HOURS OF WORK
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ART 82. COVERAGE
☛ ELEMENTS OF EMPLOYER EMPLOYEE RELATIONSHIP:
1. selection and engagement of the employee
2. the payment of wages
3. the power of dismissal
4. the employer’s power to control the employee (with respect to the means and
methods by which the work is to be accomplished)
- The last element as mentioned above is what is known as the CONTROL TEST
- whether the employer controls or has reserved the right to control the
employee not only as to the result of the work to be done but also as to the
means and methods by which the same is to be accomplished. This last
element is the most important index of the existence of the relationship.
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ART 82. COVERAGE
☛ EMPLOYEE
- A natural person who is hired, directly or indirectly, by a natural or juridical person to
perform activities related to the business of the “hirer” who, directly or through an
agent, supervises or controls the work performance and pays the salary or wage of the hire.

☛ Employees Exempt from the Benefits of E-E Relationship

1. Government Employees
2. Managerial Employees
3. Field Personnel
4. Family Members dependent on the employer for support
5. Domestic Helpers
6. Persons on the Personal Service of another
7. Workers Paid by Result
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ART 82. COVERAGE
☛ GOVERNMENT EMPLOYEES
- Refers only to employees of government agencies, instrumentalities or
political subdivisions and of government corporations that are not
incorporated under the Corporation Code, meaning those which
have original charters.

☛ MANAGERIAL EMPLOYEES
- Refer to those whose primary duty consists of the management of the
establishment in which they are employed or of a department or
subdivision thereof and to other members of the managerial staff

☛ Note: Definition applies only to the 8- hour Labor law TREY

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 ART 82. COVERAGE
DOMESTIC HELPERS/ PERSONS RENDERING PERSONAL SERVICES
- Perform services in the employers home which are usually necessary and
desirable for the maintenance or enjoyment thereof, or ministers to the personal
comfort, convenience or safety of the employer, as well as the members of the
employer’s household.

- The existence of employment relationship is determined by law and not by

contract.

- Whether or not an employer-employee relationship exists between the

parties is a question of fact. The findings of the NLRC are accorded not only
respect but finality if supported by substantial evidence. TREY 55
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ART 82. COVERAGE
☛ MANAGEMENT PREROGATIVE
- except as otherwise limited by special laws, an employer
is free to regulate, according to his own discretion and
judgment, all aspects of employment, including hiring, work
assignments, working methods, time, place, and manner of
work, tools to be used, processes to be followed, supervision of
workers, working regulations, transfer of employees, work
supervision, lay-off of workers and discipline, dismissal and
recall of workers.
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ART 82. COVERAGE
☛ MANAGEMENT PREROGATIVE
- Management prerogative recognizes the right of the employer to
advance its interest to prescribe standards of work and impose
reasonable quotas or work assignments, and failure on the part of the
employees to meet the requirement, impose in good faith, constitutes a
just cause for his dismissal.
- New owner/management group has no obligation to re-employ
workers who freely and voluntarily accepted their separation pay and
other benefits. A change of ownership in a business concern is not
proscribed by law.
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ART 83. NORMAL HOURS OF WORK - Shall not exceed 8 hours in a regular working day

☛ PURPOSE
- to safeguard the health and welfare of the laborer and
in a way to minimize unemployment by utilizing different
shifts
☛ REGULAR WORKING DAYS:
The regular working days of covered employees shall not
be more than five days in a workweek. The workweek
may begin at any hour and on any day, including
Saturday or Sunday, designated by the employer.
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ART 84. HOURS WORKED SHALL INCLUDE:

1.All time during which an employee

is required to be on duty or to be at
a prescribed workplace; and
2.All time during which an employee
is suffered or permitted to work
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ART 84. HOURS WORKED SHALL INCLUDE:

☛ PRINCIPLES IN DETERMINING HOURS WORKED:

3. If the work performed was necessary, or it benefited the employer, or the employee could
not abandon his work at the end of his normal working hours because he had no
replacement, all time spent for such work shall be considered as hours worked if the work
is with the knowledge of his employer or immediate supervisor

4. The time during which an employee is inactive by reason of interruptions in his work
beyond his control shall be considered time either if the imminence of the resumption of
work requires the employee’s presence at the place of work or if the interval is too brief
to be utilized effectively and gainfully in the employee’s own interest.

- Only the maximum is prescribed, not minimum. Part- time work is therefore not prohibited.
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ART 84. HOURS WORKED SHALL INCLUDE:

☛ ENGAGED TO WAIT
- when waiting is an integral part of the job,
it is compensable
☛ WAITING TO BE ENGAGED
- idle time is not working time, not
compensable
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ART 84. HOURS WORKED SHALL INCLUDE:
☛ WHEN TRAVEL TIME COMPENSABLE:
1. Travel from home to work- refers to ordinary work travel but where the
worker is made to work on an emergency call and travel is necessary in
proceeding to the workplace, the time spent on travel is compensable

2. Travel that is all in a day’s work- time spent by an employee in travel as

part of his principal activity, such as travel from jobsite to jobsite during
the workday, must be counted as hours worked.

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ART 85. MEAL PERIODS
☛ MEAL PERIODS
1. Should not be less than sixty (60) minutes, and is time-off/non-compensable
2. Under specified cases, may be less than sixty (60) minutes, but should not be less than
twenty (20) minutes an must be with full pay.
3. If less than twenty(20) minutes, it becomes only a rest period and is thus considered
as work time
☛ NOTE: Employee must be completely relieved from duty. Otherwise, it is
compensable as hours worked.
- Mealtime is not compensable EXCEPT in cases where the lunch period or meal time is
predominantly spent for the employer’s benefit or where it is less than 60 minutes.
- Employees may request that their meal period be shortened so that they can leave
work earlier that the previously established schedule. TREY 63
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ART 85. MEAL PERIODS
☛ REQUISITES :
1. The employees voluntarily agree in writing to a shortened meal period and are willing
to waive the overtime pay for such shortened meal period;
2. No diminution whatsoever in the salary and other fringe benefits of the employees
existing before the effectivity of the shortened meal period;
3. Work does not involve strenuous physical exertion and they are provided with
adequate coffee breaks;
4. The value of benefits is equal with the compensation due them for the shortened
meal period
5. OT pay will become due and demandable after the new time schedule; and
6. The arrangement is of temporary duration.
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ART 86. NIGHT SHIFT DIFFERENTIAL
☛ NIGHT SHIFT DIFFERENTIAL
-Additional compensation of not less than ten percent (10%) of an
employee’s regular wage for every hour of work done between 10:00 PM
and 6:00 AM, whether or not this period is part of the worker’s regular
shift.
- If work done between 10 PM and 6 AM is overtime work, then the
10% night shift differential should be based on his overtime rate.
☛ RATIONALE
- it serves as an inducement of employment
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ART 87. OVERTIME WORK
☛ OVERTIME PAY
- Additional compensation for work performed
beyond eight (8) hours within the worker’s 24-hour
workday. 30% of 130% if on a special holiday/rest day
1.25% of regular wage if done on a regular workday
2.30% of 150% if on special holiday AND rest day
3.30% of 200% if on a regular holiday
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ART 87. OVERTIME WORK
☛ RATIONALE
- employee is given OT pay because he is made to work longer than
what is commensurate with his agreed compensation for the statutorily
fixed or voluntarily agreed hours of labor he is supposed to do.
- As a rule, cannot be waived, as it is intended to benefit laborers and
employees. But when the waiver is made in consideration of benefits
and privileges which may even exceed the overtime pay, the waiver
may be permitted.
☛ NOTE: OT pay will not preclude payment of night shift differential
pay. TREY 67
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 ART 87. OVERTIME WORK
☛ COMPRESSED WORKWEEK
-allowable under the following conditions:
1. It is voluntary on the part of the worker
2. There will be no diminution of the weekly or monthly take-home pay and fringe benefits of the
employees;
3. The value of the benefits that will accrue to the employees under the proposed schedule is
more than or at least commensurate with the one-hour OT pay that is due them during
weekdays based on the employee’s quantification
4. The one-hour OT pay will become due and payable if they are made or permitted to work on a
day not scheduled for work on the compressed work week
5. The work does not involve strenuous physical exertion and employees must have adequate rest
periods
6. The arrangement is of temporary duration. TREY 68
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ART 88. UNDERTIME NOT OFFSET BY OVERTIME
Undertime work on any particular day shall not be offset by
overtime work on any other day. Permission given to the employee
to go on leave on some other day of the week shall not exempt the
employer from paying the additional compensation.
☛ RATIONALE
- An employee’s regular pay rate is lower than the overtime
rate. Offsetting the undertime hours against the overtime hours
would result in undue deprivation of the employee’s extra pay for
overtime work.
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 ART 89. EMERGENCY OVERTIME WORK
☛ WHEN WORKER MAY BE REQUIRED TO RENDER OT: (WNUNCN)
W 1. Country is at war or any other national/local emergency has been declared by the Chief
Executive/Congress
N 2. Necessary to prevent loss of life/property/ in case of actual/impending emergency in the
locality
U 3. There is urgent work to be performed on machines, installations, or equipment in order to
avoid serious loss/damage to the employer or some other causes of similar nature

N 4. Work is necessary to prevent loss/damage to perishable goods; and

C 5. Where the completion or continuation of the work started before the eighth hour is necessary
to prevent serious obstruction or prejudice to the business or operations of the employer.

N 6. When it is necessary to avail of favorable weather or environmental conditions where

performance or quality of work is dependent thereon
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ART 90. REGULAR WAGE

- include the cash wage only,

without deduction on account
of facilities provided by the
employer
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 CHAPTER II
WEEKLY REST PERIOD

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ART 91. RIGHT TO A WEEKLY REST DAY
- Employees should be provided a rest period of not less than twenty four
(24) consecutive hours after every six (6) consecutive normal work days.

- Employer shall schedule the weekly rest day of his employees subject to
collective bargaining agreement. However, the employer shall respect the
preference of employees as to their weekly rest day when such
preference is based on religious grounds. But when such preference will
prejudice the operations of the undertaking and the employer cannot
normally result to other remedial measures, the employer may so
schedule the weekly rest day that meets the employee’s choice for at
least two (2) days a month
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ART 92. WHEN EMPLOYER MAY REQUIRE WORK ON A REST DAY
☛ WHEN EMPLOYEE MAY BE REQUIRED TO RENDER WORK ON A REST DAY:
1. In case of actual or impending emergencies caused by serious accident, fire, flood
typhoon, earthquake epidemic or other disaster or calamity, to prevent loss of life or
property or in cases of force majeure or imminent danger to public safety
2. urgent work to be performed on the machinery, equipment or installation to avoid
serious loss which the employer would otherwise suffer
3. abnormal pressure of work due to special circumstances, where the employer cannot
ordinarily be expected to resort to other measures
4. prevent serious loss of perishable goods
5. nature of work requires continuous operation for seven days a week
6. work is necessary to avail of favorable weather or environmental conditions where
performance or quality of work depends upon them TREY 74
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ART 93. COMPENSATION FOR REST DAY, SUNDAY OR HOLIDAY WORK

- this article does not prohibit a stipulation in the CBA for

higher benefits
☛ SPECIAL HOLIDAYS
1.All Saint’s Day -November 1 2.
2.Last Day of the Year-December 31
3.And all other days declared by law or ordinances to be a special
holiday or nonworking day

NOTE: worked = regular wage plus 30% premium pay not worked
= none TREY research
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ART 93. COMPENSATION FOR REST DAY, SUNDAY OR HOLIDAY WORK

☛ ADDITIONAL COMPENSATION FOR WORK ON A REST

DAY, SUNDAY OR HOLIDAY WORK:

1.Work on a scheduled rest day - 30% of regular wage

2.No regular workdays and rest days -30% of regular
wage for work on Sundays & Holidays
3.Work on Special Holidays -30% of regular wage
4.Holiday Work falls on Scheduled Rest Day - 50% of
regular wage
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 CHAPTER III
HOLIDAYS, SERVICE
INCENTIVE LEAVES
AND SERVICE
CHARGES
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ART 94. RIGHT TO HOLIDAY PAY
☛ HOLIDAY PAY
- A day’s pay given by law to an employee even if
he does not work on a regular holiday. It is limited to
the ten (10) regular holidays listed by law.
- employee should not have been absent without
pay on the working day preceding the regular
holiday Art. 94(b) refers to regular holidays, special
holidays are taken care of under
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Art. 93. ☛ PREMIUM PAY
- Additional compensation for work performed on a scheduled rest day or
holiday.
☛ REGULAR HOLIDAYS:
1. New Year’s Day -January 1
2. Maundy Thursday -Movable date
3. Good Friday- Movable date
4. Araw ng Kagitingan -April 9
5. Labor Day -May 1
6. Independence Day -June 12
7. National Heroes Day`-Last Sunday of August
8. Bonifacio Day-November 30
9. Christmas Day-December 25
10. Rizal Day-December 30
Note: Compensable whether worked or unworked. TREY 79
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Art. 93. ☛ PREMIUM PAY
☛DOUBLE HOLIDAY PAY

1. 200% of the basic wage provided, he works on that day and was present or on
leave with pay on the preceding workday. If on leave without pay, rate still applies
if leave is authorized.

2. 400% if he worked – as per DOLE Memo if there are 2 regular holidays in one day
eg. April 9 and Good Friday. Provided the employee worked on the day prior to
the regular holiday or on leave with pay or on authorized absence.

3. If there are two succeeding holidays eg., Maundy Thursday and Good Friday, the
employee must be present the day before the scheduled regular holiday to be
entitled to compensation to both otherwise, he must work on the first holiday to
be entitled to holiday pay on the second regular holiday. TREY 80
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 ART 95. RIGHT TO SERVICE INCENTIVE LEAVE
☛ SERVICE INCENTIVE LEAVE (SIL)
- Five (5) days leave with pay for every employee who has rendered at least one (1) year
of service.
☛ BUT DOES NOT APPLY TO THOSE WHO ARE:
already enjoying the said benefits; or enjoying vacation leave with pay for at least 5 days
those employed in establishments regularly employing less than 10 employees those employed
in establishments exempted from granting this benefit by the Secretary of Labor.
☛ ONE (1) YEAR OF SERVICE.
- service within 12 months, whether continuous or broken, reckoned from the date the
employee started working including authorized absences and paid regular holidays unless the
number of working day in the establishment as a matter of practice or policy, or provided in the
employment contract is less than 12 mos.
- SIL is commutable i.e., convertible to cash- the cash equivalent is aimed primarily at
encouraging workers to work continuously and with dedication to the company. TREY 81
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ART 96. SERVICE CHARGES
☛ TO BE DISTRIBUTED TWICE A MONTH AND AT THE RATE OF:
1.85% for all covered employees to be equally distributed
among them
2.15% for management (may answer for losses and breakages
or distributed to management) - If collection of service
charges is abolished, the share of covered employees shall be
considered integrated in their wages on the basis of the
average monthly share of each employee for the past 12
months immediately preceding the abolition.
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ART 96. SERVICE CHARGES
☛ TO BE DISTRIBUTED TWICE A MONTH AND AT THE RATE OF:
1.85% for all covered employees to be equally distributed
among them
2.15% for management (may answer for losses and breakages
or distributed to management) - If collection of service
charges is abolished, the share of covered employees shall be
considered integrated in their wages on the basis of the
average monthly share of each employee for the past 12
months immediately preceding the abolition.
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 TITLE II
WAGES

CHAPTER I
PRELIMINARY MATTERS TREY 84
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ART 97. DEFINITION
☛ WAGE
- the remuneration or earnings, however designated,
capable of being expressed in terms of money, whether fixed or
ascertained on a time, task, piece, or commission basis or other
method or calculating the same, which is payable by an employer
to an employee under a written or unwritten contract of
employment for work done or to be done or for services
rendered or to be rendered and includes the fair and reasonable
value of board, lodging, or other facilities customarily furnished
by the employer to the employee. TREY 85
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ART 97. DEFINITION
FAIR DAY’S WAGE FOR A FAIR DAY’S LABOR
- if there is no work performed by the employee, there can be no
wage or pay unless the laborer was able, willing, and ready to work but
was prevented by management or was illegally locked out, suspended or
dismissed.

WAGE SALARY
compensation for manual labor denotes higher degree of
employment
Not subject to execution subject to execution (Gaa vs.
CA)
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ART 97. DEFINITION
☛ FACILITIES
– shall include all articles or services for the benefit of the employee or
his family but shall not include tools of the trade or articles or services primarily
for the benefit of the employer or necessary to the conduct of the employer’s
business.
FACILITIES SUPPLEMENTS
- Are items of expense necessary for the laborer’s and his family’s existence and
subsistence - Constitute extra remuneration or special privileges or benefits
given to or received by the laborers over and above their ordinary earnings
wages - part of the wage - independent of the wage - deductible from the wage -
not wage deductible
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ART. 98. APPLICATION OF TITLE
☛ This Title shall not apply to the following:
1. household or domestic helpers
2. homeworkers engaged in needle-work
3. workers employed in any establishment duly
registered with the National Cottage
Industry
4. Workers in any duly registered cooperatives
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 CHAPTER II
MINIMUM WAGE
RATES
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ART 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS

☛ LEGAL REQ’TS. BEFORE FACILITIES CAN BE DEDUCTED

FROM THE EMPLOYEES’ WAGES:
1. Proof that such facilities are customarily furnished by
the trade ;
2. Voluntarily Accepted in writing by the employee
3. Charged at Fair & Reasonable Value

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ART 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS

☛ THE NON-DIMINUTION RULE

-the benefits being given to employees cannot be taken back or reduced
unilaterally by the employer because the benefit has become part of the
employment contract, written or unwritten. The rule is applicable if it is
shown that the grant of the benefit is:
1. based on an express policy, or
2. has ripened into practice over a long period of time, and the practice is
consistent and deliberate.
3. It is not due to an error in the construction /application of a doubtful or
difficult question of law. - But even in cases of error, it should be shown
that the correction is being done soon after the discovery of the error.
TREY 91
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ART 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS

☛ BONUS
- A supplement or employment benefit given under certain
conditions, such as success of the business or greater production
or output. As a rule, it is an amount granted voluntarily to an
employee for his industry and loyalty which contributed to the
success and realization of profits of the employer’s business.
Therefore, from a legal point of view, it is not a demandable and
enforceable obligation. Unless, it was promised to be given
without any conditions imposed for its payment, as such, it is
deemed part of the wage.
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ART 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS

☛ 13 TH MONTH PAY (OR “ITS EQUIVALENT”)

-additional income based on wage required by
P.D. 851 which is equivalent to 1/12 of the total
basic salary earned by an employee within a
calendar year.
- may be given anytime but not later than Dec.
24
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ART 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS
COVERAGE:
- All rank-and-file employees regardless of their designation or employment status
and irrespective of the method by which their wages are paid, are entitled to this benefit,
provided, that they have worked for at least one (1) month during the calendar year.
FORMS:
1. Christmas bonus
2. midyear bonus
3. profit sharing payments; and
4. other cash bonuses amounting to not less than 1/12 of its basic salary.
- Difference of opinion on how to compute the 13th month pay does not justify a strike
- It must always be in the form of legal tender . Free rice, electricity cash and stock
dividends, COLA not equivalent
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ART 101. PAYMENT BY RESULTS
- wages shall be paid directly to the workers to whom they are due.
☛ EXCEPTIONS:
a. in case of force majeure/special circumstances, payment may be made
through another person under written authority where the worker has
died, the
b. employer may pay the wages of the deceased worker to the heirs of
the latter, through the Secretary of Labor or his representative, without
the necessity of intestate proceedings, after the heirs have executed an
affidavit attesting to their relationship to the deceased and the fact
that they are his heirs to the exclusion of all others
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ART 106. CONTRACTOR OR SUBCONTRACTOR
☛ LABOR ONLY CONTRACTING
- where the person supplying workers to an employer does not have substantial
capital or investment in the form of tools, equipment, machineries, work premises,
among others, and the workers recruited and placed by such persons are performing
activities which are directly related to the principal business of such employer.
☛ INDEPENDENT CONTRACTOR
- one who exercises independent employment and contracts to do a piece of
work according to his own methods and without being subject to control of his
employer except as to the result thereof.
- A mere statement in a contract with a company that laborers who are paid
according to the amount and quality of work are independent contractors does not
change their status as mere employees in contemplation of labor laws.
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ART 106. CONTRACTOR OR SUBCONTRACTOR
☛ REQUISITES FOR A CONTRACTING OR SUBCONTRACTING TO BE :
1. where the contractor or subcontractor carries on a distinct and independent
business and undertakes to perform the job on his own account and under his own
responsibility, according to its own manner and method and free from the control
and direction of the principal in all matters connected with the performance of the
work except as to the results thereof;
2. the contractor or subcontractor has substantial capital or investment; and
1. Regional Tripartite Wages and Productivity Board
2. Congress

MINIMUM WAGE - The lowest wage rate fixed by law that an employer can pay his
employees.
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ART. 123 WAGE ORDER
☛ WAGE ORDER
– an order issued by the Regional Board whenever the conditions in the region so
warrant after investigating and studying all pertinent facts and based on the standards
and criteria prescribed by the LC, the Regional Board proceeds to determine whether to
issue the same or not.
☛ EFFECTIVITY of a wage Order
– it shall take effect after 15 days from the its complete publication in at least one
newspaper of general circulation in the region.
☛ FREQUENCY of a wage order
- Wage Order issued by the Board may not be disturbed for a period of 12 months from
its effectivity and no petition for wage increase shall be entertained during said period.
EXCEPTION: When Congress itself issues a law increasing wages.
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ART 124. STANDARDS/CRITERIA FOR MINIMUM WAGE FIXING
☛ FACTORS FOR DETERMINING REGIONAL MINIMUM WAGE RATES
1. Demand for living wages;
2. Wage Adjustment vis-a vis the consumer price index;
3. Cost of living and changes or increases therein;
4. Needs of workers and their families;
5. Need to induce industries to invest in the countryside;
6. Improvements in standards of living;
7. Prevailing wage levels;
8. Fair Return of the capital invested and capacity to pay of employers;
9. Effects on Employment Generation and Family Income;
10.Equitable Distribution of Income & Wealth along the imperatives of economic and social
development TREY 99
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ART 124. STANDARDS/CRITERIA FOR MINIMUM WAGE FIXING

☛ WAGE DISTORTION
- situation where an increase in prescribed wage
rates results in the elimination or severe contraction of
intentional quantitative differences in wage or salary
rates between and among employee groups in an
establishment as to effectively obliterate the distinctions
embodied in such wage structure based on skills, length
of service or other logical bases of differentiation.
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ART 124. STANDARDS/CRITERIA FOR MINIMUM WAGE FIXING
☛ CORRECTING WAGE DISTORTION
Unionized Establishment
1. Negotiate to correct the distortion.
2. Any dispute arising therefrom should be resolved through grievance procedure under
their CBA.
3. If the dispute remains unresolved, through voluntary arbitration.

Establishments without Unions

1. The employers and workers shall endeavor to correct the distortion.
2. Any dispute arising therefrom shall be settled through the NCMB and
3. If it remains unresolved after 10 days of conciliation, it shall be referred to the NLRC. -
Wage distortion is non- strikeable.
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ART 124. STANDARDS/CRITERIA FOR MINIMUM WAGE FIXING
☛ Is the employer legally obliged to try & correct a wage
distortion? It appears so. Article 124 of the Code provides that
“ the employer and the union shall negotiate to correct the
distortions.” If there is no union, “ the employer and the
workers shall endeavor to correct such distortions.

☛ Must the previous pay gaps be restored? While that is the

aim, it need not necessarily be restored to the last peso. An
appreciable differential, a significant pay gap should suffice as
correction of the distortion. TREY 102
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 CHAPTER VII
ADMINISTRATION
AND
ENFORCEMENT
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 ART. 128.
VISITORIAL
AND
ENFORCEMENT POWER

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ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS
- Under Art. 129, the Regional Director is empowered through
summary proceeding and after due notice, to hear and decide
cases involving recovery of wages and other monetary claims
and benefits, including legal interests.
☛ REQUISITES :
1. The claim is presented by an employee or person employed
in domestic or household service or househelper;
2. The claim arises from employer-employee relations;
3. The claimant does not seek reinstatement; and
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 ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS
4. The aggregate money claim of each employee or househelper does not
exceed P5, 000.00
- Access to employer’s records and premises
→ the day/night whenever work is being undertaken therein
→ includes the right to copy therefrom, to question any employee &
investigate any fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of the Code and of any labor
law, wage order, or rules and regulations
- Issue Compliance Orders (ART. 128)
→based on the findings of labor employment and enforcement officers or
industrial safety engineers made in the course of inspection TREY 106
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ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS
- Issue Writs of Execution (ART. 128)
→for the enforcement of orders
→except in cases where the employer contests the findings of the said labor officers and raises
issues supported by documentary proofs which were not considered in the course of inspection.
- Order Work Stoppage/Suspension of Operations
→ when non-compliance with the law or implementing rules and regulations poses grave &
imminent danger to the health and safety of the workers in the workplace.
- Conduct Hearings within 24 hours
→ to determine whether an order for stoppage of work/suspension of operations shall be lifted
or not.
→ employer shall pay the employees concerned their salaries in case the violation is attributable
to his fault
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 ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS
- Require employers to keep and maintain Employment Records –
→ as may be necessary in aid of his visitorial and enforcement powers ART 128 ART 129
officers and raises issues supported by documentary proofs which were not considered in the
course of inspection.
- Order Work Stoppage/Suspension of Operations
→ when non-compliance with the law or implementing rules and regulations poses grave &
imminent danger to the health and safety of the workers in the workplace.
- Conduct Hearings within 24 hours
→ to determine whether an order for stoppage of work/suspension of operations shall be
lifted or not. → employer shall pay the employees concerned their salaries in case the
violation is attributable to his fault
- Require employers to keep and maintain Employment Records –
→ as may be necessary in aid of his visitorial and enforcement powers ART 128 ART TREY
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 ART. 129. RECOVERY OF WAGES, SIMPLE MONEY CLAIMS AND OTHER BENEFITS
1. Visitorial and enforcement power of the Secretary of Labor /his duly authorized representatives
exercised through routine inspections of establishments
1. Power of the Regional Director or any duly authorized hearing officers to hear and decide matters
involving the recovery of wages, upon complaint of any interested party
2. requires the existence of E-E Relationship
2. E-E relationship not necessary since it should not include a claim for reinstatement
3. No limit as to amount of claim
3. Aggregate claim of each complainant does not exceed P5,000
4. Appeal is with Sec. of Labor ; period of appeal is 10 calendar days
4. Appeal with NLRC; period of appeal is 5 calendar days
5. Person exercising the power is the Sec. Of Labor or any of his duly authorized representatives who
may or may not be a regional director
5. The power is vested upon a regional director or any duly authorized hearing officer of theTREY
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 TITLE III
WORKING CONDITIONS FOR
SPECIAL GROUP OF
EMPLOYEES
CHAPTER I EMPLOYMENT
OF WOMEN
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 ART 130. NIGHTWORK PROHIBITION
- No woman , regardless of age, shall be employed or
permitted or suffered to work, with or without
compensation in any :
1.Industrial undertaking between 10PM-6AM
2.Commercial/Non-Industrial undertaking between 12 MN-
6AM
3.Agricultural undertaking at nighttime unless, she is given
a period of rest of not less than 9 consecutive hours
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 ART 131. EXCEPTIONS
1. Actual/Impending Emergencies caused by serious accident, flood, typhoon, 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
2. Urgent work to be performed on machineries, equipment or installation, to avoid serious
loss
3. Work is necessary to prevent serious loss of perishable goods
4. Where she holds a responsible position of managerial/technical nature/engaged to
provide health and welfare service
5. Nature of the work requires the manual skill and dexterity of women workers & cannot
be performed with equal efficiency by male workers
6. Where women workers are immediate family members of the family operating the
establishment or undertaking
7. Analogous cases TREY
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 ART 132. FACILITIES FOR WOMEN
☛The Secretary of Labor may require employers to:
1.Provide seats proper for women and permit them to use the seats
when they are free from work or during office hours provided the
quality of the work will not be compromised;
2.To establish separate toilet rooms and lavatories for men and
women and provide at least a dressing room for women;
3.To establish a nursery in the establishment;
4.To determine appropriate minimum age and other standards for
retirement or termination in special occupations such as those of
flight attendants and the like TREY 113
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 ART. 133 MATERNITY LEAVE BENEFITS
☛ MATERNITY LEAVE UNDER THE SSS LAW
A female member, who need not be legally
married, who has paid for at least three (3) monthly
contributions in the 12-month period immediately
preceding the semester of her childbirth or
miscarriage shall be paid a daily maternity benefit
equivalent to 100% of her average daily salary credit
for 60 days or 78 days, in case of caesarian delivery.
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 ART. 133 MATERNITY LEAVE BENEFITS
REQUISITES :
1. Employee notified her employer of her pregnancy of the probable date of her childbirth
2. Full payment be advanced by the employer within 30 days from the filing of the maternity leave
application
3. That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits
4. That the maternity benefits shall be paid only for the first four (4) deliveries or miscarriages
5. That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits
advanced to the employee by the employer
6. That if an employee member should give birth or suffer a miscarriage without the required contributions
having been remitted for her by her employer to the SSS, or without the latter having been previously
notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said employee member would otherwise have been entitled to.

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 ART. 133 MATERNITY LEAVE BENEFITS

- ART 133 (b) subsists, i.e., 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.
☛ LIMIT OF THE BENEFIT: Applies only for the first four deliveries
irrespective of who is the father of the children, and may not be
availed of in addition to sickness benefit under the Social Security
program.
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 ART. 133 MATERNITY LEAVE BENEFITS
☛ RA 8187 (PATERNITY LEAVE)
- This law grants paternity leave of seven day with full pay to all married male employees in the private and
public sectors.
- It is available only for the first four deliveries of the legitimate spouse with whom the husband is
cohabiting.
DELIVERY – includes childbirth, miscarriage, or abortion.
Purpose: to enable the husband to lend support to his wife during the period of recovery and/or in the
nursing of the newly born child.
☛ CONDITIONS :
1. he is an employee at he time of the delivery of his child;
2. he is cohabiting with his spouse at the time she gives birth or suffers a miscarriage;
3. he has applied for paternity leave ; and
4. his wife has given birth or suffered a miscarriage
- Paternity leave, if not availed of, is not convertible to cash. TREY 117
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 ART. 133 MATERNITY LEAVE BENEFITS
WIFE
- refers to the lawful wife which means the woman who is
legally married to the male employee concerned.

- Where the male employee is already enjoying the paternity leave

by reason of any law, decree, executive orders or any contract,
agreement or policy between employer and employee and the
existing paternity benefit is greater, the greater benefit shall
prevail; if lesser, the existing benefit shall be adjusted to the extent
of the difference. TREY 118
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 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.
☛ Acts of Discrimination:
a. Payment of a lesser compensation for work of equal
value.
b. Favoring a male employee over a female employee
solely on the account of their sexes.
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 ART 135. DISCRIMINATION PROHIBITED
Sexual Harassment in a Work-Related or Employment Environment :
1. the sexual favor is made as a condition in the hiring or in the employment,
re-employment or continued employment of said individual or in granting
said individual favorable compensation, terms, conditions, promotions, or
privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in anyway would
discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee
2. the above acts would impair the employee’s rights or privileges under
existing labor laws or
3. The above acts would result in an intimidating, hostile, or offensive
environment (Sec. 3[a], RA No. 7877) TREY 120
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 ART 136. STIPULATION AGAINST MARRIAGE

- it shall be unlawful for an employer to require as a

condition for 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.
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 ART 138. CLASSIFICATION OF CERTAIN WOMEN WORKERS

- Any woman who is permitted to work or suffered to

work, with or without compensation, in any night
club, cocktail lounge, massage clinic, bar or similar
establishment, under the effective control or
supervision of the employer for a substantial period
of time as determined by the Secretary of Labor, shall
be considered as an employee of such establishment
for purposes of labor and social legislation.
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 CHAPTER II
EMPLOYMENT OF
MINORS
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 ART 139. MINIMUM EMPLOYABLE AGE
- Any person between ages 15 and 18 may be employed in any non
hazardous work.
☛ Exception and condition on the employment of a child below 15:
1. When the child works directly under the sole responsibility of his/her
parents or legal guardian who employs members of his/her family only under
the following conditions:
a. employment does not endanger the child’s life, safety, health and morals
b. employment does not impair the child’s normal development
c. the parent/legal guardian provides the child with the primary and/or
secondary education prescribed by DECS
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 ART 139. MINIMUM EMPLOYABLE AGE
2. Where the child’s employment or participation in public
entertainment or information through cinema, theater, radio, or
television is essential, provided that:
a. employment does not involve advertisements or commercials
promoting alcoholic beverages, intoxicating drinks, tobacco and
its byproducts or exhibiting violence;
b. There is a written contract approved by the DOLE; and
c. The conditions prescribed for the employment of minors {above
stated} are met.
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ART 139. MINIMUM EMPLOYABLE AGE
NONHAZARDOUS WORK OR UNDERTAKING
– one where the employee is not exposed to any risk which constitutes an imminent danger to
his safety and health.
☛ HAZARDOUS WORKPLACES:
1. Where the nature of the work exposes the workers to dangerous environmental elements,
contaminants or work conditions;
2. Where the workers are engaged in construction work, logging, fire-fighting, mining,
quarrying, blasting, stevedoring, dock work, deep-sea fishing, and mechanized farming;
3. Where the workers are engaged in the manufacture or handling of explosives and other
pyrotechnic products;
4. Where the workers use or are exposed to heavy or power-driven machinery or equipment;
and
5. Where the workers use or are exposed to power-driven tools,
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 CHAPTER III
EMPLOYMENT
OF HOUSEHELPERS
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☛ RIGHTS OF HOUSEHELPERS:
1. minimum cash wage
2. non-assignment to non- household work
3. opportunity for education: if under 18 (cause of education part of compensation)
4. board/ lodging, medical attendance
5. just and humane treatment
6. indemnity for unjust termination of services
7. just causes for termination
8. right not to be required to work more than 10 hours a day
9. for days vacation each month
10. to regular wages if employed in industrial or commercial or agricultural undertaking
11. funeral expenses must be paid by employer if the househelper has no relatives with sufficient
means in the place where the head of the family lives.
12. at least elementary education
13. employment certification
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 CHAPTER IV
EMPLOYMENT
OF
HOMEWORKERS
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☛ INDUSTRIAL HOMEWORK
- a system of production under which work
for an employer or contractor is carried out
by a homeworker at his home.
☛ INDUSTRIAL HOMEWORKER
- a worker who is engaged in industrial
homework
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 BOOK FOUR HEALTH, SAFETY AND SOCIAL
WELFARE BENEFITS

TITLE I
MEDICAL, DENTAL AND OCCUPATIONAL SAFETY

CHAPTER I
MEDICAL AND DENTAL SERVICES
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 ART 156. FIRST-AID TREATMENT
☛ FIRST-AID TREATMENT
– adequate, immediate, and necessary medical and dental
attention or remedy given in case of injury or illness suffered by
a worker during employment, irrespective of whether or not
such injury or illness is work-connected, before a more extensive
medical and/or dental treatment can be secured.
☛ FIRST AIDER
– any person trained and duly certified as qualified to administer
first aid by the Phil. National Red Cross or by any other
organization accredited by the former. TREY 132
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 TITLE II
EMPLOYEES’ COMPENSATION
AND
STATE INSURANCE FUND

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☛ WORKMEN’S COMPENSATON
- A general and comprehensive term applied to those laws
providing for compensation for loss resulting from the injury,
disablement or death of a workman through industrial accident,
casualty or disease.
☛ COMPENSATION
- Money relief afforded according to the scale established
under the statute as differentiated from compensatory damages
recoverable in an action at law for breach of contract or for tort.

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 BOOK FIVE
LABOR RELATIONS

TITLE I
POLICY AND DEFINITIONS

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ART 211. DECLARATION OF POLICY
☛ LABOR RELATIONS LAW
- Concerned with the stabilization of relations of
employer and employees and seeks to forestall and
adjust grievances through
- the encouragement of collective bargaining and the
settlement of labor disputes through conciliation,
mediation and arbitration.
- Absent an employer-employee relation, there is no
labor relations to speak of.
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 ART 211. DECLARATION OF POLICY
☛ PARTIES TO LABOR RELATIONS CASES:
1. The employee’s organization,
2. management, and
3. the public
- The public is always to be considered in disputes between labor and capital, and it
has been held that the rights of the general public are paramount.
- Labor relations policy under the LC is embodied in Section 3 Article XIII of the 1987
Constitution which guarantees to all workers their right among others to
selforganization, collective bargaining and negotiations, peaceful land concerted
activities including the right to strike in accordance with law, and to participate in
policy and decision making processes affecting their rights and benefits as may be
provided by law.
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 ART. 212. DEFINITIONS
☛ LABOR DISPUTE INCLUDES:
1.any controversy or matter concerning terms or
conditions of employment or
2.the association or representation of persons in
negotiating, fixing, maintaining, charging or arranging
the terms and conditions of employment, regardless of
whether the disputants stand in the proximate relation
of employer and employee.
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 ART. 212. DEFINITIONS
☛ EMPLOYEE
- shall not be limited to the employees of a particular
employer.
- it shall include any individual whose work has ceased: as a
result of or in connection with any current labor dispute; or
because of unfair labor practice
- If he has not obtained any other:
1. Substantially equivalent and
2. Permanent employment TREY 139
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